HomeMy WebLinkAboutConservation_Element_January_1974CONSERVATION
OF
NATURAL RESOURCES
ELEMENT
January 1974
Adopted by the Newport Beach City Council
January 14, 1974
Resolution No. 8174
RESOLUTION NO. 8174
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH
ADOPTING THE
CONSERVATION OF NATURAL RESOURCES ELEMENT
OF THE NEWPORT BEACH GENERAL PLAN
WHEREAS, a phase of the City's General Plan Program has involved the preparation
of a Conservation of Natural Resources Element; and
WHEREAS, this Element sets forth objectives and supporting pOlicies which will serve
as a guide for the future planning and development of the City; and
WHEREAS, the Planning Commission of the City of Newport Beach, pursuant to
Section 707 of the Newport Beach City Charter, has held a public hearing to consider the adoption
of the Conservation of Natural Resources Element as a part of the City's General Plan and has
adopted and has recommended that the City Council adopt said element; and
WHEREAS, the City Council has conducted a public hearing to consider the adoption
of the Conservation of Natural Resources Element as a part of the City's General Plan.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach
does hereby adopt the Conservation of Natural Resources Element described above, a copy of
which is on file in the office of the City Clerk.
ADOPTED this 14th day of January, 1974.
Mayor Donald A. Mcinnis
City Clerk Laura Lagios
RESOLUTION NO. 870
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH
ADOPTING THE
CONSERVATION OF NATURAL RESOURCES ELEMENT
OF THE NEWPORT BEACH GENERAL PLAN
WHEREAS, a phase of the City's General Plan Program has involved the preparation
of the Conservation of Natural Resources Element; and
WHEREAS, said Conservation of Natural Resources Element sets forth objectives
and supporting policies which will serve as a guide for the future planning and development of the
City; and
WHEREAS, pursuant to Section 707 of the City Charter of the City of Newport Beach,
the Planning Commission has held public hearings to consider the adoption of the Conservation of
Natural Resources Element of the Newport Beach General Plan.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
adopt and recommend to the City Council the Conservation of Natural Resources Element of the
Newport Beach General Plan described above, a copy of which is on file in the Newport Beach
Community Development Department.
Regularly passed and adopted by the Planning Commission of the City of Newport Beach
held on the 29th day of November, 1973.
AYES:' Agee, Beckley, Hazewirikel, Heather,
Parker, Rosener, Seely
NOES: None
ABSENT: None
Secretary, Joseph Rosener, Jr.
Chairman, William Agee
TABLE OF CONTENTS
INTRODUCTION ........................................................................................................ 1
PURPOSE AND SCOPE ................................................................................ 2
SECTION 1 -BAY AND OCEAN WATER QUALITY
Introduction .................................................................................................................. 3
Pollutants, Sources, and Effects ................................................................................. .4
Agencies Involved in Water Quality Control ................................................................. 5
Current Water Quality Programs and Regulations ....................................................... 7
Bay and Ocean Water Quality Proposals ..................................................................... 8
SECTION 2 -AIR QUALITY
Introduction .................................................................................................................. 11
Current Sources and Levels of Air Pollution in Orange County ................................... 11
Air Pollution Levels in Newport Beach ......................................................................... 13
Current Air Pollution Programs and Regulations ......................................................... 16
Air Quality Proposals ................................................................................................... 17
SECTION 3 -BEACH EROSION
Introduction .................................................................................................................. 19
Backg rou nd .................................................................................................................. 19
Proposals ..................................................................................................................... 20
SECTION 4 -MINERAL RESOURCES
Introduction ................................................................................................................. .21
Current Regulations ..................................................................................................... 21
Proposals .................................................................................................................... .21
SECTION 5-·ARCHAEOLOGICAL AND PALEONTOLOGICAL RESOURCES
Introduction .................................................................................................................. 22
. Known Archaeological and Paleontological Sites ........................................................ 22
Proposals ..................................................................................................................... 23
SECTION 6 -ENERGY CONSERVATION
Introduction ................................................................................................................... 24
Proposals ..................................................................................................................... ·24
INTRODUCTION
The natural resources of Newport Beach include such scope and variety that they alone
account for much of the uniqueness and desirability of the community.
Ocean breezes nudge the shore. Waves touch the beaches in ever-changing strengths and
patterns. Thousands of birds, compelled only by the seasons, soar above the striated bluffs
and touch to feed in the bay and make it home.
Mastodon, saber-tooth tiger, camel and bison once roamed the hills. Man, before the time of
Christ, lived on the bluffs of this land. The story of time-forgotten man and beast is laid down
within the earth.
Man remains today. He lives in Newport Beach, dependent upon the accoutrements of
modern civilization, yet showered with a myriad of nature's gifts. Without the ocean breezes
which blow away oppressive collections of smog and which cool the deepest summer heat;
without the water which supports an astounding and mystifying circle of life and which
provides man with many varied and delightful activities; without the grasslands and scrub
which feed and hide wildlife communities and reach their roots into the soil; and, without the
treasure trove of archaeological and paleontological sites which challenge the seeker to
probe the puzzles of eons past; the City of Newport Beach would not be counted as
"unique" in the Southern California Community. The citizens of Newport Beach are truly
blessed by the physical environment, and that blessing itself weighs as a terrible
responsibility. This City carries the obligation to protect the fragile treasures of life bestowed
upon it.
