Newport Beach City Council
April 9, 2024

General Policy
The General Land Use policy of the Airport Land Use Commission for Orange County shall be:

Within the boundaries of the AELUP, any land use may be found to be inconsistent with the AELUP which:
■ Places people so that they are affected adversely by aircraft noise; ■ Concentrates people in areas susceptible to aircraft accidents; ■ Permits structures of excessive height in areas which would affect adversely the continued operation of the airport; or
■ Permits activities or facilities that would affect adversely aeronautical operations.

In addition, although not listed here, the AELUP also contains Specific Policies, which further clarify the General Policy.

Newport Beach Municipal Code
Chapter 2.20 (Emergency Services)
This chapter provides for the preparation and implementation of plans to provide services within the City in the event of an emergency, to empower certain City officials to promulgate orders and regulations necessary to provide for the protection of life and property or to preserve public order and safety, and to provide for the coordination of the emergency service functions of the City with all other public agencies and affected private persons, corporations, and organizations.

Chapter 9.04 (Fire Code)
The City of Newport Beach has adopted the 2001 California Fire Code with City amendments and some exceptions. Chapter 9.04 of the City's Municipal Code, also known as the Fire Code, establishes a variety City of Newport Beach General Plan Update EIR 4.6-15

of regulations related to hazards such as: recommendations for development on land containing or emitting toxic substances, hazardous materials documentation procedures, hazardous materials management plan, storage tank regulations, etc. In addition, the NBFD enforces locally developed regulations which reduce the amount and continuity of fuel (vegetation) available, firewood storage, debris clearing, proximity of vegetation to structures and other measures aimed at "Hazard Reduction." Additional provisions include construction standards for new structures and remodels, road widths and configurations designed to accommodate the passage of fire trucks and engines, and requirements for minimum fire flow rates for water mains.

Chapter 15.55 (Methane Overlay Zone)
This chapter establishes a methane gas mitigation district that requires property owners to test for and mitigate the presence of methane gas prior to significant new construction. The methane gas mitigation district may be applied to those areas of the City where studies have shown there is a distinct possibility of high concentrations of methane gas in soil close to ground surface.

4.6.4 Thresholds of Significance
The following thresholds of significance are based on Appendix G of the 2005 CEQA Guidelines. For purposes of this EIR, implementation of the proposed project may have a significant adverse impact to the public or the environment through hazards and hazardous materials if it would result in any of the following:
■ Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials
■ Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment ■ Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school ■ Be located on a site which is included on a list of hazardous materials site compiled pursuant to Government Code Section 65962.5 and, as a result, would create a significant hazard to the public or the environment
■ For a project located within an airport land use plan or, where such a plan has not been developed, within two miles of a public airport or public use airport, result in a safety hazard for people residing or working in the project area
■ For a project within the vicinity of a private airstrip, result in a safety hazard for people residing or working in the project area
■ Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan
■ Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands

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4.6.5 Project Impacts, Mitigation Measures, and Proposed Policies
Effects Found Not to Be Significant
Threshold For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? As discussed in the Initial Study, there are no existing private airstrips within the City. As a result, no safety hazard associated with location near a private airstrip would occur for the proposed General Plan Update. Consequently, implementation of the proposed project would have no impact, and no further analysis of this issue is required in this EIR.
■ Project Impacts
Threshold Would the project create a significant hazard to the public or the environment through the routine transport, use, storage, or disposal of hazardous materials? Impact 4.6-1 Implementation of the proposed General Plan Update could result in an increase in commercial development that could increase the overall routine transport, use, storage, and disposal of hazardous materials within the City.

Given the mixed -use character of Newport Beach, residential and commercial uses reside relatively close to one another or often co -exist. Implementation of the proposed General Plan Update could result in an overall increase (approximately 1.8 million so in citywide commercial uses. Other increases that could occur under the proposed General Plan Update include increases for office, single- and multiple -family residential, visitor -serving, and institutional uses. However, in contrast, the proposed General Plan Update also calls for a reduction in City-wide industrial uses over the next 20 years. Specifically, existing industrial uses are anticipated to decrease from existing uses of approximately 1,569,229 sf to approximately 1,163,460 sf at build -out (a reduction of approximately 405,769 so.

Although the overall industrial uses would decrease within the City, at least one subarea (West Newport Mesa Area) may actually observe an increase of these uses, as the proposed General Plan Update would allow an increase of industrial use square footage in this area over what currently exists. Similarly, commercial uses could decrease within West Newport Mesa (a small area with small parcels), and Balboa Village, but could increase within the remaining subareas and in other commercial areas throughout the Planning Area. The introduction of new city-wide commercial and industrial uses may result in the use of hazardous materials and/or the generation of hazardous materials.

While there is a possibility that the new commercial and industrial uses that are proposed within the above -mentioned areas could transport, use, store, or dispose of hazardous materials, specific development projects are not associated with the proposed General Plan Update, and it is impossible to quantify the potential future amount of hazardous materials. However, with additional development, an City of Newport Beach General Plan Update EIR 4.6-17

increase in the potential for hazards associated with hazardous materials and waste would likely occur in throughout the City. The following analysis provides generalized information on the potential for hazards through the routine transport, use, storage, or disposal of hazardous materials associated with the future commercial and industrial uses in these subareas.

Exposure of persons to hazardous materials could occur in the following manners: improper handling or use of hazardous materials or hazardous wastes during construction or operation of future developments, particularly by untrained personnel; transportation accident; environmentally unsound disposal methods; or fire, explosion or other emergencies. The types and amounts of hazardous materials would vary according to the nature of the activity. In some cases, it is the type of hazardous material that is potentially hazardous; in others, it is the amount of hazardous material that could present a hazard.

Whether a person exposed to a hazardous substance would suffer adverse health effects depends upon a complex interaction of factors that determine the effects of exposure to hazardous materials: the exposure pathway (the route by which a hazardous material enters the body); the amount of material to which the person is exposed; the physical form (e.g., liquid, vapor) and characteristics (e.g., toxicity) of the material; the frequency and duration of exposure; and the individual's unique biological characteristics such as age, gender, weight, and general health. Adverse health effects from exposure to hazardous materials may be short-term (acute) or long-term (chronic). Acute effects can include damage to organs or systems in the body and possibly death. Chronic effects, which may result from long-term exposure to a hazardous material, can also include organ or systemic damage, but chronic effects of particular concern include birth defects, genetic damage, and cancer. Implementation of existing hazardous materials regulations were established at the State level to ensure compliance with Federal regulations to reduce the risk to human health and the environment from the routine use of hazardous substances.

Although the overall quantity of hazardous materials and waste generated in the City could increase as a result of implementation of the proposed General Plan Update, all new developments that handle or use hazardous materials would be required to comply with the regulations, standards, and guidelines established by the EPA, State, Orange County, and City of Newport Beach related to storage, use, and disposal of hazardous materials.

Both the Federal and State governments require all businesses that handle more than a specified amount of hazardous materials to submit a business plan to a regulating agency. Specifically, any new business that meets the specified criteria must submit a full hazardous materials disclosure report that includes an inventory of the hazardous materials generated, used, stored, handled, or emitted; and emergency response plans and procedures to be used in the event of a significant or threatened significant release of a hazardous material. The plan needs to identify the procedures to follow for immediate notification to all appropriate agencies and personnel in the event of a release, identification of local emergency medical assistance appropriate for potential accident scenarios, contact information for all company emergency coordinators of the business, a listing and location of emergency equipment at the business, an evacuation plan, and a training program for business personnel. The NBFD conducts yearly inspections of all these businesses to confirm that their business plan is in order and up to date.

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In addition, the Safety Element of the proposed General Plan Update has identified a variety of policies to reduce the potential exposure of people and the environment to hazardous materials. For example, Policy S 7.3 would educate residents and businesses about how to reduce or eliminate their use of hazardous materials, including using safer non -toxic equivalents. Policy S 7.6 requires that all users, producers, and transporters of hazardous materials and wastes clearly identify the materials that they store, use, or transport, and to notify the appropriate City, County, State and Federal agencies in the event of a violation. Oversight by the appropriate Federal, State, and local agencies and compliance by new development with applicable regulations related to the handling and storage of hazardous materials would minimize the risk of the public's potential exposure to these substances. Therefore, this impact would be less than significant.

Threshold Would the project create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?
Impact 4.6-2 Construction activities associated with implementation of the proposed General Plan Update could result in the release of hazardous materials to the environment through reasonably foreseeable upset and accident conditions.

As implementation of the proposed General Plan Update would primarily result in urban infill and redevelopment along with the intensification of development within the City, existing structures may need to be demolished prior to the construction of new buildings. Demolition of existing structures in the City could result in exposure of construction personnel and the public to hazardous substances such as asbestos or lead -based paints. In addition, the disturbance of soils and the demolition of existing structures could result in the exposure of construction workers or employees to health or safety risks if contaminated structures and/or soils are encountered during construction or maintenance activities.

Exposure to contaminated structures or soil could occur from any of the following:
■ Possible asbestos -containing materials and lead -based paints associated with the existing on -site structures, pipes, and/or debris
■ Unknown contaminants that have not previously been identified Exposure to hazardous materials during construction activities could occur through any of the following:
■ Direct dermal contact with hazardous materials
■ Incidental ingestion of hazardous materials (usually due to improper hygiene, when workers fail to wash their hands before eating, drinking, or smoking)
■ Inhalation of airborne dust released from dried hazardous materials While specific development projects are not associated with approval of the proposed General Plan Update, it is assumed that older buildings could be demolished as uses are redeveloped according to the land use plan. With that activity, construction workers and nearby residents and/or workers could potentially be exposed to airborne lead -based paint dust, asbestos fibers, and/or other contaminants. In addition, there is the possibility that future development may also uncover previously undiscovered soil contamination as well as result in the release of potential contaminants that may be present in building materials (e.g., mold, lead, etc.). This could result in a significant impact. However, compliance with City of Newport Beach General Plan Update EIR 4.6-19

existing regulations and proposed General Plan Update policies would reduce impacts to less than significant.

Lead and Asbestos
Federal and State regulations govern the renovation and demolition of structures where materials containing lead and asbestos are present. These requirements include: SCAQMD Rules and Regulations pertaining to asbestos abatement (including Rule 1403), Construction Safety Orders 1529 (pertaining to asbestos) and 1532.1 (pertaining to lead) from Title 8 of the California Code of Regulations, Part 61, Subpart M of the Code of Federal Regulations (pertaining to asbestos), and lead exposure guidelines provided by the U.S. Department of Housing and Urban Development (HUD). Asbestos and lead abatement must be performed and monitored by contractors with appropriate certifications from the State Department of Health Services. In addition, Cal/OSHA has regulations concerning the use of hazardous materials, including requirements for safety training, availability of safety equipment, hazardous materials exposure warnings, and emergency action and fire prevention plan preparation.

Cal/OSHA enforces the hazard communication program regulations, which include provisions for identifying and labeling hazardous materials, describing the hazards of chemicals, and documenting employee -training programs. All demolition that could result in the release of lead and/or asbestos must be conducted according to Cal/OSHA standards. Adherence to existing regulations, which require appropriate testing and abatement actions for hazardous materials, would ensure that impacts are less than significant.

Soil and Groundwater Contamination
Unknown Contaminated Sites
Aside from the potential release of hazardous materials from demolition of existing structures within the City, grading and excavation of sites for future development in the City resulting from implementation of the proposed General Plan Update may also expose construction workers and the public to potentially unknown hazardous substances present in the soil or groundwater. If any unidentified sources of contamination are encountered during grading or excavation, the removal activities required could pose health and safety risks such as the exposure of workers, materials handling personnel, and the public to hazardous materials or vapors. Such contamination could cause various short-term or long-term adverse health effects in persons exposed to the hazardous substances. In addition, exposure to contaminants could occur if the contaminants migrated from the contaminated zone to surrounding areas either before or after the surrounding areas were developed, or if contaminated zones were disturbed by future development at the contaminated location. If exposed to hazardous substances, this would result in a significant hazard to the public.

In order to address the potential for encountering unidentified contamination within the City, Policy S

7.4 of the proposed General Plan Update Safety Element would minimize the potential risk of contamination to surface water and groundwater resources by implementing remediation efforts to any resources adversely impacted by urban activities. As such, the potential impacts associated with unknown contamination would be reduced to a less -than -significant level.

4.6-20 City of Newport Beach General Plan Update EIR

Existing Contaminated Sites
Another potential hazard to construction workers and the public could involve construction activities on existing land uses that may potentially be contaminated. Existing sites that may potentially contain hazardous land uses in the City include oil fields, landfills, and large and small -quantity generators of hazardous waste. As discussed previously, there are also two identified sites within the City that are listed in the CERCLIS database. There are eight large -quantity and approximately 87 small -quantity generators of hazardous materials in the City. There are two active sites that are known to release toxic chemicals into the air — the EPA monitors these facilities closely to reduce the potential of future emissions at concentrations above the acceptable limits. The two other significant hazardous materials sites are located at or near the City's boundaries. Existing hazardous sites associated with oil and gas districts within the City are discussed below in Impact 4.6-4. These sites represent potential health hazards, and have experienced contamination from the release of hazardous substances into the soil. However, any new development occurring on these documented hazardous materials sites would have to be preceded by remediation and cleanup under the supervision of the State Department of Toxic Substance Control (DTSC) before construction activities could begin.

Additionally, it is also possible that old underground storage tanks (USTs) that were in use prior to permitting and record keeping requirements may be present in the City. If an unidentified UST were uncovered or disturbed during construction activities, it would be closed in place or removed. Removal activities could pose both health and safety risks, such as the exposure of workers, tank handling personnel, and the public to tank contents or vapors. Potential risks, if any, posed by USTs would be minimized by managing the tank according to existing Orange County standards as enforced and monitored by the Department of Environmental Health. The extent to which groundwater may be affected, if at all, depends on the type of contaminant, the amount released, and depth to groundwater at the time of the release. If groundwater contamination is identified, remediation activities would be required by the Santa Ana Regional Water Quality Control Board (SARWQCB) prior to the commencement of any new construction activities.

Policy S 7.1 in the Safety Element of the proposed General Plan Update would require proponents of projects in known areas of contamination from oil operations or other uses to perform comprehensive soil and groundwater contamination assessments in accordance with American Society for Testing and Materials standards, and if contamination exceeds regulatory action levels, require the proponent to undertake remediation procedures prior to grading and development under the supervision of the County Environmental Health Division, County Department of Toxic Substances Control, or Regional Water Quality Control Board (depending upon the nature of any identified contamination). Therefore, with implementation of existing State and local regulations as well as General Plan Policy S 7.1, impacts associated with known contamination at sites within the City would be less than significant.

Summary
Compliance with existing regulations and proposed General Plan Update policies would ensure that construction workers and the general public would not be exposed to any unusual or excessive risks related to hazardous materials during construction activities. As such, impacts associated with the City of Newport Beach General Plan Update EIR 4.6-21

exposure of construction workers and the public to hazardous materials during construction activities would be less than significant.

Threshold Would the project create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?
Impact 4.6-3 Operation of future land uses that could be developed under the proposed project could create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment.

The precise potential future increase in the amount of hazardous materials transported within the Newport Beach area as a result of implementation of the proposed General Plan Update cannot be predicted because specific development projects are not specified in the General Plan Update. The following discussion focuses on the potential nature and magnitude of risks associated with the accidental release of hazardous materials often used during operations of typical retail -commercial development projects.

Off -Site Transportation of Hazardous Materials
The United States Department of Transportation (USDOT) Office of Hazardous Materials Safety prescribes strict regulations for the safe transportation of hazardous materials, as described in Title 49 of the Code of Federal Regulations, and implemented by Title 13 of the CCR.

The transportation of hazardous materials can result in accidental spills, leaks, toxic releases, fire, or explosion. It is possible that licensed vendors could bring some hazardous materials to and from new retail -commercial sites in the Newport Beach area as a result of the projects constructed pursuant to the proposed General Plan Update. However, appropriate documentation for all hazardous waste that is transported in connection with specific project -site activities would be provided as required for compliance with existing hazardous materials regulations codified in Titles 8, 22, and 26 of the California Code of Regulations, and their enabling legislation set forth in Chapter 6.95 of the California Health and Safety Code. In addition, specific project -site developers shall comply with all applicable Federal, State, and local laws and regulations pertaining to the transport, use, disposal, handling, and storage of hazardous waste, including but not limited to, Title 49 of the Code of Federal Regulations.

Compliance with all applicable Federal and State laws related to the transportation of hazardous materials, would reduce the likelihood and severity of accidents during transit, thereby ensuring that a less -than -significant impact would occur. No mitigation is required.

Hazardous Materials Storage
Hazardous materials are required to be stored in designated areas designed to prevent accidental release to the environment. California Building Code (CBC) requirements prescribe safe accommodations for materials that present a moderate explosion hazard, high fire or physical hazard, or health hazards.

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Compliance with all applicable Federal and State laws related to the storage of hazardous materials would be implemented to maximize containment (through safe handling and storage practices described above) and to provide for prompt and effective clean-up if an accidental release occurs, thereby ensuring that a less -than -significant impact would occur. No mitigation is required.

Hazardous Materials Use
Hazardous materials use would present a slightly greater risk of accident than hazardous materials storage. However, for those employees who would work with hazardous materials, the amount of hazardous materials that are handled at any one time are generally relatively small, reducing the potential consequences of an accident during handling. Further, specific project -site activities would be required to comply with Federal and State laws to eliminate or reduce the consequence of hazardous materials accidents. For example, employees who would work around hazardous materials would be required to wear appropriate protective equipment, and safety equipment is routinely available in all areas where hazardous materials are used.

The Orange County Fire Authority Hazardous Materials Section personnel responds to hazardous materials incidents. Major hazardous materials accidents associated with retail -commercial uses are extremely infrequent, and additional emergency response capabilities are not anticipated to be necessary to respond to the potential incremental increase in the number of incidents that could result from implementation of the proposed project. Further, adherence to applicable regulations as discussed above would be required to reduce any potential consequences of a hazardous materials operational accident.

Thus, impacts related to the use of hazardous materials would be less than significant.

Summary
Compliance with Titles 8, 22, 26, and 49 of the California Code of Regulations, and their enabling legislation set forth in Chapter 6.95 of the California Health and Safety Code, would ensure that this impact is less than significant by requiring compliance with applicable laws and regulations that would reduce the risk of hazardous materials use, transportation, and handling through the implementation of established safety practices, procedures, and reporting requirements. No mitigation is required.

Threshold Would the project create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?
Impact 4.6-4 Implementation of the proposed General Plan Update could result in a safety hazard as a result of existing oil wells or methane gas areas within the City.

Oil and gas seeps are common occurrences in many parts of California. Presently, there are two oil fields located in the Planning Area: Newport Oil Field, located in the western portion of the Planning Area, and West Newport Oil Field, located to the west of Newport Oil Field in the City's SOI. The City also recognizes five identified methane gas mitigation districts where gas can be encountered at the surface, or in the shallow subsurface. Man-made structures, such as pavement or building foundations can prevent City of Newport Beach General Plan Update EIR 4.6-23

gas from venting to the atmosphere. Methane can accumulate in the upper reaches of poorly ventilated building components, such as basements, crawl -spaces, and attics, sometimes with catastrophic results.

Given the potential for combustible gases to accumulate in or under buildings or structures in these areas, the City of Newport Beach has established guidelines to reduce the hazard posed by these gases.

The objective of these guidelines is to prevent gases from accumulating to potentially hazardous concentrations.

Although the West Newport Oil Field is not located within or next to a methane gas mitigation district, if and when this field is developed for residential uses or other purposes, methane gas associated with the oil wells and any oil -stained soils may be encountered. The Orange County Fire Authority (OCFA) has guidelines regarding mitigation of gas leakage from abandoned wells, and mitigation procedures for buildings located near abandoned wells. The California Division of Oil, Gas and Geothermal Resources (DOGGR), as well as the OCFA, does not approve of placing buildings directly on top of an abandoned well.

All methane reports, work plans, mitigation plans, and monitoring plans are subject to the review and approval of the City of Newport Beach. An independent third party review could be required at the discretion of the City. Policy S 7.2 of the proposed General Plan Update also would ensure that any development within identified methane gas districts be designed for consistency with the requirements of the Newport Beach Municipal Code.

Under the proposed General Plan Update, future growth and development could occur in the City's methane gas districts. Thus, the potential for possible leakage to occur in the existing active oil wells exists, in which case soils adjacent to these oil wells could become contaminated. However, soil contamination resulting from existing active oil wells could also spread from the contaminated zone to surrounding areas either before or after the surrounding areas are developed. As such, workers may be exposed to contaminated soil during construction operations for new development. Additionally, there is the potential for existing active oil wells to experience blowouts, where an uncontrolled discharge of gas, liquid, solids, or a mixture thereof occurs from a well into the atmosphere.

Although the potential exists for new development within the City to be subject to health and/or safety hazards associated with existing oil wells and methane gas, any future development associated in the identified areas of the City would be subject to the provisions of Chapter 9.04.170 of the City's Fire Code, which regulates the development on or near land containing or emitting toxic, combustible or flammable liquids, gases, or vapors. In addition, Policy S 7.2 of the proposed General Plan Update would ensure that any development within identified methane gas districts be designed consistent with the Newport Beach Municipal Code.

Therefore, adherence to Policy S 7.2 of the proposed General Plan Update and provisions of the City's Municipal Code would ensure that potential health and/or safety hazards associated with oil wells and methane gas in the City would be minimized. Thus, this impact would be less than significant.

4.6-24 City of Newport Beach General Plan Update EIR

Threshold Would the project emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school?
Impact 4.6-5 Implementation of the proposed General Plan Update could emit hazardous emissions or handle acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school.

Under the proposed General Plan Update, the increase of residential and mixed -use land uses, as well as the potential increase in commercial uses, could increase the quantity of sensitive receptors (including schools) in areas adjacent to industrial and commercial land uses, thereby potentially increasing the risk of exposure to hazardous materials, waste, or emissions. Consequently, hazardous materials sites may be located within '/a -mile from school sites. However, overall city-wide industrial land uses would decrease in the City.

Since the proposed General Plan Update does not include any specific development projects, the quantity of hazardous materials used by the existing and proposed commercial and industrial developments within the City is currently unknown. Accidental release or combustion of hazardous materials at new commercial and/or industrial developments in the City could endanger residents or students in the surrounding community.

As discussed in the TBR prepared for the General Plan Update, the City of Newport Beach has approximately nineteen schools. Two schools are located within approximately one mile of an existing hazardous materials site in the northwest portion of the City. One existing TRI site (Hixson Metal Finishing) is of greatest concern, since emissions into the air have the potential to impact a large geographical area. If any of the chemicals used at this facility is toxic when released into the atmosphere, evacuation of the surrounding area may be required. The TRI for the Hixson Metal Finishing facility reports the use of tetrachloroethylene (PERC). This is a manufactured chemical that is widely used in the dry-cleaning industry, for metal degreasing, and in the manufacturing of other chemicals and consumer products. In a poorly ventilated area, release of this chemical onto the air can pose a health hazard, but when released into a ventilated area, such as the surrounding neighborhood, the chemical is broken down by sunlight, or brought back to the soil and water by rain, greatly reducing its health hazard.

A greater concern was posed by the chlorine gas used at Big Canyon Reservoir, especially given that there are three schools located very close to the reservoir. However, the potential impact to the surrounding community was greatly reduced in 2004 when the reservoir was covered, and liquid chlorine, instead of chlorine gas, is now used as the water disinfectant. Liquid chlorine is also used at San Joaquin Reservoir, utilized by the Irvine Ranch Water District as a reclaimed water storage facility. There are two schools located near this facility.

Although hazardous materials and waste generated from future development may pose a health risk to nearby schools, all businesses that handle or have on -site transportation of hazardous materials would be required to comply with the provisions of the City's Fire Code and any additional elements as required in the California Health and Safety Code Article 1 Chapter 6.95 for Business Emergency Plan. As described in Impact 4.6-1 above, both the Federal and State governments require all businesses that handle more City of Newport Beach General Plan Update EIR 4.6-25

than a specified amount of hazardous materials to submit a business plan to a regulating agency. The City's Safety Element of the proposed General Plan Update includes Policy S 7.5, which requires that strict land use controls, performance standards, and structure design standards, including development setbacks from sensitive uses such as schools, hospitals, day care facilities, elder care facilities, residential uses, and other sensitive uses, be developed and implemented for uses which generate or use hazardous materials.

As such, compliance with the provisions of the City's Fire Code and implementation of Policy S 7.5 in the Safety Element of the proposed General Plan Update would minimize the risks associated with the exposure of sensitive receptors to hazardous materials. This impact would be less than significant.

Threshold Would the project be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would create a significant hazard to the public or the environment? Impact 4.6-6 The proposed General Plan Update includes sites which are included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and as a result, could create a significant hazard to the public or the environment.

As discussed under Existing Conditions and Impact 4.6-2 above, the City contains sites that have been identified as being contaminated from the release of hazardous substances in the soil, including oil fields, landfills, sites containing leaking underground storage tanks, and large and small -quantity generators of hazardous waste. Implementation of the proposed General Plan Update could lead to development of these sites that could create a significant hazard to the public or environment. However, as further discussed under Impact 4.6.2, development of these sites would be required to undergo remediation and cleanup under DTSC and the SARWQCB before construction activities can begin. If contamination at any specific project are were to exceed regulatory action levels, the proponent would be required to undertake remediation procedures prior to grading and development under the supervision of the County Environmental Health Division, County Department of Toxic Substances Control, or Regional Water Quality Control Board (depending upon the nature of any identified contamination). Furthermore, implementation of proposed Policy S 7.1, which requires proponents of projects in known areas of contamination from oil operations or other uses to perform comprehensive soil and groundwater contamination assessments in accordance with American Society for Testing and Materials standards, would reduce potential impacts to a less -than -significant level.

4.6-26 City of Newport Beach General Plan Update EIR

Threshold For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area?
Impact 4.6-7 Implementation of the proposed General Plan Update could result in a safety hazard for people residing or working in the Planning Area as a result of the proximity of a public airport.

Newport Beach borders the southeastern portion of John Wayne Airport QWA). In addition, the City lies beneath the arrival traffic pattern of Long Beach Airport. Between the two airports, JWA generates nearly all aviation traffic directly above the City of Newport Beach because the descent pattern for Long Beach air traffic generally takes place over the ocean rather than over the City.

According to the City's Emergency Management Plan, the highest probability of an air crash incident would occur between two light aircraft or helicopters in a mid -air crash. The probability of this type of an air crash is higher along the coast because of training flights, sight seeing, and banner towing taking place over the beach area. Such an incident would result in moderate ground damage. A worst case scenario would be a mid -air collision, at night, between two commercial airliners over a densely populated area of the City. Although accidents with one or more fatalities involving commercial aircraft are rare events, the potential growth and development that could occur through implementation of the proposed General Plan Update could place people at risk for an aviation hazard.

Three areas found to be of increased vulnerability to aviation hazards in the City are Balboa Peninsula, Balboa Island, and Upper Newport Bay. Balboa Island's access and egress is limited to a small bridge.

Many of the two-story buildings, including shops, small restaurants, and residences, are wood -frame structures, and very close to one another. In the event of a fire caused by an aviation accident, it could spread quickly. The only fire station located on Balboa Island, No. 4, might either be impacted by the incident or suffer a response time hampered by traffic congestion, residents evacuating the area, debris, and narrow streets. With implementation of the proposed General Plan Update, increased growth in the City may further impact the ability of fire facilities to maintain response times in the event of an aviation disaster. The same problem of limited access may hinder reinforcements by other fire and rescue services.

An aviation accident in Upper Newport Bay could create a significant ecological and economic hazard to the environment. The City of Newport Beach contains more than 9,000 registered boats which could be dramatically affected by an aviation accident on the Bay, considerably impacting the recreational value of the City. An aviation accident could also significantly pollute the waterways, which would indirectly impact the health and safety of people in the City.

In the event of an aviation hazard, pilots are instructed to follow Newport Bay away from residential or developed area. Any potential impact will be significantly reduced by fast, coordinated, and skilled response operations of all available emergency services. In the event of an aviation hazard, Mutual Aid would most likely be required for law enforcement, coroner, fire suppression, and medical operations. In addition, JWA is protected by an on -site airport fire service as required by the Federal Aviation City of Newport Beach General Plan Update EIR 4.6-27

Administration (FAA) regulations. This service is provided by Orange County Fire Station No. 33, which is staffed 24 hours a day, seven days a week, with a minimum of seven firefighters at any given time.

Implementation of the proposed General Plan Update would result in maintenance and limited expansion of the currently developed mix of uses within the Airport Area, in the vicinity of JWA, including office, airport -supporting retail and industrial, hotel, and public uses (as defined by the existing General Plan). Additionally, implementation of the proposed General Plan Update provides the opportunity for the development of new residential neighborhoods. The operation of JWA could represent a potential hazard to future employees and residents within this area.

However, all land uses surrounding JWA would be required to comply and be compatible with the land use standards established in the City's Municipal Code and the Airport Land Use Commission's (ALUC) JWA "Airport Environs Land Use Plan" (AELUP). According to the City's Municipal Code (Title 20, Section 20.44.025), projects within the project area pertinent to the AELUP shall be referred to ALUC until such time as the City becomes a "Conforming Local Agency" as defined by ALUC. The northern inland portions of the City extending south just past Fashion Island, are included within the AELUP's height restriction zone for JWA.

The City's Emergency Management Plan also establishes safety procedures with respect to aviation hazards to promote the safety of persons on the ground while reducing the risks of serious harm to aircraft crews and passengers that may need to make emergency landings in the immediate airport vicinity. The AELUP vicinity height guidelines would protect public safety, health, and welfare by ensuring that aircraft could fly safely in the airspace around the airport.

In addition to existing regulations, the proposed General Plan Update identifies a goal to protect residents, property, and the environment from aviation -related hazards, and lists policies S 8.1 though S

8.4 to ensure preparation and minimize risk in the case of an aviation accident. For example, Policies S

8.1 and S 8.2 would require aircraft rescue firefighting training programs as well as awareness training for emergency personnel on a regular basis. Policy S 8.3 would implement policies outlined in the Orange County Fire Services Operational Area Mutual Aid Plan and the California Fire Service and Rescue Emergency Mutual Aid Plan.

In addition, the California Airport Land Use Planning Handbook would also be utilized in the preparation of environmental documents for all new development projects located within the AELUP boundaries. The Handbook establishes statewide requirements for the conduct of airport land use compatibility planning, and provides compatibility planning guidance to ALUCs, their staffs and consultants, the counties and cities having jurisdiction over airport area land uses, and airport proprietors. LU Policy 6.15.24 requires that all development be constructed within the height limits and residential be located outside of areas exposed to the 65 dBA CNEL noise contour specified by the AELUP, unless the City Council makes appropriate findings for an override in accordance with applicable law. As such, the possibility exists for residential development to occur within the 65 dBA CNEL noise contour. Thus, if residential development is constructed within the 65 dBA CNEL noise contour, the potential increase for safety hazards associated with the airport would be significant.

4.6-28 City of Newport Beach General Plan Update EIR

However, where new development occurs outside of the 65 dBA CNEL noise contour, compliance with existing regulations, the proposed General Plan Update policies, and utilization of the California Airport Land Use Planning Handbook for new development within JWA land use boundaries would minimize impacts associated with operation of the JWA on surrounding land uses. Impacts on new uses outside of the 65 dBA CNEL noise contour would, therefore, be less than significant.

Threshold Would the project impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Impact 4.6-8 Implementation of the proposed General Plan Update could result in interference with an adopted emergency response plan or emergency evacuation plan.

With additional growth in the City's population that could result from implementation of the proposed General Plan Update, traffic conditions could become more congested. In the event of an accident or natural disaster, the increase in traffic in the City may impede the rate of evacuation for the residents.

Concurrently, the response times for emergency medical or containment services could also be adversely affected by the increased traffic conditions in the City.

The NBFD Emergency Services Office published the City of Newport Beach Emergency Management Plan in 2004. The Emergency Management Plan provides guidance for the City of Newport Beach's response to extraordinary emergency situations associated with natural disasters, technological incidents, and nuclear defense operations in both war and peacetime. The plan concentrates on management concepts and response procedures relative to large-scale disasters. Such disasters pose major threats to life, the environment and property, and can impact the well being of a large number of people. The Basic Plan is updated every three years. In addition, the Newport Beach City Manager, with assistance from the NBFD, is responsible for ensuring necessary changes and revisions to this plan are prepared, coordinated, published, and distributed.

In addition, the proposed General Plan Update Safety Element also contains Policies S 9.1, S 9.2, and S

9.3 to ensure that the City's Emergency Management Plan is regularly updated, provides for efficient and orderly citywide evacuation, and also ensures that emergency services personnel are familiar with the relevant response plans applicable to the City. Further, Policy S 9.5 of the Safety Plan calls for the distribution of information about emergency planning to community groups, schools, religious institutions, business associations, and residents. Implementation of these policies would reduce impacts associated with emergency response and evacuation in the City to a less -than -significant level.

City of Newport Beach General Plan Update EIR 4.6-29

Threshold Would the project expose people or structures to a significant risk of loss, injury, or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Impact 4.6-9 Implementation of the proposed General Plan Update could result in development in urbanized areas adjacent to or intermixed with wildlands.

Implementation of the General Plan could lead to an increase in residential or commercial development in areas that are susceptible to wildland fires. In those susceptible areas, particularly in the eastern portions of the City, as well as surrounding areas to the north, east, and southeast, land development is governed by special State and local codes, and property owners are required to follow maintenance guidelines aimed at reducing the amount and continuity of the fuel (vegetation) available. The City also maintains hazard reduction standards which regulate landscaping, firewood storage, debris clearing from rooftops, and other fire hazard reduction techniques.

In addition, Policies S 6.1 through S 6.9 of the City's proposed Safety Element of the General Plan Update are directly related to reducing the threat of fire hazards within the City. For example, Policy S

6.2 would implement hazard reduction, fuel modification, and other methods to reduce wildfire hazards, while Policy S 6.4 entails the use of fire -resistive, native plant species in fuel modification zones abutting sensitive habitats. Policy S 6.8 would continue to regularly update building and fire codes to provide for fire safety and design, and Policy S 6.9 encourages owners of non-sprinklered properties, especially high - and mid -rise structures, to retrofit their buildings and include internal fire sprinklers. With the implementation of the existing hazard reduction standards as well as the fire hazard policies of the Safety Element, this impact would be less than significant.
■ Cumulative Impacts
Impacts associated with hazardous materials are often site -specific and localized. However, for purposes of this cumulative analysis, the geographic context for cumulative hazards impacts would be the Planning Area (encompassing the City and SOI).

Since the proposed General Plan Update takes into account all projected future growth and development within the Planning Area, the impacts that are discussed in this section pertaining to hazardous materials also analyze all cumulative impacts within the Planning Area. As such, compliance with all applicable Federal, State, and local regulations related to hazardous materials on a project -by -project basis would ensure that the routine transport, use, or disposal of hazardous materials would not result in adverse impacts. All demolition activities in the Planning Area that would involve asbestos or lead based paint would also occur in compliance with SCAQMD Rule 1403 and OSHA Construction Safety Orders, which would ensure that hazardous materials impacts would be less than significant. Additionally, site - specific investigations would be conducted at sites where contaminated soils or groundwater could occur to minimize the exposure of workers and the public to hazardous substances. With adherence to applicable Federal, State, and local regulations governing hazardous materials and compliance with the proposed General Plan Update policies indicated below, the potential risks associated with hazardous

4.6-30 City of Newport Beach General Plan Update EIR

wastes in the Planning Area would be less than significant. As such, cumulative impacts would be less than significant.
■ Proposed General Plan Update Policies
Airport Compatibility
Goal LU 6.15 A mixed -use community that provides jobs, residential, and supporting services in close proximity, with pedestrian -oriented amenities that facilitates walking and enhance livability.

LU 6.15.24 Airport Compatibility
Require that all development be constructed within the height limits and residential be located outside of areas exposed to the 65 dBA CNEL noise contour specified by the Airport Environs Land Use Plan (AELUP), unless the City Council makes appropriate findings for an override in accordance with applicable law.

Safety Element
The Safety Element of the proposed General Plan Update includes policies that would address issues related to Hazards and Hazardous Materials. The policies that are applicable to the project are included below.

Fire Hazards
Goal S 6 Protection of human life and property from the risks of wildfires and urban fires.

Policy S 6.1 Review Adequacy of Infrastructure
Review the adequacy of the water storage capacity and distribution network, in the event of a natural disaster, on a regular basis.

Policy S 6.2 Development in Interface Areas
Apply hazard reduction, fuel modification, and other methods to reduce wildfire hazards to existing and new development in urban wildland interface areas.

Policy S 6.3 New Development Design
Site and design new development to avoid the need to extend fuel modification zones into sensitive habitats.

City of Newport Beach General Plan Update EIR 4.6-31

Policy S 6.4 Use of City -Approved Plant List
Use fire -resistive, native plant species from the City -approved plant list in fuel modification zones abutting sensitive habitats.

Policy S 6.5 Invasive Ornamental Plant Species
Prohibit invasive ornamental plant species in fuel modification zones abutting sensitive habitats.

Policy S 6.6 Database Maintenance of Interface Areas
Continue to maintain a database of parcels in urban wildland interface areas.

Policy S 6.7 Properties within Interface Areas
Continue regular inspections of parcels in the urban wildland interface areas and direct property owners to bring their property into compliance with fire inspection standards.

Policy S 6.8 Update Building and Fire Codes
Continue to regularly update building and fire codes to provide for fire safety design.

Policy S 6.9 Retrofitting of Nonsprinklered Buildings
Encourage owners of nonsprinklered properties, especially high- and mid -rise structures, to retrofit their buildings and include internal fire sprinklers.

Hazardous Materials
Goal S 7 Exposure of people and the environment to hazardous materials associated with methane gas extraction, oil operations, leaking underground storage tanks, and hazardous waste generators is minimized.

Policy S 7.1 Known Areas of Contamination
Require proponents of projects in known areas of contamination from oil operations or other uses to perform comprehensive soil and groundwater contamination assessments in accordance with American Society for Testing and Materials standards, and if contamination exceeds regulatory action levels, require the proponent to undertake remediation procedures prior to grading and development under the supervision of the County Environmental Health Division, County Department of Toxic Substances Control, or Regional Water Quality Control Board (depending upon the nature of any identified contamination) .

4.6-32 City of Newport Beach General Plan Update EIR

Policy S 7.2 Development Design within Methane Gas Districts Ensure that any development within identified methane gas districts be designed consistent with the requirements of the Newport Beach Municipal Code.

Policy S 7.3 Education
Educate residents and businesses about how to reduce or eliminate the use of hazardous materials, including using safer non -toxic equivalents.

Policy S 7.4 Implementation of Remediation Efforts
Minimize the potential risk of contamination to surface water and groundwater resources and implement remediation efforts to any resources adversely impacted by urban activities.

Policy S 7.5 Siting of Sensitive Uses
Develop and implement strict land use controls, performance standards, and structure design standards including development setbacks from sensitive uses such as schools, hospitals, day care facilities, elder care facilities, residential uses, and other sensitive uses that generate or use hazardous materials.

Policy S 7.6 Regulation of Companies Involved with Hazardous Materials Require all users, producers, and transporters of hazardous materials and wastes to clearly identify the materials that they store, use, or transport, and to notify the appropriate City, County, State and Federal agencies in the event of a violation.

Aviation Hazards
Goal S 8 Residents, property, and the environment are protected from aviation -related hazards.

Policy S 8.1 Firefighter Training Program
Provide a formalized Aircraft Rescue Fire Fighting training program (including airport and aircraft familiarization, fuel fire extinguishment, hazards associated with airplanes and aircraft cargo, safety procedure, aviation communications, evacuation, and rescue operations) for all firefighters and Chief Fire Officers in Newport Beach.

Policy S 8.2 Emergency Personnel Awareness Training
Provide Aircraft Rescue Fire Fighting awareness training for all Newport Beach emergency personnel on a regular basis.

City of Newport Beach General Plan Update EIR 4.6-33

Policy S 8.3
Policy S 8.4
Disaster Planning
Implementation of Interagency Policies
Implement policies outlined in the Orange County Fire Services Operational Area Mutual Aid Plan, and the California Fire Service and Rescue Emergency Mutual Aid Plan.

Mutual Aid Agreements
Develop clear mutual aid agreements and Memoranda of Understanding with the airport fire service, county emergency and law enforcement agencies, United States Coast Guard, private ferry providers, and other potential resources.

Goal S 9 Effective emergency response to natural or human -induced disasters that minimizes the loss of life and damage to property, while also reducing disruptions in the delivery of vital public and private services during and following a disaster.

Policy S 9.1 Review and Update Emergency Plans
Review and update, as necessary, the City's Emergency Management Plan on an annual basis.

Policy S 9.2 Emergency Management System Training
Conduct annual training sessions using adopted emergency management systems. Coordinate with other urban area jurisdictions to execute a variety of exercises to test operational and emergency plans.

Policy S 9.3 Participation in Mutual Aid Systems
Maintain participation in local, regional, state and national mutual aid systems to ensure appropriate resources are available for response and recovery during and following a disaster.

Policy S 9.4 Familiarity with National and State Response Plans Ensure that all Newport Beach personnel are familiar with the National Incident Management System, the National Response Plan, the State of California Master Mutual Aid Agreement, the Orange County Operational Area Mutual Aid Plan, and any other relevant response plans consistent with their position in the City's Emergency Management Plan.

Policy S 9.5 Emergency and Disaster Education Programs
Sponsor and support education programs pertaining to emergency/disaster preparedness and response protocols and procedures. Distribute information about emergency preparedness to community groups, schools, religious institutions, transient occupancy establishments, and business associations.

4.6-34 City of Newport Beach General Plan Update EIR

Policy S 9.6 Hazard Mitigation Plan
Develop and maintain a hazard mitigation plan that advocates the use of programs and projects that, when implemented, will reduce the impacts on the community from a natural or human -induced disaster.

Policy S 9.7 Existing Development within 100-year Flood Zones Implement flood warning systems and evacuation plans for areas that are already developed within 100-year flood zones.

Policy S 9.8 Emergency Use of Coastal Facilities
Establish procedures and public/private cooperation and communication for the emergency use of coastal facilities and equipment in advance of flood, storm, pollution, dredging, vessel sinking, and other events, supplementing other safety and rescue bases and equipment.
■ Impacts and Mitigation Measures
No mitigation measures are necessary, as the proposed General Plan Update policies fully mitigate the impacts. However, if residential development occurs within the 65 dBA CNEL noise contour in the Airport Area, no mitigation measures would be feasible to reduce impacts.

Level of Significance After Policies/Mitigation Measures The majority of impacts associated with hazards and hazardous materials within the Planning Area would be less than significant upon implementation of the identified proposed General Plan Update policies.

However, if residential development occurs within the 65 dBA CNEL noise contour in the Airport Area, this would present a significant and unavoidable impact.

4.6.6 References
Earth Consultants International. 2003. Ha.Zards Assessment Study, City of Nemport Beach, California.

EIP Associates. 2004. General Plan Update Technical Background Deport.

Newport Beach, City of. 2004. Emergency Management Plan, 2004. http://www.city.newport- beach. ca.us /EmergManagementPlan/BasicPlanl .pdf
City of Newport Beach General Plan Update EIR 4.6-35

4.7 HYDROLOGY AND WATER QUALITY

4.7.1 Introduction
This section evaluates the impacts of the proposed General Plan Update associated with hydrology and water quality within the City of Newport Beach. Existing data sources used to prepare this section were taken from California Department of Water Resources (DWR), California's Groundwater —Bulletin 118, 2004, City of Corona, Technical Background Report 2003, Irvine Ranch Water District (IRWD), Annual Water Quality Report, 2005, City of Newport Beach, Draft Local Coastal Program, Coastal Land Use Plan 2005, City of Newport Beach, Draft Local Coastal Program, Hazards Assessment Study, July 2003, City of Newport Beach, Draft Local Coastal Program, Storm Drain Master Plan, July 2000, City of Newport Beach, Draft Local Coastal Program, Technical Background Report, June 2004, Orange County Health Care Agency Environmental Health (HCA), 2002 Annual Ocean and Bay Water Quality Report, June 2003, Orange County Water District (OCWD), Groundwater Replenishment System:
http://www.gwrsystem.com . Accessed February 28, 2006, OCWD, Groundwater Management Plan.

March, 2004, Orange County Watershed & Coastal Resources Division (OCWCRD), Newport Bay Watershed, http://www.ocwatersheds.com/watersheds/ne"ortbay_intro.asp , accessed December 16, 2005, Orange County Watershed & Coastal Resources Division (OCWCRD), Newport Coast Watershed, http://www.ocwatersheds.com/watersheds/newportcoast.asp , accessed December 16, 2005, Orange County Watershed & Coastal Resources Division (OCWCRD), Regional Board Boundaries, http://www.ocwatersheds.com/watersheds/intro_regional_jurisdictions.asp , accessed December 22, 2005, Orange County Watershed & Coastal Resources Division (OCWCRD), San Diego Creek Watershed, http://www.ocwatersheds.com/watersheds/sandiegocreek.asp , accessed December 16, 2005, Orange County Watershed & Coastal Resources Division (OCWCRD), Talbert Watershed, http://www.ocwatersheds.com/watersheds/talbert.asp , accessed December 16, 2005, and Fong Tse, City of Newport Beach Public Works Department, Personal communication, January 14, 2005.

During the Initial Study process, it was determined that the proposed project could have potentially significant impacts related to nine of the ten CEQA criteria for determining significance. It was also determined during the Initial Study process that impacts related to violation of water quality standards or waste discharge requirements would be less than significant. However, all CEQA criteria were analyzed in this Draft EIR. Full bibliographic entries for all reference materials are provided in Section 4.7.6 (References) of this section.

One comment letter associated with hydrology and water quality was received in response to the IS/NOP circulated for the General Plan Update. The Environmental Quality Affairs Citizens Advisory Committee for the City of Newport Beach requested that the DEIR include an analysis of all potential impacts on water quality within the Planning Area. Section 4.7.5 (Project Impacts, Mitigation Measures, and Proposed Policies) provides such an analysis.

City of Newport Beach General Plan Update EIR 4.7-1

4.7.2 Existing Conditions
f Watersheds
The Planning Area is located within the boundaries of four watersheds, each of which contain an interconnected system of surface water resources that feed into the underlying groundwater or drain into the ocean. The main tributaries and groundwater resources located within the Planning Area are discussed in detail below.

The watersheds within the Planning Area are the Newport Bay, Newport Coast, Talbert, and San Diego Creek Watersheds. Both the Newport Bay and Newport Coast Watersheds cover most of the Planning Area, with the remaining smaller portions covered by the Talbert and San Diego Creek Watersheds. The watersheds are further described below:
■ The Newport Bay Watershed covers 13.2 square miles along the coast of central Orange County.38 This watershed encompasses most of the western portion of the Planning Area in addition to the eastern portion of Costa Mesa. The East Costa Mesa, Santa Isabel, and other smaller channels of this watershed drain into Newport Bay.
■ The Newport Coast Watershed covers 11.2 square miles, chiefly the Newport Coast area in the City north of Laguna Beach.39 Buck Gully, Los Trancos, and Muddy Creek, which are the main tributaries of this watershed, drain the San Joaquin Hills. ■ The Talbert Watershed, which encompasses a small northwestern portion of the Planning Area in the vicinity of the Banning Ranch area, covers 21.4 square miles straddling the mouth of the Santa Ana River, and has two main tributaries that drain into it.40 On the western side, the Talbert and Huntington Beach Channels drain through the Talbert Marsh before emptying into the Pacific Ocean. On the eastern side, the Greenville -Banning Channel empties into the Santa Ana River.

The Santa Ana River currently outlets into the Pacific Ocean near West Newport. ■ The San Diego Creek Watershed, which encompasses the northern portion of the Planning Area, covers 112.2 square miles in central Orange County, with its main tributary, San Diego Creek, draining into Upper Newport Bay.41 Smaller tributaries of this watershed include Serrano Creek, Borrego Canyon Wash, Agua Chinon Wash, Bee Canyon Wash, Peters Canyon Wash, Sand Canyon Wash, Bonita Canyon Creek, and the Santa Ana Delhi Channel.

Climate in the Planning Area is Mediterranean, characterized by warm summers, cool winters, and markedly seasonal rainfall. Nearly all rain falls from late autumn to early spring; virtually no precipitation falls during the summer. The average annual rainfall in Newport Beach is approximately 12 inches. 38 Orange County Watershed & Coastal Resources Division (OCWCRD). 2005 Newport Bay Watershed, http://www.ocwatersheds.com/watersheds/newportbay_intro.asp , accessed December 16. 39 Orange County Watershed & Coastal Resources Division (OCWCRD). 2005 Newport Coast Watershed, http://www.ocwatersheds.com/watersheds/newportcoast.asp , accessed December 16. 40 Orange County Watershed & Coastal Resources Division (OCWCRD). 2005 Talbert Watershed, http://www.ocwatersheds.com/watersheds/talbert.asp , accessed December 16. 41 Orange County Watershed & Coastal Resources Division (OCWCRD). 2005 San Diego Creek Watershed, http://www.ocwatersheds.com/watersheds/sandiegocreek.asp , accessed December 16.

4.7-2 City of Newport Beach General Plan Update EIR

Potential evapotranspiration in the region exceeds precipitation on an annual basis, and, under natural conditions, the lower reaches of rivers that drain the watersheds are dry during the summer.

Surface Water Resources
The Planning Area can be divided into three geographic areas: (1) a low elevation area comprised of Banning Ranch, West Newport, Balboa Peninsula, and Newport Bay, (2) elevated marine terrace areas that include Newport Heights and Westcliff, and (3) high relief terrain of the San Joaquin Hills in the southeastern portion of the City. The low elevation and terrace areas are generally drained by urbanized and relatively low relief streams that empty into Newport Bay, and the rugged natural streams with steeper gradients drain the Newport Ridge and Newport Coast areas.

The City of Newport Beach has over 30 miles of bay and ocean waterfront. Over 63 percent of the City is in the coastal zone. As shown in Figure 4.7-1, surface water resources such as freshwater wetlands, estuaries, tideland and submerged lands, reservoirs, and waterways are located within the Planning Area.

Upper Newport Bay extends south of the Corona del Mar Freeway (SR 73) to the Pacific Ocean, virtually dividing the City into east and west sides. This bay area makes up many of the tidelands and submerged lands in the City, and connects with the estuary waters south of it, including Newport Dunes, Lido Channel, and Newport Channel. An additional estuary is also located in the northern portion of the Planning Area, east of Upper Newport Bay and south of SR 73. Small amounts of freshwater wetlands are scattered throughout the central portion of the City east of Upper Newport Bay and North Star Beach.

The Planning Area contains two above -ground reservoirs: Big Canyon and San Joaquin Reservoirs, which are generally located in the eastern portion of the City, as shown in Figure 4.7-1. Big Canyon Reservoir is located within a quarter mile north of San Joaquin Hills Road and San Joaquin Reservoir is located approximately 0.75 miles northeast of Big Canyon Reservoir. The main tributaries within the Planning Area are the Santa Ana River, San Diego Creek, and Big Canyon Wash, as shown in Figure 4.7-1 and described below.

Santa Ana River
Flowing over 100 miles from the San Bernardino Mountains to the Pacific Ocean, the Santa Ana River traverses portions of San Bernardino, Riverside, and Orange Counties. The River drains an area of over 2,700 square miles before flowing into the Pacific Ocean between Newport and Huntington Beaches (Corona 2003). The Santa Ana River transports more than 125 million gallons per day of reclaimed water from Riverside and San Bernardino Counties for recharge into the Orange County Groundwater Basin.

This satisfies approximately 40 percent of the County's water demand.az The Santa Ana River is the "receiving waters" of the urban, industrial, and agricultural runoff from the inland cities that it traverses such as Santa Ana and Costa Mesa. Receiving water is defined as a river, 41 Orange County Watershed & Coastal Resources Division (OCWCRD). Regional Board Boundaries, http://www.ocwatersheds.com/watersheds/intro_ regional_ iurisdictions.asp, accessed December 22.

City of Newport Beach General Plan Update EIR 4.7-3

lake, ocean, stream, or other body of water into which wastewater or treated effluent is discharged. The River also provides water for recreation and for aquatic and wildlife habitat in the inland cities.

Three components make up the flow of the water in the Santa Ana River, and the ratio of these components varies throughout the year The first component is "storm flows," directly resulting from rainfall, usually between the months of December and April. The rainfall and surface water runoff from the storms is captured and percolated into the groundwater basins. The "baseflow" makes up the second component of water supply, a large portion of which comes from the discharges of treated wastewater into the river, in addition to rising groundwater in the basin. This baseflow includes the nonpoint source discharges, as well as the uncontrolled and unregulated agricultural and urban runoff. The third component of the water supply is imported water, which is characterized by the Santa Ana Regional Water Quality Control Board (SARWQCB) as "nontributary flow." San Diego Creek
San Diego Creek is the main tributary to Newport Bay, has a drainage area of 118 miles, and drains all or portions of the cities of Irvine, Laguna Woods, Lake Forest, portions of Newport Beach, Orange, and Tustin.44 Its headwaters lie about a mile east of the I-5 and I-405 Freeway intersection, at an elevation of about 500 feet. The creek flows westerly from its headwaters and empties into Newport Bay in the vicinity of Jamboree Road, one mile west of the University of California at Irvine campus. Flooding on this creek has historically caused significant damage. Portions of San Diego Creek were channelized in 1968 for flood protection purposes. However, channelization of the creek also resulted in increased sediment flow into Upper Newport Bay, requiring extensive dredging projects to restore the ecosystem.

Big Canyon Wash
Big Canyon Wash drains from the Big Canyon Reservoir area in a northwesterly direction towards Upper Newport Bay. A wash is a dry riverbed, area, or channel that only contains water during the rainy season.

These riverbeds are completely dry throughout most of the year. Washes are formed when flooding occurs on a desert plain. The ground does not easily absorb water, generating a large amount of runoff that collects in the wash area. While providing rich habitat for a variety of wildlife species, rainstorms in remote locations can result in flash flooding of local washes.

Groundwater Resources
The Coastal Plain of the Orange County Groundwater Basin (Basin) underlies the northwestern portion of the Planning Area and provides groundwater for much of central and north Orange County, including the Newport Beach Planning Area.45 The boundaries of the Basin within the City of Newport Beach are shown in Figure 4.7-1. The Basin underlies a coastal alluvial plain in the northwestern portion of Orange County, and is bounded by consolidated rocks exposed on the north in the Puente and Chino Hills. On 43 Corona, City of. 2003. Technical Background Report.
44 Newport Beach, City of. 2003. Hazards Assessment Study, July. 45 California Department of Water Resources (DWR). 2004. California's Groundwater — Bulletin 118.

4.7-4 City of Newport Beach General Plan Update EIR

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the east are the Santa Ana Mountains, and on the south are the San Joaquin Hills. The Basin is bounded by the Pacific Ocean on the southwest and by a low topographic divide approximated by the Orange County -Los Angeles County line on the northwest. In addition, the Basin underlies the lower Santa Ana River watershed.

Shallow ground water levels (less than 50 feet from the ground surface) are known to occur along the coast, around Newport Bay, and along the major drainages in the Newport Beach area. Shallow ground water perched on bedrock may also be present seasonally in the canyons draining the San Joaquin Hills.

Seasonal fluctuations in groundwater levels, and the introduction of residential irrigation requires that site -specific investigations be completed to support these generalizations in areas mapped as potentially susceptible to liquefaction.

Sediments containing easily recoverable fresh water extend to about 2,000 feet in depth. Although water - bearing aquifers exist below that level, water quality and pumping lift currently make these materials economically unviable to pump. Upper, middle, and lower aquifer systems are recognized in the Basin.

Well yields range from 500 to 4,500 gallons per minute (gpm), but are generally 2,000 to 3,000 gpm. The total capacity of the Basin is approximately 38,000,000 acre-feet (AF).

