HomeMy WebLinkAbout2012-9 - Adopting a MND for the Newport Beach Country ClubRESOLUTION NO. 2012 -9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH ADOPTING MITIGATED NEGATIVE
DECLARATION NO. ND2010 -008 FOR THE NEWPORT BEACH
COUNTRY CLUB PROPERTY LOCATED AT 1600 & 1602 EAST
COAST HIGHWAY (PA2005 -140)
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Golf Realty Fund, with respect to property located at 1600 &
1602 East Coast Highway, and legally described as Parcels 1 and 3 of Parcel Map No.
79 -704 and Parcel 1 and Parcel 2 of Parcel Map 94 -102, requesting an approval to
redevelop the existing private golf course and tennis club of the Newport Beach Country
Club. The application included the following requests:
a. A Planned Community Development Plan adoption to provide development
standards and design guidelines for the golf course and tennis club and their
ancillary uses, pursuant to Chapter 20.63 of the Municipal Code.
b. A Transfer of Development Rights to transfer 27 hotel units from Anomaly No.
43 (Newport Beach Marriott Hotel and Spa site) to Anomaly No. 46 (the Tennis
Club site), pursuant to General Plan Land Use Policies LU4.3 and LU6.14.3.
C. A Site Development Permit to allow the construction of 35,000 square -foot golf
clubhouse and parking lot, twenty -seven (27) hotel units with a 2,170 square -
foot concierge and guest meeting facility and a 7,490 square -foot spa /fitness
center, five (5) single -unit residential dwellings, a 3,725 square -foot tennis
clubhouse, and one lighted stadium - center tennis court, pursuant to the Section
4.3 of the Newport Beach Country Planned Community Development Plan.
d. A Vesting Tentative Tract Map to create separate lots for five (5) single -unit
residential dwellings, twenty (27) hotel units, tennis club facility, lettered lots for
common areas and a private street, pursuant to Title 19 of the Municipal Code.
e. A Limited Term Permit (Temporary Structures and Uses) to allow temporary use
of structures during construction pursuant to Section 20.60.015 of the Municipal
Code.
f. A Development Agreement pursuant to Section 15.45.020.A.2.c of the
Municipal Code which requires a development agreement as the project
includes a zoning code amendment and new non - residential development in
Statistical Area L1 (Newport Center /Fashion Island) and General Plan Land
Use Policy LU6.14.8 which requires a development agreement since the
proposed project is a mixed -use development project and the proposed five (5)
single - family units will be drawn from the 450 residential units allocated for the
Newport Center /Fashion Island.
2. The application was deemed complete on November 5, 2009; and pursuant to Ordinance
No. 2010 -21, the application is being considered and evaluated pursuant to the Zoning
Code in effect prior to November 25, 2010.
3. The Planning Commission held public hearings on August 4, 2011, October 20, 2011,
and November 17, 2011. At the November 171i hearing with a vote of 3 -2, the Planning
Commission adopted Resolution No. 1861, recommending the City Council to:
a. Adopt Mitigated Negative Declaration No. ND2010 -008, an Errata to the
Mitigated Negative Declaration, and the Mitigation Monitoring and Reporting
Program;
b. Approve Planned Community Development Plan No. PC2005 -002, as proposed
by staff, for the project site which includes the Golf Club and Tennis Club sites;
C. Approve a conversion of 17 tennis courts to 27 hotel units and deny Transfer of
Development Rights No. TD2010 -003;
d. Approve Site Development Permit No. SD2011 -002 and Limited Term Permit
No. XP2011 -004, as proposed by the applicant, for the improvements to the
Tennis Club portion of the project site reserving for future consideration the
identification of improvements to the Golf Club portion of the project site;
e. Approve Vesting Tentative Tract Map No. NT2005 -003 as proposed by the
applicant; and
f. Approve Development Agreement No. DA2008 -001.
4. The City Council public hearing was held on January 24, 2012, in the City Hall Council
Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place
and purpose of the meeting was given in accordance with the Newport Beach
Municipal Code. Evidence, both written and oral, was presented to, and considered by,
the City Council at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. An Initial Study and Mitigated Negative Declaration have been prepared in compliance
with the California Environmental Quality Act (CEQA), the State CEQA Guidelines,
and City Council Policy K -3.
2. The draft Mitigated Negative Declaration was circulated for a 30 -day comment period
beginning on September 20, 2010, and ending on October 19, 2010. The contents of
the environmental document and comments on the document were considered by the
City Council in its review of the proposed project.
Tmplt: 03/08/11
3. An Errata has been prepared which clarifies and augments data in the document in
responses to comments, and supports the conclusions reached in the draft MND.
Consistent with CEQA Guidelines section 15073.5(c), recirculation of the MND is not
required when new information is added to the MND which merely clarifies, amplifies,
or makes insignificant modifications to the MND.
4. On the basis of the entire environmental review record, the proposed project, with
mitigation measures, will have a less than significant impact upon the environment and
there are no known substantial adverse affects on human beings that would be
caused. Additionally, there are no long -term environmental goals that would be
compromised by the project, nor cumulative impacts anticipated in connection with the
project. The mitigation measures identified and incorporated in the Mitigation
Monitoring and Reporting Program are feasible and will reduce the potential
environmental impacts to less than significant levels.
5. The City Council finds that judicial challenges to the City's CEQA determinations and
approvals of land use projects are costly and time consuming. In addition, project
opponents often seek an award of attorneys' fees in such challenges. As project
applicants are the primary beneficiaries of such approvals, it is appropriate that such
applicants should bear the expense of defending against any such judicial challenge,
and bear the responsibility for any costs, attorneys' fees, and damages which may be
awarded to a successful challenger.
SECTION 3. DECISION.
1. The City Council of the City of Newport Beach does hereby find, on the basis of the
whole record, that there is no substantial evidence that the project will have a significant
effect on the environment and that the Mitigated Negative Declaration reflects the City
Council's independent judgment and analysis. The City Council hereby adopts Mitigated
Negative Declaration, including an Errata to Mitigated Negative Declaration and the
Mitigation Monitoring and Reporting Program attached as Exhibit "A ". The document
and all material, which constitute the record upon which this decision was based, are
on file with the Community Development Department, City Hall, 3300 Newport
Boulevard, Newport Beach, California.
2. The City Council finds that judicial challenges to the City's CEQA determinations and
approvals of land use projects are costly and time consuming. In addition, project
opponents often seek an award of attorneys' fees in such challenges. As project
applicants are the primary beneficiaries of such approvals, it is appropriate that such
applicants should bear the expense of defending against any such judicial challenge,
and bear the responsibility for any costs, attorneys' fees, and damages which may be
awarded to a successful challenger.
3. This resolution shall take effect immediately upon adoption.
4. This approval was based on the particulars of the individual case and does not in and
of itself or in combination with other approvals in the vicinity or Citywide constitute a
precedent for future approvals or decisions.
Tmplt: 03/06/11
5. This resolution was approved, passed and adopted at a regular meeting of the City
Council of the City of Newport Beach, held on the 20 day of January, 2012, by the
following vote, to wit:
HI I av
Leilani Brown, City Clerk
Tmplt: 03/08/11
Exhibit A
Mitigated Negative Declaration, Errata to Mitigated
Negative Declaration, and the
Mitigation Monitoring and Reporting Program
CITY OF NEWPORT BEACH
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92658 -8915
(949) 6443200
Notice K Intent"
to Adopt a
To:
From:
Office of Planning and Research
City of Newport Beach Planning Department
El State Clearinghouse
3300 Newport Boulevard
P.O. BOX 3044
P.O. Box 1768
Sacramento, CA 95812 -3044
Newport Beach, CA 92658 -8915
County Clerk, County of Orange
0 Public Services Division
Date: 911 612 01 0
Santa Ana, CA 92702
Public Review Period:
30 days (September 20, 2010 to October 19, 2010)
Project Name:
Newport Beach Country Club (PA 2005 -140)
Project Location:
1600 —1602 East Coast Highway, Newport Beach, CA 92660
Demolition of the existing tennis and golf clubhouses and the construction of a new
tennis clubhouse (3,735 square feet) and golf clubhouse (35,000 square feet) and
Project Description:
ancillary facilities (i.e., cart bam). The applicant is also proposing to construct 27
"Bungalows ")
short-term visitor- serving units ( and Bungalow spa/fitness area and
concierge and guest meeting facilities; and five single - family residential dwelling units
"Villas" on the subject property.
Finding: Pursuant to the provisions of City Council K -3 pertaining to procedures and guidelines to -
implement the California Environmental Quality Act, the City of Newport Beach has evaluated the
proposed project and determined that the proposed project would not have a significant effect on the
environment.
A copy of the Initial Study containing the analysis supporting this finding is ® attached ❑ on file at
the Planning Department. The Initial Study may include mitigation measures that would eliminate or
reduce potential environmental impacts. This document will be considered by the decision- maker(s)
prior to final action on the proposed project. If a public hearing will be held to consider this project, a
notice of the time and location is attached.
Additional plans, studies and/or exhibits relating to the proposed project may be available for public
review. If you would like to examine these materials, you are invited to contact the undersigned.
If you wish to appeal the appropriateness or adequacy of this document, your comments should be
submitted in writing prior to the dose of the public review period. Your comments should specifically
identify what environmental impacts you believe would result from the project, why they are significant,
and what changes or mitigation measures you believe should be adopted to eliminate or reduce these
impacts. There is no fee for this appeal. If a public hearing will be held, you are also invited to attend
and testify as to the appropriateness of this document.
If you have any questions or would like further information, please contact the undersigned.
Planner, Title
Contact No.
Email
Date
Rosalinh Un , Assoc. Planner
949 644 -3208
run new ortbeachca. ov
September 16, 2010
Updated 01 -12 -10
C:Wocuments and SeuingsVAy FilesWKC- 01,17,N6 COUNTRY CLUB1Final Initial StudyWOLCity ofNB.doc
NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140)
INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION
Page 1
CITY OF NEWPORT BEACH
ENVIRONMENTAL CHECKLIST FORM
1. Project Title: Newport Beach Country Club Planned Community (PA2005 -140)
2. Lead Agency Name and Address: City of Newport Beach
Planning Department
3300 Newport Boulevard,
Newport Beach, CA 92658 -8915
3. Contact Person and Phone Number: Rosalinh Ung, Planning Department
Rung@newportbeachca.gov
(949) 644 -3208
4. Project Location: 1600 -1602 East Coast Highway
Newport Beach, CA
5. Project Sponsor's Name and Address: Byron de Arakal
180 Newport Center Drive, Suite 219
Newport Beach, CA 92660
6. General Plan Designation: MU -H3 (Mixed Use Horizontal)
PR (Parks and Recreation)
7. Zoning: Newport Beach Country Club Planned Community
8. Introduction:
The subject property is currently occupied by the Newport Beach Country Club (the "Golf Club ") and The
Tennis Club formerly known as the Balboa Bay Racquet Club (the "Tennis Club "), which are located
within the Newport Beach Country Club Planned Community (PC) District that was adopted in 1997 by
Ordinance No. 97 -10. The Tennis Club and the Golf Club facilities total approximately 145 acres. The
adopted Land Use Element designates the Tennis Club site as Mixed Use — Horizontal 3 (MU -H3). The
Golf Club is designated as Park and Recreation (PR). The applicant is proposing a Planned Community
Text adoption, Transfer of Development Rights, Vesting Tentative Tract Map, Coastal Development
Permit, and Development Agreement to implement the proposed project. A PC District Text was not
adopted when the PC District zoning was adopted in 1997. The proposed Planned Community Text is
intended to provide for the classification and development of parcels of land as a coordinated, cohesive,
comprehensive large -scale planning project as set forth in Chapter 20.35.010 of the Newport Beach
Zoning Code. The proposed Planned Community Text allows for limited mixed uses, including the private
Tennis Club, the private Golf Clubhouse, 'The Bungalows" (a small boutique hotel consisting of twenty-
seven short-term visitor- serving units, a spa/fitness area, and concierge and guest meeting facilities), and
the Villas consist of five single -unit, semi - custom residential dwelling units.
9. Project Description:
Project Location
The subject property (refer to the Vicinity Map), encompasses approximately 145 acres adjacent to
Fashion Island in the City of Newport Beach. The site is generally bordered by East Coast Highway on
the south, Jamboree Road on the West, Santa Barbara Avenue and Newport Center on the north, and
Corporate Plaza West on the east and south.
NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140)
INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION
Page 2
Existing Improvements
The Tennis Club presently consists of 24 tennis courts, a 3,725 square foot Tennis Clubhouse, and 125
surface parking spaces. The Golf Club presently consists of a 6,587 -yard, championship 18 -hole golf
course with returning nines and related practice and golf club facilities, a 23,460 square foot Golf
Clubhouse, golf cart storage barn (6,050 square feet), a greens keeper building (2,010 square feet),
men's and women's restroom facilities (630 square feet), a 180- square foot snack bar, and 140- square
foot starter shack. The Golf Clubhouse parking lot is located directly off East Coast Highway and
includes 420 surface parking spaces. Exhibit 1 illustrates the existing improvements.
Proposed Improvements
The demolition of the existing Tennis Clubhouse and Golf Clubhouse;
The construction of new Tennis Clubhouse and Golf Clubhouse;
The construction of The Bungalows (a small boutique hotel consisting of twenty -seven
short -term visitor- serving units, a spa/fitness area, and concierge and guest meeting
facilities)'; and
The construction of The Villas (five single- family residential dwelling units).
Table 1 provides a summary of the proposed project.
'All references to the "Bungalows" mean the small boutique hotel consisting of twenty-seven short-term visitor -
serving rental units, a spa /fitness area, and concierge and guest meeting facilities.
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NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140)
INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION
Page 4
Table 1
Summary of Proposed Uses
The Golf Club and The Tennis Club
Existing Pro'ect
Proposed Pro'ect
Golf Clubhouse
Component
Floor Areas . ft.
Com onent
Floor Areas . ft.
1� Floor Clubhouse
20,702
1s Floor Clubhouse
18,069
-P Floor Clubhouse
2,758
2" Floor
16,931
Total
23,460
Total
35,000
Cart Barn
6,050
Cart Storage
5,834
Snack Bar
180
Snack Bar
180
Restroom Facilities
630
Restroom Facilities
630
Greens Keeper
2,010
Greens Kee er
2,010
Starter Shack
140
Starter Shack
140
Total
32,470
Total
43,794
Tennis Clubhouse & Courts
Com onent
Floor Areas . ft.
Component
Floor Area sq. ft.
1 Floor Clubhouse
3,725
1s Floor Clubhouse
3,725
24 Courts
1 7 Courts
Total
3,725
1 Total
3,725
Bungalows
Component
Floor Areas . ft.
Component
Floor Areas . ft.
13 Golf Bungalows
N/A
14 Tennis Bungalows
N/A
Spa
7,490
Concierge & Guest
Meeting Facility
2,170
Total
9,666'
Villas
Component
Floor Areas . ft.
Component
Floor Areas . ft.
5 SFR
N/A
Total
NIA
Building Heights
Component
Height ft.
Component
Height ft.
Golf Clubhouse
23' -9"
Golf Clubhouse
50
Tennis Clubhouse
Tennis Clubhouse
30
Villas
35
Bun alows
31
Cart Barn
12' -0"
Greens Keeper
18' -0"
Greens Keeper
18' -0
'Exempt from General Plan Development Limit - Ancillary to Golf Course
2Exempt from General Plan Development Limit - Ancillary to Hotel use
NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140)
INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION
Page 5
Each of the project components proposed for the Property is illustrated on Exhibit 2 and described below.
Tennis Clubhouse and Center Court
The Tennis Club portion of the project proposes seven tennis courts, six of which are existing,
plus a new stadium center court and construction of a new Tennis Clubhouse (3,725 square feet).
The existing Tennis Clubhouse is approximately 3,725 square feet with 24 tennis courts. Thirty -
eight (3B) parking spaces are provided for the Tennis Clubhouse.
The Bungalows
As noted above, the proposed Bungalows consist of a small boutique hotel comprised of twenty -
seven (27) short-term visitor- serving units, a Concierge & Guest - Meeting Facility, and The
Bungalow Spa. A total of 50 parking spaces is proposed for the Bungalows.
The Villas
Five (5) single - family residential dwelling units will be constructed adjacent to the Tennis Club
and 9" green of the golf course. These dwelling units will range in size from 2,201 square feet
(Plan A) to 5,297 square feet (Plan D). Twenty (20) parking spaces are proposed to
accommodate The Villas.
Golf Club Parking Lot and Private Hand Car Wash
The Golf Club Parking Lot and Entry will be redesigned to provide 300 on -site parking spaces. In
addition, an existing offsite Parking Agreement will continue to provide 554 parking spaces to
supplement the onsite Golf Club parking. The access easement that exists along the frontage of
PCH will be eliminated. In addition, a private hand car wash is also proposed within the parking
lot in the vicinity of Country Club Drive (refer to Exhibit 3). The area identified to accommodate
this project feature encompasses approximately 240 square feet (i.e., 12 feet wide and 20 feet
long). Use of the private hand car wash is limited to tennis and golf club members only.
Golf Clubhouse
The existing Golf Clubhouse will be demolished and a new Golf Clubhouse encompassing 40,834
square feet, including banquet/event facilities that can accommodate dining and special events
(e.g., weddings, banquets, etc.), will be constructed in its place. This clubhouse will include both
men's and women's locker rooms.
_Exhibit 2
MASTER PLAN
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NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140)
INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION
Page 8
Project Phasing — Tennis Club
The Tennis Club component of the proposed project will be implemented in four (4) construction and
demolition phases that are anticipated to occur over a period of approximately 38 months. The demolition
and construction activities of the Tennis Club component of the proposed project are identified and
described in Table 2.
Table 2
Tennis Club Development Phasing
The phasing plans for the Tennis club are related facilities are illustrated in Exhibit 4 through 10.
Duration
Phase
Description
Months
1
Construct Tem ora Modular Clubhouse
1
Demolition
1
Construct The Villas (3), Private Street, New Tennis
2
Clubhouse and Parkin Lots
14
Demolition
1
Construct Center Court and Bungalow Pool
3
3
Demolition
1
Construct Golf and Tennis Bungalows and Remaining
4
Villas
15
Total Schedule
36
'Anticipated Start date is September 2011.
SOURCE: The Templeton Planning Group Jul 2010
The phasing plans for the Tennis club are related facilities are illustrated in Exhibit 4 through 10.
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NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140)
INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION
Page 16
Project Phasing — Golf Clubhouse
The Golf Clubhouse component of the proposed project will be implemented in four (4) discrete
development phases. Although a definitive schedule has not been developed, demolition and
construction of this component are anticipated to occur over a period of approximately 34 months, as
described in Table 3.
Table 3
Golf Clubhouse Development Phasing
The phasing plans for the Golf club are related facilities are illustrated in Exhibit 11 through 18.
Duration
Phase
Description
INonths
1
Demolition
1
Construct East Side Parking Lot and PCH Ent
4
Demolition
1
2
Construct West Side Parking Lot and Temporary Golf Club
6
Demolition
2
3
Construct New Golf Clubhouse
14
Demolition
2
4
Construct Greenskeeper Area and Golf Porte Cache and
4
Parkin
Total Schedule
34
'Start date to determined.
'Includes car wash.
SOURCE: The Templeton Planning Group Jul 2010
The phasing plans for the Golf club are related facilities are illustrated in Exhibit 11 through 18.
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Exhibit 12
GOLF CLUB
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GULF CLUB
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• Portion of C;ourvikupor Area
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parking fat
i LEGEND
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Ii
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Planned Community
a'
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Exhibit 18
GOLFCLUB
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PRASE IV - CONSTRUCTION
i
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NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140)
INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION
Page 25
Discretionary Approvals
Implementation of the proposed project will require approval of the following discretionary approvals by
the City of Newport Beach:
Planned Community Text Adoption
Transfer of Development Rights
Approval -in- Concept for Coastal Development Permit
Vesting Tentative Tract Map (Tennis Component)
Development Agreement
Temporary Use Permit
10. Surrounding Land Uses and Setting:
East Coast Highway abuts the site along a portion of the southern property boundary. In addition, the
Armstrong Garden Center and residential homes are also located along the southern property boundary.
Residential development west of Granville Drive and office buildings are located east and southeast of
the site, respectively. The Marriott Hotel is also located east of the golf course. Jamboree Road and
residential development are located along the western property limits. The Newport Beach Chamber of
Commerce, Santa Barbara Drive, residential development and the Newport Beach Fire Department are
located to the north.
LOCATION
GENERAL PLAN
ZONING
CURRENT USE
NB Country Club, including golf
ON -SITE
PR and MU -H3
PC -47
course, clubhouse and tennis
facilities
Newport Beach Chamber of
Commerce, Jamboree Road,
NORTH
PF, OS and RM
APF, GEIF
Santa Barbara Drive, residential
development and Newport
Beach Fire De artment
Armstrong Garden Center,
SOUTH
RS -D and PR
PC -30, R -1
residential, office development
and East Coast Highway
PC-40, RMD, APF, PC-
Marriott Hotel, office
EAST
CO -G, RM, CV, CO -R
54
development, and residential
development
WEST
OS, PF, CV, and RM
PC -21, PC -41
Residential development and
Jamboree Road
11. Other public agencies whose approval is required:
California Coastal Commission (CDP)
California Regional Water Quality Control Board (Section 401 Permit)
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9
NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (P.A2005-140)
INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION
Page 27
GENERALPLAN
k
ROW
RS-D,
40
os
.245 DL;,
41 41 *P
53
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PC-41
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NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005-140)
INITIAL STUDY AND MITIGATED NEGA'T'IVE DECLARATION
Page 28
PC -4
W
PC -21 1
r: 1
LR$Cj f
3.
z 1
a r
8
PC -39 t
PC -3®
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NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140)
INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION
Page 29
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected
by this project, involving at least one impact that is a "Potentially
Significant Impact' as indicated by the checklist on the following pages.
❑ Aesthetics
❑ Agricultural Resources
❑ Air Quality
❑ Biological Resources
❑ Cultural Resources
❑ Geology& Soils
❑ Greenhouse Gas
❑ Hazards & Hazardous Materials
❑ Land Use & Planning
❑ Hydrology & Water Quality
❑ Mineral Resources
❑ Noise
❑ Population & Housing
IT *itltt ItUT IGUI
On the basis of this initial evaluation:
❑ Public Services
❑ Recreation
❑ Transportation/Traffic
❑ Utilities & Service Systems
❑ Mandatory Findings of Significance
I find that the proposed project COULD NOT have a significant effect on the
environment, and a NEGATIVE DECLARATION will be prepared. ❑
I find that although the proposed project could have a significant effect on the
environment, there will not be a significant effect in this case because revisions
in the project have been made by or agreed to by the project proponent.
A MITIGATED NEGATIVE DECLARATION will be prepared. 0
1 find that the proposed project MAY have a significant effect on the
environment, and ENVIRONMENTAL IMPACT REPORT is required. ❑
I find that the proposed project MAY have a significant effect(s) on the
environment, but at least one effect 1) has been adequately analyzed in an
earlier document pursuant to applicable legal standards, and 2) has been
addressed by mitigation measures based on the earlier analysis as
described on attached sheets, if the effect is a "potentially significant impact'
or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT
REPORT is required, but it must analyze only the effects that remain to be
addressed. ❑
I find that although the proposed project could have a significant effect
on the environment, there WILL NOT be a significant effect in this case because
all potentially significant effects (a) have been analyzed adequately in an earlier
EIR or NEGATIVE DECLARATION pursuant to applicable standards and
(b) have been avoided or mitigated pursuant to that earlier EIR, including
revisions or mitigation measures that are imposed upon the proposed project,
nothiDaITther is reauired.� / ❑
(Cil 10
Date
l/L"A/dI/ ✓V 6k •16•10
Prepared by: Keeton K. Kreitzer, Consult9fit Date
Keeton Kreitzer Consultino
NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140)
INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION
Page 30
CITY OF NEWPORT BEACH
ENVIRONMENTAL CHECKLIST
Less Than Less than No
Significant With significant Impact
Mitigation Impact
Incorporated
I.
AESTHETICS. Would the project:
a)
Have a substantial adverse effect on a scenic vista?
❑
❑
E1
❑
b)
Substantially damage scenic resources, including, but not
limited to, trees, rock outcroppings, and historic buildings within
❑
❑
Q
❑
a state scenic highway?
C)
Substantially degrade the existing visual character or quality of
El
El
❑
11
b)
the site and its surroundings?
11
El
El
Q
d)
Create a new source of substantial light or glare which would
C1
11
Q
11
C)
adversely affect day or nighttime views in the area?
II.
AGRICULTURE AND FOREST RESOURCES. Would the project:
a)
Convert Prime Farmland, Unique Farmland, or Farmland of
Statewide Importance (Farmland), as shown on the maps
prepared pursuant to the Farmland Mapping and Monitoring
❑
❑
❑
Q
Program of the California Resources Agency, to non-
agricultural use?
b)
Conflict with existing zoning for agricultural use, or a Williamson
11
El
El
Q
Act contract?
C)
Conflict with existing zoning for agricultural use, or cause the
rezoning of, forest land (as defined in Public Resources Code
Section 12220(g)), timberland (as defined by Public Resources
❑
❑
❑
Code Section 4526), or timberland zoned Timberland
Production (as defined by Government Code Section
51104(g))?
d)
Result in the loss of forest land or conversion of forest land to
non - forest use)?
❑
❑
❑
Q
e) Involve other changes in the existing environment which, due to
their location or nature, could result in conversion of Farmland, Cl 11 Cl to non - agricultural use or conversion of forest land to non - forest
use?
III. AIR QUALITY. Would the project:
a) Conflict with or obstruct implementation of the applicable air ❑ ❑ Q ❑
quality plan?
NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140)
INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION
Page 31
Potentially Less Than Less than No
Significant Significant With Significant Impact
Impact Mitigation Impact
Incorporated
b)
Violate any air quality standard or contribute to an existing or
❑
❑
Q
❑
projected air quality violation?
sensitive, or special status species in local or regional plans,
❑ ❑ ❑ Q
C)
Result in a cumulatively considerable net increase of any
and Game or U.S. Fish and Wildlife Service?
b)
criteria pollutant for which the project region is non - attainment
other sensitive natural community identified in local or regional
❑ ❑ ❑ Q
under an applicable federal or state ambient air quality
❑
❑
Q
❑
c)
standard (including releasing emissions which exceed
as defined by Section 404 of the Clean Water Act (including, but
❑ ❑ El 21
quantitative thresholds for ozone precursors)?
removal, filling, hydrological interruption, or other means?
d)
Expose sensitive receptors to substantial pollutant
❑
1-1
Q
❑
concentrations?
native wildlife nursery sites?
e)
Create objectionable odors affecting a substantial number of
❑
❑
❑
Q
people?
f)
Conflict with the provisions of an adopted Habitat Conservation
IV.
BIOLOGICAL RESOURCES. Would the project:
a)
Have a substantial adverse effect, either directly or through
habitat modifications, on any species identified as a candidate,
sensitive, or special status species in local or regional plans,
❑ ❑ ❑ Q
policies, or regulations or by the California Department of Fish
and Game or U.S. Fish and Wildlife Service?
b)
Have a substantial adverse effect on any riparian habitat or
other sensitive natural community identified in local or regional
❑ ❑ ❑ Q
plans, policies, regulations, or by the California Department of
Fish and Game or U.S. Fish and Wildlife Service?
c)
Have a substantial adverse effect on federally protected wetlands
as defined by Section 404 of the Clean Water Act (including, but
❑ ❑ El 21
not limited to, marsh, vernal pool, coastal, etc.) through direct
removal, filling, hydrological interruption, or other means?
d)
Interfere substantially with the movement of any native resident
or migratory fish or wildlife species or with established native
❑ 11 ❑ Q
resident or migratory wildlife corridors, or impede the use of
native wildlife nursery sites?
e)
Conflict with any local policies or ordinances protecting
biological resources, such as a tree preservation policy or
❑ ❑ ❑ Q
ordinance?
f)
Conflict with the provisions of an adopted Habitat Conservation
Plan, Natural Community Conservation Plan, or other approved
Cl Cl ❑ Q
local, regional, or state habitat conservation plan?
V. CULTURAL RESOURCES. Would the project:
a) Cause a substantial adverse change in the significance of a ❑ ❑ ❑ Q
historical resource as defined in §15064.5?
NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140)
INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION
Page 32
Less Than Less than No
Significant With Significant Impact
Mitigation Impact
Incorporated
b)
Cause a substantial adverse change in the significance of an
❑
❑
Q
❑
archaeological resource pursuant to §15064.5?
c)
Directly or indirectly destroy a unique paleontological resource
❑
❑
Q
❑
or site or unique geologic feature?
d)
Disturb any human remains, including those interred outside of
❑
❑
El
Q
formal cemeteries?
VI.
GEOLOGY AND SOILS. Would the project:
a)
Expose people or structures to potential substantial adverse
effects, including the risk of loss, injury, or death involving:
i) Rupture of a known earthquake fault, as delineated on the
most recent Alquist - Priolo Earthquake Fault Zoning Map
issued by the State Geologist for the area or based on
❑
❑
Q
❑
other substantial evidence of a known fault? Refer to
Division of Mines and Geology Special Publication 42.
ii) Strong seismic ground shaking?
❑
❑
0
❑
iii) Seismic - related ground failure, including liquefaction?
❑
❑
❑
Q
iv) Landslides?
❑
❑
❑
Q
b)
Result in substantial soil erosion or the loss of topsoil?
❑
Q
❑
❑
C)
Be located on a geologic unit or soil that is unstable, or that
would become unstable as a result of the project and potentially
❑
Q
❑
❑
result in on- or off -site landslide, lateral spreading, subsidence,
liquefaction or collapse?
d)
Be located on expansive soil, as defined in Table 18- 1 -B of the
Uniform Building Code (1994), creating substantial risks to life
❑
Q
❑
Cl
or property?
e)
Have soils incapable of adequately supporting the use of septic
tanks or alternative waste water disposal systems where
❑
❑
❑
Q
sewers are not available for the disposal of waste water?
VII.
GREENHOUSE GAS EMISSIONS. Would the project:
a)
Generate greenhouse gas emissions, either directly or
indirectly, that may have a significant impact on the
❑
❑
Q
❑
environment?
b)
Conflict with an applicable plan, policy or regulation adopted for
the purpose of reducing the emissions of greenhouse gases?
11
❑
10
❑
NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140)
INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION
Page 33
Leas "Wn Less man no
ignificant With significant Impact
Mitigation Impact
Incorporated
VIII.
HAZARDS AND HAZARDOUS MATERIALS. Would the project:
a)
Create a significant hazard to the public or the environment
through routine transport, use, or disposal of hazardous
❑ ❑ ❑
materials?
b)
Create a significant hazard to the public or the environment
through reasonably foreseeable upset and accident conditions
El ❑ Cl
the release of hazardous materials into the
environment?
C)
Emit hazardous emissions or handle hazardous or acutely
hazardous materials, substances, or waste within one - quarter
❑ ❑ LEI ❑
mile of an existing or proposed school?
d)
Be located on a site which is included on a list of hazardous
materials sites which complied pursuant to Government Code
❑ ❑ ❑ Q
Section 65962.5 and, as a result, would it create a significant
hazard to the public or the environment?
e)
For a project within an airport land use plan or, where such a
plan has not been adopted, within two miles of a public airport
❑ ❑ ❑ Q
or public use airport, would the project result in a safety hazard
for people residing or working in the project area?
f)
For a project within the vicinity of a private airstrip, would the
project result in a safety hazard for people residing or working
❑ ❑ ❑
in the project area?
g)
Impair implementation of or physically interfere with an adopted
❑ ❑ Q ❑
emergency response plan or emergency evacuation plan?
h)
Expose people or structures to a significant risk of loss, injury or
death involving wildland fires, including where wildlands are
adjacent to urbanized areas or where residences are intermixed
❑ ❑ ❑ Q
with wildlands?
IX. HYDROLOGY AND WATER QUALITY. Would the project:
a) Violate any water quality standards or waste discharge ❑ ❑ ❑
requirements?
b) Substantially deplete groundwater supplies or interfere
substantially with groundwater recharge such that there would
be a net deficit in aquifer volume or a lowering of the local
groundwater table level (e.g., the production rate of pre- existing ❑ ❑ Q
nearby wells would drop to a level which would not support
existing land uses or planned uses for which permits have been
granted)?
NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140)
INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION
Page 34
C) Substantially alter the existing drainage pattern of the site or
area, including through the alteration of the course of a stream
or river, in a manner which would result in substantial erosion
or siltation on- or off -site?
d) Substantially alter the existing drainage pattern of the site or
area, including through the alteration of a course of a stream or
river, or substantially increase the rate or amount of surface
runoff in a manner which would result in flooding on or off -site?
e) Create or contribute runoff water which would exceed the
capacity of existing or planned stormwater drainage systems or
provide substantial additional sources of polluted runoff?
f) Otherwise substantially degrade water quality?
g) Place housing within a 100 -year flood hazard area as mapped
on a federal Flood Hazard Boundary or Flood Insurance Rate
Map or other flood hazard delineation map?
h) Place within a 100 -year flood hazard area structures which
would impede or redirect flood flows?
i) Expose people or structures to a significant risk of loss, injury
or death involving flooding, including flooding as a result of the
failure of a levee or dam?