1
PURPOSE AND SCOPE
The Conservation of Natural Resources Element includes:
1. A discussion of the existing natural resources in the City of Newport Beach and their
current conditions;
2. The agencies involved in, and current programs for, the conservation of these
resources, and
3. The actions which will be taken by the City of Newport Beach, or which the City will
encourage other agencies to take, which will assure conservation of these natural
resources.
It is intended that this Element satisfy the State requirement that local General Plans
contain a "Conservation Element". Section 65302 of the Government Code states, in part,
that the General Plan shall include: "A conservation element for the conservation,
development, and utilization of natural resources, including water and its hydraulic force,
forests,soils, rivers and other waters, harbors, fisheries, wildlife, minerals, and other natural
resources. "
The major natural resources in the City of Newport Beach include the bay and ocean
waters, the beaches, and the air. Oil deposits constitute the only significant natural mineral
resource. There are known sites containing archaeological and paleontological resources of
great significance in the City.
There are several natural land and wildlife areas in the City which should be considered
natural resources. These natural land and wildlife areas are proposed in the Recreation
and Open Space Element to be retained as flora and fauna reserves.
The Conservation of Natural Resources Element is divided into six sections:
1. Bay and Ocean Quality
2. Air Quality
3. Beach Erosion Control
4. Mineral Resources
5. Archaeological and Paleontological Resources
6. Energy Conservation
2
SECTION 1-BAY AND OCEAN WATER QUALITY
Introduction
This section of the Conservation of Natural Resources Element deals with the control of bay
and ocean water quality.
The bay and ocean waters are the most significant natural resources within Newport Beach,
having major geological, recreational, and economic importance to the City and the region.
Control of pollution of these waters is imperative to the future quality of the Newport Beach
living environment. Furthermore, control of pollution of these waters is necessary to the
health and welfare of the many migratory birds who utilize our bay and beach areas and to
the marine life which is nurtured here. The importance of Newport Bay in the Pacific Flyway
as the major resting ground between Morro Bay and Mexico extends concern far beyond
the City or even the region.
A City Council policy statement on Bay Water Quality Control, adopted December 21, 1970,
and reaffirmed February 14, 1972, states:
"The City Council is unalterably opposed to the discharge of any raw sewage,
sewage effluent, litter, debris or other wastes into Newport Bay that in any possible
way could cause pollution and contamination of the waters of Newport Bay.
The Council further urges the County of Orange and any other public and private agencies
to take all practical steps to reduce or eliminate sediment flows into Upper Newport Bay
during rainy seasons."
Definition of Water Pollution
It is difficult to precisely define the term "water pollution". Even without the influence of man,
waters in their natural state will vary in their relative purity from area to area and place to
place as a result of natural phenomena. The State Porter-Cologne Water Quality Control
Act defines water pollution as follows:
"Pollution' means an alteration of the quality of the waters of the State by waste to a
degree which unreasonably affects: 1) such waters for beneficial uses, or 2) facilities
which serve such beneficial uses."
The term, "beneficial use", is a legal term referring to those uses of the waters established
by the Regional Water Quality Control Boards. The Santa Ana Regional Water Quality
Control Board's "Water Quality Control Policy for Coastal Bays, Marinas and Sloughs"
established the following "beneficial uses" for Newport Bay: 1) water contact sports; 2)
fishing, 3) propagation and sustenance of aquatic life, 4) boating, 5) aesthetic enjoyment,
and 6) shellfish harvesting.
Pollution, as defined by the Regional Water Quality Control Board, occurs when any change
in the water adversely affects any of these uses in an unreasonable manner.
3
It is apparent that, from time to time, bay and ocean water conditions have changed in a
manner to adversely affect one or more of these "beneficial uses", either due to natural or
man-made causes. Whether or not these adverse effects were "unreasonable" is a
question subject to legal interpretation. However, swimming at public beaches has had to be
prohibited due to polluted water (generally as the result of a sewerage spill), and at times
floating debris obviously has interfered with aesthetic enjoyment. Not so apparent are the
adverse effects of changes in the bay and ocean waters on fishing, propagation and
sustenance of aquatic life, and shellfish harvesting. While there is considerable
disagreement among scientific authorities about the source and effects of pollution and the
relative quality of the bay and ocean waters today, there is general agreement that, in terms
of the above "beneficial uses", water quality in some areas of Newport Bay has degraded in
recent years.
Pollutants, Sources, and Effects
The following chart illustrates the apparent pollutants which have, from time to time, entered
the bay (and ocean) waters, their sources, and their apparent effects:
POLLUTANT BASIC SOURCE CONTRIBUTORS ADVERSE EFFECTS
Coliforms Sewage, human Surface runoff, boaters, Human health -indicates
(bacteriological) and animal swimmers, animals, and possible presence of
wastes, soil and birds pathogens
vegetation
Nutrients Fertilizer, Surface runoff from Health of water-
garbage, sewage homes, farms, and boaters excessive nutrient leads
to excessive algal growth
in tum leading to other
problems
Pesticides Garden and farm Surface runoff from homes Health of water, marine
sprays and farms life and wildlife
Detergents Car washing, Surface runoff from Health of water,
sewerage homes, sewerage aesthetics, excessive
algal growth
Oils and Fuels Boats, cars Surface runoff from Aesthetics and damage
streets, direct from boat to marine life
spills, running of boat
engines
DebrislTrash People Surface runoff from Aesthetics
uplands. People using
waters and beaches,
adjacent homes and
businesses
Sediment Soils Surface runoff from natural Health of water, marine
erosion and poor life
construction practices
Trace Metals Paints, motor Street runoff, boat hull Health of water, marine
vehicle fuels and scraping life, and wildlife
emissions
4
Obviously, some of the pollutants contribute more than others to the deterioration of bay
and ocean water quality, Currently there is no definitive and comprehensive information on
the total structure of the pollution problem in both qualitative and quantitative terms, Until
such a study is conducted, it is very difficult to approach the complex problem of water
pollution control in a comprehensive manner.
