Loading...
HomeMy WebLinkAbout2024-28 - Denying an Appeal and Upholding the Decision of the Planning Commission to Approve a Major Site Development Review and Coastal Development Permit to Demolish an Existing Pump Station and Construct a New Pump Station and Associated Force Mains atRESOLUTION NO. 2024-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DENYING AN APPEAL AND UPHOLDING THE DECISION OF THE PLANNING COMMISSION TO APPROVE A MAJOR SITE DEVELOPMENT REVIEW AND COASTAL DEVELOPMENT PERMIT TO DEMOLISH AN EXISTING PUMP STATION AND CONSTRUCT A NEW PUMP STATION AND ASSOCIATED FORCE MAINS AT THE PROPERTY LOCATED AT 250 EAST COAST HIGHWAY (PA2023-0076) WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the City Council with the authority to make and enforce all laws, rules, and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers and privileges, or procedures granted or prescribed by any law of the State of California; WHEREAS, an application was filed by Orange County Sanitation District ("Applicant"), with respect to property located at 250 East Coast Highway, and legally described in Exhibit "A," which is attached hereto and incorporated herein by reference ("Property"); WHEREAS, 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; WHEREAS, the Applicant requests a major site development review and coastal development permit for the following: ® demolition of an existing pump station and construction of a new approximately 7,500 square foot pump station that includes a new underground pump room, electrical room, odor control facility, and a generator room; 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 Resolution No. 2024-28 Page 2 of 18 • temporary use of approximately 18,000 square feet of Lower Castaways Parkas a temporary construction staging area ("Staging Area") ("Project"); WHEREAS, 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 Marine Fisheries Service, United States Army Corps of Engineers, Santa Ana Regional Water Quality Control Board, private property owners, and the City; WHEREAS, the Property is designated Mixed -Use Water 2 (MU-W2) by the General Plan Land Use Element and located within the Back Bay Landing Planned Community (PC-9) Zoning District; WHEREAS, the Staging Area is designated Recreational and Marine Commercial (CM) by the General Plan Land Use Element and located in the Castaways Marina Planned Community (PC-37) Zoning District; WHEREAS, the Property and Staging Area are located within the coastal zone and therefore, the Project requires a coastal development permit; WHEREAS, the Property is designated Mixed -Use Water Related (MU-W) by the Coastal Land Use Plan ("CLUP") and located within the Back Bay Landing Planned Community (PC-9) Zoning District; WHEREAS, the Staging Area is designated 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; WHEREAS, the Property is comprised of approximately 14,592 square feet which consists of the Applicant's existing 4,879 square foot property along with an additional 9,713 square feet being acquired from the adjacent property; WHEREAS, a public hearing was held by the Planning Commission 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 Newport Beach Municipal Code ("NBMC"). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing; Resolution No. 2024-28 Page 3 of 18 WHEREAS, at the conclusion of the hearing, the Planning Commission adopted Resolution No. PC2024-002 by a majority vote (4 ayes, 2 nays, 1 recusal) approving the Project; WHEREAS, on January 31, 2024, John Erskine, representing the Bayside Village Marina LLC ("BVM"), owners of the Bayside Village Marina and related recreational marine commercial uses at 300 E. Coast Highway, as well as the Bayside Village Marina Mobilehome Park, filed an appeal of the Planning Commission's decision on January 31, 2024-,and WHEREAS, a public hearing was held by the City Council on April 23, 2024, in the City Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with the Ralph M. Brown Act and Chapters 20.62 and 21.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the City Council at this public hearing. