HomeMy WebLinkAbout2016-54 - Certifying an Addendum to the Final Environmental Impact Report for the Sunset Ridge Park Project (State Clearinghouse No. 2009051036) and Approving the Modified Park Public Access Road and Parking Lot for Sunset Ridge ParkRESOLUTION NO. 2016-54
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH, CALIFORNIA, CERTIFYING AN ADDENDUM TO THE FINAL
ENVIRONMENTAL IMPACT REPORT FOR THE SUNSET RIDGE PARK
PROJECT (STATE CLEARINGHOUSE NO. 2009051036) AND
APPROVING THE MODIFIED PARK PUBLIC ACCESS ROAD AND
PARKING LOT FOR SUNSET RIDGE PARK
WHEREAS, On March 23, 2010, the City Council certified the adequacy and
completeness of the Sunset Ridge Park Project Final Environmental Impact Report
(SCH No. 2009051036) (Sunset Ridge Park EIR) by adopting Resolution No. 2010-29
and approved the conceptual site plan for the Sunset Ridge Park Project that included a
public access road and parking lot (Project);
WHEREAS, on August 9, 2012, the California Coastal Commission approved the
coastal development permit for Sunset Ridge Park, but without a public access road or
parking lot;
WHEREAS, on December 2014, the Sunset Ridge Park was completed and
open to the public pursuant to the approved coastal development permit;
WHEREAS, the City of Newport Beach now intends to amend to the Sunset
Ridge Park coastal development permit to construct the park access road and parking
lot as envisioned by the City Council;
WHEREAS, the City of Newport Beach has prepared an Addendum to the
Sunset Ridge Park EIR (Addendum);
WHEREAS, the Sunset Ridge Park EIR and Addendum are on file at the City of
Newport Beach's Community Development Department located at 100 Civic Center
Drive, Newport Beach, California;
WHEREAS, the Community Development Department recommends the City Council
finds the attached Addendum in compliance with the requirements of the California
Environmental Quality Act (CEQA);
WHEREAS, a public meeting was held on April 26, 2016, in the City Council
Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time,
place, and purpose of the meeting was given in accordance with the Newport Beach
Municipal Code and Ralph M. Brown Act. Evidence, both written and oral, was presented
to, and considered by, the City Council at this meeting;
WHEREAS, after thoroughly considering the Sunset Ridge Park EIR, Addendum,
and the public testimony and written submissions, if any, of all interested persons
desiring to be heard, the City Council finds the following facts, findings, and reasons to
support adopting the Addendum:
Resolution No. 2016-54
Page 2 of 4
1. No substantial changes are proposed in the Project which will require major
revisions of the Sunset Ridge Park EIR due to the involvement of new
significant environmental effects or a substantial increase in the severity of
previously identified significant effects;
2. No substantial changes have occurred with respect to the circumstances
under which the Project is undertaken which will require major revisions of the
Sunset Ridge Park EIR due to the involvement of new significant
environmental effects or a substantial increase in the severity of previously
identified significant effects;
3. No new information of substantial importance, which was not known and
could not have been known with the exercise of reasonable diligence at the
time the Sunset Ridge Park EIR was certified as complete shows any of the
following:
a. The Project will have one or more significant effects not discussed in
the Sunset Ridge Park EIR;
b. Significant effects previously examined will be substantially more
severe than shown in the Sunset Ridge Park EIR;
c. Mitigation measures or alternatives previously found not to be feasible
would in fact be feasible, and would substantially reduce one or more
significant effects of the Project, but the Project proponents decline to
adopt the mitigation measure or alternative; or
d. Mitigation measures or alternatives which are considerably different
from those analyzed in the Sunset Ridge Park EIR would substantially
reduce one or more significant effects on the environment, but the
Project proponents decline to adopt the mitigation measure or
alternative.
4. Since no substantial changes to the circumstances or environmental setting
have occurred, and since no new information relating to significant effects,
mitigation measures, or alternatives has become available, the Project does
not require additional environmental review, consistent with CEQA Guidelines
Sections 15162 and 15168.
5. Based on these findings, the Sunset Ridge Park EIR and Addendum, the City
Council determines the Project falls within the scope of the Sunset Ridge
Park EIR, and the Sunset Ridge Park EIR therefore applies to the Project,
consistent with CEQA Guidelines Section 15168.
6. Based on these findings, the Sunset Ridge Park EIR and the Addendum, the
City Council determines that no subsequent EIR or supplemental EIR is
required or appropriate under California Public Resources Code Section
Resolution No. 2016-54
Page 3 of 4
21166 and CEQA Guidelines Sections 15162; 15163, and 15164. The
Addendum therefore satisfies CEQA's environmental review requirements for
the Project.
7. Based on the facts and analysis contained in the Addendum, the City Council
finds that the Project will not have, when compared to the Sunset Ridge Park
EIR, any new or more severe adverse environmental impacts.
8. The City Council has considered the Sunset Ridge Park EIR and the
Addendum, and concludes the Addendum reflects the independent judgment
of the City.
9. The City Council, on the basis of substantial evidence, rebutts the
presumption of adverse effect set forth in California Code of Regulations, Title
14, Section 753.5(d).
WHEREAS, pursuant to Newport Beach Municipal Code Section 20.54.070
(Changes to an Approved Project), the Community Development Director may choose
to refer any requested change to a project to the original review authority for review and
action; and
WHEREAS, the City Council has reviewed the modified park access road and
parking lot and compared it to the originally approved conceptual site plan.
NOW THEREFORE, the City Council of the City of Newport Beach, California,
hereby resolves as follows:
Section 1: The Recitals provided above are true and correct and constitute the
findings of the City Council for the Addendum to the Sunset Ridge Park EIR.
Section 2: The City Council certifies the Addendum to the Sunset Ridge Park
EIR for the reasons set forth in this resolution and as stated in the Addendum to the
Sunset Ridge Park EIR on file in the Community Development Department.
Section 3: The City Council approves the modified park access road and parking
lot for Sunset Ridge Park as depicted in the Addendum.
Section 4: If any section, subsection, sentence, clause or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall
not affect the validity or constitutionality of the remaining portions of this resolution. The
City Council hereby declares that it would have passed this resolution, and each
section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any
one or more sections, subsections, sentences, clauses or phrases be declared invalid
or unconstitutional.
Section 5: This resolution shall take effect immediately upon its adoption by the
City Council and the City Clerk shall certify the vote adopting the resolution.
Resolution No. 2016-54
Page 4 of 4
ADOPTED this 26"' day of April 2016.
ATTEST:
kk�� a4:e
Diane B. Dixon
Mayor
zaUJI&W�,-
Leilani
I. Brown
City Clerk /.1
Sunset Ridge Park Dedication- December 2014
ADDENDUM TO THE
SUNSET RIDGE PARK PROJECT
FINAL ENVIRONMENTAL IMPACT REPORT
State Clearinghouse No. 2009051036
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Prepared by the City of Newport Beach Community Development Department
January 2016
Addendum to Sunset Ridge Park Final EIR
1
SECTION 1 - INTRODUCTION
1.1 PURPOSE OF ADDENDUM
This document, prepared pursuant to the California Environmental Quality Act (CEQA),
constitutes an Addendum to the Sunset Ridge Park Project Final Environmental Impact Report
(SRP Final EIR) State Clearinghouse No. 2009051036 certified on March 23, 2010. This
Addendum was prepared in accordance with the provisions of the California Environmental
Quality Act (CEQA), Public Resources Code §§21000, at seq., and the State CEQA Guidelines,
California Code of Regulations §§15000, at seq. CEQA Guidelines §15164(a) states that "the
lead agency or a responsible agency shall prepare an addendum to a previously certified EIR if
some changes or additions are necessary but none of the conditions described in
Section 15162 calling for preparation of a subsequent EIR have occurred." Pursuant to CEQA
Guidelines §15162(a), a subsequent EIR or Negative Declaration is only required when:
(1) Substantial changes are proposed in the project which will require major
revisions of the previous EIR or negative declaration due to the involvement
of new significant environmental effects or a substantial increase in the
severity of previously identified significant effects;
(2) Substantial changes occur with respect to the circumstances under which the
project is undertaken which will require major revisions of the previous EIR or
Negative Declaration due to the involvement of new significant environmental
effects or a substantial increase in the severity of previously identified
significant effects; or
(3) New information of substantial importance, which was not known and could
not have been known with the exercise of reasonable diligence at the time
the previous EIR was certified as complete or the Negative Declaration was
adopted, shows any of the following:
(A) The project will have one or more significant effects not discussed in the
previous EIR or negative declaration;
(B) Significant effects previously examined will be substantially more severe
than shown in the previous EIR;
(C) Mitigation measures or alternatives previously found not to be feasible
would in fact be feasible, and would substantially reduce one or more
significant effects of the project, but the project proponents decline to
adopt the mitigation measure or alternative; or
(D) Mitigation measures or alternatives which are considerably different from
those analyzed in the previous EIR would substantially reduce one or
more significant effects on the environment, but the project proponents
decline to adopt the mitigation measure or alternative.
The purpose of this Addendum is to analyze the potential differences between the impacts
evaluated in the SRP Final EIR, and those that would be associated with the minor alternations
to the parking lot and access road proposed today. (These minor alterations are referred to
herein as the Sunset Ridge Park Access Road and Parking Lot Project (Project), but to be clear
Addendum to Sunset Ridge Park Final EIR
2
these proposals do not constitute a separate project and are minor alterations to a project that
was reviewed and approved by the City in 2010.)
As described in detail herein, there are no new significant impacts resulting from these changes
nor is there any substantial increase in the severity of any previously identified environmental
impacts. The potential impacts associated with these proposed changes would either be the
same or less than the anticipated levels ascribed in the SRP Final EIR. Therefore, in
accordance with CEQA Guidelines §15164, this Addendum to the SRP Final EIR is the
appropriate environmental documentation for the Project.
Pursuant to §15367 of the State CEQA Guidelines, the City of Newport Beach (City) is the lead
agency for the project. The lead agency is the public agency that has the principal responsibility
for carrying out or approving a project that may have a significant effect upon the environment.