D Inundation by seiche, tsunami, or mudflow?
k) Result in significant alteration of receiving water quality during
or following construction?
1) Result in a potential for discharge of stormwater pollutants from
areas of material storage, vehicle or equipment fueling, vehicle
or equipment maintenance (including washing), waste handling,
hazardous materials handling or storage, delivery areas,
loading docks or other outdoor work areas?
M) Result in the potential for discharge of stormwater to affect the
beneficial uses of the receiving waters?
n) Create the potential for significant changes in the flow velocity
or volume of stormwater runoff to cause environmental harm?
o) Create significant increases in erosion of the project site or
surrounding areas?
X. LAND USE AND PLANNING. Would the proposal:
a) Physically divide an established community?
Less Than Less than No
Significant With Significant Impact
Mitigation Impact
Incorporated
❑ ❑ Q ❑
❑ ❑ Q ❑
❑
❑
Q
❑
❑
❑
Q
❑
❑
❑
❑
Q
❑
❑
❑
Q
Cl
❑
❑
Q
❑
❑
Q
❑
❑
❑
Q
❑
❑ ❑ Q ❑
❑
❑
Q
❑
❑
❑
Q
❑
❑
❑
Q
❑
11 ❑ ❑ 2
NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140)
INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION
Page 35
Less rnan Less than No
Significant With Significant Impact
Mitigation Impact
Incorporated
b) Conflict with any applicable land use plan, policy, or regulation
of an agency with jurisdiction over the project (including, but not
limited to the general plan, specific plan, local coastal program, ❑ ❑ Q ❑
or zoning ordinance) adopted for the purpose of avoiding or
mitigating an environmental effect?
C) Conflict with any applicable habitat conservation plan or natural ❑ ❑ ❑ Q
community conservation plan?
XI. MINERAL RESOURCES. Would the project:
a) Result in the loss of availability of a known mineral resource that ❑ ❑ ❑ Q
would be of value to the region and the residents of the state?
b) Result in the loss of availability of a locally - important mineral
resource recovery site delineated on a local general plan, ❑ ❑ Cl Q
specific plan, or other land use plan?
XII. NOISE. Would the project result in:
a) Exposure of persons to or generation of noise levels in excess
of standards established in the local general plan or noise ❑ ❑ Q ❑
ordinance, or applicable standards of other agencies?
b) Exposure of persons to or generation of excessive ground El El Q ❑
borne vibration or ground borne noise levels?
C)
A substantial permanent increase in ambient noise levels in the
❑
❑
Q
❑
project vicinity above levels existing without the project?
d)
A substantial temporary or periodic increase in ambient noise
levels in the project vicinity above levels existing without the
❑
(21
❑
❑
project?
e)
For a project located within an airport land use or, where such a
plan has not been adopted, within two miles of a public airport
❑
❑
❑
Q
or public use airport, would the project expose people residing
or working in the project area to excessive noise levels?
f)
For a project within the vicinity of a private airstrip, would the
project expose people residing or working in the project area to
❑
❑
❑
Q
excessive noise levels?
XIII. POPULATION AND HOUSING. Would the project:
a) Induce substantial population growth in an area, either directly
(for example, by proposing new homes and businesses) or ❑ ❑ Q ❑
indirectly (for example, through extension of roads or other
infractn ich irPI?
NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140)
INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION
Page 36
eotenvally Less Inan Less tnan No
Significant Significant With Significant Impact
Impact Mitigation Impact
Incorporated
b)
Displace substantial numbers of existing housing, necessitating
❑ ❑ ❑ Q
the construction of replacement housing elsewhere?
C)
Displace substantial numbers of people, necessitating the
❑ ❑ ❑ Q
construction-of replacement housing elsewhere?
XIV.
PUBLIC SERVICES
a)
Would the project result in substantial adverse physical impacts
associated with the provision of new or physically altered
government facilities, need for new or physically altered
government facilities, the construction of which could cause
significant environmental impacts, in order to maintain
acceptable service ratios, response times or other performance
objectives for any of the public services:
Fire protection?
❑ ❑ Q ❑
Police protection?
❑ ❑ Q ❑
Schools?
❑ ❑ Q ❑
Other public facilities?
❑ ❑ ❑ Q
XV.
RECREATION
a)
Would the project increase the use of existing neighborhood
and regional parks or other recreational facilities such that
❑ ❑ Q ❑
substantial physical deterioration of the facility would occur or
be accelerated?
b)
Does the project include recreational facilities or require the
construction of or expansion of recreational facilities which
❑ ❑ ❑ Q
might have an adverse physical effect on the environment?
Opportunities?
XVI.
TRANSPORTATION/TRAFFIC Would the project:
a)
Conflict with an applicable plan, ordinance or policy
establishing measures of effectiveness for the performance of
the circulation system, taking into account all modes of
transportation, including mass transit and non - motorized travel
❑ Q ❑ ❑
and relevant components of the circulation system, including
but not limited to intersections, streets, highways and freeways,
pedestrian and bicycle paths, and mass transit?
NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140)
INITIAL-STUDY AND MITIGATED NEGATIVE DECLARATION
Page 37
roEentiauy Less Inan Less man NO
Significant Significant With Significant Impact
Impact Mitigation Impact
Incorporated
b)
Conflict with an applicable congestion management program,
including, but not limited to level of service standard and travel
a)
demand measures, or other standards established by the
❑
❑
❑
Q
county congestion management agency for designated roads
b)
or highways?
C)
Result in a change in air traffic patterns, including either an
❑
❑
❑
Q
increase in traffic levels or a change in location that results in
❑
❑
❑
Q
substantial safety risks?
d)
Substantially increase hazards due to a design feature (e.g.,
sharp curves or dangerous intersections) or incompatible uses
❑
❑
Q
❑
(e.g., farm equipment)?
e)
Result in inadequate emergency access?
❑
❑
Q
❑
f)
Conflict with adopted policies, plans, or programs supporting
❑
❑
Q
❑
altemative transportation (e.g., bus turnouts, bicycle racks)?
❑
❑
Q
❑
XVII.
UTILITIES & SERVICE SYSTEMS
Would the project:
a)
Exceed wastewater treatment requirements of the applicable
❑
11
El
Q
Regional Water Quality Control Board?
b)
Require or result in the construction of new water or wastewater
treatment facilities or expansion of existing facilities, the
❑
❑
❑
Q
construction of which could cause significant environmental
effects?
C)
Require or result in the construction of new storm water
drainage facilities or expansion of existing facilities, the
❑
❑
Q
❑
construction of which could cause significant environmental
effects?
d)
Have sufficient water supplies available to serve the project
from existing entitlements and resources, or are new or
❑
❑
Q
❑
expanded entitlements needed?
e)
Result in a determination by the wastewater treatment provider,
which serves or may serve the project that it has adequate
❑
❑
❑
Q
capacity to serve the project's projected demand in addition to
the provider's existing commitments?
f)
Be served by a landfill with sufficient permitted capacity to
El
13
Q
11
accommodate the project's solid waste disposal needs?
g)
Comply with federal, state, and local statutes and regulations
related to solid waste?
❑
❑
Q
❑
NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140)
- INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION
Page 38
Significant With significant Impact
Mitigation Impact
Incorporated
XVIII: MANDATORY FINDINGS OF SIGNIFICANCE.
a) Does the project have the potential to degrade the quality of the
environment, substantially reduce the habitat of a fish or wildlife
species, cause a fish or wildlife population to drop below self -
sustaining levels, threaten to eliminate a plant or animal ❑ ❑ Q
community, reduce the number or restrict the range of a rare or
endangered plant or animal or eliminate important examples of
the major period of California history or prehistory?
b) Does the project have impacts that are individually limited, but
cumulatively considerable? ( "Cumulatively considerable"
means that the incremental effects of a project are considerable ❑ ❑ Q
when viewed in connection with the effects of past projects, the
effects of other current projects, and the effects of probable
future projects.)
C) Does the project have environmental effects which will cause
substantial adverse effects on human beings, either directly or ❑ Q ❑
This section of the Initial Study evaluates the potential environmental impacts of the
proposed project and provides explanations of the responses to the Environmental
Checklist. The environmental analysis in this section is patterned after the questions
in the Environmental Checklist. Under each issue area, a general discussion of the
existing conditions is provided according to the environmental analysis of the
proposed Project's impacts. To each question, there are four possible responses:
o No Impact. The proposed project will not have any measurable environmental
impact on the environment.
C Less Than Significant Impact The proposed project will have the potential for
impacting the environment, although this impact will be below thresholds that may be
considered significant.
Less Than Significant With Mitigation Incorporated. The proposed project will
have potentially significant adverse impacts which may exceed established
thresholds; however, mitigation measures or changes to the proposed project's
physical or operational characteristics will reduce these impacts to levels that are less
than significant. Those mitigation measures are specified in the following sections.
Each recommended mitigation measure has been agreed to by the applicant.
U Potentially Significant Impact. The proposed project will have impacts that are
considered potentially significant and additional analysis is required to identify
mitigation measures that could reduce these impacts to insignificant levels. When an
impact is determined to be potentially significant in the preliminary analysis, the
environmental issue will be subject to detailed analysis in an environmental impact
report (EIR).
C
0
0
NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140)
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I_T��i7lyti[�:
a) Would the project have a substantial adverse effect on a scenic vista?
Less than Significant Impact. The proposed project encompasses approximately 145 acres adjacent to
Fashion Island and is located north of Coast Highway. Newport Center Drive from Newport Center Drive
east/west to Farallon Drive is designated as a Coastal View Road. Although Coast Highway is not
designated as a Coastal View Road between Jamboree Road and MacArthur Boulevard, a Public View
Point is located within Irvine Terrace Park, which is located south of that arterial and the subject property
in the Corona del Mar service area. Policies NR 20.2 and 20.3 in the Natural Resources Element of the
Newport Beach General Plan are intended to protect and enhance public view corridors. Specifically,
new development must restore and enhance the visual quality and protect and restore public views.
Similar policies in the Coastal Land Use Plan (CLUP) are also intended to ensure that coastal views and
development within the coastal zone are protected and enhanced (refer to the analysis presented in
Section X.b).
To that end, the proposed Planned Community District (PCD) Regulations include development
standards to "... ensure harmony and continuity of the design parameters that are respectful of the
properties of its California coastal heritage." Guidelines have been included in the PCD regulations that
address building mass, scale, materials, landscape treatment, and community design to ensure
compatibility. Although the PCD regulations limit the maximum building height of a structure to 50 feet,
building heights for the proposed structures will range from 30 feet for The Bungalows, to 32 feet for the
Villas and the Tennis Clubhouse, to 50 feet for the Golf Clubhouse, which will be the largest structure
within the PCD. In addition, landscaping will be provided in all areas not devoted to structures, parking
and driveways, which consists of a combination of trees, shrubs, groundcover and hardscape
improvements. In addition, the Master Plan (refer to Exhibit 2) and the Preliminary Landscape Plan
(Exhibit 19) in the PCD Plan show a variable width landscape berm screening the golf club parking lot
along approximately 650 linear feet of East Coast Highway. The width varies from 20 feet to
approximately 60 feet. In addition, there is significant landscaping between each row of parking to further
soften the appearance of the golf club parking lot has also been provided. Landscape materials,
including trees, shrubs and groundcover are also proposed around the site perimeter to soften the
development edges between adjacent existing residential and commercial development. The preliminary
landscape plan includes a variety of accent/specimen trees (i.e., California oak, California pepper), spatial
definition trees (e.g., California sycamore, thornless citrus, lemon- scented gum, etc.) and background
trees (i.e., Aleppo pine, Brisbane box) along with other species of olive and palm trees to enhance the
aesthetic character of the site and to complement the existing development in the project environs. The
architectural style proposed for the project is classical California Mediterranean, which is consistent and
compatible with the surrounding development.
The design and implementation of the proposed project will not result in a substantial visual impact.
Although the proposed clubhouse will be approximately 11,500 square feet larger than the existing
structure, it is designed to be compatible with the nearby development. In addition, the proposed villas
are designed to be compatible with the character of the residential development to the north along
Granville. Views from the Public View Point in Irvine Terrace Park are primarily oriented to the south to
the harbor and ocean; however, with the integration of the landscaping and setbacks along Coast
Highway, views from the vantage and inland into Fashion Island the adjacent areas would not be
adversely affected. Significant visual impacts from the segment of Newport Center Drive designated as a
Coastal View Road would not occur because adequate landscape materials, setbacks, and building
heights have been integrated into the project design to enhance and protect views as intended by the
applicable Recreation Element policies. In addition, mechanical and trash enclosures as well as pool /spa
equipment, tennis courts, and ground mounted air conditioning compressor units will be screened by
walls and /or landscaping. Therefore, no significant impacts are anticipated and no mitigation measures
are required.
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NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140)
INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION
Page 41
b) Would the project substantially damage scenic resources, including, but not limited to,
trees, rock outcroppings, and historic buildings with a state scenic highway?
Less than Significant Impact. The subject property is currently developed with private golf and tennis
facilities. As a result, the site has been substantially altered in order to accommodate the existing land
uses. The site is generally devoid of significant natural features such as rock outcroppings and/or native
or important habitat. The existing trees and vegetation that are located on the site are introduced
landscape species; no historic buildings exist on the site and the site is not located adjacent to a state
scenic highway. Therefore, project implementation will not adversely affect existing scenic resources. No
significant impacts are anticipated and no mitigation measures are required.
C) Would the project substantially degrade the existing visual character or quality of the site
and its surroundings?
Less than Significant Impact. Project implementation includes the demolition of several existing
structures (e.g., Golf Clubhouse and ancillary facilities, Tennis Clubhouse, etc.) and features (e.g., tennis
courts) and the construction of a new Golf Club clubhouse and related facilities for the Golf Club
component. In addition, a new Tennis Club, The Bungalows and single - family residential uses (i.e., The
Villas) are also proposed. As indicated previously, the subject property is not designated as an important
visual resource. Nonetheless, the PCD regulations prescribed development standards that address
building height, setbacks, landscaping, lighting, architectural character and other elements to ensure that
the aesthetic character of the site and surrounding area are not adversely affected. The maximum
building height of the Golf Clubhouse is 53.5 feet from the existing grade to the roof peak. The proposed
Tennis Clubhouse would have a maximum height of 30 feet above the existing grade. The maximum
building height of the bungalows is 31 feet, with minimum five feet setbacks. The Villas would not exceed
35 feet (Villa D), as prescribed in the PCD regulations. The two land uses have been designed within the
property to be visually and aesthetically compatible with each other. In order to address the aesthetic
character of the site along East Coast Highway, the proposed Golf Clubhouse component has been
designed with a variable landscape setback that will act as buffer along 650 linear feet of East Coast
Highway. Although East Coast Highway is not designated as a scenic corridor by the City, the wide,
variable landscape setback will enhance the character of that arterial and provide a significantly wider
buffer for the residents of Irvine Terrace. The setback will vary from 20 feet to 55 feet and will be
landscaped with a ground cover and a variety of shrubs and trees that complement the proposed
development. The Villas will be screened from the tennis courts with a five -foot block wall plastered to
match the adjacent Villa or by a 10400t chain link fence covered by a windscreen. No significant impacts
are anticipated and no mitigation measures are required.
d) Would the project create a new source of substantial light or glare which would adversely
affect day or nighttime views in the area?
Less than Significant Impact. The existing development is characterized by lighting that illuminates the
surface parking lot that serves the existing golf and tennis facilities. In addition, lighting is also associated
with existing tennis courts and security lighting for the parking lot and structures. Project implementation
will result in the elimination of 17 lighted tennis courts and the intensification of development on the site
through the construction of the Tennis Clubhouse, new tennis facilities, the Bungalows and the Villas.
Lighting will also be provided for the same purpose as currently exists (i.e., security and parking lot
illumination). Lighting required to illuminate the proposed parking lots for the Golf Clubhouse and Tennis
Club facilities will comply with standards established by the Newport Beach Municipal Code. Proposed
lighting will not spill onto adjacent properties. The single - family residential dwelling units will be screened
from the tennis courts with a minimum 5 -foot block wall or by a 10 -foot windscreen chain link fence. One
of the proposed single - family residential dwelling units is proposed to be located near the one of the
existing tennis courts; however, a swimming pool is proposed between the tennis court and the residence
to minimize the potential nuisance posed by the tennis court lighting. In addition, some of the Bungalows
will also be located in close proximity to the proposed tennis courts. Although it is anticipated that the
lighting will be energy efficient and will also be shielded or recessed so that direct glare and reflections
are contained within the boundaries of the property, the applicant will be required to prepare a final
lighting /photometric plan to ensure that lighting on site meets the City's requirements. In addition, tennis
NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140)
INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION
Page 42
court lights will be turned off at 10:00 p.m. Therefore, no significant impacts are anticipated and no
mitigation measures are required.
Mitigation Measures
No significant impacts are anticipated and no mitigation measures are required. However, the project
shall incorporate the following standard condition prescribed by the City of Newport Beach for lighting.
SC -1 Prior to the issuance of building permits, the applicant shall prepare a photometric study in
conjunction with a final lighting plan for approval by the Planning Department. The site shall not
be excessively illuminated based on the luminance recommendations of the Illuminating
Engineering Society of North America, or, if in the opinion of the Planning Director, the
illumination creates an unacceptable negative impact on surrounding land uses or environmental
resources. The Planning Director may order the dimming of light sources or other remediation
upon finding that the site is excessively illuminated.
II. AGRICULTURE AND FOREST RESOURCES
a) Would the project convert Prime Farmland, Unique Farmland, or Farmland of Statewide
Importance (Farmland) as shown on the maps prepared pursuant to the Farmland Mapping
and Monitoring Program of the California Resources Agency, to non - agricultural use?
No Impact. No Prime Farmland, Farmland of State or Local Importance, or Unique Farmland occurs
within or in the vicinity of the site. The site and adjacent areas are designated as "Urban and Built -up
Land" and "Other Land" on the Orange County Important Farmland Map. Further, neither the site nor the
adjacent areas are designated as prime, unique or important farmlands by the State Resources Agency
or by the Newport Beach General Plan. Therefore, no impact on significant farmlands would occur with
the proposed project and no mitigation measures are required.
b) Would the project conflict with existing zoning for agricultural use, or a Williamson Act
contract?
No Impact. The Newport Beach General Plan, Land Use Element designates the site as "Parks and
Recreation" (PR) and "Mixed Use — Horizontal" (MU -H3) and the zone designation for the site is "Planned
Community." Therefore, there is no conflict with zoning for agricultural use, and the property and
surrounding properties are not under a Williamson Act contract. No significant impacts are anticipated
and no mitigation measures are required.
C) Would the project conflict with existing zoning for, or cause rezoning of, forest land (as
defined in Public Resources Code Section 12220(g)), timberland (as defined by Public
Resources Code Section 4526), or timberland zoned Timberland Production (as defined by
Government Code Section 51104(g))?
No Impact. The project site is neither zoned nor designated as forest land. The site is currently
developed as a golf course and tennis club. Project implementation would not result in the conversion of
any forest land subject to the Public Resources Code. No significant impacts are anticipated and no
mitigation measures are required.
d) Would the project result in the loss of forest land or conversion of forest land to non -
forest use?
No Impact. As indicated above, the site is currently developed and is devoid of forest resources.
Project implementation will not result in the site's conversion of forest land to non - forest uses.
NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140)
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Page 43
e) Would the project involve other changes in the existing environment which, due to their
location or nature, could result in conversion of Farmland, to non - agricultural use or
conversion of forest land to non - forest use?
No Impact. The site is not being used for either agricultural or forest land purposes and, as indicated
previously, is not designated as agricultural or forest land. The subject property and the area surrounding
the site are developed with a variety of residential, professional office, retail, public facilities, and
recreational uses. Therefore, no agricultural or forest uses on the site or within the site's vicinity would be
converted to non- agricultural or non - forest use. No significant impacts are anticipated and no mitigation
measures are required.
Mitigation Measures
No significant impacts are anticipated and no mitigation measures are required
Ill. AIR QUALITY
a) Would the project conflict with or obstruct implementation of the applicable air quality
plan?
Less than Significant Impact. The 2007 Air Quality Management Plan (AQMP) was adopted in June
2007, after extensive public review. The 2007 AQMP recognizes the interaction between photochemical
processes that create both ozone (03) and the smallest airborne particulates (PM2.5). The 2007 AQMP is
therefore a coordinated plan for both pollutants. Key emissions reductions strategies in the updated air
quality plan include:
Ultra -low emissions standards for both new and existing sources (including on- and -off-
road heavy trucks, industrial and service equipment, locomotives, ships and aircraft).
Accelerated Fleet turnover to achieve benefits of cleaner engines.
Reformulation of consumer products.
Modernization and technology advancements from stationary sources (refineries, power
plants, etc.)
Development such as the proposed Newport Beach Country Club project does not directly relate to the
AQMP in that there are no specific air quality programs or regulations governing "general' development.
Conformity with adopted plans, forecasts and programs relative to population, housing, employment and
land use is the primary yardstick by which impact significance of master planned growth is determined. If
a given project incorporates any available transportation control measures that can be implemented on a
project- specific basis, and if the scope and phasing of a project are consistent with adopted forecasts as
shown in the Regional Comprehensive Plan (RCP), then the regional air quality impact of project growth
would not be significant because of planning inconsistency. The SCAQMD, however, while
acknowledging that the AQMP is a growth- accommodating document, does not favor designating regional
impacts as less- than - significant just because the proposed development is consistent with regional
growth projections. Air quality impact significance for the proposed project has therefore been analyzed
on a project - specific basis.
A consistency determination plays an important role in local agency project review by linking local
planning and individual projects to the Air Quality Management Plan (AQMP). It fulfills the CEQA goal of
informing decision makers of the environmental efforts of the project under consideration at an early
enough stage to ensure that air quality concerns are fully addressed. It also provides the local agency
with ongoing information as to whether they are contributing to clean air goals contained in the AQMP. To
accurately assess the environmental impacts of new or renovated development, environmental pollution
and population growth are projected for future scenarios. There are two key indicators of consistency:
NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA20O5 -140)
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Indicator 1 Whether the project would result in an increase in the frequency or severity of
existing air quality violations, cause or contribute to new violations, or delay
timely attainment of the AAQS or interim emission reductions in the AQMP.
The South Coast Air Basin (SCAB) is designated by the state and USEPA as non - attainment for
03. PM10, and PM2,5. SCAQMD developed regional emissions thresholds to determine whether or
not a project would contribute to air pollutant violations. If a project exceeds the regional air
pollutant thresholds, then the project would substantially contribute to air quality violations in the
SCAB. In addition, the project would also contribute to air pollutant violations if localized
emissions result in an exceedance of the AAQS. Neither short -term nor long -tern emissions
generated by the project exceed the SCAQMD thresholds for regional emissions (as shown in
detail below) and would therefore contribute to an increase in frequency or severity of air quality
violations and delay attainment of the AAQS or interim emission reductions in the AQMP.
Consequently, the project would not be consistent with the AQMP under the first indicator.
Indicator Whether the project would exceed the assumptions in the AQMP. The AQMP
strategy is, in part, based on projections from local general plans.
The current zoning designation permits development through a planned community development
plan. Therefore, development of new land uses and their associated air pollutant emissions would
be accounted for in the assumptions of the AQMP. Furthermore, the purpose and intent of a
"Planned Community" is to encourage mixed -use development and integration of residential,
recreational, commercial, and retail uses. Because the proposed project would accommodate a
mix of recreational and residential uses within walking distance, there would be a limited
reduction in vehicle trips for residents within the project site and surrounding area for commercial
retail and recreational needs. This reduction in trips would likewise result in a reduction in air
pollution. Consequently, implementation of the project would not conflict with the AQMP under the
second indicator.
b) Would the project violate any air quality standard or contribute substantially to an existing
or projected air quality violation?
Less Than Significant Impact. The Project will be consistent with the relevant policies and
requirements established by the Land Use Element. Approval of the proposed project would not result in
any land use conflicts with existing, surrounding development. As indicated in Ill.c, below, neither
construction nor operational air emissions would exceed significance thresholds established by the
SCAQMD. These thresholds were developed to provide a method of assessing a project's individual
impact significance, and also to determine whether the project's impacts could be cumulatively
considerable. The proposed project would not, therefore, result in a cumulatively considerable net
increase of any criteria pollutant. Since the South Coast Air Basin is in non - attainment with respect to
ozone and PMT,, and the construction emissions would add to the regional burden of these pollutants,
compliance with a vigorous set of air pollution control measures related to dust control, paint emissions
etc.) is required to ensure that projects do not contribute directly to an air quality violation.
Air Pollution Control Measures
Dust Control Measures
Apply soil stabilizers to inactive areas.
Prepare a high wind dust control plan and implement plan elements and terminate soil
disturbance when winds exceed 25 mph.
Stabilize previously disturbed areas if subsequent construction is delayed.
Water exposed surfaces 3 times /day.
Cover all stockpiles with tarps.
Replace ground cover in disturbed areas as soon as feasible.
NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140)
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Exhaust Emission Measures
Require 90 -day low -NOx tune -ups for off -road equipment.
Limit allowable idling to 5 minutes for trucks and heavy equipment.
Utilize equipment whose engines are equipped with diesel oxidation catalysts if available.
Utilize diesel particulate filter on heavy equipment where feasible.
Painting and Coating Measures
Use low VOC coatings and high pressure -low volume
C) Would the project result in a cumulatively considerable net increase of any criteria
pollutant for which the project region is non - attainment under an applicable federal or
state ambient air quality standard (including releasing emissions which exceed
quantitative thresholds for ozone precursors)?
Less Than Significant Impact. Project implementation will result in the demolition of the existing Golf
Clubhouse and the existing Tennis Clubhouse as well as related features, including asphalt parking lots,
etc., in order to accommodate the proposed uses. Potential air quality impacts are discussed below.
Short -Term (Construction) Emissions
Construction activities will result In short-term pollutant emissions that are summarized in Table 1, below.
With or without the use of mitigation, peak daily construction activity emissions will not exceed SCAQMD
CEQA thresholds and will be further reduced by recommended mitigation. The recommended emissions
mitigation measures are detailed in the "Mitigation" section of this report.
Construction equipment exhaust contains carcinogenic compounds within the diesel exhaust particulates.
The toxicity of diesel exhaust is evaluated relative to a 24 -hour per day, 365 days per year, 70 -year
lifetime exposure. Public exposure to heavy equipment emissions will be an extremely small fraction of
the above dosage assumption. Diesel equipment is also becoming progressively "cleaner" in response to
air quality rules on new off -road equipment. Any public health risk associated with project - related heavy
equipment operations exhaust is therefore not quantifiable, but small.
Construction activity air quality impacts occur mainly in close proximity to the surface disturbance area.
There may, however, be some "spill- over" into the surrounding community. That spill -over may be
physical as vehicles drop or carry out dirt or sill is washed into public streets. Passing non - project
vehicles then pulverize the dirt to create off -site dust impacts. "Spillover" may also occur via congestion
effects Construction may entail roadway encroachment, detours, lane closures and competition between
construction vehicles (trucks and contractor employee commuting) and ambient traffic for available
roadway capacity. Emissions controls require good housekeeping procedures and a construction traffic
management plan that will maintain such "spill- over" effects at a less- than - significant level.
NEWPORT, BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140)
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Table 1
Construction - Related Pollutant Emissions (pounds /day)
Newport Beach Country Club
Activity
ROG
NOx
CO I
SO,
PM,o
PM21 CO2
Demolition of Structure
No Mitigation
2.2
18.4
9.4
0.0
2.2
1.1
1,895.0
Mitigation
2.2
15.9
9.4
0.0
1.4
0.4
1,895.0
As halt Demolition and Crushing /Reclamation
No Mitigation
3.2
31.3
14.1
0.0
1.8
1.3
3,191.0
Mitigation
3.2
26.7
14.1
0.0
0.8
0.3
3,191.0
Mass Grading
No Mitigation
9.0
88.7
41.3
0.0
11.0
5.1
9,004.8
Miti ation
9.0
79.3
41.3
0.0
2.3
1.6
9,004.8
Fine Grading
No Mitigation
3.3
26.1 15.1 0.0
8.3 2.8
2,552.3
Mitigation
3.3
22.2 15.1 0.0
1 0.9 1 0.3
2,552.3
Trenching
No Mitigation
3.8
1 30.5
17.7
0.0
1.6
1.5
1 3,095.5
Mitigation
3.8
25.9
17.7
0.0
0.3
0.2
1 3,095.5
Construction
No Mitigation
2.7
19.0
13.1
0.0
1.4
1.2
2,070.0
Mitigation
2.7
16.2
13.1
0.0
0.2
0.2
2,070.0
Construction and Paining
No Miti ation
11.6
12.9
0.0
1.3
1.2
2,087.4
Mitigation
10.7
15.1
12.9
0.0
0.2
0.2
2,087.4
SCAQMD Threshold
75
100
550
150
150
55
Exceeds Threshold?
No
No
No
No
No
No
'No significance threshold has been adopted.
SOURCE: Giroux & Associates (July 2009
Local Significance Thresholds
The SCAQMD has also developed analysis parameters to evaluate ambient air quality on a local level in
addition to the more regional emissions -based thresholds of significance. These analysis elements are
called Local Significance Thresholds (LSTs). LSTs were developed in response to Governing Board's
Environmental Justice Enhancement Initiative 1 -4 and the LST methodology was provisionally adopted in
October 2003 and formally approved by SCAQMD's Mobile Source Committee in February 2005.
Use of an LST analysis for a project is optional because they were derived for economically or socially
disadvantaged communities. For residential, hotel and recreational developments, the only source of LST
impact would be during construction. LSTs are only applicable to the following criteria pollutants: oxides
of nitrogen (NOx), carbon monoxide (CO), and particulate matter (PM1n and PM,.,). LSTs represent the
maximum emissions from a project that are not expected to cause or contribute to an exceedance of the
NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140)
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most stringent applicable federal or state ambient air quality standard, and are developed based on the
ambient concentrations of that pollutant for each source receptor area and distance to the nearest
sensitive receptor.
The URBEMIS model estimates that the daily construction disturbance "footprint' will be 0.7 acres. LST
pollutant concentration data is currently published for 1, 2 and 5 acre sites. Utilizing data for a 1 acre site
and a source receptor distance of 50 meters, the LST thresholds are presented in Table 2. As indicated
in the table, project - related construction emissions would not exceed the relevant LSTs.
Table 2
Local Significance Thresholds (pounds /day)
Newport Beach Country Club
North Coastal Orange County
CO NOx
PM10 PM2.5
LST Threshold 1
528 163
13 5
Proposed
Project
Unmitigated
5-4 1
1 18— L9
—11
—
1 — 3
Mitigated
9 -41
16 -79
1 —2
1 —2
SOURCE: Giroux & Associates (July
2009
Long -Term (Operational) Emissions
Possible project - related air quality concerns relate to the potential for impacts as a result of mobile source
emissions that will be generated by the recreational, residential, and hotel uses proposed for the project
site. The proposed project, however, replaces an existing facility and decreases existing tennis court
facilities with the Bungalows and The Villas. With respect to operational emissions, it is anticipated that
389 fewer daily trips will be generated as a result of this project.
Operational emissions for existing and proposed project - related traffic were calculated using a
computerized procedure ,developed by the California Air Resources Board (CARB) for urban growth
mobile source emissions. The URBEMIS2007 model was run using the trip generation factors obtained
from the traffic report for this project. The model was used to calculate area source emissions and the
resulting vehicular operational emissions for existing uses in 2009 and proposed uses in 2012. A
comparison was made of the two scenarios and the results are shown in Table 3.
The few residential uses associated with the proposed project may generate small quantities of organic
compounds from cleaning products, personal care products, landscape maintenance, cooking, etc.
Because the existing site has no residential use component, the area source emissions are slightly higher
for the proposed project than for existing uses. As seen in Table 3, mobile source emissions in 2009 are
higher for existing uses than for the proposed project for an assumed 2012 build -out.
NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140)
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Table 3
Project - Related Emissions Burden (pounds /day)
Newport Beach Country Club
Because the proposed project generates fewer trips than existing uses and since area source emissions
are minimal compared to mobile source emissions, the SCAQMD's recommended threshold levels will not
be exceeded. Operational emissions will be less than significant.
d) Expose sensitive receptors to substantial pollutant concentrations?
Less than Significant Impact. The area in which the subject property is located is dominated by non-
residential development, including professional office. Some residential development exists north of the
existing tennis club and a senior housing development is located west of the proposed project site near
Jamboree Road between Back Bay Road and Coast Highway; however, there are no hospitals, schools
or other sensitive receptors located near the proposed project site. Moreover, as discussed in the
preceding assessment of potential air quality impacts, the proposed project would not generate pollutant
emissions that would exceed established SCAQMD thresholds, either during the temporary construction
phases or over the long -term operating life of the proposed facilities and residences when occupied.
Although no significant impacts are anticipated, several conditions are prescribed to further reduce dust
and construction equipment exhaust emissions during the construction phase.
e) Create objectionable odors affecting a substantial number of people?
