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HomeMy WebLinkAbout2.0_Newport Beach Country Club - Golf Realty Fund_PA2005-140CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT August 4, 2011 Agenda Item: 2 SUBJECT: Newport Beach Country Club (PA2005 -140) 1600 & 1602 E. Coast Highway • Planned Community Development Plan Adoption No. PC2005 -002 • Tentative Vesting Tract Map No. NT2005 -003 • Transfer of Development Rights No. TD2010 -003 • Development Agreement No. DA2008 -001 • Mitigated Negative Declaration No. ND2010 -008 • Temporary Structures Use (Limited Term) Permit No. XP2011 -004 APPLICANT: Golf Realty Fund PLANNER: Rosalinh M. Ung, Associate Planner (949)644 -3208, rung @newportbeachca.gov OBJECTIVE The purpose of this staff report is to provide the Planning Commission: 1) a detailed description of land use entitlement requests of the proposed project and 2) alternative recommendations for considering the application. RECOMMENDATIONS 1. Conduct a public hearing; 2. Consider applicant's request and potential alternatives; 3. Provide appropriate direction to Planning staff; and 4. Continue the application to October 20, 2011. Newport Beach Country Club -Golf Realty Fund August 4, 2011 Page 2 VICINITY MAP _ NewpotBeach Country Club - Golf Club & Tennis Club _ Sites ,. r? s _ fw r GENERAL PLAN ZONING PC y� PC31 z��� \PCfO� RSC -t P a %. 4]pY C/ l� -fie f ] C C PC -,2 L.{'�{yI�/_ ; �`� CG 0.1 FAR 3 Y �/ ( /// Mi i F I� ft LOCATION F GENERAL PLAN ZONING CURRENT USE ON -SITE PR & MU -H3 /PR PC -47 Private Golf Course /Tennis Club NORTH PF, OS & RM APF & GEF NPB Chamber of Commerce, residential development & NPB Fire Station SOUTH RS-D & PR PC -30 & R -1 Armstrong Garden Center, residential development & Coast Highway EAST CO -G, RM, CV, CO -R, & PC -40, RMD, I Marriott Hotel, office & residential MU -H3 /PR APF, & PC -54 developments & tennis club WEST OS, PF, CV & RM=j PC -21 & PC -41 I Residential development & Jamboree Rd Newport Beach Country Club -Golf Realty Fund August 4, 2011 Page 3 INTRODUCTION Project Setting The subject property is approximately 143 acres in size and currently improved with a private golf course (Newport Beach Country Club) and a private tennis club (former Balboa Bay Racquet Club). The subject property is generally bordered by East Coast Highway to the south, Jamboree Road to the west, Santa Barbara Drive and Newport Center to the north, and Corporate Plaza West to the east and south. The tennis club (Tennis Club site) is located at the southeast corner of the subject property while golf course (Golf Club site) occupies the remaining westerly side of the property. The Tennis Club site is presently improved with 24 tennis courts, a 3,725 square -foot tennis clubhouse and 125 surface parking spaces. The Golf Club site is presently improved with a 6,587 -yard, 18 -hole golf course and related practice facilities, a 23,469 square -foot clubhouse, a 6,050 square -foot golf cart storage barn, a 2,010 square -foot greens keeper building, and 420 surface parking spaces. Main vehicular access to the subject property is from a private drive way (Country Club Drive) that connects to East Coast Highway at Irvine Terrace Drive, a signalized intersection. A secondary access is provided from Newport Center Drive via Farallon Drive. Protect Description Golf Realty Fund, the land owner, proposes a Planned Community Development Plan (PCDP) for the redevelopment of the existing private golf course clubhouse, parking lot, and tennis club. Additionally, the PCDP provides for five (5) single -unit residential dwellings "Villas" and 27 short-term lodging units 'Bungalows ". The following approvals are requested or required in order to implement the project as proposed: 1. A Planned Community Development Plan adoption to provide zoning development standards and design guidelines for the golf course and tennis club and their ancillary uses, pursuant to Chapter 20.63 of the Municipal Code (Attachment PC1). 2. Transfer of Development Rights to transfer 27 hotel units from Anomaly No. 43 (Newport Beach Marriott Hotel and Spa site) to Anomaly No. 46 (the Tennis Club site), pursuant to General Plan Land Use Policies LU4.3 and LU6.14.3. 3. A Development Agreement pursuant to Section 15.45.020.A.2.c of the Municipal Code and General Plan Land Use Policy LU6.14.8. Newport Beach Country Club -Golf Realty Fund August 4, 2011 Page 4 4. A Tentative Vesting Tract Map pursuant to Title 19 of the Municipal Code to create separate lots for five (5) single -unit residential dwellings, 27 hotel units, lettered lots for common areas and a private street on the tennis club site. 5. A Temporary Structures Use Permit to allow temporary use of structures during construction pursuant to Section 20.60.015 of the Municipal Code. The application was deemed complete on November 5, 2009, and pursuant to Ordinance No. 2010 -21 the application is being considered and evaluated pursuant to the Zoning Code in effect prior to November 25, 2010. Golf Club Site The proposed project would replace the existing 23,460 square -foot golf clubhouse with a new two -story, 35,000 square -foot golf clubhouse and its ancillary facilities. The new clubhouse is designed to have the same core amenities as the existing clubhouse, including a golf shop, offices, dining facilities, locker facilities, and cart and club storage areas. The proposed two -story golf clubhouse will be approximately 50 feet in height and is designed with a classical California Mediterranean architectural style. The lower level floor contains an informal dining area, men's and women's locker facilities, a golf shop, club and cart storage areas, and employee lounge /lunch room. The upper level is mainly devoted to formal dining and banquet facilities, executive offices, meeting rooms, and a main lounge /bar area. The golf club's main parking lot and entry will be reconstructed to provide 300 surface parking spaces. Main entry at Irvine Terrace will be improved to provide a landscaped median with stripped entering /exiting lanes. A small 240 square -foot hand car wash structure for club members is also proposed within the main parking lot. The existing private access easement for Armstrong Nursery located along the frontage of Coast Highway is proposed to be eliminated. No changes are proposed to the golf course; however, future course design changes would be allowed. Tennis Club Site The Tennis Club site will be redeveloped into three (3) distinct components: The Villas, The Bungalows, and The Tennis Club. Detailed descriptions of each component are as follows: Newport Beach Country Club -Golf Realty Fund August 4, 2011 Page 5 The Villas Designed as semi - custom homes, the five (5) single -unit residential dwellings will be located at the end of a new private street (continuation of the existing Country Club Drive), adjacent to the tennis courts and the ninth green of the golf course. The residential dwellings would occupy the area currently devoted to several tennis courts. These dwelling units will be two- stories and will range from 2,201 square feet (Plan A) to 5,297 square feet (Plan D), with guest house and basement options. Enclosed parking spaces will be provided for each individual unit. The Bungalows Located on both sides of the Country Club Drive entry, the proposed 27 hotel units (bungalows) will be built in a clustered setting of single and two -story buildings. A 2,170 square -foot concierge and guest meeting facility and a 7,490 square foot spa /fitness center are proposed to be operated as ancillary uses with this boutique hotel development. A total of 50 parking spaces would be provided for the accommodations and ancillary uses. The Tennis Club Eighteen of the existing 24 tennis courts and the existing tennis clubhouse will be removed to accommodate the Villas, the Bungalows, a new 3,725 square foot tennis clubhouse, six (6) lighted championship courts, and one lighted stadium - center court. The proposed tennis club facility will be located at the most easterly side of the subject property, abutting the Granville Townhome development's drive entrance and the parking lots for Corporate Plaza West. The new 30 -foot high clubhouse is attached to the new spa /fitness center proposed for the Bungalows. The tennis clubhouse includes a lobby area, a pro shop, offices, and men's and women's locker facilities. The lighted tennis courts will be fenced and screened from adjacent residential uses. A total of 38 parking spaces are allocated for the tennis club use. The follow table provides a summary of the existing and proposed improvements: Newport Beach Country Club -Golf Realty Fund August 4, 2011 Page 6 The Golf Club Site Existing Improvements J Proposed New Improvements Component Floor Areas . ft. Component Floor Areas . ft. Clubhouse 23,460 Clubhouse 35,000 Cart Barn 6,050 Cart Storage 5,8342 Snack Bar 180' Snack Bar 180' Restroom Facilities 630' Restroom Facilities 630' Greens Keeper 2,010' Greens Keeper 2,010' Starter Shack 140' Starter Shack 140' Total 32,470 Total 43,794 The Tennis Club Site (Tennis Clubhouse & Courts, Bungalows & Villas) Existing Improvements ---F--Proposed New Improvements Component Floor Area sq. ft. Component Floor Area sq. ft. Clubhouse 3,725 Clubhouse 3,725 24 Tennis Courts 7 Tennis Courts' 27 Bungalows 28,219 Bungalow Spa 7,490 Concierge & Guest Meeting Facility 2,170 5 SFR N/A 'Existing structures to remain 'Exempt from General Plan Development Intensity Limits — Ancillary to Golf Course. 318 of 24 courts will be demolished; and one new stadium court will be constructed °Exempt from General Plan Development Limits — Ancillary to Tennis Club Parkin A total of 408 parking spaces will be provided for the entire project and these spaces are designated as follows: Newport Beach Country Club -Golf Realty Fund August 4, 2011 Page 7 Land Use Parking Required' Parking Provided Bungalows 27 hotel units 34 50 Villas 5 SFR units 12 20 Tennis Club 7 tennis courts 28 38 Golf Course (18 holes — including clubhouse 270 300 Total 344 408 'Zoning Code 2Proposed PCDP Standards The proposed parking regulations were based on a parking demand study prepared by LSA (Attachment PC2) for the applicant and evaluated by Kimley -Horn and Associates (Attachment PC 3) on behalf of the City. In addition to the on -site parking spaces, the applicant has an existing perpetual off -site parking agreement with the Irvine Company for the use of parking lots at Corporate Plaza West (approximately 554 spaces). Of these spaces, 188 spaces will be available after business hours and 366 spaces during the weekends and holidays. Proiect Phasing The applicant proposes to implement the project in two (2) independent stages (Attachment PC4). The Tennis Club site will be implemented first, over a period of approximately 36 months, in a four -phase construction effort. Below is the applicant's anticipated construction phasing. Newport Beach Country Club -Golf Realty Fund August 4, 2011 Page 8 The Golf Club site will be implemented at a later date, separately from the construction on the Tennis Club site. The golf clubhouse component of the proposed project will be implemented in four (4) distinct phases. Although a definitive schedule has not been developed, demolition and construction of the golf clubhouse and parking lot are anticipated to occur over a period of approximately 34 months. Below is the applicant's anticipated construction phasing. Reference to Revised Tennis Club Site — Phasing Duration Phasing Plan Exhibits Phase Description (Months) Dated May 25, 2011 Installation of Temporary Modular 12 1 Tennis Clubhouse' Demolition of Tennis Club building, 9 1 tennis courts, perimeter tennis court fence remains, portion of Tennis Club 12 2 parking lot (61 parking spaces), landscaping and small portion of existing site wall Demolition of three (3) tennis courts, small portion of Tennis Club parking lot 14 3 and remaining Tennis Club Building 2 Construct three (3) of the five (5) Villas, Private Street, New Tennis Clubhouse 1 4 and Parking Lots Demolition of three (3) tennis courts, remaining portion of old Tennis Club 3 5 3 parking lot and removal of Temporary Modular Tennis Clubhouse Construct Center Court area and 1 6 Bungalow Pool Demolition of two (2) tennis courts, removal perimeter tennis court fence in front of the three (3) completed Villas and removal of perimeter tennis court 1 7 4 fence in front of the Golf Bungalows after substantial completion of the Golf Bungalows. Construct 27 Bungalows and remaining 15 8 two 2 Villas. Total Schedule 36 'Anticipated state date is September 2011 2Activities occurring during Phase 1 are within the same month The Golf Club site will be implemented at a later date, separately from the construction on the Tennis Club site. The golf clubhouse component of the proposed project will be implemented in four (4) distinct phases. Although a definitive schedule has not been developed, demolition and construction of the golf clubhouse and parking lot are anticipated to occur over a period of approximately 34 months. Below is the applicant's anticipated construction phasing. Newport Beach Country Club -Golf Realty Fund August 4, 2011 Page 9 DISCUSSION General Plan The Golf Club site has a General Plan Land Use Element designation of Parks and Recreation (PR) and the Tennis Club site has Mixed Use Horizontal 3 /Park and Recreation (MU- H3 /PR) designation. The PR designation applies to land used or proposed for active public or private recreational use. Permitted uses include parks (both active and passive), golf courses, marina support facilities, aquatic facilities, tennis clubs and courts, private recreation, and similar facilities. The proposed PCDP and anticipated improvements to the Golf Club site and recreational components for the Tennis Club site are allowed. The Mixed Use Horizontal 3 designation on the Tennis Club site provides for the horizontal intermixing of regional commercial office, hotel, single - family and multi - family residential, and ancillary commercial uses. The Villas and Bungalows are consistent with this designation. The General Plan limits development intensity at the Golf Club site to 35,000 square feet (Anomaly No. 74) and 3,725 square feet for a tennis club building and 24 tennis courts at the Tennis Club site (Anomaly No. 46). Incidental buildings such as maintenance equipment sheds, supply storage, and restrooms are not included in determining intensity limits. Residential use is also permitted in Anomaly No. 46; in accordance with MU -H3 /PR designation. Duration Phase Golf Club Site — Phasing Description Months Demolition of East Side Golf Clubhouse Parking Lot and PCH 1 1 Entry' Construct East Side Parking Lot and PCH EntrY2 4 Demolition of West Side Golf Clubhouse Parking Lot 1 2 Construct West Side Parking Lot and Temporary Golf Club 6 modular building) 3 Demolition of Golf Clubhouse 2 Construct New Golf Clubhouse 14 Demolition of portion of Greenskeeper Area, Temporary modular Golf Clubhouse and northern portion of Golf 2 4 Clubhouse Parking Lot Construct Greenskeeper Area and Golf Porte Cochere and 4 Parking Area Total Schedule 34 'Start date to be determined. 'Includes club member car wash DISCUSSION General Plan The Golf Club site has a General Plan Land Use Element designation of Parks and Recreation (PR) and the Tennis Club site has Mixed Use Horizontal 3 /Park and Recreation (MU- H3 /PR) designation. The PR designation applies to land used or proposed for active public or private recreational use. Permitted uses include parks (both active and passive), golf courses, marina support facilities, aquatic facilities, tennis clubs and courts, private recreation, and similar facilities. The proposed PCDP and anticipated improvements to the Golf Club site and recreational components for the Tennis Club site are allowed. The Mixed Use Horizontal 3 designation on the Tennis Club site provides for the horizontal intermixing of regional commercial office, hotel, single - family and multi - family residential, and ancillary commercial uses. The Villas and Bungalows are consistent with this designation. The General Plan limits development intensity at the Golf Club site to 35,000 square feet (Anomaly No. 74) and 3,725 square feet for a tennis club building and 24 tennis courts at the Tennis Club site (Anomaly No. 46). Incidental buildings such as maintenance equipment sheds, supply storage, and restrooms are not included in determining intensity limits. Residential use is also permitted in Anomaly No. 46; in accordance with MU -H3 /PR designation. Newport Beach Country Club -Golf Realty Fund August 4, 2011 Page 10 The applicant seeks no changes to the General Plan designations or development limits. The proposed new golf clubhouse is within the General Plan development limit of 35,000 square feet. The existing 3,725 square -foot tennis clubhouse will be replaced with a new tennis clubhouse with the same square footage. The five single -unit dwellings will be drawn from the remaining dwelling units that are allocated for the Newport Center /Fashion Island Statistical Area (there are 450 allocated with 430 allocated to the North Newport Center PC and 20 units unallocated to any specific site). In order to accommodate the development of the boutique hotel component, the applicant is requesting a transfer of 27 un -built hotel units from Anomaly No. 43 (Newport Beach Marriott Hotel & Spa site) to Anomaly No. 46 (Tennis Club site). The proposed transfer is permissible in accordance with General Plan Land Use Policies LU4.3(d) and LU16.14.3. Please refer to the Transfer of Development Rights Section of this report for a discussion of this request. A complete consistency analysis of each of the applicable General Plan policies is included in Table 10 of the Land Use and Planning Section of the Mitigated Negative Declaration (MND), pages 76 through 81. In summary, the proposed project is consistent with the General Plan provided the transfer of hotel rooms is approved. Coastal Land Use Plan The Coastal Land Use Plan designates the Golf Club site as Parks and Recreation (PR), and the Tennis Club site is designated as Mixed Use Horizontal 3 /Park and Recreation (MU- H3 /PR). These designations mirror the General Plan Land Use designations. The MU -H3 /PR designation recognizes the private recreational tennis courts, the potential development of short-term rental bungalows, and a limited number of single - family residential units. Policy 2.1.8 -1 allows the horizontal intermixing of short- term rental units and single - family homes with the expanded tennis club facilities. A complete consistency analysis of each of the applicable Coastal Land Use Plan policies is included in Table 11 of the Land Use and Planning Section of the Mitigated Negative Declaration (MND), pages 82 through 87. In summary, the proposed project is consistent with the Coastal Land Use Plan. Planned Community Development Plan (PCDP) The subject property has a zoning designation of PC -47 for the Newport County Club Planned Community. This PC zoning designation was adopted in 1997 by Ordinance 97 -10, as a part of the City -wide amendment of the zoning districting maps in order to be consistent with the 1988 General Plan Land Use Element and Zoning Code. The City Newport Beach Country Club -Golf Realty Fund August 4, 2011 Page 11 later assigned the PC with a number of 47 for tracking purposes. A PCDP was not adopted when the PC District zoning designation was assigned to the subject property. The Tennis Club is governed separately by Use Permit No. 1492 and its' subsequently amendments, which is typical when a PC does not have development standards. No use permit was issued on the Golf Club site. PC -47 also includes the abutting Armstrong Nursery property. The nursery is governed separately by Use Permit No. 3641. Upon approval of the proposed project, the boundary of the PC adoption will clearly define the boundary of newly adopted PC. As currently proposed, the nursery is not part of the proposed project and would remain governed by Use Permit No. 3641 should the proposed application be approved. The applicant submitted a draft PCDP in order to create and provide zoning development standards and design guidelines for the proposed project. The proposed PCDP encompasses the Golf Course site and Tennis Club site as a single, cohesive and comprehensive large -scale planned development. The PCDP is being created specifically to accommodate the applicant's development. The draft PCDP provides use regulations, density and intensity of the proposed uses and very specific development regulations (building height, square footage, setbacks, and parking standard) for each uses, including architectural styling and a complete internal vehicular and pedestrian circulation system for both the Golf Club and Tennis Club sites. Detailed site plan, elevations, and floor plans of each land use components, landscaping plan, sign plan, and lighting plan are also included in the plan. Staff believes that the proposed site plan detail and design regulations are too specific and provide inflexible standards that are inappropriate for the project implementation and long -term administration. Any changes to the PCDP, other than minor adjustments would require an amendment to the PCDP which must be accomplished by ordinance and City Council approval. Therefore, staff does not recommend the applicant's proposed PCDP. Furthermore, the proposed regulations do not allow a discretionary review process of the site plan(s) and ability for the City to place conditions of approval. Code amendments are legislative acts. Neither the City Municipal Code nor State Planning Law set forth any required findings for either approval or denial of such amendments, unless they are determined not to be required for the public necessity and convenience and the general welfare. Transfer of Development Rights The applicant requests 27 hotel units presently allocated to the Newport Beach Marriott Hotel & Spa (Marriott) site by the Land Use Element of the General Plan to the Tennis Club site; specifically, from Anomaly No. 43 to Anomaly No. 46. The Marriott site originally had a total of 377 hotel units. In 1983, a general plan amendment was approved to allow an additional 234 hotel units in Newport Center /Fashion Island, for a cumulative total of 611. Subsequently, the Marriott constructed 209 additional hotel units, leaving 25 available hotel units to be constructed in the Newport Center /Fashion Newport Beach Country Club -Golf Realty Fund August 4, 2011 Page 12 Island. In 2004, the Marriott renovated their hotel and reduced the number of hotel units from 586 to 532; this reduction increased the number of available un -built hotel units in Newport Center /Fashion Island from 25 to 79. General Plan Land Use Policy LU4.3 lists a number of criteria for transfer of development rights. In particular, transfer of development rights in Newport Center /Fashion Island (Statistical Area 1_1) is governed by Policy LU6.14.3. According to this Policy, development rights may be transferred within the Newport Center /Fashion Island, subject to the approval by the City Council with the finding that the transfer is consistent with the intent of the General Plan and that the transfer will not result in any adverse traffic impacts. The donor site (The Marriott Hotel) has a General Plan Land Use designation of CV (Visitor Serving Commercial) and the reduction of 27 hotel units would not change the nature of that developed site as it exists today. The recipient site (the Tennis Club site) is MU -H3 /PR that allows hotels and residential uses (i.e. transfer is consistent with the intent of MU -H3) and PR is maintain with retention of the tennis club. Staff, therefore, believes that the transfer is consistent with the intent of the General Plan in that both the donor and recipient sites remained consistent with their General Plan designation. The tables below illustrate the traffic trip generation rates for the existing and proposed uses. Please note that the trip generation rate for a golf course is based on number of golf holes (18) and tennis club is based on number of courts (24). Tennis clubs are a high traffic generator based upon ITE Trip rates; and the loss of 17 courts gives the project a reduction of daily trips and AM /PM peak hour trips. Inclusive of the hotel units, there is a net reduction of 389 daily trips for the entire development. The transfer of 27 hotel units is trip neutral as the transfer is within the same Newport Center /Fashion Island statistical area and will not result in a net negative impact on the overall circulation system in the immediate area given the overall reduction in daily trips. Trip Generation Rates Land Use Rate Type Size /Unit AM Peak Hour (Total) PM Peak Hour Total Daily (Total) Golf Course ITE Holes 2.22 2.74 35.74 Tennis Club ITE Court 1.31 3.35 38.7 Hotel ITE Room 0.56 0.59 8.17 SFR ITE DU 0.75 1.01 9.57 Newport Beach Country Club -Golf Realty Fund August 4, 2011 Page 13 Existing Use Land Use Rate Type Size /Unit AM Peak Hour (Total) PM Peak Hour Total Daily (Total) Golf Course ITE 18 Holes 40 49 643 Tennis Club ITE 24 Courts 31 80 929 Total ITE 27 Room 71 130 1572 ProDose Use Land Use Rate Type Size /Unit AM Peak Hour (Total) PM Peak Hour (Total) Daily (Total) Golf Course ITE 18 Holes 40 49 643 Tennis Club ITE 7 Courts 9 23 271 Hotel ITE 27 Room 15 16 221 SFR ITE 5 DUs 4 5 48 Total 68 94 1183 Staff is in receipt of a letter dated July 22, 2011, from the law firm of Latham & Watkins, LLP, who is representing HHR Newport Beach LLC ( "Host "), which owns the Newport Beach Marriott Hotel & Spa (Attachment PC11). Host is objecting to the proposed transfer of 27 hotel units from their site to the Newport Beach Country Club site. Staff has reviewed with the City Attorney's Office the legal issues raised in the correspondence. The City Attorney's Office has advised that the Planning Commission may take action on the application as recommended by staff. Development Agreement General Plan Land Use Element Policy LU6.14.8 requires a development agreement since the proposed project is a mixed -use development project and the proposed five (5) single - family units will be drawn from the remaining 20 residential units allocated for the Newport Center /Fashion Island. Furthermore, Municipal Code Section 15.45.020.A.2.c (Development Agreement Required) requires a development agreement as the project includes a zoning code amendment and new non - residential development in Statistical Area L1 (Newport Center /Fashion Island). The proposed draft development agreement is being reviewed by the City Attorney and will be available for the Planning Commission consideration at the continued meeting. Vesting Tentative Tract Map The applicant proposes a vesting tentative tract map (Attachment PC10) on the Tennis Club site to create separate lots for the five (5) single -unit residential dwellings, 27 hotel units, the tennis club facility, their common open space areas and a private street to Newport Beach Country Club -Golf Realty Fund August 4, 2011 Page 14 support the propose uses. Upon approval of the vesting tentative tract map, the Planning Commission must determine whether the proposed tentative tract map complies with the required findings in accordance with Title 19 (Subdivision Code). Staff foresees the ability to make the required findings provided that the PCDP adoption and transfer of development rights are approved and they will be included in the draft resolution for Planning Commission to consider at the continued meeting. Temporary Structures Use Permit During the construction of new golf clubhouse, three (3) temporary modular buildings for a total of 10,800 square feet (60'x60' each, equaling 3,600 square feet each) will be used as a temporary clubhouse. They would be placed to the north of the parking lot, between the existing clubhouse and cart storage barn. These modular buildings will be removed from the project site upon completion of the new golf clubhouse in approximately 24 months. In order to accommodate on -going tennis club operation, a 2,880 square -foot (48'x60') temporary modular building is proposed to be used during the 18 -month construction of the new tennis clubhouse. A smaller modular building is also proposed to be used as the clubhouse's restroom facilities. These modular buildings would be placed on the existing tennis courts and would not interfere with the construction phases on this site. The modular buildings will be removed from the project site upon completion of the new tennis clubhouse. Staff has no objection to the use of modular buildings during construction of either clubhouse since parking will not be displaced. Environmental Review An Initial Study and Mitigated Negative Declaration (MND) have been prepared by Keeton Kreitzer Consulting in compliance with the Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3 (Attachment PC5). The MND indicated that the potential adverse environmental impacts of the project, in terms of Cultural Resources, Geology and Soils, Noise, and Transportation /Traffic could be mitigated to below levels of significance. The Draft MND was circulated for public comment from September 20 to October 19, 2010. Comments were received and the consultant and staff have prepared written responses (Attachment PC6). The mitigation measures, standard conditions, and project design features have been incorporated in the draft MND and Mitigation Monitoring and Reporting Program (MMRP) for the Planning Commission consideration (Attachment PC8). The MND, Response to Comments, and Mitigation Monitoring and Reporting Program have been distributed to the Planning Commission for review previously. Subsequently, a revision to the Response to Comments to the Irvine Company comment letter (Letter #4) was prepared and distributed to the Planning Commission on July 14, 2011 Newport Beach Country Club -Golf Realty Fund August 4, 2011 Page 15 (Attachment PC7). The purpose of this revision is to address the construction phasing plans for the tennis club site and tennis club site of the Newport Beach Country Club project. The changes are necessary to: 1) clarify the description of each construction phasing and 2) correct the order of referenced exhibits as they relate to the construction phases identified in Tables 2 and 3 of the MIND and the proposed phasing plans. These documents are not attached to this report due to their extensive volume, but are available at the City Hall in the offices of the Planning Division and online at: http://www.newportbeachca.gov/index.aspx?page=1 325. Summary Golf Realty Fund proposes a PCDP that provides the planning framework for both the Golf Club and Tennis Club sites that meets the intent and purpose of the General Plan and Planned Community District regulations. It encompasses both sites as a single, cohesive and comprehensive large -scale planned development with a complete internal vehicular and pedestrian circulation system. Staffs only concern is that the proposed PCDP is too specific with very precise development regulations including overly detailed architectural style references (i.e., building architectural style, roof type, building materials, paint colors, etc.). It contains development specifications beyond what a zoning document should include and does not provide sufficient flexibility to be implemented. The transfer of 27 hotel units from Anomaly No. 43 to Anomaly No. 46 is consistent with the intent of the General Plan as the donor site (Newport Beach Marriott Hotel & Spa) has a General Plan Land Use designation of CV (Visitor Serving Commercial) and the reduction of 27 hotel units would not change the nature of that developed site. The recipient site (the Tennis Club site) is MU -H3 /PR that allows hotels and residential uses. The transfer of hotel units is consistent with the intent of mixed use designation of the site and recreational uses are maintained with retention of the tennis club. Because the transfer of 27 hotel units is within the same Newport Center /Fashion Island statistical area, it is trip neutral and will not result in a net negative impact on the overall circulation system in the immediate area. Staff foresees the ability to make the required findings provided that a PCDP is approved. The proposed vesting tentative tract map on the Tennis Club site to create separate lots for the five (5) single -unit residential dwellings, 27 hotel units, the tennis club facility, their common open space areas and a private street to support the proposed uses are supportive, and staff foresees the ability to make the required findings provided that the PCDP and transfer of development rights are approved. The draft development agreement is being reviewed by the City Attorney to ensure that it is consistent with General Plan Land Use Element Policy LU6.14.8 and Municipal Code Section 15.45.020.A.2.c. Staff has no objection to the use of modular buildings during construction on the golf club and tennis club sites. Newport Beach Country Club -Golf Realty Fund August 4, 2011 Page 16 Staff does not object to the overall project and recommends project approval; however, staff does not believe the proposed PCDP is appropriate and staff recommends adopting a less specific and more flexible legislative document. Staff has prepared an alternative PCDP (Attachment PC9) that contains necessary use and development regulations to accommodate the applicant's project with more flexible architectural guidelines to facilitate project implementation. For comparison purposes, the following table provides a summary of the main land use components included in the applicant's plan and staff's alternative plan. Land Use Component Alternative Plan GRF Plan IBC Plan Golf Club Site Golf Clubhouse 56,000 Sf.3 35,000 sf. 56,000 sf. Tennis Club Site Tennis Courts 7 7 N/A Tennis Clubhouse 3,725 sf. 3,725 sf. N/A Villas (single-unit residential 5 5 N/A Bungalows hotel unit 27 27 N/A Process of Site Plan Site Plan review by Planning Commission with conditions of approvals Yes No No Non-Legislative Modification process for Site Plan Yes No2 No Adopted via Planned Community Development Plan 2Requires an amendment to the Planned Community Development Plan, which must occur by adoption of an ordinance 'This maximum limit is dependent upon approval of GP2008 -005; should City Council not approve it — the maximum limit shall be 35,000 square feet As demonstrated in the table above, the alternative PCDP contains the same key land use components proposed by the applicant. The alternative PCDP also provides a development limit of up to 56,000 square feet on the Golf Club site that could accommodate a larger golf clubhouse if deemed appropriate. The alternative PCDP also provides a requirement that a site development review process be completed for construction of any new major building structure (i.e. clubhouse, residential dwelling unit, hotel unit, spa facility, etc.), and would require consideration and approval by the Planning Commission prior to the issuance of grading or building permit. The purpose of this requirement is to ensure new development proposals within the Newport Beach Country Club Planned Community are consistent with the goals and policies of the General Plan and the standards set forth in the adopted PCDP. The applicant does not want to return to the Planning Commission and this is one reason the applicant's draft PCDP is so specific. Newport Beach Country Club -Golf Realty Fund August 4, 2011 Page 17 Alternatives Alternative #1 — Staff Proposal: To address the applicant's desire for a specific project -level approval, the applicant can be directed to repackage the project plans and specific project details as Site Development Review application, which would be considered by the Planning Commission at the continued hearing. This approach in conjunction with a more flexible PCDP would provide a flexible regulatory framework through the legislation process while ensuring an appropriate project -level review by the Planning Commission. In conjunction with this approach the City may incorporate project specific conditions of approval. Under this scenario, staff recommends the Planning Commission consider the following: 1. Continue all of the requested items to October 20, 2011, Planning Commission meeting to allow sufficient time for the applicant to modify their application to include a Site Development Review request; and 2. Direct staff to prepare a draft resolution for the following recommendations to the City Council: a. Approval of the transfer of development intensity, development agreement, tentative vesting tract map, temporary structures and use permit, site development review, and mitigated negative declaration; and b. Approval of the PCDP as proposed by staff as an alternative to the PCDP proposed by the applicant. Alternative #2 — Deny the Project: Should the Planning Commission conclude that the proposed project would not be compatible with the surrounding uses; the Planning Commission should direct staff to prepare a resolution for denial. Alternative #3 — Approve the Project as Submitted: Should the Planning Commission conclude that the proposed project would be compatible with the surrounding uses and the proposed planned community development plan meets the intent and purpose of the General Plan and Planned Community District regulations, the Planning Commission should direct staff to prepare a resolution for approval. Newport Beach Country Club -Golf Realty Fund August 4, 2011 Page 18 Future Foreseeable Application on the Golf Club Site The City is currently reviewing an application filed by the International Bay Clubs, Inc. (IBC), the golf club operator and long -term lease holder of the Golf Club site. IBC is seeking land use entitlements (general plan amendment and planned community development plan adoption) to construct a 55,000 square -foot clubhouse on the Golf Club site. The application also includes a development agreement. Site Plan Conflicts between Golf Realty Fund and IBC The applicant and IBC have submitted their own individual site plan for the Golf Club site. The following are some of the key conflicts between the two proposed site plans: • Size of golf clubhouse • Massing and location of golf clubhouse • Parking Lot layout and circulation • Landscaping along Coast Highway • Retention of views through the golf course Staff will continue working with the applicant and IBC to resolve these conflicts. The alternative PCDP is a working draft; and is subject to changes to accommodate both the applicant's and IBC's requests. Public Notice Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property (excluding roads and waterways) and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. The environmental assessment process has also been noticed consistent with the California Environmental Quality Act. Finally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the city website. The notice and posting were completed for the June 9, 2011, Planning Commission hearing. The Planning Commission continued this application to August 4, 2011 meeting. Since the continuation was to a certain date, no further notice and posting are necessary. Prepared by: Submitted by: Rosalinh Ung, Associate Planner Jim Campbell, Principal Planner Newport Beach Country Club -Golf Realty Fund August 4, 2011 Page 19 ATTACHMENTS PC 1 Newport Beach Country Club Planned Community Project Plans (exhibits) PC 2 LSA Parking Supply Analysis PC 3 Kimley -Horn Traffic & Parking Evaluation PC 4 Phasing Plan PC 5 Initial Study/ Mitigated Negative Declaration' PC 6 Response to Comments' PC 7 Response to Irvine Company Letter' PC 8 Mitigation Monitoring and Reporting Program' PC 9 Alternative Planned Community Development Plan PC 10 Project Plans & Vesting Tentative Tract Map PC 11 Latham & Watkins Letter dated July 22, 2011 Development Plan including Note: 'These attachments are not included in the staff report package due to their size and bulk. They are available at the City Hall in the offices of the Planning Division and online at: http:// www .newi)ortbeachca.gov /index.asi)x ?pace =1325. F: \USERS\PLN \Shared \PA's \PAs - 2008 \PA2008 - 152 \PC Staff Report.docx Tmplt: 11/23/09 Attachment No. PC 1 Newport Beach Country Club Planned Community Development Plan (Exhibits of Project Plans included) Newport Beach Country Club Planned Community District Plan Ordinance No. 07- Adopted , 2011 Amendment No. Revised May 5, 2011 TABLE OF CONTENTS Page Number 1.0 Introduction ................................................................................... ............................... 1 1.1 Planned Community Purpose ............................................ ............................... 1 1.2 Location ............................................................................. ............................... 1 1.3 Relationship to Existing Uses ........................................... ............................... 2 1.4 Relationship to Newport Beach Municipal Code, General Plan and Coastal Land UsePlan ............................................................................. ............................... 2 a) Zoning Code and General Plan ................................... ............................... 2 b) Relationship to Coastal Land Use Plan ....................... ............................... 2 2.0 Permitted Uses 2.1 The Tennis Club .................. 2.2 The Villas ............................ 2.3 The Bungalows .................... 2.4 The Golf Club ...................... 3.0 Development Standards. 3.1 Tennis Clubhouse .............................................................. ............................... a) Building Square Footage ............................................. ............................... b) Building Height ........................................................... ............................... c) Parking Requirements ................................................. ............................... d) Screening ..................................................................... ............................... 3.2 The Villas .......................................................................... ............................... a) Building Square Footage ............................................. ............................... b) Building Height ........................................................... ............................... c) Front/Street Setbacks ................................................... ............................... d) Rear /Golf Course Setbacks ........................................ ............................... e) Side Yard Setbacks ...................................................... ............................... f) Garage Setbacks .......................................................... ............................... g) Exterior Walls ............................................................. ............................... h) Architectural Features ................................................. ............................... i) Parking Requirements ................................................. ............................... J) Screening ..................................................................... ............................... 3.3 The Bungalows .................................................................. ............................... a) Building Square Footage ............................................. ............................... b) Building Height ........................................................... ............................... c) Setback Requirements ................................................. ............................... d) Parking Requirements ................................................. ............................... e) Screening ..................................................................... ............................... 3.4 Golf Clubhouse ................................................................. ............................... a) Building Square Footage ............................................. ............................... b) Building Height ........................................................... ............................... c) Parking Requirements ................................................. ............................... 2 2 3 3 3 4 4 4 4 4 4 5 5 6 6 6 6 6 6 6 6 7 7 7 7 7 7 7 8 8 8 8 4.0 General Conditions and Regulations ............................................. ............................... 4.1 Interpretation and Conflict with Code ............................... ............................... 4.2 Mechanical Equipment Enclosures — Noise Attenuation .. ............................... 4.3 Exterior Storage Areas ...................................................... ............................... 4.4 Maintenance of Private /Common Areas ........................... ............................... 4.5 Outdoor Paging ................................................................. ............................... 4.6 Amplified Music ............................................................... ............................... 4.7 Special Events ................................................................... ............................... 4.8 Building Codes .................................................................. ............................... 8 8 9 9 9 10 10 10 10 11 11 11 12 12 12 12 13 13 13 13 13 13 14 14 14 LIST OF EXHIBITS Exhibit Name Exhibit Number MasterPlan .......................................................................................... ............................... 1 Tennis Clubhouse & Bungalow Spa — Elevations and Floor Plans (4 pages) .................... 2 LandscapePlan .................................................................................... ............................... 3 Golf Clubhouse — Elevations and Floor Plans (4 pages) ..................... ............................... 4 The Villas — Elevations and Floor Plans (3 pages) ............................. ............................... 5 The Bungalows — Elevations and Floor Plans (11 pages) ................... ............................... 6 ExistingUses Aerial Map ................................................................... ............................... 7 Parkingand Circulation Plan ............................................................... ............................... 8 Electrical — Master Plan Lighting and Fixture Types & Section (2 pages) ........................ 9 SignPlan ............................................................................................. ............................... 10 The Villas Dimensioned Site Plan — Blow Up .................................... ............................... 11 LIST OF TABLES Table Name Page Table 1 — Land Uses Acreage .............................................................. ............................... 2 Table 2 — The Villas Development Standards ..................................... ............................... 5 Table3 — Overall Parking ................................................................... ............................... 11 1.0 INTRODUCTION 1.1 Planned Community Purpose Planned Community Districts are intended to provide for the classification and development of parcels of land as coordinated, cohesive, comprehensive planning projects, as set forth in Section 20.35.010 of the City of Newport Beach Municipal Code. Newport Beach Country Club Planned Community District (PCD) is comprised of the private tennis club (The Tennis Club Sub - Area), 27 short-term stay hotel bungalows with auxiliary uses (The Bungalows Sub - Area), 5 semi - custom single - family residences (The Villas Sub - Area), and the private golf club (The Golf Club Sub - Area). The Sub - Areas are shown on Exhibit I "Master Plan." 1.2 Location The PCD is located within the City of Newport Beach in the County of Orange, in the State of California. The PCD is 145± acres generally bordered by Pacific Coast Highway to the south, Jamboree Road to the west, Santa Barbara Avenue and Newport Center to the north, and Granville Drive and Corporate Plaza Drive to the east as detailed on the map below. OOftl,� 9GNu SAYSIOE OR JL W BAY FROM NS 9PV•- 0�S �IFME - C N*E >pl syyo $s,. a �y 9f SG 9� `9 �9 F \- aO A N% 1Op.Oq PCD Boundary Newport Center Planning Area Map -1- e o� lq P 3 ON101 4%r `1 qZ mE 4 �,�g M1GUFlUN � 4PN M�! •4P t 4 9L mA s 1.3 Relationship to Existing Uses See Exhibit 7 "Existing Uses Aerial Map." 1.4 Relationship to Newport Beach Municipal Code, General Plan, Zoning Code and Coastal Land Use Plan a) Zoning Code and General Plan This PCD zoning designation was adopted in 1992 by Ordinance Number 91 -47. The PCD boundary is shown in Section 1.2 "PCD Boundary Map." The Land Use Element of the City General Plan designates the Tennis Club, Villas and Bungalows Sub -Areas as Mixed Use — Horizontal 3/PR which, among other uses, allows for condominium and single - family residential uses, hotel with auxiliary commercial uses, and private recreation uses (tennis club). The Land Use Element of the General Plan designates the Golf Club Sub -Area as Park and Recreation which allows for the golf course and accessory uses. The PCD is consistent with the City's General Plan land use designations. General Plan Anomaly 46 comprises the private tennis club, 27 hotel bungalows with auxiliary uses and 5 semi - custom residences, and Anomaly 74 of the General Plan comprises the private golf club. b) Relationship to Coastal Land Use Plan The PCD is located within the Coastal Zone and development shall be in compliance with a Coastal Development Permit issued by the California Coastal Commission. 2.0 PERMITTED USES The following Table gives acreages for each of the PCD Permitted Uses Sub -Areas. Table 1— Land Uses Acreaee PCD Sub -Areas Approximate Acres The Tennis Club Sub -Area 4.62 The Villas Sub -Area 1.25 The Bungalows Sub -Area 3.44 The Golf Club Sub Area 133.01 2.1 The Tennis Club The Tennis Club Sub -Area shall have the following permitted uses substantially consistent with Exhibit 1 "Master Plan" and Exhibit 2 "Tennis Clubhouse — Elevations and Floor Plans ": a) 7 lighted championship tennis courts which includes a lighted Stadium Court b) Tennis Clubhouse -2- 2.2 The Villas The Villas Sub -Area shall have the following permitted use substantially consistent with Exhibit 1 "Master Plan" and Exhibit 5 "The Villas — Elevations and Floor Plans ": a) 5 Single - Family Detached Homes 2.3 The Bungalows The Bungalows Sub -Area shall have the following permitted uses substantially consistent with Exhibit 1 "Master Plan," Exhibit 2 `Bungalow Spa" and Exhibit 6 "The Bungalows ": a) 27 Short-Term Stay Hotel Units b) Concierge Office and Guest Center C) Swimming Pool and Jacuzzi d) Spa (serving health drinks, health snacks, light breakfast and lunch items) and Fitness Center 2.4 The Golf Club The Golf Club Sub -Area shall have the following permitted uses substantially consistent with Exhibit 1 "Master Plan" and Exhibit 4 "Golf Clubhouse ": a) Golf Course and Practice Facilities b) Golf Clubhouse C) Restaurants (Dining Room and Grill) d) Bar (19th Hole) e) Private Banquet Room and Meeting Rooms Q Pro Shop g) Locker Facilities h) Golf Cart Storage (Below Grade) i) Golf Snack Stand j) Private Hand Car Wash (Designated Area) k) Golf Course Maintenance Facility (Greenkeeper) 1) 2 On- Course Restroom Facilities -3- 3.0 DEVELOPMENT STANDARDS The PCD Development Standards ensure the harmony and continuity of design parameters that are respectful to the property's California coastal heritage and the property's prominent location within the Newport Center Planning Area. The below development standards have been established to achieve overall PCD continuity and quality for land planning, building mass, scale, architectural design and details, building materials, landscaping, hardscaping, and lighting. Additional purposes of the design standards are as follows: a) To provide the City with the necessary assurance that the PCD shall be developed in accordance with the design continuity, quality and character in the PCD. b) To provide guidance to tenants, design professionals and builders in order to maintain the desired design character and appearance. C) To provide guidance to City staff, Planning Commission and City Council in the review of future development projects in the PCD. 3.1 Tennis Clubhouse The following development standards shall apply to the Tennis Clubhouse: a) Building Square Footage The maximum size of the Tennis Clubhouse is 3,725 square feet.' See Exhibit 2 "Tennis Clubhouse — Elevations and Floor Plans." b) Building Height The maximum building height for the Tennis Clubhouse is 30 feet (See Exhibit 2 "Tennis Clubhouse — Elevations and Floor Plans ") and shall be measured from the existing grade to the peak of the roof. c) Parking Requirements A minimum of 4 parking spaces per tennis court. d) Screening i) Roof Equipment — All mechanical roof equipment (except roof vents) shall be designed and screened with compatible building materials. I All square footage stated under "Development Standards" is gross square footage. -4- ii) Trash Enclosures — All trash enclosures shall be screened by a minimum five - foot block wall, plastered to match the building. The trash containers shall be covered to protect them from being overturned or accessed by wildlife. iii) Pool / Spa Equipment — All pool and/or spa equipment shall be enclosed by a minimum five -foot block wall, plastered to match the building. iv) Tennis Courts — The Villas shall be screened from the tennis courts by a minimum five -foot block wall, plastered to match the adjacent Villa or by a ten - foot chain link fence covered by a windscreen. The exterior perimeter of the tennis courts facing Granville Condominiums, Granville Drive and facing The Tennis Club parking lot shall be screened by a ten -foot high tennis court chain link fence covered by a windscreen. 3.2 The Villas The following development standards shall apply to The Villas Areas: Table 2 - The Villas Development Standards Villa Designation Villa A TTM Lot #1 Villa B TTM Lot #2 Villa C TTM Lot #3 Villa D TTM Lot #4 Villa E TTM Lot #5 Lot Depth (Min) See Exhibit 11 "The Villas Dimensioned Site Plan — Blow Up" Lot Size 5,295 sf 5,857 sf 9,283 sf 17,151 sf 8,686 sf Side Setback to Nearest Villa See Exhibit 11 "The Villas Dimensioned Site Plan — Blow Up" Roof Area (eaves but not trellis) Lot Coverage (including eaves) (Min) 67% 63% 54% 35% 54% Building Height (Maximum above Existing Grade) 23' 31' 35' 39' 25' Parking Spaces (Enclosed Required) 2 2 3 3 2 Electric Cart Parking (Enclosed) 0 1 1 1 0 Uncovered Off -Street Parking (Minimum Required) 1 1 2 2 2 a) Building Square Footage The maximum square footage of each of the single - family homes including any guesthouses shall not exceed by more than 1% the square footage for each of The Villas shown on Exhibit 5 "The Villas — Elevations and Floor Plans." -5- b) Building Height The maximum building heights for The Villas are shown on "Table 2 — The Villas Development Standards" in Section 3.2 and shall be measured from the existing grade to the peak of roof. Chimneys, as depicted on Exhibit 5, pages 1 through 5 "The Villas — Elevations and Floor Plans," may extend beyond the maximum peak roof height by a maximum of 18 inches plus an additional 18 inches for Gladding McBean Windsor clay chimney pots used for architectural screening. C) Front/ Street Setbacks See Exhibit 1 I "The Villas Dimensioned Site Plan — Blow Up" d) Rear / Golf Course Setbacks See Exhibit I 1 "The Villas Dimensioned Site Plan — Blow Up" e) Side Yard Setbacks See Exhibit 11 "The Villas Dimensioned Site Plan — Blow Up" f) Garage Setbacks See Exhibit 11 "The Villas Dimensioned Site Plan — Blow Up" g) Exterior Walls i) Walls surrounding courtyards within The Villas (shown on Exhibit 11 "The Villas Dimensioned Site Plan — Blow Up ") are allowed up to a maximum of 6 feet high in any setback except facing the golf course. ii) Terrace walls facing the golf course are allowed up to a maximum of 3 feet high from finished grade. h) Architectural Features Architectural features such as, but not limited to, roof overhangs, cornices, eaves, and wingwalls may extend a maximum of 3 feet into any street, side or tract boundary setback, but may not extend past any property line. i) Parking Requirements Parking requirements for The Villas shall be consistent with "Parking Spaces (Enclosed Required)" and "Uncovered Off - Street Parking (Minimum Required)" shown on "Table 2 — The Villas Development Standards" j) Screening i) Roof Equipment — There shall be no mechanical roof equipment allowed, except for roof vents which shall be copper material. ii) Pool / Spa Equipment — All pool and/or spa equipment shall be enclosed by a minimum five -foot high block wall, plastered to match the building. 3.3 The Bungalows a) Building Square Footage The Bungalows is comprised of 27 bungalow hotel units totaling approximately 28,219 square feet and the approximately 2,170 square foot Concierge & Guest Center, all shown by the Floor Plans on Exhibit 6, pages I through 11. The Bungalow Spa, which is an auxiliary use for and part of The Bungalows, is approximately 7,490 square feet, as shown on Exhibit 2. Therefore, the total Bungalows Sub -Area building square footage is approximately 37,879 square feet. b) Building Height The maximum building height of The Bungalows shall be 31 feet and shall be measured from the existing grade to the peak of roof. Chimneys, as depicted on Exhibit 6, page 11 of 11 "The Bungalows — Elevations and Floor Plans," may extend beyond the maximum peak roof height by a maximum of 18 inches plus an additional 18 inches for Gladding McBean Windsor clay chimney pots used for architectural screening. C) Setback Requirements The setback requirement shall be a minimum of 5 feet from property line. See Exhibit 11 "The Villas Dimensioned Site Plan — Blow Up." d) Parking Requirements The parking requirement shall be a minimum of 50 parking spaces as shown in Section 3.8 "Overall Parking" and Exhibit 8 "Parking & Circulation Plan." e) Screening i) Mechanical Enclosures — There shall be no mechanical roof equipment allowed, except for roof vents which shall be copper material. ii) Trash Enclosures — All trash enclosures shall be screened by a minimum five - foot block wall, plastered to match the building, and the trash containers shall be covered to protect them from being overturned or accessed by wildlife. -7- iii) Pool / Spa Equipment — All pool and/or spa equipment shall be enclosed by a minimum five -foot block wall, plastered to match the building. 3.4 Golf Clubhouse The following development standards shall apply to the Golf Clubhouse: a) Building Square Footage The maximum size of the Golf Clubhouse shall be 35,000 square feet as shown on Exhibit 4 "Golf Clubhouse — Elevations and Floor Plans." The below -grade cart parking shown on Exhibit 4 page 2 of 4, auxiliary buildings such as the Greenskeeper Building and Starter Shack, both shown on Exhibit 1 "Master Plan," and the two bathroom facilities existing on the golf course shall not be included in the overall development limit of 35,000 square feet as allowed in Anomaly 74 of the City's General Plan Land Use Element. b) Building Height The maximum building height for the Golf Clubhouse shall be 50 feet as depicted on Exhibit 4 "Golf Clubhouse — Elevations and Floor Plans" and shall be measured from the existing grade to the midpoint of the sloped roof. Chimneys, as depicted on Exhibit 4, pages 3 and 4 "Golf Clubhouse — Elevations and Floor Plans," may extend beyond the 42 -foot ridge roof height by a maximum of 18 inches plus an additional 18 inches for two Gladding McBean Windsor clay chimney pots used for architectural screening. C) Parking Requirements Parking for the Golf Club and Golf Clubhouse shall be a minimum of 300 parking spaces. d) Screening i) Roof Equipment — All mechanical roof equipment (except roof vents) shall be screened from horizontal view in a manner compatible with the building materials. ii) Trash Enclosures — All trash enclosures shall be screened by a minimum five - foot block wall, plastered to match the building, and the trash containers shall be covered to protect them from being overturned or accessed by wildlife. 3.5 Architectural Style The architectural style within the PCD shall be classical California Mediterranean, as shown on Exhibit 2 pages 2 of 3 and 3 of 3, Exhibit 4 page 3 of 4, Exhibit 5 and Exhibit 6. 3.6 Building Materials a) Roof Except for skylighted areas, all pitched roofs within the PCD shall be covered with Gladding McBean clay tile Number 8 Blend with Italian or Berkeley pans and Cordova covers, set with natural gray mortar (the Roof Material). If the Roof Material is not available then the Roof Material shall be a compatible alternative as determined by the City Planning Director. Gladding McBean Tile Roof b) Windows and Main Entry Doors The Tennis and Golf Clubhouses shall use Torrance Steel Window Systems or equivalent as shown on the elevations for the Exhibit 2 "Tennis Clubhouse," Exhibit 4 "Golf Clubhouse," Exhibit 5 "The Villas," and Exhibit 6 "The Bungalows," consistent with other steel windows in the PCD. The main entry doors shall be custom steel doors or the Torrance steel doors or equivalent. All steel windows and doors shall be finished medium bronze to match the steel windows and doors within the PCD. At The Villas and The Bungalows in locations where there are small secondary operable windows, wood windows may be substituted. *f0*6 Torrance Steel Window C) Plaster All exterior plaster shall be steel troweled with a refined Santa Barbara Smooth Finish and Omega Base Tan final color coat unpainted. For the Tennis Clubhouse and Golf Clubhouse, the exterior plaster shall be applied over masonry block to mitigate against cracking over large surfaces and to eliminate the long screed lines 4 inches above finished grade for a higher quality appearance and durable finish. d) Stone Veneer Walls La Playa Beach Stones, 3" to 5" size mix, installed on edge with raked joints matching the installation shown below. La Playa Beach Stone 3.7 Landscaping Landscaping shall be in all areas not devoted to structures, parking and driveways. Landscaping shall consist of a combination of trees, shrubs, groundcover and hardscape improvements. A detailed landscaping and irrigation program by a landscape architect or licensed landscaping contractor consistent with Exhibit 3 "Landscape Plan" shall be approved by the City Planning and General Services Departments prior to issuance of building permits, and installed prior to issuance of the Certificate of Use and Occupancy. 3.8 Overall Parking and Circulation a) Overall Parking — Consistent with the development standards contained in this Section 3.0 and Exhibit 8 "Parking & Circulation Plan," the following is a summary of the parking provided within the PCD: -10- Table 3 - Overall Parking Land Use Parking Required Additional Parking All Time + Night + Weekend The Tennis Club Sub -Area 28 10 + 188 + 366 The Bungalows Sub -Area 34 16 + 188 + 366 The Villas Sub -Area— Villa A 3 The Villas Sub -Area— Villa B 3 +1 Cart Garage The Villas Sub -Area— Villa C 4 1 +1 Can Garage The Villas Sub -Area— Villa D 4 1 +1 Cart Garage The Villas Sub -Area— Villa E 4 The Golf Club Sub -Area 244 56 366 Additional Weekend and Holiday Parking: Approximately 554 parking stalls within adjacent Corporate Plaza West are available on weekends and holidays through a recorded parking easement, with 188 adjacent parking stalls available after office business hours. b) Vehicular Circulation — Vehicular Circulation is shown on Exhibit 8 "Parking & Circulation Plan." c) Pedestrian Circulation — Pedestrian Circulation is shown on Exhibit 8 "Parking & Circulation Plan." 3.9 Electrical Lighting Fixtures All parking lot and private street lighting fixtures shall be fixture type "A" and "Al" as shown on Exhibit 9 "Electrical Fixture Types & Section" and installed in the locations shown on Exhibit 9 "Electrical Master Plan Lighting." a) Ground Mounted Air Conditioner Compressor Units — All ground mounted air conditioner compressor units shall be screened by landscaping. 3.10 Sign Regulations The purpose of this section is to define and provide development standards for all applicable signage located within the PCD. a) Permitted Signs i) Newport Beach Country Club Monument Identification Sims A Monument Sign, identifying the Newport Beach Country Club and including the Sea Horse logo, shall be located on the wall at the terminus of the main entry drive to Newport Beach Country Club off Pacific Coast Highway as shown on Exhibit 10 "Sign Plan" page 1 of 6 and depicted on page 6 of 6. -11- ii) Monument Directional Signs Monument Directional Signs identifying The Bungalows, The Tennis Club and Bag Drop shall be located at the secondary entrances as shown on Exhibit 10 "Sign Plan" page I of 6 and as schematically depicted on pages 3 of 6 and 6 of 6. iii) Addressing The numbers in all addresses shall be spelled out and placed in the location shown on Exhibit 10 "Sign Plan." The addresses numbers for The Villas shall be spelled out and placed on the mailbox pilaster behind the curb for each of the five single - family Villas. iv) Stop Signs and Fire Lane Signs Stop Signs and Fire Lane Signs shall be as depicted on Exhibit 10 "Sign Plan" page 6 of 6. v) Brass plaques embedded into the ground surface visible from the PCD private street or brass plaques not visible from the PCD private street are permitted. b) Sign Restrictions i) The letter dimensions, sign height design and materials of a sign shall comply with Exhibit 10 "Sign Plan." ii) Any permanently installed monument or pole sign clearly visible from the PCD private streets not shown on Exhibit 10 "Sign Plan" is prohibited except for necessary signs approved by the City Planning Director and matching the design, materials and size for the Bag Drop Monument Directional Sign or Fire Lane pole sign, both as depicted on Exhibit 10 "Sign Plan" page 6 of 6. c) Sign Maintenance Signs, together with all of their supports, braces, guys and anchors, shall be properly maintained with respect to appearance, structure and lighting features. 3.11 Curb and Gutter — Fire Hydrants New curb and gutter shall be Davis Color "Sandstone" integral color concrete with a light wash and sealed with Seal & Enhance sealer. Curb required to be red shall be Davis Custom Color "Fire Engine Red" integral color concrete with a smooth trowelled finish with NO PARKING FIRE LANE embossed on the top of the curb and sealed with Seal & Enhance sealer. Fire hydrants shall be polished brass. 3.12 Parking Lot Striping All parking lot striping shall be green except for handicap parking lot striping which shall be blue. -12- 4.0 GENERAL CONDITIONS AND REGULATIONS 4.1 Interpretation and Conflict with Code Whenever the regulations contained in this PCD Regulations conflict with the regulations of the Newport Beach Municipal Code, the regulations contained in this PCD Regulations text shall take precedence. The Municipal Code shall regulate this development when such regulations are not provided within these district regulations. All development within the PCD boundaries shall comply with all provisions of the Uniform Building Code and other governing building codes. Final plans shall substantially conform to the PCD Regulations and may include minor refinements from the Exhibits. All interpretations of the PCD shall be made by the City Planning Director, subject to appeal to the Planning Commission. 4.2 Mechanical Equipment Enclosures - Noise Attenuation Prior to final building permit clearance, all new mechanical appurtenances (i.e., utility vaults and emergency power generators, etc.) shall be enclosed. Noise associated with said generators shall be attenuated at side property lines adjacent to residential uses to 55 dBA. The enclosure design shall be based upon the recommendations of a licensed engineer practicing in acoustics, and be approved by the City Planning and Building Department. All rooftop equipment (other than vents, wind turbines, etc.) shall be architecturally treated or screened from off -site views in a manner compatible with the building materials prior to final building permit clearance for each new or remodeled building. Rooftop screening and enclosures shall be subject to the requirements of the 32/50 Height Limitation Zone. 4.3 Exterior Storage Areas There shall be no exterior storage areas permitted with the exception of the greenskeeper area which shall be enclosed by a minimum six foot plastered block wall to match the building. 4.4 Maintenance of Private /Common Areas The tenant / operator of The Tennis Club shall maintain The Tennis Club Sub -Area; the tenant / operator of The Bungalows shall be responsible for maintaining The Bungalows Sub -Area including the adjacent street, Bungalows parking lots and the lettered common lots for The Villas Sub -Area. 4.5 Outdoor Paging Outdoor paging shall be permitted at the Golf Club to call individuals to the tees and at the Tennis Club to call points during tennis tournaments. -13- 4.6 Amplified Music All amplified music played after 7:00 p.m. within the PCD shall be confined within the interior of a building unless a Special Events Permit is obtained. 4.7 Special Events Temporary special community events, such as PGA Senior Classic, Team Tennis, Davis Cup Matches, and other similar events, are permitted in the PCD, and are subject to the Newport Beach Municipal Code Section "Special Events." 4.8 Building Codes Construction shall comply with applicable provisions of the California Building Code and the various other mechanical, electrical and plumbing codes related thereto as adopted by the City Municipal Code. -14- MASTER PLAN • THE TENNIS CLUB -1 new stadium court - Tennis Clubhouse • THE VILLAS 5 single family homes • THE BUNGALOWS - 27 guest rental units • THE GOLF CLUB NBCC Planned Community s t e a r n s I EXHIBIT ARCHITECTURE 500 Broadway Laguna Beach,CA 92651 949 376 7160 FAX 949 376 1560 1 OF 1 ^ Italiannsans and Cordoba covers identical to Fashion Island. Existing Grade (dashed) SO face of building, typ. VIEW FROM PACIFIC COAST HIGHWAY DRIVE ENTRY nxs FITNESS CENTER \-- ..Hope's or equivalent steel windows and French doors. All wall surfaces will be smooth finish steel trowelled plaster in a refined Santa Barbara finish painted a shade of off white. TENNIS CLUBHOUSE &BUNGALOW SPA ELEVATION MATERIALS • smooth steel - troweled exterior plaster • La Playa Beach stone • Gladding, McBean clay roof tile blend #8 with Italian pans and Cordova covers • Torrance steel window system KEY PLAN i^ C is i i is NBCC Planned Community S t e a r n s EXHIBIT ARCHITECTURE 500 Broadway Laguna Beach,CA 92651 949 376 7160 FAX 949 376 1560 2 0 F 4 J VIEW FROM NEWPORT CENTER DRIVE ENTRY 0 5 10 • TENNIS CLUBHOUSE &BUNGALOW SPA ELEVATION MATERIALS • smooth steel - troweled exterior plaster • La Playa Beach stone • Gladding, McBean clay roof tile blend #8 with Italian pans and Cordova covers • Torrance steel window system KEY PLAN NBCC Planned Community s t e a r n s EXHIBIT ARCHITECTURE 500 Broadway Laguna Beach,CA 92651 949 376 7160 FAX 949 376 1560 3 0 F 4 To TERNS Naaaaeaf E�xMna coon smaRa Ewam enm� j w ®ea wamnE iMi rF�o M. smaPe In .loGkars /. \ j Mann,, I, i MeiiaCirtnlnllon —_ Plume RN N:IR , ENRY Sinap ew wnmc,e eecmaann reatmeml SnamE - - - Watin Wm---- ---iers 4 MacM1Raom Jan Jb'ellnnaA WallnessB j \ j yMay d+M1� In - j d•w / \ — PaoleyNP owriww / nmpoo j Trvvimenn � / PJO�es \ TM 5 LPa / M _- nhnmt RPe .im. nimur 8.b Wmr dells pamar TENNIS CLUBHOUSE & BUNGALOW SPA FLOOR PLAN TENNIS CLUBHOUSE: •PROSHOP • LOBBY • OFFICE • LOCKER ROOMS • STORAGE SHED (see 4 of 4) 3725 square feet SPA FOR THE BUNGALOWS: • SPA • FITNESS • BELOW GRADE STORAGE 7490 square feet KEY PLAN R NBCC Planned Community EXHIBIT s t a a r s A ARCHITECTURE L 500 BMI Lbg, Beac15CA92651 9493767166 376 15W 1 OF 4 Soots Elevation West Elevation Q Hoof Plan North Elevation Roo, Plan East Elevation TENNIS CLUBHOUSE & BUNGALOW SPA STORAGE SHED MATERIALS • painted concrete masonry units • painted metal roll -up doors KEY PLAN NBCC Planned Community EXHIBIT S t e a r n s A ARCHITECTURE L 5oo tn9nuB IACA976S1 94937671 FAX 949376 ISM 40F4 I IBM / GREEN F. J� �E �I I �1 - - -- PACIFIC COAST HIGHWAY r 1 \ \J ^'F CFIV R OR F a. ", ATT Y 1. y� 7 � I D ]D 40 ED qoa a r =Ra PRELIMINARY LANDSCAPE PLAN WTMVIGLNAXE COMMONNMIE ��� /.CCEM /SRCIXFNTPFEt1�R0 %nwW)n� i?!� WEgCU5A6GEWA CV1EOPrvw OA[ MTAVIR MCEXOSS Wl[OWJYSYGIIpPE .E�.�. PAT DER... 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ESEVROIWf.NON SIHPERNgENS NItMVNMLECNEH BE RWGINA VC.2 A RL4R6 ....T POOR PFD DEE PGPAS NCUSPECIFS SVCG p SMIIISXRVBS l5 GV1IXJIf.N14Vn SRF1 AWANENIRSTON'I CLWD' L6TOF TIE N¢E 4NTM'A MONIFIOFM6 SERI I. VnONNn RPELI $b. UVFNDEq STRCNYSB RACFRDES4ROSIPATA' PROSIPATEAOSElK3Y YWJSINA Un6{FAQS VwE515GV.W nwufUn RIE) BWGINNLIFq YEOES Bg1C NALEA OmKTVS61KCwnTOP1R ROYALTVMP MNE OISTCIVSPMRSn gOT...E.R Mi1RNOCE5V5 WINpIEFIXw NRGINw O1EERR NOTE: INF.I -WAIN uOOFOgRIE. INTOS'wA S D OF BLAND MO M'OUPUYA KQ...... N'OAR YIECSEDSPEOXENTPEES NBCC Planned Community MJSOesign Group_ EXHIBIT LanEUa,O RREEDFR RNI, 3 nEing I OF I 0 10 20 30 Fr •rr6==M GOLF CLUBHOUSE Total= 35000 square feet UPPER LEVEL FLOOR PLAN Upper Level =16900 sf KEY PLAN d�o O rIr o° NBCC Planned Community S t e a r n s EXHIBIT ARCHITECTURE 500 Broadway Laguna Beach,CA 92651 949 376 7160 FAX 949 376 1560 1 O F 4 - Kong �unn nNINIM o II - �000111m ■ � �' i 00/01un 0 /0. II = � IIIIp111 1 1 II � �I�1►1 1111 �� � IIIIIIIIIq� 11 i I 11111/.1 i �_► r - i ii 1,Opp, 7, Iffair 11/1,1�111p �■ ► ■ ■■ i 111, 1,��_� CLUB STORAGE CA R 5 T 0 RAGE �J MINOR �nn 1 0 10 20 30 Fr 1_ �1 GOLF CLUBHOUSE LOWER LEVEL FLOOR PLAN Lower Level = 18100 sf Below Grade Storage Excluded: 6000 sf KEY PLAN a d�o 0 NBCC Planned Community s t e a r n s EXHIBIT ARCHITECTURE 500 Broadway Laguna Beach,CA 92651 949 376 7160 FAX 949 376 1560 2 0 F 4 I R L i ff/i 'A/ b• ■ I NYk I�DI,f Y /� I _ - '.Cris [l.�si. ��' Oil �hl`.�I i.. _ �'� !! .