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HomeMy WebLinkAboutBIG CANYON COUNTRY CLUB1111111111111111111111111111111111111111111111111 *NEW FILE* Big Canton Country Club _ Dec 12 '0 8:49 P.01 ■ HODGE & ASSOCIATES ENVIRONMENTAL & COIV N"ITY PLANNING Fax Transmittal DATE: 1 ,9 - �o� ` TIME SENT: : �p M TO: FROM: Cheryle L Hodge Hodge & Associates '1'k,LErk1OiNB: 'Telephone If (949) u61.6488 & Fax I# (949) 661-3791 SUBJECT: P-11c jjQ l�cM�J, 1�F� /eynevi f cL, /Mile - odded a// c- � le oh es / S l� ADW�!/L'/ f /rPir /lv� io� 7C� THIS DOCUMENT CONTAINS PAGES INCLUDING THIS COVER PAGE MAILING ADDRESS: 24040 CAMINO DEL A VION, # A247 - MONARCH BEACH - CA 92629 OFFICE LOCATION: 9 FAIRE WINDS • LAGUNA NIGUEL • CALIFORNIA 92677 TELEPHONE (949) 661-6488 - FAX (949) 661.3791 E-MAIL: HODGEANDASSOC@EARTHLINILNET Dec 12 '00 8:50 P.02 • CITY OF NEWPORT BEACH CEQA PROCESSING SCHEDULE BIG CANYON IJVIpROVEMENT PROJECT TASK DUE DATE 1. Hodge & Associates receives November 28, 2000 authorization to proceed. 2. Hodge & Associates (HAA) submits revised Initial Study/Mitigated December 19, 2000 Negative Declaration (IS/MND) to City staff for in-house review & comment. 3. City staff provides IS/N4ND review January 8, 2001 comments to HAA. 4. Start of 30-day public review period for January 11, 2001 CEQA document (IS/MND). 5. Public Review Period Concludes February 9, 2001 5. Response to Comments (optional Febru' 9-16, 2001 6. Action (approval/denial by City) on February 9, 2001 or after Project 7. File/Post Notice of Determination Within 5 working days of date City (NOD) with the City Clerk & County approves project Clerk. Filing/Posting of NOD starts 30- day statute of limitations for CEQA legal challenges. Schedule Prepared on 12/12/00 • Garcia, Jay From: Cheryle Hodge [hodgeandassoc@earthlink.net] Sent: Friday, December 08, 2000 11:46 AM To: MSinacori@city.newport-beah.ca.us Cc: jgarcia@city.newport-beach.ca.us Subject: Big Cyn Country Club Improvement Project Mike - Thanks for the reply e-mail. I have a copy of the exhibit you gave to Jay Garcia. However, it's fairly general and does not include topography. You provided information that is helpful (i.e. size of trunk sewer, depth of placement etc.) however, if you can provide a written project description (via e-mail is fine) I will use it to write up the environmental analysis. Since it's a Sanitation District trunk sewer, I should provide an explanation as to why the City is involved with the line. I also have the following questions and/or need information regarding these items: Location/alignment of the trunk sewer - It does not appear that the trunk follows the same easement shown for the existing line? Where will it be placed in comparison to the existing line? New easement and/or abandoment of existing easement? Length ofITrunk Sewer? Maintenance access (i.e. manholes, etc.) for new trunk? How will existing sewer line be capped off and/or left in place? Purpose/need for new sewer trunk? Any info regarding flow stats, direction of flow, treatment facility? Timing/length of construction/placement of new line? Earthwork - I'm assuming that there will be no export of dirt and that there will be excavation for placement of the line and the earth (dirt) material will be returned & the area returned to its original state (i.e. golf course - turf etc.). Is this correct? How much of an area needs to be disturbed (via movement of dirt etc.) for placement of the line? I greatly appreciate your assistance with the above requested information. Per the CEQA schedule, I will be providing Jay with a copy of the completed CEQA doc by December 15th. I will need information pertaining to the sewer line by December 13th (at the latest) to incorporate it into the environmental analysis. Thanks for your help, Cheryle Hodge 1 12/19/2000 18:54 949661379,0, HODGE PAGE 01 HODG-E & ASSOCIATES ENVIRONMENTAL & COMMUNITY PLANNING Fax Transmittal DATE: 2 ` TIME SENT: 5 ©'�F) FROM: Chervle L. Hodge. Hodge & Associates TELEPHONE: Telephone # (949) 661.6488 & Fax # M49) 661-3791 CUV'1 - I THIS DOCUMENT CONTAINS 3� PAGES INCLUDING THIS COVER PAGE MAILING ADDRESS: 24040 CAMINO DEL AVION, # A247 - MONARCH BEACH - CA 92629 OFFICE LOCATION. 9 FAIRE WINDS- LAGUNA NIGUEL - CALIFORNIA 92677 TELEPHONE (949) 661-6488 - FAX (949) 661-3791 E-MAIL: HODGEANDASSOC®EARTHLINKNET 12/19/2000 18:54 949661379/ HODGE PAGE 02 PROJECT DESCRIPTION BIG CANYON TRUNK SEWER REPLACEMENT/REHABILITATION ORANGE COUNTY SANITATION DISTRICT The Big Canyon Offsite Trunk Sewer was constructed in 1968 and is approximately 7,500 feet in length. The sewer line is comprised of 15-inch and 12-inch VCP pipe. The sewer line begins east of Macarthur Boulevard in Newport Beach and extends through Big Canyon Golf Course to just west of Jamboree Road. The sewage from the Big Canyon Trunk Sewer flows into the Back Bay Trunk Sewer that runs along Back Bay Drive eventually reaching the Bay Bridge Pump Station adjacent to Pacific Coast Highway in Newport Beach. Sewage flows from these lines are treated at the Orange County Sanitation District's (District) Plant 2 in Huntington Beach. The original sewer line was constructed at depths between 10 and 20 feet. With the development of the Big Canyon Golf Course in 1971, fill has been added to this area that has increased the depth of the sewer to over 40 feet in some areas. The District conducted a video inspection of the sewer line in December 1999. The inspection revealed defects including cracks, sags, infiltration, mineral deposits, and offset joints, Maintenance of the sewer in some areas is difficult due to the depth, and accessibility. The District's Strategic Plan adopted in October 1999 calls for replacement/rehabilitation of the sewer line by 2009, The District began a study of the sewer in 1999 to determine the condition of the sewer and options for replacement/rehabilitation. The Big Canyon Pond Filling Project provides the District the opportunity to replace a portion of the District's sewer. This will allow the District to raise the sewer and replace it with a new pipe. The replaced portion would be from manhole 19 to manhole 14, which includes approximately 1100 feet of 12-inch VCP. Manhole 19 is located west of Royal Saint George Road on the existing driving range. Manhole 14 is located in the flowerbed north of the Club House. The alignment of the new pipe may be changed to provide better access for maintenance or conflicts with the Pond Filling Project. The new pipe, depending on the slope and alignment, will be replaced with a 12- inch PVC or VCP pipe. The 2020 peak wet weather flow from the Strategic Plan is 2,43 MGD. The new sewer will be designed to integrate into the existing system with a gravity flow at 50%. The District is currently conducting flow monitoring to more accurately determine the current flows and predict future flows in the trunk sewer. The proposed project will require the rehabilitation/replacement of at least 6 manholes. Manhole i a contains a drop manhole that will require significant modification. Manhole 14 will be converted into a drop manhole. The Big Canyon Trunk Sewer currently is contained within a 15-foot easement, If the I 330O W. Newport Blvd. CITY OF NEWPORT BEACH, CALIFORNIA Phone 673.2110 BUILDING DEPARTMENT APPi 1C`ATinNJ F'C)R C;RADiNG PERMIT APPLICA TO FILL IN AREA WITHIN, SITE VY LINES ONLY. - ADDRESSSITE ADDRESS I N�(�/V De LOCALITY LOT NEAREST NUMBERS .BLOCK CROSS ST. TRACT /1 /J CENSUSTRACT YACANT SITE BED By NUMBER YES NO �J /L.L. OWNER 6% p�USEZONE LflNYD/V v[J(/�T.e MAPMAILNO..ADDRESS A64.19.6 / ,�/✓YvNL/eFIREZONE CONDICITY ' —N04 PLANS BY • /�t7C r STATE Red. NO. BLDO. SETBACK FROM ENGINEER FRONT PROP. LINE OF (STREET) GODJ� �'• I�A'Ci�. A'I EO. SLOG. SETBACK FROM ADDRESS HIDE PROP. LINE OF (STREET). } ����TT YARDAGE APPROVED DOCUMENTS ENG•INEER:5"PSOi3ry.Pi6AA4TREGTNO. TO ACCOMPANY APPLICATION TEL �` •'��, �.r ,�, ADDRESS N O .NO.�y�OJ•O� APPLICATION CHECKED PLOT PLAN VICINITY MAP MAP Puxe cHEciceD CONTOUR CROSS TYPICAL CR096 SECTION CORRECTIONS VERIFIED ELEVATIONS ORIGINAL DRAINAGE CHANNELS ENGINEERva �D,G r %110O�-�T REAGTNO. 6S ADDRESS /IJ✓� %d�A1-J "�/y- SELF � a-3 j0- GRADING TEL. CONTRACTOR NO. STATE ADDRESS LICENSE NO. PLANS APPROVED AND FACILITIES PLANNED ELEVATIONS ,LICENSE CITY CLASS GRADES AND SLOPES 'APPLICATION APPROVEDSPEC, FOR DUST CONTROL NEWPORT LIC DISPOSAL AREA APPROVALT.A ISSUE BORROW AREA DESCRIPTION OF WORK L/j%� HAUL ROUTES OTHERS SOIL REPORT GEOLOGICAL REPORT n1 ,5-6 AAA- QL� �«%�'SE • 1�{ CHECK IF SUPERVISED GRADING COMPACTION REPORT PLANS OF RETAINING WALLS SIGNATURE OF In consideration of the granting of this permit, it Is further agreed by the applicant that the City of Newport Beach and any officer, or empployee IhareoF shall -be saved harmless by the applicant from any Ilabillty or APPLICANT NO. OF CUBIC YDS. HANDLED P.C. $ a'O CUT 2560 FEE responsibility for any accident, loss or damage to persons or property, happeningg the of any of the work under - FILL �93d S GO or occurring as proximate result taken Mar the terms of this application and the permit or permits FEE � which may be granted in response thereto, and that ell said liabilities are hereby assumed by applicant. I hereby acknowledge that 1 have read this application; that the Information given Is correct; and that i am the owner, or the duly authorized agent of the owner. 1 agree to comply with city and state laws regulating grading• and in doing the work authorized thereby, G WORK TO BE COMPLETED WITHIN DAYS pINAL'CONTOUR DATE INSPECTOR6SIGNATURE no person will empployed In violation of the Labor Code ofthe 5}ate of California ISIa11n to Workman's Compensation Insurance. MAP FILED 0FCERTIF. 0ENG.R.TUry SIGNATURE � OF PERMITTEE wom -'f Q / ADDRESS COMPLETED I I`�V U. � SURETY "OND PLAN CHECK VALIDATION lc4D M.o. CASH RELEASED e AgdCrZd Qgr& 4�S�j and _ PERMIT VALIDATION CK. M.O. CASH 9 6 1 3 SEP 5 75 2 0.0 0 -B•` >?"'T 140e60 . 9 6 6 0 4 'SEP 1 675 124.00 PC4FaC -- g 6 0 3 SEP 16 75 2 10.7 5- ��iof 3300 W. Newport Blvd C• OF NEWPORT BEACH, CALIFORNIA BUILDING DEPARTMENT APPi ir'AT►n1U �nr�. r_c+anrnrr_ �J M17GRAM Phone 673-2110 APPLICANT TO FILL IN AREA WITHIN, LINES O��NLY..s� SITE ADDRESS ITS ADDRESS v0A.O f/%.=. LOCALITY ��'. 0, 4rr gZQ ^ 7 LOT NUMBERS BLOCK 5' NEAREST CROSS ST. TRACT NUMBER .7.L. z � CENSUSTRACT VAaANYalTE YES ❑ NO PROCESSED BY OWNER '13,(y 1} Q,) <(/dfr/ y�l aid AS AS USE ZONE MAP MAILADDRESS % H-AI Y� LJ/Q . �(�('—..7TV SPECIAL CONDITIONS r �• 1 O 1 r ' p. CITY . N�.t.i s-U.CiT NO. NO. FIREZONE PLANS BY E GINEERA&LRAW. NO. pLOD: eETBACK'FHOM FRONT PROP. LINE OF (STREET) ADDRESS NO BLOG. SETBACK FROM SIVE PROP. LINE OF (817 EET) ." STATE ENGINEER REG. NO, YARDAGE APPROVED DOCUMENTS TO ACCOMPANY APPLICATION APPLICATION CHECKED PLOT PLAN VICINITYMAP PLANe CHECKED CONTOUR MAP TYPICAL CROSS SECTION CORRECTIONS VERIFIED ELEVATIONS ORIGINAL DRAINAGECHANNELS PLANS APPROVED AND FACILITIES PLANNED ELEVATIONS GRADESANDSLOPES 'APPLICATION APPROVED SPEC. FOR DUST CONTROL DISPOSAL AREA APPRO Li sauE BORROW AREA HAUL ROUTER OTHERS SOiL REPORT GEOLOGICALREPORT COMPACTION REPORT PLANS OF RETAINING WALLS ADDRESS TEL. 1NO. SUP'•V'G GRAD'G. �<,y 'STATE ((++�� ENGINEER �JWQ0A2Fi REG. NO.6<58 ADDRES�t "� � �he/�j c, � / rM /q—/vii FnO(kJ !('iF �Zy � �S.LV GRADING CRATING TEL. CONTRACTOR NO. STATE ADDRESS LICENSE NO. ,LICENSE CITY CLASS -NEWPORT LIC. DESCRIPTION OF WORK KEs/L,SlCvU 0� Q�/� ��g P3L,1� �,�(� CHECK IF SUPERVISED GRADING SIGNATURE OF APPLICANT In coniideratlon of the granting of this permit, it is further agreed by the appli<an! that the City of Newpport Beach and any o(fico<or empployee thereof shall be saved harmless by the applicant from any JabiIffy or responsibllify for any accident, loss or damage to persons or property, happening or to as the proximate result of any of the work under• taken under iho terms of this application and the permit or permits which may be granted In response thereto, and that all said liabilities are hereby assumed by applicant. NO. OF CUBIC YDS. HANDLED CUT �j B'Q� FILL f)Q a 4 P� $ C�J FEE ® $ �+� FEE 3J 1 hare by acknowledge that I hays read this application; that the Information given Is correct; and that I am the owner, or the duly authorized agenf of the owner. I agree to comply with city and state laws to ulatin grading• and in doing the work authorised thereby, t no paen will bs empployed in violation of the Labor Code of the $tale of California ralA to Workmen's Commp�ennssationnjj Insurance. SIGNATURE0F PERMITTEE� �� i }47 1 D WORK TO BE COMPLETED WITHIN DAYS FINAL'CONTOUR MAP FILED DATE INSPECTORSSIGNATURE DFINAL CERTIF. F ENO-R. NEC -Om ADDRESS WORK CO COMPLETED / (� PLAN CHECK VALIDATION CIC M.O. CASH B ve twat ° 3aon W. Newport Blvd. CITY OF NEWPORT BEACH, CALIFORNIA ( c �/b'Y/00SPF6ne 67321'l0- BUILDING DEPARTMENT APPLICATION FOR BUILDING PERMIT ASSESSOR'S BUILDING N(1 n ,"� � y/� PARCEL NO. ADDRESS • j ;i I /a DATE: LOCALITY APPLICANT TO FILL IN AREA WITHIN NEAREST HEAVY LINES ONLY. CROSS ST. CENSUS TRACT GROUP TYPE PROCESSED BY BUILDING r D• �' ADDRESS L VACY-A LOT NO. BLOCK TRACT STATISTICAL CLASSIFICATION T SITE .L No oP eLOGs, O ' DWELL UNITS O YES ❑ NO SIZE OF LOT �•%�_ Now ON LOT CLASS 1NO.� G....••I//K '"' - BLOG.SETOACKFRu" PER /fYr1V0V I,.F4TREET) /— FRONT PROP. LINE OF Y CITY BLDG. SETBACK FROM �r r7 Pt /f AI (STREET) _ DESCRIPTION OF WORK SIDE PROP. LINE OFT----��� EW ADD ALTER REPAIR DEMOLISH Yard:: Rear_ R.S. Rear L.S. S_ R.S. FT. BLDG. l.n /ENO. OF I5T—�•-'iNO. OF FAMILIES SIZE CARAGE�(�I [R/G/STORIESy(l •,, Eav s: Fr. WORK TO BE DUN: PLO PLAN CHECK & APPRV. �a(/xr/ Curb Cut ✓ owner Bid FA* —p ._.. ... .... / :... r ram': B TEL ""I C,m ..'-� BRANCH NO. ADDRESS SIGNATURE O 7 APPLICANT �/y��'r,��• APPROVALS DATE FEE S F 59•'-'r FEE 5 s-p FOUNDAT ION: LOCATION s/•,% FORMS. MATERIALS 31 I hereby acknowledge that I have read this app Katien; (thhat the information given is correct; and that I am the owner. or the duly REINFORC. STEEL authorised agent of the owner. I agree to comply with cify and state laws regulating construction; and in doing the work authorized thereby, r no person will be employed in !olation of the Labor Code of the _ State of will _relating to Workmen's Compensanco. SHEATHING SIGNATURE OF PERMITTEE FR 4MING A:!)DDRESS FINAL __ _ _ r+ •/` _/ CERT. OF 'CU. PLAN CHECK VALIDATION Eli. M.D CASH PERMIT VALIDATION DK M O. CASH i r^ r d 4 71 �uU'7U r�� • .• 3300 W. Newport Blvd. CITY OF NEWPORT BEACH, CALIFORN Phone 640-2211 ,p,C. # BUILDING DEPARTMENT Applicant to fill in areas within heavy lines only. APPLICATION FOR: Other. Grading Ej Drainage Q. Slope Repair SITE _/ /1 DOCUMENTS ACCOMPANYING APPLICATION j ADDRESS _ LOT J NUMBERS NUMBER GRADING PLAN12 , LOCALITY / VACANT SITE ❑ YES ❑ NO PLOT PLAN _ NEAREST CROSS ST. CROSS SECTION •� OWNER _ ELEVATIONS MAIL U ADDRESS SLOPE PLANS TEL TEL CITY BORROW SITES / FIRMS BY // t HAUL ROUTES ADDRESS Z —S ♦ /J SOIL REPORT TEL. CITY / NO GEOLOGICAI REPORT 5UP'V'G GRAD'G FIRM t COMPACTION REPORT MAIL ADDRESS J r OTHERS Ij TEL. • CITY NO. GRADING O 11cJ.1 � l CONTRACTOR ... ' ' '2� 6 REVIEW DEP R E TS DATE BY ADD S� aP1ao t r'LC - A TEL// APPLICATION CK. 3f CITY y ,0 w1c) t STATE ¢¢,,,, LICENSE NEWPORT ZONING CK. L LICeNS O. CIAS UC NO -dCJ: TRAFFIC _ 'CK. CHECK IF SUPERVISED GRADING SUBDIVISION CIC. SIGNATURE OF APPLICANT„ _ �L L rc�y vV-•�`-'��A DATE. r GRADING CK. ✓ l i YARDAGE FO PROJECT FILL- GJ L> O CUT• / C 1 APPROV T UE 1 DATE ,�%�1 - PLAN CK.S i' Q FEES CASH DEPOSITS MQOr I� - I INSPECTOR COPY PERMIT $ O BOND (TYPE)" . PG,MOUNT) S CO OTHER S .2S'0 G AD �A I hereby acknowledge that I have read this application, that the INSPECTION DATE INSPECTOR inlorreolion given is corroct. and that I am the owner, or the duly authorized agonl of tha owner. I ogres to comply with city and slate PRE -GRADE MEETING �r laws regutoling grading; and in doing the work authorized thereby, no Personwill be employed in violation of the LabeCode o! the State of ROUGH GRADE INSP. Calilornio relating fo Workmen's Compensation Insurance. SIGNATURE PRE -PAVING MEETING - PRECISE GRADE INSP. OF PERMITTEE ADDRESS In consideration of the gronting of this permit, it is further agreed by the applicant that the ily of Newport Beach and any officer or OTHER: FINAL EERTIF. OF ENGR FIND REPORTS REED employee thereof shall be saved harmless by the applicant from any liability or responsibility for any accident, loss or damage to persons or FIELD INSPECTION OF PROJECT COMPLETED pfoporty. happpening or occurring as the proximate result of any of the work undarloken under the terms of this application and the permit or PERMIT FINALED ermits which ma be granted in responso thereto, and that all said Pobdilies are hereby assumed by applicant. NOTE: WORK MUST COMMENCE WITHIN A PERIOD OF 120 DAYS FROM THE DATE OF VALIDATION OF THIS PERMIT. PLAN CHECK VALIDATION CK M.O. CASH PERMIT VALIDATION CK. M.O. CASH !�9oF23 0 d � � i ORANGE COUNTY RECORDER GARY L. GRANVILLE Finalization 20010000354827 12/04/2001 04:18pm 170 52 Item Title Amount ------------------------- 1 Z03 1293.00 Fish & Game. 089 Declaration 1 Z01 DOCK 20018500133E Time Recorded 04:18 PM Total 1293.00 Payment TYP8 Amount Check tendered 1250.00 Check tendered 43.00 Amount Due 0.00 THANK YOU please Retain This Recelat For Your Records. STATE OF CALIFORNIA - THE RESOURCES AGENCY DEPARTMENT OF FISH AND GAME A& ENVIRONMENTAL FILING FEE CASMWEIPT DFG 753.$a (a-01) 1 Lead Agency: k- County! State A£ Project Title: Project Applicant Na e: Project Applicant Address. Project Applicant (check appropriate box): 211458 Date: Document No.: Phone Numm LEA ,Nb Public Agency ❑ School District1:1 Other Sp@cial District State Agency Private Entitxz�f CHECK APPLICABLE FEES: ( ) Environmental Impact Report f--j-NegaM Declaration ( ) Application Fee Water Diversion (State Water Resources Control Board Only) ( ) Projects el -to Certified Regulatory Programs ( ounty Administrative Fee ( ) Project that Is exempt from fees Signature and title of person receiving payment: $850.00 $ $1,250.00 $ 12 60 $850.00 $ $850.00 $ $25.0 $ H-5 -6 EC !i D $ WHITE -PROJECT APPLICANT AGENCY OF FILING V Recorded in Official Records, County of Orange GarAaranville, Clerk -Recorder IIIIliliIlill1IIIIIIIIIIIIIIIIIIIilillIIIIIIIIIIIIIIIIIIII1293,00 CITY OF NEWPOR*EACH,r, 3300 Newport Boule d Nett-ch�A75 69 rtu L£ C1alk-fn"( t 200185001338 04.18pm 12104/01 (949 4 0 'd GpRY L• OR _— 170 52 203 201 1250.00 43.00 0.00 0.00 0.00 0.00 0.00 0.00 DEC D 4 2091 ey _ .riPTICE OF DETERMINATION �,leln-llW-• Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 County Clerk, County of Orange Public Services Division P.O. Box 238 Santa Ana, CA 92702 From: City of Newport Beach Planning Department 3300 Newport Boulevard Newport Beach, CA 92758-8915 (Orange County) Date received for filing at OPR: Subject: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code_ Name of Project: Big Canyon Country Club Project -Pond Fill, Storm Drain & Sewer Trunk Line State Clearinghouse Number: City Contact Person: Telephone No.: SCH #200005118 Javier S. Garcia AICP, Senior Planner (949) 644-3206 Project Location: 1 Big Carryon Drive, Newport Beach, California. Project Description: The application is the approval of a Grading Permit for the Big Canyon Country Club Storm Drain project. The project involves the placement of fill materials within an existing pond approximately 0.64 acres in size and construction of associated improvements. Improvements include drainage pipes underground and above surface that will connect to the existing storm drains, removal and construction of golf cart paths, adjustment of manholes to grade, and relocation of an existing sewer line. The pond, once filled, will be landscaped and replaced with a putting green to compliment the existing golf course uses and the driving range depth expanded to provide additional distance. This is to advise that the City of Newport Beach, Building Ojflcial , has approved the above described project on November 28, 2001 and has made the following determinations regarding the above described pro-Ject: - 1. The Cityis E7 Lead Agency ❑ Responsible Agency for the project. 2. The project ❑ will Owill not have a significant effect on the environment. 3. ❑ An Environmental Impact Report was prepared for this project pursuant to the -provisions of CEQA. 4. 0 A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 5. Mitigation measures 0 were ❑ were not made a condition of the approval of the project. 6. A Statement of Overriding Considerations ❑ was 0 was not adopted for this project. 7. Findings 0 were ❑ were not made pursuant to the -provisions of CEQA. The final EIR or Negative Declaration and record of project approval is available for review at the Planning Department of the City of Newport Beach, 3300 Newport Blvd., Newport Beach, California 92658-8915, (949) 644-3200. November 28, 2001 Signature/Title Javie S. Garcia AICP, Senior Planner Date F:\USERSIPLN\Shared%I PLANCOMIPENDINGIB IGCANYOMNODbigeyn l.doe °tiWP°Rr CITY OF NEVWRT BEACH m Z ADMINISTRATIVE SERVICES O S 3300 NEWPORT BLVD. P.O. BOX 1768, NEWPORT BEACH, CA 92658.8915 SASH RECEIPT RECEIPT NUMBER: 02000295718 RECEIVED BY: PERRY2 PAYOR: BIG CANYON COUNTRY TODAY'S DATE: 12/04/00 REGISTER DATE: 12/05/00 TIME: 14:42:10 27005000 ZONING & SUBDIV ONE BIG CANYON $3,358.00 ---------------- TOTAL DUE: $3,358.00 CASH PAID CHECK PAID CHECK NO TENDERED CHANGE $.00 $3,358.00 16456 $3,358.00 $.00 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658.8915 BUILDING DEPARTMENT - (949) 644-3288 FEE RECEIPT Date It-N-a-DOC P1anCheckNo. Received By: r� 6nt a' n1 - @r Nye 3; Cir 6A1-Jy0nl County 09,-A �re-a;�J&ecf Received From Job Address Building Plan Check.....................................................................2900-5002 $ Zoning Plan Check (Architectural)...............................................2700-5003 $ Zoning Plan Check (Grading)......................................................2700.5003 $ Grading Plan Check - Cu. Yds...................................................... 2900-5004 $ Fire Plan Check.............................................................................2330-5055 $ Electric Plan Check.......................................................................2900.4612 $ Plumbing Plan Check....................................................................2900-4616 $ Mechanical Plan Check.................................................................2900-4618 $ Overtime Plan Check - Building...................................................2900-5023 $ Overtime Plan Check - Grading...................................................2900-5004 $ Overtime Plan Check - Planning..................................................2700.5003 $ Preliminary Code Compliance Review.........................................2900-5002 $ Reinspection B E H P/Special Inspection.....................................2900.5008 $ ReinspectionFire..........................................................................2330-5050 $ Temporary Electric........................................................................2900-4612 $ Temporary Gas..............................................................................2900-4616 $ Temporary Certificate of Occupancy............................................2900.5008 $ Underground Utilities Waiver......................................................010-2225 $ GreaseInterceptor........................................................................2900-4620 $ Planning Department Fees...........................................................2700-5000 $ 3 3 se, d o Sale of Maps & Publications.........................................................2700.5812 $ Determination of Unreasonable Hardship...................................2900.5018 $ Microfilm Copies/Photocopies ........ Z.AU :........................................ 010-2263 $ Other (Specify) ......................... pie-04-20O&............................. $ CtiYU! Ivc::rv::;TOTAL FEES $3, 356', 00 Fee Receipt No. NOTICE: PLAN CHECK EXPIRES 180 DAYS FROM DATE OF SUBMITTAL (f\feercpt.198) 3300 Newport Boulevard, Newport Beach Big Canyon Country Club 1 Big Canyon Drive Newport Beach, CA 92660-5299 Phone: (949) 644-5404 Fax: (949) 720-9338 December 1, 2000 Javier S. Garcia, AICP Senior Planner City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658-8915 Dear Mr. Garcia: Enclosed is a check in the amount of $3358.00 for consultant and city fees to proceed with the Environmental Study for the Big Canyon Storm Drain Project. Also enclosed is the signed authorization as requested in your letter of November 17, 2000. Sincerely, David H. Voorhees, CCM General Manager CITY OF NEWPORT BEACH T.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 FAX COVER SHEET NO. OF PAGES: (including cover sheet) DATE: k\)00 2Ti z� tp TO: PHONE NO. (OW FAX NO. (e (' ( _ 30 q RE: FROM: PLANNING DEPARTMENT CITY OF NEWPORT BEACH 3300 NEWPORT BEACH, CA 92663 PHONE NO.: (949) 644- 3� �p FAX NO,: (949) 644- 3250 SPECIAL N 3300 Newport Boulevard, Newport Beach IROV-20-00 MON 02121 PM SNYDER LANGSTON FAX NO. 949 863 1087 P. 01/08 FACSIMILE MESSAGE ® LAN G SS TO N COVER SHEET Date November 20, 2000 Company Biq Canyon Country Club Attention Mr. David Voorhees City, State Facsimile No. 949,720.9338 Verification No. From Project Name Job No. Bill Langston Big Canyon Country Club - Storm Drain Project Project No. Number of Pages 8 (including cover sheet) SPECIAL NOTES TO RECEIVER: I am faxing you a copy of the correspondence from Jay Garcia, City of Newport Beach. This is regarding additional funds for the additional preparation of environmental documents to include in the County City Sewer report, as was discussed. I have spoken with Mr. Jim Peters and we are in accord in spending the additional $3,358.00. Please send a check in that amount to Mr. Garcia. Thank you. cc: Mr. Jim Peters Facsimile # - 949.725.9332 17962 Cowan Irvine, CA 92614 (949) 863-8200 (019) 863.1087(FAX) NOV-20-00 MON 02:22 PM SNYDER LANGSTON FAX NO. 949 863 10I8�7 .� v11 V44J 14u ('UV P. 02/08 12:26 No.005 P.01 CITY OF NEWPORT BEACH -P.O. BOX 1768, NHYC%PORT BPACH, CA 92658.8915 FAX COYER SHE T NO, OF PAGLS: (including cover sheet) DATL: Nov I "1 'L S TO:PHONE e— PIIONE NO. _ '+ rAXNO. O`+q) F'RO Nf : 64�Ca /� 0. PLANNING; DEPARTMENT CITY OF NEWPORT BEACH 3300 NEWPORT BEACH, CA 92663 PHONE. NO.: (949) 644-'7,706 FAX NO.: (949) 644- 3250 SPECIAL INSTRUCTIONS: 3500 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658.8915 PLANNING DEPARTMENT (949) 644-3200 November 17, 2000 VIA FAX AND MAIL Big Canyon Country Club l Big Canyon Drive Newport Beach, CA 92663 Attention: Bill Langston Subject: Environmental Study for the Big Canyon Storm Drain Project One Big Canyon Drive Dear Mr. Langston: Enclosed please find a copy of a supplemental proposal submitted by Hodge Associates Consulting regarding the preparation of a revised Initial Study and Mitigated Negative Declaration for the proposed Storm Drain Project located at One Big Canyon Drive. The revision incorporates the extension of the Sanitation Districf trunk line affected by the proposed project. The attached proposal contains an outline of the required work, schedule of time, and estimated fee required for preparation of the task. I have also included fees for staff time to meet with the consultant and review the revised study and documents for preparation of the revised Draft Initial Study/Negative Declaration Document. The requested Consultant fees have been reviewed by the City and are considered appropriate and warranted. The fees are as follows. Consultant Fees $ 2,920.00 City Fees (Supplmt)' $ 438.00 Total Request: $ 3,358.00 Please submit a check in the amount of $ 3,358.00 payable to the City of Newport Beach and sign and return the enclosed authorization. Your prompt response in this matter is appreciated. Sincerely, PATRICIA L. TEMPLE, Planning Director BY w^ J vier S. Garc , AICP Senior Planner attachment: Copy of Supplemental Consultant Proposal, dated November 10, 2000 Contract Authorization F:\...