INITIAL STUDYMEGATIVE DECLARATION
City of Newport Beach
Housing Element Update (2008-2014)
LEAD AGENCY:
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92663
Contacts:
Mr. Jaime Murillo, Associate Planner
(949) 644-3209
Ms, Melinda Whelan, Assistant Planner
(949) 644-3221
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Keeton Kreitzer Consulting
180 South Prospect Avenue, Suite 140A
P. O. Box 3905
Tustin, California 92781-3905
Contact: Mr. Keeton K. Kreitzer, Principal
(714) 665-8509
September 30, 2011
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TABLE OF CONTENTS
1.0 INTRODUCTION 1
1.1 STATUTORY AUTHORITY AND REQUIREMENTS....................................................................... 1
1.2 PURPOSE........................................................................................................................................2
1.3 TIERING...........................................................................................................................................2
1.4 INCORPORATION BY REFERENCE............................................................................................. 2
2.0 PROJECT DESCRIPTION..........................................................................................................................5
2.1 PROJECT LOCATION AND ENVIRONMENTAL SETTING........................................................... 5
2.2 PROJECT CHARACTERISTICS..................................................................................................... 9
3.0 ENVIRONMENTAL SUMMARY...............................................................................................................15
3.1 BACKGROUND............................................................................................................................. 15
3.2 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED........................................................ 16
3.3 EVALUATION OF ENVIRONMENTAL IMPACTS......................................................................... 16
4.0 ENVIRONMENTAL ANALYSIS................................................................................................................19
4.1 AESTHETICS.................................................................................................................................19
4.2 AGRICULTURE AND FOREST RESOURCES............................................................................. 22 4.3
AIR QUALITY................................................................................................................................. 23 4.4
BIOLOGICAL RESOURCES......................................................................................................... 29 4.5
CULTURAL RESOURCES... ...................................... ........... - ...... -- ........... ............................... 34 4.6
GEOLOGY AND SOILS................................................................................................................. 37 4.7
GREENHOUSE GAS EMISSIONS................................................................................................ 43 4.8
HAZARDS AND HAZARDOUS MATERIALS................................................................................46
4.9 HYDROLOGY AND WATER QUALITY......................................................................................... 54 4.10
LAND USE AND PLANNING......................................................................................................... 62 4.11
MINERAL RESOURCES...............................................................................................................64
4.12 NOISE..........................................................................................................................................65 .
4.13 POPULATION AND HOUSING..................................................................................................... 68 4.14
PUBLIC SERVICES....................................................................................................................... 70 4.15
RECREATION................................................................................................................................74
4.16 TRANSPORTATION/TRAFFIC......................................................................................................75
4.17 UTILITIES AND SERVICE SYSTEMS.......................................................................................... 78 4.18
MANDATORY FINDINGS OF SIGNIFICANCE... . ...................... .................................................. 84 4.19
REFERENCES ......................................................... 86 4.20
REPORT PREPARATION PERSONNEL...................................................................................... 87 5.0 CONSULTANT RECOMMENDATION..................................................................................................... 89
6.0 LEAD AGENCY DETERMINATION.........................................................................................................91
7.0 COMMENTS AND RESPONSES...................................................................... Included with Final IS/ND
8.0 MITIGATION MONITORING AND REPORTING PROGRAM ..........................Included with Final IS/ND
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City of Newport Beach
Housing Element Update
Initial Study/Negative Declaration
1.0 INTRODUCTION
The City of Newport Beach's Housing Element details the City's strategy for enhancing and preserving the community's character, identifies strategies for expanding housing opportunities and services for all household types and income groups, and provides the primary policy guidance for local decision -making related to housing. The Housing Element provides in-depth analysis of the City's population, economic, and housing stock characteristics as well as a comprehensive evaluation of programs and regulations related to housing. Through this evaluation and analysis, the City has identified priority goals, polices, and programs that directly address the housing needs of current and future City residents.
The City completed a comprehensive update of its General Plan in 2006, which is herein incorporated by reference. Through the General Plan update process, several key areas in the City were identified as ideal locations for future housing opportunities. Through this process, significant new areas for future housing development were identified that included the re -designation of some commercial/office/industrial areas for residential or mixed residential/commercial uses. As part of the comprehensive General Plan update, the existing 2000-2005 Housing Element was reviewed for consistency, updated, and adopted to reflect land use changes and new residential opportunities identified as part of the General Plan update.
The 2008-2014 Housing Element is an update and revision to the 2006 Housing Element and consist of new technical data and updated policies and programs. The land use opportunities areas developed as part of the General Plan have remained the same. This Housing Element also addresses meeting the Regional Housing Needs Allocation (RHNA) for the planning period of January 1, 2006, through June 30, 2014, and is consistent with recent revisions to State Housing Element Law.
Following preliminary review of the proposed City of Newport Beach Housing Element Update (Project), the City has determined that the Project is subject to the guidelines and regulations of the California Environmental Quality Act (CEQA). This Initial Study addresses the direct, indirect, and cumulative environmental effects associated with the Project, as proposed.
1.1 STATUTORY AUTHORITY AND REQUIREMENTS
In accordance with the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000-21177) and pursuant to Section 15063 of Title 14 of the California Code of Regulations (CCR), the City of Newport Beach, acting in the capacity of Lead Agency, is required to undertake the preparation of an Initial Study to determine if the proposed Project would have a significant environmental impact. If, as a result of the initial Study, the Lead Agency finds that there is evidence that any aspect of the project may cause a significant environmental effect, the Lead Agency shall further find that an Environmental Impact Report (EIR) is warranted to analyze project -related and cumulative environmental impacts.
Alternatively, if the Lead Agency finds that there is no evidence that the project, either as proposed or as modified to include the mitigation measures identified in the Initial Study, may cause a significant effect on the environment, the Lead Agency shall find that the proposed project would not have a significant effect on the environment and shall prepare a Negative Declaration for that project. Such determination can be made only if "there is no substantial evidence in light of the whole record before the Lead Agency" that such impacts may occur (Section 21080(c), Public Resources Code).
The environmental documentation, which is ultimately selected by the City of Newport Beach in accordance with CEQA, is intended as an informational document undertaken to provide an environmental basis for subsequent discretionary actions upon the project. The resulting documentation is not, however, a policy document and its approval and/or certification neither presupposes nor mandates any actions on the part of those agencies from whom permits and other discretionary approvals would be required.
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The environmental documentation and supporting analysis is subject to a public review period. Because at least one state agency (California Department of Housing and Community Development) is a responsible agency, the review period is determined to be 30 days. During this review, public agency comments on the document relative to environmental issues should be addressed to the City of Newport Beach. Following review of any comments received, the City of Newport Beach will consider these comments as a part of the project's environmental review and include them with the Initial Study documentation for consideration by the City of Newport Beach.
1.2 PURPOSE
The purposes of the Initial Study/Environmental Checklist are to: (1) identify environmental impacts; (2) provide the Lead Agency with information to use as the basis for deciding whether to prepare an EIR or Negative Declaration; (3) enable an applicant or Lead Agency to modify a project, mitigating adverse impacts before an EIR is prepared; (4) facilitate environmental assessment early in the design of the project; (5) provide documentation of the factual basis for the finding in a Negative Declaration that a project would not have a significant environmental effect; (6) eliminate needless EIRs; (7) determine whether a previously prepared EIR could be used for the project; and (8) assist in the preparation of an EIR, if required, by focusing the EIR on the effects determined to be significant, identifying the effects determined not to be significant, and explaining the reasons for determining that potentially significant effects would not be significant.
Section 15063 of the CEQA Guidelines identifies specific disclosure requirements for inclusion in an Initial Study. Pursuant to those requirements, an Initial Study shall include: (1) a description of the project, including the location of the project; (2) an identification of the environmental setting; (3) an identification of environmental effects by use of a checklist, matrix or other method, provided that entries on a checklist or other form are briefly explained to indicate that there is some evidence to support the entries; (4) a discussion of ways to mitigate significant effects identified, if any; (5) an examination of whether the project is compatible with existing zoning, plans, and other applicable land use controls; and (6) the name of the person or persons who prepared or participated in the preparation of the Initial Study.
1.3 TIERING
Agencies are encouraged to tier the environmental analyses, which they prepare for separate but related projects including general plans, zoning changes, and development projects. According to CEQA (CEQA Guidelines Section 15152, Tiering) "tiering" refers to using the analysis of general matters contained in a broader EIR (such as one prepared for a general plan or policy statement) with later EIRs and negative declarations on narrower projects; incorporating by reference the general discussions from the broader EIR; and concentrating the later EIR or negative declaration solely on the issues specific to the later project. This approach is intended to eliminate repetitive discussions of the same issues and focus the later EIR or negative declaration on the actual issues pertinent to each level of environmental review.
Consequently, because the Housing Element Update would not result in alterations of the land use opportunities evaluated in the 2006 General Plan EIR, but instead, merely addresses updated policies to meet the revised RHNA allocation, the tiering process is appropriate in this situation.
1.4 INCORPORATION BY REFERENCE
As permitted by Section 15150 of the State CEQA Guidelines, this initial study incorporates several documents by reference. The reference documents identified below were utilized during the preparation of the Initial Study. The relevant information and/or analysis that has been incorporated by reference into this initial study has been summarized. Each of the documents identified below, which have been September 30, 2011 2 Initial Study/Negative Declaration
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incorporated by reference, are available for review at the City of Newport Beach Planning Department, located at 3300 Newport Boulevard, Newport Beach, California 92663.
City of Newport Beach General Plan (adopted July 25, 2006). The purpose of the City of Newport Beach General Plan (General Plan) is to provide a general, comprehensive, and long-range guide for community decision -making. The Newport Beach General Plan is organized into ten elements. General Plan Elements have been re -organized by thematic topic for clarity and to avoid redundancy. The subjects of the Conservation and Open Space Element have been merged into the Natural Resources Element. The General Plan also includes Parks and Recreation, Historical Resources, Arts and Cultural and Harbor and Bay Elements. Each General Plan element presents an overview of its scope, summary of conditions and planning issues, goals, and policies. Goals and policies of the General Plan are applicable to all lands within the City's jurisdiction. Consistent with state statutes, it also specifies policies for the adopted Sphere of Influence (SOI), encompassing Banning Ranch.
City of Newport Beach Environmental Impact Report General Plan 2006 Update (April 21, 2006) SCH No. 2006011119. The City of Newport Beach Environmental Impact Report General Plan 2006 Update (General Plan EIR) reviews the City's and Planning Area's existing conditions, analyzes potential environmental impacts from implementation of the General Plan Update, identifies policies from the proposed General Plan Update that serve to reduce and minimize impacts, and identifies additional mitigation measures, to reduce potentially significant impacts of the General Plan Update. The EIR presents a worst -case scenario based upon the City's and adjacent areas' maximum potential development from 2002 through 2030.
The EIR was prepared as a Program EIR (CEQA Guidelines Section 15168, Program EIR), and as such, was intended to serve as the environmental document for a series of actions contemplated by the General Plan, including amending the Zoning Ordinance to bring it into consistency with the General Plan. CEQA provides for using a Program EIR to ensure consideration of cumulative impacts, avoid duplicative reconsideration of basic policy issues, and allow early identification and evaluation of program wide mitigation measures. As discussed above in Section 1.4 (Tiering), agencies are encouraged to tier the environmental analyses, which refers to using the analysis of general matters contained in a broader EIR (i.e., General Plan) with later EIRs/negative declarations on narrower projects. The City is using the tiering concept, as permitted under the CEQA Guidelines, and the environmental analysis contained within this document for the Housing Element Update is being tiered with the General Plan Update EIR. This Housing Element Update IS/ND is incorporating by reference the environmental analysis from the broader General Plan Update EIR, which provides a description of the environmental setting and environmental impact conclusions. The baseline conditions for analysis are those identified within the General Plan Update EIR.
Citv of Newport Beach Zoning Code (Title 20 of the Citv of Newport Beach Municipal Code Planning and Zonina) (adopted October 26. 2010 and as amended from time to time thereafter).
The purpose of the Zoning Code is to promote growth in Newport Beach in an orderly manner, while promoting public health, safety, peace, comfort and general welfare. The Zoning Code also establishes zoning districts and regulations for the use of land and development for properties within the City. The Zoning Code has been amended several times since 1997, but has not been comprehensively updated until this time.
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2.0 PROJECT DESCRIPTION
2.1 PROJECT LOCATION AND ENVIRONMENTAL SETTING
PROJECT LOCATION
The City of Newport Beach is located in Southern California, within the westernmost portion of Orange County, California; refer to Exhibit 2-1 (Regional Vicinity Map). Newport Beach is bordered by the cities of Costa Mesa to the northwest, Irvine to the northeast, unincorporated Orange County to the southeast, and by the Pacific Ocean to the west; refer to Exhibit 2-2 Local Vicinity),
ENVIRONMENTAL SETTING
Newport Beach has a current population of approximately 86,738 persons'. The Newport Beach planning area contains 26,676 acres, not including streets and roadways, which account for approximately 20 percent (5335 acres) of the 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.
2.2 PROJECT BACKGROUND
The City completed a comprehensive update of its General Plan in 2006, which is herein incorporated by reference. Through the General Plan update process, several key areas in the City were identified as ideal locations for future housing opportunities. Through this process, significant new areas for future housing development were identified that included the re -designation of some commercial/office/industrial areas for residential or mixed residential/commercial uses. As part of the comprehensive General Plan update, the existing 2000-2005 Housing Element was reviewed for consistency, updated, and adopted to reflect land use changes and new residential opportunities identified as part of the General Plan update.
The 2008-2014 Housing Element is an update and revision to the 2006 Housing Element and consist of new technical data and updated policies and programs. The land use opportunity areas developed as part of the General Plan have remained the same.
The City of Newport Beach's Housing Element details the City's strategy for enhancing and preserving the community's character, identifies strategies for expanding housing opportunities and services for all household types and income groups, and provides the primary policy guidance for local decision -making related to housing. The Housing Element provides in-depth analysis of the City's population, economic, and housing stock characteristics as well as a comprehensive evaluation of programs and regulations related to housing. Through this evaluation and analysis, the City has identified priority goals, polices, and programs that directly address the housing needs of current and future City residents.
Throughout the Housing Element update process, the City of Newport Beach posted Draft Housing Element documents and presentation materials on the website to facilitate the review by residents and interested parties. Hard copies of the Draft Housing Element were also made available at the Planning Division Counter. The City held three specialized workshops targeted for developers, housing service providers, and the public, and two public meetings with both the Planning Commission and City Council, to solicit input and comments on the development of the Housing Element and programs. As a result of the comments received at the three housing workshops, at the Planning Commission and City Council meetings, and during the public review period of the Housing Element, significant revisions have been made to the 2008-2014 Housing Element to address the comments, as appropriate, and comply with State housing element law.
State of California, Department of Finance, E-5 Population and Housing Estimates for Cities, Counties, and the State, 2001-2010, with 2000 Benchmark. Sacramento, California, May 2010.
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California state law requires that Housing Elements be updated at least every five years. The City of Newport Beach has prepared the 2008 — 2014 Housing Element in compliance with the established (extended) 2008 deadline for jurisdictions within the Southern California Association of Governments (SCAG) region. The Housing Element covers the Regional Housing Needs Allocation (RHNA) for the planning period of January 1, 2006, through June 30, 2014, and is consistent with recent revisions to State Housing Element Law.
The City has accepted, and is committed to meeting, its 2006-2014 RHNA allocation of 1,784 housing units. Achieving the remaining RHNA units is expected through the future redevelopment of several key housing opportunity areas identified through the General Plan update process, implementation of programs designed to encourage and facilitate residential development, and the affordable housing requirements of the Inclusionary Housing Program (1HP). The City's Inclusionary Housing Program requires a proportion of affordable housing in new residential developments or payment of an in -lieu fee.
The City's goal is that an average of 16 percent of all new residential development will be affordable to very low-, low-, and moderate -income households. The City Council has also established an Affordable Housing Task Force that works with developers and landowners to facilitate the development of affordable units and determines the most appropriate use of in -lieu fee funds. The Task Force and staff continually investigate and research potential new affordable housing opportunities.
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Housing Element Update
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2.3 PROJECT CHARACTERISTICS
The proposed Newport Beach Updated Housing Element is a comprehensive statement of the City's housing policies and serves as a specific guide for implementation of these policies. The Housing Element Update examines current housing needs, estimates future housing needs, and establishes goals, policies, and programs pertaining to those needs. Housing programs are responsive to current and future needs. They are also established within the context of available community, state, and federal economic and social resources, and realistic quantified housing objectives. State housing goals are as follows:
Availability of housing is of vital statewide importance. Early attainment of decent housing and a suitable living environment for every California family is a priority of the highest order.
• Early attainment of this goal requires cooperative participation of government with the private sector to expand housing opportunities and accommodate housing needs of Californians of all economic levels.
• Provision of housing affordable to low- and moderate -income households requires cooperation among all levels of government.
• Local and state governments have a responsibility to use powers vested in them to facilitate improvement and development of housing to make adequate provision for housing needs of all economic segments of the community. • The Legislature recognizes in carrying out this responsibility, each local government also has a responsibility to consider economic, environmental, and fiscal factors, and community goals set forth in its general plan. Cities must cooperate with other local governments and the state in addressing regional housing needs.
The goals adopted in the 2006 Housing Element have not been revised; however, in order to more effectively achieve those long-range goals and objectives, meet the City's allocation of affordable housing in the region, and be consistent with State housing law, the Newport Beach Housing Element has been updated through the incorporation of several new housing programs as well as deletions and revisions to previously adopted housing programs. The most significant revisions to the Newport Beach Housing Element include:
Consistent with Government Code Section 65584.09, the Housing Element addresses the unaccommodated portion of the 2000-2005 Regional Housing Need Allocation (RHNA). Combining the unaccommodated portion of the 2000-2005 RHNA allocation with the City's 2006-2014 RHNA allocation results in a total housing need of 1,914 dwellings, including 770 dwelling units affordable to lower -income households.
The Housing Element has been revised to provide a detailed, parcel -specific inventory and analysis of land determined suitable for residential development (Sites Analysis and Inventory)_ The analysis demonstrates the sites are currently available and unconstrained so as to provide realistic development opportunities prior to June 30, 2014 (the end of the planning period).
Based on comments received, a methodology for determining capacity assumptions has been included in the Sites Analysis and Inventory, which also demonstrates how the calculation accounts for land -use controls and site improvements using actual constructed or approved projects.
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In addition to the information provided within the revised Sites Analysis and Inventory, a new section has been added to the Housing Element analyzing how the existing uses, land -use regulations, and parcel sizes impact the viability of the John Wayne Airport Area sites to accommodate the RHNA for lower -income households within the planning period.
Given the allowed densities of between 30 and 50 dwelling units per acre, the John Wayne Airport Area has the greatest potential to accommodate the City's need for 770 dwelling units affordable to lower -income households.
A detailed discussion of the City's recently adopted Inclusionary Housing Ordinance and In -Lieu Housing Fee has been added, including a constraints analysis on the development of market -rate housing.
Pursuant to the requirements of SB2, the Housing Element includes a discussion identifying the appropriate zoning districts where emergency shelters are allowed as a permitted use without the need for a use permit. As part of the Zoning Code Update, emergency shelters were added as a permitted use within the Private Institutions (PI) and Office -Airport (OA) zoning districts. A discussion has also been added clarifying the permitting requirements for transitional and supportive housing pursuant to SB2.
Programs have been expanded and added within the Housing Plan to preserve and facilitate residential development in the City, to assist in the development of housing for extremely low-income households, to promote and encourage energy conservation with respect to residential development, and to remove constraints to development of affordable housing within the John Wayne Airport sites.
The relevant changes to the housing programs included in the Housing Element Update are presented below. These changes include housing programs that have been deleted, new housing programs, and major revisions to housing programs.
Deleted Housing Programs
HP 2.2.6 Periodically contact known local developers and landowners to solicit new affordable housing construction.
HP 3.2.1 Identify the following sites as adequate, which will be made available through appropriate zoning and development standards and 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, Mariners' Mile, and the Balboa Peninsula.
HP 3.2.2 Update Zoning Code to reflect housing opportunities provided in the Land Use Element.
HP 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.
HP 5.1.4 Consistent with development standards in residential and commercial areas, permit emergency shelters and transitional housing under group housing provisions in its Zoning Code,
HP 6.1.2 Support fair housing opportunities by using Community Development Block Grant funds whenever necessary to enact federal, state, and City fair housing policies.
New Housing Programs
HP 2.1.5 Provide entitlement assistance, expedited entitlement processing, and waive application processing fees for developments in which 5 percent of units are affordable to extremely low- JN 10-105583 10 Initial Study/Negative Declaration
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income households. To be eligible for a fee waiver, the units shall be subject to an affordability covenant for a minimum duration of 30 years. The affordable units provided shall be granted a waiver of park in -lieu fees (if applicable) and traffic fair share fees.
HP 2.1.6 Affordable housing developments providing units affordable to extremely low-income households shall be given the highest priority for use of Affordable Housing Fund monies.
HP 2.2.2 Periodically review the City's Inclusionary Housing In -lieu fees to ensure it is adequate to support the development of affordable projects.
HP 2.2.3 Develop a brochure of incentives offered by the City for the development of affordable housing including fee waivers, expedited processing, Inclusionary Housing requirements, and density bonuses and other incentives. Provide a copy of this brochure at the Planning Counter, the website and also provide a copy to potential developers.
HP 2.2.10 Implement Chapter 20.32 (Density Bonus) of the Zoning Code and educate interested developers about the benefits of density bonuses and related incentives for the development of housing that is affordable to very low-, low-, and moderate -income households and senior citizens.
HP 2.2.11 Monitor the impact of Housing Program 2.2.1 and the City's Inclusionary Housing Ordinance on the overall production of housing within the City. Considerations shall include whether the inclusionary program results in cost shifting where the costs of subsiding the affordable units is underwritten by the purchasers of market -rate units in the form of higher prices.
HP 3.1A The City will encourage and facilitate residential and mixed -use development on vacant and underdeveloped sites listed in Appendix H4 by providing technical assistance to interested developers with site identification and entitlement processing. The City will support developers funding applications from other agencies and programs. The City will post the Sites Analysis and Inventory on the City's webpage and marketing materials for residential and mixed -use opportunity sites, and will equally encourage and market the sites for both for - sale development and rental development. To encourage the development of affordable housing within residential and mixed -use developments, the City shall educate developers of the benefits of density bonuses and related incentives identify potential funding opportunities, offer expedited entitlement processing, and offer fee waivers and/or deferrals.
HP 3.1.5 The City will monitor and evaluate the development of vacant and underdeveloped parcels on an annual basis and report the success of strategies to encourage residential development in its Annual Progress Reports required pursuant to Government Code 65400. If identified strategies are not successful in generating development interest, the City will respond to market conditions and will revise or add additional incentives.
HP 3.2.2 Recognizing that General Plan Policy LU6.15.6 may result in a potential constraint to the development of affordable housing in the Airport Area, the City shall amend the General Plan and/or establish a waiver or exception to the minimum 10-acre site requirement. It is recognized that allowing a smaller scale development within an established commercial and industrial area may result in land use compatibility problems and result in a residential development that does not provide sufficient amenities (i.e. parks) and/or necessary improvements (i.e. pedestrian walkways). Therefore, it is imperative that the proposed waiver include provisions for adequate amenities, design considerations for the future integration into a larger residential village, and a requirement to ensure collaboration with future developers in the area.
HP 3.2.3 The City shall amend the Newport Place (PC 11) and Koll Center (PC 15) Planned Community texts to allow residential developments that include: 1) a minimum of 30 percent of the units affordable to lower -income households; and 2) include densities between 30 JN 10-105583 11 Initial Study/Negative Declaration
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du/acre and 50 du/acre consistent with the MU-H2 General Plan land use designation and policies for the Airport Area. It is recognized that adding residential as a permitted use where it was not allowed previously might require additional design attention to integrate uses.
Therefore, the Planned Community Amendments will add residential uses as permitted by right subject to a site plan review to ensure integration within the existing area.
The City will monitor commercial redevelopment within the Airport Area to ensure sufficient residential capacity remains to accommodate the City's RHNA for lower -income households.
Should residential capacity be reduced to a level that cannot accommodate the City's remaining need for lower -income households citywide, the City will identify and zone, if necessary, sufficient sites in an alternative location to accommodate the City's RHNA.
HP 4.1.5 The City shall inform and educate owners of affordable units of the State Preservation Notice Law (Government Code Section 65863.10-13), if applicable. Pursuant to the law, owners of government -assisted projects cannot terminate subsidy contract, prepay a federally -assisted mortgage, or discontinue use restrictions without first providing an exclusive Notice of Opportunity to Submit an Offer to Purchase. Owners proposing to sell or otherwise dispose of a property at any time during the five years prior to the expiration of restrictions must provide this Notice at least 12 months in advance unless such sale or disposition would result in preserving the restrictions. The intent of the law is to give tenants sufficient time to understand and prepare for potential rent increases, as well as to provide local governments and potential preservation buyers with an opportunity to develop a plan to preserve the property. This plan typically consists of convincing the owner to either (a) retain the rental restrictions in exchange for additional financial incentives or (b) sell to a preservation buyer at fair market value.
HP 4.2.5 Developers that choose to meet the inclusionary housing requirements of Housing Program
2.2.1 through the renovation and conversion of existing off -site units in the City to affordable units shall be required to substantially renovate and improve the livability and aesthetics of the units for the duration of the affordability period and include energy conserving retrofits that will contribute to reduced housing costs for future occupants of the units.
