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HomeMy WebLinkAbout18 - Appeal of Planning Commission's Approval of Minor Changes to Coastal Development Permit No. PA2024-0140Q �EwPpRT CITY OF s NEWPORT BEACH `q44:09 City Council Staff Report October 28, 2025 Agenda Item No. 18 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Jaime Murillo, Acting Community Development Director - 949-644- 3209, jmurillo@newportbeachca.gov PREPARED BY: Laura Rodriguez - 949-644-3216, Assistant Planner, Irodriguez@newportbeachca.gov TITLE: Resolution No. 2025-70: Appeal of Planning Commission's Approval of Minor Changes to Coastal Development Permit No. PA2024-0140 located at 100 East Balboa Boulevard (PA2025-0130) ABSTRACT: For the City Council's consideration is an appeal of the Planning Commission's September 18, 2025, decision to uphold the Community Development Director's approval of minor changes to Coastal Development Permit (CDP) No. PA2024-0140. The CDP was previously approved by the City Council on September 24, 2024, for the demolition and reconstruction of the City's Fire Station No.1 and Balboa Branch Library. The City Council also approved the removal of two diseased trees located within the property. The minor changes approved by the director modified the previously approved landscape plans with replacement tree species to further support nesting birds such as great blue herons. The changes will alter the parking layout and result in the loss of one surplus parking space. RECOMMENDATIONS: a) Conduct a de novo public hearing; b) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 under Class 2 (Replacement or Reconstruction) of the CEQA Guidelines, because this project has no potential to have a significant effect on the environment; and c) Adopt Resolution No. 2025-70, A Resolution of the City Council of the City of Newport Beach, California, Denying an Appeal and Upholding the Planning Commission's Approval of Minor Changes to Coastal Development Permit No. PA2024-0140 for the Property Located at 100 East Balboa Boulevard (PA2025-0130). DISCUSSION: The Balboa Branch Library was constructed in 1929. A fire station was added to the existing library and has been operating as Fire Station No. 1 since 1962. Both facilities total approximately 7,930 square feet of gross floor area (Figure 1, below). In 2021, an 18-1 Resolution No. 2025-70: Appeal of Planning Commission's Approval of Minor Changes to Coastal Development Permit No. PA2024-0140 located at 100 East Balboa Boulevard (PA2025-0130) October 28, 2025 Page 2 assessment evaluating the facilities' condition was conducted, and both facilities were rated as "poor" condition due to age -related and environmental deterioration. Figure 1: Existing Fire Station No.1 and Balboa Branch Library(as viewed from East Balboa Boulevard) The property is categorized as Public Facilities (PF) by the General Plan Land Use Element, Planning and Zoning Code (Title 20), Coastal Land Use Plan, and Local Coastal Program Implementation Plan (Title 21). The PF categories are intended to provide public facilities, including public schools, cultural institutions, government facilities, libraries, community centers, public hospitals, and public utilities. The property has been historically used as a fire station and library and will continue to operate in that manner. Since the property is in the Coastal Zone, a CDP was required for the redevelopment of the fire station and library. Project Background On March 5, 2024, the Parks, Beaches, and Recreation Commission (PB&R) approved the removal of two Special City Landmark trees located on the subject property (Figure 2 on Page 3), due to disease and the decaying advancement rate. On June 14, 2024, Christopher Pitet (Appellant), representing The Friends of the Library Park, filed an appeal of the PB&R Commission's decision to remove the Blue Gum Eucalyptus tree to the City Council. On September 24, 2024, the City Council denied the appeal and upheld the PB&R Commission's decision to remove the two diseased Special Landmark trees. The City Council also approved a CDP for the demolition and reconstruction of the library and fire station. A detailed project description is included in September 24, 2024, City Council Staff Report (Attachment B). 18-2 Resolution No. 2025-70: Appeal of Planning Commission's Approval of Minor Changes to Coastal Development Permit No. PA2024-0140 located at 100 East Balboa Boulevard (PA2025-0130) October 28, 2025 Page 3 Figure 2: Oblique Aerial Image of Property On October 24, 2024, the CDP was appealed to the California Coastal Commission (CCC) by the Appellant, due to concerns about the removal of a Blue Gum Eucalyptus tree and the potential displacement of nesting great blue herons. The CDP is currently under review by the CCC staff pending the outcome of this hearing. CCC Staff Feedback and Additional Analysis After the appeal of the CDP was filed to the CCC, CCC staff conducted an initial review of the project and collaborated with City staff to resolve the issue of potential displacement of nesting great blue herons. CCC staff recommended that the City consider using Eucalyptus, Cypress, Western Sycamores, and Big Cone Spruce as alternative tree species to mitigate the removal of the existing trees on the property. Additionally, a Tree Evaluation Report, dated May 5, 2025 (Attachment C), was prepared by Dudek Consultants, which included a biologist and urban forester, to assist the City in preparation of a revised landscape plan. Protect Description Based on the previously mentioned collaboration and analysis, the City prepared a revised landscape plan to address the potential displacement of nesting great blue herons. On July 3, 2025, the Community Development Director approved Staff Approval No. PA2025- 0130 to incorporate minor changes to the landscape plans of the approved CDP (Attachment D). The changes to the landscape plan include replacing the Catalina Ironwood trees along Island Avenue and the California Sycamore trees along East Bay Ave with Western Sycamore trees. Additionally, the planting areas within the parking lot along East Bay 18-3 Resolution No. 2025-70: Appeal of Planning Commission's Approval of Minor Changes to Coastal Development Permit No. PA2024-0140 located at 100 East Balboa Boulevard (PA2025-0130) October 28, 2025 Page 4 Avenue will feature a Sweetshade tree and an Australian Willow tree, replacing the originally proposed California Sycamores. The revised landscape plan alters the parking layout and results in the loss of one surplus parking space (Figure 4, below). Originally Approved CDP Landscape Plan Revised CDP Landscape Plan E Bay Ave — �� E Bay Ave -------------- ... f f �17❑ rr El Q �• �� NEWPORT BEACH FIRE STATION & LACH IBRARY -� xSTATm a ueR FIRE SfATiON 6l1BRARY �• c California Catalina , Western = Sweetshade Australian Sycamores Ironwood Sycamores Willow Figure 4: Comparison of the Original and Revised Landscape Plan All required findings of Newport Beach Municipal Code (NBMC) Section 21.54.070 (Changes to an Approved Coastal Development Permit) are addressed in the draft resolution (Attachment A), under "Exhibit A", and was previously discussed in detail in the September 18, 2025, Planning Commission Staff Report (Attachment E). The originally approved landscape plan is included as Attachment F, and the revised landscape plan is included as Attachment G. Additionally, the CDP's landscape plan is required to comply with NBMC Section 21.30.075 (Landscaping). The revised landscape plan proposes certain tree species for the purpose of supporting nesting birds, which will continue to comply with the Title 21 landscape standards, and does not include any invasive species. Although the revised landscape plan will alter the property's parking layout and result in the loss of one surplus parking space, the property will continue to provide sufficient on -site parking. Appeal to the Planning Commission On July 18, 2025, the Appellant filed an appeal of the Staff Approval to the Planning Commission. The appeal cited the following factors of concern (as summarized): • Objection of the CEQA exemptions utilized-, • The replacement trees are insufficient for nesting birds; and 18-4 Resolution No. 2025-70: Appeal of Planning Commission's Approval of Minor Changes to Coastal Development Permit No. PA2024-0140 located at 100 East Balboa Boulevard (PA2025-0130) October 28, 2025 Page 5 • The project does not protect environmentally sensitive habitat areas (ESHA). The complete appeal application to the Planning Commission is provided as Attachment H. On September 18, 2025, the Planning Commission held a public hearing to consider the appeal of the Staff Approval. During the hearing, the Appellant stated that the Blue Gum Eucalyptus tree and the property are considered an Environmentally Sensitive Habitat Area (ESHA) because it contains nests of great blue herons. Additionally, several members of the public spoke in opposition about the removal of the tree, objected to the utilized CEQA exemption, and compliance with the Local Coastal Program (LCP). In response, staff cited memorandums provided by the City's consultant, Dudek, which affirmed that the property and the Blue Gum Eucalyptus tree are not considered ESHA. After considering all public comments and findings, both written and oral, the Planning Commission unanimously adopted Resolution No. PC2025-021 (Attachment 1) denying the appeal and upholding the Community Development Director's approval of minor changes to CDP No. PA2024-0140. As previously noted, the Planning Commission staff report is referenced as Attachment E, and the meeting minutes are included as Attachment J. Appeal to City Council On October 2, 2025, the Appellant filed an appeal of the Planning Commission's decision to the City Council. The complete appeal application to the City Council is included as Attachment K. Response to Appeal While the appeal focuses predominately on the removal of the Blue Gum Eucalyptus tree, the subject of the appeal should be whether the revised landscape plan constitutes a minor change to Coastal Development Permit (CDP) No. PA2024-0140. The decision to remove the tree was previously approved by Coastal Development Permit (CDP) No. PA2024-0140 and is pending review at the California Coastal Commission on a separate appeal. Notwithstanding, the following are summarized reasons for the appeal of the Staff Approval by the appellant, followed by a response from staff. Environmentally Sensitive Habitat Area — The appellant expresses concern that the revised changes violate protections for Environmentally Sensitive Habitat Areas (ESHAs) and the City's Local Coastal Program (LCP). Sections 21.30B.030 (Environmentally Sensitive Habitat Areas) of the NBMC defines an ESHA in which plant or animal life or their habitats are either rare or are especially valuable because of their special nature or role in an ecosystem that could easily be disturbed or degraded by human activities and developments. Additionally, Section 21.30B.030 (A)(1) discusses exceptions and states that ESHAs do not include existing developed areas. 18-5 Resolution No. 2025-70: Appeal of Planning Commission's Approval of Minor Changes to Coastal Development Permit No. PA2024-0140 located at 100 East Balboa Boulevard (PA2025-0130) October 28, 2025 Page 6 The appellant asserted that the Blue Gum Eucalyptus tree being removed and Library Park is considered an ESHA because it contains nests of great blue herons. The August 14, 2025, Dudek memorandum evaluated whether the Blue Gum Eucalyptus tree and the Property qualify as an ESHA (Attachment L) and concludes the following: • The memorandum affirms that the property and eucalyptus tree qualify for an ESHA exemption under Section 21.30B.030(A)(1) of NBMC due to the property's existing development. The Balboa Branch Library was constructed in 1929. A fire station was added to the existing library and has been operating as Fire Station No. 1 since 1962. The two public facility buildings total approximately to 7,930 square feet and are surrounded by residential, commercial and mixed -used development. • Notwithstanding the exemption, the memorandum analyzed the tree's potential as ESHA utilizing the criteria in Section 21.30B.030(C)(1) of NBMC and concludes that the tree is not an ESHA and further supports that its removal is not detrimental since it does not play a special role in an ecosystem given that it is located in a developed area as ornamental landscaping. The tree is also not a rare species and is non-native. Lastly, the property lacks natural communities, coastal streams, rare plants or wildlife, and connectivity to other natural areas given that it is surrounded by development. In accordance with the City's Natural Resources Element of the General Plan, undeveloped areas supporting natural habitats that may be capable of supporting sensitive biological resources within the City are also referred to as Environmental Study Areas (ESAs) by the Local Coastal Plan. Portions of ESAs within the Coastal Zone that contain sensitive or rare species are referred to as ESHAs. The property is also not identified as one of the 28 ESAs within the City under Figure NR2 (Environmentally Study Areas) of the General Plan's Natural Resources Element (Attachment M). Additionally, the property is not identified as a site with Biological Resources under General Plan Figure NR1 (Biological Resources) of the Natural Resources Element (Attachment N). Overall, the project complies with City's Local Coastal Program and is not affecting an ESHA. Environmental Harm to Great Blue Herons —The appellant claims that the removal of the Blue Gum Eucalyptus tree will cause environmental harm to great blue herons. As previously noted, the Dudek memorandum supports that the property and the tree would not be creating an environmental impact because they are not considered to be an ESHA. The memorandum also analyzes the protection status of nesting great blue herons. It states that great blue heron is protected under the Migratory Bird Treaty Act (MBTA) while nesting, but it is not federally listed as threatened or endangered under the Federal Endangered Species Act (FESA). Therefore, the great blue heron is not a federally protected species and is considered a secure species according to the California Department of Fish and Wildlife Natural Diversity Database. The memorandum also 18-6 Resolution No. 2025-70: Appeal of Planning Commission's Approval of Minor Changes to Coastal Development Permit No. PA2024-0140 located at 100 East Balboa Boulevard (PA2025-0130) October 28, 2025 Page 7 affirms that herons that nest on site are only protected while actively nesting and rookeries are not protected further. The Tree Evaluation Report, dated May 5, 2025, prepared by Dudek Consultants (Attachment C), also provided a biological and arboricultural analysis related to the revised landscape plan. The Western Sycamore tree species was recommended due to its ecological value, compatibility with Southern California's climate, and structural suitability for nesting birds, such as blue herons. The report also considered the availability of existing trees in the immediate area that can continue to support heron nesting activity during the reconstruction and replanting phase of the project. It indicated that mature eucalyptus trees located at the intersection of Island Avenue and West Bay Avenue, as well as a Hoop Pine tree in the median southeast of the library, exhibited the size, height, and structural characteristics to support heron nesting activity. The report concludes that the eucalyptus and hoop pine trees will mitigate the removal of the existing trees for the project and help minimize disruption to the nesting cycle during construction, while the newly planted trees mature and develop sufficient canopy coverage to support long-term habitat needs. Additionally, the report concluded that these trees are likely to serve as suitable interim nesting habitat for the local heron population due to their relative proximity to the original nesting site and their mature stature. Furthermore, the project will not affect compliance with the Migratory Bird Treaty Act (MBTA), which is intended to ensure the sustainability of populations of all migratory bird species. As required by Condition of Approval No. 3 and 4 of the CDP, the applicant is required to conduct a pre -construction nesting survey prior to the demolition of the structures. The survey allows the applicant to identify areas with active nests and to create buffers to protect the nests from disturbance during construction. The future removal of the Blue Gum Eucalyptus tree and any remaining nests would be conducted outside of the nesting season (February through August) and after a biologist determines there is no active nesting. Overall, the project would not be causing environmental harm to the Great Blue Heron. CEQA Clearance — The appellant expresses concern for the Staff Approval utilizing the Class 2 CEQA exemption. The project is exempt from the California Environmental Quality Act (CEQA) under Section 15302 under Class 2 (Replacement or Reconstruction) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3. The Environmental Review section on Page 8 of this staff report provides a detailed analysis of the CEQA exemption, including staff's clarification of the Class 2 CEQA exemption related to the originally approved CDP. The proposed changes requested by the City primarily affect landscaping and would not affect this CEQA exemption applied to the CDP. Compliance with the Recreation and Natural Resource Element — The appellant claims that the removal of the tree is not aligned with the intent of the recent draft Recreation and Natural Resources Element, dated June 27, 2025. Specifically, the use 18-7 Resolution No. 2025-70: Appeal of Planning Commission's Approval of Minor Changes to Coastal Development Permit No. PA2024-0140 located at 100 East Balboa Boulevard (PA2025-0130) October 28, 2025 Page 8 of reasonable efforts to evaluate tree canopy in parks and the public right-of-way and conversation, protection, development, and use of natural resources. While the drafted Recreation and Natural Resources Element seek to evaluate tree canopy cover in parks and public right-of-ways, consider shade, and prioritize active transportation corridors, it does not prohibit tree removal. As previously discussed, the Blue Gum Eucalyptus tree is diseased and decaying. Its future removal would not affect natural resources because it is not considered an ESHA, nor is it identified as one of the 28 ESAs within the City under the General Plan's Natural Resources Element. The property is also not identified as a site with biological resources under the Natural Resources Element. Claim of a Historic Underground Spring — The appellant claims the property carries an underground spring. The appellant asserted that the Blue Gum Eucalyptus tree is absorbing the water and controlling the size of an underground spring below the property. The appellant's claim of an underground spring is not supported with supplemental evidence. Furthermore, upon review of the City's municipal sources and the City's Senior Engineer Geologist, there is no evidence to suggest that the property historically carries an underground spring. The property is located on the Balboa Peninsula, a relatively flat surface that generally lacks the necessary elevation to facilitate the emergence of underground spring water. The property's soils report also indicated that groundwater was encountered at a depth of 6 feet below existing ground surface and that the PH level of the soils is corrosive, indicating seawater exposure. FISCAL IMPACT: There is no fiscal impact related to this item. ENVIRONMENTAL REVIEW: Staff recommend the City Council find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 under Class 2 (Replacement or Reconstruction) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. Per the approved CDP, the overall project is exempt from the California Environmental Quality Act (CEQA) under Section 15302 under Class 2 (Replacement or Reconstruction) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. The Class 2 exemption applies to the replacement or reconstruction of existing structures where the new structure will be located on the same site as the structure being replaced and substantially have the same purpose and capacity. In this case, the originally approved CDP identifies the demolition and reconstruction of the fire station and library, including the removal of two diseased Special Landmark trees. The project is substantially 18-8 Resolution No. 2025-70: Appeal of Planning Commission's Approval of Minor Changes to Coastal Development Permit No. PA2024-0140 located at 100 East Balboa Boulevard (PA2025-0130) October 28, 2025 Page 9 conforming to the scope of the approved CDP, which is the replacement or reconstruction of an existing library and fire station with a new library and fire station on the same project site. Therefore, the intent of Class 2 is still being met and the Project's minor changes to landscaping and parking will not affect the Class 2 exemption. The exceptions to these categorical exemptions under Section 15300.2 are not applicable. The project's landscape changes do not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. NOTICING: Notice of this hearing was published in the Daily Pilot, mailed to all owners and residential occupants of property within 300 feet of the boundaries of the site (excluding intervening rights -of -way and waterways) including the applicant, and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. Furthermore, the agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Resolution No. 2025-70 Attachment B — City Council Staff Report from September 24, 2024 (No Attachments) Attachment C — Dudek Memorandum from May 5, 2025 Attachment D — Community Development Director Action Letter from July 3, 2025 (No Attachments) Attachment E — Planning Commission Staff Report from September 18, 2025 (No Attachments) Attachment F — Original Approved CDP Landscape Plan Attachment G — Revised CDP Landscape Plan Attachment H — Appellant's Appeal Application to Planning Commission Attachment I — Resolution No. PC2025-021 Attachment J — Planning Commission Meeting Minutes from September 18, 2025 Attachment K — Appellant's Appeal Application to City Council Attachment L — Dudek Memorandum from August 14, 2025 Attachment M — Figure NR2 Environmentally Study Areas Attachment N — Figure NR1 Biological Resources 18-9 Attachment A Resolution No.2025-70 18-10 RESOLUTION NO. 2025-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF MINOR CHANGES TO COASTAL DEVELOPMENT PERMIT NO. PA2024-0140 FOR THE PROPERTY LOCATED AT 100 EAST BALBOA BOULEVARD (PA2025-0130) WHEREAS, Section 200 of the City Charter, of the City of Newport Beach ("City"), vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the City Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges or procedures granted or prescribed by any law of the State of California; WHEREAS, the underlying project involves an application filed by the City's Public Works Division ("Applicant"), with respect to the Property located at 100 East Balboa Boulevard and legally described as Block 2 of the East Newport Tract ("Property"); WHEREAS, the Property is comprised of the Balboa Branch Library which was constructed in 1929 and is approximately 4,500 square feet in area, including a 360- square-foot City museum along with Fire Station No. 1, which was constructed in 1962 and is approximately 3,400 square feet in area; WHEREAS, the Applicant proposes the redevelopment of the Balboa Branch Library and Fire Station No. 1 along with a 3,675-square-foot green space and 1,500- square-foot playground area ("Project"); WHEREAS, the Property is designated as Public Facilities (PF) by the General Plan Land Use Element, which is intended to provide public facilities, including public schools, cultural institutions, government facilities, libraries, community centers, public hospitals, and public utilities; WHEREAS, the Property is in the Public Facilities (PF) Zoning District, which is intended to provide public facilities, including public schools, cultural institutions, government facilities, libraries, community centers, public hospitals, and public utilities; WHEREAS, the Property is designated as Public Facilities (PF) by the Coastal Land Use Plan and Coastal Zoning District, which is intended to provide public facilities, including cultural institutions, government facilities, libraries, community centers, public utilities, and public schools; 18-11 Resolution No. 2025- Page 2 of 5 WHEREAS, a coastal development permit ("CDP") is required for completion of the Project; WHEREAS, the Property contains various trees and landscaping including a Blue Gum Eucalyptus tree and Canary Island Date Palm tree that are designated as City landmark trees ("Trees") under City Council Policy G-1 (Retention, Removal, and Maintenance of City Trees) ("Council Policy G-1 "); WHEREAS, a tree assessment completed in 2021 supported removal of the Trees due to incurable disease which has led to internal rot pursuant to City Council Policy G-1; WHEREAS, the Parks, Beaches, and Recreation Commission ("PB&R") conditionally approved the removal of the Trees on March 5, 2024; WHEREAS, the Friends of Library Park ("FLP"), an association comprised of Newport Beach residents represented by Christopher L. Pitet ("Appellant"), filed an appeal of PB&R's decision to the City Council on June 14, 2024; WHEREAS, a public hearing was held by the City Council, in the City Council Chambers located at 100 Civic Center Drive, Newport Beach, California on September 24, 2024. A notice of time, place, and purpose of the hearing was given in accordance with California Government Code 54950 et seq. ("Ralph M. Brown Act"), Chapters 20. 62 and 21. 62 (Public Hearings) of the Newport Beach Municipal Code ("NBMC"). Evidence, both written and oral, was presented to, and considered by the City Council at this public hearing; WHEREAS, at the public hearing, the City Council considered the appeal of PB&R's decision as well as the CDP application for the Project; WHEREAS, at the conclusion of the hearing, the City Council unanimously adopted Resolution Nos. 2024-71 and 2024-72 upholding PB&R's approval of the removal of the Trees and approved CDP No. PA2024-0140 for the Project; WHEREAS, the Appellant filed an appeal of the CDP with the California Coastal Commission ("CCC") on October 24, 2024, citing concerns about the removal of the diseased Blue Gum Eucalyptus tree and the potential displacement of nesting Great Blue Herons; 18-12 Resolution No. 2025- Page 3 of 5 WHEREAS, City staff worked with CCC staff on appropriate revisions to the approved CDP Landscape Plan for the Project to incorporate tree species that better support nesting birds including Western Sycamore trees along Island Avenue and East Bay Avenue and a Sweetshade tree and Australian Willow tree within the planting areas of the parking lot along East Bay Avenue; WHEREAS, the modifications to the CDP Landscape Plan alter the parking layout and result in the loss of one surplus parking space, requiring minor changes to CDP No. PA2024-0140; WHEREAS, Section 21.54.070(B) (Changes to an Approved Coastal Development Permit) of the NBMC authorizes the Community Development Director to approve minor changes to the CDP without a public hearing; WHEREAS, the Community Development Director approved Staff Approval No. PA2025-0130 on July 3, 2025, for the proposed landscape and parking layout changes to CDP No. PA2024-0140 to address issues raised in the appeal of the CDP; WHEREAS, the Appellant filed an appeal of the Community Development Director's decision on July 18, 2025, alleging the modifications were not exempt under California Environmental Quality Act ("CEQA"), citing concerns that the replacement trees are insufficient for nesting birds, and alleging risks to Environmentally Sensitive Habitat Areas ("ESHAs"); WHEREAS, a public hearing was held by the Planning Commission in the City Council Chambers located at 100 Civic Center Drive, Newport Beach, California on September 18, 2025. A notice of time, place, and purpose of the hearing was given in accordance with the Ralph M. Brown Act, and Chapters 20. 62 and 21. 62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by the Planning Commission at this public hearing; WHEREAS, at the conclusion of the hearing, the Planning Commission unanimously adopted Resolution No. PC2025-021, denying the appeal and upholding the Community Development Director's approval of landscaping and parking layout changes to CDP No. PA2024-0140 for the redevelopment of Fire Station No.1 and Balboa Branch Library; 18-13 Resolution No. 2025- Page 4 of 5 WHEREAS, the Appellant filed an appeal of the Planning Commission's approval of the landscaping and parking layout changes, alleging that 1) the replacement trees are insufficient for nesting birds; 2) the landscaping and parking layout changes conflict with the intent of the Natural Resources Element of the General Plan; 3) the Project violates protections of ESHAs; and 4) the Property carries a historic underground spring beneath the Blue Gum Eucalyptus Tree and therefore requires an Environmental Impact Report ("ElR"); and WHEREAS, a public hearing was held by the City Council on October 28, 2025, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place, and purpose of the hearing was given in accordance with the Ralph M. Brown Act, Chapters 20. 62 and 21. 62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by the City Council at this public hearing. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council does hereby uphold the Planning Commission's decision authorizing the approval of landscape and parking layout changes to the CDP, under Staff Approval No. PA2025-0130, based upon the findings set forth in Exhibit "A," and subject to the conditions of approval set forth in Exhibit "B," both of which are attached hereto and incorporated herein by reference. Section 2: The City Council finds the adoption of this resolution is exempt from environmental review under CEQA pursuant to Section 154302 (Class 2 — Replacement or Reconstruction) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3. The Class 2 exemption applies to the replacement or reconstruction of existing structures where the new structure will be located on the same site as the structure being replaced and substantially have the same purpose and capacity. In this case, the originally approved CDP identified the demolition and reconstruction of the fire station and library. The Project is substantially conforming to the scope of the approved CDP, which is the replacement or reconstruction of the existing Balboa Branch Library and Fire Station No. 1 with a new library and fire station on the same project site. Therefore, the intent of Class 2 is met and the Project's minor changes to landscaping and parking will not affect the Class 2 exemption. The exceptions to this categorical exemption under Section 15300.2 are not applicable. The Project does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect 18-14 Resolution No. 2025- Page 5 of 5 on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. Section 3: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 4: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each solution, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more section, subsections, sentence, clause or phrases be declared invalid or unconstitutional. Section 5: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 28th day of October 2025. Joe Stapleton Mayor ATTEST: Lena Shumway City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE X ,,, C. w-- Aaron C. Harp City Attorney Attachments: Exhibit A - Findings for Approval of Minor Changes to CDP No. PA2024-0140 Exhibit B - Conditions of Approval 18-15 EXHIBIT "A" FINDINGS FOR APPROVAL OF MINOR CHANGES TO CDP NO. PA2024-0140 In accordance with Section 21.54.070 (Changes to an Approved Coastal Development Permit) of the NBMC, the following findings and facts in support of such findings as set forth: Finding of Consistency with Section 21.54.070(B)(1): The changes are consistent with all applicable provisions of this Implementation Plan. Facts in Support of Finding with 21.54.070(B)(1): 1. The Property is located in the Public Facilities (PF) General Plan Land Use Plan Category, Coastal Land Use Plan Category, Zoning District, and Coastal Zoning District. These designations are intended to provide public facilities, including public schools, cultural institutions, government facilities, libraries, community centers, public hospitals, and public utilities. The Property is currently developed with a fire station and library and will be reconstructed to operate in the same manner. The Project's minor changes related to landscaping and parking do not alter the Property's land use and remain consistent with the intent of the Public Facilities (PF) designations. 2. As conditionally approved in the CDP, the landscape plan is required to comply with Section 21.30.075 (Landscaping) of the NBMC. The Project revisions replace certain tree species for the purpose of supporting nesting birds, which will continue to comply with Section 21.30.075 (Landscaping) of the NBMC and do not include any invasive species. Although the revised landscape plan will alter the Property's parking layout and result in the loss of one surplus parking space, the Property will continue to provide sufficient on -site parking. 3. Tree Evaluation Report, dated May 5, 2025, was prepared by Dudek Consultants to assist the City in preparation of a revised landscape plan. The report, which was prepared by a biologist and urban forester, recommended the use of the Western Sycamore tree species due to its ecological value, compatibility with the Southern California climate, and structural suitability for nesting birds, such as Blue Herons. The report noted that mature eucalyptus trees located directly across from the Property at the intersection of Island Avenue and West Bay Avenue, provide the size, height, and structural characteristics, which are well -suited locations for heron nesting during the reconstruction and replanting phase of the Project. An existing hoop pine tree, which is located in the median southeast of the library, also 18-16 provides viable nesting options. The report notes that these trees should help minimize disruption to the nesting cycle during the Project's reconstruction while the newly planted trees mature and develop sufficient canopy coverage to support long-term habitat needs. The Project utilizes the recommendations of the report and has provided an updated landscape plan that better serves nesting birds. 4. As conditionally approved in the CDP, the demolition and reconstruction of Fire Station No.1 and Balboa Branch Library are subject to comply with the Migratory Bird Treaty Act ("MBTA"), which is intended to ensure the sustainability of populations of all migratory bird species. Additionally, the Applicant is required to conduct a pre -construction nesting survey prior to the demolition of the structures. The survey allows the Applicant to identify areas with active nests and to create buffers to protect the nests from disturbance during construction. The Project, which provides an updated landscaping plan and parking layout, will not affect compliance with these conditions of approval. Finding of Consistency with Section 21.54.070.(B)(2): The changes do not involve a feature of the project that was a basis for or subject of findings or exemptions in a negative declaration or Environmental Impact Report for the project. Facts in Support of Finding with 21.54.070(B)(2): 1. The Project primarily affects landscaping which is intended to provide additional support to bird nesting habitats. No alterations to the CDP's approved floor area, height, or use are being requested. While the Project will result in the loss of one parking space, the Property will continue to provide sufficient on -site parking. The Project is substantially conforming to the scope of the approved CDP, which is the replacement or reconstruction of an existing library and fire station with a new library and fire station on the same site. Therefore, the requested changes will not affect the Class 2 (Replacement or Reconstruction) exemption under the CEQA Guidelines. 2. The findings set forth in Section 2 (California Environmental Quality Act Determination) in Resolution 2025-_ are hereby incorporated by reference. 18-17 Finding of Consistency with Section 21.54.070.(B)(3): The changes do not involve a feature of the project that was specifically addressed or was the subject of a condition(s) of approval for the project or that was a specific consideration by the applicable review authority in the project approval. Facts in Support of Finding 21.54.070.(B)(3): 1. The Project's proposed parking layout, which removes one surplus parking space, does not involve a feature that was specifically conditioned or addressed by the approved CDP. 2. While the Project proposes replacement tree species to provide added support to nesting birds, the revised landscape plan will continue to be consistent with Title 21 landscape standards. Therefore, the Project complies with Condition of Approval No. 14 of the approved CDP, which requires the Applicant to submit a final landscape and irrigation plan prior to the issuance of a building permit. Finding of Consistency with Section 21.54.070.(B)(4): The changes do not result in an expansion or change in operational characteristics of the use. Fact in Support of Finding 21.54.070.(B)(4): 1. The approved CDP authorized the demolition of the Balboa Branch Library and Fire Station No. 1, along with the removal of two diseased trees, to allow for the construction of a new City fire station and library. The Project's revisions do not change the approved use, height, or floor area of the CDP. While the Project's changes will result in the loss of one surplus parking space, the Property will continue to provide sufficient on -site parking. Finding of Consistency with Section 21.54.070.(B)(5): Do not alter the facts in support of the findings required by Section 21.52.015(F) and any other application section of this Implementation Plan. 18-18 Facts in Support of Finding 21.54.070.(B)(5): 1. The Project's revisions will not alter the original facts in support of the findings that were made to support the CDP's approval given that the changes are primarily affecting landscaping and parking. 2. On August 14, 2025, a memorandum was prepared by Dudek Consultants which discussed the protection status of nesting Great Blue Herons. Section 21.30B.030 (Environmentally Sensitive Habitat Areas) ("ESHA") of the NBMC, defines ESHA as any area in which plant or animal life, or their habitats are either rare or are especially valuable because of their special nature or role in an ecosystem that could easily be disturbed or degraded by human activities and developments. The memorandum clarifies that while Great Blue Herons are provided protection under the MBTA, particularly while nesting, it is not federally listed as threatened or endangered under the Federal Endangered Species Act (FESA). Therefore, the Great Blue Heron is not a federally protected species and is considered a secure species, in California as well as globally, according to the California Department of Fish and Wildlife Natural Diversity Database. The memorandum also states that Great Blue Herons that nest on site are only protected while actively nesting and rookeries are not protected further. 3. The August 14, 2025, Dudek Consultants memorandum also evaluated whether the Blue Gum Eucalyptus tree qualifies as an ESHA. The memorandum states that the tree is not an ESHA and supports that its removal is not detrimental since it does not play a special role in an ecosystem given that it is located in a developed area as ornamental landscaping. The tree is also not a rare species and is non- native. 4. Additionally, Section 21.30B.030 (A)(1) (Environmentally Sensitive Habitat Areas — Exceptions) includes exceptions and states that ESHAs do not include existing developed areas. The Balboa Branch Library was constructed in 1929. A fire station was added to the existing library and has been operating as Fire Station No. 1 since 1962. The two buildings total approximately 7,930 square feet and are surrounded by residential, commercial, and mixed -used development. The August 14, 2025 Dudek memorandum affirms that the Property and eucalyptus tree qualify as exceptions under Section 21.30B.030(A)(1) of NBMC due to the Property's status as existing development. The memorandum also states that the Property lacks natural communities, coastal streams, rare plants or wildlife, and connectivity to other natural areas given that it is surrounded by development. 18-19 5. The Property is also not identified as one of the twenty-eight Environmental Study Areas within the City under Figure NR2 (Environmentally Study Areas) of the General Plan's Natural Resources Element. Additionally, the Property is not identified as a site with Biological Resources under General Plan Figure NR1 (Biological Resources) of the Natural Resources Element. 6. While existing trees on the Property will be removed, the Project provides proper mitigation by proposing a tree species that supports heron nesting. The future removal of the eucalyptus tree and any remaining nests would be conducted outside of the nesting season (February through August) and after there is no active nesting, as determined by a biologist. Overall, the Project's revised changes continue to comply with the MBTA. 7. The Appellant's claim of an underground spring was not supported with supplemental evidence. Furthermore, upon review of the City's municipal sources and the City's senior engineer geologist, there is no evidence to suggest that the Property historically carries an underground spring. The Property is located on the Balboa Peninsula which is a relatively flat surface. The City's geotechnical borings encountered groundwater six feet below the existing ground surface. 18-20 EXHIBIT "B" CONDITIONS OF APPROVAL (Project -specific conditions are in italics) All previous conditions of approval for Coastal Development Permit No. PA2024- 0140 shall remain in full force and effect. 2. The development authorized by the Staff Approval filed as PA2025-0130 shall be in substantial conformance with the revised landscape plan. 18-21 Attachment B City Council Staff Report from September 24, 2024 (No Attachments) 18-22 Q SEW Pp�r CITY OF z NEWPORT BEACH �q<,FoRN'P City Council Staff Report September 24, 2024 Agenda Item No. 16 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov Seimone Jurjis, Assistant City Manager/Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov PREPARED BY: Tom Sandefur, Assistant City Engineer- 949-644-3321, tsandefur(a)_newportbeachca.gov Laura Rodriguez, Planning Technician — 949-644-3216, Irodriguez@newportbeachca.gov TITLE: Resolution No. 2024-71: Denying an Appeal and Upholding the Decision of the Parks, Beaches and Recreation Commission's Decision to Remove a Special City Landmark Blue Gum Eucalyptus Tree at the Balboa Branch Library and Fire Station; and Resolution No. 2024-72: Approving Coastal Development Permit and Zoning Exemption (PA2024-0140) to Allow the Demolition of the Existing Fire Station No. 1 and Balboa Branch Library, and Construct a New Two-story Fire Station No. 1 with an Attached City Library ABSTRACT: On March 5, 2024, the Parks, Beaches and Recreation Commission (PB&R) approved the removal of the Special City Landmark Blue Gum Eucalyptus and Canary Island Date Palm trees located on the property of the Balboa Branch Library. The decision to remove the Special City Landmark Blue Gum Eucalyptus Tree has been appealed to the City Council. Should the decision from the PB&R Commission be upheld, staff recommends City Council approval of a coastal development permit (CDP) and zoning exemption pursuant to Section 20.10.040(A) of the Newport Beach Municipal Code (NBMC) to allow the demolition of the existing, and construction of a new, Fire Station No. 1 and Balboa Branch Library. RECOMMENDATIONS: a) Conduct a public hearing; b) Find this project and removal of the tree exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15301 (Class 1 — Existing Facilities), Section 15302 (Class 2 — Replacement of Reconstruction), and 15303 (Class 3 — New Construction -r Conversion of Small Structures) of the CEQA Guidelines, California Code of Regula'trns, Title 14, Division 6, Chapter 3; 18-22 16-1 PB&R Appeal Regarding the Removal of a Special Landmark Eucalyptus Tree; and Demotion and Construction of Fire Station No. 1 and the Balboa Branch Library September 24, 2024 Page 2 c) Adopt Resolution No. 2024-71, A Resolution of the City Council of the City of Newport Beach California, Denying the Applicant's Appeal of the Parks, Beaches, and Recreation Commission's Decision to Approve the Removal of a Special City Landmark Blue Gum Eucalyptus Tree at the Balboa Branch Library and Fire Station No. 1; d) Find this project exempt from the provisions of Title 20 (Planning and Zoning) pursuant to Section 20.10.040(A) (Applicability of Zoning Code) of the Newport Beach Municipal Code ("NBMC"); and e) Adopt Resolution No. 2024-72, A Resolution of the City Council of the City of Newport Beach, California, Approving Coastal Development Permit and Zoning Exemption to Demolish an Existing City Fire Station and Library and Construct a New 5,400 Two -Story City Fire Station and an Attached 3,700 One -Story Library Location at 100 East Balboa Blvd. (PA2024-0140). INTRODUCTION: Project Setting and Background The City of Newport Beach's Balboa Branch Library and Fire Station No. 1 facility is located on the Balboa Peninsula, at 100 and 110 East Balboa Blvd. The original 566-square-foot branch library was constructed in 1929 at the northeast corner of Balboa Boulevard and Island Avenue. The building was eventually expanded to 4,500 square feet by 1962. Today, the building includes the 4,140-square-foot branch library and an approximately 360 square foot Newport Beach Historical Society Museum. A 3,423-square-foot fire station was added to the library building and has been operating as Fire Station No. 1 since 1962 (Figure 1, below). Figure 1: Existing Fire Station No.1 and Balboa Branch Library (as viewed from East Balboa Boulevard) A 2021 assessment of the facilities' condition found both were rated as being in poor condition due to environmental and age -related deterioration. As part of the City of Newport Beach's Facility Financing Plan (FFP), the Balboa Branch Library and Fire Station No. 1 facility is scheduled to be reconstructed in 2025. To support this effort, in January 2023, the City Council awarded a design o ct to COAR Design Group (COAR) to prepare concepts, permittjrjg: l,cor� tr l bn lans for a replacement facility. 18-23 16-2 PB&R Appeal Regarding the Removal of a Special Landmark Eucalyptus Tree; and Demotion and Construction of Fire Station No. 1 and the Balboa Branch Library September 24, 2024 Page 3 COAR worked with City staff and developed several alternative project site designs. On January 16, 2024, the design team presented the proposed design concept layouts and themes to the Board of Library Trustees and the public at a regularly scheduled meeting. The public comments received at the meeting mostly concerned the disposition of the remaining eucalyptus tree. After review and discussion, the Board of Library Trustees voted in support of a building layout located along Balboa Boulevard and the "Beach Cottage Style" exterior theme. The alternative project site designs were presented to the PB&R Commission at a public meeting on March 5, 2024, along with the request to remove two Special City Landmark Trees — a Canary Island Date Palm tree and a Blue Gum Eucalyptus tree. PB&R approved the removal of the trees with certain conditions, including a pre -removal nest survey for the Blue Gum Eucalyptus, and scheduling the removal for September 2025 at the earliest. Project Description On May 14, 2024, staff presented the site design concepts at a publicly noticed City Council meeting. Council considered the prepared alternatives, heard from the public, and chose a facility layout option with the fire station fronting Balboa Boulevard and not including a Public Works garage on the site. Public testimony included extensive discussion regarding the proposed removal of the Blue Gum Eucalyptus tree. After Council approved the preferred project design concept, which aligned with the PB&R Commission recommendation that called for the removal of both the Special City Landmark Blue Gum Eucalyptus and Canary Island Date Palm located on the project site, staff posted both special trees on May 17, 2024, pursuant to City Council Policy G-1 advising of the decision and approval of their removal. The proposed project includes the following: 1. The demolition of the existing Balboa Branch Library and Fire Station No. 1 buildings and clearing the existing site including the removal of two diseased special city trees located within the property as detailed below; and 2. The construction of a new City fire station and library of approximately 10,900 square feet. The proposed structure is approximately 33 feet 6 inches tall with a sloped roof. The facility includes a proposed installation of a 3,675-square-foot green space and 1,500 square foot playground area (Figure 2, below). 8-24 16-3 [Am PB&R Appeal Regarding the Removal of a Special Landmark Eucalyptus Tree; and Demotion and Construction of Fire Station No. 1 and the Balboa Branch Library September 24, 2024 Page 4 Figure 2: Renderings of Proposed Fire Station No.1 and Balboa Branch Library from East Balboa Boulevard (above) and the proposed parking lot (below) DISCUSSION: Tree Removal Appeal City Council Policy G-1 (Retention, Removal, and Maintenance of City Trees) (Council Policy G-1) provides standards for the retention, removal, maintenance, reforestation, tree trimming standards, and supplemental trimming of City trees. The policy sets forth three classifications of trees including standard trees, problem trees, and special trees with special trees further subclassified as landmark trees, dedicated trees, and/or neighborhood. Section I (Special City Trees) of Council Policy G-1 permits the removal of special trees if removal is related to the death, disease, interference with infrastructure, or the creation of a hazardous condition. Additionally, a special tree that is considered a landmark tree requires a tree inspection report and Level 3 testing: advanced techniques to determine whether specific mitigation measures are feasible or whether it is practical to retain the tree. A tree removal request must not adversely affect the overall inventory, diversity and age of the City's urban forest. In December 2022, Dudek Inc. conducted a tree risk assessment and sonic tomographic study for three eucalyptus trees located at the property. The study showed evidence of disease. At that time, a sonic tomographic analysis was conducted and found that due to the level of decay within the tree trunk of one of the trees, removal was necessary. Dudek conducted a second tree risk assessment and sonic tomography study in August 2023. Based on the assessment, two eucalyptus trees were removed due to their increased level of observed decay and risk of failure. The Blue Gum Eucalyptus tree that is the subject of the appeal had detectable decay of 2% in December 2022, which rose to 7% in August 2023. Based on this rate of decay, the tree is on a path to reach a 30% level of decay, where there is a high risk of whole tree failure, within the next five years. Additionally, if the project were to move forward, impacts from demolition of the existing facilities and construction of the new library and fire station would further hasten the rate of decay and degrade the overall condition of the u`'th� lace. tree in e root system, should construction be undertaken with tree through amaze tote trees extensive ..,.r p Nevvpug-t 18-25 16-4 PB&R Appeal Regarding the Removal of a Special Landmark Eucalyptus Tree; and Demotion and Construction of Fire Station No. 1 and the Balboa Branch Library September 24, 2024 Page 5 The PB&R Commission held a public meeting on March 5, 2024, to review the preferred concept design of the library and fire station as well as City staff's recommendation to remove the tree. Members of the public in attendance shared concerns regarding the impact that removal of the tree would have on blue herons as approximately 10 mating pairs were observed at the site. According to the City's biologist, evidence was provided that blue herons are opportunistic and would find another local habitat if the current site was unavailable. City staff observed, and presented to the PB&R Commission, that there are numerous nesting site opportunities in nearby areas around the harbor. As to concerns regarding tree loss, the evidence presented demonstrates that the removal of the tree does not impact the City's inventory of trees as that has continually increased over the past two decades. For example, in 2005, there were 3,889 public trees in Newport Beach and as of this year, there are 4,573 public trees. There are many more privately owned trees that are not accounted for in this figure. After considering the evidence, including the tomographic analysis, the planning of a new public library and fire station on the site, as well as public comments opposing the tree removal request, the PB&R Commission ultimately recommended approval of the preferred concept design and the removal of the remaining Landmark Blue Gum Eucalyptus tree. The decision was conditioned upon the removal of the tree not taking place until September 2025 following nesting season and, as a further precaution, confirmation that no nests are in place. Subsequently, the City Council approved the new Balboa Branch Public Library and Fire Station Conceptual Design at its May 14, 2024, meeting. After Council approved the preferred project design concept, which aligned with the PB&R recommendation that called for the removal of both the Special City Landmark Blue Gum Eucalyptus and the Canary Island Date Palm located on the project site, staff posted both special trees on May 17, 2024, pursuant to City Council Policy G-1, advising of the decision and approval of the trees' removal. On June 14, 2024, the City received an appeal of the PB&R Commission's decision to approve the removal of the Blue Gum Eucalyptus tree (the Landmark Tree) from Christopher L. Pitet of Adkisson Pitet LLP on behalf of the Friends of Library Park. The appeal outlined several objections to the PB&R Commission's approval as the basis for reconsideration of the decision. Those objections and staff responses are outlined below: Objection 1: The decision fails to comply with City Council Policy G-1, which mandates the retention of Special City Trees and the procedures for the removal of such trees. of Ntavvpoft Bea 18-26 16-5 PB&R Appeal Regarding the Removal of a Special Landmark Eucalyptus Tree; and Demotion and Construction of Fire Station No. 1 and the Balboa Branch Library September 24, 2024 Page 6 Staff Response 1: The PB&R Commission's decision complied with City Council Policy G-1. Section I (Special City Trees) of Council Policy G-1 permits the removal of special trees if removal is related to the death, disease, interference with infrastructure, or the creation of a hazardous condition. Additionally, a special tree that is considered a landmark tree requires a Tree Inspection Report (TIR) and Level 3 testing: advanced techniques to determine whether specific mitigation measures are feasible or whether it is practical to retain the tree. A tree removal request must not adversely affect the overall inventory, diversity and age of the City's urban forest. 1. City staff prepared and presented a TIR for the tree, dated February 6, 2024, to the PB&R Commission at its March 5, 2024, meeting (pages 41-44 of the agenda packet). 2. A Level 3 Risk Assessment was performed on the tree on December 1, 2022, and again on August 29, 2023, and presented at the February 7, 2023, PB&R Commission meeting (pages 41-68 of the agenda packet) and November 7, 2023, PB&R Commission meeting (pages 24-49 of the agenda packet). 3. According to the report, the remaining Blue Gum Eucalyptus tree had detectable decay of 2% in December 2022, which rose to 7% in August 2023. Based on this rate of decay, this remaining tree is on a path to reach a 30% level of decay level where there is a high risk of whole tree failure within five years. 4. Additionally, impacts from the demolition of the existing facilities and construction of a new library and fire station at the present site would further hasten the rate of decay and degrade the overall condition of the tree through damage to the tree's extensive root system, should construction be undertaken with the tree in place. 5. The tree interferes with the project in that construction will further degrade the tree, even taking into account best management practices. 