HomeMy WebLinkAboutEIR DRAFTBayside Family Resort Hotel 1-1 ESA / D180261
Draft Environmental Impact Report July 2020
CHAPTER 1
Introduction
1.1 Purpose of an EIR
This Draft Environmental Impact Report (EIR) has been prepared by the City of Newport Beach
(City), pursuant to the applicable provisions of the California Environmental Quality Act (CEQA)
(California Public Resources Code, Section 21000 et seq.), its implementing guidelines, known as
the CEQA Guidelines (California Code of Regulations, Title 14, Chapter 3, Sections 15000–
15387), and the applicable rules and regulations of regional and local entities. The City of
Newport Beach is the Lead Agency for this EIR, which examines the potential direct and indirect
physical impacts to the environment as a result of the proposed approximate 201,499 square-foot
three-level “family style” hotel with up to 275 rooms, recreational areas and amenities, associated
surface parking lots, and the installation of additional landscaping and lighting (the Bayside
Family Resort Hotel or the Project) at the Newport Dunes within the Upper Newport Bay of the
City. Please refer to Chapter 2, Project Description, for a more detailed discussion of the Project
and its location.
This Draft EIR evaluates impacts that could result from implementation of the Project as
compared to existing conditions. CEQA requires that before a decision can be made to approve a
project with potentially significant environmental impacts, an EIR must be prepared that fully
describes the environmental impacts of the project and identifies feasible mitigation for
significant impacts. The EIR is a public information document for use by governmental agencies
and the public to identify and evaluate potential environmental consequences of a proposed
project, to recommend mitigation measures to lessen or eliminate adverse impacts, and to
examine feasible alternatives to the project. The information contained in this EIR is to be
reviewed and considered by the Lead Agency prior to the ultimate decision to approve,
disapprove, or modify the Project.
In accordance with CEQA Guidelines Section 15121(a), the purpose of an EIR is to serve as an
informational document that will generally inform public agency decision makers and the public of
the significant environmental effects of a project, and possible ways to minimize those significant
effects. CEQA Guidelines Section 15151 contains the following standards for EIR adequacy:
An EIR should be prepared with a sufficient degree of analysis to provide
decision makers with information which enables them to make a decision which
intelligently takes account of environmental consequences. An evaluation of the
environmental effects of a proposed project need not be exhaustive, but the
sufficiency of an EIR is to be reviewed in the light of what is reasonably feasible.
I. Introduction
Bayside Family Resort Hotel 1-2 ESA / D180261
Draft Environmental Impact Report July 2020
Disagreement among experts does not make an EIR inadequate, but the EIR
should summarize the main points of disagreement among the experts. The courts
have looked not for perfection but for adequacy, completeness, and a good faith
effort at full disclosure.
The purpose of this EIR is to provide an objective, full-disclosure document to inform agency
decision makers and the general public of the direct and indirect environmental impacts of the
Project, and related actions. This EIR is prepared in conformance with CEQA Guidelines
Section 15161, and the primary purpose of this EIR is to:
Identify and evaluate potential environmental consequences of the Project.
Assess cumulative impacts of the project in conjunction with related past, present, and
reasonably foreseeable future projects within the area.
Indicate the manner in which those environmental consequences can be mitigated or avoided.
Define and analyze alternatives that have the potential to reduce or eliminate potentially
significant impacts associated with the Project or non-clustered scenario.
Identify impacts, if any, which even with the implementation of mitigation measures would
be unavoidable and adverse.
Provide documentation supporting these determinations.
In addition, an EIR must also identify and evaluate a reasonable range of alternatives to the
project that have the potential to mitigate or avoid the project’s potential significant
environmental effects while feasibly accomplishing most of the project’s basic objectives.
Therefore, the purpose of an EIR (or any environmental document required under CEQA) is to
focus the discussion on the project’s potential effects on the environment.
1.2 The CEQA EIR Process
Notice of Preparation and Public Scoping
In accordance with CEQA Guidelines Section 15082, on September 16, 2019, the City issued a
Notice of Preparation (NOP), which was sent to the State Clearinghouse, Office of Planning and
Research, and to reviewing agencies and other interested parties. The NOP was circulated until
October 16, 2019. The NOP requested those agencies with regulatory authority over any aspect of
the Project to review the issues that would be addressed within the EIR and to identify any
additional relevant environmental issues that should be addressed.
A public scoping meeting was held on September 25, 2019, at 5:00 p.m. at the Civic Center
Community Room, 100 Civic Center Drive, Newport Beach, California 92660. The intent of the
scoping meeting was to solicit written comments regarding which environmental issues should be
evaluated in the EIR. Written comments were submitted during the scoping meeting and those
who attended were directed to submit written comments to the City during the NOP public review
period.
1. Introduction
Bayside Family Resort Hotel 1-3 ESA / D180261
Draft Environmental Impact Report July 2020
Appendix A, of this Draft EIR, includes a copy of the Initial Study, NOP, written and oral
comments submitted on the NOP, and the presentation of the public scoping meeting. Table 1-1,
presents a summary of comments relevant to the environmental analyses to be included in this
Draft EIR.
TABLE 1-1
SUMMARY OF NOP COMMENTS
Commenter/Date
Summary of Environmental Issues
Raised in Comment Letter
Section where
Addressed
Notice of Preparation – September 16, 2019
Agencies
State of California – Native American Heritage
Commission, Cultural and Environmental
Department
September 24, 2019
Consult with California Native
American tribes that are traditionally
and culturally affiliated with the
geographic area of the Project.
See Section 3.16, Tribal
Cultural Resources.
South Coast Air Quality Management District
October 8, 2019
Air Quality See Section 3.2, Air
Quality
State of California – Natural Resources Agency –
Department of Fish and Wildlife
October 15, 2019
Direct and indirect impacts to the
Upper Newport Bay Ecological
Reserve (UNBER) should be analyzed
and discussed in the EIR. EIR should
analyze bird strikes.
EIR should include a complete
discussion of the purpose and need
for, and description of, the Project,
including all staging areas and access
routes to the construction and staging
areas.
EIR should include a range of feasible
alternatives.
EIR should provide a complete
assessment of the flora and fauna
within and adjacent to the project area,
with particular emphasis upon
identifying endangered, threatened,
sensitive, and locally unique species
and sensitive habitats.
EIR should include analysis of the
potential project-related impacts on
biological resources.
EIR should include mitigation for the
project-related biological impacts.
See Section 3.3, Biological
Resources, Chapter 2.0
Project Description, and
Chapter 5.0, Alternatives.
I. Introduction
Bayside Family Resort Hotel 1-4 ESA / D180261
Draft Environmental Impact Report July 2020
TABLE 1-1
SUMMARY OF NOP COMMENTS
Commenter/Date
Summary of Environmental Issues
Raised in Comment Letter
Section where
Addressed
State of California – California State Transportation
Agency – Department of Transportation, District 12
October 16, 2019
Include intersection capacity for the
intersection of Pacific Coast Highway
(SR 1) and Bayside Drive using HCM
Methodology. Include all mitigation
measures in the Traffic Study and EIR.
Please consider including access off
Back Bay Drive by way of Jamboree
Road to more effectively distribute the
additional traffic generated by the
Project.
Include a discussion on potential
impacts to existing and proposed
active transportation facilities. Include
a discussion about potential impacts to
nearby transit facilities. Ensure
connections to the multiple existing
and proposed bicycle facilities in the
project vicinity are maintained and/or
approved. Consider providing safety
measures for bicyclists and
pedestrians, including wayfinding
signage, secure bicycle storage, and
pedestrian-oriented LED lighting. If
construction interferes with bicycle and
pedestrian circulation of the regionally
significant recreational trails and
corridors in the immediate area, safety
measures must be taken to inform and
redirect bicycles and pedestrians
around the construction site.
Any project work proposed in the
vicinity of the State right of way will
require an encroachment permit, and
all environmental concerns must be
adequately addressed.
See Section 3.15,
Transportation and Traffic,
Chapter 2.0 Project
Description, and Chapter
5.0, Alternatives.
Orange County Transit Authority
October 16, 2019
Coast Highway, Newport Boulevard,
and MacArthur Boulevard are facilities
on the Orange County Management
Program Highway System near the
Project. Coast Highway is also a
facility on the Orange County Master
Plan of Arterial Highways. Consider
including these facilities in the EIR.
See Section 3.15,
Transportation and Traffic.
Orange County Sanitation District
January 6, 2020
Be advised that OCSD has a 20-foot
easement alongside or extending the
project site containing an on-site
existing sewer pipe. In general, no
buildings, obstructions, parked cars, or
planting of trees are allowed above a
OCSD sewer or on an easement.
Please include the existing sewer and
easement boundaries within all
development plans and include as
applicable the OCSD within the
approval process.
See Chapter 2.0, Project
Description and Section
3.17, Utilities and Service
Systems.
Organizations
1. Introduction
Bayside Family Resort Hotel 1-5 ESA / D180261
Draft Environmental Impact Report July 2020
TABLE 1-1
SUMMARY OF NOP COMMENTS
Commenter/Date
Summary of Environmental Issues
Raised in Comment Letter
Section where
Addressed
Gabrielino-Tongva Tribe
October 17, 2019
The Gabrielino-Tongva Tribe will be
participating in the tribal consultation
process.
See Section 3.17, Tribal
Cultural Resources.
California Cultural Resource Preservation Alliance
October 21, 2019
Concern there may be potential for the
presence of buried cultural resources.
See Section 3.4, Cultural
Resources.
Individuals
Pat Nangle
September 20, 2019
Additional traffic on North Bayside
Drive.
Bicyclists will be impacted as well as
the bike path along the Upper Back
Bay, behind the Dunes, and ends at
Bayside Drive at the entry to the
Dunes.
Traffic is currently a major challenge
and dangerous when kids are dropped
off and picked up at Camp James.
See Section 3.15,
Transportation and Traffic.
Eileen Bigelow
September 21, 2019
The City doesn’t need more people or
more cars. Bayside Village and Dunes
don’t deserve the added people and
noise and traffic.
The project applicant has not studied
the income the current number of
visitors the City has annually.
See Section 3.11, Noise
and Section 3.12,
Population and Housing.
Not applicable.
Susan Hoffman
September 21, 2019
Too much traffic in its current state. See Section 3.15,
Transportation and Traffic.
I. Introduction
Bayside Family Resort Hotel 1-6 ESA / D180261
Draft Environmental Impact Report July 2020
TABLE 1-1
SUMMARY OF NOP COMMENTS
Commenter/Date
Summary of Environmental Issues
Raised in Comment Letter
Section where
Addressed
Wanda Marrero
September 21, 2019
Existing high traffic of motor vehicles
and pedestrian issues were not
reviewed. Bikers, skaters, and
pedestrians use the sidewalks, not the
street. The street does not have a bike
lane, is very narrow, and not safe to
navigate all various users if a car door
is opened. Must keep street parking
for existing residents and businesses.
The existing bike/pedestrian path will
become more hazardous with
increased traffic.
Must find an additional entrance/exit
route to the hotel.
Must find SAFE routes for bikers,
skaters, and pedestrians.
Must find more public parking.
City should buy land in the Dunes or
Bayside storage areas to add more
free public parking. Widen the
pedestrian/bike path between Bayside
Drive and the entrance to the Dunes to
make a one-way entrance/exit to the
hotel. Widen and/or change the
existing pedestrian/bike path to a
pedestrian only path. Make the bikes
use the existing bike lanes on other
major roads. Add blinking pedestrian
stop signals at crosswalk between
North and South Bayside MHP
entrance/exit drive ways.
See Section 3.15,
Transportation and Traffic.
See Chapter 2.0, Project
Description.
Not applicable.
Jessica Schick
September 25, 2019
Air Quality
Biological Resources
Hydrology and Water Quality
Land Use and Planning
Noise
Transportation
Signage
See Section 3.1, Air
Quality, Section 3.3,
Biological Resources,
Section 3.8, Hydrology
and Water Quality, Section
3.10 Land Use and
Planning, Section 3.11
Noise, Section 3.15
Transportation and Traffic,
and Chapter 2.0, Project
Description
Darlene Covington
September 27, 2019
Traffic issue for Bayside Village
residents using the existing two-way
residential street. Concerns regarding
traffic, parking issues, noise,
emergency vehicle noise, and pollution
from construction vehicles, workers’
vehicles, resort staff, delivery trucks,
and public vehicles. Traffic hazards for
the Newport Beach school bus that
stops at Bayside Village. All access to
the Project should enter/exit from
Jamboree at the 6-lane highway with
stoplights including turn lanes. Traffic
would enter onto North Bayside Drive.
See Section 3.15,
Transportation and Traffic,
Section 3.11 Noise,
Section 3.13 Public
Services, Section 3.2, Air
Quality, Section 3.7,
Greenhouse Gas
Emissions and Chapter
2.0, Project Description.
1. Introduction
Bayside Family Resort Hotel 1-7 ESA / D180261
Draft Environmental Impact Report July 2020
TABLE 1-1
SUMMARY OF NOP COMMENTS
Commenter/Date
Summary of Environmental Issues
Raised in Comment Letter
Section where
Addressed
Chris and Lynn Tadlock
October 3, 2019
Please include Bayside Drive in the
EIR Traffic Study. Bayside Drive
should not be an entrance/exit to the
Project. Bayside Drive is a narrow two-
lane road which provides much
needed parking on both sides.
Bicyclists would be put in danger with
the amount of construction and Project
traffic. The intersection of Coast
Highway and Bayside Drive is not
equipped to handle the Project
generated traffic. Please recommend
an alternative entrance/exit to the
Project.
See Section 3.15,
Transportation and Traffic
and Chapter 2.0, Project
Description.
Mary Falcone
October 3, 2019
Entrance on Bayside Drive is not a
good idea due to blind curves.
Bayside is part of a bike path which
has hundreds of bicyclists on
weekends.
A large back lit sign will destroy the
residential “beachy” feel of the
community.
No lighting should be allowed to
escape the project site.
Light poles should not exceed 10 feet.
See Section 3.15,
Transportation and Traffic,
Section 3.1, Aesthetics,
and Chapter 2.0, Project
Description.
Sherry Cagle
October 3, 2019
The Project is proposing too many
hotel rooms.
Provide entrance on site where
entrance to the Dunes is currently
located.
See Chapter 2.0, Project
Description, and Section
3.15, Transportation and
Traffic.
Donna Stern
October 5, 2019
Traffic will affect evacuation of the
area.
Increased hazards to bikers.
Increased crime.
Increased waste.
Increased traffic will impact new
developed in the area.
See Section 3.15,
Transportation and Traffic,
Section 3.13, Public
Services, and Section 3.17
Utilities and Service
Systems.
Jackie Solis
October 5, 2019
Concerns Bayside Drive not being part
of the study. Bayside Drive not
designed for Project generated traffic.
Construction traffic would impede the
quite environment.
See Section 3.15,
Transportation and Traffic
and Section 3.11, Noise.
Sharon Seal
October 5, 2019
Traffic flow on Bayside Drive and
construction traffic. Danger for
pedestrians and bicyclists.
See Section 3.15,
Transportation and Traffic.
Catherine Katz
October 6, 2019
Existing high levels of foot traffic and
bike traffic. Concerns for accidents
with poor visibility and increase in use.
North Bayside Drive cannot safely
handle additional traffic impact from a
large resort hotel.
Bayside Drive serves existing
development and the approved Back
Bay Landing Project.
See Section 3.15,
Transportation and Traffic.
I. Introduction
Bayside Family Resort Hotel 1-8 ESA / D180261
Draft Environmental Impact Report July 2020
TABLE 1-1
SUMMARY OF NOP COMMENTS
Commenter/Date
Summary of Environmental Issues
Raised in Comment Letter
Section where
Addressed
Mary Renter
October 6, 2019
Project generated traffic, gas
emissions, noise, and danger to
pedestrians and bikers.
See Section 3.15,
Transportation and Traffic.
Dick Hoagland
October 7, 2019
Project generated traffic can’t be
safely or practically allowed on
Bayside Drive.
Cumulative issues related to Bayside
Village, Back Bay Bicycle Trail, Back
Bay Landing Project, and existing
marinas.
See Section 3.15,
Transportation and Traffic.
Pat Nangle
October 7, 2019
Project generated traffic can’t be
safely or practically allowed on
Bayside Drive. There is not sufficient
parking. Additional impacts from Back
Bay Landing.
See Section 3.15,
Transportation and Traffic.
Sandy Asper
October 7, 2019
Project would generate noise, dust,
and dirt from construction. The Project
would make the Back Bay Bicycle Trail
more dangerous. The Project would
make the intersection of PCH and
Bayside Drive more dangerous. The
Project could create more traffic for the
two marinas. The Project could create
environmental issues for the Back Bay
Reserve. Bayside Drive is an
unacceptable traffic alternative for the
entrance and exit from the hotel. Hotel
should be built at half the size and
other roads should be considered.
See Section 3.11, Noise,
Section 3.2, Air Quality,
and Section 3.15,
Transportation and Traffic.
Richard Hoagland
October 8, 2019
Alternatives must consider eliminating
Bayside Drive as the primary entrance
to the hotel due to hazards.
See Chapter 5.0,
Alternatives.
Sandy Asper
October 8, 2019
Alternatives to be considered. See Chapter 5.0,
Alternatives.
Shelly Zavala
October 8, 2019
Traffic and parking issues. See Section 3.15,
Transportation and Traffic.
Susan Skinner
October 8, 2019
Difficulties with adequate access of
emergency vehicles.
See Section 3.15,
Transportation and Traffic.
Nancy Long
October 8, 2019
Traffic and project access on Bayside
Drive.
See Section 3.15,
Transportation and Traffic.
Diane Oswald
October 11, 2019
Traffic and safety concerns resulting
from project access on Bayside Drive.
See Section 3.15,
Transportation and Traffic.
R. Lattonico
October 11, 2019
Please include Bayside Drive in the
EIR Traffic Study. Bayside Drive
should not be an entrance/exit to the
Project.
See Section 3.15,
Transportation and Traffic.
Larry Kirkham
October 13, 2019
Traffic and project access on Bayside
Drive. Please consider access from
Jamboree.
See Section 3.15,
Transportation and Traffic.
1. Introduction
Bayside Family Resort Hotel 1-9 ESA / D180261
Draft Environmental Impact Report July 2020
TABLE 1-1
SUMMARY OF NOP COMMENTS
Commenter/Date
Summary of Environmental Issues
Raised in Comment Letter
Section where
Addressed
Bonnie Anderson
October 14, 2019
Traffic and project access on Bayside
Drive. Noise and traffic from
construction vehicles. Please consider
access from Jamboree and Backbay
Drive.
See Section 3.15,
Transportation and Traffic
and Section 3.11, Noise.
David Beek
October 15, 2019
Consider reducing size of hotel due to
traffic and project access on Bayside
Drive.
See Section 3.15,
Transportation and Traffic.
Lana Hooston
October 15, 2019
Include Bayside Drive in the EIR.
Bayside Drive not to be expanded
beyond a 2-lane road. Consider
reducing the size of the hotel.
Traffic issue for Bayside Village
residents using the existing two-way
residential street. Concerns regarding
traffic, parking issues, noise,
emergency vehicle noise, and pollution
from construction vehicles, workers’
vehicles, resort staff, delivery trucks,
and public vehicles. Traffic hazards for
the Newport Beach school bus that
stops at Bayside Village. All access to
the Project should enter/exit from
Jamboree at the 6-lane highway with
stoplights including turn lanes. Traffic
would enter onto North Bayside Drive.
See Section 3.15,
Transportation and Traffic,
Section 3.11 Noise,
Section 3.13 Public
Services, Section 3.2, Air
Quality, Section 3.7,
Greenhouse Gas
Emissions and Chapter
2.0, Project Description.
Lynn and Jerry Plumlee
October 15, 2019
Traffic, noise, and pollution concerns.
Please include Bayside Drive in the
EIR. Don’t widen Bayside Drive.
See Section 3.15,
Transportation and Traffic,
Section 3.11, Noise, and
Section 3.2, Air Quality.
Jim Mosher
October 16, 2019
EIR should analyze the Fiin program. See Chapter 2.0, Project
Description.
Diana LaMar
October 17, 2019
Traffic, parking, pollution, waste and
damage to natural resources.
See Section 3.15,
Transportation and Traffic,
Section 3.2, Air Quality,
Section 3.17, Utilities and
Service Systems, and
Section 3.3, Biological
Resources.
I. Introduction
Bayside Family Resort Hotel 1-10 ESA / D180261
Draft Environmental Impact Report July 2020
TABLE 1-1
SUMMARY OF NOP COMMENTS
Commenter/Date
Summary of Environmental Issues
Raised in Comment Letter
Section where
Addressed
Robert Mitchell
October 17, 2019
Include Bayside Drive in the EIR.
Bayside Drive not to be expanded
beyond a 2-lane road. Consider
reducing the size of the hotel.
Traffic issue for Bayside Village
residents using the existing two-way
residential street. Concerns regarding
traffic, parking issues, noise,
emergency vehicle noise, and pollution
from construction vehicles, workers’
vehicles, resort staff, delivery trucks,
and public vehicles. Traffic hazards for
the Newport Beach school bus that
stops at Bayside Village. All access to
the Project should enter/exit from
Jamboree at the 6-lane highway with
stoplights including turn lanes. Traffic
would enter onto North Bayside Drive.
See Section 3.15,
Transportation and Traffic,
Section 3.11 Noise,
Section 3.13 Public
Services, Section 3.2, Air
Quality, Section 3.7,
Greenhouse Gas
Emissions and Chapter
2.0, Project Description.
Scoping Meeting – September 25, 2019
Individuals
Jackie Solis
September 25, 2019
Traffic and access. See Section 3.15,
Transportation and Traffic.
Linda and Paul Armendaris
September 25, 2019
Traffic and access. See Section 3.15,
Transportation and Traffic.
Public Review of the Draft EIR
The EIR will be circulated for review and comment by the public and other interested parties,
agencies and organizations for 45 days in accordance with CEQA Guidelines Sections 15087 and
15105. During the 45-day review period, the Draft EIR will be available for public review at the
City’s website: https://www.newportbeachca.gov/ceqa.
Interested parties may provide written comments on the Draft EIR to:
Makana Nova, AICP, Associate Planner
City of Newport Beach, Community Development Department
100 Civic Center Drive
Newport Beach, California, 92660
mnova@newportbeachca.gov
949.644.3249
Final EIR
Upon completion of the 45-day review period, written responses to all comments on the
environmental issues discussed in the Draft EIR will be prepared and incorporated into a Final
EIR. Furthermore, written responses to comments received from any State agencies will be made
available to those agencies at least ten days prior to the public hearing at which the certification
1. Introduction
Bayside Family Resort Hotel 1-11 ESA / D180261
Draft Environmental Impact Report July 2020
of the Final EIR will be considered. These comments, and their responses, will be included in the
Final EIR for consideration by the City, as well as other Responsible Agencies under CEQA. The
Final EIR may also contain corrections and additions to the Draft EIR and other information
relevant to the environmental issues associated with the project. The Final EIR will be available
for public review prior to its certification by the City.
1.3 Organization of this Draft EIR
The Draft EIR is organized into the following chapters. To help the reader locate information of
particular interest, a brief summary of the contents of each chapter of the Draft EIR is provided
below.
This Draft EIR has been organized into the following chapters:
ES. Executive Summary. This chapter summarizes the contents of the Draft EIR.
1. Introduction. This chapter discusses the CEQA process and the purpose of the Draft EIR.
2. Project Description. This chapter provides an overview of the Project, describes the need
for and objectives of the Project, and provides detail on the characteristics of the Project.
3. Environmental Setting, Impacts, and Mitigation Measures. This chapter describes the
environmental setting and identifies impacts of the Project for each of the following
environmental resource areas: Aesthetics, Air Quality, Biological Resources, Cultural
Resources, Energy, Geology and Soils, Greenhouse Gas Emissions, Hazards and
Hazardous Materials, Hydrology and Water Quality, Land Use and Planning, Noise,
Population and Housing, Public Services, Recreation, Transportation and Traffic, Tribal
Cultural Resources, and Utilities. Measures to mitigate the significant environmental
impacts of the Project are presented for each resource area.
4. Other CEQA Considerations. This chapter describes the effects that were found not to be
significant and those that were found to be significant and unavoidable. In addition, this
chapter discusses the significant irreversible environmental changes and growth-inducing
impacts associated with the Project.
5. Alternatives Analysis. This chapter presents an overview of the alternatives development
process and describes the alternatives to the Project that were considered.
6. Report Preparation. This chapter identifies the key staff and the authors involved in
preparing this Draft EIR.
Bayside Family Resort Hotel 2-1 ESA / 180261
Draft Environmental Impact Report July 2020
CHAPTER 2
Project Description
2.1 Introduction
The Newport Bayside Resort, LLC (Project Applicant) is proposing to construct an approximate
201,499 square-foot three-level “family style” hotel with up to 275 rooms, recreational areas and
amenities, associated surface parking lots, and the installation of additional landscaping and
lighting (the Bayside Family Resort Hotel or the Project) at the Newport Dunes within the Upper
Newport Bay.
2.2 Project Location
The Project is located in the City of Newport Beach (City) which is located at the western edge of
the County of Orange (County), adjacent to the Pacific Ocean and is bordered by Costa Mesa to
the northwest, Huntington Beach to the west, Irvine to the northeast, and unincorporated portions
of the County to the southeast; refer to Figure 2-1. The Project Site is approximately 14.29 acres
and is located at the Newport Dunes adjacent to the Upper Newport Bay within the City’s Coastal
Zone; refer to Figure 2-2. The Newport Dunes consists of 100 acres of State tidelands property
on the Upper Newport Bay held in trust by the County; however, it is located within the City’s
corporate limits and Coastal Zone.
2.3 Surrounding Land Uses
The Project Site is located within the Newport Dunes on the Upper Newport Bay. The existing
Newport Dunes Marina with approximately 430 boat slips, a marina clubhouse and associated
ancillary facilities are located to the north of the Project Site. The Newport Dunes Waterfront
Resort includes recreational vehicle and cabins/cottages sites to the west and south of the Project
Site. Also located to the west is the 270-space Bayside Village mobile home park. Located to the
east of the Project Site is Newport Dunes Swimming Lagoon and Beach, day use parking, boat
trailer parking, boat launch ramps, and the Back Bay Bistro restaurant.
2.4 Existing Site Conditions
The northern portion of the Project Site currently operates as a boat storage facility and parking
lot with Camp James day camp and FiiN (Fostering Interest in Nature) program facilities located
in the northeast corner. [Note to Team: Where will FiiN be relocated? Please provide details.]
The southern portion of the Project Site is vacant and consists of stockpiled dredged material
from Newport Bay. This location was used by the County to place dredged soils from the Back
2. Project Description
Bayside Family Resort Hotel 2-2 ESA / 180261
Draft Environmental Impact Report July 2020
Bay Dredging Project pursuant to the 1990 Amendment to Coastal Development Permit (CDP) 5-
83-962.
2.5 Planning and Zoning
Under existing conditions, the Project Site is designated by the City of Newport Beach General
Plan for parks and recreation (PR) land uses. The Project Site is part of the existing Newport
Dunes Planned Community Development Plan (PC-48). The Project would include an
amendment to the existing Newport Dunes Planned Community Development Plan (PC-48) to
establish land uses and development standards for the Project.
2.6. Site History and Project Background
The development entitlements of the Newport Dunes area are governed by a settlement
agreement (the Settlement Agreement) between the City of Newport Beach and the County of
Orange. The Settlement Agreement was executed in 1983 that established the maximum
permitted level of development at Newport Dunes, as well as the type and location of the
permitted uses. Among the uses established under the Settlement Agreement was a 275-room
family inn.
In 1984, the California Coastal Commission (CCC) approved CDP 5-83-962 which authorized
the uses permitted under the Settlement Agreement, including the development of a 275-room
family inn, a 430-slip marina, a 310-unit recreational vehicle park, a 300-unit boat storage
facility, 10-boat launch ramps, and a marina business building. Four extensions to CDP 5-83-962
were granted in 1985, 1987, 1988, and 1989. On February 14, 1990, the CCC approved a second
amendment to CDP 5-83-962, which authorized an increase in the recreational vehicle park by
134 units, removed the 5,000 square-foot marina business building, relocated the 5,000 square-
foot restaurant to the west side of the lagoon, and replaced the stacked boat storage with at-grade
storage. The amendment also allowed for the dredging of 50,000 cubic yards of accumulated
sediment from the existing marina area to be spread on the sandy beach portions of the aquatic
park around the perimeter of the lagoon which included the Project Site. The 1990 amendment
did not affect the location, size or shape of the previously-approved 275-room family inn, nor did
it change the original CDP 5-83-962 conditions.
Development under CDP 5-83-962 has been diligently pursued and completed pursuant to the
terms and conditions of the CDP. Building and grading permits were applied for and granted by
the City in 1989 in furtherance of CDP 5-83-962. Fees associated with the City’s Traffic Phasing
Ordinance and Fair Share Traffic Contribution Ordinance were also paid in accordance with the
schedule set forth in the 1988 Amended Settlement Agreement. The actual traffic improvements
on Pacific Coast Highway required by the Settlement Agreement were subsequently constructed.
A majority of the approved uses at the Newport Dunes area have been constructed with the
exception of the 275 room family inn.
The Project Site is under the land use planning jurisdiction of the City of Newport Beach and the
California Coastal Commission, and under the leasehold authority of the County of Orange. The
property on which the hotel is proposed is owned by the County. The County has entered into a
2. Project Description
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Draft Environmental Impact Report July 2020
ground lease with Waterfront Resort Properties, L.P., a California limited partnership, and
Newport Dunes Marina, LLC, a California limited liability company. These entities, in turn, have
entered into an executory agreement to sublease real property with Brighton Management for the
hotel site. Newport Bayside Resort, LLC is the applicant for the proposed land use entitlements
and development entity. Its members include Brighton Management that will assign its lease
position to Newport Bayside Resort, LLC.
2.7 Project Objectives
[Note to Team: Please provide.]
2.8 Description of the Project
a) Proposed Hotel and Recreational Areas and Amenities
The Project consists of the construction of a three-level “family-style” hotel within eight
interconnecting buildings with up to 275 rooms on a 14.29-acre site. Of the 275 rooms, 129
extended stay rooms will consist of suites that include kitchenettes to provide amenities for
families. The kitchenette room mix consists of 82 studios at 345 square feet (SF); 38 1-bedroom
units ranging between 527 SF and 529 SF; and nine 2-bedroom units at 671 SF. The remaining
146 standard guest rooms are 326 SF. The proposed three levels, 275 rooms, and the provision of
kitchenettes, are consistent with the 38.5-foot height limit and the 275-room cap set forth in the
1983 Settlement Agreement entered between the City of Newport Beach and the County of
Orange. The proposed hotel would encompass approximately 1.72 acres. The Project would also
include approximately 5.21 acres of surface parking uses comprised of 442 vehicular spaces for
hotel guests and approximately 7.36 acres of recreational uses, trails, landscaping, other amenities
and miscellaneous areas. The outdoor recreational areas and amenities include an adult pool, a
family pool, two outdoor tennis courts, a sand volleyball court, an outdoor marine life learning
center with seating, outdoor terraces, a picnic area, and a lawn event space for hotel guests which
will all operate between sunrise and sunset. The proposed hotel would provide towel service for
pool and beach recreation uses. The Project would include a shoreline trail that will be open to
hotel guests and the general public. The 201,499 square-foot hotel would include approximately
178,904 square feet of hotel rooms, lobby, and ancillary areas, approximately 13,000 square feet
of meeting rooms, 3,190 square feet of full service hotel restaurant and bar uses with outdoor
dining terraces, 917 square-foot coffee shop, 1,648 square feet of spa or retail uses with an
adjacent outdoor spa terrace, 1,523 square feet of business center and lounge uses, and 2,317
square feet of fitness facilities. Refer to Figure 2-3 for the project’s conceptual site plan.
b) Hotel Operations/Events
The proposed hotel would be designed as a “family inn style” that would use meeting rooms and
outdoor areas for special events such as weddings, family events, and business functions of
approximately 100 guests or less. The special events will be mostly staffed by hotel employees
with the exception of valet parking, if needed. The proposed hotel is estimated to have
approximately 93 employees who will work over four shifts (i.e., morning, afternoon, evening,
and graveyard). The restaurant is estimated to have 12 employees work the morning shift, 10
2. Project Description
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Draft Environmental Impact Report July 2020
employees work the noon shift, and 12 employees work the evening shift. Restaurant employees
include chefs, dishwashers, servers, and bartenders. The special events held within the hotel will
occur between the hours of 9:00 a.m. to 11:00 p.m., and the special events held within the exterior
areas of the hotel will be scheduled between 10:00 a.m. and 10:00 p.m.
c) Building Elevations, Renderings, and Materials
The proposed 201,499 square-foot three-level hotel has a maximum height of 38.5 feet. The
building elevations from the north, south, west, and east are illustrated in Figure 2-4 and Figure
2-5. Refer to Figure 2-6a, Figure 2-6b, and Figure 2-6c, for the proposed building renderings.
The hotel will be comprised of clay tile roofing, Santa Barbara stone materials (local sandstone),
trugrai resysta siding system, smooth hand-troweled white plaster, low iron glazing insulated
windows, and low iron glazing solid tempered railing.
d) Access and Parking
Access to the Project Site is off of Bayside Drive by way of East Coast Highway (State Route 1).
The internal site circulation consists of a vehicular circulation route to the parking lots with an
arrival court and drop-off zone directly in front of the main lobby. The Project will be self-
parked, with valet parking provided only on an “as needed” basis. The City requires the Project to
include 410 standard parking spaces and 9 ADA accessible parking spaces. The Project would
include 432 standard spaces and 10 ADA accessible spaces for a total of 442 vehicular parking
spaces for hotel guests; thereby exceeding the required number of vehicular parking spaces
required by the City’s Municipal Code. The hotel will be designed to include pedestrian
walkways throughout the parking lots and pedestrian boardwalks, access paths, and trails
throughout the site as well as along the beach front. The publicly-accessible beach front path will
also double as an emergency vehicle only access road.
e) Landscaping and Sustainability Features
The Project proposes 20,818 square feet of sodded water conservation turf; 63,897 square feet of
enhanced landscape in the pool courtyards; 54,840 square feet of transition landscape adjacent to
the proposed buildings; 64,145 square feet of water conserving landscape in the proposed parking
lots; 27,141 square feet of non-irrigated landscape areas (i.e., sand); and 17,080 square feet of
landscaped areas within the pools and spas for a total landscaped area of 247,921 square feet. A
field grown specimen oak tree would be planted at the arrival court and drop-off zone directly in
front of the main lobby. Landscaping throughout the Project Site would include trees, drought
tolerant plants and shrubs, sodded turf, and organic mulches. The proposed irrigation system
would meet the requirements of the City’s Municipal Code, Section 14.17, Water Efficient
Landscape Ordinance.
f) Lighting and Signage
New site signage would be used for Project identity, building identification, and hotel tenant
advertising/branding, pedestrian wayfinding, parking, and security markings. It would be
designed and located to be compatible with the architecture and landscaping of the Project. No
off-site signage is proposed. Pedestrian areas would be well lit for security. The proposed
2. Project Description
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buildings would include accent lighting to complement the building architecture. [Note to Team:
Please confirm.]
g) Site Security
The Project would incorporate a 24-hour/seven-day security program to ensure the safety of its
hotel guests and site visitors. Site security operations would include staff training and building
access/design to assist in crime prevention efforts and to reduce the demand for police protection
services. The project design would include lighting of entry-ways, parking lots, and public areas
for site security purposes. The buildings would include controlled access to the hotel uses in order
to ensure the safety of hotel guests. Site security would include provisions of 24-hour video
surveillance and full-time security personnel. Duties of the security personnel would include, but
would not be limited to, assisting visitors with site access; monitoring entrances and exits of
buildings; managing and monitoring fire/life/safety systems; and patrolling the property. The site
security would regularly interface and collaborate with the Newport Beach Police Department as
necessary. [Note to Team: Please confirm.]
h) Loading and Trash Removal
Loading for large deliveries for the hotel and restaurant uses would occur at the loading dock area
located at the rear of the restaurant building adjacent to the parking lot. The loading dock area
would provide a truck turnaround for larger deliveries. Hotel trash and recyclables would be
delivered by hotel staff to a designated trash room located on the ground level adjacent the
loading dock area. [Note to Team: Please confirm.]
2.9 Anticipated Construction Schedule
The Project will be built in one phase. Project construction is estimated to take approximately 24
months with opening year in 2023 [Note to Team: Per Susan Hori, assuming
entitlement/California Coastal Commission 2 years and construction 2 years]. During
construction activities, the Project Site will be graded and the earthwork will require
approximately 3,842 cubic yards of export. Approximately 95 workers will be required during the
construction phase of the project. [Note to Team: Please provide updated construction schedule.]
2.10 Necessary Approvals
The Project will require the following discretionary approvals:
Certification of the Bayside Family Resort Hotel EIR to address reasonably foreseeable
environmental impacts resulting from the legislative and Project specific discretionary
approvals (City of Newport Beach);
Approval of a Planned Community Development Plan to establish land uses and
development standards for the Project Site (City of Newport Beach);
2. Project Description
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A Major Site Development Review for the development of the proposed hotel,
recreational areas and amenities, associated surface parking lots, and the installation of
additional landscaping and lighting in accordance with the adopted Planned Community
and Zoning Code development standards (City of Newport Beach);
A Conditional Use Permit to ensure site compatibility and allow for ongoing regulation
of hotel operations and ancillary facilities (City of Newport Beach);
Pursuant to the 1983 Settlement Agreement, the Project will be subject to discretionary
approvals issued by the City per City standards (City of Newport Beach);
A Traffic Study to analyze the projected increase in vehicle trips resulting from the
Project pursuant to the City’s Traffic Phasing Ordinance (City of Newport Beach); and
An Approval in Concept and Amendment to the Coastal Development Permit (CDP) 5-
83-962) (California Coastal Commission).
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Draft Environmental Impact Report July 2020
CHAPTER 3
Environmental Setting, Impacts, and
Mitigation Measures
3.0 Introduction to the Analysis
This Draft Environmental Impact Report (EIR) has been prepared in accordance with the
California Environmental Quality Act (CEQA) (California Public Resources Code, Section 21000
et seq.), the CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.),
and the applicable rules and regulations of regional and local entities. This Draft EIR evaluates
the potential environmental impacts associated with the construction and operation of the Project.
This Draft EIR is intended to serve as an informational document for the public agency decision-
makers and the public regarding the Project.
3.0.1 Scope of the Environmental Impact Analysis
In accordance with CEQA Guidelines Section 15126, Chapter 3 provides an analysis of the direct
and indirect, project and cumulative, environmental effects of the Project with respect to existing
conditions at the time the Notice of Preparation (NOP) was published (Appendix A). The
determination of whether an impact is significant has been made based on the physical conditions
established at the time the NOP was published (CEQA Guidelines Section 15125(a)).
The following environmental resources are assessed in this Draft EIR in accordance with CEQA
Guidelines Appendix G:
Aesthetics
Air Quality
Biological Resources
Cultural Resources
Energy
Geology and Soils
Greenhouse Gas Emissions
Hazards and Hazardous Materials
Hydrology and Water Quality
Land Use and Planning
3. Environmental Setting, Impacts and Mitigation Measures
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Noise
Population and Housing
Public Services
Recreation
Transportation and Traffic
Utilities and Service Systems
Three environmental issues: Agricultural and Forest Resources, Mineral Resources, and Wildfire
were found to be not significant and are addressed in Chapter 4, Other CEQA Considerations,
Section 4.1.
3.0.2 Approach to Environmental Analysis
Sections 3.1 through 3.17 of this Draft EIR contain discussions of the environmental setting,
regulatory setting and potential impacts related to the implementation of the Project. The project-
level and cumulative analyses will estimate the impacts to each resource category before the
implementation of mitigation measures. The analyses will then estimate the impacts to each
resource category after the implementation of mitigation measures.
3.0.3 Organization of Environmental Issue
The Project is expected to achieve the objectives outlined in Section 2.7, of Chapter 2, Project
Description, of this Draft EIR. Environmental resources that are addressed in Chapter 3 include a
discussion of the environmental setting, regulatory setting, thresholds of significance, methodology,
and impact analysis (which includes a discussion of mitigation measures). A brief description of
these components that are addressed in Sections 3.1 through 3.17 of this Draft EIR is provided
below.
Environmental Setting
This section identifies and describes the existing physical environmental conditions of the Project
area as it pertains to each impact section. Pursuant to CEQA Guidelines Section 15125(a)(1), an
EIR must include a description of the existing physical environmental conditions in the vicinity of
the Project from both a local and regional perspective. This description provides the “baseline
condition” against which project-related impacts are compared. Normally, the baseline condition
is the physical condition that exists when the NOP is published. The NOP for the Project was
published on September 16, 2019, so September 16, 2019, will serve as the baseline for the
environmental impact analysis contained in this Draft EIR.
Regulatory Setting
The Regulatory Setting section provides a summary of the regulatory environment as it currently
exists. The regulatory framework used in this Draft EIR included federal, state, regional, and
local regulations and policies applicable to the Project.
3. Environmental Setting, Impacts and Mitigation Measures
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Thresholds of Significance
In accordance with Appendix G of the CEQA Guidelines, significance criteria have been
developed for each environmental resource and are defined at the beginning of each impact
analysis section. The significance of potential impacts is categorized as follows:
Significant and Unavoidable: mitigation might be recommended but impacts are still
significant;
Potentially Significant: mitigation might be recommended but impacts are potentially
significant at the project level;
Less than Significant with Mitigation: potentially significant impact but mitigated to a less-
than-significant level;
Less than Significant: mitigation is not required under CEQA; or
No Impact. Mitigation is not required under CEQA.
Methodology
This section describes the methodology and approach used to evaluate the potential
environmental effects associated with the implementation of the Project.