A recent study of the bay and ocean areas was conducted by Dr. Peter S, Dixon, under
contract with the City of Newport Beach, as a portion of the report, "Ecological Survey of
Aquatic and Terrestrial Resources," Dr. Peter S, Dixon and Gordon A. Marsh, July, 1973,
This study identifies the locations and apparent sources of water pollution as observed in
the field survey, and discusses the probable ramifications of this pollution, Several areas of
concern were noted, including: 1) The quantity of suspended solids (silt) entering the bay
from the San Diego Creek, the Santa Ana-Delhi Ditch, and local runoff; 2) the quantity of
nutrients entering the bay from the same sources as above, from boats, and from birds and
animals; 3) the quantity of petroleum products from street runoff and boats; 4) herbicides
and pesticides from farms and homes; 5) heavy metals from both bottom paint and boat
maintenance operations; 6) floating trash conveyed in flood control channels and storm
drains, vegetative material from the Upper Bay, local runoff, and users of the bay and ocean
waters and beaches; 7) low dissolved-oxygen concentrations in areas of the bay with poor
flushing characteristics, as a result of excess nutrients and bacterial breakdown of plant or
animal debris, and films of petroleum products on the surface of the water; and 8)
bacteriological concentrations which may be hazardous to human health, (Refer to this
report for a detailed discussion of these items,)
As can be seen from the above discussion, water pollution can result from both natural
phenomena and the actions of man; however, it is apparent that man is the major source of
water pollutants entering the waters of Newport Bay and the ocean, These "actions of man"
sources can be divided into two categories: 1) private sector actions (by individuals and
corporations), and 2) public sector actions (by governmental agencies approving private
developments which result in, for example, increased siltation being washed from the
watershed into the Bay,
Agencies Involved in Water Quality Control
There are several governmental agencies involved in the control of bay and ocean water
quality, including the City of Newport Beach, The City has a role to play in both categories
of water quality control; i.e" in terms of private sector actions, the City has the responsibility
to regulate individual or corporate actions within the City which may adversely affect water
quality; in terms of the public sector, the City has the responsibility for assuring that its
public actions, such as public works projects, are sensitive to the quality of the bay and
ocean waters,
In addition to these direct roles, the City of Newport Beach may play an indirect role in
influencing the public works projects and regulatory actions of other governmental agencies
involved in water quality control within Newport Beach and the entire watershed area which
drains into Newport Bay and the Pacific Ocean,
5
Several agencies, in addition to the City of Newport Beach, are involved in the control of
water quality within the Newport Beach city limits. These agencies represent county, state,
and federal levels of government.
The following chart illustrates the primary agencies involved in water quality control and their
functions:
AGENCY
City of Newport Beach
Orange County Harbors,
Beaches, and Parks District
Orange County Health
Department
Orange County Flood
Control District
California Regional
Water Quality Control
Board, Santa Ana
Region
U.S. Army Corps of
Engineers
FUNCTIONS RELATED TO WATER POLLUTION CONTROL
Development and enforcement of water pollution control
regulations which apply to uses adjacent to the shoreline;
development plan and environmental impact report review;
litter removal from adjacent land areas; installation and
maintenance of storm drains; ordinances prohibiting littering,
dumping, or draining of materials which may find their way
into the bay; and their enforcement and dredging (to a limited
extent). ~
Development and enforcement of boat discharge and
littering regulations, dredging of major channels (in
conjunction with the Corps of Engineers), and litter and
debris removal from harbor waters and county tidelands.
Water quality monitoring of the Bay, special studies of
tributaries, trace metal studies of the sediments,
shellfish monitoring, review and evaluation of
development plans, recommendations for water quality
standards and objectives, enforcement of ocean water
contact sports standards.
Control of flood waters and resulting siltation and
debris entering the bay and ocean, monitors stream
flows, enforcement of the County's industrial waste
disposal ordinance (coveripg unincorporated areas of
the watershed). .
Administration of water quality control regulations
(particularly waste discharges), development of
regional water quality control plans, review of private
development plans.
Permit authority over dredging and other construction
in navigable waters of the United States (extending to
the line on shore reached by the mean of the higher
high waters); projects authorized by the Congress.
6
AGENCY
Santa Ana
Regional
Watershed
Planning Agency
FUNCTIONS RELATED TO WATER POLLUTION
CONTROL
Joint powers agency (among four water districts in the
watershed) for watershed planning. Doing study of
watershed, including Upper Bay, under contract with
Environmental Protection Agency and State Water
Resources Control Board. To result in
recommendations for water conservation and
pollution control.
In addition to these primary agencies, it must be recognized that all of the general purpose
governmental agencies (the cities and Orange County) and many of the special district
agencies within the watershed have an indirect effect on the bay and ocean water quality.
Current Water Quality Programs and Regulations
Following are the major water quality control programs involving the City of Newport Beach
directly:
1. ENVIRONMENTAL QUALITY MONITORING PLAN FOR NEWPORT BAY
A plan for monitoring the water quality of the bay has been developed by a joint
project team of the County Health Department; Flood Control District; Harbors,
Beaches, and Parks Districts; and the City of Newport Beach. Approval of this plan
by the Orange County Board of Supervisors and initiation of the monitoring program
is anticipated in the near future. While there have been numerous studies of Newport
Bay by various governmental and private agencies, this project will provide the first
on-going, comprehensive monitoring study and will provide data which was
heretofore unavailable, including: 1) quality of flows from tributaries on a monthly
basis; 2) quality of bay waters on a quarterly basis; 3) benthic conditions (biota,
chemistry, sediments); 4) hydraulics of the bay (currents, tidal range, and diffusion);
and 5) waste discharges from boast yards.
