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HomeMy WebLinkAboutIS027_CHART HOUSE RESTAURANT *NEW FILE* Igoz1 , Aso „ • 0 G 500 Newport Center Drive, Suite 525 Newport Beach, California 92660 phone (714)640.6363 Lisa C 2927 Newbury Street, Suite C Berkeley, California 94703 phone i4151841"6840 Community Planning ` Natural Resource Management E. Environmental Assessment • • INITIAL STUDY FOR USE PERMIT FOR CHART HOUSE RESTAURANT • • PREPARED FOR CITY OF NEWPORT BEACH PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD • NEWPORT BEACH, CA 92663 PREPARED BY LARRY SEEMAN ASSOCIATES, INC. 500 NEWPORT CENTER DRIVE, SUITE 525 • NEWPORT BEACH, CA 92660 (714) 640=6363 OCTOBER 2, 1981 • 1 • Um • INTRODUCTION AND PROJECT DESCRIPTION INTRODUCTION • In accordance with the provisions of State guidelines for implementation of the California Environmental Quality Act, this Initial Study has been pre- pared in order to determine whether or not the proposed project will have a significant effect on the environment . Further, the Initial Study has been prepared to identify feasible mitigation measures which could be applied to potential impacts. In order to give the reader of this report a clear under- standing of the potential impacts of the project, the report has been organiz- ed to summarize existing conditions, potential impacts, and available mitiga- tion measures . If, based on the information contained in this report, it is determined that the project will not have any significant impacts or that any such impacts can be adequately mitigated, the City may, issue a Negative Decla- ration. If, on the other hand, it is determined that the project will have •, significant environmental impacts which cannot be adequately mitigated, the City will require preparation of an Environmental Impact Report . LOCATION The project site is located at 2431 'West Pacific Coast Highway, Newport •, Beach. The site is located immediately west of Cano' s Restaurant on the bay- front . The site contains 36,000 square feet and is currently fully used by Boatswain' s Locker, a marine repair facility. Figures 1 and 2 indicate the location of the project . PROJECT CHARACTERISTICS The proposed project would remove most, but not all , of the existing boat repair facility and would result in the construction of a new Chart House Res- taurant . Site plans for the proposed project are shown in Figures 3 and 4. The project proposes to preserve and remodel a reduced repair facility • along the westerly property line. This facility will consist of the large boat crane which is currently onsite, a remodeled boathouse, and an outdoor boat repair area. Access to the boatyard will be through the proposed restau- rant parking lot. The new restaurant would consist of approximately 7,400 square feet of 01 gross floor area and 3,400 square feet of net floor area. It would include seating for 201 patrons, including seating for 156 dining room customers. and 45 cocktail lounge customers . The project is scheduled to start construction in March 1982 and begin operation in February 1983. • 2 1 • Regional Location Los Angeles Co. San Bernardino Co 57 90 • 91 91 Riverside Co. 5 55 • 22 ': Cleveland 1 National Forest \ 39 73 9 'eeu LLSMC 74 a Project '4 • Site 133 N. � 78 0 1 23 A 5 h 7m,les San Diego Co. Orange County • • • • . 3 • 2 Location Map L • _ .� '-__rase_ - .,= r� '�:� �, ' sr � i • id —�.-• .e-.^':e' Tanks �'� I/• �'n - T"y \ zazPar } o. .J ` �_. _ J=_�_-/��/= ✓ 1 - Sec i "// _ �•Al.S !_cx \�J� �tV.eter ,pr Y\tu `.-/l f --�-"-F_. ••��. •%,d.7n Fla^x .—dc .�/ _ IL,-_��•,—�_ vSf�2_� _ -- n port Ko r vJJ � f mar.•.• . •�:se ark 44 710 FSA 320 97 41 Lt �m0 =� 1 ✓c y • � ': a, >•' Lido Isle ♦.: <V ` =a•,�r5 ea -�_ _as Ore -' s ti'E�VPORT BEACH - „ 't� say n an. T aea „•.. ch • � Qa�bo 1": 2000' a • 4 * 3 Lsa Elevations cam, '•'== ''- '� ��` i . .. . � '. .r... � + 9s "�A'-� A �� rl v r< i lam:_. ��-}_ •. � . J .ram/ _. .. O �'` �"��, •t. ti • 'I ��`• h _ � li il::, ':! �il�l �i it I�ij. . ;r i Ii I+ .r • � :I :�I � �a�i•1ia•��il�ll��Il��;l..�,��:,1� � .�, _.�. _ ` r:rr f :'I r� .I�P•� P�lil,.l!I:(d�! � t:e i . .�___._�__ !:� Gwnri.�•uiuw •• ZINC.lL'}t:S�.t� i'CS..L.S Sc!R �tG^34 0/ SY.fG:l2GM- _ ��`` mw.t1J �I Il•:�li if �ntnsa uuu +Od-.H54S 'fK 5 • 4 Lsa Site Plan —1 O:.lffK _ lei `� . . .n ram•'\ - •` � +: �.n ..a;,.�• .-.' . �„^ems J %t•:.♦-f+' c!= .%GG ♦Y '1G)G J+li KL _.K�� � _•• f •. IY. FYG�W.w �_T � 41fa.iY•1Lw _4 ti R �• 1• .TR iy2 'A. -� i ,• ]L Ti Tics L 1 01. ..q\ ♦ !G •.q .. L .u! S�.W.T •. >`)\'net• .. :CNc"[agarvfi uMilO (:64-iq•i•T::V!'