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HomeMy WebLinkAboutPC2024-002 - APPROVING A MAJOR SITE DEVELOPMENT REVIEW AND COASTAL DEVELOPMENT PERMIT TO ALLOW THE DEMOLITION OF AN EXISTING PUMP STATION BUILDING AND CONSTRUCTION OF A NEW PUMP STATION AND ASSOCIATED FORCE MAINS FOR THE PROPERTY LOCATED AT 250 EAST COASRESOLUTION NO. PC2024-002 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA APPROVING A MAJOR SITE DEVELOPMENT REVIEW AND COASTAL DEVELOPMENT PERMIT TO ALLOW THE DEMOLITION OF AN EXISTING PUMP STATION BUILDING AND CONSTRUCTION OF A NEW PUMP STATION AND ASSOCIATED FORCE MAINS FOR THE PROPERTY LOCATED AT 250 EAST COAST HIGHWAY (PA2023-0076) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Orange County Sanitation District (“Applicant”), with respect to property located at 250 East Coast Highway, and legally described as Parcel 1 of Document Recorded in Book 7661, Page 741 of Official Records, as well as land acquired from the adjacent parcel (see Exhibit “A” for full legal description) (“Property”). The Property is operated by the Applicant with an existing 4,800-square-foot pump station, known as the Bay Bridge Pump Station, which is a part of its wastewater collection system. Additionally, the proposed project includes temporary construction staging area at Lower Castaways Park at 100 Dover Drive, legally described as Lot 1 of Tract 1125 (“Staging Area”). 2. The Applicant requests a major site development review and coastal development permit for the following: a. The demolition of an existing pump station and construction a new pump station (total of approximately 7,500 square feet) that includes a new underground pump room (3,616 square feet), electrical room (1,175 square feet), odor control facility (1,781 square feet), and a generator room (672 square feet); b. The installation of new, 25-inch dual force mains by micro-tunneling beneath East Coast Highway from the Project across the Newport Bay Channel, to a new valve vault located below grade in the public right-of-way at the southeast corner of the intersection of West Coast Highway and Dover Drive; and c. The temporary use of a portion of the City-owned Lower Castaways Park as a construction staging yard. The Applicant proposes to use approximately 18,000 square feet of the southwest corner of Lower Castaways Park, which is to be fenced and screened. This allows the Applicant to temporary locate office trailers, stage and store construction equipment and materials, and provide vehicle parking (“Project”). The Project is subject to review and permitting approval by numerous agencies including the Orange County Sanitation District, Caltrans, California Coastal Commission (“CCC”), California State Lands Commission, California Department of Fish and Wildlife, National Planning Commission Resolution No. PC2024-002 Page 2 of 28 Marine Fisheries Service, United States Army Corps of Engineers, Santa Ana Regional Water Quality Control Board, private property owners, and the City. Since a significant portion of the new force mains are proposed to be constructed in tidelands and in CCC permit jurisdiction, the Applicant must obtain a separate coastal development permit from the CCC. All portions of the Project located in the City’s permitting jurisdiction, including the Property and Staging Area, are located within the coastal zone and therefore, the Project requires a coastal development permit. 3. The Property is designated Mixed-Use Water 2 (MU-W2) by the General Plan Land Use Element and is located within the Back Bay Landing Planned Community (PC-9) Zoning District. The Staging Area is designated Recreational and Marine Commercial (CM) by the General Plan Land Use Element and is located in the Castaways Marina Planned Community (PC-37) Zoning District. 4. The Property is located within the coastal zone. The Coastal Land Use Plan (“CLUP”) designation is Mixed-Use Water Related (MU-W) and is located within the Back Bay Landing Planned Community (PC-9) Coastal Zoning District. The Staging Area is also located in the coastal zone, is designated as Recreational and Marine Commercial (CM- A) – (0.0 – 0.30 FAR) by the CLUP and is located within the Castaways Marina Planned Community (PC-37) Coastal Zoning District. 5. While the existing property is 4,879 square feet in area, OCSD is acquiring an additional 9,713 square feet of land from the adjacent property at 100 Bayside Drive, which is the site of the future Back Bay Landing Mixed-Use Village. The acquisition, which is for the purpose of constructing a larger pump station facility, is a result of an eminent domain case wherein OCSD has secured an order of immediate possession, and therefore expands the Property to a total area of 14,592 square feet. A lot line adjustment is not required, as OCSD will record a final order of condemnation at the end of the eminent domain case, which will have the effect of creating the new parcel boundaries and be recorded with the County Assessor’s Office. 6. A public hearing was held on January 18, 2024, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the hearing was given in accordance with California Government Code Section 54950 et seq. (“Ralph M. Brown Act”) and Chapters 20.62 and 21.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. Pursuant to Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, when an Environmental Impact Report (“EIR”) has been certified for a project, no subsequent EIR is required unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: Planning Commission Resolution No. PC2024-002 Page 3 of 28 a. Substantial changes are proposed in the project which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; b. Substantial changes occurred with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or c. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable due diligence at the time the previous EIR was certified as complete, shows any of the following: i. The project will have one or more significant effects not discussed in the previous EIR; ii. Significant effects previously examined will be substantially more severe than shown in the previous EIR; iii. Mitigation measures or alternatives previously found not to be feasible would, in fact, be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or iv. Mitigation measures or alternatives which are considerable different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. 2. In February of 2021, the Applicant approved the Bay Bridge Pump Station and Force Mains Replacement Project (Project No. 5-67) and certified an EIR for Project No. 5-67 which is attached hereto as Exhibit “B,” and incorporated herein by reference. On April 1, 2021, Bayside Village Marina filed a Verified Petition for Writ of Mandate against the Applicant in Orange County Superior Court alleging that the EIR failed to comply with CEQA on numerous grounds (Orange County Superior Court Case No. 30-2021- 01194238.) On December 16, 2022, the Court issued a ruling that upheld the EIR in all respects except the construction staging for the project and thereby issued a limited writ directing OC San to sufficiently identify project construction staging areas which is attached hereto as Exhibit “C,” and incorporated herein by reference. 