2. WASTE DISCHARGE, HOLDING TANK, AND LITTERING ORDINANCES
Both the City and County have adopted ordinances which: 1) prohibit discharge of
wastes into the water; 2) require holding tanks for all toilets on boats; 3) require
pump-out facilities at marinas; 4) prohibit littering the waters or shoreline; and 5)
require owners of marinas and piers to keep the area reasonably clear of debris.
3. CONTROL OF EROSION AND SILTATION
The Uniform Building Code as by the City of Newport Beach includes provisions
covering erosion control and the denuding of natural ground covers (which could
result in sediments being washed into the bay).
7
Bay and Ocean Water Quality Proposals
A proposal for the restoration of Upper Newport Bay was recently developed by the "Friends
of Newport Bay" citizens' group. This proposal involves the removal of excess silt which
would enlarge the Upper Bay water area and increase the volume of water exchanged by
tidal action, resulting in a major benefit to water quality and wildlife productivity. The
removed silt would be used as fill material for the Corona del Mar Freeway, resulting in a
major cost savings. The proposal has been enthusiastically endorsed by the Citizens'
Environmental Quality Control Advisory Committee. As stated in the report prepared by this
Committee:
"At present Upper Newport Bay is heavily silted. It is by a gradual, but accelerating
process, filling up. Restoration is ultimately required to preserve the bay, but this can
be very costly. The proposal ... can be achieved at a minimum cost and it is, in
concept, versatile and non-destructive. An arrangement of mutual benefit is
proposed: Fill is needed for the construction of the freeway interchange at Palisades
and MacArthur, which is now in the initial planning stages. The Highway Department
carefully removes excessive silts and uses them for fill. We accomplish in turn an
economical means to restore bay quality. In order not to create unworkable changes,
the plan is in essence a return of the bay to the contours and channels which were
present many years ago. The changes are proposed to occur over many years in
line with anticipated needs of the Highway Department. This type of program is ideal
from the environmental and community point of view since it allows us to proceed
little by little, learning as we go. No changes are proposed which are irreversible."
On September 10, 1973, the City Council adopted Resolution No. 8098 which states:
"WHEREAS, the Upper Bay presently is heavily silted and its future viability in
jeopardy because of present and projected silt levels; and
"WHEREAS, the State Department of Transportation requires fill which can be
obtained from bay silt as part of a revitalizing program for the Upper Bay at potentially
minimal cost to the County or City; and
"WHEREAS, a program ·designed to restructure the original contours and channels
can be conceptualized which will protect and in fact improve the present life support system
and water quality;
"NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport
Beach support the concept of the restoration of Upper Newport Bay to its former viability
that existed prior to the salt works, and will endeavor to cooperate with the County in
removal of silts from certain areas of the Upper Bay in conjunction with the construction of
the Corona del Mar Freeway by the State Department of Transportation."
8
In view of the disagreement among authorities on pollution sources, levels, and solutions,
and in view of the technical studies currently underway, it would be presumptuous and
premature to propose more specific technical solutions or additional physical improvements
within the context of this General Plan. However, there are several general governmental
actions, which will be undertaken in order to maintain and improve bay and ocean water
quality:
1. In view of the regional nature of the .bay water quality problem, the City will actively
support the development of a coordinated, watershed-wide program (including legal
regulations) for control of waste and sediment discharge and to intercept, to the
extent possible, wastes and sediments upstream from the Upper Bay.
2. The City will encourage a scientific study (perhaps by U.C.1. as an educational study)
which would identify the relative importance, on both a qualitative and quantitative
basis, of each type of pollutant so that concerted effort can be made to control the
most detrimental pollutants and their sources.
3. An in-depth study of all local drainage into the bay and ocean will be conducted
identifying sources and contents with the participation of the Citizens' Environmental
Quality Control Advisory Committee, and all current waste and sediment discharge
regulations and enforcement programs will be closely examined. This study will be
coordinated with the Health Department's water quality monitoring program. Where
necessary, the stringency of the regulations and enforcement program will be
increased.
4. A new grading ordinance, including more stringent erosion control and sediment
discharge provisions reflecting current administrative practices, will be developed and
adopted in the near future.
5. To prevent any further deterioration, such as pointed out in the "Ecological Survey"
report, Environmental Impact Reports will be required for any project which may have
an adverse effect on water quality, and appropriate mitigation measures will be
required.
6. As more technical data is gathered by the water quality monitoring program being
. conducted by the Health Department, physical proposals will be developed for
improvement of bay water quality (possibly including such projects as: improving bay
hydraulics, treatment of inflows, and diversion of inflows).
7. The City will support the development of a model (physical, mathematical, or possibly
both) of the Bay and coastline which will provide additional insights as to the nature
and extent of the water quality problem and will enable prediction of the effects of any
single change on the entire system.
8. All street drainage systems and other physical improvements created by the City will
be designed, constructed, and maintained in such a manner as to minimize adverse
impacts on water quality. The possibility of diverting or treating street drainage will
be investigated.
9
9. The City will support improvements in sewage treatment and the concept of reuse
and recycling of sewage waters.