Impacts Analysis
This section discusses the changes that may occur to existing physical conditions if the Project is
implemented, and evaluates these changes based upon the identified significance criteria. This
section also includes a program-level impact analysis and a cumulative impact analysis. The
analysis estimates the magnitude of each impact without the adoption of any mitigation measures,
but also identifies feasible mitigation measures for any potentially significant program-level or
cumulative impacts. Mitigation measures are those measures that could avoid, minimize, or
reduce an environmental impact. This section also analyzes the expected significance of impact if
the identified mitigation measures are implemented.
3.0.4 Level of Significance
Determining the severity of project and cumulative impacts is fundamental to achieving the
objectives of CEQA. CEQA Guidelines Section 15091 requires that decision makers mitigate, as
completely as is feasible, the significant impacts identified in this Draft EIR. If the Draft EIR
identifies any significant unmitigated impacts, CEQA Guidelines Section 15093 requires decision
makers in approving a project to adopt a statement of overriding considerations that explains why
the benefits of the project outweigh the adverse environmental consequences identified in the
Draft EIR.
The level of significance for each impact examined in this Draft EIR is determined by
considering the predicted magnitude of the impact against the applicable threshold. Thresholds
are developed using criteria from the CEQA Guidelines and checklist; State, federal, and local
regulatory schemes; local/regional plans and ordinances; accepted practice; consultation with
recognized experts; and other professional opinions.
3. Environmental Setting, Impacts and Mitigation Measures
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3.0.5 Cumulative Analysis
CEQA requires that a Draft EIR assess the cumulative impacts of a project with respect to past,
current, and probable future projects within the region. The CEQA Guidelines Section 15355,
Cumulative Impacts, provides the following definition of cumulative impacts:
“Cumulative impacts” refer to two or more individual effects which, when
considered together, are considerable or which compound or increase other
environmental impacts.
(a) The individual effects may be changes resulting from a single project or a
number of separate projects.
(b) The cumulative impact from several projects is the change in the
environment which results from the incremental impact of the project when
added to other closely related past, present, and reasonably foreseeable
probable future projects. Cumulative impacts can result from individually
minor but collectively significant projects taking place over a period of time.
CEQA Guidelines Section 15130, Discussion of Cumulative Impacts, further addresses the
discussion of cumulative impacts, as follows:
(1) An EIR should not discuss impacts which do not result in part from the project evaluated in
the EIR;
(2) If the combined cumulative impact associated with the project’s incremental effect and the
effects of other projects is not significant, the EIR should briefly indicate why the cumulative
impact is not significant and is not discussed in further detail in the EIR.
(3) If the combined cumulative impact associated with the project’s incremental effect and the
effects of other projects is significant, the EIR must determine whether the project’s
contribution is cumulatively considerable.
(4) The EIR may conclude the project’s contribution to a significant cumulative impact is less
than cumulatively considerable and thus is not significant, if the project is required to
implement or fund its fair share of a mitigation measure or measures designed to alleviate the
cumulative impact.
This chapter assesses the cumulative impacts for each applicable environmental issue, and does
so to a degree that reflects each impact’s severity and likelihood of occurrence.
Pursuant to CEQA Guidelines Section 15130(b), the discussion of cumulative impacts shall be
guided by the standards of practicality and reasonableness, and should include the following
elements:
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 local, regional or
statewide plan, or related planning document, that describes or
3. Environmental Setting, Impacts and Mitigation Measures
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evaluates conditions contributing to the cumulative effect. Such plans
may include: a general plan, regional transportation plan, or plans for
the reduction of greenhouse gas emissions. A summary of projections
may also be contained in an adopted or certified prior environmental
document for such a plan. Such projects may be supplemented with
additional information such as a regional modeling program. Any such
document shall be referenced and made available to the public at a
location specified by the lead agency.
2. When utilizing a list, as suggested in paragraph (1) of subdivision (b),
factors to consider when determining whether to include a related project
should include the nature of each environmental resource being examined,
the location of the project and its type. Location may be important, for
example, when water quality impacts are at issue since projects outside the
watershed would probably not contribute to a cumulative effect. Project
type may be important, for example, when the impact is specialized, such as
a particular air pollutant or mode of traffic.
3. Lead agencies should define the geographic scope of the area affected by
the cumulative effect and provide a reasonable explanation for the
geographic limitation used.
4. A summary of the expected environmental effects to be produced by those
projects with specific reference to additional information stating where that
information is available; and
5. A reasonable analysis of the cumulative impacts of the relevant projects,
including examination of reasonable, feasible options for mitigating or
avoiding the project’s contribution to any significant cumulative effects.
Where the analysis of cumulative impacts focuses on the effects of concurrent implementation of
the Project with other spatially and temporally proximate projects, the analysis relies on a list of
projects that have the potential to contribute to cumulative impacts in the Project area.
Cumulative Projects
This analysis considers the impacts of the Project in combination with potential environmental
effects of other projects in the project area. “Other projects,” also referred to as “cumulative
projects,” includes recently completed projects, projects currently under construction, and future
projects currently in development. The potential for projects to have a cumulative impact depends
on both geographic location and project schedule.
Project Geographic Scope and Timing
Cumulative impacts are assessed for related projects within a similar geographic area. This
geographic area may vary, depending upon the issue area discussed and the geographic extent of
the potential impact. The Project is located in the City of Newport Beach.
As noted, projects considered in this analysis include those that have recently been completed, are
currently being implemented, or are in the planning stages. However, for probable future projects,
3. Environmental Setting, Impacts and Mitigation Measures
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schedules are often broadly estimated and can be subject to change. Although the timing of the
probable future projects is likely to fluctuate because of schedule changes or other unknown
factors, this analysis assumes these projects would be implemented concurrently with
implementation of the Project.
Types of Projects Considered
As further described in Sections 3.1 through 3.17 of this Draft EIR, impacts associated with
implementation of the Project are related to construction and operation of future development of the
Project. Therefore, the Project could contribute to cumulative effects when considered in
combination the construction and operation of other cumulative projects. For this analysis, other past,
present, and reasonably-foreseeable future projects and capital improvement reasonably-foreseeable
future projects in the area have been identified. Long-term cumulative impacts of the Project in
conjunction with the other projects in the area are assessed as well. Table 3.0-1 lists current and
proposed projects that could potentially contribute to similar cumulative impacts within the Project
area.
TABLE 3.0-1
CUMULATIVE PROJECT LIST
No.
Project Name/
Location Description Sizea Units Status
1. Westcliff Plaza
Restaurants, 1000-
1150 Irvine Avenue,
Newport Beach
CUP and traffic study to allow for a
reduction in off-street parking and
reconfiguration of the parking lot at
an existing shopping center and
construct a new 7,400 SF building
for future restaurant uses.
7,400 SF
restaurant
- Under review
2. 4699 Jamboree Road
and 5190 Campus
Drive (PA2019-054),
Newport Beach
GPA to increase floor area by
21,529.6 SF.
21,529.6 SF - Withdrawn
and closed
due to
inactivity
3. Office and Parking
Structure
(PA2019023), 215
Riverside Avenue,
Newport Beach
CDP to demolish an existing
restaurant/office building, and
associated surface parking lot and
to construct a new 41-space 2-level
parking structure and 2,744 SF
office building.
2,744 SF office 41 parking
spaces
Under review
4. The Garden
Restaurant (PA2019-
006), 2902 West
Coast Highway,
Newport Beach
CDP, CUP, traffic study, and
operator license for conversion of
existing retail building for a new
7,705 SF fine restaurant and 2,535
SF roof top outdoor dining terrace.
7,705 SF
restaurant, 2,535
SF outdoor dining
- Under review
Commented [BA1]: Note to City: Please confirm current status
of cumulative projects.
3. Environmental Setting, Impacts and Mitigation Measures
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TABLE 3.0-1
CUMULATIVE PROJECT LIST
No.
Project Name/
Location Description Sizea Units Status
5. Newport Village
(PA2017-253), 2200-
2244 West Coast
Highway and 2001-
22241 West Coast
Highway Newport
Village (former Ardell
site), Newport Beach
CDP, major site development
review, TTM, traffic study, and EIR
for demolition of all structures on-
site (with exception of buildings at
2241 West Coast Highway and
2244 West Coast Highway) and the
construction of 128,640 SF of
nonresidential uses (retail,
vehicle/boat sales, office and food
service), 108 apartment units, 14
condominiums, and
subterranean/surface parking
garages with 827 parking spaces.
Project includes new public
walkway along the waterfront and
marina improvements. The
maximum height of buildings on the
north parcel is 26 feet for a flat roof
and 31 feet for a pitched roofline
measures from established grade.
Maximum height of buildings on the
south parcel is 35 feet for a flat roof
measures from established grade.
128,640 SF
nonresidential
108
apartment
units, 14
condos,
827
parking
spaces
Under review
6. Koll Newport
Residential (PA2015-
024), 4400 Von
Karman Avenue,
Newport Beach
Development of mixed use
residential of up to 260 units, 3,000
SF retail and 1-acre park.
Preliminary application submitted
1/31/20 for a revised project: 312
units and ½ acre park.
3,000 SF retail, ½
acre park
312 units Under review
7. Newport Airport
Village Mixed-Use
(PA2014-225), 4341
and 4401 Birch Street,
4320 and 4340 and
4360 and 4500 and
4540 and 4570 and
4600 and 4630
Campus Drive and
4647 MacArthur
Boulevard, Newport
Beach
GPA to re-designate 16 acres of
campus tract from airport office and
supporting uses (AO) to mixed use
horizontal 2 (MU-H2) to allow for
329 replacement DUs, a zoning
code amendment from Office
Airport (OA) to Planning
Community (PC) and approval of
planning community development
plan and approval of a DA.
- 329 units Under review
8. ExplorOcean
(PA2014-069), 600
East Bay, 209
Washington Street,
600 and 608 Balboa
Avenue and 200 Palm,
Newport Beach
Demolition of existing 1-story
26,219 SF commercial building and
55-space subterranean parking
garage; and construction of a
70,295 SF, 4-story ocean literacy
facility located on 600 East Bay
parcel; removal of 63-metered
space surface parking lot and
construction of 388-space, 141,000
SF, 5-lvel off-site parking structure,
and 6,500 SF floating classroom to
be located on waterside of project.
70,295 SF ocean
facility, 141,000
SF parking
structure, 6,500
SF floating
classroom
- Under review
9. Drive Shack (PA2019-
240), 3100 Irvine
Avenue, Newport
Beach
Demolition of existing golf driving
range and associated structures,
three golf holes. Construction of
32,000 SF, 3-story, commercial
recreation driving range.
32,000 SF driving
range
- Under review
Commented [BA1]: Note to City: Please confirm current status
of cumulative projects.
3. Environmental Setting, Impacts and Mitigation Measures
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TABLE 3.0-1
CUMULATIVE PROJECT LIST
No.
Project Name/
Location Description Sizea Units Status
10. 2510 PCH Mixed-Use
Development, 2510
West Coast Highway
and 2530 West Coast
Highway, Newport
Beach
Demolition of 4,487 SF boat sales.
Construction of 10,975 SF boutique
automobile showroom, 36 DUs.
10,975 SF
automobile
showroom
36 units Under review
11. UCI North Campus
Hospital Project, UCI
North Campus, West
of Jamboree and
Birch, Irvine
Construct new 350,000 SF hospital
that will include emergency
services, 200,000 SF ambulatory
care center, central plant, and
parking structure.
350,000 SF
hospital and
200,000 SF
ambulatory care
center
- Under review
12. UCI North Campus
Child Health/Medical
Office, UCI North
Campus, west of
Jamboree and Birch,
Irvine
Replace buildings near intersection
of Jamboree and Birch Street with
168,000 SF, 5-story Center for
Child/Medical Office building and
800-space parking garage
168,000 SF
medical office
800
parking
spaces
Under review
13. Newport Crossings
(PA2017-107), 1701
Corinthian Way, 4251,
4253 and 4255
Martingale Way, 4200,
4220 and 4250 Scott
Drive and 1660 Dove
Street, Newport Beach
Site development review of mixed-
use residential project consisting of
350 rental units, 7,500 SF of
commercial use, and 0.5-acre
public park on 5.7-acre property
known as MacArthur Square.
7,500 SF
commercial and
0.5-acre park
350 units Under review
14. Mesa Drive Town
Homes (PA2014-218),
1501 Mesa Drive,
20462 Santa Ana
Avenue, Newport
Beach
8-unit condominium - 8 units Under review
15. Vivante Senior Living
(PA2018-185), 850
and 856 San
Clemente Drive,
Newport Beach
GPA, PCDP amendment, DA,
major site development review,
CUP, and lot merger for 90-units of
senior housing and 27-bed memory
care facility.
- 90 units,
27 beds
Under review
16. ENC Preschool
(PA2015-079), 745
Dover Drive, Newport
Beach
Environmental Nature Center
Preschool
- - Construction
completed
17. Birch Newport
Executive Center
(PA2014-121), 20350
and 20360 Birch
Street (formerly
20352-2042 Birch
Street), Newport
Beach
Re-subdivision of 4 lots into 3 lots
for commercial development and
for condominium purposes,
construction of two 2-story medical
office buildings totaling 64,000 SF
and 324-space surface parking lot
64,000 SF
medical office
buildings
324
parking
spaces
Construction
completed
Commented [BA1]: Note to City: Please confirm current status
of cumulative projects.
3. Environmental Setting, Impacts and Mitigation Measures
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TABLE 3.0-1
CUMULATIVE PROJECT LIST
No.
Project Name/
Location Description Sizea Units Status
18. Ebb Tide (PA2014-
110), 1560 Placentia
Drive, Newport Beach
TTM application to subdivide 4.7-
acre site for 83 residential lots and
site development review for
construction of 83 single-unit
residences, private streets,
common open space, and
landscaping. The PCDP is
proposed to establish guidelines for
development of the project site
consistent with the GP. The code
amendment is proposed to amend
the zoning map to change the
zoning district from multiple-unit
residential (RM) to planned
community (PC).
- 83 units Under
construction,
initial 4 of 8
phases are
complete
19. Westcliff Medical
(PA2013-154), 2011,
2043, 2121 and 2131
Westcliff Drive, Irvine
Avenue and
Sherington Place,
Newport Beach
Construction of two building and 3-
level parking structure, an addition
to an existing building, and
demolition of 25,339 SF of building
area. The project would result in 4
buildings totaling 73,722 SF. The
total amount of off-street parking
would be 382 spaces.
73,722 SF
building/parking
structure
382
parking
spaces
Construction
completed
20. Lido Villas (DART)
(PA2012-146) 3303
and 3355 Via Lido
generally bounded by
Via Lido, Via Oporto,
and Via Malaga,
Newport Beach
Demolition of existing church and
office building and legislative
approvals for the development of
23 attached 3-story townhome
condominiums.
- 23 units First 2 units
are
constructed.
All other units
are under
construction
21. Uptown Newport
Mixed Use
Development
(PA2011-134), 4311 &
4321 Jamboree Road,
Newport Beach
Development of 1,244 residential
units and 11,500 SF of commercial
retail
11,500 SF
commercial retail
1,244 units North and
South Tower
completed
with 458 units.
Other units
under review
22. 10 Big Canyon
(PA2010-092), 10 Big
Canyon, Newport
Beach
Single-family residence - 1 unit Approved, not
yet
constructed
23. Plaza Corona del Mar
(PA2010-061), 3900-
3928 East Coast
Highway, Newport
Beach
Development of 1,750 SF new
office space and 6 detached
townhomes
1,750 SF office 6 units Under
construction
24. Old Newport GPA
Project (PA2008-047),
328, 332, and 340 Old
Newport Boulevard,
Newport Beach
Demolition of 3 existing buildings to
construct a new 25,000 SF medical
office building
25,000 SF
medical office
building
- Construction
completed
Commented [BA1]: Note to City: Please confirm current status
of cumulative projects.
3. Environmental Setting, Impacts and Mitigation Measures
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TABLE 3.0-1
CUMULATIVE PROJECT LIST
No.
Project Name/
Location Description Sizea Units Status
25. Hoag Memorial
Hospital Presbyterian
Master Plan Update
Project (PA2007-073),
1 Hoag Drive,
northwest of West
Coast Highway and
Newport Boulevard,
Newport Beach
Reallocation of up to 225,000 SF of
previously approved (but not
constructed) square footage from
Lower Campus to Upper Campus
225,000 SF
hospital
- Not yet
constructed
26. AERIE Project
(PA2005-196), 201-
207 Carnation Avenue
and 101 Bayside
Place, southwest of
Bayside Drive
between Bayside
Place and Carnation
Avenue, Corona Del
Mar
Residential development including
the following: (a) demolition of
existing residential structures on
the 1.4-acre site; (b) development
of 8 residential condos, and (c)
replacement, reconfiguration, and
expansion of existing gangway
platform, pier walkway, and dock
facilities on the site.
- 8 units Under
construction
27. Vue Newport
(PA2001-210), 2300
Newport Boulevard,
Newport Beach
Mixed use development consisting
of 27 residential units and 36,000
SF of retail and office uses.
36,000 SF retail
and office
27 units Construction
completed
28. Mariners’ Pointe
(PA2010-114), 100
West Coast Highway,
Newport Beach
19,905 SF 2-story commercial
building and 3-story parking
structure.
19,905 SF
commercial
- Construction
completed
29. Newport Business
Plaza Project
(PA2008-164), 4699
Jamboree Road and
5190 Campus Drive,
Newport Beach
Demolition of 2 existing connected
buildings to construct a new 46,044
SF business plaza
46,044 SF
business plaza
- Not yet
constructed
30. PRES Office Building
B Project (PA2007-
213), 4300 Von
Karman Avenue,
Newport Beach
Increase maximum allowable
entitlement by 11,544 SF; increase
maximum allowable entitlement in
office suite B by 9,917 SF to allow
for development of new 2-level
office building over a ground-level
parking structure
11,544 SF and
9,917 SF office
- Not yet
constructed
31. Saint Mark
Presbyterian Church
(PA2003-085), 2200
San Joaquin Hills
Road, Newport Beach
Church complex with sanctuary,
fellowship hall, administration
building and pre-school. Total
33,867 SF.
33,867 SF church - Under
construction
Commented [BA1]: Note to City: Please confirm current status
of cumulative projects.
3. Environmental Setting, Impacts and Mitigation Measures
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TABLE 3.0-1
CUMULATIVE PROJECT LIST
No.
Project Name/
Location Description Sizea Units Status
32. Mariners’ Square
(PA2017-248), 1244
Irvine Avenue,
Newport Beach
Site development review, TTM, and
modification permit to allow
demolition of existing 114-unit
residential apartment complex and
redevelopment of the site with 92-
unit residential condo complex.
Application includes a request to
establish grade and allow the
residential units facing Irvine
Avenue to encroach 2 feet into the
20-foot front setback with portions
of upper levels for architectural
relief and articulation.
- 92 units Under review
33. Harbor Pointe Senior
Living (PA2015-210),
101 Bayview Place,
Newport Beach
GPA, planned community text
amendment, CUP, and major site
development review for new 85,000
SF convalescent and congregate
care facility with 121 beds.
85,000 SF 121 beds Under review
34. Back Bay Landing
(PA2011-216), 300 E.
Coast Highway
located at
northwesterly corner
of east Coast Highway
and Bayside Drive
Request for legislative approvals to
accommodate the future
redevelopment of a portion of the
property with a mixed-use
waterfront project. The PCDP
would allow development of new
enclosed dry stack boat storage
facility for 140 boats, 61,534 SF of
visitor-serving retail and
recreational marine facilities and up
to 49 attached residential units.
61,534 SF retail
and recreation
49 units,
140 boat
slips
Under review
35. Balboa Marine
Expansion, 201 E.
Coast Highway
City of Newport Beach Public
Access and Transient Docks and
Expansion of Balboa Marina with
24 boat slips, 14,252 SF restaurant,
and 664 SF marina restroom.
14,252 SF
restaurant and
664 SF restroom
24 boat
slips
Not yet
constructed
36. Newport Harbor Yacht
Club (PA2012-091)
720 West Bay
Avenue, 800 West
Bay Avenue, 711-721
West Bay Avenue,
and 710-720 Balboa
Boulevard
Demolition of 20,500 SF yacht club
facility and construction of new
23,163 SF facility.
23,163 yacht club
facility
- Construction
completed
37. Ullman Sail Lofts
(PA2017-059) 410 and
412 29th Street,
Newport Beach
CUP, minor site development
review, TTM, and CDP to demolish
an existing 9,962 SF commercial
building and construct mixed-use
structure with 694 SF of retail floor
area and one 2,437 SF dwelling
unit on Lot 17 and construct 3
residential dwelling units ranging
from 2,484 SF to 2,515 SF over lots
18 and 19.
694 SF retail 4 units Under review
38. Confined aquatic
disposal (CAD and
harbor dredging, lower
Newport Harbor
between Lido Isle and
Bay Island
Harbor dredging and safe disposal
of unsuitable materials in a
confined aquatic disposal facility
within Newport Harbor.
- - Under review
Commented [BA1]: Note to City: Please confirm current status
of cumulative projects.
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TABLE 3.0-1
CUMULATIVE PROJECT LIST
No.
Project Name/
Location Description Sizea Units Status
39. Junior Lifeguard,
Balboa Village Parking
Lot
New 4,500 SF junior lifeguard
building and recreation event
center.
4,500 SF
lifeguard and
recreation center
- Under review
40. Fire Station, 2807
Newport Boulevard,
Newport Beach
New fire station - - Under review
41. Sunset Ridge Park
Bridge, 4850 W. Coast
Highway, Newport
Beach
Pedestrian and bicycle bridge
across Superior Avenue, parking
lot, and recreation area.
- - Under review
42. Big Canyon Coastal
Habitat Restoration
and Adaptation Plan-
Phase 2A (PA2018-
078), 1900 Back Bay
Drive, Newport Beach
Phase 2A of habitat restoration at
11.3-acre site located at mouth of
Big Canyon.
- - Not yet
constructed
43. Little Corona
Infiltration (PA2015-
096) (15X14), Little
Corona Beach
Installation of a diversion and
infiltration device on a public beach
area.
- - Under review
44. Old Newport
Boulevard/West Coast
Highway Widening
(15R19), Newport
Beach
Widens the westbound side of West
Coast Highway at Old Newport
Boulevard to accommodate a third
through lane, right turn pocket and
bike lane. Realignment of Old
Newport Boulevard maximized the
right turn pocket storage length and
improves roadway geometrics.
- - Under review
45. Lower Sunset View
Park Bridge, Parking
Lot and Park (15R09),
intersection of West
Coast Highway and
Superior Avenue,
Newport Beach
Possible pedestrian overcrossings,
parking and park uses for Lower
Sunset View Park.
- - Under review
46. Arches Storm Drain
Diversion (16X11),
Newport Boulevard
north of Coast
Highway, Newport
Beach
Arches drain outlet is the endpoint
for two large storm drains that
collect and deliver runoff from
neighboring areas to Newport
Harbor. The west storm drain
collects runoff from Hoag Hospital
and areas upstream and the east
storm drains runs along Old
Newport Boulevard and into Costa
Mesa upstream of 15th Street. A
conceptual plan to divert dry
weather flows from these two
subwatersheds to the sanitary
sewer system has been prepared.
- - Constructed
47. Bayview Heights
Drainage Treatment
(15X11), headlands
area of Upper Bay
downstream of Mesa
Drive, Newport Beach
Restores a drainage reach subject
to erosion and creates a wetland at
the end of the reach to benefit
environmental water quality.
- - Under review
Commented [BA1]: Note to City: Please confirm current status
of cumulative projects.
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TABLE 3.0-1
CUMULATIVE PROJECT LIST
No.
Project Name/
Location Description Sizea Units Status
48. Big Canyon Rehab
Project (15X12), Big
Canyon, downstream
of Jamboree Road
and south of Big
Canyon Creek,
Newport Beach
Divert 1/3 of the dry-weather flow
from the creek into a bioreactor.
The bioreactor strips selenium and
other impurities from the flow.
Clean flow is returned to the creek
to reduce the concentration of
pollutants within the stream by 30-
35%. Storm flows from Jamboree
Road also will be directed to the top
level of this bioreactor/wetlands to
strip roadway pollutants from the
flow before the flow rejoins the
creek. Partial streambed and
canyon restoration are components
of this project.
- - Constructed
49. Bay Crossings Water
Main Replacement
(16W12), Newport
Harbor, Newport
Beach
Replaces deteriorating water
transmission mains pursuant to the
Water Master Plan and Bay
Crossing Water Transmission
Study.
- - Under review
50. Library Lecture Hall,
Central Library near
Avocado Avenue and
Bamboo Courtyard
Construct an 8,000-10,000 SF
auditorium with approximately 275
seats at Central Library
8,000-10,000 SF
auditorium
275 seats Under review
Notes: SF = square feet; DUs = dwelling units; TTM = tentative tract map; CDP = coastal development permit; GP =
general plan; GPA = general plan amendment; CUP = conditional use permit; DA = development agreement; planned
community development plan (PCDP);
Source: City of Newport Beach, April 14, 2020.
Commented [BA1]: Note to City: Please confirm current status
of cumulative projects.
3. Environmental Setting, Impacts and Mitigation Measures
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3.4 Cultural Resources
Introduction
This section addresses the potential impacts of the Project to cultural resources in accordance
with the significance criteria established in Appendix G of the CEQA Guidelines. This section is
based on the following source: Phase I Cultural Resources Assessment Newport Dunes Resort
Hotel Project, Newport Beach, California prepared by VCS Environmental (Maxon, 2019). The
report is included in Appendix X of this Draft EIR.
Cultural resources include prehistoric and historic archaeological sites, buildings, structures,
districts, places, and landscapes, or any other physical evidence associated with human activity
considered important to a culture, a subculture, or a community for scientific, traditional,
religious or other reasons. For purposes of this analysis, cultural resources are categorized into the
following groups: archaeological resources, historic resources (including
architectural/engineering resources), and human remains. Tribal Cultural Resources are discussed
in Section 3.16 Tribal Cultural Resources.
3.4.1 Environmental Setting
The Project site is located within the western portion of Newport Beach, in west-central Orange
County. The topography of Orange County includes a combination of mountains, hills, flatlands,
and shorelines. Specifically, the Project Site is located within lower Newport Bay, a large coastal
wetland that was created at the end of the Pleistocene by sands being deposited by the Santa Ana
River. Presently, lower Newport Bay is largely developed and is comprised of marinas, hotels,
and recreational amenities.
The Project Site is currently comprised of a boat and RV storage yard and parking lot in its
northern portion, a lagoon beach in its eastern portion, a dredge pit made up of mounded sand and
dirt in its southern portion, and a summer day camp in its northeastern portion. Prior to
development, the Project Site consisted of marshland and waterways within the Newport Bay
estuary. In 1958 the Project Site was developed as part of Newport Dunes Aquatic Park with the
boat storage area developed at this time. Between the mid-1960s and 1990s, this southern area of
the Project Site was filled in with dredge material.
3.4.2 Cultural Setting
Prehistoric Setting
The prehistory of the region is typically summarized according to four major horizons or cultural
periods: Early [10,000 to 8,000 before present (B.P.)], Millingstone (8,000 to 3,000 B.P.),
Intermediate (3,000 to 1,500 B.P.), and Late Prehistoric (1,500 B.P to A.D. 1769) (Wallace 1955;
Warren 1968).
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Early Period (10,000 to 8,000 B.P.)
The southern California coast may have been settled as early as 10,000 years ago (Jones, 1992).
These early inhabitants were likely maritime adapted groups exploiting shellfish and other marine
resources found along the coastline (Dixon, 1983; Erlandson, 1994; Vellanoweth and Altschul,
2002). One site located in Newport Bay, Orange County (CA-ORA-64) dates to approximately
9,500 years B.P. and suggests early intensive utilization of shellfish, fish, and bird resources
(Drover et al., 1983; Macko, 1998).
Millingstone Period (8,000 to 3,000 B.P.)
The transition from the Early Period to the Millingstone period at roughly 8,000 B.P. is marked
by an increased emphasis on the processing of seeds and edible plants. The increased utilization
of seeds is evident by the high frequencies of handstones (manos) and milling slabs (metates).
Around 5,000 B.P., mortar and pestles appear in the archaeological record. Mortars and pestles
suggest the exploitation of acorns (Vellanoweth and Altschul, 2002).
Millingstone period sites in Orange County generally date to between 8,000 and 4,000 B.P.
Archaeological evidence suggests a low, stable population centered around semi-permanent
residential bases. These sites are located along coastal marine terraces, near the shoreline, bays, or
estuaries. Satellite camps were used to take advantage of seasonally available resources. Marine
resources were supplemented by seeds and small terrestrial mammals. Later Millingstone period
sites indicate a growing reliance on shellfish (Cleland et al., 2007).
Intermediate Period (3,000 to 1,5000 B.P.)
Archaeological sites dating to the Intermediate Period indicate a broader economic base, with
increased reliance on hunting and marine resources. An expanded inventory of milling equipment
is found at sites dated to this period. Intermediate period sites are characterized by the rise of the
mortar and pestle and small projectile points (Cleland et al., 2007).
The number of Intermediate period sites in Orange County declined over time, particularly
around Newport Bay, though this does not indicate a decline in overall population. Climate
changes and drier conditions led to the congregation of populations near freshwater sources.
Settlement patterns indicate greater sedentism, with reduced exploitation of seasonal resources
and a lack of satellite camps. Coastal terrace sites are not reoccupied during this time period.
These shifts in settlement and subsistence strategies led to growing population densities, resource
intensification, higher reliance on labor-intensive technologies, such as the circular fishhook, and
more abundant and diverse hunting equipment. Rises in disease and inter-personal violence,
visible in the archaeological record, may be due to the increased population densities (Cleland et
al., 2007; Raab et al., 1995).
Late Prehistoric Period (1,500 B.P. to A.D. 1769)
The Late Prehistoric period began around 1,500 B.P. and lasted until Spanish contact in 1769.
The Late Prehistoric period is marked by concentrations of larger populations in settlements and
communities, greater utilization of the available food resources, and the development of regional
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subcultures (Cleland et al., 2007). Artifacts from this period include milling implements, as well
as bone and shell tools and ornaments.
Newport Bay and San Joaquin Hills, abandoned during the Intermediate period, were reoccupied
during the Late Prehistoric period. These settlements were smaller than in the Intermediate
period. Village sites were located in areas with a multitude of resources. Small collector groups
moved between a small number of these permanent settlements (Cleland et al., 2007).
Ethnographic Background
The Project Site is located at the southern extent of Gabrielino territory, near the boundary with
Juaneño territory to the south. Traditionally, the boundary between the two is identified as Aliso
Creek, approximately 10 miles southeast of the Project Site. While this boundary places the
Project Site within Gabrielino territory, the boundary may have been fluid in the past. For this
reason, both groups are described in the sections below.
Gabrielino
The term “Gabrielino” is a general term that refers to those Native Americans who were
associated with Mission San Gabriel Arcángel. Prior to European colonization, the Gabrielino
occupied a diverse area that included: the watersheds of the Los Angeles, San Gabriel, and Santa
Ana rivers; the Los Angeles basin; and the islands of San Clemente, San Nicolas, and Santa
Catalina (Kroeber, 1925). Their neighbors included the Chumash and Tataviam to the north, the
Juañeno to the south, and the Serrano and Cahuilla to the east. The Gabrielino are reported to
have been second only to the Chumash in terms of population size and regional influence (Bean
and Smith, 1978). The Gabrielino language was part of the Takic branch of the Uto-Aztecan
language family.
The Gabrielino Indians were hunter-gatherers and lived in permanent communities located near
the presence of a stable food supply. Subsistence consisted of hunting, fishing, and gathering.
Small terrestrial game was hunted with deadfalls, rabbit drives, and by burning undergrowth,
while larger game such as deer were hunted using bows and arrows. Fish were taken by hook and
line, nets, traps, spears, and poison (Bean and Smith, 1978). The primary plant resources were the
acorn, gathered in the fall and processed in mortars and pestles, and various seeds that were
harvested in late spring and summer and ground with manos and metates. The seeds included chia
and other sages, various grasses, and islay or holly-leafed cherry. Community populations
generally ranged from 50 to 100 inhabitants, although larger settlements may have existed. The
Gabrielino are estimated to have had a population numbering around 5,000 in the pre-contact
period (Kroeber, 1925).
The Late Prehistoric period, spanning from approximately 1,500 years B.P. to the mission era, is
the period associated with the florescence of the Gabrielino (Wallace, 1955). Coming ashore near
Malibu Lagoon or Mugu Lagoon in October of 1542, Juan Rodriguez Cabrillo was the first
European to make contact with the Gabrielino Indians. The Gabrielino are reported to have been
second only to their Chumash neighbors in terms of population size, regional influence, and
degree of sedentism (Bean and Smith, 1978).
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Maps produced by early explorers indicate that at least 26 Gabrielino villages were within
proximity to known Los Angeles River courses, while an additional 18 villages were reasonably
close to the river (Gumprecht, 2001). The closest village to the Project Site was the village of
Kengaa, located in Upper Newport Bay, approximately 2 miles north of the Project Site
(McCawley, 1996). Similarly, the Kirkman-Harriman Pictorial and Historical Map of Los
Angeles County (Los Angeles Public Library, 1938) depicts a village approximately 2 miles north
of the Project Site.
Juaneño
The Juaneño spoke a language belonging to the Cupan group of the Takic subfamily of the Uto-
Aztecan language family. The Juaneño people were so called because of their association with
Mission San Juan Capistrano, although some contemporary Juaneño identify themselves by the
indigenous term Acjachemen. The Juaneño were linguistically and culturally related to the
neighboring Luiseño (with whom they are often grouped; see Bean and Shipek, 1978), Cahuilla,
and Cupeño. Juaneño territory extended from just above Aliso Creek in the north to San Onofre
Canyon in the south and inland from the Pacific Ocean to Santiago Peak and the ridges above
Lake Elsinore (Bean and Shipek, 1978).
The Juaneño lived in sedentary autonomous villages located in diverse ecological zones. Each
settlement claimed specific fishing and collecting regions. Typically, villages were located in
valley bottoms, along coastal strands and streams, and near mountain foothills. Villages were
usually sheltered in coves or canyons, on the side of slopes near water and in good defensive
spots. The are no reported ethnographic Juaneño village in the vicinity of the Project Site; the
closest village site is Toovunga located near present day Dana Point approximately 17 miles
southeast of the Project Site (O’Neil and Evans, 1980).
Trails, hunting sites, temporary hunting camps, quarry sites, and ceremonial and gaming locations
were communally owned, while houses, gardens, tools, ritual equipment, and ornamentation were
owned by individuals or families. Most groups had fishing and gathering sites along the coast that
they visited annually from January to March when inland supplies were scarce. October to
November was acorn-gathering time, when most of the village would settle in the mountain oak
groves. Houses were conical in form, partially subterranean, covered with thatch, reeds, brush, or
bark. Sweathouses were round and earth covered. Each village was enclosed with a circular fence
and had a communal ceremonial structure at the center (Bean and Shipek, 1978).
Historic-Period Setting
The historical setting for the Project is divided into three primary periods: the Spanish Period
(A.D. 1769-1821), the Mexican Period (A.D. 1821-1846), and the American Period (A.D. 1846 to
present).
Spanish Period (A.D. 1769-1821)
The first European exploration of Orange County began in 1769 when the Gaspar de Portola
expedition passed through on its way from Mexico to Monterey. A permanent Spanish presence
was established with the founding of Mission San Juan Capistrano in 1776 (Hoover et al., 2002).
3. Environmental Setting, Impacts and Mitigation Measures
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The mission was founded to break the long journey from Mission San Diego to Mission San
Gabriel (near Los Angeles). A large, ornate church was constructed at the mission from 1797 to
1806, but was destroyed only six years later in an earthquake. The church was not rebuilt.
In an effort to promote Spanish settlement of Alta California, Spain granted several large land
concessions from 1784 to 1821. At this time, Spain retained title to the land; individual ownership
of lands in Alta California was not granted. Large portions of Orange County were granted as
several large ranchos during the Spanish period. The area that would become Newport Beach was
covered in part by one such grant, the 63,400-acre Rancho Santiago de Santa Ana, was given to
Jose Antonio Yorba and his nephew Pablo Peralta in 1810. Other portions, including the area
around Newport Bay, were not included in Spanish period grants.
Mexican Period (A.D. 1821-1846)
In 1821, Mexico won its independence from Spain. Mexico continued to promote settlement of
California with the issuance of land grants. In 1833, Mexico secularized the missions, reclaiming
the majority of mission lands and redistributing them as land grants. The part of Orange County
that would become the City of Newport Beach was contained partly within Rancho Santiago de
Santa Ana, as well one of two additional grants, totaling 48,800 acres, given to Jose Antonio
Andres Sepulveda. This grant was known as Rancho Bolsa de San Joaquin, and was granted in
1842.
Many of these ranchos were used for cattle grazing by settlers during the Mexican Period. Hides
and tallow from cattle became a major export for Californios (Hispanic Californians), many of
whom became wealthy and prominent members of society. These Californios led generally easy
lives, leaving the hard work to vaqueros (Hispanic cowhands) and Indian laborers. Californios
lives centered primarily around enjoying the fruits of their labors, throwing parties and feasting
on Catholic holidays (Pitt, 1994; Starr, 2007).
American Period (A.D. 1846 to present)
Mexico ceded California to the United States as part of the Treaty of Guadalupe Hidalgo, which
ended the Mexican-American War (1846-1848). The treaty also recognized right of Mexican
citizens to retain ownership of land granted to them by Spanish or Mexican authorities. However,
the claimant was required to prove their right to the land before a patent was given. The process
was lengthy and costly, and generally resulted in the claimant losing at least a portion of their
land to attorney’s fees and other costs associated with proving ownership (Starr, 2007).
The Gold Rush (1849-1855) saw the first big influx of American settlers to California. Most of
these settlers were men hoping to strike it rich in the gold fields. The increasing population
provided an additional outlet for the Californios’ cattle (Bancroft, 1890). As demand increased,
the price of beef skyrocketed and Californios reaped the benefits.
The culmination of the Gold Rush, followed by devastating floods in 1861 and 1862 and droughts
in 1863 and 1864, led to the rapid decline of the cattle industry (Bancroft, 1890). Many
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Californios lost their lands during this period, and former ranchos were subsequently divided and
sold for agriculture and residential settlement.
Following the admission of California into the United States in 1850, the region of modern day
Orange County was originally part of Los Angeles County. Orange County was established in
1889, with the City of Santa Ana as county seat (Armor, 1921).
Newport History
The Project Site is located within what was the Mexican-era land grant known as Rancho Bolsa
de San Joaquin, granted to Sepulveda in 1842. Unlike many Mexican-era land holders in
California, Sepulveda was able to retain possession of his holdings and he became a wealthy
landowner. However, following a drought in 1864, Sepulveda sold portions of his lands to
Benjamin and Thomas Flint, Llewellyn Bixby, James Irvine, and James McFadden. Other
portions were sold to William Spurgeon and Ward Bradford to create the City of Santa Ana
(County of Orange, 2011).
In 1870, a small ship from San Diego arrived in the marsh around the Project Site to exchange
lumber for hides, tallow, livestock and grain, beginning commerce in the area. Irvine and
McFadden named the landing Newport. In 1888, the dock was moved and expanded, and in 1891,
the McFadden brothers completed a railway connection with Santa Ana (City of Newport Beach,
2006). The small harbor, known as McFadden Wharf, thrived for the next eight years, until a new
harbor was created in San Pedro in 1899. Served by the Southern Pacific Railroad, the new harbor
would soon become southern California’s major seaport.
Following the collapse of Newport as a major commercial center, McFadden sold his holdings to
William Collins in 1902. Collins saw the promise of the Newport town site as a resort and
recreation center and, in partnership with Henry Huntington, promoted Newport Beach as a
viable community outside of Los Angeles. With the establishment of a Pacific Electric Railroad
line between Newport Beach and Los Angeles, rapid transit ‘red cars’ brought new visitors to the
waterfront. Small cottages, hotels, and restaurants soon appeared. The City of Newport Beach
was incorporated on September 1, 1906 (City of Newport Beach, 2006).
Beginning in the 1920s and continuing through the 1930s, major improvements were made to the
harbor, including dredging of the lower bay and creation of jetties. The present day configuration
of Newport Harbor was created during this period. Fishing was an important industry in the
community, though the harbor became a vital military port during World War II. Because of this,
the community saw growth during and just after the war. The construction of the Santa Ana
freeway (US 101) in the 1950s spurred further growth, particularly into the hills and mesas to the
north and east of the coast (City of Newport Beach, 2006). As the fishing industry, once a strong
contributor to the city’s economy, declined, Newport Beach became a center of business, tourism,
and upscale residence.
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3.3 Cultural Resources
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Existing Cultural Resources
To identify cultural resources within the Project Site, VCS Environmental conducted archival
research and a cultural resources survey. Archival research included a records search conducted at
the California Historical Resources Information System (CHRIS) South Central Coastal
Information Center (SCCIC) on July 19, 2018, and a review of historic topographic maps and
aerial photographs.
SCCIC Records Search
The records search was conducted by staff at the SCCIC, housed at California State University,
Fullerton. The records search included a review of all previous cultural resources studies and
previously recorded cultural resources within the Project Site as well as a 0.5-mile radius around
the Project Site. Additional sources consulted included the Archaeological Determinations of
Eligibility (DOE) listing, historic maps, and the Historic Property Data File (HPDF) maintained
by the California Office of Historic Preservation (OHP). The HPDF contains listings for the
California Register of Historical Resources (California Register) and/or the National Register of
Historic Properties (National Register), California Historical Landmarks (CHL), and California
Points of Historical Interest (CPHI).
The SCCIC records search results indicate that 28 cultural resources studies have been conducted
within 0.5 miles of the Project Site. Approximately 40 percent of the 0.5-mile records search
radius has been included in previous cultural resources surveys. Of the 28 previous studies, five
(OR-00236, -01003, -01702, -02225, and -02534) overlap portions of the Project Site, and as a
results approximately 50 percent of the Project Site has been included in previous cultural
resources surveys.
