HomeMy WebLinkAbout2.0 - Balboa Marina West MND - PA2012-103 CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
October 2, 2014 Meeting
Agenda Item 2
SUBJECT: Balboa Marina West MND (PA2012-103)
• Negative Declaration ND2013-002
APPLICANT: City of Newport Beach/Irvine Company
PLANNER: Patrick Alford, Planning Manager
(949) 644-3235, palford@newportbeachca.gov
PROJECT SUMMARY
A Mitigated Negative Declaration (MND) for the Balboa Marina West project at 151 and
201 East Coast Highway. Balboa Marina West is a proposed plan to construct a new
public boat dock in the Newport Harbor, improve and expand the existing Balboa
Marina, and construct a 19,400 square feet marine commercial building for a yacht
brokerage office, public restrooms, and a restaurant.
RECOMMENDATION
1 ) Conduct a public hearing; and
2) Adopt the attached resolution approving Negative Declaration ND2013-002 (SCH
No. 2014081044) pursuant to the California Environmental Quality Act
(Attachment No. PC 1).
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VICINITY MAP
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GENERAL PLAN ZONING
406
LOCATION GENERAL PLAN ZONING CURRENT USE
Recreational and Marine Commercial Recreational
ON-SITE Marina, yacht brokerage, parking
Commercial CM and Marine CM
Recreational and Marine RV/boat storage,floating fish
NORTH Commercial CM Planned Community market, pump station, parkin
SOUTH Single-Unit Residential Single-Unit Residential Single-unit residences with
Detached (RS-D) (R-1private docks
EAST Recreational and Marii Fcommercial Recreational Restaurants and offices
Commercial CM and Marine CM
Multiple-Unit Residential Multi-Unit Residential
WEST (RM)and Mixed-Use (RM)and Mixed-Use Apartments, office, marina
Water Related (MU-W2) Water Related (MU-W2)
Balboa Marina West MND
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INTRODUCTION
The proposed Mitigated Negative Declaration (MND) is for the Balboa Marina West
project, a joint project between the City and the Irvine Company. The Planning
Commission is requested to review and adopt the MND before reviewing the application
for the land-side component of the project. The reason for this is that while the water-
side (public dock and marina expansion) portion of the project is ready, plans for the
land-side (the marine commercial building) have not been finalized by the Irvine
Company. This will allow the processing of the water-side portion of the project by
Harbor Resources while plans for the land-side portion are completed.
Balboa Marina West
The Balboa Marina West project would construct a new public boat dock in Lower
Newport Bay and improve and expand the existing Balboa Marina. The new public dock
would include a gangway and 12 public boat slips including eight new slips and four
slips that would be relocated to the public dock from the existing private Balboa Marina.
In the private Balboa Marina, 24 private boat slips and a new gangway are proposed. In
the land-side area of the marina, the project proposes to demolish the existing Balboa
Marina parking lot and a 1,200 square feet building located at 201 East Coast Highway.
In their place, a reconfigured parking lot and 19,400 square feet marine commercial
building is proposed to house a yacht brokerage office, public restrooms, and a
restaurant.
Should the Planning Commission approve the MND, the Irvine Company will file an
application for the land-side component. It is anticipated that this application will include
a site development review for the marine commercial building and reconfigured parking
lot and a conditional use permit for the restaurant.
Should the Planning Commission approve the land-side portion of the project, the City
will issue an approval in concept (AIC), and a joint City/Irvine Company application will
be filed with the California Coastal Commission requesting issuance of a coastal
development permit (CDP). The CDP application will include both the water-side and
land-side project components.
Project Setting
The project site is located south of East Coast Highway between the Coast Highway
Bridge and Bayside Drive. The project site comprises 4.4 acres, of which 0.87 acres is
comprised of water surface and 3.5 acres is comprised of land. The land-side
development area is occupied by a 1,200-square-foot building, which houses a yacht
brokerage business and marina restrooms. The water-side development area currently
supports a private dock area with 107 boat slips, including four public transient boat
slips. Primary vehicular access is via East Coast Highway and secondary access is
provided via Bayside Drive.
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Background
The Harbor Commission reviewed the project at a study session on August 13, 2014.
The Planning Commission reviewed the project at a study session on September 4,
2014.
DISCUSSION
An Mitigated Negative Declaration (MND) is a written statement by the City of Newport
Beach acting as the Lead Agency briefly describing the reasons why a proposed
project, which is not exempt from the requirements of CEQA, will not have a significant
effect on the environment and therefore does not require preparation of an
Environmental Impact Report (EIR).
The Draft MND (see Attachment No. PC 1, Exhibit A)' was prepared in accordance with
the criteria, standards, and procedures of the California Environmental Quality Act
(CEQA), the State CEQA Guidelines, and City Council Policy K-3.
NOTE: There is a pagination error in the printed version of the IS/MND. Pages 5-41 to
5-44 repeat, which affects the numbering sequence (i.e., the second Page 5-41 should
be Page 5-45, 5-42 should be 5-46, etc.). This error does not occur in the electronic
version of the IS/MND provided on CD and online. Notwithstanding this pagination
error, the information in the electronic draft is identical to the printed version.
Analysis
The Environmental Checklist/Initial Study and its associated analyses covered eighteen
environmental factors that could be potentially affected by the proposed project. The
environmental analysis concluded that ten environmental factors where the proposed
project had "no impact' or a "less than significant impact':
Agriculture Air Quality
Geology and Soils Greenhouse Gas Emissions
Mineral Resources Population and Housing
Public Services Recreation
Transportation/Traffic Utilities & Service Systems
As the proposed project would have no impact or a less than significant impact, no
mitigation for these environmental factors is required.
' The Draft Initial Study/Mitigated Negative Declaration was distributed the Planning Commission on
August 15, 2014. It can be viewed and downloaded at htto://www.newi)ortbeachca.gov/cegadocuments.
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The environmental analysis also concluded that there were eight environmental factors
where the proposed project would have a "less than significant impact with mitigation":
Aesthetics Biological Resources
Cultural Resources Hazards and Hazardous Materials
Hydrology/Water Quality Land Use and Planning
Noise Mandatory Findings of Significance
Aesthetics
The proposed project would introduce a new, 19,400-square-foot marine commercial
building with tuck-under parking. As no development is proposed at this time, the visual
impact analysis was conducted on a conceptual design of the proposed marine
commercial building. Therefore, there are not specifics regarding its architectural
characteristics. The conceptual design of the marine commercial building was analyzed
with a height of 40 feet, the maximum height permitted for a structure with a sloped roof
in the Non-Residential Shoreline Height Limit Area.
The analysis concluded that the new marine commercial building could be perceived as
a substantial change to the existing views of the site from off-site locations and has the
potential to adversely affect the existing visual quality or character of the area.
However, implementation of Mitigation Measure MM AE-1 would ensure that the future
marine commercial building is designed in a manner that provides architecturally
enhanced components while demonstrating compatibility with existing developed
elements in the surrounding viewshed.
MM AE-1 Prior to approval of a Site Development Review, the City Planning Division
shall review the proposed architectural design of the marine commercial
building to ensure that the design complies with applicable policies of the
City's General Plan and Coastal Land Use Plan related to architectural
character and aesthetics.
The analysis also concluded that without specifics regarding the building's exterior
architectural materials, the marine commercial building has the potential to include
reflective materials that could cause glare. Therefore, Mitigation Measure MM AE-2 is
recommended to require project design features (PDFs) to reduce potential impacts to a
level below significant.
MM AE-2 Prior to approval of a Site Development Review, the City Planning Division
shall review the architectural design of the proposed marine commercial
building to ensure that non-reflective materials and colors that are
complimentary to the surrounding area are used.
Implementation of Mitigation Measures MM AE-1 and MM AE-2 would reduce the
Project's potential impacts to aesthetics to below a level of significance.
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Biological Resources
The proposed project construction activities would result in short-term temporary
impacts to the avian, marine mammal, and fish species and habitats, including
California brown pelican and California least tern, marine mammals, California halibut,
Fishery Management Species (FMS) Essential Fish Habitat (EFP), and Habitats of
Particular Concern (HAPC). In the case of these species, impacts would result from
temporary construction activities in the water, such as dredging and pile driving.
Species are expected to temporarily leave the project area due to short-term (estimated
to be 4 weeks) construction-related disturbance and/or irritation. These species are
expected to return to the area upon completion of the construction activities.
In addition, dredging activity would result in a long-term impact to eelgrass, a HAPC.
Implementation of Mitigation Measures MM BR-1through MM BR-6 would reduce the
proposed project's impacts to biological resources to below a level of significance:
MM BR-1 Prior to the issuance of construction permits, the Project Applicant shall
provide evidence to the City of Newport Beach that all required permits
and clearances regarding biological resources have been obtained from
the regulatory and resource agencies.
MM BR-2 The Project Applicant shall conduct a pre-construction Caulerpa taxifolia
survey within 30 to 90 days prior to dredging and a post-construction
Caulerpa taxifolia survey within 30 to 90 days after project construction is
complete. Said surveys shall be consistent with the National Marine
Fisheries Service Control Protocol. If this species is found, protocols for
the eradication of Caulerpa taxifolia shall be implemented to remove this
species from the Project site.
MM BR-3 Prior to the issuance of construction permits, an eelgrass mitigation plan
shall be prepared requiring a minimum 1.2:1 mitigation ratio for eelgrass
impacts pursuant to the provisions of the Southern California Eelgrass
Mitigation Policy (NMFS 1991 as amended). At least 618 SF (57.4 square
meters) of eelgrass shall be successfully transplanted at the end of a five-
year post-transplant monitoring period. The location of the transplant area
shall be the Balboa Eelgrass Mitigation Area which was established during
the reconstruction of the Balboa Marina in 2008-2009 or as determined by
the resource agencies.
MM BR-4 Prior to commencement of construction activities, the Project Applicant
shall ensure that dredging and excavation operations are surrounded with
a silt curtain to reduce the level of turbidity. The curtain shall be
maintained in good condition throughout the dredging and excavation
process.
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MM BR-5 Prior to commencement of construction activities, the Project Applicant
shall ensure that a qualified biological monitor is retained to monitor
turbidity and effects on marine mammals during pile driving operations.
Said monitor shall comply with standards of the Santa Ana Regional
Water Quality Control Board for water quality protection and applicable
requirements for protection of marine mammals.
MM BR-6 The following Conditions of Approval shall be placed on the Project's
applicable implementing permits and approvals.
COA: Construction contracts shall disclose and require strict compliance
with applicable requirements of the federal Marine Mammal Protection Act
overseen by the National Marine Fisheries Service (NMFS). Contracts
shall include a provision that in the unlikely event of a construction vessel
collision with a marine mammal, the contractor shall immediately contact
the NMFS Southwest Regional Office's Standing Coordinator, submit a
report to the NMFS Regional Office and comply with all associated and
feasible directives.
COA: Pile driving shall be conditioned to require employment of a
"softstart" approach to lessen the potential for short-term construction
impacts to marine mammals. This approach requires slowly ramping up
pile driving activities at the start of the day and at restarting after breaks or
any interruption longer than 15 minutes. An Incidental Harassment
Authorization (IHA) under the Marine Mammal Protection Act shall be
required if the "soft-start" approach is not employed.
Cultural Resources
Both the land and water-bottom surfaces of the proposed project site are developed and
disturbed. Therefore, it is unlikely that archaeological resources could be encountered
during grading of native soils in the land-side portion of the proposed project site.
Nevertheless, Mitigation Measure MM CR-1 would ensure that impacts to
archaeological resources, if unearthed during construction activities, are reduced to a
level below significance.
MM CRA Prior to the issuance of grading permits, the City shall verify that the
following note is included on the grading plan(s).
"If suspected archaeological resources are encountered during ground-
disturbing construction activities, the construction contractor shall
temporarily halt work in a 100-foot radius around the find until a qualified
archaeologist can be called to the site to assess the significance of the
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find, and, if necessary, develop appropriate treatment measures in
consultation with the City of Newport Beach."
The grading contractor shall be responsible for complying with the note. If
the archaeologist determines that the find does not meet the CEQA
Guidelines §15064.5(a) criteria for cultural significance, construction shall
be permitted to proceed. However, if the archaeologist determines that
further information is needed to evaluate significance, the City of Newport
Beach shall be notified and a data recovery plan shall be prepared in
consultation with the City, which may include the implementation of a
Phase II and/or III archaeological investigation per City guidelines. All
significant cultural resources recovered shall be documented on California
Department of Parks and Recreation Site Forms to be filed with the
California Historical Resources Information System, South Central Coastal
Information Center (CHRIS-SCCIC). The archaeologist shall incorporate
analysis and interpretation of any significant find(s) into a final Phase IV
report that identifies the level of significance pursuant to Public Resources
Code § 21083.2(G). The City and Project Applicant, in consultation with
the archaeologist, shall designate repositories in the event that resources
are recovered.
Hazards and Hazardous Materials
Although underground storage tanks (USTs) were not identified on the land-side portion
of the property, the potential exists that such tanks may be uncovered during grading
activities. In addition, the existing building on the property that would be demolished
may contain friable asbestos materials and materials coated with lead-based paint, both
of which have the potential to expose construction workers and/or nearby sensitive
receptors to health risks during demolition activities. Asbestos-containing materials and
materials containing lead-based paints have the potential to create a significant hazard
to the public or the environment. In addition, there is an empty vault on the southwest
corner of the land-side portion of the property, previously used to house an electrical
transformer that may contain Polychlorinated biphenyls (PCBs), which has the potential
to create a significant hazard to the public or the environment. With implementation of
the following mitigation measures, impacts would be reduced to a level below
significant:
MM HM-1 During Project grading and construction activities, the construction
contractor shall ensure that possible locations where the USTs may have
been located, either near the existing building or along the western side of
the existing parking lot, as identified by Environmental Engineering &
Contracting, Inc. (EEC), are potholed using heavy equipment to confirm
the presence or absence of UST's on the land-side portion of the Project
site. If USTs are discovered, they shall be disposed of properly per
applicable State of California and federal guidelines. The Orange County
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Environmental Health Department provides oversight and conducts
inspections of all underground tanks removals.
MM HM-2 The following Condition of Approval shall be placed on the Project's
demolition permits. COA: All demolition permits shall comply with:
a) SCAQMD Rule 1403 with respect to asbestos containing materials.
b) Title 17, California Code of Regulations (CCR), Division 1, Chapter
8, which addresses the removal of components painted with lead-
based paint (LBP).
c) Title 40 of the U.S. Code of Federal Regulations (40 CFR)
regarding the removal and disposal of PCBs.
Hydrology/Water Quality
The proposed project has the potential to temporarily impact the water quality of
Newport Bay through sedimentation and turbidity during water-side construction and
dredging activity. The following mitigation measures would reduce construction-related
effects to below a level of significance.
MM HWQ-1 Prior to the issuance of any grading, building, or other permits a Marina
Management Plan shall be prepared by the Project Applicant and
approved by the City of Newport Beach. The Marina Management Plan
shall identify construction and operational best management practices
(BMPs) to reduce potential water quality impacts to Newport Bay. The
Management Plan shall include BMPs, safety guidelines, and steps to
take in response to accidental spills, leakages, and fires to reduce the
potential for water quality degradation.
MM HWQ-2 Prior to issuance of construction permits, the Project Applicant shall
prepare, and the City of Newport Beach shall review and approve, a
Stormwater Pollution Protection Plan (SWPPP) in compliance with the
Regional Water Quality Control Board's (RWQCB) Section 402 National
Pollutant Discharge Elimination System (NPDES) Construction
Stormwater General Permit and be provided evidence that the RWQCB
has issued a Section 401 Water Quality Certification.
MM HWQ 3 The following Conditions of Approval shall be placed on the Project's a
applicable implementing permits and approvals.
COA: All construction contracts shall disclose and require strict
compliance with the requirements and recommendations of the
Marina Management Plan related to construction-related activities.
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The Management Plan shall be implemented as a requirement of
the longterm operation of Balboa Marina. The marina operator shall
be required to supply a copy of the Management Plan to boat slip
renters at the Balboa Marina.
COA: The dredging permit shall state that scow doors used to release
dredged material at the approved dredge materials disposal
location shall be required to remain closed until the scows are
towed to the disposal site.
Land Use and Planning
The proposed Project is not anticipated to conflict with applicable policies or regulations
of the City's General Plan, Coastal Land Use Plan, or Zoning Code. However,
Mitigation Measure LU-1 ensures that City review of applications for a site development
review and a conditional use permit, which require mandatory compliance with all
applicable General Plan and Coastal Land Use Plan policies. Accordingly, impacts
would be less than significant with mitigation incorporated.
MM LU-1 The City of Newport Beach Planning Division shall review the Project's
applications for a Site Development Review and Conditional Use Permit
for compliance with all applicable General Plan and Coastal Land Use
Plan policies that relate to environmental resource protection and ensure
compliance.
Noise
Compliance with the City's Municipal Code noise ordinance standards would not expose
persons to or generate noise levels in excess of standards established in the City's
Municipal Code or General Plan Noise Element, or the California Building Code.
However, mitigation is recommended to ensure that operation of an outdoor patio at the
future marine commercial building complies with the qualitative provisions of the City of
Newport Beach Municipal Code that require noise from such establishments to be
inaudible at the property lines (Section 20.48.090E), or that prohibit "loud or raucous"
noise (Section 10.28.020). Because noise from operation of the restaurant's outdoor
patio could potentially conflict with City noise ordinance standards, the impact is
considered potentially significant and mitigation is required.
MM N-1 As a condition of CUP issuance for a restaurant use in the marine
commercial building and prior to the issuance of occupancy permits for
any restaurant, bar, lounge, or nightclub to be located in the marine
commercial building, an acoustical study shall be prepared by a qualified
acoustician and reviewed and approved by the City of Newport Beach to
verify that the building operations, including operations in the outdoor
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patio, comply with the requirements identified in Chapters 5.28, 10.26,
10.028.020, and 20.48.090(E) of the City's Municipal Code.
The proposed project would generate temporary or periodic noise increases associated
with construction activities. Over the estimated 15-month construction period, estimated
average noise levels experienced by surrounding properties would range from 85 dBA
during pile installation to 56 dBA during architectural coating activities (painting).
However, compliance with the timing provisions of Section 10.28.040 (Construction
Activity—Noise Regulations) during construction activities, the proposed project impacts
to would be reduced to below a level of significance. Mitigation Measure MM N-2
requires compliance with Section 10.28.040 and other noise control measures to reduce
temporary construction noise impacts to a level less than significant.
MM N-2 Prior to the issuance of any grading permit or building permit for new
construction, the City of Newport Beach Community Development
Department shall confirm that the grading plan, building plans, and
specifications stipulate that:
a) All construction equipment, fixed or mobile, shall be equipped with
properly operating and maintained mufflers and other State-
required noise attenuation devices.
b) During the construction phase, the Project Applicant shall ensure
that construction hours, allowable work days, and the telephone
number of the job superintendent are clearly posted at all
construction entrances to allow residents to contact the job
superintendent. If the job superintendent receives a complaint, the
superintendent shall investigate, take appropriate corrective action,
and report the action to the appropriate party.
c) When feasible, construction haul routes shall be designed to avoid
noise sensitive uses (e.g., residences, convalescent homes, etc.).
d) During construction, stationary construction equipment shall be
placed such that emitted noise is directed away from sensitive
noise receivers.
e) Construction activities that produce noise shall not take place
outside of the allowable hours specified by the City's Municipal
Code Section 10.28.040 (7:00 a.m. and 6:30 p.m. on weekdays,
8:00 a.m. and 6:00 p.m. on Saturdays; construction is prohibited on
Sundays and/or federal holidays).
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Mandatory Findings of Significance
As discussed in the Biological Resources section, waterside construction and dredging
activities associated with the proposed project have the potential to degrade the quality
of the environment, temporarily reduce the habitat of fish and wildlife species, and
eliminate eelgrass. However, mitigation measures would ensure that these impacts are
reduced to below a level of significance.
Mitigation Monitoring and Reporting
CEQA requires that all public agencies establish monitoring and/or reporting procedures
for mitigation measures adopted as conditions of approval in order to mitigate or avoid
significant project impacts. The reporting or monitoring program must be designed to
ensure compliance during project implementation. The City is the lead agency for the
proposed project and is therefore responsible for implementing the Mitigation Monitoring
and Reporting Program (MMRP).
The MMRP provides a timeframe for performance of the Project Design Features
(PDFs), Standard Conditions (SCs), and Mitigation Measures (MMs) or review of
evidence that mitigation has taken place, is provided. The MMRP also identifies the
responsible party for implementing the mitigation measures. Finally, the MMRP
provides the criteria for mitigation; either in the form of adherence to certain adopted
regulations or identification of the steps to be taken in mitigation (see Page 6-1 of the
Draft MND).
Public Review and Comments
The 30-day public review period for the MND began on August 18, 2014, and ended on
September 17, 2014. Notice of Intent (NOI) to adopt the MND was distributed to the 1)
organizations and individuals who have previously requested such notice in writing to
the City; 2) direct mailing to the owners of property within a 300-foot radius of the
project site; 3) responsible and trustee agencies (public agencies that have a level of
discretionary approval over some component of the proposed project); 4) the County of
Orange Clerk; and 5) the California Office of Planning and Research, State
Clearinghouse, for review by State agencies.
A copy of the MND was made available on the City's website, at each branch of the
Newport Beach Public Library, and at the Community Development Department at City
Hall.
The City received ten letters and/or emails with comments on the Draft MND (see
Attachment PC 2). The City's environmental consultant has prepared detailed
responses to these comments (see Attachment No. PC 1, Exhibit B).
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Errata
An errata has been prepared to clarify, refine, and provide supplemental information for
the Draft Mitigated Negative Declaration (see Attachment No. PC 1, Exhibit B).
Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to property owners within
300 feet of the property and posted at the site a minimum of 10 days in advance of this
hearing consistent with the Municipal Code. Additionally, the item appeared upon the
agenda for this meeting, which was posted at City Hall and on the City website.
Prepared by: Submitted by:
Patrick J. Alford, Planning Manager Sr ?na isnes i, ICP, Deputy Director
ATTACHMENTS
PC 1 Draft Resolution
a. Exhibit A— MND and MMRP(under separate cover)2
b. Exhibit B — Response to Comment Letters/Errata
PC 2 Comments on the Draft MND
2 The Draft Initial Study/Mitigated Negative Declaration was distributed the Planning Commission on
August 15, 2014. It can be viewed and downloaded at htto://www.newi)ortbeachca.gov/cecadocuments.
-4
Attachment No. PC 1
Draft Resolution
Exhibit A — MND and MMRP
Exhibit B — Response to Comment Letters/Errata
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RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF NEWPORT BEACH ADOPTING MITAGED
NEGATIVE DECLARATION NO. ND2013-002 (SCH NO.
2014081044) FOR BALBOA MARINA WEST LOCATED AT
151 AND 201 EAST COAST HIGHWAY (PA2012-103)
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 and the Irvine Company, with
respect to property located at 151 and 201 East Coast Highway, to construct a new
public boat dock in the Newport Harbor, improve and expand the existing Balboa
Marina, and construct a 19,400 square feet marine commercial building for a yacht
brokerage office, public restrooms, and a restaurant.
2. A public hearing was held by the Planning Commission on October 2, 2014, in the
City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California. A
notice of time, place and purpose of the meeting was given in accordance with
the Newport Beach Municipal Code. Evidence, both written and oral, was
presented to, and considered by, the Planning Commission at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1 . An Initial Study and Mitigated Negative Declaration have been prepared in
compliance with the California Environmental Quality Act (CEQA), the State
CEQA Guidelines, and City Council Policy K-3.
2. The draft Mitigated Negative Declaration was circulated for a 30-day comment
period beginning on August 18, 2014, and ending on September 17, 2014. The
environmental document and comments on the document were considered by
the Planning Commission.
3. An Errata to the Mitigated Negative Declaration (Exhibit "B"), dated September
23, 2014, was prepared which clarifies and augments data in the document, and
supports the conclusions reached in the draft Mitigated Negative Declaration.
Consistent with CEQA Guidelines section 15073.5(c)(4), recirculation of the
Mitigated Negative Declaration is not required when new information is added to
the document which merely clarifies, amplifies, or makes insignificant
modifications to the Mitigated Negative Declaration.
4. The Mitigated Negative Declaration, including the Mitigation Monitoring and
Reporting Program is attached as Exhibit "A". The Response to Comments and
Errata are attached as Exhibit "B". The documents and all material, which
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constitute the record upon which this decision was based, are on file with the
Planning Division, City Hall, 100 Civic Center Drive, Newport Beach, California.
5. On the basis of the entire environmental review record, the proposed project,
with mitigation measures, will have a less than significant impact upon the
environment and there are no known substantial adverse effects on human
beings that would be caused. Additionally, there are no long-term environmental
goals that would be compromised by the project, nor cumulative impacts
anticipated in connection with the project. The mitigation measures identified and
incorporated in the Mitigation Monitoring and Reporting Program are feasible and
will reduce the potential environmental impacts to a less than significant level.
6. The Planning Commission finds that judicial challenges to the City's CEQA
determinations and approvals of land use projects are costly and time
consuming. In addition, project opponents often seek an award of attorneys' fees
in such challenges. As project applicants are the primary beneficiaries of such
approvals, it is appropriate that such applicants should bear the expense of
defending against any such judicial challenge, and bear the responsibility for any
costs, attorneys' fees, and damages which may be awarded to a successful
challenger.
SECTION 4. DECISION.
NOW THEREFORE, the Planning Commission of the City of Newport Beach,
California, hereby adopts Mitigated Negative Declaration No. ND2013-002 (SCH NO.
2014081044) and the Mitigation Monitoring and Reporting Program as depicted in Exhibit
"A", and the Response to Comments and Errata as depicted in Exhibit "B", which are
attached hereto and incorporated by reference.