3. In response to the Court ruling, OC San has prepared an Addendum to the EIR for the Bay Bridge Pump Station and Force Mains Replacement Project (“Addendum”), attached hereto as Exhibit “D,” and incorporated herein by reference which was certified by OC Sanitation District Board on July 23, 2023. Specifically, the Addendum clarifies the use of the Lower Castaways Park in the City as a construction staging area and adds a new construction staging area at OC Sanitation District’s Plant No. 2, located in the City of Huntington Beach, for soil storage/drying activities and determines that Planning Commission Resolution No. PC2024-002 Page 4 of 28 Project No. 5-67, as modified by the Addendum, would not result in any new significant impacts or a substantial increase in the severity of previously identified significant impacts in accordance with Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines. No additional legal challenges to the Addendum were brought and Bayside Marina Village and OCSD filed a Stipulation Discharging the Peremptory Writ of Mandate and Dismissing Orange County Superior Court Case No. 30-2021-01194238, attached hereto as Exhibit “E,” and incorporated herein by reference, on August 8, 2023. Therefore, the Addendum is final is determined to comply with CEQA. SECTION 3. REQUIRED FINDINGS. Major Site Development Review In accordance with Subsection VII (C) (Back Bay Landing PCDP Implementation/Site Development Review – Findings) of the NBMC, the following findings and facts in support of such findings are set forth for the Project: Finding: A. The development shall be in compliance with the General Plan, Coastal Land Use Plan, Back Bay Landing Planned Community Development Plan, including design guidelines, and any other applicable plan or criteria related to the development. Facts in Support of Finding: 1. The Property is categorized as Mixed-Use Water 2 (MU-W2) by the General Plan Land Use Element, which is applied to waterfront locations in which marine related uses may be intermixed with buildings that provide residential on the upper floors. For nonresidential buildings, the MU-W2 has a maximum floor area to land ratio (“FAR”) of 0.5. The Property is 14,592 square feet in area and the Project is 7,244 square feet, resulting in a FAR of 0.49. Additionally, the Property is a part of Anomaly 80 of the General Plan Land Use Plan. Anomaly 80 includes the Property as well as 100 Bayside Drive, which is the site of the future Back Bay Landing mixed-use village project and sets a development limit of 131,290 square feet for nonresidential development within the Anomaly. PC-9 sets additional nonresidential development limits for the future Back Bay Landing development, which is 61,534 square feet for commercial and 32,500 square feet for dry stack boat storage, for a total of 94,034 square feet of future nonresidential development. The addition of the 7,244-square-foot pump station results in a total of 101,278 square feet, which is within the development limit of Anomaly 80. The Project is a replacement of an existing pump station, which has existed at the Property since 1966, and provides essential infrastructure to adjacent neighborhoods. 2. The Property is categorized as Mixed-Use Water Related (MU-W) by the Coastal Land Use Plan, which is intended to provide for commercial development on or near the bay in a manner that will encourage the continuation of coastal dependent and coastal- related uses and visitor-serving uses, as well as allow for the development of mixed-use Planning Commission Resolution No. PC2024-002 Page 5 of 28 structures with residential uses above the ground floor. For nonresidential buildings, the MU-W has a maximum FAR of 0.5. Additionally, CLUP Policy 2.1.9.1 limits the maximum floor area to what is established in General Plan Land Use Element Anomaly 80, as discussed in Fact A.1 above. 3. The Property is located in the Back Bay Landing Planned Community (PC-9) Zoning and Coastal Zoning District. Specifically, the Property is categorized by PC-9 as Planning Area 1 (Mixed-Use Area) where a wastewater pump station is a permitted use. Per Section 2 of PC-9 (Development Limits and Land Use Plan), the Orange County Sanitation District wastewater pump station shall not be counted towards square footage development limits of the PC. Per Section 3 of PC-9 (Permitted Uses), the initial construction of any new structure, or the significant reconstruction or major addition to an existing structure requires a Site Development Review pursuant to Section VII of PC- 9. 4. Per Section IV (B) (Development Standards – Permitted Height of Structures), the maximum building height within Planning Area 1 shall not exceed 30 feet for flat roofs and 35 feet for sloped roofs. The height of the buildings is measured from a baseline elevation of 14 feet NAVD 88, as required by Exhibit 3 of PC-9. The proposed electrical and generator building features a sloped roof design with parapet walls which is 22 feet. The proposed odor control building features a flat roof design with parapet walls which is 15.5 feet. All proposed buildings comply with the required height requirements of PC- 9. 5. Per Section IV (A) (Development Standards – Setback Requirements), a minimum 10- foot landscape buffer is required to be provided to the back of sidewalk. Additionally, in Section IV (E) (Development Standards – Landscaping), a detailed landscape and irrigation plan is required which demonstrates compliance with applicable landscaping requirements specified in the NBMC. Furthermore, landscaped areas shall only consist of native plants or non-native drought tolerant plants which are non-invasive. Per Section A.4.d of Section IV, encroachments may be permitted through a Site Development Review. While the Project provides a 10-foot landscaping buffer on a small portion of the East Coast Highway frontage, the remaining landscape along East Coast Highway varies between approximately 9 feet and 6 feet in depth. However, the proposed landscaping meets the intent of PC-9, which includes reflecting the Project’s coastal marine location, providing creative plant combinations, installing a highly efficient irrigation system, and preserving and enhancing view corridors. The Project includes low-water, drought tolerant plants which includes a mixture of deer grass, slipper plant, foxtail agave, and red yucca plant types located at the East Coast Highway frontage of the Project. Since the Project includes property line walls along East Coast Highway for security purposes, the proposed landscape is appropriate to break up the mass of the walls and improve the overall aesthetics of the project as viewed from East Coast Highway. The proposed plants are relatively low profile in height and will not diminish any view corridors as identified in PC-9. Finding: Planning Commission Resolution No. PC2024-002 Page 6 of 28 B. The development shall not be incompatible with the character of the neighboring uses and surrounding sites. Facts in Support of Finding: 1. The Property is located on East Coast Highway between Bayside Drive and the Bay Bridge. Adjacent to the Property is the Bayside Village Marina, which is adjacent to the Property and includes visitor serving uses and a recreational vehicle storage parking lot. This adjacent property is intended to be developed with a future mixed-use waterfront village in accordance with PC-9. Additional surrounding uses include the Bayside Village Mobile Home Park to the north and east across Bayside Drive, a restaurant and the Balboa Marina to the south across East Coast Highway, and various commercial uses to the southeast including a gas station, shopping center, and automobile dealerships. 