HomeMy WebLinkAbout21 - Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot ProjectPORT CITY OF
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_ i NEWPORT BEACH
City Council Staff Report
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November 19, 2019
Agenda Item No. 21
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Andy Tran, Senior Civil Engineer, atran@newportbeachca.gov and
Chelsea Crager, Associate Planner, ccrager@newportbeachca.gov
PHONE: 949-644-3315 and 949-644-3227
TITLE: Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot Project
— Adoption of Mitigated Negative Declaration, Approval of
Conceptual Design, and Approval of Professional Services
Agreement with Dokken Engineering (Contract No. 8020-5)
ABSTRACT:
As part of the current Capital Improvement Program, staff has completed the draft
conceptual design and environmental documents for the Superior Avenue
Pedestrian/Bicycle Bridge and Parking Lot project. Upon approval and adoption of these
documents, staff recommends proceeding with the final design and construction phases.
RECOMMENDATION:
a) Conduct a public hearing;
b) Adopt Resolution No. 2019-101, A Resolution of the City Council of the City of Newport
Beach, California, Exempting a Public Parking Lot, Pedestrian Bridge, and Public Park
from Development Standards and Permit Requirements, in Accordance with Section
20.40.040 of the Newport Beach Municipal Code (PA2019-014);
c) Adopt Resolution No. 2019-102, A Resolution of the City Council of the City of Newport
Beach, California, Adopting Mitigated Negative Declaration No. ND2019-002 (SCH#
2019099074) for the Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot
Project (PA2019-014);
d) Approve the conceptual design for the Superior Avenue Pedestrian/Bicycle Bridge and
Parking Lot project including the proposed concrete bridge, parking lot and one of the
following alternatives for the recreational area:
Dog Park (current alternative); or
Passive Recreation Area (Open Space) Adjacent to Parking Lot (similar
grading as dog park alternative with a level grass area down low); or
iii. Passive Recreation Area (Open Space) Adjacent to existing Sunset View Park
(terraced retaining walls with a level grass area up high); and
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Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot Project — Adoption of
Mitigated Negative Declaration, Approval of Conceptual Design, and Approval of
Professional Services Agreement with Dokken Engineering (Contract No. 8020-5)
November 19, 2019
Page 2
e) Approve a Professional Services Agreement with Dokken Engineering of San Diego,
California, for the Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot project
at a not -to -exceed price of $919,890.00, and authorize the Mayor and City Clerk to
execute the Agreement.
FUNDING REQUIREMENTS:
The current adopted Capital Improvement Program budget includes sufficient funding for
this service. It will be expensed to the FFP Parks/Community Centers account in the
Public Works Department, 56201-980000-15T09. The consultant's proposed not -to -
exceed fee for this service is $919,890.00.
DISCUSSION:
The Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot conceptual design includes a
new pedestrian and bicycle bridge across Superior Avenue, a larger replacement parking lot
and a recreational area. The primary goals of this project are to improve safety and access to
Sunset Ridge Park and to increase parking availability.
The project site is located at the northeast corner of the West Coast Highway and Superior
Avenue intersection, approximately 1,000 feet from the coastline. Due to the proximity to
the coast, this area receives a significant amount of pedestrian and bicycle traffic. Sunset
Ridge Park, which is located across Superior Avenue, was constructed in December 2014
and is a 13.7 -acre active park with a baseball field, two soccer fields and children's
playground. Due to California Coastal Commission permitting constraints, Sunset Ridge
Park was constructed without an on-site parking lot. Visitors to Sunset Ridge Park
currently use the existing smaller parking lot located south of Sunset View Park and cross
Superior Avenue via an at -grade crosswalk. The existing public parking lot primarily serves
visitors to the beach, Sunset View Park and Sunset Ridge Park. The area between the existing
parking lot and the existing upper Sunset View Park is currently undeveloped. Refer to
Attachment A for the project location.
As part of the development, public review and input of the draft conceptual design, staff has
been working closely with nearby communities and has held five separate community outreach
meetings with the Newport Crest, Villa Balboa, Lido Sands and West Newport communities.
Additionally, the draft conceptual plan was also presented to the Parks Beaches and
Recreation (PB&R) Commission on August 6, 2019. The project was generally well received
by the public and the PB&R Commission. Villla Balboa residents did voice concerns regarding
the proposed Dog Park at the recreational area. The PB&R Commission recommended to
proceed with the draft conceptual design including the concrete bridge, parking lot and the Dog
Park.
21-2
Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot Project — Adoption of
Mitigated Negative Declaration, Approval of Conceptual Design, and Approval of
Professional Services Agreement with Dokken Engineering (Contract No. 8020-5)
November 19, 2019
Page 3
Pedestrian/Bicycle Bridge
The proposed new bridge across Superior Avenue would allow pedestrians and bicyclists to
better access Sunset Ridge Park from the parking lot without the need to use the at -grade
crosswalk. This will significantly improve pedestrian safety and access. Intersection vehicular
operations will also improve since the crosswalk push button will not be activated as often,
allowing more time for vehicular movement. The draft conceptual design initially included four
bridge options. Two of the options were eliminated due to high construction cost. The
remaining two bridge options are a single -span painted Steel Truss Bridge structure; ora three -
span column -supported Concrete Bridge structure.
Both of these bridge options were generally well received by the community. The Concrete
Bridge appeared to be the more favorable option with the neighboring communities. The PB&R
Commission also recommended the Concrete Bridge structure over the painted Steel Truss
option. Attachment B includes the conceptual project design and renderings of both bridge
options. Although the estimated initial construction cost for both bridge options are the same
at approximately $2.6 million, the concrete bridge will require less maintenance, and therefore,
is the more cost effective option for the life of the structure. Staff recommends proceeding with
the Concrete Bridge structure option.
Parking Lot
Staff initially considered a 2 -story parking structure during the early stages of the conceptual
design efforts. Due to the high construction cost associated with the parking structure, which
was estimated to cost approximately $3.5 million, it was removed from the draft conceptual
design. After several parking lot layouts were evaluated, the leading parking lot layout was
selected and shown in the current design (Attachment B). The proposed parking lot will have
128 parking stalls and will replace the existing smaller parking lot, which currently has 64
parking stalls.
Recreational Area
This project also includes a new small recreational area at the northeast comer of the project
site between the proposed parking lot and the existing upper Sunset View Park. This area is
currently undeveloped and is known as lower Sunset View Park. The initial conceptual design
includes a proposed Dog Park at this location with a fenced area for off -leash dogs, a shade
structure and synthetic turf. Refer to Attachment C for the proposed Dog Park alternative.
During the community outreach process, staff received several correspondences from Villa
Balboa residents in opposition to the proposed Dog Park. The primary reasons for the
opposition were associated with potential noise, odor and increase in traffic. During the last
community meeting on October 15, 2019, Villa Balboa residents requested the City consider
other alternatives for the recreational area other than a Dog Park. Three proposed alternatives
for the recreational area include:
21-3
Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot Project — Adoption of
Mitigated Negative Declaration, Approval of Conceptual Design, and Approval of
Professional Services Agreement with Dokken Engineering (Contract No. 8020-5)
November 19, 2019
Page 4
Alternative No. 1 — Dog Park (current alternative, approximately 0.2 acre in size with
separated small and large dog areas)
Alternative No. 2 — Passive Recreation Area (Open Space) adjacent to Parking Lot
(similar grading as dog park alternative with a level grass area down low)
Alternative No. 3 — Passive Recreation Area (Open Space) adjacent to existing upper
Sunset View Park (terraced retaining walls with a level grass area up
high)
Alternative No. 2 involves significant grading and earthwork similar to the Dog Park alternative.
This alternative proposes a level area at lower Sunset View Park with natural turf adjacent to
the parking lot. The 2:1 sloped area between the turf and the existing upper Sunset View Park
will be landscaped. The proposed fencing, shade structure and artificial turf included in the
Dog Park alternative would also be eliminated with Alternative No. 2. Refer to Attachment D
for a plan and cross-sectional view of this alternative.
Alternative No. 3 involves constructing terraced walls at the edge of the proposed parking lot
in order to create a level, natural grass area up high adjacent to the existing upper Sunset View
Park. The terraced areas in front of the walls would be sloped and landscaped. The proposed
grass area will be an extension of the existing upper Sunset View Park and would be accessed
from the existing walkway. This alternative requires less grading and earthwork compared to
Alternatives 1 or 2, and reduces the amount of soil export. Refer to Attachment E for a plan
and cross-sectional view of this alternative.
These alternative concept designs are only for the recreational area element and will not impact
the proposed conceptual design of the pedestrian and bicycle bridge or the parking lot, which
were very well received by the community and the PB&R Commission. This project will also
include some minor amenities such as a drop-off area, a bike node with a fix -it station, and a
drinking water fountain.
Prosect Cost Estimate
The estimated total project cost with the Dog Park alternative is $8,821,000, which consist of
the following:
Planning and Final Design Phases $1,081,000
Construction Phase $5,000,000
Construction Contingency, Material Testing & Inspection (15%) $750,000
Construction Management $700,000
Project Subtotal $7,531,000
Construction Cost Estimate Contingency (20%) $1,290,000
Grand Total $8,821,000
21-4
Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot Project — Adoption of
Mitigated Negative Declaration, Approval of Conceptual Design, and Approval of
Professional Services Agreement with Dokken Engineering (Contract No. 8020-5)
November 19, 2019
Page 5
The estimated cost for Alternative No. 2 is slightly less than the Dog Park alternative since the
synthetic turf, shade structure and fencing are not part of this alternative. It is estimated that
Alternative No. 2 will cost approximately $100,000 less than the Dog Park alternative.
Alternative No. 3 is also estimated to cost approximately $100,000 less than the Dog Park
alternative. Although this alternative involves added cost associated with the terraced retaining
walls, there is a cost savings for the reduced amount of soil export, as well as the removal of
the two staircases from the parking lot to the Dog Park and the elimination of the synthetic turf,
shade structure and fencing associated with the Dog Park alternative.
The above cost estimate reflects Year 2021 dollars, which is when construction is anticipated
to start. There is approximately $5.6 million currently budgeted for this project, which includes
$2,349,600 of federal grant funding for the construction of the pedestrian/bicycle bridge. The
current budget includes sufficient funding for the planning and final design phases. Additional
funding of approximately $3.2 million will be requested for the FY 2020-21 CIP Budget to fund
the construction phase.
Professional Services Agreement with Dokken Engineering
Staff requested proposals from five consulting firms to provide Professional Engineering
services for the Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot project. Two
proposals were received and reviewed by a three-person technical panel. The scoring
for the proposals is as follows:
PROPOSER
TOTAL SCORE
OVERALL RANK
Dokken Engineering
262/300
1
Michael Baker International
250/300
2
Dokken Engineering demonstrated that they were the most qualified firm and have the
expertise and experience needed to complete construction documents for complex bridge
design projects. In addition, Dokken Engineering has successfully completed similar
projects for other local agencies. As part of the proposal evaluation process, staff also
confirmed that the proposed total labor hours are consistent for both firms and the billing
rates for Dokken Engineering are also consistent with industry standards. Therefore, staff
recommends approving a Professional Services Agreement with Dokken Engineering
(Attachment H) to complete the final design efforts for the Superior Avenue
Pedestrian/Bicycle Bridge and Parking Lot project.
The proposed Scope of Work includes field surveying, utility coordination, geotechnical
engineering, hydrology and hydraulic analysis, civil design, bridge design, landscape and
irrigation design, and coordination with various agencies. Construction is tentatively
planned to start in summer of 2021.
21-5
Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot Project — Adoption of
Mitigated Negative Declaration, Approval of Conceptual Design, and Approval of
Professional Services Agreement with Dokken Engineering (Contract No. 8020-5)
November 19, 2019
Page 6
Exemption Process for City -Implemented Projects
Except where the bridge crosses Superior Avenue roadway, the project is located on
properties zoned as Parks and Recreation (PR), and is subject to the provisions of the
Zoning Code. NBMC Section 20.10.040 (Applicability of Zoning Code) provides that:
"No structure shall be altered, erected, or reconstructed in any manner, nor shall any
structure or land be used for any purpose, other than as allowed by this Zoning Code.
The City Council may exempt specific City -implemented projects by adopting a
resolution at a noticed public hearing upon setting forth the specific Code provisions
that would apply in the absence of the exemption" (Emphasis added).
Staff requests that the City Council consider an exemption of the development standards
of NBMC Chapter 20.30 and permit requirements of NBMC Chapter 20.26 (Special
Purpose Zoning Districts (OS, PC, PF, PI, and PR)). Specifically:
• Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls) limits the height
of retaining walls to a maximum of eight feet measured from finish grade at the
base of the wall, not including any required guardrails. In this case, retaining walls
around the perimeter of parking lot area may be up to 25 feet at its highest point
on the southern border of the project site along West Coast Highway. The walls
would gradually shorten in height from finish grade as it continues southeasterly
along West Coast highway and northeasterly along Superior Avenue. Raising the
grade of the parking lot and bridge abutment is necessary to provide a walkable
bridge with a 3 percent slope from the parking lot to the park, to provide adequate
vertical clearance under the bridge to Superior Avenue below, and to balance
earthwork to the greatest extent possible. The design will strategically include
landscaping to screen, soften and buffer planned retaining walls.
• Section 20.30.060 (Height Limits and Exceptions) limits the height of
nonresidential structures with flat roofs in the Shoreline Height Limit Area to 26
feet. In this case, the bridge structure will be up to approximately 36 feet tall on the
east side of Superior Avenue and 38.2 feet tall on the west side of Superior Avenue
as measured from existing grade. This height is necessary to provide sufficient
vertical clearance under the bridge as required by the California Highway Design
Manual.
• Section 20.26.020 (Special Purpose Zoning Districts Land Uses and Permit
Requirements) requires a minor use permit for active and passive parks and
recreational facilities and for parking facilities. The purpose of a minor use permit
is to provide a process for reviewing uses and associated operational
characteristics that may be appropriate in the zoning district, but whose effects on
a site and surroundings cannot be determined before being proposed for a specific
site. In this case, Council is reviewing the project and its compatibility with
surrounding uses in its entirety through the public design and development
process.
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Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot Project — Adoption of
Mitigated Negative Declaration, Approval of Conceptual Design, and Approval of
Professional Services Agreement with Dokken Engineering (Contract No. 8020-5)
November 19, 2019
Page 7
NBMC Title 21 (Local Coastal Implementation Plan
The Project site is located in the Coastal Zone and is within the City's coastal permitting
jurisdiction. The parking lot, bridge, and recreational area are considered new
development and the associated coastal development permit will therefore be reviewed
by the Zoning Administrator upon completion of the preliminary design. The bridge
abutment at Sunset Ridge Park will be processed as an amendment to the existing Sunset
Ridge Park coastal development permit and will be reviewed separately by the California
Coastal Commission.
ENVIRONMENTAL REVIEW:
A Mitigated Negative Declaration (MND) has been prepared by Chambers Group,
Incorporated, in accordance with the implementing guidelines of the California
Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K-
3. The MND was routed to the City Council in advance of this staff report to allow additional
time to review the report. A copy of the MND is available on the City's website, at each
Newport Beach Public Library, and at the City Hall Community Development Department.
The MND does not identify any component of the project that would result in a "potentially
significant impact" on the environment per CEQA guidelines. Based on the analysis of the
Initial Study (IS), the environmental categories within which the project would either have no
impact or less than significant impact were: Aesthetics, Agriculture and Forestry
Resources, Air Quality, Energy, Greenhouse Gas Emissions, Hydrology and Water
Quality, Land Use/Planning, Mineral Resources, Noise, Population and Housing, Public
Services, Recreation, Transportation, Utilities and Sewer Services and Wildfire. Based on
the analysis of the IS, the environmental categories within which the project would have
potentially significant impacts were Biological Resources, Cultural Resources, Geology
and Soils, Hazards and Hazardous Materials, and Tribal Cultural Resources. Specific
mitigation measures have been included to reduce the potentially significant adverse effects
to a less than significant level. A Mitigation Monitoring and Reporting Program (MMRP) has
been prepared for consideration and is attached to the final IS/MND.
The MND was made available for public review for a 30 -day comment period from
September 23, 2019, to October 23, 2019. Staff has received a total of 27 comment letters.
Although not required under CEQA, written responses have been prepared for each of
the comment letters. The comment letters and responses have been attached to the final
IS/MND.
Several comment letters were received both in favor and in opposition to the Dog Park as
proposed. City Council may consider other alternative designs as described in this staff
report for the recreational area. An Errata to the MND has been prepared to ensure that
all project alternatives have been considered and included in the CEQA analysis.
21-7
Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot Project — Adoption of
Mitigated Negative Declaration, Approval of Conceptual Design, and Approval of
Professional Services Agreement with Dokken Engineering (Contract No. 8020-5)
November 19, 2019
Page 8
NOTICING:
Notice of this public hearing was published in the Daily Pilot, mailed to all owners and
residential occupants of property within 300 feet of the boundaries of the site (excluding
intervening rights-of-way and waterways), including the applicant, and posted on the
subject property at least 10 days before the scheduled hearing, consistent with the
provisions of the Municipal Code. Additionally, the item appeared on the agenda for this
meeting, which was posted at City Hall and on the City website.
As part of the MND public review process, the City mailed the Notice of Availability and
Intent to Adopt an MND with a detailed description of the project and MND public review
period and process in the manner described above. Notices were also posted on both
sides of Superior Avenue near pedestrian and vehicle access points to the properties.
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A —
Location Map
Attachment B —
Conceptual Design (Bridge and Parking Lot)
Attachment C —
Dog Park Alternative
Attachment D —
Open Space Adjacent to Parking Lot Alternative
Attachment E
— Open Space Adjacent to Sunset View Park Alternative
Attachment F
—Resolution No. 2019-101 (Exemptions)
Attachment G
— Resolution No. 2019-102 (Final IS/MND with MMRP, Comment Letter
and Responses and Errata to MND)
Attachment H
— Professional Services Agreement
Attachment I
— Public Comments
21-8
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URBAN RESOURCE
CONSULTING CIVIL ENGINEERS
23 MAUCHLY, SUITE 110
IRVINE, CA 92618
PHONE: 949-727-9095
FAX: 949-727-9098
TERRY P. AU, RCE 68466
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ATTACHMENT B -CONCEPTUAL DESIGN
CITY OF NEWPORT BEACH
100 CIVIC CENTER DRIVE
NEWPORT BEACH, CA 92660
PHONE: 949-644-3315
SUPERIOR AVENUE PEDESTRIAN AND
BICYCLE BRIDGE AND PARKING LOT
CITY OF NEWPORT BEACH
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DISTANCE FROM VILLA BALBOA BUILDING TO DOG PARK (MIN 260')
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ATTACHMENT C
ALTERNATIVE NO. 1 - DOG PARK AT LOWER SUNSET VIEW PARK
(CROSS-SECTIONAL VIEW)
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
C-7088-1
11/19/2019
-110
-100
- 90
- 80
- 70
- 60
- 50
- 40
- 30
PROPOSED PASSIVE
RECREATION AREA
ATTACHMENT D
ALTERNATIVE NO. 2 - PASSIVE RECREATION AREA
AT LOWER SUNSET VIEW PARK (CROSS-SECTIONAL VIEW)
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
C-7088-1
11/19/2019
-110
-100
- 90
- 80
- 70
- 60
- 50
- 40
- 30
21-24
ATTACHMENT E
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ATTACHMENT E CITY OF NEWPORT BEACH
ALTERNATIVE NO.3 - PASSIVE RECREATION AREA PUBLIC WORKS DEPARTMENT
EXTENSION OF UPPER SUNSET VIEW PARK (PLAN VIEW) C-7088-1 1 11/19/2019
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EXTENSION OF UPPER SUNSET VIEW PARK SUNSET VIEW PARK
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EXISTING GRASS
PROPOSED GRASS
PROPOSED TERRACE RETAINING WALLS (3)
ATTACHMENT E
ALTERNATIVE NO. 3 - PASSIVE RECREATION AREA
EXTENSION OF UPPER SUNSET VIEW PARK (CROSS-SECTIONAL VIEW)
VILLA BALBOA
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CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
C-7088-1
11/19/2019
-110
-100
- 90
- 80
- 70
- 60
- 50
- 40
- 30
ATTACHMENT F
RESOLUTION NO. 2019-101
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, EXEMPTING A
PUBLIC PARKING LOT, PEDESTRIAN BRIDGE, AND
PUBLIC PARK FROM DEVELOPMENT STANDARDS
AND PERMIT REQUIREMENTS, IN ACCORDANCE WITH
SECTION 20.10.040 OF THE NEWPORT BEACH
MUNICIPAL CODE (PA2019-014)
WHEREAS, the proposed Superior Avenue Pedestrian and Bicycle Bridge and
Parking Lot Project ("Project") is currently within the design stage. Based on the
conceptual design and in anticipation of future procedural steps, this resolution serves to
provide relief and flexibility in the final design phases through exemptions to Title 20
(Planning and Zoning) development standards,-
WHEREAS,
tandards;
WHEREAS, the Project is located on the existing Sunset Ridge Park and parking
lot at 4850 West Coast Highway and the northeast corner of the West Coast Highway
and Superior Avenue intersection in the City of Newport Beach, California ("Properties").
The Project would include the construction of a pedestrian and bicycle bridge over
Superior Avenue, connecting Sunset Ridge Park to a new asphalt parking lot created at
the northeast corner of West Coast Highway, as well as create a recreational area on a
total of 3.4 acres. The pedestrian and bicycle bridge structure will be approximately 240
to 280 feet long, twelve (12) to sixteen (16) feet wide, and eight (8) to sixteen (16) feet
tall. The bottom of the bridge would be approximately twenty (20) feet above Superior
Avenue at its highest point. The new parking lot would consist of approximately 100 to
128 parking spaces. The fenced recreational area would be 0.2 to 0.3 acres in size;
WHEREAS, the City's fiscal year 2019-2020 Capital Improvement Program calls
for the construction of the Superior Avenue overcrossing and replacement of the existing
parking lot with a larger parking lot and small recreation area;
WHEREAS, the Properties are designated Parks and Recreation (PR) by the
Land Use Element of the City of Newport Beach's General Plan ("General Plan") which
is intended to provide active public or private recreational uses, including parks (both
active and passive), golf courses, marina support facilities, aquatic facilities, tennis clubs
and courts, private recreation, and similar facilities. The Properties are located within the
Parks and Recreation (PR) Zoning District, which is intended to provide for areas
appropriate for land used or for active public or private recreational use,-
WHEREAS,
se;
WHEREAS, the Superior Avenue right-of-way is designated as primary arterial,
typically consisting of a four lane divided roadway in the Circulation Element of the
General Plan. The Superior Avenue right-of-way is not located within a zoning district or
coastal zoning district nor does it have a Coastal Land Use Plan designation;
21-27
Resolution No. 2019 -
Page 2 of 4
WHEREAS, the Properties are located in the Coastal Zone. The Properties are
located within the Parks and Recreation (PR) Coastal Land Use Plan category and Parks
and Recreation (PR) Coastal Zoning District. The Project will require a Coastal
Development Permit and an amendment to the Sunset Ridge Park Coastal Development
Permit No. 5-11-302;
WHEREAS, the use of the Property for the Project is consistent with the purpose
and intent of these designations;
WHEREAS, Section 20.10.040(A) of the Newport Beach Municipal Code
("NBMC") authorizes the City Council to exempt City implemented projects by adopting a
resolution at a noticed public hearing upon setting forth the specific NBMC provisions that
apply in the absence of the exemption;
WHEREAS, to allow the City flexibility to implement a functional recreational
area, parking lot, and pedestrian and bicycle bridge to support park activities that serve
the public, flexibility to meet the standards and requirements set forth in Title 20 of the
NBMC, including the minor use permit requirement for a park use (Sections 20.26.010-
20.26.030 — Special Purpose Zoning Districts), maximum building height of the bridge
structure and all parking lot structures (Section 20.30.060 — Height Limits and
Exceptions), and maximum wall and retaining wall height (Section 20.30.040 — Fences,
Hedges, Walls, and Retaining Walls), is necessary,
WHEREAS, the Project is consistent with the PR General Plan Land Use
Designation, which does not include floor area limitations or setback requirements;
WHEREAS, the Project is consistent with the PR Zoning District, which does not
include setback requirements;
WHEREAS, the Project would result in a net increase of parking spaces. The final
design and layout of all parking areas and loading areas shall be subject to the review
and approval of the City Traffic Engineer and the Public Works Department;
WHEREAS, a public meeting was held by the Parks, Beaches, and Recreation
Commission on August 6, 2019, in the City Council Chambers, located at 100 Civic Center
Drive, Newport Beach, California. A notice of time, place and purpose of the meeting was
given in accordance with the California Government Code Section 54950 et seq. ("Ralph
M. Brown Act") and by providing written notice to properties within 300 feet of the Project.
Evidence, both written and oral, was presented to, and considered by, the Parks,
Beaches, and Recreation Commission at this public meeting. At this public meeting, the
Commission recommended City Council approval of the Project design; and
21-28
Resolution No. 2019 -
Page 3 of 4
WHEREAS, a public hearing was held on November 19, 2019, in the City Council
Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time,
place and purpose of the hearing was given in accordance with the Ralph M. Brown Act,
Chapter 20.62 of the NBMC and Section 21092(b) of the Public Resources Code.
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: In accordance with Section 20.10.040 (A) of the NBMC, the City
Council does hereby exempt the Project located at 4850 West Coast Highway and the
northeast corner of the West Coast Highway and Superior Avenue intersection in the City
of Newport Beach, California, as depicted on Exhibit A, from Sections 20.26.010 through
20.26.030, Section 20.30.040 and Section 20.30.060 as set forth in Title 20 (Planning and
Zoning) of the NBMC.
Section 2: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 3: 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 4: The Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot
Project Mitigated Negative Declaration (SCH No. 2019099074) was prepared for the
Project in compliance with California Environmental Quality Act ("CEQA") set forth in
Public Resources Code section 21000 of seq., CEQA, the CEQA Guidelines set forth in
the California Code of Regulations, Title 14 Division 6, Chapter 3, and City Council Policy
K-3. By Resolution No. 2019-_, the City Council, having final approval authority over the
project, adopted and certified as complete and adequate the Superior Avenue Pedestrian
and Bicycle Bridge and Parking Lot Project Mitigated Negative Declaration (SCH No.
2019099074) and adopted "Mitigation Monitoring and Reporting Program." Resolution
No. 2019-_ is hereby incorporated by reference.
21-29
Resolution No. 2019 -
Page 4 of 4
Section 5: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 19th day of November 2019.
Diane B. Dixon
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron C. Harp
City Attorney
Attachment(s): Exhibit A - Aerial Map
21-30
Exhibit A —
General Location of Superior Avenue Pedestrian and Bicycle Bridge
and Parking Lot
E s NEWPORT
SUNSET RIDGE PARK \\ CREST' /Ire
ADDITIONAL
a PUBLIC PARKING VILLA
RA� OA
ti ° AAR ---
RECREATIONAL �
44S _ .. AREA
.,+ WES7.00 HOAG HOSPRAL
LOWERCALIPQ$
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EXHIBIT A CITY OF NEWPORT BEACH
SUPERIOR AVENUE PED ESTRIAN/81CYCLE PUBLIC WORKS DEPARTMENT
BRIDGE AND PARKING LOT
LOCATION MAP C-8020 11/19/2019
21-31
ATTACHMENT G
RESOLUTION NO. 2019-102
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, ADOPTING MITIGATED
NEGATIVE DECLARATION NO. ND2019-002, (SCH#
2019099074) FOR THE SUPERIOR AVENUE PEDESTRIAN
AND BICYCLE BRIDGE AND PARKING LOT PROJECT
(PA2019-014)
WHEREAS, the Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot
Project ("Project") is located on the existing Sunset Ridge Park and parking lot at 4850
West Coast Highway and the northeast corner of the West Coast Highway and Superior
Avenue intersection ("Properties") in the City of Newport Beach, California;
WHEREAS, Sunset Ridge Park and the parking lot Properties are designated
Parks and Recreation (PR) by the Land Use Element of the General Plan ("General Plan")
which is intended to provide active public or private recreational uses, including parks
(both active and passive), golf courses, marina support facilities, aquatic facilities, tennis
clubs and courts, private recreation, and similar facilities. The Properties are located
within the Parks and Recreation (PR) Zoning District, which is intended to provide for
areas appropriate for land used or proposed for active public or private recreational use;
WHEREAS, the Properties are located in the Coastal Zone. The Properties are
located within the Parks and Recreation (PR) Coastal Land Use Plan category and Parks
and Recreation (PR) Coastal Zoning District. The Project will require a Coastal
Development Permit and an amendment to the Sunset Ridge Park Coastal Development
Permit No. 5-11-302;
WHEREAS, the Superior Avenue right-of-way is designated as primary arterial
which is typically a four lane divided roadway in the Circulation Element of the General
Plan. The Superior Avenue right-of-way is not located within a zoning district or coastal
zoning district nor does it have a Coastal Land Use Plan designation;
WHEREAS, the use of the Property and right-of-way for the Project is consistent
with the purpose and intent of these designations;
WHEREAS, the City's fiscal year 2019-2020 Capital Improvement Program calls
for the construction of the Superior Avenue overcrossing and replacement of the existing
parking lot with a larger parking lot and small recreation area;
21-32
Resolution No. 2019- _
Page 2 of 5
WHEREAS, construction of the Project will: (1) improve safety and access to
Sunset Ridge Park for pedestrians and bicyclists by eliminating the need to cross Superior
Avenue via the existing at -grade crosswalk; (2) provide additional parking spaces to better
serve both passive uses and organized sporting events at Sunset Ridge Park in an area
where parking is limited; (3) reduce traffic signal wait times by shifting pedestrian and
bicycle traffic from the at -grade crosswalk to the bridge; and (4) expand recreational
options in this part of the City by developing a small recreational area just below Sunset
View Park;
WHEREAS, a public meeting was held by the Parks, Beaches, and Recreation
Commission on August 6, 2019, in the City Council Chambers, located at 100 Civic Center
Drive, Newport Beach, California. A notice of time, place and purpose of the public
meeting was given in accordance with the California Government Code Section 54950 et
seq. ("Ralph M. Brown Act") and providing written notice to properties within 300 feet of
the Project. Evidence, both written and oral, was presented to, and considered by, the
Parks, Beaches, and Recreation Commission at this public meeting. At this public
meeting, the Commission recommended City Council approval of the Project design;
WHEREAS, a public hearing was held by the City Council on November 19, 2019,
in the City Council Chambers, located at 100 Civic Center Drive, Newport Beach, California.
A notice of time, place and purpose of the meeting was given in accordance with the
Ralph M. Brown Act, Chapter 20.62 of the Newport Beach Municipal Code ("NBMC") and
Section 21092(b) of the Public Resources Code. Evidence, both written and oral, was
presented to, and considered by, the City Council at this meeting; and
WHEREAS, after thoroughly considering the Mitigated Negative Declaration
("MND") for the Project, and the public testimony and written submissions of all interested
persons desiring to be heard, the City Council finds the following facts, findings, and
reasons to support adopting the MND:
1. Pursuant to the California Environmental Quality Act, Public Resources Code
Sections 21000, et seq. ("CEQA"), Sections 15000 et seq. of the California Code
of Regulations Title 14, Division 6, Chapter 3 ("CEQA Guidelines"), and City
Council Policy K-3, the Project meets the definition of a project, as defined in
Section 21080 of CEQA and Section 15002 of the CEQA Guidelines, and as such
subject to environmental review.
2. The City caused to be prepared an Initial Study/MND in compliance with CEQA,
the CEQA Guidelines and City Council Policy K-3.
21-33
Resolution No. 2019- _
Page 3 of 5
3. Notice of the availability of the draft MND was provided and, as required by
21091(b) of CEQA, the draft MND was made available for public review for a thirty
(30) day comment period beginning on September 23, 2019 and ending October
23, 2019. Notice of the Availability of the draft MND was given in accordance with
Section 21091(d) and (f) and 21092. Twenty eight (28) comment letters were
received during the thirty (30) day public review period.
4. Although not required pursuant to CEQA, written responses to the twenty eight
(28) comments received were prepared. The comments and responses were
considered by the City Council while considering the adoption of the MND. The
comments to the MND and responses to comments do not change the
determinations or represent a significant departure that warrant recirculation of the
MND because no new avoidable significant effects were identified.
5. Pursuant to Section 21080.3.1 of CEQA, the City is required to consult with
California Native American tribes that have requested in writing to be informed of
proposed projects in the geographic area that is traditionally and culturally affiliated
with the tribe. Two (2) tribes had requested notification in writing at the time the
notification was prepared. The tribes were provided notice on June 27, 2019.
Section 21080.3.1 requires thirty (30) days prior to City Council action to allow tribe
contacts to respond to the request to consult. A response letter was received from
the Gabrieleno Band of Mission Indians-Kizh Nation on July 8, 2019, requesting
that a monitor from their tribe oversee ground -disturbing construction work. Staff
consulted with their representative, Mr. Andrew Salas, by phone and in writing
regarding the matter. Mr. Salas expressed concern with the Project's proximity to
potential tribal cultural resources. In response, and out of abundance of caution,
the City has agreed to retain a tribal monitor in the unlikely event any resources
are found and the MND a mitigation measure has been included accordingly. As a
result, Mr. Salas, the representative for the Gabrieleno Band of Mission Indians-
Kizh Nation, agreed that the implementation of this mitigation measure would be
sufficient and the consultation was closed.
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Resolution No. 2019- _
Page 4 of 5
6. The following environmental factors were identified as potentially affected by the
implementation of the Project: Aesthetics, Agriculture and Forestry Resources, Air
Quality, Biological Resources, Cultural Resources, Energy, Geology and Soils,
Greenhouse Gas Emissions, Hazards and Hazardous Materials, Hydrology and
Water Quality, Land Use/Planning, Mineral Resources, Noise, Population and
Housing, Public Services, Recreation, Transportation, Tribal Cultural Resources,
and Utilities and Sewer Services and Wildfire. These topics were the subject of the
MND analysis, and potential impacts were identified. The MND includes mitigation
measures to reduce the potentially significant adverse effects to a less than
significant level related to Biological Resources, Cultural Resources, Geology and
Soils, Hazards and Hazardous Materials, and Tribal Cultural Resources. All other
environmental factors, identified above, were determined to have no impact, or
less than significant impact.
7. The draft MND and the final MND which includes the Responses to Comments,
Errata, and Mitigation Monitoring and Reporting Program ("Final MND") are
attached as Exhibits "A", "B", and "C," respectively, and incorporated herein by
reference. The documents and all related materials, which constitute the record
upon which this decision was based, are on file with the Planning Division (Bay 1-
B), City of Newport Beach, 100 Civic Center Drive, Newport Beach, California.
8. On the basis of the entire environmental review record, the Project, with mitigation
measures, will have a less than significant impact upon the environment and there
are no known substantial adverse effects on human beings that would be caused.
Additionally, there are no long-term environmental goals that are compromised by
the Project, nor cumulative impacts anticipated in connection with the Project. The
mitigation measures identified by the Final MND and incorporated in the Mitigation
Monitoring and Reporting Program are feasible and will reduce potential
environmental impacts to a less than significant level.
NOW THEREFORE, the City Council of the City of Newport Beach, California,
resolves as follows:
Section 1: The City Council of the City of Newport Beach does hereby adopt the
Mitigated Negative Declaration No. ND2019-002 (SCH# 2019099074), which is attached
hereto as Exhibits "A" and "B" and "C", and which are incorporated herein by reference.
Section 2: The City Council of the City of Newport Beach directs the Public Works
Director to incorporate the mitigation measures contained in the Mitigation Monitoring and
Reporting Program MND included in Exhibit "C" in the plans and specifications for the
Project to be implemented.
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Resolution No. 2019- _
Page 5 of 5
Section 3: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution, and constitute, in part, the findings
of the City Council for the adoption of the MND No. ND2019-002 SCH# 2019099074.
Section 4: If any section, subsection, sentence, clause or phrase of this resolution
is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the
validity or constitutionality of the remaining portions of this resolution. The City Council
hereby declares that it would have passed this resolution, and each 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 5: This resolution shall take effect immediately upon its adoption by the City
Council and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 19th day of November, 2019.
Diane B. Dixon
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron C. Harp
City Attorney
Attachments: Exhibit A — Draft Mitigated Negative Declaration
Exhibit B - Final Mitigated Negative Declaration
Exhibit C - Mitigation Monitoring and Reporting Program
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Exhibit "A"
Draft Mitigated Negative Declaration
• Notice of Intent to Adopt
• Initial Study
• Environmental Analysis
• Appendices
• Responses to Comments
• Errata
Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot
Project
Mitigated Negative Declaration No. ND2019-002 (PA2019-014
State Clearinghouse Number 2019099074
(Available separate due to bulk)
www. newportbeachca.gov/ceaa
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Exhibit "B"
Final Mitigated Negative Declaration including
Responses to Comments and Errata
Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot
Project
Mitigated Negative Declaration No. ND2019-002 (PA2019-014)
State Clearinghouse Number 2019099074
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FINAL
MITIGATED NEGATIVE DECLARATION
SUPERIOR AVENUE PEDESTRIAN AND BICYCLE
BRIDGE AND PARKING LOT PROJECT
Newport Beach, CA
(Orange County)
Prepared for:
CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, CA 92660
Prepared by:
CHAMBERS GROUP, INC.
5 Hutton Centre Drive, Suite 750
Santa Ana, California 92707
November 5, 2019
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TABLE OF CONTENTS
Page
SECTION 1.0 — PROJECT DESCRIPTION AND ENVIRONMENTAL SETTING...............................................4
1.1
PROJECT OVERVIEW..................................................................................................................... 4
1.2
CEQA REQUIREMENTS..................................................................................................................4
1.3
PURPOSE OF INITIAL STUDY......................................................................................................... 4
1.4
INCORPORATION BY REFERENCE.................................................................................................. 4
1.5
LOCATION AND EXISTING CONDITIONS........................................................................................ 6
1.6
PROJECT PURPOSE AND OBJECTIVES............................................................................................ 6
1.7
PROJECT DESCRIPTION................................................................................................................. 7
1.7.1 Superior Avenue Pedestrian and Bicycle Bridge.............................................................. 7
1.7.2 Superior Parking Lot......................................................................................................... 8
1.7.3 Dog Park........................................................................................................................... 9
1.7.4 Construction.....................................................................................................................9
1.8
REQUIRED PERMITS AND APPROVALS.......................................................................................... 9
SECTION2.0 — FINDINGS...................................................................................................................11
SECTION 3.0 — MITIGATION MEASURES............................................................................................12
SECTION4.0—CIRCULATION.............................................................................................................15
SECTION 5.0 — COMMENTS AND RESPONSES....................................................................................16
5.1 CEQA REQUIREMENTS REGARDING COMMENTS AND RESPONSES ........................................... 16
5.2 COMMENTS AND RESPONSE TO COMMENTS RECEIVED ON THE DRAFT IS/MND .................... 16
SECTION 6.0 — REVISIONS TO THE DRAFT MITIGATED NEGATIVE DECLARATION ...............................148
SECTION 7.0 — MITIGATED NEGATIVE DECLARATION.......................................................................153
SECTION 8.0 — REFERENCES.........................................................
......154
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LIST OF TABLES
Table 1: Commenting Individuals and Agencies ......................................................................................... 16
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SECTION 1.0 — PROJECT DESCRIPTION AND ENVIRONMENTAL SETTING
1.1 PROJECT OVERVIEW
The City of Newport Beach (City) proposes the construction of a pedestrian and bicycle bridge
overcrossing Superior Avenue, a new larger parking lot with a range of 100 to 128 parking spaces and a
fenced dog park (Project) on an approximately 3.4 -acre site. The proposed bridge will connect Sunset
Ridge Park to the new asphalt parking lot located at the northeast corner of West Coast Highway and
Superior Avenue.
1.2 CEQA REQUIREMENTS
In accordance with the California Environmental Quality Act (CEQA) (Public Resources Code Sections 2100-
21177) and pursuant to Section 15063 of Title 14 of the California Code of Regulations (CCR), the City,
acting in the capacity of Lead Agency, is required to undertake the preparation of an Initial Study (IS) to
determine if the proposed project would have a significant environmental impact. If the Lead Agencyfinds
that there is no evidence that the project, either as proposed or as modified to include the mitigation
measures identified in the IS, may cause a significant effect on the environment, the Lead Agency must
find that the project would not have a significant effect on the environment and must prepare a Negative
Declaration or Mitigated Negative Declaration for that project. Such determination can be made only if,
"there is no substantial evidence in light of the whole record before the Lead Agency" that such impacts
may occur (Section 21080(c), Public Resources Code).
This environmental documentation is intended as a formal document undertaken to provide an
environmental basis for subsequent discretionary actions upon the project. The resulting documentation
is not, however, a policy document and its approval and/or certification neither presupposes nor
mandates any actions on the part of those agencies from whom permits, and other discretionary
approvals would be required. The environmental documentation and supporting analysis are subject to a
public review period.
Following review of any comments received, the City of Newport Beach will consider these comments as
part of the Project's environmental review and include them with the IS documentation for consideration
by the City.
1.3 PURPOSE OF INITIAL STUDY
The City has prepared this IS to provide the public and responsible agencies with information about the
potential environmental impacts associated with implementation of the proposed Project. This IS includes
a project -level analysis of the potential effects associated with the Project.
1.4 INCORPORATION BY REFERENCE
Pursuant to the CEQA Guidelines 15150 — Incorporation by Reference, this Initial Study / Mitigated
Negative Declaration shall incorporate by reference all or portions of other technical documents and
reports as a matter of public record. The documents listed below relate to the proposed Project or
provides additional materials related to the proposed Project setting. Where all or part of another
document is incorporated by reference, the incorporated language shall be considered to be set forth in
full as part of the text of this Initial Study/Mitigated Negative Declaration. The information incorporated
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into this document is referenced in Section 5. References. The information is based on the following
technical studies and/or planning documents.
City of Newport Beach General Plan (Approved on November 7, 2006)
The General Plan Environmental Impact report addresses the potential environmental effects of the
City of Newport Beach's proposed General Plan Updates. This is a comprehensive plan that discusses
the future potential growth and development within the City. The General Plan consists of ten of
elements that covers the following areas:
• Land Use Element
• Harbor and Bay Element
• Housing Element
• Historical Resources Element
• Circulation Element
• Recreation Element
• Arts and Cultural Element
• Natural Resources Element
• Safety Element
• Noise Element
Each element discusses specific goals and policies to maintain the natural and built environments
within the City. Since its adoption, sections of the General Plan have been updated including the 2008
Safety Element and the 2014-2021 Housing Element Update. The proposed Project is located within
the City of Newport Beach and would be subject to the general plans' goals, policies, and guidelines
to maintain the City's long-term vision.
Coastal Land Use Plan (Adopted on July 26, 2016)
The Coastal Land Use Plan was prepared in accordance with the California Coastal Act of 1976. The
plan sets for the objectives and policies of land and water use within the coastal zone of the City of
Newport Beach. The proposed Project is located within the coastal zone of the City of Newport Beach
and would be subject to the guidelines and policies under the plan.
Local Coastal Implementation Plan (Approved on November 22, 2016).
The Local Coastal Implementation Plan is also available at the City of Newport Beach Municipal Code
website which is updated as of 2019. The Local Coastal Implementation Plan is the primary tool used
by the City of Newport Beach to carry out the objectives and policies of the Coastal Land Use Plan and
ensure activities and other proposed development are consistent with the Coastal Land Use Plan. The
proposed Project is located within the coastal zone of the City of Newport Beach and would be subject
to the guidelines and policies in the Coastal Land Use Plan.
City of Newport Beach Municipal Code (Approved on April 23, 2019)
The City of Newport Beach Municipal Code covers all aspects of regulations including zoning, vehicle
requirements, planning and zoning, local coastal program implementation, ordinance listing, and
other development related requirements. Approved on October 26, 2010, the purpose of the Zoning
Code is to carry out the policies identified in the City of Newport Beach General Plan. The Zoning Code
also promotes the development of the City, protection of public health, safety, peace, comfort and
general welfare. It provides guidance in the protection of the character, social, and economic vitality
of the neighborhoods.
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The proposed Project is located within the City of Newport Beach and would be required to comply
with the objectives and policies relating to construction land uses, and development within the City
of Newport Beach.
1.5 LOCATION AND EXISTING CONDITIONS
The proposed Project is located within the City of Newport Beach and is located approximately 1,000 feet
from the coastline (Figure 2-1). Due to the proximity to the coast, the area receives a significant amount
of pedestrian and bicycle traffic. Sunset Ridge Park, constructed in December 2014, is a 13.7 -acre active
park with a baseball field and two soccer fields. Visitors to Sunset Ridge Park use the existing parking lot
across Superior Avenue and cross at the at -grade Superior Avenue/West Coast Highway intersection
because no on-site parking is provided at Sunset Ridge Park.
Currently, an existing City -owned parking lot with 64 metered parking stalls is located at the northeast
corner of this intersection. The existing Superior Parking Lot is approximately 0.64 acres, with the driveway
to the parking lot at approximately 0.17 acres. Access to the existing parking lot is available via an entrance
off Superior Avenue for vehicles, and via a concrete pathway from the intersection of Superior Avenue
and Coast Highway for pedestrians and bicyclists. Directly east of the existing parking lot is an
undeveloped piece of land with steep slopes with ground elevations ranging from approximately 10 feet
near West Coast Highway to approximately 75 feet near Sunset View Park based on the North American
Vertical Datum of 1988 (NAVD 88), with some existing vegetation. Properties and land uses adjacent to
the Project site include Sunset Ridge Park, Sunset View Park, Villa Balboa and Newport Crest residential
communities, and the lower campus of Hoag Hospital. A shopping center and the Lido Sands residential
community are located to the south across West Coast Highway from the Project site.
The entire Project site is within the boundary of the coastal zone as established by the California Coastal
Act and is therefore under the land use planning and regulatory jurisdiction not only of local government
agencies but also the California Coastal Commission (Commission). The City of Newport Beach Local
Coastal Program includes a Coastal Land Use Plan and Local Coastal Program Implementation Plan (City
of Newport Beach 2017a, City of Newport Beach 2017b). The Coastal Land Use Plan sets the goals,
objectives, and policies that administers uses of the land and water within its sphere of influence
(excluding Newport Coast and Banning Ranch). The Coastal Land Use Plan is divided in subsections for
land use and development, public access and recreation, and coastal resource protection (City of Newport
Beach 2017a). The purpose of the Local Coastal Program Implementation Plan is to implement policies of
the California Coastal Act to protect, maintain, enhance, and restore the coastal zone environment. Site
development must be consistent with the requirements of the Local Coastal Program and Coastal Act.
1.6 PROJECT PURPOSE AND OBJECTIVES
West Coast Highway and Superior Avenue are major arterials with a high volume of vehicular traffic. The
purpose of the bridge is to improve safety and access to Sunset Ridge Park and to improve the vehicular
efficiency of the Superior Avenue/West Coast Highway intersection. Specifically, the objectives of the
Project are:
• To improve safety and access to Sunset Ridge Park for pedestrians and bicyclists by eliminating
the need to cross Superior Avenue via the existing at -grade crosswalk.
• To provide additional parking spaces to better serve both passive uses and organized sporting
events (mostly youth) at Sunset Ridge Park in an area where parking is limited.
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• To reduce traffic signal wait times by shifting pedestrian and bicycle traffic from the at -grade
crosswalk to the bridge.
• To expand recreational options in this part of the City by developing a small dog park just below
Sunset View Park, adjacent to the expanded parking lot.
1.7 PROJECT DESCRIPTION
The City proposes the construction of a pedestrian and bicycle bridge overcrossing Superior Avenue, a
new larger parking lot and a fenced dog park approximately 3.4 acres in size. Individual Project
components are outlined below.
1.7.1 Superior Avenue Pedestrian and Bicycle Bridge
The Steel Truss bridge option would span Superior Avenue and would be approximately 240 feet long,
approximately 12 to 16 feet wide, and 16 feet tall. The bottom of the bridge's superstructure would be
approximately 17 to 25 feet above the asphalt surface. The Steel Truss bridge would have steel members
across the top of the bridge. This bridge option will be a single span bridge with steel piles to support the
superstructure.
The Concrete Cast -in -Place bridge option would span Superior Avenue and would be approximately 280
feet long, approximately 12 to 16 feet wide, and 8 feet tall. The bottom of the bridge's superstructure
would be approximately 17 to 25 feet above the asphalt surface. The Concrete Cast -in -Place bridge would
be open and not include any ceiling or roof. This bridge option will be a 3 -span structure with deep
concrete foundations to structurally support the superstructure.
Minimal lighting would be provided along the bridge for safety and security. The security lighting would
be down -shielded to prevent light scatter.
A new staircase will provide access to the parking lot and bridge from the north side of West Coast
Highway. Additionally, the proposed Project would include the construction of a new sidewalk/bike path
from the modified parking lot entrance to the proposed bridge. Access to the bridge from Sunset Ridge
Park will be from the southeastern edge of the park, adjacent to the intersection of the path from Superior
Avenue to the park and the bike/pedestrian path surrounding the park. The bridge access from the Sunset
Ridge Park side will be approximately 145 feet from the intersection of Coast Highway and Superior
Avenue. Due to the installation of the bridge, the location of the traffic signal at the intersection of West
Coast Highway and Superior Avenue will need to be moved in orderto provide proper height and visibility.
The proposed bridge would help facilitate movement of pedestrians and bicyclists across Superior Avenue.
The bridge is being designed to be mindful of view lines and the potential for visual obstruction. The two
options being considered for the bridge design include either a steel truss bridge or a concrete cast -in-
place bridge as shown in the images below.
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Steel Truss Bridge Concept (Single Span)
Concrete Cast -in -Place Bridge Concept (3 -Span)
1.7.2 Superior Parkine Lot
The proposed bridge would connect Sunset Ridge Park to a new, larger asphalt parking lot with a range of
100 to 128 parking spaces approximately 3.4 acres in size. The total area of impervious surface will include
the parking lot and sidewalks, which totals approximately 65,000 square feet. Minimal additional security
lighting would be provided within the parking lot for safety purposes. The security lighting would be down -
shielded to prevent light scatter. Drought tolerant landscaping will be provided, and new trees will be
planted. The parking lot will be operated in the same manner as the existing parking lot with paid metered
parking spaces from 8 a.m. to 6 p.m.; and the parking lot would remain open for 24 hours per day.
The construction of the proposed parking lot will require demolition of the existing parking lot and
significant grading and earthwork. Excavation would be greatest (up to 27 feet) at the east side of the
Project site. The construction of the new parking lot would also require installation of several retaining
walls with a height of up to 25 feet on the southern border of the Project site along West Coast Highway.
The existing Project site is on a relatively steep slope with ground elevations ranging from approximately
10 feet by West Coast Highway to approximately 75 feet by Sunset View Park per NVAD 88. Construction
of the parking lot may include a bicycle node (fix -it station) and a drinking water fountain.
Optional Road Extension to Adjacent Property
The City is currently working with the adjacent land owner (Hoag Memorial Hospital) to determine the
feasibility of extending an access road through the redeveloped parking lot to connect to the lower
campus of Hoag Memorial Hospital. If this option is to be exercised, the entrance from Superior Avenue
will be extended to connect with the existing parking lot within Hoag Memorial Hospital.
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1.7.3 Dog Park
Construction of the proposed Project would also include the installation of a fenced dog park with 6 -foot
tall fences, separating large and small dogs, which may include benches and trash cans. The dog park will
be 0.2 to 0.3 acres in size. The dog park would require a new water service for the water fountain and for
irrigation. Security lighting at the dog park would be down -shielded to prevent light scatter. Hours at the
dog park would be consistent with the Municipal Code which restricts park hours to between 6:00 a.m.
and 11:00 p.m. In addition, a shade structure may be installed at the dog park, approximately 10 to 15
feet in height. The top of the shade structure would be below the Sunset View Park ground elevation and
would be designed to protect public coastal views.
1.7.4 Construction
Construction of the proposed Project is scheduled to begin in early 2021 and reach completion in
approximately 14 to 18 months. Since existing recreational activities occur at Sunset Ridge Park (soccer in
the Fall and baseball in the Spring), construction activities would be scheduled during low usage months
to avoid recreational events, or these events could be relocated to an alternate location temporarily if
alternate/temporary parking cannot be allowed closer to the park.
The work will occur predominantly during daytime work hours (7:00 a.m. to 4:30 p.m.); however,
occasional nighttime work may be required depending on bridge design to minimize public inconvenience
and provide public safety. If the City decides to proceed with the steel truss bridge option, it is anticipated
that Superior Avenue would be closed at night to accommodate the installation of the proposed bridge
superstructure. For nights where street closures would occur, alternate traffic routes and detour signage
would be posted so as not to interfere with the public's access to the beach per Section 21101 of the
Vehicle Code and Section 21.44.055 Temporary Street Closures of the Local Coastal Program
Implementation Plan (City of Newport Beach 2107b). In addition, depending on the bridge design,
temporary re -striping of Superior Avenue may need to occur to construct the bridge supports.
Construction equipment would include a grader, excavator, dozer, loader, crane, pile driver or drilling rig,
grinder, dump trucks, rollers, and asphalt paving machine. Construction staging for the proposed Project
would occur within the existing parking lot. After construction of the proposed Project, Superior Avenue
may need pavement rehabilitation or restoration.
Construction of the proposed Project may require intermittent sidewalk closures on Superior Avenue and
the north side of West Coast Highway for the construction of bridge abutments, grading, and modifying
the existing entrance to the new parking lot and landscaping.
Construction will result in the excavation of excess soil, beyond what is required for fill purposes. This
excess soil of approximately 20,000 to 25,000 cubic yards will be used to fill the need for soil in local
projects and is expected to be transported to locations within a radius of approximately 50 miles. Any
other construction debris would be disposed of by the construction contractor consistent with City
disposal requirements and those of the receiving site.
1.8 REQUIRED PERMITS AND APPROVALS
A public agency, other than the Lead Agency, that has discretionary approval power over a project is
referred to under the CEQ4 Guidelines as a "Responsible Agency." Reviewing Agencies include those
agencies that do not have discretionary powers but may review the IS/MND for adequacy and accuracy.
Potential Reviewing Agencies and Responsible Agencies include the following:
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Responsible Agencies
State of California
• California Coastal Commission —Coastal Development Permit Amendment
0 Caltrans — NEPA document lead agency
Local
City of Newport Beach— CEQA document Lead Agency Coastal Development Permit, Grading and
Building Permits
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SECTION 2.0—FINDINGS
An Initial Study has been prepared to assess the Proposed Project's potential impacts on the environment
and the significance of those impacts and was incorporated in the Draft MND. Based on this Initial Study,
it has been determined that the Proposed Project would not have any significant impacts on the
environment once all proposed mitigation measures have been implemented. This conclusion is
supported by the following findings:
■ No potential was found for adverse impacts on agriculture and forestry resources, land use and
planning, mineral resources, recreation, wildfire threats associated with the Proposed Project.
■ Potential adverse impacts resulting from the Proposed Project were found to be less than
significant in the following areas: aesthetics, air quality, energy, greenhouse gas emissions,
hydrology and water quality, noise, population and housing, public services, transportation,
utilities and service systems,
■ Full implementation of the proposed mitigation measures included in this MND would reduce
potential project -related adverse impact on biological resources, cultural resources, geology and
soils, hazards and hazardous materials, and tribal cultural resources to a less than significant level.
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SECTION 3.0 — MITIGATION MEASURES
The following mitigation measures and project conditions have been incorporated into the scope of work
for the Proposed Project and will be fully implemented by the District to avoid or minimize adverse
environmental impacts identified in this MND. These mitigation measures will be included in the
Mitigation Monitoring and Reporting Program (MMRP) prepared for this project.
MM BIO -1: Project -related activities likely to have the potential to disturb suitable bird nesting habitat
shall be prohibited from February 15 through August 31, unless a Project Biologist acceptable to the City
of Newport Beach surveys the Project area prior to disturbance to confirm the absence of active nests.
Disturbance shall be defined as any activity that physically removes and/or damages vegetation or habitat
or any action that may cause disruption of nesting behavior such as loud noise from equipment and/or
artificial night lighting. Surveys shall be conducted weekly, beginning no earlier than 30 days and ending
no later than 3 days prior to the commencement of disturbance. If an active nest is discovered,
disturbance within a particular buffer shall be prohibited until nesting is complete; the buffer distance
shall be determined by the Biologist in consideration of species sensitivity and existing nest site conditions.
Limits of avoidance shall be demarcated with flagging or fencing. The Biologist shall record the results of
the recommended protective measures described above and shall submit a memo summarizing any nest
avoidance measures to the City of Newport Beach to document compliance with applicable State and
federal laws pertaining to the protection of native birds. Similarly, for preserved vegetation that occurs
within 50 to 100 feet of construction activities, if construction is occurring during the nesting season,
preserved vegetation shall be surveyed for the presence of nesting birds.
MM BIO -2: Flag or install construction fencing or silt fencing along the proposed Project boundaries to
delineate construction limits and to prevent encroachment into adjacent natural communities. The limits
of both the Superior and West Coast Highway wetlands will be clearly demarcated in the field and all on-
site construction personnel will be informed about the wetland avoidance area prior to the
commencement of construction activities. The construction contractor will install a solid protective
barrierthat is clearlyvisible to construction personnel, particularly any construction equipment operators,
and that prevents any incidental discharge of soil or debris into the jurisdictional wetlands. Furthermore,
a biologist will monitor the construction work to ensure that encroachment into the wetlands does not
occur.
MM BIO -3: Gravel bags should be placed along the tops of the v -ditches in order to minimize erosion and
to prevent construction debris and potentially hazardous materials from entering the waterway during a
rain event.
MM BIO -4: Artemisia californica-Eriogonum fasciculatum Shrubland located within the proposed Project
footprint should be avoided to the greatest extent feasible.
Artemisia californica-Eriogonum fasciculatum Shrubland located within the proposed Project
footprint, that may be avoided, shall be flagged or construction or silt fencing should be installed
along the avoidable vegetation to delineate construction limits and to prevent encroachment into
adjacent natural communities.
Any impacts to Artemisia californica-Eriogonum fasciculatum Shrubland which cannot be avoided
will be mitigated through one of the following, in order of priority:
o Onsite Mitigation: Any temporary impacts to CSS will be revegetated within the Sunset
Ridge planted area, in areas that are not currently vegetated. Specifically, there is an
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opportunity for revegetation in an area outside of the delineated wetlands that, with
approval from the Commission, could provide additive benefits to the Sunset Ridge Park
planted area, immediately to the northeast of the Project site. This will provide a
continuation of the CSS habitat previously revegetated onsite. The City will replant the area
to be equivalent to existing conditions, which consists of superior high-quality native
vegetation with coverage of primarily CSS. If this area is not approved for revegetation by
the Commission, alternative onsite mitigation opportunities will be evaluated.
o Offsite Mitigation: Additive habitat assessment in the area adjacent to the project site within
the replanted CSS would be provided to mitigate impacts from direct disturbance from the
bridge structure and potential impacts from shading.
MM BI0-5: Following completion of the construction activities, the City will conduct monthly monitoring
of the West Coast Highway wetlands to evaluate and document the associated conditions to determine if
any unforeseen impacts from the proposed construction activities are occurring. This monthly monitoring
will continue for up to one year, or until such time as it can be sufficiently demonstrated that the wetlands
will continue to persist in perpetuity. If it is determined during post -construction monitoring that
construction has resulted in an unexpected impact to the wetlands, appropriate remedial actions will be
implemented by the City. For instance, an unforeseen disruption or obstruction of subsurface hydrology
to the wetlands may warrant the City's provision of an alternative water source that would continue to
supply sufficient water to sustain the wetlands.
MM CUL -1: If archaeological or paleontological resources are discovered during construction, all
construction activities in the general area of the discovery shall be temporarily halted until the resource
is examined by a qualified monitor, retained by the Developer. The monitor shall recommend next steps
(i.e., additional excavation, curation, preservation, etc.). Therefore, impacts would be less than significant
with mitigation incorporated.
MM CUL -2: During proposed Project construction, activities will be halted, and an archaeologist must be
available to evaluate the find. If human remains are encountered, State Health and Safety Code Section
7050.5 states that no further disturbance shall occur until the County Coroner has made a determination
of origin and disposition pursuant to Public Resources Code (PRC) Section 5097.98. The County Coroner
must be notified of the find immediately. If the remains are determined to be Native American, the County
Coroner will notify the Native American Heritage Commission (NAHC), which will determine and notify a
Most Likely Descendant (MLD). With the permission of the landowner or his/her authorized
representative, the MLD may inspect the site of the discovery. The MLD shall complete the inspection
within 48 hours of notification by the NAHC. The MLD may recommend scientific removal and
nondestructive analysis of human remains and items associated with Native American burials.
MM PALEO-1: All project -related ground disturbance that could potential impact the Monterey Formation
and the Old Paralic Deposits will be monitored by a qualified paleontological monitor on a full-time basis,
as these geologic units are determined to have a high paleontological sensitivity. Project -related
excavations that occur in surficial younger alluvial deposits (not mapped in the current study area but
existing in the vicinity) will be monitored on a part-time basis to ensure that underlying paleontologically
sensitive sediments are not being impacted. Excavations exceeding 5 feet in depth in Quaternary alluvium
will be monitored on a full-time basis.
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MM PALEO-2: A qualified paleontologist will be retained to supervise monitoring of construction
excavations and to produce a Paleontological Monitoring and Mitigation Plan for the proposed project.
Paleontological resource monitoring will include inspection of exposed rock units during active
excavations within sensitive geologic sediments. The monitor will have authority to temporarily divert
grading away from exposed fossils and halt construction activities in the immediate vicinity in order to
professionally and efficiently recover the fossil specimens and collect associated data. The qualified
paleontologist will prepare progress reports to be filed with the lead agency.
MM PALEO-3: At each fossil locality, field data forms will be used to record pertinent geologic data,
stratigraphic sections will be measured, and appropriate sediment samples will be collected and
submitted for analysis.
MM PALEO-4: Matrix sampling would be conducted to test for the presence of microfossils. Testing for
microfossils would consist of screen -washing small samples (approximately 200 pounds) to determine if
significant fossils are present. If microfossils are present, additional matrix samples will be collected (up
to a maximum of 6,000 pounds per locality to ensure recovery of a scientifically significant microfossil
sample).
MM PALED -5: Recovered fossils will be prepared to the point of curation, identified by qualified experts,
listed in a database to facilitate analysis, and reposited in a designated paleontological curation facility.
The most likely repository is the SDNHM.
MM HAZ-1: Any contaminated soils or other hazardous materials removed from the proposed Project site
shall be transported only by a Licensed Hazardous Waste Hauler who shall be in compliance with all
applicable State and federal requirements, including U.S. Department of Transportation regulations under
Title 49 of the CFR (Hazardous Materials Transportation Act), California Department of Transportation
standards, Occupational Safety and Health Administration standards, and the Resource Conservation and
Recovery Act (42 United States Code §6901 et seq.). The City of Newport Beach Public Works and
Community Development Departments shall verify that only Licensed Haulers who are operating in
compliance with regulatory requirements are used to haul hazardous materials.
MM TCR -1: Prior to issuance of any grading permit, the Applicant shall provide satisfactory evidence that
a Native American monitor (i.e., Gabrieleno Band of Mission Indians-Kizh Nation), has been retained to
observe ground disturbance activities during grading and excavation. In the event that tribal cultural
resources are discovered, the Native American monitor shall be included in the consultation on the
recommended next steps.
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SECTION 4.0 — CIRCULATION
On September 23, 2019, the City of Newport Beach circulated a Notice of Intent to Adopt a Mitigated
Negative Declaration and Initial Study to responsible agencies, trustee agencies, interest groups, and the
general public. In accordance with the California Environmental Quality Act (CEQA) Section 21091 and
State CEQA Guidelines Section 15073, a 30 -day public review period for the Final IS/MND was provided
from September 23, 2019 to October 23, 2019. Copies of the Initial Study, Mitigated Negative Declaration
and supporting materials were made available for review online at
http://www.newportbeachca.gov/index.aspx?page=1347 and at the following City public facilities during
regular business hours:
Newport Beach City Hall
Community Development Department
100 Civic Center Drive
Newport Beach, CA 92660
Newport Beach Public Library Central Library
1000 Avocado Avenue
Newport Beach, CA 92660
Newport Beach Public Library Balboa Branch
100 East Balboa Boulevard
Newport Beach, CA 92660
Newport Beach Public Library Mariners Branch
1300 Irvine Avenue
Newport Beach, CA 92660
Newport Beach Library Corona Del Mar Branch
410 Marigold Avenue
Corona Del Mar, CA 92625
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SECTION 5.0 — COMMENTS AND RESPONSES
5.1 CEQA REQUIREMENTS REGARDING COMMENTS AND RESPONSES
CEQA Guidelines Section 15204 (b) outlines parameters forsubmitting comments and reminds persons and
public agencies that the focus of review and comment of negative declarations should be, "on the proposed
finding that the project will not have a significant effect on the environment. If persons and public agencies
believe that the project may have a significant effect, they should: (1) Identify the specific effect; (2) Explain
why they believe the effect would occur, and, (3) Explain why they believe the effect would be significant."
CEQA Guidelines Section 15204 (c) further advises, "Reviewers should explain the basis for their comments,
and should submit data or references offering facts, reasonable assumptions based on facts, or expert
opinion supported by facts in support of the comments. Pursuant to Section 15064, an effect shall not be
considered significant in the absence of substantial evidence." Section 15204 (d) also states, "Each
responsible agency and trustee agency shall focus its comments on environmental information germane
to that agency's statutory responsibility. 'Section 15204 (e) states, "This section shall not be used to restrict
the ability of reviewers to comment on the general adequacy of a document or of the lead agency to reject
comments not focused as recommended by this section."
In accordance with Public Resources Code 21092.5 (b) of the CEQA Guidelines, the lead agency shall notify
any public agency which comments on a negative declaration of the public hearing or hearings, if any, on
the project for which the negative declaration was prepared. If notice to the commenting public agency
is provided pursuant to Section 21092, the notice shall satisfy the requirement of this subdivision.
5.2 COMMENTS AND RESPONSE TO COMMENTS RECEIVED ON THE DRAFT IS/MND
This section provides responses to written comments received during the 30 -day public review period.
Table 1: Commenting Individuals and Agencies
1
Jack Rose
September 23, 2019
2
Jack Rose
September 24, 2019
3
Michael Call, Mark Wilser, Deborah Gero
September 25, 2019
4
REO Nationwide
September 25, 2019
5
REO Nationwide
September 25, 2019
6
REO Nationwide
September 25, 2019
7
David Tanner
September 26, 2019
8
Sandy Frizzell
September 26, 2019
9
Surish Parikh
October 1, 2019
10
Tinnelly Law Group (Villa Balboa Attorney)
October 1, 2019
11
Michael Call, Mark Wilser, Deborah Gero
October 2, 2019
12
Mali Satchi
October 4, 2019
13
REO Nationwide
October 5, 2019
14
Sandv Frizzell
I October 5, 2019
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15
Wendy Kaiser
October 14, 2019
16
Sudhir Banker
October 15, 2019
17
Ryan Darby
October 18, 2019
18
Ryan Darby
October 18, 2019
19
Sudhir Banker
October 18, 2019
20
City of Irvine
October 21, 2019
21
Barry Macpherson
October 22, 2019
22
Deborah Gero
October 22, 2019
23
California Department of Fish & Wildlife
October 22, 2019
24
California Department of Transportation
October 22, 2019
25
Michael Call
October 22, 2019
26
Sandy Frizzell
October 22, 2019
27
Doug Tamkin
October 23, 2019
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Comment Letter #1— Jack Rose
COMMENT LETTER#1
From: lack <vankeeljack@sbcgloba].net>
Sent: Monday, September 23, 2019 8:06 PM
To: Tran, Andy
Subject: Fwd: City of Newport Beach: Notice of Availability and Intent to
Adopt Mitigated Negative Declaration
Hi MrTran
Would this include a bridge over PCH?
