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HomeMy WebLinkAboutCASTAWAYS_MARINA_PROJECT_SUMMERY -- Ordinance 91-48 EIR 13811111111 lill 11111111111111111111111111 lill 1111111 *NEW FILE* CASTAWAYS_MARI NA P ROJ E CT SUMMERY I 1 TABLE OF CONTENTS ' A. PROJECT DESCRIPTION/SUMMARY B. AGENCY RESPONSES/CONDITIONS OF APPROVAL: SUMMARY ' C. CONSTRUCTION AND SCHEDULE ' SECTION I - MAPS AND PLANS 1. "Regional Location Map - Castaways Marina", Exhibit 3-1, Febru- ary, 1990 ' 2. "Project Vicinity Map - Castaways Marina", Exhibit 3-2, February, 1990 3. Project Vicinity Photograph - Castaways Marina 4. "Existing Land Uses Plan - Castaways Marina", Exhibit 5.1-11 Feb- ' 5. ruary, 1990 "Revised Tentative Parcel Map No. 88-103, for the project site . prepared by Dulin and Boynton Licensed Surveyors, Inc., Novem- ' ber, 1992 (In pocket) 6. "Castaways Marina 71 Slip Plan" prepared for the California Coas- tal Commission by Cash and Associates Engineers, May 14, 1993 (In pocket) 7. Assorted Project Photographs 8. "Castaways Marina Restrooms" Plans Al and A2 (reduced) prepared ' by Cash and Associates Engineers ' 9. "Crib Retaining Wall Design Tables" by Retaining Walls Company, February, 1991 SECTION II - TITLE REPORTS 1. Preliminary Title Report of the Castaways Marina project site, ' Order No. 000634330-8, requested by the Irvine Company and prepared by Chicago Title Company, February 18, 1992 ' 2. Preliminary Title Report of the project site, No. OR-1481767, requested by The Irvine Company and prepared by First American Title Insurance Company, August 7, 1990 OF NEWPORT BEACH PERMIT INFORMATION SECTION III - CITY 1. "Approval in Concept" by the City of Newport Beach Marine Depart- ' ment, December 16, 1992 ' i I 2. City of Newport Beach City Council Meeting Minutes, February 24, 1992 3. "Notice of Determination" for the Castaways Marina prepared by ' the City of Newport Beach, February 11, 1992 4. City of Newport Beach City Council Meeting Minutes, February 10, 1992 ' 5. City of Newport Beach City Council Meeting Minutes, January 13, 1992 6. "A Resolution of the City Council of the City of Newport Beach ' certifying as complete and adequate the Final Environmental Im- pact Report No. 138 for the Castaways Marina Project", 1992 (estimated) 7. City of Newport Beach Planning Commission Minutes, November 21, ' 1991 8. Letter indicating preference for offshore disposal of hydraulic fill by the City of Newport Beach Planning Department, February ' 26, 1990 SECTION IV - STATE OF CALIFORNIA PERMIT INFORMATION 1. "Notice df-Intent to Issue Permit" for the proposed project as issued by the California Coastal Commission, April 8, 1993 ' 2. Letter addressing "Coastal Development Permit Application No. 5- 92-408, Construction of a 71-slip Marina Including 77,600 Cubic Yards of Dredging, Castaways Marina, Newport Beach" prepared by ' the State of California State Lands Commission, March 12, 1993 3. "Important Public Hearing Notice - City of Newport Beach Land Use Plan Amendment" prepared by the California Coastal Commission, February 19, 1993 ' 4. "Major Amendment Request No. 3-92 to the City of Newport Beach certified Land Use Plan" prepared by the California Coastal Com- mission, February 3, 1993 ' S. "Review of Sediment and Circulation Characteristics For Revised Castaways Marina Plan" by Noble Consultants,'January 11, 1993 6. Memorandum from the State of California, Department of Fish and ' Game regarding their review of the Corps of Engineers' Public Notice regarding construction of the new marina, December 18, 1992 7. Memorandum from the State of California Integrated Waste Manage- ment Board regarding their review of the Corps of Engineers' Public Notice regarding construction of the new marina, December 17, 1992 ' 8. Jurisdiction letter prepared by the California Coastal Commis- sion, December 3, 1992 9. Letter requesting more information from J. A. King & Associates ' prepared by the California Coastal Commission, November 23, 1992 10. "Staff Report: Regular Calendar of California Recreation Company project at 300 Dover Drive, Newport Beach" prepared by the Cali- fornia Coastal Commission, November 9, 1992 ' 11. "Application for Coastal Development Permit" to the California Coastal Commission prepared by Cash and Associates Engineers, October 23, 1992 ' ii I 1 17 I I t 1 II SECTION V - REGIONAL WATER QUALITY CONTROL BOARD PERMIT INFORMATION 1. "Adopted Order, Castaways Marina, 300 Dover Drive, Newport Beach, Orange County, Order No. 92-72" prepared by Regional Water Qual- ity Control Board, December 10, 1992 2. "Application for ,Facility Permit/Waste Discharge" to the Regional Water Quality Control Board prepared by Cash and Associates Engineers, November 1, 1992 SECTION VI - ARMY CORPS OF ENGINEERS PERMIT INFORMATION 1. Letter requesting reconsideration of California Department of Fish and Game recommendation on project addressed to the Corps prepared by The Irvine Company, February S. 1993 2. Letter from the United States Environmental Protection Agency regarding their review of the Corps of Engineers' Public Notice regarding construction of the new marina, December 18, 1992 3. Analysis of the Sediment Bioassays for the Proposed Castaways Marina,'Newport Beach, CA prepared by Reish Marine Studies, Inc., December 14, 1992 (C&A cover letter) and May 6, 1991 4. "Public Notice of Permit Application" plus vicinity map of the proposed project as issued by the U. S. Army Corps of Engineers, November 23, 1992 5. "Application for Department of the Army Permit for the Castaways Marina Project in Newport Beach, California" prepared by Cash & Associates Engineers, September 11, 1992 6. Letter regarding review by archaeologist of project related geotechnical reports prepared by RMW Paleo Associates, July 27, 1992 7. Letter permitting project as mitigated" prepared by the United States Department of Commerce, National Oceanic And Atmospheric Administration, May 14, 1992 8. "Notice of Public Participation Meeting concerning the Project Modification at Newport Bay Harbor, Newport Beach, California" prepared by the Army Corps of Engineers, March 16, 1992 9. Letter addressed to the City of Newport Beach regarding status of review of the Draft EIR by the United States Department of the Interior, Fish and Wildlife Service, October 10, 1991 10. Letter discussing "Analysis of Sediment Bioassays for the Pro- posed Cataways Marina, Newport Beach, CA", May 13, 1991 11. "Notice of Public Hearing" and related documents, California Coastal Commission, May 12, 1983 12. Letter allowing demolition of the Bayshore Park Marina prepared by the Army Corps of Engineers plus related documents, February 23, 1983 iii ISECTION VII 1. Castaways Marina Cost Estimate, May --, 1993 APPENDIX A ' 1. "Castaways Marina Draft Environmental Impact Report - Volume I of II" prepared by Michael Brandman and Associates, August, 1991 ' APPENDIX B ' 1. "Castaways Marina Draft Environmental Impact Report - Technical Appendices - Volume II of II" prepared by Michael Brandman and Associates, August, 1991 ' APPENDIX C 1. "Castaways Marina - Final Plot Plan - Cribwall Design - Bulkhead Design" prepared by Cash and Associates Engineers, May, 1993 2. "Final Biological Mitigation Plan for the Loss of Mudflat and Shallow Subtidal Habitat - Castaways Marina - Environmental Im- ' pact Report - Shellmaker Island Restoration Project, Upper New- port Bay, Newport Beach, California" prepared by Rick Ware Coas- tal Resources Management, October 29, 1992 3. "Report of Soil Characterization Study Shellmaker Island Newport Beach, California" prepared by Leighton and Associates, Inc., Project No. 40920439-01, July 20, 1992 ' APPENDIX D 1. "Castaways Marina Final Environmental Impact Report = Response to Comments Addendum" prepared by Michael Brandman and Associates, 2. State Clearinghouse #88081016, November, 1991 "Report of Geotechnical Exploration - Proposed Castaways Marina - Newport Beach, California, prepared by Converse Consultants Orange County, Project No.90-32155-01, July 19, 1990 ' 3. "Test Excavation of a Portion of CA-Ora-84, Newport Beach, Orange County, California" prepared by RMW Paleo Associates, Project No. 89-1180, May 9, 1990 4. "Castaways Marina, Engineering Study and Feasibility Report" prepared by Cash & Associates Engineers, Project No. 2492.01, August 26, 1987 5. "Castaways Marina Qualitative Analysis of Hydrodynamics and Sedi- mentation" prepared by Rivertech Inc., July 16, 1987 6. Memorandum and Pacific Bell Plan regarding "Location and Status of Submarine Cable in Newport Bay", November, 1992 iv I CASTAWAYS MARINA PORTFOLIO A. PROJECT DESCRIPTION/SUMMARY ' 1. The proposed Castaways Marina site is located in the City of Newport Beach on what is called the "Lower Castaways" site. (See Section I for maps. See Section III for Preliminary Title Report) The site is immediately north of the Coast Highway ' Bridge at the intersection of Dover Dr. and Coast Highway. Vehicle access to the site is from Dover Dr. Boats will pass under the Coast Highway Bridge to travel between Lower Newport Bay and the proposed marina. ' 2. The proposed marina will consist of floating docks, guide piles, a new basin extending into the existing property, and land -based facilities. The facilities will include one building incorporating restrooms, showers, storage and trash containers; site utilities; and two onsite fire hydrants. Site will be landscaped and have 56 parking stalls. ' prib walls will be required to stabilize slopes for two (2) areas of the site: a. Along the entry road beginning @ Dover and Cliff Dr all the way in the site, and b. Along the north face of property ' (See Section I for site drawing and crib wall details) 3. The site will include several easements allowing for public ' access and utilities. These easements are currently being negotiated and formalized with the California Coastal Commission and the City of Newport Beach. (See Section II for tentative parcel map with superimposed preliminary easements) ' Easements consist of the following: a) Public access from the Public Viewing Area to the beach ' b) Public access from Dover Drive to the Public Viewing Area c) Public access from the Upper to Lower Castaways site d) 30" water transmission line along the north face of property from Dover Drive to the water's edge ' e) City storm drain easement from Dover Drive to the face of the west bulkhead wall f) City signalization easement at the intersection of Cliff Drive and the new entrance road to the site ' 4. Environmental Concerns ' a) Due to the nature of creating a new inland basin and the associated measures necessary to provide for navigation, dredging efforts will impact existing wetlands areas in the bay. ' b) To mitigate the impact of disturbing these wetlands, The I Irvine Company will be creating and enhancing existing wetlands on an adjacent site called "Shellmaker Island". ' The Shellmaker Island site is part of the state preserve administered by the California Department of Fish and Game. ' c) Removal and disposal of both excavated and dredged materials from both the Castaways as well as Shellmaker Island sites will be transported to an existing landfill site, Coyote Canyon. The Coyote Canyon property is owned by The Irvine ' Company and leased by the County of Orange. The County of Orange and The Irvine Company are currently negotiating the County's purchase of this site, with the understanding that excavation and dredged material from the Castaways and Shellmaker sites will have indefinite rights for future disposal. ' d) Certified copies of the EIR are available upon request. B. AGENCY RESPONSES/CONDITIONS OF APPROVAL ' 1. The following agencies have either completed or are in the Process of reviewing the Castaways Project. Although some forthcoming, -permit agency requests are still extensive pre coordination has taken place exposing the majority of agency concerns. All issues and requests to -date do not adversely impact the project and can be addressed in the final design. a) City of Newport Beach (See Section IV) 1) Newport Beach Planning Department 2) Newport Beach Marine Department 3) Newport Beach Public Works Department 4) Newport Beach Planning Commission 5) Newport Beach City Council b) County of Orange 1) EMA 2) County Tidelands ' c) State of California (See Section V) Coastal Commission 1) California a) California Fish & Game b] California State Lands Commission ' c] California EPA d) Federal Government (See Section VI) 1) Army Corp of Engineers ' a] U.S. Fish & Wildlife Service b] National Marine Fisheries c] EPA C. CONSTRUCTION AND SCHEDULE 1. Upon obtaining all appropriate permits, construction can commence. It is anticipated that construction will occur in t - 2 - t t ii II li II four (4) basic phases as follows: a) Phase 1: Shellmaker Island Mitigation b) Phase 2: Construction of the new bulkhead c) Phase 3: Excavation & dredging to create the new basin and access to the main channel d) Phase 4: Fabrication & installation of the marina as well as all site improvements 2. The following is an approximate schedule for the respective phases: a) Phase 1: 1.5 months b) Phase 2: 2 to 3 months c) Phase 3: 3 to 4 months d) Phase 4: 5 to 6 months 3. Total construction time will be between 11.5 to 14.5 months. - 3 - Randy H. Mason Project Manager Cash & Associates May 9, 1993 U LOS ANGELES COUNTY SAN BERNARDINO a COUNTY A� r { , FVIZERTON ♦ ""`""� F" �` RIVERSIDE COUNTY ANAHEIM l� �0ye Iis ORANGE Imp. 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Aor •• F 11 111• � a M 1 111• © ] M 111• . 6i .r 1 ..:: CASTAWAYS MARINA _ _ rr � /6 ] RESIROOMS V A Ram .M+aw.r M m m m m m m r m m m m m m m m m m m m mww Iv TM Q Q MnM �nO Ro[ 1 1 rl ar vrna ' f i•"muncm Rjj m rnos�u•ac � nv-+G mwm. a.•�ca.,, RIDGED WALL AT -ROOF DECK - I �vhrl r.s ool Q—_— mlvs 4hru• - wna L lyvh,� nr ll•• nm A [MZeIY6 M% Lp Wr°rzo w1Ow.�iu lus d mar C ysucao owt '6wc w+r rlbl Srd@1F n Vfit A� ROOF PLAN m H v.•-ra ROOF DETAILS Ica[ n 1. CASTAWAYS MARINA ++ RESTROOMS fA91lA�61B•E117D16 _ Tar�Ms avas r www m m www = m r i � wilt m m m m m r m m wnar reran m m r amo ammm R auevr � mmm�n u armr •mne to ausmr ano. SHO ER WALI TO FALSE REAM i4cl ---�yJ CONC. BLOCK WALL PLAN vrawanrr ae 1•x1 rT M.e--_=rrxc avR ua< 9pO[ A ROAU ----------------- S w tort 4:4na' wov am a xr ac ra cm.mn aew a.oero — eu a+ +ao-a 0 pa maaoa •rr ac CERAMIC TILE DETAILS rr-r I I ommg Emma Iommm m LOUVER AT GRIDS A h D _ '�'•1Y I 7 CASTAWAYS MARINA +RESTROOMS G91 tA190¢1R•OYRRS rwa w @n.c nn trx.0 .nAr� LL S Retaining Walls Company 1531 Grand Avenue • San Marcos, CA 92069 • 619-471-2500 MIKE O'BRIEN 1531 Grand Avenue San Marcos, CA 92069 (619) 471-2500/(800) 367-9255 DESIGN NOTES: I) A CRIBWALL ACTS AND MUST BE DESIGNED AS A GRAVITY -TYPE RETAINING WALL. A) SLIDING RESISTANCE 15 GENERATED BY INTERNAL SOIL FRICTION (0). COEFFICIENT OF SLIDING ALONG BASE • TAN 0 B) AVERAGE DENSITY OF CRIBWALL IN PLACE IS TAKEN TO BE 125 POUNDS PER CUBIC FOOT (BASED ON 120 AND ISO FOR SOIL AND CONCRETE, RESPECTIVELY). C) A VERTICAL LOAD EQUAL TO I/3 THE HORIZONTAL LOAD IS APPLIED AT THE REAR OF THE WALL (ALONG ANALYSIS PLANE). 2) EFFECTIVE DEPTH OF WALL IS FROM FRONT OF FRONT STRETCHER TO FFIC SURCHARGE BACK OF BACK STRETCHER. 3) TO ATTAIN NECESSARY BASE WIDTH FOR WALL STABILITY, HEADERS CAN BE INTERLOCK- STACKED TO CREATE A MULTI -UNIT BASE. (SEE TYPICAL MULTIPLE-OEPTH WALL CROSS-SECTION, SHEET G OF 6). 4) DRAINAGE BEHIND WALLS SHALL BE AS SPECIFIED BY SOILS ENGINEER. MANUFACTURER RECOMMENDS AS A MINIMUM THE FOLLOWING: 4` PERFORATED PVC PIPE ENCASED IN 3 CUBIC FEET/FOOT OF 3/4' CRUSHED ROCK WRAPPED IN FILTER FABRIC. 5) AS SEEN BY EXAMINATION OF THE DESIGN TABLE, EACH WALL TYPE (C-41, C-42,ETC) IS BUILT A MINIMUM OF 2 COURSES. FOR EXAMPLE, A 12-COURSE WALL COULD HAVE 12 COURSES OF C-41, OR 10 COURSES OF C-41 AND 2 OF C-42, BUT W II COURSES OF C-41 AND I OF C-42. 6) THE DESIGN TABLE INCLUDES DATA FOR SURCHARGE LOADING CONDITIONS ASSUMPTIONS SPECIFIC TO EACH OF THESE ARE AS FOLLOW: A) Z' PLUS TRAFFIC EQUIVALENT FLUID PRESSURE • 30 PCF. 2' PLUS TRAFFIC= 4' LEVEL SURCHARGE. 0.3e TAN 0•.50 B) 2:1 SLOPE EQUIVALENT FLUID PRESSURE • 43 PCF. (BASED ON RANKINE'S FORMULA, 0 • 300) 0.300 TAN 0..58 -C) 1b,:I SLOPE EQUIVALENT FLUID PRESSURE • 55 PCE (BASED ON RANKINE'S FORMULA, 0.33°40 0=34• TAN 0 - .67 0) 2' LEVEL EQUIVALENT FLUID PRESSURE-30 PCF. 0.30• TAN 0•.58 ALL DESIGN DATA ARE BASED ON i4:1 WALL SLOPE. MPTIONS NOTED IN 6) ABOVE ARE GENERAL, AS ARE DATA IN THE N TABLE. IN MOST CASES, IT IS APPROPRIATE TO RELY ON A SOIL TIGATION FOR SPECIFIC ALLOWABLE FOUNDATION PRESSURES AND IAL LOADING, AS WELL AS OTHER SOIL PARAMETERS REQUIRED FOR DESIGN %LL STABILITY OF SLOPE WITH WALL IN PLACE MUST BE ANALYZED. INING WALLS, CO., DOES NOT OFFER THIS SERVICE. THIS IS ;ALLY A RESPONSIBILITY OF THE SOILS ENGINEER). OUND SLOPES AWAY FROM TOE OF WALL, A REDUCTION IN NABLE FOUNDATION PRESSURE OR A MINIMUM HORIZONTAL SETBACK FACE OF BANK MUST BE CONSIDERED. N TABLE PROVIDES DESIGN DATA FOR WALLS UP TO 46 FEET IF HIGHER WALLS ARE NEEDED, CUSTOM DESIGN IS REQUIRED. _ WALLS AND DESIGNS ON THESE STANDARD PLANS ARE SHOWN AT 1/4:1 WALL SLOPE (BATTER). IF STEEPER SLOPES ARE NEEDED, CUSTOM DESIGN IS REQUIRED. Retaining Walls Company gq CRIB RETAINING WALL Mock DESIGN NOTES CORPORATE OFFICES 1531 GRAND AVENUE SAN MARCOS, CA 92069 619-471-2500 DRAWING NO. 2 OF 6 )1/1S/87 RWC.876 I STRETCHERS 1i I FRONT--__—_---__-- ID STRETCHER 11 '— A BACK �C I--- STRETCHER 1 L rliy ilF IT..1 �f END VIEWS TOP VIEWS HEADERS I�1 A I I 1 Iti [iA In,l 15'NEADER) T RAITDTA1 —K 9 A I Ik tut R.11 3' HEADER . RAD 25a' T +d F+ ITTPI K C FALSE ��C HEADER 1I I 1 ENO VIEWS Q SIDE VIEWS NOTES: I. STRENGTH OF MATERIALS A COMPRESSIVE STRENGTH OF CONCRETE f'A .3250 PSI S. YIELD STRENGTH OF STEEL f T . 60.000 PSI 2. MANUFACTURE A. CRISLOCK•UNITS ARE NORMALLY MANUFACTURED BY THE DRY —PACK' METHOD. 8 MANUFACTURING SITE 1 RETAINING WALLS COMPANY 1025 GRAND AVE SAN MARCOS, CA C. 'WET —FOUR• MOLDS ARE ALSO AVAILABLE FOR ON —SITE MANUFACTURE WHERE NEEDED. 3. ACTUAL MEMBER SIZES MAY CHANGE. CONTACT R.W C FOR CURRENT MEMBER DIMENSIONS. DIMENSIONS FALSE HEADER 5 FT. HEADER 3".. HEADER 4'A FT HEADER STNR702MER STRE�1C11ER A 4-- 11- 2' - 6%a 4' -0!A 0' B T' 6.s' 7' T.5• 4' A• C I 10' B.3' 1 11' 9' E I' .23' I �t 1 .5' �a �• F I e' e• a' IV — — 0 5' 6' 6' — — H 4' A. 4' 4' — J A K 1310 1 1' — RE —BAR SIZES I �4 UNIT WEIGNFS 30LOS. 135 LOS. 95 LBA I I35 L85. 12]l8A 95 LOS. Retaining Walls Company CORPORATE1531 GRAND OFFICES SAN MARCOS, CA 92069 CRIB RETAINING WALL 619-471-2500 MATERIAL DRAWING NO. 3 OF 6 11/15/R7 FRONT STRETCHERS (TYPI PLANTING AREAS ITYP)- iymG>L I-]' S•6• 2-6• 21 6• 1-1-I�IIIIIIIIIIIII■'I� NP% USED AS CL03EAS ITYP) ALTERNAtING1 JOINTS ITYPI PLAN VIEW BASE COURSE (TYPICAL MULTIPLE DEPTH WALL) I `1� RETAINED HEIGHT • H ELEVATION (TYPICAL) nOl[ `I fu[p'R6L 1„A'p NOTE ...l n ..1..11Prv<n CONSTRUCTION NOTES: II USE OF FALSE HEADERS A) FALSE HEADERS ARE NOT ALLOWED ATENDS OF WALLS OR IN TOP COURSE OF WALLS, B) FALSE HEADERS ARE NOT USED IN INTERIOR OF MULTIPLE -DEPTH WALLS. 2) UNSUPPORTED HEIGHT AT ENDS OF WALLS NOT TO EXCEED A FEET. S) SPECIAL NOTE SHALL BE TAKEN OF ALTERNATING - MINT CONSTRUCTION. AS SHOWN IN TYPICAL CROSS -SECTIONS, BASE COURSE PLAN VIEW. AND ELEVATION. NP% USED AS CL03EAS ITYP) ALTERNAtING1 JOINTS ITYPI PLAN VIEW BASE COURSE (TYPICAL MULTIPLE DEPTH WALL) I `1� RETAINED HEIGHT • H ELEVATION (TYPICAL) nOl[ `I fu[p'R6L 1„A'p NOTE ...l n ..1..11Prv<n CONSTRUCTION NOTES: II USE OF FALSE HEADERS A) FALSE HEADERS ARE NOT ALLOWED ATENDS OF WALLS OR IN TOP COURSE OF WALLS, B) FALSE HEADERS ARE NOT USED IN INTERIOR OF MULTIPLE -DEPTH WALLS. 2) UNSUPPORTED HEIGHT AT ENDS OF WALLS NOT TO EXCEED A FEET. S) SPECIAL NOTE SHALL BE TAKEN OF ALTERNATING - MINT CONSTRUCTION. AS SHOWN IN TYPICAL CROSS -SECTIONS, BASE COURSE PLAN VIEW. AND ELEVATION. •IiVn�t p fu,pW[ self, MlX ,LIO[,IT.M1 _I � � __.1- SLYiI!11 .. ,Rn. ,T.,rtxI, ITI I `\\1.Ill. I AI I , ,W R'`Rr RETAINEDN HEIGHT • I ytir I "'•4 I x �I lu I� c � PPugr/u: N I T 'q It FFAECSIPE OEPTN l CROSS SECTION CROSS SECTION (TYPICAL SINGLE DEPTH WALL) RYFICAL MULTIPLE DEPTH WALL) Retaining Walls Company CRIB RETAINING WALL ERECTION CORPORATE OFFICES 1531 GRAND AVENUE SAN MARCOS, CA 92069 619-471-2500 DRAWING NO. 4 OF 6 Ilsommommom E 11/15/87 YY�rNY �w N [X N.� r irWY II DRAINAGE BEHIND WALLS SHALL BE AS SPECIFIED BY SOILS ENGINEER. MANUFACTURER RECOMMENDS AS A MINIMUM THE FOLLOWING: 4" PERFORATED PVC PIPE ENCASED IN 3 CUBIC FEET/FOOT OF 3/4" CRUSHED ROCK WRAPPED IN FILTER FABRIC. of 12 DETAIL 1- DRAINAGE BEHIND WALL n uuuxc[ Nnu" rrn"Y a v y Gx V rC YX Y AA TAX N . - x LCY\ 11 M[mi[ IIpN AA " ""A rM[""[Wnl. u it unY n cu.m rry "[w[ eeYTM• aw"uN a[uI "r uwr iu[w m [ `'°` oftOYuuxraYi "n 1' moot . Krill.[ wu i1i[ or r"u. Im N omuu" a n"+mr /t"Xfl n au. ruu or v[[ • a.uxe u • aattu mcr munexi or a[uua[ rarn r" rt wr" a numr ruxa. xmi rwr umu[•llY. Al. xu yr NOq [fdlnlYp /1N.MDOI [` iXY"m[ m yr[ DETAIL 3- CURB 8 GUTTER Retaining Walls Company CRIB RETAINING WALL pUdock DETAIL DETAIL 2-BROW DITCH CORPORATE OFFICES 1531 GRAND AVENUE SAN MARCOS, CA 92069 619471-2500 DRAWING NO. 5 OF 6 1/15/87 RWf.A76 DETAIL 4- SIDEWALK NOTES riG Xn-u M Nr,-irl• G YMMD LDWL ,11Mi LMLIM 1T ;o°• a T-f• ux«N «NTG. S Off ppf.5, 6V� DETAIL.6- GUARD RAIL NOTES: 111°fi WLND t !-°' OX Y. f'«Xi(X LD DETAIL 5-CHAIN LINK FENCE NOTE: AS -BUILT WALL SAFETY, SUCH AS INSTALLATION OF FENCING OR GUARDRAILS IN AREAS ACCESSIBLE TO PEDESTRIAN OR VEHICLE TRAFFIC, IS THE RESPONSIBILITY OF THE OWNER. Retaining Walls Company CRIB RETAINING WALL DETAIL CORPORATE OFFICES 1531 GRAND AVENUE SAN MARCOS, CA 92069 619.471-2500 DRAWING NO. 6 OF 6 1/15/87 RWC-876 I1C'J E`.':.XERON TELECOFIER 701:] : -1� S= '3:2PAi: : 7i4 720 2218� ^,1-+8r�c1 �1:b 1 'IME C0. TEL Mo.714-7120-221"o Mar 10>92 9 2U M0.001 P.01 Lt•It" brand fax transmittal memo 7671 rorpegea . I'* r 1pl. Phone x Fax FaxM yCl+ 5 It 11 I i 1 1 I I 0 THE IRVINE COMPANY 550 NEWPORT CENTER DRIVE 5TE FLOOR . NEWPORT BEACH, CALIFORNIA ATTN: MARY JEAN POPTANICH ssuing Office: CHICAGO Title Company 825 N. Broadway, Santa Ana, CA 92701 (714) 547-1251 Dated as of xebruary 18, 1992 at 7:30 am FAX: (714) 667-0343 your Ref: CASTAWAYS MARINA Order Ret: order No: U00634330 -6 In response to the above referenced application for a policy of title insurance, CHICAGO TITLE COMPA14Y hereby reports rhat it is prepared to issue, or. Cause to be issued, as of the date hereof, a Policy or Policies'of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loes which may be sustained by reason of any defect, lien or encumbrance net shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and stipulations of said Policy forms. The printed LxOeptiors and EXCluSiOns from the coverage of said Policy or Policies are set forth in Fghlbit A attached. Copies of t)ie*POlicy forms should be read. They are available from the office which issued this report. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ,ASSUMED iIEREBY. IF IT 1S W} SIRBD THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OI TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. The form of Policy of title insurance contemplated by this report is: California Land Title Association scan_lard coverage Policy American Land Title Association Owner's Policy A.L.T.A. Residential Title Insurance Policy American Land Title Association Loan Policy SLandard Coverage 1-01 ExLended Coverage tiIHE. CO- order Nb: 634330 •8 TEL 11•10.714-7120-_214 SCHEDULE A I`lar 11)r91 _l M110,IIU1 F.U= 1. The estate or interest in the lard hereinafter described or referred to covered by this report is: A FEE 2. Title to said estate or interest at the date hereof is vested in: THE IRVINE COMPANT, a Michigan Corporation 3. The land referred to in this report is situated in the State of California, County of ORANGE and is described as follows: Lot 1 of Tract No. 1125, in the City of Newport Beach, County of Orange, State of California, as shown on a map filed in Book 39, Pages 7 and 8 of Miscellaneous Maps, records of Orange Couuty, California. EXCEPTING THEREFROM, those portions of Lot 1 as conveyed to The City of Newport Beach in an Instrument recorded January 18, 1975 in Book 13004, Page 1183, and in Book 13004, Page 1187, both of official Records. IIINE CO. TEL No.71J 20-221 order N6: 634330 -8 Page 1 SCHEDULE B At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report would be as follows: A 1. Property taxes, including any personal property taxes and any assessments collected with taxes: Fiscal Year: 1991-1992 Amount $51,410.74 let Installment $25,705.37 (PAID) Personal Property None 2nd Installment $25,705.37 Penalty $2,560.53 (AFTDR APRIL 10, 1992) Code and Parcel 07-001 117-801-10 8 2. The lien of supplemental taxes, if any, assessed pursuant to the ' provisions of chapter 3.5 (commencing with Section 75) of Part 0.5 of Division 1 of the Revenue and Taxation Code. ' C 3. An easement for tho purpose shown below and rights incidental thereto as set forth in a document Granted to: PACIFIC TELEPHONE AND TELEGRAPH COMPANY ' PurPose: Public Utilities Recorded: February 15, 1926 in Book 139, Page 47 of Official Records ' Affects: A portion of said land D 4. Rights of way in favor of Laguna Beach County Water District, A Corporation, as disclosed by Deed recorded November 30, 1928 in Book 221, Page 76 of Official Records, and as disclosed an map of Tract No. 1125. ' NOTE: By Deed recorded March 3, 1955 in Book 2982, Page 1 of Official Records, said rights of way were conveyed to the City of Newport Beach. ' E S. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein "ssor: THE IRVINE COMPANY, A WEST VIRGINIA CORPORATION ' Lessee: HEINZ KAISER Disclosed by: An Assignment Recorded; January 14, 1964 in Book 6883, Page 305 of official ' Records F The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. 1 TEL �Io , ,14-7 0-221 Mar !0•92 9:=0 N-0.001 P-04 I Order NO: 634330 -8 Page 2 SCHEDULE B (continued) G 6. A perpetual avigation easement in and through the air above the herein described land, as conveyed to the County of orange by Deed Recorded March 17, 1964 in Book 6965 Page 721, Official Records R 7. The requirement for submission to the company of a Resolution of the governing body of THE IRVINE COMPANY, authorizing the transaction for which this report has been requested together with a copy of such corporation's ay -Laws. The resolution to designate as well, the officers authorized to execute on the corporation's behalf. i END OV SCHEDULE B J NOTE 1,10. l: This Company Will require that a Lull Copy O£ any unrecorded lease referred to herein be furnished to this company, together with a1'_ supplements, assignments and amendments, before issuing any policy of title insurance. K NOTE NO. 2: Before issuing its policy of title insurance, this Company will require evidence, satisfactory to the Company, that THE IRVINE COMPANY (a) is validly formed on the date when documents in this transaction are to be signed; and (b) is in good standing and authorized to do business in the state or country where the corporation was formed. L NOTN NO. 3 if issuance of a policy or policies of title insurance other than the 1990 issue has been requested, the policy, when approved for issuance, Will be endorsed to add the following to the Exclusions From Coverage contained therein: Loan Policy Exclusion: Any claim, which arises out of the transaction creating the insured, the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws. Owner's Policy Exclusion: ' Any claim, which arises out of the transaction vesting in the insured, the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights ' laws. M NOTE NO. 4e WHEN T1118 TITLE ORDER CLOSES AND IF CHICAGO TITLE IS HANDLING LOAN PROCEEDS THROUGH SUS -ESCROW, ALL TITLE CHARGES AND EXPENSES NORMALLY BILLED, WILL BE DEDUCTED FROM THOSE LOAN PROCEEDS (TITLE CHARGES 11INE- CO. order No: 634330 Page 3 -a TEL Ho.7141- 0-2213 SCHEDULE,` B iar 9:20 Mo.001 F.05 AND EXPENSES WOULD INCLUDE TITLE PREMIUMS, ANY TAX OR BOND ADVANCES, DOCUMENTARY TRANSFER TAX AND RECORDING FEES, ETC.). N MS/sh H � Z m .17 . I s, W 63 vl' 8( V J 2 � � 9 m 49 - 27 r !I N. I-50 $ PAR. NO-)i- 1=: 3. CO AC POR. fD7 2 1 � F male: p 0, �— «, TRACT\✓' 0 12 t I 55.7E AC. 49 - 20 a � 1- Gi a0 �� 1z3 m .o>,. 120 D �' s<mir.'L a> CAS£—' �,..� I•,i Al d• 1z� Its 9sA N,i ,a a. s; L it y IS i� to6AC. Milt N E w p yo 129 It 440-E3 O G 19A SUPERIOR 11� �fr U IM No. I (16R• I (RM 7/90) Exhibit A to Preiiminmy Rcport I �$T A MERICA Preliminary Report First American Title Insurance Company I I ' EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 SCHEDULE B IXCEPPONS FROM COVERAGE is'icy does not insure against foss car damage (and the Company will not pay costs• attorneys' fees Of expenses) which arise by reason of Taxes or assessments which are not shown as existing Ifens by the records of any hang authority that levies laces or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notice of such proceedings. whether of not shown by the retards of such agency or by the public records 'Any facts, rights, interests at claims which ale not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. Easements. liens at encumbrances. or claims thereof, which are not shown by the public records. Discrepancies, canllicts in boundary lines, shortage in area. encroachments, or any other facts which a correct survey would disclose• and which are not shaven by the public records. (a) Unpalenled mining claims; (b) reservations car Meptions in Talents or in Acts authorizing the issuance thereof; (c) water lights, claims or blle to water, whether at not the matters excepted under (a). (b), Of (c) are shown by the public records. EXCLUSIONS FROM COVERAGE to owing matters are expressly excluded Imm The coverage of this policy and the Company roll not pay loss or damage, costs, attorneys' lees or expenses which arise by reason of use, at enjoyment Any law, ordinance or governmental regulation (Including but not limited to building and toning laws. ordinances, as regparelons)in ownership or alatin�g.gpe uratilln Iheidimensnits of acanthi the land car am Darcel al which he occupancy, at the land; (II) the chalacler, dimensions or location of any improvement now or banisher elected on the land; ( ) the land Is of was a pad: or (iv) environmental ptolecllon, or the effect of any violalion of these laws, ordinances or governmental regulations, except to the extent that a nollce of The enforcement thereof m a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records at Date of Policy. ') Any governmental police pawn net excluded by (a) above, except to The extent that a nollce of the exercise thereof or a nollce of a defect, lien or encumbrance resulting from a violation or allegedviolation affecting Me land has been recorded in the public records at Dale of Policy. Rights of eminent domain unless nollce of the exercise thereof has been recorded in the public records at Dale of Policy, bud not excluding from coverage any taking which has attuned prior to Dale of Pollry which would be binding on the sights of a purchaser for value wnthom knowledge. Defects, liens, encumbrances, adverse claims, or other mailers: whether or nol recorded in the public records at Date of Policy, but crated. sulfated, assumed or agreed to by The Insured claimant; (b) not known to the Company, not recorded in the public records at Dale of Policy, but known to the insured claimant and not disclosed in willing to the Company by the insured claimant prior to the dale the Insured claimant became an itrsured under this policy; ) d) i ) 21 3. 4. II resulting in no loss or damage to the Insured claimant attaching or crated subsequent to Date of Policy; or resulting In loss or damage which would not have been sustained it the insured claimant had paid value for the Insured mortgage or for the estate car interest termed by this policy. UneMaceabllity of the lien of the Insured mortgage because of the lability or [allure of the Insured at Dale of Policy, at the Inability or failure of any subsequent owns of the indehledness. to comply with the apPllceble 'doing business' laws of the state in which the land Is situated. Invalidity or unenfacability of the lien of the Insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and Is based upon usury car any ransomer credit protection or lath in lending law. Any claim, which arises out of the bansacllon vesting in the Insured the estate or Interest Insured by their policy or the transaction crating the Interest of the insured lender, by reason of the operation of federal bankuptcy, slate insolvency or similar creditors' lights laws. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B -1970 (AMENDED 4-6-90) SCHEDULE OF EXCLUSIONS FROM COVERAGE Any law, ordinance at governmental regulation (Including but not limited to building and toning ordinances) leshicling or regulating or prohibiling the occupancy, use or enjoyment of the land, or regutaling the d9racler, dimensions of location of any improvement now or hereafter erected on the land, or prohibiting a separation in wmership or a fldunion in the dimensions of area of the land, or the effect of any violation al any such law, ordinance at governmental regulation. Rights of eminent domain or governmental lights of police power unless nolice of the exercise at such rights appears in the public records at Dale at Policy. Defects. Ilea, encumbrances, adverse claims, or other maffels (a) created, suffered, assumed or agreed to by the Insured claimant; (b) not known to the Company and not shown by the public records but known to the Insured claimant eilller at Date al Polley or al the dale such claimant acquired an estate or Interest by this policy and not disclosed in writing by the Insured claimant to the Company prior to the dale such Insured claimant became an Insured hereunder, (c) resulting In no loss or damage to The Insured claimant (d) attaching or crated subsequent to Dale of Pointy; or (e) resulting in loss or damage which would not have been sustained if the Insured claimant had paid value for the estate of Interest Insured by this policy. Art/ claim, which arises out of the transaction vesling in the Insured The estate or Interest Insured by this policy, by reason at The operation al federal bankruptcy. slate insolvency, or similar aedilor5 lights laws. 3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B -1970 (AMENDED 4.6-90) WITH REGIONAL EXCEPTIONS jhe American land ille Assoclation policy Is used as a Slandard Coverage Policy and not as an Extended Coverage Policy the exclusions set IoM in paragraph 2 above are used and the following exceplions to coverage M the policy. SCHEDULE R policy does not Insure against lass or damage by reason at the matters shaven In parts one and two following: �Dmr: 1. Taxes a assessments which are not shown as easdng liens by the records of any lazing authority that levies taxes car assessments on cal property or by the public retards. Any facts, rights, Interests, or claims which ate not shown by the public records but which could be ascertained by an Inspection of said land at by making Inquiry of persons in possession Mateol. Easemats, claims al easement or encumbrances which are not shown by the public records. Discrepancies. conflicts In boundary lines, shortage in area, encroachments. or any other facts which a correct survey would disclose. and which are not shown by public retards. S. Unpalerded mining claims; mservalions Or exceptions in patents or In Acts authoidng the issuance Mereol, water lights. claims at Idle to water. iAny lien, or right to a Ilan, for Services. labor or material heretofore or heralter furnished, imposed by law and not shorn by The public records. J OR-1481767 ' FIRST AMERICAN TITLE INSURANCE COMPANY 114 EAST FIFTH STREET, (P.O. BOX 267) ' SANTA ANA, CALIFORNIA 92702 (714) 558-3211 ' IRVINE COMPANY 550 NEWPORT CENTER DRIVE '6TH FLOOR NEWPORT BEACH, CALIFORNIA 92660 ATTN: DAVE D'MOHOWSKI ' YOUR NO. (PARCEL IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, THIS COMPANY HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF THE POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF THE POLICY OR POLICIES ARE SET FORTH IN EXHIBIT A ATTACHED. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. ITHIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. DATED AS OF AUGUST 71 1990 AT 7:30 A.M. N CY J. N N - TITLE CER THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: THIS REPORT IS FOR DEDICATION PURPOSES ONLY - AMENDED DEDICATION REPORT FOR PROPOSED PARCEL MAP NO. PAGE 1 t I iI OR-1481767 ' TITLE TO THE ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: THE IRVINE COMPANY, A MICHIGAN CORPORATION. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: ' A FEE. AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1990-1991, A LIEN NOT YET PAYABLE. 2. 'THE LIEN OF SUPPLEMENTAL TAXES ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE. 3. COVENANTS, CONDITIONS AND RESTRICTIONS IN AN INSTRUMENT RECORDED OCTOBER 23, 1907 IN BOOK 157, PAGE 18, DEEDS, BUT DELETING RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN. NOTE: AFFECTS A PORTION OF PARCEL 2. 4. AN EASEMENT AS SET FORTH IN AN INSTRUMENT RECORDED FEBRUARY 15, 1928 IN BOOK 139, PAGE 47 OF OFFICIAL RECORDS, IN FAVOR OF: PACIFIC TELEPHONE AND TELEGRAPH COMPANY, FOR: UNDERGROUND CONDUITS AND INCIDENTAL PURPOSES. OVER: A PORTION OF PARCELS 1 AND 2. 5. RIGHTS OF WAY IN FAVOR OF LAGUNA BEACH COUNTY WATER DISTRICT, A CORPORATION, AS DISCLOSED BY DEED RECORDED NOVEMBER 30, 1928 IN BOOK 221, PAGE 76 OF OFFICIAL RECORDS, AND AS DISCLOSED ON THE MAP OF TRACT NO. 1125. NOTE: BY DEED RECORDED MARCH 31 1955 IN BOOK 2982, PAGE 1 OF OFFICIAL RECORDS, SAID RIGHTS OF WAY, PIPE LINES AND INCIDENTAL PURPOSES WERE CONVEYED TO THE CITY OF NEWPORT BEACH. ' 6. AN EASEMENT AS SET FORTH IN AN INSTRUMENT RECORDED JULY 26, 1941 IN BOOK 1102, PAGE 468 OF OFFICIAL RECORDS, IN FAVOR OF: CITY OF NEWPORT BEACH. OVER: A PORTION OF PARCEL 2. PAGE 2 I ' OR-1481767 ' 7. AN EASEMENT AS SET FORTH IN AN INSTRUMENT RECORDED DECEMBER 31, 1941 RECORDS, IN BOOK 1131, PAGE 10 OF OFFICIAL IN FAVOR OF: ORANGE COUNTY FLOOD CONTROL DISTRICT. FOR: DRAINAGE AND INCIDENTAL PURPOSES. OVER: A PORTION OF PARCEL 2. 8. AN EASEMENT AS SET FORTH IN AN INSTRUMENT RECORDED JULY 18, 1952 IN ' BOOK 2358, PAGE 401, OF OFFICIAL RECORDS, 6. IN FAVOR OF: COUNTY SANITATION DISTRICT NO. OVER: A PORTION OF PARCEL 2. 9. AN EASEMENT AS SET FORTH IN AN INSTRUMENT RECORDED JULY 18, 1952 IN BOOK 2358, PAGE 404, OF OFFICIAL RECORDS, IN FAVOR OF: COUNTY SANITATION DISTRICT NO. 6. OVER: A PORTION OF PARCEL 2. 10. AN EASEMENT AS SET FORTH IN AN INSTRUMENT RECORDED OCTOBER 21 1959 1 IN BOOK 4910, PAGE 598 OF OFFICIAL RECORDS, CORPORATION. IN FAVOR OF: NEWPORT BEACH, A MUNICIPAL FOR: PUBLIC ROAD AND INCIDENTAL PURPOSES. OVER: A PORTION OF PARCEL 1. 11. AN EASEMENT AS SET FORTH IN AN INSTRUMENT RECORDED NOVEMBER 70 1961 IN BOOK 5905, PAGE 276 OF OFFICIAL RECORDS, IN FAVOR OF: CITY OF NEWPORT BEACH. FOR: STREET, HIGHWAY AND INCIDENTAL PURPOSES. OVER: •A PORTION OF PARCEL 2, ' 12. AN EASEMENT AS SET FORTH IN AN INSTRUMENT RECORDED JANUARY 16, 1962 IN BOOK 5977, PAGE 258 OF OFFICIAL RECORDS, IN FAVOR OF: ORANGE COUNTY FLOOD CONTROL DISTRICT. ' FOR: UNDERGROUND STORM DRAIN AND INCIDENTAL PURPOSES. OVER: A PORTION OF PARCEL 1. 13. AN UNRECORDED LEASE, DATED DECEMBER 31, 1951, EXECUTED BY THE IRVINE COMPANY, A WEST VIRGINIA CORPORATION, AS LESSOR AND HEINZ KAISER, AS LESSEE, UPON THE TERMS, COVENANTS AND CONDITIONS CONTAINED THEREIN, AND EXTENDED BY AN AGREEMENT DATED APRIL 22, 1963, AS DISCLOSED BY AN ASSIGNMENT RECORDED JANUARY 14, 1964 IN BOOK 6883, PAGE 305 OF OFFICIAL RECORDS, WHICH PURPORTS TO ASSIGN THE LESSEE'S INTEREST IN SAID LEASE TO NEWPORT SHORESIDE COMPANY, A CALIFORNIA CORPORATION. NOTE: AFFECTS PARCEL 1. I 14. A PERPETUAL AVIGATION EASEMENT IN AND THROUGH THE AIR ABOVE THE HEREIN DESCRIBED AND OTHER LAND, AS CONVEYED TO THE COUNTY OF ORANGE BY THE IRVINE COMPANY, BY DEED RECORDED MARCH 17, 1964 IN BOOK 6965, PAGE PAGE 3 '1 I 1 OR-i481767 721 OF OFFICIAL RECORDS, AND THE TERMS AND CONDITIONS AS SET FORTH IN ' SAID DEED TO WHICH RECORD REFERENCE IS HEREBY MADE FOR ALL PARTICULARS. 15. AN EASEMENT AS SET FORTH IN AN INSTRUMENT RECORDED APRIL 13, 1967 IN BOOK 8224, PAGE 369 OF OFFICIAL RECORDS, IN FAVOR OF: CITY OF NEWPORT BEACH. FOR: STREET, HIGHWAY AND INCIDENTAL PURPOSES. OVER: A PORTION OF PARCEL 2. AND BICYCLE 16. A RELOCATABLE EASEMENT 10.00 FEET WIDE, FOR PEDESTRIAN TRAIL PURPOSES, AS SHOWN ON THE MAP OF SAID TRACT NO. 1125. PARCEL 2. NOTE: AFFECTS 17. A NON-EXCLUSIVE RELOCATABLE EASEMENT AS SET FORTH IN AN INSTRUMENT RECORDED APRIL 22, 1975 IN BOOK 11382, PAGE 1936 OF OFFICIAL RECORDS, IN FAVOR OF: THE CITY OF NEWPORT BEACH. FOR: PEDESTRIAN AND BICYCLE INGRESS AND EGRESS AND INCIDENTAL ' PURPOSES. OVER: A PORTION OF PARCEL 2. Cl I 1 I I I 18. A TEMPORARY CONSTRUCTION EASEMENT AS SET FORTH IN AN INSTRUMENT RECORDED JANUARY 18, 1979 IN BOOK 13004, PAGE 1192 OF OFFICIAL RECORDS, IN FAVOR OF: THE CITY OF NEWPORT BEACH. FOR: CONSCTRUCTION OF DOVER DRIVE AND INCIDENTAL PURPOSES. OVER: A PORTION OF PARCEL 1. 19. A TEMPORARY GRADING EASEMENT EASEMENT AS SET FORTH IN AN INSTRUMENT RECORDED JANUARY 18, 1979 IN BOOK 13639, PAGE 262 OF OFFICIAL RECORDS, IN FAVOR OF: THE CITY OF NEWPORT BEACH. FOR: EMBANKMENT SLOPES AND INCIDENTAL PURPOSES. OVER: A PORTION OF PARCELS 1 AND 2. 20. A TEMPORARY EASEMENT FOR GRADING PURPOSES, AS CONVEYED TO THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, BY FINAL ORDER OF CONDEMNATION RECORDED JUNE 18, 1980 IN BOOK 13639, PAGE 262 OF OFFICIAL RECORDS. NOTE: AFFECTS A PORTION OF PARCELS 1 AND 2. 21. A TEMPORARY CONSTRUCTION EASEMENT, AS CONVEYED TO THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, BY FINAL ORDER OF CONDEMNATION RECORDED DUNE 18, 1980 IN BOOK 13639, PAGE 262 OF OFFICIAL RECORDS. NOTE: AFFECTS A PORTION OF PARCEL 1. PAGE 4 II u I OR-1481767 22. A CLAIM OF LIEN RECORDED SEPTEMBER 22, 1989 AS INSTRUMENT NO. '89-510151 OF OFFICIAL RECORDS. LIEN CLAIMANT: CALIFORNIA ROOFERS SUPPLY. AMOUNT: 23. THIS REPORT IS PREPARATORY TO THE ISSUANCE OF A SUBDIVISION DIRECTLYIAND IT IS INTENDED - NVOLVEDSOLELY STHOSEE OF PARTIES IN THE PREPARATIONCHECKING ECKING OF SAID MAP. LY II II II II II �J 11 II II PAGE 5 II I I OR-1481767 ' DESCRIPTION THE LAND REFERRED TO IN I IS HE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY POFTSITUATED IT NEWPORT BEACH, AND IS DESCRIBED ' AS FOLLOWS: 'PROPOSED PARCEL MAP NO. , BEING A SUBDIVISION OF THE FOLLOWING: PARCEL 1: '0T I FTRACT NO. OF MI CELANEOUS�MAPS SHOWN AS R ORDS O ORANGE COUNTY, CALIFORN 7AND 8IA. I EXCEPTING THEREFROM, THOSE PORTIONS OF LOT 1 AS CONVEYED TO THE CITY OF NEPORT AND IN BOOKSTRUME13 04r,T AGE 1RECORD18D JABOTAHR 3004, OF OFFICIAL RECORDS. PARCEL 2: ALL OF LOT 2, TRACT NO. 1125, AS SHOWN ON MAP RECORDED IN BOOK 39, PAGES 7 AND 8, MISCELLANEOUS MAPS OF SAID COUNTY. EXCEPTING THEREFROM, THE FOLLOWING: (1) ALL OF TRACT NO. 1893, AS PER MAP RECORDED IN BOOK 104, PAGE 48, MISCELLANEOUS MAPS. (2) ALL OF TRACT NO. 1396, AS PER MAP RECORDED IN BOOK 104, PAGE 45 OF MISCELLANEOUS MAPS. ' (3) ALL OF TRACT NO. 4225, AS PER MAP RECORDED IN BOOK 153, PAGES 23 AND 24, MISCELLANEOUS MAPS- (4) ALL OF TRACT NO. 4224, AS PER MAP RECORDED IN BOOK 157, PAGES 1 TO 14, MISCELLANEOUS MAPS- (5) ALL OF TRACT NO. 9620, AS PER MAP RECORDED IN BOOK 432, PAGES 39 TO 41 OF MISCELLANEOUS MAPS- E 50 PARCEL (6) EXCEMAPSPTAND ASLIt AS CONVEYEDHOWN ON TO NEWPORTED IN BOOK 1, HARBOR LUTHERANGFCHURCH DEED RECORDED AUGUST 13, 1969 IN FEOK 9049, AGE 8011 D BRUARY 20, 1970 IN BOOK 222,PAGE 245,RECORDS OFAID COUNTY. 1 PAGE 6 1 OR-1481767 ' (7) ALSO EXCEPTING THAT PORTION OF LOT 2 AS CONVEYED TO THE CITY OF ' NEWPORT BEACH IN AN INSTRUMENT RECORDED JANUARY 18, 1979 IN BOOK 13004, PAGE 1187 OF OFFICIAL RECORDS. PARCEL 3: THAT PORTION OF LOT 165, BLOCK 43, OF IRVINE'S SUBDIVISION, AS SHOWN ON 'A MAP RECORDED IN BOOK 1, PAGE 88 OF MISCELLANEOUS RECORD MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, BOUNDED AS FOLLOWS: EASTERLY BY THAT PORTION OF THE WESTERLY LINE OF POLARIS DRIVE SHOWN AS HAVING A RADIUS OF 226.93 FEET ON THE MAP OF TRACT NO. 4224 RECORDED IN BOOK 157, PAGES 1 THROUGH 14 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY. NORTHERLY BY THE GENERAL SOUTHERLY LINE OF TRACT NO. 9620, AS SHOWN ON A MAP RECORDED IN BOOK 432, PAGES 39 THROUGH 41 INCLUSIVE OF SAID MISCELLANEOUS MAPS, AND SOUTHWESTERLY BY THE NORTHEASTERLY LINE OF LOT 2 OF TRACT NO. 1125, AS SHOWN ON A MAP RECORDED IN BOOK 39, PAGE 8 OF SAID MISCELLANEOUS MAPS. I 1 I I I NOTE 1: SAID PARCELS 1 AND 2 BOUNDED SOUTHEASTERLY BY THE LINE OF ORDINARY HIGH TIDE OF UPPER NEWPORT BAY, THENCE THE BOUNDARY LINE IS A CONSTANTLY CHANGING ONE, AND NO INSURANCE IS MADE AS TO THE AREA OF LAND AVAILABLE FOR USE; FURTHERMORE, NO INSURANCE IS MADE AS TO ANY PORTION THAT MAY LIE SEAWARD OF THE PRESENT LINE OF ORDINARY HIGH TIDE. NOTE 2: THE ABOVE LEGAL DESCRIPTION IS FOR THE SOLE PURPOSE OF THIS REPORT AND MAY NOT BE CONSIDERED FOR USE IN ANY POLICY OF TITLE INSURANCE TO BE ISSUED BY THIS COMPANY, AND IS SUBJECT TO CHANGE AT ANY TIME. LA NOTE 1: THE ONLY PARTY WHOSE SIGNATURE IS NECESSARY TO OFFER FOR DEDICATION ANY STREETS OR ALLEYS SHOWN ON THE MAP OF PROPOSED PARCEL MAP NO. , ARE AS FOLLOWS: THE IRVINE COMPANY, A MICHIGAN CORPORATION. PAGE 7 I I 1] ' OR-1481767 ' THE INTEREST OF: PACIFIC TELEPHONE AND TELEGRAPH CO., HOLDER OF EASEMENTS RECORDED IN BOOK 139, PAGE 47 OF OFFICIAL RECORDS; LAGUNA BEACH COUNTY WATER DISTRICT, HOLDER OF A RIGHT OF WAY RECORDED IN BOOK 221, PAGE 76 OF OFFICIAL RECORDS; ' THE CITY OF NEWPORT BEACH, HOLDER OF AN EASEMENT RECORDED IN BOOK 1102, PAGE 468 OF OFFICIAL RECORDS; ' THE ORANGE COUNTY FLOOD CONTROL DISTRICT, HOLDER OF EASEMENTS RECORDED IN BOOK 11311 PAGE 10, AND IN BOOK 5977 PAGE 258, BOTH OF OFFICIAL RECORDS; THE CITY OF NEWPORT BEACH, HOLDER OF EASEMENTS RECORDED IN BOOK 4910, PAGE 598; IN BOOK 5905, PAGE 276; IN BOOK 8224, PAGE 369; IN BOOK 11382, PAGE 1936; IN BOOK 13004, PAGE 1192; AND IN BOOK 13004, PAGE 1195 OF OFFICIAL RECORDS; THE COUNTY OF SANITATION DISTRICT NO. 61 HOLDER OF EASEMENTS RECORDED IN BOOK 2358, PAGE 401, AND IN BOOK 2358, PAGE 404, BOTH OF OFFICIAL RECORDS; ' THE COUNTY OF ORANGE, HOLDER OF AN EASEMENT RECORDED IN BOOK 6965, PAGE 721 OF OFFICIAL RECORDS; THE STATE OF CALIFORNIA, HOLDER OF EASEMENTS RECORDED IN BOOK 13639, PAGE 262 OF OFFICIAL RECORD. NEWPORT SHORESIDE COMPANY, A CALIFORNIA CORPORATION, LESSEE UNDER UNRECORDED LEASE DISCLOSED IN A DOCUMENT RECORDED IN BOOK 6883, PAGE 305 OF OFFICIAL RECORDS. MAY BE COVERED BY INDORSEMENT PURSUANT TO ARTICLE 66436 OF THE GOVERNMENT CODE. THE SUBDIVISION MAP ACT REQUIRES THAT DURING THE PERIOD OF MARCH 1 TO NOVEMBER 1 WHEN REAL PROPERTY TAXES ARE AN ASSESSED LIEN NOT YET DUE AND PAYABLE THAT A TAX BOND BE FILED WITH THE CLERK OF THE BOARD OF 'SUPERVISORS TO SECURE PAYMENT OF SAID TAXES, IN THIS REGARD THE AMOUNT OF THE TAX BOND IN FAVOR OF THE COUNTY OF ORANGE SHOULD BE DETERMINED AT A LATER DATE. 'ALL TAXES FOR THE FISCAL YEAR 1989-1990 MUST BE PAID IN FULL PRIOR TO PROCESSING SAID TRACT THROUGH GOVERNMENT AGENCIES. PAGE 8 OR-1481767 NOTE 2: THE ASSESSOR'S PARCEL NUMBERS FOR THE ABOVE MENTIONED LEGAL DESCRIPTION ARE 117-801-10 AND 117-801-12, COVERING THE HEREIN DESCRIBED AND OTHER LAND. COPIES TO: DULIN & BOYNTON SURVEYORS 729 EAST WILLOW STREET SIGNAL HILL, CALIFORNIA 90806 ATTN: DOUGLAS BOYNTON RE: P.M. 88-103 CITY OF NEWPORT BEACH 3300 NEWPORT AVENUE NEWPORT BEACH, CALIFORNIA ATTENTION: ENGINEERING DEPARTMENT RE: 88-103 . ORANGE COUNTY SURVEYORS PAGE ' NOTICE SECTION 12413.1 OF THE CALIFORNIA INSURANCE CODE, EFFECTIVE JANUARY 1, 19907 REQUIRES THAT ANY TITLE IN- SURANCE COMPANY, UNDERWRITTEN TITLE COMPANY,' OR CONTROLLED ESCROW COMPANY HANDLING FUNDS IN AN i i I I 1 I I ESCROW OR SUB -ESCROW CAPACITY, WAIT A SPECIFIED - NUMBER OF DAYS AFTER DEPOSITING FUNDS, BEFORE RE- CORDING ANY DOCUMENTS : IN , CONNECTION .:.WITH -'- THE TRANSACTION OR DISBURSING FUNDS.- ;,.THIS STATUTE ALLOWS FOR FUNDS DEPOSITED BY:WI1tE M .TRANSFER" TO' BE DISBURSED THE SAME DAY:AS_DEPOSIT INTHE CASE, OF.;GASH IER'S CHECKS OR CERTIFIED - CHECKS, }FUNDS MAY BE . DISBURSED THE NEXT DAY AFTER DEPOOSIT. � IN ORDER TO - . . THREE::'I'O / SEVEN DAYS ' OR AVOID UNNECESSARY DELAYS OF.. MORE, PLEASE USE WIRE TRANSFER, CASHIER'S CHECKS;' OR. CERTIFIED CHECKS WHENEVER POSSIBLE. r: IF YOU HAVE ANY. QUESTIONS :ABOUT THE EFFECT•:_OF THIS °- NEW LAW, PLEASE CONTACT YOUR LOCAL . FIRST`.:;AIVIERICAN .r OFFICE FOR MORE DETAILS.' :m No. 1068-F ' 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE (AMENDED 4.6.90) SCHEDULE OF EXCLUSIONS FROM COVERAGE ,. Any law, ordinance or governmental regulation (Including but not limited to bullding and zoning ordinances) restncting or regulating or pmhlbiling the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any Improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area at the land, or the effect of any violation of any such law ordinance or governmental regulation. Bights of eminent domain or governmental rights of police power unless notice at the exercise of such rights appears in The public records at Dale of Policy. Defects, tier, encumbrances, adverse claims, or other mallets (a) created, suffered, assumed or agreed to by the Insured claimant. (b) not (mown to the Company and not shown by the public records but known to the insured ctainant either at Date of Policy or at the dale such clalmanl acquired an estate or interest Insured by this policy or acquired the Insured mortgage and not disclosed in walling by the Insured claimant to the Company prim to the dale such Insured claimant became an Insured hereunder; (c) resulting In no loss or damage to the Insured claimant: (d) attaching or created subsequent To Date of Policy (except to the extent Insurance Is afforded herein as to any statutory lien for labor or material or to the extent Insurance is afforded herein as to assessments for street Improvements under construction or completed at Dale of Policy). Unenlorceabilily of the lien of the Insured mortgage because of failure of the Insured al Date of Policy or of any subsequent owner of the Indebtedness to comply with applicable'doing business' laws of the stale In which to land Is situated. Any claim, which arises out of the transaction creating the interest of the mortgagee Insured by this policy, by reason of The operation at federal bankruptcy, state insolvency, or similar credila5 tights laws. 5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1970 (AMENDED 4.6-90) WITH REGIONAL EXCEPTIONS the American land title Assoclalion tenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4 above are used and the following exceptions coverage appear In the policy SCHEDULE B 1policy does riot Insure against loss or damage by reason of the matters shown In pads one and two following: One. 1. Taxes or assessments which are not shown as existing Ilan by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Airy facts, tights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons In possession thereof. Easemenls, claims of easement or encumbrances which are not shown by the public retards. 4. Discrepancies, conflicts in boundary lines, shortage In area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. Unpainted mining claims; reservations a exceptions In patents or In Acts authorizing the Issuance therec ; water rights, claims or title to water. Any lien, a right to a lien, for semces, labor a material theretofore or haeaber f andshnd, Imposed by law and not drown by the public records 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1990 ' WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE following matters are expressly excluded ham the coverage of this policy and the Company will net pay loss or damage, costs, afforrheg fees of expenses which arise by reason of: (a) Any law, ordinance or govemmanlal regulation (Including but not limited to building and zoning laws, ordinances, or regulations) restr elin6, regulating, prohibiting or relating to (I) me occupancy, use, or enjoyment of the land, (IO the character, dimensions or location of any Improvement now a hereafter erected on the land, (III) a separation In ownership or a change in the dimenslons or area of the land or any parcel of which the lard is or was a pad; or (iv) environmental projection, or the effect of any violation of these laws, ordinances or governmental regulations, except to to extent that a notice of the enforcement thereat or a notice of a *feel, lien or encumbrance mulling from a vlolata t or alleged violation ateclin, the land has been recorded In tlro public recerds al Dale of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, Ilan or encumbrance resulting from a violagon a alleged violation affecting the land has been recorded in the public records at Dale of Policy. 2. Rights of eminent domain unless ratite of the exercise thereof has been recorded in the public records al Dale of Policy, but not excluding from coverage any taking which has occurred pilot to Dale of Policywidth would be binding on the right, of a purchaser for ,to without knowhirl Defects, liens, encumbrances, adverse claims or other matters, (a) created, suffered, assumed or agreed to by the Insured claimant; (b) not known to the Company, not recorded in to public records at Dale of Policy, but (mown to the Insured claimant and not disclosed in writing to the Company by Rie Insured claimant prior to the dale the Insured claimant became an insured under this policy; (c) resulting In no loss or damage to the Insured claimant; (d) atachlog or created subsequent to Dale of Polley (except to the extent that this policy Insures the priority of the lien of the Insured mortgage over any statutory lien for services; labor or material or the extend Insurance Is afforded herein as to assessments for street Improvements under construction at completed at dale of policy); or ' (a) resulting In lass or damage width would not have been sustained if the Insured claimant had paid value for the Insured mortgage. llnanforceablllty of the lien of the Insured mortgage because of the inability or failure of the insured at Dale of Policy, or the inability or failure of any subsequent owner of the Indebtedness, to comply with applicable 'doing business' laws of the stale In which the land is situated. 5. Invalidity or urtenforceabllity of Nor lien of the Insured mortgage, or claim thereof, which wises out of to transaction evidenced by the Insured mortgage and is based upon usury or airy consumer credit protection at hush In lending law. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the fien of the Insured mortgage) arising Imm an fmprmemenl or work related to the land which is contacted for and commenced subsequent to Dale of Policy and is sat financed In whole or in pad by proceeds al the indebtedness secured by the insured mortgage which at Date of Policy the Insured has advanced or Is obligated to advance. Any claim, which arises out of Bre to sacllan creating the interest of the mortgagee Insured by this policy, by reason of the operation of federal bankruptcy. stale Insolvency, or similar aedila5 lights laws 7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1990 WITH REGIONAL EXCEPTIONS the American land Title Association policy Is used as a Standard Coverage Policy and nol as an Extended Coverage Policy the exclusions set loth In paragraph 6 above are used and The followirp exceptions to coverage appear in the policy. I SCHEDULE B policy does pal Insure against loss or damage (and the Company will pal pay costs, attorneys' lees of expenses) which arise by reason of 1 Taxes a assessments which are riot shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property of by the public records Any [acts, rights, interests, or claims which are pal shown by the public records but which could be ascedained by an inspection at said land of by making Inquiry at persons in possession thereof. Easements, claims of easement or encumbrances which are nor shown by the public records. Discrepancies, conllicls in boundary fines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records 5 Unpatenled mining Claims. reservalions or exceptions in parents or In Acts authorizing the Issuance thereof; water tights, claims or Idle to wafer. Any lien, or right to a lien, for seMces, labor or material theretofore or hereafter furnished. Imposed by law and not shown by the public records B. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY -1990 EXCLUSIONS FROM COVERAGE ' fallowing mailers are expressly excluded from the coverage at this policy and the Company will not pay loss or damage, costs, attorneys' lees or expenses which arise by reason of 1 (a) Any law, ordinance of govenmental regulation (including but not limited to building and zoning laws, oromaces, or regulalions) resldcling, regulating, Prohibiting or relating to (1) the occupancy, use, or enjoyment of the land: (11) the character, dimensions or Imotion al any Improvement now or hereafter erected an the land, (III) a separation In ownership or a change In the dimensions m area of the land in any pleat al which the land is arras a pad, or (Iv) eovhonmenlal protection, at the effect of any vialahan of these laws, ordimr ces or governmental regulations, except to the extent that a notice of the enforcement thereat or a notice of a detect, lien or encumbrance resulting Item a violation or alleged violation affecting the land has been recorded In the public records at Dale of Policy. (b) Any governmental police power not excluded by (a) above, except to The extent that a notice of the exzmise thereof or a notice of a detect, lien of encumbrance resulting from a violation or alleged violation adocling fire land has been recorded In the public records at Dale of Policy. Rights at eminenl domaln unless notice of the exercise thereof has been recorded In the public records at Dale of Polley, but not excluding from coverage any taking which has occurred prior to Dale of Policy whlch would be binding on The rights of a purchaser for value without knowledge. Defects, (lens, a icumbances, adverse claims at other matters. (a) created, suffered, assumed or agreed to by the Insured claimanl; lb) not hewn To fire Company, not recorded In the public records at Dale of Policy. but brown to the Insured claimant and not disclosed in writing to the Company by the Insured claimant prior to the date Pre Insured claitnam became an Insured under this pollcy; (c) resulting In no loss or damage to the Insured claimant, (it) affaching or created subsequent to Date of Policy, or (a) resulting In loss of damage which would net have been sustained if the Insured claimant had paid value for the Insured mortgage. Any claim, which arises out of the transaction vesting In the insured the estate a Interest Insured by this Wlicy, by reason of the operation of federal banhuplcy, stale insolvency, or similar creditors' tights laws. 9. AMERICAN LAND TITLE ASSOCIATION OWNER POLICY -1990 WITH REGIONAL EXCEPTIONS When the American land Title Association policy Is used as a Standard Coverage Policy and nol as an Extended Coverage Policy Ile exclusions set forth in paragraph 8 above ore used and the following exceptions to coverage r In the policy. , SCHEDULE This policy does not Insure against loss a damage (and the Company will pal pay costs, attorneys' lees or expenses) which arise by reason of: Unit. Taxes or assessments which are not shown as existing liens by the records of any axing authority that levies taxes or assessments an real property or by the W611c records, Any facts, tights, Interests. or claims which are not shown by the public records but which could be ascmained by an Inspection of said land or by making inquiry at persons In possession thereof. 