The URL can be used to link to this page

Home My WebLink AboutDraft_Natural Resources Element Existing Conditions and Background Analysis_March2024 Natural Resources Element Existing Conditions and Background Analysis General Plan Update MARCH 2024 Prepared for: CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 Prepared by: 27372 Calle Arroyo San Juan Capistrano, California 92675 Printed on 30% post-consumer recycled material. i MARCH 2024 Table of Contents SECTION PAGE NO. Acronyms, Abbreviations, Key Terms .............................................................................................................................. iii Executive Summary ........................................................................................................................................................... 5 1. Introduction .......................................................................................................................................................... 6 1.1 Overview .................................................................................................................................................. 6 1.2 Element Purpose and Process ............................................................................................................... 6 2. General Plan and Regulatory Review .................................................................................................................. 7 2.1 Natural Resources in State Regulations and Guidance ....................................................................... 7 2.2 Natural Resources in the Adopted General Plan .................................................................................. 8 2.3 Natural Resources in Local Implementation ..................................................................................... 13 2.4 Summary and Findings ....................................................................................................................... 15 3. Existing Conditions ............................................................................................................................................ 16 3.1 Air Quality ............................................................................................................................................. 16 3.1.1 Non-Attainment Pollutants .................................................................................................... 17 3.1.2 Sources of Air Pollution in Newport Beach ........................................................................... 18 3.2 Biological Resources ........................................................................................................................... 21 3.2.1 Natural Communities Conservation Plan ............................................................................. 21 3.2.2 Endangered Species .............................................................................................................. 21 3.2.3 Marine Resources .................................................................................................................. 23 3.3 Mineral Resources .............................................................................................................................. 30 3.4 Archaeological and Paleontological Resources ................................................................................. 32 3.5 Rivers and Waterbodies ...................................................................................................................... 33 3.5.1 Upper Newport Bay ................................................................................................................ 33 3.5.2 Santa Ana River ..................................................................................................................... 35 3.6 Visual Resources ................................................................................................................................. 35 3.7 Water Conservation ............................................................................................................................. 40 3.8 Water Quality ....................................................................................................................................... 40 3.8.1 Drinking Water ....................................................................................................................... 40 3.8.2 Recreational Water ................................................................................................................ 41 3.9 Energy Conservation ........................................................................................................................... 41 4. Issues and Opportunities .................................................................................................................................. 42 4.1 Air Quality ............................................................................................................................................. 42 4.2 Biological Resources ........................................................................................................................... 42 4.3 Mineral Resources .............................................................................................................................. 43 GENERAL PLAN UPDATE / NATURAL RESOURCES ELEMENT EXISTING CONDITIONS AND BACKGROUND ANALYSIS ii MARCH 2024 4.4 Archaeological and Paleontological Resources ................................................................................. 43 4.5 Rivers and Waterbodies ...................................................................................................................... 43 4.6 Visual Resources ................................................................................................................................. 44 4.7 Water Conservation ............................................................................................................................. 44 4.8 Water Quality ....................................................................................................................................... 44 4.9 Energy Conservation ........................................................................................................................... 44 5. Recommendations ............................................................................................................................................ 45 5.1 Research Implementation of Additional Transportation Demand Management Strategies........... 45 5.2 Additional Protective Measures for Biological Resources ................................................................ 45 5.3 Identification of Visual Resources ...................................................................................................... 45 5.4 Conservation Education ...................................................................................................................... 46 6. Conclusions ....................................................................................................................................................... 47 TABLES Table 1. Natural Resources Element Relationship to Required Elements 7 Table 2. Natural Resources in the Adopted General Plan 8 Table 3. Local Implementation by Natural Resources Topic 13 Table 4. Air Pollutant Area Designation Status for Orange County 16 Table 5. Endangered or Threatened Flora and Fauna 22 iii MARCH 2024 Acronyms, Abbreviations, Key Terms Acronym/Abbreviation/Term Expanded Form µg/m3 micrograms per cubic meter CARB California Air Resources Board City City of Newport Beach EPA United States Environmental Protection Agency ESA environmental study area ESHA environmentally sensitive habitat area NOx nitrogen oxides PFAS per- and polyfluoroalkyl substances PM10 respirable particulate matter PM2.5 fine particulate matter ppm parts per million SCAQMD South Coast Air Quality Management District SO2 sulfur dioxide SRA Source Receptor Area GENERAL PLAN UPDATE / NATURAL RESOURCES ELEMENT EXISTING CONDITIONS AND BACKGROUND ANALYSIS iv MARCH 2024 INTENTIONALLY LEFT BLANK MARCH 2024 Executive Summary This report comprehensively assesses seven natural resource topics identified by the California Office of Planning and Research to be addressed in general plans to enhance the management and conservation of natural resources: air quality, biological resources, mineral resources, rivers and waterbodies, visual resources, water conservation, and water quality. It identifies how the City of Newport Beach (City) is already addressing these natural resource topics and how the City could further address natural resources through the General Plan Update, to preserve and improve the quality of these resources. The City implements the adopted Natural Resources Element though the Local Coastal Program including the Coastal Land Use Plan and Implementation Plan, the General Plan Implementation Program, the Newport Beach Municipal Code, and various other plans and policy documents focused on specific resource issues. Moreover, the City works closely with other local, state, and federal agencies to address regional issues and implement State and federal environmental laws. However, many of these plans and programs, including the General Plan, must be updated to reflect rapidly changing environmental, economic, and social conditions, comply with new State and federal laws, and respond to the needs and desires of the community. To best manage natural resources, the City should partner with local agencies, nonprofits, and residents who directly manage or support the conservation of natural resources. Air quality is most effectively addressed in the General Plan Land Use and Circulation elements by encouraging walking, biking, transit, and electric vehicle use, as well as a mix of accessible uses. Additionally, urban forestry policies implemented through the Recreation Element can help improve localized air quality near stationary sources and major roads. Biological resources can be addressed both by working with open space managers, including California State Parks, as well as adjacent properties creating plant and wildlife corridors allowing species to expand their habitat and effectively migrate. Biological marine resources are managed through a network of plans and additional State and Federal Laws, including the Local Coastal Program and Newport Harbor Eelgrass Protection and Mitigation Plan. These plans may affect protected resources and should be coordinated to maximize their effectiveness, without causing additional or conflicting bureaucracy. Visual resources make Newport Beach a truly special place and should be thoughtfully preserved without creating unnecessary barriers to development. The remaining resources discussed in this element are primarily regulated by the State and Federal governments. Where State and Federal regulations are sufficient, the City should maintain consistency in a manner that ensures effective