•y face of huiltling u. •rca rnvm i o m anccn 11s D. VIEW FROM WEDDING LAWN 1IS GOLF CLUBHOUSE ELEVATIONS MATERIALS • smooth steel - troweled exterior plaster • La Playa Beach stone • Gladding, McBean clay roof tile blend #8 with Italian pans and Cordova covers • Torrance steel window system KEY PLAN �o J � O C o :o D o° 0 NBCC Planned Community s It e a r n s EXHIBIT ARCHITECTURE 500 Broadway Laguna Beach,CA 92651 949 376 7160 FAX 949 376 1560 4 0 F 4 ROOF PLAN at rc TA c r M n FLOOR PLAN Ritlge +23' -Ox above — `6YryeH... existing grade \ [- dwym & =IN 4- 1', -1*,, pawne" . VIEW FROM AUTO COURT `Existin Grade Oh face of bldg. tY ... .,.. . GOLF COURSE Existing Grade (dashed) no\ ELEVATION 1 - --- AUTO COURT -------- ------- ------- ------- ----- --- ------ ----------- ----------------------------------_ --- ------- ------- ----- __- m...,.e.. Id.L AUTO mum GOLF COURSE SIDE ELEVATION CONCEPT ELEVATIONS PLAN A 0 5 15 25 FT THE VILLAS FLOOR PLANS & ELEVATIONS PLAN A 2201 ± square feet MATERIALS • smooth steel - troweled exterior MASTER MASTER HROO • Gladding, McKean clay roof tile blend #8 with Berkeley pans and Cordova covers BATHROOM CLOSET 0 MASTER BEDROOM n �0 b "Ind TWO NBCC Planned Community S t e a r n s EXHIBIT ARCHITECTURE 500 Broadway Laguna Beach,CA 92651 949 376 7160 FAX 949 376 1560 1 O F 5 GARAGE m � 5 DY EDGY Trina FFOrb b b LIVENd ENTRY I — — —. —.— - -- - g, �+ v- r.Filiol t.irzo _ E m v sh . b NODK KITCHEN DINING Rx - FE�no FLOOR PLAN Ritlge +23' -Ox above — `6YryeH... existing grade \ [- dwym & =IN 4- 1', -1*,, pawne" . VIEW FROM AUTO COURT `Existin Grade Oh face of bldg. tY ... .,.. . GOLF COURSE Existing Grade (dashed) no\ ELEVATION 1 - --- AUTO COURT -------- ------- ------- ------- ----- --- ------ ----------- ----------------------------------_ --- ------- ------- ----- __- m...,.e.. Id.L AUTO mum GOLF COURSE SIDE ELEVATION CONCEPT ELEVATIONS PLAN A 0 5 15 25 FT THE VILLAS FLOOR PLANS & ELEVATIONS PLAN A 2201 ± square feet MATERIALS • smooth steel - troweled exterior plaster • La Playa Beach stone • Gladding, McKean clay roof tile blend #8 with Berkeley pans and Cordova covers KEY PLAN 0 n �0 NBCC Planned Community S t e a r n s EXHIBIT ARCHITECTURE 500 Broadway Laguna Beach,CA 92651 949 376 7160 FAX 949 376 1560 1 O F 5 6 UPPER FLOOR PLAN LOWER FLOOR PLAN r 12 VIEW FROMGOIF COURSE Ridge +31' -0 "abme 12 FEE, T23'4 ' atiove existing WMMMaMn- WitivMSNVM oeonn W.lem.o WWwa.m, Mg. W. 0 D= OWpMdrrn.bmMW e µpgv; bnWrwm uw - �.�mcimnnen �m.m MASTED MASTER MAfl€fl L'gUNDRY — BEDROOM 6gTXRnoM CLI(liEi a. O O BE LIVINGRaOM ENTRY SI'.rr GARAGE i a r,�SD W RM. _ 5 ■ — e NOOK K([CHEM DINING LOWER FLOOR PLAN r 12 VIEW FROMGOIF COURSE Ridge +31' -0 "abme 12 FEE, T23'4 ' atiove existing WMMMaMn- WitivMSNVM oeonn W.lem.o WWwa.m, Mg. W. VIEW FROM AUTO COURT H1' -0 "' able existing grade OWpMdrrn.bmMW II f µpgv; bnWrwm uw - �.�mcimnnen �m.m GOLF COURSE AUTO COURT SIDE ELEVATION I T ED [3 Ell �--- -- - --- ----------------------- AIIIDC WRr__ _______________________________ _ - - - -- _..__..__.. _.0RSE 510E ELEVATION CONCEPT ELEVATIONS _ `�' - M W eemee beoiumne PLAN B 0 5 15 25 FT ROOF PLAN -- MelvnntlawM4m WM9WGenebmmW WMAWNIMhIMnnC GNmnM6u�WY THE VILLAS FLOOR PLANS & ELEVATIONS PLAN B 3193 ±square feet MATERIALS • smooth steel - troweled exterior plaster • La Playa Beach stone • Gladding, McBean clay roof tile blend #8 with Berkeley pans and Cordova covers KEY PLAN � a NBCC Planned Community s t e a r n s EXHIBIT ARCHITECTURE 500 Broadway Laguna Beach,CA 92651 9493767160 FAX 949 376 1560 2OF5 i ROOF PLAN 1W W I r Ijl I11j pjj '. uv BASEMENT PLAN WMVrvAWryEtl� eMewowwM n.rmwMww e.MInR.�M vuopMbnpilb .o..UOLM VIEW FROM AUTO COLOR .35'D Abov .,I., grade /� 11 Above cn"'.& aowW ww.. M+ bM,MwW W W W wsw Lalanw�.4m•M „a SIDE CFEVAnau CONCEPT ELEVATIONS PLAN C 0 15 25 FT UPPER LEVEL FLOOR PLAN THE VILLAS FLOOR PLANS & ELEVATIONS PLAN C main house 4283± square feet + guest house 390 ± square feet + basement 223 ± square feet MATERIALS • smooth steel - troweled exterior plaster • La Playa Beach stone • Gladding, McBean clay roof tile blend #8 with Berkeley pans and Cordova covers V �O 1.- NBCC Planned Community S t e a r n s EXHIBIT ARCHITECTURE 500 Broadway Laguna Beach,CA 92651 949 376 7160 FAX 949 376 1560 3 OF 5 UPPER FLOOR PLAN LOWER FLOOR PLAN BASEMENT PLAN smE ELEVF.'ON PLAN D 15 25 =T Exs n 91d4e (N5M1ed) CONCEPT ELEVATIONS gape (e ed) EnS ng gape (GOcd) . ,u" dry. THE VILLAS FLOOR PLANS & ELEVATIONS PLAN D main house 4696 ± square feet + guest house 601 ± square feet + basement 1087 ± square feet MATERIALS • smooth steel - troweled exterior plaster • La Playa Beach stone • Gladding, McKean clay roof tile blend #8 with Berkeley pans and Cordova covers KEY PLAN ` O 4 2 I/ NBCC Planned Community S t e a r n s EXHIBIT ARCHITECTURE 500 Broadway Laguna Beach,CA 92651 949 376 7160 FAX 949 376 1560 4 O F 5 e e nm "11111111 ��_imn — °• ° °° mnnm �■PIII911 ► � ICI � I ICI 4 i11111 /Oj �I rn ra �E � I 1 i`I IIII ............... • • .. r __ •moo 1 11M .j 01 KIM 11111111 171ON7 1oi ,� 1Ei �o lih u =�mmm UPPER FLOOR PLAN LOWER FLOOR PLAN BASEMENT PLAN smE ELEVF.'ON PLAN D 15 25 =T Exs n 91d4e (N5M1ed) CONCEPT ELEVATIONS gape (e ed) EnS ng gape (GOcd) . ,u" dry. THE VILLAS FLOOR PLANS & ELEVATIONS PLAN D main house 4696 ± square feet + guest house 601 ± square feet + basement 1087 ± square feet MATERIALS • smooth steel - troweled exterior plaster • La Playa Beach stone • Gladding, McKean clay roof tile blend #8 with Berkeley pans and Cordova covers KEY PLAN ` O 4 2 I/ NBCC Planned Community S t e a r n s EXHIBIT ARCHITECTURE 500 Broadway Laguna Beach,CA 92651 949 376 7160 FAX 949 376 1560 4 O F 5 FRONT ELEVATION �EUnl'_Xde eMneA� ®.hoe Mhed, HO. - �,��r�II 111' Illlllltllllu;�uau I E�' Exhing pi (dashed) t Ridge +25'0" Ridge +23`0" "'Fi 1J f0i SIDE ELEVATION lw .f ~•�` 111 dai CONCEPT ELEVATIONS 'nt ti'd' 10'8 2i' -H' CI Y3' as I FIRST FLOOR PLAN SIDE F,,WLONbv„ SECOND FLOOR PLAN 0 15 25 FT fl ROOF PLAN THE VILLAS FLOOR PLANS & ELEVATIONS PLAN E 2,835 ± square feet MATERIALS • smooth steel - troweled exterior plaster • La Playa Beach stone • Gladding, McBean clay roof tile blend #8 with Berkeley pans and Cordova covers KEY ,PLAN NBCC Planned Community s t e a r n s EXHIBIT ARCHITECTURE 500 Broadway Laguna Beach ,CA 92651 949 376 7160 FAX 949 376 1560 5 0 F 5 Ui ROOM ■ee I. Me ENTRY 1�• �_ — — X17 1 COURTYARD i�I�Nfll li HIM �1I 'nt ti'd' 10'8 2i' -H' CI Y3' as I FIRST FLOOR PLAN SIDE F,,WLONbv„ SECOND FLOOR PLAN 0 15 25 FT fl ROOF PLAN THE VILLAS FLOOR PLANS & ELEVATIONS PLAN E 2,835 ± square feet MATERIALS • smooth steel - troweled exterior plaster • La Playa Beach stone • Gladding, McBean clay roof tile blend #8 with Berkeley pans and Cordova covers KEY ,PLAN NBCC Planned Community s t e a r n s EXHIBIT ARCHITECTURE 500 Broadway Laguna Beach ,CA 92651 949 376 7160 FAX 949 376 1560 5 0 F 5 CONCIERGE & GUEST CENTER 0 5 10 15 FT THE BUNGALOWS FLOOR PLANS CONCIERGE & GUEST MEETING CENTER 2170 gross square feet KEY PLAN a 2 ,F NBCC Planned Community s t e a r n s EXHIBIT ARCHITECTURE 6 500 Broadway Laguna Beach,CA 92651 949 376 7160 FAX 949 376 1560 1 of 11 0 D r o m O v, ti o D N ° -V Z —I X o g n .► Cf 00 o C"! y p C/) J v N Cn r O _ °• F 2 l0 nCi _ �� CD m CL o m CO nm N o m m N M• ti �i /�,, � � cco C a r O 0 r o T ti m r m m r r O m m r m m r QN4, r OHO r O = C O O T m m d 0 y C z Z a ,G9v� i i m o / co --i �r n � 0 O D 0 D N -V Z pcnmp � m —I 2 X ca `.a D �m n o m CL j Z � y -V CO C7 y D C CD i C N a r CO m a X =, n c 9 O m Z s r D m n x z s _s �o F O p r P CD C � a .► C'! K P CD O °Z N � O C '- CD CL � c z r-r N -V cn S � O Z �G y z °any D s _s �o -V Z r P CD � a .► C'! K P CD O °Z O O m CD CL �n -V W m Z �G y z °any D y m Nny = D C 0 c C y z y Z (D (D c m P p CD m N m c CD a r C C m cn X 2 w p � v r`•. n D r w O D S Q S O -V Z Cf 00 pcn;po c m o D T o —I = �a n �rO v� W o m o a 2 A CD Q j , D Z • sU O goy 70 v CO an d goy D C we 7 m P c C CD a r �•!i .° O 4�1 rn X n r O m m V z a r m r m 3 a =_ ti O Z r P D O r _ X r� a Cf r K r c r: Cn 0 a r o r c \_` z 0CD ^stn y cn o. v 2 T Z '�" D D o N Z P D pcno> r _ X r� Cf K vc c r: r c r: Cn 0 CD \_` MC �cn 0CD ^stn T o. v 2 CL Z '�" D D 700 v CO y y CD CD ec Dm CD CD -a CD CD CD O m � X =, 00 � 7 0 Cf N (n 0 � 9 r m m A �o � A o D m °� A z H o n� T v m Q N n 0 N Cf PNQN r A �o � °� o = A o n� v m Q Z o -V CO ` m d n �o y r D C A m � e � CD CG r- r oE N i CD CCC m 0o X 2 =, p � v r`•. n OWA m r o D D N -0 Z � g n .► 7 C'! 7 m . p - 0 A CL Z w W D C m o_ r^ y1 m BCD a r CO m co X 2 =, p � v r`•. n 0 0 D Z n x O D m m Z n i D Z n x O a m m Z n D N _s s' _s s s > > s F � D N -V Z as 00 p L/ � m c CD rD C/3 T —I r�� K a g n.► E o C! y c�iiZ v� =`°`Wz -ato O m z m CL m D C-) 0 W an d n Z N WC7y y rnC7y - z C D m D m �c m (n Z o_ N <m c_7 D Cm n CD N CD � OC �'I 'I C X �\ o V / EFo `. A O 3 n F zz N U i t: i mi S A 31 z� N� o� 5 I i- g5g= g} j 4 }F 1qq� it o > M �m o a� W Qmv do S o a 7 C! y CL '� � m = D T = co � C= m o a C O Wm m y D m p W an d �= CJ CD N O C G •� W CD ti z z N CD 0 CCD p Z CD o co o c� CD I H CL CD I 0 CD CD Cb N 6 (D C C yy,� d O O K m N m y �" ,,; . C) \' '* 0 W CD GREENSI(EEPER ---�R`ETAIL NURSERY kt CONDOMINIUM s in I iEE n PAPGiILF i GREEN PIIIIING r GPEEN GFSE. GOLF CLUBHOUSE& ACCESSORY BUILDINGS = 32,470 SF± TENNIS CLUB =3,725 SF x oe QP �P BANK & OFFICES i i W Afmi EXISTING USES AERIAL MAP NBCC Planned Community EXHIBIT s t e a r n s ARCHITECTURE 500 Broadway Laguna Beach, CA 92651 949 376 7160 FAX 949 376 1560 1 OF I c IfiM iEE I �I ,EE V' IBIM1 C /\ GAEEN O \Y GREENSKEEPER 0 �a , , CNi1 NG 6R E THE VILLAS SUB AREA (n( GOLF CLUB SUB AREA sNALK STANo LAARICE THE BUNGALOWS SUB AREA Eel 0 3005115 M CLUB O 0 O ""P"" /0 y, PACIFIC COAST HIGHWAY 0 e= r , PO qT `FN TFA aR FAF HE SU B .AREA 3 i 0 / X NoAM1 PARKING & CIRCULATION PLAN Tennis Club Sub -Area parking ■ - 38 stalls Bungalows Sub -Area parking ❑ - 50 stalls Parking easement area ® -188 stalls +/- ❑ - 366 stalls +/- Golf Club Sub -Area parking ❑ - 300 stalls 1 NOTE: Parking in common between The Tennis Club, The Bungalows & The Villas Sub - Areas. NBCC Planned Community s t e a r n s EXHIBIT ARCHITECTURE 500 Broadway Laguna Beach,CA 92651 949 376 7160 FAX 949 376 1560 1 01`1 J 3EENSKEEPER RNIK0011 I 0� RVi VILLA VILLA U Be CORPORATE PLAZA WEST 2 (EXISTING OFFSITE) 106 RV2 CORPORATE PLAZA WEST PRELIMINARY SITE LIGHTING STUDY 00 25LL LL a 50 100 FT O North ELECTRICAL MASTER PLAN LIGHTING NBCC Planned Community 5 t e a r n s EXHIBIT ARCHITECTURE 500 Broadway Laguna Beach,CA 92651 949 376 7160 FAX 949 376 1560 1 0 F 2 ,n . .. W . , m.W N..: miRE,pp I .e WE. I Real unpn Ei W awo -.1 . Lr N mrtyNme W WW w. iin w m yMeg yalomanwineEwan mwnn9 .rygan wnkn Fmpum ro m..tri.. Ree,i ER.I mwaM Wll RE— W lE.". ... E.. .Ou a w.n w.sv I Eye— RE ._wnary mntm'n. w.su E3 FIXTURE TYPE "C" QuaIXe PRPSedes 1000uv\ �� -�-�� mo aPemSg :.In mhwau D: moo or ui 0 N GARAGE O VILLA E zo CENTER COURT (COURT #1) SECTION 0 VILLA E FIXTURE TYPE "B" nartooxn i T.I r.al,EFEM.tio :x—c —REJEe UE WIELO IMLUMINAME Q4�ip.�M FIXTURE TYPE "F" 3 . Eeu[ruxwww.pMOSnmoxn�.w r FIXTURE TYPE "A" AND "A1" M FIXTURETYPE "D" ELECTRICAL FIXTURE TYPES & SECTION NBCC Planned Community S t e a r n s EXHIBIT ARCHITECTURE 500 Broadway Laguna Beach,CA 92651 949 376 7160 FAX 949 376 1560 2 O F 2 :I21 Q4�ip.�M FIXTURE TYPE "F" 3 . Eeu[ruxwww.pMOSnmoxn�.w r FIXTURE TYPE "A" AND "A1" M FIXTURETYPE "D" ELECTRICAL FIXTURE TYPES & SECTION NBCC Planned Community S t e a r n s EXHIBIT ARCHITECTURE 500 Broadway Laguna Beach,CA 92651 949 376 7160 FAX 949 376 1560 2 O F 2 SIGN PLAN LEGEND Q NEWPORT BEACH COUNTRY CLUB ID Q BUILDING WALL ADDRESS O ID & DIRECTIONAL O BAG DROP © HANGING SIGN O STOP SIGN (LOCATION NOT SHOWN) Q FIRE LANE SIGN (LOCATION NOT SHOWN) NBCC Planned Community District © GRAPHIC 31 OAUil01 EXHIBIT ENVIRONMENTAL GRAPHIC DESIGN 9 MAIN STREET - SAN OI40, G 9113 619) 239 IRJR W (619) DS -6018 O FILE: NewpBeacCommSignP1an3.ai 5.26.11 1 O F 6 5" CAP 'f � © HANGING SIGN ONE =COUNTRY CLUB DRIVE BUILDING WALL ADDRESS SIGN PLAN GOLF CLUBHOUSE MATERIALS • B-I - ADDRESS: DARK OXIDIZED CAST BRONZE BACKPINNED FLUSH TO MASONRY SURFACE. • E - HANGING SIGN: FABRICATED BRONZE WITH DARK OXIDIZED FINISH. LETTER FACES POLISHED FINISH. KEY PLAN �o O O �o 00 o A NBCC Planned Community District © GRAPHIC SOAUil011N® EXHIBIT : ENVIRONMENTAL HAI XNEET- SGRAPN(A DESIGN 113 O 3961 XAIX S1RFFi � Nq OIE40, G 91113 1El (619) 239 1335 IAR (619) ➢5 -6018 FILE: NewpBeacCommSipnPlanlai 5.26.11 2 O F 6 CONCIERGE & GUEST CENTER 0 5 10 15 FT Y.L� SIGN PLAN THEBLINGALOWS MATERIALS • WALL: MASONRY WALL TO MATCH BUILDING TEXTURE AND COLOR. • BASE TRIM: INTEGRAL COLORED CONCRETE TO MATCH MONUMENT COLOR WITH A SMOOTH FINISH. • NUMBERS, LETTERS AND ARROW: DARK OXIDIZED CAST BRONZE BACKPINNED FLUSH TO MASONRY SURFACE. KEY PLAN NBCC Planned Community District © GRAPHIC SOAUil011N® EXHIBIT : ENVIRONMENTAL HAI XNEET- SGRAPN(A DESIGN 113 O 3961 XAIX StRFFi � Nq OIE40, G 91113 FEl (619) 239 1335 IAR (619) ➢5 -6018 FILE: NewpBeacCommSipnPlanlai 5.26.11 3 0 F 6 kallilO Sans and Cord*ba .re rs ide ntk A to F.Won Wand. VIEW FROM PACIFIC COAST HIGHWAY DRIVE ENTRY Map.,, rr'r eryuleatent serel window• a.ed French door. -' All wall surfaces w111 Yln smooth Anhh neol t""d plumy in a refined SAnb Barbara imish pwmrd a shade of aR white. EWIng Grace idnhedf ® lace d 4uildmg, W o■ 5 10 ■ ■ ■ ■ TIE SPA LTEN =COUNTRY CLUB DRIVE QD BUILDING WALL ADDRESS SIGN PLAN THE SPA MATERIALS •B2- ADDRESS: DARK OXIDIZED CAST BRONZE BACKPINNED FLUSH TO MASONRY SURFACE. KEY PLAN. g W i5 4 3 i h \ C�Jyi C Jy�cC NBCC Planned Community District SOlUilOUS® EXHIBIT ©GRAPHIC EXVINONNEET -S GNAPNIL DESIGN 3951 MAIN ABET -SAN DIEGO, fA 601E iEL (619) ➢91335 fAA (619) 235-601E A 0 I FILE: NewpBeacCommSignPlan3.ai 5.26.11 4 OF 6 l ELEVE N ;�7COUNTRY CLUB DRIVE 4M BUILDING WALL ADDRESS SIGN PLAN THE SPA MATERIALS •B3- ADDRESS: DARK OXIDIZED CAST BRONZE BACKPINNED FLUSH TO MASONRY SURFACE. ,KEG N\ liJ% J C NBCC Planned Community District ©cRaPHEN io[urpoIGN EXHIBIT ENVIRONMENTAL GRAPHIC Q 9211IGN A O 1939 MAIN STREET � SAN DIEGO, Cd 9il I1 I 3EL (619) 239 1335 PAN (619) 335 6018 FILE: NewpBeacCcmmSignPIan3,ai 5.26.11 5 OF 6 PRIMARY IDENTIFICATION - TOP VIEW NEWPORT BEACH M E-� BAG COUNTRY CLUB Q NEWPORT BEACH COUNTRY CLUB IDENTIFICATION MONUMENT Q BAG DROP T11REE THE NINE BUNGALOWS - �• COUNTRY CLUB DRIVE M N 20" rt 12" �. ® DIRECTIONAL MONUMENT THE TENNIS CLUB - ® THE TENNIS CLUB MONUMENT Q STOP SIGN Q FIRE LANE SIGN SIGN PLAN MATERIALS WALL • MASONRY WALL TO MATCH BUILDING TEXTURE AND COLOR. • BASE TRIM: INTEGRAL COLORED CONCRETE TO MATCH MONUMENT COLOR WITH A SMOOTH FINISH. • ROUND LOGO: CAST BRONZE PLAQUE - GRAPHICS AND BORDER RAISED AND POLISHED. BACKGROUND DARK OXIDIZED BRONZE. • NUMBERS, LETTERS AND ARROW: DARK OXIDIZED CAST BRONZE BACKPINNED FLUSH TO MASONRY SURFACE. STOP SIGN • FACE: ALUMINUM PANEL PAINT FINISHED TO MATCH GREY BRONZE FIXTURES ON SITE. • DIMENSIONAL LETTERS: BRONZE WITH POLISHED FACE • POST: SQUARE ALUMINUM PAINT FINISH GREY BRONZE. FIRE LANE • FACE: ALUMINUM PANEL PAINT FINISHED. •LETTERS: FACE ADHERED OPAQUE VINYL. • POST: SQUARE ALUMINUM PAINT FINISH TO MATCH GREY BRONZE FIXTURES ON SITE. NBCC Planned Community District © GRAPHIC SOIUiIONN® EXHIBIT : ENVIRONMENTAL HAI XNEET- SGRAPN(A DESIGN 113 O 3961 XAIX STRFFi � Nq OIE40, G 91113 1El (619) 239 1335 IAR (619( ➢5 -6018 FILE: NewpBeacCommSipnPlanlai 5.26.11 6 0 F 6 0 25 50 100FT mmm � North THE VILLAS DIMENSIONED SITE PLAN - BLOW UP NBCC Planned Community S t e a r n s EXHIBIT ARCHITECTURE 1 1 500 Broadway Laguna Beach,CA 92651 949 376 7160 FAX 949 376 1560 1 OF 1 Attachment No. PC 2 LSA Parking Supply Analysis L P/\ e I LSA ASSOCIATES, INC. BERRELBV FORT COLLINS RIVFRSIOB 20 EXECUTIVE PARK, SUITE ZOO 949.553.0666 TEL CARLSBAD PALM SPRINGS ROCKLIN IS IRVINE, CALIFORSIA 92614 949.553.8076 FAA COLMA POINT RICHMOND SAN LUIS OBISPO August 20, 2008 RECEIVED BY PLANNING DEPARTMENT AUG 2 2 2008 Mr. Robert O Hill CITY 'OF NEWPORT BEACH Golf Realty Fund One Upper Newport Plaza Newport Beach, CA 92660 Subject: Newport Beach Country Club Parking Supply Analysis Dear Mr, O Hill: LSA Associates, Inc. (LSA) is pleased to provide this analysis of the parking supply for The Bungalows, The Villas, Tennis Club, and Golf Course /Clubhouse proposed as part of the Newport Beach Country Club (NBCC) Master Plan, This analysis has been prepared using project description information provided by Golf Realty Fluid, site plans prepared by Stearns Architecture, and parking rates from the City of Newport Beach (City) Zoning Code and the Institute of Transportation Engineers (ITE.) Parking Generation, 3rd Edition. The project evaluated herein includes a boutique hotel with a total of 27 rental bungalows (one- and two- bedroom), including a pool and spa; five for -sale Villas (two- and four - bedroom); renovations to the existing Tennis Club to include seven tennis,courts, a new Tennis Clubhouse, and fitness area; and an expanded Golf Clubhouse. The site plan is shown in Figure I (attached). The overall parking demand and supply is shomi in Table A (attached). Each component of the project, along with the anticipated parking demand and supply, is described below. The Bungalows A total of 27 bungalows are proposed on the east side of the NBCC in the area new the existing Tennis Club. The Bungalows will be a high -end boutique hotel and will cater to guests of members, families, corporate guests, and couples. Twenty -two of The Bungalows will be one bedroom, while the remaining five will be two bedrooms. The Bungalows will include a pool for use by bungalow guests only. Adjacent to the pool and attached to the Tennis Clubhouse will be a spa. The spa will primarily be an amenity for guests of The Bungalows; however, members of the Tennis Club will also be able to schedule spa treatments when the spa is not being utilized by bungalow guests. A 20 -space parking lot is adjacent to the spa to accommodate the demand for its use; however, it is anticipated that most of the patrons will walk from the bungalow units. 'File parking requirement for The Bungalows was determined using the parking requirement for bed and breakfast inns from the Newport Beach Zoning Code, which requires one space per guest room plus two spaces. Review of the ITE Parking Generation Manual shows that parking demand rates for hotels and motels range from 0.64 to 1,1 spaces per room, less than that required by the City's bed and breakfast parking rate. Using ITE parking demand rates for hotels or motels, the parking 08 /20,'08,,P:� \BC060nParking ADnlysis.doo) PLANNING I ENVIRONMENTAI. I DESIGN LSA ASSOCIATES, INC, requirement for The Bungalows would be between 17.2 and 29.7 parking spaces. As a result, the bed and breakfast rate provides a conservative estimate of parking demand for The Bungalows. Many of the two - bedroom bungalows may be occupied by a family or group traveling together and therefore would not typically require two parking spaces. However, the additional parking supply could be utilized by visitors and maintenance and housekeeping personnel. In addition, because the spa and pool are amenities for The Bungalow hotel guests, no additional parking would be required, as The Bungalow guests will already be parked in the spaces provided for those uses. Application of the bed and breakfast rate to the 27 Bungalows would result in a parking requirement of 34 parking spaces. Based on review of the project site plan, a total of 54 parking spaces (22 one - bedroonn units at one space per unit, plus 5 two- bedroom units at two spaces per unit, plus 20 spaces adjacent to the spa, plus two additional spaces) will be provided adjacent to The Bungalows and along the roadway providing access to The Bungalows. As a result, adequate parking will be provided for bungalow residents and visitors, with a surplus of 20 spaces. The Villas Five Villas are proposed adjacent to The Bungalows. The Villas are intended to be single - family vacation homes. Plans A and B would have two bedrooms, Plan E would have three bedrooms, and Plans C and D would have three bedrooms plus a one- bedroom guesthouse. Plans A and B will have a two -car garage plus one guest parking space located in the driveway. In addition, Plan B will have a small garage that cold be used for a golf cart or other small vehicle. Plan E will have a two -car garage and a two -car auto court for guest parking. Plans C and D will have a three -car garage and a three -car auto court, plus a small garage for a golf cart or other small vehicle. The Newport Beach Zoning Code requires two parking spaces per single - family residential unit. The Villas would provide at least two garage parking spaces per unit and would therefore meet the City's Code requirement. Additional parking for visitors or housekeeping and maintenance personnel could be accommodated in the auto courts. The Tennis Club The Tennis Club will include seven courts, including one stadium court. A 3,544- square -foot (so tennis clubhouse will be constructed for the use of tennis club members, The Tennis Clubhouse will provide amenities such as changing roosts /lockers, restrooms, and a pro shop. A fitness area will be provided adjacent and connected to the Tennis Clubhouse. The fitness area is primarily for use by members and guests of The Bungalows, but may also be used by members of the Tennis Club, and will not be available for use by the general public. The Newport Beach Zoning Code requires parking to be provided at a rate of four parking spaces per court for tennis clubs. This is more conservative than the average peak parking demand rate of 3.56 vehicles per court in the ITE Parking Generation Manual, It should be noted that a tennis club, as defined by the ITE, includes ancillary facilities, such as swimmling pools, whirlpools, saunas, weight rooms, snack bars, and retail stores. As a result, the rate of four parking spaces per court would include parking for the amenities such as the lockers and pro shop. Because the fitness area is an amenity for The Bungalow hotel guests and the Tennis Club members only, no additional parking 08 /20 /OS,,P;WnCO601nPatking Anah sls.doo, LSA ASSOCIATES. INc. would be required, as The Bungalow guests and the Tennis Club members will already be parked in the spaces provided for this use. Based on City Code, 28 parking spaces would be required for the Tennis Club. Per the project site plan, a total of 38 spaces will be provided, resulting in a surplus of 10 spaces. In addition to the parking surplus, the Tennis Club land has a parking easement with the adjacent Corporate Plaza West office buildings to use the office parking oil evenings, weekends, and holidays. This provides an additional 554 parking spaces, 188 of which are adjacent to the project, and would fulfill any overflow parking needs during charitable Tennis Tournaments (i.e. Hoag's Team Tennis, The Adoption Guild, and Top Gun) for evenings, weekends, and holidays. The Golf Clubhouse Newport Beach Country Club includes an existing championship 18 -hole Golf Course and proposed new Golf Clubhouse (approximately 40,000 sf). The project will redesign the current parking and circulation adjacent to the course and construct a larger Clubhouse facility for its members and guests. The Clubhouse will include a grille, locker rooms, a pro shop, a 19th Hole bar, and meeting rooms. These amenities are only available for use by Golf Course patrons. The Newport Beach Zoning Code does not provide a specific parking rate for golf courses. Per discussions with City staff, parking rates for golf facilities are at the discretion of the City Planning Director and vary by location. Therefore, LSA utilized the parking rates in the ITE Parking Generation Manual to derive the required number of parking spaces needed for the Golf Course, or 8.68 vehicles per hole. Based on this, 157 parking spaces would be required for the Golf Course. This is a conservative rate, as four players per hole would result in 72 players. If each player drove to the course, it would result in 72 spaces for a typical day. "Shotgun" golf tournaments at NBCC typically have 128 players, which would also be accommodated in the new parking lot. The residual spaces would be used by employees. Preliminary plans for the project also include a 3,034 sf dining room and a 2,567 sf banquet local to be located within the Clubhouse. These amenities may be available for residents of The Villas, The Bungalows, and members of the Tennis Club. The dining and banquet rooms may be available on a very limited basis for private events sponsored by a golf member. Parking rates for restaurants are at the discretion of the City Planning Director and vary by type and nature of the facility. According to the Newport Beach Zoning Code, restaurants have a parking rate between I per 30 sf and I per 50 sf for full- service restaurants, and 1 per 75 sf for full- service, small -scale restaurants. LSA utilized the one per 50 sf because it fell between the highest and lowest parking rates listed in the City Code. In addition, review of the ITE Parking Generation Manual shows that parking demand rates for a quality restaurant are 15.4 spaces per 1,000 sf, or 1 space per 65 sf. As a result, the parking rate of I space per 50 sf provides a more conservative estimate of parking demand for the dining and banquet rooms than that of the nationwide average. Based on this rate, 113 parking spaces would be required for the dining (61 spaces) and banquet (52 spaces) rooms for a typical day. 'file total maximum required parking for the Golf Course /Clubhouse, including the dining and banquet rooms, is 270 parking spaces. Per the project site plan, a total of 300 spaces will be provided for the Golf Course /Clubhouse as well as the dining and banquet rooms, resulting in a surplus of 30 spaces. 08/20/08 a P:MC060lTarAing Anakskdo ,, LSA ASSOCIATES, INC. Conclusion As discussed in the analysis and shown in Table A, 54 spaces will be provided for The Bungalows, with 22 spaces for The Villas, 38 spaces for the Tennis Club, and 300 spaces for the Golf Course and Golf Clubhouse, totaling 414 spaces. Based oil the analysis of each use discussed above, 344 parking spaces will be required. The project would provide 70 surplus spaces on site on a typical day. In addition to the on -site surplus, NBCC has a parking easement with the adjacent Corporate Plaza West office buildings to use the office parking on evenings, weekends, and holidays. This easement would provide an additional 554 parking spaces, 188 of which are adjacent to the Tennis Club. While it is not anticipated that these additional spaces would be required on a regular basis, the additional parking is available for use during large events at the Golf Course or Tennis Club, In the event that a large gathering occurs during weekday business hours, which would cause the parking supply to be exceeded on a typical weekday, or during the weekend (i.e., the Toshiba Classic Golf Tournament), a separate Parking Management Plan will be required to address off -site parking needs, LSA trusts this information will be useful in your planning efforts. If you have any questions, please call me at (949) 553 -0666. Sincerely, LSA ASSOCIATES, INC. 1/ Ken Wilhelm Principal cc: Leland Stearns, Stearns Architecture Byron de Arakal Jerry Johnstone, Adams - Streeter Attachments: Figure I: Site Plan Table A: Parking Requirement 08120 /08,,PANBC0601 \Narking Anal)sis.doca I t [u Ho /.� (�/ � of � , ✓ _; ----- ,-: f / IFS \ / `����../ /,.,a ✓� -' 1 Z a ID m 1 � CED W n u 3 II /I J 'I RRl u U � c b � 4 U V b O y 'I RRl u "I.., Ills, 111, Table A: Newport Beach Country Club Master Plan Parking Requirement 1 City of Nenport Beach Zoning Code, Chapter 20.66 Off- Street Parking and Loading Regulations, Berland Breakfast Inns. Spa, Pool, and Finns Area are only available for use by ❑wgaioo• guests and memhcrs of the Tennis Club, and therefore would not create additional parking demand, ' City of Nenporl Beach Zoning Code, Chapter 20.66 OB= Street Parking and Loading Regulations, Single Family Residential. City of Nelsport Beach Zoning Cade, Chapter 20.66 C)Mueel Parking and Loading Regulations, Tennis Chub °City of \export Beach Zoning Code does not contain parking rates for golfemses. Therefore, the parking rate scar referenced floor the Institute ofTransponation Ftgineers Paling Generation, 3rd lditi0n(2003). Land Use 430 -Golf Course. P % \nCWBParkin6 VPisleslsWeNv (2)(32L2003) Parking 1.1equirement Parking Lind Use j Units Per Unit 11 Spaces I Provided Bungalons, J 1 One Bedroom 1 22 DU 1 22 Two Bedroom 5 DU 2j 10� Additional spaces required by Code I I 2 34 Spa and Pool' IJ 1 7 20 Total Bungalows 34 54 Staphis for Bungatou's i 7 ZO Villas' 1 ! I A 1 I DU ( 21 21 3 B I DU 21 21 3 C t I DU ( 31111 31 6 D 1 DU 31 31 6 B I 1 DU 21 2j 4 Total Villas + 121 22 Stayhts for Villas I 10 Tennis Club 1 Tennis Courts° 1 7 Courts 41 28' 38 Sotphis for Tennis Club 1 10 Subtotal (Bungalows, Villas, and Tennis Club) 741 114 Subtotal 40 urse and Clubhouse° 18 Holes 8.681 1571 Room 3.034 TSF 201 61 j LBanquet Room 2.567 TSF 201 52j 300 l 2701 300 Subtotal t ! I30 Total Parking Required I I 344 Total Parking Provided 414 Total Parking Surplus 1 70 1 City of Nenport Beach Zoning Code, Chapter 20.66 Off- Street Parking and Loading Regulations, Berland Breakfast Inns. Spa, Pool, and Finns Area are only available for use by ❑wgaioo• guests and memhcrs of the Tennis Club, and therefore would not create additional parking demand, ' City of Nenporl Beach Zoning Code, Chapter 20.66 OB= Street Parking and Loading Regulations, Single Family Residential. City of Nelsport Beach Zoning Cade, Chapter 20.66 C)Mueel Parking and Loading Regulations, Tennis Chub °City of \export Beach Zoning Code does not contain parking rates for golfemses. Therefore, the parking rate scar referenced floor the Institute ofTransponation Ftgineers Paling Generation, 3rd lditi0n(2003). Land Use 430 -Golf Course. P % \nCWBParkin6 VPisleslsWeNv (2)(32L2003) Attachment No. PC 3 Kimley -Horn Traffic & Parking Evaluation Traffic and Parking Evaluation for Newport Beach Country Club Clubhouse / Tennis Improvement Project In the City of Newport Beach Prepared for City of Newport Beach August, 2009 © Kimley -Horn and Associates, Inc. TRAFFIC AND PARKING EVALUATION FOR NEWPORT BEACH COUNTRY CLUB CLUBHOUSE / TENNIS IMPROVEMENT PROJECT IN THE CITY OF NEWPORT BEACH Prepared for: City of Newport Beach Prepared by: Kimley -Horn and Associates, Inc. 765 The City Drive, Suite 400 Orange, California 92868 August, 200 TRAFFIC AND PARKING EVALUATION FOR THE NEWPORT BEACH COUNTRY CLUB CLUBHOUSE / TENNIS IMPROVEMENT PROJECT IN THE CITY OF NEWPORT BEACH TABLE OF CONTENTS LIST OF FIGURES FigureI — Proposed Site Plan ............................................................................ ..............................3 Figure — Proposed Improvements to Irvine Terrace ....................................... ..............................6 LIST OF TABLES Table I — Summary of Existing and Proposed Uses .......................................... ..............................2 Table 2 — Summary of Project Trip Generation ................................................. ..............................4 Table3 — Summary of Parking Rates ................................................................ ..............................7 Table 4 — Summary of Parking Required and Provided ................................... ............................... 8 TRAFFIC AND PARKING EVALUATION FOR THE NEWPORT BEACH COUNTRY CLUB CLUBHOUSE / TENNIS IMPROVEMENT PROJECT IN THE CITY OF NEWPORT BEACH INTRODUCTION This report has been prepared to provide a traffic and parking evaluation for the proposed Newport Beach Country Club Clubhouse and Tennis Improvement Project. Newport Beach Country Club (NBCC) is an existing private golf and tennis club located on East Coast Highway in the City of Newport Beach. The NBCC owner proposes to remodel the facility to remove or reduce the size of some of the site facilities, increase others, and to add residential and resort lodging components. Information for this report has been taken from the Newport Beach Country Club Planned Community District Plan (the PCD Plan), which provides details about the proposed changes to the NBCC site, and provides parking and development standards for the proposed project. This report will provide a review of the proposed changes to the site uses, site access, and on -site circulation; and will provide an estimate of the change in traffic generation that would result from the proposed site chances. This report will also provide an evaluation of the proposed parking standards and the adequacy of the parking supply. PROJECT DESCRIPTION Existing Project The Newport Beach Country Club is located on the north side of East Coast Highway; between Jamboree Road and Newport Center Drive, in the City of Newport Beach. The site is comprised of private golf club and tennis club facilities, totaling approximately 145 acres. The golf club portion of the site consists of an 18 -hole championship golf course, putting green, golf clubhouse, and golf accessory buildings. The clubhouse contains dining and drinking areas for members, a pro shop, and men's and women's locker rooms. Golf accessory buildings include a golf cart storage barn, a greens- keeper building, restroom facilities, a snack shack, and a starter shack. The tennis club portion of the site consists of a pro shop and lounge, locker rooms, and 24 tennis courts. NBCC Clubhouse / Tennis Improvement Project - 1 - August, 2009 Traffic and Parking Evaluation The primary access to the Newport Beach Country Club is provided via a drive aisle that connects to the end of Irvine Terrace, which in turn connects to East Coast 1-lighway (State Highway 1). Irvine Terrace also provides access to the adjacent Corporate Plaza West development. The intersection of Irvine Terrace at East Coast Highway is signalized. The main NBCC drive aisle (labeled Country Club Drive on the site plan) splits in both directions from the end of Irvine Terrace, with the drive aisle to the left leading to the main parking area in front of the golf clubhouse, and the drive aisle to the right leading to the parking for the tennis courts. On the far side of the tennis parking area is a driveway connection to Granville Drive, which provides a direct connection to Newport Center Drive. Parking for NBCC consists of a large surface parking lot in front of the golf clubhouse building with 420 parking spaces, and a surface lot adjacent to the tennis courts with 125 parking spaces. Proposed Project The proposed project involves the remodel or replacement of some of the site facilities, the removal of some facilities, and the construction of a number of new facilities. Upon completion, the site will consist of the 18 -hole golf course, 7 tennis courts, 27 rental bungalows, and 5 custom single - family homes. A copy of the proposed project site plan is provided on Figure 1. A summary of the existing site uses and the proposed site changes is provided on Table 1. TABLE 1 NEWPORT BEACH COUNTRY CLUB SUMMARY OF EXISTING AND PROPOSED USES Land Use Units Quantity Existing Proposed Change Golf Course 1 -toles 18 18 0 Tenn is Courts Courts 24 7 -17 Bungalows Rooms 0 27 27 Villas Dwel I ing Units 0 5 5 The site plan indicates that the project entry and circulation through the site will be modified, and the parking areas will be reconfigured. A total of 413 parking spaces will be provided to serve the new site uses. NBCC Clubhouse / Tennis Improvement Project - 2 - August, 2009 Traffic and Parking Evaluation 1� Q U ti0 d 0 rl V N EMS N ® C Z Q J CL W H D W U) W w O a D � d F a s PROJECT TRAFFIC Project Trip Generation Trip generation estimates for the proposed Newport Beach Country Club project were derived from the Institute of Transportation Engineers (ITE) Trip Generation, (8'h Edition) publication. Based on the existing and proposed land uses at the project site, four ITE Land Use Categories were used for this analysis: • Golf Course (Category 430), • Racquet / Tennis Club (Category 491), • Hotel (Category 310), and • Single - Family Residential (Category 210). The daily and peak hour trip generation rates used for each category are shown on Table 2. TABLE 2 NEWPORT BEACH COUNTRY CLUB SUMMARY OF PROJECT TRIP GENERATION Land Use ITE Code Unit Trip Generation Rates t AM Peak Hour PM Peak Hour Daily In Out Total In Out Total Golf Course 430 Hole 35.74 1.76 0.47 2.23 1.23 1.51 2.74 Tenn is Courts 491 Court 38.70 0.66 0.66 1.32 1.68 1.68 336 Hotel 310 Room 8.17 0.34 0.22 056 0.31 0.28 0.59 Single- Fwnily Residential 210 DU 957 0.19 0.56 0.75 0.640 0.370 1.01 Land Use Units Trip Generation Estimates Daily AM Peak FlourPM Peak Hour In Out Total In Out Total Existing Uses Golf Course 18 Holes 643 32 8 40 22 27 49 Tennis Courts 24 Courts 929 16 16 32 40 40 80 Total Trips - Existing Uses 1 ,572 48 24 72 62 67 129 Proposed Uses Golf Course 18 Holes 643 32 8 40 22 27 49 Tennis Courts 7 Courts 271 5 5 10 12 12 24 Hotel (Golf and Tennis Bungalows) 27 Rooms 221 9 6 15 8 8 16 Single - Family Residential (The Villas) 5 DU 48 1 3 4 3 2 5 Total Trips - Proposed Uses 1,183 47 22 69 45 49 94 Net New Trips -389 -1 -2 -3 -17 -18 -35 ' Source: Institute of Transportation Engi nee rs( ITE) Trip Generation publication (8th Edition) DU = Dwelling Unit NBCC Clubhouse / Tennis Improvement Project - 4 - August, 2009 Traffic and Parking Evaluation Trip generation for the existing and the proposed project uses are based on the land use quantities for each land use, as shown on Table 2. Trips generated by the existing land uses were calculated and subtracted from the trips that will be generated by the proposed development. Table 2 shows that with the removal of 17 tennis courts, and the addition of 27 hotel rooms (The Bungalows) and 5 custom homes (The Villas), the proposed Newport Beach Country Club project is estimated to generate 389 fewer trips per day than the existing uses, with 3 fewer trips in the morning peak hour, and 35 fewer trips in the evening peak hour. Since the proposed Newport Beach Country Club project will generate less daily and peak hour traffic than the existing development on the site, no analysis of the project's traffic impact on the surrounding street system is necessary. SITE ACCESS AND CIRCULATION The project site plan reflects proposed on -site changes to the main parking area in front of the Golf Clubhouse, including landscaping and beautification of the area, and minor changes to the site circulation. The site's access to the public street system at East Coast Highway (via Irvine Terrace) and at Granville Drive will remain. A copy of the proposed improvements on Irvine Terrace is provided on Figure 2. Irvine Terrace will be improved to provide a landscaped median, and will be striped to delineate two inbound lanes and two outbound lanes. It is recommended that the left -turn pocket at the intersection of E. Coast Highway be lengthened to provide a minimum of 100 feet plus the transition. Access to the golf clubhouse will be improved as follows: A new drive aisle with a drop -off area will be added to the front of the clubhouse. A second internal entry point to the main parking lot will be added at the northwest corner of the lot. The parking rows in the main body of the parking lot will be reconfigured to an east -west orientation, with access aisles provided on both ends of parking lot. Each of the drive aisles is shown to be 26 feet in width, which provides adequate room for circulation, turning, and backing for 90- degree parking spaces. e The secondary entrance to the golf course parking lot which is located immediately adjacent to the Irvine Terrace / East Coast Highway intersection, as well as the external drive aisle that runs parallel to East Coast Highway between the parking lot and East Coast Highway, will be eliminated, and the affected area will be incorporated into the parking area. O Pedestrian access from the golf course parking lot will be improved by a pedestrian walkway with enhanced paving through the center of the parking lot, connecting directly to the golf clubhouse. NBCC Clubhouse / Tennis Improvement Project - 5 - August, 2009 Traffic and Parking Evaluation J U N O �pr W �BJ 0 G IN d U 4) d F Cl C i me East Coast Highway 6- 0 C L 0 0 H N ® E v! z O U u. O 2 T _® Q J a U U N W W cl) O W 0 D 0 W e � LL 0 Qd 3 Fh 6 e h Access to the tennis area and new development will be improved as follows: • The drive aisle leading to the tennis area will be shifted slightly to the south (closer to East Coast Highway) to accommodate the new development. • A new access road and cul -de -sac will provide access to The Bungalows and to The Villas, which will be constructed on a portion of the area now developed with tennis courts. Parallel parking will be allowed along the road, but not on the cul -de -sac. • Small parking areas will be added by the tennis courts, tennis clubhouse, and bungalows, to provide convenient access for each of these uses. SITE PARKING The development standards in the Newport Beach Country Club Planned Community District Plan (PCD Plan) include parking requirements for each of the proposed site uses. A summary of the parking rates specified in the Planned Community District Plan, compared to the parking code requirements specified in the City of Newport Beach Zoning Code is provided on Table 3. TABLE3 NEWPORT BEACH COUNTRY CLUB SUMMARY OF PARKING RATES Land Use Parking Re uirement NBCC PCD Plan Newport Beach Zoning Code Golf Course 244 total As specified by the Planning Director Tennis Club 4 per court 4 per court Tennis Spa 4 per 1,000 Sl- 4 per 1,000 SP Bungalows (Bed & Breakfast) I per rental unit I per guest room, Plus 2 Villas(Single -Famil Residence) 2 covered and 2 off - street per home 2enclosed per Lill it As reflected on Table 3, the parking standards proposed in the PCD Plan are generally similar to the City's parking code requirements, with the exception of the parking requirement for the Golf Course. The PCD Plan has established a parking requirement of 244 parking spaces for the Golf Course and the Golf Clubhouse. The City's Zoning Code does not specify a parking rate for golf courses, but rather indicates that the parking requirement for "other commercial recreation uses" will be "As specified by the Planning Director ". NBCC Clubhouse / Tennis Improvement Project - 7 - August, 2009 Traffic and Parking Evaluation Although the PCD Plan does not provide a breakdown of how the 244 -space requirement was derived, it appears to be reasonable, based on the following analysis: The Institute of Transportation Engineers (ITE) Parkin! Generation publication contains parking rates for golf courses, based on empirical data collected at a number of golf course facilities, including 18 -hole golf courses. The ITE data indicates that the parking demand for an 18 -hole golf course ranged from 8.33 to 10.33 parking spaces per hole. The average of each of the peak parking demands for all golf courses studied was 8.68 spaces per hole. If the highest parking rate of 10.33 spaces per hole is applied, the parking requirement for the NBCC golf course would be 186 spaces (18 holes x 10.33 spaces per (tole = 185.9 spaces). Assuming a worst -case condition during golf course operations, 4 of the 10.33 spaces per hole would account for a foursome on every hole, if every golfer drove their own vehicle to the golf course. This would leave 633 spaces per hole for other people waiting for their tee time, plus people on the driving range, at the putting green, in the lounge, or in the restaurant. The parking requirement of 244 parking spaces suggested by the PCD Plan would provide an additional 58 spaces for parking demand that might occur above and beyond the 10.33 per hole (244 spaces required by the PCD Plan — 186 spaces required using ITE maximum rates = 58 additional spaces). A parking requirement of 244 spaces appears reasonable for the NBCC Golf Course and Clubhouse. The project site plan (Figure I, previously presented) indicates that a total of 300 parking spaces are proposed for the golf course parking lot. The parking required for all of the uses proposed for the NBCC project is summarized on Table 4. Based on the parking requirements established by the PCD Plan, the proposed site uses would require 341 parking spaces. TABLE4 NEWPORT BEACH COUNTRY CLUB SUMMARY OF PARKING REQUIRED AND PROVIDED Land Use Quantity Unit Parking Rate ' Parking Required Parking Provided Surplus (Deficit) Go If Course 18 Hole NA 244 300 56 Tennis Club 7 Court 4 28 58 8 Tennis Spa 5.56 KSF 4 22 Bungalows 27 Room 1 27 34 7 Villas 5 DU 4 20 21 1 Total 341 413 72 Source: Newport Beach Country Club Planned Community District Plan Development Standards NBCC Clubhouse / Tennis Improvement Project - 8 - August, 2009 Traffic and Parking Evaluation The project site plan indicates that a total of 413 parking spaces will be provided, resulting in a parking supply that exceeds the parking requirement by 72 spaces. Moreover, the parking supply provided specifically for each individual use exceeds the parking required for that use. Most notably, the golf course parking lot will provide 300 spaces, which exceeds the 244 -space requirement established by the PCD Plan by 56 spaces. The proposed parking supply of 413 spaces will be adequate to meet the day -to -day parking needs of the proposed NBCC project. In addition to the on -site parking supply, the site plan indicates that the NBCC has a parking easement with the adjacent Corporate Plaza West development. A parking analysis prepared for the NBCC project (Newport Beach Country Club Parking Supply Analysis, LSA, August 20, 2008) indicates that through this parking easement, an additional 554 parking spaces would be available to the NBCC in the evenings and on weekends and holidays, if needed for parking overflow during tennis and golf events. The parking analysis also indicates that in the event that a large gathering occurs during weekday business hours, which would cause the parking demand to exceed the parking supply on a typical weekday, a separate Parking Management Plan would be required to address off -site parking needs. NBCC Clubhouse / Tennis Improvement Project - 9 - August, 2009 Traffic and Parking Evaluation Attachment No. PC 4 Phasing Plan NBCC Planned Community PHASING PLANS Em I G•n caEEN J CART STORAGE I ISt iEE V-PA. E,g sti; T y� � v< 9TH b U GPEEEN III 4.� U PACTIG GPEEN EXISTINO ' COIF CEUOBOUSE t / a i 1.E - Lr7�T - ----- - - - - -- - - - - - / - -- HIGHWAY �— PACIFIC Co PST ��y e ao9\\ l cf Nl 9 eL .w' o " � Na,Ih TENNIS CLUB PHASEI - INSTALLATION • Temporary Modular Tennis Clubhouse LEGEND ❑ new building E] new sitework ❑ existing structures (on property) NBCC Planned Community s t e a r n 5 1 of ARCHITECTURE 500 Broadway Laguna Beach,CA 92657 949 376 7160 FAX 949 376 1560 May 25.2011 �O 1 i IH�1RT STORAGE \_l — i5i1? iEC� J� aq 9 0 QP �� \ \CFNTF\ \ 3` TENNIS CLUB PHASE I - DEMOLITION / IBC • Tennis Club building • 9 tennis courts - perimeter Tennis 2�[ Courtfence remains • Portion of Tennis Club parking lot (61 spaces removed, 61 remain) LEGEND r 7 Existing area to be demolished LJ F] Existing structures (on property) lit lt� It — I - PACIFIC COAST — -- - Planned Community - - -- - v — yhm O s t e a r n s ARCHITECTURE — 500 Broadway Laguna Beach,CA 92651 949 376 7160 FAX 949 376 1560 2of8 4 C� IRiF GREEN 0 Ism CART STORAGE 5F[En L TEr �`- C__ .Y 4 i tsv iEE PPACTICEI GREEN? i EXISTING GOLF CLUBHOUSE G � k i i i 'q�. � /<•� /fix \`�\ `I �\ 11 / x LL o i C -- COA ST PAC HIGHNI AY - - - -- —� -- - IFIC i F� 9r 9 _ _ _ - - - - - _ - - - 1 I - -. -__ -_ - - -- - . - -' - -- -- — Ej `1 ` � Nom TENNIS CLUB PHASE II - DEMOLITION • Remaining Tennis Club building • 3tennis courts • Portion of Tennis Club parking lot LEGEND r Existing area to be demolished ❑ Existing structures (on property) NBCC Planned Community s t e a r n s ARCHITECTURE 500 Broadway Laguna Beach,CA 92651 949 376 7160 FAX 949 376 1560 3of8 I� -GREEEE N \\Ie�eNf\J CAATSTOAAGE TH 1 -E THE VILLAS I 9TH \ GAE IEE TEE pgpCTIC GREEN EXISTING GOLF CLUBHOUSE n » C\ i i i i /Q TOME. TENNIS ACCESS C,ORDINATEO "ITn NEW ppRgqOAA..D CONSTRUCTION --- - - - - -- -- ______ __ - - - -= _ - _ - - �- A4N L/A ` �f / 0 � � Y sW N � F �P0 \ Cf Nl 9 PACIFIC COAST HIGHVNAY c i TENNIS CLUB PHASE II - CONSTRUCTION • The Villas -3 single family homes • private street from County Club Drive to The Villas LfikI • new Tennis Clubhouse & parking lots LEGEND new building new sitework ❑ existing structures (on property) NBCC pifr Planned Community No ^^ S t e a r n s ARCHITECTURE 500 Broadway Laguna Beach,CA 92651 949 376 7160 FAX 949 376 1560 Mey 26,1011 4of8 *i i i ian cREEEN TEE 1 GflEEY � `� I GflEEN I O i -- EXISTING coEF CwexousE FN J CARTSTORAGE i......... � - k�N aij— - -- - - -- -------- 0 FIC COAST HIGHWAY AlbL- WW 2P 4 , MOUSE AF 0 zs� , O No��n TENNIS CLUB PHASE III - DEMOLITION •3tennis courts • Remaining portion of old Tennis Club parking lot • Removal of Temporary Modular Tennis Clubhouse LEGEND r� Existing area to be demolished E] Existing structures (on property) NBCC Planned Community s t e a r n s ARCHITECTURE 500 Broadway Laguna Beach,CA 92651 949 376 7160 FAX 949 376 1560 5of8 a _J .rj igE CART STORAGE I1VV /� i III DIM IIWeF9 11 Noon TENNIS CLUB PHASE III - CONSTRUCTION • Center Court Area • Bungalow Pool LEGEND ❑ new building F-] new sitework L] existing structures (on property) NBCC Planned Community s t e a r n s 6of8 ARCHITECTURE 500 Broadway Laguna Beach,CA 92651 949 376 7160 FAX 949 376 1560 41 , �PRAI, 1E �FEE� �' i t8in I PEEN 0 EXISTING GOLF CLUBHOUSE CART STORAGE I1VV /� i III DIM IIWeF9 11 Noon TENNIS CLUB PHASE III - CONSTRUCTION • Center Court Area • Bungalow Pool LEGEND ❑ new building F-] new sitework L] existing structures (on property) NBCC Planned Community s t e a r n s 6of8 ARCHITECTURE 500 Broadway Laguna Beach,CA 92651 949 376 7160 FAX 949 376 1560 drivi, F��') ��—� REEry O �l i CARTGTORAGE ON! EXISTING GOLF CLUBHOUSE or RL f I II I:&9IIWeF9 ' e 41 11 \ X n 9TH iEE / PPPLiILE' GBEE' EXISTING GOLF CLUBHOUSE or RL f I II I:&9IIWeF9 ' e 41 11 \ X i s i i i i i o U_11J1�c'J�4 PACIFIC COAST HIG" ' F MOUSE a / 41 x rvo�n l jl TENNIS CLUB PHASE IV - DEMOLITION • 2 tennis courts • Perimeter tennis court fence in front of The Villas • Perimeter tennis court fence in front of The Golf Bungalows upon Phase IV substantial completion of The Golf Bungalows LEGEND c'l Existing area to be demolished E:] Existing structures (on property) NBCC Planned Community s t e a r 0 s 7of8 ARCHITECTURE 500 Broadway Laguna Beach,CA 92651 949 376 7160 FAX 949 376 1560 9TH V GPEEEN / 7 / \ I AEmcvEEXISTING FENCEANOCUR80P ( / AHNINfi WnLL \ ri Y \ i s i i i i i o U_11J1�c'J�4 PACIFIC COAST HIG" ' F MOUSE a / 41 x rvo�n l jl TENNIS CLUB PHASE IV - DEMOLITION • 2 tennis courts • Perimeter tennis court fence in front of The Villas • Perimeter tennis court fence in front of The Golf Bungalows upon Phase IV substantial completion of The Golf Bungalows LEGEND c'l Existing area to be demolished E:] Existing structures (on property) NBCC Planned Community s t e a r 0 s 7of8 ARCHITECTURE 500 Broadway Laguna Beach,CA 92651 949 376 7160 FAX 949 376 1560 J U, GAI -- ------- —� - - - - -- -- - - - -- ____ __ - - - - N v nI'1r PACIFIC COAST HIGHWAY F pP 4Q i \ \ \off OUSE cj X Noon TENNIS CLUB PHASE IV - CONSTRUCTION • new Golf Bungalows 13 boutique hotel units • new Tennis Bungalows 14 boutique hotel units • The Villas - 2 single family homes LEGEND ❑ new building ❑ new sitework ❑ existing structures (on property) NBCC Planned Community s t e a r n s ARCHITECTURE 500 Broadway Laguna Beach,CA 92651 949 376 7160 FAX 949 376 1560 TOM IBiF GPEEN O °p.[N CART STORAGE � I 7 Ir I y �A �1 } I r THE VILLAS C? L GFEEEN a / \\ iEE II CPPI� GAFEETl 'i I EXISTING GOLF CLUBHOUSE UULI- I -- - BIINGAL0Ws -� 1 C F "j' LL III a S 9 o COAST HIGHWAY PACIFIC TEN a PP 4Q At (HOUSE -IN W, A VK1% 0 s 50 1., \ No11n GOLF CLUB PHASE I - DEMOLITION • East side of existing Golf Clubhouse parking lot • Entry drive from PCH LEGEND Existing area to be demolished ❑ Existing structures (on property) NBCC Planned Community s t e a r n s ARCHITECTURE 500 Broadway Laguna Beach,CA 92651 949 376 7160 FAX 949 376 1560 1 of 8 r4N J ian \ 1 IBiF GflEEN 0 0 ( 1 CH G I cflE NG it II iEE I I E \GRELE� \ GflE EXISTING GULF CLUBHOUSE THE VILLAS IaTfl GFEEEN /I s NACN �/ sTANG J i C� �� o V AAA ///>�� TEMPORARY CART STUBAGE PAHMIM1G � f iC "0 = -- i i � � A k S �\ TEM yBB a �UNGAI FIC COAST HIGHWAY — M _ h \C PNT � F9 O 9 (HOUSE A 7-1% u� s E O No11n GOLF CLUB PHASEI - CONSTRUCTION • East side of Golf Clubhouse parking lot, restripe parking area at porte cochere • Entry drive from PCH LEGEND ❑ new building [—i new sitework E] existing structures (on property) NBCC Planned Community s t e a r n s 2of8 ARCHITECTURE 500 Broadway Laguna Beach,CA 92651 949 376 7160 FAX 949 376 1560 J t. 71 �iTT�r i i � � A k S �\ TEM yBB a �UNGAI FIC COAST HIGHWAY — M _ h \C PNT � F9 O 9 (HOUSE A 7-1% u� s E O No11n GOLF CLUB PHASEI - CONSTRUCTION • East side of Golf Clubhouse parking lot, restripe parking area at porte cochere • Entry drive from PCH LEGEND ❑ new building [—i new sitework E] existing structures (on property) NBCC Planned Community s t e a r n s 2of8 ARCHITECTURE 500 Broadway Laguna Beach,CA 92651 949 376 7160 FAX 949 376 1560 ian \ I GREEEE N �v �O EXISTING GOLF CLUBHOUSE -- %/ TEMPORARY \\ I °dim � I CART STORAGE � II CIA � `4 PARKING _ - C— 10 f i�1 'j➢1T 1I11T — — '' %J -v P CLUB S o , �I FIC COAST HIGHw AY lei r i \\ a \ \ P, TEN h \C PNT � F9 O 9 (HOUSE hZ.t u� e} No111 GOLF CLUB PHASE II - DEMOLITION • West side of Golf Clubhouse parking lot LEGEND r-R Existing area to be demolished E] Existing structures (on property) NBCC Planned Community s t e a r n 7 3of8 ARCHITECTURE 500 Broadway Laguna Beach,CA 92651 949 376 7160 FAX 949 376 1560 } CHIP(ING THE VILLAS `1 ii IBTR GFEEEN /I s NACN �/ sTANO < / iEE FRACTICEI C GFE UREE V; EXISTING GOLF CLUBHOUSE -- %/ TEMPORARY \\ I °dim � I CART STORAGE � II CIA � `4 PARKING _ - C— 10 f i�1 'j➢1T 1I11T — — '' %J -v P CLUB S o , �I FIC COAST HIGHw AY lei r i \\ a \ \ P, TEN h \C PNT � F9 O 9 (HOUSE hZ.t u� e} No111 GOLF CLUB PHASE II - DEMOLITION • West side of Golf Clubhouse parking lot LEGEND r-R Existing area to be demolished E] Existing structures (on property) NBCC Planned Community s t e a r n 7 3of8 ARCHITECTURE 500 Broadway Laguna Beach,CA 92651 949 376 7160 FAX 949 376 1560 ian \ 1 IBiF GflEEN °O C P CHIP ING GHE it II iEE I I E \GRELE� \ GflE EXISTING GULF CLUBHOUSE ,F }'y N, J I CABTSTOBAGE II GOLF CLUBHOl15 Z J \ j - - - -- - - �-Iq 2 11 THE VILLAS IH GHEETH EN /II s NACN �/ stT- A�NG�j TEMPORARY PARKING CLUB ULULLLULLL II 1 L 4 — — — — — " — — — _ — — — r ms cy \\ a \ \ P, TEN ZDDQ p ACIFIC COAST HIGHWAY - - \C PNT � F9 0 9 (HOUSE A 7-1% Cry u� a No,1n �\ 7 GOLF CLUB PHASE II - CONSTRUCTION • West side of Golf Club parking lot • Temporary Golf Clubhouse LEGEND new building new sitework ❑ existing structures (on property) NBCC Planned Community s t e a r n s 4of8 ARCHITECTURE 500 Broadway Laguna Beach,CA 92651 949 376 7160 FAX 949 376 1560 1 HIP ING cHE e. i IZ 1 IL THE VILLAS _ Rah \ I GHEEEN I TEE 1 sNAL� � GEN E RE f / 1 GR REEEE N (/ O FxlsnNc — 1— cGEFCwanGUSE ANY PARMI isv� t?m CART STORAGE GOLFCLUBHp — Ensxcv GULF L11 'ONUS r� IF RV CLUB Ib RF � J—� — 111 � — ms Y ,r i ,G TEN PACIFIC COAST HIGHw" a h P 12 (HOUSE al w� x GtT 0 zs� O NoIln GOLF CLUB PHASE III - DEMOLITION • Golf Clubhouse LEGEND r-T Existing area to be demolished [_] Existing structures (on property) NBCC Planned Community s t e a r n s 5of8 ARCHITECTURE 500 Broadway Laguna Beach,CA 92651 949 376 7160 FAX 949 376 1560 11 ian� �I \J iEE - PPACTI[ GOLF CLUBHOUSE ..: GGEEry ISin �' GPEEN � ?TI All speim CARTSTORAGE GOLF CLUBHO 1 HIP ING ccE THE VILLAS (UREEEN \ l� \ SNACK \\ STAND PG nN. IGcEEry ll k xr cEUe v ^.. ,o T11 T QI._ \1�— - - -- ms �1w o , pACI FIC COAST HIGHWAY \\ a TEN h P 09J- V� - '... \ CFtirF IHOUSE hZ.Ar A VK1% u� GOLF CLUB PHASE III - CONSTRUCTION • Golf Clubhouse LEGEND \' ❑ new building ❑ new sitework existing structures (on property) No11n NBCC Planned Community s t e a r n s ARCHITECTURE 500 Broadway Laguna Beach,CA 92651 949 376 7160 FAX 949 376 1560 F E _ mmn \ TEE - _ l 11E GOLF CLUBHOUSE �,ED, PEEN w I rzn CAGTSTOGAGE GOLF GyOO Cr') �T�nII 1 HIP ING CBE "T B � ca IN i0p, C S f THE VILLAS VI \� \\ GFEEEN SNACK STANK 11T1"lll euTrirvc BBEEry 29 ✓ CLUB cy V 4 CFA GOLF CLUB PHASE IV - DEMOLITION • Portion of Greenskeeper Area *Temporary modular Golf Clubhouse • Northern portion of Golf Clubhouse parking lot J f % o / h LEGEND h \ r -DExisting area to be demolished Existing structures (on property) T E f C HOUSE 0. " t TENNIS °UNGALOW , l l / % x g FIC C � � — — Y - - - -_ - -- __ OAS -_ NBCC - - Planned Community 0 eaW'dEMM O 111^ s t e a r n s 7 of 8 ARCHITECTURE 500 Broadway Laguna Beach, CA 92651 949 376 7160 FAX 949 376 1560 _C "I Fr TEE \ TEE \ \ to \- EE GOLF CLUBHOUSE �Etn GflEEN \v � pEEN J ( 1 CH G I cflE NG PPACTIC GflEEN THE VILLAS �� pTfl cflEEEN s NAC� J 1 PNTTINC BPEEN F! 29 ✓ CLUB ms cy �1w \\ a TEN ZDDQ PACIFIC COAST HIGHWAY — —— \C PNT � F9 0 9 (HOUSE 7-1% A No11n GOLF CLUB PHASE IV - CONSTRUCTION • Portion of Greenskeeper Area • golf porte cochere & parking LEGEND new building new sitework ❑ existing structures (on property) NBCC Planned Community s t e a r n s ARCHITECTURE 500 Broadway Laguna Beach,CA 92651 949 376 7160 FAX 949 376 1560 ML•3 Attachment No. PC 5 Initial Study /Mitigated Negative Declaration (Not included in the staff report package due to their size and bulk) CITY OF NEWPORT BEACH ° 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658 -8915 (949) 644 -3200 ilotice of to Adopt 1 • To: From: Office of Planning and Research City of Newport Beach Planning Department 2 State Clearinghouse 3300 Newport Boulevard P.O. BOX 3044 P.O. Box 1768 Sacramento, CA 95812 -3044 Newport Beach, CA 92658 -8915 County Clerk, County of Orange 10 Public Services Division Date: 9/16/2010 Santa Ana, CA 92702 Public Review Period: 30 days (September 20, 2010 to October 19, 2010) Project Name: Newport Beach Country Club (PA 2005 -140) Project Location: 1600 — 1602 East Coast Highway, Newport Beach, CA 92660 Demolition of the existing tennis and golf clubhouses and the construction of a new tennis clubhouse (3,735 square feet) and golf clubhouse (35,000 square feet) and Project Description: ancillary facilities (i.e., cart barn). The applicant is also proposing to construct 27 "Bungalows ") short-term visitor - serving units ( and Bungalow spa/fitness area and concierge and guest meeting facilities; and five single - family residential dwelling units "Villas" on the subject property. Finding: Pursuant to the provisions of City Council K -3 pertaining to procedures and guidelines to implement the California Environmental Quality Act, the City of Newport Beach has evaluated the proposed project and determined that the proposed project would not have a significant effect on the environment. A copy of the Initial Study containing the analysis supporting this finding is 0 attached ❑ on file at the Planning Department. The Initial Study may include mitigation measures that would eliminate or reduce potential environmental impacts. This document will be considered by the decision- maker(s) prior to final action on the proposed project. If a public hearing will be held to consider this project, a notice of the time and location is attached. Additional plans, studies and /or exhibits relating to the proposed project may be available for public review. If you would like to examine these materials, you are invited to contact the undersigned. If you wish to appeal the appropriateness or adequacy of this document, your comments should be submitted in writing prior to the close of the public review period. Your comments should specifically identify what environmental impacts you believe would result from the project, why they are significant, and what changes or mitigation measures you believe should be adopted to eliminate or reduce these impacts. There is,no fee for this appeal. If a public hearing will be held, you are also invited to attend and testify as to the appropriateness of this document. If you have any questions or would like further information, please contact the undersigned. Planner, Title Contact No. Email Date Rosalinh Un ,Assoc. Planner 949 644 -3208 rung@newportbeachca.gov September 16, 2010 Updated 01 -12 -10 CADocun\ents and Settiggs\My Files \KKC- 01 17.NB COUNTRY CI.IIB \Final Initial Study \NOI.City ofNB.doc NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 1 CITY OF NEWPORT BEACH ENVIRONMENTAL CHECKLIST FORM 1. Project Title: Newport Beach Country Club Planned Community (PA2005 -140) 2. Lead Agency Name and Address: City of Newport Beach Planning Department 3300 Newport Boulevard, Newport Beach, CA 92658 -8915 3. Contact Person and Phone Number: Rosalinh Ung, Planning Department Rung @newportbeachca.gov (949) 644 -3208 4. Project Location: 1600 -1602 East Coast Highway Newport Beach, CA 5. Project Sponsor's Name and Address: Byron de Arakal 180 Newport Center Drive, Suite 219 Newport Beach, CA 92660 6. General Plan Designation: MU -H3 (Mixed Use Horizontal) PR (Parks and Recreation) 7. Zoning: Newport Beach Country Club Planned Community 8. Introduction: The subject property is currently occupied by the Newport Beach Country Club (the "Golf Club ") and The Tennis Club formerly known as the Balboa Bay Racquet Club (the "Tennis Club "), which are located within the Newport Beach Country Club Planned Community (PC) District that was adopted in 1997 by Ordinance No. 97 -10. The Tennis Club and the Golf Club facilities total approximately 145 acres. The adopted Land Use Element designates the Tennis Club site as Mixed Use — Horizontal 3 (MU -1­13). The Golf Club is designated as Park and Recreation (PR). The applicant is proposing a Planned Community Text adoption, Transfer of Development Rights, Vesting Tentative Tract Map, Coastal Development Permit, and Development Agreement to implement the proposed project. A PC District Text was not adopted when the PC District zoning was adopted in 1997. The proposed Planned Community Text is intended to provide for the classification and development of parcels of land as a coordinated, cohesive, comprehensive large -scale planning project as set forth in Chapter 20.35.010 of the Newport Beach Zoning Code. The proposed Planned Community Text allows for limited mixed uses, including the private Tennis Club, the private Golf Clubhouse, "The Bungalows" (a small boutique hotel consisting of twenty - seven short -term visitor - serving units, a spa /fitness area, and concierge and guest meeting facilities), and the Villas consist of five single -unit, semi - custom residential dwelling units. 9. Project Description: Project Location The subject property (refer to the Vicinity Map), encompasses approximately 145 acres adjacent to Fashion Island in the City of Newport Beach. The site is generally bordered by East Coast Highway on the south, Jamboree Road on the West, Santa Barbara Avenue and Newport Center on the north, and Corporate Plaza West on the east and south. NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 2 Existing Improvements The Tennis Club presently consists of 24 tennis courts, a 3,725 square foot Tennis Clubhouse, and 125 surface parking spaces. The Golf Club presently consists of a 6,587 -yard, championship 18 -hole golf course with returning nines and related practice and golf club facilities, a 23,460 square foot Golf Clubhouse, golf cart storage barn (6,050 square feet), a greens keeper building (2,010 square feet), men's and women's restroom facilities (630 square feet), a 180 - square foot snack bar, and 140 - square foot starter shack. The Golf Clubhouse parking lot is located directly off East Coast Highway and includes 420 surface parking spaces. Exhibit 1 illustrates the existing improvements. Proposed Improvements The demolition of the existing Tennis Clubhouse and Golf Clubhouse; The construction of new Tennis Clubhouse and Golf Clubhouse; The construction of The Bungalows (a small boutique hotel consisting of twenty -seven short -term visitor - serving units, a spa /fitness area, and concierge and guest meeting facilities)'; and The construction of The Villas (five single - family residential dwelling units). Table 1 provides a summary of the proposed project. 'All references to the "Bungalows' mean the small boutique hotel consisting of twenty -seven short-term visitor - serving rental units, a spa /fitness area, and concierge and guest meeting facilities. ,*lot a� �F a �o /VC ^ e G a S e F� 3 yryM[if�l N W m� LL � o H t y Shy WWa 26 •a �� ,*lot a� �F a �o /VC ^ e G a S e F� 3 yryM[if�l NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 4 Table 1 Summary of Proposed Uses The Golf Club and The Tennis Club Existing Project Proposed Prajeot Golf Clubhouse Component Floor Area (sq. ft.) Component Floor Areas . ft. 1s Floor Clubhouse 20,702 15 Floor Clubhouse 18,069 2" Floor Clubhouse 2,758 2"u Floor 16,931 Total 23,460 Total 35,000 Cart Barn 6,050 Cart Storage 5,834 Snack Bar 180 Snack Bar 180 Restroom Facilities 630 Restroom Facilities 630 Greens Keeper 2,010 Greens Keeper 2,010 Starter Shack 140 Starter Shack 140 Total 32,470 j Total 43,794 Tennis Clubhouse & Courts Component Floor Area sq. ft.) Component Floor Area (sq. ft.) —13F-Floor Clubhouse 3,725 15 Floor Clubhouse 3,725 24 Courts 7 Courts Total 3,725 Total 3,725 Bungalows Component Floor Area sq. ft. Component Floor Areas . ft. 13 Golf Bungalows N/A 14 Tennis Bungalows N/A Spa 7,490 Concierge & Guest Meeting Facility 2,170 Total 9,666' Villas Component Floor Area (sq. ft. Component Floor Area (sq. ft. 5 SFR N/A Total N/A Building Heights Component Height (ft.) Component Height ft. Golf Clubhouse 23' -9" Golf Clubhouse 50 Tennis Clubhouse Tennis Clubhouse 30 Villas 35 Bungalows 31 Cart Barn 12' -0" Greens Keeper 18' -0" Greens Keeper 18' -0 'Exempt from General Plan Development Limit – Ancillary to Golf Course 2Exempt from General Plan Development Limit – Ancillary to Hotel use NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 5 Each of the project components proposed for the Property is illustrated on Exhibit 2 and described below. Tennis Clubhouse and Center Court The Tennis Club portion of the project proposes seven tennis courts, six of which are existing, plus a new stadium center court and construction of a new Tennis Clubhouse (3,725 square feet). The existing Tennis Clubhouse is approximately 3,725 square feet with 24 tennis courts. Thirty - eight (38) parking spaces are provided for the Tennis Clubhouse. The Bungalows As noted above, the proposed Bungalows consist of a small boutique hotel comprised of twenty - seven (27) short -term visitor - serving units, a Concierge & Guest Meeting Facility, and The Bungalow Spa. A total of 50 parking spaces is proposed for the Bungalows. The Villas Five (5) single - family residential dwelling units will be constructed adjacent to the Tennis Club and 9" green of the golf course. These dwelling units will range in size from 2,201 square feet (Plan A) to 5,297 square feet (Plan D). Twenty (20) parking spaces are proposed to accommodate The Villas. Golf Club Parking Lot and Private Hand Car Wash The Golf Club Parking Lot and Entry will be redesigned to provide 300 on -site parking spaces. In addition, an existing offsite Parking Agreement will continue to provide 554 parking spaces to supplement the onsite Golf Club parking. The access easement that exists along the frontage of PCH will be eliminated. In addition, a private hand car wash is also proposed within the parking lot in the vicinity of Country Club Drive (refer to Exhibit 3). The area identified to accommodate this project feature encompasses approximately 240 square feet (i.e., 12 feet wide and 20 feet long). Use of the private hand car wash is limited to tennis and golf club members only. Golf Clubhouse The existing Golf Clubhouse will be demolished and a new Golf Clubhouse encompassing 40,834 square feet, including banquet/event facilities that can accommodate dining and special events (e.g., weddings, banquets, etc.), will be constructed in its place. This clubhouse will include both men's and women's locker rooms. IZC J- r i .4 i, m - �� o W - N,a ?u 0 t 3§ m a •� aE U 7 G N 2'm .2 q m = lb • V Z — XIS �_ .a is Wi IZC J- r i .4 i, R X I I I ^ 1 I I I m � m Q i 0 / Z w Q _ (r 0 Q Z° w m � z d I I I ^ 1 I I I NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 8 Project Phasing — Tennis Club The Tennis Club component of the proposed project will be implemented in four (4) construction and demolition phases that are anticipated to occur over a period of approximately 38 months. The demolition and construction activities of the Tennis Club component of the proposed project are identified and described in Table 2. Table 2 Tennis Club Development Phasing The phasing plans for the Tennis club are related facilities are illustrated in Exhibit 4 through 10. Duration Phase Description (Months 1 Construct Temporary Modular Clubhouse 1 Demolition 1 Construct The Villas (3), Private Street, New Tennis 2 Clubhouse and Parkin Lots 14 Demolition 1 3 Construct Center Court and Bungalow Pool 3 Demolition 1 4 Construct Golf and Tennis Bungalows and Remaining Villas 15 _ Total Schedule 36 'Anticipated Start date is September 2011. SOURCE: The Templeton Planning Group (July 2010) The phasing plans for the Tennis club are related facilities are illustrated in Exhibit 4 through 10. a 0 a 0 O m a = � J U 1' r U 2 � W _ o E a W i • U W I a 0 a 0 f z = C E U � d I 0 U C U C � m T 5 1 h i �♦ I I �� �. • ...LLL...�JJJr 4' [ 1 � ���,i\�?Z..•�4\�I � I III' *. Ilj• O e o 2 Q tl W inn f z = C E U � d I 0 U C U C � m T 5 1 h i �♦ I I �� �. • ...LLL...�JJJr 4' [ 1 � ���,i\�?Z..•�4\�I � I III' *. Ilj• E z Z X it 11 40 in y Ii i i .i 1 J H\ ii += o n ^ o v c � 0 2 �� �. • �� U m pp 2 W k� i € �' o N v Z'� �� Z • a y Ii i i .i 1 J H\ ii a � D p y L O O C m m a C W W m h • W w� H _ w •7 �J O C L O1 -J � � IP u e5 S a e - _ a E � v yRy C N H 'c W~ 6 J � LI Z1 •Q P• .� r yyf> , W • H � 1 Tel a� r-- 1� I 1911 i i M — CO U /� 2 O v • t iJR'j •i Z to _ W � � • f..l Y V �. Q W� a co c o z a • a flS � onn 6 s� W � N Z_ Z r, W F� U t N S H .. )ter' � � � W � _. I •; j„ l i 1 m N o Z z E p i N W F •• V �[ W � 1 IJ u1 ul � • < Pi . I I J r =S. V lO _ 1 1 V .r y YM1�� T Y ICI f' I' n, e. � ux.11, �!'• c� N NO za z� �z 1 11 f� 4 1 t (, _II1 I k 101 r i'• N" z 0 6 _ '~ P �� r a �� m b u G U • F �'� ;Q Z ywy rxJ6x6 c � 'o y "„ r O s' 'x6nx � w • x j�,J� a ra �� W6- � ��❑ 2a c� N NO za z� �z 1 11 f� 4 1 t (, _II1 I k 101 r i'• N" �i c� N NO za z� �z 1 11 f� 4 1 t (, _II1 I k 101 NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 16 Project Phasing — Golf Clubhouse The Golf Clubhouse component of the proposed project will be implemented in four (4) discrete development phases. Although a definitive schedule has not been developed, demolition and construction of this component are anticipated to occur over a period of approximately 34 months, as described in Table 3. Table 3 Golf Clubhouse Development Phasing The phasing plans for the Golf club are related facilities are illustrated in Exhibit 11 through 18. Duration Phase Descri tion (Months) 1 Demolition 1 Construct East Side Parking Lot and PCH Entryz 4 Demolition 1 2 Construct West Side Parking Lot and Temporary Golf Club 6 3 Demolition 2 Construct New Golf Clubhouse 14 Demolition 2 4 Construct Greenskeeper Area and Golf Porte Cache and Parkin _ 4 Total - Schedule. _ 34 'Start date to determined. 2Includes car wash. SOURCE: The Templeton Planning Group Jul 2010 The phasing plans for the Golf club are related facilities are illustrated in Exhibit 11 through 18. e m = 3i o za v �z r I � _ m Z w a� E • ? yyk U 8� a - Uc •1 ■= U c Y V pi■�[ i1 •a Yli 0 i t v z u E U 0 0 G a a w wl o a W 6 e m = 3i o za v �z r I � _ m Z w a� E • ? yyk U 8� a - Uc •1 ■= U c Y V pi■�[ i1 •a Yli 0 i v z u E v 0 0 G a a w wl e m = 3i o za v �z r I � _ m Z w a� E • ? yyk U 8� a - Uc •1 ■= U c Y V pi■�[ i1 •a Yli 0 i J;r 2O 2z m 2a ; m � 5 S o� of m r_ 40. i �I� Cm m � o Z O C O 0 L W 6 g rc II� ° o (V c E u '� o Y • a Et 666 Wto y SCI❑ 26 • a J;r 2O 2z m 2a ; m � 5 S o� of m r_ 40. i �I� N a � ry) J yam, J V � LL Q N W N c° U L O co G m o N 3� a H 0 E° a q E �V A ril U r W F m= r: E ra a� 1' I' rv. 19L■ ,T y, j I 5 � i m n L n n a b G u O n' T W m u u ❑1❑ O a 0 r T E �v 2 0 $ 'o V r U U � j �O n Y is w d 3 L n n a b G u O n' T W m u u ❑1❑ s I � q yi 3 O U N � 2 3 m S H G �a 1 I I O a Z r T E �v u T U c Y is •a 9[ � s I � q yi 3 O U N � 2 3 m S H G �a 1 I I yf: 11 i �S 1 h W? o< p N V 2 3 m W •� F / i 1 J 6 � 1 1 �11. 2 F t p �o E v _ N • W '� LO o S- Y u" i'J u'S u'S m w� • 4 �� yf: 11 i �S 1 h W? o< p N V 2 3 m W •� F / i 1 J 6 � 1 1 �11. s I e I. �f •` I is 0�f � M I FE ig W lij 1 'Ise yl I II I r � c1 m 0 m Z O o o y F, _ ■W ■ � 3 F �c a A � w � 0! a � 3 e�/ ■x � 0y W Co 6 u ■O❑ z� ■ a 9� s I e I. �f •` I is 0�f � M I FE ig W lij 1 'Ise yl I II I r � c1 a w O E 0 r d 3-'•� m o N m H a r {J � U u V ai ai � $ • 4 �� = 1` _I I5 A V 117 u O E o o r a �s x Wt9 6 2 a a w O E 0 r 3-'•� N m H • w �, u V ai ai � $ • 4 �� QN J J h i.i 3-'•� w' y _I I5 :F n m m 0 v • S N � � O a d � q C O � p U y n E co C m � d � O a x a a LIJ n m m 0 0 • S N � C rIX • V C O � p p • U c y W 0. m cd w U y U m? W� m "3 3 U m 0 2Q w O r 2 m jj np W a g m N O_ m O L'i I NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 25 Discretionary Approvals Implementation of the proposed project will require approval of the following discretionary approvals by the City of Newport Beach: Planned Community Text Adoption Transfer of Development Rights Approval -in- Concept for Coastal Development Permit Vesting Tentative Tract Map (Tennis Component) Development Agreement Temporary Use Permit 10. Surrounding Land Uses and Setting: East Coast Highway abuts the site along a portion of the southern property boundary. In addition, the Armstrong Garden Center and residential homes are also located along the southern property boundary. Residential development west of Granville Drive and office buildings are located east and southeast of the site, respectively. The Marriott Hotel is also located east of the golf course. Jamboree Road and residential development are located along the western property limits. The Newport Beach Chamber of Commerce, Santa Barbara Drive, residential development and the Newport Beach Fire Department are located to the north. LOCATION GENERAL PLAN ZONING CURRENT USE NB Country Club, including golf ON -SITE PR and MU -H3 PC -47 course, clubhouse and tennis _ facilities Newport Beach Chamber of Commerce, Jamboree Road, NORTH PF, OS and RM APF, GEIF Santa Barbara Drive, residential development and Newport Beach Fire Department Armstrong Garden Center, SOUTH RS -D and PR PC -30, R -1 residential, office development anI East Coast Highway PC -40, RMD, APF, PC- Marriott Hotel, office EAST CO -G, RM, CV, CO -R 54 development, and residential development WEST OS, PF, CV, and RM PC -21, PC -41 Residential development and Jamboree Road 11. Other public agencies whose approval is required: California Coastal Commission (CDP) California Regional Water Quality Control Board (Section 401 Permit) NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 26 VICINITY MAP f NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 27 GENERAL PLAN z ROW ° 49 P1 48 .. RS-D i SqN �EMEN7E ,245 DU ' 40 MU -H3 .53 c 41 n 0 D U 42 A 5 ?2 DU �Q 74R X43 1P� 5.ts 120 DU q� m R M 228 DU Du LPL' o °per LL v z tiW1E 00 �1 l R y ONE TER r -- r CG 0.1 R 35 x 36 720 ay 46 4p.