HomeMy WebLinkAbout1958 - Joint City and Irvine Company project for a public dock, private marina, and commercial development. - 201 Coast Hwy E RESOLUTION NO. 1958
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF NEWPORT BEACH ADOPTING MITAGED
NEGATIVE DECLARATION NO. ND2013-002 (SCH NO.
2014081044) FOR BALBOA MARINA WEST LOCATED AT
151 AND 201 EAST COAST HIGHWAY (PA2012-103)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS
AS FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by the City of Newport Beach and the Irvine Company, with
respect to property located at 151 and 201 East Coast Highway, to construct a new
public boat dock in the Newport Harbor, improve and expand the existing Balboa
Marina, and construct a 19,400 square feet marine commercial building for a yacht
brokerage office, public restrooms, and a restaurant.
2. A public hearing was held by the Planning Commission on October 2, 2014, in the
City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California. A
notice of time, place and purpose of the meeting was given in accordance with
the Newport Beach Municipal Code. Evidence, both written and oral, was
presented to, and considered by, the Planning Commission at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. An Initial Study and Mitigated Negative Declaration have been prepared in
compliance with the California Environmental Quality Act (CEQA), the State
CEQA Guidelines, and City Council Policy K-3.
2. The draft Mitigated Negative Declaration was circulated for a 30-day comment
period beginning on August 18, 2014, and ending on September 17, 2014. The
environmental document and comments on the document were considered by
the Planning Commission.
3. An Errata to the Mitigated Negative Declaration (Exhibit "B"), dated September
23, 2014, was prepared which clarifies and augments data in the document, and
supports the conclusions reached in the draft Mitigated Negative Declaration.
Consistent with CEQA Guidelines section 15073.5(c)(4), recirculation of the
Mitigated Negative Declaration is not required when new information is added to
the document which merely clarifies, amplifies, or makes insignificant
modifications to the Mitigated Negative Declaration.
4. The Mitigated Negative Declaration, including the Mitigation Monitoring and
Reporting Program is attached as Exhibit "A". The Response to Comments and
Errata are attached as Exhibit "B". The documents and all material, which
Planning Commission Resolution No. 1958
Page 2 of 4
5. On the basis of the entire environmental review record, the proposed project,
with mitigation measures, will have a less than significant impact upon the
environment and there are no known substantial adverse effects on human
beings that would be caused. Additionally, there are no long-term environmental
goals that would be compromised by the project, nor cumulative impacts
anticipated in connection with the project. The mitigation measures identified and
incorporated in the Mitigation Monitoring and Reporting Program are feasible and
will reduce the potential environmental impacts to a less than significant level.
6. The Planning Commission finds that judicial challenges to the City's CEQA
determinations and approvals of land use projects are costly and time
consuming. In addition, project opponents often seek an award of attorneys' fees
in such challenges. As project applicants are the primary beneficiaries of such
approvals, it is appropriate that such applicants should bear the expense of
defending against any such judicial challenge, and bear the responsibility for any
costs, attorneys' fees, and damages which may be awarded to a successful
challenger.
SECTION 4. DECISION.
NOW THEREFORE, the Planning Commission of the City of Newport Beach,
California, hereby adopts Mitigated Negative Declaration No. ND2013-002 (SCH NO.
2014081044) and the Mitigation Monitoring and Reporting Program as depicted in Exhibit
"A", and the Response to Comments and Errata as depicted in Exhibit "B", which are
attached hereto and incorporated by reference.
PASSED, APPROVED AND ADOPTED THIS 2nd DAY OF OCTOBER, 2014,
AYES:BROWN, HILLGREN, KOETTING, KRAMER, LAWLER, MYERS, AND TUCKER
NOES:
ABSTAIN:
ABSENT:
BY:�
Larry Tucker, Chairman
BY:
J M ers, fec tary
Planning Commission Resolution No. 1958
Page 3 of 4
Exhibit "A"
Mitigated Negative Declaration ND2013-002 (SCH No. 2014081044)
Including the Mitigation Monitoring Reporting Program
This document is available at:
http:/Iwww.newportbeachca. oq v/cegadgcuments
Planning Commission Resolution No. 1958
Page 4 of 4
Exhibit "B"
Response to Comments and Errata
Planning Commission - October 02, 2014
Exhibit "B" to Resolution No. 1958
Balboa Marina West MND (PA2012-103)
•
Tustin, CA I San Diego, CA I Murrysville, PA na 923-003
P L A N N 1 N G 17542 East 17th Street, Suite 100 Tustin, CA 92780 I,714.505.6360 f71.4.505.6361
MEMORANDUM
To: Patrick Alford, City of Newport Beach
From: Tracy Zinn,Principal
Re: BALBOA MARINA WEST IS/MND:RESPONSE TO COMMENT LETTERS
Date: September 23, 2014
As the California Environmental Quality Act (CEQA) Consultant contracted to the City of Newport Beach for the
Balboa Marina West project,you asked that I supply responses to the comment letters received by the City of Newport
Beach related to the Initial Study/Mitigated Negative Declaration(IS/MND). Responses to the substantive points of
each letter are provided below.
NOTE:There is a pagination error in the printed version of the IS/MND.Pages 5-41 to 5-44 repeat,which throws off
the numbering sequence(i.e.,the second Page 5-41 should be Page 5-45,the second page 5-42 should be 5-46,etc.).
This error does not occur in the electronic version of the IS/MND provided on CD and online.For this reason,page
numbers for both the printed version and electronic version of the IS/MND are given below for all page number
references.