Recharge to the Basin is derived from percolation of Santa Ana River flow, infiltration of precipitation, and injection into wells. The Santa Ana River flow contains natural flow, reclaimed water, and imported water that is spread in the Basin forebay, which is the upper region of the Basin. Infiltration primarily occurs in this area; the City of Newport Beach is in the pressure area of the Basin, which is an area that is not used for recharge.46 There are no designated recharge areas in the City. Historical groundwater flow was generally toward the ocean in the southwest, but modern pumping has caused water levels to drop below sea level inland of the Newport -Inglewood fault zone. This trough -shaped depression encourages sea water to migrate inland, contaminating the groundwater supply. Strategic lines of wells in the Alamitos and Talbert Gaps, which are located in Fountain Valley, inject imported and reclaimed water to create a mound of water to protect the Basin from seawater intrusion. As such, the injection of water in the Alamitos and Talbert Gaps prevent saltwater intrusion into the upper region of the aquifer, where most of the pumping occurs.47
The Groundwater Replenishment System (GRS), a joint venture by OCWD and the Orange County Sanitation District (OCSD), will help reduce Orange County and Newport Beach's reliance on imported surface water by taking treated wastewater and returning it into the Basin via injection or passive settling.

Sewer water will be purified using a state-of-the-art, three -step process—microfiltration, reverse osmosis, and ultraviolet light with hydrogen peroxide disinfection. Roughly half of the water from the GWR System will be injected into Orange County's seawater barrier. The remaining water will be piped to recharge lakes in Anaheim, where the water will take the natural path of rainwater as it filters through clay, sand and rock to the deep aquifers of the groundwater basin. The GWR System purified water will exceed all State and Federal drinking water standards and have water quality similar to, or better than, 46 OCWD. 2004. Groundwater Management Plan. March.
470CWD. 2004. Groundwater Management Plan. March.

City of Newport Beach General Plan Update EIR 4.7-7

bottled water. The GRS will be online by 2007, and will produce approximately 70,000 acre feet of water per year.48
■ Water Quality
Surface Water Quality
Newport Bay is designated as "water quality -limited" for four impairments under the Federal Clean Water Act's Section 303(d) List, meaning that it is "not reasonably expected to attain or maintain water quality standards" due to these impairments without additional regulation.49 Under Section 303(d) of the Clean Water Act, states, territories, and authorized tribes are required to develop lists of impaired waters.

The law requires that these jurisdictions establish priority rankings for waters on the lists and develop Total Maximum Daily Loads (TMDLs) for these waters. Generally, a TMDL specifies the maximum amount of a pollutant that a water body can receive and still meet water quality standards, and requires a jurisdiction to allocate pollutant loadings among point and nonpoint pollutant sources to achieve that amount. Point sources are defined as discrete conveyances such as pipes or direct discharges from businesses or public agencies. Nonpoint pollution refers to the introduction of bacteria, sediment, oil and grease, heavy metals, pesticides, fertilizers, and other chemicals into rivers, bays, and oceans from less defined sources including roadways, parking lots, yards, and farms.so For these water quality -limited bodies, the Santa Ana Region Water Quality Control Board (SARWQCB) and the US Environmental Protection Agency (EPA) have developed TMDLs for the following substances in Newport Beach: sediment, nutrients, fecal coliform, and toxic pollutants (Newport Beach 2005). Descriptions of the TMDLs for each of these substances are provided below:
■ Sediment. Adopted on October 9, 1998, the Sediment TMDL requires local partners (stakeholders in the watershed) to survey Newport Bay regularly and to reduce annual sediment delivered into the Bay from 250,000 cubic yards to 125,000 cubic yards (a 50 percent reduction) by 2008. ■ Nutrients. Approved by US EPA on April 16, 1999, the Nutrient TMDL limits nitrogen and phosphorus inputs to Newport Bay. The Nutrient TMDL attempts to reduce the annual loading of nitrogen by 50 percent, from 1,400 pounds per day to approximately 850 to 802 pounds per day at San Diego Creek, by 2012. Phosphorus loading must fall from 86,912 pounds per year in 2002 to 62,080 pounds by 2007.
■ Fecal Coliform. Approved in December 1999, the Fecal Coliform TMDL attempts to reduce the amount of fecal coliform inputs to Newport Bay enough to make the Bay meet water contact recreation standards (swimming, wading, surfing) by 2014 and shellfish harvesting standards (where waters support shellfish acceptable for human consumption) by 2019. ■ Toxic Pollutants. Adopted by US EPA on June 14, 2002, the Toxic Pollutants TMDL addresses Newport Bay inputs like heavy metals (chromium, copper, lead, cadmium, zinc) and priority 48 Orange County Water District (OCWD). 2006. Groundwater Replenishment System: http://www.gwrsystem.com .

Accessed February 28.
49 Newport Beach, City of 2005. Draft Local Coastal Program, Coastal Land Use Plan. so Newport Beach, City of. 2003. Hazards Assessment Study, July.

4.7-8 City of Newport Beach General Plan Update EIR

organics such as endosulfan, DDT, Chlordane, PCBs, Toxaphene, diazinon, and chlorpyriphos. It may lead to the reduction or elimination of pesticide use by residents, businesses, and municipal services in the Newport Bay watershed. This TMDL also addresses existing toxic deposits in sediments in the Rhine Channel and other areas in the Lower Bay.

The City of Newport Beach, SARWQCB, Department of Fish and Game, County of Orange, and other cities in the Newport Bay watershed have established the Newport Bay Watershed Executive Committee, which is advised by the Watershed Management Committee (WMC) to implement the TMDLs.51 The WMC typically meets quarterly to discuss compliance with the TMDLs established by the SARWQCB.

Generally, all the TMDLs established by the SARWQCB require that watershed -based solutions be developed by the watershed stakeholders, followed by joint funding for the implementation of these projects throughout the watershed.

Additionally, a municipal separate storm sewer system (MS4) permit is provided to the City by the SARWQCB under the National Pollutant Discharge Elimination System (NPDES) to regulate the amount of storm water contaminants that are delivered into the City's waterways.52 MS4 permits require an aggressive water quality ordinance, specific municipal practices to maintain city facilities like the MS4, and the use of best management practices (BMPs) in many residential, commercial, and development - related activities to further reduce the amount of contaminants in urban runoff. MS4 permits also require local agencies to cooperatively develop a public education campaign to inform people about what they can do to protect water quality.

Water Quality Monitoring
As part of the Orange County Health Care Agency (HCA), Environmental Health's Ocean Water Protection Program is responsible for protecting the public from exposure to ocean and bay water that may be contaminated with sewage or urban runoff and may cause illness due to elevated bacteria levels along the County's coastline, as well as the harbor and bay shoreline. Over the past 40 years, the Health Care Agency and local sanitation agencies (OCSD and South Orange County Wastewater Authority) have been testing the coastal waters in Orange County for bacteria that indicate the possible presence of disease -causing organisms. The sanitation agencies and HCA program staff participate in the weekly collection of water samples at approximately 150 ocean, bay, and drainage locations throughout coastal Orange County, including the City of Newport Beach.13
When a release of sewage is reported to the Ocean Water Protection Program staff, the ocean or bay water areas that may be affected by the sewage discharge are immediately closed to ocean water -contact sports. Other events such as rainstorms can also increase contaminant levels that exceed State standards.

During and after a significant rainstorm event, storm drains, creeks, and rivers carry floodwaters and urban runoff (which may include fertilizers, road oils, litter, and large amounts of bacteria from a variety of sources such as animal waste and decomposing vegetation) to the ocean. The level of contamination si Newport Beach, City of. 2005. Draft Local Coastal Program, Coastal Land Use Plan. 52 Newport Beach, City of. 2005. Draft Local Coastal Program, Coastal Land Use Plan. 53 Orange County Health Care Agency Environmental Health (HCA). 2003. 2002 Annual Ocean and Bay Water Quality Report, June.

City of Newport Beach General Plan Update EIR 4.7-9

of bacteria can rise significantly in ocean and bay waters close to discharging storm drains and outlets of creeks, rivers, and streams during and after rainstorms. The elevated bacterial levels in the coastal ocean waters may continue for a period of at least three days depending on the intensity of the rain and the volume of runoff."
Bacteriological water samples are collected each week at approximately two locations in Semeniuk Slough, and at 31 locations in Newport Bay. The total number of postings, total number of days posted, and total number of Beach Mile Days posted due to violations of AB 411 standards for the years 2000 through 2004 at Semeniuk Slough and Newport Bay are shown below in Table 4.7-1. The term Beach Mile Days (BMD) is used to present the measurement of the number of days and the area of ocean or bay waters that are closed due to a sewage spill or posted for a violation of the AB 411 standards. BMDs are calculated by multiplying the number of days of a closure or posting by the number of miles of beach closed or posted.

Year I Posfinas I Days I Beach Mile
Newport Slough
2000
N/A
N/A
N/A
2001
9 381

5.1 2002
13 339

3.9 2003
14 308

3.5 2004
4 98

1.1 Newport Bay
2000
75 1483

64.0 2001
94 1663

67.7 2002
61 1514

58.4 2003
74 1409

57.6 2004
39 1366

54.4 SOURCE: Orange County Health Care Agency Environmental Health, 2004 Annual Ocean and Bay Water Quality Report, March 2005, pages 29-30.

Groundwater Quality
Groundwater within the Orange County Basin is primarily calcium and sodium bicarbonate in character.

Impairments to the Basin include sea water intrusion near the coast and colored water from natural organic materials in the lower aquifer system. As discussed above, the Newport -Inglewood fault zone is a trough -shaped depression that encourages sea water to migrate inland, contaminating the groundwater supply. The injection of water in the Alamitos and Talbert Gaps prevent saltwater intrusion into the 54 Orange County Health Care Agency Environmental Health (HCA). 2003. 2002 Annual Ocean and Bay Water Quality Report, June.

4.7-10 City of Newport Beach General Plan Update EIR

upper region of the aquifer, where most of the pumping occurs. In addition, the Basin is characterized with increasing salinity, high nitrates, and MTBE.ss
The most typical source of groundwater contamination in the Basin is the erosion of natural deposits, which could deliver chemicals such as arsenic, barium, fluoride, nickel, and selenium along with radiologicals such as radium and uranium into the groundwater. Additionally, the use of fertilizers in the County also contributes nitrate into the groundwater. Upon sampling of IRWD's Basin wells in 2003 and 2004, none of the regulated chemicals found in the groundwater violated their respective "Maximum Contaminant Levels" (MCLs) as set by the California EPA.56 The Basin receives treated reclaimed water from the OCSD. As part of the GRS, the reclaimed water goes through reverse osmosis and enters or will enter the Basin in one of two ways: (1) direct injection into the seawater intrusion barrier by Water Factory #21; and (2) passive settling into settling ponds at the base of the Santa Ana River near Anaheim and Anaheim Hills.

The Basin's use of reclaimed water to recharge the Basin can and has caused limited contamination of the Basin by at least two "chemicals of concern" for which "action levels" (ALs) have been set by the California Health Services Department's Division of Drinking Water and Environmental Management.

ALs are different from MCLs in that ALs simply require public agencies to notify appropriate agencies that an AL has been reached; water providers are not required to remove water from service that has attained an AL.

The chemicals found in the Basin include N-nitrosodimethylamine (NDMA) and 1,4-dioxane. In recent years, OCWD has detected both 1,4-dioxane and NDMA at levels at or near ALs at Newport Beach's four well sites, which are located in Fountain Valley. OCWD continues to monitor these and other chemicals of concern on an ongoing basis.

According to the US EPA, no facilities in the Newport Beach area have US EPA permits to discharge to local water sources.

Drinking Water Quality
The drinking water supply for the City is a blend of mostly groundwater from the Basin and also surface water imported by MWD. For further description of drinking water quality, post -filtration and post- treatment, refer to Section 4.14 (Utilities and Service Systems). ■ Storm Drain Infrastructure
Generally, the City provides storm drain service to the entire Planning Area. Currently, Banning Ranch contains no development, but the City intends to serve this area when the need for storm drain service arises. The Orange County Resources and Development Management Department (RDMD) maintains ss California Department of Water Resources (DWR). 2004. California's Groundwater —Bulletin 118. 56 Irvine Ranch Water District (IRWD). 2005. Annual Water Quality Report.

City of Newport Beach General Plan Update EIR 4.7-11

the regional drainage facilities in the Planning Area, including the Santa Ana River, and San Diego Creek and is described further in Flood Hazards, below.

The existing storm drain system owned and operated by the City consists of pipelines, catch basins, manholes, tide valves, open channels and retention basins located throughout the system. Pipelines range from three to 120 inches in diameter, and are constructed of materials such as reinforced concrete, corrugated metal, plastic, ductile iron, steel, clay, and asbestos cement. Location of the existing storm drain infrastructure is shown in Figure 4.7-2. Some segments of the system are over 50 years old, while other segments have been recently constructed.57
The City's storm drain system is characterized by two distinctly different geographical areas. The upland areas, generally inland of Coast Highway, have drainage characteristics similar to other coastal plain communities in Orange County. The low-lying areas, below Coast Highway, such as the Balboa Peninsula, Newport Island, and Balboa Island, are very flat and are affected by ocean tides.58 A system of bayfront bulkheads and tide valves (gates) on storm drain outlets to Newport Bay are in place to protect these low lying areas from flooding due to high tides. The City has installed 6- to 36-inch-diameter tide valves on 89 storm drain outlets to Newport Bay to prevent seawater from backing through the storm drain pipes during high tide events. Of the 85 tide valves, six are operated by an electric motor that open and close the valves while the remaining valves are manually operated. The valves must be closed when the tide elevation reaches street elevations at each installation. When the tidal elevation drops below street elevation, the gates are reopened. When rain occurs simultaneously with a high tide, stormwater cannot be released until the tide has dropped sufficiently to open the tide gates. As a result, urban runoff is in effect dammed by these tide valves and the low-lying streets in the City can become inundated. In order to minimize this problem, portable pumps are used to discharge urban runoff collected at street ends into the ocean. Overall, urban street flooding is rarely considered a problem in the City of Newport Beach.59
The City's storm drain system also includes retarding basins. These include the Koll Center retarding basin, located north of SR-73, the Farallon/El Paseo retarding basin, located between Avocado Street and MacArthur Boulevard, near Fashion Island, and the Harbor View retarding basin, located between Corona del Mar and San Joaquin Hills Road. The purpose of these retarding basins is to reduce the flow rate within the respective downstream storm drain systems so that older, possibly undersized, downstream facilities will be able to carry the discharge from new development areas upstream.60 Existing Deficiencies and Proposed Upgrades
Inspections of the City's drainage system and, in particular, problem areas where street flooding occurred during the 1997/98 El Nino winter storm season, have been conducted, as outlined in the City's Storm Drain Master Plan (SDMP). It is important to note that the SDMP does not evaluate the existing storm 57 Newport Beach, City of. 2000. Storm Drain Master Plan, July. 58 Newport Beach, City of. 2000. Storm Drain Master Plan, July. 59 Newport Beach, City of. 2003. Hazards Assessment Study, July. 60 Newport Beach, City of 2000. Storm Drain Master Plan, July.

4.7-12 City of Newport Beach General Plan Update EIR

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CITY of NEWPORT BEACH

GENERAL PLAN UPDATE EIR
Figure 4.7-2

STORM DRAINAGE

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Nogci No. 10579 03

drain system in recently annexed areas such as Newport Coast, Newport Ridge, Bay Knolls, and Santa Ana Heights. The SDMP also conducted hydrologic and hydraulic analyses of the entire City to determine the necessary structural upgrades for the City's storm drain system. Upgrades were deemed necessary by the plan where a storm drain that collected runoff at on -grade catch basins overflowed during a 10-year storm event, while upgrades were necessary where storm drain pipes that carried runoff collected at a sump overflowed during a 25-year storm event. In addition, existing streets that could not contain the peak runoff during a 100-year storm event within their street right-of-way were also designated for structural upgrades by the SDMP. Most of the proposed upgrades recommended in the SDMP are the result of increased imperviousness in drainage areas due to development since the design of the original system and the more conservative design criteria contained in the current Orange County Hydrology Manual.

Three types of upgrades are proposed for the City's storm drain system: Priority A, operational upgrades; Priority B, material upgrades; and Priority C, Hydraulic Upgrades. Operational upgrades include projects that are assumed to be of the highest priority due to occasional flooding. Material upgrades consist of upgrades to the drainage systems with known physical constraints and identified drainage system deterioration. Lastly, the hydraulic upgrades include upgrades for drainage systems with calculated capacity that does not meet current Orange County Hydrology Manual criteria for design level storm events. The total estimated cost of the recommended improvements is approximately $18.5 million.

Additionally, according to the SDMP, approximately 35,000 linear feet of the storm drain system and the street capacity at 13 scattered locations within the City's service area required upgrades to their drainage and flow capabilities. In addition, approximately 24,000 feet of the storm drain system required upgrading due to their existing pipe size (less than 18 inches in diameter), pipe material (steel or corrugated metal pipe), and structures. Citywide inlet and structural improvements, located in the City's low-lying areas, are required.

With respect to the Newport Coast and Newport Ridge areas that were annexed in 2002, any development that occurred or began prior to this time was the responsibility of the County of Orange.

Thus, those developments meet County regulations for adequate storm drain infrastructure, although any future improvements would be the responsibility of the City. In addition, any new development that occurred within these areas after annexation, are subject to City requirements. These new developments are planned communities where infrastructure was designed to adequately serve these uses, and thus, do not have any existing deficiencies at this time (Tse 2004). As such, there are no proposed upgrades to the existing infrastructure in the Newport Coast and Newport Ridge areas.

Flood Hazards
Flood Zones
Flooding can be a destructive natural hazard, and is a recurring event. Storm -induced flood hazards in Newport Beach can be classified into two general categories: flash flooding from small, natural channels; and more moderate and sustained flooding from the Santa Ana River and San Diego Creek.

City of Newport Beach General Plan Update EIR 4.7-15

The 100- and 500-year flood zones have been identified by the Federal Emergency Management Agency (FEMA), and include the low-lying areas in West Newport at the base of the bluffs, the coastal areas which surround Newport Bay, and all low-lying areas adjacent to Upper Newport Bay. 100- and 500-year flooding is also anticipated to occur along the lower reaches of Coyote Canyon, in the lower reaches of San Diego Creek and the Santa Ana Delhi Channel, and in a portion of Buck Gully. Most flooding along these second- and third -order streams is not expected to impact significant development. However, flooding in the coastal areas of the City will impact residential and commercial zones along West Newport, the Balboa Peninsula and Balboa Island, and the seaward side of Pacific Coast Highway.

Figure 4.7-3 shows the 100- and 500-year flood zones.

Coastal Flood Hazards
Newport Beach is susceptible to low -probability but high -risk events such as tsunamis, and more common, isolated hazards such as storm surges. Each of these has a potential to significantly impact Newport Beach residents and the built environment.

Newport Beach is generally protected from most distantly generated tsunamis by the Channel Islands and Point Arguello, except for those generated in the Aleutian Islands, off the coast of Chile, and possibly off the coast of Central America. Nevertheless, since the early 1800s, more than thirty tsunamis have been recorded in Southern California, and at least six of these caused damage in the area, although not necessarily in Newport Beach. Tsunamis generated in the Alaskan region take approximately six hours to arrive in the Southern California area, while tsunamis generated off the Chilean coast take 12 to 15 hours. Given those timeframes, coastal communities in Southern California can receive adequate warning, allowing them to implement evacuation procedures. Alternatively, very little warning time, if any, can be expected from locally generated tsunamis. Locally generated tsunamis caused by offshore faulting or landsliding immediately offshore from Newport Beach are possible, and these tsunamis have the potential to be worst -case scenarios for the coastal communities in Orange County. Modeling off the Santa Barbara coast suggests that locally generated tsunamis can cause waves between 2 and 20 meters (6 to 60 feet) high, and that these could impact the coastline with almost no warning, within minutes of the causative earthquake or slump. Areas within Newport Beach that are most likely to be impacted by a tsunami include West Newport, Balboa Peninsula, Lido Isle, Balboa Island, and Upper Newport Bay.

Rogue waves are very high waves that arise unexpectedly in the open ocean. These waves are difficult to plan for as they are unpredictable. Rogue waves have historically impacted the Orange County coast and have the potential to impact Newport Beach in the future.

Unlike tsunamis, which can occur anytime, storm surges are associated with inclement weather. Given that during inclement weather, fewer people are expected to be at the beach, storm surges are more likely to impact residents than tourists, and the potential number of casualties can be expected to be significantly less than tsunamis. The most common problem associated with storm surges is flooding of low-lying areas, including structures. This is often compounded by intense rainfall and strong winds. If a storm surge occurs during high tide, the flooded area can be significant. Coastal flooding in Newport Beach occurred in the past when major storms, many of these El Nino Southern Oscillation events, impacted the area. Storm surging associated with a tropical storm has been reported only once in the

4.7-16 City of Newport Beach General Plan Update EIR

CITY of NEWPORT BEACH

GENERAL PLAN UPDATE EIR
Figure 4.7-3
FLOOD
ZONES
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g
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ource: City W Nexport BeacM1, 2006.

Hogcl No. 10579 03

history of Newport Beach, in 1939. This suggests that the hazard of cyclone -induced storm surges has a low probability of occurrence. Nevertheless, this incident caused millions of dollars in damage to Newport Beach. Storm surge events would affect development along the ocean, and to a lesser extent, Newport Bay.

Seismically Induced Inundation
Seismically induced inundation, which refers to flooding that results when water retention structures fail due to an earthquake, can also occur in the City. Portions of Newport Beach are threatened by flooding from Prado Dam, Santiago Creek Reservoir, Villa Park Reservoir, San Joaquin Reservoir, Big Canyon Reservoir, and Harbor View Reservoir. Seismically induced inundation can also occur if strong ground shaking causes structural damage to aboveground water tanks. Currently, there are no existing or planned above -ground water tanks in the City.

Reservoirs, lakes, ponds, swimming pools, and other enclosed bodies of water are subject to potentially damaging oscillations (sloshing) called seiches. This hazard is dependent upon specific earthquake parameters (e.g., frequency of the seismic waves, distance and direction from the epicenter), as well as site -specific design of the enclosed bodies of water, and thus difficult to predict. Areas of the City that may be vulnerable to this hazard are primarily improvements located next to waterways, such as Newport Harbor, and the southern part of Upper Newport Bay. However, the probability that damaging seiches would develop in these bodies of water was considered low in the 1975 Newport Beach Safety Element.

The Hazards Assessment Study within the 2004 Technical Background Report concludes that no new information has been found to indicate otherwise.

Flood Control
Various flood control measures have helped mitigate flood damage in the City. Administered by the Orange County Resources & Development Management Department, the Orange County Flood Control District (OCFCD) provides, operates, and maintains public facilities and regional resources for the residents of Orange County. OCFCD operates and maintains flood control channels, dams, retarding basins, pump stations, and other flood control infrastructure that the OCFCD designs and constructs.

Specifically, within the Planning Area, OCFCD is responsible for maintaining the regional drainage facilities such as the Santa Ana River, San Diego Creek, and Buck Gully. These structures help regulate flow in the Santa Ana River, San Diego Creek, and smaller streams and hold back some of the flow during intense rainfall periods that could otherwise overwhelm the storm drain system in Newport Beach. In addition, as described above, the City's storm drain system includes mechanisms that minimize flood hazards resulting from high tide events.

City of Newport Beach General Plan Update EIR 4.7-19

4.7.3 Regulatory Framework
Federal Regulations
Clean Water Act of 1972
The State Water Resources Control Board (SWRCB) and its RWQCBs are responsible for enforcing water quality standards within the State. As mandated by Section 303(d) of the Federal Clean Water Act, the RWQCB maintains and updates a list of "impaired waterbodies" that do not meet State and Federal water quality standards. The State is then required to prioritize waters/watersheds for TMDL development. This information is compiled in a list and submitted to the US EPA for review and approval. This list is known as the Section 303(d) list of impaired waters. The SWRCB and RWQCBs have ongoing efforts to monitor and assess water quality, to prepare the Section 303(d) list, and to develop TMDLs. TMDLs developed for the City of Newport Beach are described above in Existing Conditions.

Section 404 of the Federal Clean Water Act authorizes the US Army Corps of Engineers to issue permits for the discharge of dredged or fill material into waters of the United States, including wetlands. This section of the Clean Water Act has been interpreted to give the US Army Corps of Engineers jurisdiction over permitting wetlands fill.

National Flood Insurance Act
Congress acted to reduce the costs of disaster relief by passing the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973. The intent of these acts was to reduce the need for large, publicly funded flood control structures and disaster relief efforts by restricting development in floodplains.

FEMA administers the National Flood Insurance Program (NFIP) to provide subsidized flood insurance to communities that comply with FEMA regulations limiting development in a floodplain. FEMA issues Federal Insurance Rate Maps (FIRMS), which delineate flood hazard zones in the community, of communities participating in the NFIP. Since the City of Newport Beach is a participating member of the NFIP, flood insurance is available to any property owner in the City. r State Regulations
California Coastal Act (1976)
The California Coastal Act established a permanent Coastal Commission whose mandate is to protect and enhance the resources of the coastal zone mapped by the State Legislature. The goals of the Coastal Act are as follows:
■ Protect, maintain and, where feasible, enhance and restore the overall quality of the coastal zone environment and its natural and artificial resources.

4.7-20 City of Newport Beach General Plan Update EIR

■ Assure orderly, balanced utilization and conservation of coastal zone resources taking into account the social and economic needs of the people of the State. ■ Maximize public access to and along the coast and maximize public recreational opportunities in the coastal zone consistent with sound resources conservation principles and constitutionally protected rights of private property owners.
■ Assure priority for coastal -dependent and coastal -related development over other development on the coast.
■ Encourage State and local initiatives and cooperation in preparing procedures to implement coordinated planning and development for mutually beneficial uses, including educational uses, in the coastal zone.

Implementation of Coastal Act policies designed to achieve the above goals is accomplished primarily through the preparation of a Local Coastal Program (LCP), reviewed and approved by the Coastal Commission. An LCP typically consists of a land use plan and an implementation plan. The land use plan indicates the kinds, location, and intensity of land uses, the applicable resource protection and development policies, and, where necessary, a listing of implementing actions. The implementation plan consists of the zoning ordinances, zoning district maps, and other legal instruments necessary to implement the land use plan. Any amendments to the certified LCP will require review and approval by the Coastal Commission prior to becoming effective.

The Coastal Land Use Plan (CLUP) prepared as part of the City's LCP is described further in Local Regulations, below.

California Wetlands Conservation Policy (1993)
The goal of the California Wetlands Conservation Policy is to ensure no net loss of wetlands within the State. This policy also encourages a long-term net gain in the State's quantity, quality, and permanence of wetlands acreage and values. Interpretation of this order indicates that any developer wishing to fill in wetlands for construction of new development must perform mitigation in the form of constructed wetlands elsewhere at ratios ranging from 2:1 to 10:1. In addition to the US Army Corps of Engineers, State regulatory agencies claiming jurisdiction over wetlands include the California Department of Fish and Game (CDFG) and the SWRCB.

California Department of Fish and Game (CDFG) Lake or Streambed Alteration Program
CDFG, through provisions of the State of California Administrative Code, is empowered to issue agreements for any alteration of a river, stream, or lake where fish or wildlife resources may adversely be affected. Streams and rivers are defined by the presence of a channel bed and banks, and at least an intermittent flow of water. CDFG regulates wetland areas only to the extent that those wetlands are part of a river, stream, or lake as defined by CDFG.

Typically, wetland delineations are not performed to obtain CDFG Agreements. The reason for this is that CDFG generally includes any riparian habitat present within the jurisdictional limits of streams and lakes. Riparian habitat includes willows, mulefat, and other vegetation typically associated with the banks City of Newport Beach General Plan Update EIR 4.7-21

of a stream or lake shoreline. In most situations, wetlands associated with a stream or lake would fall within the limits of riparian habitat. Thus, defining the limits of CDFG jurisdiction based on riparian habitat will automatically include any wetland areas
SARWQCB National Pollutant Discharge Elimination System Permit Industrial facilities and construction sites are regulated by the State Water Resources Control Board (SWRCB), through general stormwater permits. Cities and counties are regulated through permits issued by the Regional Water Quality Control Boards (RWQCBs). Since 1990, operators of large storm drain systems such as the City's have been required to do the following:
■ Develop a stormwater management program designed to prevent harmful pollutants from being dumped or washed by stormwater runoff, into the stormwater system, then discharged into local waterbodies
■ Obtain a NPDES permit
The NPDES permit programs in California are administered by the SWRCB and by nine regional boards that issue NPDES permits and enforce regulations within their respective region. Newport Beach lies within the jurisdiction of the Santa Ana Region. This regional board issues permits to the Orange County Permittees, which includes the County of Orange, Orange County Flood Control District and incorporated cities of Orange County. Since the program's inception, the County of Orange has served as the principal permittee.

The City of Newport Beach is listed as a co-permittee for the SARWQCB's NPDES permit and is bound to comply with all the aspects of the permit requirements. The NPDES permit program controls water pollution by regulating point and nonpoint sources that discharge pollutants into waters of the United States. The City holds a NPDES permit to operate its MS4s. Newport Beach's MS4 Permit (adopted January 2002) directs it to keep pollutants out of its MS4 to the maximum extent practicable and to ensure that dry -weather flows entering recreational waters from the MS4 do not cause or contribute to exceedances of water quality standards. The Permit requires the City to do the following:
■ Control contaminants into storm drain systems
■ Educate the public about stormwater impacts
■ Detect and eliminate illicit discharges
■ Control runoff from construction sites
■ Implement "best management practices" or "BMPs" and site -specific runoff controls and treatments for new development and redevelopment
■ Prevent pollution from municipal operations, including fixed facilities and field activities ■ Inspect industrial and commercial sites for compliance with NPDES regulations In addition to managing municipal stormwater discharges, the NPDES permit program requires permitting of construction -related stormwater discharges. Specifically, development that is greater than one acre in size is required to comply with the provisions of the General Construction Activity Stormwater Permit adopted by the SWRCB. Under this permit, applicants are required to prepare, retain, and implement at the construction site a Stormwater Pollution Prevention Plan (SWPPP). In addition, the permit would require the employment of Best Management Practices (BMPs) to limit the extent of eroded materials from discharging into the City's drainage system and affecting water quality. BMPs

4.7-22 City of Newport Beach General Plan Update EIR

would consist of any activity, prohibition, practice, procedure, program, or other measure designed to prevent or reduce the discharge of pollutants directly or indirectly into the City's drainage system. Under these regulations, implementation of programs and practices to control polluted stormwater runoff are required, including the inspection of construction sites and enforcement actions against violators.

Furthermore, Provision C.3 of the General Construction Activity Stormwater Permit requires local municipalities to evaluate water quality effects and identify appropriate mitigation measures when they conduct environmental review of proposed projects. In order to implement Clean Water Act provisions governing discharges to municipal storm drains, Provision C.3 requires new and redevelopment projects that would modify hydrographs (i.e., create or replace impervious area) to treat and/or detain stormwater runoff before it is discharged to creeks or stormdrains. The primary goals of Provision C.3 are to protect water quality by minimizing sediment and other pollutants in site runoff, and to prevent downstream erosion by ensuring that post -project runoff and volume do not exceed pre -project runoff and volume.

Santa Ana River Basin Water Quality Control Plan (Basin Plan) The document for each region of the SWRCB's jurisdiction is the Water Quality Control Plan, commonly referred to as the Basin Plan. It is the foundation for the regulatory programs of each of the nine Regional Water Quality Control Boards (RWQCBs or Regional Boards). The Basin Plan documents the beneficial uses of the region's ground and surface waters, existing water quality conditions, problems, and goals, and actions by the regional board and others that are necessary to achieve and maintain water quality standards.

Reclaimed Water Regulations
Within the State of California, reclaimed water is regulated by the US EPA, SWRCB, RWQCBs, and the State Department of Health Services. The SWRCB has adopted Resolution No. 77-1, Policy with Respect to Water Reclamation in California. This policy states that the SWRCB and RWQCBs will encourage and consider or recommend for funding water reclamation projects that do not impair water rights or beneficial instream uses.

The RWQCBs implement the SWRCB's Guidelines for Regulation of Water Reclamation and issue waste discharge permits that serve to regulate the quality of reclaimed water based on stringent water quality requirements. The State Department of Health Services develops policies protecting human health and comments and advises on RWQCB permits.
— Local Regulations
Orange County Stormwater Program
The City is a member of the Orange County Stormwater Program, which coordinates all cities and the county government in Orange County to regulate and control storm water and urban runoff into all Orange County waterways, and ultimately, into the Pacific Ocean. The Orange County Stormwater City of Newport Beach General Plan Update EIR 4.7-23

Program administers the current NPDES MS4 Permit and the 2003 Drainage Area Management Plan (DAMP) for the County of Orange and the 34 incorporated cities within the region.

As a result of the NPDES MS4 Permits for Orange County, adopted by the Santa Ana and San Diego Regional Water Quality Control Boards in early 2002, the cities and County (collectively called Permittees) subsequently prepared a Drainage Area Management Plan (DAMP). The DAMP was prepared to meet the requirements of the stormwater permit by describing the overall storm water management strategies planned by the County to protect the beneficial uses of the receiving waters in the Santa Ana drainage area. Thus, developments within the City resulting from implementation of the proposed General Plan Update would also be subject to the provisions of the DAMP.

Ocean Water Protection Program
Orange County Health Care Agency's (HCA) Water Quality Section operates the Ocean Water Protection Program, which ensures that all public recreational waters meet applicable water quality standards for swimming and shellfish harvesting. It routinely:
■ Conducts microbial monitoring of ocean waters
■ Responds to sewage spills and other unauthorized discharges of waste ■ Closes ocean and bay waters after sewage spills
■ Directs the posting of warning signs when AB411 standards are exceeded ■ Responds to illness complaints
■ Issues health advisories
■ Runs the Ocean and Bay Water Closure and Posting Hotline for ocean and bay waters in Orange County
Under the requirements stipulated by the California Health and Safety Code and Title 17 of the California Code of Regulations, the results of water samples are reviewed every day for bacteria levels.

Ocean and bay water closures, postings and health advisories are issued, when necessary.

In 1999, bacteriological ocean water quality standards, which were that are more protective of public health than previous standards, were added to the Health and Safety and Code and the Code of Regulations; these standards are informally called AB 411 standards.

When a known release of sewage is reported to the Ocean Water Protection Program staff, the ocean or bay water areas that may be affected by the sewage discharge are immediately closed to ocean water - contact sports. The closed ocean or bay water area will be reopened or reduced in size when the contamination source has been eliminated and after two daily consecutive sampling results indicate the affected area meets the AB 411 Ocean Water -Contact Sports Standards.61 The Ocean Water Protection Program staff review the results of bacteriological water analyses to determine compliance with established standards. When a bacteriological water sample fails to meet any of the AB 411 Ocean Water -Contact Sports Standards the following occurs:
61 Orange County Health Care Agency Environmental Health (HCA). 2003. 2002 Annual Ocean and Bay Water Quality Report, June.

4.7-24 City of Newport Beach General Plan Update EIR

■ Warning signs are posted at the affected ocean or bay areas indicating that the waters have exceeded health standards
■ All the information regarding the posted area is updated on the Ocean and Bay Water Closure and Posting Hotline and Web Page
■ Additional bacteriological water samples are collected at the posted areas and the results are evaluated daily to determine if the areas posted with warning signs should be increased, reduced, shifted, or removed
Coastal Land Use Plan
The CLUP of the City of Newport Beach LCP was prepared in accordance with the California Coastal Act of 1976, approved by the California Coastal Commission in October 2005, and adopted in December 2005. The CLUP sets forth goals, objectives, and policies that govern the use of land and water and the protection of Coastal resources in the coastal zone within the City of Newport Beach and its sphere of influence, with the exception of Newport Coast and Banning Ranch. The policies contained in the CLUP address public access, recreation, marine environment, land resources, and residential and commercial development.

Metropolitan Water District Groundwater Recovery Program Metropolitan Water District (MWD) established the Groundwater Recovery Program, which provides financial assistance to member agencies to improve and enhance the quality of local ground waters that does not meet the regulatory standards of the US EPA and the State Department of Health Services. If available, this funding may be used to improve water quality within the Newport Beach area.

City of Newport Beach Municipal Code
Chapter 14.34 (Water Well Standards)
The purpose of the City's Water Well Standards is to control the construction and reconstruction of water wells such that the City's groundwater quality will not be impaired. Chapter 14.34 also provides for the destruction of abandoned or nuisance wells so that they will not impair the quality of groundwater.

Chapter 14.36 (Water Quality)
Chapter 14.36 (Water Quality) of the Municipal Code requires the City to participate as a "Co-permittee" under the NPDES Permits in the development and adoption of an ordinance to accomplish the requirements of the Clean Water Act. The purpose of this chapter is for the City to participate in the improvement of water quality and comply with Federal requirements for the control of urban pollutants to stormwater runoff, which enters the network of storm drains throughout Orange County.

Chapter 15.10 (Excavation and Grading Code)
As required by the City's Municipal Code, grading activities shall obtain a grading permit from the City's Building Official. The Building Official also issues drainage permits as appropriate. Chapter 15.10 contains grading, fill, drainage, and erosion control standards that shall be applied to the corresponding City of Newport Beach General Plan Update EIR 4.7-25

construction activity. The purpose of this chapter is to safeguard life, limb, property and the public welfare by regulating grading, drainage and hillside construction on private property and for similar improvement proposed by private interests on City right-of-way where regulations are not otherwise exercised.

Chapter 15.50 (Flood Damage Prevention)
The purpose of Chapter 15.50 (Flood Damage Prevention) of the Municipal Code is to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions. To accomplish this purpose, this chapter includes methods and provisions to:
■ Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities ■ Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction ■ Control the alteration of natural floodplain, stream channels, and natural protective barriers, which help accommodate or channel flood waters
■ Control filling, grading, dredging, and other development which may increase flood damage ■ Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.

Chapter 19.24 (Subdivision Design)
Chapter 19.24 (Subdivision Design) of the Municipal Code contains slope, grading, drainage, and flood protection provisions specific to the development of subdivisions.

4.7.4 Thresholds of Significance
The following thresholds of significance are based on Appendix G of the 2005 CEQA Guidelines. For purposes of this EIR, implementation of the proposed project may have a significant adverse impact on hydrology and water quality, as well as the City's storm drain system, if it would result in any of the following:
■ 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 off -site
■ 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 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 ■ Require or result in the construction and/or expansion of new storm drain infrastructure that would cause significant environmental effects

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■ Otherwise substantially degrade water quality
■ Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map ■ Place within a 100-year flood hazard area structures which would impede or redirect flows ■ Expose people or structures to a significant risk or loss, injury or death involving flooding, including flooding as a result of a levee or dam
■ Expose people or structures to significant risk or loss, injury or death involving inundation by seiche, tsunami, or mudflow

4.7.5 Project Impacts, Mitigation Measures, and Proposed Policies
k Effects Not Found to Be Significant
The IS/NOP prepared for the proposed project did not identify any effects not found to be significant associated with Hydrology and Water Quality. Therefore, all thresholds are addressed in this section. ■ Project Impacts
Threshold Would the proposed project violate any water quality standards or waste discharge requirements?
Impact 4.7-1 Development under the proposed General Plan Update could result in an increase in pollutants in stormwater and wastewater, although water quality standards and waste discharge requirements would not be violated.

Construction
Soil disturbance would temporarily occur due to construction of future developments under the proposed General Plan Update, due to earth -moving activities, such as excavation and trenching for foundations and utilities, soil compaction and moving, cut and fill activities, and grading. Disturbed soils are susceptible to high rates of erosion from wind and rain, resulting in sediment transport via stormwater runoff from the project area. Erosion and sedimentation affects water quality through interference with photosynthesis, oxygen exchange, and the respiration, growth, and reproduction of aquatic species. Runoff from construction sites would be typical of urban areas, and may include sediments and contaminants such as oils, fuels, paints, and solvents. Additionally, other pollutants, such as nutrients, trace metals, and hydrocarbons, can attach to sediment and be transported to downstream drainages and ultimately into collecting waterways, contributing to degradation of water quality.

Construction materials and waste handling, and the use of construction equipment, could also result in stormwater contamination and impact water quality. Spills or leaks from heavy equipment and machinery can result in oil and grease contamination. The potential demolition of buildings to allow for redevelopment activities, and the removal of waste material during construction could also result in tracking of dust and debris and release of contaminants in existing structures. Staging areas or building City of Newport Beach General Plan Update EIR 4.7-27

sites can also be the source of pollution due to the use of paints, solvents, cleaning agents, and metals during construction. Pesticide use (including herbicides, fungicides, and rodenticides) associated with site preparation is another potential source of stormwater contamination. Larger pollutants, such as trash, debris, and organic matter could also be associated with construction activities. Water quality degradation could result in health hazards and aquatic ecosystem damage associated with bacteria, viruses, and vectors.

Sediments and contaminants may be transported throughout site runoff to downstream drainages and ultimately into the collecting waterways, and potentially into the Pacific Ocean, thereby affecting surface water and off -shore water quality.

Construction activities could include road improvements and realignments, installation and realignment of utilities, demolition of existing structures for new development or replacement, new development, and the potential replacement of facilities. Areas that disturb one or more acres of land surface are subject to the Construction General Permit, 99-08-DWQ adopted by the State Water Resources Control Board (SWRCB). Preparation of a Stormwater Pollution Prevention Plan (SWPPP) is required for compliance with the NPDES General Construction Stormwater Activity Permit. Compliance with the permit would involve filing a Notice of Intent with the SWRCB and preparing and submitting a SWPPP prior to construction activities. The SWPPP must describe the site, the facility, erosion and sediment controls, runoff water quality monitoring, means of waste disposal, implementation of approved local plans, control of construction sediment and erosion control measures, maintenance responsibilities, and nonstormwater management controls. Inspection of construction sites before and after storms is required to identify stormwater discharge from the construction activity and to identify and implement controls where necessary. The Construction General Permit requirements would need to be satisfied prior to beginning construction on any project located on a site greater than one acre. Certain other projects require the preparation of a Water Quality Management Plan (WQMP).

Water quality degradation from construction would be specific to each site within the project area, and depend largely on the areas affected and the length of time soils are subject to erosion, and construction activities on -site. All development would be subject to regional and local regulations, including Chapter

14.36 of the Municipal Code. Under the provisions of this chapter, any discharge that would result in or contribute to degradation of water quality via stormwater runoff is prohibited. Contractors constructing new development or redevelopment projects are required comply with provisions set forth in the DAMP, including the implementation of appropriate BMPs identified in the DAMP, to control stormwater runoff so as to prevent any deterioration of water quality that would impair subsequent or competing beneficial uses of the water.

Typical BMPs that could be incorporated into the SWPPP or a WQMP would include, but are not limited to, the following:
■ Diversion of off -site runoff away from the construction site ■ Vegetation of proposed landscaped/grassed swale areas as soon as feasible following grading activities
■ Revegetation of exposed soil surfaces as soon as feasible following grading activities ■ Perimeter straw wattles to prevent off -site transport of sediment

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■ Drop inlet protection (filters and sand bags or straw wattles), with sandbag check dams within paved roadways
■ Regular watering of exposed soils to control dust during construction ■ Specifications for construction waste handling and disposal ■ Contained equipment wash -out and vehicle maintenance areas ■ Erosion and sedimentation control measures maintained throughout the construction period ■ Stabilized construction entrances to avoid trucks from imprinting debris on City roadways ■ Training of subcontractors on general site housekeeping Furthermore, City officers are given the authority to inspect facilities and perform sampling in areas with evidence of storm water contamination, illicit discharges of non-stormwater to the storm drain system, or similar factors. City officers may also establish conditions and requirements related to the reduction or elimination of pollutants in stormwater runoff from a given site within the project area and require the contractor's compliance.

Both the SWPPP and provisions for obtaining a grading permit require approval of an erosion control plan. The erosion control plan could include measures such as limitations on grading during the dry season and construction discharges, as well as requirements for soil stabilization and use of sediment traps. Unless waived by the City's Building Official, soil engineering and engineering geology reports would also be prepared and submitted for any grading permit application. The recommendations contained in the approved geotechnical reports, which may include measures associated with erosion control, would be incorporated into the grading plans and would become conditions of the grading permit.

The proposed General Plan Update also includes policies designed to minimize stormwater and erosional impacts during construction. Policy NR 3.10 requires new development applications to include a WQMP to minimize runoff during construction. Policies NR 3.11, NR 3.12, and NR 4.4 require improvement and implementation of BMPs to prevent or minimize erosion during construction.

Of particular concern is development adjacent to sensitive habitat areas. This includes Banning Ranch and the Caltrans Remnant property. Banning Ranch is located north and east of Semeniuk Slough, a recognized Environmentally Sensitive Area. Caltrans Remnant property, located between MacArthur Boulevard and SR 73, north of San Diego Creek, is adjacent to wetlands on the Circulation Improvement and Open Space Agreement (CIOSA) open space property southwest of the Jamboree and MacArthur intersection. Grading associated with construction adjacent to these areas has the potential, if not properly regulated, to temporarily increase erosion and subsequent deposition of soil particles into the sensitive habitat. Runoff produced during and after construction is subject to National Pollution Discharge Elimination System Regulations, as well as local water quality and runoff standards, including the DAMP. Projects disturbing greater than one acre would be required to prepare and implement a SWPPP, which would require BMPs, such as prevention of stormwater from flowing over unprotected slopes, sandbagging around appropriate borders of the project area, temporary catch basins, and hay bales to prevent additional runoff and/or sediment from washing into the adjacent wetland areas.

Disturbed areas would also be stabilized as quickly as possible, using biotechnical techniques. In addition, California Stormwater BMPs for Construction Activity, as prepared by the California State Stormwater Quality Task Force, would also need to be incorporated into the construction plans.

City of Newport Beach General Plan Update EIR 4.7-29

Compliance with regulations discussed above would reduce the risk of water degradation within the City from soil erosion related and construction activities. Since violations of water quality standards would be minimized, impacts to water quality from construction activities within the Planning Area would be less than significant.

Operation
Operation of future developments to occur under the proposed General Plan Update would result in the addition of contaminants into both the stormwater runoff entering the City's drainage system and the wastewater stream entering the local wastewater collection and treatment systems. Future developments would increase the amount of impervious surfaces within the City, which could potentially increase stormwater runoff. In addition, the operation of new land uses could result in the release of contaminants that would further degrade the quality of the stormwater runoff and wastewater.

The proposed General Plan Update would allow infill development throughout the Planning Area, consistent with existing land use patterns, intensities and building types. The Update also would concentrate new development and redevelopment in several specified subareas: Newport Center/Fashion Island, Balboa Village, Balboa Peninsula, West Newport Mesa, West Newport Highway, Mariners' Mile, and the Airport Area, areas that are already largely developed. The potential for infill development to contribute to polluted runoff would be minimal. The primary area of vacant land in the planning area is Banning Ranch, where it is possible that new development would occur and would result in additional urban runoff. This area is adjacent to Semeniuk Slough, a recognized Environmentally Sensitive Area. The Caltrans Remnant property is also adjacent to potential wetlands, located on the CIOSA open space parcel. Runoff from urban development typically contains contaminants such as oil, grease, metals, and landscaping chemicals (pesticides, herbicides, fertilizers, etc.). These contaminants could be transported by stormwater runoff into the City's drainage system and ultimately degrade surface water and groundwater quality.

In addition to stormwater runoff, polluted wastewater would be discharged by development under the proposed General Plan Update. Although the proposed land use changes would eliminate much of the existing industrial uses and related industrial wastewater discharges throughout the Planning Area, the increase in residential land uses would result in increases in wastewater contaminated with household chemicals. Proposed development would include household wastewater that discharges to the local wastewater systems. Depending on the wastewater service provider (City, IRWD, or Costa Mesa Sanitary District), discharges originating from these facilities would be treated either at one of OCSD's two treatment plants and discharged to the Pacific Ocean or at the Michelson Water Reclamation Plan in Irvine and reclaimed for irrigation, industrial, and non -potable domestic uses. In addition, OCSD reclaims wastewater for landscape irrigation and injection into the groundwater seawater intrusion barrier. These wastewater treatment plants must discharge effluent at levels acceptable by State and Federal standards. Section 4.14 (Utilities and Service Systems) contains a more detailed description of the wastewater services provided to the Planning Area.

Under the Basin Plan for the Santa Ana River Basin, which establishes water quality objectives and standards for both surface and groundwater of the region, water quality discharge requirements meeting

4.7-30 City of Newport Beach General Plan Update EIR

area -wide surface water use objectives are established as permit requirements by the SARWQCB during permitting for operations of proposed developments. Under the SARWQCB's NPDES permit system, all existing and future municipal and industrial discharges to surface waters within the City would be subject to regulations. NPDES permits are required for operators of MS4s, construction projects, and industrial facilities. These permits contain limits on the amount of pollutants that could be contained in each facility's discharge. Specifically, all development within the City would be subject to the provisions of the City's NPDES MS4 Permit and the Orange County DAMP.

Developments within the City would also be subject to the provisions in Chapter 14.36 (Water Quality) of the City of Newport Beach Municipal Code. Under the provisions of this chapter, any discharge that would result in or contribute to degradation of water quality via stormwater runoff is prohibited. As is required for construction activities, operation of new development or redevelopment projects are required comply with provisions set forth in the DAMP, including the implementation of appropriate BMPs identified in the DAMP, to control stormwater runoff so as to prevent any deterioration of water quality that would impair subsequent or competing beneficial uses of the water. These structural BMPs would include a range of methods, including but not limited to hydrodynamic devices, swales/biofilters, basins, and various filters. Appropriate nonstructural BMPs listed in the DAMP that may be used on site to control typical runoff pollutants include tenant/homeowner education, activity restrictions, common area landscape management, BMP maintenance, common area litter and animal waste control, catch basin inspection, employee training, private street/lot sweeping, smart irrigation controllers to avoid over -watering, and use of native drought -tolerant landscaping. In addition, where concerns of runoff into adjacent sensitive areas adjacent to potential new development, such as Banning Ranch and Caltrans Remnant property, exist, operational discharges would be expected to be conveyed away from the sensitive habitat areas, consistent with Policy NR 3.6, which requires that development not result in the degradation of natural water bodies. The DAMP would also include requirements that would avoid degradation of the adjacent habitat. Furthermore, City officers are given the authority to inspect facilities and perform sampling in areas with evidence of storm water contamination, illicit discharges of non- stormwater to the storm drain system, or similar factors.

In an effort to further ensure the protection of the City's water quality, the proposed General Plan Update has established three goals; the enhancement and protection of water quality of all natural water bodies, the maintenance of water quality standards through compliance with TMDL standards, and minimization of adverse effects to water quality from sanitary sewer outflows. Policies NR 3.1 through NR 5.4 would achieve these goals by limiting the use of landscape chemicals detrimental to water quality, requiring development to result in no degradation of natural water bodies, requiring new development applications to include a WQMP to minimize construction and post -construction runoff, implementing and improving BMPs, requiring all street drainage systems to be designed to minimize adverse impacts on water quality, requiring grading/erosion control plans with structural BMPs that prevent or minimize erosion, and renovating all older sewer pump station and installing new plumbing according to most recent standards. Implementation of Policy NR 3.21 contained in the proposed General Plan Update would minimize the creation of and increase in impervious surfaces, while increasing the area of pervious surfaces, where feasible. Policy NR 5.2 would regulate food preparation facilities that produce grease as waste dischargers, and they and would be required to obtain waste discharge permits. For a complete list City of Newport Beach General Plan Update EIR 4.7-31

of proposed General Plan Update Policies regarding water quality, see Proposed General Plan Update Policies below.

Compliance with NPDES permits requirements, the Orange County DAMP, the City's Municipal Code, and General Plan Policies would reduce the risk of water degradation within the City from the operation of new developments to the maximum extent practicable. Therefore, since violation of waste discharge requirements or water quality standards would be minimized, this impact would be less than significant.

Threshold Would the proposed project substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level? Impact 4.7-2 Development of the proposed General Plan Update could create additional impervious surfaces, which could interfere with groundwater recharge.

Development could substantially deplete groundwater supplies or interfere substantially with groundwater recharge.

Construction
Construction activities would primarily occur as part of infill/redevelopment, with the exception of the potential for development on Banning Ranch. The City is not located within an identified recharge area, as recharge primarily occurs in the upper portions of the Basin.62 Because the Planning Area is near the coast, the groundwater table underlying the Planning Area is shallow and can occur as little as 50 feet below ground surface. Pile driving, dewatering, and other construction activities that would encounter groundwater could potentially occur. While the insertion of support and foundation structures in the groundwater may reduce the storage capacity of groundwater, the displaced volume would not be substantial relative to the volume of the Basin. Likewise, while dewatering would remove groundwater, the volume of water removed would not likely be substantial relative to groundwater pumping for water supply. Also, water used during construction for cleaning, dust control, and other uses would be nominal. Thus, construction activities would not substantially deplete groundwater supplies nor interfere substantially with groundwater recharge. This impact is considered less than significant.

Operation
As discussed in Existing Conditions, above, the Orange County Groundwater Basin underlies the northwestern portion of the Planning Area, and provides groundwater for much of central and north Orange County, including the Newport Beach Planning Area. The OCWD manages the Basin with a total capacity of approximately 38,000,000 AF. Recharge to the Basin is derived from percolation of Santa Ana River flow, infiltration of precipitation, and injection into wells. New development occurring 62 OCWD. 2004. Groundwater Management Plan. March.

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from implementation of the proposed General Plan Update would increase the demand for groundwater as supplied by the City, IRWD, and Mesa Consolidated Water District (Mesa). As analyzed in Section

4.14 (Utilities and Service Systems) under Impact 4.14.1-1, the City's Water Supply Plan, which accounts for demand resulting from implementation of the proposed General Plan Update, states that projected groundwater supplies will meet projected demand throughout the City The Natural Resources Element of the proposed General Plan Update identifies goals and related policies designed to minimize water consumption and expand the use of alternative water sources to provide adequate water supplies for present use and future growth. See Chapter 4.14 (Utilities and Service Systems), Section 4.14.1 (Water Supply) for the complete list of proposed water supply policies. Implementation of these policies would ensure water conservation and reduce potential impacts to groundwater supply. As such, increased demand for groundwater supply within the City under the proposed General Plan Update would not substantially deplete groundwater supplies. This impact is considered less than significant.

Intensification of development and addition of impervious surfaces as a result of implementation of the proposed General Plan Update would not interfere with groundwater recharge. Recharge to the Basin is derived from (1) percolation of Santa Ana River flow, (2) injection into wells, (3) and infiltration of precipitation. Implementation of the proposed General Plan Update would not interfere substantially with percolation of Santa Ana River flow because the planning subareas targeted for development are not on and would not deplete the flow of the Santa Ana River. Also, because the Planning Area is at the outlet of the Santa Ana River, activities within the Planning Area do not greatly contribute to the river's flow. Injection wells in the County are operated and managed by OCWD. There are no injection wells located within the City. Thus, implementation of the proposed General Plan Update would not substantially interfere with injection into wells. The proposed General Plan Update could affect groundwater recharge by reducing the infiltration of precipitation by adding impervious surfaces.

New development on vacant lands would reduce the amount of pervious surfaces within the Planning Area. However, the City is not identified as a key area of groundwater recharge. The proposed General Plan Update would allow infill development throughout the Planning Area, consistent with existing land use patterns, intensities and building types. The Update also would concentrate new development and redevelopment in several specified subareas: Newport Center/Fashion Island, Balboa Village, Balboa Peninsula, West Newport Mesa, West Newport Highway, Mariners' Mile, and the Airport Area. These areas are already developed with existing uses and impervious surfaces. The primary area of vacant land in the planning area is Banning Ranch, where it is possible that new development would occur. Similar to the remainder of the City, this site is not a groundwater recharge area. Therefore, new development would not substantially affect groundwater recharge. Potential impacts to groundwater recharge would be less than significant.

Threshold Would the proposed project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? Impact 4.7-3 Development under the proposed General Plan Update could alter the existing drainage pattern of the Planning Area and potentially result in erosion and siltation.

City of Newport Beach General Plan Update EIR 4.7-33

Construction
Construction activities under the proposed General Plan Update would involve stockpiling, grading, excavation, dredging, paving, and other earth -disturbing activities resulting in the alteration of existing drainage patterns. These types of activities would constitute a temporary alteration of drainage patterns.