Sent from my iPhone
Begin forwarded message:
T Comment
1-1
From: City of Newport Beach News <nore1lyAnewportbeachca.gov>
Date: September 23, 2019 at 5:27:31 PM PDT
To: <yankeeljacknsbcglobal.net>
Subject: City of Newport Beach: Notice ofAvailability and Intent to Adopt a
Mitigated Negative Declaration
Reply -To: <noreplygnewportbeachca.gov>
Notice ofAvailability and Intent to Adopt a Mitigated Negative
Declaration
SuperiorAvenue Pedestrian and Bicycle Bridge and Parking Lot Project
(PA2019-014)
Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project
Post Date: 09/23/2019 5:00 pm
News Splash y
Planning Division News Splash:
NOTICE OFAVAILABILITYAND INTENTTO ADOPTA MITIGATED
NEGATIVE DECLARATION FOR THE
SUPERIORAVENUE PEDESTRIANAND BICYCLE BRIDGE AND
PARKING LOT PROJECT
(PA201-9-014}
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Notice is hereby given that the City of Newport Beach (Lead Agency) has
completed an Initial Study and intends to adopt a Mitigated Negative Declaration
for the Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project,
prepared in accordance with the California Environmental Quality Act (CEQA),
and the CEQAGuidelines.
Project Title: Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot
Proj ect
Project Applicant: City of Newport Beach
Project Location: The proposed Project is located within the City of Newport
Beach and is located approximately 1,000 feet from the coastline in Orange County,
California. The entire Project site is within the boundary of the coastal zone as
established by the California Coastal Act. Currently, an existing City -owned
parking lot with 64 metered parking stalls is located at the northeast corner of this
intersection. Directly east of the existing parking lot is an undeveloped piece of
land with steep slopes. The Project site is surrounded by the Pacific Ocean, Sunset
View Park, Sunset Ridge Park, vegetated hillsides, major roads, and residential
homes. Superior Avenue runs along the western boundary and the West Coast
Highway runs along the southern boundaries of the Project site, respectively.
Project Description: The City proposes the construction of a pedestrian and
bicycle bridge overcrossing Superior Avenue, a new larger parking lot and a fenced
dog park totaling approximately 3.4 acres in size. Due to the proximity to the coast,
the area receives a significant amount of pedestrian and bicycle traffic. Sunset
Ridge Park, constructed in December 2014, is a 13.7 -acre active park with a
baseball field and two soccer fields. Currently, visitors to Sunset Ridge Park use
the existing parking lot across Superior Avenue and cross at the at -grade Superior
Avenue/West Coast Highway intersection because no on-site parking is provided
at Sunset Ridge Park. The new pedestrian and bicycle ramp will provide access to
the parking lot and bridge from the north side of West Coast Highway.
Additionally, the proposed Project would include the construction of a new
sidewalkibike path from the modified parking lot entrance to the proposed bridge.
The proposed bridge would help facilitate movement of pedestrians and bicyclists
across Superior Avenue. The proposed bridge would connect Sunset Ridge Park to
a new, larger asphalt parking lot with a range of 100 to 128 parking spaces.
Construction of the proposed Project would also include the installation of a fenced,
dog park, separating large and small dogs, which may include benches and trash
cans. The dog park will be 0.2 to 0.3 acres in size. The dog park would require a
new water service for the water fountain and for irrigation. Security lighting at the
dog park would be down -shielded to prevent light scatter. Hours at the dog park
would be consistent with the Municipal Code which restricts park hours to between
6:00 a.m. and 11:00 p.m. In addition, a shade structure may be installed at the dog
park, approximately 10 to 15 feet in height. The top of the shade structure would
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be below the Sunset View Park ground elevation and would be designed to protect
public coastal views.
Development of the proposed project would require the following approvals from
the City of Newport Beach:
• Coastal Development Permit (CDP) — To allow development of the
project including the parking lot, dog park, and pedestrian/bicycle bridge
in the Coastal Zone.
• Mitigated Negative Declaration (MND) — To address reasonably
foreseeable environmental impacts resulting from the legislative and
project specific discretionary approvals pursuant to CEQA.
Development of the proposed project would require the following approval from
the California Coastal Commission:
• Coastal Development Permit Amendment — To amend the Sunset Ridge
Park Coastal Development Permit No. 5-11-302 to allow the bridge
development at the existing park.
On the basis of the Initial Study, City staff has concluded that the project would not
have a significant impact on the environment and has therefore recommended
preparation of a Mitigated Negative Declaration (WsID). The Mitigated Negative
Declaration is based on the finding that, by implementing the identified mitigation
measures, the project's potential significant adverse impacts will be reduced to a
less than significant level.
The Initial Study is available for a 30 -day public review period beginning
September 20, 2019, and ending October 21, 2019. Copies of the document are
available for review in the Newport Beach Community Development Department,
100 Civic Center Drive, Bay B, Newport Beach, CA 92660 between the hours of
7:30 a.m. and 5:30 p.m., Monday through Thursday, and 7:30 a.m. and 4:30 p.m.
on Friday. The document is available online: www.newportbeachca. og v/cega.
Additionally, copies of the document are also available for review at the following
City public libraries during regular business hours:
*Newport Beach Public Library, Central Library, 1000 Avocado Avenue, Newport
Beach, CA92660
*Newport Beach Public Library, Balboa Branch, 100 East Balboa Boulevard,
Newport Beach, CA92660
*Newport Beach Public Library, Mariners Branch, 1300 Irvine Avenue, Newport
Beach, CA 92660
*Newport Beach Public Library, Corona Del Mar Branch, 410 Marigold
Avenue, Corona, Del_Max,-CA.92625 .
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Response To Comment Letter #1— Jack Rose
Response to Comment 1-1:
Thank you for your comment.
As described in Section 2.3 of the Draft IS/MND, the proposed Project includes the construction of a
pedestrian and bicycle bridge overcrossing Superior Avenue that would connect Sunset Ridge Park to the
Superior Parking Lot at the intersection of West Coast Highway and Superior Avenue. This Project does
not include a bridge over Pacific Coast Highway.
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Comment Letter #2 —Jack Rose
COMMENT LETTER#2
From: Jack <vankeeliack@sbcglobal.net>
Sent: Tuesday, September 24, 2019 8:31AM
To: Tran, Andy
Subject: Re: City of Newport Beach: Notice of Availability and Intent to
Adopt a Mitigated Negative Declaration
Is there a space, engineering or financial constraint to doing bridge over PCH? Also, besides Comment
improved pedestrian safety it would be an awesome view walking/riding over the "Andy Tran" 2-I
Bridge to go to beach. Comment
2-2
Jack Rose
Newport Crest Homeowner
Ebb Tide Homeower
Sent from my iPhone
On Sep 24, 2019, at 7:50 AM, Tran, Andy <ATran(a_newportbeachca gov> wrote:
Good morninglack,
No, this project does not include the bridge over PCH. It only includes the
pedestrian/bicycle bridge over Superior Ave, a new larger parking lot and a dogpark.
Thanks,
Andy Tran, P.E.
Senior Civil Engineer
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Phone: 949-644-3315
From: Jack <vankeeliack@sbcglobal.net>
Sent: Monday, September 23, 2019 8:06 PM
To: Tran, Andy <ATran@newportbeachca.gov>
Subject: Fwd: City of Newport Beach: Notice of Availability and Intent to Adopt a
Mitigated Negative Declaration
Hi Mr Tran
Chambers Group, Inc.
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Would this include a bridge over PCH?
Sent from my iPhone
Begin forwarded message:
From: City of Newport Beach News
<noreplygnewportbeachca.gov>
Date: September 23, 2019 at 5:27:31 PM PDT
To: <yankeeljack@sbcglobal.net>
Subject: City of Newport Beach: Notice of Availability and
Intent to Adopt a Mitigated NegativeDeclaration
Reply -To: <noreplyna,newportbeachca.gov>
Notice of Availability and Intent to Adopt a Mitigated
Negative Declaration
SuperiorAvenue Pedestrian and Bicycle Bridge and Parking
Lot Project (PA2019-014)
Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project
Post Date: 09/23/2019 5:00 pm
er�vs
Planning Division News Splash:
NOTICE OFAVAILABILITYAND INTENT TO ADOPTA
MITIGATED NEGATIVE DECLARATION FOR THE
SUPERIORAVENUE PEDESTRIANAND BICYCLE
BRIDGE AND PARKING LOTPROJECT
(PA2019-014)
Notice is hereby given that the City of Newport Beach (Lead
Agency) has completed an Initial Study and intends to adopt a
Mitigated Negative Declaration for the Superior Avenue Pedestrian
and Bicycle Bridge and Parking Lot Project, prepared in accordance
with the California Environmental Quality Act (CEQA), and the
CEQA Guidelines.
I Comment
2-3
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Project Title: Superior Avenue Pedestrian and Bicycle Bridge and
Parking Lot Project
Project Applicant: City of Newport Beach
Project Location: The proposed Project is located within the City
of Newport Beach and is located approximately 1,000 feet from the
coastline in Orange County, California. The entire Project site is
within the boundary of the coastal zone as established by the
California Coastal Act. Currently, an existing City -owned parking
lot with 64 metered parking stalls is located at the northeast corner
of this intersection. Directly east of the existing parking lot is an
undeveloped piece of land with steep slopes. The Project site is
surrounded by the Pacific Ocean, Sunset View Park, Sunset Ridge
Park, vegetated hillsides, major roads, and residential homes.
Superior Avenue runs along the western boundary and the West
Coast Highway runs along the southern boundaries of the Project
site, respectively.
Project Description: The City proposes the construction of a
pedestrian and bicycle bridge overcrossing Superior Avenue, a new
larger parking lot and a fenced dog park totaling approximately 3.4
acres in size. Due to the proximity to the coast, the area receives a
significant amount of pedestrian and bicycle traffic. Sunset Ridge
Park, constructed in December 2014, is a 13.7 -acre active park with
a baseball field and two soccer fields. Currently, visitors to Sunset
Ridge Park use the existing parking lot across Superior Avenue and
cross at the at -grade Superior Avenue/West Coast Highway
intersection because no on-site parking is provided at Sunset Ridge
Park. The new pedestrian and bicycle ramp will provide access to
the parking lot and bridge from the north side of West Coast
Highway. Additionally, the proposed Project would include the
construction of a new sidewalkibike path from the modified parking
lot entrance to the proposed bridge. The proposed bridge would help
facilitate movement of pedestrians and bicyclists across Superior
Avenue. The proposed bridge would connect Sunset Ridge Park to
a new, larger asphalt parking lot with a range of 100 to 128 parking
spaces. Construction of the proposed Project would also include the
installation of a fenced dog park, separating large and small dogs,
which may include benches and trash cans. The dog park will be 0.2
to 0.3 acres in size. The dog park would require a new water service
for the water fountain and for irrigation. Security lighting at the dog
park would be down -shielded to prevent light scatter. Hours at the
dog park would be consistent with the Municipal Code which
restricts park hours to between 6:00 a.m. and 11:00 p.m. In addition,
a shade structure may be installed at the dog park, approximately 10
Chambers Group, Inc.
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to 15 feet in height. The top of the shade structure would be below
the Sunset View Park ground elevation and would be designed to
protect public coastal views.
Development of the proposed project would require the following
approvals from the City of Newport Beach:
• Coastal Development Permit (CDP) — To allow
development of the project including the parking lot, dog
park, and pedestrian/bicycle bridge in the Coastal Zone.
• Mitigated Negative Declaration (MND) — To address
reasonably foreseeable environmental impacts resulting
from the legislative and project specific discretionary
approvals pursuant to CEQA.
Development of the proposed project would require the following
approval from the California Coastal Commission:
• Coastal Development Permit Amendment — To amend
the Sunset Ridge Park Coastal Development Permit No. 5-
11-302 to allow the bridge development at the existing
park.
On the basis of the Initial Study, City staff has concluded that the
project would not have a significant impact on the environment and
has therefore recommended preparation of a Mitigated Negative
Declaration (MND). The Mitigated Negative Declaration is based
on the finding that, by implementing the identified mitigation
measures, the project's potential significant adverse impacts will be
reduced to a less than significant level.
The Initial Study is available for a 30 -day public review period
beginning September 20, 2019, and ending October 21, 2019.
Copies of the document are available for review in the Newport
Beach Community Development Department, 100 Civic Center
Drive, Bay B, Newport Beach, CA 92660 between the hours of 7:30
a.m. and 5:30 p.m., Monday through Thursday, and 7:30 a.m. and
4:30 p.m. on Friday. The document is available online:
www.newportbeachca.gov/cega. Additionally, copies of the
document are also available for review at the following City public
libraries during regular business hours:
*Newport Beach Public Library, Central Library, 1000 Avocado
Avenue, Newport Beach, CA 92660
*Newport Beach Public Library, Balboa Branch, 100 East Balboa
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Boulevard, Newport Beach, CA92660
*Newport Beach Public Library, Mariners Branch, 1300 Irvine
Avenue, Newport Beach, CA 92660
*Newport Beach Public Library, Corona Del Mar Branch, 410
Marigold Avenue, Corona Del Mar, CA92625
Written comments on the proposed project must be received no
later than October 21, 2019 at 5:30 p.m. to the attention of Andy
Tran, Senior Civil Engineer, at the address listed below or via
email. Your comments should specifically identify what
environmental impacts you believe would result from the project,
why they are significant, and what changes or mitigation measures
you believe should be adopted to eliminate or reduce these
impacts. There is no fee to submit comments. You are also invited
to attend and testify at the public hearings as to the appropriateness
of this document.
The Newport Beach City Council will hold a hearing on the project
at a future date in the City Council Chambers, 100 Civic Center
Drive, Newport Beach, CA 92660. An additional public hearing
notice will be sent out prior to the City Council's consideration of
the project.
For further information as to the future schedule of hearings,
please check:
haps://www.newportbeachea. gov/govemment/dgpartments/yublic-
works/superior-avenue-pedestrian-and-bicycle-bridge-and-parking=
lot-proiect.
For additional information, please contact Andy Tran, Senior Civil
Engineer, at (949) 644-3315 or at atran(c pMortbeachca.gov.
Andy Tran, Senior Civil Engineer
City of Newport Beach, Public Works Department
100 Civic Center Drive, Bay D-2
Newport Beach, CA 92660
Please note: This is an automated message from the City of
Newport Beach. Subscription preferences may be changed by
accessing your News & Alerts account from the City website.
Having trouble viewing this email? View on the website instead.
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Response To Comment Letter #2 — Jack Rose
Response to Comment 2-1:
Thank you for your comment.
As described in the Draft IS/MND, Section 2.2 Project Purpose and Objectives, West Coast Highway and
Superior Avenue are major arterials with a high volume of vehicular traffic. The purpose of the bridge is
to improve safety and access to Sunset Ridge Park and to improve the vehicular efficiency of the Superior
Avenue/West Coast Highway intersection. Specifically, the objectives of the Project are:
• To improve safety and access to Sunset Ridge Park for pedestrians and bicyclists by eliminating
the need to cross Superior Avenue via the existing at -grade crosswalk.
• To provide additional parking spaces to better serve both passive uses and organized sporting
events (mostly youth) at Sunset Ridge Park in an area where parking is limited.
• To reduce traffic signal wait times by shifting pedestrian and bicycle traffic from the at -grade
crosswalk to the bridge.
• To expand recreational options in this part of the City by developing a small dog park just below
Sunset View Park, adjacent to the expanded parking lot.
The provision of a bridge over PCH is outside the scope of this Project; however, your comment will be
considered by City Council during their review of the Project and CEQA document.
Response to Comment 2-2:
Please refer to Response to Comment 2-1.
Response to Comment 2-3:
Please refer to Response to Comment 1-1.
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Comment Letter#3 —Michael Call, Mark Wilser, Deborah Gero
COMMENT LETTER#3
From:
Tran, Andy
Sent:
Wednesday, September 25, 2019 7:42 AM
To:
'Michael Call'
Cc:
'Mark Wilser';'Deborah Gero'
Subject:
RE: What is the MND public review period? How do we makeour
comments know to the decision makes?
Good m orni ng everyone,
The MND public review period is an opportunity for the public to comment on the environmental
documentthat was prepared for this project. MND's include manytechnical studies and mitigation
measures to address potential impacts. These technical studies include noise and visual impacts to
name a few.
Feel free to send me your written commentsvia email or letter. We will provide a formal response at
the end of the 30 -day reviewperiod.
Thanks,
Andy Tran, P.E.
Senior Civil Engineer
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Phone: 949-644-3315
From: Michael Call <onecall4alll@verizon.net>
Sent: Tuesday, September 24, 2019 5:13 PM
To: Tran, Andy <ATran@newportbeachca.gov>
Cc:'Mark Wilser'<mw@globalcapitalmarkets.com>;'Deborah Gero'<debigero@gmail.com>
Subject: What is the MND public review period? How do we make our comments know to the decision
makes?
Andy,
Comment
What is the MND public review period? 3-1
How do we make our comments know to the decision makes? Comment
Thankyou, Michael Call 3-2
From: Tran, Andy[mailto:ATran@newportbeachca.gov]
Sent: Tuesday, September 24, 2019 11:16 AM
Subject: FW: City of Newport Beach: UPDATED - Notice of Availability and Intent to Adopt a Mitigated
Negative Declaration
Chambers Group, Inc.
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Would this include a bridge over PCH?
Sent from my iPhone
Begin forwarded message:
From: City of Newport Beach News
<norglly&ewportbeachca. gov>
Date: September 23, 2019 at 5:27:31 PM PDT
To: < ankeeIjack@sbcglobal.net>
Subject: City of Newport Beach: Notice of Availability and
Intent to Adopt a Mitigated NegativeDeclaration
Reply -To: <noreply@newportbeachca.gov>
Notice ofAvailability and Intent to Adopt a Mitigated
Negative Declaration
SuperiorAvenue Pedestrian and Bicycle Bridge and Parking
Lot Project (PA2019-014)
Superior Avenue Pedestrian and Bicycle Bridge and Parking LotProject
Post Date: 09/23/2019 5:00 pm
News Splasl� 10
t a
Planning Division News Splash:
NOTICE OFAVAILABILITYAND INTENT TOADOPTA
MITIGATED NEGATIVE DECLARATION FOR THE
SUPERIORAVENUE PEDESTRIANAND BICYCLE
BRIDGE AND PARKING LOTPROJECT
(PA2019-014)
Notice is hereby given that the City of Newport Beach (Lead
Agency) has completed an Initial Study and intends to adopt a
Mitigated Negative Declaration for the Superior Avenue Pedestrian
and Bicycle Bridge and Parking Lot Project, prepared in accordance
with the California Environmental Quality Act (CEQA), and the
CEQA Guidelines.
IComment
3-3
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Project Title: Superior Avenue Pedestrian and Bicycle Bridge and
Parking Lot Project
Project Applicant: City of Newport Beach
Project Location: The proposed Project is located within the City
of Newport Beach and is located approximately 1,000 feet from the
coastline in Orange County, California. The entire Project site is
within the boundary of the coastal zone as established by the
California Coastal Act. Currently, an existing City -owned parking
lot with 64 metered parking stalls is located at the northeast comer
of this intersection. Directly east of the existing parking lot is an
undeveloped piece of land with steep slopes. The Project site is
surrounded by the Pacific Ocean, Sunset View Park, Sunset Ridge
Park, vegetated hillsides, major roads, and residential homes.
Superior Avenue runs along the western boundary and the West
Coast Highway runs along the southern boundaries of the Project
site, respectively.
Project Description: The City proposes the construction of a
pedestrian and bicycle bridge overcrossing Superior Avenue, a new
larger parking lot and a fenced dog park totaling approximately 3.4
acres in size. Due to the proximity to the coast, the area receives a
significant amount of pedestrian and bicycle traffic. Sunset Ridge
Park, constructed in December 2014, is a 13.7 -acre active park with
a baseball field and two soccer fields. Currently, visitors to Sunset
Ridge Park use the existing parking lot across Superior Avenue and
cross at the at -grade Superior Avenue/West Coast Highway
intersection because no on-site parking is provided at Sunset Ridge
Park. The new pedestrian and bicycle ramp will provide access to
the parking lot and bridge from the north side of West Coast
Highway. Additionally, the proposed Project would include the
construction of a new sidewalk/bike path from the modified parking
lot entrance to the proposed bridge. The proposed bridge would help
facilitate movement of pedestrians and bicyclists across Superior
Avenue. The proposed bridge would connect Sunset Ridge Park to
a new, larger asphalt parking lot with a range of 100 to 128 parking
spaces. Construction of the proposed Project would also include the
installation of a fenced dog park, separating large and small dogs,
which may include benches and trash cans. The dog park will be 0.2
to 0.3 acres in size. The dog park would require a new water service
for the water fountain and for irrigation. Security lighting at the dog
park would be down -shielded to prevent light scatter. Hours at the
dog park would be consistent with the Municipal Code which
restricts park hours to between 6:00 a.m. and 11:00 p.m. In addition,
a shade structure may be installed at the dog park, approximately 10
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to 15 feet in height. The top of the shade structure would be below
the Sunset View Park ground elevation and would be designed to
protect public coastal views.
Development of the proposed project would require the following
approvals from the City of Newport Beach:
• Coastal Development Permit (CDP) — To allow
development of the project including the parking lot, dog
park, and pedestrian/bicycle bridge in the Coastal Zone.
• Mitigated Negative Declaration (MND) — To address
reasonably foreseeable environmental impacts resulting
from the legislative and project specific discretionary
approvals pursuant to CEQA.
Development of the proposed project would require the following
approval from the California Coastal Commission:
• Coastal Development Permit Amendment — To amend
the Sunset Ridge Park Coastal Development Permit No. 5-
11-302 to allow the bridge development at the existing
park.
On the basis of the Initial Study, City staff has concluded that the i
project would not have a significant impact on the environment and
has therefore recommended preparation of a Mitigated Negative
Declaration (MND). The Mitigated Negative Declaration is based
on the finding that, by implementing the identified mitigation
measures, the project's potential significant adverse impacts will be
reduced to a less than significant level.
The Initial Study is available for a 30 -day public review period
beginning September 20, 2019, and ending October 21, 2019.
Copies of the document are available for review in the Newport
Beach Community Development Department, 100 Civic Center
Drive, Bay B, Newport Beach, CA 92660 between the hours of 7:30
a.m. and 5:30 p.m., Monday through Thursday, and 7:30 a.m. and
4:30 p.m. on Friday. The document is available online:
www.nMortbeachea.gov/cega. Additionally, copies of the
document are also available for review at the following City public
libraries during regular business hours:
*Newport Beach Public Library, Central Library, 1000 Avocado
Avenue, Newport Beach, CA 92660
*Newport Beach Public Library, Balboa Branch, 100 East Balboa
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Boulevard, Newport Beach, CA92660
*Newport Beach Public Library, Mariners Branch, 1300 Irvine
Avenue, Newport Beach, CA 92660
*Newport Beach Public Library, Corona Del Mar Branch, 410
Marigold Avenue, Corona Del Mar, CA92625
Written comments on the proposed project must be received no
later than October 21, 2019 at 5:30 p.m. to the attention of Andy
Tran, Senior Civil Engineer, at the address listed below or via
email. Your comments should specifically identify what
environmental impacts you believe would result from the project,
why they are significant, and what changes or mitigation measures
you believe should be adopted to eliminate or reduce these
impacts. There is no fee to submit comments. You are also invited
to attend and testify at the public hearings as to the appropriateness
of this document.
i
The Newport Beach City Council will hold a hearing on the project
at a future date in the City Council Chambers, 100 Civic Center j
Drive, Newport Beach, CA 92660. An additional public hearing
notice will be sent out prior to the City Council's consideration of
the project.
For further information as to the future schedule of hearings,
please check: j
https://www.newportbeachca.goy/aovemment/deparlments/public-
works/superior-avenue-pedestrian-and-bicycle-bridge-and-parking-
lot-prof ect.
For additional information, please contact Andy Tran, Senior Civil
Engineer, at (949) 644-3315 or at atran@`portbeachca.gov.
Andy Tran, Senior Civil Engineer
City of Newport Beach, Public Works Department
100 Civic Center Drive, Bay D-2
Newport Beach, CA92660
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Response To Comment Letter #3 — Michael Call, Mark Wilser, Debora Gero
Response to Comment 3-1:
Thank you for your comment.
The purpose of the public review period is to allow both agencies and the public to comment on the Draft
MND focusing on the sufficiency of the document. in identifying and analyzing possible impacts on the
environment and ways in which the significant effects may be avoided or mitigated (CEQA Guidelines
Section 15204).
On September 23, 2019, the City of Newport Beach circulated a Notice of Intent to Adopt a Mitigated
Negative Declaration and Initial Study to responsible agencies, trustee agencies, interest groups, and the
general public. In accordance with the California Environmental Quality Act (CEQA) Section 21091 and
State CEQA Guidelines Section 15073, a 30 -day public review period for the Final IS/MND was provided
from September 23, 2019 to October 23, 2019.
Response to Comment 3-2:
Comments received during the public review period will be part of the public record. These comments
will be considered by the City Council during their consideration of the Project.
Response to Comment 3-3:
As described in Section 2.3 of the Draft IS/MND, the proposed Project includes the construction of a
pedestrian and bicycle bridge overcrossing Superior Avenue that would connect Sunset Ridge Park to the
Superior Parking Lot at the intersection of West Coast Highway and Superior Avenue. This Project does
not include a bridge over Pacific Coast Highway.
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Comment Letter #4 — REO Nationwide
COMAffNT LETTERA
From: G Gehlke <ci@reonationwide.com> on behalf of Team
:5 reonationwide.com>
Sent: Wednesday, September 25, 2019 6:52 PM
To: Tran, Andy
Subject: PCH and Superiorplans
The corner's highest and best use to serve the community best with the least amount of added danger Comment
to that high traffic high death rate corner is a police substation as was previously proposed in 4-1
conjunction with the community center idea last year. The north side of Newport relies on a police
station on the south side of the city and with crime and accidents up in our area, a police substation Comment
established priorto the added new development destined to proceed in the future (Banning Ranch) this 4-2
will greatly help to serve ourcommunity.
A dog park or other "social" plan will add more traffic and pedestrian's to this already dangerousIComment
corner. 4-3
Thankyou.
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Response To Comment Letter #4 — REO Nationwide
Response to Comment 4-1:
Thank you for your comment.
The purpose of the proposed Project is a construction of a pedestrian and bicycle bridge overcrossing
Superior Avenue that would connect Sunset Ridge Park to the Superior Parking Lot at the intersection of
West Coast Highway and Superior Avenue.
As described in the Draft IS/MND, Section 2.2 Project Purpose and Objectives, the Proposed Project aids
in improving safety and access to Sunset Ridge Park for pedestrians and bicyclists by eliminating the need
to cross Superior Avenue via the existing at -grade crosswalk. This is an improvement from the present
conditions where pedestrians and bicyclists typically cross the busy, major arterial roadways, West Coast
Highway and Superior Avenue, to reach Sunset Ridge Park.
Response to Comment 4-2:
Please refer to Response to Comment 4-1. Police and other public services will be evaluated if
development is proposed for Banning Ranch in the future. Currently there is no application on file
proposing development of Banning Ranch.
The development of the proposed bridge would also result in a beneficial impact because the bridge
would provide increased safety and direct access from the parking lot to Sunset Ridge Park. For
pedestrians traveling along the eastern sidewalk along Superior Avenue, the access point to the parking
lot would remain in the same location, therefore the Project would not result in a change in traffic patterns
over what is already expected along the roadway. Thus, no negative impacts related to access and safety
along Superior Avenue is anticipated due to the Project.
Response to Comment 4-3:
There are no traffic trip rates in the Institute of Transportation Engineers (ITE) Manual for dog parks. To
determine the potential trips associated with a dog park, a comparison to a similar dog park in Laguna
Beach was reviewed. The dog park in Laguna Beach is 2.5 acres in size and generates 480 trips per day. By
comparison, the proposed 0.2-0.3 acre dog park would generate approximately 38 trips per day. Per the
City Traffic Phasing Ordinance, a traffic impact study is required when there are more than 300 trips per
day generated by a project. Given the estimated trips, it was determined that there is less than significant
impact with the dog park portion of the Project.
As described in the Draft IS/MND, Section 4.14.1 Impact a) the proposed Project, including the dog park,
would not indirectly induce population growth and is intended to serve the existing population in the area.
No roadways, transit, or bicycle lanes would be significantly modified as a result of the proposed Project
and therefore, would not conflict with applicable circulation plans. As discussed in Section 4.17.1 Impact
a) of the MND, the proposed Project would not result in a substantial increase of users that would
generate a significant increase in traffic because no construction of businesses or residences would occur
and no expansion of park facilities other than the small dog park are proposed.
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Comment Letter #5 — REO Nationwide
COMMENT LETTER#5
From:
Cl Gehlke <cl@reonationwide.com>
Sent:
Wednesday, September 25, 2019 6:51 PM
To:
Tran, Andy
Cc:
Mark Wilser'; dgero@gmaili.com; Onecall4alll@verizon.net
Subject:
See attached letter re: Proposed Dog Park on Superior Ave.
Attachments:
Scan.pdf
Please note attached letter regardingthe dog park.
NOTE: Highest and best use for this property --Can a police substation please be considered as it was
brought up as a possibility last year in conjunction with the possibility of a community center.
1. Less additional traffic on an already dangerouscorner
2. Better response time for police to the entire north side of Newport
3. Police presence that will be in place when Banning Ranch starts development
Thank you.. C1Gehlke
Thanks for letting me help you today!
CJ Gehlke, CE0/17ounder
licensed since 1979 DRE No. 00803243
REO Nationwide, Inc.
Beneficial RE Inc.
DRE No. 01334672
www.reonationwide.com
Office: Newport Beach, CA 91663
Mail: 1927Harbor Blvd. Suite 100
Costa Mesa, CA 91627
ci@reonationwide.com
phone: 888.700.0868 x326
fax: 888.700.0868
Linkedln: www.linkedin.comloublcarol-jean-%11cj%12-¢ehlkela/9151714
REO Disposition Outsource Services
BPO and APPRAISAL Services - Individual or VolumeBulk
BULK Sale Facilitation
Your Outsource company for life. My team and I are committed to
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The goal is to meet and exceed your expectations for the lifetime of
our relationship. We want you to be so happy with our services that
you feel compelled to refer people you respect to us. The greatest
compliment we can receive is a referral from you.
CJ
Comment
5-1
Comment
5-2
Comment
5-3
Comment
5-4
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September 4, 2019
Ms. Diane Dixon, Newport Beach Mayor
Mr. Brad Avery, City Council Member
Mr. Duffy Duffield, City Council Member
Mr. Kevin Muldoon, City Council Member
Mr. Jeff Hardman, City Council Member
Ms. Joy Brenner, City Council Member
Mr. Will O'Neill, City Council Member
100 Civic Center Drive
Newport Beach, CA 92660
Via email: citvcouncil(o).newprtbeachca.aov
Recreation & Senior Services Director
LDetweiler(a) newportbeachca.aov
CC:
Villa Balboa Home Owners Association
C/O Ryan Darby
RDarby@actionlife.com
Re: Proposed Dog Park on Superior Avenue
Dear Ms. Dixon and City Council Members:
I have recently become aware of the proposed dog park on Superior Avenue that is
included in the project to add more parking for and a bridge to Sunset Ridge Park.
Important Note: The following text is an example but should be replaced or modified Comment
5-5
with your personal thoughts ... for ideas see "Talking Points for Sunset View Dog Park
I want to go on record with you and the Villa Balboa HOA in opposing the dog park.
For its entire 40 -year existence the Villa Balboa community has prohibited dogs. This
has been the basis for many residents to purchase homes there. The HOA Board has
gone to considerable length to not modify any regulations as this would jeopardize this Comment
grandfathered "no dogs" regulation. It is hard to see the logic of putting a dog park so 5-6
close to such a housing community when the city has other potential sites for a dog
park. Research presented by a local resident at the Parks, Beaches and Recreation
Department hearing on August 6th confirmed other dog parks in our area (10 were
profiled on google earth) have a material buffer zone between the dog park and
residences. In this case the proposed dog park is immediately adjacent to a building
with 54 homes (200 Paris Lane) and a complex (Villa Balboa) with 400 homes as well Comment
as being next to a hospital property all connected to the proposed site by a walking 5-7
path. While the existing Newport Beach Civic Center dog park is shorter in distance to
the few nearest homes it also has the busy MacArthur Boulevard with four lanes and a
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median with trees providing a meaningful buffer and containment of the dogs that leave
the dog park.
It is my understanding that Villa Balboa homeowners who have emotional support or
other medically prescribed dogs and attended a Villa Balboa HOA meeting regarding
the agenda item of adding a bridge did so as they look forward to walking their dog in
the large Sunset Ridge Park across the street.
There are a number of other very practical reasons why this is not the right place nor
time for a dog park at this location.
• Superior Avenue is already a dangerous road with many accidents, including cars
veering onto the sidewalk and even crashing through the Villa Balboa fence, in the
vicinity of this location heading up hill from Pacific Coast Highway. The additional
cars, people, and dogs (some of whom will inevitably get -off leash outside the dog
park) will add distractions to drivers on an already dangerous road.
• Smells, sounds, and pathogens carry, and those who enjoy the Sunset View Park
and live near it will suffer.
• Newport Beach already fails to enforce leash laws in Sunset View Park. -_
• The shade and benches essential to making this a usable dog park will also attract
more homeless; there is already a homeless problem in the very parking lot that is
being expanded. We know that neighbors near the existing Civic Center dog park,
which is also near a homeless encampment, complain of finding needle caps at the
dog park.
For those of us who live near and use Sunset View Park, we know what a great job the
City has done making that a tranquil vista for those seeking ocean, sunset, and even
fireworks views. If you have been to Sunset View Park you will see that its many
visitors de facto have expanded the park into an area now slated to become part of the
dog park. There are many uses for this valuable land with a unique and beautiful view.
And we encourage the City to consider expanding Sunset View Park or at a minimum
providing further green space as part of its bridge and parking lot development.
S ere
Ms ly,
Ml arol Jean Gehlke
200 Paris Lane Apt. 106
Newport Beach, CA. 92663
cj@reonationwide.com
949-500-9434
Comment
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Comment
5-9
Comment
5-10
Comment
5-11
Comment
5-12
Comment
5-13
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Response To Comment Letter #5 — REO Nationwide
Response to Comment 5-1:
Thank you for your comment. As described in the Draft IS/MND, Section 2.2 Project Purpose and
Objectives, the Proposed Project aids in improving safety and access to Sunset Ridge Park for pedestrians
and bicyclists by eliminating the need to cross Superior Avenue via the existing at -grade crosswalk. This is
an improvement from the present conditions where pedestrians and bicyclists typically cross the busy,
major arterial roadways, West Coast Highway and Superior Avenue, to reach Sunset Ridge Park.
Response to Comment 5-2:
Please refer to Response to Comment 5-1.
All traffic trips associated with Sunset Ridge Park (land use) are generated by the park visitors. The
proposed parking lot expansion and bridge are not land uses and do not generate new trips. The parking
lot and bridge are ancillary to the land use. The addition of the dog park has the potential to add 38 trips
per day. Currently, the Sunset Ridge visitors park their vehicles where there are available parking spaces
in the area. If the existing parking lot is full, park visitors find alternate parking places in the area, or drop
off visitors and users. The addition of the 38 trips per day as a result of the dog park would be
accommodated within the parking lot expansion. This additional traffic anticipated from the dog park is
not expected to increase traffic hazards along the existing roadways.
Response to Comment 5-3:
Please refer to Response to Comment 5-1. Police service impacts were analyzed based on the proposed
Project. Response time for police to other areas of Newport Beach is outside the scope of CEQA analysis,
however your comments will be included as a part of City Council's consideration of the project.
Response to Comment 5-4:
Please refer to Response to Comment 5-3. Police presence during the development of Banning Ranch is
outside the scope of CEQA analysis and impacts to Police Services would be evaluated if development is
proposed for Banning Ranch.
Response to Comment 5-5:
Thank you for your comment. Comment noted.
Response to Comment 5-6:
As described in the Draft IS/MND, Section 4.13.2 Impact a) the noise from the proposed dog park, from
both dogs barking and dog -owners talking, would be well below (at least 30 dB below) ambient noise
levels. Noise is only additive if the noise source is within 10 dB of ambient noise levels. Since noise from
the proposed dog park would be at least 30 dB below ambient noise levels, it would not provide a
quantitative contribution to existing ambient noise levels and will not be discernible at the nearby homes.
A noise study was conducted for the Proposed Project to compare noise levels for similar activities at
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other comparable facilities; and these noise measurements are presented in detail in Table 4-24 of the
Draft IS/MND. Additionally, the proposed Project is anticipated to generate approximately 38 additional
daily trips above current conditions, which would have a negligible impact to the nearby roadway noise
levels. Therefore, it has been determined that the noise levels generated at the dog park would be within
the City's exterior daytime and nighttime residential noise standards. The Proposed Project would not
result in a significant impact to the nearest homes in the vicinity of the Project.
Response to Comment 5-7:
Please refer to Response to Comment 5-6. In addition, tree planting within the proposed Project site is
included to provide a visual buffer around the Project site. The dog park is at a lower elevation that Sunset
View Park and will be in a separate area. As described in the Draft IS/MND, Section 2.3.3, the design of
the proposed 0.2-0.3 acre dog park includes the installation of 6 -foot tall fences, separating large and
small dogs, thus clearly designating a space, specifically catered towards dogs and the pet owners.
Installation of the fences would prevent dogs from exiting the designated park area and prevent dogs
from entering any private properties or public roadways.
Response to Comment 5-8:
Thank you for your comment. Comment noted.
Response to Comment 5-9:
Thank you for your comment. Signage will be included that off -leash dogs must remain within the dog
park area.
Please refer to response to Comment 5-1.
As outlined in the City's Municipal Code Chapter 7.04.020: "No person having the care, charge or control
of any dog shall cause or allow, either willfully or through failure to exercise due care or control, such dog
to be present upon any beach, street, alley, or public place, or upon any private property or premises
other than his or her own without written consent of the owner or lessee of such land unless such dog is
securely restrained by a substantial leash or chain not exceeding six feet in length and controlled by a
person competent to restrain such dog. This section shall not be construed as allowing dogs on leashes in
the areas from which dogs are prohibited as designated by Sections 7.04.025, 7.04.030, and 7.04.050.
(Ord. 89-8 § 1, 1989: Ord. 1230 § 1, 1967: Ord. 796 (part), 1956: 1949 Code § 4107)." Park users shall
comply with the City's code for use of dog restraints in public places.
There are no traffic trip rates in the Institute of Transportation Engineers (ITE) Manual for dog parks. To
determine the potential trips associated with a dog park, a comparison to a similar dog park in Laguna
Beach was reviewed. The dog park in Laguna Beach is 2.5 acres in size and generates 480 trips per day. By
comparison, the proposed 0.2-0.3 acre dog park would generate approximately 38 trips per day. Per the
City Traffic Phasing Ordinance, a traffic impact study is required when there are more than 300 trips per
day generated by a project. Given the estimated trips, it was determined that there is less than significant
impact with the dog park portion of the Project.
As described in the Draft IS/MND, Section 4.14.1 Impact a) the proposed Project, including the dog park,
would not indirectly induce population growth and is intended to serve the existing population in the area.
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No roadways, transit, or bicycle lanes would be significantly modified as a result of the proposed Project
and therefore, would not conflict with applicable circulation plans. As discussed in Section 4.17.1 Impact
a) of the MND, the proposed Project would not result in a substantial increase of users that would
generate a significant increase in traffic because no construction of businesses or residences would occur
and no expansion of park facilities other than the small dog park are proposed.
As described in the Draft IS/MND, Section 2.3.3, the design of the proposed 0.2-0.3 acre dog park includes
the installation of 6 -foot tall fences, separating large and small dogs, thus clearly designating a space,
specifically catered towards dogs and the pet owners. Installation of the fences would prevent dogs from
exiting the designated park area and prevent dogs from entering any private properties or public
roadways.
Response to Comment 5-10:
As described in the Draft IS/MND, Section 4.3.3 Impact d) a regular maintenance schedule, including
proper handling and removal of pet waste will be established to prevent accumulation of dog waste at
the park thus preventing the generation of odor. Additionally, as part of the design, the dog park would
include conveniently -sited waste receptacles away from residences, and provision of waste bags for
owners' use. In addition, with the use of synthetic turf specifically designed for dog parks, the ease of
cleaning and maintenance is increased.
The appropriate disposal of dog waste onsite would minimize odors perceptible to people. Pursuant to
Section 7.20.020 of the City of Newport Beach Municipal Code, it is unlawful for a person in charge of any
animal "to permit such animal to defecate and to allow the feces to thereafter remain on any public
sidewalk, public beach or park or on any other public property or on any private property other than that
of the owner..." The Project's provision and maintenance of bags for the disposal of dog waste and of
trash receptacles at the dog park would facilitate compliance with Municipal Code Section 7.20.020.
Thus, the dog park is not expected to result in any significant impacts in relation to odor from pet waste.
The Project site is not anticipated to introduce any other objectionable odors.
Response to Comment 5-11:
Thank you for your comment. Please refer to Response to Comment 5-9.
Response to Comment 5-12:
Park hours will be enforced per the Municipal Code. A regular maintenance schedule will be maintained
to ensure needles and other refuse are cleaned out of the dog park and proposed Project site. Park rangers
will make regularly scheduled visits to parks.
As outlined in the City's Municipal Code Chapter 7.04.020: "No person having the care, charge or control
of any dog shall cause or allow, either willfully or through failure to exercise due care or control, such dog
to be present upon any beach, street, alley, or public place, or upon any private property or premises
other than his or her own without written consent of the owner or lessee of such land unless such dog is
securely restrained by a substantial leash or chain not exceeding six feet in length and controlled by a
person competent to restrain such dog. This section shall not be construed as allowing dogs on leashes in
the areas from which dogs are prohibited as designated by Sections 7.04.025, 7.04.030, and 7.04.050.
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(Ord. 89-8 § 1, 1989: Ord. 1230 § 1, 1967: Ord. 796 (part), 1956: 1949 Code § 4107)." Park users shall
comply with the City's code for use of dog restraints in public places.
Response to Comment 5-13:
Thank you for your comment. Comment noted.
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Comment Letter #6 — REO Nationwide
COMMENT LETTER#6
From: C1 Gehlke <ci@reonationwide.com>
Sent: Wednesday, September 25, 2019 6:53 PM
To: Tran, Andy
Cc: 'Mark Wilser'
Subject: Signage on PCH and Superior
Thank you for your work on this dog park issue. I consult by profession on highest and best use issues for
developers and lenders nationwide, and have done so for over 30 years. So I bring some experience to
my suggestion.
Again, the highestand best use for that corner with both present fatalities and accidents on that corner
and the future Banning Ranch projectis:
Police Sub -station. There is no police presence on this side of Newport. The quick response to the
accidents and thefts here would be such a great thing for the community. A sub station was previously
proposed as part of the community center idea. At that time, the voices from the neighborhood were
loudly hoping that if anything proposed were resisted, the corner might be left alone. That corner is too
expensive and high value dirt to leave alone. It will be developed. So to suggest what might service the
community best with the dangerous corner in mind would be a far better response than simple and
repeated opposition.
Comment
6-1
It is my understanding that the Police Dept could be approached again, as they were involved previouslyI Comment
on the prior plan to incorporate a substation there, askingfor supportfor a substation. 6-2
Less traffic, less pedestrians, presence both at the ready when needed and a visual deterrent to the Comment
problems currently occurring on that corner. Not one day goes by that on my twice daily walk I am 6-3
nearly run down by a car blowing through a red and cars speeding through nearly hitting pedestrians. A
cash infusion could be the result of the ticket potential from both unleashed dogs in both adjacent parks
and the constant traffic infractions on thatcorner.
Please redirect attention to a police substation as an alternate concept which would be highly useful, life
saving and provide much needed support for the upcoming development next to the Ridge Parkas well.
Thanks for letting me help you today!
CJ Gehlke, CEO/Founder
licensed since 1979 DRE No. 00803243
REO Nationwide, Inc.
Beneficial RE Inc.
DRE No. 01334672
www.reonationwide.com
Office: Newport Beach, CA 92663
Mail: 1927Harbor Blvd. Suite 100
Costa Mesa, CA 92627
ci@reonationwide.com
phone: 888.700.0868 x 326
fax: 888.700.0868
Linkedin: www.(inkedin.com/pub/carol-iean-%22ci%22-Qehlkelal915/714
REO Disposition Outsource Services
BPO and APPRAISAL Services - Individual or VolumeBulk
BULK Sale Facilitation
Comment
6-4
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Your Outsource company for life. My team and I are committed to
providing you with extraordinary personalized service 100% of the
time. Our mission is to build a solid, life-long relationship with you.
The goal is to meet and exceed your expectations far the lifetime of
our relationship. We want you to be so happy with our services that
you feel compelled to refer people you respect to us. The greatest
compliment we can receive is a referral from you.
CJ
Chambers Group, Inc.
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Response To Comment Letter #6 — REO Nationwide
Response to Comment 6-1:
Thank you for your comment.
As described in the Draft IS/MND, Section 2.2 Project Purpose and Objectives, the objectives of the Project
a re:
• To improve safety and access to Sunset Ridge Park for pedestrians and bicyclists by eliminating
the need to cross Superior Avenue via the existing at -grade crosswalk.
• To provide additional parking spaces to better serve both passive uses and organized sporting
events (mostly youth) at Sunset Ridge Park in an area where parking is limited.
• To reduce traffic signal wait times by shifting pedestrian and bicycle traffic from the at -grade
crosswalk to the bridge.
• To expand recreational options in this part of the City by developing a small dog park just below
Sunset View Park, adjacent to the expanded parking lot.
As described in the Draft IS/MND, Section 2.2 Project Purpose and Objectives, the Proposed Project aids
in improving safety and access to Sunset Ridge Park for pedestrians and bicyclists by eliminating the need
to cross Superior Avenue via the existing at -grade crosswalk. This is an improvement from the present
conditions where pedestrians and bicyclists typically cross the busy, major arterial roadways, West Coast
Highway and Superior Avenue, to reach Sunset Ridge Park. For pedestrians traveling along the eastern
sidewalk along Superior Avenue, the access point to the parking lot would remain in the same location,
therefore the Project would not result in a change in traffic patterns over what is already expected along
the roadway.
Response to Comment 6-2:
Please refer to Response to Comment 6-1. Police services were analyzed for potential impacts created by
this particular project. Provision of a police substation at this site is outside the scope of this CEQA analysis;
however, this comment will be considered by City Council during the review of this Project.
Response to Comment 6-3:
Please refer to Response to Comment 6-1.
Response to Comment 6-4:
Thank you for your comment. Police and other public services will be evaluated if development is
proposed in the area in the future. Currently there is no application on file proposing development of
Ridge Park. Signage will be included that off -leash dogs must remain within the dog park area.
As outlined in the City's Municipal Code Chapter 7.04.020: "No person having the care, charge or control
of any dog shall cause or allow, either willfully or through failure to exercise due care or control, such dog
to be present upon any beach, street, alley, or public place, or upon any private property or premises
other than his or her own without written consent of the owner or lessee of such land unless such dog is
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securely restrained by a substantial leash or chain not exceeding six feet in length and controlled by a
person competent to restrain such dog. This section shall not be construed as allowing dogs on leashes in
the areas from which dogs are prohibited as designated by Sections 7.04.025, 7.04.030, and 7.04.050.
(Ord. 89-8 § 1, 1989: Ord. 1230 § 1, 1967: Ord. 796 (part), 1956: 1949 Code § 4107)." Park users shall
comply with the City's code for use of dog restraints in public places.
As described in the Draft IS/MND, Section 2.3.3, the design of the proposed 0.2-0.3 acre dog park includes
the installation of 6 -foot tall fences, separating large and small dogs, thus clearly designating a space,
specifically catered towards dogs and the pet owners. The dog park would also have ancillary facilities
like a water fountain, benches, shade structure, security lighting, trash cans and waste bag dispensers for
the pet owners' convenience and use. Some of these features would be absent in Sunset Ridge Park,
namely the ability to allow dogs off -leash, thus acting as an incentive for pet owners to remain within the
dog park. Installation of the fences would prevent dogs from exiting the designated park area and prevent
dogs from entering any private properties, or public roadways.
As noted above, provision of a police substation is outside the scope of the CEQA analysis for this project
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Comment Letter #7 — David Tanner
COMMENT LETTER#7
From: Brine, Tony
Sent: Thursday, September 26, 2019 12:19PM
To: 'dave@earsi.com'
Cc: Jurjis, Seimone; Webb, Dave (Public Works); Tran, Andy
Subject: RE: Clarification of Updated CEQAGuidelines
Dear Mr. Tanner,
I have been asked to respond to your question regarding CEQA analysis of transportation/traffic impacts
with City CIP projects, or private development projects.
As I'm sure you are aware, Senate Bill 743 contains Guidelines regarding assessment of projects using
VMT as the measure of transportation impacts. The CEQA Guidelines that implement 56 743 were
approved on December 28, 2018. July 1, 2020 is the statewide implementation date and agencies may
opt -in use of new metrics prior to that date. Prior to that July date, the city will determine our most
appropriate thresholds.
For the Superior Bridge project, the CEQA Transportation analysis was appropriate because there is no
trip generation associated with the project.
For the Newport Village Mixed Use development project, there will be a traditional traffic level of
service (LOS) analysis and a CEQA vehicle miles travelled (VMT) analysis. The traffic analysis "Traffic
Study" will use LOS as the impact threshold and will be prepared per the city's Traffic Phasing Ordinance
(TPO) guidelines. The CEQA analysis will be prepared using the Governor's Office of Planning and
Research (OPR) guidelines.
The use of both LOS and VMT will be model for traffic and transportation analysis for CEQA documents. I
hope this helps answer yourquestions.
Tony Brine, P.E., T.E.
City Traffic Engineer
100 Civic CenterDrive
Newport Beach, CA92660
Phone: (949) 644-3329
e-mail: tbrineanewoortbeachca.eov
From: Jurjis, Seimone
Sent: Tuesday, September 24, 2019 3:00 PM
To: Webb, Dave (Public Works) <DAWebb@newportbeachca.gov>; Brine, Tony
<tbri ne@ newportbeachca.gov>
Subject: FW: Clarification of Updated CEQA Guidelines
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From: dave@earsi.com [mailto:dave@earsi.com]
Sent: Tuesday, September 24, 2019 2:39 PM
To: Jurjis, Seimone <sjuriis@newportbeachca.gov>
Cc: Harp, Aaron <aharp@newportbeachca.gov>
Subject: Clarification of Updated CEQAGuidelines
Hi Seimone,
I intentto make the following request for clarification at today's City Council meeting.
Non -Agenda Item
Clarification on the City's position regarding the implementation of the Resource Agencies Updated
SEIMONEJUMIS, P.E.,C.B.O.
1
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Community Development Department
Y P
,.. 5.
�i �'"s�i
Community Development Director
..:
:v„un•
siuriisC&newportbeachca.aov
recent court decisions and changes to streamline the CEQA process. One of these changes was the
949-644-3282
From: dave@earsi.com [mailto:dave@earsi.com]
Sent: Tuesday, September 24, 2019 2:39 PM
To: Jurjis, Seimone <sjuriis@newportbeachca.gov>
Cc: Harp, Aaron <aharp@newportbeachca.gov>
Subject: Clarification of Updated CEQAGuidelines
Hi Seimone,
I intentto make the following request for clarification at today's City Council meeting.
Non -Agenda Item
Clarification on the City's position regarding the implementation of the Resource Agencies Updated
CEQA Guidelines
On December 28, 2018 the Resources Agency adopted updated Guidelines for compliance with the
California Environmental Quality Act. The Updated Guidelines made significant changes reflecting
recent court decisions and changes to streamline the CEQA process. One of these changes was the
elimination of an analysis of a project's "Traffic" impacts and the inclusion of an analysis of a project's
"Transportation" impacts. In simple terms "Traffic" is the evaluation of a project's vehicular delay and
Comment
congestion. "Transportation" is the evaluation of a project's vehicular trip lengths and vehicle miles
7-1
traveled.
The City has published a Notice of Availability and Intent to Adopt a Mitigated Negative Declaration for
the Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project(Pa2019-014). (I support this
Comment
project but feel that the parking capacity should be increased by one or more underground parking
7-2
levels due to the scarcity of areas available for such uses.) The Draft CEQA document for this project
does not contain an evaluation of the project's "traffic" impacts. It includes discussion of the project's
"Transportation" impacts.
In contrast Consent Calendar Items 13 on today's Agenda is the award of a contract for CEQA services
for the Proposed NewportVillage Mixed -Use Project Located in the 2000 Block of West Coast Highway
(PA2017-253). (I support Staff's conclusion an EIR be prepared for this project). However, the scope of
Comment
work for this EIR includes a TrafficStudy.
7-3
Therefore, I request the City clarify its position on this important elementof CEQA.
How will "Traffic" be considered in CEQAdocuments?
Feel free to call if you havequestions.
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Cheers,
Dave
David J. Tanner, President
Environmental & Regulatory Specialists, Inc.
223 62nd Street
Newport Beach, CA92663
949 646-8958 wk
949 233-0895 cell
Notice of Confidentiality:
This e-mail and any attachments thereto, is intended only for use by the address(s) named herein and
may contain legally privileged and/or confidential information. If you are not the intended recipient of
this e-mail, you are hereby notified that any dissemination, distribution or copying of this email, andany
attachments thereto, is strictly prohibited. If you have received this e-mail in error, please notify me by
e-mail by replying to this message and permanently delete the original and any copy of any email and
any printout thereof.
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Response To Comment Letter #7 — David Tanner
Response to Comment 7-1:
Thank you for your comment. Comment noted.
Response to Comment 7-2:
The Draft IS/MND does contain analysis for transportation impacts, which includes a discussion on traffic
patterns in the area and potential construction and operational impacts.
Response to Comment 7-3:
Senate Bill 743 (SB 743) was certified, adopted, and was included in the updated CEQA Guidelines. Under
SB 743, auto delays in traffic (intersection Level of Service) would not be considered a significant impact
under CEQA, rather, vehicle miles traveled (VMT) would be the metric for analyzing transportation
impacts.
There are no traffic trip rates in the Institute of Transportation Engineers (ITE) Manual for dog parks. To
determine the potential trips associated with a dog park, a comparison to a similar dog park in Laguna
Beach was reviewed. The dog park in Laguna Beach is 2.5 acres in size and generates 480 trips per day. By
comparison, the proposed 0.2-0.3 acre dog park would generate approximately 38 trips per day. Per the
City Traffic Phasing Ordinance, a traffic impact study is required when there are more than 300 trips per
day generated by a project. Given the estimated trips, it was determined that there is less than significant
impact with the dog park portion of the Project.
As described in the Draft IS/MND, Section 4.14.1 Impact a) the proposed Project, including the dog park,
would not indirectly induce population growth and is intended to serve the existing population in the area.
No roadways, transit, or bicycle lanes would be significantly modified as a result of the proposed Project
and therefore, would not conflict with applicable circulation plans. As discussed in Section 4.17.1 Impact
a) of the MND, the proposed Project would not result in a substantial increase of users that would
generate a significant increase in traffic because no construction of businesses or residences would occur
and no expansion of park facilities other than the small dog park are proposed.
All traffic trips associated with Sunset Ridge Park (land use) are generated by the park visitors. The
proposed parking lot expansion and bridge are not land uses and do not generate new trips. The parking
lot and bridge are ancillary to the land use. Because there is no change to the park site with the Project
area, there are no additional traffic trips that could be associated with the bridge and parking lot Project.
The traffic trips associated with the park visitors, that will use the proposed bridge and expanded parking
lot, already exist in the roadway system. Currently, the Sunset Ridge visitors park their vehicles where
there are available parking spaces in the area. If the existing parking lot is full, park visitors find alternate
parking places in the area, or drop off visitors and users.
As described in the Draft IS/MND, Section 4.17.1 Impact a), the expanded parking lot associated with the
proposed Project would serve existing park users and would not generate a significant increase in traffic
because no businesses or residences are being constructed and no additional park facilities besides the
dog park will be introduced. In fact, the parking lot would provide a designated parking area to diverge
parking -related traffic from surrounding residential and commercial areas. Furthermore, there would be
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no conflict with applicable circulation plans due to no significant proposed modifications to roadways,
transit, or bicycle lanes.
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Comment Letter #8 —Sandy Frizzell
COMMENT LETTER#8
From: Sandy <sandyfrizzell@road runner.com>
Sent: Thursday, September 26, 2019 9:19 PM
To: Tran, Andy
Subject: Lower Sunset View Park/Superior Avenue Pedestrianand Bicycle Bridge
and Parking Lot Project
Dear Mr.Tran,
I live at 200 Paris on the second floor at the far corner of Superior Avenue and PCH in Villa
Balboa. Sunset View Park is my front yard. I can see it from most rooms in my condo. I love it here. I
enjoy the people, activities and of course the awesome views. These changes will greatly affect my life. Comment
8-1
1 have read the Initial Studythat is on line, not all of it, of course, but the parts that interest me. I have
a few concerns. Would it be possible for us to meet, either in your office or even better at the
site? I highly commend the city for both Sunset View and Sunset Ridge (except for the parking) Parks.
They are both great additions to Newport Beach. I wantto like this project, but I need to understand it Comment
better. Let me know if meeting is possible and if so when. 8-2
Thank you,
Sandy Frizzell
949-646-3248
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Response To Comment Letter #8 — Sandy Frizzell
Response to Comment 8-1:
Thank you for your comment; this comment has been noted.
Response to Comment 8-2:
As described in the Draft IS/MND, Section 2.2 Project Purpose and Objectives, the Proposed Project aids
in improving safety and access to Sunset Ridge Park for pedestrians and bicyclists by eliminating the need
to cross Superior Avenue via the existing at -grade crosswalk. This is an improvement from the present
conditions where pedestrians and bicyclists typically cross the busy, major arterial roadways, West Coast
Highway and Superior Avenue, to reach Sunset Ridge Park. Due to West Coast Highway and Superior
Avenue being major arterials with a high volume of vehicular traffic, the purpose of the bridge would not
only improve safety and access to Sunset Ridge Park, but also improve the vehicular efficiency of the
Superior Avenue/West Coast Highway intersection. Specifically, the objectives of the Project are:
• To improve safety and access to Sunset Ridge Park for pedestrians and bicyclists by eliminating
the need to cross Superior Avenue via the existing at -grade crosswalk.
• To provide additional parking spaces to better serve both passive uses and organized sporting
events (mostly youth) at Sunset Ridge Park in an area where parking is limited.
• To reduce traffic signal wait times by shifting pedestrian and bicycle traffic from the at -grade
crosswalk to the bridge.
• To expand recreational options in this part of the City by developing a small dog park just below
Sunset View Park, adjacent to the expanded parking lot.
The City has met with multiple local community groups to discuss the proposed Project, and appreciates
the community's interest in the proposed Project.
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Comment Letter #9—Suresh Parikh
COMMENT LETTER #9
From: Detweiler, Laura
Sent: Tuesday, October 1, 20191:43 PM
To: Tran, Andy
Subject: FW: Proposed Dog Park on Superior Avenue
Andy, making sure you received this as part of the public comment period.
LAURA DETWEILER, MA I Director
Recreation & Senior Services Department
City of Newport Beach
City Hall - 100 Civic Center Drive, Bay E, Newport Beach CA 92660
p: 949-644-3157 1 f: 949-644-3155 1 e: Idetweiler@newportbeachca.gov
visit us: www.newportbeachca.gov/recreation
Q@cityofnewportbeach ;-
From: SURESH PARIKH <suresh parikh@hotmail.com>
Sent: Friday, September 27, 2019 3:53 PM
To: citycouncil@newprtbeachca.gov; Detweiler, Laura <LDetweiler@newportbeachca.gov>
Cc: Ryan Darby <rdarby@actionlife.com>; SURESH PARIKH <suresh parikh@hotmail.com>
Subject: Proposed Dog Park on Superior Avenue
Date: September 27, 2019
To:
Ms. Diane Dixon, Newport Beach Mayor
Mr. Brad Avery, City Council Member Mr.
Duffy Duffield, City Council Member Mr.
Kevin Muldoon, City Council Member
Mr. Jeff Hardman, City Council Member
Ms. Joy Brenner, City Council Member
Mr. Will O'Neill, City Council Member
City of Newport Beach, CA
100 Civic Center Drive
Newport Beach, CA 92660
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Dear Ms. Dixon and City Council Members,
We have just recently become aware of the proposed dog park on SuperiorAvenue,
which will be a part of or next to Sunset View Park (SSVP).
We would like to go on record for expressing our COMPLETE OPPOSITION to this Comment
proposed Dog Park. 9-1
(1)We moved into Villa Balboa (VBB) in 2016 with an assurance that VBB does not
allow dogs in the Community Association. This was one of our basis to move into VBB.
(2)We enjoy the use of SSVP, for an evening walk or for a daytime visit to the greens
Comment
and seating benches.
9-2
(3) The proposed Dog Park is so CLOSE to SSVP, without any buffer area between.
Comment
9-3
(4)We have never seen any enforcement of Leash Laws at SSVP or Sunset Ridge Park
Comment
(SSRP).9-4
(5)Many dog owners HARDLY pick up after their dogs have excreted, leaving smell and
comment
stench of feces and urine.
9-5
(6)There could be harmful pathogens, parasites and diseases left from the dog feces
and urine in the air near by, which could adversely affect health of the residents living
next door. Comment
9-6
We live JUST FEW FEET AWAY. We certainly disapprove of this proposal.
Sincerely.
Suresh Parikh
Usha Parikh
220 Nice Lane, # 315
Newport Beach, CA 92663
(949) 873-5656
suresh parikh hotmail.com
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Response To Comment Letter #9 — Suresh Parikh
Response to Comment 9-1:
Thank you for your comment; this comment noted.
Response to Comment 9-2:
Comment noted.
Response to Comment 9-3:
The proposed dog park will be approximately 50 feet downslope of Sunset View Park, and approximately
100 feet to the southwest of Sunset View Park. .
Response to Comment 9-4:
Signage will be included that off -leash dogs must remain within the dog park area. As outlined in the City's
Municipal Code Chapter 7.04.020: "No person having the care, charge or control of any dog shall cause or
allow, either willfully or through failure to exercise due care or control, such dog to be present upon any
beach, street, alley, or public place, or upon any private property or premises other than his or her own
without written consent of the owner or lessee of such land unless such dog is securely restrained by a
substantial leash or chain not exceeding six feet in length and controlled by a person competent to restrain
such dog. This section shall not be construed as allowing dogs on leashes in the areas from which dogs are
prohibited as designated by Sections 7.04.025, 7.04.030, and 7.04.050. (Ord. 89-8 § 1, 1989: Ord. 1230 §
1, 1967: Ord. 796 (part), 1956: 1949 Code § 4107)." Park users shall comply with the City's code for use of
dog restraints in public places.
Response to Comment 9-5:
Thank you for your comment. As described in the Draft IS/MND, Section 2.3.3, the design of the proposed
0.2-0.3 acre dog park includes the installation of 6 -foot tall fences, separating large and small dogs and
enclosing the dog park, thus clearly designating a space, specifically catered towards dogs and the pet
owners. Installation of the fences would prevent dogs from exiting the designated area and prevent dogs
from entering any private properties, or public roadways. The dog park would also have ancillary facilities
like a water fountain, benches, shade structure, security lighting, trash cans and waste bag dispensers for
the pet owners' convenience and use.
As described in the Draft IS/MND, Section 4.3.3 Impact d) a regular maintenance schedule, including
proper handling and removal of pet waste.will be established to prevent accumulation of dog waste at
the park thus preventing the generation of odor. Additionally, as part of the design, the dog park would
include conveniently -sited waste receptacles away from residences, and provision of waste bags for
owners' use. In addition, with the use of synthetic turf, the ease of cleaning and maintenance is increased.
The appropriate disposal of dog waste onsite would minimize odors perceptible to people. Pursuant to
Section 7.20.020 of the City of Newport Beach Municipal Code, it is unlawful for a person in charge of any
animal "to permit such animal to defecate and to allow the feces to thereafter remain on any public
sidewalk, public beach or park or on any other public property or on any private property other than that
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of the owner..." The Project's provision and maintenance of bags for the disposal of dog waste and of
trash receptacles at the dog park would facilitate compliance with Municipal Code Section 7.20.020.
Thus, the dog park is not expected to result in any significant impacts in relation to odor from pet waste.
The Project site is not anticipated to introduce any other objectionable odors. In addition, as noted above,
the proposed dog park is located downslope from the nearest residents.
Response to Comment 9-6:
Please refer to Response to Comment 9-5.
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Comment Letter #10—Tinnelly Law Group (Villa Balboa Attorney)
COMMENT LETTER #10
TIN NELLY
LAW GROUP
ORAN G E COUNTY September 19;2019
271rJ1 P_.o R-?nl limp S
C,.9
Fa97 P'
VaU..S. Mail & Certified Mail. Return-Reeei ntReau ..e ed
Sean Levin, Deputy Director
Recreation and Senior Services Department
City of Newport Beach
LOSANGELES PO Box 1768
Newport Beach, CA 92658
Ref.#: 7428
RIVERSIDE COUNTY RE: The Villa Balboa Community Association
Objections to Proposed Sooset View Dog Park
Dear W. Levin:
SAN DIEGO
Our office is general counsel to The Villa Balboa Community Association
("Association"), a 449 -unit condominium community located immediately nort he ast of '
the Sunset View Parkoff of Superior Blvd. in Newport Beach.
SAN FRANCISCO BAY ARE4 \'(/e are aware that the City of Newport Beach has propo sed to construct a public dog
park adjacent to Sunset View Park, directly next to the Association's community. T he
Comment
Association believes that this proposed dog park will have a significant and continuing
10-1
negative impact on the Association, its residents, and surrounding property values. To
date, the City of Newport Beach has not indicated any willingness to minimize the
harmful consequences of this propo sed dog park to neighboring communities.
As a preliminary m atter, the Association already suffers from an influx of trespassers
Comment
who regularly abuse the Association's private amenities, such as parking, to access the
10-2
City's public parks and beaches located near the community. D esp ite the Association's
diligent mitigation and enforcement measures, individuals routinely take advantage of
Comment
the Association's private parking to use the City's public amenities. These violations
come with significant administrative costs required to deter this harmful conduct and to
10-3
protect the Association's community. Adding a nd. v public dog park next to the
community will further cause irreparable harm to the Association and its residents as the
Comment
indiscriminate abuse of the parking facilities will continue to mount and increase with
10-4
new public amenities being added so close to the Association.
In addition to the increase in trespass, the proposed dog park will constitute a nuisance
to the Association and its residents as feces (including airborne fecal matter), urine,
Comment
noxious odors, and incessant dog barking will plague the residen ts. The Association
10-5
already experiences routine lapses in pet owner obligations to clean up after their pets as
they walls through the public access path of Sunset View Park. Nearly every single day,
afternoon onshore winds travel from the ocean towards and up the interior of
Comment
peninsula. With the development of the proposed dog park, these winds will pass
10-6
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Levin
September 19,2019
Page 2 oft
7928/60775
through the dog park and direct a pervasive stream of excrement and urine odors directly through the
community every afternoon, almost without exception. Along with the nuisance odors, persistent
barking, whistles, and loud noises will affect the Association's residents at allhours of the day.
For the foregoing reasons, the Association is strongly opposed to any public dog park located near
the Association's community. The Association would like the City of Newport Beach to take into
consideration these significant and legitimate issues prior to approval any public dog park located in
or around Sunset View park. We welcome the opportunity to open a dialogue with the City of
Newport Beach to further review and discuss these concerns.
Very truly yours,
TINNELLYLAW GROUP
MATTHEW PLAXTON, ESQ.
i\tT'1':kk
CC Bo.1rd of 1)jrc, l nr, - Yill.i lhlhn: l cNmnl llli(1 \ Jci limon
7MELLY LAW GROUP
,1 p'o(r{,ic,ti=lli' 1_1powilm
'U101 NO-10Rf::nLSui/r; 250 1 /-.11 is !on Viejo, CA 92691
Comment
10-6
Comment
10-7
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Response To Comment Letter #10 —Tinnelly Law Group (Villa Balboa Attorney)
Response to Comment 10-1:
Thank you for your comment. Comment noted. The City of Newport Beach has met multiple times with
the Villa Balboa community to hear concerns regarding the proposed Project.