California Cultural Resource Preservation Alliance,Inc. (CCRPA)
August 18,2014
Summary of Comments
This letter discusses concerns related to the potential discovery of significant archaeological resources and potential
disturbance to humans remains.With respect to Mitigation Measure CR-1,the CCRPA suggests that ground disturbing
activities be monitored by a qualified archaeologist. In addition,the CCRPA suggests that a mitigation measure be
added to comply with Section 7050.5 of the California Health and Safety Code,pertaining to the discovery of human
remains.The CCRPA also requests that if significant archaeological resources are discovered and archaeological data
recovery excavations are implemented,the data recovery plan should include the preparation of a non-technical report
and public exhibit.The comment references the goals and policies of the National Park Service Historic Sites Act of
1935 and Section 1 of the National Historic Preservation Act of 1966,concerning historic sites,buildings,and objects
of national significance.
Response
In response to this comment,Mitigation Measure MM CR-1 has been revised to require that the construction contractor
be trained to identify suspected archaeological resources;or,that a professional archaeological monitor be retained to
monitor ground-disturbing activities in previously undisturbed,native soils. Either circumstance would provide the
same assurance that suspected resources are identified for evaluation.
The IS/MND acknowledges the remote potential for Native American human remains to be unearthed during
construction activity (IS/MND electronic version pp. 5-63, 64 and printed version pp. 5-60, 61). Compliance with
www.tbplanning.cont
PLANNING I DESIGN I ENVIRONMENTAL I GRAPHICS
Planning Commission - October 02, 2014
Exhibit "B" to Resolution No. 1958
Balboa Marina West MND (PA2012-103)
+�1 BALBOA MARINA WEST IS/MND:RESPONSE TO COMMENT LETTERS
September 23,2014
Page 2 of 14
PI.ANN7NG
California Health and Safety Code,§70505"Disturbance of Human Remains"is required by state law.The mandatory
provisions of state law are not required to be repeated as mitigation measures.
As specified by Mitigation Measure MM CR-1,a data recovery plan is required if a suspected archaeological resource
is uncovered and a professional archaeologist determines that the resource is significant or potentially significant.The
specifics of the data recovery plan will depend on the nature of the resource. Significant resources are required to be
documented and placed in a public or private repository.Recovered resources are not required by state or federal law
to be exhibited.The potential that any uncovered resource would rise to a level of national significance and be eligible
for recognition under the National Park Service Historic Sites Act of 1935 or the National Historic Preservation Act of
1966 is highly unlikely and not reasonably foreseeable.
The City has revised IS/MND Mitigation Measure MM CR-1.The revised mitigation measure is an amplification of
the measure,is not a substantial modification to the IS/MND, and does not require the IS/MND to be recirculated.
Metropolitan Water District of Southern California
August 28,2014
Summary of Comments
This letter states that the Metropolitan Water District of Southern California has no existing facilities or rights of way
within the limits of the project site.
Response
This comment letter is acknowledged.
No revisions to the IS/MND are warranted
City of Irvine Community Development
August 28,2014
Summary of Comments
This letter states that the City of Irvine staff have received and reviewed the information provided and have no
comments.
Response
This comment letter is acknowledged.
No revisions to the IS/MND are warranted.
Jackson DeMarco Tidus Peckenpaugh
September 9,2014
Summary of Comments
This letter requests a copy of the Project's grading plan cited in the IS/MND as"Stantec,2014."Additionally,the letter
requests reference material for a statement in the IS/MND that the Project is expected to generate a demand for 3,395
gallons per day(gpd) of domestic water.
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PLANNING I DESIGN I ENVIRONMENTAL I GRAPHICS
Planning Commission - October 02, 2014
Exhibit "B" to Resolution No. 1958
Balboa Marina West MND (PA2012-103)
A BALBOA MARINA NEST IS/MND:RESPONSE TO COMMENT LETTERS
September 23, 2014
Page 3 of 14
P I-ANN
Response
The City of Newport Beach Community Development Department,Planning Division,provided the grading plan and
requested reference material (filed in the Project's administrative record with the City of Newport Beach) to the
commenter by e-mail on September 11,2014.IS/MND,Section 7,"References,"has been revised to include a citation
for the water demand reference material.
The City has added a reference citation to the IS/MND. The reference material was included in the City's
administrative record during public review of the draft IS/MND, is not new information, is not a substantial
modification to the IS/MND,and does not require the IS/MND to be recirculated.
California Department of Transportation(Caltrans)District 12
September 12,2014
Summary of Comments
This letter identifies Caltrans as a commenting and responsible agency on the Project.Caltrans indicates that any work
performed within the Caltrans right-of-way(East Coast Highway)will require discretionary review and approval by
Caltrans,and an encroachment permit and traffic control plan will be required.
Response
The Project proposes a small amount of physical disturbance in the Caltrans right-of-way at the Balboa Marina
entrance driveway as shown on IS/MND Figure 3-11. In response to this comment, IS/MND Table 3-1 has been
revised to list Caltrans as a responsible public agency,for issuance of an encroachment permit and approval of a traffic
control plan.
The City has revised IS/MND Table 3-1 to identify Caltrans. The addition is not a substantial modification to the
IS/MND, and does not require the IS/MND to be recirculated.
State Clearinghouse
September 16,2014
Summary of Comments
This letter acknowledges compliance with the State Clearinghouse review requirements for draft environment
documents pursuant to CEQA.This comment is noted.
Response
This comment letter is acknowledged.
No revisions to the IS/MND are warranted.
Still Protecting Our Newport(SPON)
September 16,2014
Summary of Comments
This letter expresses disagreement with the City's determination that a MND adequately addresses the impacts of the
Project due to proposed heights,visual impacts,parking impacts,ingress and egress from Pacific Coast Highway,and
increased intensity of bay use. The letter requests that the City prepare an Environmental Impact Report(EIR).
www.tbplannint;.com
PLANNING I DESIGN I ENVIRONMENTAL I GRAPHICS
Planning Commission - October 02, 2014
Exhibit "B" to Resolution No. 1958
Balboa Marina West MND (PA2012-103)
BALBOA MARINA WEST IS/MND:RESPONSE TO COMMENT LETTERS
September 23, 2014
Page 4 of 14
PLANNING
Response
The comment letter does not provide any detail or evidence to support the commentor's claim that the MND does not
adequately address the Project's environmental effects. The IS/MND evaluates the Project and determines that all
impacts would be less than significant or reduced to a level of less than significant with mitigation measures applied.
