Attachment D
Planning Commission Staff Report from January 18, 2024 (No Attachments) 13-77
CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
January 18, 2024
Agenda Item No. 3
SUBJECT: OCSD Bay Bridge Pump Station (PA2023-0076)
▪ Major Site Development Review
▪ Coastal Development Permit
SITE LOCATION: 250 East Coast Highway and 100 Dover Drive APPLICANT: Orange County Sanitation District
OWNER: Orange County Sanitation District
PLANNER: David Lee, Senior Planner
949-644-3225, [email protected]
PROJECT SUMMARY
A major site development review and coastal development permit to allow the demolition of an existing pump station (approximately 4,800 square feet) and associated force mains and construction of a new pump station (approximately 7,500 square feet) and associated force mains at 250 East Coast Highway . Additionally, the project includes a temporary construction staging area at Lower Castaways Park at 100 Dover Drive (Lower Castaways Park).
RECOMMENDATION
1) Conduct a public hearing;
2) Find 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; and 3) Adopt Resolution No. PC2024-002 approving a Major Site Development Review and Coastal Development Permit (PA2023-0076) (Attachment No. PC 1). 13-78
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VICINITY MAP
GENERAL PLAN ZONING
LOCATION GENERAL PLAN ZONING CURRENT USE
ON-SITE Mixed-Use Water 2 (MU-W2) Back Bay Landing (PC-9) OCSD Bay Bridge Pump Station NORTH MU-W2 PC-9 RV and Boat Storage and Marina
Parking
SOUTH Recreational and Marine
Commercial (CM)
Commercial Recreational
and Marine (CM) Balboa Marina
EAST Multiple Residential (RM) Bayside Village Mobile
Home Park (PC-1) Mobile Home Park
WEST MU-W2 PC-9 RV and Boat Storage and Marina
Parking
Bay Bridge
Pump Station
Construction Staging Area
(Lower Castaways Park)
New force
main vault
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INTRODUCTION
Project Setting and Background
The subject property is located on East Coast Highway between Bayside Drive and the Bay Bridge. Adjacent to the property is the Bayside Village Marina, which includes visitor serving uses (i.e. Pearson’s Port seafood market and Southwind Kayak rentals), recreational vehicle and boat storage, and marina parking lot. This adjacent property is intended to be developed with a f uture mixed-use waterfront village in accordance with Back Bay Landing Planned Community Development Plan ( PC-9)1. Additional surrounding uses include the B ayside Village Mobile Home Park to the north and east across Bayside Drive, a restaurant (Sol Mexican Cocina) 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.
The property consists of an existing wastewater pump station known as the Bay Bridge Pump Station (BBPS), which was constructed in 1966 and has been operated by the Orange County Sanitation District (OCSD) (Figure 1, below). The existing BBPS includes two single-story buildings, a perimeter wall with a vehicular access gate from East Coast Highway, and outdoor mechanical equipment that is not screened from public view. The BBPS also includes force mains which tunnel under th e bay to the western side of the Bay Bridge into an existing vault that straddles the public right -of-way and private property. OCSD has aging infrastructure throughout the City of Newport Beach (City) and frequently undertakes projects to repair or replace sewer main lines, pump stations, and other equipment. In 1995, OCSD upgraded the BBPS with new pumps, piping and ventilation, and in 2014, added an additional pump for increased capacity and reliability.
The existing pump station is over 50 years old and requires replacement to serve the city.
The station pumps wastewater flow generated by residents and businesses west of Newport Bay, including Balboa Island and Crystal Cove , and ultimately to a wastewater treatment facility located in the City of Huntington Beach.
The project also includes a temporary construction staging area proposed at Lower Castaways Park at 1100 Dover Drive . Lower Castaways is a City -owned park that is approximately four acres, located directly north of West Coast Highway and directly east of Dover Drive. Castaways Park, which is a larger, approximately 16-acre park, is located directly to the north. Lower Castaways is improved with public parking spaces and is used as access to the bay for boat launching , but is also utilized for temporary construction staging and parking to accommodate public works and/or large construction projects .
While the property is zoned under the Castaways Marina Planned Community Text (PC- 37) and was originally intended to be developed as a commercial marina with boat slips by the prior property owner , the property was dedicated to the City in 2008 as a public
1 PC-9 was amended by the City Council on Amended 26, 2016 through Ordinance 2016-8. Since the approval of the City Council was legislative only, a future site development review and coastal development permit is required for the Back Bay Landing mixed-use village project to be implemented. 13-80
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benefit. The City is investigating opportunities to further develop the site recreational and marine related uses.