PASSED, APPROVED AND ADOPTED THIS 2"d DAY OF OCTOBER, 2014.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:
Larry Tucker, Chairman
BY:
Jay Myers, Secretary
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Exhibit "A"
Mitigated Negative Declaration ND2013-002 (SCH No. 2014081044)
Including the Mitigation Monitoring Reporting Program
This document is available at:
http://www.newportbeachca.gov/cegadocuments
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Exhibit "B"
Response to Comments and Errata
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I Tustin, CA I San Diego, CA I Murrysville, PA IN 923-003
N I J 17542 East 17th Street, Suite 100 Tustin, CA 92780 p714.505.6360 f714.505.6361
MEMORANDUM
To: Patrick Alford, City of Newport Beach
From: Tracy Zinn, Principal
Re: BALBOA MARINA WEST IS/MIND: RESPONSE TO COMMENT LETTERS
Date: September 23, 2014
As the California Environmental Quality Act (CEQA) Consultant contracted to the City of Newport Beach for the
Balboa Marina West project,you asked that I supply responses to the comment letters received by the City of Newport
Beach related to the Initial Study/Mitigated Negative Declaration(IS/MND). Responses to the substantive points of
each letter are provided below.
NOTE: There is a pagination error in the printed version of the IS/MND.Pages 5-41 to 5-44 repeat,which throws off
the numbering sequence(i.e.,the second Page 5-41 should be Page 5-45,the second page 5-42 should be 5-46,etc.).
This error does not occur in the electronic version of the IS/MND provided on CD and online.For this reason,page
numbers for both the printed version and electronic version of the IS/MND are given below for all page number
references.
California Cultural Resource Preservation Alliance,Inc. (CCRPA)
August 18, 2014
Summary of Comments
This letter discusses concerns related to the potential discovery of significant archaeological resources and potential
disturbance to humans remains.With respect to Mitigation Measure CR-1,the CCRPA suggests that ground disturbing
activities be monitored by a qualified archaeologist. In addition, the CCRPA suggests that a mitigation measure be
added to comply with Section 7050.5 of the California Health and Safety Code,pertaining to the discovery of human
remains.The CCRPA also requests that if significant archaeological resources are discovered and archaeological data
recovery excavations are implemented,the data recovery plan should include the preparation of a non-technical report
and public exhibit. The comment references the goals and policies of the National Park Service Historic Sites Act of
1935 and Section 1 of the National Historic Preservation Act of 1966,concerning historic sites,buildings,and objects
of national significance.
Response
In response to this comment,Mitigation Measure MM CR-1 has been revised to require that the construction contractor
be trained to identify suspected archaeological resources;or,that a professional archaeological monitor be retained to
monitor ground-disturbing activities in previously undisturbed, native soils. Either circumstance would provide the
same assurance that suspected resources are identified for evaluation.
The IS/MND acknowledges the remote potential for Native American human remains to be unearthed during
construction activity (IS/MND electronic version pp. 5-63, 64 and printed version pp. 5-60, 61). Compliance with
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California Health and Safety Code,§7050.5"Disturbance of Human Remains"is required by state law.The mandatory
provisions of state law are not required to be repeated as mitigation measures.
As specified by Mitigation Measure MM CR-1,a data recovery plan is required if a suspected archaeological resource
is uncovered and a professional archaeologist determines that the resource is significant or potentially significant.The
specifics of the data recovery plan will depend on the nature of the resource. Significant resources are required to be
documented and placed in a public or private repository.Recovered resources are not required by state or federal law
to be exhibited.The potential that any uncovered resource would rise to a level of national significance and be eligible
for recognition under the National Park Service Historic Sites Act of 1935 or the National Historic Preservation Act of
1966 is highly unlikely and not reasonably foreseeable.
The City has revised IS/MND Mitigation Measure MM CR-1. The revised mitigation measure is an amplification of
the measure,is not a substantial modification to the IS/MND, and does not require the IS/MND to be recirculated.
Metropolitan Water District of Southern California
August 28, 2014
Summary of Comments
This letter states that the Metropolitan Water District of Southern California has no existing facilities or rights of way
within the limits of the project site.
Response
This comment letter is acknowledged.
No revisions to the IS/MND are warranted
City of Irvine Community Development
August 28,2014
Summary of Comments
This letter states that the City of Irvine staff have received and reviewed the information provided and have no
comments.
Response
This comment letter is acknowledged.
No revisions to the IS/MND are warranted.
Jackson DeMarco Tidus Peckenpaugh
September 9,2014
Summary of Comments
This letter requests a copy of the Project's grading plan cited in the IS/MND as"Stantec,2014."Additionally,the letter
requests reference material for a statement in the IS/MND that the Project is expected to generate a demand for 3,395
gallons per day (gpd)of domestic water.
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Response
The City of Newport Beach Community Development Department,Planning Division,provided the grading plan and
requested reference material (filed in the Project's administrative record with the City of Newport Beach) to the
commenter by e-mail on September 11,2014.IS/MND,Section 7,"References,"has been revised to include a citation
for the water demand reference material.
The City has added a reference citation to the IS/MND. The reference material was included in the City's
administrative record during public review of the draft IS/MND, is not new information, is not a substantial
modification to the IS/MND, and does not require the IS/MND to be recirculated.
California Department of Transportation (Caltrans) District 12
September 12, 2014
Summary of Comments
This letter identifies Caltrans as a commenting and responsible agency on the Project.Caltrans indicates that any work
performed within the Caltrans right-of-way(East Coast Highway)will require discretionary review and approval by
Caltrans, and an encroachment permit and traffic control plan will be required.
Response
The Project proposes a small amount of physical disturbance in the Caltrans right-of-way at the Balboa Marina
entrance driveway as shown on IS/MND Figure 3-11. In response to this comment, IS/MND Table 3-1 has been
revised to list Caltrans as a responsible public agency,for issuance of an encroachment permit and approval of a traffic
control plan.
The City has revised IS/MND Table 3-1 to identify Caltrans. The addition is not a substantial modification to the
IS/MND, and does not require the IS/MND to be recirculated.
State Clearinghouse
September 16, 2014
Summary of Comments
This letter acknowledges compliance with the State Clearinghouse review requirements for draft environment
documents pursuant to CEQA. This comment is noted.
Response
This comment letter is acknowledged.
No revisions to the IS/MND are warranted.
Still Protecting Our Newport(SPON)
September 16,2014
Summary of Comments
This letter expresses disagreement with the City's determination that a MND adequately addresses the impacts of the
Project due to proposed heights,visual impacts,parking impacts,ingress and egress from Pacific Coast Highway,and
increased intensity of bay use. The letter requests that the City prepare an Environmental Impact Report(EIR).
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Response
The comment letter does not provide any detail or evidence to support the commentor's claim that the MND does not
adequately address the Project's environmental effects. The IS/MND evaluates the Project and determines that all
impacts would be less than significant or reduced to a level of less than significant with mitigation measures applied.
The IS/MND thoroughly evaluates the issue of proposed heights and visual impacts under the topic of"Aesthetics"
(1S/MND Section 5.4.1; pp. 5-14 to 5-36). As concluded by IS/MND Section 5.4.1, although the Project would
introduce a new marine commercial building up to 40 feet in height that could be perceived as a substantial change to
the existing views of the site from off-site locations,implementation of Mitigation Measure MM AE-1 would ensure
that the future marine commercial building is designed in a manner that provides architecturally enhanced components
while demonstrating compatibility with existing developed elements in the surrounding viewshed.Changes due to the
introduction of new boat slips would be less than significant because the new boat slips would appear as an extension
of the existing boat slips that occur in Newport Harbor.Additionally,improvements to the parking lot and associated
landscaping would not be prominently visible from off-site locations and would not represent a substantial change as
compared to the existing condition. Six(6)visual simulations are included in the IS/MND as Figures 5-6 to 5-11 to
support this conclusion. Therefore,with implementation of Mitigation Measure MM AE-1, Project-related impacts
associated with building height and visual quality would be reduced to below a level of significance.
The IS/MND thoroughly evaluates the topic of parking and ingress and egress from East Coast Highway under the
topic of"Transportation/Traffic"(IS/MND Section 5.4.16;electronic version pp. 5-112 to 5-124 and printed version
pp. 5-108 to 5-120). The Project would generate approximately 1,506 daily vehicle trips.These trips would increase
traffic by less than 1%at intersections that experience congestion(defined as operating at a Level of Service D(LOS
D) or worse during the morning/evening peak hours). The Project site's ingress and egress point is a driveway
connecting to East Coast Highway and is not congested or projected to become congested. Accordingly,the Project
would not conflict with any applicable plan, ordinance or policy establishing measures of effectiveness for the
performance of the circulation system. Regarding parking, the Project is required to supply an adequate number of
parking spaces on the property consistent with the City's Municipal Code parking requirements. Also, the overall
layout of the existing parking lot would be reconfigured to improve circulatory access through the site. Parking and
ingress and egress impacts will be less than significant and mitigation is not required.
The IS/MND thoroughly evaluates the topic of increased bay use intensity under the topic of"Land Use and Planning"
(IS/MND Section 5.4-10;electronic version pp. 5-90 to 5-95 and printed version 5-86 to 5-91).The City of Newport
Beach land use plans, policies, and regulations applicable to the proposed Project include the City's General Plan,
Coastal Land Use Plan,and Zoning Code/Municipal Code.Based on the information presented in the IS/MND and in
its Technical Appendix Ml,"General Plan Consistency Analysis"and Technical Appendix M2,"Coastal Land Use
Plan Consistency Analysis,"the Project would not conflict with any applicable plan,policy,or regulation adopted for
the purpose of avoiding or mitigating an environmental impact.The Project site is designated Recreational and Marine
Commercial (CM 0.3 FAR) by the City's General Plan and Zoning Ordinance and is designated Recreational and
Marine Commercial (CM-A 0.00-0.30 FAR) by the Coastal Land Use Plan. The Project is consistent with those
designations. Furthermore, Mitigation Measure LU-1 ensures that City review of future applications for a Site
Development Review and a Conditional Use Permit will require mandatory compliance with all applicable General
Plan and Coastal Land Use Plan policies. Accordingly, impacts will be less than significant with mitigation
incorporated.
The IS/MND also evaluates the topic of bay use under the topics of"Aesthetics"(IS/MND Section 5.4-1;pp. 5-14 to
5-36),"Biological Resources(IS/MND Section 5.4.4;electronic version pp.5-49 to 5-60 and printed version pp.5-45
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to 5-56) "Hydrology and Water Quality" (IS/MND Section 5.4-9;.electronic version pp. 5-82 to 5-90 and printed
version pp. 5-78 to 5-86),and"Land Use and Planning"(IS/MND Section 5.4-10;electronic version pp.5-90 to 5-95
and printed version 5-86 to 5-91).Aesthetic changes in the bay due to the introduction of new boat slips would be less
than significant because the new boat slips would appear as an extension of the existing boat slips that already occur in
Newport Harbor and the new slips would not obstruct a scenic view or substantially degrade the existing visual quality
or character of the area. Six(6)visual simulations are included in the IS/MND to support that conclusion.In regards to
biological resource impacts, all impacts in the bay would be temporary and occur during the Project's construction
period. This conclusion is supported by Technical Appendix B,"Marine Biological Assessment,Technical Appendix
C, "Jurisdictional Delineation Report,"Technical Appendix D, "Coastal Engineering Study,Technical Appendix E,
"Impact Assessment for Proposed Project Alternatives,"and Technical Appendix F, "Dredged Material Evaluation
Sampling and Analysis Report." Based on the conclusions of these extensive technical analyses, the Project's
biological impacts would be limited to temporary impacts during its construction period and impacts to a small area of
eelgrass.Mitigation Measures MM BR-1 to MM BR-6 are required to ensure that all biological resource impacts are
reduced to below a level of significance. Similarly, temporary water quality impacts identified in the IS/MND
associated with turbidity during water-side construction would be reduced to below a level of significance by
Mitigation Measure MM HWQ-2.Potential operational-related water quality impacts are identified and addressed in
Technical Appendix I,"Preliminary Water Quality Management Plan,"and potential impacts would be mitigated to a
less than significant level by the preparation and implementation of a Marina Management Plan required by Mitigation
Measure MM HWQ-1.
In conclusion,based on the IS/MND and all of the information contained in the IS/MND Technical Appendices and
Project's administrative record,the City finds no substantial evidence that the Project would have a significant effect
on the environment.As such, an EIR is not required.
No revisions to the IS/MND are warranted.
Jackson DeMarco Tidus Peckenpaugh
September 17,2014
Summary of Comment I
The letter claims that the IS/MND violates CEQA by failing to analyze and mitigate the potential environmental
impacts of the Project together with the approved Back Bay Landing and pending harbor water bus/taxi projects.
Response
The IS/MND contains an analysis of cumulative effects and considers the Back Bay Landing project. The IS/MND
(electronic version pp. 5-131, 132 and printed version pp. 5-127, 128) listed the cumulative projects that were
considered in the analyses, but inadvertently only listed the approved projects and not the projects that are under
consideration and not yet approved.Table 7 of the Project's traffic study(IS/MND Technical Appendix K,p.44)listed
those projects as follows:
Project Name
Koll-
Back Ba
Banning
Old City Hall Complex Redevelopment/Lido House
Newport Coast-TAZ 1
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Newport Coast- TAZ 2
Newport Coast- TAZ 3
Newport Coast- TAZ 4
Although the list of these projects was inadvertently omitted from the IS/MND(electronic version pp. 5-131, 132 and
printed version pp. 5-127, 128), they were considered and evaluated in the IS/MND analyses and in the analyses
provided in Technical Appendices A (Air Quality and Greenhouse Gas), J (Noise), and K(Traffic). The IS/MND
(electronic version p. 5-132 and printed version p. 128)has been revised accordingly to list the above projects.The
"Water Bus/Taxi"project noted in this comment is speculative.Although the City has discussed the possibility of a
water bus/taxi,an application has not been filed,its feasibility is uncertain,and a feasibility study is not yet complete.
As such, it is not a"project" as defined by CEQA and is certainly not a reasonably foreseeable project that warrants
consideration in a cumulative effects analysis. In addition, because of its speculative nature, there are no details to
study at this time.
The Back Bay Landing project and the proposed Balboa Marina West project are two distinct projects and are not the
same project.The Back Bay Landing project proponent is Bayside Village Marina,LLC,whereas the Balboa Marina
West project proponents are Irvine Company and the City of Newport Beach.The Back Bay Landing Draft EIR was
completed and circulated for public review in October 2013,whereas the Balboa Marina West project application was
not on file with the City of Newport Beach until December 2013.Regarding the cumulative evaluation of aesthetics,
the Back Bay Landing project is located on the north side of East Coast Highway whereas the Balboa Marina West
project is proposed on the south side of East Coast Highway. The highway provides a clear visual separation. In
addition,the Back Bay Landing EIR(SCH No.2012101003)concluded that the Back Bay Landing project's aesthetic
impacts would be less than significant.The one building proposed on the Balboa Marina West property would have a
less than significant potential to result in a significant, cumulatively considerable aesthetic impact, especially
considering that the two projects are physically separated by a highway.
The City has added the full list of evaluated cumulative projects to the IS/MND.The full list of projects was included
in the City's administrative record during public review of the draft IS/MND, is not new information, is not a
substantial modification to the IS/MND, and does not require the IS/MND to be recirculated.
Summary of Comment 2
The comment letter suggests that the IS/MND should be revised to include additional information to analyze and
mitigate the Project's temporary and permanent noise and vibration effects on residences on Linda Isle.
Linda Isle is a private,gate-guarded community.As stated in the MND and noise study(Technical Appendix J),data
gathered during the 2008/9 noise and vibration monitoring conducted by Anchor QEA at Linda Isle during the
construction of the original Balboa Marina dock replacement project was used to analyze and access potential noise
and vibration impacts associated with the proposed Project. The 2008/9 Balboa Marina dock replacement project
involved demolition,seawall repair,pile installation,dredging,and new marina construction and the same contractor,
equipment, and construction techniques will be employed by the currently proposed Project. Therefore, additional
measurements taken from Linda Isle were unnecessary.
Based on the professional opinion of David Wieland,Principal Consultant of Wieland Acoustics having more than 30
years of experience in acoustical and vibration analyses,the acoustical study prepared by Wieland for the operation of
the proposed marine commercial building,including a potential restaurant tenant,presents an adequate and appropriate
mitigation measure for protecting the residents of Linda Isle from significant noise level increases associated with the
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building's operation. As stated in the MND and the noise study (Technical Appendix J), a potentially significant
impact is only anticipated if the proposed building has noise-generating activities on an outdoor patio and/or live
entertainment.At this early stage of the planning process, it is not known whether the future building will have such
noise-generating uses. In addition,the Project is still in its Approval in Concept stage and design characteristics of the
building are not yet known,including the location and design of any outdoor dining areas.The need for such measures
will be addressed in a subsequent acoustical study that will be prepared once the design of the building and the
operational parameters for the building tenants are known as required by Mitigation Measure MM N-1. Mitigation
Measure MM N-1 specifies the requirement for the subsequent acoustical study and provides a performance measure
(compliance with the requirements identified in Chapters 5.28, 10.26, 10.028.020, and 20.48.909(E) of the City of
Newport Beach Municipal Code,which address noise.)
The issue of potential noise impacts from pedestrians walking to and from the parking areas and the proposed marine
commercial building is not addressed directly in the Wieland Acoustics study (Technical Appendix J); however,
pedestrian activity was included in the analysis. The SoundPLAN model that was used to analyze parking lot noise
levels(refer to Section 9.2.3 of Technical Appendix J)included a+3 dB correction to account for the noise of patrons
in the parking lot.This model anticipated pedestrians walking throughout the entire parking area,including along the
marina frontage.In addition,the issue of noise from activities in the parking lot was addressed in Section 9.2.3 of the
Technical Appendix J.As indicated in the Wieland Acoustics study,it is anticipated that activities in the parking lot
(vehicle movements,car doors opening and closing,patrons talking,etc.)will generate a noise level that is well below
the City's daytime and nighttime noise standards, as established by the City of Newport Beach Municipal Code.
Therefore,mitigation is not required or recommended. It should also be noted that there is a large parking lot on the
property under existing conditions and the proposed,reconfigured parking lot would not be a new introduced activity.
Regarding the issue of vibration,Technical Appendix J indicates that there is always the potential risk for structural
damage, even at relatively low vibration velocities. To address this, there was an extensive monitoring program
conducted during the initial reconstruction of Balboa Marina in 2008/9. The monitoring report prepared by Anchor
QEA(included as Enclosure 1 of Technical Appendix J)showed that there was no structural damage at any location in
the Project's vicinity, including at Linda Isle. Because the waterside improvements associated with the proposed
Balboa Marina West project will include fewer piles than with 2008/9 reconstruction,and because most of the piles
will be installed farther away from Linda Isle than with the 2008/9 reconstruction, it is the professional opinion of
Wieland Acoustics,based on substantial evidence from the 2008/9 monitoring program,that no structural damage will
result at Linda Isle from construction of the Balboa Marina West waterside improvements.The methodology that will
be used to install the piles for the landside improvements will produce even less vibration than the methodology used
to install the waterside improvements.Therefore,the MND appropriately concludes,with sufficient evidence from the
extensive monitoring that occurred in 2008/9,that no structural damage will result at Linda Isle from construction of
Balboa Marina West.AttachmentA to this Response to Comments document is an exhibit that was included in the final
noise/vibration report prepared by Anchor QEA. The report documented the results of extensive noise and vibration
monitoring during the 2008/9 reconstruction of Balboa Marina.The exhibit shows 16 locations for meter installations.
The range of the monitoring activity is depicted by a blue line along the property seawalls extending along the entire
frontage of properties facing Balboa Marina.Monitors and meters were re-positioned as required since equipment and
construction activity changed location as work progressed.
No revisions to the IS/MND are warranted.The comments do not support a fair argument that the analysis as presented
in the IS/MND is insufficient or a fair argument that there will be significant impacts.
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Summary of Comment 3
The comment letter requests revisions to the IS/MND to provide additional information and analysis of the Project's
water and wastewater demands.
Response
IS/MND Section 3.1.2.B states that based on typical utility usage rates for restaurants and commercial establishments,
the proposed marine commercial building is expected to generate a utility demand for 3,395 gallons per day(gpd)of
water and 2,755 gpd of wastewater treatment capacity.In response to this comment,Stantec was asked to provide more
detail, and supply water and wastewater treatment demand calculations for the entirety of the Project site, without
taking any credit for water demand or wastewater generation by existing uses on the property. Stantec's full
memorandum, dated September 23,2014, is attached to this Response to Comments document.
Stantec provided the following table, based on normal year water demand factors provided by Irvine Ranch Water
District.The calculation of water demand for landscape areas is based the City's Landscape Ordinance and requirement
for drought tolerant plant material pursuant to California Coastal Commission guidelines and the City of Newport
Beach's Water Efficient Landscape Ordinance(Municipal Code Chapter 14.17).Dry year water demands are based on
emergency drought conditions,where water demand reduction measures are required to be implemented.A normal-
year water demand for the Project is calculated by Stantec to be 4,479 gpd. A dry-year 20%reduction in water usage
for the Project would result in a usage of 3,583 gpd.
Table 1 - Normal Year Annual Water Demands
Use Area Water Demand Demand
Factor (gpd)
Restaurant&Portia 19.000 sf 175 gpd/1,000 sf 3,325
Yacht Brokerage Office 200 sf 175 gpd/1,000 sf 35
Marina Restrooms 200 sf 175 gpd/1,000 sf 35
Subtotal Domestic Water Demands 19,400 sf 3,395
Landscape Area Irrigation Demands 1 36.947 sf - 1,084
Total Normal Year Water Demands 4,479
a Landscape area water aenwra oaa Uama bosea on the City of Newport eeaan Lara;oape arainame for
armama Anrx wafer Lye IPAwul.calaLmrions ale anacnea.
Stantec also provided the following table,which verifies that the figure of 2,755 gpd of wastewater treatment capacity
demand cited in IS/MND Section 3.1.2.B is accurate.
Table 2-Wastewater Generation
use Area Wafer Demand Demand
Factor (gpd)
Restaurant&Patio 19.000 sf 142 gpd/1,000 sf 2,698
Yacht Brokerage Office 200 sf 142 gpdf l.000 sf 28
Marina Resfrooms 20D sf 142 gpd/1,000 sf 28
Landscape Area 36.947 sf - -
TotalWastewaterGenerafion 2.755
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The conclusion given in the IS/MND that there is a sufficient water supply and sufficient wastewater treatment
capacity to service the proposed Project is accurate. As shown above, there is no change to the IS/MND's reported
wastewater generation calculation of 2,755 gpd. IS/MND Section 5.4.17 (electronic version p. 5-127 and printed
version p. 123),has been updated to indicate a total normal year water demand of 4,479 gpd,including water demand
for landscaping taking no credit for water used by existing uses on the property(including landscaping).
Even through the Project's total water demand will be greater than the building-only demand reported in the IS/MND
distributed for public review,the total demand would still result in a less than significant impact to the environment.
The City's Urban Water Management Plan(UWMP) assumes build-out of the City in accordance with its General
Plan,which designates the Project site as Marine Commercial(CM 0.3 FAR).The proposed Project is consistent with
the CM 0.3 FAR designation,and thus its water demand is planned for by the UWMP,and the City has entitlements to
sufficient water supplies to serve its existing and projected demand.
Dry year water demands are based on emergency drought conditions,where water use reduction measures are required
to be implemented. This year, the Governor of California issued Proclamation No. 1-17-2014, to campaign the
requirement to reduce water demands by 20%. The proposed Project, like all development in the City, would be
required to implement the necessary measures as would be required by the City of Newport Beach,Ordinance No.
2009-24. A 20%reduction in water usage for the Project would result in a daily usage of 3,583 gpd. This would be
achievable through conservation efforts by the marine commercial building tenant, with the most savings due to
restrictions on landscape watering days and durations imposed by the City.Accordingly,the Project would not result in
the need to expand water entitlements. A less-than-significant impact would occur and mitigation is not required.
The City has revised IS/MND to identify the water demand for the entire Project site.The revision is not a substantial
modification to the IS/MND, and does not require the IS/MND to be recirculated.
Summary of Comment 4
The comment letter requests additional information and analysis of the Project's aesthetic impacts,particularly related
to light, glare, and building height.
Response
The IS/MND contains an extensive evaluation of potential aesthetic impacts,including the effects of light,glare,and
scenic view obstruction associated with building height.The existing Balboa Marina parking lot is tiered under existing
conditions. Some portions of the parking lot are proposed to be raised in grade,and other portions are proposed to be
lowered in grade.The parking spaces in the southern portion of the Project site would be lowered,not raised.Also,a
portion of the raised area would be located immediately north of the proposed building and the building would block
vehicle headlights from view of Linda Isle.In addition,a number of the proposed parking spaces will occur under the
proposed marine commercial building, which also will effectively block light from vehicles parked in those spaces
from view of Linda Isle. The portion of the parking lot that is proposed to be raised and within view of Linda Isle is
designed to be positioned behind a landscape zone densely planted with trees.Refer to IS/MND Figure 3-9,Conceptual
Landscape Plan. As shown, a double row of trees is proposed in this landscape island. This landscaped island is a
Project design feature, not a mitigation measure. Therefore, there is no potential for vehicle headlights in the
reconfigured parking lot to result in a new source of substantial light or glare. It should also be noted that there is a
large parking lot on the property under existing conditions and the proposed,reconfigured parking lot and light from
vehicle headlights would not be a new introduced activity.