response as regulations change over time. By coordinating resource protection with the relevant cooperating agencies and non-profits, the City can create clear and effective strategies that enhance Newport Beach’s natural resources for generations to come. GENERAL PLAN UPDATE / NATURAL RESOURCES ELEMENT EXISTING CONDITIONS AND BACKGROUND ANALYSIS MARCH 2024 1. Introduction 1.1 Overview The City of Newport Beach (City) is renowned for its diverse ecosystems, including Newport Bay, the Buck Gully Reserve, and Crystal Cove State Park. These areas serve as popular recreational destinations, making the conservation and development of the natural resources within each of these environments a priority for the City. The Natural Resources Element of the City’s General Plan is one of the City’s primary tools that addresses issues that threaten the protection, development, and utilization of the City’s biological, mineral, visual, and other natural resources through targeted policies and strategies. Last updated in 2006, the updated Natural Resources Element will identify and address existing issues and others that have emerged since the previous iteration. This Natural Resources Existing Conditions and Background Analysis provides an analysis of these issues and opportunities related to natural resources and provides foundational information to guide the update to the Natural Resources Element. While not a required element of the General Plan the City’s adopted Natural Resources Element fulfills the requirements of a Conservation Element and some requirements of an Open Space Element in accordance with Government Code 65302. Conservation Elements are required to address the conservation, development, and utilization of natural resources including water, forest, soils, rivers, harbors and fisheries, wildlife, minerals, and other resources. Open Space Elements are required to identify open space lands and actions for the preservation of open space. Open space lands generally include lands used for the production of food and fiber, for the enjoyment of scenic beauty, for recreation, and for the use of natural resources. The City’s adopted General Plan addresses the recreational requirements of an Open Space Element within the adopted Recreation Element. 1.2 Element Purpose and Process The City’s adopted Natural Resources Element combines policies to address general plan requirements of conservation and open space, establishing goals and policies for the preservation, extraction, and sustainable use of resources. While most policies in the adopted Natural Resources Element pertain to the conservation and utilization of the City’s natural resources, certain policies also provide general guidance for parks and recreation in relation to the conservation, development, and utilization of natural resources. Goals and policies contained in the City’s Harbor and Bay, Recreation, and the Land Use Elements, as well as any resilience and sustainability goals also support the Natural Resources Element and work together to guide resource conservation and development, while also balancing community needs with environmental preservation and resilience. As a result, all of elements of the General Plan must be consistent with each other. GENERAL PLAN UPDATE / NATURAL RESOURCES ELEMENT EXISTING CONDITIONS AND BACKGROUND ANALYSIS MARCH 2024 2. General Plan and Regulatory Review The City’s adopted General Plan and existing legislative and local regulations address many topics as they relate to natural resources. This Section identifies where those topics are addressed in legislation, including recommended guidance from the State and local regulations, and further identifies where those topics are addressed in the adopted General Plan. 2.1 Natural Resources in State Regulations and Guidance All local governments in California must develop a general plan to serve as a long-range planning document for shaping and guiding its future. The State of California Office of Planning and Research provides guidance on general plan legislative requirements, as well as recommended policy guidance and available resources. The Natural Resources Element fulfills the Conservation Element requirements of the 2017 Office of Planning and Research General Plan Guidelines and is one of seven core elements that are required of all local governments’ general plans. In accordance with California Government Code Section 65302, a Conservation Element must address the conservation, development, and utilization of natural resources including water, forest, soils, rivers, harbors and fisheries, wildlife, minerals, and other resources. The relationship of the Natural Resources Element to the other six required elements is shown in Table 1. Table 1. Natural Resources Element Relationship to Required Elements Land Use Element Circulation Element Housing Element Recreation Element Noise Element Safety Element Relationship to Natural Resources Element In Statute Related Related In Statute Not Applicable In Statute MARCH 2024 2.2 Natural Resources in the Adopted General Plan As required by the State, the City’s adopted General Plan1 includes programs and policies addressing natural resources and their conservation. Table 2 identifies the adopted General Plan goals and policies related to these efforts and includes a brief description of policy implementation measures identified in the Implementation Program (Chapter 13 of the General Plan). Most of the programs and policies originate from the Natural Resources Element, though related policies from other elements are also included. Table 2. Natural Resources in the Adopted General Plan Element Goal/Key Policies Implementation Measures Air Quality Natural Resources Element Policies under Goal 6 intend to reduce mobile source emissions.  Policy 6.1, Walkable Neighborhoods  Policy 6.2, Mixed-Use Development  Policy 6.3, Vehicle-Trip Reduction Measures  Policy 6.4, Transportation Demand Management Ordinance  Update and revise the General Plan to reflect changing conditions and visions  Review and amend the Zoning Code for Consistency with the General Plan to enforce development standards  Review and update the Transportation Demand Ordinance  Provide public transportation  Maintain trails Biological Resources Natural Resources Element Policies under Goal 10 protect terrestrial and marine resources from urban development.  Policy 10.1, Terrestrial and Marine Resource Protection  Policy 10.4, New Development Siting and Design  Policy 10.5 Development in Areas Containing Significant or Rare Biological Resources  Policy 10.6, Use of Buffers  Policy 10.10, Giant Kelp Reforestation  Collaborate with agencies with jurisdiction and/or who are involved with these activities  Review the Zoning Code for Consistency with the General Plan to enforce development standards  Review the City of Newport Beach (City) Council Policy Manual to ensure consistency with the General Plan  Review and amend the Subdivision Ordinance for consistency with the General Plan  Review and update the goals and policies of Harbor and Tidelands Improvement Plans Policies under Goal 11 protect the environmental resources in Newport Harbor.  Policy 11.3, Eelgrass Protection  Review and update the goals and policies of Harbor and Tidelands Improvement Plans  Collaborate with agencies with jurisdiction and/or who are involved with these activities 1 City of Newport Beach. 2006. City of Newport Beach General Plan. Adopted July 25, 2006. https://www.newportbeachca.gov/ government/departments/community-development/planning-division/general-plan-codes-and-regulations/general-plan. GENERAL PLAN UPDATE / NATURAL RESOURCES ELEMENT EXISTING CONDITIONS AND BACKGROUND ANALYSIS MARCH 2024 Table 2. Natural Resources in the Adopted General Plan Element Goal/Key Policies Implementation Measures  Policy 11.4, Interagency Coordination on Establishing Eelgrass Restoration Sites  Policy 11.5, Eelgrass Mitigation Policies under Goal 12 protect the City’s coastal dune habitats.  Policy 12.1, Exotic Vegetation Removal and Native Vegetation Restoration  Policy 12.2, Dune Habitat Protection  Policy 12.3, Beach Sand Removal  Review and update the goals and policies of Harbor and Tidelands Improvement Plans  Maintain and update parks and recreation facility plans  Maintain and improve parks and recreation facilities  Review and amend the Subdivision Ordinance for consistency with the General Plan Policies under Goal 13 protect, maintain, and enhance the region’s wetlands.  Policy 13.1, Wetland Protection  Update and revise the General Plan to reflect changing conditions and visions  Review and amend the Zoning Code for Consistency with the General Plan to enforce development standards  Review and update the goals and policies of Harbor and Tidelands Improvement Plans Policies under Goal 16 are related to the protection and management of natural resources in Upper Newport Bay.  Policy 16.2, Big Canyon Creek Restoration Project  Policy 16.3, Management of Upper Newport Bay Ecological Reserve (UNBER)  Policy 16.5, Public Uses within Upper Newport Bay Ecological Reserve  Collaborate with agencies with jurisdiction and/or who are involved with these activities  Maintain and update parks and recreation facility plans  Review and amend the Zoning Code for Consistency with the General Plan to enforce development standards Mineral Resources Natural Resources Element Policies under Goal 19 aim to minimize impacts from oil and gas drilling activities by prohibiting new activities.  Policy 19.1, New Extraction Activities  Policy 19.3, New Offshore Drilling Activities and Exploration Work  Policy 19.4, New Onshore Support Facilities  Review the Zoning Code for Consistency with the General Plan to enforce development standards  Review the City Council Policy Manual to ensure consistency with the General Plan  Collaborate with agencies with jurisdiction and/or who are involved with these activities GENERAL PLAN UPDATE / NATURAL RESOURCES ELEMENT EXISTING CONDITIONS AND BACKGROUND ANALYSIS MARCH 2024 Table 2. Natural Resources in the Adopted General Plan Element Goal/Key Policies Implementation Measures Rivers and Waterbodies Harbor and Bay Element Policies under Goal 7 emphasize the protections and management of Upper Newport Bay and its natural resources.  Policy 7.2, Management of Upper Newport Bay Ecological Reserve (UNBER)  Policy 7.3, Management of Upper Newport Bay Ecological Reserve  Policy 7.6, Water Quality Study  Coordinate with several agencies and organizations, including the following: - Orange County - California Department of Fish and Wildlife - California Public Utilities Commission - United States Army Corps of Engineers - United States Environmental Protection Agency - Others with jurisdictional authority such as the Santa Ana Regional Water Quality Control Board Policies under Goal 8 address water quality in terms of chemicals, pollution, groundwater contamination caused by construction, sewage, stormwater drainage and runoff, and the siting and design of new development.  