No Impact. A variety of odors would be associated with construction equipment exhaust emissions and
application of paints and other architectural coatings. The odors would be minor and temporary in nature
and would not significantly affect people residing or occupying areas beyond the immediate construction
zones. Subsequent to the completion of construction activities, development of the site with the proposed
Golf Club and Tennis Club, The Bungalows, and The Villas would not result in any significant change in
the kinds of odors that could be experienced in the project environs, which is composed of single - family
residential dwelling units similar to The Villas. Occasional, less than significant odors may occur in
ROG
NOx I
CO 1
SOz
MO
PM2,5
COz
Exist in Uses 2009
Area Sources
0.3
0.0
3.1
0.0
0.0
0.0
5.6
Mobile Sources
11.5
15.4
149.5
0.2
24.3
4.7
14,288.0
Total
11.8
15.4
152.6
0.2
24.3
4.7
14,293.6
Pro osed Project 2012
Area Sources
0.8
0.4
5.1 0.0
0.0
0.0
372.0
Mobile Sources
6.8
9.0
87.8 0.1
18.4
3.6
10,829.9
Total
7.6
9.4
92.9 0.1
18.4
3.6
1 11,201.9
Net Difference Proposed versus Existing Uses
Area Sources
0.5
0.4
2.0
0.0
0.0
0.0
366.4
Mobile Sources
-4.7
-6.4
-61.7
-0.1
-5.9
1.1
3,458.1
Total
-4.2
-6.0
-59.7
-0.1
-5.9
1.1
- 3,091.7
SCAQMD Threshold
55
55
550
150
150
55
Exceeds Threshold?
No
No
No
No
No
No
-
'No significance threshold has been adopted.
SOURCE: Giroux & Associates (July 2009
Because the proposed project generates fewer trips than existing uses and since area source emissions
are minimal compared to mobile source emissions, the SCAQMD's recommended threshold levels will not
be exceeded. Operational emissions will be less than significant.
d) Expose sensitive receptors to substantial pollutant concentrations?
Less than Significant Impact. The area in which the subject property is located is dominated by non-
residential development, including professional office. Some residential development exists north of the
existing tennis club and a senior housing development is located west of the proposed project site near
Jamboree Road between Back Bay Road and Coast Highway; however, there are no hospitals, schools
or other sensitive receptors located near the proposed project site. Moreover, as discussed in the
preceding assessment of potential air quality impacts, the proposed project would not generate pollutant
emissions that would exceed established SCAQMD thresholds, either during the temporary construction
phases or over the long -term operating life of the proposed facilities and residences when occupied.
Although no significant impacts are anticipated, several conditions are prescribed to further reduce dust
and construction equipment exhaust emissions during the construction phase.
e) Create objectionable odors affecting a substantial number of people?
No Impact. A variety of odors would be associated with construction equipment exhaust emissions and
application of paints and other architectural coatings. The odors would be minor and temporary in nature
and would not significantly affect people residing or occupying areas beyond the immediate construction
zones. Subsequent to the completion of construction activities, development of the site with the proposed
Golf Club and Tennis Club, The Bungalows, and The Villas would not result in any significant change in
the kinds of odors that could be experienced in the project environs, which is composed of single - family
residential dwelling units similar to The Villas. Occasional, less than significant odors may occur in
NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140)
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conjunction with trash pick up and outdoor food preparation (e.g., barbeques), and possibly with outdoor
maintenance activities. Trash containers would be equipped with lids and would be stored inside the
dwelling units and garages. The proposed project will not generate unusual or large quantities of solid
waste materials, or utilize chemicals, food products, or other materials that emit strong odors that would
adversely affect the ambient air quality in the project environs. Therefore, the project does not have the
potential to create objectionable odors; and no mitigation measures are required.
Mitigation Measures
Although no significant short-term (i.e., construction) or long -term (operational) air quality impacts will
occur as a result of the proposed project, the following measures are required by the South Coast AQMD
to further reduce construction emissions:
SC -2 Adherence to SCAQMD Rule 402, which prohibits air contaminants or other materials that cause
injury, detriment, nuisance or annoyance to any considerable number of persons or to the public,
or which endanger the comfort, repose, health, or safety of any such persons or the public, or
which cause, or have a natural tendency to cause injury or damage to business or property to be
emitted within the SoCAB.
SC -3 Adherence to SCAQMD Rule 403, which sets requirements for dust control associated with
grading and construction activities.
SC -4 Adherence to SCAQMD Rules 431.1 and 431.2, which require the use of low sulfur fuel for
stationary construction equipment.
SC -5 Adherence to SCAQMD Rule 1108, which sets limitations on ROG content in asphalt.
SC -6 Adherence to SCAQMD Rule 1113, which sets limitations on ROG content in architectural
coatings.
SC -7 Adherence to Title 24 energy- efficient design requirements as well as the provision of window
glazing, wall insulation, and efficient ventilation methods in accordance with'the requirements of
the California Building Code.
IV. BIOLOGICAL RESOURCES
a) Would the project have a substantial adverse effect, either directly or through habitat
modifications, on any species identified as a candidate, sensitive, or special status
species in local or regional plans, policies, or regulations or by the California Department
of Fish and Game or U.S. Fish and Wildlife Service?
No Impact. The subject property has been extensively altered as a result of site development. No
important biological resources are identified in the Natural Resources Element of the Newport Beach
General Plan (refer to Figure NR1) and no environmental study areas exist on the site (refer to Figure
NR2) in that Element. As previously indicated, the majority of the site is developed with golf and tennis
facilities, including parking lots. Virtually all of the vegetation existing within the limits of the site is
introduced landscape species. Furthermore, the site is entirely surrounded by residential and commercial
development as well as the Marriott Hotel and roadways. No sensitive habitat and /or sensitive plant or
animal species exist on the subject property. The proposed project will result in the demolition of some
existing structures, including the existing Golf and Tennis Clubhouses and several tennis courts in order
to accommodate the proposed new development. Project implementation will not result in any
modifications to sensitive habitat and /or sensitive species of plants or animals. Alteration of the site as
proposed will not result in any potentially significant direct or indirect impacts to sensitive habitat and /or
species. No significant impacts are anticipated and no mitigation measures are required.
NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140)
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b) Would the project have a substantial adverse effect on any riparian habitat or other
sensitive natural community identified in local or regional plans, policies, regulations, or
by the California Department of Fish and Game or U.S. Fish and Wildlife Service?
No Impact. With the exception of two man -made takes that are part of the existing golf course, no
riparian features exist within the limits of the site. The two lakes are not included within the development
limits and, therefore, will not be directly affected by the proposed new development. Grading and site
development proposed by the applicant will not result in any impacts to riparian habitat or other sensitive
natural community identified either in the City's General Plan or Coastal Land Use Plan.
C) Would the project have a substantial adverse effect on federally protected wetlands as
defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal
pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other
means?
No Impact. As indicated above, no riparian habitat exists on the subject property and no wetlands as
defined by Section 404 of the Clean Water Act occur on the site. Project implementation will not result in
any potential adverse affects to either wetlands or riparian species.
d) Would the project interfere substantially with the movement of any native resident or
migratory fish or wildlife species or with established native resident or migratory wildlife
corridors, or impede the use of native wildlife nursery sites?
No Impact. The subject property and the surrounding areas are developed and no migratory wildlife
corridors occur on site or in the immediate vicinity of the project site that would be affected by
development of the subject property. As a result, the proposed project will not interfere with resident,
migratory or wildlife species. No significant impacts are anticipated and no mitigation measures are
required.
e) Would the project conflict with any local policies or ordinances protecting biological
resources, such as a tree preservation policy or ordinance?
No Impact. The site is devoid of protected habitat and /or species, including heritage trees. Project
implementation will not result in any conflicts with adopted policies or ordinances intended to protect
biological resources. No significant impacts are anticipated and no mitigation measures are required.
f) Would the project conflict with the provisions of an adopted Habitat Conservation Plan,
Natural Community Conservation Plan, or other approved local, regional, or state habitat
conservation plan?
No Impact. There are no local, regional or state habitat conservation plans that would regulate or guide
development of the project site. The subject property, which has been developed as private recreation
(i.e., Golf Club and Tennis Club) does not support native habitat and /or species and is not included in
either a Habitat Conservation Plan or a Natural Community Conservation Plan. No significant direct or
indirect impacts to an existing HCP and /or NCCP will occur as a result of project implementation; no
mitigation measures are required.
Mitigation Measures
No significant impacts to biological resources are anticipated; no mitigation measures are required
NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140)
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V. CULTURAL RESOURCES
a) Would the project cause a substantial adverse change in the significance of a historical
resource as defined §15604.5?
No Impact. The project site is currently developed with an 18 -hole Golf Club, clubhouse and ancillary
facilities, and a private tennis club with 24 tennis courts. Figure HR1 in the City's Historical Resources
Element indicates that no historical resources are located on the site. Although no historic sites are
located on the subject property, the California Point of Historical Interest (2009) of the Office of Historic
Preservation, Department of Parks and Recreation, lists one property within a one -half mile radius of the
subject property. ORA -009, the site of the 1953 National Boy Scout Jamboree (i.e., present location of
Newport Center) is near the site. This site is also listed on the California Historic Resources Inventory.
No historic resources and /or properties within one -half mile of the site are identified by the California
Historical Landmarks (2009) of the Office of Historic Preservation, Department of Parks and Recreation,
or the National Register of Historic Places. Implementation of the proposed project would not result in
any direct or indirect impacts to the existing historic site (ORA -009). Furthermore, the site is not identified
by the City as possessing potentially important historic resources. Therefore, project implementation will
not result in potentially significant impacts to historic resources are anticipated and no mitigation
measures are required.
b) Would the project cause a substantial adverse change in the significance of an
archaeological resource pursuant to §15604.5?
Less than Significant Impact. Thirty -eight (38) studies have been conducted within a one -half mile
radius of the subject property.' However, none of the studies occurred within the project site. In addition,
19 investigations also occurred on the Newport Beach, Laguna Beach and Tustin 7.5- minute U.S.G.S.
quadrangle maps that are also potentially within one -half mile of the site. Although no site specific
surveys have been conducted on the subject property, the site has been substantially altered in order to
accommodate the existing golf and tennis facilities. The project proposes changes only to areas of the
site that have previously been altered by grading and prior development. The new Golf Clubhouse is
proposed to be located in the same area as the existing Golf Clubhouse. As a result, any grading and
site alteration that is anticipated would affect the same areas that have previously been altered in order to
accommodate the existing Golf Clubhouse and related facilities. Similarly, alteration of the Tennis Club
portion of the site necessary to accommodate the new Tennis Clubhouse, The Bungalows, and The Villas
will also affect areas that have previously been graded and substantially altered. As a result, project
implementation will not adversely affect archaeological /cultural resources that may exist on the site.
Although no significant impacts are anticipated and no mitigation measures are necessary, the City will
require that a qualified archaeologist/paleontologist be present during grading and site alteration to
monitor grading and landform alteration (refer to SC -8). Implementation of this measure is consistent with
applicable Policy No. HR 2.2 of the Historic Resources Element of the Newport Beach General Plan.
The City of Newport Beach complied with the requirements of SB 18 by submitting a request to the Native
American Heritage Commission (NAHC). In addition, the City also sent a tribal consultation request to the
Native American representative, Mr. David Belardes (Chairperson, Juaneno Band of Mission Indians
Acjachemen Nation) on September 8, 2005 in compliance with both SB18 and Policy No. HR 2.3 that
requires notification of cultural organizations. The City did not receive a response to the SB18 consultation
request. Subsequent to that letter, a follow -up request was sent to Mr. Belardes on May 15, 2009 to apprise
the Native American representative of changes to the project and request consultation with the Native
Americans. To date, no response to the consultation request has been received by the City.
2. Record Search Results for the Proposed Newport Beach Country Club Project Located in the City of Newport Beach, California;
South Central Coastal Information Center; Letter dated June 2, 2009.
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C) Would the project directly or indirectly destroy a unique paleontological resource or site
or unique geologic feature?
Less Than Significant Impact. As indicated above, the project area is located within an urbanized area
of the City of Newport Beach and has been previously graded and developed. Any near - surface
paleontological resources that may have existed at one time have likely been disturbed and /or destroyed
by prior development activities. Therefore, no potentially significant impacts are anticipated and no
mitigation measures are required. It is not likely that implementation of the project will result in any
potentially significant impacts to paleontological resources because of the prior development activities
that have taken place on the site. Nonetheless, as identified below, monitoring of the grading activities by
a qualified paleontologist will be required as prescribed below to ensure that in the event that fossils or
other important paleontological resources are encountered, appropriate measures can be taken to avoid
adverse impacts to those resources.
d) Would the project disturb human remains, including those interred outside of formal
cemeteries?
No Impact. The project site and surrounding areas are highly disturbed due to past urban development
and there is no evidence of human remains or sites of Native American burials. Based on the degree of
disturbance that has already occurred on the site (i.e., golf and tennis facilities) and in the vicinity of the
project site (i.e., Newport Center), it is anticipated that project implementation would not result in
potentially significant impacts to human remains; however, as indicated below, a qualified
archaeological /paleontological monitor will be present on -site during grading to ensure that in the event
human remains are encountered, appropriate measures will be implemented in accordance with State law
regarding human remains.
Mitigation Measures
Although no significant impacts are anticipated, the following standard condition is required by the City to
ensure that potential impacts to cultural and /or scientific resources that may be encountered during
grading are avoided.
SC -8 A qualified archaeological /paleontological monitor shall be retained by the project applicant who
will be available during the grading and landform alteration phase. In the event cultural resources
and /or fossils are encountered during construction activities, ground- disturbing excavations in the
vicinity of the discovery shall be redirected or halted by the monitor until the find has been
salvaged. Any artifacts and /or fossils discovered during project construction shall be prepared to
a point of identification and stabilized for long -term storage. Any discovery, along with supporting
documentation and an itemized catalogue, shall be accessioned into the collections of a suitable
repository. Curation costs to accession any collections shall be the responsibility of the project
applicant.
MM -1 The City shall provide an opportunity for a Native American representative to monitor excavation
activities. The representative shall be determined by the City based on input from concerned Native
American Vibes (i.e., Gabrielino, Juanefio, and Tongvas).
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VI. GEOLOGY AND SOILS
a) Would the project expose people or structures to potential substantial adverse effects,
including the risk of loss, injury, or death involving:
Rupture of a known earthquake fault, as delineated on the most recent Alquist -
Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or
based on other substantial evidence of a known fault?
Less than Significant Impact. The site is located in the Newport Center /Fashion Island area of the City,
which is near the intersection of the Southwestern Block and the Central Block of the Los Angeles Basin.
The Southwestern Block is the westerly seaward portion of the Los Angeles Basin, which includes Palos
Verdes Peninsula and Long Beach, and is bounded on the east by the Newport- Inglewood Fault Zone
(NIFZ). The landward part of the NIFZ is a northwesterly- trending zone that extends from Beverly Hills on
the north to Newport Bay on the south, where it continues offshore to the south; however, it eventually
returns ashore again near La Jolla, where it is expressed by the Rose Canyon Fault. The NIFZ within the
project environs is not included on the State - published Alquist- Priolo Special Studies zonation map.
The subject property is located within a seismically active area. There are no known local or regional
active earthquake faults on the site, and the site is not within an Alquist - Priolo Zone. However, the site is
located within close proximity of several surface faults that are presently zoned as active or potentially
active by the California Geological Survey. The site is located approximately 3.7 kilometers (km) east of
the Newport- Inglewood fault zone. The site may also be located within in 1 km of the San Joaquin Hills
Blind Thrust, an inferred, low -angle fault system (e.g., blind thrust). These faults normally do not break
the ground surface during sizeable earthquakes. Another active fault that could generate seismic activity
that affects the subject property and surrounding area is the Elsinore Fault. The Newport - Inglewood and
Elsinore Fault Zones could produce earthquakes of magnitude 6 — 7 on the Richter Scale, with local
strong ground motion equivalent to at least VIII — IX on the modified Marcell Scale. Although episodes
on those faults could cause ground shaking at the project site, it is highly unlikely that the site would
experience surface rupture. Therefore, no significant ground rupture impacts would occur as a result of
project implementation.
ii) Strong seismic ground shaking?
Less than Significant Impact. See response to Vl.a (i) above. As indicated above, the subject property
is located in the seismically active southern California region; several active faults are responsible for
generating moderate to strong earthquakes throughout the region. Due to the proximity of the site to the
San Joaquin Hills Blind Thrust and the Newport- Inglewood Fault zone, the subject property has a
moderate to high probability to be subjected to seismic and associated hazards. A probabilistic seismic
hazard analysis of horizontal ground shaking was performed to evaluate the likelihood of future
earthquake ground motions occurring at the site. The maximum earthquake of 23 faults within an 80 km
radius of the site based on the seismic hazard analysis conducted for the project. The earthquake
magnitudes associated with each fault are presented in Table 4.
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Table 4
Seismic Source Model
Newport Beach Country Club
Fault
Distance
(km)
Seismology Parameters
Maximum
Mw
Fault Type'
Slip Rate
mml
San Joaquin Hills Blind Thrust
<1.0
6.6
bt
0.5
Newport Inglewood Offshore
3.7
7.1
rl -ss
1.5
Newport-Inglewood L.A. Basin
4.1
7.1
rl -ss
1.0
Palos Verdes
22.9
7.3
rl -ss
3.0
Chino - Central Avenue
30.7
6.7
rl -r -o
1.0
Whittier
33.7
6.8
rl -ss
2.5
Elsinore -Glen I
35.2
6.8
d -ss
5.0
Puente Hill Thrust
35.2
7.1
bt
0.4
Coronado Bank
38.3
7.6
rl -ss
3.0
San Jose
47.7
6.4
11 -r-o
0.5
Elsinore - Temecula
49.4
6.8
rl -ss
5.0
Elysian Park Thrust (upper)
54.8
6.4
r
1.3
Sierra Madre
58.2
7.2
r
2.0
Cucamonga
58.9
6.9
r
5.0
Raymond
60.6
6.5
11-r -o
1.5
Verdu o
63.2
6.9
r
0.5
Clamshell -Saw it
64.0
6.5
r
0.5
Hollywood
65.2
6.4
II-r -o
1.0
Rose Canyon
68.8
7.2
rl -ss
1.5
Santa Monica
70.7
6.6
11 -r -o
1.0
San Jacinto -San Bernardino
74.1
6.7
rl -ss
12.0
San Jacinto -San Jacinto Valley
75.0
6.9
rl -ss
12.0
Malibu Coast
76.4
6.7
II-r -o
0
Irl - right - lateral; II - left lateral; ss - strike -slip; r - reverse; o - oblique; bt - blind thrust
SOURCE: GMU Geotechnical, Inc. (May 2, 2008
The maximum earthquake on the NIFZ is estimated to be 7.1 on the Richter Scale. Similarly, the
maximum earthquake on the San Joaquin Hills Blind Thrust is 6.6. Other faults capable of producing
seismic activity that could affect the subject property include the San Jacinto Fault and the Whittier Fault,
which is a northern branch of the Elsinore Fault. Even though the project site and surrounding areas
could be subject to strong ground movements, incorporation of the recommendations included in the
preliminary geotechnical report, adherence to current building standards of the City of Newport Beach,
and compliance with current California Building Code standards would reduce the potential adverse
effects of ground movement hazards to a less than significant level.
iii) Seismic - related ground failure, including liquefaction?
No Impact. Based on the geologic exploration undertaken on the subject property, the site is underlain
by sedimentary rocks of the Monterey Formation. These rocks do not have the potential for liquefaction.
Furthermore, no groundwater is present to the depths and no loose sands or coarse silt is present.
Therefore, the potential for liquefaction is negligible and less than significant. Proper design of the
proposed structures will ensure that ground failure, including that associated with liquefaction, will not
pose a significant hazard to the development.
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iv) Landslides?
No Impact. The site is generally devoid of slopes and no significant slopes are planned within the
property. Potential effects associated with slope stability are, therefore not anticipated to have an
adverse impact on the proposed project. No significant impacts are anticipated an no mitigation
measures are required.
b) Would the project result in soil erosion or the loss of topsoil?
Less than Significant with Mitigation Incorporated. Implementation of the proposed project will
necessitate grading and excavation necessary to accommodate the proposed Golf Clubhouse, Tennis
Club, The Bungalows, and The Villas that will temporarily expose on -site soils to potential erosion. In that
interim period, it is possible that some erosion may occur, resulting in some sedimentation; however, in
order to ensure that erosion and sedimentation are minimized, the applicant will be required to prepare
and submit an adequate drainage and erosion control plan, which complies with current City standards.
Although it is possible that potential erosion could occur without the incorporation of appropriate
measures, implementation of the mandatory appropriate erosion controls will avoid potential erosion
impacts associated with site grading and development. Further, the proposed site will be engineered to
ensure that surface /subsurface drainage does not contribute to erosion or adversely affect the stability of
project improvements. Other efforts required to ensure that potential erosion is minimized include slope
protection devices, plastic sheeting, inspection for signs of surface erosion, and corrective measures to
maintain, repair or add structures required for effective erosion and sediment movement from the site. As
a result, potential impacts occurring from project implementation, including those anticipated during
grading and after development of the site, will be avoided or reduced to a less than significant level.
C) Would the project be located on a geologic unit or soil that Is unstable, or that would
become unstable as a result of the project and potentially result in on- or off -site landslide,
lateral spreading, subsidence, liquefaction or collapse?
Less than Significant with Mitigation Incorporated. Refer to Section VI.a.iv, above. As previously
indicated, potential slope failurenandslide potential is not anticipated because no slopes are proposed
and no significant slopes exist on the subject property. Therefore, site preparation and design of the
proposed residence in accordance with the recommendations contained in the preliminary geotechnical
report and compliance with the California Building Code will ensure that potential impacts will be avoided
or reduced to a less than significant level.
The depth of planned engineered fill is anticipated to be five to 10 feet following both design and
corrective grading. Total fill depths (i.e., new and existing fill) are anticipated to range from five to 25 feet.
All fill will be placed as engineered fill on top of existing suitable artificial fill, terrace deposits, or bedrock.
Post - grading settlement of the shallow -depth fills is anticipated to be minor as most of the grading related
to settlement (i.e., due to fill self weight) should be complete at the completion of grading. Secondary
compression is not anticipated due to: (1) the low plasticity of anticipated fill soils; (2) the low fill
thickness; and (3) the over - consolidated nature of the underlying terrace deposits and bedrock. Hydro -
compression of the fill soils should also be minor due to the fact that the fills will be placed above
optimum moisture content.
Significant post - grading settlement of the underlying bedrock due to loading from the proposed fills is not
anticipated. Similarly, hydro - collapse of the bedrock materials will be negligible due to the existing high
density and over - consolidated nature of the materials. For these reasons, post - grading settlements
related to grading are not anticipated to have a significant effect on structures and improvements.
Adherence to the recommendations in the preliminary geotechnical report will ensure that potential effects
associated with settlement would be avoided.
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d) Would the project be located on expansive soil, as defined in Table 18 -1 -B of the California
Building Code (2007)), creating substantial risks to life or property?
Less than Significant with Mitigation Incorporated. Based on the analysis conducted for the proposed
project, the on -site surface materials have a very low to low expansion index and a negligible sulfate
content. However, because testing results were in the upper limit of the "love" expansion classification, it
is anticipated that medium expansion potential may exist. The subject site is underlain by artificial fill,
colluvium, and terrace deposits overlying bedrock assigned to the Monterey Formation. Adherence to the
recommendations in the Report of Geotechnical Studies (GMU, 2008) prepared for the project will ensure
that impacts associated with expansive soils would be avoided. With the incorporation of these
recommendations, potential impacts will be less than significant.
e) Would the project have soils incapable of adequately supporting the use of septic tanks or
alternative waste water disposal systems where sewers are not available for the disposal
of waste water?
No Impact. The project will be connected to existing sewer lines. No septic tanks or alternative waste
water disposal systems are proposed. Therefore, no significant impacts related to the implementation of
an alternative waste disposal system are anticipated and no mitigation measures are required.
Mitigation Measures
As indicated in the geotechnical report prepared for the proposed project, construction of the proposed
improvements (i.e., Golf Club, Tennis Club, The Bungalows, and Villas) is feasible from a geotechnical
perspective. The following measures shall be implemented to ensure that no potentially significant
geotechnical impacts identified in the preceding analysis occur:
SC -9 All grading operations and construction shall comply with the applicable City of Newport Beach
Grading Code and Grading Manual and the most recent version of the California Building Code.
SC -10 Prior to issuance of the grading permit, an erosion control plan shall be submitted to and
approved by the City's Chief Building Official.
SC -11 Prior to issuance of a grading permit, the applicant shall submit a soils engineering report and
final geotechnical report to the City's Building Department for approval.
MM -2 The project shall be designed to incorporate the recommendations included in "Revised
Preliminary Geotechnical Design Parameters for the NBCC Planned Community' (April 25, 2008)
and "Report of Geotechnical Studies and Review of Vesting Tentative Tract Map No. 15347"
(May 2, 2008) prepared by GMU Geotechnical that address site grading, site clearing,
compaction, bearing capacity and settlement, lateral pressures, footing design, seismic design,
slabs on grade, retaining wall design, subdrain design, concrete, surface drainage, landscape
maintenance, etc. The Building Department shall review the grading plan to ensure conformance
with recommendations contained in the final geotechnical report.
VII. GREENHOUSE GAS EMISSIONS
Background
The earth's natural warming process is known as the "greenhouse effect" The greenhouse effect keeps
the earth warm and habitable, raising the temperature of the earth's surface by about sixty degrees
Fahrenheit. With the natural greenhouse effect, the average temperature of the earth is about 45
degrees Fahrenheit. Obviously, the earth would be much less inviting without the greenhouse effect' It is
'Climate Change 101: Understanding and Responding to Global Climate Change, published by the Pew Center on Global Climate
Change and the Pew Center on the States.
NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140)
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normal for the earth's temperature to fluctuate over extended periods of time. For example, the climate of
the Northern Hemisphere varied from a relatively warm period between the eleventh and fifteenth
centuries to a period of cooler temperatures between the seventeenth century and the middle of the
nineteenth century.° Viewed in historic terms, global climate change is a natural phenomenon.
Over the past one hundred years, the earth's average global temperature has generally increased by one
degree Fahrenheit. In some regions of the world, the increase has been as much as four degrees
Fahrenheit 5 Many scientists studying the particularly rapid rise in global temperatures during the late
twentieth century say that natural variability does not alone account for what is happening now. Rather,
they say, human activity spawned by the industrial revolution has resulted in increased emissions of
carbon dioxide and other forms of "greenhouse gas" (GHG), primarily from the burning of fossil fuels
(during motorized transport, electricity generation, consumption of natural gas, industrial activity,
manufacturing, etc.) and deforestation, as well as agricultural activity and the decomposition of solid
waste. These scientists refer to the global warming context of the past century as the "enhanced
greenhouse effect" to distinguish it from the natural greenhouse effect.7 While the increase in
temperature is known as "global warming," the resulting change in weather patterns is known as "global
climate change." Global climate change is evidenced in wind patterns, storms, precipitation, and air
temperature.
The human- produced GHGs believed to be responsible for the enhanced greenhouse effect and their
relative influence on the global warming process (i.e., their relative ability to trap heat in the atmosphere)
are estimated to be: carbon dioxide (CO,) (53 percent); methane (CH,) (17 percent); near - surface ozone
(03) (13 percent); nitrous oxide (N20) (12 percent); and chlorofluorocarbons (CFCs) (5 percent). The
most common GHG is CO2, which constitutes approximately 84 percent of all GHG emissions in
California (California Energy Commission, 2006). Worldwide, the State of California ranks as the 12th to
16th largest emitter Of CO2 (the most prevalent GHG) and is responsible for approximately 2 percent of the
world's CO2 emissions (CEC 2006).
The warming pattern of the last 100 years, however, does not present a steady and consistent rise in the
earth's temperature. Scientists have noted significant warming between 1910 and 1940, moderate
cooling from 1940 to 1975, and a large warming again starting in 19758 Additionally, there remains
debate over the precise extent to which the enhanced greenhouse effect differs from the natural
greenhouse effect, as well as the amount of the change in temperature and climate which can be
attributed to human activity, as opposed to natural cycles. There is, however, general agreement within
the scientific community that increasing emissions of GHGs have significantly contributed to a trend of
increasing the Earth's average temperature and that human activity plays a significant role in those
emissions. It also is generally agreed that the warming of the earth produces changes in the Earth's
climate.
Methodology has been evolving over the past several years relative to the evaluation under CEQA of the
potential impacts of GHG emissions upon global climate change and, in turn, the impacts of global
climate change upon the environment. The evaluation contained in this MIND reflects the City's thorough
investigation and analysis of the proposed Project's incremental contribution to greenhouse gas
emissions and the potential impacts those emissions may have on the environment. This evaluation has
been shaped by (i) the provisions of CEQA and its Guidelines (and, specifically, newly effective CEQA
Guidelines addressing the evaluation of GHG emissions) which dictate the required scope and extent of
'Id.
5Brohan, P., J.J. Kennedy, I. Harts, at al., Uncertainty estimates in regional and global observed temperature changes: a new
dataset from 1850. Journal of Geophysical Research, 2006. 111: p. D12106, doi:10.102912003JA009974.
°Intergovernmental Panel on Climate Change. 2001. "Comparison between modeled and observations of temperature rise since the
year 1860." In Climate Change 2001: Synthesis Report, Contribution of Working Groups I, II, and III to the Third Assessment Report.
Robert T. Watson and the Core Writing Team, ads. Cambridge University Press, Cambridge, UK.
'Climate Change 101: Understanding and Responding to Global Climate Change, published by the Pew Center on Global Climate
Change and the Pew Center on the States.
9 Id.
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impact analysis, and (it) the City's recently employed methodology for the evaluation of GHG emissions
which supplements CEQA's requirements. Additional background is as follows:
AB 32 and Amended CEQA Guidelines
In adopting the California Global Warming Solutions Act of 2006 (commonly known as "AB 32 "), the State
Legislature declared that "[g]lobal warming poses a serious threat to the economic well- being, public
health, natural resources, and the environment of California." Further, the Legislature determined that
"the potential adverse impacts of global warming include the exacerbation of air quality problems, a
reduction in the quality and supply of water to the state from the Sierra snowpack, a rise in sea levels
resulting in the displacement of thousands of coastal businesses and residences, damage to marine
ecosystems and the natural environment, and an increase in the incidences of infectious disease,
asthma, and other human health - related problems" The Legislature added that "(g]lobal warming will
have detrimental effects on some of California's largest industries" and will "increase the strain on
electricity supplies necessary to meet the demand for summer air =conditioning in the hottest parts of the
state."
AB 32, however, did not amend CEQA or establish regulatory standards to be applied to new
development or environmental review of projects within the State. Rather, AB 32 initiated a long -term
program for "the development of [GHG] emissions reduction measures" Quoting from a public notice
prepared by the staff of the California Air Resources Board ( "GARB ") in connection with a meeting on
October 25, 2007, to consider "early discrete actions," AB 32 "creates a comprehensive, multi -year
program to reduce greenhouse gas (GHG) emissions in California, with the overall goal of restoring
emissions to 1990 levels by the year 2020." The Act recognizes that such an ambitious effort requires
careful planning and a well thought out set of strategies.
Despite some perceptions to the contrary, neither AB 32 nor subsequent actions taken to date by either
the Legislature, the Governor, the California Air Resources Board (GARB), or the Governor's Office of
Planning and Research (OPR) have established either (i) specific new regulatory standards as part of a
statewide or regional plan to curb global warming impacts, or (ii) thresholds of significance for the
evaluation of either direct or cumulative impacts under CEQA.
Certain milestones were, however, established by the Act, including an important milestone for the
adoption of amended CEQA Guidelines intended to address the methodology for evaluating GHG
impacts (the "Amended Guidelines "). Those Amended Guidelines have been adopted and became
effective on March 18, 2010. However, while the Amended Guidelines provide guidance to public
agencies in their analysis under CEQA of GHG emissions and call for a "good -faith effort, based to the
extent possible on scientific and factual data, to describe, calculate or estimate the amount of greenhouse
gas emissions resulting from a project" (CEQA Guidelines Section 15064.4), they do not establish any
specific thresholds to be used by agencies in evaluating the significance of potential GHG impacts.
Therefore, this MIND evaluates potential GHG impacts by following the guidance of the Guidelines in the
context of the overall directives of CEQA for impact evaluation. To supplement that CEQA analysis, this
MIND also evaluates potential GHG impacts using a separate threshold recently employed by the City for
the evaluation of GHG emissions.
Global Climate Change in the CEQA Context
The evaluation of a project's impacts on global climate change begins with an analysis of the project's
GHG emissions. Greenhouse gases include CO2, CH,, N20, and CFCs. CO2 is the GHG most focused
upon, because it exists in greatest volume in the atmosphere. Currently CO2 levels are approximately 380
ppm (parts per million). Prior to the industrial era (which began in the late 1800s), CO2 levels in the
atmosphere had not exceeded 280 ppm, for the last million years. Due to human activities after the onset
of the industrial era, GHGs, including CO2, have risen at exponential levels. It is well documented that
human activities are a direct cause of increases in GHG concentrations in the atmosphere over this time
period.