10. The City will continue to oppose oil drilling in the off-shore area, as discussed in
Section 4 of this Element.
11. The City will encourage environmental awareness in the community through the
school district, library department and contact with various civic and homeowners'
associations.
12. The City will encourage continued participation of the Chamber of Commerce in
cooperative programs among marine businesses for upgrading water quality, and
assistance in terms of surveys, studies, and proposals related to water quality
control.
13. The City will support regulations limiting or banning the use of insecticides, fertilizers,
and other chemicals which are shown to be detrimental to water quality.
14. It shall be the policy of Newport Beach to take the lead in promoting the above-
mentioned proposals to correct past deficiencies as well as to control future
developments. Newport Beach will strengthen its own ordinances where necessary
and will seek strict enforcement of such ordinances by provision of adequate staff
and other necessary tools. Furthermore, all efforts will be made to initiate the action
required by other governmental agencies.
15. The City will pursue the adoption of a joint powers agreement with Orange County
which will delineate and clarify City and County responsibilities for the administration,
management, and maintenance of the bay.
10
SECTION 2 -AIR QUALITY
Introduction
This Section of the Conservation of Natural Resources Element deals with the maintenance
of air quality.
Air pollution is obviously a regional problem which has no respect for political divisions.
While there are certain actions which can be taken locally, positive control of air pollution
requires a coordinated program including Federal agencies, the State Government, and all
general purpose governments and many of the special purpose districts in the air basin.
Current Sources and Levels of Air Pollution in Orange County
The following chart indicates the 1972 emissions and percentage contributions from all air
pollution sources for all of Orange County. This chart clearly illustrates that motor vehicles
are the major source of air pollution in Orange County.
11
EMISSIONS
PERCENTAGE CONTRIBUTIONS FROM ALL SOURCES
1972
TOTAL TONNAGE OF ALL CONTAMINANTS
4731 TONS PER DAY
Motor Vehicles
98%
CARBON MONOXIDE
3914 TONS PER DAY
Motor Vehicles
99%
HYDROCARBONS
~77 TONS PER DAY
OXIDES OF NITROGEN
295 TONS PER DAY
PARTICULATES
18 TONS PER DAY
Motor Vehicles
60% Motor
Vehicles
28%
SOURCE: Orange County Air Pollution Control
District
Stationar.
Sources 8
OXIDES OF SULFUR
30 TONS PER DAY
Aircraft
1 %
Air Pollution Levels in Newport Beach
GENERAL AIR QUALITY
Due to the City's fortuitous location, Newport Beach suffers much less than the" inland cities
from air pollution. While no data are available on local Newport Beach levels of pollutants,
the following chart does include readings taking in the City of Costa Mesa compared to
other cities and the county as a who.le (Newport Beach air pollutant readings should be as
low as, or lower than, Costa Mesa readings):
13
AIR QUALITY 1972 (DAYS CALIFORNIA STANDARD EXCEEDED. 1972)
CALIFORNIA
POLLUTANT AIR QUALITY ANAHEIM COSTA LA LOS
STANDARD MESA HABRA ALAMITOS
Oxidant including 0.10 ppm for 1 61 29 115 25 ozone hour
Nitrogen Dioxide 0.25ppm for 1 6 4 7 5 (NO') hour
10ppm Carbon Monoxide
(CO) average for 17 12 49 14
12 hours
40ppm
average for 0 0 0 0
1 hour
0.04 ppm
Sulfur Dioxide (SO') average for 0 0 2 6
24 hours
0.50ppm for 1 0 0 0 0 hour
1.5 ug/m3
Lead (PB) 30 day 12 months 5 12 9 months months months average
60 ug/m3
Suspended Particles annual 105 67 120 85
geometric ug/m3 ug/m 3 ug/m3 ug/m 3
mean (AGM)
• This IS number of days standard exceeded at one or more statIOns In Orange County.
.. Highest reading averaged over period prescribed by air quality standard.
SOURCE: Orange County Air Pollution Control District
REASONS
COUNTY FOR AIR
WIDE'" QUALITY
STANDARD
Prevention
of eye
irritation and
possible
impairment
126 of lung
function in
persons with
chronic
pulmonary
disease
Possible
health
effects
should occur
14 at slightly
higher
dosage.
Produces
atmospheric
discoloration
Prevention
of
interference 62 with oxygen
transport by
blood
0
Prevention
of Increase
in chronic
8 respiratory
disease o'n
long-term
exposure
0
Higher levels
have shown
12 progressive
months increase in
storage of
lead in body
Long
continued
exposure
maybe
associated
with chronic
respiratory
Average disease.
AGM Exposure to
a 94 ug/m 3
combination
of
suspended
particles and
sulfur
dioxide may
produce
acute illness .
MAX.
READING"'*
OAOppm
OA3ppm
23ppm
34ppm
0.065ppm
, .
6.0
ug/m'
120
ug/m'
352
ug/m'
AIRCRAFT POLLUTANT EMISSION
Aircraft operations at Orange County Airport contribute air pollutants locally. The "Orange
County Airport Impact by the consulting firm of Wilsey and Ham in 1972, under contract with
the City, estimates that aircraft operations at Orange County Airport contribute over 15 tons
of air pollutants per day. The consultant's report states:
Recognizing that this total amount of pollutants is a very small portion of the total air
pollution from all sources, it still represents a serious impact to the citizens of
Newport Beach. The fall-out pattern of these pollutants includes much of the City.
