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HomeMy WebLinkAbout14 - Big Canyon Golf CourseCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No.—Iq-- January 27, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Russell Bunim, Assistant Planner 949 - 644 -3233, rbunim @city.newport- beach.ca.us SUBJECT: A General Plan Amendment, Planned Community Development Plan Amendment, and Parcel Map to allow the development of a new, single - family dwelling on a portion of the Big Canyon golf course. The General Plan Amendment would change the land use category from Parks and Recreation (PR) to Single -Unit Residential Detached (RS -D). The Planned Community Development Plan Amendment would amend the Big Canyon Planned Community to change the land use designation from "Golf Course" to "Low Density Residential." (PA2007 -210) ISSUE Should the City Council approve, modify, or disapprove General Plan Amendment No. GP2007 -008, Planned Community Development Plan Amendment No. PD2007 -005, and Parcel Map No. NP2007 -029? RECOMMENDATION: 1) Conduct a public hearing; and 2) Adopt Mitigated Negative Declaration No. ND2008 -003; and 3) Adopt resolution with findings approving General Plan Amendment No. GP2007- 008 and Parcel Map No. NP2007 -029 (Attachment No. 1); and 4) Introduce ordinance approving Planned Community Development Plan Amendment No. PD2007 -005 and pass to second reading for adoption on February 10, 2009 (Attachment No. 2). • • i' -I Big Canyon January 27, 2008 Page 2 VICINITY MAP r +j 115 ',+M =' •�5 tr�P Project • *.♦ n •. r �+�"1' Site o s [ r jam`. 1 � .� �T rM����p� f�.• [ -�� � ��iY .. q ` •� it " qt \ ♦- ✓a[ .� , � j I GENERAL PLAN ZONING BtOu� ROVE 1 / � '.`'(•lY t / ¢ -44 1 4*// / //y/ 3R .. LOCATION GENERAL PLAN ZONING CURRENT USE ON-SITE Parks and Recreation PR Golf Course — Big Canyon Planned Community PC -8 Golf Course NORTH PR Golf Course PC -8 Golf Course SOUTH Single Unit Residential — Detached RS -D Low Density Residential PC -8 Detached housing EAST Single Unit Residential — Attached RS -A Medium Density Residential PC -8 Attached housing WEST RS -D Medium Density Residential PC -8 Detached housing Big Canyon January 27, 2009 Page 3 INTRODUCTION: Project Setting The project site is located within the Big Canyon Planned Community (BCPC) which is surrounded by four arterial streets: Jamboree Road, Ford Road, MacArthur Boulevard, and San Joaquin Hills Road. The project site is located on the north side of Big Canyon Drive, between Rue Biarritz and Rue Villars. Proiect Description A General Plan Amendment (GPA) is required to change the land use category in the Land Use Element. The GPA does not modify the Land Use Element text; however, the GPA would be documented by depicting the new parcel on Land Use Element maps and changing the land use category from "Parks and Recreation" to "Single Unit Residential — Detached" (Attachment No. 1, Exhibit C). A Parcel Map is required to subdivide the 1.9 -acre project site from the golf course lot and requires City approval (Attachment No. 1, Exhibit D). A Planned Community Development Plan Amendment ( PCDPA) is required to allow the additional dwelling unit and the land use change. The PCDPA would be documented by changing the project site's land use designation on the BCPC land use map from "Golf Course" to "Low Density Residential" and modifying the statistical analysis of the BCPC to include one additional dwelling unit and 1.9 lot acreage (Attachment No. 2, Exhibit A). The 1.9 acres is not part of the current golf course. DISCUSSION: Analysis Planning Commission Action On December 4, 2008, the Planning Commission voted (5 ayes and 2 absent) to recommend approval of the proposed project to the City Council. Because the applicant did not submit plans for the dwelling to be constructed on the proposed residential site, the Planning Commission wanted nearby residents to be informed when dwelling plans are provided with an opportunity to comment on the project. Three conditions of approval to be imposed by a deed restriction requirement on the parcel map were included: • A minimum of six off - street parking spaces on site • A vehicular turn - around on site • Design review requirement with the following options: Big Canyon January 27, 2009 Page 4 a) Annexation into a Home Owners Association (HOA) in Big Canyon Planned Community whereby the HOA would require design review in accordance with their architectural guidelines; or b) If the property is not annexed into an HOA, employ an HOA to review the proposed project in accordance with their architectural guidelines; or c) Site Plan Review in accordance Chapter 20.92 of the Zoning Code. The Planning Commission found the project to be consistent with General Plan policies and Planned Community development standards (Attachment No. 3, Planning Commission Resolution, Pages 1 -2 of 13). Furthermore, the Planning Commission made the findings required in Title 19 of the Municipal Code (Subsection 19.12.070) for tentative parcel map approval (Attachment No. 3, Planning Commission Resolution, Pages 2 -5 of 13). The Planning Commission staff report and minutes are included in Attachment No. 3. Alternative The applicant requested that the three conditions of approval required by the Planning Commission be included as development standards in the Big Canyon Planned Community text rather than as a deed restriction requirement on the parcel map (Letter from applicant requesting alternative — Attachment 4). The Planned Community text would require Site Plan Review in accordance with 20.92 of the Zoning Code prior to issuance of building permits unless the property is annexed into an HOA within the Big Canyon Planned Community and the project is approved by the HOA's architectural design committee. Staff supports this alternative as it meets the intent of the Planning Commission for public review and comment before building permits are issued. The draft Ordinance includes the three conditions as development standards in the Big Canyon Planned Community text (Attachment No. 2, Exhibit A). Council Policies Council Policy K -1 Pursuant to Council Policy K -1 (CPK -1), property owners may apply for an amendment to the General Plan. CPK -1 requires the application to include a conceptual site plan and provide the reason for the amendment. A conceptual site plan is included as Attachment No. 5 and the stated reason provided by the applicant for the GPA request is for the development of one single - family dwelling. Council Policy A -18 — Charter Section 423 (Measure S) Council Policy A -18 requires that proposed General Plan Amendments be reviewed to determine if a vote of the electorate would be required. If a General Plan Amendment Big Canyon January 27, 2009 Page 5 (separately or cumulatively with other projects over a 10 -year span) generates more than 100 peak hour trips, 40,000 square feet of non - residential floor area or exceeds 100 dwelling units in a statistical area beyond what is allowed in the General Plan, a vote of the electorate would be required if the City Council approves the General Plan Amendment. This is the first GPA in, Statistical Area L2 since the General Plan update in 2006. One additional dwelling unit results in an increase of 0.75 AM peak hour trips and 1.01 PM peak hour trips based on the Single - Family Detached Housing trip rates reflected in Council Policy A -18. Therefore, none of the three thresholds to require a vote pursuant to Charter Section 423 is exceeded. Environmental Review Prior to taking action on the requested General Plan Amendment, Planned Community Development Plan, and Parcel Map, the City Council must first review, consider, and adopt Mitigated Negative Declaration No. ND2008 -003 (MND) (Attachment No. 1, Exhibit A) and the Mitigation Monitoring Report Program (Attachment No. 1, Exhibit B). The MND was completed and circulated for a mandatory 20 -day public- review period that began on November 7, 2008 and concluded on December 1, 2008. Attachment No. 6 contains the MND and comments staff received on the MND. 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 site, all of the property owners in the Big Canyon Planned Community, the applicant, and posted on the subject property at least 10 days prior to this hearing consistent with the provisions of the Municipal Code. Additionally, the item was shown on the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: R ssell Bunim, Assistant Planner Submitted by: avi (oLepo, Planning 11irector Attachments: 1) Draft City Council Resolution 2) Draft City Council Ordinance 3) Planning Commission resolution, staff report, and minutes 4) Letter from applicant requesting the alternative 5) Conceptual Site Plan (Required by Council Policy K -1) ATTACHMENT 1 Draft City Council Resolution 0 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING MITIGATED NEGATIVE DECLARATION NO. ND2008 -003, APPROVING GENERAL PLAN AMENDMENT NO. GP2007 -008 AND APPROVING TENTATIVE PARCEL MAP NO. NP2007 -029 (PA2008 -210). WHEREAS, an application was filed for a General Plan Amendment, Planned Community Development Plan Amendment, and Parcel Map by the Big Canyon Country Club, with respect to a 1.9 -acre property located on the north side of Big Canyon Drive, between Rue Biarritz and Rue Villars; and WHEREAS, the project includes a General Plan Amendment, Planned Community Development Plan Amendment, and Parcel Map to allow the development of a new, single - family dwelling on a portion of the Big Canyon golf course. The General Plan Amendment would change the land use category from 'Parks and Recreation" (PR) to "Single Unit Residential — Detached" (RS -D). The Planned Community Development Plan Amendment would amend the Big Canyon Planned Community Development Plan to change the land use designation from "Golf Course" to "Low Density Residential"; and WHEREAS, on December 4, 2008, the Planning Commission conducted a public hearing in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting; and WHEREAS, at the December 4, 2008, hearing, the Planning Commission received public comments and voted (5 ayes and 2 absent) to recommend approval of the proposed General Plan Amendment, Planned Community Development Plan Amendment, and Parcel Map; and WHEREAS, a public hearing was held by the Newport Beach City Council on January 27, 2009, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place, and purpose of the meeting was given in accordance with the Municipal Code and State Law. Evidence, both written and oral, was presented to and considered by the City Council at this meeting; and WHEREAS, amendments to the General Plan and Planned Community Development Plan are legislative acts. Neither the City nor State Planning Law set forth any required findings for either approval or denial of such amendments; and WHEREAS, Land Use Policy LU 4.2 of the Land Use Element prohibits new residential subdivisions that would result in additional dwelling units unless authorized by an amendment of the General Plan. The proposed General Plan Amendment would authorize one additional dwelling unit; and WHEREAS, Council Policy A -18 requires that proposed General Plan Amendments be reviewed to determine if a vote of the electorate would be required. If a project (separately or cumulatively with other projects over a 10 -year span) generates more than 100 peak hour trips, 40,000 square feet of non - residential floor area or exceeds 100 dwelling units in a statistical area, a vote of the electorate would be required if the City Council approves the suggested General Plan Amendment; and WHEREAS, this is the first GPA in Statistical Area L2 since the General Plan update in 2006. One additional dwelling unit results in an increase of 0.75 AM peak hour trips and 1.01 PM peak hour trips based on the Single - Family Detached Housing trip rates reflected in Council Policy A -18 and as none of the three thresholds to require a vote pursuant to Charter Section 423 is exceeded, no vote of the electorate is required; and WHEREAS, the project is located within the Big Canyon Planned Community where public services and infrastructure are available to serve the additional dwelling unit to be created by this proposed subdivision. All applicable improvements required by Section 19.28 (Subdivision Improvements) of the Subdivision Code are to be satisfied by the applicant; and WHEREAS, Pursuant to Section 19.12.070 of the City Subdivision Code, certain findings and facts in support of such findings shall be made for approval of a Tentative Parcel Map. Such findings and facts to support such findings are as follows: 1. That the proposed map and the design or improvements of the subdivision are consistent with the General Plan and any applicable specific plan, and with applicable provisions of the Subdivision Map Act and this Subdivision Code. The proposed amendments will bring the parcels into consistency with the General Plan and the Big Canyon Planned Community. Standard conditions of approval have been included to ensure compliance with Subdivision Map Act and Subdivision Code. 2. That the site is physically suitable for the type and density of development. The proposed 1.9 -acre (approximately 82,764 square feet) project site is physically large enough to accommodate one single - family dwelling as the minimum parcel size is 8,000 square feet (approximately. 18 of an acre). Vehicular access to the parcel will be from Big Canyon Drive. 3. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat. However, notwithstanding the foregoing, the decision - making body may nevertheless approve such a subdivision if an environmental impact report was prepared for the project and a finding was made V pursuant to Section 21081 of the California Environmental Quality Act that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report. A Mitigated Negative Declaration has been prepared and mitigation measures have been provided that will reduce the potential significant impacts to less than significant. Therefore, the proposed project would not cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat. 4. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. The development of the parcel for residential use is not expected to cause serious public health problems given the use of typical construction materials and practices as noted in the Mitigated Negative Declaration for this project. No evidence was identified that would indicate that the proposed subdivision will generate any serious public health problems. The parcel has been designed in compliance with all applicable subdivision standards of Title 19 and any future proposed residence will be required to comply with Low Density Residential development standards of the Big Canyon Planned Community, insuring the provision of adequate light, air, privacy, and open space for the dwelling unit, and insuring design compatibility with the surrounding neighborhood. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the decision - making body may approve a map if it finds that alternate easements, for access or for use, will be provided and that these easements will be substantially equivalent to ones previously acquired by the public. This finding shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to the City Council to determine that the public at large has acquired easements for access through or use of property within a subdivision. The project site contains two easements that will remain in place. A condition of approval is included that prohibits permanent structures within the limits of the easements on site. 6. That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act, if the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (Williamson Act), the resulting parcels following a subdivision of the land would not be too small to sustain their agricultural use or the subdivision will result in residential development incidental to the commercial agricultural use of the land. The project site is not currently zoned or used for agriculture purposes and does not fall under a Williamson Act contract. 0 7. That, in the case of a "land project" as defined in Section 11000.5 of the California Business and Professions Code: (a) there is an adopted specific plan for the area to be included within the land project; and (b) the decision - making body finds that the proposed land project is consistent with the specific plan for the area. The subject property is not located within the boundaries of a specific plan; therefore, this finding does not apply. 8. That solar access and passive heating and cooling design requirements have been satisfied in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map Act. Title 24 of the Uniform Building Code requires new construction to meet minimum heating and cooling efficiency standards depending on location and climate. The Newport Beach Building Department will enforce Title 24 compliance through the plan check and field inspection processes for the construction of any future proposed residence. 9. That the subdivision is consistent with Section 66412.3 of the Subdivision Map Act and Section 65584 of the California Government Code regarding the City's share of the regional housing need and that it balances the housing needs of the region against the public service needs of the City's residents and available fiscal and environmental resources. The proposed subdivision facilitates the creation of one, new residential dwelling that will be added to the City's housing stock and furthers the City's goal of meeting its housing needs as identified in the Regional Housing Needs Assessment. The addition of one unit will not cause an undue strain on public services. 10.That the discharge of waste from the proposed subdivision into the existing sewer system will not result in a violation of existing requirements prescribed by the Regional Water Quality Control Board. Discharge into the existing sewer system will be consistent with the existing residential use of the surrounding properties and does not violate Regional Water Quality Control Board (RWQCB) requirements. Additionally, sewer connections have been conditioned to be installed per City Standards, the applicable provisions of Chapter 14.24 (Sewer Connection, Permits), and the latest revision of the Uniform Plumbing Code. 11.For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision conforms with the certified Local Coastal Program and, where applicable, with public access and recreation policies of Chapter 3 of the Coastal Act. W The subject property is not located within the boundaries of a Coastal Zone; therefore, this finding does not apply. WHEREAS, based upon the analysis of the Initial Study, the environmental factors identified to have either no impact or less than significant impact were: Aesthetics, Agricultural Resources, Air Quality, Geology and Soil, Hazards and Hazardous Materials, Hydrology and Water Quality, Land Use Planning, Mineral Resources, Noise, Population and Housing, Public Services, Recreation, and Utilities and Service Systems; and WHEREAS, based upon the analysis of the Initial Study, the environmental factors identified as potentially significant impacts were: Biological Resources, Cultural Resources, and Transportation and Traffic. Specific mitigation measures have been included to reduce the potentially significant adverse effects to a less than significant level; and WHEREAS, a Mitigated Negative Declaration was completed and circulated for a mandatory 20 -day public - review period that began on November 7, 2008, and concluded on December 1, 2008. Comments on the Mitigated Negative Declaration were considered by the Planning Commission at a December 4, 2008, public hearing; and WHEREAS, a Mitigation Monitoring Report Program was completed to implement all mitigation measures required by the Mitigated Negative Declaration, and WHEREAS, the City Council 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; and NOW, THEREFORE, BE IT RESOLVED: Section 1. The City Council of the City of Newport Beach adopts Mitigated Negative Declaration No. ND2008 -003 as depicted in Exhibit "A" and Mitigation Monitoring Report Program as depicted in Exhibit "B" of this resolution. Section 2. The City Council of the City of Newport Beach approves General Plan Amendment No. GP2007 -008 as depicted in Exhibit "C ". Section 3. The City Council of the City of Newport Beach approves Tentative Parcel Map No. NP2008 -111, subject to Conditions of Approval as depicted in Exhibit "D" PASSED, APPROVED AND ADOPTED THIS 27" DAY OF JANUARY, 2009. AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT, COUNCIL MEMBERS ATTEST: CITY CLERK MAYOR ►a Exhibit "A" Mitigated Negative Declaration (Attached separately) EXHIBIT - A 0 NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION NOTICE IS HEREBY GIVEN that the City of Newport Beach is considering a recommendation that the proposed project described herein will have no significant impact on the environment in compliance with Canyon General Plan Amendment and Subdivision Description of Proposed Project: The City of Newport Beach has completed an Initial Study and Mitigated Negative Declaration for the Big, Canyon General Plan Amendment and Subdivision project. The property consists of a graded pad surrounded by disturbed areas of vegetation primarily with native and non -native ruderal species and a steep slope to the east vegetated primarily with native scrub species. Surrounding the property are single - family detached dwellings at the south and east, and single - family attached dwellings to the west. The golf course is contiguous to the site at the north with more single - family detached dwellings beyond. The applicant is proposing to subdivide a 1.9 -acre parcel for the development of one single - family dwelling, which requires the approval of a three -part application: 1) A Parcel Map to subdivide a 1.9 acre portion of the golf course into a legal lot; 2) General Plan amendment to create a new lot on the General Plan Land Use Map and change the land use designation from "Parks and Recreation" to "Single Unit Residential — Detached "; and 3) amend the Big Canyon Planned Community (PC) to change the land use designation from "Golf Course" to "Low Densitv Residential" and modifv the aooroariate text and PC Land Use Map. Date of Issue: November 7, Review Anyone wishing to comment on the proposed Mitigated Negative Declaration should provide their written comments to the City of Newport Beach, P.O. Box 1768, Newport Beach, CA 92658; attention Russell Bunim, Assistant Planner, by December 1, 2008 (20 -day comment period). This notice is required to be filed with the County Clerk's Office for a period of not less than twenty (20) A copy of the Initial Study and all documents referenced in the Initial Study are available for public review at Newport Beach City Hall between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, and during normal business hours at the other following locations: City of Newport Beach, Planning Department Newport Beach Public Library, Mariners Branca 3300 Newport Boulevard 1300 Irvine Avenue Newport Beach CA 92663 Newport Beach, CA 92660 Newport Beach Public Library, Central Library Newport Beach Public Library, Balboa Branch 1000 Avocado Avenue 100 East Balboa Boulevard Newport Beach, CA 92660 Newport Beach, CA 92660 Newport Beach Public Library, Corona del Mar 420 Marigold Avenue Corona del Mar, CA 92625 Date, Time and Location of Public Meeting, if any: Tentatively scheduled: December 4, 2008, at 6:30 p.m. at the City of Newport Beach Council Chambers. Please contact the City of Newport Beach Planning Department at 949- 644 -3233. _ Contact Person: Russell Bunim, Assistant planner Planning Department 3300 Newport Boulevard Newport Beach CA 92663 (949) 644 -3236 CITY OF NEWPORT BEACH ENVIRONMENTAL CHECKLIST FORM 1. Project Title: 2. Lead Agency Name and Address: 3. Contact Person and Phone Number: 4. Project Location: 5. Project Sponsor's Name and Address: 6. General Plan Designation: 7. Zoning: 8. Description of Project: Big Canyon Subdivision City of Newport Beach Planning Department 3300 Newport Boulevard, Newport Beach, CA 92658 -8915 Russell Bunim, Planning Department (949) 644 -3210 1 Big Canyon Drive Newport Beach, CA Big Canyon Country Club Parks and Recreation to Residential Big Canyon Planned Community The City of Newport Beach has completed an Initial Study and Mitigated Negative Declaration for the Big Canyon subdivision and single - family dwelling project. The property consists of a graded pad surrounded by disturbed areas of vegetation primarily with native and non - native ruderal species and a steep slope to the east vegetated primarily with native scrub species. Surrounding the property are single - family detached dwellings to the south and east, and single - family attached dwellings to the west. The golf course is contiguous to the site at the north with more single - family detached dwellings beyond. The applicant is proposing to subdivide a 1.9 acre parcel for the development of one single - family dwelling which requires the approval of a three -part application: 1) A Parcel Map to subdivide a 1.9 acre portion of the golf course into a legal lot, 2) General Plan amendment to create a new lot on the General Plan Land Use Map and change the land use from "Parks and Recreation' to "Single Unit Residential — Detached ", and 3) Amend the Big Canyon Planned Community (PC) to change the land use from "Golf Course" to "Low Density Residential" and modify the appropriate text and PC Land Use Map. 9. Surrounding Land Uses: Current Development: Golf course To the north: Golf course with single-family detached dwellings beyond To the east: Single-family detached dwellings To the south: Big Canyon Drive with single-family detached dwellings Td the west: Single-family attached dwellings CHECKLIST Page 1 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ❑ Land Use Planning ❑ Population & Housing ❑ Geological Problems ❑ Water ❑ Air Quality • Transportation/ • Circulation • Biological Resources ❑ Energy & Mineral • Resources • Hazards • Noise ❑ Mandatory Findings of Significance DETERMINATION: On the basis of this initial evaluation: • Public Services • Utilities & Service Systems • Aesthetics • Cultural Resources • Recreation I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ❑ find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and ENVIRONMENTAL IMPACT REPORT is required. ❑ 1 find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact' or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. find that although the proposed project could have a significant effect on the.environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Prepared by: Russell Bunim, Assistant Planner Date 0 0 CHECKLIST Page 2 CITY OF NEWPORT BEACH ENVIRONMENTAL CHECKLIST 0 I. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? C) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? II. AGRICULTURE RESOURCES. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? C) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non- agricultural use? III. AIR QUALITY. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? Potentially Less Than Less than No Significant Significant with Significant Impact Impact Mitigation Impact Incorporated ❑ ❑ ❑ Q ❑ ❑ ❑ a ❑ ❑ Q ❑ ❑ ❑ © ❑ ❑ ❑ ❑ Q ❑ ❑ ❑ Q ❑ ❑ ❑ Q ❑ ❑ Q ❑ CHECKLIST Page 3 b) Violate any air quality standard or contribute to an existing or projected air quality violation? C) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? IV. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? Potentially Less Than Less than No Significant Significant with Significant Impact Impact Mitigation Impact Incorporated ❑ ❑ ❑ 0 ❑ ❑ 0 ❑ ❑ ❑ 0 ❑ ❑ 0 ❑ ❑ ❑ 0 ❑ ❑ ❑ 0 ❑ ❑ CHECKLIST Page 4 d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or ,with established native resident or migratory wildlife corridors, or impeded the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? V. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064-5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? C) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? VI. GEOLOGY AND SOILS. Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: Potentially Less Than Less than No Significant Significant with Significant Impact Impact Mitigation Impact Incorporated ❑ Q ❑ ❑ ❑ Q ❑ ❑ ❑ ❑ ❑ Q ❑ Q ❑ ❑ ❑ Q ❑ ❑ ❑ ❑ Q ❑ ❑ ❑ Q Q CHECKLIST Page 5 e) Have soils incapable of adequately ❑ ❑ Q ❑ supporting the use septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? VII. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the ❑ ❑ ❑ Q public or the environment through routine transport, use, or disposal of hazardous materials? CHECKLIST Page 6 Significant Significant with Significant Impact Impact Mitigation Impact Incorporated i) Rupture of a known earthquake ❑ ❑ Q ❑ fault, as delineated on the most recent Alquist - Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground ❑ ❑ Q ❑ shaking? iii) Seismic-related ground failure, ❑ ❑ Q ❑ including liquefaction? iv) Landslides? ❑ ❑ R1 ❑ b) Result in substantial soil erosion or ❑ ❑ Q ❑ the loss of topsoil? C) Be located on a geologic unit or soil ❑ ❑ ❑ Q that is unstable, or that would become unstable as a result of the project and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as ❑ ❑ 0 ❑ defined in Table 18- 1 -B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately ❑ ❑ Q ❑ supporting the use septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? VII. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the ❑ ❑ ❑ Q public or the environment through routine transport, use, or disposal of hazardous materials? CHECKLIST Page 6 VIII. HYDROLOGY AND WATER QUALITY. Would the project: CHECKLIST Page 7 Potentially Less Than Less than No Significant Significant with Significant Impact Impact Mitigation Impact Incorporated b) Create a significant hazard to the ❑ ❑ 0 ❑ public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? C) Emit hazardous emissions or ❑ ❑ ❑ handle hazardous or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? d) Be located on a site which is ❑ ❑ ❑ 0 included on a list of hazardous materials sites which complied pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project within an airport land ❑ ❑ 0 ❑ use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a ❑ ❑ ❑ 0 private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or ❑ ❑ ❑ 0 physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a ❑ ❑ ❑ D significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? VIII. HYDROLOGY AND WATER QUALITY. Would the project: CHECKLIST Page 7 CHECKLIST Page 8 Potentially Less Than Less than No Significant Significant with Significant Impact Impact Mitigation Impact Incorporated a) Violate any water quality standards ❑ ❑ Q ❑ or waste discharge requirements? b) Substantially deplete groundwater ❑ ❑ Q ❑ supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? C) Substantially alter the existing ❑ ❑ Q ❑ drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? d) Substantially alter the existing ❑ ❑ Q ❑ drainage pattern of the site or area, including through the alteration of a course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on or off -site? e) Create or contribute runoff water ❑ ❑ Q ❑ which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade ❑ ❑ Q ❑ water quality? g) Place housing within a 100 -year ❑ ❑ ❑ Q flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100 -year flood hazard ❑ ❑ ❑ Q area structures which would impede or redirect flood flows? CHECKLIST Page 8 i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? IX. LAND USE AND PLANNING. Would the proposal: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? C) Conflict with any applicable habitat conservation plan or natural community conservation plan? X. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally- important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? XI. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other Potentially Less Than Less than No Significant Significant with Significant Impact Impact Mitigation Impact Incorporated ❑ ❑ ❑ 0 ❑ ❑ ❑ 0 ❑ ❑ ❑ 0 ❑ ❑ 0 ❑ ❑ ❑ ❑ 0 ❑ ❑ ❑ 0 ❑ ❑ ❑ 0 ❑ ❑ 0 ❑ CHECKLIST Page 9 J) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? XII. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? C) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Potentially Less Than - Less than No Significant Significant with Significant Impact Impact Mitigation Impact Incorporated ❑ ❑ 0 ❑ ❑ ❑ 0 ❑ ❑ ❑ 0 ❑ ❑ ❑ 0 ❑ ❑ ❑ Q ❑ ❑ ❑ ❑ ❑ ❑ Q ❑ ❑ ❑ Rf V CHECKLIST Page 10 XIII. PUBLIC SERVICES Would the project: a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Other public facilities? XIV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction of or expansion of recreational facilities which might have an adverse physical effect on the environment? opportunities? XV. TRANSPORTATIONITRAFFIC Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of . vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? Potentially Less Than Less than No Significant Significant with Significant Impact Impact Mitigation Impact ❑ Incorporated ❑ ❑ ❑ ❑ 0 ❑ ❑ 0 ❑ ❑ ❑ 0 ❑ ❑ ❑ 0 ❑ ❑ ❑ 0 ❑ ❑ ❑ 0 ❑ ❑ ❑ 0 ❑ ❑ 0 ❑ Cl CHECKLIST Page 11 b) Exceed either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? C) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? XVI. UTILITIES & SERVICE SYSTEMS Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? C) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Potentially Less Than Less than No Significant Significant with Significant Impact Impact Mitigation Impact ❑ Incorporated 0 ❑ 1Z ❑ ❑ ❑ 0 ❑ ❑ ❑ D ❑ ❑ ❑ ❑ ❑ El ❑ ❑ ❑ 0 ❑ ❑ ❑ 0 ❑ ❑ E7 ❑ ❑ ❑ ❑ ❑ ❑ Q ❑ CHECKLIST Page 12 d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? Potentially Less Than Less than No Significant Significant with Significant Impact Impact Mitigation Impact Incorporated ❑ ❑ 0 ❑ e) Result in a determination by the ❑ ❑ EI ❑ wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient ❑ ❑ ❑ permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local ❑ ❑ 0 ❑ statutes and regulation related to solid waste? h) Include a new or retrofitted Strom ❑ ❑ a ❑ water treatment control Best Management Practice (BMP), (e.g. water quality treatment basin, constructed treatment wetland), the operation of which could result in significant environmental effects (e.g. increased vectors and odors)? XVII. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential Cl a ❑ ❑ to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major period of California history or prehistory? CHECKLIST Page 13 b) Does the project have impacts that are individually limited, but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) Significant Significant with Significant Impact Impact Mitigation Impact Incorporated ❑ ❑ ❑ C) Does the project have ❑ ❑ Q ❑ environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? CHECKLIST Page 14 SOURCE LIST The following enumerated documents are available at the offices of the City of Newport Beach, Planning Department, 3300 Newport Boulevard, Newport Beach, California 92660. 1. Final Program EIR — City of Newport Beach General Plan 2. General Plan, including all its elements, City of Newport Beach. 3. Title 20, Zoning Code of the Newport Beach Municipal Code. 4. City Excavation and Grading Code, Newport Beach Municipal Code. 5. Chapter 10.28, Community Noise Ordinance of the Newport Beach Municipal Code. 6. South Coast Air Quality Management District, Air Quality Management Plan 1997. 7. South Coast Air Quality Management District, Air Quality Management Plan EIR, 1997. CHECKLIST Page 15 Environmental Analysis I. AESTHETICS. a) Have a substantial adverse effect on a scenic vista? No impact. The project will not have an adverse effect on any scenic vistas as none are identified onsite or nearby. The 1.9 -acre site is located north of Big Canyon Drive in the Big Canyon Planned Community at approximately 40 feet lower in elevation than the adjacent residential property to the east. Since the project site is wedged into a canyon land form at a much lower elevation, the project site is not easily viewed from adjacent properties. City policies do not protect private views and the view from Big Canyon Drive out to the site is not designated as scenic vista. The project site consists of a graded pad surrounded by disturbed areas of vegetation primarily with native and non - native ruderal species and a steep slope to the east vegetated primarily with native scrub species. The land uses surrounding the property are single - family detached dwellings to the south and east, and single - family attached dwellings to the west. The golf course is contiguous to the site at the north with more single - family detached dwellings beyond. No impact to a scenic vista will occur and no mitigation measures are necessary. b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? No impact. According to the California Scenic Highway Mapping System of the California Department of Transportation, the project site is not located on or near a major state - designated scenic highway. The closest officially designated state scenic highway to the project site is State Route 1 (SR -1), also known as Pacific Coast Highway, which is located over one mile south of the project site. Moreover, the site does not contain any scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings. No mitigation measures are necessary. C) Substantially degrade the existing visual character or quality of the site and its surroundings? Less than significant. The existing visual character of the project site consists of a graded pad with native and non - native species as pointed out above. The character of the area surrounding the site is a suburban neighborhood with large, residential dwellings. The residential dwellings are one and two stories with well- maintained landscaping. The addition of one single - family dwelling with landscaping will have not have a significant impact on the existing visual character or quality of the site and its surroundings as residential property is already established in the area. d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Less than significant impact. The project site does not contain any structures and is not a source of light or glare. The development of one single - family dwelling will result in light and glare sources that are similar to other dwellings in the community. Therefore, no substantial impacts are anticipated. AGRICULTURE RESOURCES. In determining whether impacts to agricultural resources are significant effects, the lead agency referred to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non - agricultural use? No impact. According to the California Resource Agency's Department of Conservation Important Farmland Map for Orange County (2006), the project site is not designated as Farmland or Statewide Importance, Unique Farmland, or Farmland of Local Importance. The project site is located in a suburban area surrounded by a golf course and residential dwellings. No significant would occur and no mitigation measures are necessary. ftp:/tftp.consrv.ca.gov/pub/dlrp/FMMP/Pdf/2006/oraO6.p (Map of Orange County important farmland — 2006 reference) b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? No impact. The project site is not currently zoned or used for agriculture purposes and does not fall under Williamson Act contract. The project site is currently zoned Planned Community (PC) with a "Golf Course" land designation within the PC. The proposed land use is residential. No significant impacts would occur and no mitigation measures are necessary. htti)://www-conservation-ca.gov/d(rp/lca/Pagesf(ndex.aso (Williamson Act reference) C) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non - agricultural use? No impact. The project site is not currently used for agricultural purposes; therefore, the project would not result in the conversion of farmland to nonagricultural uses. No impacts to farmland would occur. No significant impacts would occur and no mitigation measures are necessary. III. AIR QUALITY. a) Conflict with or obstruct implementation of the applicable air quality plan? Less than significant impact. A consistency determination plays an important role in local agency project review by linking local planning and individual projects to the Air Quality Management Plan (AQMP). It fulfills the CEQA goal of informing decision makers of the environmental efforts of the project under consideration at a stage early enough to ensure that air quality concerns are fully addressed. It also provides the local agency with ongoing information as to whether they are contributing to clean air goals contained in the AQMP. Only new or amended general plan elements, specific plans, and major projects need to undergo a consistency review. This is because the AQMP strategy is based on projections from local general plans. Projects that are consistent with the local general plan are considered consistent with AQMP. The proposed project would not emit either short- or long -term quantities of criteria pollutants which exceed the SCAQMD's air quality significance thresholds (See Appendix A for SCAQMD air quality significant thresholds). The SCAQMD does not consider projects which result in emissions below the SCAQMD significance thresholds to interfere with the goals established in the AQMP. Therefore, no significant impact to the AQMP will occur as a result of the proposed project. No mitigation measures are necessary. b) Violate any air quality standard or contribute to an existing or projected air quality violation? 