Regarding the conceptual design of the proposed building, the Project is still in its Approval in Concept stage and
design characteristics of the building are not yet known.Regardless,the IS/MND presents an extensive evaluation of
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the maximum permitted bulk and scale of the building,to a maximum height of 40 feet. Six(6)visual simulations were
prepared,presented in the IS/MND, and analyzed for the building's potential to substantially block public views or
result in a substantial degradation of the existing visual character or quality of the site and its surroundings. The
IS/MND concluded that the maximum building height of 40 feet would not substantially block public views or degrade
visual character or quality of the site and its surroundings.However,because the specific architectural details of the
building are not known at this time,Mitigation Measures MM AE-1 and AE-2 are imposed to ensure that when the
future building design is reviewed by the City, it meets all of the applicable policies of the City's General Plan and
Coastal Land Use Plan.Because impacts would be less than significant,there is no need to impose a height restriction
on the structure beyond the height restriction already imposed by the City's Coastal Land Use Plan.
No revisions to the 1S/MND are warranted.The comments do not support a fair argument that the analysis as presented
in the IS/MND is insufficient or a fair argument that there will be significant light, glare, or aesthetic impacts.
Summary of Comment 5
The letter suggests that the MND should be revised to provide additional information and clarify the project's grading
impacts.
Response
The earthwork quantities presented in the IS/MND are accurate.A preliminary calculation conducted by Stantec and
attached to the Project's grading plan estimates 3,653 cubic yards (cy)of cut and 7,860 cy of fill. The difference of
2,843 cy (needed fill) would be accomplished by approximately 1,300 cy of upland soils removed as part of the
waterside development(IS/MND Subsection 3.2,p.3-6)and remainder by import.The import quantity using Stantec's
calculations would be approximately 1,543 cy whereas the MND identifies 1,364 cy of import.The difference of 179
cy equates to approximately only nine dump truck trips,as one dump truck carries 20 cy.The Project proponent(Irvine
Company)owns many properties within one-mile of the Project site,from which the earth material would be hauled.
The haul distance of one mile is therefore established,and accurate for analysis.Based on the design characteristics of
the Project disclosed in IS/MND Section 3.0,Project Description,the number of construction-related trips would be far
less than the operational-related trips fully analyzed for the Project. Reference citations to the Stantec grading plans
have been corrected in the IS/MND.
No revisions to the IS/MND are warranted.The comments do not support a fair argument that the analysis as presented
in the 1S/MND is insufficient or a fair argument that there will be significant impacts resulting from the hauling of
earth material.
Summary of Comment 6
The comment letter suggests that the MND must be revised and recirculated.
Response
CEQA Guidelines Section 15073.5 describes the conditions under which a MND that was circulated for public review
is required to be re-circulated for additional public review and comment. CEQA Guidelines Section 15073.5 states a
lead agency is required to recirculate a MND when the document is substantially revised.A"substantial revision"is
defined as a circumstance under which:
a. Anew,avoidable significant effect is identified and mitigation measures or project revisions must be added in
order to reduce the effect to insignificance; or,
b. The lead agency determines that the proposed mitigation measures or project revisions will not reduce
potential effects to less than significance and new measure or revisions must be required.
www.tbplanning.com
PLANNING I DESIGN I ENVIRONMENTAL I GRAPHICS
32
A I ! BALBOA MARINA WEST IS/MND:RESPONSE TO COMMENT LETTERS
ISeptember 23, 2014
Page 11 of 14
P LAN NIN
As summarized above and listed below in the "Errata Table of Corrections and Revisions," there were no public
comments or changes to the text or analysis of the Balboa Marina West IS/MND that resulted in the identification of
any new significant environmental effect requiring mitigation.In addition,based on comments received on the Balboa
Marina West IS/MND,only minor,non-substantive revisions that merely clarify or amplify information presented in
the IS/MND were required (as described below in the Errata Table of Corrections and Additions).Additionally,the
IS/MND circulated for public review was fundamentally and basically adequate,and all conclusions presented in the
IS/MND were supported by evidence provided within the MND or the administrative record for the proposed Project.
Based on the foregoing,recirculation of the IS/MND is not warranted according to the guidance set forth in Section
15073.5 of the State CEQA Guidelines.
The IS/MND does not need to be recirculated based on Section 15073.5 of the State CEQA Guidelines.
Orange County Sanitation District(OCSD)
September 17,2014
Summary of Comments
This letter advises the City that OCSD will be studying realignment options for force mains and relocation options for
sewer pump stations that may impact the Project site. The letter requests that the City of Newport Beach provide
connection points and confirm that capacity is available in the local sewer collection system for the project.In addition,
the letter notes that any construction dewatering operations must be permitted by OCSD before discharges begin.
Response
The OCSD's pending sewer force main and pump station study is acknowledged. The Project would not preclude
OCSD from conducting its study or identifying the Project site as a potential location for relocated facilities.The City
will work with OCSD as requested in a cooperative manner. The IS/MND discloses that the Project would generate
approximately 2,755 gallons per day of wastewater (electronic version p. 5-125 and printed version p. 5-121).
Connection points to OCSD collection lines would be installed on-site by the Project with adequate conveyance
capacity. OCSD review and approval of the water quality of any discharges and related measures is acknowledged.
No revisions to the IS/MND are warranted.
Department of Fish and Wildlife (CDFW)
September 19,2014
Summary of Comments
This letter acknowledges that the CDFW does not object to the Project's eelgrass mitigation proposal and identifies
current eelgrass transplantation requirements,which requires two authorizations instead of one.
Response
This comment letter is acknowledged. 1S/MND Table 3-1 lists the CDFW and cites the requirement for a Letter of
Authorization. The additional authorization for a Scientific Collecting Permit to remove eelgrass has been added to
Table 3-1.
The City has revised IS/MND Table 3-1 to identify CDFW's requirement for a Scientific Collecting Permit. The
addition is not a substantial modification to the IS/MND, and does not require the IS/MND to be recirculated.
www.tbplanning.com
PLANNING I DESIGN I ENVIRONMENTAL I GRAPHICS
33
A I ! BALBOA MARINA WEST IS/MND:RESPONSE TO COMMENT LETTERS
ISeptember 23, 2014
Page 12 of 14
P TANNIN
Orange County Parks
September 22,2014 and September 17,2014
Summary of Comments
This correspondence requests that Table 3-1 be revised to reflect the approval/permit action of securing a lease from
the County to cover the area within County Tidelands and, in the case of private boat slips,pay fair market rent.
Response
IS/MND Table 3-1 lists the County of Orange and cites the requirements for an encroachment permit and State Lands
Commission coordination.The additional requirement for a lease for the portion of the Project in County Tidelands has
been added to Table 3-1.
The City has revised IS/MND Table 3-1 to identify the County of Orange's requirement for a lease.The addition is not
a substantial modification to the IS/MND,and does not require the IS/MND to be recirculated.
Errata Table of IS/MND Corrections and Revisions
NOTE: There is a pagination error in the printed version of the IS/MND.Pages 5-41 to 5-44 repeat,which throws off
the numbering sequence(i.e.,the second Page 5-41 should be Page 5-45,the second page 5-42 should be 5-46,etc.).
This error does not occur in the electronic version of the IS/MND provided on CD and online.For this reason,page
numbers for both the printed version and electronic version of the IS/MND are given in the table below for all page
number references.
Global References to"Project Applicant"has been changed to"Irvine Company"throughout the
Mitigation Monitoring and Reporting Program.
Section 2.5 The IS/MND indicates that the General Plan and Coastal Land Use Plan designations
Figure 2-5 for the property located north of the Project site, north of the East Coast Highway
Figure 2-6 bridge, are Marine Commercial(CM). The City of Newport Beach acted on a General
Plan Amendment and Coastal Land Use Plan Amendment(Back Bay Landing project)
on February 11,2014, to change the designations for that property to Mixed Use
Horizontal (MU-H1 and MUH, respectively). The land use change will not become
effective until such time as the California Coastal Commission approves the Coastal
Land Use Plan Amendment.
Table 3-1 Additional responsible public agencies and approvals have been added to Table 3-1:
California Department of Transportation—Encroachment Permit and Traffic Control
Plan
County of Orange—Lease in County Tidelands
California Department of Fish and Wildlife—Scientific Collecting Permit to remove
eelUass.Letter of Authorization to place eelgrass
back into the environment.
www.tbplanning.com
PLANNING I DESIGN I ENVIRONMENTAL I GRAPHICS 11��
3-T
A I ! BALBOA MARINA WEST IS/MND:RESPONSE TO COMMENT LETTERS
ISeptember 23, 2014
Page 13 of 14
P L A N N I N
MM AE-I The following revision has been made to Mitigation Measure MM AE-1:
Prior to approval of a Site Development Review by the Planning Commission,the
City Planning Division shall review the proposed architectural design of the marine
commercial building to ensure that the design complies with applicable policies of
the City's General Plan and Coastal Land Use Plan related to architectural character
and aesthetics.
MM AE-2 The following revision has been made to Mitigation Measure MM AE-E:
Prior to approval of a Site Development Review by the Planning Commission,the
City Planning Division shall review the architectural design of the proposed marine
commercial building to ensure that non-reflective materials and colors that are
complimentary to the surrounding area are used.
WN1 CR-I The following revision has been made to Mitigation Measure MM CR-1:
Prior to the issuance of grading permits, the City of Newport Beach shall be
Provided evidence that the construction contractor is trained to identify suspected
archaeological resources;or,a professional archaeological monitor shall be retained
to monitor ground-disturbing construction activities in previously undisturbed native
soils.Prior to the issuance of grading permits,the City shall verify that the following
note is included on the grading plan(s):
MM LU-I The following revision has been made to Mitigation Measure MM LU-1:
The City of Newport Beach Planning Division shall review the Project's
applications for a Site Development Review and Conditional Use Permit to ensure
compliance with all applicable General Plan and Coastal Land Use Plan policies that
relate to environmental resource protection.
Section The following revision has been made:
5.4.17(d)
The marine commercial building proposed for the land-side portion of the Project
site is expected to generate a demand for 3,395 gallons per day (gpd) of domestic
water,assuming a 19,000 s.f.restaurant,200 s.f.yacht brokerage office,and 200 s.f.
marina restrooms(Stantec 2014a). Landscape irrigation demands are calculated to
be 1.084 gpd, for a total Project water demand of 4,479 gpd in a normal year. In a
dU year, water use reductions would be required pursuant to City Ordinance No.
2009-24. A 20%water use reduction in a dry year would total 3.583 gpd. (Stantec
2014b
Electronic Page 5-132 has been revised to be consistent with the complete list of cumulative projects
Version that were evaluated for cumulative impacts in the IS/MND. These projects were
Page 5-132 considered in the 1S/MND and were presented in Table 7 of Technical Appendix K(the
traffic study).Although these projects were inadvertently excluded from the list appearing
Printed Version on IS/MND electronic version p. 132 and printed version p. 128, they were fully
Page 5-128 considered as part of the Project's cumulative effects evaluation:
www.tbplanning.com
PLANNING I DESIGN I ENVIRONMENTAL I GRAPHICS
3.�
A I ! BALBOA MARINA WEST IS/MND:RESPONSE TO COMMENT LETTERS
ISeptember 23, 2014
Page 14 of 14
P IA NNIN
Project Name
Koll-
Back Ba
Banning
Old City Hall Complex Redevelopment/Lido House
Newport Coast-TAZ I
Newport Coast-TAZ 2
Newport Coast-TAZ 3
Newport Coast-TAZ 4
Section 7.0 Reference citations have been added.
Stantec 2014a — Stantec, 2014a, Balboa Marina West — Water & Wastewater
Generation Estimate. May 13,2014.
Stantec 2014b—Stantec,2014b,Balboa Marina West—Draft Initial Study/MND—
Response to Comments—Project Water and Wastewater Demands. September 23,
2014.
Attachments
1. Stantec Memo:Balboa Marina West—Draft Initial Study/MND—Response to Comments—Project Water and
Wastewater Demands
2. Wieland Associates Letter: Response to Comment Regarding Acoustical Study for the Balboa Marina West
Expansion in Newport Beach
3. Anchor QEA: Monitoring Locations
www.tbplanning.com
PLANNING I DESIGN I ENVIRONMENTAL I GRAPHICS
so
® Stantec Memo
To: Pat Osborne From: Jeff Dunn
Irvine CA Office Irvine, CA Office
File: 2042 Date: September 23, 2014
Reference: Balboa Marina West- Draft Initial Study/MND- Response to Comments-Project
Water and Wastewater Demands
The purpose of this Technical Memorandum is to address the Draft Initial Study/MND review
comments regarding the water and wastewater demands estimated for the proposed project.
Normal Year Water Demands
The Project water demands are estimated based on the specific land uses proposed for the project,
and based on the water demand factors as previously used. The water demand factors provided
by Irvine Ranch Water District (IRWD) are to be used to estimate normal year conditions for rainfall
and water use conditions. (Table attached) These factors remain applicable in determining normal
year water demands for the project. Table 1 below shows the water demands specific for each land
use. The project is estimated to use 4,479 gpd based on normal year conditions.
Table 1 - Normal Year Annual Water Demands
Use Area Water Demand Demand
Factor (gpd)
Restaurant & Patio 19,000 sf 175 gpd/1,000 sf 3,325
Yacht Brokerage Office 200 sf 175 gpd/1,000 sf 35
-- ........
Marina Restrooms 200 sf 175 gpd/1,000 sf 35
Subtotal Domestic Water Demands 19,400 sf 3,395
Landscape Area Irrigation Demands 36,947 sf 1,084-
Total Normal Year Water Demands 4,479
- Landscape area water demand calculated based on the City of Newport Beach Landscape Ordinance for
Estimated Annual Water Use(EAWU). Calculations are attached.
The landscape areas are proposed to be drought tolerant in compliance with Coastal Commission
guidelines and the City of Newport Beach's Water Efficient Landscape Ordinance (Municipal Code,
Chapter 14.17). Demands for the landscape areas in Table 1 are determined based on the City of
Newport Beach's Landscape Ordinance. (see attached)
Dry Year Water Demands
Dry year water demands are based on emergency drought conditions, where demand mitigation
measures are required to be implemented. This year, the Governor of California issued
Design with community in mind
jd c'.\users\jdunn\desktop\mem_balboa_marina tech_memo_20140923.docx
37
® Stantec
September 23, 2014
Pat Osborne
Page 2 of 2
Reference: Balboa Marina West- Draft Initial Study/MND-Response to Comments-Project Water and
Wastewater Demands
Proclamation No. 1-17-2014, to campaign the requirement to reduce water demands by 20%. The
proposed project to reduce its water usage would be required to implement the necessary
mitigation measures as would be required by the City of Newport Beach, Ordinance No. 2009-24.
A 20% reduction in water usage for the project would result in a daily usage of 3,583 gpd for the
project. This would primarily be achieved through conservation efforts by the restaurant, with the
most savings due to restrictions on landscape watering days and durations by the City.
Wastewater Generation
Wastewater generation is based on the land uses proposed and local interior water use factors
provided by IRWD. Table 2 is provided to show the uses proposed and estimated wastewater
generated by each use. The total wastewater generated by the project is proposed to be 2,755
gpd.
Table 2 -Wastewater Generation
Use Area Water Demand Demand
Factor (gpd)
Restaurant & Patio 19,000 sf 142 gpd/1,000 sf 2,698
Yacht Brokerage Office 200 sf 142 gpd/1,000 sf 28
--------------
Marina Restrooms 200 sf 142 gpd/1,000 sf 28
Landscape Area 36,947 sf -
Total Wastewater Generation 2,755
STANTEC CONSULTING SERVICES INC.
Jeff Dunn
Senior Project Manager, Environment
Phone: (949) 923-6974
Fax: (949) 923-6121
jeff.dunn@stantec.com
Attachment: Table 3-1 Land Use and Water Use Factors (September 2012)
Landscape Area Water Demand Calculations
Design with community in mind
jd c\users\jdunn\desktop\mem_balboa_marina tech_memo_20140923.docx
38
Table 3-1 Land Use and Water Use Factors (September 2012)
Code Land Use Description Land Use Local Demands Irrigation Demands
Average Density Density Units Local-Interior Local-Exterior Total Local %Irrigated Area Irrigation Factor
1100 Residential GaUDU/Dav Gal/Acre/Da
1111 Rural Density-Orange 0.3 du/acre 270 185 455 0% 1,000
1112 Rural Density-Irvine 0.3 du/acre 250 750 1,000 5% 2,800
1115 Rural Density-County 0.26 du/acre 265.0 840.0 1,105 5% 2,800
1121 Estate Density 1.2 du/acre 265.0 340.0 605 5% 2,800
1122 Estate Density 0.5 du/acre 225 18O 405 5% 2,800
1126 Estate Density 0.5 du/acre 265.0 460.0 725 7% 3,000
1131 Low Density 4 du/acre 265.0 340.0 605 8% 2,500
1132 Low Density 3 du/acre 250 200 450 16% 2,800
1133 Low Density 1 du/acre 290 220 510 17% 2,800
1134 Low Density PC 4.5 du/acre 450 800 1,250 17% 2,800
1135 Suburban Density 9.25 du/acre 150 90 240 15% 2,500
1136 Low Density 3 du/acre 225 140 365 20% 2,800
1141 Low-Medium Density 10.5 du/acre 235.0 145.0 380 15% 2,500
1146 Low-Medium Density 11 du/acre 205 150 355 10% 3,000
1153 Medium-Low Density 2.75 du/acre 300.0 240.0 540 10% 2,800
1161 Medium Density 19.5 du/acre 230 170 400 15% 2,800
1162 Medium Density 7.5 du/acre 200 100 300 15% 2,800
1163 Medium Density 5 du/acre 250 220 470 20% 2,800
1164 Medium Density PC 11.8 du/acre 170 105 275 15% 2,800
1166 Medium Density 7.5 du/acre 150 70 220 15% 2,800
1172 Medium-High Density 17.5 du/acre 135 40 175 22% 2,800
1175 Urban Density 29 du/acre 130 40 170 20% 2,800
1176 Medium-High Density 17.5 du/acre 145 70 215 17% 2,500
1182 High Density 32.5 du/acre 140 20 160 20% 2,800
1183 High Density 12.25 du/acre 115 10 125 20% 3,200
1184 High Density PC 17.4 du/acre 115 10 125 15% 2,800
1186 High Density 32.5 du/acre 115 10 125 20% 2,800
1191 High Rise Density-Orange 35 du/acre 135 35 170 20% 2,800
1192 High Rise Density-Irvine 40 du/acre 65 18 83 20% 2,800
1200 Commercial Gal/KSF/Dav Gal/Acre/Da
1210 General Office 20 ksf/acre 62 9 71 20% 2,500
1221 Community Commercial 9 ksf/acre 142 33 175 20% 3,500
1222 Regional Commercial 10 ksf/acre 130 10 140 20% 3,500
1223 Community Commercial-High Density 21 ksf/acre 0.0 0.0 0 100% 0
1230 Commercial Recreation 8 ksf/acre 41 20 61 30% 3,000
1235 Hotel 45 rooms/acre 110 50 160 30% 2,800
1240 Institutional 8 ksf/acre 30 15 45 30% 2,750
1244 Hospital 9 ksf/acre 165 65 230 30% 2,850
1260 School 10 ksf/acre 20 8.0 28.0 50% 2,500
1261 UCI 10 ksf/acre 215 15 230 40% 3,800
1273 Military Air Field 0 ksf/acre 0 0 0 0% 0
1290 Hotel 45 rooms/acre 110 50 160 30% 2,800
1300 Industrial 9.091 600 25 625 20% 2,800
1310 Industrial-Light 18 ksf/acre 60 10 70 20% 2,800
1320 Industrial-Heavy 25 ksf/acre 2,000.0 18 2,018 20% 2,800
Open Space and Other Gal/Acre/Da
1411 Airports 0 acre/acre 0 0 0 0% 0
1413 Freeways&Major Road 0 acre/acre 0 0 0 0% 0
1820 Community Park 1 acre/acre 0 0 0 86% 2,200
1830 Regional Park 1 acre/acre 0 0 0 75% 2,200
1840 Fuel Modification Zone 1 acre/acre 0 0 0 100% 1,000
1850 Wildlife Preserve 0 acrelacre 0 0 0 0% 0
1880 Open Space(Rec) 0 acre/acre 0 0 0 0% 0
1900 Vacant 1 acre/acre 0 0 0 0% 0
4100 Water 0 0 0 0 0% 0
9100 Mixed Use 0 0 0 0 100% 0
9101 Central Park Land Use 0 acre/acre 0 0 0 100% 0
2000 Agriculture acre/acre Gal/Acre/Da
2100 Low-Irrigated AG Potable 1 acre/acre 0 0 0 80% 1,800
2110 Low-Irrigated AG Untreated 1 acre/acre 0 0 0 80% 1,800
2120 Low-Irrigated AG Recycled 1 acre/acre 0 0 0 80% 1,800
2200 High-Irrigated AG Potable 1 acre/acre 0 0 0 80% 3,100
2210 High-Irrigated AG Untreated 1 acre/acre 0 0 0 80% 3,100
2220 High-Irrigation AG Recycled 1 acre/acre 0 0 0 80% 3,100
Printed:10/18/2012,4'.37 PM
Revised:09/04/12
Demand Factors(20120912)-FormattedTable,Sheet2
Landscape Area Water Demand Calculations
Estimated Annual Water Use (EAWU) is based on the calculation:
EAWU =(Et,x KL x LA * 0.62)/IE, where:
Eto= 43.2 inches, Assumed as Laguna Beach Evapotranspiration
KL= 0.3 Landscape Coefficient for low water use planting
LA= 36947 Land Area, sf
IE= 0.75 Irrigation Efficiency
EAWU 395,835 gallons per year
1,084 gallons per day
40
WIELAND WIELAND ACOUSTICS, INC.
3100 Airway Avenue,ACOUSTICS Costa Mesa, CA Suite2626
noise a vibration consultants Tel: 949.474.1222
www . wIeIandacoustics. com
September 19, 2014 Project File 13.032.00
Ms. Shawna Schaffner
CAA Planning, Inc.
65 Enterprise, Suite 130
Aliso Viejo, CA 92656
Subject: Response to Comment Regarding the Acoustical Study for the Balboa Marina West
Expansion in Newport Beach
References: 1. Environmental Noise Study for the Proposed Balboa Marina West in the City of
Newport Beach, CA. Wieland Acoustics, Inc.July 17, 2014.
2. Letter re. Balboa Marina West Draft Initial Study/Mitigated Declaration.
Jackson I DeMarco ITidusl Peckenpaugh. September 17, 2014.
Dear Ms. Schaffner:
The following are provided in response to some of the comments under Item 2 in the referenced
letter from Jackson I DeMarco I Tidus l Peckenpaugh regarding the environmental noise study for the
Balboa Marina West project.
1. It is our opinion that the recommended acoustical study for the operation of the restaurant is an
adequate and appropriate mitigation measure for protecting the residents of Linda Isle.As
indicated in the environmental noise study, a potentially significant impact is only anticipated if
the restaurant has an outdoor patio and/or live entertainment. At this early stage of the
planning process it is not known whether the future restaurant will have either an outdoor patio
or live entertainment.Therefore, it is not appropriate to burden the project with specific
mitigation measures such as sound attenuating windows and restrictions on activities that may
or may not occur.The need for such measures is properly addressed in an acoustical study that
will be prepared once the design of the building and the operational parameters for the
restaurant are known.
2. The issue of potential noise impacts from pedestrians walking to and from the parking areas and
the proposed restaurant is not addressed directly in the environmental noise study; however, it
was included in the analysis.The Sound PLAN model that was used to analyze parking lot noise
levels (refer to Section 9.2.3 of the environmental noise study) included a +3 dB correction to
account for the noise of patrons in the parking lot.This model anticipated pedestrians walking
throughout the entire parking area, including along the marina frontage.
1
-r{-1
WIELAND CAA PLANNING, INC.
ACOUSTICSBalboa Marina West Response to Comments
ooi:e&vrbre„oo consultant. Project File 13.032.00- FINAL
3. The issue of noise from activities in the parking lot was addressed in Section 9.2.3 of the
referenced environmental noise study. As indicated in the study, it is anticipated that activities
in the parking lot(vehicle movements, car doors opening and closing, patrons talking, etc.)will
generate a noise level that is well below the City's daytime and nighttime noise standards.
Therefore, mitigation is not required or recommended.
4. As indicated in the referenced environmental noise study, in general there is always the
potential risk for structural damage, even at relatively low vibration velocities.To address this,
there was an extensive monitoring program conducted during the construction of the original
Balboa Marina project.The monitoring report prepared by Anchor QEA(included as Enclosure 1
of the referenced environmental study)showed that there was no structural damage at any
location in the project's vicinity, including at Linda Isle. Because the waterside improvements
associated with the Balboa Marina West project include fewer piles than with the original
project, and because most of them will be installed farther away from Linda Isle than with the
original project, it is reasonable to conclude that no structural damage will result at Linda Isle
from construction of the Balboa Marina West waterside improvements.The methodology that
will be used to install the piles for the landside improvements will produce even less vibration
than the methodology used to install the waterside improvements.Therefore, it is also
reasonable to conclude that no structural damage will result at Linda Isle from construction of
the Balboa Marina West landside improvements.
Thank you for this opportunity to provide you with acoustical consulting services. If you have any
questions, please do not hesitate to call us at 949.474.1222.
Sincerely,
WIELAND ACOUSTICS, INC.
David L. Wieland
Principal Consultant
www.wielandacoustics.com 2
September 19, 2014
12
_ Mamma Gina's
Restaurant
251
9
y 3-Thirty-3 i
Lbw 0 331
(
Greystone
Group Building ,
- 4 I, . . � .• � v 341
` «' a `" 9B 99 100 101 103
102
s 90 91 96
95
92 "93 94 104
88I --
105
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1 87
107
12
SOURCE:Aerial from Google Earth Pro 2007. • Pile Tilt Meter Installation Monitored Homes Include the Following:
•Crack Plate Installations-Existing cracks are monitored for movement
♦- a Vibration Monitor Noise and • Pile Tile Meters-Piles are monitored for movement
Range of Deployment •Survey Locations-Points along the home,patio,and seawall are surveyed to monitor for movement
Ent Authorization Received • Noise and Vibration Monitoring-Noise and vibration monitors are deployed as work progresses. 0 200
93 Entry Locations determined according to the location of the ongoing work.
(Home address indicated by Number) • Interior and Exterior Photo and Video Surveys Scale in Feet
a
N
Figure z
ANCHOR
Monitoring Locations
Balboa Marina Dock Replacement Pso* ct
" 1 A
10
Attachment No. PC 2
Comments on the Draft MND
45
V�
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C c R1 A California Cultural Resource Preservation Alliance, Inc.