HP 4.2.6 Implement and enforce the recently adopted Water Efficient Landscape Ordinance and Landscape and Irrigation Design Standards in compliance with AB 1881 (2006). The ordinance establishes standards for planning, designing, installing, and maintaining and managing water -efficient landscapes in new construction and rehabilitated projects.
HP 4.2.7 Affordable housing developments that receive City assistance from Community Development Block Grant funds or from the City's Affordable Housing Fund shall be required, to the extent feasible, include installation of energy efficient appliances and devices, and water conserving fixtures that will contribute to reduced housing costs for future occupants of the units.
HP 4.2.8 Investigate the feasibility and benefits of using a portion of its Community Development Block Grant funds for the establishment and implementation of an energy conserving home improvements program for lower -income homeowners.
HP 4.2.9 Establish a process for LEED certified staff members to provide development assistance to project proponents seeking LEED certification, which will in turn increase the LEED points granted to projects.
HP 4.2.10 To encourage voluntary green building action, the City will institute a green recognition program that may include public recognition of LEED certified buildings, payment of a display advertisement in the local newspaper recognizing the achievements of a project, or developing a City plaque that will be granted to exceptional developments.
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HP 5.1.6 Encourage the development of day care centers and community parks as a component of new affordable housing constructed as part of the requirements of the City's Inclusionary Housing Ordinance.
HP 5.1.7 Amend the Zoning Code to include a definition of Single Room Occupancy (SRO) Residential Hotels and add provisions that would permit SROs within the commercial and office zoning districts with the approval of a use permit. No standard set of conditions or use restrictions on SROs shall be established; instead, each application should be evaluated individually and approved based upon its own merits and circumstances.
Substantially Revised Housing Programs (Revisions in underline format) HP 4.1.1 Annually contact owners of affordable units for those developments listed in Table H12 as part of the City's annual monitoring of affordable housing agreements to obtain information regarding their plans for continuing affordability on their properties and to encourage the extension of the affordability agreements for the developments listed in Table H12 beyond the years noted.
HP 4.1.2 The Citv shall resister as a Qualified Preservation Entitv with HCD to ensure that the City will receive notices from all owners intending to opt out of their Section 8 contracts and/or prepay their HUD insured mortgages. Upon receiving notice that a property owner of an existing affordable housing development intends to convert the units to a market -rate development. the City shall consult with the property owners and potential preservation organizations regarding the potential use of CDBG funds and/or Affordable Housing Fund monies to maintain affordable housing opportunities in those developments listed in Table H12 or assist in the non-profit acquisition of the units to ensure long-term affordability.
In addition to these major revisions to the Housing Programs proposed by the City, several additional minor modifications have also been proposed, including those to adopted programs, policies and objectives (i.e., timelines and minor clarifications such as program numbers, etc.). A copy of the Housing Element is available for review at the Newport Beach Community Development Department located at 3300 Newport Boulevard, Newport Beach, CA. In addition, the Housing Element Update can also be found on the City's website at:
hfto://ne�,vDoribeachca.gov/Modules/ShovvDocument.aspx?documentid=10695 The City of Newport Beach believes that the programs now proposed would be the most effective in achieving the City's long-range housing goals. The California Department of Housing and Community Development (HCD) has reviewed the Draft Housing Element as currently revised and has determined that it meets the statutory requirements of State Housing Element Law (refer to Appendix "A").
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3.0 ENVIRONMENTAL SUMMARY
3.1 BACKGROUND
1. Project Title:
City of Newport Beach Housing Element Update 2008 - 2014 Planning Period
2. Lead Agency Name and Address:
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92663
3. Contact Persons and Phone Numbers:
Mr. Jaime Murillo, Associate Planner, (949) 644-3209
Ms. Melinda Whelan, Assistant Planner, (949) 644-3221
4. Project Location:
The City of Newport Beach is located in western Orange County, California.
5. Project Sponsor's Name and Address:
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92663
6. General Plan Designation: Residential and Mixed Use Land Use Designations, including: RS-
D, RS-A, RT, RM, RM-D, RM/OS, MU-V, MU-H
7. Zoning: Residential and Mixed Use Zoning Districts, including: R-A, R-1, R-BI, R-2, RMD, MU-V, MU-MM, MU-DW, and MU-CV/15th Street
8. Description of the Project:
Comprehensive revision/update of the Housing Element. Refer to Section 2.2 (Project Characteristics).
9. Surrounding Setting and Land Uses:
Newport Beach is bordered by the cities of Costa Mesa to the northwest, Irvine to the northeast, unincorporated Orange County to the southeast, and the Pacific Ocean to the west.
10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement):
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3.2 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact' or "Potentially Significant Impact With Mitigation Incorporated," as indicated by the checklist on the following pages.
Aesthetics
Land Use and Planning
Agriculture and Forest Resources
Mineral Resources
Air Quality
Noise
Biological Resources
Population and Housing
Cultural Resources
Public Services
Geology and Soils
Recreation
Greenhouse Gas Emissions
Transportation/Traffic
Hazards and Hazardous Materials
Utilities and Service Systems
Hydrology and Water Quality
Mandatory Findings of Significance
3.3 EVALUATION OF ENVIRONMENTAL IMPACTS
Section 4 (following) analyzes the potential environmental impacts associated with the proposed Housing Element Update. The issue areas evaluated in this Initial Study include:
• Aesthetics
• Agriculture and Forest Resources
• Air Quality
• Biological Resources
• Cultural Resources
• Greenhouse Gas Emissions
• Geology and Soils
• Hazards and Hazardous Materials
• Hydrology and Water Quality
• Land Use and Planning
• Mineral Resources
• Noise
• Population and Housing
• Public Services
• Recreation
• Transportation/Traffic
• Utilities and Service Systems
The environmental analysis in Section 4 is patterned after the Initial Study Checklist recommended by the CEQA Guidelines, as amended, and used by the City of Newport Beach in its environmental review process. For the preliminary environmental assessment undertaken as part of this Initial Study's preparation, a determination that there is a potential for significant effects indicates the need to more fully analyze the development's impacts and to identify mitigation.
For the evaluation of potential impacts, the questions in the Initial Study Checklist are stated and an answer is provided according to the analysis undertaken as part of the Initial Study. The analysis considers the long-term, direct, indirect, and cumulative impacts of the development. To each question, there are four possible responses:
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• No Impact. The development will not have any measurable environmental impact on the environment.
Less Than Significant Impact. The development will have the potential for impacting the environment, although this impact will be below established thresholds that are considered to be significant.
Less Than Significant Impact With Mitigation Incorporated. The development will have the potential to generate impacts, which may be considered as a significant effect on the environment, although mitigation measures or changes to the development's physical or operational characteristics can reduce these impacts to levels that are less than significant.
• Potentially Significant Impact. The development could have impacts, which may be considered significant, and therefore additional analysis is required to identify mitigation measures that could reduce potentially significant impacts to less than significant levels.
Where potential impacts are anticipated to be significant, mitigation measures will be required, such that impacts may be avoided or reduced to insignificant levels.
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4.0 ENVIRONMENTAL ANALYSIS
The following is a discussion of potential project impacts as identified in the Initial Study. Explanations are provided for each item.
4.1 AESTHETICS
a. Have a substantial adverse effect on a scenic vista? b. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? _
c. Substantially degrade the existing visual character or quality of the site and its surroundings?
d. Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area?
Impact Analysis
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4.1(a) Have a substantial adverse effect on a scenic vista? ■
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Less Than Significant Impact. The Newport Beach General Plan and Local Coastal Program (LCP) have identified several natural features, including the Pacific Ocean and bay that provide open coastal views.
Other features include important view points and roadway segments that provide coastal views as well as parks and other public spaces that also allow visual access to important aesthetic features. As a result, the City's General Plan and LCP have developed policies to preserve these significant vistas and views.
As reflected in the Newport Beach General Plan and LCP, infill development and redevelopment, including residential development, would be concentrated in several specified subareas of the City (e.g., Airport Area, Newport Center, Banning Ranch, West Newport Mesa, and the Balboa Peninsula area) as well as in a few smaller areas throughout the remainder of the City. Some of the identified subareas would not be considered areas with existing high visual or scenic quality. Examples of conditions that may currently detract from local visual character include: building facades that are faded and in poor repair, sparse or under -maintained landscaping, poorly maintained mobile homes, and dated or incongruent architecture (which could be historic, though not currently distinguished as such). However, the City adopted several policies intended to enhance existing neighborhoods, districts, and corridors, allowing for re -use and infill with uses that are complementary in type, form, scale, and character. In addition, other General Plan policies are intended to improve aesthetics in these areas through both redevelopment and incentives for others to improve maintenance, including those that provide for improved visual image and quality, the restoration and enhancement of visual quality in visually degraded areas, where feasible, and the provision of view easements or corridors designed to protect public views or to restore public views in developed areas, where appropriate.
Other subareas are considered to have high existing visual quality. The architecture and landscaping is attractive, the area is visually diverse, and the different land uses in the area are harmoniously arranged so as to complement neighboring uses. Corona del Mar and Newport Center/Fashion Island are areas that might be considered to have high overall visual quality. In these areas, new development allowed under the September 30, 2011 19 Initial Study/Negative Declaration
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General Plan Update would be done in such a way as to fit into and complement the existing visual setting.
As indicated above, this would be accomplished through the implementation of adopted policies that require new development to "maintain and enhance" existing development.
Implementation of the proposed project would not result in specific development projects. Rather, the Housing Element Update would provide a policy framework for the residential growth anticipated in the City over the next seven years. Although future development that would occur pursuant to the proposed project could affect views to the identified vistas and the visual landscape within the City, all new residential development or renovation projects that would be guided under the proposed project would be subject to site -specific environmental evaluations and would be required to adhere to policies outlined in the City's General Plan as indicated above. Implementation of the programs included in the proposed Housing Element Update project alone would not directly result in any physical alterations, including any structural modifications that could affect scenic vistas within the City. Therefore, potential impacts are anticipated to be less than significant.
Mitigation Measures: No mitigation is required.
4.1(b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? No Impact. Currently, there are no official state scenic highways within the City boundaries. However, SR- 1 is identified by the City as eligible for State Scenic Highway designation. Projects that would impede visual access along this route may result in potential impacts to scenic resources. However, as previously indicated, the proposed Housing Element Update does not include specific development projects, but instead, provides only a framework for the City's anticipated future residential growth anticipated to accommodate the demand for housing in Newport Beach. The provision of such a framework to guide population growth in the City would not directly result in any physical changes to existing scenic resources identified in the City and, therefore, would not substantially affect scenic resources within a designated State scenic highway. Furthermore, the proposed project would not result in potentially significant impacts to other important scenic resources, including trees, rock outcroppings, and/or historic buildings. As specified in the General Plan Update EIR, all new residential development anticipated to occur pursuant to the adopted long-range plans for City, including residential development associated with the Housing Element Update, would be subject to the adopted Land Use Element and Natural Resources Element policies developed to protect the City's visual resources, including SR-1. These policies would include the preparation of site -specific environmental analysis, which would include evaluations of potential impacts to scenic resources. Therefore, no potential visual/aesthetic impacts are anticipated to occur as a result of the implementation of the Housing Element Update of the General Plan.
Mitigation Measures: No mitigation is required.
4.1(c) Substantially degrade the existing visual character or quality of the site and its surroundings?
Less Than Significant Impact. Newport Beach is largely urbanized and the existing aesthetic character, which varies depending on geographic area (e.g., airport environs, Corona Del Mar, West Newport, etc.), has already been established. As previously discussed, the Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. The provision of such a framework to guide future housing development in the City would not result in any physical changes to existing structures. Consequently, adoption of the Housing Element Update would not directly result in the degradation of the existing aesthetic character or visual quality of development in the City. Although future development that would occur pursuant to the Housing Element Update may alter the visual character of an existing site within the City, the future design, construction, and renovation of new residential uses would generally be compatible in scale, design, character, and quality to existing uses because such development and/or redevelopment September 30, 2011 20 Initial Study/Negative Declaration
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must comply with the City's existing land use development standards and architectural design guidelines and regulations. In addition, all future residential development must be consistent with the relevant goals and policies included in the General Plan. For example, residential neighborhoods must be well -planned and designed, must 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. In addition, future residential projects would be evaluated to ensure compatibility with the existing character of the area. Finally, all new residential development that would occur pursuant to the proposed policies and programs included in the Housing Element Update would be subject to site -specific environmental review, including an analysis of potential impacts to the visual character of a particular area. Therefore, the implementation of the Housing Element Update of the General Plan would not result in a potentially significant impact.
Mitigation Measures: No mitigation is required.
4.1(d) Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area?
Less Than Significant Impact. There are two primary sources of light: light emanating from building interiors that pass through windows and light from exterior sources (i.e., street lighting, parking lot lighting, building illumination, security lighting and landscape lighting). Depending upon the location of the light source and its proximity to adjacent light sensitive uses, light introduction can be a nuisance, affecting adjacent areas and diminishing the view of the clear night sky.
Newport Beach is primarily built -out; therefore, ambient light from urban uses currently exists. However, the GPEIR concluded new development could create new sources of light and glare that could affect day or nighttime views of adjacent sensitive land uses (i.e., undeveloped lands and residential uses adjacent to commercial or industrial areas). Additionally, the GPEIR concluded implementation of GP Policies would reduce impacts resulting from daytime glare, ambient nighttime lighting, and potential spillover from new development to a less -than -significant level.2 The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Development that would occur pursuant to the Housing Element Update was considered in the GPEIR analysis and there are no proposed changes to land use designations that would result in increased densities/intensities that were not included in the GP. As such, potential impacts associated with light and glare from future development permitted by the Housing Element Update were anticipated in the GP/GPEIR. Implementation of the proposed Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified.
Future development would either undergo environmental and design review through the discretionary review process or be reviewed on a project -by -project basis for consistency with Newport Beach Zoning Code Outdoor Lighting section with the Zoning Clearance process in order to ensure that the project would not create a new source of substantial light and glare. Future discretionary development would also be subject to compliance with General Plan policies that address the creation of light and glare from new developments. In particular, Policy LU 5.6.2 specifies the use of non -reflective textured surfaces on building exteriors, as well as avoidance of the use of reflective glass. Policy LU 5.6.3 requires that outdoor lighting be located and designed to prevent spillover onto adjoining properties or significantly increase the overall ambient illumination of their location. In addition, Policies LU 6.1.3 and 6.2.5 allow for the integration of uses to be designed specifically to assure development compatibility by addressing issues such as lighting. Therefore, since future development would undergo project -by -project review, be regulated by the adopted zoning district regulations, and subject to compliance with General Plan policies, impacts from daytime glare, ambient nighttime lighting, and potential spillover from new development would be less than significant.
2 Ibid., Pages 4.1-21 and 22.
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Mitigation Measures: No mitigation is required.
4.2 AGRICULTURE AND FOREST RESOURCES
a, Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps
prepared pursuant to the Farmland Mapping and Monitoring ■
Program of the California Resources Agency, to non-agricultural use?
b. Conflict with existing zoning for agricultural use, or a Williamson Act contract?
c. Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), ■
or timberland zoned Timberland Production (as defined by Government Code section 51104(g))?
d. Result in the loss of forest land or conversion of forest land to non- ■
forest use?
e. Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to ■
non-agricultural use or conversion of forest land to non -forest use?
Impact Analysis
4.2(a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? No Impact. There is no designated Prime Farmland, Unique Farmland or Farmland of Statewide Importance within the City. Therefore, project implementation would not result in the conversion of farmland to non-agricultural use.
Mitigation Measures: No mitigation is required.
4.2(b) Conflict with existing zoning for agricultural use or a Williamson Act contract? Less Than Significant Impact. The Residential -Agricultural (R-A) District provides areas for single-family residential and light farming land uses. Given that the proposed Land Use Element Update does not anticipate future development of residential beyond that anticipated in the Newport Beach General Plan and September 30, 2011 22 Initial Study/Negative Declaration
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evaluated in the GPEIR within the R-A District. Since there are no agricultural uses or Williamson Act contracts present in the City, Project implementation would result in a less than significant impact to potential agricultural uses within the R-A District. Furthermore, there are no existing Williamson Act Contracts covering property within the City of Newport Beach. Therefore, no significant impacts are anticipated and no mitigation measures are required.
Mitigation Measures: No mitigation is required.
4.2(c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))?
No Impact. There is no zoning for forest land in the City. Additionally, the City is primarily a built -out area, and it is anticipated that future residential development permitted by the Newport Beach General Plan consistent with the Housing Element Update would generally consist of infill and redevelopment. Therefore, Project implementation would not conflict with existing zoning for, or cause rezoning of, forest land. No significant impacts would occur and no mitigation measures are required.
Mitigation Measures: No mitigation is required.
4.2(d) Result in the loss of forest land or conversion of forest land to non -forest use? No Impact. There are no forest lands present in the City. Therefore, Project implementation would not result in the loss of forest land or conversion of forest land to non -forest use. No significant impacts would occur and no mitigation measures are required.
Mitigation Measures: No mitigation is required.
4.2(e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non -forest use?
No Impact. No farmland, agricultural activity, or forest lands exist within the City of Newport Beach.
Therefore, the Project would not result in environmental changes that would convert farmland to non- agricultural use or forest land to non -forest use. No significant impacts would occur and no mitigation measures are required.
Mitigation Measures: No mitigation is required.
4.3 AIR QUALITY
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a. Conflict with or obstruct implementation of the applicable air quality plan?
b. Violate any air quality standard or contribute substantially to an existing or projected air quality violation?
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The City of Newport Beach is part of the South Coast Air Basin (SCAB) and is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD). The SCAQMD's current guidelines and emission thresholds are established in the CEQA Air Quality Handbook. Air quality assessments estimate emissions of air pollutants associated with short-term construction and long-term operation of a proposed project.
Both the State of California and the Federal government have established health -based Ambient Air Quality Standards (AAQS) for the following six criteria air pollutants: carbon monoxide (CO); ozone (03); nitrogen oxides (NOx); sulfur oxides (SOx); particulate matter up to 10 microns in diameter (PM10); and lead (Pb). 03 (smog) is formed by a photochemical reaction between NOx and reactive organic compounds (ROCs).
Thus, evaluating impacts from NOx and ROCs assesses impacts from 03. The net increase in pollutant emissions determines the impact on regional air quality as a result of a proposed project. The results also allow the local government to determine whether a proposed project would deter the region from achieving the goal of reducing pollutants in accordance with the air quality management plan (AQMP) in order to comply with Federal and State AAQS.
Construction Emission Thresholds
The following CEQA significance thresholds for construction emissions have been established for the SCAB:
• 75 pounds per day (Ibs/day) or 2.5 tons per quarter -year of VOCs; • 100 Ibs/day or 2.5 tons per quarter of NOx;
• 550 Ibs/day or 24.75 tons per quarter of CO;
• 150 Ibs/day or 6.75 tons per quarter of PM10; and
• 150 Ibs/day or 6.75 tons per quarter of SOx.
In the SCAB, project construction -related emissions that exceed any of the above emission thresholds are considered to be a significant impact under the SCAQMD guidelines.
Operational Emission Thresholds
Project operational emissions that exceed any of the thresholds listed below are considered to be a significant impact under the SCAQMD guidelines:
• 55 Ibs/day of VOCs;
• 55 Ibs/day of NOx;
• 550 Ibs/day of CO;
• 150 Ibs/day of PM10; and
• 150 Ibs/day of SOx.
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Localized Thresholds of Significance
Localized significance thresholds (LSTs) represent the maximum emissions from a project that would not cause or contribute to an exceedance of the most stringent applicable federal or state ambient air quality standard, and are developed based on the ambient concentrations of that pollutant for each source receptor area. The cleaner the air is in a local area, the greater emissions increment it can afford without causing or contributing to an exceedance of the most stringent ambient air quality standard. If the existing air quality is not yet in compliance with the air quality standards, all areas are subject to generally equivalent LSTs.
LSTs apply to projects that are less than five acres in size. Public agencies can use LST methodology and mass rate look -up tables by source receptor area (SRA) to determine whether or not a project may generate significant adverse localized air quality impacts. LSTs are only applicable to the following criteria pollutants: oxides of nitrogen (NOx), carbon monoxide (CO), and particulate matter less than 10 microns in aerodynamic diameter (PM10). LSTs represent the maximum emissions from a project that are not expected to cause or contribute to an exceedance of the most stringent applicable federal or state ambient air quality standard, and are developed based on the ambient concentrations of that pollutant for each source receptor area and distance to the nearest sensitive receptor. For PM10 LSTs were derived based on requirements in SCAQMD Rule 403 (Fugitive Dust).
Impact Analysis
4.3(a) Conflict with or obstruct implementation of the applicable air quality plan? Less Than Significant Impact. Consistency with the 2007 Air Quality Management Plan for the South Coast Air Basin (2007 Air Quality Management Plan) means that a project is consistent with the goals, objectives, and assumptions in the respective plan to achieve the Federal and State air quality standards.
Per the SCAQMD CEQA Air Quality Handbook, there are two main indicators of a project's consistency with the applicable Air Quality Management Plan:
Whether the project would increase the frequency or severity of existing air quality violations or cause or contribute to new violations, or delay timely attainment of air quality standards or the interim emission reductions specified in the 2007 Air Quality Management Plan. • Whether the project would exceed the 2007 Air Quality Management Plan's assumptions for 2030 or yearly increments based on the year of project buildout and phasing.
Given that the City is primarily a built -out area, future development permitted by the Newport Beach General Plan in accordance with the Housing Element Update would occur primarily as infill and redevelopment. Construction activities would generate pollutant emissions, including but not limited to site grading, operation of construction equipment, and vehicle activities. Future development that would occur pursuant to the Housing Element Update would also generate population growth with resultant pollutant emissions from stationary equipment, new vehicular trips, off -site power and natural gas generation, etc.
The City is located within the South Coast Air Basin, which is within the jurisdiction of the South Coast Air Quality Management District (SCAQMD). This area has some of the highest concentrations of air pollutants in the nation and has been classified as a nonattainment area for ozone and fine particulate matter (PM10) by the federal government and the State of California. A project is deemed inconsistent with air quality plans if it results in population and/or employment growth that exceeds growth estimates in the applicable air quality plan.
The new Housing Element of the General Plan could introduce new residential development to accommodate anticipated population growth under the RHNA allocation. In particular, implementation of the Housing Element update would provide a framework for the City to meet the 2008-2014 RHNA allocation of 1,784 housing units. Subsequent to the 2006 General Plan Update, the 2007 Air Quality Management Plan September 30, 2011 25 Initial Study/Negative Declaration
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(AQMP) was prepared to accommodate growth, to reduce the high levels of pollutants within the areas under the jurisdiction of SCAQMD, to return clean air to the region, and to minimize the impact on the economy. Because the City's General Plan was adopted prior to the updated 2007 AQMP, the population projections included within the City's updated General Plan form the basis for the revised AQMP projections. Consequently, because the Housing Element update would not result in increased residential development beyond that already analyzed under the General Plan Update, and would merely accommodate known population growth, the proposed project is considered consistent with the 2007 AQMP.
Additionally, new policies in the Housing Element Update encourage new housing development around activity centers, which would reduce vehicle miles traveled and, therefore, help to minimize air quality impacts. Implementation of the Housing Element Update of the General Plan would result in increased housing that is consistent with that analyzed in the 2007 AQMP, as well as result in a reduction of vehicle miles traveled, and would not conflict with the adopted air quality plan. Therefore, impacts would be considered less than significant.
Future discretionary development pursuant to the proposed Housing Element Update would undergo environmental and/or development review on a project -by -project basis based upon the regulatory requirements established within the adopted zoning for a property in order to verify consistency with the AQMP. Additionally, the proposed Housing Element Update would promote consistency with the AQMP by allowing residential use densities that would be no greater than allowed by the General Plan Land Use Element. Future development would also be subject to compliance with General Plan policies that would promote consistency with the AQMP (i.e., use of transit, reduce the number of vehicle trips and miles traveled, and create opportunities to walk and bike to work or shop). In particular, Policy LU 3.3 identifies opportunities for mixed use development 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 encourages improved pedestrian connections and streetscape amenities, and Policy LU 6.15.9 allows the development of multi -family residential units and mixed -use buildings that integrate residential with commercial uses. Policies NR6.1, NR6.2, and NR6.3 would reduce vehicle trips through land use planning through mixed -use development or siting of amenities in proximity to residential or employment areas. Additionally, Policies NR 6.4 and NR 6.5 would promote Transportation Demand Management programs, which encourage the use of alternative transportation modes, and promote mass transit use.
Given that future development would undergo project -by -project review, be regulated by the adopted zoning district regulations for the affected residential land use district, and be subject to compliance with General Plan policies, impacts involving consistency with the AQMP would be less than significant.
Mitigation Measures: No mitigation is required.
4.3(b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation?
Less Than Significant Impact. The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Future residential development that would occur pursuant to the Housing Element Update would primarily occur primarily as infill and redevelopment. However, construction activities would generate pollutant emissions, including but not limited to site grading, operation of construction equipment, and vehicle activities. Future development permitted that would occur pursuant to the Housing Element Update would also generate pollutant emissions from stationary equipment, new vehicular trips, off -site power and natural gas generation, etc. As the proposed Housing Element Update encompasses a programmatic project, no emission calculations are necessary in the preparation of this document. Notwithstanding, future development that would occur pursuant to the Housing Element Update could violate air quality standards or contribute substantially to an existing or projected air quality violation. The GPEIR concluded certain projects implemented under the General Plan could individually exceed the SCAQMD thresholds, and the total amount of construction under the General Plan could also exceed the SCAQMD's thresholds. This September 30, 2011 26 Initial Study/Negative Declaration
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impact would remain significant and unavoidable, despite compliance with General Plan policies.3 The GPEIR concluded air emissions associated with General Plan implementation would also occur as a result of operation of new land uses. Given that the thresholds of significance for these new emissions were developed for individual development projects, the SCAQMD does not recommend calculation of operational emissions for a planning document, such as the General Plan or General Plan Element. The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Development that would occur pursuant to the Housing Element Update was considered in the GPEIR analysis and there are no proposed changes to land use designations that would result in increased densities/intensities that were not included in the GP. As such, potential impacts from future development that would occur pursuant to the Housing Element Update involving potential violations of air quality standards were anticipated in the GP/GPEIR. Implementation of the proposed Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified.
