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Home My WebLink AboutGovernor's Office of Planning and Research LetterMakana Nova City of Newport Beach Planning Department 3300 Newport Boulevard Newport Beach, CA 92658 Subject: Beauchamp General Plan and Coastal Land Use Plan Amendments SCH #: 2010011023 Dear Makana Nova: The State Clearinghouse submitted the above named Mitigated Negative Declaration to selected state agencies for review. On the enclosed Document Details Report please note that the Clearinghouse has listed the state agencies that reviewed your document. The review period closed on February 10, 2010, and the comments from the responding agency (ies) is (are) enclosed. If this comment package is not in order, please notify the State Clearinghouse immediately. Please refer to the project's ten -digit State Clearinghouse number in future correspondence so that we may respond- promptly. Please note that Section 21104(c) of the California Public Resources Code states that: "A responsible or other public agency shall only make substantive comments regarding those activities involved in a project which are within an area of expertise of the agency or which are . required to be carried out or approved by the agency. Those comments shall be supported by specific documentation." These comments are forwarded for use in preparing your final environmental document. Should you need more information or clarification of the enclosed comments, we recommend that you contact the commenting agency directly. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to the California Environmental Quality Act. Please contact the State Clearinghouse at (916) 445 -0613 if you have any questions regarding the environmental review process. Sincerely, colt Morgan Acting Director, State Clearinghouse Enclosures cc: Resources Agency PLANNING DEPARTMENT MAR 12010 CITY OF NEWPORT BEACH 140010th Street P.O. Box 3044 Sacramento, California 95812 -3044 (916) 445 -0613 FAX (916) 323.3018 www.opr.ca.gov \` STATE OF CALIFORNIA GOVERNOR'S OFFICE of PLANNING AND RESEARCH STATE CLEARINGHOUSE AND PLANNING UNIT ARNOLD SCHWARZENEGGER - CYNTHTABRYANT GOVERNOR DmaroR February 11, 2010 Makana Nova City of Newport Beach Planning Department 3300 Newport Boulevard Newport Beach, CA 92658 Subject: Beauchamp General Plan and Coastal Land Use Plan Amendments SCH #: 2010011023 Dear Makana Nova: The State Clearinghouse submitted the above named Mitigated Negative Declaration to selected state agencies for review. On the enclosed Document Details Report please note that the Clearinghouse has listed the state agencies that reviewed your document. The review period closed on February 10, 2010, and the comments from the responding agency (ies) is (are) enclosed. If this comment package is not in order, please notify the State Clearinghouse immediately. Please refer to the project's ten -digit State Clearinghouse number in future correspondence so that we may respond- promptly. Please note that Section 21104(c) of the California Public Resources Code states that: "A responsible or other public agency shall only make substantive comments regarding those activities involved in a project which are within an area of expertise of the agency or which are . required to be carried out or approved by the agency. Those comments shall be supported by specific documentation." These comments are forwarded for use in preparing your final environmental document. Should you need more information or clarification of the enclosed comments, we recommend that you contact the commenting agency directly. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to the California Environmental Quality Act. Please contact the State Clearinghouse at (916) 445 -0613 if you have any questions regarding the environmental review process. Sincerely, colt Morgan Acting Director, State Clearinghouse Enclosures cc: Resources Agency PLANNING DEPARTMENT MAR 12010 CITY OF NEWPORT BEACH 140010th Street P.O. Box 3044 Sacramento, California 95812 -3044 (916) 445 -0613 FAX (916) 323.3018 www.opr.ca.gov Document Details Report State Clearinghouse Data Base SCH# 2010011023 Project Title Beauchamp General Plan and Coastal Land Use Plan Amendments Lead Agency Newport Beach, City of Type MND Mitigated Negative Declaration Description The proposed project involves a General Plan Amendment and a Coastal Land Use Plan Amendment to change the existing land use designations of the project