The SCCIC records search results indicate that 27 cultural resources have been previously
recorded within 0.5 miles of the Project Site (Table 3.4-1). Of these 27 resources, 19 are
prehistoric archaeological sites consisting of habitation sites, two are multicomponent
archaeological sites consisting of prehistoric habitation sites and historic-period refuse, three are
prehistoric isolates, two are historic-period architectural resources consisting of the Hyatt
Regency Hotel and the Balboa Island Fire Station, and one is a monument commemorating the
Old Landing. None of the previously recorded resources occur within the Project Site.
TABLE 3.4-1 PREVIOUSLY RECORDED CULTURAL RESOURCES
Primary No.
(P-30-)
Permanent
Trinomial
(CA-ORA-) Resource Description
Dates
Recorded
Distance
from Project
Site
000047 47
Prehistoric archaeological site: habitation site containing
shell midden 1949 2,950 feet
000048 48
Prehistoric archaeological site: habitation site containing
shell midden 1949 1,555 feet
000049 49
Prehistoric archaeological site: habitation site containing
shell midden 1949 2,125 feet
000050 50
Prehistoric archaeological site: habitation site containing
shell midden 1949 1,570 feet
000051 51
Prehistoric archaeological site: habitation site containing
shell midden 1949 2,190 feet
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Primary No.
(P-30-)
Permanent
Trinomial
(CA-ORA-) Resource Description
Dates
Recorded
Distance
from Project
Site
000052 52
Prehistoric archaeological site: habitation site containing
shell midden 1949 4,010 feet
000064 64
Prehistoric archaeological site: habitation site containing
burials 1965 2,730 feet
000065 65 Prehistoric archaeological site: prehistoric habitation site 1912 2,110 feet
000066 66
Prehistoric archaeological site: habitation site containing
shell midden 1912 1,110 feet
000067 67 Prehistoric archaeological site: habitation site 1912 1,195 feet
000068 68
Prehistoric archaeological site: habitation site containing
shell midden 1912 910 feet
000069 69 Prehistoric archaeological site: habitation site 1912 1,685 feet
000098 98 Prehistoric archaeological site: shell midden 1965 825 feet
000099 99
Prehistoric archaeological site: habitation site containing
shell midden 1965 1,970 feet
000157 157
Prehistoric archaeological site: habitation site containing
shell midden 1966 1,580 feet
000158 158
Prehistoric archaeological site: habitation site containing
shell midden 1966 605 feet
000159 159
Prehistoric archaeological site: habitation site containing
shell midden 1966 1,200 feet
000186 186/H
Multicomponent archaeological site: prehistoric habitation
site and historic-period refuse scatter 1965 2,360 feet
000518 518 Prehistoric archaeological site: habitation site 1976 2,465 feet
001098 1098/H
Multicomponent archaeological site: prehistoric habitation
site and historic-period refuse scatter 1985 1,500 feet
001451 1451
Prehistoric archaeological site: habitation site containing
shell midden 1995 2,265 feet
100212 - Prehistoric isolate 2004 1,365 feet
100213 - Prehistoric isolate 2004 1,575 feet
100214 - Prehistoric isolate 2004 1,520 feet
162261 -
Historic-period feature: monument commemorating Old
Landing 1935 2,730 feet
176769 -
Historic-period architectural resources: Balboa Island Fire
Station 2000 3,430 feet
177063 - Historic-period architectural resource: Hyatt Regence Hotel 2006 1,615 feet
Sacred Lands File Search
The California Native American Heritage Commission (NAHC) maintains a confidential Sacred
Lands File (SLF) which contains sites of traditional, cultural, or religious value to the Native
American community. The NAHC conducted a SLF search on July 25, 2018. The results of the
SLF search indicate that Native American cultural resources are not known to be located within
the Project Site.
Historic Aerial Photograph Review
Historic aerial photographs were examined to provide historical information about land uses of
the Project Site. The historic aerial photograph review indicates a natural cove on the eastern
3. Environmental Setting, Impacts and Mitigation Measures
3.3 Cultural Resources
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margin of the Project Site that once extended nearly to the Pacific Coast Highway on the south
and Back Bay Drive on the east was partially filled by depositing sand around its margins
sometime between 1953 and 1963. The Marina located north of the Project Site was also built
during this time. Sometime before 1980 but after 1963, the Newport Dunes Bridge was extended
across the mouth of the cove. After 1980, North Bayside Drive was constructed in the
northwestern portion of the Project Site. By 1995, the parking lot and boat storage area located in
the northern and central portions of the and Project Site, respectively, were present. The aerial
photograph review indicates that a portion of the Project Site has been heavily modified in recent
decades.
Cultural Resources Survey
A cultural resources survey of the Project Site was conducted on July 31, 2018. The survey was
aimed at identifying surface evidence of archaeological resources and historic-period architectural
resources within the Project Site. The Project Site was subject to a pedestrian survey using north-
south trending survey transects spaced no more than 10 meters apart where possible. No cultural
resources were identified as a result of the survey.
3.4.3 Regulatory Setting
Federal, state, and local governments have developed laws and regulations designed to protect
significant cultural resources that may be affected by actions that they undertake or regulate. The
National Historic Preservation Act (NHPA) and CEQA are the primary federal and state laws
governing preservation of historic and archaeological resources of national, regional, state and
local significance.
Federal
National Historic Preservation Act
The principal federal law addressing historic properties is the National Historic Preservation Act
(NHPA), as amended (54 United States Code of Laws [USC] 300101 et seq.), and its
implementing regulations (36 CFR Part 800). Section 106 requires a federal agency with
jurisdiction over a proposed federal action (referred to as an “undertaking” under the NHPA) to
take into account the effects of the undertaking on historic properties, and to provide the Advisory
Council on Historic Preservation (ACHP) an opportunity to comment on the undertaking.
The term “historic properties” refers to “any prehistoric or historic district, site, building,
structure, or object included in, or eligible for inclusion in, the National Register” (36 CFR Part
800.16(l)(1)). The implementing regulations (36 CFR Part 800) describe the process for
identifying and evaluating historic properties, for assessing the potential adverse effects of federal
undertakings on historic properties, and seeking to develop measures to avoid, minimize, or
mitigate adverse effects. The Section 106 process does not require the preservation of historic
properties; instead, it is a procedural requirement mandating that federal agencies take into
account effects to historic properties from an undertaking prior to approval.
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The steps of the Section 106 process are accomplished through consultation with the State
Historic Preservation Officer (SHPO), federally-recognized Indian tribes, local governments, and
other interested parties. The goal of consultation is to identify potentially affected historic
properties, assess effects to such properties, and seek ways to avoid, minimize, or mitigate any
adverse effects on such properties. The agency also must provide an opportunity for public
involvement (36 CFR 800.1(a)). Consultation with Indian tribes regarding issues related to
Section 106 and other authorities (such as the National Environmental Policy Act, or NEPA, and
Executive Order No. 13007) must recognize the government-to-government relationship between
the Federal government and Indian tribes, as set forth in Executive Order 13175, 65 FR 87249
(Nov. 9, 2000), and Presidential Memorandum of November 5, 2009.
National Register of Historic Places
The NRHP was established by the NHPA of 1966, as “an authoritative guide to be used by
federal, State, and local governments, private groups and citizens to identify the Nation’s historic
resources and to indicate what properties should be considered for protection from destruction or
impairment” (36 CFR 60.2). The NRHP recognizes a broad range of cultural resources that are
significant at the national, state, and local levels and can include districts, buildings, structures,
objects, prehistoric archaeological sites, historic-period archaeological sites, traditional cultural
properties, and cultural landscapes. As noted above, a resource that is listed in or eligible for
listing in the NRHP is considered “historic property” under Section 106 of the NHPA.
To be eligible for listing in the NRHP, a property must be significant in American history,
architecture, archaeology, engineering, or culture. Properties of potential significance must meet
one or more of the following four established criteria:
A. Are associated with events that have made a significant contribution to the broad patterns
of our history;
B. Are associated with the lives of persons significant in our past;
C. Embody the distinctive characteristics of a type, period, or method of construction or that
represent the work of a master, or that possess high artistic values, or that represent a
significant and distinguishable entity whose components may lack individual distinction; or
D. Have yielded, or may be likely to yield, information important in prehistory or history.
In addition to meeting one or more of the criteria of significance, a property must have integrity.
Integrity is defined as “the ability of a property to convey its significance” (U.S. Department of
the Interior, 2002). The NRHP recognizes seven qualities that, in various combinations, define
integrity. The seven factors that define integrity are location, design, setting, materials,
workmanship, feeling, and association. To retain historic integrity a property must possess
several, and usually most, of these seven aspects. Thus, the retention of the specific aspects of
integrity is paramount for a property to convey its significance.
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Ordinarily religious properties, moved properties, birthplaces or graves, cemeteries, reconstructed
properties, commemorative properties, and properties that have achieved significance within the
past 50 years are not considered eligible for the NRHP unless they meet one of the Criteria
Considerations (A-G), in addition to meeting at least one of the four significance criteria and
possessing integrity (U.S. Department of the Interior, 2002).
State
California Environmental Quality Act
CEQA is the principal statute governing environmental review of projects occurring in the state
and is codified at Public Resources Code (PRC) Section 21000 et seq. CEQA requires lead
agencies to determine if a proposed project would have a significant effect on the environment,
including significant effects on historical or unique archaeological resources.
Under CEQA (Section 21084.1), a project that may cause a substantial adverse change in the
significance of an historical resource is a project that may have a significant effect on the
environment. An archaeological resource may qualify as an “historical resource” under CEQA.
The CEQA Guidelines (Title 14 California Code of Regulations [CCR] Section 15064.5)
recognize that an historical resource includes: (1) a resource listed in, or determined to be eligible
by the State Historical Resources Commission, for listing in the California Register; (2) a
resource included in a local register of historical resources, as defined in PRC Section 5020.1(k)
or identified as significant in a historical resource survey meeting the requirements of PRC
Section 5024.1(g); and (3) any object, building, structure, site, area, place, record, or manuscript
which a lead agency determines to be historically significant or significant in the architectural,
engineering, scientific, economic, agricultural, educational, social, political, military, or cultural
annals of California by the lead agency, provided the lead agency’s determination is supported by
substantial evidence in light of the whole record. The fact that a resource does not meet the three
criteria outlined above does not preclude the lead agency from determining that the resource may
be an historical resource as defined in PRC Sections 5020.1(j) or 5024.1.
If a lead agency determines that an archaeological site is a historical resource, the provisions of
Section 21084.1 of CEQA and Section 15064.5 of the CEQA Guidelines apply. If a project may
cause a substantial adverse change (defined as physical demolition, destruction, relocation, or
alteration of the resource or its immediate surroundings such that the significance of an historical
resource would be materially impaired) in the significance of an historical resource, the lead
agency must identify potentially feasible measures to mitigate these effects (CEQA Guidelines
Sections 15064.5(b)(1), 15064.5(b)(4)).
If an archaeological site does not meet the criteria for a historical resource contained in the CEQA
Guidelines, then the site may be treated in accordance with the provisions of Section 21083,
which is as a unique archaeological resource. As defined in Section 21083.2 of CEQA a “unique”
archaeological resource is an archaeological artifact, object, or site, about which it can be clearly
demonstrated that without merely adding to the current body of knowledge, there is a high
probability that it meets any of the following criteria:
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Contains information needed to answer important scientific research questions and there is a
demonstrable public interest in that information;
Has a special and particular quality such as being the oldest of its type or the best available
example of its type; or,
Is directly associated with a scientifically recognized important prehistoric or historic event
or person.
If an archaeological site meets the criteria for a unique archaeological resource as defined in
Section 21083.2, then the site is to be treated in accordance with the provisions of Section
21083.2, which state that if the lead agency determines that a project would have a significant
effect on unique archaeological resources, the lead agency may require reasonable efforts be
made to permit any or all of these resources to be preserved in place (Section 21083.1(a)). If
preservation in place is not feasible, mitigation measures shall be required.
The CEQA Guidelines note that if an archaeological resource is neither a unique archaeological
nor a historical resource, the effects of the project on those resources shall not be considered a
significant effect on the environment (CEQA Guidelines Section 15064.5(c)(4)).
California Register of Historical Resources
The California Register is “an authoritative listing and guide to be used by State and local
agencies, private groups, and citizens in identifying the existing historical resources of the State
and to indicate which resources deserve to be protected, to the extent prudent and feasible, from
substantial adverse change” (PRC Section 5024.1[a]). The criteria for eligibility for the California
Register are based upon National Register of Historic Place (National Register) criteria (PRC
Section 5024.1[b]). Certain resources are determined by the statute to be automatically included
in the California Register, including California properties formally determined eligible for, or
listed in, the National Register.
To be eligible for the California Register, a prehistoric or historic-period property must be
significant at the local, state, and/or federal level under one or more of the following four criteria:
A. Is associated with events that have made a significant contribution to the broad patterns of
California’s history and cultural heritage;
B. Is associated with the lives of persons important in our past;
C. Embodies the distinctive characteristics of a type, period, region, or method of construction,
or represents the work of an important creative individual, or possesses high artistic values; or
D. Has yielded, or may be likely to yield, information important in prehistory or history.
A resource eligible for the California Register must meet one of the criteria of significance
described above, and retain enough of its historic character or appearance (integrity) to be
recognizable as a historical resource and to convey the reason for its significance. It is possible
that a historic resource may not retain sufficient integrity to meet the criteria for listing in the
National Register, but it may still be eligible for listing in the California Register.
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3.3 Cultural Resources
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Additionally, the California Register consists of resources that are listed automatically and those
that must be nominated through an application and public hearing process. The California
Register automatically includes the following:
California properties listed on the National Register and those formally determined eligible
for the National Register;
California Registered Historical Landmarks from No. 770 onward; and,
Those California Points of Historical Interest that have been evaluated by the OHP and have
been recommended to the State Historical Commission for inclusion on the California
Register.
Other resources that may be nominated to the California Register include:
Historical resources with a significance rating of Category 3 through 5 (those properties
identified as eligible for listing in the National Register, the California Register, and/or a
local jurisdiction register);
Individual historical resources;
Historical resources contributing to historic districts; and,
Historical resources designated or listed as local landmarks, or designated under any local
ordinance, such as an historic preservation overlay zone.
California Public Resources Code Section 21080.3.1
California PRC Section 21080.3.1, as amended by Assembly Bill 52 (AB 52), requires lead
agencies to consider the effects of projects on tribal cultural resources and to conduct consultation
with federally and non-federally recognized Native American Tribes early in the environmental
planning process, and applies specifically to projects for which a Notice of Preparation (NOP) or
a notice of Negative Declaration or Mitigated Negative Declaration (MND) will be filed on or
after July 1, 2015.
The goal of PRC Section 21080.3.1 is to include California Tribes in determining whether a
project may result in a significant impact to tribal cultural resources that may be undocumented or
known only to the Tribe and its members. A project that may cause a substantial adverse change
in the significance of a tribal cultural resource (sites, features, places, cultural landscapes, sacred
places, and objects with cultural value to a California Native American Tribe) is a project that
may have a significant effect on the environment. PRC Section 21080.3.1 defines tribal cultural
resources as “sites, features, places, cultural landscapes, sacred places, and objects with cultural
value to a California Native American Tribe” that are either included or determined to be eligible
for inclusion in the California Register or included in a local register of historical resources (PRC
Section 21074 (a)(1)).
PRC Section 21080.3.1 requires that prior to determining whether a Negative Declaration, MND,
or Environmental Impact Report (EIR) is prepared for a project, the lead agency must consult
with California Native American Tribes, defined as those identified on the contact list maintained
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by the California NAHC, who are traditionally and culturally affiliated with the geographic area
of the proposed project, and who have requested such consultation in writing. The following is
what the scope of consultation may include according to PRC Section 21080.3.2(a):
The type of environmental review necessary
The significance of tribal cultural resources
The significance of the project’s impacts on the tribal cultural resources
Project alternatives or the appropriate measures for preservation
Recommended mitigation measures
PRC Section 21080.3.1 outlines the required procedures concerning consultation (PRC Section
21080.3.1(d) and (e)) including the initiation and conclusion of consultation. Consultation should
be initiated by a lead agency within 14 days of determining that an application for a project is
complete or that a decision by a public agency to undertake a project. The lead agency shall
provide formal notification to the designated contact of, or a tribal representative of, traditionally
and culturally affiliated California Native American Tribes that have requested notice. At the very
least the notice should consist of at least one written notification that includes a brief description
of the proposed project and its location, the lead agency contact information, and a notification
that the California Native American Tribe has 30 days to request consultation pursuant to this
section. The lead agency shall begin the consultation process within 30 days of receiving a
California Native American Tribe’s request for consultation. According to PRC Section
21080.3.2(b), consultation is considered concluded when either the parties agree to measures to
mitigate or avoid a significant effect, if a significant effect exists, on a tribal cultural resource, or
a party, acting in good faith and after reasonable effort, concludes that mutual agreement cannot
be reached.
California Health and Safety Code Section 7050.5
California Health and Safety Code Section 7050.5 requires that in the event human remains are
discovered, the County Coroner be contacted to determine the nature of the remains. In the event
the remains are determined to be Native American in origin, the Coroner is required to contact the
NAHC within 24 hours to relinquish jurisdiction.
California Public Resources Code Section 5097.98
California PRC Section 5097.98, as amended by Assembly Bill 2641, provides procedures in the
event human remains of Native American origin are discovered during project implementation.
PRC Section 5097.98 requires that no further disturbances occur in the immediate vicinity of the
discovery, that the discovery is adequately protected according to generally accepted cultural and
archaeological standards, and that further activities take into account the possibility of multiple
burials. PRC Section 5097.98 further requires the NAHC, upon notification by a County Coroner,
designate and notify a Most Likely Descendant (MLD) regarding the discovery of Native
American human remains. Once the MLD has been granted access to the site by the landowner
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and inspected the discovery, the MLD then has 48 hours to provide recommendations to the
landowner for the treatment of the human remains and any associated grave goods.
In the event that no descendant is identified, or the descendant fails to make a recommendation
for disposition, or if the land owner rejects the recommendation of the descendant, the landowner
may, with appropriate dignity, reinter the remains and burial items on the property in a location
that will not be subject to further disturbance.
Local
City of Newport Beach General Plan
The City has developed the following historical resources goals and policies, as outlined in the
Historical Resources Element of the City’s General Plan (City of Newport Beach 2006).
Goal HR 1: Recognize and protect historically significant landmarks, sites, and structures.
Policy HR 1.1 Historical Resources Inventory. Maintain and periodically update the
Newport Beach Register of Historical Property for buildings, objects, structures, and
monuments having importance to the history or architecture of Newport Beach and
require photo documentation of inventoried historic structures prior to demolition.
Policy HR 1.2 Preservation or Re-Use of Historical Structures. Encourage the
preservation of structures listed on the National Register of Historic Places and/or the list
of California Historical Landmarks, and/or the Newport Beach Register of Historical
Property. Provide incentives, such as grading reductions or waivers of application fees,
permit fees, and/or any liens placed by the City to properties listed in the National or
State Register or the Newport Beach Register of Historical Property in exchange for
preservation easements.
Policy HR 1.3 Historical Landmarks. Encourage the placement of historical landmarks,
photographs, markers, or plaques at areas of historical interest or value. Create a
Landmark Plan that will recognize and designate culturally important heritage sites that
are eligible for the placement of historical landmarks or plaques. The Plan will also
identify funding opportunities to support the program such as development fees,
corporate or civic sponsorships, donations, or utilizing General Funds.
Policy HR 1.4 Adaptive Re-use. Encourage alternatives to demolition of historical sites
or structures by promoting architecturally compatible rehabilitation or adaptive re-use.
Provide incentives such as permit and application fee waivers, flexible building
requirements and free technical advice by person(s) qualified in historical preservation.
Policy HR 1.5 Historical Elements within New Projects. Require that proposed
development that is located on a historical site or structure incorporate a physical link to
the past within the site or structural design, if preservation or adaptive reuse is not a
feasible option. For example, incorporate historical photographs or artifacts within the
3. Environmental Setting, Impacts and Mitigation Measures
3.4 Cultural Resources
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proposed project or preserve the location and structures of existing pathways, gathering
places, seating areas, rail lines, roadways, or viewing vantage points within the proposed
site design.
Policy HR 1.6 Documentation. Require that, prior to the issuance of a demolition or
grading permit, developers of a property that contains an historic structure as defined by
CEQA retain a qualified consultant to record the structure in accordance with U.S.
Secretary of Interior guidelines (which includes drawings, photographs, and written data)
and submit this information to the Newport Beach Historical Society, Orange County
Public Library, and City Planning Department.
Policy HR 1.7 Offer for Relocation of Historic Structure. Require that, prior to the
demolition of a historic structure, developers offer the structure for relocation by
interested parties.
Goal HR 2: Identification and protection of important archeological and paleontological
resources within the City.
Policy HR 2.1 New Development Activities. Require that, in accordance with CEQA,
new development protect and preserve paleontological and archaeological resources from
destruction, and avoid and mitigate impacts to such resources. Through planning policies
and permit conditions, ensure the preservation of significant archeological and
paleontological resources and require that the impact caused by any development be
mitigated in accordance with CEQA.
Policy HR 2.2 Grading and Excavation Activities. Maintain sources of information
regarding paleontological and archeological sites and the names and addresses of
responsible organizations and qualified individuals, who can analyze, classify, record,
and preserve paleontological or archeological findings. Require a qualified
paleontologist/archeologist to monitor all grading and/or excavation where there is a
potential to affect cultural, archeological or paleontological resources. If these resources
are found, the applicant shall implement the recommendations of the
paleontologist/archeologist, subject to the approval of the City Planning Department.
Policy HR 2.3 Cultural Organizations. Notify cultural organizations, including Native
American organizations, of proposed developments that have the potential to adversely
impact cultural resources. Allow representatives of such groups to monitor grading and/or
excavation of development sites.
Policy HR 2.4 Paleontological or Archaeological Materials. Require new development
to donate scientifically valuable paleontological or archaeological materials to a
responsible public or private institution with a suitable repository, located within
Newport Beach, or Orange County, whenever possible.
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Thresholds of Significance
For the purposes of this EIR and consistency with Appendix G of the CEQA Guidelines, the
project would have a significant impact on cultural resources if it would:
Cause a substantial adverse change in the significance of a historical resource as defined in
CEQA Guidelines Section 15064.5 (See Impact 3.4-1 below);
Cause a substantial adverse change in the significance of an archaeological resource pursuant
to CEQA Guidelines Section 15064.5 (See Impact 3.4-2 below);
Disturb any human remains, including those interred outside of formal cemeteries (See
Impact 3.4-3 below);
CEQA provides that a project may cause a significant environmental effect where the project
could result in a substantial adverse change in the significance of a historical resource (Public
Resources Code, Section 21084.1). CEQA Guidelines Section 15064.5 defines a “substantial
adverse change” in the significance of a historical resource to mean physical demolition,
destruction, relocation, or alteration of the resource or its immediate surroundings such that the
significance of a historical resource would be “materially impaired” (CEQA Guidelines,
Section 15064.5[b][1]).
CEQA Guidelines, Section 15064.5(b)(2), defines “materially impaired” for purposes of the
definition of “substantial adverse change” as follows:
The significance of a historical resource is materially impaired when a project:
Demolishes or materially alters in an adverse manner those physical characteristics of an
historical resource that convey its historical significance and that justify its inclusion in, or
eligibility for, inclusion in the California Register; or
Demolishes or materially alters in an adverse manner those physical characteristics that
account for its inclusion in a local register of historical resources pursuant to
Section 5020.1(k) of the Public Resources Code or its identification in an historical resources
survey meeting the requirements of Section 5024.1(g) of the Public Resources Code, unless
the public agency reviewing the effects of the project establishes by a preponderance of
evidence that the resource is not historically or culturally significant; or
Demolishes or materially alters in an adverse manner those physical characteristics of a
historical resource that convey its historical significance and that justify its eligibility for
inclusion in the California Register as determined by a lead agency for purposes of CEQA.
In accordance with CEQA Guidelines Section 15064.5(b)(3), generally a project that follows the
Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for
Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings or Standards for
Rehabilitation and Guidelines for Rehabilitating Historic Buildings is considered to have
mitigated impacts to historic resources to less than significant.
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Historic resources are usually 50 years old or older and must meet at least one of the criteria for
listing in the California Register (such as association with historical events, important people, or
architectural significance), in addition to maintaining a sufficient level of physical integrity
(CEQA Guidelines Section 15064.5[a][3]).
3.3.4 Methodology
The Project’s potential impacts to cultural resources have been evaluated using a variety
of sources. To evaluate the Project’s potential impacts on significant archaeological and
historic built environment resources, VCS Environmental conducted a Phase I Cultural
Resources Assessment of the Project Site, which included archival research and a
cultural resources survey (Maxon, 2018). Based on these data, impacts were analyzed
according to CEQA significance criteria described above.
3.3.5 Impact Analysis
Historical Resources
Impact 3.3-1: Implementation of the project would/would not cause a substantial adverse
change in the significance of a historical resource as defined in §15064.5.
Project-Specific
The archival research and cultural resources survey conducted for the Project did not identify the
presence of historical resources within or immediately adjacent to the Project Site. However, the
SCCIC records search identified a number of prehistoric archaeological sites consisting largely of
habitation sites within 0.5 miles of the Project Site, indicating the Project vicinity is highly
sensitive for the presence of prehistoric archaeological resources. The entirety of the Project Site
has been subject to disturbances associated with the development of a boat and RV storage area
and parking lot in the Project Site’s northern portion and placement of dredged in the southern
portion. These previous disturbances would have destroyed or buried surface manifestations of
archaeological resources; however, there may exist subsurface archaeological resources
underlying the Project Site. Should subsurface archaeological resources be present within the
Project Site, they may qualify as historical resources pursuant to CEQA and could be subject to
potential impacts as result of Project implementation. Therefore, the Project has the potential to
cause a substantial change in the significance of a historical resource.
Cumulative
Implementation of the cumulative projects would result in ground disturbance that could impact
subsurface archaeological resources that may qualify as historical resources. Therefore, potential
cumulative impacts to historical resources could be cumulatively significant. Because the
implementation of the Project could also encounter subsurface archaeological resources that may
qualify as historical resources, the Project’s contribution to cumulative historical resources
impacts would be cumulatively considerable.
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Mitigation Measures
Project-Specific
Mitigation Measure CUL-1: Prior to the issuance of a grading permit and the start of
ground-disturbing activities, the Applicant shall retain a qualified archaeologist meeting
the Secretary of the Interior’s Professional Qualifications Standards for archaeology (U.S.
Department of the Interior, 2008) to carry out all mitigation related to cultural resources.
Mitigation Measure CUL-2: Prior to the start of ground-disturbing activities, the
qualified archaeologist shall conduct cultural resources sensitivity training for all
construction personnel. Construction personnel will be informed of the types of
archaeological resources that may be encountered, and of the proper procedures to be
enacted in the event of an inadvertent discovery of archaeological resources or human
remains. The Applicant shall ensure that construction personnel are made available for
and attend the training and retain documentation demonstrating attendance.
Mitigation Measure CUL-3: An archaeological monitor (working under the direct
supervision of the qualified archaeologist) shall observe all initial ground-disturbing
activities, including but not limited to brush clearance, vegetation removal, grubbing,
grading, and excavation. The qualified archaeologist, in coordination with the City, may
reduce or discontinue monitoring if it is determined that the possibility of encountering
buried archaeological deposits is low based on observations of soil stratigraphy or other
factors. Archaeological monitoring will be conducted by an archaeologist familiar with
the types of archaeological resources that could be encountered within the Project. The
archaeological monitor shall be empowered to halt or redirect ground-disturbing activities
away from the vicinity of a discovery until the qualified archaeologist has evaluated the
discovery and determined appropriate treatment (as prescribed in Mitigation Measure
CUL-4). The archaeological monitor will keep daily logs detailing the types of activities
and soils observed, and any discoveries. After monitoring has been completed, the
qualified archaeologist will prepare a monitoring report that details the results of
monitoring. The report will be submitted to the City. A copy of the final report will be
filed at the SCCIC.
Mitigation Measure CUL-4: In the event of the unanticipated discovery of
archaeological materials, all work shall immediately cease in the area (within
approximately 100 feet) of the discovery until it can be evaluated by the qualified
archaeologist. Construction shall not resume until the qualified archaeologist has
conferred with the City on the significance of the resource.
If it is determined that the discovered archaeological resource constitutes a historical
resource or a unique archaeological resource under CEQA, avoidance and preservation in
place is the preferred manner of mitigation. Preservation in place may be accomplished
by, but is not limited to, avoidance, incorporating the resource into open space, capping,
or deeding the site into a permanent conservation easement. In the event that preservation
in place is demonstrated to be infeasible and data recovery through excavation is the only
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feasible mitigation available, a Cultural Resources Treatment Plan shall be prepared and
implemented by the qualified archaeologist in consultation with the City that provides for
the adequate recovery of the scientifically consequential information contained in the
archaeological resource. The qualified archaeologist and City shall consult with
appropriate Native American representatives in determining treatment for prehistoric or
Native American resources to ensure cultural values ascribed to the resource, beyond that
which is scientifically important, are considered.
Cumulative
Implement Mitigation Measures CUL-1 through CUL-4
Significance Determination
Project-Specific
CEQA Guidelines Sections 15064.5(b)(1), and 15064.5(b)(4) require a lead agency to identify
feasible measures to mitigate a substantial adverse change in the significance of a historical
resource. Mitigation Measures CUL-1 through CUL-4 present feasible measures to mitigate
substantial adverse changes in the significance of historical resources by requiring qualified
technical specialists to provide oversight and worker training, as well as define the specialists’
qualifications. These measures also provide clear parameters for resource monitoring and steps to
be executed if cultural resources qualifying as historical resources are discovered. With
implementation of these measures, impacts to resources qualifying as historical resources would
be less than significant.
Cumulative
CEQA Guidelines Sections 15064.5(b)(1), and 15064.5(b)(4) require a lead agency to identify
feasible measures to mitigate a substantial adverse change in the significance of a historical
resource. Mitigation Measures CUL-1 through CUL-4 present feasible measures to mitigate
substantial adverse changes in the significance of historical resources by requiring qualified
technical specialists to provide oversight and worker training, as well as define the specialists’
qualifications. These measures also provide clear parameters for resource monitoring and steps to
be executed if cultural resources qualifying as historical resources are discovered. With
implementation of these measures, cumulative impacts to cultural resources qualifying as
historical resources would be less than significant.
_________________________
Unique Archaeological Resources
Impact 3.3-2: The proposed project would/would not cause a substantial adverse change in
the significance of a unique archaeological resource.
Project-Specific
As noted above, no archaeological resources have been identified within or immediately adjacent
to the Project Site. However, the SCCIC records search identified a number of prehistoric
archaeological sites within 0.5 miles of the Project Site, indicating the Project vicinity is highly
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sensitive for the presence of prehistoric archaeological resources. Although previous disturbances
within the Project Site would have destroyed or buried surface manifestations of archaeological
resources, there may exist subsurface archaeological resources underlying the Project Site that
could qualify as unique archaeological resources pursuant to CEQA. Should unique
archaeological resources underlie the Project Site they could be subject to impacts as a result of
Project implementation. Therefore, the Project has the potential to cause a substantial change in
the significance of a unique archaeological resource.
Cumulative
Implementation of the cumulative projects would result in ground disturbance that could impact
subsurface archaeological resources that may qualify as unique archaeological resources.
Therefore, potential cumulative impacts to unique archaeological resources could be cumulatively
significant. Because the implementation of the Project could also encounter subsurface
archaeological resources that may qualify as unique archaeological resources, the Project’s
contribution to cumulative archaeological resource impacts would be cumulatively considerable.
Mitigation Measures
Project-Specific
Implement Mitigation Measure CUL-1 through CUL-4
Cumulative
Implement Mitigation Measure CUL-1 through CUL-4
Significance Determination
Project-Specific
CEQA Section 21083.1(a) requires reasonable efforts be made to preserve in place any and all
identified unique archaeological resources, as defined in Section 21083.2, that a lead agency has
determined would be significantly impacted by a project. Mitigation Measures CUL-1 through
CUL-4 present reasonable efforts for the preservation in place of unique archaeological resources
by requiring qualified technical specialists to provide oversight and worker training, as well as
define the specialists’ qualifications. These measures also provide clear parameters for resource
monitoring and steps to be executed if a cultural resources qualifying as unique archaeological
resources are discovered. With implementation of these measures, impacts to unique
archaeological resources would be less than significant.
Cumulative
CEQA Section 21083.1(a) requires reasonable efforts be made to preserve in place any and all
identified unique archaeological resources, as defined in Section 21083.2, that a lead agency has
determined would be significantly impacted by a project. Mitigation Measures CUL-1 through
CUL-4 present reasonable efforts for the preservation in place of unique archaeological resources
by requiring qualified technical specialists to provide oversight and worker training, as well as
define the specialists’ qualifications. These measures also provide clear parameters for resource
monitoring and steps to be executed if a cultural resources qualifying as unique archaeological
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resources are discovered. With implementation of these measures, impacts to unique
archaeological resources would be less than significant.
_________________________
Human Remains
Impact 3.3-3 Implementation of the project would/would not disturb any human remains,
including those interred outside of formal cemeteries.
Project-Specific
There is no indication that the Project Site has been used for human burial purposes in the recent
or distant past; however, the known prehistoric activity in the area and the general sensitivity of
the area for buried prehistoric resources means that there is a possibility of uncovering human
remains during Project implementation. In the event that human remains are discovered during
Project construction, including those interred outside of formal cemeteries, the human remains
could be inadvertently disturbed, which could be a significant impact.
Cumulative
Implementation of the cumulative projects would result in ground disturbance that could unearth,
expose, or disturb previously unknown human remains. Therefore, potential cumulative impacts
to unknown human remains could be cumulatively significant. Because the implementation of the
Project could also unearth, expose, or disturb previously unknown human remains, the Project’s
contribution to cumulative human remains impacts would be cumulatively considerable.
Mitigation Measures
Project-Specific
Mitigation Measure CUL-5: If human remains are encountered, California Health and
Safety Code Section 7050.5 states that no further disturbance shall occur until the
Riverside County Coroner has made the necessary findings as to origin. Further, pursuant
to PRC Section 5097.98(b), remains shall be left in place and free from disturbance until
a final decision as to the treatment and disposition has been made. If the Riverside
County Coroner determines the remains to be Native American, the NAHC must be
contacted within 24 hours. The NAHC must then immediately identify the MLD upon
receiving notification of the discovery. The MLD shall then make recommendations
within 48 hours and engage in consultation concerning the treatment of the remains as
provided in PRC Section 5097.98.
Cumulative
Implement Mitigation Measure CUL-5.
Significance Determination
Project-Specific
California Health and Safety Code Section 7050.5 and California Public Resources Code Section
5097.98 require protocols to be implemented should human remains be identified during
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excavation activities. Mitigation Measure CUL-5 includes the requirements as outlined in
California Health and Safety Code Section 7050.5 and California Public Resources Code Section
5097.98, and would reduce potential impacts on human remains to less than significant.
Cumulative
California Health and Safety Code Section 7050.5 and California Public Resources Code Section
5097.98 require protocols to be implemented should human remains be identified during
excavation activities. Mitigation Measure CUL-5 includes the requirements as outlined in
California Health and Safety Code Section 7050.5 and California Public Resources Code Section
5097.98, and would reduce potential cumulative impacts on human remains to less than
significant.
_________________________
3.3.6 References
Armor, Samuel. 1921. History of Orange County, California: with biographical sketches of the
leading men and women of the county who have been identified with its earliest growth and
development from the early days to the present. Los Angeles: Historic Record Co.
Bancroft, Hubert Howe. 1890. The Works of Hubert Howe Bancroft, Vol. XXIV, History of
California, Vol. VII, 1860-1890. The History Company Publishers, San Francisco, CA.
Bean, Lowell John., and C.R. Smith. 1978. Gabrielino. In California, edited by R.F. Heizer, pp.
538-549. Handbook of North American Indians, Vol. 8, Smithsonian Institution,
Washington.
Bean, Lowell J., and Florence C. Shipek. 1978. Luiseño, in California, edited by Robert F.
Heizer, pp. 550-563. Handbook of North American Indians, Vol. 8, W. C. Sturtevant,
general editor, Smithsonian Institution, Washington, D.C.
City of Newport Beach. 2006. General Plan, Historical Resources Element. Adopted July 25,
2006.
Cleland, J.H., A.L. York, and L.M. Willey. 2007. Piecing Together the Prehistory of Landing
Hill: A Place Remembered, EDAW Cultural Publications No. 3, San Diego, CA.
County of Orange. 2011. Spanish and Mexican Ranchos. Electronic resource,
http://egov.ocgov.com/ vgnfiles/ocgov/Clerk-
Recorder/Docs/Archives/Spanish_and_Mexican_Ranchos.pdf, accessed on March 18,
2018.
Dixon, Keith A. 1983. Early Holocene Human Adaptation on the Southern California Coast: A
Summary Report of Investigations at the Irvine Site (CA-ORA-64), Newport Bay, Orange
County, California. In Pacific Coast Archaeological Society Quarterly, 19(3&4):1-84.
Drover, C.E., H.C. Koerper, and P. Langenwalter II. 1983. Early Holocene Human Adaptation on
the Southern California Coast: A Summary Report of Investigations at the Irvine Site (CA-
3. Environmental Setting, Impacts and Mitigation Measures
3.4 Cultural Resources
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ORA-64), Newport Bay, Orange County, California. In Pacific Coast Archaeological
Society Quarterly, 19(3&4): 1-84.
Erlandson, Jon M. 1994. Early Hunter-Gatherers of the California Coast. Plenum Press, New
York.
Gumprecht, Blake. 2001. Los Angeles River: Its Life, and Possible Rebirth, The Johns Hopkins
University Press, Baltimore, 1999, Reprinted 2001.Historicaerials.com. 2018. Historic
aerial photographs for the years of 1954, 1963, 1972, 1980, 1994, 2003, 2004, and 2005.
https://www.historicaerials.com/viewer, accessed on August 3, 2018.
Hoover, M. B., H. E. Rensch, E. G. Rensch, W. N. Abeloe. 2002. Historic Spots in California.
Revised by Douglas E. Kyle. Palo Alto, CA: Stanford University Press.
Jones, Terry L. 1992. Settlement Trends Along the California Coast. In Essays on the Prehistory
of Maritime California, edited by Terry L. Jones, pp. 1-38. No. 10, Center for
Archaeological Research at Davis, University of California at Davis.
Kroeber, A. L. 1925. Handbook of the Indians of California. Bureau of American Ethnology
Bulletins, No. 78. Smithsonian Institution: Washington, D.C.
Los Angeles Public Library. 1938. Kirkman-Harriman Pictorial and Historical Map of Los
Angeles County 1860-1937. Electronic resource, https://www.lapl.org/collections-
resources/visual-collections/kirkman-harriman-pictorial-and-historical-map-los-angeles,
accessed March 20, 2019.
Macko, M. 1998. Neolithic Newport Executive Summary: Results of Implementing Mitigation
Measures Specified in the Operation Plan Research Design for the Proposed Newporter
North Residential Development at ORA-64. Prepared for the Irvine Community
Development Company, Newport Beach. Macko, Inc., Costa Mesa.
Maxon, Patrick O. 2018. Phase I Cultural Resources Assessment Newport Dunes Resort Hotel
Project, Newport Beach, California. Prepared for Newport Bayside Resort, LLC, by VCS
Environmental.
McCawley, William. 1996. The First Angelinos: The Gabrielino Indians of Los Angeles, Malki
Museum Press, Banning, California.
O’Neil, Stephen, and Nancy Evans. 1980. Notes on Historical Juaneno Villages and Geographical
Features, Journal of California and Great Basin Anthropology 2(2):226-232.
Pitt, Leonard. 1994. The Decline of the Californios: A Social History of the Spanish-speaking
Californians, 1846-1890. University of California Press, Berkeley, 1994.
Raab, L.M., J.L. Porcasi, K. Bradford, and A. Yatsko. 1995. Beyond the 50-Percent Solution:
Maritime Intensification at Eel Point, San Clemente Island, California. Presented at the
Annual Meetings of the Society for California Archaeology, Eureka.
Starr, Kevin. 2007. California: A History. Modern Library.
3. Environmental Setting, Impacts and Mitigation Measures
3.3 Cultural Resources
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Vellanoweth, R.L. and J.H. Altschul. 2002. Antiquarians, Culture Historians, and Scientists: The
Archaeology of the Bight, in Islanders and Mainlanders: Prehistoric Context for the
Southern California Bight, edited by J.H. Altschul and D.G. Grenda, pp. 85-111, SRI Press,
Tucson.
Wallace, William J. 1955. A Suggested Chronology for southern California Coastal Archaeology.
Southwestern Journal of Anthropology 11(3); 214-230, 1955.
Warren, Claude. 1968. Cultural Tradition and Ecological Adaptation on the Southern California
Coast, in Archaic Prehistory in the Western United States, edited by C. Irwin-Williams, pp
1-14. Eastern New Mexico University Contributions in Anthropology, 1(3).
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3.6 Geology and Soils
Introduction
This section addresses the potential impacts to geology and soils associated with the proposed
project development. A description of regional and local geology, a summary of applicable
regulations related to geologic and seismic hazards, an evaluation of the potential impacts that
may result from implementing the proposed project and identification of mitigation measures to
minimize potential effects is provided.