P.O. Box 54132 An alliance of American Indian and scientific communities working for
Irvine,CA 92619-4132 the preservation of archaeological sites and other cultural resources.
August 18, 2014
Patrick J. Alford, Planning Program Manager
City of Newport Beach
Re: Mitigated Negative Declaration for Balboa Marina West
Thank you for the opportunity to comment on the above mentioned project. We commend the City for
recognizing the fact that, in spite of the existing structure and parking lot,there is the possibility for the presence
of buried archaeological resources within the 3.5-acre land portion of the project area. The potential is not that
remote because the structures were constructed prior to the passage of CECA, and archaeological investigations
were not conducted prior to construction.Therefore,with respect to mitigation measure CR-1, we are concerned
that the discovery of archaeological materials is left up to the construction contractor and request that ground
disturbing activities are monitored by a qualified archaeologist.
Of additional concern is the determination that the project would not disturb human remains and the lack of
mitigation measures in the event that remains are discovered. Prehistoric human remains are often found in
archaeological deposits. Therefore, a mitigation measure should be added to comply with Section 7050.5 of the
California Health and Safety Code: If human remains are encountered during excavations associated with
this project, all work must stop, and the County coroner must be notified. The coroner will determine
whether the remains are of forensic interest. If the remains are prehistoric, the coroner will contact the
Native American heritage Commission (NAHC). The NAHC will designate the most likely descendant
(MLD), who will be responsible for the ultimate disposition of the remains as required by Section 5097.98
of the Public Resources Code.
Finally, in the event that significant archaeological resources are discovered and archaeological data recovery
excavations are implemented, we request that the data recovery plans include provisions for the preparation of a
non-technical report and exhibit for the public. This is consistent with federal historic preservation policies that
sate that protection of cultural resources is done for the "inspiration and benefit of the people of the United
States:' (Historic Sites Act of 1935, National Historic Preservation Act of 1966 Section 1).
Sincerely,
r
Patricia Martz, President
V�
QP
�P
�g
A.-4 OFI
O `m Community Development cityofirvine.org
City of Irvine,One Civic Center Plaza, P.O. Box 19575, Irvine, California 92623-9575 (949)724-6000
It, A ¢�CENED gt,.
COMMUNITY
SEP 0 4 2014
August 28, 2014 ,,} oE.VELOPMENT 0d
P
OF NEWPOR1 9�
Mr. Patrick Alford
Planning Program Manager
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Subject: Notice of Intent to Adopt Mitigated Negative Declaration — Balboa
Marina West Project
Dear Mr. Alford:
City of Irvine staff has received and reviewed the information provided for the above-
referenced project, and has no comments at this time.
Thank you for the opportunity to review and comment on the proposed project. Staff would
appreciate the opportunity to review any further information regarding this project as the
planning process proceeds.
If you have any questions, I can be reached at 949-724-6387, or by email at
adouglass@citvofirvine.org.
Sincerely,
Andrew Douglass
Assistant Planner
Cc: Bill Jacobs, Principal Planner (via email)
Sun-Sun Murillo, Senior Transportation Analyst (via email)
49
PRINTED ON RECYCLED PAPER
N
design features, previous environmental evaluations, and standard construction and
engineering practices, requiring review and reevaluation of future projects as contributing to
avoidance of potential impacts. The Project site does not include any sites on an Environmental
Protection Agency hazardous waste site list compiled pursuant to Government Code Section
65962.5.
The MND is available for a 30-day public review period beginning August 18, 2014 and ending
September 17, 2014. Copies of the document are available for review at 100 Civic Center Drive,
Newport Beach, CA 92660 between the hours of 8:00 a.m. and 5:00 p.m., Monday through
Friday. The document can also be accessed online at:
httl)://www.newportbeachca.gov/index.asl)x?page=1347.
Additionally, copies of the document are available for review at the following public libraries:
Newport Beach Public Library Newport Beach Public Library
Corona del Mar Branch Mariners Branch
420 Marigold Ave. 1300 Irvine Avenue
Corona Del Mar, CA 92625 Newport Beach, CA 92660
Newport Beach Public Library Newport Beach Public Library
Balboa Branch Central Library
100 East Balboa Boulevard 1000 Avocado Avenue
Newport Beach, CA 92660 Newport Beach, CA 92660
Any written comments on the proposed Project and MND must be received no later than
September 17, 2014 at 5:00 p.m. to the attention of Patrick Alford at the address listed below.
Your comments should specifically identify what environmental impacts you believe would result
from the Project, why they are significant, and what changes or mitigation measures you believe
should be adopted to eliminate or reduce these impacts. There is no fee to submit written
comments. You are also invited to attend and testify at the public hearing(s) as to the
appropriateness of the MND document.
The City's Planning Commission is tentatively scheduled to consider this item at a regular
meeting to be held at 6:30 p.m. on October 2, 2014, at the City of Newport Beach Council
Chambers, 100 Civic Center Drive, Newport Beach, CA 92660. The date and time of the
Planning Commission meeting will be noticed in accordance with City of Newport Beach
notification requirements. For additional information, please contact Patrick J. Alford, Planning
Program Manager, at (949) 644-3235 or at PAlford((7newportbeachca.00v.
Patrick J. Alford, Planning Program Manager
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
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Jackson I DeMarco I Tidus
Peckenpaugh
A LAW CORPORATION
September 9, 2014 Direct Dial. 949.851.7409
Email: mstaples@jdtplaw.com
Reply to: Irvine Office
Pile Na: 2294/00144
VIA EMAIL (PAlfordt )newportbeachca.eov) AND FIRST-CLASS MAIL
Patrick J. Alford, Planning Program Manager
City of Newport Beach
Community Development Dept., Planning Division
100 Civic Center Drive
Newport Beach, CA 92660
Re: Balboa Marina West Draft Initial Study/Mitigated Negative Declaration
Dear Mr. Alford:
Section 7 of the Balboa Marina West Draft Initial Study/Mitigated Negative Declaration omits
the link to the following referenced Balboa Marina West Grading Plan. Please provide us with a
link to the document, or the location where it may be reviewed:
Cited As: Stantec, 2014.
Reference: Stantec, 2014. Balboa Marina West Grading Plan.
Also, please confirm that the requested Balboa Marina West Grading Plan is the correct
document cited at Page 5-127 to support the statement that"The marine commercial building
proposed for the land-side portion of the Project site is expected to generate a demand for 3,395
gallons per day (gpd) of domestic water". If the citation is incorrect,please also provide a link to
the document calculating the Project's total projected water demand, or the location where the
correct document may be reviewed.
Sincerely,
Michele A. Staples
cc: The Irvine Company
T&B Planning
Irvine Office Westlake Village Office
2030 Main Street, Suite 1200 2815 Townsgate Road, Suite 200 www.jdtplaw.com
Irvine, California 92614 Westlake Village, California 91361 1220883.1
t 949.752.8585 f 949.752.0597 t 805.230.0023 f 805.230.0087 51
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STATE OF CALIFORNIA—CALIFORNIAO T 0.BROWN ve
DEPARTMENT OF TRANSPORTATION
DISTRICT 12
3347 MICHELSON DRIVE,SUITE 100
IRVINE,CA 92612-8894
PHONE (949)724-2086 serious drought.
FAX (949)724-2592 Help save water!
TTY 711
www.dot.ca.gov
September 12, 2014
File: IGRiCEQA
Mr. Patrick J. Alford SCH#: 2014081044
City of Newport Beach Ug#: 3957
Community Development Dept. SR-1
100 Civic Center Drive
Newport Beach, CA 92660
Dear Mr.Alford:
The California Department of Transportation (Caltrans) appreciates the opportunity to
review and comment on Draft Mitigated Negative Declaration (DMND) for the Balboa
Marina West Project. The proposed project would construct a new public boat dock in Lower
Newport Bay and improve and expand the existing Balboa Marina. The new public dock would
include a gangway and 12 public boat slips including eight new slips and four slips that would be
relocated to the public dock from the existing private Balboa Marina. In the private Balboa
Marina, 24 private boat slips and new gangway are proposed. In the land-side area of the
marina, the Project proposes to demolish the existing Balboa Marina parking lot and a 1,200 sq.
ft. building located at 201 East Coast Highway, and replace with a reconfigured parking lot and
19,400 sq. ft marine commercial building is proposed to house a yacht brokerage office, public
restrooms, and a restaurant. Caltrans is a commenting and responsible agency on this project.
Caltrans has the following comments:
Any work performed within Caltrans right-of-way (R/W) will require discretionary review and
approval by Caltrans and an encroachment permit will be required for any work within the
Caltrans R/W prior to construction. http:/iwww.dot.ca. og v/hq/traffops/developsery/permits,'
A Traffic Control Plan or construction traffic impact study is required prior to construction. The
plans shall be prepared in accordance with Caltrans's Manual of Traffic Controls for
Construction and Maintenance Work Zones. Traffic restrictions and pedestrian/bicycle detours
may also need to be addressed. All work proposed within the State R/W requires lane and
shoulder closure charts. All roadway features(e.g., signs,pavement delineation, roadway
surface, etc.)within the State R/W must be protected, maintained in a temporary condition,
and/or restored.
"Provide a safe,sustainable, integrated and efficient transportation system
to enhance California's economy and livability" �-�
Mr. Alford, City of Newport Beach
September 12, 2014
Page 2
If you have any questions, please do not hesitate to call Leila Ibrahim at (949) 756-7827.
Sincerely,
MAUREEN EL HARAKE
Branch Chief, Regional-Community-Transit Planning
District 12
"Provide a safe,sustainable,integrated and ejftcient transportation system
to enhance California's economy and livability"
154
MI
Still Protecting Our Newport Inspiring The Next
Generation
September 16, 2014
Patrick J. Alford
Planning Program Manager
100 Civic Center Drive
Newport Beach, CA, 92660
Via email: PAlford@newportbeachCA,gov
SUBJECT: Balboa Marina West/Mitigated Negative Declaration
Dear Mr. Alford:
SPON is a local non-profit organization dedicated to "protecting the residential and
environmental qualities of Newport Beach." The Balboa Marina West proposed project
would result in significant changes in the use, intensity and impacts of the property
adjacent to Linda Isle and alongside the busy Pacific Coast Highway.
The change from the current 1,200 square foot building to a development of 19,400
square feet proposes a significant increase in the height and view shed from all sides.
The proposed increase in marina density poses significant impacts to the adjacent
homes as well as other small boat harbor bay users.
Because of heights, visual impacts, undetermined parking impacts as well as ingress
and egress from Pacific Coast Highway, and the increased intensity of water-side use
which is already dense, we strongly disagree with the staff conclusion that a Mitigated
Negative Declaration is adequate for the assessment of this project by the public.
We ask that a full EIR be conducted for this project, which proposes significant changes
in intensity, visual impacts, and traffic/parking impacts of land use as well as bay use.
Thank you for considering our comment on this project.
STOP POLLUTING OUR NEWPORT IS A 501.C.3 NON-PROFIT PUBLIC EDUCATION ORGANIZATION WORKING TO
PROTECT AND PRESERVE THE RESIDENTIAL AND ENVIRONMENTAL QUALITIES OF NEWPORT BEACH.
SPON I PO Box 102 I Balboa Island, CA 92662
SPON-NewportBeach.org I Info@SPON-NewportBeach.org
-=- 11MhFft
Still Protecting Our Inspiring The Next
Generation
Sincerely,
Marko Popovich
President, SPON
STOP POLLUTING OUR NEWPORT IS A 501.C.3 NON-PROFIT PUBLIC EDUCATION ORGANIZATION WORKING TO
PROTECT AND PRESERVE THE RESIDENTIAL AND ENVIRONMENTAL QUALITIES OF NEWPORT BEACH.
SPON I PO Box 102 Balboa Island, CA 92662
SPON-NewportBeach.org Info@SPON-NewportBeach.org
Jackson DeMarco Tidus
Peckenpaugh
A LAW C 0 R P O RAT 10 N
September 17, 2014 Direct Dial: 949.851.7409
Email: mstaples@jdtplaw.com
Reply to: Irvine Office
File No: 2294/00144
VIA EMAIL (PAlford(a newportbeachca.gov)AND U.S. MAIL
Patrick J. Alford, Planning Program Manager
City of Newport Beach
Community Development Dept., Planning Division
100 Civic Center Drive
Newport Beach, CA 92660
Re: Balboa Marina West Draft Initial Study/Mitigated Negative Declaration
Dear Mr. Alford:
The following comments on the Draft Initial Study/ Mitigated Negative Declaration
("MND") for the Balboa Marina West Project(the "Project") are submitted on behalf of the
Linda Isle Homeowners Association(the "HOA"). The HOA represents homeowners and
residents on Linda Isle, which is a man-made island situated directly across the Harbor channel
from the proposed Project site. We request that the City of Newport Beach("City") include this
letter and the attached exhibits as part of the administrative record for this matter.
The HOA requests that the City revise and re-circulate the MND to incorporate the
additional Project corrections, clarifications, and mitigation measures discussed below to comply
with the requirements of the California Environmental Quality Act(Pub. Resources Code§§
21000, et seq.) ("CEQA") and the CEQA Guidelines (14 Cal. Code Regs. sec. 15000, et seq.) or
otherwise prepare an environmental impact report due to the Project's potential unmitigated
significant impacts.
1. The MND Violates CEQA By Failina to Analyze and Mitigate the Potential
Environmental Impacts of the Balboa Marina West Project Together With the
Approved Back Bay Landing and Pending Harbor Water Bus/Taxi Proiects.
Under CEQA, a "`Project' means the whole of an action, which has a potential for
resulting in either a direct physical change in the environment, or a reasonably foreseeable
indirect physical change in the environment ...... (CEQA Guidelines § 15378(a).) A"`project'
does not mean each separate governmental approval." (CEQA Guidelines § 15378(c).) The lead
agency must consider"[a]ll phases of project planning, implementation, and operation." (CEQA
Guidelines § 15063(a)(1).) CEQA prohibits a lead agency from"segmenting" or"piecemealing"
a project into small parts if the effect is to avoid full disclosure of environmental impacts. The
Irvine Office Westlake Village Office
2030 Main Street, Suite 1200 2815 Townsgate Road,Suite 200 www.jdtplaw.com
Irvine, California 92614 Westlake Village, California 91361
t 949.752.8585 f 949.752.0597 t 805.230.0023 f 805.230.0087
Patrick J. Alford, Planning Program Manager
September 17, 2014
Page 2
California Supreme Court has explained that the requirements of CEQA cannot be avoided by
piecemeal review which results from"chopping a large project into many little ones—each with
a minimal potential impact on the environment—which cumulatively may have disastrous
consequences." (Bozung v. Local Agency Formation Com. (1975) 13 Cal.3d 263, 283-284.)
Rather, the examination of a"project"requires an analysis of"all relevant parts of a project,
including reasonably foreseeable future expansion or other activities that are part of the project."
(Laurel Heights Improvement Assoc. v. Regents of University of Cal (1988)47 Cal. 3d 376, 394.)
Likewise, CEQA requires a lead agency to evaluate a project's cumulative impacts when
"viewed in connection with the effects of past projects, the effects of other current projects, and
the effects ofprobable future projects." (CEQA Guidelines § 15065(c) (emphasis added).)
Projects currently under environmental review unequivocally qualify as reasonably probable
future projects to be considered in a cumulative impacts analysis. (See San Franciscans for
Reasonable Growth v. City and County of San Francisco (1984) 151 Cal.App.3d 61, 74, fa.13.)
In addition, projects anticipated beyond the near future should be analyzed for their cumulative
effect if they are reasonably foreseeable. (Bozung v. Local Agency Formation Comm'n (1975)
13 Cal.3d 263, 284.)
The cumulative impacts concept recognizes that "[t]he full environmental impact of a
proposed . . . action cannot be gauged in a vacuum." (Whitman v. Board of Supervisors (1979)
88 Cal.App.3d 397, 408.) The requirement of a cumulative impacts analysis of a project's
regional impacts is considered a "vital provision" of CEQA. (Bozung, 13 Cal.3d at p. 283.)
Moreover, an EIR must examine not only the anticipated cumulative impacts, but also reasonable
options for mitigating or avoiding the project's contribution to significant cumulative impacts.
(CEQA Guidelines, § 15130, subd. (b)(3).)
To date, the City has processed the Project and the Back Bay Landing Project in isolation
and evaluated their environmental impacts separately. The City has not yet performed any
analysis of the Water Bus/Taxi Project's potential environmental impacts. However, the clear
directive of CEQA is that the City must analyze these projects together either as one project, or
as part of its analysis of the cumulative environmental impacts of the Balboa Marina West
Project, considering its past evaluation of the Back Bay Landing Project and concurrent
evaluation of the Water Bus/Taxi Project. The MND does not even mention, much less
adequately analyze, the impacts of the Back Bay Landing Project on the Balboa Marina West
Project, including the potential cumulative visual,noise and traffic impacts associated with the
ultimate mixed-use bayfront village development proposed by the applicant for the Back Bay
Landing Project. Further, as to the Water Bus/Taxi Project, the addition of the public marina and
proposed restaurant on the Project site will undoubtedly result in increased water bus/taxi traffic
through the channel adjacent to Linda Isle residences, as well as additional cumulative aesthetic,
traffic,noise and other environmental impacts that are improperly ignored in the MND.
Measures to mitigate those impacts also must be evaluated, including a restriction that would bar
the placement of a water bus/taxi "Flag Stop" at the Project site.
58
Patrick J. Alford, Planning Program Manager
September 17, 2014
Page 3
The City's piecemealing of its environmental analysis directly impacts analyses within
the MND related to these and other cumulative environmental impacts. With respect to
cumulative impacts, the MND identifies 21 "closely related past, present, and reasonably
foreseeable probable future projects;"however, the list does not include either the Back Bay
Landing Project or the Water Bus/Taxi Project. (MND, pp. 5-131 to 5-132.)
The MND must be revised and recirculated to disclose, analyze and mitigate the potential
cumulative impacts of the Balboa Marina West Project together with the Back Bay Landing and
Water Bus/Taxi projects.
2. The MND Must be Revised to Include Additional Information Necessary to Analyze
and Mitigate the Project's Temporary and Permanent Noise and Vibration Impacts
to HOA Residents.
The Wieland Acoustics Report prepared in connection with the Project measured noise
impacts at only two locations—neither of which were on Linda Isle. (See Wieland Report,pp.
17-18,Figure 8-1.) The Wieland Report states that no measurements were taken at Linda Isle
because of"private property concerns;"however, there is no specific information about these
concerns and/or what (if anything) Wieland did to address them in lieu of selecting alternative
noise measurement sites. (Wieland Report, p. 17.) This is an inadequate explanation. The
MND and underlying Wieland Report cannot accurately analyze noise impacts to Linda Isle
associated with construction and operation of the Project without taking actual noise
measurements from this location. The MND should be revised and a supplemental noise
analysis prepared that analyzes these impacts based on actual, measurable data from the locations
most likely to be affected by the Project.
The MND states that the proposed restaurant to be constructed as part of the Project,
particularly music and events conducted on the restaurant's outdoor patio,has the potential to
violate the City's Noise Ordinance and produce significant noise levels at residences on Linda
Isle. (MND,p. 5-105.) However, based on noise measurements performed for other restaurants
in the City and "taking into account the distances to the nearest residences on Linda Isle or
Bayshore Drive (270' to 650'),"the MND concludes that any such impacts would be less than
significant and therefore mitigation is not required. In fact, the only mitigation measure included
in the MND other than temporary construction mitigation, is a requirement that the applicant for
the restaurant perform an acoustical study as part of any conditional use permit application.
(MND, p. 5-108 [MM N-1].) This is inadequate and insufficient to address the Project's
potential noise impacts to Linda Isle residents. The MND should be revised to incorporate
additional mitigation measures to address noise impacts from the proposed restaurant and patio,
including prohibiting amplification,requiring installation of sound attenuating windows at the
restaurant's south side, and prohibiting any patio or other outdoor use of the restaurant's south
side closest to Linda Isle.
In addition to the impacts associated with the proposed restaurant and outdoor patio,the
MND fails to provide any analysis of potential noise impacts from pedestrians walking to and
SJ°
Patrick J. Alford, Planning Program Manager
September 17, 2014
Page 4
from the parking areas and the proposed restaurant along the marina frontage. The Project does
include a designated public pedestrian walkway that will direct pedestrians from the parking
areas along East Coast Highway to the restaurant and public docks (see Figure 3-7); however,
there is no impediment or restriction that would prevent these same pedestrians and restaurant
customers from choosing to instead walk along the docks within much closer proximity to Linda
Isle residences. Allowing public access along the south side of the commercial building by late
night revelers and customers of the proposed restaurant would generate additional noise impacts
to Linda Isle residents above and beyond the impacts attributable to the restaurant and outdoor
patio. The City should, accordingly,revise the MND to disclose these additional potential noise
impacts and incorporate measures to restrict public pedestrian access along the private Balboa
Marina portion of the Project site.
According to the MND and information included in the Stantec grading report, the
parking area is to be raised as much as 9 feet above existing grade, reconfigured and expanded.
The MND also fails to provide any analysis of the potential noise impacts to Linda Isle from the
parking lot. Measures should be incorporated into the project design to mitigate potential noise
from vehicles entering and leaving the site, car alarms, and other potential sources of parking lot-
related noise impacts.
Further, the MND mistakenly concludes that there is no risk of structural damage to
residences on Linda Isle (or any other structures) due to low vibration impacts caused by pile
driving and boring activities. This conclusion is groundless and contrary to the language in the
Wieland Report acknowledging that "the risk of structural damage still exists even at relatively
low vibration velocities (in particular due to dynamic settlements caused in loose soils)."
(Wieland Report, p. 15.) There is no dispute that the soils in the water bottom where the primary
pile driving activities will be conducted consist of loose sand(MND,p. 5-66) thereby increasing
the risk of dynamic settlement and associated structural damage. Additional information and
mitigation is required regarding geology and construction methods for the proposed subterranean
restaurant parking garage. The MND must be revised to incorporate additional analysis of these
risks and mitigation measures designed to address the potential structural impacts to Linda Isle
residences associated with the boring and pile driving activities.
CEQA declares that it is the policy of the state to take all action necessary to provide the
people of California with clean air and water, enjoyment of aesthetic,natural, scenic, and historic
environmental qualities, and freedom from excessive noise [emphasis added] (Pub. Resources
Code, § 21001, subd. (b).) The MND must evaluate the potential noise impacts to Linda Isle
residences both during the construction period and following Project completion. Feasible
mitigation measures must be incorporated to mitigate the Project's direct and indirect noise
impacts. In the absence of such measures, the right of Linda Isle residents to quiet enjoyment of
their properties will be significantly impaired.
00
Patrick J. Alford, Planning Program Manager
September 17, 2014
Page 5
3. The MND Must be Revised to Provide Additional Information and Analysis of the
Project's Water and Wastewater Demands.
The Project proposes a two-story commercial building with up to 19,400 square feet of
commercial space and tuck-under parking that would accommodate a restaurant with outdoor
patio, marina bathrooms and an office for the yacht brokerage business that will be displaced
from the small onsite building that is proposed for demolition, and associated landscaping.
(MND, p. 3-5.) The MND states that, "based upon typical utility rates for restaurants and
commercial establishments,"the Project is expected to require 3,395 gallons-per-day("GPD") of
water. (MND, p. 3-5.) However, according to the Water and Wastewater Generation Estimate
prepared by the City's consultant, Stantec, this figure was calculated based upon Land Use and
Water Use factors provided by the Irvine Ranch Water District ("IRWD") for generic
"Community Commercial" land uses,not for restaurants. (See Exhibit 1.) IRWD's Land Use
and Water Use Factors for Community Commercial land uses are based on certain assumptions
including a land use density of 9,000 square feet per acre and 20% irrigated area. IRWD's Land
Use and Water Use Factors also include both "Local Demands" and"Irrigation Demands" for
each generic land use type. The Stantec Water Generation Estimate calculation is based solely
on the Local Demands calculated using only the square footage of the commercial restaurant
building, and excludes Irrigation Demands. Stantec's calculation based on IRWD's generic
assumptions do not reflect the water demands to construct and operate the Project as proposed.
There is no information in the MND or Stantec Water Generation Estimate providing the
estimated water/wastewater use figures for the construction and operation of the Project's
proposed restaurant, yacht brokerage business offices, public restrooms, associated landscaping,
and other uses included in the Project description. Absent this information, the MND's
water/wastewater analysis is inadequate.
Additionally, the IRWD/Stantec land use and water use factors are outdated (September
2012). On January 17, 2014,the Governor issued Proclamation No. 1-17-2014 declaring a State
of Emergency to exist in California due to severe drought conditions. The January Proclamation
notes that the State is experiencing record dry conditions, with 2014 projected to become the
driest year on record. The January Proclamation highlights the State's dry conditions, lack of
precipitation and the resulting effects on drinking water supplies. The January Proclamation also
calls on all Californians to reduce their water usage by 20 percent. The MND does not analyze
the Project's compliance with IRWD's water conservation measures to achieve water demand
reduction goals, or the availability of water to serve the Project's restaurant and landscape
irrigation, and other water demands under current information.
The MND should, accordingly, be revised to provide an adequate analysis of the
Project's expected water and wastewater demands, and measures to mitigate those impacts.
01
Patrick J. Alford, Planning Program Manager
September 17, 2014
Page 6
4. The MND Must be Revised to Provide Additional Information and Analysis of the
Project's Aesthetic Impacts.