The proposed General Plan Update includes policies designed to minimize stormwater and erosional impacts during construction. Policy NR 3.10 requires new development applications to include a WQMP to minimize runoff during construction. Implementation of this policy would, in turn, minimize runoff - induced erosion. Policies NR 3.11, NR 3.12, and NR 4.4 require improvement and implementation of BMPs to prevent or minimize erosion during construction. Compliance with this Federal regulation would minimize the potential for construction activities to alter natural drainages via the deposition of sediments. In addition, as described in Impact 4.7-1, above, compliance with SWRCB's NPDES General Construction Activity Stormwater Permit, NPDES MS4 regulations, and the City's Municipal Code would reduce the risk of short-term erosion resulting from drainage alterations during construction to a less -than -significant impact.

Operation
Development under the proposed General Plan Update would result in alterations to drainage, such as changes in ground surface permeability via paving, changes in topography via grading and excavation.

Impact 4.7-1 discusses applicable regulations that would limit pollutant discharges from proposed development under the General Plan. NPDES permit requirements would be imposed on applicable projects to limit pollutant discharges. Further, all development within the City would be subject to the provisions of the City's NPDES MS4 Permit and the Orange County DAMP. DAMP provisions including the implementation of appropriate BMPs including a range of methods that could minimize off -site erosion, including but not limited to hydrodynamic devices, swales/biofilters, basins, and various filters.

The proposed General Plan Update includes policies designed to minimize post -construction erosional impacts. These policies include NR 3.10, NR 3.11, NR 4.4, NR 3.20, S 5.3, NR 3.16, and NR 3.21. These policies require preparation of a WQMP, implementation of BMPs, incorporation of stormwater detention facilities, design of drainage facilities to minimize adverse effects on water quality, and minimization of increases in impervious areas. Implementation of these policies would reduce the volume sediment -laden runoff discharging from sites within project area. Therefore, compliance with NPDES regulations, the City's Municipal Code, and CDFG regulations in addition to implementation of the proposed General Plan Update Policies identified in this impact analysis would reduce the risk of erosion resulting from drainage alterations during the operation of new developments to a less -than - significant impact.

For a description of non -runoff -induced erosion hazards and impacts, see Section 4.5 (Geology and Soils).

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Threshold Would the proposed project 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 which would result in flooding on- or off -site?
Threshold Would the proposed project create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? Impact 4.7-4 Development under the proposed General Plan Update could alter the existing drainage pattern of the Planning Area and potentially result in increased downstream flooding through the addition of impervious surfaces, exceeding the capacity of existing or planned stormwater drainage systems, or providing substantial additional sources of polluted runoff.

Planning subareas where land use changes or new development or redevelopment could occur, and other areas of the City where infill development could occur, under the proposed General Plan Update would generally result in infill development or redevelopment, with the main exception of Banning Ranch. As such, most of the planning subareas would not result in new development that would substantially alter drainage patterns because these areas are already developed with existing uses and impervious surfaces.

However, development of land that may currently be vacant and covered with permeable surfaces, such as bare soil or vegetation may occur. The primary area that would experience increased runoff from implementation of the proposed General Plan Update would be in the Banning Ranch area, if it is developed.

Increased impervious surfaces would increase stormwater runoff in the City. This increased runoff could exceed the capacity of existing and planned infrastructure and cause downstream flooding impacts. As described in Existing Conditions, the existing drainage system throughout the City is not adequate for existing needs. The City's SDMP, completed in 2000, evaluated the deficiencies in the City's existing storm drain system and proposed upgrades. Most of the proposed upgrades are the result of increased development in drainage areas due to development since the design of the original system. The SDMP primarily addressed drainage deficiencies existing in 2000 and did not include upgrades that would be necessary with implementation of the proposed General Plan Update. However, according to the SDMP upgrades were proposed in most of the subareas, including small upgrades in the Airport Area.

Improvements to Banning Ranch were not included in the SDMP.

The proposed General Plan Update policies identified in Impact 4.7-3, above, designed to minimize stormwater runoff would also apply to runoff -related flooding impacts. These policies include NR 3.10, NR 3.11, NR 4.4, NR 3.20, S 5.3, NR 3.16, and NR 3.21. These policies require preparation of a WQMP, implementation of BMPs, incorporation of stormwater detention facilities, design of drainage facilities to minimize adverse effects on water quality, minimize increases in impervious areas. As analyzed in Impact

4.7-3, implementation of these policies would also reduce the volume of runoff generated, and potential for flooding, throughout the Planning Area.

City of Newport Beach General Plan Update EIR 4.7-35

Additional policies that, if implemented, would minimize flooding are contained in the Safety Element of the proposed General Plan Update. These include Policies S 2.6, S 5.1, and S 5.3 Policies would require storm drain maintenance; mitigation of flood hazards by including onsite drainage systems that are connected to the City's storm drain system, grading of sites within the project area such that runoff does not impact adjacent properties, or elevating buildings above flood levels; and incorporation of stormwater detention basins.

Compliance with the methods and provisions contained in Chapter 15.50 of the City's Municipal Code would also minimize flood hazards resulting from drainage alterations. Specifically, Section 15.50.160 requires that the flood carrying capacity within watercourses proposed for alteration or relocation is maintained. If development proposes changes to drainages, this would occur in compliance with CDFG Streambed Alteration regulations in order to maintain drainage patterns. Therefore, implementation of the proposed General Plan Update policies and compliance with NPDES regulations, the City's Municipal Code, and CDFG regulations would reduce the risk of flooding resulting from drainage alterations to a less -than -significant impact.

Operation of the proposed General Plan Update would degrade runoff water quality by contributing chemicals associated with household, commercial, transportation, and landscape uses. However, activities during operation of the proposed developments would not provide additional sources of polluted runoff apart from those described in Impact 4.7-1, above. This impact would be less than significant.

Threshold Would the proposed project require or result in the construction and/or expansion of new storm drain infrastructure that would cause significant environmental effects?
Impact 4.7-5 Increases in stormwater runoff could require expansion of existing or construction of new storm drain facilities, the construction of which could result in significant environmental effects.

As described in Existing Conditions, the capacity of the existing storm drain infrastructure throughout the Planning Area is not sufficient to handle existing stormwater flows. Implementation of the upgrades proposed in the City's SDMP would help alleviate existing deficiencies but would not provide adequate infrastructure to support development upon implementation of the proposed General Plan Update.

While development in many urbanized portions of the Planning Area may not substantially exceed existing storm drain facilities, proposed development in currently vacant and underdeveloped areas, such as Banning Ranch, would necessitate of the construction of new or the expansion of existing storm drain infrastructure. Policies contained in the General Plan Update would ensure that new development can be adequately supported by utilities such as storm drainage infrastructure. In adhering to this policy, expansion of existing or construction of new facilities would take place prior to development. To further ensure new facilities are provided, the Public Infrastructure Plan in the proposed General Plan Update specifies that the City and County will review the Storm Drain Master Plan to assure that adequate facilities are provided to serve permitted land use development. As part of this process, the adequacy of facilities serving underdeveloped areas, such as Banning Ranch, will be evaluated to determine future needs.

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Storm drain facility upgrades could result in short-term construction impacts due to earth trenching and other earth moving activities. These impacts would be similar to those described under Impact 4.7-1.

However, the other construction impacts anticipated to result from implementation of the General Plan Update are comprehensively analyzed in Section 4.2 (Air Quality), Section 4.3 (Biological Resources), Section 4.9 (Noise), and Section 4.13 (Transportation/Traffic) of this EIR. It is not anticipated that this construction of necessary storm drainage upgrades in and of itself would result in impacts separate from the General Plan Update. Nonetheless, upgrades, expansion, and construction of necessary utilities to accommodate new development would be subject to project -specific environmental review. Impacts are, therefore, less than significant.

Threshold Would the proposed project otherwise substantially degrade water quality? Impact 4.7-6 Development under the proposed General Plan Update could result in the degradation of groundwater quality.

Construction
The Planning Area is located along the coast and is underlain by a shallow groundwater table. In addition to potential degradation of surface water resources, as analyzed in Impacts 4.7-1 and 4.7-3, above, construction of development under the proposed General Plan Update could result in degradation of groundwater resources. Construction would involve earth -disturbing activities, such as trenching for underground utilities and pile driving for foundations, which could encounter and contaminate groundwater resources. Compliance with Chapter 15.10 of the Municipal Code would ensure that these earth -disturbing activities would not result in adverse groundwater conditions.

In addition, hazardous materials used during construction could contaminate surface water and percolate into the groundwater underlying the project area if the materials are not properly contained. Such risks of contamination would be minimized by implementation of Policy S7.4 of the proposed General Plan Update. This policy also requires remediation of surface water and groundwater impacted by construction activities. If previously unknown groundwater contamination is discovered during new construction activities, Policy NR 3.4 would require the remediation of the groundwater contamination.

As discussed previously, impacts associated with the degradation of groundwater quality during construction activities would be less than significant.

For a description of existing groundwater contamination in the City and an analysis of hazardous materials impacts to groundwater under the proposed General Plan Update, see Section 4.6 (Hazards and Hazardous Materials).

Operation
In coastal groundwater basins, such as the Orange County Groundwater Basin, groundwater quality can be degraded through the intrusion of seawater primarily by pumping for domestic and irrigation water supply. As groundwater is extracted, the ability is created for seawater to migrate into the area from which the groundwater was extracted. For this reason, the injection wells were established along the City of Newport Beach General Plan Update EIR 4.7-37

Alamitos and Talbert gaps, which protect groundwater quality in the upper portions of the Basin, where the majority of the pumping occurs. Degradation of groundwater quality would reduce the groundwater basin yield, diminishing production from existing activities and limiting future groundwater development.

As determined in Impact 4.14.1-1 in Section 4.14 (Utilities and Service Systems) of this EIR, development under the proposed General Plan Update would not be adequately served by the existing water supply; however, it is not anticipated that the construction of new wells would be necessary.

Because operation of the proposed General Plan Update would not substantially increase groundwater pumping, the project would not adversely impact groundwater quality due to saltwater intrusion.

Common sources of groundwater contamination are leaking underground storage tanks, septic systems, oil fields, landfills, and general industrial land uses. Implementation of the proposed General Plan Update would not construct oil fields or landfills and would eliminate 406,000 square feet of industrial land uses throughout the Planning Area. Under Section 19.28.070 of the City's Municipal Code, new subdivisions are prohibited from constructing septic tanks. All lots intended for building development are required to be connected to a public sewer system. Therefore, degradation of groundwater quality from these sources would not result from development under the proposed General Plan Update. For further analysis of hazardous material impacts to groundwater, see Section 4.6 (Hazards and Hazardous Materials).

Implementation of the proposed General Plan Update policies would minimize any other potential sources of water quality degradation. Implementation of Policies NR 3.1 through NR 5.4 work towards enhancement and protection of water quality of all natural water bodies, the maintenance of water quality standards through compliance with TMDL standards, and minimization of adverse effects to water quality from sanitary sewer outflows. Implementation of Policies S 7.1, S 7.4, and S 7.6 of the Safety Element would achieve the goal of minimizing exposure of people and the environment to hazardous materials, including the contamination of groundwater by hazardous materials. Thus, with implementation of the proposed General Plan Update policies and compliance with the Municipal Code, development under the proposed General Plan Update would not otherwise degrade water quality.

Impacts would be less than significant.

Threshold Would the proposed project place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation?
Impact 4.7-7 Development under the proposed General Plan Update could place housing within a 100-year flood zone.

As shown in Figure 4.7-3, the 100-year flood zone is primarily contained in and along the edges of Newport Bay and along the coastline of the Planning Area. Specifically, several of the nine planning subareas targeted for residential development under the proposed General Plan Update he within a 100- year flood zone. Parts of Mariners' Mile, the western portion of Banning Ranch, Balboa Village, Balboa Peninsula, Balboa Island, and West Newport Highway are susceptible to 100-year flood conditions.

Development in Banning Ranch would occur on upland areas, outside of the 100-year flood zone. In other subareas within the 100-year flood zone, residential development already exists, and development

4.7-38 City of Newport Beach General Plan Update EIR

under the proposed General Plan Update would increase the number of multi -family and single-family development units within the 100-year flood zone in these subareas.

The Safety Element of the proposed General Plan Update has established a goal to protect human life and public and private property from the risks of flooding. The Safety Element includes flood policies that, if implemented, would achieve this goal. Under Policy S 5.1, all new development within 100-year flood zones would be required to mitigate flood hazards by including onsite drainage systems that are connected to the City's storm drain system, grading of sites within the project area such that runoff does not impact adjacent properties, or elevating buildings above flood levels. If building pads are elevated out of the floodplain, a Letter of Map Revision (LOMR) would be required from FEMA that certifies the land has been elevated out of the floodplain.

Furthermore, Chapter 15.50 of the City's Municipal Code establishes methods and provisions that would minimize flood damage to residential development. In particular, Section 15.50.200 and 15.50.220 require the lowest floor of residential structures and structures within subdivisions to be elevated to or above the base flood level. Floodproofing measures included in the proposed General Plan Update and existing municipal code would be sufficient to protect new structures from damage in the event of a 100-year flood.

Therefore, impacts of flood hazards to housing developed under the proposed General Plan Update would be less than significant.

Threshold Would the proposed project place within a 100-year flood hazard area structures which would impede or redirect flows?
Impact 4.7-8 Development under the proposed General Plan Update could place structures within a 100-year flood zone, but not in a manner that would substantially impede or redirect flows.

Development under the proposed General Plan Update would include structures that could potentially be placed in a 100-year flood zone. Specifically, several of the nine planning subareas targeted for development under the proposed General Plan Update he within the 100-year flood zone. Parts of Mariners' Mile, the western portion of Banning Ranch, Balboa Village, Balboa Peninsula, Balboa Island, and West Newport Highway are susceptible to 100-year flood conditions. With the exception of Banning Ranch, structures in 100-year flood zones already exist in these subareas. Intensification of development could alter existing passages through which flood waters flow, particularly during a 100-year storm event where rainfall would exceed capacity of storm drain systems.

Flood waters that exceed the capacities of existing and improved drainages would travel by overland flow on any available grounds surface, such as streets, lawns, and spaces between buildings. Intensification of development would increase the area of land covered by structures, leaving less available ground surface area over which flood flows could travel. Building density under the proposed General Plan Update is not anticipated to increase to such an extent that would substantially increase obstructions to flood flows, with the exception of potential development in Banning Ranch. Displacement of flows would also occur City of Newport Beach General Plan Update EIR 4.7-39

where land is elevated out of the floodplain area, which would displace flood waters that would otherwise cover the project area.

A water displacement analysis would be required to investigate the effect of new structural development or fill on flooding depth, pursuant to FEMA regulation 44 CFR 60.3 (c)(10).

Preparation of water displacement analyses where appropriate and compliance with FEMA regulations would ensure that General Plan development would not substantially impede or redirect flows. Impacts would be less than significant.

Threshold Would the proposed project expose people or structures to a significant risk or loss, injury or death involving flooding, including flooding as a result of a levee or dam?
Impact 4.7-9 Development under the proposed General Plan Update could expose people and structures to flood risks.

As described in Existing Conditions, above, several dams are located within and in the vicinity of the City of Newport Beach. Portions of Newport Beach are downstream from Prado Dam, Santiago Creek Reservoir, Villa Park Reservoir, San Joaquin Reservoir, Big Canyon Reservoir, and Harbor View Reservoir (Newport Beach 2004). Dam failure inundation zones in the Planning Area are similar to the 100-year flood zones. That is, areas that would be inundated in the event of dam failure are those that are near the Santa Ana River, San Diego Creek, and Newport Bay. In addition, the stretch of land between Big Canyon Reservoir and Newport Bay is within the Big Canyon Reservoir inundation area. Land within the Harbor View Reservoir inundation area includes several blocks of urban development adjacent to Newport Harbor. Of the nine planning subareas targeted for development under the proposed General Plan Update, portions of Banning Ranch and West Newport Highway he within a dam failure inundation zone. The proposed residential, visitor, and commercial uses identified for these subareas would be subject to dam failure inundation. Because the holding -capacity of dams is greater than that of other structures, failure of other flood control and water storage structures, such as levees and water tanks, would not result in inundation impacts greater than those resulting from dam failure.

The probability of dam failure is low. Development under the proposed General Plan Update would not increase the risk of dam failure, although it would increase the number of persons and amount of development exposed to this hazard. Dam failure could also result due to a seismic event.

Implementation of the flood protection policies contained in the proposed General Plan Update, and existing City Municipal Code, as described in Impact 4.7-8, would minimize the impact of flooding.

These protective measures would also reduce impacts from flooding as a result of dam failure to the extent feasible. Thus, risks associated with flooding, including dam failure inundation, would be less than significantin the Planning Area.

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Threshold Would the proposed project expose people or structures to significant risk or loss, injury or death involving inundation by seiche, tsunami, or mudflow? Impact 4.7-10 Development under the proposed General Plan Update could expose people and structures to flood risks.

As described in Existing Conditions, above, potential risks from seiche and tsunami exist throughout the City. Seiches in large, enclosed bodies of water, such as the reservoirs in the City and, to an extent, Newport Harbor and Newport Bay, would inundate immediate areas surrounding the body of water. Of the nine planning subareas targeted for development under the proposed General Plan Update, Mariners' Mile, Balboa Peninsula, and Balboa Village would be at risk of inundation resulting from seiche in Newport Harbor. Coastal flood hazards, such as tsunamis and rogue waves, would inundate primarily the low-lying areas of the City's coastline, including, but not limited to, the West Newport Highway, Mariners' Mile, Balboa Peninsula, Balboa Island, and Balboa Village subareas. Potential risks from mudflow (i.e., mudslide, debris flow) are also prevalent, as steep slopes exist throughout the City.

Prolonged rainfall during certain storm events would saturate and could eventually loosen soil, resulting in slope failure. Within the Planning Area, the San Joaquin Hills and areas downslope of the bluffs along Upper Newport Bay, Newport Harbor, the Pacific Ocean, and Newport Coast are the most susceptible to mudflow inundation.

Development under the proposed General Plan Update would increase the exposure of people to the low -probability but high -risk events such as seiche, tsunami, and mudflows by increasing development in certain areas of the City, including Mariners' Mile and Banning Ranch. The Safety Element of the proposed General Plan Update has established a goal to minimize adverse effects of coastal hazards related to tsunamis and rogue waves. Implementation of Policies S 1.1 through S 1.5 would achieve this goal by identifying evacuation routes in areas susceptible to tsunami inundation, developing and implementing response plans for adoption by the City's emergency services, and maintaining beach width to provide protection against tsunami run-up, developing and implementing an educational program for people in susceptible areas, and supporting tsunami research. The Safety Element also includes a goal to minimize adverse effects of coastal hazards related to storm surges and seiches. Implementation of Policies S2.1 through S2.7 would achieve this goal by preparing impact reports for shoreline and coastal bluff areas that will be made available to applicants for new development, developing and implementing shoreline management plans, using sand dunes as shoreline protective structures, maintaining storm drains in low-lying areas such that flood waters can be effectively conveyed away from structures, requiring residential structures to raise floor elevations, and enforcing policies that prohibit the construction of hard devices for protection of public property from storm surges.

In addition, implementation of the flood protection policies contained in the Safety Element of the proposed General Plan Update, as described in Impact 4.7-8, would also help minimize the impact of flooding, including flooding as a result of seiche and tsunami inundation. Furthermore, all new development in the City occurring in areas that are subject to flood hazards would be required to comply with the flood damage prevention provisions of the City's Municipal Code. Thus, risks associated with inundation by seiche, tsunami, and mudflow are considered to be less than significant in the Planning Area.

City of Newport Beach General Plan Update EIR 4.7-41

V Cumulative Impacts
Water Quality
The geographic context for the analysis of cumulative impacts associated with water quality is the area covered by the Newport Bay, Newport Coast, Talbert, and San Diego Creek Watersheds, which are described above in Existing Conditions. Buildout of the proposed General Plan Update, in combination with all other development that would occur within the watershed, would involve construction activities, new development from which runoff would discharge into waterways, increases in stormwater runoff from new imperious surfaces, and reduction in groundwater recharge areas. Construction of new development throughout the watersheds could result in the erosion of soil, thereby cumulatively degrading water quality within the watershed. In addition, the increase in impermeable surfaces and more intensive land uses within the Santa Ana Watershed resulting from future development may also adversely affect water quality by increasing the amount of stormwater runoff and common urban contaminants entering the storm drain system. However, new development would be required to comply with existing regulations regarding construction practices that minimize risks of erosion and runoff.

Among the various regulations are the applicable provisions of Orange County Ordinance 3988 (Stormwater Management and Urban Runoff —Orange County Flood Control District Regulations), Best Management Practices, compliance with appropriate grading permits, and NPDES permits. This would minimize degradation of water quality at individual project construction sites. As such, cumulative impacts would be less than significant. Compliance by the City and SOI with applicable SWRCB and RWQCB regulations and the City of Newport Beach Municipal Code, as discussed in Impact 4.7-1, would ensure that water quality is maintained to the maximum extent practicable for new development under the proposed General Plan Update. Thus, impacts associated with water quality from implementation of the proposed General Plan Update would be less than significant, and the proposed General Plan Update would not have a cumulatively considerable contribution to the cumulative effects related to water quality.

Groundwater
The geographic context for the analysis of cumulative impacts associated with groundwater is the area underlain by the Coastal Plain of Orange County Groundwater Basin, which is described in Existing Conditions. Continued development within the Basin could also interfere with groundwater recharge.

New development occurring in vacant areas that currently serve as groundwater recharge areas would reduce recharge potential within the watershed. The potential impacts to groundwater recharge in the City and SOI, as analyzed in Impact 4.7-2, would be less than significant from implementation of the proposed General Plan Update. Although implementation of the proposed General Plan Update would not have a cumulatively considerable contribution to the adverse effects on groundwater recharge in the Basin, the overall growth and development that would take place throughout Basin would directly and/or indirectly result in the loss of groundwater recharge areas. This loss would be mitigated by OCWD via operation of the GRS. Implementation of the GRS would increase groundwater supplies by injecting reclaimed water into the Basin and protecting it against saltwater intrusion. Thus, impacts associated with groundwater from implementation of the proposed General Plan Update would be less

4.7-42 City of Newport Beach General Plan Update EIR

than significant, and the project would not have a cumulatively considerable contribution to the cumulative effects related to groundwater.

Storm Drainage
The existing storm drain system in the City is currently owned and operated by the City, while the Orange County RDMD is responsible for all regional drainage facilities within the County. Since some local storm drain facilities within the City ultimately flow into the County facilities, the geographic context for cumulative impacts is the Orange County. Buildout of the proposed General Plan Update, in combination with all other development that would occur within the County, would involve development that would increase stormwater runoff from new impervious surfaces. This increased development would require the construction of new, or expansion of existing, storm drain facilities; however, all new development would be required to comply with existing State and local regulations regarding construction and operation practices that minimize the amount of stormwater runoff that enters the storm drain system. In addition, the proposed General Plan Update policies require that adequate storm water conveyance and storage control facilities be maintained and/or constructed for all development. As such, the project's contribution to the cumulative effects related to storm drains as well as the overall cumulative impact within the County would be less than significant.

Flood Hazards
The geographic context for the analysis of cumulative impacts associated with flooding hazards is the area covered by the Newport Bay, Newport Coast, Talbert, and San Diego Creek Watersheds, which are described above in Existing Conditions. Cumulative growth and development throughout the watersheds could result in the introduction of new structures and impervious surfaces that would increase stormwater runoff, which could subsequently lead to increased flood hazards. However, it is anticipated that applicable State and local regulations would prevent the placement of housing and structures in 100- year flood hazard areas unless flood control improvements are made to reduce the risk from 100-year floods. Within Orange County, for instance, future development that could potentially affect floodwater conveyance, which in turn could adversely affect pubic health and general safety, would be subject to the requirements of the OCFCD, County General Plan policies related to flood hazards, and other cities' flood plain management ordinances. As such, this cumulative impact would be less than significant.

The proposed project's contribution to cumulative impacts associated with flood hazards in the Newport Bay, Newport Coast, Talbert, and San Diego Creek Watersheds would be less than significant.

Cumulative development in the watershed would not expose people or structures to a significant risk of loss, injury, or death involving flooding or inundation. Although cumulative development could potentially result in increases in the number of people living in potential dam, levee, seiche, tsunami, and mudflow inundation areas, the occurrence of these events at a catastrophic level is considered remote. In addition, it is anticipated that applicable policies related to inundation hazards from the general plans of each jurisdiction encompassed by the watershed would ensure that development would be protected against potential structural failures and severe weather conditions. The Orange County General Plan, for instance, has a policy to identify areas subject to dam failure inundation. Implementation of this policy would ensure that applications for future development in Orange County would be aware of significant City of Newport Beach General Plan Update EIR 4.7-43

adverse impacts from dam failure. Thus, this cumulative impact would be less than significant.

Therefore, the proposed General Plan Update's contribution to cumulative impacts associated with the potential failure of a dam would be less than significant. ■ Proposed General Plan Update Policies
The Natural Resources and Safety Elements of the proposed General Plan Update include policies that would address issues related to hydrology and water quality. The policies that are applicable to the project are included below. Policies identified below that are also contained in the Harbor and Bay Element are denoted with an "HB".

Natural Resources Element
Water Quality
Goal NR 3 Enhancement and protection of water quality of all natural water bodies, including coastal waters, creeks, bays, harbors, and wetlands. (Goal HB8) Policy NR 3.1 Information and Education on Water Quality Issues Support the development of a model (physical and/or mathematical) of the Bay and coastline that provides information regarding the nature and extent of the water quality problem and enables prediction of the effects of changes on the entire system. (Policy HB8.1)
Policy NR 3.2 Chemical Use Impacts
Support regulations limiting or banning the use insecticides, fertilizers, and other chemicals which are shown to be detrimental to water quality. (Policy HB8.2)
Policy NR 3.3 Water Pollution Prevention
Promote pollution prevention and elimination methods that minimize the introduction of pollutants into natural water bodies. (Policy HB8.3) Policy NR 3.4 Ground Water Contamination
Suspend activities and implement appropriate health and safety procedures in the event that previously unknown groundwater contamination is encountered during construction. Where site contamination is identified, implement an appropriate remediation strategy that is approved by the City and the state agency with appropriate jurisdiction. (Policy HB8.4)

4.7-44 City of Newport Beach General Plan Update EIR

Policy NR 3.5 Storm Sewer System Permit
Require all development to comply with the regulations under the City's municipal separate storm sewer system permit under the National Pollutant Discharge Elimination System. (Policy HB8.5)
Policy NR 3.6 Natural Water Bodies
Require that development not result in the degradation of natural water bodies. (Policy HB8.6)
Policy NR 3.7 Watershed Runoff Quality Control
Support and participate in watershed -based runoff reduction, water quality control, and other planning efforts with the California Regional Water Quality Control Board (RWQCB), the County of Orange, and upstream cities. (Policy HB8.7)
Policy NR 3.8 Newport Beach Water Quality Ordinance
Update and enforce the Newport Beach Water Quality Ordinance. (Policy HB8.8)
Policy NR 3.9 Permit Review Process
Develop and maintain a water quality checklist to be used in the permit review process to assess potential water quality impacts. (Policy HB8.9) Policy NR 3.10 Water Quality Management Plan
Require new development applications to include a Water Quality Management Plan (WQMP) to minimize runoff from rainfall events during construction and post -construction. (Policy HB8.10)
Policy NR 3.11 Best Management Practices
Implement and improve upon Best Management Practices (BMPs) for residences, businesses, development projects, and City operations. (Policy HB8.11)
Policy NR 3.12 Site Design and Source Control
Include site design and source control BMPs in all developments. When the combination of site design and source control BMPs are not sufficient to protect water quality as required by the National Pollutant Discharge Elimination System (NPDES), structural treatment BMPs will be implemented along with site design and source control measures. (Policy HB8.12) Policy NR 3.13 Reduction of Infiltration
Include equivalent BMPs that do not require infiltration, where infiltration of runoff would exacerbate geologic hazards. (Policy HB8.13) City of Newport Beach General Plan Update EIR 4.7-45

Policy NR 3.14 Natural Wetlands
Promote the use of natural wetlands to improve water quality. (Policy HB8.14) Policy NR 3.15 Runoff Reduction on Private Property
Retain runoff on private property to prevent the transport of pollutants into recreational waters, to the maximum extent practicable. (Policy HB8.15) Policy NR 3.16 Street Drainage Systems
Require all street drainage systems and other physical improvements created by the City, or developers of new subdivisions, to be designed, constructed, and maintained to minimize adverse impacts on water quality. Investigate the possibility of treating or diverting street drainage to minimize impacts to water bodies. (Policy HB8.16)
Policy NR 3.17 Siting of New Development
Require that development be located on the most suitable portion of the site and designed to ensure the protection and preservation of natural and sensitive site resources that provide important water quality benefits. (Policy HB8.17) Policy NR 3.18 Parking Lots and Rights -of -Way
Require that parking lots, and public and private rights -of -way be maintained and cleaned frequently to remove debris and contaminated residue. (Policy HB8.18)
Policy NR 3.19 Water Quality Education
Effectively communicate water quality education to residents and businesses, including the development of a water quality testing lab and educational exhibits at various educational facilities. (Policy 1-1138.19) Policy NR 3.20 Natural Drainage Systems
Require incorporation of natural drainage systems and stormwater detention facilities into new developments, where appropriate and feasible, to retain stormwater in order to increase groundwater recharge. (Policy HB8.20) Policy NR 3.21 Impervious Surfaces
Require new development and public improvements to minimize the creation of and increases in impervious surfaces, especially directly connected impervious areas, to the maximum extent practicable. Require redevelopment to increase area of pervious surfaces, where feasible. (Policy HB8.21)

4.7-46 City of Newport Beach General Plan Update EIR

Goal NR 4 Maintenance of water quality standards through compliance with the total maximum daily loads (TMDLs) standards
Policy NR 4.1 Total Maximum Daily Loads
Develop and implement the TMDLs established by the RWQCB, Santa Ana Region and guided by the Newport Bay Watershed Executive Committee (WEC).

Policy NR 4.2 Funding for Restoration and Dredging Projects Secure funding for the Upper Newport Bay Ecosystem Restoration Project and long-term funding for successor dredging projects for Upper and Lower Newport Bay.

Policy NR 4.3 Restore Natural Hydrologic Conditions
Preserve, or where feasible, restore natural hydrologic conditions such that downstream erosion, natural sedimentation rates, surface flow, and groundwater recharge function near natural equilibrium states.

Goal NR 4 Maintenance of water quality standards through compliance with the total maximum daily loads (TMDLs) standards.

Policy NR 4.4 Erosion Minimization
Require grading/erosion control plans with structural BMPs that prevent or minimize erosion during and after construction for development on steep slopes, graded, or disturbed areas.

Goal NR 5 Sanitary Sewer Outflows —Minimal adverse effects to water quality from sanitary sewer outflows
Policy NR5.1 City Sewer Management and Master Plans
Implement the Sewer System Management Plan and the Sewer Master Plan.

Policy NR 5.2 Waste Discharge Permits
Require waste discharge permits for all food preparation facilities that produce grease.

Policy NR 5.3 Sewer Pump Stations
Renovate all older sewer pump stations and install new plumbing according to most recent standards.

City of Newport Beach General Plan Update EIR 4.7-47

Policy NR 5.4 Waste Discharge Permits
Comply with the RWQCB's Waste Discharge Requirements (WDRs) associated with the operation and maintenance of the City's sewage collection system.

Land Use Element
Goal LU 2 A living, active, and diverse environment that complements all lifestyles and enhances neighborhoods, without compromising the valued resources that make Newport Beach unique. It contains a diversity of uses that support the needs of residents, sustain and enhance the economy, provide job opportunities, serve visitors that enjoy the City's diverse recreational amenities, and protect its important environmental setting, resources, and quality of life.

Policy LU 2.8 Adequate Infrastructure
Accommodate the types, densities, and mix of land uses that can be adequately supported by transportation and utility infrastructure (water, sewer, storm drainage, energy, and so on) and public services (schools, parks, libraries, seniors, youth, police, fire, and so on).

Goal LU 3 A development pattern that retains and complements the City's residential neighborhoods, commercial and industrial districts, open spaces, and natural environment.

Policy LU 3.4 Banning Ranch
Prioritize the retention of Banning Ranch as an open space amenity for the City and region, consolidating oil operations, enhancing wetland and other habitats, and providing parkland amenities to serve nearby neighborhoods. If the property cannot be acquired in a timely manner, allow for the development of a compact residential village that preserves the majority of the site as open space and restores critical habitat in accordance with Policies 6.3.1 through

6.5.5. Goal LU 6.4 If acquisition for open space is not successful, a high -quality residential community with supporting uses that provides revenue to restore and protect wetlands and important habitats.

Policy LU 6.4.10 Sustainable Development Practices
Require that any development of Banning Ranch achieve high levels of environmental sustainability that reduce pollution and consumption of energy, water, and natural resources to be accomplished through land use patterns and densities, site planning, building location and design, transportation and utility infrastructure design, and other techniques. Among the strategies that should be considered are the concentration of development, reduction of vehicle

4.7-48 City of Newport Beach General Plan Update EIR

trips, use of alternative transportation modes, maximized walkability, use of recycled materials, capture and re -use of storm water on -site, water conserving fixtures and landscapes, architectural elements that reduce heat gain and loss, and preservation of wetlands and other habitats.

Safety Element
Coastal Hazards
Minimization of Tsunamis and Rogue Wave Hazards
Goal S1 Adverse effects of coastal hazards related to tsunamis and rogue waves to people and property are minimized.

Policy S 1.1 Evacuation Routes
Review local and distant tsunami inundation maps for Newport Beach and adjacent coastal communities as they are developed to identify susceptible areas and plan evacuation routes.

Policy S 1.2 Evacuation Response Plans
Participate in any regional effort to develop and implement workable response plans that the City's emergency services can adopt immediately for evacuation in the case of a tsunami warning.

Policy S 1.3 Beach Replenishment
Continue projects like the Surfside-Sunset/West Newport Beach Replenishment program to maintain beach width. Wide beaches provide critical protection against tsunami run-up for structures along the oceanfront.

Policy S 1.4 Education Program
Develop and implement a tsunami educational program for residents, visitors, and people who work in the susceptible areas.

Policy S 1.5 Tsunami Research
Support tsunami research in the Newport Beach offshore and Newport Bay areas.

City of Newport Beach General Plan Update EIR 4.7-49

Minimization of Storm Surge and Seiche Hazards
Goal S2 Adverse effects of coastal hazards related to storm surges and seiches to people and property are minimized.

Policy S 2.1 Wave Up -Rush and Impact Reports
Prepare and periodically update (every 5 years) comprehensive wave up -rush and impact reports for shoreline and coastal bluff areas subject to wave action that will be made available to applicants for new development on a beach or coastal bluff property.

Policy S 2.2 Shoreline Management Plans
Develop and implement shoreline management plans for shoreline areas subject to wave hazards and erosion. Shoreline management plans should provide for the protection of private property, public improvements, coastal access, public opportunities for coastal recreation, and coastal resources.

Policy S 2.3 Use of Temporary Shoreline Protection
Continue to utilize temporary sand dunes in shoreline areas to protect buildings and infrastructure from wave up -rush, while minimizing significant impacts to coastal access and resources.

Policy S 2.4 Use of Existing Shoreline Protection
Encourage the use of existing sand dunes with native vegetation as a protective device in beach areas.

Policy S 2.5 Shoreline Protection Alternatives
Encourage the use of nonstructural methods, such as dune restoration and sand nourishment, as alternatives to shoreline protective structures.

Policy S 2.6 Maintenance of Storm Drains
Maintain and regularly clean out storm drains in low lying areas, as necessary, such that flood waters can be effectively conveyed away from structures.

Policy S 2.7 Residential Design
Require new or remodel of residential structures in areas susceptible to storm surge to raise floor elevations as required by building codes.

4.7-50 City of Newport Beach General Plan Update EIR

Minimization of Coastal Erosion Hazard
Goal S3 Adverse effects of coastal erosion to people and property are minimized.

Policy S 3.1 Coastal Hazard Studies
Prepare and periodically update comprehensive studies of seasonal and long- term shoreline change, episodic and chronic bluff retreat, flooding, and local changes in sea levels, and other coastal hazard conditions.

Policy S 3.2 Beach Width Monitoring
Continue to monitor beach width and elevations and analyze monitoring data to establish approximate thresholds for when beach erosion or deflation will reach a point that it could expose the backshore development to flooding or damage from storm waves. (Policy HB 13.5)
Policy S 3.3 Maintenance of Beach Width and Elevations
Develop and implement a comprehensive beach replenishment program to assist in maintaining beach width and elevations. Analyze monitoring data to determine nourishment priorities, and try to use nourishment as shore protection, in lieu of more permanent hard shoreline armoring options. (Policy HB 13.4)
Policy S 3.4 Minimization of Shoreline Process Effects
Maintain existing groin fields and jetties and modify as necessary to eliminate or mitigate adverse effects on shoreline processes.

Policy S 3.5 Protection of Coastal -Dependent Uses
Permit revetments, breakwaters, groins, harbor channels, seawalls, cliff retaining walls and other structures altering natural shoreline processes or retaining walls when required to serve coastal -dependent uses or to protect existing structures or public beaches in danger from erosion and when designed to eliminate or mitigate adverse impacts on local shoreline sand supply.

Policy S 3.6 Siting of Shoreline Protective Devices
Design and site protective devices to minimize impacts to coastal resources, minimize alteration of natural shoreline processes, provide for coastal access, minimize visual impacts, and eliminate or mitigate adverse impacts on local shoreline sand supply.

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Policy S3.7 Shoreline Protective Devices on Public Land Discourage shoreline protective devices on public land to protect private property/development. Site and design any such protective devices as far landward as possible.

Policy S 3.8 Shoreline Protective Device Use
Limit the use of protective devices to the minimum required to protect existing development and prohibit their use to enlarge or expand areas for new development or for new development. "Existing development" for purposes of this policy shall consist only of a principle structure, e.g. residential dwelling, required garage, or second residential unit, and shall not include accessory or ancillary structures such as decks, patios, pools, tennis courts, cabanas, stairs, landscaping etc.

Policy S 3.9 Shoreline Protection for New Development
Require property owners to record a waiver of future shoreline protection for new development during the economic life of the structure (75 years) as a condition of approval of a coastal development permit for new development on a beach or shoreline that is subject to wave action, erosion, flooding, landslides, or other hazards associated with development on a beach or bluff.

Shoreline protection may be permitted to protect existing structures that were legally constructed prior to the certification of the LCP, unless a waiver of future shoreline protection was required by a previous coastal development permit.

Policy S 3.10 Bluff Stabilization
Site and design new structures to avoid the need for shoreline and bluff protective devices during the economic life of the structure (75 years), unless an environmentally acceptable design to stabilize the bluff and prevent bluff retreat is devised.

Policy S 3.11 New Development Impact on Coastal Erosion Require that applications for new development with the potential to be impacted or impact coastal erosion include slope stability analyses and erosion rate estimates provided by a licensed Certified Engineering Geologist or Geotechnical Engineer.

Policy S 3.12 Minimization of Coastal Bluff Recession
Require new development adjacent to the edge of coastal bluffs to incorporate drainage improvements, irrigation systems, and/or native or drought -tolerant vegetation into the design to minimize coastal bluff recession.

4.7-52 City of Newport Beach General Plan Update EIR

Flood Hazards
Protection from Flooding Risks
Goal S 5 Protection of human life and public and private property from the risks of flooding Policy S 5.1 New Development Design within 100-year Floodplains Require that all new development within 100-year floodplains incorporate sufficient measures to mitigate flood hazards including the design of onsite drainage systems that are connected with the City's storm drainage system, gradation of the site such that runoff does not impact adjacent properties, and buildings are elevated.

Policy S 5.2 Facility Use or Storage of Hazardous Materials Standards Require that all new facilities storing, using, or otherwise involved with substantial quantities of onsite hazardous materials within flood zones comply with standards of elevation, anchoring, and flood proofing, and hazardous materials are stored in watertight containers.

Policy S 5.3 Minimization of Flood Hazard Risk
Require stormwater detention basins, where appropriate, to reduce the potential risk of flood hazards.

Hazardous Materials
Minimization of Hazardous Materials Exposure
Goal S 7 Exposure of people and the environment to hazardous materials associated with methane gas extraction, oil operations, leaking underground storage tanks, and hazardous waste generators is minimized.

Policy S 7.1 Known Areas of Contamination
Require proponents of projects in known areas of contamination from oil operations or other uses to perform comprehensive soil and groundwater contamination assessments in accordance with American Society for Testing and Materials standards, and if contamination exceeds regulatory action levels, require the proponent to undertake remediation procedures prior to grading and development under the supervision of the County Environmental Health Division, County Department of Toxic Substances Control, or Regional Water Quality Control Board (depending upon the nature of any identified contamination) .

City of Newport Beach General Plan Update EIR 4.7-53

Policy S 7.2 Development Design within Methane Gas Districts Ensure that any development within identified methane gas districts be designed consistent with the requirements of the Newport Beach Municipal Code.

Policy S 7.3 Education
Educate residents and businesses about how to reduce or eliminate the use of hazardous materials, including using safer non -toxic equivalents.

Policy S 7.4 Implementation of Remediation Efforts
Minimize the potential risk of contamination to surface water and groundwater resources and implement remediation efforts to any resources adversely impacted by urban activities.

Policy S 7.5 Siting of Sensitive Uses
Develop and implement strict land use controls, performance standards, and structure design standards including development setbacks from sensitive uses such as schools, hospitals, day care facilities, elder care facilities, residential uses, and other sensitive uses that generate or use hazardous materials.

Policy S 7.6 Regulation of Companies Involved with Hazardous Materials Require all users, producers, and transporters of hazardous materials and wastes to clearly identify the materials that they store, use, or transport, and to notify the appropriate City, County, State and Federal agencies in the event of a violation.

Disaster Planning
Adequate Disaster Planning
Goal S 9 Effective emergency response to natural or human -induced disasters that minimizes the loss of life and damage to property, while also reducing disruptions in the delivery of vital public and private services during and following a disaster.

Policy S 9.7 Existing Development within 100-year Flood Zones Implement flood warning systems and evacuation plans for areas that are already developed within 100-year flood zones.
■ Impacts and Mitigation Measures
No mitigation measures are necessary, as the proposed General Plan Update policies fully mitigate the impacts.

4.7-54 City of Newport Beach General Plan Update EIR

Level of Significance After Policies/Mitigation Measures Impacts associated with hydrology and water quality within the Planning Area would be less than significant upon implementation of the identified proposed General Plan Update policies. Cumulative impacts would also be less than significant.

4.7.6 References
California Department of Water Resources (DWR). 2004. California's Groundwater —Bulletin 118.

Corona, City of. 2003. Technical Background Report.

Irvine Ranch Water District (IRWD). 2005. Annual Water Quality Report.

Newport Beach, City of. 2005. Draft Local Coastal Program, Coastal Land Use Plan. 2003. Hazards Assessment Study, July.
2000. Storm Drain Master Plan, July.
2004. Technical Background Report, June.

Orange County Health Care Agency Environmental Health (HCA). 2003. 2002 Annual Ocean and Bay Water Quality Report, June.

Orange County Water District (OCWD). 2006. Groundwater Replenishment System:
http://www.gwrsystem.com . Accessed February 28.

OCWD. 2004. Groundwater Management Plan. March.

Orange County Watershed & Coastal Resources Division (OCWCRD). 2005 Newport Bay Watershed, http://www.ocwatersheds.com/watersheds/newportbay_intro.asp , accessed December 16. 2005 Newport Coast Watershed, http://www.ocwatersheds.com/watersheds/newportcoast.asp , accessed December 16.
2005 Regional Board Boundaries, http://www.ocwatersheds.com/watersheds/intro regional_ jurisdictions.asp, accessed December 22.
2005 San Diego Creek Watershed,
http://www.ocwatersheds.com/watersheds/sandiegocreek.asp , accessed December 16. 2005 Talbert Watershed, http://www.ocwatersheds.com/watersheds/talbert.asp , accessed December 16.

Fong Tse, City of Newport Beach Public Works Department. 2005. Personal communication, January 14.

City of Newport Beach General Plan Update EIR 4.7-55

4.8 LAND USE AND PLANNING

4.8.1 Introduction
This section evaluates the impacts of the proposed General Plan Update associated with land use and planning within the City of Newport Beach.

The Initial Study prepared for the proposed project identified the potential for impacts related to physically dividing an established community; conflicts with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project; and conflicts with any applicable habitat conservation plan or natural community conservation plan. In addition, this EIR analyzes whether development of the land uses under the proposed General Plan Update would create incompatibilities with adjacent land uses. Full bibliographic entries for all reference materials are provided in Section 4.8.6 (References) of this section.

Six comment letters associated with land use and planning were received in response to the IS/NOP circulated for the proposed General Plan Update. The Southern California Association of Governments (SCAG) requested that the DEIR include a discussion of how the proposed project will or will not support applicable regional plans in which the City is included. The City of Costa Mesa requested that the DEIR include an analysis of impacts on adjacent municipalities resulting from land use changes in the Planning Area. The City of Irvine requested that the DEIR include information on the location of proposed land use intensity changes that increase development potential in the John Wayne Airport QWA) area, as well as citywide. Two residents of Newport Beach requested that the DEIR properly address all existing and proposed land uses under the General Plan Update. The Airport Land Use Commission for Orange County requests that the DEIR specifically address all potential impacts of development of new residential neighborhoods in the Airport Area as replacement of existing and allowed future uses. The JWA also requested that the DEIR address the impacts of any new residential development policies as they pertain to the Airport Area, and address the issues of an avigation easement, height limitations, signage, density and intensity limitations, and all corresponding proposed General Plan Update policies and mitigation measures for this area.

The Environmental Quality Affairs Citizens Advisory Committee for the City of Newport Beach (EQAC) requests that the DEIR provide a discussion of the purpose for increasing development in select areas of the City. EQAC also requests that the DEIR identify the location and potential impacts of proposed visitor -serving land uses, and discuss the impacts of land use transitions under the proposed General Plan Update. EQAC calls for the DEIR to include an analysis of the proposed General Plan Update's compatibility with adjacent municipalities, and a discussion of the intention of the proposed General Plan Update to maintain the existing character of the Corona del Mar subarea. Section 4.8.5 (Project Impacts, Mitigation Measures, and Proposed Policies) provides such analyses.

City of Newport Beach General Plan Update EIR 4.8-1

4.8.2 Existing Conditions
As discussed in Chapter 3 (Project Description), the City of Newport Beach is almost fully developed.

The City of Newport Beach Planning Area contains approximately 26,676 acres or 41.7 square miles.

These are net acres and do not include streets and roadways, which account for approximately 20 percent of the total gross land acreage. Approximately 42 percent (11,119 acres) of the Planning Area is water, which includes the Upper and Lower Newport Bay and its channels, and the Pacific Ocean. The following discussion pertains to the 13,062 acres of developed and undeveloped land in the Planning Area. The Planning Area is illustrated in Figure 3-2 and the subareas therein are illustrated in Figure 3-3 (Project Description).

Existing land uses in the Planning Area have been classified into seven primary categories:
■ Residential —Residential uses include a mix of housing developed at varying densities and types.

Residential uses in the Planning Area include single-family, multi -family, condominium, and mobile homes.
■ CommerciallOffice—This category includes commercial uses that offer goods for sale to the public (retail) and service and professional businesses housed in offices (accountants, architects, etc).

Retail and commercial businesses include those that serve local needs, such as restaurants, neighborhood markets and dry cleaners, and those that serve community or regional needs, such as auto dealers and furniture stores. Visitor -serving retail uses such as regional shopping centers and hotels are also included in this category.
■ IndustrialL—The industrial category includes a mix of manufacturing and light industrial uses, some of which are found in business, research, and development parks. Light industrial activities include warehousing and some types of assembly work. This category also includes wholesaling and warehousing.
■ Governmental, Educational, and Institutional Facilities (GEIF)—Government buildings, libraries, schools, churches, and other public institutions are found in this category. Uses in this category support civic, cultural, and educational needs of residents. ■ Open Space —This category encompasses public and private recreational spaces, local and regional parks, and beaches. Recreational areas, such as golf courses, also contribute to open space uses in the Planning Area.
■ Vacant —Vacant lands are undeveloped lands (as of June 2003) that are not preserved in perpetuity as open space or for other public purposes.
■ Water --The bay, harbor, channels and reservoirs are included in this category.

Existing land uses are listed below in Table 4.8-1.
■ Residential Neighborhoods
Residential uses represent the largest percentage of total land area in Newport Beach. Within this category, single-family detached homes account for the greatest amount of residential land uses and are distributed throughout the City. Much of the single-family attached housing in the City is located in Newport Crest, the Bluffs and Jasmine Creek. Generally, single-family homes, duplexes and some multi- family residential development is located in the southernmost portion of the City along the beaches and

4.8-2 City of Newport Beach General Plan Update EIR

Land Use
Acres
Percent of City's Total
Residential
5,436.0

41.6%
Single -Family Detached
3,932.8
Single -Family Attached
625.3
Two -Family Residential
360.9
Multi -Family Residential
480.0
Mixed Residential

37.0 Commercial
1,154.6

8.8%
Retail
382.0
Administrative, Professional, and Financial
473.0
Marine and Auto Related

73.7 Visitor -serving
225.9
Industrial
114.4

0.9%
Industrial

68.9 Multi -Tenant Industrial

20.5 Industrial Business Park

25.0 Other
6,356.7
—
Government, Educational, Institutional Facilities
446.6

3.4%
Quasi -Public

53.5 0.4%
Right of Way/Undesignated

4.8 <1 %
Recreation & Environmental Open Space
4,516.4

34.6%
Vacant Land
1,260.2

9.6%
Water

75.2 0.6%
Total
13,061.7
100%
SOURCE: EIP Associates GIS 2003
in Balboa Peninsula areas, and on Balboa Island. In addition, multi -family residential development is located in the northern portion of the City in Bonita Canyon Village and along San Joaquin Hills Road.

The Lido Peninsula has single-family attached homes located next to recreational marine commercial uses. In the northern portion of the City, the area west of Bonita Canyon Village contains a mix of single-family detached and single-family attached uses. Manufactured and/or mobile homes are found along Coast Highway in West Newport, west of Newport Dunes, West Newport Mesa, and near the Newport Pier on the Balboa Peninsula.
■ Commercial
Administrative, professional, and financial related uses are located throughout the City. A major regional retail center, Fashion Island Shopping Center, is located in the center of the City. Newport Center, one of the prime office and hotel areas in the City, surrounds Fashion Island. The other primary office and hotel uses are found within the vicinity of John Wayne Airport QWA).

City of Newport Beach General Plan Update EIR 4.8-3

Retail and service commercial uses are found along major thoroughfares such as: Coast Highway on Mariners' Mile, Newport and Balboa Blvds. on the Balboa Peninsula, near the Airport along Bristol North, and along MacArthur Blvd. Neighborhood -serving centers containing uses such as grocery stores, dry cleaners, video stores and restaurants are located throughout the City. Pedestrian -oriented commercial districts include Corona del Mar and Cannery Village.

Some commercial uses in the City attract visitors as well as residents. Visitor -serving uses include but are not limited to hotels, specialty stores, and arcades. Many visitor -serving uses are located in proximity to harbor and coastal areas in the City, such as those found in Central Balboa, Cannery Village, and Newport Coast. Marine recreation areas serving both residents and visitors are found near harbor and bay areas, such as Newport Dunes.
■ Industrial
The majority of industrial uses in the City are located in the West Newport industrial area east of Banning Ranch, and adjacent to the Airport Area. Light manufacturing uses are located in the West Newport Industrial (Mesa) area. Research and development uses are clustered in the Airport Area and in a small area off of Jamboree Road.
■ Governmental, Educational, and Institutional Facilities Governmental, Educational, and Institutional uses include the City Hall, schools, libraries and religious uses, and hospitals.

Quasi -Public
Private recreational uses such as yacht clubs, lodges and marinas are located in various portions of the City.

N Recreation and Environmental Open Space
Recreational and environmental open space areas can be found along the City's periphery from the Santa Ana River Jetty at the far west, to the beaches along the Pacific Ocean, to the Newport Coast area. Open space rims Upper Newport Bay. Much of Newport Coast is open space interspersed with planned development areas. Parks of varying sizes are located throughout the City. These areas also include private recreational uses such as golf and tennis clubs. i Water
Newport Beach is adjacent to the Pacific Ocean to the South and contains Newport Harbor and Upper Newport Bay. Two reservoirs (Big Canyon and San Joaquin) are located in the eastern portion of the City. The Santa Ana River lies at the northwest boundary of the City.

4.8-4 City of Newport Beach General Plan Update EIR

Sphere of Influence
The SOI surrounding the City is demarcated by the Local Agency Formation Commission (LAFCO) and represents the "probable ultimate physical boundaries and service area" of the City. The LAFCO is a State -mandated agency formed to discourage urban sprawl and to encourage orderly and efficient provision of services, such as water, sewer, fire protection, etc. A major function of a sphere of influence is to facilitate coordination and sequencing of annexations to a city. In addition, a SOI helps guide the LAFCO consideration of specific annexation requests.

The area known as Banning Ranch, located in the western portion of the Planning Area, is in the Newport Beach SOI.

4.8.3 Regulatory Framework
Federal
There are no Federal regulations related to land use that apply to the proposed project.

State
Local Coastal Program
The California Coastal Act (California State Public Resources Code, Division 20, Sections 30000 et seq.) directs each local government lying wholly or partly within the Coastal Zone, as defined by the Coastal Act, to prepare a Local Coastal Program for its portion of the Coastal Zone. More than 63% of the City is in the coastal zone. Local Coastal Programs are used to carry out the policies and requirements of the Coastal Act by local governments. Local Coastal Programs must be reviewed and certified by the California Coastal Commission before being implemented by a local government.

The Local Coastal Program is divided into two components: (1) a coastal land use plan [CLUP] and (2) an implementation program. The CLUP provides a technical synopsis of the resources located within the Coastal Zone. The document discusses resources in the context of a coastal zone overview; subarea description and land use plan; shoreline and coastal resource access; public recreational and visitor - serving commercial facilities; visual resources; historic and cultural resources; water and marine resources; environmentally sensitive habitats; energy facilities; water, sewer, and drainage facilities; and hazards.

Issues, goals, objectives, and policies related to each of these areas are also provided. The Implementation Program provides the mechanism to implement each of the identified policies. On February 8, 2006, the Coastal Commission certified the CLUP. The next step in the certification process is the adoption of the Implementation Plan. Once certified, the City will be able to issue most Coastal Development Permits, a process currently under the jurisdiction of the Coastal Commission.

City of Newport Beach General Plan Update EIR 4.8-5

Regional
Southern California Association of Governments Regional Comprehensive Plan and Guide
SCAG, which is the designated Metropolitan Planning Organization for six Southern California counties (Ventura, Orange, San Bernardino, Riverside, Imperial, and Los Angeles), is federally -mandated to develop plans for transportation, growth management, hazardous waste management, and air quality.

SCAG has prepared the Regional Comprehensive Plan and Guide (RCPG) in conjunction with its constituent members and other regional planning agencies. The RCPG is intended to serve as a framework to guide decision -making with respect to the growth and changes that can be anticipated through the year 2015. The Plan consists of five core chapters that contain goals, policies, implementation strategies, and technical data that support three overarching objectives for the region, including (1) improving the standard of living for all, (2) improving the quality of life for all, and (3) enhancing equity and access to government. Local governments are required to use the RCPG as the basis for their own plans and are required to discuss the consistency of projects of "regional significance" with the RCPG. Specific growth management, regional mobility, and air quality policies of the RCPG are discussed in the Impacts section, below.
■ Local
Zoning
Zoning is the instrument that implements the land use designations of the General Plan. In addition to establishing permitted uses, zoning may also establish development standards relating to issues such as intensity, setbacks, height, and parking. Projects submitted for review and approval are evaluated for consistency with the zoning designations.