3.6.1 Environmental Setting
Regional Geologic Setting
XXX
Regional Faulting and Seismicity
XXX
Local
XXX
Faults and Seismicity
XXX
Liquefaction and Lateral Spreading Risk
XXX
Landslide Potential
XXX
Erosion
XXX
Settlement, Subsidence and Collapsible Soils
XXX
Paleontological Setting
The Project Site contains surface exposures of younger Quaternary Alluvium, the Capistrano
Formation, and the Monterey Formation (Maxon, 2018). The majority of the Project Site is
comprised of surface deposits of Holocene-age (11,700 years ago to present) younger Quaternary
Alluvium, derived as coastal dune sands, fluvial and tidal deposits from San Diego Creek which
flows into bay. These young alluvial deposits have low potential to contain paleontological
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resources in its upper levels given its young age; however, young alluvial deposits are often
underlain at depth by older alluvial deposits which have the potential to contain paleontological
resources (Maxon, 2018). The Project Site’s western margin contains exposures of the late
Miocene (11.6 to 5.3 million years ago) Capistrano Formation. Exposures of the late Miocene
Monterey Formation are located in northeastern, southern and eastern portions of the Project Site.
Both the Capistrano and Monterey formations have high potential to contain paleontological
resources.
LACM Paleontological Resources Records Search
A paleontological database records search for the Project was conducted by the Los Angeles
County Natural History Museum (LACM) on July 13, 2018. The LACM records search indicates
no vertebrate fossil localities have been previously recorded within the Project Site. Although no
paleontological localities have been identified within the Project Site, the LACM identified a
number fossil localities in the Project vicinity from the late Miocene age Capistrano and
Monterey formations, which have surface exposures within the Project Site. The closest LACM
fossil locality to the Project Site is LACM 580, which consist a fossil specimen of sperm whale,
Physeteridae, recovered from the Capistrano Formation, within 1 mile of the Project Site. The
next closest fossil localities include LACM 1160 and 7139, which produced fossil specimens of
bony fish, Osteichthyes, and baleen whales, Mysticeti, recovered from the Monterey Formation
approximately 1.1 miles from the Project Site. LACM fossil localities LACM 4911 and 4912,
which produced fossil specimens of white shark, Carcharodon, recovered from the Capistrano
Formation are located approximately 2 miles from the Project Site. Locality LACM 6370, which
produced specimens of undetermined fossil marine mammals from the Monterey Formation, is
also located within 2 miles of the Project Site.
3.6.2 Regulatory Framework
State
Alquist-Priolo Earthquake Fault Zoning Act
Alquist-Priolo Earthquake Fault Zoning Act (formerly the Alquist-Priolo Special Studies Zone
Act) of 1972 (revised in 1994) is the State law that addresses hazards from earthquake fault
zones. The purpose of this law is to mitigate the hazard of surface fault rupture by regulating
development near active faults. As required by the Act, the State has delineated Earthquake Fault
Zones (formerly Special Studies Zones) along known active faults in California (CGS, 2015). The
nearest Alquist-Priolo Earthquake Fault to the project site is the Newport-Inglewood Fault.
Seismic Hazard Mapping Act
The Seismic Hazards Mapping Act was passed in 1990 following the Loma Prieta earthquake to
reduce threats to public health and safety and to minimize property damage caused by strong
ground shaking, liquefaction, landslides, or other hazards caused by earthquakes. This act
requires the State Geologist to delineate various seismic hazard zones, and cities, counties, and
other local permitting agencies to regulate certain development projects within these zones.
Before a development permit is granted for a site within a seismic hazard zone, a geotechnical
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investigation must be conducted and appropriate mitigation measures incorporated into the
project’s design. For projects that would locate structures for human occupancy within designated
Zones of Required Investigation, the Seismic Hazards Mapping Act requires project applicants to
perform a site-specific geotechnical investigation to identify the potential site-specific seismic
hazards and corrective measures, as appropriate, prior to receiving building permits. The
California Geological Survey (CGS) Guidelines for Evaluating and Mitigating Seismic Hazards
(CGS, 2008) provides guidance for evaluating and mitigating seismic hazards.
California Building Code
The California Building Code (CBC) has been codified in the California Code of Regulations
(CCR) as Title 24, Part 2. Title 24 is administered by the California Building Standards
Commission, which, by law, is responsible for coordinating all building standards. Under state
law, all building standards must be centralized in Title 24 or they are not enforceable. The
purpose of the CBC is to establish minimum standards to safeguard the public health, safety and
general welfare through structural strength, means of egress facilities, and general stability by
regulating and controlling the design, construction, quality of materials, use and occupancy,
location, and maintenance of all buildings and structures within its jurisdiction. The 2013 CBC is
based on the 2012 International Building Code published by the International Code Conference.
In addition, the CBC contains necessary California amendments which are based on reference
standards obtained from various technical committees and organizations such as the American
Society of Civil Engineers (ASCE), the American Institute of Steel Construction, and the
American Concrete Institute. ASCE Minimum Design Standards 7-05 provides requirements for
general structural design and includes means for determining earthquake loads as well as other
loads (flood, snow, wind, etc.) for inclusion into building codes. The provisions of the CBC apply to
the construction, alteration, movement, replacement, and demolition of every building or structure
or any appurtenances connected or attached to such buildings or structures throughout California.
The building department of every city, county, or city and county is required to enforce all the
provisions of the CBC, and is authorized to issue a construction permit for the erection,
construction, reconstruction, installation, moving or alteration of any building or structure.
Chapter 18 of the CBC covers the requirements of geotechnical investigations (Section 1803),
including excavation, grading, and fills (Section 1804). The CBC requires geotechnical
investigations be conducted prior to construction unless waived by the designated building
official (which could occur when satisfactory data from adjacent areas demonstrates an
investigation is not necessary). Chapter 18 also describes analysis of expansive soils and the
determination of the depth to groundwater table. Previously, the Thresholds of Significance in
Appendix G of the CEQA Guidelines stated that expansive soil would be characterized as defined
in Table 18-1-B of the 1994 Uniform Building Code. However, that table is no longer used and
the current CBC definition is as follows:
1803.5.3 Expansive Soil. In areas likely to have expansive soil, the building official shall
require soil tests to determine where such soils do exist. Soils meeting all four of the
following provisions shall be considered expansive, except that tests to show compliance
with Items 1, 2 and 3 shall not be required if the test prescribed in Item 4 is conducted:
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1. Plasticity index (PI) of 15 or greater, determined in accordance with ASTM D 4318
2. More than 10 percent of the soil particles pass a No. 200 sieve (75 micrometers),
determined in accordance with ASTM D 422
3. More than 10 percent of the soil particles are less than 5 micrometers in size,
determined in accordance with ASTM D 422
4. Expansion index greater than 20, determined in accordance with ASTM D 4829
The CBC also includes earthquake design requirements that take into account the occupancy
category of the structure, site class, soil classifications, and various seismic coefficients which are
used to determine a Seismic Design Category (SDC) for a project. The SDC is a classification
system that combines the occupancy categories with the level of expected ground motions at the
site and ranges from SDC A (very small seismic vulnerability) to SDC E (very high seismic
vulnerability and near a major fault). Design specifications for individual projects are then
determined according to the SDC.
NPDES Construction General Permit
The State of California adopted a Statewide NPDES Permit for General Construction Activity
(Construction General Permit) on September 2, 2009 (Order No. 2009-0009-DWQ), which has
since been amended by Order Nos. 2010-0014-DWQ and 2012-0006-DWQ. The Construction
General Permit regulates construction site storm water. Dischargers whose projects disturb one or
more acres of soil, or whose projects disturb less than one acre but are part of a larger
development plan that in total disturbs one or more acres, are required to obtain coverage under
the Construction General Permit for discharges of storm water associated with construction
activity. Construction activity subject to this permit includes clearing, grading, and disturbances
to the ground, such as stockpiling or excavation, but does not include regular maintenance
activities performed to restore the original line, grade, or capacity of the facility.
The Construction General Permit requires the development and implementation of an SWPPP
that includes specific BMPs designed to prevent pollutants from contacting stormwater and being
transported off-site into receiving waters. Types of BMPs include erosion control (e.g.,
preservation of vegetation), sediment control (e.g., fiber rolls), non-stormwater management (e.g.,
water conservation), and waste management. The SWPPP also includes descriptions of BMPs to
reduce pollutants in storm water discharges after all construction phases have been completed at
the site (post-construction BMPs). Routine inspection of all BMPs is required under the
provisions of the Construction General Permit. In addition, the SWPPP is required to include a
visual monitoring program, a chemical monitoring program for nonvisible pollutants, and a
sediment monitoring plan if the site discharges directly to a water body listed on the 303(d) list
for sediment.
In the project area, the Construction General Permit is implemented and enforced by the Los
Angeles Regional Water Quality Control Board (LARWQCB), which administers the stormwater
permitting program. Dischargers are required to electronically submit a Notice of Intent (NOI)
and permit registration documents (PRDs) to obtain coverage under this Construction General
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Permit. Dischargers are responsible for notifying the LARWQCB of violations or incidents of
noncompliance, as well as for submitting annual reports identifying deficiencies of the BMPs and
how the deficiencies were corrected.
Local
XXX
3.6.3 Thresholds of Significance
For the purposes of this EIR and consistency with Appendix G of the CEQA Guidelines and the
County of Los Angeles Environmental Checklist Form, the project would have a significant
impact on geologic resources if it would:
Directly or indirectly cause 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? (Refer to Division of Mines and Geology Special
Publication 42.) (See Impact 3.6-1 below);
– Strong seismic ground shaking (See Impact 3.6-2 below);
– Seismic-related ground failure, including liquefaction (See Impact 3.4-3 below) or
– Landslides (See Section 5.1.6 in the EIR);
Result in substantial soil erosion or the loss of topsoil (See Section 5.1.6 in the EIR);
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 (See Impact 3.4-4 below);
Be located on expansive soils, as defined in Table 18-1-B of the Uniform Building Code
(1994), creating substantial risks to life or property (See Impact 3.6-5 below);
Have soils incapable of adequately supporting the use of onsite wastewater treatment systems
where sewers are not available for the disposal of wastewater (See Impact 3.6-6 below); or
Directly or indirectly destroy a unique paleontological resource or site or unique geologic
feature (See Impact 3.6-7 below).
3.6.4 Methodology
XXX
3. Environmental Setting, Impacts and Mitigation Measures
3.6 Geology and Soils
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3.6.5 Impact Analysis
Earthquake Fault Rupture
Impact 3.6-1: The proposed project would/would not directly or indirectly cause 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? (Refer to Division of Mines and Geology Special Publication 42.)
Project-Specific
XXX
Cumulative
XXX
Mitigation Measures
Project-Specific
XXX
Cumulative
XXX
Significance Determination
Project-Specific
Determination. XXX
Cumulative
Determination. XXX
Strong Seismic Ground Shaking
Impact 3.6-2: The proposed project would/would not directly or indirectly cause potential
substantial adverse effects, including the risk of loss, injury, or death involving strong
seismic ground shaking.
Project-Specific
XXX
Cumulative
XXX
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3.6 Geology and Soils
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Mitigation Measures
Project-Specific
XXX
Cumulative
XXX
Significance Determination
Project-Specific
Determination. XXX
Cumulative
Determination. XXX
Liquefaction and Lateral Spreading
Impact 3.6-3: The proposed project would not expose people or structures to potential
substantial adverse effects, including the risk of loss, injury, or death, involving Seismic-
related ground failure, including liquefaction.
Project-Specific
XXX
Cumulative
XXX
Mitigation Measures
Project-Specific
XXX
Cumulative
XXX
Significance Determination
Project-Specific
Determination. XXX
Cumulative
Determination. XXX
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Geologic Instability
Impact 3.6-4: The proposed project would/would not 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.
Project-Specific
XXX
Cumulative
XXX
Mitigation Measures
Project-Specific
XXX
Cumulative
XXX
Significance Determination
Project-Specific
Determination. XXX
Cumulative
Determination. XXX
Expansive Soils
Impact 3.6-5: The proposed project would/would not be located on expansive soil, as
defined in Table 18 1 B of the Uniform Building Code (1994), creating substantial direct or
indirect risks to life or property.
Project-Specific
XXX
Cumulative
XXX
Mitigation Measures
Project-Specific
XXX
Cumulative
XXX
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Significance Determination
Project-Specific
Determination. XXX
Cumulative
Determination. XXX
Septic Tanks
Impact 3.6-6: The proposed project would/would not 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.
Project-Specific
XXX
Cumulative
XXX
Mitigation Measures
Project-Specific
XXX
Cumulative
XXX
Significance Determination
Project-Specific
Determination. XXX
Cumulative
Determination. XXX
Paleontological Resource
Impact 3.6-7: The proposed project would/would not directly or indirectly destroy a unique
paleontological resource or site or unique geologic feature.
Project-Specific
The LACM paleontological resources database search did not identify the presence of fossil
localities within the Project Site. However, the LACM did identify a number of fossil localities
within 2 miles of the Project Site that originated from the Capistrano and Monterey formations,
both of which are mapped at the surface within the Project Site. Both formations are sensitive for
the presence of paleontological resources, as is the older Quaternary alluvium, which presumably
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underlies the younger Quaternary alluvium mapped at the surface within much of the Project Site.
Given the presence of paleontologically sensitive sediments mapped at the surface and at depth
within the Project Site, there is the potential that Project-related ground disturbing activities could
impact paleontological or unique geologic resources.
Cumulative
The vicinity of the cumulative projects is sensitive for the presence of paleontological resources.
Because the implementation of the cumulative projects would result in ground disturbance that
could encounter fossils that qualify as unique paleontological resources or unique geologic
features, the implementation of the cumulative projects could result in significant impacts to
paleontological resources. Since the Project would also result in ground disturbing activities that
could extend into undisturbed intact sediments that could contain fossils that qualify as unique
paleontological resources or unique geologic features, the Project’s contribution to cumulative
paleontological resources impacts would be cumulatively considerable.
Mitigation Measures
Project-Specific
Mitigation Measure GEO-XX: Prior to the start of earth moving activities, the Project
applicant shall retain a qualified paleontologist defined as one meeting SVP standards
(Society for Vertebrate Paleontology, 2010) to attend any pre-grade construction
meetings to determine when and where excavations extend into paleontological sensitive
sediments including older Quaternary alluvium, the Capistrano Formation, and the
Monterey Formation. Working with the Applicant and the construction crew, the
qualified paleontologist shall determine a paleontological monitoring schedule.
The qualified paleontologist, or a paleontological monitor working under the direct
supervision of the qualified paleontologist, shall monitor all ground-disturbing activity
that are proposed to extend into paleontologically sediments. The location, duration, and
timing of monitoring shall be determined by the qualified paleontologist designated for
the Project in consultation with the Applicant and City and shall be based on a review of
geologic maps and grading plans. During the course of monitoring, if the qualified
paleontologist can demonstrate based on observations of subsurface conditions that the
level of monitoring should be reduced, increased, or discontinued, the paleontologist, in
consultation with the Applicant and City may adjust the level of monitoring, as
warranted.
Monitoring activities shall be documented in a Paleontological Resources Monitoring
Report to be prepared by the qualified paleontologist at the completion of construction
and shall be provided to the City and filed with the Natural History Museum of Los
Angeles County within six (6) months of the completion of monitoring activities.
Mitigation Measure GEO-XX: Prior to start of earth moving activities, the qualified
paleontologist shall conduct pre-construction worker paleontological resources sensitivity
training. This training shall include information on what types of paleontological
resources could be encountered during excavations, what to do in case an unanticipated
discovery is made by a worker, and laws protecting paleontological resources. All
construction personnel shall be informed of the possibility of encountering fossils and
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instructed to immediately inform the construction foreman or supervisor if any bones or
other potential fossils are unexpectedly unearthed in an area where a paleontological
monitor is not present.
Mitigation Measure GEO-XX: In the event of unanticipated discovery of
paleontological resources when a paleontological monitor is not present, the construction
contractor shall cease ground-disturbing activities within 50 feet of the find until it can be
assessed by the qualified paleontologist. The qualified paleontologist shall assess the
find, implement recovery and reporting measures, if necessary, and determine if
paleontological monitoring is warranted once work resumes.
Cumulative
Implement Mitigation Measures GEO-XX through –XX.
Significance Determination
Project-Specific
Public Resources Code (PRC) Section 5097.5 and Section 30244 require reasonable mitigation of
adverse impacts to paleontological resources from developments on public (state, county, city,
district) lands. Mitigation Measures GEO-XX through GEO-XX present reasonable mitigation of
adverse impacts to paleontological resources by requiring qualified technical specialists to
provide oversight and worker training, as well as define the specialists’ qualifications. These
measures also provide clear parameters for resource monitoring and steps to be executed if a
paleontological resource is discovered. With implementation of these measures, impacts to
paleontological resources would be less than significant.
Cumulative
Public Resources Code (PRC) Section 5097.5 and Section 30244 require reasonable mitigation of
adverse impacts to paleontological resources from developments on public (state, county, city,
district) lands. Mitigation Measures GEO-XX through GEO-XX present reasonable mitigation of
adverse impacts to paleontological resources by requiring qualified technical specialists to
provide oversight and worker training, as well as define the specialists’ qualifications. These
measures also provide clear parameters for resource monitoring and steps to be executed if a
paleontological resource is discovered. With implementation of these measures, cumulative
impacts to paleontological resources would be less than significant.
3.6.6 References
Maxon, Patrick O. 2018. Phase I Cultural Resources Assessment Newport Dunes Resort Hotel
Project, Newport Beach, California. Prepared for Newport Bayside Resort, LLC, by VCS
Environmental.
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3.8 Hazards and Hazardous Materials
Introduction
This section provides an analysis of the Project’s potential hazards and hazardous materials
impacts that could occur during construction and operation. Analysis is partly based on the Phase
1 Environmental Site Assessment (Phase 1 Assessment) prepared by Advanced Geo
Environmental (2018) and located in Appendix X of this Draft EIR. The information presented
below is also based on maps of the Project area, including reports and information posted on State
Water Resources Control Board (SWRCB) GeoTracker database and the Department of Toxic
Substances Control (DTSC) EnviroStor database. This section includes relevant regulations, and
a discussion of the methodology and thresholds used to determine whether the Project would
result in significant impacts.
Definitions of Hazards and Hazardous Materials
Definitions of terms used in this section, characterization of baseline conditions, and impact
analysis for hazards and hazardous materials are provided below.
Hazardous Material
The term “hazardous material” can have varying definitions depending on the regulatory
programs. For the purposes of this Draft EIR, the term refers to both hazardous materials and
hazardous wastes. The California Health and Safety Code Section 25501(p) defines hazardous
material as: Hazardous material means any material that because of its quantity, concentrations,
or physical or chemical characteristics, poses a significant present or potential hazard to human
health and safety or to the environment if released into the workplace or the environment.
Hazardous materials include, but are not limited to, hazardous substances, hazardous waste, and
any material which a handler or the administering agency has a reasonable basis for believing
would be injurious to the health and safety of persons or harmful to the environment if released
into the workplace or the environment.
Hazardous Waste
A “hazardous waste” is a waste that because of its quantity, concentration, or physical, chemical,
or infectious characteristic, causes or significantly contributes to an increase in mortality or
illness or poses substantial or potential threats to public health or the environment (42 United
States Code [U.S.C.] 6903(5)). Hazardous wastes are further defined under the Resource
Conservation and Recovery Act (RCRA) as substances exhibiting the characteristics of
ignitability, reactivity, corrosivity, or toxicity. Chemical-specific concentrations used to define
whether a material is a hazardous, designated, or nonhazardous waste include Total Threshold
Limit Concentrations (TTLCs), Soluble Threshold Limit Concentrations (STLCs), and Toxic
Characteristic Leaching Procedure (TCLPs), listed in the California Code of Regulations (CCR)
Title 22, Chapter 11, Article 3, Section 66261, and used as waste acceptance criteria for landfills.
Waste materials with chemical concentrations above TTLCs, STLCs, and TCLPs must be sent to
Class I disposal facilities, may be sent to Class II disposal facilities depending on the waste
material, and may not be sent to Class III disposal facilities.
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Screening Levels for Hazardous Materials in Soil, Soil Gas, or Groundwater
The United States Environmental Protection Agency (U.S. EPA) Regional Screening Levels
(RSLs) and San Francisco Bay Area Regional Water Quality Control Board (RWQCB)
Environmental Screening Levels (ESLs) are guidelines used to evaluate the potential risk
associated with chemicals found in soil or groundwater where a release of hazardous materials
has occurred. Although developed and maintained by the San Francisco Bay Area RWQCB,
ESLs are used by regulatory agencies throughout the State. Screening levels have been
established for both residential and commercial/industrial land uses, and for construction workers.
Residential screening levels are the most restrictive; soil with chemical concentrations below
these levels generally would not require remediation and would be suitable for unrestricted uses if
disposed of offsite.
Commercial/industrial screening levels are generally less restrictive than residential screening
levels because they are based on potential worker exposure to hazardous materials in the soil (and
these are generally less than residential exposures). Screening levels for construction workers are
also less restrictive than for commercial/industrial workers because construction workers are only
exposed to the chemical of concern during the duration of construction, while industrial workers
are assumed to be exposed over a working lifetime. Chemical concentrations below these
screening levels generally would not require remediation and would be suitable for unrestricted
uses. In addition, there are other more specific but similar screening levels used more narrowly
focused human health or ecological risk assessment considerations.
The Phase I Assessment was conducted for the entire Project area. Based on the research and
testing, the Phase I assessment identified whether any of the following three types of hazardous
conditions, defined by ASTM E1527-13, occur on the Project site:
Recognized Environmental Conditions (RECs): The presence or likely presence of any
hazardous substances or petroleum products on a property under conditions that indicate an
existing release, past release, or a material threat of a release of any hazardous substances or
petroleum products into structures on the property or into the ground, groundwater, or surface
water of the property. The term is not intended to include de minimus conditions that generally
do not present a material risk of harm to public health or the environment and that generally
would not be the subject of an enforcement action if brought to the attention of appropriate
governmental agencies.
Controlled Recognized Environmental Conditions (CRECs): A REC resulting from a past
release of hazardous substances or petroleum products that has been addressed to the
satisfaction of the applicable regulatory authority (for example, as evidenced by the issuance
of a no further action letter or equivalent, or meeting risk-based criteria established by
regulatory authority), with hazardous substances or petroleum products allowed to remain in
place subject to the implementation of required controls (for example, property use restrictions,
activity and use limitations, institutional controls, or engineering controls).
Historical Recognized Environmental Conditions (HRECs): A past release of any
substances or petroleum products that has occurred in connection with the property and has
been addressed to the satisfaction of the applicable regulatory authority or meeting unrestricted
use criteria established by a regulatory authority, without subjecting the property to any
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required controls (for example, property use restrictions, activities and use limitations,
institutional controls, or engineering controls).
3.8.1 Environmental Setting
The Project Site is approximately 14 acres and is located at the Newport Dunes of the Newport
Back Bay within the City’s Coastal Zone.
Historical Setting
Based on a review of historical documents, the Project Site consisted of marshland and
waterways in the estuary area of Newport Bay until 1958, when the Project Site was developed as
part of Newport Dunes Aquatic Park with the boat storage area on the northern portion of the
Project Site developed during that time. The southern area of the Project Site was undeveloped
and contained a small water feature. Between the mid-1960s and 1990s, this area was filled in
with dredge material. The dredged material was sampled and no environmental concern was
found.
Existing Land Uses
The Project Site is currently occupied by the Newport Dunes Resort. The northern portion of the
Project Site contains a boat and RV storage yard and parking lot. The eastern portion of the
Project Site is located along the beach of the Back Bay Lagoon. The southern portion of the
Project Site contains previously dredged material from the adjacent Back Bay Lagoon and the
material forms mounded sand and dirt with some vegetation cover. The northeastern portion of
the Project Site is occupied by Camp James, and used as a summer day camp. Camp James
contains two mobile offices and play room structures. No permanent buildings are located on the
Project Site.
Soil and Groundwater
The dredged material from the sediment basin was tested for contaminants of concern according
to reports and correspondence form the County of Orange Public Facilities and Resources
Department. Based on the analytical results of the sediment tested, metals were detected in the
soil within regulatory limits for disposal. Based on the concentrations of metals and the non-
detectable to very low concentrations of other potential contaminants of concern, the Phase I
Assessment did not recommend further investigation in regards to the dredged sediment on the
Project Site.
Hazardous Materials Sites Pursuant to Government Code Section
65962.5
The project site is listed on underground storage tank (UST) databases under the names Newport
Dunes Maintenance and Dunes Marine Services. Permits were filed with the Orange County
Health Care Agency (OCHCA) for two USTs in 1971, 1975 and 1981. The tanks were removed
in the 1950s, replaced in the 1970s, and removed permanently after 1981. In 1988, a geophysical
survey was conducted in the potential area of the USTs, adjacent to the Marine Service Repair
Station located within the Newport Dunes Resort. No evidence of USTs was discovered. In
Commented [AA1]: Move this to impact analysis
Commented [AA2]: I need to modify this description
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addition, four borings placed in the area did not detect any contaminants of concern. An OCHCA
UST Inspection Form dated July 1990 indicates that no USTs are located at the Newport Dunes
location. No further environmental investigations at the property were recommended.
A review of the Department of Toxic Substances Control’s Envirostor database and State Water
Resources Control Board’s GeoTracker database revealed that the Project site is not listed as a
cleanup site.
As of the date of this Draft EIR, the project site is not listed as a hazardous materials site pursuant
to Government Code Section 65962.5.
Airport Land Use Plan
The project site is located about 3.9 miles southwest of John Wayne Airport (JWA) and is located
within the Airport Environs Land Use Plan for JWA. The project site is not located within the
Clear Zone/Runway Protection Zones or the Accident Potential Zone for JWA, as designated in
the City’s General Plan (and illustrated in Figure S5 of the General Plan Safety Element).
3.8.2 Regulatory Setting
Federal, state, and local regulations govern the range of hazardous materials issues that may be
encountered during demolition, construction, and ongoing operation at the project site. Various
state and local regulatory agencies implement these regulations to minimize the risk to human
health and the environment from hazardous materials. In addition, the policies of the City’s
General Plan related to hazards and hazardous materials are also listed.
Federal
Federal agencies with responsibility for hazardous materials management include the United
States Environmental Protection Agency (USEPA), Department of Labor (Federal Occupational
Health and Safety Administration [OSHA]), and Department of Transportation (US DOT). Major
federal laws and issue areas include the following statutes and regulations:
Resources Conservation and Recovery Act (42 USC 6901 et seq.)
Resources Conservation and Recovery Act (RCRA) is the principal law governing the
management and disposal of hazardous materials. RCRA is considered a “cradle- to- grave”
statute for hazardous wastes in that it addresses all aspects of hazardous materials from creation
to disposal. RCRA applies to this Project because RCRA is used to define hazardous wastes and
offsite disposal facilities.
Emergency Planning and Community Right-to-Know Act (EPCRA from SARA
Title III)
In 1986, Congress passed the Superfund Amendments and Reauthorization Act. Title III of this
regulation may be cited as the “Emergency Planning and community Right-to-Know Act of
1986” (EPCRA). The Act required the establishment of state commissions, planning districts, and
local committees to facilitate the preparation and implementation of emergency plan. Under the
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requirements, local emergency planning committees (LEPCs) are responsible for developing a
plan for preparing for and responding to a chemical emergency, including the following:
Identification of local facilities and transportation routes where hazardous materials are
present;
The procedures for immediate response in case of an accident (this must include a
community-wide evacuation plan);
A plan for notifying the community that an incident has occurred;
The names of response coordinators at local facilities; and
A plan for conducting drills to test the plan.
The emergency plan is reviewed by the State Emergency Response Commission and publicized
throughout the community. The LEPC is required to review, test, and update the plan each year.
The Orange County Environmental Health Department (EHD) is responsible for coordinating
hazardous material and disaster preparedness planning and appropriate response efforts with city
departments and local and state agencies. The goal is to improve public and private sector
readiness and mitigate local impacts resulting from natural or manmade emergencies.
Another purpose of the EPCRA is to inform communities and citizens of chemical hazards in
their areas. Sections 311 and 312 of EPCRA require businesses to report to state and local
agencies the location and quantities of chemicals stored on-site. Under section 313 of EPCRA,
manufacturers are required to report chemical releases for more than 600 designated chemicals. In
addition to chemical releases, regulated facilities are also required to report offsite transfers of
waste for treatment or disposal at separate facilities, pollution prevention measures, and chemical
recycling activities. The EPA maintains the Toxic Release Inventory database that documents the
information that regulated facilities are required to report annually.
US DOT Hazardous Materials Transportation Act of 1975 (49 USC 5101)
US DOT, in conjunction with the USEPA, is responsible for enforcement and implementation of
federal laws and regulations pertaining to safe storage and transportation of hazardous materials.
The Code of Federal Regulations (CFR) 49, 171–180, regulates the transportation of hazardous
materials, types of material defined as hazardous, and the marking of vehicles transporting
hazardous materials. This Hazardous Materials Transportation Act applies to this Project because
contractors and commercial tenants would be required to comply with its storage and
transportation requirements to reduce the possibility of spills during Project construction and/or
operation.
Occupational Safety and Health Act
OSHA is the federal agency responsible for ensuring worker safety. These OSHA regulations
provide standards for safe workplaces and work practices, including those relating to hazardous
materials handling and reporting of accidents and occupational injuries (29 CFR 1910). OSHA
applies to this Project because contractors would be required to comply with its hazardous
materials management and handling requirements that would reduce the possibility of spills.
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Toxic Substances Control Act
The Toxic Substances Control Act regulates the use and management of polychlorinated
biphenyls in electrical equipment, and sets forth detailed safeguards to be followed during the
disposal of such items.
State and local agencies often have either parallel or more stringent rules than federal agencies. In
most cases, state law mirrors or overlaps federal law and enforcement of these laws is the
responsibility of the state or of a local agency to which enforcement powers are delegated. For
these reasons, the requirements of the law and its enforcement are discussed under either the State
or local agency section.
State
The primary State agencies with jurisdiction over hazardous chemical materials management are
the California Department of Toxic Substances Control (DTSC), State Water Quality Control
Board (SWQCB), and Santa Ana Regional Water Quality Control Board (SARWQCB).
Other State agencies involved in hazardous materials management are the Department of
Industrial Relations (State OSHA implementation), Office of Emergency Services (OES) –
California Accidental Release Prevention (CalARP), California Air Resources Board (CARB),
California Department of Transportation (Caltrans), Office of Environmental Health Hazard
Assessment (OEHHA – Proposition 65 implementation), and the California Integrated Waste
Management Board (CIWMB). Hazardous materials management laws in California include the
following statutes and regulations:
Hazardous Waste Control Law (HWCL; California Health and Safety Code
[HSC], Section 25100 et seq.)
The HWCL is the State equivalent of RCRA and regulates the generation, treatment, storage, and
disposal of hazardous waste. This act implements the RCRA “cradle-to-grave” waste
management system in California but is more stringent in its regulation of non-RCRA wastes,
spent lubricating oil, small-quantity generators, transportation and permitting requirements, as
well as in its penalties for violations. HWCL applies to this Project because contractors will be
required to comply with its hazardous waste requirements that would reduce the possibility of
spills.
Hazardous Materials Release Response Plans and Inventory Law of 1985
(Business Plan Act)
The California Hazardous Materials Release Response Plan and Inventory Law of 1985 (Business
Plan Act) requires the preparation of Hazardous Materials Business Plans (HMBPs) and
disclosure of hazardous materials inventories, including an inventory of hazardous materials
handled, plans showing where hazardous materials are stored, an emergency response plan, and
provisions for employee training in safety and emergency response procedures (California HSC,
Division 20, Chapter 6.95, Article 1). Statewide, DTSC has primary regulatory responsibility for
management of hazardous materials, with delegation of authority to local jurisdictions that enter
into agreements with the state. Local agencies are responsible for administering these regulations.
Commented [AA3]: Please include information on Government
Code Section 65962.5; specifically, what the list is composed of. Let
me know if you need assistance finding this.
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Businesses that would be required to prepare a HMBP would submit it to the local Certified
Unified Program Agency, which in this case is the County of Orange Environmental Health
Division.
California Hazardous Waste Control Act
Under the California Hazardous Waste Control Act, California Health and Safety Code, Division
20, Chapter 6.5, Article 2, Section 25100, et seq., DTSC regulates the generation, transportation,
treatment, storage, and disposal of hazardous waste in California. The hazardous waste
regulations establish criteria for identifying, packaging, and labeling hazardous wastes; dictate the
management of hazardous waste; establish permit requirements for hazardous waste treatment,
storage, disposal, and transportation; and identify hazardous wastes that cannot be disposed of in
landfills. DTSC is also the administering agency for the California Hazardous Substance Account
Act. California Health and Safety Code, Division 20, Chapter 6.8, Sections 25300 et seq., also
known as the State Superfund law, providing for the investigation and remediation of hazardous
substances pursuant to State law.
Utility Notification Requirements
Title 8, Section 1541 of the CCR requires excavators to determine the approximate locations of
subsurface utility installations (e.g., sewer, telephone, fuel, electric, water lines, or any other
subsurface installations that may reasonably be encountered during excavation work) prior to
opening an excavation. The California Government Code (Section 4216 et seq.) requires owners
and operators of underground utilities to become members of and participate in a regional
notification center. According to Section 4216.1, operators of subsurface installations who are
members of, participate in, and share in the costs of a regional notification center are in
compliance with this section of the code. Underground Services Alert of Southern California
(known as DigAlert) receives planned excavation reports from public and private excavators and
transmits those reports to all participating members of DigAlert that may have underground
facilities at the location of excavation. Members would mark or stake their facilities, provide
information, or give clearance to dig (DigAlert 2017). This requirement would apply to this
Project because any excavation would be required to identify underground utilities before
excavation.
Senate Bill 1082
In 1993, the State Legislature passed Senate Bill (SB) 1082 to streamline the permitting process
for those businesses that use, store, or manufacture hazardous materials. The passage of SB 1082
provided for the designation of a CUPA that would be responsible for the permitting process and
collection of fees. The CUPA is responsible for implementing at the local level the Unified
Program, which serves to consolidate, coordinate, and make consistent the administrative
requirements, permits, inspections, and enforcement activities for the following environmental
and emergency management programs:
Hazardous Waste;
Hazardous Materials Business Plan;
California Accidental Release Prevention Program;
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Underground Hazardous Materials Storage Tanks;
Aboveground Petroleum Storage Tanks/Spill Prevention Control and Countermeasure Plans;
and
Hazardous Waste Generator and Onsite Hazardous Waste Treatment (tiered permitting)
Programs.
The County of Orange Environmental Health Division is the designated CUPA responsible for
implementing the above-listed program elements. The laws and regulations that established these
programs require businesses that use or store certain quantities of hazardous materials to submit a
Hazardous Materials Inventory and Business Emergency Response Plan that describes the
hazardous materials usage, storage, and disposal to the local oversight agency (CUPA).
Asbestos-Containing Materials
Prior to renovation or demolition of buildings containing asbestos, contractors licensed to conduct
asbestos abatement work must be retained. Asbestos abatement contractors must follow state
regulations where there is asbestos-related work involving 100 square feet or more of asbestos
containing material. The San Joaquin Valley Air Pollution Control District (SJVAPCD) and the
California Occupational Safety and Health Administration (Cal/OSHA) must be notified 10 days
prior to initiating construction and demolition activities. Asbestos encountered during demolition
of an existing building must be transported and disposed of at an appropriate facility. The
contractor and hauler of the material are required to file a Hazardous Waste Manifest that details
the hauling of the material from the site and its disposal. Section 19827.5 of the California HSC,
adopted January 1, 1991, requires that local agencies not issue demolition or alteration permits
until an applicant has demonstrated compliance with notification requirements under applicable
federal regulations regarding hazardous air pollutants, including asbestos.
South Coast Air Quality Management District
SCAQMD Rule 1403 governs the demolition of buildings with asbestos containing materials
(ACMs). Rule 1403 specifies work practices with the goal of minimizing asbestos emissions
during building demolition and renovation activities, including the removal and associated
disturbance of ACM. The requirements for demolition and renovation activities include asbestos
surveying, notification, ACM removal procedures and time schedules, ACM handling and
cleanup procedures, and storage and disposal requirements for asbestos-containing waste
materials.
Lead and Lead-Based Paints
Regulations to manage and control exposure to lead-based paints (LBP) are described in CFR
Title 29, Section 1926.62 and CCR Title 8 Section 1532.1. These regulations cover the
demolition, removal, cleanup, transportation, storage and disposal of lead-containing material.
The regulations outline the permissible exposure limit, protective measures, monitoring, and
compliance to ensure the safety of construction workers exposed to lead-based materials.
Cal/OSHA’s Lead in Construction Standard requires project proponents to develop and
implement a lead compliance plan when LBP would be disturbed during construction. The plan
must describe activities that could emit lead, methods for complying with the standard, safe work
3. Environmental Setting, Impacts and Mitigation Measures
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practices, and a plan to protect workers from exposure to lead during construction activities.
Cal/OSHA requires 24-hour notification if more than 100 square feet of LBP would be disturbed.
The regulations to manage and control exposure to LBP pertain to Project construction and
include the potential demolition and disposal of lead-containing materials.
The State of California (Title 8 Section 1532. Lead) requires that if LBP with a lead concentration
over 600 parts per million (ppm) is to be disturbed, then the individuals performing the work shall
have proper lead training and wear personal protective equipment.
California Office of Emergency Services
In order to protect the public health and safety and the environment, the California Office of
Emergency Services is responsible for establishing and managing statewide standards for
business and area plans relating to the handling and release or threatened release of hazardous
materials. Basic information on hazardous materials handled, used, stored, or disposed of
(including location, type, quantity, and the health risks) needs to be available to firefighters,
public safety officers. Regulatory agencies are included in business plans to prevent or mitigate
damage to the health and safety of persons and the environment from the release or threatened
release of these materials into the workplace and environment. These regulations are covered
under Chapter 6.95 of the California Health and Safety Code Article 1–Hazardous Materials
Release Response and Inventory Program (Sections 25500 to 25520) and Article 2–Hazardous
Materials Management (Sections 25531 to 25543.3).
Local
Emergency Response
The City has a comprehensive Emergency Management Program which includes elements
necessary to respond quickly and effectively to major emergencies. These elements include: an
Emergency Operations Plan, Emergency Operations Center, Employee Response Program, Public
Education Program, and trained Community Emergency Response Team (NBCERT). A variety
of activities, programs and projects designed to enhance the City's preparedness are conducted
regularly such as training, drills and disaster exercises. The Newport Beach Fire Department is
the lead department for coordinating all emergency management activity in the City.
City of Newport Beach General Plan
The primary goal of the City of Newport Beach General Plan (General Plan) Safety Element is to
reduce the potential risk of death, injuries, property damage, and economic and social dislocation
resulting from natural and human-induced hazards. The Safety Element recognizes and responds
to public health and safety risks that could cause exposure to the residents of Newport Beach.
The Safety Element provides goals and policies aimed at reducing the risk associated with these
hazards.
City of Newport Beach Fire Department Fire Prevention Guidelines
The Newport Beach Fire Department Life Safety Division has set fire prevention guidelines that
address such matters as fire flow, fire access, building construction, flammable and combustible
liquids, and fire protection systems.
Commented [AA4]: Please pull in goals and policies that are in
the safety element that are relevant to hazardous materials; and
airport
3. Environmental Setting, Impacts and Mitigation Measures
3.8 Hazards and Hazardous Materials
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City of Newport Beach Fire Code
The 2019 California Fire Code sets forth requirements including those for building materials and
methods pertaining to fire safety and life safety, fire protection systems in buildings, emergency
access to buildings, and handling and storage of hazardous materials. The City of Newport Beach
adopted the 2019 California Fire Code and the 2019 International Fire Code, with certain
amendments, additions, and deletions, as Chapter 9.04 of the Newport Beach Municipal Code.
Airport Environs Land Use Plan (AELUP) for John Wayne Airport
The project site is not located within the Clear Zone/Runway Protection Zones or the Accident
Potential Zone for JWA, as designated in the City’s General Plan (and illustrated in Figure S5 of
the General Plan Safety Element). The project site is located within the Airport Environs Land
Use Plan (AELUP) for JWA, which was adopted in 1975 by the Airport Land Use Commission
(ALUC) of Orange County. The AELUP is the authoritative planning document for the ALUC
and establishes development criteria intended to protect sensitive receptors from airport noise,
protect persons from risk of airport operations, and establish height guidelines to ensure aircraft
safety. The ALUC is an agency authorized under State law to assist local agencies in ensuring
compatible land uses in the vicinity of airports. Primary areas of concern for ALUCs are noise,
safety hazards, and airport operational integrity. The AELUP defines a land use as being
inconsistent if it would:
1. Place people so that they are affected adversely by aircraft noise;
2. Concentrate people in areas susceptible to aircraft accidents;
3. Permit structures of excessive heights in areas which would affect adversely the continued
operation of the airport; or
4. Permit activities or facilities that would affect adversely aeronautical operations.
3.8.3 Thresholds of Significance
In accordance with Appendix G of the CEQA Guidelines, a project could have a significant
hazard or hazardous materials impact if it would result in any of the following:
Create a significant hazard to the public or the environment through the routine transport,
storage, production, use, or disposal of hazardous materials (See Impact 3.8-1 below);
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 (See Impact 3.8-2 below)
Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or
waste within one-quarter mile of an existing or proposed school? (See Section 5.1.7 in this
EIR);
Be located on a site which is included on a list of hazardous materials sites compiled pursuant
to Government Code Section 65962.5 and, as a result, would create a significant hazard to the
public or the environment (See Impact 3.8-3 below);
For a project located within an airport land use plan or, where such a plan has not yet 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 (See Impact 3.8-4 below);
Commented [AA5]: Are there any specific guidelines or regs we
need to follow for our development?
3. Environmental Setting, Impacts and Mitigation Measures
3.8 Hazards and Hazardous Materials
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Impair implementation of or physically interfere with an adopted emergency response plan or
emergency evacuation plan (See Impact 3.8-5 below);
Expose people or structures to a significant risk of loss, injury, or death involving fires,
because the project is located (See Section 5.1.7 in this EIR):
3.8.4 Methodology
XXX
3.8.5 Impact Analysis
Transport, Use, or Disposal
Impact 3.8-1: Implementation of the project would/would not create a significant hazard to
the public or the environment through the routine transport, use, or disposal of hazardous
materials.