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council has considered the decision of the Planning Commission and determined that modifications to the Project made by the City Council, if any, are not major changes that require referral back to the Planning Commission for consideration and recommendation. Section 2: The City Council does hereby uphold the Planning Commission's approval of a major site development review and coastal development permit subject to the conditions of approval set forth in Exhibit "B," which is attached hereto and incorporated herein by reference. Section 3: 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 of Consistency with Section VII(C)(1): 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. Resolution No. 2024-28 Page 4 of 18 Facts in Support of Finding with Section VII(C)(1): 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 and sets a development limit of 131,290 square feet for nonresidential development within the Anomaly. The Back Bay Landing Planned Community (PC-9) Zoning District 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. The replacement facility is designed in part to ensure continued safe operation of the facility with modern equipment meeting current code standards to safeguard against sewage spills. 2. The Property is categorized as Mixed -Use Water Related (MU-W) by the CLUP, 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 structures with residential uses above the ground floor. For nonresidential buildings, the Mixed -Use Water Related (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 1 in support of Finding VII(C)(1) above. Furthermore, the additional size of the proposed station, including the new odor control building is necessary to meet current functional requirements of a modern pump station. 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), Resolution No. 2024-28 Page 5 of 18 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. Furthermore, the proposed height of the building accounts for the raised floor to floor protection, electrical and mechanical equipment for station operation, and screening for rooftop HVAC equipment. 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 an 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. Resolution No. 2024-28 Page 6 of 18 Finding of Consistency with Section VII(C)(2): The development shall not be incompatible with the character of the neighboring uses and surrounding sites. Facts in Support of Finding with Section VII(C)(2): 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 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. Resolution No. 2024-28 Page 7 of 18 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, it is not out of scale with the existing and potential future 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 to create architectural interest. Furthermore, to ensure architectural compatibility with the potential future Back Bay Landing Mixed -Use Project, a condition of approval stipulates that at the request and to the satisfaction of the Community Development Director, the Applicant shall make future alterations to the exterior fagade for consistency and compatibility with the architecture of a future approved Back Bay Landing Mixed - Use Project. Finding of Consistency with Section VII(C)(3): 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 with Section VII(C)(3): 1. Fact 4 in support of Finding of Consistency with Section VII(C)(1) is hereby incorporated by reference. 2. Fact 4 in support of Finding of Consistency with Section VII(C)(2) is hereby incorporated by reference. 3. 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 guidelines call for a "coastal architectural theme" and flexible design, provided a project follows principles of quality design and exhibits a high level of architectural standards and compatibility with surrounding area. The Project is designed with a modern coastal architectural theme, incorporating a modern design with a cantilevered roof overhang and an integration of materials and details that is compatible the surrounding coastal context. The buildings avoid long, continuous blank walls with a simple fagade 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. Resolution No. 2024-28 Page 8 of 18 4. The Project emphasizes clean lines, simplicity and avoids excessive ornamentation, which will more easily allow for future modifications 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. The simple clean lines and avoidance of excessive ornamentation allows the coast's natural beauty to be prominent which is consistent with the concept of coastal architectural design. 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 preserve the six view corridors conceptually identified by PC-9. 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 of Consistency with Section VII(C)(4): 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 with Section VII(C)(4): 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, 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 Resolution No. 2024-28 Page 9 of 18 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. 2. 