Zoning Districts
The City of Newport Beach's General Plan and Zoning Ordinance control land use and development in the City. Zoning districts are designed to protect citizens and their homes and businesses from conflicting activities in scope or purpose within the vicinity. For example, commercial business cannot be conducted in a residential area except under certain conditions. Newport Beach has more than 20 zoning designations within its boundaries. District types are as follows:
■ Residential districts are designed for dwellings.
■ Business districts contain commercial retail and office businesses. ■ Industrial districts allow the operation of assembly and research and development businesses. ■ Open Space districts contain undeveloped land and allow recreation facilities. ■ Planned Community and Specific Plan districts are established with supplemental zoning requirements that encourage cohesive development within a specific area.

4.8-6 City of Newport Beach General Plan Update EIR

Airport Land Use Law
This law requires counties containing airports to prepare an Airport Environs Land Use Plan (AELUP) to provide for the orderly growth of public use airports for a 20-year span and minimize land use conflicts over height and noise within the surrounding area. The AELUP may include building height restrictions, specify allowable land uses, and determine building standards (including soundproofing) within the planning area of each airport. Once an AELUP has been adopted, pertinent city and county general plans and other local land use and building regulations must be made consistent with the AELUP unless findings can be made to justify not making amendments. While John Wayne Airport is not within Newport Beach incorporated City limits, it is immediately adjacent to the northernmost portion of the city referred to the as the "Airport Area". This area is therefore subject to compliance with the AELUP for John Wayne Airport. The relevant policies contained in the AELUP are listed at the end of this section.

Charter Section 423
City Charter Section 423 requires voter approval of certain amendments to the Newport Beach General Plan. In its text, Charter Section 423 suggests that the City Council adopt implementing guidelines consistent with its purpose and intent, and the City Council did so. The guidelines outline the information to be provided to the applicant, the Planning Commission, and the City Council during the amendment process. They also describe the informational and procedural requirements after amendment approval to determine if voter approval is required by Charter Section 423. As required, the City Council shall submit the amendment to voters if:
■ The amendment relates to a non-residential use and authorizes an increase in floor area for the property or statistical area that is the subject of the amendment that exceeds 40,000 square feet when compared to the General Plan before approval of the amendment; or ■ The amendment relates to a residential use and authorizes an increase in the number of dwelling units for the property or statistical area that is the subject of the amendment that exceeds 100 dwelling units when compared to the General Plan before approval of the amendment; or ■ The amendment modifies the type or amount of residential use or non-residential use specified for the property or statistical area that is the subject of the amendment such that the proposed use(s) as approved by the amendment generate(s) at least 101 more morning or evening peak hour trips than allowed use(s) before the amendment; or
■ The increase in morning or evening peak hour trips, dwelling units, or floor area resulting from the amendment, when added to 80 percent of the increases in morning or evening peak hour trips, dwelling units, or floor area resulting from amendments in the same statistical area 'over the previous ten years not required to be approved by the voters, exceeds one or more of the voter approval thresholds in Charter Section 423 as specified above.

City of Newport Beach General Plan Update EIR 4.8-7

4.8.4 Thresholds of Significance
The following thresholds of significance are based on Appendix G of the 2005 CEQA Guidelines. For purposes of this EIR, implementation of the proposed General Plan Update may have a significant adverse impact on land use and planning if it would result in any of the following:
■ Intensify development within the Planning Area that creates incompatibilities with adjacent land uses
■ Physically divide an established community
■ 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 ■ Conflict with any applicable habitat conservation plan or natural community conservation plan

4.8.5 Project Impacts, Mitigation Measures, Proposed
Policies
■ Effects Not Found to Be Significant
The IS/NOP prepared for the proposed project did not identify any effects not found to be significant associated with Land Use. Therefore, all thresholds are addressed in this section. ■ Impacts and Mitigation Measures
Threshold Intensify development within the Planning Area that creates incompatibilities with adjacent land uses
Impact 4.8-1 Implementation of the proposed General Plan Update could involve new uses and structures that may result in intensification of development within the Planning Area that creates incompatibilities with adjacent land uses.

Land use incompatibility can occur where differences exist among uses that are near each other. These incompatibilities may result from differences in the physical scale of development, noise levels, traffic levels, hours of operation, and other factors. Proposed General Plan Update policies include concepts aimed at achieving land use compatibility. Policy LU 5.1.1 calls for establishment of development regulations for residential projects to create compatible and high quality development. Policy LU 5.1.2 requires transition in building height between non-residential and residential development to minimize conflicts. Policies LU 6.2.5 and 6.16.6 call for design of the non-residential uses of neighborhood -serving commercial and office to be compatible with residential uses when adjoining residential areas, and address issues such as noise, lighting, and parking. All significant new development would be subject to the City's environmental review process which includes project -specific environmental review under CEQA, including mitigation of significant impacts to the extent feasible.

4.8-8 City of Newport Beach General Plan Update EIR

The potential for conflicts exists in particular where mixed use development occurs. The proposed General Plan Update adds new mixed use designations. Areas where mixed use development is currently located (e.g. Balboa Peninsula, Mariners' Mile and Newport Center/Fashion Island), would be allowed to develop with more mixed use, and mixed use development would be introduced to the Airport Area. The General Plan includes three general types of Mixed Use Development. MU -A provides vertical mixed use, with retail and other pedestrian -active uses on the ground floor, and the upper floors used for residential units. MU-B provides a horizontally distributed mix of uses, which may include commercial, offices, visitor -serving and marine -related uses along with multi -family residential uses. This designation also permits a vertical mix of uses. The MU-C designation is intended to provide commercial development on or near the bay to encourage coastal -related uses and allow for integrated development of residential uses.

Policy LU 5.3.1 provides guidance that would minimize conflicts among uses in mixed use facilities.

Principles to minimize conflicts include:
■ Design and incorporation of building materials and features to avoid conflicts among uses, such as noise, vibration, lighting, odors, and similar impacts
■ Visual and physical integration of residential and nonresidential uses ■ Architectural treatment of building elevations and modulation of their massing ■ Separate and well-defined entries for residential units and non-residential businesses ■ Design of parking areas and facilities for architectural consistency and integration among uses. ■ Incorporation of extensive landscape appropriate to its location. Urbanized streetscapes, for example, would require less landscape along the street frontage but integrate landscape into interior courtyards and common open spaces.

Policy LU 5.2.2 requires buffering of residential uses where they are adjacent to non-residential uses. The policy requires that residential areas be buffered from adjoining non-residential uses to the extent feasible, such as retail commercial and industrial, through the establishment of performance -based regulations, the removal of non -conforming uses, and other tools such as landscape screening.

Project -specific features would depend on the types of uses proposed and the specific design of individual projects. Examples of design elements to reduce conflicts include screening of mechanical equipment, and locating these uses away from residential components; specific locations and hours of operation for service deliveries; and separate vehicular entrances for residential and commercial uses.

Implementation of Policy LU 5.3.1 would therefore ensure that design of mixed use development does not result in significant land use incompatibilities.

In many locations, the addition of uses similar to existing uses would occur. For instance, additional retail facilities would be permitted in the Fashion Island/Newport Center Area, and additional residential uses would be permitted on Balboa Peninsula. Where additional development that is the same as or similar to existing development could occur, these uses would be compatible.

Compatibility, including the expansion of mixed use development, is further discussed below for each subarea. Table 3-3 (Project Description) details the land use changes for each of the subareas.

City of Newport Beach General Plan Update EIR 4.8-9

West Newport Mesa
The West Newport Mesa area contains a mix of residential, office, retail, industrial, and public uses. It is immediately abutted by Hoag Hospital, the City of Costa Mesa to the north, and Banning Ranch to the west. Adjoining Hoag Hospital and on the Newport Technology Center site, properties would be designated for medical -related uses, with up to approximately one million square feet of this type of use, replacing development of existing uses. Properties along the northern edge abutting the City of Costa Mesa would be encouraged to retain light manufacturing and research and development uses. It is possible that adjacent to these uses, in the City of Costa Mesa, additional residential units may be developed. Multi -family residential uses could also increase within this subarea, by approximately 1,070 units, replacing existing commercial and industrial development. The land use pattern would change from interspersed residential, commercial and industrial uses to development that clusters similar uses together. Nonetheless, where residential uses abut industrial uses, the potential for conflict could occur, similar to existing conditions.

Existing industrial uses involve the use of light manufacturing equipment, use of hazardous materials, and require the loading/unloading of materials. The types of manufacturing that currently exist within the sub area are generally considered light manufacturing uses that are low intensity. Nevertheless, the operation of manufacturing equipment may result in higher ambient noise levels and/or degraded air quality on a temporary or permanent basis, depending on the specific use and type of equipment.

Industrial uses could also involve the transport, use, and disposal of hazardous materials, which could result in accidental spills in the area, as discussed in Section 4.6 (Hazards and Hazardous Materials).

Additionally, loading and unloading activities could create noise incompatibilities with adjacent sensitive receptors. Service vehicles associated with industrial uses contribute to local traffic, as well as conflicts associated with truck traffic through or next to residential uses. Other land use incompatibilities include the potential for odors from industrial activities. These effects currently exist due to the presence of light manufacturing and research and development uses adjacent to residential uses. Where new residential uses are developed in the City or in adjacent Costa Mesa, requirements would need to be placed on the new residential uses to minimize land use conflicts with existing industrial designations and uses.

The proposed General Plan Update would establish distinct and cohesive districts, which would allow for the further separation of uses in order to minimize conflicts. Residential and industrial uses would abut in a small area adjacent to Production Place and the Costa Mesa boundary, should residential development occur in Costa Mesa. Residential uses currently exist in this area and abut existing industrial uses. At this location and throughout the subarea, policies designed to achieve Goal 6.6 would help increase compatibility with existing and future adjacent residential land uses by encouraging integrated residential and hospital uses within the subarea. Policy LU 6.6.5 encourages the preparation of a master plan for the residential neighborhood, defining park and streetscape improvements that provide amenity for local residents and enhance the area's identity, thereby allowing more separation of uses than currently exists.

Because no new conflicts of use would be introduced to the area, upon implementation of the proposed General Plan Update, no compatibility issues would likely result in this subarea.

4.8-10 City of Newport Beach General Plan Update EIR

Newport Center/Fashion Island
Newport Center/Fashion Island is a regional center of business and commerce that includes major retail, professional office, entertainment, hotel, and residential uses in a master planned mixed use development. Fashion Island, a regional shopping center, forms the nucleus of Newport Center, and is framed by this mixture of office, entertainment, and residential. New land uses in this subarea include additional commercial uses (approximately 430,000 s f), approximately 600 multi -family residential units, and approximately 250 additional hotel rooms. Residential units have existed in this area since the 1970s, and increased through the 1990s. No conflicts of use between the residential and commercial uses have existed previously in this area, as evidenced by the lack of complaints by area residents. Goals and policies contained in the proposed General Plan Update would serve to promote a mixed use, pedestrian - friendly district for this subarea that would continue commercial and residential uses. Policy LU 6.14.5 encourages improved pedestrian connections and streetscape amenities connecting the area's diverse districts. Goals contained in the proposed General Plan Update related to mixed use development (Goal

5.3) specifically articulate that such development should promote compatibility among uses. General Plan Policy LU 5.3.1 calls for the consideration of compatibility issues in project design of mixed use development. Thus, mixed use development under the proposed General Plan Update would be, by design, compatible with adjacent non-residential uses.

Airport Area
The Airport Area encompasses the properties abutting and east of John Wayne Airport and is in close proximity to the Irvine Business Complex and University of California, Irvine. This proximity has influenced the area's development with uses that support the airport and University, such as research and development, high technology industrial and visitor -serving uses, such as hotel and car rental agencies.

This subarea could be reconfigured to include new residential neighborhoods that could result in the extension of present residential development of the Irvine Business Complex to the north. These uses would occur in addition to the maintenance and/or limited expansion of the currently developed mix of office, airport -supporting commercial, hotel, and public uses. Industrial uses would decrease upon implementation of residential uses allowed in the proposed General Plan Update. The proposed project contains policies for the various types of proposed land uses and specifies the parameters by which these land uses should be developed to ensure compatibility with both existing development in the area or future land uses. Policy LU 6.15.8 encourages commercial development that supports the John Wayne Airport, the existing office uses, and the future residential development under the proposed General Plan Update. Policy LU 6.15.9 allows new multi -family uses to be developed in mixed use buildings that support local commercial land uses. General Plan Update Policy LU 6.15.1 calls for the provision of distinct business park, commercial, and airport -serving districts and residential neighborhoods that are integrated to assure a quality environment and compatible land uses.

Development in the Airport Area has been historically restricted due to the noise impacts of John Wayne Airport. Much of the southwestern portion of the area is located in the 65 dBA CNEL, which is unsuitable for residential and other "noise -sensitive" uses. Additionally, building heights are currently restricted for aviation safety. Uses outside of the 65 dBA CNEL noise contour are generally considered to be a sufficient distance from airport land uses and associated activities to minimize land use conflicts, City of Newport Beach General Plan Update EIR 4.8-11

with incorporation of appropriate design techniques. Policy LU 6.15.24 requires that all development be constructed within the height limits and residential uses be located outside of areas exposed to the 65 dBA CNEL noise contour specified by the Airport Environs Land Use Plan (AELUP), unless the City Council makes appropriate findings for an override in accordance with applicable law. As such, the possibility exists for residential development to occur within the 65 dBA CNEL noise contour, exposing residents to exterior noise levels of 65 dBA or greater and daily aircraft overflight. Airport uses are considered by design to be incompatible with adjacent residential uses As such, if residential development is constructed within the 65 dBA CNEL noise contour, land use conflicts could occur.

Impacts would be significant.

The introduction of residential uses to the Airport Area represents a departure from the current commercial/industrial character of the area and a change in the land use pattern of the area. Residential units would be implemented in tracts of land generally a minimum of 10 acres in size, although projects could be as small as 5 acres if certain conditions are met, as specified in Policy LU 6.15.10. The requirements for development on this scale would ensure master planning accompanies the introduction of residential units, and clustering of residential units in a manner to minimize conflicts with existing adjacent uses to the extent feasible. Further, the first phase of residential development in the area would be 50 units per net acre, with subsequent developments at 30 units per net acre. Development of high - density units would result in retention of the existing urban character of the area.

The proposed General Plan Update policies described above, which set forth requirements for mixed use developments, would ensure that development is designed to be compatible with adjacent non-residential units. Where development occurs outside of the 65 dBA CNEL noise contour, the introduction of residential uses consistent with the land use pattern set forth in the General Plan update would be less than significant.

Banning Ranch
Banning Ranch could either be restored and preserved as open space (the priority use), or be developed as a mixed- density residential village. Banning Ranch would need to be acquired for the open space option. Under this scenario, changes on Banning Ranch would be limited to consolidating oil operations, enhancing wetland and other habitats, and providing parkland amenities to serve nearby neighborhoods.

No significant land use compatibility impacts would result; however, the potential impact associated with nighttime park lighting on adjacent residential uses is addressed in Section 4.1 (Aesthetics and Visual Quality). Policies LU 6.5.1 through 6.5.6 pertain to both land use options for Banning Ranch. These policies, specifically LU 6.5.3 and 6.5.4, would help maintain Banning Ranch as an area with diverse biological resources under both land use alternatives. These policies promote the restoration and enhancement of existing resources and encourage the future preservation of wetlands and other natural features.

If Banning Ranch is not acquired for open space, a residential village with a small component of resident - and visitor -serving commercial uses could be developed. If development occurs, policies in the proposed General Plan Update would ensure compatibility between proposed uses, on -site open space areas, and the adjacent existing residential uses.

4.8-12 City of Newport Beach General Plan Update EIR

Policy LU 6.4.5 requires that Banning Ranch, if not restored and preserved as open space, be developed as a cohesive urban form that provides the sense of a complete and identifiable neighborhood. The policy goes on to state that a development pattern should be established that ties together individual uses into a cohesive neighborhood addressing the location and massing of buildings, architecture, landscape, connective street grid and pedestrian walkways and trails, use of key landforms, and similar elements. As a majority of the site would be preserved as open space, and a framework of trails, community parklands, and natural habitats would interconnect residential districts, the village center, other uses, and open spaces (LU Policy 6.4.8), no compatibility issues would likely result in this subarea.

Furthermore, changes contemplated in the West Newport Mesa subarea, which abuts Banning Ranch to the east, include strengthening the residential uses in that area, currently characterized by a number of light industrial uses. These changes would improve compatibility between the two subareas by placing similar residential uses in proximity to each other. As discussed above, Policies LU 6.5.1 through 6.5.6 pertain to both land use options for Banning Ranch. These policies help ensure that either development option would result in compatibility with adjacent uses.

Policies contained in the Land Use Element discuss consolidation and/or relocation of the oil and gas operations on Banning Ranch, where a significant portion of the Planning Area's production areas are currently located. Policy 6.5.1 specifies that oil operations on Banning Ranch should be relocated or clustered. This would minimize the areas where oil operations would interface with differing uses, under either development scenario for the site. Confinement of oil production to a small portion of the site geographically limits areas where new development or parkland areas would abut these facilities. With regard to the two land use options for Banning Ranch, Policies 3.4 and 6.4.11 ensure that under either option, availability of oil resources would not be altered by encouraging consolidation of oil operations.

Balboa Peninsula
The Balboa Peninsula is comprised of a series of districts linked by the Newport Boulevard/Balboa Boulevard commercial and residential corridor. These include Lido Village, Cannery Village, McFadden Square, Balboa Village, and surrounding residential neighborhoods. The Plan differentiates Balboa Peninsula into a series of commercial, residential, mixed -use and water -oriented districts. These uses all currently exist in the area. Policy LU 6.8.1 would establish development patterns that promote the reinforcement of Balboa Peninsula's pedestrian scale and urban form as a series of distinct centers/nodes and connecting corridors. To this end, Policies LU 6.9.1, 6.9.2, 6.10.1, 6.11.1, 6.12.1, 6.13.1, 6.13.2, and

6.13.3 indicate the priority uses and discouraged uses within each of the districts within in the subarea.

The organization of the subarea into distinct centers and these policies would encourage grouping of compatible uses adjacent to each other, thereby minimizing conflicts of use.

Residential use would also be allowed on the waterfront of Balboa Peninsula. These uses could be impacted by noises from the marine -related and visitor -serving uses. As discussed above, General Plan policies would guide development to ensure compatibility among mixed uses. This includes Policies L.U.

5.3.1, which provides the guidelines for mixed use development and LU 5.2.2, which includes provisions for buffering of uses.

City of Newport Beach General Plan Update EIR 4.8-13

West Newport Highway
The West Newport Coast Highway Corridor extends from Summit Street to just past 60`b Street. It is a mixed commercial and residential area, with the former serving the adjoining Newport Shores residential neighborhood, the West Newport residential neighborhood south of Coast Highway, and beach visitors.

The proposed General Plan Update encourages enhancement of this area as a gateway for amenities supporting the Orange County River Park. However, the predominant existing mix of uses would remain, such that no conflicts would occur.

Old Newport Boulevard
The corridor is abutted by residential neighborhoods to the east and Hoag Hospital west of Newport Boulevard. Today, the area is primarily developed with commercial uses and professional offices. Other uses include personal services, restaurants, and specialty shopping such as home furnishing stores and beauty salons. Several auto -related businesses and service facilities are also located in the corridor. There has been an ongoing transition of uses to medical offices in this subarea, improving compatibility with the adjacent Hoag Hospital.

Old Newport Boulevard was formerly the primary roadway leading into the City from the north, containing a diversity of highway -oriented retail and office uses. Shifting of vehicle trips to the parallel (new) Newport Boulevard reduced the corridor's traffic volumes and economic vitality, resulting in significant changes in its land use mix. Many of the existing auto -related businesses and service facilities located in the corridor are incompatible with the predominant pattern of retail service and office uses.

The proposed General Plan Update would result in mixed use development, increase office uses by approximately 88,000 sf, residential uses by approximately 430 units, and commercial uses by approximately 44,000 sf. Policy 6.18.1 encourages the development of mixed -use buildings that integrate residential with ground floor retail and townhomes on the east side of Old Newport Boulevard.

Implementation of this policy would provide a transition with adjoining residential neighborhoods. In addition, Policy LU 6.18.2 discourages highway -oriented retail uses and new "heavy" retail uses, such as automobile supply and repair uses. Consequently, the existing incompatible uses that currently exist in the subarea would no longer be permitted, and eventually would be phased out over time to provide more compatible uses.

Mariners' Mile
Mariners' Mile is a heavily traveled segment of Coast Highway extending from the Arches Bridge on the west to Dover Drive on the east. It is developed with a mix of marine related commercial uses on the south side of Coast Highway, fronting the harbor, and highway -oriented retail on the north side of Coast Highway, inland. Implementation of the proposed General Plan Update, specifically Policy LU 6.19.1 would allow development that would differentiate this subarea into distinct commercial, water -related, and mixed use districts. Goal 6.19 includes the overall objective of encouraging development within this subarea that respects adjacent residential neighborhoods. Policies LU 6.19.1 through 6.19.4 specify locations and land use types that should be encouraged in the different districts within Mariners' Mile.

4.8-14 City of Newport Beach General Plan Update EIR

Commercial uses would be primarily concentrated on bay -fronting properties and include boat sales and storage, sailing schools, marinas, visitor -serving restaurants, and comparable uses. Beyond the properties south of Coast Highway lie boat slips in Newport Harbor, a recreational boating resource. Activities in the area include boat transport, storage, sales and repairs. Marine -related and visitor serving uses in the proposed General Plan Update would be compatible with adjacent harbor activities. Policy 6.19.3 encourages uses that serve marine -related businesses and industries. However, residential use would also be allowed on the waterfront. These uses could be impacted by noise from the marine -related and visitor -serving uses. As discussed above, General Plan policies would guide development to ensure compatibility among mixed uses. This includes Policies L.U. 5.3.1, which provides the guidelines for mixed use development and LU 5.2.2, which includes provisions for buffering of uses.

Corona del Mar
The Corona del Mar corridor extends along Pacific Coast Highway between Avocado Avenue and Hazel Drive. This subarea is developed with commercial uses and specialty shops that primarily serve adjoining residential neighborhoods, with isolated uses that serve highway travelers and coastal visitors. The proposed General Plan Update encourages development along this corridor to include a pedestrian - oriented "village" serving as the center of community commerce, culture, and social activity and providing identity for Corona del Mar. Policy LU 6.20.1 would accommodate neighborhood -serving uses that complement existing development. Policy LU 6.20.5 permits new development that compliments the scale and form of existing development. The visual character of the area would be enhanced through Policy 5.2.3, which calls for improved aesthetic quality of alleys without impacting service access.

Consequently, because new development would generally serve to complement existing uses, no conflicts of use would occur.

Other Land Use Changes
While land use changes are proposed for other areas of the City by the updated General Plan, these areas would retain the basic land use character of existing uses. Land use intensification would also result throughout the City in areas where no changes in use are proposed, but additional development is permitted. Because no new land use patterns would be established, no conflicts of use would result.

The area bounded by Irvine Avenue, 15``' Street, St. Andrews Road, and Coral Place is currently designated for multi -family and is developed with a mix of housing units, including older apartments, small lot units, and single-family detached units. The proposed General Plan Update would re -designate this area as single-family residential to allow for consistency with the current development trend in the area replacing higher -density apartments with small -lot residential and detached units. Another area where changes would take place is along the southern frontage of Westcliff Drive, east of Irvine Avenue, and the western frontage of Dover Drive, south of Westcliff Drive. Changes in this area include re - designating the area from Administrative, Professional, and Financial Commercial uses to mixed use, allowing a mix of office and multi -family residential uses. Any new residential development in this area would be compatible with the existing residential uses behind these properties. The Caltrans Remnant property, bounded by the SR 73, MacArthur Boulevard, and University Drive is currently a vacant property with no land use designation and would be designated for commercial use under the proposed City of Newport Beach General Plan Update EIR 4.8-15

General Plan Update. The north side of San Miguel Drive, east of San Joaquin Hills Road, and west of Newport Hills Drive, which is currently a single parcel formerly used as a child care facility, abutting multi -family residential uses, would be re -designated as multiple -family residential. This would allow for consistency with adjacent land uses. The property west of Big Canyon Reservoir, north of Pacific View Drive is currently developed with institutional (church) and senior affordable housing. Under the proposed General Plan Update, this area would be re -designated as multi -family residential also to promote consistency with adjacent land uses.

Summary
In summary, the majority of land use changes proposed under the proposed General Plan Update would not result in incompatibilities or nuisances that rise to the level of significance. Therefore, impacts would be less than significant. However, if residential development is constructed within the 65 dBA CNEL noise contour in the Airport Area, land use conflicts would be significant.

Threshold Physically divide an established community
Impact 4.8-2 Implementation of the proposed General Plan Update could physically divide an established community.

The General Plan does not include any extensions of roadways or other development features through currently developed areas that could physically divide an established community. Roadway extensions would occur in Banning Ranch if new development occurs in that area. These roadways would be part of a comprehensive development plan and establish linkages among new land uses and to existing land uses, and would not, therefore result in physical division of an established community.

The implementation of the proposed General Plan Update could reduce the extent of office and industrial activities within the Airport Area. The placement of a mixed use district in this subarea with retention of two commercial nodes —one on the northern boundary and one on the southern boundary —would not result in the physical division of an established community. The area would include horizontal mixed uses, which would result in the presence of commercial uses throughout the area. Existing roadways would continue to provide an interconnected link between various parcels throughout the subarea. Further, throughout the City and larger region, commercial and light industrial areas have viably existed adjacent to residential uses. The change in land use patterns would not have an effect on the office and industrial properties that could result in a subsequent physical change to the environment.

The proposed General Plan Update allows limited infill development in select subareas within the City, and sets forth future land use options for Banning Ranch. These types of proposed development would not divide established communities. Impacts would be less than significant.

4.8-16 City of Newport Beach General Plan Update EIR

Threshold 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 Impact 4.8-3 Implementation of the proposed General Plan Update could conflict with applicable land use plans, policy, or regulations.

Several regionally and locally adopted land use plans, policies, and regulations would be applicable to development under the proposed General Plan Update. These include the 2003 Air Quality Management Plan, 1999 Amendment for Ozone, SCAG's Regional Comprehensive Plan and Guide, Santa Ana River Basin Plan, City of Newport Beach Zoning Code, Newport Beach CLUP, specific plans adopted by the City, and the AELUP for John Wayne Airport. As discussed under Impact 4.2-1 of Section 4.2 (Air Quality), the proposed project would not be consistent with the 2003 Air Quality Management Plan.

The SCAG regional plans cover Orange County, which includes the City, and five other counties within Southern California. SCAG's regional plans that require a consistency discussion are the RCPG and the Regional Transportation Plan administered by SCAG. A consistency analysis for the proposed General Plan Update with policies of the SCAG regional plans are provided in Table 4.8-2.

The analysis contained in Table 4.8-2 concludes that the proposed project would generally be consistent with SCAG's policies, with the exception of SCAG Policy 4.02.

SCAG RCPG Policies
Growth Management Chapter
Policy 3.01. The population, housing, and jobs forecasts, The proposed increase in dwelling units and associated population which are adopted by SCAG's Regional Council and that
exceeds SCAG projections for Newport Beach, but represents less reflect local plans and policies, shall be used by SCAG in all than one percent of total population growth in the region. phases of implementation and review.

Policy 3.05. Encourage patterns of urban development and Growth and development under the proposed General Plan Update land use, which reduce costs on infrastructure construction would involve infill development and redevelopment, which would and make better use of existing facilities.
minimize costs on infrastructure and make use of existing facilities.

Policy 3.09. Support local jurisdictions' efforts to minimize Growth and development under the proposed General Plan Update the cost of infrastructure and public service delivery, and would involve infill development and redevelopment, which would efforts to seek new sources of funding for development and minimize costs on infrastructure and make use of existing facilities. the provision of services.

Policy 3.12. Encourage existing or proposed local
The proposed General Plan Update policies support public jurisdictions' programs aimed at designing land uses that transportation that provides mobility for residents and encourages encourage the use of transit and thus reduce the need for use of public transportation as an alternative to automobile travel. In roadway expansion, reduce the number of auto trips and
addition, maximizing the efficiency of the circulation system through vehicle miles traveled, and create opportunity for residents to the use of transportation system management strategies is also walk and bike.
encouraged to reduce total vehicular miles traveled in the City.

Further, a majority of the proposed land use changes would encourage more pedestrian -oriented uses and design, which would serve to further reduce automobile trips. This includes expansion of mixed -use development throughout the subareas within the City, which places housing in close proximity to jobs.

City of Newport Beach General Plan Update EIR 4.8-17

Table 4.8-2 SCAG Regional Comprehensive
Plan and Guide Policies
SCAG RCPG Policies
Project Consistent
Policy 3.13. Encourage local jurisdictions' plans that
Growth and development under the proposed General Plan Update maximize the use of existing urbanized areas accessible to would involve infill development and redevelopment, which would transit through infill and redevelopment.
maximize the use of existing urbanized areas accessible to transit.

Policy 3.16. Encourage developments in and around activity The proposed General Plan Update would involve redevelopment in centers, transportation corridors, underutilized infrastructure discrete subareas that are existing activity centers, which would systems, and areas needing recycling and redevelopment. minimize costs on infrastructure and make use of existing transportation corridors and areas needing recycling.

Policy 3.18. Encourage planned development in locations Due to the development that would be permitted, the project would least likely to cause environmental impact.
result in environmental impacts as identified in this EIR. The priority use identified for Banning Ranch is retention as open space. If it cannot be acquired for this use, development would be located in the area least likely to cause adverse impacts. Potential environmental impacts from development are minimized to the extent feasible. Other infill development and redevelopment under this proposed project would occur in already urbanized areas and minimize environmental impacts.

Policy 3.20. Support the protection of vital resources such Wetland, groundwater recharge areas, and site drainage issues have as wetlands, groundwater recharge areas, woodlands,
been or will be addressed by compliance with existing regulations production lands, and land containing unique and
administered by the appropriate regulatory agencies (i.e., CDFG, endangered plants and animals.

RWQCB, and Corps). The Natural Resource Element of the
proposed General Plan Update contains policies to protect natural and biological resources of the Banning Ranch subarea as well as water quality for the entire Planning Area.

Policy 3.21. Encourage the implementation of measures
The proposed General Plan Update includes a Historic Resources aimed at the preservation and protection of recorded and Element, with policies that promote the retention, restoration, unrecorded cultural resources and archaeological sites. adaptive reuse, and maintenance of historic structures and properties in a manner that will conserve the integrity of the resource in the best possible condition. In addition, policies of the proposed General Plan Update also serve to recognize the importance of archeological and paleontological resources and ensure the identification and protection of those resources within the City of Newport Beach.

Policy 3.22. Discourage development, or encourage the use Policies have been included in the proposed General Plan Update to of special design requirements, in areas with steep slopes, minimize all potential environmental hazards.
high fire, flood, and seismic hazards.

Policy 3.23. Encourage mitigation measures that reduce
Policies are contained in the proposed General Plan Update that noise in certain locations, measures aimed at preservation of reduce noise, preserve biological and ecological resources, reduce biological and ecological resources, measures that would exposure to seismic hazards, minimize earthquake damage, and reduce exposure to seismic hazards, minimize earthquake develop emergency response and recovery plans.
damage, and to develop emergency response and recovery
plans.

Policy 3.24. Encourage efforts of local jurisdictions in the Policies included in the proposed General Plan Update would implementation of programs that increase the supply and promote and maintain a balance of housing types and corresponding quality of housing and provide affordable housing as
affordability levels to provide for the community's demands for evaluated in the Regional Housing Needs Assessment.
housing within all economic segments of the City. Up to 15,336 new residential units (primarily multifamily units) could be provided in the City.

4.8-18 City of Newport Beach General Plan Update EIR

SCAG RCPG Policies Project Consistent
Policy 3.27. Support local jurisdictions and other service In the Public Services section of this EIR (4.11), fire protection, police providers in their efforts to develop sustainable communities protection, and schools are analyzed. Parks and Recreation is and provide, equally to all members of society, accessible discussed in Section 4.12, and Housing is discussed in Population and effective services such as: public education, housing, and Demographics (Section 4.10). The intent of the proposed health care, social services, recreational facilities, law General Plan Update is to provide these services. enforcement, and fire protection.

Core Air Quality C
Policy 5.11. Through the environmental document review This EIR has been prepared in accordance with this policy. process, ensure that plans at all levels of government
(regional, air basin, county, subregional, and local) consider air quality, land use, transportation and economic
relationships to ensure consistency and minimize conflicts.

Water Quality Chapter
Policy 11.02. Encourage "watershed management" The Natural Resources Element of the proposed General Plan programs and strategies, recognizing the primary role of Update includes goals and policies related to Water Quality that local governments in such efforts. encourage watershed management programs and strateqies.

Policy 11.05. Support regional efforts to identify and Policies in the proposed General Plan Update would ensure that cooperatively plan for wetlands to facilitate both sustaining wetland resources are managed and maintained. the amount and quality of wetlands in the region and
expediting the process for obtaining wetlands permits.

Policy 11.07. Encourage water reclamation throughout the The proposed General Plan Update has identified the minimization of region where it is cost-effective, feasible, and appropriate to water consumption and expanded use of alternative water sources as reduce reliance on imported water and wastewater goals in the Natural Resources Element. Policies to achieve this goal discharges. Current administrative impediments to increased include the promotion of water reuse facilities and increased use of use of wastewater should be addressed. recycled water.

Open Space Chapter Ancillary Goals
Policy 9.01. Provide adequate land resources to meet the The proposed General Plan Update would increase parkland due to outdoor recreation needs of the present and future residents potential acquisition of Banning Ranch for open space. Even if in the region and to promote tourism in the region. Banning Ranch is developed, a substantial portion of the site would remain open space. Provisions for parkland also exist in the Sunset Ridge and Airport Area facilities. The General Plan Update would also preserve existing recreational resources to provide an appropriate range of active and passive parkland facilities to meet park acreage standards and to meet the recreational needs of the City's population and promote tourism.

Policy 9.02. Increase the accessibility to open space lands Policies in the proposed General Plan Update would create and for outdoor recreation. maintain a parkland system that is identifiable, safe, and accessible to all users.

Policy 9.04. Maintain open space for adequate protection of Policies in the proposed General Plan Update would provide open lives and properties against natural and man-made hazards. spaces to protect development from natural environmental hazards.

City of Newport Beach General Plan Update EIR 4.8-19

Table 4.8-2 SCAG Regional Comprehensive
Plan and Guide Policies
SCAG RCPG Policies
Project Consistent
Policy 9.05. Minimize potential hazardous development in In the Geology and Soils section (4.5) of this EIR, potential hazards hillsides, canyons, areas susceptible to flooding,
associated with development in hillsides and earthquakes are earthquakes, wildfire and other known hazards, and areas analyzed. Potential hazards associated with wildfires are analyzed in with limited access for emergency equipment.

Section 4.11 (Public Services —Fire Protection) of this EIR.

Development in areas susceptible to flooding is analyzed in the Hydrology and Water Quality section (4.7) of this EIR. Developmental hazards associated with emergency access are analyzed in the Hazards and Hazardous Materials section (4.6) of this EIR. Potential hazards discussed in this EIR would be minimized through the implementation of proposed policies and mitigation measures.

Policy 9.06. Minimize public expenditure for infrastructure Policies in the proposed General Plan Update would serve to ensure and facilities to support urban type uses in areas where that the health, safety and general welfare of residents and visitors of public health and safety could not be guaranteed.
the City of Newport Beach would be provided through good land use planning and strict adherence and enforcement of the Uniform Fire Code, Certified Unified Program Agency, and other pertinent sources and documents.

Policy 9.08. Develop well -managed viable ecosystems or Policies in the proposed General Plan Update would protect, known habitats of rare, threatened, and endangered species, enhance, and sustain significant plant and wildlife species and habitat including wetlands.
along with protecting natural and biological resources within riparian corridors and wetlands. Policies are also provided to ensure that wetland resources are managed and maintained.

Regional Transportation Plan
Policy 4.01. Transportation investments shall be based on The Circulation and Land Use Elements of the proposed General SCAG's adopted Regional Performance Indicators.

Plan Update also contain goals and policies to reduce traffic congestion and provide adequate transportation facilities. During preparation of this element, SCAG's plans and policies were considered in formulation of the policies in the General Plan Update.

Policy 4.02. Transportation investments shall mitigate
The Circulation Element includes transportation improvements that environmental impacts to an acceptable level.
reduce impacts associated with the local transportation system as a result of implementation of the General Plan Update. However, as discussed in Section 4.13 (Transportation/Traffic), a significant cumulative unavoidable impact related to freeway ramps would remain. These roadways are outside the City's jurisdiction and control and impacted by regional growth. The proposed General Plan Update includes policies regarding regional traffic mitigation (CE

3.1.4) that encourage participation in programs to mitigate regional traffic congestion.

Policy 4.03. Transportation Control Measures shall be a The proposed General Plan Update contains policies to participate in priority.
regional air quality management plans, programs, and enforcement measures, including Transportation Systems Management (TSM) or Travel Demand Management (TDM).

Policy 4.16. Maintaining and operating the existing
The proposed General Plan Update incorporates policies aimed at transportation system will be a priority over expanding relieving congestion through implementation of alternative capacity.
transportation system management strategies, supporting the development of a public transportation system, and development of a convenient bikeway and hiking trail systems. All improvements would occur within existing rights of way.

4.8-20 City of Newport Beach General Plan Update EIR

Santa Ana Basin Plan
The Santa Ana Basin Plan is designed to preserve and enhance water quality and protect the beneficial uses of all regional waters. Specifically, the Basin Plan (1) designates beneficial uses for surface and ground waters, (2) sets narrative and numerical objectives that must be attained or maintained to protect the designated beneficial uses and conform to the State's anti -degradation policy, and (3) describes implementation programs to protect all waters in the region. In cases where a Basin Plan does not contain a standard for a particular pollutant, other criteria are used to establish a standard. Other criteria may be applied from State Water Resources Control Board (SWRCB) documents (e.g., the Inland Surface Waters Plan and the Pollutant Policy Document) or from water quality criteria developed under Section 304(a) of the Clean Water Act. Development within the City is required to comply with all applicable water quality requirements established by the Santa Ana and San Diego RWQCBs and SWRCB.

Therefore, implementation of the proposed project would be consistent with the relevant Basin Plans, which implement the Porter -Cologne WlaterQuako Control Act.

Local Plans
Locally -adopted land use plans, policies, or regulations that would be applicable to the proposed project include the City's Zoning Code, Coastal Land Use Plan, specific plans, and the AELUP for John Wayne Airport.

The City of Newport Beach Zoning Code, Title 20 of the City's Municipal Code, is one of the primary means of implementing the General Plan. Adoption of the proposed General Plan Update would require a review of the Zoning Ordinance regarding policies pertaining to land use, density/intensity, design and development, resource conservation, public safety, and other pertinent topics to assure consistency. In particular, the Zoning Map would need to be revised to be consistent with the proposed General Plan Update Land Use Plan, incorporating new land use categories and density limits for each parcel. Further, the General Plan Update proposes new designations that would need to be reflected in the Zoning Code.

These include a greater range of categories for residential, commercial, and industrial uses; a new "Residential Village" category that provides for a mix of housing types with local services; new mixed use categories, and the separation of "park" and "open space" categories. Further, land use designations for Banning Ranch would need to be established if this area is annexed to the City. However, State law requires that the Zoning Code be revised to reflect the adopted General Plan Update within a reasonable period of time, which is typically one year. During this time, there would be temporary conflicts between the Zoning Code and the proposed General Plan Update; however, development within the City would be required to adhere to the more restrictive regulation.

The City has Specific Plans for several areas of Newport Beach. Specific Plans are generally more limited in their scope than those authorized by the State Government Code. They are more specific than the underlying zoning requirements in their definition of permitted land uses and development standards to reflect the unique characteristics of their planning area. Specific Plan areas include the following:
■ Newport Shores
■ Mariners' Mile
■ Cannery Village/McFadden Square
City of Newport Beach General Plan Update EIR 4.8-21

■ Santa Ana Heights
■ Central Balboa
■ Old Newport Boulevard
■ Corona del Mar
A "place holder" is included in the Code for the anticipated future preparation of a specific plan for Corona del Mar.

Upon adoption of the General Plan Update, the City will review its currently adopted Specific Plans and revise these where necessary to reflect changes made in the proposed General Plan Update, such as land use, density/intensity, design and development. Comparable to the Zoning Ordinance, the statutes allow a "reasonable" time for these modifications, which the courts have generally interpreted to be one year from the date of proposed General Plan Update adoption. As the Specific Plans in the City are typically designed to refine the uses set forth in the General Plan and provide further guidance for development in the area, conflicts are anticipated to be limited, although there could be temporary conflicts between the Specific Plans and the proposed General Plan Update. However, development within the City would be required to adhere to the more restrictive regulation.

The Coastal Land Use Plan (CLUP) was prepared as required by the California Coastal Act of 1976 and as part of the Local Coastal Program (LCP). The CLUP sets forth goals, objectives, and policies that govern the use of land and water in the coastal zone within the City of Newport Beach and its SOI, with the exception of Newport Coast and Banning Ranch.63 The City Council adopted the CLUP on December 13, 2005, and the Coastal Commission subsequently certified the CLUP on February 8, 2006.

The Local Implementation Plan (LIP) is in the final stages of preparation. The proposed General Plan Update was prepared in consideration of the approved CLUP, and many of its policies were directly incorporated in the Land Use, Natural Resources, Recreation and Public Safety Elements. However, there are a number of policies in the proposed General Plan Update that may deviate from those in the approved CLUP and LIP. Among these are policies for inclusion of housing and mixed -use developments in portions of the coastal zone and the revised land use classification and density/intensity system. It will be necessary to review and amend the CLUP and LIP for consistency and submit these to the Coastal Commission for certification. During this time, there would be temporary conflicts between the CLUP and the proposed General Plan Update; however, development within the City would be required to adhere to the more restrictive regulation.

The AELUP for John Wayne Airport contains policies governing the land uses surrounding the airport.

Specifically, these policies establish development criteria that protect sensitive receptors from airport noise, persons from risk of operations, and height guidelines to ensure aircraft safety. The preparation of the proposed General Plan Update considered the guidelines in the AELUP. The Airport Area in the proposed General Plan Update includes development of new residential uses. This subarea is entirely within the Airport Environs Land Use Plan area and subject to the AELUP. Provided that residential 63 Newport Coast is governed by the previously certified and currently effective Newport Coast segment of the Orange County Local Coastal Program. Banning Ranch is a Deferred Certification Area due to unresolved planning issues for the area.

4.8-22 City of Newport Beach General Plan Update EIR

uses remain outside the 65 dBA CNEL contour, the General Plan Update would be consistent with the AELUP. AELUP Policy 3.2.1 identifies the criteria by which development within the boundaries of the AELUP may be found to be inconsistent with the Plan. These are (1) places people so that they are affected adversely by aircraft noise; (2) concentrates people in areas susceptible to aircraft accidents; (3) permits structures of excessive height in areas which would affect adversely the continued operation of the airport; or (4) permits activities or facilities that would affect adversely aeronautical operations.

Residential development in the Airport area outside of the 65 dBA CNEL noise contour would ensure that none of these criteria are met, and the project would be consistent with the AELUP.

The proposed General Plan Update would also adhere to AELUP Policy 3.2.8 regarding height restriction zones surrounding the JWA (discussed previously in Section 4.8.3, Regulatory Framework), and AELUP Policy 3.2.9, which discusses the criteria used by the Airport Land Use Commission for Orange County to categorize a structure as inconsistent with the AELUP, for any development either within or outside the AELUP planning area. Structures that would be inconsistent with the AELUP include those that: (1) are determined to be a "Hazard" by the FAA; (2) would raise the ceiling or visibility minimums at an airport for an existing or planned instrument procedure; (3) would result in a loss in airport utility; or (4) would conflict with the VFR air space used for the airport traffic pattern or enroute navigation to and from the airport. None of the development permitted under the General Plan Update would be expected to meet these criteria.

As previously discussed, the proposed General Plan Update includes Policy LU 6.15.24, which states that development must be constructed within the height limits and residential uses must be located outside of areas exposed to the 65 dBA CNEL noise contour identified in the AELUP, unless the City Council makes appropriate findings for an override in accordance with applicable law. This policy allows the possibility for residential development to occur within the 65 dBA CNEL noise contour or height limits to be exceeded. The Campus Tract area and a large property to its east are currently developed with low intensity industrial, office, and airport related uses, including a number of auto -related commercial uses including carwash, auto -detailing, rental, repair, and parts shops. This area is partially within the 65 dBA CNEL noise contour and could include residential uses, consistent with Land Use Policy 6.15.4.

Residential development within any area inside the 65 dBA CNEL would result in conflicts with AELUP Policy 3.2.1, which results in a finding of inconsistent land uses if development places people so that they are affected adversely by aircraft noise or concentrates people in areas susceptible to aircraft accidents.

Residential development within the 65 dBA CNEL would place residential units in an area adversely affected by aircraft noise and susceptible to aircraft accidents, since development would be beneath air traffic flight patterns. As such, if the AELUP is overridden by City Council, then development under the General Plan Update would be inconsistent with the AELUP. This impact would be significant.

As discussed within this impact, implementation of the proposed General Plan Update would not be inconsistent with applicable adopted plans, regulations, or policies, other than the AELUP if the City Council overrides that document. Therefore, impacts associated with potential inconsistencies with all other applicable land use plans for the City would be less than significant.

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Threshold Conflict with any applicable habitat conservation plan or natural community conservation plan
The proposed project would not conflict with any applicable habitat conservation plan or natural community conservation plan.

Implementation of the proposed General Plan Update within the City would be subject to the Orange County Central and Coastal Natural Community Conservation Plan (NCCP). As discussed under Impact

4.3-2 in Section 4.3 (Biological Resources), the project would be in conformance with this conservation plan. Policy NR 10.2 explicitly states that future development must comply with the policies contained within the Orange County Natural Communities Conservation Plan, which would ensure compatibility with the Plan. Therefore, no impacts associated with potential inconsistencies with the applicable NCCP for the City and SOI would occur.
■ Cumulative Impacts
The geographic context for the cumulative impacts associated with land use issues is Orange County, which assumes full buildout of the proposed General Plan Update, in combination with buildout of the county as currently planned.

It is anticipated that future growth within parts of the County would result in infill development.

Changes to the existing land use environment in the area could also occur through the conversion of vacant land and low density uses to higher density uses, or through conversions of existing land use (e.g., from commercial to residential). However, it is assumed that this future development would be consistent with the adopted general plans of incorporated cities within the County, as well as zoning requirements. This development is also anticipated to be consistent with CEQA review, mitigation requirements, and design review. Therefore, it can be assumed that through these requirements, future development would be substantially compatible with existing land uses. For this reason, cumulative impacts on land use as a result of incompatibilities between existing and future development would be less than significant. The contribution of the proposed General Plan Update to such cumulative land use impacts is less than significant and is thus not cumulatively considerable because development under the project would be compatible with the land uses that surround it. This cumulative impact would also be less than significant.

It is also anticipated that regional growth will be reviewed for consistency with adopted land use plans and policies by the County, City of Newport Beach, and other incorporated cities, in accordance with the requirements of CEQA, the State Zoning and Planning Law, and the State Subdivision Map Act, all of which require findings of plan and policy consistency prior to approval of entitlements for development.

For this reason, cumulative impacts associated with inconsistency of future development with adopted plans and policies would be less than significant. In addition, the contribution of the proposed General Plan Update to such cumulative impacts would be less than significant as new development would be compatible with surrounding land uses and consistent with applicable plans, policies, and regulations. As a result, development under the proposed General Plan Update would not contribute to any cumulative

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impacts associated with plan or policy inconsistency. This is considered to be a less -than -significant cumulative impact
■ Proposed General Plan Update Policies
Nearly all of the proposed General Plan Update Elements and associated policies therein would directly or indirectly affect the land use and planning effects of prospective growth within the City. The following is a partial list of policies that most directly affect implementation of the proposed project, and would further guarantee that project impacts to land use and planning would remain less than significant.

Goal LU 1 A unique residential community with diverse coastal and upland neighborhoods, which values its colorful past, high quality of life, and community bonds, and balances the needs of residents, businesses, and visitors through the recognition that Newport Beach is primarily a residential community.

Policy LU 1.1 Unique Environment
Maintain and enhance the beneficial and unique character of the different neighborhoods, business districts, and harbor that together identify Newport Beach. Locate and design development to reflect Newport Beach's topography, architectural diversity, and view sheds.

Policy LU 1.2 Citywide Identity
While recognizing the qualities that uniquely define its neighborhoods and districts, promote the identity of the entire City that differentiates it as a special place within the Southern California region.

Policy LU 1.3 Natural Resources
Protect the natural setting that contributes to the character and identify of Newport Beach and the sense of place it provides for its residents and visitors.

Preserve open space resources, beaches, harbor, parks, bluffs, preserves, and estuaries as visual, recreational and habitat resources.

Policy LU 1.4 Growth Management
Implement a conservative growth strategy that enhances the quality of life of residents and balances the needs of all constituencies with the preservation of open space and natural resources.

Policy LU 1.5 Economic Health
Encourage a local economy that provides adequate commercial, office, industrial and marine -oriented opportunities that provide employment and revenue to support high quality community services.

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Policy LU 1.6 Public Views
Protect and, where feasible, enhance significant scenic and visual resources that include open space, mountains, canyons, ridges, ocean, and harbor from public vantage points.

Goal LU 3 A development pattern that retains and complements the City's residential neighborhoods, commercial and industrial districts, open spaces, and natural environment.

Policy LU 3.4 Banning Ranch
Prioritize the retention of Banning Ranch as an open space amenity for the City and region, consolidating oil operations, enhancing wetland and other habitats, and providing parkland amenities to serve nearby neighborhoods. If the property cannot be acquired in a timely manner, allow for the development of a compact residential village that preserves the majority of the site as open space and restores critical habitat in accordance with Policies 6.3.1 through

6.5.5. Goal LU 5.1 Residential neighborhoods that are well -planned and designed, contribute to the livability and quality of life of residents, respect the natural environmental setting, and sustain the qualities of place that differentiate Newport Beach as a special place in the Southern California region.

Policy LU 5.1.1 Compatible but Diverse Development
Establish property development regulations for residential projects to create compatible and high quality development that contributes to neighborhood character.

Policy LU 5.1.2 Compatible Interfaces
Require that the height of development in nonresidential and higher density residential areas transition as it nears lower density residential areas to minimize conflicts at the interface between the different types of development.

Goal LU 5.2 Commercial centers and districts that are well -designed and planned, exhibit a high level of architectural and landscape quality, and are vital places for shopping and socialization.

Policy LU 5.2.2 Buffering Residential Areas
Require that residential areas be buffered from adjoining nonresidential uses to the extent feasible, such as retail commercial and industrial, through the establishment of performance -based regulations, the removal of nonconforming uses, and other tools such as landscape screening.

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Policy LU 5.2.3 Alley Design
Improve and enhance the aesthetic quality of alleys without impacting service access.

Goal LU 5.3 Districts where residents and businesses are intermixed that are designed and planned to assure compatibility among the uses, that they are highly livable for residents, and are of high quality design reflecting the traditions of Newport Beach.

Policy LU 5.3.1 Mixed Use Buildings
Require that mixed -use buildings be designed to convey a high level of architectural and landscape quality and ensure compatibility among their uses in consideration of the following principles:
■ Design and incorporation of building materials and features to avoid conflicts among uses, such as noise, vibration, lighting, odors, and similar impacts
■ Visual and physical integration of residential and nonresidential uses ■ Architectural treatment of building elevations and modulation of their massing
■ Separate and well-defined entries for residential units and nonresidential businesses
■ Design of parking areas and facilities for architectural consistency and integration among uses
■ Incorporation of extensive landscape appropriate to its location; urbanized streetscapes, for example, would require less landscape along the street frontage but integrate landscape into interior courtyards and common open spaces
Policy LU 5.3.2 Mixed -Use Building Location and Size of Nonresidential Uses Require that 100 percent of the ground floor street frontage of mixed -use buildings be occupied by retail and other compatible nonresidential uses, unless specified otherwise by LU 6.0 for a district or corridor.

Policy LU 5.3.3 Parcels Integrating Residential and Nonresidential Uses Require that properties developed with a mix of residential and nonresidential uses be designed to achieve high levels of architectural quality in accordance with policies 5.1.8 and 5.2.2 and planned to assure compatibility among the uses and provide adequate circulation and parking. Residential uses should be seamlessly integrated with nonresidential uses through architecture, pedestrian walkways, and landscape. They should not be completely isolated by walls or other design elements.

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Goal LU 6.2 Residential neighborhoods that contain a diversity of housing types and supporting uses to meet the needs of Newport Beach's residents and are designed to sustain livability and a high quality of life.

Policy LU 6.2.5 Neighborhood Supporting Uses
Allow for the integration of uses within residential neighborhoods that support and are complementary to their primary function as a living environment such as schools, parks, community meeting facilities, religious facilities, and comparable uses. These uses shall be designed to assure compatibility with adjoining residential addressing such issues as noise, lighting, and parking.

Goal LU 6.4 If acquisition for open space is not successful, a high -quality residential community with supporting uses that provides revenue to restore and protect wetlands and important habitats.

Policy LU 6.4.5 Planned Residential Village
Require that Banning Ranch, if not retained as open space, be developed as a cohesive urban form that provides the sense of a complete and identifiable neighborhood. Establish a development pattern that ties together individual uses into a cohesive neighborhood addressing the location and massing of buildings, architecture, landscape, connective street grid and pedestrian walkways and trails, use of key landforms, and similar elements.

Policy LU 6.4.8 Open Space Network and Parklands
Establish a framework of trails, community parklands, and natural habitats that provide the framework around which the residential village's uses are developed and interconnect residential districts, the village center, other uses, and open spaces.

Policy LU 6.4.11 Comprehensive Site Planning and Design Require the preparation of a master development or specific plan for any development on the Banning Ranch specifying lands to be developed, preserved, and restored, land uses to be permitted, parcelization, roadway and infrastructure improvements, streetscape improvements, development regulations, architectural design and landscape guidelines, processes for oil operations consolidation, habitat preservation and restoration plan, sustainability practices plan, financial implementation, and other appropriate elements.

Policy LU 6.5.1 Oil Operations
Relocate and cluster oil operations.

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Policy LU 6.5.2 Active Community Park
Accommodate a community park of a minimum of 30 acres that contains active playfields that may be lighted and is of sufficient acreage to serve adjoining neighborhoods and, if developed, residents of Banning Ranch.

Policy LU 6.5.3 Habitat and Wetlands
Restore and enhance wetlands and wildlife habitats, in accordance with the requirements of state and federal agencies.

Policy LU 6.5.4 Relationship of Development to Environmental Resources Development should be located and designed to preserve and/or mitigate for the loss of wetlands and drainage course habitat. It shall be located to be contiguous and compatible with existing and planned development along its eastern property line, preserving the connectivity of wildlife corridors, and set back from the bluff faces, along which shall be located a linear park to provide public views of the ocean, wetlands, and surrounding open spaces.

Policy LU 6.5.5 Public Views of the Property
Development shall be located and designed to prevent residences on the property from dominating public views of the bluff faces from Coast Highway, the ocean, wetlands, and surrounding open spaces.

Policy LU 6.5.6 Coordination with State and Federal Agencies Work with appropriate state and federal agencies to identify wetlands and habitats to be preserved and/or restored and those on which development will be permitted.

6.5.11 Goal LU 6.6 A medical district with peripheral medical services and research facilities that support the Hoag Hospital campus within a well -planned residential neighborhood, enabling residents to live close to their jobs and reducing commutes to outlying areas.

Policy LU 6.6.1 Hospital Supporting Uses Integrated with Residential Neighborhoods Prioritize the accommodation of medical -related and supporting facilities on properties abutting the Hoag Hospital complex (areas designated as "CO-M") with opportunities for new residential units (areas designated as "RH-C").

Policy LU 6.6.2 Residential Types
Promote the development of a mix of residential types and building scales within the densities permitted by the "RH-A" designation, which may include single-family attached, townhomes, apartments, flats, and comparable units.

Residential densities may be increased on a property as a means of promoting City of Newport Beach General Plan Update EIR 4.8-29

a variety of housing types within Newport Mesa, provided that the overall average density of 30 units per adjusted gross acre is not exceeded.