\SHARED\I PLANCOM\PENDING\OC-EQUINEPK\CONSCOSTSUP ' The City Fees include an initial deposit with draws based on City Staff time at a loaded hourly rate. The applicant will be billed for additional deposits ($100.00 increments) when the City Fee's balance reaches $100.00 3300 Newport Boulevard, Newport Beach 0 CITY OF NEWPORT BEACH November 17, 2000 P.O. BOX 1768, NEWPORT BEACH, CA 92658.8915 PLANNING DEPARTMENT (949) 644-3200 VIA FAX AND MAIL Hodge and Associates 24040 Camino del Avion, Suite A-247 Monarch Beach, CA 92629 Attention: Cheryle Hodge Subject: Environmental Study for the Big Canyon Storm Drain Project One Big Canyon Drive CONTRACT APPROVAL: Approved By: Javier S. Garcia, AICP Title: Senior Planner Finn: City of Newport Beach Consultant: Hodge and Associates 24040 Camino del Avion, Suite A-247 Monarch Beach, CA 92629 Project Address: One Big Canyon Drive Date of Proposal: July 13, 2000, copy of proposal attached and on file. $ 3,358.00 consultant budget amendment with the additional charges for staff review of the response to comments. Project Applicant: Big Canyon Country Club Applicant Approval: Signature: Bill Langston, Country Club Representative PLANNING DEPARTMENT BY: Q-am-� Jav' r Garcia AICP, Senior Planner F \USERMSHAREDU PLANCOM\PENDING\BIGCANYON\CONTRAC"r-sup2 3300 Newport Boulevard, Newport Beach HUUbE Fax:9496613791 Nov 10 '00 14:36 P.02 • HODGE AND ASSDCIIATaB November 10, 2000 Mr. Jay Garcia, Planning Department City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92658-8915 SUBJECT: Proposed Big Canyon Country Club Storm Drain Improvement Project, Newport Beach - Hodge & Associates Proposal for Preparation of Revised Initial Study/Mitigated Negative Declaration. Dear Mr. Garcia: Hodge and Associates is pleased to present you with this proposal for environmental consultant services, The following briefly describes the scope of services to be provided to the City of Newport Beach. Scope of Services The following tasks are included in the scope of services included in this proposal: Preparation of a Revised Initial Study and Mitigated Negative Declaration Review that incorporates an expanded discussion of topical areas in response to written comments previously received during the CEQA public review. The IS/MND will also be revised to include a new project description that adds the proposed waterline. The IS/MND analysis and evaluation will also be amended to include the waterline. Preparation and posting of Public Notice in compliance with CEQA & the CEQA Guidelines Distribution and recirculation of the revised IS/MND for public review. The revised IS/MND will be resubmitted to the State Clearinghouse, Office of Planning & Research (OPR) for a 30-day review period. Consultation with City staff Schedule Hodge & Associates is available to start work immediately upon receipt of written authorization to proceed. The first draft of the revised CEQA document would be submitted to the City within 2 weeks from the date of authorization to start work. The ability to meet this schedule will depend on response to requests for information and/or material from the City staff and/or applicant. 24040 CAMINO DEL AVION - SUITE A-247 • MONARCH BEACH, CA 92629 - TEL' 9491667.648E - FAX: 949/661-3791 HODGE Fax:9496613791 • Nov 10 '00 14:37 P. 03 Mr. Jay Garcia, Planning Department City of Newport Beach Big Canyon Country Club Storm Drain Improvement Project November 10, 2000 Page Two Cost Estimate Bodge and Associates proposal is for time and materials in accordance with the attached Schedule of Pees and general conditions thereto. Reimbursable expenses such as printing, graphics, word processing, delivery are billed at cost. Our estimate for the total costs for the services presented in this proposal is $2,920.00. This amount includes up to 32 hours of professional planning services at our hourly rate of $85.00 and approximately $200.00 budgeted for reimbursement expenses (e.g., printing, postage etc.). This proposal shall be considered valid for an authorization date up to December 29, 2000. Thank you in advance for your consideration of our proposal. Should you have any questions, please call me at (949) 661-6488. Sincerely, Cheryle L. Hodge HODGF AND ASSOCIATES Attachment: Hodge & Associates —Schedule of Fees & General Conditions HDDGE Fax:9496613791 Nov 10 '00 14:37 P.04 • • HODGE & ASSOCIATES SCHEDULE OF FEES & GENERAL CONDITIONS 2000 Billing rates are subject to revision effective 7auuary 1 of each year Classification Firm Principal Graphics Artist Clerical Staff GENERAL CONDITIONS Hourly Rates $85.00 $35.00 $30.00 Hourly rates apply to work time as well as travel time which occur at public hearings and scheduled meetings. 2. Travel, reproduction and supplies outside of a scope of work are billed at cost plus 10%, 3. Auto mileage will be. billed at $0.325/s cents per mile. 4. Billing invoices wi It be submitted monthly for work in progress or upon completion of work. All invoices are payable within thirty (30) days of the invoice date. Any invoice unpaid after thirty (30) days will be subject to interest at 1-1/2% per month,18% per year. If client fails to pay consultant within sixty (60) days after invoice is rendered, client agrees consultant shall have the right to consider such default in payment a material breach of their entire agreement, and, upon written notice, the duties, obligations, and responsibi Iities of consultant under this agreement are suspended. S. Client hereby agrees that the balance in a billing invoice is correct and binding unless the client notifies the consultant in writing within ten (10) days of the date of the billing and informs consultant of alleged incorrect billing. 6. Consultant makes no warranty as to his/her finding, except that the work is performed using generally accepted methods. ' 7. Consultant makes no warrantythat the project will be approved by any governmental agency, nor endorsed by any citizens group. Page 1 of 2 HODGE Fax:9496613791 • Nov 10 '00 14:38 • P. 05 HODGE & ASSOCIATES SCHEDULE OF FEES & GENERAL CONDITIONS 8. All documents produced as a result of this agreement shall remain the property of the consultant and may not be used by the client without consent from the consultant unless they become part of the public record. 9. The client agrees to limit the consultant's liability to the client, because of professional negligent acts, errors, or omissions by the consultant, to the consultant's fee. 10. Any controversy or claim arising out of orrelating to this contract or the breach thereof shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgement upon the award rendered by the arbitration may be entered in any court having jurisdicti on thereof. In the event eitherparty commences legal action to enforce this Agreement of the General Conditions, the prevailing party shall be entitled to recover its reasonable attorney's fees and costs incurred in the action, in addition to all other relief to which the prevailing party is entitled. 11. In the event of a mid -phase contract suspension, billings will be prorated to reflect tasks in progress, except where a task was completed early, in which case it will be billed as if the task were complete. Page 2 of 2 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658.8915 PLANNING DEPARTMENT (949) 644-3200 November 17, 2000 RECEIVED BY PLANNING DEPARTMENT CITY OF NEwpORT BEACH VIA FAX AND MAIL NOV 2 9 2000 PM AM Hodge and Associates 71819110111112111213141616 24040 Camino del Avion, Suite A-247' Monarch Beach, CA 92629 Attention: Cheryle Hodge Subject: Environmental Study for the Big Canyon Storm Drain Project One Big Canyon Drive CONTRACT APPROVAL: Approved By: Javier S. Garcia, AICP Title: Senior Planner Film: City of Newport Beach Consultant: Hodge and Associates 24040 Camino del Avion, Suite A-247 Monarch Beach, CA 92629 Project Address: One Big Canyon Drive Date of Proposal: July 13, 2000, copy of proposal attached and on file. $ 3,358.00 consultant budget amendment with the additional charges for staff review of the respoylse to comments. Project Applicant: Big Canyon Applicant Approval: Club Representative PLANNING DEPARTMENT BY: Q-rM= Jav r GarciAICP, Senior Planner P-\USERS\SHARED\ I PLANCOM\PENDING\BIGCANYON\CONTRACT-sup2 3300 Newport Boulevard, Newport Beach E Garcia, Jay From: Bludau, Homer Sent: Wednesday, November 29, 2000 8:50 AM To: Garcia, Jay Subject: RE: Big Canyon Lake Drainage It just seemed to me that with those elements as a part of the project, a neg dec could be difficult to justify. -----Original Message ----- From: Garcia, Jay Sent: Wednesday, November 29, 2000 8:48 AM To: Bludau, Homer Subject: RE: Big Canyon Lake Drainage That portion of the project remains unchanged. The filling of the settling basin/pond and the construction of the storm drain connecting Wye structure. -----Original Message ----- From: Bludau, Homer Sent: Tuesday, November 28, 2000 5:04 PM To: Garcia, Jay; Temple, Patty; Wood, Sharon Cc: Sinacod, Mike; Hoffstadt, Dick; Clauson, Robin Subject: RE: Big Canyon Lake Drainage Jay, what is happening to the issue that eliminating an existing pond and changing the drainage course were a part of the project? -----Original Message ----- From: Garcia, Jay Sent: Tuesday, November 28, 2000 2:55 PM To: Bludau, Homer; Temple, Patty; Wood, Sharon Cc: Slnacod, Mike; Hoffstadt, Dick; Clauson, Robin Subject: RE: Big Canyon Lake Drainage The revision to the project to add the 1,000 linear feet of replacement pipe for the Orange County Sanitation District was approved by the project applicant for inclusion in the revised environmental document. The neg dec document will be redrafted, recirculated and reposted for public comment. I am waiting for a revised time line from the consultant and will that information as soon as possible. If any of you that were forwarded a copy of the previous response to comments document have any information that you wish considered in the rewrite, please forward the information as soon as possible. -----Original Message ----- From: Bludau, Homer Sent: Wednesday, August 23, 2000 2:04 PM To: Garcia, Jay Cc: Temple, Patty Subject: Big Canyon Lake Drainage Jay, I want to be involved in the meeting with our EIR consultant on this project, so I take it, the meeting has not occurred yet. Please let me know when it will occur, so I can put it on my calendar. Thanks. HODGE 'G( ENV DATE:__ Fax:9496613791 Nov 10 '00 14:35 P.01 11:1LATI4' iiJPI'ORT RO11V]N;'i(3lAyiLiNITV.LANNING ' ;A; TV hone ; 949' d ::zSd8$; +Eax #. •949 :661=3791 HONE:. Te e THIS DOCUMEENt �rri p TSAjoleyc7 ••Diet. !.>:i i ' � / . �O , &F� '• • :<:�.: ,-;�: ' ., - is ... ... .. • . it f•t) pY. 47.E .L.• .... . (:. '.'..'fin ��- 'r�•..'�' .. ' :4Nr9` "^='AGS;RCLiTDING THIS COVERPAGE;:,: • 1VxAILING.AbD 55:?AQ40'CANINOISEL�VIQliTiiA 6#.A247'•MONA&CHB�ACH?•:CA9 9,, ' OFFICE LOCATIONi 9 FhiTa 4� Tia�`ti:I A,U�t�r•1VTGiJEL • CALII ORKIA 92677, 'TEtEP�ONl(9a9;bx6488'�bAX.'�99).f�1�3�91 ' HODGE Fax:9496613791 Nov 10 '00 14:36 P. 02 November 10, 2000 HODGEr Mr. Jay Garcia, Planning Department City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92658-8915 SUBJECT: Proposed Big Canyon Country Club Storm Drain Improvement project, Newport Beach - Hodge & Associates Proposal for Preparation of Revised Initial Study/Mitigated Negative Declaration. Dear Mr. Garcia: Hodge and Associates is pleased to present you with this proposal for environmental consultant services. The following briefly describes the scope of services to be provided to the City of Newport Beach. Scope of Services The following tasks are included in the scope of services included in this proposal: Preparation of a Revised Initial Study and Mitigated Negative Declaration Review that incorporates an expanded discussion of topical areas in response to written comments previously received during the CEQA public review. The IS/MND will also be revised to include a new project description that adds the proposed waterline. The IS/MND analysis and evaluation will also be amended to include the waterline. Preparation and posting of Public Notice in compliance with CEQA & the CEQA Guidelines Distribution and recirculation of the revised IS/MND for public review. The revised IS/MND will be resubmitted to the State Clearinghouse, Office of Planning & Research (OPR) for a 30-day review period. Consultation with City staff Schedule Hodge & Associates is available to start work immediately upon receipt of written authorization to proceed. The first draft of the revised CEQA document would be submitted to the City within 2 weeks from the date of authorization to start work. The ability to meet this schedule will depend on response to requests for information and/or material from the City staff and/or applicant. 24040 CAMINO DEL AVION • SUITE A-247 - MONARCH BEACH. CA 22629 - TEL• 949/661.6488 0 FAX: 949/661-3791 HODGE • Fax:9496613791 Nov 10 '00 14:37 P.03 • Mr. Jay Garcia, Planning Department City of Newport Beach Big Canyon Counuy Club Storm Drain Improvement Project November 10, 2000 Page Two Cost Estimate Hodge and Associates proposal is for time and materials in accordance with the attached Schedule of Fees and general conditions thereto. Reimbursable expenses such as printing, graphics, .word processing, delivery are billed at cost. Our estimate for the total costs for the services presented in this proposal is $2,920.00, This amount includes up to 32 hours of professional planning services at our hourly rate of $85.00 and approximately $200,00 budgeted for reimbursement expenses (e.g., printing, postage etc.). This proposal shall be considered valid for an authorization date up to December 29, 2000. Thank you in advance for your consideration of our proposal. Should you have any questions, please call me at (949) 661-6488. Sincerely; Cheryle L. Hodge HODGE AND ASSOCIATES Attachment: Hodge & Associates —Schedule of Fees & General Conditions HOWE Fax:9496613791 Nov 10 '00 14:37 P.04 HODGE & ASSOCIATES SCHEDULE OF FEES & GENERAL CONDITIONS 2000 Baling rates arc subject to revision effective January t of cash year Classification Firm Principal Graphics Artist Clerical Staff GENERAL CONDITIONS hourly Raees $85.00 $35.00 $30.00 1. Hourly rates apply to work time as well as travel time which occur at public hearings and scheduled meetings. 2. Travel, reproduction and supplies outside of a scope of work are billed at cost plus 10%. 3. Auto mileage will be billed at $0.32t/s cents per mile. 4. Billing invoices will be submitted monthly for work in progress or upon completion of work. All invoices are payable within thirty (30) days of the invoice date. Any invoice unpaid after thirty (30) days will be subject to interest at 1-1/2% per month, 18% per year. If client fails to pay consultant within sixty (60) days after invoice is rendered, client agrees consultant shall have the right to consider such default in payment a material breach of their entire agreement, and, upon written notice, the duties, obligations, and responsibilities of consultant. under this agreement are suspended. 5. Client hereby agrees that the balance in a billing invoice is correct and binding unless the client notifies the consultant in writing within ten (10) days of the date of the billing and informs consultant of alleged incorrect billing. 6. Consultant makes no warranty as to his/her finding, except that the work is performed using generally accepted methods. Consultant makes no warrantythat the project will be approved by any governmental agency, nor endorsed by any citizens group. Page 1 of 2 HODGE Fax:9496613791 Nov 10 '00 14:38 P.05 ■ BODGE & ASSOCIATES SCBEDULB OF FEES & GENERAL CONDMONS 8. All documents produced as a result of this agreement shall remain the property of the consultant and may not be used by the client without consent from the consultant unless they become part of the public record. 9. The client agrees to limit the consultant's liability to the client, because of professional negligent acts, errors, or omissions by the consultant, to the consultant's fee. 10. Any controversy or claim arising out of or relating to this contract or the breach thereof shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgement upon the award rendered by the arbitration may be entered in any court having jurisdiction thereof. In the event either party commences legal action to enforce this Agreement of the General Conditions, the prevailing party shall be entitled to recover its reasonable attorney's fees and costs incurred in the action, in addition to all other relief to which the prevailing party is entitled. 11. In the event of a mid -phase contract suspension, billings will be prorated to reflect tasks in progress, except where a task was completed early, in which case it will be billed as if the task were complete. Page 2 of 2 WA TINS DOCUMENT CONI MAILING ADDRESS: 24040 OFFICE LOCATION: kNT: JUL-26-00 TUE 01:08 PM SNYD R LANGSTON FAX NO, 949 863 1087 I MIM y�oJ IYO. UUl Y.U( �ryW PpR� CITY OF NEWPORT BEACH U $ PO. BOX 1768, NEWPORT BEACH, CA 4265"915 PLANNINO MPARTMZ NT (949)-644-3200 JUIy 25, 2000 VIA VAX AN!) AM .Hodge and Associates 24040 Camino dal Avion, Suite A-247 M071Ureh Deaah, CA 92629 Attention: Cheryle Dodge $ttlyicet: Appravad 11y; hVler S. Garcia, AICP Title: Senior Platuter Finn: City of Newport Beach Consultant: Hodge end Associates 24040 Canino del Avion, Suiic A-247 M61larch Beach, CA 92629 Project Address; One Big Canyon Drive Date of Proposal: JUIy 13, 2000, copy of proposal attached and on file. S 1,760.00 consultant budget change Mill the additional charges for staff review of the response to comments. Project Applicant: Big Canyon Coll �Clu Applicant Approval: Signature: Bill L i on, GiuU epresentative PLANNING TDEI'ARTMFNT BY: _ t A— T�Zenr arcia ior P ailIIer 1r:1USrRV','J 1A RROXI PLgNMM\PP.NDINGBIUC'ANYONtG°NTkA(. 7'-sup 3300 Newport Boulevard, Newport &.ach JUL-25-00 TUE 01:08 PM SNY4 LANGSTON FACSIMILE MESSAGE COVER SHEET Date July 25, 2000 Company City of Newport Beach Attention Mr. Jay Garcia City, State FAX NO, 94 J3 1087 P. 01 91 SNYDER LANGSTON Facsimile No. 949.644.3250 Verification No. From Bill Langston Project Name Big Canyon Country Club Job No. Project No. Number of Pages 2 (including cover sheet) SPECIAL NOTES TO RECEIVER: 17962 Cowan Irvine, CA 92614 (949) 863.9200 (949) a63-1087(PAX) Garcia, Jay From: Unity Messaging System - EXCHANGE2_MIS Sent: Thursday, November 02, 2000 3:52 PM To: Garcia, Jay Subject: Message from an unidentified caller t_ J VOICamessage jan chattan browr big canyon storm drain project 310-474.7793 0 • Garcia, Jay From: Sinacori, Mike Sent: Tuesday, October 10, 2000 10:38 AM To: Hoffstadt, Dick; Lockard, Dennis Cc: Temple, Patty; Garcia, Jay; Cheek, Russell Subject: RE: Bay Club Dick (and Dennis), Regarding the water system design, I am trying to schedule a meeting for this week with their Engineering and the Bay Club folks. We need to do a field meet to review exact connections. Potholing may be required on at least the Bay Shores connection. At the same time I was going to tour the wastewater system to make recommendation to them. I would guess it would be another month before we have things in order. Mike -----Original Message ----- From: Hoffstadt, Dick Sent: Tuesday, October 10, 200010:28 AM To: Lockard, Dennis; Sinacori, Mike Cc: Temple, Patty; Garcia, Jay Subject: Bay Club Jay Garcia asked me what the status of the Bay Club was with the Public Works Department. I told him that there were a lot of water issues and some sewer issues that were to be worked out but did not know the status. Can you tell me were we are with these issues. Dick 0 0 HODGE Fax:9496613791 Sep 12 '00 12:26 P.01 I-IODGE & ASSOCIATES GOVERNMENT RELATIONS & SUPPORT ENVIRONMENTAL COMMUNITY PLANNING Fax Transmittal DATE: 9 -1 a- Of-' TIME SENT: Id: a p FROM: Cher le L. Hodge, Hod a & Associates TELEPHONE: Telephone # 949 661-6488 & Fax # 949 661-3791 u A It v THIS DOCUMIENT CONTAINS �Yt PAGES INCLUDING THIS COVER PAGE HAILING ADDRESS: 24040 CAMINO DEL AVION, PMB # A247 - NIONARCH BEACH, CA 92629 OFFICE LOCATION: 9 FAIRE WINDS - LAGUNA NIGUEL - CALIFORNIA 92677 TELEPHONE (949) 661.6488 - FAX (949) 661.3791 HODGE Fax:9496613791 Sep 12 '00 12:26 P.02 RESPONSE TO COMMENTS INITIAL STUDY & MITIGATED NEGATIVE DECLARATION BIG CANYON COUNTRY CLUB STORM DRAIN IMPROVEMENT PROJECT CITY OF NEWPORT BEACH Prepared for: City of Newport Beach Planning Department 3300 Newport Boulevard Newport Beach, California 92658-8915 Prepared by: Hodge & Associates Ms. Cheryle L. Hodge 24040 Cambio del Avion, #A247 Monarch Beach, California 92629 September 2000 HODGE le:9496613791 Sep 12 '00 12:26 P.03 TABLE OF CONTENTS (To Be Completed) HODGE .Fax:9496613791 Sep 12 i 12:27 P.04 Response to Comments Initial Study & Mitigated Negative Declaration For Big Canyon Country Club Storm Drain Improvement Project Introduction This document has been prepared to respond to public comments received during the public review period on the Initial Study and Mitigated Negative Declaration (TS/MND) for the Big Canyon Country Club Storm Drain Improvement Project. The comment letters are provided in the appendix of this document. Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the City of Newport Beach is under no obligation to respond to comments received on the IS/NIND. Although there is no duty to respond to such comments, the project applicant, Big Canyon Country Club and the City of Newport Beach, has caused this document to be prepared and has done so voluntarily in order to acknowledge public input. The comments and responses are presented in this document are by comment letter. For example, each comment letter (presented in the appendix of this document) has all comments numbered (in the right side margin) and a corresponding response is provided herein. This approach was utilized so that each comment is not reiterated verbatim from each commentor's letter since the letter(s) in entirety is attached for reference. c HODGE Fax:9496613791 Sep 12 '00 12:27 P.05 Comment Letter dated Judy 10, 2000 Environmental Impact Sciences on behalf 'of, Mr. and Mrs. Klieutata I. Comment (1.1 Introduction, Page 1, Paragraphs I & 2) Response: In compliance with Section 15074(b) of the CEQA Guidelines, the City of Newport Beach will consider all written comments received on the CEQA document prior to a decision being made on the grading permit application request. 2. Comment (1.1 Introduction, Page 1, Paragraphs 3 through 5, Page 2 — Paragraphs 1 through 4) Response: The proposed project is a private initiated project. The applicant is the Big Canyon Country Club. The project requires a grading permit from the City of Newport Beach. Therefore, the grading permit is subject to review, and approval or denial from the City Building Official. In compliance with State law and City procedures, the subject grading permit request and associated CEQA documentation does not require public hearings and/or meetings be held to consider the project. Additionally, the project (grading permit/CEQA documentation) will not be subject to City Planning Commission review and/or City Council review. The City has conducted a thorough environmental review of the proposed grading permit request. A grading permit is required for the grading activities associated with the project such as the placement of fill material (dirt) in the pond and site preparation for the storm drain improvements. In addition to the City grading permit, the applicant must obtain approval of other various permits from numerous agencies prior to the commencement of grading/construction activities. For example the project will require review and approval from the U.S. Army Corps of Engineers (ACOE), California Department of Fish & Game (CDFG), the Regional Water Quality Control Board (RWQC]3) and the water district. Without approval from these governmental entities that project will not be allowed to proceed. The CEQA document (IS/MND) was provided to these agencies for review and comment and no unavoidable adverse significant impacts were identified by these agencies. The City Planning Department has determined that a Mitigated Negative Declaration is the appropriate CEQA determination for the proposed project (grading permit request). The IS/NIND disclosed information that was provided to the City by the project applicant that indicated that pond site (once filled) would potentially be utilized as a putting green area. Additional golf course improvements identified included relocation of the golf cart paths near the pond and expanding the depth of the driving range. The putting green area, increase depth of the driving range, relocation of golf cart paths etc. are allowable uses in compliance with the Big Canyon C—ountr-�-Glub Planned CommunitThe CEQA documentation disclosed these potential uses for informational purposes only. I ese uses are permitted uses and do not require any lln 4 HUIJbt fax:IJ4yM16(131 Sep 11 'UU 12:26 F.Ub discretionary permit approval beyond that previously approved in conjunction with the original plan and development of the golf course. Therefore, the project activities that are the subject of review and analyses of the CEQA document is the proposed grading permit only. The comment makes reference to the expansion of the golf course. The project does not involve any expansion of the existing golf course. Potential golf course uses of the pond area are disclosed since the project applicant provided this information to the City, however. these uses are allowed and permitted within the existing golf course property boundaries. Additionally, the project applicant indicated that algae have been a problem at the pond. The project applicant is under no obligation to provide alternative solutions for the possible algae problem. The applicant has requested a grading permit for the purposes of filling the pond and constructing associated drainage improvements. 2. Comment (1.1 Introduction, Page 1, Paragraphs 3 through 5, Page 2 — Paragraphs 4 through 6) Response: In compliance with State law and City procedures, the City has determined that the Mitigated Negative Declaration is the appropriate environmental compliance for the proposed project. Therefore, the City will not cause to be prepared an Environmental Impact Report (EIR). In aonipllauoc With 30WUH 1SO63 of llic Cr.QA duilclincn, t11c City wudu�Lud all Initial 3LuJy tv determine if the project may have a significant effect on the environment. The Initial Study checklist form and explanation discussion format meets, the requirements of the CEQA. Section 15063(d)(3) require that the entries on the initial Study checklist identifying environmental effects are briefly explained to indicate that there is some evidence to support the entries. An Initial Study may rely upon expert opinion supported by facts, technical studies or other substantial evidence to document its findings. An Initial Study is not intended nor required to include a level of detail which would provided in an EIR (I.eonoff v. Monterey County Board of Supervisors (1990) 222 Ca1.App.3d 137). The IS/NIND is not intended to be a lengthy detailed document. lei The commentor indicates that one of the reasons an EIR should be prepared is due to the highly controversial nature, the extent of deficiencies in the Initial Study, and the substantial evidence supporting a fair argument that the project will produce significant unavoidable adverse environmental effects. The City disagrees with this comment. The California Environmental Quality Act (CEQA), Public Resources Code Section 21082.2 and CEQA Guidelines Section 15064 clearly state that significant effect is based on substantial evidence, not public controversy or speculation. The existence of public controversy over the environmental effects of a project do not require preparation of an environmental impact report (EIR) if there is no substantial evidence in light of the whole record before the lead agency that the project will have a significant effect on the environment. Therefore, the City is under no requirement to consider a comment letter indicating opposition to the project as an adverse physical environmental impact requiring preparation of an 1:1& 5 HODGE Fax:9496613791 Sep 12 '00 12:29 P.07 0 • 3. Comment (1.2 Authority to Comment, Page 3) Resgoonse: Comment noted. See responses for Item 2 W above. 