2 Less than significant. The proposed project includes construction of one single - family dwelling on a 1.9 -acre parcel. Air pollutant emissions associated with the project could occur over the short-term for site preparation and construction activities. In addition emissions would result from the long -term operation of the completed project from facility - related energy consumption and automobile traffic traveling to and from the project site. The analysis below describes the project's short-term and long -term air quality impacts. http: / /www.agmd.gov/ (Air Quality Management District reference) Short -Term Air Quality Impacts The estimated dates for construction begin in 2009 and are estimated to take approximately 15 months. The proposed project does not require demolition of any structure — only clearing and grubbing is necessary to remove vegetation on site, which would take 2 days to remove. Grading activities would take approximately 20 days to export approximately 7,500 cubic yards of soil (from previous fill projects on site) and import 5,000 cubic yards of soil back on site for re- compaction. Building the single - family dwelling would take approximately 12 months. These construction emissions were estimated using the SCAQMD's URBEMIS2007 and are included in the table below: the model run is included in Appendix B. Maximum Daily Construction Emissions Source Pollutants Ibs /da CO NOx VOC IS02 PM 10 PM2.5 CO2 Demolition 6 9 2 0 1 1 825 Site Preparation 25 55 6 1 13 5 5,904 Building Construction 6 10 2 0 1 1 917 SCAQMD Threshold 550 100 75 150 150 55 N/A Exceeds Threshold NO NO NO NO NO NO N/A • Source: URBEMIS2007 Version 9.2.2. • NW Not Applicable • VOC: Volatile Organic Compounds (ref: URBEMIS ROG: Reactive Organic Gases) • Construction equipment mix based on the URBEMIS2007 computer model, which is based on SCAQMD construction surveys of midsized construction sites. . Fugitive dust emissions assumes application of Rule 403, which includes replacing ground cover as quickly as possible, watering exposed surfaces two times daily, equipment loading /unloading measures, and reducing vehicle speeds on unpaved roads to less than miles per hour. See Appendix A for additional fugitive dust control measures detailed in SCAQMD Rule 403. • COz emissions are provided for informational purposes only. The SCAQMD, OPR, or CARB have yet to establish regional emissions thresholds for this pollutant. As shown in the table above, all emissions are less than their respective SCAQMD threshold values. SCAQMD, Office of Planning and Research (OPR), or California Air Resources Board (CARB) have yet to establish regional emissions thresholds for CO2 emissions. However, because the project is not a regionally significant project and the project would not exceed the SCAQMD thresholds for criteria pollutants (CO, NO, PMio, and PM2.5), which were established to identify substantial new sources of air, pollution, CO2 emissions are likely not to be considered substantial enough to result in a significant cumulative impact relative to Greenhouse Gas (GHG) emissions and climate change impacts. Therefore the project's cumulative contribution to GHG emissions is less than significant. Long -Term Operational - Related Impacts Long -term air pollutant emissions generated by the project would be associated with project - related vehicle trips and stationary- source emissions generated on -site by sources such as water heaters, gas stoves, and fuel consumed for landscaping activities. Long -term air quality impacts are typically associated with the emissions produced by project - generated vehicle trips which are estimated by the Institute of Transpiration Engineers (ITE) as ten trips per day for one single - family dwelling. However, one single - family dwelling will not exceed the threshold for SCAQMD air quality significance as pointed out on the chart below for operational emissions. Maximum Daily Operational Emissions Source Pollutants Ibs /da CO NOx VOC 502 PM,n PM2.5 COs Demolition 1.24 0.15 0.11 0 0.19 0.04 115.14 SCAQMD Threshold 550 100 75 150 150 55 1 N(A Exceeds Threshold NO NO NO NO NO NO N/A • Source: URBEMIS2007 Version 9.2.2. • NIA: Not Applicable • VOC: Volatile Organic Compounds (ref: URBEMIS ROG: Reactive Organic Gases) • Construction equipment mix based on the URBEMIS2007 computer model, which is based on SCAQMD construction surveys of midsized construction sites. • CO2 emissions are provided for informational purposes only. The SCAQMD, OPR, or GARB have yet to establish regional emissions thresholds for this pollutant. C) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? Less than significant. In accordance with SCAQMD methodology, any project that does not exceed or can be mitigated to less than the daily threshold values does not add significantly to a cumulative impact. The South Coast Air Basin (SoCAB) is designated as a non - attainment area for ozone and particulates (PM,o and PM2.5) under the state and federal Ambient Air Quality Standards (AAQS). Air pollutant modeling for construction emissions demonstrates that project implementation would not exceed the SCAQMD's construction phase pollutant thresholds. Furthermore, the operational emissions which include vehicular trips will not exceed the SCAQMD thresholds as pointed out in the Operational Emissions chart above. Therefore, the project will not result in cumulatively considerable impacts including releasing emissions which exceed quantitative thresholds for ozone precursors. No mitigation measures are necessary. d) Expose sensitive receptors to substantial pollutant concentrations? Less than significant. The subject site is located in a residential and golf course community. Although sensitive receptors (i.e., surrounding residential dwellings) are located in the vicinity of the site, the greatest amount of pollutants generated by the proposed project will occur during the construction phase. The emissions will be comprised of mostly dirt and dust particles as the subject site is graded and a new home is constructed. However, such emissions will be controlled through the implementation of standard conditions and rules prescribed by the South Coast Air Quality Management District and will be short-term. The emissions released from operations after the constructions phase is completed will predominantly be comprised by vehicle trips which will not be a significant impact as pointed out in Operational Emissions chart above. Therefore, project implementation will not adversely affect sensitive receptors and no mitigation measures are necessary. 4 e) Create objectionable odors affecting a substantial number of people? Less than significant. Project construction would involve the use of heavy equipment creating exhaust pollutants from on -site earth movement and from equipment bringing asphalt and other building materials to the site. With regard to nuisance odors, any air quality impacts would be confined to the immediate vicinity of the equipment itself. During the operations phase of the project, single - family dwellings do not typically generate substantial emissions or odors that affect people outside the confines of the property. By the time such emissions or odors reach any sensitive receptor sites away from the project site, they are typically diluted to well below any level of air quality concern. Such emissions and odors are an adverse, but not significant, air quality impacts. Mitigation measures are not necessary as the impacts of emissions and odors are less than significant. IV. BIOLOGICAL RESOURCES. The analysis below, is based on results of the Biological report dated August 25, 2008, prepared by Glenn Lukos Associates, included as Appendix C. a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? C) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impeded the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Less than significant impact with mitigation (a — f). At this time, the precise development and grading plans for the proposed residential lot are not available. However, the buildable area of the lot has been identified, as depicted on the attached Vegetation Map [Exhibit 3 of Glenn Lukos Associates' report (Appendix C)]. Therefore, this impact analysis assumes that all vegetation within the buildable area will be impacted. A summary of the vegetation impacts is given in the Table below. Vegetation Impacts Table Vegetation Association Total on Site (acres) Buildable Area (acres) Mixed Sage Scrub / Chenopod Scrub 0.29 0.008 Ruderal 0.49 0.39 Ruderal / Ornamental 0.06 0.0001 Southern Willow Scrub 0.04 0.04 Ornamental 0.82 0.11 Disturbed 0.18 0.15 Total 1.88 0.70 Impacts to ruderal, ornamental, and disturbed areas would not be considered significant as these areas have low habitat value and have no potential to support special status flora or fauna. The coastal California gnatcatcher (CAGN) is a federally listed threatened species. This small songbird is a year- round, obligate resident of coastal sage scrub communities in southern California and northwestern Baja California, Mexico, The CAGN is insectivorous, and nests and forages in moderately dense stands of sage scrub occurring on and hillsides, mesas, and in washes. The CAGN generally lives below 1,200 feet in elevation. Coastal sage scrub communities dominated by California sage brush, California buckwheat, white sage, and black sage are preferred by this species. Loss and fragmentation of suitable habitat due to expanding development have been major factors in the decline of this bird in southern California. This species typically nests in areas with less than 40 percent slope, and requires at minimum a patch of scrub of at least 0.5 acre for nesting. Given the steepness of the slope and small size of the patch from large, contiguous areas of scrub habitat, the CAGN is not likely to breed on site. It is possible, although unlikely, that a dispersing individual could briefly utilize the site for rest and forage at the beginning or end of the season. Given that the mixed sage scrub / chenopod scrub located on the hillside adjacent to the buildable area has little potential to support special status flora or fauna, including the coastal California gnatcatcher, impacts to 0.008 acre of mixed sage scrub / chenopod scrub would not be significant. Mitigation Measure. The project site has some potential to support nesting migratory birds. Impacts to such species are prohibited under the Migratory Bird Treaty Act (META) and California Fish and Game Code. In order to ensure that the proposed project will not impact nesting migratory birds, the following mitigation measure is recommended: If vegetation is to be removed during the nesting season, recognized from February 1 through August 31, a qualified biologist will conduct a nesting bird survey of potentially suitable nesting vegetation no more than three days prior to vegetation removal. If active nests are identified during nesting bird surveys, then the nesting vegetation will be avoided until the nesting event has completed and the juveniles can survive independently from the nest. The biologist will flag the active nesting vegetation, and will establish an adequate buffer around the nesting vegetation of 300 feet (500 feet for raptors). If active nests are identified, clearing /grading shall not occur within the buffer until the nesting event has completed. V. CULTURAL RESOURCES. a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? No impact. Section 10564.5 defines historic resources as resources as resources listed or determined to be eligible for listing by the State Historical Resources Commission, a local register of historical resources, or the lead agency. Generally a resource is considered to be "historically significant', if it meets one of the following criteria: Is associated with events that have made a significant contribution to the patterns of California's history and culture heritage; ii) Is associated with the lives of persons important in our past; iii) Embodies the distinctive characteristics of a type, period, region or method of construction, or represents the work of an important creative individual, or possesses high artistic values; or iv) Has yielded, or may be likely to yield, information important in prehistory or history. Figure HR1, Historic Resources, of the Historic Resources Element of the City's General Plan update does not identify any historic resources within or adjacent to the project site. Before the development of the Big Canyon Planned Community, the land was use as a ranch owned by the Irvine Company and did not contain any significant structures. The project location is contiguous to the Big Canyon Country Club golf course; however, the subject site was never included as part of the course design or construction. The subject site is vacant and does not contain any structures. The proposed project has no impacts on historical resources; therefore, no mitigation measures are required. b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? Less than significant impact with mitigation. The project site has been previously graded and filled. While removing the loose soil, it is unlikely that any significant archaeological resources will be found. However, the following mitigation procedure will be followed to ensure that impacts related to archaeological resources remain less than significant. Mitigation Measure Prior to approval of a grading plan, the property owner /developer shall submit a letter to the Planning Department showing that a qualified archaeologist has been hired to ensure that the following actions are implemented: The archaeologist must be present at the pregrading conference in order to establish procedures for temporarily halting or redirecting work to permit the sampling, identification, and evaluation of artifacts if potentially significant artifacts. are uncovered. If artifacts are uncovered and determined to be significant, the archaeological observer shall determine appropriate actions in cooperation with the property owner /developer for exploration and /or salvage. • Specimens that are collected prior to or during the grading process will be donated to an educational or research institution. • Any archaeological work at the site shall be conducted under the direction of the certified archaeologist. If any artifacts are discovered during grading operations when the archaeological monitor is not present, grading shall be diverted around the area until the monitor can survey the area. • A final report detailing the findings and disposition of the specimens shall be submitted to the City Engineer. Upon Completion of the grading, the archaeologist shall notify the City as to when the final report will be submitted. 7 c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Less than significant impact with mitigation. As stated above, the project site has been previously graded and filled. While removing the loose soil, the project is unlikely to destroy any unique paleontological resources or unique geologic features. However, the following mitigation procedure will be followed to ensure that impacts related to archaeological resources remain less than significant. Mitigation Measure The property owner /develop shall submit a letter to the Planning Department showing that a certified paleontologist has been hired to ensure that the following actions are implemented: • The paleontologist must be present at the pregrading conference in order to establish procedures to temporarily halt or redirect work to permit the sampling, identification, and evaluation of fossils. If potentially significant materials are discovered, the paleontologist shall determine appropriate actions in cooperation with the property owner /developer for exploration and /or salvage. • Specimens that are collected prior to or during the grading process will be donated to an appropriate educational or research institution. • Any paleontological work at the site shall be conducted under the direction of the certified paleontologist. If any fossils are discovered during grading operations when the paleontological monitor is not present, grading shall be diverted around the area until the monitor can survey the area. A final report detailing the findings and disposition of the specimens shall be submitted. Upon the completion of the grading, the paleontologist shall notify the City as to when the final report will be submitted. d) Disturb any human remains, including those interred outside of formal cemeteries? Less than significant impact. No remains are known to be present on site. The project site has been previously graded and filled. In the event that unknown remains are discovered on the subject site, the proposed project will be in compliance with the State Health and Safety Code 7050.5, as required and cited below: If human remains are encountered, the state Health and Safety Code Section 7050.5 requires that no further disturbance shall occur until the county coroner has mad a determination of the origin and disposition pursuant to Public Resources Code 5097.98. The county coroner must be notified immediately of the find. If the remains are determined to be prehistoric, the coroner is required to notify the Native American Heritage Commission (NAHC), which will determine and notify a Most Likely Descendant (MLD). With permission of the owner of.-the land or his /her authorized representative, the descendent may inspect the site of the discovery. The descendant shall complete the inspection within 24 hours of notification of the NAHC. The MLD may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American burials. VI. GEOLOGY AND SOILS. a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic - related ground failure, including liquefaction? iv) Landslides? Less than significant impact. The subject site is not located in a seismic hazard or liquefaction area with the possibility for landslides or located in a fault disclosure zone according to the Seismic Hazards Map in the City of Newport Beach General Plan. No mitigation measures are necessary. b) Result in substantial soil erosion or the loss of topsoil? Less than significant impact. As stated previously in this document, the construction phase of the project will include grading that will leave soil exposed. The City has policies to insure Best Management Practices (BMP) be followed that minimize erosion and loss of topsoil. After the site is developed, landscaping, paving, and drainage will reduce erosion as less soil will be exposed and proper drainage will be installed. C) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18- 1 -B of the Uniform Building Code (1994), creating substantial risks to life or property? Less than significant impact (c-d). The City of Newport Beach Safety Element does not identify the project site as at risk of being unstable from landslides, lateral spreading, subsidence, liquefaction or collapse. As stated above, this site has been graded and filled. Removing loose soil for a buildable pad requires a grading plan and soils report which are typically reviewed at the plan check phase of the project by the Building Department. e) Have soils incapable of adequately supporting the use septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? No impact. The proposed project involves the development of one single - family dwelling in Newport Beach. The Utilities Department requires that dwellings install water service and sewer service per City standards, so the project will not need a septic tank or alternative wastewater disposal system. No significant impacts would occur and no mitigation measures are necessary. VII. HAZARDS AND HAZARDOUS MATERIALS. a) Create a significant hazard to the public or the environment through routine transport, use, or disposal of hazardous materials? No impact. The proposed project will not utilize or dispose of any hazardous materials of reportable quantities in typical operations. Substances for landscaping, such as fertilizers and pesticides, will be subject to all applicable Bes Management Practices (BMP) regulations. b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Less than significant impact. The project has a potential for on -site dirt to be released into the air during the grading process of construction. However, compliance with the existing regulations would reduce potential impacts to a level less than significant. To reduce impacts from potential spills of hazardous materials during construction, the project is required to comply with the requirements set fourth under the Statewide General Permit for Construction Activities, pursuant to Section 402 of the federal Clean Water Act. Per, the requirements, BMP's would be employed to control hazardous materials use and spills. C) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? No impact. There are no schools within one - quarter mile of the proposed project site. The nearest school is Our Lady Queen of Angels School, located at 750 Domingo Drive, Newport Beach, approximately one third of a mile away from the project site. d) Be located on a site which is included on a list of hazardous materials sites which complied pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? No impact. The project site is not identified in the Department of Toxic Substances Control's (DTSC) hazardous wastes and substances list, which includes the Federal Superfund sites (National Priority List), State Response Sites, Voluntary Cleanup Sites, School Cleanup Sites, Permitted Sites, and Corrective Actions Sites. Construction of the proposed single- family dwelling site would not create a significant hazard to the public or the environment. No mitigation measures are necessary. e) For a project within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? Less than significant impact. The project site, which is located approximately three miles south of the John Wayne Airport, is within the limits of its Airport Environs Land Use Plan (AELUP) as established by the Orange County Airport Land Use Commission (ALUC). The John Wayne Airport AELUP has established various zones surrounding the airport including Noise Impact Zone and Runway Protection Zone. The Noise Impact Zone establishes land uses that are "normally acceptable ", "conditionally acceptable ", and normally unacceptable" within each noise impact zone delineated by the respective Community Noise Equivalent Level (CNEL) noise contour derived from studies of aircraft flight operations into and out of the John Wayne Airport. The project site does not. fall within the Noise Impact Zone. Therefore, noise from airport operations would be less than significant at the project site. The Runway Protection Zone (also known as the Clear Zone) identifies areas within the direct pathway of the runways that should remain relatively clear of development. The project site does not fall within the Runway Protection Zone as the project site is located approximately three miles south of the runway. Therefore, the location of the project will not be an impact. f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? 10 No impact. The project site is not located within the vicinity of a private airstrip. No impact will result of this project. g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? No impact. Access to the site will be taken from Big Canyon Drive. Although no other dwellings have direct access to Big Canyon Drive, the addition of one new driveway will not interfere with emergency response. The proposed project has been routed to City public safety departments including Fire and Police, and no issues have been identified that will impair emergency response. h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? No impact. The project site is not located within an area susceptible to fire as designated in the City of Newport Beach General Plan Safety Element. VIII. HYDROLOGY AND WATER QUALITY. a) Violate any water quality standards or waste discharge requirements? Less than significant impact. Pursuant to Section 420 of the Clean Water Act, the Environmental Protection Agency (EPA) has established regulations under the National Pollutant Discharge Elimination System (NPDES) program to control direct stormwater discharges. In California, the State Water Resources Control Board (SWRCB) administers the NPDES permitting program and is responsible for developing NPDES permitting requirements. For Orange County, the Santa Ana Regional Control Board would be responsible for implementation of the NPDES requirements. The NPDES program regulates pollutant discharges, including, those from construction activities on sites larger than one acre. The proposed project would be subject to the NPDES program since the project would involve a site larger than one acre. b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? Less than significant impact. The project will not impact groundwater supplies or interfere with groundwater recharge. The project includes a mass grading phase; however, the construction of one new single - family dwelling will include a drainage plan that will not interfere or deplete ground water. The single - family dwelling will be served by the local sewer and water system. It is not anticipated that the project will have any significant impact on groundwater. C) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? Less than significant impact. The project will not result in a significant change to the drainage pattern of property as the drainage plan will be required to comply with applicable policies noted above. The proposed project would not involve the alteration of the course of a stream or river in a manner that would result in substantial erosion or siltation on- or off -site. Therefore, it's not anticipated that the project will result in any significant impacts to erosion or siltation on- or off - site. 11 d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of a course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on or off -site? Less than significant impact. The project does not involve any alteration of the existing and /or planned drainage system (pattern) of the area. The development of the site will not alter the course of a stream or a river. The project does not propose any alterations to the existing or planned storm drain system in Newport Beach. Therefore, no impacts to this topical area will occur as a result of the project. e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? Less than significant impact. The City of Newport Beach is primarily built -out and contains an existing storm water drainage system. The project is consistent with the capacity of the existing storm drain system in the City of Newport Beach and will be required to install drainage systems in accordance with applicable policies. Therefore, no impacts associated with runoff will occur as a result of the proposed project. f) .Otherwise substantially degrade water quality? Less than significant impact. See response to "a)" above. The project will comply with all requirements regarding water quality. Therefore, it is not anticipated that the project will substantially degrade water quality. g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? No impact. The project site is not located within a 100 -year flood plain. h) Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? No impact. The project site is not located within a 100 -year flood plain. i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? No impact. The project site is not located within a 100 -year flood plain. Failure of the nearby Big Canyon Dam is unlikely as a seismic analysis shows that it can withstand a maximum magnitude earthquake (M =7) on the Newport- Inglewood fault. This earthquake is anticipated to produce very strong ground motions, with a peak, horizontal ground acceleration of 0.91 g, in the area of the reservoir. Therefore, no impacts are anticipated and no mitigation measures are necessary. j) Inundation by seiche, tsunami, or mudflow? No impact. The project site is not located in the immediate vicinity of a reservoir, harbor, lake, or storage tank capable of creating a seiche. The closest body of water is located approximately one mile west of the project site (Upper Newport Bay). Due to the distance and the relatively small surface area of the Upper Newport Bay as well as the difference in elevation between the Bay and project site, inundation of the project site by a seiche or tsunami is highly unlikely. The 12 project site is located approximately three miles north of the Pacific Ocean. Therefore, inundation of the project site by tsunami is also unlikely. IX. LAND USE AND PLANNING. a) Physically divide an established community? No impact. The project site is located in a residential and golf course community. The addition of one parcel for the use of a single family home will not divide the community. b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? Less than significant impact (b $ c). The Land Use Element of the General Plan contains objectives, policies, and distributions of land use for development in the City. Since the project site is designated within the Land Use Element of the General Plan as Parks and Recreational (PR), a General Plan Amendment is required to change the land use to Single -Unit Residential Detached (RS -D). Most planned communities have home owners associations (HOA) that serve as a governing body to their community and own the common land. The General Plan policy (below) insures that open space and recreational facilities that are owned by the HOA be preserved. The policy is intended to preserve open space and recreational facilities of the community living in the private residential developments. It specifically states that facilities to be preserved are integrated into and owned by private residential developments (typically by an HOA). However, this is not applicable for the Big Canyon Planned Community as the private residential development (or HOA) does not own or govern the golf course. The golf course is owned by the Big Canyon Country Club. Therefore, the proposed project will not conflict with this land use policy. Land Use Policy LU 6.29 (Private Open Spaces and Recreational Facilities): "Require the open space and recreational facilities that are integrated into and owned by private residential development are permanently preserved as part of the development approval process and are prohibited from converting to residential or other types of land use." C) Conflict with any applicable habitat conservation plan or natural community conservation plan? No impact. As pointed out earlier in Section IV of this document (Biology Resources), the project site is not designated as a habitat conservation area that supports flora or fauna. Moreover, the project site is not being persevered as the City has used the site in the past to deposit soil after a previous construction project in the area. X. MINERAL RESOURCES. a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? No impact. The City of Newport Beach's General Plan does not identify any known minerals on the project site (vacant) or surrounding areas (golf course and residential dwellings). The project will not result in the loss of known mineral resource that would be of state, regional, or local value. Therefore, no mineral resource impacts are expected to occur an no mitigation measures are required. 13 b) Result in the loss of availability of a locally- important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? No impact. The project site is not delineated as a locally - important resource recovery site in the City's General Plan. Therefore, no impacts in relation to locally important mineral resources will result from the implementation of the proposed project and no mitigation measures are required. XI. NOISE. a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Less than significant impact. The proposed project includes the construction of one single - family dwelling. Project- generated noise during the construction phase of the project would be from project - generated traffic and on -site operations. Once the construction phase of the project is complete, the project will not generate noise beyond the typical use of a single - family house. b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? Less than significant impact. The project will be constructed using typical construction techniques, and vibration intensive activities such as pile- driving or sheet piles are not permitted in the City per Building Department policies. As such, it is anticipated that the equipment to be used during construction would not cause excessive ground borne noise or vibration. Post - construction on -site activities would be limited to suburban land uses that do not generate excessive ground borne vibration or noise. Furthermore, the Building Bepartment requires the. contactor to notify the adjacent property owners by certified mail 10 days prior to starting shoring or excavation work. Therefore, vibration or noise levels will 'not be a significant impact. C) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? Less than significant. As noted in response Xl.a above, the proposed would not substantially increase ambient noise levels at residential uses in the vicinity of the project due to stationary- source or mobile- sources noise generated by the one single - family dwelling. Impacts would be less than significant. d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Less than significant impact d). Noise levels associated with construction activities would be higher than ambient noise levels in the project area today, but would subside once construction of the proposed project is completed. Two types of noise impacts could occur during the construction phase. First, the transport of workers and equipment to the construction site would incrementally increase noise levels along site's access roadways. The second type of impact is related to noise generated by on -site construction operations. The local residents would be subject to elevated noise levels due to the operation of on -site construction equipment. Construction activities are carried out in phases, each of which have a mix of different types of equipment and, consequently, different noise characteristics. These various sequential phases would change the character of the noise levels surrounding the construction site as work progresses. IC! Construction of the project is estimated to take approximately 15 months and noise generated by construction activities will cease once construction is completed. Noise related impacts are typical to the construction of a single - family dwelling and the City of Newport Beach limits the hours of construction to weekdays 7:00 AM to 6:30 PM, and Saturdays from 8:00 AM to 6:00 PM, excluding Sundays and federal holidays. Impacts are less than significant. e) For a project located within an airport land use land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? No impact. The project site located approximately three miles from John Wayne Airport. The project site is located outside of the 60 dBA CNEL Noise Contour of the John Wayne AELUP as established by the Orange County ALUC. No impact. No mitigation required. f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? No impact. There are no private airstrips within at least five miles of the project site. No impact. No mitigation required. XII. POPULATION AND HOUSING. a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? C) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Less than significant impact (a — c). The introduction of one dwelling unit will not induce substantial population growth as the State Department of Finance reports the average household size in Newport Beach is 2.97. Affordable housing will be addressed by the payment of an in -lieu fee. XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: • Fire protection? • Police protection? • Schools? • Other public facilities? Less than significant impact. Police and Fire Departments report that the project will not result in a substantial increase in demand for public safety services. The proposed project will be 15 assessed fees for the school district, parks and sanitation to off -set any impacts to these public facilities. XIV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction of or expansion of recreational facilities which might have an adverse physical effect on the environment? opportunities? Less than significant impact (a & b). The 1.9 -acre site will have a large, relatively level building pad that will provide adequate open space for recreational activities. In addition, the Big Canyon Planned Community has four acres of open turf. The City of Newport Beach requires a park fee for new dwelling units, which the City uses for purchasing new park land and upgrading existing facilities. Therefore, the project will not have adverse effect on recreation facilities. XV. TRANSPORTATIONITRAFFIC a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed either individually or cumulatively, a level of service standard established . by the county congestion management agency for designated roads or highways? C) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Less than significant impact with Mitigation (a -d). The City of Newport Beach's Traffic Engineer has reviewed the proposed project and concluded that the proposed project will not result in any significant impacts to any traffic load and capacity, levels of service, or result in an increase in traffic levels that will result in a safety risk on the existing roads. Mitigation Measure. The Traffic Engineer will require during the plan check review phase that the proposed project to be designed to accommodate vehicular turnaround on -site. Backing out on to Big Canyon Drive is prohibited. e) Result in inadequate emergency access? No impact. Police and Fire Departments concluded that the proposed project will not result in inadequate emergency access. At the time of plan check for building permits, the Plan Check Engineer in the Building Department will check for Building Code compliance and emergency ingress and egress from inside the dwelling unit to a safe outdoor location. f) Result in inadequate parking capacity? No impact. The proposed single - family will be required to provide adequate parking on -site per the City of Newport Beach Zoning Code. The Planning Department will plan check the parking proposed as part of the plan check process. 