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HomeMy WebLinkAbout2004-10-18_EQAC_AgendaCITY OF NEWPORT BEACH ENVIRONMENTAL QUALITY AFFAIRS COMMITTEE AGENDA DATE /TIME: Monday, October 18, 2004 7:00 p.m. LOCATION: Police Department Auditorium 870 Santa Barbara Drive Roll Call 1. Minutes of August 16, 2004 (draft minutes attached) 2. Introduction of new member 3. Discussion of CEQA process and Committee review of DEIRs (attachments) 4. Report from Membership Subcommittee 5. Report from EQAC Representative to GPUC 6. Report from EQAC Members on GPAC 7. Economic Development Committee (EDC) Representative's Report 8. Report on LCP Process 9. Council Member Reports 10. Report from staff on current projects 11. Pubic Comments 12. Future Agenda Items 13.Adjournment NEXT MEETING DATE: November 15, 2004 LOCATION: Police Department Auditorium "Attachments can be found on the City's website http: / /www.city.newport- beach.ca,us. once there, click on City Council, then scroll to and click on Agendas and Minutes then scroll to and click on Environmental Quality Affairs. If attachment is not on the web page, it is also available in the City of Newport Beach Planning Department, 3300 Newport Boulevard, Building C, 2nd Floor. CITY OF NEWPORT BEACH ENVIRONMENTAL QUALITY AFFAIRS COMMITTEE Minutes 08 -16 -04 DRAFT Minutes of the Environmental Quality Affairs Citizens Advisory Committed held at the City of Newport Beach Police Department Auditorium, 870 Santa Barbara Drive, on August 16, 2004. Members Present Cris Trapp, Vice Chairperson Richard Nichols, Council Member Steven Bromberg, Council Member Kristine Adams Barry Allen Brent Cooper Laura Dietz Kenneth Drellishak Thomas Eastmond Staff Present Sharon Wood, Assistant City Manager Guests Present Scott Barnard - Project Manager John Benner - Church Member Shelly Hyndman - Architect Erik Katzmaier - Landscape Architect Kelly Nolan - Civil Engineer Members not present Robert Hawkins — Excused Gus Chabre Sandra Haskell Ray Halowski Carol Hoffman Tom Hyans Walter Lazicki Phillip Lugar Dolores Otting Christopher Welsh Jennifer Winn Richard Rivett Merritt Van Sant Cris Trapp called the meeting to order at 7:02 p.m. No quorum present. Meeting began with Item 2: St. Mark Presbyterian Church Draft Environmental Report (DEIR). Presentation made by the following: Shelly Herman, Architect Scott Barnard, Project Manager Rick Katzmeyer, Landscape Architect Kelly Nolan, Civil Engineer Quorum present. 1 0 3. El 5. Minutes of July 19, 2004 Motion: Carol Hoffman to approve minutes with recommended changes: ■ Christopher Welsh excused Seconded: Ray Halowski. Motion passes unanimously. Report from Subcommittee on St. Mark Presbyterian Church Draft Environmental Report (DEIR) Motion: Carol Hoffman to accept report with changes: Seconded: Dolores Otting. Motion passes. 16 Ayes, 1 Nay. Members departed at 9:25 p.m.: Kristine Adams, Council Member Bromberg, Thomas Eastmond, Tom Hyans, Christopher Welsh, and Jennifer Winn. Report from Subcommittee on Pelican Hill Resort DEIR Due to lateness of the hour, Committee reached a consensus to delete "a" from summary of concerns and recommended that Staff and City Council focus on "b — e ". Subcommittee appointed to review Newport Lexus DEIR: Dolores Otting Phillip Lugar Matthew Wylie Brent Cooper DRAFT Christopher Welsh Kristine Adams Report from Membership Subcommittee Dolores Otting reported on the meeting of August 13, 2004. Meeting was adjourned at 9:40 p.m. EQAC DRAFT Minutes of 08 -16 -04 Page 2 CEQA: Summary The California Environmental Quality Act . The basic goal of the California Environmental Quality Act (CEQA) (Pub. Res,_Code.. §21000_,et seq.) is to develop and maintain a high - quality environment now and in the future, while the specific goals of CEQA are for California's public agencies to: 1) identify the significant enviromnental effects of their actions; and, either 2) avoid those significant enviromnental effects, where feasible; or 3) mitigate those significant environmental effects, where feasible. . CEQA applies to "projects" proposed to be undertaken or requiring approval by State