3 Easements, claims of easement of encumbrances which ate not sham by the public records. Discrepancies, conflicts in boundary litres, shortage In area, encroachments, or any other fads which a correct survey would disclose, and which are nor shown by public records Lhpalmled mining claims; reservations or exceptions in patens or in Acts authorizing the Issuance thereof; water tights, claims or Lille to water. Any Ill, or right to a lien, fa services, labor or material theretofore or hereafter tumished, Imposed by law and not shown by the public records. P 10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY -198T EXCLUSIONS i foe to the Exceptions In Schedule B. you are not Insured against loss, costs, allorntys'tees and expenses resulting from Governmental police power. and the existence or violation of any law or government regulation. This Includes building and zoning ordinances and also laws and regulalions concerning; . lend use • land division • improvements on the land • erwimmnental protection This exclusion does not apply to violations or The enforcement of these matters which appear In the public records at Policy Date. This exclusion does not ReWd IN zoning coverage described In hems 12 and 13 of Covered Title Risks The right to take the land by condemning It, unless• • a police of exercising the right appears in the public records an the Policy Date • the Taking happened pilot to the Policy Date and Is binding on you if you bought the land without hawing of The taking Title Risks, • that are created, allowed, or agreed to by you In the public retards • find are (mown to you, but not to us, on the Policy Dale - unless they appeared that result no Ions to you • Mal first affect your title order the Policy Dale -this does not limit the labor and material Ilan coverage In Item S of Covered Title Risks Fallue to pay value lot your title. 5 Lack of a right: • to any land outside The area specifically described and referred to in Item 3 of Schedule A. or • in streets alleys, or waterways that [ouch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks, H ' Ew�Ro CITY Or NEWPORT BEACH $ CALIFORNIA ?2UQ U city MU 1► VFoa��* MARINE DEPARTMENT 3300 Newport Blvd. 70 Newport Pier to+l s a-xuo APPROVAL IN CONCEPT 'APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required for permit Coast Regional Commission pursuant to California application to the South Administrative Code, Sections 13210 and 13211. General Description of Proposed Development:_:_ /Lrlu� - T/1.s ` ' Property Address: ' legal,Descriptionc City Harbor Permit Number: Applicant.�''� ' Applicant's Mailing Address: ' Applicant'-s Telephone Number: 'reviewed the plans for 'the foregoing development including: ' I have •The site plan, 'including any' roads and public access to ' 1, --2. general the shoreline. The grading'ples _ i£ any. intensity of use -proposed for each part of 3. The -general -us and in.the-application:., ._ the area covered 1 and find ::... ... .:._:.. :.. .. , . - ' They comply with the current -adopted Newport Beach dGeneral aPlant is Zoning Ordinance, Subdivision Ordinance, and any applicable specor precise plans or ' O That a variance or exception has been approved and is final. 1 L 1,7 CONC,a'': . copy of dny variance, exception, conditional use permit, or other issued 'pornit is attached together with all conditions of approval and all approved plans including approved tentative tract maps. On the basis of this finding, these plans are approved in concept and said approval has been written upon 'said plans, signed, and dated. Should Newport Beach adopt an ordinance deleting, amending, or adding to the Zoning Ordinance -or other regulations..in any manner that would affect the use 'of the property or. the design of a project located thereon, this approval in concept shall become null and void as of the effective date of this said ordinance. In accordance with the California Environmental Quality Act of 1970•, and state and local guidelines adopted thereunder, this development: 1 1 OIias been determined to be ministerial or categorically exempt. OIIas received a final Exemption Declaration or final Negative Declaration (copy attached). �tias received a Final Environmental Impact Report (copy attached). All discretionary approvals legally required of Newport Beach prior to issuance of a building permit.have been given -and are final. -The-development is not. subject to rejection in principal by Newport Beach unless a substantial change in it is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes, and regulations of Newport Beach. 1 Attachments: I D. Harshbarger marine Director By: Printp'd name and tit:.e."or igdividual signing 4 Date:�l%7� I 1 I 1 F t �Z XFFUCATifsl fOm 'AtrICYAL Im GDmC[r'1' N. ' cars W mOROmT m acme "171 rJ. Sm )react, eT we CITV or wEm PO" szA Asr: aQO It to Calif.rh1 a Coast Regional Commission pu ant application to the south Adnin1scratiVe Code, section 13210 and 13211. cEATE at ppl3iY OF [AM FOR T Lane [el Description of Proposed Development: DEVELO NENf OF A 71 SLIP MARINA IN A pIAWM Ca44INM Property Addreas: 300 DOJER DRIVE, pRviEvtrr pF74i L` �E. O I! i, ^.'F7'Gf fA' 1125 Zone; P� Legal Description: THE —,roo CCl1PhW (&w, ClS.IFC71NIA REMMTION 0"ANY) Applicant. ' Applicant's Mailing Address: 1137 BAYSME DRIVE COROM DEL MR. CA. 92705 or %MW A. Mr. (714) 759-0669 ' Applicant's Telephone Number: 1 W NOT CONPI.ETE APPLICATION 8EIA4; TNIS LINE I have reviewed the plans for the foregoing development including: r and access to the 1. The general site plan, including any roads public shoreline. 1. The grading plan, if Any. 3. The general uses and intensity of use proposed for each part of the area covered In the application; �! and find c They comply with the current adopted City of Newport Beach General Plan. / zoning Ordinance, subdivision Ordinance, and any applicable specific or fi 1 precise plans or is final. o That a veeeance or �Aep[Io men had been approved and (� A copy of any variance, exception, conditional use permit, or other issued is together with all conditions of approval and all approved permit attached plans including approved tentative tract maps. On the basis of this finding, these plans are approved in concept, And said approval has been written upon said plans, signed and dated. Should this City adopt an ordinance deleting, amending, or adding to the Zoning Ordinance or other regulations in any manner that would effect the use of the property or the design of a project located thereon, this approval in concept shell become null and void as of the effective date of this said ordinance. In accordance with the California Environmental Quality Act of 1970, and state a and local guidelines adopted thereunder, this development: o Has been determined to be ministerial or categorically exempt. QQ o received a final Exemption Declaration or final Negative \�E Lracion (copy attached). o He4-1 d a final Environmental impact Report (copy attached). All dish,�gionary ap l leqally required of this City prior to issuance of a , final. The development is not subject }jping -jiiy have ���666���666en given and are ih ,lSEinelpal by this City unless A substantial change in it 1s to (�,.ction prop.a.d Fiyp ,_i7c' . This concept 0&rpyA, in no way excuses the applicant from complying with all Applicable poolnliic�cdltiAArtl inancea, codes, and regulations of this City. 1 Date: 5 '<V Z PLANNING DEPARTMENT JNfEs D. HEAICXER, Director �1 Atttt�achment 1..l.0✓NG/I M�J BY��--d�/-A-�QY—,YIA/'li, /�No (� 3 r ' NOiE: ou ding permit will be issued until approval is received from S.C.R.C. IZ-n35 n 1.! _ f, �• : -: t'i'li•,• ,till• k.L7 L.L (10 , � �r•" 'uj LO MARINE NPA SCALE. Lis CRY xllu smoawrDffrah..KwpcilT BEACK CA Oft ` PROJECT';NUMB5R `.'J':'' ,,`Q� DATE: F E B 18, _9 DRAWINC.NUMBER., , . ;,•s ' fi' `ITY OF NMORT BEACH �; 1 nlElrrEs ' COUNCIL MaMM ��� �� 24, 1992 It�EX February ' ROLL au indicated that a resolution It was also be forthcoming to the Council in would two to four weeks, establishing the an Ad-Hoc plli as then budget amendment for the ec omic feasibility study. The bscience. substitute motion was .11 Ayes voted and carried. t g, ORDIHANC FOE ADOPTION: L, proposed 0 C6 N0. 92-2 being, Ord 92-2Zoning/ ' AN ORDINANCE 0 THE CITY COUNCIL OF THE CITY OF NEWPORT CH AMENDING TITLE 20 Establishm OF THE NEWPORT E MUNICIPAL CODE, SO (94/27) AS TO ESTABLISH SP IFIa PEOVISIONS FOR TION OF MASSAGE THE LINEATION AND O ESTABLISHMENTS THE CITY or III ' WWPOR BEACH [ COMMISSION AMENDMENT No. 742I.' Recycled report dated .Pebru 1Q, 1992 from the Planning Department. The City Manager summarized the oposed in the staff ordinance as enumerated a sup on di lay ' report, and referenced showing the arena where etas Be within t e establishments are permitted to securing a use permit. City, subject Notion was made to adopt Ordinance No. o tion x 92-2. All Ayes - 2. Proposed ORDINANCE N0. 91-48 being. Ord 91-48 Castaways AN ORDINANCE OF THE CITY COUNCIL Marina OF THE CITY OF NEWPORT BEACH Zoning ADOPTING PLANNED COMMUNITY DISTRICT REGULATIONS AND (94) DEVEIUFNENT PLAN FOR THE CASTAWAYS MARINA [PLANNING COMMISSION AMENDMENT No. 743 - REQUEST OF THE IEVIM Report from the Planning Department. ' It was noted that the proposed ordinance seta forth the application procedures P-C, and describes the required for a components of the P-C Development Plan. The applicant has substantially revised ' the proposal to lower the number of the actions pcouncil, the�city and February lOtn included certification of EIR No. 138, and approval of a Traffic Study and ' ResubdivLsion. In response to question raised by disposal Council Member Hart regarding of dredging materials, the staff noted ' that they shall be carried out in accordahe ons of tto with heand obeeisubject" Grading ordinancece approval of the Building and Planning Departments. - ' ,Eocion x Notion wax made to adopt Ordinance No. 91-48. All Ayes ' Volume 46 - Page 61 t,�ITY OF NEIVPORT BEACH I. COSTIHOBD DYSINESS: 1. Letter from Nevport Beech Aquntica Club raqueating PinamcLai Booetar BOR RIGS aistsuca for KNEW RTv HARBOR POOL cled L re ort dated February 10, 1992 from the Bu at Committee. tywasark ed that agenda printed, letter was receive from Jim de Boom regarding the subject equest. It was not d by Mayor Pro Tam Turner, lotion x Membez of th Budget Committee, that the al Ayes City has air dy funded this project in the amount o $155,000. He gave an overview of is findings' of the 'partially const cted building upon his • visit to the xi , and in conclusion, made a motion to prove a loan in the amount of $14,000 t be paid back to the City aver a three ye r period. It was indicated by at £f that a budget amendment and agreement would be on the next agenda for approval J. CURRENT BDSn=s: 1. BICYCLE TRAILS CITIZENS ADVISORY comll'rM VACANCY. ;otion x Accepted with regret the Me tion letter from Chad Napier, and defe ad to .11 Ayes March 9, 1992, (District 6) yor • Sansuea-z appointment to fill the unexpired term ending December 31, 1 2. Nesting adjourned at 8.25 p.m. * * * * * * * * * * * * * The agenda for thin melting vas posted on February 20, 1992 at 8:30 a.m., on the City Hall Bulletin Board located outaide of the City of Newport Beach Volume 46 - Page 62 HIr M Npt Harbor High Schl Pool Bldg/ PB&R (62). BT/CAC (24) ^' "^ CYTY OF NEWPORT BEACH POSTED 3300 Newpdit Boulevard - P.O. Box 1769 Newport Beach, CA 92659.1768 F E 2 11 199Z GARYL.GRANYI'�, , NOTICE OF DETERMINATIONGARYL,G,co ntyClerk O rti o 1wningland Research From: City of Newport Beach DEPUTY ❑ Sacramento, CA 95814 New 1400 Tenth Street, Room 121 33Planning Department 00Newport Boulevard - P.O. Box 1768 X Newport Beach, CA 92659-1768 County Clerk, County of Orange (Orange County) Public Services Division x P.O. Box 838 Date received for filing at OPR: Santa Ana, CA 92702 Subject: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. NatneofProject: Castaways Marina State Clearinghouse Number. • Lead Agency Contact Person: Telephone No.: 88081016 Patricia Temple 714 / 644-3225 Project Location: 300 Dover Drive, Newport Beach, CA; Northeasterly corner of Coast Hwy & Project Description: 71 slip commercial marina This is to advise that the City of Newport Beach has approved the above described project on February 10, 1992 and has made the following determinations regarding the above described project: I (Date) 1. The project ® will ❑ will not have a significant effect on the environment. 2, ® An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. ❑ A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures 0 were ❑ were not made a condition of the approval of the project. 4. A Statement of Overriding Considerations C-lx was ❑ was not adopted for this project. 5. Findings ® were ❑ were not made pursuant to the provisions of CEQA. - r. ,; _ 7 The final EIR or Negative Declaration and record of project approval is available for review at the Planning Depart- ment of the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, CA 97r1519-176i,7hU,1419E2 r. February 11 1992 Advance Planning Manager Signature Date, 711le Rcviacd 11-91 �.,)JTY OF NEWPORT BEACH COUNCIL WaM REGULAR COUNCIL MEETING PLACE: Council Chamber* AMO �-f\\ TIME: 7:00 P.M. DATE: Febraa.M 10, 1992 ?resent I x I x tion 11 Ayes lotion \il Ayes r x x x x A. ROLL CALL. r B. Reading Of Minutes of Adjourned Meetings 24 and 25; Adjourned and of Jaawary gegnlar Meetings of January 27, and °ea Adjourned Meetings of =mad written, 1992. eras hived, pp and ordered filed. x C. full Of AllOrdinances"a resolutions waived, and City Clerk was directed to read by titles only- D. HEARINGS: 1. Mayor Sansone opened the contined public hearing regarding p pu ORDINANCE. being. AN ORDINANCE OP THE CITY COUNCIL Op THE CITY. OF NEWPORT BEACH AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE, SO AS TO ESTABLISH SPECIFIC PROVISIONS FOR - THE LOCATION AND OPERATION OF IN THE CITY OF NEWPORT�CSHttP�ING COMMISSION AMENDMENT No. 742). Report from the Planning Department. Signed petition: with signatures of businesses who nobjection t he continued open tion ofthehangri 1A Spa at 4320 Campus -Drive. It was noted that at the January 13. 1992 City Council meeting, this item•vas continued pending further study of the proposed amendment. The Council directed staff to meet with William J. Eopany, an attorney representing several in massage establishments, as well as other interested operators of diacuasing this matt r with Mr. Eopeny and various massage establishment operators, and reviewing other uses that are permitted in the M-1-A District, the ,setablishmentsOffice has acalso andad City that message permitted in the M-L-A District, subject The to the securing of a use permit. proposed ordinance has been revised accordingly, and now reflects that 1N A message -A in the 1 in the D.C. 0-1, zones. Forty of the forty-three maasege establishments in the City fall into the above zones. The three message not in the subject zones era located in the Cannery village/ :to McFadden Square area. Tha use permit fee for these mass*ga stabIts twants will be $200. and would apply to all existing businesses that applied for the use permit on or before January 1, 1993. unless said period is extended by the Planning Commission. Volume 46 - Pope 43 WHITES 742 t; 3I TY OF NEWPORT BEACH , CO CIL rII93M >Iotion Ali Ayes I February 10, 1992 Paul Musser, Governmental Relations Chairman, American Massage Therapy Association, addressed the COunci indicating he felt further clarificati of the proposed ordinance was nee d prior to Council action, and sugge ad the document be tabled. 7ohn Slack, owner of A Place to elar, addressed the Council in sup ort of including ordinance thebut l Also e to rin t proposed red the Council defer action until re massage . therapists had an opport ty to give their input. The City Attorney CO sited that his office has conducts at least two general meetings v th all current massage operators 11 nsed with the City regarding the roposed ordinance amendments. This ssus has also been before Cho Plann g Commission and City Council on two aparats oceasions. He stated he is c cernad that some people feel there is a "hidden agenda" on the Part of the ityy with respect to this subject, w ch is totally false. Tha proposed dinance was prepared over a period o seven months with input from those i the massage therapy business. Lonna mith, owner of Shangri Id Spa at 4320 ampus Drive, addressed the Council in upport of the proposed ordinance i smuch as her business will be allowed remain in the M-1-A zone. Hesiring no others wishing to council, the public hearing was address closed. Notion was made to Introduce ORDINANCE N0. 92-2, and pass to second reading on February 24, 1992, 2. Mayor Sansone opened the continued public hearing regarding. A. proposed ORDINANCE 110. 91-48, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING PLANNED COMMUNITY DISTRICT REGULATIONS AND DEVELDPMEIM PLAN FOR TEE CASTAVATS MARINA; AND TDM ACCEPTANCE OF AN mTVMQLAENLOG COMMISSION �TAMEND10II7W No. 74AL DOCUMENT P 3) [REQUEST OF TEX xEvnM COMPANY]; AND S. TRAFFIC STUDY ED. 00 - A request to approve a traffic study so as to permit the construction of a 71 slip marina with support parking and accessory facilities in the Castaways Marina Planned Cammmity; A1717D Volume 46 - Po0a,44 HIWTM Zoning Ird 92-2 )rd 91-48 Trfe Stdy No. 80 UCITY OF NEWPORT BEACH CW CIL MMM I I 11 H February 10, 1992 C. next to4creategone parcel20£ I= for marina development in the castawaCommunity. Property Planneds Marina y located at 300 Dover Drive, on the northeasterly corner of Dover Drive and Vest Coast Highway on the Castaways property. Report from the Planning Department. ositio totethe project: Mrs. T BV. Beliakofft, Judith J. Hastings, Maureen Shrubsole, Alan Elizabeth Blum, illman, Dean and Meredith MDexter, Continental Coach Corp employees: Richard D. Orellano, Traci Matthews, Xelly Barloza, Rennie Perkins, Dennis Guadau, and Danny Aguinlin, Pete DeSSmone, Terry Motile -Sanders, Thomas Viessler, Elliott: C. Mercer, Bill Griffin, Liza Fransen Boehm, Sheila K. Heathery, Darrell L. Creamer, Mary M- Kessler, and Virginia Kvinge. The City Clerk advised that after the agenda vas printed, a report was received from h Quality Citizens Advisory Committee t regarding the proposed project. Ed Power, President, California Recreation Company, representing The Irvine Company, addressed the Council and introduced Jerry Xing, Consultant, who gave an overview of the proposed Castavay3 Marina. Mr. King stated that the proposed marina vill consist of 71 boat Ali a, the required ecssiatls.ublicacend public viewingareaall of which were part of the original marine. Theyy as this marina, as presented, vi11 provide for the interest of all of those individuals concerned, and will represent the interests expressed by the City Council, As well as the mitigation measures required by the Coastal Commission. He referenced a document dated Fabxuary 3, 1992, "A Summary of the Revised Draft Biological Mitigation Plan for the as of Hudflat and Shallow Subtidal Mnbitat,e as well is an accompanying aerial view of the proposed marina and surrounding areas. under the proposed-71 boat slip marina design, in -bay dredging will remove a total of 0.55 acres of wildlife habitat. This loss will be mitigated by the restoration of 2.09 acres of degraded habitat on Shellmaker Island. This restoration effort will compensate for in -bay habitat loss associated with the Castaways Marina project at a mitigation ratio of 3.8 to 1. Volume 46 - Page 45 MIRM 972 I COWCIL KHM 'J 1 LI H I 1 I.J %P y OF NEwpORT BEACH l: > mMES February 10. 1992 In response to questions raised by Council Member Cor, Mr. Ring stated that the site for the proposed marina is privately owned by The Irvine Company, and the now marina will have fewer boat a lips than the orippginal marina. He also for ified the hPIo os d mitigation plan Patricia L. Temple, savance chis paa,.....,a Manager, lest before ttated he City $Council, acre concerns were raised as to the portrayal of not yet adopted harbor lines on the exhibits for this project. This issue f when the designs of the concern =Tin& shoved slips very close to potent-LAI new harbor lines. ,Since the marina proposal now shows all slipa within the upland owned by The Irvine Company, the issue of proximity to otential harbor lines is not important, and it is therefore suggested that if the revised; proposal is approved by the City Council, the following revisions be made:' 1) Delete A-ll£he resolution ex iot tmeasure 66 (page exhibit); and 2) Revise the marina layout exhibit included in the P-C test to eliminate the proposed 200 foot wide setback accesschannel (handwritten page 46). In response to question raised regarding removal of dredge spoils, Ms. Temple replied that the EIR provided for removal to Off -Shore Disposal in L.A. No. 3, to Co otpe Canyon landfill, or other also inmdic t dispysaM locations.that Iwas t commercial streeet$ would be used for ...e.00rtina the dredge spoils out of The following persons addressed the Council in support of the revised project: Star LW11G Edwin k Robinson, 1007Hom1 Nottingham Road Carl Xymla, 1800 Sabrina Terrace Rdward Lund,704 Orchid Avenue Richard Dammar, 2812 Cliff Drive Daniel Parsons, 518.1/2 Marigold Avenue, addressed the Council and stated he rows frequently Sn Back Bay and supports minimal development In the area. Me also suggastsd that there be increased anforeement of speed limits, etc., in the area due to the number of boaters using the Bay. ress the Roaring council,no no clae the publicsg to hearing was closed. Volume 46 - Pago 46 :astaways farina/ zoning 1 CW CIL riME otion cl Ay as 'CITY OF NEWPORT BEACH1 MINIIES February 10. 1992 Notion "a made to: Castaways Narim/ (a) Resolutionapproving 92-15 accepting and Environmental Resng 92-15 certifying Final Impact Report No. 138; , (b) withiraa In Statement of Facts ttto ivImpaed ct theniFinalt •Enviro=cnt&lacts Report: (a) Find that the facts set forth in the Statement of Cvarriding Considerations Ora true and are supported by substantial evidence I, the record, including the Final , Environmental Impact Report; (d) With respect he roect.theFinal find uto s that will result if the project is approved, the mitigation measures identified shall be incorporated into the project, and all significant environmental effects that can feasibly be mitigated or avoided have been eliminated or reduced to an acceptable level, and that the remaining unavoidable a ignifLeant effects, when balanced against the £acts set forth in the Statement of overriding (a) end pass toduce oseecond eadingdf—ca No. -4on February 24, 1992; and (f) Sustain the action approving a modified plan and appprove Traffic Study No. SO and Resubdivision No. 972. Council Member Watt indicated her an. going concern relative to discharge into the Condition No,32 wlanguage and anipbasized the which states as follows: "For the life of the project, the project applicant shall provide each marina tenant with information regarding procedures for notifying appropriate authorities regarding spills of hazardous materials, containment measures, and applicable penalties for violations as a part of lease materials." Volume 46 - Page 47 lotion .11 Ayes COINCIL KME xl i?1ITY OF NEWPORT BEACH V miNiTE9 February 10, 1992 6. POBLIC COMMENTS: Council Member Hedges read a letter without comment which had appeared in entitled g"Progreiss iCounty n thetSchoole�^aper P. CONSENT CALMIDAII: The folloving actions vary taken, ernept or those items removed: 1. ORDINANCES POR INTRODUCTION: None. 2. RUOLD'lIONS FOR ADOPTION: - (a) Resolution No. 92-16 au boririm the purchase of Emergen y Vehicil vre-emotion (EVE) equip ent at th. 3. CONTRACTS/AGREEIIEHTS: (a) (emmoved to�gen Item C 2ondar for efer Council action) (b) Avard GOH1Rj D. 2866 Vol BAIMA PENINSE dHD BALBOA ISLAND ALIXT REPLACEMENT PROGRAMS. GOLLINS AVENUE STO DRAIN. 33RD AND 34TH a emn neaTR RRPLACEMPBI t0 (c) Avard ONTRACT NO. 2879-B FOR UND OIL® UTILITY RELOCATION ENEWPO YP ION BRACH VT=TIES I to YYAAs1 Pao is Got oration, Inc., in the amo t of $107,108, [Report from th Public Works Department] (d) rave ACRmoa�_!f to provide and 1ntain OUSINC CARDINO TRACT ABLE H No. 12105. [Report from the City Attorney] (a) Approve recommendation by the City Attorney for minor Amendments to CONTRACT No. 2823 - LIBRARY EICNANGE AGRVOrBHT. [Report from the City Attorney] CORMONICATIONS - For referral as indicated: (a) To Planning Department for reply, request from Yuretta Lorman, Santa for Ana tin the City of NOVOGrewport Beach SPHERE OF INFLURNCE FOR ANNEXATION. volume 46 - Page 48 I Veh Pnsla/ Is Aly m/Col- Ave /34th Strm Yrd 12105 Cc s COUNCIL MEMBERS All Ayes ^ CITY OF NEWPORT BEACH MINUTES January 13, 1992 their operation being referred to as a Planning/ "massage parlor" rather than a "massage Zoning astablishmant;" that the N-I-A zoning Massage should be placed in the Ordinance as a a itlmate location for massage tablishmants; and urged the Council to u old the decision of the Planning Co itsion and not adopt the proposed Ord! nee as presented. Hichael Epstein, President, American Massageaddressed elapyin s Goun opposition the proposed 0 inanca. He said he has ,pent a grea deal ofmoney to get his adueation in sage therapy and resents the we in whi he in being treated, including the g ahota and finger printingg required. He stated he has over 1,000 hours ae massaga therapist and considers hlmsel s professional at helping people fee better about themselves. John Black, owner 'of A P1 as to Relax, addressed the Connell and a red he felt there should be a clearer stinction between the definition o "adult entertainment people" and "health the directed people" in p posed Ordinance. He felt that by ding specific language clarifying the tw it d would be easier for the City to get of prostitution. Me staced ha would happy to work with staff on revisions to the proposed Ordinance. The motion "a voted on and carried. Mayor Sansone opened the public hearing Ord 91-48 Zoning/ regarding, Castaways A. Proposed ORDINANCE NO. 91-48, Marina being, (94) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEHPOLT BEACH ADOPTINQ CO DISTRICT REECDULLATIONSMMUNITY AND DEFELOPMENi' PLAN FOR THE CASTAWAYS HABIIIA; AND THE ACCEPTANCE OF AN ENVIRONMENTAL DOCUMENT (PLANNING COMMISSION AESNBXM NO. 743) ICA 743. request of The Irvine Company; ' AND B. TRAFFIC STUDY NO. 80 - A request Trfc Stud to approve a traffic study so As 80 , to permit the construction of a 125 slip marina with support parking and accessory facilities in the Castaways Marina Planned Community; AND Volume 46 - Pago 13 I CITY OF NEWPORT BEACH HINJTES CWCIL tDMEM 13, 1992 IND( S CH1 at Resub 972 LL C. ND-9 qq landufor CSoSoreeteSone o! in the ' marina development Marina Planned Castavaya PTDrive, located 30D Dover the corner northeasterly er ay st C ast Highway eon Dri and Ne the Castaways property. Report from the Planning Department. City clerkaha t after the printadv agenda was letter was from Edward Power, President, received California Recreation Co., requesting be for four weeks, this item continued i of t i extensionof is oa timer willhair enable t em to balanced project. In addition, the City Clerk advised that npprorfm ition to thetexoject aare fter received in op agenda vas printed, an three letters in support. ede to continue Notiiq was .10 phis1992 bias .ion x hearoLOS to Pebrus -rngvested,-but in addition, that staff 1 Ayes elerify_ the placement of the bulkhead this 11ne, amd the piarboad Lima when LpcX. ip. r.4.tvrned. Mayor Sansone opened the public hearing REDUCTION AND RECYCLING regarding SOURCE gigygET (EREE), AND ACCEPTANCE CP NEGATIVE DEMARATION. R ort from General Services Director. It es noted that the SRRE Plan nts goals and actions to achieve xepre the 25 and 509 divers goals, and that som of the actions proposed in the been completed documents ave already during the east year. other programs in the source r uction, public education, be included in and other the are will the 1992-93 p oposed budget of the General service 9 partment. the SHon Council, RE approval by the C ea County etef£e to become pbrttted of the SREE which is due by 94. In response to quests raised by Council Member Sedges slative to meeting the 25% and 50% Sea , inasmuch their as many residents are recyc ng own aluminum cans, newspaper, a., the General Services Director raspon d that only with it is a concern not residential waste, but Gomm Trioe n veil, and As A result, Y re the e currently taking steps to document materials that are already diverted fro the waste stream. It is also a common complaint from the waste haulers. Heathering no alsowishingto hearing ryas Council,1e the closed. Volume AS - Page 14 ieReTa1 service/ Recycling (44) 1 / RESOLUTION NO. r' A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF NEWPORT BEACH CERTIFYING AS COMPLETE AND FINALADEQUATE THE ENVIRONMENTAL IMPACT REPORT NO. 138FOR ECASTAWA S MARINA PROJECT WHEREAS, the Draft Environmental Impact Report No. 138 provided environmental impact assessment for the proposed Castaways Marina Project; and ' WHEREAS, the DEIR was prepared in accordance with the California ' Environmental Quality Act (CEQA), the State CEQA Guidelines and Council Policy K-3; and WHEREAS, the DEIR was circulated to the public for comment and review; and WHEREAS, written comments were received from the public during and after the review period; and ' WHEREAS, the Planning Commission of the City of Newport Beach conducted a public hearing to receive public testimony with respect to the DEIR; and ' WHEREAS, such comments and testimony were responded to through Response to Comments and staff reports submitted to the Planning Commission and City Council; and WHEREAS, such comments and testimony were fully and adequately responded to in the manner set forth in California Administrative Code Section 15088 (b); and WHEREAS, the Planning Commission of the City of Newport Beach has reviewed all environmental documents comprising the EIR and has found that the EIR considers all environmental impacts of the proposed Castaways Marina Project completely and adequately and fully complies with all requirements of CEQA and the CEQA Guidelines; and WHEREAS, the City Council has reviewed and considered the information contained in the certified final EIR in making its decision on the proposed Balboa Bay Club Expansion and Remodeling Project; and ' 1 I I I I WHEREAS, the City Council desires to approve the project; and WHEREAS, the City Council by this Resolution adopts the Statement of Facts and Statement of overriding Considerations as required by Sections 15091 and 15093 of the State CEQA Guidelines; and WHEREAS, Section 21002.1 of CEQA and Section 15091 of the State CEQA Guidelines require that the City Council make one or more of the following Findings prior to the approval of a project for which an EIR has been completed, identifying one or more significant effects of the project, along with Statements of Facts supporting each Finding: FINDING 1- rhanges or alterations have been required in, or incorporated into, the projec which mitigate or avoid the significant environmental effects thereof as identifed in the EIR. FINDING 2 - Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the Finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. FINDING 3 - Specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the EIR; and _ WHEREAS, Section 15092 provides that the City shall not decide to approve or carry out a project for which an EIR was prepared unless it has (A) Eliminated or substantially lessened all significant effects on the environment where feasible as shown in the findings under Section 15091, and (E) Determined that any remaining significant effects on the environment found to be unavoidable under Section 15091 are acceptable due to overriding concerns as described in Section 15093; and WHEREAS, Section 15093 (a) of the State CEQA Guidelines requires the City Council to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project; and WHEREAS, Section 15903 (b) of the State CEQA Guidelines requires, where the decision of the City Council allows, the occurrence of significant effects which are identified in the EIR but are not mitigated, the City must state in writing the reasons to support its action based on the EIR or other information in the record. 6 I NOW, THEREFORE, BE IT RESOLVED by the City Council of the City 1 of Newport Beach that: 1. The City Council makes the Findings contained in the Statement of 1 Facts with respect to significant impacts identified in the Final EIR, together with the Finding that each fact in support of the Finding is true and based upon substantial evidence 1 in the record, including the Final EIR. The Statement of Facts is attached'hereto as Exhibit t and incorporated herein by this reference as if fully set forth. 1 2. The City Council finds that the Facts set forth in the Statement of Overriding Considerations are true and supported by substantial evidence in the record, 1 including • : Final EIR. The Statement of Overriding Considerations is attached hereto as Exhibit 2 t id incorporated herein by this reference as if fully set forth. 1 3. The City Council finds that the Final EIR has identified all significant environmental effects of the project and that there are no known potential environmental 1 impacts not addressed in the Final EIR. 4. The City Council finds that all significant effects of the project are set 1 forth in the Statement of Facts. 5. The City Council finds that although the Final EIR identifies certain significant environmental effects that will result if the project is approved, all significant effects that can be feasibly avoided or mitigated have been avoided or mitigated by the 1 imposition of Conditions on the approved project and the imposition of mitigation measures as set forth in the Statement of Facts and the Final EIR and enforced by the mitigation ' monitoring program. 6. The City Council finds that potential mitigation measures and project 1 alternatives not incorporated into the project were rejected as infeasible, based upon specific economic, social and other considerations as set forth in the Statement of Facts and the 1 Final EIR. 7. The City Council finds that the unavoidable significant impact of the 1 project, as identified in the Statement of Facts, that has not been reduced to a level of insignificance has been substantially reduced in impact by the imposition of Conditions on 1 the approved project and the imposition of mitigation measures. The City Council rinds that 1 3 1 .7 1 J the remaining unavoidable significant impact is clearly outweighed by the economic, social and other benefits of the project, as set forth in the Statement of overriding Considerations. g. The City Council finds that the Final EIR has described all reasonable to the project that could feasibly attain the basic objectives of the project, even ' alternatives when those alternatives might impede the attainment of other project objectives and might be more costly. Further, the City Council finds that a good faith effort was made to ' incorporate alternatives in the preparation of the draft EIR and all reasonable alternatives were considered in the review process of the Final EIR and ultimate decisions on the ' project 9. The City Council fords that the project should be approved as modified ' by the design alte, ,alive described in the Statement Facts and Findings, and that any alternative to this action should not be approved for the project based on the information ' in the Final EIR the data contained in the Statement of Facts and for the reasons contained ' stated in the public record and those contained in the Statement of Overriding Considerations. 10. The City Council finds that a good faith effort,has been made to seek out and incorporate all points of view in the preparation of the Draft and Final EIR as indicated in the public record on the project, including the Final EIR ' 11. The CityCouncil finds that during the public hearing process on the Castaways Marina Project, the Environmental Impact Report evaluated a range of ' alternatives. The project, as approved by this action, is included in that range of alternatives, and incorporates two of the design alternatives into the approved project. The ' City Council has considered the recommendation of the Planning Commission in its decision on the project NOW, THEREFORE, BE Pf RESOLVED that the City Council does hereby ' certify the Final Environmental Impact Report No. 138 for the Castaways Marina Project as complete and adequate in that it addresses all environmental effects of the proposed ' project and fully complies with the requirements of the California Environmental Quality Act and the State CEQA Guidelines. Said Final Environmental Impact Report is comprised ' of the following elements: 4 r 1. Draft EIR and Technical Appendices 2. Responses to Comments 3. Planning Commission Staff Reports ' 4. Planning Commission Minutes S. Planning Commission Resolution, Findings and Conditions for Recommended Approval 6. City Council Staff Reports ' 7. City Council Minutes 8• City Council Ordinance, Resolution and Findings and Conditions for Approval 9. Comments and Responses received prior to final action and not t contained in 1 through 8 above. All of the above information has been and will be on file with the Planning ' Department, City of Newport Beach, City Hall, 3300 Newport Boulevard, Newport Beach, California 92659.1768, (714) 644-3YI5. ADOPTED THIS day of 1992. ATTEST: CITY CLERK Attachments: Exhibits 1 & 2 PLT:-\FD\EIR\nIRllRRs1 5 MAYOR EXHIBIT 1 ' STATEMENT OF FINDINGS AND FACTS FINAL ENVIRONMENTAL IMPACT REPORT 138 ' CASTAWAYS MARINA ' 1. BACKGROUND The California Environmental Quality Act (CEQA) and the CEQA Guidelines (Guidelines) promulgated pursuant thereto provide: ' "No public agency shall approve or carry out a project for which an EIR has been completed which identifies one or more -'gnificant environmental effects of the project unless the public agency makes ac or more written findings for ' each or those xigniric nt erreclx accompanic liy a brief explanation of the rationale for each finding. The possible fim ,gs are: 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. ' 3. Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR (Section 15091 of the Guidelines)." The City of Newport Beach has determined that the proposed project should be approved. A description of the project to be approved is provided below. Because the proposed actions constitute a project under CEQA, and the Initial Study determined that the project could have significant effects on the environment, the City of Newport Beach has prepared ' an Environmental Impact Report (EIR). This EIR indicates that there will be significant impacts as a direct result of the project in the area of construction noise and marine biological resources, and that significant effects to air and water quality will occur on a cumulative basis as a result of the project in conjunction with other past, present and ' reasonably foreseeable future projects. The Findings and Facts set forth below explain the City's reasons for determining that the project should be approved as proposed. 11. PROJECT DESCRIPTION A. PROJECT OBJECTTVES 1. The objective of The Irvine Company is to provide economically viable commercial marina facilities within Newport Bay. The project is a 121 slip marina. B. DISCRETIONARY ACTIONS TO BE APPROVED AS PART OF THE PROJECT Amendment No. 743 Request to establish Planned Community District regulations and adopt a Planned Community Development Plan for Castaways Marina. A•1 1 ._.; 2. Traffic Study No. 80 1 Request to approve a traffic study so as to permit the construction of a 121 slip marina with support parking and accessory facilities in the Castaways Marina Planned Community. 1 3. Resubdivision No. 972 Request to create one parcel of land for marina development in the Castaways Marina Planned Community. 1 III. FINDINGS AN12 FA r IN SUPPORT OF FINDINGS REGARDIN . THE 1 A. EFFECTS DETERMINED TO BE INSIGNIFICANT Eulh 1 • Unique geological or physical features will not be affected ice they do not occur on the marina site. No increases in exposure of people to geologic hazards are expected since no onshore facilities for occupation are included in the project ' Proposed grading and building construction will be required to meet City's standards and building code requirements, the grading 1 respectively. 1 Due to the nature of the proposed uses at the marina, the proposed will not alter existing air movement, moisture, temperature, or project local or regional climatic conditions. .._- • Due to the groundwater conditions in the area, the direction or rate of is expected to be significantly altered by groundwater flow not proposed marina construction. 1 • No significant change in the quality of groundwater, either through interception of an aquifer direct additions or withdrawals, or through by cuts or excavations, is expected to result due to the project The from project would require excavation of land infiltrated by salt water intrusion into the adjacent the bay. However, increased salt water groundwater table is not expected to result due to the increased area are distant from the of the bay. Fresh water sources of groundwater 1 proposed marina. • Water for boat wash down and drinking supplies will be available at marina However, due to the relatively small size of the marina, 1 the no substantial reduction of available public water supplies would be expected due to the proposed uses. 1 Plant No reduction in acreage of agricultural crop land would result due to at the site and the site is not the project; no agricultural use occurs 1 suitable for such a use. 1 A.2 1 12, i , if Animal ' No new animal species are expected to be introduced into the project area as a result of the project. An increase in water area could provide additional habitat for bay fishes. t gl and Clare ' • The possible increase in light around the tsarina is expected to be relatively minor and localized. Themarina site is currently unoccupied and is designated for marine Thus, no conflicts with existing or recreational and commercial uses. planned land uses are expected. ' NMIIMLRZO= No significant increase in the use of natural resources is expected from usage due to increased number the proposed project. Fuel and water of boat slips and resulting boat usage is expected to be negligible. ' Rsk of oset • No interference with evacuation/response plans is expected. Due to tion in port the ' the marina iseof not expe dmarina to affect the orderly evacuation f he area Population ' No increase in population would be expected since no residential facilities are proposed by the project Mooring facilities will be limited to small vessels and no food, fuel, or service facilities are planned for he tsarina Construction crews are expected to be from local areas. Also, live-aboards are prohibited in accordance with lease provisions. ' Housill • No additional housing is required for construction or operation personnel. ' Trancportatipn Due to to location of the proposed marina within a large marina - oriented area, no long-term, significant alteration of patterns of circulation or movement of people and/or goods would be expected. Due to the nature of the marina project, no changes to rail or air ' traffic would be expected. Ash?ic cervices • Due to the nature of the proposed uses, the proposed project would not have a significant effect upon or result in the need for new or altered governmental services in any of the following areas: schools, parks or recreational facilities, other governmental services. Enemy No substantial increase in energy usage (boat fuel or electricity) is expected due to the relatively small size of the project. 13 A-3 Iitilitics • Due to the nature of the proposed uses at the site, the project would not result in new utility systernt or alterations to existing utility systems other than those needed to connect to existing adjacent utilities. Aa Cfther than potential short term view impacts during the dredging or phases, no aesthetically offensive views should result due construction to the project Lscreasim Recreational opportunities provided by the proposed project are ' expected to be beneficial. Although many impacts have been identified which are not significant, a complete and conditions of approval have been applied to the set of mitigation measures to assure a minimal effect on the environment, as listed below: project t. Prior to issuance of a building permit, signage and exterior lighting shall be approved by the planning and Public Works departments. 2. Prior to issuance of a grading Permit, a landscape and irrigation plan shall be licensed landscape architect 'Ibis plan shall be approved by the prepared by a directors of the Planning, Public Works and Parks, Beaches and Recreation a licensed landscape ' departments. Prior to issuance of an occupancy Perm!* shall certify to the Planning Department that the landscaping has been architect installed in accordance with the approved plan. ' to be he 3. Development of the sitdepartments. Ile application fo ahall be subject to a grading t grading perm trio the Building and Planning accompanied by the grading plan andspecifications, othe Preportss required consisting P°T q � the of soil engineering and engineering geology building official. gCha rter 7entso hExcavationthe forth in 4. Grading operations and and Grading, Sect Sections ' (Appendixage the 1-701 Building Code (Appendix P 700t•7019) and the Building Department's General Grading Specifications. 5. The grading permit shall include a description of haul routes, access points to the impacts of haul operations. ' site, and a watering program designed to minimize shallbesubmitted permit). t e the d be subject 6. An erosion, siltation, and dust control plan -approval (prior approval of the Building Department (p to Environmental Protection Agency/Reg!once! ' coshbeey rdedttheCim shall Control Board, Santa Ana Re 7. Grading shall be conducted in accordance with plans prepared by a civil engineer of a soil engineer and an engineering geologist incorporating the recommendations subsequent to the completion of a comprehensive soil and geologic investigation of ans as grading m site.a of building perBuilt" the its. be furnished the ding Department priorPoved orissua shalltoB ! 8. Existing onsite drainage facilities shall be improved to the satisfaction of the City of Engineer. A hydrology and hydraulic study and a master plan Newport Beach City of water, sewer, and storm drain for onsite improvements shall be prepared by the Worksto cshatllgof the storm drartment ain systemrior applicant and approved ymodifications ttolttheyex be the Any tact map. responsibility of the developer. A4 i4 I FL I I I I H I I 9. 10. II. 12. 13. 13. 14. 15. 16. 17. No vessel discharges are allowed within Newport Bay. A landscape plan, prepared by a licensed landscape architect, shall be submitted for approval by the directors of Planning and Parks, Beaches, and Recreation, which includes a maintenance program that controls the use of fertilizers and pesticides. Landscaped areas shall be irrigated with a system designed to avoid surface runoff and over -watering. Prior to issuance of a grading permit, a landscape and irrigation plan for both project sites shall be prepared by a licensed landscape architect. The plan shall be subject to approval by the Planning Department and the Parks, Beaches, and Recreation Department, and shall place emphasis on the use of drought -resistant native vegetation and be irrigated via a system designed to avoid surface runoff and over - watering. A qualified archaeologist shall be present during pre -grade meetings to inform the developer and grading contractor of the results of any archaeological surveys and studies completed. In addition, an archaeologist shall be present during grading activities to inspect the underlying soil for cultural resources. If significant cultural resources are uncovered, the archaeologist shall have the authority to stop or temporarily divert construction activities for a period of 48 hours to assess the significance of the finds. In the event that significant archaeological remains are uncovered during excavation and/or grading, all work shall stop in that area of the subject property until an appropriate data recovery program can be developed and implemented. The cost of such a program shall be the respo:zibility of the landowner an developer. A paleontological monitor shall be retained by the landowner and/or developer to attend pre -grade meetings and perform inspections during development. The paleontologist shall be allowed to divert, direct, or halt grading in a specific area to allow for salvage of exposed fossil materials. Prior to issuance of any grading permits, the applicant shall waive the provisions of Assembly Bill 952 related to City of Newport Beach responsibilities for the mitigation of archaeological impacts in a manner acceptable to the City Attorney. Construction activities shall be conducted in accordance with the City of Newport Beach noise ordinance which limits construction to the following hours and days. Between the hours of 7:00 a.m. and 6:30 p.m. on any weekday Between the hours of 8:00 a.m. and 6:00 p.m. on Saturdays Prohibited on Sundays and holidays The following Fire Department standards/regbirements shall be complied with prior to issuance of an occupancy permit. A. Site Access 1. Minimum Width Required a. 26 feet —no parking allowed b. 26 feet + car width — parking one side (parallel) C. 26 feet + 2 car widths — parking two sides (parallel) A-5 I i, I L-M C. 2. Turning Radius a. Cul-de-sac Minimum 40-foot radius Minimum 42-foot radius if center is planted b. Corners - Minimum 15-toot radius 3. Height Clearance a. Minimum overhead-13 feet 6 inches b. Building eaves, trees, etc, are prohibited 4. Roadway Width with Access Control (Knox Key Controlled) a. 13 feet clear on each side of control apparatus or island upon which it is mounted, which er requires the greatest width Hydrant Locations 1. A minimum of two onsite hydrants will be required at locations to be specified on site plans (basically at or near the cul-de-sac turnaround areas) Marine Fire Protection 1. Standpipe and hose cabinet requirement a. Pier or floats under 500 feet in length Class 11 standpipe with hose cabinets arranged to provide protection to any portions of floats or floating vessels b. Pier or floats over 500 feet in length_ Class III standpipe with 2-1/2-inch hose outlets for rite depart- ment use and hose cabinets arranged so that all portions of floats and floating vessels are protected 2. Required Water Supplies a. Class 11 standpipe 100 GPM at a residual pressure of 65 P.S.I. at the most remote cabinet b. Class III standpipe Same as Class 11 except that supply piping must be able to deliver 500 gpm to the 2-1/2-inch hrse valves 3. Extinguishers a. One 2A 20 BC located in each hose cabinet 4. Transmittal of Fire Emergency a. A means of rapidly notifying the fire department in the event of an emergency (telephones used for this purpose shall not require the use of a coin) A-6 I I I r u r I H LI is. 19. 20. 21. 22. 23. 24. 25. 26. 27. 1n the event ii.at t,�ardous materials/wastes are encountered -� g development of the site. these federal, materials/wastes and 111 b handled and disposed of in accordance with applicable The project applicant shall clean debris from the marina basin and boat slips as part of a regular maintenance program to be reviewed and approved by the City of Newport Beach. To maintain project depths within the boat basin, dredging of the sand bar that may form at the entrance of the marina basin shallbe a from tconducted nd c he City of Newpan the Beach and t in accordance with an approved dredging permit ACOE. To minimize tidal flow interference, the basin design shall use adequately spaced plastic pontoons to support the docks within the channel. To reduce the extent and effects of increased turbidity, the applicant shall require the dredging contractor to use filter curtains around dredging operations, when feasible. When feasible, the dump scow shall be loaded only during ebb tide conditions so suspended material will be flushed seaward and not into Upper Newport Bay. Prior to, and upon the completion of, the dredging operation, soundings shall be taken at each barge marshalling area and the data supplied to the City o1Newp�e Beach Public Works Department to ascertain the need for &edging to rtof the area to predredging conditions. Such dredging will be the responsibility project applicanL Prior to the issuance of a grading permit, the City of Newport Beach Public Works Department shall be provided with evidence that allappropriate ePermits U.S. Or clearances have been obtained from the U.S. Army Corps Engineers, Environmental Protection Agency, U.S. Coast Guard, and Regional Water Quality Control Board. Treatment of extracted water shall be conducted in a manner and at a location approved by the City of Newport Beach City Engineer and the Santa Ana Regional Water Quality Control Board. Suspended soils (e.g.. sand) shall be separated from extracted water in accordance with applicable water quality standards and disposed of at a location approved by the City of Newport Beach Director of Public Works Department and the Grading Engineer. 28. Provision shall be made, as e treatment of sulfide to comply with water quality standards necessary drt hcontrol odors from rthe ndewatering process. 29. Prior to demolition of existing bulkhead structure, a complete plan for litter and debris control for the demolition, grading, and construction phases to ensure debris is not pertnitted to enter Newport Bay shall be approved by the Directors of the Planning and Marine departments. 30. Water extracted from dewatering wells and drained from bay materials shall meet reuirements prior to tcurrent U.S. Environmental he bay. if necessary, the water eshall be dection �ted prior to discharge. discharging ischarginginto 31. The dredging contractor shall conduct dredging activities inaccordance with the approved dredging permit from the U.S. Army Corps of Engineers. 32. For the life of the project, the project applicant shall provide each marina tenant with a copy of all applicable regulations regarding vessel discharges of wastes, antifouling .paint use, and refuse management (including handling of hazardous wastes) as a part of lease materials. A-7 11 I I� H �I F I� I t I_ I 33. 34. 35. 36. 37. For the life or )e project, the project applicant shall provide a •j. marina tenant with information regarding procedures for notifying appropriate authorities regarding spills of hazardous materials, containment measures, and applicable penalties for violations as a pan of lease materials. The applicant shall provide for periodic maintenance of the sanitary pumpout station to ensure its continuous operation. The applicant shall provide regular cleaning of the marina docks and vacuum sweeping of the parking lot. The dredging contractor shall be required as part of the dredging contract to ensure that dredging activities shall be conducted so as not to disturb sensitive biological habitats and resources in the vicinity of Bayside Marsh Peninsula. In accordance with ACOE requirements, the loss of 0.69 acre of mudflat habitat shall be mitigated by the in -kind replacement of mudflat habitat at a reepllart acemnis habitat t ratio of 15:1 and at la ACOE-approved priortanyproject-related ro ecpreferably-d redgiin ng of theper echannel Mudflat will shad ea replaced prior a any p j be created at depths between -IS and +26 ft MLLW. A detailed conceptual mitigation plan will be developed and implemented by the applicant in consultation with the National Marine Fisheries Service, California Department of Fish and Game, U.S. Fish and Wildlife Service, and the ACOE. The plan will include the a following elements. I Pre -construction Analysis of Preferred and Alternative Mitigation Sites. This study will assess the types and locations of sites that could serve as mitigation sites. Both onsite and offshe areas will be analyzed. 2. Pre -construction Conceptual Site Plans. Conceptual designs will be presented that indicate elevations and contours to be achieved for the mitigation program, appropriate methods for habitat construction, and criteria to measure the success of the habitat replacement program. 3. Shorebird Construction and Post -Construction Monitoring Program. A 5-year monitoring program will be designed that includes both construction and post• construction monitoring surveys. Shorebird surveys will be conducted prior to and during construction; quarterly during the first year following the creation of the mudflat area; and annually for the remaining 4 years. The purpose of these surveys will be to measure the success of the mitigation project, comparing the shorebird diversity of the newly created mudflats with existing mudflats nearby. The results of each survey will be presented in a post -survey report prepare for the City of Newport Beach and responsible agencies. 4. Option for Remedial Measures. If the newly created mudflat does not meet pre -determined criteria, then remedial actions, including a second mudflat restoration attempt in another area, will be undertaken Specific remedial measures will be determined upon consultation with responsible resource agencies. 38. In accordance with ACOE requirements, the loss of subtidal halibut nursery area shall be mitigated by the in -kind replacement of halibut nursery habitat at a replacement ratio of 1.5:1, at depths between 1.5 and 321 feet below MLLW. This habitat shall be restored at an ACOE-approved site, preferably in Upper Newport Bay, prior to project -related dredging. A conceptual mitigation program shall be developed and implemented by the applicant in consultation with the National Marine artment of Fish and Game, U.S. Fish and Wildlife Services and the ACOE. The Service. California plan will include the following elements. 