� - . , . c MU -H3! z F (40 s 0 T. Q S� 9��r�i qSp C O -G F Z e9y RFti F<<q ' Al 45 34 C O -R I Ti RT a� PC-41 - PC -21 RSC h J O v PC -39 v v PC -30 _ 4 l'r J` 80 lE 00 40R _- i OME rFR NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 28 PC-47 l // yi4, , l RMC f /�,R- // S W 91 i Z 9y. L° _'L PC -19 PC-40 D D %A Int if s NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 29 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. ❑ Aesthetics ❑ Agricultural Resources ❑ Air Quality ❑ Biological Resources ❑ Cultural Resources ❑ Geology & Soils ❑ Greenhouse Gas ❑ Hazards & Hazardous Materials ❑ Land Use & Planning ❑ Hydrology & Water Quality ❑ Mineral Resources ❑ Noise ❑ Population & Housing DETERMINATION On the basis of this initial evaluation: ❑ Public Services ❑ Recreation ❑ Transportation /Traffic ❑ Utilities & Service Systems ❑ Mandatory Findings of Significance I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ❑ I 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. M I find that the proposed project MAY have a significant effect on the environment, and ENVIRONMENTAL IMPACT REPORT is required. ❑ I 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. ❑ I 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, nothip�er is required.^ / ❑ by: Rosalinh Ung, 63I16f 10 Planner Date V-X�JI/ q,16.10 Prepared by: Keeton K. Kreitzer, Consult t I Date Keeton Kreitzer Consulting NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 30 CITY OF NEWPORT BEACH ENVIRONMENTAL CHECKLIST Less Ihan Less than No Significant With Significant Impact Mitigation Impact Incorporated I. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? ❑ ❑ 0 ❑ b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within ❑ ❑ Q ❑ a state scenic highway? C) Substantially degrade the existing visual character or quality of 11 El ❑ 11 b) the site and its surroundings? El El El EI d) Create a new source of substantial light or glare which would El 11 RI El C) adversely affect day or nighttime views in the area? II. AGRICULTURE AND FOREST 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 ❑ ❑ ❑ Q Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson El El El EI Act contract? C) Conflict with existing zoning for agricultural use, or cause the rezoning of, forest land (as defined in Public Resources Code Section 12220(g)), timberland (as defined by Public Resources El E] 11 Code Section 4526), or timberland zoned Timberland Production (as defined by Government Code Section 51104(g))? d) Result in the loss of forest land or conversion of forest land to non - forest use)? ❑ ❑ ❑ Q e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, ❑ 171 El to non - agricultural use or conversion of forest land to non - forest use? III. AIR QUALITY. Would the project: a) Conflict with or obstruct implementation of the applicable air ❑ ❑ 0 El plan? NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 31 rocenoany Less inan Less man NO Significant Significant With Significant Impact Impact Mitigation Impact Incorporated b) Violate any air quality standard or contribute to an existing or ❑ 13 Q El projected air quality violation? sensitive, or special status species in local or regional plans, ❑ ❑ ❑ Q G) Result in a cumulatively considerable net increase of any and Game or U.S. Fish and Wildlife Service? b) criteria pollutant for which the project region is non - attainment other sensitive natural community identified in local or regional 1:1 El El Q under an applicable federal or state ambient air quality ❑ ❑ Q ❑ C) standard (including releasing emissions which exceed as defined by Section 404 of the Clean Water Act (including, but El El ❑ Q quantitative thresholds for ozone precursors)? removal, filling, hydrological interruption, or other means? d) Expose sensitive receptors to substantial pollutant El El or migratory fish or wildlife species or with established native ❑ concentrations? native wildlife nursery sites? e) Create objectionable odors affecting a substantial number of El El El Q people? f) Conflict with the provisions of an adopted Habitat Conservation 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, ❑ ❑ ❑ Q 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 1:1 El El Q 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 El El ❑ Q 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 ❑ ❑ El Q 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 ❑ ❑ ❑ Q ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved ❑ ❑ ❑ Q local, regional, or state habitat conservation plan? V. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of a El El El Q historical resource as defined in §15064.5? NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 32 Potentially Less Than Less than No Significant Significant With Significant Impact Impact Mitigation Impact Incorporated b) Cause a substantial adverse change in the significance of an El 11 Q archaeological resource pursuant to §15064.5? El C) Directly or indirectly destroy a unique paleontological resource ❑ ❑ Q ❑ or site or unique geologic feature? d) Disturb any human remains, including those interred outside of El 11 El R1 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: 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 ❑ ❑ Q ❑ other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? ❑ ❑ 0 ❑ iii) Seismic - related ground failure, including liquefaction? ❑ ❑ ❑ 2 iv) Landslides? ❑ ❑ ❑ 21 b) Result in substantial soil erosion or the loss of topsoil? ❑ 21 ❑ ❑ 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 ❑ Q ❑ ❑ 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 ❑ Q ❑ ❑ or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where ❑ ❑ ❑ D sewers are not available for the disposal of waste water? VII. GREENHOUSE GAS EMISSIONS. Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the ❑ ❑ Q ❑ environment? b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? ❑ ❑ 21 ❑ NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 33 Significant With Significant Impact Mitigation Impact Incorporated VIII. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the environment through routine transport, use, or disposal of hazardous ❑ Q ❑ materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions El ❑ 0 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 ❑ ❑ Q mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites which complied pursuant to Government Code El ❑ El 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 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 private airstrip, would the project result in a safety hazard for people residing or working ❑ ❑ ❑ in the project area? g) Impair implementation of or physically interfere with an adopted El 11 emergency response plan or emergency evacuation plan? El 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? IX. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards or waste discharge El El R] requirements? 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)? El Ci Lo ro—I A u n NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 34 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? 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? 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? f) Otherwise 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? h) Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? 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? k) Result in significant alteration of receiving water quality during or following construction? 1) Result in a potential for discharge of stormwater pollutants from areas of material storage, vehicle or equipment fueling, vehicle or equipment maintenance (including washing), waste handling, hazardous materials handling or storage, delivery areas, loading docks or other outdoor work areas? M) Result in the potential for discharge of stormwater to affect the beneficial uses of the receiving waters? n) Create the potential for significant changes in the flow velocity or volume of stormwater runoff to cause environmental harm? o) Create significant increases in erosion of the project site or surrounding areas? X. LAND USE AND PLANNING. Would the proposal: a) Physically divide an established community? Potentially Less Than Less than No Significant Significant With Significant Impact Impact Mitigation Impact Incorporated ❑ ❑ Q ❑ ❑ ❑ Q ❑ ❑ ❑ Q ❑ ❑ ❑ Q ❑ ❑ ❑ ❑ Q ❑ ❑ ❑ Q ❑ ❑ ❑ Q ❑ ❑ Q ❑ ❑ ❑ Q ❑ ❑ ❑ Q ❑ ❑ ❑ Q ❑ ❑ ❑ Q ❑ ❑ ❑ Q ❑ ❑ ❑ ❑ Q NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 35 vorenuany Less I nan Less than No Significant Significant With Significant Impact Impact Mitigation Impact Incorporated 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, ❑ ❑ Q ❑ or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? C) Conflict with any applicable habitat conservation plan or natural ❑ El ❑ Q community conservation plan? XI. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral resource that C-1 ❑ ❑ Q 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, ❑ ❑ ❑ Q specific plan, or other land use plan? XII. 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 ❑ ❑ Q ❑ ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive ground ❑ ❑ El C) vibration or ground borne noise levels? c) A substantial permanent increase in ambient noise levels in the 171 El Q El 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 ❑ Q ❑ ❑ project? e) For a project located within an airport land use or, where such a plan has not been adopted, within two miles of a public airport ❑ ❑ El Q 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 ❑ ❑ ❑ Q excessive noise levels? XIII. 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 El El Q El (for example, through extension of roads or other NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005-140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 36 >tentiahy Less Than Less than No gnlficant Significant With Significant Impact Impact Mitigation Impact Incorporated b) Displace substantial numbers of existing housing, necessitating ❑ ❑ ❑ Q the construction of replacement housing elsewhere? C) Displace substantial numbers of people, necessitating the El El El Q construction of replacement housing elsewhere? XIV. 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? ❑ ❑ Q ❑ Schools? ❑ ❑ 21 ❑ Other public facilities? ❑ ❑ ❑ 0 XV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that El C) Q El 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? XVI. TRANS PORTATIONITRAFFIC Would the project: a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation, including mass transit and non - motorized travel ❑ 0 ❑ ❑ and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA20O5 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 37 Potentially Less Than Less than No Significant Significant With Significant Impact Impact Mitigation Impact Incorporated b) Conflict with an applicable congestion management program, including, but not limited to level of service standard and travel a) demand measures, or other standards established by the ❑ ❑ ❑ R] county congestion management agency for designated roads b) or highways? C) Result in a change in air traffic patterns, including either an E] ❑ ❑ 0 increase in traffic levels or a change in location that results in ❑ El El substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses ❑ ❑ I1 ❑ (e.g., farm equipment)? e) Result in inadequate emergency access? ❑ ❑ 0 ❑ f) Conflict with adopted policies, plans, or programs supporting El El 21 11 alternative transportation (e.g., bus turnouts, bicycle racks)? ❑ ❑ 0 ❑ XVII. UTILITIES & SERVICE SYSTEMS Would the project: a) Exceed wastewater treatment requirements of the applicable El El ❑ 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 E] ❑ ❑ 0 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 El F-1 [a El 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 ❑ ❑ 0 ❑ expanded entitlements needed? e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate El ❑ 1-1 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 El ❑ 121 El the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? ❑ ❑ 10 ❑ NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 38 Significant Impact XVIII. 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? 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 El viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) C) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or ❑ XIX. ENVIRONMENTAL ANALYSIS Significant With Significant Impact Mitigation Impact Incorporated ❑ R] ❑ ❑ D ❑ 0 ❑ ❑ This section of the Initial Study evaluates the potential environmental impacts of the proposed project and provides explanations of the responses to the Environmental Checklist. The environmental analysis in this section is patterned after the questions in the Environmental Checklist. Under each issue area, a general discussion of the existing conditions is provided according to the environmental analysis of the proposed Project's impacts. To each question, there are four possible responses: • No Impact. The proposed project will not have any measurable environmental impact on the environment. • Less Than Significant Impact. The proposed project will have the potential for impacting the environment, although this impact will be below thresholds that may be considered significant. • Less Than Significant With Mitigation Incorporated. The proposed project will have potentially significant adverse impacts which may exceed established thresholds; however, mitigation measures or changes to the proposed project's physical or operational characteristics will reduce these impacts to levels that are less than significant. Those mitigation measures are specified in the following sections. Each recommended mitigation measure has been agreed to by the applicant. • Potentially Significant Impact. The proposed project will have impacts that are considered potentially significant and additional analysis is required to identify mitigation measures that could reduce these impacts to insignificant levels. When an impact is determined to be potentially significant in the preliminary analysis, the environmental issue will be subject to detailed analysis in an environmental impact report (EIR). NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 39 AESTHETICS a) Would the project have a substantial adverse effect on a scenic vista? Less than Significant Impact. The proposed project encompasses approximately 145 acres adjacent to Fashion Island and is located north of Coast Highway. Newport Center Drive from Newport Center Drive east/west to Farallon Drive is designated as a Coastal View Road. Although Coast Highway is not designated as a Coastal View Road between Jamboree Road and MacArthur Boulevard, a Public View Point is located within Irvine Terrace Park, which is located south of that arterial and the subject property in the Corona del Mar service area. Policies NR 20.2 and 20.3 in the Natural Resources Element of the Newport Beach General Plan are intended to protect and enhance public view corridors. Specifically, new development must restore and enhance the visual quality and protect and restore public views. Similar policies in the Coastal Land Use Plan (CLUP) are also intended to ensure that coastal views and development within the coastal zone are protected and enhanced (refer to the analysis presented in Section X.b). To that end, the proposed Planned Community District (PCD) Regulations include development standards to "... ensure harmony and continuity of the design parameters that are respectful of the properties of its California coastal heritage." Guidelines have been included in the PCD regulations that address building mass, scale, materials, landscape treatment, and community design to ensure compatibility. Although the PCD regulations limit the maximum building height of a structure to 50 feet, building heights for the proposed structures will range from 30 feet for The Bungalows, to 32 feet for the Villas and the Tennis Clubhouse, to 50 feet for the Golf Clubhouse, which will be the largest structure within the PCD. In addition, landscaping will be provided in all areas not devoted to structures, parking and driveways, which consists of a combination of trees, shrubs, groundcover and hardscape improvements. In addition, the Master Plan (refer to Exhibit 2) and the Preliminary Landscape Plan (Exhibit 19) in the PCD Plan show a variable width landscape berm screening the golf club parking lot along approximately 650 linear feet of East Coast Highway. The width varies from 20 feet to approximately 60 feet. In addition, there is significant landscaping between each row of parking to further soften the appearance of the golf club parking lot has also been provided. Landscape materials, including trees, shrubs and groundcover are also proposed around the site perimeter to soften the development edges between adjacent existing residential and commercial development. The preliminary landscape plan includes a variety of accent/specimen trees (i.e., California oak, California pepper), spatial definition trees (e.g., California sycamore, thornless citrus, lemon- scented gum, etc.) and background trees (i.e., Aleppo pine, Brisbane box) along with other species of olive and palm trees to enhance the aesthetic character of the site and to complement the existing development in the project environs. The architectural style proposed for the project is classical California Mediterranean, which is consistent and compatible with the surrounding development. The design and implementation of the proposed project will not result in a substantial visual impact. Although the proposed clubhouse will be approximately 11,500 square feet larger than the existing structure, it is designed to be compatible with the nearby development. In addition, the proposed villas are designed to be compatible with the character of the residential development to the north along Granville. Views from the Public View Point in Irvine Terrace Park are primarily oriented to the south to the harbor and ocean; however, with the integration of the landscaping and setbacks along Coast Highway, views from the vantage and inland into Fashion Island the adjacent areas would not be adversely affected. Significant visual impacts from the segment of Newport Center Drive designated as a Coastal View Road would not occur because adequate landscape materials, setbacks, and building heights have been integrated into the project design to enhance and protect views as intended by the applicable Recreation Element policies. In addition, mechanical and trash enclosures as well as pool /spa equipment, tennis courts, and ground mounted air conditioning compressor units will be screened by walls and /or landscaping. Therefore, no significant impacts are anticipated and no mitigation measures are required. 21XI s4� RM, 5 HN U0 TIM HHH"M WN RE u F,1 V-J I e� CJ kiycv iv ev 34 CJ NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 41 b) Would the project substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings with a state scenic highway? Less than Significant Impact. The subject property is currently developed with private golf and tennis facilities. As a result, the site has been substantially altered in order to accommodate the existing land uses. The site is generally devoid of significant natural features such as rock outcroppings and /or native or important habitat. The existing trees and vegetation that are located on the site are introduced landscape species; no historic buildings exist on the site and the site is not located adjacent to a state scenic highway. Therefore, project implementation will not adversely affect existing scenic resources. No significant impacts are anticipated and no mitigation measures are required. C) Would the project substantially degrade the existing visual character or quality of the site and its surroundings? Less than Significant Impact. Project implementation includes the demolition of several existing structures (e.g., Golf Clubhouse and ancillary facilities, Tennis Clubhouse, etc.) and features (e.g., tennis courts) and the construction of a new Golf Club clubhouse and related facilities for the Golf Club component. In addition, a new Tennis Club, The Bungalows and single - family residential uses (i.e., The Villas) are also proposed. As indicated previously, the subject property is not designated as an important visual resource. Nonetheless, the PCD regulations prescribed development standards that address building height, setbacks, landscaping, lighting, architectural character and other elements to ensure that the aesthetic character of the site and surrounding area are not adversely affected. The maximum building height of the Golf Clubhouse is 53.5 feet from the existing grade to the roof peak. The proposed Tennis Clubhouse would have a maximum height of 30 feet above the existing grade. The maximum building height of the bungalows is 31 feet, with minimum five feet setbacks. The Villas would not exceed 35 feet (Villa D), as prescribed in the PCD regulations. The two land uses have been designed within the property to be visually and aesthetically compatible with each other. In order to address the aesthetic character of the site along East Coast Highway, the proposed Golf Clubhouse component has been designed with a variable landscape setback that will act as buffer along 650 linear feet of East Coast Highway. Although East Coast Highway is not designated as a scenic corridor by the City, the wide, variable landscape setback will enhance the character of that arterial and provide a significantly wider buffer for the residents of Irvine Terrace. The setback will vary from 20 feet to 55 feet and will be landscaped with a ground cover and a variety of shrubs and trees that complement the proposed development. The Villas will be screened from the tennis courts with a five -foot black wall plastered to match the adjacent Villa or by a 10 -foot chain link fence covered by a windscreen. No significant impacts are anticipated and no mitigation measures are required. d) Would the project 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 existing development is characterized by lighting that illuminates the surface parking lot that serves the existing golf and tennis facilities. In addition, lighting is also associated with existing tennis courts and security lighting for the parking lot and structures. Project implementation will result in the elimination of 17 lighted tennis courts and the intensification of development on the site through the construction of the Tennis Clubhouse, new tennis facilities, the Bungalows and the Villas. Lighting will also be provided for the same purpose as currently exists (i.e., security and parking lot illumination). Lighting required to illuminate the proposed parking lots for the Golf Clubhouse and Tennis Club facilities will comply with standards established by the Newport Beach Municipal Code. Proposed lighting will not spill onto adjacent properties. The single - family residential dwelling units will be screened from the tennis courts with a minimum 5 -foot block wall or by a 10 -foot windscreen chain link fence. One of the proposed single - family residential dwelling units is proposed to be located near the one of the existing tennis courts; however, a swimming pool is proposed between the tennis court and the residence to minimize the potential nuisance posed by the tennis court lighting. In addition, some of the Bungalows will also be located in close proximity to the proposed tennis courts. Although it is anticipated that the lighting will be energy efficient and will also be shielded or recessed so that direct glare and reflections are contained within the boundaries of the property, the applicant will be required to prepare a final lighting /photometric plan to ensure that lighting on site meets the City's requirements. In addition, tennis NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 42 court lights will be turned off at 10:00 p.m. Therefore, no significant impacts are anticipated and no mitigation measures are required. Mitigation Measures No significant impacts are anticipated and no mitigation measures are required. However, the project shall incorporate the following standard condition prescribed by the City of Newport Beach for lighting. SC -1 Prior to the issuance of building permits, the applicant shall prepare a photometric study in conjunction with a final lighting plan for approval by the Planning Department. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Planning Director, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Planning Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. AGRICULTURE AND FOREST RESOURCES a) Would the project 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. No Prime Farmland, Farmland of State or Local Importance, or Unique Farmland occurs within or in the vicinity of the site. The site and adjacent areas are designated as "Urban and Built -up Land" and "Other Land" on the Orange County Important Farmland Map. Further, neither the site nor the adjacent areas are designated as prime, unique or important farmlands by the State Resources Agency or by the Newport Beach General Plan. Therefore, no impact on significant farmlands would occur with the proposed project and no mitigation measures are required. b) Would the project conflict with existing zoning for agricultural use, or a Williamson Act contract? No Impact. The Newport Beach General Plan, Land Use Element designates the site as "Parks and Recreation" (PR) and "Mixed Use — Horizontal" (MU -113) and the zone designation for the site is "Planned Community." Therefore, there is no conflict with zoning for agricultural use, and the property and surrounding properties are not under a Williamson Act contract. No significant impacts are anticipated and no mitigation measures are required. C) Would the project conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code Section 12220(g)), timberland (as defined by Public Resources Code Section 4526), or timberland zoned Timberland Production (as defined by Government Code Section 51104(g))? No Impact. The project site is neither zoned nor designated as forest land. The site is currently developed as a golf course and tennis club. Project implementation would not result in the conversion of any forest land subject to the Public Resources Code. No significant impacts are anticipated and no mitigation measures are required. d) Would the project result in the loss of forest land or conversion of forest land to non - forest use? No Impact. As indicated above, the site is currently developed and is devoid of forest resources. Project implementation will not result in the site's conversion of forest land to non - forest uses. NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 43 e) Would the project involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non - agricultural use or conversion of forest land to non - forest use? No Impact. The site is not being used for either agricultural or forest land purposes and, as indicated previously, is not designated as agricultural or forest land. The subject property and the area surrounding the site are developed with a variety of residential, professional office, retail, public facilities, and recreational uses. Therefore, no agricultural or forest uses on the site or within the site's vicinity would be converted to non - agricultural or non - forest use. No significant impacts are anticipated and no mitigation measures are required. Mitigation Measures No significant impacts are anticipated and no mitigation measures are required AIR QUALITY a) Would the project conflict with or obstruct implementation of the applicable air quality plan? Less than Significant Impact. The 2007 Air Quality Management Plan (AQMP) was adopted in June 2007, after extensive public review. The 2007 AQMP recognizes the interaction between photochemical processes that create both ozone (03) and the smallest airborne particulates (PM2.5). The 2007 AQMP is therefore a coordinated plan for both pollutants. Key emissions reductions strategies in the updated air quality plan include: Ultra -low emissions standards for both new and existing sources (including on- and -off- road heavy trucks, industrial and service equipment, locomotives, ships and aircraft). Accelerated fleet turnover to achieve benefits of cleaner engines. Reformulation of consumer products. Modernization and technology advancements from stationary sources (refineries, power plants, etc.) Development such as the proposed Newport Beach Country Club project does not directly relate to the AQMP in that there are no specific air quality programs or regulations governing "general" development. Conformity with adopted plans, forecasts and programs relative to population, housing, employment and land use is the primary yardstick by which impact significance of master planned growth is determined. If a given project incorporates any available transportation control measures that can be implemented on a project - specific basis, and if the scope and phasing of a project are consistent with adopted forecasts as shown in the Regional Comprehensive Plan (RCP), then the regional air quality impact of project growth would not be significant because of planning inconsistency. The SCAQMD, however, while acknowledging that the AQMP is a growth- accommodating document, does not favor designating regional impacts as less- than - significant just because the proposed development is consistent with regional growth projections. Air quality impact significance for the proposed project has therefore been analyzed on a project- specific basis. 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 an early enough stage 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. To accurately assess the environmental impacts of new or renovated development, environmental pollution and population growth are projected for future scenarios. There are two key indicators of consistency: NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 44 Indicator 1 Whether the project would result in an increase in the frequency or severity of existing air quality violations, cause or contribute to new violations, or delay timely attainment of the AAQS or interim emission reductions in the AQMP. The South Coast Air Basin (SCAB) is designated by the state and USEPA as non - attainment for 03, PM1o, and PMZ.,. SCAQMD developed regional emissions thresholds to determine whether or not a project would contribute to air pollutant violations. If a project exceeds the regional air pollutant thresholds, then the project would substantially contribute to air quality violations in the SCAB. In addition, the project would also contribute to air pollutant violations if localized emissions result in an exceedance of the AAQS. Neither short -term nor long -term emissions generated by the project exceed the SCAQMD thresholds for regional emissions (as shown in detail below) and would therefore contribute to an increase in frequency or severity of air quality violations and delay attainment of the AAQS or interim emission reductions in the AQMP. Consequently, the project would not be consistent with the AQMP under the first indicator. Indicator Whether the project would exceed the assumptions in the AQMP. The AQMP strategy is, in part, based on projections from local general plans. The current zoning designation permits development through a planned community development plan. Therefore, development of new land uses and their associated air pollutant emissions would be accounted for in the assumptions of the AQMP. Furthermore, the purpose and intent of a "Planned Community' is to encourage mixed -use development and integration of residential, recreational, commercial, and retail uses. Because the proposed project would accommodate a mix of recreational and residential uses within walking distance, there would be a limited reduction in vehicle trips for residents within the project site and surrounding area for commercial retail and recreational needs. This reduction in trips would likewise result in a reduction in air pollution. Consequently, implementation of the project would not conflict with the AQMP under the second indicator. b) Would the project violate any air quality standard or contribute substantially to an existing or projected air quality violation? Less Than Significant Impact. The Project will be consistent with the relevant policies and requirements established by the Land Use Element. Approval of the proposed project would not result in any land use conflicts with existing, surrounding development. As indicated in Ill.c, below, neither construction nor operational air emissions would exceed significance thresholds established by the SCAQMD. These thresholds were developed to provide a method of assessing a project's individual impact significance, and also to determine whether the project's impacts could be cumulatively considerable. The proposed project would not, therefore, result in a cumulatively considerable net increase of any criteria pollutant. Since the South Coast Air Basin is in non - attainment with respect to ozone and PM10, and the construction emissions would add to the regional burden of these pollutants, compliance with a vigorous set of air pollution control measures related to dust control, paint emissions etc.) is required to ensure that projects do not contribute directly to an air quality violation. Air Pollution Control Measures Dust Control Measures Apply soil stabilizers to inactive areas. Prepare a high wind dust control plan and implement plan elements and terminate soil disturbance when winds exceed 25 mph. Stabilize previously disturbed areas if subsequent construction is delayed. Water exposed surfaces 3 times /day. Cover all stockpiles with tarps. Replace ground cover in disturbed areas as soon as feasible. NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 45 Exhaust Emission Measures Require 90 -day low -NOx tune -ups for off -road equipment. Limit allowable idling to 5 minutes for trucks and heavy equipment. Utilize equipment whose engines are equipped with diesel oxidation catalysts if available. Utilize diesel particulate filter on heavy equipment where feasible. Painting and Coating Measures Use low VOC coatings and high pressure -low volume C) Would the project 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 Impact. Project implementation will result in the demolition of the existing Golf Clubhouse and the existing Tennis Clubhouse as well as related features, including asphalt parking lots, etc., in order to accommodate the proposed uses. Potential air quality impacts are discussed below. Short -Term (Construction) Emissions Construction activities will result in short -term pollutant emissions that are summarized in Table 1, below. With or without the use of mitigation, peak daily construction activity emissions will not exceed SCAQMD CEQA thresholds and will be further reduced by recommended mitigation. The recommended emissions mitigation measures are detailed in the "Mitigation" section of this report. Construction equipment exhaust contains carcinogenic compounds within the diesel exhaust particulates. The toxicity of diesel exhaust is evaluated relative to a 24 -hour per day, 365 days per year, 70 -year lifetime exposure. Public exposure to heavy equipment emissions will be an extremely small fraction of the above dosage assumption. Diesel equipment is also becoming progressively "cleaner" in response to air quality rules on new off -road equipment. Any public health risk associated with project - related heavy equipment operations exhaust is therefore not quantifiable, but small. Construction activity air quality impacts occur mainly in close proximity to the surface disturbance area. There may, however, be some "spill- over" into the surrounding community. That spill -over may be physical as vehicles drop or carry out dirt or silt is washed into public streets. Passing non - project vehicles then pulverize the dirt to create off -site dust impacts. "Spillover" may also occur via congestion effects. Construction may entail roadway encroachment, detours, lane closures and competition between construction vehicles (trucks and contractor employee commuting) and ambient traffic for available roadway capacity. Emissions controls require good housekeeping procedures and a construction traffic management plan that will maintain such "spill- over" effects at a less- than - significant level. NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 46 Table 1 Construction - Related Pollutant Emissions (pounds /day) Newport Beach Country Club Activity WOG NOx CO SOZ PMio i PM2,5 GO2. Demolition of Structure No Mitigation 2.2 1 18.4 9.4 0.0 2.2 1.1 1,895.0 Mitigation 2.2 15.9 9.4 0.0 1.4 0.4 1,895.0 Asphalt Demolition and Crusg /Reclamation hin0.0 No Mitigation 3.2 31.3 14.1 1.8 1.3 3,191.0 Miti ation 3.2 26.7 14.1 0.0 0.8 1 0.3 3,191.0 Mass Grading No Mitigation 9.0 88.7 41.3 0.0 11.0 1 5.1 9,004.8 Mitigation 9.0 79.3 41.3 0.0 2.3 1 1.6 9,004.8 Fine Grading No Mitigation 3.3 26.1 15.1 0.0 8.3 2.8 2,552.3 Mitigation 3.3 22.2 15.1 0.0 0.9 0.3 2,552.3 Trenching No Miti ation 3.8 30.5 17.7 0.0 1.6 1.5 3,095.5 Miti ation 3.8 25.9 17.7 0.0 0.3 0.2 3,095.5 Construction No Mitigation 2.7 19.0 13.1 0.0 1.4 Mitigation 2.7 16.2 13.1 0.0 0.2 0.2 TIM 2,070.0 Construction and Paining No Mitigation 11.6 1 17.7 1 12.9 1 0.0 1.3 1.2 2,087.4 Mitigation 10.7 15.1 12.9 0.0 0.2 0.2 2,087.4 SCAQMD Threshold 75 100 550 150 150 55 Exceeds Threshold? No No No No No No 'No significance threshold has been adopted. SOURCE: Giroux & Associates Jul 2009 Local Significance Thresholds The SCAQMD has also developed analysis parameters to evaluate ambient air quality on a local level in addition to the more regional emissions -based thresholds of significance. These analysis elements are called Local Significance Thresholds (LSTs). LSTs were developed in response to Governing Board's Environmental Justice Enhancement Initiative 1 -4 and the LST methodology was provisionally adopted in October 2003 and formally approved by SCAQMD's Mobile Source Committee in February 2005. Use of an LST analysis for a project is optional because they were derived for economically or socially disadvantaged communities. For residential, hotel and recreational developments, the only source of LST impact would be during construction. LSTs are only applicable to the following criteria pollutants: oxides of nitrogen (NOx), carbon monoxide (CO), and particulate matter (PM,o and PMZS). LSTs represent the maximum emissions from a project that are not expected to cause or contribute to an exceedance of the NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 47 most stringent applicable federal or state ambient air quality standard, and are developed based on the ambient concentrations of that pollutant for each source receptor area and distance to the nearest sensitive receptor. The URBEMIS model estimates that the daily construction disturbance "footprint" will be 0.7 acres. LST pollutant concentration data is currently published for 1, 2 and 5 acre sites. Utilizing data for a 1 acre site and a source receptor distance of 50 meters, the LST thresholds are presented in Table 2. As indicated in the table, project - related construction emissions would not exceed the relevant LSTs. Table 2 Local Significance Thresholds (pounds /day) Newport Beach Country Club North Coastal Orange County L CO J N0x_J PM10 PM2.5 LST Threshold 528 163 13 5 Proposed Project Unmiti ated 9 :—:411 4 18 -89 1 —11 1 —3 Mitigated 9 16 — 79 1 —2 1 —2 SOURCE: Giroux & Associates (July 2009 Long -Term (Operational) Emissions Possible project - related air quality concerns relate to the potential for impacts as a result of mobile source emissions that will be generated by the recreational, residential, and hotel uses proposed for the project site. The proposed project, however, replaces an existing facility and decreases existing tennis court facilities with the Bungalows and The Villas. With respect to operational emissions, it is anticipated that 389 fewer daily trips will be generated as a result of this project. Operational emissions for existing and proposed project - related traffic were calculated using a computerized procedure developed by the California Air Resources Board (CARB) for urban growth mobile source emissions. The URBEMIS2007 model was run using the trip generation factors obtained from the traffic report for this project. The model was used to calculate area source emissions and the resulting vehicular operational emissions for existing uses in 2009 and proposed uses in 2012. A comparison was made of the two scenarios and the results are shown in Table 3. The few residential uses associated with the proposed project may generate small quantities of organic compounds from cleaning products, personal care products, landscape maintenance, cooking, etc. Because the existing site has no residential use component, the area source emissions are slightly higher for the proposed project than for existing uses. As seen in Table 3, mobile source emissions in 2009 are higher for existing uses than for the proposed project for an assumed 2012 build -out. NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 48 Table 3 Project-Related Emissions Burden (pounds /day) Newport Beach Country Club Because the proposed project generates fewer trips than existing uses and since area source emissions are minimal compared to mobile source emissions, the SCAQMD's recommended threshold levels will not be exceeded. Operational emissions will be less than significant. d) Expose sensitive receptors to substantial pollutant concentrations? Less than Significant Impact. The area in which the subject property is located is dominated by non- residential development, including professional office. Some residential development exists north of the existing tennis club and a senior housing development is located west of the proposed project site near Jamboree Road between Back Bay Road and Coast Highway; however, there are no hospitals, schools or other sensitive receptors located near the proposed project site. Moreover, as discussed in the preceding assessment of potential air quality impacts, the proposed project would not generate pollutant emissions that would exceed established SCAQMD thresholds, either during the temporary construction phases or over the long -term operating life of the proposed facilities and residences when occupied. Although no significant impacts are anticipated, several conditions are prescribed to further reduce dust and construction equipment exhaust emissions during the construction phase. e) Create objectionable odors affecting a substantial number of people? No Impact. A variety of odors would be associated with construction equipment exhaust emissions and application of paints and other architectural coatings. The odors would be minor and temporary in nature and would not significantly affect people residing or occupying areas beyond the immediate construction zones. Subsequent to the completion of construction activities, development of the site with the proposed Golf Club and Tennis Club, The Bungalows, and The Villas would not result in any significant change in the kinds of odors that could be experienced in the project environs, which is composed of single - family residential dwelling units similar to The Villas. Occasional, less than significant odors may occur in ROG NOx CO I SOz Pr�fio PMz.s COz Exist in Uses 2009 Area Sources 0.3 0.0 3.1 0.0 0.0 Mobile Sources 11.5 15.4 149.5 0.2 24.3 4.7 14,288.0 Total 11.8 15.4 152.6 0.2 24.3 4.7 14,293.6 Proposed Project (2012) Area Sources 0.8 0.4 5.1 0.0 0.0 0.0 372.0 Mobile Sources 6.8 9.0 87.8 0.1 18.4 3.6 10,829.9 Total 7.6 9.4 92.9 0.1 18.4 3.6 11,201.9 Net Difference (Proposed versus Existing Uses) Area Sources 0.5 0.4 2.0 0.0 0.0 0.0 366.4 Mobile Sources -4.7 -6.4 -61.7 -0.1 -5.9 -1.1 - 3,458.1 Total -4.2 -6.0 -59.7 -0.1 -5.9 -1.1 - 3,091.7 SCAQMD Threshold 55 55 550 150 150 55 Exceeds Threshold? No No No No No No 'No significance threshold has been adopted. SOURCE: Giroux & Associates (July 2009) Because the proposed project generates fewer trips than existing uses and since area source emissions are minimal compared to mobile source emissions, the SCAQMD's recommended threshold levels will not be exceeded. Operational emissions will be less than significant. d) Expose sensitive receptors to substantial pollutant concentrations? Less than Significant Impact. The area in which the subject property is located is dominated by non- residential development, including professional office. Some residential development exists north of the existing tennis club and a senior housing development is located west of the proposed project site near Jamboree Road between Back Bay Road and Coast Highway; however, there are no hospitals, schools or other sensitive receptors located near the proposed project site. Moreover, as discussed in the preceding assessment of potential air quality impacts, the proposed project would not generate pollutant emissions that would exceed established SCAQMD thresholds, either during the temporary construction phases or over the long -term operating life of the proposed facilities and residences when occupied. Although no significant impacts are anticipated, several conditions are prescribed to further reduce dust and construction equipment exhaust emissions during the construction phase. e) Create objectionable odors affecting a substantial number of people? No Impact. A variety of odors would be associated with construction equipment exhaust emissions and application of paints and other architectural coatings. The odors would be minor and temporary in nature and would not significantly affect people residing or occupying areas beyond the immediate construction zones. Subsequent to the completion of construction activities, development of the site with the proposed Golf Club and Tennis Club, The Bungalows, and The Villas would not result in any significant change in the kinds of odors that could be experienced in the project environs, which is composed of single - family residential dwelling units similar to The Villas. Occasional, less than significant odors may occur in NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 49 conjunction with trash pick up and outdoor food preparation (e.g., barbeques), and possibly with outdoor maintenance activities. Trash containers would be equipped with lids and would be stored inside the dwelling units and garages. The proposed project will not generate unusual or large quantities of solid waste materials, or utilize chemicals, food products, or other materials that emit strong odors that would adversely affect the ambient air quality in the project environs. Therefore, the project does not have the potential to create objectionable odors; and no mitigation measures are required. Mitigation Measures Although no significant short -term (i.e., construction) or long -term (operational) air quality impacts will occur as a result of the proposed project, the following measures are required by the South Coast AQMD to further reduce construction emissions: SC -2 Adherence to SCAQMD Rule 402, which prohibits air contaminants or other materials that cause injury, detriment, nuisance or annoyance to any considerable number of persons or to the public, or which endanger the comfort, repose, health, or safety of any such persons or the public, or which cause, or have a natural tendency to cause injury or damage to business or property to be emitted within the SoCAB. SC -3 Adherence to SCAQMD Rule 403, which sets requirements for dust control associated with grading and construction activities. SC -4 Adherence to SCAQMD Rules 431.1 and 431.2, which require the use of low sulfur fuel for stationary construction equipment. SC -5 Adherence to SCAOMD Rule 1108, which sets limitations on ROG content in asphalt. SC -6 Adherence to SCAQMD Rule 1113, which sets limitations on ROG content in architectural coatings. SC -7 Adherence to Title 24 energy- efficient design requirements as well as the provision of window glazing, wall insulation, and efficient ventilation methods in accordance with the requirements of the California Building Code. IV. BIOLOGICAL RESOURCES a) Would the project 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? No Impact. The subject property has been extensively altered as a result of site development. No important biological resources are identified in the Natural Resources Element of the Newport Beach General Plan (refer to Figure NR1) and no environmental study areas exist on the site (refer to Figure NR2) in that Element. As previously indicated, the majority of the site is developed with golf and tennis facilities, including parking lots. Virtually all of the vegetation existing within the limits of the site is introduced landscape species. Furthermore, the site is entirely surrounded by residential and commercial development as well as the Marriott Hotel and roadways. No sensitive habitat and /or sensitive plant or animal species exist on the subject property. The proposed project will result in the demolition of some existing structures, including the existing Golf and Tennis Clubhouses and several tennis courts in order to accommodate the proposed new development. Project implementation will not result in any modifications to sensitive habitat and /or sensitive species of plants or animals. Alteration of the site as proposed will not result in any potentially significant direct or indirect impacts to sensitive habitat and /or species. No significant impacts are anticipated and no mitigation measures are required. NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 50 b) Would the project 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? No Impact. With the exception of two man -made lakes that are part of the existing golf course, no riparian features exist within the limits of the site. The two lakes are not included within the development limits and, therefore, will not be directly affected by the proposed new development. Grading and site development proposed by the applicant will not result in any impacts to riparian habitat or other sensitive natural community identified either in the City's General Plan or Coastal Land Use Plan. C) Would the project 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? No Impact. As indicated above, no riparian habitat exists on the subject property and no wetlands as defined by Section 404 of the Clean Water Act occur on the site. Project implementation will not result in any potential adverse affects to either wetlands or riparian species. d) Would the project 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? No Impact. The subject property and the surrounding areas are developed and no migratory wildlife corridors occur on site or in the immediate vicinity of the project site that would be affected by development of the subject property. As a result, the proposed project will not interfere with resident, migratory or wildlife species. No significant impacts are anticipated and no mitigation measures are required. e) Would the project conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? No Impact. The site is devoid of protected habitat and /or species, including heritage trees. Project implementation will not result in any conflicts with adopted policies or ordinances intended to protect biological resources. No significant impacts are anticipated and no mitigation measures are required. f) Would the project conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? No Impact. There are no local, regional or state habitat conservation plans that would regulate or guide development of the project site. The subject property, which has been developed as private recreation (i.e., Golf Club and Tennis Club) does not support native habitat and /or species and is not included in either a Habitat Conservation Plan or a Natural Community Conservation Plan. No significant direct or indirect impacts to an existing HCP and /or NCCP will occur as a result of project implementation; no mitigation measures are required. Mitigation Measures No significant impacts to biological resources are anticipated; no mitigation measures are required NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 51 V. CULTURAL RESOURCES a) Would the project cause a substantial adverse change in the significance of a historical resource as defined §15604.5? No Impact. The project site is currently developed with an 18 -hole Golf Club, clubhouse and ancillary facilities, and a private tennis club with 24 tennis courts. Figure HR1 in the City's Historical Resources Element indicates that no historical resources are located on the site. Although no historic sites are located on the subject property, the California Point of Historical Interest (2009) of the Office of Historic Preservation, Department of Parks and Recreation, lists one property within a one -half mile radius of the subject property. ORA -009, the site of the 1953 National Boy Scout Jamboree (i.e., present location of Newport Center) is near the site. This site is also listed on the California Historic Resources Inventory. No historic resources and /or properties within one -half mile of the site are identified by the California Historical Landmarks (2009) of the Office of Historic Preservation, Department of Parks and Recreation, or the National Register of Historic Places. Implementation of the proposed project would not result in any direct or indirect impacts to the existing historic site (ORA -009). Furthermore, the site is not identified by the City as possessing potentially important historic resources. Therefore, project implementation will not result in potentially significant impacts to historic resources are anticipated and no mitigation measures are required. b) Would the project cause a substantial adverse change in the significance of an archaeological resource pursuant to §15604.5? Less than Significant Impact. Thirty -eight (38) studies have been conducted within a one -half mile radius of the subject property.Z However, none of the studies occurred within the project site. In addition, 19 investigations also occurred on the Newport Beach, Laguna Beach and Tustin 7.5- minute U.S.G.S. quadrangle maps that are also potentially within one -half mile of the site. Although no site specific surveys have been conducted on the subject property, the site has been substantially altered in order to accommodate the existing golf and tennis facilities. The project proposes changes only to areas of the site that have previously been altered by grading and prior development. The new Golf Clubhouse is proposed to be located in the same area as the existing Golf Clubhouse. As a result, any grading and site alteration that is anticipated would affect the same areas that have previously been altered in order to accommodate the existing Golf Clubhouse and related facilities. Similarly, alteration of the Tennis Club portion of the site necessary to accommodate the new Tennis Clubhouse, The Bungalows, and The Villas will also affect areas that have previously been graded and substantially altered. As a result, project implementation will not adversely affect archaeological /cultural resources that may exist on the site. Although no significant impacts are anticipated and no mitigation measures are necessary, the City will require that a qualified archaeologist/paleontologist be present during grading and site alteration to monitor grading and landform alteration (refer to SC -8). Implementation of this measure is consistent with applicable Policy No. HR 2.2 of the Historic Resources Element of the Newport Beach General Plan. The City of Newport Beach complied with the requirements of SB 18 by submitting a request to the Native American Heritage Commission (NAHC). In addition, the City also sent a tribal consultation request to the Native American representative, Mr. David Belardes (Chairperson, Juaneno Band of Mission Indians Acjachemen Nation) on September 8, 2005 in compliance with both SB18 and Policy No. HR 2.3 that requires notification of cultural organizations. The City did not receive a response to the SB18 consultation request. Subsequent to that letter, a follow -up request was sent to Mr. Belardes on May 15, 2009 to apprise the Native American representative of changes to the project and request consultation with the Native Americans. To date, no response to the consultation request has been received by the City. " "Record Search Results for the Proposed Newport Beach Country Club Project Located in the City of Newport Beach, California; South Central Coastal Information Center; Letter dated June 2, 2009. NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 52 C) Would the project directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Less Than Significant Impact. As indicated above, the project area is located within an urbanized area of the City of Newport Beach and has been previously graded and developed. Any near - surface paleontological resources that may have existed at one time have likely been disturbed and /or destroyed by prior development activities. Therefore, no potentially significant impacts are anticipated and no mitigation measures are required. It is not likely that implementation of the project will result in any potentially significant impacts to paleontological resources because of the prior development activities that have taken place on the site. Nonetheless, as identified below, monitoring of the grading activities by a qualified paleontologist will be required as prescribed below to ensure that in the event that fossils or other important paleontological resources are encountered, appropriate measures can be taken to avoid adverse impacts to those resources. d) Would the project disturb human remains, including those interred outside of formal cemeteries? No Impact. The project site and surrounding areas are highly disturbed due to past urban development and there is no evidence of human remains or sites of Native American burials. Based on the degree of disturbance that has already occurred on the site (i.e., golf and tennis facilities) and in the vicinity of the project site (i.e., Newport Center), it is anticipated that project implementation would not result in potentially significant impacts to human remains, however, as indicated below, a qualified archaeological /paleontological monitor will be present on -site during grading to ensure that in the event human remains are encountered, appropriate measures will be implemented in accordance with State law regarding human remains. Mitigation Measures Although no significant impacts are anticipated, the following standard condition is required by the City to ensure that potential impacts to cultural and /or scientific resources that may be encountered during grading are avoided. SC -8 A qualified archaeological /paleontological monitor shall be retained by the project applicant who will be available during the grading and landform alteration phase. In the event cultural resources and /or fossils are encountered during construction activities, ground- disturbing excavations in the vicinity of the discovery shall be redirected or halted by the monitor until the find has been salvaged. Any artifacts and /or fossils discovered during project construction shall be prepared to a point of identification and stabilized for long -term storage. Any discovery, along with supporting documentation and an itemized catalogue, shall be accessioned into the collections of a suitable repository. Curation costs to accession any collections shall be the responsibility of the project applicant. MM -1 The City shall provide an opportunity for a Native American representative to monitor excavation activities. The representative shall be determined by the City based on input from concerned Native American tribes (i.e., Gabrielino, Juaneno, and Tongvas). NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 53 VI. GEOLOGY AND SOILS a) Would the project expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: 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? Less than Significant Impact. The site is located in the Newport Center /Fashion Island area of the City, which is near the intersection of the Southwestern Block and the Central Block of the Los Angeles Basin. The Southwestern Block is the westerly seaward portion of the Los Angeles Basin, which includes Palos Verdes Peninsula and Long Beach, and is bounded on the east by the Newport - Inglewood Fault Zone (NIFZ). The landward part of the NIFZ is a northwesterly- trending zone that extends from Beverly Hills on the north to Newport Bay on the south, where it continues offshore to the south; however, it eventually returns ashore again near La Jolla, where it is expressed by the Rose Canyon Fault. The NIFZ within the project environs is not included on the State - published Alquist- Priolo Special Studies zonation map. The subject property is located within a seismically active area. There are no known local or regional active earthquake faults on the site, and the site is not within an Alquist - Priolo Zone. However, the site is located within close proximity of several surface faults that are presently zoned as active or potentially active by the California Geological Survey. The site is located approximately 3.7 kilometers (km) east of the Newport - Inglewood fault zone. The site may also be located within in 1 km of the San Joaquin Hills Blind Thrust, an inferred, low -angle fault system (e.g., blind thrust). These faults normally do not break the ground surface during sizeable earthquakes. Another active fault that could generate seismic activity that affects the subject property and surrounding area is the Elsinore Fault, The Newport - Inglewood and Elsinore Fault Zones could produce earthquakes of magnitude 6 — 7 on the Richter Scale, with local strong ground motion equivalent to at least VIII — IX on the modified Mercali Scale. Although episodes on those faults could cause ground shaking at the project site, it is highly unlikely that the site would experience surface rupture. Therefore, no significant ground rupture impacts would occur as a result of project implementation. ii) Strong seismic ground shaking? Less than Significant Impact. See response to Vl.a (i) above. As indicated above, the subject property is located in the seismically active southern California region; several active faults are responsible for generating moderate to strong earthquakes throughout the region. Due to the proximity of the site to the San Joaquin Hills Blind Thrust and the Newport - Inglewood Fault zone, the subject property has a moderate to high probability to be subjected to seismic and associated hazards. A probabilistic seismic hazard analysis of horizontal ground shaking was performed to evaluate the likelihood of future earthquake ground motions occurring at the site. The maximum earthquake of 23 faults within an 80 km radius of the site based on the seismic hazard analysis conducted for the project. The earthquake magnitudes associated with each fault are presented in Table 4. NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 54 Table 4 Seismic Source Model Newport Beach Country Club Fault Distance (km) SeismoloRy Parameters Maximum Mw__ Fault Type' Slip Rate San Joaquin Hills Blind Thrust <1.0 _ ___ 6.6 bt 0.5 Newport Inglewood Offshore 3.7 7.1 rl -ss 1.5 Newport- In lewood L.A. Basin 4.1 7.1 rl -ss 1.0 Palos Verdes 22.9 7.3 rl -ss 3.0 Chino - Central Avenue 307 6.7 rl -r -o 1.0 Whittier 33.7 6.8 rl -ss 2.5 Elsinore -Glen Ivy 35.2 6.8 rl -ss 5.0 Puente Hill Thrust 35.2 7.1 bt 0.4 Coronado Bank 38.3 7.6 rl -ss 3.0 San Jose 47.7 6.4 II-r -o 0.5 Elsinore - Temecula 49.4 6.8 rl -ss 5.0 Elysian Park Thrust (upper) 54.8 6.4 r 1.3 Sierra Madre 58.2 7.2 r 2.0 Cucamonga 58.9 6.9 r 5.0 Raymond 60.6 6.5 II-r -o 1.5 Verdu o 63.2 6.9 r 0.5 Clamshell -Saw it 64.0 6.5 r 0.5 Hollywood 1 65.2 6.4 11-r -o 1.0 Rose Canyon 68.8 7.2 rl -ss 1.5 Santa Monica 70.7 6.6 11-r -o 1.0 San Jacinto -San Bernardino 74.1 1 6.7 rl -ss 12.0 San Jacinto -San Jacinto Valle 75.0 6.9 rl -ss 12.0 Malibu Coast 76.4 6.7 11-r -o 0.3 'rl - right - lateral; II - left lateral; ss - strike -slip; r - reverse; o - oblique; bt - blind thrust SOURCE: GMU Geotechnical, Inc. Ma 2, 2008 The maximum earthquake on the NIFZ is estimated to be 7.1 on the Richter Scale. Similarly, the maximum earthquake on the San Joaquin Hills Blind Thrust is 6.6. Other faults capable of producing seismic activity that could affect the subject property include the San Jacinto Fault and the Whittier Fault, which is a northern branch of the Elsinore Fault. Even though the project site and surrounding areas could be subject to strong ground movements, incorporation of the recommendations included in the preliminary geotechnical report, adherence to current building standards of the City of Newport Beach, and compliance with current California Building Code standards would reduce the potential adverse effects of ground movement hazards to a less than significant level. iii) Seismic - related ground failure, including liquefaction? No Impact. Based on the geologic exploration undertaken on the subject property, the site is underlain by sedimentary rocks of the Monterey Formation. These rocks do not have the potential for liquefaction. Furthermore, no groundwater is present to the depths and no loose sands or coarse silt is present. Therefore, the potential for liquefaction is negligible and less than significant. Proper design of the proposed structures will ensure that ground failure, including that associated with liquefaction, will not pose a significant hazard to the development. NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 55 iv) Landslides? No Impact. The site is generally devoid of slopes and no significant slopes are planned within the property. Potential effects associated with slope stability are, therefore not anticipated to have an adverse impact on the proposed project. No significant impacts are anticipated an no mitigation measures are required. b) Would the project result in soil erosion or the loss of topsoil? Less than Significant with Mitigation Incorporated. Implementation of the proposed project will necessitate grading and excavation necessary to accommodate the proposed Golf Clubhouse, Tennis Club, The Bungalows, and The Villas that will temporarily expose on -site soils to potential erosion. In that interim period, it is possible that some erosion may occur, resulting in some sedimentation; however, in order to ensure that erosion and sedimentation are minimized, the applicant will be required to prepare and submit an adequate drainage and erosion control plan, which complies with current City standards. Although it is possible that potential erosion could occur without the incorporation of appropriate measures, implementation of the mandatory appropriate erosion controls will avoid potential erosion impacts associated with site grading and development. Further, the proposed site will be engineered to ensure that surface /subsurface drainage does not contribute to erosion or adversely affect the stability of project improvements. Other efforts required to ensure that potential erosion is minimized include slope protection devices, plastic sheeting, inspection for signs of surface erosion, and corrective measures to maintain, repair or add structures required for effective erosion and sediment movement from the site. As a result, potential impacts occurring from project implementation, including those anticipated during grading and after development of the site, will be avoided or reduced to a less than significant level. C) Would the project 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? Less than Significant with Mitigation Incorporated. Refer to Section VI.a.iv, above. As previously indicated, potential slope failure /landslide potential is not anticipated because no slopes are proposed and no significant slopes exist on the subject property. Therefore, site preparation and design of the proposed residence in accordance with the recommendations contained in the preliminary geotechnical report and compliance with the California Building Code will ensure that potential impacts will be avoided or reduced to a less than significant level. The depth of planned engineered fill is anticipated to be five to 10 feet following both design and corrective grading. Total fill depths (i.e., new and existing fill) are anticipated to range from five to 25 feet. All fill will be placed as engineered fill on top of existing suitable artificial fill, terrace deposits, or bedrock. Post - grading settlement of the shallow -depth fills is anticipated to be minor as most of the grading related to settlement (i.e., due to fill self weight) should be complete at the completion of grading. Secondary compression is not anticipated due to: (1) the low plasticity of anticipated fill soils; (2) the low fill thickness; and (3) the over - consolidated nature of the underlying terrace deposits and bedrock. Hydro - compression of the fill soils should also be minor due to the fact that the fills will be placed above optimum moisture content. Significant post - grading settlement of the underlying bedrock due to loading from the proposed fills is not anticipated. Similarly, hydro - collapse of the bedrock materials will be negligible due to the existing high density and over - consolidated nature of the materials. For these reasons, post - grading settlements related to grading are not anticipated to have a significant effect on structures and improvements. Adherence to the recommendations in the preliminary geotechnical report will ensure that potential effects associated with settlement would be avoided. NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 56 d) Would the project be located on expansive soil, as defined in Table 18 -1 -B of the California Building Code (2007)), creating substantial risks to life or property? Less than Significant with Mitigation Incorporated. Based on the analysis conducted for the proposed project, the on -site surface materials have a very low to low expansion index and a negligible sulfate content. However, because testing results were in the upper limit of the "low" expansion classification, it is anticipated that medium expansion potential may exist. The subject site is underlain by artificial fill, colluvium, and terrace deposits overlying bedrock assigned to the Monterey Formation. Adherence to the recommendations in the Report of Geotechnical Studies (GMU, 2008) prepared for the project will ensure that impacts associated with expansive soils would be avoided. With the incorporation of these recommendations, potential impacts will be less than significant. e) Would the project have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? No Impact. The project will be connected to existing sewer lines. No septic tanks or alternative waste water disposal systems are proposed. Therefore, no significant impacts related to the implementation of an alternative waste disposal system are anticipated and no mitigation measures are required. Mitigation Measures As indicated in the geotechnical report prepared for the proposed project, construction of the proposed improvements (i.e., Golf Club, Tennis Club, The Bungalows, and Villas) is feasible from a geotechnical perspective. The following measures shall be implemented to ensure that no potentially significant geotechnical impacts identified in the preceding analysis occur. SC -9 All grading operations and construction shall comply with the applicable City of Newport Beach Grading Code and Grading Manual and the most recent version of the California Building Code. SC -10 Prior to issuance of the grading permit, an erosion control plan shall be submitted to and approved by the City's Chief Building Official. SC -11 Prior to issuance of a grading permit, the applicant shall submit a soils engineering report and final geotechnical report to the City's Building Department for approval. MM -2 The project shall be designed to incorporate the recommendations included in "Revised Preliminary Geotechnical Design Parameters for the NBCC Planned Community' (April 25, 2008) and "Report of Geotechnical Studies and Review of Vesting Tentative Tract Map No. 15347" (May 2, 2008) prepared by GMU Geotechnical that address site grading, site clearing, compaction, bearing capacity and settlement, lateral pressures, footing design, seismic design, slabs on grade, retaining wall design, subdrain design, concrete, surface drainage, landscape maintenance, etc. The Building Department shall review the grading plan to ensure conformance with recommendations contained in the final geotechnical report. VII. GREENHOUSE GAS EMISSIONS Background The earth's natural warming process is known as the "greenhouse effect." The greenhouse effect keeps the earth warm and habitable, raising the temperature of the earth's surface by about sixty degrees Fahrenheit. With the natural greenhouse effect, the average temperature of the earth is about 45 degrees Fahrenheit. Obviously, the earth would be much less inviting without the greenhouse effect.3 It is 'Climate Change 101: Understanding and Responding to Global Climate Change, published by the Pew Center on Global Climate Change and the Pew Center on the States. NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 57 normal for the earth's temperature to fluctuate over extended periods of time. For example, the climate of the Northern Hemisphere varied from a relatively warm period between the eleventh and fifteenth centuries to a period of cooler temperatures between the seventeenth century and the middle of the nineteenth century." Viewed in historic terms, global climate change is a natural phenomenon. Over the past one hundred years, the earth's average global temperature has generally increased by one degree Fahrenheit. In some regions of the world, the increase has been as much as four degrees Fahrenheit.' Many scientists studying the particularly rapid rise in global temperatures durinv the late twentieth century say that natural variability does not alone account for what is happening now. Rather, they say, human activity spawned by the industrial revolution has resulted in increased emissions of carbon dioxide and other forms of "greenhouse gas" (GHG), primarily from the burning of fossil fuels (during motorized transport, electricity generation, consumption of natural gas, industrial activity, manufacturing, etc.) and deforestation, as well as agricultural activity and the decomposition of solid waste. These scientists refer to the global warming context of the past century as the "enhanced greenhouse effect" to distinguish it from the natural greenhouse effect .7 While the increase in temperature is known as "global warming," the resulting change in weather patterns is known as "global climate change." Global climate change is evidenced in wind patterns, storms, precipitation, and air temperature. The human - produced GHGs believed to be responsible for the enhanced greenhouse effect and their relative influence on the global warming process (i.e., their relative ability to trap heat in the atmosphere) are estimated to be: carbon dioxide (CO2) (53 percent); methane (CH,) (17 percent); near - surface ozone (03) (13 percent); nitrous oxide (N20) (12 percent); and chlorofluorocarbons (CFCs) (5 percent). The most common GHG is CO2, which constitutes approximately 84 percent of all GHG emissions in California (California Energy Commission, 2006). Worldwide, the State of California ranks as the 12th to 16th largest emitter of CO2 (the most prevalent GHG) and is responsible for approximately 2 percent of the world's CO2 emissions (CEC 2006). The warming pattern of the last 100 years, however, does not present a steady and consistent rise in the earth's temperature. Scientists have noted significant warming between 1910 and 1940, moderate cooling from 1940 to 1975, and a large warming again starting in 1975.8 Additionally, there remains debate over the precise extent to which the enhanced greenhouse effect differs from the natural greenhouse effect, as well as the amount of the change in temperature and climate which can be attributed to human activity, as opposed to natural cycles. There is, however, general agreement within the scientific community that increasing emissions of GHGs have significantly contributed to a trend of increasing the Earth's average temperature and that human activity plays a significant role in those emissions. It also is generally agreed that the warming of the earth produces changes in the Earth's climate. Methodology has been evolving over the past several years relative to the evaluation under CEQA of the potential impacts of GHG emissions upon global climate change and, in turn, the impacts of global climate change upon the environment. The evaluation contained in this MIND reflects the City's thorough investigation and analysis of the proposed Project's incremental contribution to greenhouse gas emissions and the potential impacts those emissions may have on the environment. This evaluation has been shaped by (i) the provisions of CEQA and its Guidelines (and, specifically, newly effective CEQA Guidelines addressing the evaluation of GHG emissions) which dictate the required scope and extent of 'Id. 58rohan, P., J.J. Kennedy, I. Haris, at al., Uncertainty estimates in regional and global observed temperature changes: a new dataset from 1850. Journal of Geophysical Research, 2006. 