Policy 8.1, Chemical Uses Impacting Water Quality  Policy 8.2, Water Pollution Prevention  Policy 8.5, Natural Water Bodies  Policy 8.13, Natural Wetlands  Review and amend subdivision ordinance standards for storm drainage and pollution runoff control  Review and periodically update requirements for live-aboard vessels pertaining to the integrity, quality, and safety of harbor uses  Require permits consistent with the National Pollutant Discharge Elimination System  Review Water Quality Ordinance  Review Water Quality Checklist  Maintain Water Quality Management Plans Natural Resources Element Policies under Goal 3 include measures to protect the quality of the City’s natural water bodies, such as coastal waters, creeks, bays, harbors, and wetlands.  Policy 3.2, Water Pollution Prevention  Policy 3.5, Natural Water Bodies  Policy 3.21, Animal Impacts on Water Quality  Review and amend subdivision ordinance standards for storm drainage and pollution runoff control  Review and periodically update requirements for live-aboard vessels pertaining to the integrity, quality, and safety of harbor uses  Maintain and implement best practices in urban water management plans to encourage conservation  Maintain and implement Sewer Master Plan  Maintain Storm Drainage Facilities  Review and update Harbor and Tidelands Improvement Plans GENERAL PLAN UPDATE / NATURAL RESOURCES ELEMENT EXISTING CONDITIONS AND BACKGROUND ANALYSIS MARCH 2024 Table 2. Natural Resources in the Adopted General Plan Element Goal/Key Policies Implementation Measures Safety Element Policies under Goal 2 intend to minimize the impact of storm surge and seiches.  Policy 2.2, Shoreline Management Plans  Policy 2.3, Use of Temporary Shoreline Protection  Review and update the goals and policies of Harbor and Tidelands Improvement Plans Policies under Goal 3 intend to minimize the impact of coastal erosion and protect the coastline.  Policy 3.6, Siting of Shoreline Protective Devices  Review and update the goals and policies of Harbor and Tidelands Improvement Plans Visual Resources Harbor and Bay Element Policies under Goal 9 preserve the recreational, residential, and commercial character of the waterfronts.  Policy 9.2, Protection of Beach Profile  Policy 9.3, Structures Impacting Visual Resources  Policy 9.4, Abandoned Vessels  Amend the Zoning Code for Consistency with the General Plan to enforce development standards  Review and revise Coastal Land Use Plan for consistency with the General Plan  Coordinate with Orange County and collaborate in program affecting management of Newport Harbor and Newport Bay  Coordinate with California Coastal Commission  Review and update Harbor and Tidelands Improvement Plans  Fund a joint City/County study to evaluate costs and efficiency of services in Newport Harbor Land Use Element Policies under Goal 1 preserve and maintain the City’s unique coastal and upland neighborhoods.  Policy 1.6, Public Views  Review entitlements for consistency with the General Plan Natural Resources Element Policies under Goal 20 address the preservation of significant visual resources through requirements for new developments and other techniques.  Policy 20.1, Enhancement of Significant Resources  Policy 20.2, New Development Requirements  Policy 20.3, Public Views  Policy 20.4 Public View Corridor Landscaping  Amend the Zoning Code for Consistency with the General Plan to enforce development standards  Fund and construct public view sites to include elements such as observation decks, plazas, benches, etc.  Maintain recreational trails and a system of route designations for non-motorized users GENERAL PLAN UPDATE / NATURAL RESOURCES ELEMENT EXISTING CONDITIONS AND BACKGROUND ANALYSIS MARCH 2024 Table 2. Natural Resources in the Adopted General Plan Element Goal/Key Policies Implementation Measures  Policy 20.5 Public View Corridor Amenities  Maintain and improve parks and recreation facilities and implement park improvements as specified in the Recreation Element Water Conservation Natural Resources Element Policies under Goal 1 address minimized water consumption through conservation methods and other techniques.  Policy 1.2, Use of Water Conserving Devices  Policy 1.3, Tiered Water Rates  Examine and modify the City’s Subdivision Ordinance to reflect state-of-the-art land development practices that enhance environmental sustainability  Review and revise Title 15 of the Newport Beach Municipal Code to foster the use of “green-building” techniques  Maintain and implement Urban Water Management Plans and encourage conservation Policies under Goal 2 address expanded use of alternative water sources to provide adequate water supplies for present uses and future growth.  Policy 2.1, Recycled Water Use  Policy 2.2, Advanced Water Treatment Processes  Maintain and implement Urban Water Management Plans and encourage conservation Water Quality Harbor and Bay Element Policies under Goal 8 the General Plan Harbor & Bay Element addresses water quality in terms of chemicals, pollution, ground water contamination caused by construction, sewage, stormwater drainage and runoff, and the siting and design of new development.  Policy 8.2, Water Pollution Prevention  Policy 8.13, Natural Wetlands  Policy 8.15, Street Drainage Systems  Review and amend subdivision ordinance standards for storm drainage and pollution runoff control  Review and periodically update requirements for live-aboard vessels pertaining to the integrity, quality, and safety of harbor uses  Require permits consistent with the National Pollutant Discharge Elimination System  Review Water Quality Ordinance  Review Water Quality Checklist  Maintain Water Quality Management Plans  Maintain Storm Drainage Facilities Policies under Goal 7 address water quality through policies that support the restoration of Upper Newport Bay.  Policy 7.3, Management of Upper Newport Bay Ecological Reserve  Coordinate with Orange County for management of Newport Harbor and Upper Newport Bay GENERAL PLAN UPDATE / NATURAL RESOURCES ELEMENT EXISTING CONDITIONS AND BACKGROUND ANALYSIS MARCH 2024 Table 2. Natural Resources in the Adopted General Plan Element Goal/Key Policies Implementation Measures  Coordinate with the California Department of Fish and Wildlife for the protection and management of Upper Newport Bay Natural Resources Element Policies under Goal 3 address enhancement and protection of water quality of all natural water bodies, including coastal waters, creeks, bays, harbors, and wetlands.  Policy 3.2, Water Pollution Prevention  Policy 3.13, Natural Wetlands  Policy 3.15, Street Drainage Systems  Review the Subdivision Ordinance for consistency with the General Plan and amend the Newport Beach Municipal Code to address storm drainage and pollution runoff control  Review and revise relevant requirements for live-aboard vessels pertaining to the integrity, quality, and safety of harbor uses, environmental protection, and impacts on the public, waterfront owners/lessees, and adjoining properties their consistency and revisions prepared  Maintain and implement Urban Water Management Plans and encourage conservation  Maintain and implement Sewer Master Plan  Maintain storm drainage facilities Source: City of Newport Beach. 2006. City of Newport Beach General Plan. Adopted July 25, 2006. https://www.newportbeachca.gov/ government/departments/community-development/planning-division/general-plan-codes-and-regulations/general-plan. 2.3 Natural Resources in Local Implementation The City implements resilience policies as they relate to the community-identified resilience topics. Table 3 provides an overview of local implementation steps being taken by the City to implement resilience. Table 3. Local Implementation by Natural Resources Topic Air Quality  The City of Newport Beach (City) has established an Air Quality Improvement Trust Fund to receive revenue from the South Coast Air Quality Management District (SCAQMD) and implement mobile source air pollution reduction programs (Newport Beach Municipal Code Chapter 3.30).  The City has implemented the requirements of Orange County’s Congestion Management Program, which intends to reduce the number of peak-period vehicle trips, promote alternative transportation modes, and improve air quality through local requirements and procedures for project review and permit processing.  Under the City’s transportation demand management program, eligible new non-residential projects, mixed- use projects, and employment centers are subject to development requirements that include carpool parking, bicycle parking, and sidewalk improvements. GENERAL PLAN UPDATE / NATURAL RESOURCES ELEMENT EXISTING CONDITIONS AND BACKGROUND ANALYSIS MARCH 2024 Table 3. Local Implementation by Natural Resources Topic Biological Resources  The City has adopted ordinances that establish protections of environmentally sensitive habitat areas (ESHAs), coastal dunes, coastal waters, streams, wetlands, estuaries, and lakes (Newport Beach Municipal Code Chapter 21.30B). - Per City regulation, any development in areas adjacent to ESHAs must be designed to prevent detrimental impacts to these areas, meaning projects may have to include protective open space buffers, special lighting, and other design elements as required.  The City’s Local Coastal Program (LCP) details policies related to the protection of ESHAs such as dune habitats and alkali meadows within the City and its sphere of influence; similar policies are included for the City’s environmental study areas (ESAs).  The City is responsible for enforcing mitigation and conservation policies under the Orange County Central Coastal Natural Community Conservation Plan/Habitat Conservation Plan, which received an update to its Habitat Restoration and Enhancement Plan in 2019. Mineral Resources  The Charter of the City of Newport Beach prohibits any drilling activity originating from the ocean’s surface and permits drilling in specific areas for the production and processing of oil, gas, or other hydrocarbon substances (Section 1401 of Article XIV).  Per the Charter, slant drilling outside of designated areas may be permitted, assuming this action is approved by a majority vote in a special or general municipal election. Rivers and Waterbodies  The Newport Beach Municipal Code includes provisions specific to the Santa Ana River that include speed limits for marine vessels, as well as encroachment and setback limits for development adjacent to the river.  Similar to the Santa Ana River, Upper Newport Bay receives protections enshrined in the Newport Beach Municipal Code, including the Upper Newport Bay Recreation and Scenic Trail (Newport Beach Municipal Code Chapter 12.55), which includes provisions related to the use of the trail that preserves and protects the Upper Bay Ecological Reserve.  The City has adopted ordinances that establish protections of ESHAs, coastal dunes, coastal waters, streams, wetlands, estuaries, and lakes, including the Newport Bay Marine Park (Newport Beach Municipal Code Chapter 21.30B). Visual Resources  The City’s property development standards include regulations to protect visual resources. Such regulations include ensuring that the design of development along the ocean and scenic coastal areas do not obstruct public views of visual resources, and prioritizing public access to view points.  