site from PR (Parks and Recreation) to RS -D (Single Unit Residential Detached) and RSD -B (Single Unit Residential Detaches), respectively. The proposed land use change would provide consistency with the existing land use from a private tennis club to single -unit dwellings. The R -1 (single - family residential) Zoning District allows for the development of a maximum of 5 dwelling units on the subject properties. The analysis includes a conceptual development plan to analyze the potential environmental impacts of the land use change which includes the development of a maximum of 5, detached, single -unit dwellings that would comply With the maximum floor area limit as required by Chapter 20.10 of the Zoning Code. Lead Agency Contact Name Makana Nova Agency City of Newport Beach Planning Department Phone (949) 644 -3249 Fax email Address 3300 Newport Boulevard City Newport Beach State CA Zip 92658 Project Location - County Orange City Newport Beach Region Lat /Long Cross Streets East Balboa Blvd & I St Parcel No. 048 - 240 -20,23 Township Range Section 35,36 Base Proximity to: Highways Pacific Coast Hwy 1 Airports Railways Waterways Newport Bay, Newport Harbor, Pacific Ocean Schools Newport ES Land Use PLU: Private Tennis Club Z: R -1 (Single - Family Residential) GP: PR (Parks and Recreation) Project Issues Reviewing Resources Agency; California Coastal Commission; Department of Fish and Game, Region 5; Agencies Department of Parks and Recreation; Department of Water Resources; California Highway Patrol; Caltrans, District 12; Regional Water Quality Control Board, Region 8; Native American Heritage Commission Date Received 01/12/2010 StartofRevfew 01/12/2010 EndofReview 02/10/2010 Note: Blanks in data fields result from insufficient information provided by lead agency. NATIVE AMERICAN HERITAGE COMMISSION 915 CAPITOL MALL, ROOM 364 SACRAMENTO, CA 95814 (916) 653 -6251 Fax (916) 657 -5390 Web Site www.naho.ca.gov e-mail: tle_nehc ®pacbell.net February 2, 2010 Z.•lo•l0 Ms. Makana Nova, Assistant Planner (2 CITY OF NEWPORT BEACH PLANNING DEPARTMENT 3300 Newport Boulevard Newport Beach, CA 92658 Jr 9 FEB 4 2010 STATE CLEARING HOUSE Re: SCH #2010011023 CEQA Notice of Completion: draft Initial Study and Mitigated Negative Declaration for the Beauchamp General Plan and Coastal Land Use Plan Amendments Project: proposes significant development of Balboa Peninsular: City of Newport Beach: Orange County, California Dear Ms. Nova: The Native American Heritage Commission (NAHC) is the state 'trustee agency' pursuant to Public Resources Code §21070 for the protection and preservation of California's Native American Cultural Resources.. (Also see Environmental Protection Information Center v. Johnson (1985) 170 Cal App. 3rd 604) The California Environmental Quality Act (CEQA - CA Public Resources Code §21000- 21177, amended in 2009) requires that any project that causes a substantial adverse change in the significance of an historical resource, that includes archaeological resources, is a 'significant effect' requiring the preparation of an Environmental Impact Report (EIR) per the California Code of Regulations §15064.5(b)(c)(f) CEQA guidelines). Section 15382 of the CEQA Guidelines defines a significant impact on the environment as "a substantial, or potentially substantial, adverse change in any of physical conditions within an area affected by the proposed project, including ... objects of historic or aesthetic significance." In order to comply with this provision, the lead agency is required to assess whether the project will have an adverse impact on these resources within the'area of potential effect (APE)', and if so, to mitigate that effect. To adequately assess the project - related impacts on historical resources, the Commission recommends the following. The Native American Heritage Commission did perform a Sacred Lands File (SLF) search in the NAHC SLF Inventory, established by the Legislature pursuant to Public Resources Code §5097.94(a) and Native American Cultural resources were identified within one -half mile of the APE. The NAHC does not agree with the City's statement in the 'Draft Initial Study' that there are -. 