and local govermuent agencies. "Proiects" are activities which have the potential to have a physical impact on the enviromment and may include the enactment of zoning ordinances, the issuance of conditional use permits and the approval of tentative subdidvision maps. . Where a project requires approvals from more than one public agency, CEQA requires ones of these public agencies to serve as the "lead agency." A "lead agency" must complete the environmental review process required by CEQA. The most basic steps of the environmental review process are: 1) Determine if the activity is a "project" subject to CEQA; 2) Determine if the "project" is exempt from CEQA; 3) Perform an Initial Study to identify the environmental impacts of the project and determine whether the identified impacts are "significant ". Based on its findings of "significance ", the lead agency prepares one of the following environmental review documents: a) Negative Declaration if it finds no "significant" impacts; b) Mitigated Negative Declaration if it finds "significant" impacts but revises the project to avoid or mitigate those significant impacts; c) Environmental Impact Report (EIR) if it finds "significant" impacts. While there is no ironclad definition of "significance ", the State CEQA Guidelines provides criteria to lead agencies in determining whether a project may have significant effects in Article 5. The purpose of an EIR is to provide State and local agencies and the general public with detailed information on the potentially significant environmental effects which a proposed project is likely to have and to list ways which the Page 1 of 2 http: / /ceres.ca.gov/ topic /env_law /cega/summary.html 10/13/2004 CEQA: Summary significant environmental effects may be minimized and indicate alternatives to the project. Both the CEQA Statu...te and CEQA Guidelines are available on -line. Print copies are available to the public in all county libraries, as well as some colleges and university libraries, in the government publications section. J CERES I CEQA Home I UWA Statute I Environmental Law I Wetlands I LUPIN IThisfile last modified on: Wednesday, February 7, 2001. fL�t Document URLr hitp://ceres.ca.gov/topic % nv_Imv/cega,suninrary.html `�" `'' Copyright © 1998 -2003 California Resources Agency. All rights reserved. Page 2 of 2 http: / /ceres.ca.gov/ topic /env_law /cega /summcuy.html 10/13/2004 CEQA Process Flow Chart Ar 11 UEQA The California Environmental Quality Act Page 1 of 2 Credits Disclaimer StatesA•ganclon T _ CE -QA Process Flow Chart WuNrlte Aftm!gy d"mtnns. wi!a!har grBla Nntica al Ilia 943110Y lc s IRM)Ni WaalalWlalNailYdtatr tWlluUlllYllttue , Nets pmraa Faalnot Udtgitnlrr411an uthh 6f#cn PT PYAImI.In naMnhitartnl Vuhtic A9nnetr No pavMble slgniticant effect datormfnoe If tho pntjeGl Ifl a %anfµl: at:ani catolblry RID0 .�lagCrPl:.itt dkGdtrfldicn Not:nxarnPt U PttaslR9Yaz algir.flt:nrH artfdat _ Patortntnagk#t 4f fattd nQ6tacy wttaro Nottga nrarotttaft"apubliooffoncytn MY h!valtad RESPONF;18.E11 MtEKOY LEAD AOCNOY _ tr,9 axyoueY PrnparnA Irrttln:l utwcy Itcapa uwelnr ulsr�nm� s arose eraAe infomal rmal CVMS'4l4ttiElgrl. Mnsullftdo,! - Load flganci, declaialkta prapara .. W1M1k rpY Nnflative ttecfaratlan EIR Lead aganoYaalyd® Hausa of, Respar d to Notice, of pmraralim"to ewttanfa of droll HEIR flautslon-making body considers final EIR ar t$agaflve t}ealaraU011 prepared by €sad aganc-y IFIndnnga an feaeibgity of mCucing oramtotding o!grnf7cmM anutronmerdal eltects It:olslan on panai4 StatesA•ganclon „tats ASfanciim Ikaacd Aftoaac.lut! grBla Nntica al PIW Natfas: a4 rpaNatlGa ot�. r1aLMnttna!Ivit Udtgitnlrr411an uthh 6f#cn PT vJ�4t*nuntY Wlanntng & ,Ctrak jii`A1M4GIt Load agency prepares draft EIR mnYarinrlrr�r liillrp•l Load agony 01os W;oam of Ptdaaltr ROAdW ihlfigd •opame flnal FAndings an teaalbilfFy at reducing w avoWng etgniftcant environomarrtat Afeuls !tr .Ulan oil pro toot r+�� StatesA•ganclon Local AgGivioo grBla Nntica al '... Kilo N4rtica ni Uetal!nlrmtlaq! gvrtarntfnntfrn xnn,ofnaeaf M1rittrcaunty •. Planning 8 Mork fiaeesrCti NO MINI' W1011.. roqulrttd undor MA NegptIve Doelaratlon Puftga #tnim prariad 4omideratfan.and approval of Negallwo Doctaratfan by doctsim-mafrrng bady http: / /ceres.ca.gov /topic/ env _law /cega/llowcharUilidex.html 10/13/2004 CERES Theme: Environmental Law 1 The California Environmental Quality Act Frequently Asked Questions About CEQA y?hat is_CLOA? When and. why__was_it_enacted? Whom with CEQA? If_it applies, what are the basic requirem nts of ernvi onnienCal review. under CEQA? Whal ate the CE(�¢�_Guidelnes7 How are the Guidelines crafted? 