�'G �! Lt[s -4 • • 6 UM The existing bulkhead is located approximately 50 feet inside the offi- cial U.S. bulkhead line. This bulkhead would remain in its present location. A new section would be added to close off the existing marine railway and a cap would be placed on top of the entire bulkhead in order to permit some filling of the existing site. The restaurant itself would be built out over the water on pilings as shown in Figures 3 and 4. PERMITS REQUIRED The subject project includes the following approvals from the City of Newport Beach: • The acceptance of an environmental document and approval of a Negative Declaration . The approval of a use permit for a restaurant in the recrea- tional marine commercial area of the Mariners' Mile Specific Plan area. A modification to the zoning code so as to allow the use of compact car and tandem spaces for a portion of the onsite restaurant parking. The approval of an offsite parking agreement for a portion of the required restaurant parking. The approval of a harbor permit for construction on and over the bay. Since the City's Local Coastal Program has not yet been approved by the City, the application will require approval of a Development Permit by the California Coastal Commission . In addition, the Army Corps of Engineers will need to issue a permit for any improvements within the harbor. KEY CONTACT PERSON The following persons are available to provide additional information on this application: Fred Talarico, Environmental Coordinator, City of Newport Beach, (714) 640-2197; William Foley, Principal , Larry Seeman Associates , Inc. , (714) 640-6363; John Callahan, Chart House Restaurant, (714) 454-3112; and Hank Hill, owner, Boatswain ' s Locker. • • 7 Lsa DESCRIPTION OF EXISTING CONDITIONS AND EVALUATION UF PUIENTIAL IMPACTS AND AND MiTIUAFION MEASURES LAND USE Existing Land Uses. The subject property is currently used for a marine repair facility and for yacht sales. The property to the east contains Cano' s Restaurant. The property to the west is another marine repair facili- ty. Across Pacific Coast Highway to the north is a variety of commercial businesses . • General Plan. The Land Use Element of the General Plan designates the si a a' is recreation and Marine Commercial . This land use designation per- mits a variety of recreation and visitor-serving commercial activities com- bined with marine commercial . The proposed uses are consistent with the Gen- eral Plan. Local Coastal Program. The City Council approved the Land Use Plan (LUP) po— r7ion of it�y s Local Coastal Program on February 23, 1981. This plan has been submitted to the Coastal Commission and will be heard in October of this year. The plan designates the site for recreation and marine commer- cial uses consistent with the City's General Plan. More specifically, the • land use plan makes reference to the adopted Mariners Mile Specific Area Plan and states that the intent of the LCP is to be generally consistent with the Specific Area Plan. ' The LUP establishes incentive uses, permitted uses , and uses which are permitted only in conjunction with incentive uses . Boatyards, marine repair • facilities, and boat slips are considered incentive uses . Restaurants are permitted only in association with an incentive use which occupies a substan- tial portion of the site. In addition, the LUP states that the City "may approve density, height, or parking incentives for developments utilizing a mixed-use concept that • includes provision or maintenance of an incentive use which is coastal- dependent in nature upon review and approval of a Use Permit. These coastal- dependent uses include: boat haul-out facilities . . . ." Finally, the LUP requires the provision of public access where consistent with public safety and the protection of adjacent property. I• It should be noted that even though the LUP has been approved by the City Council , it has not yet been approved by the Coastal Commission . Furthermore, the implementation measures for the LUP have not yet been prepared or adopted by either the City or the Commission. I• i 8 LEM • Mariners' Mile Specific Area Plan. In 1977, after two years of study, Fe--C'ityof Newport each adopted the Mariners ' Mile Specific Area Plan. An extensive Environmental Impact Report was prepared and certified at that time. In conjunction with the adoption of the Mariners ' Mile Specific Area Plan, the City adopted the Mariners' Mile Specific Plan District. This • District established by ordinance development standards for both public and private property within Mariners' Mile. One of the primary purposes of the Mariners' Mile Plan and District was to encourage continuation of marine- oriented uses and to preserve the marine character of the area. _I__mppac��t____s�. The proposed restaurant development is consistent with the genera7_77nn use pattern in the area, the General Plan designation for the 0 site, and the Mariners' Mile Specific Plan . The project will require a reduc- tion in the scale of the marine repair facilities which currently exist on the site. However, the plans do indicate that the boat crane and marine parts and hardware facility will remain, and that marine maintenance and repair services will continue onsite. This provides the incentive use in conjunction with the • restaurant as required in the LUP. In addition, the project has been rede- signed to provide public access . The proposed site plan indicates that 43% of the total site area will be allocated to incentive uses . The breakdown is as follows: • Lot area (area within property line) 36,000 Pier area (area between bulkhead and pierhead lines) 12,000 Total site area 48,000 Non-incentive use (restaurant and parking) 27,200 Incentive use (boat repair and hardware facility) 8,800 Incentive use (boat launch and slip area) 12,000 Total 48,000 Percentage of incentive use 43% • The proposed site plan also indicates that the project is consistent with the development standards of the recreation and marine commercial (RMC) desig- nation of the Specific Plan. These standards are shown below: Standard Proposed Project Height 26/35 26' Floor area 2 x buildable .35 • 0 ♦ 9 Um Side yard None 0 Front yard 5' 50% and 10' 50% 30' - Boatswain' s Locker 160' - restaurant (105' to trash enclosure) Rear yard None 0 Lot size 10,000 square feet 36,000 square feet Signs Controlled by zoning 36' - Boatswain 's code Locker 60' - restaurant Site plan review Required Use permit review Landscaping 50% setback 66% setback 10% parking lot - 8% parking lot Parking Controlled by zoning 86 provided code (81 required) Mitigation. 1 . Retention of a portion of the marine repair facilities will serve to mitigate the proposed change in land use. 2. The final site plan will conform to all requirements of the • Specific Plan and the LUP. Significance of Impact of the Project Including Mitigation Measures. The land nd use impacts of is project: as propose are no_ considered—sigm s- cant. VIEWS AND AESTHETICS Existing Conditions. All of the structures presently existin.g on the site are sing e-s ory with the exception of a two-story structure along the westerly property line. This two-story structure will remain as the business office and work area for the marine repair facilities which are to be pre- served on the site. The height limit in Mariners Mile is 26 feet, provided that heights in excess of 26 feet up to a maximum of 35 feet may be permitted by Use Permit. There is little or no landscaping onsite and the property is surrounded ! by a six-foot high chain link security fence. Boats being cleaned, painted, and repaired are visible from PCH. ID lsa The existing site slopes down from PCH. The tops of the existing bulk- heads are 5-6 feet below the street elevation. Potential Im acts. The most direct visual change will be the loss of the mar�n'e 7arac e�f the existing boatyard. The boats and boat cradles, • the tin and plywood structures, and the general clutter of the site will be removed. The site .plan shows that the existing site will be filled up to the level of the existing pavement adjacent to the sidewalk. The structure itself will be approximately 24 feet above the new grade. Measured from existing grade, • the structure will be approximately 30 feet to its highest point. However, it appears that the structure will comply when measured to the average of the sloping roof shown on the elevations. The site is directly opposite the Cliff Drive view park. The new struc- ture will obstruct a segment of the view of the North Lido Channel , but not of Lido Isle or the horizon . The proposed restaurant structure will have several different architec- tural elements and the PCH elevation will have wall segments with differing heights, textures, and angles . This will reduce the visual bulk of the struc- ture and make it more interesting when viewed from PCH or Cliff Drive. • The site will be landscaped and the existing structures immediately adja- cent to PCH will be removed. This will create a sense of openness " adjacent to the highway. Limited views of the bay will be preserved, particularly for westbound traffic. • Mi.tigation Measures. 3. The development shall be in substantial conformance with the approved site plan. 4. A landscape and irrigation plan for the project shall be • prepared and landscaping shall be installed prior to occupancy. Significance of Impact of the Project Inc Iudin Miti ation Measures. The project change. a visua character o t e s� e. 0wever, the new project will create a new visual image and will , to some people, provide an interesting and attractive architectural focal point . Therefore, this change in character cannot be considered universally adverse and may be considered by some to be beneficial . The impact on the total viewshed from Cliff Drive is not significant. • • 11 Lsa WATER QUALITY/MARINE RESOURCES Existing Conditions. The site is currently used as a marine repair facility and consequen y contributes marine paint, petroleum products, and other pollutants typical of boat repair and maintenance. The site slopes • downward toward the bay and virtually all runoff enters the bay directly. Although the current operator has installed catch basins and sweeps the boat- yard on a regular basis, there is little doubt that the yard contributes to degradation of water quality in the bay. Most of the site is bulkheaded and the remaining portions of the site are • highly disturbed. The marine railway is lined with gravel and broken pieces of an old bulkhead. Potential Impacts. The proposed restaurant would eliminate many of the curren soul rce�pollutants and would generally have a beneficial impact on water quality. There