Most of the particulate matter is emitted during takeoffs directly over the City in a
relatively narrow path less than one-quarter mile wide. Land uses and features in this
"fall-out area" consist chiefly of residences, schools, and Upper Newport Bay. The
accumulative impact of particulate fall-out on residential neighborhoods is at best a
dirty nuisance and at worst a potentially serious health hazard. "However, there is
another important air pollution receiver -the Bay. Upper Newport Bay is one of the
last remaining natural estuaries in Southern California ... "Major increases in the
number of jet aircraft over the Upper Newport Bay could impair the viability of the
natural ecological balance for various forms of wildlife and marine life. "The effects of
this accumulated pollution are difficult to evaluate scientifically. Certain observations
have been made as a result of recent studies:
The particulates associated with jet engine exhaust...tend to fall out more
rapidly and therefore contribute more to local soiling problems than to area-
wide visibility reduction.
'Sulfur oxides are the product of the combustion of fuel in jet engines as well
as automobiles. Characteristically, the gas tends to stay close to where it is
emitted on days of low ventilation, so accumulations in the vicinity of airports
are to be expected.
'Finally, nitrogen oxides are formed by the oxidation of air, which is about
80% nitrogen, being introduced to promote combustion, when the
combustion is at relatively high temperatures. High temperature combustion
is a technique used to reduce levels of unburned hydrocarbons and
particulates. This practice has the unfortunate side effect of increasing the
amount of nitrogen oxides generated. The gas is a factor in the production of
photo-chemical smog, reduces visibility when it is converted to nitrogen
dioxide because of its brownish color, and at high concentrations produces
adverse physiological reactions.'
"Air pollution toxicity is extremely important, however, due to possible long-range effects. A
case in point is the ten-fold increase in emphysema in California in the past 15 years. Many
medical scientists suspect that increasing air pollution of the last 20 to 30 years in California
has been a major factor in this increase.
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"Recent technological innovations, such as the 'burner can' installations, show major
reductions in emission of noxious visible pollutants. As much as 95% reduction is claimed
for some installations. However, such mechanisms have an unknown effect upon harmful
non-visible pollutants such as carbon monoxide. Real relief is still only a future possibility at
this point.
"Under these circumstances, we conclude that for the foreseeable future, the City must
recognize a probable continuance of air pollution levels ... near current output levels. The
acceptability of such pollution caused by aircraft is an important factor in developing
operational constraints for Orange County Airport."
NOXIOUS ODORS
An odor problem resulting from noxious gas seeps exists in the Balboa Coves area of West
Newport. According to the "Balboa Coves Noxious Gas Project -Phase 3 Report" prepared
by George P. Zebal and Associates, under contract with the City, the noxious gas seeps are
of petroleum origin, resulting from chemical action in the oil-bearing marine sediments.
A gas scavenging and burn-off system was recently installed by the City in the Balboa
Coves area, as proposed in the "Phase 3 Report."
An additional odor problem occasionally develops in the Newport Shores area of West
Newport. According to the Orange County Air Pollution Control District, the major source of
this odor problem appears to be associated with the oil production installations in the
unincorporated area north and east of Newport Shores.
CURRENT AIR POLLUTION PROGRAMS AND REGULATIONS
STATIONARY SOURCES
The Orange County Air Pollution Control District enforces State and County regulations
applying to stationary sources of air pollutants. Fundamental to the District's control
program is the engineering permit system. Anyone wishing to build or install equipment
which may cause air pollution, or which is intended to control it, must first submit plans and
specifications to the District for approval. If the Engineering Division is satisfied after a
thorough evaluation of the plans that the proposed equipment will comply with the District's
requirements, an Authority to Construct is issued. After construction is' completed, the
installation is observed in operation and tested to determine compliance with the District's
standards. Only when full compliance has been tested is a final Permit to Operate granted
with specific conditions to insure its continued proper operation. A constant surveillance
is made of all permit holders and installations are visited periodically for inspections. The
District secures compliance by detecting, investigating, and prosecuting violators of air
pollution control laws. Three permanent air monitoring stations and one mobile station are
maintained by the District.
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MOBILE SOURCES
The control of motor vehicle emissions is the responsibility of the State and Federal
Governments, and the reduction of emissions from this source will depend upon the
effectiveness of the programs of the California Air Resources Board and the Federal
Environmental Protection Agency.
Air Quality Proposals
Recognizing that air pollution is a regional problem but that the solution to this problem will
require the support and cooperation of all of the local governments, the Newport Beach City
Council adopted Resolution No. 7770 on July 24, 1972, which states:
"WHEREAS, the likelihood of serious mortality from air pollution in California in the
near future has become increasingly clear through newspaper reports and scientific studies;
and
"WHEREAS, although the degree of air pollution varies in intensity from district to
district, there can be no doubt that even those cities relatively free from air pollution at this
time will most surely be seriously affected as the pollution spreads; and
"WHEREAS, the pattern of steady increase in air pollution from the 1940's to the
present and the varying, sometimes ineffective, controls thus far implemented, point up the
urgent need for immediate, strict and uniform air pollution control throughout the state, with
the basic enforcement being the task of local and regional agencies; and
WHEREAS, the City of Newport Beach recognizes that the regional approach is the
only way to meet the problem of imposing statewide air quality standards, and that cities
should play their full role in developing effective machinery in order that state and/or federal
governments will not be forced to intervene;
"NOW, . THEREFORE, BE IT RESOLVED that the City of Newport Beach hereby
declares its intention to play its full role in policy formulation and planning with respect to
strict control of air pollution, through close cooperation with the Orange County Board of
Supervisors, and through participation in and maintenance of an efficient and effective
County air pollution control district."