4. Comment (1.3 Lead Agency ,Responsibilities, Page 3) Response: The City has fulfilled its Lead Agency responsibilities in regards to the proposed project. The comment identifies [hat an example of., the City's failure to comply with its obligations under CEQA is evident by noting that project description plesci,tud in the applicant's Biological Resources Report is repeated virtually verbatim in the Checklist and again in the Initial Study. The commentor is assuming that the biological resources consultant prepared the project description. In the preparation of technical studies, it is not unusual that a project description and project construction plans be provided to the technical expert so that the project can be fully evaluated. The project description was developed based on information provided by the project applicant and City staff review of the project. The City has complied with all State laws pertaining to environmental compliance and has done so with objective independent judgement. Section 21082.1 identifies that any EIR or negative declaration prepared shall be prepared directly by, or under contract to, a public agency. The Lead Agency is required to independently review and analyze any report or declaration required by CEQA. The City has conducted a thorough environmental review of the proposed grading permit. As stated in the IS/1VI M, public documents pertaining to the subject project are available for public inspection at the offices of the City of Newport Beach. Therefore, the City has complied with State law in providing the public an opportunity to fully evaluate the project, and in no way has the public been denied access to information as indicated by the comment. Additionally, public records of other public agencies (i.e. Responsible Agencies) are subject to compliance with the Public Records Act. S. Comment (2.1 Mischaracterization of the Project, Page 4) Response: aIfl The Initial Study was prepared in compliance wit the CEQA Guidelines (Section 15063). The comment indicates that no project objectives identified in the Initial Study. There is no requirement that project objectives be identified in the Initial Study regardless of the type of project. Typically project objectives are described in situations when the project is subject to an E1R process. The project site as described in the IS/1%M is an artificial pond that is located within a natural stream. The pond was created (the size, plantings; drainage etc.) by the Big Canyon Country Club approximately ears ago. During heavy rains the pond area (as with other golf course ponds) has experienced flooding. The project is characterized as a storm drain improvement project since the water that flows through the pond now will flow through constructed pipes placed in the area of the pond. As stated in the CEQA document, the pipes will carry the water to the existing storm drain system. The pipes are to be engineered for HODGE Fax:9496613791 Sep 12 � 12:30 P.08 sufficient storm water capacity. Therefore, taking into consideration the existing condition (Le, water freely flowing through the pond with limited storm water infrastructure) the project will improve the hydrology aspect of the site. The sizing of the pipes (identified on the project plans) are subject to review and approval by the City engineer. The IS/MND appendix includes the engineering plan for the project site. As indicated earlier in this document, the project applicant is the Big Canyon Country Club. The site is located within a private golf course on private property owned by the Big Canyon Country Club. The comment (page 4, paragraphs 1 through 3) suggest that roject is a City public project due to the storm drain improvement and discuss a planning revie and process that is associated with an EIR, The engineering plan identifying the size of the war r pipes is provided in the appendix of the CEQA document. The plan is subject to review and proval by the City. Therefore, the hydrology aspect of the project is subject to review and app oval by the City. Of (c,$eJ In addition to the engineering plan included in the CEQA document appendix, a complete biological assessment was conducted and presented in the same appendix. As indicated previously in this document, the project is Qsubject to permit requirements of other public agencies. The project applicant is requiretn to obtain all required permits from regulatory agencies such as U.S. Army Corps of Engineers, California Department of Fish & Game and the Regional Water Quality Control Board. OVI The comment letter (page 5) continues emphasis p-tissue with the use of the site as a putting green area and the modification of the driving range. It appears that the comment focuses more on these uses. These uses are permitted allowable uses and are not subject to the subject permit and the associated CEQA document prepared for the proposed grading permit. Although, the City appreciates the concerns expressed in regards to these potential golf course uses, these uses are not subject to the grading permit. Therefore, the nroiect is not an expansion of the existine Wolf course. 6. Comment (2.2 Failure to Describe the Environmental Setting, Page 6) Response: The environmental setting is described in compliance with CEQA. Section 15125 (Article 9, Contents of Environmental Impact Repor(s) of the CEQA Guidelines further describes the intent and purpose of an "environmental setting". The environmental setting description includes the physical environmental conditions in the vicinity of the project as they exist at the time that the••• environmental analysis is conducted. The environmental setting provides a baseline physical conditions by which the lead agency determines whether an impact is significant. The environmental setting shall be no longer than is necessary to an understanding of the significant effects of the proposed project. The comment indicates that the operational characteristics of both the project site and the golf course are absent from the Initial Study. The site is a pond within an existing golf course. The CEQA document includes exhibits depicting the location, in addition to the engineering plan provided in the appendix of the IS/MND. The project site and surrounding area and uses are described in detail in the CEQA document. The project description includes a discussion of the site location, including water flow, surrounding area and land uses. Additionally, comments referring to the "expansion&the golf course" have been previously�ir�essed in this document. The operational character s of the golf course (i.e. number o members, the number of buckets of balls purchased for the driving range etc.) are not relevant to the proposed grading permit. In regards to the comment regarding biological resources, this issue was also previously addressed (see Response #4 & 5). j i 7. Comment (2.3 Failure to identify Physical Changes to tine Site and to Golf Course Operations, Page 7 & 8) Response: The Initial Study Checklist (page 5) under Biological Resources identifies that the project will result in a ,potentially significant impact unless mitigation is incorporated. Although, the commentor may disagree with the CEQA determination and analysis of the project, the comments do not provide any substantial evidence (expert opinion by a biologist, civil engineer etc.?) that indicates that the project has one or more significant unavoidable adverse impacts. The site has been surveyed and assessed by a biological expert, the project plan has been prepared by a civil engineering firm in addition to be reviewed internally by City staff. Section 21082.2 of CEQA clearly states that a significant effect shall be based on substantial evidence, not public controversy or speculation. Substantial evidence shall include facts, reasonable assumptions predicated upon facts. and expert npininn .enppnrt,-d by fade. In regards to the comment regarding the history of the wetland areas, see the response to Comment #6 above. The pond is not located in a habitat conservation area (neither public nor private). The pond is privately owned and located within previously approved private golf rourse_ The subject pond ie not partial mitigation for the impacts of previous projects (i.e. thr, original development of the golf course). The pond is an enhanced "water feature" of the golf course. The applicant is proposing to fill the pond and construct storm water drainage improvements beyond that which currently exist. The project applicant is required to comply with the permitting requirements of various public agencies (i.e. ACOE, CDFG, RWQCB) in addition to the City of Newport Beach. CEQA Guidelines Section 15064(i)(5) states that the mere existence of significant cumulative impacts caused by other projects alone shall not constitute substantial evidence that the proposed project's incremental effects are cumulatively considerable. Section 15063(3) of the CEQA Guidelines states that an initial study may rely upon expert opinion supported by facts, technical studies or other substantial evidence to document its findings. However, an initial study is neither intended nor required to include the level of detail included in an EIR. in the case of the subject project, the Lead Agency, City of Newport Beach, has determined that a Mitigated Negative Declaration (MND) is the appropriate environmental determination in compliance with CEQA and the CEQA Guidelines. The City's determination is based on review of the project, conducting research (i.e., land uselzoning, previous approvals associated with the golf course), site visits, engineering consultation and project plans, and an expert biological assessment. As previously stated in this document, the entire golf course property is an approved pernutted use. The subject pond is not a mitigation site for a previous project nor is it protected by any legal documentation that the City is aware exists. Any comments/issues raised relative to the potential putting green use and driving range are not 8 HODGE Fax:9496613791 Sep 12 '00 12:31 P.10 • a subject of review of the proposed grading permit. The project applicant identified these potential uses at the time of grading permit application, Also, these uses if implemented by the Big Canyon Country Club are in compliance with the land use regulations pertaining to the golf course. These golf course uses within the City approved existing golf course property do not require any formal review and/or approval by the City of Newport Beach. Therefore, in regards to impacts evaluated in the CEQA document associated with the subject permit, the City has complied with the requirements of CEQA and the CEQA Guidelines. 8. Comment (2.4 Failure to Articulate the Lead Agency's Threshold of Significance Standards, Page 8 & 9) Response: Section 15064(b) of the CEQA Guidelines states "The determination of whether a project may have a significant effect on the environment calls for careful judgment on the part of the public agency involved, based to the extent possible on scientific and factual data. An iron -clad definition of significant effect is not always possible because the significance of an activity may vary with the setting. For example, an activity which may not be significant in an urban area may be significant in a rural area.". The City of Newport Beach utilizes and complies with the requirements of the Public Resources Code (§§21000-21177), State of California and the California Code of Regulations Title 14, Chapter 3 (§§15000-15387). Each public agency is encouraged to develop and publish thresholds of significance that the agency uses in determination of significant impacts. The City of Newport Beach has not developed and published thresholds of significance, but rather complies with state laws pertaining to environmental compliance, and other legal regulatory publications (i.e. City ordinances, zoning, uniform building code, subdivision map act, endangered species act etc.), It is the discretion of each public agency as to whether to develop and adopt separate guidelines and procedures for the implementation of CEQA. As indicated in National Parks & Conservation Assoc. v. County of Riverside (1999), regulatory standards may be used as standards of significance, but lead agencies are not required to use them. Additionally, this CEQA case indicated that standards may vary depending on setting. In regards to the proposed project, the City has complied with the requirements of CEQA and has prepared a Mitigated Negative Declaration for the proposed project. 9. Comment (2.4 1 Threshold Standard for Commencement of an EIR, Page 9 & 10) Response: Section 15063(1) and 15063 (2) of the CEQA Guidelines identify that the purpose of preparing an Initial Study include: 1) Information to use as the basis for deciding whether to prepare an EIR or negative declaration, 2) Enable an applicant or lead agency to modify a project, mitigating adverse impacts before an EIR is prepared, thereby enabling the project to qualify for a negative declaration, and 3) Assist in the preparation of an EIR, if one is required, The City conducted and prepared an Initial Study and based on the review and evaluation of the project, it was determined that the appropriate CEQA determination is a Mitigated Negative Declaration. CEQA Section 21082.2 identifies that substantial evidence shall include facts, reasonable assumptions predicated upon facts, and expert opinion supported by facts. CEQA case law such HODGE Fax:9496613791 Sep 12 '00 12:32 P.11 0 0 as Association for Protection of Environmental Values in Ukiah v. City of Ukiah) make clear that mere opinion does not constitute substantial evidence. Also, speculative possibilities are not substantial evidence of environmental impact. As stated previously, the City has determined that a Mitigated Negative Declaration is the appropriate CEQA compliance for the proposed project. 10. Comment (2.4.2 Threshold of Significance Critei,4 Page 10 & 11) Response: See response to #8 and 09, The Initial Study Checklist (page 16) identifies a source list and where the documents are available for public inspection. In regards to the biological resource comments, mitigation measures were incorporated into the Mitigated Negative Declaration based on the recommendations of the biological assessment. Specifically, mitigation measures clearly state how and when the mitigation is to be implemented. Mitigation measure #3 requires that impacts to the .64 acres of wetlands be mitigated at a "no net loss" minimum ratio. As part of the permit process and regulatory agency consultation with the U.S. Army Corps of Engineers, a detailed wetland habitat plan will identify location, plantings etc. in compliance with State and Federal regulations. Also, compliance with mitigation measure #3 must occur prior to issuance of the grading permit. The comment does not provide any factual information that demonstrates that the potential biological impacts will not be mitigated. The biological assessment conducted for the project determined that the project can be mitigated as recommended. 11. Comment (2.4.3 Mandatory Findings of Significance, Page 12 through IS) Response: The Initial Study/Mitigated Negative Declaration (page 28) includes mandatory findings of significance. The City disagrees with the comment that "Since many of these mandatory threshold standards are exceeded by the proposed project, the Lead Agency is obligated to immediately commence the preparation of an EIR addressing the proposed project". As stated previously, the conclusion of the biological assessment identified that project related impacts can be mitigated. Trees can and will be relocated and wetlands will be mitigated so that a "no net loss" will be provided for the impact to the,.64 acres of wetland. The City acknowledges the information provided regarding wetlands nationwide. However, it is the expert biological evaluation of the subject site that the City has accepted for the proposed project. Also, the project applicant is required to comply with state and federal (Le, ACOE) regulations pertaining to the biological resources of the pond. The pond is not in a designated state or federally protected habitat area. The pond is located within an existing private golf course in a developed urbanized area of the City. The pond area experiences on -going operations of the golf course and adjacent residential development including human intrusion, noise, etc, that is common in an urban developed area. The condition of the pond (i.e. plantings, algae removal etc.) is a result of the efforts of the private golf course club. Although the commentor may disagree with the City's analysis and conclusions presented in the Mitigated Negative Declaration, the City has relied on expert factual information and consultation with affected public agencies. 10 HODGE Fax:9496613791 Sep 12 '00 12:33 P.12 • • 12. Comment (2.5 Failure to Address the Project's Cumulative Impacts, Page IS and 16) Response: The Initial Study/Mitigated Negative Declaration (page 28) includes mandatory findings of significance, including cumulative impacts. The project is located in an existing developed private golf course. The pond was artificially created within an existing stream. The project applicant has requested City approval of a grading permit to fill the pond and construct associated storm drain improvements. As previously stated in this document, the entire golf course property is an approved permitted use. The subject pond is not a mitigation site for a previous project nor is it protected by any legal documentation that the City is aware exists. Any commems/issues raised relative to the potential putting green use and driving range are not AINi-. t of review of the proposed grading permit. The project applicant identified these yuneutial uses at the time of grading permit application. Also, these uses if implemented by the Big Canyon Country Club are in compliance with the land use regulations pertaining to the golf course. These golf course uses within the City approved existing golf course property do not require any formal review and/or approval by the City of Newport Beach. Therefore, in regards to impacts evaluated in the CEQA document for project, the City has complied with the requirements of CEQA and the CEQA Guidelines. Comments regarding the wetlands have been previously addressed in this document (see response #7, 10 & 11). In regards to the associated storm drain improvements, the storm drain is being installed to accommodate the flow of storm water. It is not the intent of the storm drain pipes to accommodate additional growth and/or development. The operational characteristics of the project have been addressed in Response #6. The project does not propose any increase in golf course operational capacity from that previously approved. The subject property is already located within an approved existing private golf course. The pond is located near the existing club house, golf cart paths and the driving range. The site is near existing residential development that was master planned adjacent to the active golf course. Therefore, it is not unusual nor unreasonable to conclude that the residential development may experience typical characteristics of a golf course (i.e. putting greens, driving range, golf cart paths, golf players, noise, stray golf balls, views of golf greens and/or ponds, etc,). 13. Comment (2.6 Failure to Conduct Independent Review and Demonstrate Independent Judgement, Page 16 through 17) Response: See response to #4. The City has the right to review, evaluate, accept and/or reject project information (i.e. studies, project plans, etc.) that's provided to the City. Regardless, if Psomas was under contract to the applicant or the City, is not relevant. The City has complied with the requirements of CEQA and the CEQA Guidelines in all aspects of the proposed project. The document cover of the Draft Initial Study/Mtigated Declaration identified the names of the person or persons who prepared and participated in the initial study. As indicated previously in this document, per §21082.1 of the CEQA, any EIR, or negative declaration prepared shall be prepared directly by, or under contract to, a public agency, In contracting for professional services, the City makes a qualifications -based section of a consultant to prepare studies. The 11 HODGE Fax:9496613791 Sep 12 100 12:34 P.13 • • City has conducted a thorough independent review of the project in compliance with CEQA and the CEQA Guidelines. The IS/MND published for public review represents the City's review, evaluation and environmental determination for the project. Information pertaining to any reports prepared by consulting firms and/or directly by City staff etc. are on file at the City of Newport Beach as indicated in the IS/MND. In regards to consultation with responsible agencies, various agencies (i.e. ACOE, CDFG, USFWS etc.) have been contacted regarding the project. Consultation information (Le. comments etc.) are on file at the City of Newport Beach. In regards to the Coastal Commission, the project site is not located within the coastal zone. Although, the Coastal Commission does not have a discretionary role in the project, the Coastal Commission was provided a copy of the draft IS/MND for review and comment. In compliance with CEQA and the CEQA Guidelines, the draft IS/MND was sent (via Federal Express) to the State of California, State Clearinghouse. Office of Planning & Research (OPR). Acknowledge of receipt of the ISININD from the OPR is on file at the City of Newport Beach. The Notice of Intent (NOI) to Adopt a Mitigated Negative Declaration for the project was filed/posted at the Office of the Orange County Clerk -Recorder on May 26, 2000. The filed/posted copy of the NOI is on file at the City in addition to a confirmation memorandum from the Clerk -Recorder. The NOI was also posted at and the nearby (at the intersection of Big Canyon Drive and San Joaquin Hills Road) project site on May 27, 2000. Proof of the project site notice (NOI) posting is also on file at the City of Newport Beach. 12 :9496613791 Sep 12 '00 12:34 P.14 APPENDIX Written Comment Letters 0 CHATTEN-BROWN AND ASSOCIATES 10951 WEST PICO BOULEVARD TELEPHONE:(310) 474-7793 THIRD FLOOR FACSIMILE: (310) 474-8504 LOS ANGELES, CALIFORNIA 90064 E-MAIL: CHATTEN-BROWN QGREENCOURT.ORG RECEIVED BY September 2000 PLANNING DEPARTMENT p CITY OF NEWPORT REACH SEP 0 8 2000 Javier S. Garcia 7i0PM i9110i11i1�)1i2131416 6 Senior Planner City of Newport Beach - Planning Dept. 3300 Newport Boulevard Newport Beach, CA 92663-3816 Re: Big Canyon Country Club Project to Fill Existing Lake Dear Mr. Garcia: Enclosed please find a check for $6.62 for photocopying and postage for the comment letters, other than that of Environmental Impact'Sciences, which I already have. As indicated, this"firm has been retained by the Kliemans with regard to the environmental impacts of this project. It is our opinion that the project requires reparation of an Environmental Impact Report ("EIR") for a variety of reasons. Even in the'face of contrary evidence, an EIR is required "when it can be `fairly argued' that the project may have a significant impact." Friends of B Street v. Cit of f Hai (1980) 106 Ca1.App.3d 988, 1001. Any doubts about whether an EIR is required are to be resolved "in favor of environmental review when the question is whether any such review is warranted." League for Protection v. City of Oakland (1997) 52 Cal.App.41h 896, 905. Such evidence exists here, as is. 'set forth in detail in the comments submitted by Environmental Impact Sciences. In particular, we believe there is substantial evidence to support a fair argument that impacts may be significant, including but not limited to: aesthetics; dust and traffic during the fill operations; noise both during construction and from the golf course impacting residents and wildlife; wildlife, including the endangered Black Crowned Night Heron; public safety hazards caused by changes in the hydrology of the waters that are part of a natural stream; and water quality. So that we may be-assuredthat the Kliemans have fully exhausted any administrative remedies, please promptly -provide us with a response to the continents. Also, please forward a copy of the file stamped Notice of Determination for the Mitigated Javier S. Garcia September 2, 2000 Page two Negative Declaration ("MND") if the project is approved based upon a MND. Should you have any questions or comments, please do not hesitate to contact me. Sincerely, Jan Chatten-Brown cc: Dr. and Ms. Klieman Alan Kessel Encl. JCB/mm F.\F1LCS\KHcman\gawia.wpd • Garcia, Jay From: Bludau, Homer Sent: Wednesday, August 23, 2000 2:04 PM To: Garcia, Jay Cc: Temple, Patty Subject: Big Canyon Lake Drainage Jay, I want to be involved in the meeting with our EIR consultant on this project, so I take it, the meeting has not occurred yet. Please let me know when it will occur, so I can put it on my calendar. Thanks. 1 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 PLANNING DEPARTMENT (949) 644-3200 July 25, 2000 VIA FAX AND MAIL Big Canyon Country Club I Big Canyon Drive Newport Beach, CA 92663 Attention: Bill Langston Subject: Environmental Study for the Big Canyon Storm Drain Project One Big Canyon Drive Dear Mr. Langston: Enclosed please find a copy of a proposal submitted by Hodge Associates Consulting regarding the preparation of Response to Comments to the Draft Initial Study/Negative Declaration for the proposed Storm Drain Project located at One Big Canyon Drive. The proposal contains an outline of the required work, schedule of time, and estimated fee required for preparation of the task. I have also included fees for staff time to meet with the consultant and review the response to comments and final preparation of the Final Negative Declaration Document. The requested Consultant fees have been reviewed by the City and are considered appropriate and warranted. The fees are as follows. Consultant Fees $ 1,560.00 City Fees (Supplmt)' $ 200.00 Total Request: $ 1,760.00 Please submit a check in the amount of $ 1,760.00 payable to the City of Newport Beach and sign and return the enclosed authorization. Your prompt response in this matter is appreciated. s Sincerely, PATRICIA L. TEMPLE, Planning Director BY 6 Javier S. Garcia, MCP Senior Planner attachment: Copy of Supplemental Consultant Proposal Contract Authorization F:\...\SHARED\I PLANCOM\PENDING\OC-EQUMEPK\CONSCOSTSUP 'The City Fees include an initial deposit with draws based on City Staff time at a loaded hourly rate. The applicant will be billed for additional deposits ($100.00 increments) when the City Fee's balance reaches $100.00 3300 Newport Boulevard, Newport Beach HODGE Fax:9496613791 Jul 13 '00 17:13 P.02 no' GE ANO ABBOCIATE6 July J3, 2000 Mr. Jay Garcia, Planning Department City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92658-8915 SUBJECT: Proposed Big Canyon Country Club Storm Drain Improvement Project, Newport Beach - Hodge & Associates Proposal for Response to Comments Document for the Initial Study/Mitigated Negative Declaration. Dear Mr. Garcia: Hodge and Associates is pleased to present you with this proposal for environmental consultant services. The following briefly describes the scope of services to be provided to the City of Newport Beach. Seoge of Services The following tasks are included in the scope of services included in this proposal: • Review and analysis of all public written comments submitted to the City of Newport Beach through July 10, 2000 on the draft Initial Study/Mitigated Negative Declaration prepared for the Big Canyon Country Club Storm Drain Improvement Project • Research and analysis (i.e. air duality comments etc.) for preparation of Response to Comments Document • Consultation with City staff • Preparation of draft Response to Comments Document to be submitted to City staff for review • Preparation of Final Initial Study/Mitigated Negative Declaration including the Response to Comments Document Schedule Hodge & Associates is available to start. work immediately upon receipt of written authorization to proceed. The first draft of the CRQA Response to Comments document would be submitted to the City within 1 week from the date of authorization to start work. The ability to meet this schedule will depend on response to requests for information and/or material from the City staff and/or applicant. 24040 CAMINO DEL AVION • SUITE A•247 • MONARCH BEACH, CA 92629 • TEL. 949/661.6488 • FAX: 949/661-3791 HODGE Fax:9496613791 Jul 13 '00 17:14 P.03 • • Mr. Jay Garcia, Planning Department City of Newport Beach Big Canyon Country Club Storm Drain Improvement Project July 13, 2000 Page Two Cost Estimate Hodge and Associates proposal is for time and materials in accordance with the attached Schedule Of Fees and general conditions thereto. Reimbursable expenses such as printing, graphics, word processing, delivery are billed at cost. Our estimate for the total costs for the services presented in this proposal is $1,560,00. This amount includes up to 16 hours of professional planning services at our hourly rate of $85.00 and approximately $200.00 budgeted for reimbursement expenses. This proposal shall be considered valid for an authorization date uD to October 13.2000. Thank you in advance for your consideration of our proposal. Should you have any questions, please call me at (949) 661-6488. Sincerely, Cheryle L. Hodge HODGE AND ASSOCIATES Attachment: Hodge & Associates — Schedule of Fees & General Conditions 3 HODGE Fax:9496613791 Jul 13 '00 17:15 P • • HODGE & ASSOCIATES SCHEDULE OF FEES & GENERAL CONDITIONS 2000 Billing rates are subject to revision effective January t of each year Classification Firm Principal GENERAL CONDITIONS Hourly Rates $85.00 Hourly rates apply to work time as well as travel time which occur at public hearings and scheduled meetings. 