111: p. D12106, doi:10.1029/2003JA009974. °Intergovernmental Panel on Climate Change. 2001. "Comparison between modeled and observations of temperature rise since the year 1860." In Climate Change 2001: Synthesis Report, Contribution of Working Groups 1, II, and III to the Third Assessment Report. Robert T. Watson and the Core Writing Team, ads. Cambridge University Press, Cambridge, UK. 'Climate Change 101: Understanding and Responding to Global Climate Change, published by the Pew Center on Global Climate Change and the Pew Center on the States. 8 Id. NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 58 impact analysis, and (ii) the City's recently employed methodology for the evaluation of GHG emissions which supplements CEQA's requirements. Additional background is as follows: AB 32 and Amended CEQA Guidelines In adopting the California Global Warming Solutions Act of 2006 (commonly known as "AB 32 "), the State Legislature declared that "[g]lobal warming poses a serious threat to the economic well- being, public health, natural resources, and the environment of California." Further, the Legislature determined that "the potential adverse impacts of global warming include the exacerbation of air quality problems, a reduction in the quality and supply of water to the state from the Sierra snowpack, a rise in sea levels resulting in the displacement of thousands of coastal businesses and residences, damage to marine ecosystems and the natural environment, and an increase in the incidences of infectious disease, asthma, and other human health - related problems" The Legislature added that "[ g]lobal warming will have detrimental effects on some of California's largest industries' and will "increase the strain on electricity supplies necessary to meet the demand for summer air - conditioning in the hottest parts of the state." AB 32, however, did not amend CEQA or establish regulatory standards to be applied to new development or environmental review of projects within the State. Rather, AB 32 initiated a long -term program for "the development of [GHG] emissions reduction measures." Quoting from a public notice prepared by the staff of the California Air Resources Board ( "GARB ") in connection with a meeting on October 25, 2007, to consider "early discrete actions," AB 32 "creates a comprehensive, multi -year program to reduce greenhouse gas (GHG) emissions in California, with the overall goal of restoring emissions to 1990 levels by the year 2020." The Act recognizes that such an ambitious effort requires careful planning and a well thought out set of strategies. Despite some perceptions to the contrary, neither AB 32 nor subsequent actions taken to date by either the Legislature, the Governor, the California Air Resources Board (CARB), or the Governor's Office of Planning and Research (OPR) have established either (i) specific new regulatory standards as part of a statewide or regional plan to curb global warming impacts, or (ii) thresholds of significance for the evaluation of either direct or cumulative impacts under CEQA. Certain milestones were, however, established by the Act, including an important milestone for the adoption of amended CEQA Guidelines intended to address the methodology for evaluating GHG impacts (the "Amended Guidelines "). Those Amended Guidelines have been adopted and became effective on March 18, 2010. However, while the Amended Guidelines provide guidance to public agencies in their analysis under CEQA of GHG emissions and call for a "good -faith effort, based to the extent possible on scientific and factual data, to describe, calculate or estimate the amount of greenhouse gas emissions resulting from a project" (CEQA Guidelines Section 15064.4), they do not establish any specific thresholds to be used by agencies in evaluating the significance of potential GHG impacts. Therefore, this MND evaluates potential GHG impacts by following the guidance of the Guidelines in the context of the overall directives of CEQA for impact evaluation. To supplement that CEQA analysis, this MND also evaluates potential GHG impacts using a separate threshold recently employed by the City for the evaluation of GHG emissions. Global Climate Change in the CEQA Context The evaluation of a project's impacts on global climate change begins with an analysis of the project's GHG emissions. Greenhouse gases include CO2, CH4, NZO, and CFCs. CO2 is the GHG most focused upon, because it exists in greatest volume in the atmosphere. Currently CO2 levels are approximately 380 ppm (parts per million). Prior to the industrial era (which began in the late 1800s), CO2 levels in the atmosphere had not exceeded 280 ppm, for the last million years. Due to human activities after the onset of the industrial era, GHGs, including COZ, have risen at exponential levels. It is well documented that human activities are a direct cause of increases in GHG concentrations in the atmosphere over this time period. NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2OO5 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 59 A particular challenge to global climate change analysis under CEQA, however, is that while the evaluation of a project's direct impacts may start with the simple question of whether the project contributes to an environmental effect such as global climate change, it does not end there. Rather, CEQA requires a legitimate determination as to whether the project contributes to a level that makes that contribution significant. CEQA defines a "significant effect on the environment" as a substantial, or potentially substantial, adverse change in the environment. Exactly what contribution to an impact is required for an impact to be "significant" is evaluated through the establishment of a "threshold of significance. "9 A threshold of significance cannot be an arbitrary measure. With respect to global climate change and absent an adopted regulatory standard, the establishment of a feasible and practical significance threshold which meets the requirements of CEQA and the United States Constitution has proved challenging. Because GHGs are well mixed in the atmosphere and remain in the atmosphere for periods ranging from decades to centuries, GHG emissions from each single worldwide source commingle with emissions from all other worldwide sources in a matter of days to influence climate change on a global, rather than local or regional, basis.'' California GHG emissions, for example, do not specifically produce global climate change impacts in California, but rather quickly commingle with GHG emissions from around the world to influence global climate change patterns throughout the world. This "commingled" nature of GHG emissions makes it infeasible to assess the relative contribution of any one project's GHG emissions to worldwide GHG emissions without undue speculation. So, while certain emissions may contribute to both air quality and global climate change impacts, air quality impacts represent an entirely different phenomenon than global climate change impacts. Therefore, the analysis of the impact of GHG emissions on global climate change requires different methodology than does the analysis of the impact of the emission of air pollutants on air quality conditions. CEQA does not authorize the imposition of mitigation measures that do not comply with the doctrines of "nexus" and "rough proportionality' (see CEQA Guidelines §15126.4(a)(4)(A and B). These doctrines have been articulated by the United States Supreme Court and provide, in essence, that before mitigation may be imposed upon a proposed project, (i) there must be a direct relationship (i.e., "nexus ") between the impacts of the project and the mitigation imposed and (ii) the mitigation required must be "roughly proportional" to the project's contribution to the impact relative to existing conditions and other projects. Thus, even if it were feasible to evaluate the impacts of a small project on global climate change, mitigation of that project's contribution to global climate change may be required only if (i) the proposed project's impact can be determined based upon an appropriate threshold of significance, (ii) feasible mitigation can be identified which has a nexus to the impact, and (iii) the mitigation is roughly proportional to the proposed project's relative contribution to the impact. These criteria also are infeasible, if not impossible, to apply without speculation. CEQA also allows a project to be evaluated for consistency with "applicable general plans and regional plans" (see CEQA Guidelines §15125(e)). Such plans would include, for example, "the applicable air quality attainment or maintenance plan." These plans involve legislative or regulatory programs applicable to all projects within the region. They establish standards which are independent of the impact analysis described in the CEQA Guidelines (see provisions beginning with Section 15126). Therefore, the "measuring stick" of a regional plan does not require a typical CEQA impact analysis in order to ensure compliance with that plan. While the program for GHG emissions reductions and maintenance which ultimately is intended to result from AS 32 will likely constitute such a regional plan once it is adopted, that AB 32 program does not yet exist and may not be in place for several years. No other program establishing such regulatory standards has yet been adopted. Therefore, there is not yet a regional or statewide plan regulating global warming by which the Proposed Project can be measured. "CEQA Guideline §15064.7 defines a "threshold of significance" as "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." 10Pew Center for Global Climate Change (2003). Designing a Mandatory Greenhouse Gas Emissions Reduction for the U.S., retrieved March 12, 2007, from htto:// www. oewclimate.oro /docUDloads /USGas / 2E odf. NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 60 Each of these considerations bears on this MND's evaluation of the potential impacts of GHG emissions on global climate change. Threshold for Determining Significance There is general scientific acceptance that global warming is occurring and that human activity is a significant contributor to the process, suggesting to some that the emission of even a minute amount of GHG contributes to the warming process. However, under CEQA, such a conclusion would result in an improper threshold. The reasons are straightforward. First, because regulatory programs establishing specific GHG emission standards have not been adopted, the CEQA analysis of global climate change, must focus only on the "relative' — as opposed to "absolute" — effects of a project, using existing environmental conditions as a baseline. That means that the evaluation of a proposed project's potential GHG impacts must determine whether the proposed project's contribution to global climate change is significant when compared to the conditions existing when preparation of the EIR began. Second, of precise relevance to any argument that even small amounts of GHG emissions are intended to be prohibited by AB 32, AB 32 explicitly established the State's policy that "de minimis" emissions shall not be subject to regulation. Specifically, AB 32 requires that CARB "recommend a de minimis threshold of greenhouse gas emissions below which emission reduction requirements will not apply." Direct Impacts Given the scope and magnitude of global GHG emissions, there is little, if any, support in the scientific and environmental communities for the proposition that an isolated project's relatively miniscule contribution of GHG standing alone (i.e., a direct, as opposed to cumulative, project impact) would significantly alter the course of global climate change. In its April 13, 2009, letter to the Secretary for Natural Resources accompanying the proposed Amended Guidelines, CPR stated that the "impact resulting from greenhouse gas emissions are cumulative in nature." In a 2008 Technical Advisory, OPR noted that "climate change is ultimately a cumulative impact" Essentially, with the theoretically possible exception of an extremely large project emitting extreme amounts of GHG, a project's "net "" contribution to GHG emissions relative to existing conditions is subject to evaluation, if at all, only on a cumulative basis. Cumulative Impacts With respect to cumulative impacts, CEQA establishes specific criteria for impact evaluation when assessing whether an EIR must be prepared. (CEQA Guidelines §15064(h). The Initial Study and /or MND must determine if the proposed project's effects would be "cumulatively considerable," meaning "that the incremental effects of an individual project are significant when viewed in connection with the effects of past projects, the effects of current projects, and the effects of probable future projects." (CEQA Guidelines §15065(h)(1)). Section 15064(h)(3) of the Guidelines provides that a "lead agency may determine that a project's incremental contribution to a cumulative effect is not considerable if the project will comply with the requirements in a previously approved plan or mitigation program which provides specific requirements that will avoid or substantially lessen the cumulative problem." As noted above, no such plan or program yet exists. Section 15130 of the Guidelines sets forth the methodology by which an EIR must assess the significance of cumulative impacts. Because the MND criteria set forth in Section 15064(h)(1) and 15064(h)(3) are essentially the same as those set forth in the more detailed Section 15130, this MND utilizes that more " "Net" refers to the relative, rather than absolute, contribution of a proposed project when compared to the existing environmental conditions. NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 61 detailed description as guidance in its evaluation of whether the Proposed Project's potential cumulative impacts related to global climate change are significant and cumulatively considerable. Section 15130(b) states that the "following elements are necessary (emphasis added) to an adequate discussion of significant cumulative impacts: "(1) Either: (A) A list of past, present, and probable future projects producing related or cumulative impacts, including, if necessary, those projects outside the control of the agency, or (B) A summary of projections contained in an adopted general plan or related planning document, or in a prior environmental document which has been adopted or certified, which described or evaluated regional or area wide conditions contributing to the cumulative impact. Any such planning document shall be referenced and made available to the public at a location specified by the Lead Agency." Obviously, absent gross speculation, a list of past, current, and reasonably foreseeable future projects throughout the world which potentially contribute to global warming is not feasible to assemble. And, as discussed above, there is not yet an adopted or certified planning document which contains a summary of projections based on known or likely worldwide projects. Therefore, this MIND cannot feasibly evaluate potential cumulative project global climate change impacts in the "necessary' manner currently required by CEQA. With this extensive background, the analysis of the potential effects of the Proposed Project is as follows: a) Would the project generate greenhouse gas emissions either directly or indirectly, that may have a significant impact on the environment? Less than Significant Impact. During project construction, the URBEMIS2007 computer model predicts that a peak activity day in the single worst case year of construction (2009 during demolition and grading) will generate 9,004.8 pounds /day of COZ. Equipment exhaust also contains small amounts of methane and nitric oxides, which are also GHGs. Non -0O2 GHG emissions represent approximately a three percent increase in CO2-equivalent (CO2e) emissions from diesel equipment exhaust. For purposes of analysis, it was assumed that the non -0O2 GHG emissions from construction equipment are negligible, and that the total project construction GHG burden can be characterized by 40 peak activity days. The estimated annual GHG impact is estimated to be 164 metric tons (MT) /year, if all the above activities were to occur in a single year. For screening purposes, the temporary construction activity GHG emissions were compared to the chronic operational emissions in the SCAQMD's interim thresholds. The proposed industrial operational threshold is 10,000 metric tons (MT) of CO2e per year.72 Grading activities generating 164 MT are well below this threshold. Construction activity GHG emissions are also below the proposed operational screening criteria of 3,000 MT for non - industrial uses.13 The Proposed Project's daily operational CO2e emissions will be less than existing emissions from reduced project -site travel. The annual reduction of 574 MT (631 "short" tons) of CO2e emissions will offset the 196 MT of "new" CO2e emissions generated by the Proposed Project. Because the Proposed Project will generate fewer GHG emissions than are generated under existing environmental conditions and despite the challenge of establishing thresholds of significance for global climate change impacts, it can be fairly stated that under any threshold which would be permitted by CEQA, the Proposed Project will not have a significant impact on global climate change. 12 Recommended by the South Coast Air Quality Management District. 13 Id. NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 62 As a result, the Proposed Project will not produce GHG emissions to a level which will have a significant impact on global climate change. b) Would the project conflict with an applicable plan, policy or regulation, adopted for the purpose of reducing the emissions of greenhouse gases? Less than Significant Impact. As discussed extensively above, there is not yet a plan, policy, or regulation adopted to reduce GHG emissions which is applicable to the Proposed Project. The City of Newport Beach, however, has implemented an informal policy for the environmental evaluation of potential GHG impacts of proposed projects. That policy provides that, until more guidance is provided from the expert agencies such as CARIB and /or SCAQMD, the City intends to consider projects emitting 1,600 metric tons of COze or less per year to be less than significant contributors to global climate change, thereby not requiring further analysis. For projects exceeding the screening threshold of 1,600 metric tons of CO2e emissions per year, the City will consider those projects to have significant impacts if they either (1) are not substantially consistent with policies and standards set out in federal, state, and local plans designed to reduce GHGs or (2) would emit more than 6,000 metric tons of CO2e per year. Projects that do not meet these thresholds would be considered to have significant impacts, and thus could be expected to impede the State's mandatory requirement under AB 32 to reduce statewide GHG emissions to 1990 levels by 2020. As set forth above, in a "worst case" year, the Proposed Project's daily CO2e emissions during construction will equal no more than 164 metric tons. The operational activities of the Proposed Project, which, under CEQA, must be evaluated not in "absolute" terms, but rather by comparison to existing environmental conditions, will not only be well below the City's informal threshold at 196 metric tons per year on an absolute basis, but will actually reduce overall operational GHG emissions by approximately 378 metric tons per year on an ongoing basis. Therefore, not only will the Proposed Project not conflict with any adopted plan, policy, or regulation pertaining to GHG emissions and comply with the City's informal GHG threshold, it will actually reduce GHG emissions on a long -term basis. As a result, the Proposed Project will not produce GHG emissions to a level which will have a significant impact on global climate change. Speculation and Guidelines Section 15145 Finally, it must also be noted that Section 15145 of the CEQA Guidelines provides that "[i]f, after thorough investigation, a lead agency finds that a particular impact is too speculative for evaluation, the agency should note its conclusion and terminate discussion of the impact" Beyond the analysis contained in this MIND, which, standing alone, complies with CEQA's analysis requirements, technical data does not yet exist that would allow the City to determine without the use of undue speculation how a project of this size would, relative to other proposed projects throughout the world, contribute to global climate change. Evaluation using speculative "per capita" or other projections of worldwide GHG emissions based upon projections of population growth over many decades may provide valuable information, but would not constitute an analysis of the "incremental effects" of the project in either of the contexts identified in Section 15130(b) of the CEQA Guidelines which are discussed above. Therefore, because (i) CEQA prohibits speculative analysis and (ii) the Proposed Project's projected GHG emissions will not exceed those generated under existing environmental conditions, further analysis is not required. Mitigation Measures Because there are no impacts related to global climate change, no mitigation measures are required. However, it should be noted that the following standard conditions and project design features have been incorporated into the Proposed Project and will contribute to the Proposed Project's net long term reduction of GHG emissions. SC -12 All new buildings shall meet Title 24 requirements. SC -13 Water conservation design features shall be incorporated into building and landscape designs NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 63 PDF -1 Design of buildings shall take into account the location of building air intake to maximize ventilation efficiency and incorporate natural ventilation. PDF -2 The buildings shall incorporate energy- conserving heating and lighting systems. PDF -3 The project shall incorporate fast - growing, low water use landscape to enhance carbon sequestration and reduce water use. VIII. HAZARDS AND HAZARDOUS MATERIALS a) Would the project create a significant hazard to the public or the environment through routine transport, use, or disposal of hazardous materials? Less than Significant with Mitigation Incorporated. Construction activities associated with the proposed project would include oil, gas, tar, construction materials and adhesives, cleaning solvents and paint, and other similar construction - related materials. Transport of these materials to the site and use on the site would only create a localized hazard in the event of an accident or spills. Hazardous materials use, transport, storage and handling would be subject to federal, state and local regulations to reduce the risk of accidents. Equipment maintenance and disposal of vehicular fluids is subject to existing regulations, including the National Pollutant Discharge Elimination System (NPDES). Given the nature of the project in terms of scope and size (i.e., redevelopment of existing private golf and tennis facilities), it is anticipated that normal storage, use and transport of hazardous materials will not result in undue risk to construction workers on the site or to persons on surrounding areas. The use and disposal of any hazardous materials on the site and in conjunction with the project will be in accordance with existing regulations. With the exception of quantities of pesticides, fertilizers, cleaning solvents, paints, etc., that are typically used to maintain the golf course located on the property, on -going operation of the Newport Beach Country Club and proposed residential and resort uses will not result in the storage or use of significant quantities of hazardous materials beyond that currently used. As a result, no significant impacts are anticipated related to the use, disposal and /or storage of hazardous materials in association with the proposed uses. As indicated in Section Vlll.c, remediation of the ACM and _BP in accordance with regulatory requirements would avoid any potential impacts previously identified. No additional mitigation measures are required. b) Would the project 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. According to historical sources and regulatory database information, the subject property (1600 East Coast Highway) was previously equipped with a 550 - gallon underground gasoline storage (UST) tank that was installed in the southwestern corner of the property in 1965 and removed in 1987. A Summary of Remedial Operations Report was prepared (1987), which revealed that the tank had a dime -sized hole in the bottom. Subsequent sampling and laboratory analysis were undertaken that indicated elevated levels of hydrocarbon, including aromatic constituents' benzene, were present in the subsurface soil below the excavation pit. Excavation and sampling of the soils were conducted, which indicated that the constituents analyzed were non - detect'" and closure was granted by the Orange County Health Authority (sic). Based on the results of the previous investigation and regulatory closure, the former 550 - gallon UST in the southwestern portion of the subject property is not expected to represent a significant environmental concern. The proposed project's demolition and construction do not involve any activities and /or uses that would utilize hazardous materials or other substances that would, if released into the environment, create a safety or health hazard, other than those which are part of the existing environmental conditions because they are currently used to maintain the golf course and related facilities. The nature of the existing golf course use involves the application, storage, and mixing of pesticides and herbicides on the property. 14 Partner Engineering and Science, Inc.; Addendum Letter dated March 29, 2010. NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 64 The chemicals are utilized to service the golf course greens and fairways. The chemicals, fertilizers and other hazardous materials will continue to be maintained on the premises in accordance with existing and future regulatory storage and use requirements. As a result, no significant impacts are anticipated and no mitigation measures are required. In addition, two 55- gallon drums of waste oil within the maintenance area of the golf course were observed during the field investigation conducted during the Phase I ESA. The drums were used to store waste oil during golf cart repair activities and were stored over secondary containment. No spills, leaks or drains were observed near the vicinity of the drains. Based on the good housekeeping practices and lack of direct conduit to the subsurface of the subject property near the waste oil drums, these drums are not expected to represent a significant environmental concern. No changes in these operations or activities are anticipated as a result of project implementation. Continued compliance with regulatory requirements will ensure that no potentially significant impact would occur. No mitigation measures are required. Two ponds are located within the boundaries of the golf course. No violations were noted during the research and information search. No hazardous materials were noted near the vicinity of the ponds, which are located throughout the golf course. Based on the lack of documented releases and evidence of hazardous materials near the ponds, they are not expected to pose a significant environmental concern or hazard. Finally, three (3) pole- mounted transformers were observed on the subject property. The transformers are not labeled indicating PCB content. No staining or leakage was observed in the vicinity of the transformers. Based on the good condition of the equipment, the transformers are not expected to represent a significant environmental concern. The transformers appear to be owned by Southern California Edison (SCE), which would be responsible for maintenance of these facilities. Additionally, no other potential PCB - containing equipment (e.g., interior transformers, oil- filled switches, hoists, lifts, dock levelers, hydraulic elevators, etc.) was observed on the subject property during the site reconnaissance. C) Would the project emit hazardous emissions or handle hazardous or acutely hazardous material, substances, or waste within one - quarter mile of an existing or proposed school? Less than Significant Impact. Visual asbestos surveys were conducted by Con -Test in 1992 and also during a Phase I ESA by prepared by Law /Crandall, Inc., in 1994. During that latter visual survey, several areas within the Newport Beach Country Club facilities were observed to have asbestos containing materials (ACM), including: Floor tile located in the back office of the first floor of the clubhouse. Vinyl flooring located on the second floor next to the ballroom of the clubhouse. Floor tile located on the first floor in the women's restroom near the office area of the clubhouse. Vinyl flooring located on the first floor in the restaurant waiter's room of the clubhouse. Spray - applied acoustical ceiling located in the manager /receptionist offices, professional shop, dressing room, and women's locker room of the clubhouse. Exterior plaster located outside the professional shop of the clubhouse. Air cell pipe insulation located in the restroom hallway of the kitchen, janitor storage room, and the roof attic mechanical area of the clubhouse. Air cell duct insulation located in the roof attic mechanical area. Pipe elbow insulation located in the roof attic mechanical area of the clubhouse. Roof penetration sealant located at the perimeter flashings and penetrations of the low and high roof of the clubhouse. The visual asbestos survey conducted by Law /Crandall, Inc., also concluded that the ACM reported in a prior survey conducted in 1992 by Con -Test was still present at the site. The Law /Crandall asbestos survey recommended that the ACM be maintained in place by instituting an operations and maintenance (O &M) program (i.e., repair damaged asbestos, clean up of contaminated areas, notification and training of employees, routine inspections of ACM, etc.), which should continue until the ACM is removed. NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 65 A limited visual evaluation of accessible areas was also conducted during the preparation of the most recent Phase I ESA prepared by Partner Engineering and Science, Inc., for the presence of suspect ACM. Based on that limited survey, suspect ACMs were noted in the acoustic ceiling tiles, vinyl floor tiles, and drywall systems within the buildings located on the subject property. All of the ACM and PACM (presumed asbestos - containing materials) were noted to be in good condition. Demolition of the existing Golf Clubhouse and other structures, which were constructed in 1964, is proposed by the applicant. Without proper remediation, it is possible that ACM could be released into the environment; however, according to the Environmental Protection Agency (EPA), ACM and PACM that are intact and in good condition can, in general, be managed safely in -place under an Operations and Maintenance (O &M) program until removal is dictated by renovation, demolition, or deteriorating material conditions. As indicated above, an O &M program was recommended in 1994 following completion of the Law /Crandall asbestos survey. In addition to ACM, it is also possible that lead -based paint (LBP) may also exist within the structures; however, due to the commercial nature of the current use of the property, LBP was not considered within the scope of the Phase I ESA. Because the structures were built in 1964, it is also possible that LBP may exist within the structures. Similar to ACM, the release of LBP into the environmental could pose a potential health risk, given the proximity of the residential uses in the project environs. Therefore, prior to any disturbance of the structures and construction materials within the project site, a comprehensive ACM and LBP survey shall be conducted and appropriate measures prescribed to ensure that no release of either ACM or LBP occurs, including during remediation and transport and disposal of those materials. Remediation shall comply with all applicable regulatory requirements. Air emissions of asbestos fibers and leaded dust would be reduced to below a level of significance through compliance with existing federal, state, and local regulatory requirements. d) Would the project 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. Information from standard federal, state, county, and city environmental record sources provided by Track Info Services Environmental FirstSearch was included in the Phase I ESA. This information revealed that with the exception of the UST previously discussed (refer to Section Vlll.b), the subject property is not included on any lists of hazardous materials sites compiled pursuant to Government Code Section 65962.5. Table 5 summarizes the results of the data base records searches, which revealed that no environmental concerns were identified on the site or within the requisite distances. Based on the database search conducted for the proposed project and included in the Phase I ESA, neither the subject property nor other properties identified within one mile of the site would expose the site and /or future users to an environmental concern or hazard. No significant impacts are anticipated and no mitigation measures are required. Radon has been identified as a potentially hazardous element. The U.S. Environmental Protection Agency (EPA) has developed a map to assist National, State, and local organizations to target their resources and to implement radon - resistant building codes. The EPA has identified a limit of 4.0 picoCuries per Liter (pCi1L) as the "Action Limit' for Radon. Radon sampling was not conducted as part of the Phase I ESA. However, review of the EPA Map of the Radon Zones places the subject property in Zone 3, where average predicted radon levels are less than 2.0 pCi /L. Therefore, potential impacts are anticipated to be less than significant. NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 66 Table 5 Summary of Environmental Database Search Newport Beach Country Club As indicated above, no recognized environmental conditions (REC)' were identified during the on -site investigation and /or database search conducted for the proposed project and discussed in the Phase I ESA. As a result, no potentially significant health hazards or environmental hazards are anticipated and no mitigation measures are required. 'The presence or likely presence of any hazardous substance or petroleum product on a property under conditions that indicate an existing release, a past release, or a material threat of a release of any hazardous substances or petroleum products into structures on the property or into the ground, groundwater, or surface water of the property. Applicable Database Radius Results Federal National Priorities List (NPL) 1 Mile No sites Federal Comprehensive Environmental Response, Compensation and Liability Information System % Mile No sites (CERCLIS Federal CERCLIS — No further Remedial Action /z Mile No sites Planned NFRAP Federal Resource Conservation and Recovery Act (RCRA) Corrective Action (CORRACTS Facilities 1 Mile No sites Federal RCRA Treatment, Storage and Disposal /� Mile No sites (TSD List Federal RCRA Generator List 1/8 Mile 2 facilities Federal Institutional Controls /Engineering Controls Y< Mile No sites (IC /EC Federal Emergency Notification Systems (ERNS) No sites on or adjacent to the subject property Tribal lands 1 Mile No sites State/Tribal Sites 1 Mile No sites State Spills Sites (SPILLS) 1/8 Mile No sites Solid Waste Landfill Facilities SWLF % Mile No sites State /Tribal Leaking Underground Storage Tanks % mile 21 sites (LUST) 1/8 Mile 8 sites State /Tribal Underground Storage The subject property and 3 Tank/Aboveground Storage Tank List UST /AST) additional sites3 State /Tribal VCP /z Mile No sites State /Tribal Brownfield Sites /z Mile I No sites 'These sites are not located adjacent to the site and, based on the relative distance, are not expected to pose a significant environmental concern. ZNone of the UST sites identified in the database search include such facilities as the Newport Police Department, service stations, etc., which do not pose a potential environmental concern or hazard to the subject property. 3Neither the subject property nor the UST /AST sites identified in the Phase I ESA pose a potential environmental concern or hazard. SOURCE: Partner Engineering and Science, Inc. (April 3, 2009) As indicated above, no recognized environmental conditions (REC)' were identified during the on -site investigation and /or database search conducted for the proposed project and discussed in the Phase I ESA. As a result, no potentially significant health hazards or environmental hazards are anticipated and no mitigation measures are required. 'The presence or likely presence of any hazardous substance or petroleum product on a property under conditions that indicate an existing release, a past release, or a material threat of a release of any hazardous substances or petroleum products into structures on the property or into the ground, groundwater, or surface water of the property. NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 67 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? No Impact. The project site is located approximately 4.0 miles south of John Wayne Airport (JWA). A portion of the Newport Beach Country Club property is located within the Airport Environs Land Use Plan ( AELUP) Notification Area (i.e., FAR Part 77) for JWA. Although operations at JWA would not pose a safety hazard for the golf course and related facilities or future occupants and /or visitors at the site due to the proximity of the project to the airport, the City is required to submit the PC Amendment to the Airport Land Use commission (ALUC) for a determination of consistency in accordance with Section 4.3 of the AELUP prior to adoption by the City. Therefore, no significant impacts are anticipated and no mitigation measures are required. 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? No Impact. The subject property is not located within proximity to a private airstrip. Development of the site as proposed will not result in potential adverse impacts, including safety hazards, to people utilizing the proposed golf and tennis amenities or others residing or working in the project area. Therefore, no significant impacts will occur as a result of project implementation and no mitigation measures are necessary. g) Would the project impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Less than Significant Impact. The City of Newport Beach has prepared an Emergency Operations Plan that designates procedures to be followed in case of a major emergency. Pacific Coast Highway is designated as an evacuation route in the City. The project site is not designated for emergency use within the Emergency Operations Plan. The primary concern of the Public Safety Element and the City of Newport Beach is in terms of risks to persons and personal property. Although the site is subject to seismic shaking, development pursuant to building and fire code requirements will ensure that the potential impacts are minimized or reduced to an acceptable level. The site is not located within a flood hazard area or subject to such potential disasters. Development of the subject property as proposed will not adversely affect either the evacuation routes or the adopted emergency operations planning program(s) being implemented by the City of Newport Beach. Potential circulation impacts associated with construction will be temporary in nature and will be addressed through the Construction Staging Plan that will be implemented (refer to Section XVI.f.) In addition, any construction vehicles within the public right of way are prohibited from completely blocking vehicular and emergency access by the Vehicle Code. As a result, potential short -term circulation impacts associated with construction would not be significant. h) Would the project 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. Neither the project site nor the surrounding areas are not located within a "Potential Fire Hazard Area" as identified by the Newport General Plan Public Safety Element. The subject property is located within an urbanized area of the City of Newport Beach. No significant areas of natural vegetation and /or habitat exists on the site and the proposed project would not be directly affected by the potential for wildland fires. There are no major urban or wildland fire hazards that pose a significant threat to the development. Therefore, the site is not subject to a potential risk of wildland fires. No significant impacts as a result of wildland fires will occur if the project is implemented and no mitigation measures are necessary. NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 68 Mitigation Measures The following measures shall be implemented to ensure that no potentially significant hazards or hazardous material impacts identified in the preceding analysis occur. SC -14 Prior to any disturbance of the construction materials within the Golf Clubhouse and /or the Tennis Clubhouse, a comprehensive ACM and LBP survey shall be conducted. Any repairs, renovations, removal or demolition activities that will impact the ACM and /or LBP or inaccessible ACM shall be performed by a licensed asbestos contractor. Inaccessible suspect ACM shall be tested prior to demolition or renovation. Proper safety procedures for the handling of suspect ACM and LBP shall be followed in accordance with federal, state and local regulatory requirements federal and California Occupation Safety and Health Administration (OSHA), and Air Quality Management District (AQMD) Rule 1403, which sets forth specific procedures and requirements related to demolition activities involving asbestos containing materials and SCAQMD Regulation X - National Emission Standards For Hazardous Air Pollutants, Subpart M - National Emission Standards For Asbestos, which include demolition activities involving asbestos. SC -15 During demolition, grading, and excavation, workers shall comply with the requirements of Title 8 of the California Code of Regulations Section 1532.1, which provides for exposure limits, exposure monitoring, respiratory protection, and good working practice by workers exposed to lead. Lead - contaminated debris and other wastes shall be managed and disposed of in accordance with the applicable provision of the California Health and Safety Code. IX. HYDROLOGY AND WATER QUALITY a) Would the project violate any water quality standards or waste discharge requirements? Less than Significant impact. Waste discharges associated with this project that could affect water quality would be limited to non -point source discharges, including potential storm water runoff of construction materials and wastes and storm water runoff from the developed site. This project would not generate any point sources of water pollution; all wastewater generated by the proposed project would discharge directly to the City's sanitary sewer system, which would not affect the present permit to operate the affected wastewater treatment plant. Because the proposed project consists of development similar to existing and adjacent properties, the raw sewage that would be generated by the proposed project would be similar in nature to that now generated and would not significantly affect wastewater treatment. Potentially adverse water quality impacts during the construction phases would be avoided through compliance with existing regulatory programs administered by the City of Newport Beach and the Santa Ana Regional Water Quality Control Board (RWQCB). While it is impossible to anticipate all potential environmental issues that could arise on a daily basis during the course of the project, the site will be designed to address sediment and erosion control for both temporary (i.e., construction) and long -term (i.e., operational) activities occurring on the subject property. The water quality features incorporated into the project will be selected to address the main pollutants of concern for a project of this type, and for the impacted water body, i.e. Newport Bay. Newport Bay, which is located approximately 0.5 mile from the site, is listed as an "impaired" water body under Section 303(d) of the Clean Water Act, with respect to copper, nutrients, pathogens, pesticides (e.g., chlordane, DDT, PCBs, etc.), and sediment toxicity. The pollutants of concern associated with the proposed project include sediment, nutrients, pathogens (i.e., bacteria /viruses), and pesticides. Urban runoff pollutants and their potential sources are summarized in Table 6. NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 69 Table 6 Urban Runoff Pollutants Newport Beach Country Club Pollutants Potential Source 303(d) Listing Sediment/Turbidity Landscape Activities Lower Newport Bay (801.14 ) Sediment Nutrients Fertilizers Lower Newport Bay 801.14) Nutrients Bacteria and Viruses Animal Waste Lower Newport Bay (801.14 ) Nutrients Oil and Grease Automobiles N/A Oxygen Demanding Substances Landscape Activities N/A Trash and Debris I Human Waste I N/A Pesticides Landscape Activities Lower Newport Bay (801.14 (Chlordane, DDT, Or anos hos hate pesticides SOURCE: Adams Streeter, Civil Engineers, Inc. (January 14, 2009 Implementation of the water quality features prescribed in the NPDES Technical Study prepared for the project, prior to issuance of the grading permit, will ensure that this project does not violate any water quality standards during construction. As a result, no significant impacts are anticipated and no additional mitigation measures are required. In accordance with the Water Quality Management Plan that will be prepared for the project, appropriate BMPs will be incorporated to ensure that water quality impacts are minimized, including for the hand car wash, which includes a feature to capture and clean the wash water before it enters the sanitary sewer system. It is important to note that no water quality features exist within the limits of the project site. As a result, surface runoff currently emanating on the site and entering Newport Harbor is not treated. However, project implementation will incorporate BMPs that will treat the surface runoff associated with the existing and proposed development and will discharge treated water that will meet discharge requirements prescribed for Newport Harbor. Tables 10 (General Plan Policy Analysis) and 11 (Coastal Land Use Policy Analysis) in Section X (Land Use and Planning) provide a discussion of the project's consistency with relevant General Plan and Coastal Land Use Plan policies related to water quality. As indicated in that discussion, the proposed project is consistent with meeting the intent of minimizing potential water quality impacts. Therefore, no long -term water quality impacts are anticipated as a result of project implementation. b) Would the project 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)? No Impact. This project would not result in a significant increase in water demand and the project's potable and non - potable water demands would be met through a connection to the City's domestic water system. The proposed project would actually result in some increased groundwater recharge through its design, which includes a decrease in the amount of impervious surfaces (i.e., a concomitant increase in the amount of pervious surfaces on the site), thereby resulting in increased groundwater recharge. No water wells are proposed or required to meet the water demands of this project. There are no water wells located on or near the site, and since this project would not affect any existing wells or require any new water wells, the project will not result in the lowering of the water table. No significant impacts to groundwater recharge are anticipated and no mitigation measures are required. NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 70 C) Would the project 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. No stream or river exists on site, which is developed with a Golf Club, clubhouse and related ancillary facilities and the Tennis Club. The portion of the property that is the subject of the proposed improvements encompasses less than 20 acres within five drainage areas. Existing surface runoff generated on the subject property is directed through each drainage area to existing on -site storm drain facilities before entering a 69 -inch reinforced concrete pipe (RCP) that extends under Coast Highway and to a discharge point in Newport Harbor west of the site, which has been identified as containing "environmentally sensitive areas" as defined by the 2003 Orange County Drainage Area Management Plan (DAMP) and the Water Quality Control Plans for the Santa Ana Basin. Although on -site soils would be exposed during grading of the property, a variety of Best Management Practices (BMPs) would be implemented both during construction and during the long -term operation of the proposed project. For example, sediment control BMPs will be installed and maintained at all operational storm drain inlets and permanent erosion control BMPs (either physical or vegetation) shall be in place and operational during grading and construction to ensure that on- and off -site erosion is minimized. Furthermore, compliance with applicable building, grading and water quality codes and policies, which are performed during the plan check stage, will ensure that surface flows can be accommodated and water quality protected, including potential erosion. As a result, no significant impacts are anticipated and no mitigation measures are required. d) Would the project 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. As indicated above, project implementation will alter the existing drainage conditions on the site. At the present time, the development area (i.e., less than 20 acres) is divided into five drainage areas. Drainage Areas A and B comprise the existing Golf Clubhouse and parking lot, totaling 11.59 acres. Stormwater runoff occurring in Drainage Area A (7.7 acres) occurs as sheet flow in a southeasterly direction towards a curb and gutter that empties into a catch basin in the southerly corner of the parking lot. The catch basin is connected to an 18 -inch RCP pipe, which connects to an existing 24 -inch RCP that runs parallel to Coast Highway. Area B, comprised of 3.89 acres that encompass a portion of the grassy golf course, sheet flows towards Irvine Terrace Road and into a cross gutter, where it is directed to two catch basins on Irvine Terrace Road. This flow ultimately connects to the same 24 -inch RCP pipe identified for Drainage Area A. The 25 -year volume (Q25) for Drainage Areas A and B is 26.56 cubic feet per second (cfs) at elevation 85.0 mist in the 24 -inch RCP. The combined flow conveyed in the 24 -inch RCP enters an existing 69 -inch RCP storm drain, which conveys the runoff to Newport Bay where it is discharged. Drainage Area C encompasses 5.62 acres within the tennis club area in the easterly portion of the property. Surface runoff within Drainage Area C sheet flows over the tennis courts and onto the parking lot; storm flows then sheet flow over the parking lot, through a curb cut -out and into a drainage sump consisting of an 18 -inch square inlet. Flows are conveyed from the inlet, via an 8 -inch PVC pipe, which also connects to the 69 -inch RCP. The Q25 volume generated in Drainage Area C is 14.27 cfs, which enters an existing 8 -inch polyvinyl pipe (PVC) and then a 69 -inch RCP. The existing 8 -inch PVC pipe that was installed during the Corporate Plaza West Extension is deficient (in size) and cannot efficiently convey storm flows under the existing conditions. The smallest drainage area (Drainage Area D) encompasses 0.19 acre in the southeastern corner of the Balboa Bay Tennis Club. Less than 1 cfs (Qp5) is directed south where it enters the parking lot of the adjacent commercial office property and is accommodated in the existing storm runoff facilities of that property. NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 71 Drainage Area E encompasses 1.24 -acres that remain within in the tennis club (six tennis courts and entry to the parking lot). Runoff generated on the property sheet flows over the existing tennis courts into a concrete v- ditch, into a curb and gutter, and finally into a 12 -inch inlet. Flows travel from the inlet, via a 12 -inch PVC, which transitions to an 18 -inch RCP before entering the 24 -inch RCP in Coast Highway. All of the surface flows emanating on the site are conveyed in the existing 69 -inch RCP that ultimately discharges into Newport Harbor. A summary of the existing storm flows generated within each of the drainage areas is presented in Table 7. Table 7 Existing Runoff Newport Beach Country Club Sub -Area Area In Acres) Flow (Q) cfs A & B 11.59 26.56 C 5.62 14.27 D 0.19 0.82 E 1.24 4.16 Total 18.64 45.81 SOUCE: Adams - Streeter Civil Engineers Inc. (July 10, 2009 The proposed development is also divided into five drainage areas; however, these areas have been reconfigured based on the grading associated with the project design. Drainage Areas A and B (11.68 acres) comprise nearly the same areas as previously identified; however, Drainage Area A has decreased in size to 6.59 acres and Drainage Area B has increased in size to 5.09 acres. Storm flows emanating from Drainage Areas A and B are proposed to be captured using a storm system comprised of catch basins and pipes ranging in size from 8 inches to 24 inches. The proposed storm drain system will be installed within the site's parking lot and within the site's entry westerly parkway and will connect to the existing 24 -inch RCP storm drain that connects to the existing 69 -inch RCP storm drain. The post - development runoff volume (Q25) is estimated to be 27.82 cfs. The existing 24 -inch storm drain is not adequate to accept and convey the existing or proposed storm flows. Therefore, this facility will be upsized. Drainage Area C will be expanded to encompass 6.16 acres, including some of the existing tennis courts, a new center court, Tennis Clubhouse, pool, The Bungalows, and The Villas along with interior street and paths. Storm flows for Area C will be captured using a storm drain system comprised of catch basins and pipes ranging in size from eight to 30 inches. Because inadequate storm drain stubs were provided to the project area (i.e., one 12 -inch PVC pipe and one 8 -inch PVC pipe), a 30 -inch RCP will be constructed in the parking lot of the adjacent property. This Drainage Area will generate a Q25 volume of 20.74 cfs. Drainage Area D encompasses 0.63 acre in the southeastern corner of the tennis facility. This area will consist of the newly designed and /or reconfigured parking lot for the Tennis Club. Storm flows emanating in Drainage Area D will sheet flow in a southerly direction to the existing parking lot located on the adjacent property. Once in the parking lot, it will sheet flow into existing catch basins and into the existing 69 -inch RCP. This drainage area will generate a Q25 of 2.64 cfs. Drainage Area E comprises the smallest of the five drainage areas and is located near the southwestern limits of the tennis facility. The 0.19 -acre area will generate a storm flow volume of 0.81 cfs (Q25), which would travel to the southwest corner of the site where it would enter a catch basin that will connect to an existing 8 -inch PVC pipe that would also connect to the 69 -inch RCP south of the subject property. Table 8 provides a summary of the post - development runoff conditions. NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 72 Table 8 Post - Development Runoff Newport Beach Country Club Sub -Area Area (In Acres Flow (Q) (cfs) A & B 11.68 27.82 C 6.16 20.74 D 0.63 2.64 E 0.19 0.81 Total 18.66 52.01 SOUCE: Adams - Streeter Civil Engineers Inc. (July 10, 2009) Project implementation would result in an increase of approximately 13.5 percent in storm surface runoff volume. Table 9 provides a comparison of the pre- and post - development runoff characteristics. Table 9 Pre- and Post Development Runoff Comparison Newport Beach Country Club Sub -Area Existing Runoff (Q25 cfs Developed Runoff q25 cfs) Difference (Q25 cfs) A & B 26.56 27.82 1.26 C 14.27 20.74 6.47 D 0.82 2.64 1.82 E 4.16 0.81 3.35 Total 45.81 52.01 6.2 SOUCE: Adams - Streeter Civil Engineers Inc. (July 10, 2009 Although the land use for the proposed project has a lower runoff coefficient than that under existing conditions, the overall flow volumes have increased as a result of the lower time of concentration that occurs when the storm flows are routed in a pipe versus sheet flow under existing conditions. As indicated above, project implementation will result in an increase of 6.2 cfs entering the 69 -inch RCP that will convey the storm flows to Newport Harbor. This increase in runoff equates to a 1.3 percent increase in the existing 462 cfs that currently flows in this facility. Because the time of concentration within the 69- inch RCP is much greater than the site's contribution in flow, the increased runoff generated by the proposed project would be negligible and, therefore, would not have a significant impact on the existing storm drain facilities. The site will be graded and designed to facilitate post - development storm flows. Therefore, no significant impacts are anticipated and no mitigation measures are required. e) Would the project 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. Although project implementation will result in a decrease in impervious surfaces on the site, additional surface runoff would be generated (refer to the previous discussion in Section IX.d). However, the post - development impervious surfaces would be reduced by approximately 2,300 square feet, which would not generate a significant amount of stormwater runoff (i.e., an increase NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 73 of 6.2 cfs). The existing storm drainage collection and conveyance facilities within the project area (i.e., 18- and 24 -inch pipes previously described) will be upgraded as determined necessary to provide adequate capacity to accommodate the proposed project. No significant impacts are anticipated and no mitigation measures are required. f) Would the project otherwise substantially degrade water quality? Less than Significant Impact. As indicated previously, Newport Bay is listed as an "impaired" water body under Section 303(d) of the Clean Water Act, with respect to metals, pesticides and priority organics. Changes in surface runoff are anticipated as a result of the development of the subject property as proposed that could result in potential impacts to water quality. However, the project will be designed to comply with all relevant building, grading and water quality codes and policies to ensure that there will not be an adverse effect on water quality, either during construction or during the operational life of the project. The applicant will be required to prepare a Stormwater Pollution Prevention Plan (SWPPP), which will identify both structural and non - structural features intended to minimize erosion and sedimentation as well as other water quality impacts that would occur during the construction phase. In addition, a Conceptual WOMP identifies several measures that would minimize potential water quality impacts. Final plan check will include the preparation of an adequate drainage and erosion control plan that must be found to meet applicable standards. Therefore, no significant impacts are anticipated and no mitigation measures are required. g) Would the project 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 subject property is not located within the 100 -year flood plain as delineated on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA) for the City of Newport Beach. The site is located in Zone X (Other Areas), which is classified by FEMA as "Areas determined to be outside the 0.2 percent annual chance floodplain." During a 100 -year storm, the site would be protected from flooding, as the water surface for all street flows would remain within the gutter and street; average depth of flow for the entire site is less than one foot. Secondary overflow for the site is provided by outletting through the site's interior streets to the exit on Coast Highway. As a result, no homes would be placed within the 100 -year flood plain and no significant impacts would occur. h) Would the project place within a 100•year flood hazard area structures which would impede or redirect flood flows? No Impact. No residential structures are proposed to be located within the 100 -year flood zone. Refer to the response to Section IX.g. i) Would the project 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. As indicated above, the project site is not located within a flood hazard area or within an area subject to flooding due to dam or levee failure. Figure S3 (Flood Hazards) in the Newport Beach Safety Element indicates that in the event of failure of either the San Joaquin Reservoir or the Big Canyon Reservoir, the site would not be subject to flooding. Therefore, project implementation will not result in a potentially significant impact; no mitigation measures are required. j) Would the project be subject to inundation by seiche, tsunami, or mudflow? Less than Significant Impact. The subject property is located inland of Coast Highway and is not within the area of influence of Newport Harbor area. Tsunamis (i.e., seismic sea waves) are generated on offshore faults by movement that is primarily vertical in nature. The subject property is not within a Tsunami Hazard Zone illustrated on Figure S1 (Coastal Hazards) in the City's Safety Element. According to that figure, in the event of a tsunami, surge waves would threaten the lower elevations along the NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 74 Newport Beach coastline and in Newport Bay; however, the site is not subject to the effects of a tsunami. No significant impacts are anticipated and no mitigation measures are required. Seiche is defined as a standing wave oscillation effect generated in a closed or semi - closed body of water caused by wind, tidal current, and earthquake. Seiche potential is highest in large, deep, steep -sided reservoirs or water bodies. The nearest such water bodies include San Joaquin Reservoir, which is located approximately two miles northeast of the site and Big Canyon Reservoir, located approximately one mile east - northeast of the subject property. The subject property is located well beyond the area that could potentially be inundated as a result of a seiche. In addition, Newport Bay, which is located approximately one -half mile east of the project area, lacks significant potential for damaging seiche because it is very shallow. As a result, no significant impacts are anticipated and no mitigation measures are required. k) Would the project result in significant alteration of receiving water quality during or following construction? Less than Significant Impact. Refer to responses to Section IX.a and Section IX.f. 1) Would the project result in potential for discharge of stormwater pollutants from areas of material storage, vehicle or equipment fueling, vehicle or equipment maintenance (including washing), waste handling, hazardous materials handling or storage, delivery areas, loading docks or other outdoor work areas? Less than Significant Impact. Stormwater discharge from the site will be virtually the same as the stormwater currently generated on the site, which are those associated with the residential and recreation uses. In addition, the proposed residential and bungalows would also contribute similar stormwater pollutants that may include detergents, fertilizers, pesticides, automobile hydrocarbons, etc., typically associated with those uses. Although some temporary impacts associated with construction of the proposed structures may occur (refer to Sections IX.a through IX.f), no new long -term outdoor storage, maintenance, fueling or work areas are proposed. The golf cart storage and maintenance areas, which are currently located above grade, partially open on one side, are proposed to be fully enclosed in the lower level of the new clubhouse. Project implementation will result in improvements to the stormwater discharges associated with site development. The project will be designed to comply with all requisite codes and policies prescribed by the City of Newport Beach to ensure that stormwater impacts during or after construction are minimized or eliminated to the maximum extent possible. For example, the City's standard practice is to require street sweeping as a construction control measure, rather than washing down the street surface, to avoid runoff of construction wastes, sediment and debris into the storm drain system or the bay. Other construction BMPs would include those that address sediment control and waste management and materials pollution control. Little or no pollution control measures exist within the property, which was developed before the more stringent regulatory controls were enacted. As a result, with the implementation of such structural and non - structural BMPs as well as the project's compliance with the requirements imposed by the City, no significant impacts are anticipated and no additional mitigation measures are required. m) Would the project result in the potential for discharge of stormwater to affect the beneficial uses of the receiving waters? Less than Significant Impact. Refer to responses to Section IX.a and Section IX.f. n) Would the project create the potential for significant changes in the flow velocity or volume of stormwater runoff to cause environmental harm? Less than Significant Impact. Project implementation will result in a decrease in impervious surfaces on the site. It must be noted that even though the land use for the proposed development has a lower runoff coefficient than the existing condition, the overall flow volumes have increased. This is due to the lower time of concentration that occurs when the storm flows are routed in a pipe versus the current condition of sheet flow. However, the site would be graded in order to ensure that post - development NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 75 runoff is minimized and, further, is directed to existing storm drain facilities that have adequate capacity to accommodate the increase flows. As a result, this project would not result in adverse impacts due to changes in the flow velocity or volume of storm water runoff. o) Would the project create significant increases in erosion of the project site or surrounding areas? Less than Significant Impact. See responses to IX.a through IX.f. As previously indicated, part of the final plan check review includes the preparation of an adequate drainage and erosion control plan that must be found to meet applicable City standards. Implementation of this plan will ensure that potentially significant increases in erosion resulting from the proposed project will not occur. No mitigation measures are required. Mitigation Measures The applicant has prepared an NPDES Technical Study that identifies a range of BMPs and related water quality features to ensure that water quality impacts associated with the proposed project are reduced to an acceptable level. Implementation of BMPs that will be refined and included in the Stormwater Pollution Prevention Plan (SWPPP) will ensure that construction impacts are minimized. Similarly, BMPs will also be refined and incorporated into the project design to avoid post- construction impacts to water quality. Therefore, no significant impacts are anticipated and no mitigation measures are required. SC -16 Prior to issuance of a grading permit, the project applicant shall be required to submit a notice of intent (NOI) with the appropriate fees to the State Water Quality Resources Control Board for coverage of such future projects under the General Construction Activity Storm Water Runoff Permit prior to initiation of construction activity at a future site. As required by the NPDES permit, a Storm Water Pollution and Prevention Plan (SWPPP) will be prepared and will establish BMPs in order to reduce sedimentation and erosion. SC -17 Prior to issuance of a grading permit, the project applicant shall prepare a Water Quality Management Plan (WQMP) for the project and submit the WQMP to the City of Newport Beach for approval. The WQMP shall specifically identify Best Management Practices (BMPs) that will be used to control predictable pollutant runoff, including flow /volume -based measures to treat the "first flush" The WQMP shall identify at a minimum the routine structural and non - structural measures specified in the Countywide NPDES Drainage Area Master Plan (DAMP), which details implementation of the BMPs whenever they are applicable to a project, the assignment of long -term maintenance responsibilities, and shall reference the locations of structural BMPs. SC -18 Prior to issuance of a grading permit, the project applicant shall prepare a Storm Water Pollution and Prevention Plan (SWPPP). The SWPPP will establish BMPs in order to reduce sedimentation and erosion and prevent construction pollutants from leaving the site. The project shall also incorporate all monitoring elements as required in the General Construction Permit. The project applicant shall also develop an erosion and sediment control plan to be reviewed and approved by the City of Newport Beach prior to issuance of grading permit. SC -19 Future site grading and construction shall comply with the drainage controls imposed by the applicable building code requirements prescribed by the City of Newport Beach, X. LAND USE AND PLANNING a) Would the project divide an established community? No Impact. The 145 -acre site is developed with golf and tennis facilities. The proposed project includes the construction of a larger Golf Clubhouse and modifications to the existing Tennis Club on the subject property. As indicated previously, the area surrounding the subject property is entirely developed with mixed -use development, including residential, professional office, commercial and governmental land NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 76 uses. Development of the site as proposed would not directly affect adjacent properties because it is consistent with the applicable development standards and requirements for site development as prescribed in the proposed Planned Community District development regulations. In particular, project implementation does not include features that would physically divide or otherwise adversely affect or change an established community (e.g., roadways, flood control channels, etc.). The proposed Golf Clubhouse is in keeping with the intensity of development and existing character in the project environs. No significant impacts will occur and no mitigation measures are required. b) Would the project conflict with any land use