Policy LU 6.6.5 Livable Residential Neighborhood
Work with property owners and encourage the preparation of a master plan for the residential neighborhood defining park and streetscape improvements that provide amenity for local residents and enhance the area's identity.

Goal LU 6.8 A series of commercial, visitor -serving, marine related, civic, and residential neighborhoods that are vibrant throughout the year, differentiated by their historic and functional characteristics, and architectural style, yet integrated by streetscape amenities.

Policy LU 6.8.1 Urban Form
Establish development patterns that promote the reinforcement of Balboa Peninsula's pedestrian scale and urban form as a series of distinct centers/ nodes and connecting corridors.

Goal LU 6.9 A pedestrian -oriented village environment that reflects its waterfront location, providing a mix of uses that serves visitors and local residents.

Policy LU 6.9.1 Priority Uses
Encourage uses that take advantage of Lido Village's location at the Harbor's turning basin and its vitality and pedestrian character, including visitor -serving and retail commercial, small lodging facilities (bed and breakfasts, inns), and mixed -use buildings that integrate residential with retail uses (areas designated as "MU-C2", Subarea "A"). Interior parcels (Subarea `B") may also contain mixed use buildings that integrate residential with office uses (designated as "MU -Al").

Policy LU 6.9.2 Discouraged Uses
Discourage the development of new office uses on the ground floor of buildings that do not attract customer activity to improve the area's pedestrian character and restrict the development of residential along the waterfront to the upper floors of buildings above water -related, visitor -serving commercial, and similar uses.

Goal LU 6.10 A pedestrian -oriented residential neighborhood that provides opportunities for live/work facilities and supporting retail uses.

Policy LU 6.10.1 Priority Uses
Allow multi -family residential and mixed -use buildings that integrate residential above retail or live -work units throughout Cannery Village. Require mixed -use or live -work buildings to be developed on corner parcels.

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Goal LU 6.11 A water -oriented district that contains uses that support and benefit from its location fronting onto the bay, as well as provides new opportunities for residential.

Policy LU 6.11.1 Priority Uses
Accommodate water -oriented commercial and supporting uses that support harbor recreation and fishing activities, and mixed -use structures with residential above ground level water -oriented uses.

Goal LU 6.12 A pedestrian -oriented village that reflects its location on the ocean, pier, and bay front, serving visitors and local residents.

Policy LU 6.12.1 Priority Uses
Accommodate visitor- and local -serving uses that take advantage of McFadden Square's waterfront setting including specialty retail, restaurants, and small scale overnight accommodations, as well as mixed use buildings that integrate residential with ground level retail.

Goal LU 6.13 An economically viable pedestrian oriented village that serves local residents, visitors, and provides residential in proximity to retail uses, entertainment, and recreation.

Policy LU 6.13.1 Village Core (designated as "MU-A2")
Encourage local- and visitor -serving retail commercial and mixed use buildings that integrate residential with ground level retail or office uses on properties.

Policy LU 6.13.2 Bay Frontage (designated as CV -A')
Prioritize water -dependent, marine -related retail and services and visitor - serving retail.

Policy LU 6.13.3 Commercial Properties out of Village Core (designated as "RM-B") Promote re -use for residential units.

Goal LU 6.14 A successful mixed -use district that integrates an economic and commercial centers serving the needs of Newport Beach residents and the subregion, with expanded opportunities for residents to live close to jobs, commerce, entertainment, and recreation, and is supported by a pedestrian -friendly environment..

Policy LU 6.14.5 Pedestrian Connectivity and Amenity
Encourage that pedestrian access and connections among uses within the district be improved with additional walkways and streetscape amenities concurrent with the development of expanded and new uses.

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Goal LU 6.15 A mixed -use community that provides jobs, residential, and supporting services in close proximity, with pedestrian -oriented amenities that facilitates walking and enhance livability.

Policy LU 6.15.1 Land Use Districts and Neighborhoods
Provide for the development of distinct business park, commercial, and airport -serving districts and residential neighborhoods that are integrated to assure a quality environment and compatible land uses.

Policy LU 6.15.3 Underperforming Land Uses
Promote the redevelopment of sites with underperforming retail uses located on parcels at the interior of large blocks for other uses, with retail clustered along major arterials (e.g., Bristol, Campus, MacArthur, and Jamboree), except where intended to serve and be integrated with new residential development.

Policy LU 6.15.4 Primary Uses
Accommodate office, industrial, retail, automobile service, hotels, and comparable uses that are related to and support the functions of John Wayne Airport, as permitted by the "CG-C" designation, while allowing for the redevelopment of properties for residential villages that are integrated with business park uses in accordance with policies 6.15.9 through 6.15.25.

Policy LU 6.15.8 Priority Uses
Encourage the development of retail, financial services, dining, hotel, and other uses that support the John Wayne Airport, the Airport Area's office uses, and, as developed, its residential neighborhoods, as well as automobile sales and supporting uses at the MacArthur Boulevard and Bristol Street node.

Policy LU 6.15.9 Residential and Supporting Uses
Accommodate the development of multi -family residential units, including work force housing, and mixed -use buildings that integrate residential with ground level office or retail uses in areas and supporting retail, grocery stores, and parklands. This may occur as replacement of existing buildings or as infill on parking lots, provided that the parking is replaced in a structure located on - site.

Policy LU 6.15.10 Number and Size of Residential Villages Allow development of a maximum of four (4) mixed use residential villages, each centered on a neighborhood park and other amenities (as conceptually illustrated in Figure LU23). The first phase of residential development in each neighborhood shall encompass at least 10 gross acres of land, exclusive of existing rights -of -way. The 10 acres may include multiple parcels provided that they are contiguous or face one another across an existing street. The 10 acre requirement may be waived for projects of at least 5 acres if a concept plan is

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prepared that integrates existing and new uses into a cohesive mixed -use neighborhood and achieves the objectives for the Airport Area.

Policy LU 6.15.24 Airport Compatibility
Require that all development be constructed within the height limits and residential be located outside of areas exposed to the 65 dBA CNEL noise contour specified by the Airport Environs Land Use Plan (AELUP)residential, unless the City Council makes appropriate findings for an override in accordance with applicable law.

Policy LU 6.15.25 Sustainable Development Practices
Require that development achieves a high level of environmental sustainability that reduces pollution and consumption of energy, water, and natural resources. This may be accomplished through the mix and density of uses, building location and design, transportation modes, and other techniques.

Among the strategies that should be considered are the integration of residential with jobs -generating uses, use of alternative transportation modes, maximized walkability, use of recycled materials, capture and re -use of storm water on -site, water conserving fixtures and landscapes, and architectural elements that reduce heat gain and loss.

Goal LU 6.16 Development along arterial corridors that is compatible with adjoining residential neighborhoods and open spaces, is well designed and attractive, minimizes traffic impacts, and provides adequate parking.

Policy LU 6.16.5 Compatibility of Business Operations with Adjoining Residential Neighborhoods
Work with local businesses to assure that retail, office, and other uses do not adversely impact adjoining residential neighborhoods. This may include strategies addressing hours of operation, employee loitering, trash pickup, truck delivery hours, customer arrivals and departures, and other activities.

Policy LU 6.16.6 Design Compatibility with Adjoining Residential Neighborhoods Require that building elevations facing adjoining residential units be designed to convey a high quality character and assure privacy of the residents, and that properties be developed to mitigate to the maximum extent feasible impacts of lighting, noise, odor, trash storage, truck deliveries, and other business activities. Building elevations shall be architecturally treated and walls, if used as buffers, shall be well -designed and landscaped to reflect the area's residential village character.

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Goal LU 6.18 A corridor of uses and services that support Hoag Hospital and adjoining residential neighborhoods.

Policy LU 6.18.1 Priority Uses
Accommodate uses that serve adjoining residential neighborhoods and support Hoag Hospital, including, on the east side of the Boulevard, mixed use buildings that integrate residential above ground level retail or office uses and live/work facilities.

Policy LU 6.18.2 Discouraged Uses
Highway -oriented retail uses should be discouraged and new "heavy" retail uses, such as automobile supply and repair uses, prohibited.

Goal LU 6.19 A corridor that reflects and takes advantage of its location on the Newport Bay waterfront, supports and respects adjacent residential neighborhoods, and exhibits a quality visual image for travelers on Coast Highway.

Policy LU 6.19.1 Differentiated Districts
Differentiate and create cohesive land use districts for key subareas of Mariners' Mile by function, use, and urban form. These should include (a) harbor -oriented uses with limited residential along the waterfront; (b) community/neighborhood serving "village" generally between Riverside Avenue and the southerly extension of Irvine Avenue, and (c) highway - oriented commercial.

Policy LU 6.19.2 Bay Fronting Properties (designated as "MU-C1'9 Encourage marine -related and visitor -serving retail, restaurant, hotel, institutional, and recreational uses, and allow residential uses on parcels with a minimum frontage of 200 lineal feet where a minimum of 50% of the permitted square footage shall be devoted to nonresidential uses.

Policy LU 6.19.4 Inland side of Coast Highway (designated as WU--B1" and "CG-B') Accommodate a mix of visitor and local -serving retail commercial, residential, and public uses. The Coast Highway frontage shall be limited to nonresidential uses. On Inland parcels, generally between Riverside Avenue and Tustin Avenue, priority should be placed on accommodating uses that serve upland residential neighborhoods such as grocery stores, specialty retail, small service office, restaurants, coffee shops, and similar uses.

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Goal LU 6.20 A pedestrian -oriented "village" serving as the center of community commerce, culture, and social activity and providing identity for Corona del Mar.

Policy LU 6.20.1 Primary Uses
Accommodate neighborhood -serving uses that complement existing development.

Policy LU 6.20.5 Complement the Scale and Form of Existing Development Permit new development at a maximum intensity of 0.5 FAR, but allow existing buildings that exceed this intensity to be renovated, upgraded, or reconstructed to their pre-existing intensity.

Goal NR 10 Protection of sensitive and rare terrestrial and marine resources from urban development.

Policy NR 10.2 Orange County Natural Communities Conservation Plan Comply with the policies contained within the Orange County Natural Communities Conservation Plan.

Airport Environs Land Use Plan for John Wayne Airport —Land Use Policies The policies listed below are from the AELUP for John Wayne Airport, prepared by the Airport Land Use Commission. These policies are not part of the General Plan Update and are included here for reference only.

AELUP 3.2.1 General Policy
The General Land Use policy of the Airport Land Use Commission for Orange County shall be:

Within the boundaries of the AELUP, any land use may be found to be inconsistent with the AELUP which
■ Places people so that they are affected adversely by aircraft noise, ■ Concentrates people in areas susceptible to aircraft accidents, ■ Permits structures of excessive height in areas which would affect adversely the continued operation of the airport, or
■ Permits activities or facilities that would affect adversely aeronautical operations.

AELUP 3.2.8 Height Restriction Zone
Any object, which by reason of its height or location would interfere with the established, or planned, airport flight procedures, patterns, or navigational systems, is unacceptable to the Commission. Similarly, any proposal which would cause a diminution in the utility of an airport is unacceptable to the Commission. The standards, criteria, and procedures promulgated by the FAA for the thorough City of Newport Beach General Plan Update EIR 4.8-35

evaluation of development projects are designed to ensure the safe and efficient use of the navigable airspace. The application of these principles by the Commission will ensure the stability of local air transportation, as well as promote land uses that are compatible with the airport environs. However, any object which rises above the height of surrounding development, or which is located in close proximity to any of the various flight paths, must be clearly visible during hours of twilight or darkness and must not threaten, endanger, or interfere with aeronautical operations. Such objects, even if within the above height restrictions, are not acceptable to the Commission unless they are clearly marked or lighted according to FAA standards.

AELUP 3.2.9 Airspace/Airport Inconsistency
In reviewing projects, the Commission will find any structure, either within or outside of the planning areas, inconsistent with this AELUP if it:
■ Is determined to be a "Hazard" by the FAA;
■ Would raise the ceiling or visibility minimums at an airport for an existing or planned instrument procedure (i.e., a procedure consistent with the FAA -approved airport layout plan or a proposed procedure formally on file with the FAA); ■ Would result in a loss in airport utility, e.g. in a diminution of the established operational efficiency and capacity of the airport, such as by causing the usable length of the runway(s) to be reduced; or
■ Would conflict with the VFR air space used for the airport traffic pattern or enroute navigation to and from the airport.

AELUP 3.2.10Avigation Easements
The dedication of an avigation easement in favor of an airport proprietor is designated as a method which may be employed by the airport proprietors for controlling and reducing noise problems surrounding airports, pursuant to Title 21, California Code of Regulations, Section 5037.

Therefore, in recognition of Section 5037 and in order to codify long-standing Commission policy and practice as exemplified by Airport Land Use Commission Resolution 79-2, the continuing policy of the Commission is that an avigation easement may be considered by the Commission if so requested by a local agency or project proponent as a factor which may render a land use, within the AELUP planning area set forth in Section 3.2.2 (Noise Impact Zone "1"), consistent with the AELUP. However, nothing in this section shall be deemed to confer upon the Commission the legal jurisdiction or authority to require, compel or mandate the dedication of an avigation easement as a condition of consistency; and the lack of an avigation easement shall not constitute the basis for a determination by the Commission that a project is inconsistent with the AELUP. This section is applicable only to projects submitted to the Commission by local agencies after the adoption of the revisions set forth herein and only to projects within the subject matter jurisdiction of the Commission.

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AELUP 3.3 Specific Policies for Consistency Determinations AELUP 3.3.1 As set forth in Public Utilities Code Sections 21676 and 21676.5 and as discussed in the California Airport Land Use Planning Handbook, a key responsibility of an airport land use commission is to review particular types of local actions for compliance with the criteria and policies set forth in a commission's adopted compatibility plan.

AELUP 3.3.2 Section 3.0 of the Airport Environs Land Use Plan sets forth the policies and criteria by which a local action can be reviewed, and a determination made of its consistency/inconsistency with the AELUP.

AELUP 3.3.3 The ALUC may find a local action consistent with the AELUP; or AELUP 3.3.4 The ALUC may find a local action consistent with the AELUP with condition(s) attached if the local agency/project proponent offer such conditions. These conditions serve to mitigate a project which would otherwise be found inconsistent with the AELUP; or
AELUP 3.3.5 The ALUC may find an action inconsistent with the AELUP.

AELUP 3.3.6 Examples of conditions which may serve to mitigate a project/action and thus may permit the ALUC to make a finding of consistency include the following:
■ Requirement for the lighting of structures per FAA Standards as set forth in FAA Advisory Circular 70/7460-1J "Obstruction Marking and Lighting". ■ Specification of maximum density of residential development ■ Specification of maximum intensity of non-residential development ■ Appropriate written notification, (as set forth in the "Noise Disclosure" and "Notice of Airport in Vicinity" definitions), for residential and other noise sensitive land uses (as described in Table 1), of aircraft noise impact, to all initial and subsequent buyers, lessees, and renters within the AELUP Noise Impact Zones set forth in Sections 3.2.2 and 3.2.4, may on a case -by -case basis be a condition/mitigation for a land use to be found consistent with this AELUP. ■ Inclusion of a statement on the Final Tract or Parcel Map and the Deed Disclosure Notice, for property in Noise Impact Zone " 1 " or Zone "2", that the residential or other noise -sensitive land use property is subject to aircraft noise impact in substantially this form:
> This property is in an area in the vicinity of John Wayne Airport and as a result residents and occupants of buildings may experience inconvenience, annoyance or discomfort arising from the noise resulting from aircraft operating at the airport.
> State law (Public Utilities Code Section 21670 et seq) establishes the importance of public use airports for the protection of public interest of the people of the State of California. Residents and building occupants near a public airport should therefore be prepared to accept such inconvenience, annoyance, or discomfort from normal aircraft operations.

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> Any subsequent deed conveying parcels or lots shall contain a statement in substantially this form.
■ Presentation of evidence that commercial and industrial structures are sufficiently sound attenuated to allow normal work activities to be conducted. The structures should be attenuated to at least meet the level specified in Section 3.2.3 (Noise Impact Zone "1").
■ If offered by a local agency or project proponent, dedication of an avigation easement in favor of an airport proprietor for residential and other noise -sensitive uses as described in Table 1 under "Community Facilities" of this AELUP.

The dedication of an avigation easement in favor of an airport proprietor is designated as a method which may be employed by airport proprietors for controlling and reducing noise problems surrounding airports, pursuant to Title 21, California Code of Regulations, Section 5037.
■ Application of a "Notice of Airport in Vicinity" prior to January 1, 2004. The Commission may elect to mitigate a residential action/project under the "airport influence area" as defined by Subdivision (b) of Section 11010 of the Business and Professions Code, by including a condition based on the language added to Section 11010 of the Business and Professions Code prior to the operative date Qanuary 1, 2004) of this section by the inclusion of the following language on the Final Tract or Parcel Map and the Deed Disclosure Notice for residential property.

NOTICE OF AIRPORT IN VICINITY
This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibration, or odors). Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase and determine whether they are acceptable to you. ■ Other condition(s) as determined by the Commission which would mitigate an action/project.
■ Impacts and Mitigation Measures
No mitigation measures are feasible to reduce impacts associated with land use conflicts and AELUP conflicts.

Level of Significance After Policies/Mitigation Measures Impacts associated with land use compatibility would be less than significant, with the exception of land use conflicts from residential development within the 65 dBA CNEL Contour in the Airport Area.

Land Use conflicts in the airport area due to residential development, if it occurs, would be significant and unavoidable.

4.8-38 City of Newport Beach General Plan Update EIR

Impacts associated with the physical division of an established community would be less than significant.

Impacts associated with potential conflicts with adopted plans and policies would be less than significant, with the exception of AELUP conflicts. If residential development occurs within the 65 dBA CNEL contour, then conflicts with the AELUP would be significant and unavoidable.

No impacts associated with potential inconsistencies with the applicable NCCP would occur.

4.8.6 References
Airport Land Use Commission. 2002. Orange County Airport Environs Land Use Plan for John Wayne Airport, December 19.

Newport Beach, City of. 2004. Technical Background Report, June.

Airport Land Use Commission, 2002. Orange County Airport Environs Land Use Plan for John Wayne Airport. December 19.

City of Newport Beach General Plan Update EIR 4.8-39

4.9 NOISE

4.9.1 Introduction
This section evaluates the impacts of the proposed General Plan Update associated with noise within the City of Newport Beach. The Initial Study (Appendix A) identified the potential for the General Plan Update to result in adverse impacts resulting from: the exposure of persons to or generation of noise levels in excess of established standards and excessive groundborne vibration or noise levels; a substantial temporary, periodic, or permanent increase in ambient noise levels in the project vicinity above levels existing without the project; exposure of persons residing or working in the project area subject to a airport land use plan to excessive noise levels. Since there are no private airstrips in the vicinity of the City, the project would not expose people residing or working the project area to excessive noise levels.

This effect will not be further discussed in this EIR.

Two comment letters associated with noise were received in response to the Initial Study/Notice of Preparation (IS/NOP) circulated for the General Plan Update. The John Wayne Airport QWA) requested that the EIR address impacts of any new residential development policies that may impact the Airport Area, considering JWA's existing and future airport operations and the proximity of this subarea to the Airport. The letter requests that the EIR contain General Plan policies and/or mitigation measures be incorporated that meet specified requirements. The Airport Land Use Commission also requested the EIR contain certain General Plan policies and/or mitigation measures that would reduce impacts related to the nearby airport. Section 4.3.5 (Project Impacts, Mitigation Measures, and Proposed Policies) provides such an analysis.

4.9.2 Existing Conditions
L Fundamentals of Sound and Environmental Noise
Sound is created when objects vibrate and produce pressure variations that move rapidly outward into the surrounding air. The main characteristics of these air pressure waves are amplitude, which we experience as a sound's "loudness," and frequency, which we experience as a sound's "pitch." The standard unit of sound amplitude is the decibel (dB), which is a measure of the physical magnitude of the pressure variations relative to the human threshold of perception. The human ear's sensitivity to sound amplitude is frequency -dependent, and so a modification is usually made to the decibel to account for this; A -weighted decibels (dBAs) incorporate the additional human sensitivity to a sound's frequency.

Noise is generally defined as "unwanted" sound, aspects of which can negatively affect the physiological or psychological well-being of individuals or communities. A typical noise environment consists of a base of steady ambient noise that is the sum of many distant and indistinguishable noise sources.

Superimposed on this background noise are the effects of distinguishable sources (e.g., an occasional aircraft or train passing, the virtually continuous roar of traffic on a major highway). Table 4.9-1 (Representative Environmental Noise Levels) lists representative noise levels for the environment.

City of Newport Beach General Plan Update EIR 4.9-1

Table 4.9-1 Representative
Common Outdoor AcHvNes
Environmental
Noise Level dBA
Noise Levels
Common Indoor Activities
—110—
Rock Band
Jet Fly -over at 100 feet
—105-
-100—
Gas Lawnmower at 3 feet
—95-
-90-
-85—
Food Blender at 3 feet
Diesel Truck going 50 mph at 50 feet
—80—
Garbage Disposal at 3 feet
Noisy Urban Area during Daytime
—75—
Gas Lawnmower at 100 feet
—70—
Vacuum Cleaner at 10 feet
Commercial Area
—65—
Normal Speech at 3 feet
Heavy Traffic at 300 feet
—60-
-55—
Large Business Office
Quiet Urban Area during Daytime
—50—
Dishwasher in Next Room
—45—
Quiet Urban Area during Nighttime
—40—
Theater, Large Conference Room (background)
Quiet Suburban Area during Nighttime
—35-
-30—
Library
Quiet Rural Area during Nighttime
—25—
Bedroom at Night, Concert Hall (background)
—20-
-15—
Broad cast/Record ing Studio
—10-
-5—
Lowest Threshold of Human Hearing
—0—
Lowest Threshold of Human Hearing
SOURCE: California Department of Transportation 1998
Several quantitative indicators are commonly used to gauge the likelihood that environmental noise would have an adverse effect on a community. These indicators consider that the most disruptive aspects effect of noise are strongly associated with the average acoustical energy content of the sound over the time it occurs and/or with the time of day when the sound occurs. The indicators used in this EIR are as follows:
■ Leq, the equivalent energy noise level, is the average acoustic energy content of noise over any chosen exposure time. The Leq is the constant noise level that would deliver the same acoustic energy to the ear as the actual time -varying noise over the same exposure time. Leq does not depend on the time of day during which the noise occurs. ■ Ldn, the day -night average noise level, is a 24-hour average Leq with a 10 dBA "penalty" added to noise during the hours of 10:00 P.M. to 7:00 A.M. to account for increased nighttime noise sensitivity. Because of this penalty, the Ldn would always be higher than its corresponding 24-hour Leq (e.g., a constant 60 dBA noise over 24 hours would have a 60 dBA Leq, but a 66.4 dBA L j. ■ CNEL, the community noise equivalent level, is an Ld,, with an additional 5 dBA "penalty" for the evening hours between 7:00 P.M. to 10:00 P.M.

4.9-2 City of Newport Beach General Plan Update EIR

Community noise exposures are typically represented by 24-hour descriptors, such as Ldn or CNEL. One - hour and shorter -period descriptors are useful for characterizing noise caused by short-term activities, such as the operation of construction equipment.

Community noise environments are generally perceived as "quiet" when Ldn/CNEL is below 45 dBA, "moderate" in the 45 to 60 dBA range, and "loud" above 60 dBA. Very noisy urban residential areas are usually around 70 dBA Ldn/CNEL. Along major thoroughfares, roadside noise levels are typically between 65 and 75 dBA Ldn/CNEL. Three to 5 dBA increments to existing one -hour Leg, or to the Ldn/CNEL, are commonly used as threshold for an adverse community reaction to a noise increase. But there is evidence that incremental thresholds in this range may not be significantly protective in areas where noise sensitive use are located and Ldn/CNEL is already high (i.e., above 60 dBA); in these areas limiting noise increases to 3 dBA or less is recommended.64 Any noise intrusions that cause short-term interior levels to rise above 45 dBA at night can disrupt sleep. Eight -hour or longer exposures to noise levels greater than 85 dBA can cause permanent hearing damage. ■ Fundamentals of Environmental Groundborne Vibration
Vibrating objects in contact with the ground radiate energy through that medium; if a vibrating object is massive enough and/or close enough to the observer, its vibrations are perceptible. The rumbling sound caused by the vibration of room surfaces is called groundborne noise. The ground motion caused by vibration is measured in vibration decibels (VdB).

The background vibration velocity level in residential areas is usually around 50 VdB. The vibration velocity level threshold of perception for humans is approximately 65 VdB. A vibration velocity level of 75 VdB is the approximate dividing line between barely perceptible and distinctly perceptible levels for many people. Most perceptible indoor vibration is caused by sources within buildings such as the operation of mechanical equipment, movement of people, or the slamming of doors. Typical outdoor sources of perceptible groundborne vibration are construction equipment, steel -wheeled trains, and traffic on rough roads. If a roadway is smooth, the groundborne vibration from traffic is rarely perceptible. The range of interest is from approximately 50 VdB, which is the typical background vibration velocity level, and 100 VdB, which is the general threshold where minor damage can occur in fragile buildings.

The general human response to different levels of groundborne vibration velocity levels is described in Table 4.9-2.
64 Federal Transit Administration, Transit Noise and Vibration Impact Assessment, DOT-T-95-16, April 1995.

City of Newport Beach General Plan Update EIR 4.9-3

Table 4.9-2 Human Response to Different Levels of Groundborne Vibration Vibration Velocity Level Human Reaction
65 VdB
Approximate threshold of perception for many people.
75 VdB
Approximate dividing line between barely perceptible and distinctly perceptible. Many people find that transportation -related vibration at this level is unacceptable. 85 VdB
Vibration acceptable only if there are an infrequent number of events per day.

SOURCE: Federal Transit Administration 1995
■ Existing Noise Levels
Existing ambient daytime noise levels were measured at twenty selected locations on December 18, 2003, and December 19, 2003, in order to identify representative noise levels in various areas of the Planning Area. These locations are shown in Figure 4.9-1.

Noise levels were monitored using a Larson -Davis Model 814 precision sound level meter, which meets the standards of the American National Standards Institute (ANSI) for general environmental noise measurement instrumentation. The average noise levels and sources of noise measured at each location are identified in Table 4.9-3.

Existing 24-hour traffic noise levels have been calculated for Coast Highway and the roadways with the highest traffic volumes in the Planning Area. This task was accomplished using the Federal Highway Administration Highway Noise Prediction Model (FHWA-RD-77-108). The model calculates the average noise level at specific locations based on traffic volumes, average speeds, roadway geometry, and site environmental conditions.

The model was used to calculate noise levels along the Coast Highway, Jamboree Road, MacArthur Boulevard, and other busy streets in the Planning Area. The existing roadway 70 dBA, 65 dBA, and 60 dBA Ldn noise contours are shown in Figure 4.9-2, Figure 4.9-3, and Figure 4.9-4. Existing residential uses in close proximity to these highway and roadway segments are exposed to high noise levels on a regular basis. Table 4.9-4 lists the existing roadway noise levels at 100 feet from roadway centerlines.

Construction activities are a regular and on -going source of noise throughout the Planning Area. The noise levels generated by construction activities are generally isolated to the immediate vicinity of the construction site and occur during daytime hours in accordance with City regulations (discussed below).

Construction activities also occur for relatively short-term periods of a few weeks to a few months and then the noise sources are removed from the construction area.

The Harbor area is a mix of residential and commercial land uses, often located in close proximity to each other. Commercial uses that generate noise include shipyards, and restaurants that create noise on a regular basis from nighttime activities. Sometimes these nighttime activities generate noise levels that disturb nearby residents when they are trying to sleep and result in complaints filed with the City Police Department. Residences throughout the Planning Area are also known to occasionally generate noise from parties that result in complaints filed with the local authorities.

4.9-4 City of Newport Beach General Plan Update EIR

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Noise Measurement Location
Primary Noise Sources
Noise Level Statistics
Leq
Wn
L.

1. Hoag Hospital
Traffic on Newport Beach
Boulevard

55.6 49.5

63.3 2. 127 41s' Street -Corner of Balboa Boulevard
Traffic on Balboa Boulevard

67.4 48.0

77.9 3.204 Via Antibes -Corner of Via Lido Nord
Traffic on Via Lido Nord

59.4 44.1

77.2 4.601 Via Lido Nord -Corner of Via Orvieto
Traffic on Via Orvieto

58.9 41.0

75.8 5. Park at Look Out Point
Traffic on Coast Highway

61.6 53.8

82.5 6. Adjacent to 331 Mayflower-Deanza Trailer Park
Traffic on Coast Highway

58.4 45.9

70.5 7. Southwest corner of Patolita Road and Bonnie Doone Terrace Traffic on Coast Highway

58.2 45.1

67.5 8. Corner of Park Road and Onyx Road
Traffic on Park Road

61.7 45.2

78.8 9.214 Coronado Road
Traffic on Balboa Boulevard

63.1 48.0

77.4 10. End of Adams Road
Boating facilities

60.5 50.3

78.7 11. Vacant Lot on Bayside Drive
Traffic on Bayside Drive

59.4 42.4

69.9 12. Front Yard of 415'/z Marguerite Avenue
Traffic on Marguerite Avenue

60.5 50.0

75.6 13.Crystal Cove Commercial Center -next to housing at south end of parking lot
Commercial use activities

56.0 43.0

72.4 14. Adjacent to Newport Beach Fire Department
Traffic on Newport Coast Drive

61.8 47.0

81.1 15. Corner of Pt. Conception and El Capitan
Traffic on San Joaquin Road

40.2 33.4

53.8 16. North of Sausalito Street on Marguerite Avenue Traffic on Marguerite Avenue

66.0 41.8

82.3 17. Intersection of San Miguel Drive and Yacht Coquette Traffic on San Miguel Drive

66.1 47.2

85.2 18.500 yards east of MacArthur Boulevard on Bonita Canyon Drive Traffic on Bonita Canyon Drive

64.9 53.2

75.1 19. Eastbluff Drive N.E. of Vista Del Oro
Traffic on Eastbluff Drive

62.8 47.0

73.0 20. Bison and Belcourt Drive North
Traffic on Bison

63.3 50.4

78.9 SOURCE: EIP Associates 2003: noise monitoring records are provided in the Technical Background Report Noise levels were monitored for 15 minutes at each location on December 18 and 19, 2003.

Lmin, the minimum instantaneous noise level experienced during the measurement period.

Lmax, the maximum instantaneous noise level experienced during the measurement period. ■ Existing Noise Environment
The dominant noise sources throughout the Planning Area are transportation -related. These include automobiles, trucks, motorcycles, boats, and aircraft. Motor vehicle noise is of concern, because it is characterized by a high number of individual events, which often create a sustained noise level, and its proximity to areas sensitive to noise exposure.

Within the Planning Area, the source of freeway/highway noise is the Corona Del Mar Freeway (State Route 73). There are few residences in proximity to the State Route 73 and the existing residences in proximity to the San Joaquin Hills Transportation Corridor have already included noise mitigation measures. The major sources of motor vehicle traffic noise from surface streets are Coast Highway, Jamboree Road, and MacArthur Boulevard. Many of the newer residential uses built near the major City of Newport Beach General Plan Update EIR 4.9-7

roadways include some noise protection features (e.g., sound barriers or grade separations). Such features are usually lacking for older residential developments.

Newport Beach has the largest small boat harbor in Southern California. Thousands of boats operate near noise -sensitive residential uses that border much of Newport Harbor. Noise associated with these boats can be a problem to these residences. Of particular concern are the charter boats, which generate engine noise and noise from the occupants, as well as use loudspeakers or live entertainment.

The JWA serves both general aviation and commercial passenger/cargo operations. Although aircraft noise can be heard throughout the Planning Area, the highest noise levels are experienced just south of the airport and are generated by aircraft departures.

Portions of the north -central part of the Planning Area are located within the 65 and 60 dBA CNEL noise contours for JWA, as shown in Figure 4.9-2.

Stationary sources of noise within the Planning Area include building mechanical equipment (e.g., air conditioners, ventilation systems, pool pumps, etc.); public address systems at schools and retail businesses; mechanical tools at commercial and industrial facilities; and outdoor social and entertainment activities (e.g., nightclub operations in the Harbor area).

4.9.3 Regulatory Setting
Various standards have been developed to address the compatibility of land uses and noise levels. The applicable standards are presented in the following discussion. Special emphasis is placed on land uses that are considered to be sensitive to high noise levels. Typical sensitive receptors include residences, schools, child care centers, hospitals, long-term health care facilities, convalescent centers, and retirement homes. Each of these land use types currently occur within the Planning Area. ■ Federal
The following federal regulations apply to projects as specified below:
■ The Federal Highway Administration (FHWA) requires abatement of highway traffic noise for federally funded highway projects as specified in Code of Federal Regulations (23 CFR Part 772). ■ The Federal Transit Administration (FTA) and Federal Railroad Administration (FRA) each recommend noise and vibration assessment/abatement for federally funded mass transit or high- speed railroad projects that would pass by residential areas. ■ The U.S. Department of Housing and Urban Development (HUD) requires minimum noise insulation standards for HUD -funded housing projects as specified in Code of Federal Regulations (24 CFR Part 51, Subpart B).
■ The Federal Aviation Administration (FAA) limits residential exterior or interior aircraft noise exposures to no more than 65 dBA CNEL or 45 dBA CNEL, respectively, under its FAR Part 150 Noise Compatibility Planning program for airports, which apply to the operation of JWA.

4.9-8 City of Newport Beach General Plan Update EIR

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Roadway
Table 4.9-4 Existing Roadway Noise Levels
Reference Ld. at 100
Roadway Segment Feefa
Distance to Noise Contourb
70 Ldn
65 Lan
60 Ld„
161h Street
Irvine Avenue to Dover Drive

55.7 -
-
52 32nd Street
West of Newport Boulevard

57.7 -
-
71 Avocado Avenue
South of San Miguel Drive

62.2 -
65 140
North of Coast Highway

61.8 -
61 132
Balboa Boulevard
South of Coast Highway

60.3 -
48 104
Bayside Drive
South of Coast Highway

60.2 -
-
103
Birch Street
Jamboree Road to Von Karman Avenue

61.0 -
54 116
Von Karman Avenue to MacArthur
Boulevard

61.9 -
63 135
West of MacArthur Boulevard

62.2 -
65 141
North of Bristol Street North

63.8 -
83 179
Bristol Street North to Bristol Street
South

63.0 -
73 158
South of Bristol Street South

61.9 -
63 135
Bison Avenue
Jamboree Road to MacArthur Boulevard

61.6 -
-
128
MacArthur Boulevard to SR-73 Freeway

61.2 -
-
121
Bonita Canyon Drive
East of MacArthur Boulevard

66.7 60
130
279
West of SR-73 Freeway

64.8 -
98 210
Bristol Street North
West of Campus Drive

64.6 -
94 202
Campus Drive to Birch Street

64.9 46
99 214
East of Birch Street

64.8 45
96 207
West of Jamboree Road

63.4 -
78 168
Bristol Street South
West of Campus Drive/Irvine Avenue

64.6 -
94 202
Campus Drive to Birch Street

63.6 -
81 175
East of Birch Street

63.4 -
78 168
West of Jamboree Road

66.2 56
121
261
Campus Drive
Jamboree Road to Von Karman Avenue

62.2 -
65 141
Von Karman Avenue to MacArthur
Boulevard

63.2 -
76 163
West of MacArthur Boulevard

65.6 51
109
235
North of Bristol Street North

65.9 53
115
247
Bristol Street North to Bristol Street
South

66.2 56
120
258
Coast Highway
West of 15th Street

68.0 74
159
344
Superior Avenue to Newport Boulevard

66.3 -
123
264
Newport Avenue to Riverside Avenue

66.3 -
123
265
Riverside Avenue to Tustin Avenue

65.5 -
108
232
Tustin Avenue to Dover Drive

66.5 59
127
273
Dover Drive to Bayside Drive

69.4 91
197
424
Bayside Drive to Jamboree Road

68.9 85
183
394
City of Newport Beach General Plan Update EIR 4.9-15

Roadway
Table 4.9-4 Existing Roadway Noise Levels
Reference Lh at 100
Roadway Segment Feep
Distance to Noise Contourb
701en
65 lei
601d„
Jamboree Road to Newport Center Drive

68.3 77
166
358
Newport Center Drive to Avocado
Avenue

67.1 64
138
298
Avocado Avenue to MacArthur
Boulevard

64.7 -
95 205
MacArthur Boulevard to Goldenrod
Avenue

64.9 -
98 211
Goldenrod Avenue to Marguerite Avenue

64.6 43
94 202
Marguerite Avenue to Poppy Avenue

64.3 -
90 193
Poppy Avenue to Newport Coast Drive

66.1 -
119
257
East of Newport Coast Drive

69.3 89
193
415
Dover Drive
Irvine Avenue to Westcliff Drive

57.1 -
-
65 Westcliff Drive to 16th Street

63.4 36
79 169
16th Street to Cliff Drive

64.0 40
86 184
Cliff Drive to Coast Highway

64.6 44
94 204
Eastbluff Drive
West of Jamboree Road at University
Drive

60.2 -
-
103
West of Jamboree Road at Ford Road

60.7 -
-
112
Ford Road
Jamboree Road to MacArthur Boulevard

61.0 -
54 1116
Hospital Road
Placentia Avenue to Newport Boulevard

58.9 -
-
85 East of Newport Boulevard

56.2 -
-
56 Irvine Avenue
Bristol Street South to Mesa Drive

65.7 52
112
241
Mesa Drive to University Drive

66.3 57
123
264
University Drive to Santa Isabel Avenue

66.6 59
128
275
Santa Isabel Avenue to Santiago Drive

63.5 -
79 170
Santiago Drive to Highland Drive

63.2 -
75 162
Highland Drive to Dover Drive

63.2 -
75 162
Dover Drive to Westcliff Drive

62.3 -
66 142
Westcliff Drive to 16th Street

59.6 -
-
95 Jamboree Road
Campus Drive to Birch Street

68.4 78
167
361
Birch Street to MacArthur Boulevard

69.0 86
186
400
MacArthur Boulevard to Bristol Street
North

68.4 78
167
361
Bristol Street North to Bristol Street
South

69.5 93
200
431
Bristol Street South to Bayview Way

69.5 93
200
431
Bayview Way to University Drive

69.5 93
1 200
431
University Drive to Bison Avenue

68.5 79
171
367
Bison Avenue to Ford Road

68.7 82
177
381
Ford Road to San Joaquin Hills Road

69.4 92
197
425

4.9-16 City of Newport Beach General Plan Update EIR

Roadway
Table 4.9-4 Existing Roadway Noise Levels
Reference Ld. at 100
Roadway Segment Feeta
Distance to Noise Contourb
70 Ldn
65 Ldn
60 Ldn
San Joaquin Hills Road to Santa Barbara
Road

68.1 75
161
347
Santa Barbara Road to Coast Highway

67.8 72
155
334
Coast Highway to Bayside Drive

59.6 -
-
95 MacArthur Boulevard
Campus Drive to Birch Street

67.1 64
138
298
Birch Street to Von Karman Avenue

66.2 -
121
260
Von Karman Avenue to Jamboree Road

66.9 63
135
290
South of Jamboree Road

68.1 75
162
349
North of Bison Avenue

71.7 130
279
602
Bison Avenue to Ford Road

72.2 141
303
654
Ford Road to San Joaquin Hills Road

71.6 127
274
590
San Joaquin Road to San Miguel Road

68.6 81
175
377
San Miguel Road to Coast Highway

67.7 70
152
327
Marguerite Avenue
South of San Joaquin Hills Road

58.6 -
-
81 North of Coast Highway

53.8 -
-
39 Mesa Drive
East of Irvine Drive

61.0 -
54 116
Newport Boulevard
North of Hospital Road

67.2 65
141
304
Hospital Road to Coast Highway

66.8 -
131
283
Coast Highway to Via Lido

65.9 -
115
248
Via Lido to 32nd Street

63.6 -
71 174
South of 32nd Street

62.7 -
70 151
Newport Center Drive
North of Coast Highway

63.1 -
75 162
Newport Coast Drive
SR-73 Freeway to San Joaquin Hills
Road

66.8 62
133
286
South of San Joaquin Hills Road

66.6 -
127
274
North of Coast Highway

65.6 -
110
236
Placentia Avenue
North of Superior Avenue

61.0 -
54 116
Superior Avenue to Hospital Road

58.6 -
-
81 Riverside Avenue
North of Coast Highway

57.1 -
-
65 San Joaquin Hills Road
Jamboree Road to Santa Cruz Road

63.7 -
82 177
Santa Cruz Road to Santa Rosa Road

62.1 -
64 138
Santa Rosa Road to MacArthur
Boulevard

64.9 -
98 212
MacArthur Boulevard to San Miguel
Road

64.3 -
90 194
San Miguel Road to Marguerite Avenue

64.2 -
89 191
Marguerite Avenue to Spyglass Hill Road

63.6 -
81 173
Spyglass Hill Road to Newport Coast
Drive

64.4 -
91 196
San Miguel Drive
North of Spyglass Hill Road

59.9 -
-
98 South of Spyglass Hill Road

59.9 -
-
1 98
City of Newport Beach General Plan Update EIR 4.9-17

Roadway
Table 4.9-4 Existing Roadway Noise Levels
Reference Ldh at 100
Roadway Segment Feeta
Distance to Noise Contourb
70 Ldn
65 Ld„
60 Ld„
North of San Joaquin Hills Road

62.2 —
65 140
San Joaquin Hills Road to MacArthur
Boulevard

61.0 _
54 116
MacArthur Boulevard to Avocado
Avenue

61.6 _
60 128
West of Avocado Avenue

58.8 —
—
84 Santa Barbara Drive
East of Jamboree Road

60.2 —
—
103
Santa Cruz Drive
South of San Joaquin Hills Road

57.9 72
Santa Rosa Drive
South of San Joaquin Hills Road

60.6 —
51 110
Santiago Drive
Tustin Avenue to Irvine Avenue

54.6 —
—
44 Spyglass Hill Road
San Miguel Drive to San Joaquin Hills
Road

56.1 —
—
55 Superior Avenue
North of Placentia Avenue

62.5 —
68 147
Placentia Avenue to Hospital Road

63.6 —
81 174
Hospital Road to Coast Highway

64.0 —
86 184
University Drive
East of Jamboree Road

61.8 —
61 132
Via Lido
East of Newport Boulevard

55.3 —
—
—
Von Karman Avenue
Campus Drive to Birch Street

61.6 —
60 129
Birch Street to MacArthur Boulevard

61.0 —
54 116
Westcliff Drive
Irvine Avenue to Dover Drive

60.9 —
53 115
SOURCE: EIP Associates 2003: noise contour distance calculations d Distances are in feet from roadway centerline. The identified noise level at 100 feet from the roadway centerline is for reference purposes only as a point from which to calculate the noise contour distances. It does not reflect an actual building location or potential impact location.
b "—" Noise contour is located within the roadway lanes. ■ State
The following state regulations apply to the General Plan Update process and to certain projects in the Planning Area:
■ The Governor's Office of Planning and Research has published guidelines for noise and land use compatibility. Each jurisdiction is required to consider these guidelines when developing its General Plan noise element and determining the acceptable noise levels within its community.

Title 24 of the California Code of Regulations establishes California Noise Insulation Standards for all new multi -family residential units, specifically an interior noise standard of 45 dBA.

4.9-18 City of Newport Beach General Plan Update EIR

■ Local
The City of Newport Beach has also adopted noise regulations (Chapters 10.26 and 10.28 of the Newport Beach Municipal Code) that identify specific noise restrictions, exemptions, and variances for sources of noise within the city.
■ Chapter 10.26 of the Municipal Code sets internal and external noise standards, makes special provisions for HVAC and sound amplification, and sets forth enforcement procedures. It also exempts "noise sources associated with construction, repair, remodeling, demolition, or grading of any real property" as long as the construction complies with the regulations found in Section 10.28.040.
■ Section 10.28.010 of the Municipal Code regulates "loud and unreasonable" noise, as defined below:

It is unlawful for any person or property owner to willfully make, allow, continue or cause to be made, allowed, or continued, any loud and unreasonable, unnecessary, or disturbing noise, including, but not limited to, yelling, shouting, hooting, whistling, singing, playing music, or playing a musical instrument, which disturbs the peace, comfort, quiet or repose of any area or which causes discomfort or annoyance to any reasonable person of normal sensitivities in the area, after a peace or code enforcement officer has first requested that the person or property owner cease and desist from making or continuing, or causing to make or continue, such loud, unreasonable, unnecessary, excessive or disturbing noise
■ Section 10.28.040 of the Municipal Code regulates noise levels during construction, as specified below:

Weekdays and Saturdays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any weekday except between the hours of seven A.M. and six -thirty P.M., nor on any Saturday except between the hours of eight A.M. and six P.M.

Sundays and Holidays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any Sunday or any federal holiday.

4.9.4 Thresholds of Significance
The following thresholds of significance are based on Appendix G of the 2005 CEQA Guidelines. For purposes of this EIR, implementation of the proposed project may have a significant adverse noise impact if it would result in any of the following:
■ 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
City of Newport Beach General Plan Update EIR 4.9-19

■ A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project
■ For a project located within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use airport, exposure of people residing or working in the project area to excessive noise levels
■ For a project within the vicinity of a private airstrip, exposure of people residing or working in the project area to excessive noise levels
This analysis uses the City of Newport Beach General Plan's existing land use compatibility guidelines to assess the noise exposure of land uses in the project vicinity as follows:
■ 60 dBA CNEL at single family residential, multi -family residential, duplexes, schools, churches, libraries, hospitals, hotels, motels, and mobile homes; ■ 65 dBA CNEL at office buildings, commercial recreational uses such as amusement parks and sports clubs, and parks;
■ 70 dBA CNEL at commercial retail uses, restaurants, banks, service stations, manufacturing uses and warehouses, golf courses, cemeteries and wildlife habitat.

In addition to the above compatibility guidelines, the General Plan specifies that uses that require very quiet interior noise levels, such as amphitheaters, concert halls, or auditoriums, should not be constructed without a detailed noise analysis, and that agricultural uses are compatible with all noise levels.

This analysis uses the following Federal Transit Administration's incremental traffic noise impact criteria, which becomes progressively more stringent as the baseline traffic noise levels increase. Thus, these criteria are more protective of communities with high noise exposure. As shown in Table 4.9-5, where the baseline Ldn is less than 60 dBA, a permanent increase in roadway traffic noise levels of 3 dBA over baseline ambient noise levels is considered to be substantial and, therefore, significant; where the baseline Ldn is between 60 dBA and 65 dBA, a permanent increase in roadway traffic noise levels of 2 dBA over baseline ambient noise levels is considered to be substantial and, therefore, significant; where the baseline Ldn is between 65 dBA and 70 dBA, a permanent increase in roadway traffic noise levels of 1 dBA over baseline ambient noise levels is considered to be substantial and, therefore, significant.

Table 4.9-5
Incremental Noise Impact Criteria for Noise Sensitive
- .:A
Existing Noise
Exposure
Allowable Project Noise
Exposure
Allowable Combined
Noise Exposure
Allowable Noise
Exposure Increment
55 55
58 3
60 57
62 2
65 60
66 1
70 64
71 1
75 65
75 0
SOURCE: Federal Transit Administration 1995
This analysis uses the Federal Transit Administration's vibration impact thresholds for sensitive buildings, residences, and institutional land uses. These thresholds are given in Table 4.9-6 below.

4.9-20 City of Newport Beach General Plan Update EIR

Table 4.9-6 Groundborne
Vibration and Noise
Impact Criteria
Groundbome Vibration Impact Levels
Groundbome Noise Impact Levels
(VdB re I micro inch/sec)
(dB re 20 micro Pascals)
Frequent Events'
Infrequent Eventsz
Frequent Events
Infrequent Events
Land Use Category
Category 1: Buildings where low
ambient vibration is essential for interior
65 VdB3
65 VdB3
NA4
NA4
operations.

Category 2: Residences and Buildings
72 VdB
80 VdB
35 dBA
43 dBA
where people normally sleep.

Category 3: Institutional land uses with
75 VdB
83 VdB
40 dBA
48 dBA
primarily daytime use.

SOURCE: Federal Transit Administration 1995
"Frequent Events" is defined as more than 70 vibration events per day. "Infrequent Events" is defined as fewer than 70 vibration events per day.

This criterion limit is based on levels that are acceptable for most moderately sensitive equipment such as optical microscopes.

Vibration sensitive manufacturing or research will require detailed evaluation to define the acceptable vibration levels.

Vibration sensitive eauioment is not sensitive to aroundborne noise.

4.9.5 Project Impacts, Mitigation Measures, and Proposed Policies
Effects Not Found to Be Significant
Threshold Would the project expose people residing or working in the project area to excessive noise levels for a project located within the vicinity of a private air strip? As discussed in the Initial Study, there are no private airstrips in the vicinity of the City. As such, implementation of the proposed General Plan Update would not expose people residing or working the project area to excessive noise levels and would thus have no impact. No further discussion of this effect is required.

Project Impacts
Threshold Would the project result in exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies?
Impact 4.9-1 Implementation of the proposed General Plan Update would generate or expose persons to ambient noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies.

Locations throughout the City would experience changes in noise levels as a result of an increase in motor vehicle traffic, as discussed under Impact 4.9-3, below. Based on the information in the existing and future noise contour Figure 4.9-2 through Figure 4.9-7, noise levels in excess of standards City of Newport Beach General Plan Update EIR 4.9-21

established by the City could occur where schools, libraries, health care facilities, and residential uses within the City are, and will continue to be, exposed to exterior noise levels that exceed the City's standard of 60 dBA CNEL. As shown in Table 4.9-8 (below, under the Impact 4.9-3 analysis), there are numerous roadway segments where noise levels would exceed City standards at 100 feet from the roadway centerline. The areas with the greatest potential for this to occur are those roadway segments where the 65 dBA CNEL noise contours extend beyond the roadway right-of-way. It should be noted, however, that roadway noise contours have been generated by a computer model, and may not always reflect true noise conditions at a particular location. Intervening structures or other noise -attenuating obstacles between a roadway and a receptor may reduce roadway noise levels at the receptor.

Implementation of policies under the proposed General Plan Update such as those policies associated with Goals N1 and N2 (including requiring that all remodeling/additions to structures comply with the proposed General Plan Update noise standards, requiring the use of walls, berms, interior noise insulation, double paned windows, or other noise mitigation measures in new residential or other new land uses) would reduce noise impacts to future land uses, but would do little to remediate noise effects on existing land uses. The exposure of existing land uses to noise levels in excess of City standards as a result of the future growth under the proposed General Plan is considered a significant impact.

Threshold Would implementation of the proposed General Plan result in exposure of people to excessive groundborne vibration or noise?
Impact 4.9-2 Implementation of the proposed General Plan would expose persons to vibration levels generated during construction activities that would exceed 72 VdB.

Construction activities that would occur under the proposed General Plan Update would have the potential to generate groundborne vibration. Table 4.9-7 identifies vibration levels for common types of construction equipment.

Table - Levels for Construction Equipment
Approximate VdB
Equipment 25 Feet 50 Feet 75 Feet 100 Feet
Large Bulldozer
87 81
77 75
Loaded Trucks
86 80
76 74
Jackhammer
79 73
69 67
Small Bulldozer
58 52
48 46
SOURCE: Federal Transit Administration 1995; EIP Associates 2006

4.9-22 City of Newport Beach General Plan Update EIR

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Construction activities will occur at discrete locations in the City and vibration from such activity may impact existing buildings and their occupants if they are located close enough to the construction sites.

Based on the information presented in Table 4.9-7, vibration levels could be problematic if sensitive uses are located within about 100 feet of potential project construction sites, where sensitive receptors (e.g., residents, school children) would experience vibration levels that exceed the FTA's vibration impact threshold of 72 VdB. However, impacts related to construction vibration are event and location specific; these impacts would not occur citywide. If impacts occur, the only mitigation that could eliminate the vibration impact is ensuring a distance of approximately 150 feet between construction and existing sensitive receptors. Since it is not feasible to prohibit construction within 150 feet of all existing receptors, there is no feasible mitigation available for the impact. Thus, when construction vibration occurs, impacts would be significant.

Threshold Would the project result in a substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? Impact 4.9-3 Implementation of the proposed General Plan would result in substantial permanent increases in traffic -related ambient noise levels.

Existing and future 24-hour noise levels have been calculated for individual roadway segments within the City of Newport Beach. Table 4.9-4 in the Existing Conditions section lists the existing roadway noise levels within the City; and these noise contours have also been illustrated in Figure 4.9-2, Figure 4.9-3, and Figure 4.9-4.

Table 4.9-8 lists the future roadway noise levels within the City with the implementation of the proposed General Plan; these future noise contours have also been illustrated in Figures 4.9-5, 4.9-6, and 4.9-7. The increase in roadway noise levels from existing conditions compared to future conditions, which includes regional growth and project related traffic, is also shown in Table 4.9-8. Roadway segments that would have a significant increase in noise at 100 feet from the centerline are highlighted in the table. This includes 24 roadway segments along Birch Street, Campus Drive, Coast Highway, Irvine Avenue, Jamboree Road, MacArthur Blvd, and Newport Coast Drive. Many of the affected segments are located in areas where commercial, rather than residential, development would occur. The changes in motor vehicle trips and circulation patterns would increase noise levels within the City by a maximum of

3.7 dBA CNEL, although most increases in noise would be between 1 and 3 dBA. Note that as described in Table 4.9-5, the threshold of significance of the roadway noise increase is dependent upon existing noise levels. Thus, where a roadway noise increase of 1.5 dBA CNEL may not be significant for one roadway segment, it may be significant on another, depending on the existing noise level along the roadway segment.

Roadway noise contours are generated by a computer model, and may not always reflect true noise conditions at a particular location. Intervening structures or other noise -attenuating obstacles between a roadway and a receptor may reduce roadway noise levels at the receptor. However, there would almost certainly be receptors that would experience roadway noise levels very similar to those indicated by the noise contours. While there are a number of policies in the General Plan under Goal N2 that would help mitigate the impact of traffic noise on receptors, such as Policy N 2.2—Design of Sensitive Land Uses, City of Newport Beach General Plan Update EIR 4.9-29

or Policy N 2.6-Barrier Construction Funding, these would mostly influence noise impacts on new receptors. This is due to the fact that existing receptors cannot easily be redesigned to provide greater noise attenuation, and it is not always feasible to construct barriers between existing development and roadways. Therefore, along select roadway segments, a substantial permanent increase in ambient noise levels would result. Impacts would be significant.