Under these public view protection regulations, protected views include those of the Pacific Ocean, Newport Bay, Newport Harbor, Newport Pier, Balboa Pier, the Old Channel of the Santa Ana River, offshore islands, designated landmarks and historic structures, parks, coastal and inland bluffs, canyons, mountains, wetlands, and permanent passive open space.  The City’s LCP includes policies related to the protection of scenic and visual resources such as coastal views and natural landforms, including coastal bluffs and coastal canyons; bulk and height regulations, as well as regulations for signs and utilities in the Mariner’s Mile district and the Balboa Peninsula, are also detailed in the LCP. GENERAL PLAN UPDATE / NATURAL RESOURCES ELEMENT EXISTING CONDITIONS AND BACKGROUND ANALYSIS MARCH 2024 Table 3. Local Implementation by Natural Resources Topic Water Conservation  Water service in Newport Beach is provided by the City, Irvine Ranch Water District, and Mesa Consolidated Water District. Each agency maintains master plans for services, facilities, maintenance, and improvements necessary to support existing and projected population growth and development. Conservation practices are included within the respective plans. - The City has adopted ordinances regulating the use of water. This includes regulations on water conservation and supply, water efficient landscaping, and water quality. These regulations establish water conservation and water supply shortage programs, promote the efficient use of water and prevent water waste in landscaping, and prohibit non-stormwater discharges into storm sewers. - The City’s 2020 Urban Water Management Plan provides projections of water demand and supply through 2045. The Urban Water Management Plan is updated every 5-years and is further detailed in Section 3 of this document. - In response to Executive Order B-29-15 on April 1, 2015, the City adopted in its municipal code (Newport Beach Municipal Code Chapter 14.17) prohibitions against wasteful practices relating to water use, including using potable water to wash sidewalks and driveways, allowing more-than-incidental runoff when irrigating turf and other ornamental landscapes, and using hoses without automatic shutoff nozzles to wash motor vehicles, among other restrictions. Water Quality  City has adopted development standards to prevent water pollution during development and ensure that development is sited in a way that minimizes impacts to natural areas that provide water quality benefits, The City also operates programs to protect the quality of water in the harbor and bay, such as a street sweeping program and the operation and maintenance of tidal valves. Street and drainage improvements are identified through the City’s Capital Improvements Program.  In compliance with Federal requirements under the Clean Water Act, the City has adopted an ordinance to improve water quality by preventing and controlling stormwater runoff. In part, the ordinance sets forth requirements for all new development and significant redevelopment within the city and establishes a scope of inspections and compliance enforcement and discharge permit procedures.  The City adopted an ordinance to update its Subdivision Code to implement the adopted General Plan. The updated Subdivision Code includes drainage and flood protection requirements (Newport Beach Municipal Code Section 19.24.090). 2.4 Summary and Findings The City has demonstrated its commitment to the conservation of its natural resources, such as water and air quality, through local policies and ordinances enshrined in the City’s municipal code, many of which are detailed in Table 2. The City also coordinates with other agencies and local governments to manage its natural resources. The Upper Newport Bay Ecological Reserve, for example, is protected by local policies and policies in regional and State plans such as the Local Coastal Program. Specifically, the City’s municipal code includes protections that prohibits camping, limits dredging, and regulates development near the Upper Newport Bay. The Local Coastal Program also includes similar protection policies, such as one to remove unauthorized structures from the Upper Newport Bay, but many are administrative in nature and are focused on maintaining partnerships and securing funding for restoration and preservation activities. Diversity in local and regional policy areas have strengthened efforts to protect and preserve the City’s natural resources. MARCH 2024 3. Existing Conditions 3.1 Air Quality California State law requires the California Air Resources Board (CARB) to establish, review, and update area designations of ten air pollutants: ozone, suspended particulate matter (respirable particulate matter [PM10] and fine particulate matter [PM2.5]), carbon monoxide, nitrogen dioxide, sulfur dioxide (SO2), sulfates, lead, hydrogen sulfide, and visibility-reducing particles. Each air pollutant is measured using the California Ambient Air Quality Standards (CAAQS), which are used by CARB and air districts to determine the cleanliness of air. Similarly, the United States Environmental Protection Agency (EPA) determines national area designations for these air pollutants using the National Ambient Air Quality Standards (NAAQS), with the exception of sulfates, hydrogen sulfide, and visibility-reducing particles. CARB and EPA analyze standards for each air district and if it is determined that air quality does not meet State or Federal standards, it is considered polluted, and the area is designated as a “nonattainment” area. Table 4 indicates these designations per pollutant in Orange County. The “nonattainment” designation refers to areas where air pollution levels have exceeded either the State or national ambient air quality standard thresholds; the “attainment” and “unclassified/attainment” classification refers to areas where the quality standard thresholds are met; and the “unclassified” standards refer to areas where a status cannot be determined due to insufficient data. Although many other air pollutants exist, ambient air quality standards, with the exception of the ten identified by CARB and the seven identified by the EPA, have not been established for other air pollutants as they are not of regional significance. As shown in Table 4, in Orange County, three pollutants—ozone, PM2.5, and PM10—are in non-attainment of either the State or Federal standard. The following subsections provide a review of each of these pollutants. In Orange County ozone, PM2.5, and PM10 all exceed the State’s air quality standards and both ozone, PM2.5 exceed the federal air quality standards. Table 4. Air Pollutant Area Designation Status for Orange County Pollutant Federal Designation State Designation Ozone (O3) Nonattainment Nonattainment Fine Particulate Matter (PM2.5) Nonattainment Nonattainment Respirable Particulate Matter (PM10) Attainment Nonattainment Carbon Monoxide (CO) Unclassified/Attainment Attainment Lead Unclassified/Attainment Attainment Nitrogen Dioxide (NO2) Unclassified/Attainment Attainment Sulfur Dioxide (SO2) Unclassified/Attainment Attainment Sulfates Not Federally Measured Attainment Hydrogen Sulfide Not Federally Measured Unclassified Visibility-Reducing Particles Not Federally Measured Unclassified Source: California Air Resources Board, November 2022. Maps of State and Federal Area Designations | California Air Resources Board GENERAL PLAN UPDATE / NATURAL RESOURCES ELEMENT EXISTING CONDITIONS AND BACKGROUND ANALYSIS MARCH 2024 The City is situated within the South Coast Air Basin, which includes the Counties of Los Angeles, Orange, Riverside, and San Bernardino. The South Coast Air Quality Management District (District) is responsible for regulating air pollution sources throughout the region and regularly monitors pollutants to enforce healthy air quality levels through a daily air quality index (AQI) forecast for all jurisdictions within the basin. AQI forecasts are calculated based on data received from District monitoring sites throughout the region. However, not every jurisdiction contains a monitoring site, resulting in AQI forecasts that do not capture local data for some areas. Because Newport Beach does not have any local regulatory monitoring facilities, AQI forecast data is captured outside the City’s boundaries based on the closest regulatory monitors and existing air quality model data. The nearest active monitoring site in Orange County is located in Anaheim. In 2022, the most recent year data is available, ozone exceed the State and National standards. No exceedances of PM2.5 or PM10 were measured in 2022, however, both pollutants exceed the National and State standards respectively in 2021. While the air quality monitoring sites do not capture data within the City’s boundaries, the City must abide by all regulations and policies administered by the South Coast Air Quality Management District (District) given that the basin is in non-attainment for certain pollutants. For this reason, the City must do its part to help reduce air pollution across the region. It is important to note that the City also benefits from supportive programs and policies managed by the District, which has helped implement programs to improve air quality throughout the basin, specifically by providing local governments with revenue intended for pollution reduction programs. For example, the City’s Air Quality Improvement Trust Fund receives revenue from the District, which has funded projects such as employee rideshare programs and electric vehicle charging stations throughout Newport Beach.2 3.1.1 Non-Attainment Pollutants The following sections provide information on the non-attainment pollutants that have been identified in Orange County. Although precise data on these pollutants does not exist for Newport Beach, these pollutants remain present in the City’s atmosphere and may pose significant health risks to certain individuals. Ozone. Ozone is a highly reactive and unstable gas capable of severely harming or killing living cells upon contact and forms in high quantities during hot, sunny days due to the chemical reaction caused when sunlight interacts with vehicle emissions such as nitrogen oxides (NOx) and volatile organic compounds. Unlike stratospheric ozone, which reduces the amount of ultraviolet light in the atmosphere, ground-level ozone is produced on the surface and can result in severe health issues, including breathing difficulties, inflamed and irritated airways, asthma attacks, and heart disease. These significant health impacts may result after prolonged exposure to ozone. Common sources of ozone include cars and diesel engines; industrial facilities such as power plants, manufacturing facilities; and oil and gas production plants; and landfills. Many of these sources emit NOx, volatile organic compounds, and other compounds such as methane, all of which generate ground-level ozone when combined. Cars are the most common source of ground-level ozone in Newport Beach, which is bordered by two State highways that serve as major entrance and exit points to the City. Although the City is served by several public transportation routes, most individuals use private cars to get around, thus contributing a significant amount of ground-level ozone. 