Future discretionary development would undergo environmental and/or development review on a project - by -project basis based upon the requirements established within the zoning district regulations in order to determine air emissions and potential violations of air quality standards. Additionally, the Housing Element Update proposes residential use densities within the various land use districts that would be no greater than allowed by the General Plan Land Use Element, thus, would not result in greater air emissions than identified and analyzed in the GPEIR. Future development would also be subject to compliance with General Plan policies that would help reduce short- and long-term air pollutant emissions. General Plan Policies NR 6.1 through 6.9 are intended to reduce mobile source emissions, Policies NR 7.1 to 7.4 are intended to reduce air emissions from stationary sources, Policy NR 8.1 is intended to reduce air emissions from construction activities, and Policies LU 5.3.1 to 5.3.3, LU 6.14.5, and 6.15.9 are intended to reduce vehicle miles traveled by promoting mixed -use districts, including within residential land use districts. Given that future development would undergo project -by -project review, would be regulated by the Newport Beach Zoning Code development standards, and be subject to compliance with General Plan policies, impacts resulting from short- and long-term air pollutant emissions would be less than significant.
Mitigation Measures: No mitigation is required.
4.3(c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard (including releasing emissions, which exceed quantitative thresholds for ozone precursors)?
Less Than Significant Impact. Refer to Response 4.3(b)_ Mitigation Measures: No mitigation is required.
4.3(d) Expose sensitive receptors to substantial pollutant concentrations? Less Than Significant Impact. Sensitive receptors are defined as facilities or land uses that include members of the population that are particularly sensitive to the effects of air pollutants, such as children, the elderly, and people with illnesses. Examples of these sensitive receptors are residences, schools, hospitals, and daycare centers. CARB has identified the following groups of individuals as the most likely to be affected by air pollution: the elderly over 65, children under 14, athletes, and persons with cardiovascular and chronic respiratory diseases such as asthma, emphysema, and bronchitis.
Sensitive receptors are located throughout the City. To identify impacts to sensitive receptors, the SCAQMD recommends addressing localized significance thresholds for construction and operations impacts, as well as a carbon monoxide hot -spots analyses. 3 Ibid., Page 4.2-14.
September 30, 2011 27 Initial Study/Negative Declaration
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Housing Element Update
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The construction of individual projects could potentially lead to fugitive emissions and other pollutants affecting sensitive land uses. Increased traffic volumes on City streets could also lead to increases in traffic congestion and associated vehicle emissions, which could impact sensitive receptors. However, the GPEIR concluded sensitive receptors within the City would not be exposed to substantial pollutant concentrations, and the potential impacts of General Plan implementation would be less than significant .4 The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Development that would occur pursuant to the Housing Element Update was considered in the GPEIR analysis and there are not proposed changes to the land use designations that would result in increased densities/intensities that were not included in the GP. As such, potential impacts from future development that would occur pursuant to the Housing Element Update involving potential exposure of sensitive receptors to substantial pollutant concentrations were anticipated in the GP/GPEIR. Implementation of the proposed Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified.
Future discretionary development would undergo environmental and/or development review on a project - by -project basis based upon the requirements established within the GP and other adopted plans and programs in order to determine pollutant concentrations. More specifically, future development may be required to prepare an air quality analysis that evaluates the air emission impacts during construction. The SCAQMD requires a quantified assessment of a CO hot -spot when a project increases the volumes to capacity ratio (also called the intersection capacity utilization) by 0.02 (two percent) for any intersection with an existing level of service (LOS) D or worse. The project specific air quality analysis would provide mitigation measures to off -set impacts associated with that development. Given that future development would undergo project -by -project review, no potential impacts involving the exposure of sensitive receptors to substantial pollutant concentrations are anticipated to occur as a result of project implementation.
Mitigation Measures: No mitigation is required.
4.3(e) Create objectionable odors affecting a substantial number of people? Less Than Significant Impact. Odors are one of the most obvious forms of air pollution to the general public. Although offensive odors seldom cause physical harm, they can be a nuisance to the general public. Most people determine an odor to be offensive (objectionable) if it is sensed longer than the duration of a human breath, typically two to five seconds. The SCAQMD handbook states that land uses associated with odor complaints typically include agricultural uses, wastewater treatment plants, food processing plants, chemical plants, composting, refineries, landfills, dairies, and fiberglass molding. Future discretionary development projects would be required to prepare a project specific air quality analysis. An odor assessment would be required as part of the air quality analysis should the proposed development have the potential to create objectionable odors.
The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. The construction activity from future residential development that would occur pursuant to the Housing Element Update may generate detectable odors from heavy-duty equipment exhaust. Construction -related odors would be short- term in nature and cease upon project completion. Additionally, the GPEIR concluded General Plan implementation would not create objectionable odors affecting a substantial number of people within the City and potential impacts would be less than significant.5 Since future development in compliance with the Housing Element Update would be consistent with the General Plan, there are no impacts that were not evaluated within the program EIR. As such, potential impacts from future development permitted by the Ibid., Page 4.2-16.
5 Ibid., Page 4.2-17,
September 30, 2011 28 Initial StudylNegative Declaration
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Housing Element Update involving the creation of objectionable odors were anticipated in the GP/GPEIR.
Implementation of the proposed Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified and evaluated in that document. Given that future development would undergo project -by -project review, potential impacts involving the creation of objectionable odors would be less than significant.
Mitigation Measures: No mitigation is required.
4.4 BIOLOGICAL RESOURCES
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a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or ■
regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service?
b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, ■
policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service?
c. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but ■
not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native ■
resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?
e. Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? ■
f. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved ■
local, regional, or state habitat conservationplan?
Impact Analysis
4,4(a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service?
Less Than Significant Impact. Sensitive habitat within the City consists of Diegan Coastal Sage Scrub, Riparian Habitat, and Native Grasslands. According to the California Native Diversity Database (CNDDB) search conducted for the GPEIR, the City has the potential for 78 special status wildlife species and 33 plant species. However, not all of these species are found within the City due to the lack of suitable habitat.
Since future development permitted by the Housing Element Update would occur primarily as infill and redevelopment, Project implementation is not anticipated to have a substantial adverse effect on any species identified as a candidate, sensitive, or special status. Moreover, implementation of the Housing September 30, 2011 29 Initial Study/Negative Declaration
City of Newport Beach
Housing Element Update
Initial Study/Negative Declaration
Element Update would not directly remove sensitive vegetation communities or species, because the Housing Element does not infer direct development rights. Notwithstanding, due to the conceptual nature of the future development permitted by the Housing Element Update, the potential exists for adverse impacts to species identified as a candidate, sensitive, or special status. Additionally, future development may result in the removal of mature trees that provide perching or nesting habitat for migratory birds and raptors and may result in a "take" of one of the special status species. However, the GPEIR concluded compliance with General Plan policies would result in less than significant impacts to candidate, sensitive, and special status species.6 The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand.
Development that would occur pursuant to the Housing Element Update was considered in the GPEIR analysis and there are not proposed changes to the land use designations that would result in increased densities/intensities that were not included in the GP. As such, potential impacts to candidate, sensitive, and special status species from future development permitted by the Housing Element Update were anticipated in the GP/GPEIR. Implementation of the proposed Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than those previously identified and evaluated in that document.
Future discretionary residential development would undergo environmental and/or development review on a project -by -project basis based upon the development requirements established within the Newport Beach Zoning Code and other long-range plans and programs in order to determine potential impacts to candidate, sensitive, and special status species. As prescribed in the GPEIR, future residential development may be required to comply with the NCCP/HCP, the Migratory Bird Treaty Act, Federal Endangered Species Act, and the California Endangered Species Act. Additionally, future development would also be required to comply with General Plan policies that would reduce potential impacts on candidate, sensitive, and special status species. Namely, implementation of Policies NR10.1 to 10.13 provide protection to sensitive and rare terrestrial and marine resources from urban development (Policy NR 10.4 requires a site -specific survey and analysis), Policies NR 11.1 to 11.3 require protection of eelgrass meadows, and Policies 12.1 to
12.3 require protection of coastal dune habitats. Given that future development would undergo project -by - project review (a site -specific survey and analysis may be required), and be subject to compliance with Federal/State and General Plan policies, impacts to candidate, sensitive, and special status species would be less than significant.
Mitigation Measures: No mitigation is required.
4.4(b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Less Than Significant Impact. Riparian habitat is known to occur throughout the City. Since future residential development permitted in accordance with the Housing Element Update would occur primarily as infill and redevelopment, Project implementation is not anticipated to have a substantial adverse effect on any riparian habitat. Moreover, implementation of the Housing Element Update would not directly remove riparian or other sensitive habitats, because, as previously discussed, the Housing Element Update does not infer direct development rights. Notwithstanding, due to the conceptual nature of the future residential development permitted by the General Plan Update, the potential exists for adverse impacts to riparian habitats. However, the GPEIR concluded that compliance with General Plan policies would mitigate the potentially significant adverse impacts occurring to these resources, resulting in less than significant impacts to riparian habitats.' The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Development that would occur pursuant to the Housing Element Update was considered in the 6 Ibid., Page 4.2-23.
Ibid., Page 4.2-25.
September 30, 2011 30 Initial Study/Negative Declaration
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Housing Element Update
Initial Study/Negative Declaration
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GPEIR analysis and there are not proposed changes to the land use designations that would result in increased densities/intensities that were not included in the GP. As such, potential impacts to riparian habitats from future development permitted by the Housing Element Update were anticipated in the GP/GPEIR. Implementation of the proposed Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified.
Future discretionary development would undergo environmental and/or development review on a project - by -project basis based upon the requirements established in the long-range plans and programs adopted by the City of Newport Beach in order to determine potential impacts to riparian habitats. Future development would be subject to compliance with Section 404 of the Clean Water Act and the Section 1600 of the California Fish and Game Code, which regulate the alteration of riparian vegetation. Additionally, future development would be subject to compliance with General Plan policies that would reduce potential impacts on riparian habitats. Namely, Policies NR 10.1 through NR 10.7 would require reduction or avoidance of impacts to riparian areas by ensuring cooperation with resource protection agencies, organizations, and conservation plans, and limiting or placing constraints on future development within identified ESAs or areas containing significant or rare biological resources. In addition, Policies NR 10.9 and NR 10.10 would require protection of existing or potential riparian habitats, and encourage restoration of the ESAs located within the Planning Area. Policies NR 13.1 and NR 13.2 would serve to protect wetlands and their riparian habitat, and require a survey and analysis of future General Plan development within a delineated wetland area. Given that future development would undergo project -by -project review and be subject to compliance with Federal/State and General Plan policies, no impacts are anticipated to occur to riparian habitats as a result of project implementation.
Mitigation Measures: No mitigation is required.
4.4(c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? No Impact. According to the GPEIR, wetlands are known to occur throughout the City. Since future development permitted by the Housing Element Update would occur primarily as infill and redevelopment, Project implementation is not anticipated to have a substantial adverse effect on wetlands. Moreover, implementation of the Housing Element Update would not directly remove wetlands, because it does not infer direct development rights. Additionally, the GPEIR concluded compliance with General Plan policies would result in no impacts to wetlands. The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Development that would occur pursuant to the Housing Element Update was considered in the GPEIR analysis and there are not proposed changes to the land use designations that would result in increased densities/intensities that were not included in the GP. As such, potential impacts to wetlands from future development permitted by the Housing Element Update were considered in the GP/GPEIR. Implementation of the proposed Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified.
Future discretionary residential development pursuant to the Housing Element Update would be required to undergo environmental and/or development review on a project -by -project basis based upon the requirements established by the City and regulatory and/or resource agencies in order to determine potential impacts to wetlands. Future development would be subject to compliance with Section 404 of the Clean Water Act, which requires that a permit be obtained from the Army Corps of Engineers (ACOE) prior to discharge or dredged or fill material into any "waters of the United States" and/or California Department of Fish & Game (CDFG) prior to similar activities into any "waters of the State." Should development occur within wetland areas, Federal and State regulations would be implemented to protect resources from development through the ACOE and/or CDFG permitting process. Additionally, future development would e Ibid., Page 4.2-27.
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be subject to compliance with General Plan policies that would reduce potential impacts on wetlands.
Namely, Policies NR 13.1 and NR 13.2 would protect, maintain, and enhance the City's wetlands. Policies NR 14.1 to NR 14.4 would serve to maintain and enhance deep water channels and ensure they remain navigable by boats through the management of dredging and maintaining the capacity of wetlands and estuaries. Policies NR 15.1 to NR 15.3 would serve to ensure the proper disposal of dredge spoils to avoid disruption to natural habitats through monitoring and management of sediment. Given that future development would undergo project -by -project review and would be subject to compliance with Federal/State laws and regulations, including the "no net wetland loss" policy currently in place, as well as General Plan policies, project implementation would not result in potentially significant impacts to wetlands.
Mitigation Measures: No mitigation is required.
4.4(d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?
Less Than Significant Impact. Given that the City is primarily a built -out area, it is anticipated that future residential development proposed pursuant to the Housing Element Update would generally consist of infill and redevelopment. Additionally, the GPEIR concluded new urban uses within the City's developed areas would not have a substantial effect on the movement of native resident of migratory wildlife species or corridors, and impacts on these areas would be less than significant.9 Development permitted by the Housing Element Update was considered and analyzed in the GPEIR analysis, since additional residential development was assumed and there are no proposed changes to residential land use designations that would result in increased densities that were not included in the GP. As such, potential impacts to migratory wildlife species or corridors from future development permitted by the Housing Element Update were anticipated in the GP/GPEIR. Implementation of the proposed Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified.
Future discretionary development would undergo environmental and/or development review on a project - by -project basis based upon the requirements established by the City of Newport Beach in its adopted long- range plans and programs as well as by regulatory/resource agencies in order to ensure that migratory wildlife species or corridors are not adversely impacted. Future development would also be subject to compliance with General Plan policies that would serve to protect migratory wildlife species or corridors. In particular, Policies NR 10.1 and NR 10.2 would serve to ensure that all future development cooperates with the regulatory framework and complies with NCCP policies. Policies NR 10.3 and NR 10.4 would serve to protect and prohibit development in nature preserves, conservation areas, and designated open space areas, and would require a site -specific study be prepared where development would occur within or contiguous to such areas. Policies NR 10.5, NR 10.7, and NR 10.8 would serve to prevent disruption, and ensure protection of sensitive habitat though siting and design requirements. Policies NR 12.1 through NR
12.3 would serve to protect coastal dune habitats (movement corridors for coastal wildlife species). Policies NR 13.1 and NR 13.2 would serve to protect, maintain, and enhance the Planning Area's wetlands, another movement corridor for a variety of aquatic, terrestrial, and avian species. Given that future development would undergo project -by -project review, and be subject to compliance with General Plan policies, impacts to migratory wildlife species or corridors would be less than significant.
Mitigation Measures: No mitigation is required.
4.4(e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
9 Ibid., Page 4.3-28.
September 30, 2011 32 Initial Study/Negative Declaration
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Housing Element Update
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Less Than Significant Impact. Future residential development permitted under the Housing Element Update would be subject to all applicable federal, state, and local policies and regulations related to preservation of biological resources. Specific local regulations consist of Council Policy G-1, Retention or Removal of City Trees, and Newport Beach Municipal Code (NBMC) Chapter 7.26, Protection of Natural Habitat for Migratory and Other Waterfowl. Future development would be subject to compliance with General Plan Policies NR 10.1 and NR 10.3, which would serve to ensure that all future development cooperates with the regulatory framework and complies with NCCP policies, as well as all policies specified in GPEIR Section 4.3, Biological Resources, which are intended to protect biological resources. That analysis concluded that potential impacts to such resources would be less than significant.
Mitigation Measures: No mitigation is required.
4.4(f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan?
No Impact. The Central and Coastal Orange County Natural Community Conservation Plan and Habitat Conservation Plan (NCCP/HCP) and the associated Implementation Agreement cover 13 cities, including Newport Beach. Therefore, the City is within jurisdiction of the NCCP/HCP. The purpose of the NCCP/HCP is to create a multi -species, multi -habitat reserve system and implementation of a long-term management program that will protect primarily coastal sage scrub and the species that utilize this habitat.
The GPEIR concluded compliance with General Plan policies would result in no impacts involving the NCCP/HCP.10 The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand.
Development that would occur pursuant to the Housing Element Update was considered in the GPEIR analysis and there are not proposed changes to the land use designations that would result in increased densities/intensities that were not included in the GP. As such, potential conflicts with the NCCP/HCP from future development permitted by the Housing Element Update were considered in the GP/GPEIR.
Implementation of the proposed Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified.
Future discretionary development would undergo environmental and/or development review on a project - by -project basis based upon the requirements established by the City in adopted long-range plans and programs as well as by regulatory/resource agencies in order to determine potential conflicts with the NCCP/HCP. Additionally, future development would be subject to compliance with General Plan policies that would ensure consistency with the NCCP/HCP. Namely, Policy NR 10.2 states that future development must comply with the policies contained within the Orange County NCCP. In addition, Policy NR 10.1 states that future development shall cooperate with state and federal agencies, and private organizations, in the protection of the Planning Area's biological resources. Given that future development would undergo project -by -project review, and would be subject to compliance with General Plan policies, conflicts with the NCCP/HCP would not occur.
Mitigation Measures: No mitigation is required
10 Ibid., Page 4.2-29.
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4.5 CULTURAL RESOURCES
a. Cause a substantial adverse change in the significance of a historical resource as defined in CEQA Guidelines 15064.5? b. Cause a substantial adverse change in the significance of an M
archaeological resource pursuant to CEQA Guidelines 15064.5? c. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
d. Disturb any human remains, including those interred outside of ■
formal cemeteries?
Impact Analysis
4.5(a) Cause a substantial adverse change in the significance of a historical resource as defined in CEQA Guidelines §15064.5?
Less Than Significant Impact. GPEIR Figure 4.4-1, Historic Resources, illustrates the locations of the 11 properties within the City that have been listed or designated eligible for listing on the NRHP or CRHR, or otherwise listed as historic or potentially historic in the California Historic Resources Information System (CHRIS) maintained by the Office of Historic Preservation. The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Future residential development permitted under the Housing Element Update would generally consist of infill and redevelopment. Therefore, future development and/or redevelopment could cause a potentially substantial adverse change in the significance of a historical resource. Additionally, the GPEIR concluded redevelopment of a site could result in the demolition of historic or potentially historic structures, and infrastructure or other public works improvements could result in damage to or demolition of other historic features. These impacts would remain significant and unavoidable, despite compliance with General Plan policies." The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Development that would occur pursuant to the Housing Element Update was considered in the GPEIR analysis and there are not proposed changes to the land use designations that would result in increased densities/intensities that were not included in the GP. As such, potential impacts to historic resources from future development permitted by the Housing Element Update were anticipated in the GP/GPEIR. Implementation of the proposed Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified.
Future discretionary development would undergo environmental and/or development review on a project - by -project basis based upon the requirements established by the City of Newport Beach in order to ensure that historic resources are not adversely impacted. Future development would be subject to Federal, State, and local regulations, and institutions in place to protect the City's historical resources. Additionally, future development would be subject to compliance with General Plan policies that would protect the City's historic resources. In particular, Policies HR 1.1 through HR 1.5 are intended to provide protection of historically significant landmarks, sites, and structures by requiring that the Historical Resources Inventory be maintained and updated, encouraging the preservation and adaptive reuse of historic structures, promoting the placement of historical landmarks throughout the City, encouraging adaptive reuse, and mandating the " Ibid., Page 4.4-15,
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incorporation of historical elements in new redevelopment projects in the City. Specifically, Policy HR 1.2 focuses on preserving structures listed in the National Register of Historic Places, the List of California Historic Landmarks, and the Newport Beach Register of Historic Property by offering incentives. In addition to encouraging the placement of historical landmarks, photographs, markers, and plaques at areas of historical interest or value, Policy HR 1.3 would serve to create a Landmark Plan to recognize and designate culturally important heritage sites that are eligible for the placement of historical landmarks or plaques. Policy HR 1.4 encourages alternatives to demolition of historical sites through providing incentives. If preservation or adaptive reuse is not possible, Policy HR 1.5 requires that a project incorporate a physical link to the past within the site or structural design. Given that future development would undergo project -by -project review, be regulated by the Federal/State regulatory framework, and be subject to compliance with General Plan policies, impacts to historic resources would be less than significant.
Mitigation Measures: No mitigation is required.
4.5(b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to CEQA Guidelines §15064.5?
Less Than Significant Impact_ According to the GPEIR, Newport Beach has had a long cultural history and has been home to Native American groups, since before Euro-American settlement. Due to the historic nature of Newport Beach, archaeological materials have been found during ground -disturbing activities, particularly in areas that have not previously been developed. Moreover, archaeological resources may be present under existing buildings.
According to the GPEIR, several locations within the City have known significant paleontological resources.
These areas include areas underlain by the Vaqueros formation, such as the Newport Coast and the Newport Banning Ranch area, the Topanga and Monterey Formations, and Fossil Canyon in the North Bluffs area. Therefore, any ground -disturbing activities in these areas could potentially result in damage to or destruction of fossils in the formations.
Project implementation is not anticipated to cause a substantial adverse change in the significance of an archaeological/paleontological resource. The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Since, the City is primarily a built -out area, it is anticipated that future development permitted in accordance with the Housing Element Update would generally consist of infill and redevelopment. Future development sites have already been subject to extensive disruption and may contain artificial fill materials. As such, any archaeological/paleontological resources, which may have existed on the development sites, have likely been disturbed. Notwithstanding, due to the conceptual nature of the future development and the known existence of archaeological/paleontological resources in the area, future development permitted by the Housing Element Update could cause a substantial adverse change in the significance of an archaeological/paleontological resource. However, the GPEIR concluded compliance with General Plan policies would ensure impacts to archaeological and Native American cultural resources, and paleontological resources would be less than significant, by requiring the scientific recovery and evaluation of any resources that could be encountered during construction of future development.
Development that would occur pursuant to the Housing Element Update was considered in the GPEIR analysis and there are not proposed changes to the land use designations that would result in increased densities/intensities that were not included in the GP. As such, potential impacts to archaeological/paleontological resources from future development permitted by the Housing Element Update were anticipated in the GP/GPEIR. Implementation of the proposed Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified.
12 Ibid., Pages 4.4-16 and 4.4-17.
September 30, 2011 35 Initial StudylNegative Declaration
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Housing Element Update
Initial Study/Negative Declaration
Future discretionary development would undergo environmental and/or development review on a project - by -project basis based upon the permit requirements established by the City of Newport Beach in order to ensure that archaeological resources are not adversely impacted. Future development would be subject to compliance with "Archaeological Guidelines (K-5)" and "Paleontological Guidelines (K-4)," established by the Newport Beach City Council, in order to ensure the preservation of significant archeological/paleontological resources and require that the impact caused by any development be mitigated with CEQA. Moreover, future development would also be subject to compliance with General Plan policies that would protect the City's archaeological/paleontological resources. In particular, Policy HR
2.1 and Policy NR 18.1 require that any new development protect and preserve archaeological resources from destruction, and that potential impacts to such resources be avoided and minimized through planning policies and permit conditions. Other policies under Goal HR 2 and Goal NR 18 serve to ensure that information resources are maintained regarding these resources; grading and excavation activities where there is a potential to affect cultural or archaeological resources be monitored by a qualified archaeologist; cultural organizations are notified of all developments that have the potential to adversely impact these resources; and that any new development donates scientifically valuable archaeological resources to a responsible public or private institution. Policy HR 2.2 would serve to ensure that sources of information regarding paleontological and archeological sites and the names and addresses of responsible organizations and qualified individuals, who can analyze, classify, record, and preserve paleontological or archeological findings would continue to be maintained. A qualified paleontologist/archeologist would be required to monitor all grading/ excavation where there is a potential to affect cultural, archeological or paleontological resources. Given that future development would undergo project -by -project review, be regulated by the City's Archaeological Guidelines, and be subject to compliance with General Plan policies, impacts to archaeological resources would be less than significant.
Mitigation Measures: No mitigation is required.
4.5(c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
Less Than Significant Impact. Refer to Response 4.5(b), Mitigation Measures: No mitigation is required.
4.5(d) Disturb any human remains, including those interred outside of formal cemeteries? Less Than Significant Impact. Human burials have been found throughout the City. The burials outside of a formal cemetery have been found in prehistoric archaeological contexts. Project implementation is not anticipated to disturb any human remains. Since, the City is primarily a built -out area, it is anticipated that future development permitted by the Housing Element Update would generally consist of infill and redevelopment. Future development sites have already been subject to extensive disruption and may contain artificial fill materials. Due to the level of past disturbance on the development sites, it is not anticipated that human remains, including those interred outside of formal cemeteries, would be encountered during earth removal or disturbance activities. Additionally, the GPEIR concluded compliance with existing Federal, State, and local policies would ensure that the General Plan's impact on human burial grounds would be reduced to a less than significant level by ensuring appropriate examination, treatment, and protection of human remains, as required by law.13 Notwithstanding, ground -disturbing activities, such as grading or excavation, have the potential to disturb as yet unidentified human remains. If human remains were found, those remains would require proper treatment, in accordance with applicable laws.