11111 W low often are tine Guidelines .._ : , ho enfor QAv Wllat relic does the Resources Age...n..cy have }_enforcem:ent of C.E. ? What aspects of L1JQA com12liance is the Secretary far Resources responsible? What is CEQA? CEQA, or the California Environmental Quality Act, is a statute that requires state and local agencies to identify the significant environmental impacts of their actions and to avoid or mitigate those impacts, if feasible. When and.-Why was it enacted? The impetus for CEQA can be traced to the passage of the first federal enviromnental protection statute in 1969, the National Environmental Policy Act (NEPA). In response to this federal law, the California State Assembly created the Assembly Select Committee on Environmental Quality to study the possibility of supplementing NEPA through state law. This legislative committee, in 1970, issued a report entitled The Environmental Bill of Rights, which called for a California counterpart to NEPA. Later that same year, acting on the recommendations of the select committee, the legislature passed, and Governor Reagan signed, the CEQA statute. Who.m_ust comply _with CEQA? CEQA applies to certain activities of state and local public agencies. A public agency must comply with CEQA when it undertakes an activity defined by CEQA as a "project." A project is an activity undertaken by a public agency or a private activity which must receive some discretionary approval (meaning that the agency has the authority to deny the requested permit or approval) from a government agency which may cause either a direct physical change in the environment or a reasonably foreseeable indirect change in the environment. Most proposals for physical development in California are subject to the provisions of CEQA, as are many governmental decisions which do not immediately result in Page 1 of 3 http:Hceres.ca.gov /topic /env_law /cega /more /faq.htini 10/13/2004 CERES Theme: Environmental Law physical development (such as adoption of a general or community plan). Every development project which requires a discretionary governmental approval will require at least some environmental review pursuant to CEQA, unless an exemption applies. If it_applies,_ what are the._basic requirements of environmental review under CEQA? The environmental review required imposes both procedural and substantive requirements. At a minimum, an initial review of the project and its environmental effects must be conducted. Depending on the potential effects, a further, and more substantial, review may be conducted in the form of an environmental impact report (EIR). A project may not be approved as submitted if feasible alternatives or mitigation measures are able to substantially lessen the significant environmental effects of the project. What_are the CEQA Guidelines.? The Guidelines are the regulations that explain and interpret the law for both the public agencies required to administer CEQA and for the public generally. They are found in the California Code of Regulations, in Chapter 3 of Title 14. The Guidelines provide objectives, criteria and procedures for the orderly evaluation of projects and the preparation of envirommental impact reports, negative declarations, and mitigated negative declarations by public agencies. The fundamental purpose of the Guidelines is to make the CEQA process comprehensible to those who administer it, to those subject to it, and to those for whose benefit it exists. To that end, the Guidelines are more than mere regulations which implement CEQA as they incorporate and interpret both the statutory