6. The removal of the tree does not impact the City's inventory of trees. In 2005, there were 3,889 public trees and, in 2024, that count increased to 4,573 trees. The tree inventory does not take into account the many more trees on private property. Objection 2: The decision fails to comply with the California Environmental Quality Act (CEQA). Staff Response 2: The PB&R Commission's decision complies with CEQA because removal of the tree is categorically exempt from CEQA pursuant to Sections 15301 (Class 1 — Existing Facilities), Section 15302 (Class 2 — Replacement of Reconstruction), and 15303 (Class 3 — New Construction or Conversion of Small Structures) of the CEQA Guidelines. a r^ • tit\l 4 N���, 18-27 16-6 PB&R Appeal Regarding the Removal of a Special Landmark Eucalyptus Tree; and Demotion and Construction of Fire Station No. 1 and the Balboa Branch Library September 24, 2024 Page 7 The Class 1 exemption applies to additions to existing structures provided that the addition will not result in an increase of more than 10,000 square feet if the project is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan and the area in which the project is located is not environmentally sensitive; Class 2 exempts replacement or reconstruction of existing structures where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced; and Class 3 exempts the construction and location of limited numbers of new, small facilities or structures including but not limited to structures not exceeding 10,000 square feet in floor area in urbanized areas on sites zoned for such use. In this case, the project, including removal of the tree, consists of the demolition of the existing 4,140-square-foot branch library, 360-square-foot Newport Beach Historical Society Museum and 3,423-square-foot fire station and replacement with construction of a new Fire Station No. 1 and Balboa Branch Library of approximately 10,900 square feet. The project as proposed results in a net public area increase of approximately 3,000 square feet, does not require any change in the zoning designation, and is located in an urbanized area with adequate public services to serve the area. Based on the foregoing, the project, including removal of the tree, is categorically exempt under the Class 1, Class 2 and Class 3 exemption. The exceptions to these categorical exemptions under Section 15300.2 are not applicable. The project, including removal of the tree, does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. As detailed above, the City's arborist consultant determined that the tree to be removed is diseased. Concerns were also raised regarding impacts that removal of the tree would have on blue herons nesting. According to the evidence provided at the hearing, blue herons are opportunistic and would find other local habitat if the current site was unavailable. City staff observed and presented to the PB&R Commission that there are numerous nesting site opportunities around the harbor. Based on the public's concerns regarding nesting by blue herons, the PB&R Commission approved the removal of the diseased tree, subject to delaying removal of the tree until September 2025, following nesting season. And, as a further precaution, the commission conditioned removal of the tree on the City confirming no nests are in place prior to removal. Therefore, the exception to this categorical exception does not apply. Objection 3: The PB&R Commission has not publicly disclosed reports concerning the Landmark Tree (e.g., the October 2023 Dudek Inc. report) detailing the current health and condition of the Landmark Tree. of Ntavvpoft Bed 18-28 16-7 PB&R Appeal Regarding the Removal of a Special Landmark Eucalyptus Tree; and Demotion and Construction of Fire Station No. 1 and the Balboa Branch Library September 24, 2024 Page 8 Staff Response 3: Dudek's reports were made available to the public through PB&R Commission agenda materials. Specifically, Dudek's December 5, 2022, report was presented to the public at the February 7, 2023, PB&R Commission meeting (pages 41-68 of the agenda packet) and the October 11, 2023, report was presented to the public at the November 7, 2023, PB&R Commission meeting (pages 24-49 of the agenda packet). Objection 4: The PB&R Commission has not obtained a current arborist report addressing the present condition of the Landmark Tree (i.e., after October 2023). Staff Response 4: Per Dudek's October 11, 2023, report, the defined timeframe for the risk assessment is 12 months. Thus, per International Society of Arboriculture Tree Risk Assessment Qualification standards, the report is deemed current. Objection 5: The PB&R Commission has not demonstrated that the Landmark Tree is sick, dying or otherwise presents safety concerns as required by City Council Policy G-1. Staff Response 5: The PB&R Commission was presented findings on November 7, 2023, which demonstrated by Level 3 testing that the detectable internal decay increased from 2% to 7% over a 10-month period. This is an untreatable decay and based on rates experienced in the neighboring Blue Gum trees (previously removed), will likely continue to progress to a point of high risk within five years. Also, a significant amount of the proposed project lies within the dripline of the tree and its root system would be negatively impacted by the necessary building demolition and grading using heavy equipment, if the City was to try to build with it in place. This disturbance will likely both increase the rate of the existing decay and the tree's risk level. Objection 6: The PB&R Commission has not considered the decision's impact on the nearly two dozen great blue herons currently nesting in the Landmark Tree. Staff Response 6: The PB&R Commission considered nesting blue herons at its March 5, 2024, meeting, where City staff presented its consultation with a biologist from Dudek. Approximately 10 mating pairs were observed, and the biologist stated to staff that blue herons are opportunistic and would find other local habitat if the current site was unavailable. City staff observed and presented to the PB&R Commission that there are numerous nesting site opportunities around the harbor. ity of Ntmpoft Becaun 18-29 16-8 PB&R Appeal Regarding the Removal of a Special Landmark Eucalyptus Tree; and Demotion and Construction of Fire Station No. 1 and the Balboa Branch Library September 24, 2024 Page 9 Objection 7: The PB&R Commission's decision to remove the Landmark Tree is motivated solely by the City Council's desire to relocate the Balboa Branch Library and Firehouse rather than any legitimate concerns with the Landmark Tree itself as required by City Council Policy G-1. Staff Response 7: See Staff Response 1. Staff recommends the City Council deny the appeal and uphold the decision by the PB&R Commission to approve the removal of a Special City Landmark Blue Gum Eucalyptus Tree at the Balboa Branch Library and Fire Station No. 1 based on staff's responses to the appeal's objections and the following findings: 1. The Landmark Tree has untreatable decay that is progressing based on sonic tomographic evidence and will very likely continue to progress to a point of high risk within five years. 2. Construction of the Balboa Branch Public Library and Fire Station No. 1 will negatively impact the condition of the tree and the rate of decay, should it remain in place. 3. The construction of the new Balboa Branch Public Library and Fire Station No. 1 is a City Council approved project, which is a criterion for removal of Special City Trees in City Council Policy G-1. General Plan, Zoning Code, and Local Coastal Program The property is designated as Public Facilities (PF) by the General Plan Land Use Element, Zoning Code, Coastal Land Use Plan, and Local Coastal Program Implementation Plan (Title 21). The PF categories are intended to provide public facilities, including public schools, cultural institutions, government facilities, libraries, community centers, public hospitals, and public utilities. The property has been historically used as a fire station and library and the proposed project does not change the existing land use as public facilities, which is consistent with the PF categories. Where the Zoning Code requires a minor use permit for governmental facilities, staff is requesting that the City Council exempt this City -implemented project from a minor use permit, since the project has been previously reviewed and conceptually approved by the City Council, per Section 20.10.040(A) (Applicability of Zoning Code) of the NBMC. Coastal Development Permit The subject property is located within the Coastal Zone. Therefore, the proposed replacement of the fire station and library requires a coastal development permit. The property is in the PF coastal zoning district where government facilities are identified as an allowed use. As previously discussed, staff requests exemption from a minor use permit as the required development standards will be established through the coastal development permit. E all %o of Ntampui B cl 18-30 16-9 PB&R Appeal Regarding the Removal of a Special Landmark Eucalyptus Tree; and Demotion and Construction of Fire Station No. 1 and the Balboa Branch Library September 24, 2024 Page 10 The proposed building floor area of approximately 10,900 square feet is appropriate for the approximately 24,000-square-foot property. The project provides a setback of approximately 11 feet from the property line along Island Avenue, approximately one foot from the property line along East Balboa Boulevard, approximately 15 feet from the eastern interior property line, and approximately 82 feet from the property line along East Bay Avenue. The project is consistent with the required findings of the certified Local Coastal Program. The neighborhood is predominantly developed with residential uses to the north, south, and east, which includes two- and three-story, single- and two -unit dwellings. The block directly west of the property includes mixed -use and commercial development. The library's proposed design, bulk and scale of the development is intended to provide a modern, right -sized neighborhood branch library with a children's room and work/study areas, including up-to-date technology. The proposed layout of the fire station will be able to house four staff members and two apparatus bay parking spots. The proposed 1,500- square -foot playground area is to establish a recreational component in the neighborhood that complements the proposed library. Zoning Exemption Section 20.10.040(A) (Applicability of Zoning Code) of the NBMC authorizes the City Council to exempt City implemented projects by adopting a resolution at a noticed public hearing setting forth the specific NBMC provisions that apply in the absence of the exemption. Building Height The highest guardrail is less than 20 feet tall, and the highest ridge is approximately 33 feet and 6 inches tall, where Title 21 requires a maximum height of 26 feet for flat roofs and 31 feet for sloping roofs. The proposed sloping roof is designed as a mansard roof which will act as a mechanical well to support necessary rooftop equipment, and act as a screen of the equipment from the surrounding neighborhood. Alternatively, a lower roof would negatively impact the fire station's second floor ceiling height, create difficulty with mechanical equipment, and reduce the roof screening. Required findings for the increase in height above the base height limit per Section 21.30.060(C)(3)(a) of the NBMC are provided in the attached resolution. Parking and Circulation While the property currently provides eight on -site parking spaces and one street parking space on East Balboa Boulevard, the proposed project will provide 14 on -site parking spaces and increase the street parking supply by three spaces due to street layout improvements. Therefore, a net increase of eight parking spaces will be made available to the public. Public Views and Access The property is not located adjacent to a coastal view road, ublic access way, or Coastal Viewpoint as identified in the Coastal Land Use Plan,,t - 18-31 16-10 PB&R Appeal Regarding the Removal of a Special Landmark Eucalyptus Tree; and Demotion and Construction of Fire Station No. 1 and the Balboa Branch Library September 24, 2024 Page 11 The nearest coastal viewpoint is Balboa Pier and is not visible from the site. The site is located adjacent to East Balboa Boulevard, which is accessible to the public and provides some limited opportunities to view the bay through Island Avenue, West Ocean Front, and the beach, which is located south of the property. Additionally, the project does not contain any unique features that could degrade the visual quality of the coastal zone. Furthermore, while the property is located between the nearest public road and the sea, the project is the replacement of an existing fire station and library with a design that does not include any features that would obstruct vertical coastal access and lateral coastal access. As previously discussed, the project includes site improvements that increase the overall public parking supply onsite and on the street. The draft resolution which addresses all required findings for this project is included as Attachment D. FISCAL IMPACT: The cost of preparing the plans, specifications and estimates for the project were included within the FY 2023/24 Capital Improvement Budget and have been encumbered into the existing design team contracts. The approval FY 2024/25 Capital Improvement Budget includes $9,500,000 budgeted for construction. With the new facility design concepts now complete, a rough construction cost estimate has been completed based on recent regional construction values and market conditions. The estimated rough cost for the construction for the new facility is estimated at approximately $16,000,000. This estimate does not include the cost of the temporary fire facility during the construction. Once construction bids are received for the award of the construction contract, staff will review and revise the budget while asking the City Council to award the construction contract. All project funding is coming from the Facility Financing Plan fund, which is a combination of general funds and development fees. ENVIRONMENTAL REVIEW: Staff recommends the City Council further find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15301 (Class 1 — Existing Facilities), Section 15302 (Class 2 — Replacement of Reconstruction), and 15303 (Class 3 — New Construction or Conversion of Small Structures). The Class 1 exemption applies to additions to existing structures provided that the addition will not result in an increase of more than 10,000 square feet if the project is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan and the areas in which the project is located is not environmentally sensitive; Class 2 exempts replacement or reconstruction of existing structures where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced; and Class 3 exempts the construction and location of limited numbers of new, small facilities or structures including but not limited to structures not exceeding 10,000 square filet in floor area in urbanized areas on sites zoned for such use. 18-32 16-11 PB&R Appeal Regarding the Removal of a Special Landmark Eucalyptus Tree; and Demotion and Construction of Fire Station No. 1 and the Balboa Branch Library September 24, 2024 Page 12 In this case, the project, including removal of the tree, consists of the demolition of the existing 4,140 square foot branch library, 360 square foot Newport Beach Historical Society Museum and 3,423-square-foot fire station and replacement with construction of a new Fire Station No. 1 and Balboa Branch Library of approximately 10,900 square feet. The project as proposed results in a net public area increase of approximately 3,000 square feet, does not require any change in the zoning designation, and is located in an urbanized area with adequate public services to serve the area. Based on the foregoing, the project including removal of the tree is categorically exempt under the Class 1, Class 2 and Class 3 exemption. The exceptions to these categorical exemptions under Section 15300.2 are not applicable. The Project including removal of the tree does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. As detailed above, the City's arborist consultant, determined that the tree to be removed is diseased. Concerns were also raised regarding impacts that removal of the tree would have on blue herons nesting. According to the evidence provided at the hearing, blue herons are opportunistic and would find other local habitat if the current site was unavailable. City staff observed and presented to the PB&R Commission that there are numerous nesting site opportunities around the harbor. Based on the public's concerns regarding nesting by blue herons, the PB&R Commission approved the removal of the diseased tree, subject to the delaying removal of the tree until September 2025, following nesting season and, as a further precaution, the conditioned removal of the tree on the City confirming no nests are in place prior to removal. Therefore, the exception to this categorical exception does not apply. Ikire-A9rogIkgD i The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Notice of this hearing was published in the Daily Pilot, mailed to all owners and occupants of property within 300 feet of the boundaries of the site (excluding intervening rights -of -way and waterways), including the applicant and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. The item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Additionally, the appellate has been notified by both email and certified letter on the date and time on this Public Hearing. ATTACHMENTS: Attachment A — Adkisson Pitet Tree Removal Appeal Letter Attachment B — Appeal of PBR Commission Approval Attachment C — Resolution No. 2024-71 Attachment D — Resolution No. 2024-72 Attachment E — Project Plans Attachment F — Dudek Inc. Reports from December 5, 2022, and October 11, 2023 Attachment G — City Council Policy G-1 Attachment H — Certified Letter Notice on the date and time on this Public Hearing uALY v1 IVcWPUl L ®cCIv 18-33 16-12 Attachment C Dudek Memorandum from May 5, 2025 18-34 DUDEK 27271 LAS RAMBLAS, SUITE 340 MISSION VIEJO, CALIFORNIA 92691 T 949.450.2525 MEMORANDUM To: Tom Sandefur, P.E., Assistant City Engineer, Public Works Department, City of Newport Beach From: Tommy Molioo, Senior Biologist and Chis Kallstrand, Senior Urban Forester Subject: Tree Evaluation Report for the Balboa Branch Library Replacement Project Date: May 5, 2025 Attachment(s): Landscaping Plans This memorandum includes the results of an evaluation of the proposed tree replacement activities for the Balboa Branch Library Replacement Project, located on the Balboa Peninsula in the city of Newport Beach, Orange County, California. Dudek's biologist and arborist met with city staff on site to conduct an evaluation of the existing trees that will be removed and trees proposed for replacementthat would meetthe requirements of both the landscaping design for the project, as well as provided adequate replacement habitat for nesting great blue herons (Ardea herodias) on site. This memo includes Dudek's recommendation for the replacement of tree species that are suitable from a biological and arboricultural perspective. This memo has also been prepared to respond to feedback from the California Coastal Commission (CCC) on suitable replacement trees. Project Location and Description The project site generally occurs north of the Pacific Ocean, south of Interstate 405, east of State Route 55, and west of Crystal Cove State Park. The project site is specifically located at the Balboa Branch Library at 100 East Balboa Boulevard on the Balboa Peninsula in the city of Newport Beach. The project proposes to demolish the existing Balboa Branch Library and construct a new fire department station with associated landscaping. All vegetation and trees on the project site will be removed for the proposed project. This includes a blue gum (Eucalyptus globulus) tree that contains an active heron rookery. Biological Analysis In coastal California, suitable trees for heron nesting are typically located in quiet, undisturbed habitats near estuaries, tidal marshes, or coastal wetlands. In other coastal states like Washington, herons sometimes nest on the ground, human -made structures, cliffs, and in shrubs, nesting mostly occurs in trees like alder, cedar, hemlock, pine, Douglas -fir (Pseudotsuga menziesii), spruce, hawthorn, bigleaf maple (Acer macrophyllum), and cottonwood (Populus balsamifera)1. However, in Southern California, they often frequent taller trees near coastal zones, regardless of human activity. Specifically, herons favor tall, mature trees with broad, sturdy branches that can support large nests and accommodate colony nesting. Species such as coast live oak (Quercus agrifolia), Monterey 1 Azerrad 2012. Management Recommendations for Washington's Priority Habitats and Species. Great Blue Heron Ardea Herodias. 18-35 Washington Department of Fish and Wildlife MEMORANDUM SUBJECT: TREE EVALUATION REPORT FOR THE BALBOA BRANCH LIBRARY REPLACEMENT PROJECT cypress (Hesperocyparis macrocarpa), and California sycamore (Platanus racemosa) provide the height, structure, and canopy cover herons need for safe nesting. Non-native eucalyptus (Eucalyptus spp.) or hoop pine (Araucaria cunninghamii) also frequently serve as nesting sites due to their size and limb strength. Arboricultural Analysis Following an evaluation of the project site plans, available spacing, and nesting requirements, Dudek recommends the use of Western Sycamore (Platanus racemosa) as a replacement species due to its ecological value, structural suitability for nesting birds, and compatibility with Southern California's climate. As a native species, Western Sycamore supports local biodiversity and provides ideal branching structure and canopy coverage for colonial nesting birds such as herons. It has a moderate to fast growth rate, averaging 24 to 36 inches per year under favorable conditions, particularly when given adequate water during the establishment period. Western Sycamores typically reach maturity in approximately 20 to 30 years, at which point they can attain heights of 60 to 80 feet with broad, spreading canopies that offer excellent nesting opportunities. Their adaptability to riparian and urban environments, coupled with their proven value as wildlife habitat, makes them a strong candidate for long-term habitat mitigation and landscape integration. Based on an assessment of the site plans and a review of the intended future use of the property, Dudek has determined that the site can reasonably support the planting of five Western Sycamore trees without compromising existing infrastructure, future development plans, or the overall functionality of the space. This estimate takes into consideration appropriate spacing for tree health and canopy development, as well as long-term growth characteristics of the species. As shown in Attachment A, the proposed placement of the Western Sycamores has been strategically planned to optimize their potential as long-term nesting habitat while ensuring compatibility with site constraints. The introduction of five Western Sycamore trees will, over time, establish a structurally diverse canopy capable of supporting colonial nesting birds such as herons, thereby offering a sustainable and ecologically valuable replacement for the tree proposed for removal. During the removal and replanting phase, it is important to consider the availability of existing trees in the immediate area that can continue to support heron nesting activity. Several nearby trees already exhibit the size, height, and structural characteristics preferred by herons for nesting. Notably, the mature eucalyptus trees located at the intersection of Island Avenue and W. Bay Avenue, directly across the street from the library, offer substantial canopy height and branching structure well -suited to heron rookeries. Additionally, the hoop pine situated in the median southeast of the library provides another viable nesting option. These trees, due to their mature stature and relative proximity to the original nesting site, are likely to serve as suitable interim nesting habitat for the local heron population. Their presence should help minimize disruption to the nesting cycle during the transitional period while newly planted trees, such as the proposed Western Sycamores, mature and develop sufficient canopy coverage to support long-term habitat needs. DUDEK 13027.01 2 MAY 2025 18-36 Attachment A Landscaping Plans 18-37 0 10' 20' 40' SCALE: 1" = 10'-0" PLANTING NOTES DESIGN GROUP 1. FINE GRADE ALL PLANTING AREAS PRIOR TO COMMENCEMENT OF PLANTING OPERATIONS. PARTERRE 2. CONTRACTOR IS RESPONSIBLE FOR PROVIDING SUFFICIENT PLANT MATERIAL TO COVER AREAS SHOWN ON THE PLANS. SITE PLANNING URBAN DESIGN 3. INSTALL ALL PLANT MATERIALS IN ACCORDANCE WITH DETAILS. ALL FINISH LANDSCAPE ARCHITECTURE GRADING AND PLANTING OPERATIONS SHALL BE CARRIED OUT IN ACCORDANCE 1221 HAYES AVENUE WITH THE PLAN NOTES, DETAILS AND SPECIFICATIONS. SANDIEGO, CALIFORNIA 92103 PHONE: (619) 29W713 4. ALL NURSERY TYING MATERIALS AND TAPES SHALL BE REMOVED AT TIME OF PLANTING. 5. CONTRACTOR SHALL NOTIFY THE OWNER'S REPRESENTATIVE 48 HOURS PRIOR TO DELIVERY OF PLANT MATERIALS TO THE SITE IN ORDER THAT THE LANDSCAPE ARCHITECT CAN DETERMINE THE ACCEPTABILITY OF PLANT MATERIAL AT TIME OF DELIVERY. 6. CONTRACTOR SHALL LOCATE PLANT MATERIAL AS SHOWN ON THE PLANTING PLAN AND OBTAIN APPROVAL OF THE OWNER'S REPRESENTATIVE PRIOR TO PROJECT: INSTALLATION. SCALE THE LOCATION OF TREES AND SHRUBS FROM CENTER OF INDIVIDUAL SYMBOLS BASED ON OFFSETS FROM BUILDING OR HARDSCAPE FEATURES. CITY OF NEWPORT BEACH 7. CONTRACTOR SHALL INSTALL MINIMUM 3 INCH DEPTH OF WOOD MULCH IN ALL PLANTING AREAS. SEE SPECIFICATIONS FOR CLASS. NEWPORT BEACH FIRE STATION NO.1 8 LIBRARY 8. ALL PLANT MATERIAL IN SIMILAR CONTAINERS SHALL BE EVENLY MATCHED. 110 E BALBOA BLVD 9. THE FINISH GRADE OF ALL SHRUB AND GROUNDCOVER AREAS SHALL BE FREE NEWPORT BEACH, CA 92661 OF ROCKS 2 INCHES AND LARGER. CITY CONTRACT NO. C-8865-1 10. ALL LANDSCAPE AREAS SHALL BE GRADED TO MAINTAIN A MINIMUM SLOPE OF 2 PER CENT FROM THE BUILDING TO DRAINS, CURBS AND WALKS. 11. VERIFY ALL UNDERGROUND UTILITY LOCATIONS PRIOR TO EXCAVATING FOR PO�r PLANT MATERIAL. SEE CIVIL IMPROVEMENT PLANS FOR LOCATIONS. Q I= 12. THE SURFACE AND SUBSURFACE SOIL IN ALL PLANTING AREAS SHALL BE RIPPED TO A MINIMUM DEPTH OF 6 INCHES. A U Z 13. AFTER ROUGH GRADING, SOIL SAMPLES SHALL BE TAKEN FROM TWO (2) cq//Folk LOCATION ON SITE AS DETERMINED BY THE OWNER'S REPRESENTATIVE. CONTRACTOR SHALL CONDITION THE PLANTING BACKFILL PER THE SOIL LAB'S DESCRIPTION: DATE: ANALYSIS RECOMMENDATIONS. SEE SPECIFICATIONS FOR ADDITIONAL REQUIREMENTS. 50% DESIGN 8/12124 14. THE CONTRACTOR SHALL CONTACT THE OWNER'S REPRESENTATIVE PRIOR TO DEVELOPMENT BEGINNING LANDSCAPE WORK SO THAT THE OWNER'S REPRESENTATIVE CAN 100% DO INTERNAL 9112124 REVIEW THE PROJECT UTILITY LOCATIONS AND REVISE PLANS ACCORDINGLY IF REVIEW NECESSARY. 100% DESIGN 9130/24 15. SEE SPECIFICATIONS CONCERNING WEED ERADICATION SCHEDULE PRIOR TO DEVELOPMENT BEGINNING IRRIGATION AND PLANTING OPERATIONS. 60% CONSTRUCTION 111525 DOCUMENTS 16. ALL TREES, SHRUBS AND GROUNDCOVERS SHALL BE HAND WATERED WHILE IRRIGATION SYSTEMS ARE BEING REPAIRED OR REROUTED. pERMITSUBMITTAL 311/25 PLAN NOTES OROOT BARRIER, TYPICAL THIS SYMBOL. OSET CENTER OF TREE TRUNK 3'-0" FROM EDGE OF PAVING, TYPICAL. OCENTER TREE IN LENGTH AND WIDTH OF PARKING ISLAND, ALIGN WITH ADJACENT TREES, TYPICAL. OBIOBARRIER ROOT CONTROL FABRIC, TYPICAL THIS SYMBOL. WRAP LENGTH OF STORM DRAIN PIPE WITH 19.5" WIDTH OF FABRIC, NODULES FACING OUT. OVERLAP FABRIC MINIMUM 1" AT FABRIC EDGE. EXTEND FABRIC WRAP 5'-0" FROM CENTER OF TREE TRUNK. O MAINTAIN 10'-0" OFFSET FROM WATER AND SEWER UTILITY. NOT FOR CONSTRUCTION 202401 SHEET TITLE: PLANTING PLAN AND NOTES SHEET NUMBER: L2.0 8-38 WATER EFFICIENCY LANDSCAPE WORKS HEET/CALCULATIONS PLANT MATERIAL LEGEND - TREE / SHRUBS Referenced Evapotranspiration (ETC) 44.7 Hydrozone And Plant Irrigation Planting Description Factor Method (PF) Irrigation Efficiency (IE) ETAF (PF/IE) Landscape Area Sector Type Non —Residential Landscape ETAF x Area Estimated Area (Sq. Ft,) Total Water Use (ETWU) LOW 1 0.2 SUBSURFACE .81 .24 3,366 SF 808 22,381 (ALL PLANTING DRIP AREAS IN LOW 1 AVERAGE TOTAL TOTAL CATEGORY) .24 3,366 SF 808 Average ETAF for IN NOT IN Regular Landscape Areas IINCE COMPLIANCE TOTAL LANDSCAPE AREA — 3,366 SITE WIDE ETAF — .24 ETWU TOTAL / GALLONS PER YEAR — 22,381 MAWA TOTAL / GALLONS PER YEAR — 41,972 OSHRUB. O2 ROOTBALL. TOP OF ROOTBALL MIN. 1" ABOVE FINISH GRADE. O3" DEPTH OF WOOD MULCH WITHIN BASIN. O4 4" HIGH SOIL BERM, FIRMLY COMPACTED. OPLANT TABLETS. SYMBOL BOTANICAL NAME TREES Q HYMENOSPORUM FLAVUM QO GEIJERA PARVIFLORA 0 PLATANUS RACEMOSA COMMON NAME SWEETSHADE AUSTRALIAN WILLOW WESTERN SYCAMORE SIZE REMARKS 36" BOX 11'-13' HT. / 4'-5' SP STANDARD 36" BOX 12'-14' HT. / 5-6' SP STANDARD 36" BOX 13'-15' HT. / 6'-8' SP STANDARD MINIMUM DETAIL WUCOL QUANTITY CALIPER CLASS ZONE 3 2.5" A MODERATE 1 2.5 A LOW 1 2.5 A LOW 5 SHRUBS OALOE DAWAI ORANGE FLAME ALOE 5 GAL. SUCCULENT LEAVES, GREEN COLOR B LOW 8 ® CAREX DIVULSA BERKLEY SEDGE 5 GAL. FULL, BUSHY, GOOD GREEN COLOR B LOW 87 ® CARPENDERIA CALIFORNICA "ELIZABETH" BUSH ANEMONE 5 GAL. FULL, BUSHY, GOOD GREEN COLOR B LOW 4 O LEYMUS CONDENSATUS "CANYON PRINCE" CANYON PRINCE WILD RYE 5 GAL. FULL, BUSHY, GOOD GREEN COLOR B LOW 12 "CANYON PRINCE" LOMANDRA "PLATINUM BEAUTY" VARIEGATED DWARF 5 GAL. FULL, BUSHY, GOOD GREEN COLOR B LOW 29 MATT RUSH ® ROSMARINUS OFFICINALIS "TUSCAN BLUE" UPRIGHT ROSMARY 5 GAL. FULL, BUSHY, GOOD GREEN COLOR B LOW 25 WESTRINGIA FRUTICOSA "MORNING LIGHT" MORNING LIGHT 5 GAL. FULL, BUSHY, GOOD GREEN COLOR B LOW 38 COAST ROSEMARY WESTRINGIA FRUTICOSA "MUNDI" LOW COAST ROSEMARY 5 GAL. FULL, BUSHY, GOOD GREEN COLOR B LOW 27 ROOT BARRIER ■mmmm■ ROOT BARRIER, SEE PLAN FOR LOCATIONS. ANY TREE WITHIN 10' OF PAVING, FOOTING, BUILDING OR ANY OTHER HARDSCAPE SHALL HAVE ROOT BARRIER INSTALLED A MINIMUM OF 18" IN DEPTH, AND 0' IN LENGTH, CENTERED ON THE CENTERLINE OF THE TREE TRUNK (5' EACH SIDE). SEE SPECIFICATION FOR TYPE OF ROOT BARRIER. NOTE: PLANT MATERIAL QUANTITIES LISTED IN THE LEGEND ARE FOR THE CONTRACTOR'S REFERENCE ONLY. THE CONTRACTOR IS REQUIRED TO COMPLETE A THOROUGH TAKEOFF OF REQUIRED PLANT MATERIAL SHOWN ON THE PLANS. THE CONTRACTOR SHALL NOTIFY THE OWNER PRIOR TO SUBMITTING A BID OF ANY DISCREPANCIES IN QUANTITIES LISTED. THE CONTRACTOR IS REQUIRED TO INSTALL ALL PLANT MATERIAL SHOWN ON THE PLANS AS PART OF THE CONTRACT. O1 SET TRUNK PLUMB /CENTER IN PIT O5 AMENDED BACKFILL SOIL. REMOVE ROCKS 4" AND LARGER. O2 3" DEPTH OF WOOD MULCH WITHIN BASIN, TYPICAL. O 3 CU. FT. OF 3/4" GRAVEL AT BASE OF PIPE. O3 4" ABS FILTER FABRIC WRAPPED PERFORATED Oj ROOT BALL. TOP OF ROOTBALL MIN. 1" ABOVE STAND PIPE WITH REMOVABLE SOLID PVC CAP. FINISH GRADE. MINIMUM LENGTH 5-0". OFINISH FINISH GRADE, SLOPES O4 GRADE. PLANT TABLETS, DEPTH PER SPECS. O 6:1 OR LESS. O9 2" DIA. LODGE POLE PINE STAKE, 2 EACH 10' MIN., 12' LONG FOR 24" AND 36" BOX TREE SIZE, OPLANTING BACKFILL. SET ONE STAKE PERPENDICULAR TO PREVAILING PUDDLE AND SETTLE. WIND. FOR MULTI —TRUNK TREES INSTALL A 8 OMAXIMUM 2:1 SLOPE. MINIMUM OF 1 STAKE WITH TIES PER TRUNK. 10 "CINCH TIE" BY U.I.T. OR EQUAL, 2 LOCATIONS, O WOOD MULCH PER 4 EACH. PLANTING NOTE 7. 14 11 SET ROOT BALL ON UNDISTURBED NATIVE SOIL. 10 g 12 4" HIGH SOIL BERM, FIRMLY COMPACTED. 3 2 13 "CENTURY" ROOT BARRIER CP OR APPROVED EQUAL, SEE NOTE. O12 1 16 4 CUT STAKES 6" BELOW CANOPY. 3 8CONC. WALK, STEP, WALL, CURB, FOUNDATION OR WATER QUALITY TREATMENT BMP LINER. — -- 6 WOOD MULCH PER PLANTING NOTE 7. 