plan, policy, or regulation of an agency and 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. The Newport Beach General Plan, the Coastal Land Use Plan and the Newport Beach Zoning Code contain land use plans, policies and regulations of concern with respect to avoiding or mitigating an environmental effect. Consistency of the proposed project with applicable provisions and /or policies of the relevant Elements of the General Plan are addressed in Table 10. Table 10 General Plan Policy Analysis Newport Beach Country Club Policy No. General Plan Policy' Consistency Analysis Land Use Element Maintain and enhance the beneficial and unique The proposed project includes an adoption of the PC character of the different neighborhoods, business District regulations, which will guide development districts, and harbor that together identify Newport occurring within the project site. The development LU 1.1 Beach. Locate and design development to reflect standards address building height, setbacks, landscaping, Newport Beach's topography, architectural diversity, architectural character, etc., and are intended to ensure and view sheds. that the City's unique character, which reflects both land use and architectural diversity, is maintained. The area in which the site is located is characterized by a variety of residential, commercial, recreation, and public land uses that reflect a range of densities and a variety of architectural styles, which contribute to the unique While recognizing the qualities that uniquely define its character of the City. The intensity of the proposed project neighborhoods and districts, promote the identity of the (i.e., larger Golf Club clubhouse and redeveloped tennis LU 1.2 entire City that differentiates it as a special place within center) and architectural character are compatible with the the Southern California region. variety of densities and styles within the area, which is consistent with the "identity" of the City. The architectural character of the proposed clubhouse and related tennis center development, including The Bungalows and The Villas, is consistent with the City's desire to differentiate Newport Beach from other coastal cities. Enhance existing neighborhoods, districts, and corridors, allowing for reuse and infif with uses that are The character of the proposed Golf Club, Tennis Club, The complementary in type, farm, scale, and character. Bungalows, and The Villas is compatible with the existing Changes in use and /or density /intensity should be land uses and development intensities in the project area. considered only in those areas that are economically Additionally, the proposed land uses are allowed under the under performing, are necessary to accommodate existing General Plan. The project has been designed to Newport Beach's share of projected regional be compatible with the existing residential, commercial, LU 3.2 population growth, improve the relationship and reduce and open space /recreation that exists in the vicinity of the commuting distance between home and jobs, or project site. In addition, the area in which the project is enhance the values that distinguish Newport Beach as located is adequately served by existing infrastructure, a special place to live for its residents. The scale of including circulation, sewer, water, and storm drainage growth and new development shall be coordinated with systems. As a result, project implementation will not the provision of adequate infrastructure and public adversely affect those systems or the provision of services, including standards for acceptable traffic level adequate service to nearby development. of service. LU 4.1 Accommodate land use development consistent with The uses proposed by the applicant are consistent with the Land Use Plan. the General Plan Land Use Element (i.e., land use NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2OO5 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 77 Policy No. General Plan Policy' Consistency Analysis designation), which designates the golf course site PR (Parks and Recreation) and the tennis site MU- H3 /PR. The proposed Golf Clubhouse is within the 35,000 square foot allowable development limit permitted in Anomaly 74 of the Land Use Element. The tennis facility is located in Anomaly 46, which allocates 24 tennis courts with residential permitted in accordance with the MU -H3 designation. Per LU 4.3 Transfer of Development Rights, (Page 3 -20.d of the General Plan) density transfers are allowed within the Newport Center area (refer to LU 6.14.3). Based on this policy, the transfer of 27 hotel units from Anomaly 43 to Anomaly 46 (i.e., subject property) may be permitted, subject to the approval of the City with the finding that the transfer is consistent with the intent of the General Plan and that the transfer will not result in any adverse traffic impacts. In addition to the Transfer of Development Intensity, within Newport Center there are remaining 20 single - family units allocated for the Newport Center to accommodate the 5 single - family homes needed for The Villas. The proposed land uses are consistent with the land use designation prescribed for the site as well as the TDR and residential allocation within Newport Center. Permit the transfer of development rights from a property to one or more other properties when: a. The donor and receiver sites are within the same Statistical Area. b. The reduced density /intensity on the donor site provides benefits to the City such as, but not limited to, the (1) provision of extraordinary open space, public visual corridor(s), parking or other amenities (2) preservation of an historic building or property or natural landscapes; (3) improvement of LU 4.3 the area's sale and development character; (4) Refer to Policy 6.14.3. consolidation of lots to achieve a better architectural design than could be achieved without lot consolidation; and /or (5) reduction of local vehicle trips and traffic congestion. c. The increment of growth transferred to the receiver site complements and is in scale with surrounding development, complies with community character and design policies contained in this plan, and does not materially degrade local traffic conditions and environmental quality. d. Transfer of Development Rights in Newport Center is governed by Policy 6.14.3. Although the site is not located adjacent to lower density residential development (e.g., single - family detached), the project has been designed to respect the proximity of the existing residential development adjacent to the project site. Specifically, single - family residential development is Require that the height of development in proposed in the area nearest to the existing residential nonresidential and higher density residential areas development to buffer the private recreation uses of the LU 5.1.2 transition as it nears lower density residential areas to Tennis Clubhouse. In addition, the proposed PC District minimize conflicts at the interface between the different text and regulations prescribe maximum building heights, types of development. setback requirements, etc., for each of the development components to ensure land use compatibility. The maximum building height has been established at 50 feet. The height of the proposed Golf Clubhouse is proposed to vary but would not exceed the maximum 50 -foot height limit prescribed for that use. Require that properties developed with a mix of As illustrated in the proposed site plan, the proposed residential and non - residential uses be designed to project includes a new golf clubhouse, tennis clubhouse achieve high levels of architectural quality in and related amenities, twenty -seven (27) short -term LU 5.3.3 accordance with Policies 5.1.8 and 5.2.2 and planned visitor - serving units (Bungalows). And five (5) single - family to assure compatibility among the uses and provide residential dwelling units. The proposed project provides adequate circulation and parking. Residential uses adequate parking for each of the proposed uses. should be seamlessly integrated with non - residential Vehicular and pedestrian circulation has been designed to uses through architecture, pedestrian walkways, and accommodate both residents of the Villas, as well as LU 5.3.4 LU 6.14.2 LU 6.14.3 LU 6.14.6 LU 6.14.8 H 1.1 NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 78 General Plan walls or other design elements. Require that sufficient acreage be developed for an individual use located in a district containing a mix of residential and non - residential uses to prevent fragmentation and assure each use's viability, quality, and compatibility with adjoining uses. Provide the opportunity for limited residential, hotel, and office development in accordance with the limits specified by Tables LU1 and LU2. Development rights may be transferred within Newport Center, subject to the approval of the City with the finding that the transfer is consistent with the intent of the General Plan and that the transfer will not result in any adverse traffic impacts. Encourage that pedestrian access and connections among uses within the district be improved with additional walkways and streetscape amenities concurrent with the development of expanded and new uses. residential and mixed -use development projects that use the residential 450 units identified in Table LU2 (Anomaly Locations). Development Agreements shall define the improvements and benefits to be contributed by the developer in exchange for the City's commitment for the number, density, and location of the housino units. Support all reasonable efforts to preserve, maintain, and improve availability and quality of existing housing and residential neighborhoods, and ensure full utilization of existing City housing resources for as long into the future as physically and economically possible. Club /spa and Bungalows. The architectural character of the uses is defined in the PC District Regulations to ensure that compatibility between the proposed uses and As indicated above, each of the uses has been designed to complement the overall development proposed by the applicant. The three distinct uses are connected via the vehicular and pedestrian circulation system, including sidewalks and pedestrian pathways. Land use compatibility is achieved through a common landscape theme and design guidelines in the PC District Regulations to ensure that the architectural integrity of the project is not I he project proposes a mix or land uses, including single - family residential, golf and tennis facilities and visitor - serving commercial (i.e., "Bungalows") uses. These uses are permitted in Table LUt. Residential development is units from Anomaly No. 46 to the subject property. As indicated in the analysis of traffic, the proposed project would result in the generation of 221 daily vehicle trips for the 27 bungalows. Project implementation will result in the generation of 1,183 daily vehicle trips, including those generated by the bungalows (221 trips), which equates to a net reduction in not only daily trips (389), but also a.m. and p.m, peak hour trips (35) when compared to the existing land uses. The reduction of vehicle trips anticipated as a result of the proposed project will not result in any significant impacts to the existing traffic and circulation conditions in the project area. Therefore, the proposed project would not result in any significant traffic impacts. In addition, implementation of the proposed project is consistent with the intent of the Newport Beach General Plan, as reflected in this analysis. As indicated above, the project has been designed to be consistent with the surrounding land uses and promotes recreation and tourism. The project is consistent with the relevant policies in the Land Use and other elements of the General Plan. As indicated on the site plan, the proposed project provides for both pedestrian and vehicular access between the Golf and Tennis facilities. Sidewalks and pedestrian pathways are incorporated into the circulation system that are intended to accommodate pedestrians utilizing the golf and tennis /spa facilities as well as the future residents of the proposed Villas. The landscape plan includes plants materials that are intended to reflect and complement the existing character within the project The applicant has proposed a Development Agreement, which must comply with the provisions of this policy, including the identification of improvements and benefits resulting from implementation of the proposed project. I ne project site does not Include any existing housing. However, the applicant is proposing five (5) semi - custom, single - family residential dwelling units on the subject property, which will improve the availability and quality of housing in the City. These dwelling units will supplement the City's housing supply. 101[11 General Plan NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2OO5 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 79 Historical Resources Element Kequlre mat, In accordance wim ChQA, new development protect and preserve paleontological and archaeological resources from destruction, and avoid and mitigate impacts to such resources. Through HR 2.1 planning policies and permit conditions, ensure the preservation of significant archaeological and paleontological resources and require that the impact caused by any development be mitigated in CE 7.1.1 CE 7.1.8 R 1.1 011Giwa NR 3.4 NR 3.5 NR 3.9 NR 3.11 Although it is unlikely that archaeological and /or paleontological resources would be encountered during grading and /or construction, the City requires that a certified archaeological /paleontological monitor be available during grading to ensure that if such resources are encountered, grading activities can be diverted in order to evaluate the resources and recommend appropriate measures to protect and /or preserve them. Element Require that new development provide adequate, convenient parking for residents, guest, business patrons, and visitors. Site and design new development to avoid use of parking configurations or management programs that are difficult to maintain and enforce. I ne proposed protect provides adequate parking as demonstrated in the Traffic and Parking Evaluation prepared by Kimley -Horn and Associates and prescribed in the PC District regulations for the project. The project will meet the anticipated parking demand on -site with 398 parking spaces. In addition to the parking proposed to accommodate the proposed uses, additional parking within two off -site parking easement areas encompass over 554 additional parking spaces that can be used for special events. parking spaces, including 28 spaces that are allocated to the Tennis Clubhouse (28 required), 50 parking spaces for the Bungalows /spa (49 required), and 300 parking spaces for the Golf Club (244 required). In addition, 20 parking spaces are also proposed to accommodate the 5 Villas (20 Recreation Element Require developers 01 new residential subdivisions to provide parklands at five acres per 1,000 persons, as stated in the City's Park Dedication Fee Ordinance, or to contribute in -lieu fees for the development of public recreation facilities meeting demands generated by the development's resident population, as required in the Establish and actively promote use of water conserving devices and practices in both new construction and major alterations and additions to existing buildings. This can include the use of rainwater capture, storage, and reuse facilities. Require all development to comply with the regulations under the City's municipal separate storm drain system permit under the National Pollutant Discharge Elimination System ( NPDES). Require that development does not degrade natural water bodies. Require new development applications to include a Water Quality Management Plan (WQMP) to minimize runoff from rainfall events during construction and post - construction. Include site design and source control BMPs in all developments. When the combination of site design The proposed project includes the development of five semi - custom, single - family residential dwelling units. The residential component of the proposed project will be subject to the City's Park Dedication Fee Ordinance. It is anticipated that the applicant will be required to pay the applicable in -lieu fee. water conservation measures will be required to be incorporated into the proposed project as prescribed in Chapter 14.16 (Water Conservation and Supply Level Regulations) and Chapter 14.17 (Water- Efficient Landscaping) of the Newport Beach Municipal Code. In addition, the proposed hand car wash will comply with Chapter 14.36 (Water Quality) to ensure that surface runoff associated with that use does not result in the degradation of either surface or groundwater. Finally, the BMPs are intended to meet the requirements prescribed in The project applicant will be required to comply with the NPDES requirements established by the City, including the preparation of a SWPPP to address construction activities and a WQMP for long -term operations of the As indicated above, the proposed project will implement BMPs to improve the quality of both construction - related and long -term runoff emanating from the site prior to their discharge into Newoort Harbor. Refer to Response to Policy No. NR 3.4. The proposed project complies with the requirement to prepare a SWPPP and WQMP to address both NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 80 Policy No. General Plan Policy, _ Consistency Analysis water quality as required by the NPDES, structural Both site design and structural BMPs will be incorporated treatment BMPs will be implemented along with site into the project to ensure that surface Flaws emanating design and source control measures. from the subject property are treated prior to their discharge into Newport Harbor. The SWPPP and WQMP will be sufficient to protect water quality as prescribed by the NPDES requirements of the City. As required by the NPDES permit, a Storm Water Pollution and Prevention Plan ( SWPPP) will be prepared and will Require grading /erosion control plans with structural establish both structural and non - structural BMPs in order to BMPS that prevent or minimize erosion during and after reduce sedimentation and erosion during the construction NR 4.4 construction for development on steep slopes, graded, phase. These measures will be incorporated in the or disturbed area. grading /erosion control plan (refer to SC -10) submitted to the City of Newport Beach. In addition, the applicant has prepared a WQMP to address post - development water quality impacts. Require developers to use and operate construction The proposed project will comply with all South Coast NR 8.1 equipment, use building materials and paints, and AQMD rules and requisite local, state and federal control dust created by construction activities to requirements to reduce air pollutant emissions during minimize air pollutants. - construction. Require new development to protect and preserve paleontological and archaeological resources from destruction, and avoid and minimize impacts to such resources in accordance with the requirements of NR 18.1 CEQA. Through planning policies and permit Refer to Response to Policy No. HR 2.1. conditions, ensure the preservation of significant archaeological and paleontological resources and require that the impact caused by any development be mitigated in accordance with CEQA. Because implementation of the proposed project requires the approval of an amendment to the Land Use Element of the Newport General Plan, it is subject to the provisions of SB 18, which requires consultation with Native American Notify cultural organizations, including Native American representatives before adopting or amending a general organizations, of proposed development that have the plan. The City has complied with the requirements of SB NR 18.3 potential to adversely impact cultural resources. Allow 18 by submitting a request to the Native American qualified representative of such groups to monitor Heritage Commission (NAHC). In addition, the City also grading and /or excavation of development sites. sent letters to the Native American representatives, informing each of the proposed project. However, no response was received by the City from any of the Native American representations requesting consultation within the 90-day statutory period.. Require new development, where on site preservation and avoidance are not feasible, to donate scientifically NR 18.4 valuable paleontological or archaeological materials to Refer to Response to Policy No. HR 2.1. a responsible public or private institution with a suitable repository, located within Newport Beach or Orange county, whenever possible. Project implementation will not result in any significant visual impacts to the segment of Newport Center Drive north of Farallon, which is designated as a Coastal View Protect and, where feasible, enhance significant scenic Road, or to the Public View Point identified in Irvine and visual resources that include open space, Terrace Park located south of East Coast Highway. Views NR 20.1 mountains, canyons, ridges, ocean, and harbor from from vantages along Newport Center Drive will not be public vantage points, as shown in Figure NR3. significantly altered as a result of project implementation. The development would not be visible from this Coastal View Road because of the landscaping that exists along the roadway, which blocks and /or filters views to the subject property. Protect and enhance public view corridors from the NR 20.3 following roadway segments (shown in Figure NR3), Refer to Response to Policy No. NR 20.1. and other locations may be identified in the future (Newport Center Drive). The building mass and architectural character of the proposed project will be regulated through the PC District Continue to regulate the visual and physical mass of regulations that have been proposed. The City will ensure NR 22.1 structures consistent with the unique character and that these regulations do not compromise the unique visual scale of Newport Beach. aesthetic character of the City. S4.7 N 1.1 N 1.4 IMR-3 NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 81 General Plan Conduct further seismic studies for new development in areas where potential active faults may occur. Require that all proposed projects are compatible with the noise environment through use of Table N2, and enforce the interior and exterior noise standards shown in Table N3. Require that applicants of residential portions of mixed - use projects and high density residential developments in urban areas (such as the Airport Area and Newport Center) demonstrate that the design of the structure will adequately isolate noise between adjacent uses and units (common floor /ceilings) in accordance with the California Building Code. Encourage new mixed -use developments to site loading areas, parking lots, driveways, trash enclosures, mechanical equipment, and other noise sources away from the residential portion of the development. The proposed structures will be designed in accordance with current adopted codes and regulations, including the California Building Code, which prescribe the design standards for new development to protect life and property. In addition, site and structural design recommendations are also included in the Preliminary Geotechnical Report prepared that will be incorporated i ne proposed uses, including the Golt Club and Tennis Club, the Bungalows, and the villas are consistent with the noise parameters prescribed in Table N2. The residential uses will not be subject to exterior noise levels that exceed 65 dBA CNEL and the non - residential uses are also consistent with the land use noise compatibility matrix based on noise levels that to not exceed 75 dBA CNEL. As indicated in the noise analysis prepared for the proposed project (refer to Section XII), project activities will entail the continuation of long standing outdoor golf and tennis uses and limited indoor activities. Outdoor recreational activities at the Country Club represent a continuation of existing activities, which are compatible with the nearby residential and non - residential development in the project environs. Although some noise is associated with tennis, in particular, it is not so intrusive that it would be disruptive or incompatible with the existing uses. Furthermore, the proposed residential component (i.e., the "Villas "), is not located adjacent to Coast Highway or other high volumes arterials that would generate noise levels that exceed exterior and /or interior standards. Therefore, no significant long -term noise impacts would occur. No loading docks or other high noise generating features are located in proximity to the proposed "Villas." A mitigation measure requires that heating, venting, and air conditioning (HVAC) equipment in or adjacent to residential areas must not exceed applicable noise levels as required by the Citv of Newoort Beach. Require the employment of noise mitigation measures Noise mitigation have been prescribed to ensure that for existing sensitive uses when a significant noise construction noise impacts are reduced to a less than N 1.8 impact is identified. A significant noise impact occurs sign construction level. In addition, when there is an increase in the ambient CNEL g proper siting of HVAC produced by new development impacting noise equipment will reduce operational noise levels in the sensitive iisec residential area in compliance with this policy. N 4.1 N 4.6 N 5.1 Table N3, and in the City's Municipal Code to ensure that sensitive noise receptors are not exposed to excessive noise levels from stationary noise sources, such as heating, ventilation, and air conditioning Enforce the Noise Ordinance noise limits and limits on hours of maintenance or construction activity in or adjacent to residential areas, including noise that results from in -home hobby or work - related activities. Enforce the limits on hours of construction activity. within the harbor The noise sensitive receptors (i.e., residents of the proposed Villas) would be protected from excessive interior and exterior noise levels through compliance with the noise standards adopted by the City and presented in Table N3 of the Noise Element. Both interior and exterior by the City of Newport Beach and prescribed in the Noise Ordinance. In addition, operational noise associated with the proposed tennis and golf facilities would also be regulated by the Citv's Noise Ordinance. City's Noise Ordinance, which will be strictly enforced by the Citv of Newoort Beach. NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 82 Coastal Land Use Plan As previously indicated, the subject property is located in the Coastal Zone delineated within the City of Newport Beach and is, therefore, subject to the adopted policies contained within the adopted Coastal Land Use Plan. Consistency with the applicable policies of that CLUP are presented in Table 11. Table 11 Coastal Land Use Plan Policy Analysis Newport Beach Country Club Policy No. CLUP Polic Consistency Analysis Land Use The proposed project is consistent with the land use designation on the adopted Coastal Land Use Plan, which designates the golf course site OS (Open Space) and the tennis site MU -H /PR (Mixed Use Horizontal /Parks & Recreation). The Open Space designation allows golf courses. The MU -H /PR designation allows horizontally - distributed mix of uses, which may include general or Land uses and new development in the coastal zone shall neighborhood commercial, commercial offices, multi - 2.1.2-1 be consistent with the Coastal Land Use Plan Map and all family residential, visitor - serving and marine - related uses, applicable LCP policies and regulations. buildings that vertically integrate residential with commercial uses, and active public or private recreational uses, including parks, golf courses, manna support facilities, aquatic facilities, tennis clubs and courts, private recreation, and similar facilities. In addition, the project addresses the relevant policies related to development of the site and the protection of coastal resources identified in the CLUP as discussed in this table. General Development Policies Project implementation will result in some intensification of the development that exists within the limits of the Planned Community. As previously indicated, the Continue to allow redevelopment and infill development proposed project does not exceed the intensity of 2.2.1 -1 within and adjacent to the existing developed areas in the development allocated in the General Plan for Anomaly coastal zone subject to the density and intensity limits and No. 46 and Anomaly No. 74. Because the proposed resource protection policies of the Coastal Land Use Plan. project would result in the redevelopment of the existing uses, project implementation would not adversely affect any coastal resources and development is consistent with applicable coastal resource policies. The proposed project is located in an area of the City of Newport Beach that is adequately served by a range of Require new development be located in areas with public services and utilities, including police and fire 2.2.1 -2 adequate public services or in areas that are capable of protection; circulation; sewer, water and storm drains; and having public services extended or expanded without electricity and natural gas. Adequate service will continue significant adverse effects on coastal resources. to be provided to the proposed uses. The provision of those public services and utilities will not result in any significant adverse effects on coastal resources. Residential Development The proposed PC District regulations prescribe the development standards for both residential and non- residential land uses proposed for the project. The maximum building height for the proposed single - family Continue to maintain appropriate setbacks and density, residential dwelling units (i.e., 5 units), which are located floor area, and height limits for residential development to in the vicinity of the existing residential development, will 2.7 -1 protect the character of established neighborhoods and to range from 21 feet for Villa A to approximately 35 feet for protect coastal access and coastal resources. Villa D. Similar to building height, the front, rear, and side yard setbacks will vary, depending on the location and relationship of The Villas to each other and to existing residential development to the northeast, which are two and three stories in height. NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2OO5 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 83 Policy No. CLUPPcllc Consistency Anal sis Hazards and Protective Devices The project site is not located in the vicinity of a stream. Require new development to provide adequate drainage However, as required by the NPDES permit, a Storm and erosion control facilities that convey site drainage in a Water Pollution and Prevention Plan (SWPPP) will be 2.8.7 -2 non - erosive manner in order to minimize hazards prepared and will establish both structural and non - resulting from increased runoff, erosion and other structural BMPS in order to reduce sedimentation and hydrologic impacts to streams. erosion during the construction phase. These measures will be incorporated in the grading /erosion control plans submitted to the City of Newport Beach. Require applications for new development, where applicable (i.e., in areas of known or potential geologic or With the exception of the potential effects of moderate to seismic hazards), to include a geologiclsoils /geotechnical strong seismic shaking, the subject properly is not located study that identifies any geologic hazards affecting the in an area characterized by potential coastal hazards. proposed project site, any necessary mitigation Preliminary geotechnical design parameters for the 2.8.7 -3 measures, and contains a statement that the project site proposed project have been recommended based on is suitable for the proposed development and that the subsurface exploration and laboratory testing of the site development will be safe from geologic hazard. Require soils. The proposed structures will be constructed based such reports to be signed by a licensed Certified on those design parameters. Engineering Geologist or Geoto chnical Engineer and subject to review and approval by the City. Transportation The proposed project includes adequate parking to accommodate all of the proposed uses, including the Golf Club, Tennis Clubhouse, the Bungalows, and The Villas. A total of 398 parking spaces is provided in the plan, including 28 parking spaces allocated to the Tennis Club (28 required), 50 parking spaces for The Bungalows /spa (49 required), and 300 parking spaces for the Golf Club (244 required). In addition, 20 parking spaces are proposed to accommodate the five Villas (20 required). Site and design new development to avoid use of parking The parking plan provides for a surplus of 57 parking 2.9.3 -1 configurations or parking management programs that are spaces based on the proposed PC District parking difficult to maintain and enforce. requirements. In addition to the on -site parking provided, the site plan indicates that the an existing parking easement in favor of the project site provides access to an additional 554 parking spaces in the evenings and on weekends and holidays, if needed for parking overflow during tennis and golf events. However, such events are subject to a "special event permit," must be approved by the City. In addition to other requirements, it must be shown that adequate parking can be provided for such activities. The proposed project provides adequate parking as demonstrated in the Traffic and Parking Evaluation Continue to require new development to provide off - street prepared by Kimley -Horm and Associates and reflected in parking sufficient to serve the approved use in order to the PC district regulations. A surplus of 57 parking 2.9.3 -2 minimize impacts to public on- street and off - street parking spaces is available on -site. In addition, off -site parking is available for coastal access. also available for special events. An existing off -site Parking Agreement will provide for an additional 554 parking spaces to accommodate the proposed project. No impacts to coastal access are anticipated. Require that all proposed development maintain and 2.9.3 -3 enhance public access to the coast by providing adequate Refer to Policy 2.9.3 -1. parking pursuant to the off - street parking regulations of the Zoning Code in effect as of October 13, 2005. The parking provided meets the minimum requirements for dimensions and clearance; access to the parking is adequate. A new drive aisle with a drop -off area will also be added to the front of the Golf Clubhouse and a second Continue to require off - street parking in new development entry point to the main parking lot will be added at the 2.9.3 -5 to have adequate dimensions, clearances, and access to northwest corner of the lot. The parking rows in the main insure their use. parking lot will be reconfigured to an east -west orientation, with access aisles provided on both ends of the parking lot. Each of the drive aisles will be 26 feet wide, which provides adequate room for circulation, turning, and backing for 90- degree parking aisles. 3.1.1 -11 3.1.1 -26 3.2.1 -3 4.3.1 -6 4.3.1 -7 4.3.2 -3 4.3.2 -8 NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 84 Shoreline and Bluff Require new development to minimize impacts to public access to and along the shoreline. public access from the nearest public roadway to the shoreline and along the shoreline with new development except where (1) it is inconsistent with public safety, military security needs, or the protection of fragile coastal Provide adequate park and recreational facilities to accommodate the needs of new residents when allowing new development. Require grading /erosion control plans to include soil stabilization on graded or disturbed areas. Require measures to be taken during construction to limit land use disturbance activities such as clearing and grading, limiting cut- and -fill to reduce erosion and sediment loss, and avoiding steep slopes, unstable areas, and erosive soils. Require construction to minimize disturbance of natural vegetation, including significant trees, native vegetation, root structures, and other physical or biological features important for preventing erosion or sedimentation. Require that development not result in the degradation of coastal waters (including the ocean, estuaries and lakes) caused by changes to the hydrologic landscape. To the maximum extent practicable, runoff should be retained on private property to prevent the transport of bacteria, pesticides, fertilizers, pet waste, oil, engine coolant, gasoline, hydrocarbons, brake dust, tire residue, and other pollutants into recreational waters. Access Although the subject property is located within the City's coastal zone, it is not located along the Newport Beach shoreline and, therefore, would not deter coastal access in anv way. As indicated above, direct shoreline access from the subject property does not exist. 1 ne proposed project site consists of 14b acres mat presently encompass a private golf and tennis facilities. Although private in nature, these facilities will continue to serve a segment of the City's recreational needs. In addition, the five single - family residential dwelling units proposed (i.e., The Villas) will be subject to the City's park 1 ne project applicant is requlree to prepare ana implement BMPs pursuant to the Stormwater Pollution Prevention Plan ( SWPPP) that will be required prior to the issuance of the grading permit for the proposed project. Implementation of these construction BMPs will ensure that grading /erosion control measures are implemented. These measures are intended to minimize erosion and stabilize the site during grading. As indicated above, the applicant will also be required to implement BMPs to ensure that point source and non -point source pollutants are minimized. BMPs will be required as part of the project's development in order to ensure that the potential discharge of pollutants of concern is minimized. The NPDES Technical Study prepared for the project identifies a range of potential BMPs that are intended to minimize erosion associated with water and wind. Several potential erosion control measures have been identified, including the use of hydroseeding, hydromulch, preservation of existing vegetation, scheduling of construction to avoid the climatic conditions that contribute to potential erosion, soil binders, velocity dissipation devices, etc. The SWPPP that will be prepared and approved by the City of Newport Beach will ensure that all appropriate BMPs are implemented to ensure that potential construction - related water quality Because the site has been altered and developed with existing golf and tennis facilities, project implementation will not result in significant changes to the existing runoff conditions; however, because both construction and post - construction BMPs will be incorporated into the project design, it is anticipated that some improvement in the quality of the storm and related surface runoff emanating from the site will occur when compared to the existing runoff quality. As indicated above, the applicant will be required to prepare a WQMP and SWPPP to ensure that surface discharges do not degrade the receiving waters. These plans must be approved by the City of Newport required to incorporate BMPs that address on -site retention and treatment of surface runoff. The WQMP and SWPPP will include measures to prevent the discharge of pollutants into the storm drain system. Potential post- construction BMPs that may be implemented include grassy swales, detention basins, 4.3.2 -11 4.3.2 -12 4.3.2 -13 4.3.2 -16 4.3.2 -23 NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 85 Require new development to minimize the creation of and increases in impervious surfaces, especially directly connected impervious areas, to be maximum extent practicable. Require redevelopment to increase area of pervious surfaces, where feasible. Require development to protect the absorption, purification, and retention functions of natural drainage systems that exist on the site, to the maximum extent practicable. Where feasible, design drainage and project plans to complement and utilize existing drainage patterns and systems, conveying drainage from the developed area of the site in a non - erosive manner. Disturbed or degraded natural drainage systems should be restored, Site development on the most suitable portion of the site and design to ensure the protection and preservation of natural and sensitive site resources. Require structural BMPs to be inspected, cleaned, and repaired as necessary to ensure proper functioning for the life of the development. Condition coastal development permits to require ongoing application and maintenance as is necessary for effective operation of all BMPs (including site design, source control, and treatment Require new development applications to include a Water Quality Management Plan (WQMP). The WQMP's purpose is to minimize to the maximum extent practicable dry weather runoff, runoff from small storms (less the 3/7 of rain falling over a 24 -hour period) and the concentration of pollutants in such runoff during construction and post- hydrodynamic separator systems, etc. The BMPs will ensure that runoff will be treated to prevent the continued degradation of Newport Bay. Project implementation will result in an improvement to surface water quality because no or only limited treatment occurs at the present time. Project implementation will result in an increase of 6.2 cfs when compared to the existing runoff volume. This increase in runoff equates to a 1.3 percent increase in the existing 462 cfs that currently flows in this the existing 69- inch RCP that transports the flows to Newport Bay where it is discharged. As indicated above, the implementation of BMPs will require detention and treatment prior to Only minor changes will occur to the existing drainage systems that accommodate runoff from the site. Surface flows will generally be directed in the same fashion and into the same existing drainage facilities that currently accept storm runoff generated on the site. The site is generally devoid of natural and/or sensitive resources because it has been substantially altered by prior development of golf and tennis facilities. It is anticipated that some additional pervious area of the property will be improved with structures and impervious surfaces on the Golf Club component; however, the proposed development will occur in the same general area of the site that is currently developed. No important natural and /or sensitive site resources would be adversely affected by the proposed project. The minor increase in surface runoff attributed to site development would be treated prior to its ultimate discharge into Newport Bay to The SWPPP and WQMP that will be prepared for the proposed project will include a maintenance plan and program to ensure that the structural BMPs function effectively and efficiently and that surface runoff meets discharge requirements. An NPDES Technical Study has been prepared and is the precursor to the WQMP, which will identify both structural and non - structure BMPs to treat surface runoff generated on the site. Protect and, where feasible, enhance the scenic and The project is not located along the ocean, bay or harbor 4.4.1 -1 visual qualities of the coastal zone, including public views and is devoid of coastal bluffs and other features identified to and along the ocean, bay, and harbor and to coastal by the City as important visual amenities. 4.4.1 -2 4.4.1 -6 Design and site new development, including landscaping, so as to minimize impacts to public coastal views. A Landscape Concept Plan has been prepared that incorporates a hierarchy of landscape materials, including mature trees, shrubs, and ground cover in a thematic approach to ensure that the aesthetic integrity of the site is maintained and the character complements the coastal character of the coastal zone within which the site is located. In particular, a variable setback along East Coast Highway will be landscaped and bermed to soften and aesthetically enhance and screen the parking lot and to provide enhanced views into the site to provide a greater buffer between the park and residential development located to the south. across East Coast Hichway. 4.4.2 -2 4.4.3 -15 4.5.1 -1 4.5.1 -2 4.5.1 -3 4.5.1 -4 NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 86 Continue to regulate the visual and physical mass of structures consistent with the unique character and visual scale of Newport Beach. Design and site new development to minimize the removal of native vegetation, preserve rock outcroppings, and protect coastal resources. significantly altered as a result of project implementation. The development would not be visible from this Coastal View Road because of the landscaping that exists along the roadway, which blocks and /or filters views to the Villas, The Bungalows, and the Tennis Club. The proposed PC District regulations prescribe the architectural character of the proposed structures as well as development standards related to building height, setbacks, landscaping, etc., to ensure that the mixed uses are compatible with the surrounding development. As indicated in the PC District regulations, the development standards are intended to "... ensure the harmony and continuity of design parameters that are respectful to the properties of its California coastal heritage." The development and design standards address building mass, scale, materials, landscape treatment, and the existing golf and tennis facilities. As a result, no significant rock outcroppings or other important visual amenities exist on the site. No native vegetation will be removed as a result of oroiect implementation. and Cultural Resources Require new development to protect and preserve paleontological and archaeological resources from destruction, and avoid and minimize impacts to such resources. If avoidance of the resources is not feasible, require an in situ or site - capping preservation plan or a recovery plan for mitigating the effect of the development. all grading and /or excavation where there is a potential to affect cultural or paleontological resources. If grading operations or excavations uncover paleontological /archaeological resources, require the paleontologist/archaeologist monitor to suspend all development activity to avoid destruction of resources until a determination can be made as to the significance of the paleontological /archaeological resources. If resources are determined to be significant, require submittal of a mitigation plan. Mitigation measures considered may range from in -situ preservation to recover and /or relocation. Mitigation plans shall include a good faith effort to avoid impacts to cultural resources through methods such as, but not limited to, project redesign, in situ preservation /capping, and placing cultural resources Notify cultural organizations, including Native American organizations, of proposed developments that have the potential to adversely impact cultural resources. Allow qualified representatives of such groups to monitor grading and /or excavation of development sites. Where in situ preservation and avoidance are not feasible, require new development to donate scientifically valuable paleontological or archaeological materials to a responsible public or private institution with a suitable repository, located within Orange County, whenever The proposed project includes the redevelopment of an existing golf and tennis facilities, which have resulted in significant alteration of the existing site. Although it is not expected that significant cultural resources would be encountered on the site during grading and construction, a cultural resources monitor will be available during grading to ensure that should such resources be encountered, appropriate measures will be implemented to protect artifacts and related materials. In the event human remains, cultural resources and /or fossils are encountered, ground- disturbing excavations in the vicinity of the discovery shall be redirected or halted until a qualified archaeological /paleontological monitor inspects the site to assess the significance of the find. A Native American representative shall be contacted if there is a likelihood that human remains could be of Native American origin. Native American organizations as mandated by SB18. Because the site has been altered by grading and development that has occurred in the past, it is unlikely that potential impacts to cultural resources would occur; however, monitoring during grading will be required. In the event important cultural resources are encountered, Consistent with this policy, any discovery of artifacts and /or resources, along with supporting documentation and an itemized catalogue, will be accessioned into the collections of a suitable repository. Where there is a potential to affect cultural or As indicated above, it is not anticipated that cultural paleontological resources require the submittal of an resources would be encountered based on the level of NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 87 Policy No. CLUP Polic Consistency Analysis archaeological /cultural resources monitoring plan that disturbance that has taken place on the site. However, identifies monitoring methods and describes the should such resources be encountered during grading procedures for selecting archaeological and Native and construction, the archaeological /paleontological American monitors and procedures that will be followed if monitor will have the authority to halt or redirect grading additional or unexpected archaeological /cultural operations to avoid impacts and allow proper evaluation resources are encountered during development of the and disposition of the resources. site. Procedures may include, but are not limited to, provisions for cessation of all grading and construction activities in the area of the discovery that has any potential to uncover or otherwise disturb cultural deposits in the area of the discovery and all construction that may foreclose mitigation options to allow for significance testing, additional investigation and mitigation. Environmental Review Require applications for new development, where applicable, to include a geologic /soils /geotechnical study that identifies any geologic hazards affecting the project site, any necessary mitigation measures, and contains A geological assessment has been prepared (refer to statements that the project site is suitable for the Section VI of this analysis, which describes the potential proposed development and that the development will be geotechnical constraints (e.g., settlement, ground safe from geologic hazard for its economic life. For shaking, etc.) that affect site development. Several 4.6 -9 development on coastal bluffs, including bluffs facing recommendations have been identified to ensure that the Upper Newport Bay, such reports shall include slope proposed structures and project components are stability analyses and estimates of the long -term average adequately protected from potential soils, geologic and bluff retreat rate over the expected life of the seismic conditions. development. Reports are to be signed by an appropriately licensed professional and subject to review and approval by qualified city staff member(s) and /or contracted emplo sets). C) Would the project conflict with any applicable habitat conservation plan or natural community conservation plan? No Impact. As previously indicated, the subject property is currently developed with private golf and tennis facilities. As a result, the project site does not support either sensitive habitat and /or species. Furthermore, the property is not subject to a habitat conservation plan area or natural community conservation plan area. Therefore, no significant impacts are anticipated and no mitigation measures are required. Mitigation Measures No significant impacts are anticipated and no mitigation measures are required. XI. MINERAL RESOURCES a) Would the project 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 project site is currently developed with private golf and tennis facilities. Neither the Newport Beach General Plan (Land Use Element and /or Recreation and Open Space Element) nor the State of California has identified the project site or environs as a potential mineral resource of Statewide or regional significance. No mineral resources are known to exist and, therefore, project implementation will not result in any significant impacts. NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 88 b) Would the project 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. As indicated above, the Newport Beach General Plan does not identify the project environs as having potential value as a locally important mineral resource site. Project implementation (i.e., new Golf Club clubhouse, residential and resort uses) as proposed will not result in the loss of any locally important mineral resource site and, therefore, no significant impacts will occur. Mitigation Measures No significant impacts are anticipated and no mitigation measures are required XII. NOISE a) Would the project result in 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. There are several characteristic noise sources typically identified with general development such as proposed at the Newport Beach Country Club. Construction activities, especially heavy equipment, will create short -term noise increases near the project sites. Vehicular traffic volumes on area roadways around the proposed project will slightly decrease as a result of conversion of 17 tennis courts to less traffic - intrusive residential and hotel uses. This will result in a very small area -wide traffic noise reduction. However, vehicular noise impacts on proposed on -site residential uses were examined. Project activities will entail the continuation of long standing outdoor golf and tennis uses and limited indoor activities. Outdoor recreational activities at the Country Club represent a continuation of existing activities, which are compatible with the nearby residential and non - residential development in the project environs. Although some noise is associated with tennis, in particular, it is not so intrusive that it would be disruptive or incompatible with the existing uses. No noise impact analysis was therefore conducted for outdoor recreation because golf activities will remain at the existing level and tennis activities will be reduced with the reduction in the number of tennis courts. The primary noise sources for off -site uses that would be of possible concern would be any changes in the parking lot activity noise. Additionally, any new HVAC equipment installed on the project site would be required to meet noise standards as outlined in the City of Newport Beach Municipal Code. Noise impacts anticipated to occur as a result of the proposed project are discussed in greater detail in Section Xll.c., below. b) Would the project result in exposure of persons to or generation of excessive ground borne vibration or ground borne noise levels? Less than Significant Impact. Construction activities generate groundborne vibration when heavy equipment travels over unpaved surfaces or when it is engaged in soil movement. The effects of ground -borne vibration include discernable movement of building floors, rattling of windows, shaking of items on shelves or hanging on walls, and rumbling sounds. Within the "soft' sedimentary surfaces of much of Southern California, ground vibration is quickly damped out. Because vibration is typically not an issue, very few jurisdictions have adopted vibration significance thresholds. Vibration thresholds have been adopted for major public works construction projects, but these relate mostly to structural protection (cracking foundations or stucco) rather than to human annoyance. Groundborne vibration attenuates quickly with distance. Vibration levels from the use of heavy equipment would be typical of that used for other projects; no blasting or other extraordinary grading techniques would be necessary to implementation the proposed project. Therefore, potential groundborne vibration would be expected to be imperceptible at the nearest off -site homes. Construction activity vibration impacts are judged as less than significant. NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 89 C) Would the project result in a substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? Less Than Significant Impact. Existing noise levels on the proposed project site derive mainly from vehicular sources on the adjacent arterial roadways. The proposed project site is currently a functioning Tennis and Golf Country Club. The surrounding area is developed with residential uses to the northeast and southwest. The site is bound by Newport Center Drive to the east, East Coast Highway to the south and Santa Barbara Drive to the north. Noise measurements were taken in order to document existing baseline levels in the area. On -site noise levels in the vicinity of the future on -site residential uses are in the 55 -60 dB range. Such levels are well within Newport Beach residential noise standards of 65 dB CNEL. The Villas and The Bungalows will be exposed to traffic along surrounding roadways. The projects residential component lies approximately 2,900 feet from the Jamboree Road centerline and 2,700 feet from the MacArthur Boulevard centerline. There are numerous intervening buildings separating the site from these roadways. Given the setback distance and noise attenuation provided by existing building structures, noise from these roadways was not considered to provide a significant impact upon the proposed project residential uses. East Coast Highway is approximately 450 feet from the closest proposed on- site residential use and as such provides the largest potential traffic noise impact. Although other roadways will add to the project noise exposure level, they will not dominate the noise environment. As discussed above, noise meters placed in the approximate location of the proposed on -site residential units demonstrated existing CNELs of 55 dB CNEL in the center of the proposed residential area and 60 dB CNEL at the approximate location of the closest residential unit. Existing office and Country Club buildings assist in shielding the proposed residential area from traffic noise emanating from East Coast Highway. Project - related traffic will not contribute significantly to the ambient noise levels in the area. In addition, the continuation of the tennis club would similarly not contribute significantly to the ambient noise levels and, therefore, would not adversely affect the nearby residential development because the number of tennis courts has been reduced and the noise levels would be expected to be the same or less than that currently associated with activities at the Tennis Club facility. As discussed earlier in this report, in year 2009, the section of PCH closest to the project site (between Jamboree Road and Newport Center Drive) had a traffic count of 35,660 vehicles per day equating to a noise level of 73.5 dB CNEL at 50 feet from the centerline. At 450 from the centerline, at the approximate location of the closest proposed on -site residence, this noise level decays to 59 dB CNEL due to distance spreading losses utilizing soft -site conditions. Several intervening buildings afford a partial shielding accounting for approximately -3 dB CNEL. The predicted on -site CNEL is approximately 56 dB. The measured CNEL levels were 55 and 59 dB. CNEL levels as calculated from both modeling and measurements are similar. Newport Beach Traffic Engineering estimates a 1 percent growth rate per year for traffic along Pacific Coast Highway. Assuming area buildout occurs in 2020, there would be almost 40,000 vehicles along Pacific Coast Highway each day, resulting in a +0.4 dB increase over existing. Therefore, the future noise level for proposed on -site residential uses would be indistinguishable from existing CNEL levels in the upper 50 dB range. This noise level is well below the City of Newport Beach recommended exterior compatibility noise level of 65 dB CNEL for residential uses. Typical exterior to interior noise attenuation with open windows is at least -10 dB CNEL, and in modern construction, 20 -30 dB CNEL with closed windows. This translates into interior levels of less than 51 dB CNEL with open windows and less than 41 dB CNEL with closed windows. Interior levels will readily meet the 45 dB CNEL standard for habitable rooms. There is no siting conflict for planned residential uses within the project site. NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 90 The project's primary parking lot will remain along PCH and will accommodate 300 cars. Smaller lots are scattered in the tennis court area and accommodate 20 -38 cars each. On -site proposed parking will accommodate 398 vehicles. In addition, to 554 parking stalls are also available to accommodate parking for the project through a parking agreement with the adjacent Corporate Plaza West development. Parking lot activities are sporadic but with a morning and evening peak hour volume. Existing peak hour traffic volume is 129 vehicles per hour. Proposed peak hour traffic volume will be 94 vehicles per hour. Noise emanating from vehicles entering and exiting the proposed project site improvements will be less than from existing site operations and will be spread over several areas. Parking lot noise is not anticipated to be a noise nuisance. The uses planned for the NBCC are a continuation of existing uses and do not represent any significant new noise source and as such is not anticipated to generate noise that will affect off -site uses. d) Would the project result in a substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing with the project? Less than Significant with Mitigation Incorporated. Temporary construction noise impacts will vary markedly because the noise strength of construction equipment ranges widely as a function of the equipment used and its activity level. Short -term construction noise impacts tend to occur in discrete phases dominated initially by demolition of existing structures and large earth - moving sources, then by foundation and parking lot construction, and finally for finish construction. The demolition and earth - moving sources are the noisiest, with equipment noise typically ranging from 75 to 90 dBA at 50 feet from the source. Point sources of noise emissions are typically attenuated by a factor of 6 dB per doubling of distance through geometrical (spherical) spreading of sound waves. The quieter noise sources will drop to a 65 dBA exterior /45 dBA interior noise level by about 200 feet from the source. For typical construction scenario, the louder noise sources may require over 1,000 feet from the source to reduce the 90+ dBA source strength to a generally acceptable 65 dBA exterior exposure level. Grading involves recycling the 14,583 cubic yards of removed hardscape to implement the proposed project. This hardscape would be removed and then crushed on -site to be utilized as fill material rather than require importation of fill dirt. Analysis of this scenario involves quantifying noise from crushing equipment that would operate on site. Rock crusher noise depends upon the type of material processed. Hard rock with large individual pieces is noisier than recycled asphalt. Asphalt is very soft material with the bulk of the noise coming from the screens and not the crusher. Noise impacts from the crushing operations that would occur within the project site are associated with the processing of the mostly concrete and broken asphalt rubble as the bulk of the material processed by the on -site crusher. The debris crushed on -site is considered a "soft" material. Sound decays at a rate of 6 dB per doubling of source - receiver distance for propagation across a smooth, hard surface. The drop -off rate across irregular, vegetated surfaces are somewhat faster. If there are obstructions to the direct line -of- sight, the drop -off rate is much faster. Placement of a large barrier along the line -of -sight can reduce levels by 15 -20 dB from their unimpeded transmission. Audibility will also depend upon background conditions. The closest off -site residence to possible crusher operations is approximately 500 feet. The noise impact from the crusher therefore depends on a very large number of variables: Type of material crushed Character of the underlying surface Source receiver distance Presence of any physical obstructions Masking effects of background levels NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 91 The noise envelope for a prototype crusher as a function of various variables is reflected in Table 12. Table 12 Rock Crusher Noise Envelope Newport Country Club Source Receiver Distance (feet) Soft Rock Surface 50 _Soft' 85 100 78 200 70 400 63 500 60 800 57 'Unpaved, vegetated and irregular surface SOURCE: Giroux & Associates (July 2009 The Noise Code identifies a desirable L25 noise exposure of 55 dB and L25 nighttime of 50 dB. Under direct line of sight conditions, crusher noise could slightly exceed the City's noise standard at the closest residences. Interruption of the line of sight would reduce noise levels by 10 dB or more and would meet the City's noise standard. Therefore, use of a stockpile of rubble, or a temporary sound blanket as a barrier between the crusher and the closest home(s), is required if the on -site recycling is selected (see Mitigation Measure MM -8). The project will also comply with the noise ordinance relating to permissible hours of construction operations and will not start construction operations until 8:00am. According to the City of Newport Beach Municipal Code, permissible hours of construction are 7:00 a.m. and 6:30 p.m. on weekdays and 8:00 a.m. and 6:00 p.m. on Saturdays. Construction is not permitted on any national holiday or on any Sunday. This exclusion from numerical standards ordinance compliance is presumed applicable to any mobile construction equipment, but not to a possible rock crusher. These hours are included as conditions on any project construction permits and these limits will serve to minimize any adverse construction noise impact potential. e) For a project located 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 expose people residing or working in the project area to excessive noise levels? No Impact. John Wayne Airport is located approximately 4.0 miles north of the subject property. As indicated in Section Vlll.e., a portion of the Newport Beach Country Club property is located within the AELUP Notification Area (i.e., FAR Part 77) for JWA. Noise in the vicinity of the project site associated with aircraft operations occurring at John Wayne Airport is below 60 dBA CNEL and therefore, the proposed clubhouse will not be subjected to excessive noise levels. Nonetheless, the City is required to submit the proposed PC Amendment to the ALUC for a determination of consistency in accordance with Section 4.3 of the AELUP prior to adoption by the City. No significant impacts are anticipated and no mitigation measures are 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. The project site is not within the vicinity of a private airstrip or other aviation facility that generates noise in the vicinity of the subject property. Development of the site as proposed will not result in potential adverse impacts, including safety hazards, to people residing or working in the project area. NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 92 Therefore, no significant impacts will occur as a result of project implementation and no mitigation measures are necessary. Mitigation Measures As indicated in the preceding analysis, potentially significant short -tem, construction noise impacts are anticipated as a result of project implementation in the event that a rock crushing operation is located on the subject property to utilize the on -site materials as fill. The following measures are recommended to ensure that potential construction noise impacts associated with the potential rock crushing operation are reduced to a less than significant level. Additional measures are also recommended to further reduce temporary construction noise levels. MM -3 During rock crushing operations, a sound blanket shall be used if a direct line of sight exists between the crusher and any off -site homes. MM -4 All construction equipment, stationary and mobile, shall be equipped with properly operating and maintained muffling devices. MM -5 Prior to issuance of a grading permit, a construction schedule shall be developed that minimizes potential project - related and cumulative construction noise levels. MM -6 The construction contractor shall notify the residents of the construction schedule for the proposed project, and shall keep them informed on any changes to the schedule. The notification shall also identify the name and phone number of a contact person in case of complaints. The contact person shall take all reasonable steps to resolve the complaint- MM-7 Heating, venting, and air conditioning (HVAC) equipment in or adjacent to residential areas shall be shown by computation, based on the sound rating of the proposed equipment, not to exceed an A- weighted sound pressure level of fifty (50) dBA or not to exceed an A- weighted sound pressure level of fifty -five (55) dBA. XIII. POPULATION AND HOUSING a) Would the project 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? Less than Significant Impact. Project implementation includes the development of five (5) single - family detached residential dwelling units. Based on the City's population per household average of 2.19,'' the proposed project would generate a total of 11 residents. The residential development proposed with this project in Anomaly No. 46 (i.e., Tennis Clubhouse component) is permitted in accordance with the MU -H3 land use designation. As a result, the addition of the five single - family residential dwelling units is consistent with the General Plan. Consequently, development of these dwelling units would not result in either direct or indirect unanticipated growth in the City. Therefore, no significant impacts are anticipated and no mitigation measures are required. b) Would the project displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? No Impact. As previously indicated, the project site is developed with the Newport Beach Country Club and former Balboa Bay Tennis Club; both are private recreational facilities. No residential development exists within the limits of the subject property. Project implementation, therefore, will not result in the displacement of any existing residential dwelling units that would necessitate replacement elsewhere in the City. No significant impacts will occur and no mitigation measures are required. '5Newport Beach Housing Element; Table H14. NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 93 C) Would the project displace substantial numbers of people, necessitating the construction of replacement housing? No Impact. As indicated above, the subject property does not support existing residential uses; therefore, no displacement of occupants will occur and no mitigation measures are required. Mitigation Measures No significant impacts are anticipated and no mitigation measures are required. XIV. 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? Less than Significant Impact. Fire protection facilities and service to the subject property are provided by the Newport Beach Fire Department (NBFD). In addition to the City's resources, the NBFD also maintains a formal automatic aid agreement with the Orange County Fire Authority (OCFA) and all neighboring municipal fire departments to facilitate fire protection in the City should the need arise. Fire Station No. 3 - Fashion Island is the closest responding fire station to the subject property. The project includes all necessary fire protection devices, including fire sprinklers. The project must comply with the current Building and Fire Codes adopted by the City. A code compliance analysis will be conducted by City staff to ensure that adequate water pressure and related features required by the City are provided to ensure that the project complies with the CFC and related City codes. Adequate water supplies and infrastructure, including fire hydrants, exist in the vicinity of the project, and there is no requirement for other new facilities or emergency services. Police protection? Less than Significant Impact. The Newport Beach Police Department (NBPD) is responsible for providing police and law enforcement services within the corporate limits of the City. The Police Department headquarters is located at 870 Santa Barbara Drive, at the intersection of Jamboree Road and Santa Barbara, approximately two miles northeast of the subject property. The NBPD currently has a ratio of 1.91 sworn officers for each 1,000 residents in the City. This ratio is adequate for the current population. Police and law enforcement service in the City is provided by patrols with designated "beats." Development of the subject site as proposed would not require an expansion to local law enforcement resources and therefore would not result in any environmental impacts involving construction of new law enforcement facilities. No significant impacts are anticipated and no mitigation measures are required. Schools? Less than Significant Impact. The provision of educational facilities and services in the City of Newport Beach is the responsibility of the Newport -Mesa Unified School District. Residential and non - residential development is subject to the imposition of school fees. Payment of the State - mandated statutory school fees is the manner by which potential impacts to the District's educational facilities are mitigated. The five single - family residential dwelling units (i.e., The Villas) included in the proposed project would not generate a significant number of new students in the District. The five dwelling units were included in the General Plan Update analysis. Based on the General Plan analysis of new dwelling units within the City, Update proposed project would generate approximately 2 students. New or expanded school facilities would not be required to provide classroom and support space for the low number of school age children. However, as indicated above, the project applicant must pay the applicable school fee 16 Newport Beach General Plan Update EIR; June 2006. NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 94 to the school district, pursuant to Section 65995 of the California Government Code, in order to offset the incremental cost impact of expanding school resources to accommodate the increased student enrollment associated with one new residence. With the payment of the mandatory school fees, no significant impacts would occur as a result of project implementation. Other public facilities? No Impact. Due to the reduction in residential density, no increased demand for other public services is anticipated and there would be no need to construct any new public facilities. No significant impacts are anticipated and no mitigation measures are required. Mitigation Measures No significant impacts are anticipated and no mitigation measures are required. Xv. 