The City has the authority for project approval and certification of the accompanying
environmental documentation. In taking action on any of the approvals outlined in Section 2.0,
Project Description, the City, as the lead agency and decision making body, must consider the
whole of the data presented in the SRP Final EIR and this Addendum.
1.2 PREVIOUS ENVIRONMENTAL DOCUMENTATION
The SRP Final EIR was certified by the Newport Beach City Council on March 23, 2010, as
adequately addressing the potential environmental impacts associated with the development of
the Sunset Ridge Park Project, an active and passive public park. The proposed park approved
by the City includes one baseball field and two soccer fields, a playground and picnic area, a
memorial garden and an overlook with seating and shade structure, pedestrian paths, restroom
facilities, an access road, and a parking lot. As approved, the parking lot provides 75 parking
spaces and includes a designated drop-off area. In addition, to the approved project
contemplated that 22 parallel parking spaces may be provided along the park access road near
the parking lot. The proposed park includes pedestrian access via two entries from the sidewalk
along Superior Boulevard and one entry from the sidewalk along West. Coast Highway. As
approved, vehicle ingress and egress would be provided via an access road to the park
extending from West Coast Highway through the adjacent Newport Banning Ranch property.
Use of this adjacent property for the park access road would require an access easement from
the Newport Banning Ranch property owner. No nighttime lighting other than for public safety
would be provided. The EIR proposed, and the City adopted, an extensive Mitigation Monitoring
and Reporting Program.
The City subsequently applied for a coastal development permit (CDP) from the California
Coastal Commission. The City's final application did not, at that time, propose that the access
road and parking lot elements of the project be included in the CDP. The Coastal Commission
undertook additional environmental review under its certified regulatory program (see Staff
Report: Revised Findings, dated May 31, 2013, #5-11-302). On August 9, 2012, the California
Coastal Commission approved the coastal development permit for Sunset Ridge Park, but
without a public access road or parking lot.
In December 2014, the Sunset Ridge Park was completed and open to the public pursuant to
the approved CDP. As noted above, it did not include the approved parking lot and park access
road through the adjacent Newport Banning Ranch property.
The adjacent Newport Banning Ranch (NBR) Development Project also proposes a road from
West Coast Highway. An EIR was prepared for the project, and an extensive, updated analysis
of the environmental impacts of the road was also included in that EIR. The City certified a Final
EIR (State Clearinghouse No. 2009031061) for the Newport Banning Ranch project on July 23,
Addendum to Sunset Ridge Park Final EIR
3
2012. The EIR proposed, and the City adopted, an extensive Mitigation Monitoring and
Reporting Program for that project as well. The NBR Development project is scheduled for
another public hearing in front of the Coastal Commission in May 2016 to review, and possibly
approve, a request for a CDP for that project.
The City of Newport Beach believes that now is an appropriate time to submit an amendment to
its current Sunset Ridge Park CDP to construct the approved aspects of the park project that
have yet to be constructed—including the park access road and parking lot. As currently in
operation, the Sunset Ridge Park relies on park patrons to park across Superior Avenue at
another City -owned parking lot and walk across Superior Avenue, up the hill and across a
portion of the park to access the playing fields, playground, and restroom facility, which is not
very user friendly or convenient. The community has also expressed concern that the park
would be safer for children if an access road were constructed and a parking lot provided as
was originally planned and approved by the City.
This addendum relies on and incorporates by reference the analysis in the SRP Final EIR, the
NBR Final EIR, and the environmental documentation prepared by the California Coastal
Commission. These documents are available for review at the City's offices, located at 100 Civic
Center Drive, Newport Beach, California, 92660.
SECTION 2.0 - PROJECT DESCRIPTION
2.1 PROJECT LOCATION
As described in the SRP Final EIR, the Sunset Ridge Park Project site (Project site)
encompasses approximately 18.9 acres. Approximately 13.7 acres of the Project site are
located within the incorporated boundary of the City of Newport Beach, and approximately 5.2
acres are in unincorporated Orange County within the City's Sphere of Influence. The entire site
is within the coastal zone, as established by the California Coastal Act.
The Project site is generally bound on the north by residential development; to the east by
Superior Avenue with residential development and Hoag Memorial Hospital Presbyterian (Hoag
Hospital) east of the road; to the south by West Coast Highway with residential development
south of the highway; and to the west by existing oil field operations and undeveloped open
space (Newport Banning Ranch). The Newport Banning Ranch property has a City General
Plan land use designation that would allow for either open space uses or mixed-use
development; the proposed access road for Sunset Ridge Park would traverse this property.
There is no direct vehicular access to the Project site from West Coast Highway. Exhibit 2-1,
Regional Location, and Exhibit 2-2, Local Vicinity, depict the Project site in a regional and local
context, respectively.
2.2 PROJECT CHARACTERISTICS
The Project is limited to modest modifications in the design of the Sunset Ridge parking lot and
access road from that originally analyzed in the SRP Final EIR and approved by the City in
2010. All changes are restricted to areas within the 13.7 acres owned by the City.
When compared to the original plan, the parking area has been relocated approximately 50 feet
to the north to the base of the slope of the landscaped buffer with the Newport Crest
Condominium development. The parking lot would be reconfigured to provide 78 parking
spaces, 3 more than originally approved. The access road would generally follow the original
alignment from the parking lot north -northwestward until it connects with the planned alignment
Addendum to Sunset Ridge Park Final EIR
4
of "A" Street of the Newport Banning Ranch project. Access to West Coast Highway would be
within the planned right-of-way of "A" Street of the Newport Banning Ranch project. The number
of parallel parking spaces along the access road would be reduced to 14. While minor changes
have been proposed to the access road itself—within footprint of the City -owned park area—no
changes are proposed to the access road beyond the city's property and no changes are
proposed to the approved alignment of "A" Street of the Newport Banning Ranch project. While
the approved project contemplates up to 22 spaces could be provided on the access road,
under the modified proposal, the number of parallel parking spaces along the access road
would be reduced to 14. The total number of parking spaces is 92.
The Sunset Ridge Park Road and Parking Lot Plan is depicted in Exhibit 2-3.
The proposed modifications to the access road and parking lot are substantially similar in design
and location to that originally approved. The proposed change is primarily recommended to
further improve the project's environmental design. The minor changes in the location and
design of the lot mean that the buffer between the developed areas of the project and the
protected habitat on site can be expanded. Thus, the changes in the project are expected to
further reduce the environmental impacts of the proposed actions. Moreover, it is anticipated
that once the new road is approved by the City, and the Coastal Commission, the existing
gravel maintenance road can be removed and revegetated.
All other existing components of the Sunset Ridge Park, including the number and configuration
sport fields, playground and picnic areas, pedestrian paths and restroom facilities and other
minor structures will remain per the Conceptual Site Plan and as developed. No changes are
proposed to any facilities located on non -City property as well.
SECTION 3.0 - ENVIRONMENTAL ANALYSIS
The analysis in this document will evaluate if the potential impacts of the Project outlined in
Section 2.0, Project Description, are substantially the same as those addressed in SRP Final
EIR. This evaluation includes a determination as to whether Project implementation would result
in any new significant impacts or a substantial increase in a previously identified significant
impact. If the comparative analysis identifies that there would be no change in impact from that
identified in the SRP Final EIR, a determination of "No Substantial Change from Previous
Analysis" has been made.
This analysis provides the City of Newport Beach with the factual basis for determining whether
any changes in the project, any changes in circumstances, or any new information since the
SRP Final EIR was certified require additional environmental review or preparation of a
subsequent or supplemental EIR.
As explained below, there is no substantial evidence indicating that the minor changes in the
project will require major revisions of the previous EIR due to the involvement of new significant
environmental effects or a substantial increase in the severity of previously identified significant
effects. Moreover, there is no substantial evidence revealing that there have been substantial
changes with respect to the circumstances under which the project is undertaken which will
require major revisions of the previous EIR due to the involvement of new significant
environmental effects or a substantial increase in the severity of previously identified significant
effects as a result of the minor alternations in the project.
Addendum to Sunset Ridge Park Final EIR
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JANUARY 24 2018
Revised Sunset Ridge Park Road and
Parking Lot Plan EXHIBIT 2-3
Addendum to the Sunset Ridge Park Project EIR
3.1 LAND USE AND RELATED PLANNING PROGRAMS
The following threshold of significance is as set forth in the SRP Final EIR. It states: 'The
Project would result in a significant impact related to land use and planning programs if it would:
Would the project conflict with any applicable land use plan, policy, or regulation of an
agency with jurisdiction over the Project (including, but not limited to the general plan,
specific plan, local coastal program, or zoning ordinance) adopted for the purpose of
avoiding or mitigating an environmental effect?"
No Substantial Change from Previous Analysis. Land use and related planning program
impacts have been previously analyzed in detail as part of the SRP Final EIR, which was
prepared and certified pursuant to State and City CEQA Guidelines. Since the SRP Final EIR
was certified, the Newport Banning Ranch project has been approved. That project, however,
was proposed at the time the Sunset Ridge Project was approved, and accordingly was
contemplated and analyzed in the SRP Final EIR. The Project impacts remain less than
significant. The Project remains consistent with applicable plans and policies. No significant
impacts related to land use and planning would occur. However, mitigation is provided that
addresses all potential impacts associated with the Project. (Less than significant with
mitigation) The Project remains a compatible land use with existing and proposed land uses
bordering the site.
Mitigation Program
No new significant impacts would occur with implementation of the Project. No mitigation is
required beyond that adopted by the City in the Mitigation Monitoring and Reporting Program.
Finding of Consistency with the SRP Final EIR
The proposed minor modifications to the project would not create a new significant impact or a
substantial increase in the severity of previously identified effects. Pursuant to Section 15162 of
the State CEQA Guidelines, the City of Newport Beach has determined, on the basis of
substantial evidence in the light of the whole record, that the project does not propose
substantial changes to the project, no substantial changes would occur that would require major
revisions to the SRP Final EIR, and no new information of substantial importance or applicable
to the project has been revealed since the certification of the SRP Final EIR.
