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HomeMy WebLinkAbout2012-11 - MND for Newport Beach Country ClubRESOLUTION NO. 2012 -11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING MITIGATED NEGATIVE DECLARATION NO. ND2010 -010 FOR THE NEWPORT BEACH COUNTRY CLUB PROPERTY LOCATED AT 1600 EAST COAST HIGHWAY (PA2008 -152) THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by The Newport Beach Country Club, Inc., with respect to property located at 1600 East Coast Highway, and legally described as Parcels 1 and 3 of Parcel Map No. 79 -704 and a Portion of Back Bay Drive as Shown on Parcel Map No. 79 -704, requesting an approval to redevelop the existing golf clubhouse of the Newport Beach Country Club. The following approvals are requested or required in order to implement the project as proposed: a. A General Plan Amendment to increase the allowable development limit in Anomaly No. 74 in Statistical Area L1 (Newport Center /Fashion Island) of the General Plan Land Use Element by 21,000 gross square feet, from 35,000 to 56,000 gross square feet. b. A Planned Community Development Plan adoption to provide development standards and design guidelines for the golf course and its ancillary uses, pursuant to Chapter 20.35 of the Municipal Code. C. A Site Development Review to allow the construction of 54,819 square -foot golf clubhouse with the associate parking lot and maintenance facility, pursuant to the Section 4.3 of the Newport Beach Country Planned Community Development Plan. d. A Limited Term Permit (Temporary Structure and Uses) for the temporary use /structure during the clubhouse reconstruction, pursuant to Section 20.60.015 of the Municipal Code. e. A Development Agreement pursuant to Section 15.45.020.A.2.c of the Municipal Code which requires a development agreement as the project includes amendments to the General Plan and Zoning Code and construction of new non - residential development in Statistical Area L1 (Newport Center /Fashion Island). 2. The Planning Commission held public hearings on August 4, 2011, October 20, 2011, and November 17, 2011. At the November 17th hearing with a vote of 3 -2, the Planning Commission adopted Resolution No. 1862, recommending the City Council to: a. Adopt Mitigated Negative Declaration No. ND2010 -010 and the Mitigation Monitoring and Reporting Program; b. Approve General Plan Amendment No. GP2008 -005, Development Agreement No. DA2010 -005, and Limited Term Permit No. XP2011 -005 as proposed by the applicant; C. Adopt an amendment to Planned Community Development Plan No. PC2005 -002 (staffs alternative Planned Community Development Plan) reflecting the increase in intensity for the larger golf clubhouse of 56,000 gross square feet; and d. Approve Site Development Review No. SD2011 -003 as proposed by the applicant. 3. The City Council public hearing was held on January 24, 2012, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the City Council at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. An Initial Study and Mitigated Negative Declaration have been prepared in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3. 2. The draft Mitigated Negative Declaration was circulated for a 30 -day comment period beginning on October 7, 2010, and ending on November 8, 2010. The minor changes to the site plan proposed by the applicant subsequent to the circulation of the Mitigated Negative Declaration do not constitute "substantial revisions" that would warrant recirculation of the MND pursuant to CEQA Guidelines Section 15073.5. The contents of the environmental document and comments on the document were considered by the City Council in its review of the proposed project. 3. On the basis of the entire environmental review record, the proposed project, with mitigation measures, will have a less than significant impact upon the environment and there are no known substantial adverse affects on human beings that would be caused. Additionally, there are no long -term environmental goals that would be compromised by the project, nor cumulative impacts anticipated in connection with the project. The mitigation measures identified and incorporated in the Mitigation Monitoring and Reporting Program are feasible and will reduce the potential environmental impacts to a less than significant level. 4. The City Council finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, Tmplt: 03/08/11 and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger. SECTION 3. DECISION. NOW, THEREFORE, BE IT RESOLVED: The City Council of the City of Newport Beach does hereby find, on the basis of the whole record, that there is no substantial evidence that the project will have a significant effect on the environment and that the Mitigated Negative Declaration reflects the City Council independent judgment and analysis. The City Council hereby adopts Mitigated Negative Declaration, including the Mitigation Monitoring and Reporting Program attached as Exhibit "A ". The document and all material, which constitute the record upon which this decision was based, are on file with the Community Development Department, City Hall, 3300 Newport Boulevard, Newport Beach, California. This resolution shall take effect immediately upon adoption. This approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. This resolution was approved, passed and adopted at a regular meeting of the City Council of the City of Newport Beach, held on the 24th day of January, 2012, by the following vote, to wit: ATTES Leilani Brown, City Clerk Tmplt 03108/11 EXHIBIT MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING ORTING lip ROGR L5.M Tmplt: 03/08/11 ?tiwP°er CITY OF NEWPORT BEACH 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658 -8915 (949) 644 -3200 CJo ce of htei)t to Adopt a Negadve Dec aI,:7tIofl To: From: Office of Planning and Research City of Newport Beach Planning Department D 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 G7 Public Services Division Date: 10/412010 Santa Ana, CA 92702 Public Review Period: 30 days (October 7, 2010 to November 8, 2010) Project Name: Newport.Beach Country Club Planned. Community.(PA 2008 -152) .. Project Location: 1600 —1602 East Coast Highway, Newport Beach, CA 92660 Demolition of the existing golf course clubhouse and the construction of a new golf Project Description: clubhouse (51,213 square feet) and ancillary facilities (i.e., cart barn and bag storage). 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 ❑X 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 1 rungQnewportbeachca.gov October 5, 2010 Updated 01 -12 -10 C: \Documents and Settings\My Files\KKC-0125.NB COUNTRY CLUB.IBC \Circulated IS- MND \NOI.City of NB.doc NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2008 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 1 CITY OF NEWPORT BEACH ENVIRONMENTAL CHECKLIST FORM 1. Project Title: Newport Beach Country Club Planned Community (PA2008 -152) 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 Ling, Planning Department (949) 644 -3208 4. Project Location: 1600 East Coast Highway Newport Beach, CA 92660 5. Project Sponsor's Name and Address: Perry Dickey (949) 644 -9550 Newport Beach Country Club 1600 East Coast Highway Newport Beach, CA 92660 6. General Plan Designation: PR (Parks and Recreation) Coastal Land Use Designation: OS (Open Space) Zoning: Planned Community 8. Introduction: The subject property is currently occupied by the Newport Beach Country Club (NBCC), which is located within a Planned Community (PC) District that was adopted in 1997 by Ordinance No. 97 -10. The Planned Community (PC) designation encompasses Newport Beach Country Club facilities, which total approximately 132 acres. The General Plan Land Use Element designates the Country Club as Park and Recreation (PR), with a development limit of 35,000 square feet. The PC district is intended to provide for the classification and development of parcels of land as coordinated, cohesive, comprehensive large -scale planning projects as set forth in Chapter 20.35.010 of the Newport Beach Zoning Code. A PC District Text was not adopted when the PC Distinct zoning designation was applied to the property in 1997. The applicant, who holds a long -term lease over the property, is proposing a PC District text to implement the proposed project. The subject lease expires on December 31, 2067. 9. Project Description: Project Location The subject property encompasses approximately 132 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. Existing Improvements The subject property currently supports the Newport Beach County Club, which encompasses a private golf club. The existing golf course consists of a 6,587 -yard, championship 18 -hole golf course with returning nines and related practice and golf club facilities. Existing golf accessory buildings on the site include a golf cart storage barn (6,050 square feet), a greenskeeper (maintenance) building (2,010 square feet), men's and women's restroom facilities (630 square feet), a snack bar (180 square feet), and a 140 - square foot starter shack. In addition, a clubhouse encompasses 23,460 square NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2008 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 2 feet that include a pro shop, locker rooms, offices, fine dining, a banquet facility, and employee facilities. The golf course parking lot is located directly off East Coast Highway and encompasses 420 surface parking spaces, The Existing Site Plan (refer to Exhibit 1) illustrates the relationship of the clubhouse and the ancillary structures that are proposed to be replaced. Project Description The applicant is proposing several improvements to the existing development, including the demolition and reconstruction of the existing golf course clubhouse at the Newport Beach Country Club in the area identified on Exhibit 2. In addition to the same core facilities that currently exist in the clubhouse (e.g., pro shop, locker rooms, offices, etc.), the new clubhouse will also include a fitness center for use by members. The proposed site plan is illustrated in Exhibit 3. The proposed project will necessitate the approval of a General Plan Amendment and adoption of a PC Development Plan and District Text that establishes land uses, development standards, and related procedures for the 132 -acre Planned Community. Table 1 provides a development summary. Table 1 Project Development Summary Newport Beach Country Club Existing Pro ect Proposed Project Clubhouse Component - Floor Areas . ft. Component Floor Area (s q: ft. 1� Floor Clubhouse 20,702 15 Floor Clubhouse 30,693 2 nd Floor Clubhouse 2,758 2" Floor 20;520 Total 23,460 Total 51,213 Cart Barn 6,050 Cart Barn 5,704 Bag Storage 3,606 Maintenance 2,010 Maintenance 8,565 Snack Bar 180 Snack Bar 180 Restroom Facilities 630 Restroom Facilities 630 Starter Shack 140 Starter Shack 140 Total 32,470 Total 70,038 Building Heights Component Hei ht ft. Com onent Height ft. Clubhouse 23' -9" Clubhouse 49' -6" Cart Barn 12' -0" Maintenance 16' -0" Maintenance 21'0" 'Exempt from General Plan Development Limits — Ancillary to Golf Course. 20f this total, 54,819 square feet count toward development limit per the General Plan. The cart barn, maintenance building, snack bar, restroom facilities, and starter shack are exempt from the General Plan development limit calculation. SOURCE: Lee & Sakahara Architects, AIA Am lo lixl -'Or NIA I All IQN- x ej I > . INI ---- 14 os X 5_ 1 711 H o _Z4 0 75. LLJ 'IS g w r N. \ � b a a a1 A M �o MO_ LL UJ- cn :. W 0e w z g w r N. \ � b a a a1 A All, Irv-, -SN A a z hT If =z= Ova Od a R OIL I m- All, Irv-, -SN A a z hT If =z= w+3 rt Ova m ` ne F- w+3 rt NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2008 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 6 The project has three main components, including: (1) the clubhouse; (2) a parking lot; and (3) a maintenance facility. Each of these components is described below. Clubhouse The proposed project would replace the existing 23,460 square foot clubhouse with an approximately 51,213 square foot clubhouse. The new clubhouse will have the same core amenities as the existing clubhouse, including pro shop, locker rooms, offices, fine dining, a banquet facility and employee facilities. A new fitness center will be added to the clubhouse for use by members. With the exception of the fitness center, expansions of existing amenities without consequent intensification of use account for the increase in square footage. A cart storage facility has been incorporated into the new clubhouse design as a tuck -under cart barn. Access to the new clubhouse will be provided at three separate locations. The first access is located at the eastern side of the building and includes a circular driveway and a porte cochere that would provide access to the reception area and members' lobby. The second entry point is provided on the southern side of the building in the middle of the clubhouse. The entry point would be for golfers only, providing access to the locker rooms, showers, and restroom facilities. The third entry point is locate don the southwestern side of the building and would provide access to the banquet facilities. The proposed clubhouse will be two stories and approximately 49'6" in height, measured from the existing /natural grade. The new clubhouse facility would be located on an elevated pad to enhance views of the Pacific Ocean and of the golf course. Additionally, the new clubhouse will be situated approximately 100 feet closer to East Coast Highway than the current clubhouse. The variation of rooflines provides articulation and visual interest. All roof top appurtenances, including HVAC equipment, will be screened from public view as required by the Municipal Code requirements. Building materials will include natural stack stone, plaster, wood trellises, and glass, along with a copper, slate, or standing seam metal roof. Parking Lot The project also includes the reconstruction of the existing parking lot to provide approximately 348 parking spaces, including 45 spaces at the entry level, 224 spaces in the lower lot, 74 spaces in the upper lot and 5 spaces in the service yard. The upper lot will be used for regular member parking, with valet parking during special events. An entry driveway provides access into the parking lot from Irvine Terrace. The entry driveway will be provided with a guardhouse, which will . be in operation during special events held at the Newport Beach Country Club. All daily traffic will use this entry. An existing access easement for the adjacent Armstrong Garden Center enters into the site from Irvine Terrace and extends along the southern edge of the lower parking lot parallel to East Coast Highway and terminates at the eastern boundary of Armstrong's. The easement is between private parties and does not involve the project applicant. The entry to the access road will be moved approximately 85 feet to the north of where it currently intersects Irvine Terrace to improve the operation of the traffic signal at Irvine Terrace and East Coast Highway. This access road will maintain access across the site for the Armstrong Garden Center and will also provide access for regular deliveries, excluding 18 -wheel tractor - trailers, to the Country Club. It will also be available as a secondary access to the parking lot during special events. Maintenance Facility The existing 2,010 square foot maintenance building located west of the clubhouse will be demolished and replaced with a new freestanding golf course maintenance facility. The maintenance building is considered an ancillary use to the golf course, and is not counted towards the square footage development limit. The building would be enclosed with an eight - foot high masonry wall with plaster finish, and would include a repair shop, offices, and an employee lounge. Storage for equipment, parts, and tools would be provided inside the building. The facility would include a maintenance yard, adjacent to the building, and a freestanding chemical storage area. The existing aboveground fuel tanks will be relocated to a fuel island within the fenced maintenance area, approximately 50 feet from the proposed maintenance building (refer to Exhibit 2). Golf Course The 18 -hole golf course is established in the Newport Beach Country Club Planned Community; no changes to the golf course are currently proposed. Men's and women's restroom facilities of approximately 630 square feet, a 140 - square foot starter shack, and a 180 - square foot snack bar will also be provided for the golfers, along the northern side of the maintenance building. These facilities are not counted against the General Plan development limit. NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2008 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 7 Temporary Facilities Temporary facilities will be utilized to maintain operation of the Newport Beach Country club during reconstruction. The temporary facilities will include lockers, a snack 'bar, pro shop, and a cart barn. The temporary facilities are shown on Exhibit 4 (Temporary Facility Site Plan). Discretionary Approvals Implementation of the proposed project will require approval of the following discretionary approvals by the City of Newport Beach: • General Plan Amendment Planned Community Text Adoption Temporary Use Permit Development Agreement Approval -in- Concept for Coastal Development 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 former Balboa Bay Tennis Club property is located immediately adjacent to the clubhouse area on the east. A development proposal for this property has been submitted to the City.agd Is currently undergoing development review. The applicant of that project is proposing the replacement of the existing 3,725 square foot tennis clubhouse with a new 3,725 square foot tennis clubhouse and a 7,490 square foot spa. In addition, 17 of the 24 existing tennis courts will be eliminated. The project also proposes the construction of 27 hotel units (i.e., golf and tennis "bungalows ") with a 2,170 square foot guest center and five semi - custom single - family residential dwelling units. The Marriott Hotel is located further east of the golf course fairways. 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 PC-47 course, clubhouse and ancillary facilities Newport Beach Chamber of Commerce, Jamboree Road, NORTH I 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 and East Coast Hi hwa Marriott Hotel, office EAST CO -G, RM, CV, CO -R, RIM CPR PC -40, RD, APF, PC -54 development, tennis club, and MU_ residential develo ment Residential development and WEST OS, PF, CV, and RM PC -21, PC -41 Jamboree Road 11. Other public agencies whose approval is required: California Coastal Commission (CDP) California Regional Water Quality Control Board (Section 401 Permit) cr M < Z IL J Lij ui C LLJ ol F j to cr M < Z IL J Lij ui C LLJ ol F t �% �' �-.4 l j�' J l }i ` � (`i i� ,�� "�"W y � tr 4 �\ � -y 3�'�" T_q RS -® NEWPORT BEAOFf COUNTRY CLUB PLANNED COMMUNITY (PA2008 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 10 GENERAL k 42 41 40 o� MLI-M3 37 Q R. y C6 0 3 �.1 FAR = f�c 3` - 6 � n �*. �PI0.3 FAR �. syrFR` MUHad.R � "a�� I8D C_ M.,0.5 FAR s s - �. u' I �; w c :.. r- 34 q $, fa mac, to —K- 00 -R Mld- W2R�a�c'`� 75 NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA,2008 -152) INITIAL SiUDY.AND MITIGATED NEGATIVE DECLARATION Page 11 ol Y x RSC P� 21\ ' V,';'ZL PC -47 � 9 9L PC-39� PC -30 4 A� Y M PC -23 .... [=w- 40PC� -17p�y ", : \ NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2008-152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 12 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 DETERMINATION ❑ Hazards & Hazardous Materials ❑ Land Use & Planning ❑ Hydrology & Water Quality ❑ Mineral Resources ❑ Noise ❑ Population & Housing 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. H 1 find that the proposed.project MAY have a significant effect on the environment, and ENVIRONMENTAL IMPACT REPORT is required. ❑ 1 find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact' or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ 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, q nothing further is required. ❑ Submitt d by: Rosalinh Ung, Ass4cI5WPIanner Date Planning Department /o•5•to Prepared by: Keeton K. Kreitzer, Consultant Date Keeton Kreitzer Consulting NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2008 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 13 CITY OF NEWPORT BEACH ENVIRONMENTAL CHECKLIST Potentially Less -Irian Less than No Significant Significant Significant Impact Impact With Mitigation Impact Incorporated I. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? ❑ ❑ IZ ❑ b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within ❑ ❑ ❑✓ ❑ a state scenic highway? C) Substantially degrade the existing visual character or quality of ❑ ❑ Q ❑ the site and its surroundings? d) Create anew source of substantial light or glare which would ❑ ❑ 0 ❑ 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 ❑ ❑ ❑ 21 Program of the California Resources Agency, to non - agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson ❑ ❑ ❑ Act contract? C) Conflict with existing zoning for agricultural use, or cause the rezoning of, forestland (as defined in Public Resources Code Section 12220(g)), timberland (as defined by Public Resources ❑ ❑ ❑ 10 Code Section 4526), or timberland zoned Timberland Production (as defined by Government Code Section 51104(g))? d) Result in the loss of forestland or conversion of forestland to ❑ ❑ ❑ Q non - forest use)? e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, ❑ ❑ ❑ 2 to non - agricultural use or conversion of forestland to non - forest use? III. AIR QUALITY. Would the project: a) Conflict with or obstruct implementation of the applicable air ❑ ❑ Q ❑ quality plan? NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2008 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 14 IV. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species, in local or regional plans, policies, or regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? C) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? ❑ ❑ ❑ 0 ❑ ❑ ❑ 0 ❑ ❑ ❑ ❑ ❑ Potentially Less Than Less than No ❑ 0 Significant Significant Significant Impact Impact With Mitigation Impact Incorporated b) Violate any air quality standard or contribute to an existing or ❑ ❑ 23 ❑ projected air quality violation? G) 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 ❑ ❑ 0 ❑ (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant ❑ ❑ 0 ❑ concentrations? e) Create objectionable odors affecting a substantial number of ❑ ❑ ❑ 0 people? IV. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species, in local or regional plans, policies, or regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? C) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? ❑ ❑ ❑ 0 ❑ ❑ ❑ 0 ❑ ❑ ❑ ❑ ❑ ❑ 0 ❑ ❑ ❑ 0 ❑ ❑ ❑ 0 V. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of a 13 El El 0 historical resource as defined in §15064.5? NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2008 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 15 VIII. HAZARDS AND HAZARDOUS MATERIALS. Would the project: Potentially Less Than Less than No Significant. Significant Significant Impact Impact With Mitigation Impact Incorporated b) Cause a substantial adverse change in the significance of an ❑ Q ❑ ❑ archaeological resource pursuant to §15064.5? 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 ❑ ❑ ❑ Q 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? ❑ -- ❑ Q - ❑ iii) Seismic - related ground failure, including liquefaction? ❑ ❑ Q ❑ iv) Landslides? ❑ ❑ ❑ Q b) Result in substantial soil erosion or the loss of topsoil? ❑ Q ❑ ❑ 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 ❑ ❑ ❑ Q 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 ❑ ❑ Q ❑ the purpose of reducing the emissions of greenhouse gases? VIII. HAZARDS AND HAZARDOUS MATERIALS. Would the project: NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2008 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 16 uy Significant Significant Significant Impact Impact With Mitigation Impact Incorporated 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 ❑ ❑ Q ❑ involving the release of hazardous materials into the environment? G) 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 ❑ ❑ ❑ Q Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project within an airport land use plan or, where such a plan has not been adopted, within two miles of a.public airport ... ❑ _ ❑ Q ❑ 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 ❑ ❑ ❑ Q the project area? g) Impair implementation of or physically interfere with an adopted ❑ ❑ Q ❑ emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are ❑ ❑ ❑ Q 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 ❑ ❑ Q ❑. 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 ❑ ❑ ❑ Q nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? C) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream ❑ Q ❑ or river, in a manner which would result in substantial erosion or NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2008 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 17 Significant Significant Impact With Mitigation Incorporated d) Substantially alter the existing drainage pattern of the site or Impact area, including through the alteration of a course of a stream or ❑ Q river, or substantially increase the rate or amount of surface Q ❑ runoff in a manner which would result in flooding on or off -site? Q e) Create or contribute runoff water which would exceed the ❑ - -Q capacity of existing or planned stormwater drainage systems or ❑ Q provide substantial additional sources of polluted runoff? Q f) Otherwise substantially degrade water quality? ❑ g) Place housing within a 100 -year flood hazard area as mapped Q ❑ 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 El 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? IT) Result in the potential for discharge of stormwater to affect the El 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? 0 El El El El El El Significant Impact Impact Q ❑ Q ❑ Q ❑ ❑ Q ❑ Q ❑ - -Q Q ❑ Q ❑ Q ❑ Q ❑ Q ❑ Q ❑ NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2008 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 18 Potentially Less Than Significant Significant Impact With Mitigation 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, ❑ ❑ or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? C) Conflict with any applicable habitat conservation plan or natural ❑ ❑ community conservation plan? XI. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally - important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? 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 ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive ground borne vibration or ground borne noise levels? C) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Lessthan No Significant Impact Impact ❑ Q ❑ ❑ Q ❑ ❑ ❑ Q ❑ ❑ ❑ Q ❑ ❑ ❑ ❑ ❑ ❑ ❑ Q ❑ ❑ 0 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 ❑ indirectly (for example, through extension of roads or other infraefn ich irp1? 0 El Q ❑ Q ❑ Q ❑ ❑ ❑ Q ❑ 0 LE D N NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2008 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 19 Potentially Less Than Less than NO Significant Significant Significant Impact Impact With Mitigation Impact Incorporated b) Displace substantial numbers of existing housing, necessitating ❑ ❑ ❑ Q the construction of replacement housing elsewhere? G) Displace substantial numbers of people, necessitating the El ❑ ❑ 21 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? Cl ❑ 21 ❑ Police protections ..__ ❑ . _ ❑ Q El Schools? ❑ ❑ Q ❑ Other public facilities? ❑ ❑ Q 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? 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. TRANSPORTATIONITRAFFIC 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, ❑ Q ❑ ❑ 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? NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2008 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 20 Potentially Less Than Less than No Significant Significant Significant Impact Impact With Mitigation Impact Incorporated b) Conflict with an applicable congestion management program, including, but not limited to level of service standard and travel demand measures, or other standards established by the ❑ ❑ ❑ Q county congestion management agency for designated roads or highways? G) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in ❑ ❑ ❑ Q substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses ❑ Q ❑ ❑ (e.g., farm equipment)? e) Result in inadequate emergency access? ❑ ❑ Q ❑ f) Conflict with adopted policies, plans, or programs supporting ❑ ❑ Q ❑ alternative transportation (e.g., bus turnouts, bicycle racks)? XVII. UTILITIES & SERVICE SYSTEMS Would the project: a) Exceed wastewater treatment requirements of the applicable ❑ ❑ Q ❑ 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 ❑ ❑ ❑ Q construction of which could cause significant environmental effects? G) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the ❑ ❑ Q ❑ 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 ❑ ❑ Q ❑ expanded entitlements needed? e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate ❑ ❑ ❑ Q 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 ❑ ❑ Q ❑ accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? ❑ ❑ 171 ❑ NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2008 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 21 Potentially Significant Impact Less Than Lessthan No Significant Significant Impact With Mitigation Impact Incorporated 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 ❑ ❑ Q ❑ 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 ❑ ❑ Q ❑ .when 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 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: o No Impact. The proposed project will not have any measurable environmental impact on the environment. o 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. a 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. o 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). The references and sources used for the analysis are also identified with each response. NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2008 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 22 I. AESTHETICS a) Would the project have a substantial adverse effect on a scenic vista? Less than Significant Impact. The proposed project encompasses approximately 132 acres adjacent to Fashion Island and is located north of East Coast Highway. Newport Center Drive north of Farallon Drive is designated as a Coastal View Road on Figure NR3 in the Natural Resources Element of the Newport Beach General Plan, Although East Coast Highway is not designated as a Coastal View Road between Jamboree Road and MacArthur Boulevard, a Public View Point is identified on Figure NR3 within Irvine Terrace Park, which is located south of that arterial and the subject property in the Corona del Mar service area. Views from this location are oriented to the west and not inland to the subject property. Policies NR 20.2 and 20.3 in the Natural Resources Element are intended to protect and enhance public view corridors. Designation of the location as a Public View Point is intended to preserve views of the harbor and ocean. 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 Kb). Based on the design of the proposed project, implementation of the proposed project will not result in a substantial visual impact, and would not result in any significant changes to views from Newport Center Drive north of Farallon, which is identified as a Coastal View Road. Although the proposed clubhouse will be larger and taller than the existing structure, it will be designed to be compatible with the nearby development. In particular, variable rooflines proposed for the clubhouse are intended to provide visual relief for the larger structure. 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 this vantage point to the subject property and into Fashion Island and 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 of intervening heavy landscaping along that roadway as well as adequate landscape materials, setbacks, and building heights that have been integrated into the project design to enhance and protect views as intended by the applicable Natural Resource Element policies. In addition, mechanical and trash enclosures will be screened by walls and /or landscaping. Therefore, no significant impacts are anticipated and no mitigation measures are required. 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 a private 18 -hole golf course and clubhouse. 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. A landscape plan has been developed that includes screening of the parking lot along East Coast Highway with a variety of trees and shrubs. 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 course clubhouse and ancillary structures) and the construction of a new golf course clubhouse and related facilities (i.e., cart barn and bag storage and maintenance buildings) for the Newport Beach Country Club. As indicated previously, the subject property is not designated as an important visual resource. NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2008 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 23 In order to maintain the integrity of the visual character of the area, the proposed Planned Community (PC) Development Plan Regulations include development standards related to the limits of development, building heights and setbacks, landscaping, lighting, and signs. As indicated in the PC Development Plan regulations, the maximum building height is established at 50 feet for the clubhouse and ancillary structures. In addition, landscaping will be provided in the surface parking lot at a ratio of one tree for every five parking spaces. Landscape materials, including trees, shrubs and groundcover are also proposed around the site perimeter to soften the development edges between adjacent existing commercial development and proposed private recreation development (i.e., hotel units or tennis and golf "bungalows ") and single - family residential (i.e., five semi - custom single - family residential dwelling units). The preliminary landscape plan includes a variety of drought - tolerant accent/specimen trees (i.e., coast live oak, California fan palm, and African Sumac) to supplement the existing trees on the site (e.g., Hong Kong Orchid, Indian Laurel, etc), and a variety of background shrubs (e.g., California lilac, purple hopseed bush, toyon, etc.) and ground cover to ensure that the landscape complements the existing golf course and surrounding development areas. Species have been selected that complement the existing and proposed landscape character of the golf course and surrounding development. The Preliminary Landscape Plan is illustrated in Exhibit 5. Elevations of the proposed project are illustrated in Exhibit 6 (South and North Elevations) and Exhibit 7 (East and West Elevations). Sections through the proposed clubhouse site are presented in Exhibits 8 and 9, which illustrate the relationship of the proposed structure to the parking lot and areas adjacent to the site, including East Coast Highway. As indicated in those sections, the proposed finished grade of the clubhouse will be up to 12 feet higher than the finished grade of the existing site in order to enhance views from the clubhouse to the golf course as well as to the ocean. However, views to or through the site, including those from the bungalow'units and semi- custom single- family lots proposed on the adjacent tennis club property, would not be significantly affected from any important public viewpoint or public corridor (refer to the discussion presented in Section I.e). Views from the Newport Center Drive segment that is designated as a Coastal View Road are effectively screened by the heavy landscaping that exists along that roadway; views of the site do not exist from this designated view corridor. The proposed clubhouse will be approximately 49' -6" high, measured from the existing grade (approximately 25 feet taller than the existing clubhouse) and situated on a building pad that would be up to 12 feet higher than the present finished grade of the existing clubhouse. The reconstructed clubhouse will be 30 feet higher than the existing clubhouse as a result of the raised building pad. The elevated building pad would allow for enhanced views to the south and the ocean as well as views over the golf course. The roof is characterized by several elements that vary in height to provide articulation. All of the mechanical equipment proposed to be located on the roof would be screened from view. Building materials for the proposed clubhouse include natural stack stone, plaster, wood trellises, and glass, in addition, copper, slate, or standing seam metal roof elements are also proposed to enhance the aesthetic character of the new building. Building elevations are iltustrated in Exhibits 6 and 7. Site cross sections are provided in Exhibits 8 and 9 to illustrate the re_ lationship of the proposed clubhouse to the existing golf course and East Coast Highway. As previously indicated, the golf course clubhouse property abuts an existing private tennis club on the east that is proposed to be redeveloped. That project includes development of the site with a new tennis clubhouse and spa, 27 hotel units (i.e., golf and tennis "bungalows ") and five semi - custom single - family residential dwelling units. The bungalows proposed will be situated adjacent to the upper parking lot of the proposed golf course clubhouse. The golf course parking lot elevation is approximately four feet lower than the pad elevation for the bungalows. As a result, light and glare from the headlights of the cars parked in the lot would not shine directly into the bungalows. Noise from the parking lot activities would also be reduced as a result of the difference in grade and the landscaping that will be provided to buffer the two uses. Finally, views from the bungalows, which would be direct over and beyond the parking lot, would not be adversely affected. In addition, the proposed golf course landscape plan (refer to Exhibit 5) incorporates a four -foot high screening hedge along the interface between the two properties, which would effectively eliminate any potential aesthetic impacts of the parking lot from the future bungalows. The parking lot has been designed so that spaces are not heavily concentrated along the edge of the lot adjacent to the units. The landscaping will be low to provide a buffer, but not block views. Therefore, no significant aesthetic impacts would occur and no mitigation measures are required. s i % % % % s % % i % de t � n's's��i�ie�a,3i33 ?a7sa��at i i -� g iy r §�e §§44 a I v ME CI n C z !;.fLB 4 i2� Lu 51 t z D 0 C) Lu co 0 a_ o Lij 3: Z , 1�5 - Q \\ 11R, :D 00 z D 0 o. < 0 zcl- 0 i� uj I., z sk �\ § 11R, :D 00 z D 0 o. < 0 zcl- 0 i� uj I., z � \ z P ol ]. . � \ ` z P ol ]. O IS aJ O L I Im Ci o LU I Im Ci NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2008 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 29 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 course clubhouse and ancillary structures. Lighting will also be provided for the same purpose as that which currently exists (i.e., security and parking lot illumination). Lighting required to illuminate the proposed parking lots for the golf course clubhouse will comply with standards established by the Newport Beach Municipal Code. Proposed lighting will not spill onto adjacent properties. 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, as required by the PC Development Plan. Therefore, no significant impacts are anticipated and no mitigation measures are required. Mitigation Measures 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. IL AGRICULTURE AND FOREST RESOURCES a) Would the project convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance 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. Furthermore, 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 the zoning designation for the site is "Planned Community." The existing use of the site is consistent with the adopted long -range land use plans (i.e., General Plan and zoning) adopted by the City for the subject property. Although the proposed project requires a General Plan Amendment and revisions to the PC Text, the proposed use will be consistent with the existing Golf Course Clubhouse use. 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))? NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2008 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 30 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) 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. 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 agricultural purposes and, as indicated previously, is not designated as agricultural 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 uses on the site or within the site's vicinity would be converted to non- agricultural 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. III. 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 by the South Coast Air Quality Management District in June, 2007, after extensive public review. The 2007 AQMP recognizes the interaction between photochemical processes that create both ozone 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.) The proposed Newport Beach Country Club Golf Club House replacement 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 South Coast Air Quality Management District (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. NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2008 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 31 A consistency determination plays an important role in local agency project review by linking local planning and individual projects to the 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: 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 Ambient Air Quality Standards (AAQS) or interim emission reductions in the AQMP. The South Coast Air Basin (SCAB) is designated by the state and United States Environmental Protection Agency (USEPA) as non - attainment for 03, PM10, and PM2,5. 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 South Coast Air Basin (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 and would therefore not 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 (refer to Table 1). Consequently, the project would 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 proposed new clubhouse would replace the existing clubhouse. Golf club operations potentially impact air quality primarily through traffic generation. Minor additional impact potential derives from combustion engine maintenance equipment (mowers, etc.) and on -site energy consumption. The proposed project will not create any increase in trip generation, or in golf course operational emissions. Future project - related emissions will be almost identical to those incorporated into the current AQMP: 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 SCAB 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, including Rule 403) identified below that are mandated by the SCAQMD in the AQMP related to dust control, paint emissions, etc. to ensure that projects do not contribute directly to an air quality violation. As a result, no significant impacts would occur and no mitigation measures are required. However, the following air pollution control measures will be implemented to reduce potential impacts. NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2008 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 32 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. 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 course clubhouse and related development, including asphalt parking lots, etc., in order to accommodate the proposed use. Potential construction - related 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 NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2008 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 33 Table 1 Construction - Related Pollutant Emissions (pounds /day) Newport Beach Country Club Golf Clubhouse Replacement Activit ROG IVOx CO SOz PM107 PM7,$,. C9z• Demolition of Structure No Mitigation 3.1 24.7 13.6 0.0 5.9 2.3 2,760.5 Mitigation 3.1 21.7 13.6 0.0 4.8 1.3 2,760.5 Fine Grading* No Mitigation 3.8 35.5 17.6 0.0 48.3 11.3 3,850.9 Miti anon 3.8 31.7 17.6 0.0 5.0 1,5 3,850.9 Construction No Mitigation 1:5 9.5 1 5.8 0.0 0.6 0.6 994.7 Mitigation 1.5 8.0 5.8 0.0 1 0.11 0.1 9947 Construction and Painting and Paving No Mitigation 3.6 20.9 14.3 0.0 1.6 1.5 2,203.4 Mitigation 3.5 17.8. 