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? Less Than Significant Impact. Implementation of the proposed project will result in the construction of only five single - family homes, known as the Villas, 27 short -term hotel units, known as The Bungalows, and a remodeled private Tennis Club, including the Tennis Clubhouse. The Bungalows will be available for use by Tennis Club and Golf Club members, as well as the general public. Although residents of the proposed Villas and visitors of the Bungalows would occasionally visit local and regional parks and beaches, use of those public facilities by the future Villa residents and Bungalow guests would not represent a substantial change in the intensity of usage and the impact would not result in substantial physical deterioration of those park areas. The subject site is located in Service Area 9 (Newport Center), which currently supports 19 acres of existing parkland, which exceeds the 10.9 acres of parkland "needs" based on the City's currently a requirements. Nonetheless, the applicant would be subject to the payment of in -lieu park fees (refer to XV.b) in accordance with Title 19 of the Newport Beach Municipal Code. No significant impacts to recreational facilities are anticipated and no mitigation measures are required. 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? No Impact. Development of the site as proposed would not require the construction of new or the expansion of existing recreational facilities in the City of Newport Beach. However, as indicated above, Title 19 (Subdivisions) of the Newport Beach Municipal Code requires the developer to pay a fee for the proposed residential component of the project. This fee will be used to augment recreational facilities in the City. Therefore, no significant impacts are anticipated and no mitigation measures are required. Mitigation Measures No significant impacts are anticipated and no mitigation measures are required NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 95 XVI. TRANSPORTATION /TRAFFIC a) Would the project conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation, including mass transit and non - motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? Less Than Significant with Mitigation Incorporated. Short -term traffic impacts are those resulting from site preparation (i.e., grading and site preparation) and construction activities. With the exception of heavy trucks traveling to and from the site in the morning and afternoon to be used during site preparation and construction that occurs on -site, no other heavy truck traffic associated with hauling earth materials to or from the site will occur. During the construction phase, there will be periods of time when heavy truck traffic would occur that could result in some congestion on East Coast Highway. However, the number of heavy trucks entering and leaving the project area would be limited to those transporting equipment and materials to the site. Other construction - related traffic impacts are associated with vehicles carrying workers to and from the site and medium and heavy trucks carrying construction materials to the project site, which may result in some minor traffic delays; however, potential traffic interference caused by construction vehicles could create a temporary /short -term impact to vehicles using neighboring streets in the morning and afternoon hours. Therefore, aside from potentially minor impacts resulting from the increase in traffic that will occur as a result of construction - related traffic (e.g., construction materials, construction workers, etc.), no significant short -term impacts are anticipated to occur as a result of project implementation. Nonetheless, the construction traffic impacts would be adequately addressed through the implementation of a Construction Staging, Parking and Traffic Control Plan for each phase of construction. Project implementation would result in a net decrease in vehicular trips. As indicated in Table 13, the proposed project would generate a total of 1,183 trips per day, including 69 a.m. peak hour trips and 94 p.m. peak hour trips. These figures are compared to the 1,572 daily trips and 72 a.m. peak hour and 129 p.m. peak hour trips currently generated by the existing golf and tennis facilities. The resulting decrease in daily and peak hour trips would, therefore, not adversely affect any of the operational levels of service of the intersections in the project environs. As indicated in Table 13, project implementation would result in the elimination of 17 tennis courts, which would be replaced by The Bungalows and five single - family residential dwelling units. As a result, traffic generated by the proposed project would decrease by 389 daily trips; a.m. and p.m. peak hour trips would also decrease by 3 and 35 trips, respectively. Since the proposed Newport Beach Country Club project would generate less daily and peak hour traffic than the existing development, a detailed traffic analysis was not conducted. No significant project - related or cumulative long -term traffic impacts would occur as a result of the proposed project and no mitigation measures are required. NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 96 Table 13 Summary of Project Trip Generation Newport Beach Country Club Land Use Unit Trip Generation Rates AM Peak Hour PM Peak Hour Daily In Out I Total In Out Total' Golf Club Hole 35.74 1.76 0.47 1 2.23 1.23 1.51 2.74 Tennis Club Court 38.70 0.66 0.66 1.32 1.68 1.68 3.36 Bungalows Room 8.17 0.34 0.2 0.56 0.31 0.28 0.59 Single-Family Residential DU 9.57 0.19 0.56 0.75 0.64 0.37 1.01 Land Use Unit Trip Generation Estimates AM Peak Hour PM Peak Hour Daily In Out Total In l— Existing Develo ent Golf Club 18 Holes 643 32 F 8 40 22 27 49 Tennis Club 24 Courts 929 16 16 32 40 40 80 Total — Existing Uses 1,572 48 24 72 62 67 129 Proposed Development Golf Club 18 Holes 643 32 8 40 22 27 49 Tennis Clubhouse 7 Courts 271 5 5 10 12 12 24 Bun alows 27 Rooms 221 9 6 15 8 8 16 Single-Family Residential 5 DU 48 1 3 4 3 2 5 Total — Proposed Uses 1,183 47 22 69 45 49 94 Net New Trips -389 -1 1 -2 -3 -17 -18 -35 'Trip generation rates from Institute of Transportation Engineers (ITE) Trip Generation (81h Edition). SOURCE: Kimle -Horn Associates, Inc. June 2009 b) Would the project conflict with an applicable congestion management program, including, but not limited to level of service standard and ravel demand measures, or other standards established by the county congestion management agency for designated roads or highways? No Impact. As indicated in Table 3 in Section XVI.a, project implementation will result in a net decrease in vehicular trips. Neither the daily nor peak hour trips exceed those required to undertake a CMPAs a result, intersection analysis. Traffic operations in the project area would not be adversely affected by project - related traffic. Therefore, the proposed project would neither result in direct project- related impacts nor contribute to the cumulative degradation of any intersection in the project environs. Furthermore, project implementation would not conflict with either the County's CMP or other standard, including those adopted by the City of Newport Beach. No significant cumulative impacts are anticipated and no mitigation measures are required. C) Would the project result in a change in air traffic pattern, including either an increase in traffic levels or a change in location that results in substantial safety risks? No Impact. The proposed project site is located approximately four miles from John Wayne Airport and is not located within an area that is affected by aircraft operations. The proposed Planned Community District regulations for the project allow for a maximum building height of 50 feet. The proposed structures would not necessitate any changes in the air traffic patterns because the project site is not NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 97 located within the airport environs and would not affect airport operations. This project would have no effect on the volumes of air traffic occurring at John Wayne Airport or any other airports in the region. No significant impacts are anticipated and no mitigation measures are required. d) Would the project 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. During the construction phases, a variety of construction vehicles, including large delivery trucks, concrete pumpers, dump trucks, and a variety of passenger vehicles, will travel to and from the subject property. On some occasions, there will be a number of medium and heavy trucks that could add to local congestion levels and possibly affect through- traffic for short periods of time. Although potential conflicts are anticipated to be less than significant, implementation of a construction traffic management plan (refer to MM -10), which is required by the City of Newport Beach, would ensure that any conflicts resulting during the construction phase would be minimized. The project proposes changes to the main parking area in front of the Golf Clubhouse, including landscaping and beautification of the area and minor changes to on -site circulation; the project site access to the public street system at East Coast Highway (via Irvine Terrace) and at Granville Drive will remain unchanged. Irvine Terrace will be improved with a landscaped median and will be striped to delineate two inbound lanes and two outbound lanes. However, in order to accommodate left -turn movements, the left -turn pocket at the intersection with East Coast Highway should be lengthened to provide a minimum of 100 feet plus the transition. With the incorporation of this measure, no significant impacts are required. In addition, a new drive aisle with a drop -off area will also be added to the front of the Golf Clubhouse and a second entry point to the main parking lot will be added at the northwest corner of the lot. The parking rows in the main body of the parking lot will be reconfigured to an east -west orientation, with access aisles provided on both ends of the parking lot. Each of the drive aisles will be 26 feet wide, which provides adequate room for circulation, turning, and backing for 90- degree parking aisles. Pedestrian access from the Golf Club parking lot is improved by a pedestrian walkway with enhanced paving through the center of the parking lot, which connects directly to the Golf Clubhouse. e) Would the project result in inadequate emergency access? Less than Significant Impact. The primary access to the project site is provided via a drive aisle that connects to the end of Irvine Terrace, which in turn connects to East Coast Highway (i.e., State Highway 1). Irvine Terrace also provides access to the adjacent Corporate Plaza West development. The Irvine Terrace /East Coast Highway intersection is a signalized intersection. As indicated in Section XVI.d, Irvine Terrace will be improved with two inbound and two outbound lanes. In addition to the project access from Irvine Terrace, the project proposes a new access and cul -de -sac, which will provide access to The Bungalows and The Villas. Indirect access is also available from Farallon via Newport Center Drive east of the site; however, access to The Tennis Club, The Bungalows, and The Villas would be from the proposed cul -de -sac. Adequate emergency access exists to serve both components of the proposed project. Nonetheless, the Newport Beach Fire Department will conduct a code compliance analysis with the City's Building Department to ensure that adequate emergency access is provided. f) Would the project conflict with adopted policies, plans or programs regarding public transit, bicycle, or pedestrian facilities? Less than Significant Impact. As indicated in Table 10, the proposed project is consistent with relevant policies articulated in the City's Circulation Element of the General Plan. In addition, public transportation would not be impacted by the proposed. The project is located in an area of the City that is served by public transportation (OCTA bus service) and public transit access is available in the project vicinity along Coast Highway. The project is located in proximity to existing retail and commercial development. The addition of five single - family residential dwelling units, 27 bungalows and spa would be adequately served by the existing public transportation available along PCH and in the project environs. Similarly, neither NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 98 bicycle nor pedestrian facilities would be significantly altered as a result of the proposed project. Bicycle lanes along Coast Highway would not be affected. In addition, walkways within the proposed project would accommodate pedestrians. No significant impacts are anticipated and no mitigation measures are required Mitigation Measures The following mitigation measure is proposed to minimize the level of impact associated with temporary construction traffic: MM -8 Prior to commencement of each major phase of construction, the Applicant shall submit a Construction Staging, Parking and Traffic Control Plan for approval by the Public Works Department, which shall address issues pertaining to potential traffic conflicts during peak traffic periods, potential displacement of on- street parking, and safety. This plan shall identify the proposed construction staging area(s), construction crew parking area(s), estimated number and types of vehicles that will occur during each phase, the proposed arrival /departure routes and operational safeguards (e.g. flagmen, barricades, etc.) and hourly restrictions, if necessary, to avoid traffic conflicts during peak traffic periods and to ensure safety. If necessary, the Construction Staging, Parking Traffic Control Plan shall provide for an off -site parking lot for construction crews which will be shuttled to and from the project site at the beginning and end of each day until such time that the project site can accommodate off - street construction vehicle parking. The plan shall identify all construction traffic routes, which shall avoid narrow streets unless there is no alternative, and the plan shall not include any streets where some form of construction is underway within or adjacent to the street that would impact the efficacy of the proposed route. Dirt hauling shall not be scheduled during weekday peak hour traffic periods. The approved Construction Staging, Parking and Traffic Control Plan shall be implemented throughout each major construction phase. MM -9 The left -turn pocket on Irvine Terrace at the Coast Highway shall be increased in length to a minimum of 100 feet plus transition in order to adequately accommodate left -turn movements. XVII. UTILITIES & SERVICE SYSTEMS a) Would the project exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? No Impact. Wastewater from the City's sewer system is treated by the Orange County Sanitation District (OCSD), which is responsible for safely collecting, treating, and disposing the wastewater generated by 2.3 million people residing in central and northwest Orange County. Raw sewage generated in the City is treated at the OCSD Treatment Plant No. 2 in Huntington Beach, which has a treatment capacity of 276 million gallons per day (mgd). Treatment of raw sewage includes preliminary treatment, primary treatment, anaerobic digestion, secondary treatment, and solids handling. Treatment Plant No. 2 is operating at approximately 55 percent of its design capacity. Wastewater generated by the proposed project would be the same as other similar developments in the City and would not contain hazardous waste or other pollutants. Based on sewage generation rates in the City's General Plan EIR, the five single - family residential dwelling units would generate up to less than 2,000 gallons per day (gpd) of raw sewage. In addition, the 27 bungalows would generate an NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 99 additional, 4,050 gallons per day utilizing the visitor serving (i.e., hotel) generation factor. Because the Tennis Clubhouse and Golf Clubhouse and facilities currently exist, the increase in sewage generation from these two uses is anticipated to be approximately 3,300 gallons per day as a result of the increase in floor area associated with the Golf Clubhouse. The uses would generate approximately 7,750 gallons per day of raw sewage, compared to the 5,450 gallons per day estimated based on the existing floor areas. The additional sewage generated by the project would be incrementally insignificant when compared to the 4.1 mgd increase anticipated as a result of buildout of the City's General Plan. The raw sewage generated by the project would be disposed into the existing sewer system and would be transported to OCSD Treatment Plant No. 2, which is adequate capacity to accommodate the City's buildout needs for waste treatment. As a result, project implementation would not exceed existing treatment infrastructure and expansion would not be required. Furthermore, the additional treatment needs would not exceed wastewater treatment standards of the Regional Water Quality Control Board. No significant impacts are anticipated and no mitigation measures are required. b) Would the project 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? No Impact. Water demand and wastewater generation will not increase significantly as a result of the development of the five single - family residential dwelling units and 27 bungalows on the site. Based on water demand rates, the proposed project would generate a demand for approximately 45,000 gallons per day for the five single - family dwelling units and the 27 bungalow units." In addition, the Golf Clubhouse and Tennis Clubhouse would create a demand for an additional 7,750 gallons per day compared to the existing demand of 3,300 gallons per day. The proposed project is within the land use projections of the City, which are the basis of future water demand demands and wastewater generation within Newport Beach. The project will connect to existing water and wastewater facilities in the project vicinity. No expansion of these facilities is necessary due to existing capacity. No significant impacts are anticipated and no mitigation measures are required. C) Would the project 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? Less than Significant Impact. The project will result in additional impervious surface areas by the new buildings, streets, parking lots, walkways and other hardscape. The additional hardscape will result in a small increase in runoff during storm periods. The site will be designed to ensure that surface runoff will be directed to existing facilities. As indicated in Section VIII, some of the existing storm drain facilities do not have adequate capacity to accommodate existing or future storm flows; however, deficient in -tract facilities will be upgraded to accommodate post - development flows. All storm flows generated on the subject property will be collected and conveyed to Newport Bay where it will be discharged. Therefore, the increase in project - related storm flows will not result in a potentially significant impact and no mitigation measures are required. d) Would the project have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? Less than Significant Impact. See response to XVll.b above. The City of Newport Beach provides water service within the project vicinity. The City's water supplies are imported water purchased from the Municipal Water District of Orange County (MWDOC), groundwater pumped from the Orange County Groundwater Basin, and reclaimed water. The City currently maintains a total system capacity of approximately 100 million gallons in three facilities. According to the City's 2005 Urban Water Management Plan (UW MP), water supplies can continue to meet the city's imported water needs until the year 2030. Beyond that date, improvements associated with the State Water Project supply, additional local projects, conservation, and additional water transfers would be needed to adequately serve the City. 17 Assumes 2.19 persons per dwelling unit and bungalow, based on the City's population per household. NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 100 However, during short -term periods of water supply reductions, the City would implement its water shortage contingency plan. As indicated in the City's General Plan EIR, additional development accommodated under the General Plan, including the proposed project would increase water use within the City, thus increasing the need for water treatment services. However, as indicated above, MWD has indicated that it can meet all of the City's imported water needs through 2030. In addition, Orange County Water District anticipates that there would also be sufficient groundwater supplies to meet projected future demand requirements in the City. Future water demand based on the General Plan projections would not be increased significantly with the addition of the proposed development. The demand created by the proposed project is consistent with the City's long -range projections for development that are the basis of water demands in Newport Beach. The General Plan has identified the minimization of water consumption as one of its goals in the Natural Resources Element. The proposed project would be subject to the policies that would achieve that goal, including limiting water usage, prohibitions on activities that waste water or cause runoff, and water efficient landscaping and irrigation in conjunction with other water conserving devices and practices in new construction. Specifically, water conservation measures will be required on the proposed project as prescribed in Chapter 14.16 (Water Conservation and Supply Level Regulations) and Chapter 14.17 (Water- Efficient Landscaping) of the Newport Beach Municipal Code. Therefore, no significant direct or cumulative impacts are anticipated based on the findings in the City's General Plan EIR; no mitigation measures are required. e) Would the project 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? No Impact. See response to XVll.b above. As indicated in that response, adequate sewer collection, conveyance and treatment facilities exist to accommodate the incremental increase in raw sewage resulting from the development of the proposed project. No impacts are anticipated and no mitigation measures are required. f) Would the project be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? Less than Significant Impact. Project implementation will result in the generation of demolition debris and some refuse during the construction phase; however, it would be relatively small and would not adversely affect existing capacities at the County's sanitary landfills. The project includes recycling some of the demolition materials generated during the construction phase. Asphalt and concrete will be crushed on -site and utilized as fill material to accommodate the proposed project. As a result, the amount of demolition materials that would require transport to and placement in one of the County's landfills would be reduced by the recycling of the asphalt and concrete. Based on the City's General Plan EIR, it is anticipated that the Orange County landfill system will have adequate capacity to operate until 2035. Based on the solid waste generate rates presented in the General Plan EIR, the five single - family residential dwelling units and the 27 bungalows would generate less than 100 pounds per day of solid waste. Because the Golf Club and Tennis Club currently exist, no significant increase in refuse would be anticipated as a result of the reconstruction of those facilities. With the remaining capacity of approximately 44.6 million tons, as well as a 16 -year Iifespan at the Frank R. Bowerman Sanitary Landfill (without the proposed expansion that would extend the life of this facility to 2053), the City -wide potential increase in solid waste due to General Plan buildout, including the proposed project, would not result in the exceedance of capacity of that landfill. In addition, AB 939 mandates the reduction of solid waste. As a result, it is anticipated that at least a 50 percent reduction in refuse would be required. Therefore, the project will not result in a significant increase in solid waste production due to the proposed project. Existing landfills are expected to have adequate capacity to service the site and use. No significant impacts are anticipated and no mitigation measures are required. NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 101 g) Would the project comply with federal, state, and local statues and regulations related to solid waste? Less than Significant Impact. Solid waste production will be picked up by either the City of Newport Beach or a commercial provider licensed by the City of Newport Beach. All federal, state and local regulations related to solid waste will be adhered to through this process. No significant impacts are anticipated and no mitigation measures are required. Mitigation Measures No significant impacts are anticipated and no mitigation measures are required XVIII. MANDATORY FINDINGS OF SIGNIFICANCE The environmental analysis conducted for the proposed project indicates that although the proposed project could have the potential for significant adverse environmental impacts, the impacts would be reduced to a less than significant level through the implementation of mitigation measures as prescribed in the preceding analysis. 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? Less than Significant Impact. The proposed project would not have the potential to degrade the quality of the environment. The site is entirely developed with private recreational uses and has been altered from its natural state. As a result, it does not support sensitive habitat and /or sensitive plant or animal species. As a result, the proposed project would reduce the habitat of a wildlife species and /or threaten to eliminate one or more sensitive plant species. No historic structures or sites are present in the project area, which may be affected by the proposed project. The proposed project would not eliminate important examples of the major periods of California history or prehistory. Therefore, no significant impacts are anticipated and no mitigation measures are required. 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. Redevelopment of the site as proposed would result in a negligible difference in long -term environmental effects associated with use of the site. Project implementation would result in fewer vehicular trips and, therefore, a reduction in the pollutant emissions when compared to the existing use of the site. No significant impacts to biological resources, cultural resources, public health and safety, mineral resources, population and housing, agricultural resources or other environmental issues would occur. In addition, the proposed project would result in an overall reduction in the volume of storm runoff and an improvement in the quality of the water prior to its discharge when compared to the existing use of the site. Therefore, the project would not contribute to the cumulative degradation of the environment or exacerbate unacceptable environmental conditions (e.g., biological resources, etc.) when considered with other projects proposed in the project environs. NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 102 C) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Less than Significant with Mitigation Incorporated. The preceding analysis conducted for the proposed project indicated that although project implementation could result in some potentially significant environmental effects (e.g., soils and geology, hazards and hazardous materials, etc.), with the implementation of mitigation measures prescribed in this analysis, the proposed project would not result in significant environmental impacts on humans, either directly or indirectly. NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 103 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. Newport Beach General Plan; City of Newport Beach; adopted July 25, 2006. 2. Final Program EIR - City of Newport Beach General Plan 3. Title 20, Zoning Code of the Newport Beach Municipal Code. 4. City Excavation and Grading Code, Newport Beach Municipal Code. 5. Chapters 10.26 and 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. The following documents have been prepared specifically for this project, and are incorporated by reference within this initial study. The documents are available at the office of the City of Newport Beach, Planning Department. 1. Report of Geotechnical Studies and Review of Vesting Tentative Tract Map No. 15347, Newport Beach Country Club; GMU Geotechnical, Inc.; May 2, 2008. 2. Revised Preliminary Geotechnical Design Parameters for the NBCC Planned Community, Newport Beach Country Club; GMU Geotechnical, Inc.; April 25, 2008. 3. Phase I Environmental Site Assessment; Newport Beach Country Club Planned Community; Partner Engineering and Science, Inc.; April 3, 2009. 4. Traffic and Parking Evaluation for the Proposed Newport Beach Country Club Project in the City of Newport Beach; Kimley Horn and Associates, Inc.; June 2009. 5. NPDES Technical Study (Newport Beach Country Club Planned Community District Plan); Adams - Streeter Civil Engineers, Inc.; January 14, 2009 6. Preliminary Hydrology Report for Vesting Tentative Tract Map No. 15347; Adams - Streeter Civil Engineers, Inc.; July 13, 2009. 7. Newport Beach Country Club Planned Community District Plan; January 12, 2009. 8. Air Quality Analysis for the Newport Beach Country Club Project; Giroux & Associates; July 23, 2009. 9. Noise Assessment for the Newport Beach Country Club Project; Giroux & Associates; July 23, 2009. 10. Newport Beach Country Club Parking Supply Analysis; LSA Associates, Inc.; August 20, 2008. Attachment No. PC 6 Response to Comments (Not included in the staff report package due to their size and bulk) Attachment No. PC 7 Response to Irvine Company Letter (Not included in the staff report package due to their size and bulk) RESPONSE TO PUBLIC COMMENTS NEWPORT BEACH COUNTRY CLUB — Golf Realty Fund (PA 2005 -140) MITIGATED NEGATIVE DECLARATION — SCH NO. 2010091052 NEWPORT BEACH, CA INTRODUCTION The 30 -day public review period for the Mitigated Negative Declaration (MND) prepared for the Newport Beach Country Club (NBCC) project extended from September 20 through October 19, 2010. The City of Newport Beach received nine comment letters on the MND during the formal public review and comment period. Responses to the comments included in each of the letters received by the City have been prepared and are included with the Final MND. The comment letters were received from: 1. California Department of Transportation (September 22, 2010) 2. Southern California Gas Company (September 28, 2010) 3. California Department of Toxic Substances Control (October 14, 2010) 4. The Irvine Company (October 15, 2010) 5. CAA Planning (October 18, 2010) 6. California Coastal Commission (October 19, 2010) 7. Fainbarg & Feuerstein Properties (October 18, 2010) 8. Airport Land Use commission (October 19, 2010) 9. California Cultural Resource Preservation Alliance, Inc. (October 19, 2010) Newport Beach Country Club MND (PA 2005 -140) Responses to Public Comments March 2011 Page 1 r MQ A1ALQWtt1� en SlNftc Ta �NSPORTAT1eN 1`1D HOU$fSu1GF.�]' ARROLn SCuWABB7.r, GER 'orcmur DEPARTMENT OF TRANSPORTATION Disnict 12 • �' 3337 Michelson Drive, Suite 380 Irvine, CA 92612 -8894 Tel: (949) 724 -2267 Fler pour pmrcr! Fax: (949) 724 -2592 RECEIVED BY lie eneugv efcie a! PLANNINGDEPARTM13NT Letter No. 1 September 22„ 2010 OCT 15 2010 Rosalituh Ung File: IGRICEQA City of Newport Beach CITY ON NEWPORT BEACH SCH #: 2010091052 3300 Newport Boulevard Log #: 2581 Newport Beach, CA 92658 SR -1 Subject: Newport Beach Country Club Planned Community (PA2005 -140) Dear Ms. Ung, Thank you for the opportunity to review and comment on the Negative Declaration for the Newport Beach Country Chub Planned Community (PA2005 -140). The project proposes to demolish the existing tennis and golf clubhouses and to construct a new tennis clubhouse (3,735 square feet) and golf clubhouse (35,000 square feet) and ancillary facilities (i.e., cart bane). The applicant is also proposing to construct 27 short term visitor units ( "Bungalows ") and Bungalow spa/fitness area and concierge and guest meeting facilities; and five single - family residential dwelling units ( "Villas') on the subject property. The nearest State route to the project site is SR -1. I The California Department of Transportation (Department), District 12 is a commenting agency on this 1 project and we have no comment at this time. However, in the event of any activity within the Department's right -of -way, an encroachmentpennit will berequu:ed. Please continue to keep us informed of this project and any future developments, which could potentially impact State transportation facilities. If you have any questions or need to contact us, please do not hesitate to call Damon Davis at (949) 440 -3487. Sine rely, -` hris Here, rancYChief Local Development/Intergovernmental Review C: Terry Roberts, Office of Planning and Research — calirmrs improves nioblllp• across California " California Department of Transportation (September 22, 2010) Response to Comment No. 1 This comment is acknowledged. Should an encroachment permit be required, Caltrans will be notified. Response to Comment No. 2 As suggested in this comment, the City of Newport Beach will continue to coordinate any project - related activities that affect State transportation facilities and require Caltrans approval. Newport Beach Country Club MAIL) (PA 2005140) Responses to Public Comments March 2011 Page 2 Southern California Gas Campany a Sempra Energy unity" September 28, 2010 City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658 Attention: Rosalinh Unh 1919. S. Stale College Blvd. ItECBNEI) Anaheim, CA 92806-6114 BY pLAMMCI DBPARTMENT Letter No. 2 OCI 01 2010 Crry OF NEWPORT BEACH Subject: Mitigated Negative Declaration for Newport Beach Country Club Planned Community (PA2005 -140) 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 1 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 2 service may be obtained by contacting the Planning Associate for your area, Dave Ballwin at (714) 634 -3267. Sincerely, Mike Harriet Technical Supervisor Orange Coast Region - Analicim MHAs milneade.doe 2. Southern California Gas Company (September 28, 2010) Response to Comment No. 1 As indicated in this comment, the project would be served by Southern California Gas Company (Sempra Energy) by facilities that exist in the area that can be altered or abandoned without any significant impact on the environment. This comment is acknowledged; no response is necessary. Response to Comment No. 2 As suggested in this comment, should information regarding particular aspects of the proposed construction be needed, the applicant will contact Mr. Baldwin at the telephone number provided. Newport Beach Country Club MND (PA 2005 -940) Responses to Public Comments March 2011 Page 3 W,C,id Ms. Rosalinh Ung City of Newport Beach Planning Department 3300 Newport Boulevard Newport Beach, California 92658 DRAFT MITIGATED NEGATIVE DECLARATION (ND) FOR NEWPORT BEACH COUNTY CLUB (SCH# 2010091052) PPrD_ g— 1'fv Dear Ms. Ung: The Department of Toxic Substances Control (DTSC) has received your submitted document for the above- mentioned project. As stated in your document: "The applicant is proposing the demolition of the existing tennis and golf clubhouses and the construction of a new tennis clubhouse and golf clubhouse and ancillary facilities. The applicant is also proposing to construct 27 short term visitor serving units ( "Bungalows ") and Bungalow spa /fitness area and concierge and guest meeting facilities; and five single family residential dwelling units on the subject property. Project implementation will necessitate the approval or the following discretionary actions; 1. Vesting Tentative Tract Map; 2. Development Agreement: 3. Approval in Concept for a Coastal Development Permit; 4. Transfer of Development Rights; and 5. Planned Community Text adoption". Based on the review of the submitted document DTSC has the following comments: 11) The ND should identify and determine whether current or historic uses at the 1 project area may have resulted in any release of hazardous wastes /substances. 12) The document states that the ND would identify any known or potentially contaminated sites within the proposed project area. For all identified sites; the 2 NO should evaluate whether conditions at the site may pose a threat to human health or the environment. Following are the databases of some of the regulatory agencies: Printed on Recycled Paper Department of Toxic Substances Control ;rte : Maziar Movassaghi Linda S. Adam. Acting Director 5796 Corporate Avenue Arnold Governor , Zjer Governor et Searatarj• ror Environniedtai ProleCGan Cypress. California 90ri30 Letter No. 3 1>x c,,,vc0a� > aTM�N� DF.1 P Yt r�NN114C October 14, 2010 W,C,id Ms. Rosalinh Ung City of Newport Beach Planning Department 3300 Newport Boulevard Newport Beach, California 92658 DRAFT MITIGATED NEGATIVE DECLARATION (ND) FOR NEWPORT BEACH COUNTY CLUB (SCH# 2010091052) PPrD_ g— 1'fv Dear Ms. Ung: The Department of Toxic Substances Control (DTSC) has received your submitted document for the above- mentioned project. As stated in your document: "The applicant is proposing the demolition of the existing tennis and golf clubhouses and the construction of a new tennis clubhouse and golf clubhouse and ancillary facilities. The applicant is also proposing to construct 27 short term visitor serving units ( "Bungalows ") and Bungalow spa /fitness area and concierge and guest meeting facilities; and five single family residential dwelling units on the subject property. Project implementation will necessitate the approval or the following discretionary actions; 1. Vesting Tentative Tract Map; 2. Development Agreement: 3. Approval in Concept for a Coastal Development Permit; 4. Transfer of Development Rights; and 5. Planned Community Text adoption". Based on the review of the submitted document DTSC has the following comments: 11) The ND should identify and determine whether current or historic uses at the 1 project area may have resulted in any release of hazardous wastes /substances. 12) The document states that the ND would identify any known or potentially contaminated sites within the proposed project area. For all identified sites; the 2 NO should evaluate whether conditions at the site may pose a threat to human health or the environment. Following are the databases of some of the regulatory agencies: Printed on Recycled Paper VA 10 his OWN Ling Omcbur 14. 201%, "ay"' i nos Us: MPL r POW maintained by the LKHR Staks, �.,:; Pnj�im, Ajow; di S EPA) • EwWwr. wdwAnna P=IiIYUSHO Cy lite Cillifolllia DePillt'lle!" r'.f TW SWRwicos L 1401 a! %Ywov thivircislor disc ca gilt' of RCRA fecilik,-s Hlat is Ini.-dril@ined by U S EPA UI I'A Isiv k- E., j: virL;jj I I till Compensation and i ja IN H k,..' 11-fix'Irrialion. Sys;f'.n; WERCUSY A dalaloasc of CERCLA.siles mi-ii is sclid '.'VaEle Infowill'IT:011 sysiel-n jSVVIS): A database provided by MC.' CaWnlvi lnleg--aied i, %,asjp h fanagemenl Board which consists of both oiler. as ,ei, as W,,d ;Iij injCjve yAd waste disposal Wdlitus and sl.-Mor' CeoTrackor: A LKI lain is nWained by Regional Water Quajity Control Bows {a id GaWn maiaialp hsM bf h2?. douS Sohstanwwi iwwaou;'; sues min Inown.'i stuagc tanks The Unib,rJ1 Stcilt>:i Aliny C;Nps of Engineers, 911 VVilShiI(,I 8OL;leVA.'C1, LoS An-joio$. Cajifc inki, 0011, -,213)452-3908, inainla ns a li st of i Formerly Def*nse! Sires -.'.FUI)S) -1 irIV Thk� ND idC.11tify to iijiliate any fe(j[.Iilt�L estigaiici -wd.'ex renlenialir;n for �jjpy site tliii may he contarninated. and the govt;rnnlellt - is nater ail 0' ,& T,,,d at US, UNC, an aSSj?sSITio;-il SIK'Alld be C!.�J W --! Q:U Ii w OQ R H Gone nas acm mod Ism (trlher studies should Q •yNnec ow to d0nnals Me 0,Nw, an(j axteiq of the contamination, and W Datenlial throat jo ImMlic healui andiortl'.0 environineill ShOkIld btu: -;V2iLJZWX] N I ay be ne-cesoaly to C;C-,lE--;jline if an iOSj)OnS(-` LICIian i$ 16CILIiied W" sluice cAMN9 or poloilial yipals 10 public Inalth or the environment If no jrpmedioN Hwwd wxks.the MIM fenmify AwuW in impfuniented in Ca"PhOwe. ;:djj, Sl2iiU la-..vs. r-.g',U Joris and :)olicI-Z:S Ms. Rosalinh Ung October 14, 2010 Page 3 4) The project construction may require soil excavation and soil filling in certain areas. Appropriate sampling is required prior to disposal of the excavated soil. If the soil is contaminated, properly dispose of it rather than placing it in another 4 location. Land Disposal Restrictions (LDRs) may be applicable to these soils. Also, if the project proposes to import soil to backfill the areas excavated, proper sampling should be conducted to make sure that the imported soil is free of contamination. 0 5) Human health and fhe environment of sensitive receptors should be protected during the construction or demolition activities. A study of the site overseen by the appropriate government agency might have to be conducted to determine if there are, have been, or will be, any releases of hazardous materials that may pose a risk to human health or the environment. 6) If during construction /demolition of the project, soil and /or groundwater contamination is suspected, construction /demolition in the area should cease and appropriate health and safety procedures should be implemented. If it is determined that contaminated soil and /or groundwater exist, the ND should identify how any required investigation and /or remediation will be conducted, and the appropriate government agency to provide regulatory oversight. 17) If weed abatement occurred, onsite soils may contain herbicide residue. If so, 7 proper investigation and remedial actions, if necessary, should be conducted at the site prior to construction of the project. 8) If it is determined that hazardous wastes are, or will be, generated by the proposed operations, the wastes must be managed in accordance with the California Hazardous Waste Control Law (California Health and Safety Code, Division 20, Chapter 6.5) and the Hazardous Waste Control Regulations (California Code of Regulations, Title 22, Division 4.5). If it is determined that hazardous wastes will be generated, the facility should also obtain a United States Environmental Protection Agency Identification Number by contacting (800) 618 -6942. Certain hazardous waste treatment processes or hazardous materials, handling, storage or uses may require authorization from the local Certified Unified Program Agency (CUPA). Information about the requirement for authorization can be obtained by contacting your local CUPA. 19) DTSC can provide guidance for cleanup oversight through an Environmental Oversight Agreement (EOA) for government agencies that are not responsible parties, or a Voluntary Cleanup Agreement (VGA) for private parties. For additional information on the EOA or VCA, please see Ms. Rosalinh Ung October 14, 2010 Page 4 g I www. dtsc. ca.gov /SiteCleanup /Brownfields, or contact Ms. Maryam Tasnif- Abbasi, DTSC's Voluntary Cleanup Coordinator, at (714) 484 -5489. If you have any questions regarding this letter. please contact me at (714) 484 -5472 or 14 at ashami(c)DTSC.ca.ctov Sincerely, 7 AVShami Project Manager Brownfields and Environmental Restoration Program cc: Governor's Office of Planning and Research State Clearinghouse P.O. Box 3044 Sacramento, California 95812 -3044 state clearingh0use (l opr.ca.goy CEQA Tracking Center Department of Toxic Substances Control Office of Environmental Planning and Analysis 1001 1 Street, 22nd Floor, M.S. 22 -2 Sacramento, California 95814 ADelacrl (cDdlsc.ca.clov CEQA # 3009 3. California Department of Toxic Substances Control (October 14,'2010) Response to Comment No. 1 Section Vlll.b of the MND summarizes the historical use of the site and the existence of several features that had existed on the site, including a 550 - gallon underground storage tank (UST), the existence of waste oil drums, ponds and pole- mounted transformers. Although during removal of the UST in 1987 it was determined that it had leaked from a small hole, subsequent sampling and laboratory analysis determined that the levels of constituent materials were 'bon- detect" and regulatory closure was approved by the Orange County Health Authority. None of the other features on the site pose a health hazard, as discussed in throughout Section VIII. Response to Comment No. 2 Table 5 in Section VIIIA of the MND (refer to pages 65 and 66) provides a summary of the findings presented in the Phase I Environmental Site Assessment (ESA) conducted for the subject project. Based on the database search conducted for the subject project and included in the Phase I ESA, neither the subject property nor other properties identified within one mile of the site would expose the site and /or future users to an environmental concern or hazard. Therefore, the MND concluded that no significant impacts are anticipated and no mitigation measures are required. Response to Comment No. 3 Refer to Response to Comment No. 1. Because implementation of the proposed project permitted pursuant to the NBCC Planned Community District would require the demolition of several structures on the site, the MND discusses the potential for asbestos containing material (ACM) and lead based paint (LBP) to pose a potential health risk. However, SC -14 and SC -15 address the requirements prescribed by the regulatory agencies (e.g., SCAQMD) that pertain to ACM and LBP remediation. As indicated in the MND, compliance with these regulatory requirements will ensure that no significant release of either ACM or LBP will occur as a result of project implementation. Response to Comment No. 4 This comment is acknowledged. As indicated in this comment, soil excavation and filling will comply with regulatory requirements. Grading required to implement the proposed project will be balanced onsite. Implementation of the proposed project does not require either importation or exportation /disposal of soils off - site. Response to Comment No. 5 Refer to Response to Comment No.3. As indicated in Section VIII (Hazards and Hazardous Materials), no significant potential hazards to human health, including sensitive receptors exist based on the findings presented in the Phase I and Phase II environmental site assessments of the subject property. Nonetheless, SC' -14 and SC -15, which require that demolition and construction activities comply with applicable State and federal regulations to ensure that potential exposure to hazardous materials does not occur. Response to Comment No. 6 Based on the prior Phase I and Phase II environmental site assessments conducted for the site, no soil or groundwater contamination is suspected (refer to Section Vlll.b of the MND). However, as indicated in this comment, should soil and /or groundwater contamination be suspected during demolition, grading Newport Beach Country Club MND (PA 2005140) Responses to Public Comments March 2011 Page 4 and /or construction, such activities would cease and appropriate health and safety procedures implemented. Response to Comment No. 7 Refer to Section Vlll.b. Of the MND. Landscape maintenance of the project site has been and will continue to be provided to ensure that the golf course, tennis facilities and related project elements, including those proposed are adequately maintained. If determined necessary, appropriate remedial action would be conducted prior to initiation of construction, as requested in this comment. Response to Comment No. 8 This comment is acknowledged. Should any hazardous wastes be generated as a result of project implementation, the waste will be managed in accordance with applicable regulatory requirements as stipulated in the comment. Response to Comment No. 9 This comment is acknowledged. Should guidance for any cleanup oversight be desired, the City and /or project applicant will contact DTSC to determine the need for an Environmental Oversight Agreement (City of Newport Beach) or Voluntary Cleanup Agreement (project applicant). Newport Beach Country Club MND (PA 2005 -140) Responses to Public Comments March 2011 Page 5 1 01 IRVINE COMPANY Letter No. 4 Since 1864 RBGBW,ED BY October 15, 2010 PLANNING: DPPARTMSNT Ms. Rosalinh Ung OCT 1.9 2010 Associate Planner City of Newport Beach T BEACH 3300 Newport Boulevard CITY OF Nl;'wPo Newport Beach, CA 92663 Subject: Newport Beach Country Club (PA 2005 -140) Mitigated Negative Declaration Dear Ms. Ung: Irvine Company appreciates this opportunity to provide comments on the proposed reconstruction of the Tennis Club and Golf Clubhouse and construction of residential and visitor serving accommodations evaluated in the above - referenced document (PA 2005 -140). We note that the project applicant is required by agreement with Irvine Company to allow for our review of both schematic plans and preliminary plans and working drawings and specifications and, therefore, our specific comments on the intensity and compatibility of development proposed is subject to a separate process with the land owner, It is important that we have an opportunity to review these plans so that we understand how this development may affect our adjacent office operations. We have yet to receive said schematic or preliminary plans even though the project is scheduled for review by the Newport Beach Planning Commission on November 18, 2010. Our comments on the Mitigated Negative Declaration (MND) are as follows: Project Phasing The MND contains numerous exhibits depicting the demolition of existing facilities and new construction at both the Tennis Club and Golf Clubhouse, but the exhibits are not clearly described in the phasing narrative. Tables 2 and 3 in the MND .call out demolition as a broad category and the MND fails to provide a description of specifically'what will be demolished during each phase. Because the method used far the presentation of the project phasing is difficult to follow, we request that the City clarify project phasing and specific demolition activities with a written description in the MND. In addition, the MND should clarify whether the tennis club development and the golf clubhouse development wilt run concurrently or as sequential construction phases. Table 2 of the MND on. page 8 identifies an anticipated construction start date of September 2011. The build -out for die project is identified as year 2012 on page 47 of the HIND. If project 2 construction is anticipated to start in September 2011 with a 36 month schedule, how can biiild- out be completed by 20127 With an anticipated start date of September 2011, a 36 month construction project would be completed by September 2014. The air quality analysis should be revised to include the correct build -out year. 550 Newport Center Drive, Newport Beach, California 92660-7011 949.720.2000 RI 5 Ms. Rosalinh Ung October 14, 2010 Page 2 of 2 Project Grading The MND does not quantify impacts from site preparation in terms of grading. In order to accurately assess the impacts from project grading, grading quantities must be disclosed in the MND. The MND concludes that the short -term construction impacts in the area of Air Quality will be less than significant but does not provide the data that is the basis for this conclusion. Table 1 on page 46 provides emissions estimates and concludes that air quality thresholds evaluated in the URBEMIS model are not exceeded. We request that the City specify the grading quantities in the MND and describe the way in which grading quantities are used in the air quality model to reach the conclusion that the project will not have a significant impact in the area of air quality. Parking The project description inaccurately references 554 parking spaces as being available to the Golf Clubhouse through an offsito Parking Agreement. Throughout the document, inaccurate statements are made that 554 parking spaces are available under an easement at the adjacent Corporate Plaza West professional office development. We wish to clarify that the Parking and Access Easement Agreement provides for "a non - exclusive parking easement ... on Saturdays, Sundays and holidays." The agreement does not specify the number of parking spaces available to the golf clubhouse. The NM should be corrected to accurately describe the parking available under the agreement. It is unclear how the parking demand was calculated. Parking demand should be based on the uses contained within each component of the project. However, the project description is incomplete; uses in the clubhouse are not described in adequate detail to allow for an appropriate parking analysis. We request that the City prepare a project description that discloses all uses proposed by the project. Specifically the golf clubhouse must be more clearly defined and the analysis must be revised to determine whether the proposed project provides sufficient parking for weekday use without the reliance on the Corporate Plaza West parking lot. We request that the MND be revised to include the clarification requested above. Sincerely, `.v Dan Miller, Senior Vice President, Entitlement and Public Affairs 4. The Irvine Company (October 15, 2010) Response to Comment No. 1 Tables 2 and 3 and Exhibits 5 through 18 in the MND clearly depict the phasing for the NBCC PCD. For example, in Table 2 (Page 8 of MND), "Phase 1 Demolition" is shown in Exhibit 5 "Phase 1 — Demolition." To provide further clarification, Tables 2 and 3 have been revised as shown below to incorporate the Exhibits that should be referenced for each line item. The tennis club development and the golf club development will run in independent construction phases. Revised Table 2 (refer to Page 8 of MND) Tennis Club Development Phasing Revised Table 3 (refer to Page 16 of MIND) Golf Clubhouse Development Phasing Duration MND Exhibit Phase Description Months Reference Construct Temporary Modular Clubhouse 1 4 1 Demolition of Tennis Club building, 6 tennis courts, portion of 1 Tennis Club parking lot (29 parking spaces), landscaping and 1 5 existing site wall 1 13 2 Construct The Villas (3); Private Street, New Tennis Clubhouse 14 6 and Parkin Lots refer to Exhibit 6 2 15 2 Demolition of 1 tennis court, remaining portion of previous Tennis 1 7 Club parking lot tand Temporary modular Tennis Clubhouse Construct Center Court and Bungalow Pool 3 8 3 Demolition of 3 tennis courts 1 9 4 Construct Golf and Tennis Bungalows and Remaining 2 Villas 15 10 Total Schedule 36 Anticipated Start date is September 2011. SOURCE: The Templeton Planning Group Jul 2010 Revised Table 3 (refer to Page 16 of MIND) Golf Clubhouse Development Phasing Newport Beach Country Club MND (PA 2005140) Responses to Public Comments March 2011 Page 6 Duration MND Exhibit Phase_ Description Month_ s Reference Demolition of East Side Golf Clubhouse Parking Lot and 1 11 1 PCH Entry' Construct East Side Parking Lot and PCH EntrVz 4 12 Demolition of West Side Golf Clubhouse Parkin Lot 1 13 2 Construct West Side Parking Lot and Temporary Golf Club 6 14 Demolition of Golf Clubhouse 2 15 3 Construct New Golf Clubhouse 14 1 16 Demolition of portion of Greenskeeper Area, Temporary modular Golf Clubhouse and northern portion of Golf 2 17 4 Clubhouse Parking Lot Construct Greenskeeper Area and Golf Porte Cache and 4 18 Parkin Total Schedule 34 Start date to be determined. 2Includes car wash. SOURCE: The Templeton Planning Group Jul 2010 Newport Beach Country Club MND (PA 2005140) Responses to Public Comments March 2011 Page 6 Response to Comment No. 2 The commentor correctly notes that a start date of September 2011 followed by a 36 -month construction schedule would result in a completion date of approximately September 2014. This correction does not, however, alter the conclusions of the air quality analysis because that analysis has examined the "worst case" scenario for long -term emissions. As noted on Page 48 of the MND, the proposed project will generate fewer trips than existing uses. Therefore, whether using a 2012 or a 2014 buildout date, long- term operational emissions will be less than significant. Response to Comment No. 3 The grading plan for the NBCC PCD balances on site and will not require the import or export of material. Grading quantities are set forth in Table RTC -1 below. The projected types and numbers of equipment and machinery to be used for grading are identified in Table RTC -2 below. The information contained in these tables was used in the calculation of air quality emissions in Table 1 on Page 46 of the MND, resulting in the MND's conclusion that construction emissions associated with project implementation will not exceed the SCAQMD significance thresholds. Newport Beach Country Club MND (PA 2005140) Responses to Public Comments March 2011 Page 7 Table RTC -1 NBCC PCD Grading Quantities (in cubic yards) Newport Beach Country Club MND (PA 2005140) Responses to Public Comments March 2011 Page 8 Demo I RG -1 Demo II RG -2 Demo III RG -3 Descri tion CY CY CY (CY) (CY) CY Tennis Club lBun alows and SFR Parking Lot Removal Quantity 1,835 De th 12 "± CY Tennis Courts Removal Quantity 3,480 597 [Depth 8 "± CY *1,0161,571 Proposed Grading Cut CY 2,389 42 Proposed Grading Fill CY - 10,288 -2,042 Subtotal - CY Values: Cut/Export 5,315 -7,899 597 -2,000 Pos & Fill/Import Ne Running Total - CY Values : 5,315 -2,584 -1,568 3 600 -11400 Cut/Ex ort Pos & Fill /Im ort Ne Estimated Spoils, Footings, 1,400 Landscape, Utility Import/Export - Tennis Club 0 Parking Lot Clubhouse Demo RG Demo RG Description Golf Course Parkin Lot and Clubhouse Parking Lot Removal Quantity 6,520 1,740 be th 12 "± CY Proposed Grading Cut CY 230 5,880 Proposed Grading Fill CY -6,760 -8,660 Subtotal - CY Values: Cut/Export 6,520 -6,530 1,740 -2,780 Pos & Fill/import Ne Running Total - CY Values : 6,520 -10 1,730 -1,050 Cut/Export Pos & Fill/Import Ne Estimated Spoils, Footings, 1,050 Landscape, Utility Import/Export - Golf Clubhouse 0 Demo - Demolition RG - Regrading 'Earthwork Quantity Estimates per Rough Grading Phase SOURCE: Adams- Streeter Civil Engineers (February 2011 Newport Beach Country Club MND (PA 2005140) Responses to Public Comments March 2011 Page 8 Table RTC -2 Demolition Equipment Phase Equipment Demolition of Existing Tennis Club 2 Excavators 2 Dozers 1 Water Truck Asphalt, Demolition and Asphalt Crushing 1 Concrete Saw 1 n E ut ment 1 Generator Set Gener 1 Grader 1 Scraper Mass Grading 1 Skid Steer Loader 1 Grader 1 Dozer 2 Tractor /Loader /Backhoe 2 Scrapers 1 Compactor Fine Grading 1 Water Truck 2 Tractor /Loader /Backhoes 1 Paving Equipment 1 Compactor 1 Dozer Paving 1 Water Truck 4 Cement Mixers 1 Paver Construction 1 Roller 1 Tractor /Loader /Backhoe 1 Crane 2 Excavators 4 Forklifts 1 Cement Pump 2 Loaders 2 Tractor /Loader /Backhoe 4 Zoom Booms Response to Comment No. 4 The comment correctly states that the recorded perpetual Parking and Access Easement Agreement provides for "a non- exclusive parking easement... on Saturdays, Sundays and holidays." This Agreement benefits the owner and, upon the owner's election, the owner's tenants and licensees and their respective members, guests, and customers and pertains to all parking within Corporate Plaza West. Currently there are 554 parking spaces within Corporate Plaza West; therefore, 554 additional and excess parking spaces are presently available on a non - exclusive basis to the proposed NBCC PCD on weekends and holidays. It must be noted that these parking spaces are not required to meet either the parking demand determined by the parking studies referenced in Response to Comment No. 5 below or the stricter requirements of the proposed NBCC PCD regulations. Newport Beach Country Club MND (PA 2005 -140) Responses to Public Comments March 2011 Page 9 Response to Comment No. 5 Under Section 20.35.040 of the City's Municipal Code, parking (and other) regulations for a planned community district may be established as part of the planned community development regulations. If approved, the property owner's proposed NBCC PCD development regulations would establish the parking regulations for the proposed NBCC PCD. Therefore, pursuant to Section 20.35.040 and contrary to this comment, parking requirements for the NBCC PCD will be governed by the proposed NBCC PCD regulations and not on the City's general property development regulations. The proposed parking regulations were based on demand evaluated by two parking studies, including "Newport Beach Country Club Parking Supply Analysis" dated August 20, 2008 prepared by LSA and "Traffic and Parking Evaluation" dated August 2009 prepared by Kimley -Horn and Associates, which determined the parking requirement within NBCC PCD. Table A of LSA's "Newport Beach Country Club Parking Supply Analysis" notes the factors which were used to determine parking demand as indicated in Table RTC -3: Table RTC -3 Parking Demand Factors Land Use Parking Requirement Source City of Newport Beach Zoning Code, Chapter 20.66 Off - Street Parking Bungalows and Loading Regulations, Bed and Breakfast Inns. City of Newport Beach Zoning Code, Chapter 20.66 Off- Street Parking Villas and Loading Regulations, Single-Family Residential. City of Newport Beach Zoning Code, Chapter 20.66 Off - Street Parking Tennis Club and Loading Regulations, Tennis Club. City of Newport Beach Zoning Code does not contain parking rates for golf courses. Therefore, the parking rate was referenced from the Golf Course and Clubhouse Institute of Transportation Engineers Parking Generation, 3rd Edition 2003. Land Uses 430 — Golf Course. SOURCE: Newport Beach Country Club Parking Supply Analysis; LSA. Table 3, entitled "Overall Parking," on Page 12 of the NBCC PCD text states that the proposed Golf Club parking accommodates 300 parking spaces, which is 30 spaces more than the total demand of 270 determined by LSA's NBCC Parking Supply Analysis. The Tennis Club has 38 parking spaces, which is 10 spaces more than the total demand of 28 determined by LSA in the NBCC Parking Supply Analysis. The area designated for the Bungalows has 50 parking spaces, which is 16 spaces more than the total demand of 34 determined by the Parking Supply Analysis prepared by LSA. Overall, the proposed NBCC PCD regulations provide an excess of 58 parking spaces than parking determined necessary by the LSA parking study. This figure does not reflect the additional parking that would also be available based on the perpetual non- exclusive parking agreement for Corporate Plaza West (refer to Response to Comment No. 4 above). Newport Beach Country Club MND (PA 2005140) Responses to Public Comments March 2011 Page 10 2 I CAA PLANNING Letter No. 5 October 18, 2010 City of Newport Beach Attn: Rosalinh Ung, Associate Planner Planning Department 3300 Newport Boulevard Newport Beach, CA 92658 Subject: Newport Beach Country Club (PA 2005 -140) Golf Reality Fund Mitigated Negative Declaration Dear Ms. Ung: On behalf of International Bay Clubs, Inc. (IBC) and the Newport Beach Country Club, Inc. (NBCC), CAA Planning, Inc. (CAA) submits the following comments related to the proposed Golf Reality Fund (GRF) Mitigated Negative Declaration (MND) PA 2005 -140 released for public review on September 16, 2010. The NBCC is a wholly owned subsidiary of IBC, which has operated the golf course and related facilities for 25 years. Existing Setting The NBCC property is under a long -term lease which does not expire until December 31, 2067. The MND fails to disclose this important detail. In 2008 NBCC submitted an application to the City of Newport Beach for the reconstruction of the golf clubhouse and ancillary structures as allowed under the lease. There is no mention of the NBCC proposal in the GRF MND, nor is there any discussion of how the landowner can implement the golf clubhouse component of the GRF project when the lease for the property extends for more than 56 years. This is a significant constraint and the MND should be revised to reflect this existing setting. Project Description Under the heading "Golf Club Parking Lot and Private Car Wash" on page 5 of the MND, a statement is made relative to an existing access easement along Coast Highway that will be removed. This access easement is intended to provide access from the intersection of East Coast Highway /Irvine Terrace across the site, to the Armstrong Nursery. The project applicant is not a party to the easement, and no statement is made as to how the easement will be eliminated, or what will happen if the applicant is unable to eliminate the easement. While we would be pleased if the easement were in fact terminated, IBC has previously presented documentation to the City which demonstrates the existence of the easement. A mitigation measure should be added to the MND to require the elimination of the access 95 Argonaut, Suite 220 • Aliso Viejo, California 92656 -4105 s (949) 581 -2888 • Fax (949) 581 -3599 rl�\- Ms. Rosalinh Ling October 18, 2010 Page 2 2 I easement before building permits can be issued. If a mitigation measure is not added to the MND, the project will result in a significant impact. L'7 5 The project description and the description of each component found on page 5 of the MND lacks sufficient detail and should be revised to state the whole of the action contemplated by the applicant. For example, a reference to a swimming pool is found on page 41 of the MND. The MND specifically states, "a swimming pool is proposed between the tennis court and the residence..." CEC1A requires that a project description be accurate and finite. Without disclosing the entirety of the action the reader is unable to determine whether the assessment of project impacts on the environment is adequate. The MND should be revised to include a thorough and detailed description of each project component. While the project description identifies five distinct components including the Tennis Clubhouse and Center Court; the Bungalows, the Villas, Golf Club Parking Lot and Private Car Wash, and Golf Clubhouse, the project description lacks detail. It is unclear how the golf clubhouse square footage will be allocated to specific uses. The size of the banquet /event facilities should be detailed. What other uses will be included within the clubhouse other than locker rooms? The project description should be revised to include an accurate and finite project description. Aesthetics The Aesthetics analysis on page 39 of the MND concludes that the project will have a less than significant impact on views from the Public View Point in Irvine Terrace Park and along Newport Center Drive (designated as a Coastal View Road). Without a view simulation or elevations, it is difficult to concur with the conclusion that the Villas and Bungalows component of the project would not have significant view impacts. In addition, the proposed project promotes extensive landscaping material in the golf course parking lot, further impacting the existing views. We strongly encourage the preparation of a view simulation in order to fully assess the impacts of the proposed project. I Table 1 on page 4 of the MND lists building height for the golf clubhouse as 50 feet. On page s 41, the maximum building height is listed as 53.5 feet. Please clarify the building height limit for the golf clubhouse. Exhibit 19, Preliminary Landscape Plan identifies the California Pepper tree on the plant palette. The California Pepper tree is a known invasive plan species. Use of known invasive 7 plants will create an adverse impact in the area of Biological Resources, which is not specified in the MND. The Biological Resources section of the MND should be revised to analyze this impact, or the landscape plan should be revised to remove invasive species. F111- Ms. Rosalinh Ung October 18, 2010 Page 3 Hazards and Hazardous Materials The Villas and Bungalows have been sited immediately adjacent to the existing NBCC golf course. The siting of residential /overnight accommodations so near to the course may 8 present a potential hazardous condition. The potential occurrence of accidental golf ball strikes should be analyzed in the MND. Mitigation Measures should be added to the MND if necessary in order to reduce the hazard from golf balls on the residences /accommodations. w Land Use and Planning Table 10 on page 79 provides a statement that required on -site parking is 398 spaces, with 244 spaces required for the golf clubhouse. The MND does not provide any description of how that parking requirement was determined. Since the project description does not identify uses within the golf clubhouse beyond banquet /event facilities and locker rooms, how was the required parking calculated? The MND should be revised to include a description of the golf clubhouse, and demonstrate whether sufficient parking will be provided. Transportation/Traffic The GRF project proposes to realign Irvine Terrace /Clubhouse Drive at the NBCC entry. We do not agree with this realignment and the MND fails to disclose the conflict between the 10 GRF plan and the NBCC plan. The MND should be revised to include an analysis of the current street alignment and a justification for the realignment. A mitigation measure should be added to the MND to address the impact caused by the inconsistency proposed in the GRF design. 11 Additional Comments The GRF golf clubhouse is proposed at 35,000 sq. ft. as contrasted to the NBCC proposal of 56,000 sq. ft. It should be noted that several local private golf clubhouses are significantly larger than the Golf Realty Fund proposal including, Big Canyon Country Club (60,000 sq. ft.) and Shady Canyon Country Club (54,000 sq. ft.). The golf clubhouse plan submitted by GRF is for a significantly smaller golf clubhouse than the golf clubhouse application submitted by IBC. The GRF proposal does not attempt to meet the market demand for a private golf course nor the charitable and professional golf championship events that the NBCC has become famous for, including the Toshiba Classic, a PGA Champions Tour Tournament. 