2 SCAQMD (South Coast Air Quality Management District). 2019. Annual Report on AB 2766 Funds from Motor Vehicle Registration Fees for FY 2017-18. November 1, 2019. http://www.aqmd.gov/docs/default-source/transportation/ab2766-motor-vehicle- subvention-fund-program/fy-reports/ab-2766-staff-report-fy-2017-2018.pdf?sfvrsn=10. GENERAL PLAN UPDATE / NATURAL RESOURCES ELEMENT EXISTING CONDITIONS AND BACKGROUND ANALYSIS MARCH 2024 These emissions can be reduced through transportation demand programs and through regulatory measures and policies that may impose new or revised emission standards, clean fuel requirements, or other standards. Fine Particulate Matter. Fine particulate matter, or PM2.5, is a type of airborne particular matter, a mixture of several chemicals and substances with no defined size shape, or chemical composition. PM2.5 refers to particles that have a diameter of 2.5 or less microns. PM2.5 is often emitted during the combustion of gasoline, oil, diesel, and wood, but it may also form in the atmosphere through chemical reactions of other pollutants such as SO2 and NOX. PM2.5 can be inhaled, and prolonged exposure to these particles can result in detrimental health effects that include premature mortality, especially among individuals with chronic heart and lung diseases. The California Ambient Air Quality Standard, used by CARB, for the annual average of PM2.5 is measured at 12 micrograms per cubic meter (µg/m3). The National Ambient Air Quality Standard, used by EPA, is measured by an annual average, also measured at 12 µg/m3, and a 24-hour average, measured at 35 µg/m3. Any particulate amount above these averages may result in severe impacts to human health. Motor vehicles are most common source of PM2.5 since the internal combustion of gasoline and diesel releases particles into the atmosphere. As noted above, policies and programs can reduce emissions through regulations on these vehicles. The use of heavy machinery in local and regional construction activities and oil production also generate a significant amount of dust and particles that can travel long distances, especially under windy conditions. While these activities are limited in the Newport Beach, similar activity in nearby jurisdictions can result in local exposure to these particles. Implementation of best practices for dust control on construction sites can reduce the amount of particulate matter that is released throughout the region, through it is clear one strategy may not be sufficient to contain emissions exposure. Other potential emission control strategies include the use of vegetation and green infrastructure to trap particles and previously mentioned regulatory measures. Respirable Particulate Matter. Similar to PM2.5, respirable particular matter, or PM10, is a type of airborne particulate matter. Particles have a diameter of 10 or less microns. Due to its smaller size, PM2.5 also makes up a portion of PM10. PM10 shares many similarities to its smaller variant in terms of sources, composition, and health impacts, though there are traits specific to this type of particle. Short-term exposure to PM10 is also linked to the aggravation of existing respiratory illnesses, such as asthma and chronic obstructive pulmonary disease. The California Ambient Air Quality Standard for PM2.5 is measured at 20 µg/m3 for the annual average and 50 µg/m3 for the 24-hour average. The National Ambient Air Quality Standard only measures PM10 exposure on a 24-hour average, measured at 150 µg/m3. PM2.5 and PM10 share similar sources, including cars, construction sites, and wildfire activity. Strategies to control PM2.5 emissions also apply to PM10. 3.1.2 Sources of Air Pollution in Newport Beach Major Roadways. Two major highways run through Newport Beach, Highway 1 along the coast and Highway 73 along the eastern boundary. Additionally, Jamboree Road and MacArther Boulevard connect these routes. As shown in Figure 1, census tracts surrounding these routes have the highest level of traffic, and therefore are most exposed to air pollutants. It is important to note that air pollution from major roads is most concentrated within 1,000 feet GENERAL PLAN UPDATE / NATURAL RESOURCES ELEMENT EXISTING CONDITIONS AND BACKGROUND ANALYSIS MARCH 2024 of the source and influenced by wind and topography.3 Additionally vegetation buffers can mitigate air pollution impacts from major roads and lessen the real air pollution experienced by nearby residents. Aircraft Pollution. In addition to motor vehicles, construction activities, industrial and manufacturing facilities, aircraft operations contribute air pollutants that impact residents and visitors of Newport Beach and contribute to regional air quality issues. Aircraft engines emit water vapor, carbon dioxide, hydrocarbons, carbon monoxide, sulfur gases, soot and metal particles formed by the high temperature combustion of jet fuel during flight, and small amounts of nitrogen oxides (NOx). These NOx emissions are a precursor to ground-level ozone, or smog, which affects human pulmonary and respiratory health, as mentioned above. When NOx reacts with other chemicals in the atmosphere, it also forms PM2.5, causing further detrimental health effects. While many of these emissions take place during flight to and from other localities – outside of Newport Beach - take-off and landing procedures from and into John Wayne Airport (JWA) involve considerable and localized air pollutant emissions. 3 Zhu Y, Hinds WC, Kim S, Sioutas C. Concentration and size distribution of ultrafine particles near a major highway. J Air Waste Manage Assoc. 2002;52:1032–1042 20 MARCH 2024 Figure 1. Traffic Concentration MARCH 2024 The US Environmental Protection Agency (USEPA) regulates emissions from aircraft nationwide. In August 2020, EPA proposed greenhouse gas emission standards that apply to certain new commercial airplanes, including all large passenger jets4, which operate out of JWA. These standards mirror the international airplane carbon dioxide (CO2) standards adopted by the International Civil Aviation Organization (ICAO) in 2017, in an effort to provide global consistency on aircraft emissions standards. These standards update EPA’s previously adopted standards in 2012. 3.2 Biological Resources Newport Beach is generally a developed area with some large areas of natural open space. The city abuts the Pacific Ocean to the west and is dissected by San Diego Creek, which flows into the Upper Newport Bay and then the Pacific Ocean. Biological resources in Newport Beach include special status endangered and threated species, regulated by the Natural Communities Conservation Plan and marine resources, both special status and non-listed, regulated by the National Oceanic and Atmospheric Administration (NOAA) and the California Coastal Commission. 3.2.1 Natural Communities Conservation Plan In 1991, the California Department of Fish and Wildlife and numerous public and private partners created the Natural Community Conservation Planning Act as a cooperative effort to protect habitats and species while also streamlining the permitting process for development projects that could potentially impact said species and habitats. This act allows local and State agencies to work with developers to create Habitat Conservation Plans and Natural Community Conservation Plans, which outline how development projects will minimize impacts on sensitive habitats and species. Natural Community Conservation Plans are enforced when a development project is proposed in an area with sensitive habitats and species, as these plans explain how development can proceed while protecting and conserving natural resources. To protect these natural resources, developers are required to implement specific mitigation measures included in the plan and are penalized when measures are violated. The Orange County Central/Coastal Natural Community Conservation Plan Subregional Plan was created in 1996 and covers almost 38,000 acres in southern California. This plan was created in collaboration between State and Federal resource agencies, local governments, special districts, and private property owners using a multispecies habitat conservation approach. This approach does not focus on individual species but instead protects entire valuable native habitats. The City of Newport Beach is the responsible entity for enforcement of mitigation measures and other policies within this plan as it relates to Newport Beach. 3.2.2 Endangered Species The California Natural Diversity Database lists many species that have been known to occur within and around Newport Beach that fall under this category (see Table 5). There is a total of six plant species located in the City that are classified by State or Federal agencies as endangered, threatened, or a combination of both. Of the six species, two are classified as threatened, three are classified as endangered, and one is classified as both endangered and threatened by separate agencies. There is a total of 23 animal species located in the plan area that are classified by State or Federal agencies as endangered, threatened, or a combination of both. Of the 23 species, 14 are birds, including 5 threatened species, 8 endangered species, and 1 species classified as both 4 US EPA (2021) “Control of Air Pollution from Airplanes and Airplane Engines: GHG Emission Standards and Test Procedures – Final Rulemaking” https://www.epa.gov/regulations-emissions-vehicles-and-engines/control-air-pollution-airplanes-and-airplane- engines-ghg GENERAL PLAN UPDATE / NATURAL RESOURCES ELEMENT EXISTING CONDITIONS AND BACKGROUND ANALYSIS MARCH 2024 endangered and threatened by separate agencies. In addition, 2 insect species are classified as endangered, 2 fish species are classified as endangered, 2 crustacean species are classified as endangered, 1 mollusk species in classified as endangered, and 2 mammal species are classified as endangered. Table 5. Endangered or Threatened Flora and Fauna Flora or Fauna Scientific Name Common Name State Status Federal Status CDFW Status Fauna Charadrius nivosus western snowy plover None Threatened SSC Fauna Phoebastria albatrus short-tailed albatross None Endangered SSC Fauna Polioptila californica coastal California gnatcatcher None Threatened SSC Fauna Sternula antillarum browni California least tern Endangered Endangered FP Fauna Laterallus jamaicensis coturniculus California black rail Threatened None FP Fauna Rallus obsoletus levipes light-footed Ridgway’s rail Endangered Endangered FP Fauna Enhydra lutris nereis southern sea otter None Endangered FP Fauna Coccyzus americanus occidentalis western yellow- billed cuckoo Endangered Threatened