April 23, 2024
Agenda Item No. 13
TO:
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:
Seimone Jurjis, Assistant City Manager/Community Development Director - 949-644-3232, [email protected] PREPARED BY:
David Lee, Senior Planner - 949-644-3225, [email protected] TITLE:
Resolution No. 2024-28: Appeal of Planning Commission’s Approval of the Orange County Sanitation District’s Bay Bridge Pump Station and Force Mains Replacement Project at 250 East Coast Highway (PA2023-0076) ABSTRACT:
For the City Council’s consideration is an appeal of the Planning Commission’s January 18, 2024, decision to approve a major site development review and coastal development permit to allow the demolition of an existing pump station and construction of a new, larger pump station and associated force mains for the Orange County Sanitation District’s Bay Bridge Pump Station at 250 East Coast Highway.
RECOMMENDATIONS:
a) Conduct a de novo public hearing:
b) Find this project complies with the California Environmental Quality Act as it is consistent with the certified Environmental Impact Report (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 c) Adopt Resolution No. 2024-28, A Resolution of the City Council of the City of Newport Beach, California, Denying an Appeal and Upholding the Decision of the Planning Commission to Approve a Major Site Development Review and Coastal Development Permit to Demolish an Existing Pump Station and Construct a New Pump Station and Associated Force Mains at the Property Located at 250 East Coast Highway (PA2022-0076).
DISCUSSION:
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 future mixed-use waterfront village in accordance with Back Bay Landing Planned Community Development Plan (PC-9).
Additional surrounding uses include the Bayside 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 (Pump Station), which was constructed in 1966 and is operated by the Orange County Sanitation District (OCSD) (Figure 1). The existing Pump Station 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 Pump Station also includes force mains which tunnel under the bay to the western side of the Bay Bridge into an existing vault that straddles the public right-of-way and private property. The station pumps wastewater flow generated by residents and businesses east of Newport Bay, including Balboa Island and Crystal Cove, and ultimately to a wastewater treatment facility located in Huntington Beach. OCSD has aging infrastructure throughout Newport Beach and frequently undertakes projects to repair or replace sewer main lines, pump stations, and other equipment.
The proposed project includes a temporary construction staging area at Lower Castaways Park at 1100 Dover Drive. Lower Castaways is a City of Newport Beach 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 the launching of vehicles, but it is also utilized for temporary construction staging and parking to accommodate public works and/or large construction projects.
Figure 1: Existing Bay Bridge Pump Station
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PC-9 was amended by the City Council on Amended 26, 2016 through Ordinance No. 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.
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 expanding 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 Pump Station, OCSD requests a major site development review and coastal development permit for the following:
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); Odor ControlOdor ControlGenerator RoomGenerator RoomElectrical RoomElectrical Room Odor Control
Odor Control
Generator Room
Generator Room
Electrical Room
Electrical Room
Figure 2: Proposed Pump Station Site Uses (above)
and Rendering from East Coast Highway (below)
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); and Figure 3: Location of Proposed Force Mains in Red
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 OCSD to temporarily locate office trailers, stage and store construction equipment and materials, and provide vehicle parking.
The project is subject to review and permitting approval by numerous agencies including OCSD, Caltrans, California Coastal Commission (CCC), California State Lands Commission, 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 jurisdiction, 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. Project plans are provided in Attachment M.
The draft resolution, which addresses all required findings, is included as Attachment A. Additionally, the January 18, 2024, Planning Commission staff report has been included in Attachment D. The report includes a detailed analysis of all applicable project components.
January 18, 2024, Planning Commission Hearing
On January 18, 2024, the Planning Commission held a public hearing to consider the project. During the hearing, the Planning Commission discussed the design of the new facility, status of the eminent domain case, and the Environmental Impact Report. The applicant also provided a presentation and provided details of the project followed by questions from the commissioners. Two members of the public, representing the adjacent property owner Bayside Village Marina LLC (BVM), spoke in opposition of the project. The representatives argued that the project is not consistent with the Back Bay Landing Planned Community Development Plan and asked the Commission to require the applicant to redesign the project appropriately. Two additional members of the public also spoke on the project, including one from the mobile home park who expressed concerns regarding truck traffic to the site. Based on direction from the Planning Commission, the applicant agreed to an additional condition of approval that would require potential alterations to the exterior façade for consistency and compatibility with the architecture of the future Back Bay Landing mixed-use project.