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In addition the City will:
1. Pay particular attention to possible stationary sources of air pollution in the review of
all Environmental Impact Reports.
2. Continue attempts to assure limitation of Orange County Airport operations.
3. Encourage development and use of emission reduction equipment for aircraft and
automobile engines.
4. Pursue the development of altemative means of transportation which would reduce
use of the automobile within the City.
5. Continue to oppose freeways which would bisect the community and which would
bring increased through traffic with its attendant increase emissions.
6. Continue to monitor the noxious gas odor problem in West Newport and periodically
check on the effectiveness of the gas scavenging and burn-off system; additional
corrective measures, if necessary, will be undertaken within economic and physical
constraints.
7. Attempt to assure elimination of the oil production-associated odors in the Newport
Shores area through cooperation with the Orange County Air Pollution Control
District.
8. Re-evaluate City policies to include the purchase of lower weight or horsepower or
lower ernission vehicles whenever feasible.
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SECTION 3 . BEACH EROSION
Introduction
Broad, sandy beaches form a major part of the Newport Beach image and are among the
City's most valuable natural resources. The conservation of these beaches requires more
than merely keeping them free of development; a major section of the ocean beach in West
Newport (westerly of the Newport Pier) periodically experiences considerable erosion,
which, if allowed to continue unchecked, would result in a total loss of this section of sandy
beach and destruction of many beach·front homes.
Background
In 1934, a major storm hit Newport Beach. The storm raised one home off its foundation
and felled a total of four homes.; one of them dashed on the beach a half mile away.
Twenty feet of beach were carved away in one day, with the waves undermining railroad
tracks all along the peninsula. In 1939, 15-foot to 25-foot waves destroyed Balboa and
Newport Piers, depositing their remains on Seal Beach. Since that time Newport Beach
experienced more ocean storms and was plagued with the serious and costly problem of
beach erosion.
Detritus, which is carried by streams in flood flow, constitutes the main source of supply of
sands to the ocean beach. Newport Beach's principal source of sand supply is the Santa
Ana River (in fact, West Newport and the Balboa Peninsula are a "sand spit" created by the
Santa Ana River before its mouth was relocated. The natural supply of sand to the ocean
beach has practically been eliminated as the result of extensive impervious areas resulting
from urbanization; the construction of flood control dams, channels and storm drains; the
construction of water storage reservoirs; and programs of soil conservation.
By 1958 it appeared as though natural processes of erosion had been halted. New erosion
problems arose in 1965, although this time it was due to the unfortunate addition of tropical
storm currents to the combination of normal littoral drift, California currents, and inshore
currents. The heavy surf and the combination of these four currents scoured the sand from
the beach and moved it up coast. The U.S. Arrny Corps of Engineers began a multiple-
stage project for restoration and protection of the shoreline in 1967.
In February 1968, the placement of 494,000 cubic yards of sand on the beach between
32nd and 50th Streets at Newport Beach and the construction of an experimental 258-foot
steel sheet-pile groin at 40th Street were completed. In November 1968, 240,000 cubic
yards of sand were added in the up coast area, and the construction of a 190-foot steel
sheet-pile groin at 44th Street and a 60-foot steel sheet-pile groin at 48th Street were
completed.
The construction of four rubblemound groins and the placement of 750,000 cubic yards of
sand on the Newport Beach area began in 1969. The groin work, completed in November
1969, comprised rebuilding the steel sheet-pile groin at 48th Street with rubblemound
construction to a length of 340 feet, and constructing groins at 36th, 52nd and 56th Streets
with lengths of 490, 340, and 570 feet, respectively. Sand fill was obtained from the Santa
Ana River Channel as part of a flood control channel restoration project.
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In 1972, as the most recent stage of the project, stone groins were constructed at 28th and
30th Streets to lengths of 600 and 540 feet, respectively. The steel sheet-pile groins at 40th
and 44th Streets were rehabilitated with rubblemound construction and. were extended to
lengths of 480 and 4/0 feet, respectively. A total of 321,000 cubic yards of sand was
imported from borrow sites located on the Balboa Peninsula and near the mouth of the
Santa Ana River. In addition, 37,000 cubic yards of silty material from the earlier river
channel restoration project were removed from the beach surface and replaced with clean
beach sand.
The Corps of Engineers has plans to construct a rubblemound groin at 62nd Street and to
extend the down coast jetty of the Santa Ana River in the event a need for these structures
is demonstrated by a continued surveillance of beach conditions. Groin construction would
be supplemented with imported sand fill as required.
Proposals
The Corps of Engineers groin construction project in West Newport is part of a larger
shoreline protection program for about 15 miles of beach frontage extending from the U.S.
Naval Weapons Station north of Surfside-Sunset Beach to the Newport Harbor entrance.
Because of the complexity of the shore processes in this area, it is impossible to predict the
long-range consequences of the Corps' shoreline protection project without the use of
"modeling" techniques.
The City of Newport Beach will continue to monitor the effects of the groin construction
project, with the cooperation of the Corps of Engineers and County and State agencies. If it
becomes apparent that major adverse effects are resulting from the groins, the City will
endeavor to have modifications accomplished as may be necessary to mitigate the adverse
effects.
The City of Newport Beach will also support the development of a model of the Orange
County shoreline so that all altemative shoreline protection strategies can be adequately
tested for their long-range effects, and so that the optimum shoreline protection system can
be identified and developed.