Figure 1: Existing Bay Bridge Pump Station
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 posses sion expand ing 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 will be recorded with the County Assessor’s Office.
Project Description
In order to upgrade the aging BBPS, OCSD requests a major site development review and coastal development permit for the following:
1. The demolition of an existing pump station and construction of 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) (Figure 2, below);
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Figure 2: Proposed Pump Station Site Rendering
2. 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, where the existing force mains are to be abandoned in place (Figure 3, below); and
Figure 3: Location of Proposed Force Mains in Red
3. The temporary use of a portion of the City -owned Lower Castaways Park as a construction staging yard. OCSD 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 Plans are provided in Attachment No. PC 7. 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, Electrical Room
Generator Room
Odor Control
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California Department of Fish and Wildlife, National Marine Fisheries Service, 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 juri sdiction, OCSD must obtain a separate coastal development permit from the CCC. All portions of the Project located in the City’s permitting jurisdiction, including the pump station site at 250 East Coast Highway and the proposed temporary construction staging area at 100 Dover Drive, are located within the coastal zone and therefore, the project requires a coastal development permit.
DISCUSSION
Analysis
General Plan, Zoning Code, and Local Coastal Program
250 East Coast Highway – BBPS Site
The property at 250 East Coast Highway 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. The property is a part of Anomaly 80 of the General Plan Land Use Plan. Anomaly 80 includes the 250 East Coast Highway 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. Although currently under developed, the PC-9 zoning district sets 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 to the future Back Bay Landing mixed -use village project would result in a total of 101,278 square feet, which is within the development limit of Anomaly 80 of the General Plan Land Use Element.
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 visi tor-serving uses, as well as allow for the development of mixed -use structures with residential uses above the ground floor. 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 above.
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 13-83
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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.
Lower Castaways Park – Temporary Construction Staging Area
Lower Castaways Park at 100 Dover Drive 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. It is located in the coastal zone and is designated as Recreational and Marine Com mercial (CM-A) – (0.0 – 0.30 FAR) by the CLUP and is located within the Castaways Marina Planned Community (PC-37) Coastal Zoning District. OCSD is proposing to use an approximately 18,000 -square-foot portion of the 4 -acre park for temporary construction s taging purposes. Per Section IV.B (Permitted Uses) of PC-37, temporary structures and uses are listed as permitted uses.
Additionally, per Table 21.26-5 of the NBMC, temporary uses are listed as allowed uses.
Therefore, the temporary construction staging at Lower Castaways is consistent with the NBMC.
Site Development Review Findings
Pursuant to Subsection VII (C) (Back Bay Landing PCDP Implementation/Site Development Review – Findings) of the Newport Beach Municipal Code (NBMC), the Planning Commission must make the following findings before approving a Major Site Development Review:
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.
B. The development shall not be incompatible with the character of the neighboring uses and surrounding sites.
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.
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.
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.
As previously discussed, the proposed project is within the development limits of the MU- W2 and General Plan Anomaly 80, and is recognized as permitted use by PC -9. The project is consistent with the variou s development standards required by PC -9. Per 13-84
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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 proposed ele ctrical and generator building features a sloped roof design with parapet walls which is 22 feet high. The proposed odor control building features a flat roof design with parapet walls which is 15.5 feet high. All proposed buildings comply with the required height requirements of PC-9.
Per Section IV (A) (Development Standards – Setback Requirements), a minimum 10 - foot landscape buffer is required to be provided to the back of sidewalk, where the project provides a 10 -foot buffer only on a small portion o f the East Coast Highway frontage .
However, per Standard A.4.d of Section IV, encroachments may be permitted through a Site Development Review. While the proposed landscaping buffer does not fully meet the standard, landscape along East Coast Highway varies between approximately 9 feet and 6 feet in depth. Staff believes that this meets the intent of PC-9’s landscaping standards, 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 landscaping includes low -water, drought tolerant plants including a mixture of deer grass, slipper plant, foxtail agave, and red yucca plant types located at the East Coast Highway frontage. 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 (Figure 4, below).
Figure 4: Landscape Buffer and Building Elevation Along East Coast Highway Frontage
Section V (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 to fit with a coastal architectural theme of the future adjacent mixed-use village development, 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 13-85
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simple façade composition of a base and top separated by different colors. The design includes a variety of colors and finishes such as stone and s tucco to reduce the visual bulk and scale of the building façade. 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 (Figure 5, below).