14.3 _0,0 0.3 0.2 2,203.4 SCAQMD Threshold 75 100 550 150 150 55 Exceeds Threshold? No No No No No No NOTE: Analysis Includes import of 39,055 cubic yards and on site maneuvering of 42,288 cubic yards. 'No significance threshold has been adopted. SOURCE: Giroux & Associates (September 2009 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 standard conditions 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 spillover 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 (PA2008 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 34 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 recreational development such as a clubhouse replacement, 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, and PM2.5)• LSTs represent the maximum emissions from a project that are not expected to cause or contribute to an exceedance of the 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 0.5 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, mitigated 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 CO I NOx PM10 PM2.5 LST Threshold 528 163 13 5 Propose d Pro'ect Unmitigated 6 —18 10 -35 1::_48 48 1 - 11 Mitigated 6-18 8 -32 1— 5 1— 2 SOURCE: Giroux & Associates (September 2009 Long -Term (Operational) Emissions Possible project - related air quality concerns typically derive from the mobile source emissions generated from the recreational uses proposed for the project site. However, the proposed Clubhouse Replacement project replaces an existing facility and the proposed project will not result in an increase in trips to and from the site. Since the project would generate the same number of daily trips (643 per day) no study of operational emissions is necessary, but to quantify the results, an analysis was conducted. Operational emissions for proposed project - related traffic were calculated using a computerized procedure developed by the California Air Resources Board (GARB) for urban growth mobile source emissions. The URBEMIS2007 model utilizing the trip generation factors obtained from the traffic consultant for this project was used to calculate area source emissions. The resulting vehicular operational emissions for uses in 2011 are shown in Table 3. NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2008 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 35 Table 3 Project - Related Emissions Burden (pounds /day) Newport Beach Country Club As indicated in Table 3, project- related operational emissions will be less than significant; no mitigation measures are required. 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 property 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. As previously indicated (refer to Section lll.b), although no significant air quality impacts are anticipated, several minimization measures are mandated by the SCAQMD to further reduce dust and construction equipment exhaust emissions during the construction phase. Implementation of those measures will minimize construction - related emissions. No significant impacts are anticipated and no mitigation measures are required. 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 course clubhouse and ancillary buildings would not result in any significant change in the kinds of odors that could be experienced in the immediate project environs, which is composed primarily of non- residential development. Occasional, less than significant odors may occur in 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 away from any nearby existing or future residential dwelling units in the vicinity of the project site. The proposed project will not generate unusual or large quantities of solid waste materials, or utilize chemicals (except for landscape maintenance purposes), 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. ROG lox CO; SOz' PM10. PM2,5 CO2 Proposed Project 2010 Area Sources 0.1 0.0 1.5 0.0 0.0 0.0 2.8 Mobile Sources 3.9 5.3 52.0 0.1 9.9 1.9 5,843.0 Total 4.0 5.3 53.5 0.1 9.9 1.9 5,845.8 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 (September 2009 As indicated in Table 3, project- related operational emissions will be less than significant; no mitigation measures are required. 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 property 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. As previously indicated (refer to Section lll.b), although no significant air quality impacts are anticipated, several minimization measures are mandated by the SCAQMD to further reduce dust and construction equipment exhaust emissions during the construction phase. Implementation of those measures will minimize construction - related emissions. No significant impacts are anticipated and no mitigation measures are required. 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 course clubhouse and ancillary buildings would not result in any significant change in the kinds of odors that could be experienced in the immediate project environs, which is composed primarily of non- residential development. Occasional, less than significant odors may occur in 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 away from any nearby existing or future residential dwelling units in the vicinity of the project site. The proposed project will not generate unusual or large quantities of solid waste materials, or utilize chemicals (except for landscape maintenance purposes), 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. NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2008 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 36 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 standard conditions 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 SCAQMD 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 site is developed with an 18 -hole golf course, clubhouse, ancillary structures, and parking lot. 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 a 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 golf course clubhouse, cart barn, and maintenance building in order to accommodate a new clubhouse, cart barn /storage, and maintenance building totaling 70,038 square feet on 9 acres of the PC Development Plan Area. Project implementation will not result in any modifications to sensitive habitat and /or sensitive species of plans 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 (PA2008 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 37 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 project limits and, therefore, will not be directly affected by the proposed development, which will include the construction of a new golf course club house and ancillary structures.. 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. 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, based on the Natural Resources Element of the City's General Plan. 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 natural habitat and /or species, including heritage trees. Due to the nature and extent of development on the site and in the surrounding areas, 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 course) 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 will occur and no mitigation measures are required. NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2008 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 38 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 property is currently developed with an 18 -hole golf course, clubhouse and ancillary facilities. 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 (Le., 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; 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 with Mitigation. Thirty -eight (38) cultural resources surveys have been conducted within a one -half mile radius of the subject property. Of those surveys, none 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 course and clubhouse amenities. The new golf course clubhouse is proposed to be located in the same general area as the existing clubhouse, although it will be relocated approximately 100 feet closer to East Coast Highway. Any grading and site alteration that is anticipated would affect the same areas that have previously been altered in order to accommodate the existing clubhouse and related facilities. As a result, project implementation will not adversely affect archaeological /cultural resources that may exist on the site. Although no significant impacts are anticipated, a Native American representative indicated that the subject property is located in an area where several cultural resources sites have been discovered.' Therefore, the City will require that a qualified archaeologist/paleontologist be present during grading and site alteration to monitor grading and landform alteration (refer to MM -1). Implementation of this measure is consistent with applicable Policy No. HR 2.2 of the Historic Resources Element of the Newport Beach General Plan. Because project implementation would require the approval of a General Plan Amendment, 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, the City was contacted by Mr. Alfred Cruz of the Juaneno Band of Mission Indians who identified a potential for encountering Native American artifacts due to the location of the site within proximity to several previously discovered cultural resource sites in the area. Although the site has been previously excavated and developed, an additional mitigation measure has been included that provides for the opportunity to have a Native American representative monitor excavation activities. r Telephone conversation with Mr. Alfred Cruz (Native American representing the Juaneno Band of Mission Indians); August 24, 2009. NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2008 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 39 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 in MM -1, monitoring of the grading activities by a qualified paleontologist will be required in the event that fossils or other important paleontological resources are encountered, to ensure that 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 course, clubhouse, and surface parking lot) 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 in Section V.b, a Native American representative has indicated that because the site is located in an area where cultural resources have been discovered, a qualified archaeological /paleontological monitor will be contacted if, during grading, human remains are encountered, appropriate measures will be implemented in accordance with State law regarding human remains. Mitigation Measures 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. 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 During project grading, 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). 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 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 NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2008 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 40 (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 given the distance to those faults. Potential impacts would be less than significant with the incorporation of design features prescribed by the most current edition of the California Building Code. 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 strong ground shaking. 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 magnitudes of 23 faults within an 80 km radius of the site are presented in Table 4. Table 4 Seismic Source Model Newport Beach Country Club Fault Distance (km) Se smology Parameters Maximum M, FaultType ' Slip Rate mmf Y San Joaquin Hills Blind Thrust <1.0 6.6 bt 0.5 Newport Inglewood Offshore 3.7 7.1 rl -ss 1.5 Newport-Inglewood L.A. Basin 4.1 7.1 rl -ss 1.0 Palos Verdes 22.9 7.3 rl -ss 3.0 Chino - Central Avenue 30.7 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 [I-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 11 -r -o 1.5 Verdu o 63.2 6.9 r 0.5 Clamshell -Saw it 64.0 6.5 r 0.5 NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2008 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 41 Fault Distance (km) Sei mology Parameters Maximum Mw Fault T e' Slip;Rate' mml r' Hollywood 652 6.4 11 -r -o 1.0 Rose Canyon 68.8 7.2 rl -ss 1.5 Santa Monica 707 6.6 Il -r -o 1.0 San Jacinto -San Bernardino 74.1 6.7 rl -ss 12.0 San Jacinto -San Jacinto Valley 75.0 6.9 rl -ss 12.0 Malibu Coast 76.4 6.7 11 -r -o 0.3 'r1— right - lateral; II — left lateral; ss — strike -slip; r — reverse; o — oblique; bt — blind thrust SOURCE: GMU Geotechnical, Inc. (May 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? Less than Significant 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. 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 and 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 course clubhouse 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 Best Management Practices (BMPs) 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 NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2008 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 42 grading and after development of the site, will be avoided or reduced to a less than significant level with the implementation of MM -4. 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 Impact. Refer to Section VI.a.iv, above. As previously indicated, potential slope failureilandslide 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 structures 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. Project implementation includes the importation of earth materials that will be placed on the site to raise the finished grade of the proposed clubhouse. The finished grade of the building pad will be up to 12 feet above the existing grade of the clubhouse. 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 conclusion 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. As required by the City of Newport Beach, the applicant will be required to prepare a detailed sails engineering report, which will be submitted to the City prior to issuance of a grading permit. The proposed golf course clubhouse and ancillary structures will be designed to comply with the CBC as well as the soils engineering report that will be prepared for the proposed project. Design of the proposed structures to comply with applicable design standards will ensure that potential soil and geotechnical construction will be minimized or avoided. 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 an analysis of the subject property (GMU, April and May 2008), 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. The subsequent soils engineering report that will be conducted for the proposed project will prescribe appropriate measures to address the existing on -site soils conditions, including expansive soils. 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. NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2008 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 43 Mitigation Measures MM -3 Prior to issuance of the grading permit, an erosion control plan shall be submitted to and approved by the City's Chief Building Official. MM -4 Prior to issuance of a grading permit, the applicant shall submit a soils engineering report and final geotechnical report to the City's Chief Building Office for approval. The project shall be designed to incorporate the recommendations included in those reports 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. 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. It is 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.2 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.3 Many scientists studying the particularly rapid rise in global temperatures duriniiiI 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.' 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 (CH4) (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 16" largest emitter of CO2 (the most prevalent GHG) and is responsible for approximately 2 percent of the world's CO2 emissions (CEC 2006). 2Id. 3Brohan, 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 I, 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. NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2008 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 44 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 coaling from 1940 to 1975, and a large warming again starting in 1975.6 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 MND 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 impact analysis, and (it) 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 ( "CARB ") 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 6 Id. NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2008 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 45 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 CO, CH4, N20, 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 CO2, 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. 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 an 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 "' 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.a 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. ° CEQA Guideline §15064.7 defines a "threshold of significance" as "an idenflfiable . 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" 8Pew Center for Global Climate Change (2003). Designing a Mandatory Greenhouse Gas Emissions Reduction for the U.S., retrieved March 12, 2007, from http� / /www pewciimate .oro /docUt)loadslUSGas °/ 2E.pdf. NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2008 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 46 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 AB 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. 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 MND 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, CPR 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. "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 (PA2008 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 47 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 MIND utilizes that more 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 MND cannot feasibly evaluate potential cumulative project global climate change impacts in the standard manner currently required by CEQA. With this extensive background, the analysis of the potential effects of the Proposed Project is as follows: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? Less than Significant Impact. Implementation of the proposed project would contribute to long -term increases in greenhouse gases (GHGs) as a result of traffic increases (mobile sources) and minor secondary fuel combustion emissions from space heating, etc. Development occurring as a result of the proposed project would also result in secondary operational increases in GHG emissions as a result of electricity generation to meet project - related increases in energy demand. Electricity generation in California is mainly from natural gas -fired power plants. However, since California imports about 20 to 25 percent of its total electricity (mainly from the northwestern and southwestern states), GHG emissions associated with electricity generation could also occur outside of California. Space or water heating, water delivery, wastewater processing and solid waste disposal also generate GHG emissions. Short- term GHG emissions will also derive from construction activities. NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2008 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 48 The General Reporting Protocol (GRP) in the California Climate Action Registry (CCAR) divides project - related operational GHG emissions into three categories. These three sources include the following: Source 1 — On -site combustion of fossil fuels (space and water heating, fireplaces, landscape utility equipment, etc.) Source 2 — Consumption of purchased energy (electricity) Source 3 — Indirect emissions (transportation, solid waste disposal, fresh -and wastewater conveyance and treatment) For general development projects such as that proposed, Source 3 is typically a much larger contributor to the GHG burden than Sources 1 and 2. Project - related GHG emissions were aggregated into transportation and non - transportation sources. The transportation component is calculated and reported in the URBEMIS2007 computer model summarized in Table 1. Construction Emissions During project construction, the URBEMIS2007 computer model predicts that a peak activity day in the single "worst case" year of construction (2011 during demolition and grading) will generate 2,760 pounds /day of CO2for demolition and 3,851 pounds /dayof CO2 during grading (refer to Table 1). 