1. Pre -Construction Analysis of Preferred and Alternative Mitigation Sites. This study will assess the types and locations of sites that could serve as mitigation sites. Both onsite and offshe areas will be analyzed. MMI t3 I I I H F F Ipro-Construction Conceptual Site Plans. Conceptual designs for the will be presenion that indicate evations and ropriate methods for habitat construcrs to be tton, and criteria to program, appropriate measure the success of the habitat replacement program. 3' o d becolnnnepi monitor- ing PConstruction cram and haticludesboth pr-constructon and post - construction surveys. Halibut surveys will be conducted at the selected mitigation area prior to construction; quarterly for the first year following the purpose of ears. The the theseb surveys bwilltben oameaslure°thehsuccesst ninof t}reymirigation project and compare the use °f tnewlcreated habitat by halibut with Tbe results of each survey will be presented other areas in the Upper Bay. fe ed for the City of Newport Beach and in post-sulveymonitoringreporup par responsible agencies. 4• Options for Remedial Measures If the newly created su including habitat does not meet pre -determined criteria then will be tint actions. including a second restoration attempt in another area will be undertaken However, on remedial measures will be determined upon consultation with responsibmeasures resource agencies. 39. To avoid poundal misuse of smaller recreational vessels in the Upper Bay and to rina tenants art of their reduce potential a dpwt h educatilife onal materials regarding localandfederal boating leases, be p regulations and the importance of reducing disturbances to the wildlife of the caper Bay. 40. All appropriate BMPs shall be used to Prohibit erosion and runoff during construe tion and from nldistur and c paved ve anca n intmcliNewport B yi,and1i The ca11r1 marsh* l Mr:placcutcnt of r,nnif•rcluining barriers. will between ril I and tember 41. 3DO,edgi the breeding season otctivitornialeazterminated urnseto minimi egad adverse impacts on their foraging habitat due.to increased turbidity. site sed 42. ha 1 areas a affected by l shah betdeposiitted in the l be ecattail d to mo sh oprojer coastal sage ages°crub habitats. d to eliminate the use of periwinkle ground cover. 43. The landscape plan shall be altere 44. Prior to issuance of a grading permit by the city, the applicant shall present a traffic management program to manage construction -related traffic access to the project site and to ensure safe turning movements from pacific Coast Highwaycome over Drany Such a plan should describe the use of signage and flag people requirements of the City of Newport Beach Police and Public Works Departments. 45. Prior to issuance of a grading permit by the city, the applicant shall coordinate with Caltrans Orange County, and the cities of Newport Beach and Irvine regarding their plans for improvements along MacArthur Boulevard,e�ee feasible, the hauling Pelican Hill Road (Newport Coast Drive). To operation will avoid the period of construction along MacArthur Boulevard between Bison Avenue and University Avenue, and will avoid hauling during morning and afternoon peak traffic Perids. riging ea nd delivering dredged 46. coyote iCanon Landfill (assuming t this disposalmaterial Prior to eaving the cotruction method is selected), haul tiucks shall be inspected to ensure that (1) no water leaks from the trucks and (2) dirt has been placed to avoid spillage onto roadways. A-9 Ict I I t I H L Cli 47. 49. 49, 50. 51. 52. 53. 54. o , The applicant shall redesign the proposed site access point to be via a new road from the marina parking lot to the Dover Drive/Cliff Drive intersection to form a 4-way, traffic from intersection. ousing Lion. ibisDrivsign the extentdesigned and timed to discourage bypass During the dredging and ocean disposal operations, a guideboat, or a lookout on the barge how, will be used and equipped with a megaphone and 2-way radio to minimize potential accidents. Prior to issuance of the dredging permit, the contractor will meet with the ferry operator to develop an acceptable communications system, and shall provide the City of Newport Beach with verification of said meeting. Prior to the issuance of a dredging permit, the contractor will submit a plan for the dredging operation and movement of dredged material to the Orange County Harbor Patrol and U.S. Coast Guard and shall receive approval of the plan from said agencies. In addition, the contractor shall provide evidence to the City of Newport Beach that said plan has been approved and that the Notice to Mariners has been issued by the U.S. Coast Guard. Dredging operations shall be limited to non -holiday weekdays, and shall be prohibited during the period of the annual Christmas boat parade and holiday period (from apprommately December 15 through January 1). In addition, said activity shall be limited to the hours of 7:00 am. to 630 p.m. for acceptable weekdays. The project applicant shall require all applicable contractors to implement the following exhaust emission reduction measures: 55. K-11 a Maintain equipment per manufacturer's specification. b. install catalytic converters on gasoline -powered equipment. C. implement engine timing retard. d. Utilize electrical or gasoline -powered instead of diesel -powered equipment whenever possible. The applicant shall implement suppression measures for fugitive dust. Measures shall include wet suppression techniques for dry ground soil, immediate replanting and irrigation of landscaped areas, coverage requirements for loaded trucks, and onsite vehicle speed limits of 15 mph. These measures, as well as others deemed necessary by the City of Newport Beach, shall be incorporated as conditions of preventing offsite fugitive dust nuisances, as required in the SCAOMD Rule 403. Construction activities shall be curtailed during periods of high ambient pollutant concentrations. Ambient PM10 concentrations are highest during days with strong winds (greater than 20 mph). On Saturdays, pile driving activity shall be further limited to the hours of 8:30 a.m. to 6:00 p.m. The project proponent shall consult with the City project. Beach Water Department to ensure fire flows of 3,000 gp P 1ect 57. Access dimensions shall be consistent with City of Newport Beach standards. 58. Fire protection requirements shall be consistent with the Uniform Building Code and the Uniform Fire Code. 59. Prior to the City's issuance of an occupancy permit, the applicant shall verify that the Newport Beach Fire and Police departments, and the Orange County Sheriffs Harbor patrol are prodded with keys to all locked facilities/areas within the site. A-10 0 P 60. Low -flow bathroom fixtures shall be used in the bathroom/storage buildings on the site. ' 61. The approved landscape palette shall include drought-tolcrant plant materials. 62. The project shall be designed to avoid disturbance of the existing onsite 30-inch water main, or if this cannot be achieved, design for the proposed project shall ' include provisions for the relocation of the water main in accordance with City of Newport Beach requirements. 63. A conduit system will be required for cable placement and shall be provided by the ' project proponent. 64. The City shall conduct a baseline traffic study on Cliff Drive, prior to installation of the traffic signal at Dover Drive/Cliff Drive. The City shall monitor traffic along ' Cliff Drive, and, if a significant amount of traffic results, the City will install new traffic control devices, such as stop signs, to make Cliff Drive less attractive to use than Coast Highway. be modified to incorporate idscaping along 65. The landscape plan for the project will the cribwall, and will be reviewed and approved by the City of Neu,.ort Beach prior to issuance of the grading permit. ' 66. Revise the marina slip design, if necessary, to conform with the proposed County revision to the harbor lines northerly of the Coast Highway bridge. The plan shall be submitted to the Public Works Department for review and approval prior to the issuance of a grading or dredging permit. B. EFFECTS DETERMINED TO BE MITIGATED TO A LEVEL OF INSIGNIFICANCE ..a.�. a.,,, — — Effect: Significant Construction Dredging will have short term adverse chemical impacts on water quality related to a reduction in dissolved in detectable levels of trace oxygen levels and an increase metals. These impacts could add to cumulatively significant water quality problems in the Bay during the construction phase, when installation of docks and pilings will add to the cumulative risk of leakages, of contaminants, such as polynuclear aromatic hydrocarbons (PAHs), grease, polychlorinated biphenybs (PCBs), and other contaminants ' potentially harmful to marine life. Finding: ' Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding: This significant effect has been substantially lessened to an acceptable level with respect to seismic risk, and to a level of insignificance with respect to soil conditions by virtue of the Standard City Policies identified in the Final EIR and the additional mitigation measure listed below: ' A-11 1 11 t H 11 w Prior to the issuance of a grading permit, the City of Newport Beach Public Works Department shall be provided with evidence that all appropriate permits or clearances have been obtained from the U.S. Army Corps of Engineers, U.S. Environmental Protection Agency, U.S. Coast Guard, and the Regional Water Quality Control Board. Significant Effect: Behind the bulkhead, material below the groundwater level will be dewatered. This water will be discharged to Upper Newport Bny and if it does not meet U.S. FPA standank, it could unmibulc to cuuudalivcly %iµnificmu ward quality pruhlcros in the hay. 'Ittcrefurc, it will be required to meet or he treated to meet said standards. Finding: Changes or alterations have been required , or incorporated into, the project which avoid or substa_tially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding: The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies identified in the Final EIR and the following mitigation measures: Water extracted from dewatering wells and drained from bay materials shall meet current U.S. Environmental Protection Agency requirements prior to discharging into the bay. If necessary, the water shall be desilted prior to discharge. Treatment of extracted water shall be conducted in a manner and at a location approved by the City of Newport Beach City Engineer and the Santa Ana Regional Water Quality Control Board. ' Suspended soils (e.g., sand) shall be separated from extracted water in accordance with applicable water quality standards and disposed of at a location approved by the City of Newport Beach Director of Public Works Department andihe Grading Engineer. • Provision shall be made, as necessary, for the treatment of hydrogen sulfide to comply with water quality standards and to control odors from the dewatering process. Significant Effect Ocean disposal of dredged material has a low potential to significantly degrade water quality at the LA-3 site. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. A-12 l �. Facts in Support of Finding: ' The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies identified in the Final FIR and the following milgalion ' ueauue: • The dredging contractor shall conduct dredging activities in accordance with the approved dredging permit from the U.S. Army Corps of Engineers. Marine Bioloev ' Significant Effect: occur during the Accidental oil or fuel spills could potentially proposed dredging operation or marina construction and could result in significant effects on the wildlife of the Upper Newport Bay. The duration of the construction operation would be for the occurrence of relatively short and the potential petroleum -product leaks or spills would be low. However, biological effects could be significant depending on the severity ' of the accident. Finding: Changes or alterations have been required in, or incorporated lessen the into, the project which avoid or substantially effect as identified in the Final EIR. significant environmental ' Facts in Support of Finding: This significant effect has been substantially lessened to an acceptable level with respect to seismic risk, and to a level of by the insignificance with respect to soil -conditions virtue of . Standard City Policies identified in the Final EIR and the additional mitigation measure listed below: ' Prior to the issuance of a grading permit, the City of shall be Newport Beach Public Works Department provided with evidence that all appropriate permits or clearances have been obtained from the U.S. Army Corps of Engineers, U:S. Environmental Protection Agency, U.S. Coast Guard, and the Regional Water Quality Control Board. ' Significant Effect: During operation of the marina, accidental oil or fuel spills could adversely affect wildlife in the Upper Bay, the v significance would depend on the severity of the spill. The project would reduce the potential for accidental oil or fuel spills by not providing a fueling station, and by prohibiting (painting, engine overhauls, major boat maintenance activities etc). Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. A-13 I rtio-'� r Facts in Support of Finding: The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies identified in the Final EIR and the following mitigation measure: • For the life of the project, the project applicant shall provide each tsarina tenant with information regarding procedures for notifying appropriate authorities regarding spills of hazardous materials, containment measures, and applicable penalties for violations as a part of lease materials. ' Significant Effect: The Bayside Marsh Peninsula across the channel from the site is not expected to be affected in the short term by the project if precautions, such as the use of filter curtains, are implemented during the dredging operation. However, in the long term, boating activity is expected to increase in the main channel, and the channel width would be narrower because of the proposed pier. This could result in an increase in noise and enhanced public access to the Bayside Marsh Peninsula mudflat and marsh habitat, thereby reducing the wildlife utilization value of the area.. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. I F I I f_l r I I Facts in Support of Finding: The significant effect has been substantially lessened to.a level of insignificance by virtue of the Standard City Policies identified in the Final EIR and the following mitigation measures: The dredging contractor shall be required as part of the dredging contract to ensure that dredging activities shall be conducted so as not to disturb sensitive biological habitats and resources in the vicinity of Bayside Marsh Peninsula To reduce the extent of increased turbidity, the applicant shall require the dredging contractor to use filter curtains around dredging operations, when feasible. Significant Effect The project will result in a net loss of mudflat habitat, which represents a 41 percent decrease in this habitat category within the project's impact area The maintenance of Newport Bay mudflats is important for the continued success of the birds that forage and nest in the Upper Bay. Reduction in mudflat habitat is considered to be a significant, localized impact of the project. A-14 I 7 Finding: E 1 LJ t n Changes or alterations have been required in, or incorpo-ated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final Eir. Pacts in Support of Finding: The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies identified in the Final EIR and the following mitigation measure: In accordance with Army Corps of Engineers (ACOE) requirements, the loss of mudflat habitat shall be mitigated by the in -kind replacement of mudflat habitat at a replacement ratio of 1.5:1 in an ALOE -approved site, preferably in Upper Newport Bay. A detailed conceptual mitigation plan will be developed and implemented by the applicant in consultation with the appropriate resource and regulatory agencies. Significant Effect: A permanent deepening of subtidal halibut nursery habitat would result from channel dredging. The deepening of this habitat would reduce the habitat quality and result in a net loss of habitat for 'young of the year" (YOY). The dredging would also recontour habitat at depths preferred by juvenile halibut. The creation of the Castaways Marina basin will fully offset the loss of juvenile halibut habitat since the depth of the marina basin would be within the preferred depth range for juvenile halibut. The reduction and alteration -of halibut nursery habitat is considered to be a significant local'impact of the project, but is not expected to be a significant regional impact. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding: The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies identified in the Final EIR and the following mitigation measure: In accordance with ACOE requirements, the loss of subtidal nursery area shall be mitigated by the in -kind replacement of halibut nursery habitat at a replacement ratio of 1.5:1 at depths between 1.5 and 3.21 feet mean lower low water level. The mitigation shall be undertaken in an ACOE-approved site, preferably in Upper Newport Bay. A detailed conceptual mitigation program shall be developed and implemented by the applicant in consultation with the appropriate resource and regulatory agencies. A-15 Terreelrial fiialuyical RStptu4cc ' Significant Effect: Construction of the temporary access road through the Upper Castaways site could result in erosion and runoff into cattail ' marsh habitat located near Dover Drive on the Upper Castaways site. Finding: ' Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding: The significant effect ha: •een substantially lessened to a level ' of insignificance by vi re of the Standard City Policies identified in the Final :IR and the following mitigation measures: u t 1 All appropriate BMPs should be used to prohibit erosion and runoff during construction and from disturbed and paved areas into Newport Bay and the cattail marsh. Measures should also include revegetation immediately after construction ceases and placement of runoff - retaining barriers. The areas affected by construction should be limited to the project site and proposed haul road; no material shall be deposited in the cattail marsh or coastal sage scrub habitats. Significant Finding: The proposed landscape plan includes periwinkle ground cover which is potentially invasive to natural plant communities, particularly wetland habitats. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding: The significant effect has been substantially lessened to a level of insignificance by virtue of, the Standard City Policies identified in the Final EIR and the following mitigation measure: The landscape plan shall be altered to eliminate the use of periwinkle ground cover. A-16 16 I� H t 1 Significant Effect: The Monterey and Capistrano formations located on both the Upper and Lower Castaways site have a history of providing fossil records throughout Southern California. Project implementation would expose these formations and could significantly affect and possibly destroy any fossil remains. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding: The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies identified in the Final EIR and the following mitigation measure: A paleontological monitor shall be retained by the landowner and/or developer to attend pregrade meetings and perform inspections during development. The paleontologist shall be allowed to divert, direct, or halt grading in a specific area to allow for salvage of exposed fossil materials. significant Effect: The proposed project will generate additional traffic, primarily on Dover Drive and Coast Highway, during the dredging and construction phase of the project. The additional traffic may cause short-term traffic congestion in the vicinity of the project site. Construction -related traffic impacts can generally be mitigated to a level that is less than significant through the use of standard traffic control practices. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding: The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies identified in the Final EIR and the following mitigation measure: Prior to issuance of a grading permit by the City, the applicant shall present a traffic management program to manage construction -related traffic access to the project site and to ensure safe turning movements from Pacific Coast Highway onto Dover Drive. Such a plan should describe the use of signage and nag people and include A-17 A any requirements of the City of Newport Beach Police and Public Works'Departments. Significant Effect: ' If ocean disposal for dredged materials is not approved, all or part of the material will be hauled to the Coyote Canyon Landfill. Assuming a 5-day work week and a 12-week dredging period, an estimated 70 truck trips a day could be generated by the proposed dredged material disposal operation. Due to the potentially high number of truck trips, the dredging operation would contribute to potentially significant short-term traffic congestion in the cities of Newport Beach and Irvine. ' Finding: ('h.uiyes nr :dtc1atinne have Imen required in, or incorporated ' into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding: I u 1 I The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies identified in the Final EIR and the following mitigation measure: • Prior to issuance of a grading permit by the City, the applicant shall coordinate with Caltrans, the County of Orange, and the cities of Newport Beach and Irvine regarding their plans for improvements along MacArthur Boulevard Bonita Carryon Road, and Pelican Hill Road (Newport Coast Drive). To the degree feasible, the hauling operation will avoid hauling during morning and afternoon peak traffic periods Significant Effect: Trucks hauling dredged material to the Coyote Canyon landfill could leak water or spill dirt along the haul route creating unsightly and unsafe road conditions. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding: The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies identified in the Final EIR and the following mitigation measure: Prior to leaving the construction staging area and delivering dredged material to the Coyote Canyon Landfill (assuming this disposal method is selected), haul trucks shall be inspected to ensure that (1) no water leaks from the trucks and (2) dirt has been placed to avoid spillage onto roadways. A-18 23 LJ 1 I Significant Effect: If the landfill disposal option is not performed, all construction traffic would enter and exit the site via a driveway on the Lower Castaways she. In this case, only right turns into and out of Dover Drive would be possible. Entrance to the site would occur via a right turn from north -bound Dover Drive, immediately after a right turn from Coast Highway. In addition, long-term traffic access to the marina would be limited to a right -turn in and out movement. This will generate additional U-mm movements at the Cliff Drive/Dover Drive intersection and is considered to contribute to potentially unsafe turning movements and lane changes. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding: The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies identified in the Final EIR and the following mitigation measure: The applicant shall redesign the proposed site access point to be via a new road from the marina parking lot to the Dover Drive/Cliff Drive intersection to form a 4- way, signalized intersection. Significant Effect: Should either of the dredged material disposal alternatives be implemented, short-term impacts to harbor circulation are expected. The dredge/construction stage of the project will limit the ability of boars to enter or exit the Upper Bay due to the placement of equipment immediately north of the Coast Highway bridge. If the ocean disposal alternative is selected, the dredging activity and transport of the dredged material will potentially interfere with the various recreational boating activities/events, such as boat races, that occur on a regular basis in the harbor. With the stows moving down the middle of the channel, racing boats and pleasure craft will need to adjust their course to avoid the slow -moving stows. The disruption of harbor circulation is considered a short-term significant impact of the proposed project Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding: The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies identified in the Final EIR and the following mitigation measures: A-19 }`I I u During the dredging and ocean disposal operations, a guideboat or lookout on the barge bow will be used and equipped with a megaphone and 2-way radio to minimize potential accidents. Prior to the issuance of the dredging permit, the contractor will meet with the ferry operator to develop an acceptable communications system, and shall provide the City of Newport Beach with verification of said meeting. Dredging operations shall be limited to non -holiday weekdays, and shall he prohibited during the period of cite annual Chrknoaq boat patuite and hulidav proud (from approximately Dcccnihcr 15 through January 1). In addition, said activity shall be limited to the hours of 7:00 am. to 6:30 p.m. for acceptable weekdays. ' C. SIGNIFICANT EFFECTS THAT CANNOT BE AVOIDED Listed below are the significant environmental effects that cannot be avoided ' if the project is implemented. These effects have been reduced to the extent feasible through the requirements and mitigation measures described below. The remaining unavoidable significant effects have been determined to be 1 acceptable when balanced against the economic, social, or other factors set forth in the attached Statement of Overriding Consideratio,s (Exhibit B). Water Quality Significant Effect: Marina tenants could potentially discharge wastes from vessel holding tanks illegally, resulting in -an increase in bacterial and , viral contamination, nutrient loading and turbidity thatwould contribute a small increment to cumulatively significant water quality problems in the bay. Findings: Changes or alterations have been required in, or incorporated ' into, the project significant environmental which avoid or substantially lessen the effect as identified in the Final EIR. ' Specific economic, social, or other considerations make infeasible the project alternatives identified in the Final EIR Other changes or alterations are within the responsibility and ' jurisdiction of other public agencies, and not solely the City of Newport Beach. Such changes have been adopted by other agencies or can and should be adopted by such agencies. Facts in Support of Finding: The significant effect has been substantially lessened by virtue of the Standard City Policies identified in the Final EIR and the following mitigation measures: No vessel discharges are allowed within Newport Bay. A-20 30 I The applicant shall provide for periodic maintenance of the sanitary pump out station to ensure its continuous operation. Significant Effect: I The project will add a small increment to cumulative levels of anti -fouling and paint -related contaminants in the bay due to paint which can leach from the bottom of boats at anchor, and from normal maintenance activities, including hull soaping. In I addition, hull cleaning activities could result is the periodic release of marine fouling organisms, increasing the organic content of local sediments which can then contribute to anoxic bottom conditions. ' Findings: I I I I I I 11 I LEI I C� I I Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Specific economic, social, or other considerations snake infeasible the project alternatives identified in the Final EIR Other changes or alterations are within the responsibility and jurisdiction of other public agencies, and not solely the City of Newport Beach. Such changes have been adopted by other agencies or can and should be adopted by such agencies. Facts in Support of Finding: The significant effect has been substantially lessened by virtue of the Standard City Policies identified in the Final EIR and the following mitigation measures - - - • For the life of the project, the project applicant shall provide each marina tenant with a copy of all applicable regulations regarding vessel discharges of wastes, anti- fouling paint use, and refuse management lease (including le handling of hazardous wastes) as a part materials. Significant Effect: Runoff from the new marini parking lot and adjacent landscape areas will result in the discharge of contaminants such as oil, grease, fertilizers, pesticides, and trace metals into the bay and thus contribute a small increment to the cumulative water quality problems associated with stormwater discharges throughout the bay's watershed. Findings: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR specific economic, social, or other considerations make infeasible the project alternatives identified in the Final EIR. A-21 FII I • Other changes or alterations are within the responsibility and jurisdiction of other public agencies, and not solely the City of Newport Beach. Such changes have been adopted by other agencies or can and should be adopted by such agencies. Facts in Support of Finding: The significant effect has been substantially lessened by virtue of the Standard City Policies identified in the Final EIR and the following mitigation measures: i A landscape plats, prepared by a licensed landscape architect, shall be submitted for approval by the Directors of Planning and Parks, Beaches, and Recreation, which includes a maintenance program that ' controls the use of fertilizers and pesticides. Landscaped :eas shall be irrigated with a system 1 designed to , aid surface runoff and over -watering. ' Prior to issuL.:ce of a grading permit, a landscape and irrigation plan for both project sites shall be prepared by a licensed landscape architect. The plan shall be subject to approval by the Planning Department and the Parks, Beaches, and Recreation Department, and shall place emphasis on the use of drought -resistant native vegetation and be irrigated via a system designed to avoid surface runoff and over -watering. • The applicant shall provide regular cleaning of the marina docks and vacuum sweeping of the parking lot. Significant Effect: The presence of additional boats- introduced by the project could increase the risk of accidental oil and fuel spills -occurring in Newport Bay. Spillage of hazardous materials, such as diesel fuel, gasoline and lubricating oils from vessels, and paint thinner and other organic solvents from maintenance activities, or the improper disposal of these materials associated with operation of the marina would contribute a small increment to cumulatively significant water quality problems in Newport Bay. Findings: Changes or alterations hive been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. ' Specific economic, social, or other considerations make infeasible the project alternatives identified in the Final EIR. Other changes or alterations are within the responsibility and ' jurisdiction of other public agencies, and not solely the City of Newport Beach. Such changes have been adopted by other agencies or can and should be adopted by such agencies. ' Facts in Support of Finding: The significant effect has been substantially lessened by virtue of the Standard City Policies identified in the Final EIR and the following mitigation measures: A-22 ;y I H E 1 H • For the life of the project, the project applicant shall provide each marina tenant with a copy of all applicable regulations regarding vessel discharges of wastes, anti- fouling paint use, and refuse management (including handling of hazardous wastes) as a p art ofease materials. Although the incremental increase in adverse water quality effects as a direct result of the project is considered minor, it is viewed as a cumulative significant impact within the context of on -going regional growth. 'Ibis unavoidable significant effect is considered acceptable when balanced against the facts set forth in the Statement of Overriding Considerations. Other public agencies with jurisdiction to effect regional solutions to cumulative impacts identified in the Final EIR include the surrounding local cities, the County of Orange, the Southern California Association of Governments, and the Regional Water Quality Control Board. Significant Effect: The combined effect of all phases of construction would contribute to an already existing violation of the ozone standard. Nitrogen oxide emissions from the dredging equipment are estimated to exceed 100lbs/day and would lead to a short-term significant impact of regional air quality. Findings Changes or alterations have been required in, or incorporated into, the project which avoid -or. substantially lessen the significant environmental effect as identified in the Final EIR. Specific economic, social, or other considerations matte infeasible the project alternatives identified in the Final EIR. Other changes or alterations are within the responsibility and jurisdiction of other public agencies, and not solely the City ter Of Newport Beach. Such changes have been adopted by o agencies or can and should be adopted by such agencies. Facts in Support of Finding: The significant effect has been substantially lessened by virtue of the Standard City Policies identified in the Final EIR and the following mitigation measures: • The project applicant shall require all applicable contractors to implement the following exhaust emission reduction measures: a. Maintain equipment per manufacturer's specification. b. Install catalytic converters on gasoline -powered equipment. C. Implement engine timing retard. �J A-23 d. Utilize electrical or gasoline -powered instead of diesel -powered equipment whenever possible. ' Construction activities shall be curtailed during periods of high ambient pollutant concentrations. Ambient PM10 concentrations are highest during days with strong winds (greater than 20 mph). Significant Effect Although long-term project -generated air quality impacts are expected to be minimal due to the relatively small number of boas, any increase in emissions of ozone precursors (i.e., nitrogen oxides and hydrocarbons) is considered significant ' since the site is in a non -attainment area for ozone. Findings: ' Specific economic, social, or other considerations make infeasible the project alternatives identified in the Final EIR. Other changes or alterations are within the responsibility and jurisdiction of other public agencies, and not solely the City of Newport Beach. Such changes have been adopted by other agencies or can and should be adopted by such agencies. IJ Facts in Support of Finding: Although the incremental air pollutant emission increase as a direct result of the project is considered minor, it is viewed as a cumulative significant impact within the context of on -going regional growth. This unavoidable significant effect is considered acceptable when balanced against the facts set forth in the Statement of Overriding Considerations. Other -public agencies with jurisdiction to effect .regional solutions to cumulative impacts identified in the Final EIR include the surrounding local cities, the County of Orange, the Southern California Association of Governments, the South Coast Air Quality Management District, the California Air Resources Board, and the Federal Environmental Protection Agency. Significant Effect: Construction operations (e.g., dredging and pile driving) will produce noise levels that exceed the City's noise criterion of 65 dBA CNEL in residential areas. Although these increased noise levels are of a relatively short term nature, they may be perceived as significant by nearby residents. Findings: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Specific economic, social, or other considerations make infeasible the project alternatives identified in the Final EIR. A-24 1 Facts in Support of Finding: ' The significant effect has been substantially lessened by virtue identified in the Final EIR and of the Standard City Policies the following mitigation measure: Construction activities shall be conducted in accordance Beach noise ordinance which with the City of Newport limits construction to the following hours and days. • Between the hours of 7:00 am. and 6:30 pm. on any weekday Between the hours of 8:00 a m. and 6:00 pm. an • Saturdays Prohibited on Sundays and holidays ' • On Saturdays, pile driving activity shall be further limited to the hours of 8:30 a.m. to 6:110 p.m. ' Although the incremental noise increase as a direct result of the is as a cumulative project is considered minor, it viewed significant impact within the context of on -going regional is ' growth. This unavoidable significant effect considered against the facts set forth in the acceptable when balanced Statement of Overriding Considerations. ' IV. PROTECT ALTERNATIVES t Ana t sl Section 15126(d) of the CEQA Guidelines requires that an EIR describe "a range of location of the project, which could reasonable alternatives to the project, or to the feasibly attain the basic objectives of the project, and evaluate the comparative merits ' of the alternatives." Six alternatives to the proposed project are evaluated in Section 6 of the Final EIR. the intent of finding ways to avoid or reduce ' These alternatives were developed with the environmental effects of the proposed project while attaining the basic objectives the attainment of other project of the project, even if those alternatives might impede objectives and might be more costly. The City Council has determined that four of the basic project these alternatives are infeasible, in that they would not satisfy not substantially reduce the environmental effects as objectives or they would compared to the proposed project A summary of the alternatives considered, along rejected is presented below. The ' with an explanation of why each alternative was Project Objectives are presented in Section II.A., above. i.Noproiect/D v loom nt A ordin to Fxistine Effiitlements ' The No Project/No Development alternative would maintain the site involved and no construction of the in its present state, with no change in entitlements This alternative would avoid all of the environmental effects new marina. associated with the proposed project, and therefore is environmentally This alternative would not meet the basic ' superior to the proposed project. project objectives, however, and is therefore rejected as infeasible. In for the eventual development of 40,000 addition, this alternative would allow of commercial development on the project site. ' sq.ft. 1] I 94 B021 Slill Alternative ' This alternative would provide for a marina with 41 fewer boat slips. It would incrementally reduce the dredging impacts of the project, although the project will engender similar impacts to juvenile halibut habitat to the proposed ' projecL Because of the reduced dredging the alternative is considered environmentally superior. This alternative would not meet the basic project objectives, however, and is therefore rejected as infeasible. In addition, this alternative would allow for the eventual development of 40,000 sq.ft. of ' commercial development on the project site. 1 50 Boat Marin without new Marina Basin ' This alternative would provide for a marina with 75 fewer boat slips. it would incrementally reduce the dredging impacts of the project, although the project will engender similar impacts to juvenile halibut habitat to the proposed project. Because of the reduced dredging the alternative is considered environmentally superior. This alternative would not meet the basic project objectives, however, and is therefore rejected as infeasible. in addition, this alternative would allow for the eventual development of 40,000 sq.ft. of corttmercial development on the project site. u n H F �I __ fly ).Y• ,1 The potential for alternative project locadOas was examined in order to reduce or alleviate the potential environmental effects on upper bay resources. the following sites were evaldated: Lower Newport Bay, West Newport/Newport Shores, Dana Point and Huntington/Sunset Harbor. These locations were rejected due to the absence of available sites within the location, the lack of City jurisdiction over the area and/or that similar development on these sites would result in similar environmental effects. In the consideration of the project and the alternatives to the project, the City Council has incorporated two of the design alternatives in order to reduce the significant effects of the proposed project. These are thd'reduction of the size of the tsarina to 121 slips in order to reduce the dredging impacts of the proposed project and the alternate long term site access design to a signalized access point at Cliff Drive. The alternate site access will eliminate the need to construct a temporary access road on the Upper Castaways site and will provide safer long term access to the proposed project. Conclusion On the basis of the information presented above, the City Council has determined that none of the project as modified by the two design alternatives will accomplish the project objectives while substantially reducing the environmental impacts of the project. neStatement ofOverriding Considerations (Exhibit 2) hroudbeapreasons , why the City Council has determined that the proposed project even though it will contribute to significant project related and cumulative effects that cannot be fully mitigated. rLT_\a\,me\CJR133A A-26 :j Exhibit 2 Y: • k,vl • .. • • • I At The California Environmental Quality Act requires a public agency to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project. The City of Newport Beach has determined that the unavoidable risks of this project are acceptable and are clearly outweighed by specif c social and other benefits of the project. In making this determination, the following factors and public benefits were considered: 1. The proposed project is consistent with other existing uses in the vicinity of the project and the community in general. 2. The proposed project represents infill development located in an urban area where adequate facilities and services exist. 3. The density and intensity of the project is appropriate onal roadway 4. The proposed projectwill thetCityseto a fair share c ocall and Fair Share Traffic Contribution ordinance. improvements, specifically t5' $. The project will provide marina uses in the City of Newport Beach which are in great demand in the area. 6. The project will increase recreational resources and public access to the coastal resources of Newport Bay. 7, The project will preclude the development of 40,000 sq.ft. of retail or visitor serving commercial uses on the property as provided for in the Newport Beach General Plan. g. The project will incrementally improve the jobs/housing balance in the City due to the minimal commercial intensity of the marina project as compared to the use permitted by the Newport Beach General Plan. _ PLT:_\FD\a1R\MR13SORC H 73 hRR 06 '92 13:52 CNB - PROF/TECH COMMISSIONERS CALL u I III I H 1 P.2/7 November 21, 1991 MINUTES CITY OF ,NEWPORT BEACH afternoon peak hour traffic and circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and City Council Policy S-i. That the traffic study indicates that the project will neither cause nor make worse an unsatisfactory level of service on any major, primary -modified, or primary street. 1winim ' 1. That the design of the subdivision improvements will not conflict with any easements acquired by the public at large the for access through or use of the property proposed subdivision. 2. That the map as modified meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans, and the of .Planning Commission is satisfied with the plan subdivision. 3. That the proposed resubdivision presents no problems from a planning standpoint. 4. 'That public improvements may be required of a developer per Section 19.08.120 of the Municipal Code and Section 66415 of the Subdivision Map Act. 1. That the applicant redesign the proposed site access point to be via a new road from the marina parldng lot to the Dover Drive/Cliff Drive intersection to form a 4-way, signalized intersection as shown in the EiR as an alternative Site Access Road (Exhibit 6-7). M1 INDEX bit POOR QUALITY ORIGINAL (S) I I I I I I I I I I I LJ I c 'P. 92 13:53 CNB — PROF/TECH MINUTES ISSi0NERS November 21, 19.91 CITY OF NEWPORT BEACH 2. That the boundary of the proposed parcel map be revised to reflect the revised access point via the Dover Drive/Cliff Drive intersection and that a parcel map be recorded prior to issuance of Building Permits unless otherwise approved by the Public Works and Planting Departments. That the Parcel Map be prepared so that the Bearings relate to the State Plane Coordinate System. Monuments (one inch iron pipe with tag) shall be set On Each Lot_ orner unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of construction project. 3. That all improvements be constructed as required by Ordinance and the Public Works Department. 4. That a standard subdivision agreement and accompanying surety be provided in order to guarantee satisfactory completion of the Public improvements if it is desired to record a parcel map or obtain a -building permit prior to completion of the public improvements. 5. That the design of the private access drive conform with the City's Private Street Policy (L-4), except as approved by the Public Works Department. The Basic drive width shall be 26' (no parking) or 32' (parking one side). The location, width and configuration of the private drive shall be subject to further review and approval of `the Traffic Engineer. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. 6. That the intersection of the private access road and Dover Drive be designed to provide sight distance for a speed of 45 miles per hour. Slopes, landscape, walls and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty-four inches in height. The sight distance requirement may be modified at non -critical locations, -65- I '• MAR 06 192 13:54 CNS - PROF/TECH .,.•- C.dMMISS10NERS jovember ZI, CITY OF NEWPORT BEACH I 1 I i II I i I I t _! I 1991 P. 417 „' * _ _ subject to approval of'the Traffic Engineer. In order to provide sight distance northerly of the intersection, the existing slope will have to be laid back. 7. That a 6icycIe,connection be made at the intersection of Dover Drive and Cliff Drive to provide a connection between the on -street bicycle trail and the bluff! f4cle *ail along the upper Castaway site. The desfgft of the connection shall be, reviewed and approved by the Public Works Department. 8. That a pedestrian easement.be dedicated to the public along the bay adjacent the bulkheads and the proposed wood pier with an access easement, from Dover Drive. That a pedestrian easement be dedicated to the public from the northerly vehicle turn -around to the shoreline of the Upper Castaway site. That the pedestrian easements be improved with an all weather surface as approved by the Public Works Department and that a stairway be constructed from the northerly turn -around 'to the shoreline of the Upper Castaway site to the Lower Castaway site adjacent to the bluff and that access to the bayfront be provided. • The design of the stairway sball be approved by the Public Works Department. The pedestrian easements shall be 10' wide where applicable or as otherwise approved by the Public Works Department. 9. That the 30" water line bg accurately located prior to the commencement of grading and construction and that a 20 foot wide water line easement be dedicated with the water line in the center of the easement. That the proposed project be designed so that it does not disturb the existing 30-inch water main, or if this cannot be achieved, the project design must include provisions for relocating the water main and providing an appropriate easement in accordance with City requirements. Structural encroachments and trees will not be permitted over the water main. -66- INDEX -71 I 13-'56 CNB - PROF/TECH P 5/7 NER8 November 21, 1991 MINUTES ,cam CITY OF .NEWPORT BEACH SOL L CALLJ J I Jill l I INDEX 10. That the control gates at the entrance be designed to provide a turnaround prior to the gates. The design of the controlled entrance shall be reviewed and approved by the Public Works Department and Fire Department. That excess parking for the site shall be located outside the ' control gates for public parking unless otherwise approved by the Public Works Department, 11. That easements for public emergency and security ingress, egress and public utility purposes on the access drive and parking lot be dedicated to. the City as required and that all easements be shown on the parcel maps. That a storm ' drain easement be provided across the Lower Castaway site to serve the Upper Castaway site for future storm drain construction with the location and width to be approved by the Public Works Department. 12. That asphalt or concrete access roads 'shall be provided to all public utilities, vaults, manholes, and junction structure locations, with width to be approved by the Public Works �. Department. 13. That all vehicular access rights to West Coast Highway and Dover Drive except for one access opposite Cliff Drive be released and relinquished to the City of Newport Beach. 14. That a traffic signal be designed and constructed by the developer at the intersectjon of Dover Drive and Cliff Drive prior to opening of the -facility and that the developer pay 50% of the design and construction costs. ' 15. That street, drainage and utility improvements be shown on standard improvement plans prepared by a licensed civil ' engineer. 16. Existing on -site drainage facilities shall be improved to the i satisfaction of the Public Works Department. A hydrology and hydraulic §tudy be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the ' -67 1z n n 1 a�4,fMPR 06 '92 13:57 CN13 — PROF/TECH commissIONERS 91TY OF- NEWPORT .L, .CALL P.6/7 November21, 1991 MINUTES BEACH on -site improvements prior to issuance of any grading permits, building permits or recording of the parcel map. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the -developer. 17. That a new storm drain be constructed to the bay to serve the site as the existing City storm drain does not have adequate capacity. 18.' That the water system for the development be a looped system A minimum of two, (2) on -site fire hydrants shall be provided at locations to be approved by the Fire Department. Fire flow for the project shall be a minimum of 3,000 gpm 19. That prior to issuance of any grading or building permits for the site, the applicant shall demonstrate to the satisfaction of the Public Works Department and the Planning Department that adequate sewer facilities will be available for the project. Such demonstration shall include verification from the Orange County Sanitation District and the City's Utilities Department. 20. That County Sanitation District fees be paid prior to issuance of any building permits. . 21. That any Edison transformer and water system detector check valves serving the site be located outside the sight distance planes as described in City Standard 110-L. 22. That overhead utilities serving the site be undergrounded to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code. 23. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. M INDEX J3 I H LI C' H H 1 LI MAR 06 '92 13:58 CNB - PROF/TECH OMyMISSIQNERS r.v/r November 21, 1991 MINUTES CITY OF NEWPORT BEACH INDEX ALL Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. Prior to issuance of a grading permit by the City, the applicant shall present a traffic management program to manage construction -related traffic access to the project site and to ensure safe turning movements onto Dover Drive. Such a plan shall describe the use of signage and flag people and include any requirements of the Police Department and the Public Works Department. There shall be no construction storage or delivery of materials within the state right-of-way or construction storage of materials within the Dover Drive right-of-way. Prior to issuance of any Grading Permits, a parking plan for workers must be submitted and approved by the Public Works Department. Trucks used for hauling the Dredged material must be clean from falling debris prior to entering public streets. The last 100' of haul road adjacent to 16th Street shall be paved with asphalt with another 100' of aggregate adjacent to the asphalt to clean truck tires, unless an alternate plan is approved by the Public Works Department. A plan for cleaning the trucks must be approved by the Traffic Engineer. 24. That the new bulkheads shall be constructed to a minimum elevation of.9.00 M.LLW. (6.27 MSL). 25. Deleted. 26. That the Public Works Department plan check and inspection fee be paid. a a a -69- q F L n J I 1- u CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 PLANNING DEPARTMENT (714) 644-3225 February 26, 1990 RECEIVED Mr. Randy H. Mason Cash & Associates Engineers FEB E7 1990 P.O. Box 38 CASH Cr ASVrIAT$ Long Beach, CA 90801 SUBJECT: Disposal of Hydraulic Fill Material from Castaways Marina Site Dear Randy, This letter is intended to affirm the preference of the City of Newport Beach to off- shore disposal of hydraulic fill material from the Castaways Marina Project. Based upon past experience, the disposal of such materials off -shore would result in far less disruption to the community, since land based disposal would result in a significant amount of truck traffic on already congested arterial highways. Additionally, the air quality impacts associated with off -shore disposal are anticipated to be less than those associated with land based disposal. If I can provided additional help in this matter, please give me a call at the above number. Very truly yours, PLANNING DEPARTMENT JAMES D. HEWICKER, Director ' By atricia Temple Principal Planner PLT 'LTR\CASH1 3300 Newport Boulevard, Newport Beach r I DETAIL Oe TRASH — ENCLOSURE PUBLIC SEE DE SEE BRIDGE 1 SIGN 9C', C N T.S. I ( 1 �j �i_7�1 FUTURE R/W PUBLIC ACCESS SIGN SEE DET Oi EXISTING R/W — �I \ EXISTING TRAIL TO REMAIN. PUBLIC / BIKEPATH ACCESS TO EXISTING TRAIL. EXISTING TRAIL TO BE REMOVED. �-CRIB WALL ENING TO MARINA i WALL ry ` ACCESS ROAD WASH /ACCESS. CRIB WALL PUBLIC RESTROOM FLOOR PLAN rr r 1/4'-1'-0' 1 ( 2 UPPER CASTAWAYS SITE - — — — . _ —IL PUBLIC BIKE RACKS (CAPACITY = 12) -15 / NEW BULKHEAD / 1 / CRIB WALL / / Y �2 PUBLIC ACCESS STAIRWAY / LIMITS OF "YOY" / HALIBUT ZONE ADJUDICATED LINE OF MEAN ORDINARY / HIGH TIDE �12'-0" PUBLIC ACCESSWAY / ?� \ / PUBLIC BEACH / / — \L ACCESS RAMP E I TI7rE�XITIN STA, 125 � / TA. 126EXISTIN �— BULKHEAD PUMP -A -HEAD / \ / / 200' WIDE STA 127 / ACCESS CHANNEL / �. 1 SUBMERGED REVETMENT / Y / AREA OF SENSITIVE / HABITAT y�cy / Q Z Q � Z a a 3 a H J N w c _ SCME PRQECT NUMBER 249203 CRAM NUMBER PLAN 71 SHEET 1 OF 3 SHEETS 1 PARCEL 4.879 ACRES BLOCK: MODULES: n PARCEL MAP NO. 88 - 103 IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE STATE OF CALIFORNIA BEING A SUBDIVISION OF A PORTION OF LOT 1 AND LOT 2 OF TRACT NO. 1125, AS SHOWN ON A MAP RECORDED IN BOOK 39, PAGES 7 AND 8 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. WE, THE UNDERSIGNED, BEING THE ONLY PARTIES HAVING ANY RECORD TITLE INTEREST IN THE LAND COVERED BY THIS MAP, DO HEREBY CONSENT TO THE PREPARATION AND RECORDATION OF SAID MAP, AS SHOWN WITHIN THE DISTINCTIVE BORDER LINE. THE IRVINE COMPANY, A MICHIGAN CORPORATION BY: BY: - - - - - STATE OF CALIFORNIA ) COUNTY OF ORANGE )5 SS ON THIS-- DAY OF - 199 , BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED _ .- AND PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE AND _ RESPECTIVELY, OF THE IRVINE COMPANY, THE CORPORATION THAT EXECUTED THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHO EXECUTED THE WITHIN INSTRUMENT ON BEHALF OF SAID CORPORATION AND ACKNOWLEDGED TO ME THAT SUCH CORPORATION EXECUTED THE SAME. WITNESS MY HAND NOTARY PUBLIC IN AND FOR SAID STATE MY PRINCIPAL PLACE OF BUSINESS IS IN _-COUNTY MY COMMISSION EXPIRES SIGNATURE OMISSIONS: PURSUANT TO THE PROVISIONS OF SECTION 66436 (a) (3) (a) OF THE SUBDIVISION MAP ACT, THE FOLLOWING SIGNATURES HAVE BEEN OMITTED: 1. THE COUNTY OF ORANGE, HOLDER OF AN EASEMENT RECORDED IN BOOK 6965, PAGE 721 OF OFFICIAL RECORDS 2. PACIFIC TELEPHONE AND TELEGRAPH CO., HOLDER OF EASEMENT BY DEED RECORDED IN BOOK 139, PAGE 147 OF OFFICIAL RECORDS 3. THE CITY OF NEWPORT BEACH, HOLDER OF AN EASEMENT BY DEED RECORDED IN BOOK 221, PAME 76 OF OFFICIAL RECORDS 4. HEINZ KAISER, LESSEE UNDER LEASE RECCRDED IN BOOK 68133, PAGE 305 OF OFFICIAL RECORDS DULIN AND BOYNTON LICENSED SURVEYORS, INC DOUGLAS BOYNTON, P.L.S. 4787 NOVEMBER, 1992 lUR`/EY4R'5_ CERTIFICATE_ THIS MAP WAS PREPARED BY ME OR UNDER MY SUPERVISION AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCES AT THE REQUEST OF THE IRVINE COMPANY, IN NOVEMBER, 1992. I HEREBY CERTIFY THAT ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED, AND THAT SAID MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. I HEREBY CERTIFY THAT THIS PARCEL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY. DOUGLAS BOYNTON L.S. 4767 LICENSE EXPIRES: 9-30-96 CITY ENGINEERS'S CE.RTIFICA-TFL THIS MAP CONFORMS WITH THE REQUIREMENTS OF THE SJBDIVISION MAP ACT AND LOCAL ORDINANCES. DATED THIS- _ . - DAY OF-.-_- -- _ _ _- 199_ DONALD L. WEBB, JR. CITY ENGINEER CITY OF NEWPORT BEACH R.C.E. 16791 REGISTRATION EXPIRES: 6/30/93 OUNTY SURVEY4R_'S_ CERTIFICATE: THIS MAP CONFORMS WITH THE MAPPING PROVISIONS OF THE SUBDIVISION MAP ACT AND I AM SATISFIED SAID MAP IS TECHNICALLY CORRECT. DATED THIS_ —DAY OF , 199_. m COUNTY SURVEYOR CJ_TY_ CLER_K'S CERTIFICATE: DEPUTY I HEREBY CERTIFY THAT THIS MAP PRESENTED FOR APPROVAL TO THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AT A REGULAR MEETING THEREOF HELD ON THE —OF , 1993, AND THAT THEREUPON SAID COUNCIL DID, BY AN ORDER DULY PASSED AND ENTERED, APPROVE SAID MAP. AND DID ALSO APPROVE SUBJECT MAP PURSUANT TO THE PROVISIONS OF SECTION 66436 (a) (3) (A) OF THE SUBDIVISION MAP ACT. DATED THIS _-_ -.- DAY OF ___--___ ..__ 1993 CITY CLERK OF THE CITY OF NEWPORT BEACH _OUNTY_TREASURER --. TAX -COLLECTOR'S CERTIFICATE: STATE OF CALIFORNIA > SS COUNTY OF ORANGE J I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF MY OFFICE THERE ARE NO LIENS AGAINST THE LAND COVERED BY THIS MAP OR ANY PART THEREOF FOR UNPAID STATE, COUNTY, MUNICIPAL OR LOCAL TAXES, OR SPECIAL ASSESSMENTS COLLECTED AS TAXES, EXCEPT TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES NOT YET PAYABLE. DATED THIS_ _ -. -DAY OF 1993, ROBERT L. CITRON BY____.