Response to Comment 10-2:
Comment noted. This is outside the scope of CEQA analysis for this Project, but your comment will be
included for City Council's consideration.
Response to Comment 10-3:
Comment noted. The proposed Project will provide additional parking for users of the proposed dog park,
Sunset View Park, and Sunset Ridge Park.
Response to Comment 10-4:
As described in the Draft IS/MND, Section 4.17.1 Impact a), the expanded parking lot associated with the
proposed Project would serve existing park users and would not generate a significant increase in traffic
because no businesses or residences are being constructed. In addition, the only park facility being
introduced is the proposed 0.2 -0.3 -acre dog park expected to only generate approximately 38 vehicle trips
per day. In fact, the expanded parking lot would provide a parking area to divert parking -related traffic
from surrounding residential and commercial areas, as well as provide designated parking for the
proposed dog park.
Response to Comment 10-5:
As described in the Draft IS/MND, Section 4.3.3 Impact d) a regular maintenance schedule, including
proper handling and removal of pet waste will be established to prevent accumulation of dog waste at
the park thus preventing the generation of odor. Additionally, as part of the design, the dog park would
include conveniently -sited waste receptacles away from residences, and provision of waste bags for
owners' use.
The appropriate disposal of dog waste onsite would minimize odors perceptible to people. Pursuant to
Section 7.20.020 of the City of Newport Beach Municipal Code, it is unlawful for a person in charge of any
animal "to permit such animal to defecate and to allow the feces to thereafter remain on any public
sidewalk, public beach or park or on any other public property or on any private property other than that
of the owner..." The Project's provision and maintenance of bags for the disposal of dog waste and of
trash receptacles at the dog park would facilitate compliance with Municipal Code Section 7.20.020. Thus,
the dog park is not expected to result in any significant impacts in relation to odor from pet waste. The
Project site is not anticipated to introduce any other objectionable odors.
As described in the Draft IS/MND, Section 4.13.2 Impact a) the noise from the proposed dog park, from
both dogs barking and dog -owners talking, would be well below (at least 30 dB below) ambient noise
levels. Noise is only additive if the noise source is within 10 dB of ambient noise levels. Since noise from
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i
the proposed dog park would be at least 30 dB below ambient noise levels, it would not provide a
quantitative contribution to existing ambient noise levels and will not be discernible at the nearby homes.
A noise study was conducted for the Proposed Project to compare noise levels for similar activities at
other comparable facilities; and these noise measurements are presented in detail in Table 4-24 of the
Draft IS/MND. Additionally, the proposed Project is anticipated to generate approximately 38 additional
daily trips above current conditions, which would have a negligible impact to the nearby roadway noise
levels. Therefore, it has been determined that the noise levels generated at the dog park would be within
the City's exterior daytime and nighttime residential noise standards. The Proposed Project would not
result in a significant impact to the nearest homes in the vicinity of the Project.
Response to Comment 10-6:
Please refer to Response to Comment 10-5.
As described in the Draft IS/MND, Section 4.3.3 Impact d) a regular maintenance schedule, including
proper handling and removal of pet waste will be established to prevent accumulation of dog waste at
the park thus preventing the generation of odor. Additionally, as part of the design, the dog park would
include conveniently -sited waste receptacles away from residences, and provision of waste bags for
owners' use. With the use of artificial turf at the Civic Center dog park in the City, the maintenance
schedule has ensured that no waste or odors remain. The City plans to use artificial turf for the proposed
Project's dog park as well.
The southwest edge of Sunset View Park will block the line -of -sight between the proposed dog park and
the Villa Balboa Condos. In fact the proposed dog park will be located more than 20 feet lower than the
elevation at Sunset View Park. Since sound travels in straight lines, the southwest edge of Sunset View
Park will effectively act like a 20 foot high sound wall between the proposed dog park and the condos. As
such, only nominal construction noise impacts are anticipated to occur from the proposed project at the
Villa Balboa Condos and no operational noise impacts from the proposed dog park or any other noise
sources are anticipated to occur at the Villa Balboa Condos.
Response to Comment 10-7:
Thank you for your comment. Comment noted.
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Comment Letter #11—Michael Call, Mark Wilser, Deborah Gero
COMMENT LETTER #11
From:
Tran, Andy
Sent:
Wednesday, October 2, 2019 7:54 AM
To:
'Michael Call'
Cc:
'Mark Wilser';'Deborah Gero'; Ryan Darby (rdarby@actionlife.com)
Subject:
RE: Could you keep us informed as to any meetings or general
communications with Ryan Darby? It is my understanding that you
will be contacting all the association for a follow-up and discussion
on the environmental document (Mitigation Negative Declarati
Good morning Michael, Mark and Deborah,
I contacted Ryan Darby late yesterday afternoon to arrange for another community meeting with only
Villa Balboa residents. Ryan has the tentative meeting information and will confirm with the HOA and
get back to me this week. To avoid confusion, please check with Ryan as he is my single point of contact
for Villa Balboa in regards to community meetings. With that said, I am always available to answer
questions regarding the City's proposed improvements. You are welcome to email me your written
comments on the environmental document with is a Mitigated Negative Declaration. We will provide a
formal written response at the end of the 30 -day public review period. This is the California
Environmental Quality Act (CEQA) process that the City is required to follow for this type of project.
Thank you,
Andy Tran, P.E.
Senior Civil Engineer
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Phone:949-644-3315
From: Michael Call <onecall4alll@verizon.net>
Sent: Tuesday, October 1, 2019 2:54 PM
To: Tran, Andy <ATran@newportbeachca.gov>
Cc:'Mark WiIse r'<mw@globaIca pitalmarkets.com>;'Deborah Gero' <debigero@gmail.com>
Subject: Could you keep us informed as to any meetings or general communications with Ryan Darby? It
is my understanding that you will be contacting all the association for a follow-up and discussion on the
environmental document (Mitigation Negative Declaration)
Hello Andy Tran,
Could you keep us informed as to any meetings or general communications with Ryan Darby? ItComment
is my understanding that you will be contacting all the association for a follow-up and discussionT 11-1
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on the environmental document (Mitigation Negative Declaration) for the Superior Ave Ped
Bridge, Parking Lot and Dog Park.
Us means: Comment
Mark Wilser mw@alobalcapitalmarkets.com 11-1
Deborah Gero debi ero@gmail.com continued
Michael Call onecall4a111(a.verizon.net
Thank you,
Michael Call
210 Lille Lane 208
Newport Beach, CA 92663
Cell (714) 791-1102
From: Michael Call [mailto:onecall4alll(&verizon.net]
Sent: Tuesday, October 01, 2019 11:24 AM
To: Tran, Andy'
Cc: 'Mark Wilsey'; 'Deborah Gero'
Subject: Where is the link to the report? What is the MND public review period? How do we make our
comments know to the decision makes?
Comment
Where is the link to the report?
11-2
What is the MND public review period?
11-3
How do we make our comments know to the decision makes?
11-4
When will you be at Villa Balboa for comments on the report?
11-5
From: Tran, Andy [mailto:ATran(inewportbeachca.gov]
Sent: Wednesday, September 25, 2019 7:42 AM
To: 'Michael Call'
Cc: 'Mark Wilsey; 'Deborah Gero'
Subject: RE: What is the MND public review period? How do we make our comments know to the
decision makes?
Good morning everyone,
The MND public review period is an opportunity for the public to comment on the environmental
document that was prepared for this project. N1ND's include many technical studies and mitigation
measures to address potential impacts. These technical studies include noise and visual impacts to
name a few.
Feel free to send me your written comments via email or letter. We will provide a formal response at
the end of the 30 -day review period.
Thanks,
Andy Tran, P.E.
Senior Civil Engineer
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City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Phone:949-644-3315
From: Michael Call <onecall4alll@verizon.net>
Sent: Tuesday, September 24, 2019 5:13 PM
To: Tran, Andy <ATran@newportbeachca.gov>
Cc:'Mark Wilser'<mw@globalcapitalmarkets.com>;'Deborah Gero' <debigero@gmail.com>
Subject: What is the MND public review period? How do we make our comments know to the decision
makes?
Andy,
What is the MND public review period? How do we make our comments know to the decision makes?Comment
Thank you, 11-6
Michael Call
From: Tran, Andy[mailto:ATran('Onewportbeachca.gov]
Sent: Tuesday, September 24, 2019 11:16 AM
Subject: FW: City of Newport Beach: UPDATED - Notice of Availability and Intent to Adopt a Mitigated
Negative Declaration
Good morning everyone,
I wanted to inform everyone that our environmental document (Mitigation Negative Declaration) is
currently available for public review (see below). Some of you will be receiving a notice in the mail
regarding this matter. During our community meetings back in May and June of this year, I may have
mentioned that City Council will consider the adoption of this document and the conceptual design on
October 22, 2019. This date has been tentatively postponed to November 19, 2019. The exact date of
this meeting is largely dependent on the comments that the City may during the MND public review
period. Please check the project webpage (www.newportbeachca.gov/superiorbridge) regularly for up-
to-date project information. Also, please share this email with your community members.
Thank you,
Andy Tran, P.E.
Senior Civil Engineer
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Phone: 949-644-3315
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From: NoReply@newportbeachca.gov
Sent: Tuesday, September 24, 2019 10:04 AM
To: Tran, Andy <ATran@newportbeachca.gov>
Subject: City of Newport Beach: UPDATED - Notice of Availability and Intent to Adopt a Mitigated
Negative Declaration
Content Updated: This News has been previously sent out.
UPDATED - Notice of Availability and Intent to Adopt a Mitigated Negative
Declaration
Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project (PA2019-014)
Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project. The Initial Study is
available for a 30 -day public review period beginning September 23, 2019, and ending October
23, 2019.
Post Date: 09/24/2019 9:00 am
Planning Division News Splash:
UPDATED REVIEW PERIOD
NOTICE OF AVAILABILITY AND INTENTTO ADOPT MITIGATED NEGATIVE DECLARATION FOR
THE
SUPERIOR AVENUE PEDESTRIAN AND BICYCLE BRIDGE AND PARKING LOT PROJECT
(PA2019-014)
Notice is hereby given that the City of Newport Beach (Lead Agency) has completed an Initial
Study and intends to adopt a Mitigated Negative Declaration for the Superior Avenue Pedestrian
and Bicycle Bridge and Parking Lot Project, prepared in accordance with the California
Environmental Quality Act (CEQA), and the CEClA Guidelines.
Project Title: Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project
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Project Applicant: City of Newport Beach
Project Location: The proposed Project is located within the City of Newport Beach and is located
approximately 1,000 feet from the coastline in Orange County, California. The entire Project site
is within the boundary of the coastal zone as established by the California Coastal Act. Currently,
an existing City -owned parking lot with 64 metered parking stalls is located at the northeast
corner of this intersection. Directly east of the existing parking lot is an undeveloped piece of
land with steep slopes. The Project site is surrounded by the Pacific Ocean, Sunset View Park,
Sunset Ridge Park, vegetated hillsides, major roads, and residential homes. Superior Avenue runs
along the western boundary and the West Coast Highway runs along the southern boundaries of
the Project site, respectively.
Project Description: The City proposes the construction of a pedestrian and bicycle bridge
overcrossing Superior Avenue, a new larger parking lot and a fenced dog park totaling
approximately 3.4 acres in size. Due to the proximity to the coast, the area receives a significant
amount of pedestrian and bicycle traffic. Sunset Ridge Park, constructed in December 2014, is a '.
13.7 -acre active park with a baseball field and two soccer fields. Currently, visitors to Sunset Ridge
Park use the existing parking lot across Superior Avenue and cross at the at -grade Superior
Avenue/West Coast Highway intersection because no on-site parking is provided at Sunset Ridge
Park. The new pedestrian and bicycle ramp will provide access to the parking lot and bridge from
the north side of West Coast Highway. Additionally, the proposed Project would include the
construction of a new sidewalk/bike path from the modified parking lot entrance to the proposed
bridge. The proposed bridge would help facilitate movement of pedestrians and bicyclists across
Superior Avenue. The proposed bridge would connect Sunset Ridge Park to a new, larger asphalt
parking lot with a range of 100 to 128 parking spaces. Construction of the proposed Project would
also include the installation of a fenced dog park, separating large and small dogs, which may
include benches and trash cans. The dog park will be 0.2 to 0.3 acres in size. The dog park would
require a new water service for the water fountain and for irrigation. Security lighting at the dog
park would be down -shielded to prevent light scatter. Hours at the dog park would be consistent
with the Municipal Code which restricts park hours to between 6:00 a.m. and 11:00 p.m. In
addition, a shade structure may be installed at the dog park, approximately 10 to 15 feet in
height. The top of the shade structure would be below the Sunset View Park ground elevation
and would be designed to protect public coastal views.
Development of the proposed project would require the following approvals from the City of
Newport Beach:
• Coastal Development Permit (CDP) —To allow development of the project including the
parking lot, dog park, and pedestrian/bicycle bridge in the Coastal Zone.
• Mitigated Negative Declaration (MND) —To address reasonably foreseeable
environmental impacts resulting from the legislative and project specific discretionary
approvals pursuant to CEQA.
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Development of the proposed project would require the following approval from the California
Coastal Commission:
• Coastal Development Permit Amendment—To amend the Sunset Ridge Park Coastal
Development Permit No. 5-11-302 to allow the bridge development at the existing park.
On the basis of the Initial Study, City staff has concluded that the project would not have a
significant impact on the environment and has therefore recommended preparation of a
Mitigated Negative Declaration (MND). The Mitigated Negative Declaration is based on the
finding that, by implementing the identified mitigation measures, the project's potential `
significant adverse impacts will be reduced to a less than significant level.
The Initial Study is available for a 30 -day public review period beginning September 23, 2019,
and ending October 23, 2019. Copies of the document are available for review in the Newport
Beach Community Development Department, 100 Civic Center Drive, Bay B, Newport Beach, CA
92660 between the hours of 7:30 a.m. and 5:30 p.m., Monday through Thursday, and 7:30
a.m. and 4:30 p.m. on Friday. The document is available online: www.newportbeachca.gov/cepa.
Additionally, copies of the document are also available for review at the following City public
libraries during regular business hours:
*Newport Beach Public Library, Central Library, 1000 Avocado Avenue, Newport Beach, CA
92660
*Newport Beach Public Library, Balboa Branch, 100 East Balboa Boulevard, Newport Beach, CA
92660
*Newport Beach Public Library, Mariners Branch, 1300 Irvine Avenue, Newport Beach, CA 92660
*Newport Beach Public Library, Corona Del Mar Branch, 410 Marigold Avenue, Corona Del Mar,
CA 92625
Written comments on the proposed project must be received no later than October 23, 2019 at
5:30 p.m. to the attention of Andy Tran, Senior Civil Engineer, at the address listed below or via
email. Your comments should specifically identify what environmental impacts you believe
would result from the project, why they are significant, and what changes or mitigation
measures you believe should be adopted to eliminate or reduce these impacts. There is no fee
to submit comments. You are also invited to attend and testify at the public hearings as to the
appropriateness of this document.
The Newport Beach City Council will hold a hearing on the project at a future date in the City
Council Chambers, 100 Civic Center Drive, Newport Beach, CA 92660. An additional public hearing
notice will be sent out prior to the City Council's consideration of the project.
For further information as to the future schedule of hearings, please check:
https://www. newportbeachca.gov/government/depa rtments/pu blic-works/superior-avenue-
pedestria n -a nd-bicycle-bridge-and-pa rki ng -lot -project.
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For additional information, please contact Andy Tran, Senior Civil Engineer, at (949) 644-3315
or at atran@newportbeachca.gov.
Andy Tran, Senior Civil Engineer
City of Newport Beach, Public Works Department
100 Civic Center Drive, Bay D-2
Newport Beach, CA 92660
i
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Response To Comment Letter #11— Michael Call, Mark Wilser, Deborah Gero
Response to Comment 11-1:
Thank you for your comment. Comment noted.
Response to Comment 11-2:
The link to the report was posted at:
https://www.newportbeachca.gov/government/departments/commun ity-development/planning-
division/projects-environmental-document-download-page/environmental-document-download-page
Response to Comment 11-3:
On September 23, 2019, the City of Newport Beach circulated a Notice of Intent to Adopt a Mitigated
Negative Declaration and Initial Study to responsible agencies, trustee agencies, interest groups, and the
general public. In accordance with the California Environmental Quality Act (CEQA) Section 21091 and
State CEQA Guidelines Section 15073, a 30 -day public review period for the Final IS/MND was provided
from September 23, 2019 to October 23, 2019.
Response to Comment 11-4:
Written comments were accepted via mail, or email between September 23, 2019 to October 23, 2019 as
posted in the Notice of Availability. In addition, comments on the proposed Project as a whole may be
made to City Council as a part of the public hearing process
Response to Comment 11-5:
The Draft MND was made available at public locations including City Hall and local library branches.
Comments were received via mail and email.
Response to Comment 11-6:
Please refer to Response to Comment 11-3. The purpose of the public review period is to allow both
agencies and the public to comment on the Draft MND focusing on the sufficiency of the document in
identifying and analyzing possible impacts on the environment and ways in which the significant effects
may be avoided or mitigated (CEQA Guidelines Section 15204).
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Comment Letter #12 — Mali Saatchi
COMMENT LETTER #12
From the Desk of Mali Saatchi
October 3, 2019
Newport Beach City Council
100 Civic Center Dr
Newport Beach CA 926660
Re: Proposed Dog Park at Sunset View Park
To Whom It May Concern:
My name is Mali Saatchi and I have been a resident of Newport Beach since 2005. Since that
time I have resided at the Villa Balboa condominium complex directly across to the Sunset View
Park. I am a dog owner and animal lover.
For decades, Sunset View Park was nothing but astrip of dirt. It was only after fruitful
cooperation of the community that we were able to successfully encourage the City of Newport
Beach to convert the space into a peaceful and tranquil public space for all to enjoy.
Despite the larger Sunset Ridge Park being across Superior Ave, Sunset View Park is daily visited
by families, Doctors, nurses and patients of HOAG Hospital, and others seeking to enjoy the
tranquility of the park, fresh air and breathtaking views. Every Fourth of July hundreds of people
line the park to enjoy the fireworks from near and far and spending time in this amazing space
with best unobstructed views. During the Huntington Beach airshows, again hundreds use this
park to enjoy the spectacular aerial shows our brave armed forces put on.
Comment
My home is directly above the park, and from every room in my home I am able to seethe 12-1
diverse people that enjoy what the park has to offer. Every Saturday group of ex- patients from
the HOAGwho otherwise have no access to expansive green spaces are able to walk, by
wheelchairs or getting support from a friend come to the park and safely take in the scenery
and fresh air. Families frequently come with their young children because this park is safe and
away from the street,. Community members use the park as part of their exercise or relaxation
routines.
I am writing this letter to the respected City Council and Mayor of Newport Beach in Opposition
to the proposed dog park at Sunset View.
The neighboring communities along Superior Avenue already must contend with heavy traffic
and the air pollution and noise caused by this traffic. By extending the parking lot and
converting portion of the Sunset View Park to a dog park, the City will be creating a public
burden.
The homes immediately surrounding the park are mainly condominiums, and at this very few
large dogs frequent the park. There is a large Sunset Ridge park across the Superior Avenue and Comment
every day the dog owners take advantage of the long walk with their dogs. considering a dog 12-2
Pagel of 3
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From the Desk of Mali Saatchi
Comment
park on the beach and another park 10 minutes away near the Orange County Fairgrounds. A
12-2
dog park at Sunset View would not benefit the local community as the park itself is situated in
continued
such away as to be inconvenient to reach, with no immediately accessible parking. Expansion of
the parking lot would serve beach goers more than the proposed dog park itself. This will create
Comment
increased traffic congestion on an already congested road, and also create a situation where
12-3
non-residents will use the residential streets to park theirvehicles.
Comment
This proposed dog park also creates a health and safety hazard for the community. Superior
12-4
Avenue, as it meets Pacific Coast Highway, is already traffic jammed and accident prone. Nearly
Comment
weekly there are significant accidents on this two block stretch of road due to the curvature.
12-5
Placement of adog park at this juncture is apublic safety hazard as dogs may dart into
Comment
oncoming traffic. Animals that may not otherwise be aggressive may be startled by the constant
12-6
vehicle traffic, horns, and other loud noises, creating a liability for the City and residents. It is
unlikely that the City can enforce or otherwise secure the park 24/7 without creating a further
Comment
burden on the City's police department. Dog parks that are so enclosed, and "off the beaten
12-7
pat h".may become a target for crime and vandalism.
Comment
12-8
Further, there is a health hazard created by a dog park in such close proximity to homes.
Even at the construction of Sunset View Park, myself and my neighbors had to make repeated Comment
calls to the City of Newport Beach to have the lid of the one and only trash can installed on SSV 12-9
reoriented so that the smell of the trash did not blow directly into our homes. Despite this, in
the heat of the summer, the overwhelming smell of garbage is still pervasive. Even the most
well-maintained dog parks have significant odor and bacterial issues. Maintaining dog parks are
expensive and a cost burden to the community over the long term. The smell and presence of Comment
urine and feces will create an environmental hazard as well as a health hazard in the hot summer 12-10
months for the local community. Dog parks have limited life spans, and must be constantly
maintained and renovated.
By converting this already limited open space to a single use dog park, only suitable for a very Comment
specific population of residents who are not underserved, the City will be removing the public 12-11
accessto open spaces with clean air and removing public enjoyment.
Creation of this dog park will place an undue burden on the local community via increasedComment
vehicle and foot traffic, hazardous conditions, and a decline in property values in the immediate 12-12
vicinity.
Dog parks do not create local jobs nor do they serve a larger community purpose by functioning
as an open and welcoming community space, considering there is ample space at the Comment
sunset ridge for the owners to chit chat and dogs socialise in small groups. The current Sunset 12-13
View Park does function as an open and welcoming space for all in thecommunity.
I propose the space should be converted to a green and beautiful space, not only to help the Comment
incredible amount of environment and air pollution, but to beautify the Superior Avenue. 12-14
Page 2 of3
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From the Desk of Mali Saatchi
I thank the respected City Council for consideration of my statements as a community member
who will be directly affected by the creation of a dog park.
With most sincere regards,
Malakeh Saatchi
200 Paris Lane, Number 314
Newport each, 92663
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Response To Comment Letter #12 — Mali Saatchi
Response to Comment 12-1:
Thank you for your comment.
There are no traffic trip rates in the Institute of Transportation Engineers (ITE) Manual for dog parks. To
determine the potential trips associated with a dog park, a comparison to a similar dog park in Laguna
Beach was reviewed. The dog park in Laguna Beach is 2.5 acres in size and generates 480 trips per day. By
comparison, the proposed 0.2-0.3 acre dog park would generate approximately 38 trips per day. Per the
City Traffic Phasing Ordinance, a traffic impact study is required when there are more than 300 trips per
day generated by a project. Given the estimated trips, it was determined that there is less than significant
impact with the dog park portion of the Project.
As described in the Draft IS/MND, Section 4.14.1 Impact a) the proposed Project, including the dog park,
would not indirectly induce population growth and is intended to serve the existing population in the area.
No roadways, transit, or bicycle lanes would be significantly modified as a result of the proposed Project
and therefore, would not conflict with applicable circulation plans. As discussed in Section 4.17.1 Impact
a) of the MND, the proposed Project would not result in a substantial increase of users that would
generate a significant increase in traffic because no construction of businesses or residences would occur
and no expansion of park facilities other than the small dog park are proposed.
All traffic trips associated with Sunset Ridge Park (land use) are generated by the park visitors. The
proposed parking lot expansion and bridge are not land uses and do not generate new trips. The parking
lot and bridge are ancillary to the land use. Because there is no change to the Sunset Ridge Park site, there
are no additional traffic trips that could be associated with the bridge and parking lot Project. The traffic
trips associated with the park visitors, that will use the proposed bridge and expanded parking lot, already
exist in the roadway system. Currently, the Sunset Ridge Park visitors park their vehicles where there are
available parking spaces in the area. If the existing parking lot is full, park visitors find alternate parking
places in the area, or drop off visitors and users.
As described in the Draft IS/MND, Section 4.17.1 Impact a), the expanded parking lot associated with the
proposed Project would serve existing park users and would not generate a significant increase in traffic
because no businesses or residences are being constructed and no additional park facilities besides the
dog park will be introduced. In fact, the parking lot would provide a designated parking area to diverge
parking -related traffic from surrounding residential and commercial areas. Furthermore, there would be
no conflict with applicable circulation plans due to no significant proposed modifications to roadways,
transit, or bicycle lanes. These factors would prevent increased traffic generation due to the construction
of the large parking lot.
Response to Comment 12-2:
Thank you for your comment. Comment noted.
Response to Comment 12-3:
Please see Response to Comment 12-1.
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Response to Comment 12-4:
As described in the Draft IS/MND, Section 2.2 Project Purpose and Objectives, the Proposed Project aids
in improving safety and access to Sunset Ridge Park for pedestrians and bicyclists by eliminating the need
to cross Superior Avenue via the existing at -grade crosswalk. This is an improvement from the present
conditions where pedestrians and bicyclists typically cross the busy, major arterial roadways, West Coast
Highway and Superior Avenue, to reach Sunset Ridge Park. For pedestrians traveling along the eastern
sidewalk along Superior Avenue, the access point to the parking lot would remain in the same location,
therefore the Project would not result in a change in traffic patterns over what is already expected along
the roadway. Thus, no negative impacts related to access and safety along Superior Avenue are
anticipated due to the Project.
Response to Comment 12-5:
Please see Response to Comment 12-4
Response to Comment 12-6:
As described in the Draft IS/MND, Section 2.3.3, the design of the proposed 0.2-0.3 acre dog park includes
the installation of 6 -foot tall fences, enclosing the dog park and also separating large and small dogs, thus
clearly designating a space, specifically catered towards dogs and the pet owners. Installation of the
fences would prevent dogs from exiting the designated park area and prevent dogs from entering any
private properties or public roadways.
Response to Comment 12-7:
Please see Response to Comment 12-6. As described in the Draft IS/MND, Section 2.3.3, hours at the dog
park would be consistent with the Municipal Code which restricts park hours to between 6:00 a.m. and
11:00 p.m. As noted in the Draft IS/MND, Section 4.15, the Newport Beach Police Department is located
at 870 Santa Barbara Drive, and is approximately 5 miles northeast from the proposed Project (Google
Maps 2019). The proposed Project would not result in increased populations that would require additional
public services, nor would it impact the nearest police station.
Response to Comment 12-8:
Please see Response to Comment 12-7. Assessment of crime and vandalism is outside the scope of CEQA;
however, this comment will be considered by the City Council in their review of the Project and CEQA
document.
Response to Comment 12-9:
As described in the Draft IS/MND, Section 4.3.3 Impact d) a regular maintenance schedule, including
proper handling and removal of pet waste will be established to prevent accumulation of dog waste at
the park thus preventing the generation of odor. Additionally, as part of the design, the dog park would
include conveniently -sited waste receptacles away from residences, and provision of waste bags for
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owners' use. In addition, with the use of synthetic turf specifically designed for dog parks, the ease of
cleaning and maintenance is increased.
The appropriate disposal of dog waste onsite would minimize odors perceptible to people. Pursuant to
Section 7.20.020 of the City of Newport Beach Municipal Code, it is unlawful for a person in charge of any
animal "to permit such animal to defecate and to allow the feces to thereafter remain on any public
sidewalk, public beach or park or on any other public property or on any private property other than that
of the owner..." The Project's provision and maintenance of bags for the disposal of dog waste and of
trash receptacles at the dog park would facilitate compliance with Municipal Code Section 7.20.020.
Response to Comment 12-10:
Please refer to Response to Comment 12-9.
Response to Comment 12-11:
Comment noted. Please refer to Response to Comment 12-4. The objective of the proposed Project is to
provide connectivity between the parking lot and park uses.
Response to Comment 12-12:
Comment noted. Please referto Response to Comment 12-1.
Response to Comment 12-13:
Comment noted.
Response to Comment 12-14:
Comment noted.
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Comment Letter #13 — REO Nationwide
COMMENT LETTER #13
From:
CJ Gehlke <ci@reonationwide.com>
Sent:
Saturday, October 5, 2019 3:56 PM
To:
Tran, Andy
Subject:
FW: Air Show and PCH/Superior
Andy Tran... Please consider utilizing this view and the safety of the corner and neighbor hood..see
below.... thank you! CJ
......
From: Dixon, Diane [mailto:ddixon( newportbeachca.gov]
Sent: Saturday, October 05, 2019 3:49 PM
To: CJ Gehlke
Subject: Re: Air Show and PCH/Superior
Great ideas! Thank you!
Diane
Diane B Dixon, Mayor
Council Member
District 1
949.287.9211
On Oct 5, 2019, at 3:35 PM, CJ Gehlke <ci@reonationwide.com> wrote:
PS.. Just an additional thought.. the Air Show was this weekend.. that corner is used by
residents to maximize the incredible view opportunity with the elevation being so high
there.. this weekend, the fourth of July.. and most every weekend.. along with every
time there is a beautiful sunset. People can easily park in the lot of Superior, and they
bring chairs, towels.. soft drinks and food.. The residents are telling us what they want
there..
Consider: a police substation as that corner and surrounding area is in need of a police
presence both for traffic and thefts.. an extended grassy area with picnic tables and Comment
places to sit and enjoy the view with friends and a gathering that is too big for a small 13-1
park bench further down the walkway.
That area has the most magnificent view due to its elevation ... far betterthan any place
in the park across the street. Dogs in a dog park do not appreciate the view...
Please consider making this area view and safety based... a police substation and a
place for people to gatherto enjoy the view and sunsets year round. View is far
superiorto the parks all lower elevation.
Thankyou!
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Hello Diane Dixon... thank you for your work on behalf of our City. By way of
introduction, I consult by profession on highest and best use issues for developers and
lenders nationwide, and have done so for over 30 years. So I bring some experience to
my suggestion.
A request for consideration for the highest and best use for the corner of PCH and
Superior with both present fatalities and accidents on that corner and the future
Banning Ranch project is:
Police Sub -station. There is no police presence on this side of Newport. The quick
response to the accidents and thefts here would be such a great thing for the
community. A sub station was previously proposed as part of the community center
idea. At that time, the voices from the neighborhood were loudly hoping that if
anything proposed were resisted, the corner might be left alone. That corner is too
expensive and high value dirt to leave alone. It will be developed. So to suggest what
might service the community best with the dangerous corner in mind would be a far
better response than simple and repeated opposition.
It is my understanding that the Police Dept could be approached again, as they were
involved previously on the prior plan to incorporate a substation there, asking for
support for a substation.
Less traffic, less pedestrians, presence both at the ready when needed and a visual
deterrent to the problems currently occurring on that corner. Not one day goes by that
on my twice daily walk I am nearly run down by a car blowing through a red and cars
speeding through nearly hitting pedestrians. A cash infusion could be the result of the
ticket potential from both unleashed dogs in both adjacent parks and the constant
traffic infractions on that corner.
Please redirect attention to a police substation as an alternate concept which would be
highly useful, life saving and provide much needed support for the upcoming
development next to the Ridge Park as well.
Thanks for letting me help you today!
CJ Gehlke, CEO/Founder
licensed since 1979 DRE No. 00803243
REO Nationwide, Inc.
Beneficial RE Inc.
DRE No. 01334671
www.reonationwide.com
Office: Newport Beach, CA 92663
Mail: 1927 Harbor Blvd. Suite 100
Costa Mesa, CA 92627
cioreonationwid e. com
phone: 888.700.0868 x 326
fax: 888.700.0868
Linkedln: www.linkedin.com/pub/carol-iean-%22ci%22--gehlke/a/9l5/714
REO Disposition Outsource Services
BPO and APPRAISAL Services - Individual or Volume Bulk
BULK Sale Facilitation
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Response To Comment Letter #13 — REO Nationwide
Response to Comment 13-1:
Thank you for your comment. Comment noted. As noted in the Draft IS/MND, Section 4.15, the Newport
Beach Police Department is located at 870 Santa Barbara Drive, and is approximately 5 miles northeast
from the proposed Project (Google Maps 2019). The proposed Project would not result in increased
populations that would require additional public services, nor would it impact the nearest police station.
The provision of a police station is outside the scope of CEQA analysis for this Project, but your comment
will be included for City Council's consideration.
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Comment Letter #14 — Sandy Frizzell
Comment Letter 14
October, 2019
To our city planners,
I was unable to attend the Aug. 6 meeting regarding the plans for Lower Sunset View Park. On Sept. 11 1
attended the Speak Up meeting and found out where the planned Dog Park is to be build. The mailer is
deceiving. I was in disbelief! I live in Villa Balboa at 200 Paris Lane #214 on the second floor of the most
NW corner of the Paris building, Superior and PCH. From my unit I can see the Sunset View Park from Comment
most rooms in my unit. Sunset View Park is my "front yard." And you want to build a dog park on one of 14-1
the most prized viewing locations of West Newport Beach!!! There are many better locations for a dog
park.
Regarding use of Lower Sunset View Park, adding parking is good use of this property for people to
better use sunset Ridge Park. The most valuable part of Sunset View Park is the dirt
mound. It is enjoyed by residence every day, all day; morning, noon and especially at Sunset. People
walk, ride their bikes, put up tripods, stand and sit there to take in the beautiful views. I call it Comment
Inspiration Point. I have many photos to show you. It would be a crime to do anything other than 14-2
to enhance this small space for its best use, THE VIEW. Let the people continue to enjoy the spectacular
views from this prime property. Please do not obstruct the view in any way.
I love dogs, but this is not the place for a dog park. We do not want the added noise, traffic and smells
of a dog park. It seems to me an easy solution is to move the Dog Park to a lower area in the lower part
Comment
of Sunset View Park toward PCH. I understand the city envisions a road to the Hoag parking lot. It is
14-3
highly unlikely Hoag will ever allow this. It is a win-win without ruining the view for visitors and
residence to put the dog park in the lower part of SVP. There should be nothing built or added to
obstruct the view. I suggest enhancing the dirt mound by adding a little walk way and some sturdy
Comment
grass, maybe even expanding it toward the CoGent Plant.
14-4
Please do not take away Inspiration Point from the residence of Newport Beach, visitors and residents of
Comment
Villa Balboa. Let us continue to enjoying our treasured views.
14-5
Sandy Frizzell
200 Paris Ln#214
Newport Beach, CA 92663
949-646-3248
sandyfrizzell@roadrunner.com
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Response To Comment Letter #14 — Sandy Frizzell
Response to Comment 14-1:
Thank you for your comment. Comment noted.
Response to Comment 14-2:
The City of Newport Beach General Plan designates public viewpoints for coastal views within the city.
Areas near the Project site that have such designation include Sunset Ridge Park, Sunset View Park, and
along the trail above the current parking lot, including the designated point where a bench was installed.
The City's Local Coastal Plan also designates the same public view points in the designated parks and along
the paved trail that fronts the Villa Balboa Community. Further, the bridge associated with the Project will
provide safer unobstructed views of the coast.
Response to Comment 14-3:
As described in the Draft IS/MND, Section 4.13.2 Impact a) the noise from the proposed dog park, from
both dogs barking and dog -owners talking, would be well below (at least 30 dB below) ambient noise
levels. Noise is only additive if the noise source is within 10 dB of ambient noise levels. Since noise from
the proposed dog park would be at least 30 dB below ambient noise levels, it would not provide a
quantitative contribution to existing ambient noise levels and will not be discernible at the nearby homes.
A noise study was conducted for the Proposed Project to compare noise levels for similar activities at
other comparable facilities; and these noise measurements are presented in detail in Table 4-24 of the
Draft IS/MND. Additionally, according to the CaIEEMod model run, the proposed Project is anticipated to
generate nine or fewer additional daily trips above current conditions, which would have a negligible
impact to the nearby roadway noise levels. Therefore, it has been determined that the noise levels
generated at the dog park would be within the City's exterior daytime and nighttime residential noise
standards. The Proposed Project would not result in a significant impact to the nearest homes in the
vicinity of the Project.
As described in the Draft IS/MND, Section 4.3.3 Impact d) a regular maintenance schedule, including
proper handling and removal of pet waste will be established to prevent accumulation of dog waste at
the park thus preventing the generation of odor. Additionally, as part of the design, the dog park would
include conveniently -sited waste receptacles away from residences, and provision of waste bags for
owners' use. In addition, with the use of synthetic turf specifically designed for dog parks, the ease of
cleaning and maintenance is increased.
The appropriate disposal of dog waste onsite would minimize odors perceptible to people. Pursuant to
Section 7.20.020 of the City of Newport Beach Municipal Code, it is unlawful for a person in charge of any
animal "to permit such animal to defecate and to allow the feces to thereafter remain on any public
sidewalk, public beach or park or on any other public property or on any private property other than that
of the owner..." The Project's provision and maintenance of bags for the disposal of dog waste and of
trash receptacles at the dog park would facilitate compliance with Municipal Code Section 7.20.020.
Thus, the dog park is not expected to result in any significant impacts in relation to odor from pet waste.
The Project site is not anticipated to introduce any other objectionable odors.
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There are no traffic trip rates in the Institute of Transportation Engineers (ITE) Manual for dog parks. To
determine the potential trips associated with a dog park, a comparison to a similar dog park in Laguna
Beach was reviewed. The dog park in Laguna Beach is 2.5 acres in size and generates 480 trips per day. By
comparison, the proposed 0.2-0.3 acre dog park would generate approximately 38 trips per day. Per the
City Traffic Phasing Ordinance, a traffic impact study is required when there are more than 300 trips per
day generated by a project. Given the estimated trips, it was determined that there is less than significant
impact with the dog park portion of the Project.
As described in the Draft IS/MND, Section 4.14.1 Impact a) the proposed Project, including the dog park,
would not indirectly induce population growth and is intended to serve the existing population in the area.
No roadways, transit, or bicycle lanes would be significantly modified as a result of the proposed Project
and therefore, would not conflict with applicable circulation plans. As discussed in Section 4.17.1 Impact
a) of the MND, the proposed Project would not result in a substantial increase of users that would
generate a significant increase in traffic because no construction of businesses or residences would occur
and no expansion of park facilities other than the small dog park are proposed.
Response to Comment 14-4:
As noted in the Draft IS/MND, the proposed Project will not include any elements that obstruct views.
Response to Comment 14-5:
Thank you for your comment. Comment noted.
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Comment Letter #15 — Wendy Kaiser
COMMENT LETTER#15
From: Wendy Kaiser <wendyhkaiser@yahoo.com>
Sent: Monday, October 14, 2019 4:15 AM
To: Tran, Andy
Cc: Wemail
Subject: Dog Park and Development at Superior and PCH
Hi -
I am opposed to a dog park in this location. It is too small of a space, too close to residences, and
Comment
Villa Balboa complex has decades of history of no dogs. Many of us moved here because we are
15-1
allergic or have asthma or other reasons for not wishing to be around dogs. There are a few
Comment
service/companion dogs only at Villa Balboa.
15-2
It would make more sense to locate the dog park near the planned playing fields on the far side
(other side of Superior) toward Huntington Beach (spaced also away from Newport Crest). It
Comment
would also be better to locate parking by the existing community center on 15th Street and
15-3
connect it up to the playing field area.
I do not see a need to have a bridge over Superior or further development or grading of Superior
at PCH at this time.
Comment
15-4
Please forward my email to the pertinent committee and the city council. Thank you.
Wendy Kaiser
wendvhkaiser(@.vahoo.com
270 Cagney Ln #115
Newport Beach Ca 92663
949-202-7273
Sent from my iPad
Sent from my iPhone
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Response To Comment Letter #15 — Wendy Kaiser
Response to Comment 15-1:
Thank you for your comment. Comment noted.
Response to Comment 15-2:
This comment has been noted. The proposed dog park is located downslope of the adjacent residential
communities, As described in the Draft IS/MND, Section 2.3.3, the design of the proposed 0.2-0.3 acre
dog park includes the installation of 6 -foot tall fences, enclosing the dog park and separating large and
small dogs, thus clearly designating a space, specifically catered towards dogs and the pet owners.
Installation of the fences would prevent dogs from exiting the designated park area and prevent dogs
from entering any private properties or public roadways.
Response to Comment 15-3:
The purpose of the proposed Project is a construction of a pedestrian and bicycle bridge overcrossing
Superior Avenue that would connect Sunset Ridge Park to the Superior Parking Lot at the intersection of
West Coast Highway and Superior Avenue.
The objectives of the project are:
• To improve safety and access to Sunset Ridge Park for pedestrians and bicyclists by eliminating
the need to cross Superior Avenue via the existing at -grade crosswalk.
• To provide additional parking spaces to better serve both passive uses and organized sporting
events (mostly youth) at Sunset Ridge Park in an area where parking is limited.
• To reduce traffic signal wait times by shifting pedestrian and bicycle traffic from the at -grade
crosswalk to the bridge.
• To expand recreational options in this part of the City by developing a small dog park just below
Sunset View Park, adjacent to the expanded parking lot.
As described in the Draft IS/MND, Section 2.2 Project Purpose and Objectives, the Proposed Project aids
in improving safety and access to Sunset Ridge Park for pedestrians and bicyclists by eliminating the need
to cross Superior Avenue via the existing at -grade crosswalk. This is an improvement from the present
conditions where pedestrians and bicyclists typically cross the busy, major arterial roadways, West Coast
Highway and Superior Avenue, to reach Sunset Ridge Park.
Response to Comment 15-4:
Comment noted. Please refer to Response to Comment 15-3.
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Comment Letter #16 — Sudhir Banker
COMMENT LETTER#16
From: Rajeshbanker <bankerfmly@aol.com>
Sent: Tuesday, October 15, 201912:34 PM
To: Dixon, Diane; Dept - City Council; Tran, Andy; Detweiler, Laura;
Levin, Sean
Cc: Darby Ryan #313 Hoa
Subject: DOG PARK/PARKING EXPANSION next to Sunset Ridge park
Attachments: DOG PARKPARKING EXPANSION.pdf
Honorable. Mayor Diane,respected city council members, city engineer and staff at large:
As a resident of Villa Balboa community of 449 mostly senior householders, please review our attached letter and
following and consider and approve Our request:
Comment
-We are totally against the proposed Dog Park.This is immediately adjacent to our building (200 Paris Lane) with 54 16-1
homes and our Villa Balboa complex of 449 homes,
as well as, next to Hoag Hospital Property.
- This was thrusted and forced upon us by a stroke of a pencil on map ,immediately adjacent to our community of
449 units residents Villa Balboa (with no Dogs policy for 40 years)and practically placed into our front yard .There
is no buffer zone,period. This will have perhaps unintentional but severe adverse consequences to health, quiet and
peaceful enjoyment by our community, as well as, annually more than 25,000 visiting peoGmail.comple , including Comment
Hoag staff and patients in wheel chairs, enjoying daily walks, meditation, playing with children and most 16-2
importantly enjoying fresh ocean breezes and fantastic sunrise and sunsets in a quiet and peaceful environment, etc...
-Sunset View park ,a tiny park, only a block away from ocean, was named and created for enjoyment by public to
enjoy fresh ocean breezes ,Fantastic sunsets, fireworks,air showboat race in a very Quiet peaceful environment
with loved ones.
Instead, adjacent proposed dog park will bring lot of unhealthy air with foul smell and lots of barking noise pollution
Comment
and create a very unsafe location for dogs, people and traffic in and out and slow down or block emergency vehicle
16-3
traffic on Superior to and from Hoag.
-Noise pollution of loud barking smell,unhealthy air conditions (replacing refreshing clean ocean breezes)from my
and surrounding units will be unacceptable and any "study" city puts it in question.
WE RESPECTFULLY REQUEST:
- We consider you all , city fathers, as parents, using your wisdom and long range thinking To protect and
Comment
enhance the interests and rights of us public for quiet, peaceful Enjoyment for generations to come.
16-4
- The land for proposed dog park is very precious and unique real estate and should be used for the benefit
Of people FIRST.
- Suggest, let us create something very valuable for our many generations to come
By increasing the size of tiny Sunset View Park and provide more green space for
Meditation, excercise circuit, playing with children, mini picnics, enjoying
Comment
Refreshing clean ocean air breezes ,Fabulous sunsets ,fireworks,boat and air shows in a quiet peacefid
16-5
way-
-relocate proposed dog park to a huge SUNSET RIDGE Park right across
With lot of idle land with buffer zone and near the community where HOA has dogs
Comment
Accepted policy.
16-6
-Concurrently, in addition to reallocating the land for dog park to Sunset View
Comment
16-7
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Comment
16-7 Contd.
Park,Reallocate land for additional parking,to expand the tiny Sunset View Park
With more green area for ever increasing and growing need for public use above.
(ARE YOU AWARE OF HOMELESS TENT WITH LOTS OF TRASH IN THE EXISTING
Comment
PARKING LOT WITH ABUSIVE USE OF BUSHES AND TREES IN ADJOINING
16-8
HOAG HOSPITAL FOR DAILY SANITARY NEEDS?)
I must mention that WE LOVE DOGS, especially we spend fun time with two dogs Buboo nearby And Lolla our
sons have .
THIS IS NOT APPROPRIATE LOCATION FOR DOG PARK, PLEASE.
WISH YOU WOULD HAVE PLANNED THE MEETING ON 15th October at SUNSET VIEW PARK, IN
Comment
ORDER TO GET FIRST HAND KNOWLEDGE OF THE ISSUES ON HAND.
16-9
RESPECTFULLY,
SudhirBanker
OWNER:
200 Paris Lane #313
Newport Beach CA 92663
Phone: 818-694-1777
Email: banke[fi&@aol.com
Sent from my iPad
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--URGENT AND IMPORTANT"-°-- '—
Laura Detweiler
Recreation & Senior Services Director
i_Det,.eilera ger ,_,rtteac^c3_cnv
CC:
lflla Balboa Home Owner's Association
CIO Ryan Darby
RDarby4action life.com
SUBJECT: URGENT - Please STOP and defer ALL decisions on your PUE
and consider and approve our request.
Clear Ms. Detweiler:
I received notice of an August 6 meeting regarding the proposed dog part
not be able to attend that meeting.
As a resident of Villa Balboa community of 449 householders, please revic
request as follows,
o Move dog park to Newport Crest side in huge park and redesignate the
more, by not expanding parking and use that same allocated land for
make that bigger green lawn,as green lawn area for the benefit
of our immediately adjoining communities of our 449 householders of
householders of 5cultz , currently with disproportionately
very little and LOPSIDED VERY LOW allocation of land for us compare
where there is a HUGE PARK, baseball playground,children's playgroui
rest rooms. walking and bicycle path,
huge general purpose playground and with green belt, very large undE
idle land, etc. etc._.
o I want to go on record with you and the HOA in opposing the dog park.
germs do travel and as we in adjoining 200 Paris building are directly u
it will most canto my impact our day to day environment. Any environrrzi
doesn't recreate the dog barking (which you can clearly hear as you drii
Newport Beach's existing dog park) and noise, smell, and air quality cc
from my unit will be unacceptable and call any 'study" city put it into
o. For its entire 40 Year existence Villa Balboa has prohibited does,
basis for many residents to purchase homes there. The HOA Boy
considerable length to NOT modify any regulations as this would
grandfathered "no dogs" regulation. IN contrast, Across Superior,
considerably more space, Newport Crest does allow dogs. In fac
research 1 was unable to find any other dog park in our area (I loc
earth) that did not have a material buffer zone between the dog p
residence. In this Case the proposed dog park is immediately adjc
NOTICE
Superior. I will
and address cur
an -to land and,
irking expansion to
Ila Balboa and 230
to Newport Crest,
Sounds, smells, and
wind from the park,
ital study that
3 by
editions
uestion.
'his has been the
J has gone to
�opardize this
here there is
after considerable
✓d at 10 on google
k and any
ent to our building
Comment
16-10
Comment
16-11
Comment
16-12
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(200 Paris Lane) with 54 homes and our Villa Balboa complex
well as,next to a hospital property.
a. It is my understanding that Villa Baiboa homeowners who have em
medically prescribed dogs attended a Villa Balboa HOA rneQtineq re
of adding a bridge did so as they look forward to walking their dog
already exists across the street in front of NEWPORT CREST
Sincarei
SUUHIR � A14 R
Owner:
2GO Paris Lane #313
Newport Beach, CA. 926163
Contact Information:
Mailing address-.
10132 Wystone ave
Northridge,ca 91324
Phone:
818 694 17T7
Email:
bankerfmlyeaol.com
Chambers Group, Inc.
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448 homes.as
I supportor other
�g the agenda itemComment
HUGE park that 16-13
M
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CITY 0FNRWP0RTBFACH
11ark-s. i3(: laches & ttecrcm i ion ccimM],s-,jon
tuesday,,.Augum 6, -20iq —6pin
City Qoiincfl Cha inju.m:, — 100 Citic CEM t(�37 D M-'7ie
Nowliort Beach, CA z)-,aMo
PUBLIC NOUCE
Design
The Lower Sulstl lew Park conceptual design ln•
eludes P nwa ped eE trian and bicycle bridge wross Su-
perior Avenue, add[ ional parking er4 a small dog park.
The project Ls lowtE d on the nod, We iof 10jest Coast
U,, Highmay at the Slip
rp horAvanuO intersecticro. The in-
F«tent of this rp
r�'protect i� to imprDwe pedesinan saffety and
access the Sunset Ridge Park ftin Sunset 106tv Park.
Pub-fiC 'A'DrIcs staff 1bc-1 presenting the leading corr-
C. '00ptual design to "JiParks, 2eaches & Recreation,
i'PMR) Commissiol 1.
X
P
Please join us to sh re yofir thou his.
9
For more information, please call the Recreation Office at 949- 44-3158- if you are un4bls to attend the meeting but
would like to provide comments to the Commission, please email or'* b, il--"-�-;:-'�
-R� I On -
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Response To Comment Letter #16 — Sudhir Banker
Response to Comment 16-1:
Thank you for your comment. Comment noted.
Response to Comment 16-2:
The southwest edge of Sunset View Park will block the line -of -sight between the proposed Dog Park and
the Villa Balboa Condos. In fact the proposed dog park will be located more than 20 feet lower than the
elevation at Sunset View Park. Since sound travels in straight lines, the southwest edge of Sunset View
Park will effectively act like a 20 foot high sound wall between the proposed dog park and the condos. As
such, only nominal construction noise impacts are anticipated to occur from the proposed project at the
Villa Balboa Condos and no operational noise impacts from the proposed dog park or any other noise
sources are anticipated to occur at the Villa Balboa Condos.
As described in the Draft IS/MND, Section 4.13.2 Impact a) the noise from the proposed dog park, from
both dogs barking and dog -owners talking, would be well below (at least 30 dB below) ambient noise
levels. Noise is only additive if the noise source is within 10 dB of ambient noise levels. Since noise from
the proposed dog park would be at least 30 dB below ambient noise levels, it would not provide a
quantitative contribution to existing ambient noise levels and will not be discernible at the nearby homes.
A noise study was conducted for the Proposed Project to compare noise levels for similar activities at
other comparable facilities; and these noise measurements are presented in detail in Table 4-24 of the
Draft IS/MND. Additionally, according to the CaIEEMod model run, the proposed Project is anticipated to
generate nine or fewer additional daily trips above current conditions, which would have a negligible
impact to the nearby roadway noise levels. Therefore, it has been determined that the noise levels
generated at the dog park would be within the City's exterior daytime and nighttime residential noise
standards. The Proposed Project would not result in a significant impact to the nearest homes in the
vicinity of the Project.
Response to Comment 16-3:
Please refer to Response to Comment 16-2.
As described in the Draft IS/MND, Section 4.3.3 Impact d) a regular maintenance schedule, including
proper handling and removal of pet waste will be established to prevent accumulation of dog waste at
the park thus preventing the generation of odor. Additionally, as part of the design, the dog park would
include conveniently -sited waste receptacles away from residences, and provision of waste bags for
owners' use. In addition, with the use of synthetic turf specifically designed for dog parks, the ease of
cleaning and maintenance is increased.
The appropriate disposal of dog waste onsite would minimize odors perceptible to people. Pursuant to
Section 7.20.020 of the City of Newport Beach Municipal Code, it is unlawful for a person in charge of any
animal "to permit such animal to defecate and to allow the feces to thereafter remain on any public
sidewalk, public beach or park or on any other public property or on any private property other than that
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of the owner..." The Project's provision and maintenance of bags for the disposal of dog waste and of
trash receptacles at the dog park would facilitate compliance with Municipal Code Section 7.20.020.
As described in the Draft IS/MND, Section 2.2 Project Purpose and Objectives, the Proposed Project aids
in improving safety and access to Sunset Ridge Park for pedestrians and bicyclists by eliminating the need
to cross Superior Avenue via the existing at -grade crosswalk. This is an improvement from the present
conditions where pedestrians and bicyclists typically cross the busy, major arterial roadways, West Coast
Highway and Superior Avenue, to reach Sunset Ridge Park. The development of the proposed bridge
would also result in a beneficial impact related to emergency response because the bridge would provide
increased safety and direct access from the parking lot to Sunset Ridge Park. For pedestrians traveling
along the eastern sidewalk along Superior Avenue, the access point to the parking lot would remain in the
same location, therefore the Project would not result in a change in traffic patterns over what is already
expected along the roadway.
Response to Comment 16-4:
Comment noted.
Response to Comment 16-5:
Comment noted.
Response to Comment 16-6:
Comment noted.
Response to Comment 16-7:
Comment noted. Dog park relocation is outside the scope of CEQA analysis; however, the City Council
will consider public review comments in their review of the Project and CEQA document.
Response to Comment 16-8:
Park hours will be enforced per the Municipal Code.
Response to Comment 16-9:
Thank you for your comment. Comment noted.
Response to Comment 16-10:
Dog park relocation is outside the scope of CEQA analysis; however, the City Council will consider public
review comments in their review of the Project and CEQA document.
Response to Comment 16-11:
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As described in the Draft IS/MND, Section 4.13.2 Impact a) the noise from the proposed dog park, from
both dogs barking and dog -owners talking, would be well below (at least 30 dB below) ambient noise
levels. Noise is only additive if the noise source is within 10 dB of ambient noise levels. Since noise from
the proposed dog park would be at least 30 dB below ambient noise levels, it would not provide a
quantitative contribution to existing ambient noise levels and will not be discernible at the nearby homes.
A noise study was conducted for the Proposed Project to compare noise levels for similar activities at
other comparable facilities; and these noise measurements are presented in detail in Table 4-24 of the
Draft IS/MND. Additionally, according to the CalEEMod model run, the proposed Project is anticipated to
generate nine or fewer additional daily trips above current conditions, which would have a negligible
impact to the nearby roadway noise levels. Therefore, it has been determined that the noise levels
generated at the dog park would be within the City's exterior daytime and nighttime residential noise
standards. The Proposed Project would not result in a significant impact to the nearest homes in the
vicinity of the Project.
As described in the Draft IS/MND, Section 4.3.3 Impact d) a regular maintenance schedule, including
proper handling and removal of pet waste will be established to prevent accumulation of dog waste at
the park thus preventing the generation of odor. Additionally, as part of the design, the dog park would
include conveniently -sited waste receptacles away from residences, and provision of waste bags for
owners' use. In addition, with the use of synthetic turf specifically designed for dog parks, the ease of
cleaning and maintenance is increased.
The appropriate disposal of dog waste onsite would minimize odors perceptible to people. Pursuant to
Section 7.20.020 of the City of Newport Beach Municipal Code, it is unlawful for a person in charge of any
animal "to permit such animal to defecate and to allow the feces to thereafter remain on any public
sidewalk, public beach or park or on any other public property or on any private property other than that
of the owner..." The Project's provision and maintenance of bags for the disposal of dog waste and of
trash receptacles at the dog park would facilitate compliance with Municipal Code Section 7.20.020.
Thus, the dog park is not expected to result in any significant impacts in relation to odor from pet waste.
The Project site is not anticipated to introduce any other objectionable odors.
Response to Comment 16-12:
The proposed dog park is located 50 feet downslope and approximately 220 feet away from the Villa
Balboa community. Dog park design and proximity to specific communities is outside the scope of CEQA
analysis; however, the City Council will consider public review comments in their review of the Project
and CEQA document.
Response to Comment 16-13:
Please refer to Response to Comment 16-12.
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Comment Letter #17 —Ryan Darby
COMMENT LETTER #17
From:
Tran, Andy
Sent:
Friday, October 18, 201911:19 AM
To:
'Ryan Darby'
Cc:
Carleen
Subject:
RE: Ambient Noise
Hi Ryan,
Since this is a question on our environmental document (MND) and we are currently in our 30 -day
public review period, I will have our environmental consultant prepare a formal written response to
your question at the end of the review period. This is standard California Environmental Quality Act
(CEQA) procedure.
With that said, Table 4-21 of the MND does list existing noise levels at the 3 locations. I would also
suggest reviewing Appendix H.
Hope this helps.
Andy Tran, P.E.
Senior Civil Engineer
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Phone: 949-644-3315
From: Ryan Darby<rdarby@action[ife.com>
Sent: Friday, October 18, 2019 7:58 AM
To: Tran, Andy <ATran@newportbeachca.eov>
Cc: Carleen <challstead@aol.com>
Subject: Ambient Noise
Hello Andy,
I went through the Noise Report and I see where it says it is only an additive if the noise source is within
10 dB of ambient noise levels, however I don't see where it lists what the ambient noise levels are at Comment
Villa Balboa and that there weren't any tests done on the property like we do for Hoag Hospital to 17-1
obtain those noise levels. Can you let me know what they found the ambient noise level to be?
The point that I was trying to bring up at the meeting is that the noise levels at Villa Balboa is already
significantly higher than most of the rest of Newport Beach with the Co -Gen Plant, PCH and Superior. Comment
The dog park, would be raising an already elevated ambient noise level for the residents. 17-2
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V-"t�4ryN
ACTION
PR4PCRTY MANAG5M�N'1
RYAN DARBY I COMMUNITY MANAGER
ACTION PROPERTY MANAGEMENT
2603 MAIN STREET, SUITE 500, IRVINE, CA 92614
OFFICE 1 (949) 450-0202
WEBSITE I WARD I RDARBY(&ACTIONLIFE.COM
rf d
* *CONFIDENTIALITY NOTICE: This electronic message is intended to be viewed only by the
individual to whom it is addressed. It may contain information that is confidential and exempt
from disclosure under applicable law. Any dissemination, distribution or copying of this
communication is strictly prohibited. If the reader of this message is not the intended recipient or
you receive this communication in error, please notify us immediately by return e-mail and
delete the original message and any copies of it from your computer system.** **For further
information about Action Property Management, please see our website at www.actionlife.com
or refer to any of our offices. Thank you.**
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Response To Comment Letter #17 — Ryan Darby
Response to Comment 17-1:
Thank you for your comment. Appendix Hof the Draft IS/MND provides the noise measurement printouts
and a photo index of the noise measurement locations. The noise measurement locations were selected
in order to obtain the ambient noise measurements at the locations that would experience the greatest
noise increase from construction and/or operation of the proposed Project. No noise measurements were
taken in the vicinity of the Villa Balboa Condos, since the grade is relatively flat in the Sunset View Park
area that covers the nearest 200 feet to the Villa Balboa Condos and then there is a steep slope to the
Project site. The southwest edge of Sunset View Park will block the line -of -sight between the proposed
Dog Park and the Villa Balboa Condos. In fact the proposed dog park will be located more than 20 feet
lower than the elevation at Sunset View Park. Since sound travels in straight lines, the southwest edge of
Sunset View Park will effectively act like a 20 foot high sound wall between the proposed dog park and
the condos. As such, only nominal construction noise impacts are anticipated to occur from the proposed
project at the Villa Balboa Condos and no operational noise impacts from the proposed dog park or any
other noise sources are anticipated to occur at the Villa Balboa Condos.
As described in the Draft IS/MND, Section 4.13.2 Impact a) the noise from the proposed dog park, from
both dogs barking and dog -owners talking, would be well below (at least 30 dB below) ambient noise
levels. Noise is only additive if the noise source is within 10 dB of ambient noise levels. Since noise from
the proposed dog park would be at least 30 dB below ambient noise levels, it would not provide a
quantitative contribution to existing ambient noise levels and will not be discernible at the nearby homes.
A noise study was conducted for the Proposed Project to compare noise levels for similar activities at
other comparable facilities; and these noise measurements are presented in detail in Table 4-24 of the
Draft IS/MND. Additionally, according to the CaIEEMod model run, the proposed Project is anticipated to
generate nine or fewer additional daily trips above current conditions, which would have a negligible
impact to the nearby roadway noise levels. Therefore, it has been determined that the noise levels
generated at the dog park would be within the City's exterior daytime and nighttime residential noise
standards. The Proposed Project would not result in a significant impact to the nearest homes in the
vicinity of the Project.
Response to Comment 17-2:
Please refer to Response to Comment 17-1.
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Comment Letter #18 — Ryan Darby
COMMENT LETTER #18
From:
Tran, Andy
Sent:
Friday, October 18, 2019 12:47 PM
To:
'Ryan Darby'
Cc:
Carleen
Subject:
RE: Ambient Noise
I will forward your following question to the environmental consultant.
Thanks,
Andy
From: Ryan Darby<rdarby@actionlife.com>
Sent: Friday, October 18, 201912:34 PM
To: Tran, Andy<ATran@newportbeachca.gov>
Cc: Carleen <challstead@aol.com>
Subject: RE: Ambient Noise
Hello Andy,
The three locations are not by Villa Balboa though.
1ST location is on PCH.
2nd location is on PCH and Superior. Comment
3rd location is the park on the other side of Superior. 18-1
If I could get a response stating how the ambient noise level stated in the report was within 10 dB of the
current ambient noise dB.
Thanks!
From: Tran, Andy <ATran@newportbeachca.gov>
Sent: Friday, October 18, 201911:19 AM
To: Ryan Darby <rdarby@actionlife.com>
Cc: Carleen <challstead@aol.com>
Subject: RE: Ambient Noise
RYAN DARBY I COMMUNITY MANAGER
ACTION PROPERTY MANAGEMENT
2603 MAIN STREET, SUITE 500, IRVINE, CA 92614
OFFICE 1 (949) 450-0202
WEBSITE I WARD I RDARBYCaIACTIONLIFE.COM
Hi Ryan,
Chambers Group, Inc. 9E
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Since this is a question on our environmental document (MND) and we are currently in our 30 -day
public review period, I will have our environmental consultant prepare a formal written response to
your question at the end of the review period. This is standard California Environmental Quality Act
(CEQA) procedure.
With that said, Table 4-21 of the MND does list existing noise levels at the 3 locations. I would also
suggest reviewing Appendix H.
Hope this helps.
Andy Tran, P.E.
Senior Civil Engineer
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Phone: 949-644-3315
From: Ryan Darby<rdarby@actionlife.com>
Sent: Friday, October 18, 2019 7:58 AM
To: Tran, Andy <ATran@newportbeachca.gov>
Cc: Carleen <challstead@aol.com>
Subject: Ambient Noise
Hello Andy,
went through the Noise Report and I see where it says it is only an additive if the noise source is within
10 dB of ambient noise levels, however I don't see where it lists what the ambient noise levels are at
Villa Balboa and that there weren't any tests done on the property like we do for Hoag Hospital to
obtain those noise levels. Can you let me know what they found the ambient noise level to be?
The point that I was trying to bring up at the meeting is that the noise levels at Villa Balboa is already
significantly higher than most of the rest of Newport Beach with the Co -Gen Plant, PCH and Superior.
The dog park, would be raising an already elevated ambient noise level for the residents.
y T ! i e
ACTIwN
PRO11C11TY MfANAGrMtNT
w
RYAN DARBY I COMMUNITY MANAGER
ACTION PROPERTY MANAGEMENT
2603 MAIN STREET, SUITE 500, IRVINE, CA 92614
OFFICE 1 (949) 450-0202
WEBSITE I VCARD I RDARBY@ACTIONLIFE.COM
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Response To Comment Letter #18 — Ryan Darby
Response to Comment 18-1:
Thank you for your comment.
As described in Section 4.13.1 of the Draft IS/MND, long-term (24-hour) noise measurements were taken
in the vicinity of the proposed Project. Results of the noise level measurements are presented in Table 4-
21 and the noise measurement printouts and photos of the noise measurements sites are provided in
Appendix H.
The noise measurement locations were selected in order to obtain the ambient noise measurements at
the locations that would experience the greatest noise increase from construction and/or operation of
the proposed Project. No noise measurements were taken in the vicinity of the Villa Balboa Condos, since
the grade is relatively flat in the Sunset View Park area that covers the nearest 200 feet to the Villa Balboa
Condos and then there is a steep slope to the Project site. The Southwest edge of Sunset View Park will
block the line -of -sight between the proposed dog park and the Villa Balboa Condos. In fact the proposed
dog park will be located more than 20 feet lower than the elevation at Sunset View Park. Since sound
travels in straight lines, the southwest edge of Sunset View Park will effectively acts like a 20 foot high
sound wall between the proposed dog park and the condos. As such, only nominal construction noise
impacts are anticipated to occur from the proposed Project at the Villa Balboa Condos and no operational
noise impacts from the proposed dog park or any other noise sources are anticipated to occur at the Villa
Balboa Condos.
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Comment Letter #19 — Sudhir Banker
COMMENT LETTER #19
From: Sudhir Banker <bankerfmly@aol.com>
Sent: Friday, October 18, 201912:34 PM
To: Dixon, Diane; Dept - City Council; Tran, Andy; Detweiler, Laura; Levin,
Sean
Cc: Darby Ryan #313 Hoa
Subject: Re: DOG PARK/PARKING EXPANSION next to Sunset Ridge park
Honarable Mayor Diane, respected city council, Mr.Tran, Ms.Detweiler and all staff
Thank u very much for giving myself and all of us at Villa Balboa to giving us opportunity to meet with u
all at dog park and listen and hear us about:
Comment
-Our very strong objection to placement of Dog Park right in our front yard for specific reasons our
19-1
request to place it totally somewhere else.
- SUNSET VIEW PARK IS SUCH A UNIQUE PARK, A MOST EXPENSIVE PIECE OF REAL ESTATE ,WHERE
ANNUALLY MORE THAN 25000 People from our property of 459 units, HOAG staff and patients,
Comment
neighboring residents and local and out of city/state 'Visitors'to enjoy incredible Ocean views, fresh
19-2
ocean breezes and unmatched Sunsets !!!!
-PLEASE DONOT PLACEI Comment
DOG PARK AND INSTEAD USE SAME LAND TO EXPAND SUNSET VIEW PARK. 19-3
-LEAVE A LEGACY FOR GENERATIONS TO COME AND GET COMPLIMENTS TO CITY OFFICIALS AND
BLESSINGS FROM ALL FOR GIVING MORE GREEN SPACE FOR PUBLIC USE. Comment
19-4
Hoping to hear from you and staff a very favorable decision .
Respectfully,
Sudhir Banker
8186941777 cel I
200 Paris lane #313
Newport Beach Ca 92663
Sent from my iPhone
>On Oct 15, 2019, at 12:33 PM, Rajeshbanker <bankerfmly@aol.com> wrote:
>Honorable. Mayor Diane,respected city council members, city engineer and staff at large:
>As a resident of Villa Balboa community of 449 mostly senior householders, please review our
attached letter and following and consider and approve Our request:
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>-We are totally against the proposed Dog Park.This is immediately
>adjacent to our building (200 Paris Lane) with 54 homes and our Villa Balboa complex of 449 homes,
as well as, next to Hoag Hospital Property.
>- This was thrusted and forced upon us by a stroke of a pencil on map ,immediately adjacent to our
community of 449 units residents Villa Balboa (with no Dogs policy for 40 years)and practically placed
into our front yard .There is no buffer zone,period. This will have perhaps unintentional but severe
adverse consequences to health, quiet and peaceful enjoyment by our community, as well as, annually
more than 25,000 visiting peoGmail.comple , including Hoag staff and patients in wheel chairs, enjoying
daily walks, meditation, playing with children and most importantly enjoying fresh ocean breezes and
fantastic sunrise and sunsets in a quiet and peaceful environment, etc...
>-Sunset View park,a tiny park, only a block away from ocean, was named and created for enjoyment
by public to enjoy fresh ocean breezes, Fantastic sunsets, fireworks,airshow,boat race in a very
Quiet,peaceful environment with loved ones.
>Instead, adjacent proposed dog park will bring lot of unhealthy air with foul smell and lots of barking
noise pollution and create a very unsafe location for dogs, people and traffic in and out and slow down
or block emergency vehicle traffic on Superior to and from Hoag.