2. The existing Bay Bridge Pump Station structure was constructed in 1966, and consequently upgraded with new pumps, piping, and ventilation in 1995. In 2014, an additional pump was added for increased capacity and reliability. The existing pump station is over 50 years old and requires replacement to serve the city, which pumps wastewater flow generated by residents and businesses west of Newport Bay, including Balboa Island and Crystal Cove. The pump station receives wastewater from a pump station in Crystal Cove, and pumps wastewater to another treatment facility located in the City of Huntington Beach. The proposed pump station has modernized architecture which improves the neighborhood aesthetics. 3. The construction of replacement force mains located on the western side of the Bay Bridge is not incompatible with neighboring uses, which includes the Bayshore Apartments to the south, a boat marina directly east, and the end of the Bay Bridge to the north. The construction of a new vault to house the force mains is a necessary part of the pump station. The new force mains are an upgrade to aging infrastructure that will better serve the surrounding area and is screened from public view within an existing vault. The existing vault, which is located on both the public right-of-way and private property, is to be abandoned in place. The public right-of-way area where the new vault is proposed includes new landscaping to further enhance the area for pedestrians, motorists, and nearby residents. Finding: C. The development shall be sited and designed to maximize the aesthetic quality of the project as viewed from surrounding roadways, properties, and waterfront, with special consideration given to providing a variety of building heights, massing, and architectural treatments to provide public views through the site. Facts in Support of Finding: 1. Fact 4 in support of Finding A is hereby incorporated by reference. Planning Commission Resolution No. PC2024-002 Page 7 of 28 2. Section 5 (Design Guidelines) of PC-9 provide guidelines intended to express the desired character of the future mixed-use waterfront village that helps achieve overall consistency of architectural quality. The Project is designed with a coastal architectural theme, incorporating a modern design with a cantilevered roof overhang and an integration of materials and details inspired by the surrounding coastal context. The buildings avoid long, continuous blank walls with a simple façade composition of a base and top separated by different colors. There is a mixture of heights and roof types (sloping and flat) to create visual interest, as well as provide rhythm, dynamic building forms, and shadows. 3. While the Project is aesthetically pleasing as a standalone development, it has been designed per PC-9 design guidelines so that it would be visually consistent with the future Back Bay Landing mixed-use village. Per Section 5.D.10, the building exterior will be aesthetically improved with entirely new buildings and perimeter walls to reflect PC- 9 design standards. The Project considers future residents, businesses, and patrons of the Back Bay Landing mixed-use village by including louvers which are designed to conceal the odor control facility, and screening for on-site mechanical equipment. 4. The Project includes structures that are 22 feet and 15.5 feet tall. While it is taller and larger in area than the existing pump station, is not out of scale with the surrounding uses. The architectural design utilizes a cantilevered roof overhang with a low profile and integrates materials and details which are consistent with surrounding coastal uses. The design includes a variety of colors and finishes such as stone and stucco which reduces the bulk and scale of the building façade. 5. Landscaping is proposed along the East Coast Highway frontage, which further reduces the massing of the property walls. The landscape buffer also enhances the appearance of the public right-of-way so that the Project does not appear walled off from public viewsheds. The landscape buffer will improve the overall aesthetic of the Project from East Coast Highway, which is identified as a coastal view road by the CLUP. 6. The Project is designed to maintain the six view corridors identified by PC-9 which are to be preserved. The existing view of the Back Bay bluff to the north of the Project, as well as views of the bay through other portions of the future Back Bay Landing, are not obstructed by the Project. Finding: D. Site plan and layout of buildings, parking areas, pedestrian and vehicular access ways, landscaping and other site features shall give proper consideration to functional aspects of site development. Facts in Support of Finding: 1. The Property is located on East Coast Highway between Bayside Drive and the Bay Bridge. This adjacent property is the site of the future Back Bay Landing project, which is a mixed-use waterfront village which has not yet been constructed. Currently, Planning Commission Resolution No. PC2024-002 Page 8 of 28 vehicular access to the existing pump station is through a curb cut on East Coast Highway, followed by gates that are opened for vehicles to access. The existing access is challenging due to traffic on East Coast Highway and the necessity for vehicles to drive across the public right-of-way. While an access gate will remain adjacent to East Coast Highway, it will be used only for when access at the Bayside Drive entrance is temporarily hindered. To improve access, the Applicant proposes access through a permanent access easement taken through Bayside Drive and into the Back Bay Landing property at 100 Bayside Drive. 2. The overall layout of structures is efficiently arranged on a constrained lot and is designed to accommodate service vehicle access and maneuvering requirements. 3. Fact 5 in support of Finding A is hereby incorporated by reference. Finding: E. The development shall 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 development. Facts in Support of Finding: 1. The Project provides essential infrastructure to the surrounding community for waste management and a pump station has existed in this location for many decades. Orange County Sanitation District has aging infrastructure throughout the City and it is typical for utilities such as the Project to be replaced and upgraded. The Project improves an existing pump station, which serves the overall community as part of a larger wastewater collection system. 2. The Project includes an odor control room, which is included to mitigate odors from the Property. The odor control room includes treatment for both liquid and vapor phase waste. 