Project-Specific
XXX
Cumulative
XXX
Mitigation Measures
Project-Specific
XXX
Cumulative
XXX
Significance Determination
Project-Specific
Determination. XXX
Cumulative
Determination. XXX
Accident Conditions
Impact 3.8-2: Implementation of the project would not 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.
Project-Specific
Construction
Commented [AA6]: Based on the IS, we are not analyzing this
in the EIR
3. Environmental Setting, Impacts and Mitigation Measures
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Construction activities required for the Project would involve trenching, excavation, grading, and
other ground-disturbing activities. The construction activities would temporarily require the use
of equipment, such as trucks, excavators, and other powered equipment, and would use
potentially hazardous materials, such as fuels (gasoline and diesel) and lubricants (oil and
greases). In addition, construction may use hazardous materials, such as glues, solvents, paints,
thinners, or other chemicals. Such materials would be used only in for specific construction
equipment and building materials and would be transported, handled, stored, and disposed of in
accordance with applicable laws and regulations and manufacturers’ instructions.
Regulations establish specific guidelines regarding risk planning and accident prevention,
protection from exposure to specific chemicals, and the proper storage of hazardous materials.
The Phase 1 Project would be in compliance with applicable federal, State, and local
requirements concerning the use, storage, transport and management of hazardous materials.
Compliance with regulations, including the HWCA, USDOT’s Hazardous Materials
Transportation Act of 1975, and other regulations regarding the transportation, use, and disposal
of hazardous materials, would reduce the potential risk hazards associated with construction
activities. Accordingly, the Project would not increase the probably frequency or severity of
consequences to people or property from the potential exposure to hazardous substances.
As described above in 3.8.1, Environmental Setting, the dredged materials on the Project site was
sampled and no environmental concerns were indicated based on the findings. Contaminated soils
are not known to be within the Project site and are not expected to be encountered during
construction. Based on the above, construction of the Project would not create a significant
hazard to the public or the environment through reasonably foreseeable upset and accident
conditions involving hazardous materials and impacts would be less than significant.
Operation
Operation of the Project would consist of the typical and common activities associated with a
hotel/resort. No hazardous materials would be used during day-to-day operation of the Project
other than typical housekeeping, restaurant, pool, vehicle, and landscape maintenance materials,
such as cleaning supplies, paints and thinners, fuels, oil and greases, pesticides, herbicides, water
disinfectants, and fertilizers. In addition, the use of these materials would be in relatively small
quantities in accordance with the manufactures’ instructions for use. Based on the above,
operation of the Project would not create a significant hazard to the public or the environment
through reasonably foreseeable upset and accident conditions involving hazardous materials and
impacts would be less than significant.
Cumulative
Significant cumulative impacts related to hazards and hazardous material could occur if the
incremental impacts of the Project combined with the incremental impacts of one or more of the
cumulative projects substantially increase risk that people or the environment would be exposed
to hazardous materials. The XXX project is the only cumulative project in the immediate project
vicinity. This project would be subject to the same regulatory requirements discussed for the
Project. Cumulative projects involving releases of or encountering hazardous materials also
Commented [AA7]: Confirm with cumulative map
3. Environmental Setting, Impacts and Mitigation Measures
3.8 Hazards and Hazardous Materials
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would be required to remediate their respective sites to established regulatory standards. This
would be the case regardless of the number, frequency, or size of the release(s), or the residual
amount of chemicals present in the soil from previous spills. While it is possible that the Project
and cumulative projects could result in releases of hazardous materials at the same location and
time, the responsible party associated with each spill would be required to remediate site
conditions to the same established regulatory standards. It is possible that previously unknown
contamination could be encountered during construction of cumulative projects. In the absence of
proper handling procedures, soil excavations at the cumulative project areas could expose
workers to elevated concentrations of hazardous materials (that were previously unknown). These
unforeseen impacts could be potentially significant.
The Project construction and operation activities are not expected to encounter unknown
contamination , soil excavations could also expose workers to elevated concentrations of
hazardous materials as discussed above. The Phase 1 Project’s contribution to hazardous
materials impact could be cumulatively considerable.
Mitigation Measures
Project-Specific
No mitigation measures are required.
Cumulative
No mitigation measures are required.
Significance Determination
Project-Specific
Determination. Less than Significant Impact.
Cumulative
Determination. Less than Significant Impact.
Hazardous Materials Site Listing
Impact 3.8-3: The project area includes individual sites that are included on a list of
hazardous materials sites compile pursuant to Government Code Section 65962.5; however,
the project would not create a significant hazard to the public or the environment.
Project-Specific
XXX
Cumulative
XXX
Commented [AA8]: Need to update the analysis
3. Environmental Setting, Impacts and Mitigation Measures
3.8 Hazards and Hazardous Materials
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Mitigation Measures
Project-Specific
XXX
Cumulative
XXX
Significance Determination
Project-Specific
Determination. XXX
Cumulative
Determination. XXX
Airport Land Use Plan
Impact 3.8-4: The project area would/would not be 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 or excessive noise for people residing or
working in the project area.
Project-Specific
XXX
Cumulative
XXX
Mitigation Measures
Project-Specific
XXX
Cumulative
XXX
Significance Determination
Project-Specific
Determination. XXX
Cumulative
Determination. XXX
Emergency Response Plan
3. Environmental Setting, Impacts and Mitigation Measures
3.8 Hazards and Hazardous Materials
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Impact 3.8-5: The project would/would not impair implementation of or physically interfere
with an adopted emergency response plan or emergency evacuation plan.
Project-Specific
XXX
Cumulative
XXX
Mitigation Measures
Project-Specific
XXX
Cumulative
XXX
Significance Determination
Project-Specific
Determination. XXX
Cumulative
Determination. XXX
3.8.6 References
3. Environmental Setting, Impacts and Mitigation Measures
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3.9 Hydrology and Water Quality
Introduction
This section of the EIR describes the hydrological environmental and regulatory settings,
addresses potential impacts of the project on hydrology and water quality, and discusses
mitigation measures to reduce impacts, where applicable. This analysis is based, in part, on
information provided in the Preliminary Water Quality Management Plan Report (Streeter, 2019)
located in Appendix X, the Preliminary Hydrology Report prepared for the project (Streeter,
2019) located in Appendix X of this EIR, the Draft Environmental Impact Report: Section VII –
Hydrology and Water Quality (Streeter, 2019), as well as multiple online sources and published
documents.
3.9.1 Environmental Setting
Regional Setting
Orange County encompasses an area of approximately 798 square miles, beginning on the coastal
plain and rising to an elevation of over 5,000 feet above mean sea level (msl) in the Puente Hills
and Santa Ana Mountains to the north and east. The climate of the Santa Ana Region is classified
as Mediterranean, which is generally dry in the summer with mild, wet winters. The average
annual rainfall in the region is about 15 inches and under 11 inches in Newport Beach; most of it
occurring between November and March.
Watersheds are topographic areas that drain to a single point or receiving water. The City of
Newport Beach occupies a portion of four distinct watersheds, all of which are related to the
hydrologic areas delineated by the Santa Ana Regional Water Quality Control Board (RWQCB)
in the Basin Plan. The four regional watersheds include the Newport Bay, Newport Coast,
Talbert, and San Diego Creek Watersheds. The project site is located within the Newport Bay
watershed that covers 13.2 square miles along the coast of central Orange County. The watershed
includes portions of Costa Mesa and Newport Beach. The East Costa Mesa, Santa Isabel, and
other smaller channels drain into Newport Bay.
The Project Site is located within the Newport Bay watershed, which drains approximately 152
square miles to the Pacific Ocean within southern Orange County. The watershed encompasses
all waters draining to Newport Bay. The Project Site is located within the Upper Newport Bay
sub-area of the Newport Bay watershed.
Existing Conditions
The Project site relatively flat to mild sloping open land currently existing of a parking lot, vacant
area and boat storage parking. The site is located at the end of Bayside Drive off of the Pacific
Coast Highway in the City of Newport (City). The Zoning Map for the City shows that the site is
located in the Zoning District known as Planned Community, PC-48. The site is approximately
14.3 acres. Under existing conditions, the site consists of a boat storage area and a dredging
stockpile, an existing driveway, boat storage, and parking lot are located along the north and west
3. Environmental Setting, Impacts and Mitigation Measures
3.9 Hydrology and Water Quality
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boundaries of the property. The west and south side of the Project site are bounded by an existing
RV parking area. A stretch of the beach at Newport Dunes lagoon forms the easterly side of the
site.
Soils, Groundwater, and Infiltration Properties
Local geology of the Newport Dunes lagoon consists of Tertiary marine sediments of the Monterey
and Capistrano formations, which underlie Quaternary alluvium and marine terrace deposits of the
back bay. Soils on-site generally consist of artificial fill ranging from silty sands, san with trace silt
to sand. Existing beneath the artificial fill, the native alluvium soils varied from fluvial and dune
sands to silts and clays from the back bay bottom. Ground water was encountered at depths between
8 and 16 feet and varied in depth depending upon the boring elevation and the prevailing tidal
influences at the time the reading was made.
Local geology of the Newport Dunes lagoon consists of Tertiary marine sediments of the Monterey
and Capistrano formations, which underlie Quaternary alluvium and marine terrace deposits of the
back bay. Soils on-site generally consist of artificial fill ranging from silty sands, san with trace silt
to sand. Existing beneath the artificial fill, the native alluvium soils varied from fluvial and dune
sands to silts and clays from the back bay bottom. Groundwater was encountered at depths between
8-16feet and varied in depth depending upon the boring elevation and the prevailing tidal influences
at the time the reading was made. Due to the presence of shallow groundwater, on-site infiltration
of stormwater runoff is considered infeasible.
Hydrology
Orange County encompasses an area of approximately 798 square miles, beginning on the coastal
plain and rising to an elevation of over 5,000 feet above mean sea level (msl) in the Puente Hills
and Santa Ana Mountains to the north and east. The climate of the Santa Ana Region is classified
as Mediterranean, which is generally dry in the summer with mild, wet winters. The average annual
rainfall in the region is about 15 inches and under 11 inches in Newport Beach; most of it occurring
between November and March.
Watersheds are topographic areas that drain to a single point or receiving water. The City of
Newport Beach occupies a portion of four distinct watersheds, all of which are related to the
hydrologic areas delineated by the Santa Ana RWQCB in the Basin Plan. The four regional
watersheds include the Newport Bay, Newport Coast, Talbert, and San Diego Creek Watersheds.
As depicted on Figure 4.H-1, Regional Watersheds, the Project Site is located within the Newport
Bay watershed that covers 13.2 square miles along the coast of central Orange County. The
watershed includes portions of Costa Mesa and Newport Beach. The East Costa Mesa, Santa
Isabel, and other smaller channels drain into Newport Bay.
Drainage
The existing site drainage is generally south to north with existing storm drain pipes and catch
basins collecting the runoff and directing the flows east to Newport Bay. The existing parking lot,
vacant area and boat storage parking are generally flat with mild slopes of 0.5 percent to 1.0
percent and carry the surface runoff to low points whereby catch basins intercept and convey the
flows to storm drain pipes. These flows are then conveyed via below grade storm drain pipes to
Newport Bay. The dredging stockpile area varies in height from approximately 5 feet below
adjacent ground to approximately 15 feet above adjacent ground with irregular piles within the
Commented [SP1]: Arabesque/Brian: Need to check tech report
for figures.
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3.9 Hydrology and Water Quality
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area. Drainage from the stockpile area is mostly contained within the fenced area with the
exception of outward facing slopes that drain to adjacent parking lots or the beach area.
Flooding
A seiche is an oscillation of a body of water in an enclosed or semi-enclosed basin, such as a
reservoir, harbor, lake, or storage tank. A tsunami is a great sea wave, commonly referred to as a
tidal wave, produced by a significant undersea disturbance such as tectonic displacement of the
sea floor associated with large, shallow earthquakes. Mudflows result from the downslope
movement of soil and/or rock under the influence of gravity.
The Federal Emergency Management Agency (FEMA) maintains and updates the National Flood
Insurance Program (NFIP) maps, which identify community flood hazard zone designations. The
Project Site can be found on published Flood Insurance Rate Map (FIRM) Number 06059C0382J,
dated December 3, 2009 and the majority of the site is located in Zone X, which is used to
identify base floodplains of lesser hazards, such as areas protected by levees from the one percent
annual flood, or shallow flooding areas with average depths of less than one foot or drainage
areas less than one square mile. A small portion of the site (the east boundary) is located within
Zone AE which indicates special flood hazard areas subject to inundation by the 1% annual
chance flood. The base flood elevation along this portion of the site is set to 9 MSL.
However, the project area is subject to flooding from a tsunami given the site’s proximity to the
Pacific Ocean and low elevation of the project area relative to sea level (City of Newport Beach,
2019). While no open reservoirs or other large water bodies are located within or upstream of
the project area, the site is adjacent to Upper Newport Bay. Therefore, the project could be
subject to flooding hazards associated with seiches during large seismic events. Also, the site is
located within the Prado Dam failure inundation pathway.
Additionally, given the lack of steep hillsides near the Project Site, the potential for mudflows to
affect the proposed uses would be negligible given the distance of significant hillsides from the
project and amount of intervening development. Furthermore, the gently sloping topography of
the project area is not conducive to sustaining mudflows.
Water Quality
Section 303(d) of the CWA requires that each state identify water bodies or segments of water
bodies that are “impaired” (i.e., do not meet one or more of the water quality standards
established by the state). These waters are identified on the Section 303(d) list as waters that are
polluted and need further attention to support their beneficial uses. Once the water body or
segment is listed, the state is required to establish a total maximum daily load (TMDL) for the
pollutant. The TMDL is the maximum amount of a pollutant that a water body can receive and
still meet the water quality standards. Typically, a TMDL is the sum of the allowable loads of a
single pollutant from all contributing point and nonpoint sources.
Water quality impairments for Upper Newport Bay and Lower Newport Bay, and Total
Maximum Daily Loads (TMDLs) for pollutants for which each of those two water bodies are
listed, are shown in Table 3.9-X, Upper Newport Bay Water Quality Impairment.
3. Environmental Setting, Impacts and Mitigation Measures
3.9 Hydrology and Water Quality
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TABLE 3.9-X
UPPER NEWPORT BAY WATER QUALITY IMPAIRMENTS
Water Body Contaminant TDML Status
Upper Newport Bay Chlordane 5A- 2019
Copper 5A- 2019
DDT 5A – 2019
Metals 5A – 2019
Nutrients 5B – Completed
PCBs 5A – 2019
Indicator Bacteria 5B – Completed
Sediment Toxicity 5A – 2019
Sediment/Siltation 5B – Completed
SOURCE: Adams Streeter, 2019
No groundwater sampling has occurred within the Project Site. However, as discussed in
Section 3.9-8, Hazards and Hazardous Materials, groundwater beneath the site could be
adversely impacted by a previously installed (Year 1955) underground storage tank (UST).
A geophysical survey of the site confirmed that this 550-gallon gasoline UST still exists
beneath the site. As such, it potentially could have leaked and resulted in contaminated
groundwater.
Recycled Water Facilities
The Groundwater Replenishment System (GWRS) is OCWD’s recycled water purification
system in operation since 2008.
Wastewater that would otherwise be discharged to the Pacific Ocean is purified using a three-step
process (microfiltration, reverse osmosis, and advanced oxidation/disinfection) to produce high-
quality water used to recharge the groundwater basin and for injection into the Talbert Seawater
Intrusion Barrier. When first completed, the plant produced up to 70 million gallons per day or
approximately 72,000 acre-feet per year (afy) of product water. Initial expansion of the plant was
completed in 2015 increasing production up to 100,000 afy of recycled water. (OCWD, 2015)
Wastewater
Groundwater Replenishment System (GRS), a joint venture by the OCWD and the Orange
County Sanitation District (OCSD), will help reduce Orange County and Newport Beach’s
reliance on imported surface water by taking treated wastewater and returning it into the Basin
via injection or passive settling. Sewer water will be purified using a state-of-the-art, three-step
process–microfiltration, reverse osmosis, and ultraviolet light with hydrogen peroxide
disinfection. (City of Newport Beach, 2006)
Commented [SP2]: Check the hazards section
3. Environmental Setting, Impacts and Mitigation Measures
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Stormwater
The EPA defines stormwater as the runoff from rain and snowmelt events flows over land and
impervious surfaces without seeping into the ground. Stormwater is often considered a nuisance
because it mobilizes pollutants such as motor oil and trash and often flows directly to water
bodies through sewer systems, contributing a major source of pollution to these water bodies.
Stormwater discharges in California are regulated through National Pollutant Discharge
Elimination System (NPDES) permits.
Imported Water
In the early 1950s, increased pumping from the basin outpaced the rate of recharge. Water levels
dropped and seawater intruded into coastal areas threatening the basin’s water quality. The
OCWD began purchasing imported water from the Metropolitan Water District of Southern
California (MWD) who obtains their water supply from Colorado River Aqueduct for
groundwater recharge. (OCWD, 2015)
Groundwater Resources
The Project Site is located within the City of Newport Beach, within Orange County. The
Coastal Plain of the Orange County Groundwater Basin (Basin) underlies the northwestern
portion of the City and provides groundwater for much of central and north Orange County. The
Basin underlies a coastal alluvial plain in the northwestern portion of Orange County, and is
bounded by consolidated rocks exposed on the north in the Puente and Chino Hills. On the east
are the Santa Ana Mountains, and on the south are the San Joaquin Hills. The Basin is bound by
the Pacific Ocean on the southwest and by a low topographic divide approximated by the Orange
County-Los Angeles County line on the northwest. In addition, the Basin underlies the lower
Santa Ana River watershed.
Shallow ground water levels (less than 50 feet from the ground surface) are known to occur along
the coast, around Newport Bay, and along the major drainages in the Newport Beach area. Well
yields range from 500 to 4,500 gallons per minute (gpm), but are generally 2,000 to 3,000 gpm.
The total capacity of the Basin is approximately 38,000,000 acre-feet (AF). Recharge to the Basin
is derived from percolation of Santa Ana River flow, infiltration of precipitation, and injection
into wells. The Santa Ana River flow contains natural flow, reclaimed water, and imported water
that is spread in the Basin forebay, which is the upper region of the Basin. Infiltration primarily
occurs in this area; the City of Newport Beach is in the pressure area of the Basin, which is an
area that is not used for recharge. (OCWD, 2015). There are no designated recharge areas in the
City. At the Project site, ground water was encountered at depths between 8-16 feet and varied in
depth depending upon the boring elevation and the prevailing tidal influences at the time the
readings were made. Due to the presence of shallow groundwater, on-site infiltration of
stormwater runoff is considered infeasible.
The proposed drainage is proposed to mimic the existing patterns, which are generally south to
north. Under the final site conditions, the project site will connect to the existing surrounding
storm drain system at 2 distinct locations. Each drainage point is associated with tributary onsite
areas
3. Environmental Setting, Impacts and Mitigation Measures
3.9 Hydrology and Water Quality
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3.9.2 Regulatory Setting
Federal
Safe Drinking Water Act
The Federal Safe Drinking Water Act regulates drinking water quality nationwide and gives the
US Environmental Protection Agency (EPA) the authority to set drinking water standards, such as
the National Primary Drinking Water regulations, which protect drinking water by limiting the
levels of specific contaminants that can adversely affect public health. All public water systems
that provide service to 25 or more individuals must meet these standards. Water purveyors must
monitor for contaminants on fixed schedules and report to the EPA when a maximum
contaminant level (MCL) is exceeded. MCL is the maximum permissible level of a contaminant
in water that is delivered to any user of a public water system. Contaminants include organic and
inorganic chemicals (e.g., minerals), substances that are known to cause cancer, radionuclides
(e.g., uranium and radon), and microbial contaminants (e.g., coliform and E. coli). The MCL list
typically changes every three years as the EPA adds new contaminants or revises MCLs. The
California Department of Public Health’s Division of Drinking Water and Environmental
Management is responsible for implementation of the Safe Drinking Water Act in California.
Clean Water Act
he Federal Water Pollution Control Act (or Clean Water Act [CWA]) is the principal statute
governing water quality. The basis of the CWA was enacted in 1948 and was called the Federal
Water Pollution Control Act, but the Act was significantly reorganized and expanded in 1972.
"Clean Water Act" became the Act's common name with amendments in 1972. In 1987, the Clean
Water Act was further amended to require that the U.S. Environmental Protection Agency
(USEPA) establish regulations for permitting municipal and industrial storm water discharges
under the NPDES permit program. Final regulations regarding storm water discharges were
issued on November 16, 1990, and required that municipal separate storm sewer system (MS4)
discharges and industrial (including construction) stormwater discharges to surface waters be
regulated by a NPDES permit and also gave the EPA authority to implement pollution control
programs, such as setting wastewater standards for industry. The statute’s goal is to completely
end all discharges and to restore, maintain, and preserve the integrity of the nation’s waters. The
CWA regulates direct and indirect discharge of pollutants; sets water quality standards for all
contaminants in surface waters; and makes it unlawful for any person to discharge any pollutant
from a point source into navigable waters unless a permit is obtained under its provisions. The
CWA mandates permits for wastewater and stormwater discharges; requires states to establish
site-specific water quality standards for navigable bodies of water; and regulates other activities
that affect water quality, such as dredging and filling wetlands. The CWA funds the construction
of sewage treatment plants and recognizes the need for planning to address nonpoint sources of
pollution. Section 402 of the CWA requires a permit for all point source (a discernible, confined,
and discrete conveyance, such as a pipe, ditch, or channel) discharges of any pollutant (except
dredge or fill material) into waters of the United States.
3. Environmental Setting, Impacts and Mitigation Measures
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National Pollutant Discharge Elimination System
CWA Section 402 regulates discharges to surface waters of the United States through the NPDES
program. In California, the USEPA authorizes the State Water Resources Control Board (SWRCB) to
oversee the NPDES program through the Regional Water Quality Control Boards (RWQCBs).
Stormwater discharges are also regulated under CWA Section 402. Construction activities
disturbing one acre of land or greater must be covered under the SWRCB General Construction
Activity Stormwater Permit. The permit requires preparation of a Stormwater Pollution
Prevention Plan (SWPPP) for construction activities. A SWPPP prepared in compliance with the
General Permit describes the site, erosion and sediment controls, runoff water quality monitoring,
means of waste disposal, implementation of approved local plans, control of post-construction
sediment and erosion control measures and maintenance responsibilities, and non-stormwater
management controls. Dischargers are also required to inspect construction sites before and after
storms to identify stormwater discharge from construction activity, and to identify and implement
controls where necessary.
Clean Water Act Section 303(d)
Section 303(d) of the CWA requires that each state identify water bodies or segments of water
bodies that are “impaired” (i.e., do not meet one or more of the water quality standards
established by the state). These waters are identified in the Section 303(d) list as waters that are
polluted and need further attention to support their beneficial uses. Once the water body or
segment is listed, the state is required to establish TMDL for the pollutant. A TMDL is the
maximum amount of a pollutant that a water body can receive and still meet the water quality
standards. Typically, TMDL is the sum of the allowable loads of a single pollutant from all
contributing point and nonpoint sources.
Clean Water Act Section 401
Section 401 of the federal CWA requires that any activity, including the crossing of rivers or
streams during road, pipeline, or transmission line construction, that might result in discharges of
dredged or fill material into a state water body, be certified by the RWQCB. This certification
ensures that the proposed activity does not violate state or federal water quality standards.
Clean Water Act Section 404
Wetlands are generally considered to be areas that are periodically or permanently inundated by
surface water or groundwater, and support vegetation adapted to life in saturated soil. Wetlands
are recognized as important features on a regional and national level due to their high inherent
value to fish and wildlife, use as storage areas for storm and floodwaters, and water recharge,
filtration, and purification functions. Technical standards for delineating wetlands have been
developed by the Army Corps of Engineers (ACOE) which generally defines wetlands through
consideration of three criteria: hydrology, soils, and vegetation. Under Section 404 of the CWA,
the ACOE is responsible for regulating the discharge of dredged or fill material into waters of the
United States. The term “waters of the United States” includes wetlands and non-wetland bodies
of water that meet specific criteria as defined in the Code of Federal Regulations.
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Federal Antidegradation Policy
The federal Antidegradation Policy was released in 1968 and was included in the USEPA’s first
Water Quality Standards Regulation. The Antidegradation Policy represents a three-tiered
approach to maintaining and protecting water quality. First, all existing beneficial uses and levels
of water quality necessary to protect those uses must be preserved and protected from
degradation. Second, water quality must be protected in areas where the quality cannot support
the propagation of fish, shellfish, and wildlife and recreation (“fishable/swimmable”). Third, the
policy provides special protection of waters for which the ordinary water quality criteria are not
sufficient. These waters are called “Outstanding National Resources Waters” and have been
designated as unique or ecologically sensitive.
If an activity is going to be allowed to degrade or lower water quality (in situations where
existing water quality is higher than that needed to maintain established beneficial uses), the
Antidegradation Policy requires that proposed projects meet the criteria below:
The activity is necessary to accommodate important economic or social development in
the area.
Water quality is adequate to protect and fully maintain existing beneficial uses.
National Flood Insurance Act
The National Flood Insurance Act of 1968 established the National Flood Insurance Program,
which is based on the minimal requirements for floodplain management and is designed to
minimize flood damage within Special Flood Hazard Areas. The Federal Emergency
Management Agency (FEMA) is the agency that administers the National Flood Insurance
Program. Special Flood Hazard Areas (SFHA) are defined as areas that have a 1 percent chance
of flooding within a given year, also referred to as the 100-year flood. Flood Insurance Rate
Maps were developed to identify areas of flood hazards within a community.
State
Porter-Cologne Water Quality Act
The Porter-Cologne Act (Division 7 of the California Water Code) provides the basis for water
quality regulation within California and defines water quality objectives as the limits or levels of
water constituents that are established for reasonable protection of beneficial uses. The SWRCB
administers water rights, water pollution control, and water quality functions throughout the
State, while the RWQCB conducts planning, permitting, and enforcement activities. The Porter-
Cologne Act requires the RWQCB to establish water quality objectives, while acknowledging
that water quality may be changed to some degree without unreasonably affecting beneficial uses.
Beneficial uses, together with the corresponding water quality objectives, are defined as
standards, per Federal regulations. Therefore, the regional plans form the regulatory standards for
meeting State and federal requirements for water quality control. Changes in water quality are
only allowed if the change is consistent with the maximum beneficial use designated by the State,
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does not unreasonably affect the present or anticipated beneficial uses, and does not result in
water quality less than that prescribed in the water quality control plans.
National Pollutant Discharge Elimination Program
The NPDES permit program is administered in the State of California by the RWQCBs, and was
first established under the authority of the CWA to control water pollution by regulating point
sources that discharge pollutants into waters of the United States. If discharges from industrial,
municipal, and other facilities go directly to surface waters, those project applicants must obtain
permits. An individual NPDES permit is specifically tailored to a facility. A general NPDES
permit covers multiple facilities within a specific activity category such as construction activities.
A general permit applies with same or similar conditions to all dischargers covered under the
general permit.
Construction General Permit
The State of California adopted a Statewide NPDES Permit for General Construction Activity
(Construction General Permit) on September 2, 2009 (Order No. 2009-0009-DWQ, as amended
by 2010-0014-DWQ and 2012-0006-DWQ). The last Construction General Permit amendment
became effective on February 16, 2012. The Construction General Permit regulates construction
site storm water management. Dischargers whose projects disturb one or more acres of soil, or
whose projects disturb less than one acre but are part of a larger common plan of development
that in total disturbs one or more acres, are required to obtain coverage under the general permit
for discharges of storm water associated with construction activity. Construction activity subject
to this permit includes clearing, grading, and disturbances to the ground, such as stockpiling or
excavation, but does not include regular maintenance activities performed to restore the original
line, grade, or capacity of the facility.
The Construction General Permit (CGP) requires the development and implementation of an
Stormwater Pollution Prevention Plan (SWPPP) that includes specific Best Management
Practices (BMPs) designed to prevent pollutants from contacting stormwater and keep all
products of erosion from moving off-site into receiving waters. Types of BMPs include erosion
control (e.g., preservation of vegetation), sediment control (e.g., fiber rolls), non-stormwater
management (e.g., water conservation), and waste management. The SWPPP also includes
descriptions of BMPs to reduce pollutants in storm water discharges after all construction phases
have been completed at the site (post-construction BMPs). The SWPPP BMPs are intended to
protect surface water quality by preventing the off-site migration of eroded soil and construction-
related pollutants from the construction area. Routine inspection of all BMPs is required under
the provisions of the CGP. In addition, the SWPPP is required to contain a visual monitoring
program, a chemical monitoring program for nonvisible pollutants, and a sediment monitoring
plan if the site discharges directly to a water body listed on the 303(d) list for sediment.
In the project area, the CGP is implemented and enforced by the Santa Ana Regional Water
Quality Control Board (RWQCB), which administers the stormwater permitting program.
Dischargers are required to electronically submit a Notice of Intent (NOI) and permit registration
documents (PRDs) to obtain coverage under this CGP. Dischargers are responsible for notifying
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the Santa Ana RWQCB of violations or incidents of noncompliance, as well as for submitting
annual reports identifying deficiencies of the BMPs and how the deficiencies were corrected.
Municipal Stormwater Permitting (MS4)
The State’s Municipal Stormwater Permitting Program regulates stormwater discharges from
Municipal Separate Storm Sewer Systems (MS4s). MS4 Permits were issued in two phases.
Phase I was initiated in 1990, under which the RWQCBs adopted NPDES stormwater permits for
medium (serving between 100,000 and 250,000 people) and large (serving more than 250,000
people) municipalities. As part of the Phase II, the SWRCB adopted a General Permit for small
MS4s (serving less than 100,000 people) and non-traditional small MS4s including governmental
facilities such as military bases, public campuses, and hospital complexes.
State Antidegradation Policy
Under the State’s Antidegradation Policy (as set forth in SWRCB Resolution No. 68-16),
whenever the existing quality of waters is better than what is needed to protect present and future
beneficial uses, such existing quality must be maintained. This State policy has been adopted as a
water quality objective in all the State’s Basin Plans. The State policy establishes a two-step
process to determine if discharges with the potential to degrade the water quality of surface or
groundwater will be allowed.
The first step requires that, where a discharge would degrade high-quality water, the discharge
may be allowed only if any change in water quality would:
Be consistent with the maximum benefit to the people of the State;
Not reasonably affect present and anticipated beneficial uses of such water;
Result in water quality that is not less than that which is prescribed in State policies (i.e.,
Basin Plans).
The second step (as set forth in SWRCB Resolution No. 68-16) states that any activity resulting
in discharge to high-quality waters is required to use the best practicable treatment or control of
the discharge necessary in order to avoid the occurrence of pollution or nuisance and to maintain
the “highest water quality consistent with the maximum benefit to the people of the state”. The
State policy applies to both surface and groundwater, as well as to both existing and potential
beneficial uses of the applicable waters.
NPDES Program
The NPDES permit program is administered in the State of California by the RWQCBs, and was
first established under the authority of the Clean Water Act to control water pollution by
regulating point sources that discharge pollutants into “Waters of the U.S.”. If discharges from
industrial, municipal, and other facilities go directly to surface waters, those project applicants
must obtain permits. An individual NPDES permit is specifically tailored to a facility. A general
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3.9 Hydrology and Water Quality
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NPDES permit covers multiple facilities within a specific activity category such as construction
activities. A general permit applies the same or similar conditions to all dischargers covered
under the general permit. There are nine RWQCBs in the State of California. These boards have
the mandate to develop and enforce water quality objectives and implementation plans within
their regions. The Project Site is located within the jurisdiction of the Santa Ana RWQCB.
California Coastal Act
The California Coastal Commission (Coastal Commission) is responsible for protecting water
quality in coastal environments as defined under Sections 30230 and 30231 of the California
Coastal Act. These water quality provisions provide a broad basis for protecting coastal waters,
habitats and biodiversity associated with new development and redevelopment projects. To meet
the objectives of Sections 30230 and 30231, the Coastal Commission supports a multi-pronged
approach to water quality management, which includes implementing site-design, source-control,
and treatment-control BMPs and low impact development (LID) features. New development and
redevelopment projects that are within the Coastal Zone are required to apply for a Coastal
Development Permit through the Coastal Commission prior to construction. As part of the
Coastal Development Permit process, projects must demonstrate water quality protection with the
implementation of site-design, source-control, and treatment-control BMPs.
California Ocean Plan
The Water Quality Control Plan for Ocean Waters of California (Ocean Plan), amended through
2001, establishes beneficial uses and water quality objectives for waters of the Pacific Ocean
along the California coast outside enclosed bays, estuaries, and coastal lagoons. The Ocean Plan
establishes water quality objectives, discharge prohibitions, and management guidelines for
safeguarding the Pacific Ocean’s water quality.
Regional and Local
Santa Ana River Basin Plan
As indicated above, the Project Site is located within the Santa Ana RWQCB’s jurisdiction. The
Water Quality Control Plan for the Santa Ana River Basin (Santa Ana River Basin Plan)
designates beneficial uses and water quality objectives for water bodies in the region. Narrative
water quality criteria contained in the Basin Plan cover a range of both organic and inorganic
constituents for both surface and groundwater; the Santa Ana River Basin Plan prohibits the
degradation of water quality in a manner that would adversely impact a water body’s designated
beneficial uses. The Basin Plan incorporates applicable portions of a number of national and
statewide water quality plans and policies, including the California Water Code and the Clean
Water Act. For certain designated surface water bodies and groundwater management zones,
specific numeric water quality objectives have been established for a range of constituents. These
water quality criteria apply within receiving waters and do not apply directly to runoff. Within
the project area, there are no water bodies (or groundwater management zones) for which
numeric objectives have been established.
3. Environmental Setting, Impacts and Mitigation Measures
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The Santa Ana RWQCB defines a beneficial use for surface waters in the region as “one of the
various ways that water can be used for the benefit of people and/or wildlife.” Beneficial uses,
along with specific water quality criteria, comprise water quality standards for surface (navigable)
waters as defined by Section 303 of the federal Clean Water Act (33 United States Code [USC]
§1313). Under the Porter-Cologne Water Quality Control Act (California Water Code §§13050
et seq.), these concepts are separately considered as beneficial uses and water quality objectives.
Beneficial uses and water quality objectives are to be established for all “Waters of the State”,
both surface and subsurface groundwater.
There are 23 beneficial uses defined statewide; of these, 19 are recognized within the Santa Ana
Region. One additional beneficial use—Limited Warm Freshwater Habitat—is unique to the
Santa Ana Region, bringing the total number of beneficial uses recognized in the Santa Ana
Region to 20. The 20 beneficial uses include the following: MUN: municipal and domestic
supply; AGR: agricultural supply; IND: industrial service supply; PROC: industrial process
supply; GWR: Groundwater Recharge; NAV: navigation; POW: hydropower generation; REC1:
water contact recreation; REC2: noncontact water recreation; COMM: commercial and sport
fishing; WARM: warm freshwater habitat; LWARM: limited warm freshwater habitat; COLD:
cold freshwater habitat; BIOL: biological significance; WILD: wildlife habitat; RARE: rare,
threatened, or endangered species; SPWN: spawning, reproduction, and development; MAR:
marine habitat; SHEL: shellfish harvesting; EST: estuarine habitat. The beneficial uses
identified for Upper and Lower Newport Bays are listed in the Existing Conditions section above.
General Waste Discharge Requirements for Discharges to Surface Waters
Which Pose an Insignificant (de minimus) Threat to Water Quality (Dewatering
Permit)
The Santa Ana RWQCB issued Order No. R8-2003-0061 and Amendments to NPDES Permit
No. CAG998001 (Dewatering Permit) to regulate the discharge of dewatering wastes from
construction, subterranean seepage, and other similar types of discharges considered to have “de
minimus” impacts on water quality within the jurisdictions covered by the County permit. This
permit was updated in March 2009 (by Order No. R8-2009-0003, NPDES NP. CAG998001) and
applies to projects located within the City of Newport Beach (City). To obtain coverage under
this permit, an applicant must submit an NOI and data establishing the chemical characteristics of
the dewatering discharge. A standard monitoring and reporting program is included as part of the
permit. For dewatering activities that are not covered by the General Permit, Waste Discharge
Requirements, and an individual NPDES permit must be obtained from the applicable RWQCB.
Orange County Storm Water Program 2003 Drainage Area Management Plan
(DAMP)
Section 402(p) of the Clean Water Act, as amended by the Water Quality Act of 1987, requires
that municipal NPDES Permits include requirements (1) to essentially prohibit non-storm water
discharges into municipal storm sewers and (2) to control the discharge of pollutants from
municipal storm drains to the maximum extent practicable. In response to this requirement, the
Orange County Drainage Area Management Plan (DAMP) was developed in 1993, which has
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been updated several times in response to requirements associated with NPDES permit renewals.
The City is a permittee covered by the requirements of this permit.
The main objectives of the Orange County DAMP are to fulfill the Permittees’ commitment to
present a plan that satisfies NPDES permit requirements and to evaluate the impacts of urban
storm water discharges on receiving waters. Orange County DAMP elements include: (1) the
establishment of public outreach and educational programs, management strategies, and inter-
agency coordination; (2) continuing participation in the Regional Research/Monitoring program
that is being conducted with the neighboring counties, the Southern California Coastal Waters
Research Project, and three Southern California Regional Boards; (3) the establishment of BMPs
aimed at managing project-induced hydrologic effects; and (4) the improvement of water quality
throughout the region.
Areas of Special Biological Significance
Areas offshore of Newport Beach are designated by the SWRCB for the protection of sensitive
marine species or biological communities from undesirable alterations in natural water quality.
Pursuant to recent revisions to the California Public Resources Code (PRC), Areas of Special
Biological Significance are now included within the areas classified as “State Water Quality
Protection Areas” where marine species and biological communities are protected from
“undesirable alteration[s] in natural water quality” (PRC §36700[f]). The two closest Areas of
Special Biological Significance to the Project Site include the Irvine Coast Marine Life Refuge
Areas of Special Biological Significance, located offshore and approximately seven miles south,
and the Newport Beach Marine Life Refuge, also offshore and approximately five miles to the
south. (City of Newport Beach, 2009)
City of Newport Beach Municipal Code
The City of Newport Beach Municipal Code contains policies relevant to water quality
management, specifically to control storm water runoff from development sites. Section 14.36.040,
Control of Urban Runoff, requires new development and redevelopment projects to comply with
the Drainage Area Management Plan (DAMP) as well as conditions and requirements established
by the Community Development Department or Building Department to reduce or eliminate
pollutants in storm water runoff from a Project Site.
Local Implementation Plan
The City’s Local Implementation Plan (LIP) was prepared as part of a compliance program
pursuant to the Third Term NPDES Permit. The LIP presents the actions, activities and programs
undertaken by the City, as well as current activities and programs, to meet the requirements of the
NPDES Permit and to improve urban water quality. Although the LIP is intended to serve as the
basis for City compliance during the five-year period of the Third Term NPDES Permit, the LIP is
subject to modifications and updates as the City determines necessary, or as directed by the Santa
Ana RWQCB.
3. Environmental Setting, Impacts and Mitigation Measures
3.9 Hydrology and Water Quality
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The LIP, in conjunction with the County DAMP, is the principal policy and guidance document for
the City’s NPDES Storm Water Program. Sections A.7.0 and A.8.0 of the LIP address new
development and significant redevelopment controls for incorporating BMPs into environmental
compliance requirements. The LIP also addresses construction requirements for sedimentation and
erosion control, as well as on-site hazardous materials and waste management.
On May 22, 2009, the Santa Ana RWQCB re-issued the MS4 Permit for the Santa Ana Region of
Orange County (Order R8-2009-0030). Re-issuance of the fourth term of this permit resulted in
changes to the 2003 DAMP and City of Newport Beach LIP and storm water program. This
updated Fourth Term permit includes new requirements pertaining to hydromodification1 and low
impact development (LID) features associated with new developments and redevelopment projects.
Following the permit adoption, the County of Orange, as the Principal Permittee, prepared a new
2011 Model WQMP that incorporates feasibility criteria for LID and hydromodification
requirements. Following the Santa Ana RWQCB’s approval of the 2011 Model WQMP, the City
will be required to update their LIP and storm water programs and incorporate the new 2011 Model
WQMP into their discretionary approval processes for new development and redevelopment
projects.
One component of the New Development/Significant Redevelopment Section of the City’s LIP is
the provision to prepare a WQMP for specified categories of development aimed at reducing
pollutants in post-development runoff. Specifically, a project-specific WQMP includes Santa Ana
RWQCB-approved BMPs, where applicable, that address post-construction management of storm
water runoff water quality. This includes operation and maintenance requirements for all structural
or treatment-control BMPs required for specific categories of developments to reduce pollutants in
post-development runoff to the Maximum Extent Practicable (MEP). The categories of
development that require preparation of a project-specific WQMP include:
All significant redevelopment projects, where redevelopment is defined as the addition of
5,000 square feet (sf) or more of impervious surface on an already developed site;
New development projects that create 10,000 sf or more of impervious surface (collectively
over the entire site) including commercial, industrial, residential housing subdivisions,
mixed use, and public projects;
Automotive repair shops;
Restaurants where the land area of development (including parking areas) is 5,000 sf or
more;
Hillside developments on 5,000 sf or more, which are located on areas with known erosive
soil conditions or where the natural slope is 25 percent or more;
Developments of 2,500 sf or more located within, directly adjacent to (within 200 feet), or
discharging directly into receiving waters within Environmentally Sensitive Areas (ESA)
1 Hydromodification is generally defined as the alteration of natural flow characteristics.
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such as areas designated in the Ocean Plan as Areas of Special Biological Significance or
water bodies listed on the Clean Water Act Section 303(d) list of impaired water bodies;
Parking lots with 5,000 sf or more of impervious surface, or with 15 parking spaces or
more exposed to urban storm water runoff;
Streets, roads, highways and freeways of 5,000 sf or more of paved surface, which shall
also incorporate USEPA guidance contained within “Managing Wet Weather with Green
Infrastructure: Green Streets” in a manner consistent with the MEP standard; and
Retail gasoline outlets of 5,000 sf or more with a projected average daily traffic of 100
vehicles or more per day.