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 fog demolition and 100 peak days for grading. The estimated annual GHG impact is estimated to be 70 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 screening level operational threshold is 3,000 metric tons (MT) of CO2- equivalent (CO2(e)) per year. Grading activities generating 70 MT are well below this threshold. Operational Emissions Assuming that maximum daily trips - generation occurs 365 days per year, the Clubhouse Replacement project daily operational CO2 emissions will be the same as existing emissions, 1,066 MT of CO2 per year. This is also less than the GHG significance screening criteria. Nonetheless, the landscape concept plan proposes fast - growing, low water use plant materials, which will enhance carbon sequestration and water usage, which will minimize greenhouse gas emissions associated with the proposed project. In addition, the project will comply with the current California Building Code (CBC) and other regulatory requirements related to energy conservation as well as compliance with solid waste reduction requirements prescribed in the City's Source Reduction and Recycling Element (SRRE) to further reduce energy demands. Annual GHG emissions, from non - transportation sources associated with the clubhouse replacement are shown in Table 5. Because the project generates the same number of trips as existing uses, the transportation component is shown as zero. NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2008 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 49 Table 5 Project - Related GHG Emissions Newport Beach Country Club Use Unit (KSF ) Electricity (Tons /MWHR Natural Gas Tons /108 cu. ft.) Solid Waste TonslTon Water TonsIRNG Clubhouse 69.09 687.4 4.0 62.9 7.9 Conversion Factor 0.363 54.6 0.46 4.62 CO2e Tons/Year 249.5 218.4 28.9 36.4 SOURCE: Giroux & Associates (September 2009) As indicated in Table 5, the proposed project - related non - transportation sources would generate 533.2 tons /year (484.7 MT /year) of CO2e as a result of project implementation. It is anticipated this amount would be approximately the same as that generated by the existing clubhouse facility. Even when combined with the transportation- related CO2e emissions (1,066 MT /year), the total operational emissions would remain below the 3,000 MT /year screening level and the 1,600 MT /year threshold employed by the City. Therefore, no significant climate change impacts are anticipated, either individually or cumulatively, and no mitigation measures are required. Although new GHG emissions will be well below the screening threshold, all GHG emissions are considered to have a cumulative global contribution. Implementation of reasonably available control measures is recommended. GHG reduction options on a project -level basis are similar to those measures designed to reduce criteria air pollutants (those with ambient air quality standards). Measures that reduce trip generation or trip lengths, measures that optimize the transportation efficiency of a region, and measures that promote energy conservation within a development will reduce GHG emissions. Additionally, carbon sequestering can be achieved through urban forestry measures. Reductions in the vehicular contribution are critical in achieving the goals of statewide /national GHG minimization programs. However, substantial mobile source tripNMT reduction or increases in vehicular fuel efficiency are not achievable on a project- specific basis. State or national programs are in place to significantly upgrade fuel efficiencies. Most project - specific discretionary actions for GHG reduction must focus on energy conversation. Recommended GHG reduction measures include: (1) construction of the new clubhouse to meet LEED specification; (2) incorporation of solid waste minimization and recycling programs; and (3) incorporation of fast - growing, low water use landscape to enhance carbon sequestration and reduce water use. These measures will reduce the generation of GHG emissions resulting from project implementation. b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? Less than Significant Impact. The incremental increase in potential greenhouse gases associated with the proposed project would not be significant in the context of the contribution of worldwide GHG impacts and would not interfere with the State's mandatory requirements under AB 32 to reduce statewide GHG emissions to 1990 levels by 2020. In its draft interim guidance on establishing thresholds for GHG - emission- related impacts, the California Air Resources Board has set forth that small residential and commercial projects, emitting 1,600 metric tons of CO2e per year or less, would clearly not interfere with achieving the States emission reduction objectives in AB 32 (and EO S- 03 -05) and thus may be deemed categorically exempt from CEQA because the impacts would clearly not be significant.1e Construction "California State of, 2008. California Air Resources Board (GARB). Preliminary Draft Staff Proposal: Recommended Approaches for Setting Interim Thresholds for Greenhouse Gases Under the California Environmental Quality Act. October 24. Based on that same guidance,. the City has applied in other EIRs an interim threshold for residential and commercial projects that emit in excess of 1,600 tonnes /year of CO2e. Until further guidance is provided by the State or other appropriate expert agencies, the City has considered projects to have significant impacts because they would interfere with the State's mandatory requirements under AB 32 to reduce statewide GHG. emissions to 1990 levels by 2020 if they either (1) are not substantially consistent with policies and NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2008 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 50 activities would result in the generation of approximately 70 MT /year of CO2e; operational COze emissions are estimated to be less than 1,066 MT /year. These emissions are below 1,600 tons /year of COZe and thus would clearly not interfere with achieving the State's emission reduction objectives in AB 32 (and EO S- 03 -05) and would clearly not be result in a significant GHG- related impact. 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 -9 All new buildings shall meet Title 24 requirements SCA 0 Water conservation design features shall be incorporated into building and landscape designs VIII. HAZARDS AND HAZARDOUS MATERIALS Ninyo & Moore prepared a Phase I Environmental Site Assessment (ESA) for the proposed project (December 5, 2005). The findings and recommendations presented in the Phase I ESA are summarized in the following analysis; the document is on file and available for review at the City of Newport Beach Planning Department. 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 an existing golf course clubhouse and related 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, standards set out in federal, state, and local plans designed to reduce greenhouse gas emissions or (2) would emit more than 6,000 tonnes/year of CO2e. NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2008 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 51 paints, etc., that are typically used to maintain the golf course located on the property, on -going operation of the Newport Beach Country Club 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 below, in Section Vlll.c, remediation of the asbestos containing materials (ACM) and lead based paint (LBP) 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. 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. 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. 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 It Partner Engineering and Science, Inc.; Addendum Letter dated March 29, 2010. NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2008 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 52 regulatory storage and use requirements. As a result, no significant impacts are anticipated and no mitigation measures are required. 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 with Mitigation Incorporated. 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. 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. NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2008 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 53 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, LLC in a database search on November 18, 2008. 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 6 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. Table 6 Summary of Environmental Database Search Newport Beach Country Club Radius Database Searched Results Federal National Priorities List NPL 1 Mile No sites Federal Delisted NPL /3 Mile No sites Federal Comprehensive Environmental Response, Compensation and Liability Information System Y2 Mile No sites CERCLIS Federal CERCLIS — No further Remedial Action yz Mile No sites Planned NFRAP Federal Resource Conservation and Recovery Act 1 Mile No sites RCRA Corrective Action CORRACTS Facilities Federal RCRA Treatment, Storage and Disposal /2 Mile No sites TSD List Site and Federal RCRA Generator List Adjoining No sites Properties Federal Institutional Controls /Engineering Controls Site Site not listed IC /EC Federal Emergency Notification Systems ERNS Site Site not listed State Calsites Database (CALSITES) or State - /z Mile No sites Equivalent CERCLIS Solid Waste Landfill Facilities SWLF /2 Mile No sites State /Leaking Underground Storage Tanks (LUST) /2 Mile Site' and 2 other sites Lists Site and State UST and AST Registration List Adjoining Site Properties State Brownfield List and State Institutional /2 Mile No sites Control/Engineering Control/Engineering Control Registries State Voluntary Cleanup Programs (VCPS) /2 Mile No sites Indian Reservations 1 Mile No sites Tribal-Equivalent NPL 1 Mile No sites Tribal Equivalent CERCLIS 1 Mile No sites Tribal Landfill and /or Solid Waste Disposal Sites 1 Mile No sites Tribal LUST List 1 Mile No sites Site and Tribal UST and AST Registration List Adjoining No sites Pro erties Tribal Institutional Control/Engineering Control/Engineering Control Site Site not Listed NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2008 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 54 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 (pCi /L) 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. 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. e) For a project within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? Less than Significant Impact. The project site is located approximately 4.0 miles south of John Wayne Airport (JWA). A portion of the 132 -acre property is located within for 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 General Plan Amendment and PC Text Adoption 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. '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 v ater of the property. Radius Database Searched. Results Registries Tribal VCPS 1 Mile No sites Tribal Brownfield List 1 Mile No sites Other N/A Site 'Release of gasoline was discovered in 1965. The regulatory status of the site was "case closed" by 1987. The report indicated that "site not tested for methyl tert -butyl ether (MBTE). Includes unknown and not analyzed" This listing is assumed to be associated with the earlier UST located on the northern boundary of the maintenance facility. 2The site is listed on this database twice for USTs, which were removed in early 2003 3The description of the listing indicates "gasoline" and that the site was closed on September 1, 1987. No other information was listed. SOURCE: Nino & Moore December 5, 2008 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 (pCi /L) 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. 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. e) For a project within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? Less than Significant Impact. The project site is located approximately 4.0 miles south of John Wayne Airport (JWA). A portion of the 132 -acre property is located within for 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 General Plan Amendment and PC Text Adoption 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. '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 v ater of the property. NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2008 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 55 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 from a private airport, to people utilizing the golf clubhouse amenities proposed 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. 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.d). 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 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 exist 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. Mitigation Measures SC -11 Prior to any disturbance of the construction materials within the Golf Clubhouse and maintenance building, 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 -12 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 NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2008 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 56 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. The proposed project would result in the demolition of the existing golf course clubhouse and the reconstruction of a larger clubhouse facility in the same general area (i.e., approximately 100 feet to the south) on the subject property. Therefore, the raw sewage that would be generated by the proposed project would be similar in nature to that generated by the adjacent properties and would not significantly affect wastewater treatment. 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. 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 (Le., 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. There are no pre- existing water quality issues identified for the site, nor has there been any indication of past soil contamination since the site was developed. The pollutants of concern associated with the proposed project include sediment, nutrients, pathogens (i.e., bacteria /viruses), and pesticides. However, implementation of the water quality features prescribed in the Conceptual Water Quality Management Plan (WQMP) prepared for the project, which would be finalized prior to issuance of the grading permit, will ensure that this project does not violate any water quality standards during construction. Two options of addressing water quality are identified in the WQMP. Option 1 provides for the implementation of water quality features in the individual subdrainage areas on the site, while Option 2 would propose to treat stormwater generated on the subject property at a downstream location. In either case, the primary treatment mechanism under either option would include media filtration, and both options would provide a similar level of treatment for pollutants of concern. Project - related stormwater would be adequately treated in accordance with City and Water Quality Control Board requirements prescribed as part of the NPDES review process. As a result, no significant impacts are anticipated and no additional mitigation measures are required. In accordance with the Conceptual Water Quality Management Plan that will be prepared for the project, appropriate BMPs will be incorporated to ensure that water quality impact are minimized. Such BMPs include the incorporation of landscaping into the parking lot, driveways, and around the proposed clubhouse to maximize permeable area, porous pavement materials, construction of minimum width drive aisles, etc. 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 9 (General Plan Policy Analysis) and 12 in Section IX (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 NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2008 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 57 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 demand for water would be similar to that currently generated by the existing clubhouse. Although the facility would be larger than the existing clubhouse, the use would be the same and would not create a significant increase in the demand for domestic water. 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. 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 course, " clubhouse and related ancillary facilities. The portion of the property that is the subject of the proposed improvements encompasses less than 10 acres within seven sub - drainage areas. Under existing conditions, the project site generally sheet flows in a southwesterly direction to curb and gutter through the existing parking lot and drains to an existing catch basin at the south corner of the site, which ties into a 24 -inch reinforced concrete pipe (RCP) storm drain maintained by the City that extends in a southeasterly direction along East Coast Highway. A small portion of the project site along Irvine Terrace, the Club's entrance, drains along curb and gutter to the existing catch basins that discharge to the 24 -inch RCP through a 18 -inch RCP. There is no storm drain piping on -site in the existing condition. On -site runoff is conveyed on the subsurface to the nearby public storm drain system. Surface flows ultimately discharge into Newport Harbor west of the site. 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. 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. Under the post - development conditions, the existing outlet locations and the receiving public storm drain system will remain the same but the on -site drainage pattern will be modified by adding a private storm drainpipe system, which will convey the majority of the on -site drainage. The overall on -site tributary area will be almost identical to the existing conditions. 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 10 acres) is divided into seven drainage areas. Drainage Areas A -1 through A -7 B comprise the existing golf course clubhouse and parking lot. Stormwater runoff occurring in Drainage Areas A -1 through A,6 (6.39 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. As indicated in Table 7, the 25 -year storm flow (Q25) at this location is 19.1 cubic feet per second (cfs). The catch basin is connected to an 18 -inch RCP pipe, which connects to an existing 24 -inch NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2008 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 58 RCP that runs parallel to Coast Highway. Area A -7, comprised of 1.0 acre that encompasses Irvine Terrace, 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 Areas A -1 through A -6. The Q26 storm flow at this juncture is 21.7 cfs. 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. Table 7 Existing Runoff Newport Beach Country Club Sub -Area Area In Acres Flow (Q2s) cfs A -1 0.22 0.9 A -2 0.77 16 A -3 1.24 7.0 A -4 1.30 10.9 A -5 1.06 13.9 A -6 1.80 19.1 A -7 1.00 21.7 Total 7.39 24.6 sbUCE Fuscoe Engineering Ma 2009 The proposed development area is also divided into eight drainage areas encompassing 7.62 acres. A storm drain system is proposed that would collect the stormwater generated on -site and convey it to the existing 18- and 24 -inch storm drains previously identified that parallel East Coast Highway. Table 8 reflects the post - development storm flows anticipated to occur as a result of project implementation. Table 8 Post - Development Runoff Newport Beach Country Club Sub- Area- Area (In Acres Flow (Q25) cfs A -1 0.27 1.2 A -2 0.86 4.3 A -3 1.08 7.8 A -4 0.53 9.3 A -5 1.67 15.0 A -6 1.01 18.0 A -7 1.71 23.4 -8 0.49 24.6 Total PA 7.62 SOUCE: Fuscoe Engineering Ma 2009 Based on the hydrology study prepared for the proposed project by Fuscoe Engineering, the proposed development will result in a slightly increased storm runoff at the project outlet. This is due to shortened time of concentration as a result of generally steeper gradient along the proposed curb and gutter. In the existing condition, the parking lot sheet flows perpendicular to curb and gutter along the southwesterly project boundary then turns southeast and runs at a fairly flat grade to the existing catch basin. Increase NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2008 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 59 in peak flow discharge at the project outlet is 2.9 cfs fora Q25 storm event. The site will be graded and designed to facilitate post - development storm flows. In addition, the existing outlet locations and the receiving public storm drain system will remain the same but the on -site drainage pattern will be modified by adding a private storm drain pipe system, which will convey the majority of the on -site drainage to the existing facility. 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. As indicated above, additional surface runoff would be generated (refer to the previous discussion in Section IX.d). The existing storm drainage collection and conveyance facilities within the project area (i.e., 18- and 24 -inch pipes previously described) will continue to convey stormwater generated on -site to Newport Harbor where it will be discharged. 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. As previously indicated, the applicant will be required to prepare an 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 WQMP identifies several measures that would minimize potential water quality impacts that will also be implemented, depending on the option selected by the City and applicant to achieve the pollutant reduction (i.e., on -site or off -site features) as illustrated in Exhibits 5 and 6. For example, Option 1 (i.e., individual drainage area treatment) treatment facilities may include the following measures to address water quality associated with the proposed elements: Maintenance Yard, Clubhouse Building and Main parking Lot — StormFilter • Valet parking and Clubhouse Entry Parking — Porous Pavement Media Filter • Driveway and Guard House — Filterra Bioretention Unit Whereas Option 1 specifies individual treatment control BMPs for each subdrainage area for the project, Option 2 provides a treatment alternative that treats the entire project drainage area at one downstream location for ease of maintenance and cost. Under this option, one larger StormFilter unit is proposed, to be located at the southern corner of the main parking lot within the main storm drain line. In addition to the StormFilter unit, due to the activities in the maintenance yard, a catch basin insert is also proposed to pre -treat runoff from the maintenance yard. In addition to those post - development BMPs, final plan check will include the requirement for 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 COUNTRY CLUB PLANNED COMMUNITY (PA2008 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 60 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 East Coast Highway. No residential development is proposed. Therefore, neither homes nor other structures 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 structures are proposed to be located within the 100 -year flood zone. Refer to the response to Section IX.g. 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, ormudflow? Less than Significant Impact. The subject property is located inland of East 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 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. 