mandates of CEQA and the principles advanced by judicial decisions. How are the Guidelines crafted? The Governor's Office of Planning and Research prepares and develops proposed amendments to the Guidelines and transmits them to the Secretary for Resources. The Secretary for Resources is responsible for certification and adoption of the Guidelines and amendments thereto. Prior to final certification and adoption, and pursuant to the procedures in the Administrative Procedure Act, the Secretary for Resources makes the proposed language available to members of the public, provides for at least a 45 day written comment period, and provides public .hearings in which to receive oral testimony on the proposals. All public comments, whether received in writing or orally at a public hearing, are considered by the Secretary in determining whether to adopt the proposed amendments prepared by the Office of Plarming and Research. Once edited and enriched by the practical experience and wisdom of individual public comments, amendments are adopted and sent to the Office of Administrative Law (OAL) for review and final approval. Guidelines approved by OAL are deposited with the Secretary of State and go into immediate effect. How often are the Guidelines amended? Revision of the CEQA Guidelines is an on -going process. By statute, the Secretary Page 2 of 3 http: / /ceres.ca.gov/ topic /onv_law /cega/niore /faq.htnil 10/13/2004 CERES Theme: Envirommental Law of Resources is required to review and consider amendments to the Guidelines every two years. Annual changes to CEQA and evolving case law make revision to the Guidelines necessary on a continual basis. By the time one revision is completed, another one begins. Because the subject is so large and complex, a definitive, one- time revision is not possible. The actual process of amending the Guidelines is governed by the Administrative Procedure Act and is the same as that described above in "How are the Guidelines crafted ?" Who enforces CEQA? What role does_the Resources Agency have in enforcement -()f CE_ A? CEQA is a self - executing statute. Public agencies are entrusted with compliance with CEQA and its provisions are enforced, as necessary, by the public through litigation and the threat thereof. While the Resources Agency is charged with the adoption of CEQA Guidelines, and may often assist public agencies in the interpretation of CEQA, it is each public agency's duty to determine what is and is not subject to CEQA. As such, the Resources Agency does not review the facts and exercise of discretion by public agencies in individual situations. In sum, the Agency does not enforce CEQA, nor does it review for compliance with CEQA the many state and local agency actions which are subject to CEQA. What aspects of CEQA comphallce is the Secretary for Resources responsible? In addition to adopting the CEQA Guidelines and amendments thereto, the Secretary for Resources possesses the following responsibilities: 1) Makes findings that a class of projects given categorical exemptions will not have a significant effect on the environment; 2) Certifies state environmental regulatory programs which meet specified standards as being exempt from certain provisions of CEQA; 3) Receives and files notices of completion, determination, and exemption; and 4) Provides assistance in interpreting the provisions of CEQA and the CEQA Guidelines, CERES I CRQA Home I Environmental La -w. I LOP1A' I Wetlands This.fle last modified on: Thursday, November 12, 1998. ir- .' Document URL: http: / /Ceres.ca.govl topic lenv_lawlcegalinore /faq.html Copyright ©1998 -2003 California Resources Agency. All rights reserved Page 3 of 3 http: / /cere-,.ca,goy /topic /env_law /cega /more /faq.html 10/13/2004 NEWPORT BEACH OFFICE OF THE MAYOR Mayor Tod W. Ridgeway Mayor Pro Tem August 25, 2004 Garold B. Adams Council Members Steven Bromberg John i-feffernan Mr. Chuck Shoemaker Richard A. Nichols County of Orange, Planning and Development Services Steven Rosansky 300 North Flower Street, Third Floor Don Webb Santa Ana, CA 92702 -4048 Draft SEIR for the Pelican Hill