3. The Project uses equipment with lower noise. The highest noise producer of the Project is the standby generator, which is to be used in emergency situation if there is a power outage. The generator is proposed to be enclosed in a building with sound attenuation panels and is not expected to negatively affect surrounding uses. 4. The Applicant has provided a Site Photometric Plan and Lighting Plans which describe the Project’s lighting around the Property. There are lights proposed to be attached to the Electrical Room, Generator Room, and Odor Control Area, with minimal lighting around the interior of the perimeter security walls. The Project’s lighting is conditioned to comply with the outdoor lighting standards of the NBMC and will not negatively affect surrounding uses. As conditioned, the Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. Planning Commission Resolution No. PC2024-002 Page 9 of 28 5. If the pump station facility were to fail, sewage would build up in upstream sewers and could result in an overflow from the lowest elevation manhole upstream from the Property. Furthermore, backups and/or spills could occur at specific residences or businesses that have sewer laterals lower than the lowest elevation manhole. If the force mains in the bay were to fail, a sewage spill could occur into the bay. The Project seeks to upgrade the existing pump station and provide improvements to an existing utility which serves a large portion of the city. Coastal Development Permit In accordance with Subsection 21.52.015(F) (Coastal Development Permits - Findings and Decision) of the NBMC, the following findings and facts in support of such findings as set forth: Finding: H. Conforms to all applicable sections of the certified Local Coastal Program. Facts in Support of Finding: 1. Facts 2 through 5 in support of Finding A are hereby incorporated by reference. 2. Facts 1 and 2 in support of Finding B are hereby incorporated by reference. 3. A Coastal Hazards Report and Sea Level Rise Analysis was prepared by Arcadis U.S., Inc. dated October 1, 2023, for the Project. The current maximum bay water elevation is 7.7 NAVD 88 (North American Vertical Datum of 1988 (NAVD88) Based on the State of California’s Sea Level Rise Guidance, the sea level rise for the Los Angeles region is 6.6 feet NAVD 88, under the H++ scenario. Since the life expectancy of the new pump station is approximately 50 years, the 6.6-foot sea level rise for the year 2080 is appropriate to use for evaluation of the Project. Therefore, the sea level is estimated to reach approximately 14.3 feet NAVD88 (7.7 + 6.6 feet NAVD 88). The finished floor elevation of the electrical room and entrance to the dry well is 15.5 feet, which provides more than adequate protection from sea level rise. The generator room has a finished floor elevation of 14.17 feet. While slightly under the 14.3-footsea level rise elevation projection, the generator is proposed to be mounted on a 2-foot-high fuel tank and the generator panels will be mounted 3.5 feet above the finished floor, which will provide adequate protection from flooding. For the Odor Control area, there is a proposed finished floor elevation of 14 feet. Equipment within the area is proposed to be mounted on pads higher than 14.3 feet NAVD 88, to protect from cases of flooding. Additionally, temporary flood barriers such as sandbags can be deployed for openings during flooding situations. Finally, the Applicant is proposing to waterproof a portion of the Odor Control area’s block walls to provide additional protection from flooding. 4. The Project includes the construction of upgraded replacement force mains, which run from the Property onto the western side of the Bay Bridge through micro-tunneling. The new force mains are an upgrade to aging infrastructure that will better serve the surrounding area and is screened from public view within an existing vault. The existing Planning Commission Resolution No. PC2024-002 Page 10 of 28 vault, which is located on both the public right-of-way and private property, is to be abandoned in place. The public right-of-way area where the new vault is proposed includes new landscaping to further enhance the area for pedestrians, motorists, and nearby residents. 5. The Applicant submitted a Construction Management Plan (“CMP”) prepared by Arcadis U.S., Inc., dated October 2023, which documents the construction phase implementation, construction requirements and quality control, and traffic control associated with the construction of the Project. The CMP discusses construction easements at the Property for construction access as well as offsite staging areas at Lower Castaways Park and the Orange County Sanitation District Plant No. 2 in Huntington Beach. A Temporary License Agreement was approved by City Council on September 12, 2023, allowing for the siting of office trailers, temporary staging and storage of construction equipment and materials, and the parking of vehicles to support the Project during construction. The agreement is for a limited basis only and includes a term until December 31, 2028, or the completion of the Project, whichever first occurs. The CMP also includes a Traffic Control Plan which includes closing of necessary sidewalks during construction hours and re-opening during non-working hours. The Traffic Control Plan has been reviewed by the City’s Public Works department and has been determined to be sufficient to minimize traffic impacts during the construction period. 6. The Property is located in an area known for the potential of seismic activity and liquefaction and is required to comply with the California Building Code (“CBC”) and City’s Building Division standards and policies. Geotechnical investigations specifically addressing liquefaction are required to be reviewed and approved prior to the issuance of building permits. Permit issuance is also contingent on the inclusion of design mitigation identified in the investigations. Construction plans are reviewed for compliance with approved investigations and CBC requirements prior to building permit issuance. 7. The Property is located on East Coast Highway between Bayside Drive and the Back Bay Bridge. East Coast Highway and Bayside Drive (south of East Coast Highway) are identified as a Coastal View Roads by the CLUP. The Property currently includes multiple pump station buildings, visible mechanical equipment, security block walls and vegetation which impair the view of the back bay. This specific pump station has existed since its original construction in 1966. Additionally, the adjacent Recreational Vehicle Storage parking lot includes many recreational vehicles which also impair the view of the bay. The Project includes a 22-foot high electrical and generator room above a subterranean pump room on the west of the property. There is also a 15.5-foot-high odor control building to the east of the property. Site walls are proposed for security purposes but do not exceed the height of the proposed buildings. From East Coast Highway, the Project does not impair the existing view of the bay and maintains a view of the Back Bay bluff to the north. Two nearby Public Viewpoints are identified as part of a pedestrian trail at Castaways Park, located approximately 1,500 feet northwest of the Property. When viewing the Property from Castaways Park, East Coast Highway, the Back Bay Channel and marina, and Recreational Vehicle Storage are within immediate view, while a commercial shopping center and Promontory Point residences are located further east across East Coast Highway. Although the Project proposes to replace the existing pump station buildings with taller buildings, the Planning Commission Resolution No. PC2024-002 Page 11 of 28 views from Castaways Park are mostly unchanged. Parts of East Coast Highway may be impaired by the new structures, but the marina, commercial shopping center, and Promontory Point are not affected by the Project. The Project does not interfere with any of the identified Public Viewpoints due to the large distances from them. The Project may be in the distant viewshed of the Public Viewpoints but will not interfere with the public views that are currently provided. 