After considering all public comments and findings, both written and oral, the Planning Commission voted to approve Resolution No. PC2024-002 (Attachment C) by a vote of 4-2-1. The meeting minutes are included as Attachment E.
Appeal of the Planning Commission Decision and Staff’s Response On January 31, 2024, John Erskine, representing BVM, owners of the Bayside Village Marina and related recreational marine commercial uses at 300 East Coast Highway (ECH and Bayside), as well as the Bayside Village Marina Mobile Home Park, and developers of the Back Bay Landing project proposed for the adjacent property, filed an appeal of the Planning Commission’s decision. The appeal letter (Attachment F) includes the following reasons:
Contrary to the Planning Commission's January 18, 2024, discussion, and based on misleading and unsupported testimony from OCSD, the eminent domain process does not prevent the City Council from assessing all of the impacts of the OCSD project and rejecting it or selecting an alternative location.
The expanded Pump Station is too massive, too tall, and is an unnecessary industrial-type facility that can easily be located in a less conspicuous site elsewhere on BVM’s property (e.g., immediately adjacent to and on either side of and partly underneath the East Coast Highway Bridge).
The Pump Station expansion, as proposed, will triple its current size (4,800 sf to 14,500 sf), and as stated by prior commenters on the three prior versions of the Bay Bridge Pump Station EIR, is inconsistent with the City’s and Coastal Commission’s unanimously approved Coastal Land Use Plan, the Back Bay Landing Planned Community Development Plan (PC-9) and key provisions of the California Coastal Act.
The Pump Station expansion does not protect LCP-mandated coastal view corridors from Coast Highway toward Upper Newport Bay and Castaway’s Bluffs, and is not in compliance with the City’s General Plan scenic highway policies, and does not comply with the requirements or the intent of the PC-9 Architectural Provisions (Section 10, page 26 of PC-9), that the pump station essentially be camouflaged, and incorporated within the overall Back Bay Landing mixed-use development.
Staff and the applicant failed to adequately address or explain why the alternate site south of the Bay Bridge and East Coast Highway - .62 acres owned by BVM – is not superior to the expanded site north of East Coast Highway. This southern alternative avoids numerous operational and aesthetic issues, and poses far less construction risks, including minimizing sub-surface micro tunneling (boring of a 6- to 7-foot-wide tunnel) beneath East Coast Highway.
Contrary to Planning staff’s assertions (page 9) in the January 18, 2024, Planning Commission staff report, the proposed expanded, 22-foot-high pump station is neither “aesthetically pleasing as a stand-alone development,” appropriate for this central Newport Harbor coastal location, or visually/architecturally compatible with the PC-9.
The recirculated EIR, and subsequent evidence obtained in depositions in the pending Eminent Domain case (OCSD v. BVM, case no. 30-2022-01251890-CU-EI-CXC) of four different Bay Bridge Pump Station project managers, indicates that this massively disruptive OCSD project will be under construction, with upwards of 1,200 truck trips on Coast Highway, Bayside Drive and Dover Drive per year for 4-5 years+. There is no need for the City to rush the approvals of this ill-advised, risky and poorly management project while the City Council works with OCSD and BVM to identify an alternative location and design of the project.
Staff has prepared detailed responses to each reason for the appeal in Attachment G.
Staff believes that the findings previously made by the Planning Commission are valid, and has conducted a thorough evaluation of the project, including the proposed location, size and aesthetic design of the new Pump Station. The requirements of the Coastal Land Use Plan and PC-9 have been evaluated, including the requirements for public view corridors through the site. According to OCSD, the existing Pump Station has less than five years of useful life and needs to be replaced for improved operation and protection against potential sewage spills.