16 g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? No impact. The proposed project would not conflict with adopted policies, plans, or programs supporting alternative transportation. The project does not propose to alter any existing bus turnouts or established alternative transportation programs within the City. The City's Transportation Demand Management (TDM) Ordinance would not apply to this project since it is residential. No impact. XVI. UTILITIES & SERVICE SYSTEMS a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulation related to solid waste? h) Include a new or retrofitted storm water treatment control Best Management Practice (BMP), (e.g. water quality treatment basin, constructed treatment wetland), the operation of which could result in significant environmental effects (e.g. increased vectors and odors)? Less than significant impact (a -h). The proposed project has been reviewed by the City of Newport Beach's Utilities Department. They provided comments back stating the dwelling will need water and sewer services installed per City standard. Therefore, no mitigations are necessary. XVII. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major period of California history or prehistory? 17 Less than significant impact with mitigation. The subject site is currently undeveloped and was used as a dumping site for unused soil from nearby construction projects. The project does have the possibility to reduce the habitat of the California Gnatcatcher; however, with the mitigation stated above in the Biological Resources section, the project will have less than a significant impact on the environment. Although the subject site has been disturbed by adding soil from nearby projects and the potential for discovery of examples of the major periods of California history or prehistory is minimal, the potential for subsurface discovery remains and has been mitigated to a less than significant level. No further mitigation measures are necessary. b) Does the project have impacts that are individually limited, but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) Less than significant impact. No cumulative impacts are anticipated with this or other projects. All project impacts are less that significant or can be mitigated to a level of insignificance. No other projects have been proposed in the vicinity of the project site that would result. in significant impacts. C) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Less than significant impact. The Initial Study reviewed the proposed project's potential impacts. As discussed in the respective sections of this document, implantation of the proposed project would not result in potentially significant impacts. However, where impacts were to be potentially significant, mitigation has been provided that will reduce the impact to less than significant. Therefore, the proposed project would have no substantial adverse effects on human beings, either directly or indirectly. No further mitigation measures are necessary. 18 Page: 1 7/3/2008 8:06:49 AM Urbemis 2007 Version 9.2.4 Combined Annual Emissions Reports (Tons/Year) File Name: F:IUSERSIPLN1Shared\Russells Shortcuts\Big Canyon Urbemisl1 Big Canyon.urb924 Project Name: single family dwelling Project Location: Orange County On -Road Vehicle Emissions Based on Version : Emfac2007 V2.3 Nov 1 2006 Off -Road Vehicle Emissions Based on: OFFROAD2007 Page: 2 7/3/2008 8:06:49 AM Sumrnary Report: CONSTRUCTION EMISSION ESTIMATES ROG N-QX QQ $47 PM10 Dust PM10 Exhaust PM10 PM2 5 Dust PM2.5 PM2 5 Exhaust 2009 TOTALS (tons /year unmitigated) 0.20 1.64 0.82 0.00 0.07 0.10 0.17 0.02 0.09 0.10 2010 TOTALS (tonslyear unmitigated) 0.03 0.19 0.11 0.00 0.02 0.01 0.04 0.01 0.01 6.02 AREA SOURCE EMISSION ESTIMATES ROG NOx QQ 602 R= PM25 CO2 TOTALS (tans /year, unmitigated) 0.01 0.00 0.01 0.00 0.00 0.00 3.93 OPERATIONAL (VEHICLE) EMISSION ESTIMATES ROG NOX COQ 802 PM10 PM2.5 CO2 TOTALS (tons /year, unmitigated) 0.02 0.02 0.22 0.00 0.04 0.01 20.34 SUM OF AREA SOURCE AND OPERATIONAL EMISSION ESTIMATES ROG NOx &Q S02 PM10 PM2.5 CO2 TOTALS (tons /year, unmitigated) 0.03 0.02 0.23 0.00 0.04 0.01 24.27 'Construction Unmitigated Detail Report. CONSTRUCTION EMISSION ESTIMATES Annual Tons Per Year, Unmitigated ROG NQ.X CO ySQ2 PM10 Dust PM10 Fxhaust PM10 PM2.5 Dust PM25Exhaust pjy CO2 159.16 18.70 ED Page: 3 7/3/2008 8:06:49 AM 2009 0.20 1.64 0.82 0.00 0.07 0.10 0.17 0.02 0.09 0.10 159.16 Demolition 01(01(2009- 0.00 0.01 0.01 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.82 01/03/2009 Fugitive Dust 0.00 0.00 D.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Demo Off Road Diesel 0.00 0.01 0,00 0,00 0.00 0.00 0.00 D.00 0.00 0.00 0.70 Demo On Road Diesel 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Demo Worker Trips 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,12 Mass Grading 01/05/2009- 0.04 0,41 0.18 0.00 0.07 0.02 0.09 0.02 0.02 0.03 44.28 01/25/2009 Mass Grading Dust 0.00 0.00 0.00 0.00 0.07 0.00 0.07 0.02 0.00 0.02 0.00 Mass Grading Off Road Diesel 0.02 0.20 0.10 0.00 0.00 0.01 0.01 0.00 0.01 0.01 16.85 Mass Grading On Road Diesel 0.02 0.21 0.08 0.00 0.00 0.01 0.01 0.00 0.01 0.01 26.49, Mass Grading Worker Trips 0.00 0.00 0.01 0.00 0.00 0.00 0.00 O.OD 0.00 0.00 0.93 Trenching 01/26/2009- 0113012009 0.01 0.05 0.02 0.00 0.00 0,00 0.00 0.00 0.00 0.00 4.60 Trenching Off Road Diesel 0.01 0.05 0.02 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4.29 Trenching Worker Trips 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.31 Building 0113112009- 01131)2010 0.16 1.17 0.61 0.00 0.00 0.08 0.08 0.00 0.07 0.07 109.46 Building Off Road Diesel 0.15 1.17 0.59 0.00 0.01) 0.08 0.08 0.00 0.07 0.07 106.76 Building Vendor Trips 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.56 Building Worker Trips 0.00 0.00 0.02 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2.14 Page: 4 7/3/2008 8:06:49 AM 2010 Building 01/31/2009-01131 12010 Building Off Road Diesel Building Vendor Trips Building Worker Trips Fine Grading 02/01/2010- 02/05/2010 Fine Grading Dust Fine Grading Off Road Diesel Fine Grading On Road Diesel Fine Grading Worker Trips Asphalt 02/06/2010 - 0211112010 Paving Off -Gas Paving Off Road Diesel Paving On Road Diesel Paving Worker Trips Coating 0211212010 -02113/2010 Architectural Coating Coating Worker Trips 0.03 0.19 0.11 0.00 0.02 0.01 0.04 0.01 0.01 0.02 18.70 0.01 0.10 US 0.00 0.00 0.01 0.01 0.00 0.01 0.01 9.62 0.01 0.10 0.05 0.00 0.00 0.01 0.01 0.00 0.01 0.01 9.38 . 0.00 0.00 0.00 0.00 0.06 0.00 DA6 0.00 0.00 0.00 0.05 0.00 0.00 0.00 0.00 0.00 0.00, 0.00 0.00 0.00 D.00 0.19 0.01 0.07 0.03 0.00 0.02 0.00 0.03 0.01 0.00 0.01 6.35 0.00 0.00 0.00 0.00 0.02 0.00 0.02 0.01 0.00 0.01 0.00 0.01 0.06 0.03 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5.62 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.42 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.31 0.00 0.03 0.02 D.00 0.00 0.00 0.00 0.00 0.00 0.00 2.69 0.00 0:00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 . 0.00 0.02 0.01 0.00 0.00 0.00 0.00 0.00 0.00 D.00 1.96 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.29 0.00 0.00 0100 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.44 0.01 0.00 0.00 0.00 D.00 0.00 0.0o D.DD 0.00 0.00 0.04 0.01 0.00 000 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0-00 0.00 0.00 0100 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.04 Phase ASSUmDtioD5 Phase: Demolition 01/01/2009 - 01/03/2009 - Default Demolition Description Building Volume Total (cubic feet): 0 Building Volume Dally (cubic feet): 0 On Road Truck Travel (VMT): 0 Off -Road Equipment: Page: 5 7/3/2008 8:06:49 AM 1 Concrelellndustrial Saws (10 hp) operating at a 0.73 load factor for 8 hours per day I Rubber Tired Dozers (357 hp) operating at a 0.59 load factor for 1 hours per day 2 Tractors/Loadefs/BackhoeS (108 hp) operating at a 0.55 load factor for 6 hours per day Phase: Fine Grading 02)01 12010 - 0210512010 - Default Fine Site Grading /Excavation Description Total Acres Disturbed: 1.9 Maximum Daily Acreage Disturbed: 0.48 Fugitive Dust Level of Detail: Default 20 Ibs per acre -day On Road Truck Travel (VMT): 40 Off -Road Equipment. 1 Graders (174 hp) operating at a 0.61 load factor for 6 hours per day 1 Rubber Tired Dozers (357 hp) operating at a 0.59 load factor for 6 hours per day 1 TractorslLoaders/Backhoes (108 hp) operating at a 0,55 load factor for 7 hours per day 1 Water Trucks (189 hp) operating at a 0.5 load factor for 8 hours per day Phase: Mass Grading 0110512009 - 01/2512009 - Default Mass Site Grading /Excavation Description Total Acres Disturbed: 1.9 Maximum Daily Acreage Disturbed: 0-48 Fugitive Dust Level of Detail: Default 20 lbs per acre -day On Road Truck Travel (VMT): 833.33 Off -Road Equipment: 1 Graders (174 hp) operating at a 0.61 load factor for 6 hours per day 1 Rubber Tired Dozers (357 hp) operating at a 0.59 bad factor for 6 hours per day 1 Tractors/Loaders/Backhoes (108 hp) operating at a 0.55 load factor for 7 hours per day 1 Water Trucks (189 hp) operating at a 0.5 load factor for 8 hours per day Phase: Trenching 01/26/2009 - 01/30/2009 - Default Trenching Description Off -Road Equipment: Page:6 7/3/2006 8:06:49 AM 2 Excavators (168 hp) operating at a 0.57 load factor for 8 hours per day i Other General Industrial Equipment (238 hp) operating at a 0.51 load factor for 8 hours per day 1 Tractors/Loaders/Backhoes (108 hp) operating at a 0.55 load factor for 0 hours per day Phase; Paving 0210612010 - 0211112010 -Default Paving Description Acres to be Paved: 0.48 Off -Road Equipment: 4 Cement and Mortar Mixers (10 hp) operating at a 0.56 load factor for 6 hours per day 1 Pavers (100 hp) operating at a 0.62 load factor for 7 hours per day 1 Rollers (95 hp) operating at a 0.56 load factor for 7 hours per day - 1 TractorslLoadem /Backhoes (108 hp) operating at a O.S5load factor for 7 hours per day Phase: Building Construction 01/31/2009 - 01/31/2010 - Default Building Construction Description Off -Road Equipment. 1 Cranes (399 hp) operating at a 0.43 load factor for 4 hours per day 2 Forklifts (145 hp) operating at a 0.3 load factor for 6 hours per day 1 Tractorsll oaders/Backhoes (108 hp) operating at a 0.55 load factor for 8 hours per day Phase: Architectural Coating 02/12/2010 - 02/13/2010 - slury seal Rule: Residential Interior Coatings begins 01101/2005 ends 0613012008 specifies a VOC of 100 Rule: Residential Interior Coatings begins 07/01/2008 ends 12131/2040 specifies a VOC of 50 Rule: Residential Exterior Coatings begins 01/01/2005 ends 06130/2008 specifies a VOC of 250 Rule: Residential Exterior Coatings begins 07101/2008 ends 12(3112040 specifies a VOC of 100 Rule: Nonresidential Interior Coatings begins 0 110112 0 0 5 ends 12!31/2040 specifies a VOC of 250 Rule: Nonresidential Exterior Coatings begins 01/01/2005 ends 12/3112040 specifies a VOC of 250 Page: 7 - aQ2 P 10 7/3/2008 8:06:49 AM 0.00 0.00 Area'Sourde Unmitigated Detail: Report;. - - 0.01 - AREA SOURCE EMISSION ESTIMATES Annual Tons Per Year, Unmitigated Source - ROGZ NOx Natural Gas 0.00 0.00 HeaifM1' - - 0.00 0.00 Landscape 0.00 0.00 Consumer Products -. - _0.01. - Architectural Coatings 0.00 TOTALS (tonsfyea�,'unmitigated)'- - 0.01 - - - 0.00 -. -C_Q - aQ2 P 10 PM2.5 0.00 0.00 0.00 0.00 0.01 - 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.01 - 0.00 (3:00 - 0:00 Area Sourctt QhjInges to Defaults Length of summer period for landscape equipment changed from 365 days to 90 days Operational Unmitigated Det'ai'l Report: - - OPERATIONAL EMISSION ESTIMATES Annual Tons Per Year, Unmitigated Source ROG NOX Single family housing 0.02 0.02 TOTALS (tonslyaaf; unmitigated)- --- -0.02 - 0.02' Operational Settings: Does not include correction for passby trips Does not include double counting adjustment for internal trips Analysis Year: 2009 Season: Annual CO2 3.80 0.13 0.00 3.93 CO 502 PM10 PM25 CO2 0.22 0.00 0.04 0.01 20.34 0.22 0:00 - 0.04 0.01 - - -- 20.34 Page: 8 7/3/2008 8:06:49 AM Emfac: Version : Emfac2007 V2.3 Nov 12006 Land Use Type Single family housing Vehicle Type Light Auto Light Truck < 3750 Ibs Light Truck 3751 -5750 Ibs Mad Truck 5751 -8500 Ibs Lite -Heavy Truck 8501 - 10,000 Ibs Lite -Heavy Truck 10,001 - 14,000 lbs Med -Heavy Truck 14,001- 33,000 Ibs Heavy -Heavy Truck 33,001- 60,000 Ibs Other Bus Urban Bus Motorcycle School Bus Motor Home Emma of Land Uses Acreage Trip Rate Unit Type No. Units Total Trips Total VMT 1.90 11.15 dwelling units 1.00 ' 11.15 112.65 FI 11.15 112.65 Vehicle et Percent Type Mix Non - Catalyst Catalyst Diesel 51.5 1.4 98.2 0.4 7.0 2.9 94.2 2.9 23.8 0.4 99.6 0.0 10.6 0.9 99.1 0.0 1.6 0.0 81.2 18.8 0.5 0.0 60.0 40.0 0.9 0.0 22.2 77.8 0.2 0.0 0.0 100.0 0.1 0.0 0.0 100.0 0.0 0.0 0.0 0.0 2.9 72.4 27.6 0.0 0.1 010 0.0 100.0 0.8 0.0 87.5 12.5 Page: 9 7/3/2008 8:06:49 AM Urban Trip Leng0i (miles) Rural Trip Length (miles) Trip speeds (mph) % of Trips - Residential % of Trips - Commercial (by land use) Travel Conditions Residential Commercial Home -Work Home -Shop Home -Other Commute Non -Work Customer 12.7 7.0 9.5 13.3 7.4 8.9 17.6 12.1 14.9 15.4 9.6 12.6 30.0 30.0 30.0 30.0 30.0 30.0 32.9 16.0 49.1 Page: 1 713M08 8:06:25 AM Urbemis 2007 Version 9.2.4 Combined Summer Emissions Reports (Pounds /Day) File Name: F:\USERS\PLN \Shared \Russells Shortcuts \Big Canyon Urbemis \1 Big Canyon.urb924 Project Name: single family dwelling Project Location: Orange County On -Road Vehicle Emissions Based on: Version : Emfac2007 V2.3 Nov 12006 Off -Road Vehicle Emissions Based on: OFFROAD2007 Page: 2 7/3/2008 8:06:25 AM Sumri ary.Report. CONSTRUCTION EMISSION ESTIMATES ROG JOx CgQ S02 PM10 Dust PM10 Exhaust PMJQ PM2 5 Dust PM2.5 PM2.5 Exhaust 2009 TOTALS (Ibs(day unmitigated) 5.22 54.43 24.24 0.03 932 2.47 12.19 2.05 2.27 4.31 2010 TOTALS (Ibs/day unmitigated) 13.24 26.26 13.89 0.00 9.61 1.30 10.91 2.01 1.20 3.20 AREA SOURCE EMISSION ESTIMATES ROB 4 OQ 802 PM10 PM2.5 CO2 TOTALS (Ibs /day, unmitigated) 0.06 0.02 0.06 0.00 0.00 0.00 20.86 OPERATIONAL (VEHICLE) EMISSION ESTIMATES ROG NQx OQ S02 PMIQ PM215 X42 TOTALS (Ibs/day, unmitigated) 0.10 0.12 1.24 0.00 0.19 0.04 115.14 SUM OF AREA SOURCE AND OPERATIONAL EMISSION ESTIMATES ROG NQA QQ RQ2 PM1D PM2.5 C09 TOTALS (Ibs /day, unmitigated) 0.16 0.14 1.30 0.00 0.19 0.04 136.00 Construction Unmitigated Detail Report: _ CONSTRUCTION EMISSION ESTIMATES Summer Pounds Per Day, Unmitigated ROG NOx -c-O 542 PM10 Dust PMIO Exhaust P 10 PM2.5 Dust PM2.5 Exhaust p,L CO2 5,903.80 2,541.30 L Page: 3 7/3/2008 8:06:25 AM Time Slice 01101/2009 - 01/0212009 1.26 8.22 5.84 0.00 0.01 0.64 0.65 0.00 0.59 0.59 824.78 Active Days: 2 Demolition 0110112009- 1.26 8.22 5.84 0.00 0.01 0.64 0.65 0.00 0.59 0.59 824.78 01/03/2009 Fugitive Dust 0100 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Demo Off Road Diesel 1.23 8.15 4.78 0.00 0.00 0.64 0.64 0.00 0.59 0.59 700.30 Demo On Road Diesel 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Demo Worker Trips 0.03 0.06 1.06 0.00 0.01 0.00 0.01 0.00 0.00 0.00 124.48 Time Slice 0110512009-01123/2009 522 54A3 24_24 0.03 9.-72 2.47 I= 2.28 2.27 4.311. 3;99 0 Active Days: 15 Mass Grading 0110512009- 5.22 54.43 24.24 0.03 9.72 2.47 12.19 2.05 2.27 4.31 5,903.80 01125/2009 Mass Grading Dust 0.00 0.00 0.Q0 0.00 9.60 0.00 9.60 2.00 0.00 2.00 0.00 Mass Grading Off Road Diesel 3.18 26.46 12.98 0.00 0.00 133 1.33 0.00 1.23 1.23 2,247.32 Mass Grading On Road Diesel 2.00 27.91 10.21 0.03 0.12 1.13 1.25 0.04 1.04 1.08 3,532.00 Mass Grading Worker Trips 0.03 0.06 1.06 0.00 0.01 0.00 0.01 0.00 0.00 0.00 124.48 Time Slice 01126/2009- 0113012009 2.21 18.96 9.38 0.00 0.01 0.93 0.94 0.00 0.86 0.86 1,839.12 Active Days: 5 Trenching 01126 /2009 - 01/30/2009 2.21 18.96 9,38 0.00 0.01 0.93 0.94 0.00 0.86 0.86 1,839.12 Trenching Off Road Diesel 2.18 18.90 8.32 0.00 0.00 0.93 0.93 0.00 0.86 0.86 1,714.64 Trenching Worker Trips 0.03 0.06 1.06 0.00 0.01 0.00 0.01 0.00 0.00 0.00 124.48 Time Slice 0210212009- 12/31/2009 1.30 9.83 5.11 0.00 0.00 0.64 0.64 0.00 0.58 0.58 916.02 Active Days: 239 Building 01/3112009- 01131/2010 1.30 9.83 5.11 0.00 0.00 0.64 0.64 0.00 0.58 0.58 916.02 Building Off Road Diesel 1.30 9.79 4.94 0.00 0.00 0.63 0.63 0.00 0.58 0.58 893.39 Building Vendor Trips 0.00 0.03 0.02 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4.70 Building Worker Trips 0.00 0.01 0.15 0.00 0.00 0.00 0.00 0.00 0.00 0.00 17.93 Page: 4 713/2008 8:06:25 AM Time Slice 01/01/2010 - 01/29/2010 Active Days: 21 Building 01/3112009- 0113112010 Building Off Road Diesel Building Vendor Trips Building Worker Trips Time Slice 02/0112010- 02/05/2010 Active Days: 5 Fine Grading 0210112010- 02J05(20I 0 Fine Grading Dust Fine Grading Off Road Diesel Fine Grading On Road Diesel Fine Grading Worker Trips Time Slice 02/0812010 - 0211112010 Active Days: 4 Asphalt 02/06 12010- 02/11 /2010 Paving OR -Gas Paving Off Road Diesel Paving On Road Diesel Paving Worker Trips Time Slice 0211212010- 02/1212010 Active Days: 1 Coating 021122010- 0211312010 Architectural Coating Coaling Worker Trips 1.21 9.20 4.97 0.00 0.00 0.58 0.58 0.00 0.53 0.53 916.01 1.21 9.20 4.97 0.00 0.00 0.58 - 0.58 0.00 0.53 0.53 916.01 1.21 9.16 4.81 0.00 0.00 0.58 0.58 0.00 0.53 0.53 893.39 0.00 0.02 0.02 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4.70 0.00 0.01 . 0.14 0.00 0.00 0.00 0.00 0.00 0.00 0.00 17.92 3.12 262 13-89 0.00 9611 1.30 10.91 7„01 122 33,20 2.541.30 3.12 26.26 13.89 0.00 9.61 1.30 10.91 2.01 1.20 3.20 2,541.30 0.00 0.00 0.00 0.00 9.60 0.00 9.60 2.00 0.00 2.00 0.00 3.00 24.99 12.46 0.00 0.00 1.25 1.25 0.00 1.15 115 2,247.32 0.09 1.22 0.45 0.00 0.01 0.05 0.05 0.00 0.04 0.05 169.54 0.03 0.06 0.98 0.00 0.01 0.00 0.01 0.00 0.00 0.00 124.44 2.33 13.04 9.09 000 0.02 1.07 1.09 0.01 0.99 0.99 1,343.06 2.33 13.04 9.09 0.00 0.02 1.07 1.09 0.01 0.99 0.99 1,343.06 0.25 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 OAO 1.95 11.89 6.98 0.00 0.00 1.03 1.03 0.00 0.94 0.94 979.23 0.08 1.05 0.38 0.00 0.00 0.04 0.05 0.00 0.04 0.04 146.D6 0.05 0.10 1.72 0.00 0.01 0.01 0.02 0.00 0.00 0.01 217.78 13.24 0.03 0.60 0.00 0.00 0.00 0.01 0.00 0.00 0.00 - 75.60 13.24 0.03 0.60 0.00 0.00 0.00 0.01 0.00 0.00 0.00 75.60 13.22 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.02 0.03 0.60 0.00 0.00 0.00 0.01 0.00 0.00 0.00 75.60 Page: 5 7/3/2008 8:06:25 AM Pb s>Assymotlons Phase: Demolition 01/01/2009 - 01/03/2009 - Default Demolition Description Building Volume Total (cubic feet): 0 Building Volume Daily (cubic feet): 0 On Road Truck Travel (VMT): 0 Off -Road Equipment- 1 Concrete/Industrial Saws (10 hp) operating at a 0.73 load factor for 8 hours per day 1 Rubber Tired Dozers (357 hp) operating at a 0.59 load factor for 1 hours per day 2 Tractors/Loaders/Backhoes (108 hp) operating at a 0.55 load factor for 6 hours per day Phase: Fine Grading 02/0112010 - 02/05/2010 - Default Fine Site Grading /Excavation Description Total Acres Disturbed: 1.9 Maximum Daily Acreage Disturbed: 0.48 Fugitive Dust Level of Detail: Default 20 Ibs per acre -day On Road Truck Travel (VMT): 40 Off -Road Equipment: 1 Graders (174 hp) operating at a 0.61 load factor for 6 hours per day 1 Rubber Tired Dozers (357 hp) operating at a 0.59 load factor for 6 hours per day 1 Tractors/Loaders/Backhoes (108 hp) operating at a 0.55 load factor for 7 hours per day 1 Water Trucks (189 hp) operating ate 0.5 load factor for 6 hours per day Phase: Mass Grading 01/0512009 - 01/25/2009 - Default Mass Site Grading /Excavation Description Total Acres Disturbed: 1.9 Maximum Daily Acreage Disturbed: 0.48 Fugitive Dust Level of Detail: Default 20 Ibs per acre -day On Road Truck Travel (VMT): 833.33 Off -Road Equipment: Page: 6 7/3/2008 8:06:25 AM 1 Graders (174 hp) operating at a 0.61 load factor for 6 hours per day 1 Rubber Tired Dozers (357 hp) operating at a 0.59 bad factor for 6 hours per day 1 Tractors /LoaderslBackhoes (108 hp) operating at a 0.55 load factor for 7 hours per day 1 Water Trucks (189 hp) operating at a 0.5 load factor for B hours per day Phase: Trenching 01/26/2009 - 01/30/2009 - Default Trenching Description Off -Road Equipment: 2 Excavators (168 hp) operating at a 0.57 load factor for 8 hours per day 1 Other General Industrial Equipment (238 hp) operating at a 0.51 load factor for 8 hours per day 1 TractorsfLoadersfBackhoes (108 hp) operating at a 0.55 load factor for 0 hours per day Phase: Paving 02/06/2010 - 02M 1/2010 - Default Paving Description Acres to be Paved: 0.48 Off -Road Equipment: 4 Cement and Mortar Mixers (10 hp) operating at a 0.56 load factor for 6 hours per day 1 Pavers (100 hp) operating at a 0.62 load factor for 7 hours per day 1 Rollers (95 hp) operating at a 0.56 load factor for hours per day 1 Tractors/Loaders/Backhoes (108 hp) operating at a 0.55 load factor for 7 hours per day Phase: Building Construction 01/3112009 - 01131/2010 - Default Building Construction Description Off -Road Equipment: . 1 Cranes (399 hp) operating at a 0.43 load factor for 4 hours per day 2 Forklifts (145 hp) operating at a 0.3 load factor for 6 hours per day 1 Tractors /Loaders /Backhoes (108 hp) operating at a 0.55 load factor for 8 hours per day Phase: Architectural Coating 02/1212010 - 02/13/2010 - slury seal Rule: Residential Interior Coatings begins 01/01/2005 ends 06/30/2008 specifies a VOC of 100 Rule: Residential Interior Coatings begins 0710112008 ends 12!31/2040 specifies a VOC of 50 Rule: Residential Exterior Coatings begins 01/01/2005 ends 06/30/2008 specifies a VOC of 250 Rule: Residential Exterior Coatings begins 0710112008 ends 12/31/2040 specifies a VOC of 100 Page: 7 7/3/2008 8:06:25 AM Rule: Nonresidential Interior Coatings begins 01/01/2005 ends 12131/2040 specifies a VOC of 250 Rule: Nonresidential Exterior Coatings begins 01 /0112005 ends 12131/2040 specifies a VOC of 250 .Area Source Unmitigated Detail: Report: PM10 PM25 CO2 0.00 0119 AREA SOURCE EMISSION ESTIMATES Summer,Pounds Per Day, Unmitigated 115.14 000 - 0.19. 0.04(.. - - "115.14. Smrce ROG N4x &4 3-Q2 PMN PM2.6 -Q42 Natural Gas 0.00 0.02 0.01 0.00. 0.00 0.00 20.79 Hearth =No SummerEmissiorts.. Landscape 0.01 0.00 0.05 0,00 0.00 0.00 0.07 Consumer Products- - -0.05 -. Architectural Coatings 0.00 TDTALS('Ibslday, unmitigated), -.. _ - 0 -.06- - 0.02 -0.06. Oi00. 0.00' - 0.00:' .20:66. Area Source Chanaes to Default$ Length of summer period for landscape equipment changed from 365 days to 90 days .Operattortat Ummitgated Detail RePOrt .. __ .. OPERATIONAL EMISSION ESTIMATES Summer Pounds Per Day, Unmitigated Source ROG NOX CO Single family housing 0.10 0.12 1.24. TOTAES (Ids /day, ufm iii gated)_- ` . - 0.1P - 0.12 - 1.24 Operational Settings: $02 PM10 PM25 CO2 0.00 0119 0.04 115.14 000 - 0.19. 0.04(.. - - "115.14. Page: 8 7!312008 8:06:25 AM Does not Include correction for passby trips Does not include double counting adjustment for internal trips Analysis Year: 2009 Temperature (F); 80 Season: Summer Emfac: Version : Emfac2007 V2.3 Nov 12006 and Use Land Use Type Acreage Trip Rate Unit Type No. Units Total Trips Total WIT Single family housing 1.90 11.15 dwelling units 1.00 11.15 112.65 11.15 112.65 Vehicle Fleet Miz Vehicle Type percent Type Non - Catalyst Catalyst Y Light Auto Diesel 51.5 1.4 98.2 0.4 Light Truck < 3750 Ibs 7.0 2.9 94.2 2.9 Light Truck 3751 -5750 lbs 23.8 0.4 99.6 0.0 Mod Truck 5751 -8500 Ibs 10.6 0.9 99.1 0.0 Lite -Heavy Truck 8501 .10,000 Ibs 1.6 0.0 81.2 18,8 Lite -Heavy Truck 10,001- 14,000 Ibs 0.5 0.0 60.0 40,0 Mod -Heavy Truck 14,001- 33,0001bs 0.9 0.0 22.2 77.8 Heavy -Heavy Truck 33,001- 60.00016s 0.2 0.0 0.0 100.0 Other Bus 0.1 0.0 0.0 100.0 Urban Bus 0.0 0.0 0 0.0 Motorcycle 2.9 72.4 27.6 6 0.0 School Bus 0.1 0.0 0.0 100.0 Motor Home 0.8 0.0 87.5 12.5 Page:9 71312008 8:06:25 AM Urban Trip Length (miles) Rural Trip Length (miles) Trip speeds (mph) - of Trips - Residential of Trips - Commercial (by land use) Travel Conditions Residential - Commercial Home -Work Home -Shop Home -Other Commute Non -Work Customer 121 7.0 915 113 7.4 8.9 17.6 12.1 14.9 15.4 9.6 12.6 30.0 30.0 30.0 30.0 30.0 30.0 32.9 18.0 49.1 Page: 1 713/2008 8:06:40 AM Urbemis 2007 Version 9.2.4 Combined Winter Emissions Reports (Pounds /Day) File Name: F:\USERS \PLN\Shared \Russells Shortcuts \Big Canyon Urbemis \1 Big Canyon.urb924 Project Name: single family dwelling Project Location: Orange County On -Road Vehicle Emissions Based on: Version : Emfac2007 V2.3 Nov 1 2006 Off -Road Vehicle Emissions Based on: OFFROAD2007 Page: 2 7/3/2008 8:06:40 AM Summary Report: '- CONSTRUCTION EMISSION ESTIMATES AREA SOURCE EMISSION ESTIMATES ROG NOX CQ S022 PM10 Dust PM70 Exhaust 2009 TOTALS (Ibs /day unmitigated) 5.22 54.43 24.24 0.03 9.72 2.47 2010 TOTALS (Ibsl(jay unmitigated) 13.24 2626 13.89 0.00 9.61 1.30 AREA SOURCE EMISSION ESTIMATES S2 PM10 PM2.0 RO(3 NOx TOTALS (Ibs /day, unmitigated) 0.21 0.03 OPERATIONAL (VEHICLE) EMISSION ESTIMATES 2 S2 PM10 RDa NOx TOTALS (lbslday, unmitgated) 0.11 0.15 SUM OF AREA SOURCE AND OPERATIONAL EMISSION ESTIMATES 104.15 SQQ ROG NOx TOTALS fibs/day, unmitigated) 0.32 018 Construction Unmitigated Detail Report: 0.26 0.10 CONSTRUCTION EMISSION ESTIMATES Winter Pounds Per Day, Unmitigated BOG NOx QQ PM10 PM2.5 Dust PM2.5 PM2.5 Exhaust 12.19 2.05 2.27 4.31 5,903.80 10.91 2.01 1.20 3.20 2,541.30 M S2 PM10 PM2.0 C2 0.44 0.00 0.07 0.06 39.82 2 S2 PM10 PM2.5 C2 1.19 0.00 0.19 0.04 104.15 SQQ $42 PM10 PM2.5 X42 1.63 0.00 0.26 0.10 143.97 5D2 PM70 Dust PM10 Exhaust PM10 PM2 5 Dust PM2.5 Exha st PMT C2 Page: 3 7/3/2008 8:06:40 AM Time Slice 01!0112009. 0110212009 1.26 8.22 5.84 0.00 0.01 0.64 0.65 0.00 0.59 0.59 824.78 Active Days: 2 Demolition 0110112009- 1,26 8.22 5.84 0.00 0.01 0.64 0.65 0.00 0.59 0.59 824.78 01/03/2009 Fugitive Dust 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Demo Off Road Diesel 1.23 8.15 4.78 0.00 0.00 0.64 0.64 0.00 0.59 0.59 700.30 Demo On Road Diesel 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Demo Worker Trips 0.03 0.06 1.06 0.00 0.01 0.00 0.01 0.00 0.00 0.00 124.48 Time Slice 01/05/2009- 01/2312009 5-7 5443 24.24 0.03 9.72 247 12.19 2.Q5 227 4,34 5,90380 Active Days: 15 Mass Grading 01105!2009- 5.22 54.43 24.24 0.03 9.72 2.47 12.19 2.05 2.27 4.31 5,903.60 01/25/2009 Mass Grading Dust 0.00 0.00 0.00 0,00 930 0.00 9.60 2.00 0.00 2.00 0.00 Mass Grading Off Road Diesel 3.18 26.46 12.98 0.00 0.00 1.33 1.33 0.00 1.23 1.23 2,247.32 Mass Grading On Road Diesel 2.00 27.91 10.21 0,03 0.12 1.13 1.25 0.04 1.04 1.08 3.532.00 Mass Grading Worker Trips 0.03 0.06 1.06 0.00 0.01 0.00 0.01 0.00 0.00 0.00 124.48 Time Slice 01/2612009- 01/30/2009 2.21 18.96 9.38 0.00 0.01 0.93 0.94 0.00 0.86 0.86 1,839.12 Active Days: 5 Trenching 01/26/2009. 01/30/2009 2.21 18.96 9.38 0.00 0.01 0.93 0.94 0.00 0.86 0.86 1,839.12 Trenching Off Road Diesel 2.18 18.90 8.32 0.00 0.00 0.93 0.93 0.00 0.66 0.86 1,714.64 Trenching Worker Trips 0.03 0.06 1.06 0.00 0.01 0.00 0.01 0.00 0.00 0.00 124.48 Time Slice 02/0212009- 12/31/2009 1.30 9.83 5.11 0.00 0.00 0.64 0.64 0.00 0.58 0.58 916.02 Active Days! 239 Building 01/31 /2009- 01/31/2010 1.30 9.83 5.11 0.00 0.00 0.64 0.64 0.00 0.58 0.58 916.02 Building Off Road Diesel 1.30 9.79 4.94 0.00 0.00 0.63 0.63 0.00 0.58 0.58 893.39 Building Vendor Trips 0.00 0.03 0.02 0.00 0.00 0.00 0.00 0.00 - 0.00 0.00 4.70 Building Worker Trips 0.00 0.01 0.15 0100 0.00 0.00 0.00 0.00 0.00 0,00 17.93 Page: 4 7/3/2008 8:06:40 AM Time Slice 01 /01/2010- 01/29/2010 1.21 9.20 4.97 0.00 0.00 0.58 0.58 0.00 0.53 0.53 916.01 Active Days: 21 Building 01/3112009- 01/31/2010 1.21 9.20 4.97 0.00 0.00 0.58 0.58 0.00 0.53 0.53 916.01 Building Off Road Diesel 1.21 9.16 4.81 0.00 0.00 0.58 0.58 0.00 0.53 0.53 893.39 Building Vendor Trips 0.00 0.02 0.02 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4.70 Building Worker Trips 0.00 0.01 0.14 0.00 0.00 0.00 0.00 0.00 0.00 0.00 17.92 Time Slice 02/0112010 - 02105/2010 3.12 26.26 U-0 0.00 2M 1.30 10-91 201 120 az 2,541.3 Active Days: 5 Fine Grading 02101/2010- 3.12 26.26 13.89 0.00 9.61 1.30 10.91 2.01 120 3.20 2,541.30 02/0512010 Fine Grading Dust 0.00 0.00 0.00 0.00 9.60 0.00 9.60 2.00 0.00 2.00 0.00 Fine Grading Off Road Diesel 3.00 24.99 12.46 0.00 0.00 1.25 1.25 0.00 1.15 1.15 2,247.32 Fine Grading On Road Diesel 0.09 1.22 0.45 0.00 0.01 0.05 0.05 0100 0.04 0.05 169.54 Fine Grading Worker Trips 0.03 0.06 0.98 0.00 0.01 0.00 0.01 0.00 0.00 0.00 124.44 Time Slice 02/08/2010 - 02/11/2010 2.33 13.04 9.09 QM 0.02 1.07 1.09 0.01 0.99 0.99 1,343.06 Active Days: 4 Asphalt 02 /0612010- 02111/2010 2.33 13.04 9.09 0.00 0.02 1.07 1.09 0.01 0.99 0.99 1,343.06 Paving Off-Gas 0.25 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Paving Off Road Diesel 1.95 11.89 6.98 0.00 0.00 1.03 1.03 0.00 0.94 0.94 979.23 Paving On Road Diesel 0.08 1.05 0.38 0.00 0.00 0.04 0.05 0.00 0.04 0.04 146.06 Paving Worker Trips 0.05 0.10 1.72 0.00 0.01 0.01 0.02 0.00 0.00 0.01 217.78 Time Slice 02/12/2010 - 02/12/2010 13.24 0.03 0.60 0.00 0.00 0.00 0.01 0.00 0.00 0.00 75.60 Active Days: 1 Coating 0211212010 -02113/2010 13.24 0.03 0.60 0.00 0.00 0.00 0.01 0.00 0.00 0.00 75.60 Architectural Coating 13.22 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Coating Worker Trips 0.02 0.03 0.60 0.00 0.00 0.00 0.01 0.00 0.00 0.00 75.60 Page: 5 7/3/2008 8:06:40 AM Phase Assumptions Phase: Demolition 01/01/2009 - 01103/2009 - Default Demolition Description Building Volume Total (cubic feet): 0 Building Volume Daily (cubic feet): 0 On Road Truck Travel (VMT): 0 Off -Road Equipment: 1 Concretellndustrial Saws (10 hp) operating at a 0.73 load factor for 8 hours per day 1 Rubber Tired Dozers (357 hp) operating at a 0.59 load factor for 1 hours per day 2 Tractors/Loaders/Backhoes (108 hp) operating at a 0.55 load factor for 6 hours per day Phase: Fine Grading 02/01/2010 - 02/05/2010 - Default Fine Site Grading /Excavation Description Total Acres Disturbed: 1.9 Maximum Daily Acreage Disturbed: 0.48 Fugitive Dust Level of Detail: Default 20 lbs. per acre -day On Road Track Travel (VMT): 40 Off -Road Equipment: 1 Graders (174 hp) operating at a 0.61 load factor for 6 hours per day 1 Rubber Tired Dozers (357 hp) operating at a 0.59 load factor for 6 hours per day 1 Tractors/Loadem /Backhoes (108 hp) operating at a 0.55 load factor for 7 hours per day 1 Water Trucks (189 hp) operating at a 0.5 load factor for 8 hours per day Phase: Mass Grading 01/05/2009 - 01/25/2009 - Default Mass Site Grading /Excavation Description Total Acres Disturbed: 1.9 Maximum Daily Acreage Disturbed: 0.48 Fugitive Dust Level of Detail: Default 201bs per acre -day On Road Truck Travel (VMT): 833.33 Off -Road Equipment: Page: 6 7/3/2008 8:06:40 AM 1 Graders (174 hp) operating at a 0.61 load factor for 6 hours per day 1 Rubber Tired Dozers (357 hp) operating at a 0.59 bad factor for 6 hours per day 1 Tractors /Loaders /Backhoes (108 hp) operating at a 0.55 load factor for 7 hours per day 1 Water Trucks (189 hp) operating at a 0.5 load factor for 8 hours per day Phase: Trenching 01126/2009 - 01/3012009 - Default Trenching Description Off -Road Equipment: 2 Excavators (168 hp) operating at a 0.57 load factor for 8 hours per day 1 Other General Industrial Equipment (238 hp) operating at a 0.51 load factor for 8 hours per day 1 Tractors /Loaders/Backhoes (108 hp) operating at a 0.55 load factor for 0 hours per day. Phase: Paving 02/06/2010 - 02/11/2010 - Default Paving Description Acres to be Paved: 0.48 Off -Road Equipment: 4 Cement and Mortar Mixers (10 hp) operating at a 0.56 load factor for 6 hours per day 1 Pavers (100 hp) operating at a 0.62 load factor for 7 hours per day 1 Rollers (95 hp) operating at a 0.56 load factor for 7 hours per day 1 Tractors/Loaders/Backhoes It 08 hp) operating at a 0.55 load factor for 7 hours per day Phase: Building Construction 01/31/2009 - 01/31/2010 - Default Building Construction Description Off -Road Equipment: 1 Cranes (399 hp) operating at a 0.43 load factor for 4 hours per day 2 Forklifts (145 hp) operating at a 0.3 load factor for 6 hours per day 1 Tractors/Loaders/Backhoes (108 hp) operating at a 0.55 load factor for 8 hours per day Phase: Architectural Coating 02/12/2010 - 02/13/2010 - slury seal Rule: Residential Interior Coatngs begins 01/01/2005 ends 06/30/2008 specifies a VOC of 100 Rule: Residential Interior Coatings begins 07/0112008 ends 12131/2040 specifies a VOC of 50 Rule: Residential Exterior Coatings begins 01/01/2005 ends 06130/2008 specifies a VOC of 250 Rule: Residential Exterior Coatings begins 07/01/2008 ends 12/31/2040 specifies a VOC of 100 Page: 7 713/2008 8:06:40 AM Rule: Nonresidential Interior Coatings begins 0110112005 ends 12131!2040 specifies a VOC of 250 Rule: Nonresidential Exterior Coatings begins 01/01/2005 ends 12/3112040 specifies a VOC of 250 Area Source Unmitigated DetO% port: AREA SOURCE EMISSION ESTIMATES Winter Pounds Per Day, Unmitigated Sourc ROO NOx Natural Gas 0.00 0.02 HearOt:. - 0.18 0.01 Landscaping - No Winter Emissions 0.07 0.06 - 19.03' Consumer Products ;, - - 0 -.05 - 0.07 0.06 Architecture[ Coatings 0.00 TOTALS(lbs/da¢;'iinmitigatedj _ 0;21- - 0.03 -Q4 5-Q2 PM10 PM25 CQ2 0.01 0.00 0.00 0.00 20.79 0.43 0.00 - 0.07 0.06 - 19.03' 0.44 - 0:00 - 0.07 0.06 39.82' Area Source Chanaes to Defaults Length of summer period for landscape equipment changed from 365 days to 90 days Opeafional Unmitigated DetaiI )Repo& OPERATIONAL EMISSION ESTIMATES Winter Pounds Per Day, Unmitigated Source ROG NOX CO Single family housing 0.11 0.15 1.19 TOTALS (Ibs /day {.unmitigated)' ,0.11 0.15 .1119 Operational Settings: S02 PM10 PM25 CO2 0.00 0.19 0.04 104.15 0.00 0.19. 0.04 104.15 Page: 8 7/3/2008 8:06:40 AM Does not include correction for passby trips Does not include double counting adjustment for internal trips Analysis Year: 2009 Temperature (F): 60 Season: Winter Emfac: Version : Emfac2007 V2.3 Nov 12006 Land Use Type Single family housing Vehicle Type Light Auto Light Truck < 3750 Ibs Light Truck 3751 -5750 lbs Mad Truck 5751 -8500 Ibs Lite -Heavy Truck 8501 - 10,000 Ibs Lite -Heavy Truck 10,001 - 14,000 Ibs Med -Heavy Truck 14,001- 33,000 Ibs Heavy -Heavy Truck 33,00160,000 Ibs Other Bus Urban Bus Motoroycle School Bus Motor Home Summary of Land Uses Acreage Trip Rate Unit Type No. Units Total Trips Total VMT 1.90 11.15 dwelling units 1.00 11.15 112.65 11.15 112.65 Vehicle Fleet Mix Percent Type Non - Catalyst Catalyst Diesel 51.5 1.4 98.2 0.4 7.0 2.9 942 2.9 23.8 0.4 99.6 0.0 10.6 0.9 991 0.0 1.6 0.0 81.2 18.8 0.5 0.0 60.0 40.0 0.9 0.0 22.2 77.8 0.2 0.0 0.0 100.0 0.1 0.0 0.0 100.0 0.0 0.0 0.0 0.0 2.9 72.4 27.6 0.0 0.1 0.0 0.0 100.0 0.8 0.0 . 87.5 12.5 Page:9 7/3/2006 6:06:40 AM Travel Conditions Residential Commercial Home -Work Home-Shop Home -Other Commute Non -Work Customer Urban Trip Length (miles) 12.7 7.0 9.5 13.3 7.4 8.9 Rural Trip Length (miles) 17.6 12.1 14.9 15.4 9.6 12.6 Trip speeds (mph) 30.0 30.0 30.0 30.0 30.0 30.0 % of Trips - Residential 32.9 16.0 49.1 % of Trips - Commercial (by land use) GLENN LUKOS ASSOCIATES Regulatory Services August 25, 2008 Larry Tucker Big Canyon Country Club One Big Canyon Drive Newport Beach, California 92660 SUBJECT: Results of Biological/Regulatory Overview Conducted for the 1.9 -Acre Proposed Residential Lot Located in the Big Canyon Community, Newport Beach, Orange County, California. Dear Mr. Tucker: A biologist from Glenn Lukos Associates, Inc. (GLA) visited the above - mentioned property on August 8, 2008 to identify the actual or potential presence of special - status species or habitats capable of supporting special - status species. In addition, the property was also evaluated for the presence of areas potentially subject to the jurisdiction of the U.S. Army Corps of Engineers (Corps) pursuant to Section 404 of the Clean Water Act and the California Department of Fish and Game (CDFG) pursuant to Section 1602 of the California Fish and Game Code. The following letter includes an overview of the biological resources, including special - status species and habitats, which occur or have the potential to occur on site. Impacts to special- status species and habitats must be addressed during project review under the California Environmental Quality Act (CEQA). In addition, species federally listed as threatened or endangered are regulated by the U.S. Fish and Wildlife Service (USFWS) pursuant to the Federal Endangered Species Act (ESA). Species listed as threatened or endangered by the State of California are regulated by the California Department of Fish and Game (CDFG) pursuant to the State ESA. Wildlife that are assigned other designations by CDFG (i.e., species of concern, fully- protected species, etc.), and plants given special status by the California Native Plant Society (CNPS) are not granted additional protection, except that impacts to these species may need to be evaluated pursuant to CEQA. In addition to the biological overview, this report contains an analysis of impacts to biological resources associated with the proposed project. Larry Tucker August 25, 2008 Page 3 I. SITE DESCRIPTION The 1.9 -acre property is located north of Big Canyon Drive between Rue Biarritz and Rue Villars in the Big Canyon Community, City of Newport Beach, Orange County, California [Exhibit 1 — Regional Map, Exhibit 2 — Vicinity Map]. The property consists of a graded pad with approximately three feet of fill material' surrounded by disturbed areas and vegetated primarily with native and non -native ruderal species, and a steep slope east of the disturbed graded pad vegetated with native scrub species. Surrounding the property are residences to the south, east, and west, a wetland/riparian mitigation area immediately to the north, and the golf course fairway to the north immediately beyond the mitigation area. No blue -line drainages occur on site, as depicted on the U.S. Geological Survey (USGS) topographic map Tustin, California [dated 1978 and photorevised in 1981]. II. METHODOLOGY A GLA biologist visited the property on August 8, 2008 to conduct a site review and vegetation mapping of the property. Site reconnaissance was conducted in such a manner as to allow inspection of the entire site by direct observation, including the use of binoculars. The site was inspected to determine whether any sensitive species, sensitive habitats, or potential jurisdictional areas are present on site. Vegetation communities within the property were mapped according to the Orange County GIS Habitat Classification System ( °OCHCS'; Gray and Bramlet 1992). Identification and mapping of vegetation also incorporated habitat descriptions provided by Holland (1986). Project - specific vegetation types were modified or created as necessary to reflect on site associations. Plant communities were mapped in the field directly on to a 75 -scale (1" = 75') aerial photograph. A Vegetation Map is provided as Exhibit 3. In addition to site reconnaissance, evaluation of the property included a review of the California Natural Diversity Database (CNDDB) for the Tustin, Laguna Beach, Newport Beach, San Juan Capistrano, Orange, Dana Point, and El Toro Quadrangles2, a review of the 2008 California Native Plant Society (CNPS) inventory3, and a soil map review. Personal communication with Jeff Beardsley on August 8, 2008. z California Department of Fish and Game. March 2008. Natural Diversity Database: RareFind 2. 3 California Native Plant Society. 