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A particular challenge to global climate change analysis under CEQA, however, is that while the
evaluation of a project's direct impacts may start with the simple question of whether the project
contributes to an environmental effect such as global climate change, it does not end there. Rather,
CEQA requires a legitimate determination as to whether the project contributes to a level that makes that
contribution significant. CEQA defines a "significant effect on the environment' as a substantial, or
potentially substantial, adverse change in the environment. Exactly what contribution to an impact is
required for an impact to be "significant' is evaluated through the establishment of a "threshold of
significance."' A threshold of significance cannot be an arbitrary measure. With respect to global climate
change and absent an adopted regulatory standard, the establishment of a feasible and practical
significance threshold which meets the requirements of CEQA and the United States Constitution has
proved challenging.
Because GHGs are well mixed in the atmosphere and remain in the atmosphere for periods ranging from
decades to centuries, GHG emissions from each single worldwide source commingle with emissions from
all other worldwide sources in a matter of days to influence climate change on a global, rather than local
or regional, basis.10 California GHG emissions, for example, do not specifically produce global climate
change impacts in California, but rather quickly commingle with GHG emissions from around the world to
influence global climate change patterns throughout the world. This "commingled" nature of GHG
emissions makes it infeasible to assess the relative contribution of any one project's GHG emissions to
worldwide GHG emissions without undue speculation.
So, while certain emissions may contribute to both air quality and global climate change impacts, air
quality impacts represent an entirely different phenomenon than global climate change impacts.
Therefore, the analysis of the impact of GHG emissions on global climate change requires different
methodology than does the analysis of the impact of the emission of air pollutants on air quality
conditions.
CEQA does not authorize the imposition of mitigation measures that do not comply with the doctrines of
"nexus" and "rough proportionality" (see CEQA Guidelines §15126.4(a)(4)(A and B). These doctrines
have been articulated by the United States Supreme Court and provide, in essence, that before mitigation
may be imposed upon a proposed project, (1) there must be a direct relationship (i.e., "nexus ") between
the impacts of the project and the mitigation imposed and (ii) the mitigation required must be "roughly
proportional" to the project's contribution to the impact relative to existing conditions and other projects.
Thus, even if it were feasible to evaluate the impacts of a small project on global climate change,
mitigation of that project's contribution to global climate change may be required only if (i) the proposed
project's impact can be determined based upon an appropriate threshold of significance, (ii) feasible
mitigation can be identified which has a nexus to the impact, and (iii) the mitigation is roughly proportional
to the proposed project's relative contribution to the impact. These criteria also are infeasible, if not
impossible, to apply without speculation.
CEQA also allows a project to be evaluated for consistency with "applicable general plans and regional
plans" (see CEQA Guidelines §15125(e)). Such plans would include, for example, "the applicable air
quality attainment or maintenance plan." These plans involve legislative or regulatory programs applicable
to all projects within the region. They establish standards which are independent of the impact analysis
described in the CEQA Guidelines (see provisions beginning with Section 15126). Therefore, the
"measuring stick" of a regional plan does not require a typical CEQA impact analysis in order to ensure
compliance with that plan. While the program for GHG emissions reductions and maintenance which
ultimately is intended to result from AB 32 will likely constitute such a regional plan once it is adopted, that
AB 32 program does not yet exist and may not be in place for several years. No other program
establishing such regulatory standards has yet been adopted. Therefore, there is not yet a regional or
statewide plan regulating global warming by which the Proposed Project can be measured.
CEQA Guideline §15064.7 defines a "threshold of significance" as "an identifiable quantitative, qualitative or performance level of a
particular environmental effect, non - compliance with which means the effect will normally be determined to be significant by the
agency and compliance Wth which means the effect normally will be determined to be less than significant"
'oPew Center for Global Climate Change (2003). Designing a Mandatory Greenhouse Gas Emissions Reduction for the U.S.,
retrieved March 12. 2007, from htto:llw . Pewclimate .oro /dOcUoloads /USGas " /n2E.f)df.
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Each of these considerations bears on this MND's evaluation of the potential impacts of GHG emissions
on global climate change.
Threshold for Determining Significance
There is general scientific acceptance that global warming is occurring and that human activity is a
significant contributor to the process, suggesting to some that the emission of even a minute amount of
GHG contributes to the warming process. However, under CEQA, such a conclusion would result in an
improper threshold. The reasons are straightforward.
First, because regulatory programs establishing specific GHG emission standards have not been
adopted, the CEQA analysis of global climate change, must focus only on the "relative" — as opposed to
"absolute" — effects of a project, using existing environmental conditions as a baseline. That means that
the evaluation of a proposed project's potential GHG impacts must determine whether the proposed
project's contribution to global climate change is significant when compared to the conditions existing
when preparation of the EIR began.
Second, of precise relevance to any argument that even small amounts of GHG emissions are intended
to be prohibited by AB 32, AB 32 explicitly established the State's policy that de minimis" emissions shall
not be subject to regulation. Specifically, AB 32 requires that CARIB `recommend a de minimis threshold
of greenhouse gas emissions below which emission reduction requirements will not apply."
Direct Impacts
Given the scope and magnitude of global GHG emissions, there is little, if any, support in the scientific
and environmental communities for the proposition that an isolated project's relatively miniscule
contribution of GHG standing alone (i.e., a direct, as opposed to cumulative, project impact) would
significantly alter the course of global climate change. In its April 13, 2009, letter to the Secretary for
Natural Resources accompanying the proposed Amended Guidelines, OPR stated that the "impact
resulting from greenhouse gas emissions are cumulative in nature" In a 2008 Technical Advisory, OPR
noted that "climate change is ultimately a cumulative impact." Essentially, with the theoretically possible
exception of an extremely large project emitting extreme amounts of GHG, a project's "net'" contribution
to GHG emissions relative to existing conditions is subject to evaluation, if at all, only on a cumulative
basis.
Cumulative Impacts
With respect to cumulative impacts, CEQA establishes specific criteria for impact evaluation when
assessing whether an EIR must be prepared. (CEQA Guidelines §15064(h). The Initial Study and /or MIND
must determine if the proposed project's effects would be "cumulatively considerable," meaning "that the
incremental effects of an individual project are significant when viewed in connection with the effects of
past projects, the effects of current projects, and the effects of probable future projects." (CEQA
Guidelines §15065(h)(1)).
Section 15064(h)(3) of the Guidelines provides that a "lead agency may determine that a project's
incremental contribution to a cumulative effect is not considerable if the project will 'comply with the
requirements in a previously approved plan or mitigation program which provides specific requirements
that will avoid or substantially lessen the cumulative problem" As noted above, no such plan or program
yet exists.
Section 15130 of the Guidelines sets forth the methodology by which an EIR must assess the significance
of cumulative impacts. Because the MIND criteria set forth in Section 15064(h)(1) and 15064(h)(3) are
essentially the same as those set forth in the more detailed Section 15130, this MIND utilizes that more
" "Net" refers to the relative, rather than absolute, contribution of a proposed project when compared to
the existing environmental conditions.
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detailed description as guidance in its evaluation of whether the Proposed Project's potential cumulative
impacts related to global climate change are significant and cumulatively considerable. Section 15130(b)
states that the "following elements are necessary (emphasis added) to an adequate discussion of
significant cumulative impacts:
"(1) Either:
(A) A list of past, present, and probable future projects producing related or cumulative
impacts, including, if necessary, those projects outside the control of the agency, or
(B) A summary of projections contained in an adopted general plan or related planning
document, or in a prior environmental document which has been adopted or certified,
which described or evaluated regional or area wide conditions contributing to the
cumulative impact. Any such planning document shall be referenced and made available
to the public at a location specified by the Lead Agency."
Obviously, absent gross speculation, a list of past, current, and reasonably foreseeable future projects
throughout the world which potentially contribute to global warming is not feasible to assemble. And, as
discussed above, there is not yet an adopted or certified planning document which contains a summary of
projections based on known or likely worldwide projects. Therefore, this MIND cannot feasibly evaluate
potential cumulative project global climate change impacts in the "necessary' manner currently required
by CEQA.
With this extensive background, the analysis of the potential effects of the Proposed Project is as follows:
a) Would the project generate greenhouse gas emissions either directly or indirectly, that
may have a significant impact on the environment?
Less than Significant Impact. During project construction, the URBEMIS2007 computer model predicts
that a peak activity day in the single worst case year of construction (2009 during demolition and grading)
will generate 9,004.8 pounds /day of CO2.
Equipment exhaust also contains small amounts of methane and nitric oxides, which are also GHGs.
Non -0O2 GHG emissions represent approximately a three percent increase in CO2.equivalent (CO2e)
emissions from diesel equipment exhaust. For purposes of analysis, it was assumed that the non -0O2
GHG emissions from construction equipment are negligible, and that the total project construction GHG
burden can be characterized by 40 peak activity days. The estimated annual GHG impact is estimated to
be 164 metric tons (MT) /year, if all the above activities were to occur in a single year.
For screening purposes, the temporary construction activity GHG emissions were compared to the
chronic operational emissions in the SCAQMD's interim thresholds. The proposed industrial operational
threshold is 10,000 metric tons (MT) of CO2e per year. 12 Grading activities generating 164 MT are well
below this threshold. Construction activity GHG emissions are also below the proposed operational
screening criteria of 3,000 MT for non - industrial uses. 13
The Proposed Project's daily operational CO2e emissions will be less than existing emissions from
reduced project -site travel. The annual reduction of 574 MT (631 "short' tons) of CO2e emissions will
offset the 196 MT of "need' CO2e emissions generated by the Proposed Project.
Because the Proposed Project will generate fewer GHG emissions than are generated under existing
environmental conditions and despite the challenge of establishing thresholds of significance for global
climate change impacts, it can be fairly stated that under any threshold which would be permitted by
CEQA, the Proposed Project will not have a significant impact on global climate change.
12 Recommended by the South Coast Air Quality Management District.
13 Id.
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As a result, the Proposed Project will not produce GHG emissions to a level which will have a significant
impact on global climate change.
b) Would the project conflict with an applicable plan, policy or regulation, adopted for the
purpose of reducing the emissions of greenhouse gases?
Less than Significant Impact. As discussed extensively above, there is not yet a plan, policy, or
regulation adopted to reduce GHG emissions which is applicable to the Proposed Project. The City of
Newport Beach, however, has implemented an informal policy for the environmental evaluation of
potential GHG impacts of proposed projects. That policy provides that, until more guidance is provided
from the expert agencies such as CARIB and /or SCAQMD, the City intends to consider projects emitting
1,600 metric tons Of COZe or less per year to be less than significant contributors to global climate
change, thereby not requiring further analysis. For projects exceeding the screening threshold of 1,600
metric tons of COze emissions per year, the City will consider those projects to have significant impacts if
they either (1) are not substantially consistent with policies and standards set out in federal, state, and
local plans designed to reduce GHGs or (2) would emit more than 6,000 metric tons of CO2e per year.
Projects that do not meet these thresholds would be considered to have significant impacts, and thus
could be expected to impede the State's mandatory requirement under AB 32 to reduce statewide GHG
emissions to 1990 levels by 2020. As set forth above, in a'Worst case" year, the Proposed Project's daily
COZe emissions during construction will equal no more than 164 metric tons. The operational activities of
the Proposed Project, which, under CEQA, must be evaluated not in "absolute" terms, but rather by
comparison to existing environmental conditions, will not only be well below the City's informal threshold
at 196 metric tons per year on an absolute basis, but will actually reduce overall operational GHG
emissions by approximately 378 metric tons per year on an ongoing basis.
Therefore, not only will the Proposed Project not conflict with any adopted plan, policy, or regulation
pertaining to GHG emissions and comply with the City's informal GHG threshold, it will actually reduce
GHG emissions on a long -term basis. As a result, the Proposed Project will not produce GHG emissions
to a level which will have a significant impact on global climate change.
Speculation and Guidelines Section 15145
Finally, it must also be noted that Section 15145 of the CEQA Guidelines provides that "[i]f, after thorough
investigation, a lead agency finds that a particular impact is too speculative for evaluation, the agency
should note its conclusion and terminate discussion of the impact" Beyond the analysis contained in this
MND, which, standing alone, complies with CEQA's analysis requirements, technical data does not yet
exist that would allow the City to determine without the use of undue speculation how a project of this size
would, relative to other proposed projects throughout the world, contribute to global climate change.
Evaluation using speculative "per capita" or other projections of worldwide GHG emissions based upon
projections of population growth over many decades may provide valuable information, but would not
constitute an analysis of the "incremental effects" of the project in either of the contexts identified in
Section 15130(b) of the CEQA Guidelines which are discussed above. Therefore, because (i) CEQA
prohibits speculative analysis and (ii) the Proposed Project's projected GHG emissions will not exceed
those generated under existing environmental conditions, further analysis is not required.
Mitigation Measures
Because there are no impacts related to global climate change, no mitigation measures are required.
However, it should be noted that the following standard conditions and project design features have been
incorporated into the Proposed Project and will contribute to the Proposed Project's net long term
reduction of GHG emissions.
SC -12 All new buildings shall meet Title 24 requirements.
SC -13 Water conservation design features shall be incorporated into building and landscape designs
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PDF -1 Design of buildings shall take into account the location of building air intake to maximize
ventilation efficiency and incorporate natural ventilation.
PDF -2 The buildings shall incorporate energy- conserving heating and lighting systems.
PDF -3 The project shall incorporate fast - growing, low water use landscape to enhance carbon
sequestration and reduce water use.
VIII. HAZARDS AND HAZARDOUS MATERIALS
a) Would the project create a significant hazard to the public or the environment through
routine transport, use, or disposal of hazardous materials?
Less than Significant with Mitigation Incorporated. Construction activities associated with the
proposed project would include oil, gas, tar, construction materials and adhesives, cleaning solvents and
paint, and other similar construction - related materials. Transport of these materials to the site and use on
the site would only create a localized hazard in the event of an accident or spills. Hazardous materials
use, transport, storage and handling would be subject to federal, state and local regulations to reduce the
risk of accidents. Equipment maintenance and disposal of vehicular fluids is subject to existing
regulations, including the National Pollutant Discharge Elimination System (NPDES). Given the nature of
the project in terms of scope and size (i.e., redevelopment of existing private golf and tennis facilities), it is
anticipated that normal storage, use and transport of hazardous materials will not result in undue risk to
construction workers on the site or to persons on surrounding areas. The use and disposal of any
hazardous materials on the site and in conjunction with the project will be in accordance with existing
regulations. With the exception of quantities of pesticides, fertilizers, cleaning solvents, paints, etc., that
are typically used to maintain the golf course located on the property, on -going operation of the Newport
Beach Country Club and proposed residential and resort uses will not result in the storage or use of
significant quantities of hazardous materials beyond that currently used. As a result, no significant
impacts are anticipated related to the use, disposal and /or storage of hazardous materials in association
with the proposed uses. As indicated in Section Vlll.c, remediation of the ACM and LBP in accordance
with regulatory requirements would avoid any potential impacts previously identified. No additional
mitigation measures are required.
b) Would the project create a significant hazard to the public or the environment through
reasonably foreseeable upset and accident conditions involving the release of hazardous
materials into the environment?
Less than Significant Impact. According to historical sources and regulatory database information, the
subject property (1600 East Coast Highway) was previously equipped with a 550 - gallon underground
gasoline storage (UST) tank that was installed in the southwestern corner of the property in 1965 and
removed in 1987. A Summary of Remedial Operations Report was prepared (1987); which revealed that
the tank had a dime -sized hole in the bottom. Subsequent sampling and laboratory analysis were
undertaken that indicated elevated levels of hydrocarbon, including aromatic constituents' benzene, were
present in the subsurface soil below the excavation pit. Excavation and sampling of the soils were
conducted, which indicated that the constituents analyzed were non- detect16 and closure was granted by
the Orange County Health Authority (sic). Based on the results of the previous investigation and
regulatory closure, the former 550- gallon UST in the southwestern portion of the subject property is not
expected to represent a significant environmental concern.
The proposed project's demolition and construction do not involve any activities and /or uses that would
utilize hazardous materials or other substances that would, if released into the environment, create a
safety or health hazard, other than those which are part of the existing environmental conditions because
they are currently used to maintain the golf course and related facilities. The nature of the existing golf
course use involves the application, storage, and mixing of pesticides and herbicides on the property.
14 Partner Engineedng and Science, Inc.; Addendum Letter dated March 29, 2010.
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The chemicals are utilized to service the golf course greens and fairways. The chemicals, fertilizers and
other hazardous materials will continue to be maintained on the premises in accordance with existing and
future regulatory storage and use requirements. As a result, no significant impacts are anticipated and no
mitigation measures are required.
In addition, two 55- gallon drums of waste oil within the maintenance area of the golf course were
observed during the field investigation conducted during the Phase I ESA. The drums were used to store
waste oil during golf cart repair activities and were stored over secondary containment. No spills, leaks or
drains were observed near the vicinity of the drains. Based on the good housekeeping practices and lack
of direct conduit to the subsurface of the subject property near the waste oil drums, these drums are not
expected to represent a significant environmental concern. No changes in these operations or activities
are anticipated as a result of project implementation. Continued compliance with regulatory requirements
will ensure that no potentially significant impact would occur. No mitigation measures are required.
Two ponds are located within the boundaries of the golf course. No violations were noted during the
research and information search. No hazardous materials were noted near the vicinity of the ponds,
which are located throughout the golf course. Based on the lack of documented releases and evidence of
hazardous materials near the ponds, they are not expected to pose a significant environmental concern
or hazard.
Finally, three (3) pole - mounted transformers were observed on the subject property. The transformers
are not labeled indicating PCB content. No staining or leakage was observed in the vicinity of the
transformers. Based on the good condition of the equipment, the transformers are not expected to
represent a significant environmental concern. The transformers appear to be owned by Southern
California Edison (SCE), which would be responsible for maintenance of these facilities. Additionally, no
other potential PCB- containing equipment (e.g., interior transformers, oil- filled switches, hoists, lifts, dock
levelers, hydraulic elevators, etc.) was observed on the subject property during the site reconnaissance.
C) Would the project emit hazardous emissions or handle hazardous or acutely hazardous
material, substances, or waste within one - quarter mile of an existing or proposed school?
Less than Significant Impact. Visual asbestos surveys were conducted by Con -Test in 1992 and also
during a Phase I ESA by prepared by Law /Crandall, Inc., in 1994. During that latter visual survey, several
areas within the Newport Beach Country Club facilities were observed to have asbestos containing
materials (ACM), including:
Floor tile located in the back office of the first floor of the clubhouse.
Vinyl flooring located on the second floor next to the ballroom of the clubhouse.
Floor tile located on the first floor in the women's restroom near the office area of the
clubhouse.
Vinyl flooring located on the first floor in the restaurant waiter's room of the clubhouse.
Spray- applied acoustical ceiling located in the manager /receptionist offices, professional
shop, dressing room, and women's locker room of the clubhouse.
Exterior plaster located outside the professional shop of the clubhouse.
Air cell pipe insulation located in the restroom hallway of the kitchen, janitor storage
room, and the roof attic mechanical area of the clubhouse.
Air cell duct insulation located in the roof attic mechanical area.
Pipe elbow insulation located in the roof attic mechanical area of the clubhouse.
Roof penetration sealant located at the perimeter flashings and penetrations of the low
and high roof of the clubhouse.
The visual asbestos survey conducted by Law /Crandall, Inc., also concluded that the ACM reported in a
prior survey conducted in 1992 by Can -Test was still present at the site. The Law /Crandall asbestos
survey recommended that the ACM be maintained in place by instituting an operations and maintenance
(O &M) program (i.e., repair damaged asbestos, clean up of contaminated areas, notification and training
of employees, routine inspections of ACM, etc.), which should continue until the ACM is removed.
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A limited visual evaluation of accessible areas was also conducted during the preparation of the most
recent Phase I ESA prepared by Partner Engineering and Science, Inc., for the presence of suspect
ACM. Based on that limited survey, suspect ACMs were noted in the acoustic ceiling tiles, vinyl floor tiles,
and drywall systems within the buildings located on the subject property. All of the ACM and PACM
(presumed asbestos - containing materials) were noted to be in good condition. Demolition of the existing
Golf Clubhouse and other structures, which were constructed in 1964, is proposed by the applicant.
Without proper remediation, it is possible that ACM could be released into the environment; however,
according to the Environmental Protection Agency (EPA), ACM and PACM that are intact and in good
condition can, in general, be managed safely in -place under an Operations and Maintenance (O &M)
program until removal is dictated by renovation, demolition, or deteriorating material conditions. As
indicated above, an O &M program was recommended in 1994 following completion of the Law /Crandall
asbestos survey.
In addition to ACM, it is also possible that lead -based paint (LBP) may also exist within the structures;
however, due to the commercial nature of the current use of the property, LBP was not considered within
the scope of the Phase I ESA. Because the structures were built in 1964, it is also possible that LBP may
exist within the structures. Similar to ACM, the release of LBP into the environmental could pose a
potential health risk, given the proximity of the residential uses in the project environs. Therefore, prior to
any disturbance of the structures and construction materials within the project site, a comprehensive ACM
and LBP survey shall be conducted and appropriate measures prescribed to ensure that no release of
either ACM or LBP occurs, including during remediation and transport and disposal of those materials.
Remediation shall comply with all applicable regulatory requirements. Air emissions of asbestos fibers
and leaded dust would be reduced to below a level of significance through compliance with existing
federal, state, and local regulatory requirements.
d) Would the project be located on a site which is included on a list of hazardous materials
sites which complied pursuant to Government Code Section 65962.5 and, as a result,
would it create a significant hazard to the public or the environment?
No Impact. Information from standard federal, state, county, and city environmental record sources
provided by Track Info Services Environmental FirstSearch was included in the Phase I ESA. This
information revealed that with the exception of the UST previously discussed (refer to Section Vlll.b), the
subject property is not included on any lists of hazardous materials sites compiled pursuant to
Government Code Section 65962.5. Table 5 summarizes the results of the data base records searches,
which revealed that no environmental concerns were identified on the site or within the requisite
distances.
Based on the database search conducted for the proposed project and included in the Phase I ESA,
neither the subject property nor other properties identified within one mile of the site would expose the
site and /or future users to an environmental concern or hazard. No significant impacts are anticipated
and no mitigation measures are required.
Radon has been identified as a potentially hazardous element. The U.S. Environmental Protection
Agency (EPA) has developed a map to assist National, State, and local organizations to target their
resources and to implement radon - resistant building codes. The EPA has identified a limit of 4.0
picoCuries per Liter (pCUL) as the "Action Limit" for Radon. Radon sampling was not conducted as part
of the Phase I ESA. However, review of the EPA Map of the Radon Zones places the subject property in
Zone 3, where average predicted radon levels are less than 2.0 pCi /L. Therefore, potential impacts are
anticipated to be less than significant.
NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140)
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Table 5
Summary of Environmental Database Search
Newport Beach Country Club
As indicated above, no recognized environmental conditions (REC)' were identified during the on -site
investigation and /or database search conducted for the proposed project and discussed in the Phase I
ESA. As a result, no potentially significant health hazards or environmental hazards are anticipated and
no mitigation measures are required.
'The presence or likely presence of any hazardous substance or petroleum product on a property under conditions that Indicate an
existing release, a past release, or a material threat of a release of any hazardous substances or petroleum products into structures
on the property or into the ground, groundwater, or surface water of the property.
Applicable
Database
Radius
Results
Federal National Priorities List (NPL)
1 Mile
No sites
Federal Comprehensive Environmental Response,
Compensation and Liability Information System
'/z Mile
No sites
CERCLIS
Federal CERCLIS — No further Remedial Action
/ =Mile
No sites
Planned NFRAP
Federal Resource Conservation and Recovery Act
RCRA Corrective Action CORRACTS Facilities
1 Mile
No sites
Federal RCRA Treatment, Storage and Disposal
�� Mile
No sites
TSD List
Federal RCRA Generator List
1/8 Mile
2 facilities
Federal Institutional Controls /Engineering Controls
% Mile
No sites
IC /EC
Federal Emergency Notification Systems (ERNS)
No sites on or adjacent to the
subject property
Tribal lands
1 Mile
No sites
State/Tribal Sites
1 Mile
No sites
State Spills Sites SPILLS
1/8 Mile
No sites
Solid Waste Landfill Facilities SWLF
%Mile
No sites
State/Tribal Leaking Underground Storage Tanks
Yz mile
21 sites
(LUST)
1/8 Mile
8 sites
State/Tribal Underground Storage
The subject property and 3
Tank/Aboveground Storage Tank List UST /AST
additional sites'
State /Tribal VCP
h Mile
No
sites
State/Tribal Brownfield Sites
%z Mile
No sites
'These sites are not located adjacent to the site and, based on the relative distance, are not expected
to pose a significant environmental concern.
2None of the UST sites identified in the database search include such facilities as the Newport Police
Department, service stations, etc., which do not pose a potential environmental concern or hazard to
the subject property.
3Neither the subject property nor the UST /AST sites identified in the Phase I ESA pose a potential
environmental concern or hazard.
SOURCE: Partner Engineering and Science, Inc. (April 3, 2009)
As indicated above, no recognized environmental conditions (REC)' were identified during the on -site
investigation and /or database search conducted for the proposed project and discussed in the Phase I
ESA. As a result, no potentially significant health hazards or environmental hazards are anticipated and
no mitigation measures are required.
'The presence or likely presence of any hazardous substance or petroleum product on a property under conditions that Indicate an
existing release, a past release, or a material threat of a release of any hazardous substances or petroleum products into structures
on the property or into the ground, groundwater, or surface water of the property.
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e) For a project within an airport land use plan or, where such a plan has not been adopted,
within two miles of a public airport or public use airport, would the project result in a
safety hazard for people residing or working in the project area?
No Impact. The project site is located approximately 4.0 miles south of John Wayne Airport (JWA). A
portion of the Newport Beach Country Club property is located within the Airport Environs Land Use Plan
( AELUP) Notification Area (i.e., FAR Part 77) for JWA. Although operations at JWA would not pose a
safety hazard for the golf course and related facilities or future occupants and /or visitors at the site due to
the proximity of the project to the airport, the City is required to submit the PC Amendment to the Airport
Land Use commission (ALUC) for a determination of consistency in accordance with Section 4.3 of the
AELUP prior to adoption by the City. Therefore, no significant impacts are anticipated and no mitigation
measures are required.
For a project within the vicinity of a private airstrip, would the project result in a safety
hazard for people residing or working in the project area?
No Impact. The subject property is not located within proximity to a private airstrip. Development of the
site as proposed will not result in potential adverse impacts, including safety hazards, to people utilizing
the proposed golf and tennis amenities or others residing or working in the project area. Therefore, no
significant impacts will occur as a result of project implementation and no mitigation measures are
necessary.
g) Would the project impair implementation of or physically interfere with an adopted
emergency response plan or emergency evacuation plan?
Less than Significant Impact. The City of Newport Beach has prepared an Emergency Operations Plan
that designates procedures to be followed in case of a major emergency. Pacific Coast Highway is
designated as an evacuation route in the City. The project site is not designated for emergency use
within the Emergency Operations Plan. The primary concern of the Public Safety Element and the City of
Newport Beach is in terms of risks to persons and personal property. Although the site is subject to
seismic shaking, development pursuant to building and fire code requirements will ensure that the
potential impacts are minimized or reduced to an acceptable level. The site is not located within a flood
hazard area or subject to such potential disasters. Development of the subject property as proposed will
not adversely affect either the evacuation routes or the adopted emergency operations planning
program(s) being implemented by the City of Newport Beach. Potential circulation impacts associated
with construction will be temporary in nature and will be addressed through the Construction Staging Plan
that will be implemented (refer to Section XVI.f.) In addition, any construction vehicles within the public
right of way are prohibited from completely blocking vehicular and emergency access by the Vehicle
Code. As a result, potential short-term circulation impacts associated with construction would not be
significant.
h) Would the project expose people or structures to a significant risk of loss, injury or death
involving wildland fires, including where wildlands are adjacent to urbanized areas or
where residences are intermixed with wildlands?
No Impact. Neither the project site nor the surrounding areas are not located within a 'Potential Fire
Hazard Area" as identified by the Newport General Plan Public Safety Element. The subject property is
located within an urbanized area of the City of Newport Beach. No significant areas of natural vegetation
and /or habitat exists on the site and the proposed project would not be directly affected by the potential
for wildland fires. There are no major urban or wildland fire hazards that pose a significant threat to the
development. Therefore, the site is not subject to a potential risk of wildland fires. No significant impacts
as a result of wildland fires will occur if the project is implemented and no mitigation measures are
necessary.
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Mitigation Measures
The following measures shall be implemented to ensure that no potentially significant hazards or
hazardous material impacts identified in the preceding analysis occur.
SC -14 Prior to any disturbance of the construction materials within the Golf Clubhouse and/or the Tennis
Clubhouse, a comprehensive ACM and LBP survey shall be conducted. Any repairs,
renovations, removal or demolition activities that will impact the ACM and /or LBP or inaccessible
ACM shall be performed by a licensed asbestos contractor. Inaccessible suspect ACM shall be
tested prior to demolition or renovation. Proper safety procedures for the handling of suspect
ACM and LBP shall be followed in accordance with federal, state and local regulatory
requirements federal and California Occupation Safety and Health Administration (OSHA), and
Air Quality Management District (AQMD) Rule 1403, which sets forth specific procedures- and
requirements related to demolition activities involving asbestos containing materials and
SCAQMD Regulation X - National Emission Standards For Hazardous Air Pollutants, Subpart M -
National Emission Standards For Asbestos, which include demolition activities involving
asbestos.
SC -15 During demolition, grading, and excavation, workers shall comply with the requirements of Title 8
of the California Code of Regulations Section 1532.1, which provides for exposure limits,
exposure monitoring, respiratory protection, and good working practice by workers exposed to
lead. Lead - contaminated debris and other wastes shall be managed and disposed of in
accordance with the applicable provision of the California Health and Safety Code.
IX. HYDROLOGY AND WATER QUALITY
a) Would the project violate any water quality standards or waste discharge requirements?
Less than Significant impact. Waste discharges associated with this project that could affect water
quality would be limited to non -point source discharges, including potential storm water runoff of
construction materials and wastes and storm water runoff from the developed site. This project would not
generate any point sources of water pollution; all wastewater generated by the proposed project would
discharge directly to the Citys sanitary sewer system, which would not affect the present permit to
operate the affected wastewater treatment plant. Because the proposed project consists of development
similar to existing and adjacent properties, the raw sewage that would be generated by the proposed
project would be similar in nature to that now generated and would not significantly affect wastewater
treatment.
Potentially adverse water quality impacts during the construction phases would be avoided through
compliance with existing regulatory programs administered by the City of Newport Beach and the Santa
Ana Regional Water Quality Control Board (RWQCB). While it is impossible to anticipate all potential
environmental issues that could arise on a daily basis during the course of the project, the site will be
designed to address sediment and erosion control for both temporary (i.e., construction) and long -term
(i.e., operational) activities occurring on the subject property. The water quality features incorporated into
the project will be selected to address the main pollutants of concern for a project of this type, and for the
impacted water body, i.e. Newport Bay. Newport Bay, which is located approximately 0.5 mile from the
site, is listed as an "impaired" water body under Section 303(d) of the Clean Water Act, with respect to
copper, nutrients, pathogens, pesticides (e.g., chlordane, DDT, PCBs, etc.), and sediment toxicity.
The pollutants of concern associated with the proposed project include sediment, nutrients, pathogens
(i.e., bacteria /viruses), and pesticides. Urban runoff pollutants and their potential sources are
summarized in Table 6.
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Table 6
Urban Runoff Pollutants
Newport Beach Country Club
Pollutants
Potential Source
303(d) Listing
Sediment/Turbidity
Landscape Activities
Lower Newport Bay 801.14 Sediment
Nutrients
Fertilizers
Lower Newport Bay 801.14 Nutrients
Bacteria and Viruses
Animal Waste
Lower Newport Bay 801.14 Nutrients
Oil and Grease
Automobiles
N/A
Oxygen Demanding Substances
Landscape Activities
NIA
Trash and Debris
Human Waste
N/A
Pesticides
Landscape Activities
Lower Newport Bay (801.14 (Chlordane,
DDT, Or anos hos hate pesticides
SOURCE: Adams Streeter, Civil Engineers, Inc. (January 14, 2009
Implementation of the water quality features prescribed in the NPDES Technical Study prepared for the
project, prior to issuance of the grading permit, will ensure that this project does not violate any water
quality standards during construction. As a result, no significant impacts are anticipated and no additional
mitigation measures are required.
In accordance with the Water Quality Management Plan that will be prepared for the project, appropriate
BMPs will be incorporated to ensure that water quality impacts are minimized, including for the hand car
wash, which includes a feature to capture and clean the wash water before it enters the sanitary sewer
system. It is important to note that no water quality features exist within the limits of the project site. As a
result, surface runoff currently emanating on the site and entering Newport Harbor is not treated.