2. Travel, reproduction and supplies outside of a scope of work are billed at cost plus 10%, 3. Auto mileage will be billed at $0.32%a cents per mile. 4. Billing invoices will be submitted monthly for work in progress or upon completion of work. All invoices are payable within thirty (30) days of the invoice date. Any invoice unpaid after thirty (30) days wiI I be subject tointerest at 1-1/2% per month, 18% per year. If client fails to pay consultant within sixty (60) days after invoice is rendered, client agrees consultant shall have the right to consider such default in payment a material breach of their entire agreement, and, upon written notice, the duties, obligations, andresponsibilities of consultant under this agreement are suspended. 5. Client hereby agrees that the balance in a billing invoice is correct and binding unless the client notifies the consultant in writing within ten (10) days of the date of the billing and informs consultant of alleged incorrect billing, 6. Consultant makes no warranty as to his/her finding, except that the work is performed using generally accepted methods. Consultant makes no warranty that the project will be approved by any governmental agency, nor endorsed by any citizens group. Page 1 of 2 HODGE �:9496613791 Jul 13 '17:15 s I;;ODGE & ASSOCIATES SCHEDULE OF FEES & GENERAL CONDITIONS 8. All documents produced as a result of this agreement shall remain the property of the consultant and may not be used by the client without consent from the consultant unless they become part of the public record. 9. The client agrees to limit the consultant's liability to the client, because of professional negligent acts, errors, or omissions by the consultant, to the consultant's fee. 10. Any controversy or claim arising out of orrelating to this contractor the breach thereof shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and j udgement upon the award rendered by the arbitration maybe entered in any court having jurisdiction thereof. In the event either party commences legal action to enforce this Agreement of the General Conditions, the prevailing party shall be entitled to recover its reasonable attorney's fees and costs incurred in the action, in addition to all other relief to which the prevailing party is entitled. 11. In the event of a mid -phase contract suspension, billings will be prorated,to reflect tasks in prugicss, except where a task was completed early, in which case it will be billed as if the task were complete. Page 2 of 2 July 25, 2000 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 PLANNING DEPARTMENT (949) 644-3200 VIA FAX AND MAIL Hodge and Associates 24040 Camino del Avion, Suite A-247 Monarch Beach, CA 92629 Attention: Cheryle Hodge Subject: Environmental Study for the Environmental Study for the BigCanyon Storm Drain ProiectStorm Drain Proiect One Bie Canvon Drive CONTRACT APPROVAL: Approved By: Javier S. Garcia, AICP Title: Senior Planner Firm: City of Newport Beach Consultant: Hodge and Associates 24040 Camino del Avion, Suite A-247 Monarch Beach, CA 92629 Project Address: One Big Canyon Drive Date of Proposal: July 13, 2000, copy of proposal attached and on file. $ 1,760.00 consultant budget change with the additional charges for staff review of the response to comments. a Project Applicant: Big Canyon Country Club Applicant Approval: Signature: Bill Langston, Club Representative PLANNING DEPARTMENT BY: Javier barcia AIC , Senior Planner FAUSERS\SHAREDU PLANCOM\PENDING\BIGCANYON\CONTRACT-sup 3300 Newport Boulevard, Newport Beach 0 0 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 BUILDING DEPARTMENT - (949) 644-3288 FEE RECEIPT Date '7 2i�t✓� Plan Check Received By: l i( VL l :04 l ,Z Vl V -1 V 3 1 fp (... a fi H-".4 Received From Yob Addres Building Plan Check.....................................................................2900-5002 Zoning Plan Check (Architectural)...............................................2700-5003 Zoning Plan Check (Grading)......................................................2700-5003 Grading Plan Check - Cu. Yds...................................................... 2900-5004 Fire Plan Check.............................................................................2330-5055 ElectricPlan Check.......................................................................2900-4612 Plumbing Plan Check....................................................................2900-4616 Mechanical Plan Check.................................................................$900-4618 Overtime Plan Check - Building...................................................2900-5023 Overtime Plan Check - Grading...................................................2900-5004 Overtime Plan Check - Planning..................................................2700-5003 Preliminary Code Compliance Review.........................................2900-5002 Reinspection B E H P/Special Inspection.....................................2900-5008 Reinspection Fire..........................................................................2330-5050 Temporary Electric..........................................tt�yy.. ...................... 900-4612 Temporary Gas ............................ f`A�d .................. 900-4616 Temporary Certificate of Occup cy..................... 900-5008 Underground Utilities Waiver..... . 010-2225 Grease Interceptor ........................................... ...... 2900-4620 Planning Department Fees........ CITY U.NEWPO.fjIBEACH. 2700.5000 Sale of Maps & Publications.........................................................2700-5812 Determination of Unreasonable Hardship...................................29`00-5018 Microfilm Copies/Photocopies....t....................................................010-2263 Other (Specify) .M �..`DWA. .........�'1(i0 Soo a TOTAL FEES Fee Receipt No. NOTICE: PLAN CHECK EXPIRES 180 DAYS FROM DATE OF SUBMITTAL (f\feercpt.198) 3300 Newport Boulevard, Newport Beach L7 July 12, 2000 Mr. Homer Bludau City Manager 3300 Newport Blvd. Newport Beach Ca 92660 Dear Mr. Bludau, I spoke to you several months ago regarding a landfill of a lake in Big Carryon Country Club. Since we spoke, my attorney found language in the Corporate Grant Deed issued to all homeowners in Big Canyon, that the "lakes on the driving range should not be altered or tampered with unless prior approval is granted by the Homeowner's Association." Our Homeowner's Association sent a letter to the club stating their disapproval and opposition to the filing of the lake. Big Canyon C.C. has disregarded the covenants and laws of the deed, and is still planning the landfill and the total destruction of a wildlife habitat. We hired an environmental consultant to conduct a study of the impact the landfill will have to this environment. The following document includes his findings. Please read the Endings and address the concerns of the study and contact me if you have any questions regarding this matter, or if you would personally like to see the site. I plan on sending the findings to the Dept. of Fish and Game, the Army Corps of Engineers, Wetlands Action Project, Defend the Bay, and (range County Coast Keeper. Thank you for your time, and I look forward to hearing from you. incerely, Mrs. Candace Kliemane� 21 Lochmeot Lane Newport Beach 949 644 9546 82% Garcia, Jay From: Sinacori, Mike Sent: Tuesday, July 11, 2000 5:56 PM To: Garcia, Jay Cc: Davidson, Eldon; Hoffstadt, Dick Subject: Big Canyon Country Club - Storm Drain Improvement Project (Lake Filling) - Comments to Draft Negative Declaration Jay, Here our some comments that need to be incorporated: 1. Section XIII. Public Services. Potentially Significant Impact" should be checked at the Other Public Facilities box. The existing City sewer mains that cross under the proposed storm drains and lake filling will not survive the constrution. They need to be relocated to a more normal depth above the proposed strom drains. The engineer has planned on doing this, but it should be recorded as a comment in the Neg. Dec. Also, they need to gain approval from the Orange County Sanitation District regarding thier 50 foot deep sewer that runs through the area. OCSD may want to reconstruct thier main to a more normal depth if the area is going to be torn up anyway. 2. Section XVI. Utilities and Service Systems. "Potentially Significant Impact" should be checked under b) for the same reasons as above. We have requested a meeting with BCCC, OCSD and the City to discuss the impacts to the wastewater system, but since the project is somewhat on hold, I don't think BCCC is pushing to meet. Mike • C� Garcia, Jay From: Unity Messaging System - EXCHANGE2_MIS Sent: Tuesday, July 11, 2000 7:15 AM To: Garcia, Jay Subject: Message from an unidentified caller Jennifer Kurlak 714-481-8018 714-545-8883fax JUL-10-00 1G=12 FROM: ID= FAX, ORANGE COUNTY SANITATION DISTRICT TO: J,7liq C P&O- � t it i Q-tp COMPANY: (1174 cc - FROM: QCS� DATE: `I _ l�Z����� SUBJECT: `1+�- ,q=—, PAGES: including this cover sheet MESSAGE: FAX NO.: PAGE 1/2 FAX NO.: (714) 962-5018 TIME: If you do not receive the number of pages indicated, please call (714) 593 extension n1 Qn - on Pm. 9197 . F:hIM1AIA VAH1 11 r1A Q979R-R197 . r7141 Q99_9411 Garcia, Jay From: Unity Messaging System - EXCHANGE2_MIS Sent: Monday, July 10, 2000 4:05 PM To: Garcia, Jay Subject: Message from an unidentified caller Jan OC Sanitation MND for Big Canyon Country Club Storm Drain Project. 714-593-7309 JORANGE COUNTY SANITATIR DISTRICT N F July 10, 2000 phon8: Jay Garcia, AICP 149 962.2411 Senior Planner lung address: Community and Economic Development :a. Ball e,CA of Newport Beach City p min Valley, CA 2728-8127 Newport Beach, CA 92658-8915 bat address: 4 Fills Avenue SUBJECT: Draft Initial Study & Mitigated Negative Declaration for the Big rein valley, CA $2708.7016 Canyon Country Club Storm Drain Improvement Project Member Agencies • Cities Anaheim Brea Buena Perk Cypress buntam Valley Fullerton Garden Grove tpipgton Beech Irvine Le Habra La Palma 'Los Alamitos ewport Beach Orange Placentia Santa Ana Seal Beach Stanton Tustin Ville Park Yorba Linda ikv of Orange r t'y Districts —Ocsta Mess Midway city toe Districts :Jrvine Ranch This is in response to the City of Newport Beach's Draft Initial Study and Mitigated Negative Declaration for the above referenced project. The proposed project involves placement of fill materials within an existing artificial pond approximately 28,000 square feet in size and construction of associated improvements, including drainage pipes connecting to existing storm drains, removal and construction of golf cart paths, adjustment of manholes to grade, and relocation of an existing water line. The area is within the jurisdiction of the Orange County Sanitation District (District). Specifically, the project is located directly above the District's easement containing the 15-inch diameter Big Canyon Trunk Sewer. The proposed project would construct two 78-inch drain lines near the District's sewer and would significantly increase the depth of soil fill above the pipe. These issues are not discussed in Section XIH, Public Services, in the Negative Declaration, and will require close coordination with the District during design and construction. This project should be closely coordinated with Mark Tomko of the District's En ' Bring Department staff. Mark can be reached at (714)-593-7339. David A. Ludwin Director of Engineering DAL:JDH:jo H:1wp.dtalenglEl RS120001blgcynfill.doc RECEIVED BY PLAN FI NG DEEP pRTM EN CITY n rEACH AM JUL 13 2000 PM 'To Protect the Public Health and the Environment through Excellence in Wastewater Systems" • • STATE OF CALIFORNIA • p°Irw ` A Governor's Office of Planning and Research State Clearinghouse `� a ''' Gray Davis Steve Nissen GOVERNOR ACTING DIRECTOR July 7, 2000 Jay Garcia City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658-8915 Subject: Big Canyon Country Club Storm Drain Project SCH#: 2000051118 Dear Jay Garcia: The enclosed comment (s) on your Negative Declaration was (were) received by the State Clearinghouse after the end of the state review period, which closed on June 26, 2000. We are forwarding these comments to you because they provide information or raise issues that should be addressed in your fmal environmental document. The California Environmental Quality Act does not require Lead Agencies'to respond to late comments. However, we encourage you to incorporate these additional comments into your final environmental document and to consider them prior to taking final action on the proposed project. Please contact the State Clearinghouse at (916) 445-0613 if you have any questions conceming the environmental review process. If you have a question regarding the above -named project, please refer to the eight -digit State Clearinghouse number (2000051118) when contacting this office. Sincerely, Terry Roberts Senior Planner, State Clearinghouse Enclosures cc: Resources Agency RECEIVED BY PLANNING DEPARTMENT CITY 0p Nprl 'cnRT TEACH AM JUL 13 2000 PM 71819 110 111112,112,3141616 t. 1400 TENTH STREET P.O. BOX 3044 SACRAMENTO, CALIFORNIA 95812-3044 916-445-0613 FAX 916-323-3o18 N V.OPR.CA.GOV/CLEARINGHOUSE.HTML DEPARTMENT OF TRANSPORTATION DISTRICT 12 3347 Michelson Drive Suite 100 Irvine, CA. 92612-0661 June 22, 2000 Javier S. Garcia, Senior Planner City of Newport Beach 3300 Newport Boulevard . Newport Beach, CA 92663 Subject: Big Canyon Country Club Storm Drain Project Dear Mr. Garcia, l�.�y' V . W 1ala to File: IGR/CEQA SCH#: 20000511It, Log #: 740 Thank you for the opportunity to review and comment on the Draft Initial Study/Mitigated' Negative Declaration on the Big Canyon Country Club Storm Drain Project. The project site is located on 1 Big Canyon Drive within the Country Club golf course: The project involves the placement of fill materials within an existing artificial pond and construction of associated improvements. Caltrans District 12 status is a reviewing agency on this project and has no comments at this time. Please continue to keep us informed of this project and other future developments, which could potentially impact our Transportation facilities. If you have any questions or need to contact us please do not hesitate to call Maryam Molavi at (949) 724-2267. Sincerely, Robert F. J eph, Chi f Advanced Planning Branch cc: Terry Roberts,, OPR Ron Helgeson, HDQRTRS Planning DEPARTMENT OF FISH AND GAME' South Coast Region 4949 Viewridge Avenue San Diego, California 92123 (858) 467-4201 FAX (858) 467-4235 June 26, 2000 Mr. Javier S. Garcia City of Newport Beach Planning Department 3300 Newport Boulevard Newport Beach, California 92658-8915 Comments on the Draft Initial Study and Proposed Mu Leu i.eguuvo „dams Aawu AV. Big Canyon Country Club Storm Drain Improvement Project City of Newport Beach, Orange County The Department of Fish and Game (Department), has reviewed the Draft Initial Study slid proposed Mitigated Negative Declaration (MAID) for impacts to biological resources. The proposed project includes the filling of an existing artificial pond and improvements to existing storm drains, underground/surface pipes, removal/construction of golf cart paths, adjustment of manholes to grade, and the relocation of an existing wafer line. In addition, the removal of existing trees, cattails and bulrushes are apart of the proposed Big Canyon project. The proposed project is located at 1 Big Canyon Drive within the Big Canyon Country Club Golf Course in the City of Newport Beach (City). The following statements and comments have been prepared pursuant to the Department's authority as Trustee Agency with jurisdiction over natural resources affebted by the project under the California Environmental Quality Act (CEQA) Section 15386 and pursuant to our authority as a Responsible Agency under CEQA Section 15381 over those aspects of the proposed project that come under the purview of the California Endangered Species Act (CESA, Fish and Game Code Section 2050 et seq) and Fish and Game Code Section 1600 et seq. Impacts to Riparian Resources 1. The proposed project will require a Streambed Alteration Agreement (SAA) between the Operator and the Department pursuant to Fish and Game Code 1603. The Department's' issuance of an SAA is for a -project that is subject to CEQA. To facilitate our review for consideration of issuance of any agreement associated with the proposed project, the Department, as a Responsible Agency under CEQA, may consider the local jurisdiction's (lead agency) document for the project. To•minimi7e additional requirements by the Department under CEQA, the Draft Initial Study & Mitigated Negative Declaration must. fully identify the potential impacts to the stream or riparian resources and provide . adequate avoidance, mitigation, monitoring and reporting commitments for issuance of the agreement. Project modifications may be required to avoid or reduce impacts to fish and wildlife resources. The Draft Initial Study & Mitigated Negative Declaration fails to provide the level of detail necessary for the Department to consider issuing an SAA at .Javier S. Garcia - ,Tune 26,-„' t i ' paga.afi,' i "' t`,. �. •. srii i} lthistime. , i Imgc s'. �o Ot4�r,13►•glpcSp , ces and`Mitiggtgn lylcsures 1. •( T.N At ' rd a MND, the project includes the filling of an existing artificial pond and i "rovempnts t>o existing storm drains, uodergroumdlsurface pipes, removal/construetion of golf cart paths, adjustment of manholes to grade, and the relocation of an existing water line. 'In addition, the removal of existing trees, cattails and bulrushes are a part of the proposed Big Canyon project and will result in a permanent' degradation of habitat for numerous plant/animal species—inoluding the black -crowned night heron (Nycticoraz jo cdcorax, heron) and yellow warbler (Dendroica petechia, a California Species of Special Concern). Removal of trees will result in the loss of eggs, nestlings and/or fledglings of the night heron. Significant impacts to riparian resources NM are proposedto be mitigated to -achieve "no -net -loss." A. The Department recommends avoidance of construction activities during the aviamne4ting seasom(gene,rally from M=L l" through.!-lugvg 31:'), hnpaots.tn nesting birds and their eggs are unlawful pursuant to Fish and Game Code 3503 as well as the Migratory, Bird Act. Final impact avoidance and mitigation measures for the heron and other species as well as associated riparian vegetation will be determined during consultation with the Department's Environmental Specialist for issuance of a Streambed Alteration Agreement. B. Due of reduction of suitable habitat and both localized- and statewide population declines, any State and/or Federal Species of Concern may be regarded as endangered, threatened or rare by the Department -for purposes of CEQA compliance (CEQA Section 15380). The Department recommends that consideration be given to avoid "take" and other adverse impacts to the species and/or their habitat. Unavoidable impacts to sensitive species should be minimized and mitigated fully. In conclusion, the Department recommends that the above concerns be addressed before lead agency, approval of the final' Mitigated Negative Declaration. Please contact Ms. Leslie MacNair at (949) 583-0943 to discuss this further. Sincerely, William'F. Tippets Habitat Conservation Supervisor Javier ..Garcia JuA- 26, 2000` Page 3 cc: Department of Fish and Game File U.S. Fish and Wildlife Service U.S. Axmy Corps of Engineers State Clearinghouse .' California Rdkional Water Quality 1Wntrol Board Winston H. Hickox Secretaryfor EnvirVnM rtar Prokwm June 30, 2000 Santa Ana Region Internet Address: "nPJ/wwwswrcb.eiBovhwgcb8 3737 Main Street, Suite500, Riverside, Califomia 92501-3348 Phone (909) 7824130 - FAX (909) 781.6288 I& Jay Garcia Senior Planner City. of Newport Beach Planning Department • 3300 Newport Boulevard _ JUL 3 2000 D STATE CLEARINGHOUSE ' RESPONSE TO THE NOTICE. OF • COMPLETION FOR THE . •NEGATIVE' DECLARATION OF THE BIG CANYON COUNTRY CLUB STORM DRAIN PROJECT (SCH #2000051114 CITY OF NEWPORT BEACH Dear Mr. Garcia: Staff of the Regional Water Quality Control Board, Santa Ana Region (RWQCB), have reviewed the Notice Of Completion for the above referenced project.. The Notice of intent for this same project was received on June 01, 2000. We request a,30-day review period to submit our comments to insure a response back. 1. The 0.64 acres of the existing artificial pond proposed to be filled is located along a blue. -line strearu and is therefore considered a "Waters of the United States` . RWQCB personnel have determined that this project will require coverage under Section.401 of the Clean Water -Act, water quality certification for dredge and fill operations. Please contact Kelly Schmoker (909) 782-4990 with the Regional Board's Planning Section to further discuss your project. 2. The proposed project intends to disturb approximately 0.64 acres of state and federal wetlands and 0.03 acres of adjoining non -wetland area. Compliance with the California Department of Fish and Game and the U. S. Army Corps of Engineers regulations may be required. 3. Dewatering during construction at the site will require either a National Pollutant Discharge Elimination System (NPDES) permit for the discharge of wastes -to surface waters or a Waste Discharge Requirements (WDR) permit for the discharge of wastes-to,land, be obtained,from the Regional Board. Gary Stewart with the Regional, Board's Regulation Section maybe contacted to discuss your project. 4. Impacts and removal of habitat and vegetation should be discussed and mitigated for. California Environmental Protection Agency 2d Recyded Paper Mir. Jay Garcia June 30, 2000 City of Newport Beach Planning Department - 2 - 5. The use of native vegetation in replanting and hydroseediug operations has been found to be protective for slope soil retention, helps filter and clean runoff, maintains habitat for native animal species, and other water quality benefits. Therefore, we recommend that native vegetation be utilized as much as possible. 6. Mitigation• for the loss of the wetland pond values (e.g. captures first flush from rainstorms, roosting sites for birds) should be addressed. -7. _Appropriate best management practices (BMPs)• should be -developed and implemented duringr 1- ,.....F....1 Fl.e A9 Alnrbn of pollutants, prevent sewage spills, and to avoid tracking of sediments into the streets, storm water conveyance channels, or waterways. 8. Controls for soil characteristics related to water quality (potential for erosion and subsequent siltation, increase or decrease in percolation) and impacts of toxic substances handling and/or disposal (if appropriate) should be addressed 9. • No waste material should be discharged'to any drainage areas, channels or streams. Spoil sites should not be, located within any streams or areas where spoil material could be washed in a waterbody. 10. Construction equipment should not be stored within the streambeds. Fueling,. lubrication or maintenance should not be located within any streams or areas where contaminants could be washed into a waterbody. if you have any questions, please call'me at (909) 782-4468 or you may contact Stephanie M. Gasca at (909) 782-3221. Sincerely, Wanda Smith, Chief Planning Section— Coastal Waters cc: Scott Morgan,-- State Clearinghouse Susan Sturges —U.S. Army Corps of Engineers, Los Angeles Branch Terri Dickerson — California Department of Fish and Game, Long Beach Branch California Environmental Protection Agency ,�. a Reg6ded Paper Gary L. Granville Orange County Clerk -Recorder P.O. Box 238 'Santa Ana, Ca 92702 _ (714)834-4625 OFFICE OF THE ORANGE COUNTY CLERK -RECORDER Memorandum SUBJECT: Environmental Impact Reports - Amendment of "Public Resources Code, Section 21092.3" .5'Zlo Qd The attached Negative Declaration was received, filed and a copy was posted on It remained posted for 20 (twenty) calendar days. Gary L. Granville County Clerk -Recorder of Pe State of California in and for the County of range By: \ — / V l/ - — Deputy The notices required pursuant to Sections 21080.4 and 21092 for an environmental impact repo shall be posted in the office of the County Clerk of each county *** in which the project will be located and shall remain posted for a period of 30 days. The notice requiredpursuant to Sectign 21092 for a negative declaration shall be so posted for a period of 20 dM unless otherwise required by law to be posted for 30 days. The County Clerk shall post notices within 24 hours of receipt. t0 All notices filed pursuant to this section shall be available for public inspection, and shall be posted *** within 24 hours of receipt in the office of the County Clerk. Each notice shall remain posted for a period of 30 days. ***Thereafter, the clerk shall return the notice to the local lead agency ***within a notation of the period it was posted. The local lead agency shall retain the notice for not less than nine months. Additions or changes by underline; deletions by *** (a:\eir\eir20dy) RECEIVED BY CITY nFINGtDpP ARTREA% H ,II II. 0 3 2000 PM Ah9 ?Ig1911011111��]11213141516 &ITY OF NEWPORT BEACH p 0 S T E NOTICE OF INTENT TO ADOPT A MAY 2 6 2000 4 ` MITIGATED NEGATIVE DECLARATION GARY L. G VILLE, Clerk -Recorder — BY---�e�____ DEPUTY NOTICE IS HEREBY GIVEN that the City of Newport Beach, has prepared an Initial Study/Mitigated Negative Declaration pursuant to the California Environmental Quality Act for the proposed project described below. The Draft Initial Study has determined that if the proposed conditions and mitigation measures are applied to the project there will not be a significant effect on the environment. The City therefore intends to adopt a Mitigated Negative Declaration. Project Name: Big Canyon Country Club Storm Drain Project Project Location: The site is located at 1 Big Canyon Drive within the Big Canyon Country Club golf course in the City of Newport Beach. Project Proponent: Big Canyon Country Club 1 Big Canyon Drive Newport Beach, CA 92663 Public Review Period: May 26, 2000 to June 26, 2000 Project Description: The application is a request to permit the approval of a Grading Permit for the Big Canyon Storm Drain project. The project involves the placement of fill materials within an existing artificial pond approximately 28,000 square feet in size,and construction of associated improvements. Improvements include drainage pipes underground and above the surface that will connect to the existing storm drains, removal and construction of golf cart paths, adjustment of manholes to grade, and relocation of an existing water line: The pond, once filled, will be landscaped and replaced with a putting green to compliment the existing golf course uses and the depth of the driving range expanded to provide additional distance. Opportunities for Public Review: Interested person are invited to review the Draft Mitigated Negative Declaration, including studies and/or exhibits relating to the proposed project, and submit comments. The City of Newport Beach prior to final action on the proposed project will consider these documents and all comments received. A copy of the Draft Initial Study/Mitigated Negative Declaration and related documents are available for review at the following location: Newport Beach City Hail Planning Department 3300 Newport Boulevard Newport Beach, CA 92663 If you wish to appeal the appropriateness or the adequacy of the Draft Mitigated Negative Declaration, your comments should be submitted in writing prior to the close of the public review period stated above. Your comments should specifically identify what environmental impacts you believe would result from the project, why they are significant, and what changes or mitigation measures you believe should be adopted to eliminate or reduce these impacts. If you have any questions or would like further information, please contact Javier S. Garcia, Senior Planner at (949) 644-3206. California RISional Water Quality 40ntrol Board Winston H. Hickox Secretnryjor Environmental Proteellon June 30, 2000 Santa Ana Region Internet Address: http://www.swrcb.ca.gov/mgcb8 3737 Main Street, Suite 500, Riverside, California 92501-3348 Phone (909) 782.4130 - PAX (909) 781-6238 Mr. Jay Garcia Senior Planner City of Newport Beach Planning Department 3300 Newport Boulevard Newport Beach, CA 92658-8915 RECEIVED BY PLANNING DEPARTMENT CITY OF Nr-wrDnPT REACH AM JUL 0 3 2000 PM 71819110111118111213 i 41816 M RESPONSE TO THE NOTICE OF COMPLETION FOR THE NEGATIVE DECLARATION OF THE BIG CANYON COUNTRY CLUB STORM DRAIN PROJECT (SCH #2000051118), CITY OF NEWPORT BEACH Dear Mr. Garcia: Staff of the Regional Water Quality Control Board, Santa Ana Region (RWQCB), have reviewed the Notice Of Completion for the above referenced project. The Notice of Intent for this same project was received on June 01, 2000. We request a 30-day review period to submit our comments to insure a response back. 1. The 0.64 acres of the existing artificial pond proposed to be filled is located along a blue -line stream and is therefore considered a "Waters of the United States". RWQCB personnel have determined that this project will require coverage under Section 401 of the Clean Water Act, water quality certification for dredge and fill operations. Please contact Kelly Schmoker (909) 782-4990 with the Regional Board's Planning Section to further discuss your project. 