State of California Public Resources Health and Safety Code Section 7050.5-7055 describe the general provisions for human remains. Specifically, Health and Safety Code Section 7050.5 describes the requirements if any human remains are accidentally discovered during excavation of a site. As required by State law, the requirements and procedures set forth in Section 5097.98 of the California Public Resources 13 Ibid., Page 4.4-18_
September 30, 2011 36 Initial Study/Negative Declaration
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Code would be implemented, including notification of the County Coroner, notification of the Native American Heritage Commission, and consultation with the individual identified by the Native American Heritage Commission to be the "most likely descendant." If human remains are found during excavation, excavation must stop in the vicinity of the find and any area that is reasonably suspected to overly adjacent remains until the County coroner has been called out, and the remains have been investigated and appropriate recommendations have been made for the treatment and disposition of the remains. Following compliance with State regulations, which detail the appropriate actions necessary in the event human remains are encountered, potential impacts would be considered less than significant.
Mitigation Measures: No mitigation is required.
4.6 GEOLOGY AND SOILS
a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving:
1) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map
issued by the State Geologist for the area or based on other ■
substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42.
2) Strong seismic ground shaking?
■
3) Seismic -related ground failure, including liquefaction? ■
4) Landslides?
■
b. Result in substantial soil erosion or the loss of topsoil? ■
c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in ■
on -site or off -site landslide, lateral spreading, subsidence, liquefaction or collapse?
d. Be located on expansive soil, as defined in Table 18-1-B of the California Building Code (2001), creating substantial risks to life or ■
property?
e. Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers ■
are not available for the disposal of waste water?
Impact Analysis
4.6(a)(1) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault, as delineated on the most recent A/quist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42.
No Impact. The Alquist-Priolo Earthquake Fault Zoning Act was passed in 1972 to mitigate the hazard of surface faulting to structures for human occupancy. The Act's main purpose is to prevent the construction of buildings used for human occupancy on the surface trace of active faults. The Act requires the State Geologist to establish regulatory zones, known as "Earthquake Fault Zones," around the surface traces of September 30, 2011 37 Initial Study/Negative Declaration
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ap/Pages/affected.aspx. Accessed May 18, 2010.
15 EIP Associates, City of Newport Beach General Plan 2006 Update Draft EIR, Page 4.5-14.
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the CBC and NBMC, and be subject to compliance with General Plan policies, impacts involving the exposure of people/structures to strong seismic ground shaking would be less than significant.
Mitigation Measures: No mitigation is required.
4.6(a)(3) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving seismic -related ground failure, including liquefaction? Less Than Significant Impact. Liquefaction can occur in loose soils in response to severe ground shaking. Liquefaction susceptibility is based on both geologic and geotechnical data. According to the GPEIR, the City is susceptible to liquefaction and ground failure in the coastline areas, including Balboa Peninsula, Newport Bay, Upper Newport, the lower reaches of major streams in Newport Beach, and the floodplain of the Santa Ana River. The majority of the City's mapped liquefiable area has been built upon.
Earthquake -induced landslides of steep slopes occur in either bedrock or soils and can result in undermining of buildings, severe foundation damage and collapse. Hillside areas could pose a potential hazard from earthquake -induced landslides. The central and eastern areas of the City have been identified as vulnerable to seismically induced slope failure.
The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Future development permitted pursuant to the Housing Element Update could expose people or structures to adverse effects involving seismic -related liquefaction and/or landslides. However, the GPEIR concluded that compliance with applicable regulations, as well as General Plan policies, would ensure that impacts would be less than significant.'6 As such, the exposure of people/structures to potential adverse effects involving seismic - related liquefaction or landslides from future development permitted by the Housing Element Update were anticipated in the GP/GPEIR. Implementation of the proposed Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified.
Future discretionary development would undergo environmental and/or development review on a project - by -project basis based upon the requirements established by the City and other regulatory agencies in order to ensure that the exposure of future residents/structures to potential adverse effects involving seismic -related liquefaction and landslides is minimized. Numerous controls would be imposed on future development through the permitting process implemented by the City of Newport Beach. In general, the City regulates development (and reduces potential seismic hazards) under the requirements of the CBC, local land use policies, and zoning, and project specific mitigation measures. Compliance with the CBC standards would require an assessment of hazards related to landslides and liquefaction and the incorporation of design measures into structures to mitigate these hazards. Site -specific geotechnical studies would be required prior to development, in order to determine the soil properties and specific potential for liquefaction. Additionally, development proposed on steep terrain would require site -specific slope stability design, in order to ensure adherence to the standards contained in City Building Code Appendix Chapter A33, Excavation and Grading. The effects of liquefaction and landslides would be sufficiently mitigated for structures designed and constructed in conformance with current CBC and engineering standards. Additionally, the proposed Newport Beach Zoning Code includes provisions that would avoid or minimize impacts of the exposure of future residents/structures to potential adverse effects involving seismic -related landslides. More specifically, the Bluff Overlay District requires the implementation of specific General Plan policies that require limiting development to ensure safety. The Fences, Hedges, Walls and Retaining Walls section limits the height of retaining walls and require that they be terraced to help minimize alteration of slopes. Moreover, future development would also be required to comply with General Plan policies that would result in minimizing the exposure of future residents/structures to potential adverse effects involving seismic -related liquefaction and landslides. Specifically, Policies S 4.1 's Ibid., Page 4.5-15.
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through S 4.6 require new development to be in compliance with the most recent seismic and other geologic hazard safety standards, and the protection of community health and safety through the implementation of effective, state of the art standards for seismic design of structures in the City. Given that future development would undergo project -by -project review, be regulated by the CBC and Newport Beach Municipal Code (NBMC), and be subject to compliance with all relevant General Plan policies, impacts involving the exposure of future residents/structures to seismic -related liquefaction and landslide would be less than significant.
Mitigation Measures: No mitigation is required.
4.6(a)(4) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving landslides?
Less Than Significant Impact. Refer to Response 4.6(a)(3), Mitigation Measures: No mitigation is required.
4.6(b) Result in substantial soil erosion or the loss of topsoil? Less Than Significant Impact. As indicated previously, most of the City is built -out; therefore, topsoil erosion is not a significant issue in the areas where topsoil is not exposed. However, soil erosion is a concern along the shoreline and for undeveloped areas within the City.
Clearing, grading, and excavation associated with future residential development permitted under the Housing Element Update could expose soils to minimal short-term erosion by wind and water, and loss of topsoil. Specific erosion impacts would depend largely on the areas affected and the length of time soils are subject to conditions that would be affected by erosion processes. However, the GPEIR concluded that compliance with applicable regulations, as well as General Plan policies, would ensure that impacts would be less than significant." As such, soil erosion impacts from future development permitted under the Housing Element Update were anticipated in the GP/GPEIR. Implementation of the proposed Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified.
Future discretionary development would undergo environmental and/or development review on a project - by -project basis based upon the development standards prescribed in the NBMC, Newport Beach General Plan and/or other related long-range plans and programs in order to ensure that substantial soil erosion would not occur. Compliance with NBMC Chapter 15.10, Excavation and Grading Code, would be required.
Chapter 15.10 sets forth rules and regulations to control excavation, grading, drainage conditions, erosion control, earthwork construction, and the use of earth materials as a structural component; and provides for the approval of plans and inspection of grading construction and drainage control. Additionally, the Newport Beach Zoning Code includes provisions intended to minimize soil erosion. In particular, the Landscaping Standards chapter of the Zoning Code provides landscape standards to control soil erosion.
All demolition and construction activities within the City would be subject to compliance with the CBC, as follows:
• CBC Chester 70. Standards that would ensure implementation of appropriate measures during grading activities to reduce soil erosion.
• CBC Chapter 33. Regulates excavation activities and the construction of foundations. • CBC Appendix Chapter 33. Regulates grading activities, including drainage and erosion control. 17 Ibid., Page 4.5-16.
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Project sites encompassing an area of one or more acres would require compliance with a National Pollutant Discharge Elimination System (NPDES) permit and consequently the development and implementation of a Storm Water Pollution Prevention Plan (SWPPP)- refer to Response 4.9(a) below.
Moreover, future development would be subject to compliance with General Plan policies that would ensure that new development would not result in substantial soil erosion or loss of topsoil. More specifically, Policies NR 3.11, NR 3.12, and NR 3.13 would require compliance with applicable local, State, or Federal laws, ensuring maximum practicable protection available for soils excavated during the construction and building associated with infrastructure. Given that future development would undergo project -by -project review, be regulated by the CBC, NBMC, and NPDES, and be subject to compliance with General Plan policies, impacts involving soil erosion would be less than significant.
Mitigation Measures: No mitigation is required.
4.6(c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in an on -site or off -site landslide, lateral spreading, subsidence, liquefaction or collapse?
Less Than Significant Impact. The majority of the City is underlain by compressible soils. Other soils in the City are low -density and/or manmade. The low -density soils are susceptible to liquefaction if sandy in nature and saturated in water. Manmade fill areas can be expansive depending on the type of fill used.
The City is also underlain by geologic units, both surficial soils and bedrock that have fine-grained components that are moderate to highly expansive. Fine-grained soils are susceptible to expansion due to the clay components.
The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Future discretionary development permitted by the Housing Element Update could be located on an unstable geologic unit or soil, resulting in collapse, subsidence, differential settlement, lateral spreading, or heaving. However, the GPEIR concluded that compliance with Code requirements and General Plan policies would ensure that impacts would be less than significant.'$ As such, the exposure of future residents/structures to potential adverse effects involving unstable geologic units/soils from future development permitted by the Housing Element Update were anticipated in the GP/GPEIR. Implementation of the proposed Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified.
Future development would undergo environmental and/or development review on a project -by -project basis based upon the requirements established within the City's Zoning Code, CBC, and other regulatory requirements adopted by the City of Newport Beach in order to ensure that the exposure of future residents/structures to potential adverse effects involving unstable geologic units is minimized. An acceptable degree of soil stability can be achieved for expansive or compressible material through compliance with the CBC requirements. Also, a site -specific evaluation of soil conditions is required by the City Building Code and must contain recommendations for ground preparation and earthwork specific to the site, that become an integral part of the construction design. As part of the construction permitting process, the City requires completed reports of soil conditions at specific construction sites to identify potentially unsuitable soil conditions. Moreover, future development would be subject to compliance with General Plan policies that would minimize the exposure of people/structures to potential adverse effects involving unstable geologic units/soils. Policies S 4.1 through S 4.6 require new development to be in compliance with the most recent seismic and other geologic hazard safety standards- More specifically, compliance with Policies S 4.4 and S 4.6 would serve to ensure that development is not located on unstable soils or geologic units. Given that future development would undergo project -by -project review, be regulated by the 18 Ibid., Page 4.5-17.
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CBC and NBMC, and be subject to compliance with General Plan policies, impacts involving the exposure of people/structures to unstable geologic units/soils would be less than significant.
Mitigation Measures: No mitigation is required.
4.6(d) Be located on expansive soil, as defined in Table 18-1-8 of the California Building Code (2001), creating substantial risks to life or property? Less Than Significant Impact. Expansive soils have a significant amount of clay particles that give up water (shrink) or take on water (swell). The change in volume exerts stress on buildings and other loads placed on these soils. The City is underlain by materials that have a low to moderate expansion potential.
The variation in expansion potential depends on the geologic or soil type present.
The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Future development permitted pursuant to the proposed Housing Element Update could be located on expansive soils, creating substantial risk to life/property. However, the GPEIR concluded that compliance with Code requirements and General Plan policies would ensure that impacts would be less than significant.19 As such, the creation of substantial risk to life/property involving expansive soils from future development permitted by the Housing Element Update were anticipated in the GP/GPEIR. Implementation of the proposed Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified.
Future discretionary development would undergo environmental and/or development review on a project - by -project basis based upon the development standards prescribed in the NBMC, Newport Beach General Plan and/or other related long-range plans and programs, including the requirements of the CBC and NBMC in order to ensure that risk to life/property from expansive soils is minimized. As part of the construction permitting process, the City requires completed reports of soil conditions at specific construction sites to identify potentially unsuitable soil conditions. The design of foundation support must conform to the analysis and implementation criteria described in CBC Chapter 15. Moreover, future development would be subject to compliance with General Plan Policies S4.4 and S4.6, which would serve to ensure that development is not located on unstable soils or geologic units. Given that future development would undergo project -by -project review, be regulated by the CBC and NBMC, and be subject to compliance with General Plan policies, impacts involving the creation of substantial risk to life/property from expansive soils would be less than significant.
Mitigation Measures: No mitigation is required.
4.6(e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water?
No Impact. Any future residential development would connect to the City's existing waste disposal system.
Therefore, future projects would not involve the use of septic tanks or alternative wastewater disposal systems. No significant impacts are anticipated.
Mitigation Measures: No mitigation is required
19 Ibid., Page 4.5-18.
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4.7 GREENHOUSE GAS EMISSIONS
a. Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?
b. Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? Impact Analysis
4.7(a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?
Less Than Significant Impact. Greenhouse gases (GHGs) are gases in the atmosphere that absorb and emit radiation. The greenhouse effect traps heat in the troposphere through the following three -fold process: short wave radiation emitted by the Sun is absorbed by the Earth; the Earth emits a portion of this energy in the form of long wave radiation; and GHGs in the upper atmosphere absorb this long wave radiation and emit this long wave radiation into space and toward the Earth. This "trapping" of the long wave (thermal) radiation emitted back toward the Earth is the underlying process of the greenhouse effect.
The main GHGs in the Earth's atmosphere are water vapor, carbon dioxide (COA methane (CH4), nitrous oxide (N20), ozone (03), hydrofluorocarbons (HCFs), perfluorocarbons (PFCs), and sulfur hexafluoride (SFs).
Direct GHG emissions include emissions from construction activities, area sources, and mobile (vehicle) sources. Typically, mobile sources make up the majority of direct emissions. Indirect GHG emissions are generated by incremental electricity consumption and waste generation. Electricity consumption is responsible for the majority of indirect emissions.
Regulatory Environment
In June 2005, Governor Schwarzenegger established California's GHG emissions reduction targets in Executive Order S-3-05. The Executive Order established the following goals:
• GHG emissions should be reduced to 2000 levels by 2010; • GHG emissions should be reduced to 1990 levels by 2020; and • GHG emissions should be reduced to 80 percent below 1990 levels by 2050.
California further solidified its dedication to reducing GHGs by setting a new Low Carbon Fuel Standard for transportation fuels sold within the State in 2007 with Executive Order S-1-07. Executive Order S-1-07 sets a declining standard for GHG emissions measured in CO2 equivalent gram per unit of fuel energy sold in California.
In response to the transportation sector accounting for more than half of California's CO2 emissions, Assembly Bill (AB) 1493 (AB 1493, Pavley) was enacted on July 22, 2002. AB 1493 required the California Air Resources Board (CARB) to set GHG emission standards for passenger vehicles, light duty trucks, and other vehicles whose primary use is noncommercial personal transportation in the State. Additionally, the California legislature enacted AB 32 (AB 32, Nunez) in 2006 to further the goals of Executive Order S-3-05.
AB 32 represents the first enforceable statewide program to limit GHG emissions from all major industries, with penalties for noncompliance.
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CARB adopted the AB 32 Climate Change Scoping Plan (Scoping Plan) in December 2008 to achieve reductions in GHG emissions in California pursuant to the requirements of AB 32. The Scoping Plan contains the main strategies California will use to reduce GHG emissions. AB 32 requires California to reduce its GHG emissions by approximately 28 to 33 percent below business as usual. CARB has identified reduction measures to achieve this goal as set forth in the Scoping Plan.
Per the Attorney General's Office, their recommended General Plan measures will reduce GHG emissions and the effects of climate change.20 Additionally, the Climate Action Team Report to Governor Schwarzenegger at the Legislature (CAT Report) provides "overarching recommendations considered essential by the (Climate Action Team) in meeting the statewide climate change emissions reduction targets" and "lays out a path forward to ensure that California's climate change emission reduction targets are met." The CAT Report identifies strategies designed to reduce California's GHG emissions and meet AB 32 and Executive Order S-3-05 goals. Therefore, compliance with all applicable CAT Report strategies and Attorney General's General Plan recommendations would ensure the proposed Project would help achieve the AB 32 and Executive Order S-3-05 goals to reduce GHG emissions for California.
Construction Emissions
CEQA does not require an agency to evaluate an impact that is "too speculative", provided that the agency identifies the impact, engages in a "thorough investigation" but is "unable to resolve an issue", and then discloses its conclusion that the impact is too speculative for evaluation. (CEQA Guidelines Section 15145, Office of Planning and Research Commentary). Pursuant to CEQA Guidelines Section 15146(b):
An EIR on a project such as the adoption or amendment of a comprehensive zoning ordinance or a local general plan should focus on the secondary effects that can be expected to follow from the adoption or amendment, but the EIR need not be as detailed as an EIR on the specific construction projects that might follow.
The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Construction of future residential development permitted under the proposed Housing Element Update would result in GHG emissions from the use of construction equipment. However, details of these future construction activities are unknown at this time, and therefore, cannot be quantified. Nonetheless, compliance with General Plan Policy NR 8.1 would serve to reduce air emissions from construction activities. Therefore, compliance with GP Policies and standard SCAQMD regulations would reduce construction -related GHG emissions associated with future development to a level below "business as usual." Operational Impacts
Area sources include emissions from natural gas combustion, hearth (wood stove/fireplaces), landscaping equipment, consumer products, and architectural coatings. Indirect sources include emissions from energy consumption and water conveyance. Mobile sources include emission from passenger vehicles and delivery trucks. Typically, mobile sources are the primary contributor of GHG emissions. However, consistent with the General Plan, the proposed Housing Element Update would discourage sprawl, promote mixed use development, and encourage public transportation.
General Plan Policies NR 6.1 to 6.9, LU 5.3.1 to 5.3.3, 6.14.5, and 6.15.9, CE 5.1.1 to 5.1.16, and 6.2.1 to
6.2.3 are intended to reduce vehicle miles traveled and mobile source emissions by promoting mixed use development and encouraging alternative transportation modes (i.e., public transit, pedestrian, and bicycle).
Also, General Plan Policies NR 1A to 1.5 address water conservation, and Policies NR 24.1 to 24.5 20 California Office of the Attorney General, Sustainability and General Plans: Examples of Policies to Address Climate Change, updated January 22, 2010.
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address energy efficiency and conservation. Additionally, the Housing Element Update does not propose to increase residential use densities within the various residential land use designations that would be greater than those allowed by the General Plan Land Use Element. Therefore, compliance with relevant General Plan policies and programs would reduce GHG emissions associated with future development allowed under the Housing Element to below "business as usual" levels.
Compliance with the Attorney General's Recommendations
The California Office of the Attorney General has established recommended measures for projects to mitigate GHG emissions at the plan level.' A list of the Attorney General's recommended measures and the project's compliance with each measure are listed in Table 4.7-1, Project Compliance with the Attorney General's Recommendations.
As noted above, consistency of the Housing Element Update with GP Policies and existing regulations would reduce GHG emissions associated with future development permitted by the Housing Element Update to a level below "business as usual." General Plan Policies establish smart growth principles, which would allow for mixed -use development, and would serve to reduce mobile source GHG emissions by encouraging alternative transportation modes that would result in a decrease in auto dependency and vehicle miles traveled. GP Policies would also serve to reduce GHG emissions associated with future development proposed pursuant to the Housing Element Update through energy and water efficiency and conservation measures. The Housing Element Update would result in GHG emissions below "business as usual" levels. Therefore, the proposed Housing Element Update would not generate GHG emissions that would substantially impact the environment, and the GHG reduction goals of AB 32 would not be hindered.
A less than significant impact would occur in this regard.
Mitigation Measures: No mitigation measures are required.
4.7(b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases?
Less Than Significant Impact. The City of Newport Beach does not have an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of GHGs. As stated in Response 4.7(a), the General Plan Natural Resources, Land Use, and Circulation Elements include goals and policies addressing smart land use decisions, the reduction of vehicle miles traveled, and energy efficiency and conservation. Although the City does not have an applicable plan, policy, or regulation adopted for the purpose of reducing GHG emissions, the sustainable development goals and policies established within the GP would result in GHG emissions below "business as usual" levels. Therefore, a less than significant impact would occur.
Table 4.7-1
Project Compliance with the Attorney General's Recommendations Attorney General's Recommended Measures
Compliance
Smart growth, jobs/housing balance, transit -oriented
Compliant. The proposed Housing Element Update
development, and infill development through land use
would be consistent with GP Policies LU 5.3.1 to 5.3.3, designations, incentives and fees, zoning, and public-
6.14.5, and 6.15.9, which address smart growth and
private partnerships.
mixed use developments.
Create transit, bicycle, and pedestrian connections
Compliant. The GP Land Use Policies referenced
through planning, funding, development requirements,
above would serve to create opportunities for pedestrian incentives and regional cooperation; create disincentives friendly developments that would result in a decrease in for auto use.
auto dependency. Also, Policies CE 5.1.1 to 5.1.16 and
6.2.1 to 6.2.3 would encourage alternative modes of
Z' Ibid.
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Compliance
transportation on the local and regional scale including pedestrian, bicycle, and transit, which would reduce
vehicle miles traveled.
Energy- and water -efficient buildings and landscaping
Compliant. The Housing Element Update would be
through ordinances, development fees, incentives,
consistent with GP Policies NR 1.1 to 1.5, which address project timing prioritization, and other implementing tools. energy and water conservation and efficient design
features. Compliance with Policies NR 1.1 to 1.5 would
result in reduced GHG emissions.
Waste diversion, recycling, water efficiency, energy
Compliant. Although the General Plan does not include
efficiency and energy recovery in cooperation with public Policies regarding solid waste, the City maintains a 52 services districts and private entities.
percent diversion rate from Orange County landfills. The City has one composting facility, five recycling programs, and six programs specializing in source reduction.
Additionally, the General Plan states that the City
recycles over 25 percent of its residential waste stream, as well as 100 percent of the concrete, asphalt, and
green and brown wastes generated by City operations.
Urban and rural forestry through tree planting
Compliant. The Housing Element would be consistent
requirements and programs; preservation of agricultural with Municipal Code Sections 13.08, Planting, and 13.09, land and resources that sequester carbon; heat island
Parkway Trees, which include standards for tree
reduction programs.
planting, preservation, removal, and relocation. Also, the City's Street Trees Division is responsible for the
maintenance and care of City trees, and the enforcement of the Ci 's Tree Codes and Policies.
Regional cooperation to find cross -regional efficiencies in Compliant. Refer to responses above.
GHG reduction investments and to plan for regional
transit, energy generation, and waste recovery facilities.
Source: California Office of the Attorney General, Sustainability and General Plans: Examples of Policies to Address Climate Change, updated January 22, 2010.
Mitigation Measures: No mitigation measures are required.
4.8 HAZARDS AND HAZARDOUS MATERIALS
a. Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous ■ materials?
b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions ■ involvinq the release of hazardous materials into the environment? c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one -quarter mile ■ of an existing or proposed school?
d. Be located on a site, which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5, and, as a result, would it create a significant hazard to the public or the environment?
e. For a project located within an airport land use plan or, where such ■ September 30, 2011 46 Initial Study/Negative Declaration
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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?
f. For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in ■ the project area?
g. Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
h. Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands?
Impact Analysis
4.8(a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials?
Less Than Significant Impact. Secondary activities that would occur with residential, uses (e.g., building and landscape maintenance) may involve the use of hazardous materials. The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Residential development permitted under the Housing Element Update could require or engage in operations that involve the routine transport, use, or disposal of hazardous materials, particularly during the construction phases of such future development, potentially creating a significant hazard to the public and/or environment. In addition, the use of household hazardous materials during the occupancy/life of such future residential development could also result in some potential impact in the event of accidents that may occur. However, the GPEIR concluded 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, resulting in less than significant impacts.22 Development that would occur pursuant to the Housing Element Update was considered in the GPEIR analysis and there are not proposed changes to the land use designations that would result in increased densities/intensities that were not included in the GP. As such, potential impacts involving the routine transport, use, or disposal of hazardous materials from future development permitted by the Housing Element Update were anticipated in the GP/GPEIR. Implementation of the proposed Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified.
Future discretionary development would undergo environmental and/or development review on a project - by -project basis based upon the requirements established by the City and other regulatory agencies having oversight (e.g., Orange County Health Care Agency, Department of Toxic Substances Control, Environmental Protection Agency, etc.) in order to minimize risks involving the routine transport, use, or disposal of hazardous materials associated with residential development, including during construction.
While the risk of exposure to hazardous materials cannot be eliminated, measures can be implemented to maintain risk to acceptable levels. All future residential development within the City would be subject to compliance with existing regulations, standards, and guidelines established by the Federal, State, and local agencies related to storage, use, and disposal of hazardous materials. Specifically, future development within the City would be subject to compliance with the environmental programs administered by the 22 EIP Associates, City of Newport Beach General Plan 2006 Update Draft EIR, Page 4.6-19.
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Orange County Health Care Agency or the Orange County Fire Authority. Compliance with these programs would assist in mitigating a release or threatened release of a hazardous material and minimize any potential harm or damage to human health or the environment. Compliance with the City's Emergency Operations Plan would also be required.