The IS/MND thoroughly evaluates the issue of proposed heights and visual impacts under the topic of"Aesthetics"
(IS/MND Section 5.4.1; pp. 5-14 to 5-36). As concluded by IS/MND Section 5.4.1, although the Project would
introduce a new marine commercial building up to 40 feet in height that could be perceived as a substantial change to
the existing views of the site from off-site locations,implementation of Mitigation Measure MM AE-1 would ensure
that the future marine commercial building is designed in a manner that provides architecturally enhanced components
while demonstrating compatibility with existing developed elements in the surrounding viewshed.Changes due to the
introduction of new boat slips would be less than significant because the new boat slips would appear as an extension
of the existing boat slips that occur in Newport Harbor.Additionally,improvements to the parking lot and associated
landscaping would not be prominently visible from off-site locations and would not represent a substantial change as
compared to the existing condition. Six (6)visual simulations are included in the IS/MND as Figures 5-6 to 5-11 to
support this conclusion. Therefore,with implementation of Mitigation Measure MM AE-1, Project-related impacts
associated with building height and visual quality would be reduced to below a level of significance.
The IS/MND thoroughly evaluates the topic of parking and ingress and egress from East Coast Highway under the
topic of"Transportation/Traffic"(IS/MND Section 5.4.16;electronic version pp.5-112 to 5-124 and printed version
pp. 5-108 to 5-120). The Project would generate approximately 1,506 daily vehicle trips.These trips would increase
traffic by less than 1%at intersections that experience congestion(defined as operating at a Level of Service D(LOS
D) or worse during the morning/evening peak hours). The Project site's ingress and egress point is a driveway
connecting to East Coast Highway and is not congested or projected to become congested.Accordingly,the Project
would not conflict with any applicable plan, ordinance or policy establishing measures of effectiveness for the
performance of the circulation system. Regarding parking, the Project is required to supply an adequate number of
parking spaces on the property consistent with the City's Municipal Code parking requirements. Also, the overall
layout of the existing parking lot would be reconfigured to improve circulatory access through the site.Parking and
ingress and egress impacts will be less than significant and mitigation is not required.
The IS/MND thoroughly evaluates the topic of increased bay use intensity under the topic of"Land Use and Planning"
(IS/MND Section 5.4-10;electronic version pp. 5-90 to 5-95 and printed version 5-86 to 5-91).The City of Newport
Beach land use plans,policies, and regulations applicable to the proposed Project include the City's General Plan,
Coastal Land Use Plan,and Zoning Code/Municipal Code.Based on the information presented in the IS/MND and in
its Technical Appendix Ml,"General Plan Consistency Analysis"and Technical Appendix M2,"Coastal Land Use
Plan Consistency Analysis,"the Project would not conflict with any applicable plan,policy,or regulation adopted for
the purpose of avoiding or mitigating an environmental impact.The Project site is designated Recreational and Marine
Commercial (CM 0.3 FAR) by the City's General Plan and Zoning Ordinance and is designated Recreational and
Marine Commercial (CM-A 0.00-0.30 FAR) by the Coastal Land Use Plan. The Project is consistent with those
designations. Furthermore, Mitigation Measure LU-1 ensures that City review of future applications for a Site
Development Review and a Conditional Use Permit will require mandatory compliance with all applicable General
Plan and Coastal Land Use Plan policies. Accordingly, impacts will be less than significant with mitigation
incorporated.
The IS/MND also evaluates the topic of bay use under the topics of"Aesthetics"(IS/MND Section 5.4-1;pp.5-14 to
5-36),"Biological Resources(IS/MND Section 5.4.4;electronic version pp.5-49 to 5-60 and printed version pp.5-45
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PLANNING I DESIGN I ENVIRONMENTAL I GRAPHICS
Planning Commission - October 02, 2014
Exhibit "B" to Resolution No. 1958
Balboa Marina West MND (PA2012-103)
.� BALBOA MARINA WEST IS/MND:RESPONSE TO COMMENT LETTERS
September 23, 2014
Page 5 of 14
P L A N N f N
to 5-56) "Hydrology and Water Quality" (IS/MND Section 5.4-9;.electronic version pp. 5-82 to 5-90 and printed
version pp. 5-78 to 5-86),and"Land Use and Planning"(IS/MND Section 5.440;electronic version pp.5-90 to 5-95
and printed version 5-86 to 5-91).Aesthetic changes in the bay due to the introduction of new boat slips would be less
than significant because the new boat slips would appear as an extension of the existing boat slips that already occur in
Newport Harbor and the new slips would not obstruct a scenic view or substantially degrade the existing visual quality
or character of the area.Six(6)visual simulations are included in the IS/MND to support that conclusion.In regards to
biological resource impacts, all impacts in the bay would be temporary and occur during the Project's construction
period. This conclusion is supported by Technical Appendix B,"Marine Biological Assessment,Technical Appendix
C,"Jurisdictional Delineation Report,"Technical Appendix D,"Coastal Engineering Study,Technical Appendix E,
"Impact Assessment for Proposed Project Alternatives," and Technical Appendix F,"Dredged Material Evaluation
Sampling and Analysis Report." Based on the conclusions of these extensive technical analyses, the Project's
biological impacts would be limited to temporary impacts during its construction period and impacts to a small area of
eelgrass.Mitigation Measures MM BR-1 to MM BR-6 are required to ensure that all biological resource impacts are
reduced to below a level of significance. Similarly, temporary water quality impacts identified in the IS/MND
associated with turbidity during water-side construction would be reduced to below a level of significance by
Mitigation Measure MM HWQ-2.Potential operational-related water quality impacts are identified and addressed in
Technical Appendix I,"Preliminary Water Quality Management Plan,"and potential impacts would be mitigated to a
less than significant level by the preparation and implementation of a Marina Management Plan required by Mitigation
Measure MM HWQ-1.