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. As indicated previously, stormwater discharges from the site will be slightly greater than the stormwater currently generated on the site with the existing clubhouse, parking lot and ancillary structures. Although some temporary impacts associated with construction of the proposed NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2008 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 61 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 are currently located above grade and are partially open on one side. These facilities 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 small increase in stormwater generated on the subject property. However, the site would be graded in order to ensure that post - development runoff is minimized and, further, is directed to a proposed on -site collection and conveyance system and would be directed to the 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, the proposed project will be required to identify BMPs, which will be included in the SWPPP that will be prepared and approved prior to issuance of the grading permit. In addition, structural and non - structural BMPs have also been identified in the Conceptual WQMP prepared for the project. Finally, as part of the final plan check review, the applicant is required to prepare 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 a Conceptual WQMP 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. In addition, implementation of BMPs that will be included in the 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. NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2008 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 62 X. LAND USE AND PLANNING a) Would the project divide an established community? Less than Significant Impact. The 132 -acre site is developed with a golf course, clubhouse and ancillary facilities. The proposed project includes the construction of a larger golf course clubhouse and modifications to the existing parking lot that serves the golf course. As indicated previously, the area surrounding the subject property is entirely developed with mixed -use development, including private recreation (i.e., private tennis complex), residential, professional office, and commercial land uses. As previously indicated, a development plan has been submitted on the private tennis complex site adjacent to the subject property that proposes the redevelopment of that site with a tennis clubhouse /spa, 27 hotel units, and five semi- custom single - family residential dwelling units. Development of the project site as proposed would not directly affect the majority of the 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.). In order to ensure that the proposed development is compatible with the potential future development of the adjacent tennis complex site, landscaping buffers have been integrated into the development plan to avoid potential land use conflicts. In addition, the golf course parking lot elevation is approximately four feet lower than the pad elevation for the bungalows. As a result, light and glare from the headlights of the cars parked in the lot would not shine directly into the proposed bungalows. Noise from the parking lot activities would also be reduced as a result of the difference in grade and the landscaping that will be provided to buffer the two uses. Finally, views from the.bungalows, which would be direct over and beyond the parking-lot, would not be adversely -- - affected. The proposed golf course clubhouse and ancillary buildings exceed the maximum development intensity allowable under the Land Use Element for the subject site. The applicant is proposing a maximum development intensity of 56,000 square feet for the Planned Community, which is 21,000 square feet more than the 35,000 square feet allocated for the property. Although the project is in keeping with the character of development in the area, a General Plan Amendment is required (refer to Section X.b). With the exception of the fitness center, expansion of the existing amenities without a consequent intensification of use account for the increase in square footage. A discussion of the relationship of the proposed project to the relevant General Plan and Coastal Land Use Plan (CLOP) policies is presented in Section X.b (refer to Tables 9 and 12, respectively). As indicated in that analysis, the proposed project is consistent with those policies. The City Council will determine if the increase in intensity proposed by the applicant meets the intent of the long -range goals and policies of the General Plan. 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. Project implementation will necessitate the approval of a General Plan Amendment, which would allow an increase in the development intensity on the project site, which is currently 35,000 square feet. The applicant is proposing to increase the maximum permitted floor area to 56,000 square feet. 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 9. NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2OO8 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 63 Table 9 General Plan Policy Consistency Newport Beach Country Club Policy No. General Plan Policy' Consistent Anal sis Land Use Element The proposed project includes an adoption of the PC District regulations, which will guide development occurring within the 132 -acre Newport Beach Country Maintain and enhance the beneficial and unique Club site. The development standards address character of the different neighborhoods, business development limits, permitted uses, building height, LU 1.1 districts, and harbor that together identify Newport setbacks, landscaping, lighting, signage, and parking and Beach. Locate and design development to reflect are intended to ensure that development within the PC is Newport Beach's topography, architectural diversity, consistent and compatible with the existing development and view sheds. in the project environs. The proposed project complies with the development standards prescribed by the City for the site and is compatible with the existing land uses in the project environs. The area in which the site is located is characterized by a variety of residents], 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 neighborhoods and districts, promote the identity of the project (i.e., larger golf course clubhouse) and LU 1.2 .. - entire City tbafdifferentiates it as a special place within t differentiates architectural character are compatible with -the variety of the Southern region. densities and styles within the Newport Beach Fashion Island area. The architectural character of the proposed clubhouse, which incorporates variable rooflines, landscaping, and building elevations that are consistent with the City's desire to differentiate Newport Beach from other coastal cities. Enhance existing neighborhoods, districts, and The character of the proposed clubhouse is compatible corridors, allowing for reuse and inflll with uses that are with the existing land uses and development intensities in complementary in type, form, scale, and character. the project area. The project has been designed to be Changes in use and /or densitylintensity should be compatible with the existing residential, commercial, and considered only in those areas that are economically open space /recreation that exist in the vicinity of the under performing, are necessary to accommodate project site. This analysis does not appear to be Newport Beach's share of projected regional consistent with the corresponding General Plan Policy LU 3.2 population growth, improve the relationship and reduce commuting distance between home and jabs, or The area in which the project is located is adequately enhance the values that distinguish Newport Beach as served by existing infrastructure, including circulation, a special place to live for its residents. The scale of sewer, water, and storm drainage systems. As a result, growth and new development shall be coordinated with project implementation will not adversely affect those the provision of adequate infrastructure and public systems or the provision of adequate service to nearby services, including standards for acceptable traffic development. level of service. The uses proposed by the applicant are consistent with the General Plan Land Use Element (i.e., land use designation). The project applicant is requesting an LU 4.1 Accommodate land use development consistent with increase in development intensity permitted in Anomaly the Land Use Plan. No. 74 (Statistical Area L1) from 35,000 square feet to a maximum of 56,000 square feet (i.e., 21,000 square feet). The proposed clubhouse is otherwise consistent with the land use designation. Although the site is not located adjacent to lower density residential development (e.g.,- single- family detached), the project has been designed with respect to the proximity of Require that the height of development in proposed development on the adjacent tennis complex nonresidential and higher density residential areas site. No portion of the proposed golf course clubhouse LU 5.1 .2 transition as it nears lower density residential areas to and related features would encroach into the area minimize conflicts at the interface between the different proposed for single - family detached residential types of development. development on the adjacent site. A portion of the upper parking lot would be located in close proximity to the future bungalow units proposed on the adjacent tennis complex property; however, adequate landscaping/screening has been provided to ensure that NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2OO8 -162) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 64 Policy No. General Plan: Policy. consistency Mal is privacy issues are adequately addressed. In addition, the proposed project complies with the maximum building heights, setback requirements, etc., for future development within the 132 -acre property to ensure land use compatibility is not compromised. The subject . property is located within the 32150 height limits based on the current zoning. The proposed PC District regulations propose a maximum building height of 50 feet, which is permissible in the 32/50 height limit area with the adoption of the Planned Community, The height of the proposed .. golf course clubhouse is approximately 49' 6" and does not exceed the maximum height prescribed for that use with the adoption of the PC District Regulations. Housing Element Support all reasonable efforts to preserve, maintain, The project site does not support any existing housing and and improve availability and quality of existing housing is not designated for residential use. No residential H 1.1 and residential neighborhoods, and ensure full development is proposed within the 132 -acre Planned utilization of existing City housing resources for as long Community. into the future as physically and economicallyossible. Historical Resources Element Although archaeological and /or paleontological resources are not anticipated to be encountered during grading Require that, in accordance with CEQA, new and /or construction due to landform alteration that has development protect and preserve paleontological and occurred in the past, a Native American representative -- archaeological resources from destruction, and avoid has indlr ted.that the site is located in an area of the City that has numerous cultural resources sites. and mitigate impacts to such resources. Through yielded Therefore, the City requires that a certified HR 2.1 planning policies and permit conditions, ensure the archaeological, monitor contacted if, preservation of significant archaeological and such resources un during grading, such resources are encountered. Grading paleontological resources and require that the impact activities can be diverted in order to evaluate the caused by any development be mitigated in resources and recommend appropriate measures to accordance with CEQA. protect and /or preserve them. In addition, a Native American representative will have the opportunity to monitor excavation activities. Circulation Element The proposed project has been designed to meet the minimum parking requirements established in the proposed PC Development Plan. Based on the proposed parking requirements in the PC Development Plan for the Require that new development provide adequate, proposed project, a total of 334 parking spaces is CE 7. 1.1 convenient parking for residents, guest, business required. The project is proposing a total of 348 parking patrons, and visitors. spaces, including 74 spaces in the upper lot that will be available for valet parking during special events that may be hosted on at the Newport Beach Country Club. The proposed project provides a surplus of 14 parking spaces on -site. As indicated above, the on -site parking provided includes 348 parking spaces for the golf course clubhouse (334 required). By comparison, applying the Institute of Transportation Engineers (ITE) peak parking requirement would result in a requirement for 186 parking spaces, or 152 fewer parking spaces than proposed by the applicant Site and design new development to avoid use of for the proposed project The parking includes valet CE 7.1.8 parking configurations or management programs that parking for special events as well as general parking. The are difficult to maintain and enforce. PC Development Plan requires approval by the City Traffic Engineer for valet parking and satellite parking with shuttle service that involves use of the public right -of -way. The parking lots and drive aisles have been reviewed and approved by the City Traffic Engineer. In addition, eight handicapped parking spaces are also provided, which complies with ADA requirements. Recreation Element No applicable policies. NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2OO8 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 65 Policy No. General Alan Pollt 'Consistent Analysis Natural Resources Element Require all development to comply with the regulations The project applicant will be required to comply with the under the City's municipal separate storm drain system NPDES requirements established by the City, including NR 3.4 permit under the National Pollutant Discharge the preparation of a Storm Water Pollution Prevention Elimination System ( NPDES). Plan (SWPPP) to address construction activities and a WQMP for long-term operations of the project. As indicated above, the proposed project will implement NR 3.5 Require that development does not degrade natural BMPs to improve the quality of both construction - related water bodies. and long -term runoff emanating from the site prior to their discharge into Newport Harbor. Require new development applications to include a NR 3.9 Water Quality Management Plan (WQMP) to minimize Refer to Response to Policy No. NR 3.4. runoff from rainfall events during construction and post-construction. The proposed project complies with the requirement to prepare a SWPPP and WQMP to address both Include site design and source control BMPs in all construction and post - development water quality impacts. developments. When the combination of site design Both site design and structural BMPs will be incorporated NR 3.11 and source control BMPs are not sufficient to protect into the project as required by the City of Newport Beach water quality as required by the NPDES, structural to ensure that surface flows emanating from the subject treatment BMPs will be implemented along with site property are treated prior to their discharge into Newport design and source control measures. 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 SWPPP will be _. _ .. prepared and will establish both structural and non- structural.: BMPs in order to reduce sedimentation and erosion during the construction phase. These measures will be incorporated in the grading /erosion control plans submitted to the City of Newport Beach. In addition, the applicant has prepared a ' Conceptual WQMP to address post - development water quality impacts. The conceptual plan identifies two options for the treatment of storm water runoff. Require grading /erosion control plans with structural Option 1 involves individual treatment control BMPs for each NR 4.4 BMPs that prevent or minimize erosion during and of the sub - drainage areas within the project site and Option after construction for development on steep slopes, 2 involves treatment of runoff from the entire site at one graded, or disturbed area. downstream location. In accordance with the Countywide Model WQMP, the treatment BMPs will be sized to treat either the Stonnwater Quality Design Flow or volume and would include storm filters, porous pavement or other features in the various sub - drainage areas identified in the plan for Option 1. For Option 2, a single large storm filter would be incorporated downstream to treat the stormwater runoff generated by the proposed project pror to its discharge into Newport Harbor. The applicant is proposing to demolish an existing golf course clubhouse and ancillary structures that encompass 31,520 square feet and replace these facilities structures Reinforce the original design concept for Newport that would more than double the floor area to 69,088 Center by concentrating the greatest building mass square feet. In addition, the proposed clubhouse would and height in the northeasterly section along San increase in height to 46 feet (maximum) compared to the LU 6.14.4 Joaquin Hills Road, where the natural topography is existing 23' -9" clubhouse. Although this represents an highest and progressively scaling down building mass increase in both development intensity and height, the and height to follow the lower elevations toward the proposed clubhouse and ancillary facilities are consistent southwesterly edge along East Coast Highway. - with the development intensity and building heights in the surrounding area, including the residential development to the northeast and commercial development to the east. The site will not be over built given the size of the golf course and the new building is within the permitted height. The proposed project has been designed to Incorporate a Encourage that pedestrian access and connections sidewalk along the north side of the entry road west of among uses within the district be improved with Irvine Terrace to accommodate safe pedestrian access to LU 6.14.6 additional walkways and streetscape amenities the clubhouse and other features. In addition, sidewalks concurrent with the development of expanded and new are also proposed to be extended from the subject uses. property into the proposed tennis facility to the east, consistent with the City's desire to encourage edest lan NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2008 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 66 Policy .,- No: General. Plan Polfcyt. ConsistencX Analysis access and connections between land uses. 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 Notify cultural organizations, including Native American American representatives before adopting or amending a organizations, of proposed development that have the general plan. The City has complied with the NR 18.3 potential to adversely impact cultural resources. Allow requirements of SB 18 by submitting a request to the qualified representative of such groups to monitor Native American Heritage Commission (NAHC). In grading and /or excavation of development sites. addition, the City also 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. Reguire'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 vantage points along Newport Center Drive will not public vantage points, as shown in Figure NR3. be significantly altered as a result of project implementation. The development would not be visible from this Coastal View Road because of the landscaping . and development 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 regulations that have been proposed by the applicant. Continue to regulate the visual and physical mass of The City will ensure that these regulations do not NR 22.1 structures consistent with the unique character and compromise the unique aesthetic character of the City. visual scale of Newport Beach. As previously indicated, the proposed project, which is subject to site plan review, has been designed to meet the development standards prescribed by the City, including building heights, landscaping, lighting, setbacks, etc. Safety Element The proposed structures will be designed in accordance Conduct further seismic studies for new development with current adopted codes and regulations, including the S 47 in areas where potential active faults may occur. California Building Code, which prescribe the design standards for new development to protect life and property. Noise Element N 1.1 Require that all proposed projects are compatible with Re The proposed use is consistent with the noise parameters noise environment throw h use of Table N2, and rescribed in Table N2. The proposed golf course NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2008 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 67 Policy - - No:- General Plan Polie � Consistency Analysis enforce the interior and exterior noise standards shown clubhouse use is consistent with the land use noise in Table N3. compatibility matrix based on noise levels that do not exceed 75 dBA CNEL. Require the employment of noise mitigation measures for existing sensitive uses when a significant noise Noise mitigation measures have been prescribed to N 1.8 impact is identified. A significant noise impact occurs ensure that construction noise impacts are reduced to a when there is an increase in the ambient CNEL less than significant level. produced by new development impacting noise sensitive uses. Enforce interior and exterior noise standards outlined Aside from short-term construction noise impacts, no in Table N3, and in the City's Municipal Code to ensure sensitive. receptors would be affected by project N 4.1 that sensitive noise receptors are not exposed to Implementation following completion of the proposed golf excessive noise levels from stationary noise sources, course clubhouse. Both interior and exterior noise levels such as heating, ventilation, and air conditioning of that facility will comply with the adopted standards. equipment. Construction hours will comply with the limits established Enforce the Noise Ordinance noise limits and limits on by the City of Newport Beach and prescribed in the Noise N 4.6 - hours of maintenance or construction activity in or Ordinance. In addition, operational noise associated with adjacent to residential areas, including noise that - the proposed golf course clubhouse would also be results from in -home hobby or work - related activities. regulated by the City's Noise Ordinance. Construction hours will be limited to those stipulated in the N 5.1 Enforce the limits on hours of construction activity. City's Noise Ordinance, which will be strictly enforced by the City of Newport Beach. 