Future development would also be subject to compliance with General Plan policies that would minimize potential impacts involving the routine transport, use, storage, or disposal of hazardous materials. Namely, Policy S 7.3 would serve to educate residents and businesses about how to reduce or eliminate their use of hazardous materials. 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. Given that future development would undergo project -by -project review, be regulated by the existing regulatory framework, and be subject to compliance with General Plan policies, impacts involving the routine transport, use, storage, or disposal of hazardous materials would be less than significant.
Mitigation Measures: No mitigation is required.
4.8(b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?
Less Than Significant Impact. Human exposure to hazardous substance could occur through accidental release. Incidents that result in an accidental release of hazardous substance into the environment can cause contamination of soil, surface water, and groundwater, in addition to any toxic fumes that might be generated. If not cleaned up immediately and completely, the hazardous substances can migrate into the soil or enter a local stream or channel causing contamination of soil and water. Human exposure of contaminated soil or water can have potential health effects on a variety of factors, including the nature of the contaminant and the degree of exposure.
Short -Term Accidental Release of Hazardous Materials
Short-term construction related activities associated with future residential development permitted under the Housing Element Update could result in the release hazardous materials into the environment through reasonably foreseeable upset and accident conditions, particularly during grading and construction.
Hazardous material issues may exist on former commercial and/or industrial sites and old buildings where soil contamination, asbestos, and/or lead -based paint may exist.
Demolition. Existing structures may need to be demolished prior to construction of new buildings.
Demolition of structures could expose construction personnel and the public to hazardous substances such as asbestos containing materials (ACM) or lead -based paints (LBP), depending on the age of the structure.
Further, the potential exists that construction activities may release potential contaminants that may be present in building materials (e.g., mold, lead, etc.). Federal and State regulations govern the renovation and demolition of structures where ACMs and LBPs are present. All demolition that could result in the release of ACMs or LBPs must be conducted according to Federal and State standards. The National Emission Standards for Hazardous Air Pollutants (NESHAP) mandates that building owners conduct an asbestos survey to determine the presence of ACMs prior to the commencement of any remedial work, including demolition. If ACM material is found, abatement of asbestos would be required prior to any demolition activities. Compliance with the recommended mitigation regarding the requirement for an asbestos survey and asbestos abatement, as well as compliance with SCAQMD Rule 1403, would reduce potential impacts to a less than significant level.
Soil and Groundwater Contamination in Unknown Contaminated Sites. Grading and excavation for future residential development could expose construction workers and the public to unidentified hazardous substances present in the soil or groundwater. Exposure to contaminants could occur if the contaminants September 30, 2011 48 Initial Study/Negative Declaration
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migrated to surrounding areas or if contaminated zones were disturbed at the contaminated location.
Exposure to hazardous substances is considered potentially significant. Additionally, the potential exists for unidentified underground storage tanks (USTs) to be present on a development site. Removal activities could pose risks to workers and the public. Potential risks would be minimized by managing the tank according to existing Orange County Health Care Agency's standards. Potential impacts to groundwater would be dependant on the type of contaminant, the amount released, and depth to groundwater at the time of the release.
Long -Term Accidental Release of Hazardous Materials
Long-term operations of future residential development permitted pursuant to the Housing Element Update 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 specific potential future increase in the amount of hazardous materials transported within and through the City, as a result of future development cannot be predicted, since specific development projects are not identified.
Although most typical of commercial and industrial project, incidents involving hazards and/or hazardous materials that could result in accidental release of hazardous materials that could affect residential development involve:
• Leaking underground storage tanks;
• Spills during transport;
Inappropriate storage;
Inappropriate use; and/or
Natural disasters.
If not cleaned up immediately and completely, these and other types of incidents could cause contamination of soil, surface water, and groundwater, in addition to any toxic fumes that might be generated. Depending on the nature and extent of the contamination, groundwater supplies could become unsuitable for use as a domestic water source. Human exposure to contaminated soil or water could have potential health effects depending on a variety of factors, including the nature of the contaminant and the degree of exposure_ Leaking Storage Tanks. Chemicals and wastes stored in aboveground or underground storage tanks would follow guidelines mandated by the California State Water Resources Control Board. Compliance with the Underground Storage Tank Inspection Program would ensure that hazardous materials stored in underground tanks are not released into the groundwater and/or the environment, and compliance with the Aboveground Petroleum Storage Tank (APST) Program would protect people and natural resources from aboveground petroleum storage tank spills or releases.
Off -Site Transport. Transportation of hazardous materials during the construction phase of any future residential development can result in accidental spills, leaks, toxic releases, fire, or explosion. The potential exists for licensed vendors to transport hazardous materials to and from the City's new commercial sites.
Accidental releases would most likely occur in the commercial areas/industrial areas and along transport routes leading to and from these areas. The 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.
Storage and Use/Handling. Hazardous materials must 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. Compliance with all applicable Federal, State, and local laws related to the storage of hazardous materials would be required to maximize containment and provide for prompt and effective clean-up, if an accidental release occurs.
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Hazardous materials use/handling 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.
The GPEIR concluded compliance with existing regulations and General Plan policies, and implementation of established safety practices, procedures, and reporting requirements, 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, and reduce the risk of upset involving routine hazardous materials use, transportation, and handling. Impacts were concluded as less than significant.23 Development that would occur pursuant to the Housing Element Update was considered in the GPEIR analysis and there are not proposed changes to the land use designations that would result in increased den sities/intensities that were not included in the GP. As such, potential impacts associated with the creation of 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 from future residential development permitted under the Housing Element Update were anticipated and evaluated in the GP/GPEIR. Implementation of the proposed Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified.
Future discretionary development would undergo environmental and/or development review on a project - by -project basis based upon the requirements prescribed by the City and/or regulatory agencies having oversight of the project in order to minimize risks due to reasonably foreseeable upset and accident conditions involving the release of hazardous materials. While the risk of exposure to hazardous materials cannot be eliminated, measures can be implemented to maintain risk to acceptable levels. Oversight by the appropriate agencies and compliance with measures established by Federal, State, and local regulatory agencies is considered adequate to offset the negative effects related to the reasonably foreseeable upset and accident conditions involving the release of hazardous materials in the City. Future development would also be subject to compliance with General Plan policies that would minimize potential impacts involving hazardous materials; refer to Response 4.8(a). Given that future development would undergo project -by - project review, be regulated by the existing regulatory framework, and be subject to compliance with General Plan policies, impacts due to the creation of 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 would be less than significant.
Mitigation Measures: No mitigation is required.
4.8(c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? Less Than Significant Impact. There are schools located throughout the City of Newport Beach. As discussed in Response 4.7.a, construction and operations of various uses permitted by the Housing Element Update could involve the routine use of hazardous materials, either during construction or for long- term maintenance of residential properties in the form of household hazardous materials. Hazardous materials could be used during construction of future residential development within the City, including the use of standard construction materials, cleaning and other maintenance products, and diesel and other fuels. The secondary activities that would occur with residential uses (e.g., building and landscape maintenance) would also involve the use of hazardous materials. Therefore, the possibility exists that future construction or routine operations associated with future residential development occurring in the City of Newport Beach could involve transport, use, or disposal of hazardous materials within one -quarter mile of an existing school.
23 ibid., Page 4.6-22 and 23.
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The GPEIR concluded compliance with the provisions of the City's Fire Code and implementation of General Plan policies would minimize the risks associated with the exposure of sensitive receptors (i.e., schools) to hazardous materials. This impact would be less than significant.24 The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Development that would occur pursuant to the Housing Element Update was considered in the GPEIR analysis and there are not proposed changes to the land use designations that would result in increased densities/intensities that were not included in the GP.
As such, potential impacts from future development permitted pursuant to the Housing Element Update associated with hazardous emissions or hazardous materials in proximity to a school were anticipated in the GP/GPEIR. Implementation of the proposed Housing Element Update would be consistent with the analysis presented in the GPEIR, and would not result in impacts greater than previously identified and evaluated in that document.
Future discretionary residential development would undergo environmental and/or development review on a project -by -project basis based upon the requirements established by the City of Newport Beach and regulatory agencies with oversight, which could require the implementation of measures prescribed by Federal, State, and local regulatory agencies in order to adequately to offset the negative effects associated with the exposure of sensitive receptors (i.e., schools) to hazardous materials. Future residential development would also be subject to compliance with General Plan policies that would minimize potential impacts involving hazardous materials; refer to Responses 4.8(a) and 4.8(b). Given that future development would undergo project -by -project review, be regulated by the existing regulatory framework, and be subject to compliance with General Plan policies, potential impacts involving hazardous emissions or hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school would be less than significant.
Mitigation Measures: No mitigation is required.
4.8(d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment?
Less Than Significant Impact. According to GPEIR Section 4.6, there are various hazardous material sites located within the City. Most of these sites are existing and former industrial properties or sites that have supported some use that resulted in soils and/or groundwater contamination (e.g., gas stations, research and development, etc.). Potential hazards to construction workers and the public may occur from construction activities on existing sites that may be contaminated; refer to Response 4.8(b). Future development of any of these documented hazardous materials sites would require prior remediation and cleanup under the supervision of the DTSC, in order to meet Federal, State, and local standards. Since the proposed Housing Element Update does not include any specific development projects, future development would be evaluated on a project -by -project basis to determine if such sites are listed on a current regulatory hazardous materials site list.
The GPEIR concluded compliance with the established regulations and implementation of General Plan policies would minimize the risks associated with development of contaminated site, and impact would be less than significant.25 The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand.
Development that would occur pursuant to the Housing Element Update was considered in the GPEIR analysis and there are not proposed changes to the land use designations that would result in increased densities/intensities that were not included in the GP. As such, potential impacts from future development permitted under the Housing Element Update involving contaminated sites were anticipated in the GP/GPEIR and appropriate measures and/or compliance with Federal, State and/or local regulations has 24 Ibid., Page 4.6-26.
25 Ibid., Page 4.6-26.
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been identified. Implementation of the proposed Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified.
Future discretionary development would undergo environmental and/or development review on a project - by -project basis based upon the requirements established by the City of Newport Beach and/or regulatory agencies having oversight in order to minimize risks involving development of a contaminated site.
Development of these sites would be required to undergo remediation and cleanup under DTSC, OCHCA, and the SARWQCB before construction activities can begin, Future development would also be subject to compliance with General Plan policies. In particular, Policy S 7.1 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.
Given that future residential development pursuant to the Housing Element Update would undergo project - by -project review, be regulated by the existing regulatory framework, and be subject to compliance with General Plan policies, potential impacts involving residential development on a contaminated site would be less than significant.
Mitigation Measures: No mitigation is required.
4.8(e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? Less Than Significant Impact. The southeastern portion of John Wayne Airport borders the City of Newport Beach. Additionally, the City lies under the arrival traffic pattern for the Long Beach Airport. While aviation accidents with one or more fatalities are rare events, residential development permitted by the Housing Element Update could expose people residing or working in the City to aviation hazards from local airports.
The GPEIR concluded compliance with existing regulations and General Plan policies, and utilization of the California Airport Land Use Planning Handbook for new development within JWA land use boundaries would minimize impacts associated with JWA operations on surrounding land uses, and impacts would be less than significant.26 Development that would occur pursuant to the Housing Element Update was considered in the GPEIR analysis and there are not proposed changes to the land use designations that would result in increased densities/intensities that were not included in the GP. As such, potential impacts to future development involving aviation hazards were anticipated in the GP/GPEIR. Implementation of the proposed Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified.
Future discretionary development would undergo environmental and/or development review on a project - by -project basis based upon the permit requirements prescribed in the NBMC and related long-range plans and programs in order to ensure that potential impacts involving aviation hazards are minimized. All land uses surrounding JWA would be subject to 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). 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. Additionally, the California Airport Land Use Planning Handbook would be utilized in the preparation of environmental documents for all new development 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.
The City's Emergency Management Plan also establishes safety procedures with respect to aviation hazards. Future development would also be subject to compliance with General Plan policies that would minimize impacts involving aviation -related hazards. Namely, General Plan Policies S 8.1 though S 8.4 26 ]bid., Page 4.6-29.
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would ensure preparation and minimize risk in the case of an aviation accident. LU Policy 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 AELUP, unless the City Council makes appropriate findings for an override in accordance with applicable law. Given that future development would undergo project -by -project review, and be subject to compliance with the established regulations and General Plan policies, impacts involving aviation -related hazards would be less than significant.
Mitigation Measures: No mitigation is required.
4.8(f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? No Impact. There are no private airstrips located within the City of Newport Beach. Residential development permitted by the Housing Element Update would not expose people residing or working in the City to aviation hazards from a private airstrip.
Mitigation Measures: No mitigation is required.
4.8(g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
Less Than Significant Impact. The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Future residential development permitted under the Housing Element Update could increase traffic volumes and may impede the rate of evacuation, in the event of an accident or natural disaster. The GPEIR concluded compliance with the General Plan policies would reduce impacts associated with emergency response and evacuation in the City to a less than significant level.27 Residential development permitted under the Housing Element Update was considered and adequately evaluated in the GPEIR analysis because additional residential development in accordance to the Land Use Element was anticipated. The proposed Housing Element Update does not include changes to residential land use designations that would result in increased densities that were not included in the GP. As such, potential impacts to future development associated with emergency response and evacuation were anticipated and adequately evaluated in the GP/GPEIR. As a result, implementation of the proposed Housing Element Update is consistent with the analysis presented in the GPEIR, and would not result in greater impacts than previously identified.
Furthermore, future discretionary residential development would also be subject to environmental and/or development review on a project -by -project basis based upon the development standards and related requirements prescribed in the Newport Beach Zoning Ordinance and other applicable long-range plans and programs in order to ensure that potential impacts involving aviation hazards are minimized.
Additionally, the City would continue to implement its Emergency Management Plan (EMP), which guides the City's response to extraordinary emergency situations. Moreover, General Plan Policies S 9.1, S 9.2, and S 9.3 would serve 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. Given that future residential development would undergo project -by -project review, and be subject to the City's EMP and General Plan policies, impacts involving emergency response and evacuation would be less than significant.
Mitigation Measures: No mitigation is required
27 Ibid., Page 4.6-29,
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4.8(h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands?
Less Than Significant Impact. Areas susceptible to wildland fires are located in the eastern portions of the City, as well as surrounding areas to the north, east, and southeast. As identified and described in the GPEIR, future residential development permitted under the Housing Element Update could increase residential development in areas susceptible to wildland fires, exposing people or structures to a significant risk.
The GPEIR concluded compliance with the General Plan policies would reduce impacts associated with the exposure of people and structures to risk involving wildland fires to a less than significant leve1.28 The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Residential development proposed in accordance with the Housing Element Update was previously considered and evaluated in the GPEIR analysis. Since additional residential development was assumed and there are no changes to residential land use designations in the proposed Housing Element Update that would result in increased densities that were not included in the GP, potential impacts to future development associated with the exposure to wildland fires were anticipated and adequately addressed in the GP/GPEIR. Implementation of the proposed Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified.
As required by the City, future discretionary residential development would undergo environmental and/or development review on a project -by -project basis based upon the development standards and related requirements established within the City's Zoning Ordinance and other long-range plans and programs in order to ensure that potential impacts involving the exposure to wildland fires is minimized. In areas susceptible to wildland fires, 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. Moreover, compliance with General Plan Policies S 6.1 to S 6.9 would serve to reduce the threat of fire hazards within the City. In particular, Policy S 6.2 would implement hazard reduction, fuel modification, and other methods to reduce wildfire hazards. Given that future development would undergo project -by -project review, and be subject to compliance with the General Plan policies, potential impacts involving the exposure of people and structures to risk from wildland fires would be less than significant.
Mitigation Measures: No mitigation is required.
4.9 HYDROLOGY AND WATER QUALITY
Would the pfgjM,
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a. Violate any water quality standards or waste discharge ■
requirements?
b. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be ■
a net deficit in aquifer volume or a lowering of the local 28 Ibid., Page 4.6-30.
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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 c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, in ■
a manner, which would result in substantial erosion or siltation on - or off -site?
d. Substantially alter the existing drainage pattern of the site or area, including through the alteration of 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? e. Create or contribute runoff which would exceed the capacity of existing or planned storm water drainage systems or provide ■
substantial additional sources of polluted runoff?
f. Otherwise substantially degrade water quality?
■
g. Place housing within a 100-year flood hazard as mapped on a Federal Flood Hazard Boundary or Flood Insurance gate Map or ■
other flood hazard delineation map?
h. Place within a 100-year flood hazard area structures, which would ■
impede or redirect flood flows?
i. Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure ■
of a levee or dam?
j. Inundation by seiche, tsunami, or mudflow?
■
Impact Analysis
4.9(a) Violate any water quality standards or waste discharge requirements? Less Than Significant Impact. As part of Section 402 of the Clean Water Act, the U.S. Environmental Protection Agency (EPA) has established regulations under the National Pollution Discharge Elimination System (NPDES) program to control direct storm water discharges. In California, the State Water Resources Control Board (SWRCB) administers the NPDES permitting program and is responsible for developing NPDES permitting requirements. The NPDES program regulates industrial pollutant discharges, which include construction activities. The SWRCB works in coordination with the Regional Water Quality Control Boards (RWQCB) to preserve, protect, enhance, and restore water quality. The City of Newport Beach is within the jurisdiction of the Santa Ana RWQCB (SARWQCB)_ Short -Term Construction
The SWRCB adopted NPDES General Permit No. CAS000002, Waste Discharge Requirements (WDRs) for Discharges of Stormwater Runoff Associated With Construction Activity (General Construction Permit).
Construction sites with 1.0 acre or greater of soil disturbance or less than 1.0 acre, but part of a greater common plan of development, are required to apply for coverage for discharges under the General Construction Permit by submitting a Notice of Intent (NOI) for coverage, developing a Stormwater Pollution Prevention Plan (SWPPP), and implementing Best Management Practices (BMPs) to address construction site pollutants. Construction activity subject to this permit includes clearing, grading, and disturbances to the ground such as stockpiling or excavation, but does not include regular maintenance activities.
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The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Construction activities from future residential development permitted under the Housing Element Update would be subject to compliance with NBMC Chapter 14.36, Water Quality, NBMC Chapter 15.10, Excavation and Grading Code, and NPDES requirements. Prior to issuance of any Grading or Building Permit, and as part of the future residential development's compliance with the NPDES requirements, a NOI would be prepared and submitted to the Santa Ana RWQCB providing notification and intent to comply with the General Construction Permit. Also, a SWPPP would be submitted and approved by the Director of Public Works and the City Engineer for water quality construction activities onsite. A copy of the SWPPP would be made available and implemented at the construction site at all times. The SWPPP is required to outline the source control and/or treatment control BMPs to avoid or mitigate runoff pollutants at the construction site to the "maximum extent practicable." Additionally, through the City's development review process, future projects would be evaluated for potential site -specific water quality impacts from construction activities.
Compliance with NBMC Chapters 14.36 and 15.10, and NPDES requirements would reduce short-term construction -related impacts to water quality to a less than significant level.
Long -Term Operations
The Municipal Storm Water Permitting Program regulates storm water discharges from municipal separate storm sewer systems (MS4s)_ The RWQCBs have adopted NPDES storm water permits for medium and large municipalities. Most of these permits are issued to a group of co-permittees encompassing an entire metropolitan area. The SARWQCB issued the permit governing the public storm drain system discharges in northern Orange County from the storm drain systems owned and operated by the Orange County cities and Orange County (collectively "the Co-permittees"). This permit regulates storm water and urban runoff discharges from development to constructed and natural storm drain systems in the City of Newport Beach.
Among other requirements, the NPDES permit specifies requirements for managing runoff water quality from new development and significant redevelopment projects, including specific sizing criteria for treatment BMPs_
To implement the requirements of the NPDES permit, the Co-permittees have developed the Orange County Stormwater Program 2003 Drainage Area Management Plan (DAMP), which includes a New Development/ Significant Redevelopment Program. The New Development/Significant Redevelopment Program provides a framework and a process for following the NPDES permit requirements and incorporates watershed protection/storm water quality management principles into the Co-Permittees' General Plan process, environmental review process, and development permit approval process. Local jurisdictions, including the City of Newport Beach, have adopted a Local Implementation Plan (LIP) based upon the County's DAMP, which includes a Model Water Quality Management Plan (WQMP). Using the local LIP (City of Newport Beach Stormwater LIP) as a guide, the City would review and approve project - specific WQMPs, as part of the development plan and entitlement approval process for discretionary projects, prior to issuing permits for ministerial projects. More specifically, prior to issuance of any Grading Permit, future development would be required to prepare a WQMP, which includes both Structural and Non - Structural BMPs in order to comply with the requirements of the current DAMP and NPDES. Compliance with NBMC Chapters 14.36 and 15.10, and NPDES requirements would reduce long-term impacts to water quality to a less than significant level.
The GPEIR concluded compliance with NPDES requirements, the Orange County DAMP, the NBMC, 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.29 Development that would occur pursuant to the Housing Element Update was considered in the GPEIR analysis and there are not proposed changes to the land use designations that would result in increased densities/intensities that were not included in the GP. Therefore, implementation of the proposed Housing 29 Ibid., Page 4.7-32.
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Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified.
Future discretionary development would undergo environmental and/or development review on a project - by -project basis based upon the development standards prescribed in the NBMC, General Plan policies and relevant long-term plans and programs in order to ensure that impacts involving violations of waste discharge requirements or water quality standards would be minimized. Additionally, future development would be subject to compliance with General Plan policies. In particular, Policies NR 3.1 through NR 5.4 would serve to limit the use of landscape chemicals detrimental to water quality, require development to result in no degradation of natural water bodies, require new development applications to include a WOMP to minimize construction and post -construction runoff, implement and improve BMPs, require all street drainage systems to be designed to minimize adverse impacts on water quality, and require grading/erosion control plans with structural BMPs that prevent or minimize erosion. Implementation of General Plan Policy NR 3.20 would serve to minimize the creation of impervious surfaces, while increasing the area of pervious surfaces, where feasible. Given that future development would undergo project -by -project review, be regulated by the NPDES, DAMP, and the NBMC, and subject to compliance with General Plan policies impacts involving water quality standards or waste discharge requirements would be less than significant.
Mitigation Measures: No mitigation is required.
4.9(b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)?
Less Than Significant Impact. Groundwater within the City is shallow and can occur as shallow as 50 beneath ground surface. During construction, the groundwater table could be encountered during pile driving, dewatering, and other construction activities_ However, given that the City is primarily a built -out area, and that residential development permitted by the Housing Element Update would generally consist of infill and redevelopment, the displaced/removed volume from these activities would not be substantial relative to the Orange County Groundwater Basin's water volume. Therefore, future residential development permitted by the proposed Housing Element Update would not substantially deplete groundwater supplies or interfere substantially with groundwater recharge.
Groundwater recharge is derived from percolation of Santa Ana River flow, injection into wells, and infiltration of precipitation. The City of Newport Beach is not located within an identified recharge area for groundwater. Future development would not interfere significantly with recharge as the City does not contribute a significant amount to the Santa Ana River flow, there are no injection wells in the City. As previously indicated, because the City is nearly fully built -out, future residential development permitted under the Housing Element Update would generally consist of infill and redevelopment. As a result, the amount of impervious surfaces would not change significantly.
Water service is provided by the City of Newport Beach, Irvine Ranch Water District, and the Mesa Consolidated Water District. Future residential development permitted pursuant to the Housing Element Update would increase the demand for groundwater. However, the GPEIR concluded groundwater supplies would meet projected demands throughout the City, and compliance with General Plan policies would reduce water consumption to ensure adequate groundwater supplies .30 The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Development that would occur pursuant to the Housing Element Update was considered in the GPEIR analysis and there are not proposed changes to the land use designations that would result in increased densities/intensities that were not included in the GP. 30 Ibid., Page 4.7-33.
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As such, potential impacts to groundwater supplies due to water consumption from future residential development permitted under the Housing Element Update were anticipated in the GP/GPEIR. Therefore, implementation of the proposed Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified.
Future discretionary development would undergo environmental and/or development review on a project - by -project basis based upon the development standards and other requirements prescribed in the City's Zoning Ordinance and related long-range plans and programs in order to determine potential impacts on groundwater supplies. Additionally, future development would be subject to compliance with General Plan policies (refer to Response 4.17(b)) designed to minimize water consumption and expand the use of alternative water sources to provide adequate water supplies for not only existing uses but also future growth within the City. Given that future residential development would undergo project -by -project review and be subject to compliance with General Plan policies, potential impacts to groundwater supplies would be less than significant as concluded in the GPEIR.
Mitigation Measures: No mitigation is required.
4.9(c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, in a manner, which would result in substantial erosion or siltation on- or off -site?
Less Than Significant Impact. Construction activities of future development could temporarily alter existing drainage patterns as a result of grading and related site preparation activities. Future residential development would also alter existing drainage patterns through changes in ground surface permeability and changes in topography. However, the GPEIR evaluated these potential impacts and concluded that compliance with NPDES and NBMC regulations, in addition to implementation of General Plan policies, would reduce potentially significant impacts resulting from landform alteration associated with new residential development that affect existing drainage patterns to a less than significant level.' The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Development that would occur pursuant to the Housing Element Update was considered in the GPEIR analysis and there are not proposed changes to the land use designations that would result in increased densities/intensities that were not included in the GP. As such, potential impacts due to alterations of drainage patterns from future residential development permitted under the Housing Element Update were anticipated and evaluated in the GP/GPEIR. Therefore, implementation of the proposed Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified.