In conclusion,based on the IS/MND and all of the information contained in the IS/MND Technical Appendices and
Project's administrative record,the City finds no substantial evidence that the Project wouldhave a significant effect
on the environment.As such, an EIR is not required.
No revisions to the IS/MND are warranted.
Jackson DeMareo Tidus Peckenpaugh
September 17,2014
Summary of Comment 1
The letter claims that the IS/MND violates CEQA by failing to analyze and mitigate the potential environmental
impacts of the Project together with the approved Back Bay Landing and pending harbor water bus/taxi projects.
Response
The IS/MND contains an analysis of cumulative effects and considers the Back Bay Landing project. The IS/MND
(electronic version pp. 5-131, 132 and printed version pp. 5-127, 128) listed the cumulative projects that were
considered in the analyses, but inadvertently only listed the approved projects and not the projects that are under
consideration and not yet approved.Table 7 of the Project's traffic study(IS/MND Technical Appendix K,p.44)listed
those projects as follows:
Project Name
Koll-
Back Ba
Banning
Old City Hall Complex Redevelopment/Lido House
Newport Coast-TAZ 1
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PLANNING I DESIGN I ENVIRONMENTAL I GRAPHICS
Planning Commission - October 02, 2014
Exhibit "B" to Resolution No. 1958
Balboa Marina West MND (PA2012-103)
A � BALBOA MARINA WEST IS/MND:RESPONSE TO COMMENT LETTERS
September 23, 2014
Page 6 of 14
P LAN N I N
Newport Coast-TAZ 2
Newport Coast-TAZ 3
Ne ort Coast-TAZ 4
Although the list of these projects was inadvertently omitted from the IS/MND(electronic version pp.5-131, 132 and
printed version pp. 5-127, 128), they were considered and evaluated in the IS/MND analyses and in the analyses
provided in Technical Appendices A (Air Quality and Greenhouse Gas), J (Noise), and K(Traffic). The IS/MND
(electronic version p. 5-132 and printed version p. 128)has been revised accordingly to list the above projects.The
"Water Bus/Taxi"project noted in this comment is speculative.Although the City has discussed the possibility of a
water bus/taxi,an application has not been filed,its feasibility is uncertain,and a feasibility study is not yet complete.
As such,it is not a"project"as defined by CEQA and is certainly not a reasonably foreseeable project that warrants
consideration in a cumulative effects analysis. In addition,because of its speculative nature, there are no details to
study at this time.
The Back Bay Landing project and the proposed Balboa Marina West project are two distinct projects and are not the
same project.The Back Bay Landing project proponent is Bayside Village Marina,LLC,whereas the Balboa Marina
West project proponents are Irvine Company and the City of Newport Beach.The Back Bay Landing Draft EIR was
completed and circulated for public review in October 2013,whereas the Balboa Marina West project application was
not on file with the City of Newport Beach until December 2013.Regarding the cumulative evaluation of aesthetics,
the Back Bay Landing project is located on the north side of East Coast Highway whereas the Balboa Marina West
project is proposed on the south side of East Coast Highway. The highway provides a clear visual separation. In
addition,the Back Bay Landing EIR(SCH No.2012101003)concluded that the Back Bay Landing project's aesthetic
impacts would be less than significant.The one building proposed on the Balboa Marina West property would have a
less than significant potential to result in a significant, cumulatively considerable aesthetic impact, especially
considering that the two projects are physically separated by a highway.
The City has added the full list of evaluated cumulative projects to the IS/MND.The full list of projects was included
in the City's administrative record during public review of the draft IS/MND, is not new information, is not a
substantial modification to the IS/MND, and does not require the IS/MND to be recirculated.
Summary of Comment 2
The comment letter suggests that the IS/MND should be revised to include additional information to analyze and
mitigate the Project's temporary and permanent noise and vibration effects on residences on Linda Isle.
Linda Isle is a private,gate-guarded community.As stated in the MND and noise study(Technical Appendix J),data
gathered during the 2008/9 noise and vibration monitoring conducted by Anchor QEA at Linda Isle during the
construction of the original Balboa Marina dock replacement project was used to analyze and access potential noise
and vibration impacts associated with the proposed Project. The 2008/9 Balboa Marina dock replacement project
involved demolition,seawall repair,pile installation,dredging,and new marina construction and the same contractor,
equipment, and construction techniques will be employed by the currently proposed Project. Therefore, additional
measurements taken from Linda Isle were unnecessary.
Based on the professional opinion of David Wieland,Principal Consultant of Wieland Acoustics having more than 30
years of experience in acoustical and vibration analyses,the acoustical study prepared by Wieland for the operation of
the proposed marine commercial building,including a potential restaurant tenant,presents an adequate and appropriate
mitigation measure for protecting the residents of Linda Isle from significant noise level increases associated with the
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PLANNING I DESIGN I ENVIRONMENTAL I GRAPHICS
Planning Commission - October 02, 2014
Exhibit "B" to Resolution No. 1958
Balboa Marina West MND (PA2012-103)
A BALBOA MARINA WEST IS/MND:RESPONSE TO COMMENT LETTERS
September 23,2014
Page 7 of 14
PLANNING
building's operation. As stated in the MND and the noise study (Technical Appendix J), a potentially significant
impact is only anticipated if the proposed building has noise-generating activities on an outdoor patio and/or live
entertainment.At this early stage of the planning process,it is not known whether the future building will have such
noise-generating uses.In addition,the Project is still in its Approval in Concept stage and design characteristics of the
building are not yet known,including the location and design of any outdoor dining areas.The need for such measures
will be addressed in a subsequent acoustical study that will be prepared once the design of the building and the
operational parameters for the building tenants are known as required by Mitigation Measure MM N-1. Mitigation
Measure MM N-1 specifies the requirement for the subsequent acoustical study and provides a performance measure
(compliance with the requirements identified in Chapters 5.28, 10.26, 10.028.020, and 20.48.909(E) of the City of
Newport Beach Municipal Code,which address noise.)