As required by the City’s municipal ordinances on storm water quality management, a project’s
WQMP must be submitted to the City for approval prior to the City issuing any building or grading
permits. As the Project Site drains directly to Upper Newport Bay, which is impaired on the 303(d)
list and is considered an ESA, the project is subject to the requirements of the City’s WQMP. This
includes meeting any new requirements of the updated MS4 Permit and associated LIP. Projects
that fall into the categories of development listed above that require preparation of a project-specific
WQMP are also referred to as “Priority Projects.”
General Plan Natural Resources Element, Harbors and Bay Element and Safety
Element
Natural Resources Element and the Harbors and Bay Element of the City of Newport Beach
General Plan includes goals and policies related to water quality and water resources that are
applicable to the proposed project. The primary goal of the Safety Element is to reduce the
potential risk of death, injuries, property damage, and economic and social dislocation resulting
from natural and human-induced hazards, including flooding hazards.
Emergency Management Program
The City has a comprehensive Emergency Management Program which includes elements
necessary to respond quickly and effectively to major emergencies, including flooding hazards.
These elements include: an Emergency Operations Plan, Emergency Operations Center,
Employee Response Program, Public Education Program, and trained Community Emergency
Response Team (NBCERT). A variety of activities, programs and projects designed to enhance
the City's preparedness are conducted regularly such as training, drills and disaster exercises. The
Newport Beach Fire Department is the lead department for coordinating all emergency
management activity in the City.
3.9.3 Thresholds of Significance
In accordance with Appendix G of the CEQA Guidelines, the project could have a significant
impact on hydrology and water quality if it would:
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a) Violate any water quality standards or waste discharge requirements or otherwise
substantially degrade surface or ground water quality? (See Impact 3.9-1)
b) Substantially decrease groundwater supplies or interfere substantially with groundwater
recharge such that the project may impede sustainable groundwater management of the
basin? (See Impact 3.9-2)
c) Substantially alter the existing drainage pattern of the site or area, including through the
alteration of the course of a stream or river or through the addition of imperious surfaces, in a
manner which would:
i) result in substantial erosion or siltation on- or off-site (See Impact 3.9-3);
ii) substantially increase the rate or amount of surface runoff in a manner which would
result in flooding on- or offsite ((See Section XXX);
iii) create or contribute runoff water that would exceed the capacity of existing or planned
stormwater drainage systems or provide substantial additional sources of polluted runoff
(See Impact 3.9-3); or
iv) impede or redirect flood flows (See Section XXX)?
d) In flood hazard, tsunami, or seiche zones, risk or release of pollutants due to project
inundation? (See Impact 3.9-4)
e) Conflict with or obstruct implementation of a water quality control plan or sustainable
groundwater management plan? (See Impact 3.9-5)
3.9.4 Methodology
XXX
3.9.5 Impact Analysis
Water Quality Standards/Waste Discharge Requirements
Impact 3.9-1: The proposed project would/would not violate any water quality standards or
waste discharge requirements or otherwise substantially degrade surface or ground water
quality.
Project-Specific
XXX
Cumulative
XXX
Mitigation Measures
Project-Specific
XXX
Cumulative
XXX
3. Environmental Setting, Impacts and Mitigation Measures
3.9 Hydrology and Water Quality
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Significance Determination
Project-Specific
Determination. XXX
Cumulative
Determination. XXX
_________________________
Groundwater Supplies and Recharge
Impact 3.9-2: The proposed project would not substantially decrease groundwater supplies
or interfere substantially with groundwater recharge such that the project may impede
sustainable groundwater management of the basin.
Project-Specific
The City, as well as the project area, does not have designated groundwater recharge areas, and
the development of the project site would not substantially interfere with existing groundwater
recharge. Groundwater was encountered from 8 feet to 16 feet below ground surface. Due to the
presence of shallow groundwater, dewatering activities may be required. If dewatering is
required, the water would be required to be tested prior to discharging. The testing of the water
would ensure that water that is discharged does not exceed the TMDL limits applicable to Upper
and Lower Newport Bay. Construction and operational activities associated with the project
would result in less than significant impacts to groundwater supplies and groundwater recharge.
Cumulative
XXX
Mitigation Measures
Project-Specific
XXX
Cumulative
XXX
Significance Determination
Project-Specific
Determination. XXX
Cumulative
Determination. XXX
_________________________
3. Environmental Setting, Impacts and Mitigation Measures
3.9 Hydrology and Water Quality
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Drainage Pattern
Impact 3.9-3: The proposed project would not substantially alter the existing drainage
pattern of the site or area, including through the alteration of the course of a stream or
river or through the addition of imperious surfaces, in a manner which would result in
substantial erosion or siltation on- or off-site;
Project-Specific
The implementation of the project would alter the onsite drainage characteristics but the addition
of impervious surfaces on the project site would result in the conveyance of storm water within
the proposed storm drain system. The project’s increase in storm water flows would not cause
substantial erosion or siltation because the storm water would be directed to the onsite storm
water piping facilities that would connect with the existing storm drain that convey water to the
Bay. (Need to discuss the storm drain pipe outlet into the Bay)
Cumulative
XXX
Mitigation Measures
Project-Specific
XXX
Cumulative
XXX
Significance Determination
Project-Specific
Determination. XXX
Cumulative
Determination. XXX
_________________________
Impact 3.9-4: The proposed project would not substantially alter the existing drainage
pattern of the site or area, including through the alteration of the course of a stream or
river or through the addition of imperious surfaces, in a manner which would create or
contribute runoff water that would exceed the capacity of existing or planned stormwater
drainage systems or provide substantial additional sources of polluted runoff; or
Project-Specific
The implementation of the project would alter the onsite drainage characteristics but would
ultimately maintain and conform to the overall existing drainage patterns in which the site would
convey its runoff directly into the Upper Newport Bay. Prior to discharging into the Bay, all on-
site flows would converge into the proposed onsite storm drain system and be intercepted
3. Environmental Setting, Impacts and Mitigation Measures
3.9 Hydrology and Water Quality
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upstream of each discharge point by biofiltration units, known as Modular Wetlands, for filtration
and treatment of the low flows. Comment: Need to discuss the existing public storm drain
capacities to demonstrate that a 7 percent increase in storm flow can be accommodated by the
existing storm drains.
Cumulative
XXX
Mitigation Measures
Project-Specific
XXX
Cumulative
XXX
Significance Determination
Project-Specific
Determination. XXX
Cumulative
Determination. XXX
_________________________
Degrade Water Quality
Impact 3.9-4: The proposed project would/would not risk or release of pollutants due to
project inundation in flood hazard, tsunami, or seiche zones.
Project-Specific
XXX
Cumulative
XXX
Mitigation Measures
Project-Specific
XXX
Cumulative
XXX
3. Environmental Setting, Impacts and Mitigation Measures
3.9 Hydrology and Water Quality
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Significance Determination
Project-Specific
Determination. XXX
Cumulative
Determination. XXX
Water Quality Control Plan
Impact 3.9-5: The proposed project would/would not conflict with or obstruct
implementation of a water quality control plan or sustainable groundwater management
plan.
Project-Specific
The proposed project includes a site specific water quality control plan which addresses
stormwater runoff generated from the proposed improvements. All proposed LID and Source
Control BMPs are project specific and are designed to function independently of the any existing
BMPs located within the surrounding developments. The implementation of the WQMP would
not affect the surrounding developments or prohibit future improvements from implementing site
specific WQMP plans.
Regarding sustainable groundwater management plans, due to the depth of groundwater onsite,
minor amounts of groundwater seepage may be present at the bottom of the deepest portions of
the building foundation system. However, the volume of any displaced groundwater would be
minor. Construction of the proposed project would not substantially deplete the groundwater or
interfere with future groundwater recharge such that there would be quantifiable reduction in
aquifer volume or groundwater table level. Impacts related sustainable groundwater management
plans would be less than significant.
Cumulative
XXX
Mitigation Measures
Project-Specific
XXX
Cumulative
XXX
Significance Determination
Project-Specific
Determination. XXX
Cumulative
Determination. XXX
3. Environmental Setting, Impacts and Mitigation Measures
3.9 Hydrology and Water Quality
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_________________________
3.9.6 References
City of Newport Beach, 2009. Areas of Special Biological Significance – Newport Coast,
California: Assessment of Impacts and Pilot Restoration Program. Available at:
https://www.newportbeachca.gov/home/showdocument?id=6028, accessed May 26, 2020.
City of Newport Beach, 2019. Tsunami Information, Tsunami Advisory Evacuaion Zone, Map
prepared by Newport Beach GIS, 2019. Available at:
http://www.newportbeachca.gov/index.aspx?page=1495, accessed May 26, 2020.
City of Newport Beach, 2006. General Plan Update Environmental Impact Report. July 25, 2006.
Available at: https://www.newportbeachca.gov/government/departments/community-
development/planning-division/general-plan-codes-and-regulations/general-plan/general-
plan-environmental-impact-repor, accessed May 26, 2020.
Orange County Water District (OCWD), 2015. Orange County Water District Groundwater
Management Plan, 2015 Update. Available at:
https://www.ocwd.com/media/3622/groundwatermanagementplan2015update_20150624.p
df, accessed May 26, 2020.
City of Newport Beach Municipal Code, 2020. Chapter 14.26 Water Quality. Available at:
https://www.codepublishing.com/CA/NewportBeach/html/NewportBeach14/NewportBeac
h1436.html, accessed May 26, 2020.
3. Environmental Setting, Impacts and Mitigation Measures
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3.10 Land Use and Planning
Introduction
This section of the environmental impact report (Draft EIR) examines potential land use and
planning effects that could arise from implementation of the Project. In particular, this section
discusses existing and planned land uses and zoning within and surrounding the Project Site.
Land use impacts can be either direct or indirect. Direct impacts are those that result in land use
incompatibilities, division of neighborhoods or communities, or interference with other land use
plans, including habitat or wildlife conservation plans. Indirect impacts are secondary effects
resulting from land use policy implementation, such as an increase in demand for public utilities
or services, or increased traffic on roadways. This section focuses on direct land use impacts, and
evaluates Project consistency with applicable land use plans and regulations, including relevant
goals and policies in the City of Newport Beach General Plan. Indirect impacts are addressed in
other sections of this DEIR.
The Project would construct an approximate 201,499 square-foot hotel with up to 275 rooms,
recreational areas and amenities, associated surface parking lots, and the installation of additional
landscaping and lighting at the Newport Dunes within the Newport Back Bay.
3.10.1 Environmental Setting
Regional Setting
The City of Newport Beach (City) is located at the western edge of the County of Orange
(County), adjacent to the Pacific Ocean and is bordered by Costa Mesa to the northwest,
Huntington Beach to the west, Irvine to the northeast, and unincorporated portions of Orange
County to the southeast, see Figure 2-1. The City of Newport Beach is a member agency of the
Southern California Association of Governments (SCAG), and within the vicinity of the John
Wayne Airport.
Project and Site Vicinity
The Project Site is approximately 14.29 acres and is located at the Newport Dunes of the Newport
Back Bay within the City’s Coastal Zone; refer to Figure 2-2. The existing Newport Dunes
Marina with approximately 430 boat slips with a marina clubhouse and ancillary facilities is
located to the north of the Project Site. The Newport Dunes Waterfront Resort that includes
recreational vehicle and cabins/cottages sites is located west and south of the Project Site. Also
located to the west is the 270-space Bayside Village mobile home park. Located to the east of the
Project Site is the Newport Dunes Swimming Lagoon and Beach, Day Use Parking, Boat Trailer
Parking, Boat Launch Ramps and the Back Bay Bistro restaurant. The Project Site is also located
adjacent to the Upper Newport Bay estuary. The northern portion of the Project Site currently
operates as a boat storage facility and parking lot with Camp James facilities located in the
northeast corner. The southern portion of the Project Site is vacant and consists of stockpiled
dredged material from Newport Bay.
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3.10 Land Use and Planning
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The Project Site has a land use designation of Parks and Recreation, and is zoned Planned
Community-48 (PC-48) Newport Dunes. The surrounding land use designations include Parks
and Recreation and Multiple-Unit Residential Detached (RM-D) immediately south of the inlet,
Multiple-Unit Residential Detached (RM-D), Mixed Use Horizontal (MU-H) and Open Space
(OS) to the north, and Parks and Recreation to the west (east of Interstate-5). The area
surrounding zoning designations include Planned Community-1-Mobile Home Park Overlay (PC-
1-MHP) and Planned Community-9 (PC-9) to the north, Planned Community-48 (PC-48),
Planned Community-39 (PC-39), and Commercial Visitor-Serving (CV) to the south, and
Planned Community-1-Mobile Home Park Overlay (PC-1-MHP) and Planned Community-48
(PC-48) to the west (east of Interstat-5).
3.10.2 Regulatory Setting
Federal
There are no federal regulations, plans, or policies applicable to land use and planning relevant to
the Project.
State
California Coastal Act
The California Coastal Act of 1976 (Coastal Act) recognizes the California Coastal Zone (Coastal
Zone) as a distinct and valuable natural resource of vital and enduring interest to residents of the
state and nation that requires permanent protection to prevent its deterioration and destruction.
The California Coastal Commission (Coastal Commission) has primary responsibility for the
implementation of the Coastal Act. The Coastal Commission’s mission is focused on protecting
and enhancing California’s coast and ocean for present and future generations through careful
planning and regulation of environmentally-sustainable development, rigorous use of science,
strong public participation, education, and effective intergovernmental coordination. The basic
goals set forth in the Coastal Act for the coastal zone are to:
(a) Protect, maintain, and, where feasible, enhance and restore the overall quality of the
coastal zone environment and its natural and artificial resources.
(b) Assure orderly, balanced utilization and conservation of coastal zone resources taking into
account the social and economic needs of the people of the state.
(c) Maximize public access to and along the coast and maximize public recreational
opportunities in the coastal zone consistent with sound resources conservation principles
and constitutionally protected rights of private property owners.
(d) Assure priority for coastal-dependent and coastal-related development over other
development on the coast.
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(e) Encourage state and local initiatives and cooperation in preparing procedures to implement
coordinated planning and development for mutually beneficial uses, including educational
uses, in the coastal zone.
The Coastal Commission, in partnership with coastal cities and counties, plans and regulates the
use of land and water in the coastal zone. A coastal permit is required from the Coastal
Commission, or a local government that has a Commission-certified local coastal program (LCP,
for development activities broadly defined by the Coastal Act to include (among others)
construction of buildings, divisions of land, and activities that change the intensity of use of land
or public access to coastal waters.
The Coastal Act policies are accomplished primarily through the preparation of a local coastal
program (LCP). Cities and counties within the coastal zone are required to prepare a LCP, which
includes a Land Use Plan (LUP) and an Implementation Plan (IP). An LUP describes the
planning area’s land use and environmental conditions, identifies issues related to coastal
protection and access, and establishes land use policies that are appropriate for each unique
coastal community to ensure that the State’s beaches, bluffs and tidelands remain as public assets.
The IP is the mechanism for implementing the policies contained in the LUP. The IP is generally
a part of a City's Zoning code.
An LCP becomes fully certified only after the Coastal Commission certifies that the LUP and IP
are consistent with the policies of the Coastal Act. The City of Newport Beach’s Coastal Land
Use Plan was approved by the Coastal Commission on October 13, 2005, and adopted December
13, 2005. The Coastal Commission approved the City of Newport Beach’s Local Coastal
Implementation Plan on September 8, 2016. City Council approval was on November 22, 2016,
which went into effect on January 30, 2017.
Regional
Southern California Association of Governments
The Southern California Association of Governments (SCAG) is the designated Metropolitan
Planning Organization for six Southern California counties (Los Angeles, Ventura, Orange, San
Bernardino, Riverside, and Imperial), and is federally mandated to develop plans for regional
transportation, land use and growth management, hazardous waste management, and air quality.
The City is one of many jurisdictions comprising the SCAG jurisdictional area.
SCAG has adopted a number of strategies that support implementation of SB 375, evolving
sustainability goals and “smart growth” strategies. The key principles of these strategies include:
locating new employment centers and neighborhoods near major transit stops to reduce vehicle
miles traveled and greenhouse gas emissions; creating mixed use density within walking distance
of transit stations to reduce automobile travel; focusing future growth in urban centers and
existing cities to reduce vehicle miles traveled and preserve rural and other natural areas; and
preserving established single-family neighborhoods and existing natural and green spaces by
encouraging new development within existing urbanized areas.
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Regional Transportation and Sustainable Communities Plan
On April 7, 2016, SCAG’s Regional Council adopted the 2016 - 2040 Regional Transportation
Plan/Sustainable Communities Strategy (2016 RTP/SCS). The 2016 RTP/SCS presents the land
use and transportation vision for the region through the year 2040 and provides a long-term
investment framework for addressing the region’s challenges. The 2016 RTP/SCS includes nine
goals that pertain to economic development, mobility, accessibility, travel safety, productivity of
the transportation system, protection of the environment and health through improved air quality,
energy efficiency, and land use and growth patterns that complement the state and region’s
transportation investments, and security of the regional transportation system.
The RTP/SCS serves as the region’s major planning document for sustainable growth in the
region, with policies and strategies that aim to reduce greenhouse gas (GHG) emissions. SCAG’s
overarching strategy is to encourage compact mixed-use communities in existing urban areas,
providing neighborhoods with efficient and plentiful public transit, abundant and safe
opportunities to walk, bike and pursue other forms of active transportation, and preserving more
of the region’s remaining natural lands. SCAG’s RTP/SCS envisions compact communities as the
general land use growth pattern for the region
Under this strategy, vehicle miles traveled (VMT), congestion, and GHG emissions will be
reduced. The RTP/SCS specifically encourages future growth to occur within existing high
quality transit areas (HQTA), which are described as generally walkable transit districts or
corridors that are within 0.5 mile of a major transit stop or a transit corridor with 15-minute or
less service frequency during peak commute hours. Exhibit 5.1 of the 2016 RTP/SCS identifies
the Project Sites as being located a High Quality Transit Area (HQTA), an area proposed for the
focus of new housing or jobs. The 2016 RTP/SCS also contains baseline socioeconomic
projections that are used as the basis for SCAG’s regional planning, and the provision of services
by other regional agencies.
Airport Environs Land Use Plan for John Wayne Airport
The Airport Land Use Commission (ALUC) of Orange County amended the Airport Environs
Land Use Plan (AELUP) for John Wayne Airport (JWA) on April 17, 2008, which was originally
adopted in 1975. The AELUP is a land use compatibility plan intends to safeguard the general
welfare of the inhabitants within the vicinity of the airport and to ensure the continued operation
of the airport. Specifically, the plan seeks to protect the public from the adverse effects of aircraft
noise, to ensure that people and facilities are not concentrated in areas susceptible to aircraft
accidents, and to ensure that no structures or activities adversely affect navigable airspace. Using
noise contours, accident potential zones, and building height the AELUP identifies development
standards in the airport planning area. Authorized under state law, the ALUC is authorized to
assist local agencies in assuring compatible land uses in the vicinity of airports. Unlike local
governments, the ALUC is not an implementing agency, and do not issue permits for a project
such as those required by local governments. Pursuant to California Public Utilities Code Section
21676, however, local governments are required to submit all general plan amendments and zone
changes that occur in the ALUC planning areas for consistency review to the ALUC. A local
government may override the ALUC decision by a two-thirds vote of its governing body, if such
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an amendment or change is deemed inconsistent with the ALUC plan. However, the local
government must make specific findings that the proposed action is consistent with the purposes
stated in Section 21670(a)(2) of the Public Utilities Code: “to protect public health, safety, and
welfare by ensuring the orderly expansion of airports and the adoption of land use measures that
minimize the public’s exposure to excessive noise and safety hazards in areas around public
airports to the extent that these areas are not already devoted to incompatible uses.”
The Project is approximately 3.3-miles southwest of the JWA, and the Project Site is located
within the boundaries of the AELUP for JWA, as illustrated in Figure 1 of the AELUP. As shown
in Figure S5 of the City’s General Plan Safety Element, JWA Clear Zone/Runway Protection
Zones and Accident Potential Zones, the Project Site is not located within any designated airport
Safety Compatibility Zones. Additionally, no portion of the Project Site falls within the future 60-
dBA CNEL aircraft operation noise contours for JWA, as shown in Figure N4, Future Noise
Contours, of the Newport Beach General Plan Noise Element. The Project’s consistency with
applicable AELUP land use policies is provided under Impact Analysis below.
Local
City of Newport Beach
The City of Newport Beach General Plan guides development of all land in the City of Newport
Beach. On July 25, 2006, the Newport Beach General Plan was approved by the City Council.
Increased housing opportunities and a citywide reduction in allowed nonresidential building
intensity were approved by voters in accordance with City Charter Section 423 on November 7,
2006. Pursuant to City Charter Section 423, as the General Plan Update involved exceedance of
specific development thresholds that were in effect at the time, voter approval was also required
and occurred on November 7, 2006.
The 2006 General Plan consists of a series of state-mandated and optional elements to direct the
city’s physical, social, and economic growth. Elements in the City of Newport Beach General
Plan include land use, harbor and bay, housing, historical resources, circulation, recreation, arts
and cultural, natural resources, safety, and noise. Policies in each of the elements that are relevant
to the Project are listed in Table 5.9-1, General Plan Consistency Analysis (see Impact 3.10-1).
The Project’s consistency with applicable policies of these elements is analyzed in Table 3.10-1.
Land Use Element
The Land Use Element provides guidance regarding the ultimate pattern of development for
Newport Beach at build-out. As such, it is based on and correlates the policies from all elements
into a set of coherent development policies, which serve as the central organizing element for the
General Plan as a whole. Policies for the conservation of natural resources and protection of
residents and businesses from the risks of hazards are reflected in the distribution and densities of
uses. Cumulatively, the Land Use Element’s policies directly affect the establishment and
maintenance of the neighborhoods, districts, corridors, and open spaces that distinguish and
contribute to Newport Beach’s livability, vitality, and image. Polices related to urban form are
also contained in the Land Use Element. Policies relevant to the Project with regard to land use
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and planning, as well as an analysis of the project’s consistency with these polices, are provided
below under Impact Analysis.
Harbor and Bay Element
The goals and policies pertaining to harbor issues guide the content of regulations related to
development and activities on the water. Additional goals and policies recognize the important
component of land use decisions related to waterfront property around Newport Harbor. The aim
of harbor and bay goals and policies is to preserve the diversity and charm of existing uses
without unduly restricting the rights of the waterfront property owner. Goals and policies in this
element have been organized to address both water- and land-related issues, provision of public
access, water quality and environmental issues, visual characteristics, and the administration of
the harbor and bay. Section 3.9, Hydrology and Water Quality, of this DEIR contains additional
information about water quality in Newport Beach.
Housing Element
The Housing Element details the City’s strategy for enhancing and preserving the community’s
character, identifies strategies for expanding housing opportunities and services for all household
types and income groups, and provides the primary policy guidance for local decision-making
related to housing. The Housing Element provides in-depth analysis of the City’s population,
economic, and housing stock characteristics as well as a comprehensive evaluation of programs
and regulations related to housing. Through this evaluation and analysis, the City has identified
priority goals, polices, and programs that directly address the housing needs of current and future
City residents.
The City completed a comprehensive update of its General Plan in 2006. Through the General
Plan update process, several key areas in the City were identified as ideal locations for future
housing opportunities. Key sites for future development include the Airport Area, Newport
Center, Banning Ranch, Newport Mesa and the Balboa Peninsula area. The comprehensive
Zoning Code Update, completed in October, 2010, implements many of the land use changes
included in the 2006 General Plan update.
The 2014–2021 Housing Element is an update and revision of the 2008-2014 Housing Element
and consists of new technical data and updated policies and programs. The land use opportunity
areas developed as part of the 2006 General Plan update have remained the same. This Housing
Element also addresses meeting the Regional Housing Needs Allocation (RHNA) for the
projection period of January 1, 2014, through October 31, 2021, and is consistent with recent
revisions to State Housing Element Law. Section 3.12, Population and Housing, of this DEIR
contains additional information about population and housing
Historical Resources Element
The Historic Resources Element addresses the protection and sustainability of Newport Beach’s
historic and paleontological resources. Goals and policies presented within this element are
intended to recognize, maintain, and protect the community’s unique historical, cultural, and
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archeological sites and structures. Preserving and maintaining these resources helps to create an
awareness and appreciation of the City’s rich history.
Circulation Element
The Circulation Element governs the long term mobility system of the City of Newport Beach.
The goals and policies in this element are closely correlated with the Land Use Element and are
intended to provide the best possible balance between the City’s future growth and land use
development, roadway size, traffic service levels and community character. The Circulation
Element is also consistent with the Transportation Demand Management Ordinance and the Local
Coastal Program.
Recreation Element
The primary purpose of the Recreation Element is to ensure that the balance between the
provision of sufficient parks and recreation facilities are appropriate for the residential and
business population of Newport Beach. Specific recreational issues and policies contained in this
Recreation Element include: parks and recreation facilities, recreation programs, shared facilities,
coastal recreation and support facilities, marine recreation, and public access.
Arts and Cultural Element
The goals and policies of the Arts and Culture Element are intended to be a guide for meeting the
future cultural needs of the community. Future challenges in Newport Beach require maximizing
the community’s cultural arts potential by coordinating with various community groups,
businesses, agencies, citizens and the City to create an active and cohesive cultural and arts
programs. The Arts and Cultural Element is intended to serve as a mechanism for integrating
these resources in order to provide improved and expanded arts and cultural facilities and
programs to the community.
Natural Resources Element
The primary objective of the Natural Resources Element is to provide direction regarding the
conservation, development, and utilization of natural resources. It identifies Newport Beach’s
natural resources and policies for their preservation, development, and wise use. The Natural
Resources Element specifically addresses: water supply (as a resource) and water quality
(includes bay and ocean quality, and potable drinking water), air quality, terrestrial and marine
biological resources, open space, archaeological and paleontological resources, mineral resources,
visual resources, and energy.
Safety Element
The primary goal of the Safety Element is to reduce the potential risk of death, injuries, property
damage, and economic and social dislocation resulting from natural and human-induced hazards.
The Safety Element recognizes and responds to public health and safety risks that could cause
exposure to the residents of Newport Beach. Implementation of city, county, and state emergency
response and mutual aid plans will enable the community to avert or minimize impacts to the
extent practical and feasible, as well as allow restoration of the City in a timely manner after an
event.
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The Safety Element specifically addresses coastal hazards, geologic hazards, seismic hazards,
flood hazards, wildland and urban fire hazards, hazardous materials, aviation hazards, and
disaster planning. The type and location of hazards have been identified in this element, as well as
policies and programs to minimize impacts.
Noise Element
The Noise Element identifies noise sensitive land uses and noise sources, and defines areas of
noise impact for the purpose of developing policies to insure that Newport Beach residents will
be protected from excessive noise intrusion. The Noise Element follows the revised state
guidelines in Section 46050.1 of the Health and Safety Code. The element quantifies the
community noise environment in terms of noise exposure contours for both near and long-term
levels of growth and traffic activity. The information contained in the Noise Element provides the
framework to achieve compatible land uses and provide baseline levels and noise source
identification for local noise ordinance enforcement.
Newport Beach Local Coastal Program
The California Coastal Act (California State Public Resources Code, Division 20, Sections 30000
et seq.) directs each local government lying wholly or partly within the Coastal Zone, as defined
by the Coastal Act, to prepare a Local Coastal Program (LCP) for its portion of the Coastal Zone.
Local Coastal Programs are used by local governments to carry out the policies and requirements
of the Coastal Act. Local Coastal Programs must be reviewed and certified by the California
Coastal Commission before being implemented by a local government.
The Local Coastal Program is divided into two components: a coastal land use plan (CLUP) and
an Implementation Program. The CLUP provides a technical synopsis of the resources located
within the Coastal Zone and discusses resources in the context of a coastal zone overview;
subarea description and land use plan; shoreline and coastal resource access; public recreational
and visitor serving commercial facilities; visual resources; historic and cultural resources; water
and marine resources; environmentally sensitive habitat; energy facilities; water, sewer and
drainage facilities; and hazards. Issues, goals, objectives, and policies related to each of these
areas are also provided. The City’s Coastal Land Use Plan (CLUP) component of its Local
Coastal Program (LCP) was first approved by the Coastal Commission on October13, 2005, and
was adopted on December 13, 2005. The Coastal Commission last amended on February 5, 2009,
and was adopted by the City on July 14, 2009. The Implementation Program provides the
mechanism to implement each of the identified policies. The California Coastal Commission
approved the Local Coastal Implementation Plan on September 8, 2016. City Council approval
was on November 22, 2016, which went into effect on January 30, 2017.
The Coastal Land Use Plan was derived from the Land Use Element of the General Plan and is
intended to identify the distribution of land uses in the coastal zone. Because the 2006 City of
Newport Beach General Plan was prepared in consideration of the CLUP approved in 2005, many
of the CLUP policies were directly incorporated into the General Plan Land Use, Natural
Resources, Recreation, and Public Safety Elements. The CLUP organizes the coastal resources
planning and management policies under the following chapters: Chapter 2 – Land Use and
3. Environmental Setting, Impacts and Mitigation Measures
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Development, Chapter 3 – Public Access and Recreation, and Chapter 4 – Coastal Resource
Protection. A brief summary of these CLUP components and their relationship to the project site
is provided below. Policies of the CLUP applicable to the Project, as well an analysis of the
Project’s consistency with these policies, are provided below under Impact Analysis.
Chapter 2: Land Use and Development
Chapter 2 of the CLUP was derived from the Land Use Element of the City's General Plan and is
intended to identify the distribution of land uses in the Coastal Zone. It provides the Land Use
Map, discusses the Coastal Development Review process, and identifies specific policies by
development category. The Coastal Land Use Plan Map designates the project site as PR (Parks
and Recreation). The PR category applies to land used or proposed for active public or private
recreational use. Permitted uses include parks (both active and passive), golf courses, marina
support facilities, aquatic facilities, tennis clubs and courts, private recreation, and similar
facilities.
Chapter 3: Public Access and Recreation
Chapter 3 of the CLUP identifies two basic types of public access: vertical access (or access
down to the shoreline or bayfront) and lateral access (or access along the shoreline or bayfront).
The City has developed an extensive system of access to ocean beaches and the bay. Virtually all
of the Pacific Ocean shoreline beaches are public and Newport Bay is accessible via public
beaches, parks, shoreline trails, walkways and boardwalks. The City requires all new
development that cause or contributes to adverse public access impacts to provide easements or
dedications in areas where public access is inadequate. The project site is located in Newport
Dunes, and as such is subject to the City’s public access and recreation requirements.
Chapter 4: Coastal Resource Protection
Chapter 4 of the CLUP addresses coastal resource protection with respect to biological resources,
wetlands and deepwater areas, water quality, scenic and visual resources, and paleontological and
cultural resources. These issues, as they are applicable to the Project, are addressed in Section 3.1,
Aesthetics, Section 3.3, Biological Resources, Section 3.4, Cultural Resources, and Section 3.9,
Hydrology and Water Quality, of this Draft EIR.
City of Newport Beach Municipal Code
Title 20, Planning and Zoning, of the Newport Beach Municipal Code (NBMC), otherwise known
as the Newport Beach Zoning Code (Zoning Code), is the primary tool for implementing the
City’s General Plan. It provides development standards (i.e., setbacks, building height, site
coverage, parking, and sign requirements). In addition to guiding the uses, designs, and
improvements of development projects, the Zoning Code provides detailed guidance for private
development based on, and consistent with, the land use policies established in the General Plan.
As a tool for implementing the General Plan for specific development projects within specified
Planned Community (PC) zoning districts in the City, the City utilizes the Planned Community
Development Plan (PCDP). The PCDP for a specified project site is prepared on a project‐by‐
project basis to implement the General Plan in a manner that responds to site‐specific conditions
and constraints, but that still meets the intent of the applicable land use designations for the
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property. There is not currently a PCDP for the Newport Dunes area. As part of the Project, a
PCDP will be prepared and will require approval from City Council.
3.10.3 Thresholds of Significance
In accordance with Appendix G of the State CEQA Guidelines, the project could have a
significant impact on land use and planning if it would:
Physically divide an established community (see Chapter 5, Other CEQA Considerations,
Section 5.1, Effects Found not to be Significant, of this Draft EIR).
Cause a significant environmental impact due to a conflict with any land use plan, policy, or
regulation adopted for the purpose of avoiding or mitigating an environmental effect (see
Impact 3.10-1).
3.10.4 Methodology
The analysis of land use impacts evaluates the potential of the Project to cause a division of an
established community and whether the Project would be consistent with adopted plans, policies
and ordinances. The analysis is based on a review of aerial photographs, land use maps, and a
review of applicable plans and policies.
The evaluation of impacts regarding established communities identifies the existing land use
patterns and character of neighborhood divisions in the Project vicinity, the nature of proposed
changes within the Project Site and the Project Design Features that contribute to enhancement of
the relationship between the Project and its surroundings. The post-Project setting is compared to
pre-Project conditions to determine whether the Project would cause a division in the relationship
between uses surrounding the Project Site. An evaluation of the project’s impacts to established
communities can be found in Appendix A, Initial Study/Notice of Preparation, and Chapter 5,
Other CEQA Considerations, of this Draft EIR.
The State CEQA Guidelines Section 15125(d) requires that an EIR discuss project inconsistencies
with applicable general plans, specific plans, and regional plans. For purposes of this analysis, the
Project is considered consistent with regulatory plans if it meets the general intent of the plans
and/or would not preclude the attainment of their primary goals. The rule of general plan
consistency is that the project must at least be compatible with the objectives and policies of the
general plan. (Sequoyah Hills Homeowners Assn. v. City of Oakland (1993) 23 Cal.App.4th 704,
717–718 [29 Cal. Rptr. 2d 182] (Sequoyah Hills); Friends of Lagoon Valley, supra, 154
Cal.App.4th at p. 817.) “[S]tate law does not require precise conformity of a proposed project
with the land use designation for a site, or an exact match between the project and the applicable
general plan. Instead, a finding of consistency requires only that the proposed project be
‘compatible with the objectives, polices, general land uses, and programs specified in’ the
applicable plan. The courts have interpreted this provision as requiring that a project be ‘“in
agreement or harmony with”’ the terms of the applicable plan, not in rigid conformity with every
detail thereof.” (San Franciscans Upholding the Downtown Plan v. City and County of San
Francisco (2002) 102 Cal.App.4th 656, 678 [125 Cal. Rptr. 2d 745] (San Franciscans).) To
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reiterate, the essential question is “whether the project is compatible with, and does not frustrate,
the general plan's goals and policies.” (Napa Citizens, supra, 91 Cal.App.4th at p. 378.)
Under CEQA, the criterion for determining significance with respect to a land use plan
emphasizes the creation of a significant environmental impact as a result of conflicts with plans
adopted for the purpose of avoiding or mitigating an environmental effect, recognizing that an
inconsistency with a plan, policy, or regulation does not necessarily equate to a significant
physical impact on the environment. The analysis of potential land use impacts of the Project
therefore considers consistency with adopted plans, regulations, and development guidelines that
regulate land use on the Project Site and whether any such inconsistencies are tied to physical
impacts on the environment associated with the Project. If a conflict is identified in association
with the Project, under CEQA, it would only equate to a significant impact if precluding
implementation of a given land use policy or regulation would foreseeably result in a physical
impact on the environment.1 Plan consistency with other environmental topics is addressed in
other sections of the Draft EIR, as applicable.
3.10.5 Impact Analysis
Conflict with Applicable Plans, Policies, or Regulations
Impact 3.10-1: The proposed project would not cause a significant environmental impact
due to a conflict with any land use plan, policy, or regulation adopted for the purpose of
avoiding or mitigating an environmental effect.
Project-Specific
The Project would construct an approximate 201,499 square-foot hotel with up to 275 rooms,
recreational areas and amenities, associated surface parking lots, and the installation of additional
landscaping and lighting at the Newport Dunes within the Newport Back Bay. The following
discussion analyzes the Project’s consistency with state, regional and local plans, policies, and
regulations
California Coastal Act
The California Coastal Act contains various policies that relate to land use and planning. An
analysis of the Project’s consistency with each of the applicable policies contained in the Coastal
Act is presented below in Table 3.10-1, California Coastal Act Consistency Analysis. As
indicated in Table 3.10‐1, the Project would not conflict with the applicable policies of the
Coastal Act with respect to land use and planning. As such, impacts in this regard would be less
than significant.
TABLE 3.10-1
CALIFORNIA COASTAL ACT CONSISTENCY ANALYSIS
Goal/Policy Analysis of Project Consistency
Consistent.
1 See Sequoyah Hills Homeowners Assoc. v. City of Oakland (1993) 23 Cal.App.4th 704, 719.
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Goal/Policy Analysis of Project Consistency
Consistent.
Consistent.
Consistent.
Consistent.
Consistent.
Consistent.
Consistent.
Consistent.
SCAG’s Regional Transportation/Sustainable Communities Strategy
SCAG’s 2016-2040 RTP/SCS incorporates a variety of goals, policies and strategies that are
applicable to the Project. Table 3.10-2, Project Consistency with the Applicable Goals of the
2016 - 2040 RTP/SCS, provides a comparison of the Project’s characteristics to the RTP/SCS
goals. As indicated in Table 3.10-2 the Project would be consistent with and supportive of
SCAGs goals for land use development.
TABLE 3.10-2
PROJECT CONSISTENCY WITH APPLICABLE GOALS OF THE
2016 - 2040 RTP/SCS
Goal/Policy Analysis of Project Consistency
Consistent.
Consistent.
Consistent.
Consistent.
Consistent.
Consistent.
Consistent.
Consistent.
Consistent.
Airport Environs Land Use Plan for John Wayne Airport
The AELUP is a land use compatibility plan intends to safeguard the general welfare of the
inhabitants within the vicinity of the airport and to ensure the continued operation of the airport.
Specifically, the plan seeks to protect the public from the adverse effects of aircraft noise, to
ensure that people and facilities are not concentrated in areas susceptible to aircraft accidents, and
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to ensure that no structures or activities adversely affect navigable airspace. Using noise contours,
accident potential zones, and building height the AELUP identifies development standards in the
airport planning area.
As discussed above under Environmental Setting, the Project Site is over three miles south‐
southwest of JWA, which is located within the boundaries of the AELUP for JWA, and,
therefore, subject to the provisions contained therein. However, as represented in Figure S5 of the
City’s General Plan Safety Element, JWA Clear Zone/Runway Protection Zones and Accidental
Potential Zones, the Project Site is not located within any designated airport safety Compatibility
Zones. Additionally, no portion of the project falls within the future 60-dBA CNEL aircraft
operation noise contours for JWA, as show in Figure N4, Future Noise Contours, of the General
Plan Noise Element.
As the Project Site is located outside of any designated airport Safety Compatibility Zones,
outside the 60-dBA airport noise contour, would be consistent with the 38.5-foot height limit set
forth in the 1983 Settlement Agreement entered between the City of Newport Beach and the
County of Orange the Project would be consistent with the AELUP noise standards, standards
and operations, and building height restrictions. Consistency with the AELUP is also provided in
Sections 3.8, Hazards and Hazardous Materials, and 3.11, Noise, of this Draft EIR. Additionally,
because the Project would require the adoption of the Newport Dunes PDCP, a consistency
determination by ALUC is required prior to the Newport beach City Council taking action on the
Project. The Project has not yet been before the ALUC for a determination of consistency. If the
ALUC determines that the project is not consistent with the AELUP, the Newport Beach City
Council may override this finding by a two-third vote. If an override is made, a significant
unavoidable impact would result and a Statement of Overriding Considerations would be required
to be made by the City Council at the time action on the project is taken. However, given the
reasons stated above, the Project is not expected to be found inconsistent with the AELUP, and
impacts would be less than significant.
City of Newport Beach General Plan
The City of Newport Beach General Plan incorporates a variety of goals, policies and strategies
that are applicable to the Project. Table 3.10-3, Project Consistency with the Applicable Goals of
the City of Newport Beach General Plan, provides a comparison of the Project’s characteristics to
the General Plan goals. As indicated in Table 3.10-3 the Project would be consistent with and
supportive of the City’s goals for land use development.
TABLE 3.10-3
PROJECT CONSISTENCY WITH APPLICABLE GOALS OF THE
CITY OF NEWPORT BEACH GENERAL PLAN
Goal Analysis of Project Consistency
Consistent.
Consistent.
Consistent.
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Goal Analysis of Project Consistency
Consistent.
Consistent.
Consistent.
Consistent.
Consistent.
Consistent.
City of Newport Beach Local Coastal Program
The Project involves a number of legislative approvals including a proposed concept and
amendment to the Coastal Development Permit (CDP) 5-83-962. However, upon approval of the
requested amendments the Project would be in compliance with the use, intensity, and density
requirements of the _____________ land use designation. In addition, Table 3.10-4, Coastal
Land Use Plan Consistency Analysis, below, evaluates the Project’s consistency with the
applicable policies of the City’s CLUP. As shown in Table 3.10-4, the Project would not conflict
with the relevant policies of the City’s CLUP and as such impacts in this regard would be less
than significant.
TABLE 3.10-4
COASTAL LAND USE PLAN CONSISTENCY ANALYSIS
Goal Analysis of Project Consistency
Consistent.
Consistent.
Consistent.
Consistent.
Consistent.
Consistent.
Consistent.
Consistent.
Consistent.