Future discretionary development would undergo environmental and/or development review on a project - by -project basis based upon the development standards and other requirements prescribed by the City of Newport Beach and contained in the NBMC, CBC and other related policies, plans, and programs in order to minimize potential impacts due to alterations of drainage patterns resulting from future residential development. Additionally, future residential development would be subject to compliance with General Plan policies (i.e. Policies NR 3.10 to NR 3.12, NR 4.4, NR 3.16, NR 3.20, NR 3.21, and S 5.3), which would serve to minimize potential impacts due to alterations of drainage patterns. Given that future residential development would undergo project -by -project review and be subject to compliance with NPDES requirements and General Plan policies, potential impacts due to alterations of drainage patterns resulting from such development would be less than significant as concluded in the GPEIR.
Mitigation Measures: No mitigation is required
31 Ibid., Page 4.7-34,
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4.9(d) Substantially alter the existing drainage pattern of the site or area, including through 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? Less Than Significant Impact. Given that the City is nearly built -out, it is anticipated that future residential development permitted under the Housing Element Update would generally consist of infill and redevelopment. As such, new residential development would not substantially alter drainage patterns, because these areas are already developed with existing uses and impervious surfaces. Similarly, since the increase in impervious surfaces would be limited, the potential increase stormwater runoff would not be substantial such that the capacity of existing and planned infrastructure would be exceeded, and flooding impacts would occur downstream. Therefore, Project implementation would not substantially alter the existing drainage patterns, and would not result in flooding. Refer also to Response 4.8.c.
Mitigation Measures: No mitigation is required.
4.9(e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff?
Less Than Significant Impact. Refer to Responses 4.9(a), 4.9(c), and 4.9(d).
Mitigation Measures: No mitigation is required.
4.9(t) Otherwise substantially degrade water quality?
Less Than Significant Impact. Refer to Responses 4.9(a) and 4.9(c).
Mitigation Measures: No mitigation is required.
4.9(g) Place housing within a 900-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? Less Than Significant Impact. The Federal Emergency Management Agency (FEMA) prepares and maintains Flood Insurance Rate Maps (FIRMs), which show the extent of Special Flood Hazard Areas (SFHAs) and other thematic features related to flood risk, in participating jurisdictions. To receive insurance benefits in the event of flood, participating agencies must recognize these official flood boundaries and establish appropriate land use policy for the flood zones.
GPEIR Figure 4.7-3, Flood Zones, illustrates the City's 100- and 500-year flood Zones. As indicated by Figure 4.7-3, the City's coastline and areas of Newport Bay are located within a 100-year flood zone, where the potential for private property flooding exists. The 100-year flood (one percent annual chance flood), also known as the base flood, is the flood that has a one percent chance of being equaled or exceeded in any given year. This SFHA is the area subject to flooding by the one percent annual chance flood.
The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Future residential development permitted under the Housing Element Update could place structures or housing within a 100- year flood hazard area. Moreover, flood waters that exceed the capacities of existing and improved drainages would travel by overland flow on any available grounds. Building density permitted by the Housing Element Update is not anticipated to increase to such an extent that would substantially increase obstructions to flood flows. Furthermore residential development is not permitted within the limits of a 100- year flood plain. The GPEIR concluded compliance with General Plan policies and NBMC standards would sufficiently protect new structures from damage in the event of a 100-year flood and would ensure flows are not substantially impeded or redirected. Therefore, impacts of flood hazards or impeding/redirecting flows September 30, 20111 59 Initial Study/Negative Declaration
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would be less than significant.32 Development that would occur pursuant to the Housing Element Update was considered in the GPEIR analysis and there are not proposed changes to the land use designations that would result in increased densities/intensities that were not included in the GP. As such, exposure of residents and/or homes from future residential development in accordance with the Housing Element Update to potential substantial adverse effects involving flood hazards were anticipated in the GP/GPEIR.
Implementation of the proposed Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified.
Future discretionary development would undergo environmental and/or development review on a project - by -project basis based upon the development standards and other requirements prescribed in the City's Zoning Ordinance, General Plan polices, and related long-term plans and programs adopted by the City in order to ensure that future residential development is not adversely impacted. Further, NBMC Chapter
15.50 establishes methods and provisions that would minimize flood damage to residential development. 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). Future development would also be subject to General Plan policies that would protect human life and public and private property from the risks of flooding. For example, Policy S 5.1 requires all new development within 100-year flood zones 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. Flood proofing measures included in the General Plan and NBMC would be sufficient to protect new structures from damage in the event of a 100-year flood. Given that future development would undergo project -by - project review, be regulated by the Federal/State regulatory framework, and be subject to compliance with General Plan policies, impacts to future residential development from potential flooding would be less than significant.
Mitigation Measures: No mitigation is required.
4.9(h) Place within a 100-year flood hazard area structures, which would impede or redirect flood flows?
Less Than Significant Impacts. Refer to Response 4.9(g).
Mitigation Measures: No mitigation is required.
4.9(i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? Less Than Significant Impact. There are several dams located in the City and environs that could affect future residential development within Newport Beach. Specifically, the City is located downstream of Prado Dam, Santiago Creek Reservoir, Villa Park Reservoir, San Joaquin Reservoir, Big Canyon Reservoir, and Harbor View Reservoir. The areas of the City that would be impacted to inundation include the areas near the Santa Ana River, San Diego Creek, Newport Bay, and Big Canyon Reservoir. As indicated in the GPEIR, the probability of dam failure is I0
w.33 The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Future residential development in accordance with the Housing Element Update would not increase the risk of dam failure and flooding; however, the number of people exposed to this hazard would increase due to the residential development permitted in the adopted Land Use Element, which would be consistent with the Housing Element Update. However, compliance with the NBMC and 32 Ibid., Pages 4.7-38 and 39.
33 Ibid., Page 4.7-40.
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General Plan policies, which is intended to avoid the exposure of people or structures to risk due to failure of a dam, would reduce potential impacts to a less than significant level.
Mitigation Measures: No mitigation is required.
4.9(j) Inundation by seiche, tsunami, or mudflow?
Less Than Significant Impact. According to the GPEIR, potential risks from seiche and tsunami exist along the coastal area and in areas of the City near inland water bodies. Seiches may occur in large, enclosed bodies of water, such as the reservoirs in the City and, to an extent, Newport Harbor and Newport Bay, which could inundate adjacent and nearby areas surrounding the body of water. Coastal flood hazards, such as tsunamis and rogue waves, would inundate primarily the low-lying areas of the City's coastline. 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.
The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Residential development permitted in accordance with the proposed Housing Element Update would potentially increase the exposure of future residents to such low -probability but high -risk events as seiches, tsunamis, and mudflows by allowing residential development in certain areas of the City. However, the GPEIR concluded risks associated with inundation by seiche, tsunami, and mudflow are considered to be less than significant following compliance with General Plan policies. Additional residential development was assumed to occur in the City, which was evaluated in the GPEIR. Therefore, because there are no proposed changes to the land use designations assigned to property within the City by the Land Use Element Update of the Newport Beach General Plan that would result in increased residential densities, no new or potentially significant risks associated with inundation by seiche, tsunami, and mudflow to the future residential development permitted under the Housing Element Update would be expected. Implementation of the proposed Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified.
Future discretionary development would undergo environmental and/or development review on a project - by -project basis based upon the requirements and development standards prescribed in the NBMC, General Plan policies and other long-range plans and programs in order to ensure that future residential development is not adversely impacted by seiches, tsunamis and/or other adverse coastal phenomenon.
For example, implementation of General Plan Policies S 1.1 through S 1.5 would serve to minimize adverse effects of coastal hazards related to tsunamis and rogue waves. In addition, Policies S 2.1 through S 2.7 would minimize adverse effects of coastal hazards related to storm surges and seiches. Because future residential development would be subject to review on a project -by -project basis, and be subject to compliance with General Plan policies, potential impacts involving inundation by seiche, tsunami, or mudflow would be less than significant.
Mitigation Measures: No mitigation is required.
34 Ibid., Page 4.7-41.
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4.10 LAND USE AND PLANNING
dxid 3�
�n
P
nt
Less Than
No
I Would the project:
Significant
Impact
0 n
Impact
Incorporated
a. Physically divide an established community?
■
b. Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or ■
zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect?
c. Conflict with any applicable habitat conservation plan or natural community conservation plan?
Impact Analysis
4.10(a) Physically divide an established community?
Less Than Significant Impact. The City of Newport Beach is nearly built -out. Implementation of the proposed project would provide the policy framework for residential growth anticipated between 2008 and 2014. The proposed Housing Element Update encourages future residential development to occur within identified subareas of the General Plan in order to maintain and conserve the City's existing residential neighborhoods. The proposed project would guide housing and population growth within the City to include a variety of housing types for all social and economic segments (Goal H2). One of the guiding principles of the proposed Housing Element Update is to ensure the continued maintenance and conservation of existing residential neighborhoods (Policy H1.1 and Policy H4.2). Consistency with these and other relevant policies will ensure that future residential development proposed pursuant to the Housing Element Update will not conflict with established development and/or create a physical division within an established (residential) neighborhood or community.
It is anticipated that future residential development permitted under the Housing Element Update would generally consist of infill and redevelopment in areas designated for such development as reflected in the adopted Land Use Element of the Newport Beach General Plan. Therefore, future residential development pursuant to the Housing Element Update would not physically divide an established community.
Development permitted by the Housing Element Update was considered and evaluated in the GPEIR analysis, since additional residential development was anticipated to occur as a result of buildout of the General Plan. Because the Housing Element Update does not propose to change existing land use designations that would result in increased densities, the analysis presented in the GPEIR adequately evaluates the potential effects of its implementation. Those potential impacts were determined to be less than significant.
Mitigation Measures: No mitigation is required.
4.10(b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect?
Less Than Significant Impact. Development within the City of Newport Beach is required to comply with several regional and local land use plans, policies, and regulations. These include the 2003 Air Quality Management Plan, 1999 Amendment for Ozone, SCAG's Regional Comprehensive Plan and Guide, Santa September 30, 2011 62 Initial Study/Negative Declaration
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Ana River Basin Plan, City of Newport Beach Zoning Code, Newport Beach CLUP, specific plans adopted by the City, and the John Wayne Airport Environs Land Use Plan (AELUP). The proposed Housing Element Update would neither change nor conflict with these adopted plans. Moreover, the proposed Housing Element Update would not supersede any other regulations or requirements adopted or imposed by the City, the State of California, or any federal agency that has jurisdiction by law over uses and development. There would be no impact in this regard.
The Newport Beach General Plan is consistent with the 2003 Air Quality Management Plan and SCAG's Regional Comprehensive Plan and Guide, with the exception of mitigating traffic volumes on freeway ramps. The General Plan is also consistent with the Santa Ana Basin Plan, since all future development is required to comply with all applicable water quality requirements established by the Santa Ana and San Diego Regional Water Quality Control Boards (RWQCB) and State Water Resources Control Boards (SWRCB).
The City completed a comprehensive update of its General Plan in 2006. As part of the comprehensive General Plan update, the existing 2000-2005 Housing Element was reviewed for consistency and updated to reflect land use changes and new residential opportunities identified as part of the General Plan update.
The proposed Housing Element (2008 - 2014 Planning Period) is an update and revision of the 2006 Housing Element, which consists of new technical data and updated policies and programs. The land use opportunity areas developed as part of the General Plan have remained the same. This Housing Element also addresses meeting the Regional Housing Needs Allocation (RHNA) for the planning period of January 1, 2008 through June 30, 2014, and is consistent with recent revisions to State Housing Element Law. As a result, the Housing Element Update reflects the vision, goals and principles for the City through the planning period of 2014 and beyond, in concert with the twenty year horizon of the 2006 General Plan. No significant impacts are anticipated as a result of implementing the proposed Housing Element Update.
The City of Newport Beach Zoning Code (NBMC Title 20, Planning and Zoning) is the means by which the General Plan, including the Housing Element, is implemented. As a result of the General Plan Update in 2006, the City undertook a review of the Zoning Code, which resulted in modifications and changes to policies pertaining to land use, density/intensity, design and development, resource conservation, public safety, and other pertinent topics in an effort to ensure consistency between the General Plan and the Zoning Code. The Zoning Code Update was approved by the City of Newport Beach in 2010, and is the means by which the General Plan Land Use Element, including housing, is implemented.
The Coastal Land Use Plan (CLUP) was prepared as required by the California Coastal Act of 1976. 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. The General Plan was prepared to comply and incorporate the CLUP.
The AELUP for John Wayne Airport contains policies that govern the land uses surrounding the airport.
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 AELUP establishes height restrictions for buildings surrounding John Wayne Airport and establishes a 65 dBA CNEL noise contour in which residential uses should be not be constructed. The Newport Beach General Plan was determined to be consistent with the AELUP. Because the Housing Element is consistent with the adopted General Plan, no significant impacts are anticipated to occur.
Therefore, impacts associated with potential inconsistencies with all other applicable land use plans for the City would be less than significant.3 The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Residential development permitted under the proposed Housing Element Update was considered and adequately evaluated in the GPEIR analysis because additional residential development was anticipated to occur. The proposed Housing Element Update does not propose any changes to 35 Ibid., Page 4.8-23.
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residential land use designations that would result in increased densities that were not included and analyzed in the GPEIR. As such, the potential impacts of future residential development permitted under the Housing Element Update conflicting with any applicable land use plan, policy, or regulation were anticipated in the GP/GPEIR, which concluded that no significant land use impacts, including conflicts with General Plan policies and programs, would occur. Implementation of the proposed Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified for the General Plan.
As previously indicated, the proposed Housing Element Update includes only policy and program changes that are intended to facilitate meeting long-range local and regional housing goals; however, the proposed project would not result in any changes to the adopted Land Use Element that would result a potential conflict with any long-range plan and/or program that affects the development within the City of Newport Beach. Therefore, no significant impacts are anticipated.
Mitigation Measures: No mitigation is required.
4.10(c) Conflict with any applicable habitat conservation plan or natural community conservation plan?
No Impact. Refer to Response 4.4(f .
Mitigation Measures: No mitigation is required.
4.11 MINERAL RESOURCES
wally
$ 4nt"ant
Less Than
No
Would the project:
Sigtlanl
Yuba ,
Significant
Impact
Ialpet
mitigau n
Impact
Info d
a. Result in the loss of availability of a known mineral resource that ■
would be of value to the region and the residents of the state? b. Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific ■
plan or other land use an?
Impact Analysis
4.11(a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state?
No Impact. GPEIR Figure 4.54, Mineral Resource Areas, illustrates the City's mineral resource areas. As indicated by Figure 4,54, the City does not have any land classified as MRZ-2; rather, it is classified by mineral resource zones MRZ-1 and MRZ-3. The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Residential development permitted under the Housing Element Update could affect the availability of oil and gas produced in these areas. However, the GPEIR concluded General Plan implementation would not result in the loss of the availability of known mineral resources that would be of value to the region and the residents of the State, following compliance with General Plan policies and no impact would occur.36 Residential development permitted by the Housing Element Update was considered 36 Ibid., Page 4.5-31.
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and evaluated in the GPEIR analysis. Because additional development was assumed and there are no proposed changes to zoning districts that would result in increased densities that were not previously evaluated in the GPEIR, the potential impacts of future residential development permitted under the Housing Element Update resulting in the loss of availability of a known mineral resource would result in no greater impacts than previously identified. To ensure that future discretionary residential development would not impact mineral resources, each project proposed pursuant to the Housing Element Update will be subject to environmental and/or development review on a project -by -project basis and will be evaluated based on requirements prescribed in the NBMC as well as General Plan policies and related long-range plans and programs adopted by the City of Newport Beach. Therefore, no potentially significant impact will occur as a result of the proposed project.
Mitigation Measures: No mitigation is required.
4.11(b) Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No Impact. Refer to Response 4.11(a).
Mitigation Measures: No mitigation is required.
4.12 NOISE
u` sar E
{
t
i
a'
y d
a. 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 otheragencies?
b. Exposure of persons to or generation of excessive groundbome ■
vibration or groundbome noise levels?
c. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without theproject? d. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the ■
r 'ecr
e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people ■
residing or working in the project area to excessive noise levels? f. For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to ■
excessive noise levels?
Impact Analysis
4.12(a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Less Than Significant Impact. The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Future development permitted under the proposed Housing Element Update would September 30, 2011 65 Initial Study/Negative Declaration
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involve construction activities and operations that would generate both short-term and long-term noise impacts. Short-term noise impacts could occur during grading and construction of future residential development. Construction activities have the potential to expose adjacent land uses to noise levels between 70 and 90 decibels at 50 feet from the noise source. Construction activities associated with future development are anticipated to temporarily exceed the City's noise standards. The degree of noise impact would be dependent upon the distance between the construction activity and the noise sensitive receptor.
Long-term noise impacts would be associated with vehicular traffic to/from the site (including residents, visitors, patrons), outdoor activities, and stationary mechanical equipment on site. However, the GPEIR concluded the exposure of existing land uses to noise levels in excess of Cit� standards as a result of the future growth under the General Plan is considered a significant impact. 7 Residential development permitted by the Housing Element Update was considered in the GPEIR analysis, since additional development was anticipated based on the potential for additional residential development to occur in accordance with the Land Use Element. Because there are no proposed changes to the residential land use designations that would result in increased densities, potential noise impacts from future development permitted by the Housing Element Update were adequately evaluated in the GP/GPEIR. Implementation of the proposed Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified in that document.
As required by the City of Newport Beach, future discretionary residential development would undergo environmental and/or development review on a project -by -project basis based upon the requirements prescribed in the NBMC, General Plan, and other relevant long-range plans and programs adopted by the City in order to ensure that noise standards are not exceeded. Furthermore, future residential development would be required to comply with City, State, and Federal guidelines regarding vehicle noise, roadway construction, and noise abatement and insulation standards. This would ensure that noise levels in Newport Beach are maintained within acceptable standards that prevent extensive disturbance, annoyance, or disruption. Individual assessments of potential impacts from project -related noise sources may be required. If necessary, mitigation would be required to reduce potential impacts to a less than significant level. Additionally, the City's Zoning Code was revised to include standards and requirements intended to avoid or mitigate noise impacts. Specifically, the NBMC now includes provisions for the review of proposed projects to avoid or mitigate impacts, establishes thresholds of significance pursuant to the Noise Element, and promotes compatibility between land uses. As a result of these revisions, future residential development proposed pursuant to the Housing Element Update must comply with the standards within NBMC Chapters 10.26. Future development would also be subject to compliance with General Plan Policies N 1.1 to N 1.8 and N 2.1 to N 2.6, which would serve to reduce noise impacts to future land uses.
Given that future development would undergo project -by -project review, be regulated by NBMC requirements, and be subject to compliance with General Plan policies, potential impacts involving the exposure of persons to or generation of noise levels in excess of standards would be less than significant.
Mitigation Measures: No mitigation is required.
4.12(b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels?
Less Than Significant Impact. The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Construction activities associated with the future residential development permitted under the Housing Element Update could expose persons to or generate excessive groundborne vibration; refer also to GPEIR Table 4.9-7. Additionally, the GPEIR concluded when construction vibration occurs, impacts would be significant.38 Residential development permitted by the proposed Housing Element Update was considered in the GPEIR analysis, since additional development was anticipated to occur based on the future buildout projections for the City. Because the proposed Housing Element Update does not propose 37 EIP Associates, City of Newport Beach General Plan 2006 Update Draft EIR, Page 4.9-22. 38 Ibid., Page 4.9-29.
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changes to residential land use designations that would result in increased densities, potential vibration impacts from future residential development permitted under the Housing Element Update were adequately evaluated in the GPEIR. Therefore, implementation of the proposed Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Given that future development would undergo project -by -project review and be regulated by NBMC, impacts involving the exposure of persons to or generation of excessive vibration would be less than significant.
Mitigation Measures: No mitigation is required.
4.12(c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project?
Less Than Significant Impact. Refer to Response 4.12(a).
Mitigation Measures: No mitigation is required.
4.12(d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project?
Less Than Significant Impact. Refer to Response 4.12(a).
Mitigation Measures: No mitigation is required.
4.12(e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? Less Than Significant Impact. GPEIR Figure 4.9-6, Future Noise Contours — Northern Planning Area, indicates that the 60 and 65 dBA CNEL noise contour for JWA extends into Newport Beach. The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Future sensitive receptors (i.e., residents) of future residential development permitted under the Housing Element Update occurring within the 65 dBA CNEL noise contour could be exposed to noise levels in excess of allowable standards.
Although the GPEIR concluded potential noise impacts to exterior noise levels at new residential land uses in the vicinity of the airport would be significant, compliance with General Plan policies would ensure that impacts on interior noise levels would be less than significant.39 Residential development permitted by the Housing Element Update was considered and evaluated in the GPEIR analysis because additional development was anticipated to occur in the City based on the buildout of the Land Use Element. Because the Housing Element does not propose changes to the residential land use designations that would result in increased densities, potential airport -related noise impacts to future residential development permitted under the Housing Element Update would result in no greater impacts than previously identified. As previously indicated, consistency with General Plan policies and programs as well as compliance with the Newport Beach Noise Ordinance will ensure that potential noise impacts to future residential development would be less than significant.
In addition, future discretionary residential development proposed pursuant to the Housing Element Update would also be subject to environmental and/or development review on a project -by -project basis. As indicated above, such projects would be subject to the policies adopted in the Noise Element of the General Plan as well as measures prescribed as a result of subsequent environmental analysis and other relevant long-range plans and programs in order to ensure that airport -related noise impacts are avoided or reduced to a less than significant level. All land uses surrounding JWA would be subject to the land use standards 39 Ibid., Page 4.9-35.
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established in the NBMC and the AELUP addressing airport -related noise. Additionally, the California Airport Land Use Planning Handbook would be utilized in the preparation of environmental documents for all new residential development located within the AELUP boundaries. Future development would also be subject to compliance with General Plan Policy N 3.2, which requires that any residential or sensitive noise uses be located outside the 60 dBA or 65 dBA CNEL airport noise contour and General Plan Policy N 1.1, which requires residential development to maintain an interior noise level of 40 dBA Leq or 45 dBA Leq, respectively, during the day time (7:00 a.m. to 10:00 p.m.) and night time (10:00 p.m. to 7:00 a.m.) reflected in Table N3 in the Noise Element. Compliance with Policies N 1.1, N 3.1 and N 3.2 would serve to ensure that new development is compatible with the noise environment by using the airport noise contour maps as guides to future planning and development decisions. Given that future development would undergo project -by -project review, and be subject to compliance with the established regulations and General Plan policies, potential project -related impacts involving aviation -noise would be less than significant.
Mitigation Measures: No mitigation is required.
4.12(f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? No Impact. There are no private airstrips within the City of Newport Beach. Therefore, no impacts would occur.
Mitigation Measures: No mitigation is required.
4.13 POPULATION AND HOUSING
Would the project
Sig ilt
€�
Irrupt
MFtr00
Irrcor
a. 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 ? b. Displace substantial numbers of existing housing, necessitating ■
the construction of replacement housin elsewhere?
c. Displace substantial numbers of people, necessitating the ■
construction of replacement housing elsewhere?
Impact Analysis
4.13(a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)?
Less Than Significant Impact. The City's existing population, as of January 2010 is 86,738 persons .40 A project could induce population growth in an area, either directly (for example, by proposing new homes) or indirectly (for example, through extension of roads or other infrastructure). Although, the Housing Element Update does not infer direct development rights, future development permitted by the Housing Element 40 State of California, Department of Finance, E-5 Population and Housing Estimates for Cities, Counties, and the State, 2001-2010, with 2000 Benchmark. Sacramento, California, May 2010.
September 30, 2011 68 Initial Study/Negative Declaration
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Housing Element Update
Initial Study/Negative Declaration
"�[iFpnN
Update in accordance with the adopted land use element designations could induce population growth in the City through the anticipated construction of housing. Additionally, the GPEIR concluded General Plan buildout would increase the number of dwelling units by 14,215 units (35 percent) over 2002 conditions, for a total of 54,394 units.41 As a result, the City's population could increase by 31,131 persons (43 percent), for a total population of 103,753 persons at General Plan buildout. Additionally, because the General Plan implementation would substantially increase population growth within the City (approximately 37 percent over existing conditions and approximately 10 percent higher than existing SCAG projections), the GPEIR concluded impacts on population growth would be considered significant. Development permitted by the Housing Element Update was considered and evaluated in the GPEIR analysis. Because additional residential development was anticipated to occur based on General Plan buildout and, furthermore, because the Housing Element Update does not propose any changes to residential land use designations that would result in increased densities, the proposed project would result in no greater impacts than previously identified in the GPEIR. Therefore, Project implementation would not induce substantial population growth in the City.
As previously indicated, future residential development permitted in accordance with the Housing Element Update would generally consist of infill and redevelopment served by existing roads and infrastructure.
Project implementation would not require extension of public infrastructure (i.e., any major transportation facility or public utility), or provision of new public services. The roads providing access within the City of Newport Beach are fully improved. Public utilities would be extended to the future development from existing facilities. Public services, including police and fire protection, schools, public libraries, etc., are provided throughout the City and the establishment of new sources of service would not be required.
Therefore, project implementation would not induce indirect population growth in the City through extension of roads or other infrastructure, or provision of new services.
Mitigation Measures: No mitigation is required.
4.93(b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere?
No Impact. The City's existing housing stock, as of January 2010 is 43,515 units.42 Given that the City is primarily a built -out area, and it is anticipated that future development permitted by the Housing Element Update would generally consist of infill and redevelopment at site designed for residential throughout the City of Newport Beach, the proposed project would not result in the displacement of substantial numbers of existing homes or residents as determined in the analysis of population and housing in the GPEIR.as Because residential development permitted by the Housing Element Update was considered in the GPEIR analysis and, furthermore, because the proposed project does not include any changes to residential land use designations that would result in increased densities, potential impacts involving the displacement of homes or residents from future development permitted by the Housing Element Update would be no greater than the impacts previously identified in the GPEIR.