3.2 AESTHETICS
The following thresholds of significance are as set forth in the SRP Final EIR. It states: "The
Project would result in a significant impact related to aesthetics if it would:
Have a substantial adverse effect a scenic vista
• Substantially degrade the existing visual character or quality of the site and its
surroundings
Create a new source of substantial light or glare, which would adversely affect
day or nighttime views in the area"
No Substantial Change from Previous Analysis. Aesthetic and visual impacts have been
previously analyzed as part of the SRP Final EIR, which was prepared and certified pursuant to
State and City CEQA Guidelines. The Project impacts remain less than significant. The Project
would not place permanent structures or paving in the Caltrans scenic easement; the Project
would not adversely alter existing views of site or surrounding area, nor degrade the visual
character of the site or surrounding areas, nor would it impede views of or from the Project site;
and the Project would continue to include low -profile security nighttime lighting that would not
affect nighttime views as the Project sites, direct light sources downward so as not to spill over
to adjacent land uses, and not involve use of building material that could cause a glare.
Mitigation Program
The SRP Final EIR mitigation program included the following project design features and
standard conditions:
PDF 4.2-1: All outdoor lighting would be appropriately shielded and oriented in order to
prevent light spillage on adjacent, off-site land uses. Outdoor lighting associated with the
restroom facilities and parking lot shall not adversely impact residential land uses to the
north, but shall provide sufficient illumination for access and security purposes.
SC 4.2-1: The site shall not be excessively illuminated. The Public Works Director and/or
Planning Director may order the dimming of light sources or other remediation upon
finding that the site is excessively illuminated.
SC 4.2-2: Prior to the opening of the Project to the public, the City shall prepare a
photometric study in conjunction with a final lighting plan for approval by the Public
Works Director and/or Planning Director. The survey shall show that lighting values are
"1" or less at all property lines.
Finding of Consistency with the SRP Final EIR
The proposed minor modifications to the project would not create a new significant impact or a
substantial increase in the severity of previously identified effects. It should be noted that the
Coastal Commission, in granting a CDP, imposed further measures to assure that impacts are
even further reduced, including detailed requirements for a lighting plan. This special condition
further reduces impacts and further assure that there will be no significant impacts to aesthetic
resources. (See Staff Report: Revised Findings, dated May 31, 2013, #5-11-302.) Pursuant to
Section 15162 of the State CEQA Guidelines, the City of Newport Beach has determined, on
the basis of substantial evidence in the light of the whole record, that the project does not
propose substantial changes to the project, no substantial changes would occur that would
require major revisions to the SRP Final EIR, and no new information of substantial importance
or applicable to the project has been revealed since the certification of the SRP Final EIR.
3.3 TRANSPORTATION AND CIRCULATION
The following thresholds of significance are as set forth in the SRP Final EIR. It states: 'The
Project would result in a significant traffic impact if it would:
• Cause an increase in traffic which is substantial in relation to the existing traffic load and
capacity of the street system (i.e., result in a substantial increase in either the number of
vehicle trips, the volume -to -capacity ratio on roads, or congestion at intersections).
• Exceed, either individually or cumulatively, a level of service standard established by the
County congestion management agency for designated roads or highways.
• Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g. farm equipment), or result in inadequate
emergency access.
0 Result in inadequate parking capacity.
• Conflict with any applicable plan, policy, or regulation of an agency with jurisdiction over
the project (including, but not limited to the general plan, specific plan, local coastal
program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an
environmental effect. Conflict with adopted policies, plans, or programs supporting
alternative transportation (e.g., bus turnouts, bicycle racks)."
No Substantial Change from Previous Analysis. Transportation and circulation impacts have
been previously analyzed as part of the SRP Final EIR, which was prepared and certified
pursuant to State and City CEQA Guidelines. The Project impacts remain less than significant
with project design features, standard conditions, and mitigation measures.
The Project would not result in a 0.01 or greater increase in intersection capacity utilization
(ICU) at the intersection of West Coast Highway at Newport Boulevard, which is projected to
exceed the City' level of service (LOS) standards. All other traffic study intersections would
continue to operate at acceptable levels of service.
Based on the significance criteria for Congestion Management Plan (CMP) intersections, the
Project would not significantly impact the one CMP intersection within the traffic study area.
Implementation of the Project would not result in any significant impacts related to circulation or
access, and therefore would not significantly impact any emergency response evacuation plans.
The Project will provide 78 to 92 parking spaces, which is adequate to serve the park.
The Project would not conflict with any goals or policies of the City of Newport Beach General
Plan or Local Coastal Plan.
Mitigation Program
The SRP Final EIR mitigation program included the following project design features, standard
conditions, and mitigation measures:
SC 4.3-1: Sight distance at the Project's access point shall comply with City of Newport
Beach standards.
SC 4.3-2: Traffic control and truck route plans shall be reviewed and approved by the
Public Works Department before their implementation. Large construction vehicles shall
not be permitted to travel narrow streets as determined by the Public Works Department.
Disruption caused by construction work along roadways and by movement of
construction vehicles shall be minimized by proper use of traffic control equipment and
flag persons. Construction workers shall be required to park on the Project site.
MM 4.3-1: The Project Manager shall provide advanced written notice of temporary
traffic disruptions to the affected area's businesses and the general public. This notice
shall be provided at least two weeks prior to disruptions.
MM 4.3-2: The Project Manager shall ensure that construction activities requiring more
than 16 truck (i.e., multiple axle vehicle) trips per hour, such as excavation and concrete
pours, shall be limited between June 1 and September 1 to avoid traffic conflicts with
beach and tourist traffic. At all other times, such activities shall be limited to 25 truck (i.e.,
multiple axle vehicle) trips per hour unless otherwise approved by the City's Traffic
Engineer. Haul operations shall be monitored by the Public Works Department, and
additional restrictions may be applied if traffic congestion problems arise.
MM 4.3-3: Prior to the start of grading, emergency fire access to the site shall be
approved by the City Public Works Department and the Fire Department.
MM 4.3-4: Prior to the start of grading, the Project Manager shall demonstrate to the City
Fire Department that all existing and new access roads surrounding the Project site shall
be designated as fire lanes, and no parking shall be permitted unless the accessway
meets minimum width requirements of the Public Works and Fire Departments. Parallel
parking on one side may be permitted if the road is a minimum 32 feet in width.
Level of Significance After Mitigation
Consistent with the findings of the SRP Final EIR, the Project would have no new impacts with
respect to transportation and circulation.
Finding of Consistency with the SRP Final EIR
The proposed minor modifications to the project would not create a new significant impact or a
substantial increase in the severity of previously identified effects. Pursuant to Section 15162 of
the State CEQA Guidelines, the City of Newport Beach has determined, on the basis of
substantial evidence in the light of the whole record, that the project does not propose
substantial changes to the project, no substantial changes would occur that would require major
revisions to the SRP Final EIR, and no new information of substantial importance or applicable
to the project has been revealed since the certification of the SRP Final EIR.
3.4 AIR QUALITY AND CLIMATE CHANGE
The following thresholds of significance are as set forth in the SRP Final EIR. It states: "The
Project would have a significant adverse impact related to air quality if it would:
Conflict with or obstruct implementation of the applicable air quality plan
• Violate any air quality standard or contribute substantially to an existing or
projected air quality violation
Result in a cumulatively considerable net increase of any criteria pollutant for
which the project is in non -attainment under an applicable federal or State
ambient air quality standard (including releasing emissions which exceed
quantitative thresholds for ozone precursors)
Expose sensitive receptors to substantial pollutant concentrations
Create objectionable odors affecting a substantial number of people"
No Substantial Change from Previous Analysis. Air quality impacts have been previously
analyzed as part of the SRP Final EIR, which was prepared and certified pursuant to State and
City CEQA Guidelines. The Sunset Ridge Park Project has been developed, with the exception
of the parking lot and access road. The Sunset Ridge Park Project involved mass grading of the
park site and haul road that included approximately 130,000 cubic yards (cy) of cut and 96,000
cy of fill, with a net export of approximately 34,000 cy. Most of that work was completed during
the first phase of park construction. The remaining grading associated with the Project would
involve only approximately 8,474 cy cut and 607 cy fill with a net export of 7,867 cy. The minor
modifications proposed to the project are not expected to change those numbers in any
meaningful way, and indeed are expected to slightly reduce the amount of remaining, cut, fill,
and grading as compared the amounts analyzed in the SRP Final EIR.
Mitigation Program
The SRP Final EIR mitigation program included the following project design features, standard
conditions, and mitigation:
MM 4.4-1: The Contractor shall develop a grading plan that assures that on-site
emissions of PM10 will not exceed 40 pounds per day and on-site emissions of PM2.5
will not exceed 11 pounds per day.
MM 4.4-2: For all Project construction:
a. Use electricity from power poles rather than temporary diesel or gasoline power
generators;
b. Ensure that all vehicles and equipment will be properly tuned and maintained
according to manufacturers' specifications;
c. Prohibit all diesel trucks from idling in excess of five minutes, both on- and off-site.
If it is determined that soil export hauling will result in more than 540 off-site VMT per
day, the following shall be required. (Note: VMT per day is determined by multiplying the
round trip distance from the park site to the spoils site by the number of truck trips per
day.)
d. The construction contractors shall assure that at least 50 percent of the off-site haul
trips are made with trucks with engines that meet or exceed Tier 3 standards.
The construction contractor shall schedule off-site haul activities that affect traffic flow on
the arterial system to off-peak hours to the extent practicable, that is, peak hour hauls on
the off-site arterial system shall occur only if necessary to avoid extending the length of
the mass grading phase of construction.