However, project implementation will incorporate BMPs that will treat the surface runoff associated with
the existing and proposed development and will discharge treated water that will meet discharge
requirements prescribed for Newport Harbor. Tables 10 (General Plan Policy Analysis) and 11 (Coastal
Land Use Policy Analysis) in Section X (Land Use and Planning) provide a discussion of the project's
consistency with relevant General Plan and Coastal Land Use Plan policies related to water quality. As
indicated in that discussion, the proposed project is consistent with meeting the intent of minimizing
potential water quality impacts. Therefore, no long -term water quality impacts are anticipated as a result
of project implementation.
b) Would the project substantially deplete groundwater supplies or interfere substantially
with groundwater recharge such that there would be a net deficit in aquifer volume or a
lowering of the local groundwater table level (e.g., the production rate of pre- existing
nearby wells would drop to a level which would not support existing land uses or planned
uses for which permits have been granted)?
No Impact. This project would not result in a significant increase in water demand and the project's
potable and non - potable water demands would be met through a connection to the City's domestic water
system. The proposed project would actually result in some increased groundwater, recharge through its
design, which includes a decrease in the amount of impervious surfaces (i.e., a concomitant increase in
the amount of pervious surfaces on the site), thereby resulting in increased groundwater recharge. No
water wells are proposed or required to meet the water demands of this project. There are no water wells
located on or near the site, and since this project would not affect any existing wells or require any new
water wells, the project will not result in the lowering of the water table. No significant impacts to
groundwater recharge are anticipated and no mitigation measures are required.
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C) Would the project substantially alter the existing drainage pattern of the site or area,
including through the alteration of the course of a stream or river, in a manner which
would result in substantial erosion or siltation on- or off -site?
Less Than Significant Impact. No stream or river exists on site, which is developed with a Golf Club,
clubhouse and related ancillary facilities and the Tennis Club. The portion of the property that is the
subject of the proposed improvements encompasses less than 20 acres within five drainage areas.
Existing surface runoff generated on the subject property is directed through each drainage area to
existing on -site storm drain facilities before entering a 69 -inch reinforced concrete pipe (RCP) that
extends under Coast Highway and to a discharge point in Newport Harbor west of the site, which has
been identified as containing "environmentally sensitive areas" as defined by the 2003 Orange County
Drainage Area Management Plan (DAMP) and the Water Quality Control Plans for the Santa Ana Basin.
Although on -site soils would be exposed during grading of the property, a variety of Best Management
Practices (BMPs) would be implemented both during construction and during the long -term operation of
the proposed project. For example, sediment control BMPs will be installed and maintained at all
operational storm drain inlets and permanent erosion control BMPs (either physical or vegetation) shall be
in place and operational during grading and construction to ensure that on- and off -site erosion is
minimized. Furthermore, compliance with applicable building, grading and water quality codes and
policies, which are performed during the plan check stage, will ensure that surface flows can be
accommodated and water quality protected, including potential erosion. As a result, no significant
impacts are anticipated and no mitigation measures are required.
d) Would the project substantially alter the existing drainage pattern of the site or area,
including through the alteration of a course of a stream or river, or substantially increase
the rate or amount of surface runoff in a manner which would result in flooding on or off -
site?
Less than Significant Impact. As indicated above, project implementation will alter the existing
drainage conditions on the site. At the present time, the development area (i.e., less than 20 acres) is
divided into five drainage areas. Drainage Areas A and B comprise the existing Golf Clubhouse and
parking lot, totaling 11.59 acres. Slormwater runoff occurring in Drainage Area A (7.7 acres) occurs as
sheet flow in a southeasterly direction towards a curb and gutter that empties into a catch basin in the
southerly corner of the parking lot. The catch basin is connected to an 18 -inch RCP pipe, which connects
to an existing 24 -inch RCP that runs parallel to Coast Highway. Area B. comprised of 3.89 acres that
encompass a portion of the grassy golf course, sheet flows towards Irvine Terrace Road and into a cross
gutter, where it is directed to two catch basins on Irvine Terrace Road. This flow ultimately connects to
the same 24 -inch RCP pipe identified for Drainage Area A. The 25 -year volume (Q25) for Drainage Areas
A and B is 26.56 cubic feet per second (cfs) at elevation 85.0 msl in the 24 -inch RCP. The combined flow
conveyed in the 24 -inch RCP enters an existing 69 -inch RCP storm drain, which conveys the runoff to
Newport Bay where it is discharged.
Drainage Area C encompasses 5.62 acres within the tennis club area in the easterly portion of the
property. Surface runoff within Drainage Area C sheet flows over the tennis courts and onto the parking
lot; storm flows then sheet flow over the parking lot, through a curb cut -out and into a drainage sump
consisting of an 18 -inch square inlet. Flows are conveyed from the inlet, via an 8 -inch PVC pipe, which
also connects to the 69 -inch RCP. The Q25 volume generated in Drainage Area C is 14.27 cfs, which
enters an existing 8 -inch polyvinyl pipe (PVC) and then a 69 -inch RCP. The existing 8 -inch PVC pipe that
was installed during the Corporate Plaza West Extension is deficient (in size) and cannot efficiently
convey storm flows under the existing conditions.
The smallest drainage area (Drainage Area D) encompasses 0.19 acre in the southeastern corner of the
Balboa Bay Tennis Club. Less than 1 cfs (025) is directed south where it enters the parking lot of the
adjacent commercial office property and is accommodated in the existing storm runoff facilities of that
property.
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Drainage Area E encompasses 1.24 -acres that remain within in the tennis club (six tennis courts and
entry to the parking lot). Runoff generated on the property sheet flows over the existing tennis courts into
a concrete v- ditch, into a curb and gutter, and finally into a 12 -inch inlet. Flows travel from the inlet, via a
12 -inch PVC, which transitions to an 18 -inch RCP before entering the 24 -inch RCP in Coast Highway. All
of the surface flows emanating on the site are conveyed in the existing 69 -inch RCP that ultimately
discharges into Newport Harbor. A summary of the existing storm flows generated within each of the
drainage areas is presented in Table 7.
Table 7
Existing Runoff
Newport Beach Country Club
Sub -Area
Area
In Acres
Flow (Q)
cfs
A & B
11.59
26.56
C
5.62
14.27
D
0.19
0.82
E
1.24
4.16
Total
18.64
45.81
SOUCE: Adams - Streeter Civil Engineers Inc. (July 10, 2009
The proposed development is also divided into five drainage areas; however, these areas have been
reconfigured based on the grading associated with the project design. Drainage Areas A and B (11.68
acres) comprise nearly the same areas as previously identified; however, Drainage Area A has
decreased in size to 6.59 acres and Drainage Area B has increased in size to 5.09 acres. Storm flows
emanating from Drainage Areas A and B are proposed to be captured using a storm system comprised of
catch basins and pipes ranging in size from 8 inches to 24 inches. The proposed storm drain system will
be installed within the site's parking lot and within the site's entry westerly parkway and will connect to the
existing 24 -inch RCP storm drain that connects to the existing 69 -inch RCP storm drain. The post -
development runoff volume (Q25) is estimated to be 27.82 cfs. The existing 24 -inch storm drain is not
adequate to accept and convey the existing or proposed storm flows. Therefore, this facility will be
upsized.
Drainage Area C will be expanded to encompass 6.16 acres, including some of the existing tennis courts,
a new center court, Tennis Clubhouse, pool, The Bungalows, and The Villas along with interior street and
paths. Storm flows for Area C will be captured using a storm drain system comprised of catch basins and
pipes ranging in size from eight to 30 inches. Because inadequate storm drain stubs were provided to the
project area (i.e., one 12 -inch PVC pipe and one 8 -inch PVC pipe), a 30 -inch RCP will be constructed in
the parking lot of the adjacent property. This Drainage Area will generate a Q25 volume of 20.74 cfs.
Drainage Area D encompasses 0.63 acre in the southeastern corner of the tennis facility. This area will
consist of the newly designed and /or reconfigured parking lot for the Tennis Club. Storm flows emanating
in Drainage Area D will sheet flow in a southerly direction to the existing parking lot located on the
adjacent property. Once in the parking lot, it will sheet flow into existing catch basins and into the existing
69 -inch RCP. This drainage area will generate a Q25 of 2.64 cfs.
Drainage Area E comprises the smallest of the five drainage areas and is located near the southwestem
limits of the tennis facility. The 0.19 -acre area will generate a storm flow volume of 0.81 cfs (Q25), which
would travel to the southwest corner of the site where it would enter a catch basin that will connect to an
existing 8 -inch PVC pipe that would also connect to the 69 -inch RCP south of the subject property. Table
8 provides a summary of the post - development runoff conditions.
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Table 8
Post - Development Runoff
Newport Beach Country Club
Sub -Area
Area
to Acres
Flow (Q)
cfs
A & B
11.68
27.82
C
6.16
20.74
D
0.63
2.64
E
019
0.81
Total
18.66
52.01
SOUCE:. Adams - Streeter Civil Engineers Inc. (July 10, 2009
Project implementation would result in an increase of approximately 13.5 percent in storm surface runoff
volume. Table 9 provides a comparison of the pre- and post - development runoff characteristics.
Table 9
Pre- and Post Development Runoff Comparison
Newport Beach Country Club
Sub -Area
Existing
Runoff Qzs cfs
Developed
Runoff 025 cfs
Difference
AS cfs
A & B
26.56
27.82
1.26
C
14.27
20.74
6.47
D
0.82
2.64
1.82
E
4.16
0.81
-3.35
Total
45.81
52.01
6.2
SOUCE: Adams - Streeter Civil Engineers Inc. (July 10, 2009
Although the land use for the proposed project has a lower runoff coefficient than that under existing
conditions, the overall flow volumes have increased as a result of the lower time of concentration that
occurs when the storm flows are routed in a pipe versus sheet flow under existing conditions. As
indicated above, project implementation will result in an increase of 62 cfs entering the 69 -inch RCP that
will convey the storm flows to Newport Harbor. This increase in runoff equates to a 1.3 percent increase
in the existing 462 cfs that currently flows in this facility. Because the time of concentration within the 69-
inch RCP is much greater than the site's contribution in flow, the increased runoff generated by the
proposed project would be negligible and, therefore, would not have a significant impact on the existing
storm drain facilities. -
The site will be graded and designed to facilitate post - development storm flows. Therefore, no significant
impacts are anticipated and no mitigation measures are required.
e) Would the project create or contribute runoff water which would exceed the capacity of
existing or planned stormwater drainage systems or provide substantial additional
sources of polluted runoff?
Less than Significant Impact. Although project implementation will result in a decrease in impervious
surfaces on the site, additional surface runoff would be generated (refer to the previous discussion in
Section IX.d). However, the post - development impervious surfaces would be reduced by approximately
2,300 square feet, which would not generate a significant amount of stormwater runoff (i.e., an increase
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of 6.2 cfs). The existing storm drainage collection and conveyance facilities within the project area (i.e.,
18- and 24 -inch pipes previously described) will be upgraded as determined necessary to provide
adequate capacity to accommodate the proposed project. No significant impacts are anticipated and no
mitigation measures are required.
f) Would the project otherwise substantially degrade water quality?
Less than Significant Impact. As indicated previously, Newport Bay is listed as an "impaired" water
body under Section 303(d) of the Clean Water Act, with respect to metals, pesticides and priority
organics. Changes in surface runoff are anticipated as a result of the development of the subject property
as proposed that could result in potential impacts to water quality. However, the project will be designed
to comply with all relevant building, grading and water quality codes and policies to ensure that there will
not be an adverse effect on water quality, either during construction or during the operational life of the
project. The applicant will be required to prepare a Stormwater Pollution Prevention Plan (SWPPP),
which will identify both structural and non - structural features intended to minimize erosion and
sedimentation as well as other water quality impacts that would occur during the construction phase. In
addition, a Conceptual WQMP identifies several measures that would minimize potential water quality
impacts. Final plan check will include the preparation of an adequate drainage and erosion control plan
that must be found to meet applicable standards. Therefore, no significant impacts are anticipated and
no mitigation measures are required.
g) Would the project place housing within a 100 -year flood hazard area as mapped on a
federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard
delineation map?
No Impact. The subject property is not located within the 100 -year flood plain as delineated on the Flood
Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA) for the City of
Newport Beach. The site is located in Zone X (Other Areas), which is classified by FEMA as "Areas
determined to be outside the 0.2 percent annual chance floodplain." During a 100 -year storm, the site
would be protected from flooding, as the water surface for all street flows would remain within the gutter
and street; average depth of flow for the entire site is less than one foot. Secondary overflow for the site
is provided by outletting through the site's interior streets to the exit on Coast Highway. As a result, no
homes would be placed within the 100 -year flood plain and no significant impacts would occur.
h) Would the project place within a 100 -year flood hazard area structures which would
impede or redirect flood flows?
No Impact. No residential structures are proposed to be located within the 100 -year flood zone. Refer to
the response to Section IX.g.
i) Would the project expose people or structures to a significant risk of loss, injury or death
involving flooding, including flooding as a result of the failure of a levee or dam?
No Impact. As indicated above, the project site is not located within a flood hazard area or within an area
subject to flooding due to dam or levee failure. Figure S3 (Flood Hazards) in the Newport Beach Safety
Element indicates that in the event of failure of either the San Joaquin Reservoir or the Big Canyon
Reservoir, the site would not be subject to flooding. Therefore, project implementation will not result in a
potentially significant impact; no mitigation measures are required.
j) Would the project be subject to inundation by seiche, tsunami, or mudflow?
Less than Significant Impact. The subject property is located inland of Coast Highway and is not within
the area of influence of Newport Harbor area. Tsunamis (i.e., seismic sea waves) are generated on
offshore faults by movement that is primarily vertical in nature. The subject property is not within a
Tsunami Hazard Zone illustrated on Figure S1 (Coastal Hazards) in the City's Safety Element. According
to that figure, in the event of a tsunami, surge waves would threaten the lower elevations along the
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Newport Beach coastline and in Newport Bay; however, the site is not subject to the effects of a tsunami.
No significant impacts are anticipated and no mitigation measures are required.
Seiche is defined as a standing wave oscillation effect generated in a closed or semi - closed body of water
caused by wind, tidal current, and earthquake. Seiche potential is highest in large, deep, steep -sided
reservoirs or water bodies. The nearest such water bodies include San Joaquin Reservoir, which is
located approximately two miles northeast of the site and Big Canyon Reservoir, located approximately
one mile east - northeast of the subject property. The subject property is located well beyond the area that
could potentially be inundated as a result of a seiche. In addition, Newport Bay, which is located
approximately one -half mile east of the project area, lacks significant potential for damaging seiche
because it is very shallow. As a result, no significant impacts are anticipated and no mitigation measures
are required.
k) Would the project result in significant alteration of receiving water quality during or
following construction?
Less than Significant Impact. Refer to responses to Section IX.a and Section IX.f.
1) Would the project result in potential for discharge of stormwater pollutants from areas of
material storage, vehicle or equipment fueling, vehicle or equipment maintenance
(including washing), waste handling, hazardous materials handling or storage, delivery
areas, loading docks or other outdoor work areas?
Less than Significant Impact. Stormwater discharge from the site will be virtually the same as the
stormwater currently generated on the site, which are those associated with the residential and recreation
uses. In addition, the proposed residential and bungalows would also contribute similar stormwater
pollutants that may include detergents, fertilizers, pesticides, automobile hydrocarbons, etc., typically
associated with those uses. Although some temporary impacts associated with construction of the
proposed structures may occur (refer to Sections IX.a through IX.f), no new long -term outdoor storage,
maintenance, fueling or work areas are proposed. The golf cart storage and maintenance areas, which
are currently located above grade, partially open on one side, are proposed to be fully enclosed in the
lower level of the new clubhouse. Project implementation will result in improvements to the stormwater
discharges associated with site development. The project will be designed to comply with all requisite
codes and policies prescribed by the City of Newport Beach to ensure that stormwater impacts during or
after construction are minimized or eliminated to the maximum extent possible. For example, the City's
standard practice is to require street sweeping as a construction control measure, rather than washing
down the street surface, to avoid runoff of construction wastes, sediment and debris into the storm drain
system or the bay. Other construction BMPs would include those that address sediment control and
waste management and materials pollution control. Little or no pollution control measures exist within the
property, which was developed before the more stringent regulatory controls were enacted. As a result,
with the implementation of such structural and non - structural BMPs as well as the project's compliance
with the requirements imposed by the City, no significant impacts are anticipated and no additional
mitigation measures are required.
M) Would the project result in the potential for discharge of stormwater to affect the beneficial
uses of the receiving waters?
Less than Significant Impact. Refer to responses to Section IX.a and Section IX.f.
n) Would the project create the potential for significant changes in the flow velocity or
volume of stormwater runoff to cause environmental harm?
Less than Significant Impact. Project implementation will result in a decrease in impervious surfaces
on the site. It must be noted that even though the land use for the proposed development has a lower
runoff coefficient than the existing condition, the overall Flow volumes have increased. This is due to the
lower time of concentration that occurs when the storm flows are routed in a pipe versus the current
condition of sheet flow. However, the site would be graded in order to ensure that post - development
NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140)
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Page 75
runoff is minimized and, further, is directed to existing storm drain facilities that have adequate capacity to
accommodate the increase flows. As a result, this project would not result in adverse impacts due to
changes in the flow velocity or volume of storm water runoff.
o) Would the project create significant increases in erosion of the project site or surrounding
areas?
Less than Significant Impact. See responses to IX.a through IX.f. As previously indicated, part of the
final plan check review includes the preparation of an adequate drainage and erosion control plan that
must be found to meet applicable City standards. Implementation of this plan will ensure that potentially
significant increases in erosion resulting from the proposed project will not occur. No mitigation measures
are required.
Mitigation Measures
The applicant has prepared an NPDES Technical Study that identifies a range of BMPs and related water
quality features to ensure that water quality impacts associated with the proposed project are reduced to
an acceptable level. Implementation of BMPs that will be refined and included in the Stormwater
Pollution Prevention Plan (SWPPP) will ensure that construction impacts are minimized. Similarly, BMPs
will also be refined and incorporated into the project design to avoid post- construction impacts to water
quality. Therefore, no significant impacts are anticipated and no mitigation measures are required.
SC -16 Prior to issuance of a grading permit, the project applicant shall be required to submit a notice of
intent (NO]) with the appropriate fees to the State Water Quality Resources Control Board for
coverage of such future projects under the General Construction Activity Storm Water Runoff Permit
prior to initiation of construction activity at a future site. As required by the NPDES permit, a Storm
Water Pollution and Prevention Plan (SWPPP) will be prepared and will establish BMPs in order to
reduce sedimentation and erosion.
SC -17 Prior to issuance of a grading permit, the project applicant shall prepare a Water Quality
Management Plan (WQMP) for the project and submit the WQMP to the City of Newport Beach for
approval. The WQMP shall specifically identify Best Management Practices (BMPs) that will be used
to control predictable pollutant runoff, including flow /volume -based measures to treat the'Tirst flush:'
The WQMP shall identify at a minimum the routine structural and non - structural measures specified
in the Countywide NPDES Drainage Area Master Plan (DAMP), which details implementation of the
BMPs whenever they are applicable to a project, the assignment of long -term maintenance
responsibilities, and shall reference the locations of structural BMPs.
SC -18 Prior to issuance of a grading permit, the project applicant shall prepare a Storm Water Pollution and
Prevention Plan (SWPPP). The SWPPP will establish BMPs in order to reduce sedimentation and
erosion and prevent construction pollutants from leaving the site. The project shall also incorporate
all monitoring elements as required in the General Construction Permit. The project applicant shall
also develop an erosion and sediment control plan to be reviewed and approved by the City of
Newport Beach prior to issuance of grading permit.
SC -19 Future site grading and construction shall comply with the drainage controls imposed by the
applicable building code requirements prescribed by the City of Newport Beach.
X. LAND USE AND PLANNING
a) Would the project divide an established community?
No Impact. The 145 -acre site is developed with golf and tennis facilities. The proposed project includes
the construction of a larger Golf Clubhouse and modifications to the existing Tennis Club on the subject
property. As indicated previously, the area surrounding the subject property is entirely developed with
mixed -use development, including residential, professional office, commercial and governmental land
NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140)
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Page 76
uses. Development of the site as proposed would not directly affect adjacent properties because it is
consistent with the applicable development standards and requirements for site development as
prescribed in the proposed Planned Community District development regulations. In particular, project
implementation does not include features that would physically divide or otherwise adversely affect or
change an established community (e.g., roadways, flood control channels, etc_).
The proposed Golf Clubhouse is in keeping with the intensity of development and existing character in the
project environs. No significant impacts will occur and no mitigation measures are required.
b) Would the project conflict with any land use plan, policy, or regulation of an agency and
jurisdiction over the project (including, but not limited to the general plan, specific plan,
local coastal program, or zoning ordinance) adopted for the purpose of avoiding or
mitigating an environmental effect?
Less than Significant Impact. The Newport Beach General Plan, the Coastal Land Use Plan and the
Newport Beach Zoning Code contain land use plans, policies and regulations of concern with respect to
avoiding or mitigating an environmental effect. Consistency of the proposed project with applicable
provisions and /or policies of the relevant Elements of the General Plan are addressed in Table 10.
Table 10
General Plan Policy Analysis
Newport Beach Country Club
- Policy
No.
General Plan Pollcy� I Consistency Analysis
Land Use Element
Maintain and enhance the beneficial and unique
The proposed project Includes an adoption of the PC
character of the different neighborhoods, business
District regulations, which will guide development
districts, and harbor that together identify Newport
occurring within the project site. The development
LU 1.1
Beach. Locate and design development to reflect
standards address building height, setbacks, landscaping,
Newport Beach's topography, architectural diversity,
architectural character, etc., and are intended to ensure
and view sheds.
that the City's unique character, which reflects both land
use and architectural diversity, Is maintained,
The area in which the site is located is characterized by a
variety of residential, commercial, recreation, and public
land uses that reflect a range of densities and a variety of
'
architectural styles, which contribute to the unique
While recognizing the qualifies that uniquely define its
character of the City. The intensity of the proposed project
neighborhoods and districts, promote the identity of the
(i.e.. larger Golf Club clubhouse and redeveloped tennis
LU 1.2
entire City that differentiates it as a special place within
center) and architectural character are compatible with the
the Southern California region.
variety of densilles and styles within the area, which is
consistent with the identity' of the City. The architectural
character of the proposed clubhouse and related tennis
center development, including The Bungalows and The
Villas, is consistent with the City's desire to differentiate
Newport Beach from other coastal cities.
Enhance existing neighborhoods, districts, and
corridors, allowing for reuse and infill with uses that are
The character of the proposed Golf Club, Tennis Club, The
complementary in type, form, scale, and character.
Bungalows, and The Villas is compatible with the existing
Changes in use and /or densityAntensity should be
land uses and development intensities in the project area.
considered only in those areas that are economically
Additionally, the proposed land uses are allowed under the
under performing, are necessary to accommodate
existing General Plan. The project has been designed to
Newport Beach's share of projected regional
be compatible with the existing residential, commercial,
LU 3.2
population growth, improve the relationship and reduce
and open space /recreation that exists in the vicinity of the
commuting distance between home and jobs, or
project site. In addition, the area in which the project is
enhance the values that distinguish Newport Beach as
located Is adequately served by existing Infrastructure,
a special place to live for its residents. The scale of
including circulation, sewer, water, and stone drainage
growth and new development shall be coordinated with
systems. As a result, project implementation will not
the provision of adequate infrastructure and public
adversely affect those systems or the provision of
services, Including standards for acceptable traffic level
adequate service to nearby development.
of service.
LU 4.1
Accommodate land use development consistent with
The uses proposed by the applicant are consistent with
I
the Land Use Plan.
the General Plan Land Use Element i.e., land use
NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2O05 -140)
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Policy
No.
General Plan Policy'
Consistemc Analysis
designation), which designates the golf course site PR
(Parks and Recreation) and the tennis site MU-H3/PR.
The proposed Golf Clubhouse . is within the 35,000 square
foot allowable development limit permitted in Anomaly 74
of the Land Use Element The tennis facility is located in
Anomaly 46, which allocates 24 tennis courts with
residential permitted in accordance with the MU -113
designation. Per LU 4.3 Transfer of Development Rights,
(Page 3-20.d of the General Plan) density transfers are
allowed within the Newport Center area (refer to LU
6.14.3). Based on this policy, the transfer of 27 hotel units
from Anomaly 43 to Anomaly 46 (i.e.. subject property)
may be permitted, subject to the approval of the City with
the finding that the transfer is consistent with the intent of
the General Plan and that the transfer will not result in any
adverse traffic Impacts. In addition to the Transfer of
Development Intensity, within Newport Center there are
remaining 20 single - family units allocated for the Newport
Center to accommodate the 5 single - family homes needed
for The Villas. The proposed land uses are consistent with
the land use designation prescribed for the site as well as
the TDR and residential allocation within Newport Center.
Permit the transfer of development rights from a
property to one or more other properties when:
a. The donor and receiver sites are within the same
Statistical Area.
b. The reduced densitylntensity, on the donor site
provides benefits to the City such as, but not
limited to, the (1) provision of extraordinary open
space, public visual corridor(s), parking or other
amenities (2) preservation of an historic building or
property or natural landscapes; (3) improvement of
LU 42
the area's sale and development character; (4)
Refer to Policy 6.14.3.
consolidation of lots to achieve a better
architectural design than could be achieved
without lot consolidation; and/or (5) reduction of
local vehicle trips and traffic congestion.
c. The increment of growth transferred to the receiver
site complements and is In scale with surrounding
development, complies with community character
and design policies contained in this plan, and
does not materially degrade local traffic conditions
and environmental quality.
d. Transfer of Development Rights in Newport Center
is governed by Policy 6.14.3.
Although the site is not located adjacent to lower density
residential development (e.g., single - family detached), the
project has been designed to respect the proximity of the
existing residential development adjacent to the project
site. Specifically, single - family residential development Is
Require that the height of development In
proposed in the area nearest to the existing residential
nonresidential and higher density residential areas
development to buffer the private recreation uses of the
LU 5.1.2
transition as it nears lower density residential areas to
Tennis Clubhouse. In addition, the proposed PC District
minimize conflicts at the interface between the different
text and regulations prescribe maximum building heights,
types of development.
setback requirements, etc., for each of the development
components to ensure land use compatibility. The
maximum building height has been established at 50 feet.
The height of the proposed Golf Clubhouse is proposed to
vary but would not exceed the maximum 50 -foot height
limit prescribed for that use.
Require that properties developed with a mix of
As illustrated in the proposed site plan, the proposed
residential and non - residential uses be designed to
project includes a new golf clubhouse, tennis clubhouse
achieve high levels of architectural quality in
and related amenities, twenty-seven (27) short-term
LU 5.3.3
accordance with Policies 5.1.8 and 5.2.2 and planned
visitor- serving units (Bungalows). And five (5) single- family
to assure compatibility among the uses and provide
residential dwelling units. The proposed project provides
adequate circulation and parking. Residential uses
adequate parking for each of the proposed uses.
should be seamlessly integrated with non - residential
Vehicular and pedestrian circula0on has been designed to
uses throw h architecture, pedestrian walkways, and
accommodate both residents of the Villas, as well as
LU 5.3.4
LU 6.14.2
LU 6.14.3
LU 6.14.6
LU 6.14.8
H 1.1
NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140)
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Page 78
General
walls or other design elements.
Require that sufficient acreage be developed for an
individual use located in a district containing a mix of
residential and non - residential uses to prevent
fragmentation and assure each use's viability, quality,
and compatibility with adjoining uses.
Provide the opportunity for limited residential, hotel,
and office development In accordance with the limits
specified by Tables LU1 and LU2.
Development rights may be transferred within Newport
Center, subject to the approval of the City with the
finding that the transfer is consistent with the intent of
the General Plan and that the transfer will not result in
any adverse traffic Impacts.
Encourage that pedestrian access and connections
among uses within the district be improved with
additional walkways and streetscape amenities
concurrent with the development of expanded and new
uses.
residential and mixed -use development projects that
use the residential 450 units identified in Table LU2
(Anomaly Locations). Development Agreements shall
define the improvements and benefits to be contributed
by the developer in exchange for the City's
commitment for the number, density, and location of
Support all reasonable efforts to preserve, maintain,
and improve availability and quality of existing housing
and residential neighborhoods, and ensure full
utilization of existing City housing resources for as long
into the future as physically and economically possible.
Club /spa and Bungalows. The architectural character of
the uses is defined in the PC District Regulations to
ensure that compatibility between the proposed uses and
the nearby areas Is maintained.
As Indicated above, each of the uses has been designed
to complement the overall development proposed by the
applicant. The three distinct uses are connected via the
vehicular and pedestrian circulation system, Including
sidewalks and pedestrian pathways. Land use
compatibility Is achieved through a common landscape
theme and design guidelines In the PC District Regulations
to ensure that the architectural integrity of the project is not
The project proposes a mix of land uses, including single -
family residential, golf and tennis facilities and visitor -
serving commerclal (i.e., 'Bungalows") uses. These uses
are permitted in Table LU1. Residential development is
units from Anomaly No. 46 to the subject property. As
indicated In the analysis of traffic. the proposed project
would result in the generation of 221 daily vehicle trips for
the 27 bungalows. Project implementation will result In the
generation of 1,183 daily vehicle trips, Including those
generated by the bungalows (221 hips), which equates to
a net reduction in not only daily trips (389), but also a.m.
and p.m. peak hour trips (35) when compared to the
existing land uses. The reduction of vehicle trips
anticipated as a result of the proposed project will not
result in any significant impacts to the existing traffic and
circulation conditions In the project area. Therefore, the
proposed project would not result in any significant traffic
impacts.
In addition, implementation of the proposed project is
consistent with the intent of the Newport Beach General
Plan, as reflected in this analysis. As indicated above, the
project has been designed to be consistent with the
surrounding land uses and promotes recreation and
tourism. The project is consistent with the relevant
policies in the Land Use and other elements of the
As indicated on me site plan, me proposed project
provides for both pedestrian and vehicular access
between the Golf and Tennis facilities. Sidewalks and
pedestrian pathways are incorporated into the circulation
system that are intended to accommodate pedestrians
utilizing the golf and tennisispa facilities as well as the
future residents of the proposed Villas. The landscape
plan includes plants materials that are Intended to reflect
and complement the existing character within the project
The applicant has proposed a Development Agreement,
which must comply with the provisions of this policy,
including the identificaflon of improvements and benefits
resulting from implementation of the proposed project.
The project site does not Include any existing housing.
However, the applicant is proposing five (5) semi - custom,
single- family residential dwelling units on the subject
property, which will improve the availability and quality of
housing in the City. These dwelling units will supplement
the City's housing supply.
I�Ml
HR 2.1
CE 7.1.1
CE 7.1.8
R 1.1
NzaW
NR 3.4
NR 3.5
NR 3.9
NR 3.11
NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140)
INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION
Page 79
Historical Resources
Require that, in accordance with U=UA, 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 archaeological and
paleontological resources and require that the Impact
caused by any development be mitigated in
Require that new development provide adequate,
convenient parking for residents, guest, business
patrons, and visitors.
Site and design new development to avoid use of
parking configurations or management programs that
are difficult to maintain and enforce.
Require developers of new residential subdivisions to
provide parklands at five acres per 1,000 persons, as
stated in the City's Park Dedication Fee Ordinance, or
to contribute in -lieu fees for the development of public
recreation facilites meeting demands generated by the
development's resident population, as required in the
Establish and actively promote use of water conserving
devices and practices in both new construction and
major alterations and additions to existing buildings.
This can include the use of rainwater capture, storage,
and reuse facilities.
Require all development to comply with the regulations
under the City's municipal separate storm drain system
permit under the National Pollutant Discharge
Elimination System ( NPDES).
Require that development does not degrade natural
water bodies.
Although it is unlikely that archaeological and /or
paleontological resources would be encountered during
grading and/or construction, the City requires that a
certified archaeological /paleontological monitor be
available during grading to ensure that if such resources
are encountered, grading activities can be diverted in
order to evaluate the resources and recommend
appropriate measures to protect and /or preserve them.
The proposed project provides adequate parking as
demonstrated in the Traffic and Parking Evaluation
prepared by Kmley -Horn and Associates and prescribed
in the PC District regulations for the project. The project
Will meet the anticipated parking demand on -site with 398
parking spaces. In addition to the parking proposed to
accommodate the proposed uses, additional parking within
two off -site parking easement areas encompass over 554
additional parking spaces that can be used for special
parking spaces. Including 28 spaces that are allocated to
the Tennis Clubhouse (28 required), 50 parking spaces for
the Bungalows /spa (49 required). and 300 packing spaces
for the Golf Club (244 required). In addition, 20 parking
spaces are also proposed to accommodate the 5 Villas (20
The proposed project includes the development of five
'semi- custom, single - family residential dwelling units. The
residential component of the proposed project will be
subject to the City's Park Dedication Fee Ordinance. It is
anticipated that the applicant will be required to pay the
applicable in -lieu fee.
water conservauon measures win be required to be
incorporated into the proposed project as prescribed in
Chapter 14.16 (Water Conservation and Supply Level
Regulations) and Chapter 14.17 (Water- Efficient
Landscaping) of the Newport Beach Municipal Code. In
addition, the proposed hand car wash will comply with
Chapter 14.36 (Water Quality) to ensure that surface
runoff associated with that use does not result in the
degradation of either surface or groundwater. Finally, the
BMPs are intended to meet the requirements prescribed In
NPDES requirements established by the City, including
the preparation of a SWPPP to address construction
activities and a WQMP for long -term operations of the
As indicated above, the proposed project will implement
BMPS to improve the quality of both construction- related
and long -tens runoff emanating from the site prior to their
Require new development applications to include a
Water Quality Management Plan (WQMP) to minimize
runoff from rainfall events during construction and post-
construction.