The proposed Housing Element Update would allow reuse of existing structures and construction of new ones. Goal H1 calls for the preservation, conservation, and appropriate redevelopment of housing stock.
Although no specific projects are proposed under the Housing Element Update, future growth permitted under the project could result in the displacement of existing housing or residents, and necessitate the construction of replacement housing in the City. However, as required by law, proper relocation measures would be taken to assist any displaced residents if such actions were to occur. Furthermore, the proposed project is intended to provide affordable housing options throughout the City in order to accommodate the 41 Ibid., Page 4.10-6.
42 State of California, Department of Finance, E-5 Population and Housing Estimates for Cities, Counties, and the State, 2001-2010, with 2000 Benchmark. Sacramento, California, May 2010.
A3 EIP Associates, City of Newport Beach General Plan 2006 Update Draft OR, Page 4.10-6.
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4� Wpo;v City of Newport Beach
Housing Element Update
Initial Study/Negative Declaration
expected population growth, and would not decrease housing availability. Goal 4 of the Housing Element Update incorporates assistance in housing for very low- , low- and moderate -income households, while Goal 5 encourages affordable housing assistance for the City's special needs population. The Housing Element Update is intended to provide a sound policy framework that would address the housing requirements of RHNA and provide increased assistance in the development of affordable housing.
Therefore, Project implementation would not displace a substantial number of housing or persons and no significant impacts would occur.
Mitigation Measures: No mitigation is required.
4.13(c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere?
No Impact. Refer to Response 4.13(b).
Mitigation Measures: No mitigation is required.
4.14 PUBLIC SERVICES
a. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services:
1) Fire protection?
■
2) Police protection?
■
3) Schools?
■
4) Parks?
■
5) Other public facilities?
■
Impact Analysis
4.14(a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services:
4.14(a)(1) Fire protection?
Less Than Significant Impact. Fire protection services are provided by the Newport Beach Fire Department (NBFD). The NBFD's service goals are based on acceptable service levels, such as five- minute response times for fire engines at a fire or medical aid event and eight -minute response times for first -arriving fire engine for a paramedic unit. The NBFD is currently operating at an acceptable level.
September 30, 2011 70 Initial Study/Negative Declaration
��-�W£PO?r
J�
City of Newport Beach
Housing Element Update
�
Initial Study/Negative Declaration
Fp0.
The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Future residential development permitted under the Housing Element Update would increase the demand for fire protection services in the City, and may require improvements to existing facilities or increases in staffing and equipment. The environmental impacts associated with the provision of new or physically altered fire protection facilities would be dependent upon the location and nature of the proposed facilities, and would undergo separate environmental review pursuant to CEQA Guidelines. Additionally, the GPEIR concluded that compliance with applicable General Plan policies would ensure potential impacts involving fire protection services would remain less than significant .44 Residential development permitted by the Housing Element Update was considered and adequately evaluated in the GPEIR analysis. Because additional residential development was anticipated based on buildout of the General Plan and because the proposed project does not include changes to any of the residential land use designations that would result in increased densities. As such, potential impacts to fire protection services from future development permitted by the Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified.
Future discretionary residential development would be subject to environmental and/or development review on a project -by -project basis and must comply with requirements established within the Newport Beach Zoning Code and relevant plans and policies in order to ensure potential impacts to fire protection services are minimized. Additionally, future development permitted by the Housing Element Update must also comply with applicable Federal, State, and local regulations governing the provision of fire protection services (i.e., fire access, fire flows, hydrants). The City adopted the International Fire Code (2006 Edition) and the California Fire Code (2007 Edition). These include construction standards for new structures and remodels that address road widths and configurations, and requirements for minimum fire flow rates.
Future residential development must be consistent with General Plan Policy LU 3.2, which requires that adequate infrastructure be provided as new development occurs. Fire staffing and facilities would be expanded commensurately to serve the needs of new development to maintain the current response time.
Policy S 6.8 ensures that building and fire codes will be continually updated to provide for fire safety design.
Because future residential development would undergo project -by -project review and be subject to the established Fire Code regulations and General Plan policies, impacts involving fire protection services would be less than significant.
Mitigation Measures: No mitigation is required.
4.14(a)(2) Police protection?
Less Than Significant impact. The Newport Beach Police Department (NBPD), Costa Mesa Police Department (CMPD), and the Orange County Sheriff Department (OCSD) provide police protection services to the City of Newport Beach. Currently, the City does not have staffing standards. The NBPD provides a ratio of approximately 1.7 officers per 1,000 residents. This ratio allows the NBPD to meet the needs of permanent and transient population, which can increase to 200,000 people in one day.
The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Future residential development permitted under the Housing Element Update could increase the demand for police protection services in the City, and may require improvements to existing facilities or increases in staffing and equipment_ The environmental impacts associated with the provision of new or physically altered police protection facilities would be dependent upon the location and nature of the proposed facilities, and would undergo separate environmental review pursuant to CEQA Guidelines. However, the GPEIR concluded maintaining the current service ratio and compliance with applicable General Plan policies would ensure " Ibid., Page 4.11-10.
September 30, 2011 71 Initial Study/Negative Declaration
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Housing Element Update
Initial Study/Negative Declaration
qC� FOFZN
impacts involving police protection services remain less than significant.45 Residential development permitted by the Housing Element Update was considered and evaluated in the GPEIR. Because additional residential development was anticipated to occur as a result of General Plan buildout and because the proposed project does not include changes to residential land use designations that would result in increased densities, potential impacts to police protection services from future residential development permitted under the Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified.
In addition, future discretionary residential development would be required to undergo subsequent environmental and/or development review on a project -by -project basis. As such, future projects would also be required to comply with development standards and requirements prescribed in the Zoning Ordinance, General Plan and relevant long-range plans and programs in order to ensure potential impacts to police protection services are minimized. Future development must be consistent with General Plan policies that would ensure adequate law enforcement is provided, as the City experiences future development. For example, compliance with Policy LU 2.8 would ensure that only land uses that can be adequately supported by the City's Public Services would be accommodated, and that adequate service ratios are maintained.
Given that future development would undergo project -by -project review, and be subject to compliance with General Plan policies, impacts involving police protection services would be less than significant.
Mitigation Measures: No mitigation is required.
4.14(a)(3) Schools?
Less Than Significant Impact. The Newport -Mesa Unified School District provides educational services to the City of Newport Beach as well as the City of Costa Mesa and other unincorporated areas of Orange County. The Airport Area is served by the Santa Ana Unified School District. Although implementation of the proposed Housing Element Update would not result in any specific development projects, future development that would be guided by the proposed project would increase the number of residents in the City, which could subsequently increase demands upon existing schools. Compliance with the General Plan policies identified under XIII(a) would be required for any new development proposed under the Housing Element. Additional policies such as LU 2.1, 6.1.2, and 6.1.4 would also encourage development of adequate schools to meet the needs of future residents. In general, payment of school impact fee requirement serves to mitigate project impacts upon schools.
Future discretionary residential development would undergo environmental and/or development review on a project -by -project basis based upon the development standards prescribed in NBMC, General Plan policies and/or relevant long-term plans and programs in order to ensure potential impacts to school facilities are minimized. General Plan Policy LU 6.1.1 requires that adequate school facilities within Newport Beach be provided such that the residents' needs would be served, 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. Therefore, because implementation of the Housing Element Update would not result in a direct increase in demand for school services, and because existing policies are in place to require payment of school impact fees by new development projects, this impact is considered less than significant.
Mitigation Measures: No mitigation is required.
4.14(a)(4) Parks?
Less Than Significant Impact. There are approximately 286 acres of parkland and approximately 90 acres of active recreational beach area within the City. Pursuant to NBMC Section 19.52.040, Parkland Standard, the City's park dedication standard for new residential subdivisions is 5.0 acres of parkland per 45 Ibid., Page 4.11-16.
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Initial Study/Negative Declaration
1,000 residents. According to the GPEIR, 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.
The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Future development permitted under the Housing Element Update in accordance with the densities prescribed in the City's Land Use Element of the General Plan would result in incremental increases in population, which would increase the demands for parkland and recreational facilities, and usage of existing facilities, such that deterioration of these facilities could be accelerated. Additionally, future housing development may require new parks or recreational facilities, and/or improvements to existing facilities_ The environmental impacts associated with the provision of new or physically altered parks and recreational facilities would be dependent upon the location and nature of the proposed facilities, and would undergo separate environmental review pursuant to CEQA Guidelines.
The GPEIR concluded the construction and enhancement of park and recreational facilities, and compliance with General Plan policies would ensure that increased demand and use resulting from an increased population would not significantly accelerate the deterioration of existing recreational facilities.
This impact would be less than significant.46 Development permitted in accordance with the Housing Element Update was considered in the GPEIR analysis, based on the densities and residential development potential at buildout of the General Plan. Because additional development was assumed and there are no proposed changes to residential land use designations that would result in increased residential densities, potential impacts to parks and recreational facilities from future development permitted by the Housing Element Update were anticipated in the GP/GPEIR. Implementation of the proposed Housing Element Update would, therefore, be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified.
Future discretionary development would undergo environmental and/or development review on a project - by -project basis based upon the permit requirements established within the NBMC in order to ensure potential impacts to parks and recreational facilities are minimized. Additionally, future residential development would be subject to compliance with NBMC Chapter 19.52, Park Dedications and Fees, which is intended to provide 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. These provisions are in accordance with Section 66477 of the Subdivision Map Act (known as the Quimby Act).
Future development would also be subject to compliance with General Plan Policy R 1.1, which requires future development to dedicate land or pay in -lieu fees at a minimum of 5.0 acres of parkland per 1,000 residents (per NBMC Section 19.52.040). In addition, 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. Given that future development would undergo project -by -project review, and be subject to compliance with General Plan policies, impacts to parks and recreational facilities would be less than significant_
Mitigation Measures: No mitigation is required.
4.94(a)(5) Other public facilities?
Less Than Significant Impact. The City of Newport Beach is serviced by four libraries: the Central Library, Mariner's Library, Balboa Branch Library, and Corona Del Mar Branch Library. The Newport Beach Public Library (NBPL) assesses their needs on a ratio of books per measure of population. The standard guidelines used for evaluating the acceptable level of service, which are set by the California State Library Office of Library Construction, the Public Library Association, and the American Library Association, are 0.5 sq. ft_ of library facility space and 2.0 volumes per capita. 46 Ibid., Page 4.12-15_
September 30, 2011 73 Initial Study/Negative Declaration
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r. City of Newport Beach
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u1 r Initial Study/Negative Declaration
The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Future development permitted by the Housing Element in accordance with the adopted residential land use designations would increase the demands for library facilities and resources caused by potential increases in population associated with the residential development. However, the GPEIR concluded compliance with General Plan policies would be less than significant.47 Development that would occur pursuant to the Housing Element Update was considered in the GPEIR analysis and there are not proposed changes to the land use designations that would result in increased densities/intensities that were not included in the GP. As such, potential impacts to library facilities from future development permitted by the proposed project would be consistent with the analysis presented in the GPEIR. As a result, the implementation of the Housing Element Update as currently proposed would result in no greater impacts than previously identified.
Therefore, implementation of the proposed Housing Element Update would result in less than significant impacts to library facilities.
Mitigation Measures: No mitigation is required.
4.15 RECREATION
ENA
Potentially
Significant
S at
No
Impact
E€:
lit
M
tncori
a. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated?
b. Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might f
have an adverse physical effect on the environment?
Impact Analysis
4.15(a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated?
Less Than Significant Impact. Refer to Response 4.14(a)(4).
Mitigation Measures: No mitigation is required.
4.15(b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment?
Less Than Significant Impact. Refer to Response 4.14(a)(4).
Mitigation Measures: No mitigation is required.
47 Ibid., Page 4.11-29.
September 30, 2011 74 Initial Study/Negative Declaration
EpORT City of Newport Beach
Housing Element Update
Initial Study/Negative Declaration
141 FL
4.16 TRANSPORTATION/TRAFFIC
a. Conflict with an applicable pian, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non -motorized travel and relevant components of ■
the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit??
b. Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county ■
congestion management agency for designated roads or
highways?
c. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in ■
substantial safety risks?
d. Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., ■
farm equipment)?
e. Result in inadequate emergency access?
■
f. Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the ■
performance or safeLof such facilities?
Impact Analysis
4.16(a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non -motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? Less Than Significant Impact. Currently, 17 roadway segments within the City operate at a level of service (LOS) that exceeds the City's Standard of LOS D. Five intersections citywide function at a deficient LOS. Future residential development permitted under the Housing Element in accordance with the adopted Land Use Element would increase vehicular movement in the vicinity of each future development site during AM and PM peak hour periods. Given that the City is primarily a built -out area, it is anticipated that future development permitted by the General Plan Update would generally consist of infill and redevelopment. As a result, the transportation infrastructure is largely already available to these areas. Impacts would result from the incremental traffic generation of redevelopment activities and new uses on vacant parcels.
Depending on the specific site locations, intensity of development, and trip distribution characteristics, future increases in traffic volumes could aggravate existing deficiencies and/or cause an intersection to operate at an unacceptable LOS. However, the GPEIR concluded General Plan buildout, including that associated with potential residential development, would not cause any intersection to fail to meet the City's LOS D standard. Therefore, this impact would be less than significant.48 Because future development permitted 'a Ibid., Page 4.13.32.
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EWPo City of Newport Beach
7 ° Housing Element Update
Initial Study/Negative Declaration
by the Housing Element Update was considered in the GPEIR analysis, potential impacts to intersection LOS from future development permitted under the Housing Element Update were also anticipated in the GP/GPEIR. As a result, implementation of the proposed Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified.
Future discretionary development would undergo environmental and/or development review on a project - by -project basis based upon the permit requirements established within the Housing Element Update in order to ensure potential impacts to intersection LOS are minimized. Due to the conceptual nature of the future development, proposals would require individual assessments of potential impacts to traffic and transportation. If necessary, mitigation would be recommended to avoid or lessen potential impacts at the site specific level. Future development would also be subject to compliance with NBMC Chapter 15.38, Fair Share Traffic Contribution Ordinance, which establishes a fee, based upon the unfunded cost to implement the Master Plan of Streets and Highways, to be paid in conjunction with the issuance of a building permit, Compliance with NBMC Chapter 15.40, Traffic Phasing Ordinance, would ensure that the effects of new development projects are mitigated by developers as they occur. Future residential development would also be subject to compliance with General Plan Policies identified in GPEIR Section 4.13, Transportation/Traffic. Given that future residential development would undergo project -by -project review, and would also be subject to compliance with NBMC standards and General Plan policies, impacts to intersection LOS would be less than significant as a result of the proposed Housing Element Update.
Refer to Response 4.16(f) for discussions regarding potential impacts to transit, bicycle, and pedestrian facilities.
Mitigation Measures: No mitigation is required.
4.16(b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways?
Less Than Significant Impact. The purpose of the Orange County Congestion Management Program (CMP) is to develop a coordinated approach to managing and decreasing traffic congestion by linking the various transportation, land use and air quality planning programs throughout the County. The CMP program requires review of substantial individual projects, which might on their own impact the CMP transportation system.
According to the CMP (Orange County Transportation Authority, 2001), those proposed projects, which meet the following criteria, shall be evaluated:
• Development projects that generate more than 2,400 daily trips (the threshold is 1,600 or more trips per day for development projects that will directly access a CMP Highway System link). • Project with a potential to create an impact of more than three percent of level of service E capacity.
The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Future residential development permitted under the Housing Element Update would occur in accordance with the densities permitted in the adopted Land Use Element. That development would result in increased vehicular movement in the vicinity of each future development site and potentially on roadway facilities subject to CMP. However, as discussed in Response 4.16(a) above, future residential development permitted under the Housing Element Update was considered in the GPEIR analysis based on the residential densities permitted by the (adopted) Land Use Element. Therefore, because additional residential development was anticipated to occur and evaluated in the GPEIR, potential impacts to intersection LOS from future development permitted by the Housing Element Update were adequately evaluated in the GP/GPEIR.
September 30, 2011 76 Initial Study/Negative Declaration
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o� e�
� rn Housing Element Update
\ = Initial Study/Negative Declaration
q IF F�
Given that future residential development would undergo project -by -project review, and be subject to compliance with NBMC standards and General Plan policies, impacts to CMP designated roads or highways caused by future residential development pursuant to the Housing Element Update would be less than significant.
Mitigation Measures: No mitigation is required.
4.16(c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? No Impact. The City is primarily a built -out area, and it is anticipated that future development permitted by the Housing Element in accordance with the adopted Land Use Element residential densities would generally consist of infill and redevelopment at sites designated for both residential and mixed uses (which allow also allow residential development). Where such potential residential and/or mixed use development is proposed within the limits of the JWA AELUP, it will comply with all relevant requirements, including those related to noise, building height, and related parameters established by the AELUP, Newport Beach General Plan, and NBCC. Therefore, future development permitted by the Housing Element Update would not result in a change in air traffic patterns that results in substantial safety risks.
Mitigation Measures: No mitigation is required.
4.16(d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Less Than Significant Impact. As indicated in the analysis conducted for the Newport Beach General Plan Update in the GPEIR, the circulation improvements identified in Table 4.13-10 of the GPEIR would be implemented as part of the long-range circulation improvement plans for the City. None of those improvements would introduce new safety hazards at intersections or along roadway segments, as most would increase capacity and flow. In addition, Policies within the Circulation and Land Use Elements (CE
1.3.2, 2.2.1, 2.2.5) provide for maintaining and enhancing existing roadways, increasing safety of roadways, and balancing safety, quality of life and efficiency in the design of circulation and access. These policies of the adopted Circulation Element of the Newport Beach General Plan Update would help reduce hazards due to design features.
Currently, there are no site -specific development plans for development in accordance with the Housing Element Update. Therefore, future residential development proposals would be reviewed on a case -by - case basis. At the time of review, any hazardous designs shall be modified. Additionally, future residential development pursuant to the Housing Element Update would be required to comply with the General Plan policies, which would minimize potential impacts involving hazards due to a design feature.
Mitigation Measures: No mitigation is required.
4.16(e) Result in inadequate emergency access?
Less Than Significant Impact. As indicated in the analysis conducted for the Newport Beach General Plan Update in the GPEIR, the project would be required to comply with applicable Municipal Code and Fire Code requirements regarding emergency access. Also, as discussed in Section 4.6 Hazards (Impact 4.6-8), the adopted General Plan Safety Element also contains Policies S9.1, S9.2, and S9.4, which are intended 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 S9.5 of the Safety Plan calls for the distribution of information about emergency planning to community groups, schools, religious institutions, business associations, and residents. Consequently, the project would provide adequate emergency access to the project area. All future residential development permitted under the Housing Element Update September 30, 2011 77 Initial Study/Negative Declaration
�� WP��''T City of Newport Beach
O•
}; � y Housing Element Update
would be required to meet all applicable local and State regulatory standards for adequate emergency access; refer also to Response 4.8(g). Therefore, any potential impacts would be less than significant.
Mitigation Measures: No mitigation is required.
4.16(0 Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? Less Than Significant Impact. Currently transit lines exist throughout the City. As illustrated in GPEIR Figure 4.13-7, Newport Beach Existing Bicycle Facilities, bikeways, bike paths, and bike trails exist throughout the City. Additionally, there are currently sidewalks along all roadways in the City_ There are also marked crosswalks or other pedestrian treatments at all intersections.
Given that the City is primarily a built -out area, and future residential development permitted under the Housing Element Update would generally consist of infill and redevelopment, it is not anticipated that any incremental growth in transit trips produced by the future development would generate a demand beyond the capacity already provided. Additionally, it is not anticipated that future development would impact the effectiveness of the City's bicycle and pedestrian facilities. Future residential development would be subject to compliance with the General Plan policies pertaining to transit, bicycle, and pedestrian facilities outlined in GPEIR Section 4.13, Transportation/Traffic. In particular, compliance with General Plan Policies CE5.1.1 to CE5.1.16 and CE6.2.1 to CE6.2.3 would encourage alternative modes of transportation on the local and regional scale including pedestrian, bicycle, and transit. Given that future development would undergo project -by -project review, and be subject to compliance with General Plan policies, impacts to transit, bicycle, and pedestrian facilities would be less than significant.
Mitigation Measures: No mitigation is required.
4.17 UTILITIES AND SERVICE SYSTEMS
a. Exceed wastewater treatment requirements of the applicable ■
Regional Water Quality Control Board?
b. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the ■
construction of which could cause significant environmental effects?
c. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of ■
which could cause significant environmental effects?
d. Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded ■
entitlements needed?
e. Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate ■
capacity to serve the project's projected demand in addition to the provider's existing commitments?
f. Be served by a landfill with sufficient permitted capacity to ■
accommodate the ro'ecfs solid waste disposal needs?
g. Comply with federal, state, and local statutes and regulations ■
related to solid waste?
September 30, 2011 78 Initial Study/Negative Declaration
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City of Newport Beach
Housing Element Update
Initial Study/Negative Declaration
Impact Analysis
4.17(a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board?
No Impact. The City requires NPDES permits, as administered by the Santa Ana RWQCB, according to federal regulations for both point source discharges (a municipal or industrial discharge at a specific location or pipe) and nonpoint source discharges (diffuse runoff of water from adjacent land uses) to surface waters of the United States. For point source discharges, such as sewer outfalls, each NPDES permit contains limits on allowable concentrations and mass emissions of pollutants contained in the discharge.
The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Future residential development permitted under the Housing Element in accordance with the land use designations reflected in the Land Use Element of the City's General Plan would not exceed wastewater treatment requirements.
The GPEIR concluded General Plan implementation would result in no impact, because future development would be required to adhere to existing regulations and General Plan policies.49 Development permitted by the Housing Element Update based on the Land Use Element was considered in the GPEIR analysis, which assumed that additional residential development would occur; no proposed changes to residential land use designations and/or residential densities that would result in increased densities/intensities would occur as a result of the Housing Element Update. Therefore, potential impacts involving demands for wastewater treatment requirements from future residential development permitted under the Housing Element were also anticipated and adequately addressed in the GP/GPEIR. As a result, implementation of the proposed Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified.
Nonetheless, future discretionary residential development would be required to undergo environmental and/or development review on a project -by -project basis based upon the permit requirements prescribed in the zoning district development regulations, General Plan policies, etc., in order to ensure future development would not exceed wastewater treatment requirements. Future development would continue to comply with all provisions of the NPDES program, as enforced by the RWQCB. Additionally, the NPDES Phase I and Phase II requirements would regulate discharge from construction sites. All future projects would be required to comply with the wastewater discharge requirements issued by the SWRCB and Santa Ana RWQCB. Therefore, the future residential development permitted under the Housing Element Update would not result in an exceedance of wastewater treatment requirements of the RWQCB with respect to discharges to the sewer system or stormwater system within the City.
Mitigation Measures: No mitigation is required.
4.17(b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects?
Less Than Significant Impact.
Water Conveyance and Treatment
The City's water service is provided by the City, Irvine Ranch Water District (IRWD), and Mesa Consolidated Water District (Mesa). GPEIR Figure 4.14-1, Water Infrastructure and Service Areas, 49 Ibid., Page 4.14-30.
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illustrates the City's water infrastructure and service boundaries of each provider. Moreover, the City's existing water system is described in GPEIR Section 4.14.1, Water Systems.
The City's imported surface water supply is primarily treated at the Metropolitan Water District (MWD) Diemer Filtration Plant, with a treatment capacity of approximately 520 MGD, operating at 72 percent capacity during the summer. According to the GPEIR, MWD can meet 100 percent of the City's imported water needs until the year 2030. In addition, Irvine Ranch Water District (IRWD) also receives potable water from MWD's Weymouth Filtration Plant, which operates at approximately 65 percent capacity during the summer. Currently, the City's groundwater supply is treated at the City's Utility Yard, which can accommodate up to 1.5 MG in each chamber reservoir.
While it is anticipated that future residential development permitted under the Housing Element Update would increase water consumption, placing greater demands on water conveyance and treatment facilities, the GPEIR concluded adequate water infrastructure would be provided for all General Plan (i.e., buildout) development and. furthermore, impacts involving water conveyance and treatment facilities would be less than significant, following compliance with General Plan policies.50 As previously indicated, residential development occurring pursuant to the Housing Element Update and in accordance with the Land Use Element of the Newport Beach General Plan was previously considered and adequately evaluated in the GPEIR analysis for the General Plan Update in 2006, which anticipated that additional residential development would occur through General Plan buildout. Because the Housing Element Update does not propose changes to the adopted land use designations and/or residential densities that would result in increased densities/intensities that were not previously evaluated in the GP/GPEIR, the potential impacts to water conveyance and treatment facilities from future development permitted by the Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified.
Future discretionary residential development would also be required to undergo environmental and/or development review on a project -by -project basis based upon the development standards and related requirements prescribed Newport Beach General Plan and zoning ordinance in order to ensure that adequate water conveyance and treatment infrastructure is provided. The environmental impacts associated with the construction of new water conveyance and treatment facilities or expansion of existing facilities (if required) would be dependent upon the location and nature of the future residential development, which would undergo separate environmental review pursuant to CEQA Guidelines. Future development would also be subject to compliance with General Plan policies that would implement water conservation measures, thereby reducing the volume of water requiring conveyance and treatment. Policy LU 2.8 directs the City to accommodate land uses that can be adequately supported by infrastructure, including water conveyance and treatment facilities. Given that future development would undergo project - by -project review, and be subject to compliance with General Plan policies, impacts to water conveyance and treatment facilities would be less than significant.