will be a wash-out area connected directly to the • sanitary sewer system for washing out trash bins and other large storage con- tainers . Completion of the existing bulkhead and closing of the marine railway will not have a significant impact on water quality and will eliminate a debris trap under the restaurant which would be extremely difficult to clean. • However, completion of the bulkhead will result in loss of the intertidal area which exists at the marine railway. Representatives of the applicant, the City, the State Department of Fish and Game, the National Marine Fisheries Service, and the Federal Fish and Wildlife Agency met September 23 onsite to discuss this impact. • Two alternative solutions were identified. The first is to redesign the project to put more of the structure on pilings, eliminate the new section of bulkhead, and preserve the intertidal area. The project engineer has deter- mined that this alternative is not feasible because the marine railway extends • under the restroom area and portions of the parking lot . These areas cannot be put on pilings. The second alternative is to require the applicant to provide some com- pensation offsite. This could be done by grading or dredging a small area in Upper Newport Bay to create an equivalent intertidal area. The applicant has • indicated that he would be willing to participate in such a program if the various agencies responsible for the Upper Bay can reach agreement on how the program should be established and administered. 12" Lsm • The State Department of Fish and Game and the National Marine Fisheries Service have submitted letters summarizing these concerns. These letters are contained in Appendix A of this report. Potential short-term impacts of construction can be adequately mitigated. • Mitigation Measures. 5. A wash-out area surrounded by 6-inch curbing or the equiva- lent and connected directly to the sewer system shall be provided. • 6. The parking lot and all landscaped areas shall be kept clean and properly maintained. 7. Prior to demolition of existing facilities and construction of new facilities, a complete plan for litter and debris • control shall be approved by the Planning and Marine Departments to ensure that no debris is permitted to enter Newport Harbor. 8. Prior to issuance of building permits, the applicant shall agree to participate in a compensation program for the loss • of intertidal area, provided that the City and the various agencies involved in regulation of Newport Bay have estab- lished such a program. Si nificance of •Impact of the Project Including Mitigation Measures. The project Will have a beneticial impact on water quality. CIRCULATION AND PARKING Existing Conditions. The existing use generates very little traffic, and provides Timiteed parking used primarily by employees . Pacific Coast High- way .in front of the site has two lanes eastbound and three lanes westbound separated by a two-way left-turn lane. The existing traffic volume on PCH i•s approximately 42,000 ADT. As part of the Mariners' Mile Specific Plan, the City has acquired the property for a public parking lot on the inland side of Coast Highway (,Figure • 5) . This parking lot is currently being designed. Plans and specifications are expected to be completed by October 1981 and construction is scheduled to start January 1982. The project would be complete by July 1982. This lot is located 1,100 feet from the restaurant site (measured via the signalized pedestrian crossing at Pacific Coast Highway and Tustin) . • 0 13 • 5 Location of Parking Lot' Lsa e- , 1 Z�J J - • _•-__;__;- � 'I _._ -r i - _ SfUUy At,, rl -- _•{ i 1 ��� , ' // `lye mm ON Public Parking + =� • - -----� ; Lot =;•, ' Ell ' 1 1 1 I r ••_I . r I I �� I • _ , r r %I `1 1 I 1 ! r r iPedestrian Route • I � ; I ; 1 1 1 I I 1 I I 1 ; � 1 I : I Ll I I I IIII 11 1 { I t' 1 I 1 I 1 , _._.-I.__-----•--Project -ite_-_._.-_ ._ ._ _r_.__:._. —'—'—' US. BUlkhead•Line - 17 200' Source: Newport Beach Specific Plan. • I'• • 14 LCM Potential Im acts. The restaurant will generate approximately 450 trips per ay 'trips per 1,000 square feet of public area) , with 24 trips occurring during the p.m. peak hour (5 trips per 1,000 square feet in and 3 trips per 1,000 square feet out) . Because the restaurant will be open only during the evening hours and traffic generation during the normal p.m. peak is • low, the project will not have a significant impact on Pacific Coast Highway. Access to the site will be via two existing driveways . In order to pro- vide safe ingress and egress, it will be necessary to remove three or four on-street parking spaces to create adequate sight distance. • The parking requirement for the restaurant will be approximately 81, depending on the final floor plans . The requirement is calculated as follows: Day Night Restaurant: 3,400 sq. ft. public space 85 spaces Boatswain' s Locker: 2,700 sq. ft. building 12 spaces • Restaurant guest slips - 4 spaces 2 spaces 8 spaces Since it is not feasible to get all of the required parking onsite, it will be necessary to provide parking offsite. The applicant has been explor- ing alternative locations on the inland side of PCH. The most likely location • is the proposed City parking lot immediately across PCH from the site. Use of this lot, while providing adequate parking, will create potential safety prob- lems. There is no pedestrian crossing at this location and the nearest one is at the signal at Tustin Avenue. Therefore, the use of the lot directly by customers or by valet parking personnel will be inconvenient and potentially unsafe. However, it would be appropriate to locate approximately 20 employee • spaces on this lot. Mitigation Measures. 