Include site design and source control BMPS in all The proposed project complies with the requirement to
developments. When the combination of site design prepare a SWPPP and WQMP to address both
and source control BMPS are not sufficient to protect construction and post- development water quality impacts.
NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2OO5 -140)
INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION
Page 80
Policy
No.
General Plan Policy'
Consistency Analysis
water quality as required by the NPDES, structural
Both site design and structural BMPs will be incorporated
treatment BMPs will be Implemented along with site
into the project to ensure that surface flows emanating
'
design and source control measures.
from the subject property are treated prior to their
discharge Into Newport Harbor. The SWPPP and WQMP
will be sufficient to protect water quality as prescribed by
the NPDES requirements of the City.
As required by the NPDES permit, a Storm Water Pollution
and Prevention Plan ( SWPPP) will be prepared and will
Require grading/erosion control plans with sWCtu21
establish both structural and non - structural BMPs in order to
BMPS that prevent or minimize erosion during and after
reduce sedimentation and erosion during the construction
NR 4.4
construction for development on steep slopes, graded,
Phase. These measures will be Incorporated in the
control plan (refer SC-10) submitted to the
or disturbed area.
City of Newport Beach. In addition, the applicant has
City of Newport di
prepared a WQMP to address post - development water
quality impacts.
Require developers to use and operate construction
The proposed project will comply with all South Coast
NR 8.1
equipment, use building materials and paints, and
AQMD rules and requisite local, state and federal
control dust created by construction activities to
requirements to reduce air pollutant emissions during
minimize air pollutants.
construction.
Require new development to protect and preserve
paleontological and archaeological resources from
destruction, and avoid and minimize Impacts to such
resources in accordance with the requirements of
NR 18.1
CEQA. Through planning policies and permit
Refer to Response to Policy No. HR 2.1.
conditions, ensure the preservation of significant
archaeological and paleontological resources and
require that the impact mused by any development be
mitigated In accordance with CEQA.
Because implementation of the proposed project requires
the approval of an amendment to the Land Use Element of
the Newport General Plan, it is subject to the provisions of
SB 18, which requires consultation with Native American
Notify cultural organizations, including Native American
representatives before adopting or amending a general
organizations, of proposed development that have the
plan. The City has complied with the requirements of SB
NR 18.3
potential to adversely Impact cultural resources. Allow
18 by submitting a request to the Native American
qualified representative of such groups to monitor
Heritage Commission (NAHC). In addition, the City also
grading and /or excavation of development sites.
sent letters to the Native American representatives.
Informing each of the proposed project. However, no
response was received by the City from any of the Native
American representations requesting consultation within
the 90-day statutory period..
Require new development, where on site preservation
and avoidance are not feasible, to donate scientifically
NR 18.4
valuable paleontological or archaeological materials to
Refer to Response to Policy No. HR 2.1.
a responsible public or private institution with a suitable
repository, located within Newport Beach or Orange
county, whenever possible.
Project implementation will not result in any significant
visual impacts to the segment of Newport Center Drive
north of Farallon, which is designated as a Coastal View
Protect and, where feasible, enhance significant scenic
Road, or to the Public View Point identified in Irvine
and visual resources that Include open space
Terrace Park located south of East Coast Highway. Views
NR 20.1
,
mountains, canyons, ridges, ocean, and harbor from
from vantages along Newport Center Drive will not be
public vantage points, as shown In Figure NR3.
significantly altered as a result of project implementation.
The development would not be visible from this Coastal
View Road because of the landscaping that exists along
the roadway, which blocks and /or filters views to the
subject property.
Protect and enhance public view corridors from the
NR 20.3
following roadway segments (shown in Figure NR3),
Refer to Response to Policy No. NR 20.1.
and other locations may be identified In the future
(Newport Center Drive).
The building mass and architectural character of the
proposed project will be regulated through the PC District
Continue to regulate the visual and physical mass of
regulations that have been proposed. The City will ensure
NR 22.1
structures consistent with the unique character and
that these regulations do not compromise the unique
visual scale of Newport Beach.
aesthetic character of the City.
S4.7
N 1.1
N 1.4
N 1.6
N 1.8
R[tfl
\FtCcl
N 5.1
NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140)
INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION
Page 81
Element
Conduct further seismic studies for new development
in areas where potential active faults may occur.
with current adopted codes and regulations, including the
California Building Code, which prescribe the design
standards for new development to protect life and
property. In addition, site and structural design
recommendations are also Included in the Preliminary
Geolechnicat Report prepared that vrill be incorporated
Noise Element
Require that all proposed projects are compatible with
the noise environment through use of Table N2, and
enforce the interior and exterior noise standards shown
In Table N3.
Require that applicants of residential portions of mixed -
use projects and high density residential developments
in urban areas (such as the Airport Area and Newport
Center) demonstrate that the design of the structure
will adequately isolate noise between adjacent uses
and units (common floor /ceilings) in accordance with
the California Building Code.
Encourage new mixed -use developments to site
loading areas, parking lots, driveways, trash
enclosures, mechanical equipment, and other noise
sources away from the residential portion of the
development.
Require the employment of noise mitigation measures
for existing sensitive uses when a signiflcant noise
impact is identified. A significant noise impact occurs
when there is an increase in the ambient CNEL
produced by new development impacting noise
Table N3, and in the City's Municipal Code to ensure
that sensitive noise receptors are not exposed to
excessive noise levels from stationary noise sources,
such as heating, ventilation, and air conditioning
Enforce the Noise Ordinance noise limits and limits on
hours of maintenance or construction activity In or
adjacent to residential areas, including noise that
results from in -home hobby or work - related activities.
Enforce the limits on hours of construction activity.
Me proposed uses, including the Golt Club and lennls
Club, the Bungalows, and the villas are consistent with the
noise parameters prescribed in .Table N2. The residential
uses will not be subject to exterior noise levels that exceed
65 dBA CNEL and the non - residential uses are also
consistent with the land use noise cempatibllity, matrix
based on noise levels that to not exceed 75 dBA CNEL.
proposed project (refer to Section XII), project activities will
entall the continuation of long standing outdoor golf and
tennis uses and limited indoor activities. Outdoor
recreational activities at the Country Club represent a
continuation of existing activities, which are compatible
with the nearby residential and non - residential
development in the project environs. Although some noise
is associated with tennis, in particular, it is not so Intrusive
that it would be disruptive or incompatible with the existing
uses. Furthermore, the proposed residential component
(i.e., the "Villas "), is not located adjacent to Coast Highway
or other high volumes arterials that would generate noise
levels that exceed exterior and /or interior standards.
Therefore, no significant long -term noise impacts would
No loading docks or other high noise generating features
are located in proximity to the proposed "Villas" A
mitigation measure requires that heating, venting, and air
conditioning (HVAC) equipment in or adjacent to residential
areas must not exceed applicable noise levels as required by
Noise mitigation have been prescribed to ensure that
construction noise impacts are reduced to a less than
significant level. In addition, proper siting of HVAC
equipment will reduce operational noise levels in the
residential area in compliance with this policy.
proposed Villas) would be protected from excessive
interior and exterior noise levels through compliance.with
the noise standards adopted by the City and presented in
Table N3 of the Noise Element. Both interior and exterior
noise levels will comoly with the adopted standards.
by the City of Newport Beach and prescribed in the Noise
Ordinance. In addition, operational noise associated with
the proposed tennis and golf facilities would also be
reeulated by the Citv's Noise Ordinance.
City's Noise Ordinance, which will be strictly enforced by
NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140)
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Page 82
Coastal Land Use Plan
As previously indicated, the subject property is located in the Coastal Zone delineated within the City of
Newport Beach and is, therefore, subject to the adopted policies contained within the adopted Coastal
Land Use Plan. Consistency with the applicable policies of that CLUP are presented in Table 11.
Table 11
Coastal Land Use Plan Policy Analysis
Newport Beach Country Club
Policy
No.
CLUP Polic
Consistenc Analysis
Land Use
The proposed project is consistent with the land use
designation on the adopted Coastal Land Use Plan, which .
designates the golf course site OS (Open Space) and the
tennis site MU -H /PR (Mixed Use Horizontal /Parks &
Recreation). The Open Space designation allows golf
courses. The MU -H /PR designation allows horizontally -
distributed mix of uses, which may include general or
Land uses and new development in the coastal zone shall
neighborhood commercial, commercial offices, multi -
2.1.2-1
be consistent with the Coastal Land Use Plan Map and all
family residential, visitor - serving and marineaelated uses,
applicable LCP policies and regulations.
buildings that vertically integrate residential with
commercial uses, and active public or private recreational
uses, including parks, golf courses, marina support
facilities, aquatic facilities, tennis clubs and courts, private
recreation, and similar facilities. In addition, the project
addresses the relevant policies related to development of
the site and the protection of coastal resources identified
in the CLUP as discussed in this table.
General Development Policies
Project implementation will result in some intensification of
the development [hat exists within the limits of the
Planned Community. As previously indicated, the
Continue to allow redevelopment and infill development
proposed project does not exceed the intensity of
2 2 1 1
within and adjacent to the existing developed areas in the
development allocated in the General Plan for Anomaly
coastal zone subject to the density and intensity limits and
No. 46 and Anomaly No. 74. Because the proposed
resource protection policies of the Coastal Land Use Plan.
project would result in the redevelopment of the existing
uses, project Implementation would not adversely affect
any coastal resources and development is consistent with
applicable coastal resource policies.
The proposed project Is located in an area of the City of
Newport Beach that Is adequately served by a range of
Require new development be located in areas with
public services and utilities, including police and fire
2.2.1-2
adequate public services or in areas that are capable of
protection; circulation; sewer, water and stone drains; and
having public services extended or expanded without
electricity and natural gas. Adequate service will continue
significant adverse effects on coastal resources.
to be provided to the proposed uses. The provision of
those public services and utilities will not result in any
si niricant adverse effects on coastal resources.
Residential Develop mant
The proposed PC District regulations prescribe the
development standards for both residential and non-
residential land uses proposed for the project. The
maximum building height for the proposed single - family
Continue to maintain appropriate setbacks and density,
residential dwelling units (i.e., 5 units), which are located
floor area, and height limits for residential development to
in the vicinity of the existing residential development, will
2.7 -1
protect the character of established neighborhoods and to
range from 21 feet for Villa A to approximately 35 feet for
protect coastal access and coastal resources.
Villa D. Similar to building height, the front, rear, and side
yard setbacks will vary, depending on the location and
relationship of The Villas to each other and to existing
residential development to the northeast, which are two
and three stories In height.
rn
2.8.7 -2
2.8.7 -3
2.9.3.1
2.9.3 -2
PX1IKIiq
2.9.3 -5
NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2OO5 -140)
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Require new development to provide adequate drainage
and erosion control facilities that convey site drainage In a
non - erosive manner in order to minimize hazards
resulting from increased runoff, erosion and other
hydrologic impacts to streams.
Require .applications tor new development, where
applicable (i.e., in areas of known or potential geologic or
seismic hazards), to include a geologic/soiis /geotechnical
study that identifies any geologic hazards affecting the
proposed project site, any necessary mitigation
measures, and contains a statement that the project site
Is suitable for the proposed development and that the
development will be safe from geologic hazard. Require
such reports to be signed by a licensed Certified
Engineering Geologist or Geotechnical Engineer and
Site and design new development to avoid use of parking
configurations or parking management programs that are
difficult to maintain and enforce.
Continue to require new development to provide off - street
parking sufficient to serve the approved use in order to
minimize impacts to public on -street and off -street parking
available for coastal access.
However, as required by the NPDES permit, a Storm
Water Pollution and Prevention Plan (SWPPP) will be
prepared and will establish both structural and non-
structural BMPS in order to reduce sedimentation and
erosion during the construction phase. These measures
will be incorporated In the grading /erosion control plans
submitted to the Citv of Newoort Beach.
With the exception of the potential effects of moderate to
strong seismic shaking, the subject property is not located
in an area characterized by potential coastal hazards.
Preliminary geotechnical design parameters for the
proposed project have been recommended based on
subsurface exploration and laboratory testing of the site
soils. The proposed structures will be constructed based
on those design parameters.
accommodate all of the proposed uses, including the Golf
Club, Tennis Clubhouse, the Bungalows, and The Villas.
A total of 398 parking spaces is provided in the plan,
including 28 parking spaces allocated to the Tennis Club
(28 required), 50 parking spaces for The Bungalows /spa
(49 required), and 300 parking spaces for the Golf Club
(244 required). In addition, 20 parking spaces are
proposed to accommodate the five Villas (20 required).
The parking plan provides for a surplus of 57 parking
spaces based on the proposed PC District parking
requirements.
In addition to the on -site parking provided, the site plan
indicates that the an exisflng parking easement in favor of
the project site provides access to an additional 554
parking spaces in the evenings and on weekends and
holidays, if needed for parking overflow during tennis and
golf events. However, such events are subject to a
"special event permit," must be approved by the City. In
addition to other requirements, it must be shown that
adequate parking can be provided for such activities.
The proposed project provides adequate parking as
demonstrated In the Traffic and Parking Evaluation
prepared by Kimley -Norm and Associates and reflected in
the PC district regulations. A surplus of 57 parking
spaces is available on -site. In addition, off -site parking is
also available for special events. An existing off -site
Parking Agreement will provide for an additional 554
parking spaces to accommodate the proposed project.
No imoacts to coastal access are anticipated.
enhance public access to the coast by providing adequate Refer to Policy 2.9.3 -1.
parking pursuant to the off - street parking regulations if
the Zonina Code in effect as of October 13. 2005.
Continue to require off -street parking in new development
to have adequate dimensions, clearances, and access to
Insure their use.
for dimensions and clearance; access to the parking is
adequate. A new drive aisle with a drop -off area will also
be added to the front of the Golf Clubhouse and a second
entry point to the main parking lot will be added at the
northwest comer of the lot. The parking rows In the main
parking lot will be reconfigured to an east -west orientation,
with access aisles provided on both ends of the parking
lot. Each of the drive aisles will be 26 feet wide. which
provides adequate room for circulation, turning, and
3.1.1 -11
3.1.1 -26
3.2.1 -3
4.3.1 -6
4.3.1 -7
4.3.2 -3
4.3.2 -8
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Shoreline and Bluff Too Access
Require new development to minimize impacts to public I coastal zone, it is not located along the Newport Beach
e:
access to and along the shorelin shoreline and, therefore, would not deter coastal access
public access from the nearest public roadway to the
shoreline and along the shoreline with new development
except where (1) it is inconsistent with public safety,
military security needs, or the protection of fragile coastal
Provide adequate park and recreational facilities to
accommodate the needs of new residents when allowing
new development.
Require gradinglerosion control plans to include soil
stabilization on graded or disturbed areas.
Require measures to be taken during construction to limit
land use disturbance activities such as clearing and
grading, limiting cut -and -fill to reduce erosion and
sediment loss, and avoiding steep slopes, unstable areas,
and erosive soils. Require construction to minimize
disturbance of natural vegetation, including significant
trees, native vegetation, root structures, and other
physical or biological features important for preventing
erosion or sedimentation.
Require that development not result in the degradation of
coastal waters (including the ocean, estuaries and lakes)
caused by changes to the hydrologic landscape.
To the maximum extent practicable, runoff should be
retained on private property to prevent the transport of
bacteria, pesficldes, fertilizers, pet waste, oil, engine
coolant, gasoline, hydrocarbons, brake dust, fire residue,
and other pollutants into recreational waters.
As indicated above. direct shoreline access from the
subject property does not exist.
The proposed project site consists of 145 acres that
presently encompass a private golf and tennis facilities.
Although private in nature, these facilities will continue to
serve a segment of the City's recreational needs. In
addition, the five single- family residential dwelling units
proposed (i.e., The Villas) will be subject to the City's park
ine project appucenr is regwrea to prepare ano
Implement BMPs pursuant to the Stonnwater Pollution
Prevention Plan (SWPPP) that will be required prior to the
Issuance of the grading permit for the proposed project.
Implementation of these construction BMPs will ensure
that grading /eroslon control measures are implemented.
These measures are Intended to minimize erosion and
stabilize the site during grading. As Indicated above, the
applicant will also be required to Implement BMPs to
ensure that point source and non -point source pollutants
are minimized.
BMPs will be required as part of the project's development
In order to ensure that the potential discharge of pollutants
of concern is minimized. The NPDES Technical Study
prepared for the project identifies a range of potential
BMPs that are intended to minimize erosion associated
with water and wind. Several potential erosion control
measures have been Identified, Including the use of
hydroseeding, hydromulch, preservation of existing
vegetation, scheduling of construction to avoid the climatic
conditions that contribute to potential erosion, soil binders,
velocity dissipation devices, etc. The SWPPP that will be
prepared and approved by the City of Newport Beach will
ensure that all appropriate BMPs are Implemented to
ensure that potential construction- related water quality
existing golf and tennis facilities, project implementation
will not result in significant changes to the existing runoff
conditions; however, because both construction and post-
construction BMPs will be incorporated into the project
design, it is anticipated that some improvement in the
quality of the storm and related surface runoff emanating
from the site will occur when compared to the existing
runoff quality. As Indicated above, the applicant will be
required to prepare a WQMP and SWPPP to ensure that
surface discharges do not degrade the receiving waters.
These plans must be approved by the City of Newport
required to Incorporate BMPs that address on -site
retention and treatment of surface runoff. The WQMP
and SWPPP will Include measures to prevent the
discharge of pollutants into the storm drain system.
Potential post- censtruclion BMPs that may be
implemented Include grassy swales, detention basins,
Infiltration basins, infiltration trenches, porous pavement,
4.3.2 -11
4.3.2 -12
4.3.2 -13
4.3.2 -16
4.3.2 -23
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Require new development to minimize the creation of and
increases in impervious surfaces, especially directly
connected Impervious areas, to be maximum extent
practicable. Require redevelopment to increase area of
pervious surfaces, where feasible.
purification, and retention functions of natural drainage
systems that exist on the site, to the maximum extent
practicable. Where feasible, design drainage and pmject
plans to complement and utilize existing drainage patterns
and systems, conveying drainage . from the developed
area of the site in a non - erosive manner. Disturbed or
degraded natural drainage systems should be restored,
where feasible.
Site development on the most suitable portion of the site
and design to ensure the protectlon and preservation of
natural and sensitive site resources.
repaired as necessary to ensure proper functioning for the
life of the development. Condition coastal development
permits to require ongoing application and maintenance
as is necessary for effective operation of all BMPs
(including site design, source control, and treatment
txegwre new oevelopment appncaaons to mouae a water
Quality Management Plan (WQMP). The WQMP's
purpose is to minimize to the maximum extent practicable
dry weather runoff, runoff from small storms (less the 3/4"
of rain falling over a 24 -hour period) and the concentration
of pollutants in such runoff during construction and post-
hydrodynamic separator systems, etc. The BMPs will
ensure that runoff will be treated to prevent the continued
degradation of Newport Bay. Project implementation will
result in an improvement to surface water quality because
Project Implementation will result in an Increase of 62 cis
when compared to the existing runoff volume. This
increase in runoff equates to a 1.3 percent Increase In the
existing 462 cis that currently flows in this the existing 69-
inch RCP that transports the flows to Newport Bay where
it is discharged. As indicated above, the Implementation
of BMPs will require detention and treatment prior to
Only minor changes will occur to the existing drainage
systems that accommodate runoff from the site. Surface
flows will generally be directed in the same fashion and
into the same existing drainage facilities that currently
accept storm runoff generated on the site.
resources because it has been substantially altered by
prior development of golf and tennis facilities. It is
anticipated that some additional pervious area of the
property will be improved with structures and impervious
surfaces on the Golf Club component, however, the
proposed development will occur In the same general
area of the site that is currently developed. No important
natural and/or sensitive site resources would be adversely
affected by the proposed project The minor increase in
surface runoff attributed to site development would be
treated prior to Its ultimate discharge into Newport Bay to
The SWPPP and WQMP that will be prepared for the
proposed project wlll include a maintenance plan and
program to ensure that the structural BMPs function
effectively and efficiently and that surface runoff meets
discharge requirements.
An NPDES Technical Study has been prepared and is the
precursor to the WQMP, which will identify both structural
and non-structure BMPs to treat surface runoff generated
on the site.
Protect and, where feasible, enhance the scenic and The project is not located along the ocean, bay or harbor
4.4.1 -1 visual qualities the coastal zone, including public views and is devoid of coastal bluffs and other features Identified
to and along the
------ :_ ay, and harbor and to coastal by the City as Important visual amenities.
4.4.1 -2
4.4.1 -6
Design and site new development, Including landscaping,
so as to minimize impacts to public coastal views,
incorporates a hierarchy of landscape materials, including
mature trees, shrubs, and ground cover in a thematic
approach to ensure that the aesthetic integrity of the site
is maintained and the character complements the coastal
character of the coastal zone within which the site is
located. In particular, a variable setback along East Coast
Highway will be landscaped and beamed to soften and
aesthetically enhance and screen the parking lot and to
provide enhanced views into the site to provide a greater
buffer between the park and residential development
4.4.2 -2
4.4.3 -15
4.5.1 -1
4.5.1 -2
4.5.1 -3
4.5.14
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Continue to regulate the visual and physical mass of
structures consistent with the unique character and visual
scale of Newport Beach.
from vantages along Newport Center Drive wit not be
significantly altered as a result of project implementation.
The development would not be visible from this Coastal
View Road because of the landscaping that exists along
the roadway, which blocks and/or filters views to the
Villas, The Bungalows, and the Tennis Club. The
proposed PC District regulations prescribe the
architectural character of the proposed structures as well
as development standards related to building height,
setbacks, landscaping, etc., to ensure that the mixed uses
are compatible with the surrounding development. As
Indicated in the PC District regulations, the development
standards are intended to °... ensure the harmony and
continuity of design parameters that are respectful to the
properties of Its California coastal heritage" The
development and design standards address building
mass, scale, materials; landscape treatment, and
Design and site new development to minimize the the existing golf and tennis facilities. As a result, no
removal of native vegetation, preserve rock outcroppings, significant rock outcroppings or other important visual
and protect coastal resources. amenities exist on the site. No native vegetation will be
Require new development to protect and preserve
paleontological and archaeological resources from
destruction, and avoid and minimize impacts to such
resources. If avoidance of the resources is not feasible,
require an in situ or site - capping preservation plan or a
recovery plan for mitigating the effect of the development
Kequim a qualihed paleentologlsvarchaeotogist to monitor
all grading and /or excavation where there is a potential to
affect cultural or paleontological resources. If grading
operations or excavations uncover
paleontological /archaeological resources, require the
paleontologisVarchaeologist monitor to suspend all
development activity to avoid destruction of resources
until a determination can be made as to the significance
of the paleontological /archaeological resources. If
resources are determined to be significant, require
submittal of a mitigation plan. Mitigation measures
considered may range from in -situ preservation to recover
and/or relocation. Mitigation plans shall include a good
faith effort to avoid impacts to cultural resources through
methods such as, but not limited to, project redesign, in
situ preservation /capping, and placing cultural resources
Notify cultural organizations, including Native American
organizations, of proposed developments that have the
potential to adversely impact cultural resources. Allow
qualified representatives of such groups to monitor
grading and/or excavation of development sites.
feasible, require new development to donate scientifically
valuable paleontological or archaeological materials to a
responsible public or pdvate institution with a suitable
repository, located within Orange County, whenever
I ne proposea project includes the reaevelopment or an
existing golf and tennis facilities, which have resulted in
significant alteration of the existing site. Although it is not
expected that significant cultural resources would be
encountered on the site during grading and construction,
a cultural resources monitor will be available during
grading to ensure that should such resources be
encountered, appropriate measures will be implemented
to orotect artifacts and related materials.
In the event human remains, cultural resources and /or
fossils are encountered, ground - disturbing excavations in
the vicinity of the discovery shall be redirected or halted
until a qualified archaeological/paleontological monitor
inspects the site to assess the significance of the find. A
Native American representative shall be contacted if there
is a likelihood that human remains could be of Native
American origin.
Native American organizations as mandated by SB18.
Because the site has been altered by grading and
development that has occurred in the past, it is unlikely
that potential impacts to cultural resources would occur,
however, monitoring during grading will be required. In
the event important cultural resources are encountered,
Consistent with this policy, any discovery of artifacts
and /or resources, along with supporting documentation
and an itemized catalogue, will be accessioned into the
collections of a suitable repository.
4.5.1 -5 Where there is a potential to affect cultural or As indicated above, it is not anticipated that cultural
_paleontological resources, require the submittal of an I resources would be encountered based on the level of
NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140)
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Policy
No:
CLUP Policy
Consistency Analysis
archaeological /cultural resources monitoring plan that
disturbance that has taken place on the site. However,
identifies monitoring methods and describes the
should such resources be encountered during grading
procedures for selecting archaeological and Native
and construction, the archaeologicaUpaleontological
American monitors and procedures that will be followed if
monitor will have the authority to hall or redirect grading
additional or unexpected archaeological /cultural
operations to avoid Impacts and allow proper evaluation
resources are encountered during development of the
and disposition of the resources.
site. Procedures may include, but are not limited to,
provisions for cessation of all grading and construction
activities in the area of the discovery that has any
potential to uncover or otherwise disturb cultural deposits
in the area of the discovery and all construction that may
foreclose mitigation options to allow for significance
testing. additional investigation and mitigation.
Environmental Review
Require applications for new development, where
applicable, to include a geologictsoils/geotechnical study
that identifies any geologic hazards affecting the project
site, any necessary mitigation measures, and contains
A geological assessment has been prepared (refer to
statements that the project site is suitable for the
Section VI of this analysis, which describes the potential
proposed development and that the development will be
geotechnical constraints (e.g.. settlement, ground
safe from geologic hazard for its economic life. For
shaking, etc.) that affect site development. Several
4.6-9
development on coastal bluffs, including bluffs facing
recommendations have been identified to ensure that the
Upper Newport Bay, such reports shall include slope
proposed structures and project components are
stability analyses and estimates of the long -term average
adequately protected from potential soils, geologic and
bluff retreat rate over the expected life of the
seismic conditions.
development. Reports are to be signed by an
appropriately licensed professional and subject to review
and approval by qualified city staff member(s) and /or
contracted employee(s).
C) Would the project conflict with any applicable habitat conservation plan or natural
community conservation plan?
No Impact. As previously indicated, the subject property is currently developed with private golf and
tennis facilities. As a result, the project site does not support either sensitive habitat and /or species.
Furthermore, the property is not subject to a habitat conservation plan area or natural community
conservation plan area. Therefore, no significant impacts are anticipated and no mitigation measures are
required.
Mitigation Measures
No significant impacts are anticipated and no mitigation measures are required.
XI. MINERAL RESOURCES
a) Would the project result in the loss of availability of a known mineral resource that would
be of value to the region and the residents of the state?
No Impact. The project site is currently developed with private golf and tennis facilities. Neither the
Newport Beach General Plan (Land Use Element and/or Recreation and Open Space Element) nor the
State of California has identified the project site or environs as a potential mineral resource of Statewide
or regional significance. No mineral resources are known to exist and, therefore, project implementation
will not result in any significant impacts.
NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140)
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b) Would the project result in the loss of availability of a locally - important mineral resource
recovery site delineated on a local general plan, specific plan, or other land use plan?
No Impact. As indicated above, the Newport Beach General Plan does not identify the project environs
as having potential value as a locally important mineral resource site. Project implementation (i.e., new
Golf Club clubhouse, residential and resort uses) as proposed will not result in the loss of any locally
important mineral resource site and, therefore, no significant impacts will occur.
Mitigation Measures
No significant impacts are anticipated and no mitigation measures are required.
a) Would the project result in exposure of persons to or generation of noise levels in excess
of standards established in the local general plan or noise ordinance, or applicable
standards of other agencies?
Less than Significant Impact. There are several characteristic noise sources typically identified with
general development such as proposed at the Newport Beach Country Club. Construction activities,
especially heavy equipment, will create short -term noise increases near the project sites. Vehicular
traffic volumes on area roadways around the proposed project will slightly decrease as a result of
conversion of 17 tennis courts to less traffic - intrusive residential and hotel uses. This will result in a
very small area -wide traffic noise reduction. However, vehicular noise impacts on proposed on -site
residential uses were examined.
Project activities will entail the continuation of long standing outdoor golf and tennis uses and limited
indoor activities. Outdoor recreational activities at the Country Club represent a continuation of existing
activities, which are compatible with the nearby residential and non - residential development in the
project environs. Although some noise is associated with tennis, in particular, it is not so intrusive that it
would be disruptive or incompatible with the existing uses. No noise impact analysis was therefore
conducted for outdoor recreation because golf activities will remain at the existing level and tennis
activities will be reduced with the reduction in the number of tennis courts. The primary noise sources
for off -site uses that would be of possible concern would be any changes in the parking lot activity
noise. Additionally, any new HVAC equipment installed on the project site would be required to meet
noise standards as outlined in the City of Newport Beach Municipal Code. Noise impacts anticipated to
occur as a result of the proposed project are discussed in greater detail in Section Xll.c., below.
b) Would the project result in exposure of persons to or generation of excessive ground
borne vibration or ground borne noise levels?
Less than Significant Impact. Construction activities generate groundborne vibration when heavy
equipment travels over unpaved surfaces or when it is engaged in soil movement. The effects of
ground -borne vibration include discernable movement of building floors, rattling of windows, shaking of
items on shelves or hanging on walls, and rumbling sounds. Within the "soft" sedimentary surfaces of
much of Southern California, ground vibration is quickly damped out. Because vibration is typically not
an issue, very few jurisdictions have adopted vibration significance thresholds. Vibration thresholds
have been adopted for major public works construction projects, but these relate mostly to structural
protection (cracking foundations or stucco) rather than to human annoyance. Groundborne vibration
attenuates quickly with distance. Vibration levels from the use of heavy equipment would be typical of
that used for other projects; no blasting or other extraordinary grading techniques would be necessary
to implementation the proposed project. Therefore, potential groundborne vibration would be expected
to be imperceptible at the nearest off -site homes. Construction activity vibration impacts are judged as
less than significant.
NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140)
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C) Would the project result in a substantial permanent increase in ambient noise levels in the
project vicinity above levels existing without the project?
Less Than Significant Impact. Existing noise levels on the proposed project site derive mainly from
vehicular sources on the adjacent arterial roadways. The proposed project site is currently a
functioning Tennis and Golf Country Club. The surrounding area is developed with residential uses to
the northeast and southwest. The site is bound by Newport Center Drive to the east, East Coast
Highway to the south and Santa Barbara Drive to the north.
Noise measurements were taken in order to document existing baseline levels in the area. On -site
noise levels in the vicinity of the future on -site residential uses are in the 55 -60 dB range. Such levels
are well within Newport Beach residential noise standards of 65 dB CNEL. The Villas and The
Bungalows will be exposed to traffic along surrounding roadways. The projects residential component
lies approximately 2,900 feet from the Jamboree Road centerline and 2,700 feet from the MacArthur
Boulevard centerline. There are numerous intervening buildings separating the site from these
roadways. Given the setback distance and noise attenuation provided by existing building structures,
noise from these roadways was not considered to provide a significant impact upon the proposed
project residential uses. East Coast Highway is approximately 450 feet from the closest proposed on-
site residential use and as such provides the largest potential traffic noise impact. Although other
roadways will add to the project noise exposure level, they will not dominate the noise environment.
As discussed above, noise meters placed in the approximate location of the proposed on -site
residential units demonstrated existing CNELs of 55 dB CNEL in the center of the proposed residential
area and 60 dB CNEL at the approximate location of the closest residential unit. Existing office and
Country Club buildings assist in shielding the proposed residential area from traffic noise emanating
from East Coast Highway.
Project - related traffic will not contribute significantly to the ambient noise levels in the area. In addition,
the continuation of the tennis club would similarly not contribute significantly to the ambient noise levels
and, therefore, would not adversely affect the nearby residential development because the number of
tennis courts has been reduced and the noise levels would be expected to be the same or less than
that currently associated with activities at the Tennis Club facility.
As discussed earlier in this report, in year 2009, the section of PCH closest to the project site (between
Jamboree Road and Newport Center Drive) had a traffic count of 35,660 vehicles per day equating to a
noise level of 73.5 dB CNEL at 50 feet from the centerline. At 450 from the centerline, at the
approximate location of the closest proposed on -site residence, this noise level decays to 59 dB CNEL
due to distance spreading losses utilizing soft -site conditions. Several intervening buildings afford a
partial shielding accounting for approximately -3 dB CNEL. The predicted on -site CNEL is
approximately 56 dB. The measured CNEL levels were 55 and 59 dB. CNEL levels as calculated from
both modeling and measurements are similar.