Wastewater Conveyance and Treatment
Wastewater service within the City is provided by the City, IRWD, and Costa Mesa Sanitation District (CMSD). GPEIR Figure 4.14-2, Wastewater Infrastructure and Service Areas, illustrates the City's wastewater infrastructure and service boundaries of each provider. Moreover, the City's existing wastewater system is described in GPEI R Section 4.14.2, Wastewater Systems.
Wastewater from the City's system and CMSD is treated by the Orange County Sanitation District (OCSD) at their two treatment plants. OCSD Treatment Plant No. 1 currently maintains a design capacity of 174 mgd and is operating at 52 percent design capacity. Treatment Plant No. 2 maintains a design capacity of 276 mgd and is currently operating at 55 percent of design capacity. Wastewater flows from the IRWD wastewater system are treated at the OCSD Reclamation Plant No. 1, Treatment Plant No. 2, or at the 50 Ibid., Page 4.14-17,
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Michelson Water Reclamation Plant (MWRP). Therefore, each of the treatment plants serving the City is operating below their design capacity.
Future residential development permitted under the Housing Element Update in accordance with the City's Land Use Element would be expected to generate increased wastewater flows, which would place greater demands on wastewater conveyance and treatment. However, the GPEIR concluded that compliance with General Plan policies would ensure adequate wastewater facilities are available to City residents, and impacts to wastewater conveyance and treatment facilities would be less than significant.51 Because future residential development permitted under the Housing Element Update was contemplated, such potential future development was considered and evaluated in the GPEIR analysis. Because additional development was anticipated to occur in the future and, furthermore, because there are no proposed changes to either the adopted General Plan land use designations or residential densities that would result in increased densities/intensities that were not included in the GP, potential impacts to wastewater conveyance and treatment facilities from future development permitted by the Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified.
In addition, future discretionary development would be required to undergo environmental and/or development review on a project -by -project basis based upon the development standards, General Plan policies, and related requirements to ensure that adequate wastewater conveyance and treatment infrastructure is available and can be provided. The environmental impacts associated with the construction of new wastewater conveyance and treatment facilities or expansion of existing facilities (if required) would be dependent upon the location and nature of the proposed facilities, and would undergo separate environmental review pursuant to CEQA Guidelines. Future development would also be subject to compliance with the City's Sewer System Management Plan and Sewer Master Plan (Policy NR 5.1).
Given that future development would undergo project -by -project review, and be subject to compliance with General Plan policies, impacts to wastewater conveyance and treatment facilities would be less than significant.
Mitigation Measures: No mitigation is required.
4.17(c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects?
Less Than Significant Impact. Refer to Responses 4.9(a), 4.9(c), and 4.9(d).
Mitigation Measures: No mitigation is required.
4.17(d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? Less Than significant Impact. Water service is provided by the City, IRWD, and Mesa Consolidated Water District. Water supply is provided by groundwater and imported surface water. Approximately 75 percent of the water supply is provided by groundwater from the Orange County Groundwater Basin. The remainder is provided by MWD, which delivers water from the Colorado River and the State Water Project.
The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Future residential development permitted under the proposed Housing Element Update would increase the City's water demands. Although the GPEIR concluded the 2030 projected availability of imported water supply exceeds the 2030 projected region -wide demand for imported water supply by at least 155,000 AF,52 the analysis 5' Ibid., Page 4.14-32,
52 Ibid., Page 4.14-32.
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presented in the GPEIR concluded, because adequate existing and planned imported water supply to accommodate the increased demand associated with the General Plan would be available, impacts to the water supply would be less than significant. Because future residential development permitted under the Housing Element Update was anticipated and considered in the GPEIR analysis for buildout of the adopted General Plan and, furthermore, since the proposed Housing Element Update does not include changes to either adopted land use designations or residential densities that would result in development not previously included in the GP and analyzed in the GPEIFR, potential impacts to water supply from future residential development permitted under the Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified.
Nonetheless, future discretionary residential development would be required to undergo environmental and design review on a project -by -project basis, in order to ensure that adequate water supply is provided. In particular, future development would be subject to compliance with Senate Bills 221 and 610. The two bills amended State law to better link information on water supply availability to certain land use decisions by cities and counties. The two companion bills provide a regulatory forum that requires more collaborative planning between local water suppliers and cities and counties. All SB 610 and 221 reports are generated and adopted by the public water supplier.
Senate Bill (SB) 610 requires a detailed report regarding water availability and planning for additional water supplies that is included with the environmental document for specified projects. All "projects" meeting any of the following criteria require the assessment:
• A proposed residential development of more than 500 dwelling units (DU); • A proposed shopping center or business establishment employing more than 1,000 persons or having more than 500,000 square feet (SF) of floor space; • A proposed commercial office building employing more than 1,000 persons or having more than 250,000 SF of floor space;
• A proposed hotel or motel, or both, having more than 500 rooms; • A proposed industrial, manufacturing, or processing plant, or industrial park planned to house more than 1,000 persons, occupying more than 40 acres of land, or having more than 650,000 SF of floor area;
• A mixed -use project that includes one or more of the projects specified in this subdivision; or • A project that would demand an amount of water equivalent to, or greater than the amount of water required by a 500 DU project.
While SB 610 primarily affects the Water Code, SB 221 principally applies to the Subdivision Map Act. The primary effect of SB 221 is to condition every tentative map for an applicable subdivision on the applicant by verifying that the public water supplier (PWS) has "sufficient water supply" available to serve it. Any future development meeting SB 610 criteria would require a water supply assessment. Similarly, any residential project involving a subdivision pursuant to SB 221 would require verification of sufficient water supply from the water supplier.
Additionally, the NBMC includes a Landscaping Standards chapter, which provides landscape standards to conserve water, among other objectives. All future residential development would also be subject to compliance with General Plan policies, which serve to minimize water consumption through conservation methods and other techniques (Policies NR 1.1 to 1.5), and expand the use of alternative water sources to provide adequate water supplies for present uses and future growth (Policies NR 2.1 and 2.2). Given that future development would undergo project -by -project review, and be subject to compliance with existing legislation (SBs 610 and 221), NBMC standards, and General Plan policies, impacts to water supplies would be less than significant.
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Mitigation Measures: No mitigation is required
4.17(e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments?
Less Than Significant Impact. Refer to Response 4.17(b).
Mitigation Measures: No mitigation is required.
4.17(f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs?
Less Than Significant Impact. The City contracts with Waste Management of Orange County in Newport Beach to collect and dispose of the City's solid waste. The solid waste is disposed of at the Frank R.
Bowerman Landfill in Irvine. The Bowerman Landfill, which is operated by the Orange County Integrated Waste Management Department (OCIWMD), is a 725-acre facility that is operating at a maximum daily permitting capacity of 8,500 tons per day. The landfill has a remaining capacity of 44.6 million tons and is expected to remain open until 2022.
The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Future residential development permitted under the Housing Element Update in accordance with the adopted Land Use Element would generate increased solid wastes, placing greater demands on solid waste disposal services, and ultimately on landfill disposal capacities. However, the GPEIR concluded impacts would be less than significant, since Frank R. Bowerman Sanitary Landfill would have sufficient capacity to serve the increased General Plan development.53 Development permitted by the Housing Element Update was anticipated and, therefore, considered in the GPEIR analysis. Because the proposed project does not include changes to either residential land use designations or residential densities that would result in increased densities when compared to the adopted General Plan, potential impacts to landfill capacity from future development permitted by the Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified.
In addition, future discretionary residential development would also be required to undergo environmental and/or development review on a project -by -project basis based upon the development standards prescribed in the NBMC, Newport Beach General Plan and related long-range plans and programs in order to ensure that impacts to landfill capacities are minimized. Additionally, the Solid Waste and Recyclable Materials Storage section of the NBMC was revised to include standards to ensure that adequate space is provided and trash storage areas are adequately screened. Given that future development would undergo project - by -project review, and be subject to compliance with NBMC standards, impacts to landfill capacity would be less than significant.
Mitigation Measures: No mitigation is required.
4.17(g) Comply with federal, state, and local statutes and regulations related to solid waste? Less Than Significant Impact. The California Integrated Waste Management Act of 1989 (AB 939) required that local jurisdictions divert at least 50 percent of all solid waste generated by January 1, 2000.
The City consistently complies with AB 939 through diverting 50 percent or more of solid waste. The City also remains committed to continuing reducing and minimizing solid waste. Therefore, future development would not conflict with Federal, State, or local statues and regulations. 53 Ibid., Page 4.14-44.
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Mitigation Measures: No mitigation is required.
4.18 MANDATORY FINDINGS OF SIGNIFICANCE
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a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal ■
community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the majorperiods of California hilt or rehisto ?
b. Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future rojects ?
_ _
c. Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or ■
indirectly?
Impact Analysis
4.18(a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory?
Less Than Significant Impact_ As concluded in Responses 4.4 and 4.5, respectively, the proposed Housing Element Update would result in less than significant impacts on biological resources and cultural resources (i.e. historic, archaeological, or paleontological). Therefore, the proposed Housing Element Update would result in less than significant impacts involving the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major period of California history or prehistory. No significant impacts are anticipated and no mitigation measures are required.
4.18(b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? Less Than Significant impact. As all impacts discussed in this Initial Study have been previously addressed in the General Plan Update EIR. Because the proposed Housing Element Update includes only policy and program revisions and will not result in changes to the land use designations and/or residential September 30, 2011 84 Initial Study/Negative Declaration
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densities reflected on the City's General Plan Land Use Element, all of the potential project -related impacts are determined to be less than significant or can be reduced to less than significant following compliance with General Plan policies, as revealed in the GPEIR. Furthermore, implementation of the proposed Housing Element Update would not result in significant cumulative impacts. As indicated previously in this analysis, the proposed Housing Element Update is consistent with the City's GP/GPEIR. Through certification of the GPEIR in July 2006, the City Council found that the benefits of General Plan implementation outweighed its significant environmental impacts, including cumulative impacts on aesthetics, air quality, cultural, noise, population and housing, and traffic. Future residential development permitted under the Housing Element Update in accordance with the Land Use Element was considered in the GPEIR analysis that evaluated future buildout of the Newport Beach General Plan. Based on that analysis, which included additional residential development, potential cumulative impacts from such future development permitted by the Housing Element Update were anticipated and adequately analyzed in the GP/GPEIR, implementation of the proposed Housing Element Update is consistent with that analysis.
Consequently, project implementation would result in no greater cumulative impacts than previously identified and no mitigation measures are required.
4.18(c) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? Less Than Significant Impact. Previous sections of this Initial Study reviewed the proposed project's potential impacts involving each of the issues included in the environmental checklist. As concluded in these assessments, the proposed Project would not result in any significant impacts related to these issues.
The GPEIR, which was certified by the Newport Beach City Council in July 2006, adequately analyzed each of the issues based on buildout of the adopted General Plan. Because the proposed Housing Element Update Project does not include any changes to either the residential land use designations or residential densities that would yield a greater number of dwelling units and/or residential development that that analyzed in the GPEIR, the proposed project would not result in environmental impacts that would cause substantial adverse effects on human beings. No significant impacts are anticipated and no mitigation measures are required.
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cq http://www.conservation.ca.gov/
cgs/rghm/ap/Pages/affected.aspx. Accessed May 18, 2010. 2) California Office of the Attorney General, Sustainability and General Plans. Examples of Policies to Address Climate Change, updated January 22, 2010.
3) City of Newport Beach, City of Newport Beach General Plan, July 25, 2006. 4) City of Newport Beach Municipal Code, Approved by Ordinance No. 97-09, Adopted March 24, 1997.
5) EIP Associates, City of Newport Beach General Plan 2006 Update, Volume 1 Draft Environmental Impact Report, April 21, 2006.
6) Fundamentals and Abatement of Highway Traffic Noise, Bolt, Beranek, and Newman, 1973. 7) South Coast Air Quality Management District, 2007 Air Quality Management Plan for the South Coast Air Basin, October 2003.
8) South Coast Air Quality Management District, CEQA Air Quality Handbook, November 1993. 9) State of California, Department of Finance, E-5 Population and Housing Estimates for Cities, Counties, and the State, 2001-2010, with 2000 Benchmark. Sacramento, California, May 2010.
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4.20 REPORT PREPARATION PERSONNEL
City of Newport Beach (Lead Agency)
3300 Newport Boulevard
Newport Beach, California 92663
(949)644-3209
Mr. James Campbell, Principal Planner
Mr. Jaime Murillo, Associate Planner
Ms. Melinda Whelan, Assistant Planner
Keeton Kreitzer Consulting (Environmental Analysis)
180 South Prospect Avenue, Suite 140A
P. O. Box 3905
Tustin, CA 92781-3905
(714) 665-8509
Mr. Keeton K. Kreitzer, Principal
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5.0 CONSULTANT RECOMMENDATION
Based on the information and environmental analysis contained in Section 3.0, Initial Study Checklist, and Section 4.0, Environmental Analysis, it is concluded that the proposed City of Newport Beach Zoning Code Update Project would not have a significant effect on the environmental issues analyzed. Accordingly, it is recommended that the first category be selected for the City's determination (refer to Section 6.0, Lead Agency Determination) and that the City of Newport Beach prepare a Negative Declaration for the Project.
September 30, 2011
Date
Keeton K. Kreitzer, Principal
Keeton Kreitzer Consulting
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On the basis of this initial evaluation:
I find that the proposed use COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.
I find that although the proposal could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described in Section 4.0 have been added. A NEGATIVE DECLARATION will be prepared.
I find that the proposal MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposal MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.
Z
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Jaime Murillo, Associate Planner
Printed Name/Title
City of Newport Beach
Agency
September 28, 2011
Date
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Appendix A
HCD Review of Housing Element Update
STATE OF CALIFORNIA -AUSINESS TR6NSMIRTATION AND HOUSING AGENCY MMUND Q- RROWN JR, G rnor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
1800 Third Street, Suite 430 .;.
P. O. Box 952053
Sacramento, CA 94252 2053
(916) 323-31771 FAX (916) 327-2643
www.hcd.ca.gov `
September 8, 2011
Ms. Kimberly Brandt
Community Development Director
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92658
Dear Ms. Brandt:
RE: Review of the City of Newport Beach's Revised Draft Housing Element Update Thank you for submitting Newport Beach's revised draft housing element update received for review on August 9, 2011. The Department is required to review draft housing elements and report the findings to the locality pursuant to Government Code Section 65585(b). Telephone conversations with Messrs. Gregg Ramirez, Senior Planner and Jamie Murillo, Associate Planner, facilitated the review. In addition, pursuant to Government Code Section 65585(c), the Department considered. comments from Mr. Cesar Covarrubias, of the Kennedy Commission.
The revised draft element addresses the statutory requirements described in the Department's April 15, 2011 review. For example, the element now includes a complete analysis of governmental constraints. As a result, the revised element will comply with State housing element law (Article 10.6 of the Government Code) when adopted and submitted to the Department, pursuant to Government Code Section 65585(g).
Successful implementation of Program 3.2.2, to remove the 10-acre minimum site requirement and Program 3.2.3, to allow by -right development for multifamily housing affordable to lower -income households are critical to facilitate the development of the John Wayne Airport Area (PC 11 and PC15). The City must monitor and. report on the results of -these and other programs through the annual progress report, required pursuant to Government Code Section 65400.
The Department appreciates the hard work and dedication of Messrs. Murillo and Ramirez throughout the course of the review and looks forward to receiving Newport Beach's adopted housing element. If you have any questions or need additional technical assistance, please contact Melinda Coy, of our staff, at (916) 445-5307.
Sincerely,
,,& / 'e,
'Glen A. Campora
Assistant Deputy Director
ADDENDUM TO THE
CITY OF NEWPORT BEACH GENERAL PLAN 2006 UPDATE
FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT
Prepared by:
City of Newport Beach
Community Development Department
3300 Newport Boulevard
Newport Beach, California 92658-8915
November 2007
Addendum to Citv of Newport Beach General Plan 2006 Update EIR
TABLE OF CONTENTS
Section Paqe
Section1.0 Introduction..........................................................................................................1-1
1.1 Purpose of Addendum............................................................................1-1
1.2 Previous Environmental Documentation and discretionary actions ........ 1-2 Section 2.0 Project Description..............................................................................................2-1
2.1 Project Location......................................................................................2-1
2.2 Project Characteristics............................................................................2-1
2.2.1 North Newport Center PC Text...................................................2-1
2.2.2 Transfer of Development Rights.................................................2-3
2.2.3 Phased Land Use Development and Circulation Improvement Plan (TPO Approval)...................................................................2-3
2.2.4 Affordable Housing Implementation Plan (AHIP)........................2-4
2.2.5 Development Agreement............................................................2-4
2.2.6 Discretionary Actions..................................................................2-4 Section 3.0 Environmental Analysis......................................................................................3-1
3.1 Aesthetics...............................................................................................3-1
3.2 Agricultural Resources............................................................................3-4
3.3 Air Quality...............................................................................................3-4
3.4 Biological Resources..............................................................................3-8
3.5 Cultural Resources...............................................................................3-10
3.6 Geology, Soils, and Mineral Resources................................................3-12
3.7 Hazards and Hazardous Materials.......................................................3-14
3.8 Hydrology and Water Quality................................................................3-17
3.9 Land Use and Planning........................................................................3-20
3.10 Noise....................................................................................................3-24
3.11 Population and Housing........................................................................3-27
3.12 Public Services.....................................................................................3-28
3.13 Recreation and Open Space................................................................3-31
3.14 Transportation/Traffic............................................................................3-33
3.15 Utilities and Service Systems...............................................................3-45 F:\USERS\PLN\Shared\PA's\PAs - 2007\PA2007-151\2007-12-11 CC\Draft Addendum-1 1 1907.doc i Table of C
Addendum to City of Newport Beach General Plan 2006 Update EIR TABLES
Table Page
1 Development Area Summary .........................................................................................2-3 2 Trip Generation Summary............................................................................................3-35 3 One Percent Analysis...................................................................................................3-36 4 ICU Summary...............................................................................................................3-40 5 Converted Uses...........................................................................................................3-42
EXHIBITS
Exhibit Follows Page
1 Local Vicinity Map..........................................................................................................2-2 2 Fashion Island, Block 500, Block 600, San Joaquin Boundaries...................................2-2 3 Existing and Proposed Zoning Designations.................................................................2-2 F:\USERS\PLN\Shared\PA's\PAs - 2007\PA2007-151\2007-12-11 CC\Draft Addendum-1 1 1907.doc Table of C
Addendum to Citv of Newport Beach General Plan 2006 Update EIR SECTION 1.0
INTRODUCTION
1.1 PURPOSE OF ADDENDUM
This document, prepared pursuant to the California Environmental Quality Act (CEQA), constitutes an Addendum to the City of Newport Beach General Plan 2006 Update Program Final Environmental Impact Report (EIR) Screencheck No. 2006011119 certified on July 25, 2006. This Addendum was prepared in accordance with the provisions of the California Environmental Quality Act (CEQA), Public Resources Code §§21000, et seq., and the State CEQA Guidelines, California Code of Regulations §§15000, et seq. CEQA Guidelines §15164(a) states that "the lead agency or a responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred." Pursuant to CEQA Guidelines §15162(a), a subsequent Environmental Impact Report (EIR) or Negative Declaration is only required when:
(1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;
(2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or
(3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, shows any of the following:
(A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration;
(B) Significant effects previously examined will be substantially more severe than shown in the previous EIR;
(C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or
(D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.
FAUSERS\PLN\Shared\PA's\PAs - 2007\PA2007-151\2007-12-11 CC\Draft Addendum-1 1 1907.doc 1-1 Introductic
Addendum to Citv of Newport Beach General Plan 2006 Update EIR The proposed North Newport Center Project includes the following City actions to implement the 2006 General Plan:
1. Approval of a zoning amendment to adopt the North Newport Center Planned Community Development Plan (herein referred to as the North Newport Center PC Text), including the reclassification of property to the Planned Community (PC) District and amendment to two existing Planned Community Development Plans;
2. Approval of a transfer of development rights, pursuant to General Plan policy, to convert unbuilt hotel entitlement to office entitlement and to relocate this entitlement and existing office and commercial development from Block 600 to Block 500;
3. Approval of a traffic study of the North Newport Center Phased Land Use Development and Circulation System Improvement Plan pursuant to the Traffic Phasing Ordinance (herein referred to as the TPO approval);
4. Approval of an Affordable Housing Implementation Plan (herein referred to as the AHIP) pursuant to the 2006 General Plan Housing Element; and
5. Approval of a Zoning Implementation and Public Benefit Agreement between the City of Newport Beach and The Irvine Company Concerning North Newport Center (herein referred to as the Development Agreement) pursuant to Newport Beach Municipal Code Section 15.45, Development Agreements
The purpose of this Addendum is to analyze the potential differences between the impacts evaluated in the City of Newport Beach General Plan 2006 Update Final EIR, hereafter referred to as the General Plan EIR, and those that would be associated with the North Newport Center Project. As described in detail herein, there are no new significant impacts resulting from these changes nor is there any substantial increase in the severity of any previously identified environmental impacts. The potential impacts associated with these proposed changes would either be the same or less than the anticipated levels ascribed in the certified General Plan EIR.
In addition, there are no substantial changes to the circumstances under which future development projects subject to the 2006 General Plan and PC Text would be undertaken.
Therefore, in accordance with CEQA Guidelines §15164, this Addendum to the certified General Plan Final EIR is the appropriate environmental documentation for the North Newport Center PC Text.
Pursuant to §15367 of the State CEQA Guidelines, the City of Newport Beach (City) is the lead agency for the project. The lead agency is the public agency that has the principal responsibility for carrying out or approving a project that may have a significant effect upon the environment.
Newport Beach has the authority for project approval and certification of the accompanying environmental documentation. In taking action on any of the approvals outlined in Section 2.0, Project Description, the City, as the lead agency and decision making body, must consider the whole of the data presented in the General Plan EIR and this Addendum to the General Plan EIR.
1.2 PREVIOUS ENVIRONMENTAL DOCUMENTATION AND DISCRETIONARY ACTIONS The General Plan EIR was certified
adequately addressing the potential
City of Newport Beach, inclusive of
Plaza (North Newport Center). The
actions being addressed as part i
addressed in Section 2.0, Project
by the Newport Beach City Council on July 25, 2006, as
environmental impacts associated with the buildout of the Fashion Island, Block 500, Block 600, and San Joaquin
ocation of North Newport Center, approvals granted, and )f this Addendum to the General Plan EIR are further
)escription. The adopted 2006 General Plan placed the
FAUSERS\PLN\Shared\PA's\PAs - 2007\PA2007-151\2007-12-11 CC\Draft Addendum-1 1 1907.doc 1-2 Introductic
Addendum to Citv of Newport Beach General Plan 2006 Update EIR following designations on the four sub -areas included in the Project and analyzed full implementation of entitlements for Fashion Island, Block 500, Block 600, and San Joaquin Plaza.
Fashion Island Regional Commercial (CR)
Block 500 Mixed Use Horizontal 3 (MU-H3) and Open Space (OS) Block 600 Mixed Use Horizontal 3 (MU-H3) and Open Space (OS) San Joaquin Plaza Mixed Use Horizontal 3 (MU-H3) and Open Space (OS) When a project is large and complex, such as a General Plan update, and will be implemented over a multi -year period, a Program EIR enables the lead agency to approve the overall program. When individual activities within the program are proposed, the agency is then required to examine the individual activities to determine if their effects were adequately analyzed in the Program EIR. Consistent with CEQA Guidelines §15162, the lead agency can approve the activities as being within the scope of the project covered by the Program EIR.
The State CEQA Guidelines §15168(a) defines a Program EIR as:
...an EIR which may be prepared on a series of actions that can be characterized as one large project and are related either:
(1) Geographically,
(2) A logical parts in the chain of contemplated actions, (3) In connection with issuance of rules, regulations, plans, or other general criteria to govern the conduct of a continuing program, or (4) As individual activities carried out under the same authorizing statutory or regulatory authority and having generally similar environmental effects which can be mitigated in similar ways.
The State CEQA Guidelines §15168(c)(2) states:
(2) If the agency finds that pursuant to Section 15162, no new effects could occur or no new mitigation measures would be required, the agency can approve the activity as being within the scope of the project covered by the program EIR, and no new environmental document would be required.
As previously noted, CEQA Guidelines §15162(a) states that a subsequent EIR is not necessary in the absence of the following: (1) substantial changes to the project, (2) substantial changes to the project circumstances, or (3) new information of substantial importance.
Use of a Program EIR for the update of the General Plan afforded the City many advantages that would not be realized if projects had been evaluated on an action -by -action basis. These advantages are outlined in CEQA Guidelines §15168(b), which states: "The Program EIR can:
(1) Provide an occasion for a more exhaustive consideration of effects and alternatives than would be practical in an EIR on an individual action, (2) Ensure consideration of cumulative impacts that might be slighted in a case - by -case analysis,
(3) Avoid duplicative reconsideration of basic policy considerations, FAUSERS\PLN\Shared\PA's\PAs - 2007\PA2007-151\2007-12-11 CC\Draft Addendum-1 1 1907.doc 1-3 Introductic
Addendum to Citv of Newport Beach General Plan 2006 Update EIR (4) Allow the Lead Agency to consider broad policy alternatives and program - wide mitigation measures at an early time when the agency has greater flexibility to deal with basic problems or cumulative impacts, and (5) Allow reduction in paperwork."