______-_ _ COUNTY TREASURER — TAX COLLECTOR DEPUTY TREASURER — TAX COLLECTOR ..QLERK _QF THE BOARD Of. suP.ERASORS' TAX, CERT1ECAJTF�'_ STATE OF CALIFORNIA SS COUNTY OF ORANGE J I HEREBY CERTIFY TO THE RECORDER PROVISIONS OF THE SUBDIVISION MAP REGARDING DEPOSITS TC SECURE THE ASSESSMENTS COLLECTED AS TAXES c MAP. DATED THIS_ DA• OF_ CLERK OF THE BOARL. , SJPERVISOF RESUB. NO. 972 e SHEET 2 OF 3 SHEETS 1 PARCEL 4.879 ACRES BLOCK: PARCEL MAP NO. 88 - 103 BLOC MODULES: IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE STATE OF CALIFORNIA FD OCS MON ---�� PER FB A/SW-IRV PG 322 0.14N 0.00E p� �^O n co 2 ,A, � - 02'55'42" R = 800.00' L = 40.88' CLIFF DRIVE -- ____ N86- 0- 4!24"6 FD OCS WELL MON PER FB A/SW-IRV PG 317 0 = 03'46'37' R = 800.00' L = 52.74' ZONE VI BEING A SUBDIVISION OF A PORTION OF LOT 1 AND LOT 2 OF TRACT NO. 1125, AS SHOWN ON A MAP RECORDED IN BOOK 39, PAGES 7 AND 8 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. DULIN AND BOYNTON LICENSED SURVEYORS, INC DOUGLAS BOYNTON, P.L.S. 4787 NOVEMBER, 1992 I W'LY LINE TR 1125 I QQVER DRIVE \ _ A = 47'00'15" R = 800.00' T = 347.88' L = 656.30' ,W (Rd1i - r575 59 4655 39aW�Rd1�, 76.32' L3 C8 / C9 FD DOT 1" I.P. (NO REF) 0.13'S / / LINE DIRECTION I DISTANCE L1 N71'42'58'E 48.38' L2 N14.04'07'E 20,98, L3 N86.05'56'E 40.86' CURVE I RADIUS I LENGTH TANGENT I DELTA C1 711,00' 112,73' 56,48' 09'05'04' C2 110.00, 26.89' 13,51' 14*00'31' C3 130.00, 44.58' 22,51' 19'39'00' C4 721.00' 50.70' 25.36' 04.01145' C5 130,00' 44.58' 22.51, 19'39'00' C6 110,00, 26.89' 13.51' 14.00'31' C7 711.00' 128.80, 64.58' 10022'46' C8 725.00' 71,30' 35.68' 05'38'05' C9 116.00' 257,52' 233.67' 127'11'52' C10 57,50' 55.87' 30.36'. 55'40'07' Cll 71.00' 58.93, 31,28' 47'33'26' C12 379.30' 74,93' 37,59' 11'19'07' RESUB. NO. 972 FD CONIC MON STA 124 PER TR 1125 0.08N 0.07W ' \ \ VES I E'LY LINE TR 1125 2 . � DOSI D UA L Z S% D DOL cl FD CONC MON \OT ON 20.08E PER TR 1125 VC7 FD DOT 1" I.P. (NO REF) DOVER DRIVE i �439Y,� E- d)5- - - 40'28'11" y N N85'18'49'E(Rdl) R - 800.00' PCC C4 T = 294.90' L = 565.06' C3 NOTES: O 2'I.P. TO BE SET DOVER DRIVE L&T&T TO BE SET p FOUND SPIKE O FOUND LEAD & TACK & TAG O FOUND IRON PIPE O.R. 139/47, THE IRMNE COMPANY 7 92' L2 LOT 2 m TRACT NO. 1125 r r C6 306.05' ESMT #2r- S>Ov, / T R 317.00 02@ O.R. 221 /76 i 02 f \� 6A 05 / 2 3.00' 20321 �- 22•p0 E ESMT #3 22.79 4723529 N86'29'13"E O.R. 139/47 AND C2 CITY OF NEWPORT BEACH RECORDS E'LY LINE O.R. 13004/1187 LOT 1 Cl TRACT NO, 1125 N'LY LINE O.R. 13004/1183 AND PACIFIC TELEPHONE AND TELEGRAPH C12 FD DOT L&T&T EASEMENT. N19'45'40"E 1• (NO REF) O.R. 221/76, THE IRMNE COMANY / al, \ N70,28p, 6302 '52 AND LAGUNA BEACH WATER DISTRICT �L? 1g� 12 . -14'W 5085 EASEMENT. DOVER DRIVE / .N C11 ^'y' N71•4.2p2� N7 � = 19'34'42" T - 138.03' 2 L1 L = 273.37' FD DOT L&T&T 0.07' E 2\ (NO REF) ` �\ \> S� N z I P PACIFIC COAST HIGHWAY �Q PC�F�� A = 17'55'46' ' � � � 4.\ gfi N SEE DE AI S T 3 R 998'DO `� \ 284' 02'52'37" .� T = 157.44' I R 1200.00' FD DOT SQ SPK L - 312.30' 2 - 16'S1"E L 60.26' p. (133+00.0) ` i' I R = O6'S4'02' ep.2 N70' PER SR81-115-3 L = 120.20' _ i A 09'24'21' R 998.00' S'LY LINE TR 1125 L = 163.83' FD DOT SPK/W �- 318.78' PER SR81-115-4 N88'12'17"E 67.06 S;1372 E i wi N of ol µ � o� 11.06, w N O O N O h oM tA A Nv d moo' S y ZI 4 p�2U of c rn' N hp u � N (� O 2 2 0 04e� Q� co VO 127 FD /J 7 PACIFIC COAST HIGHWAY 0 = 39'49'50" - R = 1200.00' T = 434.76' L = 834.21' C0 = 01.02'02" FD DOT SPK/W GRAPHIC SCALE R = 4.44' ' PER SR81-115-3 L =14.44' eo a 4o eo 1so LD CENTERLINE PACIFIC COAST HIGHWAY ( IN FEET ) 1 inch = 80 ft FD SPK/W PER SR81-115-6 0.14N 0.06E i u SHEET 3 OF 3 SHEETS 1 PARCEL 4.879 ACRES BLOCK: PARCEL MAP N O . 88 - 103 BLOC MODULES: IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE STATE OF CALIFORNIA BEING A SUBDIVISION OF A PORTION OF LOTS 1 ANC2 OF TRACT 1Jn. 1125, AS SHOWN ON A MAP RECORDED IN BOOK 39, PAGES 7 AND 8 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. E-ASEMENT NQ.-1 EASEMENT TO CITY OF NEWPORT BEACH FOR PUBLIC ACCESS AND TRAFFIC SIGNALIZATION �J 5"14;55-�9-�l�Rd\i '- 76.32 N86-05'56"E / N86'05'56"E L� - 02*55'23" i --- R = 800.00' T = 20.41' L = 40.81' N86'04'24"E _ CLIFF DRIVE i i DULIN AND BOYNTON LICENSED SURVEYORS, INC DOUGLAS BOYNTON, P.L.S. 4787 NOVEMBER, 1992 A = 05'38'05" R = 725.00'/ T = 35.68' j = 71.30' = I / t2711'52" /R = 116.00'/ T =233.6T L = 257.52'�', / / / ESMT 1 24,215 sq ft J � i ol/Nam+ 10211 e� 1 i 1317 57,w�RdQ p =1 07*38'08" p = 14'00'31" - R = 110.00 T = 7.34' - R 110.00'- - �C61 T = 13.51' S77e, L 14.66' ---- - ------ - - \ N6 L = 26.89' ' ?765 " 2 W 160.99' � = 19'39'Oo" C5 Ie R = 730.00' r N89.43 O8 T = 22.51' L = 44.58' i - N78'5416"E�RdI) \ 0 - 13'14'27" - R = 130.00' _ _ I T = 15.09' N85'18'49"E(Rdl) L - 30.04' 0 = 06'24'33" R = 130.00' T 7.28' L = 14.54' DETAIL "A" (N.T.S.) RESUB. NO. 972 -r -- T 7- � DOVER DRIVE \ � ✓� PER OCS � SW LY CORNER / - LOT 1 \ DOVER DRIVE-.- / TRACT 1125 FD DOT SPK15 PER TR 1125 \ \ p = O6'54'02" PER SR81-1-4 7 7 R = 998.00" - \ L = 120.20' P.0.In. O.R. 13004/1183-1186 / FD DOT SPK/W 1 O.R. 13004/1187-1191 N PER SR81-115-1 -- Poc PACIFIC COAST HIGHWAY I PER CCM ORA001-M184 - 1 N N88'12'17"E ��- 22.93' � �- OLD PACIFIC COAST HIGHWAY '� 94 io •, 0.' y. PER CCM 111.31 �� �• BAYSHORE DRIVE _ z 31 0 \ PER CCM ORA001-M148 OiI _ o, DOVER DRIVE PER CCM ORA001-M184 / rn \ � 0 00 o N ' Z EASEMENT NO. 3 EASEMENT TC CITY CF GE(WF(('RT REACH L -)P 'PA I I 'L Y �, = JC'16'57" R = 721.nC' T = 1.78' 3.:)5' I I p = 16*15'58" R = 130.00' T = 18.58' L = 36.91' N89-03'37"E(Rdl) 62-08' -� p = 19,39,00, N89-20'34"E(Rdl) N 9'43'Ofl'E o 1 % R = 130.00' / o .p T = 22.51' / ESMT 3 /rn L = 44.58' ,s>473'2g"E(R� / 2,540 sq ft'/ o - 67.01' A = 03'23b2" N>7 p0 �869'43'08"E R = 130.00' T = 3.84" - ---- p = 14'00'31" L = 7.68' N85'00'S7" `` pp R = 110.00' _W(Rdl) 'L T = 13.51' 0,C2 L = 26.89' Q----i I EAS EMEN T-ff_- 2 EASEMENT TO CITY OF NEWPORT BEACH FOR PUBLIC ACCESS AND WATER LINE. 18.06' N00'16152"W 60.00' j N 89'43'08"E j / ,/ESMT 2/ /16,232 sq ft. / % 482.75' / N89'43'08'E GRAPHIC SCALE 40 80 ( IN FEET ) 1 inch - 40 ft. 13.06' NOOt652 W 101.00' / 0 1 o N / / o O 133 6d i /M N / M 10.06 0 n--_-f ____�`.� 2 / N00'16'52"W % j� I I n I_ H n i F I CJ LJ I STATE OF CALIFORNIA—THE RESOURCES AGENCY PETE WILSON, Gowmor CALIFORNIA COASTAL COMMISSION.. Page 1 of 4 SOUTH COAST AREA ._ 245 W. BROADWAY, STE. 380 Date: Apri 1 8, 1993 ' P.O. BOX 1450 Permit Application No. 5-92-408 LONG BEACH, CA 90802J416 (310) 5M$071 NOTICE'-OF"INTENT TO'ISSUE'PERMIT On March 18, 1993 , the'California Coastal Commission granted to _ Calif. Recreation Co. (Irvine Co) Permit 5-92-408 subject to the attached conditions, for development'consisting-of:'' Construction of a 71 slip marina`including: 77,600 cubic yards of dredging, 5,500 cubic yards of excavation, replacement'.of'existing bulkhead wall, a 10,000 square foot, 56 space public parking lot,'"736 square foot, 12 foot high accessory structure to provide office, restrooms, and storage, slope stabilization and retaining wall and 2,000 square feet of landscaped area including a public walkway and viewpoint. A subdivision that would allow the subject lot to be reconfigured to encompass the area of the access road is proposed. Also proposed is mitigation to create new habitat area on Shellmaker Island in Upper Newport Bay. more specifically described in the application file in the Commission offices. The development is within the coastal zone in ORANGE County at 300 Dover Drive, Newport Beach The actual development permit-'is'being held in the Commission office until fulfillment of the Special Conditions imposed by the Commission. Once these conditions have been fulfilled, the'permit will be issued. For your information, all the imposed conditions are attached'."' ' Issued on behalf of the California -Coastal Commission on April B. 1993 PETER DOUGLAS Executive Director By: a1_ Title: Sta f Analyst ACKNOWLEDGMENT: The undersigned permittee acknowledges receipt of this notice of the California Coastal Commission determination on Permit -No. , and fully understands its contents, including all conditions imposed. Date Permittee Please sign and return one copy of this form to the Commission office at the above address. r NOTICE OF INTENT TO ISSUE PERMIT ' Page 2 of 4 Permit Application No. 5— 22-408 STANDARD CONDITIONS: 1. Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and'conditions, is returned to the Commission office. ' 2. Expiration. If development'has'not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be ' made prior to the expiration date. ' 3. Compliance. All development must occur in strict compliance with the proposal as set forth in the application for permit, subject to any special conditions set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. ' 4. Interpretation. Any questions of intent or interpretation of any condition wilI be resolved by the Executive Director or the Commission. 5. Inspections. The Commission staff shall be allowed to inspect the site and the project during its development, subject to 24—hour advance notice. 1 6. Assignment. The permit may be"assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. ' 7. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms ' and conditions. SPECIAL CONDITIONS: ' 1. Bicycle Racks The applicant shall provide bicycle racks on site, which shall be available to the ' general public. ' lb) Bicycle Trail Prior to issuance of the Coastal Development Permit, the applicant shall submit plans, approved by the City of Newport Beach, insuring that the historical bicycle ' trail on site will remain open to the public. I ' NOTICE OF INTENT TO ISSUE PERMIT Page 3 of 4 Permit Application No. 5-92-408 ' 2. Public Access a) The applicant shall place signage on site, visible from West Coast Highway ' and Dover Drive, indicating the public uses available on site. Prior to issuance of the coastal development permit, the applicant shall submit plan, for the review and approval of the Executive Director, indicating the design ' and placement of the signs. b) The applicant shall provide on site restroom and drinking fountain facilities. A portion of the proposed restroom facility may be retained for ' exclusive use of marina patrons, subject to the review and approval of the Executive Director. [1 1 3. Marine Resources Prior to issuance of the coastal development permit, the applicant shall submit, in a form and content acceptable to the Executive Director, a written agreement stating that they agree to abide by all terms of the Final Biological Mitigation Plan for Loss of Mudflat and Shallow Subtidal Habitat, Castaways Marina, prepared by Coastal Resources Management, and dated October 29, 1992. The written agreement shall specifically acknowledge the applicant's responsibility to carry out all restoration measures, maintain the channel depth of the mitigation site, and not begin any marina construction until all mitigation grading has been completed. The applicant shall report any proposed 'changes in the Final Biological Mitigation Plan approved by the Commission to the'Executive Director. Any changes in the plans approved by the Commission which the Executive Director determines to be substantial shall require an amendment to this permit. 4. Geologic Recommendations Prior to issuance of the coastal development permit, the applicant shall submit for the review and approval of the Executive Director, project plans signed by the geologic consultant indicating that all geotechnical recommendations contained in the Report of Geotechnical Exploration prepared by Converse Consultants, dated July 19, 1990 and updated December 14, 1992 have been incorporated into the design and construction plans for the project. The final plans approved by the consultant• shall be in substantial conformance with the plans approved by the Commission. The applicant shall report any proposed changes in the plans approved by the Commission to the Executive Director. Any changes in the plans approved by the Commission which the Executive Director determines to be substantial shall require. an amendment to this permit. rJ NOTICE OF•INTENT TO ISSUE PERMIT ' Page 4 of 4 Permit Application No. 5-92-408 ' 5. Assumption of Risk Prior to issuance of the coastal development permit, the applicant as landowner shall execute and record a deed restriction, in a form and content acceptable to the Executive Director, which shall'provide '(a) that the applicant understands that the site may be subject to extraordinary -hazard from geologic conditions and the applicant assumes the liability'from"such'hazards; and (b) that the applicant unconditionally waives any future -claims of liability against the Commission or its successors in interest for damage"from such hazards. The document shall run with the land, binding all successors and'assigns, and shall be recorded free of prior liens. ' 6..State Lands Commission Permit' - Prior to issuance of the coastal development permit, the applicant shall submit for the review and approval of the Executive Director, a copy of the State Lands Permit for dredging actrivities in State Lands. Any changes in the proposed development approved by the Commission which may be required by State Lands shall require an amendment to this permit. 1 7..Department of Fish and Game Prior to issuance of the coastal development permit, the applicant shall submit 1 for the review and approval of the Executive Director, a copy of written permission to remove salt marsh vegetation and to work within the Upper Newport Bay Ecological Reserve from the California Department of Fish and Game. Any ' changes in the proposed development approved by the Commission which may be required by Fish and Game shall require an amendment to this permit. 8247E 1807 13TH STREET SACRAHENTO, CALIFORNIA 95814 (TDD/TT) 1-800-735-2929 (916) 323-2694 RECEIVED IIIAR 2 :3 1993 March 12, 1993 File Ref.: W 24229 CASH & ASSOCIATES The Irvine Company dba ' California Recreation Company 1137 Bayside Drive Corona Del Mar CA 92625 ' Gentlemen: SUBJECT: Coastal Development Permit Application No. 5-92-408, Construction of a 71- ' . slip Marina Including 77,600 Cubic Yards of Dredging, Castaways Marina, Newport Beach ' Staff of the State Lands Commission (SLC) has reviewed the subject coastal development permit application scheduled for consideration by the California Coastal Commission on Thursday, March 18, 1993 (Item 11c). Based on this review, we offer the following comments. 1 A portion of the proposed dredging will be located waterward of the adjudicated mean high tide line as set forth in Superior Court Case #20436, onto lands granted to the County of Orange pursuant to Chapter 526, Statutes of 1919, as amended, with minerals ' reserved to the State. Therefore, a dredging lease is required. A review of our files indicates that by letters dated September 6, 1988, March 7, ' 1990, and October 3,1991, copies attached, both the City of Newport Beach and California Recreation Company were advised that a dredging permit from the SLC would be required. Enclosed is information relative to the SLC's application process. If you have any questions, please contact Linda Martinez at (916) 322-6375. f ' Sincerely, i L' �U/N ' JANE E. SMITH Staff Analyst ' Enclosure iF to cc: Meg Vaughn, CCC/LB MAR 17 1993 Linda Martinez Celtlarnla Recreation P�1. I FE '93 12:39 TO 1 FROM CRC 714 i20 9456 T-045 P.Ol STATI OF CAuRRMA—THE KESOUNCIS AGiNCY #M WILSO , Gomm, CALIFORNIA COASTAL COMMISSION SOUTH COAST AEEA 245 W. ROADWAY, M. M 'R.O. SOX 1100 WHO RACK, CA #DW2JA16 (SIG) MW11 IMPORTANT PUBLIC HEARING NOTICE CITY OF NEWPORT BEACH LAND USE PLAN AMENDMENT HEARING DATE AND TIME DATE: Friday, February 19, 1993 ' TIME: 9:00 a.m. PLACE: Shelter Island Marine Inn 2061 Shelter Island Drive San Diego (619) 222-0561 I SUMMARY OF REQUEST Request by the City of Newport Beach to amend the certified - Land Use Plan to change the land use designation at three sites, to alter the text describing two sites and to allow a revision to the dwelling unit allocation at one site. The proposed amendment to the Land Use Plan consists of four distinct sections. These are., A. A change in land use designation at two sites on Balboa Island: 323 Marine Ave. 1s proposed to be changed from Government, Educational and Institutional to Retail and Service Commercial; 124 Marine Ave. is proposed to be changed from Retail and Service Commercial to Government. Educational and Institutional. ' B. A parcel of land known as the Sayview Landing parcel, located at the . northwest corner of Coast highway and Jamboree Road, is proposed to have an additional alternative use (affordable senior housing) added td the options ' that Currently exist in the text of the land use plan addressing the site,,- C. Revision to the dwelling unit allocation for the Corona del Mar South statistical area to allow the subdivision of an existing single family residential parcel at 2209 Bayside Drive into two single family building sites. 0. the land use plan text describing the parcel of land known 6s Lower Castaway$., located at the torner of Coast Highway and Dover Drive, is proposed to be modified from 40#000 sq. ft. of commercial development to a 71 Slip commertial marina with 26000 sq. ft. of related support Uses such as attite, restrooms, showers Storage and maintenance facilities. Post -it" brand fax transmittal memo 787allolplo"W", Z To from a.�nc(u ct,_ 1_ i r-- I L !J I F I I I 1 1 11 STATE OF CAUFORNIA—THE RESOURCES AGENCY I r ( (� PETE WILSON, GoN CALIFORNIA COASTAL COMMISSION - SOUTH COAST AREA 245 W. BROADWAY, STE. M February 3, 1993 , P.O. !Ox 1450 LONG !EACH, CA 9DO024416 (010) S903071 TO: Commissioners and Interested Parties FROM: Chuck Dam, South Coast District Director Teresa Henry, Assistant District Director Meg Vaughn, Staff Analyst SUBJECT: Major Amendment Request No. 3-92 to the City of Newport Beach certified Land Use Plan (For Pubic hearing and Commission Action at the February 19, 1993 meeting in San Diego). SYNOPSIS BACKGROUND AND AMENDMENT DESCRIPTION The City of Newport Beach has requested to amend the certified Land Use Plan to change the land use designation at three sites, to alter the text describing two sites and to allow a revision to the dwelling unit allocation at one site. The proposed amendment to the Land Use Plan consists of four distinct sections. These are: A. A change in land use designation at two sites on Balboa Island: 322 Marine Ave. is proposed to be changed from Government, Educational and Institutional to Retail and Service Commercial; 124 Marine Ave. is proposed to be changed from Retail and Service Commercial to Government, Educational and Institutional. B. Revision to the dwelling unit allocation for the Corona del Mar South statistical area which would make the subdivision of an existing single family residential parcel at 2209 Bayside Drive into two single family building sites allowable. C. The land use plan text describing the parcel of land known as Lower Castaways, located at the corner of Coast Highway and Dover Drive, is proposed to be modified from 40,000 sq. ft. of commercial development to a 71 slip commercial marina with 2,000 sq. ft. of related support uses such as office, restrooms, showers, storage and maintenance facilities. D. A parcel of land known as the Bayview Landing parcel, located at the northwest corner of Coast Highway and Jamboree Road, is proposed to have an additional alternative use (affordable senior housing) added to the options that currently exist in the text of the land use plan addressing the site. The Land Use Plan of the City of Newport Beach was certified by the Commission with suggested modifications in November 20, 1981. The City adopted the Commission's suggested modifications and the LUP was effectively certified on May 18, 1982. The Commission has approved seven major amendments to the LUP since certification. I Newport Beach Land Use Plan Amendment No. 3-92 Page 2 SUMMARY OF STAFF RECOMMENDATIONS Staff recommends the Commission deny the request to amend the Land Use Plan as submitted and certify the requested LUP amendment with suggested modifications necessary to bring the amended LUP into conformity with the visitor serving provisions of the Coastal Act. ADDITIONAL INFORMATION Copies of the staff report are available at the South Coast District office located in the State Veterans Building, 245 West Broadway, Suite 380, Long Beach, 90802. To obtain copies of the staff report by mail, or for additional information, contact Meg Vaughn in the Long Beach office at (310) 590-5071. STANDARD OF REVIEW The standard of review for the proposed Land Use Plan Amendment, pursuant to ' section 30512(c) of the Coastal Act, is that the plan or any amendments thereto meet the requirements of, and is in conformity with the policies of Chapter 3 of the Coastal Act. SUMMARY OF PUBLIC PARTICIPATION Section 30503 of the Coastal Act requires public input in Local Coastal Program development. It states: During the preparation, approval, certification, and amendment of any local coastal program, the public, as well as all affected governmental agencies, including special districts, shall be provided maximum opportunities to participate. Prior to submission of a local coastal program for approval, local governments shall hold a public hearing or hearings on that portion of the program which has not been subjected to public hearings within four years of such submission. ' The City of Newport Beach has held numerous public hearings of both the Planning Commission and City Council regarding the proposed changes to the Land Use Plan. Names and addresses of those who commented at the public ' hearings were included in the amendment submittal and interested parties have been notified of the Coastal Commission's hearing on the amendment. STAFF NOTES: 1. The City has submitted a Coastal Development Permit application (5-92-480) for the construction of the Balboa Island fire station at the ' 124 Marine Avenue site. That application is scheduled to be heard at this Commission hearing. Commission action on that application is contingent upon -Commission action on this amendment request. ' 2. The Irvine Company, dba California Recreation Company, has submitted a Coastal Development Permit application (5-92-408) for the construction of a marina at the Lower Castaways site. It is anticipated that application ' will be heard at the Commission's March 1993 hearing. ' Newport Beach Land Use Plan Amendment No. 3-92 ' Page 3 ' Table of Contents t I. Denial as Submitted Notion I 4 4 Staff Recommendation 4 Resolution 4 ' II. Findings for Denial 4 A. Amendment Description 6 Background 4 ' B. Balboa Island C. Bayside Drive 5 6 D. Castaways Marina 7 E. Bayview Landing B III. Approval if Modified 9 Motion Id 9 Staff Recommendation Resolution 9 9 IV. Suggested Modifications 10 ' V. Findings For Certification If Modified 10 A. Findings for Denial Incorporation 10 B. Bayview Landing/Visitor Serving Facilities 10 1. Visitor Serving Uses 10 2. Visual Impacts 11 ' C. California Environmental Quality Act 12 ' LIST OF EXHIBITS - A. Newport Beach City Council Resolution No. 92-126 B. Newport Beach City Council Resolution Nos. 92-97 and 92-104 C. Newport Beach City Council Resolution No. 92-120 D. Balboa Island Land Use Plan Map (portion) E. Bayview Landing Vicinity Map F. Bayview Landing Land Use Plan Map G. Bayside Drive Vicinity Map ' H. Bayside Drive Parcel Map I. Castaways Marina Vicinity Map J. Vicinity Map (four sites) ' Newport Beach Land Use Plan Amendment No. 3-92 Page 4 ' I. DENIAL AS SUBMITTED ' Staff recommends adoption of the following motion and resolution: MOTION I: ' "I move that the Commission certify the Land Use Plan amendment as submitted by the City of Newport Beach." ' STAFF RECOMMENDATION Staff recommends a NO vote, and the adoption of the following resolution and ' findings. An affirmative vote by a majority of the appointed Commissioners is needed to pass the motion. RESOLUTION TO DENY CERTIFICATION: . The Commission hereby denies certification of the City of Newport Beach Land Use Plan as amended for the reasons discussed below and that the amendment ' fails to meet the requirements of and does not conform to the policies of Chapter 3 of the Coastal Act to the extent necessary to achieve the basic state goals specified in Section 30001.5 of the Coastal Act. ' II. FINDINGS FOR DENIAL A. Amendment Description and Background The City of Newport Beach has requested to amend the certified Land Use Plan to change the land use designation at three sites, to alter the text ' describing two sites and to allow a revision to the dwelling unit allocation at one site. The proposed amendment to the Land Use Plan consists of four distinct sections. These are: ' 1. A change in land use designation at two sites on Balboa Island: 323 Marine Ave. is proposed to be changed from Government, Educational and Institutional to Retail and Service Commercial; 124 Marine Ave. is proposed to ' be changed from Retail and Service Commercial to Government, Educational and Institutional. ' 2. Revision to the dwelling unit allocation for the Corona del Mar South statistical area to allow the subdivision of an existing single family residential parcel at 2209 Bayside Drive into two single family building sites. ' 3. The land use plan text describing the parcel of land known as Lower Castaways, located at the corner of Coast Highway and Dover Drive, is proposed to be modified from 40,000 sq. ft. of commercial development to a 71 slip commercial marina with 2,000 sq. ft. of related support uses such as office, restrooms, showers storage and maintenance facilities. ' 4. A parcel of land known as the Bayview Landing parcel, located at the northwest corner of Coast Highway and Jamboree Road, is proposed to have an additional alternative use (affordable senior housing) added to the options that currently exist in the text of the land use plan addressing the site. ' Newport Beach Land Use Plan Amendment No. 3-92 Page 5 The amendment submittal includes four distinct components. Three of the four are in conformity with the Chapter Three policies of the Coastal Act as ' submitted. One is inconsistent, and therefore the amendment must be denied as submitted. Following is a description of each of the amendment's four components. The three components that are in conformity are presented first. B. Balboa Island The first of the four proposed changes is a request to change the land use ' designation at two sites on Balboa Island: 323 Marine Ave. is proposed to be changed from Government, Educational and Institutional to Retail and Service Commercial; 124 Marine Ave. is proposed to be changed from Retail and Service Commercial to Government, Educational and Institutional. Also additional text ' is proposed to be added to the Land Use Plan text describing Balboa Island, which is found on page 54 of the LUP. The additional wording specifically limits the site at 124 Marine Avenue for use as the new Balboa Island fire ' station. Balboa Island is primarily residential. Most of the small residential lots were originally developed for use as seasonal cottages. As a result, the ' Island's development pattern is one of small lots, and narrow streets. However, the Island is a popular visitor destination. Balboa Island has two t commercial areas: Marine Avenue and a portion of Agate Avenue. Marine Avenue is the primary visitor serving corridor for the island, providing numerous restaurants and visitor serving retail shops. The Balboa Island Ferry arrives and departs from the end of Agate Avenue. The ferry connects the Island with ' the Balboa Penninsula, and is a popular tourist attraction. A public walkway exists along the entire perimeter of the Island. Some sandy beach areas also exist at street ends. ' The Newport Beach Fire Department classifies Balboa Island as a high risk because of the density and lack of clearance between structures, building age ' and construction types, and narrow street widths. Balboa Island's attraction as a tourist destination for shoppers and beach users results in an increased occurance of medical emergencies. The Balboa Island fire station is currently located at the site of 323 Marine Avenue. The current land use designation of Government, Educational and Institutional reflects this use. The existing fire station building was ' constructed in 1931 of unreinforced masonry, and has been declared seismically unsafe by the Building Department. Pursuant to the Newport Beach Municipal Code it is required to be reinforced by January 1, 1994, or be demolished. The Fire Department has indicated that the existing structure could not be ' brought into compliance because the required seismic reinforcement would make the apparatus door opening too small to accommodate the fire engine. ' The City has acquired the property at 124 Marine Avenue and intends to construct a new fire station at that location. An application for a Coastal Development Permit for construction of the new fire station is to be heard at ' this same Commission hearing (5-92-480, City of Newport Beach). The Commission's action on that application is contingent upon the action on this segment of the LUP amendment. The site is comprised of two lots and is currently vacant. It was previously developed as a gasoline service station. Newport Beach Land Use Plan Amendment No. 3-92 Page 6 ' The site has undergone demolition of the gasoline service station, removal of all underground gasoline storage tanks and other petroleum by—product material, and soil remediation. The current land use designation at this site ' is Retail and Service Commercial. Section 30250 of the Coastal Act requires new residential, commercial, or ' industrial development to be located in existing developed areas able to accommodate it and where adequate public services are provided and where it will not have significant adverse impacts on coastal resources. Section 30252 of the Coastal Act requires new development to maintain public access to the ' coast by assuring that new development will not overburden coastal access roads. During peak use periods, Marine Avenue often suffers heavy congestion. The proposed location for the fire station would mean that when ' responding to most emergency calls on the Island, fire apparatus would not be required to use Marine Avenue. This would also result in a reduced burden to visitor use of Marine Avenue. ' The proposed land use designation change at 323 Marine Avenue, from Government, Educational and Institutional to Retail Service and Commercial will result in a higher priority use under the Coastal Act. Section 30213 of ' the Coastal'Act provides that visitor serving uses shall be protected and encouraged. Therefore, the Commission finds this change in land use designation in conformity with the Chapter Three policies of the Coastal Act. 'the change in land use designation at the two sites will facilitate the City's required fire station replacement with no net loss of visitor serving commercial uses in the area. The visitor serving facilities will be protected as required by Section 30213 of the Coastal Act. Therefore, the Commission finds that as proposed this portion of the Land Use Plan Amendment is in conformity with the Chapter Three policies of the Coastal Act. C. Bayside Drive The second portion of the Land Use Plan Amendment request includes a request to revise the dwelling unit allocation for the Corona del Mar South statistical area which could allow the subdivision of an existing single family residential parcel at 2209 Bayside Drive into two single family building sites. The existing lot size at 2209 Bayside Drive (excluding area seaward of the bulkhead location approved by the City) is in excess of 21,000 square feet. ' If allowed to be subdivided, the two resultant lots would still exceed the minimum lot size specified in the City's Zoning and Subdivision Codes. Both of the parcels would comply with minimum design standards relative to lot area, width and depth. The two parcels would be consistent with the existing surrounding lots. ' Section 30250 of the Coastal Act requires that new residential development not have significant adverse effects, either individually or cumulatively on coastal resources. The proposed amendment would allow an increase in the allocation of dwelling units in the Corona del Mar South area, described on page 58 of the LUP. The amendment would increase the dwelling unit allocation from 1,072 to 1,073. In this case because the addition of the single new dwelling unit is proposed in an area able to accommodate it and, if the ' Newport Beach Land Use Plan Amendment No. 3-92 Page 7 ' subdivision is subsequently approved, it will be consistent with lot sizes existing in the area. The proposed amendment will not result in adverse effects either cumulatively or individually on coastal resources. Therefore, ' the Commission finds that as proposed this portion of the LUP amendment is in conformity with the Chapter Three Policies of the Coastal Act. The local approvals also addressed a specific subdivision at 2209 Bayside Drive. However, such a subdivision would require a Coastal Development Permit, in addition to approval of this portion of the LUP amendment. ' D. Castaways Marina The third component of the Land Use Plan Amendment is a request to modify the ' land use plan text describing the parcel of land known as Lower Castaways, located at the corner of Coast Highway and Dover Drive. The proposed modification includes a change from an allotment of 40,000 square feet of commercial development to an allotment of a seventy-one slip commercial marina ' with 2,000 square feet of related support uses such as office, restrooms, showers, storage and maintenance facilities. 1 I J IJ The existing land use designation at the site is Recreational and Marine Commercial. No change is proposed to the land use designation. Under the existing land use designation, a seventy-one slip marina with support uses is allowable. The Recreational and Marine Commercial designation allows two types of uses: Permitted Uses and Uses Which Require a Use Permit. Each of these uses is further broken down into incentive uses and other uses; Uses Which Require a Use Permit also includes a section of uses which must be in conjunction with an incentive use occupying at least 40% of the site. Permitted, incentive uses have the highest priority of any of the listed - uses. Marinas are included among the highest priority under the Recreation and Marine Commercial designation. Marine related offices are also allowed. The proposed modifications are consistent with the existing land use designation. The changes would result in more specific text describing what is allowed at the site. The Coastal Act -addresses recreational boating in a number of Sections. Section 30224 states: Increased recreational boating use of coastal waters shall be encouraged in accordance with this division, by developing dry storage areas, increasing public launching facilities, providing additional berthing space in existing harbors, limiting non -water -dependent land uses that congest access corridors and preclude boating support facilities, providing harbors of refuge, and by providing for new boating facilities in natural harbors, new protected water areas, and in areas dredged from dry land. Section 30234 of the Coastal Act states: j1 U Newport Beach Land Use Plan Amendment No. 3-92 Page 8 Facilities serving the commercial fishing and recreational boating industries shall be protected and, where feasible, upgraded. Existing commercial fishing and recreational boating harbor space shall not be reduced unless the demand for those facilities no longer exists or adequate substitute space has been provided. Proposed recreational boating facilities shall, where feasible, be designed and located in such ' a fashion as not to interfere with the needs of the commercial fishing industry. As indicated by these Sections, recreational boating has a high priority under ' the Coastal Act. Narrowing the land use designation to allow only a marina use (and 2000 square feet of accessory structures) is consistent with the Coastal Act's high priority for recreational boating facilities. The ' Commission therefore finds the proposed change to the text describing the Lower Castaways site is in conformity with the Chapter Three policies of the Coastal Act. E. Bayview Landina The fourth component of the LUP Amendment regards a parcel of land known as the Bayview Landing parcel, located at the northwest corner of Coast Highway and Jamboree Road. It is proposed to have an additional alternative use (affordable senior housing) added to the options that currently exist in the text of the land use plan addressing the site. The Bayview landing site is divided into two portions by topography. The upper portion (11.1 acres), near the intersection of Coast Highway and Jamboree Road, is designated for Recreational and Environmental Open Space and is intended to be used for a view park, with a trail staging area for pedestrians and bicyclists, restrooms, and picnicking areas. The lower ' portion of the property (5 acres), near Backbay Drive, is designated for Retail and Service Commercial with an allocation of 10,000 square feet of restaurant use or 40,000 square feet of athletic club use. The proposed amendment to the Land Use Plan would add the following language to the existing text: ' Use of the site for affordable senior citizen housing facilities is also permitted as an optional land use (instead of restaurant or athletic club). If the site is used for senior citizen housing, 30,000 square feet of general retail use may be transferred to Newport Center — Fashion ' Island. Fashion Island is not located within the coastal zone and so the transfer of ' retail entitlement does not raise any Coastal Act issues. Section 30222 of the Coastal Act states: The use of private lands suitable for visitor —serving commercial recreational facilities designed to enhance public opportunities for coastal recreation shall have priority over private residential, general industrial, or general commercial development, but not over agriculture or coastal —dependent industry. L� 1 Newport Beach Land Use Plan Amendment No. 3-92 Page 9 Additionally, Section 30210 of the Coastal Act requires ' recreation be provided for all the people. Residential lower priority use under the Coastal Act. The proposed a lower priority use at a site which could accommodate Therefore, the Commission finds that, as submitted, the not in conformity with Sections 30222 and 30210 of the visitor serving uses. IIII. APPROVAL IF MODIFIED I I 0 I I I �I that maximum Use is considered a amendment would allow a visitor serving use. proposed amendment is Coastal Act regarding MOTION II• I move that the Commission certify the City of Newport Beach Land Use Plan Amendment as modified with the suggestions set out in the staff report. STAFF RECOMMENDATION: Staff recommends a YES vote and the adoption of the following resolution and findings. An affirmative vote by a majority of the appointed Commissioners is needed to pass the motion. RESOLUTION TO CERTIFY THE LUP IF MODIFIED: The Commission hereby certifies amendment 1-92 to the City of Newport Beach Land Use Plan subject to the following modifications and adopts the findings stated below on the grounds that, if modified as suggested below, that the amended Land Use Plan meets the requirements of and is in conformity with the policies of Chapter 3 (commencing with Section 30200) of the California Coastal Act to the extent necessary to achieve the basic state goals specified in Section 30001.5 of the Coastal Act; that the amended land Use Plan contains a specific access component as required by Section 30500(a) of the Coastal Act; that the amended Land Use Plan is consistent with applicable decisions of the Commission that shall guide local government actions pursuant.to Section 30625(c) of the Coastal Act; and that the certification of the amended Land Use Plan meets the requirements of Section 21080.5(d)(2)(i) of the California Environmental Quality Act, as'there are no further feasible mitigation measures of feasible alternatives which could substantially lessen significant adverse impa,cts on the environment. The suggested modifications to the submittal are necessary to achieve the basic state goals set forth in Section 30001.5 of the Coastal Act. 1 The Commission transmits its modifications, I further finds that if the City of Newport Beach adopts and revisions to the Land Use Plan in conformity with the suggested then the Executive Director shall so notify the Commission. I ' Newport Beach Land Use Plan Amendment No. 3-92 Page 10 ' IV. SUGGESTED MODIFICATIONS ' Additions are indicated by underscoring; deletions are indicated by 6X�fKdbdXK. ' Land Use Plan Page 66 ' 4. Bayview Landing. This site is located adjacent to the Newport Dunes site, on the northwesterly corner of Jamboree Road and East Coast Highway. The higher level of the site which is on the corner of Coast Highway and ' Jamboree Road is designated for Recreational and Environmental Open Space. It is proposed that this site be dedicated to the City when the balance of the site is approved for development, and used for a view park, with a trail staging area for bicyclists and pedestrians, restrooms, ' picnic areas, drinking fountains and bicycle racks. The lower level of the site which is on the corner of Jamboree Road and ' Back Bay Drive is designated for Retail and Service Commercial land use, and is allocated 10,000 square feet for restaurant use, or 40,000 square feet for athletic club use, excluding parking. Use of the site for affordable senior citizen housing facilities is also permitted as an ' optional land use (instead of restaurant or athletic club). If the site is used for senior citizen housing, 30,000 square feet of general retail use may be transferred to Newport Center - Fashion Island. The site may be developed with the Senior Affordable Housing option only if the_Coastal Development Permit findings demonstrate that adeouate ' visitor serving uses exist in the Newport Beach coastal zone consistent with the recreational and visitor serving commercial policies of the Coastal Act. ' V. FINDINGS FOR CERTIFICATION IF MODIFIED A. findings for Denial Incorporation ' The Commission incorporates the findings for denial herein. ' B. Bayview Landing I. Visitor Serving Uses Section 30222 of the Coastal Act states: The use of private lands suitable for visitor -serving commercial ' recreational facilities designed to enhance public opportunities for coastal recreation shall have priority over private residential, general industrial, or general commercial development, but not over ' agriculture or coastal -dependent developments or uses. ' Newport Beach Land Use Plan Amendment No. 3-92 Page 11 ' Additionally, Section 30210 of the Coastal Act requires maximum recreational opportunities be provided for all the people. The Coastal Act places a higher priority on visitor serving uses than on residential uses. Section 30221 of the Coastal Act requires that recreational uses be ' provided unless present and forseeable future demand for such uses is already adequately provided for in the area. Section 30221 incorporates the high priority of visitor serving uses, but also recognizes that there ' may be circumstances where additional visitor serving uses may not be feasible. If the supply of visitor serving uses clearly exceeds the demand for the uses, requiring additional visitor serving uses would be unreasonable. As modified, the amendment would allow the lower priority ' use, affordable senior housing, only if it is clearly demonstrated that adequate visitor serving uses already exist in the area. Therefore, the Commission finds that as modified, the amendment is in conformity with the ' Chapter Three policies of the Coastal Act requiring provision of adequate visitor serving uses. 2. Visual Impacts Section 30251 of the Coastal Act states: ' The scenic and visual qualities of coastal areas shall be considered and protected as a resource of public importance. Permitted development shall be sited and designed to protect views to and along the ocean and scenic coastal areas, to minimize the alteration of natural land forms, to be visually compatible with the character of surrounding areas, and, where feasible, to restore and enhance visual• quality in visually degraded areas. New development in highly scenic t areas such as those designated in the California Coastline Preservation and Recreation Plan prepared by the Department of Parks and Recreation and by local government shall be subordinate to the ' character of its setting. This Section of the Coastal Act has also been incorporated into the City's LUP. Scenic public views of Newport Bay from Upper Bayview landing currently exist. The City's proposal to ultimately develop the site with a "view park" affirms this. ' The City has approved Planned Community text for the Bayview Landing site. The planned community district regulations would allow up to 120 affordable units to be placed on the lower Bayview Landing site. However, the proposed Land Use Plan amendment does not specify the number of units ' or square footage allowed, should the affordable senior housing option be pursued. ' The PC regulations provide the zoning for the site. The Planned Community regulations, however, are not before the Commission at this time. The PC regulations would be subject to Commission review at the time the City ' submits an Implementation Plan (which would constitute the zoning to implement the certified Land Use Plan) for Commission certification. Until then the Chapter Three policies of the Coastal Act are the standard of review for development in the coastal zone. The City's certified LUP ' also provides guidelines. ' Newport Beach Land Use Plan Amendment No. 3-92 Page 12 ' A 120 unit structure could potentially result in building height that would negatively impact the public view of the bay from the site. However, the Commission finds that the possibility of 120 units is not ' being reviewed at this time and that any project proposed at the site would have to be consistent with Section 30251 of the Coastal Act. Because this Section of the Coastal Act is specifically incorporated into the City's Land Use Plan, any Implementation Plan submitted for Commission review would be required to implement the policy, requiring protection of scenic public views. The proposed amendment will not result in negative impacts to scenic public views. Therefore, the Commission finds the ' proposed amendment is consistent with Section 30251 of the Coastal Act. C. California Environmental Duality Act ' Pursuant to SB 1873, which amended the California Environmental Quality Act the Coastal Commission is the lead agency in terms of meeting California Environmental Quality.Act (CEQA) requirements for local coastal programs. In addition to making a finding that the land use plan amendment is in full compliance with CEQA, the Commission must make a finding that the least environmentally damaging feasible alternative is chosen. Section 21080.5(d)(2)(i) of the Public Resources Code requires that the Commission not ' approve or adopt an LCP: ...if there are feasible alternatives or feasible mitigation measures ' available which would substantially lessen any significant adverse impact which the activity may have on the environment. Fi U CEQA requires the Commission to make the finding that the land use plan is the least environmentally damaging feasible alternative. The Commission finds that there are no feasible mitigation measures available that could substantially reduce adverse environmental impacts. For the reasons discussed in this report, the Land Use Plan Amendment, as modified by the Commission herein, is the least environmentally damaging feasible alternative and that there are no feasible mitigation measures available that could substantially reduce adverse environmental impacts. ' 7641E t ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY ' OF NEWPORT BEACH ADOPTING LOCAL COASTAL PROGRAM AMENDMENT NO. 19 AMENDING THE LOCAL COASTAL PROGRAM LAND USE PLAN OF THE p i C CITY OF NEWPORT BEACH SO AS TO REDESIGNATE Z z ' THE EXISTING FIRE STATION PROPERTY LOCATED ° ^� AT 323 MARINE AVENUE FROM "GOVERNMENTAL, m EDUCATIONAL AND INSTITU l ONAL FACII 1 M" TO o � ' "RETAILANDSERVICE COMMERCIAL";AND THE NEW = a FIRE STATION SITE LOCATED AT 1?A MARINE AVENUEFROM "RETAILAND SERVICE COMMERCIAL" TO "GOVERNMENTAL, EDUCATIONAL AND ' INSTITUTIONAL FACILITIES" USES. (LOCAL COASTAL PROGRAM AMENDMENT NO. 19) -y WHEREAS, the Coastal Act of 1976 requires the CIty of Newport Beach to. prepare a local coastal program; and ' WHEREAS, as a part of the development and implementation of the Coastal Act, a Local Coastal Program Land Use Plan has been prepared; and ' WHEREAS, said Land Use Plan sets forth the objectives and supporting ' policies which serve as a guide for the future development in the coastal zone in the City of Newport Beach; and WHEREAS, the Planning Commission has held a public hearing to consider a certain amendment to the Land Use Plan of the Newport Beach Local Coastal Program, and recommended approval of this amendment to the City Council; and WHEREAS, the City Council has held a duly noticed public bearing on this t amendment to the Land Use Plan of the Newport Beach Local Coastal Program; and WHEREAS, in eonjuncilon with the consideration of the above referenced ' amendment the City has prepared an Initial Study pursuant to the requirements of CEQA for this action. , NOW, THEREFORE, BE IT RESOLVED that based upon the information contained in the Initial Study, comments received, and all related documents, there is no ' substantial evidence that the project, as conditioned or as modified by mitigation measures ' a Negative Declaration has been prepared. The Negative Declaration adequately addresses the potential environmental impacts of the project, and satisfies all the requirements of ' CEQA,, and is therefore approved. The facts •and findings relied upon in making this determination are contained in the public record, and include the following: ' 1. Evidence presented by staff and area residents demonstrates that the neighborhood surrounding the proposed fire station site at 124 Marine ' Avenue is currently subject to relatively high ambient noise levels due to heavy traffiq including frequent truck deliveries to nearby commercial establishments and visitors: . 1 2. Aland use survey revealed that many residential properties are located in the Marine Avenue commercial district near the existing fire station ' at 323 Marine Avenue, and therefore any increase" in noise and congestion that would result from the relocation of the fire station to ' 124 Marine Avenue would be at least partially offset by reduced impacts in the vicinity of the existing fire station. ' 3. The mitigation measures and conditions of approval that have been applied to the project will substantially reduce impacts in the areas of noise, traffic and circulation, aesthetics, light and glare, and human ' health. 4. In the context of the existing surroundings, and in consideration of the ' mitigation measures and conditions of approval applied to the project, ' the City Council has determined that there is no substantial evidence that the potential increase in noise and traffic that would result from ' the relocation of the fire station to 124 Marine Avenue could have a significant adverse effect oa the environment. 01 ' BE IT FURTHER RESOLVED that the Negative Declaration reflects the independent judgement of the City Council and was reviewed and considered prior to approval of the project. ' BE IT FURTHER RESOLVED that an -amendment to the Land Use Plan of the Local Coastal Program is approved as follows: ' That the existing Balboa Island fire station site located at 323 Marine Avenue, between Balboa Avenue and the Balboa Island Bridge, more particularly described as Lot 25, Block 13, Section 4, Balboa Island, be reclassified from "Governmental, Educational and Institutional Facilities" to "Retail and Service Commercial" use; and that the proposed fire station site located at 124 ' Marine Avenue, on the southeast corner of Marine Avenue and Park Avenue, more particularly described as Lots 17 and 18, Block 2, Section 4, Balboa Island, • be reclassified from, "Retail and Service Commercial" to "Governmental, Educational and Institutional Facilities" use; and Page 54: 2. Marine Avenue The commercial area on Marine Avenue is allowed a maximum floor area ratio • of : 0.5011.0. Separate residential uses are prohibited. Residential development on the second floor is permitted in conjunction with ground floor commercial up to a total floor area ratio of ' 1.25. One dwelling unit is allowed for each 7,375 sq.ft. of buildable lot area, with a minimum of one dwelling unit allowed per lot. Included in this district is a 4.500 sa.ft. site at the AMi}heAtt rnrner nP Varinp Aa6.mv. a,A 9a"1. ADOPTED this 9th day of Npvember - 1992, MAYOR ATTEST: ' — - - --- -- v v P.'\_\ROBERT K\GPAd9.2H\LCP.RPACC A F ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY 4= OF NEWPORT BEACH APPROVING AMENDMENT O ' NO.28 TO THE LOCAL COASTAL PROGRAM, LAND USE PLAN ' OD WHEREAS, the Coastal Act of 1976 requires the City of Newport Y prepare a local coastal program; and ' I` ' WHEREAS, as part of the development and implementation of the Coastal ' Act, the City established a Local Coastal. Program Advisory Committee, which held 29 public meetings to develop the goals, objectives and policies of the City's Local Coastal Program; and a ' WHEREAS, the Planning Commission of the -City of Newport Beach considered .the Local Coastal Program, Land Use Plan at nine public hearing prior to ' recommending approval and adoption to the City Council; and WHEREAS,'tlie City Council of the City of Newport Beach also held nine public hearings on the Local Coastal Program, Land Use Plan Prior• to adoption; and ' WHEREAS, two public hearings were held by the California Coastal Commission in conjunction with the certification of the Newport Beach Local Coastal Program, Land Use Plan; and ' WHEREAS, said Land Use Plan sets forth the objectives and supporting policies which serve as a guide for the future development in the coastal zone in the City ' of Newport Beach; and WHEREAS, the Planning Commission has held a duly noticed public hearing to consider this amendment to the Local Coastal Program, Land Use Plan, and recommend- ed approval of said amendment to theCityCouncil; and is ' WHEREAS, the City Council, in considering this amendment to the Local Coastal Program, has determined that this amendment is consistent with all of the stated • goals and policies of the California Coastal Act, the City of Newport Beach General Plan, and the City's Local Coastal Program, Land Use Plan. 40 , ••. •-•"'•""+.++w-., "A' AA a r avi.vr.L oy the t;ity council of the City , ' of Newport Beach that all changes necessary to reflect the amendments adopted in General Plan Amendment 92.2(C) for Bayview Landing be incorporated into the Newport Beach Local Coastal Program, Land Use Plan, as follows: Page 66: 4. . "Baplew Landing. This site is located adjacent to the Newport Dunes site, on the northwesterly corner of Jamboree Road and East Coast Highway. The higher level of the site which is on the corner of Coast Highway and Jamboree Road is designated for Recreational and Environmental Open Space. It 1s proposed that this site be dedicated to the City when the balance of the site is approved for development, and used for a view park, with a trail staging area for bicyclists and ' pedestrians, restrooms. picnic areas, drinking fountains and bicycle racks. I I I The lower level of the site which Is on the coNqr of Jamboree Road and Back Bay Drive is designated for Retail and Service Commercial land use, and is allocated 10,000 sq.ft. for restaurant -use, or 40,000 sq.ft. for athletic club use, excluding parking. Use of the site for affordable senior citizen housing facilities Is also permitted as an optional land use (instead ofYestaurant or athletic club). If the site is used for senior citizen housing, 30,000 sq.ft. of general retail use may be transferred to Newport Center - Fashion Island." ADOPTED this 14th day of -September . 1992. ATTEST: ��_/ice/__i ��:...•f'i:i. PLT:.\cg1.cr\1"U.1ts1 •t - •r.' u I I 1 I 1 i 1 InI L�I F I I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING THE LOCAL COASTAL PROGRAM LAND USE PLAN OF THE CITY OF NEWPORT BEACH SO AS TO ALTER • THE DWELLING UNIT ALLOCATION IN ORDER TO ALLOW THE SUBDIVISION OF AN EXISTING R-1 LOT INTO TWO SINGLE FAMILY BUILDING SITES CONSISTENT WITH THE MINIMUM SUBDIVISION STANDARDS OF THE NEWPORT BEACH MUNICIPAL CODE (LOCAL COASTAL PROGRAM AMENDMENT NO.29) WI•IEREAS, the Coastal Act of 1976 requires the City of Newport Beach to prepare a local coastal program; WHEREAS, as part of the development and implementation of the Coastal Act, a Local Coastal Program Land Use Plan has been prepared; and WHEREAS, said Land Use Plan sets forth objectives and supporting policies which serve as a guide for future development in coastal areas of the City of Newport Beach; and WHEREAS, in conjunction with the consideration of the above 'referenced amendment to the Land Use Plan of the Local Coastal Program, it has been determined to be Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) under Class 3 (New Construction or Conversion of Small'Structures); and WHEREAS, on September 28 _ 1992, the City Council of the City of Newport Beach held a duly noticed public hearing regarding this application; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach does hereby approve an amendment to the Local Coastal Program Land' Use Plan as follows: That the dwelling unit allocation and policy statements for Statistical Area No. F-3 be umended for property located at 22W Ilaysidc Drive on the southerly side of Bayside Drive; more particularly described as Parcel No. 2 of Parcel Map 47-32 (Resubdivision No. 348). between El Pasco Drive and Carnation Avenue, in Corona del Mar; so as to allow the subdivision of an existing R-1 lot into two single family building sites consistent with the minimum subdivision standards. ADOPTED this 28th day of -September _ 1992. Mayo ATTEST: City Cler �i I:\-\ar0lyn\wrl\9N92-2a.