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