Newport Beach Traffic Engineering estimates a 1 percent growth rate per year for traffic along Pacific
Coast Highway. Assuming area buildout occurs in 2020, there would be almost 40,000 vehicles along
Pacific Coast Highway each day, resulting in a +0.4 dB increase over existing. Therefore, the future
noise level for proposed on -site residential uses would be indistinguishable from existing CNEL levels in
the upper 50 dB range.
This noise level is well below the City of Newport Beach recommended exterior compatibility noise level
of 65 dB CNEL for residential uses. Typical exterior to interior noise attenuation with open windows is
at least -10 dB CNEL, and in modern construction, 20 -30 dB CNEL with closed windows. This
translates into interior levels of less than 51 dB CNEL with open windows and less than 41 dB CNEL
with closed windows. Interior levels will readily meet the 45 dB CNEL standard for habitable rooms.
There is no siting conflict for planned residential uses within the project site.
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The project's primary parking lot will remain along PCH and will accommodate 300 cars. Smaller lots
are scattered in the tennis court area and accommodate 20 -38 cars each. On -site proposed parking
will accommodate 398 vehicles. In addition, to 554 parking stalls are also available to accommodate
parking for the project through a parking agreement with the adjacent Corporate Plaza West
development. Parking lot activities are sporadic but with a morning and evening peak hour volume.
Existing peak hour traffic . volume is 129 vehicles per hour. Proposed peak hour traffic volume will be 94
vehicles per hour. Noise emanating from vehicles entering and exiting the proposed project site
improvements will be less than from existing site operations and will be spread over several areas.
Parking lot noise is not anticipated to be a noise nuisance.
The uses planned for the NBCC are a continuation of existing uses and do not represent any significant
new noise source and as such is not anticipated to generate noise that will affect off -site uses.
d) Would the project result in a substantial temporary or periodic increase in ambient noise
levels in the project vicinity above levels existing with the project?
Less than Significant with Mitigation Incorporated. Temporary construction noise impacts will vary
markedly because the noise strength of construction equipment ranges widely as a function of the
equipment used and its activity level. Short -term construction noise impacts tend to occur in discrete
phases dominated initially by demolition of existing structures and large earth - moving sources, then by
foundation and parking lot construction, and finally for finish construction. The demolition and earth -
moving sources are the noisiest, with equipment noise typically ranging from 75 to 90 dBA at 50 feet from
the source.
Point sources of noise emissions are typically attenuated by a factor of 6 dB per doubling of distance
through geometrical (spherical) spreading of sound waves. The quieter noise sources will drop to a
65 dBA exterior /45 dBA interior noise level by about 200 feet from the source. For typical construction
scenario, the louder noise sources may require over 1,000 feet from the source to reduce the 90+ dBA
source strength to a generally acceptable 65 dBA exterior exposure level.
Grading involves recycling the 14,583 cubic yards of removed hardscape to implement the proposed
project. This hardscape would be removed and then crushed on -site to be utilized as fill material rather
than require importation of fill dirt. Analysis of this scenario involves quantifying noise from crushing
equipment that would operate on site.
Rock crusher noise depends upon the type of material processed. Hard rock with large individual pieces
is noisier than recycled asphalt. Asphalt is very soft material with the bulk of the noise coming from the
screens and not the crusher. Noise impacts from the crushing operations that would occur within the
project site are associated with the processing of the mostly concrete and broken asphalt rubble as the
bulk of the material processed by the on -site crusher. The debris crushed on -site is considered a "soft'
material.
Sound decays at a rate of 6 d6 per doubling of source - receiver distance for propagation across a smooth,
hard surface. The drop -off rate across irregular, vegetated surfaces are somewhat faster. If there are
obstructions to the direct line -of- sight, the drop -off rate is much faster. Placement of a large barrier along
the line -of -sight can reduce levels by 15 -20 dB from their unimpeded transmission. Audibility will also
depend upon background conditions. The closest off -site residence to possible crusher operations is
approximately 500 feet.
The noise impact from the crusher therefore depends on a very large number of variables
Type of material crushed
Character of the underlying surface
Source receiver distance
Presence of any physical obstructions
Masking effects of background levels
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The noise envelope for a prototype crusher as a function of various variables is reflected in Table 12.
Table 12
Rock Crusher Noise Envelope
Newport Country Club
Source Receiver Distance
feet
Soft Rock
Soft' Surface
50
85
100
78
200
70
400
63
500
60
800
57
'Unpaved, vegetated and irregular surface
SOURCE: Giroux & Associates (July 2009
The Noise Code identifies a desirable L25 noise exposure of 55 dB and L25 nighttime of 50 dB. Under
direct line of sight conditions, crusher noise could slightly exceed the City's noise standard at the closest
residences. Interruption of the line of sight would reduce noise levels by 10 dB or more and would meet
the City's noise standard. Therefore, use of a stockpile of rubble, or a temporary sound blanket as a
barrier between the crusher and the closest home(s), is required if the on -site recycling is selected (see
Mitigation Measure MM -8).
The project will also comply with the noise ordinance relating to permissible hours of construction
operations and will not start construction operations until 8:00am. According to the City of Newport
Beach Municipal Code, permissible hours of construction are 7:00 a.m. and 6:30 p.m. on weekdays and
6:00 a.m. and 6:00 p.m. on Saturdays. Construction is not permitted on any national holiday or on any
Sunday. This exclusion from numerical standards ordinance compliance is presumed applicable to any
mobile construction equipment, but not to a possible rock crusher. These hours are included as conditions
on any project construction permits and these limits will serve to minimize any adverse construction noise
impact potential.
e) For a project located within an airport land use plan or, where such a plan has not been
adopted, within two miles of a public airport or public use airport, would the project
expose people residing or working in the project area to excessive noise levels?
No Impact. John Wayne Airport is located approximately 4.0 miles north of the subject property. As
indicated in Section Vlll.e., a portion of the Newport Beach Country Club property is located within the
AELUP Notification Area (i.e., FAR Part 77) for JWA. Noise in the vicinity of the project site associated
with aircraft operations occurring at John Wayne Airport is below 60 dBA CNEL and therefore, the
proposed clubhouse will not be subjected to excessive noise levels. Nonetheless, the City is required to
submit the proposed PC Amendment to the ALUC for a determination of consistency in accordance with
Section 4.3 of the AELUP prior to adoption by the City. No significant impacts are anticipated and no
mitigation measures are required.
f) For a project within the vicinity of a private airstrip, would the project expose people
residing or working in the project area to excessive noise levels?
No Impact. The project site is not within the vicinity of a private airstrip or other aviation facility that
generates noise in the vicinity of the subject property. Development of the site as proposed will not result
in potential adverse impacts, including safety hazards, to people residing or working in the project area.
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Therefore, no significant impacts will occur as a result of project implementation and no mitigation
measures are necessary.
Mitigation Measures
As indicated in the preceding analysis, potentially significant short-tem, construction noise impacts are
anticipated as a result of project implementation in the event that a rock crushing operation is located on
the subject property to utilize the on -site materials as fill. The following measures are recommended to
ensure that potential construction noise impacts associated with the potential rock crushing operation are
reduced to a less than significant level. Additional measures are also recommended to further reduce
temporary construction noise levels.
MM -3 During rock crushing operations, a sound blanket shall be used if a direct line of sight exists
between the crusher and any off -site homes.
MM -4 All construction equipment, stationary and mobile, shall be equipped with properly operating and
maintained muffling devices.
MM -5 Prior to issuance of a grading permit, a construction schedule shall be developed that minimizes
potential project - related and cumulative construction noise levels.
MM -6 The construction contractor shall notify the residents of the construction schedule for the
proposed project, and shall keep them informed on any changes to the schedule. The notification
shall also identify the name and phone number of a contact person in case of complaints. The
contact person shall take all reasonable steps to resolve the complaint.
MM -7 Heating, venting, and air conditioning (HVAC) equipment in or adjacent to residential areas shall be
shown by computation, based on the sound rating of the proposed equipment, not to exceed an A-
weighted sound pressure level of fifty (50) dBA or not to exceed an A- weighted sound pressure level
of fifty -five (55) dBA.
XIlL POPULATION AND HOUSING
a) Would the project induce substantial population growth in an area, either directly (for
example, by proposing new homes and businesses) or indirectly (for example, through
extension of roads or other infrastructure?
Less than Significant Impact. Project implementation includes the development of five (5) single - family
detached residential dwelling units. Based on the City's population per household average of 2.19,15 the
proposed project would generate a total of 11 residents. The residential development proposed with this
project in Anomaly No. 46 (i.e., Tennis Clubhouse component) is permitted in accordance with the MU -H3
land use designation. As a result, the addition of the five single - family residential dwelling units is
consistent with the General Plan. Consequently, development of these dwelling units would not result in
either direct or indirect unanticipated growth in the City. Therefore, no significant impacts are anticipated
and no mitigation measures are required.
b) Would the project displace substantial numbers of existing housing, necessitating the
construction of replacement housing elsewhere?
No Impact. As previously indicated, the project site is developed with the Newport Beach Country Club
and former Balboa Bay Tennis Club; both are private recreational facilities. No residential development
exists within the limits of the subject property. Project implementation, therefore, will not result in the
displacement of any existing residential dwelling units that would necessitate replacement elsewhere in
the City. No significant impacts will occur and no mitigation measures are required.
'5Newport Beach Housing Element; Table H14.
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C) Would the project displace substantial numbers of people, necessitating the construction
of replacement housing?
No Impact. As indicated above, the subject property does not support existing residential uses;
therefore, no displacement of occupants will occur and no mitigation measures are required.
Mitigation Measures
No significant impacts are anticipated and no mitigation measures are required.
XIV. PUBLIC SERVICES
a) Would the project result in substantial adverse physical impacts associated with the
provision of new or physically altered government facilities, need for new or physically
altered government facilities, the construction of which could cause significant
environmental impacts, in order to maintain acceptable service ratios, response times or
other performance objectives for any of the public services:
Fire protection? Less than Significant Impact. Fire protection facilities and service to the
subject property are provided by the Newport Beach Fire Department (NBFD). In addition to the
City's resources, the NBFD also maintains a formal automatic aid agreement with the Orange
County Fire Authority (OCFA) and all neighboring municipal fire departments to facilitate fire
protection in the City should the need arise. Fire Station No. 3 - Fashion Island is the closest
responding fire station to the subject property. The project includes all necessary fire protection
devices, including fire sprinklers. The project must comply with the current Building and Fire
Codes adopted by the City. A code compliance analysis will be conducted by City staff to ensure
that adequate water pressure and related features required by the City are provided to ensure
that the project complies with the CFC and related City codes. Adequate water supplies and
infrastructure, including fire hydrants, exist in the vicinity of the project, and there is no
requirement for other new facilities or emergency services.
Police protection? Less than Significant Impact. The Newport Beach Police Department
(NBPD) is responsible for providing police and law enforcement services within the corporate
limits of the City. The Police Department headquarters is located at 670 Santa Barbara Drive, at
the intersection of Jamboree Road and Santa Barbara, approximately two miles northeast of the
subject property. The NBPD currently has a ratio of 1.91 sworn officers for each 1,000 residents
in the City. This ratio is adequate for the current population. Police and law enforcement service
in the City is provided by patrols with designated "beats" Development of the subject site as
proposed would not require an expansion to local law enforcement resources and therefore would
not result in any environmental impacts involving construction of new law enforcement facilities.
No significant impacts are anticipated and no mitigation measures are required.
Schools? Less than Significant Impact. The provision of educational facilities and services in
the City of Newport Beach is the responsibility of the Newport-Mesa Unified School District.
Residential and non - residential development is subject to the imposition of school fees. Payment
of the Slate - mandated statutory school fees is the manner by which potential impacts to the
District's educational facilities are mitigated. The five single - family residential dwelling units (i.e.,
The Villas) included in the proposed project would not generate a significant number of new
students in the District. The five dwelling units were included in the General Plan Update
analysis. Based on the General Plan analysis of new dwelling units within the City, Update
proposed project would generate approximately 2 students. New or expanded school facilities
would not be required to provide classroom and support space for the low number of school age
children. However, as indicated above, the project applicant must pay the applicable school fee
16 Newport Beach General Plan Update EIR; June 2006.
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to the school district, pursuant to Section 65995 of the California Government Code, in order to
offset the incremental cost impact of expanding school resources to accommodate the increased
student enrollment associated with one new residence. With the payment of the mandatory
school fees, no significant impacts would occur as a result of project implementation.
Other public facilities? No Impact. Due to the reduction in residential density, no increased
demand for other public services is anticipated and there would be no need to construct any new
public facilities. No significant impacts are anticipated and no mitigation measures are required.
Mitigation Measures
No significant impacts are anticipated and no mitigation measures are required.
a) Would the project increase the use of existing neighborhood and regional parks or other
recreational facilities such that substantial physical deterioration of the facility would
occur or be accelerated?
Less Than Significant Impact. Implementation of the proposed project will result in the construction of
only five single - family homes, known as the Villas, 27 short -term hotel units, known as The Bungalows,
and a remodeled private Tennis Club, including the Tennis Clubhouse. The Bungalows will be available
for use by Tennis Club and Golf Club members, as well as the general public. Although residents of the
proposed Villas and visitors of the Bungalows would occasionally visit local and regional parks and
beaches, use of those public facilities by the future Villa residents and Bungalow guests would not
represent a substantial change in the intensity of usage and the impact would not result in substantial
physical deterioration of those park areas. The subject site is located in Service Area 9 (Newport Center),
which currently supports 19 acres of existing parkland, which exceeds the 10.9 acres of parkland "needs"
based on the City's currently a requirements. Nonetheless, the applicant would be subject to the
payment of in -lieu park fees (refer to XV.b) in accordance with Title 19 of the Newport Beach Municipal
Code. No significant impacts to recreational facilities are anticipated and no mitigation measures are
required.
b) Does the project include recreational facilities or require the construction of or expansion
of recreational facilities which might have an adverse physical effect on the environment?
No Impact. Development of the site as proposed would not require the construction of new or the
expansion of existing recreational facilities in the City of Newport Beach. However, as indicated above,
Title 19 (Subdivisions) of the Newport Beach Municipal Code requires the developer to pay a fee for the
proposed residential component of the project. This fee will be used to augment recreational facilities in
the City. Therefore, no significant impacts are anticipated and no mitigation measures are required.
Mitigation Measures
No significant impacts are anticipated and no mitigation measures are required
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XVI. TRANSPORTATION/TRAFFIC
a) Would the project conflict with an applicable plan, ordinance or policy establishing
measures of effectiveness for the performance of the circulation system, taking into
account all modes of transportation, including mass transit and non - motorized travel and
relevant components of the circulation system, including but not limited to intersections,
streets, highways and freeways, pedestrian and bicycle paths, and mass transit?
Less Than Significant with Mitigation Incorporated. Short-term traffic impacts are those resulting from
site preparation (i.e., grading and site preparation) and construction activities. With the exception of
heavy trucks traveling to and from the site in the morning and afternoon to be used during site preparation
and construction that occurs on -site, no other heavy truck traffic associated with hauling earth materials to
or from the site will occur. During the construction phase, there will be periods of time when heavy truck
traffic would occur that could result in some congestion on East Coast Highway. However, the number of
heavy trucks entering and leaving the project area would be limited to those transporting equipment and
materials to the site. Other construction - related traffic impacts are associated with vehicles carrying
workers to and from the site and medium and heavy trucks carrying construction materials to the project
site, which may result in some minor traffic delays; however, potential traffic interference caused by
construction vehicles could create a temporary/short-term impact to vehicles using neighboring streets in
the morning and afternoon hours. Therefore, aside from potentially minor impacts resulting from the
increase in traffic that will occur as a result of construction - related traffic (e.g., construction materials,
construction workers, etc.), no significant short-term impacts are anticipated to occur as a result of project
implementation. Nonetheless, the construction traffic impacts would be adequately addressed through
the implementation of a Construction Staging, Parking and Traffic Control Plan for each phase of
construction.
Project implementation would result in a net decrease in vehicular trips. As indicated in Table 13, the
proposed project would generate a total of 1,183 trips per day, including 69 a.m. peak hour trips and 94
p.m. peak hour trips. These figures are compared to the 1,572 daily trips and 72 a.m. peak hour and 129
p.m. peak hour trips currently generated by the existing golf and tennis facilities. The resulting decrease
in daily and peak hour trips would, therefore, not adversely affect any of the operational levels of service
of the intersections in the project environs.
As indicated in Table 13, project implementation would result in the elimination of 17 tennis courts, which
would be replaced by The Bungalows and five single - family residential dwelling units. As a result, traffic
generated by the proposed project would decrease by 389 daily trips; a.m. and p.m. peak hour trips would
also decrease by 3 and 35 trips, respectively. Since the proposed Newport Beach Country Club project
would generate less daily and peak hour traffic than the existing development, a detailed traffic analysis
was not conducted. No significant project - related or cumulative long -term traffic impacts would occur as a
result of the proposed project and no mitigation measures are required.
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Table 13
Summary of Project Trip Generation
Newport Beach Country Club
Land Use
Unit
Trip Generation Rates
AM Peak Hour
PM Peak Hour
Daily
In _
Out Total
In
Out
Total
Golf Club
Hole
35.74
1.76
0.47 2.23
1.23
1.51
2.74
Tennis Club
Court
38.70
0.66
0.66 1.32
1.68
1.68
3.36
Bungalows
Room
8.17
0.34
0.2 0.56
0,31
0.28
0.59
Single-Family Residential
DU
9.57
0.19
0.56 0.75
0.64
0.37
1.01
Land Use
Unit
Trip Generation Estimates
AM Peak Hour
PM Peak Hour
Daily
In I Out Total
in
Out Total
Existing Development
Golf Club
18 Holes
643
32
8
40
22
27
49
Tennis Club
24 Courts
929
16
16
32
40
40
BO
Total — Existing Uses
1,572
48
24
72
62
67
129
Propose Development
Golf Club
18 Holes
643
32
8
40
22
27
49 '
Tennis Clubhouse
7 Courts
271
5
5
10
12
12
24
Bungalows Bungalows2
27 Rooms
221
9
6
15
8
8
16
Single-Family Residential
5 DU
48
1
3
4
3
2
5
Total — Proposed
Uses
1,183
47
22
69
45
49
94
Net New Trips
-389
-1
-2
-3
-17
-18
-35
'Trip generation rates from Institute of Transportation Engineers (ITE) Trip Generation (8" Edition).
SOURCE: Kimle -Horn Associates, Inc. June 2009
b) Would the project conflict with an applicable congestion management program, including,
but not limited to level of service standard and ravel demand measures, or other standards
established by the county congestion management agency for designated roads or
highways?
No Impact. As indicated in Table 3 in Section XVI.a, project implementation will result in a net decrease
in vehicular trips. Neither the daily nor peak hour trips exceed those required to undertake a CMPAs a
result, intersection analysis. Traffic operations in the project area would not be adversely affected by
project - related traffic. Therefore, the proposed project would neither result in direct project - related
impacts nor contribute to the cumulative degradation of any intersection in the project environs.
Furthermore, project implementation would not conflict with either the County's CMP or other standard,
including those adopted by the City of Newport Beach. No significant cumulative impacts are anticipated
and no mitigation measures are required.
C) Would the project result in a change in air traffic pattern, including either an increase in
traffic levels or a change in location that results in substantial safety risks?
No Impact. The proposed project site is located approximately four miles from John Wayne Airport and
is not located within an area that is affected by aircraft operations. The proposed Planned Community
District regulations for the project allow for a maximum building height of 50 feet. The proposed
structures would not necessitate any changes in the air traffic patterns because the project site is not
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located within the airport environs and would not affect airport operations. This project would have no
effect on the volumes of air traffic occurring at John Wayne Airport or any other airports in the region. No
significant impacts are anticipated and no mitigation measures are required.
d) Would the project substantially increase hazards due to a design feature (e.g., sharp
curves or dangerous intersections) or incompatible uses (e.g., farm equipment)?
Less than Significant Impact. During the construction phases, a variety of construction vehicles,
including large delivery trucks, concrete pumpers, dump trucks, and a variety of passenger vehicles, will
travel to and from the subject property. On some occasions, there will be a number of medium and heavy
trucks that could add to local congestion levels and possibly affect through - traffic for short periods of time.
Although potential conflicts are anticipated to be less than significant, implementation of a construction
traffic management plan (refer to MM -10), which is required by the City of Newport Beach, would ensure
that any conflicts resulting during the construction phase would be minimized.
The project proposes changes to the main parking area in front of the Golf Clubhouse, including
landscaping and beautification of the area and minor changes to on -site circulation; the project site
access to the public street system at East Coast Highway (via Irvine Terrace) and at Granville Drive will
remain unchanged. Irvine Terrace will be improved with a landscaped median and will be striped to
delineate two inbound lanes and two outbound lanes. However, in order to accommodate left -turn
movements, the left -turn pocket at the intersection with East Coast Highway should be lengthened to
provide a minimum of 100 feet plus the transition. With the incorporation of this measure, no significant
impacts are required.
In addition, a new drive aisle with a drop -off area will also be added to the front of the Golf Clubhouse and
a second entry point to the main parking lot will be added at the northwest corner of the lot. The parking
rows in the main body of the parking lot will be reconfigured to an east -west orientation, with access
aisles provided on both ends of the parking lot. Each of the drive aisles will be 26 feet wide, which
provides adequate room for circulation, turning, and backing for 90- degree parking aisles.
Pedestrian access from the Golf Club parking lot is improved by a pedestrian walkway with enhanced
paving through the center of the parking lot, which connects directly to the Golf Clubhouse.
e) Would the project result in inadequate emergency access?
Less than Significant Impact. The primary access to the project site is provided via a drive aisle that
connects to the end of Irvine Terrace, which in turn connects to East Coast Highway (i.e., State Highway
1). Irvine Terrace also provides access to the adjacent Corporate Plaza West development. The Irvine
Terrace /East Coast Highway intersection is a signalized intersection. As indicated in Section XVIA, Irvine
Terrace will be improved with two inbound and two outbound lanes. In addition to the project access from
Irvine Terrace, the project proposes a new access and cul -de -sac, which will provide access to The
Bungalows and The Villas. Indirect access is also available from Farallon via Newport Center Drive east
of the site; however, access to The Tennis Club, The Bungalows, and The Villas would be from the
proposed cul -de -sac. Adequate emergency access exists to serve both components of the proposed
project. Nonetheless, the Newport Beach Fire Department will conduct a code compliance analysis with
the City's Building Department to ensure that adequate emergency access is provided.
f) Would the project conflict with adopted policies, plans or programs regarding public
transit, bicycle, or pedestrian facilities?
Less than Significant Impact. As indicated in Table 10, the proposed project is consistent with relevant
policies articulated in the City's Circulation Element of the General Plan. in addition, public transportation
would not be impacted by the proposed. The project is located in an area of the City that is served by
public transportation (OCTA bus service) and public transit access is available in the project vicinity along
Coast Highway. The project is located in proximity to existing retail and commercial development. The
addition of five single - family residential dwelling units, 27 bungalows and spa would be adequately served
by the existing public transportation available along PCH and in the project environs. Similarly, neither
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bicycle nor pedestrian facilities would be significantly altered as a result of the proposed project. Bicycle
lanes along Coast Highway would not be affected. In addition, walkways within the proposed project
would accommodate pedestrians. No significant impacts are anticipated and no mitigation measures are
required
Mitigation Measures
The following mitigation measure is proposed to minimize the level of impact associated with temporary
construction traffic:
MM -8 Prior to commencement of each major phase of construction, the Applicant shall submit a
Construction Staging, Parking and Traffic Control Plan for approval by the Public Works
Department, which shall address issues pertaining to potential traffic conflicts during peak traffic
periods, potential displacement of on- street parking, and safety.
This plan shall identify the proposed construction staging area(s), construction crew
parking area(s), estimated number and types of vehicles that will occur during each
phase, the proposed arrival /departure routes and operational safeguards (e.g. flagmen,
barricades, etc.) and hourly restrictions, if necessary, to avoid traffic conflicts during peak
traffic periods and to ensure safety.
If necessary, the Construction Staging, Parking Traffic Control Plan shall provide for an
off -site parking lot for construction crews which will be shuttled to and from the project
site at the beginning and end of each day until such time that the project site can
accommodate off- street construction vehicle parking.
The plan shall identify all construction traffic routes, which shall avoid narrow streets
unless there is no alternative, and the plan shall not include any streets where some form
of construction is underway within or adjacent to the street that would impact the efficacy
of the proposed route.
Dirt hauling shall not be scheduled during weekday peak hour traffic periods.
The approved Construction Staging, Parking and Traffic Control Plan shall be
implemented throughout each major construction phase.
MM -9 The left -turn pocket on Irvine Terrace at the Coast Highway shall be increased in length to a
minimum of 100 feet plus transition in order to adequately accommodate left -turn movements.
XVII. UTILITIES & SERVICE SYSTEMS
a) Would the project exceed wastewater treatment requirements of the applicable Regional
Water Quality Control Board?
No Impact. Wastewater from the City's sewer system is treated by the Orange County Sanitation District
(OCSD), which is responsible for safely collecting, treating, and disposing the wastewater generated by
2.3 million people residing in central and northwest Orange County. Raw sewage generated in the City is
treated at the OCSD Treatment Plant No. 2 in Huntington Beach, which has a treatment capacity of 276
million gallons per day (mgd). Treatment of raw sewage includes preliminary treatment, primary
treatment, anaerobic digestion, secondary treatment, and solids handling. Treatment Plant No. 2 is
operating at approximately 55 percent of its design capacity.
Wastewater generated by the proposed project would be the same as other similar developments in the
City and would not contain hazardous waste or other pollutants. Based on sewage generation rates in
the City's General Plan EIR, the five single - family residential dwelling units would generate up to less
than 2,000 gallons per day (gpd) of raw sewage. In addition, the 27 bungalows would generate an
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additional, 4,050 gallons per day utilizing the visitor serving (i.e., hotel) generation factor. Because the
Tennis Clubhouse and Golf Clubhouse and facilities currently exist, the increase in sewage generation
from these two uses is anticipated to be approximately 3,300 gallons per day as a result of the increase in
floor area associated with the Golf Clubhouse. The uses would generate approximately 7,750 gallons per
day of raw sewage, compared to the 5,450 gallons per day estimated based on the existing Floor areas.
The additional sewage generated by the project would be incrementally insignificant when compared to
the 4.1 mgd increase anticipated as a result of buildout of the City's General Plan. The raw sewage
generated by the project would be disposed into the existing sewer system and would be transported to
OCSD Treatment Plant No. 2, which is adequate capacity to accommodate the City's buildout needs for
waste treatment. As a result, project implementation would not exceed existing treatment infrastructure
and expansion would not be required. Furthermore, the additional treatment needs would not exceed
wastewater treatment standards of the Regional Water Quality Control Board. No significant impacts are
anticipated and no mitigation measures are required.
b) Would the project require or result in the construction of new water or wastewater
treatment facilities or expansion of existing facilities, the construction of which could
cause significant environmental effects?
No Impact. Water demand and wastewater generation will not increase significantly as a result of the
development of the five single - family residential dwelling units and 27 bungalows on the site. Based on
water demand rates, the proposed project would generate a demand for approximately 45,000 gallons
per day for the five single - family dwelling units and the 27 bungalow units." In addition, the Golf
Clubhouse and Tennis Clubhouse would create a demand for an additional 7,750 gallons per day
compared to the existing demand of 3,300 gallons per day. The proposed project is within the land use
projections of the City, which are the basis of future water demand demands and wastewater generation
within Newport Beach. The project will connect to existing water and wastewater facilities in the project
vicinity. No expansion of these facilities is necessary due to existing capacity. No significant impacts are
anticipated and no mitigation measures are required.
C) Would the project require or result in the construction of new storm water drainage
facilities or expansion of existing facilities, the construction of which could cause
significant environmental effects?
Less than Significant Impact. The project will result in additional impervious surface areas by the new
buildings, streets, parking lots, walkways and other hardscape. The additional hardscape will result in a
small increase in runoff during storm periods. The site will be designed to ensure that surface runoff will
be directed to existing facilities. As indicated in Section VIII, some of the existing storm drain facilities do
not have adequate capacity to accommodate existing or future storm flows; however, deficient in -tract
facilities will be upgraded to accommodate post - development flows. All storm flows generated on the
subject property will be collected and conveyed to Newport Bay where it will be discharged. Therefore,
the increase in project - related storm flows will not result in a potentially significant impact and no
mitigation measures are required.
d) Would the project have sufficient water supplies available to serve the project from
existing entitlements and resources, or are new or expanded entitlements needed?
Less than Significant Impact. See response to XVll.b above. The City of Newport Beach provides
water service within the project vicinity. The City's water supplies are imported water purchased from the
Municipal Water District of Orange County (MWDOC), groundwater pumped from the Orange County
Groundwater Basin, and reclaimed water. The City currently maintains a total system capacity of
approximately 100 million gallons in three facilities. According to the City's 2005 Urban Water
Management Plan (UWMP), water supplies can continue to meet the city's imported water needs until the
year 2030. Beyond that date, improvements associated with the State Water Project supply, additional
local projects, conservation, and additional water transfers would be needed to adequately serve the City.
17 Assumes 2.19 persons per dwelling unit and bungalow, based on the City's population per household.
NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140)
INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION
Page 100
However, during short-term periods of water supply reductions, the City would implement its water
shortage contingency plan.
As indicated in the City s General Plan EIR, additional development accommodated under the General
Plan, including the proposed project would increase water use within the City, thus increasing the need
for water treatment services. However, as indicated above, MW D has indicated that it can meet all of the
City's imported water needs through 2030. In addition, Orange County Water District anticipates that
there would also be sufficient groundwater supplies to meet projected future demand requirements in the
City. Future water demand based on the General Plan projections would not be increased significantly
with the addition of the proposed development. The demand created by the proposed project is
consistent with the City's long -range projections for development that are the basis of water demands in
Newport Beach. The General Plan has identified the minimization of water consumption as one of its
goals in the Natural Resources Element. The proposed project would be subject to the policies that
would achieve that goal, including limiting water usage, prohibitions on activities that waste water or
cause runoff, and water efficient landscaping and irrigation in conjunction with other water conserving
devices and practices in new construction. Specifically, water conservation measures will be required on
the proposed project as prescribed in Chapter 14.16 (Water Conservation and Supply Level Regulations)
and Chapter 14.17 (Water- Efficient Landscaping) of the Newport Beach Municipal Code. Therefore, no
significant direct or cumulative impacts are anticipated based on the findings in the City's General Plan
EIR; no mitigation measures are required.
e) Would the project result in a determination by the wastewater treatment provider, which
serves or may serve the project that it has adequate capacity to serve the project's
projected demand in addition to the provider's existing commitments?
No Impact. See response to XVll.b above. As indicated in that response, adequate sewer collection,
conveyance and treatment facilities exist to accommodate the incremental increase in raw sewage
resulting from the development of the proposed project. No impacts are anticipated and no mitigation
measures are required.
f) Would the project be served by a landfill with sufficient permitted capacity to
accommodate the project's solid waste disposal needs?
Less than Significant Impact. Project implementation will result in the generation of demolition debris
and some refuse during the construction phase; however, it would be relatively small and would not
adversely affect existing capacities at the County's sanitary landfills. The project includes recycling some
of the demolition materials generated during the construction phase. Asphalt and concrete will be
crushed on -site and utilized as fill material to accommodate the proposed project. As a result, the amount
of demolition materials that would require transport to and placement in one of the County's landfills
would be reduced by the recycling of the asphalt and concrete.
Based on the City's General Plan EIR, it is anticipated that the Orange County landfill system will have
adequate capacity to operate until 2035. Based on the solid waste generate rates presented in the
General Plan EIR, the five single - family residential dwelling units and the 27 bungalows would generate
less than 100 pounds per day of solid waste. Because the Golf Club and Tennis Club currently exist, no
significant increase in refuse would be anticipated as a result of the reconstruction of those facilities. With
the remaining capacity of approximately 44.6 million tons, as well as a 16 -year lifespan at the Frank R.
Bowerman Sanitary Landfill (without the proposed expansion that would extend the life of this facility to
2053), the City -wide potential increase in solid waste due to General Plan buildout, including the
proposed project, would not result in the exceedance of capacity of that landfill. In addition, AB 939
mandates the reduction of solid waste. As a result, it is anticipated that at least a 50 percent reduction in
refuse would be required. Therefore, the project will not result in a significant increase in solid waste
production due to the proposed project. Existing landfills are expected to have adequate capacity to
service the site and use. No significant impacts are anticipated and no mitigation measures are required.
NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140)
INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION
Page 101
g) Would the project comply with federal, state, and local statues and regulations related to
solid waste?
Less than Significant Impact. Solid waste production will be picked up by either the City of Newport
Beach or a commercial provider licensed by the City of Newport Beach. All federal, state and local
regulations related to solid waste will be adhered to through this process. No significant impacts are
anticipated and no mitigation measures are required.
Mitigation Measures
No significant impacts are anticipated and no mitigation measures are required.
XVIII. MANDATORY FINDINGS OF SIGNIFICANCE
The environmental analysis conducted for the proposed project indicates that although the proposed
project could have the potential for significant adverse environmental impacts, the impacts would be
reduced to a less than significant level through the implementation of mitigation measures as prescribed
in the preceding analysis.
a) Does the project have the potential to degrade the quality of the environment,
substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife
population to drop below self - sustaining levels, threaten to eliminate a plant or animal
community, reduce the number or restrict the range of a rare or endangered plant or
animal or eliminate important examples of the major period of California history or
prehistory?