The issue of potential noise impacts from pedestrians walking to and from the parking areas and the proposed marine
commercial building is not addressed directly in the Wieland Acoustics study (Technical Appendix J); however,
pedestrian activity was included in the analysis. The SoundPLAN model that was used to analyze parking lot noise
levels(refer to Section 9.2.3 of Technical Appendix J)included a+3 dB correction to account for the noise of patrons
in the parking lot.This model anticipated pedestrians walking throughout the entire parking area,including along the
marina frontage.In addition,the issue of noise from activities in the parking lot was addressed in Section 9.2.3 of the
Technical Appendix J.As indicated in the Wieland Acoustics study,it is anticipated that activities in the parking lot
(vehicle movements,car doors opening and closing,patrons talking,etc.)will generate a noise level that is well below
the City's daytime and nighttime noise standards, as established by the City of Newport Beach Municipal Code.
Therefore,mitigation is not required or recommended. It should also be noted that there is a large parking lot on the
property under existing conditions and the proposed,reconfigured parking lot would not be a new introduced activity.
Regarding the issue of vibration,Technical Appendix J indicates that there is always the potential risk for structural
damage, even at relatively low vibration velocities. To address this, there was an extensive monitoring program
conducted during the initial reconstruction of Balboa Marina in 2008/9. The monitoring report prepared by Anchor
QEA(included as Enclosure 1 of Technical Appendix J)showed that there was no structural damage at any location in
the Project's vicinity, including at Linda Isle. Because the waterside improvements associated with the proposed
Balboa Marina West project will include fewer piles than with 2008/9 reconstruction,and because most of the piles
will be installed farther away from Linda Isle than with the 2008/9 reconstruction, it is the professional opinion of
Wieland Acoustics,based on substantial evidence from the 2008/9 monitoring program,that no structural damage will
result at Linda Isle from construction of the Balboa Marina West waterside improvements.The methodology that will
be used to install the piles for the landside improvements will produce even less vibration than the methodology used
to install the waterside improvements.Therefore,the MND appropriately concludes,with sufficient evidence from the
extensive monitoring that occurred in 2008/9,that no structural damage will result at Linda Isle from construction of
Balboa Marina West. 4ttachmentA to this Response to Comments document is an exhibit that was included in the final
noise/vibration report prepared by Anchor QEA.The report documented the results of extensive noise and vibration
monitoring during the 2008/9 reconstruction of Balboa Marina.The exhibit shows 16 locations for meter installations.
The range of the monitoring activity is depicted by a blue line along the property seawalls extending along the entire
frontage of properties facing Balboa Marina.Monitors and meters were re-positioned as required since equipment and
construction activity changed location as work progressed.
No revisions to the IS/MND are warranted.The comments do not support a fair argument that the analysis as presented
in the IS/MND is insufficient or a fair argument that there will be significant impacts.
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PLANNING I DESIGN I ENVIRONMENTAL I GRAPHICS
Planning Commission - October 02, 2014
Exhibit "B" to Resolution No. 1958
Balboa Marina West MND (PA2012-103)
+� BALBOA MARINA WEST IS/MND;RESPONSE TO COMMENT LETTERS
September 23, 2014
Page 8of14
P IAN NI NG
Summary of Comment 3
The comment letter requests revisions to the IS/MND to provide additional information and analysis of the Project's
water and wastewater demands.
Response
IS/MND Section 3.1.2.13 states that based on typical utility usage rates for restaurants and commercial establishments,
the proposed marine commercial building is expected to generate a utility demand for 3,395 gallons per day(gpd)of
water and 2,755 gpd of wastewater treatment capacity.In response to this comment,Stantec was asked to provide more
detail, and supply water and wastewater treatment demand calculations for the entirety of the Project site, without
taking any credit for water demand or wastewater generation by existing uses on the property. Stantec's full
memorandum, dated September 23,2014, is attached to this Response to Comments document.
Stantec provided the following table,based on normal year water demand factors provided by Irvine Ranch Water
District.The calculation of water demand for landscape areas is based the City's Landscape Ordinance and requirement
for drought tolerant plant material pursuant to California Coastal Commission guidelines and the City of Newport
Beach's Water Efficient Landscape Ordinance(Municipal Code Chapter 14.17).Dry year water demands are based on
emergency drought conditions,where water demand reduction measures are required to be implemented.A normal-
year water demand for the Project is calculated by Stantec to be 4,479 gpd.A dry-year 20%reduction in water usage
for the Project would result in a usage of 3,583 gpd.
Table 1 -Normal YearAnnual Water Demands
Use Area Water Demand Demand
Factor (gpd)
Restaurrant&Parch 19=s€ l 75 gpd/I.,CGL s€ 3,325
- � Yacht Brokerage Office _.___._200 st._.___175 gpd/1,000 s€ 35
Marina Resfroorns - 20)s€_ 175 gpdtl.000 s€ � 35
Subtotal Dorn-tick Water Demands 19,400 s€ 3.395
Landscape Area Wr gation Demands 36,947 s€ - 1,094-'
Totat Normal Year Water Demands 4.479
o Land=pe area W Mr aemarwl caMulared aosed cn fie Cilyof tl aport Bet n LarYd=pe Ordhorce fm
Bkr=ted Anr a l Woier We tEA WU1.Calot6 ftM aM a€aaarea.