>-Noise pollution of loud barking,smell,unhealthy air conditions (replacing refreshing clean ocean
breezes)from my and surrounding units will be unacceptable and any "study" city puts it in question.
> WE RESPECTFULLY REQUEST:
> - We consider you all , city fathers, as parents, using your wisdom and long range thinking To
protect and enhance the interests and rights of us public for quiet, peaceful Enjoyment for
generations to come.
>- The land for proposed dog park is very precious and unique real estate and should be used for
the benefit Of people FIRST.
> - Suggest, let us create something very valuable for our many generations to come
> By increasing the size of tiny Sunset View Park and provide more green space for
> Meditation, excercise circuit, playing with children, mini picnics, enjoying
> Refreshing clean ocean air breezes,Fabulous sunsets ,fireworks, boat and air shows in a quiet
peaceful way.
> -relocate proposed dog park to a huge SUNSET RIDGE Park right across
> With lot of idle land with buffer zone and near the community where HOA has dogs
> Accepted policy.
> -Concurrently, in addition to reallocating the land for dog park to Sunset View
> Park,Reallocate land for additional parking,to expand the tiny Sunset View Park
> With more green area forever increasing and growing need for public use above.
> (ARE YOU AWARE OF HOMELESS TENT WITH LOTS OF TRASH IN THE EXISTING
> PARKING LOT WITH ABUSIVE USE OF BUSHES AND TREES IN ADJOINING HOAG HOSPITAL FOR
DAILY SANITARY NEEDS?)
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>1 must mention that WE LOVE DOGS, especially we spend fun time with two dogs Buboo nearby And
Lolla our sons have .
> THIS IS NOT APPROPRIATE LOCATION FOR DOG PARK, PLEASE.
>WISH YOU WOULD HAVE PLANNED THE MEETING ON 15th October at SUNSET VIEW PARK, IN ORDER
TO GET FIRST HAND KNOWLEDGE OF THE ISSUES ON HAND.
> RESPECTFULLY,
> Sudhir Banker
> OWNER:
> 200 Paris Lane #313
> Newport Beach CA 92663
> Phone: 818-694-1777
> Email: bankerfmly@aol.com
> <DOG PARK
> Sent from my iPad
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Response To Comment Letter #19 — Sudhir Banker
Response to Comment 19-1:
Thank you for your comment. Comment noted.
Response to Comment 19-2:
Comment noted.
Response to Comment 19-3:
The purpose of the proposed Project is a construction of a pedestrian and bicycle bridge overcrossing
Superior Avenue that would connect Sunset Ridge Park to the Superior Parking Lot at the intersection of
West Coast Highway and Superior Avenue.
The objectives of the project are:
• To improve safety and access to Sunset Ridge Park for pedestrians and bicyclists by eliminating
the need to cross Superior Avenue via the existing at -grade crosswalk.
• To provide additional parking spaces to better serve both passive uses and organized sporting
events (mostly youth) at Sunset Ridge Park in an area where parking is limited.
• To reduce traffic signal wait times by shifting pedestrian and bicycle traffic from the at -grade
crosswalk to the bridge.
• To expand recreational options in this part of the City by developing a small dog park just below
Sunset View Park, adjacent to the expanded parking lot.
Response to Comment 19-4:
Comment noted.
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Comment Letter #20 — City of Irvine
COMMENT LETTER #20
-4OFf4L
i
0 fi
Community Development
1 Civic Center Plaza, Irvine, CA 92606-5208
October 21, 2019
Mr. Andy Tran
City of Newport Beach
Public Works Department
100 Civic Center Drive
Newport Beach, CA 92660
cityofirvine.org
949-724-6000
Subject: Notice of Availability and Intent to Adopted a Mitigated Negative
Declaration for the Superior Avenue Pedestrian and Bicycle Bridge
and Parking Lot Project in the City of Newport Beach
Dear Mr. Tran:
City of Irvine staff is in receipt of a Mitigated Negative Declaration for the Superior Avenue
Pedestrian and Bicycle Bridge and Parking Lot Project in the City of Newport Beach. The
project is adjacent to Sunset Ride Park and Sunset View Park, and approximately 1,000
feet away from the coastline. The project proposes a new pedestrian and bicycle bridge
overcrossing Superior Avenue, a 3.4 acre dog park, and a parking lot expansion. The Comment
project is intended to facilitate movement for pedestrians and bicyclists across Superior 20-1
Avenue and provide more parking opportunities for Sunset Ridge Park. Staff reviewed
the project and has no comments.
If you have any questions, you may contact me at 949-724-6364 or by email at
4equina cityofirvine.orcl
S'ncerely,
Jus I uina
ociate Planner
cc: Kerwin Lau, Manager of Planning Services
Marika Poynter, Principal Planner
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Response To Comment Letter #20 — City of Irvine
Response to Comment 20-1:
Thank you for your comment. Comment noted.
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Comment Letter #21— Barry Macpherson
COMMENT LETTER #21
To: Andy Tran, Senior Civil Engineer, City of Newport Beach, Public Works 10/21/19
Dear Mr. Tran,
am a long time resident of Newport Beach, California. I have lived at Newport Crest for
the past thirty years. I use Sunset Ridge Park on a daily basis. As you are aware the
Sunset Ridge Park was originally conceived as a "passive" park for visitors to enjoy
walking trails and views from the park. The baseball diamond and soccer field was
added as an adjunct at the behest of the Newport Beach Parks and Recreation
Department.
Currently, Sunset Ridge Park is being used exactly as intended. Visitors come from
surrounding communities to enjoy the views, walk the trails, walk their dogs and use
the recreational facilities. Adults and youths involved in competitive sports use the
park. Sunset Ridge Park and Sunset View Park are perfect just the way are now.
There is absolutely no need to expand the parking lot, construct a new dog park or
build a pedestrian bridge. This project will be a huge cost to the taxpayer.
The Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project is a
solution looking for a problem. There is no problem. The Project should be opposed
for a number of reasons, some of which include the following:
1. A major reason to oppose this proposed Project is the cost. There is no need to
spend five million or more dollars of taxpayer funds on this Project. It does not Comment
21-1
matter if the money is local, state or federal. It is still taxpayer funds.
2. The parking lot below Sunset View Park has 64 parking spaces and does NOT
need to be enlarged or modified. The current parking lot is never full and
infrequently used. The only time the lot is full is on the Fourth of July and Labor Comment
Day. When there are sporting events at Sunset Ridge Park the lot is not full. Many 21-2
of the parents who have youth playing at sporting events drop their youths off and
do not park in the lot.
3. There is no need to build a .3 acre dog park. Currently, there is ample opportunity
for visitors at both Sunset Ridge Park and Sunset View Park to walk their dogs. Any
visitor to Sunset Ridge Park and Sunset View Park will see a number of visitors Comment
walking their dog(s) and enjoying the park. Visitors do not typically drive to a park 21-3
to walk their dog. They walk from surrounding neighborhoods with their dog to the
park.
4. The proposed Superior Avenue Pedestrian and Bicycle Bridge is not needed. The
proposed bridge is not needed because it will not significantly decrease the time to
get to the park or decrease the distance to access the park from the parking lot. Comment
Visitors typically walk to Sunset Ridge Park and Sunset View Park from surrounding 21-4
communities. The majority of visitors do not access Sunset Ridge Park from the
parking lot. Visitors can park in the current parking lot and easily access Sunset
Ridge Park via Pacific Coast Highway.
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5. To address the safety concerns for visitors accessing the Sunset Ridge
Park from the parking lot, it is suggested that the duration of time for the signal for Comment
crossing the intersection at Pacific Coast Highway and Superior Avenue be increased. 21-5
Additionally, warning lights should be embedded in the asphalt at the intersection. The
lights then could be activated by a pedestrian. For a very modest cost, this would
greatly improve pedestrian safety and visibility.
6.According to the Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot
plan, there will need to be extensive grading and earthwork which will contribute to air
pollution. The elevated area at the base of Sunset View Park will be leveled. In the
process of the building and completion of the dog park, native flora and vegetation will
be destroyed. The existing slope that is used by many visitors to relax, view sunsets
and take pictures will be destroyed. The local wildlife including squirrels, jack rabbits,
cotton tail rabbits, coyotes, etc will be displaced. Protected species including the Comment
coastal California gnatcatcher and burrowing owl may be affected by the Project. The 21-6
negative environmental impact resulting from this project would be irreparable. The
result could include possible loss of animal life and disruption of the adjacent
ecosystem. The project will significantly alter the local habitat. The addition of a dog
park near Sunset View Park will increase noise pollution, light pollution, and possibly
increase the spread of disease from dog feces.
In summary, the City of Newport Beach should not approve a Coastal Development
Permit (CDP) or approve a Mitigated Negative Declaration (MND) for the Superior
Avenue Pedestrian and Bicycle Bridge and Parking Lot. The project is costly and Comment
unnecessary. The California Costal Commission should not approve a Coastal 21-7
Development Permit Amendment for this project.
Please notify me by US mail of any future public meeting regarding the Superior
Avenue Pedestrian and Bicycle Bridge and Parking Lot Project.
Sincerely yours,
Barry Macpherson
15 Mojo Court
Newport Beach Ca 92663
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Comment Letter #21— Barry Macpherson
Response to Comment 21-1:
Thank you for your comment. Comment noted. The cost of the Project is outside the scope of CEQA,
however your comment will be included for City Council's consideration of the project.
Response to Comment 21-2:
The purpose of the proposed Project is a construction of a pedestrian and bicycle bridge overcrossing
Superior Avenue that would connect Sunset Ridge Park to the Superior Parking Lot at the intersection of
West Coast Highway and Superior Avenue.
The objectives of the project are:
• To improve safety and access to Sunset Ridge Park for pedestrians and bicyclists by eliminating
the need to cross Superior Avenue via the existing at -grade crosswalk.
• To provide additional parking spaces to better serve both passive uses and organized sporting
events (mostly youth) at Sunset Ridge Park in an area where parking is limited.
• To reduce traffic signal wait times by shifting pedestrian and bicycle traffic from the at -grade
crosswalk to the bridge.
• To expand recreational options in this part of the City by developing a small dog park just below
Sunset View Park, adjacent to the expanded parking lot.
Response to Comment 21-3:
Comment noted. Please refer to Response to Comment 21-2.
Response to Comment 21-4:
Please refer to Response to Comment 21-2.
As described in the Draft IS/MND, Section 2.2 Project Purpose and Objectives, the Proposed Project aids
in improving safety and access to Sunset Ridge Park for pedestrians and bicyclists by eliminating the need
to cross Superior Avenue via the existing at -grade crosswalk. This is an improvement from the present
conditions where pedestrians and bicyclists typically cross the busy, major arterial roadways, West Coast
Highway and Superior Avenue, to reach Sunset Ridge Park.
Response to Comment 21-5:
Please refer to Response to Comment 21-4.
Response to Comment 21-6:
As described in the Draft IS/MND, Section 4.3.3, the data shows that construction -related emissions would
not exceed SCAQMD's local air concentration thresholds. In addition, construction emissions would be
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short-term, limited only to the period when construction activity is taking place. As such, construction
related local air concentrations would be less than significant for the proposed Project. As described in
the Draft IS/MND, Section 4.13.2 Impact a) the noise from the proposed dog park, from both dogs barking
and dog -owners talking, would be well below (at least 30 dB below) ambient noise levels. Noise is only
additive if the noise source is within 10 dB of ambient noise levels. Since noise from the proposed dog
park would be at least 30 dB below ambient noise levels, it would not provide a quantitative contribution
to existing ambient noise levels and will not be discernible at the nearby homes. A noise study was
conducted for the Proposed Project to compare noise levels for similar activities at other comparable
facilities; and these noise measurements are presented in detail in Table 4-24 of the Draft IS/MND.
Additionally, according to the CaIEEMod model run, the proposed Project is anticipated to generate nine
or fewer additional daily trips above current conditions, which would have a negligible impact to the
nearby roadway noise levels. Therefore, it has been determined that the noise levels generated at the dog
park would be within the City's exterior daytime and nighttime residential noise standards. The Proposed
Project would not result in a significant impact to the nearest homes in the vicinity of the Project.
As described in the Draft IS/MND, Section 4.3.3 Impact d) a regular maintenance schedule, including
proper handling and removal of pet waste will be established to prevent accumulation of dog waste at
the park thus preventing the generation of odor. Additionally, as part of the design, the dog park would
include conveniently -sited waste receptacles away from residences, and provision of waste bags for
owners' use. In addition, with the use of synthetic turf specifically designed for dog parks, the ease of
cleaning and maintenance is increased.
The appropriate disposal of dog waste onsite would minimize odors perceptible to people. Pursuant to
Section 7.20.020 of the City of Newport Beach Municipal Code, it is unlawful for a person in charge of any
animal "to permit such animal to defecate and to allow the feces to thereafter remain on any public
sidewalk, public beach or park or on any other public property or on any private property other than that
of the owner..." The Project's provision and maintenance of bags for the disposal of dog waste and of
trash receptacles at the dog park would facilitate compliance with Municipal Code Section 7.20.020. Thus,
the dog park is not expected to result in any significant impacts in relation to odor from pet waste. The
Project site is not anticipated to introduce any other objectionable odors.
As described in Section 4.4.1 (f) of the Draft IS/MND, the proposed Project is not located within an
environmental study area and there are no potentially significant impacts anticipated to the habitats or
species that have the potential to occur. In addition, avoidance and mitigation efforts would result in
direct and indirect impacts to be less than significant to habitats, natural communities, and wildlife. A
Biological Technical Report was prepared for the proposed Project which evaluated impacts to wildlife
species including burrowing owl. In addition, a coastal California gnatcatcher protocol level survey was
performed to evaluate potential impacts to this sensitive species. Based on these reports, mitigation
measures were provided to reduce potential impacts to nesting birds, wetlands, and sensitive plant
species, as outlined in mitigation measures MM BIO -1 through MM BIO -5. With implementation of these
mitigation measures, impacts would be reduced to less than significant.
Response to Comment 21-7:
Thank you for your comment. Comment noted.
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Comment Letter #22 — Deborah Gero
COMMENT LETTER #22
Andy Tran, P.E.
Senior Civil Engineer
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA. 92660
October 22, 2019
Deborah A. Gero
1341 Berea Place
Pacific Palisades, CA. 90272
Owner of:
200 Paris Lane 112
Newport Beach, CA 93663
debigero(apmail.com
RE: Draft/Initial Study/Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project
Andy:
I would like to take you up on your offer to submit questions that I have regarding the above
report. My questions are from the perspective of the closest building at Villa Balboa (200 Paris
Lane) to the dog park and from the perspective of Sunset View Park, which will be immediately
adjacent to the dog park, as I have had the occasion to make personal observations and see
preferences from many others in the community who currently use and appreciate Sunset View
Park. When I use the word "City", I am referring broadly to the City of Newport Beach, which
would include all departments, such as Recreation and Senior Services.
Generally:
Distance from the proposed dog park to nearest homes:
What is an official and accurate measure of the closest distance of the nearest Villa Balboa unit
to the dog park? It looks like three different measures used for how close residents are to the Comment
dog park. On page 52, it states that residents in the northeast are 220 feet away, page 105 22-1
states that they are 260 feet away, and the presentation dated August 6, 2019 titled "Lover
Sunset View Park Conceptual Design" indicates that the distance is 250 feet.
Measurement points for the study:
Why were there no measurement points at Sunset View Park and Villa Balboa in the proximity Comment
of the project? 22.2
For a multi story residence, should there be measurement points at various heights?
Even with the existing measurement points, why doesn't the City feel that the area is over the
noise limit for residential already, when the closest measuring point to the residential Villa Comment
Balboa complex measuring 67.0 (dBA Leq) (Table 4-21)? 22.3
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Visitors to the parking lot and dog park:
What has the City (not Chambers but the City) assumed (increased daily visits) for:
Usage of the parking lot in order to justify the spend?
The dog park?
Does the City plan to increase scheduled activities at Sunset Ridge Park?
How do Chamber's assumptions on usage compare to the City's?
What's not in the report:
Why is there is no reference to the traffic record on the stretch of Superior Blvd., particularly
the side of the road where traffic heads inland from PCH to Ticonderoga?
How would the development impact the safety record?
Why is there no assessment of the City's current enforcement of leash laws or rules at the
existing dog park?
Comment
22-4
Comment
22-5
Comment
22-6
Comment
22-7
Was there a survey taken of the sentiment toward a dog park of the immediately adjacent 450
Comment
home Villa Balboa Community?
22-8
Was the fact the Villa Balboa community has been a "no dog" community for forty (40) years
Comment
considered in location selection?
22-9
Was there any survey taken of the sentiment toward a dog park of the large number of current Comment
users of Sunset View Park (ex. Those who aggregate in the evening?) 1 22-10
Specifically:
4.1 Aesthetics
—Why weren't any photos taken from Sunset View Park? This park will now look directly Comment
down on the dog park. 22-11
— Why hadn't the City previously maintained "large mound of dirt"? Comment
22-12
—Why wasn't it acknowledged that the "large mound of dirt" offers the best views in the area Comment
and has functioned as a de facto extension of Sunset View Park?
22-13
— Lighting Comment
— How will this impact Sunset View Park? 22-14
— What hours will each of the bridge, the parking lot, and the dog park be lit? Comment
22-15
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4.3 Air Quality
22-21
On page 51, the document notes that "The proposed pedestrian bridge and parking lot are not
t
Comment
2-16
anticipated to create any additional vehicle trips...".
—Is this the City's assumption?
Comment
—If beachgoers are now aware of additional parking in Superior, why would that not generate
Comment
additional trips on Superior?
22-17
—How does this reconcile with what is posted at newportbeachca.gov which states: "The
existing parking lot only has 64 parking stalls and does not provide adequate parking for large
Comment
organized sporting events. The primary goals of this project are to increase parking and
22.18
improve pedestrian and bicycle safety and access to Sunset Ridge Park"?
—In Section 4.16.1 on "Recreation", the document notes that the plan "The proposed Project
22'23
includes additional parking facilities for the uses of the dog park and accommodates users of
Comment
Sunset Park". 36 - 64 new spaces noted on page 6 (in reference to total spaces of 100 to 128
Comment
spaces): how can this not be generating more pollution and noise in the immediate area
22-19
(addressed in a subsequent section)?
22-25
—When determining additional trips for the dog. park, what hours of operation were
22-26
assumed? 6 am to dusk (as posted on the City's website), as are the hours at the existing
Comment
Newport Beach dog park or 6 am to 11 pm, noted on page 7 as hours that the dog park
22-20
operation would fall within, or other?
22-27
Section 4.3.3 question on page 53 regarding impact of emissions and odors of the dog park: I Comment
— Can the City or Chamber site scientific analysis?
22-21
—What are the odors and biological contaminants that build up in dog parks over a day,
particularly one with anticipated usage such as this one? (I assume usage is assumed to be
extensive or why would the city consider spending tax dollars on building out the requisite
Comment
infrastructure and providing daily maintenance). consider conditions where visitors to the dog
park fail to respect all the rules and appropriately considers the "Atmospheric Setting" set out
22'22
in section 4.3.2. These conditions don't seem to be considered in any way as there seems to
be an assumption of perfect behavior by dog owners and the City in the Section 4.3.3.
—Can the Chambers group site studies of what actually happens at dog parks regarding
Comment
human behavior, particularly when the dog park is not near the dog owners home (since the
nearest housing doesn't allow dogs)?
22'23
—What methodology did the City use in determining use of the dog park? Does this differ
Comment
from Chambers Group assumptions, methodologies, and conclusion that there will be nine or
fewer vehicular trips in a day to the dog park?
22-24
— Will the turf will be watered daily as noted in the report?
22-25
— Will the entire park be made out of natural turf as stated?
22-26
—The current Newport Beach dog park is closed for cleaning Wednesdays from 7 am to 9
Comment
am. What is the nature of this cleaning and how does it differ from the daily cleaning?
22-27
4.11. Land Uses and Planning Comment
22-28
—Why isn't the impact on Sunset View Park considered?
—Why didn't the report note that the "mound of dirt" has de facto become an extension of
the park, offering some of the best coastal views around? Comment
—Why does the report conclude that "The uses will be consistent with what is currently 22-29
onsite" when Sunset View Park is not considered? Is this conclusion realistic if users of Comment
Sunset View Park value a quiet, serene environment with fresh air and unobstructed ocean 22-30
views (currently free of fences, caged animals, and shade structures)?
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4.13. Noise
Comment
—Why wasn't at least one noise measurement taken at Villa Balboa or Sunset View Park?
22-31
—Why do you feel confident that a reading taken on the opposite side of the street and near
Comment
the street (based on the mislabeled photos in Appendix H) is appropriate to the places where
people either live or sit (when visiting the park)?
22-32
—Why was one twenty four hour period in summer used for measurement in a highly
Comment
seasonal community?
22-33
—Why was the approach that uses summary data and averages deemed appropriate? Are
Comment
there other methods that use more detailed data?
22-34
—Did the study consider impact on sound that the change in shape, slope, and surface of the
area where the dog park will be, even absent the noise generated by the dog park?
Comment
—The study seems to assume that ambient noise and noise from the new development is
22-35
constant when it compares the each of the new project's noise level to that of the existing
Comment
ambient noise. Are there other common approaches that would make different assumptions? --22-36
— How is the study for the Beverly Hills Dog Park relevant, given that it is a park that:
— is located largely in a commercial area
— requires registration of dogs by Beverly Hills residents and is for the use of Beverly
Hills residents
— requires key fob access
— limits the number of dogs that can be at the park at any onetime
— is a park 2 to 3 times the size of the proposed Newport Dog Park
— is not in proximity to a multi family housing complex that does not allow dogs
Comment
— potentially has different hours than the proposed Newport Dog Park (6 am to 11 pm in
22-37
Newport Beach (unless some other hours not noted in the study are being used) vs. 6 am to 9
pm in Beverly Hills)?
— has different topological considerations — Beverly Hills is flat while the proposed
Newport Dog Park is up a hill?
— Rincon thought another dog park study was relevant to it, which doesn't seem to be
the case here?
—Is there any study that shows the noise impact of a given number of barking dogs spread in
various area sizes? At .2 - .3 acres, this park is substantially less than the 1 acre minimum
recommendation of the National Kennel Association and the Humane Society of the United
Comment
States since "smaller parks may experience overcrowding problems" (found at
22-38
humanesociety.org).
Comment
— Does dog barking behavior change depending on the space for a given number of dogs?
—According to an August 1, 2019, article in the "Whole Dog Journal: "Parks that are small,
2-39
2men
overcrowded and boringgreatly Increase the likelihood of inappropriate
g y � ppropriate canine behavior
Comment
(fights)." How was this considered for this park of this size?
22-40
—What are the range of assumptions reasonable to test for the standard attenuation rate,
Comment
given the topography and atmospheric conditions at the site?
22-41
—Am I reading the document correctly and we assume that the Superior Avenue
measurement (Table 4-21) is a good one for the adjacent areas, at a level of 67, isn't this
Comment
already in excess of residential noise limits?
22-42
— What is the formula and result for adding the dog park noise to the existing noise at
Comment
Sunset View Park?
22-43
On page 104, there is reference to a CalEEMod estimating the trips to the dog park.
Comment
—On page 51, it states that they used the assumption of trips to parks of similar small size.
22-44
Why is that a reasonable assumption since a park is not a dog park?
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Comment
—What did the City of Newport Beach assume when making the decision to pursue a dog 22-45
park?
— Appendix H: Comment
Are the photos mislabeled? 22-46
Where is the CaIEEMod work done and referenced on page 104 that indicates nine of Comment
fewer new visitors for the dog park? 22-47
— What will be the process to measure the real impact of noise after the park is complete? 22-48
—Will the City replace the dog park or eliminate parking if actual impact (assuming
appropriate and consistent measurement) on Sunset View Park or Villa Balboa is worse than Comment
assumed in this report? 22-49
4.16. Recreation
Comment
22-50
—Why was Sunset View Park not considered in the assessment in this section?
—Were local residents in Villa Balboa surveyed regarding the desired use?
22-51
—How will the homeless be patrolled in a dog park that has attributes desirable to the
homeless — shaded benches, protected areas?
Comment
22-52
Safety— NOT INCLUDED IN THE ENVIRONMENTAL
Comment
22-53
How has traffic safely been considered by the additional visitors to the parking area?
t
Comment
—Could I be provided analysis the City has done on this? If it has not done this work, why
2-54
not?
—How are actual traffic incidents on Superior considered when additional trips are
considered?
Comment
—How will the bridge help to mitigate the acceleration and speeding that already occurs on
22-55
Superior as vehicles head away from the beach (driving behaviors that have lead to cars
Comment
jumping the curb)?
22-56
Oversight and Supervision — NOT INCLUDED IN THE ENVIRONMENTAL
t
—What is the the record of the City in providing citations (other than at the high profile area at Comment
the end of Newport Beach near Huntington Beach) broadly and specifically at Sunset View
2-57
Park for violations separately regarding dogs off leash and failure to pick up dog waste?
—What is the history and patrol and removals for violations at the existing Newport Beach Comment
dog park? 22-58
I look forward to hearing from you.
Thank you.
Sincerely,
Deborah A. Gero
Chambers Group, Inc. Page 5 old
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Response to Comment Letter #22 — Deborah Gero
Response to Comment 22-1:
Thank you for your comment. The Draft MND analyzed in the context of the nearest sensitive receptors,
and provided approximate measurements from the edge of the proposed Project site (and not necessarily
from the dog park itself) to the nearest sensitive receptor. The air quality analysis on page 52 found that
the nearest sensitive receptors to the proposed Project site are multi -family homes located as near as 165
feet to the south and 220 feet to the northeast and single-family homes located as near as 300 feet to the
southwest of the proposed area to be disturbed as part of the proposed Project. The noise analysis
discussion on page 105 noted the nearest sensitive receptors, which would be the multi -family homes to
the south of the proposed Project site, which are as near as 165 feet away.
Response to Comment 22-2:
Thank you for your comment. The noise measurement locations were selected in order to obtain the
ambient noise measurements at the locations that would experience the greatest noise increase from
construction and/or operation of the proposed Project. No noise measurements were taken in the vicinity
of the Villa Balboa Condos, since the grade is relatively flat in the Sunset View Park area that covers the
nearest 200 feet to the Villa Balboa Condos and then there is a steep slope to the Project site. The
southwest edge of Sunset View Park will block the line -of -sight between the proposed Dog Park and the
Villa Balboa Condos. In fact the proposed dog park will be located more than 20 feet lower than the
elevation at Sunset View Park. Since sound travels in straight lines, the southwest edge of Sunset View
Park will effectively act like a 20 foot high sound wall between the proposed dog park and the condos. As
such, only nominal construction noise impacts are anticipated to occur from the proposed project at the
Villa Balboa Condos and no operational noise impacts from the proposed dog park or any other noise
sources are anticipated to occur at the Villa Balboa Condos.
As described in Section 4.13.1 of the Draft IS/MND, long-term (24-hour) noise measurements were taken
in the vicinity of the proposed Project. Results of the noise level measurements are presented in Table 4-
21 and the noise measurement printouts and photos of the noise measurements sites are provided in
Appendix H.
Response to Comment 22-3:
Please referto Response to Comment 22-2. The CEC!A analysis analyzed impacts of increased noise from
the Project in addition to the ambient noise levels.
Response to Comment 22-4:
There are no traffic trip rates in the Institute of Transportation Engineers (ITE) Manual for dog parks. To
determine the potential trips associated with a dog park, a comparison to a similar dog park in Laguna
Beach was reviewed. The dog park in Laguna Beach is 2.5 acres in size and generates 480 trips per day. By
comparison, the proposed 0.2-0.3 acre dog park would generate approximately 38 trips per day. Per the
City Traffic Phasing Ordinance, a traffic impact study is required when there are more than 300 trips per
day generated by a project. Given the estimated trips, it was determined that there is less than significant
impact with the dog park portion of the Project.
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As described in the Draft IS/MND, Section 4.14.1 Impact a) the proposed Project, including the dog park,
would not indirectly induce population growth and is intended to serve the existing population in the area.
No roadways, transit, or bicycle lanes would be significantly modified as a result of the proposed Project
and therefore, would not conflict with applicable circulation plans. As discussed in Section 4.17.1 Impact
a) of the MND, the proposed Project would not result in a substantial increase of users that would
generate a significant increase in traffic because no construction of businesses or residences would occur
and no expansion of park facilities other than the small dog park are proposed.
The cost of a project is outside the scope of CEQA analysis for this Project, but your comment will be
included for City Council's consideration. In addition, the proposed Project is limited to the bridge, parking
lot, and dog park, and would not increase any scheduled activities at Sunset Ridge Park.
Response to Comment 22-5:
The purpose of the proposed Project is a construction of a pedestrian and bicycle bridge overcrossing
Superior Avenue that would connect Sunset Ridge Park to the Superior Parking Lot at the intersection of
West Coast Highway and Superior Avenue.
Please refer to Response to Comment 22-4.
All traffic trips associated with Sunset Ridge Park (land use) are generated by the park visitors. The
proposed parking lot expansion and bridge are not land uses and do not generate new trips. The parking
lot and bridge are ancillary to the land use. Because there is no change to the park site with the Project
area, there are no additional traffic trips that could be associated with the bridge and parking lot Project.
The traffic trips associated with the park visitors, that will use the proposed bridge and expanded parking
lot, already exist in the roadway system. Currently, the Sunset Ridge visitors park their vehicles where
there are available parking spaces in the area. If the existing parking lot is full, park visitors find alternate
parking places in the area, or drop off visitors and users.
Response to Comment 22-6:
As described in the Draft IS/MND, Section 2.2 Project Purpose and Objectives, the Proposed Project aids
in improving safety and access to Sunset Ridge Park for pedestrians and bicyclists by eliminating the need
to cross Superior Avenue via the existing at -grade crosswalk. This is an improvement from the present
conditions where pedestrians and bicyclists typically cross the busy, major arterial roadways, West Coast
Highway and Superior Avenue, to reach Sunset Ridge Park. The development of the proposed bridge
would also result in a beneficial impact related to emergency response because the bridge would provide
increased safety and direct access from the parking lot to Sunset Ridge Park. For pedestrians traveling
along the eastern sidewalk along Superior Avenue, the access point to the parking lot would remain in the
same location, therefore the Project would not result in a change in traffic patterns over what is already
expected along the roadway.
Response to Comment 22-7:
Signage will be included that off -leash dogs must remain within the dog park area. As outlined in the
City's Municipal Code Chapter 7.04.020: "No person having the care, charge or control of any dog shall
cause or allow, either willfully or through failure to exercise due care or control, such dog to be present
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upon any beach, street, alley, or public place, or upon any private property or premises other than his or
her own without written consent of the owner or lessee of such land unless such dog is securely restrained
by a substantial leash or chain not exceeding six feet in length and controlled by a person competent to
restrain such dog. This section shall not be construed as allowing dogs on leashes in the areas from which
dogs are prohibited as designated by Sections 7.04.025, 7.04.030, and 7.04.050. (Ord. 89-8 § 1, 1989: Ord.
1230 § 1, 1967: Ord. 796 (part), 1956: 1949 Code § 4107)." Park users shall comply with the City's code
for use of dog restraints in public places.
As described in the Draft IS/MND, Section 2.3.3, the design of the proposed 0.2-0.3 acre dog park includes
the installation of 6 -foot tall fences, separating large and small dogs, thus clearly designating a space,
specifically catered towards dogs and the pet owners. The dog park would also have ancillary facilities
like a water fountain, benches, shade structure, security lighting, trash cans and waste bag dispensers for
the pet owners' convenience and use. Some of these features would be absent in Sunset Ridge Park,
namely the ability to allow dogs off -leash, thus acting as an incentive for pet owners to remain within the
dog park. Installation of the fences would prevent dogs from exiting the designated park area and prevent
dogs from entering any private properties, or public roadways.
Response to Comment 22-8:
The City has held meetings with surrounding neighborhoods to discuss the proposed Project. This issue
is outside the scope of CEQA analysis; however, the City Council will consider public review comments in
their review of the Project and CEQA document.
Response to Comment 22-9:
Dog park design and proximity to specific communities is outside the scope of CEQA analysis; however,
the City Council will consider public review comments in their review of the Project and CEQA
document.
Response to Comment 22-10:
Please refer to Response to Comment 22-7.
Response to Comment 22-11:
As described in Section 4.1.1 of the Draft IS/MND, photographs are provided from various viewpoints
from the proposed Project area.
Response to Comment 22-12:
This is outside the scope of CEQA analysis for this Project, but your comment will be included for City
Council's consideration.
Response to Comment 22-13:
The City of Newport Beach General Plan designates public viewpoints for coastal views within the city.
Areas near the Project site that have such designation include Sunset Ridge Park, Sunset View Park, and
along the trail above the current parking lot, including the designated point where a bench was installed.
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The City's Local Coastal Plan also designates the same public view points in the designated parks and along
the paved trail that fronts the Villa Balboa Community. Further, the bridge associated with the Project will
provide safer unobstructed views of the coast.
Response to Comment 22-14:
As described in Section 4.1.1 Impact d), security lighting at the park and parking lot, as well as bridge
lighting, would be down -shielded to prevent light scatter. The proposed Project would comply with the
City of Newport Beach Municipal Code 21.30.070 and 20.30.070 Outdoor Lighting standards for parking
lots and other manmade objects to reduce the impacts of glare, light trespass, over lighting, sky glow, and
poorly shielded or inappropriately direct lighting fixtures.
Response to Comment 22-15:
Thank you for your comment. As described in the Draft IS/MND, Section 2.3.3, hours at the dog park
would be consistent with the Municipal Code which restricts park hours to between 6:00 a.m. and 11:00
p.m. The parking lot will be operated in the same manner as the existing parking lot with paid metered
parking spaces from 8 a.m. to 6 p.m.; and the parking lot would remain open for 24 hours per day. Low
(42" tall) down -shielded safety lights to light up walkways will remain on throughout the night (sundown
to sunup), similar to Sunset Ridge Park.
Response to Comment 22-16:
See Response to Comment 22-4. All traffic trips associated with Sunset Ridge Park (land use) are generated
by the park visitors. The proposed parking lot expansion and bridge are not land uses and do not generate
new trips. The parking lot and bridge are ancillary to the land use. Because there is no change to the park
site with the Project area, there are no additional traffic trips that could be associated with the bridge and
parking lot Project. The traffic trips associated with the park visitors, that will use the proposed bridge and
expanded parking lot, already exist in the roadway system. Currently, the Sunset Ridge visitors park their
vehicles where there are available parking spaces in the area. If the existing parking lot is full, park visitors
find alternate parking places in the area, or drop off visitors and users.
As described in the Draft IS/MND, Section 4.17.1 Impact a), the expanded parking lot associated with the
proposed Project would serve existing park users and would not generate a significant increase in traffic
because no businesses or residences are being constructed and no additional park facilities besides the
dog park will be introduced. In fact, the parking lot would provide a designated parking area to diverge
parking -related traffic from surrounding residential and commercial areas. Furthermore, there would be
no conflict with applicable circulation plans due to no significant proposed modifications to roadways,
transit, or bicycle lanes. These factors would prevent increased traffic generation due to the construction
of the large parking lot.
Response to Comment 22-17:
Please refer to Response to Comment 22-16.
Response to Comment 22-18:
Please refer to Response to Comment 22-16.
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Response to Comment 22-19:
Please refer to Response to Comment 22-16.
Response to Comment 22-20:
Please refer to Response to Comment 22-4. Hours at the dog park would be consistent with the Municipal
Code which restricts park hours to between 6:00 a.m. and 11:00 p.m.
Response to Comment 22-21:
As described in the Draft IS/MND, Section 4.3.3 Impact d) a regular maintenance schedule, including
proper handling and removal of pet waste will be established to prevent accumulation of dog waste at
the park thus preventing the generation of odor. Additionally, as part of the design, the dog park would
include conveniently -sited waste receptacles away from residences, and provision of waste bags for
owners' use. In addition, with the use of synthetic turf specifically designed for dog parks, the ease of
cleaning and maintenance is increased.
The appropriate disposal of dog waste onsite would minimize odors perceptible to people. Pursuant to
Section 7.20.020 of the City of Newport Beach Municipal Code, it is unlawful for a person in charge of any
animal "to permit such animal to defecate and to allow the feces to thereafter remain on any public
sidewalk, public beach or park or on any other public property or on any private property other than that
of the owner..." The Project's provision and maintenance of bags for the disposal of dog waste and of
trash receptacles at the dog park would facilitate compliance with Municipal Code Section 7.20.020.
Thus, the dog park is not expected to result in any significant impacts in relation to odor from pet waste.
The Project site is not anticipated to introduce any other objectionable odors.
Response to Comment 22-22:
Please refer to response to Comment 22-21.
Response to Comment 22-23:
Please refer to response to Comment 22-7. Human behavior at dog parks is outside the scope of CEQA
analysis for this Project, but your comment will be included for City Council's consideration.
Response to Comment 22-24:
Please refer to Response to Comment 22-4 and Response to Comment 22-16.
Response to Comment 22-25:
Artificial turf will be used for the dog park, and will be irrigated to break down dog waste, similar to
what currently exists at the Civic Center dog park.
Response to Comment 22-26:
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Please refer to Response to Comment 22-25.
Response to Comment 22-27:
The proposed Project will include an established cleaning schedule once construction is complete. The
current Newport Beach dog park is outside the scope of this Project; however, this comment will be
considered by the City Council in their review of the Project and CEQA document.
Response to Comment 22-28:
The City of Newport Beach General Plan designates public viewpoints for coastal views within the city.
Areas near the Project site that have such designation include Sunset Ridge Park, Sunset View Park, and
along the trail above the current parking lot, including the designated point where a bench was installed.
The City's Local Coastal Plan also designates the same public view points in the designated parks and along
the paved trail that fronts the Villa Balboa Community. The proposed Project will not impact views from
Sunset View Park.
Response to Comment 22-29:
Please refer to Response to Comment 22-28.
Response to Comment 22-30:
As described in the Draft IS/MND Section 4.3.3 Impact a) the proposed Project is consistent with the
existing land use designations and would not require a General Plan Amendment or zone change. As
described in Section 4.11.1 Impact b), the proposed Project will maintain the current land uses.
Response to Comment 22-31:
The noise measurement locations were selected in order to obtain the ambient noise measurements at
the locations that would experience the greatest noise increase from construction and/or operation of
the proposed Project. No noise measurements were taken in the vicinity of the Villa Balboa Condos, since
the grade is relatively flat in the Sunset View Park area that covers the nearest 200 feet to the Villa Balboa
Condos and then there is a steep slope to the Project site. The southwest edge of Sunset View Park will
block the line -of -sight between the proposed Dog Park and the Villa Balboa Condos. In fact the proposed
dog park will be located more than 20 feet lower than the elevation at Sunset View Park. Since sound
travels in straight lines, the southwest edge of Sunset View Park will effectively act like a 20 foot high
sound wall between the proposed dog park and the condos. As such, only nominal construction noise
impacts are anticipated to occur from the proposed project at the Villa Balboa Condos and no operational
noise impacts from the proposed dog park or any other noise sources are anticipated to occur at the Villa
Balboa Condos.
As described in the Draft IS/MND Section 4.13, noise measurement locations are provided in Appendix H.
See Response to Comment 22-2.
As described in the Draft IS/MND, Section 4.13.2 Impact a) the noise from the proposed dog park, from
both dogs barking and dog -owners talking, would be well below (at least 30 dB below) ambient noise
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levels. Noise is only additive if the noise source is within 10 dB of ambient noise levels. Since noise from
the proposed dog park would be at least 30 dB below ambient noise levels, it would not provide a
quantitative contribution to existing ambient noise levels and will not be discernible at the nearby homes.
A noise study was conducted for the Proposed Project to compare noise levels for similar activities at
other comparable facilities; and these noise measurements are presented in detail in Table 4-24 of the
Draft IS/MND. Additionally, according to the CaIEEMod model run, the proposed Project is anticipated to
generate nine or fewer additional daily trips above current conditions, which would have a negligible
impact to the nearby roadway noise levels. Therefore, it has been determined that the noise levels
generated at the dog park would be within the City's exterior daytime and nighttime residential noise
standards. The Proposed Project would not result in a significant impact to the nearest homes in the
vicinity of the Project.
Response to Comment 22-32:
Please refer to Response to Comment 22-2 and Response to Comment 22-31.
Response to Comment 22-33:
Please refer to Response to Comment 22-31.
Response to Comment 22-34:
Please refer to Response to Comment 22-31.
Response to Comment 22-35:
Please refer to Response to Comment 22-31.
Response to Comment 22-36:
Please refer to Response to Comment 22-31.
Response to Comment 22-37:
Please refer to Response to Comment 22-31. It is standard practice for CEQA documents to reference
other CEQA documents that analyzed similar projects, such as the proposed dog park. Since the CEQA
analysis for the Beverly Hill's Dog Park, utilized scientific methods and accepted noise analysis
methodologies, the noise assumptions provided in the Beverly Hills Dog Park analysis provides a
reasonable estimate of the noise impacts from the proposed dog park. It should be noted that the dog
park noise at the nearest home was calculated based on the distance to the nearest Villa Balboa condo,
however as detailed above, the line -of -sight between the Villa Balboa condos and the proposed dog park
is blocked by the topography, as such the calculated dog park noise would actually be much lower at the
nearest homes than what was presented in Table 4-24 of the Draft IS/MND.
Response to Comment 22-38:
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Please refer to Response to Comment 22-4 and Response to Comment 22-31. Dog park size and design is
outside the scope of CEQA analysis; however, the City Council will consider public review comments in
their review of the Project and CEQA document.
Response to Comment 22-39:
Please refer to Response to Comment 22-4. Dog park size and design is outside the scope of CEQA
analysis; however, the City Council will consider public review comments in their review of the Project
and CEQA document.
Response to Comment 22-40:
Please refer to Response to Comment 22-4. Dog park size and design is outside the scope of CEQA
analysis; however, the City Council will consider public review comments in their review of the Project
and CEQA document.
Response to Comment 22-41:
Please refer to Response to Comment 22-31. The noise analysis utilized the most conservative attenuation
rate assumptions, which are based on flat ground. As detailed above, if topography is taken into account,
the dog park noise impacts at the nearest homes would be much lower than the 37 dB reported, since the
line -of -sight between the nearest homes at Villa Balboa is blocked by an approximately 20 foot elevation
grade difference, which would provide similar noise reduction as if there was a 20 foot high wall located
between the nearest homes and the proposed Dog Park.
Response to Comment 22-42:
Please refer to Response to Comment 22-31. The CEQA analysis analyzed impacts of increased noise
from the Project in addition to the ambient noise levels.
Response to Comment 22-43:
Please refer to Response to Comment 22-31.
Response to Comment 22-44:
Please refer to Response to Comment 22-5.
Response to Comment 22-45:
Please refer to Response to Comment 22-4. Dog park location selection is outside the scope of CEQA
analysis; however, the City Council will consider public review comments in their review of the Project
and CEQA document
Response to Comment 22-46:
Comment noted.
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Response to Comment 22-47:
The CalEEMod model results are provided in Appendix A for air quality emissions. In terms of traffic
impacts, there are no traffic trip rates in the Institute of Transportation Engineers (ITE) Manual for dog
parks. To determine the potential trips associated with a dog park, a comparison to a similar dog park in
Laguna Beach was reviewed. The dog park in Laguna Beach is 2.5 acres in size and generates 480 trips per
day. By comparison, the proposed 0.2-0.3 acre dog park would generate approximately 38 trips per day.
Per the City Traffic Phasing Ordinance, a traffic impact study is required when there are more than 300
trips per day generated by a project. Given the estimated trips, it was determined that there is less than
significant impact with the dog park portion of the Project.
Response to Comment 22-48:
The CEQA document addresses potential noise impacts and found that no significant impacts would
occur. Therefore, no noise monitoring is required for the proposed Project. Ongoing noise monitoring is
outside the scope of CEQA; however, City Council will consider public review comments in their review
of the Project and CEQA document.
Response to Comment 22-49:
Thank you for your comment; City Council will consider public review comments in their review of the
Project and CEQA document.
Response to Comment 22-50:
As noted in the Draft IS/MND, Section 4.16, the analysis does consider construction impacts at the edge
of Sunset View Park due to the bridge discussion. After construction of the proposed Project, the
expanded parking lot and pedestrian and bike bridge would provide increased connectivity by eliminating
the need to cross Superior Avenue via the existing at -grade crosswalk.
Response to Comment 22-51:
The City held community meetings with Villa Balboa and other local community groups to discuss the
proposed Project.
Response to Comment 22-52:
Park hours will be enforced per the Municipal Code.
Response to Comment 22-53:
Please refer to Response to Comment 22-6.
Response to Comment 22-54:
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Please refer to Response to Comment 22-6.
Response to Comment 22-55:
Please refer to Response to Comment 22-6. There are no traffic trip rates in the Institute of Transportation
Engineers (ITE) Manual for dog parks. To determine the potential trips associated with a dog park, a
comparison to a similar dog park in Laguna Beach was reviewed. The dog park in Laguna Beach is 2.5 acres
in size and generates 480 trips per day. By comparison, the proposed 0.2-0.3 acre dog park would generate
approximately 38 trips per day. Per the City Traffic Phasing Ordinance, a traffic impact study is required
when there are more than 300 trips per day generated by a project. Given the estimated trips, it was
determined that there is less than significant impact with the dog park portion of the Project.
Response to Comment 22-56:
Please refer to Response to Comment 22-4. The Draft IS/MND was prepared in accordance with CEQA to
analyze the proposed Project impacts to the environment. As described in the Draft IS/MND, Section 2.2
Project Purpose and Objectives, the Proposed Project aids in improving safety and access to Sunset Ridge
Park for pedestrians and bicyclists by eliminating the need to cross Superior Avenue via the existing at -
grade crosswalk. This is an improvement from the present conditions where pedestrians and bicyclists
typically cross the busy, major arterial roadways, West Coast Highway and Superior Avenue, to reach
Sunset Ridge Park.
Response to Comment 22-57:
Please refer to Response to Comment 22-7 and Response to Comment 22-21. This is outside the scope
of CEQA analysis for this Project, but your comment will be included for City Council's consideration.
Response to Comment 22-58:
Please refer to Response to Comment 22-4. The proposed Project is to analyze the environmental
impacts within the designated project area as identified in Figure 2-2 of the Draft IS/MND. This is outside
the scope of CEQA analysis for this Project, but your comment will be included for City Council's
consideration.
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Comment Letter #23 — California Department of Fish and Wildlife
COMMENT LETTER #23
State of California - Natural Resources icy GAVIN NEWSOM, Governor
DEPARTMENT OF FISH ANDWILDLIFE CHARLTON H. BONHAM, Director
South Coast Region '
3883 Ruffin Road
San Diego, CA 92123
(858)467-4201
www.wiIdlife.ca.00v
October 22, 2019
Mr. Andy Tran
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
atran(a)newportbeachca.gov
Subject: Comments on the Notice of Intent to Adopt a Mitigated Negative
Declaration for the Superior Avenue Pedestrian and Bicycle Bridge
Parking Lot Project, Newport Beach,CA (SCH#2019099074)
Dear Mr. Tran:
The California Department of Fish and Wildlife (Department) has reviewed the above
referenced Notice of Intent to Adopt a Mitigated Negative Declaration (MND) for the
Superior Avenue Pedestrian and Bicycle Bridge Parking Lot, dated September 2019.
The following statements and comments have been prepared pursuant to the
Department's authority as Trustee Agency with jurisdiction over natural resources
affected by the project (California Environmental Quality Act [CEQA] Guidelines §
15386) and pursuant to our authority as a Responsible Agency under CEQA Guidelines
section 15381 over those aspects of the proposed project that come under the purview
of the California Endangered Species Act (Fish and Game Code§ 2050 et seq.) and
Fish and Game Code section 1600 et seq. The Department also administers the Natural
Community Conservation Planning (NCCP) program. The City of Newport Beach (City)
is a participating landowner under the Central/Coastal Orange County NCCP/Habitat
Conservation Plan.
The project will construct a pedestrian and bicycle bridge over Superior Avenue,
connecting Sunset Ridge Park to a new asphalt parking lot located at the northeast
corner of West Coast Highway, as well as createa new larger parking lot and a fenced
dog park on 3.4 acres. Habitats observed on site include Artemisia californica
Eriogonum fasciculatum shrubland (0.01 acre), ornamental landscaping (1.19 acres),
disturbed/ruderal (1.16 acres), and developed area (1.09 acres). Protocol surveys for
coastal California gnatcatcher (Polioptila californica californica; Endangered Species
Act- listed threatened) were conducted.
We offer the following comments and recommendations to assist the City in avoiding or
minimizing potential project impacts on biological resources.
1. With regard to burrowing owl (Athene cunicularia; California Species of Special
Concern):The MND states that, "[d]ue to the level of disturbance in the area of the Comment
23-1
Conserving Ca[ifornia's Wi U[ fe Since 1870
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Mr. Andy Tran
City of Newport Beach
October 22, 2019
Page 2 of 5
proposed [p]roject and the high level of human activity directly adjacent to the
Artemisia califomica-Eriogonum fasciculatum shrubland, the sensitive wildlife
species with a potential to occur are not expected on the proposed project footprint;
therefore, no project impacts to the species are expected." (page 57) The Comment
Department disagrees that proximity to human activity is'a valid rationale for not 23-1
conducting burrowing owl surveys. Tolerance to disturbance and/or human activities Contd.
is highly variable amongst individual and pairs of burrowing owls. Some individuals
and/or pairs are highly adapted to heavily altered habitats such as golf courses,
airports, business complexes, and athletic fields (e.g., Sunset Ridge Park),
particularly if there is foraging habitat in proximity (Gervais et al 2008). We
recommend that the Biological Technical Report be amended to include protocol
surveys as described in the Department's 2012 Staff Report on Burrowing Owl
Mitigation.
2. The Biological Technical Report associated with the MND (Chambers Group 2019)
describes the disturbed/ruderal habitat within the project area as, "devoid of
vegetation due to recent disturbances," (page 15). The description of the native
Comment
plants that are found within the disturbed/ruderal polygon, in addition to the
23-2
polygon's placement within the project area (Biological Technical Report; Figure 4:
Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project Vegetation
Communities), the Department requests that the MND discuss in greater detail the
nature of the "recent disturbance" which occurred in this area; we also request
confirmation that the polygon in question was not mitigation for any previous project
impacts.
We appreciate the opportunity to comment on the draft MND for this project and to
assist the City in further minimizing and mitigating project impacts to biological
resources. The Department requests an opportunity to review and comment on any
response that the City has to our comments and to receive notification of the
forthcoming hearing date for the project (CEQA Guidelines; §15073(e)). If you have any
questions or comments regarding this letter, please contact Jennifer Turner at (858-467-
2717), or via email at Jennifer.turnerCa�wildlife.c.agov.
Sincerely,
Gail . Sevrens
Environmental Program Manager
cc: Christine Medak (U.S. Fish and Wildlife Service)
Scott Morgan (State Clearinghouse)
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Mr. Andy Tran
City of Newport Beach
October 22, 2019
Page 3 of5
CDFG (California Department of Fish and Game). 2012. Staff Report on Burrowing Owl
Mitigation. Sacramento, California, USA.
Gervais, J. A., D. K. Rosenberg, and L.A. Comrac.kBurrowing Owl (Athene
cunicularia) in Shuford, W.D. and T. Gardali, editors. 2008. California Bird Species of
Special Concern: A ranked assessment of species, subspecies, and distinct populations
of birds of immediate conservation concern in California. Studies of Western Birds 1.
Western Field Ornithologists, Camarillo, California, and California Department of Fish
and Game, Sacramento, California, USA.
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Response to Comment #23 — California Department of Fish and Wildlife
Response to Comment 23-1:
Thank you for your comment. The Biological Technical Report provides further information on why
burrowing owl are assumed to have a low potential to occur at the site. As noted in Section 4.3.1 of the
Biological Technical Report, "This species inhabits dry, open, native or non-native grasslands, deserts, and
other arid environments with low -growing and low-density vegetation. It may occupy golf courses,
cemeteries, road rights -of way, airstrips, abandoned buildings, irrigation ditches, and vacant lots with
holes or cracks suitable for use as burrows. Burrowing owls typically use burrows made by mammals such
as California ground squirrels (Spermophilus beecheyi), foxes, or badgers. When burrows are scarce, the
burrowing owl may use man-made structures such as openings beneath cement or asphalt pavement,
pipes, culverts, and nest boxes. Burrowing owls often are found within, under, or in close proximity to
man-made structures. Prey sources for this species include small rodents; arthropods such as spiders,
crickets, centipedes, and grasshoppers; smaller birds; amphibians; reptiles; and carrion. Threats to the
burrowing owl include loss of nesting burrows, habitat loss, and mortality from motor vehicles. Low
quality habitat occurs within the eastern portion of the proposed Project footprint; however, the
proposed Project site lacks connectivity to additional suitable habitat for this species. Therefore, this
species has a low potential to occur within the proposed Project footprint.
The low -quality habitat located within the proposed Project site is composed primarily of hard and
compact soils and lacked the soft soils preferred by burrowing owl. No burrows were observed, which are
typically utilized by this species. In addition, focused surveys for coastal California gnatcatcher were
conducted within the project footprint and included a 500 -foot buffer and no burrowing owl or signs of
burrowing owls were observed throughout the surveys.
Response to Comment 23-2:
The Biological Technical Report provides a general definition of "disturbed/ruderal" habitat as, "mostly
devoid of vegetation due to recent disturbances. The small amount of vegetation that begins to reclaim
the soil is dominated by non-native, weedy species that are adapted to frequent disturbances. Soils in
Disturbed/Ruderal areas are also typically characterized as heavily compacted." This is a general definition
and the "recent disturbances" discussion is not specific to the Project site. While the placement of fill
material that comprises the earthen mound and original associated heavy groundwork was performed in
1980's, persistent and ongoing lower levels of disturbance have created compaction and soil conditions
mostly suitable for weedy species.
The proposed Project site was not previously used as a mitigation site, nor would the proposed activities
impact any mitigation lands. As described in Section 4.4.1(f) of the Draft IS/MND, the proposed Project is
not located within an environmental study area and there are no potentially significant impacts
anticipated to the habitats or species that have the potential to occur. In addition, avoidance and
minimization efforts would result in direct and indirect impacts to be less than significant to habitats,
natural communities, and wildlife.
The location of the bridge abutment on the Sunset Ridge Park side of Superior Avenue is within a 5.15 -
acre CSS planting area that was required as a special condition of the Sunset Ridge Park CDP (Special
Condition 2.1.a). There may be some temporary construction impacts to this planting area, which will be
mitigated onsite (MM BIO -4), with the impacted area replanted equivalent to existing conditions.
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Permanent impacts due to abutment location and shading from the bridge is calculated to be 0.02 acres
(886 square feet). Permanent impacts to the CSS planting area will be mitigated offsite, but within Sunset
Ridge Park. This will be at a 1:1 ratio with the intent of continuing to comply with the Special Condition of
the Sunset Ridge Park CDP.
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Comment Letter #24 —California Department of Transportation
COMMENT LETTER #24
STATF OF QAI IFORNIA AI IF(1RNIA STATF TR ANSPORTATInN AQFNCY Gavin Newsom +OV m
DEPARTME4TOF TRANSPORTATTO N
DISTRICT 12
1750 EASTFOURTHSTREETSUffE100
SANTAANA, CA 92705
PHONE (657) 328-6310
FAX 657) 328-6510
TTY 711
www.dot.ca.gov
October 22, 2019
Mr. Andy Tran
City of Newport Beach
100 Civic CenterDrive
Newport Beach,CA 92660
Dear Mr. Tran,
c�1
Making Conservation
a California Way of Life.
File: IGR/CEQA
SCH#: 2019099074
IGR# 2019-01233
SRI
PM 20.37
Thank you for including the California Department of Transportation (Caltrans) in the
review of the Notice of Completion (NOC) fo r the Initial Study (IS)for the Superior
Avenue Pedestrian and Bicycle Bridge and Parking Lot Project in Newport Beach. The
mission of Caltrans istoprovide a safe, sustainable, integrated and efficient
transporta tion system to enhance California's economy and livability.
The City of Newport Beach (City) proposes the construction of a pedestrian and bicycle
bridge overt rossing Superior Avenue, a new larger parking lot with a range of 100 to
128 p arking spaces and a fenced dog park on an approximately 3.4 -acre site. The prop
osedbridge will connect Sunset Ridge Parkto the new asphalt parking lot located at
the northeast corner of West Coast Highway and Superior Avenue .
The p rop osedProject is located within the City of Newport Beach and is located
approximately 1,000 feet from the coastline. Currently, an existing City -owned parking
lot with 64 metered parking stalls is loc ated at the northea stcorner of this intersection.
The existin gSuperior Parking Lot is appro xima tely 0.64 acres, with the driveway to the
parking lot at approximately 0. 17 acres. Accesstofneexisting parking lot isavailable
via an en trance off Superior Avenue for vehicles, and viaaconcrete pathway from the
intersect i onof Superior Avenue and Pad fic Coast Highway (SRI)for pedestrians and
bicyclists. Directly east of the existing p arking lot isan undeveloped piece of land with
steep slopeswith ground elevations ranging from approxima tely 10 feet near SR1,to
ap proxi ma tely 75 feet near Sunset View Park. Properties and la nduses adjacent to the
Project site include Sunset Ridge Park, Sunset View Park, Villa Balboa and Newport Crest
resid enti al ccm mn ities, and thelower campus of Hoag Hospital. A shopping c enter
and the Lido Sands residential c ommunity are located to the south across SR1from the
Project site. SRI isowned and operated by Caltrans. Caltrans isaresponsible agency
and has the following comments:
"Provide a safe, sustainable, integrated and efficient transportation system to enhance California's economy and livability"
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Page2
1. In the Initial Study, Section 2.3.4 mention sthat construction will take 14-18 months Comment
for completion and it will avoid the fall and spring months. Please note that 24-1
temporary lane closure or signkantincrea sehconstruction traffic along Pacific
Coa stHighway between Memorial Day and Labor Day is not recommended.
2. In the Initial Study, Section 2.3.4also mentions that construction will occur during Comment
the daytime hours of 7am to 4:30pm. Please note that temporary closures on 24-2
Pad ficCoast Highway should only be between the hours of 9am to 3pm.
There is a Safety Improvement projec t by Caltrans (OQ830K) that proposes to
modify traffic signals and add safety lighting at the intersection of SRI and Sipe
riorAvenue. Caltrans' project may conflict with the City'sfuture Comment
improvement project at this intersection . Please contact Caltrans Project 24-3
Mana ger, Bob Bazargan at b ob.bazarga n@dot.ca.govor (657) 328-6298, in
or er to coordinate all project stages and development for the Superior Avenue
Pedestrian and Bicycle Bridge and Parking Lot Project.
Comment
1. Consid er including wayfinding signagefor pedestrians and bicyclists in the 24-4
projec t vicinity. Thiswill enc ourage the use of Active Transportation and improve
safety for Active Transportation users.
2. Consid e r providing secure bicycle storage on the project site, especially near Comment
Su ns et Ridge Par k. This will enc ourage visi t ors to utilize Active Transportation to 24-5
acc essthe site, thus improving air qua lity and reducing congestion.
3. Ensure that the project will be accessible to ADA -reliant visitors. In the subsequent
phase s, consider discussing how ADA -re Iia nt users will access the proposed
parking lot from the intersection of Superior Avenue and West Coast Highway. Comment
Pro vid ing ADA -compliant accessibi lity will ensure that all visitors, regardless of 24-6
ability, will have access to the site and its services, as well as access to the
coastal zone.
4. There are existing pedest rian, bicycle, and transit facilities near or adjacent to
the site, including regionally signifi cant trails and corridors like the Santa Ana
River Trail, Banning Channel Bikeway, , and Pacific Coast Highway. During Comment
c onstruct ion, Caltrans rec omm ends that appropriate detours and safety 24-7
measure sareinplace that prioritize the mobility, access, and safety of bic yclists, p
ed estrians, and transit users. If sidewalks, bike lanes, or transit stops need to be
"Provide a safe, sustainabl,eintegrated and efficient transportation system
to enhance Cardbmias economy and WaNky"
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I
City of Newport Beach
October 22, 2019
Page3
Comment
24-7
close dduring construction, please ensure that closures and detours are clearly Contd.
sig ►red
5. Sh o Lid any existing bike lanes be closed during construction, we recommend th
use of "May Use Full Lane" (NU TCD R4--11) signage rather than "Share the Fbn-d Comment
" (WI 6-1P) signage to more clearly indicate to both drivers and bicyclists th t 24-8
bicyclists may ride in the center of the travel lane while the bike lane is
do
PemIGS:
• [.
An project work proposed in the vicinity of the State right of way will require an
en roachment permit, and all environmental concerns must be adequately
adtlressed. Please coordinate with Caltrans in order to meet the requirements for
an work within or near State Right -of -Way. Afee may apply. If the cost of work w
in the State right of way is below one Million Dollars, the Encroachment
Pe mit process will be handled by our Permits Branch; otherwise the permit Comment
shou Id beauthorized through the Caltrans's Project Development Department. W 24-9
en applying for Encroachment Permit, please incorporate all Environmental Doc
umentation, SWPPP/WPCP, NPDES, Hydraulic Calculations, R/W certification an
all relevant design details including design exception approvals. For specific
de ails for Encroachment Permits p roc edure, please refer to the Caltrans's
Enroachment Permits Manual. The late stedition of the Manual isavailable on
the web site: http://www.dot.ca.gov/hg/traffops/developsery/permits/
I
Please c onti nue to coordinate with Caltrans for ony future developments that could
potential! impact State transp orta tion facilities. If you have any questions, please do
not hesit Vlocontact Julie Lugaro at 657-328-6368 or Julie. lugaroCc�dot.ca.gov.
Sincerely,
H�%
Scott She ey
Branch C ief, Regional-IGR-Transit Planning
District 12
Provide a safe, sustainable, integrated and;l8cient transportation system
to enhance Califomiaiis economy and livability"
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Response to Comment #24 — California Department of Transportation
Response to Comment 24-1:
Thank you for your comment; this comment has been noted. The City will limit lane closures from
Memorial Day to Labor Day.
Response to Comment 24-2:
If a lane needs to be closed on Pacific Coast Highway it will be closed only between gam and 3pm.
Response to Comment 24-3:
Thank you for this information, the City will coordinate with Bob Bazarga.
Response to Comment 24-4:
Wayfinding signs will be considered by the City.
Response to Comment 24-5:
The City currently has bike racks at Sunset Ridge Park; in addition, as part of the project a bike node with
fix -it station will be installed.
Response to Comment 24-6:
All proposed improvements will be ADA compliant.
Response to Comment 24-7:
Appropriate detours and safety measures will be in place during construction.
Response to Comment 24-8:
The City concurs and will provide signage as suggested.
Response to Comment 24-9
Comment noted; appropriate State permitting will be coordinated prior to Project construction.
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Comment Letter #25 —Michael Call
COMMENT LETTER #25
Andy Tran, P. E.
Senior Civil Engineer
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Phone: 949-644-3315
October 19, 2019
Michael Call
Cell (714) 791-1102
210 Lille Lane 208
Newport Beach, CA 93663
onecall4alll@verivon.net
There are 4 total pages.
The following questions are unless otherwise indicated in reference to the proposed dog park included
in the Lower Sunset View Park Conceptual Design located in Newport Beach California and the word
"City" refers to the City of Newport Beach. When there is a reference to "the report" this means any
reports or documentation produced by the City includingthe Mitigation Negative Declaration and any
other environmental documentation provided by the City.
Your timely response to these questions is requested so as to provide adequate time for follow up
questions and/or responses.
1. Very specifically describe the public demand by any individual or group for dog parks?
A. In Newport Beach?
B. In west Newport Beach? Comment
C. At the specific location cited in the Sunset View Park proposal? 25-1
D. How were these specific demands made and recorded?
E. Has there been any survey of nearby residents or current visitors to Sunset View Park?
2.Is the proposed dog park in some way to provide an alternative to the illicit dog park located in and I Comment
alongside of the Santa Ana river? 25-2
3.Is the proposed dog park being considered an alternative to the enforcement of the present leash I Comment
laws? 25-3
4. Are there any statistics for?
A. The number of persons that reside in Newport Beach that use dog parks? Comment
B. The number of injuries to dogs and humans at the existing dog park? 25-4
1
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C. The numbers of individual dogs and humans that have contracted a disease or a parasite at the
Comment
existing dog park?
25-4
Balboa Community?
Comment
S.Have the contributors to the Environmental Study demonstrated expertise in the size and structure of
25-5
the Dog Park?
25-13
6.Can the contributor's site studies from the scientific literature which discuss the volume of noise fromI Comment
given projected numbers of barking dogs concentration in given spaces? 25-6
7.What expertise do the contributors have as to dog park design in general and specifically to space Comment
requirements as it relates to safety of the dogs and human users? 1 25-7
8. What is the minimum safe dog park size? Comment
A. What studies did the contributors rely on to make this conclusion? 25-8
B. How does park size effect dog crowd behavior?
9.Why is it the environmental report does not recommend safe guards for overcrowding and proper Comment
separation distances for extremely small parks of this size? 25-9
10.What guarantees and enforceable promises are there that the staff, designers and/or engineers will Comment
not increase size of the dog park without further review or public comment? 1 25-10
12.What are the assumptions and/or the methods used for the standard attenuation rate, given the Comment
topography and atmospheric conditions at the site? 1 25-11
13. Are there any studies of the effect of the removal of the mound of dirt?
A. Would the removal of the mound of dirt cause an increase of noise at the park and at in the Villa
Comment
Balboa Community?
25-12
14. Is the City staff aware, as cited in the environmental study, at the proposed location of the dog park,
Comment
the sound levels are already in excess to the City's existing permissible levels?
25-13
Comment
15. Will the City proposal for the dog park likely magnify the noise level with its present design?
25-14
16.Will the City be taking this opportunity to mitigate the noise levels that have already been
Comment
determined to be in excessive by the Cities environmental report?
25-15
17.1s the City aware that almost all other dog parks are on commercial or industrial cites NOT
immediately adjacent to (and as importantly accessible to) a densely populated residential community Comment
on highly valuable land long treasured for other uses? 25-16
18.Why is there no discussion of the health hazards of a critical care hospital in close proximity to the
proposed dog park?
A. Why is there no discussion in the report of the constant use of the existing parks walkway by Hoag
Hospital doctors, nurses, technicians, administrators often wearing their scrubs and patients as a Comment
probable transportation of pest and infectious diseases to this critical care hospital and even directly to 25-17
patients with compromise immune systems?
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19. Why does the report not address the fact that the proposed dog park will disrupt existing
recreational activities?
A.Why does the report not discuss the interference of the proposed dog park with the present terrain
and continuity of park and recreation from Sunset Ridge Park on the west all the way to Hoag Hospital
on the east? Comment
B.Many individuals enjoy the view the Huntington Beach Air Show and celebrate Independence Day by 25-18
watching the fireworks all along the coast from Huntington Beach all the way to Laguna Beach from our
favorite park. People enjoy the view and serene environment most every evening of the year. Why does
the report not discuss the present natural and cultural resources and recreational usage includes all the
citizens of Newport Beach and surrounding communities' visiting the park?
20. Is the City aware that the Villa Balboa Community, the predominate nearby community, is now and
has always been a no dog development?
A. Is the City aware that the original CCRs which are still in effect prohibit dogs in the Villa Balboa
development?
B.Is the City aware that the Villa Balboa association as obtained an attorney's letter statingthe Comment
opposition to the proposed dog park?
25-19
C.Has it been considered that the current quite enjoyment by humans (including hopefully compliant dog
owners with their dogs) does not diminish the enjoyment of this unique and widely used location by
others?
21. Why does the report not discuss the negative impact on property values caused by the loss of the
quiet enjoyment of nearby homeowners?
A.Why does the report not have any proximity study of the impact of the lack of substantial buffers to Comment
significant residential communities? 25-20
B.Why does the report not discuss or study the impact of a dog park being super -imposed on the highly
valued ocean view home in direct proximity?