The MND's analysis of the Project's aesthetic impacts fails to adequately address the
potential light and glare impacts to Linda Isle residents from the commercial building windows,
parking lot and internal circulation within the reconfigured parking area. As noted above, the
MND and information included in the Stantee grading report show that the parking area will be
raised as much as 9 feet above existing grade. This increase would create the potential for
vehicle headlights to shine across the water directly into Linda Isle residences. Measures should,
accordingly, be incorporated into the Project design to mitigate potential light and glare from
vehicles entering and leaving the Project site, such as Plexiglas shields. The requirement under
proposed Mitigation Measure AE-2 that the commercial building incorporate non-reflective
materials and colors is commendable; however, additional mitigation is needed to ensure that
residents of Linda Isle are not unnecessarily impacted by light and glare from the Project site.
In addition, the MND states that the proposed commercial building will be a maximum
40 feet high from existing grade. (MND,p. 3-5.) This is inconsistent with the City's recent
approval of the development plan for Planning Area 2 of the Back Bay Landing Project, located
immediately adjacent to the Project site south of the Pacific Coast Highway bridge. The original
development plan for Planning Area 2 would have allowed for 35 feet for flat roofs and 40 feet
for sloped roofs; however, the City revised these standards to limit building heights in Planning
Area 2 to a maximum 26 feet for flat roofs or 31 feet for sloped roofs. The City should impose
the same height requirements on the Project's proposed commercial building in order to reduce
visual impacts and ensure consistency between development approvals in the surrounding area.
5. The MND Must be Revised to Provide Additional Information and Clarify the
Project's Grading Impacts.
The MND states that earthwork associated with the land-side development component of
the Project would consist of 4,325 cubic yards ("CY") of cut and 5, 688 CY of fill requiring a
total of 1,364 CY of soil to be imported to the Project site. (MND,p. 3-7.) However, the
Earthwork Volume Analysis prepared by Earthwork Calculation Services for the Project
estimates a total of 3,653 CY of cut with 7,860 CY of fill for a total volume of imported soil of
4,207 CY—a discrepancy in the amount of imported soil of 2,843 CY. The MND must be
revised to clarify the total anticipated cut/fill associated with construction of the Project as well
as the corresponding volume of imported soil.
In addition to the above, the MND "assumes a haul distance of one-mile as the source for
imported material." (MND, p. 3-7.) Not only is there no information provided to identify the
City's basis for assuming such a short haul distance (i.e., specific source location, etc...) but
there is also no analysis of the potential traffic impacts associated with traveling back and forth
from the source location to the Project site. In fact,neither the MND nor the April 14, 2014,
Traffic Study prepared on behalf of the City by Kunzman Associates, Inc., includes any
information about earthwork-related traffic impacts. These impacts could be potentially
02
Patrick J. Alford, Planning Program Manager
September 17, 2014
Page 7
significant depending on the amount of imported fill material ultimately required for the Project
(i.e., 1,364 CY or 4,207 CY) and corresponding number of trips to transport the material.
Finally, the MND should be revised to clarify the grading plans used by the City to
analyze the impacts discussed above. The MND currently cites to the "Stantec 2014" grading
plan; however,there are actually three separate grading studies/plans that were prepared on
behalf of the City: (i) Earthwork Volume Analysis by Earthwork Calculation Services, Inc. (see
above): (ii) Stantec Grading Study, Balboa Marina (01/17/2014); and (iii) Balboa Marina
diagram. The MND should be revised to correctly reference all three components of the City's
grading plan, copies of which are attached as Exhibit 2 to this comment letter.
6. The MND Must be Revised and Recirculated.
Under CEQA section 21068, a significant environmental impact is defined as "a
substantial, or potentially substantial, adverse change in the environment." CEQA Guidelines
section 15073.5 requires a lead agency to re-circulate a negative declaration when the MND
must be revised to address any new, avoidable significant effect that is identified and to add
mitigation measures or project revisions in order to reduce the effect to insignificance. Revision
and recirculation of the MND for public comment would be required because the proposed MND
has not analyzed or mitigated several "potentially substantial adverse environmental effects"
discussed above. (Vineyard, 40 CalAth at pp. 447-448.)
In order for the City to approve the MND, measures must be added to fully mitigate the
potential impacts discussed above. Otherwise, because there is substantial evidence in the record
to support a"fair argument" that the Project may have a significant effect on the environment,
CEQA would require preparation of an EIR instead of a MND. (Citizens for Responsible &
Open Government v. City of Grand Terrace, supra, 160 Cal.App.4th at p. 1331; Gentry v. City of
Murrieta (1995) 36 Cal.App.4th 1359, 1399-1400.)
7. Conclusion.
Thank you for the opportunity to comment on the MND. Please contact us to discuss the
above comments in greater depth. We would be happy to provide additional information to
assist in the additional impact analysis and development of mitigation measures necessary to
bring the MND into compliance with the requirements of CEQA and reduce the Project's
impacts on Linda Isle residents and members of the HOA.
Sincerely,
UbliclerA Staples
t
cc: The Irvine Company (w/Attachments)
T&B Planning (w/Attachments)
o3
EXHIBIT 1
® Stantec Memo
To: Pat Osborne From: Jeff Dunn
Sr. Project Mgr.-Comm. Dev. Stantec - Irvine, CA
File: Balboa Marina-JN 2042431220 Date: May 13, 2014
Reference: Balboa Marina West-Water&Wastewater Generation Estimate
Pat,
IRWD's factors for commercial areas are:
Water= 175 gpd/1,000 sf
Wastewater= 142 gpd/1,000 sf
So for a 19,400 sf building:
Water demand =3,395 gpd
Wastewater flow = 2,755 gpd
See attached IRW D Table 3-1
Jeff
STANTEC CONSULTING SERVICES INC.
Jeff Dunn
Senior Project Manager, Environment
Phone: (949) 923-6974
Fax: (949) 923-6121
jeff.dunn@stantec.com
Design wilh community in mind
po v.\projects\-,0424312W\manocemen1\covespondence\ti4243i22O_mndna restaurants\slanlec correspondence\watereslimcte memo_73140513.d cx
05
Table 3.1 Land Use and Water Use Factors(September 2012)
¢t vp 4"' - La dtj;d" Local Demands Irrgabon Dema tla
"
` Catle it V dUse Oeacnpaom - - y �- E1up
-6 Atrili Density loans Un lS Local Inlenar Local'-Exreriw Total Local °e Irrigated!Area Imgabon.Fact,,
1100esi� gaQlL= GaVAcra"Cev
1111 RVFalD arty,.Qange 031 3y No. 270 -,°:rte - 185 455 0%
1112 RumtDensity-Irvine 0.3 oulaue 250 7550 1,000 5% 2,000
1115 RuralDe05N Douny - 026 kp 'F'Eulaae 2650 840.0 1,105 5% 2900
1121 Estate Dent, 1.2 dum. 2650 3400 605 5% 2,600
1122 FdlateDeny i - Oi du(aFre 225 ✓. 100 405 5% '4_2,800
1128 Estate Density 05 dulacre 2650 460.0 725 J% 3,000
6� 1131 Law Oe N 4 U�'�dulaI X2650 X00, 605 8% 2�300
1132 Low Density 1 3 d✓ave 250 200 450 16% 2,1100
,1133 Low DenslN ° s ��llk::�.E` _ 1 ' dare 290 220 1'r 510 17% ` 3,000,'
1134 Low Density PO 4.5 dulacm 450 800 1,250 17% 2,800
1135 Suburban Denstyt 925 - MI ve 150 `� 9Q 240 15% ,2,500
1136 Low Density 3 Na. 225 140 365 20% 2,003
1141 LawMetl Nilti_ _... 105 dwacre '2350 11450 F' 380 15% 2N);
1146 Lex Medum Densit�y�1 11 tlWane 205 150 355 10% 3,000
1153 Medlulmbow�ens tl�aigipi 1. 2J5 "acre 3000 4 2400 510- 10°% �z,600 f
1161 Medium Density 195 dulacre 230 170 400 15% 2.80D
1862 Medium Density 75 dumtue - 200 I 'eg < 1 No 15% y q 11,8001. :.
1163 MedNm Density 5 dulanre 250 220 470 211% 2,800
1164 Medium DensN PC. 118 dWacre . - 170 '$ 5109" 275 15% 2,800
1166 Medium Density 7.5 dJace 150 70 220 15% 2800
1172 MedlfiiH
1-1111-11, yt. ,3,1]u5 `acre 135 y �40 175- 22% rf,0007:
1175 Urban Density 29 colacm 130 40 170 20% 2,800
1178 MedumH9h Uasnmy'.1175 dWaue 145 e. jf r 70 245 17% 2500°
NO '
1182 High Density 32.5 dulacre 140 20 160 2o'k 2,800
1183 High Density 122N dDa& 115 a 1€ 1 _,..101 125 20°b
1184 High Densly PC^ 174 duacre 115 10 125 15% 2,800
1186 ryigh DemA r" _ ,3ra2.5 ' ;J dWac2 lx54` ') 10 125 201A i 12.800„}
1191 High Rise Density-Orange 35 dJacre 135 35 170 20% 2,800
1192 H9hRiDeOvN drone- T `4$.. dWacre 65 , s; 1883 20% ; €°[
1200 Cornmemial Gistois Oav 00yiena'Cav
1210 t: Genre]Clf1w A 20'x. '., --.ksVacef{62 ?- !
,e d 9 77 20°/t� 2,500
1221 Community Conmerdal 9 ksf(aue 142 33 175 20% 3,500
12221 R-egiemil Conmertlal .,.10 5° b0ave 130 £ 10 1401 j. 2, 20% ;yy"1s/ '13"SW f
G
1223 Community Commercial-H,,h Density 21 ksffaae 00 00 D IN 0
1230q Cgrtarjemal{iec2afion u'8 _=; ksfleua i 41� a' ZO -61 ,0 y30% iy 3000 1-0
1235 Hotel 45 mon-o4os 110 50 160 30°k 2,800
12401 sr institutional" p 8; a. hs4'aue _30 1- 15 d5 30°lzy 1i 2,750
1244 Hospital 9 hire. {165 65 230 30% 2,050
1280 i' School 5. 10, ksrlaae 20 5' - 80 28.0€;b 1 50%- ,t;E, 2 wO s r'
1261 UCI 10 1 215 15 230 40% 3,800
12]1 iOfiGtary Alr Field ._ i$',,. D NSVeve 0'8- 0 "0
1290 Hotel ;g 45 moms/eem 110 W X180 30°4 2,800
1300 y 1j Eustriar - 9.091 600 - 25 625 i1 2�}'.�.,, }. 1,000
1310 Industrial-Light 18 ksPa. 60 le 70 20°4 2.800
1320 q`Indusmul-Heavy 25- ks0aue }' 20000 ' 16 2,018 ; '420%,'p� V ". 2,800
Coen Soace and Met GaVAcra"Cav
pi1I11 ' .
is res 3 } _ 0 acrUacre v 0t'--_ 0 y 4-g s 06/
1413 Freeway 8 M pr Road D aaelacae 0 0 a 0 0% 0
1820'4= 1 Community Park' q _ 1 eni 6 ,.0 �M 0 1 Six 2.200-
1030 Regional NO, 1 acrei 0 0 r 0 75% 2,200
lade''. Fuel Modfeation Zone a 1 'acral ae 7_0 "0 ,0 100°R _ 1,000
1850 'Milide Preserve 0 acres. 0 0 0 0% 0
•1880 € Open spew(Rec) 38 _ 0 .Wade' 0 0 _0 -0% 0
1900 Vacant 1 acre/acre 0 0 0 0°4 0
'4100_ Mtef 1 - 0 _ 0. 0 0 0q° 0
9100 Mixed Use 0 0 0 0 100% 0
91011 Central Park Land Use _ 0 aaem. :}„ 0 0 0 9W°A. 0
ZON Addicual@ ""acre GaVAcraVev
2100 LOwlnngated AG Pot - 1 monsi 0 0 --0 80% 1,800
2110 Low lmgated AG Untreated 1 acretave 0 0 0 80% 1,800
2120 La Imgamdl AG RegGed 1 acnaue 0 0 '`-0 80% 1,800
2200 High-ImOred AG Potable 1 acre/acre 0 0 0 80% 3,100
2210 HigllJrtigated AG Untreated - - 1 aWaae 0 0 - - 0 0D% 3,100
2220 High-Ini9ation AG Reryded 1 acy/.. 0 0 0 80°k 3,100
ec Wu/mrtcat ern
/a/1z
o.,,am rmorzreuFr:,P,nmr.m�mrea
00
EXHIBIT 2
W
RTHWORK CALCULATION SERVICES
CUT/FILL CALCULATIONS•SITE BALANCING•SITEWORK TAKE-OFF
Earthwork Volume Analysis
January 27, 2014
Job Title: Balboa Marina
ECS Job ID: 4A35
Description Cut CuYds Cut Area Fill CuYds Fill Area
Mass Excavation 3,653 CY 78,019 SF 7,860 CY 71,988 SF
Import 4,207 CY
Total Area 150,190 SF 3.45 Acres
Volume Change Per .I ft: 556.3 C.Y.
THF,DA'T'A AND INFORMATION PRF.SENIED HEREIN HAVE BEEN PRODUCED CONSIS'I'AN[WH'H INDUST BY STANDARDS,BY OPERATORS EXERCISING REASONABLE SKILL
AND CARE. THIS DATA AND INFORNIATION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NO GUARANTEE OR NARRANFY EXPRESSED OR IMPLIED IS MADE,WI'H
RESPECT TO THE ACCURACY OF THIS DATA OR INFURMA'I'[ON. IN NO EVENT WILL EARTHWORK CALCULA'T'ION SERVICES BE LIABLE FOR ANY LOSS OF PROFIT OR.ANY
OTHER COMMERCIAL DAMAGE INCLUDING BUT NOT LIMITED TO SPECIAL,INMENTAL, CONSEQUENTIAL OR OTHER DAMAGES RESULTING FROM THE USE OF THIS
INFORMATION OR DATA.
4095 E.La Patina,Suite K Anaheim,CA 92807
Phone(714)666-8900
E-Mail: MAIL@DIRTESTIMATOR.COM Website:WWW.DIRTESTIMATOR.COM
02
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Balboa Marina West MND
Friday,September 19, 201.1
10:50 AM
Subject Balboa Marina West MND
From Adams, Loni(cWildlife
To Alford, Patrick
Cc Frey,Vicki@Wildlife; Chesney, Bryant(B rya nt.Chesney@noaa.gov);christine_medak@fws.gov; Delaplaine,
Mark@Coastal
Sent Friday,September 19,201410:24 AM
Dear Mr. Alford:
The Department of Fish and Wildlife (Department) reviewed the August,
2014 Mitigated Negative Declaration (MND) for the Balboa Marina West
project. The Department does not have any objections to the initial eelgrass
mitigation proposal to offset dredging impacts to 515 square feet of eelgrass
and eelgrass habitat. This includes eelgrass transplanting to the Balboa
Marina Eelgrass Transplant Mitigation Area, constructed in 2009, for
mitigation of eelgrass losses associated with the Balboa Marina. The
Department has the following new eelgrass transplantation requirements
that should be mentioned in the draft and final eelgrass mitigation and
monitoring plans.
The process of translocation of eelgrass (Zosters marina, Z. pacifica) for
purposes of research or restoration requires two distinct authorizations. The
authority to remove eelgrass from the environment requires a Scientific
Collecting Permit (Fish and Game Code section 1002; title 14, California
Code of Regulations section 650), while the authority to place eelgrass back
into the environment requires a Letter of Authorization (Fish and Game Code
section 6400).
1. The Scientific Collecting Permit application should be sent to our
License and Revenue Branch at the address on the application. The
application must contain a detailed project description that includes any
mitigation or restoration plans, detailed site maps, proposed work
timeframe, photos, and current and/or historical eelgrass survey reports for
the donor and transplant sites. The Scientific Collecting Permit application is
available at http://www.dfq.ca.aov/wildlife/nonaame/research permit/.
2. Once the application is received, the Marine Region will initiate the
Letter of Authorization, and you may be asked to supply more information
during this time. The Scientific Collecting Permit and the Letter of
Authorization will be issued separately, and the project may not commence
until both authorizations are received.
Thank you for collaborating with the Department in order to protect, restore
71
MND Public Comments Page 1
and maintain biological resources.
Sincerely,
Loni Adams
Marine Environmental Scientist
California Department of Fish and Wildlife
Marine Region
3883 Ruffin Rd.
San Diego, CA 92123
858-627-3985 office
858-627-3984 Marine FAX
Ioni.adams(&wildlife.ca.00v
72
MND Public Comments Page 2
OC Parks
Monday,September 22,2014
8:44 AM
Subject Draft MND-Balboa Marina West
From Adler, Richard
To Alford,Patrick
Cc Brodeur,Susan
Sent Monday,September 22,2014 8:13 AM
Attachments 0`
D00092214
Patrick,
Table 3-1 needs to be revised.
County of Orange
• Coordination with State Lands Commission as Trustee for submerged lands
• Issuance of an Encroachment Permit
A portion of the built project is located within County Tidelands (see attached).Therefore, an
encroachment permit is not sufficient.
The developer will need to secure a lease from the County to cover the area within County Tidelands
and, in the case of the private boat slips, will need to pay fair market rent.
Let me know if you have any questions or need additional information.
Rich Adler
Real Estate Manager
OC Parks
13042 Old Myford Rd.
Irvine,CA 92602
949 923-3752
More about OC Parks: Website,Twitter, Facebook
73
MND Public Comments Page 1
■■
MBgabtl NepdNe Dea,naBpn 3.0 PfajeCt DE,Clatgn
TRANSMPrr
DOCK r
B coast
Highway
. .
A
C• fr
344
Py.N. ° A
• Y
PRIVATE �• W
DOCK
EXPANSION -
FORMER NEWPORT
l HARBOR NAUTICAL
MUSEUM RIVERBOAT
i
.d�. - - - -- _-_ - '--- - - - -- '� - �.� ,.,._ate, ,�,
SECTION A SECTION B
xu, r-m' scvl r-iP'
R9.le}3
>� PUBLIC TRANSIENT DOCK AND MARINA DRIV CIN CONCEPT PIAN PAGE 1
Balboa MAIM WOV Au;IW 18,W14
Le=Agency.CM of NewaoP Beach Pope Y12
74
Planning Commission - October 02, 2014
Item No. 2a - Additional Materials Presented At Meeting
03)
Balboa
Mitigated • . •
SL
E
IIT
FW PO
PlanningCommission
m
Public Hearing n
O • • C9�/FORN�P
Planning Commission - October 02, 2014
Item No. 2a - Additional Materials Presented At Meeting
03)
Process VS
a
,.C,t/FORN�P
(PlanningIVIND
• •
1 . , WATERSIDE■ ,
. ■ & CUP AIC
(Planning • •n) (Harbor ResourcesD •
ENTIRE PROJECT■ •
P
(Coastal • •
10/02/14 Community Development Department - Planning Division 2
Planning Commission - October 02, 2014
Item No. 2a - Additional Materials Presented At Meefing
03)
Location -
low
10/02/14 Community Development Department - Planning Division 3
�... � .. •`'� . ws IIF' �ti4
PRO/ECMl ShPE �. � y
T Y t
Aerial 19
Castaway°s _ B awc. k .Bay y�' Vil,la • eI
i �� �w g
-I Land`inaJ�'S ge r '
,
-�
-ion
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a c�i f i, .
c'Bay�si.de Plaza
N'ewpo'rt AuRto Cen`te
��.
L i nd a, 4 < � b
Nk
Planning Commission - October 02, 2014
Item No. 2a - Additional Materials Presented At Meeting
03)
Oblique Aerial
t4
S y rGe�
w -
y
0211612014
10/02/14 Community Development Department - Planning Division 5
Planning Commission - October 02, 2014
Item No. 2a - Additional Materials Presented At Meeting
03)
0 11
Project
Overview
us
a
.C'4t/FORN�P
Marina Expansion
24 new private slips
Public Dock
4 relocated public slips
8 new public slips
Marine Commercial Building
19,400 square feet
Tuck-under parking
Potential restaurant
Yacht brokerage office
Public restrooms
.r Reconfigured Parking and New Landscaping
10/02/14 Community Development Department - Planning Division 6
Planning Commission - October 02, 2014
Item No. 2a - Additional Materials Presented At Meeting
03)
Development � S
a
:.C,t/FORN�P
LANDSIDE
DEVELOPMENT v'
F S t AREA
/ a
/PUBLIC TRANSIENT / 1 C o a s t Highway
/ DOCK AREA
3 �
� Ro1......l f,
- - -
1 1 PRIVATE DOCK \ L
EXPANSION AREA- - - - - - - - - - - - - - -\ \ \ 0
1 1 / Linda Isle » \ \ \
Ak
10/02/14 Community Development Department - Planning Division 7
Planning Commission - October 02, 2014
Item No. 2a - Additional Materials Presented At Meeting
03)
Waterside
us
CL Restaurant/
Marne Com rn erc lot
rrxm.o
a�
HP10� (em of
PYY PY. V lS'Y�awY@ gAleK1
•in+awm wau .+�_ ra_
SECTION O
10/02/14 Community Development Department - Planning Division 8
Planning Commission - October 02, 2014
Item No. 2a - Additional Materials Presented At Meefing
03)
Landside
Concept Plan
Restaurant I
marine oommorcla,
i -
^1JF
40 IcP� N EL36 ."`gym I ��C�7 I I�� z.
i r
,
10/02/14 • Development D- •. • Division
Planning Commission - October 02, 2014
Item No. Additional
03)
Marine Commercial Building
10/02/14 Community
Conceptual Building Design
-- �� -• • mor _.��an -
i
.. .�' r..��SrL�•�i��n)�3 � r T A
A
Development Department Division
Planning Commission - October 02, 2014
Item No. 2a - Additional Materials Presented At Meeting
03)
Estimated
Duration
LANDSIDE WATERSIDE
No. of No. of
Activity Weeks Activity Weeks
Demolition 24 Dock Construction 30
Building Construction 24
Parking lot, driveways 21
Landscape/Hardscape 21
Tenant Improvements 20
TOTAL CONSTRUCTION = 14 MONTHS
10/02/14 Community Development Department - Planning Division 11
Planning Commission - October 02, 2014
Item No. 2a - Additional Materials Presented At Meeting
03)
MND Schedule
� z
a
.C'4t/FORN�P
o8/18/14 — Public review period began
09/17/14 — Public review period ends
09/04/14 — PC Study Session
10/02/14 —Planning Commission hearing
10/02/14 Community Development Department - Planning Division 12
Planning Commission - October 02, 2014
Item No. 2a - Additional Materials Presented At Meeting
NoticingMND
03)
� z
a
.C'4t/FORN�P
Property owners within Soo -foot radius
Any interested persons
Local newspaper publication
Posting on -site
County Clerk
Responsible and trustee agencies
State Clearing House
10/02/14 Community Development Department - Planning Division 13
Planning Commission - October 02, 2014
Item No. 2a - Additional Materials Presented At Meeting
03)
MND Availability 61
City Hall
All branches of the NBPL
City's website
10/02/14 Community Development Department - Planning Division 14
Planning Commission - October 02, 2014
Item No. 2a - Additional Materials Presented At Meeting
03)
Potential Impacts
u�z
a
cqC/FORN�P
and / •
Tracy Zinn, AICP
Vice President
T& B Planning
I
P L A N N I N G
10/02/14 Community Development Department - Planning Division 15
A
N. #
a
ti = r ~ F
a
ti
4
M
For more information contact: IF
Patrick 1.Alford, Planning Program Manager
949-644-3235
PalfordQa newportbeachca.gov
www.newport�eachca.gov
Planning Commission - October 02, 2014
Item No- 2L- Additional Matpriql,; Rprpjvp(i At Meeting
Balboa Marina West Mitigated Negative Declaration (PA20 -103)
Jackson DeMarco I Tidus
Peckenpauoh
A LAW CORPORATION
Summary of Defects Requiring
Recirculation of the Balboa Marina West
MND
Submitted on Behalf of Linda Isle Homeowners
Association
October 2, 2014
MICHAEL L. TIDUS, ESQ.
MICHELE A. STAPLES, ESQ.
PAIGE H. GOSNEY, ESQ.
Jackson DeMarco Tidus Peckenpaugh
2030 Main Street
1241 Floor
Irvine, California 92614
(949) 752-8585
1223947.1
Planning Commission - October 02, 2014
Item No. 2b: Additional Materials Received At Meeting
Balboa Marina West Mitigated Negative Declaration (PA2012-103)
SUMMARY OF DEFECTS REQUIRING RECIRCULATION OF THE BALBOA MARINA WEST MND
Submitted on Behalf of Linda Isle Homeowners Association
October 2,2014
The Balboa Marina West MND fails to account for, adequately analyze and/or mitigate the following
environmental impacts associated with the Project:
• The cumulative environmental impacts of the Back Bay Landing project and Balboa Marina West
project, including as to aesthetics,traffic and noise. For example, the Aesthetics analysis is
clearly inadequate as the visual simulations included as Appendix L to the MND do not reflect
any development from the Back Bay Landing project. The City cannot piecemeal its CEQA
analysis on the grounds that potential impacts will be evaluated in the future when applications
for the ultimate development projects for Back Bay Landing and the Balboa Marina West
commercial building are submitted. Project features that cannot yet be evaluated cannot be
approved as part of the MND.
• Additional analysis and mitigation is needed to address the impacts caused by vehicle headlights
from raising the northern portion of the parking lot up to 10 feet, and intensifying the use of the
southern portion of the parking lot adjacent to the marina docks. The dense foliage referenced
in the City's response to Linda Isle's comments is not required by the project's landscaping plans
or mitigation measures, and there is no project standard or mitigation measure requiring
shielding of headlights and parking lot lights. Maintenance of dense foliage in the northern
parking lot is also inconsistent with the City's reliance on cut-backs of landscape irrigation to
comply with drought-level water restrictions. Although there is currently no screening in place
for the southern portion of the parking area under existing conditions, use of this area will be
significantly intensified with the new commercial building and public dock.