4 NOTE: INSTALL STAND PIPE AND GRAVEL AT BASE WITH 5 5 SPECIMEN (24" BOX & LARGER) TREE ONLY. �EOPF INSTALL 10 FOOT LENGTH OF ROOT CONTROL SYSTEM 7 --11z CENTERED ON THE TRUNK FOR ALL TREE ROOTBALLS 'OOTBALL LOCATED WITHIN 5'-0" OF CONC. WALKS, STEPS, 4METER H CURBS, WALLS, OR FOUNDATIONS. MINIMUM 18" 6 DEPTH. C SHRUB PLANTING N.T.S. KUU Ina LL UIHIVI. SPECIMEN TREE PLANTING N.T.S. DOUBLE STAKE DESIGN GROUP IK19Ci0;aNNQ SITE PLANNING URBAN DESIGN LANDSCAPE ARCHITECTURE 1221 HAYES AVENUE SAN DIEGO, CALIFORNIA 92103 PHONE: (619)29W713 CITY OF NEWPORT BEACH NEWPORT BEACH FIRE STATION NO.1 & LIBRARY 110 E BALBOA BLVD NEWPORT BEACH, CA 92661 Q SEW Pp�r O e� > y � A u „ s °q<7F01 Nx 50%DESIGN 8/12124 DEVELOPMENT 100%DO INTERNAL 9112124 REVIEW 100% DESIGN 9130/24 DEVELOPMENT 60%CONSTRUCTION 1115125 DOCUMENTS PERMITSUBMITTAL 3/11/25 NUI -UK CONSTRUCTION 202401 PLANTING LEGEND,DET WATER EFFICIENCY 1A/(1RV(ZWPFT L2.1 Attachment D Community Development Director Action Letter from July 3, 2025 (No Attachments) 18-40 COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915 949-644-3200 www. newportbeachca.gov COMMUNITY DEVELOPMENT DIRECTOR ACTION LETTER Subject: Balboa Branch Library and Fire Station No. 1 (PA2025-0130) ■ Staff Approval Site Location 100 East Balboa Boulevard Applicant City of Newport Beach - Public Works Department Legal Description Block 2 of the East Newport Tract On July 3, 2025, the Community Development Director approved Staff Approval No. PA2025-0130 authorizing a minor change to Coastal Development Permit No. PA2024- 0140, which the City Council previously approved for the demolition and reconstruction of the City's Balboa Branch Library and Fire Station No. 1. The proposed change consists of revised landscape plans that include replacement tree plantings which further supports the nesting of herons. This approval is based on the following findings and is subject to the following conditions. LAND USE AND ZONING • General Plan Land Use Plan Category: Public Facilities (PF) • Zoning District: Public Facilities (PF) • Coastal Land Use Plan Category: Public Facilities (PF) • Coastal Zoning District: Public Facilities (PF) I. BACKGROUND AND PROPOSED CHANGES On September 24, 2024, the City Council approved Coastal Development Permit (CDP) No. PA2024-0140, authorizing the demolition of the existing Balboa Branch Library and Fire Station No. 1, along with the removal of two diseased trees (see Resolution No. 2024-72 as Attachment No. CD 2). The City Council also authorized the construction of a new fire station and library of approximately 10,900 square feet. The proposed structure is approximately 33 feet 6 inches tall with a sloped roof and includes the installation of a 3,675 square -foot green space and a 1,500-square-foot playground area (Project). The project was exempted from Title 20 requirements pursuant to Section 20.10.040(A) (Applicability of Zoning Code) of the Newport Beach Municipal Code (NBMC), and a CDP was required due to the property's location within the Coastal Zone. On October 24, 2024, the project was appealed to the Coastal Commission by Chris Pitet, on behalf of The Friends of Library Park, due to concerns about the removal of a Blue Gum Eucalyptus tree and the potential displacement of nesting blue herons. Subsequent to the 18-41 Balboa Branch Library and Fire Station No. 1 July 3, 2025 Page 2 appeal being filed, City and Coastal Commission staff have been working collaboratively on appropriate revisions to the landscape plan included in the originally approved CDP to address the appellants' concerns. The revisions propose the replacement of Catalina Ironwood trees along Island Avenue and California Sycamore trees along East Bay Ave, with Western Sycamore trees, in order to better support nesting birds such as great blue herons. Additionally, the planting areas within the parking lot along East Bay Avenue will feature a Sweetshade and Australian Willow tree, replacing the originally proposed California Sycamores. The proposed changes will alter the parking layout and result in the loss of one parking space. II. FINDINGS A. The changes are consistent with all applicable provisions of this Zoning Code. Facts in Support of Finding: 1. The Project is located in the PF General Plan Land Use Plan Category, Coastal Land Use Plan Category, Zoning District, and Coastal Zoning District. These designations are intended to provide public facilities, including public schools, cultural institutions, government facilities, libraries, community centers, public hospitals, and public utilities. The property is currently developed with a fire station and library and will be reconstructed to operate in the same manner. The proposed changes do not alter the Project's land use and remain consistent with the intent of the PF designations. 2. As conditionally approved in the CDP, the revised landscape plan complies with Title 21 (Local Coastal Program Implementation Plan) Subsection 21.30.075 (Landscaping) of the NBMC. While the revised landscape modifies the species of some of the trees, it continues to be consistent with Title 21 landscape standards. Additionally, the landscape plan does not include any invasive plant species and is still subject to compliance with the Migratory Bird Treaty Act. 3. The City utilized a biologist from Dudek Consultants, which provided an evaluation memorandum of the proposed tree replacement on May 5, 2025 (Attachment No. CD 4). The report recommended the use of Western Sycamore due to its ecological value, compatibility with Southern California's climate, and structural suitability for nesting birds, such as great blue herons. The report also concluded that mature eucalyptus trees located at the intersection of Island Avenue and West Bay Avenue, which are directly across from the Project, provide branching structure and sufficient canopy height well -suited to heron rookeries during the removal and replanting phase for the Project. The report also noted that an existing hoop pine which is located in the median southeast of the library also provides viable nesting options. 4. As conditionally approved in the CDP, the City is required to conduct a pre - construction nesting survey. The survey allows the City to identify areas with active nests and to create buffers to protect the nests from disturbance during construction. 18-42 Balboa Branch Library and Fire Station No. 1 July 3, 2025 Page 3 Finding: B. The changes do not involve a feature of the project that was a basis for or subject of findings or exemptions in a negative declaration or Environmental Impact Report for the project. Facts in Support of Finding: 1. Per the approved CDP, the project is categorically exempt from the requirements of CEQA under Sections 15301 Class 1 (Existing Facilities), Class 2 (Replacement or Reconstruction), and Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3. The Class 1 exemption applies to additions to existing structures provided that the additional will not result in an increase of more than 10,000 square feet if the project is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan and the areas in which the project is located are not environmentally sensitive. Additionally, Class 3 exempts the construction and location of limited numbers of new, small facilities or structures including but not limited to structures not exceeding 10,000 square feet in floor area in urbanized areas on sites zoned for such use. In this case, the Project, including the tree's removal, consists of the demolition of the existing 4,140-square-foot branch library, 360-square-foot Balboa Historical Museum, and 3,423-square-foot fire station and replacement with construction of a new Balboa Branch Library and Fire Station No. 1 of approximately 10, 900 square feet. As proposed, the Project provides a floor area increase of approximately 3,000 square feet, does not require any change in the zoning designation, and is located in an urbanized area with adequate public services to serve the area. Therefore, the Project has no potential to have a significant effect on the environment and is a replacement of an existing structure with a new structure that is substantially the same size, purpose, and capacity. 2. The proposed changes primarily affect landscaping which are intended to support bird nesting habitats. No alterations to the Project's approved floor area, height, or use are being requested. While the revised landscape plan will result in the loss of one parking space, the Project will continue to provide sufficient on -site parking. Therefore, the requested changes will not affect the original Class 1 (Existing Facilities), Class 2 (Replacement or Reconstruction), and Class 3 (New Construction or Conversion of Small Structures) exemptions under the CEQA Guidelines. Finding: C. The changes do not involve a feature of the project that was specifically addressed or was the subject of a condition(s) of approval for the project or that was a specific consideration by the applicable review authority in the project approval. 18-43 Balboa Branch Library and Fire Station No. 1 July 3, 2025 Page 4 Facts in Support of Finding: Facts 1 and 3 in support of Finding A are hereby incorporated as reference. 2. Fact 2 in support of Finding B is hereby incorporated as reference. Finding: D. The changes do not result in an expansion or change in operational characteristics of the use Facts in Support of Finding: The approved CDP authorized the demolition of the Balboa Branch Library and Fire Station No. 1, along with the removal of two diseased trees, to allow for the construction of a new City fire station and library. The revised landscape plan does not change the approved use, height, or floor area of the Project. While the revised landscape plan will result in the loss of one parking space, the Project will continue to provide sufficient on -site parking. III. CONDITIONS All previous conditions of approval for Coastal Development Permit (PA2024-0140) shall remain in full force and effect. 2. The development authorized by this Staff Approval shall be in substantial conformance with the revised landscape plan (Attachment No. CD 5) 3. The Community Development Director may add to or modify conditions to this staff approval or revoke this staff approval upon determination that the addition, which is the subject of this staff approval, causes injury, or is detrimental to the public health, safety, peace, or general welfare of the community if the property is operated or maintained so as to constitute a public nuisance. APPEAL PERIOD: An appeal or call for review may be filed with the Director of Community Development or City Clerk, as applicable, within 14 days following the date the action or decision was rendered. For additional information on filing an appeal, contact the Planning Division at 949-644-3200. Prepared by: Lau r Rodriguez nt Planner DL/ Ir Balboa Branch Library and Fire Station No. 1 July 3, 2025 Page 5 Approved by: Seimone Jurjis, Assistant City Manager Attachments: CD 1 Vicinity Map CD 2 Resolution No. 2024-72 CD 3 Originally Approved Landscape Plan CD 4 Dudek Memorandum CD 5 Revised Landscape Plan 18-45 Attachment E Planning Commission Staff Report from September 18, 2025 (No Attachments) 18-46 PO CITY OF NEWPORT BEACH n PLANNING COMMISSION STAFF REPORT ' September 18, 2025 �+ZIFOP. �P Agenda Item No. 4 SUBJECT: Fire Station No.1 and Balboa Branch Library Landscape Changes Appeal (PA2025-0130) ■ Staff Approval SITE LOCATION: 100 East Balboa Boulevard APPECANT: Christopher L. Pitet on behalf of The Friends of Library Park APPLICANT: City of Newport Beach — Public Works Department OWNER: City of Newport Beach PLANNER: Laura Rodriguez, Assistant Planner 949-644-3216, Irod rig uez(a)newportbeachca.gov PROJECT SUMMARY An appeal of the Community Development Director's July 3, 2025, decision to approve minor changes to Coastal Development Permit (CDP) No. PA2024-0140. The CDP was previously approved by City Council on September 24, 2024, for the demolition and reconstruction of the City's Fire Station No.1 and Balboa Branch Library. The City Council also approved the removal of two diseased trees located within the property. The minor changes approved by the Director modified the previously approved landscaping plans by proposing replacement of tree species to further support nesting birds such as great blue herons. The changes will alter the parking layout and result in the loss of one surplus parking space. RECOMMENDATION 1) Conduct a de novo public hearing; 2) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15302 under Class 2 (Replacement or Reconstruction) of the CEQA Guidelines, Title 14, Division 6, Chapter 3 because it has no potential to have a significant effect on the environment; and 3) Adopt Resolution No. PC2025-021 denying the appeal and affirming the Community Development Director's approval for Staff Approval filed as PA2025-0130 (Attachment No. PC 1). 3: -A Balboa Branch Library and Fire Station No.1 Landscape Changes Appeal (PA2025-0130) Planning Commission, September 18, 2025 Page 2 VICINITY MAP 'If; = a k ' !r� i�'f r�. • �, .N� Nriy�,� Q63 3p9 Im r � _q _q� Subject Property _ (0„ : C i > HAY A 07 Ln 0 !a 0 INV wk- GENERAL PLAN ZONING 3W/may¢ � e RTao) l� �W 3�R*!':'� yy > aqY nV -'AL �• p I Ra n y � � ( � -+� �0); � w � _ (} aft/ �o> ry V - !¢e Q45 qd PNPMALY ,pr- ►.A �, 4VEL 42/ CO aM R .� .,,i.iEo ;h 0 ! ep� one wdrran u f c eaLe°a e[v°W ^�@ � � �' ' e''Le°a sLv°w, �•� n 4,Y_ ! � r � v5_IryI 1mI Rat j °C14NrrcR°Nr! - S, rA) Ar LOCATION GENERAL PLAN ZONING CURRENT USE ON -SITE Public Facilities (PF) F Public Facilities (PF) Fire Station and Library NORTH Single Unit Residential Detached (RS-D) Single -Unit Residential (R-1) Single- and multi -unit dwellings SOUTH F_ RS-D R-1 Single -unit dwellings EAST RS-D R-1 Single- and two -unit dwelling WEST Mixed -Use Vertical (MU-V) Multiple Residential (RM) Mixed -Use Vertical (MU-V) Multiple Residential (RM) Restaurant and parking structure 1 . 1:j Balboa Branch Library and Fire Station No.1 Landscape Changes Appeal (PA2025-0130) Planning Commission, September 18, 2025 Page 3 INTRODUCTION Project Setting and Background The existing Balboa Branch Library and Fire Station No. 1 facility is located on the Balboa Peninsula, at 100 and 110 East Balboa Boulevard. The Balboa Branch Library was constructed in 1929. A fire station was added to the existing library and has been operating as Fire Station No. 1 since 1962. Both facilities total approximately 7,930 square feet of gross floor area (Figure 1, below). In 2021, an assessment evaluating the facilities' condition was conducted, and both facilities were rated as "poor" condition due to age -related and environmental deterioration. Given that the property's location is in the Coastal Zone, the reconstruction of the existing facilities requires a CDP. Figure 1: Existing Fire Station No.1 and Balboa Branch Library (as viewed from East Balboa Boulevard) On March 5, 2024, the Parks, Beaches, and Recreation Commission (PB&R) approved the removal of two Special City Landmark trees — a Blue Gum Eucalyptus and a Canary Island Date Palm, located on the subject property, due to disease and the decaying advancement rate (Figure 2, below). is 1•A Balboa Branch Library and Fire Station No.1 Landscape Changes Appeal (PA2025-0130) Planning Commission, September 18, 2025 Page 4 Figure 2 (above): Oblique Aerial Image of Property On June 14, 2024, Christopher Pitet (Appellant), representing The Friends of the Library Park, filed an appeal of the PB&R Commission's decision to remove the Blue Gum Eucalyptus tree to the City Council. The appeal outlined concerns that the removal of the tree fails to comply with the California Environmental Quality Act (CEQA) and City Council Policy G-1. Additionally, that the removal will affect great blue herons that nest on the tree. On September 24, 2024, the City Council denied the appeal and upheld the PB&R Commission's decision to remove the two diseased Special Landmark trees. The City Council also approved a CDP for the demolition and reconstruction of the library and fire station, which is proposed to be 33 feet 6 inches tall, approximately 10,900 square feet in floor area and includes the installation of a 3,675-square-foot green space and a 1,500- square-foot playground area (Figure 3, below). The approved resolution is included as Attachment No. PC 2. 18-50 Balboa Branch Library and Fire Station No.1 Landscape Changes Appeal (PA2025-0130) Planning Commission, September 18, 2025 Page 5 Figure 3: Renderings of Proposed Fire Station No.1 and Balboa Branch Library from East Balboa Boulevard (above) and from the proposed parking lot (below) l- On October 24, 2024, the CDP was appealed to the California Coastal Commission (CCC) by Chris Pitet, on behalf of The Friends of Library Park, due to concerns about the removal of a Blue Gum Eucalyptus tree and the potential displacement of nesting great blue herons. Subsequent to the appeal being filed, the City and CCC staff worked collaboratively on appropriate revisions to the approved CDP landscape plan which would provide specific tree species planted to better support nesting birds. Staff Approval for Minor Changes On July 3, 2025, the Community Development Director approved Staff Approval No. PA2025-0130 for minor changes to the landscape plans of the approved CDP (Attachment No. PC 3), with the intention to address the CCC's concerns of the appeal and to better support nesting birds. The changes to the landscape plan include includes replacing the Catalina Ironwood trees along Island Avenue and the California Sycamore trees along East Bay Ave with Western Sycamore trees. Additionally, the planting areas 18-51 Balboa Branch Library and Fire Station No.1 Landscape Changes Appeal (PA2025-0130) Planning Commission, September 18, 2025 Page 6 within the parking lot along East Bay Avenue will feature a Sweetshade tree and an Australian Willow tree, replacing the originally proposed California Sycamores. The revised landscape plan will alter the parking layout and result in the loss of one surplus parking space (Figure 4, below). The originally approved landscape plan is included as Attachment No. PC 4 and the revised landscape plan is included as Attachment No. PC 5. Originally Approved CDP Landscape Plan Revised CDP Landscape Plan E Bay Ave E Bay Ave IT �- .� a o --_- - 'o,_ N �• a NEWPORT BEACH A FIRE $TTION & LIBRARY NrWPORT REACH FIRE STATION 6 UEWY o California Catalina e Western Sweetshade Australian Sycamores Ironwood Sycamores Willow Figure 4: Comparison of the Original and Revised Landscape Plan Appeal of Staff Approval On July 18, 2025, Chris Pitet, on behalf of The Friends of Library Park, filed an appeal of the Staff Approval to the Planning Commission. The appellant cited objection towards the CEQA exemptions utilized, concerns that the replacement trees are insufficient for nesting birds, and that the project does not protect environmentally sensitive habitat areas (ESHA). The appellant's appeal application is included as Attachment No. PC 6. Conduct of Hearing Pursuant to Municipal Code Section 20.64.030.C.3 (Conduct of Hearing), a public hearing on an appeal is conducted "de novo," meaning that it is a new hearing. The prior action of the Community Development Director to approve Staff Approval No. PA2025-0130 has no force or effect. The Planning Commission is not bound by the Community Development Director's prior decision. 18-52 Balboa Branch Library and Fire Station No.1 Landscape Changes Appeal (PA2025-0130) Planning Commission, September 18, 2025 Page 7 DISCUSSION General Plan, Zonina Code. and Local Coastal Plan The property is categorized as Public Facilities (PF) by the General Plan Land Use Element, Planning and Zoning Code (Title 20), Coastal Land Use Plan, and Local Coastal Program Implementation Plan (Title 21). The PF categories are intended to provide public facilities, including public schools, cultural institutions, government facilities, libraries, community centers, public hospitals, and public utilities. The property has been historically used as a fire station and library and will continue to operate in that manner. Therefore, the uses are consistent with the PF categories. Zoning Code Requirements and Coastal Development Permit Due to the property being located within the Coastal Zone, the reconstruction of the fire station and library required a coastal development permit. Typically, projects in the PF zoning district are also required to obtain a use permit to establish development standards and undergo a major site development review when a project proposes to go over the maximum allowable height within the Nonresidential Shoreline Height Limitation Zone. However, on September 24, 2024, pursuant to Section 20.10.040(A) (Applicability of Zoning Code) of the Newport Beach Municipal Code (NBMC), the City Council exempted the project from the use permit requirements under Title 20 and approved a coastal development permit (CDP). The CDP subsequently established the project's development standards. Along with the CDP approval, the City Council upheld the PB&R's decision to remove two diseased Special Landmark Trees. Additionally, the CDP's landscape plan is required to comply with Subsection 21.30.075 (Landscaping) of Title 21 of the NBMC. The revised landscape plan proposes certain tree species for the purpose of supporting nesting birds, which will continue to comply with the Title 21 landscape standards, and do not include any invasive species. Although the revised landscape plan will alter the property's parking layout and result in the loss of one surplus parking space, the property will continue to provide sufficient on -site parking. California Coastal Commission (CCC) Staff Feedback and Additional Analysis Since the CDP was appealed to the CCC, a subsequent review of the project was conducted by CCC staff. The appellant cited concerns about the removal of the Blue Gum Eucalyptus tree and the potential displacement of nesting great blue herons. As a result, the City and Coastal Commission staff collaborated on landscape alternatives that would best support nesting birds such as great blue herons. The Coastal Commission staff's biologist recommended that City staff consider using Eucalyptus, Cypress, Western Sycamores, and Big Cone Spruce as alternative tree species to mitigate the removal of nesting trees on the property. Additionally, a Tree Evaluation Report, dated May 5, 2025, was prepared by Dudek Consultants in order to assist the City in preparation of a revised landscape plan (Attachment No. PC 7). The report was prepared by a biologist and urban forester. 18-53 Balboa Branch Library and Fire Station No.1 Landscape Changes Appeal (PA2025-0130) Planning Commission, September 18, 2025 Page 8 Subsequently, the revised landscape plan is based on the report's recommendations to better serve nesting birds. A detailed analysis of the report is provided below in the Response to Appeal Section. Condition of Approval Nos. 3 and 4 of the CDP, requires that the demolition and reconstruction of Fire Station No.1 and Balboa Branch Library comply with the Migratory Bird Treaty Act, which is intended to ensure the sustainability of populations of all migratory bird species. Additionally, the applicant is required to conduct a pre -construction nesting survey prior to the demolition of the structures. The survey allows the applicant to identify areas with active nests and to create buffers to protect the nests from disturbance during construction. The project, which provides an updated landscaping plan and parking layout, will not affect compliance with these conditions of approval. Staff Approval Findings Pursuant to NBMC Section 21.54.070 (Changes to an Approved Coastal Development Permit), the Community Development Director may authorize minor changes to an approved site plan, architecture, or the nature of the approved use, without a public hearing, and waive the requirement for a new coastal development permit. In this case, since the Staff Approval authorized by the Director has been appealed, the Planning Commission must determine that the proposed changes are in substantial conformance with CDP No. PA2024-0140 because the project's changes: a. Are consistent with all applicable provisions of this Implementation Plan; b. Do not involve a feature of the project that was a basis for or subject of findings or exemptions in a negative declaration or Environmental Impact Report for the project; c. Do not involve a feature of the project that was specifically addressed or was the subject of a condition(s) of approval for the project or that was a specific consideration by the applicable review authority in the project approval; d. Do not result in an expansion or change in operational characteristics of the use; and e. Do not alter the facts in support of the findings required by Section 21.52.015(F) and any other application section of this Implementation Plan. As previously discussed, the property is located in the PF Coastal Zoning District, which is intended to provide public facilities. The property has historically been used as a fire station and library, which will be reconstructed to operate with the same land use. The purpose of the Staff Approval is to revise the approved landscape plan to replace certain tree species for the purpose of supporting nesting birds. The landscape plan complies with the standards of the Implementation Plan and does not include any invasive species. Additionally, the CDP requires the project construction to comply with the Migratory Bird Treaty Act (MBTA), which is intended to ensure the sustainability of populations of all migratory bird species. The City is required to conduct a pre -construction nesting survey 18-54 Balboa Branch Library and Fire Station No.1 Landscape Changes Appeal (PA2025-0130) Planning Commission, September 18, 2025 Page 9 prior to the demolition of the existing structures, which identifies and protects areas with active nests from disturbance during construction. Since the Staff Approval primarily affects landscaping, no alterations to the proposed fire station and library's approved floor area, height, or use are being requested. The Project is substantially conforming to the scope of the approved CDP, which is the replacement or reconstruction of an existing library and fire station with a new library and fire station on the same project site. Therefore, the requested changes will not affect the Class 2 (Replacement or Reconstruction) exemption under the CEQA Guidelines, nor does it result in an expansion or change in operational characteristics of the use. The minor revisions of the Staff Approval do not alter the original CDP findings required by the Implementation Plan. Since the appeal, staff has conducted additional analysis of the project site and has determined that it is not categorized as an ESHA as defined by NBMC Section 21.3013.030, nor are the great blue heron species federally listed as threatened or endangered. This is further discussed in the Response to Appeal section, below, as well as the Draft Resolution (Attachment No. PC 1) and Dudek Consultant Memorandum dated August 14, 2025 (Attachment No. PC 8). Therefore, the landscape revisions do not affect the project's conformance to all applicable sections of the Local Coastal Program and do not result in a change to public access or views of the beach or bay. RESPONSE TO APPEAL The following are summarized reasons for the appeal of the Staff Approval by the appellant, followed by a response from staff. CEQA Clearance — The appellant expresses concerns for the Staff Approval utilizing Classes 1, 2 and 3 for CEQA exemptions. The project is exempt from the California Environmental Quality Act (CEQA) under Section 15302 under Class 2 (Replacement or Reconstruction) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3. A detailed analysis of the CEQA exemption is provided below in the Environmental Review Section. Staff clarified the appropriateness of the Class 2 CEQA exemption related to the originally approved CDP. The proposed changes requested by the City primarily affect landscaping and would not affect this CEQA exemption applied to the CDP. Dudek Memorandum on Tree Replacement— The appellant expresses concerns about the replacement trees not being sufficient for nesting birds. The City's Public Works staff sought assistance from a Dudek Consultant biologist in order to ensure the proposed changes were suitable for nesting blue herons. A Tree Evaluation Report, dated May 5, 2025, was prepared by Dudek Consultants in order to 18-55 Balboa Branch Library and Fire Station No.1 Landscape Changes Appeal (PA2025-0130) Planning Commission, September 18, 2025 Page 10 assist the City in preparation of a revised landscape plan. The memorandum provided a biological and arboricultural analysis related to the proposed changes. The use of the Western Sycamore tree was recommended due to its ecological value, compatibility with Southern California's climate, and structural suitability for nesting birds, such as blue herons. The report also considered the availability of existing trees in the immediate area that can continue to support heron nesting activity. It indicated that mature Eucalyptus trees located at the intersection of Island Avenue and West Bay Avenue, as well a Hoop Pine tree in the median southeast of the library, exhibited the size, height, and structural characteristics to support heron nesting activity. While the appellant expressed concerns that these trees were not sufficient, the memorandum supports that the Eucalyptus trees, as well as the Hoop Pine tree, will mitigate the removal of the existing trees for the project. It also concluded that these trees are likely to serve as suitable interim nesting habitat for the local heron population due to their relative proximity to the original nesting site and their mature stature. The report also noted that these trees should help minimize disruption to the nesting cycle during the project's reconstruction while the newly planted trees mature and develop sufficient canopy coverage to support long-term habitat needs. Migratory Bird Treaty Act — The appellant states that the great blue heron species is federally protected. The City's Public Works staff coordinated with its Dudek Consultant biologist regarding this statement. Subsequently, a memorandum regarding the protection status of nesting great blue herons was prepared by Dudek Consultants on August 14, 2025 (Attachment No. PC 8). The memorandum clarifies that while great blue herons are provided protection under the Migratory Bird Treaty Act (MBTA), particularly while nesting, it is not federally listed as threatened or endangered under the Federal Endangered Species Act (FESA). Therefore, the great blue heron is not a federally protected species and is considered a secure species, in California as well as globally, according to the California Department of Fish and Wildlife Natural Diversity Database. The report also affirms that herons that nest on site are only protected while actively nesting and rookeries are not protected further. The future removal of the Blue Gum Eucalyptus tree and any remaining nests would be conducted outside of the nesting season (February through August) and after a biologist determines there is no active nesting. Overall, the project's revised changes continue to comply with the MBTA. Environmentally Sensitive Habitat Area — The appellant expresses concern that the revised changes violate protections for Environmentally Sensitive Habitat Areas (ESHAs) and the City's Local Coastal Program (LCP). Sections 21.30B.030 (Environmentally Sensitive Habitat Areas) of the NBMC defines an ESHA in which plant or animal life or their habitats are either rare or are especially valuable because of their special nature or role in an ecosystem that could easily be disturbed or degraded by human activities and developments. Additionally, Section 21.30B.030 (A)(1) discusses exceptions and states that ESHAs do not include existing developed areas. 