22. Why does the report not compare and contrast other uses to determine the highest and best use?
A.Why does the report not analyze the highest and best use for the public good comparing a dog park
Comment
to alternative recreational activities at the property like workout trails and courses? 25-21
B.Why does the report no explore completing the View Park to enhance the viewing experience for
visitors?
23.Why does the report not explore or discuss the overburden and abusive allocation of services in
Comment
west Newport Beach as exampled by the: 1. New Homeless Shelter and SOS Kitchen, 2. PCH Noise, 3. 25-22
Illegal Dog Beach, 4. Nightly Police helicopter flyovers?
24.Why does the report not explore or discuss the overburden and abusive allocation of services on the
Villa Balboa Community as exampled by the: 1. Cogent Plant presently out of compliance noise, plums of
gases and negative effect on homeowner views and the continuing cost of damages to the exterior of the Comment
Villa Balboa Structures, 2. Hoag future campus expansion, 3. Ambulance noise, 4. Nighttime
25-23
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required helicopter flights overhead to meet the contractual fly overtime, 5. Superior Bridge Comment
(Prospective) and 6. Expanded Adjacent Parking (Prospective)? 25-23
Contd.
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Response To Comment Letter #25 — Michael Call
Response to Comment 25-1:
Thank you for your comment.
The City held community meetings with Villa Balboa and other local neighborhood groups to discuss the
proposed Project.
The purpose of the proposed Project is a construction of a pedestrian and bicycle bridge overcrossing
Superior Avenue that would connect Sunset Ridge Park to the Superior Parking Lot at the intersection of
West Coast Highway and Superior Avenue.
The objectives of the project are:
• To improve safety and access to Sunset Ridge Park for pedestrians and bicyclists by eliminating
the need to cross Superior Avenue via the existing at -grade crosswalk.
• To provide additional parking spaces to better serve both passive uses and organized sporting
events (mostly youth) at Sunset Ridge Park in an area where parking is limited.
• To reduce traffic signal wait times by shifting pedestrian and bicycle traffic from the at -grade
crosswalk to the bridge.
• To expand recreational options in this part of the City by developing a small dog park just below
Sunset View Park, adjacent to the expanded parking lot.
Response to Comment 25-2:
Please refer to response to Comment 25-1. This is outside the scope of CECIA analysis, however your
comment is included for City Council's consideration.
Response to Comment 25-3:
Please refer to response to Comment 25-2.
Signage will be included that off -leash dogs must remain within the dog park area. As outlined in the
City's Municipal Code Chapter 7.04.020: "No person having the care, charge or control of any dog shall
cause or allow, either willfully or through failure to exercise due care or control, such dog to be present
upon any beach, street, alley, or public place, or upon any private property or premises other than his or
her own without written consent of the owner or lessee of such land unless such dog is securely restrained
by a substantial leash or chain not exceeding six feet in length and controlled by a person competent to
restrain such dog. This section shall not be construed as allowing dogs on leashes in the areas from which
dogs are prohibited as designated by Sections 7.04.025, 7.04.030, and 7.04.050. (Ord. 89-8 § 1, 1989: Ord.
1230 § 1, 1967: Ord. 796 (part), 1956: 1949 Code § 4107)." Park users shall comply with the City's code
for use of dog restraints in public places.
Response to Comment 25-4:
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Please refer to Response to Comment 25-1. Design of the size and structure of the dog park is outside the
scope of CEQA analysis, however this comment is included for City Council's consideration.
Response to Comment 25-5:
Please refer to response to Comment 25-1; this is outside the scope of CEQA analysis for this Project, but
your comment will be included for City Council's consideration.
Response to Comment 25-6:
The noise analysis of the proposed Dog Park utilized published data of the noise level measured at an
existing dog park.
As described in the Draft IS/MND, Section 4.13.2 Impact a) the noise from the proposed dog park, from
both dogs barking and dog -owners talking, would be well below (at least 30 dB below) ambient noise
levels. Noise is only additive if the noise source is within 10 d6 of ambient noise levels. Since noise from
the proposed dog park would be at least 30 dB below ambient noise levels, it would not provide a
quantitative contribution to existing ambient noise levels and will not be discernible at the nearby homes.
A noise study was conducted for the Proposed Project to compare noise levels for similar activities at
other comparable facilities; and these noise measurements are presented in detail in Table 4-24 of the
Draft IS/MND. Additionally, according to the CalEEMod model run, the proposed Project is anticipated to
generate nine or fewer additional daily trips above current conditions, which would have a negligible
impact to the nearby roadway noise levels. Therefore, it has been determined that the noise levels
generated at the dog park would be within the City's exterior daytime and nighttime residential noise
standards. The Proposed Project would not result in a significant impact to the nearest homes in the
vicinity of the Project.
Response to Comment 25-7:
Dog park design is outside the scope of CEQA analysis; however, the City Council will consider public
review comments in their review of the Project and CEQA document.
Response to Comment 25-8:
Please refer to Response to Comment 25-1; dog park design and crowd behavior are outside the scope
of CEQA analysis for this Project, but your comment will be included for City Council's consideration.
Response to Comment 25-9:
Thank you for your comment; dog park design is outside the scope of CEQA analysis for this Project, but
your comment will be included for City Council's consideration.
Response to Comment 25-10:
According to CEQA Guidelines Section 15088.5 and 15162, if there are substantial changes to an approved
Project that could result insignificant impacts, additional CEQA documentation would be required.
Response to Comment 25-11:
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Thank you for your comment. The noise measurement locations were selected in order to obtain the
ambient noise measurements at the locations that would experience the greatest noise increase from
construction and/or operation of the proposed Project. No noise measurements were taken in the vicinity
of the Villa Balboa Condos, since the grade is relatively flat in the Sunset View Park area that covers the
nearest 200 feet to the Villa Balboa Condos and then there is a steep slope to the Project site. The
southwest edge of Sunset View Park will block the line -of -sight between the proposed Dog Park and the
Villa Balboa Condos. In fact the proposed dog park will be located more than 20 feet lower than the
elevation at Sunset View Park. Since sound travels in straight lines, the southwest edge of Sunset View
Park will effectively act like a 20 foot high sound wall between the proposed dog park and the condos. As
such, only nominal construction noise impacts are anticipated to occur from the proposed project at the
Villa Balboa Condos and no operational noise impacts from the proposed dog park or any other noise
sources are anticipated to occur at the Villa Balboa Condos.
The noise analysis utilized the most conservative attenuation rate assumptions, which are based on flat
ground. As detailed above, if topography is taken into account, the dog park noise impacts at the nearest
homes would be much lower than the 37 dB reported, since the line -of -sight between the nearest homes
at Villa Balboa is blocked by an approximately 20 foot elevation grade difference, which would provide
similar noise reduction as if there was a 20 foot high wall located between the nearest homes and the
proposed dog park.
Response to Comment 25-12:
See Response to Comment 25-11.
Response to Comment 25-13:
The City of Newport Beach Municipal Code does not provide any noise standards for public parks. As
such, the existing noise level at the proposed Dog Park does not violate the City's noise standards. The
CEQA analysis analyzed impacts of increased noise from the Project in addition to the ambient noise levels.
As described in the Draft IS/MND, Section 4.13.2 Impact a) the noise from the proposed dog park, from
both dogs barking and dog -owners talking, would be well below (at least 30 dB below) ambient noise
levels. Noise is only additive if the noise source is within 10 dB of ambient noise levels. Since noise from
the proposed dog park would be at least 30 dB below ambient noise levels, it would not provide a
quantitative contribution to existing ambient noise levels and will not be discernible at the nearby homes.
A noise study was conducted for the Proposed Project to compare noise levels for similar activities at
other comparable facilities; and these noise measurements are presented in detail in Table 4-24 of the
Draft IS/MND. Additionally, according to the CalEEMod model run, the proposed Project is anticipated to
generate nine or fewer additional daily trips above current conditions, which would have a negligible
impact to the nearby roadway noise levels. Therefore, it has been determined that the noise levels
generated at the dog park would be within the City's exterior daytime and nighttime residential noise
standards.
Response to Comment 25-14:
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Please refer to response to Comment 25-13. The proposed design of excavating the location for the
proposed dog park and lowering the elevation by approximately 20 feet will provide additional sound
reduction for the nearest homes located to the northeast of the proposed dog park.
Response to Comment 25-15:
Please refer to response to Comment 25-13. The Proposed Project would not result in a significant impact
to the nearest homes in the vicinity of the Project. The residential exterior noise standards provided in
the Municipal Code only apply to non -transportation noise sources. As such, there is no evidence
provided in the Draft IS/MND that shows that any of the nearby homes currently exceed the City's
residential exterior noise standards. The CEQA analysis analyzed impacts of increased noise from the
Project in addition to the ambient noise levels.
Response to Comment 25-16:
Dog park design is outside the scope of CEQA analysis; however, the City Council will consider public
review comments in their review of the Project and CEQA document.
Response to Comment 25-17:
The Draft IS/MND focuses on the impacts of the proposed Project to the existing environment. As
described in the Draft IS/MND, Section 4.3.3 Impact d) a regular maintenance schedule, including proper
handling and removal of pet waste will be established to prevent accumulation of dog waste at the park
thus preventing the generation of odor. Additionally, as part of the design, the dog park would include
conveniently -sited waste receptacles away from residences, and provision of waste bags for owners' use.
In addition, with the use of synthetic turf specifically designed for dog parks, the ease of cleaning and
maintenance is increased.
The appropriate disposal of dog waste onsite would minimize odors perceptible to people. Pursuant to
Section 7.20.020 of the City of Newport Beach Municipal Code, it is unlawful for a person in charge of any
animal "to permit such animal to defecate and to allow the feces to thereafter remain on any public
sidewalk, public beach or park or on any other public property or on any private property other than that
of the owner..." The Project's provision and maintenance of bags for the disposal of dog waste and of
trash receptacles at the dog park would facilitate compliance with Municipal Code Section 7.20.020.
Potential infectious diseases from pests is outside the scope of CEQA analysis for this Project, but your
comment will be included for City Council's consideration.
Response to Comment 25-18:
The purpose of the proposed Project is a construction of a pedestrian and bicycle bridge overcrossing
Superior Avenue that would connect Sunset Ridge Park to the Superior Parking Lot at the intersection of
West Coast Highway and Superior Avenue.
The objectives of the project are:
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• To improve safety and access to Sunset Ridge Park for pedestrians and bicyclists by eliminating
the need to cross Superior Avenue via the existing at -grade crosswalk.
• To provide additional parking spaces to better serve both passive uses and organized sporting
events (mostly youth) at Sunset Ridge Park in an area where parking is limited.
• To reduce traffic signal wait times by shifting pedestrian and bicycle traffic from the at -grade
crosswalk to the bridge.
• To expand recreational options in this part of the City by developing a small dog park just below
Sunset View Park, adjacent to the expanded parking lot.
The proposed Project would not obstruct the views of the coastal area, or views from Sunset View Park.
Views of the coastline from Sunset View Park will be unaffected.
Response to Comment 25-19:
The City held community meetings with Villa Balboa and other local neighborhood groups to discuss the
proposed Project.
Please refer to Response in Comment 25-7.
Response to Comment 25-20:
Please refer to Response to Comment 25-7. Property values are outside the scope of CEQA analysis,
however your comment will be included for City Council's consideration.
The proposed dog park will be approximately 50 feet downslope of Sunset View Park, and approximately
100 feet to the southwest of Sunset View Park. Response to Comment 25-21:
Please refer to the Response to Comment 25-2. The purpose of CEQA is to analyze a proposed project's
impact on the environment.
Response to Comment 25-22:
Please referto Response to Comment 25-11 and Response to Comment 25-13. The Draft IS/MND analyzed
the proposed Project's impacts in addition to existing ambient conditions. However, the new homeless
shelter, SOS kitchen, and illegal dog beach are outside the scope of the Project; however, this comment
will be considered by City Council in their review.
Response to Comment 25-23:
Please refer to Response to Comment 25-18. In order to determine the existing noise environment, 24-
hour noise measurements were taken in the project vicinity. Noise Measurement Site 3 was located as
near as 250 feet from the Villa Balboa condos and captured all large scale noise sources and would have
captured any noise created from ambulances and helicopters that operated in the Project vicinity. The
Hoag Hospital Cogen Plant and future Hoag Hospital campus expansion are outside the scope of this
project; however, this comment will be considered by City Council in their review of the Project and CEQA
document.
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Comment Letter#26—Sandy Frizzell
COMMENT LETTER #26
October 18, 2019
Newport Beach City Council
100 Civic Center Dr.
Newport Beach, CA 92660
Re: Follow-up Proposed Dog Park at Sunset View Park
To Whom It May Concern,
Thank you for having the meeting Tuesday, Oct. 15 with those concerned about the proposed Dog Park
at Sunset View Park. Many could not attend because of the venue and other issues. We appreciate each
of you taking your time, providing valuable information; and listening and responding to our concerns
Comment
and thoughts. As was abundantly clear, we do not want a dog park in lower Sunset View 26-1
Park or anything else other than additional parking. Parking is very much needed for Sunset Ridge
Park and parking in general for beach access.
It was brought up at the meeting that the dirt mound is a place where visitors
and residents alike go to enjoy the fabulous views. I have dozens of pictures of
people enjoying the magnificent views from this dirt mound. We urge you to Comment
consider enhancing it with a sturdy grass or ground covering to increase 26-2
enjoyment of this special area.
In regard to the bridge, it seems a good idea, rather extravagant but with the added parking
helpful to get people safely across the street to Sunset Ridge Park. I think it is important to keep Comment
the bridge the lowest profile possible in style and color. I much prefer the Concrete Pedestrian 26-3
Bridge as apposed to the Steel Truss.
What is most important is preserving; the dirt mound for residents and visitors Comment
to continue to enjoy the incredible views. Please do not take this away. 26-4
Sandy Frizzell (Villa Balboa resident)
200 Paris Lane #214
Newport Beach, CA 92663
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Response To Comment Letter #26 — Sandy Frizzell
Response to Comment 26-1:
Thank you for your comment. Comment noted.
Response to Comment 26-2:
The City of Newport Beach General Plan designates public viewpoints for coastal views within the city.
Areas near the Project site that have such designation include Sunset Ridge Park, Sunset View Park, and
along the trail above the current parking lot, including the designated point where a bench was installed.
The City's Local Coastal Plan also designates the same public view points in the designated parks and along
the paved trail that fronts the Villa Balboa Community. Further, the bridge associated with the Project will
provide safer unobstructed views of the coast.
Response to Comment 26-3:
The bridge options associated with the proposed Project were designed specifically to protect view lines
and prevent visual obstruction of valuable coastal views.
Response to Comment 26-4:
Please refer to Response to Comment 26-2. Comment noted.
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Comment Letter #27 — Doul; Tamkin
COMMENT LETTER #27
From: Doug Tamkin <dtamkin@artivation.com>
Sent: Wednesday, October 23, 2019 10:07 AM
To: Tran, Andy
Subject: Dog Park Initial Study Comments
Attachments: BH Dog Park.JPG
Dear Mr. Tran,
The Draft Initial Study for the proposed dog park at lower Sunset View Park admits that it obtained its
dog park noise data from the study that Beverly Hills did for their dog park. This "Draft Initial Study -
Mitigated Negative Declaration City of Beverly Hills Dog Park Project" reveals that its author, Rincon
Consultants, Inc., took its noise measurements at a "comparable off -leash dog park in Santa Barbara,
California." So we have Newport Beach borrowing its assumptions from Beverly Hills, which based its
assumptions on a dog park (at Tucker's Grove Park) in Santa Barbara. The six nearest residences to that
Santa Barbara dog park range in distance from 150 feet to 300 feet, but are single-family homes that are
shielded by abundant mature tree growth between them and the park. Of most concern, however, is
that Newport Beach's assumptions are in essence only theoretical projections of how the noise from Comment
barking dogs is predicted to combine with ambient noise levels. A real-world noise study has yet to be 27-1
conducted by NB that takes into account the actual perceptual impact the noise from the dog park will
have on the residents adjacentto this unique location. Most of the data and conclusions compiled by all
of these reports, including that of Newport Beach, appear to focus primarily on the impact of
construction -related noise during a project's development, but then become more speculative with
respect to the project's actual use. They fail to acknowledge the annoyance of, for example, barking
dogs on a Sunday morning. Furthermore, ambient background noise levels are not constant, and
frequently diminish enough for transient sounds, i.e.
barking, to become prominent.
The Beverly Hills dog park is surrounded almost completely by buildings that are commercial in nature,
including an auto dealership, a city vehicle and facility maintenance center, an animal shelter/hospital
and other businesses. The nearest residences are no closer than 650 feet from the dog park. All of this is
on level ground, and the commercial buildings create a sound -blocking shield around the dog park that
protects the residences from line -of -sight sound transmission. The only line -of -sight path is northward
along Foothill Rd., but the very few homes at the end of that path are in excess of 700 feet away and are
across heavily -traveled Santa Monica Blvd. This situation is hardly analogous the proposed location at Comment
lower Sunset View Park. The uphill location of the facing residences at Villa Balboa presents numerous 27-2
unimpeded, line -of -sight opportunities for nuisance noise to be experienced by a large number of
people. It will not be fair to these residents if their peace and quiet is ultimately compromised by
assumptions drawn from a borrowed report on a very dissimilar set of specifics. At the very least,
Newport Beach needs to devise their own testing methodology that attempts to replicate the actual
conditions of the proposed site.
(Attached is an image from Google Maps depicting the above-described line -of -sight sound path at
Beverly Hills Dog Park.)
Respectfully,
DouglasTamkin
Villa Balboa
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Response to Comment Letter #27 — Doug Tamkin
Response to Comment 27-1:
Thank you for your comment. The noise measurement locations were selected in order to obtain the
ambient noise measurements at the locations that would experience the greatest noise increase from
construction and/or operation of the proposed Project. No noise measurements were taken in the vicinity
of the Villa Balboa Condos, since the grade is relatively flat in the Sunset View Park area that covers the
nearest 200 feet to the Villa Balboa Condos and then there is a steep slope to the Project site. The
southwest edge of Sunset View Park will block the line -of -sight between the proposed Dog Park and the
Villa Balboa Condos. The proposed dog park will be located more than 20 feet lower than the elevation
at Sunset View Park. Since sound travels in straight lines, the southwest edge of Sunset View Park will
effectively act like a 20 foot high sound wall between the proposed dog park and the condos. As such,
only nominal construction noise impacts are anticipated to occur from the proposed project at the Villa
Balboa Condos and no operational noise impacts from the proposed dog park or any other noise sources
are anticipated to occur at the Villa Balboa Condos.
Response to Comment 27-2:
It is standard practice for CEQA documents to reference other CEQA documents that analyzed similar
projects, such as the proposed dog park. Since the CEQA analysis for the Beverly Hill's Dog Park, utilized
scientific methods and accepted noise analysis methodologies, the noise assumptions provided in the
Beverly Hills Dog Park analysis provides a reasonable estimate of the noise impacts from the proposed
dog park. It should be noted that the dog park noise at the nearest home was calculated based on the
distance to the nearest Villa Balboa condo, however as detailed above, the line -of -sight between the Villa
Balboa condos and the proposed dog park is blocked by the topography, as such the calculated dog park
noise would actually be much lower at the nearest homes than what was presented in Table 4-24 of the
Draft IS/MND.
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SECTION 6.0 — REVISIONS TO THE DRAFT MITIGATED NEGATIVE DECLARATION
This errata section identifies changes made to the Draft MND to correct or clarify the information
contained in the document. Changes made to the Draft MND are identified here in StFikeaut text to
indicate deletions and bold italics to signify additions.
Section 2.3.3, Dog Park
Construction of the proposed Project would also include the installation of a fenced dog park with 6 -foot
tall fences, separating large and small dogs, which may include benches and trash cans. The dog park will
be 0.2 to 0.3 acres in size. The dog park would require a new water service for the water fountain and for
irrigation. Security lighting at the dog park would be down -shielded to prevent light scatter. Hours at the
dog park would be consistent with the Municipal Code which restricts park hours to between 6:00 a.m.
and 11:00 p.m. In addition, a shade structure may be installed at the dog park, approximately 10 to 15
feet in height. The top of the shade structure would be below the Sunset View Park ground elevation and
would be designed to protect public coastal views.
Based on comments received during the public review period for the Proposed Project, the City has
developed some alternative designs for the dog park including the following:
Option 1: Providing a passive recreation area adjacent to the parking lot, with similar
earthwork and grading to the proposed Project. This alternative proposes a level area with
natural turf adjacent to the parking lot. The 2:1 sloped area between the turf and upper
Sunset View Park will be landscaped. The proposed fencing and shade structure and artificial
turf included in the Dog Park alternative would also be eliminated with Option 1.
Option 2: Providing a passive recreation area adjacent to upper level Sunset View Park that
involves constructing terraced walls at the edge of the proposed parking location order to
create a level, natural grass area adjacent to Upper Sunset View Park. The terraced areas in
front of the walls would be sloped and landscaped. The proposed grass area will be an
extension of Upper Sunset View Park and would be accessed from the existing walkway. This
alternative requires less grading and earthwork than the proposed Project and Option 1, and
reduces the amount of soil export.
These alternatives concept designs are only for the recreational area element and will not impact the
proposed conceptual design of the pedestrian and bicycle bridge or the parking lot, Section 4.1,
Aesthetics
a) Would the project have a substantial adverse effect on a scenic vista?
Less than Significant Impact. The proposed Project is construction of a bicycle and pedestrian bridge,
new asphalt parking lot, and fenced dog park. The proposed bridge will span Superior Avenue from
east to west by approximately 240 to 280 feet long, and 12 to 16 feet wide. The superstructure will
be approximately 8 to 16 feet tall. The bottom of the superstructure will be approximately 17 to 25
feet above the asphalt surface of Superior Avenue. Depending on the structure type selection, the
bridge may either be a single -span structure or a 3 -span structure. Two intermediate bridge supports
on Superior Avenue will be required if a 3 -span structure is selected. The dog park may include a shade
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structure 10 to 15 feet in height and would be designed to protect public coastal views. Alternatively,
if the City chooses to move forward with an option that keeps the knoll in place, a 20 foot high
retaining wall would be required to support the new parking lot and existing knoll. This 20 foot high
retaining wall will introduce a taller wall than was planned for the Proposed Project (an 8 -foot tall
retaining wall). Although the higher retaining wall would introduce a larger man-made structure to
the Project site, the introduction of retaining walls is largely consistent with the viewshed, which
already contains views of the build environment. The City of Newport Beach provides a variety of
coastal and scenic viewpoints. These views include open waters, sandy beaches, rocky shores,
wetlands, canyons, and coastal bluffs. Because of the grid -like pattern of the streets and highways,
coastal views can be seen in these areas, especially for north -south tending streets (City of Newport
Beach 2017a). According to the City's General Plan, Coastal Land Use Plan, and Local Coastal Program,
public viewpoints have been identified on southern end of Sunset Ridge Park along West Coast
Highway (also known as State Route 1 or Pacific Coast Highway) and the northern perimeter of the
proposed parking lot. Superior Avenue is also identified as a Coastal View Road (City of Newport Beach
2006). Policy 4.4.1-6 from the Local Coastal Program states that public coastal views must be
protected from several roadway segments within the City of Newport Beach. This includes the
roadway segment of Superior Avenue from Hospital Road to Coast Highway (City of Newport Beach
2017a).
Section 4.3, Air Quality
d) Would the project result in other emissions (such as those leading to odors adversely affecting a
substantial number of people?)
Less than Significant Impact. Any diesel equipment used during construction of the proposed Project
would consist of mobile equipment that would be changing locations, allowing the odors to disperse
rapidly and not impact any nearby receptors. Should diesel equipment be required during
maintenance at the proposed Project site, it would also change locations, allowing the odors to
disperse rapidly and not impact any nearby receptors. Construction and operation of the proposed
dog park could result in accumulation of pet waste; however, a regular maintenance schedule will
ensure proper handling and removal of pet waste such that objectionable odors will not be allowed
to accumulate. Similarly, as part of the dog park design, waste receptacles and bags will be provided
for owners' use in maintaining the dog park. Use of bags to contain pet waste limit odors from
penetrating beyond the boundaries of the dog park. Further, waste receptacles will be sited to avoid
locations closestto residences, while maintaining convenient locations for dog park users. In addition,
the proposed dog park would include eal synthetic turf specifically designed for dog parks, that
would be wateFed daily irrigated, and the regular watering and the ^ of the to 4
would quickly break down any waste remnants including urine that would limit any remaining odors
from penetrating the boundaries of the dog park. The Project site would not introduce any other
objectionable odors. Therefore, construction and operation of the proposed Project would not create
objectionable odors affecting a substantial number of people, and impacts would be less than
significant.
Section 4.4, Biological Resources
The location of the bridge abutment on the Sunset Ridge Park side of Superior Avenue is within a
5.15 -acre CSS planting area that was required as a special condition of the Sunset Ridge Park CDP
(Special Condition 2.1.a). There may be some temporary construction impacts to this planting area,
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which will be mitigated onsite (MM B10-4), with the impacted area replanted equivalent to existing
conditions. Permanent impacts due to abutment location and shading from the bridge is calculated
to be 0.02 acres (886 square feet). Permanent impacts to the CSS planting area will be mitigated
offsite, but within Sunset Ridge Park. This will be at a 1:1 ratio with the intent of continuing to
comply with the Special Condition of the Sunset Ridge Park CDP.
Mitigation measures for direct impacts that may occur to sensitive plant species that may be present
within the proposed Project footprint are listed below.
MM 13I0-4: Artemisia californica-Eriogonum fasciculatum Shrubland located within the proposed
Project footprint should be avoided to the greatest extent feasible.
o Artemisia californica-Eriogonum fasciculatum Shrubland located within the proposed
Project footprint, that may be avoided, shall be flagged or construction or silt fencing
should be installed along the avoidable vegetation to delineate construction limits and
to prevent encroachment into adjacent natural communities.
o Any impacts to Artemisia californica-Eriogonum fasciculatum Shrubland which cannot
be avoided will be mitigated through one of the following, in order of priority:
■ Onsite Mitigation: Any temporary impacts to CSS will be revegetated within the
Sunset Ridge planted area, in areas that are not currently vegetated.
Specifically, there is an opportunity for revegetation in an area outside of the
delineated wetlands that, with approval from the Commission, could provide
additive benefits to the Sunset Ridge Park planted area, immediately to the
northeast of the Project site. This will provide a continuation of the CSS habitat
previously revegetated onsite. The City will replant the area to be equivalent to
existing conditions, which consists of superior high quality native vegetation
with coverage of primarily CSS. If this area is not approved for revegetation by
the Commission, alternative onsite mitigation opportunities will be evaluated.
■ Offsite Mitigation: Additive habitat assessment in the area adjacent to the
project site within the replanted CSS would be provided to mitigate impacts
from direct disturbance from the bridge structure and potential impacts from
shading.
The proposed Project will not result in significant impacts to sensitive plant species, as both temporary
and permanent impacts will be mitigated as outlined above. Implementation of the listed mitigation
measures will result in less than significant impacts to sensitive plant species and habitats within the
proposed Project site. Impacts to areas determined by the Coastal Commission to be wetlands are
discussed in item (b), below.
(c) Would the project have a substantial adverse effect on state or federally protected wetlands (including
but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological
interruption, or other means?
Less than Significant Impact. There are no riparian/riverine areas, vernal pools, or waters of the
United States or State are present within the proposed Project footprint. Within the survey area
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conducted for the jurisdictional delineation surveys, wetlands, as defined by the Coastal Act and the
City's LCP were identified both on and off the Project site.
Superior Avenue Wetlands
There is one distinct wetland area located off site within relatively close proximity to the Proposed
Project site, along the slope on the north side of Superior Avenue. The Superior Avenue wetland area
is approximately 115 feet from its closest point to the permanent structures of the proposed bridge
6mpaet beundary is approximately 0.15 -acre in size. Staging, worker access, and vehicle movement
would occur within the 100 foot boundary of the wetland area; however, this activity would be
similar to existing vehicular and pedestrian traffic in the Project area.
Per Title 21, Section 21.30B.040.0 of the City of Newport Beach Local Coastal Program (LCP)
Implementation Plan:
C. Wetland Buffers. A protective open space buffer shall be required to horizontally
separate wetlands from development areas. Wetland buffers shall be of a sufficient size
to ensure the biological integrity and preservation of the wetland. Wetlands shall have a
minimum buffer width of one hundred (100) feet wherever possible.
1. Exception: Smaller wetland buffers may be allowed only where it can be
demonstrated that:
a. A one hundred (100) foot wide buffer is not possible due to site-
specific constraints; and
b. The proposed narrower buffer would be amply protective of the
biological integrity of the wetland given the site-specific characteristics of
the resource and of the type and intensity of disturbance."
The Superior Avenue wetlands is outside of the 100 -foot buffer from the bridge's permanent
structures. Further, the existing wetlands are already surrounded by a variety of on-going
disturbances, primarily attributed to recreational and maintenance activities associated with the
Sunset Ridge Park above and immediately adjacent to the wetlands, as well as the pedestrian and
vehicle traffic adjoining the wetlands below. These on-going urban activities are less than 20 feet (and
in some cases only a few feet away) from the wetlands. In addition, the wetlands are upslope from
the proposed impact area, and moreover, the :.,+eRsity .,f the bFidge .,s+..,,,.+,en : bridge's
permanent structures would be strictly confined to the identified impact area, which would be
approximately 115 feet from the nearest point to the wetlands. Staging, worker access, and vehicle
movement would occur within the 100 foot boundary of the wetland area; however, this activity
would be similar to existing vehicular and pedestrian traffic in the Project area.
To further obviate concerns regarding any unforeseen impacts to the wetlands, the limits of the
wetlands will be clearly demarcated in the field priorto the commencement of construction activities,
and a biologist shall monitor the construction work to ensure that encroachment into the wetlands
does not occur. Also, the construction contractor should install a suitable barrier (e.g., snow fencing)
that is clearly visible to construction personnel, particularly any construction equipment operators, to
prevent any incidental construction impacts to these jurisdictional wetland areas.
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Therefore, given the information above, it is reasonable to conclude that the proposed bridge
construction activities would not temporarily or permanently impact those wetlands nor jeopardize
the biological integrity or preservation of the wetlands.
Following its completion, the pedestrian and bicycle bridge over Superior Avenue is not expected to
create any adverse shading impacts to the existing wetlands identified upslope along the north side
of Superior Avenue because of the distance the bridge will be from the nearest point to the wetlands
(i.e., 115+ feet).
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SECTION 7.0 — MITIGATED NEGATIVE DECLARATION
This document, along with the Draft Initial Study/Mitigated Negative Declaration; Mitigation Monitoring
and Reporting Program; and the Notice of Determination, constitute the Final Mitigated Negative
Declaration for the Rincon Development Project in the City of Chino Hills.
Pursuant to Section 21082.1 of the California Environmental Quality Act, the City has independently
reviewed and analyzed the Initial Study and Mitigated Negative Declaration for the Proposed Project and
finds that these documents reflect the independent judgment of the City. The City of Chino Hills, as lead
agency, also confirms that the project mitigation measures detailed in these documents are feasible and
will be implemented as stated in the MND and MMRP.
Signature
Printed Name
Date
Title
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SECTION 8.0 — REFERENCES
Baldwin, B.G., D.H. Goldman, D.J. Keil, R. Patterson, T.J. Rosatti, and D.H. Wilken (editors)
2012 The Jepson Manual, Vascular Plants of California. University of California Press. Second
Edition.
California Department of Transportation (Caltrans)
2018 Height and Low Clearances. Accessed May 2019.
http://www.dot.ca.gov/trafficops/trucks/height.htmI
City of Newport Beach
2005 Environmental Study Areas Map. Local Coastal Program; Coastal Land Use Plan. Available
online at: https://www.newportbeachca.gov/PLN/LCP/LCP 2005 CLUP/MAP4-
1LCP05 ESA.pdf
2006 General Plan. Available online at:
https://www.newportbeachca.gov/PLN/General Plan/COMPLETE FEB 2019/General P
Ian 2006 Complete.pdf
2009 Draft Environmental Impact Report for the Sunset Ridge Park Project. Banning Ranch
Conservancy
2013 Energy Action Plan
2017a Coastal Land Use Plan. Available online at:
https://www.newportbeachca.gov/PLN/LCP/Internet%20PDFs//CLUP Cover%20and%2
0Ta ble% 20of% 20Contents. pdf
2017b Local Coastal Program Implementation Plan. Available online at:
https://www.codepublishing.com/CA/NewportBeach/html/pdfs/NewportBeach2l.pdf
2019a Newport Beach Municipal Code. Accessed May 2019.
https://www.codepublishing.com/CA/NewportBeach/
2019b Municipal Operations — Parks and Trees
2019c Water Master Plan
2019d Capital Improvement Program Proposed for Fiscal Year 2019-20
Department of Conservation (DOC)
1981 Generalized Aggregate Resource Classification Map. Orange County — Temescal Valley
and Adjacent Production. California Division of Mines and Geology.
2004 Agricultural Preserves. Williamson Act Parcels.
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2019 Data Viewer. DOC Maps. Accessed May 2019.
https://maps.conservation.ca.gov/cgs/dataviewer/
Department of Transportation (DOT)
2019b California Scenic Highway Mapping System. Available online at:
http://www.dot.ca.gov/hq/LandArch/16 livability/scenic highways/
Department of Toxic Substances Control (DTSC)
Google
2019 EnviroStor. Hazardous Waste and Substances Site List (Cortese). Accessed May 2019.
https://www.envirostor.dtsc.ca.gov
2019 Google Maps. Accessed May 2019. https://www.google.com/maps/@34.5081521,-
117.3263889,14z
Gray, J. and D. Bramlet
1992 Habitat Classification System, Natural Resources, Geographic Information System (GIS)
Project. County of Orange Environmental Management Agency, Santa Ana, CA.
Holland, R.F.
1986 Preliminary Descriptions of the Terrestrial Natural Communities of California. State of
California, The Resources Agency, Department of Fish and Game, Natural Heritage
Division, Sacramento, CA.
Orange County Flood Control District (OCFCD)
2005 Watershed G Drainage Map
Orange County Water District (OCWD)
2018 Well Locations Map
2015 Groundwater Management Plan
Sawyer, J.O., T. Keeler -Wolf, and J. M. Evens
2009 A Manual of California Vegetation, 2nd edition. California Native Plant Society Press,
Sacramento, CA.
South Coast Air Quality Management District (SCAQMD)
2016 Air Quality Management Plan. Appendix IV -B. CARB's Mobile Source Strategy
State Water Resources Control Board (SWRCB)
2014 National Pollutant Discharge Elimination System (NDPES) Permit. Order No. R8-2014-
0002. NPDES Permit No. CAS 618030. Accessed June 2019.
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https://www.waterboards.ca.gov/santaana/water issues/programs/stormwater/docs/o
cperm it/2014/D raft R8-2014-0002.pdf
2019 GeoTracker Database. Accessed May 2019. https://geotracker.waterboards.ca.gov/
United States Department of Agriculture (USDA)
2019 Natural Resources Conservation Service. Web Soil Survey. Accessed May 2019.
https://websoilsurvey.nres.usda.gov/app/WebSoilSurvey.aspx
United States Geological Survey (USGS)
2019 U.S. Quaternary Faults Map. Accessed May 2019.
https://usgs.maps.arcgis.com/apps/`webappviewer/index.html
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Exhibit "C"
Mitigation Monitoring and Reporting Program
Superior Avenue Pedestrian and Bicycle Bridge
Mitigated Negative Declaration No. ND2019-002 (PA2019-014) -
State Clearinghouse Number 2019099074
MITIGATION MONITORING AND REPORTING PROGRAM
SUPERIOR AVENUE PEDESTRIAN AND BICYCLE BRIDGE
AND PARKING LOT PROJECT
Newport Beach, CA
(Orange County)
Prepared for:
CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, CA 92660
Prepared by:
CHAMBERS
/jhN GROUP
5 Hutton Centre Drive, Suite 750
Santa Ana, California 92707
November 2019
21-195
MITIGATION MONITORING AND REPORTING PROGRAM
Public Resources Code, Section 21081.6 (Assembly Bill 3180) requires that mitigation measures identified
in environmental review documents prepared in accordance with California Environmental Quality Act
(CEQA) are implemented after a project is approved. Therefore, this Mitigation Monitoring and Reporting
Program (MMRP) has been prepared to ensure compliance with the adopted mitigation measures during
the construction phase of Superior Avenue Pedestrian And Bicycle Bridge And Parking Lot Project.
The City of Newport Beach (City) is the agency responsible for implementation of the mitigation measures
identified in the MND. This MMRP provides the City with a convenient mechanism for quickly reviewing
all the mitigation measures including the ability to focus on select information such as timing. The MMRP
includes the following information for each mitigation measure:
• The phase of the project during which the required mitigation measure must be implemented;
• The phase of the project during which the required mitigation measure must be monitored; and
• The enforcement agency.
The MMRP includes a checklist to be used duringthe mitigation monitoring period. The checklist will verify
the name of the monitor, the date of the monitoring activity, and any related remarks for each mitigation
measure.
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mow icat resources -
-
-
MM BIO -1: Project -related activities likely to have the potential to disturb suitable
Pre-
Pre-
City of Newport Beach
Less than
bird nesting habitat shall be prohibited from February 15 through August 31, unless
Construction/Construction
Construction/Construction
Significant
a Project Biologist acceptable to the City of Newport Beach surveys the Project area
prior to disturbance to confirm the absence of active nests. Disturbance shall be
defined as any activity that physically removes and/or damages vegetation or habitat
-
or any action that may cause disruption of nesting behavior such as loud noise from
equipment. and/or. artificial night lighting. Surveys shall be conducted weekly,
beginning no earlier than 30 days and ending no later than 3 days prior to the
commencement of disturbance. If an active nest is discovered, disturbance within a
particular buffer shall be prohibited until nesting is complete; the buffer distance
shall be determined by the Biologist in consideration of species sensitivity and
existing nest site conditions. Limits of avoidance shall be demarcated with flagging
or fencing. The Biologist shall record the results of the recommended protective
measures described above and shall submit a memo summarizing any nest avoidance
measures to the City of Newport Beach to document compliance with applicable
State and federal laws pertaining to the protection. of native birds. Similarly, for
preserved vegetation that occurs within 50 to 100 feet of construction activities, if
construction is occurring during the nesting season, preserved vegetation shall be
surveyed for the presence of nesting birds.
MM BIO -2: Flag or install construction fencing or silt fencing along the proposed
Pre-
Pre-
City of Newport Beach
Less than
Project boundaries to delineate construction limits and to prevent encroachment
Construction/Construction
Construction/Construction
Significant
into adjacent natural communities. The limits of both the Superior and West Coast
Highway wetlands will be clearly demarcated in the field and all on-site construction
personnel will be informed about the wetland avoidance area prior to the
commencement of construction activities. The construction contractor will install a
solid protective barrier that is clearly visible to construction personnel, particularly
any construction equipment operators, and that prevents any incidental discharge of
soil or debris into the jurisdictional wetlands. Furthermore, a biologist will monitor
the construction work to ensure that encroachment into the wetlands does not
occur.
MM BI0-3: Gravel bags should be placed along the tops of the v -ditches in order to
Construction
Construction
City of Newport Beach
Less than
minimize erosion and to prevent construction debris and potentially hazardous
Significant
materials from entering the waterway during a rain event.
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•-••-• -• wuwnuw-cnoyunum Ja5ClCalaIDm �nrualano, a type of Pre- Pre -
Coastal Sage Scrub (CSS), located within the proposed Project footprint should be Construction/Construction Construction/Construction
avoided to the greatest extent feasible.
• Artemisia californica-Eriogonum fasciculatum Shrubland located within the
proposed Project footprint, that may be avoided, shall be flagged or
construction or silt fencing should be installed along the avoidable vegetation
to delineate construction limits and to prevent encroachment into adjacent
natural communities.
• Any impacts to Artemisia californica-Eriogonum fasciculatum Shrubland which
cannot be avoided will be mitigated through one of the following, in order of
priority:
o Onsite Mitigation: Any temporary impacts to CSS will be revegetated
within the Sunset Ridge planted area, in areas that are not currently
vegetated. Specifically, there is an opportunity for revegetation in an
area outside of the delineated wetlands that, with approval from the
Commission, could provide additive benefits to the Sunset Ridge Park
planted area, immediately to the northeast of the Project site along
Superior Avenue. This will provide continuation of the CSS habitat
previously revegetated onsite. The City will replant the area to be
equivalent to existing conditions, which consists of superior high-
quality native vegetation with coverage of primarily CSS. If this area is
not approved for revegetation by the Commission, alternative onsite
mitigation opportunities will be evaluated.
o Offsite Mitigation: Additive habitat assessment in the area adjacent to
the project site within the replanted CSS would be provided to mitigate
impacts from direct disturbance from the bridge structure and potential
impacts from shading.
. „ t; w np...an or me construction activities, the City will conduct Post -Construction Post -Construction City of Newport Beach
monthly monitoring of the West Coast Highway wetlands to evaluate and document -
the associated conditions to determine if any unforeseen impacts from the proposed
construction activities are occurring. This monthly monitoring will continue for up to
one year, or until such time as it can be sufficiently demonstrated that the wetlands
will continue to persist in perpetuity. If it is determined during post -construction
monitoring that construction has resulted in an unexpected impact to the wetlands,
appropriate remedial actions will be implemented by the City. For instance, an
unforeseen disruption or obstruction of subsurface hydrology to the wetlands may
warrant the City+s provision of an alternative water source that would continue to
supply sufficient water to sustain the wetlands.
Lessthan
Significant
Less than
Significant
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AND REPORTING
Mitigation Measure
SUPERIOR AVENUE PEDESTRIAN AND
BICYCLE BRIDGE AND PARKING LOT PROJECT
of
Implementation Phase Monitoring
Phase
Enforcement
Agency
_F
Level Verification of C
f ompliance
Significance After
it Date Remarks
tio n
MM CUL -1: If archaeological or paleontological resources are discovered during
Construction Construction
City of Newport Beach
Lessthan
construction, all construction activities in the general area of the discovery shall be
Significant
temporarily halted until the resource is examined by a qualified monitor, retained by
the Developer. The monitor shall recommend next steps (i.e., additional excavation,
curation,preservation, etc.). Therefore, impacts would be less than significant with
mitigation incorporated..
MM CUL -2: During proposed Project construction, activities will be halted, and an
Construction
Construction
City of Newport Beach
Less than
archaeologist must be available to evaluate the find. If human remains are
encountered, State Health and Safety Code Section 7050.5 states that no further
Significant
disturbance shall occur until the County Coroner has made a determination of origin
and disposition pursuant to Public Resources Code (PRC) Section 5097.98. The
County Coroner must be notified of the find immediately. If the remains are
determined to be Native American, the County Coroner will notify the Native
American Heritage Commission (NAHC), which will determine and notify a Most
Likely. Descendant (MLD). With the permission of the landowner or his/her
authorized representative, the MLD may inspect the site of the discovery. The MLD
shall complete the inspection within 48 hours of notification by the NAHC. The MLD
may recommend scientific removal and nondestructive analysis of human remains
and items associated with Native American burials.
MM PALEO-1: All project -related ground disturbance that could potential impact the
Construction
Construction
City of Newport Beach
Less than
Monterey Formation and the Old Paralic Deposits will be monitored by a qualified
Significant
paleontological monitor on a full-time basis, asthese geologic units are determined
to have a high paleontological sensitivity. Project -related excavations that occur in
surficial younger alluvial deposits (not mapped in the current study area but existing
in the vicinity) will be monitored. on a part-time basis to ensure that underlying
paleontologically sensitive sediments are not being impacted. Excavations exceeding
5 feet in. depth in Quaternary alluvium will be monitored on a full-time basis.
MM PALEO-2: A qualified paleontologist will be retained to supervise monitoring of
Construction
Construction
City of Newport Beach
Less than
construction excavations and to produce a Paleontological Monitoring and
Significant
Mitigation Plan for the proposed project. Paleontological resource monitoring will
include inspection of exposed rock units during active excavations within sensitive
geologic sediments. The monitor will have authority to temporarily divert grading
away from exposed fossils and halt construction activities in the immediate vicinity
in order to professionally and efficiently recover the fossil specimens and collect
associated data. The qualified paleontologist will prepare progress reports to be filed
with the lead agency.
MM PALEO-3: At each fossil locality, field data forms will be used to record pertinent
Construction
Construction
City of Newport Beach
Less than
geologic data, stratigraphic sections will be measured, and appropriate sediment
_
Significant
samples will be collected and submitted for analysis.
MM PALEO-4: Matrixsampling would be conducted to test for the presence of
Construction
Construction
City of Newport Beach
Less than
microfossils. Testing for microfossils would consist of screen -washing small samples
Significant
(approximately 200 pounds) to determine if significant fossils are present. If
microfossils are present, additional matrix samples will be collected '(up to a
maximum of 6,000 pounds per locality to ensure recovery of a scientifically significant
microfossil sample).
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MM PALEO-S: Recovered fossils will be prepared to the point of curation, identified
by qualified experts, listed in a databaseto facilitate analysis, and reposited in a
designated paleontological curation facility. The most likely repository. is the SDNHM.
Hazards and Hazardous Materials
City
Significant
burl rwc-a: Any contaminated soils or other hazardous materials removed from the
proposed Project site shall be transported only by. a Licensed Hazardous
Construction
Construction
City of Newport Beach
Less than
Waste
Hauler who shall be in compliance with all applicable State and federal requirements,
Significant
including U.S. Department of Transportation regulations under Title 49 of the CFR
(Hazardous Materials Transportation Act), California Department of Transportation
standards, Occupational Safety and Health Administration standards, and the
Resource Conservation and Recovery Act (42 United States Code §6901 et seq.). The
City of Newport Beach Public Works and Community Development Departments
shall verify that only Licensed Haulers who are operating in compliance with
regulatory requirements are used to haul hazardous materials.
Tribal Cultural Resources
rvrrvr mrc -1: rnor to issuance of any grading permit, the Applicant shall provide
satisfactory evidence that a Native American monitor (i.e., Gabrieleno Band of
Mission Indians -Kith Nation), has been retained to observe ground disturbance
Pre -Construction
Pre -Construction
City of Newport Beach
Less than
Significant
activities during grading and excavation. In the event that tribal cultural resources
are discovered, the Native American monitor shall be included in the consultation on
the recommended next steps.
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ATTACHMENT H
PROFESSIONAL SERVICES AGREEMENT
WITH DOKKEN ENGINEERING FOR
SUPERIOR AVENUE OVERCROSSING AND PARKING LOT PROJECT FINAL
DESIGN AND ENGINEERING SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 19th day of November, 2019 ("Effective Date"), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"),
and DOKKEN ENGINEERING, a California corporation ("Consultant"), whose address is
1450 Frazee Road, Suite 100, San Diego, CA 92108, and is made with reference to the
following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide final design and engineering services
for the Superior Avenue Overcrossing and Parking Lot ("Project").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 31, 2023, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
21-201
Exhibit A. In the absence of a specific schedule, the Services shall be performed to
completion in a diligent and timely manner. The failure by Consultant to strictly adhere to
the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely
manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Nine Hundred Nineteen
Thousand Eight Hundred Ninety Dollars and 00/100 ($919,890.00), without prior
written authorization from City. No billing rate changes shall be made during the term of
this Agreement without the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the specific
task in the Scope of Services to which it relates, the date the Services were performed,
the number of hours spent on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar
days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses specifically
identified in Exhibit B to this Agreement or specifically approved in writing in advance by
City.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
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reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated John Klemunes to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project Manager
and any other assigned staff shall be equipped with a cellular phone to communicate with
City staff. The Project Manager's cellular phone number shall be provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's
Public Works Director or designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. All Services
shall be performed by qualified and experienced personnel who are not employed by City.
By delivery of completed Work, Consultant certifies that the Work conforms to the
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requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized professional standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services contemplated
by this (collectively, the "Indemnified Parties), from and against any and all claims
(including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys'
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims"), and which relate (directly or indirectly) to the negligence,
recklessness, or willful misconduct of the Consultant or its principals, officers, agents,
employees, vendors, suppliers, subconsultants, subcontractors, anyone employed
directly or indirectly by any of them or for whose acts they may be liable, or any or all of
them.
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in
this indemnity shall be construed as authorizing any award of attorneys' fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and
liability regardless of whether any insurance policies are applicable. The policy limits do
not act as a limitation upon the amount of indemnification to be provided by the
Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No civil
Dokken Engineering Page 4
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service status or other right of employment shall accrue to Consultant or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or any
of Consultant's employees or agents, to be the agents or employees of City. Consultant
shall have the responsibility for and control over the means of performing the Work,
provided that Consultant is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Consultant as to the details
of the performance of the Work or to exercise a measure of control over Consultant shall
mean only that Consultant shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
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16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise required by law. City is an intended beneficiary of any Work
performed by the subcontractor for purposes of establishing a duty of care between the
subcontractor and City. Except as specifically authorized herein, the Services to be
provided under this Agreement shall not be otherwise assigned, transferred, contracted
or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Consultant or any
other party. Additionally, all material posted in cyberspace by Consultant, its officers,
employees, agents and subcontractors, in the course of implementing this Agreement,
shall become the exclusive property of City, and City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or any other party.
Consultant shall, at Consultant's expense, provide such Documents, including all logins
and password information to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived against Consultant, and City assumes
full responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
17.3 CADD data delivered to City shall include the professional stamp of the
engineer or architect in charge of or responsible for the Work. City agrees that Consultant
shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the
modification or misuse by City, or anyone authorized by City, of CADD data; (b) the
decline of accuracy or readability of CADD data due to inappropriate storage conditions
or duration; or (c) any use by City, or anyone authorized by City, of CADD data for
additions to this Project, for the completion of this Project by others, or for any other
Project, excepting only such use as is authorized, in writing, by Consultant. By
acceptance of CADD data, City agrees to indemnify Consultant for damages and liability
Dokken Engineering Page 6
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resulting from the modification or misuse of such CADD data. All original drawings shall
be submitted to City in the version of AutoCAD used by the City in .dwg file format, on a
CD, and should comply with the City's digital submission requirements for improvement
plans available from the City's Public Works Department. The City will provide Consultant
with City title sheets as AutoCAD file(s) in .dwg file format. All written documents shall
be transmitted to City in formats compatible with Microsoft Office and/or viewable with
Adobe Acrobat.
17.4 All improvement and/or construction plans shall be prepared with indelible
waterproof ink or electrostatically plotted on standard twenty-four inch (24") by thirty-six
inch (36") Mylar with a minimum thickness of three (3) mils. Consultant shall provide to
City 'As -Built' drawings and a copy of digital Computer Aided Design and Drafting
("CADD") and Tagged Image File Format (.tiff) files of all final sheets within ninety (90)
days after finalization of the Project. For more detailed requirements, a copy of the City
of Newport Beach Standard Design Requirements is available from the City's Public
Works Department.
18. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents the
Consultant's judgment as a design professional and is supplied for the general guidance
of City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the accuracy of
such opinions as compared to Consultant or contractor bids or actual cost to City.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
20. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
21. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Consultant
under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Consultant shall allow
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inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Consultant
under this Agreement.
22. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall not
discontinue Work as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of return
that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld.
23. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Consultant,
the additional design, construction and/or restoration expense shall be borne by
Consultant. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
25. CONFLICTS OF INTEREST
25.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
25.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Consultant shall
indemnify and hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section.
26. NOTICES
26.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
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business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
26.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Public Works Director
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
26.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: John Klemunes
Dokken Engineering
1450 Frazee Road, Suite 100
San Diego, CA 92108
27. CLAIMS
27.1 Unless a shorter time is specified elsewhere in this Agreement, before
making its final request for payment under this Agreement, Consultant shall submit to
City, in writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
27.2 To the extent that Consultant's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Consultant to file a claim in strict conformance with the
Government Claims Act. To the extent that Contractor/Consultant's claim is not a "Claim"
as defined in Public Contract Code section 9204 or any successor statute thereto,
Consultant shall be required to file such claim with the City in strict conformance with the
Government Claims Act (Government Code sections 900 et seq.).
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28. TERMINATION
28.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
28.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination, Consultant
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
29. PREVAILING WAGES
29.1 Pursuant to the applicable provisions of the Labor Code of the State of
California, not less than the general prevailing rate of per diem wages including legal
holidays and overtime Work for each craft or type of workman needed to execute the
Work contemplated under the Agreement shall be paid to all workmen employed on the
Work to be done according to the Agreement by the Consultant and any subcontractor.
In accordance with the California Labor Code (Sections 1770 et seq.), the Director of
Industrial Relations has ascertained the general prevailing rate of per diem wages in the
locality in which the Work is to be performed for each craft, classification, or type of
workman or mechanic needed to execute the Agreement. A copy of said determination
is available by calling the prevailing wage hotline number (415) 703-4774, and requesting
one from the Department of Industrial Relations. The Consultant is required to obtain the
wage determinations from the Department of Industrial Relations and post at the job site
the prevailing rate or per diem wages. It shall be the obligation of the Consultant or any
subcontractor under him/her to comply with all State of California labor laws, rules and
regulations and the parties agree that the City shall not be liable for any violation thereof.
29.2 Unless otherwise exempt by law, Consultant warrants that no contractor or
subcontractor was listed on the bid proposal for the Services that it is not currently
registered and qualified to perform public work. Consultant further warrants that it is
currently registered and qualified to perform "public work" pursuant to California Labor
Code section 1725.5 or any successor statute thereto and that no contractor or
subcontractor will engage in the performance of the Services unless currently registered
and qualified to perform public work.
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30. STANDARD PROVISIONS
30.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
30.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
30.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
30.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
30.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
30.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
30.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
30.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
30.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
30.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
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ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
30.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
30.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: It 20 i
By: J'y_'
Fnr-'Aaron C. Harp �A
City Attorney
ATTEST:
Date:
:�
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Diane B
Mayor
Dixon
CONSULTANT: Dokken Engineering, a
California corporation
Date:
By:
Richard A. Dokken
Chief Executive Officer
Date-
ate:
By-
By:
Bradley
Bradley B. Dokken
Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
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EXHIBIT
SCOPE OF SERVICES
Dokken Engineering Page A-1 21-214
�Ewpa��
01
�AtrsonK�P
EXHIBIT A
SCOPE OF WORK
TASK 1 - PROJECT MANAGEMENT & CALTRANS COORDINATION
SUPERIOR AVENUE OVERCROSSING
AND PARKING LOT
Task 1.1 Project Kickoff and Agency Coordination Meetings
Dokken Engineering, referred to as "Dokken" throughout this Scope of Work, will coordinate meetings with the
City, the City's consultants (TyLin, Urban Resource, Chambers Group) and key stakeholders to facilitate decision
making. For each meeting, Dokken will provide meeting notices, prepare meeting materials and agenda, facilitate
the meeting and prepare meeting minutes. Dokken will consult with the City's project manager prior to each
meeting to review upcoming meeting items. The following meetings are anticipated for this project:
Kickoff Meeting (1): At the start of the project, Dokken will organize a kickoff meeting with all key personnel,
design team members and stakeholder representatives on the project. The purpose of this meeting is to review
the goals and objectives of the project, discuss each team member's roles and responsibilities and identify
critical project issues.
PDT Meetings (11): The project development team (PDT) meeting, will be scheduled monthly to review
project status and discuss items that require City decisions. Attendees are anticipated to include City staff,
Dokken Project Manager, as well as consultant task leads and other stakeholders as necessary to facilitate
resolutions.
City Council Meetings (2): Dokken will attend and present the proposed improvements at City Council
meetings.
Task 1.2 Project Schedules and Administration
Dokken will monitor and control the effort and progress of the proposed services as follows: 1) Set up an internal
project accounting system; 2) Prepare monthly Progress Reports indicating work accomplished the previous
month, anticipated work to be completed the next month, issues requiring resolution, milestones achieved,
meetings held, actions taken, approval actions required, coordination issues and design schedule impacts to
accompany client invoices; and 3) Prepare, monitor and adjust Critical Path Method (CPM) Schedule on a monthly
basis.
Task 1.3 Data Collection, Site Visits, and General Coordination
Dokken will obtain and review all available documents to identify design controls and considerations necessary to
support the project. These documents include, but are not limited to, aerial and street view exhibits, concept plan
and renderings developed, traffic and pedestrian counts, parking lot, roadway and utility As -Built data and other
available data.
Task 1.4 Caltrans Local Assistance Coordination and Form Preparation
Dokken, on behalf of the City, will coordinate directly with Caltrans to prepare the construction Request for
Authorization (RFA) and secure the E-76. Dokken will also prepare all required forms to include the utility and
right of way certification, PS&E checklist and support the City's environmental consultant for the preparation of
the NEPA Revalidation that will be required to request the construction RFA. Throughout the design process,
Dokken will coordinate with Caltrans to address any review comments and gain Caltrans and City approval.
Task I Deliveroble(s): Up to twelve (I2) Meeting Notices, Agendas, Meeting Minutes, and Presentation Materials; City
Council Presentation Materials including Project Exhibits, Monthly Progress Reports and Monthly Project Schedule
Updates, Team Coordination, Existing Documentation Memorandum, Site Visit Summary, Project Design Criteria
Memorandum, Caltrans RFAs, Utility and Right of Way Certification, PS&E Checklist,
TASK 2 - DESIGN SURVEYING & BASE MAPPING
Guida Surveying, Inc. (Guida) will support Dokken to review and use the existing survey data, topography and
aerial photo. After review of the data, a survey request will be made to supplement the existing survey
data. Supplemental survey will include locating any above ground evidence of underground utilities.
In
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The City has requested to budget three (3) days for any needed supplemental field surveys.
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In addition to the supplemental surveys, Guida will identify existing right of way lines between the City and Caltrans
right of way, roadway centerlines, lot lines, and survey monuments from available record data. Guida will prepare
a base map from available record data that will include right of way lines and centerline of both Pacific Coast
Highway and Superior Avenue.
Task 2 Deliverables): Copy of the updated base map files in PDF and AutoCAD; ASCII text file of the field survey
point file information,- The AutoCAD files to include, DTM, topography, field survey shots including ground shots and
utility appurtenances and descriptors for each point in a text file format.
TASK 3 - UTILITY COORDINATION
Task 3.1 Identify Existing Utilities
Dokken will prepare a project limits map immediately after the Notice to Proceed and request utility information
from the utility owners within the project area. Dokken will prepare draft request for mapping letters to affected
utility owners on City letterhead for City review and approval prior to transmitting project base maps to utility
owners. Two sets of project base maps will be provided to each utility owner as an attachment to the transmittal
request for the mapping letter. A copy of the utility data obtained from utility owners will be provided to the City
and the original will be filed in the project files. Information on existing utilities obtained because of the request
for mapping submittal will be transferred to base maps in both plan and profile view.
Dokken will prepare a utility base map to integrate the information supplied by the utility owners. Information on
existing utilities obtained because of this effort will be used to identify utility conflicts.
Task 3.2 Utility Coordination
Dokken will update the utility base map that was prepared in the prior task and will coordinate with the utility
owners to confirm locations of existing utilities shown. A total of three potholes is proposed based on the utility
mapping, any potential utilities relocation needed will be identified. Dokken will coordinate with each utility
company and provide each utility company a copy of our 50%, 90%, and 100% plans. During the development of
our plans, we will coordinate any future utilities that will be within our project limits and coordinate these
improvements into our project. Dokken will maintain on-going record keeping, meeting minutes, correspondence,
schedules and status updates between the project team, the City, and each utility company.
Deliverables: Request for Mapping letters; Existing Utility Plans, Utility Base map, Final Design of Relocations from
Each Utility Company; Three (3) Utility Potholes
TASK 4 - GEOTECHNICAL ENGINEERING
Earth Mechanics, Inc. (EMI) will provide geotechnical engineering design services for the following design
elements:
(1) A new three -span pedestrian bridge;
(2) A 210 -foot long and up to 11 feet tall retaining wall,-
(3)
all;(3) A 330 -foot long and up to 22 feet tall retaining wall;
(4) A 150 -foot long and up to 10 feet tall retaining wall;
(5) A 180 -foot long and up to 18 feet tall retaining wall;
(6) A 230 -foot long and up to 10 feet tall cut slope retaining wall;
(7) Pavement Structural Sections for the Parking Lot; and
(8) Soil infiltration testing at a location.
Details of our proposed geotechnical services for the project are presented below.
Preliminary Foundation Report
EMI will prepare a Preliminary Foundation Report (PFR) to provide preliminary geotechnical recommendations to
assist structural designers in the Type Selection process for the bridge. This PFR will be prepared using the available
subsurface data and the format will be in accordance with the current Caltrans Guidelines.
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Fault Rupture Preliminary Study
The bridge site is near the Newport -Inglewood fault. The City of Newport Beach Seismic Safety Element (2006)
confirms the above and identified the area as "Fault Disclosure Zone for real-estate disclosure purposes". We also
reviewed the California Geological Survey Earthquake Fault Zones map, and the bridge site is not within the
Alquist-Priolo (AP) zone. Based on our past experience on similar bridge projects, we propose a two-step process
to investigate the fault rupture issue. Step -one is a limited desktop study to collect and review existing reports
and maps. After our review, we will prepare a short summary memorandum of our findings. These findings will be
presented to Dokken and the City to make a joint decision of whether or not fault rupture should be considered.
If the joint decision is to pursuit additional fault rupture investigation, then EMI will prepare a scope and cost at
that time.
Geotechnical Investigation
EMI's geotechnical field investigations plan is presented in Table 1. Data obtained from the borings will be used
for multiple design elements.
Table 1. Proposed Soil Boring Information
Design Element
Proposed Number of Borings
Approximate Proposed Depth(feet)
Pedestrian Bridge - Abutments
2
80
Pedestrian Bridge - Bents
2
100
Parking Lot Retaining Walls
4
501
40
1
25
The boreholes will be excavated using a truck -mounted or track -mounted rotary -wash drill rig. Soil cuttings will
be temporarily stored onsite in SS -gallon drums, tested for contaminants, then disposed offsite. A Cone
Penetration Test (CPT) sounding will be performed at one of the bent if liquefiable layers are observed in the
borings. Asphalt concrete cold -patch will be used to replace asphalt that is removed by excavations, and quick -
set cement will be used to replace concrete that is removed by excavations.
EMI will prepare a boring location plan and this plan will be used to secure encroachment permits from City of
Newport Beach.
EMI field personnel will collect soil samples for laboratory testing, including bulk samples of near -surface soils and
small disturbed and relatively undisturbed ring samples of deeper soils. The small disturbed and relatively
undisturbed soil samples will be collected using split -spoon samplers at a vertical interval of about S feet,
alternating between the Standard Penetration Test (SPT) sampler and the Modified California Drive (MCD) sampler.
Samples of subsurface soils will be logged during the field investigation, secured in their containers or collected
in plastic bags, and transported to the EMI laboratory.
Laboratory Testing
Field logs of the boreholes will be reviewed to select representative soil samples for laboratory testing. Various
laboratory tests will be performed on soil samples to determine or derive their physical and engineering
characteristics. Anticipated laboratory tests include: in-situ density and moisture content, grain size, Atterberg
limits, direct shear, UU triaxial, R -value, and soil corrosion tests. Laboratory tests will be conducted in general
accordance with American Society for Testing and Materials (ASTM) standards or California Test methods.
Field Soil Infiltration Testing
Infiltration testing is required at one location for this project. EMI proposes the following work plan to estimate
the infiltration rate of onsite soils at each site.
EMI will install two temporary wells at the infiltration test location. Depth of the wells is assumed to be no more
than 5 feet below existing ground. The wells will not be sampled, though the soil type will be observed for
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comparison with nearby borings. Each well will be soaked overnight and infiltration testing will commence the
following day. Well infiltration testing will be performed following USBR 7300-89 method.
Geotechnical Engineering Analyses
Results obtained from the field investigation and laboratory testing will be used to characterize subsurface soils
and conditions and create idealized soil profiles for design. The following analyses will be performed for the
project:
• Evaluation of seismicity and estimation of Peak Ground Acceleration based on the Caltrans design criteria,
and recommendation of ARS curves for bridge structural design.
• Assessment of soil liquefaction potential, seismic settlement, and lateral spreading.
• Foundation analysis for bridges and retaining walls.
• Assessment of global slope stability.
• Evaluation of soil corrosivity conditions and recommendations for mitigation measures.
• Design of pavement structural section in accordance with the Caltrans method.
Report Preparation
EMI will prepare a Foundation Report (FR) to provide all the geotechnical design and construction
recommendations for the project. The FR will include recommendations for the Bridge, retaining walls, slopes, soil
infiltration rates, and pavement structural sections. EMI will address any comments resulting from the City of
Newport Beach review and prepare a final Foundation Report.
Task 4 Deliverable(s): Preliminary and Final Foundation Report
TASK 5 - HYDOLOGY AND HYDRAULIC ANALYSIS
A Drainage Report will be prepared to document the hydrology and hydraulic analysis based on local criteria and
will provide a detailed discussion of the existing conditions, post -project drainage patterns and conditions, results
of the on-site hydraulic analyses and any issues of special concern or significance. The City will provide or agree
to assumed boundary conditions utilized in the hydraulic analysis for connections to existing drainage systems. A
draft version of the report will be submitted to the City for one round of comments at the SO% milestone and will
be finalized upon completion of the 100% PS&E milestone submittal.
Deliverables: Draft and Final Drainage Report
TASK b - STORM WATER QUALITY MANAGEMENT PLAN (SWQMP)
Dokken will prepare a Water Quality Management Plan (WQMP) in accordance with the City of Newport Beach
MS4 requirements and Orange County water quality guidance. The WQMP is anticipated to include the following
features:
• A description of the project and the major engineering features
• A description of the feasible Site Design practices and justification of measures considered infeasible or
not applicable to the project
• A description of the feasible Law Impact Development (LID) BMPs and justification of measures considered
infeasible or not applicable to the project
• A description of the feasible Biotreatment and/or Treatment Control BMPs and justification of measures
considered infeasible or not applicable to the project, as well as supporting calculations.
• A description of the feasible Source Control Measures and justification of measures considered infeasible
or not applicable to the project
• A design capture volume worksheet for each drainage area
• A Site Plan showing all BMPs, impervious and pervious areas, drainage improvements, and discharge
points
• An operation and maintenance program and identification of maintenance responsibility
• Infiltration feasibility documentation
It is assumed that hydromodification control is not required for this project since all downstream conveyances are
engineered, hardened, and regularly maintained.
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A draft WQMP will be prepared and submitted to the City of Newport Beach for review with the 50% PS&E
milestone submittal. Comments will be addressed, and the final document will be submitted for approval with the
100% PS&E milestone submittal.
Deliverables' Draft and Final Storm Water Quality Management Plan
TASK 7 - CML DESIGN
Task 7.1 Rough and Precise Grading
Dokken will prepare rough and precise grading plans for the project. The project grading design will be evaluated
so that earthwork on the site is balanced to the maximum extent possible. Staging concepts will be developed
simultaneously with the grading design to ensure constructability while also maintaining the City's existing parking
needs. The precise grading design will meet ADA standards throughout the project.
Task 7.2 Retaining Walls
Dokken will prepare retaining wall plans for the project. The retaining wall layout will consider the ultimate
widening of Pacific Coast Highway and be designed to maximize project site area. Retaining wall type selection
will consider cost, constructability and comparability with the site and bridge construction. Donald MacDonald
(DMD) Architects will provide design input for Architectural features for the retaining walls developed that tie the
site together and consider the City's existing architectural themes. Design input will be in the form of design
sketches (2) and conceptual drawings (1) for incorporation into the design documents.
Task 7.3 Parking Lot
Dokken will design the parking lot with a goal of maximizing the parking count and use its best efforts to get to
161 spaces. ADA path of travels and ADA compatible spaces will be located appropriately" Stormwater treatment
features will be incorporated into the site layout in a way to maximize parking counts. If required, a connection
to Hoag Drive will be incorporated into the Parking Lot layout.
Task 7.4 Bicycle Node with Water Fountain(s)
After the basic site plan has been refined and updated with final location of curbs, walkways, ramps and stairs,
placemaking and hardscape patterns will be developed. Central to the plan is a node or plaza that will be located
between the parking lot and the bridge. This area will function like a hub, guiding and directing pedestrians and
cyclists to and from parking, the bridge, as well as ramp and stairs connecting to the streets below. Additionally,
this area serves as a small gathering and overlook to the Pacific Ocean and is anticipated to include one or two
water fountains.