Less than Significant Impact. The proposed project would not have the potential to degrade the quality
of the environment. The site is entirely developed with private recreational uses and has been altered
from its natural state. As a result, it does not support sensitive habitat and /or sensitive plant or animal
species. As a result, the proposed project would reduce the habitat of a wildlife species and /or threaten
to eliminate one or more sensitive plant species. No historic structures or sites are present in the project
area, which may be affected by the proposed project. The proposed project would not eliminate
important examples of the major periods of California history or prehistory. Therefore, no significant
impacts are anticipated and no mitigation measures are required.
b) Does the project have impacts that are individually limited, but cumulatively considerable?
( "Cumulatively considerable" means that the incremental effects of a project are
considerable when viewed in connection with the effects of past projects, the effects of
other current projects, and the effects of probable future projects.)
Less than Significant Impact. Redevelopment of the site as proposed would result in a negligible
difference in long -term environmental effects associated with use of the site. Project implementation
would result in fewer vehicular trips and, therefore, a reduction in the pollutant emissions when compared
to the existing use of the site. No significant impacts to biological resources, cultural resources, public
health and safety, mineral resources, population and housing, agricultural resources or other
environmental issues would occur. In addition, the proposed project would result in an overall reduction
in the volume of storm runoff and an improvement in the quality of the water prior to its discharge when
compared to the existing use of the site. Therefore, the project would not contribute to the cumulative
degradation of the environment or exacerbate unacceptable environmental conditions (e.g., biological
resources, etc.) when considered with other projects proposed in the project environs.
NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140)
INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION
Page 102
C) Does the project have environmental effects which will cause substantial adverse effects
on human beings, either directly or indirectly?
Less than Significant with Mitigation Incorporated. The preceding analysis conducted for the
proposed project indicated that although project implementation could result in some potentially
significant environmental effects (e.g., soils and geology, hazards and hazardous materials, etc.), with the
implementation of mitigation measures prescribed in this analysis, the proposed project would not result
in significant environmental impacts on humans, either directly or indirectly.
NEWPORT BEACH COUNTRY CLUB PLANNED COMMUNITY (PA2005 -140)
INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION
Page 103
SOURCE LIST
The following enumerated documents are available at the offices of the City of Newport Beach, Planning
Department, 3300 Newport Boulevard, Newport Beach, California 92660.
1. Newport Beach General Plan; City of Newport Beach; adopted July 25, 2006.
2. Final Program EIR - City of Newport Beach General Plan
3. Title 20, Zoning Code of the Newport Beach Municipal Code.
4. City Excavation and Grading Code, Newport Beach Municipal Code.
5. Chapters 10.26 and 10.28, Community Noise Ordinance of the Newport Beach Municipal Code.
6. South Coast Air Quality Management District, Air Quality Management Plan 1997.
7. South Coast Air Quality Management District, Air Quality Management Plan EIR, 1997.
The following documents have been prepared specifically for this project, and are incorporated by
reference within this initial study. The documents are available at the office of the City of Newport Beach,
Planning Department.
1. Report of Geotechnical Studies and Review of Vesting Tentative Tract Map No. 15347, Newport
Beach Country Club; GMU Geotechnical, Inc.; May 2, 2008.
2. Revised Preliminary Geotechnical Design Parameters for the NBCC Planned Community,
Newport Beach Country Club; GMU Geotechnical, Inc.; April 25, 2008.
3. Phase I Environmental Site Assessment; Newport Beach Country Club Planned Community;
Partner Engineering and Science, Inc.; April 3, 2009.
4. Traffic and Parking Evaluation for the Proposed Newport Beach Country Club Project in the City
of Newport Beach; Kimley Horn and Associates, Inc.; June 2009.
5. NPDES Technical Study (Newport Beach Country Club Planned Community District Plan);
Adams - Streeter Civil Engineers, Inc.; January 14, 2009
6. Preliminary Hydrology Report for Vesting Tentative Tract Map No. 15347; Adams - Streeter Civil
Engineers, Inc.; July 13, 2009.
7. Newport Beach Country Club Planned Community District Plan; January 12, 2009.
8. Air Quality Analysis for the Newport Beach Country Club Project; Giroux & Associates; July 23,
2009.
9. Noise Assessment for the Newport Beach Country Club Project; Giroux & Associates; July 23,
2009.
10. Newport Beach Country Club Parking Supply Analysis; LSA Associates, Inc.; August 20, 2008.
Errata for the IS /BOND
Newport Beach Country Club (PA 2005 -140)
Golf Realty Fund
1. Page 4: Column 4 (Height (ft.)) under "Building Heights" in Table 2 (Summary of
Proposed Uses) to reflect a maximum building height
Change 50 feet to 53'6" for the proposed Golf Course Clubhouse.
2. Page 5: Delete all of the text and replace it with the following:
The project site encompasses approximately 145 acres (refer to Table A), which are
divided into four sub -areas identified below. Each sub -area as well as the hand car
wash is described below and illustrated on Exhibit 2.
Table A
Land Use Allocations
Newport Beach Country Club Planned Community District Plan
Golf Realty Fund
Sub Area
Approximate Area
(Acres)
The Tennis Club Sub -Area
4.62
The Villas Sub -Area
1.25
The Bungalows Sub -Area
3.44
The Golf Club Sub -Area
133.01
Total
±145
'Includes Golf Clubhouse, Golf Parking Lot and Hand Car Wash
SOURCE: Newport Beach Country Club Planned Community
District Plan July 12, 2010
Golf Clubhouse
The golf clubhouse floor plan has a maximum of 35,000 gross square feet, exclusive of
below grade cart storage, in two stories, including approximately 18,100 square feet on
the first floor and approximately 16,900 square feet on the second floor. The lower floor
will accommodate the following features: Grill, women's lounge and locker room, men's
locker room, and pro shop. Other features included on the first floor include a cart barn
1
and club storage. The second floor will accommodate a banquet room and kitchen,
dining room, lounge, foyer, offices, private meeting and dining rooms, and a "19th hole."
Other features which currently exist and will continue to be part of the clubhouse
facilities include a snack stand (180 square feet), existing golf course restroom facilities,
and existing greens keeper buildings and area. The maximum height of the proposed
golf clubhouse is 53 feet 6 inches, measured from the existing grade to the mid -point of
the sloped roof. (The reference to a maximum 50 -foot height limit reflected in Table 1
on page 4 of the initial study referenced in this comment is incorrect and will be revised
to reflect the 53 feet 6 -inch maximum height noted in this description.)
Tennis Clubhouse and Courts
The maximum floor area of the tennis clubhouse is 3,725 gross square feet and will
have a maximum building height of 30 feet (measured from the existing grade to the
peak of the roof). The tennis clubhouse includes a lobby, pro shop, office and locker
rooms. A total of seven tennis courts, including one stadium court will replace the 24
tennis courts that currently exist on the subject property. Screening for the tennis courts
from The Villas E will also be provided in the form of a five -foot block wall that would be
designed to be compatible with the proposed Villa E, adjacent to the tennis courts. In
addition, the exterior perimeter of the tennis courts facing the Granville Condominiums,
Granville Drive, and the Tennis Club parking lot will also be screened, utilizing the
existing 10 -foot high chain link fence covered by a wind screen.
Bungalows
The Bungalows proposed by the applicant will consist of 27 "hotel' units that
encompass approximately 29,044 square feet of floor area. A 2,170 square foot
Concierge and Guest Center is also included in this development component. In
addition, the Bungalow Spa, which is an auxiliary use for and part of the Bungalows,
encompasses 7,490 square feet. This facility will include a fitness center, spa, spa bar
and lounge. Other features include a Zen Garden, Jacuzzi and swimming pool. The
pool and /or spa equipment will be enclosed by five -foot block wall. The maximum
building height of the Bungalows is 31 feet, measured from the existing grade to the
peak of the roof.
LVAI M.
The five Villas are proposed within a 1.25 -acre sub -area. Lot sizes of the single - family
detached residential dwelling lots will vary from 5,295 square feet (Villa A) to 17,151
(Villa D) square feet. Homes will range in size from 2,201 square feet (Plan A) to 6,384
square feet (Plan D). The maximum building heights (measured from existing grade)
permitted for the Villas ranges from 23 feet (Villa A) to 39 feet (Villa D). Swimming
pools are also permitted for each of the five Villas.
+q
Golf Club Parking Lot and Private Hand Car Wash
The proposed Golf Club Parking Lot has 300 on -site parking spaces. In addition, as
described in Response to Comment No. 4 of The Irvine Company, above, an existing
perpetual offsite Parking Agreement will continue to provide as many as 554 non-
exclusive parking spaces on weekends and holidays to supplement the onsite Golf Club
parking. The frontage road that exists adjacent to East Coast Highway will be
eliminated and replaced with landscaping. In addition, a private hand car wash area is
proposed within the parking lot in the vicinity of Country Club Drive. The area identified
to accommodate this project feature encompasses approximately 240 square feet (i.e.,
12 feet wide and 20 feet long). Use of the private hand car wash is limited to golf and
possibly tennis club members only.
3. Page 8, Table 2:
Delete Table 2 and replace it with the revised Table 2 below.
0
Table 2
Tennis Club Development Phasing
MND
Revised
Exhibit
Phasing
Duration
Plan
Description
(Months)
Reference
(5/25111)
Phase
Installation of Temporary Modular
1
4
1
Tennis Clubhouse'
Demolition of Tennis Club building, 9
1
tennis courts, perimeter tennis court
fence remains, portion of Tennis Club
1
4
2
parking lot (61 parking spaces),
landscaping and small portion of
existing site wall
Construct The Villas (3), Private Street,
New Tennis Clubhouse and Parking
14
6
4
Lots refer to Exhibit 6)
2
Demolition of 3 tennis courts, small
portion of Tennis Club parking lot and
1
5
3
remaining Tennis Club Building
Construct Center Court area and
3
8
6
Bungalow Pool
3
Demolition of 3 tennis courts,
remaining portion of old Tennis Club
1
7
5
parking lot and removal of Temporary
Modular Tennis Clubhouse
Demolition of 2 tennis courts, and
perimeter tennis court fence in front of
the 3 completed Villas — After
substantial completion of the Golf
1
9
7
4
Bungalows removal of perimeter tennis
court fence in front of the Golf
Bungalows.
Construct Golf and Tennis Bungalows
15
10
8
and remaining 2 Villas.
Total Schedule
36
Anticipated Start date is September 2011
SOURCE: The Templeton Planning Group (May 2011)
4. Page 16, Table 3:
Delete Table 3 and replace with Table 3 below.
Table 3
Golf Clubhouse Development Phasing
5. Page 39, Paragraph 2:
Change 50 feet to 53' 6" in Line 5 and Line 7.
6. Page 52, SC -8:
Revise SC -8 as indicated below:
5
IVI N D
Duration
Exhibit
Phase
Description
IVlonths
Reference
Demolition of East Side Golf Clubhouse Parking
1
11
1
Lot and PCH Entry'
Construct East Side Parking Lot and PCH Entry
4
12
Demolition of West Side Golf Clubhouse Parking
1
13
Lot
2
Construct West Side Parking Lot and Temporary
6
14
Golf Club
Demolition of Golf Clubhouse
2
15
3
Construct New Golf Clubhouse
14
16
Demolition of portion of Greenskeeper Area,
Temporary modular Golf Clubhouse and
2
17
4
northern portion of Golf Clubhouse Parking Lot
Construct Greenskeeper Area and Golf Porte
4
18
Cache and Parking
Total Schedule
34
'Start date to be determined.
2Includes car wash.
SOURCE: The Templeton Planning Group (July 2010)
5. Page 39, Paragraph 2:
Change 50 feet to 53' 6" in Line 5 and Line 7.
6. Page 52, SC -8:
Revise SC -8 as indicated below:
5
SC -8 A qualified archaeological /paleontological monitor shall be retained by the
project applicant who will be available during the grading and landform
alteration phase. In the event cultural resources and /or fossils are
encountered during construction activities, ground- disturbing excavations
in the vicinity of the discovery shall be redirected or halted by the monitor
until the find has been salvaged. The area surrounding any cultural
materials or fossils encountered during grading shall also be investigated
to determine the extent of the site. Any artifacts and /or fossils discovered
during project construction shall be prepared to a point of identification
and stabilized for long -term storage. Any discovery, along with supporting
documentation and an itemized catalogue, shall be accessioned into the
collections of a suitable repository. Curation costs to accession any
collections shall be the responsibility of the project applicant.
7. Page 77, Table 10 (General Plan Policy Analysis): Policy LU 5.3.3:
Change 50 feet in Line 12 and Line 14 in Column 3 to 53'6".
8. Page 80: Revise the consistency analysis for Natural Resources Element Policy
No. 18.3 as follows:
ies ausc of the proposed project does not
requires the approval of an amendment to the Land Use Element of the Newport
General Plan and the project-,A is not, therefore, subject to the provisions of SB
18, which requires consultation with Native American representatives before
adopting or amending a general plan. Nonetheless, he City has GOmplied with
the requiFements ^f SB 18 by s bmi#iag- submitted a request to the Native
American Heritage Commission (NAHC) —in additien, the-Gayand has also sent
letters to the Native American representatives, informing each of the proposed
project. However, no response was received by the City from any of the Native
American representativesef s requesting consultation within the 90 day stat tery
peried.
9. Page 82, Table 11 (Coastal Land Use Plan Policy Analysis): Policy 2.1.2.1:
Revised the consistency analysis in Column 3 to read:
The proposed project is consistent with the land use designation on the adopted
Coastal Land Use Plan, which designates the golf course site 09 (9pe44
Space)PR (Parks and Recreation) and the tennis site MU -H /PR (Mixed Use
Horizontal /Parks & Recreation). The open SpaseParks and Recreation
designation allows golf courses. The MU -H /PR designation allows horizontally -
distributed mix of uses, which may include general or neighborhood commercial,
commercial offices, multi - family residential, visitor - serving and marine - related
uses, buildings that vertically integrate residential with commercial uses, and
active public or private recreational uses, including parks, golf courses, marina
W
support facilities, aquatic facilities, tennis clubs and courts, private recreation,
and similar facilities. In addition, the project addresses the relevant policies
related to development of the site and the protection of coastal resources
identified in the CLUP as discussed in this table.
10. Page 96, Second sentence in the paragraph under (c):
Change 50 feet in Line 3 to 53' 6 ".
MITIGATION MONITORING AND REPORTING PROGRAM
FOR
NEWPORT BEACH COUNTRY CLUB — GOLF REALTY FUND
INITIAL STUDY /MITIGATED NEGATIVE DECLARATION
(PA2005 -140)
January 24, 2012
MMRP —Golf Realty Fund (PA2005 -140)
Page 2
MITIGATION MONITORING AND REPORTING PROGRAM
In accordance with the California Environmental Quality Act (CEQA), the City of Newport
Beach prepared a Mitigated Negative Declaration (MND) and Initial Study for the proposed
Newport Beach Country Club project located in the City of Newport Beach. The MND
indicated that there would not potential adverse environmental impacts to the project. The
mitigation measures, standard conditions, and project design features have been
incorporated into the project and the MND is scheduled for adoption by the City of Newport
Beach, in conjunction with the approval of the project.
Section 21081.6 of the Public Resources Code (PRC) and CEQA Guidelines section
15097 require the Lead Agency for each project which is subject to the CEQA to
monitor performance of the mitigation measures included in any environmental
document to ensure that implementation does, in fact, take place. The PRC requires
the Lead Agency to adopt a monitoring and reporting program that is designed to
ensure compliance during project implementation. In accordance with PRC Section
21081.6 and CEQA Guidelines Section 15097, this Mitigation Monitoring and Reporting
Program (MMRP) has been prepared for the Newport Beach Country Club project.
Table 1 lists the mitigation measures, standard conditions, responsible parties, time
frame for implementation, and monitoring parties.
MMRP —Golf Realty Fund (PA2005 -140)
Page 3
Table 1
MITIGATION MONITORING AND REPORTING PROGRAM
(All references to the golf course or golf clubhouse are reserved for future
consideration)
Notations:
SC: Standard Condition
PDF: Project Design Feature
MM: Mitigation Measure
scf
PDF!
Mitigation Measure
Method of
Timing of
Applicable
Responsibility
MM
Verification
Implementation
Phase(s)
No.
Aesthetics
Prior to the issuance of building permits, the
applicant shall prepare a photometric study in
conjunction with a final lighting plan for approval by
the Planning Division. The site shall not be
Tennis
excessively illuminated based on the luminance
Club Site:
recommendations of the Illuminating Engineering
Approval of
Prior to
Phase 2
Planning
SC -1
Society of North America, or, if in the opinion of the
photometric
issuance of
Division
Planning Director, the illumination creates an
study
building permit
Golf Club
Site:
unacceptable negative impact on surrounding land
uses or environmental resources. The Planning
Phase 3
Director may order the dimming of light sources or
other remediation upon finding that the site is
excessively illuminated.
Agricultural and Forest Resources
No significant impacts are anticipated and no mitigation measures are required.
Air Quality
Adherence to SCAQMD Rule 402, which prohibits
air contaminants or other materials that cause injury,
Tennis
detriment, nuisance or annoyance to any
Periodic
Club Site:
considerable number of persons or to the public, or
During
Phases 1 -4
Community
SC -2
which endanger the comfort, repose, health, or
monitoring
during
construction
Development
safety of any such persons or the public, or which
activities
Golf Club
Department
cause, or have a natural tendency to cause injury or
construction
Site:
damage to business or property to be emitted within
Phases 1 -4
the SoCAB.
Tennis
Adherence to SCAQMD Rule 403, which sets
Periodic
During
Club Site:
Community
SC -3
requirements for dust control associated with
monitoring
construction
Phases 1 -4
Development
grading and construction activities.
during
activities
Department
construction
Golf Club
MMRP —Golf Realty Fund (PA2O05 -140)
Page 4
SC,
PDF/
Mitigation Measure
Method of
Timing of
Applicable
Responsibility
MM
Verification
Implementation
Phase(s)
No.
Site:
Phases 1 -4
Tennis
Club Site:
Adherence to SCAQMD Rules 431.1 and 431.2,
During
Phases 1 -4
Community
SC -4
which require the use of low sulfur fuel for stationary
monitoring
monPeritorodic ng
construction
Development
construction equipment.
during
activities
Golf Club
Department
Site :
construction
Phases 1 -4
Tennis
Periodic
Club Site:
Adherence to SCAQMD Rule 1108, which sets
monitoring
During
Phases 1 -4
Community
SC -5
limitations on ROG content in asphalt.
during
construction
Development
activities
Golf Club
Department
construction
Site:
Phases 1 -4
Tennis
Club Site:
Periodic
During
Phases 2 -4
Community
SC -6
Adherence to SCAQMD Rule 1113, which sets
monitoring
construction
Development
limitations on ROG content in architectural coatings.
during
activities
Golf Club
Department
Site:
construction
Phases 2 -4
Submit
Tennis
Adherence to Title 24 energy - efficient design
evidence of
Club Site:
requirements as well as the provision of window
compliance
Prior to
Phases 2 -4
SC -7
glazing, wall insulation, and efficient ventilation
during
issuance of
Building
methods in accordance with the requirements of the
building plan
building permits
Golf Club
Division
Site:
Uniform Building Code.
check
Phases 3 -4
process
Biological Resources
No significant impacts to biological resources are anticipated; no mitigation measures are required.
Cultural Resources
A qualified archaeological /paleontological monitor
shall be retained by the project applicant who will be
present during the grading and landform alteration
phase. In the event that cultural resources and /or
Tennis
fossils are encountered during construction
Submit proof
Club Site:
activities, ground - disturbing excavations in the
of qualified
Phase 2
vicinity of the discovery shall be redirected or halted
archaeologica
Prior to
Planning
SC -8
by the monitor until the find has been salvaged. The
11
issuance of
Division
area surrounding any cultural materials or fossils
paleontologic
grading permit
Golf Club
encountered during grading shall also be
al monitor
Site:
investigated to determine the extent of the site. Any
Phase 1
artifacts and /or fossils discovered during project
construction shall be prepared to a point of
identification and stabilized for long -term storage.
Any discovery, along with supporting documentation
MMRP —Golf Realty Fund (PA2005 -140)
Page 5
Sc/
PDF/
Mitigation Measure
Method of
Timing of
Applicable
Responsibility
MM
Verification
Implementation
Phase(s)
No.
and an itemized catalogue, shall be accessioned
into the collections of a suitable repository. Curation
costs to accession any collections shall be the
responsibility of the project applicant.
Tennis
The City shall provide an opportunity for a Native
Club Site:
Phase 2
American representative to monitor excavation
Submit proof
Prior to
MM-
activities. The representative shall be determined by
of Native
Planning
1
the City based on input from concerned Native
American
issuance of
Golf Club
Division
American tribes (i.e., Gabrielino, Juane "no, and
observer
grading permit
Site:
Tongvas).
Phase 1
Geology and Soils
Tennis
All grading operations and construction shall comply
Periodic
During grading
Club Site:
with the applicable City of Newport Beach Grading
and
Phases 1 -4
Building
SC -9
Code and Grading Manual and the most recent
during
g
grading and
construction
Golf Club
Division
version of the California Building Code.
construction
operations
Site:
Phasest -4
Tennis
Club Site:
Prior to issuance of the grading permit, an erosion
Approval of
Prior to
Phases 1 -3
SC-
control plan shall be submitted to and approved by
erosion
issuance of
Building
10
the City's Building Division.
control plan
grading permit
Club
Division
Site:
Phases 1 -4
Submittal of
Tennis
soils
Club Site:
Prior to issuance of a grading permit, the applicant
Prior
to
Phase 2
SC-
shall submit a soil engineering report and final
engineering
report and
issuance of
Building
11
geotechnical report to the City's Building Division for
final
grading permit
Golf Club
Division
Site:
approval.
geotechnical
report
Phase 2
The project shall be designed to incorporate the
recommendations included in 'Revised Preliminary
Geotechnical Design Parameters for the NBCC
Planned Community" (April 25, 2008) and 'Report of
Tennis
Geotechnical Studies and Review of Vesting
Club Site:
Tentative Tract Map No. 15347' (May 2, 2008)
Phase 2
MM_
prepared by GMU Geotechnical that address site
Submittal of
Prior to
Building
2
grading, site clearing, compaction, bearing capacity
geotechnical
issuance of
Club
Division
and
and settlement, lateral pressures, footing design,
reports
grading permit
Site:
seismic design, slabs on grade, retaining wall
Phase 1
design, subdrain design, concrete, surface drainage,
landscape maintenance, etc. The Building Division
shall review the grading plan to ensure conformance
with recommendations contained in the final
geotechnical report.
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Applicable
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Implementation
Phase(s)
No.
Greenhouse Gas Emissions
Tennis
Submit
Club Site:
evidence of
Phase 2
Sc-
compliance
Prior to
Building
12
All new buildings shall meet Title 24 requirements.
during
issuance of
Golf Club
Division
Site:
building plan
building permit
check
Phase 3
process
Tennis
Club Site:
Submit
Prior to
Phase 2
Planning
Water conservation design features shall be
evidence of
issuance of
Division and
13
13
incorporated into building and landscape designs.
compliance
building permit
Golf Club
Public Works
Site:
Department
Phase 2
Tennis
Submit
Club Site:
evidence of
Phase 2
PDF
Design of buildings shall take into account the
compliance
Prior to
Building
-1
location of building air intake to maximize ventilation
during plan
issuance of
Golf Club
Division
Site:
efficiency and incorporate natural ventilation.
check
building permit
Phase 2
process
Submit
Tennis
evidence of
Club Site:
Phase 2
compliance
Prior to
PDF
The buildings shall incorporate energy- conserving
during
issuance of
Building
-2
heating and lighting systems.
building plan
building permit
Golf Club
Division
Site:
check
Phase 2
process
Submit
evidence of
Tennis
compliance
Club Site:
Phase 2
The project shall incorporate fast - growing, low water
during
Prior to
Planning
PDF
use landscape to enhance carbon sequestration and
landscape
issuance of
Division and
3
reduce water use.
plan review
building permit
Golf Club
Public Works
Site:
and upon field
Department
verification
Phase 2
Hazards and Hazardous Materials
Prior to any disturbance of the construction
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materials within the Golf Clubhouse and /or the
Submit ACM
Prior to
Club Site:
Tennis Clubhouse, a comprehensive asbestos
and LBP
issuance of
Phase 2
Building
containing materials (ACM) and lead based paint
survey and
demolition
1
14
4
(LBP) survey shall be conducted. Any repairs,
site
permit for
Golf Club
Division
Site:
renovations, removal or demolition activities that will
inspection
buildings
impact the ACM and /or LBP or inaccessible ACM
Phase 3
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Phase(s)
No.
shall be performed by a licensed asbestos
contractor. Inaccessible suspect ACM shall be
tested prior to demolition or renovation. Proper
safety procedures for the handling of suspect ACM
and LBP shall be followed in accordance with
federal, state and local regulatory requirements
federal and California Occupation Safety and Health
Administration (OSHA), and Air Quality
Management District (AQMD) Rule 1403, which sets
forth specific procedures and requirements related
to demolition activities involving asbestos containing
materials and SCAQMD Regulation X - National
Emission Standards For Hazardous Air Pollutants,
Subpart M - National Emission Standards For
Asbestos, which include demolition activities
involving asbestos.
During demolition, grading, and excavation, workers
shall comply with the requirements of Title 8 of the
Tennis
California Code of Regulations Section 1532.1,
Periodic
Club Site:
which provides for exposure limits, exposure
monitoring
During
Ph ases 1 -4
SC-
monitoring, respiratory protection, and good working
during
demolition,
Building
15
practice by workers exposed to lead. Lead-
demolition
grading and
Golf Club
Division
contaminated debris and other wastes shall be
and site
excavation
Site:
managed and disposed of in accordance with the
inspection
Phases 1 -4
applicable provision of the California Health and
Safety Code.
Hydrology and Water Quality
Prior to issuance of a grading permit, the project
applicant shall be required to submit a notice of
Tennis
intent (Not) with the appropriate fees to the State
Club Site:
Water Quality Resources Control Board for
Phase 2
Building
coverage of such future projects under the General
Submit
Prior to
Division and
Construction Activity Storm Water Runoff Permit
evidence of
issuance of
1
16
6
prior to initiation of construction activity at a future
NOI filing
grading permit
Public Works
site. As required by the NPDES permit, a Storm
Golf Club
Department
Water Pollution and Prevention Plan (SWPPP) will
Site:
Phase 1
be prepared and will establish BMPs in order to
reduce sedimentation and erosion.
Prior to issuance of a grading permit, the project
applicant shall prepare a Water Quality
Management Plan (WQMP) for the project and
submit the WQMP to the City of Newport Beach for
approval. The WQMP shall specifically identify Best
Tennis
Management Practices (BMPs) that will be used to
Club Site:
control predictable pollutant runoff, including
Prior to
Phase 2
Building
SC-
flow /volume -based measures to treat the "first flush."
Approval of
issuance of
Division and
17
The WQMP shall identify at a minimum the routine
WQMP
grading permit
Public Works
structural and non - structural measures specified in
Golf Club
Department
Site:
the Countywide NPDES Drainage Area Master Plan
(DAMP), which details implementation of the BMPs
Phase 1
whenever they are applicable to a project, the
assignment of long -term maintenance
responsibilities, and shall reference the locations of
structural BMPs.
SC-
Prior to issuance of a grading permit, the project
Submit
Prior to
Tennis
1 Buildin
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Phase(s)
No.
18
applicant shall prepare. a Storm Water Pollution and
SWPPP
issuance of
Club Site:
Division and
Prevention Plan ( SWPPP). The SWPPP will
grading permit
Phase 2
Public Works
establish BMPs in order to reduce sedimentation
Approval of
Department
and erosion and prevent construction pollutants from
erosion and
Golf Club
Site:
leaving the site. The project shall also incorporate
sediment
all monitoring elements as required in the General
control plan
Phase 1
Construction Permit. The project applicant shall also
develop an erosion and sediment control plan to be
reviewed and approved by the City of Newport
Beach prior to issuance of grading permit.
Tennis
Club Site:
Future site grading and construction shall comply
Submit
During grading
Phases 1 -4
Building
SC-
with the drainage controls imposed by the applicable
.
evidence of
and
Division and
19
building code requirements prescribed by the City of
compliance
construction
Golf Club
Public Works
Site:
Newport Beach,
and site
activities
Department
inspection
Phases 1 -4
Land Use and Planning
No significant impacts are anticipated and no mitigation measures are required.
Mineral Resources
No significant impacts are anticipated and no mitigation measures are required.
Noise
Tennis
Club:
Phases 1 -4
During rock crushing operations, a temporary barrier
Show on
During rock
MM-
using a pile of accumulated demolition debris or a
grading plans
crushing
Golf Club
Building
Site:
3
sound blanket shall be used if a direct line of sight
and site
Division
exists between the crusher and any off -site homes.
inspection
operations
phases 1 -4
Tennis
Club Site:
All construction equipment, stationary and mobile,
Show on
During
Phases 1 -4
MM-
shall be equipped with properly operating and
grading plans
construction
Building
4
maintained muffling devices.
and site
activities
Golf Club
Division
Site:
inspection
Phases 1 -4
Tennis
Submit
Club Site:
Prior to issuance of a grading permit, a construction
construction
Prior to
Phases 1 -4
Community
MM-
schedule shall be developed that minimizes
schedule and
issuance of
Development
5
potential project - related and cumulative construction
site
grading permit
Golf Club
Department
Site:
noise levels.
inspection
Phases 1 -4
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Applicable
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Implementation
Phase(s)
No.
The construction contractor shall notify the residents
Tennis
of the construction schedule for the proposed
Submit
Club Site:
project, and shall keep them informed on any
evidence of
Prior to
Phases 1 -4
MM-
changes to the schedule. The notification shall also
compliance
issuance of
Building
6
identify the name and phone number of a contact
and site
grading perm
permit
Golf Club
Division
Site:
person in case of complaints. The contact person
inspection
shall take all reasonable . steps to resolve the
Phases 1 -4
complaint.
Submit
Healing, venting, and air conditioning (HVAC)
evidence of
HVAC
Tennis
Club Site:
equipment in or adjacent to residential areas shall
equipment
Phases 24
be shown by computation, based on the sound
sound rating
Prior to
Community
MM-
rating of the proposed equipment, not to exceed an
(adjacent to
issuance of
Golf Club
Development
7
A- weighted sound pressure level of fifty (50) dBA or
residential
building permit
Department
Site:
not to exceed an A- weighted sound pressure level of
areas) during
Phases 2 -4
fifty -five (55) dBA.
building plan
check
rocess
Population and Housing
No significant impacts are anticipated and no mitigation measures are required.
Public Services
No significant impacts are anticipated and no mitigation measures are required.
Recreation
No significant impacts are anticipated and no mitigation measures are required.
Transportation /T raff i c
Prior to commencement of each major phase of
construction, the Contractor shall submit a
construction staging, parking and traffic control plan
for approval by the Public Works Department, which
shall address issues pertaining to potential traffic
conflicts during peak traffic periods, potential
displacement of on- street parking, and safety. This
Tennis
plan shall identify the proposed construction staging
Approval of
Prior to
Club Site:
area(s), construction crew parking area(s),
construction
commencement
Phase 1 -4
Planning
MM-
estimated number and types of vehicles that will
staging,
of each major
Division and
8
occur during each phase, the proposed
parking and
phase of
Golf Club
Public Works
arrival /departure routes and operational safeguards
traffic control
construction
Department
Site:
(e.g. Flagmen, barricades, etc.) and hourly
plan
Phases 1 -4
restrictions, if necessary, to avoid traffic conflicts
during peak traffic periods and to ensure safety. If
necessary, the construction staging, parking and
traffic control plan shall provide for an off -site
parking lot for construction crews which will be
shuttled to and from the project site at the beginning
and end of each day. The plan shall identify all
MMRP —Golf Realty Fund (PA2005 -140)
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Method of
Timing of
Applicable
Responsibility
MM
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Implementation
Phase(s)
No.
construction traffic routes. The approved
construction staging, parking traffic control plan shall
be implemented throughout each major construction
phase.
The left turn pocket on Irvine Terrace at the Coast
Construct
Golf Club
site.
MM-
Highway shall be increased in length to a minimum
improvement
Prior to
Public Works
g
of 100 feet plus transition in order to adequately
or provide
issuance of
accommodate left -turn movements.
equivalent
building permit
Phase 3
Department
bonds
Utilities and Service Systems
No significant impacts are anticipated and no mitigation measures are required.
STATE OF CALIFORNIA }
COUNTY OF ORANGE } as.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby
certify that the whole number of members of the City Council is seven; that the foregoing resolution,
being Resolution No. 2012 -9 was duly and regularly introduced before and adopted by the City
Council of said City at a regular meeting of said Council, duly and regularly held on the 24th day of
January, 2012, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Hill, Rosansky, Curry, Selich, Henn, Daigle
Noes: Mayor Gardner
Absent: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 25th day of January, 2012.
City Clerk
Newport Beach, California
(Seal)