2008. Inventory of Rare and Endangered Plants of California (Seventh Edition). httpJ /cnps. web. apl us .net /cgi- biiVinv /invent6ry.cgi. Larry Tucker August 25, 2008 Page 4 III. RESULTS Site Reconnaissance The property consists of a graded pad with approximately three feet of fill material surrounded by disturbed areas vegetated primarily with native and non - native ruderal species, and a steep slope east of the disturbed graded pad vegetated with native scrub species. Several ornamental trees occur on the edge of the property bordering Big Canyon Drive and at the top of the slope bordering the residences to the east of the property. Surrounding the property are residences to the south, east, and west, a wetland/riparian mitigation area immediately to the north, and the golf course fairway to the north immediately beyond the mitigation area. The disturbed portion of the site, including the graded pad, is vegetated primarily with non - native species. Dominant species include pampas grass (Cortedaria selloana), myoporum (Myoporum laetum), crystal iceplant (Mesembryamthum crystallinum), summer mustard (Hirschfeldia incana), black mustard (Brassica nigra), bull thistle (Cirsium vulgare), Australian salt bush (Atriplex semibacatta), lamb's quarters (Chenopodium album), pride of Madeira (Echium fastuosum), sow thistle (Sonchus oleraceus), bristly ox- tongue (Picris echioides), and poison hemlock (Conium maculatum). Other non - native species present within the disturbed portion of the site include prickly lettuce (Lactuca serriola), rabbit's foot grass (Polypogon monspeliensis), Spanish sunflower (Pulicaria paludosa), garland chrysanthemum (Chrysanthemum coronarium), tumbling pigweed (Amaranthus albus), wild radish (Raphanus sativus), milk thistle (Silybum marianum), and London rocket (Sisimbrium Trio). Ornamental trees occurring on the edges of the property include myoporum (Myoporum laetum), London plane tree (Platanus acerifolia), and pine (Pious sp.). Locally dominant native species within the disturbed/graded pad area include coyote brush (Baccharis pilularis). Also present in a disturbed area are a few large patches of the native alkali heath (Frankenia saliva) and a few individuals of arroyo willow (Salix lasiolepis). The arroyo willow individuals are not associated with any drainage course. The steep slope east of the graded pad is vegetated with native scrub species including Brewer's salt bush (Atriplex lentiformis ssp. breweri), California sagebrush (Artemisia californica), California encelia (Encelia californica), California buckwheat (Eriogonum fasciculaturn), and coastal goldenbush (Isocoma menziesii). Birds observed on site either by direct observation or by characteristic vocalization include song sparrow (Melospiza melodia), common yellowthroat (Geothlypis irichas), house finch (Carpodacus mericanus), anna's hummingbird (Calypte anna), spotted towhee (Pipilo maculatus) California towhee (Pipilo crissalis), redtailed hawk (Buteo jamaicensis), and wrentit (Chamaea fasciata). No reptiles or amphibians were observed on site. Larry Tucker August 25, 2008 Page 5 Mammals either observed by direct observation, or by the presence of diagnostic sign (i.e., tracks, scat, etc.) include coyote (Canis latrans). Vegetation Manning Several vegetation associations were observed and mapped on site as discussed below [Exhibit 3 — Vegetation Map]. As previously stated, the majority of the site is disturbed and vegetated with weedy non - native species. The only native community on site is the steep slope that is vegetated with native scrub. Mixed Sane Scrub/Chenonod Scrub [2.3.10/2.7 This vegetation association occurs on the steep slope east of the graded pad, covers approximately 0.29 acre, and consists of a mix of two vegetation associations as defined by the OCHCS. The slope is dominated by both native shrubs consistent with mixed sage scrub including California buckwheat (Eriogonum fasciculatum), California encelia (Encelia californica), and California sagebrush (Artemisia californica), and native shrubs consistent with chenopod scrub including Brewer's saltbush (Atriplex lentiformis breweri) and coastal goldenbush (Isocoma menziesii). Ruderal 14.67 This vegetation association covers approximately 0.49 acre, occurs over an large portion of the property including the graded pad, and is dominated by weedy native and non - native species' including crystal iceplant (Mesembryamthum crystallinum), summer mustard (Hirschfeldia incana), black mustard (Brassica nigra), bull thistle (Cirsium vulgare), Australian salt bush (Atriplex semibaccata), lamb's quarters (Chenopodium album), sow thistle (Sonchus oleraceus), bristly ox- tongue (Picris echioides), and poison hemlock (Conium maculatum). Ruderal /Ornamental r4.6115.51 This vegetation association covers approximately 0.06 acres and occurs in southern portion of the slope east of the access road. Dominant species include pampas grass (Cortedaria selloana), black mustard (Brassica nigra), pride of Madeira (Echium fastuosum), and myoporum (Myoporum laetum). Larry Tucker August 25, 2008 Page 6 Southern Willow Scrub R.21 Included in this association is a small patch of arroyo willows (Salix lasiolepis) covering approximately 0.04 acre. The willows are not associated with any drainage course and appear to be supported by groundwater and/or irrigation runoff. Ornamental 05.57 This vegetation association covers approximately 0.82 acre and consists of ornamental trees including London plane tree (Platanus acerifolia), Monterey Pine (Pinus radiata) and myoporum (Myoporum laetum). Disturbed (16.1 This land cover totals approximately 0. 18 acre and includes the gravel access road that extends from north to south across the property. Special- Status Animals No special- status animals were observed at the property during site reconnaissance, and none are expected to occur due to a lack of suitable habitat. Table 1 provides a summary of all species considered for the biological overview. Species were considered based on a number of factors, including: 1) species identified by the March 2008 CNDDB as occurring (either currently of historically) on or in the vicinity of the property, 2) any other special - status species that are known to occur within the vicinity of the property, or for which potentially suitable habitat occurs on site. Following the table, additional discussions are provided for any special - status animals observed on site, for which potentially suitable habitat occurs on the property, and/or for which additional discussion is necessary for other reasons. Larry Tucker August 25, 2008 Page 7 Table 1. Special- status wildlife considered for the biological overview. Potential for Species Name Status Habitat Requirements Occurrence American badger Federal: None Occurs drier shrub, forest, and Does not occur Taxidea taxus State: None herbaceous habitats. Needs on site due to a CDFG: CSC open, uncultivated ground and lack of suitable friable soils for digging habitat burrows. Preys on burrowing rodents. Arroyo chub Federal: None Slow- moving or backwater Does not occur Gila orcutti State: None sections of warm to cool on site due to a CDFG: CSC streams with substrates of sand lack of suitable or mud. habitat Arroyo southwestern toad Federal: FE Breed, forage, and/or aestivate Does not occur Anaxyms californicus State: None in aquatic habitats, riparian, on site due to a CDFG: None coastal sage scrub, oak, and lack of suitable chaparral habitats. Breeding habitat pools must be open and shallow with minimal current, and with a sand or pea gravel substrate overlain with sand or flocculent silt. Adjacent banks with sandy or gravely terraces and very little herbaceous cover for adult and juvenile foraging areas, within a moderate riparian canopy of cottonwood, willow, or oak. Belding's savannah sparrow Federal: None Coastal Marshes Does not occur Passereulus sandwlehensis State: SE on site due to a beldingi CDFG: CSC lack of suitable habitat Big free- tailed bat Federal: None Occurs in low -lying and areas Does not occur Nyctinomops maerotis State: None in Southern California. Roosts on site due to a CDFG: CSC in high cliffs or rocky outcrops. lack of suitable habitat Lary Tucker August 25, 2008 Page 8 Potential for Species Name Status Habitat Requirements Occurrence Burrowing owl Federal: None Shortgrass prairies, grasslands, Does not occur Athene cunicularia State: None lowland scrub, agricultural on site due to a CDFG: CSC lands (particularly rangelands), lack of suitable coastal dunes, desert floors, and habitat some artificial, open areas as a year -long resident. Occupies abandoned ground squirrel burrows as well as artificial ' structures such as culverts and underpasses. California black rail Federal: None Occurs in coastal saltmarsh and Does not occur Laterallus jamaicensis State: ST brackish marsh dominated by on site due to a coturniculus CDFG: None pickleweed. lack of suitable habitat California homed lark Federal: None Occupies a variety of open Not expected Eremophila alpestris actia State: None habitats, usually where trees to occur on CDFG: CSC and large shrubs are absent. site due to a lack of suitable habitat. California least tern Federal: FE Flat, vegetated substrates near Does not occur Sterna antillarum browni State: SE the coast. Occurs near on site due to a CDFG: CFP estuaries, bays, or harbors lack of suitable where fish is abundant. habitat Coast (San Diego) homed Lizard Federal: FSC Chaparral and coastal sage Does not occur Phrynosoma coronatum State: None scrub on site due to a (blainvilhi population) CDFG: CSC lack of suitable habitat Coast patch -nosed snake Federal: None Occurs in coastal chaparral, Does not occur Salvadora hexalepis virgultea State: None desert scrub, washes, sandy on site due to a CDFG: CSC flats, and rocky areas. lack of suitable habitat Coastal cactus wren Federal: None Occurs almost exclusively in Does not occur Compyiorhychus brunneicapillus State: None cactus (cholla and prickly pear) on site due to a couesi CDFG: CSC dominated coastal sage scrub. lack of suitable habitat Larry Tucker August 25, 2008 Page 9 Potential for Species Name Status Habitat Requirements Occurrence Coastal California griateatcher Federal: FT Low elevation coastal sage Not expected Pohoptila californica californica State: None scrub and coastal bluff scrub. to occur on CDFG: CSC site due to lack of suitable habitat. See discussion below for this species. Coastal western whiptail Federal: None Open, often rocky areas with Not expected Aspidoscelis tigris stejnegeri State: None little vegetation, or sunny to occur on Locally rare microhabitats within shrub or site due to a grassland associations. lack of suitable habitat. Dulzura pocket mouse Federal: None Coastal scrub, grassland, and Does not occur Chaetodipus califronicus State: None chaparral, especially at grass- on site due to a femoralis CDFG: CSC chaparral edges lack of suitable habitat Ferruginous hawk (wintering) Federal: FSC Open, dry country, perching on Not expected Buteo regahs State: None trees, posts, and mounds. In to occur due to CDFG: CSC California, wintering habitat a lack of consists of open terrain and suitable grasslands of the plains and habitat. foothills. Globose dune beetle Federal: None Coastal sand dunes. Does not occur Coelus globosus State: None on site due to a CDFG: None lack of suitable habitat Grasshopper sparrow (nesting) Federal: None Occurs in dense grasslands on Does not occur Ammodramus savannarum State: None rolling hills, lowland plains, in on site due to a CDFG: CSC valleys, and on hillsides on lack of suitable lower mountain slopes. Favors habitat native grasslands with a mix of grasses, forbs, and scattered - shrubs. Loosely colonial when nesting. Larry Tucker August 25, 2008 Page 10 Potential for Species Name Status Habitat Requirements Occurrence Great blue heron Federal: None Colonial nester in tall trees, Does not occur Ardea herodias State: None cliffsides, and sequestered spots on site due to a CDFG: None on marshes. Rookery sites in lack of suitable close proximity to foraging habitat areas: marshes, lake margins, tide -flats, rivers and streams, - wet meadows. Hoary Bat Federal: None Prefers open habitats or habitat Does not occur Lasiurus cinereus State: None mosaics, with access to trees for on site due to a CDFG: None cover and open areas or habitat lack of suitable edges for £ceding. Roosts in habitat dense foliage of medium to large trees. Feeds primarily on moths. Requires water. Least Bell's vireo Federal: FE Dense riparian habitats with a Does not occur Vireo bellii pusillus State: SE stratified canopy, including on site due to a CDFG: None southern willow scrub, mule fat lack of suitable scrub, and riparian forest. habitat Light- footed clapper rail Federal: FE Marsh vegetation of coastal Does not occur Rallus fongirostris levipes State: SE wetlands. on site due to a CDFG: CFP lack of suitable habitat Mexican long- tongued bat Federal: None Occasionally found in San Does not occur Choeronycleris mezicana State: None Diego County, which is on the on site due to a CDFG: CSC periphery of its range. Feeds on lack of suitable nectar & pollen of night- habitat blooming succulents. Roosts in relatively well -lit caves, & in & around buildings. Mimic tryonia Federal: None Coastal lagoons, estuaries, and Does not occur Trvonia imitator State: None salt marshes. on site due to a CDFG: None lack of suitable habitat Monarch butterfly (wintering) Federal: None Roosts in winter in wind- Does not occur Danaus pterippus State: None protected tree groves along the on site due to a California coast from northern lack of suitable Mendocino to Baja California, habitat Mexico. Larry Tucker August 25, 2008 Page 11 Potential for Species Name Status Habitat Requirements Occurrence Northern red - diamond rattlesnake Federal: None Habitats with heavy brush and Does not occur Crotalus ruber State: None rock outcrops, including coastal on site due to a CDFG: CSC sage scrub and chaparral. lack of suitable habitat Orange - throated whiptail Federal: None Coastal sage scrub, chaparral, Does not occur Aspidoscelis hyperythrus State: None non - native grassland, oak on site due to a CDFG: CSC woodland, and juniper lack of suitable woodland. habitat Osprey Federal: None Ocean shore, bays, fresh -water Does not occur Pandion haliaetus State: None lakes, and larger streams. on site due to a CDFG: CSC Builds large nests in tree -tops lack of suitable within 15 miles of good fish- habitat producing body of water. Pacific pocket mouse Federal: FE Fine, alluvial soils along the Does not occur Perognathus longimembris State: None coastal plain. Scarcely in rocky on site due to a pacificus CDFG: CSC soils of scrub habitats. lack of suitable habitat Riverside fairy shrimp Federal: FE Restricted to deep seasonal Does not occur Streptocephalus woottoni State: None vernal pools, vernal pool -like on site due to a CDFG: None ephemeral ponds, and stock lack of suitable ponds. habitat Rosy boa Federal: None Coastal sage scrub, chaparral, Does not occur Charina trivirgata roseofusca State: None or mixed habitats, commonly on site due to a CDFG: CSC with rocky soils and outcrops. lack of suitable. Also in oak woodlands and habitat riparian areas bordering scrub habitats. San Diego desert woodrat Federal: None Occurs in a variety of shrub and Does not occur Neotoma lepida intermedia State: None desert habitats, primarily on site due to a CDFG: CSC associated with rock outcrops, lack of suitable boulders, cacti, or areas of habitat dense undergrowth. San Diego fairy shrimp Federal: FE Seasonal vernal pools Does not occur Branchinecta sandiegonensis State: None on site due to a CDFG: CSC lack of suitable habitat Sandy beach tiger beetle Federal: None Coastal sand dunes Does not occur Cicindela hirticollis gravida State: None on site due to a CDFG: None lack of suitable habitat Larry Tucker August 25, 2008 Page 12 Potential for Species Name Status Habitat Requirements Occurrence Santa Ana speckled dace Federal: None Occurs in the headwaters of the Does not occur Rhinichthys osculus State: None Santa Ana and San Gabriel on site due to a CDFG: CSC Rivets. May be extirpated from lack of suitable the Los Angeles River system habitat Requires permanent flowing streams with summer water temperatures of 17 -20 C. Usually inhabits shallow cobble and gravel riffles. Santa Ana sucker Federal: FT Small, shallow streams, less Does not occur Catostomus sawaanae State: None than 7 meters in width, with on site due to a CDFG: CSC currents ranging from swift in lack of suitable the canyons to sluggish in the habitat bottom lands. Preferred substrates are generally coarse and consist of gravel, rubble, and boulders with growths of filamentous algae, but occasionally they are found on sand /mud substrates. Southern California saltmarsh Federal: None Occurs in coastal marshes in Does not occur shrew State: None Los Angeles, Orange, and on site due to a Sores ornatus salicornicus CDFG: CSC Ventura Counties. Requires lack of suitable dense vegetation and woody habitat debris for cover. Southwestern pond turtle Federal: FSC Slow- moving permanent or Does not occur Clemmys marmorata pallida State: None intermittent streams, small on site due to a CDFG: CSC ponds and lakes, reservoirs, lack of suitable abandoned gravel pits, habitat permanent and ephemeral shallow wetlands, stock ponds, and treatment lagoons. i Abundant basking sites and cover necessary, including logs, rocks, submerged vegetation, and undercut banks. Larry Tucker August 25, 2008 Page 13 Potential for Species Name Status Habitat Requirements Occurrence Tidewater goby Federal: FE Occurs in shallow lagoons and Does not occur Eucyclobobius newberryi State: None lower stream reaches along the on site due to a CDFG: CSC California coast from Agua lack of suitable Hedionda Lagoon, San Diego habitat Co. to the mouth of the Smith River. Two - striped garter snake Federal: None Aquatic snake typically Does not occur Thamnophis hammondii State: None associated with wetland habitats on site due to a CDFG: CSC such as streams, creeks, and lack of suitable pools. habitat Western beach tiger beetle Federal: None Occurs at mudflats and beaches Does not occur Cicindela latesignata latesignata State: None in coastal southern California. on site due to a CDFG: None lack of suitable habitat Western mastiff bat Federal: None Occurs in many open, semi -arid Does not occur Eumops perotis cafifornicus State: None to and habitats, including on site due to a CDFG: CSC conifer and deciduous lack of suitable woodlands, coastal scrub, habitat grasslands, and chaparral. Roosts in crevices in cliff faces, high buildings, trees, and tunnels. Western snowy plover Federal: FT Sandy or gravelly beaches Does not occur Charadrius alarandrinus nivosus State: None along the coast, estuarine salt on site due to a CDFG: CSC ponds, alkali lakes, and at the lack of suitable Salton Sea. habitat Western spadefoot Federal: FSC Seasonal pools in coastal sage Does not occur Scaphiopus hammondii State: None scrub, chaparral, and grassland on site due to a CDFG: CSC habitats. lack of suitable habitat Western tidal -flat tiger beetle Federal: None Inhabits estuaries and mudflats Does not occur Cicindela gabbii State: None along the coast of southern on site due to a CDFG: None California. Generally found on lack of suitable dark - colored mud in the lower habitat zone; occasionally found on dry saline flats of estuaries. Larry Tucker August 25, 2008 Page 14 Species Name Status Habitat Requirements Potential for Occurrence White - tailed kite (nesting) Federal: FSC Low elevation open grasslands, Very low Elanus leucums State: None savannah -like habitats, potential to CDFG: CFP agricultural areas, wetlands, and occur on site oak woodlands. Dense for foraging; canopies used for nesting and however, does cover. not breed on site due to lack of suitable nesting habitat. Yuma myotis Federal: None Occurs in open forests and Does not occur Myotis yumanewis State: None woodlands with sources of on site due to a CDFG: None water over which to feed. lack of suitable Maternity colonies are in caves, habitat mines, buildings, or crevices. Federal State FE — Federally Endangered SE — State Endangered FT — Federally Threatened ST — State Threatened FPT — Federally Proposed Threatened FSC — Federal Species of Concern CDFG CSC — California Species of Concern CFP — California Fully- Protected Species Coastal California Gnatcatcher (Polioptila californica californica) The coastal California gnatcatcher (CAGN) is a federally listed threatened species. This small songbird is a year - round, obligate resident of coastal sage scrub communities in southern California and northwestern Baja California, Mexico. CAGN is insectivorous, and nests and forages in moderately dense stands of sage scrub occurring on and hillsides, mesas, and in washes. CAGN generally occur below 1,200 feet in elevation. Coastal sage scrub communities dominated by California sagebrush (Artemisia californica), California buckwheat (Eriogonum fasciculatum), white sage (Salvia apiana), and black sage (Salvia mellifera) are preferred by this species. Loss and fragmentation of suitable habitat due to expanding development have been major factors in the decline of this bird in southern California. Larry Tucker August 25, 2008 Page 15 This species typically nests in areas with less than 40 percent slope, and requires at a minimum a patch of scrub of at least 0.5 acre for nesting ". Given the steepness of the slope and small size of the patch of scrub on sites (0.29 acre within the property), and the distance of this fragmented patch from large, contiguous areas of scrub habitat, CAGN would not breed on site. It is possible, although unlikely, that a dispersing individual could briefly utilize the site for rest and forage at the beginning or end of the nesting season. Special- Status Plants No special- status plants were observed at the property during site reconnaissance, and none are expected to occur due to the high degree of disturbance on the site, lack of native soils, and presence of fill material. Table 2 provides a summary of all plants considered for the biological overview. Species were considered based on a number of factors, including: 1) species identified by the March 2008 CNDDB as occurring (either currently of historically) on or in the vicinity of the property, 2) any other special - status plants that are known to occur within the vicinity of the property, or for which potentially suitable habitat occurs on site. Following the table, additional discussions are provided for any special - status plants observed on site, for which potentially suitable habitat occurs on the property, and/or for which additional discussion is necessary for other reasons. Table 2. Special- status plants considered for the property. Species Name Status Habitat Requirements Potential for Occurrence Aphanisma Federal: None Coastal bluff Scrub, coastal dunes, Does not occur Aphanisma blitoides State: None coastal dune scrubs on site due to a CNPS: List 1B.2 lack of suitable habitat Blochman's dudleya Federal: None Coastal bluff scrub, chaparral, Does not occur Dudleya blochmaniae ssp. State: None coastal sage scrub, valley and on site due to a blochmaniae CNPS: List 1B.1 foothill grassland. Rocky soils, lack of suitable often of clay or serpentinite. habitat 4 Mock, P. 2004 California Gnatcatcher (Polipfila ca /ifomica). In The Coastal Scrub and Chaparral Bird Conservation Plan: a strategy for protecting and managing coastal scrub and chaparral habitats and associated birds in California. California Partners in Flight. htt p:// www. prbo .org/caipuflhtmldoes /scrub.htmi s The patch of scrub adjacent to the buildable area covers 0.34 acre; however, only 0.29 acre of the scrub is within the parcel proposed for development. Larry Tucker August 25, 2008 Page 16 Potential for Species Name Status Habitat Requirements Occurrence Chaparral bear grass Federal: None Chaparral, coastal sage scrub. Does not occur Nolina cismontana State: None Occurring on sandstone or gabbro on site due to a CNPS: List 1B.2 substrates. lack of suitable habitat Chaparral sand verbena Federal: None Sandy soils in chaparral, coastal Does not occur Abronia villosa var. aurita State: None sage scrub. on site due to a CNPS: List 1B.1 lack of suitable habitat Cliff spurge Federal: None Coastal bluff scrub and coastal Does not occur Euphorbia misera State: None sage scrub. Occurring on rocky on site due to a CNPS: List 2.2 _ soils. lack of suitable habitat Coast woolly -heads Federal: None Coastal dunes Does not occur Nemacaulis denudata var. State: None on site due to a denudata CNPS: List 1B.2 lack of suitable habitat Coulters goldfields Federal: None Playas, vernal pools, marshes and Does not occur Lasthenia glabrata ssp. State: None swamps (coastal salt). on site due to a coulteri CNPS: List 1B.1 lack of suitable habitat Coulter's saltbush Federal: None Coastal bluff scrub, coastal dunes, Does not occur Atriplex coulteri State: None coastal sage scrub, valley and on site due to a CNPS: List 1B.2 foothill grassland. Occurring on lack of suitable alkaline or clay soils. habitat Big - leaved crownbeard Federal: FT Southern maritime chaparral, Does not occur Verbesina dissita State: ST coastal sage scrub on site due to a CNPS: List 1B.1 lack of suitable habitat Davidson's saltscale Federal: None Alkaline soils in coastal sage scrub, Does not occur Atriplex serenana var. State: None coastal bluff scrub. on site due to a davidsonii CNPS: List IB.2 lack of suitable habitat Estuary seablite Federal: None Coastal salt marsh and swamps. Does not occur Suaeda esteroa State: None Occurring in sandy soils on site due to a CNPS: List 1B.2 lack of suitable habitat Intermediate mariposa. lily Federal: None Rocky soils in chaparral, coastal Does not occur Calochortus weedii var. State: None sage scrub, valley and foothill on site due to a intermedius CNPS: List 1B.2 grassland, lack of suitable habitat Laguna beach dudleya Federal: FT Chaparral, cismontane woodland, Does not occur Dudleya stolonifera State: ST coastal sage scrub, valley and on site due to a CNPS: List 1B.2 foothill grassland. Occurring on lack of suitable rocky soils. habitat Larry Tucker August 25, 2008 Page 17 Potential for Species Name Status Habitat Re uirements Occurrence Los Angeles sunflower Federal: None Marshes and swamps (coastal salt Does not occur Helianthus nuttallii ssp. State: None and freshwater). Historical from on site due to a Parishii CNPS: List 1 A Southern California. 5- 1675m. lack of suitable presumed extinct habitat in CA Many - stemmed dudleya Federal: None Chaparral, coastal sage scrub, Does not occur Dudleya mullicaulis State: None valley and foothill grassland. on site due to a CNPS: List IB.2 Often occurring in clay soils. lack of suitable habitat Mesa horkelia Federal: None Chaparral, cismontane woodland, Does not occur Horkelia cuneata ssp. State: None and coastal scrub. Occurring on on site due to a puberula CNPS: List 1 B.1 sandy or gravelly soils. lack of suitable habitat Mud nama Federal: None Marshes and swamps Does not occur Nama stenocarpum State: None on site due to a CNPS: List 2.2 lack of suitable habitat Nuttall's scrub oak Federal: None Closed -cone coniferous forest, Does not occur Quercus dumosa State: None chaparral, and coastal sage scrub. on site due to a CNPS: List I B.1 Occurring on sandy, clay loam lack of suitable soils. habitat Orcutt's pincushion Federal: None Coastal bluff scrub (sandy soils) Does not occur Chaenactis glabriuscula State: None and coastal dunes. on site due to a var. orcuttiana CNPS: List 1B.1 lack of suitable habitat Parish's brltdescale Federal: None Chenopod scrub, playas, vernal Does not occur Atriplex parishii State: None pools. on site due to a CNPS: List IBA lack of suitable . habitat Prostrate navarretia Federal: None Coastal sage scrub, valley and Does not occur Navarretia prostrala State: None foothill grassland (alkaline), vernal on site due to a CNPS: List 1B.1 pools. Occurring in mesic soils. lack of suitable habitat Rayless ragwort Federal: None Chaparral, cismonitne woodland, Does not occur Senecio aphanactis State: None coastal sage scrub. Occurring on on site due to a CNPS: List 2.2 alkaline soils. lack of suitable habitat Salt marsh bird's -beak Federal: FE Coastal dune, coastal salt marshes Does not occur Cordylanthus maritimus ssp. State: SP and swamps. on site due to a maritimus CNPS: List 1B.2 lack of suitable habitat Larry Tucker August 25, 2008 Page 18 Federal State FE - Federally Endangered SE - State Endangered FT - Federally Threatened ST — State Threatened CNPS List 1 B - Plants rare, threatened, or endangered in California and elsewhere, List 2 - Plants rare, threatened, or endangered in California, but more common elsewhere. List 3 — Plants about which more information is needed. Potential for Species Name Status Habitat Requirements Occurrence San Bemadino aster Federal: None Cismontane woodland, coastal Does not occur Symphyotrichum defoliatum 'State: None scrub, lower montane coniferous on site due to a CLAPS: List 1 B.2 forest, meadows and seeps, lack of suitable marshes and swamps, valley and habitat _ foothill grassland (vernally mesic)/ near ditches, streams s nn s San Fernando Valley Federal: Coastal sage scrub, occurring on Does not occur spineflower Candidate sandy soils. on site due to a Chorizanthe panyi var. State: SE lack of suitable ernandina CLAPS: List 113.1 habitat Santa Ana River woolly star Federal: FE Alluvial fan sage scrub, chaparral. Does not occur Eriastrum densifolium ssp. State: SE Occurring on sandy or rocky soils. on site due to a sanetomm CLAPS: List 111.1 lack of suitable habitat South coast saltseale Federal: None Coastal bluff scrub, coastal dunes, Does not occur Atriplex pacifica State: None coastal sage scrub, playas.- on site due to a CNPS: List 1 B.2 - lack of suitable habitat Southern tarplant Federal: None Disturbed habitats, margins of Does not occur Centromadia parryi ssp. State: Rare marshes and swamps, vernally on site due to a australus CNPS: List 113.1 mesic valley and foothill grassland, lack of suitable vernal pools. habitat Summer holly Federal: None Chaparral. Does not occur Comarostaphylos State: None on site due to a diversifolia ssp. diversifolia CNPS: List 1B.2 lack of suitable habitat Thtead- leaved brodiaea Federal: FT Clay soils in chaparral (openings), Does not occur Brodiaea filifolia State: SE cismontane woodland, coastal sage on site due to a CNPS: List IBA scrub, playas, valley and foothill lack of suitable grassland, vernal pools. habitat White rabbit - tobacco Federal: None Chaparral, cismontane woodland, Does not occur Pseudognaphalium State: None coastal scrub, and riparian on site due to a Imeocephalum CNPS: List 2.2 woodland in sandy and gravelly lack of suitable soils. habitat Federal State FE - Federally Endangered SE - State Endangered FT - Federally Threatened ST — State Threatened CNPS List 1 B - Plants rare, threatened, or endangered in California and elsewhere, List 2 - Plants rare, threatened, or endangered in California, but more common elsewhere. List 3 — Plants about which more information is needed. Larry Tucker August 25, 2008 Page 19 Threat Code extension .1 — Seriously endangered in California (over 80% occurrences threatened) .2 — Fairly endangered in California (20 -80% occurrences threatened) .3 — Not very endangered in California ( <20% of occurrences threatened or no current threats known) Special- Status Habitats A review of the March 2008 CNDDB identified the following special - status habitats as occurring within the Tustin, Laguna Beach, Newport Beach, San Juan Capistrano, Orange, Dana Point, and El Toro Quadrangles quadrangles: Southern California Arroyo Chub /Santa Ana Sucker Stream, Southern Coast Live Oak Riparian Forest, Southern Coastal Salt Marsh, Southern Cottonwood Willow Riparian Forest, Southern Dune Scrub, Southern Foredunes, Southern Riparian Scrub, Southern Sycamore Alder Riparian Woodland, Valley Needlegrass Grassland. No special- habitats occur on site, including those identified in the CNDDB. Critical Habitat The property does not occur within any USFWS critical habitat areas. Migratory Bird Treaty Act Considerations The property currently contains trees, shrubs, and groundcover that have the potential to support nesting birds. Impacts to such species are prohibited under the Migratory Bird Treaty Act. Corns /CDFG Jurisdiction The property contains no potential areas of Corps /CDFG jurisdiction. 6 The META makes it unlawful to take, possess, buy, sell, purchase, or barter any migratory bird listed in 50 C.F.R. Part 10, including feathers or other parts, nests, eggs, or products, except as allowed by implementing regulations (50 C.F.R.21). In addition, sections 3505, 3503.5, and 3800 of the California Department of Fish and Game Code prohibit the take, possession, or destruction of birds, their nests or eggs. Larry Tucker August 25, 2008 Page 20 IV. IMPACT ANALYSIS The following discussion examines the potential impacts to plant and wildlife resources that may occur as a result of implementation of the Project. Project - related impacts can occur in two forms, direct and indirect. Direct impacts are considered to be those that involve the loss, modification or disturbance of plant communities, which in turn, directly affect the flora and fauna of those habitats. Direct impacts also include the destruction of individual plants or wildlife, which may also directly affect regional population numbers of a species or result in the physical isolation of populations thereby reducing genetic diversity and population stability. Other impacts, such as loss of foraging habitat, can occur although these areas or habitats are not directly removed by project development; i.e., indirect impacts. Indirect impacts can also involve the effects of increases in ambient levels of noise or light, unnatural predators (i.e., domestic cats and other non - native animals), competition with exotic plants and animals, and increased human disturbance such as hiking and dumping of green waste on site. Indirect impacts may be associated with the subsequent day - today activities associated with project build -out, such as increased traffic use, permanent concrete barrier walls or chain -link fences, exotic ornamental plantings that provide a local source of seed, etc., which may be both short -term and long -term in their duration. These impacts are commonly referred to as "edge effects" and may result in a slow replacement of native plants by exotics, and changes in the behavioral patterns of wildlife and reduced wildlife diversity and abundance in habitats adjacent to project sites. Potential significant adverse effects, either directly or through habitat modifications, on any special- status plant, animal, or habitat that could occur as a result of project development, are discussed below. California Environmental Quality Act Thresholds of Significance Environmental impacts relative to biological resources are assessed using impact significance threshold criteria, which reflect the policy statement contained in CEQA, Section 21001(c) of the California Public Resources Code. Accordingly, the State Legislature has established it to be the policy of the State of California: "Prevent the elimination offish or wildlife species due to man's activities, ensure that fish and wildlife populations do not drop below self - perpetuating levels, and preserve for future generations representations of all plant and animal communities... " Larry Tucker August 25, 2008 Page 21 Determining whether a project may have a significant effect, or impact, plays a critical role in the CEQA process. According to CEQA, Section 15064.7 (Thresholds of Significance), each public agency is encouraged to develop and adopt (by ordinance, resolution, rule, or regulation) thresholds of significance that the agency uses in the determination of the significance of environmental effects. A threshold of significance is an identifiable quantitative, qualitative or performance level of a particular environmental effect, non - compliance with which means the effect will normally be determined to be significant by the agency and compliance with which means the effect normally will be determined to be less than significant. In the development of thresholds of significance for impacts to biological resources CEQA provides guidance primarily in Section 15065, Mandatory Findings of Significance, and the CEQA Guidelines, Appendix G, Environmental Checklist Form. Section 15065(a) states that a project may have a significant effect where: "The project has the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or wildlife community, reduce the number or restrict the range of an endangered, rare, or threatened species, ... " Therefore, for the purpose of this analysis, impacts to biological resources are considered potentially significant (before considering offsetting mitigation measures) if one or more of the following criteria discussed below would result from implementation of the proposed project. Criteria for Determining Significance Pursuant to CEQA Appendix G of the 1998 State CEQA guidelines indicate that a project may be deemed to have a significant effect on the environment if the project is likely to: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service. b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U S. Fish and 9, ildlife Service. c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal Larry Tucker August 25, 2008 Page 22 pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means. d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites. e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance. J) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. Direct Proiect Impacts At this time, the precise development and grading plans for the proposed residential lot are not available. However, the buildable area of the proposed lot has been identified, as depicted on the attached Vegetation Map [Exhibit 3]. Therefore, this impact analysis assumes that all vegetation within the buildable area will be impacted. A summary of vegetation impacts is given in Table 3 below. TABLE 3. Summary of Potential Impacts (Acres) by Vegetation Associations Occurring with the Buildable Area. Vegetation Association Total on Site acres Buildable Area (acres) Mixed Sae Scrub /Chen od Scrub 0.29 0.008 Ruderal 0.49 0.39 Ruderal/Omamental 0.06 0.0001 Southern Willow Scrub 0.04 0.04 Ornamental 0.82 0.11 Disturbed 0.18 0.15 TOTAL 1.88 0.70 Impacts to ruderal, ornamental, and disturbed areas would not be considered significant as these areas have low habitat value and have no potential to support special status flora or fauna. Given that the mixed sage scrub /chenopod scrub located on the hillside adjacent to the buildable has no potential to support special status flora or fauna, including the coastal California gnatcatcher, Larry Tucker August 25, 2008 Page 23 impacts to 0.008 acre of mixed sage scrub /chenopod scrub would not be significant. As previously stated, the 0.04 acre of southern willow scrub onsite is not associated with a jurisdictional drainage or wetland, and therefore impacts to this association would not be significant. Indirect Effects No indirect effects are anticipated as a result of the proposed residential lot. Recommended Mitigation Measures The Project Site has some potential to support nesting migratory birds. Impacts to such species are prohibited under the Migratory Bird Treaty Act (MBTA) and California Fish and Game Code.7 In order to ensure that the proposed project will not impact nesting migratory birds, the following mitigation measure is recommended: If vegetation is to be removed during the nesting season, recognized from February 1 through August 31, a qualified biologist will conduct a nesting bird survey of potentially suitable nesting vegetation no more than three days prior to vegetation removal. If active nests are identified during nesting bird surveys, then the nesting vegetation will be avoided until the nesting event has completed and the juveniles can survive independently from the nest. The biologist will flag the active nesting vegetation, and will establish an adequate buffer around the nesting vegetation of 300 feet (500 feet for raptors). If active nests are identified, clearing/grading shall not occur within the buffer until the nesting event has completed. With the implementation of the above mitigation measure, the project impacts will be reduced to less than significant pursuant to CEQA. ' The MBTA makes it unlawful to take, possess, buy, sell, purchase, or barter any migratory bird listed in 50 C.F.R. Part 10, including feathers or other parts, nests, eggs, or products, except as allowed by implementing regulations (50 C.F.R.21). In addition, sections 3505, 3503.5, and 3800 of the California Department of Fish and Game Code prohibit the take, possession; or destruction of birds, their nests or eggs. 0 CL v a 0 3 c cn M cn d d D m c m CL m CD z p 1 II` 2 N F m (n A a BIG CANYON (RESIDENTIAL LOT PROPOSAL Imo-• • .