Figure 5: Rendering of BBPS Electrical Room
While the proposed pump station is aesthetically pleasing as a standalone development, it has been designed per PC -9 design guidelines so that it would be visually compatible with the future Back Bay Landing mixed-use village. Per Section V.D.10, the pump station will be aesthetically improved with entire 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 designed to conceal the odor control facility and screening for on -site mechanical equipment from above. While the new pump station buildings are 22 and 15.5 feet high, taller and large r than the existing pump station buildings, it is not out of scale with the surrounding uses and /or future adjacent developments.
The overall layout of structures is efficiently arranged on a constrained lot and is designed to accommodate service vehicle access and maneuvering requirements. Currently, vehicular access to the existing pump station is through a curb cut on East Coast Highway, followed by gates that are opened for vehicles to 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 ac cess, OCSD proposes access through a permanent access easement taken through Bayside Drive and into the Back Bay Landing property at 100 Bayside Drive (Figure 6, below).
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Figure 6: Proposed Site Access Easements
The proposed project is not detrimental to the growth of the City, nor does it constitute as a hazard to the public. The existing pump station provides essential infrastructure to the surrounding community for waste management and has existed in this location for many decades. OCSD has aging infrastructure throughout the City and it is typical for utilities such as this pump station to be replaced and upgraded. The project improves an existing pump station, which serves the overall community as part of a lar ger wastewater collection system.
Unlike the existing pump station, the proposed pump station includes an odor control room that is included to mitigate potential odors from the Property. The odor control room includes treatment for both liquid and vapor phase waste. Additionally, the new pump station proposes 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 existing or future uses. As conditioned, the facility will need to comply with City noise standards.
OCSD has provided a Site Photometric Plan and L ighting 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 lighting is conditioned to comply with the outdoor lighting standards of the NBMC and will not negatively affect surrounding uses.
As conditioned, the Community Development Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 13-87
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Finally, the proposed upgrade of the aging pump station is necessary for the benefit of the City. If the pump station facility were to fail, sewage would build up in upstream sewers and could result in an overflow f rom 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.
Coastal Development Permit Findings
The BBPS property and the temporary construction staging site at Lower Castaways Park are both located within the coastal zone and require a coastal development permit. Per Section 21.52.015.F of the NBMC, the required findings t o approve a coastal development permit are as follows:
A. Conforms to all applicable sections of the certified Local Coastal Program.
B. 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.
Compliance with Local Coastal Program
As previously discussed, both the BBPS property and temporary staging area are consistent with their res pective CLUP land use categories and coastal zoning districts.
The proposed pump station building heights are 22 feet (sloped roof) for the Electrical and Generator Room and 15.5 feet (flat roof) for the Odor Control Area, where PC-9 limits development to a maximum height of 30 feet for flat roofs and 35 feet for sloped roofs.
The proposed pump station, while factoring in the future Back Bay Landing mixed -use village, comply with CLUP Policy 2.1.9.1, which limits the maximum non -residential floor area to 13 1,290 square feet per General Plan Land Use Plan Anomaly 80. With the addition of the proposed 7,244 -square-foot pump station, the total projected non - residential floor area of Anomaly 80 would be 101,289 square feet.
Coastal Hazards
A Coastal Hazards R eport and Sea Level Rise Analysis was prepared by Arcadis U.S., Inc. dated October 1, 2023 (Attachment No. PC 2) . The current maximum bay water elevation is 7.7 NAVD 88 (North American Vertical Datum of 1988 (NAVD 88) 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 , which is a projection for extreme sea-level rise. Since the pump station is considered critical infrastructure and has greater impacts than typical structures in case of failure, it is required to be analyzed under the H++ scenario. Since the life expectancy of the new pump station is approximately 50 years, the 6.6 -foot sea level rise (SLR) 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 NAVD 88 (7.7 + 6.6 feet NAVD 88). The finished floor elevation of the electrical 13-88
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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-foot sea 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, provid ing 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 sand bags can be deployed for openings during flooding situations. Finally, the Applicant is proposing to waterproof a portion of the Odor Control area’s bloc k walls to provide additional protection from flooding.
Force Main Upgrade
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 f orce 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.