Regarding concerns with the proposed architectural design, it is important to note that at the time PC-9 was adopted by the City Council and certified by the California Coastal Commission, it was assumed the Pump Station reconstruction would likely occur after the development of the Back Bay Landing mixed-use project.
The fact that the Pump Station is now proposed to be reconstructed first and there is not currently a proposed or approved Back Bay Landing mixed-use project to compare the proposed architecture of the Pump Station to only complicates matters. Furthermore, PC-9 does not mandate a particular architectural style, but it merely stipulates that development be designed with a “coastal architectural theme with the intent that no particular historically specific or rigid architectural style be selected for the project.” The proposed Pump Station design incorporates 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. To resolve the concern about the Pump Station design’s potential inconsistency with the future and undetermined design of the Back Bay Landing mixed-use project, Condition No. 31 of the draft resolution requires that the applicant make future alterations to the exterior façade to the satisfaction of the Community Development director for consistency and compatibility with the architecture of a future approved Back Bay Landing mixed-use project.
Applicant’s Response to Appeal
To assist the City Council with its discussion, the applicant has prepared a letter (Attachment H) that thoroughly responds to the appellant’s letter. The letter responds to appellant’s remarks regarding the EIR, the eminent domain matter and to the seven items listed in the appellant’s letter of appeal. The applicant’s letter discusses the court’s ruling that denied all the challenges brought by the appellant except for a minor issue concerning the location of construction staging areas. The letter mentions that on December 16, 2022, the court ruled that OCSD may continue to pursue and secure the necessary permits from the City and the CCC because the issue concerning the location of the construction staging area could be readily correctable. The response letter also discusses the eminent domain lawsuit and mentions that the only issue still under discussion is the amount of just compensation and not the matter of the actual eminent domain. Additionally, the applicant has provided a subsequent letter addressing trucks and vehicles that will be using the proposed access easement to enter the Pump Station (Attachment L).
FISCAL IMPACT:
There is no fiscal impact related to this item.
ENVIRONMENTAL REVIEW:
In February of 2021, the applicant, as the Lead Agency under the California Environmental Quality Act (CEQA), 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 (the appellant) 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 (not having identified project construction staging area). Thereafter, the Court issued a limited writ directing OCSD to sufficiently identify project construction staging areas.
Pursuant to Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, when an 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:
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; 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 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:
The project will have one or more significant effects not discussed in the previous EIR; Significant effects previously examined will be substantially more severe than shown in the previous EIR; 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 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.
Pursuant to Section 15164 of the CEQA Guidelines, the lead agency shall prepare an Addendum to a previously certified EIR if some changes or additions are necessary but one of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred.
In response to the court ruling, OCSD prepared an Addendum to the EIR for the Bay Bridge Pump Station and Force Mains Replacement Project (Addendum) which was certified by the OCSD 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 OCSD’s Plant No. 2, located in Huntington Beach, for soil storage/drying activities and determined 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 Public 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 B to this staff report.
NOTICING:
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 appellant, 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. Furthermore, the agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A – Resolution No. 2024-28
Attachment B – Environmental Impact Report and Subsequent Addendum Attachment C – Planning Commission Resolution No. PC2024-002 Attachment D – Planning Commission Staff Report from January 18, 2024 Attachment E – Planning Commission Meeting Minutes from January 18, 2024 Attachment F – Appellant’s Appeal Application dated January 31, 2024 Attachment G – Staff Response to Appellant Letter
Attachment H – Applicant’s Response to Appellant’s Appeal dated February 14, 2024 Attachment I – Coastal Hazards Report
Attachment J – Public View Analysis
Attachment K – Applicant’s Project Description
Attachment L – Applicant’s Letter Regarding Vehicle Access dated March 22, 2024 Attachment M – Project Plans
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Resolution No. 2024-28: Appeal of Planning Commission’s Approval of the Orange County Sanitation District’s Bay Bridge Pump Station and Force Mains Replacement Project at 250 East Coast Highway (PA2023-0076) April 23, 2024
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