1: O Balboa Branch Library and Fire Station No.1 Landscape Changes Appeal (PA2025-0130) Planning Commission, September 18, 2025 Page 11 The appellant asserted that the Blue Gum Eucalyptus tree being removed is considered an ESHA because it contains nests of federally protected herons. As discussed above, the great blue heron is not considered a threatened or endangered species under FESA and therefore, not a federally protected species. Additionally, the August 14, 2025, Dudek memorandum evaluates whether the Blue Gum Eucalyptus tree itself qualifies as an ESHA (Attachment No. PC 8) and concludes the following: • The memorandum affirms that the property and eucalyptus tree qualifies for an ESHA exemption under Section 21.30B.030(A)(1) of NBMC due to the property's existing development. The Balboa Branch Library was constructed in 1929. A fire station was added to the existing library and has been operating as Fire Station No. 1 since 1962. The two public facility buildings total approximately to 7,930 square feet and are surrounded by residential, commercial, and mixed -used development. • Notwithstanding the exemption, the memorandum analyzed the tree's potential as ESHA utilizing the criteria in Section 21.30B.030(C)(1) of NBMC and concludes that the tree is not an ESHA and further supports that its removal is not detrimental since it does not play a special role in an ecosystem given that it is located in a developed area as ornamental landscaping. The tree is also not a rare species and is non-native. Lastly, the property lacks natural communities, coastal streams, rare plants or wildlife, and connectivity to other natural areas given that it is surrounded by development. In accordance with the City's Natural Resources Element of the General Plan, undeveloped areas supporting natural habitats that may be capable of supporting sensitive biological resources within the City are also referred to as Environmental Study Areas (ESAs) by the Local Coastal Plan. Portions of ESAs within the Coastal Zone that contain sensitive or rare species are referred to as ESHAs. The property is also not identified as one of the twenty-eight ESAs within the City under Figure NR2 (Environmentally Study Areas) of the General Plan's Natural Resources Element (Attachment No. PC 9). Additionally, the property is not identified as a site with Biological Resources under General Plan Figure NR1 (Biological Resources) of the Natural Resources Element (Attachment No. PC 10). Overall, the project complies with City's Local Coastal Program and is not affecting an ESHA. SUMMARY In conclusion, the project consists of minor changes to the originally approved CDP. These changes are mainly related to landscape and alteration of the parking layout. The appropriate revisions to the approved CDP landscape plan are in line with the CCC staff recommendations and ultimately provide certain tree species planted to better support nesting birds. The project is consistent with the intent of supporting nesting birds such as 18-57 Balboa Branch Library and Fire Station No.1 Landscape Changes Appeal (PA2025-0130) Planning Commission, September 18, 2025 Page 12 great blue herons. The project complies with the City's Local Coastal Program, the Natural Resources Element of the General Plan, and does not affect an ESHA. Staff believe the findings for approval can be made to support the proposed changes and the facts in support of the required findings are presented in the draft Resolution. ENVIRONMENTAL REVIEW Per the approved CDP, the overall project is exempt from the California Environmental Quality Act (CEQA) under Section 15302 under Class 2 (Replacement or Reconstruction) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. The Class 2 exemption applies to the replacement or reconstruction of existing structures where the new structure will be located on the same site as the structure being replaced and substantially have the same purpose and capacity. In this case, the originally approved CDP identifies the demolition and reconstruction of the fire station and library, including the removal of two diseased Special Landmark trees. The project is substantially conforming to the scope of the approved CDP, which is the replacement or reconstruction of an existing library and fire station with a new library and fire station on the same project site. Therefore, the intent of Class 2 is still being met and the Project's minor changes to landscaping and parking will not affect the Class 2 exemption. The exceptions to these categorical exemptions under Section 15300.2 are not applicable. The project's landscape changes do not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. PUBLIC NOTICE Notice of this hearing was published in the Daily Pilot, mailed to all owners and residential occupants of property within 300 feet of the boundaries of the site (excluding intervening rights -of -way and waterways) including the applicant, and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the city website. 1: A Balboa Branch Library and Fire Station No.1 Landscape Changes Appeal (PA2025-0130) Planning Commission, September 18, 2025 Page 13 Prepared by: Submitted by: - Laur Rodrig ez, is t Planner J ime Murillo, AICP DL/Ir eActing Community Development Director ATTACHMENTS PC 1 Draft Resolution PC 2 Approved Resolution No. 2024-72 from September 24, 2024, City Council Hearing PC 3 Community Development Director Action Letter from July 3, 2025 PC 4 Originally Approved CDP Landscape Plan PC 5 Revised CDP Landscape Plan PC 6 Appellant's Application of Appeal PC 7 Dudek Memorandum from May 5, 2025 PC 8 Dudek Memorandum from August 14, 2025 PC 9 Figure NR2 Environmentally Study Areas PC 10 Figure NR1 Biological Resources MUM Attachment F Original Approved CDP Landscape Plan EAST BAY AVENUE \ 0 10' 20' 40' SCALE: 1" = 10'-0" e e e e coar O O O O LANDSCAPE IMPROVEMENTS e e e GENERAL NOTES _ ® PARTERRE 1. THE CONTRACTOR SHALL VERIFY WITH THE ENGINEER THAT PLANS ARE CURRENT AND APPROVED. UW 2. LANDSCAPE IMPROVEMENTS SHALL BE IN ACCORDANCE NTH THE LANDSCAPE PLANS, SPECIFICATIONS AND �Ie�xlzawna REQUIREMENTS OF THE CITY OF NEWPORT BEACH LANDSCAPE DESIGN STANDARDS, 3. THE CONTRACTOR SHALL COMPLY WITH THE ENGINEERING SOILS REPORT RECOMMENDATIONS AS RELATE TO HIS WORK. 4. THE CONTRACTOR SHALL OBTAIN ALL NECESSARY AND/OR REQUIRED PERMITS AND PAY ALL RELATED FEES AND/OR TAX REQUIRED TO INSTALL THE WORK ON THESE PLANS. O O 5, THE CONTRACTOR SHALL BE APPROPRIATELY LICENSED AS REQUIRED BY THE STATE OF CALIFORNIA. O 6. THE CONTRACTOR SHALL NOTIFY THE ENGINEER • IMMMEDIATELY OF ANY ERRORS, OMISSIONS OR DISCREPANCIES IN EXISTING CONDITIONS OR WITH THE PLANS CITY OF NEWPORT BEACH PRIOR TO BEGINNING THE WORK, NEWPORT BEACH FIRE Ld 7. DETERMINATION OF "EQUAL" SUBSTITUTIONS SHALL BE MADE STATION B LIBRARY O ONLY ONLY BY THE ENGINEER. 110E BPLBOABLVO Z ❑ 8. THE LANDSCAPE ARCHITECT OF RECORD, AND THE ENGINEER NEWPORT BEACH, CA 92661 W _ SHALL BE NOTIFIED NO LESS THAN 48 HOURS IN ADVANCE OF THE START OF CONSTRUCTION, ANY SITE OBSERVATION, Q ® MEETINGS. SITE OBSERVATIONS SHALL INCLUDE, BUT NOT BE LIMITED e e A. PRE -CONSTRUCTION MEETING e_ _ B. LANDSCAPE GRADING AND SOIL AMENDING. Fr�WPpRT p Z C. LANDSCAPE CONSTRUCTION. } y F fl D. SPOTTING OF SPECIMEN PLANTS. IRRIGATION PRESSURE COVERAGE TEST. U _ JE. AND F. PLANTING AND/OR HYDROSEEDING. cy� N _ G. PRE -MAINTENANCE. NP ow � H. POST MAINTENANCE (FINAL). e OTE: N"LANDSCAPE" SHALL REFER TO ALL IMPROVEMENTS nexMPlpx �� WITHIN THIS SET OF DOCUMENTS THAT HAVE BEEN DESIGNED e BY PARTERRE. 50%DESIGN WID24 e 9. SITE OBSERVATIONS BY THE ENGINEER DURING ANY PHASE OF DEVELOPMENT THIS PROJECT DO NOT RELIEVE THE CONTRACTOR OF HIS e PRIMARY RESPONSIBILITY TO PERFORM ALL WORK IN NEWPORT BEACH ACCORDANCE WITH THE PLANS, SPECIFICATIONS AND e GOVERNING CODES. FIRE STATION & LIBRARY 10. THE CONTRACTOR SHALL REPLACE ALL TREES, SHRUBS AND e GROUND COVERS NOTED TO REMAIN IN PLACE DAMAGED BY PLANTING OR OTHER CONSTRUCTION OPERATIONS. THE Q e GENERAL CONTRACTOR SHALL ALSO REPAIR OR REPLACE EXISTING IRRIGATION SYSTEMS DAMAGED BY CONSTRUCTION eOPERATIONS. 11. THE CONTRACTOR SHALL PROVIDE PLANTING ESTABLISHMENT e AND FULL MAINTENANCE OF ALL LANDSCAPE AREAS FOR A PERIOD OF 00 DAYS AFTER INITIAL WRITTEN CITY APPROVAL. e \ \ CONTRACTOR SHALL GUARANTEE TREES AND IRRIGATION EQUIPMENT FORA PERIOD ONE FULL YEAR AFTER Q e WRITTEN ACCEPTANCE OF INSTALLATION. SEE SPECIFICATIONS FOR ADDITIONAL REQUIREMENTS. e\ 12. CONTRACTOR SHALL SUBMIT AN AGRICULTURAL SUITABILITY AND FERTILITY ANALYSIS OF TWO (2) SAMPLE LOCATIONS TO e e DE BE TERMINED BY THE ENGINEER AFTER DEMOLITION AND PRIOR TO PLANTING WORK. PLANTING REQUIREMENTS AND SOIL AMENDMENT SPECIFICATIONS ARE BASED ON A PRELIMINARY ANALYSIS OF ON -SITE SOILS. 13. THE LANDSCAPE CONTRACTOR SHALL PROVIDE A LETTER OF CERTIFICATON FOR WORK COMPLETED RELATED TO THE NOTFOR SEE SHEET L2.1 FOR LANDSCAPE CONTRACT DOCUMENTS. THE LETTER SHALL CONSTRUCTION EAST BALBOA BOULEVARD PLANT MATERIAL SYMBOLS SPECIFICALLY STATE THAT PLANTS WERE INSTALLED AS SPECIFIED AND THAT THE IRRIGATION SYSTEM WAS xxxaE": INSTALLED AS DESIGNED. THE LETTER SHALL BE SUBMITTED TO THE LANDSCAPE ARCHITECT OF RECORD PRIOR TO THE 202401 COMPLETION OF THE 60 DAY MAINTENANCE PERIOD. enmu: 14. THE LANDSCAPE CONTRACTOR IS RESPONSIBLE FOR SUBMITTING AN IRRIGATION AUDIT REPORT. THE AUDIT PLANTING PLAN REPORT SHALL BE PREPARED BY A CERTIFIED LANDSCAPE IRRIGATION AUDITOR APPROVED BY THE OWNER'S AND NOTES REPRESENTATIVE. AUDIT MEMORANDUM AND SERVICES WILL INCLUDE ON SITE REVIEW WITH THE OWNER'S REPRESENTATIVE OF THE IRRIGATION SYSTEM, SYSTEM TUNE-UP, SYSTEM TEST WITH DISTRIBUTION UNIFORMITY, YEARLY IRRIGATION SCHEDULE, AND ASSOCIATED DATA PER IRRIGATION AUDIT INDUSTRY STANDARDS. THE REPORT snxucMt. SHALL BE SUBMITTED TO THE OWNER'S REPRESENTATIVE PRIOR TO BEGINNING THE MAINTENANCE PERIOD. COST FOR IRRIGATION AUDIT REPORT AND SERVICES SHALL BE PROVIDED BY THE CONTRACTOR. L/�.� L 18-61 PLANT MATERIAL LEGEND - TREE / SHRUBS SYMBOL BOTANICAL NAME COMMON NAME TREES Q LYONOTHAMNUS FLORIBUNDUS CATALINA IRONWOOD QO PLATANUS RACEMOSA CALIFORNIA SYCAMORE SHRUBS OALOE DAWAI ORANGE FLAME ALOE ® CAREX DIVULSA BERKLEY SEDGE ® CARPENDERIA CALIFORNICA "ELIZABETH" BUSH ANEMONE O LEYMUS CONDENSATUS "CANYON PRINCE" CANYON PRINCE WILD RYE "CANYON PRINCE' LOMANDRA "PLATINUM BEAUTY" VARIEGATED DWARF MATT RUSH RHUS INTEGRIFOLIA LEMONADE BERRY 1JJ SALVIA CLEVELANDII "ALPINE" ALPINE CLEVELAND SAGE WESTRINGIA FRUTICOSA "MORNING LIGHT" MORNING LIGHT COAST ROSEMARY OWESTRINGIA FRUTICOSA "MUNDI" LOW COAST ROSEMARY SIZE REMARKS MINIMUM DETAIL WUCOL QUANTITY CALIPER CLASS ZONE 3 24" BOX 9'-10' HT. / 3'-4' SP. 1.25" A LOW STANDARD 24" BOX 10'-12' HT. / 3'-4' SP. 1.25" A MODERATE coar STANDARD 5 GAL. SUCCULENT LEAVES, GREEN COLOR B LOW °'•®°'^ ^� — PARTERRE 5 GAL. FULL, BUSHY, GOOD GREEN COLOR B LOW 5 GAL, FULL, BUSHY, GOOD GREEN COLOR B LOW ILA — 5 GAL. FULL, BUSHY, GOOD GREEN COLOR B LOW �1e�91zgwna 5 GAL. FULL, BUSHY, GOOD GREEN COLOR B LOW 15 GAL. FULL, BUSHY, GOOD GREEN COLOR B LOW 5 GAL. FULL, BUSHY, GOOD GREEN COLOR B LOW 5 GAL. FULL, BUSHY, GOOD GREEN COLOR B LOW 5 GAL, FULL, BUSHY, GOOD GREEN COLOR B LOW CITY OF NEWPORT BEACH NEWPORT BEACH FIRE STATION 8 LIBRARY 110 E BALBOA BLVD NEWPORT BEACH, CA 92661 A%DESIGN WID24 CONSTRUCTION rna�r 202401 PLANTING LEGEND AND NOTES L2.1 18-62 Attachment G Revised CDP Landscape Plan 18-63 - - 0 10' 20' 40' r // /// /// SCALE: 1" = 10' - 0" I I 0 PLANTING NOTES uc��ry �n�lJr J / /2 EVFH1,RGING EVCH,�GING EVCHA ^�` ` /�� 1. FINE GRADE ALL PLANTING AREAS PRIOR TO COMMENCEMENT OF PLANTING 9640GRSAN ANITERID,CA921UITE130 cDar LY ONLY ONL 619.6989177 1 w w.c argr up.com I I / OPERATIONS. / 2. CONTRACTOR IS RESPONSIBLE FOR PROVIDING SUFFICIENT PLANT MATERIAL TO PARTERRE CPARKING 3 I I /// k2SCOVER AREAS SHOWN ON THE PLANS. SITE PLANNING SPACES I I /URBAN DESIGN n 3. INSTALL ALL PLANT MATERIALS IN ACCORDANCE WITH DETAILS. ALL FINISH LANDSCAPE ARCHITECTURE ________ ___________________________ GRADING AND PLANTING OPERATIONS SHALL BE CARRIED OUT IN ACCORDANCE 1221 HAYES AVENUE I� WITH THE PLAN NOTES, DETAILS AND SPECIFICATIONS. SANDIEGO, CALIFORNIA 92103 I I w PHONE: (619) 296-3713 DELIVERY TRUCK LOADING Fn 4. ALL NURSERY TYING MATERIALS AND TAPES SHALL BE REMOVED AT TIME OF L__ _JI I I I PLANTING. 5. CONTRACTOR SHALL NOTIFY THE OWNER'S REPRESENTATIVE 48 HOURS PRIOR TO DELIVERY OF PLANT MATERIALS TO THE SITE IN ORDER THAT THE QpLJ LANDSCAPE ARCHITECT CAN DETERMINE THE ACCEPTABILITY OF PLANT ENCLOSURE ' 1 II MATERIAL AT TIME OF DELIVERY. �TASH6. CONTRACTOR SHALL LOCATE PLANT MATERIAL AS SHOWN ON THE PLANTING -0 PLAN AND OBTAIN APPROVAL OF THE OWNERS REPRESENTATIVE PRIOR TO 00 / II INSTALLATION. SCALE THE LOCATION OF TREES AND SHRUBS FROM CENTER PROJECT: Ilk�- // - -, OF INDIVIDUAL SYMBOLS BASED ON OFFSETS FROM BUILDING OR HARDSCAPE FEATURES. CITY OF NEWPORT BEACH 7. CONTRACTOR SHALL INSTALL MINIMUM 3 INCH DEPTH OF WOOD MULCH IN ALL �jPLANTING AREAS. SEE SPECIFICATIONS FOR CLASS. NEWPORT BEACH FIRE STATION N0.1 &LIBRARY II 8. ALL PLANT MATERIAL IN SIMILAR CONTAINERS SHALL BE EVENLY MATCHED. 110 E BALBOA BLVD ------ ; 9. THE FINISH GRADE OF ALL SHRUB AND GROUNDCOVER AREAS SHALL BE FREE NEWPORT BEACH, CA 92661 _________ ______ _________________ ___ __ __ ____L__ ______ysc� __ �_ __�_� OF ROCKS 2 INCHES AND LARGER. SEE SHEET L2.1 FOR PLANT MATERIAL SYMBOL DESCRIPTIONS E. BALBOA BLVD. 10. ALL LANDSCAPE AREAS SHALL BE GRADED TO MAINTAIN A MINIMUM SLOPE OF 2 PER CENT FROM THE BUILDING TO DRAINS, CURBS AND WALKS. 11. VERIFY ALL UNDERGROUND UTILITY LOCATIONS PRIOR TO EXCAVATING FOR PLANT MATERIAL. SEE CIVIL IMPROVEMENT PLANS FOR LOCATIONS. 12. THE SURFACE AND SUBSURFACE SOIL IN ALL PLANTING AREAS SHALL BE RIPPED TO A MINIMUM DEPTH OF 6 INCHES. 13. AFTER ROUGH GRADING, SOIL SAMPLES SHALL BE TAKEN FROM TWO (2) LOCATION ON SITE AS DETERMINED BY THE OWNER'S REPRESENTATIVE. CONTRACTOR SHALL CONDITION THE PLANTING BACKFILL PER THE SOIL LAB'S ANALYSIS RECOMMENDATIONS. SEE SPECIFICATIONS FOR ADDITIONAL REQUIREMENTS. 14. THE CONTRACTOR SHALL CONTACT THE OWNER'S REPRESENTATIVE PRIOR TO BEGINNING LANDSCAPE WORK SO THAT THE OWNER'S REPRESENTATIVE CAN REVIEW THE PROJECT UTILITY LOCATIONS AND REVISE PLANS ACCORDINGLY IF NECESSARY. 15. SEE SPECIFICATIONS CONCERNING WEED ERADICATION SCHEDULE PRIOR TO BEGINNING IRRIGATION AND PLANTING OPERATIONS. 16. ALL TREES, SHRUBS AND GROUNDCOVERS SHALL BE HAND WATERED WHILE IRRIGATION SYSTEMS ARE BEING REPAIRED OR REROUTED. PLAN NOTES ROOT BARRIER, TYPICAL THIS SYMBOL. 2 SET CENTER OF TREE TRUNK 3'-0" FROM EDGE OF PAVING, TYPICAL. 3 CENTER TREE IN LENGTH AND WIDTH OF PARKING ISLAND, ALIGN WITH ADJACENT TREES, TYPICAL. 4 BIOBARRIER ROOT CONTROL FABRIC, TYPICAL THIS SYMBOL. WRAP LENGTH OF STORM DRAIN PIPE WITH 19.5" WIDTH OF FABRIC, NODULES FACING OUT. OVERLAP FABRIC MINIMUM 1" AT FABRIC EDGE. EXTEND FABRIC WRAP 5-0" FROM CENTER OF TREE TRUNK. rj MAINTAIN 10'-0" OFFSET FROM WATER AND SEWER UTILITY. CITY CONTRACT NO. C-8865-1 DESCRIPTION: DATE: 50% DESIGN 8/12/24 DEVELOPMENT 100% DID INTERNAL 9/12/24 REVIEW 100% DESIGN 9/30/24 DEVELOPMENT 60% CONSTRUCTION 1/15/25 DOCUMENTS PERMIT SUBMITTAL 3/11/25 NOT FOR CONSTRUCTION PROJECT NUMBER: 202401 SHEET TITLE: PLANTING PLAN AND NOTES SHEET NUMBER: L2mO WATER EFFICIENCY LANDSCAPE WORKSHEET/CALCULATIONS PLANT MATERIAL LEGEND - TREE / SHRUBS Referenced Evapotranspiration (ETo) 44.7 Landscape Area Sector Type Non —Residential Hydrozone And Planting Description Plant Factor (PF) Irrigation Method Irrigation Efficiency (IE) ETAF (PF/IE) Landscape Area (Sq. Ft,) ETAF x Area Estimated Total Water Use (ETWU) LOW 1 0.2 SUBSURFACE .81 .24 3,366 SF 808 22,381 (ALL PLANTING DRIP AREAS IN LOW 1 AVERAGE TOTAL TOTAL CATEGORY) .24 3,366 SF 808 Average ETAF for IN NOT IN Regular Landscape Areas COMPLIANCE COMPLIANCE TOTAL LANDSCAPE AREA — 3,366 SITE WIDE ETAF — .24 ETWU TOTAL / GALLONS PER YEAR — 22,381 MAWA TOTAL / GALLONS PER YEAR — 41,972 OSHRUB. TROOTBALL. TOP OF ROOTBALL MIN. 1" ABOVE FINISH GRADE. O3" DEPTH OF WOOD MULCH WITHIN BASIN. 4� 4" HIGH SOIL BERM, FIRMLY COMPACTED. OPLANT TABLETS. SYMBOL BOTANICAL NAME COMMON NAME TREES Q HYMENOSPORUM FLAVUM QO GEIJERA PARVIFLORA 0 PLATANUS RACEMOSA SWEETSHADE AUSTRALIAN WILLOW WESTERN SYCAMORE SIZE REMARKS 36" BOX 11'-13' HT. / 4'-5' SP. STANDARD 36" BOX 12'-14' HT. / 5'-6' SP. STANDARD 36" BOX 13'-15' HT. / 6'-8' SP. STANDARD MINIMUM DETAIL WUCOL QUANTITY CALIPER CLASS ZONE 3 2.5" A MODERATE 1 251 A LOW 1 251 A LOW 5 SHRUBS OALOE DAWAI ORANGE FLAME ALOE 5 GAL. SUCCULENT LEAVES, GREEN COLOR B LOW 8 CAREX DIVULSA BERKLEY SEDGE 5 GAL. FULL, BUSHY, GOOD GREEN COLOR B LOW 87 CARPENDERIA CALIFORNICA "ELIZABETH" BUSH ANEMONE 5 GAL. FULL, BUSHY, GOOD GREEN COLOR B LOW 4 OLEYMUS CONDENSATUS "CANYON PRINCE" CANYON PRINCE WILD RYE 5 GAL. FULL, BUSHY, GOOD GREEN COLOR B LOW 12 CANYON PRINCE "j LOMANDRA "PLATINUM BEAUTY" VARIEGATED DWARF 5 GAL. FULL, BUSHY, GOOD GREEN COLOR B LOW 29 MATT RUSH ROSMARINUS OFFICINALIS "TUSCAN BLUE" UPRIGHT ROSMARY 5 GAL. FULL, BUSHY, GOOD GREEN COLOR B LOW 25 WESTRINGIA FRUTICOSA "MORNING LIGHT" MORNING LIGHT 5 GAL. FULL, BUSHY, GOOD GREEN COLOR B LOW 38 COAST ROSEMARY eWESTRINGIA FRUTICOSA "MUNDI" LOW COAST ROSEMARY 5 GAL. FULL, BUSHY, GOOD GREEN COLOR B LOW 27 ROOT BARRIER ROOT BARRIER, SEE PLAN FOR LOCATIONS. ANY TREE WITHIN 10' OF PAVING, FOOTING, BUILDING OR ANY OTHER HARDSCAPE SHALL HAVE ROOT BARRIER INSTALLED A MINIMUM OF 18" IN DEPTH, AND 0' IN LENGTH, CENTERED ON THE CENTERLINE OF THE TREE TRUNK (5' EACH SIDE). SEE SPECIFICATION FOR TYPE OF ROOT BARRIER. NOTE: PLANT MATERIAL QUANTITIES LISTED IN THE LEGEND ARE FOR THE CONTRACTOR'S REFERENCE ONLY. THE CONTRACTOR IS REQUIRED TO COMPLETE A THOROUGH TAKEOFF OF REQUIRED PLANT MATERIAL SHOWN ON THE PLANS. THE CONTRACTOR SHALL NOTIFY THE OWNER PRIOR TO SUBMITTING A BID OF ANY DISCREPANCIES IN QUANTITIES LISTED. THE CONTRACTOR IS REQUIRED TO INSTALL ALL PLANT MATERIAL SHOWN ON THE PLANS AS PART OF THE CONTRACT. OFINISH GRADE, SLOPES 6:1 OR LESS. OPLANTING BACKFILL. PUDDLE AND SETTLE. O8 MAXIMUM 2:1 SLOPE. OWOOD MULCH PER PLANTING NOTE 7. SHRUB PLANTING N.T.S. coar uc-�Iury unulir 9640 GRANITE RIDGE DR, SUITE 130 SAN DIEGO, CA 92123 619.698.9177 I www.coargroup.com PARTERRE SITE PLANNING URBAN DESIGN LANDSCAPE ARCHITECTURE 1221 HAYES AVENUE SAN DIEGO, CALIFORNIA 92103 PHONE: (619) 296-3713 PROJECT: CITY OF NEWPORT BEACH NEWPORT BEACH FIRE STATION NO.1 & LIBRARY 110 E BALBOA BLVD NEWPORT BEACH, CA 92661 i CITY CONTRACT NO. C-8865-1 O1 SET TRUNK PLUMB /CENTER IN PIT 5O AMENDED BACKFILL SOIL. REMOVE ROCKS DESCRIPTION: DATE: O2 3" DEPTH OF WOOD MULCH WITHIN BASIN, TYPICAL. 4" AND LARGER. 50% DESIGN 8/12/24 6O 3 CU. FT. OF 3/4" GRAVEL AT BASE OF PIPE. DEVELOPMENT O3 4" ABS FILTER FABRIC WRAPPED PERFORATED 7 O ROOT BALL. TOP OF ROOTBALL MIN. 1" ABOVE 100% DID INTERNAL 9/12/24 STAND PIPE WITH REMOVABLE SOLID PVC CAP. FINISH GRADE. REVIEW MINIMUM LENGTH 5-0". 100% DESIGN 9/30/24 8O FINISH GRADE. DEVELOPMENT O4 PLANT TABLETS, DEPTH PER SPECS. 9O2" DIA. LODGE POLE PINE STAKE, 2 EACH 10' 60%CONSTRUCTION 1/15/25 MIN., 12' LONG FOR 24" AND 36" BOX TREE SIZE, DOCUMENTS SET ONE STAKE PERPENDICULAR TO PREVAILING PERMIT SUBMITTAL 3/11/25 WIND. FOR MULTI —TRUNK TREES INSTALL A MINIMUM OF 1 STAKE WITH TIES PER TRUNK. 10 "CINCH TIE" BY U.I.T. OR EQUAL, 2 LOCATIONS, 4 EACH. 14 11 SET ROOT BALL ON UNDISTURBED NATIVE SOIL. 10 9 12 4" HIGH SOIL BERM, FIRMLY COMPACTED. 2 1 13 "CENTURY" ROOT BARRIER CP OR APPROVED EQUAL, SEE NOTE. 12 16 14 CUT STAKES 6" BELOW CANOPY. 3 15 CONC. WALK, STEP, WALL, CURB, FOUNDATION OR WATER QUALITY TREATMENT BMP LINER. ° 16 WOOD MULCH PER PLANTING NOTE 7. NOT FOR 4 CONSTRUCTION NOTE: INSTALL STAND PIPE AND GRAVEL AT BASE WITH SPECIMEN (24" BOX & LARGER) TREE ONLY. INSTALL 10 FOOT LENGTH OF ROOT CONTROL SYSTEM CENTERED ON THE TRUNK FOR ALL TREE ROOTBALLS LOCATED WITHIN 5-0" OF CONC. WALKS, STEPS, CURBS, WALLS, OR FOUNDATIONS. MINIMUM 18" DEPTH. SPECIMEN TREE PLANTING DOUBLE STAKE N.T.S. PROJECT NUMBER: 202401 SHEET TITLE: PLANTING LEGEND, DETAILS, WATER EFFICIENCY WORKSHEET SHEET NUMBER: L2ml Attachment H Appellant's Appeal Application to Planning Commission �EV'PO Appeal Application City Clerk's Office N+ Z 100 Civic Center Drive / P.O. Box 1768 A/ - NAP Newport Beach, CA 92658-8915 ` 1 949-644-3005 Clerk's Date & Time Stamp XUl 8 32� p m2:59 Appeals are time sensitive and must be received by the City Clerk within the specified time period from a decision or final action by a decision -maker. It is advisable to consult with the Department managing the issue if there is question with regards to appealing an action. This is an appeal of the: ® (CDD222) Community Development Director Action to the Planning Commission - $2116 ❑ (CDD222) Zoning Administrator Action to the Planning Commission - $2116 ❑ (CDD222) Coastal Development Application CDP Appeal from Zoning Admin to the Planning Commission (only if appeal is solely based on the CDP portion of the application) - No Fee ❑ (CDD222) Planning Commission Action to the City Council - $2116 ❑ (CDD222) Community Development Director Action to the Harbor Commission - $623 ❑ (CDD222) Harbor Commission Action to the City Council (CDD - Planning) - $498 ❑ (CDD222) Hearing Officer Action to the City Council - $2116 ❑ (CDD223) Building Official/Fire Marshal Action to the Building/Fire Board of Appeals - $1827 ❑ (CDD224) Chief of Police Action on an Operator License to the City Manager - $1033 ❑ (RSS073) City Manager Action on a Special Events Permit to the City Council - $1953 ❑ (HBR001) Harbormaster Action to the Harbor Commission - $622 ❑ (HBR001) Harbor Commission Action to the City Council (Harbor Department) - $498 ❑ (PBW018) Public Works Director Action to Harbor Commission - $1446 ❑ (PBW018) Harbor Commission Action to City Council (Public Works Department) - $691 ❑ Other - Specify decision -maker, appellate body, Municipal Code authority and fee: Appellant Information: Name(s): The Friends of Library Park Address: c/o Christopher L. Pitet, 100 Bayview Circle, Suite 210 City/State/Zip: Newport Beach, CA 92660 Phone: (949) 502-7760 Appealing Application Regarding: Email: cpitet@apjuris.com Name of Applicant(s): City of Newport Beach - Public works Dept. Date of Final Decision Project No.: Staff Approval No. PA2025-0130 Activity No.: Application Site Address: 100 East Balboa Boulevard July 3, 2025 Description of application: Proposed changes to Coastal Development Permit No. PA2024-0140, consisting of revised landscape plans. Reason(s) for Appeal (attach a separate sheet if necessary): See attached Signature of Appellant: CAZ�4/04� /L 1046-t- Date: FOR OFFICE USE ONLY: Date Appeal filed and Administrative Fee received: J,,� 4 $ 20'3-5 . -For C4 ClUrk cc: Department Director, Deputy Director, Staff, File July 18, 2025 PO RJ 0 u s PlUserslC eal Application 7<I F0 fRk dated 9/17/2024 18-67 APJURIS.COM ATTORNEYS AND COUNSELORS NEWPORT BEACH I SAN MARCOS I LAS VEGAS July 18, 2025 Laura Rodriguez Assistant Planner Community Development Department 100 Civic Center Drive Newport Beach, CA 92660 LRodriguez@newportbeachca.gov Re: Appeal of Staff Approval No. PA2 025-013 0 Dear Ms. Rodriguez: CORRESPONDING OFFICE 100 BAYVIEW CIRCLE, SUITE 210 NEWPORT BEACH. CA 92660 WRITER'S DIRECT E-MAIL cpitet@apjuris.com WRITER'S DIRECT DIAL NUMBER 949.502.7760 We represent the Friends of Library Park ("FLP"), an association of residents from the City of Newport Beach (the "City") who strongly oppose the removal of the sole remaining Blue Gum Eucalyptus tree no. 3517580 (the "Landmark Tree") in Library Park at 100 Balboa Boulevard, Newport Beach, CA 92661. The subject of media coverage and a defining symbol of a community, the Landmark Tree must be preserved. See Michele Gile, Newport Beach Residents Fight Back Against City's Plan to Remove Eucalyptus Tree Home to Great Blue Herons, CBS News (Jan. 30, 2024), https://www.cbsnews.com/losangeles/news/newport-beach-residents-fight-back-against- citys-plan-to-remove-eucalyptus-tree-home-to-great-blue-herons/. In September 2024, the City Council approved Coastal Development Permit No. PA2024- 0140, which authorized (1) the demolition of the existing Balboa Branch Library and Fire Station No. 1, (2) the removal of the Landmark Tree, and (3) construction of a 10,900 square foot building that will house a new fire station and library. The City's initial approval of this project was based on faulty information, did not follow mandated protocols such as the City's Local Coastal Plan ("LCP") and G-1 Tree Policy. In fact, when confronted with evidence of the health of the Landmark Tree, and clear evidence showing removal was improper under the City's policies, Mayor Will O'Neill waived the City's G-1 Tree policy —which is designed to afford enhanced protection of Landmark Trees, especially those located within the Local Coastal Zone ("LCZ") that currently serve as a rookery for nearly two dozen Blue Herons. By waiving the City's only concrete guardrail for protecting Environmentally Sensitive Habitat Areas ("BSHAs"), it has become abundantly clear that the City lacks any protections for Landmark Trees, much less the sensitive natural habitat for wildlife in the LCZ. 18-68 Letter to Laura Rodriguez RE: Appeal File No.: 586-01 Date: July 18, 2025 Page 2 In October 2024, the FLP appealed the City's decision to the California Coastal Commission ("Coastal"). FLP's arguments included (but were not limited to) the irreparable harm that the project will cause to the federally protected, nesting Blue Heron birds and complete disregard for a healthy Landmark Tree solely because it is located on the site where an approximately 11,000 square foot building is proposed to be constructed. On July 3, 2025, the FLP received a revised project approval and Staff report from Ms. Laura Rodriguez proposing a modification to Coastal Development Permit No. PA2024-0140, encompassing the elimination of one parking stall and addition of a single Western Sycamore tree in its place. This letter shall serve as the FLP's formal appeal of the revised project approval (the "Amended Proposal"). The FLP's grounds for appeal include, but are not limited to, the following: The revised project still does not address the glaring deficiencies in the City's Local Coastal Plan. Rather than addressing FLP's core concerns about the City's lack of any standards in the LCP for protecting Landmark Trees (especially after the City's G-1 Tree policy was conveniently waived) and ESHAs, the Amended Proposal merely attempts to mitigate their symptoms —here, for example, the imminent harm that the federally protected nesting Blue Heron birds, in the sole remaining Landmark Tree located in Library Park, will suffer. These mitigation efforts serve as a tacit concession that the project at issue will cause environmental harm —especially to the nearly two dozen Blue Heron birds that have long called the Landmark Tree "home." Until the City devises and implements an LCP that provides meaningful and clearly articulated guidelines for construction projects like the one here, the project will only highlight the flaws in the City's LCP. Given these deficiencies —which undermine any suggestion that the City has grounds for proceeding with the project —the Landmark Tree must be left unharmed, and the nesting Blue Heron birds undisturbed. The City's proposed changes do not actually mitigate any environmental harm or demonstrate compliance with the Migratory Bird Treaty Act. The City's Amended Proposal suggests planting Western Sycamore trees "in order to better support nesting birds." (Amended Proposal at 2). But this suggestion —which relies on (without a valid basis) the Dudek Report — ignores a simple fact: the Western Sycamores will not reach maturity for 20-30 years after they are planted, and "herons favor tall, mature trees." (Dudek Report at 1). Thus, the City's proposed changes do nothing to protect the birds now, when mitigation matters most. And at bottom, they predicate the project's approval on the same problematic circumstances that prompted the City to revise the project in the first place. Additionally, on June 27, 2025, the City, in consultation with Dudek, released its initial drafts I of the Recreation and Natural Resources Elements. One of its primary goals includes using reasonable efforts to evaluate tree canopy cover in parks and the public right-of-way. (Draft Report ' Available at https://newportbeach.legistar.comNiew.ashx?M=F&ID=14325578&GUID=5E2BD777-3BA8-4B14- B40C-96D8C61 D5475. 