Table
Roadway

4.9-8 General Plan Update Traffic Noise Contours
Distance to Contour
Roadway Segment 100 70 65 60
Increase
16th Street
Irvine Avenue to Dover Drive

56.5 -
-
58 0.8
32nd Street
west of Newport Boulevard

57.7 -
-
71 0
Avocado Avenue
south of San Miguel Drive

61.8 -
61 132
-0.4
north of Coast Highway

61.4 -
58 124
-0.4
Balboa Boulevard
south of Coast Highway

61.1 -
55 119

0.8 Bayside Drive
south of Coast Highway

61.0 -
54 116

0.8 Birch Street
Jamboree Road to Von Karman Avenue

63.2 -
76 163

2.2 Von Karman Avenue to MacArthur
Boulevard

63.6 -
81 174

1.7 west of MacArthur Boulevard

64.0 -
86 184

1.8 north of Bristol Street North

65.0 -
99 214

1.2 Bristol Street North to Bristol Street South

63.8 -
83 179

0.8 south of Bristol Street South

62.5 -
68 147

0.6 Bison Avenue
Jamboree Road to MacArthur Boulevard

63.0 -
74 158

1.4 MacArthur Boulevard to SR-73 Freeway

62.8 -
71 154

1.6 Bonita Canyon Dr.
east of MacArthur Boulevard

67.5 68
146
314

0.8 west of SR-73 Freeway

66.7 60
130
279

1.9 Bristol Street North
west of Campus Drive

65.5 50
109
234

0.9 Campus Drive to Birch Street

66.1 55
118
255

1.2 east of Birch Street

66.1 55
118
255

1.3 west of Jamboree Road

64.3 -
90 195

0.9 Bristol Street South
west of Campus Drive/Irvine Drive

65.3 48
104
225

0.7 Campus Drive to Birch Street

64.9 46
99 214

1.3 east of Birch Street

64.8 45
96 207

1.4 west of Jamboree Road

67.2 65
141
304

1.0 Campus Drive
Jamboree Road to Von Karman Avenue

63.8 -
83 179

1.6 Von Karman Avenue to MacArthur
Boulevard

65.5 50
108
233

2.3 west of MacArthur Boulevard

67.4 67
145
313

1.8 north of Bristol Street North

67.4 67
145
313

1.5 Bristol Street North to Bristol Street South

67.5 69
148
318

1.3 Coast Highway
west of 15th Street

68.0 74
159
344
0 4.9-30 City of Newport Beach General Plan Update EIR

Table
Roadway

4.9-8 General Plan Update
Roadway Segment
Traffic
Noise
Distance
Contours
to Contour
Increase
100
70 65
60 Superior Avenue to Newport Boulevard

68.0 73
158
340

1.7 Newport Boulevard to Riverside Avenue

67.4 67
144
310

1.1 Riverside Avenue to Tustin Avenue

66.6 59
128
275

1.1 Tustin Avenue to Dover Drive

67.5 69
148
318

1.0 Dover Drive to Bayside Drive

70.2 103
223
480

0.8 Bayside Drive to Jamboree Road

69.8 98
210
453

0.9 Jamboree Road to Newport Center Drive

69.1 87
187
402

0.8 Newport Center Drive to Avocado Avenue

67.9 72
156
336

0.8 Avocado Avenue to MacArthur Boulevard

65.6 -
110
237

0.9 MacArthur Boulevard to Goldenrod Avenue

65.4 -
106
228

0.5 Goldenrod Avenue to Marguerite Avenue

65.0 46
100
215

0.4 Marguerite Avenue to Poppy Avenue

65.1 -
101
218

0.8 Poppy Avenue to Newport Coast Drive

67.5 68
146
315

1.4 east of Newport Coast Drive

70.7 112
241
520

1.4 Dover Drive
Irvine Drive to Westcliff Drive

58.0 -
34 74

0.9 Westcliff Drive to 16th Street

63.8 39
83 179

0.4 16th Street to Cliff Drive

64.5 43
92 199

0.5 Cliff Drive to Coast Highway

65.2 48
103
222

0.6 Eastbluff Drive
west of Jamboree Road at University Drive

60.2 -
-
103
0 west of Jamboree Road at Ford Road

60.7 -
-
112
0 Ford Road
Jamboree Road to MacArthur Boulevard

62.6 -
69 148

1.6 Hospital Road
Placentia Avenue to Newport Boulevard

60.1 -
-
101

1.1 east of Newport Boulevard

58.2 -
-
76 2.0
Irvine Avenue
Bristol Street South to Mesa Drive

67.2 65
140
302

1.5 Mesa Drive to University Drive

67.6 70
150
323

1.3 University Drive to Santa Isabel Avenue

67.4 67
145
313

0.8 Santa Isabel Avenue to Santiago Drive

64.0 -
86 186

0.5 Santiago Drive to Highland Drive

63.9 -
84 182

0.7 Highland Drive to Dover Drive

64.0 -
86 186

0.8 Dover Drive to Westcliff Drive

63.5 -
79 170

1.2 Westcliff Drive to 16th Street

60.0 -
-
100

0.4 Jamboree Road
Campus Drive to Birch Street

69.6 94
203
437

1.2 Birch Street to MacArthur Boulevard

70.3 104
225
484

1.3 MacArthur Boulevard to Bristol Street North

69.5 93
200
431

1.1 Bristol Street North to Bristol Street South

70.0 101
217
467

0.5 Bristol Street South to Bayview Way

70.0 101
217
467

0.5 Bayview Way to University Drive

70.0 99
214
461

0.5 University Drive to Bison Avenue

69.1 88
189
406

0.6 Bison Avenue to Ford Road

69.5 93
200
431

0.8 Ford Road to San Joaquin Hills Road

70.4 106
228
490

1.0 City of Newport Beach General Plan Update EIR 4.9-31

Table
Roadway

4.9-8 General Plan Update
Roadway Segment
Traffic Noise Contours
Distance to Contour
Increase
100
70 65
60 San Joaquin Hills Road to Santa Barbara
Drive

69.3 90
194
419

1.2 Santa Barbara Drive to Coast Highway

69.0 86
186
400

1.2 Coast Highway to Bayside Drive

60.6 -
51 110

1.0 MacArthur Boulevard
Campus Drive to Birch Street

68.5 79
171
367

1.4 Birch Street to Von Karman Avenue

67.3 66
142
305

1.1 Von Karman Avenue to Jamboree Road

68.1 75
161
347

1.2 south of Jamboree Road

69.6 95
204
439

1.5 north of Bison Avenue

72.5 146
315
678

0.8 Bison Avenue to Ford Road

72.7 151
325
701

0.5 Ford Road to San Joaquin Hills Road

72.1 138
297
640

0.5 San Joaquin Hills Road to San Miguel
Road

68.9 84
181
391

0.3 San Miguel Road to Coast Highway

68.4 78
167
361

0.7 Marguerite Avenue
south of San Joaquin Hills Road

59.7 -
-
96 1.1
north of Coast Highway

55.1 -
-
47 1.3
Mesa Drive
east of Irvine Avenue

61.3 -
57 123

0.3 Newport Boulevard
north of Hospital Road

68.2 76
164
352

1.0 Hospital Road to Coast Highway

67.8 71
153
330

1.0 Coast Highway to Via Lido

66.7 -
131
281

0.8 Via Lido to 32nd Street

64.3 -
90 193

0.7 south of 32nd Street

63.5 -
79 171

0.8 Newport Center Drive
north of Coast Highway

64.0 -
85 184

0.9 Newport Coast Drive
SR-73 Freeway to San Joaquin Hills Road

69.9 98
211
454

3.1 south of San Joaquin Hills Road

69.9 98
211
454

3.3 north of Coast Highway

69.3 89
193
415

3.7 Placentia Avenue
north of Superior Avenue

61.0 -
54 116
0 Superior Avenue to Hospital Road

60.6 -
51 110

2.0 Riverside Avenue
north of Coast Highway

58.0 -
34 74

0.9 San Joaquin Hills Road
Jamboree Road to Santa Cruz Road

64.2 -
89 191

0.5 Santa Cruz Road to Santa Rosa Road

62.5 -
68 146

0.4 Santa Rosa Road to MacArthur Boulevard

66.0 -
116
251

1.1 MacArthur Boulevard to San Miguel Road

65.1 -
102
220

0.8 San Miguel Road to Marguerite Avenue

65.5 -
108
232

1.3 Marguerite Avenue to Spyglass Hill Road

65.6 -
109
236

2.0 Spyglass Hill Road to Newport Coast Drive

66.4 57
123
266

2.0 San Miguel Drive
north of Spyglass Hill Road

61.0 -
54 116

1.1 south of Spyglass Hill Road

61.0 -
54 116

1.1 north of San Joaquin Hills Road

62.9 -
72 155

0.7 4.9-32 City of Newport Beach General Plan Update EIR

Table
Roadway

4.9-8 General Plan Update
Roadway Segment
Traffic Noise Contours
Distance to Contour
Increase
100
70 65
60 San Joaquin Hills Road to MacArthur
Boulevard

62.2 -
65 141

1.2 MacArthur Boulevard to Avocado Avenue

61.9 -
62 133

0.3 west of Avocado Avenue

59.6 -
-
95 0.8
Santa Barbara Drive
east of Jamboree Road

61.3 -
57 123

1.1 Santa Cruz Drive
south of San Joaquin Hills Road

58.4 -
-
78 0.5
Santa Rosa Drive
south of San Joaquin Hills Road

61.6 -
60 129

1.0 Santiago Drive
Tustin Avenue to Irvine Avenue

55.4 -
-
50 0.7
Spyglass Hill Road
San Miguel Drive to San Joaquin Hills
Road

57.0 -
-
63 0.8
Superior Avenue
north of Placentia Avenue

63.4 -
78 169

0.9 Placentia Avenue to Hospital Road

62.7 -
71 152
-0.9
Hospital Road to Coast Highway

63.6 -
81 174
-0.4
University Drive
east of Jamboree Road

62.6 -
69 148

0.8 Via Lido
east of Newport Boulevard

56.2 -
-
56 0.9
Von Karman Avenue
Campus Drive to Birch Street

63.0 -
73 158

1.4 Birch Street to MacArthur Boulevard

62.5 -
68 147

1.5 Westcliff Drive
Irvine Avenue to Dover Drive

60.9 -
53 115
0 SR-55
north of SR-73

78.5 367
790
1702
NA
22nd Street to 19th Street

76.7 278
600
1292
NA
SR-73
SR-55 to Campus Drive

77.0 295
634
1367
NA
Jamboree Road to University Drive

75.6 237
510
1099
NA
Bonita Canyon Road to Newport Coast Dr

77.0 295
634
1367
NA
east of Newport Coast Dr

76.8 283
609
1313
NA
SOURCE: EIP Associates 2005: plan update contour distance calculations a Distances are in feet from roadway centerline. The identified noise level at 100 feet from the roadway centerline is for reference purposes only as a point from which to calculate the noise contour distances. It does not reflect an actual building location or potential impact location.
b "-" Noise contour is located within the roadway lanes.

NA - Not Available.

Threshold Would the project cause substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Impact 4.9-4 Implementation of the proposed General Plan Update could expose persons to substantial temporary or periodic ambient noise increases.

Under the proposed General Plan, the primary source of temporary or periodic noise within the City would be construction activity and maintenance work. This involves both construction -site activity and the transport of workers and equipment to and from the construction sites. Proposed General Plan City of Newport Beach General Plan Update EIR 4.9-33

Update Policy N 4.6 would help reduce impacts related to construction noise by limiting the hours of maintenance or construction activity in or adjacent to residential areas. Construction noise is an existing noise source in the City and while the noise levels at existing construction sites may not substantially differ from future construction noise resulting from development under the proposed General Plan Update, it is anticipated that construction noise would be introduced in areas of the City where it did not previously exist.

Construction activities would be an ongoing occurrence in the City and, in particular cases, could occur in close proximity to noise -sensitive uses. Although the proposed General Plan Update limits construction activities to specific days of the week and hours of the day, construction equipment generates high noise levels, as shown in Table 4.9-9 and may not always be reducible to the levels specified in the City Noise Ordinance. Section 10.26.035 of the Municipal Code (Exemptions), exempts "noise sources associated with construction, repair, remodeling, demolition, or grading of any real property." Section 10.26.035 also states that construction noise should fall under the provisions of Section 10.28 of the Code (Loud and Unreasonable Noise). Thus, construction noise is not subject to the noise standards in the Municipal Code, but only during limited hours of the day and days of the week. In sum, existing and future construction noise levels at individual construction sites may not substantially differ, but previously unexposed areas could experience new sources of construction noise. Both existing and future noise would be exempt from the City code and when construction noise occurs, impacts would be considered less than significant.

Table 4.9-9 Noise Ranges of Typical Construction Equipment Equipment Noise Levels in dBA Lq at 50 Feet'
Front Loader
85 Trucks
88 Cranes (moveable)
83 Cranes (derrick)
88 Concrete Vibrator
76 Pneumatic Impact Equipment
85 Jackhammers
88 Pumps
76 Generators
81 Air Compressors
81 Concrete Mixers
85 Concrete Pumps
82 Back Hoe
80 Impact Pile Driving (peaks)
101
Scraper/Grader
89 Paver
89 SOURCE: Federal Transit Administration 1995

1. Machinery equipped with noise control devices or other noise -reducing design features does not generate the same level of noise emissions as that shown in this table.

4.9-34 City of Newport Beach General Plan Update EIR

Other sources of noise that occur on a periodic or temporary basis include the operation of neighborhood or commercial landscape maintenance equipment, street and parking lot maintenance vehicles, loudspeakers, alarm systems, and automobiles and motorcycles with modified exhaust systems.

Noise from these uses may be dealt with on a case -by -case basis through enforcement of the City Noise Ordinance provisions. This impact would be less than significant.

Threshold Would the project expose people residing or working in the project area to excessive noise levels for a project located within an airport land use plan, or where such a plan has not been adopted, within 2 miles of a public airport or public use airport?
Impact 4.9-5 Implementation of the proposed General Plan Update would expose sensitive receptors in proximity to the John Wayne Airport to excessive noise levels.

As shown in Figure 4.9-5, the 60 and 65 dBA CNEL noise contour for JWA extends into Newport Beach. However, according to Section 3.2.3 of the Airport Environs Land Use Plan (AELUP) prepared for JWA, only areas with noise levels above 65 dB CNEL would be considered "High Noise Impact Zones" and would warrant restrictions on land uses. Table 1 of the AELUP specifies that airport noise levels up to 65 CNEL are "normally consistent" for all uses except residential uses. For residential uses, Table 1 specifies that residential uses are "normally consistent" up to 60 dB CNEL and "conditionally consistent" between 60 and 65 dB CNEL. Residences could still be developed in the "conditionally consistent" zone as long as interior noise levels can be shown to be no higher than 45 dB CNEL. This is also consistent with Policy N 3.2 of the Noise Element of the proposed General Plan Update, which requires that any residential or sensitive noise uses to be located within the 60 dBA or 65 dBA CNEL airport noise contour maintain an interior noise level of 45 dBA CNEL. Policies N 3.1 and N 3.2 would ensure new development is compatible with the noise environment by using the airport noise contour maps as guides to future planning and development decisions and require that any residential or sensitive noise uses be located within the 60 dBA or 65dBA CNEL airport noise contour maintain an interior noise level of 45 dBA CNEL, respectively. Policy N 3.4 states that the City will oppose any attempt to modify existing noise restrictions regarding the airport. These policies would ensure that residential uses would achieve interior noise levels of 45 dBA, consistent with City standards. Thus, impacts on interior noise levels at new land uses in the vicinity of the airport would be less than significant. However, as residences could be developed within the 65 dBA CNEL noise contour, exterior noise would exceed allowable noise levels for residential areas. This would occur only if, consistent with Policy LU 6.15.24, the City makes appropriate findings for an override to allow residential development within the 65 dBA CNEL. In these areas, impacts on exterior noise levels at new land uses in the vicinity of the airport would be significant.
■ Cumulative Impacts
The geographic context for the analysis of cumulative noise impacts is the Planning Area. Noise and vibration from localized sources, such as construction sites, HVAC equipment, etc., decreases rapidly City of Newport Beach General Plan Update EIR 4.9-35

with distance from those sources, and so it is very unlikely that noise and vibration from sources distributed throughout the City would be additive to a cumulatively significant degree.

Cumulative development (which is similar to the development discussed above under Impact 4.9-2) in the City of Newport Beach would result in the exposure of people to or the generation of excessive groundborne vibration, due to the localized nature of vibration impacts. As there is no feasible mitigation for this impact, cumulative impacts to traffic noise would be significant and unavoidable.

Future construction in the City of Newport Beach is not expected to result in a cumulatively significant impact in terms of substantial temporary or periodic increases in ambient noise levels as a result exemptions for "Loud and Unreasonable Noise" in the City's Municipal Code. Other sources of cumulative noise sources would be regulated by the City's Noise Ordinance provisions in the Municipal Code. Therefore, the proposed General Plan Update's cumulative impact is less than significant.

The anticipated growth in traffic noise, in contrast, is an inherently cumulative phenomenon. The traffic data used for the noise analysis included traffic from all anticipated future developments in the City and region. As noted above, development under the proposed General Plan along with regional growth would result in a cumulatively significant permanent increase in the ambient noise level along the 24 roadway segments within the City identified in Table 4.9-8. As discussed in Impact 4.9-3, most of the proposed General Plan policies would mitigate noise at new receptors, but existing receptors would not be able to have roadway noise mitigated to acceptable levels in all cases. As there is no feasible mitigation for this impact, cumulative impacts to traffic noise would be significant and unavoidable.

As discussed in Impact 4.9-5, impacts on interior noise levels at new land uses in the vicinity of the airport would be less than significant and the cumulative impacts related to the airport land use plan would be less than significant. However, as residences could be developed within the 65 dBA CNEL noise contour, exterior noise would exceed allowable noise levels for residential areas. This would occur only if, consistent with Policy LU 6.15.24, the City makes appropriate findings for an override to allow residential development within the 65 dBA CNEL. In these areas, cumulative impacts on exterior noise levels at new land uses in the vicinity of the airport would be significant and unavoidable. ■ Proposed General Plan Policies
For most impacts identified in this section, implementation of policies within the Noise Element of the proposed General Plan Update would reduce effects of prospective growth within the City. The policies that are applicable to the proposed project are included below.

Goal N 1 Noise Compatibility —Minimized land use conflicts between various noise sources and other human activities.

Policy N 1.1 Field Surveys for New Development
Require that all proposed projects are compatible with the noise environment through use of Table N2, and enforce the interior and exterior noise standards shown in Table N3. Proposed projects located in areas projected to be

4.9-36 City of Newport Beach General Plan Update EIR

exposed to a CNEL of 60 dBA and higher, as shown on Figure N5, shall (a) conduct a field survey to determine the existing levels of noise exposure and (b) project the levels that would result from the Plan's projected traffic increases as may be modified from those depicted on Figure N5 by existing building locations, topography, and traffic speed. Based on these findings, require that the project meet interior and exterior noise standards.

Policy N 1.2 Remodeling and Additions of Structures
Require that all remodeling and additions of structures comply with the noise standards shown in Table 3 of the Noise Element.

Policy N 1.3 New Developments in Urban Areas
Require that applicants of residential portions of mixed -use projects and high density residential developments in urban areas (such as the Airport Area and Newport Center) demonstrate that the design of the structure will adequately isolate noise between adjacent uses and units (common floor/ceilings) in accordance with the California Building Code.

Policy N 1.4 Infill Projects
Allow a higher exterior noise level standard for infill projects in existing residential areas adjacent to major arterials if it can be shown that there are no feasible mechanisms to meet the exterior noise levels. The interior standard of 45 dBA CNEL shall be enforced for any new residential project.

Policy N 1.5 New Exterior Noise Level Standards
Consider a higher exterior noise level standard for residential portions of mixed -use developments of 65 dBA CNEL, provided that the interior standard of 45 dBA CNEL is met.

Policy N 1.6 Mixed -Use Developments
Encourage new mixed -use developments to site loading areas, parking lots, driveways, trash enclosures, mechanical equipment, and other noise sources away from the residential portion of the development.

Policy N 1.7 Commercial/Entertainment Uses
Limit hours and/or require attenuation of commercial/entertainment operations adjacent to residential and other noise sensitive uses in order to minimize excessive noise to these receptors.

Policy N 1.8 Significant Noise Impacts
Require the employment of noise mitigation measures for sensitive uses when a significant noise impact is identified. A significant noise impact occurs when there is an increase in CNEL, as shown in the table below.

City of Newport Beach General Plan Update EIR 4.9-37

Goal N 2
CNEL dBA
dBA increase
55 3
60 2
65 1
70 1
Over 75
Any increase is considered significant
Minimization of Transportation -Related Noise —Minimized motor vehicle traffic and boat noise impacts on sensitive noise receptors
Policy N 2.1 New Development
Require that proposed noise -sensitive uses in areas of 60 dBA and greater, as determined the analyses stipulated by Policy N 1.1, demonstrate that they meet interior and exterior noise levels.

Policy N 2.2 Design of Sensitive Land Uses
Require the use of walls, berms, interior noise insulation, double paned windows, or other noise mitigation measures, as appropriate, in the design of new residential or other new noise sensitive land uses that are adjacent to major roads. Application of the Noise Standards in Table N3 shall govern this requirement.

Policy N 2.3 Limiting Hours of Truck Deliveries
Limit the hours of truck deliveries to commercial uses abutting residential uses and other noise sensitive land uses to minimize excessive noise unless there is no feasible alternative. Any exemption shall require compliance with nighttime (10:OOpm-7:OOam) noise standards.

Policy N 2.4 Interagency Coordination to Enforce Standards Encourage the enforcement of State Motor Vehicle noise standards for cars, trucks, and motorcycles through coordination with the California Highway Patrol and Newport Beach Police Department.

Policy N 2.5 Boating Activities
Enforce compliance of all boating activities with the noise standards defined in the Municipal Code.

Policy N 2.6 Barrier Construction Funding
Establish a program to secure funding for the construction of noise barriers to protect private outdoor yard areas along arterial roadways where existing homes are exposed to noise levels above the City noise standards and develop a priority program for the construction of such barriers. A potential source of

4.9-38 City of Newport Beach General Plan Update EIR

such funding may be a fee for new projects, which generate new traffic within the City, as well as road improvement funds where road improvements are made. The amount of these fees should be proportional to the amount of the new traffic that is caused by the new project. It should be recognized that noise barriers will not always be feasible mitigation to roadway noise. Noise barriers are most feasible for single family homes where the rear yards are adjacent to the roadway. The feasibility of other situations should be evaluated on a case by case basis.

Goal N 3 Compatibility with JWA—Protection of the quality of life of Newport Beach residents from noise impacts associated with air carrier operations at JWA.

Policy N 3.1 New Development
Ensure new development is compatible with the noise environment by using the airport noise contour maps as guides to future planning and development decisions.

Policy N 3.2 Sensitive Noise Uses
Require that any residential or sensitive noise uses to be located within the 60 dBA or 65 dBA CNEL airport noise contour maintain an interior noise level of 45 dBA CNEL.

Policy N 3.3 Airport Contours
Use noise level contours based on the most likely estimate of future airport contours, rather than on assumptions of less likely future operations in determining allowable uses, to the maximum extent allowed by law.

Policy N 3.4 Existing Noise Restrictions
Oppose any attempt to modify the existing noise restrictions, including the existing curfew and the General Aviation Noise Ordinance, unless the modifications benefit City residents.

Policy N 3.5 Additional Facilities at JWA
Oppose any attempt to construct a second air carrier runway including the acquisition of land necessary to provide required separation of the existing air carrier runway and any proposed facility.

Policy N 3.6 Existing Level of General Aviation Operations Support any plan or proposal that maintains, and oppose any plan or project that proposes any significant changes to the existing level of general aviation operations and general aviation support facilities.

City of Newport Beach General Plan Update EIR 4.9-39

Policy N 3.7 Remote Monitoring Systems
Support preservation or enhancement of the existing remote monitoring systems (RMS) and the public reporting of the information derived from the RMS.

Policy N 3.8 Meeting Air Transportation Demand
Support means of satisfying some of Orange County's air transportation demand at facilities other than JWA.

Policy N 3.9 JWA Amended Settlement Agreement
Take all steps necessary to preserve and protect the validity of the JWA Amended Settlement Agreement, including: (Imp 19.3)
■ Oppose, or seek protection from any federal legislative or regulatory action that would or could affect or impair the County's ability to operate JWA consistent with the provisions of the JWA Amended Settlement Agreement or the City's ability to enforce the Amended Settlement Agreement. ■ Approving amendments of the JWA Settlement Agreement to ensure continued validity provided the amendments do not impair the quality of life of Newport Beach residents.
■ Continuing to monitor possible amendment of the Airport Noise and Capacity Act of 1990 as well as various FAA Regulations and Advisory Circulars that relate to aircraft departure procedures.

Goal N 4 Minimization of Nontransportation-Related Noise —Minimized nontransportation-related noise impacts on sensitive noise receptors.

Policy N 4.1 Stationary Noise Sources
Enforce interior and exterior noise standards outlined in Table N3, and in the City's Municipal Code to ensure that sensitive noise receptors are not exposed to excessive noise levels from stationary noise sources, such as heating, ventilation, and air conditioning equipment.

Policy N 4.2 New Uses
Require that new uses such as restaurants, bars, entertainment, parking facilities, and other commercial uses where large numbers of people may be present adjacent to sensitive noise receptors obtain a use permit that is based on compliance with the noise standards in Table N3 and the City's Municipal Code.

Policy N 4.3 New Commercial Developments
Require that new commercial developments abutting residentially designated properties be designed to minimize noise impacts generated by loading areas,

4.9-40 City of Newport Beach General Plan Update EIR

parking lots, trash enclosures, mechanical equipment, and any other noise generating features specific to the development to the extent feasible.

Policy N 4.4 Limiting Hours of Recreational Activities
Limit hours when recreational activities in parks and the harbor can take place.

Policy N 4.5 Sound -Amplifying Equipment
Regulate the use of sound -amplifying equipment through the City's Municipal Code.

Policy N 4.6 Maintenance or Construction Activities
Enforce the Noise Ordinance noise limits and limits on hours of maintenance or construction activity in or adjacent to residential areas, including noise that results from in -home hobby or work related activities.

Policy N 4.7 Nuisances
Regulate the control of nuisances, such as residential party noise, boat party noise, private fireworks and barking dogs, through the City's Municipal Code.

Policy N 4.8 Mechanized Landscaping Equipment
Regulate the use of mechanized landscaping equipment.

Goal N 5 Minimization of Construction Noise —Minimized excessive construction -related noise.

Policy N 5.1 Limiting Hours of Activity
Enforce the limits on hours of construction activity.
■ Mitigation Measures
No feasible mitigation measures are available to fully mitigate Impact 4.9-2 (construction vibration). As discussed in Impact 4.9-2, the only mitigation that could eliminate the vibration impact is ensuring a distance of approximately 150 feet between construction and existing sensitive receptors. Since it is not feasible to prohibit construction within 150 feet of all existing receptors, there is no feasible mitigation available to reduce the impact to less -than -significant levels.

No feasible mitigation measures are available to fully mitigate Impact 4.9-3 (increased ambient noise levels), although Policy N 1.2, which requires structural upgrades to comply with Noise Element standards, and Policy N 2.6, which funds noise barrier construction where existing homes are exposed to high noise levels, would reduce noise impacts to the uses to which they are applied. However, erecting noise barriers to shield existing homes from roadway noise would not be feasible, from an aesthetic or economic standpoint, in all cases.

City of Newport Beach General Plan Update EIR 4.9-41

Similarly, no feasible mitigation measures are available to fully mitigate Impact 4.9-3 (noise in exceedance of City standards), although Policy N 2.2, which requires noise walls, berms, interior insulation, etc. to protect new noise -sensitive uses near roadways, should be given special urgency in relation to such uses proposed along the road segments identified as those where significant noise increases are expected. ■ Level of Significance After Policies/Mitigation Measures Development under the General Plan would not be exposed to excessive noise from the JWA once new General Plan Update policies are implemented. Receptors that would fall under the airport's 60 dB or 65 dB CNEL noise contours would be required to be consistent with the General Plan. Policies N.3.1 and N.3.2 of the General Plan would ensure that new uses are compatible and achieve appropriate interior noise levels of 45 dB CNEL or less. Policy N 3.4 would ensure that future changes associated with the JWA would be minimized and would not result in adverse effects to receptors. The impact would be less than significant.

As stated in Impact 4.9-2, construction in the City of Newport would create noise levels that could exceed Municipal Code standards. However, the Municipal Code specifically exempts construction activities from having to comply with the standards, and moreover, the Code both limits construction to daytime hours and prohibits excessive construction noise. Therefore, construction noise impacts would be less than significant.

Construction activities would produce groundborne vibration as well as noise. Construction would occur within 100 feet of existing residential development. This would expose the residences to vibration levels in excess of the 72 VdB threshold of significance. There are no mitigation measures available that would ensure that the threshold would not be exceeded in all cases, and there are no General Plan policies that would mitigate the vibration impact. Consequently, this would be a significant and unavoidable impact.

As discussed in Impact 4.9-4 and Impact 4.9-5, new development that would result from adoption of the proposed General Plan and regional growth would create noise that would affect new and existing receptors. Most of this noise would be produced by increased traffic on local roads. Many of the proposed General Plan policies, especially those associated with Goal N-2—Transportation Noise would reduce this impact. However, these policies would benefit new receptors more than existing receptors.

Existing receptors may still be subjected to new noise levels that are both in excess of General Plan noise standards, and represent permanent and substantial increases. Consequently, even with the proposed General Plan policies to mitigate noise, this would constitute a significant and unavoidable impact.

4.9.6 References
California Department of Transportation (Caltrans). 1998. Technical Noise Supplement, Caltrans, October.

EIP Associates. 2002. Federal Transit Administration (see FTA citation below; EIP added the calculations for vibration at distance greater than 25 feet, this is why there is a joint citation).

4.9-42 City of Newport Beach General Plan Update EIR

Federal Transit Administration (FTA). 1995. Transit Noise and Vibration Impact Assessment, DOT-T-95-16, April.

Newport Beach, City of. 2004. General Plan Technical Background Report. Prepared by EIP Associates, June.

Urban Crossroads. 2006. City of Neuport Beach General Plan Transportation Study, Nemport Beach, California, 22 March.

City of Newport Beach General Plan Update EIR 4.9-43

4.10 POPULATION AND HOUSING

4.10.1 Introduction
This section evaluates the impacts of the proposed General Plan Update associated with population and housing within the City of Newport Beach. Data used to prepare this section were taken from the United States Bureau of the Census, the California Department of Finance (DOF), and the Southern California Association of Governments (SCAG). Full bibliographic entries for all reference materials are provided in Section 4.10.5 (References) of this section.

During the Initial Study process, it was determined that the proposed project would potentially have impacts associated with the three population and housing CEQA criteria for determining significance, though these impacts were found to be less than significant. Therefore, all potential impacts (regarding whether the project would induce substantial population growth either directly or indirectly, or displace substantial numbers of existing housing or people, necessitating the construction of replacement housing elsewhere) were analyzed as part of this EIR. Full bibliographic entries for all reference materials are provided in Section 4.10.5 (References) of this section.

Two comment letters associated with population and housing were received in response to the (IS/NOP) circulated for the proposed General Plan Update. The Environmental Quality Affairs Citizens Advisory Committee for the City of Newport Beach requested that the DEIR include an analysis of the number of dwelling units to be added upon buildout of the proposed General Plan Update, including the number of additional residents associated with the addition of these dwelling units. A resident of the City also requested that the DEIR provide reference to the number of people per household under existing and proposed conditions, as well as the percent growth in population that would occur under the proposed project. Sections 4.10.2 (Existing Conditions) and 4.10.4 (Project Impacts, Mitigation Measures, and Proposed Policies) provide such an analysis.

4.10.2 Existing Conditions
L Population
Newport Beach was incorporated in 1906 and the population has increased every decade since then.

Table 4.10-1 shows the population growth that occurred during the last 50 years based on available data.

As shown, the population in 1950 was 12,120 and by 1960, had more than doubled to 26,564 persons.ds In 1970, the population nearly doubled again to 49,442 persons and by 1980, the population had reached 62,556 persons. During the following decade, the population increased only slightly to 66,643 persons in 1990. As of 2005, after annexation of Newport Coast in 2002, the City had a population of 65 City of Newport Beach, Demographics: http://www.city.Newport-beach.ca.us/pin/demo_main.htm , Accessed February 2, 2006.

City of Newport Beach General Plan Update EIR 4.10-1

approximately 83,120 residents, while Orange County had a total population of approximately 3,056,865 residents.66
Table 4.10-1 Newport Beach
Year Population Year
Population
Population
1950a
12,120
1996b
69,246
1960a
26,564
1997b
70,512
1970a
49,442
1998b
72,951
1980a
62,556
1999b
74,317
1990a
66,643
2000a
70,032
1991b
67,028
2001
75,662
1992b
67,572
2002
72,622
1993b
68,199
2003c
81,435b
1994b
68,572
2004c
82,255b
1995b
68,920
2005c
83,120b
SOURCE: City of Newport Beach website
a April Decennial Census of Population, U.S. Census Bureau b January Revised Estimate, State Department of Finance (rates per 1,000 population) Population figure includes January 1, 2002, annexation of Newport Coast Projections
The recent population and household forecasts provided in Table 4.10-2 for the City of Newport Beach, Orange County (OCCOG SubRegion), and SCAG region were prepared by SCAG in 2004. As shown, the projections for existing conditions in the City and Orange County vary slightly compared to the DOF data. For this reason, DOF data are used for baseline data, while SCAG data are used for future projections in this EIR.
2005 1 2010 1 2015 1 2020 1 2025 1 2030
Newport Beach
Population
83,585
89,527
91,147
92,365
93,488
94,167
Households
37,015
1 39,443
40,196
41,345
42,470
43,100
Orange County (OCCOG Region)
Population
3,103,377
L3,291,628
3,369,745
3,433,609
3,494,394
3,552,742
Households
1 978,423
1,034,027
1,046,473
1,063,976
1,081,421
1,098,474
SCAG Region
Population
18,117,604
19,208,661
20,191,117
21,137,519
22,035,416
22,890,797
Households
5,673,585
6,072,578
6,463,402
6,865,355
7,263,519
7,660,107
SOURCE: SCAG 2004, Growth Forecast
66 State of California, Department of Finance, E-1 City / County Population Estimates, with Annual percent Change, January 1, 2004 and 2005. Sacramento, California, May 2005.

4.10-2 City of Newport Beach General Plan Update EIR

■ Households
A household is defined by the DOF and the Census as a group of people who occupy a housing unit. A household differs from a dwelling unit because the number of dwelling units includes both occupied and vacant dwelling units. It is important to note that not all of the population lives in households. A portion lives in group quarters, such as board and care facilities; others are homeless.

Vacancy Rates
The vacancy rates and affordability of the housing stock are also key elements in the balance between supply and demand in the City's housing market. High vacancy rates usually indicate low demand and/or high prices in the housing market or significant mismatches between the desired and available types of housing. Conversely, low vacancy rates usually indicate high demand and/or low prices in the housing market. However, vacancy rates are not the sole indicator of market conditions. They must be viewed in the context of all the characteristics of the local and regional market and economy. Vacancy rates, which indicate a "market balance" (i.e., a reasonable level of vacancy to avoid local housing shortages, and appropriate price competition and consumer choice), generally range from 1 percent to 3 percent for single-family units, and from 3 to 5 percent for multifamily units. According to DOF, the City currently has a vacancy rate of 10.9 percent. This is substantially higher than that of the County, which currently maintains a vacancy rate of 3.7
Household Size
Small households (1 to 2 persons per household [pph]) traditionally reside in units with 0 to 2 bedrooms; family households (3 to 4 pph) normally reside in units with 3 to 4 bedrooms. Large households (5 or more pph) reside in units with 4 or more bedrooms. However, the number of units in relation to the household size may also reflect preference and economics: many small households obtain larger units, and some large families live in small units for economic reasons.

Table 4.10-3 compares the number of households in the City of Newport Beach and Orange County for the period 2000-2005. The average household size in the City of Newport Beach increased slightly from

2.09 pph in 2000 to 2.19 pph in 2005. The average household size of 2.19 persons in 2005 is used for projections in this EIR.

Area 2000 2005
Total Households
Newport Beach
33,071
37,545
Orange County
935,287
976,540
Average Household Size (persons per household)
Newport Beach

2.09 2.19
Orange County

3.00 3.09
SOURCE: California State Department of Finance 2000, 2005 Household figures represent occupied house units.

City of Newport Beach General Plan Update EIR 4.10-3

V Housing
Residential Growth and Dwelling Unit Types
Between 1980 and 2005, approximately 11,127 housing units were added to the housing inventory in the City of Newport Beach. This indicates an average yearly increase in the housing stock of approximately 328 housing units. Since 1990, this rate of increase has slowed. Between 2001 and 2005, an average of 200 to 300 housing units per year was added to the housing stock with the exception of 2003, which included the annexation of Newport Coast.

4.10.3 Thresholds of Significance
The following thresholds of significance are based on Appendix G of the 2005 CEQA Guidelines. For purposes of this EIR, implementation of the proposed project may have a significant adverse impact on biological resources if it would result in any of the following:
■ Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)
■ Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere
■ Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere

4.10.4 Project Impacts, Mitigation Measures, and Proposed Policies
■ Effects Not Found to Be Significant
The IS/NOP prepared for the proposed project did not identify any effects not found to be significant associated with Population and Housing. Therefore, all thresholds are addressed in this section. ■ Project Impacts
Threshold Would the proposed project induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? Impact 4.10-1 Implementation of the proposed General Plan Update would induce substantial growth in an area, either directly or indirectly.

As discussed in Chapter 1 (Introduction), the baseline used in this EIR consists of 2002 data, as presented in the TBR. This baseline presents a more conservative analysis for this EIR because the TBR does not include the growth authorized under the existing General Plan that occurred between 2002 and

4.10-4 City of Newport Beach General Plan Update EIR

the January 2006 IS/NOP publication date. Thus, for the purposes this analysis, the total population upon buildout of the proposed General Plan Update is derived by adding the projected increase to the City's 2002 population rather than the 2005 population. This allows for a more accurate representation of the population in the Planning Area upon buildout of the General Plan Update, and provides a more conservative estimate of the population increase.

Residential units developed under the proposed General Plan Update would increase the City's population. In 2002, there were approximately 40,179 residential units in the City. According to Table 3- 3 in the Project Description, buildout of the proposed General Plan Update would increase the number of dwelling units by 14,215 units (approximately 12,515 multi -family units and approximately 1,700 single-family units), for a total of 54,394 units, representing a 35 percent increase in the number of dwelling units over 2002 conditions. Buildout of the existing General Plan would increase the number of dwelling units by 9,549, or a 24% increase over 2002 conditions.

According to the DOF, the 2002 population was approximately 72,622 residents. For purposes of comparison, the existing (2005) population is approximately 83,120 residents, which is approximately 465 persons less than what was projected by SCAG in 2004 (Table 4.10-2). However, as discussed previously, the baseline year (2002) is used for all impact analyses in this EIR because the TBR presents a more conservative (or worst -case scenario) analysis. Using the City's existing pph rate of 2.19, the net increase of 9,549 residential units under the existing General Plan would result in a population increase of 20,912 residents. Under the proposed General Plan Update, the potential increases would be greater, as 14,215 residential units would result in a population increase of approximately 31,131 residents. Consequently, this increase would result in a total population of 103,753 persons at buildout of the proposed General Plan Update, which would represent an approximately 43 percent increase in population over the 2002 population and an approximately 37 percent increase in population over existing conditions. This increase is considered to be substantial. This estimated population increase represents the most conservative or worst -case scenario, as it assumes that all allowed units would be built, which has not occurred under the existing General Plan. Additionally, this estimate assumes that all units in the City would be occupied. However, as previously discussed, the City currently has a 10.9 percent vacancy rate, which is substantially higher than that of the County. Thus, units that would likely remain vacant (due to conditions such as seasonal housing) are included in the calculation of the City's population upon buildout of the proposed General Plan Update. Further, implementation of the proposed General Plan Update would include development of more multi -family residential units, which typically have fewer persons residing in each unit as compared to single-family units. Because multi -family residential units do not presently make up a substantial portion of the City's residential land uses, the existing 2.19 pph does not reflect a reduction in future pph rates.

The increase in residential units and the associated increase in population would exceed SCAG projections. The number of households in the City is projected by SCAG at 43,100 by 2030, while the number of dwelling units under the proposed General Plan Update would be 54,394 units. The SCAG- projected population is 94,167 by 2030, and the population resulting from the proposed General Plan Update buildout would be approximately 10 percent higher, or 103,753 residents.

City of Newport Beach General Plan Update EIR 4.10-5

Because the residential portion of the proposed General Plan Update would substantially increase population growth within the City (by approximately 43 percent over 2002 population, approximately 37 percent over existing conditions, and approximately 10 percent higher than existing SCAG projections), impacts on population growth would be considered significant.

Threshold Would the proposed project displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? Would the proposed project displace substantial numbers of existing people, necessitating the construction of replacement housing elsewhere? Implementation of the proposed General Plan Update would not displace substantial numbers of existing housing or people.

Development under the proposed General Plan Update would occur primarily on sparse, developable land the City has left, by intensifying current land uses, and through the conversion of land uses of economically underperforming and obsolete development. In addition, new development on the currently vacant Banning Ranch area could occur if this area cannot be retained for open space. No substantial demolition of residential uses is proposed under the General Plan Update.

There is an allowance for the loss of ten single-family residential units in the West Newport Mesa subarea, only if these units are sold voluntarily by the owners. These properties could be converted to commercial uses. However, West Newport Mesa would also gain 1,070 multi -family residential units, which would be consistent with Policy LU 6.6.2, which promotes the development of a mix of residential types and building scales within the subarea.

Since the proposed General Plan Update does not propose uses that would displace substantial numbers of existing housing or people, there would be no impact. ■ Cumulative Impacts
The geographic context for the cumulative impacts associated with population and housing issues is Orange County, which assumes full buildout of the proposed General Plan Update, in combination with buildout of the County as currently planned.

SCAG's regional growth data project that the population of Orange County will be 3,552,742 persons in 2030, an increase of 495,877 persons over the County's existing population. SCAG also projects that the population of the City will be 94,167 persons in 2030. The proposed General Plan Update projects that the population of the City will be 103,753 persons in 2030, an increase of 9,586 persons over what SCAG projects in 2030 for the City and Orange County. As stated in Impact 4.10-1, this is an increase of approximately 10 percent over what SCAG projects for the City in 2030. In the cumulative context of Orange County, this represents an increase of approximately less than one percent over what is projected by SCAG for 2030. On a cumulative level, the proposed project would not result in substantial population growth beyond projections, and would not induce substantial population growth in an area,

4.10-6 City of Newport Beach General Plan Update EIR

either directly or indirectly. This cumulative impact would be less than significant. The project would have a less -than -significant contribution to this effect.

It is currently unknown whether cumulative development within the County could result in demolition of existing housing units, displacing existing persons or dwelling units. However, development related to the General Plan Update would not result in or contribute to substantial demolition of existing housing that would displace existing people or dwelling units. If housing units were displaced as a result of future development proposals in the County, relocation plans would be prepared consistent with Federal and State law (similar to Housing Program 4.2.2 in the Housing Element). Thus, the General Plan Update, as well as development within the County, would not result in the displacement of persons or housing without providing replacement housing. This cumulative impact would be less than significant. The project would have a less -than -significant contribution to this effect. ■ Proposed General Plan Update Policies
The Housing Element of the proposed General Plan Update includes policies that would address issues related to population and housing within the City of Newport Beach. The policies that are applicable to the project are included below.

Housing Element
Goal H 1 Quality residential development and preservation, conservation, and appropriate redevelopment of housing stock
Policy H 1.1 Support all reasonable efforts to preserve, maintain, and improve availability and quality of existing housing and residential neighborhoods, and ensure full utilization of existing City housing resources for as long into the future as physically and economically feasible.

Housing Program 1.1.1—Improve housing quality and prevent deterioration of existing neighborhoods by strictly enforcing Building Code regulations and abating Code violations and nuisances.

Housing Program 1.1.2—Participate with the Orange County Housing Authority and Housing and Community Development Division in their administration of rehabilitation loans and grants for low- and moderate - income homeowners and rental property owners to encourage preservation of existing City housing stock.

Housing Program 1.1.3—Require replacement of housing demolished within the Coastal Zone when housing is or has been occupied by very -low, low-, and moderate -income households within the preceding 12 months. The City shall prohibit demolition unless a Coastal Residential Development Permit has been issued. The specific provisions implementing replacement unit requirements are contained in the Municipal Code.

City of Newport Beach General Plan Update EIR 4.10-7

Goal H 2 A balanced residential community, comprised of a variety of housing types, designs, and opportunities for all social and economic segments Policy H 2.1 Encourage preservation of existing and provision of new housing affordable to very low, low- and moderate income households.

Housing Program 2.1.1—Maintain rental opportunities by restricting conversions of rental units to condominiums unless the vacancy rate in Newport Beach for rental housing is an average 5% or higher for four (4) consecutive quarters, and unless the property owner complies with condominium conversion regulations contained in Chapter 20.83 of the Newport Beach Municipal Code.

Housing Program 2.1.2—Take all feasible actions, through use of development agreements, expedited development review, and expedited processing of grading, building and other development permits, to ensure expedient construction and occupancy for projects approved with low- and moderate -income housing requirements.

Housing Program 2.1.3—Participate with the County of Orange in the issuance of tax-exempt mortgage revenue bonds to facilitate and assist in financing, development and construction of housing affordable to low and moderate -income households.

Housing Program 2.1.4—Conduct an annual compliance -monitoring program for units required to be occupied by very low-, low-, and moderate - income households.

Policy H 2.2 Encourage the housing development industry to respond to housing needs of the community and to the demand for housing as perceived by the industry, with the intent of achieving the Regional Housing Needs Assessment construction goals within five (5) years.

Housing Program 2.2.1—Require a proportion of affordable housing in new residential developments or levy an in -lieu fee. The City's goal over the five- year planning period is for an average of 20% of all new housing units to be affordable to very low-, low-, and moderate -income households. The City shall either a) require the production of the housing units affordable to very low-, low- or moderate -income households, or b) require the payment of an in -lieu fee, depending on the following criteria for project size:

1. Projects of fifty or fewer units shall have the option of providing the units or paying the in -lieu fee.

2. Projects where more than fifty units are proposed shall be required to provide the units.

All required very low—, low-, and moderate -income units shall be provided on - site unless at an off -site location approved by the City. Implementation of this program will occur in conjunction with City approval of any residential discretionary permits or Tentative Tract Maps. To insure compliance with the

4.10-8 City of Newport Beach General Plan Update EIR

20% affordability requirements, the City will include conditions in the approval of discretionary permits and Tentative Tract Maps to require ongoing monitoring of those projects.

Housing Program 2.2.2—The City shall provide more assistance for projects that provide a higher number of affordable units or a greater level of affordability. At least 20% of units shall be affordable when assistance is provided from Community Development Block Grant funds or the City's in - lieu housing fund.

Housing Program 2.2.3—For new developments proposed in the Coastal Zone areas of the City, the City shall follow Government Code Section 65590 and Title 20.

Housing Program 2.2.4—All required affordable units shall have restrictions to maintain their affordability for a minimum of 30 years.

Housing Program 2.2.5—Advise existing landowners and prospective developers of affordable housing development opportunities available within the Banning Ranch, Airport Area, Newport Center, West Newport Mesa, Mariners' Mile, West Newport Highway, and Balboa Peninsula areas.

Housing Program 2.2.6—Periodically contact known local developers and landowners to solicit new affordable housing construction.

Housing Program 2.2.7—Participate in other housing assistance programs that assist production of housing.

Policy H 2.3 Approve, wherever feasible and appropriate, mixed residential and commercial use developments that improve the balance between housing and jobs.

Housing Program 2.3.1—Study housing impacts of proposed major commercial/industrial projects during the development review process. Prior to project approval, a housing impact assessment shall be developed by the City with the active involvement of the developer. Such assessment shall indicate the magnitude of jobs to be created by the project, where housing opportunities are expected to be available, and what measures (public and private) are requisite, if any, to ensure an adequate supply of housing for the projected labor force of the project and for any restrictions on development due to the "Greenlight" initiative.

Goal H 3 Housing opportunities for as many renter and owner occupied households as possible in response to the demand for housing in the city Policy 3.2 Enable construction of new housing units sufficient to meet City quantified goals by identifying adequate sites for their construction.

Housing Program 3.2.1—Identify the following sites as adequate, which will be made available through appropriate zoning and development standards and City of Newport Beach General Plan Update EIR 4.10-9

with public services and facilities needed to facilitate and encourage development of a variety of housing types to meet City housing goals as identified pursuant to Government Code Section §65583(b): Banning Ranch, Airport Area, Newport Center, West Newport Mesa, Mariners' Mile, West Newport Highway, and the Balboa Peninsula areas.

Housing Program 3.2.2—Update Zoning Code to reflect housing opportunities provided in the Land Use Element. (Imp 2.1) Housing Program 3.2.3—When requested by property owners, the City shall approve rezoning of developed or vacant property from non-residential to residential uses when appropriate. These rezoned properties shall be added to the list of sites for residential development. (Imp 2.1) Goal H 4 Preservation and increased affordability of the city's housing stock for very low— low-, and moderate -income households
Policy H 4.2 Maintain and preserve existing City housing stock and improve energy efficiency of all housing unit types (including mobile homes) Housing Program 4.2.1—Investigate the use of Federal funds to provide technical and financial assistance, if necessary, to all eligible homeowners and residential rental property owners to rehabilitate existing dwelling units through low- interest loans or potential loans, or grants to very low, low- and moderate -income, owner -occupants of residential properties to rehabilitate existing units. (Imp 43.8)
Housing Program 4.2.2—In accordance with Government Code Section 65863.7, require a relocation impact report as a prerequisite for the closure or conversion of an existing mobile home park. (Imp 17.2)
Housing Program 4.2.3—Should need arise, consider using a portion of its Community Development Block Grant funds for establishment and implementation of an emergency home repair program. Energy efficient products shall be required whenever appropriate. (Imp 34.2) Housing Program 4.2.4—Participate as a member of the Orange County Housing Authority Advisory Committee and work in cooperation with the Orange County Housing Authority to provide Section 8 Rental Housing Assistance to residents of the community. The City shall, in cooperation with the Housing Authority, recommend and request use of modified fair market rent limits to increase number of housing units within the City that will be eligible to participate in the program. The Newport Beach Planning Department shall prepare and implement a publicity program to educate and encourage landlords within the City to rent their units to Section 8 Certificate holders and to make very low-income households aware of availability of the Section 8 Rental Housing Assistance Program. (Imp 19.3)

4.10-10 City of Newport Beach General Plan Update EIR

Housing Program 4.2.5—Participate in a Joint Powers Authority of Orange County jurisdictions for the purpose of financing and administering a lease purchase program for first-time homebuyers. (Imp 19.3)
Land Use Element
The Land Use Element of the proposed General Plan Update includes policies that would address issues related to land use within the City of Newport Beach. The policies that are applicable to the project are included below.

Goal LU 6.6 A medical district with peripheral medical services and research facilities that support the Hoag Hospital campus within a well -planned residential neighborhood, enabling residents to live close to their jobs and reducing commutes to outlying areas.

Policy LU 6.6.2 Residential Types
Promote the development of a mix of residential types and building scales within the densities permitted by the "RH-A" designation, which may include single-family attached, townhomes, apartments, flats, and comparable units.

Residential densities may be increased on a property as a means of promoting a variety of housing types within Newport Mesa, provided that the overall average density of 30 units per adjusted gross acre is not exceeded.

Impacts and Mitigation Measures
While mitigation measures are available for resource sections that analyze the direct impacts of population growth, there are no mitigation measures to reduce the substantial increase in growth alone.

Level of Significance After Policies/Mitigation Measures After implementation of the proposed General Plan Update policies, impacts to population and housing would remain significant and unavoidable.

4.10.5 References
Applied Development Economics, Inc. 2004. Fiscal Impact Analysis and Model.

Munroe Consulting Inc. 2002. Economic Outlook Report 2002—Orange County & Region.

Newport Beach, City of. 2003a. General Plan Technical Background Report. Sections 2.3 Population and Demographics & 2.4 Housing. Prepared by EIP Associates. 2003b. Housing Element.
2004. Demographics Data: http://www.city.Newport-beach.ca.us/pin/ demo_main.htm.

City of Newport Beach General Plan Update EIR 4.10-11

Southern California Association of Governments. 2001. RTP Growth Forecast:
http://www.scag.ca.gov/forecast/downloads/city— projections.xls.

U.S. Census Bureau. http://factfinder.census.gov .

4.10-12 City of Newport Beach General Plan Update EIR

4.11 PUBLIC SERVICES
This section evaluates the effects of the proposed project on public services by identifying anticipated demands on existing and planned service availability. The IS/NOP identified the potential for impacts associated with implementation of the proposed General Plan Update on fire protection, police protection, schools, and library services. Parks, although included as a public service in Appendix G of the CEQA Guidelines, are analyzed separately in Section 4.12 (Recreation) of this EIR. Similarly, impacts related to emergency access are analyzed in Section 4.13 (Transportation/ Traffic) of this EIR. Existing data sources used to prepare this section were taken from Newport Beach Public Library, Written communication from Linda Katsouleas, Director of Library Services. 6 January, 2006, California Department of Education, Dataquest Website http://datal.cde.ca.gov/dataquest , accessed November 18, 2005, California Department of Education Data Website http://www.ed- data.kl2.ca.us/welcome.asp, accessed January 9, 2006, California Department of Finance, Demographic Research Unit, Table E-5, http://www.dof.ca.gov/HTML/DEMOGRAP/E-5a.xls , Accessed December 5, 2005, EIP Associates, General Plan Update Technical Background Report, 2004, NBFD Personal communication from Steve Bunting, Fire Marshal. 18 November, 2005, NBFD, Written communication from Steve Bunting, Fire Marshal, 22 November, 2005, NBFD, Written communication from Steve Bunting, Fire Marshal 31 October, 2005, NBPD, Written communication from Todd Hughes, Environmental Services Coordinator. November 7, 2005, Newport Beach Police Department, www.nbpd.org/crime_statistics/2004_particrimes . asp, Accessed November 8, 2005, Riley, Tim. NBFD, Memo to Jean Ferrel, Metro Cities Fire Manager, January 2, 2005. Full bibliographic entries for all reference materials are provided in Section 4.11.5 (References) of this section.

Two comment letters associated with public services were received in response to the IS/NOP circulated for the proposed General Plan Update. The City of Costa Mesa requested that the DEIR include an analysis of potential impacts on the degree to which increases in population and employment as a result of the buildout of the proposed General Plan Update would result in increased demand for Costa Mesa Police and Fire service demands, personnel, and equipment. Sections 4.11.1 and 4.11.2 (Fire Protection and Police Protection, respectively) provide such an analysis. Another comment letter requested that the DEIR include an analysis of the City's capacity to address the needs of the Newport -Mesa Unified School District with the potential expansion or creation of school facilities. Section 4.11.3 provides such an analysis.

4.11.1 Fire Protection
Existing Conditions
Service Providers
The Newport Beach Fire Department (NBFD) and the Orange County Fire Authority provide fire protection services for the City and Planning Area. The NBFD provides fire protection services for the entire City. Most of the Banning Ranch is not served by the Orange County Fire Authority (OCFA), an City of Newport Beach General Plan Update EIR 4.11-1

agency which provides regional fire protection and emergency services to unincorporated portions of Orange County and nineteen city jurisdictions. If Banning Ranch is annexed into the City, potential increases in the need for fire protection services provided by the OCFA and the CMFD would not be required. Instead, all additional need for fire protection services would be assumed by NBFD.

Newport Beach Fire Department
The NBFD is responsible for reducing loss of life and property from fire, medical, and environmental emergencies. In addition to fire suppression, the NBFD also provides fire prevention and hazard reduction services. The Fire Prevention Division works in conjunction with the City's Planning, Public Works, and Building Departments to ensure that all new construction and remodels are built in compliance with local and State building and fire codes, including the provision of adequate emergency access and on -site fire protection measures. The City requires all businesses to be inspected annually for adherence to the fire and life safety codes. Further, the NBFD provides emergency medical services (EMS) from three of its existing fire stations. Private ambulance services are also available within City limits.

Fire stations are strategically located throughout the City to provide prompt assistance to area residents.

Each fire station operates within a specific district that comprises the immediate geographical area around the station. Upper Newport Bay (and the circulation challenges it creates) result in Newport Beach having more fire stations per population than typical in order to maintain response times. A list of the fire stations in Newport Beach is provided in Table 4.11-1.

Table4
Station No.
- Station Facilities
Street Address Location Area
Fire Station 1
110 Balboa Boulevard
Balboa Peninsula
Fire Station 2
475 32nd Street
Lido
Fire Station 3
868 Santa Barbara
Newport Center
Fire Station 4
124 Marine Avenue
Balboa Island
Fire Station 5
410 Marigold
Corona del Mar
Fire Station 6
1348 Irvine
Mariner
Fire Station 7
2301 Zenith
Santa Ana
Fire Station 8
6502 Ridge Park
Newport Coast
SOURCE: NBFD 2003
Staffing
As of November 2005, the NBFD has 146 full-time employees and over 170 seasonal employees providing 24-hour protection and response to the City's residents and visitors.' The NBFD is divided into four divisions: Operations, Fire Prevention, Training, and Administrative. Operations constitutes the majority of NBFD employees, with 127 full-time staff and 173 seasonal employees, while the Fire 67 Bunting, Steve. Fire Marshal, Newport Beach Fire Department. Email to EIP Associates. November 18, 2005.