12 IThe accommodations proposed in the GRF proposal do not reflect the programmatic demands of a world -class destination venue. These comments are based on a review of project plans which we requested of the applicant. This level of detail was not included in the 12 Ms. Rosalinh Ung October 18, 2010 Page 4 MND; the MND should be revised to include a description of the features of each project component. Specifically, the GRF proposal underestimates the need and, therefore, the appropriate size and /or number of the following: • Banquet facility • Main kitchen • Golf pro shop • Ladies and Men's locker rooms • Fitness Center • Administrative offices • Employee services • Golf carts In addition, the GRF proposal does not include perimeter fencing, does not include a guard house at the clubhouse entry and eliminates the existing access frontage road that provides 13 access to the Armstrong nursery. The GRF proposal does not include sufficient maintenance area, cart storage or an area for cart washing; there is insufficient area for golf cart staging for major golf tournaments. Therefore, the GRF MND underestimates the potential impacts due to the artificial constraints of the golf clubhouse analyzed. We appreciate the opportunity to comment on the GRF MND. The MND must be revised to accurately describe the project and to provide a more thorough analysis of the project's impacts on the environment. We look forward to reviewing the City's revised document. Sincerely, CAA PLANNING, INC. .X��- ,�"`r"""`-- O�' J•"G� /yam Shawna L. Schaffner Chief Executive Officer cc: David C. Wooten, International Bay Clubs, Inc. Perry Dickey, Newport Beach Country Club, Inc. 5. CAA Planning (October 18, 2010) Response to Comment No. 1 The property owner /applicant has indicated that only the golf club portion of the proposed NBCC PCD is currently under a long -term lease. The proposed NBCC PCD development regulations are intended to apply to the subject property irrespective of issues of tenancy, lease terms, rights of 1st refusal to acquire leasehold, and property ownership. The lease does not pose a "significant constraint' on planning and has no known environmental significance. Response to Comment No. 2 Armstrong Nursery has two access points directly off Pacific Coast Highway. The City Traffic Engineer has indicated that the existing frontage road creates a hazardous condition at its intersection with the entry and exit to the proposed NBCC PCD. According to the property owner /applicant, the frontage road easement was terminated by Termination of Access Easement executed by the fee owners of the benefited "nursery property" and dated November 30, 1996, recorded December 8, 1997, and assigned Instrument No. 19970630399. The Title Report submitted to the City for the proposed NBCC PCD and dated June 1, 2010 shows no frontage road easement. Response to Comment No. 3 The project description presented on Pages 1 through 24 of the MND provides both graphic and narrative descriptions of each of the project components proposed by the applicant. Specifically, Table 1 provides a summary of the proposed uses. Additional detail for each of the proposed components is provided in the NBCC PCD Regulation and below. The project site encompasses approximately 142 acres, which are divided into four sub -areas identified in Table RTC -5 below. Each sub -area as well as the hand car wash is described following Table RTC-4. Table RTC-4 Land Use Allocations Newport Beach Country Club Planned Community District Plan Sub Area Approximate Area Acres The Tennis Club Sub -Area 4,62 The Villas Sub -Area 1.25 The Bungalows Sub -Area 3.44 The Golf Club Sub -Area 133.01 Total 142.32 'Includes Golf Clubhouse, Golf Parking Lot and Hand Car Wash SOURCE: Newport Beach Country Club Planned Community District Plan (July 12, 2010 Newport Beach Country Club MND (PA 2005140) Responses to Public Comments Match 2011 Page 11 Golf Clubhouse The golf clubhouse floor plan has a maximum of 35,000 gross square feet, exclusive of below grade cart storage, in two stories, including approximately 18,100 square feet on the first floor and approximately 16;900 square feet on the second floor. The lower floor will accommodate the following features: Grill, women's lounge and locker room, men's locker room, and pro shop. Other features included on the first floor include a cart barn and club storage. The second floor will accommodate a banquet room and kitchen, dining room, lounge, foyer, offices, private meeting and dining rooms, and a ,19`" hole." Other features which currently exist and will continue to be part of the clubhouse facilities include a snack stand (180 square feet), existing golf course restroom facilities, and existing greens keeper buildings and area. The maximum height of the proposed golf clubhouse is 53 feet 6 inches, measured from the existing grade to the mid -point of the sloped roof. Tennis Clubhouse and Courts The maximum floor area of the tennis clubhouse is 3,725 gross square feet and will have a maximum building height of 30 feet (measured from the existing grade to the peak of the roof). The tennis clubhouse includes a lobby, pro shop, office and locker rooms. A total of seven tennis courts, including one stadium court will replace the 24 tennis courts that currently exist on the subject property. Screening for the tennis courts from The Villas E will also be provided in the form of a five -foot block wall that would be designed to be compatible with the proposed Villa E, adjacent to the tennis courts. In addition, the exterior perimeter of the tennis courts facing the Granville Condominiums, Granville Drive, and the Tennis Club parking lot will also be screened, utilizing the existing 10 -foot high chain link fence covered by a wind screen. Bungalows The Bungalows proposed by the applicant will consist of 27 "hotel" units that encompass approximately 29,044 square feet of floor area. A 2,170 square foot Concierge and Guest Center is also included in this development component. In addition, the Bungalow Spa, which is an auxiliary use for and part of the Bungalows, encompasses 7,490 square feet. This facility will include a fitness center, spa, spa bar and lounge. Other features include a Zen Garden, Jacuzzi and swimming pool. The pool and/or spa equipment will be enclosed by five -foot block wall. The maximum building height of the Bungalows is 31 feet, measured from the existing grade to the peak of the roof. Villas The five Villas are proposed within a 1.25 -acre sub -area. Lot sizes of the single - family detached residential dwelling lots will vary from 5,295 square feet (Villa A) to 17,151 (Villa D) square feet. Homes will range in size from 2,201 square feet (Plan A) to 6,384 square feet (Plan D). The maximum building heights (measured from existing grade) permitted for the Villas ranges from 23 feet (Villa A) to 39 feet (Villa D). Swimming pools are also permitted for each of the five Villas. Golf Club Parking Lot and Private Hand Car Wash The proposed Golf Club Parking Lot has 300 on -site parking spaces. In addition, as described in Response to Comment No. 4 of The Irvine Company, above, an existing perpetual offsite Parking Agreement will continue to provide as many as 554 non- exclusive parking spaces on weekends and holidays to supplement the onsite Golf Club parking. The frontage road that exists adjacent to East Coast Highway will be eliminated and replaced with landscaping. In addition, a private hand car wash area is proposed within the parking lot in the vicinity of Country Club Drive. The Newport Beach Country Club. MND (PA 2005140) Responses to Public Comments March 2011 Page 12 area identified to accommodate this project feature encompasses approximately 240 square feet (i.e., 12 feet wide and 20 feet long). Use of the private hand car wash is limited to golf and possibly tennis club members only. Response to Comment No. 4 Refer to Response to Comment No. 3. Response to Comment No. 5 The panoramic view of the ocean is available from the top of Newport Center Drive circle straight ahead down Newport Center Drive towards Pacific Coast Highway. Only "peek -a -boo' ocean view over proposed NBCC PCD occurs between the last Granville Condominium Unit and the McMonigle Group office building and after the McMonigle Group office building located at the intersection of Newport Center Drive and the private Granville Road (refer to the attached visual simulations from View Points 1, 2 and 3). The improvements proposed by the NBCC PCD would not result in any significant visual impact on the view at the "peek -a -boo' ocean view between the last Granville Condominium and the McMonigle Group office building (refer to the attached "View from Point 1 "). Only an insignificant impact on the "peek -a -boo" view of the ocean from the sidewalk at the intersection of Newport Center Drive and Granville (refer to the attached "View from Point 3 ") The proposed NBCC PCD would also result in less than significant impacts on the Public View Point in Irvine Terrace Park because the significant public view from Irvine Terrace is oriented toward Newport Bay and the Pacific Ocean; and the NBCC PCD is located on the inland side of Pacific Coast Highway from Irvine Terrace Park. Furthermore, the wall buffering Irvine Terrace Park from Pacific Coast Highway, together with the building in Corporate Plaza West and the existing landscaping, makes the Golf Club Parking Lot the only area within NBCC PCD visible from Irvine Terrace Park (refer to the attached View from Point 4) and the view of the Golf Club Parking Lot would be improved aesthetically as a result of a large landscaped berm along Pacific Coast Highway and four rows of perpendicular in the Golf Club Parking Lot. Response to Comment No. 6 As indicated on Page 41 of the MND, the maximum building height of the golf clubhouse is 53 feet, 6 inches, measured from the existing grade to the mid -point of the sloped roof. Table 1 of the MND has been revised to reflect the correct building height. Response to Comment No. 7 The NBCC PCD is located in an urban area and does not encompass any natural habitat, including environmentally sensitive habitat areas (ESHAs). Although the subject property is located within the coastal zone, neither the City's General Plan (Natural Resources Element) nor the Coastal Land Use Plan (CLUP) includes policies that prohibit the use of non - native species in urbanized areas. Rather policies relevant to this comment are directed at preserving the integrity of natural areas and ESHAs. For example, Policy No. NR 10.4 requires that new development, including landscaping, shall be designed to protect sensitive or rare resources against any significant disruption of habit values. CLUP Policy No. 4.1.1 -12 prohibits the use of invasive plant species within ESHAs and ESHA buffer areas. As noted above, however, neither ESHAs nor ESHA buffer areas exist on or in proximity to the subject property. Nonetheless, to avoid any potential impacts which arguably could be associated with the California pepper trees identified as one of the alternatives in the Preliminary Landscape Plan for NBCC PCD, this species has been removed by applicant's landscape architect from the Preliminary Landscape Plan legend and these trees will not be used on the subject property. Newport Beach Country Club MND (PA 2005140) Responses to Public Comments March 2011 Page 13 Response to Comment No. 8 The site plan within the proposed NBCC PCD application demonstrates that proposed structures will be no nearer to the golf course than existing structures and the existing tennis courts. The landowner indicates that over the course of several decades, there have been no reported incidents of golf balls hitting the existing structures or landing on the tennis courts. The lack of historic incidents likely is the result of mature trees lining the left side of the 9th fairway and acting as a physical barrier to errant golf balls, as well as the distance between the ninth green and the property proposed for the Villas and Bungalows. The nearest Villa will be located approximately 90 to 120 feet (30 to 40 yards) from the g'h green, with other Villas located from 120 to 240 feet (40 to 80 yards from the 9 t fairway. The nearest Bungalow is located at least 70 to 120 feet (23 to 40 yards) from the 9 h green. None of the bungalows are located along the fairway and all are beyond the limits of errant approach shots to the grh green. Because of the historic absence of errant golf balls entering the subject property, the presence of the mature trees along the grh fairway which impede errant golf balls, and the considerable distance between the 9'h fairway and green and the proposed Villas and Bungalows, there is no potential significant impact which will result from errant golf ball strikes. Nonetheless, for policy reasons, the City will require that the nearby golf activity will be disclosed in the Department of Real Estate disclosures issued for the sale of each of the Villas. Future owners will be required to acknowledge that the Newport Beach Country Club would not be liable for damage that may occur as a result of arrant golf shots. Response to Comment No. 9 Please refer to the earlier Response to Comment No. 5 of The Irvine Company. Response to Comment No. 10 This comment appears to confuse the property owner /applicant's proposed NBCC PCD regulations with the commentor's development proposal for only a portion of the NBCC PCD. The proposed NBCC PCD regulations are not intended to provide consistency with the commentor's proposal, but rather to provide a comprehensive set of PCD regulations for the development of the entire NBCC PCD. The proposed realignment at Irvine Terrace /Clubhouse Drive at the NBCC entry will eliminate an existing hazardous condition caused by the intersection of the current frontage road at the exit/entry intersection. The design also proposes other minor improvements requested by the City, including a change to the entry curb radius. These design proposals are internally consistent with the design for the entire proposed NBCC PCD regulations. As a result, there is no inconsistency in the proposed NBCC PCD regulations with respect to the realignment, which is the subject of this comment. Response to Comment No. 11 This comment suggests that the MND should evaluate market demands. Such an evaluation would be beyond the scope of the MND as it would constitute an evaluation of a strictly economic factor. As required by the State CEQA Guidelines, the IS /MND evaluates the potential environmental impacts anticipated to result from the implementation of the proposed NBCC PCD regulations. In this case, the applicant is proposing a 35,000 square foot golf clubhouse as part of the NBCC PCD. The commentor suggests that the proposed NBCC PCD regulations do "not meet the market demand for a private golf course nor the charitable and professional golf championship events ...." Market demands, however, are not relevant to the evaluation of the potential environmental impacts of the proposed NBCC PCD regulations. As indicated in the MND, the proposed NBCC PCD regulations are consistent with the intensity of development and the land use designation adopted for the property and reflected in the City's General Plan. Newport Beach Country Club MND (PA 2005 -140) Responses to Public Comments March 2011 Page 14 Response to Comment No. 12 The analysis presented in the initial study evaluates the potential environmental effects of the project as proposed by the project applicant and does not involve a determination of whether the project proposal is or is not a "world class destination venue." Nor, as noted in Response to Comment No. 11 above, is it the role of the MND to determine market demands for each of the project components listed in this comment. The facilities as proposed will determine the intensity of use. It is not the role of the MND to determine if there is a commercial justification for a different, more intense proposal for the property. Newport Beach Country Club MND (PA 2005 -140) Responses to Public Comments March 2014 Page 15 Response to Comment No. 13 The Greenskeeper area (Maintenance area) encompasses approximately 30,000 square feet, which is the same as the existing Greenskeeper area. The NBCC PCD cart storage area includes 5,834 square feet, which accommodates more than 76 golf carts, including sufficient area for golf cart washing and maintenance. The Tournament Cart Staging Plan illustrated below shows staging for 72 golf carts to accommodate a "shot gun start" with two foursomes in four golf carts on each hole, which is adequate and typical. IUUI ? o ,. rtq.>> I'Nv Q GOLF CLUBHOUSE Tournament Cart Staging Plan Newport Beach Country Club MAID (PA 2005 140) Responses to Public Comments March 2011 Page 16 View Key Map and View Point Photographs Newport Beach Country Club MND (PA 2005140) Responses to Public Comments March 2011 Page 17 O N LL Z Z W 2d • <� z CD a 0 LL- w WO N z 0 Cl- 0 w ( ( 1 l 1 1 C 1 ( F i i F ( i i ( M z 0 CL 2 0 w F- z 0 0 cz LL w WIN Oct -18 -10 04:14pm From- Callfornla Coastal 45826805084 T -183 P.002 /004 F -553 STATO OFC69E -08NIA NATURAL it OUR GE ARNOLO SCHt ^IARZENEGOQR Governor CALIFORNIA COASTAL COMMISSION South Coast Area Office 200 NagnoRtO, SOlte 1000 Long Beach, CA 00802.9302 (562) 590.5071 October 19, 2010 Letter No. 6 City of Newport Beach, Planning Department Attn: Rosalinh M. Ung, Associate Planner 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92663 Re: Newport Beach Country Club & The Tennis Club Project Mitigated Negative Declaration (SCH# 2010091052) Dear Ms. Ung, Thank you for the opportunity to review the Mitigated Negative Declaration (MND) for the Newport Beach Country Club and The Tennis Club Project. According to the Mitigated Negative Declaration, the proposed project is the demolition of the existing tennis and golf clubhouses and the construction of a new tennis clubhouse (3,735 square feet) golf clubhouse (35,000 square feet) and ancillary facilities (i.e., cart barn). The applicant Is also proposing to construct twenty -seven (27) short-term visitor - serving units ( "Bungalows ") and Bugalows spa /fitness area and concierge and guest meeting facilities: and five (5) single- family residential dwelling units ( "Villas ") on the subject property. The proposed o proposed project Ime development will require a Coastal Development Permits Newport the each. California Coastal Commission. q The following comments address the issue of the proposed project's consistency with the Chapter 3 policies of the California Coastal Act of 1976. The comments contained herein are preliminary and those of Coastal Commission staff only and should not be below, construed he proposed project h aisels Issues related to II land use and water qualiyscribed Below are the comments by Commission staff on the Mitigated Negative Declaration, 1. Land Use I The Mitigated Negative Declaration should include a graphic that shows the 1 relevant portion of the Coastal Land Use Plan Map identifying the project site and the allowed land use categories. 2 I The Mitigated Negative Declaration states that the Golf Course Is designated 05 (Open Space) on the Coastal Land Use Plan Map. However, our copy of the Oct -18 -10 04:14pa from -Cal IWilla Coastal 46826806084 T -183 P.003/004 r -663 Mitigated Negative oeclarallonfor the Nexvparl Beach country Club a The Tennts Club Project Page 2 of 3 2 ( Coastal Land Use Plan Map identifies the Golf Course as PR (Parks and Recreation). Please clarify this discrepancy. The proposed project will Include a small boutique hotel comprised of twenty - seven (27) short term visitor- serving units ("Bungalows"). The rates for these new visitor- serving units should be Identified. The rates will indicate if the new units will be considered "higher cost" or lower cost" accommodations. Lower cost accommodation would be more affordable to a larger segment of the general 3 population. if it is determined that the accommodations are "higher cost", an In- lieu fee might be required. To promote and encourage provision of lower cost visitor overnight accommodations in the coastal zone, in association with new development of high -end facilities, the Commission has required payment of a fee to be used for lower cost visitor accommodations, such as hostels, cabins and campgrounds, in lieu of actual provision of lower cost units. Five (5) single- family residential dwelling units ( "The Villas ") are proposed to be constructed adjacent to The Tennis Club. "The Villas" appear to be located within the MU -H (Mixed Use Horizontal) /PR (Parks and Recreation) land use 4 designated area of the Coastal Land Use Plan. MU -H does allow multi - family residential. However, the proposed units will be five (5) single- family residences. How is this proposal consistent with the Coastal Land Use Plan designation? 2. Water Quallty The Mitigated Negative Declaration (MND) discusses water quality in terms of California Environmental Quality Act (CEQA) requirements and Regional Board requirements. In addition to CEQA, Regional Board and other regulatory 5 requirements, the proposed project will undergo review based upon water quality provisions in the Coastal Act. Sections 30230 and 30231 of the California Coastal Act provide the broad basis for protecting coastal waters, habitats, and biodiversity from degradation of water quality associated with new development and redevelopment. Sound water quality management utilizes a three- pronged approach: site design, source control, and treatment control Best Management Practices. A successful program would first incorporate site design measures to minimize impact to the hydrologic landscape and source control Best Management Practices (BMPs) to reduce dry weather flows and the generation and introduction of pollutants Into runoff. A few examples of site design practices Include minimizing impervious 6 surfaces, using porous pavements or alternative pavers in parking areas, preserving native vegetation and root systems, minimizing erosion and sedimentation, and reducing roadway or parking lot length. Some examples of source control BMPs include planting native, drought tolerant, non - invasive vegetation; minimizing pesticide and fertilizer use; using efficient irrigation systems; and implementing pariting lot and street sweeping programs, among other measures. Oct -19 -10 04:14pm from - California Coastal 48826905084 T -193 P.004/004 F -553 I Mitigated Negative Declaration for the Newport Beach Country Club & The Tennis Club Project Page 3 of 3 After site design and source control BMPs have been designed, treatment control BMPs (typically In a treatment train approach for an extensive development like the one proposed) should be designed for the development. Treatment control BMPs should be designed to treat the specific pollutants generated on each portion of the site. In addition, the proposed measures must be sized and designed to mitigate water quality impacts generated by the development. As a goal, the Commission has required post- construction structural BMPs (or suites of BMPs) should be designed to treat, infiltrate or filter the amount of stormwater runoff produced by all storms up to and including the 85th percentile, 24 -hour storm event for volume -based BMPs, and /or the 85th percentile, 1 -hour storm event, with an appropriate safety factor (i.e., 2 or greater), for flow -based BMPs. Based on Section 30230 and 30231 of the Coastal Act, the Coastal Commission must ensure that a development minimizes to the maximum extent feasible polluted runoff and its impact to coastal waters. Even where there is existing development on a site, a redevelopment project needs to demonstrate that it is minimizing to the maximum extent feasible the impact to coastal water quality. Therefore, the development should incorporate, and the Mitigated Negative Declaration should discuss, the site design, source control, and treatment control Best Management Practices (BMPs) that will be used in association with the entire site. Parking lots, landscaped areas, loading and unloading docks, dry weather flows, and trash and debris are common constituents in commercial and residential areas, and BMPs should be designed to address these constituents. Finally, Commission staff suggest use of catch basin Inserts throughout the 9 ( development, use of filtration systems near areas with especially high risk of pollutant generation (parking Iota, etc.), and the use of biofiitration. Thank you for the opportunity to comment on the Mitigated Negative Declaration (MND) for the Newport Beach Country Club and The Tennis Club Project. Commission staff request notification of any future activity associated with this project or related projects. Please note, the comments provided herein are preliminary in nature. Additional and more specific comments may be appropriate as the project develops into final form and when an application is submitted for a coastal development permit. Please feel free to contact me at 562 -590 -5071 with any questions. Coastal Prd/gratln Analyst 11 Cc: State Clearinghouse 6. California Coastal Commission (October 19, 2010) Response to Comment No. 1 The Coastal Land Use Plan (CLUP) land use designations for the subject property are found on the Coastal Land Use Plan Map of the City's CLUP; the relevant portion of that plan is illustrated below. The Tennis Club /mixed use portion of the proposed NBCC PCD is designated MU -H /PR. As stated in Section 2.1.8 on Page 2 -18 of the CLUP, this designation "is in recognition of the private recreational tennis courts and the potential development of short-term rental bungalows and a limited number of single family homes." As indicated in that map, only the golf club portion of the NBCC PCD is designated PR (Parks and Recreation). J. Response to Comment No. 2 :a The initial study misidentified the CLUP's land use designation for the golf course portion of the NBCC PCD. The correct designation for the golf course portion of the NBCC PCD is PR (Parks and Recreation), as illustrated above. Newport Beach Country Club MND (PA 2005 140) Responses to Public Comments March 2011 Page 22 Response to Comment No. 3 The Bungalows proposed by the project applicant will provide visitor - serving accommodations. Although the rates for the Bungalows are not yet established, it is anticipated that they would be a "higher cost," rate. There are no existing lower -cost accommodations on the subject property. As a result, the Bungalows will not eliminate existing lower -cost accommodations. Consistent with Policy 2.3.3 -1 of the CLUP, if it is determined that the Bungalows impact lower -cost overnight visitor accommodations in Newport Beach, then, to the extent permitted by law, an in lieu fee may be assessed to be used by the City to provide lower cost visitor accommodations. Response to Comment No. 4 The CLUP allows for residential development in the MU -HIPR district. Although not specifically stated in Table 2.1.1 -1, Section 2.1.8 of the CLUP expressly provides as follows: '21.8 Balboa Bay Tennis Club Located in Newport Center, the Balboa Bay Tennis Club is designated MU -H /PR. This is in recognition of the private recreational tennis courts and the potential development of short term rental bungalows and a limited number of single- family homes." To support this express provision, Policy 2.1.8 -1 of the CLUP provides the following specifically for the "Balboa Bay Tennis Club" site: "Policy 2.1.8 -1. Allow the horizontal intermixing of short-term rental units and single- family homes with the expanded tennis club faculties. Permitted uses include those permitted by the MU -H and PR categories." The proposed NBCC PCD regulations are consistent with the CLUP because they provide for 27 "short- term rental bungalows" and a "limited number' (5) of single - family homes. Response to Comment No. 5 The proposed NBCC PCD regulations will be subject to Sections 30230 and 30231 of the California Coastal Act to ensure that coastal waters, habitat, and biodiversity are protected from degradation resulting from redevelopment of the subject property. As indicated in Section IX (Hydrology and Water Quality), a range of best management practices (BMPs) and related water quality features will be incorporated into implementation of the proposed NBCC PCD regulations to ensure that water quality impacts associated with sites development are reduced to an acceptable level and also meet the objectives of the California Coast Act as stipulated in Section 30230 and 30231. Implementation of BMPs that will be refined and included in the Stormwater Pollution Prevention Plan (SWPPP) will ensure that construction impacts are minimized. Similarly, BMPs will also be refined and incorporated into the project design to avoid post- construction impacts to water quality. These water quality features must be approved by the Coastal Commission. Response to Comment No. 6 This comment, which identifies examples of potential site design measures to reduce pollutants into the surface and groundwater regimes, is acknowledged. As indicated in Response to Comment No. 5, BMPs identified in the NPDES technical study prepared for 'implementation of the proposed NBCC PCD regulations will be refined to comply with the requirements imposed by the California Coastal Commission to ensure that both groundwater and surface water quality are protected. Newport Beach Country Club MND (PA 2005140) Responses to Public Comments March 2011 Page 23 Response to Comment No. 7 As indicated in this comment, treatment control BMPs will be designed to treat the specific pollutants generated within the subject property as a result of project implementation. The source control BMPs incorporated into the project design shall comply with the standards and requirements prescribed by the California Coastal Commission. Response to Comment No. 8 Refer to Section IV,2 Post - Construction Phase BMPs of the "NPDES Technical Study' dated January 14, 2009 prepared by Adams- Streeter Civil Engineers, Inc. A list of site design, source control and treatment control water quality control measures that will be incorporated into the proposed project as required by Standard Conditions SC -17 and SC -18 is presented below. Site Design' The use of porous paving materials such as ungrouted pavers or permeable asphalt. Maximize landscaping using bioretention and bioswales. Allow street and parking lots to flow into vegetated planters and swales. Disconnecting roof gutters from collection systems. Meaning, allow roof drains to disperse into a vegetated area. Rain Harvesting via the use of cisterns. Covered trash enclosure areas. Source Control Planting drought tolerant and native plants. Minimize the use of pesticides and fertilizers. • Use efficient drip irrigation systems. • Frequent street and parking lot sweeping programs. • Sidewalk, Hardscape and Tennis Court Cleaning programs. Treatment Control The use of catch basin filter inserts. The use of a treatment train, such as a combination of a Hydrodynamic Separator (Contech CDS) and a Storm Filter (Contech StormFilter). The use of Roof Gutter Filters. The use of Bioretention areas — Vegetated shallow depressions that provide storage and infiltration. (Per review /approval of soils engineer). Drainage System Maintenance. Response to Comment No. 9 All new catch basin inserts throughout NBCC PCD will use filtration systems near areas with especially high risk of pollutant generation (e.g., parking lots, etc.) and biofiltration as recommended by the Coastal Commission Staff. 'Most site design recommendations will have to be reviewed and approved by the soils engineer. Newport Beach Country Club MND (PA 2005 -.140) Responses to Public Comments March 2011 Page 24 10/19/2010 01:14 13106390721 PAGE 02/03. FAINBARG & FEUERSTEIN PROPERTIES Letter No. 7 C/O S & A PROPERTIES ATTENTION:IRVING M. CHASE 129 W. WILSON ST. SUITE 100 COSTA MESA, CA 92627 949 - 722 -7400 949- 722 -8855 FAX VIA FAX (9491 644 -3203 and Certified MUM= RqQcfot Reauested October 18, 2010 City of Newport Beach Planning Department 3300 Newport Boulevard Newport Beach, CA 92658 -8915 RE: Newport Beach Country Club Former Balboa Bay Racquet Club Armstrong Garden Center, 1500 pacific Coast Highway To Whom It May Concern: We own the land upon which the Armstrong Garden Center that is located at 1 1500 Pacific Coast Highway, Newport Beach, is built. We have ground leased this property to Armstrong Garden Center on a long term basis. An access easement for the benefit of the Armstrong Garden Center currently exists In the form of a frontage road that runs from Irvine Terrace on the east to 2 the Armstrong Garden Center property boundary on the west. This access easement runs the full length of the frontage of the Newport Beach County Club property that boarders the Pacific Coast Highway. The purpose of the letter is to inform the City that this access easement exists 3 and is a property right enjoyed by the Armstrong Garden Center under the term of their long term Ground Lease with us. On more that on occasion, Armstrong Garden Center's corporate management 4 has told us that the continued existence of the access easement is important and necessary for the benefit of their business operations at this location and that they will not voluntarily relinquish use of this access easement. 10/19/2010 01 :14 13106390721 PAGE 03/03 We understand and support Armstrong Garden Center's concerns regarding the continued existence of the access easement and their use of the access easement. We will be forced to prevent, with whatever legal means at our 5 disposal, any attempt to deprive Armstrong Garden Center's use of the access easement by any public or private entity. We are the owners of the property and must, by virtue of the fact that we are a party to a lease that guarantees certain rights to Armstrong Garden Center, defend Armstrong Garden Center's use of this access easement. It Is important for the City to understand that any re- development of the 6 Newport Beach Country Club and or the former Balboa Bay Racquet Club must be mindful of the existence of the Armstrong Garden Center access easement and Armstrong Garden Center rights to use this access easement. Thank you. S erely urs, F inbarg a d Feuerstein Properties By. Irving M. Chase cc: Allan Fainbarg Arnold D. Feuerstein Elliot Feuerstein Brett Feuerstein Ryan Chase David Scheppers, CPA Gary Waldron, Esq. David Wooten, Balboa Bay Club, International Fainbarg & Feuerstein Properties (October 18, 2010) Response to Comment No. f This comment is acknowledged. No response is necessary. Response to Comment No. 2 The frontage road easement was terminated by Termination of Access Easement executed by the fee owners of the benefited "nursery property" and dated November 30, 1996, recorded December 8, 1997, and assigned Instrument No. 19970630399. The Title Report provided to the City for NBCC PCD and dated June 1, 2010 shows no frontage road easement. The fee owners of the nursery property entered into a lease with Armstrong Garden Centers after the Termination of the frontage road easement. That lease provides access through two curb cuts directly in front of the nursery property on East Coast Highway. Response to Comment No. 3 See Response to Comment No. 2 immediately above. Response to Comment No. 4 This comment is acknowledged. No response is necessary. Response to Comment No. 5 This comment is acknowledged. No response is necessary. Response to Comment No. 6 This comment is acknowledged. No response is necessary. Newport Beach Country Club MND (PA 2005 -140) Responses to Public Comments March 2011 Page 25 /1' AIRPORT LAND USE COMMISSION ORANGE COUNTY FOR ORANGE COUNTY �LUO 3160 Airway Avenue • Costa Mesa, California 92626 - 949.252.5170 fax: 949.252.6012 Letter No. 8 Z October 19, 2010 Rosalinh Ung, Associate Planner City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 Subject: Newport Beach Country Club Project (PA 2005 -140) Dear Ms. Ung: Thank you for the opportunity to review the initial study (IS) and mitigated negative declaration (MND) for the proposed Newport Beach Country Club Project located at 1600 — 1602 East Coast Highway, Newport Beach, California in the context of the Airport Land Use Commission's Airport Environs Land Use Plan for John Wayne Airport (JWA AELUP). We wish to offer the following comments and request consideration of these comments as you proceed with preparation of your MND. As stated in the initial study a portion of the Newport Beach Country Club property is located within the Federal Aviation Regulation (FAR) Part 77 Notification Area for JWA. We suggest that given the high ground elevation in this area, it should be determined whether the proposed project surpasses the 100:1 notification surface for JWA. Penetration of this surface requires that the project applicant file FAA Form 7460- 1 with the FAA Regional Office in order for that agency to determine any potential impacts by the project upon navigable airspace surrounding JWA. We recommend that the MND discuss the project's location within the FAR Part 77 Notification Area for JWA and state that if necessary, the FAA determination will be considered in developing the proposed project. In addition, the MND should also discuss if the development of heliports will be part of the proposed project. Should the development of heliports occur within your jurisdiction, proposals to develop new heliports must be submitted through the City to the ALUC for review and action pursuant to Public Utilities Code Section 21661.5. Proposed heliport projects must comply fully with the State permit procedure provided by law and with all conditions of approval imposed or recommended by FAA, by the ALUC for Orange County and by Caltrans/Division of Aeronautics. ALUC Comments Newpon Beach Country Club Page 2 1011910 A referral by the City to the ALUC may be required 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. Planned Community Text Adoption) under PUC Section 21676(b). In this 3 regard, please note that the Commission suggests such referrals be submitted and agendzzed 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. Thank you for the opportunity to comment on the proposed project. Please contact Lea Choum at 949.252.5123 or via email Ichoumna.ocair.com if you require additional information. Sincerely, r Kari A. Rigoni 4L Executive Officer 8. Airport Land Use Commission (October 19, 2010) Response to Comment No. 1 Although a portion of the Newport Beach Country Club property is located within the FAA Notification Area (i.e., 20,000 -foot radius at 100:1 Slope) of John Wayne Airport (JWA), all structures proposed for the project (i.e., reconstructed golf clubhouse, bungalows, tennis center, and villas) are located beyond (i.e., outside) the limits of the Notification area. Therefore, no FAA Part 77 Notification is required. Response to Comment No. 2 The project description does not identify a heliport as one of the project components. A heliport does not currently exist on the subject property and one is not proposed. Should a heliport be proposed in the future, such a project would be subject to environmental analysis and review, as indicated in this comment. Response to Comment No. 3 This comment, which discusses the ALUC review process, is acknowledged. As suggested in this comment, the City will ensure that the referral will be submitted to the ALUC in order to have the item placed on the ALUC meeting agenda on a date that occurs between the Newport Beach Planning Commission hearing and the City Council hearing for the project. Newport Beach Country Club. MND (PA 2005140) Responses to Public Comments March 2011 Page 26 1 CCRPA California Cultural Resource Preservation Alliance, inc. P.O. Box 54132 An alliance of American Indian and scientific communities working for Irvine, CA 92619 -4132 the preservation of archaeological sites and other cultural resources. Letter No. 9 October 19, 2010 Rosalinh Ung Planning Department City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658 -8915 Re: Notice of Intention (NOI) to Adopt a Negative Declaration for Newport Beach Country Club, Project PA 2005 -140, Section V. Cultural Resources, Mitigation Measures. Dear Ms. Ung, I have reviewed the cultural resource element of subject document and am replying on behalf of CCRPA, Inc. It appears that the proposed project area was not surveyed for archaeological significance prior to building the current facilities. Grading for parking lots and tennis courts would not have necessarily destroyed all archaeological remains if any were in fact present. As noted in this document, the surrounding area has been subject to numerous studies which indicate that the project area may be culturally sensitive. As implied in the proposed mitigation measure SC -8, a qualified archaeologist should be on site to observe all grading and landform alteration activities. If cultural resources are revealed, the planned mitigation and protection provisions as described in SC -8 should include archaeological investigation of the area surrounding the finds to determine the extent of the site. Data recovery excavation consistent with the archaeologist's recommendations and standard practice should be completed prior to resuming construction work. Thank you for the opportunity to review this document. The CCRPA is pleased to work with the City of Newport Beach on cultural resource issues. Please let us know if we can be of further help. Sincerely, Virginia Bickford, MA Archaeologist Secretary CCRPA Phone: 562 493 -5169 Sent by email 10/19/10 9. California Cultural Resource Preservation Alliance, Inc. (October 19, 2010) Response to Comment No. 1 As noted in this comment, the requested steps to be taken if cultural resources are revealed are implied in Mitigation Measure SC -8. To further clarify MM SC -8, the recommendations identified in this comment will be added to MM -8 as indicated below (refer to underlined portion). With these modifications, the revised MM SC -8 will be equivalent or more effective in mitigating or avoiding the potential significant impacts it addresses and will not itself cause any potentially significant effect on the environment. SC -8 A qualified archaeological /paleontological monitor shall be retained by the project applicant who will be available during the grading and landform alteration phase and shall be contacted if cultural resources are encountered. In the event cultural resources and /or fossils are encountered during construction activities, ground- disturbing excavations in the vicinity of the discovery shall be redirected or halted by the monitor until the find has been salvaged. The area surrounding any cultural materials or fossils encountered during grading shall also be investigated to determine the extent of the site. Any artifacts and /or fossils discovered during project construction shall be prepared to a point of identification and stabilized for long -term storage. Any discovery, along with supporting documentation and an itemized catalogue, shall be accessioned into the collections of a suitable repository. Curation costs to accession any collections shall be the responsibility of the project applicant. Newport Beach Country Club MND (PA 2005 -140) Responses to Public Comments March 2019 Page 27 Attachment No. PC 7 Response to Irvine Company Letter (Not included in the staff report package due to their size and bulk) 4. The Irvine Company (October 15, 2010) Response to Comment No. 1 .m�rc:rr.�srrnerrym:�:mmeMrr ©e re � F.... � 4 through 18 in the MND clearly depict the phasing for the proposed tennis club (Exhibits 4 through 10) and golf clubhouse (Exhibits 11 through 18). The tennis club development and the golf club development will run in independent construction phases. Newport Beach Country Club MND (PA2005 -140) Responses to Public Comments March 2011 Page 6 Revised Table 2 (from Response to Comment No. 1 - Irvine Company) (refer to Page 8 of MIND) Tennis Club Development Phasing Phase Desari tion Duration MND Exhibit Reference Revised Phasing Plan Months (5/31/11) Installation of Temporary Modular Tennis 1 4 1 Clubhouse' 1 Demolition of Tennis Club building, 9 tennis 1 4 2 courts, perimeter tennis court fence remains, portion of Tennis Club parking lot (61 parking spaces), landscaping and small portion of existin site wall Construct The Villas (3), Private Street, New 14 6 4 Tennis Clubhouse and Parking Lots (refer to Exhibit -6) 2 Demolition of 3 tennis courts, small portion of 1 5 3 Tennis Club parking lot and remaining Tennis Club Building Construct Center Court area and Bun aloes Pool 3 8 6 3 Demolition of 3 tennis courts, remaining portion 1 7 5 of old Tennis Club parking lot and removal of Temporary Modular Tennis Clubhouse 4 Demolition of 2 tennis courts, and perimeter 1 9 7 tennis court fence in front of the 3 completed '911as —After substantial completion of the Golf ingalows removal of perimeter tennis court I :nce in front of the Golf Bungalows. Construct Golf and Tennis Bungalows and 15 10 8 remainin 2 Villas. Total Schedule 36 'Anticipated Start date is September 2011 SOURCE: The Templeton Planning Group Ma 2011 Newport Beach Country Club MIND (PA2005 -140) Responses to Public Comments March 2011 Page 7 Revised Table 3 (refer to Page 16 of MND) Golf Clubhouse Development Phasing Response to Comment No. 2 The commentor correctly notes that a start date of September 2011 followed by a 36 -month construction schedule would result in a completion date of approximately September 2014. This correction does not, however, alter the conclusions of the air quality analysis because that analysis has examined the "worst case" scenario for long -term emissions. As noted on Page 48 of the MND, the proposed project will generate fewer trips than existing uses. Therefore, whether using a 2012 or a 2014 buildout date, long- term operational emissions will be less than significant. Response to Comment No. 3 The grading plan for the NBCC PCD balances on site and will not require the import or export of material. Grading quantities are set forth in Table RTC -1 below. The projected types and numbers of equipment and machinery to be used for grading are identified in Table RTC -2 below. The information contained in these tables was used in the calculation of air quality emissions in Table 1 on Page 46 of the MND, resulting in the MND's conclusion that construction emissions associated with project implementation will not exceed the SCAQMD significance thresholds. Newport Beach Country Club MND (PA2005 -140) Responses to Public Comments March 2011 Page 8 Duration MND Exhibit Phase Description Months Reference Demolition of East Side Golf Clubhouse Parking Lot and 1 11 1 PCH Entry' Construct East Side Parking Lot and PCH Entr z 4 12 Demolition of West Side Golf Clubhouse Parking Lot 1 13 2 Construct West Side Parking Lot and Temporary Golf Club 6 14 3 Demolition of Golf Clubhouse 2 15 Construct New Golf Clubhouse 14 16 Demolition of portion of Greenskeeper Area, Temporary modular Golf Clubhouse and northern portion of Golf 2 17 4 Clubhouse Parking Lot Construct Greenskeeper Area and Golf Porte Cache and 4 18 Parkin Total Schedule 34 'Start date to be determined. 2Includes car wash. SOURCE: The Templeton Planning Group Jul 2010 Response to Comment No. 2 The commentor correctly notes that a start date of September 2011 followed by a 36 -month construction schedule would result in a completion date of approximately September 2014. This correction does not, however, alter the conclusions of the air quality analysis because that analysis has examined the "worst case" scenario for long -term emissions. As noted on Page 48 of the MND, the proposed project will generate fewer trips than existing uses. Therefore, whether using a 2012 or a 2014 buildout date, long- term operational emissions will be less than significant. Response to Comment No. 3 The grading plan for the NBCC PCD balances on site and will not require the import or export of material. Grading quantities are set forth in Table RTC -1 below. The projected types and numbers of equipment and machinery to be used for grading are identified in Table RTC -2 below. The information contained in these tables was used in the calculation of air quality emissions in Table 1 on Page 46 of the MND, resulting in the MND's conclusion that construction emissions associated with project implementation will not exceed the SCAQMD significance thresholds. Newport Beach Country Club MND (PA2005 -140) Responses to Public Comments March 2011 Page 8 Attachment No. PC 8 Mitigation Monitoring and Reporting Program (Not included in the staff report package due to their size and bulk) MITIGATION MONITORING AND REPORTING PROGRAM FOR NEWPORT BEACH COUNTRY CLUB - GOLF REALTY FUND INITIAL STUDY /MITIGATED NEGATIVE DECLARATION (PA2005 -140) MITIGATION MONITORING AND REPORTING PROGRAM In accordance with the California Environmental Quality Act (CEQA), the City of Newport Beach prepared a Mitigated Negative Declaration (MND) and Initial Study for the proposed Newport Beach Country Club project located in the City of Newport Beach. The MND indicated that the potential adverse environmental impacts of the project, in terms of Cultural Resources, Geology and Soils, Noise, and Transportation/Traffic could be mitigated to below levels of significance. The mitigation measures, standard conditions, and project design features have been incorporated into the project and the MND is scheduled for adoption by the City of Newport Beach, in conjunction with the approval of the project. Section 21081.6 of the Public Resources Code (PRC) and CEQA Guidelines section 15097 require the Lead Agency for each project which is subject to the CEQA to monitor performance of the mitigation measures included in any environmental document to ensure that implementation does, in fact, take place. The PRC requires the Lead Agency to adopt a monitoring and reporting program that is designed to ensure compliance during project implementation. In accordance with PRC Section 21081.6 and CEQA Guidelines Section 15097, this Mitigation Monitoring and Reporting Program (MMRP) has been prepared for the Newport Beach Country Club project. Table 1 lists the mitigation measures, standard conditions, responsible parties, time frame for implementation, and monitoring parties. Mitigation Monitoring and Reporting Program Newport Beach Country Club (PA2005 -140) May 2011 Page 2 Table 1 Mitigation Monitoring and Reporting Program Newport Beach Country Club (PA 2005 -140) Newport Beach, CA SCIPDFIMM Method of Timing of Applicable No. Mitigation Measure Verification Implementation Phases Responsibility Aesthetics Prior to the issuance of building permits, the applicant shall prepare a photometric study in conjunction with a final lighting plan for approval by the Planning Division. Tennis Club The site shall not be excessively illuminated based on Site: the luminance recommendations of the Illuminating Phase 2 SC -1 Engineering Society of North America, or, if in the Approval of Prior to issuance of Planning Division opinion of the Planning Director, the illumination photometric study building permit Golf Club creates an unacceptable negative impact on Site: surrounding land uses or environmental resources. Phase 3 The Planning Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. Agricultural and Forest Resources No significant impacts are anticipated and no mitigation measures are required. Air Quality Adherence to SCAQMD Rule 402, which prohibits air Tennis Club contaminants or other materials that cause injury, Site: detriment, nuisance or annoyance to any considerable Phases 1-4 SC -2 number of persons or to the public, or which endanger Periodic monitoring During construction Community Development the comfort, repose, health, or safety of any such during construction activities Golf Club Department persons or the public, or which cause, or have a Site: natural tendency to cause injury or damage to Phases 1-4 business or property to be emitted within the SoCAB. Tennis Club Site: Adherence to SCAQMD Rule 403, which sets Periodic monitoring During construction Community Development SC -3 requirements for dust control associated with grading during construction activities Phases 1-4 Department and construction activities. Mitigation Monitoring and Reporting Program Newport Beach Country Club (PA2005 -140) May 2011 Page 3 SCIPDFIMM Method of Timing of Applicable No. Mitigation Measure Verification Implementation Phase( s) Responsibility Golf Club Site: Phases 1-4 Tennis Club Site: Adherence to SCAQMD Rules 431.1 and 431.2, which Phases 1-4 SC -4 require the use of low sulfur fuel for stationary Periodic monitoring During construction Community Development construction equipment. during construction activities Golf Club Department Site: Phases 1-4 Tennis Club Site: Phases 1-4 SC -5 Adherence to SCAQMD Rule 1108, which sets Periodic monitoring During construction Community Development limitations on ROG content in asphalt. during construction activities Golf Club Department Site: Phases 1-4 Tennis Club Site: Phases 2-4 SC -6 Adherence to SCAQMD Rule 1113, which sets Periodic monitoring During construction Community Development limitations on ROG content in architectural coatings. during construction activities Golf Club Department Site: Phases 2-4 Tennis Club Site: Adherence to Title 24 energy - efficient design requirements as well as the provision of window Submit evidence of Phases 2-4 SC -7 ient ventilation glazing, wall insulation, and efficient ompliance during Prior to issuance of Building Division methods i accordance with the requirements of the building plan check building permits Golf Club Uniform Building Code. process Site: Phases 3-4 Biological Resources No significant impacts to biological resources are anticipated; no mitigation measures are required. Mitigation Monitoring and Reporting Program Newport Beach Country Club (PA2005 -140) May 2011 Page 4 SCIPDFIMM Method of Timing of Applicable No. Mitigation Measure Verification Implementation Phase(s) Responsibility Cultural Resources A qualified archaeological /paleontological monitor shall be retained by the project applicant who will be present during the grading and landform alteration phase. In the event that cultural resources and /or fossils are encountered during construction activities, ground - disturbing excavations in the vicinity of the discovery Tennis Club Site: shall be redirected or halted by the monitor until the Submit proof of find has been salvaged. The area surrounding any qualified Phase 2 SC -8 cultural materials or fossils encountered during grading archaeological/ prior to issuance of Planning Division shall also be investigated to determine the extent of paleontological grading permit the site. Any artifacts and /or fossils discovered during monitor Golf Club project construction shall be prepared to a point of Site: identification and stabilized for long -term storage. Any Phase 1 discovery, along with supporting documentation and an itemized catalogue, shall be accessioned into the collections of a suitable repository. Curation costs to accession any collections shall be the responsibility of the project applicant. Tennis Club Site: The City shall provide an opportunity for a Native American representative to monitor excavation activities. Submit proof of Prior to issuance of Phase 2 MM -1 The representative shall be determined by the City Native American grading permit Golf Club Planning Division based on input from concerned Native American tribes "o, observer Site: (i.e., Gabrielino, Juanen and Tongvas). Phase 1 Geology and Soils Tennis Club Site: Phases 1-4 All grading operations and construction shall comply Periodic monitoring Golf Club SC -9 with the applicable City of Newport Beach Grading during grading and During grading and Site: Building Division Code and Grading Manual and the most recent version construction construction operations phases 1-4 of the California Building Code. Mitigation Monitoring and Reporting Program Newport Beach Country Club (PA2005 -140) May 2011 Page 5 SCIPDFIMM Method of Timing of Applicable No. Mitigation Measure Verification Implementation Phases) Responsibility Tennis Club Site: Prior to issuance of the grading permit, an erosion Approval of erosion Prior to issuance of Phases 1 -3 SC -10 control plan shall be submitted to and approved by the control plan grading permit Golf Club Building Division City's Building Division. Site: Phases 1-4 Tennis Club Site: Prior to issuance of a grading permit, the applicant Submittal of soils Phase 2 SC -11 shall submit a soil engineering report and final engineering report Prior to issuance of Building Division geotechnical report to the City's Building Division for and final geotechnical grading permit Golf Club approval. report Site: Phase 2 The project shall be designed to incorporate the recommendations included in "Revised Preliminary Geotechnical Design Parameters for the NBCC Planned Community" (April 25, 2008) and "Report of Tennis Club Site: Geotechnical Studies and Review of Vesting Tentative Tract Map No. 15347" (May 2, 2008) prepared by GMU Phase 2 MM -2 Geotechnical that address site grading, site clearing, Submittal of Prior to issuance of Building Division compaction, bearing capacity and settlement, lateral geotechnical reports grading permit Golf Club pressures, footing design, seismic design, slabs on Site: grade, retaining wall design, subdrain design, Phase 1 concrete, surface drainage, landscape maintenance, etc. The Building Division shall review the grading plan to ensure conformance with recommendations contained in the final geotechnical report. Greenhouse Gas Emissions Tennis Club Site: Submit evidence of Phase 2 SC -12 All new buildings shall meet Title 24 requirements. compliance during Prior to issuance of Golf Club Building Division building plan check building permit Site: process Phase 3 Mitigation Monitoring and Reporting Program Newport Beach Country Club (PA2005 -140) May 2011 Page 6 SCIPDFIMM Method of Timing of Applicable No. Mitigation Measure Verification Implementation Phase( s) Responsibility Tennis Club Site: Phase 2 SC -13 Water conservation design features shall be Submit evidence of Prior to issuance of Planning Division and incorporated into building and landscape designs. compliance building permit Golf Club Public Works Department Site: Phase 2 Tennis Club Site: Design of buildings shall take into account the location Submit evidence of Prior to issuance of Phase 2 PDF -1 of building air intake to maximize ventilation efficiency compliance during building permit Golf Club Building Division and incorporate natural ventilation. plan check process Site: Phase 2 Tennis Club Site: Submit evidence of Phase 2 PDF -2 The buildings shall incorporate energy- conserving compliance during Prior to issuance of Building Division heating and lighting systems. building plan check building permit Golf Club process Site: Phase 2 Submit evidence of Tennis Club Site: compliance during The project shall incorporate fast - growing, low water landscape plan Prior to issuance of Phase 2 Planning Division and PDF -3 use landscape to enhance carbon sequestration and review and upon field building permit Golf Club Public Works Department reduce water use. verification Site: Phase 2 Hazards and Hazardous Materials Prior to any disturbance of the construction materials Tennis Club Site: within the Golf Clubhouse and /or the Tennis Clubhouse, a comprehensive asbestos containing Submit ACM and Prior to issuance of Phase 2 SC -14 materials (ACM) and lead based paint (LBP) survey LBP survey and site demolition permit for Building Division shall be conducted. Any repairs, renovations, removal inspection buildings Golf Club or demolition activities that will impact the ACM and /or Site: LBP or inaccessible ACM shall be performed by a Phase 3 Mitigation Monitoring and Reporting Program Newport Beach Country Club (PA2005 -140) May 2011 Page 7 SCIPDFIMM Method of Timing of Applicable No. Mitigation Measure Verification Implementation Phase(s) Responsibility licensed asbestos contractor. Inaccessible suspect ACM shall be tested prior to demolition or renovation. Proper safety procedures for the handling of suspect ACM and LBP shall be followed in accordance with federal, state and local regulatory requirements federal and California Occupation Safety and Health Administration (OSHA), and Air Quality Management District (AQMD) Rule 1403, which sets forth specific procedures and requirements related to demolition activities involving asbestos containing materials and SCAQMD Regulation X - National Emission Standards For Hazardous Air Pollutants, Subpart M - National Emission Standards For Asbestos, which include demolition activities involving asbestos. During demolition, grading, and excavation, workers shall comply with the requirements of Title 8 of the Tennis Club Site: California Code of Regulations Section 1532.1, which provides for exposure limits, exposure monitoring, Periodic monitoring During demolition, Phases 1-4 SC -15 respiratory protection, and good working practice by during demolition and grading and excavation Building Division workers exposed to lead. Lead - contaminated debris site inspection Golf Club and other wastes shall be managed and disposed of in Site: accordance with the applicable provision of the Phases 1-4 California Health and Safety Code. H drology and Water Qualit Prior to issuance of a grading permit, the project applicant shall be required to submit a notice of intent (NOI) with the appropriate fees to the State Water Tennis Club Site: Quality Resources Control Board for coverage of such future projects under the General Construction Activity Submit evidence of Prior to issuance of Phase 2 Building Division and SC -16 Storm Water Runoff Permit prior to initiation of NOI filing grading permit Public Works Department construction activity at a future site. As required by the Golf Club NPDES permit, a Storm Water Pollution and Site: Prevention Plan (SWPPP) will be prepared and will Phase 1 establish BMPS in order to reduce sedimentation and erosion. Prior to issuance of a grading permit, the project Tennis Club Site: applicant shall prepare a Water Quality Management Prior to issuance of Building Division and SC -17 Plan (WQMP) for the project and submit the WQMP to Approval of WQMP grading permit Phase 2 Public Works Department the City of Newport Beach for approval. The WQMP shall specifically identify Best Management Practices Mitigation Monitoring and Reporting Program Newport Beach Country Club (PA2005 -140) May 2011 Page 8 SCIPDFIMM Method of Timing of Applicable No. Mitigation Measure Verification Implementation Phase( s) Responsibility (BMPs) that will be used to control predictable pollutant Golf Club runoff, including flow /volume -based measures to treat Site: the "first flush." The WQMP shall identify at a Phase 1 minimum the routine structural and non - structural measures specified in the Countywide NPDES Drainage Area Master Plan (DAMP), which details implementation of the BMPs whenever they are applicable to a project, the assignment of long -term maintenance responsibilities, and shall reference the locations of structural BMPs. Prior to issuance of a grading permit, the project applicant shall prepare a Storm Water Pollution and Prevention Plan ( SWPPP). The SWPPP will establish Tennis Club Site: BMPs in order to reduce sedimentation and erosion Submit SWPPP and prevent construction pollutants from leaving the Prior issuance of Phase 2 Building Division and SC -18 site. The project shall also incorporate all monitoring Approval of erosion grading permit Public Works Department elements as required in the General Construction and sediment control Golf Club Permit. The project applicant shall also develop an plan Site: erosion and sediment control plan to be reviewed and Phase 1 approved by the City of Newport Beach prior to issuance of grading permit. Tennis Club Site: Future site grading and construction shall comply with Phases 1-4 the drainage controls imposed by the applicable Submit evidence of During grading and Building Division and SC -19 building code requirements prescribed by the City of compliance and site construction activities Golf Club Public Works Department Newport Beach. inspection S ite: Phases 1-4 Land Use and Planning No significant impacts are anticipated and no mitigation measures are required. Mineral Resources No significant impacts are anticipated and no mitigation measures are required. Noise MM -3 During rock crushing operations, a temporary barrier Show on grading During rock crushing Tennis Club: Building Division Phases 1-4 using a pile of accumulated demolition debris or a plans and site o erations Mitigation Monitoring and Reporting Program Newport Beach Country Club (PA2005 -140) May 2011 Page 9 SCIPDFIMM Method of Timing of Applicable No. Mitigation Measure Verification Implementation Phase(s) Responsibility sound blanket shall be used if a direct line of sight inspection exists between the crusher and any off -site homes. Golf Club Site: Phases 1-4 Tennis Club Site: All construction equipment, stationary and mobile, shall Show on grading Phases 1-4 MM -4 be equipped with properly operating and maintained plans and site During construction activities Golf Club Building Division muffling devices. inspection Site: Phases 1-4 Tennis Club Site: Prior to issuance of a grading permit, a construction Submit construction Phases 1-4 MM -5 schedule shall be developed that minimizes potential schedule and site Prior to issuance of Community Development project - related and cumulative construction noise inspection grading permit Golf Club Department levels. Site: Phases 1-4 The construction contractor shall notify the residents of Tennis Club Site: Phases 1-4 the construction schedule for the proposed project, and shall keep them informed on any changes to the Submit evidence of Prior issuance of MM -6 schedule. The notification shall also identify the name compliance and site grading ng permit Golf Club Building Division and phone number of a contact person in case of inspection Site: complaints. The contact person shall take all Phases 1-4 reasonable steps to resolve the complaint. Heating, venting, and air conditioning (HVAC) Tennis Club Site: equipment in or adjacent to residential areas shall be Submit evidence shown by computation, based on the sound rating of HVAC equipment t Phases 2-4 MM -7 the proposed equipment, not to exceed an A- weighted sound rating (adjacent Prior to issuance of Golf Club Community Development sound pressure level of fifty (50) dBA or not to exceed a residential areas) building permit Site Department an A- weighted sound pressure level of fifty -five (55) during building plan Phases 2-4 dBA check process Population and Housing No significant impacts are anticipated and no mitigation measures are required. Mitigation Monitoring and Reporting Program Newport Beach Country Club (PA2005 -140) May 2011 Page 10 SCIPDFIMM Method of Timing of Applicable No. Mitigation Measure Verification Implementation Phase(s) Responsibility Public Services No significant impacts are anticipated and no mitigation measures are required. Recreation No significant impacts are anticipated and no mitigation measures are required. Transportation /Traffic Prior to commencement of each major phase of construction, the Contractor shall submit a construction staging, parking and traffic control plan for approval by the Public Works Department, which shall address issues pertaining to potential traffic conflicts during peak traffic periods, potential displacement of on- street parking, and safety. This plan shall identify the proposed construction staging area(s), construction Tennis Club crew parking area(s), estimated number and types of Site: Phase 1 -4 vehicles that will occur during each phase, the Approval of Prior to commencement MM -8 proposed arrival /departure routes and operational construction staging, of each major phase of Planning Division and safeguards (e.g. flagmen, barricades, etc.) and hourly parking and traffic construction Golf Club Public Works Department restrictions, if necessary, to avoid traffic conflicts control plan site: during peak traffic periods and to ensure safety. If Phases 1-4 necessary, the construction staging, parking and traffic control plan shall provide for an off -site parking lot for construction crews which will be shuttled to and from the project site at the beginning and end of each day. The plan shall identify all construction traffic routes. The approved construction staging, parking traffic control plan shall be implemented throughout each major construction phase. The left turn pocket on Irvine Terrace at the Coast Construct Golf Club Highway shall be increased in length to a minimum of or Prior to issuance of Site: MM -9 100 feet plus transition in order to adequately oimprovement provide vide equivalent building permit Public Works Department accommodate left -turn movements. bonds phase 3 Utilities and Service Systems No significant impacts are anticipated and no miti ation measures are required. Mitigation Monitoring and Reporting Program Newport Beach Country Club (PA2005 -140) May 2011 Page 11 Attachment No. PC 9 Alternative Planned Community Development Plan ,A^k Newport Beach Country Club Alternative Planned Community IW , Development Plan Ordinance No. Adopted 'Ne ?011 7r TABLE OF CONTENTS Page Number 1.0 Introduction and Purpose ................................................ ............................... 4 2.0 General Conditions and Regulations ............................... ............................... 5 3.0 Land Use and Development Regulations ........................ ............................... 10 3.1 Golf Club ............................................................... ............................... 10 A. Golf Course ..................................................... ............................... 10 B. Golf Clubhouse and Ancillary Uses ................. ............................... 10 1. Building Area .............................................. ............................... 10 2. Building Height ........................................... ............................... 10 3. Permitted Ancillary Uses ............................ ............................... 10 4. Parking ....................................................... ............................... 11 3.2 Tennis Club ........................................................... ............................... 11 A. Tennis Courts .................................................. ............................... 11 1. Number of Courts ....................................... ............................... 11 B. Tennis Clubhouse and Ancillary Uses ............. ............................... 11 1. Building Area .............................................. ............................... 11 2. Building Height ........................................... ............................... 11 3. Permitted Ancillary Uses ............................ ............................... 12 4. Parking ....................................................... ............................... 12 3.3 The Villas .............................................................. ............................... 12 1. Number of Units ......................................... ............................... 12 2. Development Standards ............................. ............................... 13 3.4 The Bungalows ..................................................... ............................... 13 Number of Units ......................................... ............................... 13 2. Building Area .............................................. ............................... 13 look1. 3. Building Height ........................................... ............................... 13 4. Building Setbacks ....................................... ............................... 14 5. Parking ....................................................... ............................... 14 3.5 ggns ..................................................................... ............................... 14 A. Sign Allowance ................................................ ............................... 14 B. Sign Standards ................................................ ............................... 14 4.0 Site Development Review ............................................... ............................... 16 4.1 Purpose ................................................................ ............................... 16 4.2 Application ............................................................ ............................... 16 4.3 Standards ............................................................. ............................... 16 4.4 Public Hearing - Required Notice ......................... ............................... 17 4.5 Expiration and Revocation Site Plan Review Approvals ...................... 17 4.6 Fees ...................................................................... ............................... 17 2 LIST OF EXHIBITS Exhibit Name Exhibit Number VicinityAerial Map ................................................................ ............................... A Conceptual Master Site Plan ................................................ ............................... B IF77CLFTiin LIST OF TABLES 3 Page .......... 13 1.0 INTRODUCTION AND PURPOSE The Newport Beach Country Club Planned Community District (the PCD) is composed of the Tennis Club and the Golf Club facilities, totaling approximately 145 acres. The PCD has been developed in accordance with the Newport Beach General Plan and is consistent with the Local Coastal Land Use Plan. The purpose of this PCD is to provide for the classification and development of limited mixed uses, including the private Tennis and Golf Clubs, 27 short -term rental units called the Bungalows with a spa /fitness area, and 5 semi - custom single -unit residential dwellings called the Villas. Whenever the regulations contained in the PCD Regulations conflict with the regulations of the Newport Beach Municipal Code, the regulations contained in the PCD Regulations shall take precedence. The Newport Beach Municipal Code shall regulate all development within the PCD when such regulations are not provided within the PCD Regulations. rw kA 0 2.0 GENERAL CONDITIONS AND REGULATIONS 1.Alcoholic Beverage Consumption The consumption of alcoholic beverages within the PCD shall be in compliance with the State of California Department of Alcoholic Beverage Control and the Newport Beach Municipal Code. A use permit shall be required if the establishment operates past 11:00 p.m. any day of the week and a minor use permit shall be required if the establishment operates until 11:00 p.m. any day of the week. t.w 2. Amplified Music All amplified music played after 7:00 p.m. within the PCD shall be confined within the interior of a building unless a Special Events Permit is obtained. 3. Archaeological /Paleontological Resources Development of the site is subject to the rovisions t Council Policies K -5 and K -6 P 1 P Y regarding archaeological and paleon' gical resource 4. Architectural Design All development shall be designed with high quality architectural standards and shall be compatible with the surrounding uses. The development shall be well- designed and planned, exhibit a high level of architectural and landscape quality. Massing offsets, variation of roof lines, varied textures, openings, recesses, and design accents on all building elevations shall be provided to enhance the architectural style. Architectural treatments for all ancillary facilities (i.e. storage, truck loading and unloading, and trash enclosures) shall be provided. 5. Building Codes Construction shall complyvAth applicable provisions of the California Building Code and the various other mechanical, electrical and plumbing codes related thereto as adopted by the Newport Beach MuClcipal Code. 6. Exterior Storage Areas There shall be no exterior storage areas permitted with the exception of the greenskeeper /maintenance area which shall be enclosed by a minimum six foot plastered block wall. 5 7. Flood Protection Development of the subject property will be undertaken in accordance with the flood protection policies of the City. 8. Grading and Erosion Control Grading and erosion control measures shall be carried out in ,accordance with the provisions of the Newport Beach Excavation and Grading Code arid; shall be subject to permits issued by the Community Development Department. 9. Gross Floor Area Gross floor area shall be defined as the total area of a building including the surrounding exterior walls. 10. Height and Grade The height of any structure within the PCD shall not exceed fifty (50) feet, unless otherwise specified. The height of a structure shall be determined and measured in accordance with the Grade Establishment and Height Limits and Exceptions Sections of the Newport Beach Municipal Code, and any amendments shall be subject to the review and approval of the Community Development Director V 11. Landscaping /Irrigation Landscaping and irrigation shall be provided in all areas not devoted to structures, parking lots and driveways to enhance the appearance of the development, reduce heat and glare, control soil erosion, conserve water, screen adjacent land uses, and preserve the integrity of PCD. Landscaping and irrigation shall consist of a combination of trees, shrubs, groundcover and hardscape improvements. Landscaping shall be prepared in accordance with the Landscaping Standards and Water- Efficient Landscaping Sections of the Newport Beach Municipal Code and installed in accordance with the approved landscape plans prepared by a licensed landscape architect. 