• GLENN LUKOS ASSOCIATES EXHIBIT 1 CL CD CL 0 3 c G) c n v v CL co v CD Z O m S 0 0 0 0 m N mo mo -i P 0 0 0 Legend Project Boundary Buildable Area Vegetation Type and Code - Disturbed, 1.6.1 Mixed Sage Scrub/Chenopod`Scrub, 2.3;1012.7 Ornamental. 15.5 Ruderal, 4.6 ,; fib Ruderal / ornamental, 4.6115.5 Southern Willow Scrub, 7.2 N A PHOTOGRAPH 1. Southeast facing view of disturbed area and ruderal vegetation. PHOTOGRAPH 2. Northeast facing view of slope vegetated with mixed sage scrub and chenopod scrub. v) w Q U 0 cn U) Q CO 0 Y Z z w J r, �r m To X w PHOTOGRAPH 3. Northwest - facing view of graded pad. Note the dis- turbed nature of the site and the mulch covering much of the area. PHOTOGRAPH 4. East- facing view of ornamental vegetation, including pampas grass, pride of Madeira, and myoporum, in the southeast corner of the site. U) w I- Q U 0 CIOt!1 Q 0 J z z w J INV, �r m x w Exhibit "B" Mitigation Monitoring Report Program EXHIBIT - B Mitigation Monitoring and Reporting Program Big Canyon General Plan Amendment and Subdivision Newport Beach, CA Mitigation Monitoring and Reporting Program Big Canyon General Plan Amendment and Subdivsion Page 1 V ' Method of Timing of No. Miti ation Measure Verification Implementation Res onsibilit iology The project site has some potential to support nesting migratory birds. Impacts to such species are prohibited under the Migratory Bird Treaty Act (MBTA) and California Fish and Game Code. In order to ensure that the proposed project will not impact nesting migratory birds, the following mitigation measure is recommended: If vegetation is to be removed during the nesting season, recognized from February 1 through August MM -1 31, a qualified biologist will conduct a nesting bird survey of potentially suitable nesting vegetation no Survey from a qualified Prior to Issuance of the Applicant more than three days prior to vegetation removal. If biologist grading permit Planning Department active nests are identified during nesting bird surveys, then the nesting vegetation will be avoided until the nesting event has completed and the juveniles can survive independently from the nest. The biologist will flag the active nesting vegetation, and will establish an adequate buffer around the nesting vegetation of 300 feet (500 feet for raptors). If active nests are identified, clearing/grading shall not occur within the buffer until the nesting event has completed. Cultural Resources Prior to approval of a grading plan, the property owner /developer shall submit a letter to the Planning Department showing that a qualified archaeologist has been hired to ensure that the following actions are implemented. The archaeologist must be present at the pregrading conference in order to establish MM -2 procedures for temporarily halting or redirecting Letter from a qualified Prior to Issuance of the Applicant work to permit the sampling, identification, and archaeologist grading permit evaluation of artifacts if potentially significant planning Department artifacts are uncovered. If artifacts are uncovered and determined to be significant, the archaeological observer shall determine appropriate actions in cooperation with the property owner /developer for exploration and /or salvage. Specimens that are collected prior to or during the Mitigation Monitoring and Reporting Program Big Canyon General Plan Amendment and Subdivsion Page 1 V ' N No. Mitigation Measure Method of Verification Timing of Implementation Responsibility grading process will be donated to an educational or research institution. • Any archaeological work at the site shall be conducted under the direction of the certified archaeologist. If any artifacts are discovered during grading operations when the archaeological monitor is not present, grading shall be diverted around the area until the monitor can survey the area. A final report detailing the findings and disposition of the specimens shall be submitted to the City Engineer. Upon Completion of the grading, the archaeologist shall notify the City as to when the final report will be submitted. Prior to approval of a grading plan, the property ownerideveiop shall submit a fetter to the Planning Department showing that a certified paleontologist has been hired to ensure that the following actions are implemented: • The paleontologist must be present at the pregrading conference in order to establish procedures to temporarily halt or redirect work to permit the sampling, Identification, and evaluation of fossils. If potentially significant materials are discovered, the paleontologist shall determine appropriate actions in cooperation with the property owner /developer for exploration and/or salvage. Letter from a qualified Prior to Issuance of the Applicant MM -3 • Specimens that are collected prior to or during the paleontologist grading permit grading process will be donated to an appropriate Planning Department educational or research institution. • Any paleontological work at the site shall be conducted under the direction of the certified paleontologist. If any fossils are discovered during grading operations when the paleontological monitor is not present, grading shall be diverted around the area until the monitor can survey the area. • A final report detailing the findings and disposition of the specimens shall be submitted. Upon the completion of the grading, the paleontologist shall notify the City as to when the final report will be " submitted. Mitigation Monitoring and Reporting Program Sig Canyon General Plan Amendment and Subdivsion Page 2 Exhibit "C" General Plan Amendment EXHIBIT - C i1 0 0 L 1 GP OroMew.mud JanuaNQ0W 0 CITY of NEWPORT BEACH GENERALPLAN Figure LU7 GENERALPLAN OVERVIEW MAP xe nMd MMgh dwop4 L_ m� 5ngi unR Reddenlid De,=C WA] Nngl Unll RapO NU AttIX d ® TwuUrvt ReSHenlld _ "Jple UnR RO Mntd _NNtlllp nd Radenlall twhe Mullnspa it ResidenXa/ Opbn5p0m Cpmmendd MaMCM and CalMOn LJ Ne gn wrnOW Canmemla U Caddo Canme¢id -Genera C.1d - MWor Sarong Commadd -Re0'e Cal rddOM Mpine ndC - ReBlond Comma'dd G..lC ..la Uk. wdlcd , COm re id OMCe R &nd Canmad01 Onlce M"Mal Dwft ® bduNnol AYppdS MI gDlMda Wrpod olllce aWS Wing Wb Mlaed -We damde L��- IMaba U,e vemnd Iw MweO Ue HOrizcnld FN*Mw.dU.Wd.rRel&ed P.Wk. Sad -Pudic and Ina tpX PuhYC FmYIAOs I�ViIVp}p n511NXM5 _Part ond�Cre on IL C nsWC �•r (RB]ItHnI101 use, , V nW IOCquY 6 pelmmenl Open spOCe) ® tltlelml aM Submergetl Lmd �aSV CRy Ol Newporl2eaU EOUndON 1i Sfofislicd ArbaBWndO'y L }N • 0 0 LU2_L Wor_Map.mxh l January2008 CITY of NEWPORT BE GENERALPLAN Figure LU2 INDEX MAP Residenhd Nelghbwho e 01 Srgle-Une Reg nibl Derachetl a yrgle-um RB mnW Aff Ch Twn tResdenhd _ MuM kUnM RwdeniW _MuWb nt Reptl D hec. MWNpI "R Retl Od/ Open Spoce Commem W Db and Ca om NalghC oN Cwnmercd a CwMw COmmerdtl - Generd Commerdd -MW rS., CammaclW -Recreallorud and Moire Cwnmerdd _ Reglond Cammerdd Comm wld CMhce Wa Cb G .l CP .dd"lice Medcd Commemlal O Regbnd Commerdol MO MduaMW DbMeb FdUShgl Ahead Sappcdl gDbMeb I Ajr MW4 Mr a SUPPanbglbw -v] Mu. Use Varied Aj Mixe Use Hovonid r *M.ed U. WWerR Wp pw k, Semi -p lc a Iaeh10 PUdlc r�IRiei -"Mate lruhlalla'e -Porlu and Recreahon Open Spate Op s acce%bnNd VJbge a galmtl as permanent open wace) I� ilddmtls aM Subnerged Loves N0� Clry of NewpoR B9atM1 eoweoy LU13_Ne"onCeMermW Juy02007 0 CITY of NEWPORT BEACH GENERALPLAN Figure LU13 STATISTICAL AREAS Fl, Ll, L2, M1 -M5 �aw'elamld ualahbaft d. u Sn I"w wMeam d oemcnad 9nja lReddemkl AttoCned iwo-Unb Refitlenibl - MdNpla um Reddedid - MMIple-w Rondon" Oe,a , Cg11rr1RRld DMdeh *ad Cdaida. 0 Nelpndrnnood Cammerdd LI CorNdor Comnrerdol -GenerdC nrn.b iiiii■vwarS ln9 cmme l -R eaXOnd and Mahn Camnremld - Reoand Can,,n.d Calnrrwrcidl OlSee Dbhkh �Genertl cammaroalornce Metlkal Commerdd ORke ReRlonol CommeMd Omce Indaddd Dbldd. Y dwawl mqm 5uppc Xw Dis. ch �1 Airport CttACe ond3uppomrg USr Mined -U.a DI b � We Mamc Meal U. Hokontd L Mi.ed U. ware, Rdaled Pudk, Selrll-PLldla pM SaSl nai L�F- PWlk Inwt F -PrNale lnAlNaarre -Pa..w Reuedlon =Opens... Tiaelaxs and Wlane WLolls r`S CXyd Newpod Beall Swndary Bc �IArea F1 •• Land We Uelnealor line • Relar to anomtlylaWe (T' Exhibit "D" TENTATIVE PARCEL MAP AND CONDITIONS OF APPROVAL EXHIBIT - D a� CONDITIONS OF APPROVAL Tentative Parcel Map No. NP2008 -111 (PA 2007 -210) 1. The Map shall be in substantial conformance with the Tentative Parcel Map dated August 4, 2008, except as noted in the following conditions. 2. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. The Tentative Parcel Map shall expire within 24 months from the date of approval unless extensions are granted prior to expiration in accordance with the Subdivision Ordinance and Subdivision Map Act. 4. Height of proposed future residences shall be measured from natural grade as depicted on the topographic survey prepared by Walden & Associates on August 4, 2008, for the subject site. 5. To the fullest extent permitted by law, the applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the General Plan Amendment No. GP2007 -008, Planned Community Development Plan No. PD2007 -005 and Parcel Map No. NP2007 -029; and /or the City's related California Environmental Quality Act determinations. 6. The applicant is required to obtain all applicable permits from the Building and Fire Departments. The construction plans must comply with the most recent, City- adopted version of the California Building Code. 7. The applicant shall be responsible for the payment of all administrative costs identified by the Planning Department within 30 days of receiving a final notification of costs or prior to the release for recordation of the parcel map. 8. " Prior to the recordation of the parcel map, park dedication fees for one dwelling unit shall be paid in accordance with Chapter 19.52 of the Newport Beach Municipal Code. 9. A parcel map shall be recorded and prepared on the California coordinate system (NAD83). Prior to recordation of the map, the surveyor /engineer preparing the map shall submit to the County Surveyor and the City of Newport Beach a digital - graphic file of said map in a manner described in Section 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County .73 Subdivision Manual, Subarticle 18. The map to be submitted to the City of Newport Beach shall comply with the City's CADD Standards. Scanned images will not be accepted. 10. Prior to recordation of the parcel map, the surveyor /engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Sections 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be set On Each Lot Corner unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of the construction project. 11. All existing overhead utilities shall be undergrounded. 12. An encroachment permit is required for all work activities within the public right -of- way or easement area. 13. All improvements shall comply with the City's sight distance requirement. See City Standard 110 -L. 14. All on -site drainage shall comply with the latest City Water Quality requirements. 15. Water meter and the sewer cleanout will be located in the public right -of -way. III installed at a location that will be subjected to vehicle traffic, each shall be installed with a traffic -grade box and cover. 16. Backing out onto Big Canyon Drive shall be prohibited. 17. As part of the proposed single - family development, the applicant shall provide information showing the proposed storm drain system and site drainage. This shall be submitted during the plan check process. 18. As part of the proposed single - family development, the applicant shall prepare a soils report. This shall be submitted during the plan check process. 19. No permanent structures can be built within the limits of the easements on the subject site. Al ATTACHMENT 2 Draft City Council Ordinance aS ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT NO. PD2007 -005 (PA2007 -210) WHEREAS, an application was filed for a General Plan Amendment, Planned Community Development Plan Amendment, and Parcel Map by the Big Canyon Country Club, with respect to a 1.9 -acre property located on the north side of Big Canyon Drive, between Rue Biarritz and Rue Villars; and WHEREAS, the project includes a General Plan Amendment, Planned Community Development Plan Amendment, and Parcel Map to allow the development of a new, single - family dwelling on a portion of the Big Canyon golf course. The General Plan Amendment would change the land use category from "Parks and Recreation" (PR) to "Single Unit Residential — Detached" (RS -D). The Planned Community Development Plan Amendment would amend the Big Canyon Planned Community Development Plan to change the land use designation from "Golf Course" to "Low Density Residential; and WHEREAS, on December 4, 2008, the Planning Commission conducted a public hearing in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting; and WHEREAS, at the December 4, 2008, public hearing, the Planning Commission received public comments and voted (5 ayes and 2 absent) to recommend approval of the proposed Planned Community Development Plan Amendment; and WHEREAS, a public hearing was held by the Newport Beach City Council on January 27, 2009, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place, and purpose of the meeting was given in accordance with the Municipal Code and State Law. Evidence, both written and oral, was presented to and considered by the City Council at this meeting; and WHEREAS, an amendment to the Planned Community Development Plan is a legislative act. Neither the City nor State Planning Law set forth any required findings for either approval or denial of such amendments; and WHEREAS, the proposed subdivision of a 82,764- square -foot lot is consistent with the 8,000- square -foot minimum lot size for the Low Density Residential planning area within the Big Canyon Planned Community; and WHEREAS, a Mitigated Negative Declaration was completed and circulated for a mandatory 20 -day public- review period that began on November 7, 2008, and concluded .ml.1 on December 1, 2008. Comments on the Mitigated Negative Declaration were considered by the Planning Commission at the December 4, 2008; and WHEREAS, a Mitigation Monitoring Report Program was completed to implement all mitigations required by the Mitigated Negative Declaration; and THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: The Big Canyon Planned Community District Regulations shall be amended as provided in Exhibit "A ", with all other provisions of the existing Planned Community District Regulations remaining unchanged and in full force and effect. SECTION 2: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same shall become effective thirty (30) days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on January 27, 2009, and adopted on February 10, 2009, by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM: Exhibit "A" Planned Community Development Plan Amendment EXHIBIT - A M Amendment No. 554, adopted January 26, 1981 Amendment No. 589, adopted June 9, 1993 Amendment No. 603, adopted March 26, 1984 Amendment No. 651, adopted August 24, 1987 Planned Community Text Amendment No. 2003 -001, adopted October 26, 2004 19M=1 - [ r r _u T. .V=-. r � rr • r .' , 1 I r r � �� W OLow Density Residential Areas 8, 9, 9A, 11, 12 Low Medium Density Residential Areas 2, 3, 4, 5, 7. 13 ® Medium High Density Residential Areas I, 6, 10, 14, 16 Commercial Area 15 Religious Institutional & Nature Preserve Golf Course J San —` 1 Land Use Plan Big Canyon Planned Community Nq Canyon PD2007 -005.mxd January 27, 2009 r U F! TABLE OF CONTENTS Paee Introduction 1 Section I STATISTICAL ANALYSIS 2 Section II GENERAL 4 Section III DEFINITIONS 6 Section IV LOW DENSITY RESIDENTIAL AREAS 8, 9, 94, 11, 12 Sub - Section A Permitted Uses 7 Sub - Section B Minimum Lot Size 7 Sub - Section C Building Height 7 Sub - Section D Setback from Streets 7 Sub - Section E Setbacks from Other Property Lines 8 Sub - Section F Lot Area Coverage 8 Sub- Section G Fences, Hedges and Walls 8 Sub - Section H Trellis 9 Sub - Section I Parking 9 Sub - Section J Architectural Features 9 Section V LOW MEDIUM DENSITY RESIDENTIAL AREAS 2, 3, 4, 5, 7, 13 Sub - Section A Permitted Uses 10 Sub - Section B Minimum Lot Area 10 Sub - Section C Building Height 10 Sub - Section D Setback from Streets 10 Sub - Section E Setbacks from Other Property Lines 11 Sub - Section F Lot Area Coverage 12 Sub - Section G Fences, Hedges and Walls 12 Sub - Section H Trellis 12 Sub - Section I Parking 12 Sub - Section J Architectural Features 12 Section VI MEDIUM HIGH DENSITY RESIDENTIAL AREAS 1, 6,10,14, 16 Sub Section A Permitted Uses 13 Sub - Section B Building Site Area 13 Sub - Section C Building Height Limit 13 Sub- Section D Setback from Streets 13 Sub - Section E Setbacks from Other Property Lines 14 Sub - Section F Parking 14 Sub - Section G Site Area Coverage 14 Sub- Section H Signs 14 31 SECTION I. STATISTICAL ANALYSIS BIG CANYON RESIDENTIAL 1 Unless otherwise noted acreage established by existing subdivision maps, parcel maps or other recorded data. 2 Gross acreage includes the individual lots, any interior streets within the area, and one -half (1/2) of, or thirty (30) feet of (whichever is lesser), the width of any perimeter street or adjacent open space. 3 Unless otherwise noted DU's represent actual construction. 4 Based on maximum number of DU's per GPA 79 -1, adopted December 10, 1979. 5 Based on maximum density permitted by GPA 81 -2, adopted May 9, 1983, which is 10 DU's per buildable acre. Density of Area 16 is 9.3 DU's per buildable acre. 2 3a Gross 2Maximum Type Tune Area Acres' Acres DU /Ac DU' Per/DU Poroulation Low Density 8,9 & 9A 435 45.4 2.22-.5 444102 3.6 364 11 8.8 3.0 25 3.6 90 12 57.5 2.5 117 3.6 421 SUBTOTAL 18111.7 243 244 875 Low Medium 2 5.8 3.0 17 3.0 51 Density 3&4 20.8 4.0 78 3.0 234 5 16.8 4.0 61 3.0 183 7 7.7 4.0 26 3.0 78 13 10.6 4.5 43 3.0 129 SUBTOTAL 61.7 225 675 Medium High 17.1 10.0 11.0 83 2.5 208 6 5.2 7.0 10.0 61 2.5 153 10 18.9 22.5 4.2 80 4 2.0 160 14 9.4 10.5 7.0 74 2.0 148 16 11.3 15.2 10.0 80 5 2.0 160 SUBTOTAL 51.9 65.2 378 829 1 Unless otherwise noted acreage established by existing subdivision maps, parcel maps or other recorded data. 2 Gross acreage includes the individual lots, any interior streets within the area, and one -half (1/2) of, or thirty (30) feet of (whichever is lesser), the width of any perimeter street or adjacent open space. 3 Unless otherwise noted DU's represent actual construction. 4 Based on maximum number of DU's per GPA 79 -1, adopted December 10, 1979. 5 Based on maximum density permitted by GPA 81 -2, adopted May 9, 1983, which is 10 DU's per buildable acre. Density of Area 16 is 9.3 DU's per buildable acre. 2 3a SUPPORT FACILITIES Tvpe Area Acres DUB Per/DU Population Golf Course 144.9143.0 1 3.6 4 Open Space (Hazard Areas) 17.0 Clubhouse 5.0 Commercial 15 1.5 Road 14.0 Maintenance 2.0 SUBTOTAL 184.4182.5 GRAND TOTAL 407.8 847848 Iresidence permitted for general manager of golf course. 3 2,383 33 SECTION IV. LOW DENSITY RESIDENTIAL AREAS 8, 9, 9A, 11, 12 This area is intended to provide primarily for large lot, detached single family residential housing and related community facilities. A. Permitted Uses Single family dwellings. 2. Parks, playgrounds, recreation or open space and green areas, riding, hiking paths, bicycle trails and related facilities of a non - commercial nature. 3. Accessory buildings, structures and uses where related and incidental to a permitted use. 4. One (1) on -site, unlighted sign not exceeding two (2) square feet in area to advertise the lease, rental or sale of the property upon which it is located. Such sign may show only the name, address and telephone number of the owner, but shall not show the name, address, telephone number of any other description or identification of any person, firm or corporation other than the owner of said property. 5. Golf course and appurtenant structures and facilities planned as a part of the planned community which are to be constructed in the immediate future, subject to the design criteria contained in the addendum of this ordinance. B. Minimum Lot Size A minimum lot size of 8,000 square feet shall be provided for each dwelling unit in Areas 8, 9, 11 and 12. C. Buildine Heislmt Maximum height for all buildings shall be thirty -two (32) feet. Building height shall also be limited by provisions of the Newport Beach Building Code. D. Setback from Street The following minimum setbacks shall apply to all structures (not to include garden walls or fences) abutting street. Said setbacks are to be measured from the ultimate right -of -way line. However, the Planning Director may, upon submittal of a tentative subdivision map, review said map in view of setbacks listed in this ordinance and/or sound planning principles and shall either approve, modify, disapprove the setbacks shown, or refer the matter to the Planning Commission for a determination. In the case of modification or disapproval, the applicant may appeal to the Planning Commission for further consideration. 34 7 Street Designation Loop Collector Local Street Setback from Ultimate Right-of-Way Line 20' 10' Garage and carports shall conform to the building setback requirements above except that when the garage or carport faces the access street, a setback not less than twenty (20) feet shall be observed. Said setback shall be measured from back of curb or in the event sidewalks are constructed, from back of sidewalk. E. Setbacks from Other Property Lines All setbacks listed under this section refer to all property lines not affected by the requirements of Section D above. The minimum setbacks shall be: Rear or Front Yard Fifteen (15) feet. However, the Director of Community Development may, upon submittal of a tentative subdivision map, review said map in view of setbacks listed in this ordinance and/or sound planning principles and shall either approve, modify, disapprove the setbacks shown, or refer the matter to the Planning Commission for a determination. In the case of modification or disapproval, the applicant may appeal to the Planning Commission for further consideration. Side Yard Five (5) feet. The above standards shall be required except that structures which abut a plaza, park, mall or other permanent open green space may abut the common property line and have openings onto such open space. Dwellings may orient toward the streetside property line or the opposite property line mi order to take advantage of view conditions. F. Lot Area Coveraee For aggregate building coverage, the maximum shall be 50 percent of any lot. For the purpose of this ordinance, coverage shall include all areas under roof but shall not include trellis areas. G. Fences. Hedges and Walls Fences shall be limited to a maximum height of eight (8) feet. Said fences are allowed in all setback areas, except the area within ten (10) feet of the front or streetside property line, where they shall be limited to three (3) feet. Wing walls, where an extension of a residential or accessory structure, may be eight (8) feet in height. At street intersections, no such 35 appurtenance shall exceed thirty (30) inches in height above street pavement grade within the triangle bounded by the right -of -way lines and a connecting line drawn between points thirty (30) feet distant from the intersection of the right -of -way lines prolonged. H. Trellis Open trellis and beam construction shall be permitted to attach the garage or carport to the dwelling and may also extend from the dwelling to within three (3) feet of the side or rear property line. In side yards, the maximum height shall be eight (8) feet. These areas shall not be considered in calculating lot area coverage; however, trellis areas shall not exceed 20 percent of the remaining open space of a developed lot. Trellis and beam construction shall be so designed as to provide a minimum of 50 percent of the total trellis area as open space for the penetration of light and air to areas which it covers. I. Parking Parking for residential uses in Areas 8, 9, 11 and 12 shall be in the form of not less than two (2) garage spaces per family unit. 1 v _I. e ' 1' _I. 11 1 1. 11 I e I 1 I, I 'J WlItteli I_.I' ,. 1. :].►MT-WICI_. include a vehicular 1 I I. 1 1 1 1_ I 1 1 1. • n .1. J. Architectural Features Architectural features, limited to cornices or eaves, may extend two and one -half (2 1/2) feet into any front, side or rear yard setback. , 1 1719-W35 I .il I 1 1 I ' II• 1__.1 1 I ' I _III fie. /.. . �.�_ I• C.' .1 11 .J.1 •e. / Lu .l e, .1� t• 1 1 • — .11 I I 1 I :.1: 1 e. !•. 'I 111 II e 3� ATTACHMENT 3 Planning Commission resolution, staff report, and minutes 31 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING CITY COUNCIL APPROVAL OF GENERAL PLAN AMENDMENT NO. GP2007 -008 PLANNED COMMUNITY DEVELOPMENT PLAN NO. PD2007 -005, AND TENTATIVE PARCEL MAP NO. NP2007 -029 (PA2008 -210). WHEREAS, an application was filed for a. General Plan Amendment, Planned Community Development Plan Amendment, and Parcel Map by the Big Canyon Country Club, with respect to a 1.9 -acre property located on the north side of Big Canyon Drive, between Rue Biarritz and Rue Villars; and WHEREAS, a public hearing was held by the Newport Beach Planning Commission on December 4, 2008, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place, and purpose of the meeting was given in accordance with the Municipal Code and State Law. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting; and WHEREAS, the project includes a General Plan Amendment, Planned Community Development Plan Amendment, and Parcel Map to allow the development of a new, single - family dwelling on a portion of the Big Canyon golf course. The General Plan Amendment would change the land use category from "Parks and Recreation" (PR) to "Single Unit Residential — Detached" (RS -D). The Planned Community Development Plan Amendment would amend the Big Canyon Planned Community Development Plan to change the land use designation from "Golf Course" to "Low Density Residential; and WHEREAS, Amendments to the General Plan and Planned Community Development Plan are legislative acts. Neither the City nor State Planning Law set forth any required findings for either approval or denial of such amendments; and WHEREAS, Land Use Policy LU 4.2 of the Land Use Element prohibits new residential subdivisions that would result in additional dwelling units unless authorized by an amendment of the General Plan. The proposed General Plan amendment would authorize one additional dwelling unit; and WHEREAS, Council Policy A -18 requires that proposed General Plan amendments be reviewed to determine if a vote of the electorate would be required. If a project (separately or cumulatively with other projects over a 10 -year span) generates more than 100 peak hour trips, 40,000 square feet of non - residential floor area or exceeds 100 dwelling units in a statistical area, a vote of the electorate would be required if the City Council approves the suggested General Plan Amendment; and WHEREAS, this is the first GPA in Statistical Area L2 since the General Plan update in 2006. One additional dwelling unit results in an increase of 0.75 AM 3� City of Newport Beach Planning Commission Resolution No. _ Page 2 of 13 peak hour trips and 1.01 PM peak hour trips based on the Single - Family Detached Housing trip rates reflected in Council Policy A -18 and as none of the three thresholds to require a vote pursuant to Charter Section 423 are exceeded, no vote of the electorate is required; and WHEREAS, the proposed subdivision of a 82,764- square -foot lot is consistent with the 8,000 square foot minimum lot size for the Low Density Residential planning area within the Big Canyon Planned Community; and WHEREAS, the project is located within the Big Canyon Planned Community where public services and infrastructure are available to serve the additional dwelling unit to be created by this proposed subdivision. Additionally, all applicable improvements required by Section 19.28 (Subdivision Improvements) of the Subdivision Code are to be satisfied by the applicant; and WHEREAS, Pursuant to Section 19.12.070 of the City Subdivision Code, certain findings and facts in support of such findings shall be made for approval of a Tentative Parcel Map. Such findings and facts to support such findings are as follows: 1. That the proposed map and the design or improvements of the subdivision are consistent with the General Plan and any applicable specific plan, and with applicable provisions of the Subdivision Map Act and this Subdivision Code. The proposed amendments will bring the parcels into consistency with the General Plan and the Big Canyon Planned Community. Standard conditions of approval have been included to ensure compliance with Subdivision Map Act and Subdivision Code. 2. That the site is physically suitable for the type and density of development. The proposed 1.9 -acre (approximately 82,764 square feet) project site is physically large enough to accommodate one single - family dwelling as the minimum parcel size is 8,000 square feet (approximately. 18 of an acre). Vehicular access to the parcel will be from Big Canyon Drive. 3. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat. However, notwithstanding the foregoing, the decision- making body may nevertheless approve such a subdivision if an environmental impact report was prepared for the project and a finding was made pursuant to Section 21081 of the California Environmental Quality Act that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report. 39 City of Newport Beach Planning Commission Resolution No. Page 3 of 13 A Mitigated Negative Declaration has been prepared and mitigation measures have been provided that will reduce the potential significant impacts to less than significant. Therefore, the proposed project would not cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat. 4. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. The development of the parcel for residential use is not expected to cause serious public health problems given the use of typical construction materials and practices as noted in the Mitigated Negative Declaration for this project. No evidence was identified that would indicate that the proposed subdivision will generate any serious public health problems. The parcel has been designed in compliance with all applicable subdivision standards of Title 19 and any future proposed residence will be required to comply with Low Density Residential development standards of the Big Canyon Planned Community, insuring the provision of adequate light, air, privacy, and open space for the dwelling unit, and insuring design compatibility with the surrounding neighborhood. 5. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the decision - making body may approve a map if it finds that alternate easements, for access or for use, will be provided and that these easements will be substantially equivalent to ones previously acquired by the public. This finding shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to the City Council to determine that the public at large has acquired easements for access through or use of property within, a subdivision. The project site contains two easements that will remain in place. A condition of approval is included that prohibits permanent structures within the limits of the easements on site. 6. That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act, if the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (Williamson Act), the resulting parcels following a subdivision of the land would not be too small to sustain their agricultural use or the subdivision will result in residential development incidental to the commercial agricultural use of the land. The project site is not currently zoned or used for agriculture purposes and does not fall under a Williamson Act contract. �6 City of Newport Beach Planning Commission Resolution No. Page 4 of 13 7. That, in the case of a "land project" as defined in Section 11000.5 of the California Business and Professions Code: (a) there is an adopted specific plan for the area to be included within the land project; and (b) the decision - making body finds that the proposed land project is consistent with the specific plan for the area. The subject property is not located within the boundaries of a specific plan; therefore, this finding does not apply. 8. That solar access and passive heating and cooling design requirements have been satisfied in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map Act. Title 24 of the Uniform Building Code requires new construction to meet minimum heating and cooling efficiency standards depending on location and climate. The Newport Beach Building Department will enforce Title 24 compliance through the plan check and field inspection processes for the construction of any future proposed residence. 9. That the subdivision is consistent with Section 66412.3 of the Subdivision Map Act and Section 65584 of the California Government Code regarding the City's share of the regional housing need and that it balances the housing needs of the region against the public service needs of the City's residents and available fiscal and environmental resources. The proposed subdivision facilitates the creation of one new residential dwelling that will be added to the City's housing stock and furthers the City's goal of meeting its housing needs as identified in the Regional Housing Needs Assessment. The addition of one unit will not cause an undue strain on public services. 10.That the discharge of waste from the proposed subdivision into the existing sewer system will not result in a violation of existing requirements prescribed by the Regional Water Quality Control Board. Waste discharge into the existing sewer system will be consistent with the existing residential use of the surrounding properties and does not violate Regional Water Quality Control Board (RWQCB) requirements. Additionally, sewer connections have been conditioned to be installed per City Standards, the applicable provisions of Chapter 14.24 (Sewer Connection, Permits), and the latest revision of the Uniform Plumbing Code. 11. For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision conforms with the certified Local Coastal Program and, where fl City of Newport Beach Planning Commission Resolution No. _ Page 5 of 13 applicable, with public access and recreation policies of Chapter Three of the Coastal Act. The subject property is not located within the boundaries of a Coastal Zone; therefore, this finding does not apply. WHEREAS, based upon the analysis of the Initial Study, the environmental, factors identified to have either a no impact or a less than significant impact were: Aesthetics, Agricultural Resources, Air Quality, Geology and Soil, Hazards and Hazardous Materials, Hydrology and Water Quality, Land Use Planning, Mineral Resources, Noise, Population and Housing, Public Services, Recreation, and Utilities and Service Systems; and WHEREAS, based upon the analysis of the Initial Study, the environmental factors identified as potentially significant impacts were: Biological Resources, Cultural Resources, and Transportation and Traffic. Specific mitigation measures have been included to reduce the potentially significant adverse effects to a less than significant level; and WHEREAS, The Mitigated Negative Declaration was completed and circulated for a mandatory 20 -day public- review period that began on November 7, 2008 and concluded on December 1, 2008. Staff received comments on the Mitigated Negative Declaration, and will present them at the December 4, 2008, hearing, and WHEREAS, 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; and NOW, THEREFORE, BE IT RESOLVED: Section 1. The Planning Commission hereby recommends that the City Council of the City of Newport Beach adopt Mitigated Negative Declaration No. ND2008 -003 as depicted in Exhibit "A" and Mitigation Monitoring Report Program as depicted in Exhibit "B" of this resolution. Section 2. The Planning Commission hereby recommends that the City Council of the City of Newport Beach approve General Plan Amendment No. GP2007- 008 as depicted in Exhibit "C ". �a City of Newport Beach Planning Commission Resolution No. _ Page 6 of 13 Section 3. The Planning Commission hereby recommends that the City Council of the City of Newport Beach approve Planned Community Development Plan No. PD2007 -005 as depicted in staff report Exhibit "D ". Section 4. The Planning Commission hereby recommends that the City Council of the City of Newport Beach approve Tentative Parcel Map No. NP2008 -111, subject to Conditions of Approval as depicted in Exhibit "E °. PASSED, APPROVED AND ADOPTED THIS 0 DAY OF DECEMBER, 2008. Am la Scott Peotter, Chairman Barry Eaton, Secretary AYES: NOES: ABSENT: 13 City of Newport Beach Planning Commission Resolution No. _ Page 7 of 13 Exhibit "A" Mitigated Negative Declaration qq City of Newport Beach Planning Commission Resolution No. _ Page 8 of 13 Exhibit "B" Mitigation Monitoring Report Program /5 City of Newport Beach Planning Commission Resolution No. _ Page 9 of 13 Exhibit "C" General Plan Amendment `[ (10 City of Newport Beach Planning Commission Resolution No. _ Page 10 of 13 Exhibit "D" Planned Community Development Plan Amendment qI Amendment No. 554, adopted January 26, 1981 Amendment No. 589, adopted June 9, 1993 Amendment No. 603, adopted March 26, 1984 Amendment No. 651, adopted August 24, 1987 Planned Community Text Amendment No. 2003 -001, adopted October 26, 2004 Planned Community Development Plan No. 2007 -005, adopted 5K J Land Use Plan 0 0 Big Canyon Planned Community Low Density Residential Areas 8, 9, 11, 12 Low Medium Density Residential Areas 2, 3, 4, 5, 7, 13 �h4 ® Medium High Density Residential N !• Areas 1, 6, 10, 14, 16 ® Commercial % -q Area 15 •,f:�.r :t:i ® Religious Institutional & Nature Preserve .• !