Our team recognizes will develop alternative circulation patterns and pathways to alleviate potential confusion
and mayhem. Upon confirming a safe and functional routing and layout, we will explore paving options, materials,
textures and colors to further reinforce the various movements and gathering areas within this highly visible
promontory.
Following the schematic study, ADL will refine the design and present sketches and exhibits to finalize the Plaza
prior to construction document preparation.
Task 7.5 Dog Park
Initially, ADL will complete a pre -design process to include research of other off -leash areas to guide the design
of the dog park feature. Utilizing social media such as Yelp and Google, ADL will examine and summarize public
opinion regarding the numerous local dog parks to confirm current likes and dislikes, preferred features such as
shade, seating, topography, play surface and others. This information, coupled with our prior dog park experience,
will be used to aid ADL in developing preferential features, proper proportioned dedication of area to large vs
small dog areas and alternative layouts or configurations.
Utilizing this research information, ADL will prepare a preliminary dog park plan that identifies the separate dog
areas, containment fencing location, possible lighting, access, entry vestibules and other suggested amenities,
along with sketches, plan enlargements, photographs or catalog information to offer visualization of all proposed
features for City review.
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Upon City approval of the design development package, all components will be prepped for drafting and inclusion
within the construction document set.
Task 7.6 50% Civil Plans and Estimate
Dokken will prepare the 50% Civil submittal to include the following sheets:
• Title Sheet (1) 0 Drainage/Plans/Profiles Details (8)
• General Notes, Legend Key, Map (1) Construction Details (5)
• Survey Control (1) • Utilities and Lighting Plans (4)
• Typical Sections (2) 9 Water Pollution Control Plans (4)
• Site and Paving Plan and Details (6) • Signing and Striping (4)
• Dog Park Plans and Details (2) 0 Retaining Wall Plans and Details (6)
• Precise Grading Plan (4)
Total = 50 Sheets
Dokken shall compile and prepare the Cost Estimate based on all biddable construction items identified
throughout the design package and consistent with the City's "Boiler Plate". The estimated quantities shall include,
but not be limited to, itemizing all removals, relocations, water pollution control, any required mitigation work,
earthwork, subgrade preparation, aggregate base, asphalt concrete (AC) paving, survey monument, painting of
pavement legends and signs, traffic control, raised pavement markers, project signs, miscellaneous metal, piling,
etc. The estimated quantities shall be arranged consistent with Caltrans' estimating procedures and shall contain
all the information needed to prepare the Engineer's Estimate of costs. Contingencies shall be included at the
appropriate percentage.
Task 7.7 90% Civil Plans, Specifications, & Estimate
Once Dokken receives comments from the City and stakeholder agencies, we will prepare and submit responses
to comments to the City. All City and outside agency comments will be tabulated in a Review Comment Matrix
and responses provided.
Dokken will revise the plans based on comments received from the City. Quantity calculations and independently
developed quantity -check calculations will be developed from the checked plans. After quantity calculations are
complete, Dokken will prepare in Microsoft Excel an itemized construction cost estimate based upon checked
plans and quantity calculations. Dokken will prepare Special Provisions for the project in a format consistent with
the standard specifications for Public Works Construction ("Greenbook") and the 2018 Caltrans Standard
Specifications and 2018 Standard Plans. Technical Specifications will be developed based on the plan set and cost
estimate, completing the 90% PS&E for submittal to the City.
Task 7.8 100% Civil Plans, Specifications, & Estimate
Upon receipt of comments on the 90% submittal package, Dokken will schedule a review session, if required, with
the City to discuss review comments and resolve any outstanding comments.
Deliverables: 50%, 90%, and 100% Civil Plans (PDF, Five half-size, Two full-size and one set of signed Mylars),
Specifications (PDF, Word, and five bound hard copies) Estimate (PDF, Excel and five hard copies), Review
Comment/Response Matrix
TASK 8 - BRIDGE DESIGN
Task 8.1 Project Renderings
To facilitate design review, Donald MacDonald (DMD) Architects will prepare visualizations in the form of sketches
(2), and renderings (2) that feature the final design details and aesthetic elements of the bridge necessary for the
City's review and approvals. These visualizations will incorporate the proposed Dog Park and parking site design
as proposed by the be reviewed by the City's project staff and the selected features will be chosen. Two final
renderings will be prepared and presented for use by the City.
Task 8.2 Bridge Advance Planning Study
Dokken and DMD Architects will review the rendering of the final approved concept and prepare an Advance
Planning Study (APS). The structure type concept alternative will be evaluated on relative comparison of
IM
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operational performance, construction and environmental impacts, maintenance requirements, and construction
cost. As part of the review, DMD Architects will assess the visual context of the design that integrates the aesthetic
and environmental values with bridge and architectural elements. The APS will include the proposed structural
and foundation type, the length, spans, cross section, staging and profile of the bridge.
Task 8.3 Develop Architectural Features
DMD Architects will develop sketches of architectural features and elements to be integrated into the overcrossing
structure. Elements may include form liners and/or color on abutments, piers-, pier overlook features; light
standards; and bridge rails. Due to the visual prominence and scale of the bridge, aesthetic components and
elements will significantly influence the perception of the site. Therefore, it is crucial for such features to be
assessed for their appropriateness and how they may establish or influence an overall project theme. Our team
will coordinate these aspects to assure a viable and cohesive project theme with complementary features. Sketches
of the proposed elements will be presented to the City's project staff for consideration. Selected features will be
included in the project rendering discussed above.
Task 8.4 Type Selection
After the horizontal and vertical alignment are set, and prior to beginning final structures design work, a structure
General Plan will be developed for the proposed bridge. The type selection will be documented in a concise Type
Selection Memorandum, generally following the format described in Caltrans Memos to Designers 1-29 and
Attachment 3. The memo will include discussion of bridge layout, constraints, alternative types considered,
foundations, clearances, utilities, seismic considerations, constructability, aesthetics and cost. The report will
document the preferred structure type. A draft memo will be submitted to the City for review and comment,
followed by a Final Type Selection Memo incorporating comments and an updated General Plan.
Deliverables: Bridge Advance Planning Study, 2 Design Sketches of proposed aesthetic elements, 2 Project Renderings,
Draft and Final Type Selection Memo, Structures General Plan
Task 8.5 50% Bridge Plans and Estimate
The plans developed in Type Selection will be used as a baseline to develop the 50% submittal. Prior to
developing the 50% plans, Dokken will meet with the City to provide an overview of the bridge design and the
architectural treatment details. Any revisions will be updated and prepared with the 50% plan submittal. Plans
will be prepared in AutoCAD Civil 3D.
Following selection of the structure alignment and type, and approval of the General Plan, structure plans and
structural design calculations will be prepared for the preferred alternative. All plans and calculations will conform
to Caltrans' requirements, including AASHTO LRFD Bridge Design Specifications with Caltrans Amendments,
AASHTO LRFD Guide Specifications for Design of Pedestrian Bridges, Caltrans Highway Design Manual, Caltrans'
Memos to Designers, Bridge Design Aids Manual, Bridge Design Details Manual and Caltrans Seismic Design
Criteria.
In close coordination with the City, Dokken will assemble the calculations, plans, bid item list and estimate of
construction cost into the 50% submittal package. The 50% bridge submittal will include the following:
• General Plan (1)
Typical Sections (1)
• General Notes (1)
Superstructure Details (2)
• Deck Contours (1)
Architectural Details (2)
• Foundation Plan (1)
Railing Details (1)
• Abutment Layouts (2)
Miscellaneous Details (1)
• Abutment Details (2)
Log of Test Borings (LOTS) (2)
• Bent Details (3)
Total = 20 Sheets
Task 8.6 90% Bridge Plans, Specifications, & Estimate
Once Dokken receives comments from the City and stakeholder agencies, we will prepare and submit responses
to comments to the City. All City and outside agency comments will be tabulated in a Review Comment Matrix
and responses provided.
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An independent bridge design check will be performed for the structure. Checking will include the preparation of
an independent set of structural design check -calculations in conformance with Caltrans' policy. Upon completion
of the independent design check, the designer and checker will compare their results and resolve any differences.
Next, the structure plans will be revised as directed by the designer. Both the designer and checker will review the
revised plan set and, if satisfactory, this will become the "checked plans" set.
Quantity calculations and independently developed quantity -check calculations will be prepared from the checked
plans. After quantity calculations are complete, Dokken will prepare in Microsoft Excel an itemized construction
cost estimate based upon checked plans and quantity calculations. Dokken will prepare Special Provisions for the
project in a format consistent with the 2018 Caltrans Standard Specifications and 2018 Standard Plans. Technical
Specifications will be developed based on the plan set and cost estimate, completing the 90% PS&E for submittal
to the City.
Task 8.7 100% Bridge Plans, Specifications, & Estimate
Upon receipt of comments on the 90% submittal package, Dokken will schedule a review session, if required, with
the City to discuss review comments and resolve any outstanding conflicting comments.
Dokken will prepare and submit responses to the City. All City and outside agency comments will be tabulated in
a Review Comment Matrix and responses provided.
Dokken will revise the bridge PS&E package as necessary to address all comments and submit the 100% bridge
PS&E.
Deliverables: Structure Concept Approval and Type Selection, sketches of proposed aesthetic elements, project
renderings, 5096, 9096, and 100% Plans (PDF, Five half-size, Two full-size and one set of signed Mylors), Specifications
(PDF, Word, and five bound hard copies) Estimate (PDF, Excel and five hard copies), Review Comment/Response
Matrix
TASK 9 - LANDSCAPE DESIGN
Task 9.1 Planting and Irrigation
Utilizing the Sunset Ridge Park Plans, and other successful public open space properties such as the Civic Center
Park as references, ADL will prepare a plant material palette for staff review and consideration. This initial list of
possible plants to be considered will be developed based upon observed local success, ease of maintenance, water
requirements, Staff and Maintenance personnel preference and ability to reinforce the project theme.
The current plan anticipates a significant amount of Loffelstein retaining walls, many of which are intended to be
planted. ADL will work closely with the City to carefully identify only plant and irrigation materials and components
to maximize plant success with this challenging feature. All plant suggestions will be supported with photos and
characteristics information to aid in the evaluation and final selection prior to the preparation of the ultimate
planting construction documents. Additionally, ADL will work with the City to develop and refine an irrigation
component list to identify all proposed irrigation products, manufacturers and models prior to the preparation of
detailed plans and water compliance calculations.
Task 9.2 Hardscape Features Manual
ADL will identify and present hardscape feature options to the City for their review and consideration. Elements
such as site furniture, paving type and color, custom designed elements as well as plant material and irrigation
components will all be considered. Upon selection and determination of the preferred elements, ADL will catalog
and package the components into a Project Features Manual with pictures, sketches, model numbers, textures and
colors for both a record of the design refinement process but also a guide in the preparation of the final
construction documents.
Task 9.3 Hardscape Features Design
Early in the process, ADL will develop an overall theme for the project that will serve to guide the team through
the design and refinement of the site features, orientations, access, circulation, paving patterns, view opportunities,
landscape characteristics, plant selections and how all this ties to and serves as a gateway to an existing adjacent
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park, as well reinforces a new dramatic pedestrian and bicycle bridge. ADL will seek to create a thread that will tie
all these elements together in a creative, playful and efficient manner.
Palettes or collections of site furniture including benches, seating, bollards, railings, fencing, signage and lighting
will be assembled and presented to Staff for review and consideration. Materials, textures and colors will be key
components to unifying the design and overall success of the project. Final consensus will be documented in a
Features Manual, (Task 9.2 above).
Utilizing the conceptual site plan provided by the City, ADL and Dokken will explore alternative site layouts to
improve the overall design, increase parking yield, decrease construction costs and add value to the project.
Additionally, our team will prepare a diagrammatic pedestrian and bicycle circulation plan to assess patterns for
efficiency and safety and to minimize potential conflicts at key locations where these paths are targeted to intersect
or coexist. Also, we would like to consider adding a staircase and ADA complaint pedestrian/ bike ramp closer to
the intersection with Superior Avenue, allowing a more convenient connection to cross to the west side of Pacific
Coast Highway.
Deliverobles: Landscape and Irrigation plans, specification and estimate, Features Manual, Hardscape plans,
specifications and estimate
TASK 10 - TRAFFIC SIGNAL MODIFICATION AND CALTRANS ENCROACHMENT PERMIT
Dokken will request the as -built plans for the traffic signal at the intersection of Pacific Coast Highway and Superior
Avenue. Using the as -built plans as our existing base file, Dokken will prepare the modified design of the traffic
signal that will also take into account the future widening of PCH. A Caltrans encroachment will be required to
authorize the City to perform the construction improvements within the Caltrans right of way. Dokken will
coordinate with Caltrans and submit an encroachment permit application with the PS&E once the 90% plans are
approved by the City. Dokken will continue our coordination with Caltrans to secure the Encroachment Permit in
a timely manner for the City to advertise the entire project.
Deliverables: Traffic Signal Design, Encroachment Permit
TASK 11 — BIDDING AND CONSTRUCTION SUPPORT
Task 11.1 Advertising/Bidding Support
Dokken shall include all tasks necessary during the advertising/bidding phase of the project, including, but not
limited to:
a) Copies of Drawings and Contracts Documents — The City will have copies of the design drawings and
Contract Specifications reproduced for advertising purposes.
b) Pre-bid Meeting — Dokken shall attend the pre-bid meeting.
c) Questions and Addenda During Advertising — Dokken shall answer questions regarding the Technical
Provisions, the design drawings, or conflicts in the design during the bidding process and pre -construction
meeting. Dokken shall assist the City, at no charge, in preparation of Addenda regarding omissions or
conflicts in the design.
Deliverable(s): Copies of Drawings and Contract Documents; Pre-bid Meeting, Clarification of Documents and
Preparation of Addenda
Task 11.2 Construction Support
Dokken shall during the construction phase of the project:
a) Meetings — Dokken shall attend the pre -construction meeting and informational meetings with
stakeholders.
b) Questions during Construction and Requests for Information (RFIs) — Dokken shall answer questions
regarding the Technical Provisions, the design drawings or conflicts in the design during construction, and
assist the City in issuing Change Orders (COs) regarding omissions or conflicts in the design, at no charge
to the City. Dokken shall provide responses to RFIs, as requested by the City.
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c) Contractor Submittals - Dokken shall review Contractor submittals, including shop drawings, as requested
by the City.
d) Plan Revisions - Dokken shall prepare plan revisions requested by the City, to accompany change orders,
etc.
e) Record Drawings - Dokken shall incorporate all redline comments prepared by the Contractor and Project
Inspector on the signed design Plans. The Record Drawings shall be provided to the City and approved
prior to the release of the final progress payment. Dokken shall also provide electronic Record Drawings
in AutoCAD format and Specifications in Microsoft Word to the City.
Deliverable(s): Meetings; Clarification of Documents and Responding to RFI; Review Contractor Submittals, Plan
Revisions, Record Drawings
Scope Assumptions:
1. The Conceptual Design prepared by TY LIN and approved by the City Council will be the basis of the
design.
2. No fundamental design chances to the 50% design of the bridge structure and railings will be required.
3. No additional bridge design concept alternatives will be required
4. Additional formal Design Review Hearings by the City will not be required
e.
°�r.rroxK�P
TEAM ORGANIZATION
"BLUE font indicates key staff
F �Y1 PART
Sr'
n
U �: x
ANDY TRAN, PE
SUPERIOR AVENUE OVERCROSSING
AND PARKING LOT
PPOJECT MANAGEP
JOHN KLEMUNES, PE, ENV SP
Chris Thomas, PE, QA/QC
Mark Tarrall, PE Rob Burns, PE, SE
Civil Design Project Engineer Structures Project Engineer
Civil Design
Darwin Cruz, PE
Frank Flores, PE
Electrical
Michael Greer, PE, TE
Landscape Architecture
Anthony Lawson, RLA (ADL)
CaltranS Liaison
Tim Osterkamp, PE
Structures
CharlesTornaci, PE
Fortunato Enriquez, PE
Survey
Lisa Henstridge Spivak. PLS (GSI)
Tim Fetting, PLS (GSI)
Utility Coordination
Jena Addenbrooke PE
Architect
Donald MacDonald (MA)
Geotechnical Hydrology/ Hydraulic/
Water Quality
Alahasvaran Thurairajah, PE. GE (EMI) Pamela Dalcin-Walling,
Eric Qrovcri. PE. GE {Et 11j PE,QSD/P
Ashley Orsaba-Finders,
PE, QSD/P
Shawn Kenney, QSD/P
Subconsultants
ADL Planning Associates (ADL)
Earth Mechanics, Inc. (Elvil)- DBE
Guida Surveying, Inc. (GSI)
MacDonald Architects (MA)
MIL
21-225
EXHIBIT B
SCHEDULE OF BILLING RATES
Dokken Engineering Page B-1 21-226
-iF�QJF'�RT
�'�Lifioa��r
SUPERIOR AVENUE OVERCROSSING
EXHIBIT B
FEE SCHEDULE - $919,890
AND PARKING LOT
NAME
DOKKEN ENGINEERING
CATEGORY
RATE (PER HOUR)
John Klemunes, PE, ENV SP
Project Manager
$278.49
Mark Tarrall, PE
Civil PE
$234.52
Rob Burns, PE, SE
Structures PE
$199.34
Pamela Dalcin-Wallin , PE, QSD/P
H drolo /H draulics/Water Quali
$211.07
Michael Greer, PE, TE
Electrical
$184.58
Tim Osterkam , PE
Caltrans Liaison
$234.52
Senior Engineer
$196.41
Associate Engineer 2
$152.44
Associate Engineer 1
$134.85
Assistant Engineer 2
$114.33
Assistant Engineer 1
$95.74
Senior CADD
$172.96
CADD
$117.26
GUIDA SURVEYING,
CATEGORY
INC.
RATE (PER HOUR)
Task Lead
$175.00
2 Man Survey Crew
$275.00
Survey Analyst
$135.00
Project Surveyor
$150.00
PLANNING
CATEGORY
ASSOCIATESADL
RATE (PER HOUR)
Principal
$175.00
Landscape Lead
$140.00
Designer/Planner
$95.00
Assistant
$75.00
NAME
MACDONALD ARCHITECTS
CATEGORY
RATE (PER HOUR)
Donald MacDonald
Principal Architect
$280.00
Steve Line
PM/Senior Architect
$244.47
Eric Birkhauser
Senior Designer
$122.05
Visualization & CADD Tech
$116.23
Clerical
$84.00
IN
21-227
04
F
0'111IFOB o"
SUPERIOR AVENUE OVERCROSSING
AND PARKING LOT
EARTH MECHANICS,
CATEGORY
INC.
RATE (PER HOUR)
Principal Engineer
$270.42
Task Lead
$146.93
Project Geologist
$139.12
Senior Technician
$125.05
Staff Engineer
$100.82
Dokken will complete the scope of work as described in Exhibit A for a not -to -exceed fee of $919,890.
21-228
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council, boards
and commissions, officers, agents, volunteers, employees and any person
or entity owning or otherwise in legal control of the property upon which
Consultant performs the Project and/or Services contemplated by this
Agreement.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract (including
the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Dokken Engineering Page C-1 21.229
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
D. Professional Liabilitv (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and two million dollars
($2,000,000) in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the Effective Date of this Agreement and
Consultant agrees to maintain continuous coverage through a period no
less than three years after completion of the Services required by this
Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement or shall specifically allow Consultant or
others providing insurance evidence in compliance with these requirements
to waive their right of recovery prior to a loss. Consultant hereby waives its
own right of recovery against City, and shall require similar written express
waivers from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement shall be included as insureds under such
policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which ten
(10) calendar days' notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
Dokken Engineering Page C-2 21-230
A. Evidence of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Consultant shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Consultant maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
E. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
Dokken Engineering Page C-3 21-231
F. City Remedies for Non -Compliance. If Consultant or any subconsultant fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Consultant's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Consultant or reimbursed
by Consultant upon demand.
G. Timely Notice of Claims. Consultant shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Consultant's
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
H. Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
Dokken Engineering Page C-4 21-232
Attachment
Public Comments
21-233
From: Tran. Andv
To: Lindeman, Marie
Subject: FW: Proposed Dog Park / Superior & PCH
Date: Tuesday, November 12, 2019 12:48:33 PM
fyi
-----Original Message -----
From: Rieff, Kim <KRieff@newportbeachca.gov>
Sent: Tuesday, November 12, 2019 12:14 PM
To: Tran, Andy <ATran@newportbeachca.gov>
Cc: Mulvey, Jennifer <JMulvey@newportbeachca.gov>
Subject: FW: Proposed Dog Park / Superior & PCH
-----Original Message -----
From: Allison Danielson <allison25@ymail.com>
Sent: Tuesday, November 12, 2019 12:10 PM
To: Dept - City Council <CityCouncil@newportbeachca.gov>
Cc: bstroh@landrylaw.net; Avery, Brad <bavery@newportbeachca.gov>
Subject: Proposed Dog Park / Superior & PCH
To Whom It may Concern:
I am writing as a concerned individual that resides at 230 Lille Lane, Newport Beach, CA, complex near Superior &
Ticonderoga regarding the proposed Dog Park.
The proposed Dog Park is right by a complex that is a No Dog complex, Villa Balboa. Unfortunately there are
renters / owners at this complex that have fraudulently represented oneself either verbally or in writing to be the
owner of a 'guide dog' or service dog' which is by no means the issue of the City or the proposed Dog Park, but
unfortunately this proposed Dog Park will more than likely entice more dog owners to move into this complex and
fraudulently represent their dog as stated above. California Penal Code 365.7 PC which covers dog fraud.
It has been mentioned that there has been no complaints regarding other dog parks. That is because the other Dog
Parks are NOT near any homes as this one will be in close proximity to Villa Balboa Complex and the townhomes
facing the ocean off of Ticonderoga. The barking of dogs will be able to be heard at these 2 complexes.
No one was notified in Villa Balboa Complex EXCEPT for the 220 Paris Building. This proposed dog park will
increase dogs, human traffic and automobile traffic, the automobile traffic is already hugely congested in that area,
we definitely do not need more traffic. Everyone in the Villa Balboa, Versailles Condominium Complex and the
homes off of Ticonderoga, basically everyone in District 2 should be aware and notified of this proposal.
I do hope that the City Council of Newport Beach considers all of the above information and makes the correct
decision in not developing the Dog Park at this location.
Respectfully submitted
Allison Danielson
230 Lille Lane
Newport Beach, CA
21-234
From: Andrea Ells
To: DDe t - City Council
Subject: Re: Dog Park at Sunset View Park
Date: Wednesday, October 16, 2019 11:09:32 PM
From: Andrea Ells
Sent: Wednesday, October 16, 2019 8:19 PM
To: citycouncil@newportbeach.gov
Subject: Dog Park at Sunset View Park
Dear Council Members,
I strongly oppose the proposed dog park at Sunset View Park. The idea of an off leash dog park
so close to so many residences is absurd. It exposes the nearby homes/families to additional
noise, fleas, noxious odors and zoonotic infections and quite possibly a hangout spot for
unscrupulous characters.
It does not go unnoticed that the only off leash dog park in Newport is at the Civic Center- not
close to the residential area. As a life long Newport Beach resident who has lived in Cliff
Haven, Balboa Island, CDM, the Peninsula and Bay shores, I am well aware of Newport Beach's
own "caste system", this part of West Newport has always been disrespected. I know of some
lovely parks elsewhere that would make for great dog parks, and much easier to access.
However, I understand you are looking for something up this way. How about the unofficial
dog park at the river jetty? It can be diverted down a small stretch of beach away from the
area of the Least Tern nesting area.
I implore you to look at alternatives that will not impact such a large number of homeowners.
Respectfully,
Andrea Ells
21-235
To: Andy Tran, Senior Civil Engineer, City of Newport Beach, Public Works 10/21/19
Dear Mr. Tran,
I am a long time resident of Newport Beach, California. I have lived at Newport Crest
for the past thirty years. I use Sunset Ridge Park on a daily basis. As you are aware
the Sunset Ridge Park was originally conceived as a "passive" park for visitors to enjoy
walking trails and views from the park. The baseball diamond and soccer field was
added as an adjunct at the behest of the Newport Beach Parks and Recreation
Department.
Currently, Sunset Ridge Park is being used exactly as intended. Visitors come from
surrounding communities to enjoy the views, walk the trails, walk their dogs and use
the recreational facilities. Adults and youths involved in competitive sports use the
park. Sunset Ridge Park and Sunset View Park are perfect just the way are now.
There is absolutely no need to expand the parking lot, construct a new dog park or
build a pedestrian bridge. This project will be a huge cost to the taxpayer.
The Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project is a
solution looking for a problem. There is no problem. The Project should be opposed
for a number of reasons, some of which include the following:
1. A major reason to oppose this proposed Project is the cost. There is no need to
spend five million or more dollars of taxpayer funds on this Project. It does not
matter if the money is local, state or federal. It is still taxpayer funds.
2. The parking lot below Sunset View Park has 64 parking spaces and does NOT
need to be enlarged or modified. The current parking lot is never full and
infrequently used. The only time the lot is full is on the Fourth of July and Labor
Day. When there are sporting events at Sunset Ridge Park the lot is not full. Many
of the parents who have youth playing at sporting events drop their youths off and
do not park in the lot.
3. There is no need to build a .3 acre dog park. Currently, there is ample opportunity
for visitors at both Sunset Ridge Park and Sunset View Park to walk their dogs.
Any visitor to Sunset Ridge Park and Sunset View Park will see a number of
visitors walking their dog(s) and enjoying the park. Visitors do not typically drive to
a park to walk their dog. They walk from surrounding neighborhoods with their
dog to the park.
4. The proposed Superior Avenue Pedestrian and Bicycle Bridge is not needed. The
proposed bridge is not needed because it will not significantly decrease the time to
get to the park or decrease the distance to access the park from the parking lot.
Visitors typically walk to Sunset Ridge Park and Sunset View Park from
surrounding communities. The majority of visitors do not access Sunset Ridge
Park from the parking lot. Visitors can park in the current parking lot and easily
access Sunset Ridge Park via Pacific Coast Highway.
21-236
5. To address the safety concerns for visitors accessing the Sunset Ridge
Park from the parking lot, it is suggested that the duration of time for the signal for
crossing the intersection at Pacific Coast Highway and Superior Avenue be increased.
Additionally, warning lights should be embedded in the asphalt at the intersection. The
lights then could be activated by a pedestrian. For a very modest cost, this would
greatly improve pedestrian safety and visibility.
6. According to the Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot
plan, there will need to be extensive grading and earthwork which will contribute to air
pollution. The elevated area at the base of Sunset View Park will be leveled. In the
process of the building and completion of the dog park, native flora and vegetation will
be destroyed. The existing slope that is used by many visitors to relax, view sunsets
and take pictures will be destroyed. The local wildlife including squirrels, jack rabbits,
cotton tail rabbits, coyotes, etc will be displaced. Protected species including the
coastal California gnatcatcher and burrowing owl may be affected by the Project. The
negative environmental impact resulting from this project would be irreparable. The
result could include possible loss of animal life and disruption of the adjacent
ecosystem. The project will significantly alter the local habitat. The addition of a dog
park near Sunset View Park will increase noise pollution, light pollution, and possibly
increase the spread of disease from dog feces.
In summary, the City of Newport Beach should not approve a Coastal Development
Permit (CDP) or approve a Mitigated Negative Declaration (MND) for the Superior
Avenue Pedestrian and Bicycle Bridge and Parking Lot. The project is costly and
unnecessary. The California Costal Commission should not approve a Coastal
Development Permit Amendment for this project.
Please notify me by US mail of any future public meeting regarding the Superior
Avenue Pedestrian and Bicycle Bridge and Parking Lot Project.
Sincerely yours,
Barry Macpherson
15 Mojo Court
Newport Beach Ca 92663
21-237
From: Betty Stroh
To: Dept - City Council
Subject: Dog Park/Sunset View Park
Date: Monday, October 14, 2019 4:32:56 PM
To whom it may concern:
In October 1999 I purchased a condo at 230 Lille Lane. The main reasons I bought in that
complex were:
1. It's a "no dog" property, and
2. My building abuts a scenic walkway/bluff where I frequently walk.
Many of my neighbors also live there for the same reasons.
Though my unit does not face the bluff, I constantly hear barking dogs that are being walked
there.
Further, on my frequent walks, many of the dogs I encounter are not leashes ( in spite of a
leash law). They have jumped up on me and sniff around. I am scared of dogs, having been
bitten as a child.
Also, very often the dog -walkers do not pick up after their animals! I do not appreciate having
to dodge feces on the walkway or the grassy areas.
Please note my opposition to a dog park in my vicinity.
I am having surgery at 8 am Tuesday, October 15 or I would definitely be at that meeting to
have my opinions heard.
Please feel free to contact me regarding any questions you may have.
Sincerely,
Betty Stroh
Attorney at Law
Law Offices of Betty Stroh
3419 Via Lido #490
Newport Beach, CA 92663
(949) 478-5955
BellyStrohLaw&gmaiL comcom
21-238
From:
CJ Gehlke
To:
Dept - City Council
Cc:
"Mark Wilser"
Subject:
Air Show and PCH/Superior
Date:
Wednesday, October 09, 2019 4:10:27 PM
PS.. Just an additional thought.. the Air Show was this weekend.. that corner is used by residents to
maximize the incredible view opportunity with the elevation being so high there.. this weekend, the
fourth of July.. and most every weekend.. along with every time there is a beautiful sunset. People
can easily park in the lot of Superior, and they bring chairs, towels.. soft drinks and food.. The
residents are telling us what they want there..
Consider: a police substation as that corner and surrounding area is in need of a police presence
both for traffic and thefts.. an extended grassy area with picnic tables and places to sit and enjoy the
view with friends and a gathering that is too big for a small park bench further down the walkway.
That area has the most magnificent view due to its elevation ... far better than any place in the park
across the street. Dogs in a dog park do not appreciate the view...
Please consider making this area view and safety based... a police substation and a place for people
to gather to enjoy the view and sunsets year round. View is far superior to the parks all lower
elevation.
Thank you!
Hello Diane Dixon and City Council..... thank you for your work on behalf of our City. By way of
introduction, I consult by profession on highest and best use issues for developers and lenders
nationwide, and have done so for over 30 years. So I bring some experience to my suggestion.
A request for consideration for the highest and best use for the corner of PCH and Superior with
both present fatalities and accidents on that corner and the future Banning Ranch project is:
Police Sub -station. There is no police presence on this side of Newport. The quick response to the
accidents and thefts here would be such a great thing for the community. A sub station was
previously proposed as part of the community center idea. At that time, the voices from the
neighborhood were loudly hoping that if anything proposed were resisted, the corner might be left
alone. That corner is too expensive and high value dirt to leave alone. It will be developed. So to
suggest what might service the community best with the dangerous corner in mind would be a far
better response than simple and repeated opposition.
It is my understanding that the Police Dept could be approached again, as they were involved
previously on the prior plan to incorporate a substation there, asking for support for a substation.
Less traffic, less pedestrians, presence both at the ready when needed and a visual deterrent to the
problems currently occurring on that corner. Not one day goes by that on my twice daily walk I am
nearly run down by a car blowing through a red and cars speeding through nearly hitting
pedestrians. A cash infusion could be the result of the ticket potential from both unleashed dogs in
both adjacent parks and the constant traffic infractions on that corner.
Please redirect attention to a police substation as an alternate concept which would be highly useful,
life saving and provide much needed support for the upcoming development next to the Ridge Park
as well.
Thanks for letting me help you today!
C1 Gehlke, CEO/Founder
licensed since 1979 DRE No. 00803243
REO Nationwide, Inc.
Beneficial RE Inc.
21-239
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www.reonationwide.com
Office: Newport Beach, CA 92663
Mail: 1927 Harbor Blvd. Suite 100
Costa Mesa, CA 92627
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phone: 888.700.0868 x 326
fax: 888.700.0868
Linkedln: www.linkedin.com/aub/carol-iean-%22ci%11-aeh/ke/a/915/714
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you feel compelled to refer people you respect to us. The greatest
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21-240
From: Doug Tamkin <dtamkin @artivation.com>
Sent: Wednesday, October 23, 2019 10:07 AM
To: Tran, Andy
Subject: Dog Park Initial Study Comments
Attachments: BH Dog Park.JPG
Dear Mr. Tran,
The Draft Initial Study for the proposed dog park at lower Sunset View Park admits that it obtained its
dog park noise data from the study that Beverly Hills did for their dog park. This "Draft Initial Study -
Mitigated Negative Declaration City of Beverly Hills Dog Park Project" reveals that its author, Rincon
Consultants, Inc., took its noise measurements at a "comparable off -leash dog park in Santa Barbara,
California." So we have Newport Beach borrowing its assumptions from Beverly Hills, which based its
assumptions on a dog park (at Tucker's Grove Park) in Santa Barbara. The six nearest residences to that
Santa Barbara dog park range in distance from 150 feet to 300 feet, but are single-family homes that are
shielded by abundant mature tree growth between them and the park. Of most concern, however, is
that Newport Beach's assumptions are in essence only theoretical projections of how the noise from
barking dogs is predicted to combine with ambient noise levels. A real-world noise study has yet to be
conducted by NB that takes into account the actual perceptual impact the noise from the dog park will
have on the residents adjacent to this unique location. Most of the data and conclusions compiled by all
of these reports, including that of Newport Beach, appear to focus primarily on the impact of
construction -related noise during a project's development, but then become more speculative with
respect to the project's actual use. They fail to acknowledge the annoyance of, for example, barking
dogs on a Sunday morning. Furthermore, ambient background noise levels are not constant, and
frequently diminish enough for transient sounds, i.e.
barking, to become prominent.
The Beverly Hills dog park is surrounded almost completely by buildings that are commercial in nature,
including an auto dealership, a city vehicle and facility maintenance center, an animal shelter/hospital
and other businesses. The nearest residences are no closer than 650 feet from the dog park. All of this is
on level ground, and the commercial buildings create a sound -blocking shield around the dog park that
protects the residences from line -of -sight sound transmission. The only line -of -sight path is northward
along Foothill Rd., but the very few homes at the end of that path are in excess of 700 feet away and are
across heavily -traveled Santa Monica Blvd. This situation is hardly analogous the proposed location at
lower Sunset View Park. The uphill location of the facing residences at Villa Balboa presents numerous
unimpeded, line -of -sight opportunities for nuisance noise to be experienced by a large number of
people. It will not be fair to these residents if their peace and quiet is ultimately compromised by
assumptions drawn from a borrowed report on a very dissimilar set of specifics. At the very least,
Newport Beach needs to devise their own testing methodology that attempts to replicate the actual
conditions of the proposed site.
(Attached is an image from Google Maps depicting the above-described line -of -sight sound path at
Beverly Hills Dog Park.)
Respectfully,
Douglas Tamkin
Villa Balboa
21-241
OFA
BH Dog Park.JPG
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— ---------
From: Jori Slatin
To: DDe t - City Council; Dixon. Diane; Avery. Brad; Duffield. Duffy; Muldoon, Kevin; Herdman, Jeff; O"Neill, William;
Brenner. Jov; ssvdogparkCabgmail.com; Ryan Darby
Subject: Proposed Dog Park on Superior Avenue
Date: Tuesday, October 15, 2019 10:30:36 AM
Attachments: pdfshare.pdf
Dear Mayor, Council Members and Ryan Darby from Action Life Property Management,
I AM OPPOSED TO THE DOG PARK PROPOSED FOR SUPERIOR AVENUE, right
in our "backyards."
Attached below is a letter detailing why the proposed dog park is a really poor choice for this
location.
If you have any questions or concerns, kindly contact me.
Respectfully submitted,
Jori Slatin
Jori Slatin
Jori Slatin Realty and Investments
Designated Broker
Cell: 602 321 0068
Fax: 866 910 2429
Celebrating 45 Years of Serving YOU!
CONFIDENTIALITY NOTICE: This email message, including any attachments, is for the sole use of the intended
recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or
distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and
destroy all copies of the original message
21-243
Jori Slatin
270 Cagney Lane, #205
Newport Beach, CA 92663
Cell: (602) 321-0068
Fax: (866) 910-2429
Email: iorislatinagmail.com
October 15, 2019
Ms. Diane Dixon, Newport Beach Mayor
Mr. Brad Avery, City Council Member
Mr. Duffy Duffield, City Council Member
Mr. Kevin Muldoon, City Council Member
Mr. Jeff Hardman, City Council Member
Ms. Joy Brenner, City Council Member
Mr. Will O'Neill, City Council Member
Via email: citvcouncil(@newgrtbeachca.aov
CC:
Villa Balboa Home Owner's Association
C/O Ryan Darby
RDarby@actionlife.com
Re: Proposed Dog Park on Superior Avenue
I have been made aware of a proposed dog park which is included in the lower sunset
view park conceptual design by a group of very concerned homeowners. This dog park
is just steps from our Villa Balboa homes. I am apposed to this dog park. For its entire
forty year existence Villa Balboa CC&R's and rules have prohibited dogs and the HOA
board has gone to considerable length to not modify any rule as this would jeopardize
this grandfathered "no dogs" rules. I purchased my home with this as a major
consideration.
I never received any notice that the city was going to hold a meeting on August 6th,
2019. 1 have only just now heard of this proposal do to the diligence of a concerned
citizens group of Villa Balboa homeowners. The first formal notification was given by
mail to very few of the residents even though the value of all of our homes will be
affected. This is the first I have been able to object.
A good dog park environment is also a good homeless person environment. A good
dog park will include shade and benches, as does the one at Newport Civic Center.
There is already a homeless problem along the stretch of PCN near the proposed dog
park and even in the current parking lot at the corner of Superior and PCH, as anyone
who has walked there will have noticed. A dog park may encourage homeless persons
to venture further up the hill from PCH. On July 11, the LA Times/Daily Pilot reported
that Ruth Sanchez Kobayashi told City Council of a family member who recently found
the cap of a hypodermic needle at the east Newport Beach dog park, as she discussed
the city's growing homeless problem.
21-244
I love dogs_ However, the proposed dog park will add further foot traffic to and from the
often utilizing sidewalk between Sunset View Park, the Hoag Hospital property and Villa
Balboa. Many families walk, playing with their children and infants their safety will be put
at greater risk of disease and infestations of fleas and other insects.
I oppose the dog park and I ask for your no vote. The Villa Balboa is a highly desired
community with its pride of ownership, fabulous ocean views, fresh breezes and quiet
serenity_ Let's keep it that way.
Most sincerely,
Jori Slatin
Villa Balboa Homeowner
21-245
From: Karen Kimball
To: Dept - City Council
Subject: Proposed Dog Park by Sunset View Park
Date: Friday, October 11, 2019 9:14:23 AM
Dear City Council, Please read our email below. We believe the best use of this land would be
to make the parking lot as large as possible to support activities at Sunset Ridge Park. Thank
you for considering our input in this matter! Karen and Doug Kimball
Begin forwarded message:
From: Karen Kimball <ddywarbux anamail.com>
Subject: Proposed Dog Park
Date: September 11, 2019 at 8:04:25 PM PDT
To: SVVDogParkna amail.com
We are homeowners in the condominium complex, Villa Balboa. We have
learned that there is a proposal for a dog park adjacent to Sunset View Park. We
would like to voice that we are opposed to this proposal. We were concerned
when Sunset Ridge Park was completed and there was not parking provided. So
we are supportive of the parking lot on the south/east corner of Superior and
Pacific Coast Highway (PCH) being enlarged and a pedestrian bridge being built.
However, we don't believe this parking lot would be able to support the additional
activity of a dog park. We are also concerned that Superior and PCH are
extremely busy streets and that any dog that might accidentally get lose could be
hit by a car and/or cause a serious car accident. Please consider these reasons and
do not put a dog park in this location. Thank you, Karen and Doug Kimball, 950
Cagney Lane, Newport Beach, CA 92663.
21-246
Lindeman, Marie
From: Lisa Kling <lkling06@hotmail.com>
Sent: Monday, October 07, 2019 8:03 PM
To: Dept - City Council
Cc: ssvdogpark@gmail.com
Subject: dog park
I am opposed to installing a dog park on Superior Blvd. I prefer that it be installed across the street on the
north side of the Sunset Ridge park.
21-247
Lindeman, Marie
From: Spiro Stameso. <sstameson@road run ner.com>
Sent: Saturday, October 12, 2019 12:03 PM
To: SSVDogPark@gmail.com
Cc: Dept - City Council
Subject: sunset View Dog Park
The Villa Balboa residents have in their community R & R's a no dog allowed policy for over 25 years! It is very important
that this policy be maintained and that no dog park be allowed to be developed next door to us. The establishment of
this dog park is not in the interest of the Villa Balboa Residents and my wife and I strongly opposed it. Please don't waist
tax payer money for something the residents adamantly oppose!
Louise and Spiro Stameson. 210 Lille Lane
Sent from my Wad
21-248
From the Desk of Mali Saatchi
October 3, 2019
Newport Beach City Council
100 Civic Center Dr
Newport Beach CA 926660
Re: Proposed Dog Park at Sunset View Park
To Whom It May Concern:
My name is Mali Saatchi and I have been a resident of Newport Beach since 2005. Since that
time I have resided at the Villa Balboa condominium complex directly across to the Sunset View
Park. I am a dog owner and animal [over.
For decades, Sunset View Park was nothing but a strip of dirt. It was only after fruitful
cooperation of the community that we were able to successfully encourage the City of Newport
Beach to convert the space into a peaceful and tranquil public space for all to enjoy.
Despite the larger Sunset Ridge Park being across Superior Ave, Sunset View Park is daily visited
by families, Doctors, nurses and patients of HOAG Hospital, and others seeking to enjoy the
tranquility of the park, fresh air and breathtaking views. Every Fourth of July hundreds of people
line the park to enjoy the fireworks from near and far and spending time in this amazing space
with best unobstructed views. During the Huntington Beach airshows, again hundreds use this
park to enjoy the spectacular aerial shows our brave armed forces put on.
My home is directly above the park, and from every room in my home I am able to see the
diverse people that enjoy what the park has to offer. Every Saturday group of ex- patients from
the HOAG who otherwise have no access to expansive green spaces are able to walk, by
wheelchairs or getting support from a friend come to the park and safely take in the scenery
and fresh air. Families frequently come with their young children because this park is safe and
away from the street,. Community members use the park as part of their exercise or relaxation
routines.
1 am writing this letter to the respected City Council and Mayor of Newport Beach in Opposition
to the proposed dog park at Sunset View.
The neighboring communities along Superior Avenue already must contend with heavy traffic
and the air pollution and noise caused by this traffic. By extending the parking lot and
converting portion of the Sunset View Park to a dog park, the City will be creating a public
burden.
The homes immediately surrounding the park are mainly condominiums, and at this very few
large dogs frequent the park. There is a large Sunset Ridge hark across the Superior Avenue and
every day the dog owners take advantage of the long walk with their dogs, considering a dog
Page 1 of 3
21-249
From the Desk of Mali Saatchi
park on the beach and another park 10 minutes away near the Orange County Fairgrounds. A
dog park at Sunset View would not benefit the local community as the park itself is situated in
such a way as to be inconvenient to reach, with no immediately accessible parking. Expansion of
the parking lot would serve beach goers more than the proposed dog park itself. This will create
increased traffic congestion on an already congested road, and also create a situation where
non-residents will use the residential streets to park their vehicles.
This proposed dog park also creates a health and safety hazard for the community. Superior
Avenue, as it meets Pacific Coast Highway, is already traffic jammed and accident prone. Nearly
weekly there are significant accidents on this two block stretch of road due to the curvature.
Placement of a dog park at this juncture is a public safety hazard as dogs may dart into
oncoming traffic. Animals that may not otherwise be aggressive may be startled by the constant
vehicle traffic, horns, and other loud noises, creating a liability for the City and residents. It is
unlikely that the City can enforce or otherwise secure the park 24/7 without creating a further
burden on the City's police department. Dog parks that are so enclosed, and "off the beaten
path", may become a target for crime and vandalism.
Further, there is a health hazard created by a dog park in such close proximity to homes.
Even at the construction of Sunset View Park, myself and my neighbors had to make repeated
calls to the City of Newport Beach to have the lid of the one and only trash can installed on SSV
reoriented so that the smell of the trash did not blow directly into our homes. Despite this, in
the heat of the summer, the overwhelming smell of garbage is still pervasive. Even the most
well-maintained dog parks have significant odor and bacterial issues. Maintaining dog parks are
expensive and a cost burden to the community over the long term. The smelt and presence of
urine and feces will create an environmental hazard as well as a health hazard in the hot
summer months for the local community. Dog parks have limited life spans, and must be
constantly maintained and renovated.
By converting this already Ilmited open space to a single use dog park, only suitable for a very
specific population of residents who are not underserved, the City will be removing the public
access to open spaces with clean air and removing public enjoyment.
Creation of this dog park will place an undue burden on the local community via increased
vehicle and foot traffic, hazardous conditions, and a decline in property values in the immediate
vicinity.
Dog parks do not create local jobs nor do they serve a larger community purpose by functioning
as an open and welcoming community space, considering there is ample space at the
sunset ridge for the owners to chit chat and dogs socialise in small groups. The current Sunset
View Park does function as an open and welcoming space for all in the community.
I propose the space should be converted to a green and beautiful space, not only to help the
incredible amount of environment and air pollution, but to beautify the Superior Avenue.
Page 2 of 3
21-250
From the Desk of Mali Saatchi
I thank the respected City Council for consideration of my statements as a Community member
who will he directly affected by the creation of a dog park.
With most sincere regards,
Malakeh Saatchi
200 Paris Lane, Number 314
Newport Beach, 92663
21-251
Lindeman, Marie
From: Margreta K. <galpsy00@aol.com>
Sent: Friday, October 11, 2019 12:32 PM
To: Dept - City Council
Cc: mw@globalcapitalmarkets.com
Subject: Dog Park Proposal near Sunset View Park
Honorable City Council Members:
I am a property owner of 22 years in the Seafaire section of the
Villa Balboa community that faces Sunset View Park. I wish to state
that I oppose the installation of a dog park near that location.
Please utilize that space some way that doesn't involve traffic,
obnoxious odors, and noise. Thank you for your assistance in this
request..
Dr.Margreta Klassen
230 Lille Lane #212
Newport Beach, CA 92663
21-252
Lindeman, Marie
From: Rieff, Kim
Sent: Tuesday, November 12, 2019 7:48 AM
To: Webb, Dave (Public Works)
Cc: Mulvey, Jennifer
Subject: FW: Proposed Dog Park
From: Margreta K.
Sent: Saturday, November 09, 2019 11:48 AM
To: Dept - City Council
Subject: Proposed Dog Park
Please know that as a long term resident of Newport Beach, living
in Seafaire, Villa Balboa for over 20 years, I am opposed to the
creation of a dog park near our residences, for reasons of
increased pedestrian traffic and noise.
Margreta Klassen, Ph.D.
21-253
From:
Tran, Andy
Sent:
Wednesday, September 25, 2019 7:42 AM
To:
'Michael Call'
Cc:
'Mark Wilser'; 'Deborah Gero'
Subject:
RE: What is the MND public review period? How do we make our
comments know to the decision makes?
Good morning everyone,
The MND public review period is an opportunity for the public to comment on the environmental
document that was prepared for this project. MND's include many technical studies and mitigation
measures to address potential impacts. These technical studies include noise and visual impacts to
name a few.
Feel free to send me your written comments via email or letter. We will provide a formal response at
the end of the 30 -day review period.
Thanks,
Andy Tran, P.E.
Senior Civil Engineer
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Phone:949-644-3315
From: Michael Call <onecall4alll@verizon.net>
Sent: Tuesday, September 24, 2019 5:13 PM
To: Tran, Andy <ATran@newportbeachca.gov>
Cc:'Mark Wilser'<mw@globaIcapitalmarkets.com>;'Deborah Gero' <debigero@gmail.com>
Subject: What is the MND public review period? How do we make our comments know to the decision
makes?
Andy,
What is the MND public review period? How do we make our comments know to the decision makes?
Thank you,
Michael Call
From: Tran, Andy [ ma i Ito: ATra n 00 newportbeachca. gov]
Sent: Tuesday, September 24, 2019 11:16 AM
Subject: FW: City of Newport Beach: UPDATED - Notice of Availability and Intent to Adopt a Mitigated
Negative Declaration
21-254
Good morning everyone,
I wanted to inform everyone that our environmental document (Mitigation Negative Declaration) is
currently available for public review (see below). Some of you will be receiving a notice in the mail
regarding this matter. During our community meetings back in May and June of this year, I may have
mentioned that City Council will consider the adoption of this document and the conceptual design on
October 22, 2019. This date has been tentatively postponed to November 19, 2019. The exact date of
this meeting is largely dependent on the comments that the City may during the MND public review
period. Please check the project webpage (www.newportbeachca.gov/superiorbridge) regularly for up-
to-date project information. Also, please share this email with your community members.
Thank you,
Andy Tran, P.E.
Senior Civil Engineer
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Phone: 949-644--3315
From: NoReply@newportbeachca.gov
Sent: Tuesday, September 24, 2019 10:04 AM
To: Tran, Andy <ATran@newportbeachca.gov>
Subject: City of Newport Beach: UPDATED - Notice of Availability and Intent to Adopt a Mitigated
Negative Declaration
Content Updated: This News has been previously sent out.
UPDATED - Notice of Availability and Intent to Adopt a Mitigated Negative
Declaration
Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project (PA2019-014)
Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project. The Initial Study is
available for a 30 -day public review period beginning September 23, 2019, and ending October
23, 2019.
Post Date: 09/24/2019 9:00 am
21-255
Planning Division News Splash:
UPDATED REVIEW PERIOD
NOTICE OF AVAILABILITY AND INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION FOR
THE
SUPERIOR AVENUE PEDESTRIAN AND BICYCLE BRIDGE AND PARKING LOT PROJECT
(PA2019-014)
Notice is hereby given that the City of Newport Beach (Lead Agency) has completed an Initial
Study and intends to adopt a Mitigated Negative Declaration for the Superior Avenue Pedestrian
and Bicycle Bridge and Parking Lot Project, prepared in accordance with the California
Environmental Quality Act (CEQA), and the CEQA Guidelines.
Project Title: Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project
Project Applicant: City of Newport Beach
Project Location: The proposed Project is located within the City of Newport Beach and is located
approximately 1,000 feet from the coastline in Orange County, California. The entire Project site
is within the boundary of the coastal zone as established by the California Coastal Act. Currently,
an existing City -owned parking lot with 64 metered parking stalls is located at the northeast
corner of this intersection. Directly east of the existing parking lot is an undeveloped piece of
land with steep slopes. The Project site is surrounded by the Pacific Ocean, Sunset View Park,
Sunset Ridge Park, vegetated hillsides, major roads, and residential homes. Superior Avenue runs
along the western boundary and the West Coast Highway runs along the southern boundaries of
the Project site, respectively.
Project Description: The City proposes the construction of a pedestrian and bicycle bridge
overcrossing Superior Avenue, a new larger parking lot and a fenced dog park totaling
approximately 3.4 acres in size. Due to the proximity to the coast, the area receives a significant
amount of pedestrian and bicycle traffic. Sunset Ridge Park, constructed in December 2014, is a
13.7 -acre active park with a baseball field and two soccer fields. Currently, visitors to Sunset Ridge
Park use the existing parking lot across Superior Avenue and cross at the at -grade Superior
Avenue/West Coast Highway intersection because no on-site parking is provided at Sunset Ridge
Park. The new pedestrian and bicycle ramp will provide access to the parking lot and bridge from
the north side of West Coast Highway. Additionally, the proposed Project would include the
construction of a new sidewalk/bike path from the modified parking lot entrance to the proposed
bridge. The proposed bridge would help facilitate movement of pedestrians and bicyclists across
21-256
Superior Avenue. The proposed bridge would connect Sunset Ridge Park to a new, larger asphalt
parking lot with a range of 100 to 128 parking spaces. Construction of the proposed Project would
also include the installation of a fenced dog park, separating large and small dogs, which may
include benches and trash cans. The dog park will be 0.2 to 0.3 acres in size. The dog park would
require a new water service for the water fountain and for irrigation. Security lighting at the dog
park would be down -shielded to prevent light scatter. Hours at the dog park would be consistent
with the Municipal Code which restricts park hours to between 6:00 a.m. and 11:00 p.m. In
addition, a shade structure may be installed at the dog park, approximately 10 to 15 feet in
height. The top of the shade structure would be below the Sunset View Park ground elevation
and would be designed to protect public coastal views.
Development of the proposed project would require the following approvals from the City of
Newport Beach:
• Coastal Development Permit (CDP) —To allow development of the project including the
parking lot, dog park, and pedestrian/bicycle bridge in the Coastal Zone.
• Mitigated Negative Declaration (MND) —To address reasonably foreseeable
environmental impacts resulting from the legislative and project specific discretionary
approvals pursuant to CEQA.
Development of the proposed project would require the following approval from the California
Coastal Commission:
• Coastal Development Permit Amendment —To amend the Sunset Ridge Park Coastal
Development Permit No. 5-11-302 to allow the bridge development at the existing park.
On the basis of the Initial Study, City staff has concluded that the project would not have a
significant impact on the environment and has therefore recommended preparation of a
Mitigated Negative Declaration (MND). The Mitigated Negative Declaration is based on the
finding that, by implementing the identified mitigation measures, the project's potential
significant adverse impacts will be reduced to a less than significant level.
The Initial Study is available for a 30 -day public review period beginning September 23, 2019,
and ending October 23, 2019. Copies of the document are available for review in the Newport
Beach Community Development Department, 100 Civic Center Drive, Bay B, Newport Beach,
CA 92660 between the hours of 7:30 a.m. and 5:30 p.m., Monday through Thursday, and 7:30
a.m. and 4:30 p.m. on Friday. The document is available online: www.newportbeachca.gov/cega.
Additionally, copies of the document are also available for review at the following City public
libraries during regular business hours:
*Newport Beach Public Library, Central Library, 1000 Avocado Avenue, Newport Beach,
CA 92660
*Newport Beach Public Library, Balboa Branch, 100 East Balboa Boulevard, Newport Beach,
21-257
CA 92660
*Newport Beach Public Library, Mariners Branch, 1300 Irvine Avenue, Newport Beach, CA 92660
*Newport Beach Public Library, Corona Del Mar Branch, 410 Marigold Avenue, Corona Del Mar,
CA 92625
Written comments on the proposed project must be received no later than October 23, 2019 at
5:30 p.m. to the attention of Andy Tran, Senior Civil Engineer, at the address listed below or via
email. Your comments should specifically identify what environmental impacts you believe
would result from the project, why they are significant, and what changes or mitigation
measures you believe should be adopted to eliminate or reduce these impacts. There is no fee
to submit comments. You are also invited to attend and testify at the public hearings as to the
appropriateness of this document.
The Newport Beach City Council will hold a hearing on the project at a future date in the City
Council Chambers, 100 Civic Center Drive, Newport Beach, CA 92660. An additional public hearing
notice will be sent out prior to the City Council's consideration of the project.
For further information as to the future schedule of hearings, please check:
https://www.newportbeachca.gov/government/departments/public-works/superior-avenue-
pedestrian-and-bicycle-bridge-and-parking-lot-project.
For additional information, please contact Andy Tran, Senior Civil Engineer, at (949) 644-3315
or at atran@newportbeachca.gov.
Andy Tran, Senior Civil Engineer
City of Newport Beach, Public Works Department
100 Civic Center Drive, Bay D-2
Newport Beach, CA 92660
Please note: This is an automated message from the City of Newport Beach. Subscription
preferences may be changed by accessing your News & Alerts account from the City website.
Having trouble viewing this email? View on the website instead.
Change your eNotification preference.
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21-258
21-259
Lindeman, Marie
From: Moji Faurtosh <faurtosh@gmail.com>
Sent: Saturday, October 19, 2019 6:11 PM
To: Dept - City Council
Subject: Dog Park at Sunset View Park
My Name is Moji Faurtosh and I reisde at 210 Lille Lane, Unit 212 in Villa Balboa Community. I purchased my condo in
2009 to get ready for a quiet retirement. I strongly oppose the dog park which is very close to my unit. Please make it an
extension of Sunset View Park.
Thank you Very much,
Moji Faurtosh
210 Lille Lane, AptApt 212
Newport Beach, CA 92663
21-260
Lindeman, Marie
From: P. Matheis <pmatheis@live.com>
Sent: Monday, November 11, 2019 10:19 PM
To: Dept - City Council
Subject: Opposition to Sunset View Dog Park
Honorable Mayor & City Council:
I have been a property owner continuously at the Villa Balboa Condominium complex since 1986, initially
purchasing the property because of the location and how well the development was maintained. And, while I
do not currently live there I serve as a member of the Board of Directors. The property itself is on a premier
cliff over looking the Lido Turning Basin, West Newport and the Pacific ocean. The location is truly something
special and, by Newport Beach standards, affordable.
What surprised me most about this community is that many of the people whom I saw while standing line to
buy my second condominium in Villa Balboa in 1988 (1 wanted a view) were serving on the Board of Directors
up until last year. As well, many of the homeowners that I hear from have lived here for over twenty years. It
truly is like many of the other residential community developments in Newport Beach that make this city
unique, and special. It is not simply people living in a common place, it is a community.
Because I have lived in, and worked in and for Newport Beach since 1975 1 have some understanding of the
culture of the City. One theme that has been common throughout my experience is that the City Council
virtually always voted in a manner that supported quality of life issues for the residents. Further, the
protection of the natural resource that is most finite, the water features including the Upper Newport Bay,
Newport Harbor and the oceanfront was and has been paramount. This started with the Robinson's successful
efforts to preserve the Upper Newport Bay that was destined to be ringed with high rise hotels, the rejection
of the State approved Pacific Coast Freeway through Newport Heights that would divide the city, and the
down coast development of the Irvine Coast slated at one time for 85,000 residents. Other efforts that limited
building heights to 35 feet around the Harbor, and the down zoning of 320 R-2 residential properties on the
Balboa Peninsula further illustrate my understanding.
Because the Sunset View Park has a proposed dog park at the higher elevation it will irreparably damage the a
pristine view of city property over which the City Council has complete authority to control. This damage will
certainly have a negative influence property values of the Villa Balboa complex, and by extension drive down
property tax valuation for the City as well. Unfortunately, because Newport Center and the Airport Area are
large centers of employment many of those who travel east bound on West Coast Highway from Huntington
Beach will see this poor land use decision each and every work day, further damaging the reputation of the
City.
Remember that Villa Balboa is a no dog complex. I urge the City Council to vote NO on the dog park at the
Sunset View Park hill adjacent to Villa Balboa.
21-261
Finally, as one of my volunteer duties I will be teaching at a firefighters training symposium from 18-22
November in Fresno, and unable to be at the November 19, 2019 City Council meeting regarding the proposed
dog park. I hope this communique will sufficiently serve to adequately influence your vote on this important
decision.
Sincerely,
Paul Matheis
21-262
Lindeman, Marie
From: owner <pachanga@roadrunner.com>
Sent: Wednesday, October 09, 2019 4:47 PM
To: Dept - City Council
Subject: newport beach dog park
NO NO NOH a dog park would decrease the value of our property and be an unsightly addition to the west side of
newport beach many of us have ocean view properties and this dog park will assist in destroying the views as well as
depending on wind direction, adding an unwanted odor to our area please !!
NO dog park !
Richard and June D Hunt
280 Cagney Lane
Newport Beach ca
Villa Balboa Communitiy
21-263
From:
Tran, Andy
Sent:
Friday, October 18, 2019 11:19 AM
To:
'Ryan Darby'
Cc:
Carleen
Subject:
RE: Ambient Noise
Hi Ryan,
Since this is a question on our environmental document (MND) and we are currently in our 30 -day
public review period, I will have our environmental consultant prepare a formal written response to
your question at the end of the review period. This is standard California Environmental Quality Act
(CEQA) procedure.
With that said, Table 4-21 of the MND does list existing noise levels at the 3 locations. I would also
suggest reviewing Appendix H.
Hope this helps.
Andy Tran, P.E.
Senior Civil Engineer
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Phone:949-644-3315
From: Ryan Darby <rdarby@action Iife.com>
Sent: Friday, October 18, 2019 7:58 AM
To: Tran, Andy <ATran@newportbeachca.gov>
Cc: Carleen <challstead@aol.com>
Subject: Ambient Noise
Hello Andy,
I went through the Noise Report and I see where it says it is only an additive if the noise source is within
10 dB of ambient noise levels, however I don't see where it lists what the ambient noise levels are at
Villa Balboa and that there weren't any tests done on the property like we do for Hoag Hospital to
obtain those noise levels. Can you let me know what they found the ambient noise level to be?
The point that I was trying to bring up at the meeting is that the noise levels at Villa Balboa is already
significantly higher than most of the rest of Newport Beach with the Co -Gen Plant, PCH and
Superior. The dog park, would be raising an already elevated ambient noise level for the residents.
21-264
ACTI �
f w PROPCkTY MAXAGS rAENf
1 D Lk
RYAN DARBY I COMMUNITY MANAGER
ACTION PROPERTY MANAGEMENT
2603 MAIN STREET, SUITE 500, IRVINE, CA 92614
OFFICE 1 (949) 450-0202
WEBSITE I WARD I RDARBY@ACTIONLIFE.COM
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or refer to any of our offices. Thank you.**
21-265
Lindeman, Marie
From:
S S <sellanis@gmail.com>
Sent:
Sunday, October 06, 2019 11:08 AM
To:
Dept - City Council
Cc:
ssvdogpark@gmail.com
Subject:
Sunset View Dog Park
Dear City Council:
I am a resident of 200 Paris Ln, Newport Beach, CA 92663 in the Villa Balboa complex. I am writing to state
my opposition of the Sunset View Dog Park.
I am not opposed to animals - I am opposed to the many irresponsible pet owners that I see regularly that do not
clean up after their dogs or themselves. I am part will bring these people from various parts of Orange County
who do not live here and who do not have a vested interested in keeping our community, safe, clean and
peaceful.
Most of us who live here have invested a significant part of our income into purchasing in this neighborhood
when we could have found less expensive accommodations elsewhere. We felt the investment had an excellent
return on investment because of the quality of life we currently enjoy. A dog part would diminish that quality of
life and in my opinion erode property values.
I would prefer to see an extension of Sunset View park and any aesthetic landscaping that would enhance our
existing view.
Thank you for your time.
Sandra Sellani
200 Paris Lane #316
Newport Beach, CA 92663
949.463.8683 (c)
21-266
From: Sandy <sandyfrizzell@roadrunner.com>
Sent: Saturday, October 5, 2019 3:09 PM
To: Recreation
Cc: Tran, Andy; Levin, Sean; SWDogPark@gmail.com
Subject: Lower Sunset View Park proposal
Attachments: SunsetViewPark.docx
As a resident and home owner of Villa Balboa attached is my response to the proposed dog park. Please
share this with all concerned especially the decision makers of our city. Thank you. Sandy Frizzell
21-267
October, 2019
To our city planners,
I was unable to attend the Aug. 6 meeting regarding the plans for Lower Sunset View Park. On Sept. 11
I attended the Speak Up meeting and found out where the planned Dog Park is to be build. The mailer
is deceiving. I was in disbelief! I live in Villa Balboa at 200 Paris Lane #214 on the second floor of the
most NW corner of the Paris building, Superior and PCH. From my unit I can see the Sunset View Park
from most rooms in my unit. Sunset View Park is my "front yard." And you want to build a dog park on
one of the most prized viewing locations of West Newport Beach!!! There are many better locations for
a dog park.
Regarding use of Lower Sunset View Park, adding parking is good use of this property for people to
better use Sunset Ridge Park. The most valuable part of Sunset View Park is the dirt
mound. It is enjoyed by residence every day, all day; morning, noon and especially at Sunset. People
walk, ride their bikes, put up tripods, stand and sit there to take in the beautiful views. I call it
Inspiration Point. I have many photos to show you. It would be a crime to do anything other
than to enhance this small space for its best use, THE VIEW. Let the people continue to enjoy the
spectacular views from this prime property. Please do not obstruct the view in any way.
I love dogs, but this is not the place for a dog park. We do not want the added noise, traffic and smells
of a dog park. It seems to me an easy solution is to move the Dog Park to a lower area in the lower part
of Sunset View Park toward PCH. I understand the city envisions a road to the Hoag parking lot. It is
highly unlikely Hoag will ever allow this. It is a win-win without ruining the view for visitors and
residence to put the dog park in the lower part of SVP. There should be nothing built or added to
obstruct the view. I suggest enhancing the dirt mound by adding a little walk way and some sturdy
grass, maybe even expanding it toward the CoGent Plant.
Please do not take away Inspiration Point from the residence of Newport Beach, visitors and residents of
Villa Balboa. Let us continue to enjoying our treasured views.
Sandy Frizzell
200 Paris Ln #214
Newport Beach, CA 92663
949-646-3248
sandyfrizzell@roadrunner.com
21-268
Lindeman, Marie
From: Sheryl Menes <smenes@aol.com>
Sent: Wednesday, October 09, 2019 5:57 PM
To: Dept - City Council
Subject: Dog park
Dear City Council representative,
I am a resident of the Villa Balboa Home Association, and recently found out that the land right next to my property is
being considered for a dog park.
I deeply reject this proposal!
The noise, smell and traffic are only a few of my objections. There is a huge new park across the street, how much land
does a dog need! We do not allow dogs in our condos, yet already I find my self hopping over dog poop that is left at
the park that overlooks the HOAG air condensers -
The value of our property just keeps going down. Couldn't we just enlarge the park that is already there? Or a swing
set? Or just plain old nature?
Please reconsider.
Thank you for your time.
Healthiest regards,
Sheryl
Sheryl Jakofsky-Menes MS., RDN.
"Nothing Tastes As Good
As Being Healthy Feels"
200 Paris Lane Newport Beach, California 92663
1
21-269
Lindeman, Marie
From: STEVEN SCHOENLEIN <sesinnewport@sbcglobal.net>
Sent: Tuesday, October 08, 2019 11:12 AM
To: Dept - City Council
Subject: OBJECTION TO A DOG PARK AT SUNSET VIEW PARK.
Good evening NB City Council
I have been a homeowner in Villa Balboa since 1999 and I am definitely opposed to a dog park next to Sunset View Park.
As I live in the 200 Paris Lane building and I have a direct view of Sunset View Park and it is GORGEOUS!! The proposed
area is too small of a space, too close to residences, and Villa Balboa does not allow condo owners to have dogs. It is a
very quiet and tranquil location and I sure hope it stays that way. Many of us moved here because we are allergic or have
asthma or other reasons for not wishing to be around dogs. There are a few service/companion dogs only at Villa Balboa.
It would make more sense to locate the dog park near the planned playing fields on the far side toward Huntington Beach.
There is alot of vacant land there that would be a perfect location for a dog park ..... away from residences and alot more
space to design a wonderful dog park.
Thank you.
STEVE SCHOENLEIN
200 Paris Lane #317
Newport Beach, California 92663
(714) 403-7735
21-270
Lindeman, Marie
From: Sudhir Banker <bankerfmly@aol.com>
Sent: Friday, October 18, 2019 12:34 PM
To: Dixon, Diane; Dept - City Council; Tran, Andy; Detweiler, Laura; Levin, Sean
Cc: Darby Ryan #313 Hoa
Subject: Re: DOG PARK/PARKING EXPANSION next to Sunset Ridge park
Honarable Mayor Diane, respected city council, Mr.Tran, Ms.Detweiler and all staff
Thank u very much for giving myself and all of us at Villa Balboa to giving us opportunity to meet with u all at dog park
and listen and hear us about:
-Our very strong objection to placement of Dog Park right in our front yard for specific reasons our request to place it
totally somewhere else .
- SUNSET VIEW PARK IS SUCH A UNIQUE PARK, A MOST EXPENSIVE PIECE OF REAL ESTATE ,WHERE ANNUALLY MORE
THAN 25000 People from our property of 459 units, HOAG staff and patients, neighboring residents and local and out of
city/state 'Visitors' to enjoy incredible Ocean views, fresh ocean breezes and unmatched Sunsets !!!!
-PLEASE DONOT PLACE
DOG PARK AND INSTEAD USE SAME LAND TO EXPAND SUNSET VIEW PARK.