MM 4.4-3: The following actions shall be implemented as a part of and the construction
of the Sunset Ridge Park Project:
a. Watering and visible dust control shall exceed the requirements of SCAQMD Rule
403 as follows: The Contractor shall suspend grading operations when wind gusts
exceed 15 miles per hours.
b. In windy conditions, the dust control measures of SCAQMD Rule 403, Table 2 (Large
Operations) shall be applied.
c. If windy conditions are forecast for a weekend, holiday, or other day when site work
is not planned, the Contractor shall take measures, such as additional watering or
the application of chemical suppressants, to stabilize disturbed areas and stockpiles
prior to the non -work days.
d. During grading and earthmoving, the Contractor shall re -apply water as necessary to
assure that visible emissions do not extend to the Newport Crest residences.
e. The Contractor shall develop a grading plan that assures that on-site emissions of
PM10 will not exceed 40 pounds per day and on-site emissions of PM2.5 will not
exceed 11 pounds per day.
f. The Contractor shall develop a grading plan that limits the grading within 200 feet of
the Newport Crest residences to four hours per day.
MM 4.4-4: The City shall appoint a person as a contact for complaints relative to
construction impacts to the adjacent neighborhoods. A contact telephone number and
email address shall be posted on signage at the construction site and shall be provided
by mail to all residents within 500 feet of the Project site. Upon receipt of a complaint,
the City contact person shall investigate the complaint and shall develop corrective
action, if needed, with the Contractor. The City contact person shall respond to the
complainant within two working days to describe the results of the investigation. The City
contact person shall maintain a log of all complaints and resolutions.
SC 4.4-1: During construction of the Project, the Project Manager shall be required to
comply with SCAQMD Rules 402 and 403, which shall assist in reducing short-term air
pollutant emissions. SCAQMD Rule 402 requires that air pollutant emissions not be a
nuisance off site. SCAQMD Rule 403 requires that fugitive dust be controlled with the
best available control measures so that the presence of such dust does not remain
visible in the atmosphere beyond the property line of the emission source. This
requirement shall be included as notes on the Project Managers' specifications. Table 1
of Rule 403 prescribes the Best Available Control Measures that are applicable to all
construction projects. The measures include, but are not limited to the following:
• Clearing and grubbing - Apply water in sufficient quantity to prevent generation of
dust plumes.
• Cut and fill - Pre -water soils prior to cut and fill activities and stabilize soil during and
after cut and fill activities.
• Earth -moving activities - Pre -apply water to depth of proposed cuts; re -apply water
as necessary to maintain soils in a damp condition and to ensure that visible
emissions do not exceed 100 feet in any direction; and stabilize soils once earth-
moving activities are complete.
• Importing/exporting of bulk materials — Stabilize material while loading to reduce
fugitive dust emissions; maintain at least six inches of freeboard on haul vehicles;
and stabilize material while transporting to reduce fugitive dust emissions.
• Stockpiles/bulk material handling — Stabilize stockpiled materials; stockpiles within
100 yards of off-site occupied buildings must not be greater than eight feet in height;
or must have a road bladed to the top to allow water truck access or must have an
operational water irrigation system that is capable of complete stockpile coverage.
• Traffic areas for construction activities — Stabilize all off-road traffic and parking
areas; stabilize all haul routes; and direct construction traffic over established haul
routes.
PDF 4.4-1: Water -efficient irrigation systems and devices, such as soil moisture -based
irrigation controls, shall be installed throughout the Project site.
PDF 4.4-2: The Project shall be designed to be water -efficient. Water -efficient fixtures
and appliances shall be installed in the restrooms.
PDF 4.4-3: Watering methods shall be restricted (e.g., systems that apply water to non-
vegetated surfaces shall be prohibited) and runoff shall be controlled in accordance with
City of Newport Beach Best Management Practices.
PDF 4.4-4: Low -impact development (LID) practices that maintain the existing hydrologic
character of the site shall be implemented to manage storm water and to protect the
environment. (Retaining storm water runoff on site can drastically reduce the need for
energy -intensive imported water at the site.)
PDF 4.4-5: The City of Newport Beach Water Conservation Ordinance, Section 14.16 of
the Municipal Code shall be applicable to the Park. The ordinance includes but is not
limited to the LID practices of PDF 4.4-5 and a requirement for an approved water use
plan to be prepared and implemented.
PDF 4.4-6: Approximately 130 to 140 trees shall be planted where there are now no
existing trees, thus increasing GHG sequestration.
Level of Significance After Mitigation
Consistent with the findings of the SRP Final EIR, the proposed project would have no new
impacts with respect to air quality.
Finding of Consistency with the SRP Final EIR
The proposed minor modifications to the project would not create a new significant impact or a
substantial increase in the severity of previously identified effects. Pursuant to Section 15162 of
the State CEQA Guidelines, the City of Newport Beach has determined, on the basis of
substantial evidence in the light of the whole record, that the project does not propose
substantial changes to the project, no substantial changes would occur that would require major
revisions to the SRP Final EIR, and no new information of substantial importance or applicable
to the project has been revealed since the certification of the SRP Final EIR.
3.5 NOISE
The following thresholds of significance are as set forth in the SRP Final EIR. It states: 'The
Project would have a significant adverse impact related to noise if it would:
• 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
• Exposure of persons to or generation of excessive groundborne vibration or
groundborne noise levels
• A substantial permanent increase in ambient noise levels in the project vicinity
above levels existing without the project
• A substantial temporary or periodic increase in ambient noise levels in the project
vicinity above levels existing without the project
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, exposure of
people residing or working in the project area to excessive noise levels"
No Substantial Change from Previous Analysis. Noise impacts have been previously
analyzed as part of the SRP Final EIR, which was prepared and certified pursuant to State and
City CEQA Guidelines. Due to the low existing noise levels and the proximity of the noise -
sensitive receivers construction of the parking lot and access road result in a temporary
substantial increase in ambient noise to the residences adjacent to the site from the use of
mobile grading equipment.
Mitigation Program
The SRP Final EIR mitigation program included the following project design features, standard
conditions and mitigation measures:
PDF 4.5-1: The Project includes landscaped berms between active park uses and the
Newport Crest Condominium development to provide for noise attenuation.
SC 4.5-1: Grading and construction plans shall include a note indicating that loud noise -
generating project construction activities (as defined in Section 10.28.040 of the noise
ordinance) shall take place between the hours of 7:00 AM and 6:30 PM on weekdays,
and from 8:00 AM to 6:00 PM on Saturdays. Loud noise generating construction
activities are prohibited on Sundays and federal holidays.
MM 4.5-1: Prior to the start of grading, the Project Manager shall produce evidence
acceptable to the Public Works Director and/or Planning Director, that:
a. All construction vehicles or equipment, fixed or mobile, shall be equipped with
properly operating and maintained mufflers.
b. Stationary equipment, such as generators and air compressors, would be located as
far from local residences as feasible.
c. Equipment maintenance and staging areas would be located as far away from local
residences, as feasible.
d. Stockpiling and/or vehicle staging areas shall be located as far as practicable from
dwellings.
Level of Significance After Mitigation
Consistent with the findings of the SRP Final EIR, the proposed project would have no new
impacts with respect to noise.
Finding of Consistency with the SRP Final EIR
The proposed minor modifications to the project would not create a new significant impact or a
substantial increase in the severity of previously identified effects. Pursuant to Section 15162 of
the State CEQA Guidelines, the City of Newport Beach has determined, on the basis of
substantial evidence in the light of the whole record, that the project does not propose
substantial changes to the project, no substantial changes would occur that would require major
revisions to the SRP Final EIR, and no new information of substantial importance or applicable
to the project has been revealed since the certification of the SRP Final EIR.
3.6 BIOLOGICAL RESOURCES
The following thresholds of significance are as set forth in the SRP Final EIR. It states: 'The
Project would have a significant adverse impact to biological resources if it would result in any of
the following:
• Have a substantial adverse effect, either directly or indirectly through .habitat
modifications, on any species identified as a candidate, sensitive, or special
status species in local or regional plans, policies, or the CDFG or USFWS
• 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 CDFG or USFWS
• 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
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
Conflict with any local policies or ordinances protecting biological resources,
such as a tree preservation policy or ordinance
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 Substantial Change from Previous Analysis. Biological resources impacts have been
previously analyzed as part of the SRP Final EIR, which was prepared and certified pursuant to
State and City CEQA Guidelines. The area where the parking lot is proposed was dominated by
ornamental species prior to park construction. It is now graded and landscaped and does not
contain any natural habitat. The access road would impact biological resources on the site;
however, as demonstrated in the EIR, these impacts can be reduced to a level less than
significant with the mitigation program.
As noted below, the changes in the project are designed to further reduce environmental
impacts as compared to the approved project by increasing the buffer between sensitive habitat
and developed features of the project.
Mitigation Program
The SRP Final EIR mitigation program included the following mitigation measures
MM 4.6-1: Project -related activities likely to have the potential to disturb suitable bird
nesting habitat shall be prohibited from February 15 through August 31, unless a Project
Biologist acceptable to the City of Newport Beach surveys the Project area prior to
disturbance to confirm the absence of active nests. Disturbance shall be defined as any
activity that physically removes and/or damages vegetation or habitat or any action that
may cause disruption of nesting behavior such as loud noise from equipment and/or
artificial night lighting. Surveys shall be conducted weekly, beginning no earlier than 30
days and ending no later than 3 days prior to the commencement of disturbance. If an
active nest is discovered, disturbance within a particular buffer shall be prohibited until
nesting is complete; the buffer distance shall be determined by the Biologist in
consideration of species sensitivity and existing nest site conditions. Limits of avoidance
shall be demarcated with flagging or fencing. The Biologist shall record the results of the
recommended protective measures described above and shall submit a memo
summarizing any nest avoidance measures to the City of Newport Beach to document
compliance with applicable State and federal laws pertaining to the protection of native
birds.
Similarly, for preserved vegetation that occurs within 50 to 100 feet of construction
activities, if construction is occurring during the nesting season, preserved vegetation
shall be surveyed for the presence of nesting birds.
MM 4.6-2: To the maximum extent practicable, habitats that provide potential nest sites
for raptors/burrowing owls shall be removed from September 1 through January 31. If
Project construction activities are initiated during the raptor/burrowing owl nesting
season (February 1 to August 31), a nesting raptor/burrow survey shall be conducted.