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. As described by the certified environmental impact report ("EIR"), the Project would require a maximum of approximately 15 vehicle trips per week for staff to perform period maintenance, inspections of facilities and equipment, and/or chemical deliveries. Since a similar number of trips are required for the existing pump station, the Project is not expected to result in additional vehicle trips. 3. The overall layout of structures is efficiently arranged on a constrained lot and is designed to accommodate service vehicle access and maneuvering requirements. 4. Fact 5 in support of Finding of Consistency with Section VII(C)(1) is hereby incorporated by reference. Finding of Consistency with Section VII(C)(5): 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 with Section VII(C)(5): 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 a new odor control room, which the existing facility currently lacks. The odor control room is included to mitigate odors from the Property to the surrounding neighborhood and includes treatment for both liquid and vapor phase Resolution No. 2024-28 Page 10 of 18 waste. The odor control room accounts for a significant portion of the expanded footprint of the Project. 3. The Project includes buildings both below and above grade which are larger in area than the existing pump station. The above -grade structures include an electrical room, generator room, and odor control structure. The electrical room includes increased clearances between electrical equipment per Orange County Sanitation District standards which provides safety for electricians while performing maintenance. The new underground pump also requires a larger underground footprint to meet current industry standards. Since the existing pump station was constructed nearly 60 years ago, increases in working clearances and equipment types and sizes is expected which leads to the overall increase in the Project footprint. 4. 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. 5. 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. 6. 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. Resolution No. 2024-28 Page 11 of 18 Section 4: In accordance with Section 21.52.015(F) (Coastal Development Permits - Findings and Decision) of the NBMC, the following findings and facts in support of such findings as set forth: Findinq of Consistency with Section 21.52.015(F)(1): 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 with 21.52.015(F)(1): 1. Facts 2 through 5 in support of Finding of Consistency with Section VII(C)(1) are hereby incorporated by reference. 2. Facts 1 and 2 in support of Finding of Consistency with Section VII(C)(2) 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. Resolution No. 2024-28 Page 12 of 18 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 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 Resolution No. 2024-28 Page 13 of 18 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 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 Section 21.35.050 (Water Quality and Hydrology Plan) of the NBMC, 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 of Consistency with Section 21.52.015(F)(2): 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 Resolution No. 2024-28 Page 14 of 18 any body of water located within the coastal zone. Facts in Support of Finding with 21.52.015(F)(2): 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 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 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 5: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Resolution No. 2024-28 Page 15 of 18 Section 6: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 7: On the basis of the entire environmental review record, the Project (inclusive of recommended conditions of approval) will not result in any new significant impacts that were not previously analyzed in the EIR and Addendum, which is attached hereto as Exhibit "C" adopted by OC Sanitation District for the Project. In February of 2021, the Applicant, as the Lead Agency under the California Environmental Quality Act, approved the Bay Bridge Pump Station and Force Mains Replacement Project (Project No. 5-67) and certified an EIR for Project No. 5-67 pursuant to CEQA set forth in the California Public Resources Code Section 21000 et seq. and its implementing State regulations set forth in the California Code of Regulations Title 14, Division 6, Chapter 3 ("CEQA Guidelines"). 