Resort Dear Mr. Shoemaker: The City of Newport Beach appreciates the opportunities we have been given to participate in review of the proposed Pelican Hill Resort. Although, pursuant to agreements concerning the annexation of Newport Coast, the County of Orange retains land use regulatory authority, the Pelican Hill Resort will be an important addition to Newport Beach, and the City wants to ensure that the project will be well done and well received by the community. Newport Beach has an Environmental Quality Affairs Committee (EQAC), to which the City Council has given the charge of reviewing EIRs on projects in Newport Beach. EQAC reviewed the Draft SEIR for the Pelican Hill Resort and offered comments forthe Council's consideration. The comments in this letter are based on EQAC's work and review by City staff, and identify areas of the document that the City Council believes warrant further review as the Final SEIR is prepared. Excavation and Grading Section 2.2.2 of the DSEIR states that, "The project will require approximately 979,000 cubic yards of excavation and 1,540,000 cubic yards of remedial grading." However, Table 2.2 -5 entitled "Pelican Hill Preliminary Earthwork Quantities" shows that excavation will move over 1,750,000 cubic yards of material and include remedial excavation of 1,400,000 cubic yards. The City suggests that the preparer of the DSEIR confirm and clarify the excavation and grading quantities, and verifythe traffic, air quality and noise impacts that may be generated by the correct quantities. City Hall a 3300 Newport Boulevard • Post Office Box 1768 Newport Beach, California 92658 -8915 • www.city.newport- beach.ca.us (949) 644 -3004 Letter to Chuck Shoemaker August 25, 2004 Page 2 Also with regard to excavation and grading, the DSEIR does not provide the locations for either export or import of soil. These locations could affect impacts in the areas noted above, in particular traffic on City streets. The City requests that haul routes b e reviewed a nd a pproved b y o ur P ublic Works Department before construction begins. Aesthetics Additional discussion of the aesthetic impacts of the golf cart bridge would be helpful. Figure 3.1 -5d shows the Project from Pelican Hill Road at the entrance to the Pelican Hill Driving Range. The visual quality rating system indicates that contrasts are weak. However, in this view, the bridge cuts across the viewshed with what appears to be a blank wall. Biological Resources The DSEIR states that biological resources were documented in previously certified EIRs for the Newport Coast Planned Community. It also indicates that a verification of resources on the proposed project site was conducted by LSA Associates, Inc. in January of 2004 to document the current conditions, which information is summarized in the DSEIR. We were unable to find a reference to the LSA report; it should be included in the Final SEIR Noise The DSEIR states that construction noise and interior noise levels will comply with the more restrictive City noise ordinance restrictions on construction. However, Mitigation Measures MM -2 and MM -3 state thatthe applicant shall provide the County with evidence that construction and its attendant noise will comply with the County's ordinance. These mitigation measures should be changed to require compliance with the City's noise ordinance. Transportation /Circulation In earlier comments on the Coastal Development Permit, the City expressed some concern that the golf cart bridge could hinder the visibility of the signal indications for vehicles traveling south on Pelican Hill Road South toward the signalized intersection at Newport Coast Drive. In addition, it could obstruct visibility of vehicles stacking in the left -turn pocket from vehicles approaching the intersections on Pelican Hill Drive South. We did not see this traffic safety issue addressed in the DSEIR, and encourage you to consider it. Thank you for the opportunity to comment on the DSEIR. I hope the City's comments help to strengthen the document. We look forward to continuing Letter to Chuck Shoemaker August 25, 2004 Page 