Seven days prior to the onset of construction activities, a qualified Biologist shall survey
within the limits of the proposed Project disturbance area for the presence of any active
raptor nests/burrows (common or special status). Any nest/burrow found during survey
efforts shall be mapped on the construction plans. If no active nests/burrows are found,
no further mitigation would be required, and survey results shall be provided to the
CDFG.
If nesting activity is present, the active site shall be protected until nesting activity has
ended to ensure compliance with Section 3503.5 of the California Fish and Game Code.
To protect any nest/burrow site, the following restrictions on construction are required
between February 1 and August 31 (or until nests/burrows are no longer active, as
determined by a qualified Biologist): (1) Clearing limits shall be established a minimum of
300 feet in any direction from any occupied nest/burrow and (2) access and surveying
shall be restricted within 200 feet of any occupied nest/burrow. Any encroachment into
the 300- and/or 200 -foot buffer area(s) around the known nest/burrow shall only be
allowed if a qualified Biologist determines that the proposed activity shall not disturb the
nest occupants. During the non -nesting season, proposed work activities can occur only
if a qualified Biologist has determined that fledglings have left the nest/burrow.
If an active nest/burrow is observed during the non -nesting season, a qualified Biologist
shall monitor the nest site; when the raptor/owl is away from the nest, the Biologist shall
flush any raptors to open space areas or exclude the owl from the burrow and then
remove the burrow so the owl cannot return.
MM 4.6-3: The NCCP/HCP does not authorize Incidental Take resulting from the
conversion of habitat occupied by coastal California gnatcatchers in Existing Use Areas.
Consistent with FESA processes, the City has two options to mitigate for the impacts to
the coastal California gnatcatcher:
a. On-site avoidance of habitat that would constitute Incidental Take of gnatcatcher
habitat or
b. b. Mitigation of Incidental Take through a Section 7 or Section 10 process
In addition, the following construction -related minimization measures shall be required
1. All activities involving the removal of gnatcatcher/coastal sage scrub habitat shall be
prohibited during the breeding and nesting season (February 15 to July 15) unless
otherwise directed by the USFWS.
2. The use of any large construction equipment during site grading shall be prohibited
within 200 feet of an active gnatcatcher nest during the breeding and nesting season
of these species (February 15 to July 15) unless otherwise directed by the USFWS.
3. All areas containing habitat suitable for occupation by the gnatcatcher adjacent to the
impact area shall be delineated by the use of orange snow fencing or the use of lath
and ropes/flagging.
4. .All grubbing operations shall be monitored by a qualified Biologist. The monitoring
Biologist shall ensure that only the amount of coastal sage scrub habitat approved
for removal by the USFWS will be removed.
5. The monitoring Biologist shall flush gnatcatchers from occupied habitat areas
immediately prior to brush -clearing and earth -moving activities. It shall be the
responsibility of the monitoring Biologist to assure that gnatcatchers shall not be
directly impacted by brush -clearing and earth -moving equipment in a manner that
also allows for construction activities on a timely basis.
6. If construction occurs during the nesting season, a summary of construction
monitoring activities shall be provided to the LISFWS and the CDFG following
completion of construction.
7. Following the completion of initial clearing activities, all areas of coastal sage scrub
habitat to be avoided by construction equipment and personnel shall be marked with
temporary fencing or other appropriate markers clearly visible to construction
personnel. No construction access, parking, or storage of equipment shall be
permitted within such marked areas.
MM 4.6-4: Implementation of the Project would result in the loss of 0.41 acre of coastal
sage scrub habitat. Permanent impacts on coastal sage scrub vegetation shall be
mitigated at a two to one (2:1) ratio on the Project site or in suitable off-site locations in
the Newport Beach/Costa Mesa area. A 2:1 ratio for mitigation is appropriate for the
habitat impacted which is non -typical for gnatcatchers and subject to degradation by
invasive, non-native species. A coastal sage scrub restoration plan shall be prepared by
the City prior grading activities. The City shall be responsible for implementing the
restoration plan. Restoration shall consist of seeding and planting of containers of
appropriate coastal sage scrub species and cactus cuttings. The restoration areas shall
be maintained and monitored by the City until the success criteria documented in the
restoration plan have been met.
The restoration plan shall contain the following items.
Responsibilities and qualifications of the personnel to implement and supervise the
plan. The responsibilities of the landowner, specialists, and maintenance personnel
that shall supervise and implement the plan shall be specified.
2. Site selection. The site shall be located in a dedicated open space area and shall be
contiguous with other natural open space areas.
3. Site preparation and planting implementation, including protection of existing native
species; trash and weed removal; native species salvage and reuse (i.e., duff); soil
treatments (i.e., imprinting, decompacting); erosion control measures (i.e., rice or
willow wattles); and seed mix application.
4. Schedule. Establishment of restoration/revegetation sites shall be conducted
between October and January 30. Seeding and planting of container plants shall
take place immediately after preparation of the restoration sites.
5. Maintenance plan/guidelines. The maintenance plan shall include weed control;
herbivory control; trash removal; irrigation system maintenance; maintenance
training; and replacement planting.
6. Monitoring Plan. The monitoring plan shall be conducted for three years, depending
upon the performance of the mitigation site, and shall include qualitative monitoring
(i.e., photographs and general observations); quantitative monitoring (i.e., randomly
placed transects); performance criteria; and monthly reports for the first year,
bimonthly reports thereafter, and annual reports for all three years.
7. Long-term preservation. Long-term preservation of the site shall be outlined in the
conceptual mitigation plan to ensure the mitigation site is not impacted by future
development. A conservation easement and a performance bond shall be secured
prior to implementation of the site.
8. Identification of performance standards for the revegetation of coastal sage scrub.
Restoration shall be considered successful at three years if the percent cover and
species diversity of the restored and/or created habitat areas are similar to percent
cover and species diversity of adjacent existing habitats, as determined by
quantitative testing of existing, restored, and created habitat areas. In addition, earth-
moving equipment shall avoid maneuvering in areas outside the identified limits of
grading in order to avoid disturbing open space areas that would remain
undeveloped. Prior to grading, the natural open space limits shall be marked by the
Construction Supervisor and the Project Biologist. These limits shall be identified on
the grading plan. No earth -moving equipment shall be allowed within the open space
areas.
MM 4.6-5: Implementation of the Project would result in the loss of 0.06 acre of riparian
habitat. Prior to the final submittal of a permit application for a CDFG permit agreement,
the City shall develop a riparian restoration and enhancement plan for the CDFG. The
objective of the plan shall be to ensure no net loss of habitat values as a result of Project
activities. This may include preservation, restoration, and enhancement within and off
the Project site. The mitigation ratio shall be negotiated with the resource agencies, but
shall be no less than 1:1 to ensure no net loss of habitat. The City shall implement the
mitigation plan as approved by the resource agencies and according to guidelines and
performance standards. Prior to implementation, a detailed riparian restoration and
enhancement plan shall be developed and shall contain the following items:
1. Responsibilities and qualifications of the personnel to implement and supervise the
plan. The responsibilities of the City, specialists, and maintenance personnel that will
supervise and implement the plan shall be specified.
2. Site selection. Site selection for restoration and enhancement mitigation shall be
determined in coordination with the City and resource agencies. The mitigation
site(s) shall be located within the Project site in a dedicated open space area or on
land that shall be dedicated and/or purchased off site.
3. Site preparation and planting implementation. The site preparation shall include
protection of existing native species; trash and weed removal; native species salvage
and reuse (i.e., duff); soil treatments (i.e., imprinting, decompacting); temporary
irrigation installation; erosion control measures (i.e., rice or willow wattles); seed mix
application; and container species.
4. Schedule. A schedule, which includes planting to occur in late fall and early winter
(between October and January 30) shall be developed.
5. Maintenance plan/guidelines. The maintenance plan shall include weed control;
herbivory control; trash removal; irrigation system maintenance; maintenance
training; and replacement planting.
6. Monitoring Plan. The site shall be monitored and maintained for three years to
ensure successful establishment of riparian habitat within the restored and created
areas. The monitoring plan shall include qualitative monitoring (i.e., photographs and
general observations); quantitative monitoring (i.e., randomly placed transects);
performance criteria as approved by the resource agencies; and monthly reports for
the first year, bimonthly reports thereafter, and annual reports for all three years.
7. Long -Term Preservation. Long-term preservation of the site shall also be outlined in
the restoration and enhancement plan to ensure the mitigation site is not impacted
by future development.
MM 4.6-6: A Jurisdictional Delineation Report shall be submitted to each regulatory
agency (i.e., the USACE, the CDFG, and the RWQCB) with a request for their
concurrence. To facilitate this concurrence, the City shall coordinate and participate in a
"Pre -Application Field Meeting" with the USACE, the CDFG, and the RWQCB. The
meeting shall be scheduled prior to the submittal of permit applications. The meeting
shall review (1) the Project; (2) the impacts that would result from Project
implementation; and (3) the proposed mitigation. The intent of this meeting is to obtain a
formal Jurisdictional Determination by the USACE and the CDFG.
Upon receipt of the Jurisdictional Determination, the City shall submit to the CDFG the
required permit applications required for direct or indirect impacts on areas within this
agency's jurisdiction. The City shall be obligated to those mitigation measures required
by the resource agency relative to impacts on CDFG jurisdiction. Mitigation shall include,
but is not limited to, an in -lieu fee and/or avoidance, enhancement, or replacement of in-
kind biological value.
Level of Significance After Mitigation
Consistent with the findings of the SRP Final EIR, the proposed project would have no new
impacts with respect to biological resources. It should be noted that the Coastal Commission
imposed further measures to assure that impacts to biological resources are even further
reduced, including (1) an open space restriction, (2) detailed requirements for the landscaping
plan, (3) detailed requirements for a lighting plan to avoid impacts to species, (4) detailed
requirements for a habitat management plan, (5) detailed requirements for a monitoring plan, (6)
detailed requirements for a nest predator exclusion program, (6) detailed requirements for
construction staging and fencing, and (7) requirements for off-site habitat enhancement, among
other things. These special conditions further reduce impacts and further assure that there will
be no significant impacts to biological resources. (See Staff Report: Revised Findings, dated
May 31, 2013, #5-11-302.)