9. Final site plans shall be reviewed and approved by the Traffic Engineer to ensure adequate onsite circulation and • sight distance at ingress and egress locations . 10. The applicant shall enter into an offsite parking agree- ment at the proposed City lot or at some other approved location. • 11. The restaurant shall provide an escort or van system to ensure the safety of restaurant personnel returning to the employee parking lot after restaurant hours. 15 Lsa • Significance of Impact of the Project Including Mitigoation Measures. The project wi not nave a signi�icanfimpact on t��ic v umes or on ithe level of service on PCH or any intersections . Provided that adequate provi- sions are made for pedestrian safety, the offsite parking will not have a sig- nificant impact. • STANDARD CITY CONDITIONS In addition to the mitigation measures discussed above, the following standard City conditions will be applied to the project: • A. The development shall be in substantial conformance with the approved plot plan, floor plans, elevations, and sec- tions. B. Development of the site shall be subject to a grading, per- mit to be approved by the Building and Planning Depart- ments. C . A grading plan shall include a complete plan for temporary and permanent drainage facilities, to minimize any potential impacts from silt, debris, and other water pollutants . • D. The grading permit shall include, if required, a descrip- tion of haul routes, access routes, access points to the site, and a watering and sweeping program designed to minimize impacts of haul operations . • E. An erosion and dust control plan shall be submitted and be subject to approval of the Building Department . F. An erosion and siltation control plan, if required, shall be approved by the California Regional Water Quality Con- trol Board - Santa Ana Region. • G. Grading shall be conducted in accordance with plans pre- pared by a civil engineer and based on recommendations of a soils engineer and an engineering geologist subsequent to completion of a comprehensive soils and geologic investiga- tion of the site. "Approved as Built" grading plans on • standard-size sheets shall be furnished to the Building Department. i• I • 16 Lsa • H. Final design of the project shall provide for the incorpor- ation of water-saving devices for project lavatories and other water-using facilities . I . Prior to occupancy of any building, the applicants shall • provide written verification from Orange County Sanitation District No. 5 that adequate sewer capacity is available to serve the project. J. Any mechanical equipment and emergency power generators shall be screened from view, and noise associated with said • structures shall be sound-attenuated so as not to exceed 55 dBA at the property lines . The latter shall be based upon the recommendations of a qualified acoustical engineer and approved by the Building Department. K. Prior to occupancy of any buildings, a program for the • sorting of recyclable material from other solid wastes shall be developed and approved by the Planning Department . L. A landscape and irrigation plan for the project shall be prepared by a licensed landscape architect. The landscape plan shall integrate and phase the installation of land- scaping with the proposed construction schedule. (Prior to occupancy, a licensed landscape architect shall certify to the Planning Department that the landscaping has been installed in accordance with the prepared plan.) M. The landscape plan shall be subject to review of the Parks, • Beaches, and Recreation Department and approval of the Planning Department. N. The landscape plan shall include a maintenance program which controls the use of fertilizers and pesticides . • 0. The landscape plan shall place heavy emphasis on the use of drought-resistant native vegetation and -be irrigated via a system designed to avoid surface runoff and overwatering. P . The landscaping plans adjacent to the drive entrances shall be reviewed and approved by the Public Works Department• and • the Department of Parks, Beaches, and Recreation for sight d-istance requirements. 