2. The proposed project intends to disturb approximately 0.64 acres of state and federal wetlands and 0.03 acres of adjoining non -wetland area. Compliance with the California Department of Fish and Game and the U. S. Army Corps of Engineers regulations may be required. 3. Dewatering during construction at the site will require either a National Pollutant Discharge Elimination System (NPDES) permit for the discharge of wastes to surface waters or a Waste Discharge Requirements (WDR) permit for the discharge of wastes to land, be obtained from the Regional Board. Gary Stewart with the Regional Board's Regulation Section may be contacted to discuss your project. 4. Impacts and removal of habitat and vegetation should be discussed and mitigated for. California Environmental Protection Agency cRecycled Paper 0 Mr. Jay Garcia City of Newport Beach Planning Department - 2 - June 30, 2000 5. The use of native vegetation in replanting and hydroseeding operations has been found to be protective for slope soil retention, helps filter and clean runoff, maintains habitat for native animal species, and other water quality benefits. Therefore, we recommend that native vegetation be utilized as much as possible. 6. Mitigation for the loss of the wetland pond values (e.g. captures first flush from rain storms, roosting sites for birds) should be addressed. 7. Appropriate best management practices (BMPs) should be developed and implemented during site preparation (e.g. grading), excavation, and construction to control the discharge of pollutants, prevent sewage spills, and to avoid tracking of sediments into the streets, storm water conveyance channels, or waterways. 8. Controls for soil characteristics related to water quality (potential for erosion and subsequent siltation, increase or decrease in percolation) and impacts of toxic substances handling and/or disposal (if appropriate) should be addressed. 9. No waste material should be discharged to any drainage areas, channels or streams. Spoil sites should not be located within any streams or areas where spoil material could be washed in a waterbody. 10. Construction equipment should not be stored within the streambeds. Fueling, lubrication or maintenance should not be located within any streams or areas where contaminants could be washed into a waterbody. If you have any questions, please call me at (909) 782-4468 or you may contact Stephanie M. Gasca at (909) 782-3221. Sincerely, wa,"l, r� �'� Wanda Smith, Chief Planning Section — Coastal Waters cc: Scott Morgan — State Clearinghouse Susan Sturges —U.S. Army Corps of Engineers, Los Angeles Branch Terri Dickerson — California Department of Fish and Game, Long Beach Branch California Environmental Protection Agency 0 Recycled Paper Gary L. Granville Orange County Clerk -Recorder P.O. Box 238 Santa Ana, Ca 92702 (714)834-4625 OFFICE OF THE ORANGE COUNTY CLERK -RECORDER Memorandum SUBJECT: Environmental Impact Reports - Amendment of "Public Resources Code, Section 21092.3" 2� The attached Negative Declaration was received, filed and a copy was posted on It remained posted -for 20 (twenty) calendar days. Gary L. Granville County Clerk -Recorder of the State of California in and for the County of 4;f ge By: M _ „/ l/ �— Deputy The notices required pursuant to Sections 21080.4 and 21092 for an environmental impact report shall be posted in the office of the County Clerk of each county *** in which the project will be located and shall remain posted for a period of 30 days. The notice required pursuant to Section 21092 for a negative declaration shall be so posted for a period of 20 days unless otherwise regmirred by to be posted for 30 days The County Clerk shall post notices within 24 hours of receipt. r TI All notices filed pursuant to this section shall be available for public inspection, and shall be posted *** within 24 hours of receipt in the office of the County Clerk. Each notice shall remain posted for a period of 30 days. ***Thereafter, the clerk shall return the notice to the local lead agency ***within a notation of the period it was posted. The local lead.agency shall retain the notice for not less than nine months. Additions or changes by underline; deletions by *** (a:\eir\eir20dy) RECEIVED BY PLANNING EP ART REACH CITY II II. 0 3 2000 PM AM g1g1911011'l 11� 111213141616 WITY OF NEWPORT BEACH• POSTED NOTICE OF INTENT TO ADOPT A MAY 2 6 2000 MITIGATED NEGATIVE DECLARATION GARY L. G VILLE, Clerk•Reeorder BY DEPUTY NOTICE IS HEREBY GIVEN that the City of Newport Beach, has prepared an Initial Study/Mitigated Negative Declaration pursuant to the California Environmental Quality Act for the proposed project described below. The Draft Initial Study has determined that if the proposed conditions and mitigation measures are applied to the project there will not be a significant effect on the environment. The City therefore intends to adopt a Mitigated Negative Declaration. Project Name: Big Canyon Country Club Storm Drain Project Project Location: The site is located at 1 Big Canyon Drive within the Big Canyon Country Club golf course in the City of Newport Beach. Project Proponent: Big Canyon Country Club 1 Big Canyon Drive Newport Beach, CA 92663 Public Review Period: May 26, 2000 to June 26, 2000 Project Description: The application is a request to permit the approval of a Grading Permit for the Big Canyon Storm Drain project. The project involves the placement of fill materials within an existing artificial pond approximately 28,000 square feet in size,and construction of associated improvements. Improvements include drainage pipes underground and above the surface that will connect to the existing storm drains, removal and construction of golf cart paths, adjustment of manholes to grade, and relocation of an existing water line. The pond, once filled, will be landscaped and replaced with a putting green to compliment the existing golf course uses and the depth of the driving range expanded to provide additional distance. Opportunities for Public Review: Interested person are invited to review the Draft Mitigated Negative Declaration, including studies and/or exhibits relating to the proposed project, and submit comments. The City of Newport Beach prior to final action on the proposed project will consider these documents and all comments received. A copy of the Draft Initial Study/Mitigated Negative Declaration and related documents are available for review at the following location: Newport Beach City Hall Planning Department 3300 Newport Boulevard Newport Beach, CA 92663 If you wish to appeal the appropriateness or the adequacy of the Draft Mitigated Negative Declaration, your comments should be submitted in writing prior to the close of the public review period stated above. Your comments should specifically identify what environmental impacts you believe would result from the project, why they are significant, and what changes or mitigation measures you believe should be adopted to eliminate or reduce these impacts. If you have any questions or would like further information, please contact Javier S. Garcia, Senior Planner at (949) 644-3206. 06/26/2000 17:35 61946 DEPT OF FISH ANWM PAGE 02 DEPARTMENT OF FISH AND GAME South Coast Region 4949 Viewridge Avenue Son Diego, California 92123 (858) 467-4201 FAX (858) 467.4235 June 26, 2000 Mr. Javier S. Garcia City of Newport Beach Planning Department 3300 Newport Boulevard Newport Beach, California 92658-8915 Comments on the Draft Initial Study and Proposed Mitigated Negative Declaration for Big Canyon Country Club Storm Drain Improvement Project City of Newport Beach, Orange County Dear Mr. Garcia: The Department of Fish and Game (Department), has reviewed the Draft Initial Study and proposed Mitigated Negative Declaration (NfND) for impacts to biological resources. The proposed project includes the filling of an existing artificial pond and improvements to existing storm drains, underground/surface pipes, removal/construction of golf cart paths, adjustment of manholes to grade, and the relocation of an existing water line. In addition, the removal of existing trees, cattails and bulrushes are a part of the proposed Big Canyon project. The proposed project is located at 1 Big Canyon Drive within the Big Canyon Country Club Golf Course in the City of Newport Beach (City). The following statements and comments have been prepared pursuant to the Department's authority as Trustee Agency with jurisdiction over natural resources affected by the project under the California Environmental Quality Act (CEQA) Section 15386 and pursuant to our authority as a Responsible Agency under CEQA Section 15381 over those aspects of the proposed project that come under the purview of the California Endangered Species Act (CESA, Fish and Game Code Section 2050 et seq) and Fish and Game Code Section 1600 et seq. Impacts to Riparian Resources The proposed project will require a Streambed Alteration Agreement (SAA) between the Operator and the Department pursuant to Fish and Game Code 1603. The Department's issuance of an SAA is for a project that is subject to CEQA. To facilitate our review for consideration of issuance of any agreement associated with the proposed project, the Department, as a Responsible Agency under CEQA, may consider the local jurisdiction's (lead agency) document for the project. To mimmi7r additional requirements by the Department under CEQA, the Draft Initial Study & Mitigated Negative Declaration must fully identify the potential impacts to the stream or riparian resources and provide adequate avoidance, mitigation, monitoring and reporting commitments for issuance of the agreement. Project modifications may be required to avoid or reduce impacts to fish and wildlife resources. The Draft Initial Study & Mitigated Negative Declaration fails to provide the level of detail necessary for the Department to consider issuing an SAA at 06/26/2000 17:35 619467429ib DEPT OF FISH ANVM PAGE 03 Javier S. Garcia .Tune 26, 2000 Page 2 this time. Impacts to Other Biological Resources and Mitigation Measures 1. According to the MND, the project includes the filling of an existing artificial pond and improvements to existing storm drains,, undergrourWsurface pipes, remoyalleonsttvctiott of golf cart paths, adjustment of manholes to grade, and the relocation of an existing water line. In addition, the removal of existing trees, cattails and bulrushes are a part of the proposed Big Canyon project and will result in a permanent degradation of habitat for numerous plant/animal species —including the black -crowned night heron (Nycticorae nycticoraz, heron) and yellow warbler (Dendroica petechia, a California Species of Special Concern). Removal of trees will result in the loss of eggs, nestlings and/or fledglings of the night heron. Significant impacts to riparian resources described in the MND are proposed to be mitigated to achieve "no -net -loss," A. The Department recommends avoidance of construction activities during the avian nesting season (generally from.March lih through August 31#) . Impacts, to nesting birds and their eggs are unlawful pursuant to Fish and Game Code 3503 as well as the Migratory Bird Act. Final impact avoidance and mitigation measures for the heron and other species as well as associated riparian vegetation will be determined during consultation with the Department's Environmental Specialist for issuance of a Streambed Alteration Agreement. B. Due of reduction of suitable habitat and both localized• and statewide population declines, any State and/or Federal Species of Concern may be regarded as endangered, threatened or rare by the Department for purposes of CEQA compliance (CEQA Section 15380), The Department recommends that consideration be given to avoid "take" and other adverse impacts to the species and/or their habitat. Unavoidable impacts to sensitive species should be minimized and mitigated fully. In conclusion, the Department recommends that the above concerns he addressed before lead agency approval of the final Mitigated Negative Declaration. Please contact Ms. Leslie MacNair at (949) 583-0943 to discuss this further. Sincerely, ws William E. Tippets Habitat Conservation Supervisor 06/26/2000 17:35 6194674299 • DEPT OF FISH AND GAM PAGE 04 Javier S..Garcia. June 26, 2000" Page 3 cc: Department of Fish and Game File U.S. Fish and Wildlife Service U.S. ,Army Corps of Engineers State Clearinghouse DEPARTMENT OF TRANSPORTATION DISTRICT 12 3347 Michelson Drive Suite 100 Irvine, CA. 92612-0661 June 22, 2000 Javier S. Garcia, Senior Planner City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Subject: Big Canyon Country Club Storm Drain Project Dear Mr. Garcia, File: IGR/CEQA SCH#: 2000051080 Log #: 740 Thank you for the opportunity to review and comment on the Draft Initial Study/Mitigated Negative Declaration on the Big Canyon Country Club Storm Drain Project. The project site is located on 1 Big Canyon Drive within the Country Club golf course. The project involves the placement of fill materials within an existing artificial pond and construction of associated improvements. Caltrans District 12 status is a reviewing agency on this project and has no comments at this time. Please continue to keep us informed of this project and other future developments, which could potentially impact our Transportation facilities. If you have any questions or need to contact us please do not hesitate to call Maryam Molavi at (949) 724-2267. Sincerely, Robert F. J eph, Chi Advanced Planning Branch cc: Terry Roberts, CPR Ron Helgeson, HDQRTRS Planning RECEIVED BY 'PLANNING DEPARTMENT CITY CF NEAAPr`.RT r,EACH AM JUN 2 7 2060 PM 71819110111118111213141810 OP • STATE OF CALIFORNIA ``f`oFrw�y�.� Governor's Office of Planning and Research State Clearinghouse Gray Davis Steve Nissen GOVERNOR AMANG DIRECTOR ACKNOWLEDGEMENT OF RECEIPT DATE: June 22, 2000 RECEIVED BY PLANNING DEPARTNIENT TO: Jay Garcia CITY OP N1F\.1,1PnR rEA31-1 City of Newport Beach 3300 Newport Boulevard JUN 2 G 1060 Newport Beach, CA 92658-8915 AM PM 7181911011111211121314 A6 RE: Big Canyon Country Club Storm Drain Project SCH#: 2000051118 This is to acknowledge that the State Clearinghouse has received your environmental document for state review. The review period assigned by the State Clearinghouse is: Review Start Date: May 26, 2000 Review End Date: June 26, 2000 We have distributed your document to the following agencies and departments: California Coastal Commission Caltrans, District 12 Department of Conservation Department of Fish and Game, Region 5 Department of Parks and Recreation Native American Heritage Commission Regional Water Quality Control Board, Region 8 Resources Agency State Lands Commission State Water Resources Control Board, Clean Water Program The State Clearinghouse will provide a closing letter with any state agency comments to your attention on the date following the close of the review period. Thank you for your participation in the State Clearinghouse review process. I400 TENTH STREET P.O. BOX 3044 SACRAMENTO, CALIFORNIA 958I2-3044 916-445-0613 FAX 916-323-3018 WN\V.OPR.CA.GOV/CLEARINGHOUSE.HTML CITY OF NEWPORT BEACH June 23, 2000 Dr. and Mrs. Charles Klieman 21 Lochmoor Lane Newport Beach, California 92660 Dear Dr. and Mrs. Klieman: Thank you for your letter relating to the proposed grading and removal of the lake at Big Canyon ("Project"). The City has received correspondence from at least one other resident of Big Canyon and two letters from the Big Canyon Community Association raising inquiries about or objections to this Project. Here is what we know: • History and Status of the Project. The Big Canyon Country Club submitted plans and an application for grading permits on October 14,1999. Upon review, we determined that the lake was located on a USGS designated "blueline." Therefore, as a streambed classified as "waters of the United States," the Project is subject to review and permitting by the US Army Corps of Engineers (US ACE). Further, the California Department of Fish and Game (DF&G) must review the Project as a "streambed alteration" and can authorize the work via a Streambed Alteration Agreement. To satisfy requirements of other affected agencies in their permit process — and since the City of Newport Beach is the designated "lead agency" in this case — we required project proponents to complete an environmental review. Big Canyon Country Club submitted their environmental review application in mid -March of this year. We made a qualifications -based selection of a consultant to prepare and review the required environmental documentation (in this case, a "mitigated negative declaration'). We posted the draft mitigated negative declaration for 30-day public review on May 26, 2000. The Planning Department extended the review period to July 10, 2000, to accommodate a request for additional time from the Orange County Sanitation District (there was a delay in their receipt of the document). You may review this document at the by visiting our Planning Department here at City Hall (3300 Newport Boulevard) - ask for State Clearinghouse #2000-51118. If you'd like the document copied for you (at a per -copy charge), please call in advance at 949-644-3225. As we understand it today, the applicant will soon begin the permit process with US ACE and DF&G. If those permits are issued, the City's Building Department will issue a grading permit for the Project. Assuming issuance of all permits by the affected agencies, the proponents may begin work on the Project shortly after to the closing of the review period and preparation of the final mitigated negative declaration. The final document City Hall • 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92659-1768 • Letter to the Kliemans June 23, 2000 Page 2 will incorporate responses to comments from the public and other agencies and will recommend changes and/or additional mitigation measures. • City's Review. As you can tell from the above description of the process, at no time does the City enforce private homeowners association (HOA) covenants, conditions, and restrictions ("CC&Rs") as a part of the grading permit and environmental review process. The City considers these agreements between HOAs and other private parties to be fully private concerns. We strongly believe that it is inappropriate for city government to enforce private CC&Rs in any part of our community. • Your Next Steps. As we see it, if your objections to the proposed Project continue, you should work with the Big Canyon Country Club directly. The City's discretion to deny a grading permit is very limited-- we can only do so if the Project proponents fail to comply with the grading requirements as outlined in Chapter 15.10 of the Newport Beach Municipal Code (attached as a reference). Again, we do not review or consider a community's CC&Rs when simultaneously reviewing a building or grading permit. Thank you again for your inquiry. If you have any questions about the City's position on this matter, please do not hesitate to contact me (949-644-3000). Sincerely, 4�vo�� HOMER L. BLUDAU City Manager cc: Mayor and Members of the Cih• Council Jay Elbettar, Building Director Patty Temple, Planning Director Don Webb, Director of Public Works 06/21/00 16:15 FAX. 949 955 9009 PAONE CALLAHAN Ia00a C7a%lafD/b .J'L�� U� Ml/!1Gv1d� gg.a&l /s+r9/4do-fSfs/.�.rs/.F49/sd�S-afrd"/• nral�.,.:Cw�a'�u+c�avvi, May 17, 2000 Dear Canyon Hulls Community Association homeowner: The Directors of your Association have become aware that the Big Canyon Country Club may be proceeding with plans to fill in the last remaining lake in the Club's driving range area. In its place, apparently there is consideration to construct additional Club facilities. The exact nature of these facilities is unknown to the Association as the Club has not formally disclosed what facilities are being proposed. You need to be aware that in a 1974 Corporate Grant Deed transferring ownership of the property from The Irvine Company to the Big Canyon COuntry Club there vrere certain mutually agreed upon stipulations of title acceptance. One of the agreements was that any driving range lake modification or removal would require the approval of the Canyon Hills Community Association. The Club has proceeded in the past to unilaterally remove the Iakes. And now, without consultation with your Association, they apparently are planning to remove the last lake and construct further Club expansion and improvements next to residential homes. The Association is making contact with members of the City Council to make them aware: of the severe implications of allowing the Club plans to proceed without approval of the Association. We urge you, if you share our concerns, to contact Council Members with these concerns. Time is of the essence and we uree you to Gontact them immediately We have tried to bring our contents to the Country -Club and were advised that communications must be directed through their legal counsel. Enclosed for your reference is a copy of a letter from our legal counsel advising them of the residents rights and concerns. Again, if you share our concerns for the community, please allow your voice to be heard by the members of the Newport Beach City Council. Directors of the Canyon Hills Community Associ--,ion Encl: Letter dated May 5, 2000 to Big Canyon Country Club Legal Counsel cc: Newport Beach City Council 3300 Newport Boulevard Newport Beach, CA 92659-1768 (949) 644-3000 \\Villagwaytll�pmjmtclGnyon Hilts 00B11 Pne000%erTERTO ALLCH HOMEOWNEM- MRP GRAWDEPD 051100.DOC 06/21/00 16:15 FAX 949 955 9009 PAONE CALLAHAN 121004 • LAW Orr1ces L 6T.MLErTT NAwTIN L.. LLc PELDSOT7, LEE S, FEIN9ERG Se rCE` "3[e, KANLDADA' A NN ►AIITNLeSNV INC �DCrL151DNAL C011rO�iT.ONS Clvle .6ALA CMAe Lii M. LITT• MIGMALL A. VEIMe Ee6 eurre 300 NONALO A. NAILTMANM•' NEWe011T f=ACM. C/.L(rORN1A 02000 OLMISE a. IOE"` OeE00MY i• LLW (Gael 7i0-6002 'MiD AONITTLD IN W VV D IACSIM16M 1faN) 72e•e O,P • uic ADNITTN 30 May 5, 2000 Brett Williamson O'Melveny & Meyers, LLP 620 Newport Center Drive,1 Floor Newport Beach, California 92660 Re: Bi Can on Communi Association Dear Mr. Williamson: MAy g g 20Ge L90 ANGLLE3 COLIN�" 1e00 AVLNVG Or TML SJ ^M2 AS*- rLOOe LOS AMOtLEs. CA e0067 la,Dl Aea-Aeec r.ei,N,le ImDt eoa-east VV GNTUe SD0 CAa- ESILANAOG ONIVG SUITE 000 O •Nwen, Gwllrae..0 e30se eA-a Oe. rwGiI1.,RG Taos, sa0.OS70 ,N ArrIL.lAT10N W,T�•. relNe E.O...ANT. NANLDA A LIT' 292, NOeTN TENAYA MAT 1.5 VEOAM. MEVADA ee110 17021 ea7.ae00 IACi,MILE Moat e47.ae01 This office serves as legal counsel to both Canyon Hills Community Association and Big Canyon Master Association. We have been asked to contact you on behalf of both Boards of Directors regarding several conditions that the country club has caused, and which are addressed in detail herein. Prior to drafting this letter, we made an independent inspection of the property and an extensive review of the 1974 Grant Deed, which includes many covenants both homeowners assoc ations and obligate the country club in regard there owhich favor. 1. THE LAKE To begin, we understand that the country club is considering the removal of the lake adjacent to the putting greens and the stream which runs along the driving range, As you probably realize, the grant deed specifically requires the country club to obtain consent from the members of Canyon Hills Community Association prior to modifying the configuration far location of any lakes located on the driving range from the state the lakes were in at the time the deed was executed. A review of areal maps and investigation regarding previous modifications to the lakes have disclosed that there was a large lake on the driving range that no longer exists. the consent of the lub moved condition. CanyonHills Comm nity Assoc a Association's members. was done without We understand that it is now the desire of the country club to remove this lake altogether. Please be informed that should the country club decide to follow through with this plan, the association has authorized this office to review the association's options which would undoubtedly include filing suit in order to obtain an injunction prohibiting this action. Thus, we hereby request that you inform this office of your intentions at this time. 06/21/00 10:15 FAX 949 955 9009 PAONE CALLAHAN a005 FELo90TT, 4EE 6 FEINSERG 1 L"w •y"T"C115"," ,YClU01"G ""Of(S510""L 120"ANAT10"S May 5, 2000 Page •3- 2. THE HEDGES It is apparent when driving along Big Canyon Drive that the homeowners have lost the view of the golf course which was a large factor in the price of their homes. This view has been lost because the country club has relocated hedges within a restricted setback area and because the hedges have been allowed to grow to great heights. I realize that in your April 13, 2000 letterto Martin Greenbaum, Esq., regarding this subject, you requested a detailed breakdown of the violations. I believe that this is altogether unnecessary in-Wat if anyone took the time to drive up Big Canyon Drive they would see that the violations are obvious and widespread. In regard to natural fencing, the grant deed states as follows: "...there shall not be constructed any fencing, walls or the like whether living or inert materials (herein "enclosures"), upon the property conveyed hereby which unreasonable obstructs the view of the golf course upon the property conveyed hereby (herein the "golf course") of"contiguous owners" (as defined in paragraph (ii) hereof) or from contiguous streets. The question of reasonableness of enclosures is to be determined in light of the desire of contiguous owners to enjoy reasonably unobstructed view of the golf course and in light of the Grantee's desire to limit vehicular and pedestrian access to the Grantee's golf course, to protect against flying balls, and to provide physical separation between ceratin greens, tees and fairways-" The grant deed includes several attachments which include descriptions and drawings depicting the limitations on the height of the trees as well as the setback requirements, IIti sy hereby demanded that the shrubs be trimmed and/or removed in order to brinirthe r o t Into compliance. 3. THE CART TURN -AROUND One must wonder how the cart tum-around could have been constructed without full knowledge that the construction was an encroachment on the master association's property and constitutes a willful trespass, The cart turn -around comes clear up to Big Canyon Drive just past Rue Fountainebleau and practically abuts the gutter. The encroachment does not allow room for landscaping as was originally provided. It is hereby requested that the cart tum-around be removed. 06/21/00 16:16 FAX 949 955 9009 PAONE CALLAHAN L • • 121 006 FF-U:350TT, LEE 6 FEINBERG { "I OARTRCRS--P .RrLV11-1 -{OPCSSIDw{L GD{{ORAf10V5 May 5, 2000 Page -3- 4, THE btJmPING ZONE Apparently, the country club has taken it upon Itself to make the master association's backyard its own personal dumping site. Currently, piles of organic waste top masses of dirt in what was once a lake and landscaped area. A review of Attachment A-4 to the grant deed, reveals that the area was intended to be landscaped and although the deed may not have been artfully worded, the Irvine Company intended the. Country Club to keep surrounding areas in a vegetative state rather than a dirt and concrete mound. It is hereby demanded that corrective action be taken. We request your response within ten (10) days of the date of this letter as to what action the county club will take to bring the property into compliance with the grant deed. Very truly yours, FELDSOTT, LEE & FEINBE STANLE� O SF/DI/kc cc: Client FROM : AC SETRAN:U.S.EPA REGIGN IX FAX NO. : 714 389-0365 .Feb. 02 2000 12:41PM P1 • S J�A eS•iY UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION a '"cwwri 75 Hawthorne Street San Francisco, CA 94105-3901 2 February 2000 Mr. David Voorhees, Big Canyon Country Newport Beach, CA General Manager Club Sent Via FAX: (949) 720-9338 Dear Mr. Voorhees: Mr. Jae Chung of the U.S. Army Corps of Engineers, Los Angeles District ("the Corps"), has informed me that, based on new information, he has rescinded his non-jurisdi;Sig Canyon determination for the water body (`i.e., p don the Country Club property for which plans had been prepared to fill for purposes of expanding the Club's golf course. That is, the "pond" has now been determined to be a "water of the United States" by the Corps, and therefore, dredge and fill activities conducted in "waters of the United States" requires prior authorization from the Corps via Section 404 of the Clean Water Act. please be sure to have a Section 404 permit prior to conducting any dredge and fill activities in this pond, and any other "water of the United States". if yu ions ing is can contact me have aty(714)t389-0365. Thankhyou foreu your attention. Sincerely, Aaron C. Setran, Biologist Wetlands Regulatory office cc J. Chung, COE, Los Angeles, CA L. Garcia, RWQCB, Riverside, CA T. Dickerson, CADFkG, Long Beach, CA Printed on Receded Pntwr Feb-11-00 10:12am From-VILLAGEWAY 0pE1fNT T-849 P.02/02 F-948 C�Jl1./laLll�b .TC7L(ley �If7L//ECG/dl.