Finding of Consistency with the SRP Final EIR
The proposed minor modifications to the project would not create a new significant impact or a
substantial increase in the severity of previously identified effects. Pursuant to Section 15162 of
the State CEQA Guidelines, the City of Newport Beach has determined, on the basis of
substantial evidence in the light of the whole record, that the project does not propose
substantial changes to the project, no substantial changes would occur that would require major
revisions to the SRP Final EIR, and no new information of substantial importance or applicable
to the project has been revealed since the certification of the SRP Final EIR.
As noted elsewhere, the primary purpose and effect of the proposed changes is to increase the
setbacks between environmentally sensitive areas and development features associated with
the access road and the parking lot. These changes will result in beneficial environmental
impacts rather than potentially significant adverse impacts.
3.7 CULTURAL RESOURCES
The following thresholds of significance are as set forth in the SRP Final EIR. It states: "The
Project would have a significant adverse impact to cultural resources if it would result in any of
the following:
• Cause a substantial adverse change in the significance of a historical resource
as defined in Section 15064.5
• Cause a substantial adverse change in the significance of an archaeological
resource pursuant to Section 15064.5
• Directly or indirectly destroy a unique paleontological resource or site or unique
geologic feature
• Disturb any human remains, including those interred outside of formal
cemeteries"
No Substantial Change from Previous Analysis. Cultural resources impacts have been
previously analyzed as part of the SRP Final EIR, which was prepared and certified pursuant to
State and City CEQA Guidelines. The access road could impact cultural resources on the site;
however, these impacts can be reduced to a level less than significant with the mitigation
program.
Mitigation Program
The SRP Final EIR mitigation program included the following standard conditions and mitigation
measures:
MM 4.7-1: The Project Manager shall provide written evidence to the City of Newport
Beach Public Works and/or Planning Department that a qualified Archaeologist has been
retained to observe grading activities and to salvage and catalogue archaeological
resources, as necessary. The Archaeologist shall be present at the pre -grade
conference; shall establish procedures for archaeological resource surveillance; and
shall establish, in cooperation with the Project Manager, procedures for temporarily
halting or redirecting work to permit the sampling, identification, and evaluation of the
artifacts, as appropriate. If archaeological resources are found to be significant, the
Archaeologist shall determine appropriate actions, in cooperation with the City and
Project Manager, for exploration and/or salvage. These actions, as well as final
mitigation and disposition of the resources, shall be subject to the approval of the Public
Works Director and/or Planning Director.
Based on their interest and concern about the discovery of cultural resources and
human remains during Project grading, consideration should also be given to retaining a
Native American Monitor to observe some or all grading activities.
Nothing in this mitigation measure precludes the retention of a single cross -trained
observer who is qualified to monitor for both archaeological and paleontological
resources.
MM 4.7-2: The Project Manager shall provide written evidence to the City of Newport
Beach Public Works and/or Planning Department that a qualified Paleontologist has
been retained to observe grading activities and conduct salvage excavation of
paleontological resources as necessary. The Paleontologist shall be present at the pre -
grading conference; shall establish procedures for paleontological resources
surveillance; and shall establish, in cooperation with the City, procedures for temporarily
halting or redirecting work to permit the sampling, identification, and evaluation of the
fossils as appropriate.
Any earth -moving activity associated with development, slope modification, or slope
stabilization that requires moving large volumes of earth shall be monitored according to
the paleontological sensitivity of the rock units that underlie the affected area. All
vertebrate fossils and representative samples of megainvertebrates and plant fossils
shall be collected. Productive sites that yield vertebrates should be excavated, and
approximately 2,000 pounds (lbs) of rock samples should be collected to be processed
for microvertebrate fossil remains. The Society of Vertebrate Paleontology (SVP)
recommends that a standard sample of 6,000 lbs be collected for microvertebrate sites
(BonTerra Consulting 2009b). It is recommended that such a large volume only be
required in very unique situations, such as in an area where no fossils have ever been
reported and the results would greatly alter scientific interpretations of the area, or if the
site is so rich that the diversity of known taxa (species) would be greatly enhanced by
processing a larger volume.
If any scientifically important large fossil remains are uncovered during earth -moving
activities, the Paleontologist shall divert heavy equipment away from the fossil site until
s/he has had an opportunity to examine the remains. If warranted, a rock sample will be
collected for processing. The Paleontologist shall be equipped to rapidly remove fossil
remains and/or matrix (earth), and thus reduce the potential for any construction delays.
If scientifically important fossil remains are observed and if safety restrictions permit, the
Project Manager shall allow the Paleontologist to safely salvage the discovery. At the
Paleontologist's discretion, the Project Manager may assist in the removal of the fossil
remains and rock sample to reduce any construction delays.
All fossils shall be documented in a detailed Paleontological Resource Impact Mitigation
Report. Fossils recovered from the field or by processing shall be prepared; identified;
and, along with accompanying field notes, maps and photographs, accessioned into the
collections of a designated, accredited museum such as the Natural History Museum of
Los Angeles or the San Diego Natural History Museum.
Because of slope modification, fossil -bearing exposures of the Quaternary marine
deposits may be destroyed. If feasible, a few stratigraphic sections with fossil -bearing
horizons should be preserved for educational and scientific purposes.
Recommendations specific to each lithologic unit are provided (please refer to Section
4.7 for the entire text of the mitigation measure):
a. Monterey Formation
b. Quaternary Marine Terrace Deposits
c. Younger Alluvium and Aeolian Deposits
Nothing in this mitigation measure precludes the retention of a single cross trained
observer, qualified to monitor for both archaeological and paleontological resources.
SC 4.7-1: In accordance with California Health and Safety Code, Section 7050.5, if
human remains are found, the County Coroner shall be notified within 24 hours of the
discovery. No further excavation or disturbance of the site or any nearby area
reasonably suspected to overlie adjacent remains shall occur until the County Coroner
has determined, within two working days of notification of the discovery, the appropriate
treatment and disposition of the human remains. If the County Coroner determines that
the remains are or believed to be Native American, s/he shall notify the Native American
Heritage Commission (NAHC) in Sacramento within 24 hours. In accordance with
California Public Resources Code, Section 5097.98, the NAHC must immediately notify
those persons it believes to be the most likely descended from the deceased Native
American. The descendants shall complete their inspection within 48 hours of being
granted access to the site. The designated Native American representative would then
determine, in consultation with the property owner, the disposition of the human remains.
Level of Significance After Mitigation
Consistent with the findings of the SRP Final EIR, the proposed project would have no new
impacts with respect to biological resources.
Finding of Consistency with the SRP Final EIR
The proposed project would not create a new significant impact or a substantial increase in the
severity of previously identified effects. Pursuant to Section 15162 of the State CEQA
Guidelines, the City of Newport Beach has determined, on the basis of substantial evidence in
the light of the whole record, that the project does not propose substantial changes to the
project, no substantial changes would occur that would require major revisions to the SRP Final
EIR, and no new information of substantial importance or applicable to the project has been
revealed since the certification of the SRP Final EIR.
3.8 GEOLOGY, SOILS, AND MINERAL RESOURCES
The following thresholds of significance are as set forth in the SRP Final EIR. It states: "The
Project would have a significant adverse impact to geology and soils if it would result in any of
the following:
• Expose people or structures to potential substantial adverse effects, including the risk of
loss, injury, or death involving strong seismic ground shaking.
• Expose people or structures to potential substantial adverse effects including the risk of
loss, injury, or death from seismic -related ground failure, including liquefaction.
• Expose people or structures to potential substantial adverse effects including the risk of
loss, injury, or death from landslides.
• Result in substantial soil erosion or the loss of topsoil.
• 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.
• Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code
(1994), creating substantial risks to life or property.
No Substantial Change from Previous Analysis. Geology and soils impacts have been
previously analyzed as part of the SRP Final EIR, which was prepared and certified pursuant to
State and City CEQA Guidelines. Ground shaking at the site can be expected associated with
regional earthquake activity and there is the potential for liquefaction, landsliding and erosion.
Mitigation Program
The SRP Final EIR mitigation program included the following project design features, standard
conditions and mitigation measures:
PDF 4.8-1: Landscape and irrigation plans have been designed to minimize irrigation
near natural areas/slopes.
PDF 4.8-2: Geotechnical design recommendations contained within the Geotechnical
Study for the Proposed Sunset Ridge Park Project would be incorporated into the final
Project design, unless supplemental geotechnical investigations provide information
requiring revision of these recommendations.
SC 4.8-1: A qualified Geotechnical Engineer shall review the final grading plans,
foundation plans and specifications when available to verify that all Project Design
Features have been appropriately considered and incorporated into final plan
development.
MM 4.8-1: A final design -level geotechnical exploration shall be performed after the final
grading plans are made available to confirm that the data and assumptions applied in
the development of final Project plans and specifications remain appropriate.
MM 4.8-2: Additional slope stability analyses shall be performed when the final slope
configuration is available to confirm that Project slopes would be seismically stable. Final
slope configuration would be adjusted if needed to ensure impacts are less than
significant.
Level of Significance After Mitigation
Consistent with the findings of the SRP Final EIR, the proposed project would have no new
impacts with respect to geology and soils.
Finding of Consistency with the SRP Final EIR
The proposed minor modifications to the project would not create a new significant impact or a
substantial increase in the severity of previously identified effects. Pursuant to Section 15162 of
the State CEQA Guidelines, the City of Newport Beach has determined, on the basis of
substantial evidence in the light of the whole record, that the project does not propose
substantial changes to the project, no substantial changes would occur that would require major
revisions to the SRP Final EIR, and no new information of substantial importance or applicable
to the project has been revealed since the certification of the SRP Final EIR.
3.9 HAZARDS AND HAZARDOUS MATERIALS
The following thresholds of significance are as set forth in the SRP Final EIR. It states: 'The
Project would have a significant adverse impact to hazards and hazardous material if it would
result in any of the following:
Be located on a site which is included on a list of hazardous materials sites compiled
pursuant to Government Code Section 65962.5 and, as a result, would it create a
significant hazard to the public or the environment.