_` '" "= _� Golf Course J Land Use Plan 0 0 Big Canyon Planned Community TABLE OF CONTENTS Pape Introduction I Section I STATISTICAL ANALYSIS 2 Section H GENERAL 4 Section III DEFINITIONS 6 Section N LOW DENSITY RESIDENTIAL Building Height AREAS 8, 9, 11, 12 Sub - Section D Sub - Section A Permitted Uses 7 Sub - Section B Minimum Lot Size 7 Sub - Section C Building Height 7 Sub - Section D Setback from Streets 7 Sub- Section E Setbacks from Other Property Lines 8 Sub - Section F Lot Area Coverage 8 Sub - Section G Fences, Hedges and Walls 8 Sub - Section H Trellis 9 Sub - Section I Parking 9 Sub - Section J Architectural Features 9 Section V LOW MEDIUM DENSITY RESIDENTIAL AREAS 2, 3, 4, 5, 7,13 Sub - Section A Permitted Uses 10 Sub - Section B Minimum Lot Area 10 Sub - Section C Building Height 10 Sub - Section D Setback from Streets 10 Sub - Section E Setbacks from Other Property Lines 11 Sub - Section F Lot Area Coverage 12 Sub- Section G Fences, Hedges and Walls 12 Sub - Section H Trellis 12 Sub - Section I Parking 12 Sub - Section J Architectural Features 12 Section VI MEDIUM HIGH DENSITY RESIDENTIAL AREAS 1, 6, 10, 14, 16 Sub Section A Permitted Uses 13 Sub - Section B Building Site Area 13 Sub - Section C Building Height Limit 13 Sub - Section D Setback from Streets 13 Sub - Section E Setbacks from Other Property Lines 14 Sub - Section F Parking 14 Sub - Section G Site Area Coverage 14 Sub - Section H Signs 14 Mal SECTION I. STATISTICAL ANALYSIS BIG CANYON RESIDENTIAL 1 Unless otherwise noted acreage established by existing subdivision maps, parcel maps or other recorded data. 2 Gross acreage includes the individual lots, any interior streets within the area, and one -half (1/2) of, or thirty (30) feet of (whichever is lesser), the width of any perimeter street or adjacent open space. 3 Unless otherwise noted DU's represent actual construction. 4 Based on maximum number of DU's per GPA 79 -1, adopted December 10, 1979. S Based on maximum density permitted by GPA 81 -2, adopted May 9, 1983, which is 10 DU's per buildable acre. Density of Area 16 is 9.3 DU's per buildable acre. 2 51 Gross2Maximum Type Type Area Acres Acres DU /Ac DU' Per/DU Population Low Density 8&9 435 45.4 2.224 401102 3.6 364 11 8.8 3.0 25 3.6 90 12 57.5 2.5 117 3.6 421 SUBTOTAL 199.8111.7 24-3244 875 Low Medium 2 5.8 3.0 17 3.0 51 Density 3&4 20.8 4.0 78 3.0 234 5 16.8 4.0 61 3.0 183 7 7.7 4.0 26 3.0 78 13 10.6 4.5 43 3.0 129 SUBTOTAL 61.7 225 675 Medium High 17.1 10.0 11.0 83 2.5 208 6 5.2 7.0 10.0 61 2.5 153 10 18.9 22.5 4.2 80 4 2.0 160 14 9.4 10.5 7.0 74 2.0 148 16 11.3 15.2 10.0 80 s 2.0 160 SUBTOTAL 51.9 65.2 378 829 1 Unless otherwise noted acreage established by existing subdivision maps, parcel maps or other recorded data. 2 Gross acreage includes the individual lots, any interior streets within the area, and one -half (1/2) of, or thirty (30) feet of (whichever is lesser), the width of any perimeter street or adjacent open space. 3 Unless otherwise noted DU's represent actual construction. 4 Based on maximum number of DU's per GPA 79 -1, adopted December 10, 1979. S Based on maximum density permitted by GPA 81 -2, adopted May 9, 1983, which is 10 DU's per buildable acre. Density of Area 16 is 9.3 DU's per buildable acre. 2 51 SUPPORT FACILITIES Type Area Acres Golf Course 144:9143.0 Open Space (Hazard Areas) 17.0 Clubhouse 5.0 Commercial 15 1.5 Road 14.0 Maintenance 2.0 SUBTOTAL 184.4182.5 GRAND TOTAL 407.8 residence permitted for general manager of golf course. DU1 Per/DU 1 3.6 Population C! 2,383 3 Sa SECTION IV. LOW DENSITY RESIDENTIAL AREAS 8, 9, 11, 12 This area is intended to provide primarily for large lot, detached single family residential housing and related community facilities. A. Permitted Uses 1. Single family dwellings. 2. Parks, playgrounds, recreation or open space and green areas, riding, hiking paths, bicycle trails and related facilities of a non - commercial nature. 3. Accessory buildings, structures and uses where related and incidental to a permitted use. 4. One (1) on -site, unlighted sign not exceeding two (2) square feet in area to advertise the lease, rental or sale of the property upon which it is located. Such sign may show only the name, address and telephone number of the owner, but shall not show the name, address, telephone number of any other description or identification of any person, firm or corporation other than the owner of said property.. 5. Golf course and appurtenant structures and facilities planned as a part of the planned community which are to be constructed in the immediate future, subject to the design criteria contained in the addendum of this ordinance. B. Minimum Lot Size A minimum lot size of 8,000 square feet shall be provided for each dwelling unit in Areas 8, 9, 11 and 12. C.. Building g eight Maximum height for all buildings shall be thirty -two (32) feet. Building height shall also be limited by provisions of the Newport Beach Building Code. D. Setback from Street The following minimum setbacks shall apply to all structures (not to include garden walls or fences) abutting street. Said setbacks are to be measured from the ultimate right -of -way line. However, the Planning Director may, upon submittal of a tentative subdivision map, review said map in view of setbacks listed in this ordinance and/or sound planning principles and shall either approve, modify, disapprove the setbacks shown, or refer the matter to the Planning Commission for a determination. In the case of modification or disapproval, the applicant may appeal to the Planning Commission for further consideration. 53 Street Designatio n Loop Collector Local Street Setback from Ultimate Right-of-Way Line 20' 10' Garage and carports shall conform to the building setback requirements above except that when the garage or carport faces the access street, a setback not less than twenty (20) feet shall be observed. Said setback shall be measured from back of curb or in the event sidewalks are constructed, from back of sidewalk. E. Setbacks from Other PMperty Lines All setbacks listed under this section refer to all property lines not affected by the requirements of Section D above. The minimum setbacks shall be: Rear or Front Yard Fifteen (15) feet. However, the Director of Community Development may, upon submittal of a tentative subdivision map, review said map in view of setbacks listed in this ordinance and/or sound planning principles and shall either approve, modify, disapprove the setbacks shown, or refer the matter to the Planning Commission for a determination. In the case of modification or disapproval, the applicant may appeal to the Planning Commission for further consideration. Side Yard Five (5) feet. The above standards shall be required except that structures which abut a plaza, park, mall or other permanent open green space may abut the common property line and have openings onto such open space. Dwellings may orient toward the streetside property line or the opposite property line in order to take advantage of view conditions. F. Lot Area Coverage For aggregate building coverage, the maximum shall be 50 percent of any lot. For the purpose of this ordinance, coverage shall include all areas under roof but shall not include trellis areas. G. Fences. Hedges and Walls Fences shall be limited to a maximum height of eight (8) feet. Said fences are allowed in all setback areas, except the area within ten (10) feet of the front or streetside property line, where they shall be limited to three (3) feet. Wing walls, where an extension of a residential or accessory structure, may be eight (8) feet in height. At street intersections, no such 8 S `I appurtenance shall exceed thirty (30) inches in height above street pavement grade within the triangle bounded by the right -of -way lines and a connecting line drawn between points thirty (30) feet distant from the intersection of the right -of -way lines prolonged. H. Trellis Open trellis and beam construction shall be permitted to attach the garage or carport to the dwelling and may also extend from the dwelling to within three (3) feet of the side or rear property line. In side yards, the maximum height shall be eight (8) feet. These areas shall not be considered in calculating lot area coverage; however, trellis areas shall not exceed 20 percent of the remaining open space of a developed lot. Trellis and beam construction shall be so designed as to provide a minimum of 50 percent of the total trellis area as open space for the penetration of light and air to areas which it covers. Parkins Parking for residential uses in Areas 8, 9, 11 and 12 shall be in the form of not less than two (2) garage spaces per family unit. Architectural Features Architectural features, limited to cornices or eaves, may extend two and one -half (2 1/2) feet into any front, side or rear yard setback. 55 City of Newport Beach Planning Commission Resolution No. Page 11 of 13 Exhibit "E" CONDITIONS OF APPROVAL AND MITIGATION MEASURES Tentative Parcel Map No. NP2008 -111 (PA 2007 -210) Bold - italics are project speck conditions all others are standard conditions. The Map shall be in substantial conformance with the Tentative Parcel Map dated August 4, 2008, except as noted in the following conditions. 2. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. The Tentative Parcel Map shall expire within 24 months from the date of approval unless extensions are granted prior to expiration in accordance with the Subdivision Ordinance and Subdivision Map Act. 4. Height of proposed future residences shall be measured from natural grade as depicted on the topographic survey prepared by Walden & Associates on August 4, 2008 for the subject site. 5. To the fullest extent permitted by law, the applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, tines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the General Plan Amendment No. GP2007 -008, Planned Community Development Plan No. PD2007 -029 and Parcel Map No. NP2007 -029; and/or the City's related California Environmental Quality Act determinations. 6. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City - adopted version of the California Building Code. 7. The applicant shall be responsible for the payment of all administrative costs identified by the Planning Department within 30 days of receiving a final notification of costs or prior to the release for recordation of the parcel map. S (P City of Newport Beach Planning Commission Resolution No. Page 12 of 13 8. Prior to the recordation of the parcel map, park dedication fees for one dwelling unit shall be paid in accordance with Chapter 19.52 of the Newport Beach Municipal Code. 9. A parcel map shall be recorded and prepared on the California coordinate system (NAD83). Prior to recordation of the map, the surveyor /engineer preparing the map shall submit to the County Surveyor and the City of Newport Beach a digital - graphic file of said map in a manner described in Section 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. The map to be submitted to the City of Newport Beach shall comply with the City's CADD Standards. Scanned images will not be accepted. 10. Prior to recordation of the parcel map, the surveyorlengineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Sections 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be set On Each Lot Corner unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of the construction project. 11. All existing overhead utilities shall be undergrounded. 12. An encroachment permit is required for all work activities within the public right -of- way or easement area. 13. All improvements shall comply with the City's sight distance requirement. See City Standard 110 -L. 14. All on -site drainage shall comply with the latest City Water Quality requirements. 15. Water meter and the sewer cleanout will be located in the public right -of -way. If installed at a location that will be subjected to vehicle traffic, each shall be installed with a traffic-grade box and cover. 16. Backing out onto Big Canyon Drive shall be prohibited. 17. As part of the proposed single - family developmen4 the applicant shall provide information showing the proposed storm drain system and site drainage. This shall be submitted during the plan check process. 18. As part of the proposed single - family development, the applicant shall prepare a soils report. This shall be submitted during the plan check process. 5� City of Newport Beach Planning Commission Resolution No. Page 13 of 13 19. The applicant shall record a deed on the parcel map that includes the following requirements: • Six off - street parking spaces • A vehicle turn- around on site 20. Design review requirement with the following options: • Annexation into the Big Canyon Planned Community's Canyon Crest Home Owners Association (HOA) whereby the HOA would require design review in accordance with their architectural guidelines. • Employ Canyon Crest HOA to review the proposed project in accordance with their architectural guidelines • Site Plan Review in accordance Chapter 20.92 of the Zoning Code. 5g- CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT December 4, 2008 Agenda Item 2 SUBJECT: Big Canyon General Plan Amendment and Subdivision (PA2008 -210) • Mitigated Negative Declaration (ND2008 -003) General Plan Amendment (GP2007 -008) • Planned Community Development Plan (PD2007 -005) • Parcel Map (NP2007 -029) APPLICANT: Big Canyon Country Club PLANNER: Russell Bunim, Assistant Planner (949) 644 -3233, rbunim ()-citv.newport- beach.ca.us PROJECT SUMMARY A General Plan Amendment, Planned Community Development Plan Amendment, and Parcel Map to allow the development of a new, single - family dwelling on a portion of the Big Canyon golf course. The General Plan Amendment would change the land use category from "Parks and Recreation" (PR) to "Single Unit Residential — Detached" (RS- D). The Planned Community Development Plan Amendment would amend the Big Canyon Planned Community Development Plan to change the land use designation from "Golf Course" to "Low Density Residential." RECOMMENDATION 1) Conduct a public hearing; and 2) City Council adopt Mitigated Negative Declaration No. ND2008 -003; and 3) City Council approve General Plan Amendment No. GP2007 -008, Planned Community Development Plan Amendment No. PD2007 -005, and Parcel Map No. NP2007 -029 with the findings in the attached resolution (Exhibit No. 1). s1 Big Canyon December 4, 2008 Page 2 is LOCATION GENERAL PLAN ZONING CURRENT USE ON-SITE Parks and Recreation Golf Course — Big Canyon Golf Course PR Planned Communi PC -8 NORTH PR Golf Course PC -8 Golf Course SOUTH Single Unit Residential — Low Density Residential Detached housing Detached RS -D (PC-8) EAST Single Unit Residential — Medium Density Residential Attached housing Attached RS -A (PC-8) WEST RS -D Medium Density Residential Detached housing PC -8 LJ J 36 Big Canyon December 4, 2008 Page 3 Proiect Settin The project site is located within the Big Canyon Planned Community (BCPC) which is surrounded by four arterial streets: Jamboree Road, Ford Road, MacArthur Boulevard, and San Joaquin Hills Road. The project site is located on the north side of Big Canyon Drive, between Rue Biarritz and Rue Villars. The project site, although designated as "Golf Course" in the BCPC, has never been used or maintained as part of the golf course. The project site was graded during the Big Canyon Trunk Sewer Replacement project in November, 2006, when the project site was used as a place to deposit soil under City review and inspection. The project site consists of a graded pad surrounded by areas of vegetation primarily consisting of native and non - native ruderal species and a steep slope on the east edge of the property vegetated primarily with native scrub species. The topography of the project site slopes down from Big Canyon Drive and the residential property to the east. The grade difference from the residential properties to the east and the existing graded pad on the project site is approximately 50 feet. (See Exhibit No. 2 for an aerial photo with two -foot contour lines) Project Description A General Plan Amendment (GPA) is required to change the land use category in the Land Use Element. The GPA does not modify the Land Use Element text; however, the GPA would be documented by depicting the new parcel on Land Use Element maps and changing the land use category from "Parks and Recreation" to "Single Unit Residential — Detached" (Exhibit No. 3). A Planned Community Development Plan Amendment ( PCDPA) is required to allow the additional dwelling unit and the land use change. The PCDPA would be documented by changing the project site's land use designation on the BCPC land use map from "Golf Course" to "Low Density Residential" and modifying the statistical analysis of the BCPC to include an additional dwelling unit acreage in each designation (Exhibit No. 4), A Parcel Map is required to subdivide the 1.9 -acre project site from golf course lot and requires City approval (Exhibit No. 5). ►_1.`(c1W& fib'? General Plan and Planned Community Text Amendments to the General Plan and Planned Community Development Plan are legislative acts. Neither the City nor State Planning Law set forth any required findings s Big Canyon December 4, 2008 Page 4 for either approval or denial of such amendments. However, when making a recommendation to the City Council, the Planning Commission should consider General Plan policies and Planned Community development standards to insure internal consistency. General Plan The General Plan contains objectives, policies, and distributions of land use for development in the City. The following General Plan policies are pertinent to the proposed project: Land Use Element (LU 4.2) "Prohibit new residential subdivisions that would result in additional dwelling units unless authorized by an amendment of the General Plan (GPA). Lots that have been legally merged through the Subdivision Map Act and City Subdivision Code approvals are exempt from the GPA requirements and may be re- subdivided to the original underlying legal lots. This policy is applicable to all Single Unit, Two Unit, and Multiple Unit Residential land use categories." This policy provides a mechanism for the City to allow units in addition to those included in the General Plan through an amendment and allows the City to track these amendments for the purposes of implementing Charter Section 423 (See City Council Policy A -18 discussion below). The mere fact that the applicant is applying for a GPA makes the proposed project consistent with this policy. Land Use Element (LU 6.2.9) "Require the open space and recreational facilities that are integrated into and owned by private residential development are permanently preserved as part of the development approval process and are prohibited from converting to residential or other types of land use." This policy is intended to preserve open space and recreational facilities in private residential developments. Most Home Owner Associations (HOA) own the open space and recreational facilities in a private residential development. However, the Big Canyon Planned Country Club golf course is not owned by the HOA; the golf course property is owned by the Big Canyon Country Club. Therefore, LU 6.2.9 is not applicable to the proposed project. Natural Resources Element (NR 17.1) "Protect, conserve, and maintain designated open space areas that define the City's urban form, serve as habitat for many species, and provide recreational opportunities." The conversion of a small portion of the golf course to residential will not have an effect on the City's urban form. According to the biology report by Glenn Lukos (Exhibit No. 6, MND — Appendix C), the project site contains ruderal, ornamental, and disturbed areas of vegetation that would not be considered significant as they have low habitat value and have no potential to support special status flora or fauna. Lastly, the project site does not provide recreational opportunities as it has never been used or maintained as part of the golf course. Therefore, the project does not conflict with NR 17.1. ME Big Canyon December 4, 2008 Page 5 Natural Resources Element (NR 23.7) Design and site new development to minimize removal of native vegetation, preserve rock outcropping, and protect coastal resources. The Glenn Lukos report (Exhibit No. 6 — MND, Appendix C) states that the native vegetation on the project site has no potential to support special status flora or fauna and impacts to the vegetation would not be significant. The report further states that removing the vegetation is only an issue during the nesting season, recognized from February 1 through August 31, at which time a qualified biologist would need to conduct a nesting bird survey three days prior to any vegetation removal. Mitigation Measure No. 1 of the MND ensures the protection of birds nesting on the project site during the nesting season. The site does not contain rock outcroppings and does not contain a coastal resource as it is not located in or near the coastal zone. Therefore, the project does not conflict with NR 23.7. Planned Community Text The BCPC has development standards pertaining to single - family dwellings including a minimum lot size of 8,000 square feet. The proposed lot is 1.9 acres (approximately 82,764 square feet). All other BCPC development standards (i.e. setbacks, height, lot coverage, etc.) would be implemented at such time as plans for the dwelling unit are submitted. Subdivision Compliance (Title 19 of the Municipal Code) In making a recommendation for a tentative parcel map to the City Council, the Planning Commission shall make all of the following findings: 1. That the proposed map and the design or improvements of the subdivision.are consistent with the General Plan and any applicable speck plan, and with applicable provisions of the Subdivision Map Act and this Subdivision Code. The proposed amendments will bring the parcels into consistency with the General Plan and the BCPC. Standard conditions of approval have been included to ensure compliance with Subdivision Map Act and Subdivision Code. 2. That the site is physically suitable for the type and density of development. The proposed 1.9 -acre (approximately 82,764 square feet) project site is physically large enough to accommodate one single - family dwelling as the minimum parcel size is 8,000 square feet (approximately .18 of an acre). Although the size of project site is over 10 times the minimum requirement, the buildable area shown on the tentative parcel map is only 0.7 acres (approximately 30,492 square feet) which is delineated by a dashed line (Exhibit No. 5) and comparable to other lot sizes in the Low Density Residential planning areas. A comparison of the existing lots sizes in the BCPC is h3 Big Canyon December 4, 2008 Page 6 provided in Exhibit No. 8. All of the existing lots in BCPC are graded /flat lots. Vehicular access to the parcel will be from Big Canyon Drive. 3. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure Fish or wildlife or their habitat. However, notwithstanding the foregoing, the decision- making body may nevertheless approve such a subdivision if an environmental impact report was prepared for the project and a finding was made . pursuant to Section 21081 of the Calitomia Environmental Quality Act that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report. A Mitigated Negative Declaration has been prepared (Exhibit No. 6). Mitigation measures have been provided that will reduce the potential significant impacts to less than significant. Therefore, the proposed project would not cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat. 4. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. The development of the parcel for residential use is not expected to cause serious public health problems given the use of typical construction materials and practices as noted in the Mitigated Negative Declaration for this project. No evidence was identified that would indicate that the proposed subdivision will generate any serious public health problems. The parcel has been designed in compliance with all applicable subdivision standards of Title 19 and any future proposed residence will be required to comply with Low Density Residential development standards of the BCPC, insuring the provision of adequate light, air, privacy, and open space for the dwelling unit, and insuring design compatibility with the surrounding neighborhood. 5. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the decision - making body may approve a map if it finds that altemate easements, for access or for use, will be provided and that these easements will be substantially equivalent to ones previously acquired by the public. This finding shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to the City Council to determine that the public at large has acquired easements for access through or use of property within a subdivision. The project site contains two easements that will remain in place. A condition of approval is included that prohibits permanent structures within the limits of the easements on site. �Y Big Canyon December 4, 2008 Page 7 6. That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act, if the land is subject to a contract entered into pursuant to the Califomia Land Conservation Act of 1965 (Williamson Act), the resulting parcels following a subdivision of the land would not be too small to sustain their agricultural use or the subdivision will result in residential development incidental to the commercial agricultural use of the land. The project site is not currently zoned or used for agriculture purposes and does not fall under a Williamson Act contract. 7. That, in the case of a "land project" as defined in Section 11000.5 of the California Business and Professions Code: (a) there is an adopted specific plan for the area to be included within the land project, and (b) the decision- making body finds that the proposed land project is consistent with the specific plan for the area. The subject property is not located within the boundaries of a specific plan; therefore, this finding does not apply. 8. That solar access and passive heating and cooling design requirements have been satisfied in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map Act. Title 24 of the Uniform Building Code requires new construction to meet minimum heating and cooling efficiency standards depending on location and climate. The Newport Beach Building Department will enforce Title 24 compliance through the plan check and field inspection processes for the construction of any future proposed residence. 9. That the subdivision is consistent with Section 66412.3 of the Subdivision Map Act and Section 65584 of the California Govemment Code regarding the City's share of the regional housing need and that it balances the housing needs of the region against the public service needs of the City's residents and available fiscal and environmental resources. The proposed subdivision facilitates the creation of one new residential dwelling that will be added to the City's housing stock and furthers the City's goal of meeting its housing needs as identified in the Regional Housing Needs Assessment. The addition of one unit will not cause an undue strain on public services. 10. That the discharge of waste from the proposed subdivision into the existing sewer system will not result in a violation of existing requirements prescribed by the Regional Water Quality Control Board. Waste discharge into the existing sewer system will be consistent with the existing residential use of the surrounding properties and does not violate Regional Water �5 Big Canyon December 4, 2008 Page 8 Quality Control Board (RWQCB) requirements. Additionally, sewer connections have been conditioned to be installed per City Standards, the applicable provisions of Chapter 14.24 (Sewer Connection, Permits), and the latest revision of the Uniform Plumbing Code. 11. For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision conforms with the certified Local Coastal Program and, where applicable, with public access and recreation policies of Chapter Three of the Coastal Act. The subject property is not located within the boundaries of a Coastal Zone; therefore, this finding does not apply. Council Policies Council Policy K -1 Pursuant to Council Policy K -1, property owners may apply for an amendment to the General Plan. CPK -1 requires the application to include a conceptual site plan and provide the reason for which the request is made. A conceptual site plan is attached as Exhibit No. 7 and the stated reason provided by the applicant for GPA request is for the development of one single-family dwelling. Council Policy A -18 — Charter Section 423 (Measure S) Council' Policy A -18 requires that proposed General Plan amendments be reviewed to determine if a vote of the electorate would be required. If a project (separately or cumulatively with other projects over a 10 -year span) generates more than 100 peak hour trips, 40,000 square feet of non - residential floor area or exceeds 100 dwelling units in a statistical area, a vote of the electorate would be required if the City Council approves the suggested General Plan Amendment. This is the first GPA in Statistical Area L2 since the General Plan update in 2006. One additional dwelling unit results in an increase of 0.75 AM peak hour trips and 1.01 PM peak hour trips based on the Single - Family Detached Housing trip rates reflected in Council Policy A -18. Therefore, none of the three thresholds to require a vote pursuant to Charter Section 423 are exceeded. Environmental Review Prior to taking action on the requested General Plan Amendment, Planned Community Development Plan, and Parcel Map, the Planning Commission must first review, consider, and recommend City Council adoption of the Mitigated Negative Declaration (MND) (Exhibit No. 3). The MND is comprised of the Notice of Intent (NOI), Initial Study (IS), Environmental Analysis, and Appendices. 11 Big Canyon December 4, 2008 Page 9 Quality, Land Use Planning, Mineral Resources, Noise, Population and Housing, Public Services, Recreation, and Utilities and Service Systems. Based upon the analysis of the Initial Study, the environmental factors identified as potentially significant impacts were: Biological Resources, Cultural Resources, and Transportation and Traffic. Specific mitigation measures have been included to reduce the potentially significant adverse effects to a less than significant level. The MND was completed and circulated for a mandatory 20 -day public- review period that began on November 7, 2008 and concluded on December 1, 2008. Staff received comments on the adequacy of the MND, and will present them at the December 4, 2008, hearing. 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 site, all of the property owners in the Big Canyon Planned Community, the applicant, and posted on the subject property at least 10 days prior to this hearing consistent with the provisions of the Municipal Code. Additionally, the item was shown on the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: ZRussellOuSnim, Assistant Planner Submitted by: EXHIBITS (in the order they are referenced within the report) 1. Draft resolution 2. Aerial photo with two -foot contour lines 3. General Plan Land Use Maps 4. Planned Community Land Use Map and Text 5. Tentative Parcel Map 6. Mitigated Negative Declaration 7. Conceptual Site Plan 8, Lot Size Exhibit F: USERSIPLMSharecAPA'sIPAs - 20071PA2007- 1330anning COmmissiO1GP2007W5prrpf CITY OF NEWPORT BEACH Planning Commission Minutes December 4 2008 Regular Meeting - 6:30 p.m. ROLL CALL Commissioners Eaton, Unsworth, Hawkins, Peotter, McDaniel, Toerge, and Hillgren— Commissioners McDaniel and Hillgren were excused. STAFF PRESENT: David Lepo, Planning Director Patrick Alford, Planning Manager Aaron Harp, Assistant City Attorney Tony Brine, Traffic Engineer Russell Bunim, Assistant Planner Ginger Varin, Administrative Assistant PUBLIC COMMENTS: PUBLIC COMMENTS None POSTING OF THE AGENDA: POSTING OF THE AGENDA The Planning Commission Agenda was posted on November 26, 2008. HEARING ITEMS SUBJECT: MINUTES of the regular meeting of November 20, 2008. ITEM NO. 1 Motion was made by Commissioner Hawkins and seconded by Approved Commissioner Toerge to approve the minutes as corrected. Ayes: Eaton, Unsworth, Hawkins, Peotter and Toerge Noes: I None Excused:1 McDaniel and Hillgren k / / SUBJECT: Big Canyon (PA2007 -210) ITEM NO.2 The project site is located on the north side of Big Canyon Drive, PA2007 -210 between the Rue Biarritz and Rue Villars. Recommended Request to develop a single family dwelling on a portion of the Big Canyon for approval golf course, which includes a Mitigated Negative Declaration, General Plan Amendment, Planned Community Development Plan, and Parcel Map. Area that is generally bounded by MacArthur Boulevard, Jamboree Road and Birch Street. .A NEWPORT BEACH PLANNING COMMISSION MINUTES Russell Bunim gave an overview of the staff report adding there are two easements on site that will remain clear of development. At Commission inquiry, staff noted: • The site is not on a knoll and discussed the placement of the project. • There had been one fill project on the site in 2006 that was a City project done under City management; no evidence of hazard material deposited; temporary roadway placed on site as part of a 2006 project is not an official easement; • During the process of building, coring samples will be done . and if something is discovered to be a contaminant, it will be addressed at that time; • Some of the soil will be removed and replaced on the site; • Big Canyon is a private street and the project site has access that is required as part of Title 19 Subdivision Code; • Annexation into an association is not a City matter. Larry Tucker, representing the applicant, gave a presentation on the proposed project: • An anonymous letter was mailed to all residents in August about the proposal; • Regarding the creation of the only residential driveway onto Big Canyon Drive, the developer of Big Canyon Planned Community (The Irvine Company) has written a letter of support to the City for the proposal; • Club's proposal uses an easement that has existed for thirty -four years; • Location of the lot is in a lightly traveled area; • No impact on Big Canyon Drive from the lot as the City's trip generation rates would be 10 to 12 ADTs; • Location of the driveway does not present any danger; • City staff has required that the user of the lot not back out onto Big Canyon Drive; • Club has many curb cuts on Big Canyon Drive for its maintenance vehicles, which are used continually all day, along with regular vehicular traffic; an additional curb cut will have very little effect on Big Canyon Drive; • Site has had some authorized discard of construction debris over the years and during the City's sewer replacement project; the Club has put minor amounts of vegetation in there as well as the excess soils from its own operations; the site has never been used as a 'dump; • Club will conduct an extensive soils investigation required by a map condition to determine the work needed to be done to create a buildable pad if this proposal is accepted; • There is no evidence that the site houses hazardous material whether brought into Big Canyon or from Big Canyon; • CEQA Guidelines outline reasonable assumptions; • Mitigated Negative Declaration recognizes soils import and export that can be accomplished without a significant environmental impact; no substantial evidence is in the record to the contrary; • The Irvine Comoanv (TIC) has a restriction on the site's land use: 12/04/2008 Page 2 of 9 6Y NEWPORT BEACH PLANNING COMMISSION MINUTES 12/04/2008 however, in their letter, they agreed to lift that restriction for this one lot only; • The granting of this approval would not preclude the Commission from denying any subsequent similar request; • This is the only property the club owns that fronts Big Canyon Drive that is not part of the Club's golf course; • There is no limitation on the ingress /egress easements access to the club house and use of the roads for maintenance; • The building pad on the lot is 240 feet from the home at 22 Rue Villars and the vegetation will afford privacy; • The land is not designated as open space under the General Plan and there has been no commitment by the Club or predecessors to dedicate it as open space; • The Club has the right to use the property anyway it sees fit as long as it is approved by the City; • Parking for the lot will have an additional 4 parking spaces in addition to the 2 required by the Planned Community Development Plan standards; • There will be parking on the lot for construction vehicles during the project; • There is support for the Club's project from the Canyon Crest HOA in Big Canyon Planned Community. • He then provided a copy of the referenced letter for the Commission and staff. Commissioner Unsworth, referencing the conceptual site plan, asked for and received clarification. Public comment was opened. Mr. W. Layman, local resident, noted his support of the project stating there will be no problem with the curb cut for the proposed residential structure. Mr. G. Brooks, local resident, as president of Canyon Crest Community Association noted their support of this project and is an excellent land use for the club. This proposed residence would probably come into their association as it is close in proximity. There has been no official attempt at this point; however, all members would have a say through the board. . Roland Osgood, local resident, noted his support of this project, it will create more property tax instead of remaining a vacant lot. Dr. Deborah McWilliams, local resident, noted she is not in support of the project due to quality of life issues such as views, noise, property values and soils in the area due to erosion problems. She asked that there be a mitigation measure requiring some additional testing to be done to evaluate the erosion that is taking place along that side. Terry Hackett, local resident, noted his support of the project stating any soils problem will be found out with the core samDlino to be done: the Droiect will Page 3 of 9 �a NEWPORT BEACH PLANNING COMMISSION MINUTES be included in an association; traffic is not problematic; there is no reason not to approve the application. Mary Jean Simpkins, local resident, noted her support of the project and asked about the height and lot size of the proposed project. Mike Levin's, contractor for 11 Rue Biarritz, noted the unknown factors associated with this proposed project and asked that the owners receive pertinent information. He asked if motor homes or trailers would be allowed to park on that proposed residential site as well as the height of the trees that would interfere with views. William Mauerhan, local resident, noted the slope in question and asked that the soils engineers look at it and make recommendations. He supports the development and feels there would be no traffic impacts. Gary Singer, local resident, noted this will be an improvement for the community as currently it is bare land. Tom Foster, local resident, noted his support of the project for similar reasons as stated. He noted that trucks are constantly coming into the area as homes are remodeled. Karen Belson, local resident, noted her support of the proposal as it is a wonderful addition to the community. Todd Meyer, local resident, noted his support of the proposal for similarly stated reasons adding there will be no detriment to the value or enjoyment of his property. Kevin Hayes, local resident, noted his support of the proposal for similarly stated reasons. In viewing the lot, unless you were to build a structure of 8 stories or greater, it wouldn't encroach on views. He expressed support for a covenant stating the building should be less then 7 stories. This will be one of the premium new lots in Big Canyon with new construction and will enhance the surrounding values. Dwight Ryan, local resident, noted his support of the project. As president of the Canyon Hills