� J�OG'L2�/�L J�..slG a. �ax4749, 9.rvoA 9-O6ye jS+49J�d0-fsfs/4rasjs�c9Jsas-o�ws/.-�t��� _ February 11, 2000 Via FAX (949) 720-9338 David Voorhees Big Canyon Country Club 1 Big Canyon Drive Newport Beach, CA 92660 Re: CANYON BILLS COMM JNM ASSOCLATION Lake Modification Dear Mr. Voorhees: As the management agent for the Canyon Hills Community Association, I have been directed to make the club aware of the following concern. The Association has become aware of a 1974 Corporate Grant Deed which states, in part: "3 c Lake.. By accepting this Grant Deed, Grantee hereby covenants and agrees for itself, its successors and assigns that the location and configuration of lakes on the driving range located on the property conveyed hereby existing at the time of execution hereof shall not be substantially modified without the prior written consent of Canyon Hills Community Association, a California corporation." Although we understand that the Big Canyon Country Club has submitted some drawings to the City of Newport Beach, be advised that in accordance with the above noted Grant Deed conditions the Canyon Hills Community Association has not received any drawings for review and therefore any Big Canyon Country Club plans for construction in this area would be unapproved. The Canyon Bills Community Association reserves all rights. Sincerely, Michael T. Kubas, PCAMO, CCAMO Property Manager Villageway Management, Tne. At the Direction of the Board of Directors Nm:scm cc: Canyon Hills Community Association City of Newport Beach, Planning Department (via mail &fax) Denise Iger — Feldsott, Lee & Feinberg (via mail & fax) Mr. & Mrs. Klieman — 21 Lochmoor Mr. & Mrs. Hertel —19 Lochmoor 1\VillaSc%ayonp,njeecs\Canyon Hills Oea\LiipWAVID VOORHEES - POND ISSUE -1-10-W.noc -c • X0 04:54pm From-VILLAGEWAY WNAGEtE'NT • T-030 P.02/02 F-134 ,iYJl� (2�Ld/6�0�/!i �oa6®�ar-Va -0,i0d, A. m 94 9PGYG /.�J.D/4Sd-1S>S/,�az/-�J9/6d.S-0146/s �asGrwx��rXd'a8rrualcam _ February 23, 2000 Via FAX (949) 720-9338 David Voorhees Big Canyon Country Club 1 Big Canyon Drive Newport Beach, CA 92660 Re: BIG CANYON COMMUNITY ASSOCIATION Corporate Grant Deed Dear Mr. Voorhees: As the management agent for the Big Canyon Community Association, I have been directed to contact the club for the following concern. The Association has become aware of a 1974 Corporate Grant Deed providing certain conditions that both the Country Club and the Community Association should be adhering to. Be advised that we have forwarded the referenced document to our legal council for review and they will be in touch with you directly. Although the Corporate Grant Deed dictates that arbitration should be used, we believe a meeting is required now to review and. discuss some of the issues highlighted in the document. Possibly we can discuss this at our March I, 2000 meeting. We also request the Country Club to formally advise us if they know of any other existing document that covers conditions, restrictions or other pertinent matter between the Club and the Association. Sincerely, Michael T. Kubas, PCAM®, CCAMO Property Manager Villageway Management, Inc. At the Direction of the Board of Directors MM:ml, cc: Canyon Hills Community Association City of Newport Beach, Planning Department (via mail & fax) Denise Iger—Feldsott, Lee & Feinberg (via mail & fax) t1Vil1ageway0ltproj=s0g Canyon OSOVxe0ZAVN VOORBEES - CORPORATE GRANT DEED ISSUE - 2.23.00.DOC N • STATE OF CALIFORNIA • s°'rb Governor's Office of Planning and Research State Clearinghouse`"' Gray Davis Steve Nissen GOVERNOR RECEIVED BY ACTING DIRCCIOR June 27,2000 PLANNING DEPART ENT CITY OF NF. kpnPT PEACH Jay Garcia City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658-8915 Subject: Big Canyon Country Club Storm Drain Project SCH#: 2000051418 Dear Jay Garcia: AM JUN 3 0 2000 PM 71619110111112111313141516 I The State Clearinghouse submitted the above named Negative Declaration to selected state agencies for review. The review period closed on June 26, 2000, and no state agencies submitted comments by that date. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to the California Environmental Quality Act. Please call the State Clearinghouse at (916) 445-0613 if you have any questions regarding the environmental review process. If you have a question about the above -named project, please refer to the ten -digit State Clearinghouse number when contacting this office. Sincerely, Terry Roberts Senior Planner, State Clearinghouse 1400 TENTH STREET P.O. BOX 3044 SACRAMENTO, CALIFORNIA 95812-3044 916-445-0613 FAX 916-323-3018\V\V\V.OPR.CA.GOV/CLEARINGHOUSE.HTML . Document Details Report • State Clearinghouse Data Bao SCH# 2000051118 Project Title Big Canyon Country Club Storm Drain Project Lead Agency Newport Beach, City of Type Neg Negative Declaration Description The application is a request to permit the approval of a Grading Permit for the Big Canyon Country Club Storm Drain project. The project involves the placement of fill materials within an existing artificial pond approximately 28,000 square feet in size and construction of associated improvements. Improvements include drainage pipes underground and above surface that will connect to the existing storm drains, removal and construction of golf cart paths, adjustment of manholes to grade, and relocation of an existing water line. The pond, once filled, will be landscaped and replaced with a putting green to compliment the existing golf course uses and the driving range depth will be expanded to provide additional distance. Lead Agency Contact Name Jay Garcia Agency City of Newport Beach Phone (949)644-3206 Fax email Address 3300 Newport Boulevard City Newport Beach State CA Zip 92658-8915 Project Location County Orange City Newport Beach Region Cross Streets Big Canyon Drive & San Joaquin Hills Road Parcel No. 442-032-069 Township Range Section Base Proximity to: Highways 'Pacific Coast Highway Airports Railways Waterways Schools Land Use Artificial pond within a golf course. Project issues Reviewing Resources Agency; California Coastal Commission; Department of Conservation; Department of Fish Agencies and Game, Region 5; Department of Parks and Recreation; Caltrans, District 12; State Water Resources Control Board, Clean Water Program; Regional Water Quality Control Board, Region 8; Native American Heritage Commission; State Lands Commission; Department of Health Services Date Received 05126/2000 Start of Review 05/26/2000 End of Review 06/26/2000 Note: Blanks in data fields result from insufficient information provided by lead agency. DEPARTMENT OF FISH AND GAME South Coast Region 4949 Viewridge Avenue San Diego, California 92123 (858)467-4201 FAX (858) 467-4235 June 26, 2000 Mr. Javier S. Garcia City of Newport Beach Planning Department 3300 Newport Boulevard Newport Beach, California 92658-8915 RECEIVED V PLANNING DEPARTMENT CITY OF NIFWPORT PEACH AM JUN 2 9 2000 PM 7(819110j1111w11i21S14(6i6 Comments on the Draft Initial Study and Proposed Mitigated Negative Declaration for Big Canyon Country Club Storm Drain Improvement Project City of Newport Beach, Orange County Dear Mr. Garcia: The Department of Fish and Game (Department), has reviewed the Draft Initial Study and proposed Mitigated Negative Declaration (MND) for impacts to biological resources. The proposed project includes the filling of an existing artificial pond and improvements to existing storm drains, underground/surface pipes, removal/constmction of golf cart paths, adjustment of manholes to grade, and the relocation of an existing water line. In addition, the removal of existing trees, cattails and bulrushes are a part of the proposed Big Canyon project. The proposed project is located at 1 Big Canyon Drive within the Big Canyon Country Club Golf Course in the City of Newport Beach (City). The following statements and comments have been prepared pursuant to the Department's authority as Trustee Agency with jurisdiction over natural resources affected by the project under the California Environmental Quality Act (CEQA) Section 15386 and pursuant to our authority as a Responsible Agency under CEQA Section 15381 over those aspects of the proposed project that come under the purview of the California Endangered Species Act (CESA, Fish and Game Code Section 2050 et seq) and Fish and Game Code Section 1600 et seq. Impacts to Riparian Resources 1. The proposed project will require a Streambed Alteration Agreement (SAA) between the Operator and the Department pursuant to Fish and Game Code 1603. The Department's issuance of an SAA is for a project that is subject to CEQA. To facilitate our review for consideration of issuance of any agreement associated with the proposed project, the Department, as a Responsible Agency under CEQA, may consider the local jurisdiction's (lead agency) document for the project. To minimize additional requirements by the Department under CEQA, the Draft Initial Study & Mitigated Negative Declaration must fully identify the potential impacts to the stream or riparian resources and.provide adequate avoidance, mitigation, monitoring and reporting commitments for issuance of the agreement. Project modifications may be required to avoid or reduce impacts to fish and wildlife resources. The Draft Initial Study & Mitigated Negative Declaration fails to provide the level of detail necessary for the Department to consider issuing an SAA at �1 J"• • • Javier S. Garcia June 26, 2000 Page 2 this time. Impacts to Other Biplppical Resources and Mitig�tign Measures 1. According to the NM, the project includes the filling of an existing artificial pond and improvements to existing storm drains, underground/surface pipes, removal/construction of golf cart paths, adjustment of manholes to grade, and the relocation of an existing water line. In addition, the removal. of existing trees, cattails and bulrushes are a part of the proposed Big Canyon project and will result in a permanent degradation of habitat for numerous plant/animal species —including the black -crowned night heron (Nyeticorax nycticorax, heron) and yellow warbler (Dendroica petechia, a California Species of Special Concern); Removal of trees will result in the loss of eggs, nestlings and/or fledglings of the night heron. Significant impacts to riparian resources described in the MND are proposed to be mitigated to achieve "no=net4oss." A. The Department recommends avoidance of construction activities during the avian. nesting season (generally from Marcb_ P' througkAuggst 3l') . Impacts tp nesting birds and their eggs are unlawful pursuant to Fish and Game Code 3503 as well as the Migratory Bird Act. Final impact avoidance and mitigation measures for the heron and other species as well as associated riparian vegetation will be determined during consultation with the Department's Environmental Specialist for issuance of a Streambed Alteration Agreement. B. Due of reduction of suitable habitat and both localized- and statewide population declines, any State and/or Federal Species of Concern may be regarded as endangered, threatened or rare by the Department for purposes of CEQA compliance (CEQA Section 15380). The Department recommends that consideration be given to avoid "take" and other adverse impacts to the species and/or their habitat. Unavoidable impacts to sensitive species should be minimized and mitigated fully. In conclusion, the Department recommends that the above concerns be addressed before lead agency approval of the final Mitigated Negative Declaration. Please contact Ms. Leslie. MacNair at (949) 583.0943 to discuss this further. Sincerely, William E. Tippets Habitat Conservation Supervisor Javier S., Garcia June 26,2000 Page 3 cc: Department of Fish and Game File U.S. Fish and Wildlife Service U.S. Army Corps of Engineers State Clearinghouse • 19100 VON KARMAN EIGHTH FLOOR ROBERT E. CALLAHAN P.O. BOX 19613 RICHARD J. FOSTER IRVINE, CA 92623-9613 ROGER A. GRABLE PHONE: 949-955-2900 SUSAN K. HORI FAX: 949-955-9009 ALAN J. KESSEL KENNETH S. KRAMER E-MAIL: info®paone.com STEVEN A. McHOLM WEB SITE: http://www.paone.com June 21, 2000 VIA FACSIMILE AND U.S. MAIL Mr. Javier S. Garcia Senior Planner City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658-8915 Re: Big Canyon Country Club Storm Drain Project Dear Mr. Garcia: TIM PAONE KATHLEEN CAROTHERS PAONE CLAY H. SHEVLIN MARTIN J. STEIN L. ELIZABETH STRAHLSTROM WILLIAM P. TANNER, III DANIEL K. WINTON RECEIVED BY PLANNING DEPARTMENT CITY QF Ki;-wpnPT BEACH AM JUN 2 3 2000 PM 71819 110 111112111213141516 4 Our paralegal was down to review the file on the above project this morning. Apparently, the attached letters were not in that file. I am forwarding these copies to you for inclusion in the City's file regarding the project. Additionally, it is our understanding that the review period has been extended until July 10, 2000. If this is not the case, please contact Alan Kessel or me immediately. Sincerely, � C/ GZ i��i�t Kathleen Carothers Paone KCP/mw Enclosures 062100114:51138774-0011124187.1 /.f+/B/450-15>S/.4as%f+C9/S8S-0146'/i-n.a�vriC��' May 17, 2000 Dear Canyon Hills Community Association Homeowner: The Directors of your Association have become aware that the Big Canyon Country Club may be proceeding with plans to fill in the last remaining lake in the Club's driving range area. In its place, apparently there is consideration to construct additional Club facilities. The exact nature of these facilities is unknown to the Association as the Club has not formally disclosed what facilities are being proposed. You need to be aware that in a 1974 Corporate Grant Deed transferring ownership of the property from The Irvine Company to the Big Canyon Country Club there were certain mutually agreed upon stipulations of title acceptance. One of the agreements was that any driving range lake modification or removal would require the approval of the Canyon Hills Community Association. The Club has proceeded in the past to unilaterally remove the lakes. And now, without consultation with your Association, they apparently are planting to remove the last lake and construct further Club expansion and improvements next to residential homes. The Association is making contact with members of the City Council to make them aware of the severe implications of allowing the Club plans to proceed without approval of the Association. We urge you, if you share our concerns, to contact Council Members with these concerns. Time is of the essence and we urge You to contact them immediately. We have tried to bring our concerns to the Country Club and were advised that communications must be directed through their legal counsel. Enclosed for your. reference is a copy of a letter from our legal counsel advising them of the residents rights and concerns. Again, if you share our concerns for the community, please allow your voice to be heard by the members of the Newport Beach City Council. Directors of the Canyon Hills Community Association Encl: Letter dated May 5, 2000 to Big Canyon Country Club Legal Counsel cc: Newport Beach City Council 3300 Newport Boulevard Newport Beach, CA 92659-1768 (949) 644-3000 UV illa8e"y011 mjecU\Canyon HMS 008%ep11200ML£rrER TO ALL CH HOMEOWNERS • CORP GRANT DEED 051100.DOC • _ 0 MAY D 8 2000 ....NLCT rELesoTT MARTIN L. LEE Ross W fLIN■LRO' JOSLPN KANEDA• CMARLES M. LITT' MICMAEL s. PCINSICIFIC TMANN�• RONALo A. MAR OCNISL e. low", ORCOORV s. LLw •ALSO A,","Co IN RCYAyA IALiD A,,Into IN ARIZONA LAW OrrICEs FELOSoTT, LEE & FEINBERG A {AW PARTNERSHIP INCLUDING PRCrCSSIONAL CORPORATIONS Civic PLAZA SUITE 300 NEWPORT SCACH.=ALIrORNIA Yisco IeAel Tsf-SOOT IACs1MILC ISAel T1S•SOIZ May 5, 2000 Brett Williamson O'Melveny & Meyers, LLP 620 Newport Newport Beach, Drive,nter oorCalifornia 92660 Re: g1 Canyon Community Association LOS ANOCLCs 500N " 1000 AVENUE Or TNC STARS se.� r,.eoR Los ANOCLCS. CA 90067 1310, 003r060 IACi 1M.LC 13101 6113-0-20 vENTURA Cou=TY SOO EAST CSPLANAOL 0—C SUITE S00 oxnARe. CA6I1`00-'A e]OSC ISOs, sw-isSA FACSIM ILC ISOSI see-OSJO IN ARFILIATION WET•. r[INSCRO. GRANT. NANLDA L LITT SSCI NORTN TCNAVA WAY LAs VCOAS. NCVAOA Sslse vea eATreCO FACSIMILC O'Osl W&V-ASC' Dear Mr. Williamson: This office serves as legal counsel to both Canyon Hills Community Association and Big Canyon Master Association. We have been asked to contact you on behalf of both Boards of Directors regarding several conditions that the country club has caused, and which are addressed in detail herein. ade an independent inspection of the property and Prior to drafting this letter, we m ny covenants both homeowners associations 4 Grant Deed, which includes a an extensive review and obligate the country club nrega d theretoWhich favor THE LAKE To begin, we understand that the country club is considering the removal of the lake adjacent to the putting greens and the stream which runs along the driving range. As you probably realize, the grant deed specifically requires the country club to obtain consentfrom the members of Canyon Hills Community Association prior to modifying the configuration or location of any lakes located on the driving range from the state the lakes were in at the time the deed was executed. A review of areal maps and investigation regarding previous modifications to the lakes have disclosed that there was a large lake on the driving range that no longer exists. the country club oved the take the Canyon Hills Community to its present Association Association'scondition. This was done without members. We understand that it is now the desire of the country club to remove this lake altogether. Please be informed that should the country club decide to follow through with this plan, the association has authorized this office to review the association's options which would undoubtedly include filing suit in order to obtain an injunction prohibiting this action. Thus, we hereby request that you inform this office of your intentions at this time. M FELOSOTT. LEE G FEINBERG "w PART ..... V ,NC0001NO "NOrCSS,ONAL CORPORATIONS May 5, 2000 Page -3- 2 THF� HEDGES It is apparent when driving along Big Canyon Drive that the homeowners have lost the view of the golf course which was a large factor in the price of their homes. This view, has been lost because the country club has relocated hedges within a restricted setback area and because the hedges have been allowed to grow to great heights. I realize that in your April 13, 2000 letter to Martin Greenbaum, Esq., regarding this subject, you requested a detailed breakdown of the violations. I believe that this is altogether unnecessary in that if anyone took the time to drive up Big Canyon Drive they would see that the violations are obvious and widespread. In regard to natural fencing, the grant deed states as follows: "...there shall not be constructed any fencing, walls or the like whether living or inert materials (herein "enclosures"), upon the property conveyed hereby which unreasonable obstructs the view of the golf course upon the property conveyed hereby (herein the "golf course") of "contiguous owners" (as defined in paragraph (ii) hereof) orfrom contiguous streets. The question of reasonableness of enclosures is to be determined in light of the desire of contiguous owners to enjoy reasonably unobstructed view of the golf course and in light of the Grantee's desire to limit vehicular and pedestrian access to the Grantee's golf course, to protect against flying balls, and to provide physical separation between ceratin greens, tees and fairways." The grant deed includes several attachments which include descriptions and drawings depicting the limitations on the height of the trees as well as the setback requirements. It is hereby demanded that the shrubs be trimmed and/or removed in order to bring the property into compliance. THE CART TURN -AROUND One must wonder how the cart tum-around could have been constructed without full knowledge that the construction was an encroachment on the master association's property and constitutes a willful trespass. The cart tum-around comes clear up to Big Canyon Drive just past Rue Fountainebleau and practically abuts the gutter. The encroachment does not allow room for landscaping aswas originally provided. It is hereby requested that the cart tum-around be removed. FELDSOTT, LEE & FEINBERG .AOIMLRSNO. ,MCWOINO .ROICSS,O.AI COO.O„ATIOMS May 5, 2000 Page -3- ,q THE DUMPING ZONE Apparently, the country club has taken it upon itself to make the master association's backyard its own personal dumping site. Currently, piles of organic fAttachment tap masses of dirt in what was once a lake and landscaped area. A review of Attachment A-4 to the grant deed, reveals that the area was intended to be landscaped and although the deed may not shave been artfully urrounding areas in aaovegetative state rather than a dirt and concrete mound rded, the irvine Company intended the Country !ub to keep it is hereby demanded that corrective action be taken. We request your response within ten (10) days of the date of this letter as to what action the county club will take to bring the property into compliance with the grant deed. Very truly yours, FELDSOTT, LEE & STANLEY FELDSC SFIDllkc cc: Client STATE GRAY DAVIS, Govern DEPARTMENT OF TRANSPORTATION DISTRICT 12 3347 Michelson Drive Suite 100 Irvine, CA. 92612-0661 June 22, 2000 Javier S. Garcia, Senior Planner City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Subject: Big Canyon Country Club Storm Drain Project Dear Mr. Garcia, File: IGR/CEQA SCHM 2000051080 Log #: 740 Thank you for the opportunity to review and comment on the Draft Initial Study/Mitigated Negative Declaration on the Big Canyon Country Club Storm Drain Project. The project site is located on 1 Big Canyon Drive within the Country Club golf course. The project involves the placement of fill materials within an existing artificial pond and construction of associated improvements. Caltrans District 12 status is a reviewing agency on this project and has no comments at this time. Please continue to keep us informed of this project and other future developments, which could potentially impact our Transportation facilities. If you have any questions or need to contact us please do not hesitate to call Maryam Molavi at (949) 724-2267. Sincerely, Robert F. J eph, Chi f Advanced Planning'Branch cc: Terry Roberts, OPR Ron Helgeson, HDQRTRS Planning RECEIVED BY 'PLANNING DEPARTMENT CITY, OF NEwPoRT rDEACHI AM' JUN 2 7 2000 PM 71519110111115111213141S16 E if NN STATE OF CALIFORNIA • - Governor's Office of Planning and Research State Clearinghouse �`� Gray Davis Steve Nissen GOVERNOR ACTING DIRECTOR ACKNOWLEDGEMENT OF RECEIPT DATE: June 22, 2000 RECEIVED BY TO: Jay Garcia PLANNING. DEPARTMENT CITY O City of Newport Beach F NpwpnRT REACFI 3300 Newport Boulevard JUN 2 G 2000 PM Newport Beach, CA 92658-8915 AM, 71819110�11i1tiiZ1213141616 RE: Big Canyon Country Club Storm Drain Project SCH#: 2000051118 This is to acknowledge that the State Clearinghouse has received your environmental document for state review. The review period assigned by the State Clearinghouse is: Review Start Date: May 26, 2000 Review End Date: June 26, 2000 We have distributed your document to the following agencies and departments: California Coastal Commission Caltrans, District 12 Department of Conservation Department of Fish and Game, Region 5 Department of Parks and Recreation Native American Heritage Commission Regional Water Quality Control Board, Region 8 Resources Agency State Lands Commission State Water Resources Control Board, Clean Water Program The State Clearinghouse will provide a closing letter with any state agency comments to your attention on the date following the close of the review period. Thank you for your participation in the State Clearinghouse review process. 