• The MND's analysis and mitigation of noise and construction vibration impacts is inadequate
and must be substantially revised as it fails to analyze project-specific and cumulative noise and
construction vibration impacts and impose necessary mitigation measures. The City took no
actual noise measurements from Linda Isle and is improperly relying upon an outdated
noise/vibration analysis that fails to account for current conditions and ambient noise levels.
• Additional analysis and mitigation is needed to address the increased noise impacts from the
proposed restaurant and from the increase in pedestrians walking to and from parking areas to
the new commercial building and public docks. CEQA does not allow the City to delay its
analysis of these impacts until applications for development of the commercial building are
submitted.
• The NIND's analysis of the restaurant and landscaping water use requirements is inadequate and
n ust be substantially revised. The MND water use estimates are based upon general zoning
assumptions rather than restaurant uses. Also, the landscaping water use estimates are based
Planning Commission - October 02, 2014
Item No. 2b: Additional Materials Received At Meeting
Balboa Marina West Mitigated Negative Declaration (PA2012-103)
on low water use plants (Response to Comments, p.40); however,this is inconsistent with the
City's assertion that a "landscape zone densely planted with trees' will block headlight impacts
to residents of Linda Isle from the raised northern portion of the reconfigured parking lot.
• The MND fails to analyze trips required for hauling demolition materials from the site in MND
traffic calculations, and to include mitigation measure(s) requiring all excavated dirt to be used
on-site.
Based upon the above, Linda Isle Homeowners Association requests that the City take the following
actions in connection with the Balboa Marina West MND:
1. Revise and recirculate the MND to disclose, analyze and mitigate all cumulative impacts of
the Balboa Marina West project together with the Back Bay Landing project.
2. Prepare a supplemental noise analysis that evaluates noise impacts to Linda Isle residences
based on actual, current measurable data, including impacts associated with increased
parking lot vehicle and pedestrian traffic.
3. Revise the MND to incorporate additional measures to mitigate noise impacts from the
proposed restaurant, including installation of sound attenuating windows at the south side
of the restaurant and prohibiting any patio or other outdoor use except at the restaurant's
north side to shield noise from Linda Isle residences.
4. Revise the MND to incorporate analysis of construction vibration impacts and potential
structural damage to Linda Isle residences associated with boring and pile activities based
on current, measurable data, and corresponding mitigation measures to reduce or minimize
these impacts.
S. Revise the MND to provide analysis of the actual water and wastewater demands associated
with the restaurant and yacht brokerage business proposed for the commercial building and
to clarify the Project's landscaping water demands.
6. Revise the MND to reduce the allowable maximum building height from 40 feet to 35 feet so
that it is consistent with the standards approved for the adjacent Back Bay Landing project.
7. Revise the MND to incorporate additional mitigation measures that address the impacts
caused by vehicle headlights from both the raised northern portion of the parking lot and
southern portion of the parking lot adjacent to the marina docks.
B. Revise the MND to incorporate additional analysis of traffic trips required for hauling
demolition materials from the site in the Project's traffic calculations, and to include
mitigation requiring all excavated dirt to be used on-site.
Planning Commission - October 02, 2014
Item No. 2b: Additional Materials Received At Meeting
Balboa Marina West Mitigated Negative Declaration (PA2012-103)
ATTACHMENTS:
1. Aerial Map of Nearby Projects
2. Excerpts from Balboa Marina Dock Replacement Project MND and report analyzing pile driving
impacts
3. City Resolution No. 2011-80 regarding 333 CUP Application
4. Excerpts from Back Bay Landing Project EIR
5. Project grading map for Balboa Marina West MND
Planning Commission - October 02, 2014
Item No. 2b: Additional Materials Received At Meeting
Balboa Marina West Mitigated Negative Declaration (PA2012-103)
TAB 1
Innoolum
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Planning Commission - October 02, 2014
Item No. 2b: Additional Materials Received At Meeting
Balboa Marina West Mitigated Negative Declaration (PA2012-103)
TAB 2
Planning Commission - October 02, 2014
Item No. 2b; Additional Materials Received At Meeting
Balboa Marina West Mitigated Negative Declaration (PA2012-103)
a9
CITY OF NEWPORT BEACH
o 3300 Newport Boulevard-P.O.Box 1768
Newport Beach,CA 92658-8915 '
(949)644.3200
�VFOaY
MITIGATED NEGATIVE DECLARATION
F
To: From: City of Newport Beach
HarborResources Department is
1 Oifice of Planning and Research 829 Harbor Island Drive
EJ PA BOX 3041 Newport Beacb,CA 92660
Sacraroenlo,CA 9AM3044 (Orange County)
❑ County Clerk County of Orange
. Public Services Division _ ti
P,O.Box238 Date received for fdidg.atOWCounlyCledc
SadtaAna,CA 92702 -
FubUcreviewpelzod: January 5, 2007 to February 7, 24307
l IS
- home ofPmject: I Balboa Marina DoekReplaeement(Permit Application 02171-2004) ;.
Pmjmt Local= 201 E.Coast Highway
.PmjwtDescripoon. The Balboa Marina reconstruction project proposes to mplam.an existing.132 slip,27,550-Spdock, t:
with a 20,483-SF dock to accommodate 102 slips ranging in size from 22 to 58 feet in length-The r
' existing dock was constructed in 1964 and isreaclung the end of its useful life.The proposed Boating
dock would be constructed ofconcrete and consist of S.to 6-fol-wide slip fingers and an 8-foot-wide t
walkway.Dredging will be required within the project boundary,which includes the adjacent channe),
to a depth of.8-10 feet The reconstruction will include the installation ofnew lighting,electrical
power connections,water supply Ham communication hook-ups,a pump-out station;and fire fighting
facilities.The marina redesign is based on current California Department of Boating and Waterways [L
design criteria and Americans;with Disabilities Actaceess requirements.The design also incorporates F
accommodation for on-site mitigatien ofimpacts to Eelgrass associatedwith the reconstruction,
Finding, Pursuant to the provisions of City Council K3 pertaining to procedures and guidelines to implement the
Califomia Eavirunmcunal Quality Act,the City of Newport Beach has evaluated the proposed project and de-
termined that the proposed project would not have asignificant effectonthe environment
Acopy of the Initial Study containing the analysissupporting this finding is D attached❑on file at the Pin-
ning Department The Initial Study may include mitigation measures that would eliminate or reduce potential
envimmmentat impacts.This document will be considered by the decision-maker(s)prior to final action on the
proposed project.list public hearing will be held to consider thus project,a notice of thetime and location is at=
inched,
- Additional.plans,studies and/or exhibits relating to the proposed pmjcct may be available for public,review,if
you would like to examine these materials,you are invited to contact the undersigued.
If you wish to appeal the appropriateness or adequacy of this document your comments should be submitted in
writing prior to the close of the publicreview period.Your comments should specifically identify what envi>
runmental impacts you believe would result from the project,why they are significant,and what changes or
mitigation measures.you believe should be adopted to eliminate or reduce.these impacts.There is no fee for this
appeal.If's public hearing will be held,you are also invited to attend and testify as to the appropriateness of this
document. - .-
Ifyou any questio or would) er information,please contact the undersignedat(949)644-3200.
Tom Rossmille,Manager Date
Planning Commission - October 02, 2014
Item No. 2b: Additional Materials Received At Meeting
Balboa Marina West Mitigated Negative Declaration (PA2012-103)
I
I.
4.11 Noise
Sound is technicallydescribed in terms of the loudness(amplitude)and
( p � ) frequency(pitch)of the sound.The '
standard unit of measurement of the loudness of sound is the decibel(dB).To further refine the
measure-menti;the A-weighted decibel scale(dBA)discriminates against varying frequency sensitivities among
human ears.In terms of human response to noise,a sound that is 10 dBAbigher than another is judged to be
twice as loud,20 dBA higher is four times louder,and so forth.Everyday sounds normally range from 30 dB
° to 1.00 dB.
Noise impacts are divided into two categories:short-term and long-tern.While the long-term noise levels
Will-remain similar,or slightly reduced,with the proposed project,the short-tern impacts of demolition and I
construction activities will result in temporary impacts.
In.order to fully assess the potential noise impacts from the demolition and reconstruction of the dock is
facility at Balboa Marina,an Environmental Noise Study dated January 2006 and a Report Addendum
Regarding the Revised Site Layout for Balboa Marina dated June 29,2006 were prepared by Wieland
P,ssgc tea,Inc.(Wieland)and are included herein as Appendix L and Appendix K respectively Ip addi-
>iot apstltnated Noise 8s Vibratien analys C✓ag prepared by tYRTdR utilrzing their expeYtehe and re
searelmin tfie$eld`of acoustics and vibration and available published data,The facts and analysis contained
in this section are based on the referenced documents.Section 4.4,Biological Resources,will include
additional information and analysis regarding potential impacts to fish and birds in the area.
Potentially
Significant - ?
.,, Potentially Unless Less Than
Significant Mitigation Significant No
Issues Impact Incorporated Impact Impact
XI.Noise—Would the project result in: r
a Exposure of persons to or generation of noise levels in ❑ ® ❑ ❑ I
excess of standards established in the local general plan or
noise ordinance,or applicable standards of other agencies?
b. Exposure of persons to or generation of excessive ❑ ® ❑ ❑
groundbome vibration cr groundbome noise levels?
c. A substantial permanent increase in ambient noise levels .❑ ❑ ❑
in the project vicinity,above levels existing without the
project?
d. A substantial temporary or periodic increase in ambient ❑ ❑ ❑
noise levels is the project vicinity above levels existing
I._ without the project? -
e. For a project located within an airport land use plan or, ❑ ❑ ❑
where such aplan has not been adopted,within two miles
of a public airport or public use airport,would the project
expose people residing or working in the project area to
excessive noise levels?
f. For a project within the vicinity of a private airstrip,would ❑ ❑ ❑
the project expose people residing or wonting in the pro-
. jed area to excessive noise levels?
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Planning Commission - October 02, 2014
Item No. 2b: Additional Materials Received At Meeting
Balboa Marina West Mitigated Negative Declaration (PA2012-103)
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a) Would the project result in exposure ofpersbns to or genera tion ofnoise levels in excess ofstan-
dards established in the local general plan or noise ordinance, or applicable standards of other
agencies?(PotentiallySignifrcant Unless Mitigation Incorporated)
The City's Noise Ordinance is contained in Title 10,Chapter 10.26,of the Newport Beach
Munici-pal Code and contains the City's policies on noise.
Project implementation will result in noise impacts due to demolition and construction.The primary
source of conshuctionnoise is heavy equipment.Demolition and pile driving will create the highest
noise levels.The nearest homes are located directly across the channel on Linda Isle.It is possible
that noise associated with project demolition and construction could exceed the city's exterior no
standards for very short periods.
The City's Noise Ordinance(Municipal Code Chapter 10.26)has designated noise zones byproperty,
use.Asa Recreational Marine Commercial area,the project is designated Noise Zone II.The noise.
standards for Noise Zone II include an exterior noise level of 65ABA.between 7:00 a.m,and 10:00
pm.and 60.0A between 10 00 pm.and 7 00 am.Construction of the proleet could result iii noise
v 5 levels at resrdentYal areas ji�xcess of,#ho Cxiy s Noise Ordinance.Hov eVar,Sec$on 1`L#2 rQ3
Exemptions—allows construction aetivshes m exceed established no isethresholds if the demolition
and construction activity occurs between 7:00 a.m.and 6:30 p.m.on weekdays and 8:00 a.m.and
6:00 p.m.on Saturdays.Construction work is prohibited on Sundays and federal holidays.The City's
Municipal Code does not identify any quantitative noise level standards for construction activities,
nor does it provide any standards or guidelines with respect to ground vibration.The following miti-
gation measure will ensure compliance with the City's_standards and will reduce impacts to a level
of insignificance:
Mitigation Measure
` N-1 During demolition and construction activities,to reduce construction-related noise im-
pacts,the project applicant shall ensure that construction is limited to periods of reduced
noise sensitivity and thus reduce sleep disturbance and other noise nuisance potential.
Pursuant to the City's Noise,Ordinance,the construction contractor shall ensure that
general construction activities(which include construction vehicle staging and idling en-
gines)be conducted only between the hours of 7:00 a.m. and 6:30 p.m.on weekdays
and between 8:00 a.m.and 6:00 p.m.on Saturday.Construction activities are not al-
lowed at any time on Sundays or local,state or federal holidays.
b) Would the project result in exposure ofpersons to or generation of excessive groundborne vibration
I' orgroundbornenoise levels?(PatentiallySignifuantUnless AfitigationlncorporateiV
The project will expose people to groundborne,vibration or groundbome noise levels.The City's
standard construction regulations require that all construction vehicles or equipment,fixed or mo-
bile,be equipped with properly operating and maintained mufflers to minimize noise and vibration.
Pile Driving
Two forms of pile driving are being considered for the proposed project,impact and vibra-
tory.The preferred method for the project is impact pile driving,which uses a diesel-
powered,pneumatically actuated ram to pound the pile into the ground.In studies conducted
over the years,the typical noise level produced during impact pile driving is 101 dBA at a
distance of 50 feet.The maximum noise level produced during impact pile driving can range
up to 111 dBA at a distance of 50 feet.The Addendum to the Wieland study places the resi-
dences on Linda Isle at a distance of 209 feet and the commercial buildings at a distance of
54 feet from impact source.Based on this distance,the average noise level is estimated to be
75 dBA on Linda Isle and 86 dBA at the commercial buildings.Results of daytime ambient
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City of Newport Beach 61
Balboa Marina Dock Replacement �s�, �
Planning Commission - October 02, 2014
Item No. 2b: Additional Materials Received At Meeting
Balboa Marina West Mitigated Negative Declaration (PA2012-103)
j.
noise measurements(Leq)for existing conditions range from 55.6 dBA to 60.0 dBA at the
two Linda Isle measurement locations and 55.1 dBA to 57.4 dBA at the commercial Inca-
tions.Consequently,it is estimated that the increase at the Linda Isle residences will be 15 to
20 dBA with an impact pile driver.At the commercial properties,it is estimated that the in-
crease in noise will be 29 to 31 dBA with an impact pile driver.However,all pile driving ac- i
l- tivities will take place during the hours identified in the City's Noise Ordinance.In addition,
an acoustical shroud will be in place to reduce the level ofnoise.Mitigation is provided to
r assure that the level of impact is reduced to less than significant
i
Vibration
I The Wieland study analyzed ambient vibration measurements at two of the four locations se-
lected for noise measurements.These two locations were Ristorame Mamma Gina and Or-
ange Coast Yachts,both adjacent to Balboa Marina.Existing ambient vibration levels are
well below the limit of 1 in/sec(inch per second)for building damage.The primary vibratory
activities during the construction phase of the project would be the extraction of the existing
piles and the driving of now prigs A viig*tydriver operates by continuously shaking
at a Ll,athe fixed fie nanuy,ltt: vrb
o B q e rtrt00-11.ni&This operai1on may br;•..
more noticeable to riearby resi4oi3,outhe other hand,produce a high h
vibration level for a short time(0.2 seconds)with sufficient time between impacts to allow [
any resonant response to decay, e
There are several different methods that are used to
quantify vibration amplitude.Of these,
peak particle velocity(PPV)is most appropriate for evaluating potential building damage,
ff since it is related to the stresses that are exerted upon the buildings.Exhibit 7—Contour for
I Impact Pile Driving,delineates the projected area of impact for impacts at a PPV value of 1
in/sec.The heavy line overlaying the marina in Exhibit 7 depicts the limit at the potential
pile driving vibration impact.Analysis using a root mean square(mrs)particle velocity of 2 .
in/see is commonly used as a safe threshold limit for buildings.For an rms velocity of 1
in/sec,the equivalent PPV value is 1.4 in/see.This is the level where minor damage may oc-
cur.The Wieland study has concluded that no damage should be expected at a PPV of 1
in/sec.However,a small risk of structural damage still exists even at relatively low vibration
velocities(in particular due to dynamic settlements caused in loose soils)unless mitigation is
incorporated This potential risk would include the commercial buildings,but not the resi-
dences on Linda Isle.
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City of Newport Beach 62
Balboa Marina Dock Replacement
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Planning Commission - October 02, 2014
Item No. 2b: Additional Materials Received At Meeting
- Balboa Marina West Mitiaa-ted Necfative Declaration,{PA2012-103)
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Planning Commission - October 02, 2014
Item No. 2b: Additional Materials Received At Meeting -
Balboa Marina West Mitigated Negative Declaration (PA2012-1 b3)
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The following mitigation measures are incorporated,as suggested in the Wieland study,to reduce
impacts to a less than significant level:
Mitigation Measures
N-2 During construction,the project applicant shall ensure that a qualified structural engineer
and a qualified geotechnical engineer are on-site to perform tests and observations dur-
ing pile driving to ensure the structural stability of surrounding structures based on a
peak particle velocity(PPV)which is not to exceed the threshold value of 1.4 in/sec.
N-3 During construction,the project applicant shall ensure that vibration velocity measure-
ments shall be obtained inside and outside the residential and commercial buildings
throughout pile driving activities. Data shall be reviewed by a qualified structural engi-
neer and a qualified geotechnical engineer to assess structural stability of buildings.
N-4 During pile driving,the project applicant shall ensure that the pile and driver shall be
completely enclosed on all sides by an acoustical shroud.The shroud shall extend from
the barge or water surface to a point at least 5 feet above the top of the pile to be
driven.The acoustical shroud, held in place by a crane,shall surround the pile driving
assembly during pile driving activities.
c) Would the project result in a substantial permanent increase in ambient noise levels in the project
vicinity above levels existing without the project?(No Impact)
The majority of the permanent noise generated by the proposed project will be consistent with,and
potentially less than,the levels that already exist.Completion of the proposed project will result in a
reduction of boat slips from 132 slips to 102 slips.This reduction would result in fewer cars arriving
and departing at the dock parking lot and fewerboats,with their attendant engine noise,making trips
into and out of the tsarina.The project will not result in a substantial permanent increase in ambient
noise levels and no impact will result from project implementation.
d) Would the project result in a substantial temporary or periodic increase in ambient noise levels in
the project vicinity above levels existing without the project?(Less Than Sign iifxant Impact)
It is anticipated that the project will result in a substantial temporary impact to noise levels in the
project vicinity due to demolition and construction activities.However,construction impacts are
short-term,and mitigation measures will be incorporated to reduce levels to less than sigaificant.In
addition,the project will comply with City of Newport Beach Noise Ordinance standards per Mitiga-
tion Measure N-1 in order to reduce impacts.
The primary sources of construction-related noise will be demolition,pile driving,and dredging op-
erations.Noise may also be increased due to a portion of the existing parking lot being used as a
staging area for construction equipment and prefabricated dock assembly.Equipment to be used dur-
ing the demolition and reconstruction process will include a crane barge,an impact hammer,a
dredge,generators,and a small work boat.
Demolition
A crane barge will be utilized during the construction process.During removal of the docks,
the barge will be moored to the existing piles.The pilings will either be removed by vibra-
tory extraction or will be cut at the mudline if vibratory extraction fails to remove the pile.
City of Newport Beach 64
Balboa Marina Dock Replacement
Planning Commission - October 02, 2014
Item No. 2b: Additional Materials Received At Meeting
Balboa Marina West Mitigated Negative Declaration (PA2012-103)
I
Dredging
Currently,the marina has accommodation for larger boats and,in order to enable the Contin-
ued use of the marina,the dredge profile proposed to-10 feet is necessary to ensure safe op-
eration and berthing.The barge engines are the primary noise sources associated with dredg-
ing.The Wieland study projects the following noise levels based on an average noise level of
86 dBA at a distance of 50 feet 72 dBA at the Linda Isle residences(approximately 160 feet
distant),76 dBA at the commercial buildings(approximately 100 feet distant),and 33 dBA
at Least Tem Island(approximately 14,800 feet distant).
Construction
The construction phase of the project will involve the placement of the guide piles and the
assembly and placement of the dock.The concrete floats will be pre-fabricated off-site and
assembled at the project staging area.Noise from the pile driving activities is discussed
above in item(b).
As noted above,the City's Noise Ordinance exempts construction projects during the hours
from 7:00 am.to 6:30 p.m.on weekdays and 8:00 am.to 6:00 p.m.on Saturdays.No con-
stmction activities are allowed on Sundays or legal holidays.However,incorporation of
mitigation measures contained herein will reduce short-term noise impacts resulting from the
demolition and construction of the marina.
e) For a project located within an airport land use plan,or where such a plan has not been adopter
within two miles ofa public airport orpublic use airport,would the project expose people residing
or working in the project area to excessive noise levels?(No Impact)
The nearest airport to the project site is the John Wayne Airport,approximately five miles away.The
project is not within the CNEL contour line for noise impact zones.Additionally,the project site is
not within the Airport Environs Land Use Plan for any airport.The project will not expose people
residing or working in the project area to excessive noise levels and no impact will occur.
For aproject within the vicinity of a private airstrip,would the project expose people residing or
working in the project area to excessive noise levels?(No Impact)
There is no private airstrip located within the vicinity of the proposed project.Therefore,the project
will not expose people residing or working in the project area to excess noise levels,and no impact
will occur.
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Balboa Marina Dock Replacement
Planning Commission - October 02, 2014
Item No. 2b: Additional Materials Received At Meeting
Balboa Marina West Mitigated Negative Declaration (PA2012-103)
i
5. Summary of Mitigation Measures
Topical Area Mitigation Measure
Ail Quality AQ-1 During demolition,the project applicant shall ensure that all dock materials removed from
the marina will be transported off-site the same day they are removed
Biological 13-1 During all dock removal,dredging and construction activities,the project applicant shall
Resources ensure that a qualified biologist is stationed on-site to monitor and keep recordation of
Least Tem numbers,behavior,and foraging capabilities:The en-site biologist shall submit
monitoring reports to USFWS and CDFG at an interval and in detail w the federal and
state resource agencies deem appropriate.lathe event that the on-site biologist,the
USFWS,or the CDFG determine that project activities are a detrimeat to the Least Tem
foraging capabilities,all activities shall cease until a resolution is reached.
B-2 During construction,the project applicant shall reduce the impact of sediment and
contaminants through the implementation of Best Management Practices(BMPs),includ-
ing,but not limited to,placement of trash receptacles and silt fences,particularly within
the construction staging area.
e. B-3 During all dredging activities,the project applicant shall ensure that an on-site biologist
shall conduct visual observations of the water column during dredging,which shall consist
,i of monitoring turbidity 100 feet downcuaent from the dredging activities to determine if
the turbidity is 20%greater than ambient conditions(such as 100 feetupeurrent)as a re-
sult of dredging activities.In the event that water column turbidity reaches a threshold of
20%greater than ambient conditions,a silt curtain will be installed.If the silt curtain is not
a feasrble remedy or cannot reduce the level of turbidity to below the said level of thresh-
old,dredging activities will cease until turbidity returns to normal.
B-4 The project applicant shall conduct a pre-construction eelgrass survey prior to construction
efforts,and a post-construction eelgrass survey upon project completion.Said surveys
shall include the project area and the surrounding vicinity for the purpose of documenting
all existing eelgrass beds and cusuring that all construction impacts on eelgrass are miti-
gated in their entirety,including those due to the anchoring of construction-related boats
outside the dredge footprint Said surveys shall be consistent with the Southern California
Eelgrass Mitigation Policy(SCEMP),and include the five-yearpost-planting monitoring
required by the SCEMP.Reports shall be submitted to the appropriate resource agencies to
ensure success criteria are met
B-5 The project applicant shall ensure that all impacts to celgrass,as indicated by pre-
construction and post-coustmction eelgrass surveys,shall be mitigated to a ratio of 1.2
square feet for every 1.0 square foot impacted The project applicant shall coordinate with
state and federal resource agencies regarding the feasibility of on-site mitigation.
- - B-6 Prior to dredging and construction activities,the project applicant shall ensure that all on-
water construction vehicles and dredging machinery be provided with a detailed and com-
prehendible map delineating existing celgrass beds in the project vicinity,including a 20-
foot perimeter outside the project area The project proponent shall also be responsible for
ensuring that all on-water construction vehicles and dredging machinery avoid the mapped
celgrass beds.In the event that celgrass outside the dredge plan area is unavoidably
im-pacted due to construction activities or vehicles,mitigation measures B4 and 13-5 shall
ensure that these areas are properly mitigated by the project applicant
B-7 The project applicant shall conduct a pre-emnstruction Caulerpa Taxifolia survey 30 to 90
days prior to dredging efforts,and a post-construction Caulerpa Taxifolia survey within 30
to 90 days after project completion.Said surveys shall be consistent with the Southern
California Eelgmss Mitigation Policy and the City of Newport Beach Harbor Permitting
j Policy H-1
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City of Newport Beach 76
Balboa Marina Dock Replacement,
Planning Commission - October 02, 2014
Item No. 2b: Additional Materials Received At Meeting
Balboa Marina West Mitigated Negative Declaration (PA2012-103)
{
If Topical Area Mitigation Measure
B-8 Prior to project initiation,the project applicant shall obtain a.Section 404 permit from the
Army Corps of Engineers,as required by law,to protect federally protected wetlands.
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iGeology and Soils G-1 During dredging operations,the project applicant shall ensure that no dredging will occur
within eight(8)feet of the bulkhead,as measured horizontally.Beyond this limit,slopes
shag be dredged to a 4:1 horizontal to vertical ratio;or flatter.
G-2 During dredging operations,the project applicant shall ensure that dredge slopes adjacent
to Mamma Gina's along the scuthem shore of the channel Will be inclined at a 5:1 hori-
zontal to vertical ratio,or flatter.