• Create a significant hazard to the public or the environment through the routine
transport, use, or disposal of hazardous materials.
No Substantial Change from Previous Analysis. Hazards and hazardous materials impacts
have been previously analyzed as part of the SRP Final EIR, which was prepared and certified
pursuant to State and City CEQA Guidelines. The oil wells on the Project site have been
abandoned and remediated. Any contaminated oil field equipment would be removed; any
contaminated soil would be remediated, as necessary.
Mitigation Program
The SRP Final EIR mitigation program included the following mitigation measures:
MM 4.9-1: Any contaminated soils or other hazardous materials removed from the
Project site shall be transported only by a Licensed Hazardous Waste Hauler who shall
be in compliance with all applicable State and federal requirements, including U.S.
Department of Transportation regulations under Title 49 of the CFR (Hazardous
Materials Transportation Act), California Department of Transportation standards,
Occupational Safety and Health Administration standards, and the Resource
Conservation and Recovery Act (42 United States Code §6901 et seq.). The City of
Newport Beach Public Works and/or Planning Department shall verify that only Licensed
Haulers who are operating in compliance with regulatory requirements are used to haul
hazardous materials.
MM 4.9-2: The State Regional Water Quality Control Board — Santa Ana Region (Santa
Ana RWQCB, through its regulatory authority to meet the Water Quality Control Plan
(Basin Plan) objectives set forth in compliance with the Porter -Cologne Water Quality
Control Act, shall oversee contaminated soil mitigation efforts including but not limited to
on-site treatment, as necessary, confirmation of impacted soil delineation, excavation,
and final report review and approval. The Orange County Health Care Agency (OCHCA)
may also provide oversight of soil remediation and mitigation efforts as determined by
the Santa Ana RWQCB. Interim storage and handling of impacted materials shall be
performed under the Santa Ana RWQCB oversight responsibilities including the
preparation of a Storm Water Pollution Prevention Plan (SWPPP) and erosion control
requirements through the County M34 National Pollutant Discharge Elimination System
(NPDES) permit requirements as well as compliance with air quality construction
emission requirements of the South Coast Air Quality Management District (SCAQMD).
MM 4.9-3: Prior to grading, the contractor shall develop an approved Health and Safety
Contingency Plan (HSCP) in the event that unanticipated/unknown environmental
contaminants are encountered during construction. The plan shall be developed to
protect workers, safeguard the environment, and meet the requirements of the California
Code of Regulations (CCR), Title 8, General Industry Safety Orders - Control of
Hazardous Substances. The HSCP should be prepared as a supplement to the
Contractor's Site -Specific Health and Safety Plan, which should be prepared to meet the
requirements of CCR Title 8, Construction Safety Orders. Specifically, the HSCP must:
Describe the methods, procedures, and processes necessary to identify, evaluate,
control, or mitigate all safety and health hazards associated with any soil,
groundwater, and/or air contamination that may be encountered during field
construction activities.
2. Apply to all .site construction workers, on-site subcontractors, site visitors, and other
authorized personnel who are involved in construction operations.
3. Be approved by the Public Works Director.
The HSCP shall take effect only if materials affected by environmental contaminants are
exposed during construction. This includes undocumented waste materials,
contaminated soils, affected groundwater, and related substances that may be classified
as hazardous or regulated materials, and/or materials that could endanger worker or
public health. If affected materials are encountered, the HSCP shall be implemented to
reduce the potential exposure to the environment and workers at the site. All site
workers shall be required to perform work in a prescribed manner to reduce the potential
that they will endanger themselves, others, or the general public.
MM 4.9-4: During construction, if environmentally affected soil, groundwater, or other
materials are encountered on site, the Project Engineer shall be quickly mobilized to
evaluate, assess the extent of, and mitigate the affected materials. The following is only
applicable if materials affected by environmental contaminants are exposed during
construction. The contractor or City's consultant shall be responsible for implementing all
applicable sampling and monitoring of the project. Applicable sampling and monitoring
activities can include air monitoring (both for personal protection and SCAQMD Rule
1166 compliance), collecting soil and groundwater samples for analysis, and
documenting mitigation activities. Specific applicable sampling and monitoring
applicable requirements shall vary, depending upon the nature, concentration, and
extent of affected materials encountered.
Level of Significance After Mitigation
Consistent with the findings of the SRP Final EIR, the proposed project would have no new
impacts with respect to hazards and hazardous materials.
Finding of Consistency with the SRP Final EIR
The proposed minor modifications to the project would not create a new significant impact or a
substantial increase in the severity of previously identified effects. Pursuant to Section 15162 of
the State CEQA Guidelines, the City of Newport Beach has determined, on the basis of
substantial evidence in the light of the whole record, that the project does not propose
substantial changes to the project, no substantial changes would occur that would require major
revisions to the SRP Final EIR, and no new information of substantial importance or applicable
to the project has been revealed since the certification of the SRP Final EIR.
3.10 HYDROLOGY AND WATER QUALITY
The following thresholds of significance are as set forth in the SRP Final EIR. It states:
"Significant adverse impacts to natural drainage systems created by altered hydrologic
conditions of concern would occur if the proposed Project would:
• Violate any water quality standards or waste discharge requirements.
• 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).
• 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 offsite.
• Substantially alter the existing drainage pattern of the site or area, including through the
alteration of the course of a stream or river, or substantially increase the rate or amount
of surface runoff in a manner in which would result in flooding on- or off-site.
• 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.
• Otherwise substantially degrade water quality.
• Result in significant alteration of receiving water quality during or following construction.
• 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, or storage, delivery areas, loading docks or other outdoor
work areas.
• Result in the potential for discharge of stormwater to affect the beneficial uses of the
receiving waters.
• Create the potential for significant changes in the flow velocity or volume of stormwater
runoff to cause environmental harm.
• Create significant increases in erosion of the project site or surrounding areas.
No Substantial Change from Previous Analysis. Hydrology and water quality impacts have
been previously analyzed as part of the SRP Final EIR, which was prepared and certified
pursuant to State and City CEQA Guidelines. The Project has been developed in concert with
site -design best management practices (BMPs) intended at avoiding or reducing the water
quality impacts of the Project.
Mitigation Program
The SRP Final EIR mitigation program included the following project design features, standard
conditions and mitigation measures:
PDF 4.10-1: Construction Best Management Practices: The Project shall incorporate a
combination of best management practices (BMPs) for erosion control, sediment control,
wind erosion, tracking control, storm water and non -storm water management, and
waste management/pollution control. These BMPs shall be implemented to ensure
potential effects on local site hydrology, runoff and water quality remain in compliance
with all appropriate permits, City policies, and the Project's Water Quality Management
Plan (WQMP) and Storm Water Pollution Prevention Plan (SWPPP). These BMPs shall
include appropriate measures as identified in Appendix I of the EIR.
PDF 4.10-2: Structural BMPs for Post-Construction/Project Operation: Structural BMPs
shall be implemented to ensure that the long-term effects of Project operation on local
hydrology, drainage patterns, and water quality remain less than significant and in
compliance with Project permits, City policies, and the Project's WQMP and SWPPP.
These BMPs include storm drain stenciling and signage, smart trash storage area
design, installment of efficient irrigation systems and landscaping practices, and slope
protection measures (e.g., vegetation, terrace drains, and energy dissipaters) as
identified in Appendix I of this EIR.
PDF 4.10-3: Non -Structural BMPs for the Post -Project Construction: Non -Structural
BMPs shall be implemented to ensure that the long-term effects of Project operation on
local hydrology, drainage patterns, and water quality remain less than significant and in
compliance with Project permits, City policies, and the Project's WQMP and SWPPP.
These non-structural measures would be implemented along with the structural
measures identified in PDF 4.10-2 to ensure Project effects are minimized. Non-
structural BMPs shall include education and outreach, activity restrictions for the site,
landscape and pesticide management, BMP maintenance, litter control, and other
appropriate measures as described in Appendix I of this EIR.
PDF 4.10-4: Site -Design BMPs: Site -design BMPs were developed early in the planning
process for the Sunset Ridge Park Project in order to reduce environmental impacts and
to minimize or avoid hydrologic and water quality effects. These concepts are focused
on minimizing (1) storm water runoff, (2) the impervious surface area of Project features,
(3) the conservation of natural areas, (4) contiguous impervious areas. Additional detail
on these Site Design BMPs can be found in Appendix I of this EIR.
PDF 4.10-5: Stormwater Routing and Treatment -Control BMPs: Stormwater routing and
treatment -control BMPs shall be incorporated into the Project design to ensure that
pollutant constituents contained within site runoff and drainage for both storm water and
non -storm water discharges are adequately treated, such that all flows discharging into
the reinforced concrete box (RCB) culvert at West Coast Highway are in compliance with
water quality objectives and preserve the beneficial uses of the Santa Ana River Tidal
Prism. These stormwater routing and treatment -control BMPs shall include:
1. A bioswale would be located adjacent to the park access road to detain and treat
storm water flows from the access road and adjacent slope.
2. Interceptor drains would be located between the bioswale and proposed parking lot
to collect runoff from the preserved nature area and adjacent slope.
3. A flow basin would be located at the intersection of West Coast Highway and the
access road to collect flows from the road, preserved open space, and slopes. This
basin would be located and sized based on the ultimate alignment of the access
road.
4. Off-site flow basins would be located at the northern corner of the site, to the west of
the existing housing development bordering the Project to collect off-site flows.
5. An on-site vegetated dry creek would be located within the parking lot and would be
routed to drain beneath a portion of the parking lot via culvert crossing. This dry
creek would collect and treat flows from the parking lot.
6. RCP storm drains would be located throughout the site to collect on-site and off-site
runoff and route these flows into the subdrain system and the RCB in West Coast
Highway
7. A polyvinyl chloride (PVC) storm drain would be located throughout park to collect
on-site flows.
8. An underground corrugated metal pipe (CMP) detention system is proposed to
reduce future flows to the level of existing flows. Flows would enter the system via
the area drain line(s) and would outlet via a smaller pipe sized accordingly in order to
allow for storage in the system; this would provide the reduction in peak flows in the
proposed condition.