-LEAVE A LEGACY FOR GENERATIONS TO COME AND GET COMPLIMENTS TO CITY OFFICIALS AND BLESSINGS FROM ALL
FOR GIVING MORE GREEN SPACE FOR PUBLIC USE.
Hoping to hear from you and staff a very favorable decision .
Respectfully,
Sudhir Banker
8186941777 cell
200 Paris lane #313
Newport Beach Ca 92663
Sent from my iPhone
> On Oct 15, 2019, at 12:33 PM, Rajeshbanker <bankerfmly@aol.com> wrote:
> Honorable. Mayor Diane,respected city council members, city engineer and staff at large:
> As a resident of Villa Balboa community of 449 mostly senior householders, please review our attached letter and
following and consider and approve Our request:
> -We are totally against the proposed Dog Park.This is immediately
I
21-271
> adjacent to our building (200 Paris Lane) with 54 homes and our Villa Balboa complex of 449 homes, as well as, next to
Hoag Hospital Property.
> - This was thrusted and forced upon us by a stroke of a pencil on map ,immediately adjacent to our community of 449
units residents Villa Balboa (with no Dogs policy for 40 years)and practically placed into our front yard .There is no buffer
zone,period. This will have perhaps unintentional but severe adverse consequences to health , quiet and peaceful
enjoyment by our community, as well as, annually more than 25,000 visiting peoGmail.comple , including Hoag staff and
patients in wheel chairs, enjoying daily walks, meditation, playing with children and most importantly enjoying fresh
ocean breezes and fantastic sunrise and sunsets in a quiet and peaceful environment, etc...
> -Sunset View park ,a tiny park, only a block away from ocean, was named and created for enjoyment by public to enjoy
fresh ocean breezes ,Fantastic sunsets , fireworks,air show,boat race in a very Quiet,peaceful environment with loved
ones.
> Instead, adjacent proposed dog park will bring lot of unhealthy air with foul smell and lots of barking noise pollution
and create a very unsafe location for dogs, people and traffic in and out and slow down or block emergency vehicle
traffic on Superior to and from Hoag.
> -Noise pollution of loud barking,smell,unhealthy air conditions (replacing refreshing clean ocean breezes)from my and
surrounding units will be unacceptable and any "study" city puts it in question.
> WE RESPECTFULLY REQUEST:
> - We consider you all , city fathers, as parents, using your wisdom and long range thinking To protect and
enhance the interests and rights of us public for quiet, peaceful Enjoyment for generations to come.
> - The land for proposed dog park is very precious and unique real estate and should be used for the benefit Of
people FIRST.
> - Suggest, let us create something very valuable for our many generations to come
> By increasing the size of tiny Sunset View Park and provide more green space for
> Meditation, excercise circuit, playing with children, mini picnics, enjoying
> Refreshing clean ocean air breezes ,Fabulous sunsets ,fireworks,boat and air shows in a quiet peaceful way.
> -relocate proposed dog park to a huge SUNSET RIDGE Park right across
> With lot of idle land with buffer zone and near the community where HOA has dogs
> Accepted policy.
> -Concurrently, in addition to reallocating the land for dog park to Sunset View
> Park,Reallocate land for additional parking,to expand the tiny Sunset View Park
> With more green area for ever increasing and growing need for public use above.
> (ARE YOU AWARE OF HOMELESS TENT WITH LOTS OF TRASH IN THE EXISTING
> PARKING LOT WITH ABUSIVE USE OF BUSHES AND TREES IN ADJOINING HOAG HOSPITAL FOR DAILY SANITARY
NEEDS?)
> I must mention that WE LOVE DOGS, especially we spend fun time with two dogs Buboo nearby And Lolla our sons
have .
> THIS IS NOT APPROPRIATE LOCATION FOR DOG PARK, PLEASE.
> WISH YOU WOULD HAVE PLANNED THE MEETING ON 15th October at SUNSET VIEW PARK, IN ORDER TO GET FIRST
HAND KNOWLEDGE OF THE ISSUES ON HAND.
21-272
> RESPECTFULLY,
> Sudhir Banker
> OWNER:
> 200 Paris Lane #313
> Newport Beach CA 92663
> Phone: 818-694-1777
> Email: bankerfmly@aol.com
> <DOG PARK
> Sent from my iPad
9
21-273
Lindeman, Marie
From: SURESH PARIKH <suresh_parikh@hotmail.com>
Sent: Saturday, September 28, 2019 9:41 PM
To: Dept - City Council
Subject: Fw: Proposed Dog Park on Superior Avenue
This mail is re -sent as the original email was not delivered to the recipient.
Sent from Windows Mail
From: Suresh Parikh
Sent: Friday, September 27, 2019 3:53 PM
To: citycouncilknewprtbeachca.gov, LDetweilerknewportbeachca.gov
Cc: Ryan Darby, Suresh Parikh
Date: September 27, 2019
To:
Ms. Diane Dixon, Newport Beach Mayor
Mr. Brad Avery, City Council Member
Mr. Duffy Duffield, City Council Member
Mr. Kevin Muldoon, City Council Member
Mr. Jeff Hardman, City Council Member
Ms. Joy Brenner, City Council Member
Mr. Will O'Neill, City Council Member
City of Newport Beach, CA
100 Civic Center Drive
Newport Beach, CA 92660
Re: Proposed Dog Park on Superior Avenue
Dear Ms. Dixon and City Council Members,
We have just recently become aware of the proposed dog park on Superior Avenue, which will be a
part of or next to Sunset View Park (SSVP).
We would like to go on record for expressing our COMPLETE OPPOSITION to this proposed Dog
Park.
(1) We moved into Villa Balboa (VBB) in 2016 with an assurance that VBB does not allow dogs in the
Community Association. This was one of our basis to move into VBB.
I
21-274
(2) We enjoy the use of SSVP, for an evening walk or for a daytime visit to the greens and seating
benches.
(3) The proposed Dog Park is so CLOSE to SSVP, without any buffer area between.
(4) We have never seen any enforcement of Leash Laws at SSVP or Sunset Ridge Park (SSRP)
(5) Many dog owners HARDLY pick up after their dogs have excreted, leaving smell and stench of
feces and urine.
(6) There could be harmful pathogens, parasites and diseases left from the dog feces and urine in the
air near by, which could adversely affect health of the residents living next door.
We live JUST A FEW FEET AWAY. We certainly disapprove of this proposal.
Sincerely.
Suresh Parikh
Usha Parikh
220 Nice Lane, # 315
Newport Beach, CA 92663
(949) 873-5656
suresh_parikh@hotmail.com
ra
21-275
Lindeman, Marie
From: Suzanne Utley <suzanneutley@yahoo.com>
Sent: Monday, November 11, 2019 10:51 AM
To: Dept - City Council
Subject: Proposed Sunset View Park - Dog Park
Hello,
Thank you for the opportunity to contribute to the decision making related to the proposed Dog Park, to be
located at Sunset View Park.
My husband, Andrew Keller, and I are condominium owners of 280 Cagney Lane, Unit 201 ( the condo
ownership is actually under my name only, Suzanne Utley). We've owned the condo since 2007. However we
just made Newport Beach our permanent residence 3 months ago, after my husband retired from his General
Contracting Company located in Toledo, Ohio. Living here in Newport Beach and Villa Balboa is a dream
come true. We treasure our serene location and the breathtaking views.
First of all, let me thank the City of Newport Beach for meticulously maintaining Sunset View Park and Sunset
Ridge Park. We are truly grateful. We are also thankful for our good neighbors at all the Hoag Hospital
facilities nearby.
While I want to remain very positive and grateful in my email I must say, WE ARE OPPOSED to locating a
Dog Park below Sunset View Park.
I think the idea of expanding Sunset View Park to the area below as a Green Spacebelow is tremendous. While
Hoag Hospital does its very best to maintain and seclude the Hoag facilities and the large, somewhat noisy
condensers, etc..... there is an industrial feel to the area below the northern tip of Sunset View Park. Expanding
Sunset View Park to Open Green Space, rather than the proposed Dog Park area would soften the ambience of
the entire area.
Adding a Dog Park there would add another dimension of chaos to that area. I know the City intends to
maintain Newport Beach in its most natural way. A Dog Park in that small area would diminish the natural
treasures of the area and the natural views.
Sunset Ridge Park is also a gem to be treasured. We are very thankful for the beautiful landscaping, views and
meticulous maintenance. As a local resident, I am very aware of the under use of that wonderful park. And I
know how difficult it is to get to, also the lack of accessible parking. The rendering of the additional parking
and the PEDIBIKE BRIDGE looks like the perfect solution.
21-276
Sunset Ridge would be the best location for a Dog Park. There is so much open space there. There are so many
options for location of the Dog Park, at Sunset Ridge Park. And the location would not have to impact the
ambiance treasured by the residents of Newport Crest or Villa Balboa.
A DOG PARK at Sunset Ridge Park would naturally draw more people to the park. Friends and families would
become more aware of the park and the treasure would be enjoyed.
I am looking forward to the PEDI/BIKE BRIDGE. Even though we live at Villa Balboa, Sunset Ridge Park is a
long trek for my young Grand Children and we don't go there very often. The playground at Sunset Ridge Park
is one of the best in the area. The playground is also underused and needs the love and attention of Newport
Beach families.
PLEASE, PLEASE SERIOUSLY CONSIDER LOCATING THE DOG PARK AT SUNSET RIDGE PARK.
If we can assist in anyway, please do not hesitate to contact us. And if possible, would someone please
acknowledge receipt of my email.
Grateful Residents of Villa Balboa and the City of Newport Beach,
Suzanne Utley & Andy Keller
419-346-5041
21-277
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Via U.S. Mail & Certified Mail, Return -Receipt Requested
September 19, 2019
Sean Levin, Deputy Director
Recreation and Senior Services Department
City of Newport Beach
PO Box 1768
Newport Beach, CA 92658
RE; The Villa Balboa Community Association
Objections to Proposed Sunset View Dog Park
Dear Mr. Levin:
Ref. 4. 7428
SAN DIEGO Our office is general counsel to The Villa Balboa Community Association
("Association"), a 449 -unit condominium community located immediately northeast of
the Sunset View Park off of Superior Blvd. in Newport Beach.
SAN FRANCISCO BAY AREA We are aware that the City of Newport Beach has proposed to construct a public dog
park adjacent to Sunset View Park, directly next to the Association's community. The
Association believes that this proposed dog park will have a significant and continuing
negative impact on the Association, its residents, and surrounding property values. To
date, the City of Newport Beach has not indicated any willingness to minimize the
harmful consequences of this proposed dog park to neighboring communities.
As a preliminary matter, the Association already suffers from an influx of trespassers
who regularly abuse the Association's private amenities, such as parking, to access the
City's public parks and beaches located near the community. Despite the Association's
diligent mitigation and enforcement measures, individuals routinely take advantage of
the Association's private parking to use the City's public amenities. These violations
come with significant administrative costs required to deter this harmful conduct and to
pi•Otect the Association's coo- unity. Adding a new public dog park next to the
community will further cause irreparable harm to the Association and its residents as the
indiscriminate abuse of the parking facilities will continue to mount and increase with
new public amenities being added so close to the Association.
In addition to the increase in trespass, the proposed dog park will constitute a nuisance
to the Association and its residents as feces (including airborne fecal Matter), urine,
noxious odors, and incessant dog barking will plague the residents. The Association
already experiences routine lapses in pet owner obligations to clean up after their pets
as they walk through the public access path of Sunset View Park. Nearly every single
day, afternoon onshore winds travel from the ocean towards and up the interior of
peninsula. With the development of the proposed dog park, these winds will pass
21-278
Levin
September 19, 2019
Page 2 of 2
7d28/G0775
through the dog park and direct a pervasive stream of excrement and urine odors directly through the
community every afternoon, almost without exception. Along with the nuisance odors, persistent
barking, whistles, and loud noises will affect the Association's residents at all hours of the day.
For the foregoing reasons, the Association is strongly opposed to any public dog parr located near
the Association's community. The Association would like the City of Newport Beach to take into
consideration these significant and legitimate issues prior to approval any public dog park located in
or around Sunset View park. We welcome the opportunity to open a dialogue with the City of
Newport Beach to further review and discuss these concerns.
Very truly yours,
TINNELLY LAW GROUP
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MATTHEW PLAXTON, ESQ.
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21-279
From: Wendy Kaiser <wendyhkaiser@yahoo.com>
Sent: Monday, October 14, 2019 4:15 AM
To: Tran, Andy
Cc: Wemail
Subject: Dog Park and Development at Superior and PCH
Hi -
I am opposed to a dog park in this location. It is too small of a space, too close to residences,
and Villa Balboa complex has decades of history of no dogs. Many of us moved here because we
are allergic or have asthma or other reasons for not wishing to be around dogs. There are a few
service/companion dogs only at Villa Balboa.
It would make more sense to locate the dog park near the planned playing fields on the far side
(other side of Superior) toward Huntington Beach (spaced also away from Newport Crest). It
would also be better to locate parking by the existing community center on 15th Street and
connect it up to the playing field area.
I do not see a need to have a bridge over Superior or further development or grading of Superior
at PCH at this time.
Please forward my email to the pertinent committee and the city council. Thank you.
Wendy Kaiser
wendvhkaisernvahoo. com
270 Cagney Ln #115
Newport Beach Ca 92663
949-202-7273
Sent from my iPad
Sent from my iPhone
21-280
INTEREST LIST CONTACTS
Name
Representing
Notes
Carol Gehlke "CX
Villa Balboa
Sent L. Detweiler a letter opposing the dog park
o
(Didn't provide name)
Villa Balboa
Doesn't want dog park, wants open space
o
Met with Mark, Debi and Cindy on 7/23/19. They oppose the dog park.
Mark Wilser
Villa Balboa
Spoke at 8/6/19 PB&R meeting.
o
Met with Mark, Debi and Cindy on 7/23/19. They oppose the dog park.
Deborah Gero
Villa Balboa
Also sent letter to L. Detweiler.
o
Met with Mark, Debi and Cindy on 7/23/19. They oppose the dog park.
Spoke at 8/6/19 PB&R meeting. Suggested putting dog park at SRP warm
Cindy Schuester
Villa Balboa
up area.
o
Sent L. Detweiler a letter opposing the dog park. Spoke at 8/6/19 PB&R
Anette Warner
Villa Balboa
meeting.
o
Spoke at 8/6/19 PB&R meeting. Doesn't want dog park. 0.2 ac too small
for dog park. Outside 300' notice area. Spoke to Michael on 9/19 and
Michael Call
Villa Balboa
provided him with link to project webpage.
o
Parking will be used by beach visitors. Dog park will create another
Doug Tamkin
Villa Balboa
destination (impact parking). "Throw us a bone and eliminate dog park."
o
Wants to move dog park to Hoag Access Road. Coordinated with Sean
Sandy Frizzell
Villa Balboa
Levin.
o
21-281
From: Tran, Andv
To: Lindeman, Marie
Subject: FW: I oppose the dog park
Date: Wednesday, November 13, 2019 12:04:00 PM
Please tally,
This is the last one that I received before noon today.
Thanks,
Andy
-----Original Message -----
From: Rieff, Kim <KRieff@newportbeachca.gov>
Sent: Wednesday, November 13, 2019 9:23 AM
To: Tran, Andy <ATran@newportbeachca.gov>
Cc: Mulvey, Jennifer <JMulvey@newportbeachca.gov>
Subject: FW: I oppose the dog park
-----Original Message -----
From: Semra <semrabinbil@netscape.net>
Sent: Wednesday, November 13, 2019 9:23 AM
To: Dept - City Council <CityCouncil@newportbeachca.gov>
Subject: I oppose the dog park
Dear Sirs,
I oppose the dog park in front of where I live.
The reasons I oppose for the dog park are :
A) there will be a lot of barking day day and night
B) and the smell ....
I don't think it is a convenient to have a dog park in this residential area.
Thank you and bests.
Semra Bilgen Phillips
220 Nice Lane #213
NB
Sent from my iPhone
21-282
INTEREST LIST CONTACTS
Name
Representing Notes
Chris Garber
West Newport Submitted letter supportting the project
s
Judy Bernstein
Attended Speak Up Newport meeting, wants dog park, had a lot of
suggestions on dog park design
s
21-283
From:
Rieff, Kim
Sent:
Thursday, November 7, 2019 10:52 AM
To:
Webb, Dave (Public Works)
Cc:
Gallagher, Karen; Mulvey, Jennifer
Subject:
FW: Support of Sunset View Dog Park
From: Annabelle D'Eliscu <annabelledeliscu@gmail.com>
Sent: Thursday, November 07, 2019 10:45 AM
To: Dept - City Council<CityCouncil@newportbeachca.gov>
Subject: Support of Sunset View Dog Park
To: Newport Beach City Council
Subject. Support of Sunset View Dog Park
Dear Council Member:
I want to go on record as strongly supporting the proposed dog park as part of
the Sunset View Park Improvement Project that will come before the City
Council at your November 19" meeting. A dog park on the west side of Newport
Beach is much-needed and this is a perfect location for it. I am confident that
the new dog park will be used extensively and appropriately by Newport Beach
residents as they have the Civic Center Dog Park.
A dog park is an important amenity to those residents who do not have a place
to take their dogs off -leash, allowing them to play and exercise freely. Thank
you for supporting the new dog park as part of the Sunset View Park
Improvements Project that I urge the Council to approve. This side of the bay is
in desperate need of a dog park. It's extremely important for the well being of
our animals to have a place to run freely and it will bring our community
together, as many of us are pet owners who care deeply for our dogs.
Thank you.
Sincerely,
Annabelle D'Eliscu
21-284
From: Rieff, Kim
Sent: Thursday, November 7, 2019 10:30 AM
To: Webb, Dave (Public Works)
Cc: Gallagher, Karen; Mulvey, Jennifer
Subject: FW: SUPPORT OF SUNSET VIEW DOG PARK
From: allyson D'Eliscu <allysondeliscu@gmail.com>
Sent: Thursday, November 07, 2019 10:27 AM
To: Dept - City Council <CityCouncil@newportbeachca.gov>
Subject: SUPPORT OF SUNSET VIEW DOG PARK
Dear Council Member:
I want to go on record as strongly supporting the proposed dog park as part of the Sunset View
Park Improvement Project that will come before the City Council at your November
1911 meeting. A dog park on the west side of Newport Beach is much-needed and this is a
perfect location for it. I am confident that the new dog park will be used extensively and
appropriately by Newport Beach residents as they have the Civic Center Dog Park.
A dog park is an important amenity to those residents who do not have a place to take their
dogs off leash, allowing them to play and exercise freely. Thank you for supporting the new
dog park as part of the Sunset View Park Improvements Project that I urge the Council to
approve.
Thank you. WE REALLY NEED THIS ON OUR SIDE OF THE BAY!!!
Sincerely,
ALLYSON D'ELISCU
Allyson
949-633-8675
21-285
From: Rieff, Kim
Sent: Thursday, November 7, 2019 9:04 AM
To: Webb, Dave (Public Works)
Cc: Gallagher, Karen; Mulvey, Jennifer
Subject: FW: Support of Sunset View Dog Park
From: melissalyndavison@gmail.com <melissalyndavison@gmail.com>
Sent: Thursday, November 07, 2019 9:03 AM
To: Dept - City Council <CityCouncil@newportbeachca.gov>
Subject: Support of Sunset View Dog Park
Dear Council Member:
I want to go on record as strongly supporting the proposed dog park as part of the Sunset View Park
Improvement Project that will come before the City Council at your November 19th meeting. A dog park on the
west side of Newport Beach is much-needed and this is a perfect location for it. I am confident that the new
dog park will be used extensively and appropriately by Newport Beach residents as they have the Civic Center
Dog Park.
A dog park is an important amenity to those residents who do not have a place to take their dogs off -leash,
allowing them to play and exercise freely. Thank you for supporting the new dog park as part of the Sunset
View Park Improvements Project that I urge the Council to approve.
Thank you
Sincerely,
Melissa Davison
2416 Margaret Drive
Newport Beach 92663
949.500.5930 — Mobile
21-286
From: Rieff, Kim
Sent: Thursday, November 7, 2019 7:33 AM
To: Webb, Dave (Public Works)
Cc: Gallagher, Karen; Mulvey, Jennifer
Subject: FW: Support of Sunset View Dog Park
From: laura mcardell <laura_mcardell@yahoo.com>
Sent: Wednesday, November 06, 2019 5:35 PM
To: Dept - City Council<CityCouncil@newportbeachca.gov>
Subject: Support of Sunset View Dog Park
To: Newport Beach City Council
Subject: Support of Sunset View Dog Park
Dear Council Member:
I want to go on record as strongly supporting the proposed dog park as part of the Sunset View Park
Improvement Project that will come before the City Council at your November 19"' meeting. A dog park on
the west side of Newport Beach is much-needed and this is a perfect location for it. 1 am confident that the
new dog park will be used extensively and appropriately by Newport Beach residents as they have the Civic
Center Dog Park.
A dog park is an important amenity to those residents who do not have a place to take their dogs off -leash,
allowing them to play and exercise freely. Thank you for supporting the new dog park as part of the Sunset
View Park Improvements Project that I urge the Council to approve.
Thank you.
Sincerely,
Laura McArdell
2415 Holly Lane
Newport Beach, CA 92663
Sent from Yahoo Mail for Whone
21-287
From: Rieff, Kim
Sent: Thursday, November 7, 2019 7:33 AM
To: Webb, Dave (Public Works)
Cc: Gallagher, Karen; Mulvey, Jennifer
Subject: FW: Dog park
From: Skeeter Leeper <skeeterleeper@gmail.com>
Sent: Wednesday, November 06, 2019 9:29 PM
To: Dept - City Council<CityCouncil@newportbeachca.gov>
Subject: Dog park
Good day. I would like to go on record as strongly supporting the proposed dog park as part of the Sunset
View Park Improvement Project that will come before the City Council at your November 19" meeting. A dog
park on the west side of Newport Beach is much-needed and this is a perfect location for it. 1 am confident
that the new dog park will be used extensively and appropriately by Newport Beach residents as they have the
Civic Center Dog Park.
A dog park is an important amenity to those residents who do not have a place to take their dogs off -leash,
allowing them to play and exercise freely. Thank you for supporting the new dog park as part of the Sunset
View Park Improvements Project that I urge the Council to approve. Signed,
Skeeter Leeper
474 Westminster Ave
Newport Beach, CA 92663
21-288
From: Rieff, Kim
Sent: Thursday, November 7, 2019 7:32 AM
To: Webb, Dave (Public Works)
Cc: Gallagher, Karen; Mulvey, Jennifer
Subject: FW: Sunset Dog Park
From: Trevor Wood <twood@chandlerscorp.com>
Sent: Wednesday, November 06, 2019 5:28 PM
To: Dept - City Council<CityCouncil@newportbeachca.gov>
Subject: Sunset Dog Park
To: Newport Beach City Council
Subject: Support of Sunset View Dog Park
Dear Council Member:
I want to go on record as strongly supporting the proposed dog park as part of the Sunset View Park
Improvement Project that will come before the City Council at your November 19t1' meeting. A dog park on
the west side of Newport Beach is much-needed and this is a perfect location for it. 1 am confident that the
new dog park will be used extensively and appropriately by Newport Beach residents as they have the Civic
Center Dog Park.
A dog park is an important amenity to those residents who do not have a place to take their dogs off -leash,
allowing them to play and exercise freely. Thank you for supporting the new dog park as part of the Sunset
View Park Improvements Project that I urge the Council to approve.
Thank you.
Sincerely,
Trevor Wood (310)308-8312
21-289
Trevor Wood
Vice President
Cell: 310.308.8312
www.Chandlerscorr).com
Twood(ci chandlerscorp,com
Operations
24980 Maitri Rd., Corona, CA 92883
951.277.5915- Scales
310.560.9923- Sales
1711 Alameda Street, Wilmington CA 90744
310.784.2915- Scales
310.560-9923- Sales
CONFIDENTIAL This e-mail and any attachment, is a confidential communication covered by work -product, and the Hectronic Communications Privacy Act, 18 U.S.C.
§§ 2510-2521. If you received this message in error, please notify me by replying to this email message and destroy (delete) the original. Thank you
21-290
Lindeman, Marie
From: Andy Hayes <hayesandy76@gmail.com>
Sent: Monday, November 11, 2019 5:30 PM
To: Dept - City Council
Subject: Support of Sunset View Dog Park
To: Newport Beach City Council
Subject: Support of Sunset View Dog Park
Dear Council Member.
I want to go on record as strongly supporting the proposed dog park as part of the Sunset View Park
Improvement Project that will come before the City Council at your November 19th meeting. A dog park on
the west side of Newport Beach is much-needed and this is a perfect location for it. I am confident that the
new dog park will be used extensively and appropriately by Newport Beach residents as they have the Civic
Center Dog Park.
A dog park is an important amenity to those residents who do not have a place to take their dogs off -leash,
allowing them to play and exercise freely. Thank you for supporting the new dog park as part of the Sunset
View Park Improvements Project that I urge the Council to approve.
Thank you.
Sincerely,
Andy Hayes 949-500-2189
21-291
Lindeman, Marie
From:
Rieff, Kim
Sent:
Tuesday, November 12, 2019 7:48 AM
To:
Webb, Dave (Public Works)
Cc:
Mulvey, Jennifer
Subject:
FW: Sunset View - Dog Park
From: Annie Lindt
Sent: Saturday, November 09, 2019 11:17 AM
To: Dept - City Council
Subject: Sunset View - Dog Park
Yes please!
We welcome a dog park for our pups! When the issue is presented to you on November 19 please
vote to approve.
It is a joy to see pups running about in a safe environment.
Thank you for your support!
Annie Lindt
xalindt(a-)gmail.com
I
21-292
Lindeman, Marie
From: Barbara Barnard <barnard.barbara@sbcglobal.net>
Sent: Monday, November 11, 2019 8:59 PM
To: Dept - City Council
Subject: Sunset View Dog Park
Dear Council Members:
We understand you will be considering a proposed dog park at your November 19th meeting. We wish to send our
strong support for a dog park at the Sunset View Park. The west side of our city is lacking an off leash area for owners to
run dogs. This seems like an ideal spot for that purpose.
Thank you!
Steve and Barbara Barnard
(949)673-0194
Sent from my iPhone
21-293
Lindeman, Marie
From: Yardley, BM (Bill) <byardley@leasedirect.com>
Sent: Monday, November 04, 2019 9:48 AM
To: Dept - City Council
Subject: Dog Park
To: Newport Beach City Council
Subject: Support of Sunset View Dog Park
Dear Council Member:
want to go on record as strongly supporting the proposed dog park as part of the Sunset View Park improvement
project that will come before the City Council at your November 19th meeting. A dog park on the west side of Newport
Beach is much-needed and this is a perfect location for it. I am confident that the new dog park will be used
extensively and appropriately by Newport Beach residents as they have the Civic Center Dog Park.
A dog park is an important amenity to those residents who do not have a place to take their dogs off -leash, allowing
them to play and exercise freely. Thank you for supporting the new dog park as part of the Sunset View Park site
improvements that I urge the Council to approve.
Sincerely,
Bill Yardley
Regional Manager
Cell: 949-683-7604
Email: BYardley@leasedirect.com
The information transmitted via this e-mail is intended only for the person or entity to which it is addressed and
may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of,
or taking of any action in reliance upon this information by persons or entities other than the intended recipient
is prohibited. If you received this in error, please contact the sender and delete the material from any computer
21-294
Lindeman, Marie
From: The Borggreve Family <331borg@gmail.com>
Sent: Saturday, November 02, 2019 7:50 AM
To: Dept - City Council
Subject: Support of Sunset View Dog Park
Attachments: 699F4621-94D4-4807-8D8C-92C10691C177.pdf
Dear Council Member:
I want to go on record as strongly supporting the proposed dog park as part of
the Sunset View Park improvement project that will come before the City Council
at your November 19- meeting. A dog park on the west side of Newport Beach is
much-needed and this is a perfect location for it. I am confident that the new dog
park will be used extensively and appropriately by Newport Beach residents as
they have the Civic Center Dog Park.
A dog park is an important amenity to those residents who do not have a place
to take their dogs off-leash,allowing them to play and exercise freely. Thank you
for supporting the new dog park as part of the Sunset View Park site
improvements that I urge the Council to approve.
Sincerely,
Christa Borggreve
331 Canal Street
Newport Beach, CA 92663
949.836.6362
21-295
. ar� i a 71 HOA6 HOSMAL
b
a
® URBAN RESOURCE CITY OF NEWPORT BEACH SUPERIOR AVENUE PEDEHPRUN
�� . ^„ww ., ...a BICYCLE BBIDOB AND PAR[DIO I.O'121- E
CffY OF 1EWFORT BEACH affIcl4m x C �°
Lindeman, Marie
From: Brian Brennan <Brian Brennan@ motortrend.com>
Sent: Sunday, November 10, 2019 4:19 PM
To: Dept - City Council
Subject: Support of Sunset View Dog Park
To: Newport Beach City Council
Subject: Support of Sunset View Dog Park
Dear Council Member:
1 want to go on record as strongly supporting the proposed dog park as part of the Sunset View Park Improvement
Project that will come before the City Council at your November 191h meeting. A dog park on the west side of Newport
Beach is much-needed and this is a perfect location for it. 1 am confident that the new dog park will be used
extensively and appropriately by Newport Beach residents as they have the Civic Center Dog Park.
A dog park is an important amenity to those residents who do not have a place to take their dogs off -leash, allowing
them to play and exercise freely. Thank you for supporting the new dog park as part of the Sunset View Park
Improvements Project that 1 urge the Council to approve.
Thank you.
Sincerely,
Brian and Kim Brennan (714-305-8909)
Newport Beach, CA 92660
21-297
Lindeman, Marie
From: Nichol Cokas <nicholcokas@gmail.com>
Sent: Sunday, November 10, 2019 6:29 PM
To: Dept - City Council
Subject: SUPPORT OF SUNSET VIEW DOG PARK
Dear Council Member:
I want to go on record as strongly supporting the proposed dog park as part of the Sunset View Park
Improvement Project that will come before the City Council at your November 19th meeting. A dog park on
the west side of Newport Beach is much-needed and this is a perfect location for it. I am confident that the
new dog park will be used extensively and appropriately by Newport Beach residents as they have the Civic
Center Dog Park.
A dog park is an important amenity to those residents who do not have a place to take their dogs off -leash,
allowing them toplay and exercise freely. Thankyou for supporting the new dogpark aspart of the Sunset
View Park Improvements Project that I urge the Council to approve.
Thank you.
Sincerely,
Mr. & Mrs. Brian and Nichol Cokas
714-2067415
21-298
Lindeman, Marie
From: Tran, Andy
Sent: Tuesday, November 12, 2019 2:34 PM
To: Lindeman, Marie
Subject: FW: New Dog Park in West Newport
Please tally.
Thanks,
Andy
From: Rieff, Kim
Sent: Tuesday, November 12, 2019 2:08 PM
To: Tran, Andy
Cc: Mulvey, Jennifer
Subject: FW: New Dog Park in West Newport
From: Brian Horn <bhorn@newportfg.com>
Sent: Tuesday, November 12, 2019 1:54 PM
To: Dept - City Council<CityCouncil@newportbeachca.gov>
Subject: New Dog Park in West Newport
Dear City Council Members,
Thank you for taking the time to review my thoughts regarding the proposed Dog Park in West Newport.
The only Dog Park in Newport Beach that I am aware of is just north of City Hall. There is a desperate need of a Dog Park
in West Newport and for that matter several others. According to our Animal Control there are around 5,000 licensed
dogs in Newport Beach. That is far too many for one small park by City Hall.
I urge you all to vote yes on the proposed Dog Park.
Thank you again for your consideration.
Rian.
J. BRIAN W. HORN, CLU, ChFC
CHAIRMAN & CEO
NEWPORT FINANCIAL GROUP, INC.
13 Corporate Plaza Drive I Suite100
Newport Beach, CA 92660-7964
Mobile: 949.887.2777
Office: 949.515.1501
Fax: 949.515.1509
California License No: 0659290
E-mail: bhorn(d�newportfg.com
Web: www.newportfq.com
1
21-299
This communication is intended only for the addressee and contains information that is privileged and confidential and thus is not to be distributed
outside the addressees' parent company, its subsidiaries and affiliates. If you are not the addressee indicated in this message (or responsible for the
delivery of the message to such person), you may not copy or deliver this message to anyone. In such case, you should destroy this message and kindly
notify sender by reply email. Information in this message that does not relate to the official business of my firm shall be understood as neither given nor
endorsed by it.
21-300
Lindeman, Marie
From:
Rieff, Kim
Sent:
Thursday, November 07, 2019 2:15 PM
To:
Webb, Dave (Public Works); Gallagher, Karen
Cc:
Mulvey, Jennifer
Subject:
FW: Dog park
From: caroline pipkin
Sent: Thursday, November 07, 2019 2:14 PM
To: Dept - City Council
Subject: Dog park
Dear Council Member:
I want to go on record as strongly supporting the proposed dog
park as part of the Sunset View Parklmprovement Project that
will come before the City Council at your November 19th meeting.
A dog park on the west side of Newport Beach is much-needed
and this is a perfect location for it I am confident that the new
dog park will be used extensively and appropriately by Newport
Beach residents as they have the Civic Center Dog Park.
A dog park is an important amenity to those residents who do not
have a place to take their dogs off -leash, allowing them to play
and exercise freely. Thank you for supporting the new dog park
as part of the Sunset View Park Improvements Project that I urge
the Council to approve.
Thank you.
Sincerely,
Caroline pipkin
9498870941
Sent from my Whone
21-301
Lindeman, Marie
From: Chap Clark <chapc@sapres.org>
Sent: Sunday, November 03, 2019 3:55 PM
To: Dept - City Council
Subject: Dog park
To: Newport Beach City Council
Subject: Support of Sunset View Dog Park
Dear Council Member:
I want to go on record as strongly supporting the proposed dog park as part of the Sunset View
Parkimprovement project that will come before the City Council at your November 19th meeting. A dog
park on the west side of Newport Beach is much-needed and this is a perfect location for it. I am
confident that the new dog park will be used extensively and appropriately by Newport Beach residents
as they have the Civic Center Dog Park.
A dog park is an important amenity to those residents who do not have a place to take their dogs off -
leash, allowing them to play and exercise freely. Thank you for supporting the new dog park as part of
the Sunset View Park site improvements that I urge the Council to approve.
Sincerely,
Chap Clark
Chapc@sapres.org
949-574-2260
Chap Clark, PhD
Pastor
St. Andrew's Presbyterian Church
Sent from my Whone
21-302
Lindeman, Marie
From: Chris Santore <csantore@gmail.com>
Sent: Monday, November 04, 2019 2:08 PM
To: Dept - City Council
Subject: Support of Sunset View Dog Park
Dear Council Member:
I want to go on record as strongly supporting the proposed dog park as part of the Sunset View Park
improvement project that will come before the City Council at your November 19' meeting. A dog park
on the west side of Newport Beach is much-needed and this is a perfect location for it. I am confident that
the new dog park will be used extensively and appropriately by Newport Beach residents as they have the
Civic Center Dog Park.
A dog park is an important amenity to those residents who do not have a place to take their dogs off -
leash, allowing them to play and exercise freely. Thank you for supporting the new dog park as part of
the Sunset View Park site improvements that I urge the Council to approve.
Sincerely,
Chris Santore
csantore(&s!mail.com
(858) 922-2567
21-303
Lindeman, Marie
From: Rieff, Kim
Sent: Thursday, November 07, 2019 1:06 PM
To: Webb, Dave (Public Works)
Cc: Gallagher, Karen; Mulvey, Jennifer
Subject: FW: Dog park
From: Danielle Grossi
Sent: Thursday, November 07, 2019 12:43 PM
To: Dept - City Council
Subject: Dog park
Dear Council Member:
I want to go on record as strongly supporting the proposed dog
park as part of the Sunset View Park Improvement Project that
will come before the City Council at your November 19th meeting.
A dog park on the west side of Newport Beach is much-needed
and this is a perfect location for it I am confident that the new
dog park will be used extensively and appropriately by Newport
Beach residents as they have the Civic Center Dog Park.
A dog park is an important amenity to those residents who do not
have a place to take their dogs off -leash, allowing them to play
and exercise freely. Thank you for supporting the new dog park
as part of the Sunset View Park Improvements Project that I urge
the Council to approve.
Thank you.
Sincerely, danielle Grossi 425-623-5030
Sent from my Whone
21-304
Lindeman, Marie
From: dennis.biggs <dennis.biggs5l@gmail.com>
Sent: Sunday, November 10, 2019 6:30 PM
To: Dept - City Council
Subject: West Newport Dog Park
To our City Council members -
I understand that you are considering building another dog park on the City owned property near Hoag Hospital.
I think this is a great idea and would fully support it. I am a "dog" person and use the dog park by City Hall. It's
a great spot, is safe and well maintained. I know the current situation at the Santa Ana River mouth and the
"dog beach." I could not take my dog there even if it was legal. I know the neighbors hate it and who knows
what kind of contaminated items float into the ocean from the River? The current dog beach is an accident
waiting to happen. A new dog park run by the City would be a real good thing for the residents of West
Newport and the City overall.
Thanks
Dennis Biggs
dennis.biggs51(a)_gmail.com
21-305
Lindeman, Marie
From: Diana Billings Landis <dlandis@olqa.org>
Sent: Monday, November 04, 2019 8:23 PM
To: Dept - City Council
Subject: Newport Beach Dog Park
To: Newport Beach City Council
Subject: Support of Sunset View Dog Park
Dear Council Member:
I want to go on record as strongly supporting the proposed dog park as part of the Sunset View Park
improvement project that will come before the City Council at your November 19th meeting. A dog park
on the west side of Newport Beach is much-needed and this is a perfect location for it. I am confident that
the new dog park will be used extensively and appropriately by Newport Beach residents as they have the
Civic Center Dog Park.
A dog park is an important amenity to those residents who do not have a place to take their dogs off -
leash, allowing them to play and exercise freely. Thank you for supporting the new dog park as part of
the Sunset View Park site improvements that I urge the Council to approve.
Sincerely,
Diana Landis
Name DIANA LANDIS
Email dlandis52@gmail.com
Phone # 949-280-5148
327 Fullerton Ave., Newport Beach, CA 92663
_t
Our Lady Queen of Angels
Catholic Church
NEWPORT BEACH, CALIFORNIA
Diana Landis I Director of Children's Choirs
Our Lady Queen of Angels Church
2046 Mar Vista Drive, Newport Beach, CA 92660
dlandis@olqa.org
T (949) 644-0200 F (949) 644-1349 W www.olga.org J
21-306
Lindeman, Marie
From: Rieff, Kim
Sent: Tuesday, November 12, 2019 7:47 AM
To: Webb, Dave (Public Works)
Cc: Mulvey, Jennifer
Subject: FW: Support of Sunset View Dog Park
From: Diane Daruty
Sent: Saturday, November 09, 2019 9:57 AM
To: Dept - City Council
Subject: Support of Sunset View Dog Park
I strongly support the proposed dog park as part of the Sunset View Park improvement project that
will come before the City Council at your November 19th meeting. A dog park on the west side of
Newport Beach is much-needed and this is a perfect location for it. I am confident that the new dog
park will be used extensively and appropriately by Newport Beach residents as they have used the
Civic Center Dog Park.
A dog park is an important amenity to those residents who do not have a place to take their dogs off -
leash, allowing them to play and exercise freely. I urge you to approve the new dog park as part of
the Sunset View Park site improvements.
Sincerely,
Diane Daruty
dianedaruty(a sbcglobal.net
(949) 322-7949 (cell)
21-307
Lindeman, Marie
From: E.W. Klatte <ewklatte@gmail.com>
Sent: Monday, November 04, 2019 9:37 AM
To: Dept - City Council
Subject: Support for Dog Park
Dear Council Member:
We want to go on record as strongly supporting the proposed dog park as part of the Sunset View Park
improvement project that will come before the City Council at your November 19th meeting. A dog park on the
west side of Newport Beach is much-needed and this is a perfect location for it. We are confident that the new
dog park will be used extensively and appropriately by Newport Beach residents as they have the Civic Center
Dog Park.
A dog park is an important amenity to those residents who do not have a place to take their dogs off -leash,
allowing them to play and exercise freely. As things now stand, many people run their dogs illegally at school
locations like Newport Harbor High School and Ensign. Providing an alternative location will hopefully help to
control this.
Thank you for supporting the new dog park as part of the Sunset View Park site improvements.
Sincerely,
Ernest and Annick Klatte
21-308
Lindeman, Marie
From: Rieff, Kim
Sent: Tuesday, November 12, 2019 7:49 AM
To: Webb, Dave (Public Works)
Cc: Mulvey, Jennifer
Subject: FW: Support of Sunset View Dog Park
From: Carol Crane
Sent: Saturday, November 09, 2019 4:02 PM
To: Dept - City Council
Subject: Support of Sunset View Dog Park
Dear Mayor Dixon and Council Members:
I want to go on record as strongly supporting the proposed dog park as part of the Sunset View Park
improvement project that will come before the City Council at your November 19t" meeting. A dog park on the
west side of Newport Beach is much-needed and this is a perfect location for it. I am confident that the new dog
park will be used extensively and appropriately by Newport Beach residents as they have the Civic Center Dog
Park.
A dog park is an important amenity to those residents who do not have a place to take their dogs off -leash,
allowing them to play and exercise freely. Thank you for supporting the new dog park as part of the Sunset View
Park site improvements that I urge the Council to approve.
As a family of surfers that surfs west Newport very regularly (was there today!), we also believe that this may
alleviate the dog walkers at the Jetty, thus less dog feces in our waters endless bacteria. It provides options for
those who need to walk their dogs in West Newport. Save our oceans please and keep them clean of bacteria!
Thank you!
Sincerely,
Gary and Carol Crane
cranos9 kgmail.com
921 Aleppo Street
NB, CA
21-309
Lindeman, Marie
From: Glenn Johnson <glenn@glennjohnsonlaw.com>
Sent: Monday, November 04, 2019 4:56 PM
To: Dept - City Council
Subject: Support of Sunset View Dog Park
To: Newport Beach City Council
Dear Council Member:
I want to go on record as strongly supporting the proposed dog park as part of the Sunset View Park improvement
project that will come before the City Council at your November 19`h meeting. A dog park on the west side of Newport
Beach is much-needed and this is a perfect location for it. I am confident that the new dog park will be used
extensively and appropriately by Newport Beach residents as they have the Civic Center Dog Park.
A dog park is an important amenity to those residents who do not have a place to take their dogs off -leash, allowing
them to play and exercise freely. Thank you for supporting the new dog park as part of the Sunset View Park site
improvements that I urge the Council to approve.
Sincerely,
Name: Glenn Johnson
Email: glenn@glenniohnsonlaw.com
Phone # 714-322-3064.
21-310
Lindeman, Marie
From: hfarris97@aol.com
Sent: Tuesday, November 05, 2019 6:23 PM
To: Dept - City Council
Subject: Support of Sunset View Dog Park
Dear Council Member:
I want to go on record as strongly supporting the proposed dog park as part of the Sunset View Park
improvement project that will come before the City Council at your November 19th meeting. A dog park on
the west side of Newport Beach is much-needed and this is a perfect location for it. I am confident that the
new dog park will be used extensively and appropriately by Newport Beach residents as they have the Civic
Center Dog Park.
A dog park is an important amenity to those residents who do not have a place to take their dogs off -leash,
allowing them to play and exercise freely. Thank you for supporting the new dog park as part of the Sunset
View Park site improvements that I urge the Council to approve.
Sincerely,
Heather Hansberger
Hfarris97(@aol.com
949-280-6618
5516 River Ave
NB, CA 92663
21-311
Lindeman, Marie
From: Tran, Andy
Sent: Tuesday, November 12, 2019 12:50 PM
To: Lindeman, Marie
Subject: FW: Sunset View Dog Park
From: Rieff, Kim
Sent: Tuesday, November 12, 2019 12:21 PM
To: Tran, Andy
Cc: Mulvey, Jennifer
Subject: FW: Sunset View Dog Park
From: james westling <jwlongbd@gmail.com>
Sent: Tuesday, November 12, 2019 12:21 PM
To: Dept - City Council<CityCouncil@newportbeachca.gov>
Subject: Sunset View Dog Park
Dear City Council Members: We were just informed that the City Council is considering approving a dog park
at Sunset View Park, and wish to advise you that we are both heavily in favor of such a park. We have two
Standard Poodles, and take them the dog park above City Hall on a regular basis; and would really like a dog
park closer to our home in Balboa Coves. We have been advised that the City owns the land, and has the funds
necessary to construct such a park; and we both feel that it would benefit those of us living in westerly Newport
Beach.
Please consider our support for the dog park when you cast your vote.
Sincerely,
Mr. & Mrs. James R. Westling
21-312
Lindeman, Marie
From: Jay Swigart <jswigart@pacbell.net>
Sent: Tuesday, November 05, 2019 1:40 PM
To: Dept - City Council
Subject: Dog Park
To: Newport Beach City Council
Subject: Support of Sunset View Dog Park
Dear Council Member:
I want to go on record as strongly supporting the proposed dog park as part of the Sunset View Park
Improvement Project that will come before the City Council at your November 19th meeting. A dog park on
the west side of Newport Beach is much-needed and this is a perfect location for it. I am confident that the
new dog park will be used extensively and appropriately by Newport Beach residents as they have the Civic
Center Dog Park.
A dog park is an important amenity to those residents who do not have a place to take their dogs off -leash,
allowing them to play and exercise freely. Thank you for supporting the new dog park as part of the Sunset
View Park Improvements Project that I urge the Council to approve.
Thank you.
Sincerely,
Penny Swigart
21-313
Lindeman, Marie
From: Jeffrey john bitetti <jjbite@gmail.com>
Sent: Sunday, November 10, 2019 4:18 PM
To: Dept - City Council
Subject: Sunset View Dog Park
Dear City Council Members,
As a resident of Newport Beach for 50 years, my family is IN FAVOR of the proposed Dog Park! ! !
Sincerely,
The Bitetti Family
Jeffrey John Bitetti
Director
The Lott IMPACT Trophy
714-336-9299 (Cell)
ijbiteAgmail.com
www.LottIMPACTTroDhv.com
21-314
Lindeman, Marie
From: Jill Hunt <jillbhunt@sbcglobal.net>
Sent: Saturday, November 02, 2019 6:20 AM
To: Dept - City Council
Subject: Dog park in west Newport
To: Newport Beach City Council
Subject: Support of Sunset View Dog Park
Dear Council Member:
I want to go on record as strongly supporting the proposed dog park as part of
the Sunset View Park improvement project that will come before the City Council
at your November 19- meeting. A dog park on the west side of Newport Beach is
much-needed and this is a perfect location for it. I am confident that the new dog
park will be used extensively and appropriately by Newport Beach residents as
they have the Civic Center Dog Park.
A dog park is an important amenity to those residents who do not have a place
to take their dogs off-leash,allowing them to play and exercise freely. This is
especially true in west Newport where our yards are very small. Thank you for
supporting the new dog park as part of the Sunset View Park site improvements
that I urge the Council to approve.
Sincerely,
Jill Hunt
9493385406
21-315
Lindeman, Marie
From: John P. Yeager <jyeager@oneil-Ilp.com>
Sent: Monday, November 04, 2019 9:40 AM
To: Dept - City Council
Subject: Support of Sunset View Dog Park
I am writing in support of the proposed Dog Park at the City's Sunset View park. My wife Evelyn and I are 38 -year
residents of Newport Beach and dog owner. We currently reside in Dover Shores and have also lived recently on Lido
Island. The west side of Newport Beach is in dire need of a dog park like the one at the Civic Center Park where dog
owners can let their dogs off leash in an environment that is both safe for the dogs and appropriate for our human
residents. I think the proposed location is appropriate. Based on the City's analyses I have reviewed, the park can be
constructed and operated in a manner that will not be harmful to the adjacent residents. In addition, I believe there is
already a public trail between the proposed park and residents that not only creates a buffer but also provides great
access to what is already public property.
Thank you for your consideration of our support.
John and Evelyn Yeager
John P. Yeager, Esq.
O'NEIL LLP
19900 MacArthur Blvd. I Suite 1050 1 Irvine, CA 92612
Phone: (949) 798-0722 1 Fax: (949) 798-0511
iyeager@oneil-Ilp.com
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21-316
Lindeman, Marie
From: Katie Santore <katiesantore@gmail.com>
Sent: Tuesday, November 05, 2019 12:51 PM
To: Dept - City Council
Subject: In Support of the Sunset View Dog Park
Dear Council Member:
I want to go on record as strongly supporting the proposed dog park as part of the Sunset View Park
improvement project that will come before the City Council at your November 19th meeting. A dog park on the
west side of Newport Beach is much-needed and this is a perfect location for it. I am confident that the new dog
park will be used extensively and appropriately by Newport Beach residents as they have the Civic Center Dog
Park.
A dog park is an important amenity to those residents who do not have a place to take their dogs off -leash,
allowing them to play and exercise freely. Thank you for supporting the new dog park as part of the Sunset
View Park site improvements that I urge the Council to approve.
Sincerely,
Katie Santore
katiesantore(kgmail.com
(949) 697-5553
21-317
Lindeman, Marie
From: Rieff, Kim
Sent: Tuesday, November 12, 2019 7:34 AM
To: Webb, Dave (Public Works)
Cc: Mulvey, Jennifer
Subject: FW: Support of Sunset View Dog Park
-----Original Message -----
From: Keira J Kirby <kkirby@nmusd.us>
Sent: Friday, November 08, 2019 4:43 PM
To: Dept - City Council <CityCouncil@newportbeachca.gov>
Subject: Support of Sunset View Dog Park
Dear Council Member:
As someone who both lives and works in Newport Beach, I want to go on record as strongly supporting the proposed
dog park as part of the Sunset View Park Improvement Project that will come before the City Council at your November
19th meeting. A dog park on the west side of Newport Beach is much-needed and this is a perfect location for it. I am
confident that the new dog park will be used extensively and appropriately by Newport Beach residents as they have the
Civic Center Dog Park. I was someone who frequented the Dog Park near the Civic Center for years while my dog was
alive even though I live on the west side of the city. I know first hand of the value that this type of facility offers local
citizens; a dog park is an important amenity to those residents who do not have a place to take their dogs off -leash,
allowing them to play and exercise freely. Thank you for supporting the new dog park as part of the Sunset View Park
Improvements Project that I urge the Council to approve.
Thank you for your time,
Keira Kirby
Keira Kirby
Social Science Teacher
Newport Harbor High School<http://nhhs.nmusd.us/>
21-318
Lindeman, Marie
From: Laird Hayes <laird@neptune.net>
Sent: Sunday, November 10, 2019 4:28 PM
To: Dept - City Council
Subject: Lower Sunset View Park Dog Park
Dear Mayor Dixon, Mayor Pro Tem O'Neill and Council Members Avery, Brenner, Duffield, Herdman, and
Muldoon;
I encourage the City Council to vote in favor of the Lower Sunset View Park Improvement Project to include
the 0.8 acre dog park. It will provide an excellent option for those who illegally let their dogs off leash on the
Newport Beach side of the Santa Ana River jetty.
City staff has worked hard to put together a second city dog park that will not adversely affect the 40-50
residents in the Paris building at Villa Balboa despite their objections and will benefit thousands of Newport
Beach residents.
Thank you.
Sincerely,
Laird Hayes, Ed.D.
NFL Side Judge 125, 1995-2017
Commissioner, City of Newport Beach Parks, Beaches and Recreation
Volunteer in Policing, Newport Beach PD
Newport Beach CERT - KM6CAI
949-244-4545
laird(a)neptune.net
PO
RC1 �vttf'`�Y`
21-319
Lindeman, Marie
From: Laurie Drake <lauriejanedrake@cs.com>
Sent: Monday, November 04, 2019 8:44 AM
To: Dept - City Council
Subject: In support of Sunset View Dog Park
Dear Council Member:
I want to go on record as strongly supporting the proposed dog park as part of the Sunset View Park
improvement project that will come before the City Council at your November 19th meeting. A dog park on the
west side of Newport Beach is much-needed and this is a perfect location for it. I am confident that the new
dog park will be used extensively and appropriately by Newport Beach residents as they have the Civic
Center Dog Park. Although the closest dog park to me is near the Civic Center, it's not large enough for my
retriever to really run around in. I'm sure the smaller dogs are grateful for it.
A dog park is an important amenity to those residents who do not have a place to take their dogs off -leash,
allowing them to play and exercise freely. Thank you for supporting the new dog park as part of the Sunset
View Park site improvements that I urge the Council to approve.
Sincerely,
Laurie Drake
Lau rieJaneDrake@cs.com
2227 Vista Huerta
Newport Beach, CA 92660
310-699-5582
21-320
Lindeman, Marie
From: Maclay Coldren <maclay.coldren@gmail.com>
Sent: Wednesday, November 06, 2019 8:59 AM
To: Dept - City Council
Subject: Support of Sunset View Dog Park
Dear Council Member:
I want to go on record as strongly supporting the proposed dog park as part of the Sunset
View Park improvement project that will come before the City Council at your November
19th meeting. A dog park on the west side of Newport Beach is much-needed and this is a
perfect location for it. I am confident that the new dog park will be used extensively and
appropriately by Newport Beach residents as they have the Civic Center Dog Park.
A dog park is an important amenity to those residents who do not have a place to take their
dogs off -leash, allowing them to play and exercise freely. Thank you for supporting the new
dog park as part of the Sunset View Park site improvements that I urge the Council to
approve.
Sincerely,
Maclay Coldren
maclay.coldren(a-)s!mail.com
(949)395-2383
Maclay Coldren
maclay.coldrenkgmail.com
(949)395-2383
21-321
Lindeman, Marie
From: martha glasgow <golfglasgow@yahoo.com>
Sent: Tuesday, November 05, 2019 4:13 PM
To: Dept - City Council
Subject: Proposed new dog park
Subject: Support of Sunset View Dog Park
Dear Council Member:
I support the proposed dog park as part of the Sunset View Park improvement project that will come before the
City Council at your November 19th meeting. The west side of Newport Beach has no such facility and this is a
perfect location for it. I think the new dog park will be used extensively and appropriately by Newport Beach
residents. The Civic Center Dog Park seems to be very successful.
A dog park is an important amenity to those residents who do not have a place to take their dogs off -leash,
allowing them to play and exercise freely. Thank you for supporting the new dog park as part of the Sunset View
Park site improvements that I urge the Council to approve.
Sincerely,
Martha Glasgow
Name: Martha Glasgow
Email: golfglasgow@yahoo.com
Phone #
21-322
Lindeman, Marie
From: Rieff, Kim
Sent: Tuesday, November 12, 2019 8:41 AM
To: Webb, Dave (Public Works)
Cc: Mulvey, Jennifer
Subject: FW: Dog park
-----Original Message -----
From: Martha Kerstner <mkerstner@gmail.com>
Sent: Tuesday, November 12, 2019 8:30 AM
To: Dept - City Council <CityCouncil@newportbeachca.gov>
Subject: Dog park
Please put a dog park at sunset view park. That area is rarely used by residents but will be packed if it becomes a dog
park- a good thing!
21-323
Lindeman, Marie
From: Rieff, Kim
Sent: Tuesday, November 12, 2019 7:54 AM
To: Webb, Dave (Public Works)
Cc: Mulvey, Jennifer
Subject: FW: I Support the Proposed Dog Park
From: Martha Kinney
Sent: Sunday, November 10, 2019 9:24 AM
To: Dept - City Council
Subject: I Support the Proposed Dog Park
To: Newport Beach City Council
Subject: Support of Sunset View Dog Park
Dear Council Members,
I want to go on record as strongly supporting the proposed dog park as part of the Sunset
View Park improvement project that will come before the City Council at your November
19' meeting. A dog park on the west side of Newport Beach is much-needed and this is a
perfect location for it. I am confident that the new dog park will be used extensively and
appropriately by Newport Beach residents as they have the Civic Center Dog Park.
A dog park is an important amenity to those residents who do not have a place to take their
dogs off -leash, allowing them to play and exercise freely. Thank you for supporting the new
dog park as part of the Sunset View Park site improvements that I urge the Council to
approve.
Sincerely,
21-324
Name: Martha Kinney
Email: mhkinneyA2mail.com
Phone #: 954-290-1963
Martha Kinney
21-325
Lindeman, Marie
From: Mary <mepetropo@gmail.com>
Sent: Monday, October 14, 2019 8:40 AM
To: Dept - City Council
Subject: Dog Park in West Newport
There is much discussion surrounding the Dog Park in West Newport. We are unable to attend the meeting on Tuesday,
however, we would like to express our support for the location. We are dog owners.
There are a number of 'scare -mongers" going door-to-door in Villa Balboa, opposing the park saying it will negatively
impact home values, and we anticipate they will be out in force at the Tuesday meeting. We do not agree with their
assumptions. There are approximately 74+ KNOWN dogs in our community. Nearby Newport Crest has many more.
Most of these dogs walk along Sunset View park, 2-3x daily, directly in front of Villa Balboa homes. There are issues such
as barking, poop, etc., all along the pathway. It would be so nice to have a dog park nearby which might help alleviate
some of these issues. Its an excellent location and far enough away from the closest VB building to have little or no
impact. We are supposedly a "No dogs allowed community". The demographics of our area are changing, and more and
more families are choosing to have a pet.
We appreciate your willingness to hear all sides of the issue, and encourage you to move ahead with the dog park at this
location.
Mary Petropoulos
Karen Paul
Villa Balboa
Newport Beach
Sent from my iPhone
21-326
Lindeman, Marie
From: McDonald, Michael Paul <Michael.McDonald@marsh.com>
Sent: Tuesday, November 05, 2019 8:42 PM
To: Dept - City Council
Subject: Dog park
I am a resident of Newport Beach and In favor of the dog park in west Newport. Thank you!
Michael McDonald VP I Business Development
Marsh JPrivate Client Services
17901 Von Karman I Suite 1100 1 Irvine CA 192614
Phone 949.399.2997 1 Mobile 949.344.6430 1 Fax 949.833.3027
michael.mcdonald(ci),marsh.com I www.marshpcs.com
"Protecting your lifestyle, safeguarding your legacy"
In California d/b/a Marsh Risk & Insurance Services
**********************************************************************
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information that is confidential or privileged. This e-mail is
intended solely for the use of the individual(s) to whom it was intended to be
addressed. If you have received this e-mail and are not an intended recipient,
any disclosure, distribution, copying or other use or
retention of this email or information contained within it are prohibited.
If you have received this email in error, please immediately
reply to the sender via e-mail and also permanently
delete all copies of the original message together with any of its attachments
from your computer or device.
**********************************************************************
21-327
From: Tran, Andv
To: Lindeman, Marie
Subject: FW: SUNSET VIEW DOG PARK
Date: Wednesday, November 13, 2019 7:17:21 AM
Good morning Marie,
Please log.
Thanks,
Andy
From: Rieff, Kim <KRieff@newportbeachca.gov>
Sent: Wednesday, November 13, 2019 7:14 AM
To: Tran, Andy <ATran@newportbeachca.gov>
Cc: Mulvey, Jennifer <JMulvey@newportbeachca.gov>
Subject: FW: SUNSET VIEW DOG PARK
From: MISCHELLE PERLMAN <mickyneil51(@gmail.com>
Sent: Tuesday, November 12, 2019 6:01 PM
To: Dept - City Council<Cit)lCouncil(@newportbeachca.gov>
Subject: SUNSET VIEW DOG PARK
We have lived in Newport Beach for 26 years and have owned dogs the entire time. It has
always been puzzling to us that all of the nearby towns had dog parks and NEWPORT did
not. Please approve the establishment of a dog park at Sunset View. We really need it. Thank
you. Mischelle and Neil Perlman
21-328
Lindeman, Marie
From: Molly Davin <mollydavin@icloud.com>
Sent: Monday, November 11, 2019 9:45 PM
To: Dept - City Council
Subject: Support of Sunset View Dog Park
Dear Council Member:
I want to go on record as strongly supporting the proposed dog park as part of the Sunset View
Park Improvement Project that will come before the City Council at your November 19th
meeting. A dog park on the west side of Newport Beach is much-needed and this is a perfect
location for it. I am confident that the new dog park will be used extensively and appropriately
by Newport Beach residents as they have the Civic Center Dog Park. As a new resident of Lido
Isle, and the owner of a chocolate lab, we would frequent the park.
A dog park is an important amenity to those residents who do not have a place to take their
dogs off -leash, allowing them to play and exercise freely, such as those of us who reside on
Lido. Thank you for supporting the new dog park as part of the Sunset View Park
Improvements Project that I urge the Council to approve.
Sincerely,
Molly Davin
949-632-4354
Sent from my Whone
21-329
Lindeman, Marie
From: Tran, Andy
Sent: Tuesday, November 12, 2019 3:07 PM
To: Lindeman, Marie
Subject: FW: Support of Sunset View Dog Park
Please tally.
Thanks,
Andy
From: Rieff, Kim
Sent: Tuesday, November 12, 2019 2:55 PM
To: Tran, Andy
Cc: Mulvey, Jennifer
Subject: FW: Support of Sunset View Dog Park
From: Weber, Nick<NichoIas.Weber@Pacific Life.com>
Sent: Tuesday, November 12, 2019 12:46 PM
To: Dept - City Council<CityCouncil@newportbeachca.gov>
Subject: Support of Sunset View Dog Park
Dear Council Member:
I want to go on record as strongly supporting the proposed dog park as part of the Sunset View Park Improvement
Project that will come before the City Council at your November 19' meeting. A dog park on the west side of Newport
Beach is much-needed and this is a perfect location for it. I am confident that the new dog park will be used extensively
and appropriately by Newport Beach residents as they have the Civic Center Dog Park.
A dog park is an important amenity to those residents who do not have a place to take their dogs off -leash, allowing
them to play and exercise freely. Thank you for supporting the new dog park as part of the Sunset View Park
Improvements Project that I urge the Council to approve.
Thank you.
Sincerely,
Nick Weber 949-351-1330
The information in this e-mail and any attachments are for the sole use of the intended recipient and may
contain privileged or confidential information. Delivery to other than the intended recipient shall not be deemed
21-330
to waive any privilege. Any unauthorized use, disclosure, copying or distribution of this message or attachment
is strictly prohibited. If you believe that you have received this e-mail in error, please contact the sender
immediately and delete the e-mail and all of its attachments.
21-331
Orange Coast River Park
Conservancy
PO Box 12932
Newport Beach, CA
92658-5079
http://ocriverpark.org/
President
Robert Wilson
Vice President
Nancy Gardner
City of Newport Beach
Parks, Beaches and Recreation Commission
100 Civic Center Drive
Newport Beach, CA 92660
August 1, 2019
RE: August 6, 2019 Meeting: Consideration of the Lower Sunset View Park Conceptual
Design
Honorable Members of the Newport Beach Parks, Beaches and Recreation Commission:
Orange Coast River Park Conservancy has reviewed the conceptual design for Sunset View
Park and believes that the project, when completed, will provide a great asset to the City
of Newport Beach and enhance the concept and plans for our goal of a greater 1000 -acre
Orange Coast River Park. The pedestrian/bike bridge would provide much needed safe
access over Superior Avenue between Sunset View and Sunset Ridge Parks. Increased
access and parking are sorely needed in this area as well as throughout Orange Coast River
Park.
OCRP Conservancy also avidly supports the proposed dog park in Sunset View Park. While
Treasurer
the existing dog park at the Civic Center provides a place for dogs to be off leash legally
Bo Glover
and safely, it is a long drive for those who live on the peninsula, in West Newport and in
the Heights.
Secretary
Robert Staples
As you know, there are several sensitive areas along the peninsula beaches including the
Western Snowy Plover area and the Least Tern Preserve (on the Huntington Beach side of
Assistant Secretary
the river but often approached from the Newport Beach side). Despite the City's efforts to
Lizz Flowers
enforce leash laws, both areas are impacted by dogs running off leash. The proposed dog
park at Sunset View would provide a convenient, safe and easily accessible alternative for
Past President
these dog owners and provide protection for nearby residents and help prevent damage
Dennis Baker
to their property often incurred by the presence of poorly controlled off leash dogs. We
also believe that the implementation of a dog park coupled with support for current
Board Members
enforcement efforts may relieve at least some of the impact on the beaches. Overall this
Dean Abernathy
concept offers a much better option than the current situation.
Phillip Greer
Everette Phillips
Thank you for the opportunity to comment on this beneficial project.
John Villa
Respectfully,
Advisory Board
Members
Ann Harmer
Lena Hayashi
Ed Siebel Bob Wilson
Rory Paster Current Board President
Kristen Petros Orange Coast River Park Conservancy
Jean Watt
Dedicated to uniting Cc: (via email)
communities around Members of the Newport Beach City Coucil
the creation of a Laura Detweiler, Recreation and Senior Services Director
greater Orange Coast Andy Tran, Public Works Department
River Park.
21-332
Lindeman, Marie
From: Tran, Andy
Sent: Tuesday, November 12, 2019 11:31 AM
To: Lindeman, Marie
Subject: FW: Comment Letter from OCRP Conservancy for PBR Commission mtg on 8-6-19 re
Sunset View Park
Attachments: Ltr from OCRP to NB Parks Commission re Sunset View Dog Park - 08-01-19.pdf
fyi
From: Bob Wilson
Sent: Friday, August 2, 2019 4:03 PM
To: Recreation
Cc: Detweiler, Laura ; Tran, Andy; Dept - City Council
Subject: Comment Letter from OCRP Conservancy for PBR Commission mtg on 8-6-19 re Sunset View Park
Members of the Newport Beach Parks, Beaches and Recreation Commission:
Please find attached our comments on the above project for consideration at your August 6, 2019 meeting. We very
much support the project and the concept for the inclusion of a dog park in the approved design plan. Please contact
any of our Board members if there are any questions.
Thank you.
46Op MAN,
Board of Directors Member I Current President
Orange Coast River Park, Inc.
PO Box 12932
Newport Beach, CA 92658-5079
Email: presidentCa)ocriverpark.org
httD:Hocriveroark.ore
UMMU0 9CRiverPark
1
21-333
Lindeman, Marie
From: Park Eddy <peddy@activecaptive.com>
Sent: Monday, November 11, 2019 3:56 PM
To: Dept - City Council
Subject: Support of Sunset View Dog Park
To: Newport Beach City Council
Subject: Support of Sunset View Dog Park
Dear Council Member:
1 want to go on record as strongly supporting the proposed dog park as part of the Sunset View Park Improvement
Project that will come before the City Council at your November 191h meeting. A dog park on the west side of Newport
Beach is much-needed and this is a perfect location for it. 1 am confident that the new dog park will be used
extensively and appropriately by Newport Beach residents as they have the Civic Center Dog Park.
A dog park is an important amenity to those residents who do not have a place to take their dogs off -leash, allowing
them to play and exercise freely. Thank you for supporting the new dog park as part of the Sunset View Park
Improvements Project that 1 urge the Council to approve.
Thank you.
Sincerely,
Park E. Eddy - 949-285-6417
21-334
Lindeman, Marie
From: Peggy Schmidt <peg4schmidt@gmail.com>
Sent: Tuesday, November 05, 2019 3:18 PM
To: Dept - City Council
Subject: New Dog Park
Hi,
I would like to Implore you to vote YES on an additional off leash area in Newport Beach for our many dog friends,
including ours!
We can no longer take them to the beach without driving to the far end of Huntington and our local dog park near the
city offices has been over run by the homeless and we don't feel safe using it. We've been told that the city cannot
legally remove the homeless people from around the dog park because there is no dedicated shelter in our city for
them. Homeless issue aside, there has got to be more than one option for off leash exercise for our dogs. This is your
opportunity to listen to the very large dog owner contingency in Newport instead of just a small group of community
members that don't own or like dogs. It's honestly embarrassing that our city treats the homeless population with more
respect than the dogs who live here with their very high tax paying owners.
Please, please finally do the right thing for the many dog owners that call Newport Beach home.
Peggy Schmidt
Sent from my iPhone
21-335
Lindeman, Marie
From: Jay Swigart <jswigart@pacbell.net>
Sent: Tuesday, November 05, 2019 1:40 PM
To: Dept - City Council
Subject: Dog Park
To: Newport Beach City Council
Subject: Support of Sunset View Dog Park
Dear Council Member:
I want to go on record as strongly supporting the proposed dog park as part of the Sunset View Park
Improvement Project that will come before the City Council at your November 19th meeting. A dog park on
the west side of Newport Beach is much-needed and this is a perfect location for it. I am confident that the
new dog park will be used extensively and appropriately by Newport Beach residents as they have the Civic
Center Dog Park.
