HomeMy WebLinkAbout21 - EQAC Comments on Draft EIR for Crystal Cove�Ew'Oar
CITY OF NEWPORT BEACH
COMMUNITY AND ECONOMIC
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DEVELOPMENT
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PLANNING DEPARTMENT
3300 NEWPORT BOULEVARD
NEWPORT BEACH, CA 92658
(714) 644 -3200; FAX (714) 644 -3250
Hearing Date:
Agenda Item
No.:
Staff Person:
REPORT TO THE MAYOR AND CITY COUNCIL
May 22, 2001
21
Sharon Z. Wood
(949) 644 -3222
SUBJECT: Environmental Quality Affairs Committee (EQAC) Comments on
Draft Environmental Impact Report for Crystal Cove Historic
District Investigations & Interim Protection Plan
SUGGESTED
ACTION: Authorize EQAC to transmit comments to the State Department of
Parks & Recreation
The existing City Council Resolution establishing EQAC provides that it is to review EIRs
prepared by other public agencies on projects that are likely to have an impact on Newport
Beach. The Resolution is not clear as to whether EQAC's comments must be approved by the
City Council, and the Council has indicated its desire to review EQAC's duties. Until this issue
is resolved, EQAC's chairman and staff believe that the Council should review EQAC's
comments before they are transmitted to other agencies.
A draft EIR for the Crystal Cove Historic District Investigations & Interim Protection Plan was
released by the State Department of Parks & Recreation on April 25, 2001. The public review
period ends on June 11, 2001. EQAC appointed a subcommittee who is reviewing the DEIR,
and the full Committee will finalize comments at their meeting on May 21. The Committee's
comments will be distributed to the City Council prior to the City Council meeting on May 22 "1
SHARON Z. WOOD
Assistant City Manager
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CNB /PLANNING
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RECEIVED
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MAY 22'01 10:58 No.005 P.02
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PRINKI��
A N D U M
To: T e) rable Mayor Oarold Adams and Members of the City Council:
OFFICE OF THE Cl,Iewport Beach
CITY OF NEWPOK
From. Environmental Quality Affairs Citizens Advisory Committee
City of Newport Beach
Subject: Crystal Cove Historic District Investigations & Interim Protection Plan Draft
Environmental Impact Report (Sch. No. 2 0 0 1 03 1 0111)
Date: May 22 2001
Thank you for the opportunity 4t oertimcnt on the captioned Project and the Draft
Unvironmenlal impact Report ( "DEIR ") of the Stato of California, Department of Parks and
Recreation's (the "Department ") . As you know, the responsibilities of Environmental Quality
Affairs Citizens Advisory Committee (" HQAC" or the "Committee ") include commenting on
environmental documents and on projects which may affecet the City and its residents. In
addition to our comments below, we incorporate our earlier comments to the Notice of
Preparation ( "NOP ").
Paragraph 1.4 sets forth the Hein for the Project. Throughout Section 1, the
DeparWtcut recognizes its rights and obligations in connection with the Crystal Cove I lisloric
District: the Departmcul owes the District and is under various regulatory orders and mandates
including the Santa Ana Regional Quality Control Board's recent Cease and DeAst Order to
climiuralc possible wastewater discharges into the Pacific Ocean.
However. each of the items noted in Paragraph 1.4 represent simply the
obligations of a property owner. These obligations do not automatically convert to a statement of
project need uruler the California Environmental Quality Act, Public Resources Code sections
21000 et seq. The Department appears to maintain the RWQCH's cease and desist order is a
mini - project which when considered with the other mini- prbimis trigger a CFQA analysis.
Finally, to the extent that the DFJR addresses the current leasehold and its
expiration. we believe that again this right is simply a right which stems from the lease. We
endorse the exercise of this contractual right but wonder whether such an Issue alone is
appropriate for an environmental document.
As indicated ahnvc, the City has already commented on the NOP for the Project.
We reiterate those comments here. In addition. we request that the Department keep us informed
in connection with the approval of the DEIR and the final EIR, Further, we hereby request that,
upon preparation of the DEIR for Preservation and Public lire Plan, the Department include the
City of Newport Reach in connection with that ultimate Project.
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