Homeowners Association the board members have discussed this project and agree to the proposal. Jan Vandersloot, local resident, spoke on behalf of SPON noting: *The concern of converting park space into residential space and wonders if that is going to be mitigated. •There are two areas of biological significance on the site. One is the steep slope area called mixed sage plant community and another area called Southern Willow Scrub. This is a significant natural plant community and ought to be recognized as such in the MND and there should be mitigation directed to it, which there is not. The MND needs to address better the Southern Willow Scrub and how it fits in 12/04/2008 Page 4 of 9 � t NEWPORT BEACH PLANNING COMMISSION MINUTES 12/04/2008 *There could be a condition where the plant material on the steep slope portion will not be removed. Bernie Rome, local resident, noted: • Over the years several of the lakes in Big Canyon area have been filled in by the country club for their benefit; • The land that the proposed project is to be on was at one time a lake and now we are being asked to use that property for a house for money to be used by the club; • Several residents have asked if there are going to be more houses built bedside this one; • If this is the only piece of property to be developed, put it in writing; • If this is approved, it should have a caveat that this is a one -time approval that is attached to an association and has guidelines for architectural control; Michael Brewer, local resident, noted his support of the Club's proposal. Frank Hughes stated he purchased his property over thirty years ago. At that time, he was assured there would be no residential use on the golf course. The CCR's require that an annexation have approval of 2/3 vote of the association. The membership of Canyon Crest should have a vote on this matter. The issue of dirt on the streets to date has not been addressed. Now with more trucks bringing in more dirt. The site is a "dump ". The applicant needs to address the issue of the dirt removal and fill and truck haul route to be used. Jerry Nourse, local resident, noted there is no issue of egress /ingress; over time, many more homes will be re -built so the dirt haul is not an issue and this should not be assigned to this applicant alone. Sonja Qoder, local resident, stated she has remodeled her house twice in the past using the CCR's and City regulations. We had been told that there was to be no parking off Big Canyon as well as no egress off Big Canyon; however, the Club has been given a "special dispensation ". Other residents have asked for this "dispensation", but have been refused. How is this going to be stopped? Russell Bunim answered some of the comments: • Height requirement is measured from existing natural grade and the proposed project will be 32 feet above grade. • Trailers and RV's — the City has no restriction for parking vehicles on site. • The Big Canyon Planned Community has setbacks which are twenty feet along the front setback and five feet along the sides and ten feet in the rear. • Southern Willow Scrub and Coastal Sage Scrub issues were addressed in the Biology Report. There is a mitigation measure included that addresses the scrub. Page 5 of 9 12 NEWPORT BEACH PLANNING COMMISSION MINUTES 12/04/2008 Larry Tucker added: • Extensive discussions were done both with the master association, which own the spine street and the guard gates and the sub association, Canyon Crest. • There will be either a deed covenant or annexation. If there is no annexation, the deed covenant will be with the buyer and it will have a series of restrictions. • A deed restriction would be vested by the Club who in turn would assign the rights to enforce the deed restrictions to the master association. Commissioner Hawkins noted that the annexation would be the better way to handle all the issues that have been brought up. Discussion continued on dues, assessments, membership issues, etc. Mr. Harp stated that a condition can be added to address the issue of having a covenant or agreement in place. Mr. Tucker continued: • Building area on the plan does not include the slopes. • There is no development near the 18 Rue Villars unit so there will be no slope analyzing except to the extent the club has independent of this proposed lot. • This is not park space and is not public. It is private property. • The biologist was hired and came up with their opinions regarding the scrubs. • A covenant not to build more houses - this is the only area adjacent to Big Canyon Drive that is not used as part of the golf course. Restriction affects values and value affects how much can be borrowed against a property. We would not want this as an additional condition as it is not fair to bind something in the future. • The Negative Declaration has covered the haul trucks; how much material will be removed is unknown at this time. There will be a series of soil tests done and we will see what the recommendations are. • There have been no prior commitments other than the use as a golf course from The Irvine Company that will relinquish that restriction to the proposed residential project site. • The property will have a lot of frontage that could accommodate additional parking on site as long as it was designed for with turfblock but that will be up to the new owner. Mr. Brine noted that Big Canyon Drive is a private street. The width is such that parking could be allowed on the street but it is up to the master association as to how and what they want to enforce. Public comment was closed. Commissioner Toerge noted: • Site lines are adeauate Page 6 of 9 NEWPORT BEACH PLANNING COMMISSION MINUTES 12/04/2008 • Mitigated Negative Declaration could be enhanced a bit regarding the construction period of fifteen months and should probably be increased; • This lot is currently part of the golf course and it is required to have a conceptual site plan to be used to render a decision whether it is appropriate to convert. The site plan we have is inadequate; however, it should be meaningful. • There is no public review process and there is a potential for something to be built that would be out of character with the rest of the neighborhood and there is no association overseeing it now. • There is no way for the Commission to determine if the development on this lot is consistent with other lots in Big Canyon. • There should be a requirement for a conceptual site plan. One way would be to amend the Planned Community Development Plan to require it. • He suggested a conceptual site plan should be reviewed in a public setting. • Absent an HOA or a deed covenant that is in place, the project should have a conceptual site plan review. Motion was made by Commissioner Toerge and seconded by Commissioner Hawkins to recommend that the City Council adopt Mitigated Negative Declaration No. ND2008 -003; and approve General Plan Amendment No. GP2007 -008, Planned Community Development Plan Amendment No. PD2007 -005, and Parcel Map NP2007 -029 with the findings in the resolution with the added condition that: • Prior to the issuance of building permits, a conceptual site plan review is conducted before the City, or a deed covenant could be in place, or the site gets annexed into the HOA. Commissioner Hawkins noted the conceptual site plan would be necessary is when the deed restriction is triggered. Mr. Bunim noted the guideline to review a conceptual site plan is in Chapter 20.92 of the Zoning Code. The process would be done as a condition of approval for a tentative subdivision map. Mr. Lepo added that the process deals with design conformity within the PC text and compatibility with the neighborhood, reasonable amount of grading, etc. Chairperson Peotter noted there could be an additional condition to require the Conceptual Site Plan to come back for review by either the Zoning Administrator or the Planning Commission. The condition would also indicate that membership in an association is required or if the club wants to put a deed restriction that would be similar to the CCR's. The club would then enforce the compatibility and other issues the City would not have to. The club could also pass on those responsibilities onto Canyon Crest that would be acceptable. Page 7 of 9 -74 NEWPORT BEACH PLANNING COMMISSION MINUTES 12/04/2008 Mr. Lepo noted a deed restriction is not viable as there is no way to enforce it. Mr. Harp opined there could be third party beneficiary for enforcement purposes. Mr. Tucker noted the site plan condition to the map is acceptable. However, he questions if they were going to be unable to record the map. Following a brief discussion it was determined that there be a condition to record a covenant in favor of the City that requires site plan review before building permit issuance as a condition to recording the map. However, the preference is annexation of the lot. The maker of the motion agreed. Commissioner Hawkins noted he would not support this condition. Chairperson Peotter noted he would second the motion as proposed with the additional condition. Commissioner Hawkins noted the concern of the slope and should not be compromised and left alone to the extent feasible as is and proposed that this be added as another condition. Commissioner Toerge did not accept this amendment to his motion as there might be some advantage to maintaining the slope and this is too broad and too restrictive. Vote was taken on the amendment to the motion. Ayes: Hawkins Noes: Eaton, Unsworth, Peotter and Toerge Excused: McDaniel and Hill ren Vote was taken on the main motion. Mr. Harp noted added Condition 20 could include a recorded covenant to mirror the CCR's and have Canyon Crest as the third party enforce them or the City would require a conceptual site plan review. Ayes: Eaton, Unsworth, Hawkins, Peotter and Toerge Noes: None Excused: McDaniel and Hill ren ADDITIONAL BUSINESS: City Council Follow -up — Mr. Lepo reported that the Council heard the appeal on the Shorehouse Cafe use permit denial and upheld the Planning Commission decision without prejudice; a General Plan Amendment to allow construction of a new City Hall on Avocado was also passed. Planning Commission reports. - Commissioner Eaton noted the General Plan Implementation Committee will be looking at revisions discussed at prior meetings. Page 8 of 9 -75 NEWPORT BEACH PLANNING COMMISSION MINUTES 12/04/2008 Announcements on matters that Commission members would like placed on a future agenda for discussion, action, or report — Commissioner Toerge asked about the report on the Accessory Outdoor Dining permits. Mr. Lepo stated he would bring that report back. Requests for excused absences - none ADJOURNMENT: 8:50 p.m. BARRY EATON, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION Page 9 of 9 7� ATTACHMENT 4 Letter from applicant requesting an alternative �j (0) Big Canyon Country Club December 18, 2008 Russell Bunim Planning Department City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Re: Big Canyon Country Club Dear Russell, Prior to the December 4, 2008 Planning Commission meeting on the Big Canyon Country Club proposed general plan amendment, PC text change and parcel map, I had requested that the PC text be amended to include a requirement for four visitor parking spaces on the lot the Club is seeking to create. You indicated that it was the Planning Departments desire to handle the added parking, and the prohibition against vehicles backing out from the lot into Big Canyon Drive as conditions on the parcel map. This seemed acceptable at the time and the matter went forth to the Planning Commission proposed as such. During the course of the Planning Commission hearing, the Commission desired to impose a site plan review process on the project, which staff also recommended be implemented by a condition on the parcel map. The conditions related to added onsite parking, as well as vehicle exiting from the lot and site plan review .all most appropriately should be reviewed when a design for the home on the tot is being finalized. I realized during the. Planning Commission hearing, and said so at that time, that imposing the design related. requirements by way of a map condition likely may not work for the Club. That is because the map conditions must be satisfied not later than the date the map approval will expire. If the map expires, the general plan amendment and zone text change will also expire since they have to have a legal parcel to attach to. Given the state of. the economy, it is quite possible that a lot buyer will not surface any time soon, and therefore, the design work on the lot may not be done .by the time it would need to be completed in order for the .staff to attest that the map conditions related to the design of the lot have been satisfied. Accordingly, Big Canyon Country Club requests that the three conditions referred to above be One Big Canyon Drive, Newport Beach, CA 92660 -5299 (9491044-5404 • Pax (949) 720 -9338 • bigcanvon@biecanvoncc.ore moved from parcel map conditions to PC text changes at the City Council hearing on the Club's application. That would allow the intentions of the staff and the Planning Commission to be vindicated, but would also allow the Club to move forward with recordation of the parcel map without having to wait for a lot buyer to design a home and related improvements for the lot. Best regards, Larry Tucker Vice President V ATTACHMENT 5 Conceptual Site Plan (Required by Council Policy K -1) .. s� - . -P FWOLYl101 CaMP08RE V1WIYBASE EXEE7' �m PARCEL MAP lf90V(Yg10dH110'G11B � IS1140NR1CloA i s� ATTACHMENT 6 Comments on the MND GRANGE COUNTY AIRPORT LAND USE COMMISSION FOR ORANGE COUNTY 3160 Airway Avenue • Costa Mesa, California 92626 - 949.252.5170 fax: 949.252.6012 December 8, 2008 Russell Bunim, Assistant Planner Planning Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Subject: Changes to Initial Study Unriments for Big'Canyon General Plan Amendment and Subdivision Dear Mr. Bunim: In a comment letter dated to you on December 1, 2008 we stated that pordi�ns of the proposed Big Canyon residential project appear to surpass the 100:1 notificiWon surface. We recommended that the of t plicant file form -W l 'thrlhofederal Aviation Administration (FA Aj iind'ttia %Hitt' iefer (he project'ia the t I JC. Please be aware that AL.UC staff's initial cat, �ations were incorrect and the proposed project does not penetrate.the tl�tification '" "`r for JWA., We �o longer suggest that the applicant file form 7460 -1 wits because the project dies not penetrate the notification surface an `is located outsthe obstruction imagin surfaces for I-W t ended that the proJec ttt C for consistency r ,.7;7 s ' .,; x' Thank you for tlte:opportimAylk. inment on this mitii1![,s4*.- We- apologize for any confusion this may., r a 'th c y( i - ur �4l' "listing us with assessing the projec°i eas r; Unii38s a ''• t, ?.5512 '(ri lea email at lumnas Lcyocair.com should you require additional information. Sincerely. Kari A. Rigoni Executive Officer U 7RANGE COUNTY AIRPORT LAND USE COMMISSION FOR ORANGE COUNTY 3160 Airway Avenue • Costa Mesa, California 92626 - 949.252.5170 fax: 949.252.6012 December 1, 2008 Russell Bunim, Assistant Planner Planning Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 RECEIVED BY PLANNING DEPARTMENT DEC 04 °e' °'i CITY OF NEWPORT BEACH Subject: Initial Study for Big Canyon General Plan Amendment and Subdivision Dear Mr. Bunim: Thank you for the opportunity to review the Initial Study for the proposed single- family detached dwelling unit in the context of the Airport Land Use Commission's Airport Environs Land Use Plan for John Wayne Airpprt (JWA AEL UP). We wish to offer the following comments and reggest c gsitleration of tleese r�gfrments:as >you proceed with preparation of your P*gatea Ne rve Declaration (MNIJ.). The proposed project is located within the Fe4exal Aviation Regulation (FAR) part 77 Notification Area for JWA. ALuC staff rev wd theroposed project and based on the data received, we found that portio fTYie i et r to surpass the 100:1 notification &urface. Penetration of is surface requires that the project applicant file FAA Form 74 1 e; - e Tonal O1g in ordeTT at,4ency to determine any potential _ ird WA. We recommend thAl the �D dis tt s tlie,praject's location witwit the FAR Part 77 Notification Area- : €or.JWA,aa4#ffte that the FAA deterif in,*mn will be considered in developing the pro.ct t� r A referral by the City to the ALUC is recommended for this project due to the location of the proposal within an AELUP Planning Area and due to the nature of the required City approvals (i.e. General Plan Amendment and Planned Community Amendment) under PUC Section 21676(b). In this regard, please note that the Commission suggests such referrals to be submitted and agendized by the ALUC staff between the Local Agency's expected Planning Commission and City Council hearings. Since the ALUC meets on the third Thursday afternoon of each month, submittals must be received in the ALUC office by the first of the month to ensure sufficient time for review, analysis, and agendizing. Also keep in mind that a copy of the FAA 7460 -1 determination must be part of your submittal package before the project can be accepted for filing. �f Thank you for the opportunity to comment on this initial study. Please contact Lea Umnas at (949) 252 -5123 or via email at lumnas{cr�,ocair.com if you need any additional details or information regarding the future referral of your project. Sincerely, Kari A. Rigoni �U Executive Officer Si5 01/07/2007 23:16 FA% 9496440574 FRANK HUGHES FAX TRANSMITTAL TO: RUSSELL BUNIM FROM: FRANK HUGHES DATE: AUGUST4, 2008 RE: BIG CANYON COUNTRY CLUB la 001 Russell - I am forwarding a copy of the letter that was mailed today to all residents of the Big Canyon Community Association, for your information. I believe there are several important points raised in the letter. The least of which is the CC &R's provision that annexation of any lot to the Big Canyon Community Association will require a W affirmative approval. This does not mean 2/3 of a quorum, but, 213 of all. 1 believe there are 489 lots in the association so the applicant would have to receive 326 affirmative votes for annexation. Further, you will read that The Irvine Company stipulated that a use other than golf related would constitute a breach of contract by their 1974 deed to the Club. You may wonder why the letter was assumed necessary. The community does not have a.newsletter. I was uncertain from my conversations with you what the area of notification of the public hearing would include. I personally believe since it involves an amendment to the PC, that the entire community should be included in the notification of hearing. I still hope that you would notify me when the staff report has been completed. I do believe there are sufficient facts to justify a negative recommendation to the Planning Commission, However, I do anticipate there will be significant political pressure to recommend approval. I hope am wrong on this assumption. If I may be of any further . assistance, please let me know. 01/07/2007 23:18 FAX 9498440574 FRANK HUGHES FROM CONOERNED RMIDFNTS OFW CANYON JULY 2009 0002 This letter is being sent to all residents of Big Canyon by fellow residents for what we believe Is of material concern to all. It is a precedent which we feel could significantly.adversely affect the community and that you need to be informed. sale or a reglaftnnai lot on the CAWS tif$ [. The proposed parcel fronts onto Big Canyon Drive between Rue Villars and Rue Biarritz. The City Planning Staff is processing the applicaition Subject to a Public Hearing, the -date to be announped later -by,the City. There.are a number of issues which must. be considered.. The master planning of our community is now approaching 40 years. it provided several distinct parcels for single family and condominium homes which would not have direct driveway access to Big Canyon Drive. -lime urrvcw�fgi2__ i2io umayon unye i no proposea Driveway, is at a potentially dangerous location. it is. at a point on the down slope of the roadway, limited sight distance, and a 35 mile speed limit, which as you have observed is regularly exceeded. i ne RLPQsea Site was in 100 alt used by tha.Cl ib Ara a damn,, Based .upon a soils analysis, a determination would have to be made by the Club and the City whether the dumped materials would have to be removed. from the site. By an -chance could there lie a Connection �y stoclmile of dirt the ub has recently nt ■a a(�3d adjacent to Mac Arthur Blvd.- ttnd_thi$ alts? If so, that would: subject us to another huge amount of dirt and debris being hauled across our streets. Enough is enough of dirty streets and large dirt hauling trucks. It is Presumed that in order to provide the necessary utilities to the site the Club would propose to open cut Big Canyon Drive, subject to the concurrence of the-Big Canyon Community Association Board of Directors, It appears that the Club would apply to the Canyon Crest Community Association and the Big Canyon Community Association for annexation of the parcel to the associations. Such annax tion by thg CC &R's mulre$ a two thirds vote of all Qwners �1 01/07/2007 28:17 FAX 9490440574 FRANK HUGHES 0003 When the Club accepted the deed for their properly In 1974, The Irvine Company (TIC) stipulated in the deed that the Club property was to be used for golf purposes only. Uses other than golf related constitutes a bread of contract. The Club received the approximately 140 acre property at a signfficant reduced market value of about $5,000 per acre. The TIC deed provided for ingress and egress for the Club ro Big Canyon Drive. That ro vision.WM included oniv to p yid9 dr�wav a � R A MIS clubhouse and the use (1litia road for Club mMoMnance vehicles. The Club is trying to use that as a right for a residential driveway. We, as residents, have purchased our homes with the assurance that the Big Canyon Planned Community approved by the City Council clearly indicates that residential is not a "permitted use" on the golf course The expressed reason by the Club for the parcel is purely financial. Apparently the Club is realWng significant cost overruns. WA do nc that we should accede to comaromisina the oommunity. olannina wl pgntrol their financial affairs. The sale of this proposed lot will hot solve their financial overrun and there may be other methods available to the Club to address their financial difficulties. It may be speculated that the addition of one lot at this time by the Club could give precedent to propose additional lots along Big Canyon Drive. If you feel as we do: rnis rener+�as preaarea, pad for anaditfbuWbykdMbWli6sldenr& It is post V a OW. the Club reveal their mtendom to all of Ng OWWn. You deserve to be made aware of this appiicadon by the Gub and that is why we decided to send this letter , 06/24/2008 15:17 FAX 9496444574 FRAM$ HUGHES (9J001 � X TZ Aoe5m t -rT-P L ( �; u 14 1 n/l t WK: Hut-,if-55 ZC, :f-2), G C&I-A q a N CO t/'IJ 7 -j C 1- V tPS U o Ua r„ 5 Gtr Wru SAfl c a'F 7M 1 . 4oA 4-.7S4.o 4(r- -p4vF stF N1 SH o s 7 r ?ar"pf qv EO Fon 'Do u6- CouL --�. `T 4O V 6-I (fit- t -r k0o u cn R ei� too 2 '*40 on- 1 "Fo, T No V) rats P1 -F—( "7i o F-brt- t- � -r��►. -rte -ti-v c�L TV )2-s�ca 08/24/2008 15:17 FAX 9498440574 FRANK HUGHES 1@004 May 17, 2008 Doug - Thank you for keeping me posted on your work. It Is really appreciated. As a result of your phone call indicating that you were meeting Monday with the attorney, I revisited the 119 page deed. As I have Indicated It Is hardly legible and .many portions are extremely difficult to read. There. are a couple of provisions which may or may not be relevant to our cause. But, I will point them out in case it is of any help to the attorney. I am enclosing copies of the pages of interest so you can see how difficult to read. I really feel that the attorney should obtain a copy of the deed for his records. Exsal:rzts from CoWratlon Grant Deed recorded December 30, 1974 Page 24 of 119 (a) Use Conditions Grantee shall at all times continue to use the premises for a private country club and reasonably associated therewith and in the event Grantee breaches such condition, Grantor may either reenter and take possession of the premises and oust all persons therefrom. it being intended that the breach of any such condition shall operate a condition subsequent and not each and all of Grantee, its successors and assigns , I believe you can see the intent as I continue to have trouble reading Page 25 of 119 (b) Right of First Refusal If at anytime for a period of 75 years from and after the date of the deed Grantee shall have received a bona fide offer to purchase, lease or otherwise acquire and intends to sell, lease or otherwise transfer all or any portion of the property conveyed hereby, Grantor shall the right of first refusal with respect to the portion of said property to be sold, leased or otherwise ..................... Grantee shaft notify Grantor in writing of its intent to make such bona fide sale ............Grantor shall have 30 days In which to exercise its optioning which to notify Grantee If it wished to exercise Its option .............. Doug, Tucker may or not intend to approach The Irvine Company to cross the is and dot the i's. But, it raises the specter that TIC may indeed intend to demand a portion of the sale proceeds. Added to this is that the Big Canyon Community Association is to concede its approval may also demand a significant fee to compensate its Investment over the last 36 years and the cost to become part of the community. These potential surcharges added to the cost of providing a buildable home site, including the potential removal of debris and replacement of soil, may have a dissuading opinion of the Club. M 08/24/2008 15:17 FAX 9498440574 1 FRANK HUGHES 0005 Another Issue is whether the master association win concede to open cuts of Its roadway for access to utilities. I strongly advocate that not be allowed. The open cut they made at the clubhouse site across Big Canyon Drive should be a reminder of what these cuts can perpetually mean to the structural integrity of the roadway. I welcome you continuing to including me in your progress. I very much honor the confidentially of the information and will not reveal anything until you Indicate that is permitted. I stand ready to help In anyway. I just thougght this morning that I hope this were not to come to a head in late June. We are to travel to China returning about July 9. Keep up the good work Frank R� 08/24/2008 15:17 FAX 9490440574 FRANK HUGHES MEMORANDUM To: Doug Coulter From: Frank Hughes Date: June 3, 2008 Re: Big Canyon Country Club Doug, this is in response to your phone call of last evening. IA002 I have reproduced the printout showing the right of way for Big Canyon Drive. It will show that the Big Canyon Community Association on behalf of all BC owners has a BO foot right of way. Of that 51/2 feet are from the back side of the rolled curb. it is my understanding that the Club, based upon the deed from The Irvine Company, claims that they have the right of ingress and egress to the street. The reason for that provision in the deed was to allow for access to the clubhouse and for their maintenance vehicles to use the West. It was not intended that they would use that deed section for a residential driveway. But, they may have a strong argument for their position. There are other issues which I believe the Association has a much stronger position. These are relative to their right to open cut the street to acoess the utilities. If the Association will definitely not allow them to out the street, I feel that they will find it, if not difficult, but impassible to provide the required utilities to the proposed lot. This is something that I believe worthy of discussion with your son In law. it would seem that Public Works in the review process would have an input favorable to the Association about how utilities are provided. Another important Issue is the previous use of the site by the Club as a dump. Larry Tucker is aware of this prior use, as well as the City. I would hope that the City staff would find as a condition before submitting to the public hearing, that a soils study be presented to determine the extent of removal /recompacting and be part of their staff report. Also, if there were to be removal from Big Canyon, how would that be accomplished - would trucks have to be in and out of our streets. A possible concern would be by the City Traffic Engineer. The placement of a driveway onto the street at this location may be hazardous due to the high rate of speed of cars on Big Canyon Drive and impaired sight distance for cars entering the street. One other pending possibility is environmental/habitat. I continue to believe that the site is an extension of its connection with the Back Bay. Z 06/24/2008 15:17 FAX 9496440574 FRANK HUGHES IM 003 I do believe that the Club will find it necessary to get clearance from The Irvine Company relative to their deed restriction that no part of the golf course property may be used for other than golf course related uses. The Company may impose a heavy charge to allow the breach of contract. Doug, It may be that my timing being away from June 25 until July 1 o may coincide when a public hearing could occur. In the event that it appears a hearing were to occur in my absence, I will prepare my statement to the Planning Commission and leave it with probably Jim Mears. I am always available at your request to help In any way that I can. Good luck with your meeting of June. 26 and I will be anxious to hear the Mme upon my return. I RECEIVED BY PLANNING DEPARTMENT DEC 04 2006 CITY OF NEWPORT BEACH TO: RUSSELL BUNIM ASSISTANT PLANNER PLANNING DEPARTMENT CITY OF NEWPORT BEACH PETITION SUBJECT: PA2007 -210 Big Canyon GPA, PCA,PM The undersigned are all residents of Rue Villars. Our community association is immediately adjacent to the parcel of land on which the Big Canyon Country Club proposes to develop a residential lot and subsequently offer it for sale for the construction of a single family dwelling. Our association will be the most affected by the proposed construction of the building site. We have been made aware of the provisions of the Negative Declaration. And, we find the report to be lacking on the following concerns. The Negative Declaration fails to indicate that the subject site was used at various times by the Club for the dumping of materials, including potentially deleterious materials. The City staff elected to not require the applicant to supply a soils report for the environmental evaluation. This appears to be a direct contradiction that the applicant proposes to export approximately. 7,500 Cubic yards of material and then import approximately 5000 cubic yards. It would seam that indicates the applicant is aware of the dumped material. The exportAmport of dirt will Involve not less than 625 dirt truck trips on our common roads again strewing dirt upon our streets. The Negative Declaration fails to address the potentially hazardous entry of the residential driveway onto Big Canyon Drive. The entry has insufficient sight distance to vehicles traveling west bound on a street designed for 35 mile per hour speed limit. The proposal is to remove 1.9 acres from the Open Space in Big Canyon. The residents who purchased homes in Big Canyon should deserve the continued expectation that the commitment to preserve open space would not be violated. We, respectfully, recommend that the Planning Commission forward to the City Council a recommendation for denial for amendments to the General Plan, the Planned Community, and the one lot subdivision. N ofne Address Page 1 Rq d- NA74d 14i� iqn�e Name Name Name Name Name Name Name Name Name C 74;?l 5qS7-�, Val Address V t f Address Address Address s pg=&� Address Address Address Address Address Address Address Address Address Address Page 2 _ � r IM a, Frank Hugbed 4PmtehwstLa NewportBeaeb,CA92660 TeL _N9 644 -0574 F= Hm F= Pbom f/xdinc ®co mt Russell Bunim Assistant Planner Planning Department City of Newport Beach P. U. Box1768 Newport Beach, CA 92658 -8915 Wednesday, November 12, 2008 Re: PA 2007 -210 Big Canyon Country Club Dear Russell, RECEIVED BY PLANNING DEPARTMENT NOV i,7 Z"`3 CITY OF NEWPORT BEACH On this date I visited your offices for the purpose of reviewing the Negative Declaration for the pro- posed rezoning and approval of a residential lot by the Big Canyon Country Club. I appreciated your patience in describing the report and regret my lack of knowledge of what is to be covered in such a document. However, I was disappointed to discover there were issues which the document failed to address and which I felt logically would have been included in the text. As a preamble, I was disappointed to see that the document did not address the issues that the site was previously used by the Club as a dump site (and at times by residents), there were no indica- tions as to how the applicant would provide utilities to the site, and the less than acceptable loca- tion of a residential driveway onto a community roadway with a speed limit of 35 mile per hour, and often exceeded. The Club is relying upon The Irvine Company deed for roadway ingress and egress when the intention was that was solely for access to the clubhouse site and the maintenance vehi- cles of the Club. This would constitute the only residential driveway onto Big Canyon Drive within the entire community. Only being able to review the document in your offices, I have tried to make notations to the vari, ous sections. Air Quality - Section 111(b) Perhaps, the question really relates as to how the applicant will propose to handle the existing soils conditions. Many long term residents are aware that the site was used as a dump site. The report did indicate that approximately 7500 cubic yams would be removed from the site and 5000 cubic yards would have to be imported. The community has had to endure years of large trucks hauling dirt in and out. Now, it appears that dirt will again be strewn onto our streets, but, this time possibly in and out the West gate. With 20 cubic yard trucks that is 625 truck trips which could qualify as an environmental issue. Biological Resources - Section IV(d) Over the years our community has realized considerable ani- mal habitat which visits. These have included at least coyote, possum, bobcats, and skunks. The site of this residential lot is very likely one of the paths that those visitors used. 9 b page 2 Geology and Soils - Section VI(b) Since a soils report has not yet been required, we have no way of knowing if there may be an unstable condition. As indicated earlier, it is common knowledge that the Club used the site to dump deleterious materials on the site. Before this application is forwarded on to the City Council, a determination should be made whether or not the suspected material as it exists constitutes an unstable condition for a building program. Land Use Planning - Section IX(b) Obviously it is in violation of the intended land use since the application is coupled with an amendment of the General Plan and the PC. The residents of Big Canyon should be able to rely on the approval of the City Council on January 26, 1981 of the Big Canyon Planned Community, Amendment No. 4. That document clearly states on Page 15 that resk dential is not a "Permitted Use". It was never the intent for the Club property to be used for other that golf related purposes. The Club certainly accepted this when they received the Corporation Grant Deed from The Irvine Company in 1974 which stipulated that the property would be used only for golf related purposes. The residents of the homes on the northerly side of Rue Villars certainly had a reasonable right to expect that their privacy would not be invaded by the construction of a private residence in their back yards. I respectfully ask that the Planning Commission consider the concerns of residents and their reli- ance upon previous zoning decisions and request that the application be forwarded to the City Council with a negative recommendation. Sincerely yours, j n,wL k Hughes it Southern California Gas Company A *Sempra Energy umity`° November 13, 2008 City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658 Attention: Russell Bunim 1919 S. State College Blvd. Anaheim, CA 92806-6114 RECEWED BY PLANNING DEPARTMENT NOV 17 2008 CLOP NEWPORT BEACH Subject: Mitigated Negative Declaration for Big Canyon General Plan Amendment and Subdivision. This letter is not to be interpreted as a contractual commitment to serve the proposed project but only as an information service. Its intent is to notify you that the Southern California Gas Company has facilities in the area where the above named project is proposed. Gas facilities within the service area of the project could be altered or abandoned as necessary without any significant impact on the environment. Information regarding construction particulars and any costs associated with initiating service may be obtained by contacting the Planning Associate for your area, Dave Baldwin at (714)634 -3267. Technical Supervisor Pacific Coast Region - Anaheim Ps/my "tnegde.doc Wpb IRVINE COMPANY Since 1864 November 17, 2008 Russell Bunim Planning Department City of Newport Beach 3300 Newport Blvd. Newport Beach CA 92663 Re: General Plan Amendment and Zone Change, Big Canyon Country Club Dear Mr. Bunim: The Irvine Company in its 1974 Grant Deed to Big Canyon Country Club reserved solely unto itself the right to approve of any uses of Club property for other than "a private country club and uses reasonably associated therewith." The Irvine Company has reviewed the proposed plans of the Club for a one lot subdivision for one home to be located on approximately 1.9 acres adjoining Big Canyon Drive, between Rue Villars and Rue Biarritz. The Irvine Company supports the Club's plan because The Irvine Company does not believe that one house in the proposed location will have any impact on the master plan for Big Canyon. Best regards, Dan Miller Sr. Vice President Entitlement & Public Affairs 16) 4j-�� Ju, J-z� 74 -,o �,- a4zoc NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on January 27, 2009, at 7:00 p.m., a public hearing will be conducted in the City Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach, California. The City Council of the City of Newport Beach will consider the following application: A General Plan Amendment, Planned Community Development Plan Amendment, and Parcel Map to allow the development of a new, single - family dwelling on a portion of the Big Canyon golf course. The General Plan Amendment would change the land use category from Parks and Recreation (PR) to Single -Unit Residential Detached (RS -D). The Planned Community Development Plan Amendment would amend the Big Canyon Planned Community to change the land use designation from "Golf Course" to "Low Density Residential." NOTICE IS HEREBY FURTHER GIVEN that pursuant to the California Environmental Quality Act (CEQA), a Mitigated Negative Declaration (MND) has been prepared in connection with the application noted above. Copies of the MND and supporting documents are available for public review and at the Planning Department, City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92658 -8915 (949) 644 -3200. All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing (described in this notice) or in written correspondence delivered to the City, at, or prior to, the public hearing. The agenda, staff report, and environmental documents may be reviewed at the Planning Department, City of Newport Beach. 