'Because the project is not located within the harbor area, policies articulated in the Harbor and Bay Element are not applicable. General Plan Amendment According to the General Plan Land Use Element, the subject site is designated as PR (Park and Recreation) and Table LU2 identifies the maximum development limit of 35,000 gross square feet per Anomaly No. 74. The proposed golf course clubhouse and bag storage encompass a total of 54,819 square feet'. The applicant is proposing to increase the development limit to 56,000 square feet ,2 which exceeds the adopted allocation 35,000 square feet for the anomaly area by 21,000 square feet. Therefore, the proposed project will require the approval of a general plan amendment, subject conditions prescribed in the Charter Section 423, which was adopted by the City of Newport Beach in 2000. Charter Section 423 City Council Policy A -18 requires that proposed General Plan amendments be reviewed to determine if a vote would be required. If a project generates more than 100 peak hour trips, 40,000 square feet of non- residential floor area, or exceeds 100 dwelling units, a vote of the citizens would be required if the City Council approves the requested Amendment. The proposed amendment is seeking approval of 21, 000 square feet of non - residential floor area and does not includes any dwelling units. The proposed project generates no additional traffic when compared to the existing golf course, based on Institute of Traffic Engineers (ITE) trip generation rates. As indicated in Table 10, project implementation would not necessitate voter approval of the proposed project because it does not exceed the minimum threshold for maximum floor area (i.e., 40,000 square feet) established by Charter Section 423 for voter approval. 'In addition, an 8,565 square foot maintenance building, a 5,704 square foot cart barn, 630 square feet of men's and women's restroom facilities, 180 square feet snack bar, and 140 square foot starter shack are also proposed; however, these structures are not counted in the maximum structural floor area allocated in the General Plan for Anomaly No. 74. 'The difference of 1,181 square feet (56,000 - 54,819) will be reserved for future growth /expansion. NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2008 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 68 Table 10 Charter Section 423 Evaluation Newport Beach Country Club Charter Section 423 Criterion Threshold Proposed Project Exceeds Threshold? A.M. Peak Hour Traffic 100 Trips 0.00 No P.M. Peak Hour Traffic 100 Trips 0.00 No No. of Dwelling Units 100 0 No Maximum Floor Area 40,000 Square Feet 21,000 No yin excess of allocated floor area established in the General Plan. SOURCE: Charter Section 423 Based on the Charter Section 423 parameters, implementation of the proposed project would result in no change in the number of vehicle trips. As indicated in Table 11, no net change in project - related trip generation would occur because the applicant is not proposing any uses that would result in an increase in trip generation as compared to the existing condition. Table 11 Charter Section 423 Trip Generation Newport Beach Country Club 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 12. I Trip Generation AM .: PM Land Use Size Rate. Peak Hour Peak Hour Existing Trip Generation Golf Course 132 Acres 0.21 a.m. tripslacre 27.72 39.60 0.30 p.m. trips/acre Total 1 27.72 39.60 Proposed Trip Generation Golf Course 132 Acres 0.21 a.m. tripslacre 27.72 39.60 0.30 .m. trips/acre Total 27.72 39.60 Project- Related Change 0.00 0.00 SOURCE: Charter Section 423 City of Newport Beach Planning Department 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 12. 10 2.1.2 -1 2.2.1 -1 2.2.1 -2 2.8.7 -2 2.8.7 -3 2.9.3 -1 NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2008 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 69 Table 12 Coastal Land Use Plan Policy Analysis Newport Beach Country Club CLUP Land uses and new development in the coastal zone shall be consistent with the Coastal Land Use Plan Map and all applicable LCP policies and regulations. I he proposes project. is consistent win the Iano use designation on the adopted Coastal Land Use Plan, which designates the site OS (Open Space).. This designation allows for golf courses, which would remain on the site. The project proposes only to replace the existing golf course clubhouse and ancillary structures, which would not result in a change in the land use designation. 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 Develooment Policies Continue to allow redevelopment and infll development within and adjacent to the existing developed areas in the coastal zone subject to the density and intensity limits and resource protection policies of the Coastal Land Use Plan. Require new development be located in areas with adequate public services or in areas that are capable of having public services extended or expanded without significant adverse effects an coastal resources. Residential Require new development to provide adequate drainage and erosion control facilities that convey site drainage in a non - erosive manner in order to minimize hazards resulting from increased runoff, erasion and other hydrologic impacts to streams. Require applications for new development, where applicable (i.e., in areas of known or potential geologic or seismic hazards), to-include a geologic/soils /geotechnical study that identifies any geologic hazards affecting the proposed project site, any necessary mitigation measures, and contains a statement that the project site is suitable for the proposed development and that the development will be safe from geologic hazard. Require such reports to be signed by a licensed Certified Engineering Geologist or Geotechnical Engineer and new development to avoid use configurations or parking management programs that are difficult to maintain and enforce. the development that could occur within the limits of the 132 -acre NBCC Planned Community. The proposed project will be subject to the provisions of Charter Section 423 as it requires a General Plan Amendment to increase the development - limit from 35,000 square feet to 56;000- square feet. No change /amendment to the CLUP is I ne proposea project is iocatea in an area or me ary or Newport Beach that is adequately served by a range of public services and utilities, including police and fire protection; circulation; sewer, water and storm drains; and electricity and natural gas. Adequate service will continue to be provided to the proposed uses. The provision of those public services and utilities will not result in any The project site is not located in the vicinity of a stream. However, as required by the NPDES permit, a SWPPP will be prepared and will establish both structural and non- structural BMPs in order to reduce sedimentation and erosion during the construction phase. These measures will be incorporated in the grading /erosion control plans submitted to the City of Newport Beach. In.addition, the proposed project includes long -term BMPs to address With the exception of the potential effects of moderate to strong seismic shaking, the subject property is not located in an area characterized by potential coastal hazards. Preliminary geotechnical design parameters for the proposed project would be based on subsurface exploration and laboratory testing of the site soils as required in -a preliminary geotechnical investigation. The proposed structures will be constructed based on those design parameters as well as parameters prescribed in the California Building Code. The proposed project includes adequate parking to accommodate the proposed golf course clubhouse and ancillary facilities as demonstrated by two studies (Austin NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2OO8 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 70 Policy No, CLOP Policy Consistency Anal sis Foust Associates and Kimley -Horn and Associates. Both studies concluded that the on -site parking will be adequate to accommodate the proposed project. In addition, off -site parking that will also be available for special events will supplement the on -site parking to provide adequate parking for those events. A total of 348 parking spaces is provided in the plan, including 45 spaces at the entry level, 224 spaces in the lower lot, and 74 spaces in the upper lot, which would be used for valet parking during special events. There will also be 5 spaces in the service yard. The 348 parking spaces proposed by the applicant exceeds the ITE parking requirement of 186 by 162 spaces. The parking plan provides for a surplus of 14 parking spaces based on the proposed PC Development Plan parking requirements. Any additional parking required for special events - occurring at the golf course would be prescribed by the City and must be provided prior to issuance of such permit. However, adequate parking has been provided based on the existing /proposed parking requirements for the golf course. Continue to require new development to provide off - street The proposed project provides adequate parking based 2.9.3-2 parking sufficient to serve the approved use in order to on the PC Development regulations. As indicated above, minimize impacts to public on- street and off- street a surplus of 14 parking spaces is available. No impacts parking available for coastal access. - 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 parking pursuant to the off - street parking ct sit ct sit Th e project site does not have tlirect coasts) access (refer regulations of the Zoning Code in effect as of October 13, to Policy 1). 2005. The parking provided meets the minimum requirements for dimensions and clearance; access to the parking is adequate. Access to the parking lot will be provided through a guardhouse at the main entry, which would operate during special events held . at the Newport Beach Country Club. A secondary access point from Irvine Continue to require off - street parking in new development Terrace will be maintained along an existing easement 2.9.3 -5 to have adequate dimensions, clearances, and access to that extends along the southern limits of the lower parking insure their use. lot, which parallels East Coast Highway. The secondary access point will be moved approximately 85 feet northerly along Irvine Terrace, reducing a potential conflict with the signalized intersection. This access will maintain the easement across the site, provide an entry point for deliveries, and provide access to the parking lot during special events. Shoreline and Bluff To Access Although the subject property is located within the City's 3.1.1 -11 Require new development to minimize impacts to public coastal zone, it Is not located along the Newport Beach access to and along the shoreline. shoreline and, therefore, would not deter coastal access in any way. Consistent with the policies above provide maximum public access from the nearest public roadway to the 3.1.1 -26 shoreline and along the shoreline with new development As indicated above, direct shoreline access from the except where (1) it is inconsistent with public safety, subject property does not exist. military security needs, or the protection of fragile coastal resources or 2 adequate access exists nearby. Provide adequate park and recreational facilities to The proposed project encompasses 132 acres that 3.2.1 -3 accommodate the needs of new residents when allowing encompass a private golf course. Although private in new development. nature, the Newport Beach Country Club will continue to serve a segment of the City's recreational needs. Water Quality The project applicant is required to prepare and Require grading /erosion control plans to include soil implement BMPs pursuant to the SWPPP that will be 4.3.1 -6 stabilization on graded or disturbed areas. - required prior to the issuance of the grading permit for the proposed project. implementation of these construction BMPs will ensure that radio /erosion control measures NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2008 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 71 Policy No. CLUP Policy - Consistenc Anat is 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 during construction. In accordance with the WQMP and SWPPP requirements, BMPs will be required as part of the project's development in order to ensure that the potential Require measures to be taken during construction to limit discharge of pollutants of concern is minimized. The land use disturbance activities such as clearing and Conceptual WQMP prepared for the project identifies two grading, limiting - and -fill to reduce erosion and options for treating post- construction runoff, including .cut sediment loss, and avoiding steep slopes, unstable Option 1 that would provide treatment within each sub - 4.3.1-7 areas, and erosive soils. Require construction to drainage area storm filters, etc.) and Option 2, minimize disturbance of natural vegetation, including include 'own would include a single treatment element significant trees, native vegetation, root structures, and downstream that would treat stormwater generated. on the other physical or biological features important for subject property prior to its discharge. The S that preventing erosion or sedimentation, ewport will prepared and approved the City of of Newport Beach h will ensure that all appropriate BMPs are implemented to ensure that potential construction- related water quality impacts are reduced to the maximum extent practicable. Because the site has been altered and developed with an existing golf course and clubhouse, 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 Require that development not result in the degradation of some improvement in the quality of the storm and related 4.3.2 -3 coastal waters (including the ocean, estuaries and lakes) surface runoff emanating from the site will occur when caused by changes to the hydrologic landscape. compared to the existing runoff quality. As indicated above, the applicant will be required prepare a SWPPP to ensure that surface discharges that occur during the construction phase to not degrade the receiving waters. The Conceptual WQMP prepared for the project addresses treatment of the post - construction runoff. These plans must be approved by the City of Newport Beach. The proposed project will comply with all of the Develop and maintain a water quality checklist to be used requirements prescribed by the City, including the use of 4.3.2 -5 in the permit review process to assess potential water a water quality checklist, to ensure that the BMPs quality impacts. prescribed in the SWPPP and WQMP are implemented and maintained. As previously indicated, a Conceptual WQMP has been Incorporate BMPs into the project design in the following Prepared to address water quality impacts associated with progression: site design BMPs; source control BMPs, the proposed project. Site design BMPs include and treatment control BMPs. Include site design and maximizing the permeable area in the parking lot with source control BMPs in all developments. When the landscaping, paving portions of the parking lot with porous 4.3.2 -7 combination of site design and source control BMPs are pavement materials (Option 1), drive aisles will be not sufficient to protect water quality as required by the constructed to minimum widths, landscaping in the LOP or Coastal Act, structural treatment BMPs will be parking areas will be incorporated into the drainage implemented along with site design and source control design, etc. In addition, other structural BMPs would also BMPs. be incorporated into the project design in order to ensure that stormwater is adequately treated before discharging into the harbor. ' Consistent with this policy, the proposed project will be required to incorporate BMPs that address on -site retention and treatment of surface runoff. The WQMP To the maximum extent practicable, runoff should be and SWPPP will include measures to prevent the retained on private property to prevent the transport of discharge of pollutants into the storm drain system. 4.3.2 -8 bacteria, pesticides, fertilizers, pet waste, oil, engine Potential. post - construction BMPs that may be coolant, gasoline, hydrocarbons, brake dust, fire residue, implemented include storm filters, porous pavement, etc. and other pollutants into recreational waters. 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 resent time. 4.3.2-11 Require new development to minimize the creation of and Project implementation will result in an increase of 2.9 cfs '.. increases in impervious surfaces, especially directly I when compared to the existing runoff volume. This Policy 4.3.2_•12 4.3.2 -13 4.3.2 -16 4.3.2 -23 NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2008 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 72 connected impervious areas, to be maximum extent increase in runoff equates to a less than one percent practicable. Require redevelopment to increase area of increase in the existing 462 cis that currently flows in the pervious. surfaces, where feasible. existing 69 -inch RCP that transports the flours to Newport purification, and retention functions of natural drainage systems [hat 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 Site development on the most suitable portion of the site and design to ensure the protection and preservalion 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 reeuire ongoing application and maintenance as is necessary for effective operation of all BMPs (including . site design, source control, and treatment control). ttequve 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 %" of rain falling over a 24 -hour period) and the concentration of pollutants in such runoff during Only minor changes will occur to the existing drainage systems [hat accommodate runoff from the site. Surface flows evil generally be direct in the same fashion and into the same existing drainage facilities that currently accept storm runoff generated on the site. resources because it has been substantially altered by prior development as a golf course /clubhouse and the ancillary facilities. It is anticipated that some additional pervious area of the property will be improved with slruolores and impervious surfaces. No important natural andlor sensitive site resources would be adversely effected 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 (o 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. As previously indicated, a Conceptual WQMP has been prepared for the proposed project that identifies two options for treating post- construction runoff. These options will include both structural and non - structural BMPs to treat surface runoff generated on the site. visual qualities of the coastal zone, Including public views The project is not located along the ocean, bay or harbor 4.4.1 -1 and is devoid of coastal bluffs and other features bluffs and nd other scenic coastal areas. to and the ocean, bay, and harbor and to coastal identified by the City as important visual amenities. ot 4.4.1 -2 4.4.1 -6 Design and site new development, including landscaping, so as to minimize impacts to public coastal views. incorporates a hierarchy of drought- tolerant 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. The landscape plan Includes retaining existing trees on the site and supplementing those with additional species, tnciuding California fan palms. coast live oaks or Indian laurel trees, and African sumac. Similarly, shrubs and ground cover has also been identified and will be integrated into the design of the site to ensure that the landscape integrity of the site is maintained and also that of the adjacent properties is not compromised. As previously indicated, a 4 -foot high screening hedge is proposed between the upper parking lot area and the bungalows proposed for the adjacent property to ensure that the visual and aesthetic integrity between the two 4.4.2 -2 4.4.3 -12 4.4.3 -15 4.5.1 -1 4.5.1 -2 4.5.1 -3 NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2008 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 73 CLUP Continue to regulate the visual and physical mass of structures consistent with the unique character and visual scale of Newport Beach. 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 Design and site new development to minimize the removal of native vegetation, preserve rock outcroppings, and protect coastal 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. Require a. qualified paleontologisvarcnaeoiogist to monitor 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. significantly altered as a result of project implementation. The development would not be visible from this Coastal View Road because of the landscaping and development that exists along the roadway, which blocks and /or filters The proposed development includes only a new but larger golf course clubhouse. As previously indicated, the proposed project complies with the development standards prescribed by the City, including building height, setback from East Coast Highway, etc. In addition, the incorporation of variable roollines into the proposed clubhouse is complementary to and is in The site has been substantially altered by past development; however, on -site drainage will be designed to maximize the use of natural drainage systems. The BMPs identified in the Conceptual WQMP prepared for the proposed project identify water quality devices to treat stormwater generated on -site prior to its discharge into the harbor. The site has been substantially altered by development of the existing golf course and ancillary facilities, including the clubhouse. 