18-69 Letter to Laura Rodriguez RE: Appeal File No.: 586-01 Date: July 18, 2025 Page 3 at 7). The Landmark Tree provides canopy cover to both the existing Mini Park located behind the Library at 100 Balboa Boulevard and the adjacent sidewalk, yet the City suggests chopping it down and replacing it with trees which will take numerous years to grow to the same height and will provide no coverage in the interim. Removing this beloved Landmark Tree will not further the Natural Resources Element guide's purpose of "guid[ing] the conservation, protection, development, and use of natural resources ... as well as the preservation of cultural and historic resources." (Draft Report at 10). Finally, the Dudek report speculates that two nearby Eucalyptus trees (across the street from Library Park) as temporary homes for the nesting Blue Herons. But the nearby trees are nowhere near adequate to home the current population of Blue Herons making an active rookery in the Landmark Tree. 18-70 Letter to Laura Rodriguez RE: Appeal File No.: 586-01 Date: July 18, 2025 Pam If these trees were well -suited to housing Blue Herons, they would already be nesting in them right now, in the aftermath of the City's removal of several other Blue Gum Eucalyptus trees in Library Park. But as video footage makes clear, there are no such rookeries in the surrounding trees. And there is little wonder why: compared to the towering, healthy, and thriving Landmark Tree, the surrounding trees would leave the Blue Herons vulnerable and exposed. The City's proposal is not exempt under the California Environmental Quality Act. California Environmental Quality Act exemptions must be "construe[d] ... narrowly in order to afford the fullest possible environmental protection[.]" Save Our Carmel River v. Monterey Peninsula Water Mgmt. Dist., 141 Cal. App. 4th 677, 697 (2006), as modified (July 21, 2006). As previously explained in prior correspondence with the City, The Amended Proposal erroneously states that the project is categorically exempt from the California Environmental Quality Act ("CEQA") under Class 1, Class 2, and Class 3. Class I Exemptions apply to the operation, repair, maintenance, or minor alterations of existing public structures. The City's proposed project cannot be considered an alteration to an existing structure because the previous structures are to be demolished and replaced with an entirely new structure. Available at https://www.youtube.com/watch?v=9HkPH-RpO4k&featurefyoutu.be. 18-71 Letter to Laura Rodriguez RE: Appeal File No.: 586-01 Date: Julv 18. 2025 Paae 5 Class 2 at most exempts the "[r]eplacement of a commercial structure with a new structure of substantially the same size, purpose, and capacity," but it "does not cover expansions in use or capacity of the facility to be replaced or reconstructed." See § 15302(b). Here, the two existing buildings are not being replaced with buildings of substantially the same size, purpose, or capacity because the library is being replaced with a fire station and the fire station is being replaced with a library — buildings which have two very distinct and dissimilar purposes. After demolition of the two structures, the library and firehouse will be relocated to the site of the other. • Class 3 applies to construction projects that do not exceed 10,000 square feet in floor area if the area surrounding the project is not "environmentally sensitive." But the City concedes the project here will take up 10,900 square feet and the construction will take place in a Mini Park located within the City's LCP in a clear ESHA. And it is no response to say the project only "nets" a 3,000 square foot addition, when accounting for the existing square footage of the two existing structures, because those structures will be demolished. Post demolition, the construction project will of necessity start from 0 square feet and reach approximately 11,000 square foot in total. There is no basis in CEQA regulations or case law interpreting CEQA that provides for square foot credit from prior structures that have been demolished or removed, Accordingly, the proposed 10,900 square foot addition necessarily exceeds Class 3's exemption. The revised project violates Cal. P.R.C. § 30240's protections for ESHAs. ESHAs are defined as "any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments." Cal. P.R.C. § 30107.05. Examples of ESHAs provided in the City's LCP include native riparian habitats, because "of their rarity and because of their important roles in the ecosystem" —as evinced by the "many species of birds nest and roost in riparian habitat." (LCP 4-3). Here, the Landmark Tree provides a sanctuary for the federally protected nesting Blue Heron birds —thus playing vital role in the local ecosystem, and making it worthy of consideration as an ESHA. Cal. P.R.C. § 30240 protects ESHAs "against any significant disruption of habitat values," and states that only "uses dependent on those resources shall be allowed within those areas." Cal. P.R.C. § 30240. The phrase "dependent on those resources" means "resources that make an area a protected habitati.e., `plant or animal life or their habitats [that] are either rare or especially valuable because of their special nature or role in an ecosystem."' McAllister v. California Coastal Com., 169 Cal. App. 4th 912, 928 (2008), as modified (Jan. 20, 2009). Accordingly, developments inside ESHAs are limited "to uses that are dependent on the resources to be protected and that do not significantly disrupt habitat values." Id. at 929. 18-72 Letter to Laura Rodriguez RE: Appeal File No.: 586-01 Date: July 18, 2025 Page 6 The proposed construction project here does not contemplate a resource -dependent use. Instead, it proposes a resource -liquidating use: the removal of the Landmark Tree, and the Blue Heron nests which take refuge on it, in order to build a library and firehouse. Accordingly, the project runs afoul of Cal. P.R.C. § 30240. We would appreciate you confirming receipt of this appeal by emailing me at the email address above. Further, please let us know the steps and timeline for the City Council's consideration of and action on this important appeal. Thank you. Very truly yours, ON M Christopher L. Pitet cc: planning@newportbeachca.gov 18-73 Attachment I Resolution No. PC2025-021 18-74 Docusign Envelope ID: AA1F9A43-0620-4890-829C-2CF03DA488AA RESOLUTION NO. PC2025-021 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA UPHOLDING THE COMMUNITY DEVELOPMENT DIRECTOR'S APPROVAL OF MINOR CHANGES TO COASTAL DEVELOPMENT PERMIT NO. PA2024-0140 FOR THE REDEVELOPMENT OF FIRE STATION NO. 1 AND BALBOA BRANCH LIBRARY LOCATED AT 100 EAST BALBOA BOULEVARD (PA2025-0130) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by the City of Newport Beach Public Works Division ("Applicant"), with respect to the property located at 100 East Balboa Boulevard and legally described as Block 2 of the East Newport Tract ("Property") requesting to uphold the Community Development Director's approval of Staff Approval No.PA2025-0130. 2. The Parks, Beach and Recreation ("PB&R") Commission held a public meeting on March 5, 2024, to consider the concept designs for the redevelopment of Fire Station No. 1 and Balboa Branch Library, as well as review recommendations for the removal of two diseased trees— a Blue Gum Eucalyptus tree and Canary Island Date Palm tree ("Special City Landmark Trees"). At the public meeting, the PB&R Commission approved the removal of the two diseased trees due to their decaying advancement rate. 3. On June 14, 2024, Christopher Pitet ("Appellant"), representing The Friends of the Library Park, filed an appeal of the PB&R Commission's decision to remove the Blue Gum Eucalyptus tree to the City Council. Appellant did not contest the removal of the Canary Island Date Plam tree. 4. A public hearing was held on September 24, 2024, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of the time, place, and purpose of the hearing was given in accordance with the Newport Beach Municipal Code ("NBMC"). Evidence, both written and oral, was presented to and considered by the City Council at this hearing. At the public hearing, the City Council reviewed the appeal for the removal of the tree, as well as a coastal development permit ("CDP") for the redevelopment of the fire station and library. Several members of the public, including the appellant, spoke in opposition to the project. The comments discussed the appropriate California Environmental Quality Act ("CEQA") exemptions for the CDP, the potential impact that the redevelopment could have to bird habitats on the Property, compliance with City Council Policy G-1, preservation of the Blue Gum Eucalyptus tree, and the project's design layout. Subsequent to the public comments, the City Council adopted Resolution No. 2024-72, approving Coastal Development Permit No. PA2024-0140, authorizing the demolition and reconstruction of the fire station and library. The City Council also denied the appeal and upheld the PB&R decision to remove the two diseased Special City 18- 75 Docusign Envelope ID: AA1F9A43-0620-4890-829C-2CF03DA488AA Planning Commission Resolution No. PC2025-021 Page 2 of 8 Landmark Trees. In accordance with Section 20.10.040(A) (Applicability of Zoning Code) of the NBMC, the project was exempted from Title 20 permitting requirements. 5. On October 24, 2024, the Appellant filed an appeal of the CDP with the California Coastal Commission ("CCC"), citing concerns about the removal of the diseased Blue Gum Eucalyptus tree and the potential displacement of nesting Great Blue Herons. In consideration of the appeal application, the City and CCC staff worked collaboratively on appropriate revisions to the approved CDP landscape plan which would provide modified tree species to better support nesting birds. The CCC has not made a final determination on the Appellant's appeal of the CDP. 6. On July 3, 2025, the Community Development Director approved Staff Approval No. PA2025-0130 for landscape and parking layout changes to CDP No. PA2024-0140, collectively referred to as the "Project." These changes address the CCC's concerns regarding the displacement of nesting birds. The Project includes replacing the Catalina Ironwood trees along Island Avenue and the California Sycamore trees along East Bay Ave with Western Sycamore trees. Additionally, the planting areas within the parking lot along East Bay Avenue will feature a Sweetshade tree and an Australian Willow tree, replacing the originally proposed California Sycamores. The revised landscape changes will alter the parking layout and result in the loss of one surplus parking space. 7. On July 18, 2025, the Appellant filed an appeal of the Project. The Appellant objected to the CEQA exemptions utilized citing concerns that the replacement trees are insufficient for nesting birds, and that the Project does not protect environmentally sensitive habitat areas ("ESHA"). 8. The Property is designated Public Facilities (PF) by the General Plan Land Use Element and is located within the Public Facilities (PF) Zoning District. 9. The Property is located within the coastal zone. The Coastal Land Use Plan ("CLUP") category is Public Facilities (PF), and the Property is located within the Public Facilities (PF) Coastal Zoning District. 10. The Project entails minor changes and does not include or propose any change in the density or intensity of land use when compared to the approved CDP. Therefore, the Project is not considered development as defined in NBMC Chapter 21.70 (Definitions). For this reason, a new CDP is not required. 11. A public hearing was held by the Planning Commission on September 18, 2025, in the City Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of the time, place, and purpose of the hearing was given in accordance with California Government Code Section 65950 et seq. ("Ralph M. Brown Act") and Chapter 20.62 (Public Hearings) and Chapter 21.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to and considered by the Planning Commission at this hearing 18-76 Docusign Envelope ID: AA1F9A43-0620-4890-829C-2CF03DA488AA Planning Commission Resolution No. PC2025-021 Page 3 of 8 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This Project is exempt from CEQA under Section 15302 under Class 2 (Replacement or Reconstruction) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The Class 2 exemption applies to the replacement or reconstruction of existing structures where the new structure will be located on the same site as the structure being replaced and substantially have the same purpose and capacity. In this case, the originally approved CDP identified the demolition and reconstruction of the fire station and library. The Project is substantially conforming to the scope of the approved CDP, which is the replacement or reconstruction of an existing library and fire station with a new library and fire station on the same project site. Therefore, the intent of Class 2 is being met and the Project's minor changes to landscaping and parking will not affect the Class 2 exemption. 3. The exceptions to this categorical exemption under Section 15300.2 are not applicable. The Project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. SECTION 3. REQUIRED FINDINGS. Pursuant to Section 21.54.070 (Changes to an Approved Coastal Development Permit) of the NBMC, the Community Development Director may authorize minor changes to an approved site plan, architecture, or the nature of the approved use without a public hearing following findings and facts in support of such findings are set forth: Finding: A. The changes are consistent with all applicable provisions of this Implementation Plan; Facts in SuDDort of Findina: The Property is located in the PF General Plan Land Use Plan Category, Coastal Land Use Plan Category, Zoning District, and Coastal Zoning District. These designations are intended to provide public facilities, including public schools, cultural institutions, government facilities, libraries, community centers, public hospitals, and public utilities. The Property is currently developed with a fire station and library and will be reconstructed to operate in the same manner. The Project's minor changes related to landscaping and parking do not alter the Property's land use and remain consistent with the intent of the PF designations. 18-77 Docusign Envelope ID: AA1 F9A43-0620-4890-829C-2CF03DA488AA Planning Commission Resolution No. PC2025-021 Page 4 of 8 2. As conditionally approved in the CDP, the landscape plan is required to comply with Section 21.30.075 (Landscaping) of the NBMC. The Project revisions replace certain tree species for the purpose of supporting nesting birds, which will continue to comply with Section 21.30.075 (Landscaping) of the NBMC and do not include any invasive species. Although the revised landscape plan will alter the Property's parking layout and result in the loss of one surplus parking space, the Property will continue to provide sufficient on - site parking. 3. A Tree Evaluation Report, dated May 5, 2025, was prepared by Dudek Consultants to assist the City in preparation of a revised landscape plan. The report, which was prepared by a biologist and urban forester, recommended the use of the Western Sycamore tree species due to its ecological value, compatibility with the Southern California climate, and structural suitability for nesting birds, such as Blue Herons. The report noted that mature eucalyptus trees located directly across from the Property at the intersection of Island Avenue and West Bay Avenue, provide the size, height, and structural characteristics, which are well -suited locations for heron nesting during the reconstruction and replanting phase of the Project. An existing hoop pine tree, which is located in the median southeast of the library, also provides viable nesting options. The report notes that these trees should help minimize disruption to the nesting cycle during the Project's reconstruction while the newly planted trees mature and develop sufficient canopy coverage to support long-term habitat needs. The Project utilizes the recommendations of the report and has provided an updated landscape plan that better serves nesting birds. 4. As conditionally approved in the CDP, the demolition and reconstruction of Fire Station No.1 and Balboa Branch Library are subject to comply with the Migratory Bird Treaty Act ("MBTA"), which is intended to ensure the sustainability of populations of all migratory bird species. Additionally, the Applicant is required to conduct a pre -construction nesting survey prior to the demolition of the structures. The survey allows the Applicant to identify areas with active nests and to create buffers to protect the nests from disturbance during construction. The Project, which provides an updated landscaping plan and parking layout, will not affect compliance with these conditions of approval. Finding: B. The changes do not involve a feature of the project that was a basis for or subject of findings or exemptions in a negative declaration or Environmental Impact Report for the project, Facts in Support of Finding: The Project primarily affects landscaping which is intended to provide additional support to bird nesting habitats. No alterations to the CDP's approved floor area, height, or use are being requested. While the Project will result in the loss of one parking space, the Property will continue to provide sufficient on -site parking. The Project is substantially conforming to the scope of the approved CDP, which is the replacement or reconstruction of an existing library and fire station with a new library and fire station on 18-78 Docusign Envelope ID: AA1F9A43-0620-4890-829C-2CF03DA488AA Planning Commission Resolution No. PC2025-021 Page 5 of 8 the same site. Therefore, the requested changes will not affect the Class 2 (Replacement or Reconstruction) exemption under the CEQA Guidelines. 2. The findings set forth in Section 2 (California Environmental Quality Act Determination) above are hereby incorporated for reference. Finding: C. The changes do not involve a feature of the project that was specifically addressed or was the subject of a condition(s) of approval for the project or that was a specific consideration by the applicable review authority in the project approval; Facts in Support of Finding: 1. The Project's proposed parking layout, which removes one surplus parking space, does not involve a feature that was specifically conditioned or addressed by the approved CDP. 2. While the Project modifies certain proposed tree species to provide added support to nesting birds, the revised landscape plan will continue to be consistent with Title 21 landscape standards. Therefore, the Project complies with Condition of Approval No. 14 of the approved CDP, which requires the Applicant to submit a final landscape and irrigation plan prior to the issuance of a building permit. Finding: D. The changes do not result in an expansion or change in operational characteristics of the use; Facts in Support of Findina: 1. The approved CDP authorized the demolition of the Balboa Branch Library and Fire Station No. 1, along with the removal of two diseased trees, to allow for the construction of a new City fire station and library. The Project's revisions do not change the approved use, height, or floor area of the CDP. While the Project's changes will result in the loss of one surplus parking space, the Property will continue to provide sufficient on -site parking. Finding: E. Do not alter the facts in support of the findings required by Section 21.52.015(F) and any other application section of this Implementation Plan. 18-79 Docusign Envelope ID: AA1F9A43-0620-4890-829C-2CF03DA488AA Planning Commission Resolution No. PC2025-021 Page 6 of 8 Facts in SUDDort of Findina: 1. The Project's revisions will not alter the original facts in support of the findings that were made to support the CDP's approval given that the changes are primarily affecting landscaping and parking. 2. On August 14, 2025, a memorandum was prepared by Dudek Consultants which discussed the protection status of nesting Great Blue Herons. Section 21.30B.030 (Environmentally Sensitive Habitat Areas) of the NBMC, defines ESHA as any area in which plant or animal life, or their habitats are either rare or are especially valuable because of their special nature or role in an ecosystem that could easily be disturbed or degraded by human activities and developments. The memorandum clarifies that while Great Blue Herons are provided protection under the MBTA, particularly while nesting, it is not federally listed as threatened or endangered under the Federal Endangered Species Act (FESA). Therefore, the Great Blue Heron is not a federally protected species and is considered a secure species, in California as well as globally, according to the California Department of Fish and Wildlife Natural Diversity Database. The memorandum also states that Great Blue Herons that nest on site are only protected while actively nesting and rookeries are not protected further. 3. The August 14, 2025, Dudek Consultants memorandum also evaluated whether the Blue Gum Eucalyptus tree qualifies as an ESHA. The memorandum states that the tree is not an ESHA and supports that its removal is not detrimental since it does not play a special role in an ecosystem given that it is located in a developed area as ornamental landscaping. The tree is also not a rare species and is non-native. 4. Additionally, Section 21.30B.030 (A)(1) (Environmentally Sensitive Habitat Areas — Exceptions) includes exceptions and states that ESHAs do not include existing developed areas. The Balboa Branch Library was constructed in 1929. Afire station was added to the existing library and has been operating as Fire Station No. 1 since 1962. The two buildings total approximately 7,930 square feet and are surrounded by residential, commercial, and mixed -used development. The August 14, 2025 Dudek memorandum affirms that the Property and eucalyptus tree qualify as exceptions under Section 21.30B.030(A)(1) of NBMC due to the Property's status as existing development. The memorandum also states that the Property lacks natural communities, coastal streams, rare plants or wildlife, and connectivity to other natural areas given that it is surrounded by development. 5. The Property is also not identified as one of the twenty-eight Environmental Study Areas within the City under Figure NR2 (Environmentally Study Areas) of the General Plan's Natural Resources Element. Additionally, the Property is not identified as a site with Biological Resources under General Plan Figure NR1 (Biological Resources) of the Natural Resources Element. 6. While existing trees on the Property will be removed, the Project provides proper mitigation by proposing a tree species that supports heron nesting. The future removal of the eucalyptus tree and any remaining nests would be conducted outside of the Docusign Envelope ID: AA1F9A43-0620-4890-829C-2CF03DA488AA Planning Commission Resolution No. PC2025-021 Page 7 of 8 nesting season (February through August) and after there is no active nesting, as determined by a biologist. Overall, the Project's revised changes continue to comply with the MBTA. 7. Fact 3 in support of Finding A above is hereby incorporated by reference. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby finds this project is categorically exempt from the California Environmental Quality Act under Section 15302 under Class 2 (Replacement or Reconstruction) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3 because it has no potential to have a significant effect on the environment. 2. The Planning Commission of the City of Newport Beach upholds the Community Development Director's approval of Staff Approval No. PA2025-0130, subject to the conditions outlined in Exhibit A, which is attached hereto and incorporated by reference. 3. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the Community Development Director by the provisions of Title 21 Local Coastal Implementation Plan, of the Newport Beach Municipal Code. Final action taken by the City may be appealed to the Coastal Commission in compliance with Section 21.64.035 of the City's certified LCP and Title 14 California Code of Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act. PASSED, APPROVED, AND ADOPTED THIS 18T" DAY OF SEPTEMBER, 2025. AYES: Ellmore, Gazzano, Harris, Langford, Rosene, and Salene ABSTAIN: None ABSENT: Reed BY: TVisfav, RaVV'is BY: Tristan Harris, Chair Jon Langford, Secretary Docusign Envelope ID: AA1 F9A43-0620-4890-829C-2CF03DA488AA Planning Commission Resolution No. PC2025-021 Page 8 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL (Project -specific conditions are in italics) All previous conditions of approval for Coastal Development Permit No. PA2024-0140 shall remain in full force and effect. 