=3 I d RESOLUTION NO. 92-120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING LOCAL COASTAL PROGRAM AMENDMENT NO. 30 'AMENDING THE LOCAL COASTAL PROGRAM LAND USE PLAN OF THE, CITY OF•NEWPORT BEACH SO AS TO REDEFINE THE' PERMITTED COMMERCIAL ENTITLEMENT OF THE CASTAWAYS MARINA PROPERTY FROM 40,000 SQ.FT. OF RECREATIONAL AND MARINE COMMERCIAL TO A71 SLIP MARINA AND PARKING FACILITY WITH 2,000 SQ.FT. •' OF RELATED MARINA SUPPORT DEVELOPMENT. [LOCAL COASTAL PROGRAM AMENDMENT NO.30] v 6 Z LD WHEREAS, the Coastal Act of 1976 requires the City of Newport Beach to prepare a local coastal program; and WHEREAS, as a part of the development and implementation of the Coastal Act, a Local Coastal Program Land Use )?Ian has been prepared; and WHEREAS, said Land Use Plan sets forth the objectives and supporting policies which serve as a, aide for the future development in the coastal zone in the City of Newport Beach; and 1 WHEREAS, the Planning Commission has bold a public bearing to consider a certain amendment to the Land Use Plan of the Newport Beach Local Coastal Program; and WHEREAS, In conjunction with its consideration of theproposed amendment to the Local Coastal Program Land Use Plan the City Council bu accepted an environmental document and it has been determined that said document is adequate to serve as the environmental document for this action; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that an amendment to the Local Coastal Program Land Use Plan is approved, as follows: Page 62: 1. Loxes Caraways. The Castaways commercial site is located at West Coast Highway and Dover Drive. The site is designated for Recreational and Marine Commercial. and is allowed a ADOPTED this 26th day of October _ 2992: .,�,n _ c:;;�7 MAYOR /i..i.i. M • r� A:\.,\LCP.FPS GENERAL PLAN AMENDMENT NO. 89-2 (H) AND LOCAL COASTAL PROGRAM AMENDMENT NO.19 EXISTING LAND USE PROPOSED LAND USE I_ } I I O TWO FAMILY RESIDENTIAL ® RETAIL SERVICE COMMERCIAL W,&T . C Rfm C.wNnk ®GOVERNMENTAL, EDUCATIONAL, & INSTITUTIONAL FACILITIES RESTAURANTMEALTH CLUB/SENIOR RESIDENTIAL OPEN SPACE/PARK LAND USE PLAN BAY VIEW LANDING PLANNED COMMUNITY DISTRICT CA O 5 = F o U = X a lE/, `� LU NOT TO SCALE MAN�N `h yi -- 514192 V ILANI 1 Y MAID 1.' 1 I:r w wi..ilii Z.ii wi r w w Y. Mr NV .•. MrarY .•F i,Yr./Y rYa,.aa Per Y, yW Irw'O w'Y1r� we MY A P r• e.A '�k''p ♦� �J 7w IR�L��I 0 Z m W +D,66 .\*fly•ARV•, Y' ► ►•• \ 'S •R ` 'RJ • �J ,, M �• • •tJOF J �J +•�1.+ + PA *J .\ p\e DISTRICTING MAP ' mvC onoT RFACM — CALIFORNIA A.alart7Y[a6 OMMIM •- • war» .rHra[ w rr.wa on" rMat sumo m Czi wrt "Nom a 1�i WR[[ [aiOliia <'1 t[rOa ComaC" �Rt rni rl[Tr\[ lall[i asit[irt N ual[IIacrums • aW M u[ ' Writ rard�o:►+~tw il.:i UNLAa -- s wrar loop me. A&A v AMCJq'OM'SAfr ND. 92� 2 (8) LOc4t. 6o4sT.44, Ple"WAM AMEMDM5Wr No, 2.9 RE5ueoi1;15;O1V- Ala. 9_81 . ,. _......... ........... . 14- + toil ` 1 ,..rf� usu c a,► ` k AREA F-3 L -< d 7 6 54 3 Z 6.5 1 TATl5 T lo CAL A �2.3" J 1 i SCn. R. /GQ 1 ; �.. r • a�lo F '►r.- �ivao dc) � � t' 4� - �i a ins � r ..� � ,�: � .irrs ,�'�+ Y' +�i• G' ;rod- `` a _2sZ •¢ ion ._-�s�w S�� '1°' ; �v + �'°• � 1 ;. r. 1 I rE, S 9 �� f~ •> �. 1✓� /..1ieif �Za,E'PN.P OFILli,E'/ ��•s. ` � � / � •'emu �" SAD [�jVE SUSSE CT i j 1 1 / e&r �•.r*4r• ,� i �o % asr In a �. ! EXHIBIT NO. VA W w I CITY ATLAS MAP - 1 Rat CwRinn+ts Cne.dl Ceimnd•' m i ;=j i , to FIC 0 1 C E A N EXHIBIT NO. j APPLICATION NO. -(' C.Wa k c4al C°nwia.kn I l/H 1, WM .rs� z, v �cMu IM t Its 4. -v OLA.A3mm.AAM lfaa AM m° fit au ►ta i i NOBLE C O N S U L T A N T S January 11, 1993 Mr. Edward V. Power CALIFORNIA RECREATION COMPANY 1137 Bayside Drive Corona Del Mar, CA 92625 Re: Review of Sediment and Circulation Characteristics For Revised Castaways Marina Plan 728-01 ' Gentlemen: 1.0 INTRODUCTION This letter report presents the findings of an environmental assessment related to the oceanographical characteristics of the proposed Castaways Marina revised development plan. The investigation was conducted in accordance with our proposal dated December 16, 1992. The proposed small -craft harbor facility is located in an area on the west bank immediately upstream of the Pacific Coast Highway (PCH) bridge in Newport Bay. The original marina layout included approximately 60 slips located within a 420-foot long by 260-foot wide man- made rectangular basin. An additional 65 slips were spaced over a 75d-foot long linear dock parallel to the upper Newport Bay main navigational channel. The revised marina layout, shown in Figure 1, consists of 71 slips entirely within a slightly larger man-made rectangular basin of 420 feet long by 300 feet wide and no facilities are within the main ' channel. The plan also includes two submerged revetments located at the north and south side of the marina basin entrance. The top elevation of the revetments ranges from -8 feet, MLLW, to +3 feet, MLLW, in accordance with the existing bottom contours. The purpose of this letter report is to review the sedimentation and circulation characteristics of the revised marina plan. Specifically, the following items were addressed: 1. Sedimentation impacts associated with the revised marina layout. 111711 PARADISE DRIVE, SUITE 430, CORTI, MADERA, CA 94915,1226 415 /924.4984 FAX 4I51924-4988 I7 2201 DUPONT DRIVE. SUITE 620, IRVINE. CA 92715.1515 7141752.1530 FAX 714/752.8381 i NOBLE CONSULTANTS ' Mr. Edward Power 728-01 CALIFORNIA RECREATION COMPANY January 11, 1993. Page 2 2. Surface water debris accumulation, and 1 3. Adverse erosion effects to adjacent areas. 2.0 PREVIOUS ASSESSMENTS A report entitled "Hydraulic Model Study, Castaways Marina" prepared by Noble 1 Consultants, Inc. on March 7, 1989 addressed an overall evaluation of the above -identified impacts related to the original proposed marina layout. A subsequent letter report dated June 22, 1989, was also presented to further review the sedimentation impacts associated 1 with different frequency of return flood flows. The above -mentioned studies concluded the following: 1. The average annual shoaling rate within the marina basin was estimated to be about 0.3 feet (0.2 feet due to suspended load deposition and 0.1 feet due to the bed load source). Furthermore, the calculation also indicated that the marina would shoal about 0.6, 1.0 and 1.3 feet during 25-, 50- and 100-year storm flooding events, respectively. 2. Based upon the results of a hydraulic model study, strong ebb currents were not observed to be significantly altered by the proposed marina. Therefore, significant accumulation of floating debris in the vicinity of the marina would not be expected. t 3. No appreciable increases in current velocity were observed as a result of the marina project. Therefore, it was suggested that the project would not result in adverse erosion effects to the adjacent areas. 1 3.0 REVISED PLAN IMPACT ASSESSMENT 3.1 Sedimentation The revised plan increases the rectangular marina basin area by about 15 percent. This implies a corresponding 15 percent shoaling rate reduction of about 0.26 feet annually assuming that the total volume of sediment delivered to the marina entrance is identical i H I L I u n I P 1 Li C NOBLE CONSULTANTS Mr. Edward Power CALIFORNIA RECREATION COMPANY January 11, 1993 Page 3 728-01 to that estimated for the original plan. The elimination of the outer 750-foot long linear dock located in the Newport Bay main channel will result in decreased secondary flow turbulence. This condition together with the potential for the proposed submerged revetment to partially trap bed load sediment from the upper Newport Bay suggests that further reductions in sedimentation within the mooring basin than previously estimated may occur. 3.2 Circulation Pattern No significant alteration of tidal current or appreciable interference with current flow is anticipated since the revised marina layout does not include the originally proposed linear dock within the main channel, and the proposed top elevations of the revetment segments are in line with the existing bottom contours. Accordingly, it is our opinion that the impacts on the tidal circulation patterns are expected to be minimal. The revised marina plan is therefore estimated to not result in adverse impacts or result in significant accumulation of floating debris near the project area as previously concluded from the 1989 studies. This completes our assessment of the sedimentation and current characteristics associated with the revised marina plan. Please contact us should you have any questions regarding the information presented in this letter report. Sincerely, NOBLE CONSULTANTS, INC. C&CI'L-ems Chia -Chi Lu, Ph.D. Engineer Attachment: Figure 1 cc: Jerry King NOBLE CONSULTANTS, INC. Joni'. Moore, P.E. Senior Engineer ,. 46 IRA9i �. or .l .M.s.'3CK M , EN � `:.:,.� wcH me ' . � ... — • ,I •,•a . � �Y �. •' rI:' .�,- --.ice - • —_,-" .. r . '- gip` '• _ ` _--'r!'• - .. earn • y "°® awn•' •: ='' . � '+y�� '• • • - :-ter- •• :• "•... •• NOBLESov�CF ; c'fFSf} 9� rKSe� l.�c / 2� /� ,_ a o x s v t t a x: s State of California 'Memorandum TO The Honorable Douglas P. Wheeler Secretary for Resources ' 1416 Ninth Street Sacramento, California 95814 Date December 18, 1992 ' From t Department of Fish and Game ,Subject: Corps of Engineers Public Notice 93-054-BH-Construction of a New Boat Basin and Marina, Upper Newport Bay, Orange County I F I I LI F Department of Fish and Game personnel have reviewed the Public Notice for the Construction of a new 71-slip marina in Upper Newport Bay. The project consists of excavation of existing uplands, dredging adjacent to the main channel to provide access to the new marina, constructions of a new bulkhead, boat slips, and the installation of steel guide piles. in addition, the applicant will implement a mitigation project to Offset impacts of the proposed project by restoring a site on Shellmaker Island. The applicant has prepared a Biological Mitigation Plan which includes a site -specific restoration plan. The proposed mitigation plan consists of the restoration of 2.89 acres consisting of subtidal channel, mudflat, saltmarsh, and upland transition habitats. The site -specific plan has been expanded to include an additional acre of subtidal habitat for mitigation of small lower Newport Bay bulkhead and fill projects. The Public Notice contains a summary of proposed mitigation measures which contain inaccurate figures with regard to acreage to be restored. The correct acreage of each habitat should be as stated in the Final Biological Mitigation Plan (Table 4.2, Plan A, page 18). In addition to acreage corrections, the final permit to be issued should also include mitigation implementation and monitoring plans as described in the Final Biological Mitigation Plan. We recommend the above corrections and additions be included in the final permit. As indicated in the mitigation plan, there is concern that the new channel may require future maintenance dredging to maintain design depths. To ensure maintenance of design depths we recommend that the applicant be required to maintain the channel as designed for the life of the marina project. n The Honorable Douglas P. Wheeler DeCember 18, 1992 Page Two ecia1 conditions sections, we would not With the inclusion of the above recammendatioTo in the and proposed mitigation and sP erinit for the p 7 ' object to the issuance of a final P sals. mitigation propo you have any questions, please contact artment Should Y Environmental Services Division, ' Mr. Richard NitsosGolden Shore, suite 50, Long B e of Fish and Game, 330 telephone (310) 590-�5174. California 908021 oh L. Tur r, Chief En ironmentaI services Division GC; Xr, Richard Nitsos Department of Fish and Game Long Beach, California C C' 1 I j ' California Environmental state of California protection Agency MEMORANDUM �Z, pate; December 17, 1992 To Nadell Gayou Room 449 ' p. O. Box 942636, Sacramento, CA 94236-0001 From - Manager orraine Van ekerix, Waste Generation Analysis and ,Environmental Review . Branch CA.L%VORNIA INTEGRATED WASTE MANAGEMENT HOARD Subject: U. S. ARMY CORPS OF ENGINEER (USAGE) PUBLIC NOTICE NO. 93-054, EXCAVATING AND DREDGING PROJECT, CITY OF NEWPORT BEACH, ORANGE COUNTY ' pROJECT DESCRIPTION The applicant (The Irvine Company dba California Recreation oses to construct a 71-slip marina by excavating and ' Company) a ra new basin, constructing a new bulkhead, dredging the existing channel in Back Bay to provide access, and installing ' steel guide piles. COMMENTS ' Board (Board) staff has California Integrated Waste Management reviewed the subject document cited above and offer the following comments; es that any material ► page 3 of the Public Notice stat deemed unsuitable eifor beach replenishment will be deposited ' at an "approved" u 1 11 please explain whether excavated dredge materials will be disposed of at a Class III solid waste facility. If so, please identify the final disposal site for this wa ite on material and the potential impacts of these q uanP-sremaining landfill capacities and the calculated landfill site -life. Please note that the use or disposal of dredging materials at a Class III landfill requires that the material be the dCaliad fazniahCodedofsRegulationsin nce with the (CCR), Titlep23'1ChaPtezf 15 (enforced by the California Regional Water Quality Control Board). ' > please identify any past or present landfilling and/or waste dumping that the project site and how these areas areas of unpermitted may have occurred at will be mitigated- • "r USACE Public Notice No_ 93-054 December 17, 1992 Page 2.of 2 ect. Thank you for the opportunity to comment on the ts,subpleaseocall If you have any questions regarding these commends, p Leandro Ramos OfEnvironmental Review Branch5ata(916)e255a2332•�alysis and PETE WILSON, Governor STATE OF CALIFORNIA—THE RESOURCES AGENCY ICALIFORNIA COASTAL COMMISSION `'�•. 45 FREMONT, SUITE 2000 + SAN FRANCISCO, CA 94105.2219 Jurisdiction Letter VOICE AND iDD (415) 904.5200 Date: December 3. 1992 ' RECEIVED Randy Mason DEC ' Cash & Associates Engineers L 1999 5772 Bolsa Avenue, Suite 100 CASH & ASSOCIATES Huntington Beach, CA 92649 Project: 71 slip Marina Newport Bay, Orange County ' Coastal Commission file no. (if applicable) 5-92-408 U.S. Army Corps of Engineers Notice No. (if applicable) ' 93-054-BH If a nationwide permit, NWP number The Coastal Commission staff has received your request to identify Commission ' jurisdiction for the purposes of processing an individual, nationwide, general or regional permit from the Army Corps of Engineers (Corps). Pursuant to the federal Coastal Zone Management Act (CZMA), the Corps cannot issue a permit for an activity, ' either in or out of the coastal zone, that affects land and water uses or natural resources of the coastal -zone until the applicant has complied with the requirements of Section 307(0.(3)(A) of .the'CZMA.,:(16 USC',Sbction 1456[c][3][A1.) These requirements ' can be met by receiving a Commission concurrence with a consistency certification prepared by the .applicant or conclusion that the activity does not affect the coastal zone. Alternatively, these requirements can be satisfied by the issuance of a Commission approved coastal development permit. Since the federal consistency authority ' cannot be delegated to local governments, a coastal development permit issued by a local agency does not replace the requirement for a consistency certification. However, if an activity is within the Ports of San Diego, Long Beach, Los Angeles, or Port Hueneme and ' is identified in the Commission certified Port Master Plan, then no consistency certification is necessary. The Coastal Commission staff has reviewed the information submitted for the ' above -referenced project, and has concluded that it: Is not within the coastal zone and does not affect the coastal zone. Therefore no further Coastal Commission review is necessary. /X/ Is a non-federal activity within the coastal zone and is in an area where the Commission has not delegated permit authority to the appropriate local agency. ' Therefore, it needs.a coastal development permit from the Commission. Contact our Long Beach Area Office (see addresses on the following page) for details and permit application form. (Note:. Rk ipt of a Coastal_ Commission-•i'ssued coastal ' .development permit satisfies federal' consistency requirements.) -2- / % Is a federally permitted activity within or affecting the coastal zone and does not otherwise need a coastal development permit from the Commission. Therefore, this project needs a consistency certification. Contact Jim Raives at (415) 904-5280 for information on the federal consistency process. (Note: Receipt of a local government -issued coastal development permit, as opposed to a Coastal Commission -issued coastal development permit, does not satisfy federal consistency requirements.) See note below. Is within or affects the coastal zone and is a federal agency activity. Therefore it needs a consistency determination (or, at a minimum, a negative determination). Contact Jim Raives at (415) 904-5280 for information on the federal consistency process. Is within the port of San Diego, Long Beach, Los Angeles, or Port Hueneme and is consistent with a certified Port Master Plan. Therefore, no further Coastal Commission review is necessary. Is within one of the above ports but is not consistent with a certified Port Master Plan. Therefore, a Port Master Plan amendment is necessary. We 'have insufficient information on the project location or details to determine jurisdiction. Please provide the following information: Signed, MARK DELAPLAINE Federal Consistency Supervisor cc: Nadell Bayou South Coast Area Office, Coastal Commission Corps of Engineers, L.A. District stal Commission Area Offices: North Coast Area Central Coast Area South Central Coast Area 45 Fremont St., Suite 2000 640 Capitola Road 925 Del La Vina San Francisco, CA 94105 Santa Cruz, CA 95062-2799 Santa Barbara, CA 93101-3220 Tel. No: (415) 904-5280 Tel. No. (408) 479-3511 Tel. No. (805) 963-6871 South Coast Area San Diego Coast Area P.O. Box 1450 3111 Camino Del Rio'North, Ste. 200 245 West Broadway, Ste 380 San Diego, CA 92108-1725 Long Beach, CA 90802-4416 Tel. No. (619) 521-8036 Tel. No. (310) 590-5071 2337p STATE OF CAUFORNIA—THE RESOURCES AGENCY PETE WILSON, Co. r ALIFORNIA COASTAL COMMISSION OUTH COAST AREA 245 W. BROADWAY, STE. 780 E.O. BOX 1450 rNG BEACH, CA 90802.4416 10) 590.5071 ' November 23, 1992 Mr. Jerry,A. King J.A. King & Associates ' 130 Newport Center Drive, Suite 140 Newport Beach, CA 92660 ' Dear Mr. King, ' Although your application has been filed as complete, further review indicates ' significant information is not included in the application file and is necessary to adequately analyze the project. The necessary findings cannot be made without the additional information. The requested information, described below, must be received in this office by December 7, 1992 to be considered for scheduling for the January 12-15, 1993 Coastal Commission hearing. The Preliminary Geotechnical Investigation included in the technical appendix ' to the Environmental Impact Report prepared for the project is inadequate. The report is dated August 11, 1986. Geology reports submitted to the Commission must be no more than one year old. Additionally, the report ' indicates on page 13, that the project must be re—evaluated when more specific details are available. The geology report must make a conclusion as to the geologic 'stability of the site and the geologic feasibility of the project. ' The project now proposed has changed significantly since the 1986 report. The geologic report must address the currently proposed, 71 slip version of the ' project. Additionally, a retaining/crib wall is proposed; the geology report must also describe the need for and adequacy of the proposed wall. The report must incorporate discussion of the entire project and the entire site. The EIR also refers to a temporary haul road across the Upper Castaways site ' to transport the excavated/dredged material to the disposal site. It is not That be clear if the haul road is still a part of the proposed project. must clarified. If the the haul road is included in the current' project, the geology report must address the geologic feasibility of the road. Any grading in the geology required for the temporary haul road must also be addressed report. Grading plans for the road must be submitted. ' Whenever a bulkhead or shoreline protection device is proposed, specific information is required including written approval from the =d-5 Comm iss' n, project plans and a coastal engineer's study. Enc osed for your detail the information ' Information is a procedural memo outlining in greater required. I ' CDP Application No. 5-92-408 Page Two ' It appears that the project as currently proposed may no longer extend -onto public tidelands. Clarification of that is necessary. Also comment and/or approval from either the State Land Commission or the County of Orange, as public tidelands administrator for the area, regarding jurisdiction over the project as currently proposed is necessary. A letter to Randy Mason of Cash & Associates, dated July 27, 1992 from RMW Archaeological Consultant refers, on page 1, item 3, to the fact that most of the Castaways site was underwater in 19ol.. Comments from the State Lands Commission or the County of Orange tidelands administrator should address that when commenting on the project. ' A site plan of the proposed marina and ancillary structures was submitted with the application. In addition to the site plan, elevation plans for any proposed structures (i.e. the restroom facility, the pump —out station, etc.), cross sectilins 6f th2 proposed crib/retaining 'r.'311, drainage plans for the la ortion of development (indicating no runoff will enter the bay) and rading pla_ for the project must be submitted. Two copies of all plans are ' re lso, reduced (8 1/2 by 11 inch) copies of the plans are necessary. The site plan submitted is stamped and signed approval in concept by the ' Newport Beach Planning Department. In addition to the Planning Department sign off, because the proposed project includes a marina, the plans must also be stamped and signed approval in concept by the Newport Beach Marine Departme The stamped, signed plans should include both a si e p3n and ' mp cros sections of the proposed marina. The January 13, 1992 City Council minutes submitted with the coastal ' development permit application refer, as item C, to Resubdivision No,972 "to create one parcel of land for marina development." Lot combinations or subdivisions constitute development under the Coastal Act and require Coastal Commission approval. If such development is proposed it should be included in ' the project description. The tentative tract map, stamped and signed approval in concept by the City must also be submitted. In order to define the area of sensitive habi'fsit that would be disturbed as a result of the proposed project, a map indicating the location in relation to the project is necessary. Also a site plan that indicates the area to'be dredged as part of the proposed project must be submitted. The EIR•plans show the area to be dredged for the larger, formerly proposed 121 slip marina. The currently proposed dredging site must be identified. ' In a letter to Randy Mason of Cash & Associates dated July 30, 1992, Rick Ware of Marine Biological & Wetland Environmental Consulting, in summarizing a meeting with Jack Fancher of the U.S. Fish and Wildlife Service states: ' "I believe that the Coastal Commission still needs a letter from USFWS which basically signs off on the project, like the ones submitted by Fish ' and Game and the National Marine Fisheries Service." L !J COP Application No. 5-92-408 Page Three ' It is true that a letter from the U.S. Fish and Wildlife Service commenting on both the Marina project and the mitigation project is necessary. The same is necessary from the California Department of Fish and Game (no comments from COFG were submitted with the application nor have been received to date). The comments should address impacts resulting from the 71 slip Marina project and adequacy of the proposed mitigation. 71 Soo '11 164 . The application form indicates ,.1, 000 ubic yards of dredged' material will be removed, slopes stabilized and r ing walls constructed.° The.amount of ' the 67,,000 cubic yards that results from dred i g, from excavation and from slope stabilization etc. (grading for haul road?) must be clearly delineated. Those who commented on the draft EIR, as known interested parties, must be noticed for public hearings. Stamped envelopes addressed to all those who submitted comments on the EIR must be submitted. Also, a list of all the names and addresses of those who commented must be submitted. Please do not hesitate to contact me with any questions. ' Sincerely, Meg Vaughn Staff Analyst enc. 6939E ' CALIFORNIA COASTAL. COMMISSION South Coast AreaT" eaw 245 West Broadway, Ste 380 t Long Beach, CA 90802-4416 (310) 590-5071 ' Filed: 11/9/92 49th Day: 12/20/92 180th Day: 5/8/93 Staff: MV—LB Staff Report: 3/2/93 Hearing Date: 3/18/93 Commission Action: ' STAFF REPORT: REGULAR CALENDAR ' APPLICATION NO.: 5-92--408 APPLICANT: California Recreation Co. (The Irvine Company) ' AGENT: Jerry King, J.A. King & Associates PROJECT LOCATION: 300 Dover Drive (Lower Castaways site), Newport Beach, ' Orange County. PROJECT DESCRIPTION: Construction of a 71 slip marina including: 77,600 cubic yards of dredging,'5,500 cubic yards of excavation, replacement of existing bulkhead wall, a 10,000 square foot, 56 space public parking lot, 736 square foot, 12 foot high accessory structure to provide office, r•estr•ooms, and storage, slope stabilization and retaining wall and 2,000 square feet of ' landscaped area including a public walkway and viewpoint. A subdivision that would allow the subject lot to be reconfigured to encompass the area of the access road is proposed. Also proposed is mitigation to create new habitat ' area on Shellmaker Island in Upper Newport Bay. Lot area: 4.06 acres ' Building coverage: 736 square feet Pavement coverage: 10,000 square feet Landscape coverage: 2,000 square feet ' Parking spaces: 56 spaces -Zoning: Recreational and Marine Commercial Plan designation: Recreational and Marine Commercial Ht abv fin grade: 12 feet (accessory structure) LOCAL APPROVALS RECEIVED: Approval in Concept, Planning Department and Marine ' Department, City of Newport Beach. SUBSTANTIVE FILE DOCUMENTS: Castaways Marina Environmental Impact Report, August 1991, City of Newport Beach certified Land Use Plan; Final Biological Mitigation Plan For the Loss of Mudflat and Shallow Subtidal Habitat, Castaways Marina, October 29, 1992. 5-92-•408 Page 2 ' SUMMARY OF STAFF RECOMMENDATION: ' Staff recommends the Commission approve the proposed project subject to special conditions regarding public recreation and access, protection of marine resources, adherence to'geologic recommendations and an assumption of risk deed restriction. STAFF RECOMMENDATION: ' The staff recommends that the Commission adopt the following resolution: I. Approval with Conditions. I n n CI E F The Commission hereby grants a permit, subject to the conditions below, for the proposed development on the grounds that the development will be in conformity with the provisions of Chapter 3 of the California Coastal Act of 1976, will not prejudice the ability of the local government having jurisdiction over the area to prepare a local Coastal Program conforming to the provisions of Chapter 3 of the Coastal Act, and will not have any significant adverse impacts on the environment within the meaning of the California Environmental Quality Act. This project is located between the nearest public road and the sea and this development is in conformity with the public access and public recreation policies of Chapter Three of the California Coastal Act. II. Standard Conditions: 1. Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two yearns from -i:he date this permit is reported to the Commission. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Compliance,. All development must occur in strict compliance with'the proposal as set forth in the application for permit, subject to any special conditions set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. 4. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 5. Inspections. The Commission staff shall be allowed to inspect the site and the project during its development, subject to 24-hour advance notice. 6. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. I ' 5-92-408 Page 3 ' 7. Terms andConditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. III. Special„ Conditions: 1. ,Bic cle Racks ' The applicant shall provide bicycle racks on site, which shall be available to the general public. 2, Public Access a) The applicant shall place signage on site, visible from West Coast Highway and Dover Drive, indicating the public uses available on site. Prior to issuance of the coastal development permit, the applicant shall submit plan, for the review and approval of the Executive Director, indicating the design and placement of the signs. 1 b) The applicant shall provide on site restroom and drinking fountain facilities. A portion of the proposed restroom facility may be retained for exclusive use of marina patrons, subject to the review and approval of ' the Executive Director. 3. Marine Resources Prior to issuance of the coastal development permit, the applicant shall submit, in a form and content acceptable to the Executive Director, a written ' agreement stating that they agree to abide by all terms of the Final Biological Mitigation Plan for Loss of Mudflat and Shallow Subtidal Habitat, Castaways Marina, prepared by Coastal Resources Management, and dated October ' 21, 1912, the written agreement shall specifically acknowledge the applicant's responsibility to carry out all restoration measures, maintain the channel depth of the mitigation site, and not begin any marina construction until all mitigation grading has been completed. ' The applicant shall report any proposed changes in the Final Biological Mitigation Plan approved by the Commission to the Executive Director, Any changes in the plans approved by the Commission which the Executive Director determines to be substantial shall require an amendment to this permit. 4. Ge_ologic Recommendations ' Prior to issuance of the coastal development permit, the applicant shall submit for the review and approval of the Executive Director, project plans ' signed by the geologic consultant indicating that all geotechnical recommendations contained in the Report of Geotechnical Exploration prepared by Converse Consultants, dated July 19, 1990 and updated December 14, 1992 have been incorporated into the design and construction plans for the project. u ' 5-92-405 Page 4 The final plans approved by the consultant shall be in substantial conformance with the plans approved by the Commission. The applicant shall report any 1 proposed changes in the plans approved by the Commission to the Executive Director. Any changes in the plans approved by the Commission which the Executive Director determines to be substantial shall require an amendment to this permit. 5. Assumption —of Risk ' Prior to issuance of the coastal development permit, the applicant as landowner shall execute and record a deed restriction, in a form and content acceptable to the Executive Director, which shall provide (a) that the applicant understands that the site may be subject to extraordinary hazard from geologic conditions and the applicant assumes the liability from such hazards; and (b) that the applicant unconditionally waives any future claims of liability against the Commission or its successors in interest for damage ' from such hazards. The document shall run with the land, binding all successors and assigns, and shall be recorded free of prior liens, 6..State Lands _Commission Permit ' Prior to issuance of the coastal development permit, the applicant shall submit for the review and approval of the Executive Director, a copy of the ' State Lands Permit for dredging actrivities in State Lands. Any changes in the proposed development approved by the Commission which may be required by State Lands shall require an amendment to this permit. ' 7..De2artment of Fish and Game Prior to issuance of the coastal development permit, the applicant shall ' submit for the review and approval of the Executive Director, a copy of written permission to remove salt marsh vegetation and to work within the Upper Newport Day Ecological Reserve from the California Department of Fish and Game. Any changes in the proposed development approved by the Commission which may be required by Fish and Game shall require an amendment to this permit. IV. Findinqs and Declarations ' A. Project Description The applicant proposes to construct a new 71- slip marina and to create new habitat area on Shellmaker Island in Upper Newport Bay. The marina is proposed to be constructed landward of the adjudicated mean high tide line. Also proposed is a subdivision to reconfigure the shape of the parcel at the project site. ' The subject site (marina) is currently vacant. The previous use at the site was a mobile home park and marina. The previous marina extended further into the channel area than the marina currently proposed. The mobile home park and ' marina uses were discontinued when the Coast Ilighway bridge, adjacent to the site, was redesigned and expanded. The subject site is located at the intersection of West Coast Highway and Dover Drive. The land use designation ' at the site is Recreational and Marine Commercial. 5-92-408 Page 5 �I U 0 [1 0 I 1. Marina The marina proposal consists of 71 boat slips within a 42.0-foot long by 300 feet wide man-made rectangular basin. The proposed boat slips will be 40 and 42 feet in length. No marina facilities are proposed within the main channel. The plan also includes two submerged revetments located at the north and south side of the marina basin entrance. The top elevation of the revetments ranges Prom -8 feet, MLLW, to +3 feet, MLLW, in accordance with the existing bottom contours. The project also includes demolition of the existing bulkhead. The proposed bulkhead will be U-shaped. The inland most wall of the bulkhead will be approximately 300 feet inland of the existing bulkhead. The height of the proposed bulkhead will be 11 feet above mean lowest low water. The marina dock framing system will be composed of preserved wood framing members connected by galvanized metal angles, bent plates, and through -bolts. Framing for the slip fingers will include torsion bars to resist potentially excessive twists caused by tidal action and currents at and near the Coast Highway Bridge. Guide piles shall be designed to support the floating dock system, and shall include composite pre -stressed concrete piles with a steel driving tip or round steel pipe piles. Piles will be cathodically protected. Depending on the bay bottom conditions, piles will be either jetted into place or driven into place using a barge -mounted diesel pile driver, Dock flotation will be composed of a combination of foam -filled concrete and rotationally molded polyethylene plastic pontoons. The proposed project includes 77,600 cubic yards of dredging. This is comprised of 6,100 cubic yards of bay dredging and 71,500 cubic yards of landside (of the existing bulkhead) excavation/dredging. Additionally, 3,000 cubic yards of excavation for the access road and 2,500 cubic yards of excavation for the public accessway and view point are proposed. 2. Mitigation Plan The proposed project will remove .55 acres of subtidal channel and mudflats. The mitigation plan proposes to restore 2.89 acres of subtidal channel, mudflats, salt marsh and upland habitats. The proposed mitigation plan has been developed in cooperation with the California Department of Fish and Game (CDFG). The California Department of Fish and Game will be conducting restoration work concurrently with the applicant. CDFG will restore one acre of channel habitat on Shellmaker Island. This acreage is not included in the applicant's total restoration acreage. Shellmaker island is the proposed mitigation site. Shellmaker Island is located at the southern boundary of the Upper Newport Bay Ecological Reserve. The Ecological Reserve is under the stewardship of the California Department of Fish and Game. Since the mid-1930's, Shellmaker Island has been used as a dredge material disposal site and dredge operations staging area. Consequently, portions of the salt marsh and mudflats that had existed at the site were eliminated and the area was transformed into higher elevation open sandy areas, colonized by upland vegetation. 5-92--408 Page 6 The mitigation design creates 0.94 acre of salt marsh habitat and regrades 0.55 acre of transitional/upland habitat within the mitigation site. The applicant will dredge to create 0.50 acre of channel habitat and 0.90 acre of mudfiat habitat. Another 1.0 acre of subtidal habitat will be created through CDFG maintenance dredging mitigation bank funding. This program, although integrated into the overall mitigation design, is not a mitigation requirement associated with the castaways marina project. Halibut nursery habitat is proposed to be created by excavating a 50--f-oot wide semi —circular subtidal channel from existing dredge spoils colonized by sparse ruderal vegetation. Mudflat habitat is proposed to be created by lowering the island's upland elevations around the proposed tidal channel to elevations between —1.5 feet and +3.5 feet MLLW. Salt marsh habitat is proposed to be created between elevations +3.5 amd 8.0 feet MLLW. A salt marsh island is proposed to be created by creating a new tidal channel. ' 3. Subdivision The subdivision is proposed so that the subject lot can be reconfigured to encompass the area of the access road. The access road is proposed to provide 1 ingress and egress at the intersection of Dover Drive and Cliff Drive. The proposed location of the access road will allow for a signalized intersection and so a safer traffic flow. The area to be added to the existing parcel is owned by the same landowner, the Irvine Company (dba California Recreation Company), as the subject site owner. B. Public Recreation ' Section 30210 of theCoastalAct states: In carrying out the requirement of Section 4 of Article X'of the California Constitution, maximum access, which shall be conspicuously - posted, and recreational opportunities shall be provided for all the people consistent with public safety needs and the need to protect public rights, rights of private property owners, and natural resource areas from overuse. H �I C I u Section 30220 of the Coastal Act states: Coastal areas suited 'for water —oriented recreational activities that cannot readily be provided at inland water areas shall be protected for such uses. Section 30221 of the Coastal Act states: Oceanfront land suitable for recreational use shall be protected for recreational use and development unless present and foreseeable future demand for public or commercial recreational activities that could be accommodated on the property is already adequately provided for in the area. Section 30224 of the Coastal Act states: 5-92-A0B Page 7 tIncreased recreational boating use of coastal waters shall be encouraged, in accordance with this division, by developing dry storage areas, ' increasing public launching facilities, providing additional berthing space in existing harbors, limiting non -water -dependent land uses that congest access corridors and preclude boating support facilities, providing harbors of refuge, and by providing for new boating facilities in natural harbors, new protected water areas, and in areas dredged from dry land. Section 30213 of the Coastal Act states, in part: Lower cost visitor and recreational facilities shall be protected, ' encouraged, and where feasible, provided. Developments providing public recreational opportunities are preferred. The City's certified Land Use Plan incorporates each of the above Coastal Act ' Sections. The certified LUP contains the following policy: Consistent with all other policies to protect and enhance the quality residential character of the community, the City shall encourage and protect both public and private water --oriented recreational and entertainment facilities as a means of providing public access to the waterfront. 1. Recreational Boating The Coastal Act places a high priority on the provision of recreational boating facilities. The proposed marina development will provide increased recreational boating opportunities in Newport Bay. The subject site, by virtue of its location adjacent to the bay, is suitable for recreational use and, more specifically for water -oriented recreational activities that cannot be readily provided inland. The location of the proposed development would allow boaters access to lower Newport Bay as wel] as to the Pacific Ocean. The land use designation at the subject site is Recreation and Marine Commercial. A marina is a priority use under• that designation. The proposed development is also consistent with the recently amended Land Use Plan text describing the site. Therefore, the Commission finds the proposed project is consistent with Sections 30220 and 30224 of the Coastal Act- for promoting recreational boating opportunities. The Commission recently approved an amendment to the City's certified Land Use Plan (Newport Beach Land Use Plan Amendment 3-92) modifying the LUP text describing the subject parcel. Without approval of the Land Use Plan amendment, the proposed project would still have been consistent with the LUP. Approval of the LUP amendment resulted in restricting the subject site only to a marina (and 2000 square feet of accessary structures), I 2. Recreational Bicycling The City's Master Plan of Bikeways, incorporated into the certified LUP, shows both Dover Drive and West Coast Highway in the subject area as backbone bikeways. This configuration allows bicycle access to the site and to visitor destination sites beyond. With development of the proposed public amenities, the site may be considered a bicyclist/visitor destination. The LUP suggests that "bikeway improvements may be required as part of development approvals." Under New Development, Visitor Serving Facilities, Policy 7 of the LUP states: i 5-92-408 Page B ' "Bicycle racks shall be provided throughout the Coastal Zone. If available, locking, pay —your —way bicycle racks shall be provided." ' Because of the subject site's location at the intersection of two major bikeways, it is reasonable to expect a significant amount of bicycle traffic at the site. The proposed development provides an excellent opportunity to carry out the LUP policy requiring bicycle racks with new development. The Coastal Act requires that lower cost recreational opportunities be protected, encouraged and where feasible provided. In order to promote maximum ' recreational opportunities for all the people, the applicant shall provide bicycle racks at the subject site, for use by the general public. Therefore, the Commission finds, that as conditioned to provide public bicycle racks on site, the proposed development is consistent with Sections 30210 and 30221 of the Coastal Act requiring maximum recreational opportunities. C. Public Access Section 30210 of the Coastal Act states: In carrying out the requirement of Section 4 of Article X of the California Constitution, maximum access, which shall be conspicuously posted, and recreational opportunities shall be provided for all the people consistent with public safety needs and the need to protect public rights, rights of private property owners, and natural resource areas from overuse. Section 30212(a) of the Coastal Act states: (a) Public access from the nearest public roadway to the shoreline and along the coast shall be provided in new development- projects except where: (1) it is inconsistent with public safety, military security needs, or the protection of fragile coastal resources, (2) adequate access exists nearby, or, (3) agriculture would be adversely affected. Dedicated accessway shall not be required to be opened to public use until a public agency or private association agrees to accept responsibility for maintenance and liability of the accessway. li Section 30212.5 of the Coastal Act states: Wherever appropriate and feasible public facilities, including parking areas of facilities, shall be distributed throughout an area so as to mitigate against the impacts, social and otherwise, of overcrowding or overuse by the public of any single area. Section 30252 of the Coastal Act requires that "the location and amount of new development should maintain and enhance public access to the coast by providing adequate parking facilities. These Coastal Act policies have been incorporated into the City's certified Land Use Plan. The LUP contains additional policies regarding public access. The LUP's Public Access policy No. 4 states: n 5•-92•-408 Page 9 J L F Cl H I I 11 I u Public access in coastal areas shall be maximized consistent with the protection of natural resources, public safety, and private property rights. 1. Signage The proposed project will create recreational boating opportunities. However, only a small segment of the general population are boaters. The Coastal Act requires maximization of public access for all the people of the State of California. Access for the general public must be provided at the site. The proposed project includes a public walkway along the eastern edge of the marina. The accessway begins at Dover Drive and extends to a public viewing area and includes access to the bay. The project's 56 space parking lot is proposed to be public. The public walkway, view area and parking lot will provide necessary public access at the site. However, the public nature of these amenities may not be clearly obvious to the general public. The assumption could be made that the parking area is for the exclusive use of the marina slip holders. The Coastal Act requires that maximum access be conspicuously posted. Signs indicating the public uses available, posted at the site, visible from Dover Drive and West Coast Highway, would assure maximum public access at the project site. As a condition of approval, the applicant shall post such signs at the site. The design and placement of the signs shall be subject to the review and approval of the Executive Director, 2. Public Restrooms and Drinking Fountains The City's certified Land Use Plan, under New Development, Visitor —Serving Facilities, Policy 4 states, in part "provision and maintenance of public restroom facilities is top priority." In the same LUP section, Policy 5 states: "Adequate marine sanitation facilities, including pump —out stations and conveniently located public restrooms in the harbor area, shall be provided in order to reduce risks of water pollution and health problems." And Policy 6 states, in part: "Drinking fountains shall be provided in conjunction with restroom facilities as a means of ensuring their distribution throughout the Coastal Zone, while minimizing the costs of extending water lines." The proposed development includes restroom facilities. However, these are proposed for use by the marina users only and are not proposed to be open to the general public. The City has found, as stated in the Land Use Plan, that public restrooms are in short supply in the Newport Beach coastal zone. In certifying the LUP, the Commission has recognized this shortage also. The LUP recognizes the harbor area specifically as in need of public restrooms. ' 5-92—A08 Page 10 The subject site location represents an extremely convenient location for public restrooms, as it is at the intersection of two major bikeways. Also, ' there is considerable public use of the bluff top trails along the adjacent Upper Castaways parcel. These trails are identified on the certified Land Use Plan map. The area at the base of the.bluffs between the bay and the Upper ' Castaways parcel, is also used by the public for strolling and beachcombing at low tides. All of the public uses in the immediate area could be served by the provision of public restrooms at the subject site. For the same reasons, drinking fountains should also be made available. ' The Coastal Act requires that public facilities be distributed throughout the coastal zone. 'there are no public restrooms in the area. The closest ' location for public restrooms is Newport Dunes Aquatic Park, across the bay and approximately 2 miles away. Public restrooms and drinking fountains at the site would alleviate the shortage. As a condition of approval, the applicant shall make the proposed restrooms available for the use of the ' general public. The applicant may retain a portion of the restroom facilities for the exclusive use of marina patrons, subject to the review and approval of the Executive Director. The public nature of the restrooms shall be ' conspicuously posted. Therefore, the Commission finds that, as conditioned, the proposed project is consistent with the Coastal Act regarding public access. ' D. Marine• Environment Section 30230 of the Coastal Act states: ' Marine resources shall be maintained, enhanced, and where feasible, restored. Special protection shall be given to areas and species of special biological or economic significance. Uses of the marine ' environment shall be carried out in a manner that will sustain the biological productivity of coastal waters and that: will maintain healthy populations of all species of marine organisms adequate for long—term ' commercial, recreational, scientific, and educational purposes. Section 30231 of the Coastal Act states: The biological productivity and the quality of coastal waters, streams, wetlands, estuaries, and lakes appropriate to maintain optimum populations of marine organisms and for the protection of human health shall be ' maintained and, where feasible, restored through, among other means, minimizing adverse effects of waste water discharges and entrainment, controlling runoff, preventing depletion of ground water supplies and substantial interference with surface water flow, encouraging waste water reclamation, maintaining natural vegetation buffer areas that protect riparian habitats, and minimizing alteration of natural streams. Section 30233 of the Coastal Act states, in part: (a) The diking, filling, or dredging of open coastal waters, wetlands, estuaries, and lakes shall be permitted in accordance with other applicable provisions of this division, where there is no feasible less environmentally damaging alternative, and where feasible mitigation measures have been provided to minimize adverse environmental effects, and shall be limited to the following: P ' 5-92-408 Page 11 ' (3) In wetland areas only, entrance channels for new or expanded boating facilities; and in a degraded wetland, identified by the Department of Fish and Game pursuant to subdivision (b) of Section ' 30411, for boating facilities if, in conjunction with such boating facilities, a substantial portion of the degraded wetland is restored and maintained as a biologically productive wetland. The size of the ' wetland area used for boating facilities, including berthing space, turning basins, necessary navigation channels, and any necessary support service facilities, shall not exceed 25 percent of the degraded wetland. (4) In open coastal waters, other than wetlands, including streams, ' estuaries, and lakes, new or expanded boating facilities and the placement ofstructural pilings for public recreational piers that provide public access and recreational opportunities. (7) Restoration purposes. (b) Dredging and spoils disposal shall be planned and carried out to ' avoid significant disruption to marine and wildlife habitats and water circulation. Dredge spoils suitable for beach replenishment should be transported for such purposes to appropriate beaches or into suitable long shore current systems. 1 (c) In addition to the other provisions of this section, diking, filling, or dredging in existing estuaries and wetlands shall maintain or enhance the functional capacity of the wetland or estuary. Any alteration of - coastal wetlands identified by the Department of Fish and Game, including, but not limited to, the 19 coastal wetlands identified in its report entitled, "Acquisition Priorities for the Coastal Wetlands of California", shall be limited to very minor incidental public facilities, restorative measures, nature study, commercial fishing Facilities in Bodega Bay, and development in already developed parts of south San Diego Bay, if ' otherwise in accordance with this division. For the purposes of this section, "commercial fishing facilities in Bodega Bay" means that not less than BO percent of all boating facilities proposed to be developed or improved, where such improvement would create additional berths in Bodega Bay, shall be designed and used for commercial fishing activities. Section 30235 of the Coastal Act states: Revetments, breakwaters, groins, harbor channels, seawalls, cliff retaining walls, and other such construction that alters natural shoreline processes shall be permitted when required to serve coastal —dependent uses or to protect existing structures or public beaches in danger from ' erosion, and when designed to eliminate or mitigate adverse impacts on local shoreline sand supply. Existing marine structures causing water stagnation contributing to pollution problems and fish kills should be phased out or upgraded where feasible. n ' 5-92-408 Page t2 1, Biological Impacts/Mitigation ' The proposed marina project includes 77,600 cubic yards of dredging and/or excavation. Of that, 6,100 cubic yards will be dredging in the open waters of Upper Newport Bay. 71,500 cubic yards of excavation/dredging are proposed to occur behind the existing bulkhead. The portion of the project to occur landward of the existing bulkhead includes excavation/dredging to below groundwater level. No portion of the proposed marina project will occur in the Upper Newport Bay Ecological Reserve. ' The proposed marina would result in the loss of 0.21 acre of halibut nursery (subtidal channel) and 0.34 acre of mudfiat habitat due to the proposed open water dredging. Section 30233 of the Coastal Act allows dredging of open coastal waters for new boating facilities that provide public access and recreational opportunities where there is no feasible less environmentally damaging alternative, and where feasible mitigation measures are provided to ' minimize adverse environmental effects. The applicant has proposed a mitigation plan that will minimize the adverse ' environmental effects. The proposed mitigation site is located in Upper Newport Bay, within the Ecological Reserve, one mile northeast of the marina site.. The applicant proposes to restore 2.89 acres of habitat'area. Of that, 0.50 will be subtidal channel habitat, 0.90 will be mudflaL- habitat, 0.94 will 1 be salt marsh habitat and 0.55 will be upland habitat. The California Department of Fish and Game expects to create an additional 1.00 acre of subtidal habitat in conjunction with the applicant's mitigation project. the proposed mitigation plan -was developed in conjunction with the CDFC. In commenting on the proposed project, CDFG has stated: "The final permit to be issued should also include mitigation iwplemenLaLi<.n•i and monil,oring plans as described .in the Final Biological MiL-igaLiun Plan." ' C1*0 comments also included: "As indicated in the mitigation plan, there is concern that; the new ' channel may require future maintenance dredging to maintain design depths. To ensure maintenance of design depths we recommend that the applicant be required to maintain the channel as designed for the life of ' the marina project." The CDFG comments then conclude: ' "With the inclusion of the above recommendations in the proposed mitigation and special conditions sections, we would not object to the issuance of a final permit for the project and mitigation proposals." The Coastal Act requires that the mitigation proposal for the proposed marina project be feasible. Mitigation must provide long term benefits or, the design ' cannot be considered a feasible measure. Construction of the proposed mitigation alone does not assure that the irreversible adverse impacts caused by the marina project are mitigated. The mitigation must be lasting or any benefit from it is losL. Unless the design (i.e. graded/dredged 5-92—A0B Page 13 ' configuration) of the restoration siLe is maintained, any benefits from the project are lost. The CDFC recommends that the applicant be required to ' maintain the project's design depth by maintenance dredging, as needed. The CDFC has indicaLcd that the mitigation proposal is acceptable provided the project is consistent with what is described in the Final Biological ' Mitigation Plan for the Loss of Mudflat and Shallow Subticial Habitat, Castaways Marina. To assure that the restoration project created by the applicant is consistent with the project described in the Final Biological ' Mitigation Plan, as a'condition of 'approval, the applicant shall submit a written agreement, agreeing to abide by all terms of the Final Biological Mitigation Plan and that any substantial changes to the restoration plan shall require an amendment to this permit. Whether or not a change is substantial shall be determined by the Executive Director. The mitigation plan includes dredging to create subticial channel habitat. This requires approval of the State Lands Commission. As a condition of approval, the applicant shall provide evidence of approval of the mitigation dredging project by the State Lands Commission. II H H F Because the proposed mitigation work is to occur on state land administered by the CDI-G, written permission to remove salt marsh vegetation and to work within the Upper Newport Bay Ecological Reserve from the California Department. of Fish and Came must be obtained by the applicant as a condition of approval. The proposed mitigation site is located within the same water body as the marina project. The sites are within one mile of each other. The Coastal Act requires that marine resources be maintained and enhanced and that the biological productivity of coastal waters be maintained. The proposed habitat creation, it's close proximity to the area of lost habitat, and the,inpreased habitat area are sufficient to maintain and enhance the marine resources of Lhis area or, the bay. Therefore, the Commission finds that as conclitionod the proposed project is consistent with Sections 30230 and 30233 of the Coastal Acl r•ogar•ding dredging of open coastal waters. 