Stantec also provided the following table,which verifies that the figure o£2,755 gpd of wastewater treatment capacity
demand cited in IS/MND Section 3.1.2.13 is accurate.
Ta We 2-Wastewater Generation
Use Area, Water Demand Demand
factor (gpd)
Restafarant R Patio 19,000 sf 142 gpd/l.CllEY sf 2.699
Yacht Saeakerage oitttiice 2ODsf 1:.42 gpd/1,006 sa 29
acrina Restraams 200 s€ 142 g7pd/1,000 s€ 28
Laandscape Area 35.947 sf - -
Tot ffWastewater Generation 2.755
www.ab p l a n n in R.c o an
PLANNING I DESIGN I ENVIRONMENTAL I GRAPHICS
Planning Commission - October 02, 2014
Exhibit "B" to Resolution No. 1958
Balboa Marina West MND (PA2012-103)
A BALBOA MARINA WEST IS/MND:RESPONSE TO COMMENT LETTERS
Laq September 23, 2014
I -A Page 9 of 14
P I.ANNI NG
The conclusion given in the IS/MND that there is a sufficient water supply and sufficient wastewater treatment
capacity to service the proposed Project is accurate. As shown above, there is no change to the IS/MND's reported
wastewater generation calculation of 2,755 gpd. IS/MND Section 5.4.17 (electronic version p. 5-127 and printed
version p. 123),has been updated to indicate a total normal year water demand of 4,479 gpd,including water demand
for landscaping taking no credit for water used by existing uses on the property(including landscaping).
Even through the Project's total water demand will be greater than the building-only demand reported in the IS/MND
distributed for public review,the total demand would still result in a less than significant impact to the environment.
The City's Urban Water Management Plan (UWMP) assumes build-out of the City in accordance with its General
Plan,which designates the Project site as Marine Commercial(CM 0.3 FAR).The proposed Project is consistent with
the CM 0.3 FAR designation,and thus its water demand is planned for by the UWMP,and the City has entitlements to
sufficient water supplies to serve its existing and projected demand.
Dry year water demands are based on emergency drought conditions,where water use reduction measures are required
to be implemented. This year, the Governor of California issued Proclamation No. 1-17-2014, to campaign the
requirement to reduce water demands by 20%. The proposed Project, like all development in the City, would be
required to implement the necessary measures as would be required by the City of Newport Beach, Ordinance No.
2009-24. A 20%reduction in water usage for the Project would result in a daily usage of 3,583 gpd. This would be
achievable through conservation efforts by the marine commercial building tenant, with the most savings due to
restrictions on landscape watering days and durations unposed by the City.Accordingly,the Project would not result in
the need to expand water entitlements.A less-than-significant impact would occur and mitigation is not required.
The City has revised IS/MND to identify the water demand for the entire Project site.The revision is not a substantial
modification to the IS/MND,and does not require the IS/MND to be recirculated.
Summary of Comment 4
The comment letter requests additional information and analysis of the Project's aesthetic impacts,particularly related
to light,glare,and building height.
Response
The IS/MND contains an extensive evaluation of potential aesthetic impacts,including the effects of light,glare,and
scenic view obstruction associated with building height.The existing Balboa Marina parking lot is tiered under existing
conditions. Some portions of the parking lot are proposed to be raised in grade,and other portions are proposed to be
lowered in grade.The parking spaces in the southern portion of the Project site would be lowered,not raised.Also,a
portion of the raised area would be located immediately north of the proposed building and the building would block
vehicle headlights from view of Linda Isle.In addition,a number of the proposed parking spaces will occur under the
proposed marine commercial building, which also will effectively block light from vehicles parked in those spaces
from view of Linda Isle.The portion of the parking lot that is proposed to be raised and within view of Linda Isle is
designed to be positioned behind a landscape zone densely planted with trees.Refer to IS/MND Figure 3-9,Conceptual
Landscape Plan. As shown, a double row of trees is proposed in this landscape island. This landscaped island is a
Project design feature, not a mitigation measure. Therefore, there is no potential for vehicle headlights in the
reconfigured parking lot to result in a new source of substantial light or glare. It should also be noted that there is a
large parking lot on the property under existing conditions and the proposed,reconfigured parking lot and light from
vehicle headlights would not be a new introduced activity.
Regarding the conceptual design of the proposed building, the Project is still in its Approval in Concept stage and
design characteristics of the building are not yet known.Regardless,the IS/MND presents an extensive evaluation of
www.tbplanning.coni
PLANNING I DESIGN I ENVIRONMENTAL I GRAPHICS
Planning Commission - October 02, 2014
Exhibit "B" to Resolution No. 1958
Balboa Marina West MND (PA2012-103)
BALBOA MARINA WEST IS/MND:RESPONSE TO COMMENT LETTERS
September 23, 2014
Page 10 of 14
P I, A N N I N C
the maximum permitted bulk and scale of the building,to a maximum height of 40 feet. Six(6)visual simulations were
prepared,presented in the IS/MND, and analyzed for the building's potential to substantially block public views or
result in a substantial degradation of the existing visual character or quality of the site and its surroundings. The
IS/MND concluded that the maximum building height of 40 feet would not substantially block public views or degrade
visual character or quality of the site and its surroundings.However,because the specific architectural details of the
building are not known at this time, Mitigation Measures MM AE-1 and AE-2 are imposed to ensure that when the
future building design is reviewed by the City,it meets all of the applicable policies of the City's General Plan and
Coastal Land Use Plan.Because impacts would be less than significant,there is no need to impose a height restriction
on the structure beyond the height restriction already imposed by the City's Coastal Land Use Plan.
No revisions to the IS/MND are warranted.The comments do not support a fair argument that the analysis as presented
in the IS/MND is insufficient or a fair argument that there will be significant light, glare, or aesthetic impacts.
Summary of Comment 5
The letter suggests that the MND should be revised to provide additional information and clarify the project's grading
impacts.