2. The development authorized by the Staff Approval filed as PA2025-0130 shall be in substantial conformance with the revised landscape plan. 18-82 Attachment J Planning Commission Meeting Minutes from September 18, 2025 Docusign Envelope ID: 51DF5D03-4004-4AC1-B42D-5F035B77F207 NEWPORT BEACH PLANNING COMMISSION MINUTES CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE THURSDAY, SEPTEMBER 18, 2025 REGULAR MEETING — 6:00 P.M. CALL TO ORDER - 6:00 p.m. PLEDGE OF ALLEGIANCE — Commissioner Ellmore III. ROLL CALL PRESENT: Chair Tristan Harris, Vice Chair David Salene, Secretary Jonathan Langford, Commissioner Curtis Ellmore, Commissioner Michael Gazzano, Commissioner Mark Rosene ABSENT: Commissioner Greg Reed Staff Present: Acting Community Development Director Jaime Murillo, Principal Civil Engineer Kevin Riley, Deputy City Attorney Jose Montoya, Civilian Investigator Wendy Joe, Associate Planner Jenny Tran, Senior Planner Joselyn Perez, Assistant Planner Laura Rodriguez, and Administrative Assistant Clarivel Rodriguez IV. PUBLIC COMMENTS — None V. REQUEST FOR CONTINUANCES — None VI. CONSENT ITEMS ITEM NO. 1 MINUTES OF SEPTEMBER 4, 2025 Recommended Action: Approve and file. Chair Harris opened public comment. There were none. Motion made by Commissioner Ellmore and seconded by Chair Harris to approve the meeting minutes of September 4, 2025, and incorporating revisions recommended by Jim Mosher. AYES: Ellmore, Gazzano, NOES: None ABSTAIN: None ABSENT: Reed VII. PUBLIC HEARING ITEMS Harris, Langford, Rosene, and Salene ITEM NO. 2 SOL MEXICAN COCINA RESTAURANT (PA2023-0144) Site Location: 251, 151 and 201 East Coast Highway and APNs 050-451-03 and 050-451-57 Summary: A request for a conditional use permit and coastal development permit to permanently retain a 641-square-foot outdoor dining patio for an existing restaurant (Sol Mexican Cocina) and construct an approximately 7-foot, 6-inch-tall glass/acrylic guardrail along the front of the outdoor dining patio. The existing outdoor dining patio consists of a platform deck with seating that was permitted on a temporary basis. The project requests to expand the existing Type 47 (On -Sale General — Eating Place) Alcohol Beverage Control License to include the outdoor 1 of 12 Docusign Envelope ID: 51DF5D03-4004-4AC1-B42D-5F035B77F207 Planning Commission Meeting September 18, 2025 dining area and reauthorize the off -site parking located on the adjacent lots at Balboa Marina (151 and 201 East Coast Highway and APNs 050-451-03 and 050-451-57). The hours of operation for the restaurant and outdoor dining patio are between 10 a.m. and 11 p.m., daily. No live entertainment, dancing, or late hours (after 11 p.m.) are proposed. If approved, this Conditional Use Permit and Coastal Development Permit would supersede Use Permit Nos. UP621 and UP651 and Accessory Outdoor Dining Permit Nos. OD49 and OD49A. Recommended Actions: 1. Conduct a public hearing; 2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) and Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 3. Adopt Resolution NO. PC2025-019 approving the Conditional Use Permit and Coastal Development Permit filed as PA2023-0144. Associate Planner Jenny Tran used a PowerPoint presentation to present the project location, zoning, and surrounding land uses, project description, existing conditions, requested approvals required by the City, and recommended modifications to the Conditions of Approval. She reported on receiving public comments from Linda Isle residents concerned about noise and light pollution and thus incorporated a Condition of Approval requiring a seven -foot six-inch wall or partition on the water side of the patio. In response to Chair Harris' inquiry, Associate Planner Tran confirmed that Code Enforcement has not received any complaints since 2020 for either the temporary dining patio or the permanent dining patio. In response to Chair Harris' inquiry, all commissioners confirmed that they had no ex Parte communications about this item. Chair Harris opened the public hearing. In response to Chair Harris' inquiry, Keisker & Wiggle Architects, Inc. owner Gary Wiggle, speaking on behalf of the applicant, confirmed agreement with all Conditions of Approval, including the two modified to reflect the existing Parking Agreement. In response to Secretary Langford's inquiries, Mr. Wiggle clarified that the permanent patio is fully enclosed with glass and thus contains its noise. He clarified that the temporary patio would gain a glass wall on the water side as a Condition of Approval, and it is also located further away from Linda Isle residents than the permanent patio. He reported that the permanent patio has glass sides up to where it meets the awning that serves as a roof. Leann Benvenuti, a Linda Isle resident, stated that she did not report the noise from the patio during the pandemic out of courtesy for a small business' operations. She added that there is still the same amount of noise from the patio audible at her home and reported on her history of fighting for restrictions at the restaurant at 333 Bayside Dr. She lamented the noise created by food deliveries. Jim Mosher stated that noise can be irritating even if residents have learned to live with it without 2of12 18-85 Docusign Envelope ID: 51DF5D03-4004-4AC1-B42D-5F035B77F207 Planning Commission Meeting September 18, 2025 complaint. He recommended limiting the outside use after 10:00 p.m. to coincide with the City's noise ordinance. He inquired about an entitlement issued to The Irvine Company to build a large restaurant at the western end of the parking lot and expressed concerns about parking if the entitlement remains valid. He inquired if Conditions of Approval on the property's existing CUP would all carry over to the new CUP presented in this item, citing a potential discrepancy in areas where alcohol sales are permitted in Condition of Approval No. 41. Paul Rozo echoed the comments of his neighbor, Ms. Benvenuti, about not wanting to harm businesses during the pandemic but being less tolerant of the regular noise now. He stated that a prohibition on live entertainment and a single glass panel will not prevent the audible noise of general operations on the patio. Donald McCalla, a Linda Isle resident, echoed the comments of Mr. Rozo and Ms. Benvenuti, recalling his years of fighting the 333 Bayside Dr. restaurant's plans due to noise concerns. Debbie Hartunian, a Linda Isle resident, agreed with her neighbors about needing to strike a balance between the local business and the noise heard by residents across the water. She requested that the patio not become permanent. She expressed concerns about both SOL and The Irvine Company's project's impacts on parking, lamenting that the current parking spaces face into her home, causing unwanted nighttime illumination from headlights. Mr. Wiggle reported that The Irvine Company's future parking needs were built into the site plan for SOL's patio. He added that there is a willingness on the applicant's behalf to limit the outdoor patio hours until 10:00 p.m. Acting Community Development Director Jaime Murillo reported that the patio at 333 Bayside Dr. is allowed to stay open until midnight, but has additional requirements for sound attenuation attached to its CUP. He noted that the applicant has stated a willingness to close the patio earlier than 11:00 p.m., adding that the facility will remain subject to the City's noise ordinance. He confirmed that the parking analysis for a future development by The Irvine Company accounted for SOL's parking requirement. He clarified that the intent of Condition of Approval No. 41 is to prohibit the sale of to -go alcohol for the entire establishment and not just the patio. Chair Harris closed the public hearing. In response to Commissioner Gazzano's inquiry, Acting Community Development Director Murillo confirmed that the entitlement for The Irvine Company remains active. In response to Vice Chair Salene's inquiries, Acting Community Development Director Murillo confirmed that Condition of Approval No. 16 is a standard noise -related condition for restaurants. He clarified that live entertainment is permitted under the current CUP but will not be under the new CUP. In response to Commissioner Rosene's inquiries, Acting Community Development Director Murillo confirmed that the Commission can apply a Condition of Approval related to the positioning of speakers playing recorded music on the patio. He added that the Commission could request additional landscaping, acknowledging his uncertainty over whether the intersection of Bayside Dr. and East Coast Highway is designated as a coastal view area. Commissioner Rosene reported that he visited the site this morning and agreed that it is easy to understand how light and sound could travel to Linda Isle. In response to Commissioner Ellmore's inquiries, Acting Community Development Director Murillo 3 of 12 18-86 Docusign Envelope ID: 51DF5D03-4004-4AC1-B42D-5F035B77F207 Planning Commission Meeting September 18, 2025 reported that noise complaints received by the City go to the Code Enforcement staff, who investigate and confirm if there is a violation. He reported that the first stage is a notice of violation to the operator, where the City works with the operator to bring them into compliance. He added that repeated violations can escalate into citations and further Code Enforcement actions. He confirmed that the City's Code Enforcement staff is trained and authorized to use a sound meter. He reported that the number of warnings issued before a penalty process begins can vary depending on how closely the operators are cooperating with City staff. He clarified that a CUP remains in effect until modified or revoked by the Planning Commission, or when superseded by a new CUP similar to this request. He confirmed that SQL's new CUP's Condition of Approval No. 7 does not allow for live entertainment, recorded music is permissible, and the outdoor patio is currently allowed to have amplified music. In response to Chair Harris' inquiry, Acting Community Development Director Murillo confirmed that restrictions on amplified music have been included as a Condition of Approval for other restaurants with patios near residential areas, adding that a similar condition could be included. In response to Commissioner Ellmore's inquiry, Acting Community Development Director Murillo confirmed that the current proposal is for the patio's operating hours to be the same as the restaurant's, ending at 11:00 p.m. He added that another alternative could be requiring amplified music hours on the patio to end earlier than 11:00 p.m. Vice Chair Salene expressed his support for the patio but not the noise. He stated amplified music on the patio should be shut down at a reasonable hour, such as 9:00 p.m. or 10:00 p.m. Commissioner Ellmore agreed with Vice Chair Salene's thoughts on earlier hours to help balance the interests of the applicant and residents. He recommended 8:00 p.m. as a cutoff time for amplified music on the outdoor patio and revisiting the patio for future reevaluation. In response to Commissioner Ellmore's inquiry, Acting Community Development Director Murillo confirmed that a future review of the noise can be a Condition of Approval, noting that 333 Bayside Dr. had a Condition of Approval calling for a one-year review. In response to Commissioner Gazzano's inquiry, Acting Community Development Director Murillo confirmed that the restaurant would be subject to the City's noise ordinance relative to the volume of the amplified music. Commissioner Ellmore moved to approve the item with Conditions of Approval for no amplified music on the patio after 8:00 p.m., a patio closing time of 10:00 p.m., and a one-year review of the patio's noise. Vice Chair Salene seconded the motion. Chair Harris reopened the public hearing. In response to an inquiry by Megan Hays, Facilities Manager for the restaurant, Acting Community Development Director Murillo confirmed that a live disc jockey would be considered live entertainment. Chair Harris and Commissioner Ellmore both added that Condition of Approval No. 7 would prohibit this live entertainment anywhere at the restaurant and not just on the open-air patio. Ms. Hays stated that they would be amenable to closing the outdoor patio by 9:00 p.m., acknowledging the residential noise concerns. 4 of 12 18-87 Docusign Envelope ID: 51DF5D03-4004-4AC1-B42D-5F035B77F207 Planning Commission Meeting September 18, 2025 In response to Commissioner Gazzano's inquiry, the applicant's representative agreed that they could work around a Condition of Approval barring amplified music on the patio after 8:00 p.m., although their preference would be to keep the music on until the patio closes at 9:00 p.m. Commissioner Ellmore clarified that the Commission's proposed revised Conditions of Approval call for an 8:00 p.m. cessation of patio music, a 10:00 p.m. closing of the patio, and a one-year review of the noise. Chair Harris clarified that the applicant accepts the 10:00 p.m. closing time and is further willing to close the patio earlier. In response to Chair Harris' inquiry, Ms. Hays agreed to the Commission's revised Conditions of Approval. Chair Harris closed the public hearing. In response to Chair Harris' inquiry, Commissioner Ellmore stated that he will not modify his motion from a 10:00 p.m. patio closing time to 9:00 p.m. Motion made by Commissioner Ellmore and seconded by Vice Chair Salene to approve the item with amended Conditions of Approval to include no amplified music on the patio after 8:00 p.m., a patio closing time of 10:00 p.m., and a one-year review of the patio's noise. AYES: Ellmore, Gazzano, NOES: None ABSTAIN: None ABSENT: Reed Harris, Langford, Rosene, and Salene ITEM NO. 3 MONROVIA TOWNHOMES (PA2025-0062) Site Location: 1580-1598 Monrovia Avenue and 865-899 West 16th Street Summary: A request to authorize the development of a for -sale residential townhome community with 89 dwelling units on a 4.34-acre property at the southeast corner of Monrovia Avenue and West 16th Street. The development includes four single -unit residences, 17 duplex buildings, and 51 attached townhome-style dwelling units ranging in size from approximately 2,000 gross square feet to 3,000 gross square feet. The single -unit and duplex buildings are located on the southern half of the site and will be a maximum of four stories, with a height up to 47 feet, 8 inches above finish grade. Townhome style units are located on the northern half of the site and will be a maximum of three stories, with a height up to 38 feet, 8 inches above finish grade. Private resident -serving amenities include a community pool and pedestrian walking paths with picnic tables and benches. Each unit will have an attached two -car garage with an additional 47 uncovered parking spaces distributed throughout the site for a total of 225 parking spaces. Vehicle access to the site is provided through two driveways on Monrovia Avenue and one driveway on 16th Street. The following approvals are required to implement the project: • Maior Site Development Review: Required for any project proposing five or more residential units with a tract map. The Major Site Development Review additionally allows for deviations from specific multi -unit objective design standards pursuant to Section 20.48.185 (Multi -Unit Objective Design Standards) of the Newport Beach Municipal Code (NBMC); and 5 of 12 18-88 Docusign Envelope ID: 51DF5D03-4004-4AC1-B42D-5F035B77F207 Planning Commission Meeting September 18, 2025 • Vesting Tentative Tract Map: Requested to merge two properties to create a single building site and allow for an airspace subdivision of the individual residential units for individual sale (i.e., for condominium purposes). Recommended Actions: 1. Conduct a public hearing; 2. Find that this project is not subject to further environmental review pursuant to Section 21083.3 of the California Public Resources Code (PRC) and Section 15183 of the California Environmental Quality Act (CEQA) Guidelines because the Project is consistent with the previously certified Program Environmental Impact Report (SCH No. 2023060699); and 3. Adopt Resolution No. PC2025-020, approving the Major Site Development Review and Vesting Tentative Tract Map filed as PA2025-0062. Senior Planner Joselyn Perez used a PowerPoint presentation to introduce the project location, existing conditions, zoning and surrounding land uses, a description of the project, the required approvals, and reviewed the development standards. She reported that staff received letters of support for the project from the California Housing Defense Fund, the Building Industry of Southern California, and a Newport Beach property owner. She added that one letter with concerns was submitted on behalf of Hixson Metal Finishing, raising issues of noise, aesthetics, ineligibility for a Section 15183 exemption under the California Environmental Quality Act (CEQA), and requests for notification to prospective tenants of nearby industrial uses. She confirmed that the notification to prospective tenants of nearby industrial uses and City noise ordinance compliance are required as Conditions of Approval. She also made minor modifications to the language in both Condition of Approval Nos. 9 and 10. In response to Commissioner Rosene's inquiry, Senior Planner Perez confirmed that the municipal code does not require a bicycle repair station at the corner of Monrovia Ave. and West 16th St. as an amenity, so it would be acceptable for the Commission to strike Condition of Approval No. 18, if so moved. In response to Chair Harris' inquiry, all Commissioners except for Vice Chair Salene reported ex Parte communications with the applicant. Chair Harris opened the public hearing. Rick Puffer, Executive Vice President of Intracorp Homes, stated that the applicant accepts the Conditions of Approval. He reported on other recent projects constructed by Intracorp, including the well -received 36-unit Isle at Mariner Shores in Newport Beach, and others in Orange County. He noted that the site was identified by the City as part of its current Regional Housing Needs Allocation (RHNA) cycle, with an overlay zoning district created for the site. He noted that the project complies with the zoning code, including a 20.5 units per acre density. He stated that the Publicly Accessible Open Space (PAOS) creates an inviting frontage to the community to be landscaped with shade trees, including undergrounding the power lines along Monrovia Ave. He noted that the project will exceed its parking requirement by 22 spaces between the garages and open spaces. Mr. Puffer presented a map of the area, noting how it is transforming into a residential hub, citing bicycle paths leading to Coast Highway and the beach, the variety of nearby parks, along with the 6 of 12 18-89 Docusign Envelope ID: 51DF5D03-4004-4AC1-B42D-5F035B77F207 Planning Commission Meeting September 18, 2025 availability of dining and fitness centers. He stated that the project's community benefits include bringing new residents to Newport Beach, benefitting the economy, adding a development with high -quality aesthetically pleasing architecture and 10,000 square feet of PAOS, and providing $3,417,600 of Park In -Lieu Fees. Chair Harris noted that Mr. Puffer confirmed that he agreed with the Conditions of Approval. In response to Commissioner Rosene's inquiry, Mr. Puffer confirmed that he would be willing to replace the bicycle repair station and racks with a specimen tree and other landscaping should the Commission opt to amend Condition of Approval No. 18. Mr. Mosher noted that he serves on the General Plan Advisory Committee's Noise Subcommittee but was speaking as an individual. He inquired whether the Commission had contemplated the unique noise concerns raised in the Hixson letter, discussed Condition of Approval No. 10's mandate to inform future residents of nearby industrial uses while lamenting that being notified does not prevent residents from complaining about industrial uses. He stated that the developer should be obligated through a Condition of Approval to pay for any potential future mitigation efforts for noise concerns He reported that this is the second major RHNA project to come forward, joining the Ford Road project, and neither has produced the number of units expected in the Housing Element, particularly at the lower income levels. He expressed concerns that future projects will require higher densities. Bruce Greene, Environmental Health and Safety Manager at Hixson Metal Finishing, reported that their facility is located 130 feet from the proposed project. He expressed concerns regarding impacts to Hixson's facility, as CEQA documents did not account for this type of development within an industrial zone. He reported that the Ebb Tide housing development was built 300 feet from their facility and immediately generated noise complaints against Hixson, leading to the construction of custom sound walls at the company's expense. He expressed concerns that the proposed project, located closer to Hixson and with taller buildings, will create similar noise complaints leading to additional mitigation expenses. He requested denial of the project until appropriate noise and land use studies are performed as part of the CEQA process. Adam Leverenz stated that any form of additional housing is appealing, considering the Statewide crisis, but lamented that the project is unlikely to be considered affordable housing based upon the renderings. He stated the City's housing proposals do not address the affordability issue. He commended the Covenants, Conditions and Restrictions (CC&R) that will require residents to park in their garages but expressed concerns over the potential for renters or others with the four - bedroom units exceeding the capacity of the two -car garages. He echoed Mr. Mosher and Mr. Greene's concerns about a long -existing job -providing business like Hixson potentially being forced out due to housing. Adam Wood, Senior Vice President of the Building Industry of Southern California — Orange County Chapter, commended the high level of detail in the application and staff presentation. He noted that the Hixson concerns have been received, and staff still recommends approval, lauding the ability for Newport Beach to add 89 new for -sale housing units. Mr. Puffer stated that the project attempts to accommodate different buyers by providing multiple product types. He confirmed that the existing industrial uses in the area will be disclosed to prospective residents, including ambient noise from facilities predating the housing development. He added that their homes are adequately noise -protected through the plan check process. He noted that the project's rooftop decks will be partially covered with windows, while 51 of the units will not have a rooftop deck. He added that, in addition to having 22 on -site parking spaces outside of resident garages, their parking figures do not include available street parking. 7 of 12 18-90 Docusign Envelope ID: 51DF5D03-4004-4AC1-B42D-5F035B77F207 Planning Commission Meeting September 18, 2025 Acting Community Development Director Murillo confirmed that Hixson has invested substantially in sound attenuation, specifically to address sound impacts from the installation of a new scrubber. He noted that Condition of Approval No. 9 puts the burden on the developer to attenuate the project from the ambient noise levels of the surrounding area. Chair Harris recommended that the Noise Subcommittee look deeper into permissible noise levels in future housing developments, including mixed -use developments. He noted that it is an unusual case where there can be noise compliance at ground level but not at 30 feet above grade due to noise escaping from a roof. In response to Commissioner Rosene's inquiry, Acting Community Development Director Murillo clarified that Hixson had added new equipment that was adding to the noise levels. He stated that the completion of their sound attenuation measures will establish a new ambient noise baseline. Chair Harris closed the public hearing. Secretary Langford lauded having a proposal for this area of the City. He expressed hopes that this development would encourage other builders to consider the area. He lauded the expanded sidewalk area as PAOS and expressed hopes that other developments could extend the PAOS and provide access to the Randall Preserve. He expressed confidence that the concerns from having industrial neighbors will be addressed through the Conditions of Approval. He commended Intracorp's work elsewhere in Newport Beach and expressed his support for the project. Commissioner Ellmore stated that he can make the findings necessary to approve the project and moved to approve the item. Commissioner Rosene lauded new for -sale housing within the area and called for consideration of the bicycle repair station to be removed and to provide for additional landscaping. Vice Chair Salene commended the project and encouraged Intracorp to make the industrial uses disclaimer prominent and not buried in the CC&Rs. He expressed his sympathies for Hixson's burden, arising only after residents move in. He recommended modifying the motion to remove Condition of Approval No. 18, agreeing with Commissioner Rosene's call for more landscaping in place of the bicycle repair station. In response to Chair Harris' inquiry, Acting Community Development Director Murillo confirmed that the public hearing would not have to be reopened because the applicant confirmed that they would be amenable to providing additional landscaping to replace the bicycle repair station. Chair Harris lauded the project's PAOS and underground powerlines to help energize the area. He added that the industrial area is fine for living, so long as the applicant is up front with potential residents about industrial uses. Commissioner Ellmore agreed to modify his motion to remove Condition of Approval No. 18. Motion made by Commissioner Ellmore and seconded by Chair Harris to approve the item with the removal of Condition of Approval No. 18. AYES: Ellmore, Gazzano, NOES: None ABSTAIN: None ABSENT: Reed Harris, Langford, Rosene, and Salene Chair Harris called for a recess at 7:33 p.m. The meeting resumed at 7:38 p.m. 8 of 12 18-91 Docusign Envelope ID: 51DF5D03-4004-4AC1-B42D-5F035B77F207 Planning Commission Meeting September 18, 2025 ITEM NO. 4 FIRE STATION NO. 1 AND BALBOA BRANCH LIBRARY LANDSCAPE CHANGES APPEAL (PA2025-0130) Site Location: 100 East Balboa Boulevard Summary: An appeal of the Community Development Director's July 3, 2025, decision to approve minor changes to Coastal Development Permit (CDP) No. PA2024-0140. The proposed changes include replacement tree plantings to further support nesting birds, such as great blue herons. Additionally, the revised landscape changes will alter the parking layout and result in the loss of one surplus parking space. No alterations to the CDP's approved floor area, height, or land use are being requested. Recommended Actions: 1. Conduct a de novo public hearing; 2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15302 under Class 2 (Replacement or Reconstruction) of the CEQA Guidelines, Title 14, Division 6, Chapter 3 because it has no potential to have a significant effect on the environment; and 3. Adopt Resolution No. PC2025-021 denying the appeal and affirming the Community Development Director's approval for Staff Approval filed as PA2025-0130. Acting Community Development Director Murillo reported that the City is the applicant for this item, as this is a City project. Assistant Planner Laura Rodriguez used a PowerPoint presentation to present the project location, project description, and existing conditions. She reported approvals from Parks, Beaches and Recreation (PB&R) Commission for the removal of two diseased Special City Landmark Trees, a Blue Gum Eucalyptus and a Canary Island Date Palm with the action being appealed to the City Council which denied the appeal and approved the project's CDP on September 24, 2024. She added that the City Council's decision was appealed to the California Coastal Commission (CCC) due to concerns over removing the blue gum eucalyptus tree and its potential displacement of nesting birds. She reported that City staff collaborated with the CCC, leading to landscape changes to the CDP which was subsequently approved by the Community Development Director. This action was then appealed and being heard now. Assistant Planner Rodriguez clarified that the revised landscaping plan, created in collaboration with the CCC and with consultation from Dudek, Inc., reaffirmed the use of Western Sycamore tree species as a suitable replacement for the blue gum eucalyptus. She also noted that existing trees around the property would support nesting during the reconstruction and replanting phase of the project. Assistant Planner Rodriguez reported the appeal cites CEQA exemptions, states that the replacement trees are insufficient, and notes that the current tree is considered an Environmentally Sensitive Habitat Area (ESHA) for great blue herons. She stated that staff considers the new landscaping plan appropriate for CEQA Class 2 replacement and reconstruction with no change in use. She added that a memorandum from Dudek written on August 14th states that; the site is not an ESHA due to existing development; a blue gum eucalyptus is not ESHA because it is not a native or rare species, and does not hold a special role in the ecosystem; and that the great blue heron is not federally protected, while cautioning that active nests are protected under the Migratory Bird Treaty Act (MBTA). 9 of 12 18-92 Docusign Envelope ID: 51DF5D03-4004-4AC1-B42D-5F035B77F207 Planning Commission Meeting September 18, 2025 In response to Vice Chair Salene's inquiry, Acting Community Development Director Murillo clarified that the finding of the blue gum eucalyptus tree being diseased was part of the PB&R Commission's review while following City Council Policy G-1. In response to Commissioner Rosene's inquiry, Acting Community Development Director Murillo confirmed that great blue herons are protected under the MBTA as it relates to the act of nesting. He stated that nest removal is prohibited during the nesting season (September through January), and tree removal requires a monitoring biologist to ensure that there are no negative impacts. In response to Chair Harris' inquiry, no commissioners disclosed ex Parte communications. Chair Harris opened the public hearing. Appellant Christopher Pitet stated that the trees are not diseased, adding that the report is now two years old and needs to be renewed. He acknowledged that the report showed some decay but added that the trees are improving. Mr. Pitet stated that the staff report refers to the changes to the CDP as being minor, and yet they do not address the fundamental problems with the CDP for ignoring Policy G-1. He stated that there is no reference to the blue gum eucalyptus being a landmark tree, and the CDP authorizes its removal without any compelling reason to do so under Policy G-1. He stated that the arborist who assessed the tree was incentivized to come to this conclusion, adding that the report is now two years old. He called for a new tree assessment, adding that the appellant is willing to contribute to a new assessment. Mr. Pitet stated that the minor changes proposed by City staff do not address the CDP's problems. He reported that the western sycamore trees are a cosmetic change and will not be mature and ready to support nests for decades. He stated that the Community Development Director's approval should be rejected, and the appeal granted. A Newport Beach resident reported that the staff report only lists one CEQA exemption, whereas previously it listed three CEQA exemptions, adding that the current Class 2 exemption should not apply because the library and fire station are changing places on the lot, in addition to a playground replacing the current park. Mr. Leverenz lamented the potential loss of the nesting herons. He reported that there have been conflicting discussions about the tree over the life of this project and recommended an updated assessment of the tree's health. April Strong expressed her support of the tree, noting that it has a life span of close to 400 years old, but it is only about 100 years old now. She encouraged the Commission to save the tree. Sage Garcia stated that the landmark tree should be protected as an ESHA as a decades -long nesting site for herons, which are protected under the MBTA. He decried City staff's assessment of the tree as being merely ornamental landscaping and called for its protection. Mr. Mosher inquired why the number of trees would be reduced from the original CDP's landscaping plan to the current one. He pondered why the City did not privately make the CCC's requested modifications before the City's presentation, like many private entities, acknowledging that this could be a showing of transparency. Jim Moloney decried the City's history of erroneously assessing trees as being sick and dying. He stated that the appeal is still pending before the CCC and the tree is not sick and dying, adding 10 of 12 18-93 Docusign Envelope ID: 51DF5D03-4004-4AC1-B42D-5F035B77F207 Planning Commission Meeting September 18, 2025 that the City Arborist only found 2-3% decay. He reported that the Friends of the Library Park hired Arborist Robert Booty to independently test the tree, but were prevented from doing so by City staff. Joyce Flower expressed concerns about a playground being included in the plan because it will distract children from reading their books inside the library. She added that the playground will be a haven for the city's homeless population. Annie Saunders stated that the City lacks a coherent Local Coastal Plan (LCP) with standards for protecting the landmark tree and nesting herons. She noted that the proposed western sycamore trees will not mature for 20-30 years. She called on the City to revise its LCP and protect the tree before it is removed. Lisa Clifford stated that the tree and corner greenspace is essential to the health of her neighborhood and questioned why the City would want to remove the greenspace to add cement and parking spaces. She urged the Commission to save the tree and the greenspace. Kristi Jacob thanked the Commissioners for attentively listening to the public speakers and urged them to save the tree. She encouraged the Commissioners to visit the tree in person, adding that it could be used as a teaching tool by the library. Michelle Silver stated that the tree and pocket park mean a lot to her neighborhood. She added that the tree is healthy despite excessive trimming by the City. She requested that the City build the library and fire station around the tree rather than remove it. Acting Community Development Director Murillo clarified that the City Council approved the CDP, and it has been appealed to the CCC, adding that what is before the Commission right now is a minor change to the CDP's landscape plan made by staff working collaboratively with the CCC. He clarified that the change to the replacement trees is to use ones more suitable for future heron nesting, adding that the larger trees now being proposed necessitated adjustments to the parking lot area. He confirmed that the only thing before the Commission today is the amended landscaping plan component of the CDP being appealed to the CCC. In response to Chair Harris' inquiry, Acting Community Development Director Murillo confirmed that the City Council approved the CDP, which has been appealed to the CCC, with staff working with the CCC in the interim to amend the CDP's landscaping plan. He added that the standard for review for the CDP is the Coastal Act and the City's LCP, which was certified in 2017. He added that Policy G-1 is not a requirement or criterion for a CDP. He added that the City's LCP defines ESHA and that the site is exempt because it is already developed. He confirmed that the tree itself does not constitute ESHA. He acknowledged that the western sycamores would need time to mature, but the City's report shows that there are several suitable mature trees nearby to serve as an interim heron habitat. In response to Chair Harris' inquiry, Acting Community Development Director Murillo confirmed that the planting area was widened from the original plan to allow for more mature trees with a larger root base to be planted. Commissioner Ellmore clarified that the Commission is only looking at a change to a landscape plan, and the findings are substantial to support staff's recommendation and deny the appeal. Motion made by Commissioner Ellmore and seconded by Commissioner Gazzano to deny the appeal and affirm the Community Development Director's approval. 