3 to work with the County and the applicant as this project proceeds through the permitting process and construction. Sincerely, r Tod W. Ridge a Mayor �Ewrok Ok �� F U Q L'�LIFOR�1P Environmental Quality Affairs Committee Member Roster CITY COUNCIL MEMBERS Steven Bromberg 1506 Park Avenue Balboa Island, CA 92662 (949) 673 -6407 Res. (949) 640 -2001 Bus. dandee(cDearthI ink. net CHAIRMAN Robert Hawkins Richard A. Nichols 519 Iris Avenue Corona del Mar, CA 92525 (949) 540 -1758 Res. (949) 640 -7316 Fax nbcounciloranichols. info 1930 Irvine Avenue 110 Newport Center Drive, Suite 200 Newport Beach, CA 92660 (949) 650 -5550 Bus. (949) 640 -6536 (714) 390 -1790 Mobile (949) 650 -1181 Fax rhawkinsCa.earthlink. net CITY STAFF MEMBER Sharon Wood Assistant City Manager (949) 644 -3222 Bus. (949) 644 -3020 Fax swood p_city. newport- beach. ca. us CITY COUNCIL APPOINTMENTS District 1 Tod Ridgeway Mayor VACANT District 2 Matthew Wiley Steven Rosansky Travers Realty' ONCOR International Council Member 840 Newport Center Drive Suite 770 Newport Beach, CA 92660 mattwilev(a)traversrealty. corn District 3 Don Webb Council Member Christopher Welsh 2130 Santiago Drive Newport Beach, CA 92660 (949) 631 -5678 Bus. (949) 574 -8081 chrisachriswelsh.com 3E W POR a4 T� ti U Q o��troBN�� Environmental Quality Affairs Committee Member Roster CITY COUNCIL APPOINTMENTS (CONT.) District 4 Gary Adams Mayor Pro Tern District 5 Steven Bromberg Council Member District 6 Richard A. Nichols Council Member District 7 John Heffernan Council Member AT LARGE MEMBERS District 1 Tod Ridgeway Mayor District 2 Steven Rosansky Council Member District 3 Don Webb Council Member VACANT Brent Cooper 2195 Vista Entrada Newport Beach, CA 92660 (949) 640 -6581 Res. (949) 885 -3926 Bus. coopernb(uDearthlink.net Laura Dietz 325 Cameo Shores Corona del Mar, CA 92625 (714) 606 -8384 Cell (949) 721 -8035 Bus. (949) 721 -1357 Fax Colomal848na.yahoo.com Dolores Offing 17 Hillsborough Newport Beach, CA 92660 (949) 759 -3086 Res. amoderosa @aol.com Kenneth Drellishak 2145 E. Ocean Boulevard Newport Beach, CA 92661 (949)723 -9095 Res. (949) 280 -4194 Cell kdrellishak amsn.com Merritt Van Sant 15 Baruna Ct. Newport Beach, CA 92663 949 -645 -0743 Res. Mpetvanl anaol.com VACANT o� T� v, 9 ti � m cgLIRORN�P Environmental Quality Affairs Committee Member Roster AT LARGE MEMBERS (CONT.) District 4 Phillip Lugar Gary Adams 511 Cancha Mayor Pro Tern Newport Beach, CA 92660 (949) 477 -1565 Bus. (949) 640 -0225 Res. Phillip.lugar(Mearthlink.net District 5 Walter Lazicki Steven Bromberg 2037 Miramar Drive Council Member Newport Beach, CA 92661 (949) 723 -0543 District 6 Sandra Haskell Richard A. Nichols 225 Evening Canyon Road Council Member Corona del Mar, CA 92625 (949) 644 -6871 Res. rickhaskell(@adelphia.net District 7 Thomas Eastmond John Heffernan 2438 Visa Hogar Council Member Newport Beach, CA 92660 (949) 293 -1702 Cell (949) 718 -3928 Res. tieastmondCc)msn.com COMMUNITY ASSOCIATIONS Barry Allen 1201 White Sails Way Corona del Mar, CA 92625 (949) 644 -9264 Res. (714) 558 -6991 Bus. (714) 558 -0638 Fax barrylaCcilmail.com Kristine Adams #1 Swift Court Newport Beach, CA 92663 949 - 566 -8399 Bus, 949 - 642 -6222 Res. �Ewrob v. v U aA .al c44poa Environmental Quality Affairs Committee Member Roster COMMUNITY ASSOCIATIONS (CONT.) Tom Hyans 219 19" Street Newport Beach, CA 92663 (949) 673 -0333 Res. (949) 673 -3777 Bus. (949) 673 -0377 Fax tomhvansO- adelphia.net Gus Chabre 1130 E. Balboa Boulevard Balboa, CA 92661 949 - 675 -6433 Res. gchabre(a adelphia.net ENVIRONMENTAL EXPERTISE Cris Trapp Vice Chairperson 309 -1/2 Jasmine Avenue Corona del Mar, CA 92625 (949) 673 -7385 ctrappgpacbelI.net Jennifer Winn 515 Gorgonia Newport Beach, CA 92660 (949) 721 -8928 Res. (949) 724 -6352 Bus. (949) 721 -0450 Fax jenniferwinnarto_hotmail.com Ray Halowski 320 Evening Canyon Road Corona del Mar, CA 92625 (949) 644 -7443 Res. (949) 849 -1964 Cell soswaterrays(a)yahoo. com EDC REPRESENTATIVE Carol Hoffman 230 Newport Center Drive, Suite 210 Newport Beach, CA 92660 (949) 717 -7939 Bus. (949) 422 -2303 Cell (949) 717 -7942 Fax carol ( govsol.com