3300 Newport Boulevard, Newport Beach, California, 92663 or at the City of Newport Beach website at www.city.newport- beach.ca.us on the Monday prior to the hearing. For more information, call (949) 644- 3200. Project File No.: PA2007 -210 Activity No.: GP2007 -008, PD2007 -005, NP2007 -029 Zone: Big Canyon Planned Community General Plan: Parks and Recreational (PC -8) (PR) Location: The project site is located on Applicant: Larry Tucker on behalf of the north side of Big Canyon Drive, BCCC between the Rue Biarritz and Rue Villars. Leilani I. Brown City Clerk AFFIDAVIT OF POSTING On an l 6 , 2009, I posted the Notice of Public Hearing regarding: Project File No.: PA2007 -210 Activity No.: GP2007 -008, PD2007 -005, NP2007 -029 Zone: Big Canyon Planned Community (PC -8) General Plan: Parks and Recreational (PR) Location: The project site is located on the north side of Big Canyon Drive, between the Rue Biarritz and Rue Villars. Applicant: Larry Tucker on behalf of BCCC Date of Hearing: January 27, 2009 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on January 27, 2009, at 7:00 p.m., a public hearing will be conducted in the City Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach, California. The City Council of the City of Newport Beach will consider the following application: A General Plan Amendment, Planned Community Development Plan Amendment, and Parcel Map to allow the development of a new, single - family dwelling on a portion of the Big Canyon golf course. The General Plan Amendment would change the land use category from Parks and Recreation (PR) to Single -Unit Residential Detached (RS -D). The Planned Community Development Plan Amendment would amend the Big Canyon Planned Community to change the land use designation from "Golf Course" to "Low Density Residential." NOTICE IS HEREBY FURTHER GIVEN that pursuant to the California Environmental Quality Act (CEQA), a Mitigated Negative Declaration (MND) has been prepared in connection with the application noted above. Copies of the MIND and supporting documents are available for public review and at the Planning Department, City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92658 -8915 (949) 644 -3200. All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing (described in this notice) or in written correspondence delivered to the City, at, or prior to, the public hearing. The agenda, staff report, and environmental documents may be reviewed at the Planning Department, City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663 or at the City of Newport Beach website at www.citv.newoort- beach.ca.us on the Monday prior to the hearing. For more information, call (949) 644 -3200. Project File No.: PA2007 -210 Zone: Big Canyon Planned Community (PC -8) Location: The project site is located on the north side of Big Canyon Drive, between the Rue Biarritz and Rue Villars. Activity No.: GP2007 -008, PD2007 -005, NP2007 -029 General Plan: Parks and Recreational (PR) Applicant: Larry Tucker on behalf of BCCC Leilani I. f3rown City Clerk NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on January 27, 2009, at 7:00 p.m., a public hearing will be conducted in the City Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach, California. The City Council of the City of Newport Beach will consider the following application: A General Plan Amendment, Planned Community Development Plan Amendment, and Parcel Map to allow the development of a new, single - family dwelling on a portion of the Big Canyon golf course. The General Plan Amendment would change the land use category from Parks and Recreation (PR) to Single -Unit Residential Detached (RS -D). The Planned Community Development Plan Amendment would amend the Big Canyon Planned Community to change the land use designation from "Golf Course" to "Low Density Residential." NOTICE IS HEREBY FURTHER GIVEN that pursuant to the California Environmental Quality Act (CEQA), a Mitigated Negative Declaration (MND) has been prepared in connection with the application noted above. Copies of the MND and supporting documents are available for public review and at the Planning Department, City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92658 -8915 (949) 644 -3200. All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing (described in this notice) or in written correspondence delivered to the City, at, or prior to, the public hearing. The agenda, staff report, and environmental documents may be reviewed at the Planning Department, City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663 or at the City of Newport Beach website at www.citv.newport- beach.ca.us on the Monday prior to the hearing. For more information, call (949) 644 -3200. Project File No.: PA2007 -210 Zone: Big Canyon Planned Community (PC -8) Location: The project site is located on the north side of Big Canyon Drive, between the Rue Biarritz and Rue Villars. Activity No.: GP2007 -008, PD2007 -005, NP2007 -029 General Plan: Parks and Recreational (PR) Applican •LarryTuckQ{on behalf f Leilani I. Brown City Clerk Ez Is �i n 56QAnattlifdtMh $Q@ @t l; I� Us@A@ w "RAtoLTkrJ1MTM Jff9Ed PAW f4pE6ag IR�turo 2 ��"ij HST; 939 230 46 939 230 47 939 230 48 GeorgeMurai RichardSanlos LeighDiMarco 9 Southampton Ct 22436 Woodgrove Rd 5 Southampton Ct Newport Beach CA 92660 -4207 Lake Forest CA 92630 -2358 Newport Beach CA 92660 -4207 939 230 49 LindaFavreau 3 Southampton Ct #149 Newport Beach CA 92660 -4207 Bellcourt Hill Homeowners Assoc. MN Community Association Mgmt 16742 Gothard Street 104 Huntington Beach, CA 92647 Big Canyon Townhomes Assoc. Cardinal Property Management Attn Anita Hilyer 1290 N. Hancock St 103 Anaheim, CA 92807 Canyon Crest Community Assoc. Villageway Management P.O. Box 4708 Irvine, CA 92616 Canyon Lakes Community Assoc. Villageway Management P.O. Box 4708 Irvine, CA 92616 Canyon View Community Assoc. Total Property Management Inc. 2 Corporate Park 200 Irvine, CA 92602 Newport Hills Estates Association Villageway Management P.O. Box 4708 Irvine, CA 92616 Etiquettes faciles a peler Vfi*Aa:ti%4311kitAW WYE 596V' Utilisez le gabarit AVERY® 51600 939 230 50 EdwardDiOrio 1 Southampton Ct Newport Beach CA 926604207 Doug Coulter 21 Rue Fountainebleau Newport Beach, CA 92660 Bellcourt Master Community Assoc. Big Canyon Community Assoc. Progressive Community Mgmt. Villageway Property Mgmt 27405 Puerta Real 300 P.O. Box 4708 Mission Viejo, CA 92691 Irvine, CA 92616 Big Canyon Villas Condo Assoc. Merit Property Management 1 Polaris Way 100 Aliso Viejo, CA 92656 Canyon Hills Community Assoc. Villageway Management P.O. Box 4708 Irvine, CA 92616 Canyon Mesa Community Assoc. Villageway Management P.O. Box 4708 Irvine, CA 92616 Eastbluff HO Community Assoc. Walters Management Maureen Fitzpatirck 17300 Red Hill Ave. 210 Irvine, CA 92614 One Ford Road Community Assoc. Keystone Pacific 16845 Von Karman 200 Irvine, CA 92606 Sens de chargement Sens de chargement Bluffs H.O. Community Assoc. Sun Properties Ted Loveder PO Box 8167 Newport Beach, CA 92658 Canyon Island Community Assoc. Villageway Management P.O. Box 4708 Irvine, CA 92616 Canyon Point Community Assoc. Villageway Management P.O. Box 4708 Irvine, CA 92616 Eastbluff Apt. Owners Assoc. Villageway Management P.O. Box 4708 Irvine, CA 92616 Sea Island Community Assoc. PCM 23726 Birtcher Dr Lake Forest, CA 92630 PA2007 -210 for GP2007 -008 NP2007 -029 & PD2007 -005 I Big Canyon Drive DATE OF MEETING: - Cgn4 f154z6kdRuiPfe Instruc Ion �MJ - - Easy Peel Labels EhN 1 A See Instruction Sheet Use Avery® TEMPLATE 51600 iFeed Paper for Easy Peel Feature i ® IS AVERV 051600 1 JOSEPH & KARALYN SCHUCHERT CITY OF NEWPORT BEACH CITY OF NEWPORT BEACH 1949 SUGARLAND DR #250 PO BOX 1768 PO BOX 1768 SHERIDAN, WY 82801 NEWPORT BEACH, CA 92658 NEWPO EACH, CA 92658 i CITY OF NEWPORT BEACH PO BOX 1768 NEWPOR ACH, CA 92658 ALONA M CORTESE 218 MARIGOLD AVE CORONA DEL MAR, CA 92625 P B & VIRGINIA L BALDWIN 15 RUE MARSEILLE NEWPORT BEACH, CA 92660 KIME DUANE TRUST PO BOX 10387 SAN RAFAEL, CA 94912 TABIBZADEH TRUST 11 RUE FONTAINBLEAU NEWPORT BEACH, CA 92660 MESA COMMUNITY CANYON PO BOX 7931 NEWPORT BEACH, CA 92658 DUKE JENNY M TRUST HAROLD & JANICE DEINO 10 RUE VILLARS NEWPORT BEACH, CA 92660 KIM E CATANZARITE 1 CANYON CT NEWPORT BEACH, CA 92660 TRIDENT PROPERTIES 461 S GLASSELL ST ORANGE, CA 92866 CHRISTOPHER ARNOLD 2183 MEYER PL COSTA MESA, CA 92627 TURNBULL D M LIVING TRUST 11 RUE MARSEILLE NEWPORT BEACH, CA 92660 AVRO GAON 1 RUE MARSEILLE NEWPORT BEACH, CA 92660 ANNE WARSAW 15 RUE FONTAINBLEAU NEWPORT BEACH, CA 92660 HOWARD G JACOBS 22 RUE VILLARS NEWPORT BEACH, CA 92660 HOWARD G LANG 16 RUE VILLARS NEWPORT BEACH, CA 92660 WESLEY DEAN HACKER 6 CANYON FAIRWAY DR NEWPORT BEACH, CA 92660 BRIAN MARTINI 3 CANYON FAIRWAY DR NEWPORT BEACH, CA 92660 WITTE JENE M TRUST 6 RUE MARSEILLE NEWPORT BEACH, CA 92660 ARDISTE R REIS 12 RUE MARSEILLE NEWPORT BEACH, CA 92660 GERALDINE P MIRAMS 7 RUE MARSEILLE NEWPORT BEACH, CA 92660 RALPH JOHN BOLLINGER 5152 PICCADILLY CIR WESTMINSTER, CA 92683 MESA COMMUNITY CANYON PO BOX 7931 NEWPORT BEACH, CA 92658 BRENNAN H GEORGE TRUST 20 RUE VILLARS NEWPORT BEACH, CA 92660 EDWARD C LAST 12 RUE VILLARS NEWPORT BEACH, CA 92660 TOMKINSON- PHILLIPS FAMILY 2004 2 CANYON FAIRWAY DR NEWPORT BEACH, CA 92660 RAMON ROSSI LOPEZ 5 CANYON CT NEWPORT BEACH, CA 92660 Etiquettes faciles A peter A Consultez la feuille www.averycom Utilisez le nabarit AVERY® s160® Sens de chamement d'instruction 14600 -GO -AVERY Easy Peel Labels Use Avery® TEMPLATE 51600 GARNER TRUST 10 BURNING TREE RD NEWPORT BEACH, CA 92660 15 DEERWOOD LANE QUALIFIED PER 15 DEERWOOD LN NEWPORT BEACH, CA 92660 RENATO TROTTA 6 WINGED FOOT LN NEWPORT BEACH, CA 92660 STEMLER PAUL /MARY TRUST 7 WINGED FOOT LN NEWPORT BEACH, CA 92660 BARBARA 1 RIPPEE 32 BURNING TREE RD NEWPORT BEACH, CA 92660 DORANJANDRY 20 BURNING TREE RD NEWPORT BEACH, CA 92660 MONTAPERT ANTHONY B TRUST 41 ROYAL SAINT GEORGE RD NEWPORT BEACH, CA 92660 WARD F GULLEY 44 BRAEBURN LN NEWPORT BEACH, CA 92660 TONG AN LU 17 PINEHURST LN NEWPORT BEACH, CA 92660 CURRIE TRUST 24 PINEHURST LN NEWPORT BEACH, CA 92660 1 A See Instruction Sheet! ® i iFeed Paper for Easy Peel Featurei QAVEiii/ ®5160® ; DENNIS SAMUEL KLARIN KALLINS FAMILY TRUST 14 DEERWOOD LN 0 NEWPORT BEACH, CA 92660 RICHARD JAMES JUNKER 2 WINGED FOOT LN NEWPORT BEACH, CA 92660 JOE HUNTSMAN 8 WINGED FOOT LN NEWPORT BEACH, CA 92660 KEVIN MYERS 5 WINGED FOOT LN NEWPORT BEACH, CA 92660 VANCE LESLIE C TRUST 26 BURNING TREE RD NEWPORT BEACH, CA 92660 RANDALL E PRESLEY / 0 i/ CRYSTAL JOHN /VICTORIA TRUST 43 ROYAL SAINT GEORGE RD NEWPORT BEACH, CA 92660 ALFREDO E DOMASIN ,0 NICHOLAS PAPPAS 23 PINEHURST LN NEWPORT BEACH, CA 92660 MAHMOUD & SADIE KHARAZMI 25 BURNING TREE RD NEWPORT BEACH, CA 92660 TUCCI FAMILY 2008 TRUST 4 WINGED FOOT LN NEWPORT BEACH, CA 92660 TUERK GEORGE R TRUST 10 WINGED FOOT LN NEWPORT BEACH, CA 92660 GABRIEL & MARIA H HERNANDEZ 3 WINGED FOOT LN NEWPORT BEACH, CA 92660 ANTHONYBOHAN 22 BURNING TREE RD NEWPORT BEACH, CA 92660 FRANK E HUGHES ,0 AUDREY STEELE BURNAND 0 PAULDUNN 36 ROYAL SAINT GEORGE RD NEWPORT BEACH, CA 92660 CALVERT JAY W FAMILY TRUST 25 PINEHURST LN NEWPORT BEACH, CA 92660 PASSO FAMILY TRUST ,0 t:tiquettes faciles A paler A Consuttez la feullle www.avery.com I Mlli<as la nahaNt AVFRVO 51 MO Sens de charoement d'instructien 1.800- GO-AVERY Easy Peel Labels Use Avery® TEMPLATE 51600 DONALD G ZELLNER 9 RUE DEAUVILLE NEWPORT BEACH, CA 92660 E & W ENTERPRISES 633 17TH ST #3000 DENVER, CO 80202 DERMOTT LUCINDA M TRUST 15 LOCHMOOR LN NEWPORT BEACH, CA 92660 CHARLES H KLIEMAN 21 LOCHMOOR LN NEWPORT BEACH, CA 92660 KRISTY LEE 2 HERMITAGE LN NEWPORT BEACH, CA 92660 MARK E & ANN 0 DANNER 5 OAKMONT LN NEWPORT BEACH, CA 92660 ®!n 1 A � See Instruction Sheet 1 1Feed Paper for Easy Peel Feature k' ® SAVERY ®5160® ` SMITH DWIGHT B SR TRUST HARRINGTON FAMILY 1999 TRUST 7 RUE DEAUVILLE 1 RUE DEAUVILLE NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 VEITCH CHRISTOPHER /I TRUST 60 ROYAL SAINT GEORGE RD NEWPORT BEACH, CA 92660 ESTHER M BEHNAM ,0 SMITH FAMILY TRUST 8 RUE BIARRITZ NEWPORT BEACH, CA 92660 POINT COMMUNITY CANYON 96 CORPORATE PARK #300 IRVINE, CA 92606 Etiquettes faciles 3 polar IltiRcnv to naharit AVFRVO StRn® HELEN B SHERMAN 8 RUE DEAUVILLE NEWPORT BEACH, CA 92660 ALEXANDER BOWIE 17 LOCHMOOR LN NEWPORT BEACH, CA 92660 ARTHUR DJR PERRONE 23 LOCHMOOR LN NEWPORT BEACH, CA 92660 MARVIN WILLSON 10 HERMITAGE LN NEWPORT BEACH, CA 92660 ALLEBORN SEPARATE PROP TRUST 4 OAKMONT LN NEWPORT BEACH, CA 92660 MARK F & LISA S HARRYMAN 54 ROYAL SAINT GEORGE RD NEWPORT BEACH. CA 92660 BONE WILLIAM G 1992 TRUST 300 EAGLE DANCE CIR PALM DESERT, CA 92211 VANHENSBERGEN FAMILY TRUST 320 S MILLIKEN AVE STE A ONTARIO, CA 91761 MACDONALD LIVING TRUST 9 TORREY PINES LN NEWPORT BEACH, CA 92660 A Sens de charoement MOGHBEL PARI TRUST 10 RUE DEAUVILLE NEWPORT BEACH, CA 92660 WATERS TRUST 19 LOCHMOOR LN NEWPORT BEACH, CA 92660 RANDALL C LUCE 25 LOCHMOOR LN NEWPORT BEACH, CA 92660 ZINN SANDRA TRUST 14 HERMITAGE LN NEWPORT BEACH, CA 92660 WIDDER FAMILY TRUST ,0 HOOVER FAMILY TRUST 20271 SW BIRCH ST #100 NEWPORT BEACH, CA 92660 SAMUELS SANDRA M TRUST 6 RUE BIARRITZ NEWPORT BEACH, CA 92660 FLORENCE EMMA BARNES 7 RUE BIARRITZ NEWPORT BEACH, CA 92660 RAJESH LAL ,0 Consultez la feuille d'instructinn www.avery com 1.aea- G(3AVFRY easy reel woeis Use Avery® TEMPLATE 51600 KHOURY TRUST 18 CHERRY HILLS LN NEWPORT BEACH, CA 92660 See Instruction Sheet FEN rj A�RY®57� Feed Paper for Easy Peel Feature j �1 1 KENNETH W COLBAUGH ROBERT H TELLER 16 CHERRY HILLS LN 504 S BAYFRONT NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92662 EASTERBROOK F N/M C TRUST GERALD GOSTANIAN 3 CYPRESS POINT LN 4 CYPRESS POINT LN NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 THOMAS C FOSTER LEE FAMILY TRUST 8 CYPRESS POINT LN 10 CYPRESS POINT LN NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 RICHARD GOODMAN ROUNTREE JAMES TTRUST 18 CYPRESS POINT LN 5 REDBIRD NEWPORT BEACH, CA 92660 IRVINE, CA 92603 MORTEZA MARANDI MARY THEODORA THOMPSON 83 ROYAL SAINT GEORGE RD 19 ROYAL SAINT GEORGE RD NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 GENE FRIDOLFS ROBERT L HALLEY 15 ROYAL SAINT GEORGE RD 9 ROYAL SAINT GEORGE RD NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 DENNIS J SWEENEY TERRY C HACKETT 5 ROYAL SAINT GEORGE RD FLOOR 2 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 BRENT L HOLDEN IMBERNINO GOLDA 1 LIVING TRUST 6 ROYAL SAINT GEORGE RD 12 ROYAL SAINT GEORGE RD NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 BOUKATHER GEORGE A TRUST SOLOMON M SEIDMAN 1399 LOGAN AVE 20 ROYAL SAINT GEORGE RD COSTA MESA, CA 92626 NEWPORT BEACH, CA 92660 JOHN K HOOVER DONALD L MORROW 26 ROYAL SAINT GEORGE RD 28 ROYAL SAINT GEORGE RD NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 ttiquettes fadles 8 peter Utilisez le gabarit AVERY® 51600 Sens de chargement DAVID L STEFFY 6 CYPRESS POINT LN NEWPORT BEACH, CA 92660 DALESTUARD 16 CYPRESS POINT LN NEWPORT BEACH, CA 92660 MICHAEL ROGERSON 2201 ALTON PKWY IRVINE, CA 92606 LAL K PUNWANEY 17 ROYAL SAINT GEORGE RD NEWPORT BEACH, CA 92660 DALE AUBREY SNYDER 7 ROYAL SAINT GEORGE RD NEWPORT BEACH, CA 92660 BRADLEY FAMILY TRUST 4 ROYAL SAINT GEORGE RD NEWPORT BEACH, CA 92660 JOHN G DAVENPORT 14 OAK CREST LN NEWPORT BEACH, CA 92660 DAVID FRANEY 24 ROYAL SAINT GEORGE RD NEWPORT BEACH, CA 92660 FRED HUGHES 30 ROYAL SAINT GEORGE RD NEWPORT BEACH, CA 92660 Consultez la feuille www.averycom d'instruction 1- 800 -GO -AVERY Easy Peel Labels Use Avery® TEMPLATE 51600 PITCHESS FAMILY TRUST 4 CORONA IRVINE, CA 92603 NICHOLAS & JOANNE DEBLIS 4 RUE GRAND VALLEE NEWPORT BEACH, CA 92660 HOWARD G RICHARDSON 3 RUE CANNES NEWPORT BEACH, CA 92660 JAMES D & M M POWELL 23 RUE CANNES NEWPORT BEACH, CA 92660 STANLEY FADER 18 RUE CANNES NEWPORT BEACH, CA 92660 MORTGAGE & LAND CO NATIONAL 300 EAGLE DANCE CIR PALM DESERT, CA 92211 LEWIS F DAVIS 9 RUE VALBONNE NEWPORT BEACH, CA 92660 EDWIN A SIMOVICH 0 WALKER JOSEPH /F FAMILY TRUST 47 OVERLOOK DR NEWPORT COAST, CA 92657 MCDONALD FAMILY TRUST 24 RUE SAINT CLOUD NEWPORT BEACH, CA 92660 Ittiquetres faciles h peler Utilisez le gabarit AVERY® 51600 1 A See Instruction Sheet i ® AVERY ®5160® i lFeed Paper for Easy Peel Featurel ® S 1 HERTEL JOANN C FAMILY TRUST BARNES RONALD S 1999 TRUST 5 RUE BIARRITZ 2 RUE GRAND VALLEE NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 THELEN FAMILY TRUST 8 RUE GRAND VALLEE NEWPORT BEACH, CA 92660 JOAN O'GRADY 7 RUE CANNES NEWPORT BEACH, CA 92660 NFJ FAMILY TRUST 122 COLONY WAY BRANDON, MS 39047 HANSON FAMILY TRUST 14 RUE CANNES NEWPORT BEACH, CA 92660 MCINTYRE FAMILY TRUST 5 RUE 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BRUCE & JULIE BLUMBERG 2 SAWGRASS DR NEWPORT BEACH, CA 92660 RANELLE S URBAN 707 BAY HILL DR NEWPORT BEACH, CA 92660 D MICHAEL OLSON 1019 MUIRFIELD DR NEWPORT BEACH, CA 92660 HERBERT W KALMBACH 1011 MUIRFIELD DR NEWPORT BEACH, CA 92660 MAI NGUYEN LY 1003 MUIRFIELD DR NEWPORT BEACH, CA 92660 DONNA F WILLIAMS ,0 DAVID SEAGO 815 MUIRFIELD DR #62 NEWPORT BEACH, CA 92660 TOMMY A JR ROMERO 2000 BEACH ST #102 SAN FRANCISCO, CA 94123 ®!A 1 A, � See Instruction Sheet 1 AVERY 05160 i keed Paper for Easy Peel Feature( ® l a j LESLIE METCALFE WILES TRUST 613 BAY HILL DR 701 BAY HILL DR NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 PETER J & GAIL STULIK 413 BAY HILL DR NEWPORT BEACH, CA 92660 JOHN & COURTNEY FEW 610 NEWPORT CENTER DR #500 NEWPORT BEACH, CA 92660 ftiquettes faciles h peter IlfilicP7 la naharit AVERY® StfiA* ELLSWORTH FAMILY TRUST VICTORIA ESPERANZA AMICK 711 BAY HILL DR 715 BAY HILL DR NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 FJELLSTROM MAYBELLE TRUST WILEYSUSIE H TRUST PO 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d'instruction 1- 600-60 -AVERY jreea raper tar Easy Peel Feature ( 60 �'-' ••• —'• °" CORP LIONHEAD JOHN D & CHRISTIAN H WARD ALEXANDER L CALIGIURI 12735 SAN VICENTE BLVD 36 SEA ISLAND DR 39 SEA ISLAND DR LOS ANGELES, CA 90049 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 KATHY SHEN -SHANE WILLIAM S MCCOOK DAGORTAIDA M TRUST 43 SEA ISLAND DR 45 SEA ISLAND DR 910 ISLAND DR #113 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 RANCHO MIRAGE, CA 92270 PAUL MILLER MESSIER SARA L TRUST MICHELLE M LOVEALL 2 FAWN RUN 52 SEA ISLAND OR 306 COLLINS AVE PITTSFORD, NY 14534 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92662 STEPHANIE HUERTA LINDA D LYONS ORDWAY FAMILY TRUST 55 SEA ISLAND DR 56 SEA ISLAND DR 58 SEA ISLAND OR NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 MARK JAMES PLATTE DISKIN FAMILY TRUST MOSKOWITZ B M/N E TRUST AB 1806 KUMAKANI PL 60 SEA ISLAND DR 18325 CHARLTON LN -IONOLULU, HI 96821 NEWPORT BEACH, CA 92660 NORTHRIDGE, CA 91326 3EZKO ERIC TRUST JOHN P MURPHY JAMES PAULUS 0 SEA ISLAND DR 65 SEA ISLAND DR 66 SEA ISLAND DR VEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 iERGMAN LIVING TRUST JOANNE K JACOBS PHILIP L CROWLEY 7 SEA ISLAND DR 68 SEA ISLAND DR #68 69 SEA ISLAND DR IEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 'RISTIN ERIN OLSON RAYMOND E ACOSTA KERN ROBERTA M TRUST 0 SEA ISLAND DR 819 GARDENIA WAY 72 SEA ISLAND DR iEWPORT BEACH, CA 92660 CORONA DEL MAR, CA 92625 NEWPORT BEACH, CA 92660 DSS K & SANDRA S HALSTEAD ANDREA L YOUNG GEORGE KOTZEFF 0 77 SEA ISLAND DR 78 SEA ISLAND DR NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 )RENE GONIA WILBER C SHAFFER FLETCHER TRUST SEA ISLAND DR 0 83 SEA ISLAND DR EWPORT BEACH, CA 92660 ✓ NEWPORT BEACH, CA 92660 Ouettes fades h peter ilisez le aabarit AVERY® simO � Sens da rhA.mm.nn• Cw!mkez la feullle WWW.W lyA=R Easy Peel Labels Use Avery® TEMPLATE 51600 TAMI J TAECKER 50 SEA PINE LN NEWPORT BEACH, CA 92660 LAURIE GURLEY 19 NORTHAMPTON CT NEWPORT BEACH, CA 92660 JAMES HOOTE 45 SOUTHAMPTON CT NEWPORT BEACH, CA 92660 MARI F PALASH 25 SOUTHAMPTON CT NEWPORT BEACH, CA 92660 MARK E ANDERSON 21 SOUTHAMPTON CT NEWPORT BEACH, CA 92660 RICHARD SANTOS 22436 WOODGROVE RD LAKE FOREST, CA 92630 CO IRVINE 550 NEWPORT CENTER DR NEWPORT BEACH, CA 92660 CITY OF NEWPORT BEACH PO BOX 1768 NEWPORT ACH, CA 92658 GATES HARRY L TRUST 5 RUE FONTAINBLEAU NEWPORT BEACH, CA 92660 MUNTHE SUSAN P 2006 TRUST 3 RUE MARSEILLE NEWPORT BEACH, CA 92660 A See Instruction Sheet ®gyErjy ®5160® i Feed Paper for Easy Peel Feature KAREEM A HABEEB KARENJSTOUT 5 NORTHAMPTON CT 17 NORTHAMPTON CT #108 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 ALBAN ANN STERN 49 SOUTHAMPTON CT NEWPORT BEACH, CA 92660 PAUL LIENER 35 SOUTHAMPTON CT NEWPORT BEACH, CA 92660 MICHAEL MUDD 23 SOUTHAMPTON CT NEWPORT BEACH, CA 92660 DONNA L HALL 15 SOUTHAMPTON CT NEWPORT BEACH, CA 92660 EDWARD J DIORIO 1 SOUTHAMPTON CT NEWPORT BEACH, CA 92660 WILSON AUDREY M TRUST 47 SOUTHAMPTON CT 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TEMPLATE 51600 DOUGLAS C COULTER 21 RUE FONTAINBLEAU NEWPORT BEACH, CA 92660 PODLISKA MOIRA A 1992 TRUST 17 RUE FONTAINBLEAU NEWPORT BEACH, CA 92660 VIRGINIA MACDONALD 4 RUE FONTAINBLEAU NEWPORT BEACH, CA 92660 ` ALBERT J CROSSON 10 CANYON FAIRWAY DR NEWPORT BEACH, CA 92660 VIRGINIA MACDONALD 9 TORREY PINES LN NEWPORT BEACH, CA 92660 LLOYD SHARON R FAMILY TRUST 101 BAY HILL DR NEWPORT BEACH, CA 92660 MARY K ELAM PO BOX 15183 NEWPORT BEACH, CA 92659 MARTIN THADDEUS F TRUST '0 CONSIDINE R H/TJ TRUST ;0 KAREN M DON 309 BAY HILL DR NEWPORT BEACH, CA 92660 j_ bee msuuawn mee i ►& AVERY ®5160® i Feed Paper for Easy Peel Featurey l� JUDY L CULP PODLISKA MOIRA A TRUST 19 RUE FONTAINBLEAU 17 RUE FONTAINBLEAU NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 9266D CHIKUSA MASAKO 19 TRINITY IRVINE, CA 92612 SOROSKY NANCY S TRUST 2 RUE FONTAINBLEAU NEWPORT BEACH, CA 92660 JEANNE M JONES 8 LOS MONTEROS DR MONARCH BEACH, CA 92629 MARTHA A PETERSON 803 MUIRFIELD DR NEWPORT BEACH, CA 92660 RONALD MARTEL 105 BAY HILL DR NEWPORT BEACH, CA 92660 DOLORES & PT JONES 10 RUE FONTAINBLEAU NEWPORT BEACH, CA 92660 JEAN L MAHONEY 1205 N BROADWAY SANTA ANA, CA 92701 COCHRAN FAMILY TRUST 1280 BISON AVE #B9 -590 NEWPORT BEACH, CA 92660 ROBERT D CASEY 801 MUIRFIELD DR NEWPORT BEACH, CA 92660 WILLIAM J & MICHELLE B KING 0 ROBERT D EXEL DONNA J FRANKLIN PO BOX 10475 203 BAY HILL DR NEWPORT BEACH, CA 92658 NEWPORT BEACH, CA 92660 ALEXANDER N & NORA JAMIAS 209 BAY HILL DR NEWPORT BEACH, CA 92660 STONEY L S TRUST 3961 HOSPITAL RD #425 NEWPORT BEACH, CA 92663 TONY & TAMERA RICHARD 311 BAY HILL DR NEWPORT BEACH, CA 92660 MAURICE F O'SHEA 211 BAY HILL DR NEWPORT BEACH, CA 92660 TERRENCE J QUINN 307 BAY HILL DR NEWPORT BEACH, CA 92660 ELEANOR M REED PO BOX 125 SUN VALLEY, ID 83353 Eti4uettes fadles i peler A Consuttez to feuille wwwAvery.com Utilises le gabarit AVERY® 51600 Sens de chargement d'instruction 1- 800-G0.AVERV use Averyw TEMPLATE 51600 WHO YOU TRUST 513 SAY HILL OR NEWPORT BEACH, CA 92660 FRITZ 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NEWPORT BEACH, CA 92660 GAUGHAN TRUST 0 MICHAEL BR LEEPER 14 SEA ISLAND OR NEWPORT BEACH, CA 92660 STEVEN CASTANEDA 20 SEA ISLAND DR NEWPORT BEACH, CA 92660 SHANE SHAFER 24001 OAK VALE DR VALENCIA, CA 91355 RICHARD J & SHARLEEN A HEAGLE 32 SEA ISLAND DR NEWPORT BEACH, CA 92660 A Sens de chargement JAMES F RICKETTS 607 BAY HILL DR NEWPORT BEACH, CA 92660 KERI KCOMER 11 RED ROCK IRVINE, CA 92604 SALINAS FAMILY LIVING TRUST 835 AMIGOS WAY #11 NEWPORT BEACH, CA 92660 MORTON FAMILY TRUST 29211 ALFIERI ST LAGUNA NIGUEL, CA 92677 LAMBIE ALAN S JR TRUST 9 SEA ISLAND DR NEWPORT BEACH, CA 92660 JAMES J & JANICE P GARDY 17 SEA ISLAND DR 417 NEWPORT BEACH, CA 92660 ISABEL C FONTAO 22 SEA ISLAND DR NEWPORT BEACH, CA 92660 GREGORY D & SHERYL J VACCA 15 WHITE PINE DR NEWPORT COAST, CA 92657 MGL PROPERTIES LLC 1200 QUAIL ST #140 NEWPORT BEACH, CA 92660 Coruultezlafeu#!e Wwwavw.com: Easy Peel Labels Use Avery® TEMPLATE 51600 JOHN VAN ROSSEM 1 CANYON ISLAND DR NEWPORT BEACH, CA 92660 BILL HERRMANN 8 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CA 92660 RIVERA SCOTT /AMY TRUST 33 CANYON ISLAND DR NEWPORT BEACH, CA 92660 MDI REALTY INC PO BOX 1149 SKIPPACK, PA 19474 SCHRECK LIVING 2005 TRUST 56 SEA PINE LN NEWPORT BEACH, CA 92660 HARAMIA FAMILY TRUST 51 SEA PINE LN NEWPORT BEACH, CA 92660 DEBRA L REED 10 CANYON ISLAND DR NEWPORT BEACH, CA 92660 DEBROUWER RAY V TRUST 9705 WASHBURN RD DOWNEY, CA 90241 ROBERT SCHOON MAKER 19 CANYON ISLAND DR NEWPORT BEACH, CA 92660 WALLERICH BILLUR TRUST 24 CANYON ISLAND DR #24 NEWPORT BEACH, CA 92660 BERGMAN FAMILY TRUST 16 CHATHAM CT NEWPORT BEACH, CA 92660 HILL ANTJE W TRUST 36 CANYON ISLAND DR NEWPORT BEACH, CA 92660 GEORGIA R WALLING 61 SEA PINE LN NEWPORT BEACH, CA 92660 DROVER C/C FAMILY TRUST 54 SEA PINE LN NEWPORT BEACH, CA 92660 JOHN 5 MARTIN 4032 PICKFORD WAY MODESTO, CA 95356 Etiquettes faciles 3 peter A Consuitez la feuille www.overycom Utllisez le gabarit AVERY® 51600 Sens de chargement d'instruction 14UNWO -AVERY Easy Peel Labels Use Avery® TEMPLATE 51600 JAMESJ MUFFIE 4 CANYON FAIRWAY DR NEWPORT BEACH, CA 92660 f 1 ♦ See Instruction Sheet At i Ll► i 'Feed Paper �' for Easy Peel Feature ® aA� ®5160® i FUNAHASHI -WU LIVING TRUST SANDRA L MITCHELL 7 CANYON CT 9 CANYON CT NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 FAIRWAY COMMUNITY CANYON PO BOX 4708 IRVINE, CA 92616 JOHN FRENCH 16 CANYON FAIRWAY DR NEWPORT BEACH, CA 92660 BYRON RAY HOFFMAN 6 RUE VILLARS NEWPORT BEACH, CA 92660 GEORGE CHACOPULOS 1 RUE VILLARS NEWPORT BEACH, CA 92660 LAKE COMMUNITY CANYON PO BOX 4708 IRVINE, CA 92616 TONG A & WEN C; LU 7 BURNING TREE RD NEWPORT BEACH, CA 92660 ROLAND F OSGOOD 17 BURNING TREE RD NEWPORT BEACH, CA 92660 DONALD A NELSON 1 WINGED FOOT LN NEWPORT BEACH, CA 92660 JEFFREY K MARHEINE 6 PINEHURST LN NEWPORT BEACH, CA 92660 Nquettes faciles 6 paler . 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IRVINE, CA 92616 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 MARCIAL R MANCILLAS KAY C TAECKER NEAL C LAKENAN 131 CANYONCREST 27 RUE GRAND VALLEE 7 RUE DU PARC IRVINE, CA 92603 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 B WILLIAM RANDALL FOSNIGHTTRUST HOOVER FAMILY TRUST 2 RUE DU PARC 17 RUE FONTAINE 11 RUE FONTAINE NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 BIG CANYON COUNTRY CLUB PRESBYTERY OF LOS RANCHOS MICHAEL A 1AC0BS 1 BIG CANYON DR PO BOX 910 9 RUE GRAND VALLEE NEWPORT BEACH, CA 92660 ANAHEIM, CA 92815 NEWPORT BEACH, CA 92660 ISLAND COMMUNITY CANYON MALONEY FAMILY TRUST BERG CAROL G TRUST PO BOX 4708 16 RUE GRAND VALLEE 6 RUE GRAND VALLEE IRVINE, CA 92616 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 LNquettes fades h peler A Consultez la feuille wwwjmrycom Utilisez le gabarit AVERIf0 51600 Sens de chargement d'Instrurtinn 1_RWLAMAWP Easy Peel Labels Use Avery® TEMPLATE 51600 BAKER SUSAN C TRUST 4 RUE CHAMONIX NEWPORT BEACH, CA 92660 DONALD R BRINGGOLD ,0 FARRELL FAMILY TRUST A 17671 CASSIA TREE LN IRVINE, CA 92612 BIJAN MODJTAHEDI 0 JOHN GAUGHAN 0 ELAINE A BONUGLI 5 RUE MONTREUX NEWPORT BEACH, CA 92660 MESA COMMUNITY CANYON PO BOX 7931 NEWPORT BEACH, CA 92658 MESA COMMUNITY CANYON PO BOX 7931 NEWPORT BEACH, CA 92658 BELCOURT HILL HOMEOWNERS PO BOX 4708 IRVINE, CA 92616 WILLIAMS BARBARA G TRUST 1015 GRAND CT HIGHLAND BEACH, FL 33487 Etiquettes faciles 0 peter ' Utilisez le gabarit AVERY® 51600 • � See Instruction Sheet i ® AVERY 05160 1Feed Paper ' for Easy Peel Feature 1 ® 1 SHACHAR K B RESIDENCE TRUST ROBERT EADS 40 RUE FONTAINBLEAU 46 RUE FONTAINBLEAU NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 ERIK KJELL ANDERSON 300 S HARBOR BLVD #1010 ANAHEIM, CA 92805 JOHN HOFFERLIN ,0 BEKIR & HEATHER G BASEN 5 RUE CHATEAU ROYAL NEWPORT BEACH, CA 92660 SHIRLEY EBERHARD 40 BELCOURT DR NEWPORT BEACH, CA 92660 JUDITH E FREEMAN 3 RUE MONTREUX NEWPORT BEACH, CA 92660 MESA COMMUNITY CANYON PO BOX 7931 NEWPORT BEACH, CA 92658 HARDY FAMILY TRUST 6 RUE MONTREUX NEWPORT BEACH, CA 92660 GERALD H MCQUARRIE 1095 S 800 E #1 OREM, UT 84097 ATHELINE MARIE MORENO 809 MUIRFIELD DR NEWPORT BEACH, CA 92660 Sens de chargement LYONS R M/D H 2002 TRUST ,0 MICHAEL L & SATU K GRASSO 12 ROCKINGHAM DR NEWPORT BEACH, CA 92660 BEHDAD AKBARPOUR 1 RUE CHATEAU ROYAL NEWPORT BEACH, CA 92660 MARLIN DALE TRUST 12 RUE CHATEAU ROYAL NEWPORT BEACH, CA 92660 HOLLY & CASEY S DAVIS 1 RUE MONTREUX NEWPORT BEACH, CA 92660 MESA COMMUNITY CANYON PO BOX 7931 NEWPORT BEACH, CA 92658 DOROTHY V FISCHER 2 RUE MONTREUX NEWPORT BEACH, CA 92660 PETER B PERRIN 0 MORSE FAMILY TRUST 0 Consuitezlafeuille www.avelycom d'instruction 1- 800.60-AVERY Easy Pee_ Labels Use Ave,y - TEMPLATE 5160® i ♦ See Instruction Sheet iFeed Paper �� for Easy Peel Feature l ® ri AVERY ®51600 1J 1 MELANIE J GRAPER WARREN J JR HEEG RICHARD G & MARCIA D LONG 4 SEA ISLAND DR 5 SEA ISLAND DR 7255 YOSEMITE PARK WAY NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 YOSEMITE NTPK, CA 95389 RONALD E GRANT SANDRA S STANGER JOHN D BLOM 8 SEA ISLAND DR 0 0 NEWPORT BEACH, CA 92660 CELINA N CAREY WILLIAM P COOL KEVIN HAYES II 13 SEA ISLAND DR 430 DAHLIA AVE 16 SEA ISLAND DR NEWPORT BEACH, CA 92660 CORONA DEL MAR, CA 92625 NEWPORT BEACH, CA 92660 NANCY W GILL KAREN L WEIL JULIE P PERRY 19 SEA ISLAND DR 21 SEA ISLAND DR 23 SEA ISLAND DR NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 STEWART MATTHEW J TRUST GREGORY & SHERYL 1 VACCA D LA MOURE CORP NATHAN 16 VILLENEUVE 15 WHITE PINE DR 30 SEA ISLAND DR NEWPORT COAST, CA 92657 NEWPORT COAST, CA 92657 NEWPORT BEACH, CA 92660 SECUREINC STEPHEN MEZYK ROCHELCELCARTER 2710 THOMES AVE # 762 35 SEA ISLAND DR 37 SEA ISLAND DR CHEYENNE, WY 82001 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 HAI Y LIANG ROBERTS BEVACQUA NATHAN D IAMOURE 38 SEA ISLAND DR 40 SEA ISLAND DR 41 SEA ISLAND DR NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 MICHAEL S UCHIYAMA ROBERT ASH DARRELL & LYNN S PASH 42 SEA ISLAND DR 44 SEA ISLAND DR 1207 GOLDENROD AVE NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 CORONA DEL MAR, CA 92625 NICASSIO VITO F TRUST i TARQUINIO FAMILY TRUST EDEN RYL 49 SEA ISLAND DR 684 VALLE VISTA DR 51 SEA ISLAND DR NEWPORT BEACH, CA 92660 SIERRA MADRE, CA 91024 NEWPORT BEACH, CA 92660 DIANE V TILLMAN KENNETH S ROGERS SHERRY S TEHRANI 54 SEA ISLAND DR 944 LA MIRADA ST 61 SEA ISLAND DR NEWPORT BEACH, CA 92660 LAGUNA BEACH, CA 92651 :NEWPORT BEACH, CA 92660 ftquettes fadles 8 paler Utllisez le gabarit AVERY® 51608 ♦ Sens de chargement Consultez la feuille www everycom d'instruction 1-8W-60-AVERY;. Use Avery® TEMPLATE 5160® jFeed Paper •�� for Easy Peel Feature j UHVCS�i »ou D M SEPARATE PROP LOCKHART INGOLD TRUST MCCALLISTER FAMILY 1995 TRUST 49 CANYON ISLAND DR 59 SEA PINE LN #C 3334 E COAST HWY #435 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 CORONA DEL MAR, CA 92625 BARBARA WYNNE 57 SEA PINE LN NEWPORT BEACH, CA 92660 OLGA ENGEL 3 NORTHAMPTON CT #102 NEWPORT BEACH, CA 92660 CHEZ RONALD A TRUST 11 NORTHAMPTON CT NEWPORT BEACH, CA 92660 HARIAN ERICKSON 3300 IRVINE AVE #270 NEWPORT BEACH, CA 92660 HIGGINS PAMELA S TRUST 55 SEA PINE LN #57 NEWPORT BEACH, CA 92660 PATRICIA L REILLY 7 NORTHAMPTON CT NEWPORT BEACH, CA 92660 YOUNG K BANG 15 NORTHAMPTON CT NEWPORT BEACH, CA 92660 KIMBERLEY PARKER 41 SOUTHAMPTON CT #131 NEWPORT BEACH, CA 92660 RANDOLPH M & PAULA A GOODMAN THORKELSON FAMILY TRUST 8531 W HOWELL RD 33 SOUTHAMPTON CT BETHESDA, MD 20817 NEWPORT BEACH, CA 92660 EARL E & MARIANNE N MCDANIEL 27 SOUTHAMPTON CT #138 NEWPORT BEACH, CA 92660 LEIGH DIMARCO 5 SOUTHAMPTON CT i NEWPORT BEACH, CA 92660 BIG CANYON COMMUNITY ASSN PO BOX 7091 NEWPORT BEACH, CA 92658 blquettes fadles i1 peler Utilisez le gabarit AVERY® 51600 DOROTHY MARIE SMITH 17 SOUTHAMPTON CT NEWPORT BEACH, CA 92660 LINDA S FAVREAU HOWARD HERZOG 1 NORTHAMPTON CT NEWPORT BEACH, CA 92660 PURVES WILLIAM K/1 M TRUST 9 NORTHAMPTON CT NEWPORT BEACH, CA 92660 GAIL SCHERER 1528 GALLOWAY DR INVERNESS, IL 60010 RICHARD O AYRES 39 SOUTHAMPTON CT NEWPORT BEACH, CA 92660 LARRY JTUCKER 29 SOUTHAMPTON CT NEWPORT BEACH, CA 92660 LINDA KAYE MARTIN 11 SOUTHAMPTON CT NEWPORT BEACH, CA 92660 OLIVIA R ABEL 5 RUE FONTAINE NEWPORT BEACH, CA 92660 Consukez la feuille d'instruction i 1 , www.everycom 14800.60- AVERY. HICKEY & PE-FCHUL LLP i1fifCE ��� FtrTE�� "E,�dd� David E. Hickey ATTORNEYS AT ��j'\�� ! �sl _�/' Dirk E. Pefchul ��T1 \ /E@, TE' -' t4 .�� Denise D. Iger 114 PACIFICA, $L'I E David h1. Gillen IRVINE, CALIFORNIA 92618 Christopher J. wski lY illia. P. Hickeyey' ' TELEPHONE (949) 131727 PH 1: 38 FACSIMILE (949) 727 -1797 f, }� •of Counsel /� (� RECUvTDBY (� TFE C(l y Clf� rdi MY OF NEApTT BEO JAN 2 7 26+J January 27, 2009 City Council & VIA MESSENGER ONLY Planning Department City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Re: Project File No. PA2007 -210, Big Canyon Country Club Subject: Big Canyon Planned Community (PC -8) Dear Sir or Madame: This firm is legal counsel for the Big Canyon Community Association ( "Association "). In that capacity, we have been directed to provide this letter setting forth the Association's present issues and concerns with respect to the General Plan Amendment and Parcel Map Application of the Big Canyon Country Club, as referenced above, and which is scheduled for a public hearing tonight: 1. The Application does not currently make clear the fact that the Association's property, which is located immediately adjacent to and adjoining the proposed Parcel to be created by the Country Club's subdivision, will necessarily have to be involved and modified during the development of the proposed Parcel, and no agreement yet exists between the Association and the Club in that regard. 2. The Application does not address the issues surrounding the annexation of the Parcel into the Big Canyon Community Association pursuant to the already existing recorded Declaration. B i9Canyon /CigCOUllWU012709 City Council & Planning Department City of Newport Beach January 27, 2009 Page 2 3. The Application does not currently provide for a new and separate sheet for the proposed residence to be constructed on the Parcel, which separate street would provide for a driveway entrance for the new residence, rather than have the driveway entrance directly from Big Canyon Drive, and which only then would conform to the standards in the community. 4. The Country Club and its Member's property rights to utilize Big Canyon Drive is limited to ingress and egress to the Country Club, and does not extend to the Country Club's right to grant unrelated access to a new Parcel, including installation of utilities upon Association property /streets, without the express approval and permission of the Association. 5. The Association questions The Irvine Company's ability and power to grant to the Country Club, at this time, additional access and property rights over Big Canyon Drive, as part of the Country Club's arrangement with The Irvine Company agreeing to such a residential Parcel upon golf course property. 6. The Country Club and the Association have been discussing a mutually agreeable resolution of these matters, including annexation of the Parcel into the Association, but no definitive agreement has yet been reached. The Association believes that approval of such a General Plan Amendment and Parcel Map approval should be delayed until such an Agreement is reached between the parties. Thank you for your consideration of these issues and concerns. DEH:Ip cc: Board of Directors Big Canyon Planned Community Very truly yours, HICKEY & PETCHUL, LLP David E. Hickey, Esq. REC: =ha°'D BY "U`,,NNjN �E?AUME ?.1T "AN 2 7 C?j �11 OF NEV-PORT BigCanyon /CityCounoill012709 n A& Ut i'iDA WEIVEi FA oze,� 7 r � ate, -4,� /� a4,tW XIV �(1er�o -de 9 -2-& o Brown, Le[lani From: Lorie Gonia [lorgonia @cox.net] Sent: Monday, January 26, 2009 10:46 AM To: Brown, Leilani "RECEIVED AFTER AGENDA Cc: Mary Fletcher Subject: Public Hearing PF No: PA2007 -210 PRINTED: Good morning, Ms.Brown. I am unable to speak personally at the Public Hearing on January 27, 2009 regarding Project File No: PA2007 -210 (a proposed project in Big Canyon Planned Community PC-8 located on the north side of Big Canyon Drive, between the Rue Biarritz and Rue Villars.) In the notice of public hearing that I received it stated that if I can not be present at the hearing, I can email my concern to you on the Monday prior to the hearing. Please make sure that the following issues are considered by the Newport Beach City Council and Planning Department: I live at 79 Sea Island, Newport Beach, 92660 which is directly across the Big Canyon Golf Course from the proposed development of a new, single - family dwelling. A large portion of the monetary value of my home and my love of living in it is due to the quiet bucolic ambiance of my specific location on the Big Canyon Golf Course. I have a location that currently is not disturbed by lights and noise associated with having another residence across this narrow portion of the golf course on which I live. I implore the City Council and Planning Commission to please consider this quality of life factor for myself and my neighbors. If Project File No.: PA2007 -210 should be approved please stipulate conditions that will limit golf course lighting and noise associated with entertainment and /or dogs. Please send me a brief response to ensure that my e-mail correspondence has been reviewed within the hearing process. Thank you for the opportunity to have my concerns considered. Lorene Gonia 79 Sea Island Dr. Newport Beach, CA 92660 949- 706 -2127 loroonia(d-)cox.net Authorized to Publish Advertises is of all kinds including public notices by Decree of the Superior Court of Orange County, California. N�{�b 4 September 29, 1961, and A -24831 June 11, 1963. � I- CD /CD PROOF OF PUBLICATION -/ JAN 23 STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the NEWPORT BEACH - COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: January 17, 2009 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on January 20, 2009 at Costa Mesa, California. Aw,/,- Gl/7 Sign re AM 9.15 NOME OF POLK NEAPIINi NOTICE IS HEREBY GIV- EN #hot on January 27, 2009, at 7:00 p.m., a public hearing will be conducted in the City Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach, Califon me, The City Council of the City of Newport Beach will consider the following application: A General Plan Amendment. Planned Community Development Plan Amendment. and Parcel Map to allow the development of a new. single - family dwelling on a portion of the Big Canyon golf course. The General Plan Amendment would change the land use category from Parks and Recreation (PR) to Single Unit Residential Detached (RS -D). The Planned Community Oe- velopment Plan Amendment would amend the Big Canyon Planned Community to I change the land use des- ignation from "Golf Course" to "Low Density Residential." NOTICE IS HEREBY FUR- THER GIVEN that pursu- ant to the California En: wronmental Quality Act (CEQA), a Mitigated Negative Declaration'I (MIND) has been pre - pared in connection with the application noted above. Copies of the MND and supporting documents are available for public review and at the Planning Depart- ment, City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California. 92658 -8915 (949) 644- 3200. All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing (de- scribed in this notice) or in written corre- spondence delivered to the City. at, or prior to, the public hearing. The agenda. staff report. and environmental doc uments may be reviewed at the Planning Depart- ment, City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663 or at the City of New- port Beach website at www.rity.newport- hee,11 .oe on the Monday prior to the hearing. For more infor mabon, call (949) 644 3200. Project File No.: PA2007 -210 Activity No.: GP2007' 008, PD2007-005, NP2007 029 Tare: Big Canyon Planned Community (PC-8) General Pfom Parks and Recreational (PH) Loeallon: The project site is located on the north side of Big Canyon Drive, between the Rue Biarritz and Rue VdIars. wont: Larry Tucker cm ehalf of BCCC Leilani 1. Brown City Clerk Published Newport Beach/Costa Mesa. Daily Pilot January 17, 2009 Sa721 � I'