ND Fauna Riparia bank swallow Threatened None ND Fauna Passerculus sandwichensis beldingi Belding’s savannah sparrow Endangered None ND Fauna Vireo bellii pusillus least Bell’s vireo Endangered Endangered ND Fauna Branchinecta sandiegonensis San Diego fairy shrimp None Endangered ND Fauna Streptocephalus woottoni Riverside fairy shrimp None Endangered ND Fauna Eucyclogobius newberryi tidewater goby None Endangered ND Fauna Oncorhynchus mykiss irideus pop. 10 steelhead – southern California DPS Candidate endangered Endangered ND Fauna Bombus crotchii Crotch bumble bee Candidate endangered None ND Fauna Haliotis sorenseni white abalone None Endangered ND GENERAL PLAN UPDATE / NATURAL RESOURCES ELEMENT EXISTING CONDITIONS AND BACKGROUND ANALYSIS MARCH 2024 Table 5. Endangered or Threatened Flora and Fauna Flora or Fauna Scientific Name Common Name State Status Federal Status CDFW Status Fauna Agelaius tricolor tricolored blackbird Threatened None SSC Fauna Empidonax traillii willow flycatcher Endangered None ND Fauna Empidonax traillii extimus southwestern willow flycatcher Endangered Endangered ND Fauna Perognathus longimembris pacificus Pacific pocket mouse None Endangered SSC Fauna Haliaeetus leucocephalus bald eagle Endangered Delisted FP Fauna Euphydryas editha quino quino checkerspot butterfly None Endangered ND Flora Eryngium aristulatum var. parishii San Diego button-celery Endangered Endangered ND Flora Nasturtium gambelii Gambel’s water cress Threatened Endangered ND Flora Chloropyron maritimum ssp. salt marsh bird’s-beak Endangered Endangered ND Flora Orcuttia californica California Orcutt grass Endangered Endangered ND Flora Verbesina dissita big-leaved crownbeard Threatened Threatened ND Flora Dudleya stolonifera Laguna Beach dudleya Threatened Threatened ND Note: CDFW = California Department of Fish and Wildlife; SCC = Species of Special Concern; FP = Fully Protected; ND = No Data; DPS = distinct population segment. 3.2.3 Marine Resources Marine Resources have additional protections from the California Coastal Commission and the National Oceanic and Atmospheric Administration (NOAA). These resources are addressed comprehensively and are not limited to only special status species. The City implements the management of natural resources through the Local Coastal Program and Eelgrass Protection and Mitigation Plan. The City must also comply with the Marine Mammal Protection Act in its management of coastal areas where humans and marine mammals interact. Environmentally Sensitive Habitat Areas. The City contains 13 environmental study areas (ESAs), defined by the City’s Local Coastal Program as undeveloped areas with natural habitats potentially capable of supporting sensitive biological resources and functioning as wildlife migration corridors. These ESAs benefit from protections and regulations from the City and the California Coastal Commission and include the Semeniuk Slough, North Star GENERAL PLAN UPDATE / NATURAL RESOURCES ELEMENT EXISTING CONDITIONS AND BACKGROUND ANALYSIS MARCH 2024 Beach, West Bay, Upper Newport Bay Marine Park and DeAnza/Bayside Marsh Peninsula, San Diego Creek, Eastbluff Remnant, Mouth of Big Canyon, Newporter North, Buck Gully, Morning Canyon, Newport Beach Marine Conservation Area, Castaways, and the Newport Harbor Entrance Channel Kelp Beds (see Figure 2). In addition to serving as habitats for the City’s biological resources, unique environments such as the salt marshes of the San Diego Creek ESA and the steep bluffs of the Eastbluff Remnant ESA also contribute to the City’s visual resources. Portions of the ESAs within the Coastal Zone that contain sensitive species or habitats, contain rare vegetation types, or are particularly sensitive to human disturbance may be classified as environmentally sensitive habitat areas (ESHAs). Due to the nature of these sites, a site-specific biological survey must be conducted to definitively determine whether an ESA contains an ESHA. These areas are protected by the California Coastal Act, which contains provisions regulating development and other activities adjacent to these sites to ensure compatibility with the ESHAs and avoid significant disruptions to their biological resources. Many of the ESAs described above contain one or more sensitive species and may be eligible to receive ESHA designation. In the event that an ESHA is identified within the ESA, these sites will be subjected to stricter development regulations and measures for protecting resources detailed in the California Coastal Act, in addition to other local and regional protections such as those defined in Chapter 21.30B (Habitat Protection) of the Newport Beach Municipal Code. Marine Mammal Protection Act. The Marine Mammal Protection Act (MMPA)5 of 1972 protects marine mammal species, regardless of endangered or threatened status, from harassment, hunting, capture, collection, or killing. The MMPA also safeguards marine mammal habitat as well as regulates the import, export, and sale of marine mammals and marine mammal products. As part of its regulatory measures, the MMPA requires stock assessments and conservation plans for marine mammal populations. Under certain conditions, the MMPA provides exceptions allowing activities that have the potential to incidentally harm or disturb marine mammals, such as scientific research, public display (such as in aquariums), national defense, and maintenance of public safety. A notable allowable disturbance to marine mammals is in Newport Harbor where rules are in place that require boat and dock owners to install and maintain effective and humane deterrents to prevent sea lions from making themselves at home on vessels and structures, because of MMPA these structures must not harm the sea lions. 5 NOAA Fisheries (2023) “Marine Mammal Protection” https://www.fisheries.noaa.gov/topic/marine-mammal-protection 25 MARCH 2024 Figure 2. Environmental Sensitive Areas in Newport Beach MARCH 2024 Eelgrass Protection and Mitigation Plan. Eelgrass (Zostera marina L. and Z. pacifica) – seagrasses that occur in the temperate unconsolidated substrate of shallow coastal environments, enclosed bays, and estuaries – are recognized as a foundation species that form marine habitats and provide numerous ecosystem services. While eelgrass itself is not listed as a threatened or endangered species by the CDFW, it is designated as a habitat area of particular concern (HAPC) per the Magnuson-Stevens Fishery Conservation and Management Act (MSA). This is because it serves as an essential fish habitat and has experienced significant decline due to pollution, warming seas, and coastal development6 The National marine fisheries Service (NMFS) has established a California Eelgrass Mitigation Policy7 recommending no net loss of eelgrass habitat function in the State. In cases where loss of existing eelgrass habitat function is unavoidable and mitigation measures have been pursued to the maximum extent practicable, NMFS recommends compensatory mitigation measures. These includes comprehensive management plans, in-kind mitigation, mitigation banks and in-lieu fee programs, and out-of-kind mitigation, though in-kind mitigation is preferred. Compensatory mitigation should ensure that a greater amount of eelgrass is created than was lost, and mitigation should be performed contemporaneously or after impacts have occurred. The City established the Eelgrass Protection and Mitigation Plan in 2015 to ensure dredging activities in Newport Harbor do not impose undue impacts on eelgrass habitat (Zostera marine species). The area within Newport Harbor that the Eelgrass Protection and Mitigation Plan is concerned with generally includes the bulkhead to pierhead line plus 20 feet bayward, where maintenance dredging is expected to occur. Allowable dredging may not exceed 75,000 cubic yards per year, nor may exceed 8,000 cubic yards per dredging event. Moreover, the Plan specifies the percentage of eelgrass present that is allowed to be impacted by dredging activities according to three zones and three accompanying tiers (see the Plan for more details8). Those standards are as follows:  In Stable and Transitional Zones, impacts to up to 5% of the eelgrass population/year in Tier 1 and up to 3% in Tier 2 are allowed; in no case, however, may the total impact to eelgrass in Stable and Transitional Zones within any year be greater than 1% of the total abundance of eelgrass in Newport Harbor.  Any impacts to Tier 3 eelgrass populations are only allowed with standard California Eelgrass Mitigation Policy (CEMP) mitigation, such as transplanting, mitigation ratios, and performance standards. To monitor eelgrass populations under this Plan, the City conducts a Plan Area survey every two years and a Harbor- wide survey every four years. This assessment is used to determine the tier levels for present eelgrass habitat, which in turn determines the allowable impacts to eelgrass for maintenance dredging. Areas that are assessed as Tier 3 for two consecutive survey periods require additional action from the City, including working with other relevant agencies to determine the cause of habitat decline and to initiate actions to restore habitat in specified areas. The 2022 Eelgrass Survey mapped a total area of 205.4 acres of eelgrass beds in Newport Bay, which included 109 acres of shallow water eelgrass habitat and 96.4 acres of deep water eelgrass habitat. Figure 3, Eelgrass Habitat, shows the locations of shallow water and deep water eelgrass habitat; Figure 4, Eelgrass Zones, shows where stable, transitional, and unvegetated eelgrass habitats are located. 