Construction Staging Area and Management Plan
The project includes temporary construction staging at Lower Castaways Park, which is approximately 1,100 feet west of the BBPS property, and across the Bay Bridge. Lower Castaways Park is not identified as a Public Park by the CLUP. OCSD submitted a Construction Management Plan (CMP) prepared by Arcadis U.S., Inc., dated October 2023 (Attachment No. PC 3), which documents the construction phase implementation, construction requirements and quality control, and traffic control associated w ith 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 constru ction. 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 temporary construction staging does not alter access to the bay. OCSD is only using an approximate ly 18,000 -square-foot portion of the 4-acre park, which has been historically and consistently used for construction staging and off -site parking since the City acquired the property. The staging site is buffered and screened from adjacent rights- of-way by existing landscaping to remain. The portion of the park that is open and 13-89
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available for public parking and access will remain unaffected by the Project. The public access for small vessel launching into the bay is also proposed to be unaffected.
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 preliminarily reviewed by the City’s Public Works department and has been determined to be sufficient to minimize traffic impacts during the construction period. Further review of a final Traffic Control Plan is required by Condition of Approval No. 25 in the draft reso lution prior to the start of construction (Attachment No. PC 1).
Public Views
East Coast Highway and Bayside Drive (south of East Coast Highway) are identified as a Coastal View Roads by the CLUP. The BBPS property currently includes multiple pump station buildings, visible mechanical equipment, security block walls and vegetation which partially impair the view of the back bay. Additionally, the adjacent RV and boat storage parking lot includes many vehicles that also impair the view of the bay. The proposed reconstruction of the BBPS 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 (approximately 8 feet high) are proposed for security purposes but do not exceed the height of the proposed buildings. From East Coast Highway, the project does not significantly impair the existing view of the bay and maintains a view of the Back Bay bluff to the north (Figure 6, below).
Figure 6: Existing View (Above) and Proposed View (Below) with Northern Bluff Visible 13-90
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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 and marina, and Recreational Vehicle Storage are within immediate view, while a commercial shopping center and Promontory Point residences are located further east across East Coast Highway. Although the Project proposes to replace the existing pump station buildings with taller buildings, the views from Castaways Park are mostly unchanged. Views to parts of East Coast Highway may be impaired by the new structures, but the marina, commercial shopping center, and Promontory Point are not affected (Figure 5, below). 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. A public view impact analysis has been provided in Attachment No. PC 3.
Figure 5: View Simulation of Existing BBPS (Above) and Proposed BBPS (Below) from Castaways Park
Existing
BBPS
Proposed
BBPS
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Public Access
The BBPS p roperty does not currently provide nor inhibit public coastal access. The property is located in close proximity to future vertical and lateral access to the Back Bay, as designated by the CLUP , through the adjacent Back Bay Landing project site (once developed). The future lateral access is required to be a public bayfront promenade along the entire waterfront edge of the Back Bay Landing property connecting to other public access trails. Access to the bay remains available Back Bay Landing. The replacement of the existing pump station will not impact the future bayfront promenade and therefore, will not impact public access to local coastal resources.
The project also 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 (see Vicinity Map on Page 2, above). 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.
As previously discussed, the temporary construction staging at Lower Castaways Park only will occupy a portion of the park and will not affect existing public parking or access to the bay.
Environmental Review
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:
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;
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ii. Significant effects previously examined wil l 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.
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.
On April 1, 2021, Bayside Village Marina filed a Verified Petition for Writ of Mandate against the Applicant in Orange County Superior Court alleging that the EIR failed to comply with CEQA on numerous grounds (Orange County Superior Court Case No. 30- 2021-01194238.) On December 16, 2022, the Court issued a ruling that upheld the EIR in all respects except one. Thereafter, the Court issued a limited writ directing OC Sanitation District to sufficiently identify project construction staging areas.
In response to the Court ruling, OC Sanitation District has prepared an Addendum to the EIR for the Bay Bridge Pump Station and Force Mains Replacement Project (Addendum) which was certified by OC Sanitation District Board on July 23, 2023. Specifically, th e 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 activitie s and determines that 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 P ublic Resources Code and Section 15162 of the CEQA Guidelines.
A link to both the EIR and subsequent Addendum to the EIR are included in Attachment No. PC 5 to this Staff Report.
Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the affected sites (excluding intervening rights-of-way and waterways) including the applicant , and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the city website.
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Prepared by: Submitted by:
______________________
David Lee, Senior Planner
ATTACHMENTS
PC 1 Draft Resolution with Findings and Conditions
PC 2 Coastal Hazards Report
PC 3 Public View Analysis
PC 4 Construction Management Plan
PC 5 Environmental Impact Report and Subsequent Addendum PC 6 Applicant’s Project Description
PC 7 Project Plans
01/18/23
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