Response
The earthwork quantities presented in the IS/MND are accurate.A preliminary calculation conducted by Stantec and
attached to the Project's grading plan estimates 3,653 cubic yards (cy)of cut and 7,860 cy of fill. The difference of
2,843 cy (needed fill) would be accomplished by approximately 1,300 cy of upland soils removed as part of the
waterside development(IS/MND Subsection 3.2,p.3-6)and remainder by import.The import quantity using Stantee's
calculations would be approximately 1,543 cy whereas the MND identifies 1,364 cy of import.The difference of 179
cy equates to approximately only nine dump truck trips,as one dump truck carries 20 cy.The Project proponent(Irvine
Company)owns many properties within one-mile of the Project site,from which the earth material would be hauled.
The haul distance of one mile is therefore established,and accurate for analysis.Based on the design characteristics of
the Project disclosed in IS/MND Section 3.0,Project Description,the number of construction-related trips would be far
less than the operational-related trips fully analyzed for the Project. Reference citations to the Stantec grading plans
have been corrected in the IS/MND.
No revisions to the IS/MND are warranted.The comments do not support a fair argument that the analysis as presented
in the IS/MND is insufficient or a fair argument that there will be significant impacts resulting from the hauling of
earth material.
Summary of Comment 6
The comment letter suggests that the MND must be revised and recirculated.
Response
CEQA Guidelines Section 15073.5 describes the conditions under which a MND that was circulated for public review
is required to be re-circulated for additional public review and comment.CEQA Guidelines Section 15073.5 states a
lead agency is required to recirculate a MND when the document is substantially revised.A"substantial revision"is
defined as a circumstance under which:
a. Anew,avoidable significant effect is identified and mitigation measures or project revisions must be added in
order to reduce the effect to insignificance; or,
b. The lead agency determines that the proposed mitigation measures or project revisions will not reduce
potential effects to less than significance and new measure or revisions must be required.
www.6p1anning.com
PLANNING I DESIGN I ENVIRONMENTAL I GRAPHICS
Planning Commission - October 02, 2014
Exhibit "B" to Resolution No. 1958
Balboa Marina West MND (PA2012-103)
BALBOA MARINA WEST IS/MND:RESPONSE TO COMMENT LETTERS
September 23, 2014
Page 11 of 14
P1. ANN iNr,
As summarized above and listed below in the `Errata Table of Corrections and Revisions," there were no public
comments or changes to the text or analysis of the Balboa Marina West IS/MND that resulted in the identification of
any new significant environmental effect requiring mitigation.In addition,based on comments received on the Balboa
Marina West IS/MND,only minor,non-substantive revisions that merely clarify or amplify information presented in
the IS/MND were required(as described below in the Errata Table of Corrections and Additions). Additionally,the
IS/MND circulated for public review was fundamentally and basically adequate,and all conclusions presented in the
IS/MND were supported by evidence provided within the MND or the administrative record for the proposed Project.
Based on the foregoing,recirculation of the IS/MND is not warranted according to the guidance set forth in Section
15073.5 of the State CEQA Guidelines.
The IS/MND does not need to be recirculated based on Section 15073.5 of the State CEQA Guidelines.
Orange County Sanitation District(OCSD)
September 17,2014
Summary of Comments
This letter advises the City that OCSD will be studying realignment options for force mains and relocation options for
sewer pump stations that may impact the Project site. The letter requests that the City of Newport Beach provide
connection points and confirm that capacity is available in the local sewer collection system for the project.In addition,
the letter notes that any construction dewatering operations must be permitted by OCSD before discharges begin.
Response
The OCSD's pending sewer force main and pump station study is acknowledged. The Project would not preclude
OCSD from conducting its study or identifying the Project site as a potential location for relocated facilities.The City
will work with OCSD as requested in a cooperative manner.The IS/MND discloses that the Project would generate
approximately 2,755 gallons per day of wastewater (electronic version p. 5-125 and printed version p. 5-121).
Connection points to OCSD collection lines would be installed on-site by the Project with adequate conveyance
capacity. OCSD review and approval of the water quality of any discharges and related measures is acknowledged.
No revisions to the IS/MND are warranted.
Department of Fish and Wildlife(CDFW)
September 19,2014
Summary of Comments
This letter acknowledges that the CDFW does not object to the Project's eelgrass mitigation proposal and identifies
current eelgrass transplantation requirements,which requires two authorizations instead of one.
Response
This comment letter is acknowledged. IS/MND Table 3-1 lists the CDFW and cites the requirement for a Letter of
Authorization. The additional authorization for a Scientific Collecting Permit to remove eelgrass has been added to
Table 3-1.
The City has revised IS/MND Table 3-1 to identify CDFW's requirement for a Scientific Collecting Permit. The
addition is not a substantial modification to the IS/MND, and does not require the IS/MND to be recirculated.
www.tbplanning.com
PLANNING I DESIGN I ENVIRONMENTAL I GRAPHICS
Planning Commission - October 02, 2014
Exhibit "B" to Resolution No. 1958
Balboa Marina West MND (PA2012-103)
A � BALBOA MARINA WEST IS/MND:RESPONSE TO COMMENT LETTERS
September 23, 2014
Page 12 of 14
P LANNINC
Orange County Parks
September 22,2014 and September 17,2014
Summary of Comments
This correspondence requests that Table 3-1 be revised to reflect the approval/permit action of securing a lease from
the County to cover the area within County Tidelands and,in the case of private boat slips,pay fair market rent.
Resnonse
IS/MND Table 3-1 lists the County of Orange and cites the requirements for an encroachment permit and State Lands
Commission coordination.The additional requirement for a lease for the portion of the Project in County Tidelands has
been added to Table 3-1.
The City has revised IS/MND Table 3-1 to identify the County of Orange's requirement for a lease.The addition is not
a substantial modification to the IS/MND, and does not require the IS/MND to be recirculated.