- G-3 During dock construction,the project applicant shall ensure that all pile driving activities
maintain a minimum distance of 30 feet from the shoreline not supported by abulkhead
adjacent to Mamma Gines. _
Hazards and Ha-1 Prior to commencement of demolition,the applicant shall obtain appropriate permits for
Hazardous Materials the demolition and removal of existing docks to ensure compliance with the City's stan-
dards forsuch activities.
Hydrology and H-1— Prior to commencement of dredging activities,project applicant shall perform sediment
Water Quality sampling test results following protocol requirements of the ACOE and RWQCB.Test re-
sults shall be sent to the ACOE and RWQCU,as well as the City of Newport Beach for re-
view and approval
H-2— During demolition and construction,project applicant shall comply with all regulations
andconditions,including monitoring and reporting,as set forth in the Section 04 Permit
t and Section 401 Certification,
Noise N-1 During demolition and construction activities,to reduce construction-related noise
impacts,the project applicant shall ensure that construction is limited to periods of to-
duced noise sensitivity and thus reduce sleep disturbance and other noise nuisance poten-
tial.Pursuant to the City's Noise Ordinance,the construction contractor shall ensure that
general construction activities(which include construction vehicle staging and idling en-
gines)be conducted only between the hours of 7:00 a.m.and 6:30 p.m.ou weekdays and
between 8:00 a.m.and 6:00 p.m.on Saturday.Construction activities are not allowed at
any time on Sundays or local,state or federal holidays.
N-2 During construction,the project applicant shall ensure that a qualified structural engiacer
and a qualified geotechnical engineer are on-site to perform tests and observations during
pile driving to ensure the structural stability of surrounding structures based on a peak par-
ticle velocity(PPV)which is not to exceed the threshold value of 1.4 WSW.
N-3 During comtmction,the project applicant shall ensure that vibration velocity measure-
menta shall be obtained inside and outside the residential and commercial buildings
throughout pile driving activities.Data shall be reviewed by a qualified structural engineer
and a qualified geotechnical engineer to assess structural stability of buildings.
N-4 During pile driving,the project applicant shall ensure that the pile and driver shall be
completely enclosed on all sides by an acoustical shroud The shroud shall extend from the
barge or water surface to apoint at least 5 feet above the top of the pile to be driven.The
acoustical shroud,field in place by a crane,shall surround the pile driving assembly during
pile driving activities.
Recreation R-1 Prior to commencement of wnstruction,the applicant shall insure that lessees requiring
temporary accommodation for their boats will be relocated to other California Recreation
Company marinas in Newport Harbor subject to availability or will be provided re-
location assistance. -
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Balboa Marina Dock Replacement
Planning Commission - October 02, 2014
Item No. 2b: Additional Materials Received At Meeting
Balboa Marina West Mitigated Negative Declaration (PA2012-103)
Topical Area Midgation Measure
R-2 Prior to the commencement of construction,applicant shall insure that lessees permanently
displaced by the reconstruction will be relocated to other California Recreation Company
" marinas in Newport Harbor subject to availability or will be provided relocation assis-
tance.
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Balboa Marina Dock Replacement
Planning Commission - October 02, 2014
Item No. 2b: Additional Materials Received At Meeting
Balboa Marina West Mitigated Negative Declaration (PA2012-103)
GeoSoils Inc.
December 20, 2007
Linda Isle Homeowners Association
c/o Mr. Bill O'Connor
90 Linda Isle
Newport Beach, CA 92660
Subject: Balboa Marina Proposed Dock Replacement Pile Driving Impacts on Linda
Isle, Newport Beach, Orange County.
Dear Homeowners Association:
At your request, GeoSoils Inc. (GSI) is pleased to provide this written summary of our
review of the pile driving impact analysis prepared by noise and vibration consultant
Wieland Associates, Inc., for the proposed Balboa Marina Dock Replacement Project.
Our scope of work includes visual observations of the Marina site and portions of Linda
Isle, a review of the referenced plans, a review of portions of the referenced Mitigated
Negative Declaration, a review of the referenced California Department of Transportation
technical advisory, a review of the referenced Wieland Associates, Inc. reports and
addendums, and preparation of this summary report.
SITE OBSERVATIONS
The Marina area, and portions of Linda Isle, were observed by GSI personnel on
November 6, 2007. The Linda Isle improvement closest to the Balboa Marina Project is
the Linda Isle Access Bridge, approximately 75 feet(22.8 m)west of the nearest proposed
Marina Dock pile.
The Linda Isle Access Bridge is a critical structure. It not only provides the sole access to
the island, but also carries all power, water, and sewer utilities to the island residences.
In addition to observing the bridge, some of the docks, bulkheads, and residential patio
improvements were observed. All of the observed patio decks were covered with
decorative tile or other settlement sensitive improvements. Portions of the Marina and
existing dock system were observed from the public parking lot along Bayside Drive.
5741 Palmer Way, Suite D, Carlsbad CA 92010 W.O. S5563 Phone 760-438-3155
Planning Commission - October 02, 2014
Item No. 2b: Additional Materials Received At Meeting
Balboa Marina West Mitigated Negative Declaration (PA2012-103)
GeoSoils Inc. 2
REPORT REVIEW
Wieland Associates, Inc., the project noise and vibration consultant, included an analysis
of the potential impact of pile driving on the surrounding area in their April 4, 2006 study.
They also prepared two subsequent addendum reports, with additional analyses, in
response to project changes. Two methods of pile installation were evaluated, vibratory
and impact driving. Benefits and drawbacks of each method were discussed, as quoted
in part below, from Wieland Associates, Inc.(2006b).
From Table 7-1, the PPV created by vibratory pile drivers is 2.1-3.8 times lower than
the PPV induced by impact pile drivers under the same environmental conditions.
However, the additional vibration effects of vibratory pile drivers may limit their use
in sensitive locations. A vibratory pile driver operates by continuously shaking the
pile at a fixed frequency, literally vibrating it into the ground. However, continuous
operation at a fixed frequency may be more noticeable to nearby residents, even
at lower vibration levels. Furthermore, the steady-state excitation of the ground may
increase resonance response of building components. Impact pile drivers, on the
other hand, produce a high vibration level for a short time (0.2 seconds) with
sufficient time between impacts to allow any resonant response to decay.
The permit application allows for use of either method. The Wieland Associates, Inc
analysis covers both methods. It is the Peak Particle Velocity (PPV) that is calculated
verses the distance from the pile driving. Their analysis plots the lines of constant PPV
called isovels. The report and subsequent addendums plot the 1 in/sec isovel for both pile
driving methods. They do qualify their analysis and state that, "It should be noted that the
most reliable way to evaluate vibrations is in situ. The theoretical analysis in this study
provides approximate results and may not be accurate." They also point out that,
"Because it is outside our area of expertise, the risk of structural damage due to
transmitted vibrations or dynamic settlements has not been evaluated in this study.
However, this potential issue is addressed in the mitigation measures of Section 9. It is
noteworthy that at relatively short distances from pile drivers, damage to buildings caused
by soil settlement incited by vibration can be more significant than the structural damage
caused by vibration fatigue]I]. In particular, notable dynamic settlements can result from
even relatively small ground vibrations in loose soils. While this study does not address
the issues of structural damage, it should be noted that the commercial buildings are at risk
of structural damage because they are located very close to the reconstruction site."
Wieland Associates, Inc., states clearly that risk of structural damage is outside their area
of expertise. Notwithstanding, their analysis clearly implies that any structure outside of
the 1 in/sec isovel will not be subject to"damage"or"significant damage." Based upon our
review of the California Department of Transportation document entitled `Transportation
related earthborne vibrations (Caltrans experiences)," which provides an engineering
5741 Palmer Way, Suite D, Carlsbad CA 92010 W.O. S5563 Phone 760-438-3155
Planning Commission - October 02, 2014
Item No. 2b: Additional Materials Received At Meeting
Balboa Marina West Mitigated Negative Declaration (PA2012-103)
GeoSoils Inc. 3
standard for pile driving impact analysis, this 1 in/sec threshold is incorrect and under
estimates the areas that may be subject to some form of distress from pile driving. Table
2 from the Cal Trans Report; reproduced below, identifies a threshold of 0.2 in/sec as the
critical threshold PPV for damage. Based upon the Cal Trans Report,Wieland Associates,
Inc should plot additional isovels, including the 0.2 in/sec isovel, to more accurately
identify areas where potential damage, as a result of pile driving, could occur.
Vibration Level
Peak Particle Velocityr
mmis Inlsec Human Reaction Effect on Buildings
0.15-0.30 0,006-0.019 Threshold of perception; Vibrations unlikely to cause
possibility of intrusion damage of any type
2.0 0.08 Vibrations readily Recommended upper level
perceptible of the vibration to which
ruins and ancient
monuments should be
subjected
2.5 0.to Level at which continuous Virtually no risk of
vibrations begin to annoy "architectural"damage to
people normal buildings
5.0 0.20 Vibrations annoying to Threshold at which there is
people in buildings (this a risk of"architectural"
agrees with the levels damage to normal dwelling-
eetablished for people houses with plastered walls
standing on bridges and and ceilings
subjected to relative short
periods of vibrations) Special types of finish such
as lining of walls, flexible
ceiling treatment, etc.,
would minimize
"architectural"damage
10-15 0.4-0.6 Vibrations considered Vibrations at a greater level
unpleasant by people than normally expected
subjected to continuous from traffic, but would
vibrations and unacceptable cause"architectural"
to some people walking on damage and possibly minor
bridges structural damage.
•The m'bratim levels arc based on peak particle velocity in the w0iml direction, 4Vteere lmmmt reactions are
concerned, the uahre is at the point at which the person is sintated. For buildings, the value refers to the rgronnd
motion. INTO affotuanm is included for thear.pEfyin-9effect,if any,of struc4arol wotponents
Source: "A Survey of Traffic-induced VibraSons" by WhNren and Leonard, Transport and Road Research
Laboratory,RRL Report LR416,Crowthome,Sarkshim,England, 1971,
Table 2- Reaction of People and Damage to Buildings at Various Continuous
Vibration Levels.
5741 Palmer Way, Suite D, Carlsbad CA 92010 W.O. S5563 Phone 760-438-3155
Planning Commission - October 02, 2014
Item No. 2b: Additional Materials Received At Meeting
Balboa Marina West Mitigated Negative Declaration (PA2012-103)
GeoSoils Inc. 4
To illustrate that the extent of the area that may be subject to damage from pile placement,
GSI performed an analysis using Figure 1, the pile driving attenuation curve, from the Cal
Trans Report, to determine PPV for both impact and vibratory pile installation at the Linda
Isle bridge. Using a PPV of 1.08 in/sec at 25 feet for impact driving, the calculated PPV
at the bridge (75 feet) is 0.28 in/sec. This PPV is above the threshold for risk of damage
to buildings (including the bridge). Using a PPV of 0.45 in/sec at 25 feet for vibratory
placement, the calculated PPV at the bridge(75 feet) is 0.12 in/sec. This is in between the
"no risk" level and the threshold of risk level in the above table.
Because of the noted inherent lack of accuracy in the vibration analysis and the disclaimers
within the Wieland Associates, Inc reports, it is reasonable to conclude that there is
definitely potential risk to the Linda Isle Bridge and arguably risks to improvements
(bulkheads, buildings, walls, and flatwork) at the Linda Isle areas adjacent to the Balboa
Marina. This is clearly acknowledged in the Wieland Associates, Inc, report. The report
provides for mitigation of these impacts as stated and recommended below.
1. Qualified structural and geotechnical engineers should review the peak
vibration velocities estimated in this report, and determine whether it is safe
to proceed with pile driving at the marina. Of particular concern is a potential
dynamic soil settlement that may produce unsafe structural conditions at the
commercial properties and residences.
2. Vibratory pile driving shall be used rather than impact pile driving if permitted
by the geological conditions at the project site. This shall be determined by
a qualified geotechnical engineer.
3. A qualified structural engineer and geotechnical engineer shall be onsite
during the pile driving activities and perform such tests and observations as
are necessary to ensure the structural stability of the residences, commercial
buildings, and other structures in the vicinity of the construction area.
4. Vibration velocity measurements shall be obtained inside and outside of the
residences and commercial buildings throughout the pile driving activities.
This data shall be reviewed by a qualified structural engineer and
geotechnical engineer to assist in assessing the structural stability of the
buildings.
The residences identified in the mitigation measures are clearly the Linda Isle residences
adjacent to the project. These mitigation measures need to not only be a condition of any
regulatory permits but they should be furthered developed into an actionable and definitive
mitigation and monitoring plan. The nature of the tests and observations, along with the
5741 Palmer Way, Suite D, Carlsbad CA 92010 W.O. S5563 Phone 760-438-3155
Planning Commission - October 02, 2014
Item No. 2b: Additional Materials Received At Meeting
Balboa Marina West Mitigated Negative Declaration (PA2012-103)
GeoSoils Inc. 5
monitoring locations need to be identified by the applicant. The preliminary plan should
be reviewed by the interested affected parties and their consultants, and refined as
appropriate. The permit conditions should also have a clear methodology for resolving
resident or HOA claims of damage to Linda Isle improvements as a result of the proposed
development.
OTHER PILE DRIVING POSSIBLE IMPACTS
The construction sequence has the dredging of the channel being performed prior to the
driving of the new dock guide piles. Dredging of the channel will create bank slopes of/,
1/4 and 1/5 at the edges of the channel and within the Balboa Marina. The equilibrium
slope of the natural bottom sediments is much flatter than 1/5 artificial dredged slope. The
dredging of the channel will create a sink for sediments from the adjacent areas including
sediments that are beneath Linda Isle docks and in front of the Linda Isle bulkhead. The
vibratory action of pile placement will cause the bottom sediments to mobilize and move
down slope. Based upon our review of the information provided there has been no
analysis of this settlement. The downslope settlement will impact the slope along the
Balboa Marina waterfront and may impact the Linda Isle bulkhead. This vibration induced
sediment movement should be addressed by the applicant.
RECOMMENDED WORK PLAN
The following work plan outlines recommended observations and documentation to be
performed by a Linda Isle Homeowners Association consultant as part of the Balboa
Marina project. It specifically does not include monitoring at the Balboa Marina site which
would be provided by the builder of the Balboa Marina project. GSI or the chosen
consultant should perform monitoring designed to verify the findings of the builder's
vibration monitoring program,and provide further protection forthe Linda Isle dwellings and
facilities. We recommend that the following elements be incorporated in the vibration
monitoring program to specifically monitor the buildings nearest the planned Balboa Marina
project:
Pre-Construction Monitorina and Documentation
• Prior to pile driving and construction operations, preconstruction measurements
and observations of the Linda Isle dwellings and facilities should be made
including:
5741 Palmer Way, Suite D, Carlsbad CA 92010 W.O. S5563 Phone 760-438-3155
Planning Commission - October 02, 2014
Item No. 2b: Additional Materials Received At Meeting
Balboa Marina West Mitigated Negative Declaration (PA2012-103)
GeoSoils Inc. 6
• Photographs and HD Video photography of the Linda Isle Bridge, and any
visible utilities, seawalls surrounding Linda Isle, interior and exterior dwelling
walls and flooring, and exterior flatwork. Documentation work should primarily
be performed for structures nearest the Marina construction, and may be
extended to include any or all other dwellings on the island.
• Floor level (manometer) survey of the interior floor of the dwellings to
determine initial baseline levels. Should distress occur, a subsequent floor
level survey will document the extent of differential settlement throughout each
dwelling.
• Surveying (by a qualified land surveyor)to determine baseline elevations of the
seawall bulkheads, flatwork, dwelling floors, and monuments (i.e., small nails)
attached to the exterior of the dwellings) prior to construction of the Marina
facilities.
Test Pile Vibration Monitoring and Documentation
• Monitoring should begin with the first pile to be driven. Initial readings should
include monitoring of the vibration levels both at the Marina parking lot, and at the
Linda Isle bulkhead and dwellings. All testing should be performed with at least
one manometer leveling system installed at the nearest Linda Isle dwelling to
monitor settlement of the bulkhead, flatwork and interior floor of the dwelling.
Vibration readings should be taken to determine the following:
• Compare simultaneous readings between the contractor's vibration monitoring
equipment and consultant/GSI's equipment. Calibration of the instruments
should be similar.
• Once convinced that the instruments are acquiring similar readings, using the
same low pile driving vibration or impact levels, take a series readings at the
Linda Isle seawall flatwork and dwellings, approximately 10 feet apart to
develop attenuation curves.
• Test monitoring at selected points across the Linda Isle access bridge would
complete the initial testing phase of our monitoring and documentation.
Construction Monitoring
• Following the construction of the first few piles, and at various intervals during the
entire pile driving/construction operation, periodic limited measurements and
observations of the Linda Isle buildings should be made including:
5741 Palmer Way, Suite D, Carlsbad CA 92010 WO. S5563 Phone 760-438-3155
Planning Commission - October 02, 2014
Item No. 2b: Additional Materials Received At Meeting
Balboa Marina West Mitigated Negative Declaration (PA2012-103)
GeoSoils Inc. 7
• Vibration monitoring to ensure that subsurface conditions do not amplify
vibrations in unexpected areas, as well as confirmation that the impact energy
settings of the pile driving equipment are properly maintained.
• Observations of seawalls, flatwork, building walls and floors, and exterior
flatwork to identify any changed conditions, with photographs or video as
deemed necessary.
• Evaluation of the wall and ceiling cracks observed in the baseline monitor
photographs and videos.
• Floor level (manometer) measurements at selected points to identify any
interior or exterior movements.
• As the Construction moves closer to the Linda Isle Bridge, periodic readings
and observations should be performed, at least daily, to evaluate vibration
levels, and any distress to the structure or utilities.
Post-Construction Monitoring
• After the Pile driving and construction is completed, additional measurements and
observations of the Linda Isle dwellings and facilities should be made including:
• Photographs and video of the building walls and floors and exterior
flatwork.
• Floor level (manometer) survey of the floor to determine post-construction
levels.
• Measurements of previously existing cracks over doors and ceilings, and
comparison to original readings.
• Surveying of the baseline survey points throughout Linda Isle(by the same
land surveyor who performed the initial surveying).
5741 Palmer Way, Suite D, Carlsbad CA 92010 W.O. S5563 Phone 760-438-3155
Planning Commission - October 02, 2014
Item No. 2b: Additional Materials Received At Meeting
Balboa Marina West Mitigated Negative Declaration (PA2012-103)
GeoSoils Inc. 8
Follow-W Monitoring
• Approximately 1 month after completion of the Marina pile driving, the Post-
Construction monitoring program should be repeated.
It should be the responsibility of the applicant to further develop the testing and monitoring
programs. The type of testing and monitoring programs proposed herein are not
necessarily meant to be complete or comprehensive but rather an outline of some of the
elements that should be included in the applicant's mitigation plans and permit conditions.
Once these programs have been drafted they should be reviewed by this office.
LIMITATIONS
Professional judgements presented herein are based partly on our evaluation of the
technical information gathered, partly on our understanding of the proposed construction,
and partly on our general experience. Our engineering work and judgements have been
prepared in accordance with current accepted standards of engineering practice;we do not
guarantee the performance of the project in any respect. This warranty is in lieu of all
other warranties expressed or implied.
Respectfully Submitted,
GeoSoils Inc.
QPo>F 3sJ
t� No.C 470 7
Exp. #
CIVIL QOP
David W. Skelly, MS FCALF°P
RCE#47857
5741 Palmer Way, Suite D, Carlsbad CA 92010 W.O. S5563 Phone 760-438-3155
Planning Commission - October 02, 2014
Item No. 2b: Additional Materials Received At Meeting
Balboa Marina West Mitigated Negative Declaration (PA2012-103)
GeoSoils Inc.
APPENDIX
REFERENCES
Bellport Group, 2003, Balboa Marina - base plan, prepared by Tetra Tech, Inc., survey
date: October 6, 2003 - October 15, 2003, Agreement no. RP-14060, Sheet C-2,
Drawing name Balboa-Marina, dated November 7.
California Department of Transportation, 2002, `Transportation related earthborne
vibrations (Caltrans experiences)", Technical Advisory, Vibration TAV-02-02-R9601,
dated February 20.
City of Newport Beach, 2007, Mitigated negative declaration, Public review period:
January 5, 2007 to February 7, 2007, Balboa Marina Dock Replace (Permit
Application #2171-2004), 201 E. Coast Highway, dated January 3.
Concept Marine Associates, 2005, Balboa Marina, Proposed reconstruction boat slip
layout, dated January 5.
Wieland Associates, Inc., 2007, Second report addendum regarding the revised site layout
for Balboa Marina, Project file 725-05.01, dated January 3.
, 2006a, Report addendum regarding the revised site layout for Balboa Marina,
dated June 29.
2006b, Environmental noise study for the construction of the proposed
Balboa Marina dock replacement project in the City of Newport Beach, Project
file 725-05.01, dated April 4.
5741 Palmer Way, Suite D, Carlsbad CA 92010 W.O. S5563 Phone 760-438-3155
Planning Commission - October 02, 2014
Item No. 2b: Additional Materials Received At Meeting
Balboa Marina West Mitigated Negative Declaration (PA2012-103)
TAB 3
Planning Commission - October 02, 2014
Item No. 2b: Additional Materials Received At Meeting
Balboa Marina West Mitigated Negative Declaration (PA2012-103)
RESOLUTION NO. 2011-80
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH REVERSING THE DECISION OF THE
PLANNING COMMISSION AND APPROVING CONDITIONAL
USE PERMIT NO. UP2011-007 FOR AN EATING AND DRINKING
ESTABLISHMENT LOCATED AT 333 BAYSIDE DRIVE (PA2011-
041)
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Jeff Reuter, with respect to the property located at 333
Bayside Drive, and legally described as Lot B of Parcel Map Book 16 Page 10
(Resubdivision No. 249), requesting approval of a new conditional use permit.
2. The applicant filed an application requesting a new conditional use permit to extend the
hours of operation granted by Accessory Outdoor Dining Permit No. 2007-001 for an
existing outdoor dining patio from 9:00 a.m. to 9:30 p.m. daily to 9:00 a.m. to 1:00 a.m.
daily. No other changes to the existing restaurant operations were requested or
proposed.
3. The subject property is located within the Commercial Recreational and Marine (CM)
Zoning District and the General Plan Land Use Element category is Recreational and
Marine Commercial (CM).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Recreational and Marine Commercial (CM-A).
5. A public hearing was held on May 19, 2011, in the City Hall Council Chambers, 3300
Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of
the meeting was. given in accordance with the Newport Beach Municipal Code
(NBMC). Evidence, both written and oral, was presented to, and considered by, the
Planning Commission at this meeting.
6. At the May 19, 2011, Planning Commission hearing, the Planning Commission voted
unanimously (5 ayes, 2 excused)to deny the project without prejudice.
7. On May 25, 2011, the Planning Commission's decision to deny Conditional Use Permit
No. UP2011-007 was appealed by City Councilmember Edward Selich. The appeal was
filed to discuss and review the inconsistency of the denial with approval of Outdoor
Dining Permit No. 49 granted to Ristorante Mamma Gina's (now Sol Cocina) adjacent to
the subject property, and to discuss and review the requirement that the operator obtain
an Operator License pursuant to NBMC Chapter 5.25 to allow a higher level of control
over the operation of the existing outdoor dining patio.
Planning Commission - October 02, 2014
Item No. 2b: Additional Materials Received At Meeting
Balboa Marina West Mitigated Negative Declaration (PA2012-103)
City Council Resolution No. 2011-80
3-Thirty-3 Waterfront Restaurant (PA2011-041)
Conditional Use Permit No. UP2011-041
Page 2 of 13
8. A public hearing was held by the City Council on June 28, 2011, in the City Hall Council
Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place
and purpose of the meeting was given in accordance with the Newport Beach
Municipal Code. Evidence, both written and oral, was presented to, and considered by,
the City Council at this meeting.
9. Pursuant to Section 20.64.030.C, the public hearing was conducted "de novo;"
meaning that it was a new hearing and the decision being appealed has no force or
effect as of the date the call for review was filed.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project has been determined to be categorically exempt under the requirements
of the California Environmental Quality Act under Class 1- Existing Facilities.
2. This exemption applies to existing facilities where it can be demonstrated the project
involves no expansion of the existing use. The change in hours of operation does not
involve an expansion of the existing use.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.48.030 of the Newport Beach Municipal Code, the following
finding and facts in support of such finding is set forth:
Finding:
A. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales)
of the Zoning Code.
Facts in Support Finding:
A-1. The project has been reviewed and conditioned to ensure that the purpose and intent
of Section 20.48.030 (Alcohol Sales) of the Zoning Code is maintained and that a
healthy environment for residents and businesses is preserved. The service of
alcoholic beverages is intended for the convenience of customers of the restaurant.
Operational conditions of approval recommended by the Newport Beach Police
Department (NBPD) relative to the sale of alcoholic beverages will ensure compatibility
with the surrounding use and minimize alcohol-related impacts.
A-2. Pursuant to Chapter 5.25 of the NBMC, the project has been conditioned to require
that the applicant, as well as any future operators of the existing eating and drinking
establishment, obtain an Operator License to ensure the establishment is operated in
a safe manner.
Tmp[t:03/08/11
Planning Commission - October 02, 2014
Item No. 2b: Additional Materials Received At Meeting
Balboa Marina West Mitigated Negative Declaration (PA2012-103)
City Council Resolution No. 80
3-Thirty-3 Waterfront Restaurant (PA2011-041)
Conditional Use Permit No. UP2011-041
Page 3 of 13
In accordance with Section 20.20.020 of the Zoning Code, eating and drinking
establishments classified as "Food Service, Late Hours" require the approval of a conditional
use permit within the Commercial Recreational and Marine (CM) Zoning District. In
accordance with Section 20.52.020.E of the Zoning Code, the following findings and facts in
support of such findings are set forth:
Finding:
B. The use is consistent with the General Plan and any applicable specific plan.
Facts in Support of Finding:
B-1 . The Recreational and Marine Commercial (CM) land use designation of the General Plan
is intended to encourage and provide for mutually supportive business and visitor-
serving uses. The operation of a "Food Service, Late Hours" use with alcoholic
beverage sales is consistent with the purpose and intent of this land use designation.