2. Water Quality Section 30211 of the Coastal Act requires that the quality of coastal waters be maintained and restored. The proposed project includes dredging in coastal waters. Additionally, the creation of a marina facility and associated landside hardscape creates the potential of introducing increased pollutants to tho water of the bay. The marina project includes a pump —out station. The pump --out: station on site will allow boats docked at the marina to discharge waste without impacting the bay. The applicant has submitted a drainage plan for the proposed project. The drainage plan indicates that all run --off from the proposed hardscape surfaces (including the parking lot and access road) will be directed to the City's existing storm drains. The. marina project, including the proposed dredging, has been reviewed and approved by the California Regional Water Quality Control Board. It was found that adequate measures will be incorporated into the project to protect the waiver of the bay. Therefore, the Commission finds the proposed project consistent with Section 30231 of the Coastal Act regarding water quality. 5--92-408 Page 14 3. Shoreline Protection Devices Section 30235 of the Coastal Act states that shoreline protection devices, such as bulkheads or revelments, shall be permitted when required to serve coastal dependent uses whon designed to eliminate or mitigate adverse impacts ' on local shoreline sand supply. 1'he proposed project, a marina, is a coastal dependent- use. The applicant has submitted a Review of Sediment and Circulation Characteristics for Revised Castaways Marina Plan, prepared by Noble Consultants, dated January 11, 1993. The review addresses sedimentation impacts, surface water debris accumulation and adverse erosion effects on adjacent areas resulting from the proposed project. The review makes the following conclusions: ' "No appreciable increases in current velocity were observed as a result of the marina project (based on an hydraulic model study). Therefore, it was suggested that the project• would not result in adverse erosion effects to ' the adjacent areas." "It is our• opinion that the impacts on the tidal circulation patterns ar•e ' expected to be minimal. The revised marina plan is therefore estimated to not result in adverse impacts or result in significant accumulation of - floating debris near the project area as previously concluded in the 1989 studies." There is an existing bulkhead at the project site. The proposed project would result in a significant change in the bulkhead configuration. The proposed ' bulkhead will be U-•shaped. The landward most portion of the proposed bulkhead will be approximately 300 feet further inland than the existing bulkhead. The results of the coastal engineer's study indicate that the proposed bulkhead configuration and revetments will not create adverse impacts on local shoreline sand supply. Therefore, the Commission finds the proposed project consistent with Section 30235 of the Coastal Act regarding shoreline protection dov:ices. E. Hazard Section 30253 of the Coastal Act states, in part: New development shall: ' (1) Minimize risks to life and property in areas of high geologic, flood, and fire hazard. (2) Assure stability and structural integrity, and neither create nor contribute significantly to erosion, geologic instability, or destruction of the site or surrounding area or in any way require the construction of protective devices that would substantially alter natural landforms along bluffs and cliffs. 1. Geology ' A Report of Geotechnical Exploration prepared by Converse Consultants, dated July 19, 1990 and updated December 14, 1992, addressing the proposed project, states: ' 5-•92-408 Page 15 ' "Based on the results of our field exploration and laboratory tests combined with our engineering analysis, experience and judgement, it is ' our opinion that the site may be developed as planned." The Report of Geotechnical Exploration concludes: ' "Lt is recommended that we be engaged to review the final design drawings and specifications prior to construction. This is to verify that the recommendations contained in this report have been properly interpreted and are incorporated into the project specifications." The proposed project: includes a substantial amount of excavation and dredging, ' 71,500 cubic yards. A large portion of that will occur below sea level. Grading of that magnitude could result in geologic instability, erosion and/or destruction of the site or surrounding area if not conducted properly. The Report of Geotechnical Exploration includes recommendations necessary to ' assure the geologic stability and structural integrity of the project. Therefore the Commission finds that only as conditioned for adherence to the geologist's recommendations can the project be found consistent with Section 10251 of the Coastal Act regarding geologic stability. 2. Assumption of Risk The Report of Geotechnical Exploration found that the liquefaction potential at the subject site is moderate to high during strong ground shaking. 1'his finding increases the risks associated with the proposed project. The risks ' associated with the proposed marina development resulting from large scale excavation below sea level as well as the high potential for liquifaction at the site are greater- than risks routinely incurred in development. Therefore, the Commission finds that only as conditioned for an Assumption of Risk deed ' restriction, can the proposed project be consistent with Section 30253 of the Co�+vtal Act for minimizing risks. 11 I P. Local_ Coastal_Program Section 30604(a) of the Coastal Act provides that the Commission shall issue a Coastal Development Permit only if the project will not prejudice the ability of the local government having jurisdiction to prepare a Local Coastal Program which conforms with the Chapter 3 policies of the Coastal Act. The Newport Beach Land Use Plan was certified on May 19, 1982. As conditioned, the proposed development will not prejudice the City's ability to prepare a Local Coastal Program Implementation Plan for Newport Beach that is consistent with the Chapter 3 policies of the Coastal Act as required by section 30604(a). G. California Environmental quality Act Section 13096(a) of the Commission's administrative regulations requires Commission approval of a Coastal Development Permit application to be supported by a finding showing the application to be consistent with any applicable requirements of the California Environmental Quality Act (CE.QA). ' 5-•92-408 Page 16 ' As conditioned, the proposed project will not cause significant adverse impacts on the environment, As discussed earlier in the report, the proposed ' project has been conditioned to prevent negative geologic impacts, mitigate negative biologic .impacts, and to prevent impacts to public access and recreation. Therefore, the Commission finds that the project is consistent with the requirements of the Coastal Act to conform to CEQA. D H I J 7881E 11 0 LOS ANGELES COUNTY SAN BERNARDINO �- a COUNTY jT FUL1 ERTON • ♦ "` ` RIVERSIDE COUNTY / ANAHEIM i • wdm ORANGE Lake SANTA �' �"" `• ANA TUSTIN MACH, ) N� �. - • COSTA IRVINE \ RUNTINO£L7N MESA ; ' + • :HFAC iT• : s Lake ' ieb° I.bcatieri• KR\MRT dA MVIEJON .$Ei4CH s O BEACH , y oR,. cF.q N ..<, • ' SAN 3UAN ' - — CAP O SAN DIEG_O COUNNiI YY J Regioric L, cedon.Iv1ap North 0 3 6Mib 0640011.1 Z,90 Exl,u t te�Xlu. t�tf A i��.t:v'...'7n_.EWWWLIU :'h�GLL't'1�1J�,.,�lln .. .. \ > �)." >� 'fir. ;" ;�S ..: Sy :`: ♦";: L � 4 .rig Castagvays c w a M" o low JAW B l ibit" 4:1 _ — EXCAVAIION/DHEL)GING QUANTI 00, X WALL co N --00 I AD"CAYED UK MEN TIDE ORDWARY - HIG BAY DREDGING 61100 CY LANDSIDE EXCAV/bREDQNG - 71.500 CY ACCESS ROADWAY EXCAV - 3.0DO CY PUBUC ACCESS EXCAV Is"cr Nn ff jo 0 c: > r) c- > nu > 0 0 Ai ---------- L" ii Accm CKMan TMEN AREA OF -- --- --- --- --- --- --- 9 H m m m � m �'� ,j 0 ----------- MR- Th 0 M ME M M M M M ONE M mom Mo ADJUDICATED LINE HIGH TIDE "'s. 12 2 ITE OF MEAN ORDINAR LIMA R 14r. 12j Ti StA 124 NEW BASIN 4 MARINA rM�1 4 41 cvCi -zi 4Z- Q q VICINITY, MAP v x.eeenew .fee Be ALTERNATE NOTES: CHANNEL 1. ALL DEPTHS BASED IC OAS Hill y ON MLLW ep . FT. 100, 2. 74-5vo 2,ll OF MAIN EXCAVATION/DREDGE BEHIND 7EXIST. WALL. CHANNEL- 3. 4,10ocy OF DREDGE IN BAY. FLAN VIEW NEW BULKHEAD EXISTING GRADE TO BE EXCAVATED EXISTING BULKHEAD TO ELEV. --11. BE REMOVED EXISTING MUDLINE TO BE DREDGED it 1\ U DREDGE FINISH SURFACE CR055 -SECTIONAL VIEW PURPOSE: CREATE ADDITIONAL PLAN VIEW SCALE PROPOSED NEW "CASTAWAYS" MARINA SLIPS IN NEWPORT BEACH NNE= -am[= BASIN AND 11 BOAT SLIPS. FOR RECREATIONAL BOATING 300' IDATUM: MLLWx00 IN: NEWPORT BEACH HARBOR 1ADJACENT PROPERTY OWNERS: AT: BACK BAY I. STATE OF CALIFORNIA COUNTY OF: ORANGE, CA, 2. THE IRVINE COMPANY APPLICATION BY I CASH A A950CIATES DATE: ��/,LLb I --f- '7 ' ��� GLIEN7 T° �E • S.cy/,oyE CO. )06 N0. Z ¢ 9 2. 0 3 ►RO)EC7 CAs7-AwAYS IyrkP-I" SHEET OF ���� CALCULATIONS FOR TYP cAL MADE BY Al2C DATEI'Y ' CASH & ASSOCIATES ENGINEERS - X-SEC'il0N3 _ CHECKED /Y DATE_ s. M4 II "L4.4 II II II II II :::;.a L? 1 O � n • n ' �S�GTIONS ®£ GO 5tH I lA'R� u Cut Fig WWII.25)91 ELhibit &7. Ex/:L,C:6./ f REVISED TENTATIVE PARCEL MAP NO. 88 - 103 / IN THE CITY -OF NEWPORT BEACH, COUNTY OF ORANGE STATE OF CALIFORNIA �£p1: A SW D•rs a, v A Avna+ 0. LOT, 1 d TAAO NO IM, A£ IA0.0 a. . 1 A yCDi £G n DI, ) ND ! Of w£C vjl .AVS. F£roXC£ v ow.m cw.u. GZrI .,A ' I K ' OWN AND BOTNTON UCENSED Summons, INC DOUGL S BOYNTON, P.I.S. AM ' NOVENSEA, ISSI 1 , 1 1 i CU:F DR � o n. ,I 11 v , � l � h ' � v c / n o i it t m 11lY t lt .ate t 1 L'9 CI lA. Iddntta•1 �-,. �� TI f PACIFIC COAST WGNWA7 r cRArxlc ncAut (dI¢T) -gc - 40 Is J ' •1 '�i ♦ PA R CEL . e 1 aoz� ae"IY r, 1 I` � '_ •i., •moo, != �/ 1 4 -y'ry W C e Zl 4, OL 4 C t'LT LING 11 1117 P CY a 1 o Vol, 2000 1 h ,. J ell V'LY LING OR g004 /ll Od ?• C. TI I •.ti •�` 4 �. , Lk ' � ��°''`,' •i. ._.' �' 9' III ; r.. GDPS� 1 � • r r r rroject vicinity Map Soura:Modified from Cutaways Marina EM (MBA,1991) 5 9� - ,,,4/0 ?) I E7x 6-Lt- /� i � L — Plan A ri Proposed Habitat Slellmaker Isla c , bl Legend EaChannel . .�� Mudf at Salt Marsh Upland Figure 4.1 Table 4.2. Habitat Areas For Proposed Project (Plan A) and Alternative Project (Plan B) HABITAT Plan A (square feet) Plan A (acreage) Plan B (square feet) Plan B (acreage) CRC channel 21,790 0.50 14,300 '-033 CRC mudflat 39,204 0.90 38,768 0.89 CRC saltmarsh 40,946 0.94 30,929 " 0.71 CRC upland 23,958 0.55 7,405 .0.17 Total CRC 1251888 2.89 91,476 2.10 CDF&G channel 43,560 1.00 37,462 0.86 Total Project 169,448 3.89 1284938 2 96 Note: CRC=Califomia Recreation Company (the project applicant) mitigation responsibility CDF&G=California Department of Fish and Game subtidal channel restoration (ddditional restoration work to be conducted simultaneously with the CRC project) $ The design incorporates a single entrance channel leading to a tidally -flushed basin surrounded by mudflat and salt marsh. Plan B does not incorporate a salt marsh island into the design but does . provide wide, gentle grades for mudflats and low -and -mid salt marsh. Plan B also was included because it represents a potential long-term scenario for Plan A in the event that sedimentation occurring in the main channel results in a blockage of one of the two tidal channel entrances. This plan was then analyzed for its probable flushing characteristics. a AN 604l is : MAIM / t In order to assess the potential for scouring or sedimentation problems that could arise from the proposed project design and alternative project design, Coastal Frontiers Corporation analyzed the project construction plans and conceptual designs and integrated the tidal current and tidal amplitude data collected during the course of their studies. Their results are presented in Appendix 2 (Reference Letter CFC-231-92 September 29,1992). Their analysis suggest that tidal currents -will be will be axially directed and of low magnitude for both Plans A and B. For the proposed project, tidal waters are expected to flow in both entrances during flood tide, and flow out of both during ebb CRM920006.shl 18 •State of California M-e-morandum To The Honorable Douglas P ' Secretary for Resources 1416 Ninth Street Sacramento, California Owe Wheeler December 18, 1992 95814 From : Department of Fish and Game Subject: Corps of Engineers Public Notice 93-054-BH-Construction of a New Boat Basin and Marina, Upper Newport Bay, Orange County ; Department of Fish and Game personnel have reviewed the Public Notice for the Construction of a new 71-slip marina in Upper Newport Bay. The project consists of excavation of existing uplands, dredging adjacent to the main channel to ' provide access to the new marina, constructions of a new bulkhead, boat slips, and the installation of steel guide piles. In addition, the applicant will implement a mitigation projeq`t to offset impacts of the proposed project by restoring a site cri, ' Shellmaker Island. s The applicant has prepared a Biological Mitigation Plan which includes a site -specific restoration plan. The proposed - mitigation plan consists of the restoration of 2.89 acres consisting of subtidal channel, mudflat, saltmarsh, and upland transition habitats. The site -specific plan has been expanded to include an additional acre of subtidal habitat for mitigation of small lower Newport Bay bulkhead and fill projec=s. The Public Notice contains a summary of proposed mitigation measures which contain inaccurate zigures with regard ro acreage to be restored. The correct acreage of each habitat should be as stated in the Final Biological Mitigation Plan (Table 4.2, Plan A, page 18). In addition to acreage corrections, the final permit to be issued should also include mitigation implementation and monitoring plans as described in the Final Biological ' Mitigation Plan. We recommend the above corrections and t additions be included in the final permit. J As indicated in the mitigation plan, there is concern that the new channel may require future maintenance dredging to maintain design depths. To ensure ma aa��ca�� o es n depths we recommend that the applicant be reDd4ittS ��� thep channel as designed for the life of t marina proje .+ ' 'JAN 6 1993 CALIMRNIA COASTAL COMMISSION SOUTH COAST DIMICT I! II II I 11 II The Honorable Douglas P. Wheeler December 18, 1992 Page Two With the inclusion of the above recommendations in the proposed mitigation and special conditions sections, we would not object to the issuance of a final permit for the project and mitigation proposals. Should you have any questions, please contact Mr. Richard Nitsos, Environmental Services Division, Department of Fish and Game, 330 Golden Shore, Suite 50, Long Beach, California 90802, telephone (310) 590-5174. JdA L T� John L. Turner, Chief Environmental Services Division cc: Mr. Richard Nitsos Department of Fish and Game Long Beach, California s JAN 141°91 1 5 �a-�1d8 I 1 i� 1_l i I i J _._ - — .-•.... •..•.n.• —.6, VCVnn,c f•mp VVYc111V1 California Coastal Commission �� — q z " -JO 8 South Coast District \ o/Z 3J// p 245 West Broadway, Suite 380 if- P.O. Box 1450 Long Beach, California90801-1450 APPLICATION FOR COASTAL DEVELOPMENT PERMIT (213) 590-5071 Type of application: _ Standard Permit _ Administrative Permit: (May be applicable if development is one of the following: (a) improvement to any existing structure; (b) any new development costing less than $100,000; (c) single family dwelling; (d) four dwelling units or less, within any incorporated area, that does not require demolition or subdivision of land; or (a) development authorized as a principal permitted use and proposed in an area for which the Land Use Plan has been certified. SECTION I. APPLICANT 1. Name, mailing address and telephone number of all applicants. California Recreation Company 1137 Bayside Drive Corona Del Mar, Calif. 92625 (714) 644-9730 (Area code/daytime phone number) 2. Name, mailing address and telephone number of applicant's representative, if any. J.A. King & Assoc. (Jerry A. King) 130 Newport Center Drive, Suite 140 Newport Beach, California 92660 (7;4) 759-0669 area co a daytlme•p one num er For office use only Application Number Received Filed Fee Date paid Tentative hearing date (1) Project cost Jurisdiction code (3) LCP segment (4) Geo Ref Code (5) X (6) Y (7) Coast 1: 1/83 F 3. Conflict of Interest. All applicants for the development must complete Appendix A, Me--Uicaration,of campaign contributions. I U I__ u I. _I SECTION II. PROPOSED DEVELOPMENT Please answer ALL questions. Where questions do not apply to your project (for instance. project height for a land division), indicate "Not Applicable" or "N.A." 1. Pro ect Location. Include street address, city, and/or county. If there s no street acdress, include other description such as nearest cross streets. 300 Dover Drive number 8 street 9 Newport Beach, Cal. 92660 Orange County city 0 county Assessor's Parcel Number Por. of lot 1, Tract No. 1125 AP #117 801 10 2. Describe the proposed development. Include secondary improvements such as septic tanks, water wells, roads, etc. Develop a re -designed 71 slip marina in an area where a former marina was located that required the removal of lands created from dredged materials. Project will require the replacement of an existing bulkhead wall and the removal of the dredged materials. a) If residential, state: b) 1) Number of units N/A (28) 2) Number of bedrooms per unit N/A (28) 3) Type of ownership proposed: ❑ rental ❑ condominium ❑ stock cooperative ❑time share ❑other Number of boat slips, if applicable 71 (29) c) If land division, number of lots to be created and size 1 lot of approx. 4.06 acres I n 2 ' 3. Present use of property. a) Are there existing 'structures on the property? ❑ Yes No ' If yes, describe including number of residential units, occupancy status, monthly rental/lease rates for each unit) and schedule of rents for past year. b) Will any existing structures be demolished? ❑ Yes © No ' Will any existing structures be removed? ❑ Yes 0 No If yes to either question, describe the type of development to ' be demolished or removed, including the relocation site, if applicable. (31) 4. 3.35 million Estimated cost of development (not including cost of land) i (32) S. Has any application for a development on this site been submitted previously to the California Coastal Zone Conservation Commission or the Coastal ' Commission? ❑ Yes a No If yes, state previous application number ' 6. Project height: Maximum height of structure N/A ft Maximum height of structure as measure from centerline of frontage road ft 1. Total number of floors in structure; including subterraneA7 A floors, lofts, and mezzanines ' 8. Gross floor area including covered parking and accessory buildings N/A sq ft ' Gross floor area excluding N/A Parkin g sq ft 9. Lot area (within property lines) 4.06 ac. sq ft or acres Lot coverages: Existin4 New proposed Total ' Building coverage N/A sq ft sq ft sq ft tPaved area N/A sq ft 10,000 sq ft ,.•10,000 sq ft Landscaped area N/A sq ft 2,000+ sq ft 2,000+sq ft ' Unimproved area 4.06Ac. sq ft 4.06ac. sq ft 4.06 a^sq,ft 3 ' 10. Parking: number of spaces -existing -0- number of new spaces proposed 56 Total 56 ' no. of covered spaces -0- no. of uncovered spaces 56 no. of standard spaces 56 size ' no. of compact spaces -0- size Is tandem parking existing and/or proposed? Yes [EX No If yes, how many tandem sets? size 11. Are utility extensions for the following needed to serve the project? LI 1 a) water [xJ Yes No d) sewer ax Yes [] No b) gas [] Yes Qx No e) telephone Q Yes No c) electric [B Yes [] No I yes to any of the above, would extensions be above ground? Yes ® No 12. Is the project site adjacent to a public maintained road? Qx Yes No ' If yes, how far is the nearest public road. Dover & Pac. Coast Hwy. SECTION III. ADDITIONAL INFORMATION The relationship of the development to the applicable items below must be explained fully. Attach additional sheets if necessary. 1. If the development is between the first public road and the sea, is public access to the shoreline and along the coast currently available near the site? [j]Yes ❑ No If yes, indicate the location of the nearby access, including the distance from the project site. Ped. public access is available from Dover Drive and public Dr and is linked to thp ity a1keway. 2. Is any grading proposed? LJYes U No If yes, complete the following. a) amount of cut },p,13rn�67r000_,, t, ate, cu yds b) amount of fill of dredged materials wiU yds c) maximum height of fill slope removed, slopes stabiliftd and d) maximum height of cut slope retaining walls construcif4d. e) amount of import or export cu yds f) locaV on of borrow or disposal siteo.C. Landfill (Coyote Landfill Grading and drainage plans must be included with this application. In certain areas, an engineering geology report must also be included. See Section-V, paragraph 11 for the specifics of these requirements. -4- t H n LJ 3. Does the development involve diking, filling, dredging or placing structures in open coastal waters, wetlands, estuaries, or lakes? a) diking ❑ Yes 0 No c) dredging .® Yes ❑ No b) filling ❑ Yes 0 No d) placement of structures ® Yes ❑ No Amount of material to be dredged or M444 67,000 —Cu yds. Location of dredged material disposal site Coyote Land Fill Irvine Has a U.S. Army Corps of Engineers permit been applied for? Q Yes ❑ No application accepted and under review 4. Will the development extend onto or adjoin any beach, tidelands, submerged lands or public trust lands? M Yes ❑ No For projects on State-owned lands, additional information may be required as set forth in Section Y, paragraph 10. 5. Will the development protect existing lower -cost visitor and recreational facilities? ❑ Yes ® No Will the development provide public or private recreational opportunities? ® Yes ❑ No If yes, explain. A 71 slip private marina will be constructed and as a result public viewing areas, public access with public parking as well as inproved -000cs tc-the area result from the prolect.Mitiaation to 6. Dnd i rovemen o nil marin eserve will also result from the ili tmh propose dteve�orment convert �ar oject. currently or previously used for agriculture to another use? ❑ Yes JMVO If yes, how many acres will be converted? N/A acres. 7. is the proposed development in or near: a) sensitive habitat areas PYes ❑ No b) 100-year floodplain ❑ Yes ® No c) park or recreation area BYes ❑ No 8. Is the proposed development visible from: (biological survey may be required) included in EIR (hydrologic mapping may be required) I a) US Highway 1 or other scenic route ® Yes ❑ No b) park, beach, or recreation area 0 Yes ❑ No c) harbor area 9. Does the site contain any: M Yes ❑ No a) historic resources ❑ Yes 93No b) archaeological resources [:]Yes E3No c) paleontological resources ❑ Yes JgNo If yes to any of the above, please explain on an attached sheet. 5 I. 'Iwo copies of project plans, except for projects located in the City of Los Angeles where three sets are required, stamped and signed "Approved in Concept" by the local building departnent, drawn to scale, including site plans, floor Puns, elevations, grading and drainage plans, landscape plans, and septic system ' plans. A reduced site plan, BY" x 11" must also be submitted. Rachiced copies of complete project plans will be required for large projects.. Trees to be removed must be marked on the site plan. For demolitions, include a site plan showing the placement and dimensions of existing development on.subject lot. Photographs may be submitted to show elevations and demolitions. S. Where septic systems are proposed, evidence of County approval or Regional or Regional water Quality Control Board approval. Where water wells are proposed, evidence of County review and approval. ' 9. A copy of any Final Negative Declaration, Final Environmental Drpact Report (FEIR) or Final Environmental Impact Statement (FEIS) prepared for the project. Comments of all reviewing agencies and responses to comments must be included. ' 10. Verification of all other permits, permissions or approvals applied for or granted by public agencies (e.g., Dept. of Fish and Game, State lands Commission, U.S. Army Corps of Engineers, U.S. Coast Guard). 11. For development on a bluff face, bluff top, or in any area of high geologic risk, a conprehenisive, site -specific geology and soils report (including maps) prepared in accordance with the Coastal Camdssion's Interpretive Guidelines. Copies of the guidelines are available from the District office. SECTION VI. NOTICE TO APPLICANTS Under certain circumstances additional material may be required prior to ' issuance of a coastal development permit. For example, where offers of access or open space dedication, preliminary title reports, land surveys, legal descriptions, subordination agreements, and other outside agreements will be required prior to issuance of the permit. The Commission may adopt or amend regulations affecting the issuance of coastal ' development permits. If you would like notice of such proposals during the pendency of this application of such proposals that are reasonably related to this application indicate that desire. ' ® Yes ED No 1 SECTION VII. AUTHORIZATION OF AGENT I hereby authorize to act as my repre. application. Jerry A. King (J.A. King & Assoc.). ve and to bind me in all matters concern ng Edward Power, President California Recreation Company 7 P I I SP7=ON VIII. CT RrHICATICN 1. I hereby certify that I, or my authorized representative, will complete and post the Notice of Pending Permit card in a conspicuous place on the property within 3 days of receipt of the card and notification of filing of this application. 2. I hereby -certify that I understand the Commission may impose reasonable conditions that must be satisfied by persons that are not a party to this application and that prior to issuance of the permit, I must submit evidence that the conditions will be satisfied by the appropriate parties. ' 3. I hereby certify that I have read this completed application and that, to the nest of my knowledge, the information in this application and all attached ' appendices and exhibits is complete and correct. I understand that any misstatements or omission of the requested information or of any information subsequently requested shall be grounds for denying the permit, for sus- pending or revoking a permit issued on the basis of these or subsequent ' representations, or for seeking of such further relief as may seem proper to the Commission. 4. I hereby authorize representatives of the California Coastal Commission to conduct site inspections on my property. Unless arranged otherwise, these site inspections shall take place between the hours of 8:00 a.m. and 5:00 p.m. ' SD:.TION xiv. cav2 NICATIm wnm wwssioms 1 n I Decisions of the Coastal Cannission must be trade on the basis of information available to all commissioners and the public. Therefore permit applicants and interested parties and their representatives are advised not to discuss with commissioners any matters relating to a permit outside the public hearing. Such contacts may jeopardize the fairness of the hearing and result in invalidation of the Commission's decision by court. Any written material sent to a commissioner should also be sent to the commission office for inclusion in the public record and distribut 8 t 1 APPLICATION FOR COASTAL DEVELOPMENT PERMIT APPENDIX A 1 DECLARATION OF CAMPAIGN CONTRIBUTIONS 1 Government Code Section 84308 prohibits any Commissioner voting on a project if he or she has received campaign contributions in excess of $250 within the pas' 1 year from project proponents or opponents, their agents, employees or family, c any person with a financial interest in the project. 1 In the event of such contributions, a Commissioner must disqualify him or herself from voting on the project; failure to do so may lead to revocatior of the permit. 1 Each applicant must declare below whether any such contributions have been made to any of the Commissioners or Alternates listed on the reverse. 1 CHECK ONE 1 xx The applicants, their agents, employees, family and any person with a financial interest in the project HAVE NOT CONTRIBUTED 1 over $250 to any Commissioner(s) or Alternates within t e past year. The applicants, their agents, employees, and/or family, and/or any person having a financial interest in the project HAVE CONTRIBUTED OVER $250 to the Commissioner(s) or Alternates liste 1 e ob�w tVn the past year. the past year. 1 Commissioner Commissioner Commissioner ' October 19, 1992 gnature oJe pp Aa tin ut o ze gent ate 1 y Please print yo Jerry A. Ring 1 A-1 STATE OF CALIFORNIA • CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY PETE WILSON, Governor CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD SANTA ANA REGION 2010 IOWA AVENUE, SUITE 100 n RIVERSIDE. CA 92507.2409� PHONE: (714) 782.4130 FAX: (114) 7111,6288 r IDecember 10, 1992 I Mr. Edward V. Powers, President California Recreation Company 1137 Bayside Drive Corona Del Mar, CA 92625 TRANSMITTAL OF ADOPTED ORDER, CASTAWAYS MARINA, 300 DOVER DRIVE, ' NEWPORT BEACH, ORANGE COUNTY, ORDER NO. 92-72 Dear Mr. Powers: Enclosed is a certified copy of Order No. 92-72. These requirements were adopted by the Board at the December 4, 1992 meeting. Should you have any questions, please contact Michael Adackapara at (909) 782-3238 or Joanne Lee at (909) 782-3291. Sincerely, Gerard J. Thibeault Executive Officer I J �I I I Enclosure: Order No. 92-72 cc: State Water Resources Control Board, Division of Water Quality - Archie Matthews (w/enclosure) Jerry Ring (w/o enclosure) JPL36/92-72.adp RECEIVED Dr. 3 141992 California Recreafion Co. tI ' California RegionalSanta Ana Region Quality Control Board ' December 4, 1992 STAFF REPORT ITEM: 11 SUBJECT: Waste Discharge Requirements for Castaways Marina, Proposed Dredging Project, 300 Dover Drive, Newport ' Beach, orange County, order No. 92-72 DISCUSSION: H H 1 1 I PROJECT DESCRIPTION The Irvine Company, dba- the California Recreation Company, is proposing to dredge approximately 6, 10 0 cubic yards of sediment for the development of Castaways Marina. The proposed marina site is located immediately north of the Pacific Coast Highway Bridge at the intersection of Dover Drive and Pacific Coast Highway in the City of Newport Beach. The proposed marina will include floating and pile=supported facilities such as docks, piers,' slips, a sanitary pumpout facility, as well as on -shore restrooms, showers, utilities, trash containers and storage facilities. Construction of the marina will take approximately 12 months to complete and will involve the dredging of materials from the bottom of Upper Newport Bay adjacent to an existing bulkhead, the excavation and dredging of land behind the existing bulkhead wall, the removal of the existing bulkhead, the installation of a new bulkhead, the dredging of materials following the bulkhead removal and installation, and the construction of the marina and guide piles. The areas to be dredged are shown on Attachment "B" of the order. Bulldozers will be used to excavate the dry material and a clam - shell dredge will be used to remove the wet material on the land side of the bulkhead walls. Dredging of the water side of the bulkhead walls will be accomplished using hydraulic, diesel -driven equipment. Silt curtains with boom devices will be used to confine the turbidity within the project area. Dredging operations will cease if water currents impede the successful containment of turbidity by the silt curtains. Dredged materials at thewill be deposited on -site for dewatering priordisposal Canyon Landfill. The on -site dredged material stockpile area will be diked to prevent any tailwater or runoff from entering the bay. All trucks utilized for hauling the dredged materials will be lined to prevent the discharge of any runoff. To facilitate the excavation of materials on the land side of the bulkhead walls, on -site dewatering operations will be necessary. The dewatering process is accomplished using a well -point dewatering system to draw the groundwater below he proposed dewatering excavation level (approximately 10 feet). Allactivities at this project site will be regulated under Order No. 86-149, NPDES No. CA 0106895, issued to the Irvine Company by the Regional Board for dewatering activities associated with construction projects in orange County. Page 1 of 2 Statement of Basis - cont'd Page 2 of 2 Order No. 92-72 ' The Irvine Company Castaways Marina, Dredging Project ' RECEIVING WATERS/BENEFICIAL USES The project site overlies the Santa Ana Pressure Groundwater ' Subbasin, the beneficial uses of which include municipal and domestic supply, agricultural supply,- industrial service supply, and industrial process supply. Surface drainage from the project site is tributary to Upper Newport Bay, the beneficial uses of ' which include water contact recreation, non -contact water recreation, ocean commercial and nonfreshwater sportfishing, preservation of areas of special biological significance, wildlife ' habitat, preservation of rare and endangered species, marine habitat, and shellfish harvesting. PROPOSED LIMITATIONS ' The limitations for turbidity, suspended solids, and dissolved oxygen are included to protect the beneficial uses of the receiving ' waters. The proposed requirements are considered to be adequate for the protection of the beneficial uses of the waters of the area. ' RECOMMENDATION: Adopt Order No. 92-72 as presented. In addition to the discharger, comments were solicited from the following agencies and persons: U. S. Environmental Protection Agency, Permits Issuance Section (W- 5-1) - Terry Oda ' U. S. District, Los Angeles, Army Corps of Engineers Regulatory Branch U. S. Fish and Wildlife Service - Carlsbad U. S. Coast Guard - ' State Water Resources Control Board - Archie Mathews, Division of Water Quality State Water Resources Control Board - Ted Cobb, Office of the ' Chief Counsel State Department of Water Resources - Los Angeles State Department of Fish and Game - Long Beach State Lands Commission - Long Beach ' California Coastal Commission - Meg Vaughn Orange County Environmental Management Agency, Environmental Resources Division - Chris Crompton Orange County Environmental Management Agency, Harbors, Beaches, and Parks - Tom Rossmiller Orange County Health Care Agency - Robert Merryman orange County Water District - Nira Yamachika City of Newport Beach Planning Department - Patricia Temple Jerry King Kash & Associates - Randy Mason I 1 1 1 !.I 1 IJ 1 1 1 1 L 1 1 1 u California Regional Water Quality Control Board Santa Ana Region Order No._92-72 Waste Discharge Requirements for The Irvine Company dba the California Recreation Company Castaways Marina Dredging Project Newport Beach, Orange County The California ifnRegional Water quality Control Board, Santa Ana Region(hereinafter 1. on November 2, 1992, The Irvine Company, dba the California Recreation Company, (hereinafter discharger) submitted a complete Report of Waste Discharge for waste discharge requirements for the discharge of wastes from a proposed dredging operation at the proposed Castaways Marina site. 2. The proposed marina site is located immediately north of the Pacific Coast Highway Bridge at the intersection of Dover Drive and Pacific Coast Highway in the City of Newort e is shon on Attachmenta"A", which isch. The ihereby on of tmade his sa part ofw wthis order. 3. The proposed marina, when completed, will include floating and pile -supported facilities such as docks, piers, slips, a sanitary pumpout facility, as well as on- shore restrooms, showers, utilities, trash containers and storage facilities. Construction of the marina will take approximately 12 months to complete and will involve the dredging of material from Upper Newport Bay adjacent to an existing bulkhead, the excavation and dredging of material behind the existing bulkhead wall, the removal of the existing bulkhead, the installation of a new bulkhead, the dredging of material following the bulkhead removal and installation, and the construction of the marina and guide piles. Page 1 of 10 J ' Order No. 92-72 - cont'd Page 2 of 10 The Irvine Company Castaways Marina, Dredging Project ' 4. The discharger is proposing to dredge approximately 6,100 cubic yards of material for this project. The areas to ' be dredged are shown in Attachment "B". 5. For dredging in the bay, silt curtains with boom devices to be dredged to ' will be deployed within the areas confine the turbidity within, the project area. Dredging operations will cease if water currents impede the of suspended solids by the silt successful containment curtains. Dredging will be accomplished using hydraulic, diesel -driven equipment. Dredged material will be deposited on -site for dewatering prior to disposal at the -site dredged material Coyote Canyon Landfill. The on stockpile area will be diked to prevent any tailwater runoff from entering the bay or other surface waters of for hauling of the ' the State. All trucks utilized -dredged material will be lined to prevent the discharge of any runoff. For land side dredging, a clam -shell the wet material. dredge will be used to remove be used to excavate the dry material. ' Bulldozers will 6. Due to shallow groundwater at the site, dewatering is on the necessary to facilitate the excavation of material the bulkhead wall. The dewatering process land side of will be accomplished using a well -point dewatering system to draw the groundwater below the proposed excavation level (approximately 10 feet). The discharge of from the site will be regulated dewatering wastes project under Order No. 86-149, NPDES No. CA 0106895, issued to the Irvine Company by the Regional Board for dewatering activities associated with construction projects in Orange County. Order No. 86-149 includes appropriate monitoring requirements. 7. A Water Quality Control Plan was adopted by the Board on May 13, 1983. This Plan contains water quality 'objectives and beneficial uses of waters in the Santa Ana Region. A Basin Plan amendment revising the table of beneficial uses was adopted by the Board on July 14, 1989. ' Order No. 92-72 - cont'd The Irvine Company Castaways Marina, Dredging Project 1 1 I Page 3 of 10 8. All dredged material will be dewatered at the site prior to hauling to the Coyote Canyon Landfill for disposal. The dredged material stockpile area overlies the Santa Ana Pressure Groundwater Subbasin, the beneficial uses of which include: a. Municipal and domestic supply, b. Agricultural supply, C. Industrial service supply, and d. Industrial process supply. Surface drainage in the area is tributary to Upper Newport Bay, the beneficial uses of which include: a. Water contact recreation, b. Non -contact water recreation, 1c. ocean commercial and nonfreshwater sportfishing, d. Preservation of areas of special biological significance, e. Wildlife habitat, f. Preservation of rare and endangered species, g. Marine habitat, and h. Shellfish harvesting. No runoff from the dredged material will be directly discharged to any surface water body. 10. on April 11, 1991, the State Water Resources Control Board (State Board) adopted the California Enclosed Bays and Estuaries Plan (EBEP). The EBEP specifies numeric, narrative, and toxicity objectives and provisions to control the discharge of toxic substances to enclosed bays and estuaries of the state. 11. The requirements contained in this order are necessary to implement the pertinent provisions of the Water Quality Control Plans. 12. In accordance with the California Environmental Quality Act, an environmental impact report (EIR No. 8808) for this project has been prepared and was certified by the City of Newport Beach on February 11, 1992. Regional Board staff has reviewed the EIR and the related documents and has found that the dredging operation will not have any significant adverse impact upon the quality of waters of the area if compliance with the requirements contained in this order is achieved. t ' Order No. 92-72 - cont'd Page 4 of 10 The Irvine Company Castaways Marina, Dredging Project ' 13. The Board has notified the discharger and other interested agencies and persons of its intent to prescribe waste discharge requirements for the discharge ' and has provided them with an opportunity for public hearing and opportunity to submit their written views and ' recommendations. 14. The Board, in a public hearing, heard and considered all comments pertaining to the discharge. ' IT IS HEREBY ORDERED that the discharger shall comply with the following: A. Discharge Specifications 1. There shall be no direct discharge of tailwater from ' dredged materials to any surface water body. 2 Neither the dredging nor the discharge of dredge spoils shall cause a nuisance or pollution as defined in Section `13050 of the California water Code. 3. The discharge of any substance in concentrations toxic to human, animal, plant or aquatic life is prohibited. 4. The discharge of wastes to property not owned or the discharger except as described in this controlled by ' order is prohibited. 5. The excavation of material in the bay shall not cause the turbidity in the bay 100 feet outside the silt curtain to be increased by more than twenty percent (20%). 6. The dredging, dewatering, and construction activities -shall not cause the dissolved oxygen in the receiving waters outside the silt curtain to be depressed below 5.0 mg/l. when natural dissolved oxygen concentrations are less than 5.0 mg/l, the discharge shall not cause a further depression. B. Provisions 1. The discharger shall comply with the Monitoring and IReporting Program No. 92-72. 2. The discharger shall comply with discharge, monitoring, ' and reporting requirements contained in Regional Board Order No. 86-149, NPDES No. CA 0106895. 3. Compliance with Discharge Specifications A.5. and A.6. I shall be based on the results of each individual sample collected as specified in Monitoring and Reporting Program No. 92-72. II i 1 1 1 F 11 1 Order No. 92-72 - cont'd The Irvine Company Castaways Marina, Dredging Project B. Provisions - cont'd Page 5 of 10 4. Prior to dredging, silt curtains shall be deployed within the areas to be dredged to contain suspended particulates and silt. S. In the event of any change in control or ownership of land or waste discharge facilities currently owned or controlled by the discharger, the discharger shall notify the succeeding owner or operator of the existence of this order by letter, a cony of which shall be forwarded to this Board. 6. The discharger shall report any discharge of waste that may endanger health or the environment. Such information shall be provided to the Executive Officer (714-782-4130) and the Office of Emergency Services (800-852-7550), if appropriate, as soon as the discharger becomes aware of the circumstances. A written report shall be submitted within five (5) days of the time the discharger becomes aware of the circumstances and shall contain a description of the discharge and its cause; the period of discharge, including exact dates and times and, if the discharge has not been corrected, the anticipated time to reduce, eliminate, 'and prevent reoccurrence of the discharge. 7. The discharger shall report promptly to the Board any material change in the character, location, and/or volume of the discharge. 8. The discharger shall permit Board staff: a. Entry upon premises in which an effluent source is located, or in which any required records are kept; b. Access to copy any records required to be kept under the terms and conditions of this order; C. Inspection of monitoring equipment or records; and d. Sampling of any discharge. I Gerard J. Thibeault, Executive Officer, do hereby certify that the foregoing is a full, true, and correct copy of an order adopted by the California Regional Water Quality Control Board, Santa Ana Region, on December 4, 1992. A Aza� Ger6yA J. Thibeault Executive Officer ATTAHCHENT "A" ORDER NO. 92-72 CASTAWAYS MARINA LOS ANGELES COUNTY .I RJLLEPTON ANAHMM SAN BERNARDINO t COUNTY tAw ake IV IRVINE PAGE 6 OF 10 RIVERSIDE COUNTY Ioftm\.4 s JJUOmp CAPIISI•RANO , .1 SAN DIEGO 'i 4\ ' COUNTY £ems :��xr•s h6 RON 3''' -,s .;'s'a '"�'`^`✓'S Nad= 0 3 6Miln ~"�,`•i< := i,tp ?,rig 0640011.1 2M a c ; ;,i• Exhibit 8.1 M M M M M M i M M M� M M M M M M ATTARCMENT "B" ORDER NO. 92-72 CASTAWAYS MARINA• NOTES p aomo wo<n m K auoco O woroao w w+m wx�xa ®wsma omi Q nrvoao uav oemcm ra -io uap Hamm •rmumncim on.a..r 0 eana uxo Dui " � Qi MYO4D Sim am ni[ eworM ©mSM1w sttru. Q. eaomm na wmceim sore p manor as rim 0 rwosm rwna maa 0 ennw rmu pniwim ewnnn p maiwa �aararr ui. Q raxsm awrun �+i.-ar ataiw p ranasm an..o tuLL pa rnvosm Hie vrmim ra p !7L rv. PAGE 7 OF 10 pt Y•I - _--- y pf� California Regional Water Quality Control Board Santa Ana Region Monitoring and Reporting Program No. 92-72 for ' The Irvine Company dba the California Recreation Company Castaways Marina Newport Beach, orange County ' A. General Monitoring Requirements This monitoring program shall be implemented with the initiation of the dredging project. A sampling station shall be established for each project area where representative samples of the discharge can be obtained. The following shall constitute the monitoring program. 1. The volume of dredged material excavated shall be .,estimated and recorded on a weekly basis. 2. The Coyote Cany n Landfill ashalllbeadetermined nd rec rded ' in a permanent log. ' 3. A background sampling station shall be designated in Upper Newport Bay to represent the natural conditions in the bay. Additional sampling stations shall be established in the bay 1o0 feet from the silt curtain ' areas. These locations shall be reported to the Board once they are established. ' 4. Weekly, at each of the established sample locations, samples shall be collected at a depth of three feet below the water surface. If conditions at the time of sampling do not allow for sampling at this depth at the designated locations, then another appropriate location shall be used to obtain the necessary samples. A statement regarding the use of alternate sampling locations should ' be included in the report. The samples so collected shall be analyzed for turbidity and dissolved oxygen. Page B of 10 I 1 ' M&RP No. 92-72 Page 9 of 10 The Irvine Company Castaways Marina, Dredging Project 1 A. General Monitoring Requirements - cont'd ' 5. Unless otherwise noted, all sampling, sample preservation, and analysis shall be performed in accordance with the latest edition of "Guideline Establishing -Test Procedures for Analysis of Pollutant" promulgated by the United States Environmental Protection Agency (40 CFR 136). ' B. Reporting 1. The results of the above analyses shall be reported to ' the Board within 24 hours of finding any discharge that is in violation of the discharge specifications. d by the 2 each month g ndoshall rt alinclude l be mthe e following tday forthe previous month: a. A copy of the chemical analyses required under General Monitoring Requirement A.4.1 above, and a copy of the analytical results per Monitoring and Reporting Program No. 86-149, NPDES No. CA 0106895 for the discharge of dewatering wastes, b. A record of the location and the amount in cubic ' yards of material dredged during the month and the cumulative amount todate, C. A record of the percent solids and the amount of dredged material hauled away and disposed of at the Coyote Canyon Landfill, and d. A summary of the previous month's activities. 3. If no material is dredged during the reporting period, a report to that effect shall be submitted in lieu of a monitoring report. 4. All reports shall be arranged in a tabular format to ' clearly show compliance or noncompliance with each discharge specification. 5. For every item where the requirements are not met, the discharger shall submit a statement of the actions undertaken or proposed which will bring the discharge into full compliance with requirements at the earliest .time and submit a timetable for correction. M&RP No. 92-72 The Irvine Company Castaways Marina, Dredging Project Page 10 of 10 B. Reporting - cont'd 6. All reports shall be signed by a responsible officer or duly authorized representative of the d discharger and shall be submitted under penalty Ordered by �`J Ger d J. Thibeault Executive officer December 4, 1992 11 STAY$ OF CALIFORNIA R 10NAL WATER QUALITY CONTROL BOARD P ARTMENT OF HEALTH SERVICES 5 ID WASTE MANAGEMENT BOARD /O �L SIR)DEPARTMENT OF FORESTRY IIttJJll APPLICATION FOR FACILITY PERMIT/WASTE DISCHARGE This form is to be used for filing a/an: (check all appropriate) FOR OFFICE USE ONLY Form 200 Reed _ ' 1.0X REPORT OF WASTE DISCHARGE (pursuant to Division 7 of the State Water Code) Fee IRWQCBl (SWMBI 2. ❑ APPLICATION FOR A HAZARDOUS WASTE FACILITY PERMIT Letter to Discharger (pursuant to Health and Safety Code Section 25200) Report Rec d ' 3. ❑ APPLICATION FOR A SOLID WASTE FACILITIES PERMIT Effective Date (pursuant to Government Code Section 66796.30) COP Notified 4. O APPLICATION FOR A.RUBBISH DUMP PERMIT DOHS No. (pursuant to Public Resources Code Sections 4371-4375 and 4438) SWMB No. I. FACILITY .. NAMC OF FACILITY TEurw<wc (714 ) 6449730 CASTAWAYS MARINA *R300 DOVER DRIVEr NEWPORT BEACH, CA 92660 ,NCR OF ILITYTCL[.M<NR ( 714 J 7202200 ;AMTHEEIRVINE COcMPANY Oaw[ax PO BOX I, NEWPORT BEACH, CA 92658-890 AMC OF MU31HUSS OPCRATING FACILITY CALIFORNIA RECREATION COMPANY T[L[.NONR . (714 ) 6449730 AaGA1137 BAYSIDE DRIVE, CORONA DEL MAR, CA 92625 YIE OF •usamsss OPERATING FACILITY Corporation F Government Agency Sole Proprietorship Partnership I. NAME or ONNER ! OF RUSIN[s! OIERATINO FACILITY TRVwONE . (714 ) 6449730 RECREATION COMPANY �CALIFORNIA aaR1137RBAYSIDENDRIVE, GCORONA DEL MART CA 92625 IS. REASON FOR FILING I II It cN ALL wrrl:o PRUT{: A. v New discharge or facility D. Change in character of discharge e. Existing discharge or facility E. Change in place or method of disposal C. Increase in Quantity of discharie F. Change in design or operation CONSTRUCTION WILL REQUIRE . FACILITY HAS G. Change in business operating facility H. X Enlargement of existing facility 1. $ Other (explain below) SEWAGE PUMPOUT A. Transfer station D. Sewage treatment G. Woodwaste site B. Solid waste disposal site E. Industry ton•site disposal facility) H. }( Other (explain below) C. Hazardous waste disposal site F. Industry Idischarge to sewer) MARINA: WATER REQUIREMENTS AND DISCHARGES -ARE MINIMAL A X Sewage, sewage sludge, and/or E. Agricultural wastes 1. Inert materials a. septic tank pumpings Industrial wastes F. Animal wastes J. Dead animals C. Municipal solid wastes G. Forest product wastes K. Tires D. Hazardous wastes H. Construction/demolition wastes L. X Other (explain below) STORM WATER RUNOFF, SEWAG.' ?UMPOUT, ACCIDENTAL FUEL SPILLS V. SITE DESIGN CAPACITY 1[w110IV CATION ON CAIACITI .ORf16N rOPVLA"ON OA VLTIMATC CAPACITY C. LIIf ixj[ TANCT YCAR• I 50 YR .. •.. I..v •r••1 to VF.RI I Nw,l.•NN I - CICMT • OAILY PLOW IIN MOOT: I I 1 DISPOSAL ---•-- a OR •� •,` I •R�. V 11. LOCATION Or POINT Of oisPOSAL OR OPERATION O lON AND ATTACH MP, SKCTC�In OR�O ATION ON O.i.O.i. OVAON AMC It MAP. ).i OR Ii MINVTC ]CRf: ].) 0 DtSTANCZS OR RC AKIN O AND OIiTANCC "CialLCTION CORN[N ON OVANTCN CONNLR, SUCTION. TOWNSHIP. NANCE, BASE AND MERIDIAN: PORTION OF LOT 1, TRACT NO. 1125 AP #117 801 10 DEVELOP A 71 SLIP MARINA IN AN AREA FORMERLY OCCUPIED BY A 60 SLIP MARINA. PROJECT WILL REQUIRE THE REMOVAL OF EXISTING LANDS BEHIND AN EXISTING BULKHEAD USING TRADITIONAL EXCAVATION TECHNIQUES AND REMOVAL OF WATERSIDE MATERIAL BY THE DREDGING TECHNIQUE. ALL MATERIAL WILL BE HAULED TO A LAND -BASED DISPOSAL SITE (COYOTE CANYON). BOTH LANDSIDE AND WATERSIDE MATERIAL, HAS BEEN EVALULATED BY LEIGHTON & ASSOCIATES FOR COMPLIANCE WITH TITLE 22 & 23 REQUIREMENTS. TESTS HAVE INDICATED THAT MATERIAL IS SUITABLE FOR INLAND DISPOSAL. DURING EXCAVATION, IF ANY MATERIAL IS FOUND UNSUITABLE, IT WILL BE HANDLED BY APPROVED EPA AND STATE PROCEDURES. ' SEE EXHIBITS FOR ADDITIONAL INFORMATION AND DESCRIPTIONS. - v.0 <nI1C Gt OP WATER SUPPLY (CHfGN All A..NorRIATt) II i MUNICIPAL OR UTILITY SERVICE: Has an EIR been prepared for this proiecti If "Yes', please enclose a COPY. If "No", will an EIR be prepared? Will a negative declaration be prepared? If "Yes', please answer the following: OYes n No 11 Yes No Yes E]No I—. S. ❑ INDIVIOUAL IWeus) C. ❑ SURFACE SUPPLY: RwHe or srwa wM, sw,a, sr,N,e. arc. W .ANiol rrra or WwrNw wmNr. I wwraw w.a Nrs rswYn m MCNnsa . Riparian 11 Appropriation 1 L IMPACT REPORT (EIR) li CON PLanow CERTIFICATION I hereby certify under penalty of perjury that the information provided in this application and in any attach- ments is true and accurate to the best of my knowledge. TIT,t TITLES Or ANY ATTACMMCHTS: - � -- EXHIBIT_X;_Description of Project EXHIBIT B: Project X-Section ' EXHIBIT C: CASTAWAYS MARINA Layout EXHIBIT D: CRWQCB Construction Dewatering Regs. for The Irvine Co EXHIBIT 3-1: Regional Location Map -Excerpt from EIR EXHIBIT 3-2: Project Vicinity Map- Excerpt from EIR EXHIBIT 3-7: Dredged_ Material Disposal Map -Excerpt from EIR You will be notified of the correctness of filing fee and submittal of any additional information deemed necessary to complete your Report of Waste Discharge pursuant to Division 7, Section 13260 of the State Water Code, or to complete your permit application pursuant to Government Code Section 66796.30 and Health and Safety Code Section 25200. November 1, 1992 EXHIBIT A EXHIBIT A Project Description ' CASTAWAYS MARINA Applicant: California Recreation Company dba The Irvine Company ' The following is a detailed description of the construction process as it relates to material handling and water -related issues. It is expected that the construction of the basin will take up to 6 months. i1. The project impacts water quality in the following ways: ' a) During Construction: Due to the excavation and dredging required to construct the basin, water quality is temporarily impacted. b) After Project Completion: Water quality is subject to accidental spills due to the nature of boats occupying waterspace and holding fuel. Rainwater runoff will be collected and directed to the City storm sewer system. Periodic maintenance dredging is expected every 5 year cycle. 2. THE CONSTRUCTION PROCESS Refer to Exhibit B for graphic iepresentation of the construction process. a) PHASE 1: Dredging the Waterside of the Existing Bulkhead 1) The contractor will begin the work by dredging the water -based material noted by the circled letter "A" (Area A) in Exhibit B. Dredging will be performed using a clam shell. Floating siltation boom devices with curtain extension of 18 to 24 inches will be used to confine the turbidity within the project area. Work will be temporarily curtailed if water currents impede the successful containment required of these siltation curtains. 2) Dredged materials will be placed on the existing site and allowed to dry to acceptable levels prior to hauling to Coyote Canyon. Runoff, if any, from this material will be contained within a diked area encircling the stockpiled material. Water will be collected, analyzed, and treated, if necessary. All trucks utilized for the hauling process will be lined so as to contain the material and prevent latent water from escaping from the truck bed. b) PHASE 2: Excavation of the Landside of the Existing Bulkhead - 1 - I November 1, 1992 EXHIBIT A (Area "B") 1) Prior to excavating the Landside of the existing ' bulkhead, all permanent sheetpiles will be driven. Along with the existing concrete bulkhead that separates the water from the existing land, the new basin will be fully surrounded and contained by new and existing sheetpile ' walls. 2) Once bulkheads have been constructed, dewatering well points and a header system will be installed. This system will "pull" the water table down so that conventional excavation can commence. ' Water withdrawn from below the site will be chemically evaluated, on a continuous basis, for content of undesirable elements such as traces of hydrogen sulfide, which gives off an unpleasant odor. If found, water will ' be placed in storage tanks and treated to acceptable levels. Acceptable and/or treated water will then be either ' returned to the bay or injected into the storm sewer, depending on the desires of the governing agencies. 3) Once dewatered, excavation of the site will commence using traditional front-end loaders and haul trucks. c) PHASE 3: Removal of the Existing Bulkhead ' 1) The final phase of creating the basin will be to remove the existing bulkhead. When this wall is removed, localized bottom material that was left submerged (Area "C") to help stabilize the wall during the work will "slough off" and require re -dredging to establish final contours. ' Siltation curtains will be put in place prior to this bulkhead removal to minimize the extent of turbidity. I II II II II d) PHASE 4: CONSTRUCTION OF THE DOCK SYSTEM 1) The construction of the dock system consists of driving guide piles into the bay bottom and setting prefabricated floating dock mainwalks and fingers into the water in a pre -arranged configuration. a] Driving quidepiles may have a very localized impact on the turbidity of the bay bottom. A siltation curtain surrounding the site could be implemented, but it is not considered necessary for such a localized and minor condition. - 2 - I! 1 November 1, 1992 EXHIBIT A e) PHASE 5: Occupancy of the Basin and Operation of the Marina 1) This is the final phase of the project. Strict guidelines for tenant regulations have been specified in the Environmental Impact Report. Regulations include use of antifouling paint, refuse management, spill control procedures, and operation of the sanitary pump -out facility. 2) It is anticipated that maintenance dredging will be required on a 5 year cycle, thus requiring application for ACOE & RWQCB review and approval. MM 7 L EXHIBIT B' �n ' CASH &ASSOCIATES ■ ENGINEERS S� d Zl- tv J ea D z k 1 PROJECT: Gf457W IAMK--! 4�AP lIA f �o✓ECT /�E�pis�rian/ JOB No.: 24_ `%Z. 03 DATE: OG1 29 / Z TIME: MEMO- PHONE- FIELD - CONF. I `I ,14 n I 1= a 34 - 42• SUPS 54 PARKING PARKING REQUIRED .75 X 71 - 54 SPACES 37 - 40r SUPS 2 H.C. PARKING TOTAL 71 SUPS TOTAL 56 PARKING SPACES / LIMITS DF 'TOY ADJUDICATED LINE OF HALIBUT ZONE MEAN ORDINARY HIGH TIDE / yy J 1 �•©^� is Jam'( � i i ��. JQQF,l P I - » r / /Cti Alt rI n DATE: JAN 27. 92 ' EXHIBIT D California Regional Water Quality Control Board a Ana Region ' ORDER N0. 86-149 NPDE N0. CA 09 06895 Waste Discharge Requirements For ' The Irvine Company Construction Dewatering Orange County The California Regional Water Quality Control Board, Santa Ana Region, (hereinafter Board), finds that: 1. The Irvine Company (hereinafter discharger) currently discharges dewa- under waste tering wastes associated with construction activities in Order No. 81-200 (NPDES No. CA discharge requirements contained 0106895). Order No. 81-200 will expire on October 1, 1986. On July 14, 1986, the discharger submitted application No. CA 0106895 ' 2. for'the renewal of the permit to discharge. 3. Undetermined amounts of dewatering wastes will be discharged to various thereof, within the Orange County area, ' surface waters, or tributaries limited to, San. Diego Creek, the Pacific Ocean, and including but not coastal bays and estuaries. 