8. Under Municipal Code Section 21.35.050 (Water Quality and Hydrology Plan), due to the proximity of the development to the shoreline and the development containing more than 75% of impervious surface area, a Water Quality and Management Plan (WQMP) is required. The Applicant submitted a Non-Priority Project Water Quality Plan (“NPP”), prepared by Arcadis U.S., Inc., and dated October 17, 2023. An NPP is required for new development or significant redevelopment projects that do not meet the criteria for Priority Projects as defined by the County’s Model WQMP, but instead qualify as Non-Priority Projects as defined in the Drainage Area Management Plan. The NPP provides stormwater Best Management Practices (“BMPs”) that are planned for controlling discharges of pollutants from the Project. Finding: I. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone. Fact in Support of Finding: 1. The Property does not currently provide nor inhibit public coastal access. The Property is located in close proximity to potential lateral access to the Back Bay Channel, as designated by the CLUP. The lateral access is a small beach located along the Back Bay Landing property, which is ranges from 250 feet north and 550 feet west from the Property. The Project consists of the replacement of an existing pump station with an upgraded pump station. Access to the bay remains available Back Bay Landing. Therefore, the Project will not impact public access to local coastal resources. 2. The Project includes installation of force mains in a new subterranean utility vault within a small portion of the public right-of-way area on the southwestern side of the Bay Bridge. This public-right-of-way includes an existing fence which leads to a walkway to the north side of the bridge. There is no direct access to the water in the area of the vault and therefore the Project does not affect public access in this location. 3. The Project includes temporary construction staging at Lower Castaways Park, which is approximately 1,100 feet west of the Property, and across the Bay Bridge. Lower Castaways Park is not identified as a Public Park by the CLUP. The construction staging is temporary for the duration of construction for the Project, as stipulated by the Temporary Lease Agreement between the City and the Applicant. The temporary construction staging does not alter access to the bay. The Applicant is only using a portion of the park, which has been historically used for construction staging and off-site Planning Commission Resolution No. PC2024-002 Page 12 of 28 parking since the City acquired the property. The staging site is buffered and screened from adjacent right of ways by existing landscaping which is to remain. The portion of the Staging Area that is open and available for public parking and access is not affected by the Project. The public access for small vessel launching into the bay is also unaffected. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby finds this Project complies with the California Environmental Quality Act as it is consistent with the certified EIR for Project No. 5-67, also known as the Bay Bridge Pump Station and Force Mains Replacement Project as approved by the Orange County Sanitation District, and the subsequent certified Addendum to the EIR. 2. The Planning Commission of the City of Newport Beach hereby approves a Major Site Development Review and Coastal Development Permit, subject to the conditions set forth in Exhibit “F,” which is attached hereto and incorporated herein by reference. 3. This decision shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code. Final action taken by the City may be appealed to the Coastal Commission in compliance with Section 21.64.035 (Appeal to the Coastal Commission) of the NBMC and Title 14 California Code of Regulations, Sections 13111 through 13120, and Section 30603 of the California Public Resources Code. PASSED, APPROVED, AND ADOPTED THIS 18TH DAY OF JANUARY, 2024. AYES: Ellmore, Harris, Rosene, and Salene NOES: Langford and Lowrey RECUSED: Barto ABSENT: BY:_________________________ Curtis Ellmore, Chairman BY:_________________________ Tristan Harris, Secretary Planning Commission Resolution No. PC2024-002 Page 13 of 28 Attachments: Exhibit A – Legal Description Exhibit B – EIR No. 5-67 Exhibit C – OCSD’s Return on Peremptory Writ of Mandate on OCSC Case No. 30-2021-01194238 including Court’s Order Exhibit D - Addendum to EIR No. 5-67 Exhibit E - Stipulation Discharging the Peremptory Writ of Mandate and Dismissing Orange County Superior Court Case No. 30-2021- 01194238 Exhibit F - Conditions of Approval Planning Commission Resolution No. PC2024-002 Page 14 of 28 EXHIBIT “A” Legal Description Planning Commission Resolution No. PC2024-002 Page 15 of 28 1 2 3 4 5 6 EXHIBIT "A-1" LEGAL DESCRIPTIO PARCEL 5-67-01 (FE ) ORANGE COUNT ANITATIO DI TRICT 7 B Y BRIDGE PUMP T TIO 8 9 That certain parcel of land situated in the City of Newport Beach, County of Orange tate of 10 California, being that portion of Parcel 3 of Parcel Map o. 93-111 filed in Book 278, Pages 11 40 through 45 of Parcel Maps in the Office of the County Recorder of said Orange County, 12 described as follows: 13 14 CO MME ING at the easterly tenninus of that certain course in the centerline of the East 15 Coast Highway shown as "North 87°36 ' -8 'West 160.15 feet ' on said Parcel Map o. 93-111 16 said point also being marked with a "spike and washer tagged DOH per Caltrans F.B. SR. 17 81-115/l l "persaidParcel ap o.93-111; 18 thence along said centerline North 87°36 58" West 160.15 feet to the northwesterly terminus 19 thereof, said point also being marked with a spike and washer tagged DOH per Caltrans F.B. 20 R. 81-115/11 " per said Parcel Map o. 9.., -11 1; 21 thence leaving said centerline at right angles orth 02°23 '02" EaS1 85 .94 feet to a line shown 22 as ' orth 87°36'16" West 123.34 feet'' in the southerly boundary of said Parcel 3, said line 23 al o being the northerly Right-of-Way line oftbe East Coast Highway as shown on said Parcel 24 Map No. 93-11 and also shown on a Caltrans Right-of-Way Map o. 25491 -C for 07-ORA-l 25 18.3; 26 thence along said southerly line of Parcel 3 orth 87°36' 16" West 65 .10 feet to the intersection 27 of the southerly boundary of said Parcel 3 and the easterly line of Parcel 1 Dedicated to the 28 Orange County Sanitation District in a docwneot recorded September 10, 1965 in Book 7661, 29 Page 741 of Official Records, in the Office of said range County Recorder, said point also 30 being the TRUE POINT OF BEGINNI G; 31 thence orth 13 °3 9' 41" East 71.3 2 feet; 32 thence orth 76°24'23" West 173.32 feet; 33 thence South 13°39'46" West 79.83 feet to a line shown as "North 66°24'24" West 284.74 34 feet" in said southerly boundary of Parcel 3; 35 thence along !aid southerly boundary of Parcel 3 the following six (6) courses : 36 (1) outh 66°24'24" East 8.72 feet to an angle point therein; 37 (2) South 73°06'54" East 43.65 feet to an angle point therein; 38 (3) South 83°06'23" East 60.83 feet to an angle point therein; 39 (4) orth 01 °46'1 O" West 60.00 feet to an angle point therein- 40 (5) orth 88°13' 14" East 60.00 feet to an angle point therein; Page 1 of2 OC SAN 22-03-8 Planning Commission Resolution No. PC2024-002 Page 16 of 28 ORA GE CO TY ANlTATIO DI TRJCT BAYBRIDGEP MP TATlO PARCEL 5-67-01 (FEE) 41 (6) South 01 °46'46" East 70.87 feet to an angle point therein to the TRUE POINT OF 42 BEGINNING. 