11 of 12 18-94 Docusign Envelope ID: 51DF5D03-4004-4AC1-B42D-5F035B77F207 Planning Commission Meeting September 18, 2025 Vill. AYES: Ellmore, Gazzano, Harris, Langford, Rosene, and Salene NOES: None ABSTAIN: None ABSENT: Reed IX. STAFF AND COMMISSIONER ITEMS ITEM NO. 5 MOTION FOR RECONSIDERATION - None ITEM NO. 6 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A FUTURE AGENDA Acting Community Development Director Murillo reported that at the next meeting on October 9tn City staff will provide an update on the ongoing General Plan updating process and request the Commission's input on the Draft Land Use Element and Draft Safety Element. ITEM NO. 7 REQUESTS FOR EXCUSED ABSENCES - None X. ADJOURNMENT — With no further business, Chair Harris adjourned the meeting at 8:30 p.m. The agenda for September 18, 2025, Planning Commission meeting was posted on Thursday, September 11, 2025, at 5:35 p.m. in the Chambers binder, on the digital display board located inside the vestibule of the Council Chambers at 100 Civic Center Drive, and on the City's website on Thursday, September 11, 2025, at 5:12 p.m. TTisfav, RaVV'is Tristan Harris, Chair Jonathan Langford, Secretary 12 of 12 18-95 Attachment K Appellant's Appeal Application to City Council 4��WPORT Clerk's Date &Time Stamp Appeal Application n City Clerk's Office v_ z 100 Civic Center Drive / P.O. Box 1768 <q� �OR��P Newport Beach, CA 92658-8915 949-644-3005 Appeals are time sensitive and must be received by the City Clerk within the specified time period from a d'eaisionririaa action by a decision -maker. It is advisable to consult with the Department managing the issue if there is question with regards to appealing an action. This is an appeal of the: ❑ (CDD222) Community Development Director Action to the Planning Commission - $2116 ❑ (CDD222) Zoning Administrator Action to the Planning Commission - $2116 ❑ (CDD222) Coastal Development Application CDP Appeal from Zoning Admin to the Planning Commission (only if appeal is solely based on the CDP portion of the application) — No Fee ® (CDD222) Planning Commission Action to the City Council - $2116 ❑ (CDD222) Community Development Director Action to the Harbor Commission - $623 ❑ (CDD222) Harbor Commission Action to the City Council (CDD — Planning) - $498 ❑ (CDD222) Hearing Officer Action to the City Council - $2116 ❑ (CDD223) Building Official/Fire Marshal Action to the Building/Fire Board of Appeals - $1827 ❑ (CDD224) Chief of Police Action on an Operator License to the City Manager - $1033 ❑ (RSS073) City Manager Action on a Special Events Permit to the City Council - $1953 ❑ (HBR001) Harbormaster Action to the Harbor Commission - $622 ❑ (HBR001) Harbor Commission Action to the City Council (Harbor Department) - $498 ❑ (PBW018) Public Works Director Action to Harbor Commission - $1446 ❑ (PBW018) Harbor Commission Action to City Council (Public Works Department) - $691 ❑ Other - Specify decision -maker, appellate body, Municipal Code authority and fee: Appellant Information: Name(s): Address The Friends of Library Park c/o Christopher L. Pitet, 100 Bayview Circle, Suite 210 City/State/Zip: Newport Beach, CA 92660 Phone: (949) 502-7760 Email Appealing Application Regarding: Name of Applicant(s): Planning Commission cpitet@apjuris.com Date of Final Decision: September 18, 2025 Project No.: Staff Approval No. PA2025-0130 Activity No.: Application Site Address: 100 East Balboa Boulevard Description of application: Planning Commission's decision to uphold the Community Development Director's approval of revised landscape plans to CDP No. PA2024-0140 for redevelopment of Fire Station No. 1 and Balboa Branch Library. Reason(s) for Appeal (attach a separate sheet if necessary): See attached Signature of Appellant: � / � t Date: FOR OFFICE USE ONLY: Date Appeal filed and Administrative Fee received: Ci y C rk cc: Department Director, Deputy Director, Staff, HE Loy October 2, 2025 01^+ F:IUserslClerklSharedlFor sOppealApplication 10 Updated 9/17/2024 18-97 CORRESPONDING OFFICE 100 BAYVIEW CIRCLE, SUITE 210 NEWPORT BEACH. CA 92660 WRITER'S DIRECT E-MAIL APJURIS.COM ATTORNEYS AND COUNSELORS cpitet@apjuris.com NEWPORT BEACH I SAN MARCOS I LAS VEGAS WRITER'S DIRECT DIAL NUMBER 949.502.7760 October 2, 2025 We represent the Friends of Library Park ("FLP"), an association of residents from the City of Newport Beach (the "City") who strongly oppose the removal of the sole remaining Blue Gum Eucalyptus tree no. 3517580 (the "Landmark Tree") in Library Park at 100 Balboa Boulevard, Newport Beach, CA 92661. The subject of media coverage and a defining symbol of a community, the Landmark Tree must be preserved. See Michele Gile, Newport Beach Residents Fight Back Against City's Plan to Remove Eucalyptus Tree Home to Great Blue Herons, CBS News (Jan. 30, 2024), hqps://www.cbsnews.com/losangeles/news/neMTort-beach-residents-fight-back-against- cilys-plan-to-remove-eucalyptus-tree-home-to-great-blue-herons/; see also Michele Gile, Bird Lovers Fight Against Newport Beach's Plan to Cut Down a Tree, CBS News (Sep. 18, 2025), https://www.cbsnews.com/losangeles/Video/bird-lovers-fight-against-newport-beachs-plan-to- cut-down-a-tree/. Preserving this tree does not have to come at the expense of future renovations to Balboa Branch Library and Fire Station No. 1. Both preservation and development can be accomplished, and FLP is willing to discuss a mutually agreeable solution with the City —one that will preserve the tree without bogging the City's renovation efforts in future appeals and litigation. In September 2024, the City Council approved Coastal Development Permit No. PA2024- 0140, which authorized (1) the demolition of the existing Balboa Branch Library and Fire Station No. 1, (2) the removal of the Landmark Tree, and (3) construction of a 10,900 square foot building that will house a new fire station and library. From the start, FLP challenged the City for basing its project on faulty information. For example, the City relied on prior arborist reports —now more than two years old —with inconsistent results suggesting that, if anything, the tree's health was improving and nowhere near failing. Due to this unreliable analysis, FLP has even offered (and continues to offer) to pay for a new, up-to-date report by an independent arborist. But FLP's repeated attempts at questioning the City's primary justification for removing the tree —it purportedly being sick and dying —has repeatedly gone ignored. Perhaps nothing has highlighted the City's environmentally unsound, ends -means rationale more than its conduct after being confronted with the faulty information underlying its decision. Rather than following mandated protocols and the City's own policies, such as its Local Coastal Plan ("LCP") and G-1 Tree Policy, Mayor Will O'Neill waived the City's G-1 Tree Policy in order to get this project approved in the first place.• And he functionally did so 18-98 RE: Appeal File No.: 586-01 Date: October 2, 2025 Page 2 despite the fact that the City designed that policy to afford enhanced protection of landmark trees, especially those located within the Local Coastal Zone ("LCZ"). The Landmark Tree is exactly that: a landmark tree, located within the LCZ, which currently serves as a rookery for nearly two dozen Blue Herons. By waiving the City's only concrete guardrail for protecting Environmentally Sensitive Habitat Areas ("ESHAs"), it has become abundantly clear that the City lacks any protections for —and perhaps does not actually care for —landmark trees, much less the sensitive natural habitat for wildlife in the LCZ. In October 2024, the FLP appealed the City's decision to the California Coastal Commission ("Coastal"). FLP's arguments included (but were not limited to) its lack of meaningful guidelines for protecting the environment, the irreparable harm that the project will cause to the federally protected nesting Blue Heron birds, and the City's complete disregard for a healthy Landmark Tree solely because it is located on the site where an approximately 11,000 square foot building is proposed to be constructed. On July 3, 2025, the FLP received a revised project approval and Staff Report from Ms. Laura Rodriguez proposing a modification to Coastal Development Permit No. PA2024-0140, which would eliminate one parking stall and add a single Western Sycamore tree in its place. On July 18, 2025, the FLP appealed this revised proposal to the Newport Beach Planning Commission. Exactly one month later, on September 18, 2025, after public comments, the Planning Commission approved a motion to deny that appeal. This letter shall serve as the FLP's formal appeal of the revised project approval to the Newport Beach City Council (the "Amended Proposal"). The FLP's grounds for appeal include, but are not limited to, the following: First, the revised project's attempt to mitigate the concerns outlined in FLP's numerous appeals functionally concedes that the project at issue will cause environmental harm —especially to the nearly two dozen Blue Heron birds that have long called the Landmark Tree "home." And it underscores the need for a substantively revised LCP. Until the City devises and implements an LCP that provides meaningful and clearly articulated guidelines for construction projects like the one at issue, this renovation project will only highlight the flaws in the City's LCP. Given these deficiencies, which undermine any suggestion that the City has grounds for proceeding with the project, the Landmark Tree must be left unharmed, and the nesting Blue Heron birds undisturbed. To be sure, the proposed mitigation efforts are also nonstarters. They offer nothing to address the glaring deficiencies in the City's Local Coastal Plan for protecting Landmark Trees, ESHAs, and the Blue Heron birds. The lack of meaningful solutions is not surprising —City Staff repeatedly referred to the Amended Proposal as a minor change. And that minor change — planting Western Sycamore trees "in order to better support nesting birds" (Amended Proposal at 2)---ignores a simple fact: The Western Sycamores will not reach maturity for 20-30 years after they are planted, and "herons favor tall, mature trees." (Dudek Memo at 1). Thus, the City's proposed changes do nothing to protect the birds now, when mitigation matters most. And even if they could, the Western Sycamore can also be chopped down —again harming the Blue Heron 18-99 RE: Appeal File No.: 586-01 Date: October 2, 2025 Page 3 birds —without any reasonable justification based on the City's waiver of its G-1 Tree Policy and lack of guidelines for protecting ESHAs. The Dudek memorandum on which the Staff Report relies also speculates that two nearby Eucalyptus trees (across the street from Library Park) and another nearby Hoop Pine tree could serve as temporary homes for the nesting Blue Herons. But these nearby trees are unable to support the current population of Blue Herons making an active rookery in the Landmark Tree. If these Eucalyptus trees (as shown directly above) or the Hoop Pine tree were well -suited to housing Blue Herons, the Blue Herons would be nesting in them right now, after the City removed several other Blue Gum Eucalyptus trees in Library Park. Unfortunately, as video footage' makes 1 Available at https://www.yo-atube.com/watch?v=9HkPH-RpO4k&feature=youtLi.be. 18-100 RE: Appeal File No.: 586-01 Date: October 2, 2025 Page 4 clear, there are no rookeries in the surrounding trees. And there is little wonder why: Compared to the towering, healthy, and thriving Landmark Tree, the surrounding trees would leave the Blue Herons vulnerable and exposed. Rather than waiving the protective policies it already has in place —as the City did when approving this project —it should commit to devising and implementing an LCP with meaningful and clearly articulated standards. Until then, this project —including with the "minor changes" approved by the Planning Commission —will merely highlight the flaws in the City's system, which protects the environment only in word, but not in deed. Second, on June 27, 2025, the City, in consultation with Dudek, released its initial draft'2 of the Recreation and Natural Resources Elements. One of the draft's primary goals includes using reasonable efforts to evaluate tree canopy cover in parks and the public right-of-way. (Draft Report at 7). The Landmark Tree provides canopy cover to both the existing Mini Park located behind the Library at 100 Balboa Boulevard and the adjacent sidewalk. But the City suggests chopping it down and replacing it with trees which will take decades to grow to the same height and will provide no coverage in the interim. Removing this beloved Landmark Tree will not further the Natural Resources Element guide's purpose of "guid[ing] the conservation, protection, 2 Available at bUps•//npnortbeach legiistar com/View ashx?M=F&I0=14325578&GUID-5E2BD777-3BA8-4B14- B40C-96D8C61D5475. 18-101 RE: Appeal File No.: 586-01 Date: October 2, 2025 Page 5 development, and use of natural resources ... as well as the preservation of cultural and historic resources." (Draft Report at 10). Third, the City's proposal is not exempt under the California Environmental Quality Act ("CEQA"). CEQA exemptions must be "construe[d] ... narrowly in order to afford the fullest possible environmental protection[.]" Save Our Carmel River v. Monterey Peninsula WaterMgmt. Dist., 141 Cal. App. 4th 677, 697 (2006), as modified (July 21, 2006). Originally, the Amended Proposal erroneously stated that the project was categorically exempt from CEQA under Class 1, Class 2, and Class 3. Then, in the Planning Commission agenda for September 18, 2025, the City only addressed an exemption under Class 2, thereby effectively conceding that Classes 1 and 3 did not apply. But as explained below, Class 2 also does not apply, and thus, the project is not exempt under CEQA. At most, Class 2 exempts the "[r]eplacement of a commercial structure with a new structure of substantially the same size, purpose, and capacity," but it "does not cover expansions in use or capacity of the facility to be replaced or reconstructed." See § 15302(b). Here, the two existing buildings are not being replaced with buildings of substantially the same size, purpose, or capacity because the library is being replaced with a fire station and the fire station is being replaced with a library buildings which have two very distinct and dissimilar purposes. Fourth, the revised project violates Cal. P.R.C. § 30240's protections for ESHAs. ESHAs are defined as "any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments." Cal. P.R.C. § 30107.05. Section 30240 protects ESHAs "against any significant disruption of habitat values" and states that only "uses dependent on those resources shall be allowed within those areas." Cal. P.R.C. § 30240. The phrase "dependent on those resources" means "resources that make an area a protected habitat— i.e., `plant or animal life or their habitats [that] are either rare or especially valuable because of their special nature or role in an ecosystem."' McAllister v. California Coastal Com., 169 Cal. App. 4th 912, 928 (2008), as modified (Jan. 20, 2009). Accordingly, developments inside ESHAs are limited "to uses that are dependent on the resources to be protected and that do not significantly disrupt habitat values." Id. at 929. Examples of ESHAs provided in the City's LCP include native riparian habitats, because "of their rarity and because of their important roles in the ecosystem" —as evinced by the fact that "many species of birds nest and roost in riparian habitat." (LCP 4-3). Here, the Library Branch pocket park —especially the Landmark Tree and the Blue Herons nesting therein —is an ESHA. The Blue Heron birds are valuable to the Newport Beach ecosystem because they are predators who help regulate the populations of nearby fish, amphibians, and small mammals. Controlling the population size of smaller species is vital to biodiversity and the overall function of the food chain. Without a nesting place, the Blue Herons would be unable to fulfill their role in the 18-102 RE: Appeal File No.: 586-01 Date: October 2, 2025 Page 6 ecological community. Therefore, the Landmark Tree provides a sanctuary for the birds and plays a vital role in the local ecosystem, making it worthy of consideration as an ESHA. The Landmark Tree plays another vital role in the area as well. Newport Beach contains a historic underground spring that has existed for many years. This large body of water helps hydrate and supply the Landmark Tree with vital nutrients. Moreover, by absorbing the water, the Landmark Tree controls the size of the underground spring. But the city has not, at any point, considered the impacts of removing the Tree on this underground spring. Before proceeding with this significant project, the City should thus conduct an environmental impact report that analyzes the consequences which will follow from (1) removing the Landmark Tree, and (2) demolishing the current Library and Firehouse (and rebuilding structures that will exceed 10,000 square feet in size), on the natural springs lying beneath Library Park. To be sure, the approved Staff Report also claimed the City's Municipal Code recognizes an "exception" for ESHAs. (Staff Report at 11-12). ESHAs, it explained, do not include "existing developed areas." Id. at 11. And because the Library and Fire Station are existing developments, the Landmark Tree is exempted from ESHA protections. FLP strongly objects to any attempt at using a local municipal code at undermining substantive protections demanded by the State of California. But regardless, the Report completely misunderstands FLP's position. FLP is not arguing that the Library and Fire Station are ESHAs. Instead, it is that the pocket park and the Landmark Tree —which are clearly not "developments" —get ESHA protections. Accordingly, the purported exemption for existing developments is simply irrelevant. And in fact, any contrary interpretation would mean, for example, that native riparian habitats and wetlands located in the same "area" as existing developments could freely be trampled regardless of strict ESHA protections. That dangerous (and incorrect) premise, however, necessarily follows from the Staff Report's exemption -argument further confirming the City's lack of meaningful environmental protections and underscoring the need for granting FLP's appeal. Next, the report also claims the Landmark tree "does not play a special role in an ecosystem given that it is located in a developed area as ornamental landscaping." Id. at 12. But the Blue Herons clearly think otherwise. Moreover, the Landmark Tree has been in place for decades, and even the City has recognized the Tree's special importance —when the City initially designated it as a Landmark Status tree. The Planning Commission also seems to suggest the special Library Park ecosystem is not an ESHA because Blue Herons are not endangered under FESA. But that is irrelevant: the municipal code does not say that only wildlife subject to the FESA (or the MBTA for that matter) are of special value to an ecosystem. Rather, it states that habitats that are valuable to an ecosystem and can be easily disturbed are protected. And there's no doubt the Blue Herons meet this defmition. For all of these reasons, the pocket park is an ESHA—meaning any construction project there must involve a resource -dependent use as required under Cal. P.R.C. § 30240. Instead, the Commission proposes a resource -liquidating use: the removal of the Landmark Tree, and the Blue 18-103 RE: Appeal File No.: 586-01 Date: October 2, 2025 Page 7 Heron nests which take refuge on it, in order to build a library and firehouse. Accordingly, the project runs afoul of Cal. P.R.C. § 30240. We would appreciate you confirming receipt of this appeal by emailing me at the email address above. Further, please let us know the steps and timeline for the City Council's consideration of and action on this important appeal. Thank you. Very truly yours, �'r teDa Z— P,t- Christopher L. Pitet 18-104 Attachment L Dudek Memorandum from August 14, 2025 18-105 DUDEK 27271 LAS RAMBLAS, SUITE 340 MISSION VIEJO, CALIFORNIA 92691 T 949.450.2525 MEMORANDUM To: Tom Sandefur, Assistant City Engineer, City of Newport Beach Public Works Department From: Tommy Molioo, Senior Biologist Subject: Protection Status of Nesting Great Blue Herons at the Balboa Branch Library Date: August 14, 2025 Attachment(s): CDFW CNDDB Species Summary Table Report The following memorandum documents the professional opinion of Dudek's Senior Biologist Tommy Molioo regarding the protection status of nesting great blue herons (Ardea herodias) at the Balboa Branch Library project site. This memorandum also addresses comments related to received by the City of Newport Beach in an appeal letter sent by Adkisson Pitet LLP on behalf of the Friends of Library Park (FLP) dated July 17, 2025. Specifically, Dudek is addressing comments related to the protection status of great blue herons and the eucalyptus tree on site planned for removal. The evaluation of the tree replacement has already been provided by Dudek in a letter to the City dated May 5, 2025. Paragraph 1 of page 2 of the FLP letter states the great blue heron is a federally protected species. While the great blue heron is afforded protection under the Migratory Bird Treaty Act (MBTA), particularly while nesting, it is not federally listed as threatened or endangered under the Federal Endangered Species Act (FESA) and therefore, is not a federally protected species. After a review of the California Department of Fish and Wildlife (CDFW) California Natural Diversity Database for great blue heron, it lists the species with a Global ranking of G5 and State ranking of S4, which is considered secure globally and in California (Attachment A). The species is only listed as sensitive by the California Department of Forestry and Fire Protection Services, particularly during timber operations. Additionally, the MBTA extends federal protection to the majority of native migratory bird species in the United States, making it unlawful to cause any action that would result in "take" of a native migratory bird or its nest. Additionally, the California Fish and Game Code Sections 3503, 3503.5, and 3513 extend state protection to nests or eggs of any bird, birds of prey, and migratory non -game birds. Therefore, approximately less than a dozen great blue herons that nest atthe project site are protected while nesting. And while rookeries may be afforded additional protection in other states or if designated as protected due to other means, the herons that nest on site are only protected while actively nesting and rookeries are not protected further. Lastly, previous tree trimming or maintenance activities conducted for the library while Dudek has been under contract with the City have been conducted outside of the nesting season and after clearance surveys conducted by Dudek's biologists determined the nests were inactive. Any future removal of the on -site eucalyptus tree and any remaining nests would also be conducted outside of the nesting season (February through August) and after a biologist can determine there is no active nesting. The letter also asserts the eucalyptus tree on site that contains heron nests qualifies as an Environmentally Sensitive Habitat Area (ESHA) under the City's Local Coastal Plan (LCP). The City's LCP is written into the City's MEMORANDUM SUBJECT: PROTECTION STATUS OF NESTING GREAT BLUE HERONS AT THE BALBOA BRANCH LIBRARY Municipal Code as Chapter 21.30B.030, which designates ESHAs as, "Any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments shall be designated as an environmentally sensitive habitat area (ESHA)". The eucalyptus tree the letter refers to as a "landmark tree" is non- native and not a rare species, nor does it play a special role in an ecosystem as it is located in a developed area as ornamental landscaping. Additionally, the Municipal Code provides exceptions for ESHA as existing developed areas and existing fuel modification areas, of which the project site and eucalyptus tree would qualify for both due to the existing development, the Balboa Branch Library. The site also lacks natural communities, rare plants or wildlife, coastal streams, and connectivity to other natural areas as the site is surrounded by development. Therefore, the eucalyptus tree on the project site does not qualify as ESHA as defined by the City's Municipal Code. DUDEK 13067.01 AUGUST 2025 18-107 MEMORANDUM SUBJECT: PROTECTION STATUS OF NESTING GREAT BLUE HERONS AT THE BALBOA BRANCH LIBRARY Attachment A CNDDB Species Summary Table Report D U D E K 13067.01 AUGUST 2025 Summary Table Report California Department of Fish and Wildlife California Natural Diversity Database Query Criteria: Species<span style='color:Red'> IS </span>(Ardea herodias) CNDDB Listing Status Elev. Range Total Element Occ. Ranks Population Status Presence Historic Recent Poss. Name (Scientific/Common) Ranks (Fed/State) Other Lists (ft.) EO's A B C D X U > 20 yr <= 20 yr Extant Extirp. Extirp. Ardea herodias G5 None CDF_S-Sensitive -230 156 23 21 10 2 3 97 132 24 153 3 0 great blue heron S4 None IUCN_LC-Least 5,110 S:156 Concern Commercial Version -- Dated August, 2 2025 -- Biogeographic Data Branch Report Printed on Thursday, August 14, 2025 Page 1 of 1 Information Expires 21.20 5 Attachment M Figure NR2 Environmentally Study Areas 18-110 BRA` j F COSTA MESA O Sao 0 UPPER O NE W PORT On IRVINE L uu� A Y � V �u—jlUui0 s Do�o��nn°�°�o El��o��0 10.P11P`,� o F 0 ES oa IYA � T eA.;' Pi Q ary �� ourves FASHION � � NEWPORT RIDGE 0 �kr LIDO issAn "H O o �O ISLE isiarvo s,�o D BALBOA Ar' PACIFIC OCEAN O NEWPORT OAST CRYSTAL COVE ' STATE PARK OAF CITY of NEWPORT BEACH GENERAL PLAN Figure NR2 ENVIRONMENTAL STUDY AREAS 0 Seminuik Slough © Northstar Beach © West Bay Upper Newport Bay State 0 Marine Park and Upper Newport Bay Nature Preserve ©De Anza Bayside Marsh Peninsula 0 1 San Diego Creek 0 Eastbluff Remnant 0 Big Canyon 0 Newporter North 0 Buck Gully 0 1 Morning Canyon ®Newport Beach Marine Life Refuge ® Castaways Banning Ranch ® Newport Coast 0 Los Trancos, Pelican Hill 0 Ridge Park Irvine Coast Marine Life Refuge Giant Kelp Bed in Newport Harbor Entrance Channel Bonita Canyon Creek Watershed ® San Joaquin Reservoir ® Arroyo Park 10 Coyote Canyon 0 MacArthur and Bison ® MacArthu r/San Miguel Qj MacArthur/SanJoaquin 10 Spyglass Hill Non -Coastal Buck Gully I 0 0.5 1 Miles Source: Clty of Newport Beach, 2005 PROJECT NUMBER: 10579-01 Date: 7/13/06 Attachment N Figure NR1 Biological Resources 18-112 COSTA MESA 114 WAR ♦ o� ►wa,��o� � nnllllllllllpll �- ,.I . � ♦ � ������ IIIIIIIIIIIIIIIIIIIIIII� ���� 'f�� �'..:fi»�• • _��. BALBOA PIER PACIFIC OCEAN DAST CRYSTAL COVE STATE PARK CITY of NEWPORT BEACH GENERAL PLAN Figure NR1 BIOLOGICAL RESOURCES Legend Eelgrass Bed - Giant Kelp Bed -Historic Grunion Spawning Area - Upper Newport Bay Nature Preserve Upper Newport Beach State Marine Park ^-.* City Boundary 0 County 1 0 0.5 1 Miles Source: City of Newport Beach, 2005 PROJECT NUMBER: 10579-01 Date: 6/29/06