Errata Table of IS/MND Corrections and Revisions
NOTE:There is a pagination error in the printed version of the IS/MND.Pages 5-41 to 5-44 repeat,which throws off
the numbering sequence(i.e.,the second Page 5-41 should be Page 5-45,the second page 5-42 should be 5-46,etc.).
This error does not occur in the electronic version of the IS/MND provided on CD and online.For this reason,page
numbers for both the printed version and electronic version of the IS/MND are given in the table below for all page
number references.
Global References to"Project Applicant"has been changed to"Irvine Company"throughout the
Mitigation Monitoring and Reporting Program.
Section 2.5 The IS/MND indicates that the General Plan and Coastal Land Use Plan designations
Figure 2-5 for the property located north of the Project site,north of the East Coast Highway
Figure 2-6 bridge, are Marine Commercial (CM).The City of Newport Beach acted on a General
Plan Amendment and Coastal Land Use Plan Amendment(Back Bay Landing project)
on February 11,2014,to change the designations for that property to Mixed Use
Horizontal (MU-H 1 and MUH,respectively). The land use change will not become
effective until such time as the California Coastal Commission approves the Coastal
Land Use Plan Amendment.
Table 3-1 Additional responsible public agencies and approvals have been added to Table 3-1:
California Department of Transportation—Encroachment Permit and Traffic Control
Plan
County of Orange—Lease in County Tidelands
California Department of Fish and Wildlife—Scientific Collecting Permit to remove
eelgrass.Letter of Authorization for han,esting aii'to transp ammto lace eelgrass
back into the environment.
www.tbPta11ningx0M
PLANNING I DESIGN I ENVIRONMENTAL I GRAPHICS
Planning Commission - October 02, 2014
Exhibit "B" to Resolution No. 1958
Balboa Marina West MND (PA2012-103)
A BALBOA MARINA WEST IS/MND:RESPONSE TO COMMENT LETTERS
aq September 23, 2014
J Page 13 of 14
P I:A N N
MM AE-1 The following revision has been made to Mitigation Measure MM AE-1:
Prior to approval of a Site Development Review by the Planning Commission,the
City Planning Division shall review the proposed architectural design of the marine
commercial building to ensure that the design complies with applicable policies of
the City's General Plan and Coastal Land Use Plan related to architectural character
and aesthetics.
MM AE-2 The following revision has been made to Mitigation Measure MM AE-E:
Prior to approval of a Site Development Review by the Planning Commission,the
City Planning Division shall review the architectural design of the proposed marine
commercial building to ensure that non-reflective materials and colors that are
complimentary to the surrounding area are used.
MM CR-1 The following revision has been made to Mitigation Measure MM CR-1:
Prior to the issuance of grading permits, the City of Newport Beach shall be
provided evidence that the construction contractor is trained to identify suspected
archaeological resources;or,aprofessional archaeological monitor shall be retained
to monitor ground-disturbing construction activities in previously undisturbed native
soils.Prior to the issuance of grading permits,the City shall verify that the following
note is included on the grading plan(s):
MM LU-1 The following revision has been made to Mitigation Measure MM LU-1:
The City of Newport Beach Planning Division shall review the Project's
applications for a Site Development Review and Conditional Use Permit to ensure
compliance with all applicable General Plan and Coastal Land Use Plan policies that
relate to environmental resource protection. and ensure eemplia*ee.
Section The following revision has been made:
5.4.17(d)
The marine commercial building proposed for the land-side portion of the Project
site is expected to generate a demand for 3,395 gallons per day(gpd) of domestic
water,assuming a 19,000 s.f.restaurant,200 s.f.yacht brokerage office,and 200 SX.
marina restrooms(Stantec 2014a). Landscape irrigation demands are calculated to
be 1,084 gpd, for a total Proiect water demand of 4.479 aid in a normal year. In a
dry year, water use reductions would be required pursuant to City Ordinance No.
2009-24.A 20%water use reduction in a dry year would total 3,583 gpd. (Stantec
2014b
Electronic Page 5432 has been revised to be consistent with the complete list of cumulative projects
Version that were evaluated for cumulative impacts in the IS/MND. These projects were
Page 5432 considered in the IS/MND and were presented in Table 7 of Technical Appendix K(the
traffic study).Although these projects were inadvertently excluded from the list appearing
Printed Version on IS/MND electronic version p. 132 and printed version p. 128, they were fully
Page 5-128 considered as part of the Project's cumulative effects evaluation:
www.6plann.in P,.com
PLANNING I DESIGN I ENVIRONMENTAL I GRAPHICS
Planning Commission - October 02, 2014
Exhibit "B" to Resolution No. 1958
Balboa Marina West MND (PA2012-103)
d BALBOA MARINA WEST IS/MND:RESPONSE TO COMMENT LETTERS
September 23, 2014
Page 14 of 14
PLANNING
Project Name
Koll-
Back Bay
Banning
Old City Hall Complex Redevelopment/Lido House
Newport Coast-TAZ 1
Newport Coast-TAZ 2
Newport Coast-TAZ 3
Newport Coast-TAZ 4
Section 7.0 Reference citations have been added.
Stantec 2014a — Stantec. 2014a, Balboa Marina West — Water & Wastewater
Generation Estimate.May 13,2014.
Stantec 2014b—Stantec,2014b,Balboa Marina West—Draft Initial Study/MND—
Response to Comments—Project Water and Wastewater Demands. September 23
2014.
Attachments
1. Stantec Memo:Balboa Marina West—Draft Initial Study/MND—Response to Comments—Project Water and
Wastewater Demands
2. Wieland Associates Letter:Response to Comment Regarding Acoustical Study for the Balboa Marina West
Expansion in Newport Beach
3. Anchor QEA: Monitoring Locations
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PLANNING I DESIGN I ENVIRONMENTAL I GRAPHICS