43 44 CO TAINING: 9 713 Square Feet more or less. 45 46 EXHIBIT "A-2" attached and by this reference made a part hereof. 47 48 49 50 51 52 53 54 55 ~ C. Slocum P.L .. 9044 56 57 Michael Baker International 58 5 Hutton Centre Drive, uite 500 59 Santa Ana, California 92707 60 Project o. 163755 08/17/2021 Date 61 H:\pdota\163755\CADD\Mapping\Exh,bus\Pump Station Legals and Exhib1ts\Leglllll 63755-00AI -Legal Fee Porcel docx Page 2 of2 OC SAN 22-03-9 Planning Commission Resolution No. PC2024-002 Page 17 of 28 RECORD REFERENCES: RI CALTRANS RIGHT-a'-WAY MAP t-.0. 25491-C. \ R2 PARCEL MAP 00 . 93-111. P.IU. 278/40-45. NEWPORT UPPER BAY \ EXHIBIT "A-2 ' SKETCH TO NXDIE¥H'f A I.EGAI. IEICRIPTION F<lR \ \ \ \ \ SPIKE A/fl WASl£R "OOH" PER CALTRANS ' --- FB. 81-15/11 AW PM 93-111. P .M.B. 278/40-45 N87" 36 • sa·w 160. 15' \ (R2) P.O.C. SHEETINOEX ORANGE COUNTY SANITATION DISTRICT BAY BRIDGE PUMP STATION 0 IN'.llCATES Sl£ET ~ PARCEL 6-67-01 (FEE) CONTAINING: 9,713 S.F. MORE OR LESS \\rl'tlCl,81.-JMIIJIDJIP~U\~11'!\"\W StAfl<M ~ .IICI Olftaff\~ • ONJell m: t#IIIl..OIC CXMtl[.MIIJT" ti.,..,. «31 llllf \DE DRIVE -- Ster 1 OF 2 SHEETS Michael Baker I NTERNAT I ONAL 5 Hutton Centre Drive, Suite 500 Santa Ma, CA 92707 (949) 472-35-05 · MBAKERI .COM AUlmT lJ, 2021 ..N 163755 QC SAN 22-03-1 0 Planning Commission Resolution No. PC2024-002 Page 18 of 28 --- re VARIES S66'24°24"E 8.72 ' VARIES {R2) S73'06'54"E 43.65 ' m ~ ..,.n -cJ) 0~ -I --o"' ~ ~ (") ~\ (R2) S8J"06'2>"E 60.8.l' t..\ ~~o "'•~ S'LY LIi£ CF PARCEL 3 CF ~ \ ~ 'N P.M. t-ll. 93-11 1, P.M.B. -.,._ u, .!... 278/40-',5 00 N'LY R.O.W. ?-~ ~ S LIi£ CF EAST COAST HIGHWAY ~ PER CALTRANS R.O.W. MAP --o ~ :C 8. 00. 25491-C S:io co-~ -I G) ,~, ·,~~ i.\ ~ "r ..:::. "'-~ :.<. SPIKE f,J',(J WASf£R 'OCH' PER CALTRANS FB. SR-81-115/11 f,J',(J P.M. 00. 93-111. P.M.B. \ 278/40-45 \ T.P.O.B. EXHIBIT 'A-2" Sl<ETQi lONXt:11/l'Nff A LEG,t,L oescRIPT1CII FOR P.O.C. PARCEL 1 S13'39' 46"W 79.83' PARCEL 5-67-01 (FEE) S 'LY LIi£ OF PARCEL 3 CF PM 93-111, P.M.B. 278/40--45 00 N'LY RIGHT--<F-IIAY LIi£ CF EAST COAST HIG-MAY PER CALTRANS RIGHT CF WAY MAP 00. 25491-C st£ET 2 OF 2 SHEETS Michael Baker ORANGE COUNTY SANITATION DISTRICT BAY BRIDGE PUMP STATION PARCB. 5-67~1 (FEE) SP ll<E 00 WASHER "CJOi' PER CALTRANS FB . SR-81-115/11 !HJ P.M. NO . 93-111. INTERNATIONAL 5 Hutton Centre Drive, Suite 500 Santa Ana, CA 92707 (949) 472-3505 · MBAKERINTLCOM CONT~ING: 9,713 S.F. MORE OR LESS P .M.8. 278/40--45 \\JMCA,V"Sl.ao..,.,..,_~A\~IJII.\.DNIIT"ftlU# CfATIO. ~ #0 t»fttm\~-Ellt!IJl fll Nm..S O)ME,lilltll(TT 1/a/'ml <11:311"111 Al.GUST 13. 2021 ..N 163755 QC SAN 22-03-11 Planning Commission Resolution No. PC2024-002 Page 19 of 28 EXHIBIT “B” EIR No. 5-67 Available separately due to bulk at: https://www.ocsan.gov/home/showpublisheddocument/21159/636976643775800000 Planning Commission Resolution No. PC2024-002 Page 20 of 28 EXHIBIT “C” OCSD’s Return on Peremptory Writ of Mandate on OCSC Case No. 30-2021-01194238 including Court’s Order Available separately due to bulk: https://ecms.newportbeachca.gov/WEB/DocView.aspx?dbid=0&repo=CNB&id=2938615 Planning Commission Resolution No. PC2024-002 Page 21 of 28 EXHIBIT “D” Addendum to EIR No. 5-67 Available separately due to bulk at: https://www.ocsan.gov/home/showpublisheddocument/34145/638253730131970000 Planning Commission Resolution No. PC2024-002 Page 22 of 28 EXHIBIT “E” Stipulation Discharging the Peremptory Writ of Mandate and Dismissing Orange County Superior Court Case No. 30-2021-01194238 Fee Exempt Per Gov. Code § 6103 1 WOODRUFF & SMART, APC BRADLEY R. HOGIN - State Bar No. 140372 2 bhogin@woodruff.law RICIA R. HAGER - State Bar No. 234052 3 rhager@woodruff.law 555 Anton Boulevard, Suite 1200 4 Costa Mesa, CA 92626-7670 Telephone: (714) 558-7000 5 Facsimile: (714) 835-7787 6 Attorneys for Respondent ORANGE COUNTY SANITATION DISTRICT et. al. 7 8 SUPERIOR COURT FOR THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF ORANGE, CENTRAL JUSTICE CENTER 10 11 12 13 14 15 16 17 18 19 20 21 22 This stipulation is entered into between the parties through their respective counsel as 23 follows: 24 RECITALS 25 WHEREAS, on February 7, 2023, the Court entered a Peremptory Writ of Mandate in 26 this matter; 27 WHEREAS, on July 27, 2023, Respondent Orange County Sanitation District timely 28 filed a Return on the Peremptory Writ of Mandate (the “Return”); 1 STIPULATION DISCHARGING THE PREEMPTORY WRIT OF MANDATE AND DISMISSING THE CASE; [PROPOSED] ORDER 1786198.1 WOODRUFF, SPRADLIN & SMART ATTORNEYS AT LAW COSTA MESA BAYSIDE VILLAGE MARINA, LLC, Petitioner, v. ORANGE COUNTY SANITATION DISTRICT; ORANGE COUNTY SANITATION DISTRICT BOARD OF DIRECTORS; AND DOES 1-25, INCLUSIVE, Respondents. CASE NO.: 30-2021-01194238 ASSIGNED FOR ALL PURPOSES TO THE HONORABLE WILLIAM CLASTER DEPARTMENT: CX104 STIPULATION DISCHARGING THE PEREMPTORY WRIT OF MANDATE AND DISMISSING THE CASE; [PROPOSED] ORDER HEARING DATES PENDING: Type: Hearing on Writ Return Date: November 3, 2023 Time: 10:30 a.m. Dept: CX104 DATE ACTION FILED: April 19, 2021 TRIAL DATE: None Electronically Filed by Superior Court of California, County of Orange, 08/28/2023 03:49:00 PM. 30-2021-01194238-CU-WM-CXC - ROA # 226 - DAVID H. YAMASAKI, Clerk of the Court By G. Hernandez, Deputy Clerk. 1 WHEREAS, Petitioners previously requested, and the Court set, a hearing on the 2 Return for November 3, 2023; 3 WHEREAS, the parties now agree that the Peremptory Writ of Mandate should be 4 discharged; 5 WHEREAS, the parties agree the hearing set for November 3, 2023 should be 6 vacated; and 7 WHEREAS, the parties agree that the case should be dismissed. 8 NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED: 9 1. The Peremptory Writ of Mandate should be discharged. 10 2. The November 3, 2023, hearing date should be vacated. 11 3. This case should be dismissed. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 STIPULATION DISCHARGING THE PREEMPTORY WRIT OF MANDATE AND DISMISSING THE CASE; [PROPOSED] ORDER 1786198.1 WOODRUFF, SPRADLIN & SMART ATTORNEYS AT LAW COSTA MESA DATED: August 28, 2023 WOODRUFF & SMART, APC By:/s/ Bradley R. Hogin BRADLEY R. HOGIN RICIA R. HAGER Attorneys for Respondents ORANGE COUNTY SANITATION DISTRICT and ORANGE COUNTY SANITATION BOARD OF DIRECTORS DATED: August 24, 2023 NOSSAMAN LLP By: JOHN P. ERSKINE JOHN J. FLYNN III Attorney for Petitioner BAYSIDE VILLAGE MARINA, LLC 1 [PROPOSED] ORDER 2 The parties having entered into a written stipulation and good cause appearing 3 therefore, IT IS HEREBY ORDERED that: 4 1. The Peremptory Writ of Mandate issued in this case on February 7, 2023 is 5 hereby discharged. 6 2. The hearing on the Return on the Peremptory Writ of Mandate set for 7 November 3, 2023, is hereby vacated. 8 3. This case is dismissed. 