4. The Board adopted a Water Quality Control Plan (Basin Plan) on May 13, objectives and beneficial uses 1983. This plan contains water quality of waters in the Santa Ana Region. 5. These requirements are necessary to implement the Basin Plan. ' 6. contacttrecrng astes may The beneficial uses of the streams to which the supply,water be discharge include agricultural non -contact water recreation, wildlife habitat, warm freshwater habi- endangered ' tat, ground water recharge, and preservation of rare and beneficial uses of bays to which the streams are species. The major tributary include navigation, water contact recreation, ocean comer - habitat, preservation wildlife cial and sport fishing, wildlife habitat, marine of a special biologically significant area, shellfish harvesting, and Beneficial uses of the preservation of rare and endangered species. supply, Pacific Ocean (nearshore zone) include industrial service recreation,* ocean commercial and sport ' navigation, water contact habitat, shellfish harvesting and preservation of areas fishing, marine of special biological significance. 7. The issuance of these waste discharge requirements is exempt from the Environmental Quality Act (Public provisions of the California Code, Section 21000 et seq.) in accordance with Section 13389 Resources of the California Water Code. 1 1 • Order No. 86-149 The Irvine Company •1 I 1 rJ I I J u Page 2 8. The Board has notified the discharger and interested agencies and per- sons of its intent to prescribe waste discharge requirements for the discharge and has provided them with an opportunity to submit their written views and recommendations. 9. The Board, in a public meeting, heard and considered all comments per- taining to the discharge. IT IS HEREBY ORDERED that the discharger, in order to meet the provisions con- tained thereunder 0and sthe provisions ion 7 of the aoffthe �Federal Water a Water Code a Pollution nd tControl ions oAct dand regulations and guidelines adopted thereunder, shall comply with the following: A. Effluent Limitation 1: The maximum daily disch rge for any single project shall not exceed 500,000 gallons (1,895m-1). 2. The discharge of dewatering wastewater in excess of the following limits is prohibited: Constituents Total Sulfides Suspended Solids Methylene Blue Active Substances Total Phosphate Chlorine Residual Oil and Grease Maximum Daily Concentration 0.2 mg/1 50 11 0.5 11 20 0.1 None Visible Mass emission rates have not been established for these discharges, since the flow for individual projects cannot be predicted at this time. 3. Neither the treatment nor the discharge of wastes shall cause a nuisance or pollution, as defined in the California Water Code. 4. The discharge of any substance in concentrations toxic to human, animal, plant, or aquatic life is prohibited. B. Receiving Water Limitations I. The discharge shall not cause the turbidity of the receiving water to be 'increased by more than twenty (20) percent. 2. When the discharge is to a watercourse in which there is continuous flow, the discharge shall not cause the dissolved oxygen concentration in the receiving water to be depressed below 5.0 mg/l. When ambient con- centrations are less than 5.0 mg/l, the discharge shall not cause a further depression. 11 1 .. Order No. 86-149 The Irvine Company 3. The discharge shall not cause a violation of any appli- ' standard for receiving waters adopted by the Regional , Water Resources Control Board as required by the Feder. Control Act and regulations adopted thereunder. If mo- cable water quality standards are promulgated or appro- Section 303 of the Federal Water Pollution Control Act thereto, the Board will revise and modify this order it such more stringent standards. C. Provisions 1. The discharger shall comply with Monitoring and Report- 86-149. 2. The discharger shall comply with the attached "Standarc ' Reporting Requirements" with the exception of the-fol,lc A.18, 19, 20, 21, 22, 24, 25, and 26; B.4., 6, 7, and'[ 8.b; D.i., 2, 3, 9, 10, 11, and 12; and E.1., 2, 3, 4; 3. The order expires on September 1, 1991, and the dischat report of waste discharge in accordance with Title 23, Administrative Code, not later than 180 days in advance application for issuance of new waste discharge require 4. This order shall serve as a National Pollutant Discharc System permit pursuant to Section 402 of the Federal Wt Control Act or amendments thereto and shall become effe ` date of its adoption provided the Regional Administratc Environmental Protection Agency has no objection. If •1 Administrator objects to its issuance, the permit shall tive until such objection is withdrawn. 5. This order rescinds Order No. 81-200. I, James R. Bennett, Executive Officer, do hereby certify the full, true, and correct copy of an order adopted by the Calif Water Quality Control Board, Santa Ana Region, on September 1 I C H f I i ' CALIFORNIA RF.CIONAL WATER gIIALITY CONTROL BOARD SANTA ANA RF.CION ' Sentenber 12, 1936 STANDARD PROVISIONS AND REPORTING RFQUIREMF.NTS • A. General Provisions ' 1. The requirements prescribed herein do not authorize the commission of any act causing injury to the property of another, nor protect the discharger*from his liabilities under federal, state, or local laws, nor ' guarantee the discharger a capacity right in the receiving waters. 2. The discharger must comply with all of the terms, requirements and con- ditions of this order. Any violation of this order constitutes a viola- tion of the Clean Water Act, its regulations and the California Water Code, and is grounds for enforcement• action, termination of the order, revocation and reissuance of the order, denial of an application for reissuance of the order; or a combination thereof. 3. The provisions of 'this order are severable, and if any provision of this order, or the application of any provision of this order, or the application of any provisions of this order to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of this order shall not be affected thereby. ' 4. This order may be modified, revoked and reissued, or terminated for The filing of a request by the discharger for modification, cause. and reissuance, or termination of this order or a notifica- .revocation tion of planned changes or anticipated noncompliance does not stay any permit condition. ' S. This order may be modified prior to the expiration data to include effluent limitations for toxic constituents determined to be present in significant amounts in the discharge through a more comprehensive moni- ' toring program included as part of this order. 1, This order does not convey any property rights of any sort, or any ' exclusive privilege. 7. In the event of any change in control or ownership of land or waste discharge facility presently owned or controlled by the discharger, the ' discharger shall notify the succeeding owner or operator of the existence of this order by letter, a copy of which shall be forwarded to ' this Board. LE 1 -4 ' 8. This order is not transferable -to any person except after notice to the Regional Board. The Regional Board may require modification or revoca- tion and reissuance of this order to change the name of the discharger and incorporate such other requirements as may be necessary under the Clean Water Act. 9. The discharger shall comply with effluent standards or prohibitions t established under section 307(a) of the Clean Water Act for toxic pollu- tants within the time provided in the regulations that establish these standards or prohibitions, even if this order has not yet been modified ' to incorporate the requirement. 10. Violation of any of the provisions of the NPDES program or of any of the ' provisions of this order may subject the violator to any of the thereof, at the discre- penalties described herein, or any combination tion of the prosecuting authority; except that only one kind of penalty may be applied for each kind of violation. 11. The Clean Water Act (CWA) provides that any person who violates a provi- Sion implementing sections 301, 302,. 306, 307, or 308 of the CWA is sub- ' ject to a civil penalty not to exceed $10,000 per day of such violation. - implementing Any person who willfully or negligently violates provisions these sections of the CWA is subject to a fine of not less than $2500 nor more than $25,000 per day of violation, or by imprisonment for not ' more than 1 year, or both. // 12. The California Water Code provides that any person who violates a waste discharge requirement or a provision of the California Water Code is subject to civil penalties of up to $5,000 per day, $10,000 per day, or $25,000 per day of violation, or when the violation involves the ' discharge of pollutants, is subject to civil penalties of up to $10 per. gallon per day, or $20 per gallon per day of violation; or some com- bination thereof, depending on the violation, or upon the combination of violations. 13. It shall not be a defense for a discharger in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this order. 14. The Regional Board, EPA, and other authorized representatives shall be ' allowed: (a) Entry upon premises where a regulated facility or activity is located or conducted, or where records are kept under the conditions of this order; -5- I 1 (b) Arcenq to copy any recordn that are kept under the conditionn of this order; ' (c) To inspect any facility, equipment (including monitoring and control equipment), practices, or operations regulated or required under this order; and ' (d) To photograph, sample and monitor for the purpose of assuring compliance with this order, or as otherwise authorized by the Clean Water Act. ' 15. The discharger shall take all reasonable steps to minimize or prevent any discharge that has a reasonable likelihood of adversely affecting human health or the environment. 16. The discharger shall take all reasonable steps to minimize any adverse impact to receiving waters resulting from noncompliance with any effluent limitations specified in this order, including such accelerated or addi- tional monitoring as necessary to determine the nature and impact of the noncomplying discharge. 17. The discharger shall, at all times, properly operate and maintain all facilities and systems of treatment and control (and related appurtenan- ces) which are installed or used by the discharger to achieve compliance with this order. Proper operation and maintenance includes effective performance, adequate funding, adequate staffing and training, and ade- quate laboratory and process controls, including appropriate quality assurance procedures. The discharger shall keep in a state of readiness all systems necessary, at any time, to achieve compliance with the waste discharge require- ments. All systems, both those in service and reserve, shall be inspected and maintained on a regular basis. All reserve units shall be regularly tested by placing into service. Records shall be kept of the tests and made available to the regulatory agencies. 18. Bypass (the intentional diversion of waste streams from any portion of a treatment facility) is prohibited. The Regional Board may take enforce- ment action against the discharger for bypass unless: (a) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage. (Severe property damage means substantial physical damage to property, damage to the treatment facilities that causes them to become inoperable, or substantial and permanent loss of natural resources that can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean eco- nomic loss caused by delays in production.); 1 1 -6- E LJ! I I I (b) There were no feasible alternatives to bypass, such as the une of auxiliary treatment facilities, retention of untreated waste, or maintenance during normal periods of equipment down time. This con- dition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass that could occur during normal periods of equip- ment down time or preventive maintenance; and (d) The discharger submitted a notice at least ten days in advance of the need for a bypass to the appropriate Regional Board. The discharger may allow a bypass to occur that does not cause effluent limitations to be exceeded, but only if it is -for essential maintenance to assure efficient operation. In such a case, the above bypass con- ditions are not applicable. The discharger shall promptly notify the Regional Board and the EPA within 24 hours of each such bypass. 19. "Upset" means an exceptional incident in which there is unintentional and temporary noncompliance with permit effluent limitations because of factors beyond the reasonable control of the discharger. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facili- ties, lack of preventive maintenance, or careless or improper action. A discharger that wishes to establish the affirmative defense of an upset in an action brought for noncompliance shall demonstrate, through pro- perly signed, contemporaneous operating logs, or other relevant evidence that: (a) an upset occurred and that the discharger can identify the cause(s) of the upset; (b) the permitted facility was being properly operated at the time of the upset; (c) the discharger submitted notice of the upset as required in General Reporting Provision D.8; (d) the discharger complied with any remedial measures required under General Provision A.15. No determination made before an action for noncompliance, such as during administrative review of claims that noncompliance was caused by an upset, is final administrative action subject to judicial review. In any enforcement proceeding, the discharger seeking to establish the occurrence of an upset has the burden of proof. -7- Safeguard to electric power failure: ' a. The discharger shall maintain in good working order a sufficient alternate power source for operating the wastewater treatment and disposal facilities. All equipment shall be located to minimize failure due to moisture, liquid spray, flooding, and other physical ' phenomena. The alternate power source shall be designed to permit inspection and maintenance and shall have provision for periodic ' testing. b. If such alternate power source is not in existence, the discharger shall halt, reduce, other otherwise control all discharges upon the ' reduction, loss, or failure of the primary source of power. II II II II 9-1 ICI /A 21. The discharger's wastewater treatment plant shall be supervised and operated by persons possessing certificat en of appropriate grade pur- suant to Chapter 3, Subchapter 14, Title 23, California Administrative ' Code. /A 22. Solids, sludges, filter backwash, and other pollutants removed in the treatment or control of wastewater shall be disposed of in the manner approved by the Executive officer of the Regional Board. 23. The discharge of any radiological, chemical, or biological warfare agent ' or high level radiological waste is prohibited. 24. The following wastes - shall not be introduced into the treatment works: a. Wastes which create a fire or explosion hazard in the treatment works; r b. Wastes which will cause corrosive structural damage to treatment works, but, in no case, wastes with a pH lower than 5.0 unless the works are designed to accommodate such wastes; 1 C. Solid or viscous wastes in amounts which would cause obstruction to the flow in sewers or otherwise interfere with the proper operation of the treatment works; or d. Wastes at a flow rate and/or pollutant discharge rate which is excessive over relatively short time periods so that there is a �. treatment process upset and subsequent loss of treatment efficiency. /Q 25. The discharger shall ensure compliance with any existing or future pretreatment standard promulgated by EPA under Section 307 of the Federal Water Pollution Control Act or amendments thereto for any discharge to the municipal system. IL/ �t 26. The discharger shall require each user to submit periodic notice (over intervals not to exceed nine months) of progress toward compliance with applicable toxic and pretreatment standards developed pursuant to the Federal Wter dischargers shall pollution a ocopy lof such rnotice dto tthereto. the Board and the Regional Administrator. B. Provisions for Monitoring 1. Water quality analyses shall be performed in accordance with the most recent edition of "Environmental Protection Agency Regulations on Test Procedures for the Analysis of Pollutants promulgated by EPA (40 CFR 136). in addition, the Board and/or EPA, at their discretion, may spe— cify test methods which are more sensitive than those specified in 40 CRF 136. ' be conducted 2. Chemical, bacteriological, and bioaiiny analyse< shall at a laboratory certified for such analysen by the State Department of Health ' Services or EPA. 3. Records of monitoring information shall include: The date, exact place, and time of sampling or measurements; a. b. The individual(s) who performed the sampling or measurements; ' C. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and ' f. .The results of such analyses. 4. The discharger shall have, and implement, an acceptable written quality be (QA) plan for laboratory analyses. An annual report shall assurance submitted by January 30 of each year which summarizes the QA activities for the previous year. Duplicate chemical analyses must be conducted on a minimum of ten percent (10%) of the samples, or at least one sample be per month, whichever is greater. A similar frequency shall main- tained for analyzing spiked samples.. When requested by the Board or:EPA, the discharger will participate in QA study. The permit - the NPDES discharge monitoring report performance tee must have a success rate equal to or greater than 80%. 5. Sample containers, preservations, and hold times shall conform with those in 40 CFR Part 136. /A 6. Influent samples shall be taken at each point of inflow to the in -plant return flows, and wastewater treatment plant, upstream of any shall be representative of the influent to the treatment plant. 7. Effluent samples shall be taken downstream of the last addition of waste may be fffVVV to the treatment or discharge works where a representative sample obtained prior to mixing with the receiving waters. 8. All monitoring instruments and devices used by the discharger to fulfill /A the prescribed monitoring program shall be properly maintained and calibrated as necessary to ensure their continued accuracy. 9. The flow measurement system shall be calibrated at least once per year or more frequently, to ensure continued accuracy. ' -10- C I r an unt •r Act provideq thnt Any prrgnn who fAlNifleA, tamprrq ' 10. The knowingly renders inAccurat e any monlLnrinp device or mat hod with, or to be mAinLained under this permit shall, upon conviction, be be required impri- by a fine of not more than 510,000 per violation, or both. ' punished sonment for not more than six months per violation, or by C. Repo :inp Provisions for Monitoriin ' 1. For every item of monitoring data where the requirements are not met, submit a statement of the actions undertaken or the discharger shall will bring the discharge into full compliance with proposed which the earliest time, and shall submit such information, in ' requirements at within two weeks of becoming aware of noncompliance. writing, 30 of each year, the discharger shall submit an annual report �! A 2, By January Board. The report shall contain both tabular and graphical sum- to the the monitoring data obtained during the previous year. In maries of the discharger shall discuss the compliance record and the addition, taken or planned which may be needed to bring the corrective actions into full compliance with the waste discharge requirements. discharge 3. The discharger shall retain records of all monitoring information, results, all monitoring equipment including all sampling and analytical records, all original strip charts from con- calibration and maintenance devices, all data used to complete the application tinuous monitoring all reports required by this order. The for this order, and copies of records shall include the exact location, date, sampling and analytical sampling; the analyst's name, and the analytical techniques 1 and time of Such records shall be retained for a period of at least three used. from the date of the sample, report, or application. This period years be extended during the course of any unresolved ' of retention shall litigation regarding this discharge or by the request of the Board. file with the Board technical reports on self - 4. The discharger shall according to the detailed specifications con- monitoring work performed and Reporting Program or as directed by the tained in any Monitoring Executive Officer. f� S. Discharge monitoring data shall be submitted to the extent possible on forms to be supplied by the Board preprinted Discharge Monitoring Report include magnetic and EPA. Other specific reporting formats which may be at a ' tape, punched cards or direct computer .entry may prescribed discharge flows shall be later date. unless otherwise specified, the 30-day average and the daily maximum discharge reported in terms of flows. The results of all monitoring required by this order shall be reported the Board, and shall be submitted in such a format as to allow direct ' to comparison with the limitations and requirements of this order. ' -11- I i 1 1 I'Y" 1 I IN h. The results of any analysis of samples taken more frequently than required at the locations specified in the Monitoring and Reporting Program shall be reported to the Board. 7. The discharger shall submit to the Board, by January 30 of each year, an annual summary of the quantities of all chemicals listed by both trade and chemical names which are used for cooling and/or boiler water treat— ment and which are discharged. 8. The discharger shall mail a copy of each monitoring report on the appropriate form to be supplied by the Board and any other reports required by this order to: a. California Regional Water Quality Control Board Santa Ana Region 6809 Indiana Avenue, Suite 200 Riverside, CA 92506-4298 b. A copy of such monitoring report for those discharges des-ignated as a major discharge shall be mailed to: Regional Administrator Environmental Protection Agency Region 9, Attention; C—A—CMR (W-3-1) 215 Fremont Street San Francisco, CA 94105 D. General Reporting Provisions 1. All applications, reports, or information submitted to the Regional Board shall be signed and certified in accordance with 40 CFR 122.22. 2. The discharger shall submit to the Board on or before each compliance report date, a report detailing his compliance or noncompliance with the specific schedule date and task. 3. if noncompliance is being reported, the reasons for such noncompliance shall be stated plus an estimate of the date when the discharger will be in compliance. The discharger shall notify the Board by letter when compliance with the time schedule has been achieved. 4. The discharger shall furnish, within a reasonable time, any information the Regional Board or EPA may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this order. The discharger shall also furnish to the Regional Board, upon request, copies of records required to be kept by this order. -12- i5. discharge at shall file With the Board a report of waste The discharger before making, any material change or proposed change to least 120 days location, or volume of the discharge. ' the character, 6, The discharger shall give advance notice to the Regional Board as soon additions to the per- as possible of any planned physical alterations or mitted facility. 7, The discharger shall give advance notice to the Regional Board of any that may result ' planned changes in the permitted facility or activity discharge requirements. in noncompliance with these waste ' 8. Noncompliance Reporting (a) The discharger shall report any noncompliance that may endanger information shall be provided to the ' health or the environment. Any (714-782-4130) and the Office of Emergency Executive Officer (1-800-852-7550), if appropriate, as soon as the discharger Services the circumstances. A written report shall be sub - becomes aware of within 5 days and shall contain a description of the non- including witted compliance and its cause; the period of noncompliance, if the noncompliance has not been exact dates and times and, time it is expected to continue; and ' corrected, the anticipated or to reduce, eliminate, and prevent reoc- steps taken planned currence of the noncompliance. (b) The following shall be included as information that must be reported within 24 hours under this paragraph: i. Any unanticipated bypass that exceeds any effluent limitation in this order. ii. Any upset that exceeds any effluent limitation in this order. iii. Any violation of a maximum daily discharge limitation for any of the pollutants listed in this order. (c) The Regional Board may waive the above -required written report on a -by -case basis. 'case file a written report with the Board within ninety N�p. 9• The discharger shall dry -weather waste flow for any month equals (90) days after the average or exceeds 75 percent of the design capacity of his waste treatment senior administrative disposal facilities. The discharger's and/or officer shall sign a letter which transmits that report and certifies it. The report that the policy making body is adequately informed about shall include: t 1 -13- n. Ave rnrc daily flow for the month, the date on which the instan- tancous peak flow occurred, the rate of that peak flow, and the total' flow for the day. ' b. The discharger's best estimate of when the average daily dry -weather flow rate will equal or exceed the design capacity of his facili- ties. ' C. The discharger's intended schedule for studies, design, and other steps needed to provide additional capacity for this waste treatment ' and/or disposal facilities before the waste flow rate equals the capacity of present units. (Reference: Sections 13260, 13267(b), and 13268, California Water Code.) IlA 1 I r, II 11 II 10. The discharger shall provide adequate notice to the Regional Board of: a. Any new introduction of pollutants into the POTW from an indirect discharger that would be subject to Sections 301 or 306 of the Clean Water Act if it were directly discharging those pollutants. b. Any substantial change in the volume or character of pollutants being introducted into that POTW by a source introducing pollutants into the POTW at the time of issuance of this order. Adequate notice shall include information on the quality and quantity of effluent introduced into thPaas las any anticipated impact the change on the quantity 'orquality of effluent tobedischargedfrom the POTW. 11. The discharger. shall file with the Board within ninety (90) days after the effective date of this order a technical report on his preventive (failsafe) and contingency (cleanup) plans for controlling accidental discharges and for minimizing the effect of such events. The technical report should: a. Identify the possible sources of accidental loss, untreated waste bypass, and contaminated drainage.. Loading and storage areas, power outage, waste treatment outage, and failure of process equipment, tanks, and pipes should be considered. b. Evaluate the effectiveness of present facilities and procedures and state when they become operational. Describe facilities and procedures needed for effective preventive and contingency plans. c. Predict the effectiveness of the proposed facilities and procedures and provide an implementation schedule containing interim and final dates when they will be constructed, implemented, or operational. (Reference: Sections 13267(b) and 13268, California Water Code.) 1 -14- 'anufacturin commercial, mining, And Ailvieultnral 12. Alll existing mu, R 1 N�A diAehargers mu Al notify the Regional Board sA anon an they know or have reason to believe: ' a. that any activity has occurred or will occur that would result in the discharge of any toxic pollutant that is not limited in this order, if that discharge will exceed the highest of the following "notification levels:" (i) One hundred micrograms per liter (100 in an Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/1) for ' 2,4-dinitrophenol and 2—methyl-4,6—dinitrophenol; and one milligram per liter 0 mg/1) for antimony; (iii) Five (5)'•times the maximum concentration value reported for that pollutant in the permit application; or ' (iv) The level established by the Regional Board in accordance with 40 CFR 122.44(f). b. that they have begun or expect to begin to use or manufacture as an intermediate or'final product or byproduct any toxic pollutant that was not reported in the permit application. ' 13. Except for data determined to be confidential under Section 308 of the Federal Water Pollution Control Act, all reports prepared in accordance ' with terms of this order shall be available for public inspection at the offices of the Regional Water Quality Control Board and the Regional Administrator of EPA. As required by the Federal Water Pollution Control Act, effluent data shall not be considered confidential. Knowingly making any false statements on any such report may result in the imposition of criminal penalties as provided for in Section 304 of the Act and Section 13387 of the California Water Code. ' 14. The CWA provides that any person who knowingly makes any false statement, representation, or certification in any record or other document sub— witted or required to be maintained under this permit, including moni— toring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than months per violation, 1 or by both. E. Definitions 1. The daily mass emission rate is obtained from the following calcula— tion for any calendar day: ' 8.34 N Daily mass emission rate (lbs/day) N iEl Qi Ci Daily mass emission rate (kg/day) 3.78 N Qi Ci ' igl in which N is the number of samples analyzed in any Qi and Ci are the flow rate (MGD) and the constituent l (mg/1) respectively, which are associated with each samples which may be taken in any calendar day. calendar day. concentration of the N grab 1 _15- 1 If a composite sample is taken, Ci is the concentration measured in the composite sample and Qi is the Average flow rate occurring samples are compoeited. during the period over which ' The daily concentration of all constituents shall be determined from the flow —weighted average of the Same constituents in the combined waste streams as follows: ' 1 N Daily concentration'' Qt E Qi Ci in which N is the number of component waste streams. Qi and Ci are (MCD) and the constitute concentration (mg/1), respective— the flow rate ly, which are associated with each of the N waste streams. Qt is the waste streams. total flow rate of the combined 2. The "30—day, or 7—day, average" mass emission rate is the total mass F/A rates by weight during a 30, or 7, consecutive calendar day emission period, respectively, divided by the number of days in the period that the facility was discharging. Where less than daily sampling is required by this permit, the 30—day, or 7—day, average discharge shall be determined by the summation of all the measured mass emission rates by weight divided by the number of days during the 30, or 7, con— secutive calendar day period when the measurements were made. For other than 7—day or 30—day periods, compliance shall be based upon the average of all measurements made during the specified period. A 3. The "daily maximum" discharge means the total discharge by weight during any calendar day. ' 4. The "30—day, or 7—day, average" concentration, other than for fecal or /a total coliform bacteria, is the arithmetic mean of measurements made during a 30, or 7, consecutive calendar day period, respectively. The for fecal or total coliform "30—day, or 7—day, average" concentration bacteria is the geometric mean of measurements made during a 30, or 7, consecutive calendar day period, respectively. The geometric mean is ' the nth root of the product of n numbers. S. The "maximum daily" concentration is defined as the measurement made on any single grab sample or composite sample. 6. A "grab" sample is defined as any individual sample collected in less than 15 minutes. !A 7. A composite sample is defined as a combination of no fewer than eight ._ individual samples obtained over the specified sampling period. The volume of each individual sample shall be proportional to' the discharge flow rate at the time of sampling. The compositing period shall equal the specific sampling period, or. 24 hours, if no period is specified. -16- California Regional Water Quality Control Board Santa Ana Region { Monitoring and Reporting Program No. 86-149 ' NPDES No. CA 0106895 for The Irvine Company Construction Dewatering Orange County Construction Dewaterinq 1. Not less than 30.days prior to commencing any project which could result in the discharge of dewatering wastes, the discharger shall submit to the Board a report containing the following: a. A plot plan showing the location of the proposed project and all points of discharge to surface waters. b. A construction time schedule including the anticipated commencement date and completion date of the project, and of dewatering activities. c. A description of methods to insure that the waste discharge will comply with the requirements contained in this order. d. A plan giving details of methods of control for erosion due to general construction activities of the project or the reason such controls are not �. needed. A copy of the report shall be sent to: ' Regional Manager Department of fish and Game, Region 5 Attention: Environmental Services Branch 245 West Broadway Long Beach, CA 90802 2. The discharger shall verbally notify the Board of the start of all reported projects within 10 days•of the start of the project. Effluent Water Monitoring A sampling station shall be established for each point of wastewater discharge from construction dewatering. The sampling station shall be located where representative samples of the wastewater can be obtained. The following shall constitute the effluent monitoring: 1 -17- Monitoring and Reporting Program No. 86-149 The Irvine Company Type of Minimum Frequency Constituents Units Sample of Analysis Flow gallons Estimate Daily Total Sulfides mg/1 Grab Weekly Suspended Solids Methylene Blue Active „ Substances (if applicable) it Total Phosphate (if applicable)1If „ Chlorine Residual (if applicable)2 pH Units pH A check for the presence of visible oil residues or odors of solvents or hydro- carbons in the waste discharge shall be made daily and reported. The presence of any of these constituents shall be reported to the Executive Officer of the Board within 24 hours of detection. Receiving Water Monitoring Once per week, where applicable, two samples shall be collected from the receiving water and analyzed for turbidity and dissolved oxygen. One sample shall be collected at a conveniently located station 25 to 50 feet upstream from the point of discharge. The other sample shall be collected at a conveniently located station 50 to 100 feet downstream from the point of discharge. Reporting The discharger shall implement the above monitoring program with the commence- ment of the discharge. Monitoring reports shall be submitted by the dates in the following schedule: Report Monitoring Period Report Due Effluent Monitoring Weekly, commencing Monday Friday of the following week Receiving Water Monitoring Is ' If no discharge is made during any given month, a statement reporting this fact shall be submitted in lieu of the monitoring reports. ' All reports shall be signed by a responsible officerorduly authorized employee of the Irvine Company and shall be submitted under penalty of perjury. _J i/ If projects are 2/ If chlorination pipelines. Ordered by ntll_J 1%. VI­.u.I­', xecutive Officer /September 12 1986 in the vicinity of active sewer lines. is utilized for treatment of wastes or disinfection of -18- I I i LOS ANGELES COUNTY .1 r%_ z. rt r TM-MM 1 SAN BERNARDINO COUNTY <; 0 0o-P4N ,. lr;w 2as. E��Yyi�G�* IC'�C,ji11.rt`C�.?r;" .. RIVERSIDE COUNTY CPPISTT NO /SAN DIEGO COUNTY ��NN >3N I I I I I I H Noah 0 3 W In 0640011.1 1J90 Exhibit 3-1 III I1-7/\�l��: ^ ��! ' ova uv )'' 1. 11� r ME 10P •�`� l�i• C�JI�`iT 'CPe ^�j Al I i� ��I Project �j�f'; io^fit. yu p�►�iQ i Site - -• r , �/ i / �. d© '��,Q���E,t� "IOpP� �i-,;�- ��� `�'���'1(.-i�c�'•rI `._. ��\y�: +1 _ >,/ (�,��%�''•' m � • `` ` I I ` � !:: ` i C G wig- �1+ `°'+ �'�"k/ J'S ��.1' ''�'�4', 2R '���Cy 'x` �• � � ,;i ys�00orlt 1�o�-i.—:w• + :nmjjyiiuei ,u;;a. ��/� �`~ � ' �• -F� v o)^� � �� T°ua.r h-� - _.•.--9 1':.�- O Qua , o�-`�. � � t j IIIc'':`-. i o� c - a L� - �.. ' J _': e;'••:, �EE�c;L��:. � p ' r J.,. s _ c ccc �c � a �'• � � C•� r � r.' �; t ' '� � rlJ c,��;;�.l` a •-� af? mooGJO rJ� !g ,,,T - • \`}~� ` �: Lai©©�©��gG�DI� ' al . d =' �N ' OGW >-t UN . •N ExhNt 3-2 7 i1 I ' THE IRVINE COMPANY RECEIVED F1.6,0'19Ji ' February 8, 1993 California Recreation Co. Colonel R. L. VanAntwerp District Engineer ' U. S. Army Corp of Engineers Attn: 8PLCO-R ' P. O. Box 2711 Los Angeles, Ca 90053-2325 Public Notice 93-054 (Irvine Company) ' Construct 71 slip marina, Newport Back Bay, Orange County Dear Colonel VanAntwerp: We have reviewed the comments on our project contained in the Resources Agency letter dated December 22, 1992, and would like to request that the recommendation made by the California Department of Fish and Game not be accepted as a permit condition. The Department recommends that the applicant "be required to maintain ' the channel as designed for the life of the marina project". This project has undergone extensive review by local environmental groups, and local, state, and federal agency representatives, and until we received a copy of the Resources ' Agency letter we understood it met the environmental concerns of all parties including the Department of Fish and Came. ' We believe that the project fully complies with federal wetlands policies. The project impacts only 0.55 acres of wetlands which we will mitigate on a 4:3 to 1 replacement ratio basis. We voluntarily proposed this level of mitigation to assure that the entire remaining areas on Shellmaker Island would be restored ' avoiding the necessity for future disturbances to the island. We have agreed to monitor this mitigation project for a five year period. At the end of that period, additional measures and mitigation will be provided, if deemed necessary t by the State. We believe that the very high replacement ratio and the five year monitoring program should provide more than sufficient mitigation for our proposed project. I ' We would also like to make you aware of the following: o Based on requests from California Department of Fish and Game, U. S. Fish ' and Wildlife Service, National Marine Fisheries Service, and the California State Lands Commission, we reduced the planned marina size from 125 to 71 slips. This reduced the wetlands impact from 0.9 to 0.55 acres, ' and the amount of dredging from 24,000 to 6,100 cubic yards. o The California Department of Fish and Game and The Irvine Company are partners in this mitigation project. With State funds residing in the ' City of Newport Beach trust, an additional acre of land will be restored creating a total of 3.89 acres of intertidal and subtidal habitat. ' 550 Newport Center Drive, PO. Box I, Newport Beach, California 92658-8904 • (714) 720.2000 ' Printed on 0 recycled paper .' -2- ' It is our understanding that the Army Corp of Engineers is currently studying the Back Bay and a future commitment to provide on -going maintenance dredging. We ' recommend that Shellmaker Island be included in this study. We have drastically reduced the size and economic value of our project to avoid and minimize wetlands impacts and agreed to create 2.89 acres of new wetlands for a 0.55 acre impact. We believe the Department of Fish and Game recommendation is excessive and request that you not include it as a condition of our permit. We appreciate your consideration of our request. ' Sincerely. atoru aribuchi ' Senior Director Environmental Issues 93-029 ' cc: Meg Bond, California Coastal Commission Jack Fancher, U. S. Fish and Wildlife Service Bob Hoffman, National Marine Fisheries ' Richard Nitsos, California Department of Fish and Game �d'd��Fa�aaalrfer�ia"Ra�'ge�tt°�s�d�acty� H ' JAN 13 193 15:13 TO 7148951291 FROM CRC 714 72O 9436 T-025 P.O1 A i UNITED STATES ENVIRONMENTAL PROTECTION AGENCY a REGION IX L If10(o` 75 Hawthorne Street �E San Francisco, CA 94105.3901 ' Post -it- brand fax transmittal memo 7671 a Of PeQea . DEC 18 '"rJ.,.J, ry1 From E ' Colonel Robert L. Van Antwerp, Jr. U.S, Army Corps of Engineers ' ATTN: CESPL-CO-R-92-054-BH P.O. BOX 2711 Los Angeles, CA 90052-2325 ' Re: Public Notice No. 93-054-BH, November 23, 1992, Irvine Company, Castaways Marina, Newport Beach, CA Dear Colonel Van Antwerp: The Environmental Protection Agency (EPA) has reviewed the above Public Notice (PN) for compliance with the Guidelines (40 CPR 230) promulgated pursuant to Section 404(b)(1) of the Clean Water Act, and Section 10 of the Rivers and Harbors Act. The applicant proposes -to construct a 71-slip marina. ' We understand that the U.S. Fish and Wildlife Service (FWS) is concerned that the project may affect three endangered species, the salt marsh bird's beak, least tern and brown pelican. However, an ' Endangered Species Act Section 7 consultation- has yet to -be initiated for this project. In addition we understand that the ' FWS is concerned about the potential of the proposed mitigation on Shellmaker Island to eliminate upland plants that support insect pollinators of the endangered salt marsh bird's beak, plant. EPA will not object to issuance of the permit if these issues are resolved as follows: 1. The Corps should initiate Section 7 consultation with the FWS. 2, The applicant should work with FWS to ensure that the mitigation plan will not adversely affect the salt marsh bird's beak pollinators. Thank you for the opportunity to comment on this PN, Please contact Harriet Hill of my staff at (415).744-1980 if you have any ' questions. Sincerely, Clyde Norris, Chief ' Wetlands Permits and Enforcement IPrinted on Recycled Paper RCV BY:XEROX TELECOPIER 7010 f 1-13-93 2:15PM ) 714 720 94.01 .tyb'7bte_+1. JAN 13 193 15:14 TO 7148951291 FROM CRC 714 720 9436 T-025 P.02 m cc: VSFWS, Carlsbad NMFS, Long Beach CDFG, Long Beach RWQCB, San Diego SWRCB (Balageur), Sacramento ,,-Applicant RECEIVED iAW 13 ;w'"J California Recreation Co. 3 C 1 1 CASH & ASSOCIATES ENGINEERS December 14, 1992 California Recreation Company 1137 Bayside Drive Corona Del Mar, CA 92625 Attention: Mr. Ed Power Subject: DISPOSAL OF DREDGE MATERIAL TO SEA COORDINATION WITH EPA (C&A Project No. 2492.03) Gentlemen: Enclosed are 2 copies of the letter/report from Reish Marine Studies, Inc. dated May 6 and May 13, 1992 for your reference. It was our intent to use the May 13, 1992 report to have EPA reconsider their preliminary decision that water -based dredge material was unsuitable for ocean disposal. This letter was never introduced to EPA because of the subsequent decision to transport all dredge material to Coyote Canyon. An approval from EPA regarding this issue is no longer required. If you have any questions regarding this letter, please contact me. RHM:gla Enclosures Very truly yours, CASH & ASSOCIATES Randy H. Mason, P.E. Executive Vice President Bolsa Avenue, Suite 100 Huntington Beach, California 92649 (714) 895-2072 (310) 426-6145 '5772 Mailing Address: Post Office Box 38, Long Beach, California 90801 FAX (714) 895-1291 A California Corporation I LOS ANGELES DISTRICT U.S. ARMY CORPS OF E PUBLIC NOTICE OF PERMIT APPLICATION 'Public Notice/Application Nt. 93-054-BH Comment Period: November 21, 1992 through December,22,, 1992 The trvine'Company-dba_` ,-ealifagaia-Re@reAtion Company 1137 Bayside Drive orona Del Mar, California 92625 Cash i Associates Engineers .-Cash Avenue, Suite 100 Huntington Beach, CA 92649 Mr: Randy H. Mason (714) 895-2072 In Newport Back Bay north of the Pacific Coast Highway and east of over Drive in the City.of Newport Beach, orange County, California, I&Ctiv t- ■ the applicant proposes to construct a 71-slip marina -by excavation �nd dredging a hew basin, constructing a new bulkhead, dredging the xisting channel in Back Bay to provide access, -and install steel guide piles (see attached drawings). Additional project features include a 56- �pace parkihc},lot, a public viewing areaj.a sanitary pumpout station, J�ttrooms, showers, utilities, trash.containers and storage areas. 'ues sling stations, hotels, restaurants, -snack facilities, and other commerdialruses are hot included as part of the project. The project Woald provide iGiti� tt�ifor_lmpacts e�n_Brieiimaker_xsland. For more- n ormat on see page 3 of this notice, interestea parties are nereny notirlea tnat an application nas Deen eceived for a Department of -the Army -permit for the Activity described kerein and shown on the attached drawing(s). "Interested parties are tnvited to provide their views on the proposed work; which will become a art.of.the record and will be considered',in the decision:" This permit ill be,issued or denied under Section 404-of the Clean'Watfit-Act and Section 10.6f the Rivers - and, Harbors Act:'#-Commentill thoUld be 'mailed to: 1 f•Ijl U.S: Army Corps of Enginbers ' ATTNs CESPL3Co-aRi93-034=82 - RECEIVE D P*Os Box 2711 Los Angeles, California`*90053-2325 DEC - 71992 California RecredOn GO: ' Evaluation Factors The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest. That decision will reflect.the national concern for both protection and utilization of important ree8$rces. The benefit which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors ' which may be relevant to the proposal will be considered including the cumulative effects thereof. Factors that will be considered include conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, flood ' plain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food production and, in general, the needs and welfare of the people. In addition, if the proposal would discharge dredged or fill material, the evaluation of the activity will include application of the EPA Guidelines (40 CFR 230) as required by Section 404 (b)(1) of the .Clean •Water •Act.— ---.:. •. -- - ----- - _.__._ , .:, . •• -- • ----. . . ' The Carps'of Engineers is soliciting comments from the public; redetal,' state, and local agencies and officials; Indian tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of tngiheers to determine whether to issue# modify, condition or deny a permit for this proposal. To make this decision, comments are ' used to assess impacts on endangered'species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an ' Envirohmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. Preliminary Review of selected Factors 918 Determination- A preliminary determination has been made that an environmental impact statement is not required for the proposed work. Rater 4uality- The applicant will be -required to obtain water quality certification; under Section 461 of the -Clean Water Aeti-from the California Regional Water Quality Control Board and/or the U.S. Environmehtal Protection Agency. For ahy proposed activity on Tribal land that is subject to section 404 jurisdiction, the applicant.will be required to obtain water quality certificatidn'from the U.S. Environmental Protectioh Agency. For any proposed activity on land other 'than Tribal land that is subject to Section 404 jurisdiction, the applicant will be required to obtain water quality certification from the California Regional Water Quality Control Board. Section 401 of the Clean Water Act requires that ahy applicant for an individual Section 404 'permit provide proof of water quality certification to the.Corps of Engineers. 'Coastal Zone Management- The applicant must provide a determination that the proposed activity complies with and will be conducted in a manner that is consistent with the approved State Coastal zone Management ' .Program, 2 -- -• �����n�- an arcnaeological investigation of the Upper and Ldwer Castaways sites was completed by RMW Paleo Associates in August 1989, and a follow-up study was completed in May 1990 and July 1992. The corps will review these assessments and then transmit to the State ' Historic Preservation Officer. 8adaacered Species- Preliminary determinations indicate that the proposed activity, or mitigation for the activity, may affect several endangered species, including the light-footed clapper rail (Rallus longirostris ), California least tern (Sterna antillarum browni), and California brown pelican (Pelecanus occidentalis californicus), and salt - marsh bird's -beak (Cordylanthus maritimus ssp. maritimus). Therefore, formal consultation under Section 7(c)'of the Endangered Species Act is required to determine if the proposed activity will impact a species that is designated as endangered or threatened. ' PubliO Hearino- Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to 'consider this application. Requests for public hearing shall state with particularity the reasons for holding a public hearing. 8roobaed Aetiv ty f�� 1Phich a Permit {e Required The applicant proposes to construct a new 71-slip marina in Newport 'Back Bay by excavating a non -jurisdictional area adjacent to the main channel, dredging approximately 61100 cubic yards adjacent to the main channel to lower existing contours to provide access between the main channel and the•new marina, construct a bulkhead, and install steel guide ' piles. The i9dn-jurisdictional area would require excavating approximately '71,500 cubic yards of material from the landward side of the existing bulkhead. In addition, approximately 49,000 cubic yards of material would be excavated and dredged at the Shellmaker Island mitigation site. This requirefaentsls andhad been been sdetermined suitable ted as per ifor ibeach 2replenishment. Any material'deemed unsuitable for beach replenishment will be deposited at an approved inland disposal site.. ,Additional >7roieo tnformataon ' TSe-app ican`s overall project purpose is the construction of a 71-slip marina in Upper Newport Bay. The construction of the marina would help satisfy a demand within Southern California for boat docking and storage ,and help alleviate a local slip shortage for boats in the 40-foot and larger range. ri 1092i the'existing 60-slip marina on state tidelands'at this property aft' det olished to prdvide •access and staging --for the new'CodSt lHighway BridsAit the intersection of Coast Highway and Dover Drivd•in'NOWport 1 e&69;a". '.'his. proposed •project reestablishes a• marina 'on this sitb, and nck�dasre9 ,tile' quantity' of slips and the amount of water space available in the.'fort of a new basin. ' RtMVED 3 . 02C - 71992 California Recreatlan Co, ' The marine sediment consists of inter -layered silts and clays within the Iupper one to three feet. Typically, these are underlaid with coarse- to fine-grained sands and silty sands. Within these sandy deposits are shell fragments that vary from trace to abundant amounts intermixed,in layers. The onshore portion of the proposed marina site is capped by hydraulic fill to an average depth of about 8 feet. Newport Bay's ambient water quality is influenced by its use as a major 'small boat recreational harbor that shelters nearly 10,000 boats, and'the quality of 'freshwater runoff from its watershed which drains nearly 93,000 acres of both urban and agricultural land use, sedimentation processes, and tidal exchange with the open ocean environment. Several distinctive types of marine biological habitats occur in Newport Bay: open water, subtidal soft bottom bethos, subtidal riprap, intertidal mudflat, rocky intertidal and remnant salt marsh. There are no known marine mammals in Newport Bay, but at least 78 species of fish have been known to exist there. The bay is a known spawning ground for ---at-least 10-species--of fish and a nursery area for -juveniles Of-33 species,. Newport Bay -supports resident and seasonally transient groups of halibuts, sharks, skates, rays and bony fishes. The majority of the species are marine and/or estuarine associates, although at least six Ifreshwater species occur following periods of winter stormwater runoff into the bay. Benthic (bottom -dwelling) plants, invertebrates and fishes live in association with soft sediments of intertidal mudflats and channel bottofts. Over 300 species of benthic invertebrates have been identified from Newport Bay mudflats-and subtidal channel sediments. Demersal feeding fishes, resident soft bottom -dwelling fishes such as gobics, and shorebirds are dependent on these soft bottom -dwelling organisms as food sources. ISensitive habitats in Upper Newport Bay include mudflats, subtidal environments and eelgrass beds. Nearby is the Upper Newport Bay Ecological Reserve. in addition to marine habitats, several vegetation communities exist on the project site, including ruderal/disturbed vegetation, coastal sage scrub, salt marsh and cattail marsh. These plant communities provide habitat for a variety of wildlife species, including several species of reptiles; amphibians and mammals and -many species,of birds. Alternatives 'Several alternatives to the 71-slip marina were developed prior.to approval of the proposed project by the city of Newport Beach# primarily involving modifications of the layout for different slip densities,'as follows: • .125 slips - original proposed density of the marina ..representing maximum effective use of available water space for Iboats. ' • 121 slips - several slips at the end of the mainwalk are removed, a side tie on the inside base of the pier is.removed 4 L' _u j V 41.. V, ..11C c JJM L5 ang.iea away zrom snore Lo reauce dredging and mitigate some environmental concerns. This was the applicant0s preferred'option in the EIR. ' • 84 slips - same marina basin size and location as -the 125-slip alternative and would require the same dredging activity needed to create the marina basin. However, a smaller dock system would require less dredging of bay "wet" material. ' • 50 slips - proposes both an alternate basin and dock system. As conceptualized, this alternative would not create a new ' marina basin. It would extend boat slips from a reconfigured bulkhead in approximately the same location as the existing bulkhead. It would eliminate most dredging behind the existing bulkhead and reduce the estimated amount of dredging within the ' bay compared to the maximum alternative. As mentioned above, the 71-slip plan alternative was accepted by the City of Newport Beach afid addregss the.remaining concerns of the State and Federal agencies'rasponding to.thd'EIR:•.: iMitigation Proposed The following mitigations measures are proposed in the Castaways Marina Environmental Impact Report: The project applicant shall clean debris from the marina basin and ' boat slips as part of a regular maintenance program to be reviewed and approved by the City of Newport Beach. To maintain project depths within the boat basin, dredging of the sand bar that may form at the entrance of the marina basin shall be conducted by the applicant in accordance with an approved dredging permit from the City of Newport Beach and U.S. Army Corps of Engineers. To mihimize tidal flow interference, the basin design shall use adequately spaced plastic pontoons to support the docks within the channel. To'reduce the exteht and affects•of .inereased•turbidity, the applia3:ht dh*13_r,#gUife, thedr'edgiflg_cdntraetor..to-use__fiiter curtains around dredging operations, when feasible. - Treatment of extracted water shall be conducted in a manner and at a location approved by the City of Newport Beach City Engineer and the Santa Ana Regional Water Quality Control Board. Proviaion"shall be made, as necessary, for the treatment of hydrogen sulfide to comply with water quality standards and to control odors from the dewatering process. ' Water extracted frbm'dewatering wells and drained from bay materials shall meet current V.S. Environmental Protection Agency fequirements prior to diachargirig into the bay. If necesdary, the•water shall be desilted prior to discharge. RECEIvED .5 DEC - 71992 California Recreation Co. For the life of the project, the project applicant shall provide each marina tenant with a copy of all applicable regulations regarding vessel discharges of wastes, antifouling paint use, and refuse ' management (including handling of hazardous wastes) as,a part -of lease materials. For the life of the project, the project applicant shall provide each marina tenant with information regarding procedures for notifying appropriate authorities concerning spills of hazardous materials, containment measures, and applicable penalties for violations as a part of lease materials. The applicant shall provide regular cleaning of the marina docks and ' vacuum sweeping of the parking lot. The dredging contractor shall be required as part of the dredging contract to ensure that dredging activities shall be conducted so as not to.disturb sensitive biological habitats and resources in the vicinity of Bayside Marsh Peninsula. tinder the pkopeged li=slip marina designs in -bay dredging will remove a total.of 0.58 :!dreg of wildlife habitat. This loss will be mitigated by the restoration of 2.09 acres of degraded habitat on Shellmaker Island. This restoration effort will compensate for in -bay habitat loss associated with the Castaways Marina project at a mitigation ratio of 3.8 to 1. It will occur in the following four areas: ' 1. In accordance with U.S. Army Corps of Engineers requirements, the loss of mudflat habitat shall be mitigated by the in -kind replacement of mudflat habitat in an amount equal to 0.92 acres in Upper Newport Bay at Shellmaker Island. 2. In accordance with U.S. Army Corps of Engineers requirements, the loss of fishery habitat including subtidal halibut nursery area shall be mitigated by the In -kind replacement of halibut nursery habitat. This will be done by creating 0.33 acres of fishery habitat at. Shellmaker Island. 3. Shellmaker Island's upland habitat shall be recontoured to create.0&67 acres of -additional saltmarsh habitat for the evetftual'coionizatioii4nd establishment of a saltmarsh ' plant .c6mmunity. 4. The habitat on Shellmaker Island above the saltmarsh elevations shall also be recontoured to provide an ' additional 0.17 acres of upland buffer around the eastern boundary of the area. ' Dredging and construction activity should be terminated between April 1 and September 30, the breeding season of California least terns, to minimize adverse impacts on this foraging habitat due to increased turbidity. 