City of Newport Beach Municipal Code
The Project is designated Planned Community-48 (PC-48) Newport Dunes. According to the
City’s Municipal Code, the PC Zoning District is intended to provide for areas appropriate for the
development of coordinated, comprehensive projects that result in a superior environment; to
allow diversification of land uses as they relate to each other in a physical and environmental
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arrangement while maintaining the spirit and intent of this Zoning Code; and to include a variety
of land uses, consistent with the General Plan, through the adoption of a development plan and
related text that provides land use relationships and associated development standards.
As stated above, as a tool for implementing the General Plan for specific development projects
within specified Planned Community (PC) zoning districts in the City, the City utilizes the
Planned Community Development Plan (PCDP). The PCDP for a specified project site is
prepared on a project‐by‐project basis to implement the General Plan in a manner that responds to
site‐specific conditions and constraints, but that still meets the intent of the applicable land use
designations for the property. There is not currently a PCDP for the Newport Dunes area. As part
of the Project, a PCDP will be prepared and will require approval from City Council. With
approval, the Project would be consistent with the City’s Municipal code, therefore, no impact
would occur.
Cumulative
As cumulative growth occurs within the jurisdictions in the project vicinity, there may not be
consistency with all goals and policies of the appropriate jurisdiction thus resulting in potential
environmental effects. As each cumulative project is implemented, an evaluation of the related
project’s consistency with the goals and policies of the appropriate jurisdiction would occur.
Appropriate measures are implemented to reduce potential environmental effects due to
inconsistency determinations. As a result, implementation of cumulative growth could result in
significant environmental effects from inconsistency with applicable goals and policies. The
Project’s consistency with relevant goals and policies was evaluated. As identified above, the
Project would be consistent with the applicable goals and policies of the California Coastal Act,
SCAG’s 2016-2040 RTP/SCS, the AELUP, the City’s General Plan, the City’s Local Coastal
Program, and the City’s Municipal Code [Note: Need to confirm.]. Therefore, the
implementation of the Project would not result in cumulatively considerable effects related to
applicable goals and policies.
Mitigation Measures
Project-Specific
No mitigation measures are required.
Cumulative
No mitigation measures are required.
Significance Determination
Project-Specific
Determination. Less than Significant.
Cumulative
Determination. Less than Significant.
Commented [LM1]: Analysis forthcoming
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3.10.6 References
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3.12 Population and Housing
Introduction
This section analyzes the potential effects of the Project’s contribution to population, housing and
employment impacts within the geographical boundaries of the City of Newport Beach (City),
taking into account population and housing policies established in the City of Newport Beach
General Plan (General Plan). Project effects on these demographic characteristics are compared
to adopted regional growth forecasts and relevant policies and programs regarding planning for
future development. Potential growth-inducing impacts of the Project are further addressed in
Chapter 5, Other CEQA Considerations, of this Draft EIR.
3.12.1 Environmental Setting
Population
The population of Newport Beach and Orange County (for comparison purposes) from the 2000
and 2010 US Censuses and the US Census Bureau’s Annual Estimates of the Resident
Population: April 1, 2010 to July 1, 2018 are shown in Table 5.12-1. Note that the population
growth percentage in Newport Beach between 2000 and 2018—21.8 percent—was substantially
more than the corresponding growth rate for Orange County—11.9 percent.
TABLE 5.12-1
CITY OF NEWPORT BEACH AND ORANGE COUNTY POPULATION, 2000-2018
2000 2010 2018 Change
2000-2018
Percent Change,
2000-2018
City of Newport Beach 70,032 85,186 85,326 15,294 21.8%
Orange County 2,846,289 3,010,232 3,185,968 339,679 11.9%
SOURCE: US Census 2000a, 2000b, 2010a, 2010b, 2018a, 2018b
Population Forecast
SCAG is able to generate regional growth forecasts for counties and their cities taking into
account a combination of recent and past trends, technical assumptions, and local or regional
growth policies. Table 5.12-2 shows SCAG’s growth forecast for Newport Beach and Orange
County compared to 2010 US Census populations. SCAG’s forecast shows the City growing at a
slower pace than the rest of Orange County, and is forecasted to grow much slower between 2010
and 2040 than it did between 2000 and 2017 (see Table 5.12-1).
TABLE 5.12-2
POPULATION FORECAST, CITY OF NEWPORT BEACH AND ORANGE COUNTY
2010 2012 2040 Change
2010-2040
Percent Change,
2010-2040
City of Newport Beach 85,186 86,300 92,700 7,514 8.8%
Orange County 3,010,232 3,071,600 3,461,500 451,268 15%
SOURCE: US Census 2010a, 2010b and SCAG 2016
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Housing
Estimated available housing, including unit type characteristics, in Newport Beach and Orange
County is detailed in Table 5.12-3. Based on the vacancy rate, the city and county have
approximately 38,749 and 1,037,173 households, respectively.
TABLE 5.12-3
HOUSING UNITS, CITY OF NEWPORT BEACH AND ORANGE COUNTY, 2018
Housing Unit Type City of Newport Beach Orange County
Single Family Detached 20,141 550,563
Single Family Attached 7,010 130,804
Multi-Family 16,399 379,297
Mobile Homes 1,120 33,505
Total 44,670 1,094,169
Average Household Size 2.2 3.1
Vacancy Rate 13.3% 5.2%
Households 38,749 1,037,173
SOURCE: SCAG 2019a, 2019b
Regional Housing Needs Assessment (RHNA)
The RHNA is mandated by state housing law as part of the periodic process of updating housing
elements of local general plans. State law requires that housing elements identify RHNA targets
set by HCD to encourage each jurisdiction in the state to provide its fair share of very low, low,
moderate, and upper income housing. State law does not require the City to build housing; rather,
it requires cities and counties to adopt zoning regulations and standards that provide the
opportunity for housing development. The RHNA does not promote growth, but provides a long-
term outline for housing in the context of local and regional trends and housing production goals.
SCAG determines total housing need for each community in southern California based on three
general factors: 1) the number of housing units needed to accommodate future population and
employment growth; 2) the number of additional units needed to allow for housing vacancies; and
3) the number of very low, low, moderate, and above moderate income units needed in the
community. Additional factors used to determine the RHNA include tenure, the average rate of
units needed to replace housing units demolished, and other factors.
The City of Newport Beach’s RHNA allocation for the 2014–2021 period is shown in Table 5.12-
4. The City is required to ensure that sufficient sites planned and zoned for housing are available
to accommodate its need and to implement proactive programs that facilitate and encourage the
production of housing commensurate with its housing needs.
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TABLE 5.12-4
CITY OF NEWPORT BEACH RHNA ALLOCATION, 2014-2021
Houshold Income Category Target Units
Very Low Income 1
Low Income 1
Moderate Income 1
Above Moderate Income 2
Total 5
SOURCE: SCAG 2012
Household Forecast
SCAG forecasts that the number of households in Newport Beach will increase by 2,900 between
2012 and 2040, as shown in Table 5.12-5. Household forecasts for Orange County are provided
as a comparison; the county is forecast to grow much faster than Newport Beach.
TABLE 5.12-5
HOUSEHOLD FORECAST, CITY OF NEWPORT BEACH AND ORANGE COUNTY
2012 2040 Change
2010-2040
Percent Change,
2010-2040
City of Newport Beach 38,800 41,700 2,900 7.5%
Orange County 999,500 1,152,300 152,800 15.3%
SOURCE: SCAG 2016
The Project Site does not have any housing on site.
Employment
Based on the US Census’s 2013-2017 American Community Survey 5-Year Estimate, there are
43,305 workers in the City of Newport Beach and 1,560,997 workers in Orange County (US
Census 2017a and 2017b).
Employment Projections
SCAG employment projections for Newport Beach and Orange County are shown in Table 5.12-
6. As shown, the overall county is projected to increase employment significantly by 2040.
TABLE 5.12-6
EMPLOYMENT PROJECTIONS, CITY OF NEWPORT BEACH AND ORANGE COUNTY
2012 2040 Change
2010-2040
Percent Change,
2010-2040
City of Newport Beach 76,000 79,100 3,100 4.1%
Orange County 1,526,500 1,898,900 372,400 24.4%
SOURCE: SCAG 2016
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The Bayside Family Resort Hotel is estimated to employ about 93 permanent employees.
Jobs-Housing Balance
A major focus of SCAG’s regional planning efforts has been to improve this balance. SCAG
applies the jobs-housing ratio at the regional and subregional levels to analyze the fit between
jobs, housing, and infrastructure. Jobs-housing goals and ratios are advisory only. No ideal jobs-
housing ratio is adopted in state, regional, or city policies. Communities with more than 1.5 jobs
per dwelling unit are considered jobs-rich and those with fewer than 1.50 jobs per dwelling unit
are considered housing-rich.
As show in Table 5.12-7, the jobs-housing balance in Newport Beach is forecast to slightly
decrease between 2012 and 2040, from 1.96 to 1.90, and remain jobs-rich. The jobs-housing
balance in Orange County is estimated to increase from 1.53 to 1.65 during the same period and
would maintain a healthy ratio.
TABLE 5.12-7
JOBS-HOUSING BALANCE, CITY OF NEWPORT BEACH AND ORANGE COUNTY
Year Employment Households Jobs-Housing
Ratio
City of Newport Beach
2012 76,000 38,800 1.96
2040 79,100 41,700 1.90
Orange County
2012 1,526,500 999,500 1.53
2040 1,898,900 1,152,300 1.65
SOURCE: SCAG 2016
3.12.2 Regulatory Setting
State
California Housing Element Law
State law mandates local communities to plan for housing to meet projected growth in California.
California Government Code Article 10.6, Sections 65580–65590, requires each county and city
to prepare a housing element of its general plan. The purpose of the housing element is to identify
the community’s housing needs; state the community’s goals and objectives with regard to
housing production, rehabilitation, and conservation to meet those needs; and define the policies
and programs that the community will implement to achieve the stated goals and objectives.
State law also requires that jurisdictions provide their fair share of regional housing needs. The
California Department of Housing and Community Development (HCD) is mandated to
determine the statewide housing need.
Housing Accountability Act
The Housing Accountability Act (HAA) requires that cities approve applications for residential
development that are consistent with a city’s General Plan and Zoning Code development
standards without reducing the proposed density. Examples of objective standards are those that
are measurable and have clear criteria that are determined in advance, such as numerical setback,
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height limit, universal design, lot coverage requirement, or parking requirement. Under the HAA,
an applicant is entitled to the full density allowed by the zoning and/or General Plan provided the
project complies with all objective General Plan, zoning, and subdivision standards and provided
that the full density proposed does not result in a specific, adverse impact on public health and
safety and cannot be mitigated in any other way.
Amendment to the Housing Accountability Act (AB 678)
AB 678 amends the HAA by increasing the documentation necessary and the standard of proof
required for a local agency to legally defend its denial of low-to-moderate-income housing
development projects. This bill, if the local agency considers the housing development project to
be inconsistent, not in compliance, or not in conformity, would require the local agency to
provide the applicant with written documentation identifying the provision or provisions, and an
explanation of the reason or reasons it considers the housing development to be inconsistent, not
in compliance, or not in conformity within specified time periods. If the local agency fails to
provide this documentation, this bill would provide that the housing development project would
be deemed consistent, compliant, and in conformity with the applicable plan, program, policy,
ordinance, standard, requirement, or other similar provision.
Regional
Southern California Association of Governments Regional Housing Needs
Assessment
In cooperation with HCD, local governments and councils of government are charged with
determining the cities’ or region’s existing and projected housing needs as their share of the
statewide housing need. HCD prepares an initial housing needs assessment and then coordinates
with each Council of Government (COG), SCAG being the COG in which the Project is located.
The current Regional Housing Needs Assessment (RHNA) identifies housing needs in each
SCAG jurisdiction and allocates a fair share of that need to every community. The RHNA
represents the minimum number of housing units each community is required to provide
“adequate sites” to meet housing needs.
The City of Newport Beach’s RHNA, as presented in the Housing Element of the City of
Newport Beach General Plan, for the 2014–2021 planning period has been determined by SCAG
to be five housing units, one unit for very-low-income households, one unit for low-income
households, one unit for moderate-income households, and two units for above-moderate-income
households (SCAG 2012).
Southern California Association of Governments 2016–2040 Regional
Transportation Plan/Sustainable Communities Strategy
The SCAG 2016–2040 RTP/SCS is a long-range visioning plan that balances future mobility and
housing needs with economic, environmental, and public health goals. Additionally, the 2016–
2040 RTP/SCS plans for focusing new growth around transit, which is supported by the
following policies: identifying regional strategic areas for infill and investment; structuring the
RTP/SCS on centers development; developing “Complete Communities”; developing nodes on a
corridor; planning for additional housing and jobs near transit; planning for changing demand in
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types of housing; continuing to protect stable, existing single-family areas; ensuring adequate
access to open space and preservation of habitat; and incorporating local input and feedback into
future growth.
The SCAG 2016–2040 RTP/SCS also includes the policies and land use distribution to meet the
RHNA, which, as described above, is mandated by state housing law as part of the periodic
process of updating local housing elements of a general plan. The City uses the RHNA in land
use planning to prioritize local resource allocation, and in deciding how to address identified
existing and future housing needs resulting from population, employment, and household growth.
The 2016–2040 RTP/SCS does not necessarily encourage or promote growth, but instead allows
communities to anticipate growth, so that the region and subregion collectively can grow in ways
that enhance quality of life, improve access to jobs, promote transportation mobility, and address
social equity and fair-share housing needs.
As part of its planning effort, SCAG is tasked with providing demographic projections for use by
local jurisdictions and public service and utility agencies in determining future service demands.
Projections in the SCAG 2016–2040 RTP/SCS serve as a bases for evaluating development
consistency with expected growth projections. SCAG data is periodically updated to reflect
changes in development activity and provisions of local jurisdictions (e.g., zoning changes).
Through these updates, public agencies have advance information regarding changes in growth
that must be addressed in planning for their provision of services. Changes in the growth rates are
reflected in the new projections for service and utilities planning through the long-term time
horizon.
Local
City of Newport Beach Housing Element
Development of housing in the City of Newport Beach is guided by the goals, objectives, and
policies of the housing element. The 2014–2021 Housing Element is an update and revision of the
2008 element and consists of new technical data, revised goals, updated policies, and a series of
programs and implementing measures. The housing element is designed to facilitate attainment of
the City’s regional housing needs allocation and to foster the availability of housing affordable to
all income levels to the extent possible, given Newport Beach’s constraints. The housing element
includes policies aimed at ensuring that adequate housing is provided in Newport Beach. In
October 2013, HCD found the City’s 2013–2021 Housing Element consistent with state housing
element law.
3.12.3 Thresholds of Significance
In accordance with Appendix G of the CEQA Guidelines and the Los Angeles County CEQA
Checklist, the project could have a significant impact on population and housing if it would:
Induce substantial unplanned 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) (See Impact 3.12-1);
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Displace substantial numbers of existing people or housing, necessitating the construction of
replacement housing elsewhere (see Chapter 5, Other CEQA Considerations, Section 5.1,
Effects Found not to be Significant, of this Draft EIR).
3.12.4 Methodology
This section evaluates the contribution of the Project’s residents, housing units and employees to
growth within the City; and the potential for causing dislocation of existing population or
housing. The analysis of the impacts on growth compares the numbers of people, housing units
(households) and employees associated with the Project to the numbers anticipated within SCAG
projections and within the City of Newport Beach General Plan. Impacts related to development
growth were evaluated by identifying whether implementation of the Project would directly (for
example, by proposing new homes and businesses) or indirectly (for example, through extension
of roads or other infrastructure) cause growth not otherwise anticipated and planned for in a
manner that would result in physical impacts on the environment. The Project’s employment
opportunities were estimated by multiplying the number of proposed housing units by the average
household size in the City; and the number of employees was estimated by multiplying the
amount of employee generating uses (i.e., hotel, office and retail activities) by generation factors
associated with similar types of development.
3.12.5 Impact Analysis
The following impact analysis addresses thresholds of significance for which the Notice of
Preparation (Appendix A) disclosed potentially significant impacts.
Induce Population Growth
Impact 3.12-1: The proposed project would not induce substantial unplanned 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).
Project-Specific
Population
As represented in Table 5.12-2, according to SCAG projections the population of the City is
expected to increase by 7,514 residents between 2010 and 2040, and by 451,268 residents in the
County between the same years. The project would construct a 275 room “family-style” hotel
with ancillary facilities (e.g., meeting rooms, restaurant, coffee shop, spa or retail, business
center, and fitness facilities) and surface parking uses, and does not include any residential uses.
Over the project’s anticipated 24-month construction period, there would be approximately 95
workers. It is anticipated that the construction workforce would commute to the site from around
the region, and the number of workers expected to relocate to the City and County would not be
substantial, if any. The hotel would permanently employ approximately 93 individuals.
Conservatively, even if all 93 employees were to relocate from outside the City or County, the
Project would only contribute to 1.2 percent of the City’s projected population growth and
fraction of one percent of the County’s projected population growth. Additionally, there is no
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proposed expansion of infrastructure to support the Project. Therefore, the Project would be
within the projected population growth and impacts would be less than significant.
Housing
As represented in Table 5.12-4, the City’s 2014-2021 RHNA allocation is one very low income
household, one low income household, one moderate income household, and two above moderate
income households. As stated above, the Project would not include the construction of residential
uses, therefore the Project would not contribute meeting the City’s RHNA. As stated in Table
5.12-5, the City is projected to increase the number of households by 2,900 between 2010 and
2040. Over the project’s anticipated 24-month construction period, there would be approximately
95 workers. It is anticipated that the construction workforce would commute to the site from
around the region, and the number of workers expected to relocate to the City and County would
not be substantial, if any. The Project would require approximately 93 permanent employees,
which could contribute up to 3.2 percent of the household projections for the City. Therefore, the
Project would be within the projected housing growth and impacts would be less than significant.
Employment
As represented in Table 5.12-6, SCAG projects employment within the City to increase by 3,100
employees between 2010 and 2040, and projects employment within the County to increase by
372, 400 between the same years. The Project would add approximately 93 new jobs to the City
and County, which would be three percent and a fraction of one percent of the projected
employment growth, respectively. Over the project’s anticipated 24-month construction period,
there would be approximately 95 workers. It is anticipated that the construction workforce would
commute to the site from around the region, and the number of workers expected to relocate to
the City and County would not be substantial, if any. Therefore, the Project would be within the
projected employment growth and impacts would be less than significant.
Jobs-Housing Balance
As represented in Table 5.12-7, the City of Newport Beach and Orange County are considered to
be jobs-rich, and are projected to remain jobs-rich through 2040. The City is forecast to slightly
decrease between 2012 and 2040, from 1.96 to 1.90, however would remain jobs-rich. In 2012,
the County was considered to be fairly balanced with a jobs-housing ratio of 1.53, which is
projected to become more job rich by 2040 at a ratio of 1.65. The 95 workers anticipated during
the construction of the project are anticipated to commute from around the region, and the
number of workers expected to relocate to the City and County would not be substantial, if any.
The project would add 93 permanent employees to the City and County, and would support jobs-
housing balance projections. Therefore, the Project would be within the projected jobs-housing
balance projections and impacts would be less than significant.
Cumulative
The geographic context for an analysis of cumulative impacts would be the City of Newport and
the County of Orange, which represents the planning area and overall population, housing and job
projections as a whole. Past and present development projects have resulted in the population,
housing inventory and non-residential growth that creates jobs that currently exist within the City
and the County. These existing developments are within the SCAG population, housing and
3. Environmental Setting, Impacts and Mitigation Measures
3.10 Population and Housing
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employment projections for the City and the County. SCAG’s population and housing projections
are provided in Table 5.12-2 and 5.12-5. Employment projections for the jurisdictions in the
vicinity of the Project Site are provided in Table 5.12-6. As represented in Table 5.12-7, the City of
Newport Beach and Orange County are considered to be jobs-rich, and are projected to remain
jobs-rich through 2040. Therefore, cumulative development which is represented within the
growth projections provided by SCAG, would result in less than significant growth inducement
impacts in the project vicinity. Furthermore, the implementation of the Project would result in
less than cumulatively considerable growth inducement impacts.
Mitigation Measures
Project-Specific
No mitigation is required.
Cumulative
No mitigation is required.
Significance Determination
Project-Specific
Determination. Less Than Significant.
Cumulative
Determination. Less than Significant.
_________________________
3.12.6 References
Southern California Association of Governments (SCAG), 2012. 5th Cycle Regional Housing
Needs Assessment Final Allocation Plan, 1/1/2014 – 10/1/2021. Available at:
http://www.scag.ca.gov/Documents/5thCyclePFinalRHNAplan.pdf, accessed October 25,
2019.
3. Environmental Setting, Impacts and Mitigation Measures
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3.13 Public Services
Introduction
This section describes and evaluates potential adverse physical environmental impacts related to
public services that could result from implementation of the Project. Public services analyzed
within this section include fire protection, police protection, schools, parks and recreation, and
libraries. This section contains: (1) a description of the existing environmental setting for public
services; (2) a summary of the regulations related to public services; and (3) an analysis that
addresses whether potential impacts to public services would require the need for new or
physically altered facilities, the construction of which could cause significant environmental
impacts, in order to maintain acceptable service ratios, response times, or other performance
objectives.
Comments received in response to the Notice of Preparation (NOP) for the Draft EIR regarding
public services can be found in Appendix A, of this Draft EIR. Any applicable issues and
concerns regarding potential impacts related to public services as a result of implementation of
the Project are analyzed within this section.
The analysis is based, in part, on information provided by the City of Newport Beach Fire
Department (NBFD), the City of Newport Beach Police Department (NBPD), Newport-Mesa
Unified School District (NMUSD), the City of Newport Beach Recreation and Senior Services
Department (Recreation Department), and the City of Newport Beach Central Library (Central
Library). The information provided by the public service providers is contained in Appendix _, of
this Draft EIR.
3.13.1 Environmental Setting
Fire Protection
XXX
Police Protection
XXX
Schools
XXX
Parks and Recreation
Throughout its history, the City of Newport Beach (City) has been a major marine recreational
center with over eight miles of sandy beaches that provide opportunities for sunbathing,
volleyball, swimming, surfing, windsurfing and other recreational activities. The public beaches
include snack bars, showers, drinking fountains, restrooms, walkways, docks, fire rings, portable
barbecues, benches, shade trees, and parking areas. Other coastal recreation opportunities include
the 800-foot Newport Pier, located at the end of Newport Boulevard (McFadden Place) in
3. Environmental Setting, Impacts and Mitigation Measures
3.13 Public Services and Recreation
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McFadden Square and the 950-foot Balboa Pier, located at the end of Main Street in Balboa
Village. The Newport Bay and Harbor are used for a wide variety of recreational activities
including boating, diving, excursions, fishing, kayaking, paddle boarding, parasailing, rowing,
sailing, swimming, and windsurfing. Additionally, the City provides ten public docks in the
harbor which can be used for boat launching and fishing. The Newport Aquatic Center property is
co-owned by the City and the County of Orange (County), but is leased and privately operated by
the Center. The Newport Aquatic Center, located on Northstar Beach, provides an opportunity for
the public and members to kayak and canoe in Upper Newport Bay as well as advanced training
facilities for world-class athletes (Newport Beach, 2006).
The County and the State of California (State) own four recreational areas within the City. The
privately operated, but co-owned by the City and County, 110-acre Newport Dunes Aquatic Park
provides opportunities for camping, boating, canoeing, kayaking, swimming, play areas for
children, movies on the beach, fine dining, and other water and beach activities. The Project Site
is located within the Newport Dunes on the Upper Newport Bay. The 752-acre Upper Newport
Bay State Marine Park (formerly Ecological Reserve) and the 140-acre Upper Newport Bay
Nature Preserve provide opportunities for canoeing, kayaking, horseback riding, biking, and
hiking. The Crystal Cove State Park also provides coastal recreation opportunities with 3.5 miles
of beach and 2,000 acres of undeveloped woodland which is popular for hiking and horseback
riding. Approximately 240 acres of the park is located within the City. Crystal Cove is used by
mountain bikers inland and scuba and skin divers underwater. The beach is popular with
swimmers and surfers and visitors can explore tide pools and sandy covers (Newport Beach,
2006).
The City’s parks contain a variety of recreational facilities, with areas available for organized
sports including soccer fields, baseball diamonds, tennis courts, volleyball courts, and basketball
courts. Recreational opportunities exist for children in many of the play areas in the City’s parks.
Swimming pools are available to the public at aquatic facilities at the Marian Bergeson Aquatic
Center and Newport Harbor High School through joint use agreements with the Newport-Mesa
Unified School District (NMUSD). Additional recreational resources in the City include
community centers, multipurpose recreation centers, a senior center, and two gymnasium
facilities. Jogging trails, pedestrian trails, recreation trails, regional equestrian trails, pedestrian
corridors, and bikeways are also available within the City. Bikeways within the City include
bicycle lanes, bicycle routes, bicycle trails, backbone bikeways, and secondary bikeways. Private
facilities, including yacht clubs, golf courses, and country clubs also serve the residents of the
City (Newport Beach, 2006).
The City has approximately 286.4 acres of developed parks and 90.4 acres of active beach
recreation for a combined total of 376.8 acres (Newport Beach, 2006) [Note to City: Please
provide updated park acreages]. The City’s parks range in size and type which include
community parks, mini parks, neighborhood parks, view parks, and sport parks. School facilities
also provide indoor and outdoor recreational opportunities in the City, while greenbelts and open
space areas provide passive recreational opportunities or open space relief. The City’s existing
ratio of developed parkland per resident on a Citywide basis is 4.8 acres per 1,000 residents
(Levin, 2020). The City’s recreational standards and acreage goals are 5 acres per 1,000 residents
3. Environmental Setting, Impacts and Mitigation Measures
3.13 Public Services and Recreation
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(Levin, 2020).
The City is divided into 12 service areas for the purposes of park planning and to equitable
administer parkland dedications and fees provided by residential development (Newport Beach,
2006). The Project Site is located in Service Area 9, Newport Center, which includes the Back
Bay View Park (Levin, 2020). There is a park surplus within this service area (Newport Beach,
2006). A number of parks and recreational facilities are also located within the vicinity of the
Project Site. The nearest park, Back Bay View Park, is located at 1900 Back Bay Drive across the
Newport Dunes approximately 0.35 miles southeast from the Project Site (Levin, 2020). The
Back Bay View Park, classified as a view park, is 10.49 acres in size and includes benches, bay
views, and a bike fixit station. According to the City, the current park capacity and level of use
for Back Bay View Park is adequate for the area (Levin, 2020). An existing walking trail within
the vicinity of the Project Site is the Back Bay Trail, which is located to the northeast along the
Upper Newport Bay. The Back Bay Trail, a 2.89-mile trail, is located along a paved road used
mostly by pedestrians and bicyclists and occasionally a car, but the speed limit is only 15 miles
per hour (mph). This trail includes scenic views of Upper Newport Bay and is popular for bird
watching (City of Newport Beach, 2020b). Table 3.13-1, Existing Newport Beach Parks and
Recreational Facilities Near the Project Site, below, provides parks and recreational facilities
located within 1.5 miles of the Project Site and a summary of their amenities/activities and
approximate distance/direction from the Project Site.
Existing bike facilities located within the vicinity of the Project Site include paved paths along
Mayflower Road through Back Bay View Park connecting to Back Bay Drive and from Back Bay
Drive through the Newport Dune Bridge to North Bayside Drive. Marked bike lanes are located
along East Coast Highway, Bayside Drive, Mayflower Road, and Back Bay Drive (City of
Newport Beach, 2020a).
3. Environmental Setting, Impacts and Mitigation Measures
3.13 Public Services and Recreation
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TABLE 3.13-1
EXISTING NEWPORT BEACH PARKS AND RECREATIONAL FACILITIES NEAR THE PROJECT SITE
Name Location Parks Amenities/Activities
Approximate
Distance/Direction from
Project Sitea
Newport Dunes 1131 Back Bay
Drive
bay view, benches, parking lot, play
equipment, restrooms, recreational vehicle
park, boat launching facilities, beach day
use, trail
0.25 miles southeast
Back Bay View Park 1900 Back Bay
Drive bay view, benches bike fixit station 0.35 miles southeast
Back Bay Trail N/A walking, bicycles, vehicles 0.35 miles northeast
Westcliff Park
Polaris Drive and
Morning Star
Lane
bay view, water fountains, parking lot 0.38 miles northwest
NewportAquatic
Center/Park
1 White Cliffs
Drive bay view, showers, restrooms, parking lot 0.58 miles northeast
North Star Beach
Park
1 White Cliffs
Drive beach area 0.51 miles northeast
Castaways Park 700 Dover Drive bay view, ocean view, benches, parking lot 0.60 miles northwest
Back Bay Trail N/A walking and bicycles 0.62 miles east
Bob Henry Park 900 Dover Drive
athletic field, 2 ball diamonds, play
equipment, 4 picnic tables, benches, water
fountains, restrooms, parking lot
0.67 miles northwest
Galaxy View Park 1398 Galaxy
Drive bay view, benches, water fountains 0.78 miles northeast
Ecological Reserve of
Upper Newport Bay
2482-2498
Mountains to the
Sea Trail &
Bikeway
wildlife viewing, fishing, hiking, Science
Center, kayaking, canoeing, birdwatching,
tidepool viewing, biking
0.86 miles northeast
Civic Center Park 100 Civic Center
Drive
walking trail, public art garden, ocean view
platforms, dog park, bird blind, picnic
tables, benches, restrooms, water
fountains, and parking
1.50 miles southeast
a Approximate distance/direction from Project Site in miles is a straight line distance, not a drive distance.
Sources: City of Newport Beach Website, Bike Facilities and Information,
https://www.newportbeachca.gov/government/departments/recreation-senior-services/bike-walking-trails/bike-facilities-information,
accessed July 6, 2020; City of Newport Beach Website, Parks and Facilities,
https://www.newportbeachca.gov/government/departments/recreation-senior-services/parks-and-facilities, accessed July 6, 2020; City
of Newport Beach Website, Walking Trails Maps, https://www.newportbeachca.gov/government/departments/recreation-senior-
services/bike-walking-trails/walking-trail-maps, accessed July 6, 2020; and California Department of Fish and Wildlife Website, Upper
Newport Bay Ecological Reserve, https://wildlife.ca.gov/Lands/Places-to-Visit/Upper-Newport-Bay-ER, accessed July 6, 2020.
3. Environmental Setting, Impacts and Mitigation Measures
3.13 Public Services and Recreation
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Libraries
XXX
3.13.2 Regulatory Setting
Fire Protection
Federal
There are no federal regulations, plans, or policies applicable to fire protection relevant to the
Project.
State
California Building Code and California Fire Code
The California Code of Regulations (CCR) Title 24 (California Building Code [CBC]) is a
compilation of building standards, including fire safety standards for residential and commercial
buildings. CBC standards are based on building standards that have been adopted by State
agencies without change from a national model code; building standards based on a national
model code that have been changed to address particular California conditions; and building
standards authorized by the California legislature, not covered by the national model code. The
California Fire Code (CFC) is part of the CBC (CBSC, 2019). Typical fire safety requirements of
the CFC include: the installation of sprinklers in all high-rise buildings; the establishment of fire
resistance standards for fire doors, building materials, and particular types of construction; and,
the clearance of debris and vegetation within a prescribed distance from occupied structures in
wildfire hazard areas. The CFC applies to all occupancies in California, except where more
stringent standards have been adopted by local agencies. Specific CFC regulations have been
incorporated by reference with amendments, in the City of Newport Beach Municipal Code
(Municipal Code), Chapter 15.16, Fire Code, as discussed below
California Occupational Safety and Health Administration
In accordance with California Code of Regulations, Title 8, sections 1270 “Fire Prevention” and
6773 “Fire Protection and Fire Equipment,” the California Occupational Safety and Health
Administration (Cal OSHA) has established minimum standards for fire suppression and
emergency medical services. The standards include, but are not limited to, guidelines on the
handling of highly combustible materials, fire hose size requirements, restrictions on the use of
compressed air, access roads, and the testing, maintenance and use of all firefighting and
emergency medical equipment.
Regional
There are no regional regulations, plans, or policies applicable to fire protection relevant to the
Project.
Local
City of Newport Beach General Plan
XXX
3. Environmental Setting, Impacts and Mitigation Measures
3.13 Public Services and Recreation
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City of Newport Beach Municipal Code
XXX
Police Protection
Federal
There are no federal regulations, plans, or policies applicable to police protection relevant to the
Project.
State
There are no state regulations, plans, or policies applicable to police protection relevant to the
Project.
Regional
There are no regional regulations, plans, or policies applicable to police protection relevant to the
Project.
Local
City of Newport Beach General Plan
XXX
City of Newport Beach Municipal Code
XXX
Schools
Federal
While public education is generally regulated at the State and local levels, the federal government
is involved in providing funding for specialized programs (i.e., school meals, Title 1, Special
Education, School to Work, and Goals 2000). However, these monies are not used for general
educational purposes and are not applicable to the discussion herein.
State
California Education Code
Education services are subject to the rules and regulations of the California Education Code and
governance of the State Board of Education. The State also provides funding through a
combination of sales and income taxes. In addition, pursuant to Proposition 98, the State is also
responsible for the allocation of educational funds that are acquired from property taxes. Further,
the governing board of any school district is authorized to levy a fee, charge, dedication, or other
requirement against any construction within the boundaries of the district, for the purpose of
funding the construction or reconstruction of school facilities (CEC 17620a1).
The California Education Code authorizes the California Department of Education (Department)
to develop site selection standards for school districts. These standards are found in the California
Code of Regulations and require that districts select a site that conforms to certain net acreage
3. Environmental Setting, Impacts and Mitigation Measures
3.13 Public Services and Recreation
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requirements established in the Department's 2000 “School Site Analysis and Development”
guidebook. The Guide includes the assumption that the land purchased for school sites would be
in a ratio of approximately 2 to 1 between the developed grounds and the building area. For
example, for a school that houses kindergarten through sixth grade and has an enrollment of 600
children, the recommended acreage is 9.2 acres.
The Department's 2000 Guide includes exceptions to its recommended site size that allow smaller
school sites. Additionally, the Department has the policy that if the “availability of land is scarce
and real estate prices are exorbitant” the site size may be reduced. It is the Department's policy
that if a school site is less than the recommended acreage required, the district shall demonstrate
how the students would be provided an adequate educational program including physical
education as described in the district's adopted course of study. Through careful planning, a
reduced project area school site could follow the recent trend of school downsizing and meet the
Department's criteria.
California School Facility Program
The Leroy F. Greene School Facilities Act of 1998 (known as Senate Bill 50 or SB 50), enacted
in 1998, is a program for funding school facilities largely based on matching funds. Proposition
1A was a school construction funding measure that was approved by the voters on the November
3, 1998 ballot. SB 50 created the School Facility Program enabling eligible school districts to
obtain state bond funds. State funding requires matching local funds that generally come from
developer fees. The passage of SB 50 eliminated the ability of cities and counties to require other
forms of mitigation of school overcrowding impacts and provided for school districts to assess
fees in specified amounts to offset the costs associated with increasing school capacity as a result
of new development. The old “Stirling” fees were incorporated into SB 50 and are referred to as
Level 1 fees. SB 50 permits the TVUSD to levy a fee, charge, dedication, or other requirement
against any development project within its boundaries, for the purpose of funding the construction
or reconstruction of school facilities.
The new construction grant provides funding on a 50/50 State and local match basis. The
modernization grant provides funding on a 60/40 basis. Districts that are unable to provide some,
or all, of the local match requirement and are able to meet the financial hardship provisions may
be eligible for additional State funding (OPSC, 2019).
SB 50 also set a maximum level of fees a developer may be required to pay. As of January 2012,
the State Allocation Board (SAB) authorized an adjustment in the Statutory School Fee amounts
(Level 1 fees) for unified school districts pursuant to Government Code section 65995(b)(3) to
$3.20 per square foot for new residential development and $0.51 per square foot for commercial
and industrial (non-residential) development. Districts meeting certain criteria may collect Level
2 fees as an alternative to Level 1 fees. Level 2 fees are calculated under a formula in SB 50.
Level 3 fees are approximately double Level 2 fees and are implemented only when the State
Allocation Board is not apportioning state bond funds. The passage of Proposition 51 on
November 8, 2016 authorized an additional $9 billion in general obligation bonds for the
construction and modernization of schools across California. Although for purposes of CEQA,
SB 50 states that payment of developer fees is “deemed to be complete and full mitigation” of the
3. Environmental Setting, Impacts and Mitigation Measures
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impacts of new development on school overcrowding, fees and state funding do not fully fund
new school facilities. Pursuant to Government Code section 65996, the payment of these fees by
a developer serves to mitigate potential impacts of increased enrollment that may result from
implementation of a project to a less-than-significant level (CGC 65996).
Property Taxes
The operation of California’s public school districts, including TVUSD, is largely funded by local
property taxes. While property taxes are assessed at a local level, it is the State which allocated
the tax revenue to each district according to average daily attendance rates.
Regional
There are no regional regulations, plans, or policies applicable schools relevant to the Project.
Local
City of Newport Beach General Plan
XXX
Parks and Recreation
Federal
There are no federal regulations, plans, or policies applicable to parks and recreation relevant to
the Project.
State
Quimby Act (Government Code 66477)
Section 66477 of the California Government Code, also known as the Quimby Act, was enacted
by the California legislature in 1965 to promote the availability of park and open space areas in
response to California’s rapid urbanization and the need to preserve open space and provide parks
and recreational facilities in response to this urbanization. The Quimby Act authorizes cities and
counties to enact ordinances requiring the dedication of land, or the payment of fees for park
and/or recreational facilities in lieu thereof, or both, by developers of residential subdivisions as a
condition to the approval of a tentative map or parcel map. Under the Quimby Act, dedications of
land shall not exceed 3 acres of parkland per 1,000 persons residing within a subdivision, and in-
lieu fee payments shall not exceed the proportionate amount necessary to provide 3 acres of
parkland, unless the amount of existing neighborhood and community parkland exceeds that
limit.
The City requires 5 acres of park area, or the proportional share thereof, for each 1,000 residents.
This requirement may be met by dedication of land, payment of in-lieu fees or a combination of
both as defined by Chapter 19.52, Park Dedications and Fees Ordinance, of the City’s Municipal
Code. Project compliance with the Quimby Act is provided in Section 3.13, Public Services, of
this Draft EIR.
3. Environmental Setting, Impacts and Mitigation Measures
3.13 Public Services and Recreation
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Regional
There are no regional regulations, plans, or policies applicable to parks and recreation relevant to
the Project.
Local
City of Newport Beach General Plan
The primary purpose of the Recreation Element (2006) of the City’s General Plan is to ensure that
balance between the provision of sufficient parks and recreational facilities are appropriate for the
residential and business population of Newport Beach. Specific recreational issues and policies
contained in the Recreation Element include parks and recreational facilities, recreational
programs, shared facilities, coastal recreation and support facilities, marine recreation, and public
access (Newport Beach, 2006a). The Recreation Element established goals and policies related to
recreation for the City. The following goals and policies for recreation are relevant to the Project.
Goal R 1 Provision of Facilities. Provision of adequate park and recreation facilities that
meet the recreational needs of existing and new residents of the community.
Goal R 2 Maintenance and Preservation. Maintenance and preservation of existing parks
and recreation facilities.
Policy R 2.2 Preservation of Public Parkland. Protect public parkland from non-
recreational uses; any loss of parkland through governmental action shall be replaced in-
kind.
Policy R 2.3 Preservation of Public Beaches. Preserve all public beaches for public
only purposes.
Goal R 3 Accessibility of Facilities. Accessible parks and recreation facilities to
persons with disabilities.
Policy R 3.1 Adequate Access. Ensure that parks and recreation facilities include
provisions for adequate access for persons with disabilities and that existing facilities are
appropriately retrofitted to include such access as required by the Americans with
Disabilities Act.
Policy R 3.2 Provision of Beach Wheelchairs. Provide beach wheelchairs
commensurate with demand.
Policy R 3.3 Facility Design. Design guardrails on parks, piers, trails, and public
viewing areas to take into consideration the views at the eye level of persons in
wheelchairs.
Goal R 6 Provision of Coastal Recreational Opportunities. Protection and
enhancement of a wide-range of recreational opportunities along the coast and beaches.
Policy R 6.1 Protection of Recreational Opportunities. Protect recreational
opportunities along the coast and beaches from non-recreational uses. Where feasible,
expand and enhance recreational opportunities along the coast and beaches.
3. Environmental Setting, Impacts and Mitigation Measures
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Policy R 6.2 Interagency Coordination. Cooperate with the State Department of Parks
and Recreation, the State Department of Fish and Game, and Orange County to protect,
expand, and enhance opportunities for recreational activities at county and state beaches
and parks.
Policy R 6.3 Recreational Commercial Uses. Allow recreational commercial uses in
commercial areas adjacent to beaches and the bay.
Goal R 7 Provision of Adequate Support Facilities. Adequate support facilities
serving recreational opportunities within the coastal zone.
Policy R 7.1 Public Coastal Access. Protect public coastal access recreational
opportunities through the provision of adequate support facilities and services.
Goal R 8 Provision of Marine Recreation Facilities. Provision and maintenance of
marine recreation related facilities that enhance the enjoyment of the City’s natural
resource.
Policy R 8.1 Existing Facilities. Utilize existing City marine recreational facilities,
including piers, docks, bays, beaches and educational and support facilities such as the
intercollegiate rowing facilities, marine ways and services, launching facilities, pump-out
stations, parking facilities, restrooms, showers, drinking fountains, and concessions.
Policy R 8.2 Provision of New Facilities. Provide additional marine recreational,
educational and support facilities and opportunities as feasible.
Goal R 9 Provision of Public Access. Provision and maintenance of public access for
recreational purposes to the City’s coastal resources.
Policy R 9.1 Provision of Public Coastal Access. Provide adequate public access to the
shoreline, beach, coastal parks, trails, and bay, acquire additional public access points to
these areas and provide parking, where possible.