9 10 DATED: 08/28/2023 12 HON. WILLIAM CLASTER 13 JUDGE OF THE SUPERIOR COURT 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 STIPULATION DISCHARGING THE PREEMPTORY WRIT OF MANDATE AND DISMISSING THE CASE; [PROPOSED] ORDER 1786198.1 WOODRUFF & SMART ATTORNEYS AT LAW COSTA MESA 1 STATE OF CALIFORNIA, COUNTY OF ORANGE 2 I am over the age of 18 and not a party to the within action; I am employed by 3 WOODRUFF, SPRADLIN & SMART in the County of Orange at 555 Anton Boulevard, Suite 1200, Costa Mesa, CA 92626-7670. 4 On August 28, 2023. I served the foregoing document(s) described as 5 STIPULATION DISCHARGING THE PEREMPTORY WRIT OF MANDATE AND DISMISSING THE CASE; [PROPOSED] ORDER 6  by placing the true copies thereof enclosed in sealed envelopes addressed as stated on 7 the attached mailing list; 8  by placing  the original  a true copy thereof enclosed in sealed envelopes addressed as follows: 9  (BY MAIL) I placed said envelope(s) for collection and mailing, following ordinary 10 business practices, at the business offices of WOODRUFF, SPRADLIN & SMART, and addressed as shown on the attached service list, for deposit in the United States 11 Postal Service. I am readily familiar with the practice of WOODRUFF, SPRADLIN & SMART for collection and processing correspondence for mailing with the United 12 States Postal Service, and said envelope(s) will be deposited with the United States Postal Service on said date in the ordinary course of business. 13  (BY OVERNIGHT DELIVERY) I placed said documents in envelope(s) for 14 collection following ordinary business practices, at the business offices of WOODRUFF, SPRADLIN & SMART, and addressed as shown on the attached 15 service list, for collection and delivery to a courier authorized by _GLS to receive said documents, with delivery fees provided for. I am readily familiar with the practices of 16 WOODRUFF, SPRADLIN & SMART for collection and processing of documents for overnight delivery, and said envelope(s) will be deposited for receipt by _GLS on 17 said date in the ordinary course of business. 18  (BY ELECTRONIC SERVICE) I caused the above-referenced document to be transmitted to the interested parties via electronic mail as stated on the attached 19 Service List. 20  (BY PERSONAL SERVICE) I delivered such envelope(s) by hand to the offices of the addressee(s). 21  (State) I declare under penalty of perjury under the laws of the State of California 22 that the above is true and correct. 23 Executed on August 28, 2023, at Costa Mesa, California. 24 25 /s/ Katie E. Kane Katie E. Kane 26 27 28 2 STIPULATION DISCHARGING THE PREEMPTORY WRIT OF MANDATE AND DISMISSING THE CASE; [PROPOSED] ORDER 1786198.1 WOODRUFF & SMART ATTORNEYS AT LAW COSTA MESA 1 BAYSIDE VILLAGE MARINA, LLC V. ORANGE COUNTY SANITATION DISTRICT ET. AL. 2 CASE NO. 30-2021-01194238 3 SERVICE LIST 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 STIPULATION DISCHARGING THE PREEMPTORY WRIT OF MANDATE AND DISMISSING THE CASE; [PROPOSED] ORDER 1786198.1 WOODRUFF & SMART ATTORNEYS AT LAW COSTA MESA NOSSAMAN LLP John P. Erskine, Esq. jerskine@nossaman.com John J. Flynn III, Esq. jflynn@nossaman.com 18101 Von Karman Ave. Suite 1800 Irvine, CA 92612 Telephone: 949-833-7800 Facsimile: 949-833-7878 Attorneys for Petitioner Planning Commission Resolution No. PC2024-002 Page 23 of 28 EXHIBIT “F” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) Planning Division 1. The development shall be in substantial conformance with the approved site plan, floor plans, and building elevations stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. The Project is subject to all applicable City ordinances, policies, and standards unless specifically waived or modified by the conditions of approval. 3. The applicant shall comply with all federal, state, and local laws. A material violation of any of those laws in connection with the use may be caused the revocation of this Major Site Development Review, Conditional Use Permit, and Coastal Development Permit. 4. The major site development review and coastal development permit shall expire unless exercised within 24 months from the date of approval as specified in Sections 20.54.060 and 21.54.060 of the Newport Beach Municipal Code unless an extension is otherwise granted. 5. Any change in operational characteristics, expansion in the area, or other modification to the approved plans, shall require an amendment to this Major Site Development Review and Coastal Development Permit or the processing of a new Site Development Review and Coastal Development Permit. 6. A copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans before issuance of the building permits. 7. Prior to construction, the applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect. These plans shall incorporate drought-tolerant plantings and water-efficient irrigation practices, and the plans shall be approved by the Planning Division. 8. All landscape materials and irrigation systems shall be maintained by the approved landscape plan. 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. 9. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, in the opinion of the Director Planning Commission Resolution No. PC2024-002 Page 24 of 28 of Community Development, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 10. Prior to construction, the applicant shall prepare a photometric study in conjunction with a final lighting plan for approval by the Planning Division. The survey shall show that lighting values are “1” or less at all property lines. 11. All exterior lighting shall be shielded with light rays confined within the boundaries of the Property. Site lighting shall not create a public nuisance by shining onto public streets or adjacent sites. 12. All mechanical equipment and trash areas shall be fully screened from view from East Coast Highway, Bayside Drive, and the surrounding properties (including from above) and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code. 13. The odor control room shall be screened with louvers. The mechanical equipment shall be screened from view of future adjacent residents. 14. Site lighting shall be designed so light generated on-site does not spill on to adjoining properties or rights-of-way. On-site lighting shall be designed so that light sources are not visible from East Coast Highway, Bayside Drive, or from adjacent properties. 15. Prior to construction, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 16. All noise generated by the proposed 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 periods unless the ambient noise level is higher: Between the hours of 7:00 AM and 10:00 PM Between the hours of 10:00 PM and 7:00 AM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 17. 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. Planning Commission Resolution No. PC2024-002 Page 25 of 28 18. The exterior of the Project shall be always maintained free of litter and graffiti. 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. 19. The applicant 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 Planning 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). 20. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00 p.m. and 9:00 a.m. on Sundays and Federal holidays unless otherwise approved by the Director of Community Development and may require an amendment to this approval. 21. Prior to construction, a waterproofing curb or similar design feature shall be constructed around the proposed structures as an adaptive flood protection device based on the State of California’s Sea Level Rise Guidance H++ Scenario, per the approved plans and Coastal Hazards Report dated October 2023. Flood shields (sandbags and other methods) can be deployed across the openings to protect and prevent flooding to the structure. 