4.11-2 City of Newport Beach General Plan Update EIR

Prevention Division has 6 staff, the Training Division has 5 staff members, and the Administrative Division consists of 7 staff members.

The NBFD divides its staff into three shifts per day, with approximately 40 personnel working each shift, with an overall total of 112 Fire Suppression and EMS personnel working at the eight Newport Beach fire stations each day. Each of the eight fire stations has one engine company, while three have paramedic vans, and two have ladder trucks. Of the 112 NBFD employees located at the eight NBFD stations, seven paramedics serve per shift. Two are always on duty at Stations 2, 3, and 5 with paramedic ambulances. In addition, Station 8 has 1 paramedic firefighter that rides on the engine.

Each engine or truck company has a staff of 3 persons per 24-hour period: 1 captain, 1 engineer (driver), and 1 fire fighter, with the exception that on one engine the firefighter position is staffed with a paramedic firefighter. Each paramedic ambulance has a staff of 2 firefighter -paramedics per 24-hour period. Table 4.11-2 below summarizes the staffing and equipment per station.

Station
Table 4.11-2 Stations
Location Equipment
and Staffing Chart
Manpower
1 Balboa Peninsula
1 Fire Engine
1 Captain, 1 Engineer, 1 Firefighter
2 Lido
1 Fire Engine
1 Captain, 1 Engineer, 1 Firefighter
1 Ladder Truck
1 Captain,1 Engineer, 1 Firefighter
1 Paramedic Van
2 Firefighter Paramedics
3 Fashion Island
1 Fire Engine
1 Captain, 1 Engineer, 1 Firefighter
1 Ladder Truck
1 Captain, 1 Engineer, 1 Firefighter
1 Paramedic Van
2 Firefighter Paramedics
1 Battalion Chief
1 Battalion Chief
4 Balboa Island
1 Fire Engine
1 Captain, 1 Engineer, 1 Firefighter
5 Corona Del Mar
1 Fire Engine
1 Captain, 1 Engineer, 1 Firefighter
1 Paramedic Van
2 Firefighter Paramedics
6 Mariners'
1 Fire Engine
1 Captain, 1 Engineer, 1 Firefighter
7 Santa Ana Heights
1 Fire Engine
1 Captain, 1 Engineer, 1 Firefighter
8 Newport Coast
1 Fire Engine
1 Captain, 1 Engineer, 1 Firefighter Paramedic
SOURCE: Steve Bunting, Fire Marshal, NBFD, October 31, 2005.

Other Services
As mentioned above, the NBFD provides additional services beyond fire protection and EMS. These services include the following.
■ The NBFD oversees 16 full-time lifeguards, and up to 173 part-time seasonal lifeguards during the summer season. Lifeguards are headquartered at the Newport Pier, and there is a lifeguard boathouse in the Orange County Sheriffs Facility on Bayside Drive with three boats. During the summer months, mid June through Labor Day, there are approximately 37 lifeguard towers that are open throughout the day. Throughout the rest of the year, the headquarters remains open and City of Newport Beach General Plan Update EIR 4.11-3

lifeguards patrol the beach in rescue vehicles; however, no towers are open, except in periods in spring with heavy beach use.
■ Another service of the NBFD is to handle incidents associated with hazardous materials. The NBFD's goal is to protect the public health and the environment throughout the City from accidental releases and improper handling, storage, transportation and disposal of hazardous materials through coordinated efforts of regulation, management, emergency response, enforcement, and site mitigation oversight. The hazardous materials personnel are responsible for in-house training and education, and do not respond to emergencies. In case of a hazardous materials emergency, Huntington Beach Fire Department or Orange County Fire Department is called.
■ The Ocean Safety and Beach Rescue (OSBR) service, an activity that requires special training and equipment, allows the NBFD to offer advanced technical rescue capabilities. Members of the OSBR Committee, which consists of NBFD personnel certified as California State instructors for Rescue Systems and Emergency Trench Rescue, are trained in confined space rescue, high angle rescue, the use of Biopack self-contained breathing apparatus's, helicopter rescue, rescue diving, and other specialties.

Calls for Service
The NBFD responded to 272 fire incidents and 5,381 medical incidents in the City of Newport Beach during 2004. During this time, approximately 2,200 additional calls for service within the City that required a response were handled by the NBFD. Additionally, the NBFD either responded to or assisted in the response to approximately 1,012 incidents outside of City limits. A summary of the incidents to which the NBFD responded to during 2004 are summarized in Table 4.11-3, below.

Type of Incident
Responses in 2004
Within City limits
Fire
272
Medical
5,381
Hazardous Materials
95 Other Emergencies
1,238
Service
865
Subtotal (within City limits)
7,851
Outside City limits
Fire
155
Medical
653
Hazardous Materials
9 Other Emergencies
152
Service
41 Strike Team
2 Subtotal (outside City limits)
1,012
Total
8,863
SOURCE: Riley, Tim. NBFD. Memo to Jean Ferrel, Metro Cities Fire Manager, January 2, 2005

4.11-4 City of Newport Beach General Plan Update EIR

The table above shows that the eight fire stations serving the City of Newport Beach responded to a total of 8,863 incidents, which results in an average of about 1,107 incidents per station. It should be noted that 68 percent of the responses were medical emergency calls. In Newport Beach, these medical emergencies are handled by the closest available engine company and closest paramedic ambulance, from one of the three fire stations with paramedic ambulances (i.e., Fire Stations 2, 3, and 5). Thus, each paramedic ambulance responded to an average of 2,011 medical emergencies in 2004. These numbers are well within the number of calls recommended by the Insurance Service Office (ISO) when rating a community for fire insurance rates. Specifically, the ISO recommends that a second company be put in service in a fire station if that station receives more than 2,500 calls per year. The reason for this recommendation is to assure reliability of response to a structure fire. If an engine company provides support to the paramedic ambulance by responding to medical aid calls, and this impacts the station's response to structure fire calls, it may be prudent to add another paramedic ambulance or support squad vehicle and increase staffing at that fire station with the most medical aid traffic. A high volume of calls also creates a high potential for multiple calls occurring at once (multiple queuing), which can result in a company being unavailable to respond to a structure fire. Thus, if this forces a response from other stations farther away, it can result in a larger fire before assistance arrives.

Fires in Newport Beach represent about five percent of all calls, with structure fires representing less than two percent of all calls. This is due to the use of modern fire and building codes, effective fire prevention inspection work by the NBFD, and effective public education. Fires, when they do occur in newer occupancies, are generally kept small by fire sprinkler systems and the efforts of the NBFD.

Although structural fires can occur in any developed areas within the Planning Area, the older portions of the City are especially susceptible to this hazard. Areas such as Balboa Peninsula, Balboa Island, and Corona del Mar contain structures dating from the early 1900s. Due to the age of the structures, older building standards and fire codes were applied, non -fire -resistive construction materials were used, and no current internal sprinklers or other fire safety systems are in place. Another contributing factor is the density of construction in these areas. Generally, residences are built with 3- or 4-foot setbacks. Within these setbacks, projections such as bay windows and roof eaves are allowed, which affect emergency access to the sides and back of the residences. Narrow streets within these areas also make it difficult to maneuver and position response vehicles.

Service Performance Measures
Personnel to Population Ratio
The personnel to population ratio is approximately 0.48 firefighters for each 1,000 residents. However, personnel to population ratios are no longer considered by fire managers to be valid measurements of service, particularly for comparisons to other agencies. Factors that cause a variable between one agency and another include local geography, response times, building codes, demographics, local economic conditions, revenue and, ultimately, the level of service desired by local policy makers. Irrespective of the City of Newport Beach General Plan Update EIR 4.11-5

personnel to population ratio, in the NBFD's estimation, the NBFD's current staffing level adequately suits the current needs of the City's residential population." Response Times
Fire and emergency medical response time is one of the NBFD's highest priorities. For emergency response, it is recommended that a three- to four -person engine company arrive within a 5-minute response time to 90 percent of all structure fire calls in the City, and within a 10-minute response time to the remaining 10 percent. Response time is defined as 1 minute to receive and dispatch the call, 1 minute to prepare to respond in the fire station or field, and 3 minutes driving time at 35 miles per hour (mph) average (for an approximate distance not exceeding 1.75 miles between the responding fire station and the incident location).

Actual response statistics for the NBFD for 2004 are provided in Table 4.11-4 below. These response times are measured from the time the dispatch is made to arrival at the scene by the responding engine company. The averages show that the majority of the fire units in the City reach their destination within the preferred 5-minute response time, and all units respond within 6 minutes of the call being received by dispatch. The longer response times are for Fire Station 8 located in Newport Coast, a large area serviced by one fire station.

Table 4.11-4 Average
Arrival,
StaBon No.

Response Time, from Dispatch to
for Each Unit in - NBFD for 2004
Average Response Time Minutes
Year 2002
1 3 minutes 51 seconds
2 4 minutes 10 seconds
3 4 minutes 32 seconds
4 4 minutes 29 seconds
5 4 minutes 36 seconds
6 4 minutes 31 seconds
7 4 minutes 55 seconds
8 5 minutes 58 seconds
Average Totals
4 minutes 28 seconds
SOURCE: Bunting, Steve. Fire Marshal, NBFD. Email to EIP Associates. November 22, 2005.

In addition to these components, there is another component called "set up" time. This is the time it takes firefighters to get to the source of a fire and get ready to fight the fire. This may range from 2 minutes at a small house fire to 15 minutes or more at a large or multistory structure, such as a fire at Fashion Island, Hoag Memorial Hospital, or a large condominium complex. 68 Steve Bunting, Fire Marshal, Newport Beach Fire Department, October 31, 2005,

4.11-6 City of Newport Beach General Plan Update EIR

An additional goal of the NBFD is to have a three- to four -person ladder truck company with an aerial device, a second engine company with three to four persons, a paramedic ambulance, and a fire battalion chief to arrive within a 10-minute response time interval to 80 percent of all structure fire calls within the City. ISO recommends a truck company within 2.5 miles if there are five or more buildings that are three or more stories or 35 feet or more in height, or five buildings with fire flow needs greater than 3,500 gallons per minute. Fire Station 2 in Lido provides this level of service for the high rises on the west side of Newport Beach. Fire Station 3 in Newport Center provides this level of service for the high rises in the Fashion Island and Airport areas. An additional truck company from Costa Mesa or Santa Ana can respond via automatic aid, if needed, within 5 miles of the City limits.

Structural fire response requires numerous critical tasks to be performed simultaneously. The number of firefighters required to perform the tasks varies based upon the risk. The number of firefighters needed at a maximum high -risk occupancy, such as a shopping mall or large industrial occupancy would be significantly higher than for a fire in a lower -risk occupancy. Given the large number of firefighters that are required to respond to a high -risk, high -consequence fire, fire departments increasingly rely on automatic and mutual aid agreements to address the fire suppression needs of their community. If additional resources are needed due to the intensity or size of the fire, a second alarm may be requested.

The second alarm results in the response of at least another two engine companies, and a ladder truck.

Beyond this response, additional fire units are requested via the automatic or mutual aid agreements.

Insurance Service Office (ISO) Rating
The ISO provides rating and statistical information for the insurance industry in the United States. To do so, ISO evaluates a community's fire protection needs and services, and assigns each community evaluated a Public Protection Classification (PPC) rating. The rating is developed as a cumulative point system, based on the community's fire -suppression delivery system, including fire dispatch (operators, alarm dispatch circuits, telephone lines available), fire department (equipment available, personnel, training, distribution of companies, etc.), and water supply (adequacy, condition, number and installation of fire hydrants). Insurance rates are based upon this rating. The worst rating is a Class 10, while the best is a Class 1. Based on the type and extent of training provided to fire -company personnel and the City's existing water supply, Newport Beach currently has a Class 2 ISO rating.

Projected Needs
As mentioned previously, the NBFD does not use population projections to determine projected future needs. The NBFD's service goals are based on accepted service levels within Fire Protection, such as a 5- minute response time for a first -arriving fire engine at a fire or medical aid event, and 8-minute response time for a fist -arriving fire engine for a paramedic unit.

As part of the operating budget, the NBFD has an equipment replacement program which guarantees replacement of all of its apparatus needs, such as vehicles and boats. The NBFD maintains both front line and reserve fire vehicles for both fire suppression and emergency service needs. There are 8 front line engines and 3 reserve engines; 2 front line ladder trucks; a squad, which serves as a reserve truck or engine; three front line paramedic vans and 2 reserve paramedic vans. Because of the relatively new age City of Newport Beach General Plan Update EIR 4.11-7

of the entire inventory, the vehicles are very reliable and require very little down time for major repairs.69 Most fire stations in Newport Beach were built in the 1950's and 1960's and therefore are currently deficient in the areas of capacity, serviceability, and physical condition. They will need to be replaced or upgraded in order to meet current needs. Remodeling plans are also underway for the Fire Station 1 (Balboa Peninsula) and Fire Station 5 (Corona Del Mar). Fire Station 7 (Santa Ana Heights) is currently housed within a temporary trailer but will be relocated to a new fire station within Santa Ana Heights that will soon be under construction. That new station will also be home to the NBFD's new training center, which will include a classroom, drill tower and drill grounds.70 Securing adequate acreage of land to meet the needs of modern facilities will be a challenge in a City that is already predominantly built out. The NBFD is looking for available land to meet the immediate needs of Fire Station 5 (Corona del Mar), as it currently houses one fire Engine in the station and one paramedic unit in a temporary structure.

NBFD staffing levels have historically been driven not by population as much as by location. As of September 2003, the NBFD is conducting an in-house operational research study using various programs to optimize station locations based upon growth in geographic areas. Development of the Banning Ranch property could trigger the need of a new station. The NBFD is also studying the effect of a full buildout of Newport Coast with regard to their response time criteria. It may be necessary to relocate a station or add a new station in the Newport Coast area, south of Corona Del Mar. Station 5 (Corona Del Mar), which has a paramedic unit, might be relocated to a point further east on Coast Highway to better serve the down coast area. In the Airport Area, an increase in density by both infill and conversion of low rise properties to mid and high rise will necessitate the addition of a ladder truck company to the Santa Ana Heights fire station. In designing the new Santa Ana Heights fire station, the NBFD considered this possible change in density and planned for the future addition of a ladder company at that station, when and if the need arises. The NBFD is also currently analyzing the need to add a fourth paramedic unit."
w Regulatory Context
Local Regulations
City of Newport Beach Municipal Code
Title 9 Fire Code of the City's Municipal Code, which was updated in 2002, contains provisions that deal with a range of issues including articulating fire flow requirements, the provision of automatic sprinkler systems in public buildings, requiring an accurate occupant count in public places, and the provision of emergency power in public assembly places.
'9 Steve Bunting, Fire Marshal, Newport Beach Fire Department, October 31, 2005. 70 Steve Bunting, Fire Marshal, Newport Beach Fire Department, October 31, 2005. 71 Steve Bunting, Fire Marshal, Newport Beach Fire Department, October 31, 2005.

4.11-8 City of Newport Beach General Plan Update EIR

I Thresholds of Significance
The following thresholds of significance are based on Appendix G of the 2005 CEQA Guidelines. For purposes of this EIR, implementation of the proposed General Plan Update may have a significant adverse impact on fire protection services if it would result in any of the following:
■ Result in substantial adverse environmental impacts associated with the provision of new or physically altered fire protection facilities, the need for new or physically altered fire protection facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives Project Impacts, Mitigation Measures, and Proposed Policies Effects Not Found to Be Significant
The IS/NOP prepared for the proposed project did not identify any effects not found to be significant associated with Fire Protection. Therefore, all thresholds are addressed in this section.

Project Impacts
Threshold Would the project result in substantial adverse environmental impacts associated with the provision of new or physically altered fire protection facilities, the need for new or physically altered fire protection facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives? Impact 4.11.1-1 Implementation of the proposed General Plan Update could increase the demand for fire protection services, which could result in the need for additional fire facilities.

Development under the proposed General Plan Update would increase the population in the Planning Area. However, an increase in population, by itself, would not increase demand for fire protection services. The provision of fire stations varies more as a function of the geographic distribution of structures than of population increases. The NBFD's service goals are also based on accepted service levels, such as a 5-minute response time for a first -arriving fire engine at a fire or medical aid event, and an 8-minute response time for a first -arriving fire engine for a paramedic unit. As stated previously, the NBFD is currently operating at acceptable levels of fire protection services.

The NBFD has indicated that the proposed development of Banning Ranch, proposed as an alternative under the proposed General Plan Update could require the addition of one new fire station to compensate for additional demand for fire protection services. In addition, full buildout of the Newport Coast area could also require relocation of a station or the addition of a new station according to the NBFD. The Airport Area would be reconfigured to include new residential neighborhoods that would result in the extension of present residential development of the Irvine Business Complex (IBC) to the north. Currently, there is no residential development within the Airport Area. Under buildout of the proposed General Plan Update, 4,300 multi -family units would be constructed in this area. As a result of City of Newport Beach General Plan Update EIR 4.11-9

this development, demand for 24-hour residential medical service could increase. These proposed increases in development density in the Airport Area by both infill and conversion of commercial and industrial properties to residential use would also result in the need for an additional ladder truck company to the Santa Ana Heights Fire Station.

In general, the NBFD's ability to support the needs of future growth is dependent upon its ability to secure sites for construction and equipment for new fire stations in a timely manner. However, policies contained in the proposed General Plan Update require that adequate infrastructure be provided as new development occurs. For example, compliance with Policy LU 3.2 would ensure that growth and development would be coordinated with the provision of adequate infrastructure. Thus, fire staffing and facilities would be expanded commensurately to serve the needs of new development to maintain the current response time. Policies contained in the Safety Element would further ensure that development would comply with fire protection regulations. Policy S6-18 ensures that building and fire codes will be continually updated to provide for fire safety design.

Additionally, any new development that would occur under the proposed General Plan Update would be required to comply with all applicable Federal, State, and local regulations governing the provision of fire protection services, including adequate fire access, fire flows, and number of hydrants. The City of Newport Beach has adopted the 2001 California Fire Code (Title 9 was updated in 2002 at the time 2001 California Code was adopted) with City amendments and some exceptions. These provisions include construction standards in new structures and remodels, road widths and configurations designed to accommodate the passage of fire trucks and engines, and requirements for minimum fire flow rates for water mains. Finally, if new facilities would need to be constructed to accommodate increased demand on fire protection services, further environmental review would be required as specific facilities are proposed. In addition, all significant new development would be subject to the City's environmental review process which includes project -specific environmental review under CEQA. Compliance with applicable regulations and policies contained in the proposed General Plan Update would ensure impacts remain less than significant. No mitigation is necessary.

Cumulative Impacts
Since development under the proposed General Plan Update takes into account all projected future growth and development within the Planning Area, the project impact, as discussed under Impact 4.11.1-1, also analyzes cumulative impacts within the NBFD service area. As discussed under Impact 4.11.1-1, with implementation of proposed policies contained in the General Plan Update, adequate fire protection and emergency medical services would be provided in the Planning Area.

Furthermore, it is anticipated that demand created by residents at the IBC would adversely affect fire demand in the Planning Area such that new facilities would be required, and this cumulative impact would be less than significant.

Proposed General Plan Update Policies
The Land Use and Safety Elements of the proposed General Plan Update include policies that would address issues related to fire protection. The policies that are applicable to the project are included below.

4.11-10 City of Newport Beach General Plan Update EIR

Land Use Element
Goal A living, active, and diverse environment that complements all lifestyles and enhances neighborhoods, without compromising the valued resources that make Newport Beach unique. It contains a diversity of uses that support the needs of residents, sustain and enhance the economy, provide job opportunities, serve visitors that enjoy the City's diverse recreational amenities, and protect its important environmental setting, resources, and quality of life.

Policy LU 2.8 Adequate Infrastructure
Accommodate the types, densities, and mix of land uses that can be adequately supported by transportation and utility infrastructure (water, sewer, storm drainage, energy, and so on) and public services (schools, parks, libraries, seniors, youth, police, fire, and so on).

Goal A development pattern that retains and complements the City's residential neighborhoods, commercial and industrial districts, open spaces, and natural environment.

Policy LU 3.2 Growth and Change
Enhance existing neighborhoods, districts, and corridors, allowing for re -use and infill with uses that are complementary in type, form, scale, and character.

Changes in use and/or density/intensity should be considered only in those areas that are economically underperforming, are necessary to accommodate Newport Beach's share of projected regional population growth, improve the relationship and reduce commuting distance between home and jobs, or enhance the values that distinguish Newport Beach as a special place to live for its residents. The scale of growth and new development shall be coordinated with the provision of adequate infrastructure and public services, including standards for acceptable traffic level of service.

Goal6.1 A diversity of governmental service, institutional, educational, cultural, social, religious, and medical facilities that are available for and enhance the quality of life for residents and are located and designed to complement Newport Beach's neighborhoods.

Policy LU 6.1.1 Adequate Community Supporting Uses
Accommodate schools, government administrative and operational facilities, fire stations and police facilities, religious facilities, schools, cultural facilities, museums, interpretative centers, and hospitals to serve the needs of Newport Beach's residents and businesses.

City of Newport Beach General Plan Update EIR 4.11-11

Safety Element
Goal S6 Protection of human life and property from the risks of wildfires and urban fires.

Policy S6.8 Update Building and Fire Codes
Continue to regularly update building and fire codes to provide for fire safety design.

Policy S6.9 Retrofitting of Nonsprinklered Buildings
Encourage owners of nonsprinklered properties, especially high- and mid -rise structures, to retrofit their buildings and include internal fire sprinklers.

Mitigation Measures
No mitigation measures are necessary, as the proposed General Plan Update policies fully mitigate the impacts to fire protection.

Level of Significance After Policies/Mitigation Measures Impacts associated with fire protection would be less than significant with implementation of the proposed General Plan Update policies.

4.11.2 Police Protection
Existing Conditions
Service Providers
The Newport Beach Police Department (NBPD), the Orange County Sheriff Department (OCSD), and the Costa Mesa Police Department (CMPD) provide police services to the City and the Planning Area.

The NBPD provides local police services to the City of Newport Beach. Centrally located at 870 Santa Barbara Drive, the NBPD provides services in crime prevention and investigation, community awareness programs, and other services such as traffic control.

A majority of Banning Ranch within the Planning Area is served by the North Operations Division of the Orange County Sheriff's Department. The nearest Sheriff's station to the Planning Area is located at 550 North Flower Street in the City of Santa Ana. However, as the proposed General Plan Update includes annexation of these areas into the City, potential increases in the need for police services provided by the OCSD and the CMPD would not be required. Instead, all additional need for police services would be assumed by NBPD.

4.11-12 City of Newport Beach General Plan Update EIR

Staffing Levels and Equipment
As of November 2005, the NBPD employed a total of 280 personnel, including 1 Chief, 3 Captains, 7 Lieutenants, 22 Sergeants, 109 sworn officers, 85 civilian personnel, and 53 seasonal and part-time personnel. The NBPD is currently separated into three divisions (Support Services, Patrol/Traffic, and Detectives), all of which are overseen by the Office of the Chief of Police.

As of 2005, NBPD had the following equipment at their disposal:
■ 27 marked patrol units, including crew -cab truck and commercial enforcement truck ■ 34 unmarked vehicles (includes special weapons van, crime scene van, hostage negotiation van, and volunteer trucks)
■ 3 prison transport vans
■ 14 motorcycles
■ 3 beach squads
■ 3 helicopters with surveillance equipment (owned by Airborne Law Enforcement [ABLE] a joint powers authority of the Cities of Newport Beach and Costa Mesa) ■ 3 K-9 (dog unit)
■ 15 bicycles (Bicycle Unit includes Parking Enforcement and Volunteers) Currently, there are no immediate or near -future plans for expansion of police facilities, staff, or equipment inventory.72
Staffing Standards
There are no current law enforcement staffing standards available. NBPD currently has authorization for 148 sworn officers, and as of January 2005, approximately 85,120 residents live within the City of Newport Beach .7' The existing ratio of 1.7 officers per 1,000 residents allows the NBPD to meet the needs of a permanent and transient population that can swell to 200,000 on any given day. The increase in population is due to the influx of beachgoers, daytime employment, and visitors to the City. This figure is a broad indicator of available service; however, it should be considered in concert with more primary indicators including the following:
■ Volume of calls for service
■ Number of violent crimes
■ Number of Part I crimes (Part I crimes are the eight most serious crimes and include homicide, forcible rape, aggravated assault, burglary, larceny -theft, auto theft, and arson).

Classification of Calls
All emergency calls for police, fire, and paramedic services are initially answered by one of the 14 full- time or three part-time dispatchers at the Dispatch Center. While the number of calls received varies with the season, an average of 2,000 emergency calls is received per month, with an average answer time of 72 Todd Hughes, Environmental Services Coordinator, NBPD, personal communication, November 7, 2005. 73 California Department of Finance, Demographic Research Unit, htW:// www.dof.ca.gov/HTML/DEMOGRAP/E-5a.xls , Accessed December 5, 2005.

City of Newport Beach General Plan Update EIR 4.11-13

just five seconds. If an incident requires fire or paramedic response, the caller is connected with Metronet, who provide fire and emergency medical services dispatch for seven cities as part of a joint powers agreement.

Currently, the total number of calls received in the Dispatch Center is nearing 200,000 per year. Although not all calls to the Center require a physical response, an average of 60,000 events per year are dispatched. Dispatchers use a radio system to communicate with police officers in the field, animal control and parking control officers, as well as the helicopters, other Orange County law enforcement agencies, and neighboring dispatch centers.

In 2005, the average police response time to emergency calls was reported as just under 4 minutes, while the average response time for non -emergency calls is 7 minutes. According to the NBPD, current response times are acceptable.74
Crime Statistics
Table 4.11-5 illustrates the various Part I offenses for 2004 that took place in the City. Criminal offenses in 2005 increased from the previous year. In 2005, 3,137 Part I crimes were reported to the NBPD, compared to 2,693 in 2004. As indicated in Table 4.11-5, the principal crime reported in the City was larceny -theft, with the primary crime under this category consisting of burglary -theft from a motor vehicle. Other frequently reported Part I crimes include burglary and simple assault. ■ Regulatory Context
There are no Federal, State, or local policies that are directly applicable to police services within the Planning Area.
■ Thresholds of Significance
The following thresholds of significance are based on Appendix G of the 2005 CEQA Guidelines. For purposes of this EIR, implementation of the proposed project may have a significant adverse impact on police protection services if it would result in any of the following:
■ Result in substantial adverse environmental impacts associated with the provision of new or physically altered police protection facilities, the need for new or physically altered police protection facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives.

Project Impacts, Mitigation Measures, and Proposed Policies 74 Todd Hughes, Environmental Services Coordinator, Newport Beach Police Department, personal communication, November 7, 2005,

4.11-14 City of Newport Beach General Plan Update EIR

Effects Not Found to Be Significant
The IS/NOP prepared for the proposed project did not identify any effects not found to be significant associated with Police Protection. Therefore, all thresholds are addressed in this section.

Offense
YIDTotal
Criminal Homicide
3 Forcible Rape
10 Robbery
26 Assault
598
Aggravated
42 Simple
556
Burglary
584
Residential
269
Commercial
207
Garage
108
Larceny -Theft
1,711
Petty Theft
506
Grand Theft
402
Burglary/Theft From a Motor Vehicle
803
Grand Theft Auto
196
Arson
9 Total
3,137
SOURCE: http://www.nbpd.org/crime_statistics/2005_Particrimes.asp .

February 23, 2006
Project Impacts
Threshold Would the project result in substantial adverse environmental impacts associated with the provision of new or physically altered police protection facilities, the need for new or physically altered police protection facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives? Impact 4.11.2-1 Implementation of the proposed General Plan Update could increase the demand for police protection services, which would result in the need for additional police facilities.

As mentioned under Impact 4.11.1-1, implementation of the proposed General Plan Update would potentially increase the City's population. As previously discussed, the NBPD currently maintains an acceptable level of service, which could be diminished through implementation of the General Plan City of Newport Beach General Plan Update EIR 4.11-15

Update. Under the proposed General Plan Update, approximately 31,131 additional people would reside within the City limits upon full-buildout.75 The General Plan Update contains policies to ensure that adequate law enforcement is provided as the City experiences future development. For example, Policy LU 2.8 ensures that only land uses that can be adequately supported by the City's Public Services should be accommodated. Compliance with this policy would ensure that adequate service ratios are maintained.

To maintain the current ratio of 1.7 officers per 1,000 residents, NBPD would need to provide an additional 53 officers upon buildout of the General Plan Update. Maintaining NBPD's current ratio of

0.60 non -sworn personnel per sworn officer would result in the addition of 32 non -sworn personnel.

The addition of 84 police personnel would require that the NBPD construct additional police facilities.

As previously discussed, the NBPD does not have any immediate or near future plans for expansion of police facilities, staff, or equipment inventory. It is currently not known whether the existing NBPD site could accommodate a larger facility, or whether a new site or a substation would be considered. All significant new development of police facilities would be subject to the City's environmental review process which includes project -specific environmental review under CEQA. Therefore, this impact would be less than significant.

Cumulative Impacts
The geographic context for the analysis of cumulative impacts associated with police protection services would be the NBPD service area. Since development under the proposed General Plan Update takes into account all projected future growth and development within the Planning Area, the project impact, as discussed under Impact 4.11.2-1, also analyzes all cumulative impacts within the NBPD service area. As required by the proposed General Plan Update policies, the City would be required to adequately serve all areas with appropriate police services. Thus, as potential impacts to police services would be less than significant with implementation of the proposed General Plan Update policies listed below, the cumulative impacts to police services would also be less than significant.

Proposed General Plan Update Policies
The Land Use Element of the proposed General Plan Update includes policies that would address issues of police protection services. The policies that are applicable to the project are included below. 75 Based on 2.189 residents per dwelling unit. Figure from California Department of Finance, Demographic Research Unit, http://www.dof.ca.gov/HTML/DEMOGRAP/E-5a.xls , Accessed December 5, 2005.

4.11-16 City of Newport Beach General Plan Update EIR

Land Use Element
Goal A living, active, and diverse environment that complements all lifestyles and enhances neighborhoods, without compromising the valued resources that make Newport Beach unique. It contains a diversity of uses that support the needs of residents, sustain and enhance the economy, provide job opportunities, serve visitors that enjoy the City's diverse recreational amenities, and protect its important environmental setting, resources, and quality of life.

Policy LU 2.8 Adequate Infrastructure
Accommodate the types, densities, and mix of land uses that can be adequately supported by transportation and utility infrastructure (water, sewer, storm drainage, energy, and so on) and public services (schools, parks, libraries, seniors, youth, police, fire, and so on).

Goal A development pattern that retains and complements the City's residential neighborhoods, commercial and industrial districts, open spaces, and natural environment.

Policy LU 3.2 Growth and Change
Enhance existing neighborhoods, districts, and corridors, allowing for re -use and infill with uses that are complementary in type, form, scale, and character.

Changes in use and/or density/intensity should be considered only in those areas that are economically underperforming, are necessary to accommodate Newport Beach's share of projected regional population growth, improve the relationship and reduce commuting distance between home and jobs, or enhance the values that distinguish Newport Beach as a special place to live for its residents. The scale of growth and new development shall be coordinated with the provision of adequate infrastructure and public services, including standards for acceptable traffic level of service.

Goal6.1 A diversity of governmental service, institutional, educational, cultural, social, religious, and medical facilities that are available for and enhance the quality of life for residents and are located and designed to complement Newport Beach's neighborhoods.

Policy LU 6.1.1 Adequate Community Supporting Uses
Accommodate schools, government administrative and operational facilities, fire stations and police facilities, religious facilities, schools, cultural facilities, museums, interpretative centers, and hospitals to serve the needs of Newport Beach's residents and businesses.

City of Newport Beach General Plan Update EIR 4.11-17

Mitigation Measures
No mitigation measures are necessary.

Level of Significance After Policies/Mitigation Measures Impacts to police services resulting from implementation of the proposed project would be less than significant.

4.11.3 Schools
. Existing Conditions
The Newport -Mesa Unified School District (NMUSD), with a service area of 58.83 square miles, provides educational services to the City of Newport Beach, City of Costa Mesa, and other unincorporated areas of Orange County. The Airport Area is served by the Santa Ana Unified School District (SAUSD). A small portion of the City located in the eastern part of the City is served by the Laguna Beach Unified School District (LBUSD).

Public School Facilities
NMUSD serves the majority of the City and has thirty-two public schools including twenty-two elementary schools, two junior high schools, five high schools, two alternative education centers, and one adult school. Of these, two high schools, one middle school, and eight elementary schools are located within Newport Beach City limits. Table 4.11-6 lists all the NMUSD school facilities. The SAUSD consists of fifty-six public schools including thirty-seven elementary schools, nine middle schools, six high schools, one alternative education center, two adult schools, and one community day school. The closest of these schools to the Airport Area is Taft Elementary School, located at 500 Keller Avenue, approximately 1.3 miles from the John Wayne Airport. The LBUSD consists of one high school, one middle school, and two elementary schools. The closest of the schools to the Planning Area is El Morro Elementary School located at 8681 N Coast Hwy, just southeast along the coast from the City of Newport Beach.

Approximately 22,487 students were enrolled in NMUSD schools during the 2004/05 academic year.

Table 4.11-6 shows the enrollment for each school in the NMUSD.

Private School Facilities
Several private schools are also located either within City limits or in the local area and available to the City's residents for educational services. Those located in Newport Beach include Carden Hall (K-8), Harbor Day School (IZ 8), Our Lady Queen of Angles (K-8), St. Andrews Presbyterian (K-8), Newport Christian School (K-6), Newport Montessori School (K-2) and Tutor Time Child Care/Learning Center (I) and Sage Hill School (9-12).

4.11-18 City of Newport Beach General Plan Update EIR

School
High Schools
r Enrollment Numbers
Corona del Mar High
2,214
Costa Mesa High*
1,947
Estancia High*
1,402
Newport Harbor High
2,471
Orange Coast Middle College High School*
84 Middle Schools
Ensign (Horace) Intermediate 1 1,202
Tewinkle (Charles W.) Middle* 1 1,145
Elementary Schools
Adams Elementary*
549
Andersen (Roy 0.) Elementary
530
California Elementary*
382
College Park Elementary*
410
Davis Elementary*
794
Eastbluff Elementary
334
Harbor View Elementary
444
Kaiser (Heinz) Elementary*
753
Killybrooke Elementary*
457
Lincoln Elementary
637
Mariners' Elementary
686
Newport Coast Elementary
604
Newport Elementary
436
Newport Heights Elementary
611
Paularino Elementary*
326
Pomona Elementary*
465
Rea (Everett A.) Elementary*
752
Sonora Elementary*
386
Victoria Elementary*
390
Whittier Elementary*
638
Wilson Elementary*
617
Woodland Elementary*
516
Alternative and Adult Schools
Back Bay Alternative High School* 179
Monte Alternative Vista High School* 126
Newport -Mesa Alternative Adult Education Center* NIA
SOURCE (for Enrollment statistics): California Department of Education. 2005. Dataquest Website http://datal.cde.ca.gov/dataquest , accessed 18 November. * Located in Costa Mesa
City of Newport Beach General Plan Update EIR 4.11-19

Standards
Several standards are used to measure the adequacy of the educational facilities being provided for students in grades K-12. In general, school capacity, or number of students per classroom, is the primary standard by which educational facilities adequacy is measured. According to NMUSD administrators, current school capacity is adequate. Capacity at the SAUSD is currently unknown, and capacity at the LBUSD is above the current enrollment creating an excess of 394 seats in the district.

Another measure of the adequacy of educational facilities is campus size. It should be noted that no singular standard for school size exists for California educational facilities. The rule -of -thumb approach used for the past several decades recommends a minimum 10 net usable acres for elementary schools, 25 acres for middle schools and 35 to 40 acres for high schools. According to NMUSD staff, most of the elementary and high schools are near or above these standards, while both NMUSD middle schools are below the standard.

As land constraints and evolving educational needs have necessitated revisions to these standards, the California Department of Education has published The Guide to School Site Analysis and Development in order to establish a valid technique for determining acreage for new schools that permit each district to accommodate its individual conditions. The Department of Education recommends that a site utilization study be prepared for a potential site, based on these formulas.

While facility standards are used by planners, the NMUSD also uses other statistics to evaluate schools in the District. As previously mentioned, approximately 22,487 students were enrolled at the primary, secondary, and high school level for the 2004/05 school year. For the same year, the NMUSD's pupil -to - teacher ratio was 20.7. This number is below the ratio for Orange County, which maintained a ratio of

22.3. However, the pupil -to -teacher ratio was slightly higher than the State's at 20.6 pupils per teacher.

Average class size for the NMUSD was 29.5 pupils, while average class size for the County and State were 27.3 and 29.3, leaving NMUSD with 2.2 and 0.2 more students per classroom, respectively.' The SAUSD also uses other similar statistics to evaluate schools in the District. Approximately 61,693 students were enrolled at the primary, secondary, and high school level for the 2004/05 school year. For the same year, the SAUSD's pupil -to -teacher ratio was 24.7. This number is above the ratio for Orange County, which, as mentioned above, maintained a ratio of 22.3. The pupil -to -teacher ratio was also higher than that State's at 20.6 pupils per teacher. Average class size for the SAUSD was 29.3, while, as mentioned above, average class size for the County and State were 27.3 and 29.3, leaving SAUSD with 2 more students per classroom than the County standard, and the same number of students as the State standard.

In addition, the LBUSD uses various ratios to evaluate the adequacy of the schools in their District.

Approximately 2,706 students are currently enrolled in the 2005-2006 school year in all of the LBUSD schools. The total operating capacity of the school district is 3,100 students, which leaves 394 seats open 76 California Department of Education, Dataquest Website http://www.ed-data.kl2.ca.us/welcome.asp , accessed January 9, 2006.

4.11-20 City of Newport Beach General Plan Update EIR

under current enrolment. The district maintains a pupil -to -teacher ratio of 20 for Kindergarten through third grade, 30 for fourth and fifth grades, and 31.5 for sixth through twelfth grades. The average ratio for the entire district is 25.4 pupils -to -teachers. This number is slightly above the orange county pupil -to - student ratio of 22.3 and above the state pupil -to -student ratio of 20.6. The district aims to keep class size at approximately the same levels at the pupil -to -student ratio which, when the type of school and number of each type is taken into account, leaves 25.4" students in each classroom on average. This average number of students per classroom is below the county and state levels of 27.3 and 29.3, respectively.

Projected Needs
NMUSD does not currently identify any projected needs.

Planned Improvements
There is currently a Measure A Bond renovation in progress throughout the District. During construction, portable classrooms will accommodate the displaced student population. The program will modernize 28 campuses in the District, all of which are at least 25 years old and have not previously been modernized with State funds. All construction activity under the Measure A program is expected to be completed in 2006.

Regulatory Context
There are no federal, state, or local policies that are directly applicable to schools within the Planning Area.
■ Thresholds of Significance
The following thresholds of significance are based on Appendix G of the 2005 CEQA Guidelines. For purposes of this EIR, implementation of the proposed project may have a significant adverse impact on schools if it would result in any of the following:
■ Result in substantial adverse physical impacts associated with the provision of new or physically altered schools, need for new or physically altered schools, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for schools.
77 2 elementary schools @ avg. 20 per class, 1 middle school @ avg. 30 per class, and 1 high school @ avg. 31.5 per class = ((2*20)+30+31.5)/4 = 25.4 students per class average
City of Newport Beach General Plan Update EIR 4.11-21

V Project Impacts, Mitigation Measures, and Proposed Policies Effects Not Found to Be Significant
The IS/NOP prepared for the proposed project did not identify any effects not found to be significant associated with Schools. Therefore, all thresholds are addressed in this section.

Project Impacts
Threshold Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered schools, or the need for new or physically altered schools?
Impact 4.11.3-1 Implementation of the proposed General Plan Update would result in an increase in the student enrollment which could result in the need for additional staff and school facilities
The NMUSD provides school services to the City of Newport Beach as well as the City of Costa Mesa and other unincorporated areas. The Airport Area is served by the SAUSD. Currently, the NMUSD has thirty-two public schools including twenty-two elementary schools, two junior high schools, five high schools, two alternative education centers, and one adult school that provide school services to Newport residents. The SAUSD consists of fifty-six public schools including thirty-seven elementary schools, nine middle schools, six high schools, one alternative education center, two adult schools, and one community day school.

School capacity is the primary indicator of adequacy for educational facilities. According to NMUSD administrators, current school capacity is adequate to serve current levels of enrollment. Another measure of educational facilities is campus size. As described in the Existing Conditions section, the rule - of -thumb approach used for the past several decades recommends a minimum of ten net usable acres for elementary schools, 25 acres for middle schools and 35 to 40 acres for high schools. According to NMUSD staff, most of the elementary and high schools are near or above these standards, while the two middle schools are below the standard. Additionally, as previously discussed for the NMUSD, the pupil - to -teacher ratio for 2004 was below that of the County and only slightly higher than that of the State.

Average class size within the NMUSD for the same period was 20.7. This is slightly higher than both County and State average class size.78
In order to accurately define the adequacy of the LBUSD, a school capacity to enrollment comparison is made. The LBUSD is currently operating with 2,706 seats filled and an overall operating capacity of 3,100 seats. This leaves an excess of 394 seats in the District showing that the District has adequate educational facilities. In addition, as outlined in the Existing Conditions section, the LUASD is slightly 78 California Department of Education, Dataquest Website http://www.ed-data.kl2.ca.us/welcome.asp , accessed January 9, 2006.

4.11-22 City of Newport Beach General Plan Update EIR

above the pupil -to -teacher ratio for the district by approximately 3 students and above the state average by approximately 5 students.

Presently, the enrollment capacity and operating conditions of the SAUSD are unknown. Thus, this analysis presents a worst -case scenario and assumes that the District is operating either at or above enrollment capacity. In addition, as outlined in the Existing Conditions section, the SAUSD is slightly above the pupil -to -teacher ratio for the district by approximately 2 students and above the state average by approximately 4 students.

In the City, implementation of the proposed General Plan Update would result in the construction of approximately 14,215 dwelling units over existing conditions within the City . The increase in dwelling units would increase enrollment in the local schools serving Newport Beach. Using California Department of Finance population projections, and assuming that approximately 20 percent of the potential increase in population would represent children attending grades K through 12, implementation of the proposed General Plan Update would result in an enrollment increase of approximately 6,230 students (3,115 elementary school students, 1,557 students for middle schools, and 1,558 high school students) in the Planning Area.

As previously discussed, the Airport Area is served by the SAUSD. This subarea would experience an increase of 4,300 residential units over existing conditions, contributing approximately 1,883 students (out of the total anticipated increase of approximately 6,230 students, city-wide) to the Area's student population. Because the current capacity of the SAUSD is unknown, it is possible that this potential increase in students may exceed the District's capacity. Similarly, of the total increase of approximately 6,230 students within the City, it is assumed that approximately 4,347 students could attend schools within the NMUSD, which could potentially exceed the capacity of the District. However, the proposed General Plan Update has developed goals and policies to address these issues and to ensure compliance with standard levels of service.

Specifically, Policy LU 6.1.1 accommodates the provision of adequate school facilities within Newport Beach in order to serve the needs of residents, and Policy LU 6.1.2 allows for the development of new public and institutional facilities within the City provided that the use and development facilities are compatible with adjoining land uses, environmentally suitable, and can be supported by transportation and utility infrastructure. In addition, although school districts are not subject to the City's environmental review process, Policy LU 6.1.4 encourages school districts to plan their properties and design buildings at a high level of visual and architectural quality that maintains the character of the neighborhood or district in which they are located, and in consideration of the design and development policies for private uses specified by the General Plan Update.

In addition to the SAUSD and NMUSD, the LBUSD would accommodate new students located in the southeast region of the City which is within the boundaries of the LBUSD. Limited residential development is proposed within the eastern boundaries of Newport Coast, and thus, it is anticipated that implementation of the General Plan Update would result in a small enrollment increase within the LBUSD. However, LBUSD staff has indicated that the district would be able to accommodate the additional students with the remaining open seats and with the school related revenue the new residences City of Newport Beach General Plan Update EIR 4.11-23

would bring to the City of Laguna Beach. The District has been aware of the potential increase in number of students to be enrolled in the LBUSD from the aforementioned area and, additionally, expects there to be no problems with the admittance of those students into District schools.' Consequently, it is anticipated that the construction of additional schools within the LBUSD would not be necessary as a result of implementation of the General Plan Update. However, with the potential exceedence of capacity at the SAUSD and NMUSD, implementation of the proposed General Plan Update would likely require construction of new school facilities. However, adherence to the policies contained in the proposed General Plan Update, would ensure that impacts related to the provision of new educational facilities would be less than significant.

Cumulative Impacts
Since development under the proposed General Plan Update takes into account all projected future growth and development within the NMUSD service area, and the affected areas of the SAUSD, the project impact, as discussed under Impact 4.11.3-1, also analyzes cumulative impacts to schools. Based on the projected school district enrollment presented in Impact 4.11.3-1, implementation of the proposed General Plan Update would result in approximately 6,230 students within the City at buildout.

The NMUSD has acknowledged that maximum student population would increase beyond the current enrollment of 22,487 by the year 2025. For the purposes of this cumulative analysis, development within the IBC is considered. It is presently unclear how many residential units the IBC would add to the area, however, Residential development in the IBC is anticipated to substantially increase enrollment in the SAUSD. As previously discussed, residential development in the Airport Area would also contribute to increases in enrollment in the SAUSD. However, implementation of proposed General Plan Update policies (such as LU 6.1.2) would allow for the development of new public and institutional facilities within the City provided that the use and development facilities are compatible with adjoining land uses, environmentally suitable, and can be supported by transportation and utility infrastructure. In addition, as previously discussed, new school construction would be subject to project -specific environmental review.

Therefore, cumulative impacts associated with the provision of new educational facilities are considered less than significant. Additionally, the project's contribution to this impact would not be cumulatively considerable, and would be less than significant.

Proposed General Plan Update Policies
The Land Use Element of the proposed General Plan Update includes policies that would address issues related to schools. The policies that are applicable to the project are included below. 79 Jetta, Erik. LBUSD. Personal Communication. 3-15-06.

4.11-24 City of Newport Beach General Plan Update EIR

Land Use Element
Goal A living, active, and diverse environment that complements all lifestyles and enhances neighborhoods, without compromising the valued resources that make Newport Beach unique. It contains a diversity of uses that support the needs of residents, sustain and enhance the economy, provide job opportunities, serve visitors that enjoy the City's diverse recreational amenities, and protect its important environmental setting, resources, and quality of life.

Policy LU 2.1 Resident Serving Land Uses
Accommodate uses that support the needs of Newport Beach's residents including housing, retail, services, employment, recreation, education, culture, entertainment, civic engagement, and social and spiritual activity that are in balance with the community natural resources, and open spaces.

Policy LU 2.8 Adequate Infrastructure
Accommodate the types, densities, and mix of land uses that can be adequately supported by transportation and utility infrastructure (water, sewer, storm drainage, energy, and so on) and public services (schools, parks, libraries, seniors, youth, police, fire, and so on).

Goal A development pattern that retains and complements the City's residential neighborhoods, commercial and industrial districts, open spaces, and natural environment.

Policy LU 3.2 Growth and Change
Enhance existing neighborhoods, districts, and corridors, allowing for re -use and infill with uses that are complementary in type, form, scale, and character.

Changes in use and/or density/intensity should be considered only in those areas that are economically underperforming, are necessary to accommodate Newport Beach's share of projected regional population growth, improve the relationship and reduce commuting distance between home and jobs, or enhance the values that distinguish Newport Beach as a special place to live for its residents. The scale of growth and new development shall be coordinated with the provision of adequate infrastructure and public services, including standards for acceptable traffic level of service.

City of Newport Beach General Plan Update EIR 4.11-25

Goal6.1 A diversity of governmental service, institutional, educational, cultural, social, religious, and medical facilities that are available for and enhance the quality of life for residents and are located and designed to complement Newport Beach's neighborhoods.

Policy LU 6.1.1 Adequate Community Supporting Uses
Accommodate schools, government administrative and operational facilities, fire stations and police facilities, religious facilities, schools, cultural facilities, museums, interpretative centers, and hospitals to serve the needs of Newport Beach's residents and businesses.

LU 6.1.2 Siting of New Development
Allow for the development of new public and institutional facilities within the City provided that the use and development facilities are compatible with adjoining land uses, environmentally suitable, and can be supported by transportation and utility infrastructure.

LU 6.1.4 Compatibility of Non -City Public Uses
Encourage school and utility districts and other government agencies that may be exempt from City land use control and approval to plan their properties and design buildings at a high level of visual and architectural quality that maintains the character of the neighborhood or district in which they are located and in consideration of the design and development policies for private uses specified by this Plan.

Mitigation Measures
No mitigation measures are required.

Level of Significance After Policies/Mitigation Measures The proposed General Plan Update policies ensure that impacts to schools would remain less than significant.

4.11.4 Libraries
R Existing Conditions
The Newport Beach Public Library (NBPL) provides library services and resources to the City of Newport Beach.

4.11-26 City of Newport Beach General Plan Update EIR

Library Facilities
NBPL consists of a Central Library and three branch library facilities located throughout the City. The Central Library, which occupies four acres on Avocado Avenue near Newport Center, is a 15,305 square foot building that serves as a school library as well as a public library. The replacement Mariners' Library branch, located at 2005 Dover Drive, will be open in 2006. The NBPL system is currently staffed by approximately 90 employees. Table 4.11-7 lists the names and locations of the NBPL library facilities.

Name
Location
Date of Construction Sae 1f
Central Library
1000 Avocado Avenue
1994 54,000
Mariners' Library
2005 Dover Drive
2006 15,305
Balboa Branch Library
100 East Balboa Boulevard
1925 (remodeled in 1960 6,000
Corona Del Mar Branch Library
420 Marigold Avenue
1959 (remodeled in 1988) 3,795
SOURCE: Katsouleas, Linda. Memo to EIP dated 6 January 2006.

The four libraries serve 84,098 active borrowers. The system circulates 1,475,025 items annually and over 885,852 people visit the libraries in the NBPL system. Libraries have changed rapidly due to the transition to electronic documents over the past 15 years. While circulation of books and other physical items within the NBPL system continues to grow at an annual rate of three to seven percent, remote access (via the internet) to library resources has increased at an annual rate of twenty percent. Many resources are available through specialized databases licensed to NBPL, and with a library account, can be accessed from remote locations 24 hours a day. Librarians now provide information retrieval guidance and training to customers and students both on and off site. Use of remote access to library databases appears to be especially prevalent with Newport Coast residents.

Projected Needs
Typically, libraries assess their needs on a ratio of volumes per measure of population. However, as acknowledged by NBPL, the recent changes in the type of resources used at NBPL facilities (hardcopies vs. electronic documents) have made it increasingly difficult to predict the type and amount of resources required to adequately serve the local population.

The NBPL has indicated that within the next 20 years, the changing role of libraries in Newport Beach will need to be addressed with remodeling, expansion of existing buildings, and the possible construction of a new library branch. The Central Library Children's Department may need to be expanded to accommodate the increasing child population in the community. According to the NBPL, this expansion would need to be based on a flexible plan which could be adjusted to accommodate a potential rapid change in demographics. The NBPL also anticipates that the Balboa Branch of the library may need to be expanded, remodeled, or rebuilt.

City of Newport Beach General Plan Update EIR 4.11-27

Planned Improvements
According to NBPL, a new facility (of a minimum size of 15,000 square feet with adequate parking) may be required as the City's population continues to grow. In the near future, the NBPL will focus on refining existing services and remodeling existing facilities rather than a increasing the number of facilities. There are no immediate plans for significant expansion of NBPL facilities. ■ Thresholds of Significance
The following thresholds of significance are based on Appendix G of the 2005 CEQA Guidelines. For purposes of this EIR, implementation of the proposed project may have a significant adverse impact on libraries if it would result in any of the following:
■ Result in substantial adverse environmental impacts associated with the provision of new or physically altered libraries, the need for new or physically altered libraries, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios or other performance objectives for libraries.

Project Impacts, Mitigation Measures, and Proposed Policies Effects Not Found to Be Significant
The IS/NOP prepared for the proposed project did not identify any effects not found to be significant associated with Libraries. Therefore, all thresholds are addressed in this section.

Project Impacts
Threshold Would the project result in substantial adverse environmental impacts associated with the provision of new or physically altered libraries, or the need for new or physically altered libraries?
Impact 4.11.4-1 Implementation of the proposed General Plan Update could result in the need for additional library facilities in order to maintain acceptable service ratios.

Upon full buildout of the proposed General Plan Update, the population in the Planning Area would increase by 31,131. This increase in residents would increase the demand for library services and facilities.

Policy LU 2.8 of the proposed General Plan Update would help ensure that adequate library facilities are provided to the City's residents and that public services can adequately support new development.

However, as stated previously, due to the growing need for electronic resources, former service standards (e.g., a certain number of volumes per thousand residents) are no longer appropriate when assessing the needs of the NBPL. Therefore, increased development in the City does not necessarily immediately equate to an increase in total volumes or square feet of library space. However, through compliance with policies contained in the proposed General Plan Update, it is anticipated that any future identified need would be adequately met. Any development associated with new library facilities would be subject to

4.11-28 City of Newport Beach General Plan Update EIR

project -specific environmental review. As such, impacts associated with library services would be less than significant.

Cumulative Impacts
As the NBPL serves the entire City and the proposed General Plan Update is confined to the limits of the City, the geographic context for the analysis of cumulative impacts associated with library services would be the capacity of the NBPL. Since development under the proposed General Plan Update takes into account all projected future growth and development within the City, the project impact, as discussed under Impact 4.11.4-1, also analyzes cumulative impacts with regard to the NBPL. Therefore, as discussed in Impact 4.11.4-1, with implementation of the proposed General Plan Update policies, adequate library services would be provided and project impacts would be less than significant. As such, this cumulative impact would also be less than significant.

Proposed General Plan Update Policies
The Land Use Element of the proposed General Plan Update includes policies that would address issues related library services. The policies that are applicable to the project are included below.

Land Use Element
Goal A living, active, and diverse environment that complements all lifestyles and enhances neighborhoods, without compromising the valued resources that make Newport Beach unique. It contains a diversity of uses that support the needs of residents, sustain and enhance the economy, provide job opportunities, serve visitors that enjoy the City's diverse recreational amenities, and protect its important environmental setting, resources, and quality of life.

Policy LU 2.1 Resident Serving Land Uses
Accommodate uses that support the needs of Newport Beach's residents including housing, retail, services, employment, recreation, education, culture, entertainment, civic engagement, and social and spiritual activity that are in balance with the community natural resources, and open spaces.

Policy LU 2.8 Adequate Infrastructure
Accommodate the types, densities, and mix of land uses that can be adequately supported by transportation and utility infrastructure (water, sewer, storm drainage, energy, and so on) and public services (schools, parks, libraries, seniors, youth, police, fire, and so on).

City of Newport Beach General Plan Update EIR 4.11-29

Goal A development pattern that retains and complements the City's residential neighborhoods, commercial and industrial districts, open spaces, and natural environment.

Policy LU 3.2 Growth and Change
Enhance existing neighborhoods, districts, and corridors, allowing for re -use and infill with uses that are complementary in type, form, scale, and character.

Changes in use and/or density/intensity should be considered only in those areas that are economically underperforming, are necessary to accommodate Newport Beach's share of projected regional population growth, improve the relationship and reduce commuting distance between home and jobs, or enhance the values that distinguish Newport Beach as a special place to live for its residents. The scale of growth and new development shall be coordinated with the provision of adequate infrastructure and public services, including standards for acceptable traffic level of service.

Goal6.1 A diversity of governmental service, institutional, educational, cultural, social, religious, and medical facilities that are available for and enhance the quality of life for residents and are located and designed to complement Newport Beach's neighborhoods.

Policy LU 6.1.1 Adequate Community Supporting Uses
Accommodate schools, government administrative and operational facilities, fire stations and police facilities, religious facilities, schools, cultural facilities, museums, interpretative centers, and hospitals to serve the needs of Newport Beach's residents and businesses.

Goal6.2 Residential neighborhoods that contain a diversity of housing types and supporting uses to meet the needs of Newport Beach's residents and are designed to sustain livability and a high quality of life.