B-2. Food service uses are expected to be located in commercial areas, and are
complementary to the existing commercial and residential uses in the area. Such uses
are frequented by visitors, tenants of the nearby commercial uses, and residents alike.
B-3. The subject property is not part of a specific plan area.
Finding:
C. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Zoning Code and the Municipal Code.
Facts in Support of Finding:
C-1. The subject property is located in the Commercial Recreational and Marine (CM)
Zoning District, and eating and drinking establishments classified as "Food Service,
Late Hours" require the approval of a conditional use permit.
C-2. As conditioned, the project will comply with Zoning Code standards for eating and
drinking establishments. Conditions are included related to on-sale alcoholic beverage
activities, including the training of personnel, and the provision of security personnel
while live entertainment is offered.
C-3. Pursuant to Chapter 5.25 of the NEMC, the project has been conditioned to require the
applicant, and any future operator of the eating and drinking establishment, to obtain
an Operator License from the NBPD in order to maintain operating hours beyond
11:00 P.M.
Tmplt 03/08/11
Planning Commission - October 02, 2014
Item No. 2b: Additional Materials Received At Meeting
Balboa Marina West Mitigated Negative Declaration (PA2012-103)
City Council Resolution No. 80
3-Thirty-3 Waterfront Restaurant (PA2011-041)
Conditional Use Permit No. UP2011-041
Page 4 of 13
Finding:
D. The design, location, size, and operating characteristics of the use are compatible with
the allowed uses in the vicinity.
Facts in Support of Finding:
D-1. The project has been reviewed and conditioned to ensure that potential conflicts with
the surrounding land uses are minimized to the extent possible to maintain a healthy
environment for both residents and businesses.
D-2. Adequate parking is maintained on-site and provided by complimentary valet service
during all hours of operation.
D-3. The location of the valet parking pick-up and drop-off area, and the designated
smoking area, is shielded from the residences by the restaurant building, thereby
mitigating noise impacts from this activity.
D-4. The design and construction materials of the outdoor dining patio prevent excessive
noise from emanating from this area. As conditioned, the sound attenuating windows
are required to be closed from 7:00 p.m. to 8:00 a.m. A condition of approval is
included requiring that recorded music or other types of sound amplification within the
outdoor patio area shall only be audible to the audience within the patio area, and shall
cease after the hour of 10:00 p.m. daily.
Finding:
E. The sitee is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g., fire and
medical) access and public services and utilities.
Facts in Support of Finding:
E-1. This is an existing eating and drinking establishment that has existed in this location
since 1968, and the project site has proven to be physically suitable in size to
accommodate the use.
E-2. The project site is located at the southwest corner of Bayside Drive and East Coast
Highway, and is surrounded by similar commercial uses located to the west, and the
southeast of the use. This is an appropriate location for an eating and drinking
establishment. The use is complementary to the existing commercial uses in the area,
as well as the residential uses located to the south of the project site.
Tmplt 03/08/11
Planning Commission - October 02, 2014
Item No. 2b: Additional Materials Received At Meeting
Balboa Marina West Mitigated Negative Declaration (PA2012-103)
City Council Resolution No. 2011-80
3-Thirty-3 Waterfront Restaurant (PA2011-041)
Conditional Use Permit No. UP2011-041
Page 5 of 13
E-3. The Traffic Engineer has previously reviewed the configuration of the parking lot, as
well as the valet parking plan, and has determined the parking lot design functions
safely and does not prevent emergency vehicle access to the establishment.
E-4. The site is currently served by public services and utilities.
Finding:
F. Operation of the use at the location proposed would not be detrimental to the
harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise
constitute a hazard to the public convenience, health, interest, safety, or general
welfare of persons residing or working in the neighborhood of the proposed use.
Facts in Support of Finding:
F-1.. The project has been reviewed and conditioned to ensure the continued operation of
the existing eating and drinking establishment will not be detrimental to the community.
F-2. An increase in pedestrian and vehicular activity from patrons using the outdoor dining
area during late night and early morning hours may occur. However, impacts from this
increase in activity would be mitigated due to the location of the existing valet parking
pick-up and drop-off area, and the designated smoking area, which are shielded from
residences on Linda Isle by the restaurant building.
F-3. The applicant has operated the existing eating and drinking establishment in this
location since 2004, and has demonstrated the continued willingness and ability to
control noise generated by patrons of the restaurant. The applicant will be required to
obtain an Operator License from the NBPD in order to extend the hours of operation of
the outdoor dining patio to 1:00 a.m. The Operator License will provide for enhanced
control of noise, loitering, litter, disorderly conduct, parking/circulation, and other
potential disturbances resulting from the existing establishment, and will provide the
NBPD with means to modify, suspend, or revoke the operator's ability to maintain late-
hour operations if objectionable condition occur.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The, City Council of the City of Newport Beach hereby approves Conditional Use Permit
No. UP2011-041, reversing the decision of the Planning Commission. Approval of Use
Permit No. UP2011-041 shall be subject to the conditions set forth in Exhibit A, which is
attached hereto and incorporated by reference.
7mpff:03/08111
Planning Commission - October 02, 2014
Item No. 2b: Additional Materials Received At Meeting
Balboa Marina West Mitigated Negative Declaration (PA2012-103)
City Council Resolution No. 2011-80
3-Thirty-3 Waterfront Restaurant (PA2011-041)
Conditional Use Permit No. UP2011-041
Pace 6 of 13
2. This resolution supersedes Use Permit No. 3325 (amended) and Planning
Commission Resolution No. 1724, which upon vesting of the rights authorized by this
Conditional Use Permit No. UP2011-007, shall become null and void.
3. This resolution was approved, passed and adopted at a regular meeting of the City
Council of the City of Newport Beach, held on the 28th day of June, 2011.
MAYOR
ATTEST:
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CITY CLERK
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Planning Commission - October 02, 2014
Item No. 2b: Additional Materials Received At Meeting
Balboa Marina West Mitigated Negative Declaration (PA2012-103)
City Council Resolution No. 80
3-Thirty-3 Waterfront Restaurant (PA2011-041)
Conditional Use Permit No. UP2011-041
Page 7 of 13
EXHIBIT"A"
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
PLANNING
1. The development shelf be in substantial conformance with the approved site plan, floor
plans and building elevations stamped and dated with the date of this approval. (Except
as modified by applicable conditions of approval.)
2. Conditional Use Permit No. 2011-007 shall expire unless exercised within 24 months
from the date of approval as specified in Section 20.54.060 of the Newport Beach
Municipal Code (NBMC), unless an extension is otherwise granted.
3. The hours of operations shall be limited to between 9:00 a.m. and 11:00 p.m. daily,
unless the applicant/operator, including any future operator, secures and maintains an
Operator License issued by the Chief of Police, pursuant to Chapter 5.25 of the NEMC.
In no case shall the inferior portion of the eating and drinking establishment be permitted
to operate beyond the hour of 2:00 a.m. daily. The outdoor dining patio shall not be
permitted to operate beyond the hour of 1:00 a.m., daily.
4. The Outdoor Dining Patio shall be subject to the following requirements:
a. Require the outdoor dining patio to be attenuated to the same sound level
as the main restaurant building when all exterior openings are closed. The
plans for modifying the patio shall be reviewed and certified by an acoustical
engineer as meeting the same sound attenuation levels as the main
restaurant building subject to the review and approval by the Community
Development Director. Subsequent to construction, the installation shall be
tested by an acoustical engineer and certified as to meeting city code noise
standards.
b: Require the applicant to fund a quarterly monitoring test and report by an
acoustical engineer selected by the Community Development Director as to
meeting city codes. The monitoring shall include a minimum of one
Thursday, Friday, or Saturday between the hours of 10:00 p.m. and 1:00
a.m. of operation until the one-year review by the Planning Commission.
The monitoring program shall be subject to the review and approval of the
Community Development Director. At feast one such monitoring test shall
take place during the months of July or August. Code compliance includes
compliance with Municipal Code Chapter 10,26, Community Noise Control,
c. Require that the outdoor patio windows and roof openings be closed at the
currently required time of 7:00 p.m. daily.
d. Extend the outdoor dining patio hours of operation from 9:00 a.m. to 1:00
a_m.
Tmplt 03108/11
Planning Commission - October 02, 2014
Item No. 2b: Additional Materials Received At Meeting
Balboa Marina West Mitigated Negative Declaration (PA2012-103)
City Council Resolution No. 80
3-Thirty-3 Waterfront Restaurant (PA2011-041)
Conditional Use Permit No. UP2011-041
Page 8 of 13
e. Require that the conditional use permit be reviewed by the Planning
Commission one year from the date of this approval to ensure the increased
hours of operation on the outdoor dining patio have not resulted in
detrimental impacts.
5. Alt doors and windows of the interior .of the eating and drinking establishment shall
remain closed at all times except for the ingress and egress of patrons and employees.
6. The Operator License required to be obtained pursuant to Condition No. 3 and Chapter
5.25 may be subject to additional and/or more restrictive conditions to regulate and
control potential late-hour nuisances associated with the operation of the establishment.
7. Full meal service shall be provided and available for ordering at all times the
establishment is open for business.
8. The outdoor dining area shall be used in conjunction with the eating and drinking
establishment. No special events/promotional activities shall be allowed within the area
of the outdoor dining patio.
9. The outdoor dining patio shall be limited to 636 square feet in area.
10. The outdoor dining area shall be limited to a maximum of 37 seats, including disabled
seats/table space. The seating and dining in the outdoor dining patio shall be limited to
dining table height (approximately 30 inches) and the use of the elevated counters and
barstools is prohibited.
11. All employees shall park on on-site.
12. The net public area of the interior portion of the eating and drinking establishment shall
not exceed 2,560 square feet.
13. A minimum of 34 parking spaces shall be provided on-site for the daytime operation of
the eating and drinking establishment Monday through Friday. A total of 64 parking
spaces shall be provided on-site foray otherhours of operation of the establishment (one
parking space for each 40 square feet of net public area).
14. Prior to implementation of the late hours on the outdoor dining patio, the
applicantloperator shall submit a valet parking plan for review and approval by the Public
Works Department and Community Development Department/Planning Division. The
valet parking plan shall demonstrate that adequate on-site parking, vehicular circulation
and pedestrian circulation systems are provided. The valet parking plan shall include the
location of valet parking pick-up and drop-off area so as to be shielded from nearby
residences on Linda Isle by the subject restaurant building in order to minimize the
transmission of noise to Linda isle to the maximum extent feasible. The parking plan
Tmpif:03/08/11
Planning Commission - October 02, 2014
Item No. 2b: Additional Materials Received At Meeting
Balboa Marina West Mitigated Negative Declaration (PA2012-103)
City Council Resolution No. 80
3-Thirty-3 Waterfront Restaurant (PA2011-041)
Conditional Use Permit No. UP2011-041
Page 9 of 13
shall include a waitinglqueuing area for guests dropping off or picking up automobiles
from valet parking and a designated smoking area for patrons of the restaurant.
15. The applicantloperator shall conspicuously post and maintain signs at all outdoor
dining, waiting, smoking and parking areas indicating to patrons the proximity of the
restaurant and public dock and boat slip areas to the residential areas, requesting
patrons be courteous to residential neighbors while outside the establishment.
16. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
17. The applicantloperator shall comply with all federal, state, and local laws. Material
violation of any of those laws in connection with the use may be cause for revocation
of this Conditional Use Permit.
18. The applicantloperator shall maintain-a copy of the most recent City permit conditions of
approval on the premises and shall post a notice that these are available for review on
the premises. The posted notice shall be signed by the permittee.
19. This approval was based on the particulars of the individual case and does not in and
of itself or in combination with other approvals in the vicinity or Citywide constitute a
precedent for future approvals or decisions.
20. This Conditional Use Permit may be modified or revoked by the City Council or
Planning Commission should they determine that the proposed uses or conditions
under which it is being operated or maintained is detrimental to the public health,
welfare or materially injurious to property or improvements in the vicinity or if the
property is operated or maintained so as to constitute a public nuisance.
21. Approval of Conditional Use Permit No. 2011-007 is for the operation of an eating and
drinking establishment defined as "Food Service, Late Hours" per Title 20 of the
NBMC, and does not permit or authorize the use or operation of a bar, tavern, cocktail
lounge, nightclub or commercial recreational entertainment venue.
22. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require an amendment to this Conditional Use Permit or the
processing of a new Conditional Use Permit.
23. The type of alcoholic beverage license issued by the California Board of Alcoholic
Beverage Control shall be a Type 47 in conjunction with the service of food as the
principal use of the facility. Any upgrade in the alcoholic beverage license shall be
subject to the approval of an amendment to this application, and may require the
approval of the Planning Commission.
Tmplt:03/08/11
Planning Commission - October 02, 2014
Item No. 2b: Additional Materials Received At Meeting
Balboa Marina West Mitigated Negative Declaration (PA2012-103)
City Council Resolution No. 80
3-Thirty-3 Waterfront Restaurant (PA2011-041)
Conditional Use Permit No. UP2011-041
Page 10 of 13
24. All landscaped areas shall be maintained in a healthy and growing condition and shall
receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be
kept free of weeds and debris. All irrigation systems shall be kept operable, including
adjustments, replacements, repairs, and cleaning as part of regular maintenance.
25. Water should not be used to clean paved surfaces such as sidewalks, driveways,
parking areas, etc, except to alleviate immediate safety or sanitation hazards.
26. The washing of the outdoor dining patio with any cleaning solutions or the use of high
pressure or steam cleaning devices is prohibited.
27. Lighting shall be in compliance with applicable standards of the Zoning Code. The site
shall not be excessively illuminated based on the luminance recommendations of the
Illuminating Engineering Society of North America, or, if in the opinion of the
Community Development Director, the illumination creates an unacceptable negative
impact on surrounding land uses or environmental resources. The Community
Development Director may order the dimming of light sources or other remediation
upon finding that the site is excessively illuminated.
28. All noise generated by the existing eating and drinking establishment use shall comply
with the provisions of Chapter 10.26 and other applicable noise control requirements
of the Newport Beach Municipal Code. The maximum noise shall be limited to no more
than depicted below for the specified time periods unless the ambient noise level is
higher:
Between the hours of Between the hours of
7:00 a.m. and 10:00 p.m. 10:00 p.m. and 7:00
a.m.
Measured at the property line of
commercially zoned property: 65 dBA 60 dBA
Measured at the property line of
residentially zoned property: 55 dBA 50 dBA
Measured in the interior of a 45 dBA 40 dBA
residential structure
29. The applicant shall retain a qualified engineer specializing in noiselacoustics to
monitor the sound generated by the outdoor dining activity to insure compliance with
these conditions, if required by the Community Development Director.
30. The applicant/operator of the facility shall be responsible for and shall actively control
any noise generated by the subject facility including, but not limited to, noise
generated by patrons, food service operations, and mechanical equipment.
31. Should the property be sold or otherwise come under different ownership, any future
7mpit ON08111
Planning Commission - October 02, 2014
Item No. 2b: Additional Materials Received At Meeting
Balboa Marina West Mitigated Negative Declaration (PA2012-103)
City Council Resolution No. 80
3-Thirty-3 Waterfront Restaurant (PA2011-041)
Conditional Use Permit No. UP2011-041
Page 11 of 13
owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner or the leasing agent.
32. No live entertainment shall be allowed in the interior of the eating and drinking
establishment unless the operator has first obtained a permit from the City.
33. No outside paging system or loudspeaker device shall be used in conjunction with this
establishment.
34. No live entertainment shall be permitted in the outdoor dining area. Recorded music or
other types of sound amplification within the outdoor dining area shall only be audible to
the audience within this area, and shall cease after the hour of 10:00 p.m.. daily.
35. No dancing shall be allowed on the premises of the eating and drinking establishment.
36. The applicant/operator shall provide licensed security personnel while offering live
entertainment. A comprehensive security plan for the permitted uses shall be submitted
for review and approval by the Newport Beach Police Department (NBPD). The
procedures included in the plan and any recommendations made by the NBPD shall be
implemented and adhered to for the life of the Conditional Use Permit.
37. All trash shall be stored within the building or within dumpsters stored in the trash
enclosure (three walls and a self-latching gate) or otherwise screened from view of
neighboring properties, except when placed for pick-up by refuse collection agencies.
The trash enclosure shall have a decorative solid roof for aesthetic and screening
purposes.
38. Trash receptacles for patrons shall be conveniently located both inside and outside of
the establishment, however, not located on or within any public property or right-of-
way.
39. The exterior of the business shall be maintained free of litter and graffiti at all times. The
owner or operator shall provide for daily removal of trash, litter debris and graffiti from the
premises and on all abutting sidewalks within 20 feet of the premises.
40. The applicant/operator shall ensure that the trash dumpsters and/or receptacles are
maintained to control odors. This may include the provision of either fully self-
contained dumpsters or periodic steam cleaning of the dumpsters, if deemed
necessary by the Code Enforcement Division. Cleaning and maintenance of trash
dumpsters shall be done in compliance with the provisions of Title 14, including all
future amendments (including Water Quality related requirements).
41. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Community
Development Director, and may require an amendment to this Use Permit.
Tmplt:ON08111
Planning Commission - October 02, 2014
Item No. 2b: Additional Materials Received At Meeting
Balboa Marina West Mitigated Negative Declaration (PA2012-103)
City Council Resolution No. 80
3-Thirty-3 Waterfront Restaurant (PA2011-041)
Conditional Use Permit No. UP2011-041
Page 12 of 13
42. Storage outside of the building in the front or at the rear of the property shall be
prohibited, with the exception of the required trash container enclosure.
43. A Special Events Permit is required for any event or promotional activity outside the
normal operational characteristics of the approved use, as conditioned, or that would
attract large crowds, involve the sale of alcoholic beverages, include any form of on-
site media broadcast, or any other activities as specified in the Newport Beach
Municipal Code to require such permits.
44. Kitchen exhaust fans shall be installed/maintained in accordance with the Uniform
Mechanical Code. The issues with regard to the control of smoke and odor shall be
directed to the South Coast Air Quality Management District.
45. All exists shall remain free of obstructions and available for ingress and egress at all
times.
46. Strict adherence to maximum occupancy limits is required.
47. The use of private (enclosed) "VIP" rooms or any other temporary or permanent
enclosures separate from public areas are prohibited.
48. All owners, managers and employees selling, serving or giving away alcoholic
beverages shall undergo and successfully complete a certified training program in
responsible methods and skills for selling alcoholic beverages. The certified program
must meet the standards of the California Coordinating Council on Responsible
Beverage Service or other certifying/licensing body, which the State may designate.
The establishment shall comply with the requirements of this section within 180 days
of the issuance of the certificate of occupancy. Records of each owner's, managers
and employee's successful completion of the required certified training program shall
be maintained on the premises and shall be presented upon request by a
representative of the City of Newport Beach.
49. Any event or activity staged by an outside promoter or entity, where the restaurant
owner or his employees or representatives share in any profits, or pay any percentage
or commission to a promoter or any other person based upon money collected as a
door charge, cover charge or any other form of admission charge, including minimum
drink orders or sale of drinks is prohibited.
50. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the license.
51. No "happy hour' type of reduced price alcoholic beverage promotion shall be allowed
except in conjunction with food service available from the full service menu. There
shall be no reduced price alcoholic beverage promotion after 9:00 p.m.
TmpIC 03108/11
Planning Commission - October 02, 2014
Item No. 2b: Additional Materials Received At Meeting
Balboa Marina West Mitigated Negative Declaration (PA2012-103)
City Council Resolution No. 80
3-Thirty-3 Waterfront Restaurant (PA2011-041)
Conditional Use Permit No. UP2011-041
Pace 13 of 13
52. "VIP" passes or other passes to enter the establishment, as well as door charges, cover
charges, or any other form of admission charge, including minimum drink order or sale of
drinks is prohibited.
53. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of
food and retail sales during the same period. The licensee shall maintain records that
reflect separately the gross sale of food and the gross sales of alcoholic beverages of
the licensed business. Said records shall be kept no less frequently than on a quarterly
basis and shall be made available to the NBPD on demand.
54. No on-site radio, television, video, film or other media broadcasts from the establishment
that includes the service of alcoholic beverages shall be permitted without first obtaining
an approved Special Event Permit issued by the City. This prohibition of media
broadcasts includes recordings to be broadcasted at a later time.
55. All signs shall be in conformance with the provisions of Chapter 20.42 of the Newport
Beach Municipal Code.
56. There shall be no exterior advertising or signs of any kind or type, including advertising
directed to the exterior from within, promoting or indicating the availability of alcoholic
beverages. Interior displays of alcoholic beverages or signs that are clearly visible to
the exterior shall constitute a violation of this condition.
57. No games or contests requiring or involving the consumption of alcoholic beverages shall
be permitted.
58. To the fullest extent permitted by law, applicant/operator shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers, employees,
and agents from and against any and all claims, demands, obligations, damages,
actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including without limitation, attorney's fees, disbursements and court costs)of
every kind and nature whatsoever which may arise from or in any manner relate (directly
or indirectly) to City's approval of the 3-Thirty-3 Waterfront Restaurant including, but not
limited to, the Use Permit No. 2011-007. This indemnification shall include, but not be
limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and
other expenses incurred in connection with such claim, action, causes of action, suit or
proceeding whether incurred by applicant/operator, City, and/or the parties initiating or
bringing such proceeding. The applicant/operatbr shall indemnify the City for all of City's
costs, attorneys' fees, and damages which City incurs in enforcing the indemnification
provisions set forth in this condition. The applicantloperator shall pay to the City upon
demand any amount owed to the City pursuant to the indemnification requirements
prescribed in this condition.
Tmplt QW06111
Planning Commission - October 02, 2014
Item No. 2b: Additional Materials Received At Meeting
Balboa Marina West Mitigated Negative Declaration (PA2012-103)
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby
certify that the whole number of members of the.City Council is seven;that the foregoing resolution,
being Resolution No. 2011-80 was duly and regularly introduced before and adopted by the City
Council of said City at a regular meeting of said Council, duly and regularly held on the 28th day of
June, 2011,and that the same was so passed and adopted by the following vote,to wit:
Ayes: Hill, Rosansky, Selich,Daigle,Mayor Henn
Noes: Gardner, Curry
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 29th day of June, 2011.
City Clerk
Newport Beach, California
(Seal)
I
V
Planning Commission - October 02, 2014
Item No. 2b: Additional Materials Received At Meeting
Balboa Marina West Mitigated Negative Declaration (PA2012-103)
TAB 4
Planning Commission - October 02, 2014
Item No. 2b: Additional Materials Received At Meeting
Balboa Marina West Mitigated Negative Declaration (PA2012-103)
FINAL ENVIRONMENTAL IMPACT •
BACK BAY LANDING PROJECT
CITY OF NEwpoRT •
PCR
FEBRUARY 2014
Planning Commission - October 02, 2014
Item No. 2b: Additional Materials Received At Meeting
Balboa Marina West Mitigated Negative Declaration (PA2012-103)
October 2013 2. Project Description
a. Within Planning Area 1,a single coastal public view tower, or similar structure,that includes public
access to a functioning public viewing platform would be developed at a maximum height of 65 feet.
b. Within Planning Area 1, maximum allowable height for any parking structure would not exceed 30
feet for flat roofs and 35 feet for sloped roofs.
c. Maximum allowable building height within Planting Area 2 would not exceed 26 feet for flat roofs
and 31 feet for sloped roofs.
d. Within Planning Area 4, maximum allowable building height would not exceed 20 feet for flat roofs
and 25 feet for sloped roofs.
e. All other exceptions to height would be regulated pursuant to Section 20.30.060.D of the Newport
Beach Municipal Code.
It should be noted that the grade elevation for the purposes of measuring building height would be measured
from the established baseline elevation of either 11 feet or 14 feet (per the NAVD 88 vertical datum) above
mean sea level within Planning Area 1,as illustrated in Figure 2-6. Within Planning Areas 2 and 4,building
height would be measured from the established baseline elevation of 12 feet(per NAVD 88) above mean sea
level.
(3) Residential Units
Development standards for residential units within a future mitred-use development on-site include
requirements for common and private open space, a ground-floor non-residential only requirement for 50
percent of units, sound reduction requirements, and buffering and screening requirements. The PCDP's
residential development standards are further discussed below.
(a) Open Space
(i) Common Open Space
A minimum of 75 square feet per dwelling would be provided for common open space (e.g., pool, patio,
decking,and barbecue areas,common meeting rooms,etc.),and the minimum dimension (length and width)
would be 15 feet. The common open space areas would be separated from non-residential uses on the site
and would be sited and designed to limit intrusion by non-residents and customers of non-residential uses.
However, sharing of common open space may be allowed, subject to Site Development Review, when it is
clear that the open space will provide a direct benefit to project residents. Common open space uses may be
provided on rooftops for use only by project residents.
(ii) Private Open Space
Five percent of the gross floor area for each unit would be provided as private open space,with the minimum
dimension (length and width) being six feet. The private open space would be designed and located to be
used by individual units (e g.,patios,balconies,etc.).
City of Newport Beach Back Bay Landing
PLA Services Corpoatlon/SCH No.2012101003
2-19
Planning Commission - October 02, 2014
Item No. 2b: Additional Materials Received At Meeting
Balboa Marina West Mitigated Negative Declaration (PA2012-103)
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Planning Commission - October 02, 2014
Item No. 2b: Additional Materials Received At Meeting
Balboa Marina West Mitigated Negative Declaration (PA2012-103)
TAB 5
Planning Commission - October 02, 2014
Item No. 2b: Additional Materials Received At Meeting
Balboa Marina West Mitigated Negative Declaration PA2012-103)
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