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 The proposed project includes the redevelopment of an existing golf course clubhouse, which has 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 Native American has indicated that the site in located in an area where numerous cultural resource sites have been encountered. Therefore, 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 A qualified archaeological /paleontological monitor will be contacted during the grading and landform alteration phase in the event that human remains, cultural resources and /or fossils are encountered during construction activities. In addition, a Native American will also have the opportunity to monitor the grading activities. Ground - disturbing excavations in the vicinity of the discovery shall be redirected or halted until the monitor has determined the significance of the resources. Because the project requires the approval of a General Plan Amendment, the City has notified representatives of the appropriate Native American organizations as mandated by SB18. The site has been altered by grading and development that has occurred in the past; therefore, it is unlikely that potential impacts to cultural resources would occur; however, a qualified archaeological monitor 4.5.1 -4 4.5.1 -5 4.6-9 NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2008 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 74 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 Wnere tnere is a potential to arrect cultural or paleontological resources, require the submittal of an archaeological /cultural resources monitoring plan that identifies monitoring methods and describes the procedures for selecting archaeological and Native American monitors and procedures that will be followed if additional or unexpected archaeological /cultural resources are encountered during development of the 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 Environmental Re 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 statements that the project site is suitable for the proposed development and that the development will be safe from geologic hazard for its economic life. For development on coastal bluffs, including bluffs facing Upper Newport Bay, such reports shall include slope stability analyses and estimates of the long -term average bluff retreat rate over the expected life of the 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 community (Mr. Alfred Cruz of the Juaneno Band of Mission Indians), Native American representatives will have the opportunity to monitor the site during the grading 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. As indicated above, it is not anticipated that cultural resources would be encountered based on the level of disturbance that has taken place on the site. However, should such resources be encountered during grading and construction, all grading will be halted or redirected to avoid impacts and allow proper evaluation and disposition of the resources. A geological assessment will be prepared (refer to Section VI of this analysis), which describes the potential geotechnical constraints (e.g., settlement, ground shaking, etc.) that affect site development. Several recommendations have been identified to ensure that the proposed structures and project components are adequately protected from potential soils, geologic and seismic conditions. 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 as a private golf course. 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. NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2008 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 75 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 as a private golf course. Neither the Newport Beach General Plan (Land Use Element and/or Recreation and Open Space Element) nor the State of California Department of Conservation 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. 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 course club house and ancillary facilities) 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 Clubhouse. Construction activities, especially heavy equipment, will create short-term noise increases near the project site during construction. Based upon the traffic /circulation analysis discussed in Section XV of this study, vehicular traffic volumes on area roadways around the proposed project are predicted to remain the same with no change in area -wide traffic noise. Project activities will entail outdoor activities and limited indoor activities. Outdoor recreational activities at the,Country Club are low key (i.e., golf) and represent a continuation of existing private golf activities. No impact analysis was therefore conducted for outdoor recreation. 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. 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 the same as for other NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2008 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 76 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, which are approximately 50 feet from the nearest construction activity. Construction activity vibration impacts are anticipated to be as less than significant. 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 private golf country club. The surrounding area is developed with residential uses to the northeast and southwest. The site is bounded by Newport Center Drive to the east, East Coast Highway to the south and Santa Barbara Drive to the north. Noise measurements were made in order to document existing baseline levels in the area. On -site noise levels in the project vicinity are in the 55 -60 dB range. As discussed above, noise meters placed in the approximate location of the proposed site demonstrated existing CNELs of 55 dB CNEL to 60 dB CNEL. As discussed in Section XV of this report, in year 2009, the section of East Coast Highway 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 feet from the centerline, 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 one percent growth rate per year for traffic along East Coast Highway. Assuming area buildout occurs in 2020, there would be almost 40,000 vehicles along East Coast Highway each day, resulting in a +0.4 dB increase over existing noise levels. Therefore the future noise level would be indistinguishable from existing CNEL levels in the upper 50 dB range. The project also includes the reconfiguration of the existing parking lot and would provide approximately 348 parking spaces, including 45 spaces at the entry level, 233 spaces in the lower lot, 74 spaces in the upper lot and 5 spaces in the service yard. Parking lot activities are sporadic but with a morning and evening peak hour volume. Existing peak hour traffic volume is 40 vehicles per hour in the morning and 49 vehicles per hour in the afternoon. 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 grading activities, then by foundation and parking lot construction, and finally for building 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. NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2008 -152) . INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 77 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 for the proposed project requires import of 39,055 cubic yards of earth material. At 15 cubic yards per truck capacity, this would necessitate 2,604 round trips (a full truck in and an empty truck out), or 5,207 one -way trips (2,604 x 2). Grading is assumed to take place over a 26 week period. Utilizing a 26 week time frame, there would be 40 truck trips per day associated with dirt haul. The noise level from 44 truck passages per day at 45 mph is 66.6 dB CNEL at 50 feet from the roadway centerline. Although it is unlikely that all the trucks will travel the same route, a worst case analysis is presented based on this assumption_ This noise signature was overlaid on the existing traffic noise on area roadways as reflected in Table 13. Table 13 Construction - Related Mobile- Source Noise Newport Beach Country Club As indicated above, the maximum noise increase along area arterials resulting from the increase in haul trucks is 2.3 dBA CNEL, which is less than the +3.0 dB significance threshold if all trucks traveled along Newport Center Drive. In reality, trucks will likely utilize several routes and thereby dilute the maximum noise impacts reflected in Table 13. However, even if all trucks were to utilize the same route the maximum noise impact associated with truck haul from grading activities is less than significant. According to the City of Newport Beach Municipal Code, noise generating construction activities are permissible between 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. 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? Less than Significant 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 132 -acre 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 General Plan Amendment and PC Text Adoption 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. Existing Noise Noise from Noise Existing ADT (50 feet from Earthworks Increase from Roadway veh/day) centerline) Trucks. Trucks MacArthur Boulevard 33,027 73.0 dB CNEL 66.6 dB CNEL 0.9 dB CNEL South of San Miguel East Coast Highway 35,660 73.4 dBCNEL 66.6 dB CNEL 0.8 dB CNEL Jamboree to Newport Center Dr. Jamboree Road 30,629 72.7 dB CNEL 66.6 dB CNEL 1.0 dB CNEL South of Santa Barbara Newport Center Drive 10,791 68.2 dB CNEL 66.6 d6 CNEL 2.3 dB CNEL South of Anaca a SOURCE: Giroux & Associates (September 2009 As indicated above, the maximum noise increase along area arterials resulting from the increase in haul trucks is 2.3 dBA CNEL, which is less than the +3.0 dB significance threshold if all trucks traveled along Newport Center Drive. In reality, trucks will likely utilize several routes and thereby dilute the maximum noise impacts reflected in Table 13. However, even if all trucks were to utilize the same route the maximum noise impact associated with truck haul from grading activities is less than significant. According to the City of Newport Beach Municipal Code, noise generating construction activities are permissible between 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. 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? Less than Significant 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 132 -acre 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 General Plan Amendment and PC Text Adoption 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. NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2008 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 78 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. Therefore, no significant impacts will occur as a result of project implementation and no mitigation measures are necessary. Mitigation Measures MM -5 During construction operations, the applicant or contractor shall provide evidence to the City that all construction equipment, stationary and mobile is equipped with properly operating and maintained muffling devices. MM -6 Prior to issuance of a grading permit, the applicant or contractor shall prepare a Construction Management Plan (CMP), which confirms that potential project - related and cumulative construction noise levels are minimized and do not exceed levels prescribed in the City's Noise Ordinance. The CMP shall include a requirement that the construction contractor must notify the nearby 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 Prior to occupancy, 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 and be installed with a timing device that will deactivate the equipment during the hours of 10:00 p.m. to 7:00 a.m. 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? No Impact. The proposed project includes only the demolition of the existing golf course clubhouse and ancillary structures, its reconstruction. No new or unplanned development is proposed that would induce substantial population growth. Furthermore, no new residential development is proposed. 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, which is a private recreational amenity in the City of Newport Beach. 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. NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2008 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 79 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 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 California Fire Code (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.. No residential development is proposed that would generate school -age children. New or expanded school facilities would not be required as a result of project implementation. However, as indicated above, the project applicant must pay the applicable school fee for non - residential projects to the school district, pursuant to Section 65995 of the California Government Code. No significant impacts would occur as a result of project implementation and no mitigation measures are required. Other public facilities? No Impact. The proposed project includes only the demolition of an existing use (i.e., golf clubhouse and ancillary structures), which will be replaced by a larger clubhouse in the same general area. As a result, an increased demand for other public services NEWPORT BEACH COUNTRY CLUB. PLANNED COMMUNITY (PA2008 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 80 is not 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? No Impact. The project will not result in the construction of any residential homes on the site. The subject site is located in Service Area 9 (Newport Center), which currently supports 19 acres of existing parkland, exceeding the 10.9 acres of parkland `needs" based on the City's current requirements. Because no residential development is proposed that would create a demand for public recreation within the City, the applicant would not be subject to the payment of in -lieu park fees required for residential subdivisions pursuant to Title 19 of the Newport Beach Municipal Code. Therefore, 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. As indicated above, no residential development is proposed and, no additional residents would be generated by the project that would result in potential impacts to recreational facilities in the City of Newport Beach. 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 XVI. TRANS PORTATIONITRAFFIC 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 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. However, once grading has been completed, the number of heavy trucks entering and leaving the project area would be limited to those transporting equipment and materials to the site. It is anticipated that 39,055 cubic yards of earth material would be imported to accommodate the proposed grading plan for the clubhouse and parking lot reconstruction. Based on 15 cubic yards per heavy truck, the importation of earth material would generate approximately 2,604 heavy truck trips during the site preparation phase. 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 haul NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2008 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 81 trucks and construction vehicles would create a temporary, short -term impact to vehicles using neighboring streets (East Coast Highway) 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., haul trucks, 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. Based on trip generation rates for a golf course, which are based on the number of holes or the number of acres of the golf course, the proposed project will not result in an increase in trips to and from the site (refer to Table 14). This is because the clubhouse and ancillary structures are considered to be part of the golf course site. Since the trip generation estimates for a golf course would change only if the number of holes or the number of acres changed, the increase in floor area of the related golf course facilities will not result in a change in trip generation. Since the proposed Newport Beach Country Club project would generate the same number of daily (643 trips /day) and peak hour trips (40 a.m. peak hour trips and 49 p.m. peak hour trips) as the existing development, a detailed traffic analysis was not required. However, because of the adjoining development of the tennis club project, a traffic and parking /circulation evaluation has been prepared. Based on that analysis, with the implementation of the proposed tennis site, which consists of the elimination of 17 tennis courts, and the development of the site with a tennis clubhouse /spa, 27 "hotel" units, and five single - family semi - custom lots, trip generation on that site would decrease by approximately 25 percent from that currently generated by the existing tennis complex (i.e., 129 trips per day to 94 trips per day). Therefore, 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. Table 14 Summary of Project Trip Generation Newport Beach Country Club Land Use Unit Trip ,Generation Rates AM Peak Hour I PM Peak Hour Daily In Out Total . In Out Total - Golf Course Hole 35.74 1.76 0.47 2.23 1 1.23 1.51 2.74 Land Use Unit Trip Generation Estimates AM Peak Hour PM Peak Hour Daily In I Out Total in out Total Existing m Develo ent Golf Course 18 Holes 643 32 8 40 22 27 49 'Trip generation rates from Institute of Transportation Engineers (ITE) Trip Generation (8'h Edition). The trip generation rates in this table differ from those used to evaluate Charter Section 423 thresholds in Table 11. SOURCE: Keeton Kreitzer Consulting A consistency analysis was presented in Section IX (Land Use and Planning), which evaluated the project's consistent with relevant policies of the Newport General Plan, including those articulated in the Circulation Element, and the Coastal Land Use Plan. As indicated in that analysis, the proposed project is consistent with the applicable policies of the Circulation Element. NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2008 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 82 b) Conflict with an applicable congestion management program, including, but not limited to level of service standard and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? No Impact. As previously discussed [refer to Section X.b (Land Use and Planning)], the project does not generate more than 100 peak hour trips or propose 40,000 square feet of non - residential floor area. No additional traffic, when compared to the existing golf course, would be generated by the proposed project. Therefore, the project does not require voter approval pursuant to Charter Section 423. As indicated in Table 14 in Section XVI.a, project implementation will result in the same number of vehicular trips as currently generated by the existing clubhouse /golf course (i.e., 27.72 a.m. peak hour trips and 39.6 p.m. peak hour trips). Furthermore, because the proposed project does not generate additional vehicular trips, it is not subject to the County's Congestion Management Program (CMP); a CMP analysis is not required. As a result, intersection operations would not be adversely affected by project - related traffic. Therefore, the proposed project would not contribute to either the long -term or cumulative degradation of any intersection in the project environs. No significant 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 clubhouse building is 49'- 6" measured from the natural grade within the permitted 32150 height zone. As a result, neither the proposed clubhouse nor the ancillary structures would necessitate any changes in the air traffic patterns because the project site is not 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 with Mitigation Incorporated. 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 -13), which is required by the City of Newport Beach, would ensure that any conflicts resulting during the construction phase would be minimized. The proposed improvements to the golf course clubhouse proposed by the applicant, who is the long -term lease- holder, have also been evaluated along with the proposed development plan submitted by the property owner, which includes the golf course clubhouse and the adjacent tennis complex. Several inconsistencies have been identified between the two plans, resulting in circulation conflicts that require resolution. These conflicts are identified below and measures to rectify the circulation conflict are presented to mitigate them. The proposed development plan retains the secondary entrance and access road that parallels East Coast Highway along the south edge of the golf course parking lot. The two -way access road would be retained and stay connected to a drive aisle located at the southwest corner of the property to provide access to and from the maintenance buildings and delivery dock for the clubhouse. Service and delivery vehicles would also use this access road for deliveries without inter - mixing with the general member and guest traffic. It will also be available for access to the parking lot during special events. NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2008 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 83 The service access road also provides vehicular access to the Armstrong Garden Center business located immediately west of the subject property, and which has an access easement with the underlying fee owner to use the access road. The intersection of the existing access road with Irvine Terrace creates an awkward and non - standard intersection immediately adjacent to the four -way signalized intersection at Irvine Terrace and East Coast Highway. The site plan proposes to improve the operation of the traffic signal at Irvine Terrace and East Coast Highway by moving the easterly end of the access road approximately 85 feet to the north of where it currently intersects Irvine Terrace. e) Would the project result in inadequate emergency access? Less than Significant Impact. Access to the parking lot will be provided through a guardhouse at the main entry, which would operate during special events held at the Newport Beach Country Club. A secondary access point from Irvine Terrace will be maintained along an existing easement that extends along the southern limits of the lower parking lot, which parallels East Coast Highway. The secondary access point will be shifted approximately 85 feet north along Irvine Terrace and maintain access across the site to the Armstrong Garden Center. The access will also provide an entry point for deliveries. Adequate emergency access exists to serve 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) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities? Less Than Significant Impact. As indicated in Table 9, the proposed project is consistent with long - range plans and policies articulated in the Newport Beach General Plan. 