A dog park is an important amenity to those residents who do not have a place to take their dogs off -leash,
allowing them to play and exercise freely. Thank you for supporting the new dog park as part of the Sunset
View Park Improvements Project that I urge the Council to approve.
Thank you.
Sincerely,
Penny Swigart
21-336
Lindeman, Marie
From: Peter Hurley <350pete@gmail.com>
Sent: Monday, November 04, 2019 9:43 PM
To: Dept - City Council
Subject: Support of Sunset View Dog Park
To: Newport Beach City Council
Dear Council Member:
I want to go on record as strongly supporting the proposed dog park as part of the Sunset View Park
improvement project that will come before the City Council at your November 19th meeting. A dog park
on the west side of Newport Beach is much-needed and this is a perfect location for it. I am confident that
the new dog park will be used extensively and appropriately by Newport Beach residents as they have the
Civic Center Dog Park.
A dog park is an important amenity to those residents who do not have a place to take their dogs off -
leash, allowing them to play and exercise freely. Thank you for supporting the new dog park as part of
the Sunset View Park site improvements that I urge the Council to approve.
Sincerely,
Peter Hurley
350pete(a)2mail.com
9493507383
21-337
Lindeman, Marie
From: Rae Cohen <raecohen@yahoo.com>
Sent: Sunday, November 10, 2019 7:54 PM
To: Dept - City Council
Subject: Dog Park
Council Members,
Please consider this correspondence as a positive vote for the new dog park in West Newport. Dog
owners are becoming more and more responsible as years pass, and this park is a step forward in
recognizing those owners' needs also. Regards, Rae A. Cohen 1501 Antigua Way, Newport Beach,
CA 92660
21-338
Lindeman, Marie
From: Rieff, Kim
Sent: Friday, November 08, 2019 8:05 AM
To: Webb, Dave (Public Works)
Cc: Mulvey, Jennifer
Subject: FW: Support of Sunset View Dog Park
From: Rex Moore
Sent: Thursday, November 07, 2019 10:08 PM
To: Dept - City Council
Subject: Support of Sunset View Dog Park
Dear Counci 1 Member;
I strongly and enthusiastically support the proposed
dog park as part of the Sunset View Park Improvement
Project that will come before the City Council at your
November 19th meeting. A dog park on the west side of
Newport Beach is much-needed and this is a perfect
location for it. I am confident that the new dog park will
be used extensively and appropriately by Newport
Beach residents as they have the Civic Center Dog Park.
A dog park is an important amenity to those residents
who do not have a place to take their dogs off -leash,
allowing them to play and exercise freely. I would
greatly appreciate your support for the new dog park as
part of the Sunset View Park Improvements Project that I
urge the Council to approve.
Thank you for your consideration and your service to
our community!
Respectfully,
Rex Moore
21-339
Lindeman, Marie
From: Stemler, Robert <Robert.Stemler@kyl.com>
Sent: Tuesday, November 05, 2019 4:35 PM
To: Dept - City Council
Subject: Support of Sunset View Dog Park
Dear Council Members:
I am writing in support of the proposed dog park as part of the Sunset View Park Improvement Project. We live on the
west side of the Bay and believe that additional dog parks are needed on this side of the bay. The Sunset View Park is a
great location for a new dog park. I believe the new dog park would be used extensively and appropriately by Newport
Beach residents as they have the Civic Center Dog Park.
A dog park is an important amenity to those residents who do not have a place to take their dogs off -leash, allowing
them to play and exercise freely. Thank you for supporting the new dog park as part of the Sunset View Park
Improvements Project. I strongly encourage a yes vote in favor of this dog park.
Thank you.
Sincerely,
Bob Stemler
...........................................................................................................................
Robert J. Stemler
212 Kings Place
Newport Beach, CA 92663
robert.stemler@kvl.com
1
21-340
Lindeman, Marie
From: Robert Weiner <starboxinc@yahoo.com>
Sent: Monday, November 04, 2019 8:23 PM
To: Dept - City Council
Subject: West Newport Dog Park
Please allow a dog park to serve the needs of dog owners in West Newport.
Thanks for your consideration.
Robert Weiner
410 Kings Road
NB 92663
Sent from my iPhone
21-341
Lindeman, Marie
From: Robin Kinney <robin@G2bike.com>
Sent: Monday, November 11, 2019 7:22 AM
To: Dept - City Council
Subject: West side dog park
Please vote yes for the above dog park.
Sent from my iPhone
21-342
Lindeman, Marie
From: Stephanie Munakata <stephanie.munakata@haahauto.com>
Sent: Monday, November 11, 2019 2:56 PM
To: Dept - City Council
Subject: Bring on the Dog Park
Hello,
I would love to see another dog park in Newport Beach. As a resident, I would totally support this initiative and think it
would be a great addition for the city and its community. Dogs parks foster health and wellness, including bringing
communities together.
Please vote for this dog park!!!
Thank you,
Stephanie
Stephanie Munakata
Vice President, Human Resources
stephanie.munakata@haahauto.com
949-698-3798
b�!
.. as y s.
lln.
This email contains confidential information and is intended for the
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21-343
Lindeman, Marie
From: STEPHEN BARNARD <barnard.co@sbcglobal.net>
Sent: Sunday, November 10, 2019 7:55 PM
To: Dept - City Council
Subject: Dog park west Newport
The sunset park is a great opportunity to save a spot to replace the Santa Ana river beach playground for dogs.
Sent from my Whone
21-344
Lindeman, Marie
From: steve woo <swoo8989@gmail.com>
Sent: Monday, November 11, 2019 7:15 AM
To: Dept - City Council
Subject: New Newport Dog Park
Please consider my request to please add the new dog park for Newport Beach. We are the best in class city and the
residents deserve the best in class dog park as well.
Steve Woo
Sent from my iPhone, sorry for any typos
21-345
Lindeman, Marie
From: Tran, Andy
Sent: Tuesday, November 12, 2019 11:30 AM
To: Lindeman, Marie
Subject: FW: Dog park
fyi
From: Rieff, Kim
Sent: Tuesday, November 12, 2019 11:29 AM
To: Tran, Andy
Cc: Mulvey, Jennifer
Subject: FW: Dog park
From: sue whitecotton <suewhitecotton@hotmail.com>
Sent: Tuesday, November 12, 2019 11:28 AM
To: Dept - City Council<CityCouncil@newportbeachca.gov>
Subject: Dog park
I am in favor of the proposed dog park
Sent from my Verizon, Samsung Galaxy smartphone
Get Outlook for Android
21-346
Lindeman, Marie
From: Billings, Tom <Tom.Billings@camoves.com>
Sent: Tuesday, November 05, 2019 7:02 PM
To: Dept - City Council
Subject: Support of Sunset View Dog Park
Subject: Support of Sunset View Dog Park
Dear Council Member:
I want to go on record as strongly supporting the proposed dog park as part of the Sunset View
Park Improvement Project that will come before the City Council at your November 19th
meeting. A dog park on the west side of Newport Beach is much-needed and this is a perfect
location for it. I am confident that the new dog park will be used extensively and appropriately by
Newport Beach residents as they have the Civic Center Dog Park.
A dog park is an important amenity to those residents who do not have a place to take their dogs
off -leash, allowing them to play and exercise freely. Thank you for supporting the new dog park
as part of the Sunset View Park Improvements Project that I urge the Council to approve.
Thank you.
Sincerely,
Tom Billings
949-394-7640
*Wire Fraud is Real*. Before wiring any money, call the intended recipient at a number you know is valid to
confirm the instructions. Additionally, please note that the sender does not have authority to bind a party to a
real estate contract via written or verbal communication.
21-347
Lindeman, Marie
From: Tift, Wade <Wade.Tift@am.jll.com>
Sent: Tuesday, November 05, 2019 3:01 PM
To: Dept - City Council
Subject: Support of Sunset View Dog Park
To: Newport Beach City Council
Subject: Support of Sunset View Dog Park
Dear Council Member:
I want to go on record as strongly supporting the proposed dog park as part of the Sunset View Park Improvement
Project that will come before the City Council at your November 19th meeting. A dog park on the west side of Newport
Beach is much-needed and this is a perfect location for it. I am confident that the new dog park will be used extensively
and appropriately by Newport Beach residents as they have the Civic Center Dog Park.
A dog park is an important amenity to those residents who do not have a place to take their dogs off -leash, allowing
them to play and exercise freely. Thank you for supporting the new dog park as part of the Sunset View Park
Improvements Project that I urge the Council to approve.
Thank you.
Sincerely,
Wade Tift / 949-636-9711
(@ i LL 7qm&t,
One of the 2019 World's Most Ethical Companies@
Jones Lang LaSalle
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21-348
From: Tran, Andv
To: Lindeman, Marie
Subject: FW: Support of Sunset View Dog Park
Date: Wednesday, November 13, 2019 11:59:34 AM
Hi Marie,
Please tally.
Thanks,
Andy
From: Rieff, Kim <KRieff@newportbeachca.gov>
Sent: Wednesday, November 13, 2019 11:09 AM
To: Tran, Andy <ATran@newportbeachca.gov>
Subject: FW: Support of Sunset View Dog Park
From: Rieff, Kim
Sent: Wednesday, November 13, 2019 11:08 AM
To: Tauscher, Peter <PTauscher(@newportbeachca.gov>
Cc: Mulvey, Jennifer <JMulveyC@newportbeachca.gov>
Subject: FW: Support of Sunset View Dog Park
From: David Schofield <davidcschofield(@gmail.com>
Sent: Wednesday, November 13, 2019 11:00 AM
To: Dept - City Council<CityCouncil(@newportbeachca.gov>
Subject: Support of Sunset View Dog Park
Dear Council Member:
As someone who is not a dog owner I want to go on record as strongly supporting the
proposed dog park as part of the Sunset View Park Improvement Project that will come before
the City Council at your November 19th meeting. A dog park on the west side of Newport
Beach is much-needed and this is a perfect location for it. I am confident that the new dog
park will be used extensively and appropriately by Newport Beach residents as they have the
Civic Center Dog Park.
A dog park is an important amenity to those residents who do not have a place to take their
dogs off -leash, allowing them to play and exercise freely. Thank you for supporting the new
dog park as part of the Sunset View Park Improvements Project that I urge the Council to
approve.
21-349
Thank you.
Sincerely,
David Schofield
714-271-5500
David Schofield
davidcschofield& gmai 1. com
714-271-5500
21-350
From: Tran, Andv
To: Lindeman, Marie
Subject: FW: Dog Park at Sunset View
Date: Wednesday, November 13, 2019 12:02:21 PM
Please tally,
Thanks,
Andy
From: Rieff, Kim <KRieff@newportbeachca.gov>
Sent: Wednesday, November 13, 2019 9:52 AM
To: Tran, Andy <ATran@newportbeachca.gov>
Cc: Mulvey, Jennifer <J Mulvey@ newportbeachca.gov>
Subject: FW: Dog Park at Sunset View
From: billy s <zbillysPgmail.com>
Sent: Wednesday, November 13, 2019 9:50 AM
To: Dept - City Council<CityCouncil(@newportbeachca.gov>
Subject: Dog Park at Sunset View
Dear Council Members:
I want to go on record as strongly supporting the proposed dog park as part of the Sunset View Park
Improvement Project that will come before the City Council at your November 19th meeting.
A dog park on the west side of Newport Beach is much-needed and this is a perfect location for it. I am confident
that the new dog park will be used extensively and appropriately by Newport Beach residents as they have the
Civic Center Dog Park.
A dog park is an important amenity to those residents who do not have a place to take their dogs off -leash,
allowing them to play and exercise freely.
Thank you for supporting the new dog park as part of the Sunset View Park Improvements Project that I urge the
Council to approve.
Thank you & woof
William Seitz
949.300.9132
21-351
From: Jack <yankeeljack@sbcgloba1.net>
Sent: Monday, September 23, 2019 8:06 PM
To: Tran, Andy
Subject: Fwd: City of Newport Beach: Notice of Availability and Intent to
Adopt a Mitigated Negative Declaration
Hi Mr Tran
Would this include a bridge over PCH?
Sent from my 1Phone
Begin forwarded message:
From: City of Newport Beach News <noreply(cr�,newportbeachca.gov>
Date: September 23, 2019 at 5:27:31 PM PDT
To: <yankeeljackksbcglobal.net>
Subject: City of Newport Beach: Notice of Availability and Intent to Adopt a
Mitigated Negative Declaration
Reply -To: <noreplyknewportbeachca.gov>
Notice of Availability and Intent to Adopt a Mitigated Negative
Declaration
Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project
(PA2019-014)
Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project
Post Date: 09/23/2019 5:00 pm
News Splash
Planning Division News Splash:
NOTICE OF AVAILABILITY AND INTENT TO ADOPT A MITIGATED
NEGATIVE DECLARATION FOR THE
SUPERIOR AVENUE PEDESTRIAN AND BICYCLE BRIDGE AND
PARKING LOT PROJECT
(PA2019-014)
21-352
Notice is hereby given that the City of Newport Beach (Lead Agency) has
completed an Initial Study and intends to adopt a Mitigated Negative Declaration
for the Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project,
prepared in accordance with the California Environmental Quality Act (CEQA),
and the CEQA Guidelines.
Project Title: Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot
Project
Project Applicant: City of Newport Beach
Project Location: The proposed Project is located within the City of Newport
Beach and is located approximately 1,000 feet from the coastline in Orange County,
California. The entire Project site is within the boundary of the coastal zone as
established by the California Coastal Act. Currently, an existing City -owned
parking lot with 64 metered parking stalls is located at the northeast corner of this
intersection. Directly east of the existing parking lot is an undeveloped piece of
land with steep slopes. The Project site is surrounded by the Pacific Ocean, Sunset
View Park, Sunset Ridge Park, vegetated hillsides, major roads, and residential
homes. Superior Avenue runs along the western boundary and the West Coast
Highway runs along the southern boundaries of the Project site, respectively.
Project Description: The City proposes the construction of a pedestrian and
bicycle bridge overcrossing Superior Avenue, a new larger parking lot and a fenced
dog park totaling approximately 3.4 acres in size. Due to the proximity to the coast,
the area receives a significant amount of pedestrian and bicycle traffic. Sunset
Ridge Park, constructed in December 2014, is a 13.7 -acre active park with a
baseball field and two soccer fields. Currently, visitors to Sunset Ridge Park use
the existing parking lot across Superior Avenue and cross at the at -grade Superior
Avenue/West Coast Highway intersection because no on-site parking is provided
at Sunset Ridge Park. The new pedestrian and bicycle ramp will provide access to
the parking lot and bridge from the north side of West Coast Highway.
Additionally, the proposed Project would include the construction of a new
sidewalkibike path from the modified parking lot entrance to the proposed bridge.
The proposed bridge would help facilitate movement of pedestrians and bicyclists
across Superior Avenue. The proposed bridge would connect Sunset Ridge Park to
a new, larger asphalt parking lot with a range of 100 to 128 parking spaces.
Construction of the proposed Project would also include the installation of a fenced
dog park, separating large and small dogs, which may include benches and trash
cans. The dog park will be 0.2 to 0.3 acres in size. The dog park would require a
new water service for the water fountain and for irrigation. Security lighting at the
dog park would be down -shielded to prevent light scatter. Hours at the dog park
would be consistent with the Municipal Code which restricts park hours to between
6:00 a.m. and 11:00 p.m. In addition, a shade structure may be installed at the dog
park, approximately 10 to 15 feet in height. The top of the shade structure would
21-353
be below the Sunset View Park ground elevation and would be designed to protect
public coastal views.
Development of the proposed project would require the following approvals from
the City of Newport Beach:
• Coastal Development Permit (CDP) — To allow development of the
project including the parking lot, dog park, and pedestrian/bicycle bridge
in the Coastal Zone.
• Mitigated Negative Declaration (MND) — To address reasonably
foreseeable environmental impacts resulting from the legislative and
project specific discretionary approvals pursuant to CEQA.
Development of the proposed project would require the following approval from
the California Coastal Commission:
Coastal Development Permit Amendment — To amend the Sunset Ridge
Park Coastal Development Permit No. 5-11-302 to allow the bridge
development at the existing park.
On the basis of the Initial Study, City staff has concluded that the project would not
have a significant impact on the environment and has therefore recommended
preparation of a Mitigated Negative Declaration (MND). The Mitigated Negative
Declaration is based on the finding that, by implementing the identified mitigation
measures, the project's potential significant adverse impacts will be reduced to a
less than significant level.
The Initial Study is available for a 30 -day public review period beginning
September 20, 2019, and ending October 21, 2019. Copies of the document are
available for review in the Newport Beach Community Development Department,
100 Civic Center Drive, Bay B, Newport Beach, CA 92660 between the hours of
7:30 a.m. and 5:30 p.m., Monday through Thursday, and 7:30 a.m. and 4:30 p.m.
on Friday. The document is available online: www.newportbeachca. og v/ceq .
Additionally, copies of the document are also available for review at the following
City public libraries during regular business hours:
*Newport Beach Public Library, Central Library, 1000 Avocado Avenue, Newport
Beach, CA 92660
*Newport Beach Public Library, Balboa Branch, 100 East Balboa
Boulevard, Newport Beach, CA 92660
*Newport Beach Public Library, Mariners Branch, 1300 Irvine Avenue, Newport
Beach, CA 92660
*Newport Beach Public Library, Corona Del Mar Branch, 410 Marigold
Avenue, Corona Del Mar, CA 92625
21-354
Written comments on the proposed project must be received no later
than October 21, 2019 at 5:30 p.m. to the attention of Andy Tran, Senior Civil
Engineer, at the address listed below or via email. Your comments should
specifically identify what environmental impacts you believe would result from
the project, why they are significant, and what changes or mitigation measures
you believe should be adopted to eliminate or reduce these impacts. There is no
fee to submit comments. You are also invited to attend and testify at the public
hearings as to the appropriateness of this document.
The Newport Beach City Council will hold a hearing on the project at a future date
in the City Council Chambers, 100 Civic Center Drive, Newport Beach, CA 92660.
An additional public hearing notice will be sent out prior to the City Council's
consideration of the project.
For further information as to the future schedule of hearings, please check:
https://www.newportbeachca. gov/govemment/departments/public-
works/superior-avenue-pedestrian-and-bicycle-brid eg and_parking lot -project.
For additional information, please contact Andy Tran, Senior Civil Engineer, at
(949) 644-3315 or at atranknewportbeachca.gov.
Andy Tran, Senior Civil Engineer
City of Newport Beach, Public Works Department
100 Civic Center Drive, Bay D-2
Newport Beach, CA 92660
Please note: This is an automated message from the City of Newport Beach.
Subscription preferences may be changed by accessing your News & Alerts
account from the City website.
Having trouble viewing this email? View on the website instead.
Change your eNotification preference.
Unsubscribe from all City of Newport Beach eNotifications.
21-355
From: Jack <yankeeljack@sbcgloba1.net>
Sent: Tuesday, September 24, 2019 8:31 AM
To: Tran, Andy
Subject: Re: City of Newport Beach: Notice of Availability and Intent to
Adopt a Mitigated Negative Declaration
Is there a space, engineering or financial constraint to doing bridge over PCH? Also, besides
improved pedestrian safety it would be an awesome view walking/riding over the "Andy Tran"
Bridge to go to beach.
Jack Rose
Newport Crest Homeowner
Ebb Tide Homeower
Sent from my Whone
On Sep 24, 2019, at 7:50 AM, Tran, Andy <ATrangnewportbeachca.gov> wrote:
Good morning Jack,
No, this project does not include the bridge over PCH. It only includes the
pedestrian/bicycle bridge over Superior Ave, a new larger parking lot and a dog park.
Thanks,
Andy Tran, P.E.
Senior Civil Engineer
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Phone:949-644-3315
From: Jack <yankeellack@sbcgloba1.net>
Sent: Monday, September 23, 2019 8:06 PM
To: Tran, Andy <ATran@newportbeachca.gov>
Subject: Fwd: City of Newport Beach: Notice of Availability and Intent to Adopt a
Mitigated Negative Declaration
Hi Mr Tran
21-356
Would this include a bridge over PCH?
Sent from my iPhone
Begin forwarded message:
From: City of Newport Beach News
<noreplyknewportbeachca. gov>
Date: September 23, 2019 at 5:27:31 PM PDT
To: <yankeel: a� ckksbcglobal.net>
Subject: City of Newport Beach: Notice of Availability and
Intent to Adopt a Mitigated Negative Declaration
Reply -To: <noreplynnewportbeachca.gov>
Notice of Availability and Intent to Adopt a Mitigated
Negative Declaration
Superior Avenue Pedestrian and Bicycle Bridge and Parking
Lot Project (PA2019-014)
Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project
Post Date: 09/23/2019 5:00 pm
r
Nears Splash
Planning Division News Splash:
NOTICE OF AVAILABILITY AND INTENT TO ADOPT A
MITIGATED NEGATIVE DECLARATION FOR THE
SUPERIOR AVENUE PEDESTRIAN AND BICYCLE
BRIDGE AND PARKING LOT PROJECT
(PA2019-014)
Notice is hereby given that the City of Newport Beach (Lead
Agency) has completed an Initial Study and intends to adopt a
Mitigated Negative Declaration for the Superior Avenue Pedestrian
and Bicycle Bridge and Parking Lot Project, prepared in accordance
with the California Environmental Quality Act (CEQA), and the
CEQA Guidelines.
21-357
Project Title: Superior Avenue Pedestrian and Bicycle Bridge and
Parking Lot Project
Project Applicant: City of Newport Beach
Project Location: The proposed Project is located within the City
of Newport Beach and is located approximately 1,000 feet from the
coastline in Orange County, California. The entire Project site is
within the boundary of the coastal zone as established by the
California Coastal Act. Currently, an existing City -owned parking
lot with 64 metered parking stalls is located at the northeast corner
of this intersection. Directly east of the existing parking lot is an
undeveloped piece of land with steep slopes. The Project site is
surrounded by the Pacific Ocean, Sunset View Park, Sunset Ridge
Park, vegetated hillsides, major roads, and residential homes.
Superior Avenue runs along the western boundary and the West
Coast Highway runs along the southern boundaries of the Project
site, respectively.
Project Description: The City proposes the construction of a
pedestrian and bicycle bridge overcrossing Superior Avenue, a new
larger parking lot and a fenced dog park totaling approximately 3.4
acres in size. Due to the proximity to the coast, the area receives a
significant amount of pedestrian and bicycle traffic. Sunset Ridge
Park, constructed in December 2014, is a 13.7 -acre active park with
a baseball field and two soccer fields. Currently, visitors to Sunset
Ridge Park use the existing parking lot across Superior Avenue and
cross at the at -grade Superior Avenue/West Coast Highway
intersection because no on-site parking is provided at Sunset Ridge
Park. The new pedestrian and bicycle ramp will provide access to
the parking lot and bridge from the north side of West Coast
Highway. Additionally, the proposed Project would include the
construction of a new sidewalk/bike path from the modified parking
lot entrance to the proposed bridge. The proposed bridge would help
facilitate movement of pedestrians and bicyclists across Superior
Avenue. The proposed bridge would connect Sunset Ridge Park to
a new, larger asphalt parking lot with a range of 100 to 128 parking
spaces. Construction of the proposed Project would also include the
installation of a fenced dog park, separating large and small dogs,
which may include benches and trash cans. The dog park will be 0.2
to 0.3 acres in size. The dog park would require a new water service
for the water fountain and for irrigation. Security lighting at the dog
park would be down -shielded to prevent light scatter. Hours at the
dog park would be consistent with the Municipal Code which
restricts park hours to between 6:00 a.m. and 11:00 p.m. In addition,
a shade structure may be installed at the dog park, approximately 10
21-358
to 15 feet in height. The top of the shade structure would be below
the Sunset View Park ground elevation and would be designed to
protect public coastal views.
Development of the proposed project would require the following
approvals from the City of Newport Beach:
• Coastal Development Permit (CDP) — To allow
development of the project including the parking lot, dog
park, and pedestrian/bicycle bridge in the Coastal Zone.
• Mitigated Negative Declaration (MND) — To address
reasonably foreseeable environmental impacts resulting
from the legislative and project specific discretionary
approvals pursuant to CEQA.
Development of the proposed project would require the following
approval from the California Coastal Commission:
• Coastal Development Permit Amendment — To amend
the Sunset Ridge Park Coastal Development Permit No. 5-
11-302 to allow the bridge development at the existing
park.
On the basis of the Initial Study, City staff has concluded that the
project would not have a significant impact on the environment and
has therefore recommended preparation of a Mitigated Negative
Declaration (MND). The Mitigated Negative Declaration is based
on the finding that, by implementing the identified mitigation
measures, the project's potential significant adverse impacts will be
reduced to a less than significant level.
The Initial Study is available for a 30 -day public review period
beginning September 20, 2019, and ending October 21, 2019.
Copies of the document are available for review in the Newport
Beach Community Development Department, 100 Civic Center
Drive, Bay B, Newport Beach, CA 92660 between the hours of 7:30
a.m. and 5:30 p.m., Monday through Thursday, and 7:30 a.m. and
4:30 p.m. on Friday. The document is available
online: www.newportbeachca.gov/ceqa. Additionally, copies of the
document are also available for review at the following City public
libraries during regular business hours:
*Newport Beach Public Library, Central Library, 1000 Avocado
Avenue, Newport Beach, CA 92660
*Newport Beach Public Library, Balboa Branch, 100 East Balboa
21-359
Boulevard, Newport Beach, CA 92660
*Newport Beach Public Library, Mariners Branch, 1300 Irvine
Avenue, Newport Beach, CA 92660
*Newport Beach Public Library, Corona Del Mar Branch, 410
Marigold Avenue, Corona Del Mar, CA 92625
Written comments on the proposed project must be received no
later than October 21, 2019 at 5:30 p.m. to the attention of Andy
Tran, Senior Civil Engineer, at the address listed below or via
email. Your comments should specifically identify what
environmental impacts you believe would result from the project,
why they are significant, and what changes or mitigation measures
you believe should be adopted to eliminate or reduce these
impacts. There is no fee to submit comments. You are also invited
to attend and testify at the public hearings as to the appropriateness
of this document.
The Newport Beach City Council will hold a hearing on the project
at a future date in the City Council Chambers, 100 Civic Center
Drive, Newport Beach, CA 92660. An additional public hearing
notice will be sent out prior to the City Council's consideration of
the project.
For further information as to the future schedule of hearings,
please check:
https://www.newportbeachca. gov/government/departments/public-
works/superior-avenue-pedestrian-and-bicycle-brid ee�parking_-
lot -project.
For additional information, please contact Andy Tran, Senior Civil
Engineer, at (949) 644-3315 or at atran(abnewportbeachca.gov.
Andy Tran, Senior Civil Engineer
City of Newport Beach, Public Works Department
100 Civic Center Drive, Bay D-2
Newport Beach, CA 92660
Please note: This is an automated message from the Cityo
Newport Beach. Subscription preferences may be changed by
accessing your News & Alerts account from the City website.
Having trouble viewing this email? View on the website instead.
21-360
Change your eNotification preference.
Unsubscribe from all Citv of Newport Beach eNotifications.
21-361
From: CJ Gehlke <cj@reonationwide.com> on behalf of Team
<info@reonationwide.com>
Sent: Wednesday, September 25, 2019 6:52 PM
To: Tran, Andy
Subject: PCH and Superior plans
The corner's highest and best use to serve the community best with the least amount of added danger
to that high traffic high death rate corner is a police substation as was previously proposed in
conjunction with the community center idea last year. The north side of Newport relies on a police
station on the south side of the city and with crime and accidents up in our area, a police substation
established prior to the added new development destined to proceed in the future (Banning Ranch) this
will greatly help to serve our community.
A dog park or other "social" plan will add more traffic and pedestrian's to this already dangerous
corner.
Thank you.
21-362
From: CJ Gehlke <cj@reonationwide.com>
Sent: Wednesday, September 25, 2019 6:51 PM
To: Tran, Andy
Cc: 'Mark Wilser'; dgero@gmaili.com; Onecall4alll@verizon.net
Subject: See attached letter re: Proposed Dog Park on Superior Ave.
Attachments: Scan.pdf
Please note attached letter regarding the dog park.
NOTE: Highest and best use for this property --Can a police substation please be considered as it was
brought up as a possibility last year in conjunction with the possibility of a community center.
1. Less additional traffic on an already dangerous corner
2. Better response time for police to the entire north side of Newport
3. Police presence that will be in place when Banning Ranch starts development
Thank you.. CJ Gehlke
Thanks for letting me help you today!
CJ Gehlke, CEO/Founder
licensed since 1979 DRE No. 00803243
REO Nationwide, Inc.
Beneficial RE Inc.
DRE No. 01334672
www.reonationwide.com
Office: Newport Beach, CA 92663
Mail: 1927 Harbor Blvd. Suite 100
Costa Mesa, CA 92627
cj@reonationwide.com
phone: 888.700.0868 x 326
fax: 888.700.0868
Linkedln: www.linkedin.com/pub/carol-jean-%22cj%22-gehlke/a/9l5/714
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21-363
September 4, 2019
Ms. Diane Dixon, Newport Beach Mayor
Mr. Brad Avery, City Council Member
Mr. Duffy Duffield, City Council Member
Mr. Kevin Muldoon, City Council Member
Mr. Jeff Hardman, City Council Member
Ms. Joy Brenner, City Council Member
Mr. Will O'Neill, City Council Member
100 Civic Center Drive
Newport Beach, CA 92660
Via email: cit council new rtbeachca. ov
Recreation & Senior Services Director
L,Detweiler� newportbeachca. gov
CC:
Villa Balboa Home Owner's Association
CIO Ryan Darby
RDarby@actionlife.com
Re: Proposed Dog Park on Superior Avenue
Dear Ms. Dixon and City Council Members:
I have recently become aware of the proposed dog park on Superior Avenue that is
included in the project to add more parking for and a bridge to Sunset Ridge Park.
Important Note: The following text is an example but should be replaced or modified
with your personal thoughts ... for ideas see "Talking Points for Sunset View Dog Park"
I want to go on record with you and the Villa Balboa HOA in opposing the dog park.
For its entire 40 -year existence the Villa Balboa community has prohibited dogs. This
has been the basis for many residents to purchase homes there. The HOA Board has
gone to considerable length to not modify any regulations as this would jeopardize this
grandfathered "no dogs" regulation. It is hard to see the logic of putting a dog park so
close to such a housing community when the city has other potential sites for a dog
park. Research presented by a local resident at the Parks, Beaches and Recreation
Department hearing on August 6 t confirmed other dog parks in our area (10 were
profiled on google earth) have a material buffer zone between the dog park and
residences. In this case the proposed dog park is immediately adjacent to a building
with 54 homes (200 Paris Lane) and a complex (Villa Balboa) with 400 homes as well
as being next to a hospital property all connected to the proposed site by a walking
path. While the existing Newport Beach Civic Center dog park is shorter in distance to
the few nearest homes it also has the busy MacArthur Boulevard with four lanes and a
21-364
median with trees providing a meaningful buffer and containment of the dogs that leave
the dog park.
It is my understanding that Villa Balboa homeowners who have emotional support or
other medically prescribed dogs and attended a Villa Balboa HOA meeting regarding
the agenda item of adding a bridge did so as they look forward to walking their dog in
the large Sunset Ridge Park across the street.
There are a number of other very practical reasons why this is not the right place nor
time for a dog park at this location.
• Superior Avenue is already a dangerous road with many accidents, including cars
veering onto the sidewalk and even crashing through the Villa Balboa fence, in the
vicinity of this location heading up hill from Pacific Coast Highway. The additional
cars, people, and dogs (some of whom will inevitably get -off leash outside the dog
park) will add distractions to drivers on an already dangerous road.
• Smells, sounds, and pathogens carry, and those who enjoy the Sunset View Park
and live near it will suffer.
• Newport Beach already fails to enforce leash laws in Sunset View Park.
• The shade and benches essential to making this a usable dog park will also attract
more homeless; there is already a homeless problem in the very parking lot that is
being expanded. We know that neighbors near the existing Civic Center dog park,
which is also near a homeless encampment, complain of finding needle caps at the
dog park.
For those of us who live near and use Sunset View Park, we know what a great job the
City has done making that a tranquil vista for those seeking ocean, sunset, and even
fireworks views. If you have been to Sunset View Park you will see that its many
visitors de facto have expanded the park into an area now slated to become part of the
dog park. There are many uses for this valuable land with a unique and beautiful view.
And we encourage the City to consider expanding Sunset View Park or at a minimum
providing further green space as part of its bridge and parking lot development.
S'erely
Ms. arol Jean Gehlke
200 Paris Lane Apt. 106
Newport Beach, CA. 92663
cj@reonationwide.com
949-500-9434
21-365
From: CJ Gehlke <cj@reonationwide.com>
Sent: Wednesday, September 25, 2019 6:53 PM
To: Tran, Andy
Cc: 'Mark Wilser'
Subject: Signage on PCH and Superior
Thank you for your work on this dog park issue. I consult by profession on highest and best use issues for
developers and lenders nationwide, and have done so for over 30 years. So I bring some experience to
my suggestion.
Again, the highest and best use for that corner with both present fatalities and accidents on that corner
and the future Banning Ranch project is:
Police Sub -station. There is no police presence on this side of Newport. The quick response to the
accidents and thefts here would be such a great thing for the community. A sub station was previously
proposed as part of the community center idea. At that time, the voices from the neighborhood were
loudly hoping that if anything proposed were resisted, the corner might be left alone. That corner is too
expensive and high value dirt to leave alone. It will be developed. So to suggest what might service the
community best with the dangerous corner in mind would be a far better response than simple and
repeated opposition.
It is my understanding that the Police Dept could be approached again, as they were involved previously
on the prior plan to incorporate a substation there, asking for support for a substation.
Less traffic, less pedestrians, presence both at the ready when needed and a visual deterrent to the
problems currently occurring on that corner. Not one day goes by that on my twice daily walk I am
nearly run down by a car blowing through a red and cars speeding through nearly hitting pedestrians. A
cash infusion could be the result of the ticket potential from both unleashed dogs in both adjacent parks
and the constant traffic infractions on that corner.
Please redirect attention to a police substation as an alternate concept which would be highly useful, life
saving and provide much needed support for the upcoming development next to the Ridge Park as well.
Thanks for letting me help you today!
CJ Gehlke, CEO/Founder
licensed since 1979 DRE No. 00803243
REO Nationwide, Inc.
Beneficial RE Inc.
DRE No. 01334672
www.reonationwide.com
Office: Newport Beach, CA 92663
Mail: 1927 Harbor Blvd. Suite 100
Costa Mesa, CA 92627
ci@reonationwide.com
phone: 888.700.0868 x 326
fax: 888.700.0868
Linkedln: www.linkedin.com/pub/carol-jean-5K.22ci5K.22-gehlke/a/9l5/7l4
------------------------------------------
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BPO and APPRAISAL Services - Individual or Volume Bulk
BULK Sale Facilitation
21-366
Your Outsource company for life. My team and 1 are committed to
providing you with extraordinary personalized service 100% of the
time. Our mission is to build a solid, life-long relationship with you.
The goal is to meet and exceed your expectations for the lifetime of
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you feel compelled to refer people you respect to us. The greatest
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21-367
From: Brine, Tony
Sent: Thursday, September 26, 2019 12:19 PM
To: 'dave@earsi.com'
Cc: Jurjis, Seimone; Webb, Dave (Public Works); Tran, Andy
Subject: RE: Clarification of Updated CEQA Guidelines
Dear Mr. Tanner,
I have been asked to respond to your question regarding CEQA analysis of transportation/traffic impacts
with City CIP projects, or private development projects.
As I'm sure you are aware, Senate Bill 743 contains Guidelines regarding assessment of projects using
VMT as the measure of transportation impacts. The CEQA Guidelines that implement SB 743 were
approved on December 28, 2018. July 1, 2020 is the statewide implementation date and agencies may
opt -in use of new metrics prior to that date. Prior to that July date, the city will determine our most
appropriate thresholds.
For the Superior Bridge project, the CEQA Transportation analysis was appropriate because there is no
trip generation associated with the project.
For the Newport Village Mixed Use development project, there will be a traditional traffic level of
service (LOS) analysis and a CEQA vehicle miles travelled (VMT) analysis. The traffic analysis "Traffic
Study' will use LOS as the impact threshold and will be prepared per the city's Traffic Phasing Ordinance
(TPO) guidelines. The CEQA analysis will be prepared using the Governor's Office of Planning and
Research (OPR) guidelines.
The use of both LOS and VMT will be model for traffic and transportation analysis for CEQA documents. I
hope this helps answer your questions.
Tony Brine, P.E., T.E.
City Traffic Engineer
100 Civic Center Drive
Newport Beach, CA 92660
Phone: (949) 644-3329
e-mail: tbrine(a,newportbeachca.gov
From: Jurjis, Seimone
Sent: Tuesday, September 24, 2019 3:00 PM
To: Webb, Dave (Public Works) <DAWebb@newportbeachca.gov>; Brine, Tony
<tbrine@newportbeachca.gov>
Subject: FW: Clarification of Updated CEQA Guidelines
21-368
SEIMONE JURJIS, P.E., C.B.O.
Community Development Department
Community Development Director
siuriis@newportbeochca.aov
949-644-3282
From: dave@earsi.com [mailto:dave@earsi.com]
Sent: Tuesday, September 24, 2019 2:39 PM
To: Jurjis, Seimone <siuriis@newportbeachca.gov>
Cc: Harp, Aaron <aharp@newportbeachca.gov>
Subject: Clarification of Updated CEQA Guidelines
Hi Seimone,
I intent to make the following request for clarification at today's City Council meeting.
Non -Agenda Item
Clarification on the City's position regarding the implementation of the Resource Agencies Updated
CEQA Guidelines
On December 28, 2018 the Resources Agency adopted updated Guidelines for compliance with the
California Environmental Quality Act. The Updated Guidelines made significant changes reflecting
recent court decisions and changes to streamline the CEQA process. One of these changes was the
elimination of an analysis of a project's "Traffic" impacts and the inclusion of an analysis of a project's
"Transportation" impacts. In simple terms "Traffic" is the evaluation of a project's vehicular delay and
congestion. "Transportation" is the evaluation of a project's vehicular trip lengths and vehicle miles
traveled.
The City has published a Notice of Availability and Intent to Adopt a Mitigated Negative Declaration for
the Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project (Pa2019-014). (I support this
project but feel that the parking capacity should be increased by one or more underground parking
levels due to the scarcity of areas available for such uses.) The Draft CEQA document for this project
does not contain an evaluation of the project's "traffic" impacts. It includes a discussion of the project's
"Transportation" impacts.
In contrast Consent Calendar Items 13 on today's Agenda is the award of a contract for CEQA services
for the Proposed Newport Village Mixed -Use Project Located in the 2000 Block of West Coast Highway
(PA2017-253). (I support Staff's conclusion an EIR be prepared for this project). However, the scope of
work for this EIR includes a Traffic Study.
Therefore, I request the City clarify its position on this important element of CEQA.
How will "Traffic" be considered in CEQA documents?
Feel free to call if you have questions.
21-369
Cheers,
Dave
David J. Tanner, President
Environmental & Regulatory Specialists, Inc.
223 62nd Street
Newport Beach, CA 92663
949 646-8958 wk
949 233-0895 cell
Notice of Confidentiality:
This e-mail and any attachments thereto, is intended only for use by the address(s) named herein and
may contain legally privileged and/or confidential information. If you are not the intended recipient of
this e-mail, you are hereby notified that any dissemination, distribution or copying of this email, and any
attachments thereto, is strictly prohibited. If you have received this e-mail in error, please notify me by
e-mail by replying to this message and permanently delete the original and any copy of any email and
any printout thereof.
21-370
Community Development
1 Civic Center Plaza, Irvine, CA 92606-5208
October 21, 2019
Mr. Andy Tran
City of Newport Beach
Public Works Department
100 Civic Center Drive
Newport Beach, CA 92660
cityofirvine.org
949-724-6000
Subject: Notice of Availability and intent to Adopted a Mitigated Negative
Declaration for the Superior Avenue Pedestrian and Bicycle Bridge
and Parking Lot Project in the City of Newport Beach
Dear Mr. Tran:
City of Irvine staff is in receipt of a Mitigated Negative Declaration for the Superior Avenue
Pedestrian and Bicycle Bridge and Parking Lot Project in the City of Newport Beach. The
project is adjacent to Sunset Ride Park and Sunset View Park, and approximately 1,000
feet away from the coastline. The project proposes a new pedestrian and bicycle bridge
overcrossing Superior Avenue, a 3.4 acre dog park, and a parking lot expansion. The
project is intended to facilitate movement for pedestrians and bicyclists across Superior
Avenue and provide more parking opportunities for Sunset Ridge Park. Staff reviewed
the project and has no comments.
If you have any questions, you may contact me at 949-724-6364 or by email at
jequina@cityofirvine.org.
I'uina
Planner
cc: Kerwin Lau, Manager of Planning Services
Marika Poynter, Principal Planner
21-371
Andy Tran, P.E.
Senior Civil Engineer
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA. 92660
October 22, 2019
Deborah A. Gero
1341 Berea Place
Pacific Palisades, CA. 90272
Owner of:
200 Paris Lane 112
Newport Beach, CA 93663
debigero@gmail.com
RE: Draft/Initial Study/Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project
Andy:
I would like to take you up on your offer to submit questions that I have regarding the above
report. My questions are from the perspective of the closest building at Villa Balboa (200 Paris
Lane) to the dog park and from the perspective of Sunset View Park, which will be immediately
adjacent to the dog park, as I have had the occasion to make personal observations and see
preferences from many others in the community who currently use and appreciate Sunset View
Park. When I use the word "City", I am referring broadly to the City of Newport Beach, which
would include all departments, such as Recreation and Senior Services.
Generally:
Distance from the proposed dog park to nearest homes:
What is an official and accurate measure of the closest distance of the nearest Villa Balboa unit
to the dog park? It looks like three different measures used for how close residents are to the
dog park. On page 52, it states that residents in the northeast are 220 feet away, page 105
states that they are 260 feet away, and the presentation dated August 6, 2019 titled "Lover
Sunset View Park Conceptual Design" indicates that the distance is 250 feet.
Measurement points for the study:
Why were there no measurement points at Sunset View Park and Villa Balboa in the proximity
of the project?
For a multi story residence, should there be measurement points at various heights?
Even with the existing measurement points, why doesn't the City feel that the area is over the
noise limit for residential already, when the closest measuring point to the residential Villa
Balboa complex measuring 67.0 (d BA Leq) (Table 4-21)?
Page 1 of 5
21-372
Visitors to the parking lot and dog park:
What has the City (not Chambers but the City) assumed (increased daily visits) for:
Usage of the parking lot in order to justify the spend?
The dog park?
Does the City plan to increase scheduled activities at Sunset Ridge Park?
How do Chamber's assumptions on usage compare to the City's?
What's not in the report:
Why is there is no reference to the traffic record on the stretch of Superior Blvd., particularly
the side of the road where traffic heads inland from PCH to Ticonderoga?
How would the development impact the safety record?
Why is there no assessment of the City's current enforcement of leash laws or rules at the
existing dog park?
Was there a survey taken of the sentiment toward a dog park of the immediately adjacent 450
home Villa Balboa Community?
Was the fact the Villa Balboa community has been a "no dog" community for forty (40) years
considered in location selection?
Was there any survey taken of the sentiment toward a dog park of the large number of current
users of Sunset View Park (ex. Those who aggregate in the evening?)
Specifically:
4.1 Aesthetics
— Why weren't any photos taken from Sunset View Park? This park will now look directly
down on the dog park.
— Why hadn't the City previously maintained "large mound of dirt"?
— Why wasn't it acknowledged that the "large mound of dirt" offers the best views in the area
and has functioned as a de facto extension of Sunset View Park?
— Lighting
— How will this impact Sunset View Park?
— What hours will each of the bridge, the parking lot, and the dog park be lit?
Page 2 of 5
21-373
4.3 Air Quality
On page 51, the document notes that "The proposed pedestrian bridge and parking lot are not
anticipated to create any additional vehicle trips...".
— Is this the City's assumption?
— If beachgoers are now aware of additional parking in Superior, why would that not generate
additional trips on Superior?
— How does this reconcile with what is posted at newportbeachca.gov which states: "The
existing parking lot only has 64 parking stalls and does not provide adequate parking for large
organized sporting events. The primary goals of this project are to increase parking and
improve pedestrian and bicycle safety and access to Sunset Ridge Park"?
— In Section 4.16.1 on "Recreation", the document notes that the plan "The proposed Project
includes additional parking facilities for the uses of the dog park and accommodates users of
Sunset Park". 36 - 64 new spaces noted on page 6 (in reference to total spaces of 100 to 128
spaces): how can this not be generating more pollution and noise in the immediate area
(addressed in a subsequent section)?
— When determining additional trips for the dog park, what hours of operation were
assumed? 6 am to dusk (as posted on the City's website), as are the hours at the existing
Newport Beach dog park or 6 am to 11 pm, noted on page 7 as hours that the dog park
operation would fall within, or other?
Section 4.3.3 question on page 53 regarding impact of emissions and odors of the dog park:
— Can the City or Chamber site scientific analysis?
— What are the odors and biological contaminants that build up in dog parks over a day,
particularly one with anticipated usage such as this one? (I assume usage is assumed to be
extensive or why would the city consider spending tax dollars on building out the requisite
infrastructure and providing daily maintenance). consider conditions where visitors to the dog
park fail to respect all the rules and appropriately considers the "Atmospheric Setting" set out
in section 4.3.2. These conditions don't seem to be considered in any way as there seems to
be an assumption of perfect behavior by dog owners and the City in the Section 4.3.3.
— Can the Chambers group site studies of what actually happens at dog parks regarding
human behavior, particularly when the dog park is not near the dog owners home (since the
nearest housing doesn't allow dogs)?
— What methodology did the City use in determining use of the dog park? Does this differ
from Chambers Group assumptions, methodologies, and conclusion that there will be nine or
fewer vehicular trips in a day to the dog park?
— Will the turf will be watered daily as noted in the report?
— Will the entire park be made out of natural turf as stated?
— The current Newport Beach dog park is closed for cleaning Wednesdays from 7 am to 9
am. What is the nature of this cleaning and how does it differ from the daily cleaning?
4.11. Land Uses and Planning
— Why isn't the impact on Sunset View Park considered?
— Why didn't the report note that the "mound of dirt" has de facto become an extension of
the park, offering some of the best coastal views around?
— Why does the report conclude that "The uses will be consistent with what is currently
onsite" when Sunset View Park is not considered? Is this conclusion realistic if users of
Sunset View Park value a quiet, serene environment with fresh air and unobstructed ocean
views (currently free of fences, caged animals, and shade structures)?
Page 3 of 5
21-374
4.13. Noise
— Why wasn't at least one noise measurement taken at Villa Balboa or Sunset View Park?
— Why do you feel confident that a reading taken on the opposite side of the street and near
the street (based on the mislabeled photos in Appendix H) is appropriate to the places where
people either live or sit (when visiting the park)?
— Why was one twenty four hour period in summer used for measurement in a highly
seasonal community?
— Why was the approach that uses summary data and averages deemed appropriate? Are
there other methods that use more detailed data?
— Did the study consider impact on sound that the change in shape, slope, and surface of the
area where the dog park will be, even absent the noise generated by the dog park?
— The study seems to assume that ambient noise and noise from the new development is
constant when it compares the each of the new project's noise level to that of the existing
ambient noise. Are there other common approaches that would make different assumptions?
— How is the study for the Beverly Hills Dog Park relevant, given that it is a park that:
— is located largely in a commercial area
— requires registration of dogs by Beverly Hills residents and is for the use of Beverly
Hills residents
— requires key fob access
— limits the number of dogs that can be at the park at any one time
— is a park 2 to 3 times the size of the proposed Newport Dog Park
— is not in proximity to a multi family housing complex that does not allow dogs
— potentially has different hours than the proposed Newport Dog Park (6 am to 11 pm
in Newport Beach (unless some other hours not noted in the study are being used) vs. 6 am to
9 pm in Beverly Hills)?
— has different topological considerations — Beverly Hills is flat while the proposed
Newport Dog Park is up a hill?
— Rincon thought another dog park study was relevant to it, which doesn't seem to be
the case here?
— Is there any study that shows the noise impact of a given number of barking dogs spread in
various area sizes? At .2 - .3 acres, this park is substantially less than the 1 acre minimum
recommendation of the National Kennel Association and the Humane Society of the United
States since "smaller parks may experience overcrowding problems" (found at
humanesociety.org).
— Does dog barking behavior change depending on the space for a given number of dogs?
— According to an August 1, 2019, article in the "Whole Dog Journal: "Parks that are small,
overcrowded and boring greatly increase the likelihood of inappropriate canine behavior
(fights)." How was this considered for this park of this size?
— What are the range of assumptions reasonable to test for the standard attenuation rate,
given the topography and atmospheric conditions at the site?
— Am I reading the document correctly and we assume that the Superior Avenue
measurement (Table 4-21) is a good one for the adjacent areas, at a level of 67, isn't this
already in excess of residential noise limits?
— What is the formula and result for adding the dog park noise to the existing noise at
Sunset View Park?
On page 104, there is reference to a CalEEMod estimating the trips to the dog park.
— On page 51, it states that they used the assumption of trips to parks of similar small size.
Why is that a reasonable assumption since a park is not a dog park?
Page 4 of 5
21-375
— What did the City of Newport Beach assume when making the decision to pursue a dog
park?
— Appendix H:
— Are the photos mislabeled?
— Where is the CalEEMod work done and referenced on page 104 that indicates nine
of fewer new visitors for the dog park?
— What will be the process to measure the real impact of noise after the park is complete?
— Will the City replace the dog park or eliminate parking if actual impact (assuming
appropriate and consistent measurement) on Sunset View Park or Villa Balboa is worse than
assumed in this report?
4.16. Recreation
— Why was Sunset View Park not considered in the assessment in this section?
— Were local residents in Villa Balboa surveyed regarding the desired use?
— How will the homeless be patrolled in a dog park that has attributes desirable to the
homeless — shaded benches, protected areas?
Safety — NOT INCLUDED IN THE ENVIRONMENTAL
How has traffic safely been considered by the additional visitors to the parking area?
— Could I be provided analysis the City has done on this? If it has not done this work, why
not?
— How are actual traffic incidents on Superior considered when additional trips are
considered?
— How will the bridge help to mitigate the acceleration and speeding that already occurs on
Superior as vehicles head away from the beach (driving behaviors that have lead to cars
jumping the curb)?
Oversight and Supervision — NOT INCLUDED IN THE ENVIRONMENTAL
— What is the the record of the City in providing citations (other than at the high profile area at
the end of Newport Beach near Huntington Beach) broadly and specifically at Sunset View
Park for violations separately regarding dogs off leash and failure to pick up dog waste?
— What is the history and patrol and removals for violations at the existing Newport Beach
dog park?
I look forward to hearing from you.
Thank you.
Sincerely,
Deborah A. Gero
Page 5 of 5
21-376
State of California — Natural Resources Agency GAVIN NEWSOM, Govemor K
f.
DEPARTMENT OF FISH AND WILDLIFE CHARLTON H. BONHAM, Director �I
South Coast Region
3883 Ruffin Road
San Diego, CA 92123
(858) 467-4201
www.wildlife.ca.gov
October 22, 2019
Mr. Andy Tran
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92550
atran@newpoftbeachca.gov
Subject: Comments on the Notice of Intent to Adopt a Mitigated Negative
Declaration for the Superior Avenue Pedestrian and Bicycle Bridge
Parking Lot Project, Newport Beach, CA (SCH# 2019099074)
Dear Mr. Tran:
The California Department of Fish and Wildlife (Department) has reviewed the above -
referenced Notice of Intent to Adopt a Mitigated Negative Declaration (MND) for the
Superior Avenue Pedestrian and Bicycle Bridge Parking Lot, dated September 2019.
The following statements and comments have been prepared pursuant to the
Department's authority as Trustee Agency with jurisdiction over natural resources
affected by the project (California Environmental Quality Act [CEQA] Guidelines §
15386) and pursuant to our authority as a Responsible Agency under CEQA Guidelines
section 15381 over those aspects of the proposed project that come under the purview
of the California Endangered Species Act {Fish and Game Code § 2050 et seq.} and
Fish and Game Code section 1600 et seq. The Department also administers the Natural
Community Conservation Planning (NCCP) program. The City of Newport Beach (City)
is a participating landowner under the Central/Coastal Orange County NCCP1Habitat
Conservation Plan.
The project will construct a pedestrian and bicycle bridge over Superior Avenue,
connecting Sunset Ridge Park to a new asphalt parking lot located at the northeast
corner of West Coast Highway, as well as create a new larger parking lot and a fenced
dog park on 3.4 acres. Habitats observed on site include Artemisia califomica-
Eriogonum fasciculatum shru bland (0.01 acre), ornamental landscaping (1.'19 acres),
disturbed/ruderal (1.16 acres), and developed area (1.09 acres). Protocol surveys for
coastal California gnatcatcher (Polioptila califomica califomica; Endangered Species
Act- listed threatened) were conducted.
We offer the following comments and recommendations to assist the City in avoiding or
minimizing potential project impacts on biological resources.
1. VViith regard to burrowing owl (Achene cuniculatia; California Species of Special
Concern):The MND states that, "[d]ue to the level of disturbance in the area of the
ConseMing Cafifornia's Wifffife Since 1870
21-377
Mr. Andy Tran
City of Newport Beach
October 22, 2019
Page 3 of 5
References
CDFG (California Department of Fish and Game). 2012. Staff Report on Burrowing Owl
Mitigation. Sacramento, California, USA.
Gervais, J. A., D. K. Rosenberg, and L. A. Comrack. Burrowing Owl (Achene
cunicularia) in Shuford, W.D. and T. Gardali, editors. 2008. California Bird Species of
Special Concern: A ranked assessment of species, subspecies, and distinct populations
of birds of immediate conservation concern in California. Studies of Western Birds 1.
Western Field Ornithologists, Camarillo, California, and California Department of Fish
and Game, Sacramento, California, USA.
21-378
STATE OF CALIFORNIA—CALIFORNIA STATE TRANSPORTATION AGENCY
DEPARTMENT OF TRANSPORTATION
DISTRICT 12
1750 EAST FOURTH STREET, SUITE 100
SANTA ANA, CA 92705
PHONE (657) 328-6310
FAX 657) 328-6510
TTY 711
www.dot.ca.go
October 22, 2019
Mr. Andy Tran
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Dear Mr. ran,
_......... Gavin Newsom, Governor
Making Conservation
a California Way of Life.
File: IGR/CEQA
SCH #: 2019099074
IGR # 2019-01233
SR1
PM 20.37
Thank you for including -he California Department of Transportation (Caltrans) in the
review of the Notice of Completion (NOC) for the Initial Study (IS) for the Superior
Avenue Pedestrian and Bicycle Bridge and Parking Lot Project in Newport Beach. The
mission of Caltrans is to provide a safe, susta'noble, integrated and efficient
transportation system to enhance California's economy and livability.
The City of Newport Beach (City) proposes the construction of a pedestrian and bicycle
bridge ore crossing Superior Avenue, a new larger parking lot with a range of 100 to
128 parlcnyl spaces and a fenced dog park on an approximately 3.4 -acre site. The
proposed bridge will connect Sunset Ridge Park to the new asphalt parking lot located
at the northeast corner of West Coast Highway and Superior Avenue.
The proposed Project is located within the City of Newport Beach and is located
approximately 1,000 feet from the coostl'ne. Currently, an existing City -owned parking
lot with 64 metered parking stalls is located at the ^ortheast corner of this intersection.
The existing Superior Parking Lot is clpproximately 0.64 acres, with the driveway to the
parking lot at approximately 0.17 acres. Access to the existing parking lot is available
via an entrance off Superior Avenue for vehicles, and via a concrete pathway from the
intersection of Superior Avenue and Pac'fic Coast Highway (SR 1) for pedestrians and
bicyclists. Directly east of the existing parking lot is an undeveloped piece of land with
steep slopes with ground elevations ranging from approximately 10 feet near SR 1, to
approximately 75 feet near Sunset View Park. Properties and land uses adjacent to the
Project site include Sunset Ridge Park, Sunset View Park, Villa Balboa and Newport Crest
residential communities, and the lower campus of Hoag Hospital. A shopping center
and the Lido Sands residential community are located to the south across SR 1 from the
Project site. SR 1 is owned and operated by Caltrans. Caltrans is a responsible agency
and has the following comments:
"Provide a sae, sustainable, integrated and efficient transportation system to enhance California's economy and livability"
21-379
City of N wport Beach
October 2, 2019
Page 2
Traffic Operations:
1. In the Initial Study, Section 2.3.4 mentions that construction will take 14-18 months
for completion and it will avoid the fall and spring months. Please note that
temporary lane closure or significant increase in construction traffic along Pacific
Coast Highway between Memorial Day and Labor Day is not recommended.
2. In the Initial Study, Section 2.3.4 also mentions that construction will occur during
the daytime hours of 7am to 4:30pm. Please note that temporary closures on
Pacific Coast Highway should only be between the hours of 9am to Spm.
fro
jeci Management
There is a Safety Improvement project by Caltrans (OQ830K) that proposes to
modify traffic signals and add safety lighting at the intersection of SR 1 and
Superior Avenue. Caltrans' project may conflict with the City's future
improvement project at this intersection. Please contact Caltrans Project
Marcger, Bob Bazargan at oob.bazaraan@dot.ca.gov or (657) 328-6298, in
order to coordinate all project stages and development for the Superior Avenue
Pedestrian and Bicycle Bridge and Parking Lot Project.
Transportation Planning
1. Co-sider including wayfinding signage for pedestrians and bicyclists in the
project vicinity. This will encourage the use of Active Transportation and improve
safe `v for Active Transportation users.
2. Co-isider providing secure bicycle storage on the project site, especially near
Sunset Ridge Park. This will encourage visitors to utilize Active Transportation to
access the site, thus improving air qua'.ity and reducing congestion.
3. Ensure that the project will be accessible to ADA -reliant visitors. In the subsequent
phases, consider discussing how ADA -reliant users will access the proposed
parking lot from the intersection of Superior Avenue and West Coast Highway.
Providing ADA -compliant accessibility will ensure that all visitors, regardless of
abili`y, will have access to the site and its services, as well as access to the
coos al zone.
4. There are existing pedestrian, bicycle, and transit facilities near or adjacent to
the site, including regionally significant trails and corridors like the Santa Ana
River Trail, Banning Channel Bikeway. and Pacific Coast Highway. During
construction, Caltrans recommends that appropriate detours and safety
measures are in place that prioritize the mobility, access, and safety of bicyclists,
pedestrians, and transit users. If sidewalks, bike lanes, or transit stops need to be
"Provide a safe, sustainable, integrated and efficient transportation system
to enhance California's economy and livability"
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City of Newport Beach
October 22, 2019
Page 3
closed during construction, please ensure that closures and detours are clearly
signed.
5. Should any existing bike lanes be closed during construction, we recommend
the use of "May Use Full Lane" (MUTCD R4-1 1) signage rather than "Share the
Road" (W16-1 P) signage to more clearly indicate to both drivers and bicyclists
that bicyclists may ride in the center of the travel lane while the bike lane is
closed.
Permits:
Any project work proposed in the vicinity of the State right of way will require an
encroachment permit, and all environmental concerns must be adequately
addressed. Please coordinate with Caltrans in order to meet the requirements for
any work within or near State Right -of -Way. A fee may apply. If the cost of work
within the State right of way is below one Million Dollars, the Encroachment
Permit process will be handled by our Permits Branch; otherwise the permit
shuld be authorized through the Caltrans's Project Development Department.
W n applying for Encroachment Permit, please incorporate all Environmental
Dol umentation, SWPPP/ WPCP, NPDES, Hydraulic Calculations, R/W certification
and all relevant design details including design exception approvals. For specific
details for Encroachment Permits Orocedure, please refer to the Caltrans's
Encroachment Permits Manual. The latest edition of the Manual is available on
the web site: http://www.dot.ca._ o /hvo q/traffops/developsery/permits/
Please continue to coordinate with Caltrans for any future developments that could
potentially impact State transportation facilities. If you have any questions, please do
not hesitate to contact Julie Lugaro at 657-328-6368 or Julie.luaaro@dot.ca.gov.
Sincerely,
Scott Shelley
Branch Chief, Regional-IGR-Transit Planning
District 12
"Provide a safe, sustainable, integrated and efficient transportation system
to enhance California's economy and livability"
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Lindeman, Marie
From: Mary <mepetropo@gmail.com>
Sent: Thursday, October 17, 2019 9:15 AM
To: Dept - City Council
Subject: Dog Park in West Newport FOLLOW UP
At a Villa Balboa HOA Meeting after your meeting last Tuesday, we were informed that approximately 44 residents
attended the City meeting to voice their opposition to the Dog Park location.
Just an FYI, to help put things in perspective, there are 550 residences in Villa Balboa. Therefore, Less than 10% of Villa
Balboa residents/owners attended to voice their opposition.
Please keep this in mind as you cast your vote at the November meeting.
Thank you
Mary Petropoulos
Karen Paul
Villa Balboa
Sent from my iPhone
> On Oct 14, 2019, at 8:39 AM, Mary <mepetropo@gmail.com> wrote:
> There is much discussion surrounding the Dog Park in West Newport. We are unable to attend the meeting on
Tuesday, however, we would like to express our support for the location. We are dog owners.
> There are a number of 'scare -mongers" going door-to-door in Villa Balboa, opposing the park saying it will negatively
impact home values, and we anticipate they will be out in force at the Tuesday meeting. We do not agree with their
assumptions. There are approximately 74+ KNOWN dogs in our community. Nearby Newport Crest has many more.
Most of these dogs walk along Sunset View park, 2-3x daily, directly in front of Villa Balboa homes. There are issues such
as barking, poop, etc., all along the pathway. It would be so nice to have a dog park nearby which might help alleviate
some of these issues. Its an excellent location and far enough away from the closest VB building to have little or no
impact. We are supposedly a "No dogs allowed community". The demographics of our area are changing, and more and
more families are choosing to have a pet.
> We appreciate your willingness to hear all sides of the issue, and encourage you to move ahead with the dog park at
this location.
> Mary Petropoulos
> Karen Paul
> Villa Balboa
> Newport Beach
> Sent from my iPhone
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Andy Tran, P.E.
Senior Civil Engineer
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Phone: 949-644-3315
October 19, 2019
Michael Call
Cell (714) 791-1102
210 Lille Lane 208
Newport Beach, CA 93663
onecall4alll@verivon.net
There are 4 total pages.
The following questions are unless otherwise indicated in reference to the proposed dog park included
in the Lower Sunset View Park Conceptual Design located in Newport Beach California and the word
"City" refers to the City of Newport Beach. When there is a reference to "the report" this means any
reports or documentation produced by the City including the Mitigation Negative Declaration and any
other environmental documentation provided by the City.
Your timely response to these questions is requested so as to provide adequate time for follow up
questions and/or responses.
1. Very specifically describe the public demand by any individual or group for dog parks?
A. In Newport Beach?
B. In west Newport Beach?
C. At the specific location cited in the Sunset View Park proposal?
D. How were these specific demands made and recorded?
E. Has there been any survey of nearby residents or current visitors to Sunset View Park?
2. Is the proposed dog park in some way to provide an alternative to the illicit dog park located in and
alongside of the Santa Ana river?
3. Is the proposed dog park being considered an alternative to the enforcement of the present leash
laws?
4. Are there any statistics for?
A. The number of persons that reside in Newport Beach that use dog parks?
B. The number of injuries to dogs and humans at the existing dog park?
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C. The numbers of individual dogs and humans that have contracted a disease or a parasite at the
existing dog park?
5. Have the contributors to the Environmental Study demonstrated expertise in the size and structure of
the Dog Park?
6. Can the contributor's site studies from the scientific literature which discuss the volume of noise from
given projected numbers of barking dogs concentration in given spaces?
7. What expertise do the contributors have as to dog park design in general and specifically to space
requirements as it relates to safety of the dogs and human users?
8. What is the minimum safe dog park size?
A. What studies did the contributors rely on to make this conclusion?
B. How does park size effect dog crowd behavior?
9. Why is it the environmental report does not recommend safe guards for overcrowding and proper
separation distances for extremely small parks of this size?
10. What guarantees and enforceable promises are there that the staff, designers and/or engineers will
not increase size of the dog park without further review or public comment?
12. What are the assumptions and/or the methods used for the standard attenuation rate, given the
topography and atmospheric conditions at the site?
13. Are there any studies of the effect of the removal of the mound of dirt?
A. Would the removal of the mound of dirt cause an increase of noise at the park and at in the Villa
Balboa Community?
14. Is the City staff aware, as cited in the environmental study, at the proposed location of the dog park,
the sound levels are already in excess to the City's existing permissible levels?
15. Will the City proposal for the dog park likely magnify the noise level with its present design?
16. Will the City be taking this opportunity to mitigate the noise levels that have already been
determined to be in excessive by the Cities environmental report?
17. Is the City aware that almost all other dog parks are on commercial or industrial cites NOT
immediately adjacent to (and as importantly accessible to) a densely populated residential community
on highly valuable land long treasured for other uses?
18. Why is there no discussion of the health hazards of a critical care hospital in close proximity to the
proposed dog park?
A. Why is there no discussion in the report of the constant use of the existing parks walkway by Hoag
Hospital doctors, nurses, technicians, administrators often wearing their scrubs and patients as a
probable transportation of pest and infectious diseases to this critical care hospital and even directly to
patients with compromise immune systems?
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19. Why does the report not address the fact that the proposed dog park will disrupt existing
recreational activities?
A. Why does the report not discuss the interference of the proposed dog park with the present terrain
and continuity of park and recreation from Sunset Ridge Park on the west all the way to Hoag Hospital
on the east?
B. Many individuals enjoy the view the Huntington Beach Air Show and celebrate Independence Day by
watching the fireworks all along the coast from Huntington Beach all the way to Laguna Beach from our
favorite park. People enjoy the view and serene environment most every evening of the year. Why does
the report not discuss the present natural and cultural resources and recreational usage includes all the
citizens of Newport Beach and surrounding communities' visiting the park?
20. Is the City aware that the Villa Balboa Community, the predominate nearby community, is now and
has always been a no dog development?
A. Is the City aware that the original CCRs which are still in effect prohibit dogs in the Villa Balboa
development?
B. Is the City aware that the Villa Balboa association as obtained an attorney's letter stating the
opposition to the proposed dog park?
C. Has it been considered that the current quite enjoyment by humans (including hopefully compliant
dog owners with their dogs) does not diminish the enjoyment of this unique and widely used location by
others?
21. Why does the report not discuss the negative impact on property values caused by the loss of the
quiet enjoyment of nearby homeowners?
A. Why does the report not have any proximity study of the impact of the lack of substantial buffers to
significant residential communities?
B. Why does the report not discuss or study the impact of a dog park being super -imposed on the highly
valued ocean view home in direct proximity?
22. Why does the report not compare and contrast other uses to determine the highest and best use?
A. Why does the report not analyze the highest and best use for the public good comparing a dog park
to alternative recreational activities at the property like workout trails and courses?
B. Why does the report no explore completing the View Park to enhance the viewing experience for
visitors?
23. Why does the report not explore or discuss the overburden and abusive allocation of services in
west Newport Beach as exampled by the: 1. New Homeless Shelter and SOS Kitchen, 2. PCH Noise, 3.
Illegal Dog Beach, 4. Nightly Police helicopter flyovers?
24. Why does the report not explore or discuss the overburden and abusive allocation of services on the
Villa Balboa Community as exampled by the: 1. Cogent Plant presently out of compliance noise, plums of
gases and negative effect on homeowner views and the continuing cost of damages to the exterior of
the Villa Balboa Structures, 2. Hoag future campus expansion, 3. Ambulance noise, 4. Night time
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required helicopter flights over head to meet the contractual fly over time, 5. Superior Bridge
(Prospective) and 6. Expanded Adjacent Parking (Prospective)?
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