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SECTION 4 MINERAL RESOURCES
Introduction
Oil deposits constitute the only significant extractable mineral resource in the Newport
Beach planning area. Currently, oil companies are operating oil extraction wells in the West
Newport are, for the most part in the unincorporated "County Island" north of the Newport
Shores neighborhood.
Current Regulations
Both the City and the State have regulations affecting oil extraction in the Newport Beach
planning area.
The original Charter for the City of Newport Beach, adopted in 1955, specifically prohibited
additional drilling for oil within the City limits, except for "slant drilling" in a limited area of
West Newport which was initiated under a lease with the City negotiated in 1943.
Section 20.52.010 of the Newport Beach Municipal Code also prohibits the extraction of oil
in all areas of the City except the section in West Newport where slant drilling (with drilling
and pumping sites outside the city limits) is permitted under the 1943 lease. Section
20.52.020 of the Municipal Code requires a vote of the citizens prior to any expansion of the
area where slant drilling is permitted.
In order to protect the coastline from adverse aesthetic effects, and the potential adverse
ecological effects of an oil leak, the State Shell-Cunningham Act of 1955 (Section 6871.2 of
the Public Resources Code) was enacted. This Act prohibits oil extraction on all State tide
and submerged lands from the northerly city limits of Newport Beach to the Mexican border.
There is one exception in this Act which would allow oil exploration and drilling in the event
that oil deposits under State tide and submerged lands are being drained by oil wells on
adjacent lands, such the city (3 mile) limit.
Although federal legislation which would prohibit oil extraction in federal waters has been
proposed, none of these bills were passed by Congress. The City of Newport Beach has
actively supported such federal legislation.
Proposals
The City of Newport Beach will: 1) Continue to prohibit additional oil extraction activities
within the City limits; 2) continue to support the Shell-Cunningham Act; and 3) oppose oil
extraction in the federal waters.
This position may be modified at some future date should the need for oil become extremely
critical, but only if it can be proven that oil extraction can be accomplished with no adverse
aesthetic effects and no potential ecological consequences from such occurrences as oil
leaks, noxious odors, and ground subsidence.
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SECTION 5 -ARCHAEOLOGICAL AND PALEONTOLOGICAL RESOURCES
Introduction
This section of the Conservation of Natural Element deals with the scientific resources
which have been, and which may be, discovered in the undeveloped portions of the City.
Known Archaeological and Paleontological Sites
Even though the area has not been extensively studied, well over thirty (30) archaeological
sites have been discovered and recorded in Newport Beach; most of these are adjacent to
and around the Upper Bay. These sites are on record with the Archaeological Survey Office
at UCLA.
The majority of the known archaeological sites have already been destroyed by
development; roads, housing, and other building activities. There are, however, several
important sites which remain intact.
The importance of the archaeological values within the City boundaries has been
accentuated by recent discoveries which indicate that this area may contain important
prehistoric remains. Prehistoric remains of man have been definitely dated as far back as
8,000 to 10,000 years; there are indications that man may have inhabited the area as far
back as 20,000 years. A discovery was announced just this summer which revealed that
the art of modeling, decorating, and firing clay objects occurred in this area 6,000 to 8,000
years ago; this predates any such discovery in both North and South America.
Archaeologists have, through excavation, established that at least two and possible three
distinct cultural groups inhabited the area. Late sites indicate that the City of Newport area
was heavily populated at the time of Spanish contact.
Sites vary in size, content, and depth. Through proper archaeological excavation, the
historical and cultural information offered by these remains is obtained.
The City also contains unique paleontological localities, especially along the bluffs of the
east shore of the bay and the adjoining foothills. One site, Fossil Canyon, was discovered in
the North Bluffs Area; the extent of this deposit has yet to be determined. Known vertebrate
deposits within the City boundaries are considered to be among the most important in the
entire state.
Archaeological and paleontological resources are irreplaceable and nonrenewable. Once a
site is destroyed, it is lost forever.
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Proposals
In order to encourage the identification, preservation, and cataloging of archaeological and
paleontological sites, the City of Newport Beach will:
1. Attempt to establish an on-going inventory of all sites within the City boundaries
which would be utilized by the Community Development Department.
2. Request the property owners in each of the large undeveloped sites to conduct
scientific surveys of the property prior to any development or earth-moving activities.
3. Notify Archaeological Research, Inc. (ARI) and appropriate academic institutions
prior to any large scale improvements on undeveloped publicly-owned property to
determine if any scientific resources exist.
4. Explore the possibility of establishing a museum for archaeological and
paleontological objects found in Newport Beach. This museum could be a part of the
"Nature Education Center" which may be developed with the Upper Bay Flora and
Fauna Reserve, or a part of the cultural center proposed in Newport Center. The
possibility of recreating one of the early Indian places of habitation should be
considered.
5. Encourage the preservation of one or more archaeological-paleontological sites to be
used as an educational resource and preserve.
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'J
SECTION 6 -ENERGY CONSERVATION
Introduction
In order to reduce demand for energy, which will in turn reduce the adverse effects of air
and thermal pollution and extend the life expectancy of current reserves, the City of
Newport Beach will enact an energy policy.
Proposals
There are many areas in which the City will participate in the conservation of
energy, such as:
1. City will upgrade building codes to require high grade insulation and weather
sealing materials to cut both heating and cooling costs for all new structures
within the jurisdiction of Newport Beach.
2. Set policies for all city buildings to conserve energy.
3. Encourage architectural standards which take advantage of natural heat and light
sources.
4. Encourage business, industry, and the residential community to adopt and/or
practice conservation techniques.
5. Study traffic patterns and speed limits based on consideration of fuel
conservation.
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