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 one (not having identified project construction staging area). Thereafter, the Court issued a limited writ directing OC Sanitation District to sufficiently identify project construction staging areas. In response to the Court ruling, OC Sanitation District prepared an Addendum to the EIR for the Bay Bridge Pump Station and Force Mains Replacement Project which was certified by OC Sanitation District Board on July 23, 2023 pursuant to Section 15164 of the CEQA Guidelines which authorizes a lead agency to prepare an Addendum to a previously certified EIR if some changes or additions are necessary but one of the conditions described in Section 15162 calling for preparation of a subsequent EIR have not occurred. 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 determined that Project No. 5-67, as modified by the Addendum, would not result in any new significant impacts or a substantial increase in Resolution No. 2024-28 Page 16 of 18 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. Section 8: Pursuant to Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, when an 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: 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: 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. Resolution No. 2024-28 Page 17 of 18 The Addendum analyzed the impacts associated with temporary use of the Staging Area for construction of the Project. In addition, there are no substantial changes to the circumstances under which the Project would be undertaken that would result in new or more severe environmental impacts than previously addressed in either the EIR or the Addendum nor has any new information regarding the potential for new or more severe significant environmental impacts been identified. Therefore, the previously adopted Addendum addresses all environmental impacts associated with the Project. Section 9: The City Council 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. Resolution No. 2024-28 Page 18 of 18 Section 10: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 23rd day of April, 2024. Will O'Neill Mayor ATTEST: ii �i/ I.-Am1... � <<. City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaroh C. Harp City Attorney Attachment(s): Exhibit "A" — Legal Description Exhibit "B" — Conditions of Approval Exhibit "C" — Environmental Impact Report and Subsequent Addendum EXHIBIT "A" Legal Description 1 2 3 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 29 30 31 32 33 34 35 36 37 38 39 40 EXMIT "A-1" LEGAL DESCRIPTION PARCEL 5-67-01 (FEE) ORANGE COUNTY SANITATION DISTRICT BAY BRIDGE PUMP STATION That certain parcel of land situated in the City of Newport Beach, County of Orange State of California, being that portion of Parcel 3 of Parcel Map No. 93-111 filed in Book 278, Pages 40 through 45 of Parcel Maps in the Office of the County Recorder of said Orange County, described as follows: COMMENCING at the easterly terminus of that certain course in the centerline of the East Coast Highway shown as "North 8736'58" West 160.15 feet" on said Parcel Map No. 93-1111 said point also being marked with a "spike and washer tagged DOH per Caltrans F.B. SR. 81-115/1 l" per said Parcel Map No. 93-111; thence along said centerline North 87°36'58" West 160.15 feet to the northwesterly terminus thereof, said point also being marked with a "spike and washer tagged DOH per Caltrans F.B. SR. 81-115/11" per said Parcel Map No. 93-111; thence leaving said centerline at right angles North 02°23'02" East 85.94 feet to a line shown as "North 87°36' 16" West 123.34 feet" in the southerly boundary of said Parcel 3, said line also being the northerly Right -of -Way line of the East Coast Highway as shown on said Parcel Map No. 93-11 and also shown on a Caltrans Right -of -Way Map No. 25491-C for 07-ORA-1 18.3; thence along said southerly line of Parcel 3 North 87°36' 16" West 65.10 feet to the intersection of the southerly boundary of said Parcel 3 and the easterly line of Parcel 1 Dedicated to the Orange County Sanitation District in a document recorded September 10, 1965 in Book 7661, Page 741 of Official Records, in the Office of said Orange County Recorder, said point also being the TRUE POINT OF BEGINNING; thence North 13°39'41" East 71.32 feet; thence North 76°24'23" West 173.32 feet; thence South 13°39'46" West 79.83 feet to a line shown as 'North 66°24'24" West 284.74 feet" in said southerly boundary of Parcel 3; thence along said southerly boundary of Parcel 3 the following six (6) courses: (1) South 66024'24" East 8.72 feet to an angle point therein; (2) South 73°06'54" East 43.65 feet to an angle point therein; (3) South 83106'23" East 60.83 feet to an angle point therein; (4) North 0114610" West 60.00 feet to an angle point therein; (5) North 88°13'14" East 60.00 feet to an angle point therein; Page 1 of 2 OC SAN 22-03-8 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 ORANGE COUNTY SANITATION DISTRICT BAY BRIDGE PUMP STATION PARCEL 5-67-01 (FEE) (6) South 01 °46'46" East 70.87 feet to an angle point therein to the TRUE POINT OF BEGINNING. CONTAINING: 9,713 Square Feet more or less. EXHIBIT "A-2" attached and by this reference made a part hereof. 