12. Lighting — Outdoor All new outdoor lighting shall be designed, shielded, aimed, located and maintained to shield adjacent uses /properties and to not produce glare onto adjacent uses /properties. Lighting plans shall be prepared in compliance with the Outdoor Lighting Section of the Newport Beach Municipal Code and shall be prepared by a licensed electrical engineer. All lighting and lighting fixtures that are provided shall be maintained in accordance with the approved lighting plans. 2 13. Lighting — Parking Lots & Walkways All lighting and lighting fixtures that are provided shall be maintained in accordance with the approved lighting plans. Light standards within parking lots shall be the minimum height required to effectively illuminate the parking area and eliminate spillover of light and glare onto adjoining uses /properties and roadways. Parking lots and walkways accessing buildings shall be illuminated with a minimum of 0.5 foot - candle average on the driving or walking surface during the hours of operation and one hour thereafter. Lighting plans shall be prepared in compliance with the Outdoor Lighting Section of the Newport Beach Municipal Code and shall be prepared by a licensed electrical engineer. If the applicant wishes to deviate from this lighting standard, a lighting plan may be prepared by the applicant and submitted to the Community Development Director for review and approval. 14. Loading Areas for Non - Residential Uses All loading and unloading of goods delivery shall be performed onsite. Loading platforms and areas shall be screened from public view. 15. Parking Areas Parking spaces, driveways, maneuvering aisles, turnaround areas, and landscaping areas of the parking lots shall be kept free of dust, graffiti, and litter. All components of the parking areas including striping, paving, wheel stops, walls, and light standards of the parking lots shall be permanently maintained in good working condition. Access, location, parking space and lot dimensions, and parking lot improvements shall be in compliance with the Development Standards for Parking Areas Section of the Newport Beach Municipal Code. 16. Property Owner Approval Written property owner approval from all affected parties shall be required for the submittal of any site development review application and /or prior to building permit issuance. 17. Outdoor Paging Outdoor paging shall be permitted at the Golf Club to call individuals to the tees and at the Tennis Club to call points during tennis tournaments. 7 18. Sewage Disposal Sewage disposal service facilities for the PCD will be provided by Orange County Sanitation District No. 5 and shall be subject to applicable regulations, permits and fees as prescribed by the Sanitation District. 19. Screening of Mechanical Equipments All new mechanical appurtenances (e.g., air conditioning, heating, ventilation ducts and exhaust vents, swimming pool and spa pumps and filters, transformers, utility vaults and emergency power generators) shall be screened from public view and adjacent land uses. The enclosure design shall be approved by the Community Development Department. All rooftop equipment (other than vents, wind turbines, etc.) shall be architecturally treated or screened from off -site views in a manner compatible with the building materials prior to final building permit clearance for each new or remodeled building. The mechanical appurtenances shall be subject to sound rating in accordance with the Exterior Noise Standards Section of the Newport Beach Municipal Code. Rooftop screening and enclosures shall be subject to the applicable height limit. 20. Screening of the Villas from Tennis Courts Adequate buffering between the Villas and tennis courts shall be provided and subject to the Site Development Review process. The exterior perimeter of the tennis courts facing Granville Condominiums, Granville Drive, and the Tennis Clubhouse parking lot shall be screened by a minimum ten -foot high chain link fence covered by a wind screen. Wind screen shall be maintained in good condition at all time. 21. Screening of the Villas' Pool /Spa Equipment All pool and /or spa equipment shall be enclosed by a minimum five -foot high block wall plastered or otherwise textured to match the building. 22. Special Events Temporary special community events, such as PGA Senior Classic golf tournaments, Team Tennis, Davis Cup Matches, and other similar events, are permitted in the PCD, and are subject to the Special Events Chapter of the Newport Beach Municipal Code. Temporary exterior storage associated with approved special events may be permitted provided it is appropriately screened and regulated with an approved Special Event Permit. 0 23. Trash Container Storage for Residential Dwellings Trash container storage shall be out of view from public places, and may not be located in the required parking areas. If trash container storage areas cannot be located out of public view, they shall be screened from public view. Screening shall consist of fences, walls, and landscaping to a height at least 6 inches above the tops of the containers. 24. Trash Enclosures for Non - Residential Uses All trash enclosures for non - residential uses shall be provided and in accordance with the Solid Waste and Recyclable Materials Storage of the Newport Beach Municipal Code. 25. Tennis Club Site Phasing Plan The phasing plan for the tennis club site which is consisted of the tennis club, villas and bungalows shall be subject to a site development review process. Water Service Water service to the PCD will be provided by the City of Newport Beach and will be subject to applicable regulations, permits and fees as prescribed by the City. 0 7. LAND USE AND DEVELOPMENT REGULATIONS 3.1 Golf Club Refer to Exhibit B - Conceptual Master Site Plan for the general location and placement of the golf course and clubhouse. A. Golf Course An 18 -hole championship golf course and related practice facilities (i.e. putting green driving range, etc.). B. Golf Clubhouse and Ancillary Uses 1. Building Area The maximum allowable gross floor area for a golf clubhouse building shall be 56,000 square feet. The cart barn, maintenance building, and snack bar, separate restroom facilities, and starter shack located at the golf course are exempt from this development limit. 2. Building Height The maximum allowable building height for the Golf Clubhouse shall be 50 feet for pitched roof and 45 feet for flat roof design, and shall be measured in accordance with the Height Limits and Exceptions Section of the Newport Beach Municipal Code. 3. Permitted Ancillary Uses The following ancillary uses are allowed: • Golf shop • Administrative Offices • Dining, assembly, and event facilities • Health and fitness facility • Restroom and Locker facilities • Cart and club storage areas • Employee lounge /lunch areas • Meeting rooms • Hand Carwash Area • Golf Course Maintenance Facility • Others (subject to an approval of the Community Development Director) 10 8. Parking Parking for the Golf Course and Golf Clubhouse shall be in accordance with following parking ratios (source: from Table 2 of the Circulation and Parking Evaluation by Kimley -Horn and Associates, Inc., September 2009 for Newport Beach Country Club — Clubhouse Improvement Project): Golf Course: 8 spaces per hole Golf Clubhouse: Dining, assembly & meeting rooms: 1 per 3 seats or square feet Administrative Office: 4 per 1,000 square feet Pro Shop: 4 per 1,000 square feet Maintenance Facility: 2 per 1,000 square feet Health and Fitness Facility: 4 per 1,000 square feet s 3.2 Tennis Club per 35 Refer to Exhibit B - Conceptual Master Site Plan for the general location and placement of the tennis courts and clubhouse. A. The Tennis Courts Y * 1. Number of courts The maximum allowable tennis courts shall be seven lighted tennis courts (six lighted championship courts and one stadium - center court). B. Tennis Clubhouse and Ancillary Uses 1. Building Area The maximum allowable gross floor area for the Tennis Clubhouse shall be 3,725 square feet. 2. Building Height The maximum allowable building height for the Tennis Clubhouse shall be 30 feet for sloped roof and 25 feet for flat roof design, and shall be measured in accordance with the Height Limits and Exceptions Section of the Newport Beach Municipal Code. 11 3.3. 3. Permitted Ancillary Uses The following ancillary uses are allowed: • Tennis Shop • Administrative Offices • Concessions • Restroom and Locker facilities • Storage areas • Spectator seating • Others (subject to an approval D' t irec or) of., tem u evelopment 4. Parkin Parking for the Tennis Clubhouse and Courts shall be a minimum of 28 parking spaces. The Villas Refer to Exhibit B - Conceptual Master Site Plan for the general location and placement of the villas. 1. Number of Units The maximum allowable number of single - family residential units shall be five (5) single -unit residential dwellings. Development Standards following development standards shall apply to the Villas: 12 The Villas Development Standards Table Villa Villa A Villa B Villa C Villa D Villa E Designation TTM Lot #1 TTM Lot #2 TTM Lot TTM Lot TTM Lot #3 #4 #5 Lot Size 5,000 square feet minimum Lot Coverage 60% maximum 39 feet for sloped roof and 34 feet for flat roof design, measured in Building Height accordance with the Municipal Code Section 20.30.060 (Height Limits and Exceptions) Building Side Yard 3 feet minimum Setbacks Building Front and Rear Yard 5 feet minimum Nbe Setbacks A Enclosed Parking Space for Each 2 2 3 3` 2 Unit Open Guest One space - could be located on the private driveway — No Parking Space for overhang to the private street /cul -de -sac is allowed Each Unit 3.4. The Bungalows Refer to Exhibit B - Conceptual Master Site Plan for the general location and placement of the bungalows, concierge and guest center, and spa facility. Number of Units The maximum allowable number of the Bungalows shall be 27 short-term guest rental units to be built in a clustered setting of single and two -story buildings. 2. Building Area The maximum allowable gross floor area for the bungalows shall be 28,300 square feet with a 2,200 square foot concierge & guest center and a 7,500 square -foot spa facility. 3. Building Height The maximum allowable building height for the bungalows shall be 31 feet for sloped roof and 26 feet for flat roof design, measured in accordance with the Height Limits and Exceptions Section of the Newport Beach Municipal Code. 13 4. Building Setbacks The setback requirement shall be a minimum of 5 feet from any property line. 5. Parking Parking for the bungalows shall be a minimum of 34 parking spaces located in proximity to the use. AL 3.5 Signs A. Sign Allowance 1. One (1) single or double- faced, ground- mounted entrance identification sign shall be allowed at or near the vicinity of the Newport Beach Country Club's main entrance (Irvine Terrace and Coast Highway). Total maximum signage area shall not exceed one hundred eighty (180) square feet and shall not exceed ten (10) feet in height. 2. One (1) single or double- faced, ground- mounted entrance identification sign shall be allowed at or near the vicinity of the Newport Beach Country Club's secondary entrance (Granville). Total maximum sign area shall not exceed forty (40) square feet and shall not exceed six (6) feet in height. 3. Building identification signs shall be allowed; one for each street frontage. If freestanding, this sign type shall not exceed a maximum height of six (6) feet in height. The maximum sign area shall not exceed forty (40) square feet. <4. Vehicular and pedestrian directional signs shall be allowed. This sign type may occur as a single -faced or double -faced sign. The sign shall be sized to allow for proper readability given the number of lines of copy, speed of traffic, setback off the road and viewing distance. This sign type shall not exceed a maximum of eight (8) feet in height. B. Sign Standards All permanent signs in the Newport Beach Country Club Planned Community District that are visible from any public right -of -way shall be consistent with Sign Section 3.5, unless otherwise approved by the Community Development Director. 14 2. All permanent signs shall be subject to a sign permit issued by the Community Development Department. 3. All signs shall be subject to the review of the City Traffic Engineer to ensure adequate sight distance in accordance with the provisions of the Newport Beach Municipal Code. 4. Sign illumination is permitted for all sign types. No sign shall be constructed or installed to rotate, gyrate, bli_or move, or create the illusion of motion, in any fashion. 5. All permanent signs together with the entirety of their supports, braces, guys, anchors, attachments and decor shall be properly maintained, legible, functional and safe with regards to appearance, structural integrity and electrical service. 6. Temporary signs that are visible from any public right -of -way shall be allowed up to a maximum of sixty (60) days and subject to a temporary sign permit issued by the Community Development Department. 7. If the applicant wishes to deviate from the sign standards identified herein, a comprehensive sign program may be prepared or a modification permit application may be submitted for review and consideration by the Zoning Administrator in accordance with the applicable provisions of the Newport Beach Municipal Code. 15 4.0 SITE DEVELOPMENT REVIEW 4.1 Purpose The purpose of the Site Development Review process is to ensure new development proposals within the Newport Beach Country Club Planned Community Development are consistent with the goals and policies of the General Plan, provisions of this Planned Community Development Plan, the Development Agreement and the standards set forth below in sub - section 4.3. 4.2 Application 4 A site development review application shall be required for the construction of any new building structure prior to the issuance of a grading or building permit or issuance of an approval in concept for Coastal Commission. The application must be signed /authorized by all affected property owners in order to be deemed complete. The application shall be considered and approved by the Planning Commission; and the Planning Commission's decision is the final action unless appealed in accordance with the Newport Beach Municipal Code. Signs, cart barn, maintenance building, golf course's ancillary structures (i.e. free - standing restroom facilities, snack bar, and starter shack), tenant improvements to any existing buildings, kiosks, and temporary structures are exempt from the site development review process and subject to the applicable City's permits. 4.3. Standards In addition to the general purposes set forth in sub - section 4.1 and in order to carry out the purposes of this chapter as established by said section, the Site Development Review procedures established by this Section shall be applied according to and in compliance with the following standards, when applicable: The development is in compliance with all other provisions of the Planned Community District Plan; 2. Development shall be compatible with the character of the neighboring uses and surrounding sites and shall not be detrimental to the orderly and harmonious development of the surroundings and of the City; 3. Development shall be sited and designed to maximize the aesthetic quality of the project as viewed from surrounding roadways and properties, with special consideration given to the mass and bulk of buildings and the streetscape on Coast Highway; and 16 4. Site plan and layout of buildings, parking areas, pedestrian and vehicular access ways, landscaping and other site features shall give proper consideration to functional aspects of site development. 4.4. Public Hearing — Required Notice A public hearing shall be held on all site development review applications. Notice of such hearing shall be mailed not less than ten (10) days before the hearing date, postage prepaid, using addresses from the last equalized assessment roll or, alternatively, from such other records as contain more recent addresses, to owners of property within a radius of three hundred (300) feet of the exterior boundaries of the subject property. It shall be the responsibility of the applicant to obtain and provide to the City the names and addresses of owners as required by this Section. In addition to the mailed notice, such hearing shall be posted in not less than two (2) conspicuous places on or close to the property at least ten (10) days prior to the hearing. IAL � 4.5 Expiration and Revocation Site Development Review Approvals 1. Expiration. Any site development review granted in accordance with the terms of this planned community development plan shall expire within twenty -four (24) months from the date of approval if a building permit has not been issued prior to the expiration date and subsequently construction is diligently pursued until completion, unless at the time of approval the Planning Commission has specified a different period of time. 2. Violation of Terms. Any site development review granted in accordance with the terms of this planned community development plan may be revoked if any of the conditions or terms of such site development review are violated or if any law or ordinance is violated in connection therewith. 3. Public Hearing. The Planning Commission shall hold a public hearing on any proposed revocation after giving written notice to the permittee at least ten (10) days prior to the hearing, and shall submit its recommendations to the City Council. The City Council shall act thereon within sixty (60) days after receipt of the recommendation of the Planning Commission. 4.6. Fees The applicant shall pay a fee as established by Resolution of the Newport Beach City Council to the City with each application for Site Development Review under this planned community development plan. 17 Attachment No. PC 10 Project Plans & Vesting Tentative Tract Map -s o CD M UTMAL x i roP VICINITY AERIAL ! i v f r T �_/V 4� STATISTICAL SUMMARY Existing Tennis Clubhouse Proposed Tennis Clubhouse Tennis Club Parking (Weekday) Tennis Club Parking (Weekend and Holiday) Existing Tennis Courts Remaining Tennis Courts 27 Bungalows + Concierge Area + SPA Bungalow Parking 5 Villas Proposed Golf Clubhouse Proposed Below Grade Cart /Club Storage Golf Club Parking (Weekdays) Golf Club Parking (Weekends & Holidays) 3725 SF 3725 i iI 4 ( ,q; 1 Y �. 592 Stalls 24 FASHION ISLAND ;,F' Courts 37879 SF 50 ' �ff 0�.iJw" 19509 SF r it .♦ r4/rF4e.. t �♦ y, S ! i v f r T �_/V 4� STATISTICAL SUMMARY Existing Tennis Clubhouse Proposed Tennis Clubhouse Tennis Club Parking (Weekday) Tennis Club Parking (Weekend and Holiday) Existing Tennis Courts Remaining Tennis Courts 27 Bungalows + Concierge Area + SPA Bungalow Parking 5 Villas Proposed Golf Clubhouse Proposed Below Grade Cart /Club Storage Golf Club Parking (Weekdays) Golf Club Parking (Weekends & Holidays) 3725 SF 3725 SF 38 Stalls 592 Stalls 24 Courts 7 Courts 37879 SF 50 Stalls 19509 SF 35000 SF 6000 SF 300 Stalls 854 Stalls SHEET INDEX A 0.1 - Sheet Index, Aerial Map A 0.2 - Master Site Plan A 0.3 - Master Site Plan- Blow -up #1 A 0.4 - Master Site Plan- Blow -up #2 A 0.5 - Master Site Plan- Blow -up #3 L -1 - Landscape Plan TC -1 - Tennis Clubhouse Floor Plan TC -2 - Tennis Clubhouse Elevations TC -3 - Storage Shed - Floor Plan / Elevations GC -1 - Golf Clubhouse Upper Level Plan GC -2 - Golf Clubhouse Lower Level Plan GC -3 - Golf Clubhouse Elevations GC -4 - Golf Clubhouse Elevations V -1 - The Villas - Plan A V -2 - The Villas - Plan B V -3 - The Villas - Plan C V -4 - The Villas - Plan D V -5 - The Villas - Plan E B -1 - The Bungalows - Floor Plans / Elevations B -2 - The Bungalows - Floor Plans / Elevations B -3 - The Bungalows - Floor Plans B -4 - The Bungalows - Floor Plans B -5 - The Bungalows - Floor Plans B -6 - The Bungalows - Floor Plans B -7 - The Bungalows - Elevations EU -1 - Existing Uses Aerial map C -1 - Circulation Plan sa S t e a r n s ARCHITECTURE 500 Broadway Laguna Beach, CA 92651 949 376 7160 FAX 949 376 1560 Owner Golf Realty Fund One Upper Newport Plaza Newport Beach, CA 92660 NBCC Planned Community Newport Beach, CA 92660 Aerial Map Date Description May 19, 2011 A 0.1 �o 15th GREEN 16th TEE GREENSKEEPER 0 q CHIP W G GREE% E GOLF CLUB SUB -AREA ( PRACTICE \ GREEN 0 THE VILLAS SUB -AREA SNACK \ STAND 1�— PUTTING GREEN K I 9th GREEN LA - - -- -V I THE BUNGALOWS SUB -AREA LLL-1 HAND V177 CAR WASi L I F_ I- w v a w t- z OG l a 77 I m 7 2 E 0 d ! ti — --- - - - - -- --------------- - - - - -- C OAST H I G H W A Y pgCIFIC --- ----- --- - - - - - - - -- r / ! h 0 -41 �F N O� i / ! / y � � < / J • THE TENNIS CLUB - 1 new stadium court - Tennis Clubhouse • THE VILLAS - 5 single family homes • THE BUNGALOWS - 27 guest rental units •GOLF CLUBHOUSE M O North YY �T C sa S t e a r n s ARCHITECTURE 500 Broadway Laguna Beach, CA 92651 949 376 7160 FAX 949 3761560 Owner Golf Realty Fund One Upper Newport Plaza, Newport Beach, CA 92660 NBCC Planned Community Newport Beach, CA 92660 Master Site Plan scale 1 "= 60' -0" Description March 25, 2011 Project Number A0.2 b�11111119 �'N to p T-0" setback @ overhan95,-O,. llverlan'�, ding tback 7- 2, existing tract boundary (see tract map) / / �/ 9'x17' parking stall, typ (2'- 6" overhang) zero curb 0 loading area P . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . P P blo CD P p 01 5 North M4- S t e a r n s ARCHITECTURE 500 Broadway Laguna Beach, CA 92651 949 376 7160 FAX 949 3761560 Owner Golf Realty Fund One Upper Newport Plaza, Newport Beach, CA 92660 NBCC Planned Community 1600 E. Coast Hwy Newport Beach, CA 92660 Master Site Plan- BLOW UP #1 EAST scale 1" = 20'-0" Description July 15, 2010 Project Number A0.3 P I I Loading III ' 0 L.. - oI --- ------ —�- - -- - - . 22'min typ - i 22' 0" tyP. P \RKING LOT STALLS 0' 0 8r P P 26' -0 I 26',0^ 0 0 Ew o, 0 o P N L_ 0 0 M 0 0 J 26'-0„ 26'-0" 1 17' -0" 2 =c N 0 7\ 0 P 24' -3 P U, 0 En i i 14 -p,. 28' -6" 17' -0 ". 123' 11,_0„ 12' -0" 16' -6 8' 0" 28' -6' ° I I I CORPORATE PLAZA WEST 2 (EXISTING- OFFSITE) I I I IT North Cam•_ s t e a r n s ARCHITECTURE 500 Broadway Laguna Beach, CA 92651 949 376 7160 FAX 949 376 1 560 Owner Golf Realty Fund One Upper Newport Plaza, Newport Beach, CA 92660 NBCC Planned Community 1600 E. Coast Hwy Newport Beach, CA 92660 Master Site Plan- BLOW UP #2 ENTRY scale 1" = 20' -0" Description March 25, 2011 Project Number A0.4 0 e 0 0 0 P 0 0 N o, 0 o P N L_ 0 0 M 0 0 J 26'-0„ 26'-0" 1 17' -0" 2 =c N 0 7\ 0 P 24' -3 P U, 0 En i i 14 -p,. 28' -6" 17' -0 ". 123' 11,_0„ 12' -0" 16' -6 8' 0" 28' -6' ° I I I CORPORATE PLAZA WEST 2 (EXISTING- OFFSITE) I I I IT North Cam•_ s t e a r n s ARCHITECTURE 500 Broadway Laguna Beach, CA 92651 949 376 7160 FAX 949 376 1 560 Owner Golf Realty Fund One Upper Newport Plaza, Newport Beach, CA 92660 NBCC Planned Community 1600 E. Coast Hwy Newport Beach, CA 92660 Master Site Plan- BLOW UP #2 ENTRY scale 1" = 20' -0" Description March 25, 2011 Project Number A0.4 Cam•_ s t e a r n s ARCHITECTURE 500 Broadway Laguna Beach, CA 92651 949 376 7160 FAX 949 376 1 560 Owner Golf Realty Fund One Upper Newport Plaza, Newport Beach, CA 92660 NBCC Planned Community 1600 E. Coast Hwy Newport Beach, CA 92660 Master Site Plan - BLOW UP #3 WEST scale 1" = 20' -0" Description July 15, 2010 Project Number A0.5 BID D ►ZM. 49' - 0" TO TENNIS COURTS T T -10„ rFT,MH. i i,uo ai Y uaa enuuaeu d ea BASEMENT FLOOR PLAN 1/8" = V -0" planter sa S t e a r n s ARCHITECTURE 500 Broadway Laguna Beach, CA 92651 949 376 7160 FAX 949 3761560 Owner Golf Realty Fund One Upper Newport Plaza, Newport Beach, CA 92660 NBCC Planned Community Newport Beach, CA 92660 Tennis Clubhouse Floor Plan scale 1/8" =1' -0" Date Description July 15, 2010 TC=1 AL tA n r C m x r+ v v C CD n� n CD O 8 C Q 7 D 0 D n F n D cn m Z mn Z m m m Z Mol m 7v v �v MEL i c i �i z D � G) r- D rn � Q- Q rF rrt C O � m n C Q � CL O � =3 v ° ° �_ D rD °° � o L G r CD D rD � W rD aj CD D �'. �, n� � N ■ rD CD CD �C MOT 0 O i CD � fD � G X m ,tn-r Ln rF C) CO V� fD as z T N O = CD C �� m x r+ v v C CD n� n CD O 8 C Q 7 D 0 D n F n D cn m Z mn Z m m m Z Mol m 7v v �v MEL i c i �i z �o D rn � rF 179C_j� m �7�OZ moo Cm o� r CD D O N ■ W CD CD �C MOT � �rn o� m N rF C) CO V� o> � as z T O = CD C �� a' _ ■ _ O O � �o D rn � rF o� r D C rn � �rn o� m N Na «U 10 11 -up door South Elevation West Elevation crushed tile ballast over built -up roof roof drain & c i �Trra�Op� 1/2" per 12' 0 Roof Plan North Elevation i z s E E c s r 0 0 ,7, All /.... __........J..1..1 exist. tennis court fencing new gate Floor Plan East Elevation MATERIALS • painted concrete masonry units • painted metal roll -up doors r H' oyawal dark green painted- 8x8x16 cmu block with vertical score 1 side, typ 4 sides sa s t e a r n s ARCHITECTURE 500 Broadway Laguna Beach, CA 92651 949 376 7160 FAX 949 3761 %0 Owner Golf Realty Fund One Upper Newport Plaza, Newport Beach, CA 92660 NBCC Planned Community Newport Beach, CA 92660 Storage Shed scale 1/8" =1' -0" Date Description 04/19/10 TC=3 71 57'-v, I lev 12 0 F.P. N F — es_ 0 00 o , O _ DN 0 � \ O LED 1� 9TH WO -I- -E_ 0 0000 �\ 0 0 O Buffet 000 Case I— Elevation 0 r I Pick -Up O ��i 0 TV ROOM Bar O 0 4 0 N F UN RS � 1 N 1 RO I 1 1 1 I I I I I 1 1 I I L__ _ I 18'-11 112" REGATTA ROOM B Bar Storage Ice Planter Below 96'-3 112" 77' -3 112" OFFICES . V _� -yx-\ • 135 -8 83' -9" Elevation 108.0 I Ing I 1 - , I 1 1 UV1__1 0 1 � 0 1 � O 1 � 1 0 1 � 1 � 1 1� 1 � 00 LOUNGE Elevation < 122.0' Coats Reception Areov.1 DN I I 48 DN UPPER LEVEL FLOOR PLAN Upper Level = 16,900 sf Men J \ 1 1 1 1 1 1 1 Wait Station Dance Floor 1 1 1 ' 11 1 ' 1\ ' \I 1 1 1 1 1 DV111 G ROOM, n0 0 Dish Drop 1 Dishwashing Women 0 K ort. 0 Stand -up Table makeup 00 0 Prep a T 0 Women's Pick -up Prep Wait Station \X /1 1 Banquet Serv. o Coffee Bar X11 0 � Banquet Pick -up Banquet Water Ice O00" C Janitor n,n Receiving pow I/ T Lounge General Cc l Da i y Cooler Co er I 1 I 1 1 1, I I 1 1 11 1, II 1 1 T T - -- Stgrag� closets w/ migor Boors Planter Below 132' -6 51' -11 • 0 Service Yard Below 0 0 0 N evati T r C ° 12 .0' �U N w i I I ut -w1 0 �Ib Elevation 119.0' Mj_ s t e a r n s ARCHITECTURE 500 Broadway Laguna Beach, CA 92651 949 376 7160 FAX 949 376 1560 Owner Golf Realty Fund One Upper Newport Plaza Newport Beach, CA 92660 NBCC Planned Community Newport Beach, CA 92660 Golf Clubhouse Floor Plan scale 1/8 " =1' -0 " Date Description January 18, 2011 GC=1 1 1 I r 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 L � _ J r- 1 1 1 1 I I 1 1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I LOWER LEVEL FLOOR PLAN Lower Level = 18,100 sf Below Grade Storage Excluded: 6,000 sf sa S t e a r n s ARCHITECTURE 500 Broadway Laguna Beach, CA 92651 949 376 7160 FAX 949 3761560 Owner Golf Realty Fund One Upper Newport Plaza Newport Beach, CA 92660 NBCC Planned Community Newport Beach, CA 92660 Golf Clubhouse Floor Plan scale 1/8 " =1' -0 " Date Description January 18, 2011 GC -2 existing grade (dashed) @ C. VIEW FROM 18TH GREEN face of building roof slope midpoint +49' above existing nrnrlo /n ovictinrr hiiilrlinn nnrll peak +53.5' above existing qrade (@ existinq building pad) I . existing grade (dashed) @ face of building, typ D. VIEW FROM WEDDING LAWN sa s t e a r n s ARCHITECTURE 500 Broadway Laguna Beach, CA 92651 949 376 7160 FAX 949 3761560 Owner Golf Realty Fund One Upper Newport Plaza Newport Beach, CA 92660 NBCC Planned Community Newport Beach, CA 92660 Golf Clubhouse Elevations scale 1/8 " =14 " Date Description Dec 8, 2008 GC -4 a ROOF PLAN 7iff,7 6x6 016' O.C. 16'square opening w/ Iron grille FLOOR PLAN Gladding McKean indsor chimney pot S paneISO top row - -7 - - -- VIEW FROM AUTO COURT `Existing Grade (dashed) @ face of bldg. typ. Gladding McBean clay roof tile blend #8 w/ Berkeley pans and Cordova covers mortared ::... 7 to I. .. �11� IRON OEM VILVV I I\VIVI UULI LUUI \JL Ridge +22' -6" above existing grade - - - - - - - - - - - - 1' - - - - - - - - - - - - - - - - - - - - - - - - - Y - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -= J J smooth steel trowled exterior plaster GOLF COURSE Existing Grade (dashed) SIDE ELEVATION -------------------- AUTO COURT PLAN A house 2201 ± square feet + garage 564 ± square feet IlvJ.rdr.l•lvf AUTO COURT -- - - - - - - - - - - - - - - - - - - ---------------------------------------- louvered panel door GOLF COURSE Existing Grade (dashed) • smooth steel - troweled exterior plaster • La Playa Beach stone • Gladding, McBean clay roof tile blend 48 with Berkeley pans and Cordova covers SIDE ELEVATION CONCEPT ELEVATIONS in. i .s sa s t e a r n s ARCHITECTURE 500 Broadway Laguna Beach, CA 92651 949 376 7160 FAX 949 3761560 Owner Golf Realty Fund One Upper Newport Plaza Newport Beach, CA 92660 NBCC Planned Community Newport Beach, CA 92660 The Villas Plan A scale 1/8 " =14 " Date Description March 25, 2011 V -1 391-10 d w Cj w w M ^d w UPPER FLOOR PLAN .r r r r r ®� i'� ° 1�1■ I lai I�1�1� . ter r C I'll Cr '11 Rii�i LIVING ROOM ENTRY STUDY GARAGE T1 0 F - -_1 NOOK O KITCHEN I L 25' -3' MEDIA RM. DINING M cc o� io 15' -10' 2' -6' 7' -11' LOWER FLOOR PLAN 161- 1' 0 10'- 117/8' 1' -6' 5' -6' 1' -6' 191-31 31- co mZo Zo co N 0 12 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ J VIEW FROM GOLF COURSE Gladding McBean — Windsor chimney pot SIDE ELEVATION Ridge +23' -4" 6 Gladding McBean Windsor chimney pc smooth steel trowlei exterior plaster existing grade (dashed)O @ face of bldg. typ. ,Peak +31' -0 "' above existing grade 'lllll®IIII------ I�iI►�r' j ij I! 0 17 17-71 VIEW FROM AUTO COURT Gladding McBean clay roof tile blend #8w/ Berkeley pans and Cordova covers, mortared steel door and window system AUTO COURT �---- --- - - - . I I I l l-�l PLAN B 3193 ± square feet house + 617 ± square feet garage x • smooth steel - troweled exterior plaster • La Playa Beach stone • Gladding, McBean clay roof tile blend #8 with Berkeley pans and Cordova covers ROOF PLAN 6x6 @ 24"a.c. 8x8 @ center of columns Ln KEY PLAN O T OO steel window system Gladding McBean clay roof rile blend =8 wl Berkeley pans and Cordova covers, mortared glass panels a top row 00 O sa s t e a r n s ARCHITECTURE 500 Broadway Laguna Beach, CA 92651 949 376 7160 FAX 949 376 1560 Owner Golf Realty Fund One Upper Newport Plaza Newport Beach, CA 91660 NBCC Planned Community Newport Beach, CA 92660 The Villas Plan B scale 1/8 " =1' -0 " Date Description March 25, 20ll V -2 w II ^w II w M ^d w UPPER FLOOR PLAN .r r r r r ®� i'� ° 1�1■ I lai I�1�1� . ter r C I'll Cr '11 Rii�i LIVING ROOM ENTRY STUDY GARAGE T1 0 F - -_1 NOOK O KITCHEN I L 25' -3' MEDIA RM. DINING M cc o� io 15' -10' 2' -6' 7' -11' LOWER FLOOR PLAN 161- 1' 0 10'- 117/8' 1' -6' 5' -6' 1' -6' 191-31 31- co mZo Zo co N 0 12 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ J VIEW FROM GOLF COURSE Gladding McBean — Windsor chimney pot SIDE ELEVATION Ridge +23' -4" 6 Gladding McBean Windsor chimney pc smooth steel trowlei exterior plaster existing grade (dashed)O @ face of bldg. typ. ,Peak +31' -0 "' above existing grade 'lllll®IIII------ I�iI►�r' j ij I! 0 17 17-71 VIEW FROM AUTO COURT Gladding McBean clay roof tile blend #8w/ Berkeley pans and Cordova covers, mortared steel door and window system AUTO COURT �---- --- - - - . I I I l l-�l PLAN B 3193 ± square feet house + 617 ± square feet garage x • smooth steel - troweled exterior plaster • La Playa Beach stone • Gladding, McBean clay roof tile blend #8 with Berkeley pans and Cordova covers ROOF PLAN 6x6 @ 24"a.c. 8x8 @ center of columns Ln KEY PLAN O T OO steel window system Gladding McBean clay roof rile blend =8 wl Berkeley pans and Cordova covers, mortared glass panels a top row 00 O sa s t e a r n s ARCHITECTURE 500 Broadway Laguna Beach, CA 92651 949 376 7160 FAX 949 376 1560 Owner Golf Realty Fund One Upper Newport Plaza Newport Beach, CA 91660 NBCC Planned Community Newport Beach, CA 92660 The Villas Plan B scale 1/8 " =1' -0 " Date Description March 25, 20ll V -2 ROOF PLAN 42' - 01/2' i I E-N 7 FY F. .U. P.R. STORAGE KITCHEN L x. _� up' DINING �. jj o ffi I� UP ENTRY UNC STUDY Ea Ea'" ``" Ea'Ea o FAMILY ROOM 2nd floor above ' O LIVING ROOM - 9 23' - 1 I V-3' 4' - 4' 2' - 1'- 9' - 11' cl ENTRY rn r BATH � VIL l Y GUEST �. BEDROOM CD_- ,11• • G 15' -0' 1 6. -0' 11 -0' LOWER FLOOR PLAN BASEMENT PLAN 39'- 11 1/7 L 5'- 11' GARAGE 33'- 6' OUTDOORR\\,_ STOR.I CART KITCHEN GARAGE ry ir3 I 25'.1. UP Gladding McBean Windsor chiney pot Gladding McBean clay tile blend P8 w� Berkeley pens and Cordova coveres, mortared staelwindowwJ - wroght iron grille open railing Gadding McBean Windsor chiney pot smooth ste a 1 -trowe exterior plaster R -------------------------------------------- �Existing grade (d� @ VIEW FROM AUTO COURT face of bldg. typ. +35' -0" Above existing grade VIEW FROM GOLF COURSE GOLF COURSE 12 41 hardware plate window system only SIDE ELEVATION AUTO COURT no mullions r41 ,=,��4 ri M s# e a r n s ARCHITECTURE 500 Broadway Laguna Beach, CA 92651 949 376 7160 FAX 949 3761560 Owner Golf Realty Fund One Upper Newport Plaza Newport Beach, CA 92660 NBCC Gladding McBean c lay tile Planned ble Co dova co eyes, eypansand Community Cordova caveres, mortared Newport Beach, CA 92660 5' half round copper gutter, typ. 2'- 6'x2' -6' opening wl wrought iron gripe PLAN C main house 4283 ± square feet + guest house 390 ± square feet + basement 223 ± square feet MATERIALS • smooth steel - troweled exterior plaster • La Playa Beach stone • Gladding, McBean clay roof tile o T.w. +36' blend #8 with Berkeley pans and Cordova covers N Open rail SITTING ROOM 5 -6' I MASTER LINEN BA BATH CLOSET ' LIBRARY ow '— ---- -____- OPEN TO ; Arlwall BELOW MASTER GALLERY '' B BEDROOM - - BEDROOM P uJt in.arnnt, 0 _ _ TWOS\ -"IN CLOSET I L--1 1 ; -1 F_ OPENTOBELOW 18` -1' 5 Ir 2' -0'. 9'- II' f 21' -t' UPPER LEVEL FLOOR PLAN BEDROOMI II CLOS 3 5' - 8' _ 4'- 7'1' 10' 8` - I I 1' 10'4' - 6'T 6,-3a In � IN I I IN NN =analNN -I NN s The Villas Plan C scale 1/8 " =14 " Date Description March 25,20U V -3 ROOF PLAN ------------------------------------------------------------------------------- — -- - -- SIDE ELEVATION Existing grade (dashed) 12 12 Madding, McBean Vindsor chimney cz F.. - - -- _... , ---------------------------------------------------- ----- --------------- ----- -- ---- --- — Existing grade (dashed) SIDE ELEVATION LOWER FLOOR PLAN D 4696 ± square feet se 601 ± square feet 1087 ± square feet al- troweled exterior ach stone McBean clay roof tile 6th Berkeley pans ✓a covers " half round coppl utters CONCEPT ELEVATIONS M, Existing grade (dashed) VIEW FROM GOLF COURSE Peak +39' -0" Above existing grade -------------- - - - - -— VIEW FROM AUTO COURT exposed 48 rafter tails Gladding, McBean clay roof tile blend #8 with Berkeley pans and Cordova covers, mortared smooth steel - troweled exterior plaster Existing grade (dashed) @ face of bldg. typ. BASEMENT PLAN UPPER FLOOR PLAN sa is t e a r n s ARCHITECTURE 500 Broadway Laguna Beach, CA 92651 949 376 7160 FAX 949 3761560 Owner Golf Realty Fund One Uper Newport Plaza Newport Beach, CA 92660 NBCC Planned Community Newport Beach, CA 92660 The Villas Plan D - East scale 1/8 " =14 " Date Description July 15, 2010 V -4 94' -6'. 40'-2". 26' -10 ". 19'-7 4'-0". v m F7 ON Balcony OP v Fn m � I �! -- Glass shower enclosure t CD SITTING Buinindresse DNS, ROOM MASTER BATH CLOSET ' OPEN TO BELOW CLOSE BATH BEDROOM THREE Art wall Open rail_ -i GALLERY T.W. +36' MASTER n BEDROOM _ - BEDROOM LIBRARY MEDIA TWO BATH CLOSET Open rail UP buih -i daybed Open railing o - �_- O _ _ _ _ _ _ _ _ _ tjOPEIN catwalk TO BELOW rv, built -in shelving o M 9' -4 ". is 1'. 5' -7" 5' -0" 6' -0 ". 17'_5 ". 6' -0 ". 23'2" 4'0" BASEMENT PLAN UPPER FLOOR PLAN sa is t e a r n s ARCHITECTURE 500 Broadway Laguna Beach, CA 92651 949 376 7160 FAX 949 3761560 Owner Golf Realty Fund One Uper Newport Plaza Newport Beach, CA 92660 NBCC Planned Community Newport Beach, CA 92660 The Villas Plan D - East scale 1/8 " =14 " Date Description July 15, 2010 V -4 D;,4n, 17CI n" k,ve Gladding, McBean clay roof tile blend #8w/ Itialian pans and Cordova covers mortared ---------- - - - - -- -- - - - - -- Existing grade (dashed) IIIItue I10aIW /e &![801 Gladding McBean - Windsor chimney pot - - Existing grade (dashed) @ face of bldg. typ. -- - - - - - - - - - - - - - - - - - - ', - - - - - - - - - - - - - - - r- - - - - - - ste e I windows & doors log column REAR ELEVATION smooth steel trowled exterior plaster IV"GIGV ,!Olive VVVIJ \ Existing grade (dashed) SIDE ELEVATION CONCEPT ELEVATIONS FIRST FLOOR PLAN PLAN E main house 2835 ± square feet + garage 510 ± square feet exterior plaster �I7��l�Ve \1C�7►1 MATERIALS • smooth steel - troweled exterior plaster • La Playa Beach stone • Gladding, McBean clay roof tile blend #8 with Berkeley pans and Cordova covers SECOND FLOOR PLAN KEY PLAN ROOF PLAN sa S t e a r n s ARCHITECTURE 500 Broadway Laguna Beach, CA 92651 949 376 7160 FAX 949 3761560 Owner Golf Realty Fund One Upper Newport Plaza Newport Beach, CA 92660 NBCC Planned Community Newport Beach, CA 92660 The Villas Plan E scale 1/8 " =11 -0 " Date Description March 25, 2011 V -5 • 20' -7" 19' -9" 11' -6" 14' -6" 2' -3" 0 0 I L9 a� 0 0 °' DINING co LIVING ROOM O io N MASTER BEDROOM Z ° � LO BEDROOM 3 TWO 0 - - Penn ---------- - - - - -" 2 IKITCHEN MASTER ENTRY P.R. L L CLOSET O - N A CL SE BATH O co EI O MASTER O 00 o BATH O U LEE _ COURTYARD d I STUDY — N a:) storaaa � L7 C Wall ❑ mounwd fDlmt " - ip GARAGE 0 zooa se "��e Panei N LO r -11" 1 -2 141 -411 14' -8" 22' -9" 8' -6" 2' -3" 68' -711 FIRST FLOOR PLAN PLAN E main house 2835 ± square feet + garage 510 ± square feet exterior plaster �I7��l�Ve \1C�7►1 MATERIALS • smooth steel - troweled exterior plaster • La Playa Beach stone • Gladding, McBean clay roof tile blend #8 with Berkeley pans and Cordova covers SECOND FLOOR PLAN KEY PLAN ROOF PLAN sa S t e a r n s ARCHITECTURE 500 Broadway Laguna Beach, CA 92651 949 376 7160 FAX 949 3761560 Owner Golf Realty Fund One Upper Newport Plaza Newport Beach, CA 92660 NBCC Planned Community Newport Beach, CA 92660 The Villas Plan E scale 1/8 " =11 -0 " Date Description March 25, 2011 V -5 fountain I I 21' -10" II II I II II I I I I I I I � WH equip L7Q I FAQ 1 $ steps elec. z ° 1a portable lectern ard, 2 mech. 3 ° 9 5° > data +12° 10° +6" me is roo = I — [ �64- patio 12 6° 8 kitchen 0 entry \\ foyer I I I II ❑ ❑ -- — - -- I /women men's l III librlary III concierge I 'll 000 1 \L I I CONCIERGE & GUEST C 2170 gross square feet (shown shaded) Quantity: 1 T-0" 13'-0" T-0" 13' 6' 57' -6" 0 5 10 15 FT GUEST CENTER FRONT ELEVATION Ridge 18' -611 above FF GUEST CENTER RIGHT SIDE ELEVATION GUEST CENTER REAR ELEVATION GUEST CENTER LEFT SIDE ELEVATION KEY PLAN U 0 i� ih 0 — n T� sa S t e a r n s ARCHITECTURE 500 Broadway Laguna Beach, CA 92651 949 376 7160 FAX 949 3761560 Owner Golf Realty Fund One Upper Newport Plaza Newport Beach, CA 92660 NBCC Planned Community Newport Beach, CA 92660 The Bungalows Floor Plans & Elevations scale 1/8 " =1' -0 " Date Description July 15, 2010 B=1 Ridge 15' -0" above FF RANCHO VALENCIA 1 FRONT ELEVATION Ridge 15' -0" above FF e FF Y above FF RANCHO VALENCIA 1 RIGHT SIDE ELEVATION RANCHO VALENCIA 1 REAR ELEVATION RANCHO VALENCIA 1 LEFT SIDE ELEVATION m z 1) „ hi win hi win RANCHO VALENCIA FLOOR PLAN (RV1) 1035 gross square feet (shown shaded) Quantity: 6 hi win hi win hi win hi win RANCHO VALENCIA 2 FLOOR PLAN (RV2) 1545 gross square feet (shown shaded) Quantity: 3 sa S t e a r n s ARCHITECTURE 500 Broadway Laguna Beach, CA 92651 949 376 7160 FAX 949 376 1560 Owner Golf Realty Fund One Upper Newport Plaza Newport Beach, CA 92660 NBCC Planned Community Newport Beach, CA 92660 The Bungalows Floor Plans & Elevations scale 1/8 "44 " Date Description July 15, 2010 B=2 21',1 18' 6" 9'-2 2' -10" 1 1 17' -0" 1 4' -8" PALMERO FLOOR PLAN (P) 775 gross square feet (shown shaded) Quantity: 2 I I 48' -0" hi win hi win UPPER LEVEL I I 48'-0" LA JOLLA FLOOR PLANS (LJ) 2485 gross square feet (shown shaded) Quantity: 1 LOWER LEVEL 0 sa s t e a r n s ARCHITECTURE 500 Broadway Laguna Beach, CA 92651 949 376 7160 FAX 949 376 1560 Owner Golf Realty Fund One Upper Newport Plaza Newport Beach, CA 92660 NBCC Planned Community Newport Beach, CA 92660 The Bungalows Floor Plans scale 1/8 " =1' -0 " Date Description July 15, 2010 B=3 o t d " 0 j dressing bath O 0 0 0 bedroom Z' 9" tV IT living 0 0 Jacuzzi n 2' -10" 1 1 17' -0" 1 4' -8" PALMERO FLOOR PLAN (P) 775 gross square feet (shown shaded) Quantity: 2 I I 48' -0" hi win hi win UPPER LEVEL I I 48'-0" LA JOLLA FLOOR PLANS (LJ) 2485 gross square feet (shown shaded) Quantity: 1 LOWER LEVEL 0 sa s t e a r n s ARCHITECTURE 500 Broadway Laguna Beach, CA 92651 949 376 7160 FAX 949 376 1560 Owner Golf Realty Fund One Upper Newport Plaza Newport Beach, CA 92660 NBCC Planned Community Newport Beach, CA 92660 The Bungalows Floor Plans scale 1/8 " =1' -0 " Date Description July 15, 2010 B=3 Cp OJAI FLOOR PLAN (0) 855 gross square feet (shown shaded) Quantity: 1 I 0 51'-0" ° hi win hi win hi win M UPPER LEVEL UNIT MONARCH FLOOR PLAN (M) 1070 gross square feet (shown shaded) Quantity: 2 ° m I 0 51'-0" 35' -0" dressing u bedroom .i. 01closet ;I �� �� 0 ° hi win T t 4 f L UP � 0 16'-0" hi win hi win O O 0 bath dressing ° bedroom 0 0 LA QUINTA FLOOR PLAN (2 units shown) (LQ) 570 gross square feet (shown shaded) Quantity: 6 KEY PLA 0 kx i i \\ v `2v sa S t e a r n s ARCHITECTURE 500 Broadway Laguna Beach, CA 92651 949 376 7160 FAX 949 3761560 Owner Golf Realty Fund One Upper Newport Plaza Newport Beach, CA 92660 NBCC Planned Community Newport Beach, CA 92660 The Bungalows Floor Plans scale 1/8 " =1' -0 " Date Description July 15, 2010 B=4 0 M on I LOWER LEVEL BALBOA FLOOR PLANS (B) 2109 gross square feet (shown shaded) Quantity: 1 0 high 0 windows IT Zr W hh, -4, PALMA FLOOR PLAN (PA) 805 gross square feet (shown shaded) Quantity: 1 ALISAL FLOOR PLAN (A) 830 gross square feet (shown shaded) Quantity: 1 sa S t e a r n s ARCHITECTURE 500 Broadway Laguna Beach, CA 92651 949 376 7160 FAX 949 376 1560 Owner Golf Realty Fund One Upper Newport Plaza Newport Beach, CA 92660 NBCC Planned Community Newport Beach, CA 92660 The Bungalows Floor Plans scale 1/8 " =V -0 " Date Description July 15, 2010 B=5 N I to UPPER LEVEL UNIT SOL Y MAR FLOOR PLAN (SM) 1080 gross square feet (shown shaded) Quantity: 1 I 44'-0" DEL MAR FLOOR PLAN (DM) 1035 gross square feet (shown shaded) Quantity: 2 KEY PLA 0 t�14� *1 Y/ h � T r r TT1 sa S t e a r n s ARCHITECTURE 500 Broadway Laguna Beach, CA 92651 949 376 7160 FAX 949 376 1560 Owner Goff Realty Fund One Upper Newport Plaza Newport Beach, CA 92660 NBCC Planned Community Newport Beach, CA 92660 The Bungalows Floor Plans scale 1/8 " =V -0 " Date Description July 15, 2010 B=6 i n iii i n /n rv�n ire\ PALMERO RANCHO VALENCIA 2 (see view C for heights) A. VIEW FROM COUNTRY CLUB DRIVE This ridge +18' -3" above existing grad (Highest P ridge +21' -0" above EG) B. VIEW FROM TENNIS COURTS k i MAMA BUNGALOW ELEVATIONS MATERIALS • smooth steel troweled exterior plaster • La Playa Beach stone • Gladding, McKean clay roof tile blend #8 with Berkeley pans and Cordova covers • Torrance steel window system @ face of Palmero sa S t e a r n s ARCHITECTURE 500 Broadway Laguna Beach, CA 92651 949 376 7160 FAX 949 3761560 Owner Golf Realty Fund One Upper Newport Plaza Newport Beach, CA 92660 NBCC Planned Community Newport Beach, CA 92660 The Bungalows Elevations scale 1/8 " =1' -0 " Date Description July 15, 2010 Project Number B=7 0 33VUU313N1AUI r a"* 1� I n , r � Z C m t I' r .al+1 F ` ! i 0 CN m rri z cn rn �� m zM s z a 70 e z IN .-. - a r C O 2 O C II C/1 W m �a o n Tn M I+ y CA O O C r Z cin r ] r i 3hlu(l 3snoH8n13 O T No J rn O Ff lbk�- m = n09 J�i C) ",W cl)cn --i z >> i zm ° ;Izz O Z ZV r Vr T r O T T A o, min T n - _ m C/1 - z 4 X 0 T T F m y 00 a z D H r w Co Z7 00 a z �c D H w Co Z7 rn � rF CO.) °° O dl O� r am � C rri rnD � �rn O $ • d yl =CD C: CD w 4C iY ■ CD CIA = CD CD C C (,�� lo•' �/ K 0 ? c � C2- O' a o ..� N4 �E y O O 03 �c D H w Co Z7 rn � rF dl O� r C rnD � �rn $ m yl Tennis Club Sub -Area parking ❑ - 38 stalls w r— w z b -Area parking Is lent area i I I s +/- i I I s +/- Area parking ills j in common between A The Bungalows & i- Areas. J C S t e a r n s ARCHITECTURE 500 Broadway Laguna Beach, CA 92651 949 376 7160 FAX 949 376 1560 Owner Golf Realty Fund One Upper Newport Plaza, Newport Beach, CA 92660 NBCC Planned Community Newport Beach, CA 92660 Parking & Circulation Plan scale 1 " =60' -0" March 25, 2011 Description Project Number C -1 0 1 oa M� �o IAR, I o00 I N N O m 0 0 0 0 0 - a F OqO BIG CANY COUNTRY CL UB c'oy�Gs,� op PROJECT peN LOCATION BA4- p p E /�/\ NrNS U 44 :!�sr VICINITY MAP LEGEND - - TRACT BOUNDARY - - OWNERSHIP BOUNDARY EXISTING CONTOUR ELEV. 107 PROPOSED STREET FINISH SURFACE FS EX. 24 "SD EXISTING STORM DRAIN PR. SD PROPOSED STORM DRAIN — EX -SS- EXISTING SANITARY SEWER (8 ") —PR SS- PROPOSED SANITARY SEWER (8 ") EX DW- EXISTING DOMESTIC WATER (8 ") —PR DW— PROPOSED DOMESTIC WATER (8 ") O LOT NUMBER (BUILDABLE LOT) O LOT NUMBER (STREET OR LANDSCAPE) EASEMENT NOTE 2% STREET GRADIENT FF= 106.50 PROPOSED LOT FINISHED FLOOR ELEVATION PAD =106.0 PROPOSED LOT PAD ELEVATION PROPOSED ASPHALT CONCRETE At PROPOSED FIRE HYDRANT F0 PROPOSED CATCH BASIN STREET CENTERLINE EASEMENT NOTES AN EASEMENT TO PACIFIC TELEPHONE AND TELEGRAPH CO. FOR UNDERGROUND LINES AND INCIDENTAL PURPOSES, RECORDED IN BOOK 13160, PAGE 1625 O.R. AN EASEMENT TO SOUTHERN CALIFORNIA EDISON COMPANY FOR UNDERGROUND LINES AND INCIDENTAL PURPOSES, RECORDED IN BOOK 12900, PAGE 1788 O.R. AN EASEMENT TO SOUTHERN CALIFORNIA EDISON COMPANY FOR UNDERGROUND LINES AND INCIDENTAL PURPOSES RECORDED AS INSTRUMENT No. 89- 217462 O.R. AN EASEMENT TO THE CITY OF NEWPORT BEACH FOR WATERLINES PURPOSES, RECORDED AS INSTRUMENT No. 98- 712653 O.R. AN EASEMENT AS DEFINED IN A DECLARATION OF EASEMENTS" FOR UTILITY PURPOSES, RECORDED AS INSTRUMENT No. 93- 0158177 O.R. AN EASEMENT AS DEFINED IN A'DECLARATION OF EASEMENTS' FOR INGRESS AND EGRESS PURPOSES, RECORDED AS INSTRUMENT No. 93- 0158177 O.R. A NONEXCLUSIVE EASEMENT FOR INGRESS, EGRESS, DRIVEWAY, PARKING, LANDSCAPING AND MISCELLANEOUS PURPOSES, RECORDED AS INSTRUMENT No. 94- 0184986 O.R. H� AN EASEMENT FOR INGRESS AND EGRESS FOR EMERGENCY AND PUBLIC SERVICE VEHICLES TO THE CITY OF NEWPORT BEACH DEDICATED PER PARCEL MAP No. 94 -102, P.M.B. 316/3 -6. I� AN EASEMENT FOR PRIVATE DRIVEWAY PURPOSES. J� AN EASEMENT FOR PARKING, ACCESS & LANDSCAPING AND MISCELLANEOUS PURPOSES, RECORDED AS INSTRUMENT No. 2000 - 0451537 O.R. DATED AUGUST 29, 2000 K� PROPOSED EASEMENT FOR PUBLIC EMERGENCY AND SECURITY INGRESS /EGRESS, WEEKLY REFUSE SERVICE, AND PUBLIC UTILITY PURPOSES OVER PRIVATE STREETS SHALL BE DEDICATED TO THE CITY. LOTTING SUMMARY LOT AREA f USE 1 5,295 S.F. SINGLE FAMILY (THE VILLAS) m 5,857 S.F. I 3 9,238 S.F. FASHIO T 16,981 S.F. SINGLE FAMILY (THE VILLAS) ISLAND 8,686 S.F. SINGLE FAMILY (THE VILLAS) 48,764 S.F. GUEST RENTAL UNITS (THE BUNGALOWS) 7 55,623 S.F. GUEST RENTAL UNITS (THE BUNGALOWS) DR /VE 6,116 S.F. COMMON AREA LANDSCAPE B 971 S.F. COMMON AREA LANDSCAPE C 1,003 S.F. BALBOA ISLAND D 21,350 S.F. c'oy�Gs,� op PROJECT peN LOCATION BA4- p p E /�/\ NrNS U 44 :!�sr VICINITY MAP LEGEND - - TRACT BOUNDARY - - OWNERSHIP BOUNDARY EXISTING CONTOUR ELEV. 107 PROPOSED STREET FINISH SURFACE FS EX. 24 "SD EXISTING STORM DRAIN PR. SD PROPOSED STORM DRAIN — EX -SS- EXISTING SANITARY SEWER (8 ") —PR SS- PROPOSED SANITARY SEWER (8 ") EX DW- EXISTING DOMESTIC WATER (8 ") —PR DW— PROPOSED DOMESTIC WATER (8 ") O LOT NUMBER (BUILDABLE LOT) O LOT NUMBER (STREET OR LANDSCAPE) EASEMENT NOTE 2% STREET GRADIENT FF= 106.50 PROPOSED LOT FINISHED FLOOR ELEVATION PAD =106.0 PROPOSED LOT PAD ELEVATION PROPOSED ASPHALT CONCRETE At PROPOSED FIRE HYDRANT F0 PROPOSED CATCH BASIN STREET CENTERLINE EASEMENT NOTES AN EASEMENT TO PACIFIC TELEPHONE AND TELEGRAPH CO. FOR UNDERGROUND LINES AND INCIDENTAL PURPOSES, RECORDED IN BOOK 13160, PAGE 1625 O.R. AN EASEMENT TO SOUTHERN CALIFORNIA EDISON COMPANY FOR UNDERGROUND LINES AND INCIDENTAL PURPOSES, RECORDED IN BOOK 12900, PAGE 1788 O.R. AN EASEMENT TO SOUTHERN CALIFORNIA EDISON COMPANY FOR UNDERGROUND LINES AND INCIDENTAL PURPOSES RECORDED AS INSTRUMENT No. 89- 217462 O.R. AN EASEMENT TO THE CITY OF NEWPORT BEACH FOR WATERLINES PURPOSES, RECORDED AS INSTRUMENT No. 98- 712653 O.R. AN EASEMENT AS DEFINED IN A DECLARATION OF EASEMENTS" FOR UTILITY PURPOSES, RECORDED AS INSTRUMENT No. 93- 0158177 O.R. AN EASEMENT AS DEFINED IN A'DECLARATION OF EASEMENTS' FOR INGRESS AND EGRESS PURPOSES, RECORDED AS INSTRUMENT No. 93- 0158177 O.R. A NONEXCLUSIVE EASEMENT FOR INGRESS, EGRESS, DRIVEWAY, PARKING, LANDSCAPING AND MISCELLANEOUS PURPOSES, RECORDED AS INSTRUMENT No. 94- 0184986 O.R. H� AN EASEMENT FOR INGRESS AND EGRESS FOR EMERGENCY AND PUBLIC SERVICE VEHICLES TO THE CITY OF NEWPORT BEACH DEDICATED PER PARCEL MAP No. 94 -102, P.M.B. 316/3 -6. I� AN EASEMENT FOR PRIVATE DRIVEWAY PURPOSES. J� AN EASEMENT FOR PARKING, ACCESS & LANDSCAPING AND MISCELLANEOUS PURPOSES, RECORDED AS INSTRUMENT No. 2000 - 0451537 O.R. DATED AUGUST 29, 2000 K� PROPOSED EASEMENT FOR PUBLIC EMERGENCY AND SECURITY INGRESS /EGRESS, WEEKLY REFUSE SERVICE, AND PUBLIC UTILITY PURPOSES OVER PRIVATE STREETS SHALL BE DEDICATED TO THE CITY. LOTTING SUMMARY LOT AREA f USE 1 5,295 S.F. SINGLE FAMILY (THE VILLAS) 2 5,857 S.F. SINGLE FAMILY (THE VILLAS) 3 9,238 S.F. SINGLE FAMILY (THE VILLAS) 4 16,981 S.F. SINGLE FAMILY (THE VILLAS) 5 8,686 S.F. SINGLE FAMILY (THE VILLAS) 6 48,764 S.F. GUEST RENTAL UNITS (THE BUNGALOWS) 7 55,623 S.F. GUEST RENTAL UNITS (THE BUNGALOWS) A 6,116 S.F. COMMON AREA LANDSCAPE B 971 S.F. COMMON AREA LANDSCAPE C 1,003 S.F. COMMON AREA LANDSCAPE D 21,350 S.F. PRIVATE DRIVE TOTAL 4.12 ACRES t UNIT SUMMARY LOTS 1 -5 5 SINGLE FAMILY 'VILLAS' LOT 6 13 'GOLF' BUNGALOWS LOT 7 14 'TENNIS' BUNGALOWS DATE REVISIONS *1IC + O d 2 1�n'+ I 0 1. \ 40 20 40 8( GRAPHIC SCALE 1 inch =40 ft. s \ I \X 1 ° ®� o STATEMENT OF OWNERSHIP. GOLF REALTY FUND, DOES HEREBY DEPOSE AND STATE THAT IT IS THE MANAGING OWNER OF THE PROPERTY COMPRISING OF THIS VESTING TENTATIVE MAP AND THAT IT HAS CONSENTED TO THE SUBMISSION OF SAID MAP. GOLF REALTY FUND ONE UPPER NEWPORT PLAZA NEWPORT BEACH, CALIFORNIA 92660 TELEPHONE (949) 251 -2025 BY. ROBERT 0 HILL, GENERAL PARTNER DATED THIS __________ DAY OF OCTOBER, 2007 ENGINEER L. Streeter ADAMS o STREETER CIVIL ENGINEERS, INC. 15 Corporate Park, Irvine, CA 92606 ROFESS/ 949eeter @adams- streete49o4 4 -0251 �F�� Sj��'l FA . 1 /31/2 Date: 01/13/2010 EXP. 12/31/2011 25083 Exp. 12/3 1/2011 DATE PREPARED: ORIGINAL PREPARED DTAE: OCTOBER 30, 2007 UPDATED: DEC 27, 2008 (3rd CITY SUBMITTAL) UPDATED: NOV 18, 2009: DEC 17, 2010: JAN 13, 2010 ASSESSOR'S PARCEL No.: 442 - 011 -35, 62, 63 LEGAL DESCRIPTION: PARCEL B OF LOTLINE ADJUSTMENT N0. LA 2008 -002 PARCEL 2, AS SHOWN ON PARCEL MAP 94 -102, IN THE CITY OF NEWPORT BEACH, ORANGE COUNTY, STATE OF CALIFORNIA AND ACREAGE: TOTAL ACREAGE ......................................... 4.12 ACRES f ZONING & GENERAL PLAN LAND USES: EXISTING ZONING ..................... PLANNED COMMUNITY EXISTING GENERAL PLAN ......... MIXED USE HORIZONTAL 3 1PARKS AND RECREATION. PLANNING AREA ........................PA 2008 -044 No. OF PROPOSED LOTS: 5 NUMBERED LOTS - SINGLE FAMILY RESIDENTIAL 2 NUMBERED LOTS - BUNGALOWS 3 LETTERED LOTS - OPEN SPACE /LANDSCAPE PURPOSES 1 LETTERED LOT - PRIVATE STREET PURPOSES UTILITIES: ALL TO BE UNDERGROUND ELECTRIC : SOUTHERN CALIFORNIA EDISON 390 EAST 17TH STREET COSTA MESA, CALIFORNIA 92627 GAS : SOUTHERN CALIFORNIA GAS COMPANY 3835 WEST FIRST STREET SANTA ANA, CALIFORNIA WATER & : CITY OF NEWPORT BEACH SEWER 3300 NEWPORT BOULEVARD NEWPORT BEACH, CALIFORNIA 92659 TELEPHONE : PACIFIC BELL TELEPHONE 2170 TOWNE CENTRE PLACE ANAHEIM, CALIFORNIA 92806 TELEVISION : DIMENSION CABLE SERVICES IRVINE, CA (714) 720 -2020 �? I_ I a 11 I i L-i L-I u I, L I,- , I i „` r / 1 e \ 1 rr �o / \ GENERAL NOTES. ;III I gill �� � ❑ o / e \ i 3 „ I / r r 1. FLOOD HAZARD STATEMENT: NO FLOOD HAZARD EXISTS DUE TO GRADING , A ®r-mm-1 B �I I \ o\ \ it / �? �� -� AND STORM DRAIN IMPROVEMENTS. T G CI -1 III r% /: / o� J �� /J J 2. ON -SITE SURFACE DRAINAGE WILL BE COLLECTED IN APPROVED DRAINAGE + PR. SEWER I I I W I ` I c 1 s +� / ? STRUCTURES & CONVEYED OFF -SITE TO AN EXISTING STORM DRAIN. ASPH. I z I EXISTING WAIJ(WAY PER ICDC I \ \ // / r °�� r I Cio AXISTlCURB CORPORATE PLAZA WEST II 3 j jjj 4 , PROTECT IN PLACE I ii O O Iii 1 \�� _ / S, r �° // u J J + 3. ON -SITE DRAINAGE, SANITARY SEWER, WATER, AND ELECTRICAL SYSTEMS �. PROTECT IN PLACE I I ( EXIST. CURB 11\ r r u + 2 20' 1 o r // 1 m SHALL BE PRIVATELY OWNED, OPERATED, AND MAINTAINED. I PROTECT IN PLACE EXISTING OFFICE BUILDING _ (I CORPORATE PLAZA WEST II 4. ON -SITE FIRE HYDRANTS ARE REQUIRED TO BE OPERATIONAL PRIOR TO v i w ( �`' j I i� \ x �\ Ex s ©o / / l �. r \\ �°+ ��� �g+ COMBUSTIBLE CONSTRUCTION. x IXIST. 24 RCP S.D. SUBJECT TO UPSIZING i / ( = CpgO,- - - _ _ _ � �� PR. SEWER 9 ° i I I �� OTHERS) 1y, \ r - s \ EX s / 5 5. STREET IMPROVEMENTS SHALL BE PER THE CITY OF NEWPORT BEACH + �J01�7 IX. SEWER MANHOLE I I \ !I - - "� - - - - - - r ! I I r o IXISf1NG WALKW 9 STANDARDS. � -° -- j� + \\ - -- — + 6 ATE AND TO BE =' - NI 18 "RCP \ I - --I- --------- - - - - -- ___ _ -- - - - -� - - - - -� - -- - IX. STORM DRAIN ' I - __ = I = = = = =_ =art = = = =1 - �� _ _ _ _ _ _ _ k - - - -- _------------- - - - - -- - -- -- �— PROTECT IN PLACE ° - -- MAINTAINED BY THE HOMEOWNER'S ASSOCIATION. - - -- _ �EIS�SIDNN,4�c ':' -_ — 7. ALL LETTERED LOTS SHOWN THE HOMEOWNER'S ASSOCIATION. ON WILL BE OWNED AND MAINTAINED BY �� - -_— — — L— — - -1 - - -- -- J— G/NJJ.. -NV - - - -- - - -- - - - - -- - - - - - -- - _ — ® - _ - _ - -- — - - - - -_- EX /ST 21' wER MAIN s X3 — 5 X3+ - 8. ALL UTILITIES TO BE UNDERGROUND. - �— — — — o I—— 2_ _ — — III 60 MO - MB " — 91yv ;T ^' ! '., 1 AL' ° � - 5 ilia X25 1 O - - - - - - - - - - - - - - - - - - - --------------- ------ oT GNY P - H ° ° Cq + N• �� II 5 — — 5 5 — s s s J s s EXIST SEWE S S -� — s s s — 5 �'1 1 — — — — — ' — — — — — — T — — — — — — — EARTH QUANTITIES NOTE: s1— s s s s s s s -� + C)�+ + RAW CUT: 11,500 cu yds f ASPH. ---- - - - - -_ ------------ - - - - -- ----- - - - - -- -------- - - - - -- RAW FILL: 12,900 cu yds f �/ 1 1 1 �/ NET IMPORT. 1,400 cu yds f Vestl"ng Tract Map 15347 IN THE CITY OF NEWPORT BEACH COUNTY OF ORANGE, STATE OF CALIFORNIA SHEET 1 OF 2 Attachment No. PC 11 Latham & Watkins Letter dated July 22, 2011 650 Town Center Dn" 20th Floor Costa Mesa, CalRomia 92626 -1925 Tel: +1.714.540.1275 Fax +1.714.755.8290 www.lw,com L A T H A M& W AT K I N S LLP FIRM / AFFILIATE OFFICES Abu Dhabi Moscow Barcelona Munich Beijing New Jersey Boston New York Brussels Orange County July 22, 2011 Chicago Paris Doha Riyadh Dubai Rome Frankfurt San Diego Hamburg San Francisco Hong Kong Shanghai Houston Silicon Valley Kimberly Brandt, Director London Singapore Community Development Department Los Angeles Tokyo City of Newport Beach Madrid Washington, D.C. Milan 3300 Newport Boulevard Newport Beach, CA 92658 Re: Proposed Transfer of Development Rights from Newport Beach Marriott Hotel (Anomaly 43) to Newport Beach Country Club (Anomaly 46); Project File No. PA2005 -140 Dear Ms. Brandt: We represent HHR Newport Beach LLC ( "Host "), which owns the Newport Beach Marriott Hotel at 900 Newport Center Drive. The hotel is designated as Anomaly 43 in the City of Newport Beach's ( "City ") General Plan. We write to oppose Golf Realty Fund's proposal to transfer development rights' for 27 hotel units from Anomaly 43 to the Newport Beach Country Club (Anomaly 46) without Host's consent and without paying compensation to Host. Golf Realty Fund's proposed transfer of development rights, if approved by the City, would violate the California and United States Constitutions and the City's Zoning Code, General Plan, and charter. It would also expose the City to paying compensation to Host for taking its property. We urge the City to deny the transfer, to find Golf Realty Fund's application incomplete, and to cease processing the application or require an amended application. This letter's analysis applies whether Golf Realty Fund's proposed transfer is referred to as a transfer of development rights, which is the terminology the new Municipal Code uses, or as a transfer of development intensity, which is the terminology the old Municipal Code uses. Both phrases refer to the same concept: entitlement that would otherwise be available to Host to develop is proposed to be transferred to the Newport Beach Country Club and Golf Realty Fund. SDW97835.1 Page 2 LATHAMeWATKINS- t. EXECUTIVE SUMMARY2 • The Zoning Code requires Legal Assurances from Host —a written agreement recorded against Host's property—for a valid transfer. Host has not given such Legal Assurances and Golf Realty Fund has not asked for them, so the transfer cannot be approved. • Any such transfer would require a General Plan amendment and zone change for both Anomaly 43 and Anomaly 46. Because Golf Realty Fund has not sought these approvals, the City cannot approve the transfer. • A General Plan amendment and zone change require Host's consent and signature on the application for same. Since Golf Realty Fund has not obtained Host's consent or signature, its application is defective in that regard too. • Unless Host consents, which it has not, the proposed transfer would constitute an unconstitutional taking of Host's property, requiring compensation from the City. • The Zoning Code specifies findings that the City must make, but cannot make here, to approve a transfer of development rights. Therefore, the transfer must be denied. lI. THE CITY MUST FOLLOW ITS OWN MUNICIPAL CODE, WHICH REQUIRES HOST'S CONSENT FOR THE TRANSFER The proposed transfer of development rights would violate the City's Zoning Code. The City's Zoning Code allows a transfer of development rights if certain enumerated conditions are met.3 Among those conditions is that the owner of the transferor site must enter into a legally binding agreement that is recorded against its property: Legal Assurances. A covenant or other suitable, legally binding agreement shall be recorded against the decreased site assuring that all of the above requirements will be met by the current and future property owners. 2 We submit these comments without waiving the right to submit further comments, including comments we may submit to the City Council in its de novo review of the project. City of Newport Beach Municipal Code, § 20.95.060(C) (adopted November 1998). 3 City of Newport Beach Municipal Code, § 20.63.080 (adopted November 1998). The City has asserted that the old Municipal Code applies to Golf Realty Fund's proposed project, so we have primarily analyzed the project under the old Municipal Code. Note, however, that the current version of the Municipal Code contains similar provisions regarding the transfer of development rights, and the analysis herein would apply under either version of the Municipal Code. City of Newport Beach Municipal Code, Chapt. 20.46 (adopted Oct. 26, 2010). 2 SD1797835.1 Page 3 LATHAMeWATKINSLLP A legally binding agreement cannot be recorded against Host's property without its consent. Host does not consent to the transfer, and the project cannot meet this element of the Zoning Code. A. Legal Assurances are mandatory. Courts do not hesitate to strike down unreasonable interpretations a local government places on its Zoning Code and General Plan.° The City must interpret its Zoning Code and General Plan consistent with their plain language.5 The application appears premised on the mistaken assumption that the Legal Assurances provisions are a non - mandatory element. Any such assumption is unreasonable and inconsistent with the Zoning Code's plain language. The Zoning Code uses the word "shall" in describing the obligation for Legal Assurances. "Shall" is mandatory language and describes a duty.6 Legal Assurances are a mandatory condition to an effective transfer of development rights. Golf Realty Fund's proposed transfer cannot be approved without Host's Legal Assurances. The Legal Assurances are plainly for the benefit of the City and the transferee. The Legal Assurances impose a duty on the transferor site —that current and future property owners meet the requirements of the transfer, and relinquish any claim to apply to the City to develop under the transferred entitlement. The Zoning Code explicitly says why the Legal Assurances are necessary: to assure "that all of the above requirements will be met by the current and future property owners.s7 They are not an optional mechanism designed to keep the transferor from being assessed fees that it would otherwise have to pay; clearly, with or without such a recorded covenant, the City would be without authority to assess fees on the donor site for entitlement it transfers elsewhere. 4 See, e.g., California Native Plant Society v. City of Rancho Cordova (2009) 172 Cal.AppAth 603, 642 (explaining that a city's unreasonable interpretation of a word in its general plan will lead a court to give no deference to the city's interpretation: "Because we conclude the City's interpretation of the word `coordination' in this context is unreasonable, deference to the City's interpretation of its General Plan in this instance is unwarranted. "). 5 See, e.g., People v. Birkett (1999) 21 CalAth 226, 231 (courts must "follow the statute's plain meaning, if such appears, unless doing so would lead to absurd results the Legislature could not have intended. "). 6 Black's Law Dict. (9th ed. 2009) p.1499, col. 2 ( "has a duty to; more broadly, is required to "); In re Marriage ofFossum (2011) 192 Cal.AppAth 336, 348 ( " " "It is a well established rule of statutory construction that the word "shall" connotes mandatory action and "may" connotes discretionary action.' [Citation.] ,,,"). 7 City of Newport Beach Municipal Code, § 20.63.080 (adopted November 1998). SD \797635.1 Page 4 LATHAM &WATKINSLLP Those requirements to be memorialized in the covenant include elements that plainly burden the transferor site. For example, the code requires the transferor site to reduce its allowable development intensity:8 The maximum gross floor area permitted on a decreased site shall be reduced by [the] amount of the transfer of development intensity ... There is no benefit to Host in agreeing to Legal Assurances that would implement this requirement reducing its development potential. Legal Assurances are a mandatory requirement for a transfer of development rights —not an optional provision for the benefit of the transferor. B. The General Plan does not supplant the Zoning Code's requirements on transfer of development rights. The application appears premised on the mistaken assumption the General Plan supplants the Zoning Code's provisions on transfer of development rights. But both the General Plan and the Zoning Code apply to Golf Realty Fund's proposed transfer of development rights; it can be approved only if it meets the requirements of both. The Zoning Code explicitly states that "[n]o buildin or structure shall be erected ... other than as permitted by and in conformance with this code" . A general plan provides a general framework for a city's land use policy —it has been described as the constitution for land use decisions' 10 Zon4 is more detailed and implements the public policy and objectives contained in a general plan.' Local legislative enactments such as the General Plan and zoning must be harmonized where they can be —even where they appear to conflict. 12 Here, it is straightforward to do so. The General Plan addresses the transfer of development rights in Newport Center at a very general level: 13 LU 6.14.3 Transfers of Development Rights 8 City of Newport Beach Municipal Code, § 20.63.080(C) (adopted November 1998). 9 City of Newport Beach Municipal Code, § 20.00.0025 (adopted November 1998). 10 De Vita v. County of Napa (1995) 9 Cal.4th 763, 772, 773. 11 Collier v. City and County of San Francisco (2007) 151 Cal.AppAth 1326, 1346 (zoning implements the General Plan). 12 Conway v. City o f Im P erial Beach ( 1997 ) 52 Cal.A PP4th 78 84 ( "In this case involving an apparent conflict between two statutes, the principle of paramount importance is that of harmonious construction, by which we must attempt to give effect to both statutes if possible No Oil v. City of L.A. (1987) 196 Cal.App.3d 223, 244.. 13 City of Newport Beach, General Plan Land Use Element (2006), at p. 3 -96. SD1797835.1 Page a LATHAM &WATKINSLIP Development rights may be transferred within Newport Center, subject to the approval of the City with the finding that the transfer is consistent with the intent of the General Plan and that the transfer will not result in any adverse traffic impacts. It does not specify how an application is made, how the City determines whether the transfer is consistent with the General Plan, how the transfer is documented, or any number of other important issues. It does not preclude the City from addressing these issues and others in the Zoning Code. The Zoning Code addresses precisely these issues. The Zoning Code and the General Plan do not conflict regarding transfer of development rights. Rather, the General Plan establishes the general policy and the Zoning Code implements that policy. Both apply to Golf Realty Fund's proposed transfer. 111. ANY TRANSFER WOULD REQUIRE A GENERAL PLAN AMENDMENT AND ZONE CHANGE, NEITHER OF WHICH IS PART OF THIS DEVELOPMENT APPLICATION, RENDERING IT UNAPPROVABLE Golf Realty Fund's project requires a zone change and a General Plan amendment, both for its own property and for the Newport Beach Marriott site. The Newport Beach Marriott is located in Anomaly 43 of the L 1 statistical area of the City's General Plan. Table LU -2 of the General Plan Land Use Element designates a development right of 611 hotel rooms for Anomaly 43. To transfer the development rights for the 27 hotel units Golf Realty Fund proposes to develop, the General Plan would need to be amended to reduce the development intensity in Anomaly 43 by 27 hotel units and increase the development intensity in Anomaly 46 by the same amount. (We would oppose any such General Plan amendment, and are making this point solely for purposes of documenting the defects in the application.) Similarly, the zoning map, which is part of the Zoning Code, shows Anomaly 43 as zoned to develop 611 hotel units. For the proposed transfer to become effective, the Zoning Code would need to be amended to reduce the development rights for Anomaly 43 by 27 units and to increase the development rights for Anomaly 46 by the same amount. (We would oppose any such Zoning Code amendment, and make this point solely to illustrate the application's defects.) Without this zone change and General Plan amendment, Host will retain the rights to develop 611 hotel units under the Zoning Code and General Plan and Golf Realty Fund will lack the rights to develop its proposed 27 hotel units under the Zoning Code and General Plan. Without a zone change and General Plan amendment, Golf Realty Fund's proposed transfer also will not meet the requirements of the Zoning Code's provision for transfer of 5 SD1797835.1 Page 6 LATHAM &WATKINS«P development rights, which requires the "maximum gross floor area permitted on the decreased site shall be reduced by amount of the transfer of development intensity". 14 Because Golf Realty Fund has not proposed the zone change or General Plan amendment necessary to effectuate its proposed transfer of development rights, its project cannot be approved. IV. APPLICATION LACKS THE REQUISITE SIGNATURE AND CONSENT FROM HOST Golf Realty Fund's application cannot be processed because it lacks Host's signature. The prior version of the Zoning Code that the transfer is being processed under specifically requires development applications to include the signature of the owner, lessee, or agent of property that will be "affected" by the proposed development: 15 Required Signatures. The owner, lessee, or agent of the owner of the property affected may apply for discretionary approvals. The application shall be signed by the owner of record or may be signed by the lessee or by an authorized agent if written authorization from the owner of record is filed concurrently with the application. Host's property clearly is affected by the proposed transfer of development rights. Indeed, as described above, the transfer would require a zone change and General Plan amendment for Host's property at Anomaly 43. Because Golf Realty Fund's application lacks Host's signature, it is defective and cannot be approved. V. ANY TRANSFER WOULD CONSTITUTE A TAKING OF HOST'S PROPERTY Granting Golf Realty Fund's proposed transfer of development rights without Host's consent would constitute a taking of Host's property, requiring the payment of compensation to Host. The very purpose of transferable - development- rights programs is to allow property owners to sell their valuable development rights to other land owners.16 By violating its own Zoning Code and General Plan and transferring Host's valuable development rights to Golf Realty Fund, the City would, among other things, be interfering with Host's investment- backed expectations and would be taking Host's property and violating its due process rights.17 14 City of Newport Beach Municipal Code, § 20.63.080(C) (adopted November 1998). 15 City of Newport Beach Municipal Code, § 20.90.030(C) (adopted November 1998). Host's signature would also be required if the transfer were being processed under the current Zoning Code, which contains a similar requirement. City of Newport Beach Municipal Code, § 20.50.040(C) (adopted Oct. 26, 2010). 16 Penn Cent. Transp. Co. v. New York City (1978) 438 U.S. 104, 137. 17 Id. at p. 124; Kavanau v. Santa Monica Rent Control Bd. (1997) 16 CalAth 761, 775. SD \797835.1 Page 7 LATHAM &WATKINS«o One of the most fundamental and long- standing principles of takings law is that private property cannot be taken by the government for purely private use: "it has long been accepted that the sovereign may not take the property of A for the sole purpose of transferring it to another private party B."18 Among the factors a court must consider to determine whether government action constitutes a regulatory taking are "`the nature of the State's interest in the regulation' and, particularly, whether the regulation is `reasonably necessary to the effectuation of a substantial public purpose "' and "whether the government is acquiring `resources to permit or facilitate uniquely public functions. "i19 Here, there is no public purpose for Golf Realty Fund's proposed transfer. But even if there were a public purpose for the transfer (which there is not), it would violate Host's investment- backed expectations and constitute a taking. The City of Newport Beach in its charter restricts the taking of private property via the exercise of eminent domain. The charter specifically prohibits the City from exercising "the power of eminent domain to acquire any property from the owner of the property, without the owner's consent, for the sole pur�3ose of transferring the property to another person to further private economic development." 0 The City clearly intended this provision to prohibit the type of grab for private development rights that Golf Realty Fund proposes here. Approving Golf Realty Fund's proposed transfer of development rights without Host's consent would violate the California and United States Constitutions and the City's own charter, and would require the payment of compensation to Host. The City cannot refuse to follow its Zoning Code because of some vague concern that doing so would tie its hands in future General Plan proceedings, and set up the City for some future, hypothetical takings claim. Rather, the City must follow its own Zoning Code, which requires the consent of the owner of the transferor property. Host is not asserting that the City can never amend its General Plan or Zoning Code without the consent of the affected property owner. 21 Our point is simply that the City cannot take Host's development rights and give them to another private land owner in violation of its own General Plan and Zoning Code —that constitutes a compensable taking. 18 Kelo v. City of New London (2005) 545 U.S. 469, 477. See also, City and County of San Francisco v. Ross (1955) 44 Cal.2d 52, 59 ( "The Constitution does not contemplate that the exercise of the power of eminent domain shall secure to private activities the means to carry on a private business whose primary objective and purpose is private gain and not public need."). 19 Herzberg v. County ofPlumas (2005) 133 Cal.App.4th 1, 15, citing Kavanau v. Santa Monica Rent Control Bd. (1997) 16 CalAth 761, 775 -76. 20 City of Newport Beach Charter, section 424. 21 For example, the City amended its General Plan in 2006 after an involved public process and a vote of the Newport Beach electorate without obtaining the consent of every affected property owner. Notably, the General Plan that was approved by the voters in 2006 also acknowledged Anomaly 43 specifically on the Host site. SD \797835.1 Page 8 LATHAM &WATKI NS«o VI. THE TRANSFER REQUIRES FINDINGS THE CITY CANNOT MAKE Section 20.63.080(1) of the previous Zoning Code requires that certain findings shall be made. The City cannot make these findings because the record is without substantial evidence on these points. Indeed, the mitigated negative declaration for the project does not even acknowledge the requirement to make these findings. 22 For example, the Zoning Code requires the City to make the following findings: • The transfer of development intensity will result in a more efficient use of land or an increase in public visual open space. The transfer of development intensity will result in a net benefit to the aesthetics of the area. But Golf Realty Fund's proposed project does not result in a more efficient use of land, increase open space, or benefit the aesthetics of the area. It replaces existing tennis courts with hotel rooms. In addition to the findings the City must make, Zoning Code section 20.63.080 allows a transfer of development rights only when transfer sites are not in excess of 1,000 feet from each other (the sites are over 1,300 feet apart) or are located in the same planned community district (they are not), or where "a transfer of development intensity between specific sites is expressly provided under the General Plan. 23 The General Plan does not specifically provide for the transfer between these two sites. The transfer does not meet any of these requirements, and must be denied on that basis too. Please do not hesitate to contact me at (714) 755 -8168 to discuss these comments. Ver truly yours, Paul N. Singarella of LATHAM & WATKINS LLP cc: Leone Mulvihill, Esq. 22 Section 20.46.050 of the current Municipal Code requires similar findings that the City could not make for the transfer. 23 City of Newport Beach Municipal Code, § 20.63.080(G) (adopted November 1998). SD \797835.1