9. A gravel subdrain system would be located across the southern edge of the park at
the top of the slope to collect ground water flows. This system would collect
groundwater seepage from the apartment site to the north, as well as any percolated
runoff from the park, keeping seepage from outletting to the slope along West Coast
Highway.
An underground filter facility that would both retain flows and treat up to 1.06 cfs of post -
construction discharge traversing the site. This facility shall treat the poorest quality
flows originating as runoff within the condominium complex to the north. This discharge
flow rate is equivalent to the increase in discharge associated with project
implementation.
PDF 4.10-6: Inspection/Maintenance Responsibilities for BMPs: Inspection and
maintenance of BMPs shall be implemented by the City of Newport Beach prior to
completion of the Project. These responsibilities are presented in Appendix I of this EIR
for structural and non-structural BMPs. Upon final design of treatment- control BMPs, a
similar matrix shall be developed that specifies maintenance responsibilities for
treatment control measures. The City of Newport Beach shall retain all maintenance
records for a period of at least five years from the date generated. Those records shall
be available for review by government agencies. The methods used for inspection and
maintenance shall conform to the guidelines outlined in the Orange County Drainage
Area Management Plan.
SC 4.10-1: All landscape materials and irrigation systems shall be maintained in
accordance with the approved Landscape Plan (see Appendix I of this EIR for more
information). All landscaped areas shall be maintained in a healthy and growing
condition and shall receive regular pruning, fertilizing, mowing, and trimming. All
landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be
kept operable, including adjustments, replacements, repairs, and cleanings as part of
regular maintenance.
SC 4.10-2: A Storm Water Pollution Prevention Plan (SWPPP) and Notice of Intent
(NOI) to comply with the General Permit for Construction Activities shall be prepared,
submitted to the State Water Resources Control Board (SWRCB) for approval, and
made part of the construction program. The City shall maintain a copy of the NOI and
application check as proof of filing with the SWRCB. The SWPPP shall detail measures
and practices that will be in effect during construction to minimize the Project's impact on
water quality.
SC -4.10-3: The City shall prepare and submit a Water Quality Management Plan
(WQMP) for the proposed Project, subject to the approval of the Building Department,
Code and Water Quality Enforcement Division. The WQMP shall provide appropriate
BMPs to ensure that no violations of water quality standards or waste discharge
requirements occur; it shall also identify the entity responsible for the long-term
inspection, maintenance, and funding for all BMPs.
SC 4.10-4: A list of "good housekeeping" practices shall be incorporated into the long-
term (post -construction) operation of the site in order to minimize the likelihood that
pollutants that could impair water quality will be used, stored, or spilled on the site.
These may include frequent parking area vacuum sweeping, removal of wastes or spills,
limited use of harmful fertilizers or pesticides, and the diversion of storm water away
from potential sources of pollution (e.g., trash receptacles and parking structures).
MM 4.10-1: The City shall comply with applicable provisions of the Construction General
Permit; Dewatering General Permit; the regional NPDES permit requirements, including
the DAMP; and any other federal, State, or local requirements have been incorporated
into construction -phase BMPs. The required BMPs shall be specified in terms and
conditions of Project Managers' contract specifications. The City shall be responsible for
ensuring the implementation of required BMPs.
MM 4.10-2: In accordance with NPDES, DAMP, and WQMP requirements, appropriate
and effective storm water BMPs shall be implemented on the Project site to
accommodate storm water runoff from developed areas and to ensure that applicable
water quality standards are met. Site -design and treatment -control BMPs shall be
implemented during proposed Project construction in accordance with final plans and
specifications. Treatment -control BMPs would be maintained by the City of Newport
Beach.
MM 4.10-3: The final approved Project Plans and Specifications shall include
implementation of the WQMP requirements and Project Design Features. The final
approved Project plans and specifications shall include implementation of all relevant
BMPs and the approved drainage concept plan contained in either Site Design Option 1
or Option 2.
MM 4.10-4: The City shall comply with California's General Permit of Storm Water
Discharges Associated with Construction Activity by: (1) providing a copy of the Notice of
Intent submitted to the State Water Resources Control Board and a copy of the
subsequent notification of the issuance of a Waste Discharge Identification (WDID)
Number or other proof of filing and (2) preparing a Storm Water Pollution Prevention
Plan (SWPPP).
Level of Significance After Mitigation
Consistent with the findings of the SRP Final EIR, the proposed project would have no new
impacts with respect to hydrology and water quality. It should be noted that the Coastal
Commission imposed further measures to assure that impacts related to hydrology and water
quality are even further reduced, including detailed requirements for a drainage and runoff
control plan. These special conditions further reduce impacts and further assure that there will
be no significant impacts to biological resources. (See Staff Report: Revised Findings, dated
May 31, 2013, #5-11-302.)
Finding of Consistency with the SRP Final EIR
The proposed minor modifications to the project would not create a new significant impact or a
substantial increase in the severity of previously identified effects. Pursuant to Section 15162 of
the State CEQA Guidelines, the City of Newport Beach has determined, on the basis of
substantial evidence in the light of the whole record, that the project does not propose
substantial changes to the project, no substantial changes would occur that would require major
revisions to the SRP Final EIR, and no new information of substantial importance or applicable
to the project has been revealed since the certification of the SRP Final EIR.
3.11 PUBLIC SERVICES AND UTILITIES
The following thresholds of significance are as set forth in the SRP Final EIR. It states: "The
Project would result in a significant impact related (public] services if it would:
• Result in substantial adverse physical impacts associated with the provision of new or
physically altered governmental facilities, need for new or physically altered
governmental 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.
• Require or result in the construction of new water treatment facilities or expansion of
existing facilities, the construction of which could cause significant environmental effects.
• Have sufficient water supplies available to serve the Project from existing entitlements
and resources, or are new or expanded entitlements needed.
• Exceed wastewater treatment requirements of the applicable Regional Water Quality
Control Board.
Result in a determination by the wastewater treatment provider which services or may
serve the Project that has adequate capacity to serve the Project's projected demand in
addition to the provider's existing commitments.
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.
Result in substantial adverse physical impacts associated with the provision of new or
physically altered energy transmission facilities, the construction of which could cause
significant environmental impacts, in order to maintain acceptable levels of service.
No Substantial Change from Previous Analysis. Public services and utilities impacts have
been previously analyzed as part of the SRP Final EIR, which was prepared and certified
pursuant to State and City CEQA Guidelines. Police and fire services can be provided for the
Project without significantly impacting existing and planned development within the City. No new
or expanded water entitlements would be required.
Mitigation Program
The SRP Final EIR mitigation program included the following project design features and
standard conditions:
PDF 4.11-1: The City shall provide a locked gate at the Project entry to ensure that no
vehicles enter the site after dusk. The City shall provide a locking system on the gate
that ensures emergency personnel, vehicles, and equipment can enter once the park is
closed.
SC 4.11-1: Prior to the City Council's approval of the Project site plan, the Fire
Department shall review and approve the site plan in order to ensure adequate access
to the Project site via the access road. In addition, the site plan shall provide adequate
on-site space to park Fire Department apparatus.
PDF 4.11-2: Sunset Ridge Park shall be integrated into the central irrigation controller
system for purposes of water management and conservation.
Level of Significance After Mitigation
Consistent with the findings of the SRP Final EIR, the proposed project would have no new
impacts with respect to public services and utilities.
Finding of Consistency with the SRP Final EIR
The proposed minor modifications to the project would not create a new significant impact or a
substantial increase in the severity of previously identified effects. Pursuant to Section 15162 of
the State CEQA Guidelines, the City of Newport Beach has determined, on the basis of
substantial evidence in the light of the whole record, that the project does not propose
substantial changes to the project, no substantial changes would occur that would require major
revisions to the SRP Final EIR, and no new information of substantial importance or applicable
to the project has been revealed since the certification of the SRP Final EIR.
SECTION 4 - CONCLUSIONS
The above evaluation supports the conclusion that preparation of a supplemental or subsequent
negative declaration or environmental impact report is not required prior to approving minor
modifications to the parking lot and access road within the footprint of the previously approved
park project on City -owned land. There is no substantial evidence that the very minor changes
in the project or changes in the conditions surrounding the project's implementation would result
in significant new effects or an increase in the severity of previously identified significant effects.
Nor has new information of substantial importance, which was not known and could not have
been known with the exercise of reasonable diligence at the time the previous EIR was certified,
come to light showing that project's implementation would result in significant new effects or an
increase in the severity of previously identified significant effects. Indeed, the minor
modifications proposed to the project today would result in further environmental protection, as
compared to the previously approved project.
As required by Public Resources Code Section 21081.6 and CEQA Guidelines Section 15097,
mitigation measures have previously been adopted to avoid or substantially lessen the
significant adverse impacts of the Sunset Ridge Park Project. Those mitigation measures and
conditions of approval which were previously imposed, and which remain relevant to the revised
Sunset Ridge Park Project, will continue to be implemented.
SECTION 5 - REFERENCES
Draft Environmental Impact Report, Sunset Ridge Park Project (Sch. No. 2009051036), dated
October 2009.
Final Environmental Impact Report, Sunset Ridge Park Project (Sch. No. 2009051036), dated
March 2010.
Mitigation Monitoring and Reporting Program, Sunset Ridge Park Project (Sch. No.
2009051036), dated March 2010.
Draft Environmental Impact Report, Newport Banning Ranch Project (Sch. No. 2009031061),
dated September 9, 2011.
Final Environmental Impact Report, Newport Banning Ranch Project (Sch. No. 2009031061),
dated March 16, 2012.
California Coastal Commission, Staff Report: Revised Findings, Sunset Ridge Park Project
(Application No. 5-11-302), dated May 31, 2013.
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing resolution, being Resolution
No. 2016-54 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 26th day of April, 2016, and that the same
was so passed and adopted by the following vote, to wit:
AYES: Council Member Peotter, Council Member Duffield, Council Member Selich,
Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon,
Mayor Dixon
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 27th day of April, 2016.
lbt�w-
Leilani I. Brown, MMC
City Clerk
Newport Beach, California
(Seal)