17 LEM Q. The project shall be so designed to eliminate light and glare spillage on adjacent uses . Any parking lot lighting shall be subject to approval of the Planning Department. R. Should any resources be uncovered during construction, a qualified archaeologist or paleontologist shall evaluate the site prior to completion of construction activities, and all work on the site shall be done in accordance with the City Council ' s Policies K-5 and K-6. S. The following disclosure statement of the City of Newport Beach' s policy regarding John Wayne Airport should be included in all leases or subleases for space in the proj- ect and shall be included in any covenants, conditions, and restrictions which may be recorded against the property: Disclosure Statement 0 The Lessee herein, his . heirs, successors , and assigns acknowledge that: a) The John Wayne Airport may not be able to provide ade- quate air service for business establishments which rely on such services; b) When an alternate air facility is available, a complete phaseout of jet service may occur at the John Wayne Air- port; c) The City of Newport Beach may continue to oppose addi- tional commercial air service expansions at the John Wayne Airport; d) Lessee, his heirs, successors, and assigns will not actively oppose any action taken by the City of Newport Beach to phase out or limit jet air service at the John Wayne Airport. T. The final design of onsite vehicular and pedestrian circu- lation shall be reviewed and approved by the Public Works Department and the Planning- Department prior to issuance of '• the grading permit. • • 18 LEM • U. Signing shall be reviewed by the City traffic engineer. V . Handicap and compact parking spaces shall be designated by a method approved by the City traffic engineer. • W. The layout of the surface and structure parking shall be subject to further review and approval of the City traffic engineer. X. The parking arrangement during the construction period shall be approved by the City' s Planning Department and • traffic engineer prior to issuance of any grading and/or building permit(s) should the applicant desire to continue operation of the existing facilities during the construc- tion period. Y . All onsite drainage shall be approved by the City Public • Works Department . �-- Z. Prior to issuance of any building permits authorized by the approval of this use permit, the applicant shall deposit with the City finance director a sum proportional to the percentage of future additional traffic related to the • project in the subject area, to be used for the construc- tion of a sound attenuation barrier on the southerly side of West Coast Highway in the West Newport area. AA. Prior to issuance of building and/or grading/demolition permits, the Planning Department shall approve a signing • program for the proposed project. BB. A weekly cleanup program around the docks and public walks shall be conducted on a regular basis . Construction basins or other devices shall be installed to prevent waste from getting into Newport Bay. • CC.. An Army Corps of Engineers permit shall be obtained prior to any reconstruction of bulkheads. I• • • Lsa • APPENDIX A ♦ CORRESPONDENCE • • • • • • STATE OF CALIFORNIA—RESOURCES AGENCY EDMUND G. BROWN JR.,Governor DEPARTMENT OF FISH AND GAME MARINE RESOURCES REGION 350 Golden Shore Long Beach, California 90802 • (213) 590-5117 28 September 1981 • Mr. William R. Foley, AICP Vice President Larry Seaman Associates , Inc. • 500 Newport Center Drive - Suite 525 Newport Beach, California 92660 Dear Mr. Foley: In response to your letter of September 11, 1981 and the on-site meeting . of September 23, 1981 regarding the proposed construction of a Chart House restaurant on the site presently occupied by Boatswain's Locker boat yard, we would reiterate our views as expressed at that meeting. Our basic concern with respect to the proposed project is for the loss of marine inter and subtidal habitat which would result from the bulkheading and filling of the existing marine railway. As discussed, we would not ob- ject to the proposed project if alternative construction methods were utilized which did not require bulkheading and filling. Should alternative construction methods prove to be engineeringly unsound and bulkheading and filling required, then we would request compensation • for habitat loss. This could consist of restoration of a degraded upland area within Newport Bay to an intertidal area. You indicated that you would explore alternative construction methods and compensation measures should they prove necessary. We also indicated that we would explore the use of suitable areas within Upper Newport Bay as com- pensation sites. We appreciate the opportunity to meet on site and discuss the proposed pro- ject prior to its finalization. John L. Baxter � O,Z Regional Manager • �yh, . °r�� �i �� . � J1Ul7E© STATES DSPA�iTN1EPJT OF COMMERCE Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE °�r""O Southwest Region 300 South Ferry Street Terminal Island, California 90731 September 28, 1981 F/SWR33:RSH Mr. William R. Foley Larry Seeman Associates, Inc. 500 Newport Center Drive, Suite 525 Newport Beach, CA 92660 Dear Mr. Foley: As I indicated to you during our meeting of September 23, 1981, our Agency's primary concern with the proposed construction of a Chart House restaurant in Newport Bay involves the proposed fill of the existing marine