6 NOAA Fisheries (2014) “California Eelgrass Mitigation Policy and Implementing Guidelines” https://www.fisheries.noaa.gov/resource/document/california-eelgrass-mitigation-policy-and-implementing-guidelines 7 NOAA Fisheries (2014) “California Eelgrass Mitigation Policy and Implementing Guidelines” https://www.fisheries.noaa.gov/resource/document/california-eelgrass-mitigation-policy-and-implementing-guidelines 8 City of Newport Beach (2015) “Newport Harbor Eelgrass Protection and Mitigation Plan” https://www.newportbeachca.gov/government/departments/harbor/harbor-resources/harbor-resources/dredging-permits- information/eelgrass-and-caulerpa GENERAL PLAN UPDATE / NATURAL RESOURCES ELEMENT EXISTING CONDITIONS AND BACKGROUND ANALYSIS MARCH 2024 Since eelgrass habitat surveys began in 2003, eelgrass cover has, on average, increased. Shallow water eelgrass habitat has increased from 30.41 acres in 2003 to 102.21 acres in 2022; deep water eelgrass habitat has increased from 19.90 acres in 2006 to 62.20 acres in 2022. The total eelgrass habitat has therefore increased from 42.97 acres in 2006 to 164.41 acres in 2022 – an increase of 282.62%. However, during this same period, average eelgrass density has been variable, and even decreased since 2004.9 9 City of Newport Beach (2023) “2022 eelgrass Monitoring in Newport Bay, Newport Beach, California” https://www.newportbeachca.gov/government/departments/harbor/harbor-resources/harbor-resources/dredging-permits- information/eelgrass-and-caulerpa 28 MARCH 2024 Figure 3. Eelgrass Habitat GENERAL PLAN UPDATE / NATURAL RESOURCES ELEMENT EXISTING CONDITIONS AND BACKGROUND ANALYSIS 29 MARCH 2024 Figure 4. Eelgrass Zones MARCH 2024 3.3 Mineral Resources Oil is the primary mineral resource in Newport Beach. Historically, drilling for oil began in the early twentieth century and became the primary mineral extraction activity in the area. Two different oil production and reserve areas exist within the City’s Sphere of Influence. There are a total of 65 oil wells in the area, including 15 owned by the City, not including the 1 injection well, with 14 still in operation as of 2023. Of the 65 wells, the West Newport Oil Company owns 48 wells, 9 of which are still in operation today, and South Coast Oil owns 2 currently operating wells. Oil production in the area has declined significantly since the 1980s as numbers have dropped from 80,000 barrels per year to only 20,000 barrels a year in 2020. There are three methane gas collection and recovery systems located in Newport Beach, which were designed to reduce noxious odors from the Hoag Hospital Campus and Pacific Coast Highway. Other than oil and gas mineral resources, there is no active mineral mining in Newport Beach, as all Mineral Resource Zones are either classified as containing no significant mineral deposits or are undetermined. No new mineral resource extraction activities are allowed under Section 1401 of the City’s Charter. Section 1401 of the City’s Charter does not allow new drilling, or production or refining of oil, gas, or other hydrocarbon substances within the City with two exceptions: This Section does not prohibit these activities within any area annexed to the City after the effective date of the Charter if these activities were already in operation, and the City’s Charter and Municipal Codes allow for slant drilling activities for oil, gas, tar, and other hydrocarbon substances within the designated areas shown in Figure 5: Oil Production Areas (Exhibit A of Charter). GENERAL PLAN UPDATE / NATURAL RESOURCES ELEMENT EXISTING CONDITIONS AND BACKGROUND ANALYSIS MARCH 2024 Figure 5. Oil Production Areas (Exhibit A of Charter) GENERAL PLAN UPDATE / NATURAL RESOURCES ELEMENT EXISTING CONDITIONS AND BACKGROUND ANALYSIS MARCH 2024 3.4 Archaeological and Paleontological Resources Changes in geological land formations over time, due to tectonic activity, have resulted in a mix of aquatic and terrestrial fossils underlying the City. The Miocene-age rock units (7 to 26 million years ago), particularly in the Newport Coast area, are of high-order paleontological significance. Deposits found in the Newport Beach area include a variety of marine mammals, sea birds, mollusks, and a variety of vertebrate animals typically associated with the Ice Age (2.5 million years ago to 15,000 years ago). Local paleontological sites, particularly near the Castaways, have yielded fossils of Ice Age horses, elephants, bison, antelopes, and dire wolves. Also, a number of localities in the portions of the Vaqueros formation that underlie the Newport Coast area have yielded a variety of invertebrate and vertebrate fossils, which are also considered to be of high-order paleontological significance. Other areas with significant fossils and known paleontological deposits include the Banning Ranch area, which contains at least fourteen documented sites of high significance, and Fossil Canyon, in the North Bluffs area, which is considered a unique paleontological area. Newport Beach also contains many significant archaeological sites. In the Upper Newport Bay area, there is evidence of the earliest human occupation of what is today known as Orange County, dating to about 9,500 years before present. Over fifty sites have been documented, including the Newport Coast area and Banning Ranch, including burial sites. At least two and possibly three distinct cultural groups inhabited the area, including the Tongva and Acjachemem tribes. The Tongva people occupied the entire Los Angeles basin and the islands of Santa Catalina, San Nicholas, San Clemente, and Santa Barbara, while the Acjachemen people occupied the coastline, valleys, and mountains spanning from what is today Long Beach to Oceanside, east to Lake Elsinore and west to Catalina and San Clemente Islands. Both tribes are suspected to have occupied Newport Bay at some point in their histories.10 Council Policy K-5, last amended by in August 2017, states that the City will ensure that potential public or private development impacts to paleontological and archaeological resources are properly evaluated and mitigated in accordance with the General Plan, Local Coastal Program, and CEQA. The policy outlines the procedures the City shall take to evaluate and mitigate potential impacts to such resources, which includes determination of paleontological or archaeological resources at the initial study level, a preliminary investigation report if resources are known to exist, and an impact assessment report if resources are known to exist, as well as what to do if resources are found on a construction site.11 Additional context on archaeological and paleontological resources can be found in the Historical Resources Existing Conditions and Background Analysis. 10 Orange County Department of Education (n.d.) “Native American People of Orange County” https://ocde.us/ito/Documents/NativeAmericanBackground.pdf#:~:text=The%20original%20inhabitants%20of%20Orange%20 County%20and%20the,San%20Gabriel%20Mission%2C%20but%20they%20call%20themselves%20Tongva. 11 City of Newport Beach. 2017b. “Paleontological and Archaeological Resource Protection Guidelines (K-5).” In Newport Beach City Council Policy Manual. Last updated August 8, 2017. Accessed October 9, 2023. https://www.newportbeachca.gov/home/ showpublisheddocument/2437/636385647487800000. GENERAL PLAN UPDATE / NATURAL RESOURCES ELEMENT EXISTING CONDITIONS AND BACKGROUND ANALYSIS MARCH 2024 3.5 Rivers and Waterbodies The rivers and waterbodies of Newport Beach are a major contributor to the City’s ecological diversity and are integral to the experiences of residents and visitors alike. As shown in Figure 6 there are freshwater, estuarine, riverine, and lake ecosystems in Newport Beach. Of special importance and discussed in detail below are Upper Newport Bay and the Santa Ana River. Upper Newport Bay has been designated as a nature preserve, representing the largest of only a few remaining natural estuarine ecosystems, while the west end of Newport Beach is in the Santa Ana River Watershed with the river itself bounding the city at the northwest tip. 3.5.1 Upper Newport Bay The Upper Newport Bay is nestled within the heart of the city and is one of the largest remaining wetlands in the region, spanning about 1,000 acres, which provide sanctuary to diverse fish, bird, reptile, plant, and other species. Also known as the Back Bay, the estuarine ecosystem is a popular destination for many migratory birds, providing many opportunities for birdwatching. The Upper Bay State Main Conservation Area covers an area of just over 1 square mile and includes lagoon, tidal flats, and coastal marsh habitat. This area protects a variety of small mammals, fish, birds, and crustaceans, and other creatures, including some endangered species. The Upper Newport Bay was designated a nature preserve in 1975 and continues to provide a popular recreation area for biking, horseback riding, hiking, kayaking, birdwatching, and exploring nature. There are several organizations based in the Upper Newport Bay that provide environmental education and opportunities for locals to get involved in conservation efforts. For example, the Back Bay Science Center, developed in partnership between the California Department of Fish and Wildlife, the City, the Orange County Health Care Agency, and the University of California, Irvine, is a hands-on, research-based science center that provides students with opportunities to work with scientists and study Upper Newport Bay’s estuarine ecology. The 12,400-square- foot development is located adjacent to Upper Newport Bay, with waterfront access to the largest remaining natural estuary in Southern California. Providing education about the natural resources of Upper Newport Bay and the surrounding region helps to promote conservation and stewardship throughout the watershed. Being located within a State ecological preserve means this facility is primed to study protected fish and wildlife, monitor water quality in the state-of-the-art testing laboratory, and offer other nature-related educational programs. Programs in this center often target students in grades 7 through 12, but the center also offers research opportunities for college students in the area. In addition to students, there are public opportunities to get involved as well, like with the monthly Marine Life Inventories. Each year, more than 10,000 students and visitors participate with programs and events at the Back Bay Science Center. 34 MARCH 2024 Figure 6: Rivers and Waterbodies in Newport Beach MARCH 2024 3.5.2 Santa Ana River The Santa Ana River is the largest river within the Southern California region, spanning nearly 100 miles across various environments embedded in the counties of San Bernardino, Riverside, and Orange. The river’s rich biodiversity sustains a variety of ecosystems and provides habitat to several species of birds, reptiles, fish, and mammals. The Santa Ana River shares a small boundary with Newport Beach, specifically the city’s westernmost boundary where the river feeds directly into the Pacific Ocean. The City has imposed regulations near the river, including a maximum speed limit of 5 miles per hour for aquatic vessels, encroachment limits for residential homes adjacent to the riverfront, and other property development standards. These are intended to limit human impacts to the river and any biological resources within it. The river has generally healthy water quality and does not pose a threat to its biological resources or human health. However, stormwater runoff following rain events may accumulate bacteria, pollution, and other debris from urban areas, which may find its way into the Santa Ana River. This can pose environmental hazards, particularly when combined with other trash and litter that may be illegally deposited into the river. For more information about water quality, see the Resilience Existing Conditions and Background Analysis. The Banning Ranch Conservancy, a non- profit land conservancy, organizes monthly beach and river cleanups based around the Randall Preserve (formerly Banning Ranch), a 397-acre parcel containing a coastal mesa and wetlands.12 Although the exact quantities of trash are unknown, the organization is one of several dedicated to the maintenance and conservation of the surrounding area. Recent efforts to develop Orange Coast River Park, a multi-jurisdictional network of parks along the Santa Ana River, have also contributed to the conservation of this area.13 3.6 Visual Resources Visual resources are what we see and value