Policy LU 6.2.5 Neighborhood Supporting Uses
Allow for the integration of uses within residential neighborhoods that support and are complementary to their primary function as a living environment such as schools, parks, community meeting facilities, religious facilities, and comparable uses. These uses shall be designed to assure compatibility with adjoining residential addressing such issues as noise, lighting, and parking. ■ Impacts and Mitigation Measures
No mitigation measures are necessary, as the proposed General Plan Update policies fully mitigate the impacts.

4.11-30 City of Newport Beach General Plan Update EIR

Level of Significance After Policies/Mitigation Measures The proposed General Plan Update policies ensure that impacts to libraries would remain less than significant.

4.11.5 References
California Department of Education. 2005. Dataquest Website http://datal.cde.ca.gov/dataquest , accessed November 18.
2006. Ed Data Website http://www.ed-data.kl2.ca.us/welcome.asp , accessed January 9.

California Department of Finance. 2005. Demographic Research Unit, Table E-5, http://www.dof.ca.gov/HTML/DEMOGRAP/E-5a.xls , Accessed December 5.

EIP Associates. 2004. General Plan Update Technical Background Report.

Newport Beach Fire Department (NBFD). 2005. Personal communication from Steve Bunting, Fire Marshal. 18 November.
2005. Written communication from Steve Bunting, Fire Marshal. 22 November. 2005. 31 October.

Newport Beach Police Department (NBPD). 2005. Written communication from Todd Hughes, Environmental Services Coordinator. November 7,.
2005. www.nbpd.org/crime_statistics/2004_particrimes.asp , Accessed November 8, 2005.

Newport Beach Public Library. 2006. Written communication from Linda Katsouleas, Director of Library Services. 6 January.

Riley, Tim. NBFD. 2005. Memo to Jean Ferrel, Metro Cities Fire Manager, January 2.

City of Newport Beach General Plan Update EIR 4.11-31

4.12 RECREATION AND OPEN SPACE

4.12.1 Introduction
This section evaluates the impacts of the proposed General Plan Update associated with recreation and open space within the City of Newport Beach. Existing data sources used to prepare this section were taken from EIP Associates, Technical Background Report 2004, and EIP Associates, General Plan Update Recreation Element 2005.

During the Initial Study process, it was determined that the proposed project would potentially cause impacts associated with substantial physical deterioration of recreational facilities and physical adverse effects on the environmental resulting from expansion or construction or recreational facilities. In addition, the Initial Study determined that the proposed project would potentially cause impacts related to the construction or expansion of facilities in order to maintain acceptable service ratios, response times or other performance objectives. This impact, although included in the public services section in Appendix G of the CEQA Guidelines, is analyzed in this section of the EIR. Full bibliographic entries for all reference materials are provided in Section 4.12.6 (References) of this section.

Two comment letters associated with recreation and open space were received in response to the (IS/NOP) circulated for the proposed General Plan Update. A Newport Beach resident requested that the DEIR include an analysis of the proposed project's adherence to regulations imposed by the Quimby Act. Another comment letter requested that the DEIR contain a discussion of the amount of park and open space that will be provided within the boundaries of the Banning Ranch subarea. Section 4.12.5 provides such analyses.

4.12.2 Existing Conditions
Parklands and recreational facilities are important land use components in an urban environment, providing both visual relief from the built environment and contributing to residents' quality of life through recreation and aesthetic value.
■ Parks and Recreational Facilities
The City has approximately 286 acres of developed parks and approximately 90 acres of active beach recreation acreage, for a total of 376.8 acres.80 Newport Beach's parklands range in size from mini -parks such as the Lower Bay Park (0.1 acre) to the 47.6-acre Bonita Canyon Sports Park. School facilities also provide indoor and outdoor recreational opportunities in the City, while greenbelts and open space areas 80 The term "Active recreation" is used throughout this document and refers to an area or activity that requires the use of organized play areas including, but not limited to, softball, baseball, football, and soccer fields; tennis and basketball courts; and various forms of children's play equipment. "Passive recreation," conversely, typically does not require the use of organized play areas. Passive recreation areas are often open space areas, which can include "pocket" parks, trails, and other unimproved lands.

City of Newport Beach General Plan Update EIR 4.12-1

provide passive recreational opportunities or open space relief. These park and recreation facilities are described below. Additionally, bikeways, jogging trails, pedestrian trails, recreation trails, and regional equestrian trails are also available in Newport Beach.

Park Types
Community Park. Community parks serve the entire City and are easily accessible via arterial roads.

Community parks are those with improvements such as community buildings, parking, swimming, facilities for picnicking, active sports, and other facilities that serve a larger population. Community Parks may have a particular theme or orientation such as active sports or aquatic facilities.

Mira Park. Mini parks are smaller parks which may take one of two different forms. Most mini parks are less than one acre in size, serve a quarter -mile radius and are located within a neighborhood, separate from major or collector roads. Some mini parks serve the entire City and are located as urban trail heads along major trails or streets.

Neighborhood Park. Neighborhood parks serve all ages and are generally one to eight acres in size.

They are located adjacent to public schools when possible. Neighborhood parks contain a wide variety of improvements which can include turf areas, active sport fields and courts, community buildings, play apparatus and picnic facilities. Other improvements might include senior centers, youth centers, and aquatic facilities.

View Park. View parks are smaller passive parks designed to take advantage of a significant view. They are often located on coastal bluffs to focus upon ocean or bay views. Most view parks are between one- half to three acres in size and serve the entire City. View parks are generally improved with landscaping, walkways and benches.

Greenbelt. Greenbelts in public or private ownership are included in this category. They may include areas with some recreational facilities, although the primary function of the area is passive open space.

Open Space. Open space includes passive and active open space areas which do not function as public parks but do provide open space relief. Such areas may or may not be accessible to the general public.

Public Beach. Public beaches serve a number of local and regional functions. In some neighborhoods, beaches function as neighborhood or community parks. Easy accessibility, lack of entrance fees, and a lack of other available parks has contributed to this function. Public beaches all include sandy beach areas adjacent to the bay or ocean and may include active sports, snack bars, showers, drinking fountains, restrooms, walkways, docks, benches, shade trees, and parking areas. From observation, it has been determined that active beach recreation takes place within about 100 feet of the water's edge. Therefore, this Element treats this seaward 100 feet of the public beaches in the City as active recreation acreage.

School. Public schools are a part of the recreation system in the City because field and playground areas can serve the general public during weekends and after school.

4.12-2 City of Newport Beach General Plan Update EIR

Parks
According to Section 19.52.040 (Parkland Standard) of the City's Municipal Code, the City's parkland standard is five acres per 1,000 residents. As of June 2005, it is estimated that a total of 415.6 acres of parklands are needed within the City to accommodate the current population of 83,120 residents (utilizing the City standard of five acres per 1,000 population). As shown in Table 4.12-1, below, there are an existing total of 286.4 acres of parks and 90.4 acres of active beach recreation within Newport Beach with a combined total of 376.8 acres. Thus, this represents a total deficit of 38.8 acres of combined park and beach acreage citywide.

Exisfina Park Acreaae: June 2005
Service Area
Park Acres
Needed
Park Acres
Existing
Active Beach
Recreation Acreage
Combined Park/
Beach Acreage
Deficit (-)
Excess +

1. West Newport

64.7 9.1
34 43.1
-21.6

2. Balboa Peninsula

25.5 6.5
44 50.5
+25.0

3. Newport Heights/Upper Bay

64.3 50.2
0 50.2
-14.1

4. Santa Ana Heights

3.2 6.8
0 6.8
+3.6

5. Lower Bay

17.3 0.1
0 0.1
-17.2

6. Balboa Island

17.9 0.3
1 1.3
-16.6

7. Eastbluff

31.3 71.0
0 71.0
+39.7

8. Big Canyon

13.9 0
0 0
-13.9

9. Newport Center

10.9 19
0 19
+8.1

10. Corona del Mar

44.4 23.9

11.4 35.3
-9.1

11. Harbor View

72.2 99.5
0 99.5
+27.3

12. Newport Coast*
50 58.1*
0 -50
Totals
415.6-
286.4

90.4 n
376.8
-38.8**
* Newport Coast Private Park Area is 58.1 ac. Newport Coast parks use and maintenance are subject to the terms of the Pre - Annexation Agreement.
**Deficit/excess acreage if no additional parks are built. a 83,120 x 5 ac. per thousand = 415.6 ac.
b Includes beach area where active recreation takes place (i.e., typically within 100 feet of the water). In addition, there are 174 acres of passive beach open space, 136 acres of open space land in the Upper Bay Ecological reserve, and an undetermined amount of water open space in the Upper Bay and Newport Harbor.

The acreages are presented by service area, a designation created by the City for ease of park planning, overall operations, and parkland maintenance. These divisions also allow equitable administration of parkland dedications and fees provided by residential development. Seven of the 12 service areas are experiencing a deficit in this combined recreation acreage. Three planned parks in West Newport, Newport Center, and Newport Coast would help alleviate the citywide park deficit. In addition to a deficit in combined park and beach recreation acreage, there is also an overall shortage in active playfields throughout Newport Beach. Many of the service areas within the City, as discussed in greater detail below, may have a park surplus but are still experiencing a deficit in active playfields. Also, it is difficult to provide playfields because of the large amount of land required for sports fields, the lack of suitable City of Newport Beach General Plan Update EIR 4.12-3

vacant land, and the high cost of such land within the City. Existing parks are illustrated on Figure 4.12-1, proposed parks and the City's service areas are displayed on Figure 4.12-2.

Circulation and Improvement and Open Space Agreement
Some of the City's parks and open space areas consist of dedicated lands through the Circulation and Improvement and Open Space Agreement (CIOSA). This agreement is between the City of Newport Beach and The Irvine Company, and has allowed building entitlements for The Irvine Company in exchange for payments for circulation projects, an interest free loan, and land for open space and potential senior housing sites for the City. The amount of open space land dedication was substantially more than what would have been required under the City's Park Dedication Ordinance.

Six sites have been dedicated under CIOSA in Newport Beach, and include: Back Bay View Park, Newport Center Park (formerly Newport Village), Newporter Knoll, Freeway Reservation, Upper Castaways, and Harbor Cove. Another site, located at Jamboree Road and MacArthur Boulevard, has been offered for dedication and will be dedicated upon issuance of a Certificate of Occupancy for final CIOSA project.

Recreational Facilities
The City's parks contain a variety of recreational facilities, with areas available for organized sports including soccer fields, baseball diamonds, tennis courts, volleyball courts, and basketball courts.

Recreational opportunities exist for children in many of the play areas in the City's parks. Biking and walking trails are also popular recreational amenities. Swimming pools are available to the public at aquatic facilities at the Marian Bergeson Aquatic Center and Newport Harbor High School through joint use agreements with the Newport -Mesa Unified School District. Additional recreational resources in the City include three community centers, several multipurpose recreation centers, a senior center, and two gymnasium facilities. Locations of these recreational facilities are also shown on Figure 4.12-1. Private facilities, including yacht clubs, golf courses, and country clubs are also facilities that serve residents of Newport Beach.

Sharing of Parks and Recreation Facilities
Public schools within the City under the jurisdiction of the Newport -Mesa Unified School District contain a number of important recreation facilities. Currently, after -school recreational use of these facilities is utilized by youth and adult residents through joint use agreements between the school district and the City.

4.12-4 City of Newport Beach General Plan Update EIR

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■ Marine Recreation and Facilities
Throughout its history, Newport Beach has been a major marine recreational center. There are over eight miles of sandy beaches that provide opportunities for sunbathing, volleyball, swimming, surfing, windsurfing and other recreational activities. Newport Bay and Harbor are used for a wide variety of recreational activities, including boating, diving, excursions, fishing, kayaking, paddle boarding, parasailing, rowing, sailing, swimming, and windsurfing.

Coastal Recreation Opportunities
As previously discussed, public beaches serve a number of local and regional functions, while providing the largest coastal recreation opportunity within Newport Beach. Public beaches all include sandy beach areas adjacent to the bay or ocean and may include active sports, snack bars, showers, drinking fountains, restrooms, walkways, docks, benches, shade trees and parking areas. Public beaches are shown in Figure 4-12-1.

Other coastal recreation opportunities include two recreational piers, provided by the City. The 800-foot Newport Pier is located at the end of Newport Boulevard (McFadden Place) in McFadden Square. The 950-foot Balboa Pier is located at the end of Main Street in Balboa Village.

Additionally, the City provides ten public docks in the harbor, which can be used for boat launching and fishing. The Newport Aquatic Center property is also co -owned by the City and County, but is leased and privately operated by the Center. Located on Northstar Beach, the Newport Aquatic Center provides an opportunity for the public and members to kayak and canoe in Upper Newport Bay as well as advanced training facilities for world -class athletes.

The County and the State own four recreational areas in Newport Beach, as shown in Figure 4.12-1. The privately operated 100-acre Newport Dunes Aquatic Park provides opportunities for camping, boating, canoeing, kayaking, swimming and other water and beach activities. The 752-acre Upper Newport Bay State Marine Park (formerly Ecological Reserve) and 140-acre Upper Newport Bay Nature Preserve provide opportunities for canoeing, kayaking, horseback riding, biking, and hiking. Lastly, Crystal Cove State Park also provides coastal recreation opportunities with 3.5 miles of beach and 2,000 acres of undeveloped woodland which is popular for biking, hiking, and horseback riding. Approximately 240 acres is located within the City. The offshore waters are designated as an underwater park. The beach is popular with swimmers and surfers. Visitors can explore tidepools and sandy coves.

Commercial areas adjacent to beaches and the bay play an important role in providing and enhancing recreational activities. A large number of businesses provide recreational services to residents and visitors that include charter, entertainment and excursion vessels, sports equipment rentals, launching facilities, amusement facilities, and shops and restaurants.

City of Newport Beach General Plan Update EIR 4.12-9

Shoreline Access
The public's right to access recreational features such as the Pacific Ocean beaches, Lower Newport Bay/Harbor, and Upper Newport Bay are important. According to the City's Coastal Land Use Plan, there are two basic types of public access: vertical access (access to the shoreline), and lateral access (access along the shoreline). Newport Beach has developed an extensive system of access to ocean beaches and the bay. Virtually all of the Pacific Ocean shoreline beaches are public and the bay is accessible via public beaches, parks, street ends, shoreline trails, walkways, and boardwalks. ■ Parkland Needs by Service Areas
Although the City of Newport Beach appears largely built out, there are a number of vacant parcels available for future development. The proposed General Plan Update Land Use Element projects additional population increases through infill development, intensification of existing uses, and annexations. Therefore, in addition to any unmet park and recreation needs of the present population, the demand for recreation facilities will grow. In addition, the Land Use Element allows for higher density development within the City, where opportunities for different types of park and recreational facilities may arise. Specific service area needs for parks and recreational facilities, as well as marine recreation and facilities, are described below.

Park Surplus
Two of the 12 service areas within the City, Newport Center and Harbor View, have no identified park and recreation needs, as discussed below.

Service Area 9—Newport Center. There is park surplus within this service area. The Back Bay View Park was completed in the summer of 2005, and a new passive park, Newport Center Park, is planned for development sometime after 2006.

Service Area 11—Harbor View. There is a surplus in park area, and the Harbor View service area contains substantial active and passive recreation facilities within this service area.

Park Needs
Service Area 1—West Newport. Most of West Newport's recreation land is in beaches. There is a deficit of 21.6 acres, and a need for sports fields within a new community or neighborhood -level park.

There is a future park site identified in this service area, Sunset Ridge Park, which is designated as an active park to include ball fields, picnic areas, a playground, parking, and restrooms. Additionally, an active community park (possibly lighted) is planned in Banning Ranch, regardless of the ultimate development of the site, to accommodate the service area and Citywide needs for active sports fields.

Service Area 2—Balboa Peninsula. Like West Newport, most of the peninsula's recreation area is in beaches. This area has little vacant land for development and the population is expected to remain stable.

Although there is currently a surplus in park acreage, any future park needs can be satisfied via the

4.12-10 City of Newport Beach General Plan Update EIR

renovation and upgrading of facilities, such as those at Las Arenas Park and Peninsula Park. Additional active park facilities are desirable, along with support facilities such as restrooms, showers and drinking fountains. There is also a need for additional boat launching and mooring facilities, as well as pedestrian pathways to and along the Bay.

Service Area 3—Newport Heights/Harbor Highlands. This area is largely built out and contains several important park and recreation facilities. Substantial school recreation facilities, including Newport Harbor High School, Ensign Junior High, Mariners Elementary, and Newport Heights Elementary, compensate for the deficiency in total park area.

Service Area 4—Santa Ana Heights/Airport Commercial. There is currently a park surplus, and the present two -acre Bayview Park and the proximity of the Upper Bay recreation area provide substantial recreational opportunities for this area. There is also a planned pocket park and the City is planning a joint use community center project with the YMCA. However, this service area is experiencing a shortfall in active playfields. In addition, the population within this service area is expected to increase under the proposed General Plan Update. Future development, however, will be subject to special provisions that require the provision of on -site recreational amenities, and dedication of land or payment of in -lieu fees.

Currently, there is no open space available to develop an active park in this area.

Service Area 5—Lower Bay. This area contains Lido Isle and the Bayside Drive area and is largely built out. Although there is a deficiency in park area, the service area has substantial private recreational and boating facilities. It is also adjacent to Area 3 (Newport Heights) where there are extensive recreational facilities. Because of these factors and the fact there is little or no vacant land suitable for park use, the provision of additional parkland is probably not feasible in this area.

Service Area 6—Balboa Island. This area is similar, in terms of recreation needs and conditions with a deficiency in park area, to Area 5 above. However, Balboa Island contains more public recreational facilities in the form of public beach area, the Carroll Beek Community Center, and Balboa Island Park (a mini park). The acquisition of additional parkland is probably not feasible in this area.

Service Area 7—Eastbluff/North Ford. Although there is a numerical excess of existing parkland in this area, most of the land is limited to passive use, such as Big Canyon Park. Additional sports fields and other active facilities will be needed to satisfy the recreational demands from new development.

However, this Service Area is adjacent to Service Area 11 Harbor View, which contains the 47.6 acre sports park in Bonita Canyon that is available to all Newport Beach residents.

Service Area 8—Big Canyon/Belcourt. Although there are substantial private facilities, there are no public recreation facilities in this area; thus, there is park deficiency. However, this service area is adjacent to service area 11 Harbor View, which contains the 47.6 acre Bonita Canyon Sports Park that is available to all Newport Beach residents.

Service Area 10—Corona del Mar. Although there is a deficiency in park area, existing active and passive facilities should meet present and future need, provided these facilities are renovated and upgraded to meet demand for sports fields and active recreation.

City of Newport Beach General Plan Update EIR 4.12-11

Service Area 12—Newport Coast. This area is deficient in public facilities, but exceeds the City park ratio standard if its extensive private facilities are included. Currently, there is one public park planned for development in the future at the end of Ridge Road, and a neighborhood community center that will include meeting and activity rooms and a gymnasium. The remaining parks in the service area are operated and maintained pursuant to the Pre -Annexation Agreement, which requires that the City lease back public open space areas and parks to one or more of the homeowners associations in the service area. The City's Recreation Department has not been permitted to offer programs at the privately - operated parks.

4.12.3 Regulatory Setting
Federal Regulations
There are no Federal regulations applicable to parkland or recreational facilities. ■ State Regulations
Quimby Act
The Quimby Act was established by the California legislature in 1965 to provide parks for the growing communities in California. The Act authorizes cities to adopt ordinances addressing park land and/or fees for residential subdivisions for the purpose of providing and preserving open space and recreational facilities and improvements. The Act requires the provision of three acres of park area per 1,000 persons residing within a subdivision, unless the amount of existing neighborhood and community park area exceeds that limit, in which case the City may adopt a higher standard not to exceed five acres per 1,000 residents. The Act also specifies acceptable uses and expenditures of such funds.

State Public Park Preservation Act
The primary instrument for protecting and preserving parkland is the State Public Park Preservation Act.

Under the Public Resource Code, cities and counties may not acquire any real property that is in use as a public park for any non -park use unless compensation or land, or both, are provided to replace the parkland acquired. This provides no net loss of parkland and facilities.

State Street and Highway Code
The State Street and Highway Code assists in providing equestrian and hiking trails within the right-of- way of County roads, streets, and highways.

4.12-12 City of Newport Beach General Plan Update EIR

Local Regulations
City of Newport Beach Park Dedication Ordinance
Parkland dedication standards associated with the Quimby Act and the Newport Beach Subdivision Code are applicable to development in the City. Chapter 19.52, Park Dedication and Fees of the City's Municipal Code provides for the dedication of land, the payment of fees in lieu thereof or a combination of both, for park or recreational purposes in conjunction with the approval of residential development.

Newport Beach's park dedication requirement is five acres per 1,000 persons. In -lieu fees are placed in a fund earmarked for the provision or rehabilitation of park and recreation facilities that can serve the subdivision. The park dedication ordinance also provides for credit to be given, at the discretion of the City Council, for the provision of private recreation facilities within a new residential development or for the provision of park and recreation improvements to land dedicated for a public park. If allowed, the private facilities or public improvements are credited against the dedication of land and/or the payment of in -lieu fees. The ordinance is not applicable to non-residential subdivisions.

City of Newport Beach Circulation Improvement and Open Space Agreement
Another important agreement that contributes to the City's development and acquisition of parkland and open space areas is the CIOSA, an agreement with the Irvine Company. In exchange for various building entitlements, the City of Newport Beach receives pre -payment of required "fair -share" road improvement fees, a commitment to construct road improvements adjacent to the proposed projects, an interest free loan, and land for recreation and open space areas and potential senior housing sites.

4.12.4 Thresholds of Significance
The following thresholds of significance are based on Appendix G of the 2005 CEQA Guidelines. For purposes of this EIR, implementation of the proposed project may have a significant adverse impact on parks and recreational facilities if it would result in any of the following:
■ Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated ■ Include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment ■ Result in substantial adverse physical impacts associated with the provision of new or physically altered government services, need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios or other performance objectives for parks City of Newport Beach General Plan Update EIR 4.12-13

4.12.5 Project Impacts, Mitigation Measures, and Proposed Policies
Effects Not Found to Be Significant
The IS/NOP prepared for the proposed project did not identify any effects not found to be significant associated with recreation and open space. Therefore, all thresholds are addressed in this section. ■ Project Impacts
Threshold Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated?
Impact 4.12-1 Implementation of the proposed General Plan Update could result in increased use of existing parks or recreational facilities that could accelerate physical deterioration of those facilities.

As discussed previously, there is currently a deficit of approximately 38.8 acres of combined park and beach acreage citywide, with seven of the 12 service areas experiencing a deficit in this combined recreation acreage. An increase in population resulting from implementation of the proposed General Plan Update may place a higher demand on these facilities such that deterioration of these facilities could be accelerated. The proposed General Plan Update does propose the construction and expansion of park and recreational facilities in the future; however, it is possible that the pace of development for these new parkland and recreational facilities may not be the same as rate of population growth in the City. Thus, the possibility exists for the accelerated deterioration of existing recreational facilities due to increased demand and use.

However, the proposed General Plan Update simultaneously provides goals and associated policies to address these potential issues. For example, Goal R 2 requires the maintenance and preservation of existing parks and recreation facilities. Among the policies designated to accomplish this goal is Policy R

2.1, which promotes the use of funding from the City's Park Dedication Fee Ordinance to enhance existing parks and recreation facilities. Policy R 2.2 contributes to this goal by protecting public parkland from non -recreational uses, requiring that any loss of parkland through governmental action be replaced in -kind.

In addition, Goal R 1 strives to provide adequate park and recreational facilities that meet the recreational needs of existing and new residents of the community. Among the policies identified to achieve this goal include Policy R 1.1, which requires future development to dedicate land or pay in -lieu fees at a minimum of five acres of parkland per 1,000 residents (per existing City code). In addition, Policy R 1.4 requires the park fee assessed to new residential development to be updated regularly, and Policy R 1.5 considers development of incentives for private development to provide usable open space.

Developers of new high -density residential developments on parcels eight acres or larger are required to provide on -site recreational amenities, as required under Policy R 1.3. Policy R 1.10 provides additional

4.12-14 City of Newport Beach General Plan Update EIR

park and recreational facilities that meet the needs as identified by direct feedback from residents, analysis of future trends, and through observations by Recreation and Senior Services staff.

The construction and enhancement of park and recreational facilities and implementation of the goals and policies proposed in the General Plan would ensure that increased demand and use resulting from an increase in citywide population would not significantly accelerate the deterioration of existing recreational facilities. This impact would be less than significant.

Impacts to the Airport Area
Although impacts related to physical deterioration of recreational facilities are considered less than significant for the majority of the Planning Area, there is a greater possibility for impacts to occur in Airport Area. Currently, the Airport Area has no residential units. The proposed General Plan Update could add 4,300 multi -family residential units to this area. Because no residential development exists in this area today, there are no existing park facilities. New residents would most likely use the 47.6-acre Bonita Canyon Sports Park, which is open to all City residents. However, this park is already being fully utilized, and the increased usage resulting from the increase in population could contribute to this facility's physical deterioration. Policy LU 6.15.15 of the proposed General Plan Update requires residential developers to dedicate and develop a neighborhood park of at least eight percent of gross land area, with a minimum size of one acre, in the first phase of development in each residential neighborhood. This is in addition to the private recreational facilities required in proposed General Plan Update Policy R 1.3. The recreational facilities provided by these policies would be at the neighborhood level, and there is the potential for additional use and deterioration of existing sports fields at Bonita Creek and Bonita Canyon Sports Park. However, the policies under Goal R 2 of the proposed General Plan Update would help ensure that existing parks and recreation facilities are maintained and preserved.

Implementation of Policy R 2.1 would maintain existing facilities, thereby reducing impacts related to deterioration, by using funding from the City's Park Dedication Fee Ordinance to enhance existing parks and facilities such as Bonita Canyon Sports Park. With implementation of Policy R 2.1, impacts related to deterioration of parks and recreation facilities in the Airport Area would be less than significant.

Threshold Would the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment?
and
Would the project result in substantial adverse physical impacts associated with the provision of new pr physically altered government services, need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios or other performance objectives for parks?
City of Newport Beach General Plan Update EIR 4.12-15

Impact 4.12-2 Implementation of the proposed General Plan Update could include new parks and recreational facilities to maintain acceptable service ratios. The proposed project could result in adverse physical impacts associated with the provision of these facilities.

Implementation of the proposed General Plan Update would entail both construction and expansion of parks and recreational facilities to suit the needs of current and future City residents. The proposed General Plan Update could result in population increases through infill development and intensification of existing uses. Therefore, in addition to any unmet park and recreation needs of the present population, the demand for recreation facilities will grow. In addition, the proposed General Plan Update allows for higher density development within the City, where opportunities for different types of park and recreational facilities may arise.

As stated previously, as of June 2005, it was estimated that a total of 415.6 acres of parkland were needed within the City to accommodate the current population of 83,120 residents (utilizing the City standard of five acres per 1,000 population). With approximately 376.8 acres of existing parkland (including active beach recreation areas), there was a total deficit of approximately 38.8 acres of combined park and beach acreage citywide. Policy R 1.10 in the proposed Recreation Element includes three planned parks in West Newport, Newport Center, and Newport Coast, a planned pocket park and a potential park site in Santa Ana Heights, would help alleviate this deficit, but there are also existing shortfalls of specific recreational facilities including, but not limited to, active playfields, indoor sports facilities, community pool facilities, and boating facilities.

The proposed General Plan Update strives to alleviate these park and recreational deficits through the goals and policies identified within the Recreation Element. For example, Policy R 1.1 requires future development to maintain the City standard by dedicating land or paying in -lieu fees at a minimum of five acres of parkland per 1,000, and Policy R 1.4 requires the park fee assessed to new residential development to be updated on a regular basis. Policy R 1.5 considers the possibility of incentives for private commercial and office development to provide usable open space such as rooftop courts, pocket parks, public plazas, jogging trails, and pedestrian trails. In addition, Policy R 1.10 would provide additional park and recreation facilities that meet the needs as identified by direct feedback from residents, analysis of future trends, and through observations by Recreation and Senior Services staff.

Future development under the proposed General Plan Update could also include a relatively new land use within the City —high density residential. This new type of land use may include non-traditional types of recreational facilities. Policy R1.3 would require developers of new high -density residential developments on parcels eight acres or larger, to provide on -site recreational amenities. For these developments, 44 square feet of on -site recreational amenities shall be provided for each dwelling unit in addition to the requirements under the City's Park Dedication Ordinance. On -site recreational amenities can consist of public urban plazas or squares where there is the capability for recreation and outdoor activity. These recreational amenities can also include swimming pools, exercise facilities, tennis courts, and basketball courts. Where there is insufficient land to provide on -site recreational amenities, the developer shall be required to pay the City of Newport Beach cash in -lieu that would be used to develop or upgrade nearby recreation facilities to offset user demand as defined in the City's Park Dedication Fee

4.12-16 City of Newport Beach General Plan Update EIR

Ordinance. Thus, implementation of Policy R 1.3, coupled with the City's park dedication fee, would provide adequate park and recreational facilities to serve the proposed new land use. Adherence to these policies contained in the proposed General Plan Update would ensure that acceptable parkland ratios are maintained.

Development of the facilities to maintain this ratio could result in adverse physical impacts to the environment. For example, while the Sunset Ridge and Santa Ana Heights park sites are disturbed, and are not likely to contain sensitive resources, there could be lighting and glare impacts if Sunset Ridge is developed with lighted fields. The Newport Center, Newport Coast and Banning Ranch park locations have not experienced development or much disturbance, and aesthetic, biological, or hydrology impacts could occur from their development as parks. All significant new development of recreational facilities would be subject to the City's environmental review process which includes project -specific environmental review under CEQA. Consequently, through the environmental review process, the future provision of new or physically altered parks or recreational facilities would not result in substantial adverse physical impacts. This impact is less than significant. ■ Cumulative Impacts
The geographic context for the analysis of cumulative impacts associated with parks and recreational facilities is the City of Newport Beach and its SOI, including all cumulative growth therein, as represented by full implementation of the proposed General Plan Update.

Development under the proposed General Plan Update could have a significant adverse affect on existing parks and recreational facilities in terms of increased use. However, the proposed General Plan Update policies which require future development to dedicate land or pay in -lieu fees at a minimum of five acres of parkland per 1,000 persons, and require the use of funding from the City's Park Dedication Fee Ordinance to enhance existing parks and recreation facilities (proposed General Plan Update Policies R1.1 and R2.1), among several other related proposed policies, would reduce impacts related to deterioration of existing parks and recreation facilities. Thus, adverse physical impacts related to the expansion and construction of parks and recreational facilities would not be cumulatively considerable.

Therefore, the proposed General Plan Update's cumulative impact would be less than significant.

Cumulative development under the proposed General Plan Update would result in the development parkland and recreational facilities in order to maintain acceptable service ratios (five acres per 1,000 residents). Development of new facilities would be done in accordance with policies contained in the General Plan Update, including Policies R1.1 and R1.2. All significant new development of recreational facilities would be subject to the City's environmental review process which includes project -specific environmental review under CEQA. Consequently, through the environmental review process, the future provision of new or physically altered parks or recreational facilities in the Planning Area would not result in substantial adverse physical impacts. Consequently, the project's contribution to this impact would not be cumulatively considerable. The proposed General Plan Update's cumulative impact would be less than significant.

City of Newport Beach General Plan Update EIR 4.12-17

■ Proposed General Plan Update Policies
The Recreation Element of the proposed General Plan Update includes policies that would address issues related to recreation within the City of Newport Beach. The policies that are applicable to the project are included below. Policies identified below that are also contained in the Harbor and Bay Element are denoted with an "HB".

Land Use Element
Goal LU 6.15 A mixed -use community that provides jobs, residential, and supporting services in close proximity, with pedestrian -oriented amenities that facilitates walking and enhance livability.

Policy LU 6.15.15 Standards
To provide a focus and identity for the entire neighborhood and to serve the daily recreational and commercial needs of the community within easy walking distance of homes, dedicate and improve at least eight percent of the gross land area (exclusive of existing rights -of -way) of the first phase of development in each neighborhood as a neighborhood park. In every case, the neighborhood park shall be at least one acre in area and shall have a minimum dimension of 150 feet. Park acreage shall be exclusive of existing or new rights -of -way, development sites, or setback areas. A neighborhood park shall satisfy some or all of the requirements of the Parkland Dedication Ordinance, as prescribed by the Recreation Element of the General Plan.

This requirement may be waived for the Quail Street residential neighborhood provided that it can be demonstrated that the development parcels are too small to feasibly accommodate the park. On -site common open space may be used to satisfy a portion of the parkland dedication requirements if the open space is at least 10,000 square feet in area; one side abuts a public right-of-way; and it is open to the public during daylight hours.

Recreation Element
Goal R 1 Provision of Facilities —Provision of adequate park and recreation facilities that meet the recreational needs of existing and new residents of the community.

Policy R 1.1 Provision of Parkland
Require future development to dedicate land or pay in -lieu fees at a minimum of 5 acres of parkland per 1,000 persons.

Policy R 1.2 New Residential Subdivisions
Require developers of new residential subdivisions to provide parklands at five acres per 1,000 persons, as stated in the City's Park Dedication Fee Ordinance,

4.12-18 City of Newport Beach General Plan Update EIR

or to contribute in -lieu fees for the development of public recreation facilities meeting demands generated by the development's resident population.

Policy R 1.3 High -Density Residential Developments
Require developers of new high -density residential developments on parcels eight acres or larger, to provide on -site recreational amenities. For these developments, 44 square feet of on -site recreational amenities shall be provided for each dwelling unit in addition to the requirements under the City's Park Dedication Ordinance. On -site recreational amenities can consist of public urban plazas or squares where there is the capability for recreation and outdoor activity. These recreational amenities can also include swimming pools, exercise facilities, tennis courts, and basketball courts. Where there is insufficient land to provide on -site recreational amenities, the developer shall be required to pay the City of Newport Beach cash in -lieu that would be used to develop or upgrade nearby recreation facilities to offset user demand as defined in the City's Park Dedication Fee Ordinance.

The acreage of on -site open space developed with residential projects may be credited against the parkland dedication requirements where it is accessible to the public during daylight hours, visible from public rights -of -way, and is of sufficient size to accommodate recreational use by the public. However, the credit for the provision of on -site open space shall not exceed 30% of the parkland dedication requirements.

Policy R 1.4 Park Fee Update
Update the park fee assessed to new residential development in lieu of dedicating park land on a regular basis
Policy R 1.5 Density Bonuses
Consider development of incentives such as density bonuses for private commercial, office, and other developments to provide usable open space such as rooftop courts, pocket parks, public plazas, jogging trails, and pedestrian trails.

Policy R 1.6 Parkland Acquisition Criteria
Use the following criteria when considering acquisition for parkland:
a. City's identified current and projected needs for recreation and sports facilities
b. City's needs for recreation facilities based on location of existing facilities c. The preservation of natural resources, historic and cultural areas d. Ease of accessibility
e. Usability of proposed parklands considering topography and other landform constraints
f. Consistency with established parks and recreational facility Goal City of Newport Beach General Plan Update EIR 4.12-19

g. Fiscal impact on General Fund for any immediately needed refurbishments and on -going maintenance
h. The existence of a deficiency in a particular Service Area Policy R 1.7 Parkland Site Suitability
In the event that surplus school sites become available for parkland acquisition, site desirability should be evaluated using the following criteria:
a. Does the school site currently provide recreational facilities that have been identified to meet local or community -wide needs?
b. Are other public lands in the vicinity of the school site inadequate to meet the identified existing or foreseeable needs of the community for recreation or open space purposes?
c. Is the school site a more economical or otherwise more feasible alternative than other parcels which are available as potential sites in the area? Policy R 1.8 Private Parkland
Coordinate with the appropriate home owners association to conduct City recreation programs on private parkland.

Policy R 1.9 Passive Parks
Use underutilized City rights -of -way located on Ocean Boulevard and Bayside Drive in Corona del Mar as passive parks.

Policy R 1.10 Priority for Facility Provision
Provide additional park and recreation facilities that meet the needs as identified by direct feedback from residents, analysis of future trends, and through observations by Recreation and Senior Services staff, as shown in Figure R2
Parks

1. Newport Center Service Area: Develop Newport Center Park as a passive park

2. West Newport Service Area: Develop Sunset Ridge Park, an active park with playfields, picnic areas, a playground, and other facilities

3. Newport Coast Service Area: Develop an active park located at the end of Ridge Park Road; and develop a community center and a gymnasium

4. Santa Ana Heights/Airport Commercial Service Area: Develop a pocket park in Santa Ana Heights

5. West Newport Service Area: In the Banning ranch area develop an active community park of 20 to 30 acres with consideration of night lighting

6. Balboa Peninsula Service Area: Develop the Marina Park site for marine and/or recreational facilities

4.12-20 City of Newport Beach General Plan Update EIR

Recreation Facilities

1. Complete the Santa Ana Heights and Newport Coast Community Centers in a manner that allows the provision of a variety of recreational programs while meeting the needs of the community

2. Renovate the Oasis Senior Center to continue to function as a multipurpose senior center that meets the needs of the senior population

3. Renovate the existing recreation facilities to ensure they are a safe environment and offer quality programs and services
Policy R 1.11 Update of Priority for Facility Provision Review the list of identified community park and recreation needs on a regular basis, and update them as priorities for facilities change.

Policy R 1.12 Update of Priority Usage
Review policies regularly for priority usage of facilities to ensure fair and balanced assignments. Priority hierarchy shall be weighted for programs that are inclusive in nature and provide for the recreational enrichment of community's youth, adults, groups, and businesses. Scheduling shall be done in a manner that accommodates both the needs of organized activities as well as casual use by residents. Consideration shall also be given to the proper maintenance and revitalization of facilities when scheduling programs and activities.

Goal R 2 Maintenance and Preservation —Maintenance and preservation of existing parks and recreation facilities
Policy R 2.1 Enhancement of Facilities
Use funding from the City's Park Dedication Fee Ordinance to enhance existing parks and recreation facilities.

Policy R 2.2 Preservation of Public Parkland
Protect public parkland from non -recreational uses; any loss of parkland through governmental action shall be replaced in -kind.

Policy R 2.3 Preservation of Public Beaches
Preserve all public beaches for public only purposes.

Goal R 3 Accessibility of Facilities —Accessible parks and recreation facilities to persons with disabilities
Policy R 3.1 Adequate Access
Ensure that parks and recreation facilities include provisions for adequate access for persons with disabilities and that existing facilities are appropriately City of Newport Beach General Plan Update EIR 4.12-21

retrofitted to include such access as required by the Americans with Disabilities Act.

Goal R 5 Joint Use Facilities —Maximized use of the community's recreational resources by coordinating with the agencies responsible for non -city recreational facilities and open space.

Policy R 5.1 Non -City Facilities and Open Space
Utilize non -City recreational facilities and open space (i.e., Newport -Mesa Unified School District, county, and state facilities) to supplement the park and recreational needs of the community. Maintain the use of existing shared facilities, and expand the use of non -city facilities/amenities where desirable and feasible.

Policy R 5.2 School Districts
Expand and maintain existing joint use agreements with Newport -Mesa Unified School District for use of facilities that will enhance the provision of parks and recreational facilities for residents.

Policy R 5.3 New Joint -Use Agreements
Develop additional long-term, joint -use agreements with other public and private agencies to assure recreation facilities for future generations.

Policy R 5.4 Maintenance of Existing Facilities
Maintain existing joint use of facilities for City -operated recreational programs on City -owned properties that are used for other purposes, as needed.

Policy R 5.5 Public Facilities
Design public facilities to incorporate recreational elements such as children's play areas, rooftop courts, pocket parks, and usable public plazas.

Policy R 5.6 New Joint -Use Facilities
Explore use of government -owned surplus or remnant parcels for public park use.

Goal R 6 Provision of Coastal Recreational Opportunities —Protection and enhancement of a wide -range of recreational opportunities along the coast and beaches.

Policy R 6.1 Protection of Recreational Opportunities
Protect recreational opportunities along the coast and beaches from non - recreational uses. Where feasible, expand and enhance recreational opportunities along the coast and beaches.

4.12-22 City of Newport Beach General Plan Update EIR

Policy R 6.2 Interagency Coordination
Cooperate with the State Department of Parks and Recreation, the State Department of Fish and Game, and Orange County to protect, expand and enhance opportunities for recreational activities at County and State beaches and parks.

Policy R 6.3 Recreational Commercial Uses
Allow recreational commercial uses in commercial areas adjacent to beaches and the bay.

Goal R 8 Provision of Marine Recreation Facilities —Provision and maintenance of marine recreation related facilities that enhance the enjoyment of the City's natural resources
Policy R 8.1 Existing Facilities
Utilize existing City marine recreational facilities, including piers, docks, bays, beaches and educational and support facilities such as the intercollegiate rowing facilities, marine ways and services, launching facilities, pump -out stations, parking facilities, restrooms, showers, drinking fountains, and concessions.

Policy R 8.2 Provision of New Facilities
Provide additional marine recreational, educational and support facilities and opportunities as feasible.

Policy R 8.5 Support Facilities
Protect and, where feasible, expand, and enhance: (Policy HB6.4) ■ Waste pump -out stations
■ Vessel launching facilities
■ Low-cost public launching facilities
■ Marinas and dry boat storage facilities
■ Guest docks at public facilities, yacht clubs and at privately owned -marinas, restaurants and other appropriate locations
■ Facilities and services for visiting vessels
■ Facilities necessary to support vessels berthed or moored in the harbor, such as boat haul out facilities
■ Existing harbor support uses serving the needs of existing waterfront uses, recreational boaters, the boating community, and visiting vessels City of Newport Beach General Plan Update EIR 4.12-23

Goal R 9 Provision of Public Access —Provision and maintenance of public access for recreational purposes to the City's coastal resources. (Goal HB6) Policy R 9.1 Provision of Public Coastal Access
Provide adequate public access to the shoreline, beach, coastal parks, trails, and bay, acquire additional public access points to these areas and provide parking, where possible. (Policy HB6.1)
Policy R 9.5 Private/Gated Communities
Protect public access to coastal resources from private/gated communities. ■ Impacts and Mitigation Measures
No mitigation measures are necessary, as the proposed General Plan Update policies fully mitigate the impacts.

Level of Significance After Policies/Mitigation Measures After implementation of the proposed General Plan Update policies, impacts to parks and recreational facilities would be less than significant.

4.12.6 References
EIP Associates. 2004. Technical Background Report.
2005. General Plan Update Recreation Element.

4.12-24 City of Newport Beach General Plan Update EIR

4.13 TRANSPORTATION/TRAFFIC

4.13.1 Introduction
This section evaluates the potential for implementation of the proposed General Plan Update to result in impacts to traffic, circulation, parking, access, and other transportation modes, including the potential for the proposed General Plan Update to increase local and regional traffic volumes, exceed a level of service (LOS) standard, increase hazards due to a design feature, interfere with emergency access, result in an inadequate parking supply, or conflict with applicable alternative transportation programs.

Data used in preparation of this section is taken from the City of Newport Beach General Plan Transportation Study (GPTS) conducted for the project by Urban Crossroads (UC) and included as Appendix D of this document (the appendices to the traffic report itself can be found on the City's website). The GPTS evaluates existing traffic conditions at the project area, future traffic conditions at the project area (without implementation of the proposed General Plan Update), and traffic conditions following implementation of the proposed General Plan Update. The GPTS evaluated two buildout alternatives: Without Project (buildout of existing General Plan) and With Project (buildout of proposed General Plan Update) conditions. In addition, a supplement to the GPTS was prepared to analyze the direct effects of the proposed General Plan Update without surrounding regional growth (Existing With Project). The supplement to the GPTS is included as Appendix E. This scenario identifies traffic growth related only to the anticipated growth within the City of Newport Beach. Full bibliographic entries for all reference materials are provided in Section 4.13.6 (References) of this section.

Seven comment letters associated with transportation and traffic were received in response to the IS/NOP circulated for the proposed General Plan Update. One comment letter requested that the DEIR include an analysis of all intersection improvements and associated potential impacts, including consideration of feasible alternatives. Two comment letters received from adjacent municipalities also requested that the DEIR include an analysis of impacts due to proposed transportation improvements, particularly in terms of impacts at intersections bordering the neighboring municipalities of Irvine and Costa Mesa. Both John Wayne Airport QWA) and the California Department of Transportation requested that the DEIR adhere to all regional, State, and Federal regulations that apply to transportation. Another comment letter requested that the DEIR discuss proposed mitigation measures for particularly congested intersections, availability of funding for transportation improvements, and impacts related to the expansion of intersections and roadways. The Environmental Quality Affairs Citizens Advisory Committee called for the DEIR to contain a discussion of impacts associated with increased traffic congestion, impacts from transportation improvements associated with the provision of visitor -serving land uses, and consideration of alternative modes of transportation. Section 4.13.5 provides such analysis.

For analytical purposes, traffic impacts associated with implementation of the General Plan Update are derived from the existing environmental setting from 2002, which is used throughout this EIR. This baseline year (2002) is used for all impact areas analyzed in this traffic chapter to determine impacts. The City of Newport Beach General Plan Update EIR 4.13-1

use of this data presents a more conservative analysis for this EIR because it does not include the growth authorized under the existing General Plan that occurred between 2002 and the January 2006 NOP publication date. As a result, the potential growth under the proposed General Plan Update is actually less than what was used to analyze the environmental impacts in this analysis. Thus, the analysis presents a worst -case scenario based upon the maximum buildout potential development within the City and adjacent areas from 2002 through 2030.

4.13.2 Existing Conditions
This section provides an assessment of existing conditions in the Newport Beach Transportation Model (NBTM) primary modeling area (project study area), including a description of the street and highway system, traffic volumes on these facilities, and operating conditions of the selected intersections. The primary study area of the NBTM is generally bounded by the Brookhurst Street/Santa Ana River on the west, Adams Avenue/Baker Street/Campus Drive/SR-73 on the north, Crystal Cove State Park on the east, and the Pacific Ocean on the south. The primary study area is shown on Figure 4.13-1. ■ Regional Access
Regional access to the City is provided by several freeways. The 405 Freeway runs north to south within Southern California, and intersects both the 73 and 55 Freeways. State Route 55 extends south from State Route 91 and terminates in the City of Newport Beach at Finley Ave. State Route 73 extends through the northerly part of the City, connecting the 55 and 405 Freeways with Interstate 5. Highway 1 (Coast Highway) runs along the California coast and all the way through Newport Beach. Figure 4.13-1 shows the regional transportation network providing access to the City of Newport Beach. ■ Local Access
Newport Beach fronts on the Pacific Ocean causing the City to have access from only three directions.

In addition, upper Newport Bay acts as a barrier, resulting in only two east/west routes through Newport Beach (Coast Highway and the Bristol Street/SR 73 corridor). JWA also acts as a barrier to circulation on the City's edge, and contributes to congestion on some city streets. There are two ferries that provide water access; these include the Santa Catalina Ferry and the Balboa Ferry. Major access routes within the City include SR-55 (Newport Blvd.), the Coast Highway, and SR-73. In addition to these major access routes within the City there is an extensive network of City streets (e.g., Jamboree Road, MacArthur Boulevard, and Irvine Avenue) that provide internal movement in the City.

Figure 4.13-2 details street names and sizes based on number of lanes and street type. The following list of major access routes includes the range of traffic volumes that they carry.

Bristol Street North and Bristol Street South operate as a one-way couplet of northwest/southeast three - lane roadways on the north and south sides of SR-73. Traffic volumes on these secondary arterials range from 16,000 to 31,000.

4.13-2 City of Newport Beach General Plan Update EIR

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CITY of NEWPORT BEACH

GENERAL PLAN UPDATE EIR
Figure 4.13-1

NEWPORT BEACH TRAFFIC

MODEL (NBTM) PRIMARY

STUDY AREA
Legend
■ ■ ■ ■ City Boundary
City of Newport Beach
Not to Scale
Source, Urban Crossroads, 2005
Project No, 10579-03 I
E I P

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PACIFIC
OCEAN

TRANSPORTATION
CITY of NEWPORT BEACH

GENERAL PLAN UPDATE EIR
Figure 4.13-2

NEWPORT BEACH EXISTING

THROUGH LANES
Legend
# Number of Through Lanes
D Divided
u Undivided
City of Newport Beach
z
e
Not to Scale
Source, Urban Crossroads, 2005
Project No, 10579-03 I
E I P

Campus Drive is a north/south (between Bristol Street South and MacArthur Blvd) and east/west (beginning east of MacArthur Blvd) four -lane divided roadway. It has traffic volumes between 16,000 and 30,000 average daily trips (ADT).

Coast Highway is a northwest -southeast roadway with six to seven lanes between the Santa Ana River and Newport Boulevard, five divided lanes between Newport Boulevard and the projection of Irvine Avenue, four lanes between Irvine Avenue and Dover Drive, seven divided lanes between Dover Drive and Jamboree Road, eight lanes as it approaches Jamboree Road, six lanes between Jamboree Road and MacArthur Boulevard, four divided lanes between MacArthur Boulevard and Newport Coast Drive, and six divided lanes beyond Newport Coast Drive. It has daily traffic volumes between 30,000 and 73,000 ADT. A field study of traffic on Coast Highway demonstrated that up to 20 percent of the traffic on this roadway is regional through traffic, with no origin or destination in Newport Beach.

Dover Drive is a north/south roadway with two undivided lanes between Irvine Avenue and Westcliff Drive and is a divided four lane roadway between Westcliff Drive and Coast Highway. It has traffic volumes between 9,000 and 29,000 ADT.

Irvine Avenue is a northeast/southwest roadway with four divided lanes between Mesa Drive and Sherington Place. It briefly transitions to six divided lanes just south of Bristol Street South, and is two undivided lanes south of Sherington Place. It has traffic volumes up to 33,000 ADT just south of Bristol Street South, and as low as 12,000 ADT near 16'h Street.

Jamboree Road is a northeast/southwest roadway with six divided lanes between Coast Highway and Campus Drive. South of Coast Highway it is a four -lane divided roadway. Jamboree Road has volumes between 30,000 and 67,000 ADT. Volumes south of Coast Highway are 12,000 ADT.

MacArthur Boulevard is a north/south six -lane divided roadway, with a short four -lane divided portion north of Coast Highway, and an eight -lane divided portion between Ford Road and Bison Avenue.

Volumes range between 22,000 and 63,000 ADT. A field study of traffic on MacArthur Boulevard showed that up to 20 percent of the traffic on this roadway is regional through traffic, with no origin or destination in Newport Beach.

Newport Boulevard is a northeast/southwest divided roadway with three lanes and two lanes in the southbound direction and two lanes in the northbound direction south of SR-73 to 19`l' Street. It becomes a six -lane divided roadway between 19t' Street and Coast Highway. It has volumes between 29,000 and 48,000 ADT.

Newport Coast Drive is a north/south roadway with a four -lane divided portion between Bonita Canyon Drive and San Joaquin Hills Transportation Corridor, a six -lane divided portion between SJHTC and Coast Highway. Newport Coast Drive carries traffic volumes ranging from 11,000 to 21,000.

City of Newport Beach General Plan Update EIR 4.13-5

Existing Traffic Volumes and Level of Service
The local arterial roadway carrying the highest traffic volume in the NBTM primary modeling area is MacArthur Boulevard. A daily traffic count of approximately 63,000 vehicles per day was identified on MacArthur Boulevard between Bison Avenue and Ford Road. Newport Boulevard has a maximum volume of 53,000 VPD south of Coast Highway. Coast Highway has a maximum volume of 51,000 ADT between Bayside Drive and Dover Drive.

Existing Traffic Volumes
The GPTS examined roadway segment capacities within and around the City of Newport Beach.

Figure 4.13-3 shows the ADT on segments within the City and Figure 4.13-4 shows these roadway segments and the volume/capacity (V/C) ratios assigned to each based on existing traffic volumes and roadway capacities. The ratio of daily roadway segment volumes to daily planning level capacities provides a measure of the roadway segment level of service. Although the City of Newport Beach does not control conditions on local area freeways, freeway mainline and ramp V/C ratios are presented for informational purposes. The roadway segments that currently exceed a 0.90 V/C ratio are listed below. ■ Newport Boulevard north of Via Lido
■ Irvine Avenue north of University Drive
■ Jamboree Road north of Bayview Way
■ Jamboree Road north of University Drive
■ MacArthur Boulevard north of Ford Road
■ MacArthur Boulevard north of Coast Highway
■ Irvine Avenue south of University Drive
■ Bristol Street South east of Birch Street
■ Coast Highway east of Dover Drive
■ Coast Highway east of MacArthur Boulevard
■ Coast Highway east of Goldenrod Avenue
■ Coast Highway east of Marguerite Avenue
■ Coast Highway west of Riverside Drive
■ Bristol Street North west of Campus Drive
■ Bristol Street South west of Campus Drive
■ Bristol Street South west of Jamboree Road
The daily capacity of a roadway correlates to a number of widely varying factors, including traffic peaking characteristics, traffic turning volumes, and the volume of traffic on crossing streets. The daily capacities are therefore most appropriately used for long range General Plan analysis, or as a screening tool to determine the need for more detailed peak hour analysis. More detailed peak hour analysis has been conducted at key intersections in the vicinity of all these roadway segments to quantify actual peak hour operations and levels of service. Table 4.13-1 presents daily roadway capacities used in this analysis.

4.13-6 City of Newport Beach General Plan Update EIR

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CITY of NEWPORT BEACH

GENERAL PLAN UPDATE EIR
Figure 4.13-3

EXISTING COUNT AVERAGE

DAILY TRAFFIC (ADT)
Legend
# Vehicles Per Day (000'S)
City of Newport Beach
z
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Not to Scale
Source: Urban crossroads, 2005
I Project No. 10579-03 I
E1P

CITY of NEWPORT BEACH

GENERAL PLAN UPDATE EIR
Figure 4.13-4

EXISTING VOLUME/CAPACITY
(V/C) RATIOS
Legend
#.## Volume/Capacity Ratio
City of Newport Beach
0 Not to Scale
Source: Urban Crossroads, 2005
Project No. 10579-03 1

Classification
Right -of -Way
Curb -to -Curb
Width
# of Lanes
Median Width
Approximate Capacity
Minimum
Typical
Maximum
8 Lane Divided
158
Variable
8 14-18
60,000
68,000
75,000
Major Augmented
Variable
Variable
6-8
Variable
52,000
58,000
70,000
Major
128-134
106-114
6 14-18
45,000
51,000
65,000
Primary Augmented
Variable
Variable
4-6
Variable
35,000
40,000
50,000
Primary
104-108
84 4
16-20
30,000
34,000
45,000
Secondary
84 64
4 0
20,000
23,000
30,000
Commuter
60-70
40-50
2 0
7,000
10,000
20,000
The daily capacity of a roadway correlates to a number of widely varying factors, including traffic peaking characteristics, traffic turning volumes, and the volume of traffic on crossing streets. The actual daily capacity of a roadway can thus vary widely. The daily capacities are therefore most appropriately used for long range. General Plan analysis, or as a screening tool to determine the need for more detailed peak hour analysis.

Couplets: Secondary couplet-2 lanes for each leg
Primary couplet-3 lanes for each leg
Major couplet-4 lanes for each leg
Existing Intersection Conditions
The GPTS examined 62 study intersections within and around the City of Newport Beach. The selected intersections include any major arterial to arterial intersections in the City as well as a number of smaller local intersections of local concern. Table 4.13-3 lists these intersections along with the existing intersection conditions based on Intersection Count Utilization (ICU) and the corresponding Level of Service (LOS); it lists the intersections in their existing state prior to any future buildout or transportation upgrades. ICU values are used to determine levels of service at study area intersection locations (refer to Table 4.13-2). To calculate the ICU value for an intersection, the volume of traffic using the intersection is compared with the capacity of the intersection. The ICU is expressed as a decimal percent (e.g., 0.86) of the intersection capacity used.
.. - Level
Level of Service
- -
ICU value
A
0-0.60
B

0.61-0.70
C

0.71-0.80
D

0.81-0.90
E

0.91-1.00
F
> 1.00
City of Newport Beach General Plan Update EIR 4.13-9

Table I • Intersection
Intersection (NS & EV19
Count
A.M. Peak Hour P.M. Peak Hour
ICU
LOS
ICU
LOS