1400 TENTH STREET P.O. BOX 3044 SACRAMENTO, CALIFORNIA 95812-3044 916-445-0613 FAX 916-323-3018\V1VW.OPR.CA.GOV/CLEARINGHOUSE.HTML P�R e CITY OF NEWPORT BEACH 0 u z June 23, 2000 Dr. and Mrs. Charles Klieman 21 Lochmoor Lane Newport Beach, California 92660 Dear Dr. and Mrs. Klieman: Thank you for your letter relating to the proposed grading and removal of the lake at Big Canyon ("Project"). The City has received correspondence from at least one other resident of Big Canyon and two letters from the Big Canyon Community Association raising inquiries about or objections to this Project. Here is what we know: • History and Status of the Project. The Big Canyon Country Club submitted plans and an application for grading permits on October 14,1999, Upon review, we determined that the lake was located on a USGS designated "blueline.," Therefore, as a streambed classified as "waters of the United States," the Project is subject to review and permitting by the US Army Corps of Engineers (US ACE). Further, the California Department of Fish and Game (DF&G) must review the Project as a "streambed alteration' and can authorize the work via a Streambed Alteration Agreement. To satisfy requirements of other affected agencies in their permit process — and since the City of Newport Beach is the designated "lead agency" in this case — we required project proponents to complete an environmental review. Big Canyon Country Club submitted their environmental review application in mid -March of this year. We made a qualifications -based selection of a consultant to prepare and review the required environmental documentation (in this case, a "mitigated negative declaration'). We posted the draft mitigated negative declaration for 30-day public review on May 26, 2000. The Planning Department extended the review period to July 10, 2000, to accommodate a request for additional time from the Orange County Sanitation District (there was a delay in their receipt of the document). You may review this document at the by visiting our Planning Department here at City Hall (3300 Newport Boulevard) - ask for State Clearinghouse #2000-51118. If you'd like the document copied for you (at a per -copy charge), please call in advance at 949-644-3225. As we understand it today, the applicant will soon begin the permit process with US ACE and DF&G. If those permits are issued, the City's Building Department will issue a grading permit for the Project. Assuming issuance of all permits by the affected agencies, the proponents may begin work on the Project shortly after to the closing of the review period and preparation of the final mitigated negative declaration. The final document City Hall • 3300 Newport Boulevard • Post Office Box 1768 9 Newport Beach, California 92659-1768 • • rnffar fn fho Viomnme June 23, 2000 Page 2 will incorporate responses to comments from the public and other agencies and will recommend changes and/or additional mitigation measures. • City's Review. As you can tell from the above description of the process, at no time does the City enforce private homeowners association (HOA) covenants, conditions, and restrictions ("CC&Rs ") as a part of the grading permit and environmental review process. The City considers these agreements between HOAs and other private parties to be fully private concerns. We strongly believe that it is inappropriate for city government to enforce private CC&Rs in any part of our community. • Your Next Steps. As we see it, if your objections to the proposed Project continue, you should work with the Big Canyon Country Club directly. The City's discretion to deny a - grading permit is very limited -- we can only do so if the Project proponents fail to comply with the grading requirements as outlined in Chapter 15.10 of the Newport Beach Municipal Code (attached as a reference). Again, we do not review or consider a community's CC&Rs when simultaneously reviewing a building or grading permit. Thank you again for your inquiry. If you have any questions about the City's position on this matter, please do not hesitate to contact me (949-644-3000). Sincerely, HOMER L. BLUDAU City Manager cc: Mayor and Members of the City Council Jay Elbettar, Building Director Patty Temple, Planning Director Don Webb, Director of Public Works • Garcia, Jay From: Unity Messaging System - EXCHANGE2_MIS Sent: Tuesday, June 20, 2000 5:16 PM To: Garcia, Jay Subject: Message from an unidentified caller 0 ValceMessage Alan Kestle, RE: Big Canyon pond 949-442-3711 Garcia, Jay From: Unity Messaging System - EXCHANGE2_MIS Sent: Thursday, June 16, 2000 1:56 PM To: Garcia, Jay Subject: Message from an unidentified caller lJ� Voloe�ago Angie Anderson, Orange County Sanitation District 714-593-7305 ,10 \ ' A 1 0 0 CITY OF NEWPORT BEACH PLANNING DEPARTMENT PROJECT REVIEW REQUEST Date: June 1.2000 Staff Planner: JJU Garcia. ext. 3206 X PUBLIC WORKS DEPARTMENT X PLANS ATTACHED (PLEASE RETURN) _ TRAFFIC ENGINEER _ FIRE DEPARTMENT _PLANS ON FILE IN PLANNING DEPT. X BUILDING/GRADING DEPARTMENT _ COMMUNITY SERVICES _ POLICE DEPARTMENTNICE & INTELLIGENCE _ MARINE SAFETY _ REVENUE ECONOMIC DEVELOPMENT (Commercial Development Only) APPLICATION OF: City of Ne ort Beach CONTACT: Jay Garcia (949) 644-3206 A FOR: Mitigated Negative Declaration . DESCRIPTION: Request to permit the approval of a Grading Permit for the Big Canyon Country Club Storm Drain project. The project involves the placement of fill materials within an existing artificial pond approximately 28,000 square feet in size and construction of associated improvements. LOCATION: I Big Canyon Drive (REPORT REQUESTED BY: June 8, 2000 COMMISSION REVIEW (Tentative): Check all that apnlv.' ❑ No comments on the project as presented. ID Application of Standard Code requirements are not expected to alter the project design. ❑ Recommended conditions of approval are attached. ❑ Application of Standard Code requirements or the attached conditions of approval will substantially impact or alter the design of the project. ❑ I contacted the applicant on to: 0 schedule an appointment for Code review, 0 discuss the following (attach separate sheet if necessary): CITY OF NEWPORT BEACH PLANNING DEPARTMENT PROJECT REVIEW REQUEST Date: June 1, 2000 Staff Planner: Jay Garcia, ext. 3206 X PUBLIC WORKS DEPARTMENT X PLANS ATTACHED (PLEASE RETURN) _ TRAFFIC ENGINEER _ FIRE DEPARTMENT _PLANS ON FILE IN PLANNING DEPT. X BUILDING/GRADING DEPARTMENT _ COMMUNITY SERVICES _ POLICE DEPARTMENT/VICE & INTELLIGENCE _ MARINE SAFETY _ REVENUE ECONOMIC DEVELOPMENT (Commercial Development Only) APPLICATION OF: I City of Newport Beach CONTACT: Jay Garcia (949) 644-3206 1 F. . FOR: Mitigated Negative Declaration DESCRIPTION: Request to permit the approval of a Grading Permit for the Big Canyon Country Club Storm Drain project. The project involves the placement of fill materials within an existing artificial pond approximately 28,000 square feet in size and construction of associated improvements. LOCATION: 1 Big Canyon Drive REPORT REQUESTED BY: June 8, 2000 J COMMISSION REVIEW (Tentative): Check all that apply: ❑ No comments on the project as presented. ❑ Application of Standard Code requirements are not expected to alter the project design. ❑ Recommended conditions of approval are attached. ❑ Application of Standard Code requirements or the attached conditions of approval will substantially impact or alter the design of the project. ❑ I contacted the applicant on to: 0 schedule an appointment for Code review, 0 discuss the following (attach separate sheet if necessary): ADDITIONAL COMMENTS (0 see attached): Sip -nature: Ext. Date: � GE � HOD ANO ABSOCIArle• MEMORANDUM DATE: May 25, 2000 TO: Ms. Terry Roberts,��State Clearinghouse , FROM: Cheryle L. Hodge, -Hodge & Associates SUBJEC City of Newport Beach - CEQA Documentation (Draft Initial Study/Mitigated Negative Declaration) for the proposed Big Canyon Country Club Storm Drain Project. On behalf of my client, City of Newport Beach, Planning Department, I have enclosed fifteen (15) copies of the CEQA documentation (Initial Study/Mitigated Negative Declaration) for the above referenced project. I have also enclosed fifteen (15) copies of the Notice of Completion form. The draft CEQA document has been published for a 30-day public review period that will commence on May 26, 2000 and conclude on June 26, 2000. If you have any questions and/or comments regarding the attached document, please give me a call at (949) 661-6488 or Jay Garcia, City of Newport Beach at (949) 655-3206. Thanks. Enclosure cc: Jay Garcia, City of Newport Beach, Planning Department. 24040 CAMINO DEL AVION ■ SUITE A•247 • MONARCH BEACH, CA 92629 • TEL: 949/561-6488 • FAX: 949/661.3791 NICE OF COMPLETION 0 Mail to: State'Clearinghouse, 1400 Tenth Street, Sacramento, CA 95814 (916)445-0613 PROJECT TITLE �Lc rn I t 11 dub � .1 � tall co c-'C� LEAD AGENCY t �iPLv f [aC�l1 CONTACT PERSON n e enko^ 9kac STREET ADDRESS -"" c:C: w cT F31uc1 MAILING ADDRESS x Nt TELEPHONE q'-lc1 cf - �20( i CITY _ jl� CODE CITY, r.., ZIP CODE I COUNTY _ PROJECT LOCATION / I k O '% l /YL V Ne z. t; le {- a <cC:C- r l I C, 1 C_ - COUNTY —� CITY/NEAREST COMMUNITY 81 vt`l o/l N„ P4wzl l j4erdzbl / y&"firy /i(,7 CROSS STREETS. A 1 q �Grival ZIP C E .Dove c"SAI1Jyrgt•,4 H/(S !!d %1166-0 TOTAL ACRES .,Zhfl�i �, F/•, ASSESSOR'S PARCEL NO. 17'Y,2 - n ) _ G/ SECTION TOWNSHIP O RANGE BASE WITHIN 2 MILES: STATE HIGHWAY N0. WATERWAYS agar, 6rc %Dasf' f%/Tcs�c'r y AIRPORTS RAILWAYS z SCHOOLS I'I r7✓�!1 DOCUMENT TYPE CEQA: _ NOP _ Supplemant/Subsequent NEPA: NOI Other: Joint Document _ Early Cons Neg Dec _ (Prior SCH No.) EA Other _ ^— Final Document Draft EIR _ Draft EIS _ Other _ -_____________________________________-.-________________-____________________-_____-_____-___ FONSI LOCAL ACTION TYPE _ General Plan Update _ Specific Plan Rezone Annexation Annexation __ _ General Plan Amendment _ Master Plan _ Prezone Redevelopment _ General Plan Element Planned Unit Development _ Use Permit _ Coastal Perm t Community Plan- _ Site Plan _ Land Division' _ •� Other CCU \ ___ _____________________________ISu--vlSion_Parcel Map:Tract Map, etc.) DEVELOPMENT TYPE _ Residential- Units Acres Water Facilities: — Type MOO _ Office: Sq.It Acres_ Employees_ — Transponauon. Type -__Commercial: Sq.lt. _ M,an Acres_ Employees_ —Power: Mineral - Type �Its- -_ Industrial. Sq.II.__ Acres Employees Waste Treatment: — Type — Educational •••-Other �— Hazardous Waste; Type _- Institutional Recreational �j2}r C�•�'r%rI In ll f r d,clnaye ° _ QSSc,r,cyrP� /m(�, PROJECT ISSUES DISCUSSED IN DOCUMENT _ Aesthetic/Visual _ Agricultural Land _Au Quality _ AmhoologIcal/Historical _ Coastal Zone _ Dramage/Absorption Economic/Jobs _ Fiscal _ Flood Plam/Flooding _ Forest land/Fire Hazard Geologic/Seismic _ Minerals _ Noise _ Papulatlon/Housing Balance _ Public Services/Facilities _ Recreation/Parks _ Schools/Universities _ Septic Systems _ Sewer Capacity _ Soil Erosion/Compaction/Grading Solid Waste _ Toxic/Hazardous _ Traffic/Circulation _ Vegetation _ Water Quality _ Water Supply/Groundwater _ Wetland/Riparian _ Wildlife _ Growth Inducing _ Land Use _ Cumulative Effects Other l Y6114y dirt lAtvic;l P��d ✓,Jtir/� �<' J�i�>r c'o�!s� PROJECT DESCRIPTION Se�� c��rt�cKe-i7 ZCIK Nc 16-e o".i.11 ,nIG 17 Reviewing Agencies Checklist Resources Agency KEY Boating & Waterways _ Coastal Commission S = Document sent by lead agency Coastal Conservancy X = Document sent by SCH _ Colorado River Board ✓ = Suggested distribution _ Conservation r Fish & Game Forestry & Fire Protection _ Office of Historic Preservation _ Parks &.Recreation _ Reclamation Board S.F. Bay Conservation & Development Commission Water Resources (DWR) Business, Transportation & Housing _ Aeronautics _ California Highway Patrol ,05_ CALTRANS District N,Z _ Department of Transportation Planning (headquarters) Housing & Community Development Food & Agriculture Health & Welfare Health Services State & Consumer Services _ General Services OLA (Schools) Public Review Period (to be filled in by Lead Agency) Environmental Protection Agency _ Air Resources Board California Waste Management Board SWRCB: Clean Water Grants SWRCB: Delta Unit SWRCB: Water Quality SWRCB; Water Rights (Z Regional WQCB N S��r�Y�c�telt Youth & Adult Corrections _ Corrections Independent Commissions & Offices Energy Commission Native American Heritage Commission _ Public Utilities Commission _ Santa Monica Mountains Conservancy State Lands Commission Tahoe Regional Planning Agency Other U.S. PrrnT O_QS of Cn0,MfIeRC$ Starting Date i� `r_ 2�, ZG2�C� Ending Date _YL) (fie Z2 260 r r Signature O' � Date IA4� aS , 2=--)0 u Lead Agency (Complete if applicable): Consulting Firm: c /tS SCE (07'eS Address: aYogn /P/ 4-VA-1 FPAZY City/State/Zip:AL, a,-, 1, b eA, Contact: I,-R✓lv L, E Phone: (_9H9 ) _66/- C•// ' Address Phone: For SCH Use Only: Date Received at SCH Date Review Starts Date to Agencies _ Date to SCH Clearance Date Notes: HODGE Fax:9496613791 Apr 27 100 13:05 P.01 HODGE & ASSOCIATES GOVERNMENT RELATIONS & SUPPORT ENVIRONMENTAL COMMUNITY PLANNING Fax Transmittal DATE: i' Z7- 0d TIME SENT: 1 eC) TO: ,:oa,z Cn22d�Ck, FROM: Chervle L. Hodee, Hodee & Associates TELEPHONE: Telephone # _ (949) 661-6488 & Fax # (949) 661-3791 SUBJECT: 'AlPw Gt/ 14-✓1d,S "!470146,019-s Us, _Imoly &,,w- -%14 Em rneeT v THIS DOCUMENT CONTAINS -- — PAGES INCLUDING THIS COVER PAGE MAILING ADDRESS: 24040 CAMINO DEL AVION, PMB # A247 • MONARCH BEACH • CA 92629 OFFICE LOCATION: 9 FAIRE WINDS • LAGUNA NIGUEL • CALIFORNIA 92677 TELEPHONE (949) 661.6488 • FAX (949) 661.3791 THE NATIONAL ASSOCIATION OF HOME BUILDERS r I Mrg 10.2000 1201 151h Shen. N.W. Wuhingm . D.G 20005 MI 1"7 4" CC2 V to _ Lrl L� Lei N d m v _ b O N = N d a ^Lis w ev a1m� m— i rename 1o, Numoer % C 111 New Wetlands Permits a Setback for Housing 1xSArmycorpsafFisgi news oa Marrh 9 arrival-& perrmmng If ahadownersProjectttoes congrowd'uettedimcopato vrumofastrew ortiaer. .k not tpralffy for an NW ,, &M du BMW Nim for ao&itks eatndr�X BezkMa be, 7. w6m the for B minimal adtsrse impacO m NWP 26 new and atolGed rn rsguhtiwus dntwffi resudtin roedy &clap fix lrtriiders who eo- landowner mum apply an only which requrtra the Corps m take wu�imds 5m¢ Ihry was f ts[ in. placemrnt permobemmeefirs countavxdands as they eievelop allow hooka the speoSepre jest hoduced in IM the NWPs bave five. Nald rs and developers vM bud, site.The landowner uabousually smdesgoneWMx2lrtvisMM face thefolbw)n krdMtions 7Lenewandmodifiedpermits required to mitigate, or ofEsc% NWP26hasbeenthemcAuvc • The new Pcr apply to all for Nadonwide Permit 26 under any km of wcdands Mace mibga- ful wtflaads permit to builders nontidal waters lbws are not ad - Sec. 404 of the Clean liter Act tionis gpieallyregimn cdunderaand develope mburabo the most witb new lirnitations, [P. On average, it takes 373der controversial. NWP 26 allowed wa jacentto ddaltees_ ■ Ptojecb affecting mote than come quire Wrote paperwork and will to get an )P approval Son die fills of tip to dM56 acres in !So-,*onebalf of an acre will not be be Iew usd'ul for hum builders, Corps. laced waters, or above the head- able to rue the NWft lard &-elopers and other prop- erryownem Asa result.moreand more projab will be roqu iy to seek approval through the lengthy individual "permrmng process, and more and more builders will faux suberantial de- lays in their devektpmenteffonz _ - Wtilands have been defined ct wm* broadly under federal policy. They can include areas that are wet asfew as seven dayaa year,l8 inches below the ground surface. Under Sec. 404 of the Clean Water Act, anyone who �• ` � wens to fill or otherwise add car umb into a wetland nnnt firm <^ obtain a Permit from the Corps Om Sec. 404 program_ Theta are two apes of wetlands permits — Individual FM t14t W -- Ma/itws of via asa• Male •dd IMIll haaNset �lIsek N a IM f Mi I Permits (IF) and general or "Na- teiWq sttetiaea "a vatp+eiieagp self peaAY ttM tteiiiawala[ plkl lhls hs eft [steel psta!!r, k's a tts;rsarfla pifsf. it• Gogs toy M tiorrmw Pemriu (KM. phag nstth tw far le wdim6 roPlod a ootl b leaMlat ltsttYor satt�eMaNeN owni�k ■ f3opm affecting pore than oncuenth of an acre or more than 300 linear feet of a struambed WA remme additional • The NWPh cannot he used in Critical rcenturl- wasen (such as nabonal wild and scenic rivers. marine ancmades, and critical habitat for endangered and duvatcood specks). • The NWPs cannot to used in floodptains downmrean of the point where the awsalc atmunl amm flow is greater than five cubic feet (Gtrfaadenpgr B) x e m LO LOO rn (A ti LD w 0 rn 0 HODGE Fax:9496613791 Apr 27 '00 13:07 P.04 New Wetlands Permits A Setback for Housing (C�dnu,dj wp4gr2) persecond. "Iihe Corps new one4ulf arse limit fot the use of the wedands Nationwide Permit 39, the re- placement permit for NWP 26, oil! have a profoundly negative eF test on the ability of builders to develop land and build homes in a reasonable time frwne while proteedthg the envlronmenL'said NAHB i4eadentRobert 1lfiuhell. 'As a result of this iBsdtised deci. sion by the Coups, butideia can err pest delays of months or even a year if they cannot avoid the small, depresdotul areas of erect• 64 dry land on their sign that qu a*aswedands." "The new onehalf acre limita. [ion on the use of NWP 39 will mean that between 40% and 60% Of the projects tat would have qualified for a nationwide permit will now have to go into the longer and significantly More complicated individual permit. ting process." States such as Gdifornia erpe& encing an acute shortage of new housing could see community wide delays atrotciung formonths or even a year as a result of the AM N" MgUladon& State way agenp� w pone road maintenance efforts m remove public safety latatds, and Communities Alsy encoun ter dif& culties conducting routine and timely maintenance on st"MmA. ter toaoagement fadlitin as a re. Ault of the Cotpe decision. NAHB is asking Congress to conduct a f ib4cale investigation of the Corps' decision4nalting process for the new NWA. 7Le nation's home builders are also urging Ran Pacitirrd (s R4AiliEto �) can fpport or a delay In adopting these rules until C.ougtess reviews diem. NATION-S SU1LDINO NEWS . tt Lawsualt -by Builders Contends Wetlands Permits Are Illegal intent and 0�� ion's home againra e°t'�esPiOOatr..sar reg' havefikdat Win create an tUmunwU.S. District u � � is evi• Court for theme deuce to mbdwttiaw that Emit of Colunbia chztlrg and oar U.S. Army CwP6 dN b�alfacre is needed• Um =6 modified _ the Underther�*�t'tversion vPwtlar� permit NW 26 � of f1W: Y6 up tO �`n no mdoaal bati&go begone. the agency s authority under the peau Water An and trill resrdt in a bktted busrauaaci instead envizionedbyCougm-0- besevesbaltilh Cm*,.,ompkx mid Unnecessary tretba& regautio s' the Can* � for Pub - tic and privy sector projecta .r.wdw country- _ _ submis and WV Cities alike ate about to bebitwitha newtraved the doe ewne� add wm � fbrfnrvicd proles raniitu8 from highway to storntwatcr s anMe nenj wmainteuau+r nark and toj&g dcic�'a` laid NAM pynpidentRobarl tlorO+o aratfsia of the rego- yttoss Sods to an egnaksesions coodusion, The Corps has ex- ceeded it, authority under the t?rrn Water Act.' N" Lased its March 10 hw- suit—a cbAenge to the Corps' action an the pfcOOm day —011 71ts t c Corps tt 7 Principles: aulumnu- alerts acorn is breaking the law ■ "hc Corps rhe Corps' decision got ,he Corps' March 9 Mk tcgU- la�tessx actrv%Omasme � ma nab from of war ruled im' U under ` 106 courta�ruled that the Cote ef when matt out}'=idd pawsriakare added wvrcdaads. The corps an also IN, rc Tm upbmd br>$es rang saint N�feet 00o"d wet bdieves this is Ukp ltecaw the Clean Weer Act only apowsthe corps mregu- hw waters, and wedmwl6 not dry 14and areas congress intended far the Nll'P prm`O9F to be dHcK"1 and ,,,,-,,,,, vxd,tut the h(wcb 9rak is so cornPteat that the Crops OW tide W,fina � talc forinelG NAIM fiuther contmds• At the I— mtld be filled its reptacarsen' very tthe new rules will permit,9i'P N39, Wwetstltask+t eoj, p �, ' the irtibat admit rc to one4 ali acre. The Gorps has vtt'w drat appucants ww notexplained why the pttor t3a4 �ng P{Ot� be required to pent efnettive dalds were t3t;m to kwt* the use 1°gp�urtttermenormsment- a Corps has of the pamlib- chosen to ignO!e taspormt evr dNWP 2G fit qgA and ere rnoK than acres m vwands mitt- gation in a for umtwid- under N of R 4 wedaDds acres In 199k NWF prom I'd ordy I", of all wedandsimpacts' yet WWp 26 was seWonable for 40%dwc9andstrJ6 Oon- i�np slat` e 1991 Wgp26 UptOiDacres INSIONSIMEN ]996 %wp 26 up to 3 arm, or up to 500 final fettof strew bed ta�sarw�!� �00 t1Wp 39 Up to 119 acre w up tO 3DO Lirtear irepjates tiWP 26) feet of stream bed ED m tsiTcetonruronums, 3 n rn tvance notice needed � ry i'C!I w A�7 KH nextvreen 1yy Pot neOver one- _.day"needed for fiUs Over tntAedb acre_ plus an additiOW 30 days for Crops to deem NWP appUcation OuclOete z ti w 0 140 v m HODGE Fax:9496613791 77le concept of a Mmndiaed Pertni"Procm underSee�� to have, 904 died PlIce with the re. rya AvastNARZ number ofVdW Ptimic Pmj. will and ' be fun- neled in the inditiduW Permit Pest, and widest a mRutter of Aft Aonths file Cotpt can ant Intl rn ts rI ttyas�5,� '�rnare*thatm could be forced Pam uw org into fire bull" �°iaingP� dtbysar ng tbe 'Went Robot officials to�� m and r�cd N" �n�w yea 26 to Meet with man- reeohe dream maturity to �O1A8t1Yconditions and nowtmtrto thePs that itu o � the tenaedh•11iiU atco in- con NndoArrodation of Vome "an was 6kd ink the e Duni& gl'En. Court a ua as Case Ml;tDie0 Of Cot79. Apr 27 13.08 P.06 0 I N V O I C E HODGE & ASSOCIATES 24040 Camino Del Avion Suite A247 Monarch Beach, CA 92629 (949) 661-6488 Bill City of Newport Beach To: Patricia Temple, Planning Dept P.O. Box 1768 Newport Beach„ CA 92658-8915 Date Invoice 27 Apr'00 2353 PO Number Terms Project Net 30 Big Cyn Pond Quantity Description Rate Amount 40 3/27/00 Prepartion of 1st draft of Initial 85.00 3,400.00 thru Study & Mitigated Negative 4/24/00 Declaration,includes site visit. (Task #1). Reimbursable: 30 4/24/00 Auto Mileage - Laguna Niguel to 0.325 9.75 Big Canyon Country Club (project site visit). ?Jt r�cc rari five �} j ► feq APPROVED FOR PAYMENT BY Planning -Director 700- �OoO ACCOUNT NO.: Tax ID# 555259493 OiA. � `. �� �`-`^'� TOTAL: 3,409.75 Original 'PAYMENT CITY OF AUTHORIZATION NEWPORT BEACH Demand of: Hodge & Associates Bill Langston Address: 24040 Camino Del Avion Suite A247 Monarch Beach, CA 92629 (949) 661-6488 - Tel. Date: 05/17/2000 Dept. PlanningBldng Amount: $3,409.75 Item of Expenditure Invoice No. Budget No. Amount Preparation of 1st draft of Initial Study & Mitigated 2353 2700-5000 $3,400.00 Negative Declaration, includes site visit. Reimbursable expenses 2353 2700-5000 $9.75 TOTAL $3,409.75 Comments/Special Instructions: Invoice attached. Department Approval: Date: Accounting Manager Approval: Date: Finance Director Approval: Date: Transmittal Form Archives http://intra.ps mas.com/project/transmittal/transprint.cfm?tb_id=171( PSOMAS 11444 West Olympic Blvd West Los Angeles, CA 90064-1549 310-954-3700 310-954.3777 Fax Date: 4/14/00 Job No. 2BIG0101 Project: Big Canyon Storm Drain Project/1 Big Canyon Drive To: Mr. Jay Garcia CITY OF NEWPORT BEACH PLANNING DEPARTMENT 3300 Newport Boulevard Newport Beach, CA 92663 JWe Are Transmitting: ia: or Your:lease:— [✓, Per Your Request ❑ Mail R Approval n Acknowledge R] Enclosed © Overnight Q Review and Comment ❑ Return Enclosures ❑ Under separate cover 0 UPS Distribution [J Respond By: ❑ Prints ❑ Messenger Information/Files ❑ Transparencies 0 Hand ❑ Signature ® Specifications 0 Fed Ex 0 Diskettes ®Fax 0 FTP / E-Mail Enclosures: (If enclosures are not as noted, us Evaluation of Biological Resources 4/13/00 Jurisdictional Wetlands, Streambeds and Waters of the United States 4/13/00 [emarks• Enclosed are the studies requested as part of the environmental review of the Big Canyon Storm Drain Project. Copies have also been provided to Cheryle Hodge for incorporation into the initial study and environmental documentation, as deemed appropriate. Please call me if you have any questions or need additional information. Jennifer Issued By: Jennifer Kurlak Copies To: With Enclosures: Cheryle Hodge, Hodge & Associates (1 copy/via messenger) Bill Langston, Snyder Langston (1 copy/via hand) 1 of 1 4/14/00 8:27 AM CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658.8915 BUILDING DEPARTMENT - (949) 644-3288 FEE RECEIPT �J /� Date ' '% Plan Check No. Received By. Received From I Job Address Building Plan Check.....................................................................2900-5002 Zoning Plan Check (Architectural)...............................................2700.5003 Zoning Plan Check (Grading)......................................................2700-5003 Grading Plan Check - Cu. Yds...................................................... 2900-5004 FirePlan Check.............................................................................2330-5055 ElectricPlan Check ................................... .................................... 2900-4612 Plumbing Plan Check....................................................................2900-4616 Mechanical Plan Check.................................................................2900-4618 Overtime Plan Check - Building...................................................2900-5023 Overtime Plan Check - Grading...................................................2900-5004 Overtime Plan Check - Planning..................................................2700-5003 Preliminary Code Compliance Review.........................................2900.5002 Reinspection B E H P/Special Inspection ............................... k.... 2900-5008 Reinspection Fire..........................................................................2330-5050 Temporary Electric .......................................... 1C �...... 2900-4612 Temporary Gas ....................... t............................D; ....... aS$ .....2900.4616 Temporary Certificate of Occupancy........... ? ZJ.............. 2900-5008 Underground Utilities Waiver .......................... .&'0�................... 010-2225 Grease Interceptor ....................................... C-0.............l._.,.............2900-4620 Planning Department Fees ...... c :.......=C N"'lt`.-" !.a...........2700-5000 Sale of Maps & Publications.........................................................2700-5812 Determination of Unreasonable Hardship...................................2900-5018 Microfilm Copies/Photocopies.......................................................010-2263 $ Other(Specify).............................................................................. $ TOTAL FEES $ AS40.00 Fee Receipt No. N (G 7' ? NOTICE: PLAN CHECK EXPIRES 180 DAYS FROM DATE OF SUBMITTAL (f\feercpt.198) 3300 Newport Boulevard, Newport Beach Garcia, Jay From: Garcia, Jay Sent: Wednesday, March 22, 2000 9:51 PM To: Marrelli, Marina Cc: Kain, Robert Subject: Big Canyon Storrs Drain Neg Dec I left the proposal and authorization forms on your chair. I left a message with Bill Langston regarding the proposal and he will contact you tomorrow. If you will tell him the cost of the proposal and to come in with a check and be prepared to sign the contract authorization so that you can fax it to Cheryle Hodge to begin work. I will call you tomorrow to see how it went. Thanks alot. Hopefully you or Robert can help him tomorrow. U C1 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658.8915 PLANNING DEPARTMENT (949) 644-3200 March 22, 2000 VIA FAX AND MAIL Hodge and Associates 24040 Camino del Avion, Suite A-247 Monarch Beach, CA 92629 Attention: Cheryle Hodge Subject: Environmental Study for the Bit, Canyon Storm Drain Proiect One Bit, Canyon Drive CONTRACT APPROVAL: Approved By: Javier S. Garcia, AICP Title: Senior Planner Firm: City of Newport Beach Consultant: Hodge and Associates 24040 Camino del Avion, Suite A-247 Monarch Beach, CA 92629 Project Address: One Big Canyon Drive Date of Proposal: March 21, 2000, copy of proposal attached and on file. $ 4,840.00 Budget with the understanding that modifications to the study may result in additional charges and that the balance will be due upon notice from thr .City of Newport Beach. Also subject to final determination on the optional studies recommended. Project Applicant: Applicant Approval: PLANNING DEPARTMENT BY: Q� - Ja ier Garcia XICP, Senior Planner F:\USERS\SfIAREDXIPLANCOM\PENDING\BIGCANYON\CONTItACT 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH PP BL OAPTNING DEPARRTMENT (049) 644-320015 March 22, 2000 VIA FAX AND MAIL Big Canyon Country Club 1 Big Canyon Drive Newport Beach, CA 92663 Attention: Bill Langston Subject: Environmental Study for the Big Canyon Storm Drain Proiect One Big Canyon Drive Dear Mr. Langston: Enclosed please find a copy of a proposal submitted by Hodge Associates Consulting regarding the preparation of an environmental initial study for the proposed Storm Drain Project located at One Big Canyon Drive. The proposal contains an outline of the required work, schedule of time, and estimated fee required for preparation of the task. The requested Consultant fees have been reviewed by the City and are considered appropriate and warranted. The fees are as follows. Consultant Fees $4,840.00 City Fees (Deposit) 354.00 Total Request: $ 5,194.00 City Fees (Deposited) 354.00 $ 4,840.00 Please submit a check in the amount of $ 4,840.00 payable to the City of Newport Beach and sign and return the enclosed authorization. Your prompt response in this matter is appreciated. Sincerely, PATRICIA L. TEMPLE, Planning Director BY 4avier S. Ga1'dia, AICP Senior Planner attachment: Copy of Consultant Proposal Contract Authorization M... hSHAREDhI PLANCO WENDINGIOC.EQUINEPKNCONSCOST I The City Fees include an initial deposit with draws based on City Staff time at a loaded hourly rate. The applicant will be billed for additional deposits ($100.00 increments) when the City Fee's balance reaches $100.00 3300 Newport Boulevard, Newport Beach r� HODGE AND ASSOCIATES March 21, 2000 Mr. Javier S. Garcia, AICP, Senior Planner City of Newport Beach, Planning Department 3300 Newport Boulevard Newport Beach, California 92658 SUBJECT: Proposal for Environmental Consultant Services — Proposed Big Canyon Country Club Storm Drain Project. Dear Mr. Garcia: On behalf of Hodge & Associates, I am pleased to present you with this proposal for environmental consultant services for the proposed Big Canyon Country Club Storm Drain Project. The attached proposal describes the project scope of services to be provided by Hodge & Associates as well as a preliminary CEQA processing schedule and budget. The project site is located within the jurisdictional boundaries of the City of Newport Beach at One Big Canyon at the Big Canyon Country Club. The existing project site contains an artificial pond located northeast of the clubhouse. It is our understanding that the project applicant, Big Canyon Country Club, is requesting necessary permits to place fill materials within the pond and construct associated improvements. The project is described in more detail in the attached proposal. The following briefly describes the attached proposal. Project Scope The following is a brief listing of the consultant services presented in attachment: • Preliminary Analysis, Research and CEQA Document (IS/MND) Preparation • Consultation with City staff • Preparation of Public Notices (includes IS/MND notice, hearing notice & Notice of Determination) • Filing/Posting of Public Notices (City Clerk, County Clerk, project site posting) • Preparation of CEQA Findings • Attend up to three (3) meetings with City staff and one (1) public hearing Schedule A preliminary schedule for the project is included in the attached proposal (page 5). The ability to meet this schedule will depend on response to requests for information and/or material from City staff and/or the project applicant. The schedule identifies an aggressive timeframe for the preparation and processing of the CEQA documentation. Hodge & Associates is available to start 24040 CAMINO DEL AVION • SUITE A-247 • MONARCH BEACH, CA 92629 • TEL: 949/661-6488 • FAX: 949/661-3791 G Mr. Garcia Big Canyon Country Club Page Two work immediately upon receipt of written authorization to proceed. The first draft of the CEQA document would be submitted to the City within 2 to 3 weeks from the date of authorization to start work. However, if a biological resources study is required for the project (& CEQA document), the biological study may take between 4 to 6 weeks to complete. Cost Estimate Hodge and Associates proposal is for time and materials in accordance with the attached Schedule of Fees and general conditions thereto. Reimbursable expenses such as printing, graphics, word processing, delivery are billed at cost. Our estimate for the total costs for the services presented in the attached proposal is $4,840.00 (without biological resource assessment). We've also included as an optional task conducting a biological resources survey. It is our understanding that the project activities may be subject to permit requirements by the U.S. Army Corps of Engineers and the California Department of Fish & Game. We have included a cost estimate for the biological assessment obtained from L&L Environmental, Inc. in case the City and/or applicant prefer that we include this as part of the CEQA services. The cost estimate provided includes a general biological survey ($2,400.00) and wetland delineation ($2,100). If both the general survey and wetland delineation is added to the Hodge & Associates cost estimate the total is $9,340.00. The qualifications of L&L Environmental, Inc. are presented in the appendix of the attached proposal. This proposal shall be considered valid for an authorization date up to June 30, 2000, and project completion date up to December 29, 2000. Project completion is evidenced by a final City action on the project and filing/posting of the Notice of Determination. Should you have any questions, please call me at (949) 661-6488. Sincerely, A41 pa�5Q Cheryle L. Hodge HODGE AND ASSOCIATES Attachment 0 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 PLANNING DEPARTMENT March 10, 2000 Hodge and Associates 24040 Camino del Avion, Suite A-247 Monarch Beach, CA 92629 Attention: Cheryle Hodge Subject: Big Canyon Storm Drain Project One Big Canyon Dear Ms. Hodge: The City of Newport Beach has received an application for a storm drain project located within the streambed line in Big Canyon site located at One Big Canyon, Big Canyon Country Club in the City of Newport Beach. The proposed facility would require an environmental document to determine the environmental impact of the subject proposal. I have included the numbers of other entities that I have been in contact with and that will have input on the report requirements. Please feel free to contact them to help you develop the scope of work. The City invites you to submit a proposal to prepare an environmental document for this project. If you are interested, please submit a proposal to the City including project tasks, budget, and timing, at your earliest convenience. Two copies of the site plan and area breakdown of uses have been included for your information and use. Should you have any questions or would like more information regarding this project, please contact me at (949) 644-3206. Very truly yours, By Javier S. GarcNiJ AICP Senior Planner Attachment: Information from the Applicant Describing the Proposed Operation Copies (2) of Proposed Plan F:\USERS\PLN11 PLANCOMNENDING\BIGCYN-HODGE 3300 Newport Boulevard, Newport Beach rI CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 BUILDING DEPARTMENT - (949) 644-3288 FEE RECEIPT Date 2' Vi% Plan Check No. Received By:— F ✓ C ,CALI N1-to. ��u Recei ed From 6 (ob Addres Building Plan Check..................................................................... 