railway and subsequent loss of marine fishery habitat. • It would be preferable if the proposed project could be built without any fill activities. If, however, this option is not feasible, we would recommend that habitat compensation measures be included as part of the total project. A copy of our Southwest Region's Habitat Protection Policy is enclosed for your information. Should you have any further questions • please contact me at the above address or phone (213) 548-2518. Sincerely yours, Robert S. Hoffman Fishery Biologist Enclosure • cc: USFWS CDF&G I• •_w x • • June 8, 1978 NATIONAL MARINE FISHERIES SERVICE SOUTHWEST REGION HABITAT PROTECTION POLICY The National Marine Fisheries Service (NMFS) reviews Federally initiated or Federally licensed or permitted projects which have the potential of altering aquatic environments and thereby impacting the biological resources which depend upon those habitats. The Southwest Region of NMFS will not recommend approval or authorization of any project or activity that will damage any existing or potentially restorable habitat of living marine, estuarine, or anadromous resources. Habitat may include spawning areas, rearing areas, food-producing areas, or other areas necessary for the survival of those organisms. The water-dependence of the proposed activities will be a positive consideration in determining project approval. Under circumstances in which habitat/resource damages can be compensated, , exceptions to the policy may be allowed. The following conditions are required for such exception: • 1. The project will incorporate all feasible modifications and construc- tion techniques to eliminate or minimize adverse environmental impacts; 2. An acceptable combination of habitat restoration, enhancement or off- I site acquisition will be 'adopted to compensate for adverse environmental impacts ; that cannot reasonably be eliminated by project modification; and 3. Post-project habitat value shall be equal to or greater than pre-project habitat value. Determination of post-project value will be based on the contrib- ution of that habitat to the support of commercial and recreational fisheries, fishery resources, certain marine mammals, and/or endangered species. Some of the types of projects and activities which may cause damage to marine, estuarine, or anadromous resources include: dredging, filling; river alterations, drainage of wetlands, discharge of effluents, as well as certain construction or i operational activities. The activities listed are not intended to be all-inclusive but are representative of activities which are of concern to NMFS. It is in the I best interest of project sponsors to contact the appropriate NMFS office as early i as possible to determine the impacts, if any, of each particular project. I For further information .contact one of the following offices: National Marine Fisheries Service National Marine Fisheries Service I Environmental Assessment Branch Environmental Assessment Branch 300 South Ferry Street, Room 2016 3150 Paradise Drive Terminal Island, CA- 90731 Tiburon, CA 94920 ' Telephone: 213-548-2518 Telephone: 415-556-0565 National Marine Fisheries Service Environmental Assessment Branch Western Pacific Program Office 2570 Dole Street Honolulu, HI 96812 Telephone: 808-946-2181 •STATE OF CAIIFIRNI —RESOURCES AGENCY EDMUND G. BROWN JR.,Governor DEPARTMENT OF FISH AND GAME 350 Goldeq Shore Long Beach, CA 90802 d9Y (213) -590-5158 Novmeber 23 1982 tr' flOV2419$2m' ` t Mr. John Callahan ti The Chart House 7432 La Jolla Blvd. La Jolla, CA 92037 Dear Mr. Callahan: The Department has identified an area within the Upper Newport Bay Ecological Reserve which can be restored to intertidal habitat. This project would appear to fulfill the requirement in your coastal permit to mitigate habitat losses resulting in The Chart House development of the Boatswains Locker site on Newport Bay. The project area encompasses 20,000 sq. ft. and would require the removal of approximately 5,000 cu. yds of old dredge spoil. We have consulted with the J. W. Mitchell Company of Irvine which has indicated that the work could be done for approximately $4.17 per cubic yard. With the approval of the Coastal Commission and the Corps of Engineers, the work can be done at your convenience. To facilitate the project, I suggest that it be included as part of your existing Coastal Permit and Corps of Engineers 404 permit. The Chart House should contract directly with the Mitchell Company or a contractor of its choice to have the work done. The Department will provide technical supervision for the project. We look forward to working with you on this project. When coupled with previously completed restoration work it will result in the creation of approximately one acre of intertidal habitat. If you have any questions or problems, do not hesitate to contact me, 714-673-4034. Sincerely,, I Carl Wi1Cox trr Wildlife Biologist cc: Ron Hein,- DFG Fred Worthley, DEG Dick Nitsos DFG-MRR lFred Jalarico. NpwnnrY Deach Jack Fancher, USFWS Bob Lenard, Newport Beach oe / /r\\�` •p / 1 0 i 1 I 1 ax•ott•.