22. Prior to construction, the property owner shall submit a notarized signed letter acknowledging all hazards present at the site, assuming the risk of injury or damage from such hazards, unconditionally waiving any claims of damage against the City from such hazards, and to indemnify and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any 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 development. 23. This approval does not authorize any new or existing improvements (including landscaping) on California Coastal Permit Jurisdiction, State tidelands, or public beaches. Any improvements located on tidelands, submerged lands, and/or lands that may be subject to the public trust shall require a coastal development permit (CDP) approved by the California Coastal Commission (Coastal Commission). Prior to construction, the applicant shall provide a copy of said coastal development permit or CDP waiver or documentation from the Coastal Commission that subject improvements are not subject to the permit requirements of the Coastal Act and/or not located within the permit jurisdiction of the Coastal Commission. 24. No demolition or construction materials, equipment debris, or waste, shall be placed or stored in a location that would enter the sensitive habitat, receiving waters, or storm drains or result in impacts to environmentally sensitive habitat areas, streams, the Planning Commission Resolution No. PC2024-002 Page 26 of 28 beach, wetlands or their buffers. No demolition or construction materials shall be stored on public property. 25. The applicant is responsible for compliance with the Migratory Bird Treaty Act (MBTA). In compliance with the MBTA, grading, brush removal, building demolition, tree trimming, and similar construction activities shall occur between August 16 and January 31, outside of the peak nesting period. If such activities must occur inside the peak nesting season from February 1 to August 15, compliance with the following is required to prevent the taking of native birds under MBTA: A. The construction area shall be inspected for active nests. If birds are observed flying from a nest or sitting on a nest, it can be assumed that the nest is active. Construction activity within 300 feet of an active nest shall be delayed until the nest is no longer active. Continue to observe the nest until the chicks have left the nest and activity is no longer observed. When the nest is no longer active, construction activity can continue in the nest area. B. It is a violation of state and federal law to kill or harm a native bird. To ensure compliance, consider hiring a biologist to assist with the survey for nesting birds, and to determine when it is safe to commence construction activities. If an active nest is found, one or two short follow-up surveys will be necessary to check on the nest and determine when the nest is no longer active. 26. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) shall be implemented before and throughout the duration of construction activity as designated in the Construction Erosion Control Plan. 27. The discharge of any hazardous materials into storm sewer systems or receiving waters shall be prohibited. Machinery and equipment shall be maintained and washed in confined areas specifically designed to control runoff. A designated fueling and vehicle maintenance area with appropriate berms and protection to prevent spillage shall be provided as far away from storm drain systems or receiving waters as possible. 28. Debris from demolition shall be removed from work areas each day and removed from the project site within 24 hours of the completion of the project. Stockpiles and construction materials shall be covered, enclosed on all sites, not stored in contact with the soil, and located as far away as possible from drain inlets and any waterway. 29. Trash and debris shall be disposed of in proper trash and recycling receptacles at the end of each construction day. Solid waste, including excess concrete, shall be disposed of in adequate disposal facilities at a legal disposal site or recycled at a recycling facility. 30. The Applicant shall comply with all mitigation measures contained within the approved Mitigation Monitoring and Reporting Program of the Bay Bridge Pump Station and Force Mains Replacement Project Environmental Impact Report No.5-67 (SCH2016111031). Planning Commission Resolution No. PC2024-002 Page 27 of 28 31. At the request and to the satisfaction of the Community Development Director, the Applicant shall make future alterations to the exterior façade for consistency and compatibility with the architecture of a future approved Back Bay Landing mixed-use project. 32. To the fullest extent permitted by law, the applicant shall indemnify, defend and hold harmless the City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any 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 Back Bay Pump Station Replacement including, but not limited to, a major site development review, conditional use permit, and coastal development permit (PA2023-0076). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorney’s fees, and other expenses incurred in connection with such claim, action, causes of action, suit, or proceeding whether incurred by the applicant, City, and/or the parties initiating or bringing the such proceeding. The applicant shall indemnify the City for all the City's costs, attorneys' fees, and damages that which City incurs in enforcing the indemnification provisions outlined in this condition. The applicant shall pay to the City upon demand any amount owed to the City under the indemnification requirements prescribed in this condition. Fire Department 33. Premise identification shall be provided per the Newport Beach Fire Department guidelines. 34. A knox box for emergency access shall be provided. 35. NFPA 704 Placarding for onsite hazards shall be provided. Public Works Department 36. The Traffic Control Plan shall be further review and approved by the City of Newport Beach and Caltrans prior to construction. 37. All work within Caltrans right-of-way requires an encroachment permit from Caltrans. 38. The Applicant shall comply with the approved Construction Management Plan and Traffic Control Plan. Any deviations to these plans shall be reviewed and approved by the Public Works Director prior to implementation. 39. The Applicant shall maintain all landscaping in the public right-of-way adjacent to East Coast Highway, to the satisfaction of the Public Works Director. Planning Commission Resolution No. PC2024-002 Page 28 of 28 40. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code. Noise-generating construction activities shall be consistent with a Traffic Management Plan and Construction Management Plan approved by the Public Works Director. 41. All conditions and provisions stated in the Temporary, Non-Exclusive and Revocable License Agreement Between the City of Newport Beach and the Orange County Sanitation District for Use of City Property shall be adhered to. 42. The construction staging area at Lower Castaways park shall not impact the public’s ability to access designated public parking.