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 East Coast Highway. The project is located in proximity to existing retail and commercial development. No significant impacts are anticipated and no mitigation measures are required. Mitigation Measures MM -8 Prior to issuance of grading permits for the proposed project by the long -term lease holder and /or the redevelopment of the adjacent tennis complex as proposed by the underlying property owner, whichever occurs first, the circulation conflict at Irvine Terrace /Country Club Drive shall be resolved by one of the following methods. a. The proposed project shall be modified to shift Country Club Drive approximately 30 feet to the south to accommodate the tennis complex redevelopment plan; or b. The bungalow units proposed adjacent to the site on the north side of Country Club Drive proposed by the property owner as part of application PA 2005 -140 shall be modified, reoriented, reduced, or shifted to the north to avoid the road in its current alignment; or C. Some combination or modification of both plans shall be devised that would reconcile the discrepancy between the two plans. MM -9 Prior to the issuance of a grading permit, the existing access easement shall be revised so as to relocate its intersection with Irvine Terrace 85 feet northerly of where it currently exists. The new location shall be approved by the City Traffic Engineer prior to recordation. MM -10 Prior to the issuance of a grading permit, the applicant or 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. NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2008 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 84 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 that 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 ensure safety. If 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 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. a) Would the project exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? Less than Significant 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. Because the golf course clubhouse currently exists, the site currently generates approximately 5,000 gallons per day of raw sewage.' Upon completion of the proposed project, that amount is expected to double to approximately 10,250 gallons per day based on the gross floor area of the proposed clubhouse. The raw sewage generated by the project would be disposed into the existing sewer system and would continue to be transported to OCSD Treatment Plant No. 2, which has 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 treatment needs for the proposed reconstructed clubhouse 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 golf course clubhouse on the site. The proposed project is within the land use projections of the City, which are the basis of future water demands and wastewater generation within ' Sewage generation rate of 200 gallons /day /1,000 square feet of commercial floor area (Final EIR, Newport Beach General Plan). NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2008 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 85 Newport Beach. Assuming a water demand factor similar to the sewage generation factor for commercial development (i.e., 200 gallons /day /1,000 square feet), the proposed project would generate a demand for approximately 10,250 gallons of domestic water per day, compared to the existing demand of about 5,000 gallons per day. 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 based on the City's Urban Water Management Plan (UWMP). Satellite - linked irrigation controllers or appropriate best management practices will be incorporated into the landscape design for the new construction, which would be expected to reduce water demand. In addition, drought tolerant landscaping will also be encouraged within the PC, which would also result in lower water demands for irrigation. 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, in -tract facilities will be incorporated into the project design 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 XVI.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 (UWMP), 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. 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 would increase water use within the City, thus increasing the need for water treatment services. However, as indicated above, the proposed project includes only the demolition of the existing smaller clubhouse and the reconstruction of a larger clubhouse approximately 100 feet south of the existing clubhouse location within the PC. As a result, the demand for domestic water would increase to approximately 10,250 gallons per day from the existing demand of about 5,000 gallons per day. As previously indicated, 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. Although the proposed project exceeds the maximum floor area permitted in the General Plan, future water demand based on the General Plan projections would not be increased significantly with the addition of the proposed development, which would increase demand by about 4,000 gallons per day over the maximum floor area permitted by the Land Use Element for the subject property. The demand created by the proposed project would exceed the City's long -range projections for development that are the basis of water demands in Newport Beach; however, 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 NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2008 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 86 and practices in new construction. The PC Development Plan includes water conservation techniques that would be incorporated into the project design to ensure that domestic water demands are minimized. Specifically, water conservation measures will be required on the proposed project. 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 XVI.b above. As indicated in that response, the proposed project includes only the reconstruction of an existing clubhouse (albeit a larger facility) within Sub -Area 1 of the PC Development Plan area. No significant additional raw sewage would be generated by the proposed project. Adequate sewer collection, conveyance and treatment facilities exist to accommodate the incremental increase in raw sewage resulting from the development of the proposed project. Therefore, no impacts are anticipated and no mitigation measures are required. 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. 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. Long -term solid waste generation would be expected to be similar to that currently generated by the existing clubhouse because no change in the use is proposed. Therefore, no significant increase in refuse would be anticipated as a result of the reconstruction of the clubhouse and ancillary facilities. With the remaining capacity of approximately 44.6 million tons, as well as a 16 -year lifespan 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 serve the site and the proposed use. No significant impacts are anticipated and no mitigation measures are required. 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 NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2008 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 87 XVIII. MANDATORY FINDINGS OF SIGNIFICANCE The environmental analysis conducted for the proposed project indicates that although the proposed Newport Beach Country Club 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 a private recreational use (i.e., golf course and clubhouse) and has been altered from its natural state. As a result, it does not support sensitive habitat and /or sensitive plant or animal species. Therefore, the proposed project would not 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 Newport Beach Country Club as proposed would result in a negligible difference in long -term environmental effects associated with use of the site. Project implementation would result in the same number of vehicular trips and, therefore, no change in traffic conditions when compared to the existing use of the site. No significant impacts to biological resources, cultural resources, mineral resources, population and housing, agricultural resources or other environmental issues would occur. In addition, the proposed project would result in a similar 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 as a result of the implementation of BMPs and water quality features that would be implemented with the proposed project. 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. 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 Gould 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 (PA2008 -152) INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Page 88 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. Newport Beach Country Club Planned Community Development Plan (Development Proposal); July 2009. 2. Newport Beach Country Club Planned Community Development Plan (Land Uses, Development Standards & Procedures); July 8, 2008. 3. Environmental Information Form; Newport Beach Country Club Planned Community; CAA Planning; July 28, 2008, 4. Traffic and Parking Evaluation for the Proposed Newport Beach Country Club Project in the City of Newport Beach; Kimley Horn and Associates, Inc.; September 2009. 5. Air Quality Analysis for the Newport Beach Country Club Project; Giroux & Associates; September, 2009. 6. Noise Assessment for the Newport Beach Country Club Project; Giroux & Associates; September, 2009. 7. Phase I Environmental Site Assessment Newport Beach Country Club; Ninyo & Moore; December 5, 2008. 8. Newport Beach Country Club Parking Management Plan; Austin -Foust Associates, Inc.; June 21, 2010. MITIGATION MONITORING AND REPORTING PROGRAM FOR NEWPORT BEACH COUNTRY CLUB — NEWPORT BEACH COUNTRY CLUB, INC. (PA2008 -152) January 24, 2012 MMRP — Newport Beach Country Club, Inc. (PA2008 -152) Page 2 (MITIGATION MONITORING AND REPORTING PROGRAM In accordance with the California Environmental Quality Act (CEQA), the City of Newport Beach prepared a Mitigated Negative Declaration (MIND) and Initial Study for the proposed Newport Beach Country Club project located in the City of Newport Beach. The MND indicated that there would not potential adverse environmental impacts to the project. 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. MMRP — Newport Beach Country Club, Inc. (PA20O8 -152) Page 3 Table 1 Notations: SC: Standard Condition PDF: Project Design Feature MM: Mitigation Measure SC /MM Method of Timing of No. Mitigation Measure Verification Implementation 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. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating SC -1 Engineering Society of North America, or, if in Approval of Prior to issuance of Planning the opinion of the Planning Director, the photometric study building permit Division 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. 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 contaminants or other materials that cause injury, detriment, nuisance or annoyance to any considerable number of persons or to the Periodic onitorin c g During construction Community SC -2 public, or which endanger the comfort, repose, during construction activities Development health, or safety of any such persons or the Department public, or which cause, or have a natural tendency to cause injury or damage to business or property to be emitted within the SoCAB. Adherence to SCAQMD Rule 403, which sets - requirements for dust control associated with Periodic monitoring During construction Community SC -3 grading and construction activities. during construction activities Development Department Adherence to SCAQMD Rules 431.1 and 431.2, Periodic monitoring During construction Community SC -4 which require the use of low sulfur fuel for during construction activities Development stations construction equipment. Department SC -5 Adherence to SCAQMD Rule 1108, which sets Periodic monitoring During construction Community Development limitations on ROG content in asphalt. during construction activities Department MMRP — Newport Beach Country Club, Inc. (PA2008 -152) Page 4 SC /MM I Method of Timing of No. Mitigation Measure Verification Implementation Responsibility Adherence to SCAOMD Rule 1113, which sets periodic monitoring During construction Community SC -6 limitations on ROG content in architectural during construction activities Development coatings. Department Adherence to Title 24 energy - efficient design requirements as well as the provision of window Submit evidence of SC -7 glazing, wall insulation, and efficient ventilation compliance during Prior to issuance of Building methods in accordance with the requirements of building plan check building permits Division the Uniform Building Code. process Biological Resources - No significant impacts to biological resources are anticipated and no mitigation measures are required. Cultural Resources 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 that 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 Submit proof of monitor until the find has been salvaged. The qualified SC -8 area surrounding any cultural materials or fossils archaeological/ Prior to issuance of Planning encountered during grading shall also be Paleontological grading permit Division investigated to determine the extent of the site. monitor 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. The City shall provide an opportunity for a Native American representative to monitor excavation Submit proof of MM -1 activities. The representative shall be determined Native American Prior to issuance of Planning by the City based on input from concerned Native observer grading permit Division American tribes (i.e., Gabrielino, Juaneno, and Ton vas. Geology and Soils Prior to issuance of the grading permit, an Approval of erosion Prior to issuance of Building MM -3 erosion control plan shall be submitted to and control plan grading permit Division approved b the City's Chief Building Official. Prior to issuance of a grading permit, the applicant shall submit a soils engineering report and final geotechnical report to the City's Chief Submittal of soils Building Official for approval. The project shall engineering repot Prior to issuance of Building MM -4. be designed to incorporate the and final grading permit Division recommendations included in those reports that geotechnical report address site grading, site clearing, compaction, bearing capacity and settlement, lateral pressures, footing design, seismic design, slabs MMRP — Newport Beach Country Club, Inc. (PA2008 -152) Page 5 SC /MM Method of Timing of No. Mitigation Measure Verification Implementation Responsibility on grade, retaining wall design, subdrain design, concrete, surface drainage, landscape maintenance, etc. Greenhouse Gas Emissions Submit evidence of SC -9 All new buildings shall meet Title 24 compliance during Prior to issuance of Building requirements. building plan check building permit Division process Water conservation design features shall be Planning SC -10 incorporated into building and landscape Submit evidence of Prior to issuance of Division and designs. compliance building permit Public Works Department Hazards and Hazardous Materials Prior to any disturbance of the construction materials within the Golf Clubhouse and /or the Tennis Clubhouse, a comprehensive asbestos containing materials (ACM) and lead based paint (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 Submit ACM and Prior to issuance of SC -11 ACM and LBP shall be followed in accordance LBP survey and site demolition permit for Building with federal, state and local regulatory inspection buildings Division 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 California Code of Regulations Section 1532.1, which provides for exposure limits, exposure monitoring, respiratory periodic monitoring SC -12 protection, avid good working practice by during demolition During demolition, Building workers exposed to lead. Lead - contaminated and site inspection grading and excavation Division debris and other wastes shall be managed and disposed of in accordance with the applicable provision of the California Health and Safety Code. Hydrology and Water Quality The applicant has prepared a Conceptual WQMP 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. In addition, implementation of BMPs that will be included in the SWPPP will ensure that construction impacts are minimized. Similarly, BMPs will also be MMRP — Newport Beach Country Club, Inc. (PA2OO8 -152) Page 6 SC /MM I Method of Timing of I No. I Mitigation Measure Verificat Implementation Responsibility 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. 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 During construction operations, the applicant or contractor shall provide evidence to the City that Submit construction During construction Building MM -5 all construction equipment, stationary and schedule and site mobile is equipped with properly operating and inspection operations Division maintained muffling devices. Prior to issuance of a grading permit, the applicant or contractor shall prepare a Construction Management Plan (CMP), which confirms that potential project - related and cumulative construction noise levels are minimized and do not exceed levels prescribed in the City's Noise Ordinance. The CMP shall MM -6 include a requirement that the construction Submit construction Prior to issuance of Building contractor must notify the nearby residents of management plan grading permit Division 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. Prior to occupancy, heating, venting, and air conditioning (HVAC) equipment in or adjacent to Submit evidence of residential areas shall be shown by computation, HVAC equipment based on the sound rating of the proposed sound rating MM -7 equipment, not to exceed an A- weighted sound (adjacent to Prior to issuance of Building pressure level of fifty (50) dBA or not to exceed an residential areas) building permit Division A- weighted sound pressure level of fifty -five (55) during building plan dBA and be installed with a timing device that will check process deactivate the equipment during the hours of 10:00 P.M. to 7:00 a.m. Population and Housing No significant impacts are anticipated and no mitigation measures are required. - 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. MMRP — Newport Beach Country Club, Inc. (PA2008 -152) Page 7 SC /MM I Method of Timing of No. Mitigation Measure Verification Implementation Responsibility Traffic and Circulation Prior to issuance of grading permits for the proposed project by the long -term lease holder and /or the redevelopment of the adjacent tennis complex as proposed by the underlying property owner, whichever occurs first, the circulation conflict at Irvine Terrace /Country Club Drive shall be resolved by one of the following methods. a. The proposed project shall be modified to shift Country Club Drive approximately 30 feet to the south to accommodate the tennis Submittal of Planning MM -8 complex redevelopment plan; or modified circulation Prior to issuance of Division and plan grading permit Public Works b. The bungalow units proposed adjacent to Department the site on the north side of Country Club Drive proposed by the property owner as part of application PA 2005 -140 shall be modified, reoriented, reduced, or shifted to the north to avoid the road in its current alignment; or c. Some combination or modification of both plans shall be devised that would reconcile the discrepancy between the two plans. Prior to the issuance of a grading permit, the existing access easement shall be revised so as Planning MM -9 to relocate its intersection with Irvine Terrace 85 Submittal of revised Prior to issuance of Division and feet northerly of where it currently exists. The access easement grading permit Public Works new location shall be approved by the City Department Traffic Engineer prior to recordation. Prior to the issuance of a grading permit, the applicant or 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 Approval of construction staging area(s), construction construction Prior to Planning MM -10 crew parking area(s), estimated number and staging parking g commencement of Division and types of vehicles that will occur during that and trap control each major phase of Public Works phase, the proposed arrival /departure c construction Department routes and operational safeguards (e.g. flagmen, barricades, etc.) and hourly restrictions, if necessary, to avoid traffic conflicts during peak traffic periods and ensure safety. If 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 MMRP — Newport Beach Country Club, Inc. (PA2008 -152) Page 8 SC /MM 1 Method of Timing of No. 1 Mitigation Measure Verification Implementation Responsibility 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. Utilities and Service Systems No significant impacts are anticipated and no mitigation measures are required. STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2012 -11 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 24th day of January, 2012, and that the same was so passed and adopted by the following vote, to wit: Ayes: Hill, Rosansky, Curry, Selich, Henn, Daigle Noes: Mayor Gardner Absent: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 25th day of January, 2012. 411L1 /VV4) �a � City Clerk Newport Beach, California (Seal)