'Less Than Significant Cultural Resources in the APE' There are numerous Native American cultural resources in and close to the project area. Early consultation with Native American tribes in your area is the best way to avoid unanticipated discoveries once a project is underway. Enclosed are the names of the nearest tribes and interested Native American individuals that the NAHC recommends as'consulting parties,' for this purpose, that may have knowledge of the religious and cultural significance of the historic properties in the project area (e.g. APE). We recommend that you contact persons on the attached list of Native American contacts. A Native American Tribe or Tribal Elder may be the only source of information about a cultural resource. Also, the NAHC recommends that a Native American Monitor or Native American culturally knowledgeable person be employed whenever a professional archaeologist is employed during the'lnitial Study' and in other phases of the environmental planning processes.. Furthermore we suggest that you contact the California Historic Resources Information System (CHRIS) at the Office of Historic Preservation (OHP) Coordinator's office (at (916) 653 -7278, for referral to the nearest OHP Information Center of which there are 11. Consultation with tribes and interested Native American tribes and interested Native American individuals, as consulting parties, on the NAHC list ,should be conducted in compliance with the requirements of federal NEPA (42 U.S.C. 4321 - 43351) and Section 106 and 4(f) of federal NHPA (16 U.S.C. 470 [f)jetse), 36 CFR Part 800.3, the President's Council on Environmental Quality (CSQ; 42 U.S.C. 4371 et seq) and NAGPRA (25 U.S.C. 3001 - 3013), as appropriate.. Lead agencies should consider avoidance, as defined in Section 15370 of the California Environmental Quality Act (CEQA) when significant cultural resources could be affected by a project. Also, Public Resources Code Section 5097.98 and Health & Safety Code Section 7050.5 provide for provisions for accidentally discovered archeological resources during construction and mandate the processes to be followed in the event of an accidental discovery of any human remains in a project location other than a 'dedicated cemetery. Discussion of these should be included in your environmental documents, as appropriate. The authority for the SLF record search of the NAHC Sacred Lands Inventory, established by the California Legislature, is California Public Resources Code §5097.94(a) and is exempt from the CA Public Records Act (c.f. California Government Code §6254.10). The results of the SLF search are confidential. However, Native Americans on the attached contact list are not prohibited from and may wish to reveal the nature of identified cultural resources/historic properties. Confidentiality of "historic properties of religious and cultural significance' may also be protected the under Section 304 of the NHPA or at the Secretary of the Interior' discretion if not eligible for listing on the National Register of Historic Places. The Secretary may also be advised by the federal Indian Religious Freedom Act (cf. 42 U.S.C, 1996) in issuing a decision on whether or not to disclose items of religious and /or cultural significance identified in or near the APE and possibly threatened by proposed project activity. CEQA Guidelines, Section 15064.5(d) requires the lead agency to work with the Native Americans identified by this Commission if the initial Study identifies the presence or likely presence of Native American human remains within the APE. CEQA Guidelines provide for agreements with Native American, identified by the NAHC, to assure the appropriate and dignified treatment of Native American human remains and any associated grave liens. Health and Safety Code §7050.5, Public Resources Code §5097.98 and Sec. §15064.5 (d) of the California Code of Regulations (CEQA Guidelines) mandate procedures to be followed, including that construction or excavation be stopped in the event of an accidental discovery of any human remains in a location other than a dedicated cemetery until the county coroner or medical examiner can determine whether the remains are those of a Native American.. Note that §7052 of the Health & Safety Code states that disturbance of Native American cemeteries is a felony. Again. Lead agencies should consider avoidance, as defined in §15370 of the California Code of Regulations (CEQA Guidelines), when significant cultural resources are discovered during the course of oroiect planning and implementation feel free to�oritact me at (916) 653 -6251 if you have any questions. t /) Dave Sir Program Attachment: List of Native American Contacts Cc: State Clearinghouse