08/17/2021 Stevefi C. Slocum, P.L.S. 9044 Date Michael Baker International 5 Hutton Centre Drive, Suite 500 Santa Ana, California 92707 Project No. 163755 14:lpd3ta5.1637551CADD`.4lapping�E.xhibdslPump Station Legals and E.xhibits�Lcgal',163755-OOA I -Legal Fee Parcel doex Page 2 of 2 OC SAN 22-03-9 � NEWPORT gAY HARBOR CHANNEL UPPER BAY RECORD REFERENCES: R1 CALTRANS RIGHT-OF-WAY MAP NO. 25491-C. R2 PARCEL MAP NO, 93-111. P.M.B. 278/40-45. -0 a � � A �\ R11014.00' mr o L=313.64' a SPIKE AND WASHER "DOH" PER CALTRANS FB. 81-115/11 AND PM 93-111. P.M.B. \ 27B/40-45 N87'36'58"W 160.15' \ (R2) P.O.C. ( , PARCEL 1 � EXHIBIT nA-2n SKETCH M ACCOWANY A LEGAL DESCRIPTION FOR ORANGE COUNTY SANITATION DISTRICT BAY BRIDGE PUMP STATION PARCEL M7-01 (FEE) CONTAINING: 9,713 S.F. MORE OR LESS SHEETINDEX moicATES SHEET WmBER PARCEL 5-67-01 lap YSIDE D�VE SHEET I OF 2 SHEETS I N T E R N A T 1 0 N A L 5 Hutton Centre Drive, Suite 500 Santa Ana, CA 92707 (949) 472-3505 , MBAKERINTL.COM ALQ ST 13, 2021 N 163755 lieriuri.au..mNwoNo�tel�strvVxvwvr�roaecm�.w s.r;as Teo ewmf ,Uw�ssmu - wwn r¢ r.w..ac mx�..v..s. OC SAN 22-03-10 ��e/zc� ev ti I SSE 1" .Ao' i tl tv N L N I S66'24'24"E 8.72' VARIES I VARIES (R2) S73'06'54"E 43.65'� ➢ n ,...1 (R2) S83'06'23'E 60.83' J O w S'LY LINE OF PARCEL 3 OF 1 P.M. NO. 93-111, P.M.8. c r 278/40-45 AND N'LY R.O.W -~ OF EAST COAST HIGHWAY g LINE PER CALTRANS R.O.W. MAP N0. 25491-C c14=1+,y 1 4„ � r y T.P.O.B. PARCEL 5-67-01 (FEE) v� A . �AQ a �o �S NI Ara +r 60 11L2 � A 10 N13'3�E 71.32' S'LY LINE OF PARCEL 3 OF PM 93-111. P.M.B. 278/40-45 AND N'LY RIGHT-OF-WAY LINE OF EAST COAST HIGHWAY PER CALTRANS RIGHT OF WAY MAP NO. 25491-C o+, VPR1�`S 4 V ARtES SPIKE AND WASHER "DOH" PER L CALTRANS F8. SR-81-115/11 AND P.M. NO. 93-111, P.M.B. 278/40-45 an EXHIBIT 'A-2" N SKEMTOA00011PANYA $ P.O.C. LEGAL DESCRvnON FOR PARCEL 1 ORANGE COUNTY SANITATION DISTRICT SPIKE AND WASHER "DOH' PER BAY BRIDGE PUMP STATION CALTRANS F8. SR-81-115/11 PARCELS-67.01 (FEE) AND P.M. NO. 93-111. CONTAINING: 9,713 S.F. MORE OR LESS P. M.B. 278/40-45 SHEET 2 OF 2 SHEETS I N T E R N A T 1 0 N A L 5 Huttor. Centre Onve, Suite 500 Santa Ana. CA 92707 (949) 472-3505 • MBAKERINTL.COM ALQ15T 13. 2021 JN 163755 v�a,rn-eay.,e.rmmseuwwon�mt.�cs>ssVimWwtrmmamsV+wsr.na�wswoxmrrn,cvssma-uenui.u- --, OC SAN 22-03-11 Exhibit "B" Conditions of Approval Planning Division 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. Before the issuance of a building permit, 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 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. Before the issuance of a building permit., 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. Before the issuance of a building permit, 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. 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 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 (GNPs) shall be implemented before and throughout the duration of construction activity as designated in the Construction Erosion Control Plan. 27. The discharae of anv hazardous materials into storm sewer systems or receivin 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 (SCH2O16111031). 31. At the request and to the satisfaction of the Community Development Director, the Applicant shall make future alterations to the exterior facade 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. 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. EXHIBIT "C" Environmental Impact Report and Subsequent Addendum EIR No. 5-67 Available separately due to bulk at: https://www.ocsan.gov/about-us/transparency/eir-documents/-folder-807 Addendum to EIR No. 5-67 Available separately due to bulk at: https://www.ocsan.gov/home/showpubiisheddocument/34145/638253730131970000 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; the foregoing resolution, being Resolution No. 2024-28 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 23rd day of April, 2024; and the same was so passed and adopted by the following vote, to wit: AYES: Mayor Will O'Neill, Mayor Pro Tern Joe Stapleton, Councilmember Robyn Grant, Councilmember Erik Weigand NAYS: Councilmember Noah Blom, Councilmember Lauren Kleiman RECUSED: Councilmernber Brad Avery IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 24th day of April, 2024. a6ki*Mz Lei ani I. Brown City Clerk Newport Beach, California F- \�FpR�%