Policy R 9.2 Waterfront Public Walkways. Expand waterfront public walkways per
policies in the Circulation Element.
Policy R 9.3 Sign Program. As part of a uniform coastal access signing program,
provide information to direct the public to parking areas, restrooms, and other support
facilities.
Policy R 9.6 Special Events. Require that impacts to public access, recreation, and
coastal resources be minimized as a result from special events.
City of Newport Beach Municipal Code
Consistent with and as permitted by the Quimby Act, the City adopted a Park Dedication and
Fees Ordinance (Municipal Code Chapter 19.52). The Ordinance requires that the project
applicant is to provide for the dedication of land, the payment of fees in lieu thereof or a
combination of both, for park or recreational purposes in conjunction with the approval of
subdivision for residential development. According to the Municipal Code Section 19.52.040
Parkland Standard, per figures from the 2000 Federal census and the City of Newport Beach
General Plan Recreation Element, the amount of neighborhood and community park acreage in
the City is five and one-tenth (5 1/10) acres per one thousand (1,000) population. Per Sectoin
3. Environmental Setting, Impacts and Mitigation Measures
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66477 of the Subdivision Map Act, the City may use its existing parkland ratio, based on data
from the most recent available Federal census, as its park dedication standard for new
subdivisions, provided required dedications do not exceed five acres per thousand persons
residing within a subdivision. Therefore, the City’s park dedication standard shall be 5 acres per
1,000 population. According to Section 19.52.070, in-lieu fees are placed in a fund for the
provision of rehabilitation of park and recreational facilities that can serve the subdivision. The
Park Dedication and Fees Ordinance also provides for credit to be given, at the discretion of the
City Council, for private and recreational improvements to land dedicated for a public park.
Libraries
Federal
There are no federal regulations, plans, or policies applicable to libraries relevant to the Project.
State
There are no state regulations, plans, or policies applicable to libraries relevant to the Project.
Regional
There are no regional regulations, plans, or policies applicable to libraries relevant to the Project.
Local
City of Newport Beach General Plan
XXX
City of Newport Beach Municipal Code
XXX
3.13.3 Thresholds of Significance
The following thresholds of significance are based on Appendix G of the CEQA Guidelines. The
project could have a significant environmental impact on public services if it would:
Result in substantial adverse physical impacts associated with the provision of new or
physically altered governmental 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 following public services:
– Fire Protection (See Impact 3.13-1);
– Police Protection (See Impact 3.13-2);
– Schools (See Impact 3.13-3);
– Parks and Recreation (See Impact 3.13-4); or
– Libraries (See Impact 3.13-5); or
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3.13.4 Methodology
Fire Protection
Fire protection needs relate to the size of the population and geographic area served, the number
and types of calls for service, and the physical characteristics of the City’s built environment and
infrastructure. Changes in these factors resulting from construction and operation of future
development of the Project may increase demand for or delivery of public services. The NBFD
evaluates the demand for fire protection and emergency medical services on a project-by-project
basis, including review of a project’s emergency features and/or design features, to determine if a
project would require additional equipment, personnel, new facilities, or alterations to existing
facilities. Beyond the standards included in the City’s Fire Code, the 2016 CBC, and the 2016
CFC, consideration is given to the size (height, quantity, and physical configuration) of a project,
uses proposed, fire flow necessary to accommodate a project, distance to the site for engine and
truck companies, response time, fire hydrant sizing and placement standards, access, and the
project’s potential to use or store hazardous materials.
NBFD was consulted for this analysis and the responses provided regarding the Project were
incorporated. In addition, the NBFD website and applicable provisions of the City’s Fire Code,
the 2016 CBC, and the 2016 CFC were reviewed. Based on this information and consultation
with the NBFD, a determination was made as to whether the NBFD would require new or
physically altered facilities for the provision of fire protection and emergency medical services in
order to maintain acceptable service ratios, response times, or other performance objectives for
fire protection. If such facilities would be required, the analysis considers whether the NBFD’s
construction of such facilities would reasonably be expected to cause significant environmental
impacts. Impacts associated with use or storage of hazardous materials were found not to be
significant in the Initial Study prepared for the Project and will not be discussed further in this
Draft EIR; refer to Appendix A, of this Draft EIR.
Police Protection
Police protection needs relate to the size of the population and geographic area served, the
number and types of calls for service, and the physical characteristics of the City. Changes in
these factors resulting from construction and operation of future development of the Project may
increase the demand for police protection services. The NBPD evaluates the demand for police
protection on a project-by-project basis, including review of a project’s security and/or design
features, to determine if a project would require additional equipment, personnel, new facilities,
or alterations to existing facilities.
The NBPD was consulted for this analysis and the responses provided regarding the Project were
incorporated. Based on this information and in consultation with the NBPD, a determination was
made as to whether the NBPD would require new or physically altered facilities for the provision
of police protection in order to maintain acceptable response times or other performance
objectives for police protection services. If such facilities would be required, the analysis
considers whether the NBPD’s construction of such facilities would reasonably be expected to
cause significant environmental impacts.
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Schools
The analysis of enrollment effects on schools is based on the ability of the NMUSD school
facilities and services to accommodate the potential increase in students generated from future
development of the Project. The analysis estimates the number of students that would be
generated by future development of the Project by using NMUSD student generation factors, and
focuses on whether NMUSD school facilities expected to serve future development of the Project
and would have sufficient available capacity to accommodate these students.
The analysis addresses all levels of education facilities operated by the NMUSD (i.e., elementary
schools, middle schools, and high schools), and focuses on the schools that would serve future
development of the Project. It also addresses state regulations, e.g., SB 50, as a mechanism for
providing new school facilities and addressing school impacts of future development of the
Project. A determination is then made as to whether the NMUSD would require new or physically
altered facilities for schools, the construction of which could cause significant environmental
impacts, in order to maintain acceptable service ratios or other performance objectives for
schools.
Parks and Recreation
The analysis of parks or recreational impacts is based on an estimate of a project’s resident
population size, given the number of proposed residential units, and a description of a project’s
park, recreation and open space features and their effects in serving a project’s residents and
thereby reducing potential impacts on local park facilities. The analysis also addresses potential
impacts on park facilities that might occur due to construction activities.
The City of Newport Beach Recreation and Senior Services Department was consulted on this
analysis and the responses provided regarding future development of the Project were
incorporated. Based on this information and consultation with the Recreation Department, a
determination was made as to whether the City would require new or physically altered facilities
for the provision of parks or recreational services in order to maintain acceptable service ratios or
other performance objectives for parks or recreational services. If such facilities would be
required, the analysis considers whether the construction of such facilities would reasonably be
expected to cause significant environmental impacts.
Libraries
Analysis of libraries is typically based by identifying the primary library that would serve future
development of the Project, projecting the future service population for the library that would
serve the future development of the Project, and determining whether the Project’s contribution to
the future service population would cause the library to operate beyond its service capacity.
The City of Newport Beach Central Library was consulted on this analysis and the responses
provided regarding future development of the Project were incorporated. Based on this
information and consultation with the Central Library, a determination was made as to whether
the City would require new or physically altered facilities for the provision of libraries in order to
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maintain acceptable service ratios or other performance objectives for libraries. If such facilities
would be required, the analysis considers whether the construction of such facilities would
reasonably be expected to cause significant environmental impacts.
3.13.5 Impact Analysis
Fire Protection
Impact 3.13-1: The proposed project would not result in substantial adverse physical
impacts associated with the need for new or physically altered fire protection facilities, the
construction of which could cause significant environmental impacts.
Project-Specific
Construction
Construction activities associated with the Project may temporarily increase the demand for fire
protection and emergency medical services, and may cause the occasional exposure of
combustible materials, such as wood, plastics, sawdust, coverings and coatings, to heat sources
including machinery and equipment sparking, exposed electrical lines, welding activities, and
chemical reactions in combustible materials and coatings. However, in compliance with the
requirements of OSHA, all construction managers and personnel would be trained in fire
prevention and emergency response. Further, fire suppression equipment specific to construction
would be maintained on the Project Site. As applicable, construction activities would be required
to comply with the 2019 CBC, the 2019 California Fire Code (CFC), and the City’s Fire Code.
Construction activities may involve temporary lane closures along Bayside Drive for right-of-way
frontage improvements and utility construction. Construction-related traffic could result in
increased travel time due to flagging or stopping of traffic to accommodate trucks entering and
exiting the Project Site during construction. As such, construction activities could increase
response times for emergency vehicles to local business and/or residences within the Project
vicinity, due to travel time delays to through traffic. However, the impacts of such construction
activity would be temporary and on an intermittent basis. Further, the times of day and locations
of all temporary lane closures would be coordinated so that they do not occur during peak periods
of traffic congestion, to the extent feasible. Such events would be coordinated with neighboring
construction projects, as necessary. Truck routes for material and equipment deliveries, as well as
for soil export and disposal, would require approval by the City of Newport Beach Public Works
Department. These practices, as well as techniques typically employed by emergency vehicles to
clear or circumvent traffic (i.e., lights and sirens), are expected to limit the potential for
significant delays in emergency response times during Project construction. Therefore, impacts
regarding emergency response times and emergency access during construction would be less
than significant.
Overall, with compliance to the applicable requirements of the 2019 CBC, the 2019 CFC, and the
City’s Fire Code, and due to the temporary nature of the necessary construction activities,
construction impacts on fire protection and emergency medical services would be less than
significant.
3. Environmental Setting, Impacts and Mitigation Measures
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Operation
XXX
Cumulative
XXX
Mitigation Measures
Project-Specific
XXX
Cumulative
XXX
Significance Determination
Project-Specific
Determination. XXX
Cumulative
Determination. XXX
_________________________
Police Protection
Impact 3.13-2: The proposed project would not result in substantial adverse physical
impacts associated with the need for new or physically altered police facilities, the
construction of which could cause significant environmental impacts.
Project-Specific
Construction
During construction, equipment and building materials could be temporarily stored on-site, which
could result in theft, graffiti, and vandalism. However, the Project Site is located in an area with
high vehicular and pedestrian activity from Bayside Drive and the Back Bay. In addition, the
construction site would be fenced along the perimeter, with the height and fence materials subject
to review and approval by the City of Newport Beach Public Works Department. As discussed
above, temporary lane closures along Bayside Drive may be required for right-of-way frontage
improvements and utility construction. However, these closures would be temporary in nature and
in the event of partial lane closures, both directions of travel on area roadways and access to the
Project Site would be maintained. Emergency vehicle drivers have a variety of options for
avoiding traffic, such as using their sirens to clear a path of travel or driving in the lanes of
opposing traffic. Given the visibility of the Project Site from adjacent roadways and surrounding
properties, existing police presence in the City, maintained emergency access, and construction
fencing, the Project is not expected to increase demand on existing police services to a
meaningful extent. As such, the Project would have a less than significant temporary impact on
police protection during the construction phases.
3. Environmental Setting, Impacts and Mitigation Measures
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Operation
XXX
Cumulative
XXX
Mitigation Measures
Project-Specific
XXX
Cumulative
XXX
Significance Determination
Project-Specific
Determination. XXX
Cumulative
Determination. XXX
Schools
Impact 3.13-3: The proposed project would not result in substantial adverse physical
impacts associated with the need for new or expanded school facilities, the construction of
which could cause significant environmental impacts.
Project-Specific
XXX
Cumulative
XXX
Mitigation Measures
Project-Specific
XXX
Cumulative
XXX
Significance Determination
Project-Specific
Determination. XXX
3. Environmental Setting, Impacts and Mitigation Measures
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Cumulative
Determination. XXX
_________________________
Parks and Recreation
Impact 3.13-4: The proposed project would not result in substantial adverse physical
impacts associated with the need for new or physically altered parks and recreation
facilities, the construction of which could cause significant environmental impacts.
Project-Specific
Construction
The nearest park, Back Bay View Park, is located across the Newport Dunes Swimming Lagoon
and Beach approximately 0.35 miles southeast from the Project Site. Project construction would
result in a temporary increase in the number of construction workers at the Project Site. Due to
the employment patterns of construction workers in Southern California, and the operation of the
market for construction labor, the likelihood that construction workers would relocate their
households as a consequence of working on development of the Project is negligible. Given the
proximity to the Project Site, a few construction workers may visit Back Bay View Park, the
Newport Dunes Swimming Lagoon and Beach, the Newport Dunes Marina, or the Newport
Dunes Waterfront Resort to eat lunch or for recreation after a day of work. However, construction
workers are temporary employees with high turnover rates associated with the various phases of
construction. Such park or recreational facility use would be rare. Therefore, the construction
workers associated with development of the Project would not result in a notable increase in the
residential population of the Project vicinity, or a corresponding permanent demand for parks and
recreational facilities in the vicinity of the Project Site. As such, the Project would have a less
than significant temporary impact on parks during the construction phases.
Operation
Increase in demand for parks or other recreational facilities generally occurs due to residential
population increase. As discussed in Section 3.12, Population and Housing, the majority of the
Project-related employment opportunities are expected to be filled by residents that already reside
in the local area. The implementation of the Project would not include new residential uses, and
therefore, residential population would not be generated. Given the proximity to the Project Site,
it is likely that hotel guests and some employees access the Newport Dunes Swimming Lagoon
and Beach, the Newport Dunes Marina, and the Newport Dunes Waterfront Resort during the
hotel stay or work day. The Project Site is located in Service Area 9, Newport Center, which
includes the Back Bay View Park. As discussed above, the Back Bay View Park is the nearest
park to the Project Site. According to the City, the current park capacity and level of use for Back
Bay View Park is adequate for the area (Levin, 2020). In addition, there is a park surplus within
this service area (Newport Beach, 2006). Further, the Project would provide approximately 7.36
acres of recreational uses, trails, and amenities. The outdoor recreational areas and amenities
include an adult pool, a family pool, two outdoor tennis courts, a sand volleyball court, an
outdoor marine life learning center with seating, outdoor terraces, a picnic area, and a lawn event
space for hotel guests which will all operate between sunrise and sunset. The proposed hotel
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would provide towel service for pool and beach recreation uses. The Project would include a
shoreline trail that will be open to hotel guests and the general public. Therefore, the Project
would not result in substantial adverse physical impacts associated with the need for new or
physically altered parks and recreation facilities, the construction of which could cause significant
environmental impacts. A less than significant impact would occur in this regard.
Cumulative
XXX
Mitigation Measures
Project-Specific
XXX
Cumulative
XXX
Significance Determination
Project-Specific
Determination. XXX
Cumulative
Determination. XXX
_________________________
Libraries
Impact 3.13-5: The proposed project would not result in the need for new or physically
altered library facilities, the construction of which could result in significant environmental
impacts.
Project-Specific
XXX
Cumulative
XXX
Mitigation Measures
Project-Specific
XXX
Cumulative
XXX
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Significance Determination
Project-Specific
Determination. XXX
Cumulative
Determination. XXX
_________________________
References
California Department of Fish and Wildlife, 2020. California Department of Fish and Wildlife
Website, Upper Newport Bay Ecological Reserve. Available at:
https://wildlife.ca.gov/Lands/Places-to-Visit/Upper-Newport-Bay-ER. Accessed July 28,
2020.
City of Newport Beach, 2006. Newport Beach General Plan, Chapter 8: Recreation Element.
Available at:
https://www.newportbeachca.gov/PLN/General_Plan/09_Ch8_Recreation_web.pdf.
Accessed July 6, 2020.
City of Newport Beach, 2020a. City of Newport Beach Website, Bike Facilities and Information.
Available at: https://www.newportbeachca.gov/government/departments/recreation-senior-
services/bike-walking-trails/bike-facilities-information. Accessed July 6, 2020.
City of Newport Beach, 2020b. City of Newport Beach Website, Parks and Facilities. Available
at: https://www.newportbeachca.gov/government/departments/recreation-senior-
services/parks-and-facilities. Accessed July 6, 2020.
City of Newport Beach, 2020c. City of Newport Beach Website, Walking Trails Maps. Available
at: https://www.newportbeachca.gov/government/departments/recreation-senior-
services/bike-walking-trails/walking-trail-maps. Accessed July 6, 2020.
Newport Bay Conservancy, 2019. Map. Available at: https://i2.wp.com/newportbay.org/wp-
content/uploads/2018/06/Large-Map-Panel-Newport-Bay-8.5x11-Final.jpeg. Accessed July
6, 2020.
Newport Beach GIS, 2020. Map Viewer, Newport Beach – GIS Park Search. Available at:
http://nbgis.newportbeachca.gov/NewportHTML5Viewer/?viewer=publicsite&runWorkflo
w=Park_Search_StartUp&TAG=FACIL_002. Accessed January 28, 2020.
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3.14 Recreation
Introduction
This section describes and evaluates potential adverse physical environmental impacts related to
recreation. This section contains: (1) a description of the existing environmental setting for
recreation; (2) a summary of the regulations related to recreation; and (3) an analysis that addresses
whether construction and operation of the Project could increase the use of existing neighborhood
and regional parks or other recreational facilities such that substantial physical deterioration of a
facility would occur or be accelerated; and if construction and operation of the Project could
include recreational facilities or require the construction or expansion of recreational facilities
which might have an adverse physical effect on the environment.
Comments received in response to the Notice of Preparation (NOP) for the EIR regarding recreation
can be found in Appendix A. Any applicable issues and concerns regarding potential impacts
related to recreation as a result of implementation of the Project are analyzed within this section.
The analysis is based, in part, on information provided by the City of Newport Beach Recreation
and Senior Services Department (Recreation Department) and a review of public information about
parks and recreational facilities within close proximity of the Project Site and its jurisdictions. The
information provided by the Recreation Department is contained in Appendix _, of this Draft EIR.
3.14.1 Environmental Setting
The City of Newport Beach (City) serves as a major marine recreational center with over eight
miles of sandy beaches that provide opportunities for sunbathing, volleyball, swimming, surfing,
windsurfing and other recreational activities. The public beaches include snack bars, showers,
drinking fountains, restrooms, walkways, docks, fire rings, portable barbecues, benches, shade
trees, and parking areas. Other coastal recreation opportunities include the 800-foot Newport Pier,
located at the end of Newport Boulevard (McFadden Place) in McFadden Square and the 950-
foot Balboa Pier, located at the end of Main Street in Balboa Village. The Newport Bay and
Harbor are used for a wide variety of recreational activities including boating, diving, excursions,
fishing, kayaking, paddle boarding, parasailing, rowing, sailing, swimming, and windsurfing.
Additionally, the City provides ten public docks in the harbor which can be used for boat
launching and fishing. The Newport Aquatic Center property is co-owned by the City and the
County of Orange (County), but is leased and privately operated by the Center. The Newport
Aquatic Center, located on Northstar Beach, provides an opportunity for the public and members
to kayak and canoe in Upper Newport Bay as well as advanced training facilities for world-class
athletes (Newport Beach, 2006).
The County and the State of California (State) own four recreational areas within the City. The
privately operated, but co-owned by the City and County, 110-acre Newport Dunes Aquatic Park
provides opportunities for camping, boating, canoeing, kayaking, swimming, play areas for
children, movies on the beach, fine dining, and other water and beach activities. The Project Site
is located within the Newport Dunes on the Upper Newport Bay. The 752-acre Upper Newport
Bay State Marine Park (formerly Ecological Reserve) and the 140-acre Upper Newport Bay
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Nature Preserve provide opportunities for canoeing, kayaking, horseback riding, biking, and
hiking. The Crystal Cove State Park also provides coastal recreation opportunities with 3.5 miles
of beach and 2,000 acres of undeveloped woodland which is popular for hiking and horseback
riding. Approximately 240 acres of the park is located within the City. Crystal Cove is used by
mountain bikers inland and scuba and skin divers underwater. The beach is popular with
swimmers and surfers and visitors can explore tide pools and sandy covers (Newport Beach,
2006).
The City’s parks contain a variety of recreational facilities, with areas available for organized
sports including soccer fields, baseball diamonds, tennis courts, volleyball courts, and basketball
courts. Recreational opportunities exist for children in many of the play areas in the City’s parks.
Swimming pools are available to the public at aquatic facilities at the Marian Bergeson Aquatic
Center and Newport Harbor High School through joint use agreements with the Newport-Mesa
Unified School District (NMUSD). Additional recreational resources in the City include
community centers, multipurpose recreation centers, a senior center, and two gymnasium
facilities. Jogging trails, pedestrian trails, recreation trails, regional equestrian trails, pedestrian
corridors, and bikeways are also available within the City. Bikeways within the City include
bicycle lanes, bicycle routes, bicycle trails, backbone bikeways, and secondary bikeways. Private
facilities, including yacht clubs, golf courses, and country clubs also serve the residents of the
City (Newport Beach, 2006).
The City has approximately 286.4 acres of developed parks and 90.4 acres of active beach
recreation for a combined total of 376.8 acres (Newport Beach, 2006) [Note to City: Please
provide updated park acreages]. The City’s parks range in size and type which include
community parks, mini parks, neighborhood parks, view parks, and sport parks. School facilities
also provide indoor and outdoor recreational opportunities in the City, while greenbelts and open
space areas provide passive recreational opportunities or open space relief. The City’s existing
ratio of developed parkland per resident on a Citywide basis is 4.8 acres per 1,000 residents
(Levin, 2020). The City’s recreational standards and acreage goals are 5 acres per 1,000 residents
(Levin, 2020).
The City is divided into 12 service areas for the purposes of park planning and to equitable
administer parkland dedications and fees provided by residential development (Newport Beach,
2006). The Project Site is located in Service Area 9, Newport Center, which includes the Back
Bay View Park (Levin, 2020). There is a park surplus within this service area (Newport Beach,
2006). A number of parks and recreational facilities are also located within the vicinity of the
Project Site. The nearest park, Back Bay View Park, is located at 1900 Back Bay Drive across the
Newport Dunes approximately 0.35 miles southeast from the Project Site (Levin, 2020). The
Back Bay View Park, classified as a view park, is 10.49 acres in size and includes benches, bay
views, and a bike fixit station. According to the City, the current park capacity and level of use
for Back Bay View Park is adequate for the area (Levin, 2020). An existing walking trail within
the vicinity of the Project Site is the Back Bay Trail, which is located to the northeast along the
Upper Newport Bay. The Back Bay Trail, a 2.89-mile trail, is located along a paved road used
mostly by pedestrians and bicyclists and occasionally a car, but the speed limit is only 15 miles
per hour (mph). This trail includes scenic views of Upper Newport Bay and is popular for bird
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watching (City of Newport Beach, 2020b). Table 3.14-1, Existing Newport Beach Parks and
Recreational Facilities Near the Project Site, below, provides parks and recreational facilities
located within 1.5 miles of the Project Site and a summary of their amenities/activities and
approximate distance/direction from the Project Site.
Existing bike facilities located within the vicinity of the Project Site include paved paths along
Mayflower Road through Back Bay View Park connecting to Back Bay Drive and from Back Bay
Drive through the Newport Dune Bridge to North Bayside Drive. Marked bike lanes are located
along East Coast Highway, Bayside Drive, Mayflower Road, and Back Bay Drive (City of
Newport Beach, 2020a).
TABLE 3.14-1
EXISTING NEWPORT BEACH PARKS AND RECREATIONAL FACILITIES NEAR THE PROJECT SITE
Name Location Parks Amenities/Activities
Approximate
Distance/Direction from
Project Sitea
Newport Dunes 1131 Back Bay
Drive
bay view, benches, parking lot, play
equipment, restrooms, recreational vehicle
park, boat launching facilities, beach day
use, trail
0.25 miles southeast
Back Bay View Park 1900 Back Bay
Drive bay view, benches bike fixit station 0.35 miles southeast
Back Bay Trail N/A walking, bicycles, vehicles 0.35 miles northeast
Westcliff Park
Polaris Drive and
Morning Star
Lane
bay view, water fountains, parking lot 0.38 miles northwest
NewportAquatic
Center/Park
1 White Cliffs
Drive bay view, showers, restrooms, parking lot 0.58 miles northeast
North Star Beach
Park
1 White Cliffs
Drive beach area 0.51 miles northeast
Castaways Park 700 Dover Drive bay view, ocean view, benches, parking lot 0.60 miles northwest
Back Bay Trail N/A walking and bicycles 0.62 miles east
Bob Henry Park 900 Dover Drive
athletic field, 2 ball diamonds, play
equipment, 4 picnic tables, benches, water
fountains, restrooms, parking lot
0.67 miles northwest
Galaxy View Park 1398 Galaxy
Drive bay view, benches, water fountains 0.78 miles northeast
Ecological Reserve of
Upper Newport Bay
2482-2498
Mountains to the
Sea Trail &
Bikeway
wildlife viewing, fishing, hiking, Science
Center, kayaking, canoeing, birdwatching,
tidepool viewing, biking
0.86 miles northeast
Civic Center Park 100 Civic Center
Drive
walking trail, public art garden, ocean view
platforms, dog park, bird blind, picnic
tables, benches, restrooms, water
fountains, and parking
1.50 miles southeast
a Approximate distance/direction from Project Site in miles is a straight line distance, not a drive distance.
Sources: City of Newport Beach Website, Bike Facilities and Information,
https://www.newportbeachca.gov/government/departments/recreation-senior-services/bike-walking-trails/bike-facilities-information,
accessed July 6, 2020; City of Newport Beach Website, Parks and Facilities,
https://www.newportbeachca.gov/government/departments/recreation-senior-services/parks-and-facilities, accessed July 6, 2020; City
of Newport Beach Website, Walking Trails Maps, https://www.newportbeachca.gov/government/departments/recreation-senior-
services/bike-walking-trails/walking-trail-maps, accessed July 6, 2020; and California Department of Fish and Wildlife Website, Upper
Newport Bay Ecological Reserve, https://wildlife.ca.gov/Lands/Places-to-Visit/Upper-Newport-Bay-ER, accessed July 6, 2020.
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3.14.2 Regulatory Setting
Federal
There are no federal regulations, plans, or policies applicable to recreation relevant to the Project.
State
Quimby Act (Government Code 66477)
Section 66477 of the California Government Code, also known as the Quimby Act, was enacted
by the California legislature in 1965 to promote the availability of park and open space areas in
response to California’s rapid urbanization and the need to preserve open space and provide parks
and recreational facilities in response to this urbanization. The Quimby Act authorizes cities and
counties to enact ordinances requiring the dedication of land, or the payment of fees for park
and/or recreational facilities in lieu thereof, or both, by developers of residential subdivisions as a
condition to the approval of a tentative map or parcel map. Under the Quimby Act, dedications of
land shall not exceed 3 acres of parkland per 1,000 persons residing within a subdivision, and in-
lieu fee payments shall not exceed the proportionate amount necessary to provide 3 acres of
parkland, unless the amount of existing neighborhood and community parkland exceeds that
limit.
The City requires 5 acres of park area, or the proportional share thereof, for each 1,000 residents.
This requirement may be met by dedication of land, payment of in-lieu fees or a combination of
both as defined by Chapter 19.52, Park Dedications and Fees Ordinance, of the City’s Municipal
Code. Project compliance with the Quimby Act is provided in Section 3.13, Public Services, of
this Draft EIR.
Regional
There are no regional regulations, plans, or policies applicable to recreation relevant to the
Project.
Local
City of Newport Beach General Plan
The primary purpose of the Recreation Element (2006) of the City’s General Plan is to ensure that
balance between the provision of sufficient parks and recreational facilities are appropriate for the
residential and business population of Newport Beach. Specific recreational issues and policies
contained in the Recreation Element include parks and recreational facilities, recreational
programs, shared facilities, coastal recreation and support facilities, marine recreation, and public
access (Newport Beach, 2006a). The Recreation Element established goals and policies related to
recreation for the City. The following goals and policies for recreation are relevant to the Project.
Goal R 1 Provision of Facilities. Provision of adequate park and recreation facilities that
meet the recreational needs of existing and new residents of the community.
Goal R 2 Maintenance and Preservation. Maintenance and preservation of existing parks
and recreation facilities.
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Policy R 2.2 Preservation of Public Parkland. Protect public parkland from non-
recreational uses; any loss of parkland through governmental action shall be replaced in-
kind.
Policy R 2.3 Preservation of Public Beaches. Preserve all public beaches for public
only purposes.
Goal R 3 Accessibility of Facilities. Accessible parks and recreation facilities to persons
with disabilities.
Policy R 3.1 Adequate Access. Ensure that parks and recreation facilities include
provisions for adequate access for persons with disabilities and that existing facilities are
appropriately retrofitted to include such access as required by the Americans with
Disabilities Act.
Policy R 3.2 Provision of Beach Wheelchairs. Provide beach wheelchairs
commensurate with demand.
Policy R 3.3 Facility Design. Design guardrails on parks, piers, trails, and public
viewing areas to take into consideration the views at the eye level of persons in
wheelchairs.
Goal R 6 Provision of Coastal Recreational Opportunities. Protection and enhancement of
a wide-range of recreational opportunities along the coast and beaches.
Policy R 6.1 Protection of Recreational Opportunities. Protect recreational
opportunities along the coast and beaches from non-recreational uses. Where feasible,
expand and enhance recreational opportunities along the coast and beaches.
Policy R 6.2 Interagency Coordination. Cooperate with the State Department of Parks
and Recreation, the State Department of Fish and Game, and Orange County to protect,
expand, and enhance opportunities for recreational activities at county and state beaches
and parks.
Policy R 6.3 Recreational Commercial Uses. Allow recreational commercial uses in
commercial areas adjacent to beaches and the bay.
Goal R 7 Provision of Adequate Support Facilities. Adequate support facilities serving
recreational opportunities within the coastal zone.
Policy R 7.1 Public Coastal Access. Protect public coastal access recreational
opportunities through the provision of adequate support facilities and services.
Goal R 8 Provision of Marine Recreation Facilities. Provision and maintenance of marine
recreation related facilities that enhance the enjoyment of the City’s natural resource.
Policy R 8.1 Existing Facilities. Utilize existing City marine recreational facilities,
including piers, docks, bays, beaches and educational and support facilities such as the
intercollegiate rowing facilities, marine ways and services, launching facilities, pump-out
stations, parking facilities, restrooms, showers, drinking fountains, and concessions.
Policy R 8.2 Provision of New Facilities. Provide additional marine recreational,
educational and support facilities and opportunities as feasible.
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Goal R 9 Provision of Public Access. Provision and maintenance of public access for
recreational purposes to the City’s coastal resources.
Policy R 9.1 Provision of Public Coastal Access. Provide adequate public access to the
shoreline, beach, coastal parks, trails, and bay, acquire additional public access points to
these areas and provide parking, where possible.
Policy R 9.2 Waterfront Public Walkways. Expand waterfront public walkways per
policies in the Circulation Element.
Policy R 9.3 Sign Program. As part of a uniform coastal access signing program,
provide information to direct the public to parking areas, restrooms, and other support
facilities.
Policy R 9.6 Special Events. Require that impacts to public access, recreation, and
coastal resources be minimized as a result from special events.
City of Newport Beach Municipal Code
Consistent with and as permitted by the Quimby Act, the City adopted a Park Dedication and
Fees Ordinance (Municipal Code Chapter 19.52). The Ordinance requires that the project
applicant is to provide for the dedication of land, the payment of fees in lieu thereof or a
combination of both, for park or recreational purposes in conjunction with the approval of
subdivision for residential development. According to the Municipal Code Section 19.52.040
Parkland Standard, per figures from the 2000 Federal census and the City of Newport Beach
General Plan Recreation Element, the amount of neighborhood and community park acreage in
the City is five and one-tenth (5 1/10) acres per one thousand (1,000) population. Per Sectoin
66477 of the Subdivision Map Act, the City may use its existing parkland ratio, based on data
from the most recent available Federal census, as its park dedication standard for new
subdivisions, provided required dedications do not exceed five acres per thousand persons
residing within a subdivision. Therefore, the City’s park dedication standard shall be 5 acres per
1,000 population. According to Section 19.52.070, in-lieu fees are placed in a fund for the
provision of rehabilitation of park and recreational facilities that can serve the subdivision. The
Park Dedication and Fees Ordinance also provides for credit to be given, at the discretion of the
City Council, for private and recreational improvements to land dedicated for a public park.
3.14.3 Thresholds of Significance
In accordance with Appendix G of the CEQA Guidelines, the project would have a significant
environmental impact on recreation if it would:
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 (See
Impact 3.14-1);
Include recreational facilities or require the construction or expansion of recreational facilities
which might have an adverse physical effect on the environment (See Impact 3.14-2).
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3.14.4 Methodology
This analysis is based on information provided by the City of Newport Beach Recreation and
Senior Services Department and a review of public information about parks and recreational
facilities within close proximity of the Project Site and its jurisdictions. Potential recreation
impacts associated with the Project are evaluated based on the proximity of the Project Site to
designated recreational facilities, and the Project’s potential contribution to demand for future
facilities.
3.11.5 Impact Analysis
Increase Use of Recreational Facilities
Impact 3.14-1: The Project would have less than significant and less than cumulatively
considerable impacts to recreational facilities from the increased use of existing
neighborhood and regional parks or other recreational facilities such that substantial
physical deterioration of the facility would occur or be accelerated.
Project-Specific
Construction
The nearest park, Back Bay View Park, is located across the Newport Dunes Swimming Lagoon
and Beach approximately 0.35 miles southeast from the Project Site. Project construction would
result in a temporary increase in the number of construction workers at the Project Site. Due to
the employment patterns of construction workers in Southern California, and the operation of the
market for construction labor, the likelihood that construction workers would relocate their
households as a consequence of working on development of the Project is negligible. Given the
proximity to the Project Site, a few construction workers may visit Back Bay View Park, the
Newport Dunes Swimming Lagoon and Beach, the Newport Dunes Marina, or the Newport
Dunes Waterfront Resort to eat lunch or for recreation after a day of work. However, construction
workers are temporary employees with high turnover rates associated with the various phases of
construction. Such park or recreational facility use would be rare. Therefore, the construction
workers associated with development of the Project would not result in a notable increase in the
residential population of the Project vicinity, or a corresponding permanent demand for parks and
recreational facilities in the vicinity of the Project Site. Therefore, it is not foreseeable that such
use could result in substantial physical deterioration of such facilities. Thus, the Project would not
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, and the impact
would be less than significant.
Operation
Increase in demand for parks or other recreational facilities generally occurs due to residential
population increase. As discussed in Section 3.12, Population and Housing, the majority of the
Project-related employment opportunities are expected to be filled by residents that already reside
in the local area. The implementation of the Project would not include new residential uses, and
therefore, residential population would not be generated. Given the proximity to the Project Site,
it is likely that hotel guests and some employees access the Newport Dunes Swimming Lagoon
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and Beach, the Newport Dunes Marina, and the Newport Dunes Waterfront Resort during the
hotel stay or work day. The Project Site is located in Service Area 9, Newport Center, which
includes the Back Bay View Park. As discussed above, the Back Bay View Park is the nearest
park to the Project Site. According to the City, the current park capacity and level of use for Back
Bay View Park is adequate for the area (Levin, 2020). In addition, there is a park surplus within
this service area (Newport Beach, 2006). The increase in use of these surrounding parks and
recreational facilities would be limited and would not cause or accelerate a substantial physical
deterioration of existing park and recreational facilities. Further, the Project would provide
approximately 7.36 acres of recreational uses, trails, and amenities. The outdoor recreational
areas and amenities include an adult pool, a family pool, two outdoor tennis courts, a sand
volleyball court, an outdoor marine life learning center with seating, outdoor terraces, a picnic
area, and a lawn event space for hotel guests which will all operate between sunrise and sunset.
The proposed hotel would provide towel service for pool and beach recreation uses. The Project
would include a shoreline trail that will be open to hotel guests and the general public. Therefore,
impacts from the increased use of existing neighborhood and regional parks or other recreational
facilities would be less than significant.
Cumulative
Construction
Project construction in combination with construction of the cumulative projects would result in a
cumulative effect on the use of existing neighborhood and regional parks or other recreational
facilities. A few construction workers from the construction of cumulative projects may visit the
Back Bay View Park, the Newport Dunes Swimming Lagoon and Beach, the Newport Dunes
Marina, or the Newport Dunes Waterfront Resort to eat lunch or for recreation after a day of
work. However, construction workers are temporary employees with high turnover rates
associated with the various phases of construction. Such park or recreational facility use would be
rare. Therefore, the construction workers associated with development of the Project in
combination with development of the cumulative projects would not result in a notable increase
in the residential population of the Project vicinity. Overall, construction of future development
of the Project in combination with construction of the cumulative projects would not 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. Since construction
impacts of development of the Project would be less than significant, the Project would have a
less than cumulatively considerable impact.
Operation
Cumulative development growth within the City would result in residential development and
result in an increase in residential population. This growth is anticipated to increase the use of
existing parks and recreational facilities to a level that could require additional facilities to be
developed. As a result, cumulative growth could result in significant deterioration of existing
facilities or accelerate deterioration, and thus, result in a significant cumulative impact. As
identified above, the implementation of the Project would not result in new residential uses or
residential population, but employees and hotel guests associated with the Project could result in
the use of surrounding existing parks and recreational facilities. This use is anticipated to be on a
3. Environmental Setting, Impacts and Mitigation Measures
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limited basis during the work day and hotel stay, and therefore, the Project’s contribution to the
cumulative deterioration of the existing facilities would be less than cumulatively considerable.
Mitigation Measures
Project-Specific
No mitigation measures are required.
Cumulative
No mitigation measures are required.
Significance Determination
Project-Specific
Determination. Less than Significant.
Cumulative
Determination. Less than Significant.
_________________________
Recreational Facilities Physical Effect on the Environment
Impact 3.14-2: The Project would have less than significant and less than cumulatively
considerable impacts on recreational facilities and would not require the construction or
expansion of recreational facilities which could have an adverse physical effect on the
environment.
Project-Specific
Implementation of the Project would provide approximately 7.36 acres of recreational uses, trails,
and amenities. The outdoor recreational areas and amenities include an adult pool, a family pool,
two outdoor tennis courts, a sand volleyball court, an outdoor marine life learning center with
seating, outdoor terraces, a picnic area, and a lawn event space for hotel guests which will all
operate between sunrise and sunset. The proposed hotel would provide towel service for pool and
beach recreation uses. The Project would include a shoreline trail that will be open to hotel guests
and the general public. These facilities would be developed within the Project Site, and no new
expanded off-site parks or recreational facilities are proposed. The construction and operation of
the Project’s recreational facilities could have adverse physical environmental effects, but would
not be distinguishable from effects of the overall future development of the Project. Moreover,
the close proximity of the Project Site to parks and recreational facilities are large enough to
accommodate an increase of visitors in the area. As discussed under Impact 3.14-1, above,
increase in demand for recreational facilities generally occurs due to residential population
increase. Because the employment opportunities resulting from Project implementation are
expected to be filled by residents that will already reside in the local area, the Project would not
result in an increased demand use of parks and other recreational facilities that would induce the
construction or expansion of these types of facilities. Consequently, the Project will not have an
increased demand use of parks and other recreational facilities that would necessitate the
3. Environmental Setting, Impacts and Mitigation Measures
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construction or expansion of these types of facilities, and therefore, impacts would be less than
significant.
Cumulative
Cumulative projects within the City may include recreational facilities, the construction of which
would be evaluated by the City prior to the issuance of a permit or development approval. The
potential development of residential uses associated with cumulative projects could result in a
significant deterioration of existing facilities or accelerate deterioration, thus require the
construction or expansion of recreational facilities which might result in a significant cumulative
impact. Because the Project does not include a residential population and the Project’s generation
of employees and hotel guests who may use recreational facilities during the work day and hotel
stay would be limited, there would be a limited potential for the Project to substantively
contribute to potential cumulative impacts on recreational facilities. The potential for the Project
to contribute to a cumulatively significant effect, requiring the construction or expansion of
recreational facilities that could result in an adverse physical effect on the environment, would be
less than cumulatively considerable.
Mitigation Measures
Project-Specific
No mitigation measures are required.
Cumulative
No mitigation measures are required.
Significance Determination
Project-Specific
Determination. Less than Significant.
Cumulative
Determination. Less than Significant.
_________________________
References
California Department of Fish and Wildlife, 2020. California Department of Fish and Wildlife
Website, Upper Newport Bay Ecological Reserve. Available at:
https://wildlife.ca.gov/Lands/Places-to-Visit/Upper-Newport-Bay-ER. Accessed July 28,
2020.
City of Newport Beach, 2006. Newport Beach General Plan, Chapter 8: Recreation Element.
Available at:
https://www.newportbeachca.gov/PLN/General_Plan/09_Ch8_Recreation_web.pdf.
Accessed July 6, 2020.
3. Environmental Setting, Impacts and Mitigation Measures
3.14 Recreation
Bayside Family Resort Hotel 3.14-11 ESA / 180261
Draft Environmental Impact Report July 2020
City of Newport Beach, 2020a. City of Newport Beach Website, Bike Facilities and Information.
Available at: https://www.newportbeachca.gov/government/departments/recreation-senior-
services/bike-walking-trails/bike-facilities-information. Accessed July 6, 2020.
City of Newport Beach, 2020b. City of Newport Beach Website, Parks and Facilities. Available
at: https://www.newportbeachca.gov/government/departments/recreation-senior-
services/parks-and-facilities. Accessed July 6, 2020.
City of Newport Beach, 2020c. City of Newport Beach Website, Walking Trails Maps. Available
at: https://www.newportbeachca.gov/government/departments/recreation-senior-
services/bike-walking-trails/walking-trail-maps. Accessed July 6, 2020.
Newport Bay Conservancy, 2019. Map. Available at: https://i2.wp.com/newportbay.org/wp-
content/uploads/2018/06/Large-Map-Panel-Newport-Bay-8.5x11-Final.jpeg. Accessed July
6, 2020.
Newport Beach GIS, 2020. Map Viewer, Newport Beach – GIS Park Search. Available at:
http://nbgis.newportbeachca.gov/NewportHTML5Viewer/?viewer=publicsite&runWorkflo
w=Park_Search_StartUp&TAG=FACIL_002. Accessed January 28, 2020.