� � by / / I S • p � To BE : e RESTORED T© � 3,� ' tt1LLUJ - - Q Oft mvoov.3 4t SN LLf�lf�K�R LA 9-0 NEW�o�-��c�4, OP�N�� Cau�n�T� • - . 8 INk ILA ii ` ' � r F _1`1 • kC 11 '`• r / ti�-ter•' - �•- =T.. ._- •'Y.'•'.�L...__ �� /! ! _ Y a• • 1 1•. - \FF ES �i, , • iIMA \ Root 02-219- "CHART HOUSE" APPLICANT: John Calahan PHONE : ( 714 ) 1 -454-3112 Hank Hill 642-6800 ' Ken Kellog "Architect" 1 -488-0358 CONSULTANT : Bill Foley PHONE : ( 714) 640-6363 DATE DEPOSIT PAYMENT FEE 9 /o �GD, ^ c5 , ---� a CITY OF NEWPORT BEACHRECEIPT�� �� ______ NEWPORT BEACH, CALIPORNIA 92663����No 20T 68OU t 0 �9 DATE III RECEIVED FROO'A ROR ,: e- ,1�fi'�'L6�N�Ni(/7�V ACCOUNT NO. AMOUNT 7 DEPARTMENT iR1=CE,rvEt) RA'NNING DEPARTMENT AUG 5 1981>. ❑500 Newport Center Drive, Suite 525 t on r ur Newport Beach, California 92660 NEW BEACH, 4 phone (714)640-6363 CAUR LsaB4� 3. ❑292 Newbury Street, Suite C � � Berkeley, California 94703 phone (415)841-6840 Community Planning ❑ Natural Resource Management ❑ Environmental Assessment August 5, 1981 Mr. Fred Talarico Environmental Coordinator City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92660 SUBJECT: INITIAL STUDY FOR THE CHART HOUSE RESTAURANT Dear Fred: LSA is pleased to submit this proposal to prepare an expanded Initial Study for the proposed Chart House. The purpose of the Initial Study will be to identify any potential impacts of the project and to recommend any meas- ures necessary to mitigate the impacts. The intent will be to fully mitigate all potential impacts either with existing City policies or with project- specific mitigation measures. If this is possible, then the City can issue a conditional Negative Declaration for this project. LSA proposes the following scope of services: SCOPE OF SERVICES Project Description. LSA will prepare a full project description for the project. T e description will include all proposed onsite improvements and project information. The description will also include a full discussion of the local and regional setting for the proposed project. This discussion will present necessary information on committed and planned projects in the vicinity. In addition to the project description and discussion of the proj- ect location, LSA will prepare a list of all necessary permits for the proj- ect. Each permit will be identified and the requirements for each permit sum- marized. Major 'Issues. LSA will prepare an analysis of the major issues raised by this project. Land Use. The proposed land use will be compared to the provi- sions of t7e__MityTs General Plan, the City's Local Coastal Plan, the Mariner' s Mile Specific Plan, and the current City zoning. Any special requirements or conflicts will be identified. 2 Lsa Views and Aesthetics. LSA will analyze the project design with respect to views from Paci is Coast Highway and from homes located on the bluffs above the site. Specifically, this analysis will include a discussion of building height, sideyard setbacks, and the elevation of homes on the bluff. Water Quality. LSA will analyze the proposed project with respect to po a—ntiia water quality impacts. Specific attention will be paid to site drainage; restaurant operation, including such things as trash bin washout areas; boatyard operation; and construction of the restaurant and new slips. Circulation and Parking. The impacts both onsite and offsite will be reviewed . ar icu ar concern will be on providing safe and adequate access to Pacific Coast Highway, adequate onsite circulation, and sufficient parking. It is anticipated that at least part of the required parking will need to be offsite. Pedestrian crossings of PCH will be reviewed. Finally, the interface between the proposed boat operation and the restaurant will need to be reviewed from a circulation point of view. Minor Issues. We assume that the following issues will be minor. We will ana y-1 ze eaET one and verify that no significant impacts would occur. Air Quality Noise Public Services and Utilities Geology and Soils (to be submitted by applicant) SCHEDULE LSA can complete the draft Initial Study in four weeks. Following City review, LSA will revise and complete the Initial Study within two weeks. STAFF William R. Foley, Principal-in-Charge of the Newport Beach office, will serve as principal of this project. Annette Sanchez will serve as project manager. Lynsey Clark will serve as environmental analyst. 3 Ls PROJECT BUDGET LSA will complete the Initial Study as described in this proposal on a time-and-materials basis for a fee not to exceed $5,260. If you have any questions, or if you need further information, please call me. Sincerely, LARRY SEEMAN ASSOCIATES, INC. William R. Foley, AICP Vice President WRF:jl N `t D- WJ-)3 f6tJtkhc_ V�Go SAfVC� O 2ccoicsrl�cr _ cx�srA6 low- �-• lase, •. ' --�- Ned•-�'Pc`k�� - - ------ - - -- �- - - -- - - � -- - ----- ----•-� � �--- �o.�o _sod L �z�'xc'� ��-�.v I � -- -?• y�� - ---� Car-�-•- — --- ----------------- ---------- ------ - - ems------- - LLI� III - - - -y} - - --- - --- --- ------- -- -------- --- ------ ---- - . ----- ---- - ----