2900-5002 $ ZoningPlan Check....................................................................... 2700-5003 $ Grading Plan Check.................................................................... 2900-5004 $ Fire Plan Check............................................................................ 2330-5055 $ Electric Plan Check...................................................................... 2900-4612 Plumbing Plan Check................................................................... 2900-4616 Mechanical Plan Check................................................................ 2900-4618 $ Overtime Plan Check - Building .................................................. 2900-5023 $ Overtime Plan Check - Grading ................................................... 2900-5004 $ Overtime Plan Check - Planning ................................................. 2700-5003 $ Preliminary Code Compliance Review ......................................... 2900-5002 $ Reinspection B E M P/Special Inspection .................................... 2900-5008 $ Reinspection Fire.......................................................................... 2330-5050 $ Temporary Certificate of Occupancy ........................................... 2900-5008 $ Underground Utilities Waiver ..................................................... 010-2225. $ Energy Compliance ................. .... ...................... A!......►�..(7.1'.kfl.'.{ ho.A.... 2900-5017 !. 2700-5000 $ $ ' Planning Department Fees .. s��! Sale of Maps & Publications (Planning) ...................................... 2700-5812 $ Determination of Unreasonable Hardship .................................. 2900-5018 $ Copies/ Misc................................................................................. 2900-5019 $ Microfilm.......................................................................................010-2263 $ Other (Specify).....................:......................PAID........................... $ FEB 2 4 2000 TOTAL FEES $ 5 l CITY OF NEWPORT BEACI Fee Receipt No. fi ' 2{ t NOTICE: PLAN CHECK EXPIRES 180 DAYS FROM DATE OF SUBMITTAL (f\feercpt.12/99) 3300 Newport Boulevard, Newport Beach ENVIRONMENTAL INFORMATION ARM City of Newport Beach Planning Department 3300 Newport Boulevard, Newport Beach, CA 92663 (949) 644-3200 A. General Information Applicant/Agent:Psomas c/o Ms. Jennifer Kurlak Phone: 714/751-7373 Address: 3187 Red Hill Avenue, Suite 250, Costa Mesa, CA 92626 Big Canyon Country Club 2. Property Owner: Contact: Mr. Gary Sanger Phone: 949/823-6915 Address: 1 Big Canyon Drive, Newport Beach, CA 92660 B. ProiectDescrintion Please attach the following materials for the project: • Vicinity map • Plans drawn to scale • Proposed revisions to zoning map • At least 3 different site photos mounted and text using underline and on 8 1/2 X 11 cardboard with a key map stfikeeut notation, if applicable showing the photo locations and direction of view 1. Project name: Big Canyon Country Club Pond Fill 2. Project location: 1 Big Canyon Drive 3. Assessor's parcel #: 442-032-069 4. Permit application #: N/A 5a. Proposeduse: Fill the existing artificial pond adjacent to the Clubhouse and driving range. See attached "Project Description." 5b. Project size (dwelling units, gross floor area, etc.) : Pond is approximately 28,000 sq . ft. Se. Site size: N/A 5d. Building height: N/A 6. Existing land use designations: General Plan: Recreational/Open Space Zoning: Open Space Specific Plan: LCP: 7. Previous governmental approvals: 8. Other governmental approvals required: Federal: U.S. Army Corps of Eng.' - State: Dept. of Fish & Game - Notice of Section 404 Permit Lake or Streambed Alteration Regional: RWQCB - 401 Water Quality Local: None. Certification 9. Begin construction: Upon Approval Estimated occupancy: N/A (date) (date) Certification I certify that the statements furnished above and in the attached exhibits are correct and complete to the best of my knowledge and belief. I am the legal owner of the property that is the subject of this application or have been authorized by the owner to act on his behalf regarding this application. I further acknowledge that any false statements or information presented herein may result in the revocation of any approval or permit granted on the basis of this information. " "V E LA U&S -t-A 1 W Date 2— Z </-10 <i Print name of owner or representative and Title /iigafnature For Office Use Date filed: Fee: Receipt No: F.\USERS\PLN\SHARED\1FORMS\1 ENV-INF.DOC PAID 7 LU FEB 2 4 2000 CITY OF NEWPORT BEAU LE Rev. 5-28-99 PROJECT DESCRIPTION The subject property is an existing artificial pond at Big Canyon Country Club in Newport Beach. More specifically, the pond is located just to the northeast of the Clubhouse. There is a putting green to the west, the cart barn parking structure to the south, the driving range to the east, and single-family homes up the slope to the north. Due to the considerable build up of algae in the pond and the resulting noxious odors emitted, the property owner, Big Canyon Country Club, is requesting the necessary permits to place fill materials within the pond and construct associated improvements. The filling of the pond will involve minor grading and the installation of pipes which will connect to the existing storm drains, and direct and control drainage in and around the subject site. The pond, once filled, will be landscaped and possibly replaced with a putting green to compliment the adjacent golf course uses. The ancillary improvements include removal of portions of the existing concrete cart paths and construction of new cart paths, adjustment of adjacent manholes to grade, and the relocation of an existing water line, if necessary. To the extent feasible, existing landscaping within and on the banks of the pond will be salvaged and re -planted. ENVIRONMENTAL INFORMATION FORM (CONTINUED...) City of Newport Beach Planning Department C. Potential Environmental Effects 1. Land Use Planning a) The project site is defined as the pond itself as well as those adjacent areas which will be affected by ancillary improvements. There are no existing structures on -site. Adjacent to the pond on the south is a cart barn parking structure. A hill slopes up from the north bank of the pond and single-family homes are located at the top of this slope, about 30 feet above the pond's water line. There are two putting greens to the west, the driving range to the east, and the eighteenth green to the southeast. The Clubhouse is to the southwest. b) As part of the overall golf course facility, the proposed project will still conform to the existing land use plan of recreation and open space, and with property regulations. c) The proposed filling of the pond will not adversely affect surrounding land uses. The proposed landscaping and possible additional putting green are not only compatible with the golf course environment, but will compliment both the putting greens and driving range which exist in the immediate vicinity. 2. Population/Housing/Employment a) Not applicable. b) The proposed project is not expected to increase the number of employees or members of Big Canyon Country Club. 3. Earth (Geologic Problems) It is estimated that the project will involve 500 cubic yards of excavation, 18,000 cubic yards of embankment, and 17,500 cubic yards of import. These are pure volume quantities only and do not include any overexcavation, shrinkage, subsidence, or trenching of footing spoil. Geotechnical and/or soils investigations have not yet been conducted, however, compaction criteria and specifications for the soil will be submitted to the City for review and approval prior to the commencement of the project. Please refer to the precise grading plan, a copy of which is enclosed, for topography, erosion control, and general grading notes. 4. Water Currently, the pond flows into an existing storm drain system which then carries the water to the bay. With the filling of the pond, the existing storm drain system will remain. The only difference is that instead of water flowing through the pond, it will flow through pipes to be placed in the area of the pond that will connect to the existing storm drain system. Consequently, there will be no adverse impacts. 5. Air Quality Any dust generated during construction will be controlled by watering and/or dust palliative. 6. Transportation/Circulation/ParkinE No changes or improvements to the existing circulation system are proposed as part of the project, nor will the project impact parking requirements. 7. Biological Resources The existing vegetation consists of sycamore and coral trees, as well as numerous other smaller trees, grasses, and shrubs. To the extent feasible, vegetation in and around the pond that is affected by the placement of fill materials will be salvaged and re -planted, either on the project site or elsewhere within Big Canyon Country Club. Ducks inhabit the pond. No known fish are in the pond, as it has historically been drained. 8. Energy and Mineral Resources Not applicable. 9. Public Health and Safety Not applicable. 10. Noise No additional noise will be generated by the proposed project. Noise generated during construction will be controlled pursuant to Section 10-28 of the Newport Beach Municipal Code. 11. Public Services Not applicable. 12. Utilities and Service Systems Not applicable. 13. Aesthetics The proposed landscaping and possible putting green which are proposed to replace the existing pond will not obstruct any scenic vista or view open to the public. Any new landscaping planted will not exceed the height of that which now exists around the pond. Consequently, private views of the homeowners to the north will not be impacted. Light and Glare Not applicable. 14. Cultural and Historic Resources Not applicable. 15. Recreation The proposed project will not substantially change the recreational opportunities currently provided by Big Canyon Country Club. C. Potential Environmental Effects On a separate page, please provide the following information. If the question is not applicable, indicate "Not applicable" or "None". 1. Land Use and Planning Describe: a) the existing land uses and structures on the project site and on adjacent parcels; b) the projeces conformance with existing land use plans and regulations for the property; and c) its compatibility with surrounding land uses. 2. Population/HousinrVEm lloovment a. If the project is residential, please explain how the project will, comply with the affordable housing policies contained in the Housing Element of the General Plan, and the average household size expected. b. If the project is commercial, industrial, or institutional, please identify the tenants and/or uses and the estimated number of employees. 3. Earth (Geologic Problems Please describe the earthwork that will be required for the project. Include grading quantities, and the location of borrow or stockpile sites, and haul routes, if applicable. Describe any geotechnical or soils investigations that have been conducted. Include exhibits showing existing and proposed topography, retaining walls, and erosion control devices. 4. Water Describe existing and proposed site drainage, and measures that will be employed to reduce erosion and prevent contaminated runoff from entering the storm drain system, groundwater or surface water. Describe any changes that could occur in groundwater levels or bodies of surface water. Is the project located in a flood hazard zone? 5. Air Ouali Describe any air emissions or odors that could result from the project, including emissions during construction, and any measures that are proposed to reduce these emissions. 6. Transportation/Circulation/Parkine Please describe how the project will comply with parking regulations, and identify any changes or improvements to the circulation system that are proposed as part of the project. Biological Resources Describe the existing vegetation on the site, and any trees or large shrubs that are to be removed. Identify any fish or wildlife that inhabit the site. 8. Energy and Mineral Resources Describe the affect on any adopted energy conservation plan, use of nonrenewable resources and whether the project will result in the loss of any known mineral resource of future value to the region and residents of the State. Public Health and Safetv Identify any aspects of the project that could present a risk to public health due to normal operations, or due to an explosion or the release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation) in the event of an accident or spill. Is there any possibility that the site could be contaminated due to previous uses or dumping? If so, what measures are proposed to eliminate the hazard or contamination? 10. Noise Describe any sources of noise that impact the site, and any noise -generating equipment that will be utilized on the property, either during construction or after occupancy. What means to reduce noise impacts on surrounding properties or building occupants are proposed? 11. Public Services Please identify whether adequate capacity currently exists for the following public services and utilities. If expansion is needed, explain how it will be accomplished. Please attach any written confirmation of capacity you have received from service providers. • Fire protection • Police protection • Schools • Maintenance of Public facilities, including roadways • Other Government Services 12. Utilities and Service Systems Please identify whether adequate capacity currently exists for the following public services and utilities. If expansion is needed, explain how it will be accomplished. Please attach any written confirmation of capacity you have received from service providers. • Natural gas • Communications Systems • Local or regional water treatment or distribution facilities • Sewer systems or septic tanks • Storm water drainage systems • Solid waste and disposal Police protection • Local or regional water supplies 13. Aesthetics Describe whether the project could potentially obstruct any scenic vista or view open to the public, or create an aesthetically offensive site open to public view. Could the project block any private views? Liehtand Glare Describe exterior lighting that is proposed for the project and means that will be utilized to reduce light and glare impacts on surrounding properties. 14. Cultural and Historic Resources Please indicate whether any archaeological or paleontological surveys have been done on the site. Could the project result in any adverse physical or aesthetic effects to any building, structure, or object having historical, cultural, or religious significance? 15. 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OG P`1 �'et�' nx d�° m ! �.:.) xm70 O ♦� v eL ty uuim VIEN .S F pR ' E°�r�'gyE Cf '�•3'F i'r'§ i o 0 9 `c( 00 r pi xRr Pa r,. y' �- t' • •�'r+�r � as w oo w typ- 4•/ r cT�J L psrluxx "FIELIOR(AL oT BO tE Hf ' - 4 s,_?. •., ct �' nr a c N 3' ri _ amA2Lsxr a cvmxr G . L ^ L - - - SEE 919 MAP 0 -47 91� �o.,+G��.�om47a9, .%rvra �✓8 9P6'16' February 23,2000 David Voorhees Big Canyon Country Club 1 Big Canyon Drive Newport Beach, CA 92660 Re: BIG CANYON COMMUNITY ASSOCIATION Corporate Grant Deed Dear Mr. Voorhees: Via FAX (949) 720-9338 As the management agent for the Big Canyon Community Association, I have been directed to contact the club for the following concern. The Association has become aware of a 1974 Corporate Grant Deed providing certain conditions that both the Country Club and the Community Association should be adhering to. Be advised that we have forwarded the referenced document to our legal council for review and they will be in touch with you directly. Although the Corporate Grant Deed dictates that arbitration should be used, we believe a meeting is required now to review and discuss some of the issues highlighted in the document. Possibly we can discuss this at our March 1, 2000 meeting. We also request the Country Club to formally advise us if they know of any other existing document that covers conditions, restrictions or other pertinent matter between the Club and the Association. Sincerely, Michael T. Kubas, PCAMO, CCAMO Property Manager Villageway Management, Inc. At the Direction of the Board of Directors MTK:mk cc: Canyon.Hills Community Association City of Newport Beach, Planning Department (via mail & fax) Denise Iger — Feldsott, Lee & Feinberg (via mail & fax) \\Vill3geway0I\pr0jects\Big Canyon 050V.egal\DAVII) VOORHEES . CORPORATE GRANT DEED ISSUE - 2.23.00.DOC RECEIVED BY PLANNING DEPARTMENT CITY OF NEWPORT EEACI-I AM FEB 16 2000 PM gIg1911011111211i213141816 City of Newport Beach Planning Department Ms. Patricia Temple Director of Planning 3300 Newport Boulevard Newport Beach Ca 92660 Dear Ms. Temple, Thank you for the meeting Friday February 11 a regarding the Big Canyon Country Club landfill of the lake on the driving range. I am delighted you have ordered an environmental impact study performed before issuing the grading permit, and also a required fish and game permit from the Dept. of Fish and Game. Being that my attorney found language in the deed restrictions stating that the lake on the driving range is not to be altered unless approved by the Home Owners Association and the Board has voted against the landfill, this will put an end to the entire matter. Again, thank you for our meeting, and I greatly appreciate your involvement regarding this very important matter. - �mcerely, � Candy Klieman cc. Jay Shafran Sonnenschein, Nath and Rosenthal cc. Jay Garcia City Planner cc. Aaron Setran Director E.P.A. cc. Hope Smythe Supervisor of Water Quality Regional Board cc. Jae Chung Army Corps of Engineers cc. Bernie Rome Board Member of Canyon Hills Association cc. Frank Hughes Board Member of Canyon Hills Association /SL/9/4S0-1S75/4as/9�J9/SdS-01A�/s mas�ums'@ce�°�xia�avm RECEIVED BY PLANNING DEPARTMENT CITY Op NIFlAMnQT ^EACH February 11, 2000 AM FEB 13 2000PM 7181911011111 � I l 1213 i 41616 David Voorhees Big Canyon Country Club' 1 Big Canyon Drive Newport Beach, CA 92660 Re: CANYON HILLS COMMUNITY ASSOCIATION Lake Modification Dear Mr. Voorhees: Via FAX (949) 720-9338 As the management agent for the Canyon Hills Community Association, I have been directed to make the club aware of the following concern. The Association has become aware of a 1974 Corporate Grant Deed which states, in part: "3 c Lakes. By accepting this Grant Deed, Grantee hereby covenants and agrees for itself, its successors and assigns that the location and configuration of lakes on the driving range located on the property conveyed hereby existing at the time of execution hereof shall not be substantially modified without the prior written consent of Canyon Hills Community Association, a California corporation." Although we understand that the Big Canyon Country Club has submitted some drawings to the City of Newport Beach, be advised that in accordance with the above noted Grant Deed conditions the Canyon Hills Community Association has not received any drawings for review and therefore any Big Canyon Country Club plans for construction in this area would be unapproved. The Canyon Hills Community Association reserves all rights. Sincerely, Michael T. Kubas, PCAMO, CCAM® Property Manager Villageway Management, Inc. At the Direction of the Board of Directors \�r'14M cc: Canyon Hills Community Association City of Newport Beach, Planning Department (via mail & fax) Denise Iger — Feldsott, Lee & Feinberg (via mail & fax) Mr. & Mrs. Klieman — 21 Lochmoor Mr. & Mrs. Hertel —19 Lochmoor \\VillagmayMprojects\Canyon Hills 008\Legal\DAVID VOORHEES -POND ISSUE-2-10.00.DOC Garcia, Jay • • From: Luy, Steve Sent: Tuesday, February 15, 200011:51 AM To: Garcia, Jay Subject: RE: Big Canyon Pond Fill-in County of Orange, Environmental Management Agency —Original Message — From: Garcia, Jay Sent: Tuesday, February 15, 200011:37 AM To: Luy, Steve Subject: RE: Big Canyon Pond Fill-in Lane is with what entity or Jurisdiction? —Original Message — From: Luy, Steve Sent: Tuesday, February 15, 200011:28 AM To: Garcia, Jay Subject: RE: Big Canyon Pond Fill-in Importance: High After talking to Lane Wizner at the County I was able to confirm that this is a special case, since it is an active water course, and any permit should go through the Santa Ana Regional Water Quality Control Board. Lane indicates that they will probably require special conditions on the permit. Their phone number is (909) 782-4130. —Original Message From: Garcia, Jay Sent: Tuesday, February 15, 200011:05 AM To: Luy, Steve Cc: Temple, Patty Subject: Big Canyon Pond Fill -In As a follow-up to our discussion, please look into NPDES requirements as they apply to the alteration of a streambed/active watercourse. Typically, there is a 5 acre minimum size requirement before NPDES applies. However, the question is whether there is a different requirement when a watercourse is involved. Also confirm that a Notice of Intent is still required to Water Quality Control Board. Garcia, Jay From: Sent: To: Subject: Unity Messaging System - EXCHANGE2 MIS Tuesday, Febru-- ^o nnnn en.no one Garcia, Jay Message from Candy KIleman 3:00 p.m. U. S. Army Corps of Engineers Regulation Branch Mr. Jae Chung 911 Wilshire Blvd. Los Angeles Ca. 90053 Dear Mr. Chung, PLANNING DE ARTMENT CITY OF NEWPoaT TEACH AM FEB 0 7 2000 PM 718191101111121112131415 6 Thank you for rescinding the " Non Jurisdictional letter" and proposed permit action you initially approved regarding Big Canyon Country Club landfill'impacting a natural streambed and pond. Could you please copy me on all correspondence sent from your office to Newport Beach City Planning Dept., Big Canyon C.C., and any other agencies that have jurisdiction of this property ie. Water Quality Regional Board 8 of Riverside, U.S. Fish and Wildlife, EPA, Coastal Commission, etc. If there is anything I must do on my end, please let me know. Thanks again, / i2 -ri-kv� Candy Klieman cc. Aaron Setran Wetlands Director EPA cc. Jay Shafran Sonnenschein, Nath, and Rosenthal cc. Jay Garcia Newport City Planner - cc. Hope Smythe Water Quality Regional Board Supervisor Candy Klieman 21 Lochmoor Lane Newport Beach Ca 92660 949 644 9546 949 644 9363 Fax • City of Newport Beach Planning Department Ms. Patricia Temple Director of Planning 3300 Newport Boulevard Newport Beach Ca 92660 Dear Ms. Temple, Thank you for the meeting Friday February I Ph regarding the Big Canyon Country Club landfill of the lake on the driving range. I am delighted you have ordered an environmental impact study performed before issuing the grading permit, and also a required fish and game permit from the Dept. of Fish and Game. Being that my attorney found language in the deed restrictions stating that the lake on the driving range is not to be altered unless approved by the Home Owners Association and the Board has voted against the landfill, this will put an end to the entire matter. Again, thank you for our meeting, and I greatly appreciate your involvement regarding this very important matter. incerely, Candy Klieman cc. Jay Shafran Sonnenschein, Nath and Rosenthal cc. Jay Garcia City Planner cc. Aaron Setran Director E.P.A. cc. Hope Smythe Supervisor of Water Quality Regional Board cc. Jae Chung Army Corps of Engineers cc. Bernie Rome Board Member of Canyon Hills Association cc. Frank Hughes Board Member of Canyon Hills Association FROM : AC SETRAN:U:S.EPA REGION FAX NO. : 714 389-0365 Feb. 02 2000 12:41PM P1 • Eoarn s ?I- �Ar% UNITED STATES ENVIRONMENTAL PROTECTION AGENCY gEGION IX 'nr,aoV_` 75 Hawthorne Street San Francisco, CA 94105.3901 2 February 2000 Mr. David Voorhees, General Manager Big Canyon Country Club Newport Beach,'CA Sent Via FAX: (949) 720-9338 Dear Mr. Voorhees: Mr. Jae Chung of theU.S. Army nforrned me that, based rps of Engineers, Los ringeles District (-the Corps" ), has information, he has rescinded his "non-juri)onBig Canyon tnal" determination for the water body (i.e., pond Country Club property for which plans had been prepared to fill for purposes of expanding the Club s golf course. That is, the "pond" has now been determined to be a 'water of the United States" by the Corps, and therefore, dredge and fill activities conducted in "waters of the United States" requires prior authorization from the Corps via Section 404 0£ the Clean Water Act. please be sure to have a section 404 permit prior to conducting any dredge and fill activities in this pond, and any other "water of the United States". If you have any questions regarding this matter you can contact me directly at (714) 389-0365. Thank you for your attention. sincerely, Aaron C. Setran, Biologist Wetlands Regulatory Office cc J. Chung, COE, Los Angeles, CA L. Garcia, RWQCB, Riverside, CA T. Dickerson, CADF&G, Long Beach, CA PIMICd w 8,ryd,d P-W Garcia, Jay • • From: Unity Messaging System - EXCHANGE2 MIS Sent: Friday, January 14, 2000 8:33 AM To: Garcia, Jay Subject: Message from an unidentified caller 9 VOIc Me ge � Leslie McNair 52MbQiakO=an.DFG Big Canyon 949-363-7538 562-590-5880 to request a streambed alteration packet 562-590-5132 to report a violation Jay Chung Corp of Engineer US Fish and Wildlife Service Judi Tamasi 2730 Loker Ave West Carlsbad CA 92008 760-431-9440 Lon& U a►uv " a usn C`'C() 1eZ' �'/311 r • • Garcia, Jay From: Unity Messaging System - EXCHANGE2 MIS Sent: Friday, January 14, 2000 8:33 AM To: Garcia, Jay Subject: Message from an unidentified caller SUD Vol"Memse Terry Dickerson DFG Big Canyon 949-363-7538 562-590-5880 to request a streambed alteration packet 562-590-5132 to report a violation PqNn Ctx� \ h�04fj �I Ot aj9l i Garcia, Jay From: Terri Stewart [TStewart@dfg.ca.gov] Sent: Monday, November 15, 1999 9:41 AM To: jgarcia@city.newport-beach.ca.us Subject: DFG letter regarding Park Newport Apts. attached R WordPeded Ol Terri Stewart Senior Biologist, Sup( Land Management ar South Coast Region (619)467-4209 fax 467-4239