1 6 L ' site and proposed haul road; no material shallbedeposited in the cattail marsh or coastal sage scrub habitats. ' Proposed Special Conditions No special conditions are proposed at this time except as discussed ' in the above mitigation measures. II I II II II II II II i For additional information please call Bruce Henderson of my staff at (213) 894-0351. This public notice is issued by the Chief, Regulatory Branch. 7 RRC;IVL°i) DEC - • 1,.0M Califomia Rccreafian rn. I 'A DJUDICATED LINE OF MEAN ORDINARI'� fIGH TIDE I I FI i] NEW BASIN t MARINA FLAN VIEW _KNEAD CASTAWA` MARINA SITE -n 122 I IN Afx:K I VICINITY MAP 100' ALTERNATE CHANNEL 100, MAIN CHANNEL• N NOTES: 1. ALL DEPTHS BASED ON MLLW=0.0 FT. 2. 7/,SoO CY OF EXCAVATION/DREDGE BEHIND EXIST. WALL 3. G,/AOCY OF DREDGE IN BAY, EXISTING GRADE TO BE EXCAVATED EXISTING BULKHEAD TO BE REMOVED EXISTING MUDLINE TO �.. BE DREDGED DREDGE FINISH SURFACE CR055 SECTIONAL VIEW -OPOSE: CREATE ADDITIONAL SLIPS IN NEWPORT BEACH FOR RECREATIONAL BOAT I�: MLLW=0.0 )JACENT PROPERTY OWNERS: I. STATE OF CALIFORNIA 2. THE IRVINE COMPANY PLAN VIEW SCALE PROPOSED NEW "CASTAWAYS" MARINA BASIN AND If BOAT SLIPS. IN: NEWPORT BEACH HARBOR AT: BACK BAY COUNTY OF: ORANGE. CA, APPLICATION BY : CASH ! ASSOCIATES DATE: I �� MITIGAT m NEW \ \ SALT MARS NEW NEW SECTION A -A MAIN G1'IANNE` NEW SALT Legend Channel MudflaL Salt Marsh Upland EXISTING CONTOUR RE —CONTOURED MUDFLATS 7.5 — C PM a � � a NEW CONTOUR 2.' 1 1 1 1 1 F CASH E ASSOCIATES ENGINEERS September 11, 1992 U. S. Army Corps of Engineers Regulatory Branch, Room 6062 300 North Los Angeles Street Los Angeles, California 90053-2325 Attention: Mr. Robert Smith SUBJECT: APPLICATION FOR DEPARTMENT OF TILE ARMY PERMIT FOR THE CASTAWAYS MARINA PROJECT IN NEWPORT BEACH, CALIFORNIA (C&A Project No. 2492.03) Dear Robert: (Enclosed with this letter is the application for the Army Corps of Engineers Section It)/Section 404 Permit for the Castaways Marina Development Project in Upper Newport Bay in Newport Beach, California. This application has been submitted to you, because the project will involve excavation, dredging and provisions of a bulkhead in a newly created hasin. Also included is dredging required as part of mitigation on the adjacent Shellmaker island site, managed by California Fish & Game Department. Enclosures with the application include: A. Letter of September 1991 authorizing Cash & Associates Engineers to act as ' the applicant's agent. i B. Draft Mitigation Plan dated February 1992 for "Loss of Mudflats and Shallow Subtitle Habitat" ' C. Leighton & Associates Report of July 1992 regarding the Cal Title 22/23 suitability for using Shellmaker Island excavated material for beach replenishment and/or inland disposal. D. Excerpts from the EIR of August 1992 relating to Archaeological and Historical Resources. ' E. Letter of July 1992 from RMW (Archaeological consultant) clarifying site specific findings. 5772 Bohn Avenue, Suite IIX) l lmuing)on Beach. California 92649 (714) 895-2072 (310) 426-6145 Mailing Address: Post Office Box 38, Long Beach. California 90801 FAX (714) 895-1291 A California Corporation [1 ' U.S. Army Corps of Engineers Mr. Robert Smith September 11, 1992 Page 2 F. Excerpts from the EIR 'Responses to Comments" - November 1991, as they relate to Federal agencies - USF&W and NMFS. G. Letter of May 1992 from NMFS regarding 71 slip project. H. Letters of May and July generated by Coastal Resources Management (Consultant) based on meetings and discussions with CDF&G, NMFS and USF&W. ' I. Hardcopy and disk of draft "PUBLIC NOTICE OF PERMIT APPLICATIONS". This is for your use and modification in any way desired. Please call me if you have any questions or need any additional information. Very truly yours, CASH & ASSOCIATES ENGINEERS Randy H. !Mason, P.E. Executive Vice President RHM:pdm Enclosures cc: Ed Power, Cal Rec ' Jerry King, Jerry King & Associates Rick Ware, Coast Res. Mgmt. 1 APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO. 0702.0036 03 CPR 325) Expires 30 June 1989 The Department of the Army permit program is authorized by Section 10 of the River and'Harbor Act of 1899, Section 404 of the Clean Water Act and Section 103 of the Marine, Protection, Research and Sanctuaries Act. Them laws require permits authorizing activities in or affecting navigable waters of the United States, the discharge of dredged or fill material into waters of the United States, and the transportation of dredged material for the purpose of dumping it into ocean waters. Information provided on this form will be used in evaluating the application for a permit. Information in this application is made a matter of public record through issuance of a public notice. Disclosure of the information requested is voluntary; however, the data requested are necessary in order to communicate with the applicant and to evaluate the permit application. If necessary information is not provided, the permit application cannot be processed nor can a permit be issued. One set of original drawings or good reproducible copies which show the location and character of the proposed activity most be attached to this application (see sample drawings and instructions) and be submitted to the District Engineer -having jurisdiction over the location of the proposed activity. An application that is not completed in full will be returned. 1. APPLICATION NUMBER (To be assigned by Corer) 2. NAME, ADDRESS, AND TITLE OF AUTHORIZED AGENT Cash 6 Associates Engineers 5772 Bolsa Avenue, Suite 100 It, unt{{i}}n,,g,,r�tl1on{{{{Beaffch, CA 92649 TiliphQ71�MY'ilu(11i Q b�iaiu �ioun 2. NAME AND ADDRESS OF APPLICANT The Irvine Company dba Arot7l4i 554,9381 (Rrsidancel California Recreation Company A(e (714) ROq_2(172 (Office) 1137 Bayside Drive Statement of Authorisation: 1 hwaby dealonato and authorize Del Mar, CA 92625 Cash s Associates Engineers to cot In my banalf a my //C��tooprona T-il . Jila nPOufri^V bWlnan hours spent In the Ofppndnp of this permit apallpatlop and to furnish, aPp^ repUM. woolamen"I information In ruopen of the application. A/C { ) (Residence) SIGNATURE OF APPLICANT DATE r A/C t 714i 644-9730 (office) (See Attached Letter) 9/11/92 4. DETAILED DESCRIPTION OF PROPOSED ACTIVITY 4s. ACTIVITY 1. Excavate, dredge and provide a bulkhead for a newly created basin. Work will include demolition of an existing deteriorated bulkhead. 2. Dredge within the existing channel in Back Bay, Newport Beach to lower existing contours allowing for access from the main channel to the newly created basin. 3. Provide for 71 new boat slips ranging from 40 to 42 feet. Marina will require new steel guide piles. 4. Mitigate for mudflat losses on Shellmaker Island, Newport Beach, California. 4b. PVRPOSE - In 1982, an existing 60 slip marina on state tidelands at this propertly was demolished to provide access and staging for the, then, new PCH bridge at the intersection of PCH and Dover Drive in Newport Beach, CA. The proposed 71 slip marina project re-establishes a marina on this sit a as well as creating new water.space in the form of a bulkhead basin and increasing the quantity of boat slips. This marina will fulfill a local slip shortage in the 40 footer and above class. 4e, DISCHARGE OF DREDGED OR FILL MATERIAL Both land -based (71,500 CY) and bay material (6,100 CY) will be transported to an approved inland disposal site. (1) In addition, approximately 45,000 cubic yards of material will be excavated and dredged at the Shellmaker mitigation site. This mat- erial will be used as beach replenishment sand, based on Cal Title 22/23 testing document by the Leighton $ Associates Report dated July 20, 1992. (1) Landfill site: Coyote Canyon NG FORM 4345, Apr 86 EDITION OF APR 83 IS OBSOLETE WroponanC DAEN•CWO-NI NAMES AND ADDRESSES OF ADJOINING PROPERTY OWNERS, LESSEES, ETC„ WHOSE PROPERTY ALSO ADJOINS THE WATERWAY State of California (PCH Bridge) The Irvine Company WATERBODY AND LOCATION ON WATERSODY WHERE ACTIVITY EXISTS OR IS PROPOSED Newport Beach Back Bay at the PCH bridge and Dover Drive. . LOCATION ON LAND WHERE ACTIVITY EXISTS OR IS PROPOSED ADDRESS: 300 Dover Drive STREET, ROAD, ROUTE OR OTHER DESCRIPTIVE LOCATION Orange CA 92663 COUNTY STATE ZIP CODE City of Newport Beach LOCAL GOVERNING BODY WITH JURISDICTION OVER SITE B. Is any portion of the activity for which authorization Is sought now comola<si ❑YES M NO If answer is "Yo, give reetam, month and year the activity was completed. Indicate the existing work an the drawings. Lin ell approvals at certiflcatlans antl denials rsceived from other fedarel, lntartnte, state or local agencies for any structures, construction, discharges or other activities described In this appilcation. IJSWf,G AGQNCY TYPE APPROVAL IDENTIFICATION NO. OATt OF APPLICATION DATE OF APPROVAL DATE OF DENIAL Ca 3 ornia Coastal Commission (See Note"#1 Below Me ands _ „ It o N�,7ew ort Beach B &.S Egat o New�ort Beach -Marine Dept. Approval -in -concept = #845-92 California Fish & Game " National Marine Fisheries/U.S. Fish & wildlife" County of Orangge Tidelands Administration City of Newport Beach EIR Certification No. 88081016 - Feb.11le 1992 D. Apollution is hereby mode for a permit or permits to authorize the activities described herein. I certify that I am familiar with the Information contained in this application, and that to the ben of my knowledge and belief such information Is.true, complete, and accurate. I further certify that 1 possess the authority to undertake the proposed activities or 1 am acting as the duly authorized agent of the applicant. F� -/o - Z SIGNATURE OF APPLICANT DATE SIGN4MURE ODIAGENT DATE C�tiSeef0.�i!S r The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the statement in Block 3 has been ffiled out and signed. 1S U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of The United States knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any Wse fictitious or fraudulent statement or entry, shall be fined not more than $10,000 or imprisoned not more than five years, or both. Do not send a permit processing fee with this application. The appropriate fee will be assessed when'a permit is issued. CASTAWAYS ADJUDICATED LINE MARINA MEAN ODINARY SITE HI Rr HIGH TIDE I-^. 177 1Lmw s 6 NEW BASIN t MARINA PLAN VIEW TA (STA. 174 / 14 /*uvV JQ2/ e / BULKHEAD If N :::mrarte': w VICINITY MAP 100, ALTERNATE NOTES: CHANNEL 1. ALL DEPTHS BASED ON MLLW=0.0 FT. 100, 2. 7/:SoO CY OF MAIN EXCAVATION/DREDGE CHANNEL BEHIND EXIST. WALL. 3. Cor/GOCY OF DREDGE IN BAY. EXISTING GRADE TO BE EXCAVATED EXISTING BULKHEAD TO BE REMOVED EXISTING MUDLINE TO BE DREDGED 1 I I Ir- i DREDGE FINISH CROSS SECTIONAL VIEW 'F'URPOSE: CREATE ADDITIONAL PLAN VIEW SCALE SLIPS IN NEWPORT BEACH mm—�� FOR RECREATIONAL BOATING II' c 300' ATUM: MLLW.0.0 �JACENT PROPERTY OWNERS: I. STATE OF CALIFORNIA 2. THE IRVINE COMPANY PROPOSED NEW "CASTAWAYS" MARINA BASIN AND 11 BOAT SLIPS. IN: NEWPORT BEACH HARBOR AT: BACK BAY COUNTY OF: ORANGE, CA. APPLICATION BY: CASH t ASSOCIATES DATE: MITIGATION SITE FAIN C+NP�'••-- PLAN NEW SALT NEW MARSi MUDFLATS i 1 \ NEW SECTION A-, NEW SALT l VICINITY MAP Legend Channel Mudnat Salt Marsh Upland EXISTING CONTOUR RE —CONTOURED MUDFLATS 7.5 RECEIVED JUL ' R M W CASH 6 A55ooATES 1 27 July 1992 Mr. Randy Mason Cash and Associates 5772 Bolsa Avenue, Suite 100 Huntington Beach, California 92649 Mr. Mason: ' We have completed a review of the geotechnical reports you furnished earlier this month. The reviewed reports are listed in the references at the end of this letter. The reports were developed for geotechnical purposes, but the subsurface information they contain can also be used to assess the probability of cultural remains within the subsurface. The major findings determined from these reports are: 1. The bulk of the surface of the Castaways Marina study area is covered with seven to eight feet of hydraulic fill. While the reports do not so state, it is assumed that the material is from dredging of adjacent channels. The hydraulic fill may contain archaeological material, but it would be of no scientific value since it has obviously been displaced from its original place of deposition. 2. Beach deposits lie below the hydraulic fill. Several of the boring logs indicate shell lenses within the beach deposits that could be indicative of archaeological middens. However, the colors recorded in the shell lenses during logging of the borings are not those ordinarily associated with archaeological middens. The detailed chemical analysis completed by Leighton and Associates shows no- increase in those chemicals associated with human presence) near any of ' the shell lenses. Accordingly, the shell lenses are interpreted as natural, rather than cultural, in origin. 3. One of the Converse reports states that most of the Castaways property was underwater when a 1901 USGS map of the area was prepared. One of the current researchers (Becker) has examined the 1901 map and determined that the Converse statement is correct. ' Given the foregoing circumstances, it is most unlikely that undisturbed archaeological deposits exist within the Castaways Marina project area. Any archaeological material that is ' present has probably been deposited in its present position through natural erosion or dredging. Such material has no scientific value. 7' II We recommend that no further research effort be expended on searching for archaeological remains at the Castaways Marina project. Should archaeological remains be noted during the excavation and dredging of the marina, they should be evaluated by a professional archaeologist. Thank you for the opportunity of working on this project. Please contact us if you have any questions regarding this letter report or if we can assist you with other projects. Sincerely,, onald M. Bissell Kenneth M. Becker Principal Field Director ' References ' Fong, Franklin and Mark E. Bryant (Converse) 1982 Preliminary Geotechnical Investigation - Proposed Castaway's Commercial Site, Newport Beach, California. Kirouac, Mark R. and Thomas J. Scheil (Converse) 1986 Preliminary Geotechnical Investigation, Proposed Castaways Marina East of Dover Drive and North of Pacific Coast Highway, Newport Beach, California. ' Radhakrishnan, R. and William Beckler (Converse) 1990 Report of Geotechnical Exploration, Proposed Castaways ' Marina, Newport Beach, California. Weick, Rodney (Leighton and Associates) 1989 Preliminary Analysis of Suitability of Dredge for Land -Based Offsite Fill, Castaways Marina Material Project, City of Newport Beach, California. t 1 J 1 L Randy H. Mason vice President Cash & Associates 5772 Bolsa Ave., Huntington Beach, Dear Mr. Mason: Engineers Suite 100 CA 92649 UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL MARINE FISfiERIES SERVICE Southwest Region 501 W. Ocean Blvd., Suite 4200 Long Beach, CA 90802 May 14, 1992 F/SW021:RSH RECEIVED MAY 191992 CASH & ASSOCIATES It is our understanding that the proposed Castaways Marina, to be located in Upper Newport Bay near Pacific coast Highway, has been substantially reduced in size. The 1991 Draft Environmental ' Report completed for this project envisioned a 125-slip marina with docks extending into the main channel. That concept has been scaled back to now include only 71 slips, all of which are to be located in an excavated basin. 1 1 H L 1 As a result of the information provided at the recent meeting of May 11, 1992 regarding this change in the marina project and our review of the revised Draft Biological Mitigation Plan dated February 3, 1992, we believe the mitigation concept described should more than adequately offset the adverse impacts of this proposed project and will ultimately result in a net enhancement of habitat in Upper Newport Bay. However, we are withholding our formal approval of the project until the final mitigation plans are completed and a detailed monitoring program is developed. We appreciate the opportunity to work with you on this project and look forward to receiving the final mitigation plan when it is completed. Should you have any questions regarding our position on this project, please contact Robert Hoffman, of my staff, at (310) 980-4043. 1 Sincerely, E.C. 4FAertAhonn Regional Director US Army Corps of Engineers Los Angeles District Ola6ec& 3/ice 92 RECEIVED MAR 2 01992 CASH & ASSOC ATES Upper Newport Bay Harbor Reconnaissance Study Public Information Meeting Council Chambers Newport Beach City Hall April 2, 1992, 7:30PM I II REPLYTO ATTENTION OF. DEPARTMENT OF THE ARMY LOS ANGELES•OISTRICT. CORPS OF ENGINCEBS P.O. BOX 27I1 LOS ANGELES. CALIFORNIA 9W59Q925 Coastal Resource's Branch March 16, 1992 NOTICE OF PUBLIC PARTICIPATION MEETING CONCERNING THE PROJECT MODIFICATION AT NEWPORT BAY HARBOR, NEWPORT BEACH, CALIFORNIA The U. S. Army Corps of Engineers, Los Angeles District, has begun a reconnaissance study to identify the Federal interest in solutions to problems associated with the sedimentation of the upper estuary of Newport Bay Harbor and its impact on our existing harbor project. The study was authorized under Section 841 of the Water Resources Development Act of 1986, and would -include the study of dredging and maintenance of a 250-foot wide channel in Upper Newport Bay to the boundary of the Upper Newport Bay State Ecological Preserve to a depth of 15 feet mean lower low water (MLLW), and deepening the channel in the existing Newport Bay Harbor project below the Pacific Coast Highway bridge to a depth of 15 feet mean lower low water (MLLW). A public meeting will be held on April 2, 1992 at 7:30 PM in the Newport Beach Council Chambers of the City Hall, 3300 Newport Boulevard, Newport Beach, California. The purpose of the public information meeting is to inform you of the current Corps reconnaissance study, and to solicit your participation in the study process. The meeting will be informal, and everyone is encouraged to attend and express their.views concerning the problems to be considered in the study. All interested persons and organizations are invited to be present and, if they wish, to make a presentation. Please plan to attend so that your ideas and interests can be heard. Your involvement and expressions of concern about the siltation and debris problems and its impact on boating, water quality, environmental protection, and project-relatgd issues, are necessary for the successful completion of our study. We encourage your attendance and interest. If you need additional information about this meeting, you may contact Ms. Anna Zacher, Study Manager, at 213/894-2028. If you cannot attend this meeting, we would still appreciate your views and comments. An information request form is attached for your convenience. Please send your letters .to the address shown above, to the attention of Ms. Zacher. We have attempted to send this information to all individuals and organizations that may have an interest in the Newport Bay Harbor area reconnaissance study and its focus. If you know of anyone who would like to attend, and who has not been contacted by us, please bring this invitation to their attention. t 1 II FIGURE 1 - NEWPORT BAY HARBOR AND UPPER NEWPORT BAY -eV \ ` . J ' INFORMATION FOR THE RECONNAISSANCE STUDY ' The items below are areas of information that the Corps of Engineers needs to effectively conduct the upper Newport Bay Harbor reconnaissance study. The information will greatly assist the study planners, as public involvement and citizen participation in the study process is vital to the success of the Corps study. ' 1. Problems and Needs: What is your view of the problems and needs of upper Newport Bay in Orange County, and the significance of these ' problems and needs to (a) the Newport Bay Harbor, 2) the local community and (2) the region? ' 2. Alternative Measures: What are some of your ideas and preferences as to the 'type of measures that could be implemented to control the siltation and debris in the estuary and harbor areas? 3. Project Impacts: Do you have concerns about any proposed or potential alternative measures to resolve the area problems, and their impacts to the estuary and harbor? 4. Storm Damage Information: 1 Provide any information you may have on past storm events and resultant storm damages to the estuary, adjacent improvements, structures, and in the existing harbor project. 5. Other Issues or Ouestions: You may use the above issues as a guide for any presentation you wish to make during the meeting, or mail your response to: Name Addres FI �I U. S. Army Corps of Engineers Los Angeles District P. O. Box 2711 Los Angeles, CA 90053 Attn: Anna Zacher, Study Manager Coastal Resources Branch 11 I I FaxTransmittal Memo 7572 "°°"" _J _.-iN13--"_---.--.- 8'75�lZY/e_e°15^072_ }p�"{e, oyaa �q,De �R,wm OCnMgD1uD United States Department of the Interior NEW " I FISH AND R7LDLIFESERVICE ° V FISH AND WILDLIFE ENHANCEMENT SOUTHERN CALIFORNIA FIELD STATION Laguna Niguel Offing Federal Building, 24000 Avila Road Laguna Niguel, California 92656 October 10, 1991 Me. 74tricfa Temple • Planning Department 1 City of Newport Beach 3300 Newport Blvd. Newport Beach, California 92659-1768 ' ' Re: Draft Environmental Impact Report, Castaways Marina Dear No. Temple: The Fiah and Wildlife Service (Service) received the referenced Hraft on August 29, 1991. Unfortunately, due to a staff shortage at this time we are unable tc properly review the document. However, due to our prior efforts to coordinate with the proponents and the likelihood of a Federal permit, a few remarks seen warranted. I ' Intertidal mudflats and shallow aubtidal Press are among the highest habitat value and most scarce habitat types in southern California. They can provide food for very large numbers and mshy types of shorebirds, waterfowl, wading birds, and diving birds. The state and federal endangered California least tern breeds at Upper Newport Bay and relies On this "shallow water" habitat ' for food. The proposed marina exppnsion would destroy or degrade these important habitat types. Were a federal permit action pending, the Service would likely recommend denial of tho permioppligation for the proposed project. On the other hand, we Would havelittle objection to a project which included excavation of the now marina basil, little dredge or fill and few slips in the channel area. \ ! � We regret that we are Unableto respond fuither •at this time. Et is expected that we would respond to notices of pending California Coastal Act or Corps of Enginears permit applications, our staff representative remains Ma. Rim Could who may be reached et (714) 643-4270. 1 i Sin rely, arpe, v o tics Supervisor ++ *0r01 onnr nn, .. I REISH MARINE STUDIES, INC. DONALD J. REISH. PH.D.. PRESIDENT CONSULTANT IN MARINE BIOLOGY 3092 BLUME DRIVE LOS ALAMITOS, CALIFORNIA 90720 PHONE (213) 431-7064 May 13, 1991 Mr. Randy H. Mason Cash & Associates Engineers Suite 100 5772 Bolsa Ave. Huntington Beach, CA 92649 Dear Randy, ' Re: Analysis of the Sediment Bioassays for the Proposed Castaways Marina, Newport Beach, CA This analysis is based on the report prepared by MEC Analytical Systems, Inc. for Cash & Associates Engineers dated July 5, 1990. Since some of the results of the bioassays were statistically significantly different from control, questions were raised by the personnel of Region 9 of EPA concerning the suitablility of ocean disposal of the the marine component of the sediments at the proposed marina. Comparisons were made with the data generated by MBC Applied Environmental Services in 1985 for dredging Upper Newport Bay and other published reports. The analysis is limited to those tests in which the results were significantly different from the control. These tests include the following: i1. Sea urchin sperm Inactivation test with liquid/suspended sediments. 2. Mortality of mysids in the solid phase test. 3. Mortality of marine worms in the solid phase test at Site 2. 4. Bioaccumulation in marine worms of cadmium, copper, oil and grease, total recoverable petroleum hydrocarbons at Sites 1 and 3; all but copper bioaccumulated at Site 2. 5. Bioaccumulation in clams of chromium at all three sites; copper, mercury, selenium, and silver at Site 2; DDE at Site 3. ' The results were analyzed on the basis of the amount of marine sediment to be dredged. The first analysis (A) is based on the assumption that a total of 24,000 cubic yards (cy) was to be dredged (Site 1--12,000 cy; Site 2--7,200 cy; Site 3--4,800 cy). This total of 24,000 cy was the amount of dredged material which EPA based its analysis of the potential environmental effect on the dredge disposal site. The second analysis (B) is based on the revised dredging plan in which only 10,700 cy were going to be removed and disposed at sea (Site 1--6,100; Site 2--1,800 cy; Site 3--2.800 cy). EPA has not reviewed this revised dredging plan. I A. Analysis for 24,000 cy ' 1. Sea urchin sperm Inactivation test for liquid/suspended sediment: This test is a very sensitive one which is subject to a wide range of ' results. One variable is the concentration of sperm used in the test; the greater the concentration, the higher the percentage of fertilization. Another variable is the condition of the eggs and sperm. ' Because of the potential exists for experimental variability, EPA considers a 70% fertilization rate In the control to be a successful test. Since the fertilization rate in the control was 85.8%, this test Is considered successful. The results for Sites 1 and 3 were ' significantly different from the control (52.3 and <10%, respectively). However, based on the calculation of the Limiting Permissible Concentration (Table 4.1), the expected concentration at the disposal ' site does not pose a potential toxic effect because of the depth of the water' 0400 meters) at the site. The sea urchin inactivation test is a recent test addition for evaluating the potential toxicity of liquid/particulate•sediments. (This test was not used in the MBC Upper ' Newport Bay study.). 2. Mysid survival in the solid phase test: Survival was low at the ' reference site and the three test sites; however, only at Site 3 were the results significantly different. While this mysid, Holmesimvsis costata, is approved by the Los Angeles District Army Corps as a solid ' ' phase test animal, this species is typically a water column inhabitant. The clay fraction of the sediments was much higher at Site 3 than the other two sites; the finer sediments could cause a problem to the mysid especially with respiration. Because this species of mysid is a water column species and since the sediments only remain in the water column for a short period of time, these sediments do not pose a potential toxic effect to the mysid Holmesimvsis costata. 3. Worm survival in the solid phase test: Mortality (79%) was significant for the 10-day test at Site 2. However, since survival of the worm,Neohtvs caecoides, was 96% for the 20-day bioaccumulation test ' for the same site sediments, It Is possible that'some of the test worms used for the 10-day test for Site 2 were not, by chance, as healthy as the worms at Sites 1 and 3. The fact that the suvival rate was 96, in t 1 the 20-day test minimizes the result of the 10-day test. 4. Bioaccumulation in the worms: a. Metals --Cadmium and copper were accumulated In the worms in significant amounts. Comparisons of the levels reported in the literature for field collected worms Indicated lower values In the worm tested with Castaways sediment for copper and similar values for cadmium (Eisler, R., 1981, Trace Metal Concentrations .in Marine Organisms, Pergamon Press, NY). While two different species of marine worms were used in Newport Bay sediment testing, the bioaccumulation data reported in the MBC Upper Newport Bay study were higher in Neanthes arenaceodentata compared to Neahtvs caecoides used in the Castaways sediment study. J I 1 1 I_ I 1 1 1 1 1 1 1 U II i 1 1 1 b. Organics --Oil and grease and recoverable petroleum hydrocarbons were elevated in worms at all three test sites. Oil and grease are difficult to define because they contain thousands of organic compounds with varying physical, chemical and toxicological properties. Since these compounds are largely naturally occurring chemicals, they are biodegradeable in a reasonable period of time. The most toxic components are highly volatile and evaporate rapidly; they usually do not occur in marine sediments. Since the test organisms themselves contain oil and grease, the bioaccumulation values must be carefully evaluated in using such data in making an environ- mental decision. Because of these difficulties in interpreting oil and grease data, it would be wise to analyze for these chemicals in some of the test organisms at the beginning of the test in order to provide a basis for comparison. Oil and grease were not analyzed in the test organisms used by MBC in their study of Upper Newport Bay Sediments. S. Bioaccumulation in the clams: a. Metals --Cadmium and copper were accumulated in the worms in significant amounts. Comparisons of the levels reported in the literature for field collected worms Indicated lower values in Neanthes for copper and similar values for cadmium ('Eisler, R., 1981, Trace Metal Concentrations in Marine Organisms, Pergamon Press, NY). While two different species of marine worms were used, the bioaccumulation data reported in the MBC Upper Newport Bay were higher in Neanthes arenaceodentata compared to Nephtys caecoides used in the Castaways sediment study. B. Analysis for 10,700 cy 1. Sea urchin sperm inactivation test. The results for Sites 1 and 3 were significantly different from the control as indicated under A-1. However, as discussed under A-1, the calculation of the Limiting Permissible Concentration did not pose a potential toxic effect under the planned 24,000 cy. With the reduction of nearly 50% dredging at Sites 1 and 3, the Limiting Permissible Concentration would be less than originally calculated. 2. Mysid survival in the solid phase test. Survival of the mysid Holmesimvsis costata was significantly lower only at Site 3. Since dredging activity at Site 3 is being reduced approximately 42% and since this mysid is a water column inhabitant, the dredged sediments from Site 3 should not pose a potential toxic effect to this animal. 3. Worm survival in the solid phase test. As described in A-3, mortality was significantly different only for the 10-day test for sediments from Site 2; however, this difference was minimized since there was a 96% survival in the 20-day test for sediments from Site 2. Additionally, under the revised dredging plan, dredging at Site 2 is being reduced 75%. 1 1- 4. BIoaccumulation in worms and clams. The discussion given under A-4 and A-5 also apply here. In addition, there Is a 47% reduction in the amount of sediment to be disposed offshore under the revised dredging plan. C. Reference SIte Selection. The reference site used In this study was located off the City of Newport Beach in 464 meters depth; this was the same locality used in the MBC Upper Newport Bay study. ' D. Conclusion. Two dredging plans, based on the amount of material to be disposed, have been considered in this discussion. The Initial plan, which was the one reviewed by the personnel of Region 9 of EPA, was to ' dredge a total of 24,000 cubic yards and dispose these sediments offshore. In the revised dredging plan, which has not been reviewed by EPA, calls for reducing the amount of dredging to 10,700 cubic yards. The marine component of the proposed Castaways Marina will require the dredging and offshore disposal of 24,000 cubic yards of sediment. The Upper Newport Bay dredging project, which was the basis of the 1985 MBC bioassay study, involved the removal and ocean disposal of 1,000,000 cubic yards cf sediment offshore from the City of Newport Beach. The Upper Newport Bay project was approved and the dredging completed in 1988. This was a massive dredging project which was 40 times larger than the initial proposed dredging for the Castaways Marina and 93 times more in the revised dredging plan. Comparison of the sediment chemistry and bioaccumulation values in the clams and worms of the two areas of Newport Bay Indicate that the Upper Newport Bay sediments contained higher concentrations of potential toxicants and the animals had higher concentrations of metals in their tissues than those from the ' Castaways Marina. Since the Upper Newport Bay sediment contained higher quantities of potential toxicants and involved 93 times the amount of sediment in the revised dredging plan, it seems reasonable to approve the ocean disposal of 10,700 cubic yards of sediment from the proposed Castaways Marina. Environmental damage to the offshore area is expected to be minimal If any at all. ' Sincerely yours, Donald J. Re�sh I� REISH MARINE STUDIES, INC. DONALD J. REISHi PH.D.. PRESIDENT CONSULTANT IN MARINE BIOLOGY ' 3092 SLUME DRIVE LOS ALAMITOS. CALIFORNIA 90720 PHONE (213) 421-7064 F u J 1 May 6, 1991 Mr. Randy H. Mason Cash & Associates Engineers Suite 100 5772 Bolsa Ave. Huntington Beach, CA 92649 Dear Randy, Re: Analysis of the Sediment Bioassays for the Proposed Castaways Marina, Newport Beach, CA This analysis is based on the report prepared by MEC Analytical Systems, Inc. for Cash & Associates Engineers dated July 5, 1990. Since some of the results of the bioassays were statistically significantly different from control, questions were raised by the personnel of Region 9 of EPA concerning the suitablility of ocean disposal of the the marine component of the sediments at the proposed marina. Comparisons were made with the data generated by MBC Applied Environmental Services in 1985 for dredging Upper Newport Bay and other published reports. The analysis is limited to those tests in which the results were significantly different from the control. These tests include the following: 1. Sea urchin sperm inactivation test with liquid/suspended sediments. 2. Mortality of mysids in the solid phase test. S. Mortality of marine worms In the solid phase.test at Site 2. 4. Bioaccumulation in marine worms of cadmium, copper, oil and grease, total recoverable petroleum hydrocarbons at Sites 1 and 3; all but copper bioaccumulated at Site 2. 5. Bioaccumulation in clams of chromium at all three sites; copper, mercury, selenium, and silver at Site 2; DDE at Site 3. Analyses and Discussion of the results: 1. Sea urchin sperm inactivation test for liquid/suspended sediment: This test is a very sensitive one which is subject to a wide range of results. One variable is the concentration of sperm used in the test; ' the greater the concentration, the higher the percentage of fertilization. Another variable is the condition of the eggs and sperm. Because of the potential exists for experimental variability, EPA considers a 70% fertilization rate in the control to be a successful test. Since the fertilization rate in the control was 85.8%, this test is considered successful. The results for Sites 1 and 3 were significantly different from the control (52.3 and <10%, respectively). ' However, based on the calculation of the Limiting Permissible Concentration (Table 4.1), the expected concentration at the disposal site does not pose a potential toxic effect because of the depth of the water 0400 meters) at the site. The sea urchin inactivation test is a ' recent test addition for evaluating the potential toxicity of liquid/particulate sediments. (This test was not used In the MBC Upper Newport Bay study.). ' 2. Mysid survival in the solid phase test: Survival was low at the reference site and the three test sites; however, only at Site 3 were the results significantly different. While this mysid, Hoolmesimvsis costata, is approved by the Los Angeles District Army Corps as a solid phase test animal, this species Is typically a water column inhabitant. The clay traction of the sediments was much higher at Site 3 than the I other two sites; the finer sediments could cause a problem to the mysid especially with respiration. Because this species of mysid Is a water column species and since the sediments only remain in the water column for a short period of time, these sediments do not pose a potential toxic effect to the mysid Holmesimvsis costata. 3. Worm survival in the solid phase test: Mortality (79%) was 1 significant for the 10-day test at Site 2. However, since survival of the worm,Nephtvs caecoides, was 96% for the 20-day bioaccumulation test for the same site sediments, it is possible that some of the test worms used for the 10-day test for Site 2 were not, by chance, as healthy as the worms at SItes 1 and 3. The fact that the suvival rate was 96% in the 20-day test minimizes the result of the 10-day test. ' 4. Bioaccumulation in the worms: a. Metals --Cadmium and copper were accumulated in the worms in significant amounts. Comparisons of the levels reported In the ' literature for field collected worms indicated lower values In Neanthesfor copper and similar values for cadmium (Eisler, R., 1981, Trace Metal Concentrations in Marine Organisms, Pergamon Press, NY). While two different species of marine worms were used, the bioaccumulation data reported In the MBC Upper Newport Bay study were higher in Neanthes arenaceodentata compared to Nephtvs caecoides used in the Castaways sediment study. b. Organics --Oil and grease and recoverable petroleum hydrocarbons ' were elevated in worms at all three test sites. Oil and grease are difficult to define because they contain thousands of organic compounds with varying physical, chemical and toxicological properties. Since these compounds are largely naturally occurring chemicals, they are biodegradeable In a reasonable period of time. The most toxic components are highly volatile and evaporate rapidly; they usually do not occur in marine sediments. Since the test organisms themselves contain oil and grease, .the bioaccumulation values must be carefully evaluated in using such data in making an environ- mental decision. Because of these difficulties in interpreting ' oil and grease data, It would be wise to analyze for these II I chemicals in some of the test organisms at the beginning of the test in order to provide a basis for comparison. Oil and grease were not analyzed in the test organisms used by MBC in their study of Upper Newport Bay Sediments. ' S. Bioaccumulation in the clams: a. Metals --Chromium was accumulated in clams at all three sites; copper, mercury, selenium, and silver was accumulated from sediment from Site 3. Comparisons of the bioaccumulation data by MBC for Upper Newport Bay for the same species of clam, Macoma nasuta, were higher for all metals, except chromium, ' than present in the clams exposed to Castaways sediment; the chromium data were similar. Comparisons of the Castaways metal data were lower than the published data by Eisler (1981) for the European species Macoma balthica [no published data for Macoma nasutal. 6. Reference Site Selection: The reference site used in this study was located off the City of Newport Beach in 464 meters depth; this was the same locality used in the MBC Upper Newport Bay study. 7. Conclusion: The marine component of the proposed Castaways Marina ' will require the dredging and offshore disposal of 25,000 cubic yards of sediment. The Upper Newport Bay dredging project, which was the basis of the 1985 MBC bioassay study, involved the removal and ocean disposal of 1,000,000 cubic yards of sediment offshore from the City of Newport Beach. The Upper Newport Bay project was approved and the dredging completed in 1988. This was a massive dredging project which was 40 times larger than the proposed dredging for the Castaways Marina. ' Comparison of the sediment chemistry and bioaccumulation values in the clams and worms of the two areas of Newport Bay indicate that the Upper Newport Bay sediments contained higher concentrations of potential toxicants and the animals had higher concentrations of metals in their tissues than those from the Castaways Marina. Since the Upper Newport Bay sediment contained higher quantities of potential toxicants and involved 40 times the amount of sediment, it seems reasonable to approve the ocean disposal of 25,000 cubic yards of sediment from the proposed Castaways Marina. Environmental damage to the offshore area is expected to be minimal if any at all. Sincerely yours, Dona 1 d J. Re�shi�"" I t .' ofCsHornia; �Ow ' 'O^ Govesma � '— ,st District WWh Ceo$s Sroadwa •5,ite 380 toBacBehUtorw90w1.1450 r2131590-SM •5 n t ,e I, .. • _ ...... � V A_ s� r�+tra,, oFssrt ? J �M 4 �� .a au, Tss�4r noT�OatB a 4ti� 1B�Spn?ot°' As or °4s �oF6a��a NOTICE OF PUBLIC HEARING gj, 17 0✓ Date Time : e: x � 1 • Place: Eureka 7th. & 1nTtstreetis F. Eureka, CA •Z of "'a -notice nt described on page Californls The PTOposed development hearing �°taeindicaLed above. Public is scheduled for a p e time Coastal Commission at th iolloy§0 This item has been tentatively scheduled as Rdministrative Permit Consent Calendar Lm Extension Request option of Findings Requcst for Reconsideration ular Calendar Permit Applications raj Material Amendment Voting on Reg t Applications vHearing and RaQular Calendar Par'su Continued Hearing and Voting on L t APPlications lar.Calendar-Permi Public Hearing on tiatN on and ttsa�. and Voting on estion DetGove�nt Decisions '1 Significant 4u nt Denis LLJJ Repeals from Leal �O yoeal �o`K� and Voting on Continued Hearing 1►PP!ais !zo>9 C others soeesuses is enclose eet ission.seetiluf ration and the 4101 al st tion on Coastal Cow this in , District • Ipfosaa . .=f� after Tsadinguestions. Please contact Staff An pages 3;and�4• a f er have q Sasi°n'a South Coaa 846-0645• fQratio t o�cen at the COW13) 590-5071 or (71 ) e 1tt' is ublic Teviet+ a�' the District The staff report•vill be 'ailed ve oddress:ivailable for p pifiee'at ththisoPTo3ect is urs. ' The tile; on Tegular business ho Office dueitg on Te9 coal rge Dt...,kmejian, Governor California Coastal Commission South Coast District 245 West Broadway, Suite 380 P.O. Box 1450 Long Beach, Californi? 90801-1450 (213)590.5071 COASTAL DEVELOPMENT PERMIT NO. 5-83-170 Page 1 of 2 On May 12, 1983 The California Coastal Commission granted to CA ' I California Recreation Company, 1137 Bayside Drive, Corona del Mar, 92625 t i thisipermit for the development described below, subject to the attached 'Standard and Special conditions. ' + Demolition of vacant, deteriorated 40 dock marina. No new construction on the site. SITE: 112 W. Pacific Coast Highway, Newport Beach , • i f >' Ltlssued; on behalf of the California '! N: Y016W Executive Director SS :ADD'+UKf1L A •:COPY',OF iX NMI - 'and ,THE -'SIGNED ACD OWIEENT HAS iR=NEi`TO:-THE' COWS" OMCL DHP/mm 119 c.E,(,V- EQ 1"AY 23 1983 CASH G ASSOCIATES ACKNOWLEDGEMENT The undersigned permittee acknowledges }; receipt of this permit and agrees to abide by all terms and conditions thereof. on ` Date Signature of Permittee i. 5/81 u 11 ILWOJ4ACT. SI7"6- v N<.N Q C V1CtNITY SEC�I"CH nva.rirrr � e,,,, Nrw"oW DAY CALL ORMA k „rrr ��--� --; P R ?Q � sw<IOA R Sauno7n1?s ore rXFvCsssa` eat lief and 04PA e Ir ev"Os below Mrro.7 Lower Low Wofrr. R4otlw Wu rivnfe oi' 01,014 aperax++ 04' lO.Zr" Harbor /1:res are esr'n8/('shed i;* 7"his . Secbo* ofNew,~Y( Bar: _.....rlr, 44 ..p cr�GiNG = 200 ' �'d P4YS"�!p'�= ..... A,Y/ST .�'l.K'G� lix ��t � • V'~�� .ti V.. �� ,. r• ' w f ' � LX/Sri GUGKS O P /OP Z/I .. - _ . _ , _ r-lji" , v1 Vt.e r'... _..,. _ ... _ .__.__ ._. __ __a. �-.__•�... _ i� 1% n• )� a� jam. f K t q 2 i \gin m m m m r m m i r !� 3/30/83 State of California, ate DM5 / 7 / 8 3 R Dukmajian, C.or�er " CgGfomia.CoastalCommission is=ply 9/15/83 South Coast District p D.H. Pickenswp 245 West Broadway, Suite 380 P.O. Box 14SO 11 tDZ= to JoAnn Sullivan long Beach, California 90801.1450 " (213)590.5071 antra Up 4/28/83 rm mvimpa= S/12/83 ' STAFF REPORT: ADMINISTRATIVE 17EM California APPLICANT: Recreation Co. AGENT: �•• " PERMIT NO.:5-83-170 (Calif. Recreation Co.) PROJECT LOCATION: 112 W. Pacific Coast Highway, Newport Beach �s. PROJECT DESCRIPTION: Demolition of vacant, deteriorated 40 dock marina. j No new construction on the site. r LOT AREA n/a ZONING Unclassifipa BLDG.'COVERAGE n/a PLAN DESIGNATION G.P., LUP draft, a opt, cert., LCP PAVEMENT COVERAGE n/a PROJECT DENSITY d LANDSCAPE COVERAGE n/a HEIGHT ABV. FIN. GRADE n/a LOCALAPPROVALS RECEIVED Approval in Concept, Newport beach SITE: CHARACTERISTICS In the waters of Upper Newport Bay. SURROUNDING LAND USE: Bluff top •residential to the west, Newport Dunes Aquatic Park. i COASTAL ACT ISSUES: Certified Land Use Plan Consistency. -I- (continued) '. r'• b-83-170 e �II.•�.SPECIAL CONDITIONS: NONE r 1Ill. 'EXECUTIVE DIRECTOR'S DETERMINATION IA. Pro'ect Descri ion. The applicant is proposing to demolish '.a vacant, eteriol ram— marina. The marina configuration has been :modified from time to time in the past but at one time contained ;as many as 40 boat docks. ;The project is located in the entry channel to the Upper Newport :Bay Ecological reserve. ,B. Certified Land Use Plan Consistency. There is no reconstruction ion t e site opose at this time; however the applicants have indicated thatprthe marina may be rebuilt at a future date. ;The Executive Director determines that the proposed project is ?not inconsistent with the City of Newport Beach Certified Land a.Use Plan and; further, that the proposed project will not pre- ,judice'the ability of the City of Newport Beach to prepare im- :plementing ordinances consistent with and adequate to carry -out that Certified Land Use Plan. a mw= J1 n _ .. .. �.r._.. .. ..__..... .. . ....._._-,.....•-e r.. ,- a .... DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT. CORPS OF ENGINEERS f. 0. BOX 2711 LOS ANGELES. CALIFORNIA 90053 , February 23. 1483 IN REFIX REFER TO SPLCO-R California Recreation Company 1137 Bayside Drive 7 Corona del Mar, California 92625 t Gentlemen: Reference is made to your request of February 8, 1983 (83-57-RA). Upon the recommendation of the Chief of Engineers and under the provisions f You Section 10 of the River and Harbor Act of March 3, 1899 (33 are hereby authorized by the Secretary of the Army to demolish the Bayshore Park Marina -in Upper Newport Bay, Pacific Ocean at 112 West Coast Highway, city of Newport Beach, county,of Orange, State of California, as•shown on the •attached drawings and subject to the attached conditions (a) through (y).• - Notice of the commencement of the activity must reach this office at least 2 days before the activity actually starts. Please use the enclosed card. ; BY THE AUTHORITY OF THE SECRETARY OF THE ARMY: Sincerely, Paul W. Taylor' Colonel, -Corps of Engiftee (1 District Enginear Enclosure n 0 n i �l� •• •�� /h `4t t • r I c �APARRK�E /t_All NA. JJJ Ty N L) u ' fJiq G/F/C ccA 5 r NN ' tStE VICINITY MAP • - 5 EE__.ATTfI cH� O %E-2/.aL •. P•5''oroC�.�f,'P.r/ •' ' Fa,,v O.Zi�.vrNridv o� • S A Y� ,yo.•�' E" �r:. LEGAL' 4E.�CR/f'----- • 6 ' 3E/it/G A. PORT/ON OF LOTS / E 2 OF TRACT Na //25 �;•' PER MAP f%LED /NM.M. 39/7 B TOGETHE/F 1Y/TH A_ '.PORT/.ONOFLOT%65BLOCK53 OF/.4tUNES-64IM0/1//S/OM /NAP F/LED /N INRM !/ed J. -j: • 7HE� //�Y//VE COMPANY • • }•;� 53„D.•NEWPORT CENTER DRIVE ' �;; NEI�f??,4TBEACH,CAL/F. .9Z663 tPQ5E:.$FM�v� A •/Azzst�:vous Doek fUM:,.lN�.A JACENT PROPERTY OWNERS: PROPOSED DC-Mfl�-r71oN or- r-�AY61402E' PAKK t-4 i�rA IN: UpPesr IJPWP*r--t 6QY AT: Nawrori COUNTY: 'Or4 nn9t STATE: Cal.��orn�o. APPLICATION BYSHEE : I OF Z DAOOTE' / /L1 3 I 1 FINAL COST ESTIMATE SUMMARY 1 Project: Castaways Marina Location: Newport Beach, California Date: May, 1993 1 Prepared by: Randy Mason The total estimated cost for the Castaways Marina Project including engineering and design, sitework, marina improvements, Shellmaker mitigation, material disposal, permits and construction services is $81400,000. 1 t 1 1 1 1 1 1 1 II 1 I u n L u P CBSTBYAYS HRRIHR FINRI ESTIMRTE NOY 1993 ;Description ;Quant ;Uni SITEYORK 1 ;Rock slopes (Subserged) ; 1 ;Is ;Site Rough Grading 167420 ;sf ;Retaining galls ; 1000 ;if ;Sidewalks 4150 ;sf ;Paving ;41500 ;sf ;landscaping 121900 ;sf ;Store Drainage Systee i 1 ;Is Santitary Sever ; 1 ;Is ;Pater Supply systee 1 ;Is ;Fire Hydrants ; 2 lea ;Power Distribution systee ; I ;Is ;Crib call along Bluff ; 1 ;Is ;Bike Path•Offsite ; 1 ;Is ;Beach Rccessvay ; 1 ;Is ;Upper/toyer site stair "; 1 ;Is ;Trash Enclosures ; 1 ;Is ;Curb 3 Gutter ; 2025 !if ;Planter box v/ landscaping i 500 ;If ;Entrance roadway RC, base, prep and paving 'Landscaping Earthvork and cribwall Curbs and Cutter ;traffic Signal (SO's) ;Fencing Ornaeental , , Chain link Yaterline reloc ;Addition piping and valves, Pac Tel Relocation ;Shelleaker Mitigation , ;site lighting , , , , , , 17400 Isf 11500 ;sf 1 ;Is 1000 ;If I ;Is , , 1070 ;If 660 ;If 500 if I ;Is 1 ;Is 15000 icy , , 6 ;ea , , „ 2493.03 Prepared By:RHH Date: 02-Jun•93 Phase Checked By : Date: HRIERIRI ; LABOR ; EOUIPHENT ; SUB CONTRACT Unit ; Blount Unit Recunt Unit ; Heouot ; Unit Blount ; TOTAL r r......... •••. ------- r r $0 i i SO) i SO 60000.00 i $60,000) $60,000 i $0 i i f0 i i $0 i 0.25) $16,855 ; $16,855 SO ; 100.00 ; $100,000 $100,000 f0 i i f0 $0 i 3.00) $14,250) $14,250 SO ) SO i i SO i 1.40 ; $58,100 i $58.100 f0 i i So i i f0 i 3.00 i $65,700 i $65,700 SO f0 i i $0 20000.00 $20,000 $20,000 SO i i SO { $0 i 30000.00) 130,000) $30,000 SO i i $0 i i $O) 20000.00 i $20.000 $20.000 2500.00 20000.00 30000.00 20000.00 30000.00 20000.00 1500.00 10.00 280.00 1.10 3.00 150000.00 10.00 62SO0.00 MOO 15.Do 150.00 40000.00 100000.00 8.60 SODO 0 $5,000 $20,000 $90.000 $20,000 $30,000 $20,000 11,500 $20,250 $140,000 $0 $24,360 $34,500 $150,000 $10,000 $62,500 $0 $32,100 $9,900 $15,000 $40,000 $100,000 $0 $382.500 $0 $48,000 $0 $0 $0 $0 $0 $0 $5,000 $20, 000 $90,000 $20,000 $30,000 $20,000 $1,500 $20,250 $140,000 So $Z4,360 $34, 500 $150,000 110,000 $62,500 $0 $32,100 $9,900 $75,000 $40,000 $100,000 $0 $382,500 $0 $48,000 10 So ;o So Sp 10 i i 0v i i s0 i SO i so i sot i $0 i i $0 i $0 ..........' )SUB-TOiRI P06E 1 i '--------'---------- SO ; -------- $ $0 ; ---------- '----------- �----------- '------------ ; $0 1$1,700,515 ; � $1,700,S15' ..............................: CI E 'I C F U 1 I LJ C' CRSTRUR4S RRRIRR FIR81. ESTIRRIE ROY 1913 ---- ----- -- ;Description: BULKHEAD & RRRI;Quant ;Uni ; ;0eeo Existing bulkhead ; 9016 ;sf l ;Bulkhead e/ caisson anchors,; 1 !is steel sheetpiles u/alue an; ; Bulkhead railings ; 1070 ;If Dock Systee-colplete 123550 ;sf 0uidepiles ; 115 ;ea 6anuays ; 3 ;ea HC Access ; 1 ;Is Puep-a-head ; 1 ;ea 2493.03 Prepared By:RHR Date: 02-dun-93 Phase Checked By : Date: WHIRL ; LABOR ; EQUIPRERI Unit ; Blount ; Unit ; Blount ; Unit ; Beount i SO i i $O ; i' SO i SO i i f0 i i SO ; S0 i i So i i f0 i SO i i f0 i i SO SO i i f0 i i SO $0 i i f0 i i $O i SO i i f0 i i f0 $O ; ; $O $o . 1 S0 ----------------••-----•-•------------------•......... ------•-i------- ;SUB-TOTAL POSE 2 ..............................: $0 l l . SUB COKIRBCT ; Unit i Blount ; TOTAL i $O i $0 4.50 ; $40,572 ; $40,572 SO ; SO 2500000.00 ;52,500,000 ; $2,500,000 fo i $o SO i $O S5.00 ; $58,850 ; $68,850 $0 ; fo MOB ; $942.000 ; M2,000 3850.00 ; $442,750 i $442,750 9000.00 ; $21,000 ; $27,000 50000.00 ; $50,000 ; SSO,000 10000.00 ; $10,000 ; $10,000 i $O i $o SO $0 i So i $O SO ; $O so ; $0 So ; $0 $O ; SO so ; $0 $0 ; $0 So l to $O ; $0 so ; $o $0 ; $0 $0 $0 so 10 $0 $O $0 ; $0 so ; so $o ; $o so ; $0 SOl $o S0 $0 So ; So $0 ; $0 $0 ; $0 $o ; so o ; $0 ; ; $0 ; $0 o; 10; so; $0; of So. Sol $ol 0 ; ; $o ; ; SO l $O l O i i f0 i i So i SO ; o; l $o; ; $0; $0; o l so ; l $o ; $o l ---------- '----------- '........... '------------' 0 i i S0 i 1$4,071,172 ; $4,071,172 ; H E 1 LJ 1 E 1] .1 C' CRSIRYRYS NRRINR 203.03 Prepared By:RHH Date: 02-Jun-93 FIHOI ESTIHOTE Phase Checked By : pate: NRY 1993 :::::::::: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::• --x_------•--' HRIERIRt ; LBBOR ; EQUIPHENT ; SUB CONTRHCT ; 1 IDeserlptiou: DRED6116 I IQuant I t ;Uni; Unit I Blount ; Unit ; Blount ; Unit ; Blount ; Unit ; Blount ; TOTHt 1- I- 1- 1- 1• r 1- 1• r t• r I 1 $Di i SOi i fDi i SOi SDi I ;Coyote Canyon Disposal 1 ; 07.6 I I ;icy: I ; $O ; ; $O ; ; $0 ; 14850.00 151,152,360 ; $1,152,360 so ; ; SDi i $Di i SO ; so I I I 1 I $Di i SO ; ; SO ; i SO I so $O ; ; $o ; ; SO i ; so ; $0 ; SO i i SO i i so i i so i $0 ; I 1 I I I $0 I I I I I so i i s0 1 ; So ; ; so ; $O ; $o ; ; $0 i ; so ; so ; so I 1 I 1 I so i ; $0 $D ; ; So i $o ; $0 ; ; So ; ; $0 ; ; So ; $o ; I I I I I 1 so ; $0 fD ; So I $0 I I I i 1 1 I i I 1 I I 1 1 I $0 ; so ; ; So ; ; so 1 $0 ; $o ; ; s0 ; So ; so ; s0 I I I 1 I $0 ; •10 ; ; so ; ; so ; $D So; ; So; ; so; ; so; So $0 I $0 ; ; fo ; $0 ; So $0 ; $o so 1 to ; so $D ; $0 1 so l so ; so $D $0 ; ; so ; ; so ; $O 1 1 1 1 i I 1 1 I 1 $o ; ; $0 ; ; $0 ; so 1 $0 I I 1 I I s0 ; ; $0 so ; ; so ; $0 ; $o ; ; $0 ; ; $0 ; ; So ; So I 1 I I 1 1 $o ; ; So ; ; $O so i so ; I 1 1 I 1 I I I 1 1 1 1 I 1 So $0 ; ; So I ; so 1 so ; so 1 ; $0 i So ; $0 ; $0 ; ; so ; so- $o ; 1 I 1 i 1 $o ; $o ; s0 1 so ; I ; so ; ; $0 ; ; $0 I ; so ; $D ; 1 1 1 I 1 I I i 1 1 $O I so I I So ; ; So so ; 1 I I I I 1 I I I I so ; ; $0 1 ; $o I I fo I $D I 1 I 1 I 1 I 1 I I 1 $0 I I so I I so ; t so 1 fo I 1 I I So 1 I $0 1 1 $0 i I SD 1 $0 I 1 1 1 I 1 I I 1 I I 1 $0 I I $0 1 I fD I 1 so 1 $0 I 1 1 I I 1 1 I 1 fD 1 1 fD 1 1 fD t I SD 1 sD I 1 1 I 1 I 1 I i fD I so I I so ; 1 s0 1 so I 1 I I I I I $0 So 1 i $0 t I so 1 10 1 1 1 I 1 I t I I I I 1 so ; 1 I $0 I I f0 I I so 1 so ; I I I 1 1 $0 I 1 10 i I so 1 I SD I $0 I 1 1 I I I 1 I 1 I $D 1 1 $0 1 1 s0 1 I so 1 SD j I 1 I i 1 1 j0 I $Di So ; 1 so ; $0 ; i 1 1 I 1 I I i 1 I $Di So ; so ; 1 1 1 1 1 Sol SDI 1 10 1 so l $DI I I 1 1 1 $0 I I $0 ; I so 1 I so 1 $o ; 1 So I I $0 I I So ; So ; $D I I I fo I I So I I So ; So I $0 1 $0 ; so ; $0, ; I 1 I 1 1 I I I 1 1 1 1 I 1 I so I I $DI I so 1 I So ; so ; 1 I 1 1 1 SD 1 1 $0 I I $o 1 I so 1 $o 1 ........................................... ISUB-10101 P96E 3 i- ..'••--•' I- $0 ; -------'I- ; ---•-•-•-'I- $0 ; -------'--------•'-------...1----------"I I I- ; $0 i 1 I----•--•--- :$1,152,360 ; I 1 $1,152,360 ; ..............................: CRSTBURYS NORIMfl 2493.03 Prepared Bp:RMN Date: 02-Jun-93 FINK ESTINATE Phase Checked By : Date: MAY 1993 I 1 I MATERIAL ; LABOR ; EQUIPMENT ; SUB CONTRRCT Unit ; Blount ; Unit ; Blount ; TOTRE ;Description: BUILDINGS ;Quant ;Uni; Unit ; Rsount ; Unit ; Blount ; RestrocalShorer Building ; TSO ;sf ; ; $0 i i SO ; ; SO ; 120.00 ; $90,000 ; $90,000 ; I I I 1 I 1 I 1 t $0 1 1 $D 1 I so I 1 SD j $D I 1 1 I I I $0 1 I $0 I 1 $0 1 I $0 1 so I t $0 ; ; $O i i S0 i i $O i SO ; f0 i i $O ; ; $0 ; i $0 ; $0 $O ; i S0 i ; So i So ; $0 i $O i ; $0 i i SO i So ; SO ; So i ; SO ; ; $O i ; $O i $O ; $O i i $0 i ; $0 i i S0 i $O ; So i i $0 ; i $0 ; ; SO i i f0 ; $0 ; $0 $O i i S0 i ; $0 ; so ; ; $0 ; i $0 i ; SO i So ; $0 i i SO i $0 ; ; 10 ; i So•i i So 1 ; $0 i $0 ; So ; $0 ; $0 i S0 ; SO ; So i $0 i ; $0 ; ; So ; ; $0 i So ; $0 ; 40 ; ; i 1 1 1 1 i I 1 I 1 1 fD 1 I SD 1 I SD ; 1 $0 1 $0 I I 1 I I fD 1 I fD I 1 $0 1 I $0 I f0 1 $0 I I to I 1 fD j SD I I I I i I $0 1 1 SD I 1 SO 1 I So I SD 1 I I 1 1 I $o So ; $0 ; S0 S0 S0 ; $0 ; $0 ; SO I 1 I I I $0 ; ; So ; ; $0 ; ; $0 ; SO $0 i i So ; i $0 i i $0 ; So $0 ; ; 10 i ; $0 ; ; $0 i S0 So ; So ; So ; ; SO ; So $0 So ; ; ; $0 S0 ; ; $0 ; So 1 ; $0 ; $o ; f0 $0 $0 ; ; $0 ;. $0 ; ; So $0 ; $0; S0; S0; $0 ; $0 ; $0 f0 ; S0 $0 ; $0 i ; So ; $0 ; $0; So; ; So; so; ; So; So; ; SO; so ; So; fo; f0 ; ; $0 i $0 ; S0; S0; S0; $0; So; $0 ; ; f0 i ; $O ; ; $0 ; $0 S0 ; So ; ; $0 ; i $0 i i So i So i i $0 ; ; $0 ; i $0 $0 ; $0 ; ; ; $0 $0 ; S0 ; S0 ; So ; $0 ; So ; S0 t i i I 1 $0 ; ; So ; ; $0 ; ; $0 1 $0 ; 10 ; ; $0 ; ; $0 ; ; $0 ; $0 ; 1••--.......•--•----•-••......-• , •---••••••••• •-•'---------'-------'----------''---------'•---------' 1 1 -........---------- , 1I , '-- - 1 I ; $90,000 i ----•- --' I $90,000 ; ,SUB-TOTflI PAGE 4 ..............................i SO i i S0 i ; $0 ; CBSTOVOYS HORINR 2493.03 TIHAI ESTIHATE Phase HAY 1993 Prepared By:RHH Date: 02-1un-93 Checked By : 'Date: HRIERIflt ; LABOR ; EQUIPHEHT ; SUB CONTRACT ;Description: EIGINEERIN6(CON;Quant :On!! Unit ; Blount ; Unit ; Blount ; Unit ; Blount ; Unit ; Blount ; i0ifll ; I• I- 1' I-- I' I• I- 1• 1• 1- I• 1 I $0 i 4D I I ;Pereits ; 1 ;Is ; ; SO i i s0 i i SO ; 55000.00 ; $55,000 ; s5S,000 ; i 40 i i $0 i i 40 i 40 1 I I 1 ;Engineering 6 Design i i i I so i i s0 i i $0 Sitevk/Marina/Buildings ; 1 ;is ; ; 40 i i $0 ; ; $0 ; 200000.00 ; $200.000 ; 1200,000 ; Coyote Canyon Civilvk ; 1 ;Is i i $0 i i SO ; ; $O ; 20000.00 ; $20,000 ; $20,000 ; Entrance road ; 1 ;Is ; i $0 i i S0 i i SO ; 30000.00 ; $30,000 ; $30,000 ; Shelleaker Application Pro; 1 ;Is ; i $O ; ; So i i S0 ; 5000.00 ; $5,000 ; $5,000 ; Parcel Nonutents ; 1 ;Is ; ; $0 ; ; so ; ; 40 ; 6500.00 ; $6,500 ; $6,500 ; 40 i i 40 i i so i i $O ; 40 ; I so i i 4o i i so 1 i 4o i 40 ;Construction Services ; ; ; ; $0 i i $0 i i SO i i 40 i so ; Inspection of Dredge Hater; 1 ;Is ; ; 40 ; ; 40 ; ; 40 ; 15000.00 ; 415,000 ; 415,000 ; Engineering Halo (12io.) ; 1 ;Is ; ; $0 1 i $0 ; i 40 ; 67500.00 ; $67,500 ; s67,500 ; 6eatechnical i 1 ;is ; i s0 i i SO ; ; 40 ; 35000.00 ; $35,000 ; $35,000 ; I I 1 I I 4D 1 I 40 I I $D 1 1 40 I so I SD 1 i 40 i I $0 ; s0 ; I I I 1 1 ;Shelliaker Mitigation Survei; 1 ;Is ; ; $O ; ; 40 i i $O ; 150850.00 ; $150,BSO ; 1150,850 ; 1 $o 1 So 1 so ; ; to ; $0 ; So ; ; so ; so ; ; so ; So ; I 1 I I 1 40 ; ; $0 i ; s0 ; ; s0 ; 40 so i $0 ; ; $0 ; ; $0 ; $0 ; $0; $0; ; so; ; $0; $0; I I I I 1 $0 ; ; 40 ; ; so i ; 40 ; $0 ; I 1 I I I i 1 I 1 so ; ; 40 ; so ; I 40 ; $o I $o I $0 { ; $D ; ; so ; 40 ; I So ; ; $o ; ; $D ; ; $0 ; $o 1 I I 1 i $0 ; ; $0 ; ; $0 ; ; - $0 ; 40 i I I 1 I i I 1 I I $D I I So I i so 1 I $0 1 SD I 40 ; ; so ; ; $0 ; ; So ; 40 ; I { so ; ; so ; ; 40 ; ; 40 ; 40 1 I 1 I I $0 $0 ; ; s0 ; ; $0 ; 40 i i I 1 1 So) i So ( 40 i $0 ( $0 $0 i i 40 i i S0 i 40 i' $0 I 1 I 1 1 $0; so; so; $0; S0 i $0 i ; s0 ; ; 40 i $0 $o; ; So; ; so; so; $0 t so ; ; $o ; $o ; I 1 1 1 I $D 1 1 40 1 I 4o I 1 So I 40 I 1 I I i I SD I I $0 I 1 $0 1 I 4D 1 sD I I I I I I $o I 1 40 1 I 40 1 I so I $D I I i I I so I I 40 I I $0 ; 1 $D 1 $O I I 1 1 I I I I I 1 1 so i I 40 i I SD 1 I $0 ; $D ; I 1 I I $D 1 I $o I 1 40 I I $0 1 4o ; i so ; ; 40 ; ; to i ; so ; s0 ; I I 1 I I $0; ; $0; ; $0; $0; so; $0 ; ; $0 ; ; s0 ; ; s0 ; 40 ; 40 i i 40 i i 40 1 i 4o i 40 I 1 1 I 1 40 i i so i i 4o i i 4o ; so i I 1 1 i I $0 i i 40 i i 40 i i s0 ; 40 1.......--•...............••--•-.............-•-'----••---'•-•-•-•-'•---•--•--'-----'--'--`••----'-•-••... -..1 I 1 I I I I I I I --•-• -•-I-------••• 1 :SUB -TOTAL PACE 5 ..............................: $O ; ; $o ; ; SO ; ; 4584,850 1 S581,850 1 COSTB984S RBRIDO 2493.03 Prepared By:RBR Date: 02-Jun-93 Mat ESTIIIBTE Phase Checked By : Date: Nov 1193 Sub -Total $1,598,897 Escalation thru 1993 0 's to Sub -Total $7,598,891 ................................................. SC CUP incl in Sub-contrac 0 1 $0 Sub -Total $7,598,HI .................................................... Contingencies at 10 2 $759,890 ORBDD IOTRL $8,358,187