in our surrounding landscapes. Newport Beach contains several unique visual resources as it is situated near dynamic natural environments, including the Pacific Ocean, Crystal Cove State Park, the San Joaquin Hills, and the wetlands and bluffs of Newport Bay. Visual resources include aesthetic characteristics of an area and often refer to natural and built environments, as well as the attributes contained within the natural and built environments, including the vegetation and the organisms that inhabit an area. Visual resources contribute to a community’s quality of life and can help build a connection to an area. Public access to visual resources is not only essential for connecting individuals to these resources, but is a key component to ensuring that the preservation of such resources remains a priority for the community. To protect visual resources, the City has identified and designated public view points to ensure that public access to visual resources is preserved. Regulations designed to preserve public view points are detailed in Chapter 4 of this analysis and include regulations to ensure that public views are not obstructed by development. Due to its coastal nature, much of the City’s development, particularly along the ridgelines and hillsides of the San Joaquin Hills, has been designed to capture picturesque views of the coastline, harbor, and bay. Additionally, many streets and highways in the area were also designed to provide view corridors to the ocean and bay including State Route 1, which is eligible for the State Scenic Highway Program, as determined by the California Department of Transportation for its picturesque views of the surrounding natural landscape. In the City, these landscapes include the San Diego Creek, the Upper Newport Bay Ecological Reserve, the Buck Gully Reserve, and 237 acres of 12 BRC (Banning Ranch Conservancy). 2023. “The Santa Ana River Coastal Corridor PEER Program.” Accessed November 2023. https://banningranchconservancy.org/peer/. 13 Orange Coast River Park. 2023. “Welcome to the Orange Coast River Park.” Accessed November 2023. https://ocriverpark.org/. GENERAL PLAN UPDATE / NATURAL RESOURCES ELEMENT EXISTING CONDITIONS AND BACKGROUND ANALYSIS MARCH 2024 beaches, including North Star Beach and Corona Del Mar State Beach. Furthermore, the City includes 450 acres of parkland and open space and 47.7 miles of total coastline, all of which are also considered visual resources. Public access areas providing vantage points that elevate views of the Newport Bay and Upper Newport Bay include West Jetty View Park and Back Bay View Park, respectively. Figure 7 below shows public view points, coastal view roads, existing and proposed beaches and parks, and proposed parks for West Newport area; Figure 8 shows the same for Upper Newport Bay, and Figure 9 shows that of the harbor area. 37 MARCH 2024 Figure 7: West Newport Coastal Views GENERAL PLAN UPDATE / NATURAL RESOURCES ELEMENT EXISTING CONDITIONS AND BACKGROUND ANALYSIS 38 MARCH 2024 Figure 8: Upper Newport Bay Views GENERAL PLAN UPDATE / NATURAL RESOURCES ELEMENT EXISTING CONDITIONS AND BACKGROUND ANALYSIS 39 MARCH 2024 Figure 9: Harbor Area Coastal Views MARCH 2024 3.7 Water Conservation As further described in the Resilience Existing Conditions and Background Analysis, The City’s water usage is relatively stable and the City stayed under its water use target of 207 gallons per-capita per day, achieving an average of 160 gallons per-capita per day. The City’s Water Shortage Contingency Plan allows real-time water supply availability assessments and strategic steps to respond to actual conditions.. 3.8 Water Quality The EPA sets water quality standards for drinkable, swimmable, and fishable waters as identified in the Clean Water Act and the Safe Drinking Water Act. Drinking water provided by the City’s Utilities Department is constantly monitored and meets all relevant state and federal standards.14 Recreational water is generally swimmable and fishable, however, stormwater negatively affects recreational water quality immediately following a storm. As is typical for Southern California, people are advised to avoid recreation immediately following storms as roadway pollution and litter are entering the water supply through the storm drains. 3.8.1 Drinking Water Standards for drinking water, established by EPA and the California Division of Drinking Water, set limits for pollutants that may affect consumer health or the aesthetic qualities of drinking water. The City’s drinking water system consistently meets Federal and State standards to remove contaminants found in sources of drinking water (e.g., rivers, lakes, streams), such as microbial, radioactive, inorganic, and organic chemical contaminants, as well as pesticides and herbicides. Although the majority of drinking water to residents, businesses, institutions, and other consumers is provided by the City Utilities Department, parts of the city are served by external water providers such as the Mesa Water District and Irvine Ranch Water District; these districts are also compliant with applicable Federal and State drinking water standards. In recent years, concerns have been raised over the presence of a type of toxic contaminant, per- and polyfluoroalkyl substances (known as PFAS), in drinking water throughout the United States. These chemicals include perfluorooctanoic acid, perfluorooctanesulfonic acid, perfluorohexanesulfonic acid, and GenX, among others, and are associated with manufacturing, fire suppression, and use on military bases. Although the use of these chemicals is now banned, residual contaminants affect many drinking water supplies throughout the country. PFAS has been detected in the Orange County Groundwater Basin, including one of Newport Beach’s groundwater wells. The California Division of Drinking Water has instituted a monitoring order for all four of the City’s groundwater wells as a result of this detection, requiring that the City tests groundwater wells on a quarterly basis for PFAS. Additionally, the California Division of Drinking Water has set a notification level of 6.5 parts per trillion, at which point water utilities must notify customers of the presence of the chemical, and has set a response level of 40 parts per trillion, meaning the City would be required to eliminate the source of water containing the chemical. The City Utilities Department detected PFAS at a level of 3 parts per trillion in one groundwater well.15 14 Coty of Newport Beach. 2023. Water Quality. https://www.newportbeachca.gov/government/departments/utilities/water-services/water-quality 15 City of Newport Beach. 2023. “PFAS and Drinking Water FAQS.” Accessed November 2023. https://www.newportbeachca.gov/ government/departments/utilities/water-services/pfas-pfoa-and-drinking-water. GENERAL PLAN UPDATE / NATURAL RESOURCES ELEMENT EXISTING CONDITIONS AND BACKGROUND ANALYSIS MARCH 2024 3.8.2 Recreational Water Recreational quality is best when the weather is dry and worst during and immediately following rainy weather. Stormwater runoff collects bacteria, pollution, and debris from urban areas. This runoff eventually flows into Newport Bay and the ocean via creeks and rivers, including the Santa Ana River and San Diego Creek, as well as stormwater drains and channels. For this reason, water quality tends to decline after it rains near the terminus of the Santa Ana River and in Newport Bay where San Diego Creek, Big Canyon Creek, and other stormwater channels drain. Other risks to recreational water quality include potential sanitary sewer overflows (SSO). Newport Beach owns and operates a wastewater collection system that collects residential and commercial wastewater and transports it for treatment to the Orange County Sanitation District. Portions of the City receive wastewater service from Irvine Ranch Water District (IRWD). Residences and businesses hook up private lateral lines to the City’s collection lines. Private and public lines and the City’s pump stations have the potential to cause SSOs, which may lead to beach closures in and around Newport Beach. In the past, beaches along the coast have been closed due to SSOs and these closures have impacted the economy as it relates to summer beach activities. To prevent SSOs, the City maintains a Sewer System Management Plan which establishes system performance provisions, monitoring and management, as well as an overflow emergency response plan. Further, the City has adopted regulations within the Newport Beach Municipal Code, establishing requirements to prevent discharges into the wastewater system, require that sewers and connections are properly designed, ensure access for maintenance and inspection, and enforcement procedures if violations occur. Additional context on water quality as it relates to recreational water quality is detailed in the Resilience Background and Existing Conditions Analysis. 3.9 Energy Conservation The City has taken several actions to conserve energy resources. In 2013, the City finalized its Energy Action Plan (EAP), a roadmap for reducing energy consumption and greenhouse gas emissions. Its goals include reducing the City’s overall carbon consumption, conserving energy at local government facilities, and raising awareness of energy conservation in the Newport Beach community. Towards the goal of reducing energy consumption at local government facilities, the EAP includes energy audits of major City facilities, including City Hall, the Fire Department, Library Services, Municipal Operations, the Police Department. In addition, as a partner in the Orange County Cities Energy Partnership, the City coordinates with SCE, the Southern California Gas Company, and neighboring local governments to identify and create projects to improve energy efficiency and sustainability. Another component of reducing the City’s carbon consumption is increasing the share of renewable energy that supplies energy to the City. As the electricity provider for Newport Beach, Southern California Edison (SCE) is the entity responsible for energy procurement. In 2022, SCE’s power mix included 35.8% renewables, which has steadily increased over the past several years. Senate Bill 100 (2018) requires 100% of the state’s electricity retail sales to be supplied by renewable and zero-carbon energy sources by 2045. SB 100 established interim targets of 90% clean energy by 2035 and 95% by 2040. Thus, SCE and other electricity utilities across the state must increase their renewable energy supply significantly over the next two decades. GENERAL PLAN UPDATE / NATURAL RESOURCES ELEMENT EXISTING CONDITIONS AND BACKGROUND ANALYSIS MARCH 2024 The Resilience Background and Existing Conditions Analysis provides further details energy conservation and SCE’s power mix. 4. Issues and Opportunities 4.1 Air Quality Air quality in Newport Beach is generally good, although there are several pollutants with conditions that may pose moderate health concerns for particularly sensitive individuals such as those with respiratory illnesses and diseases. Ozone and PM2.5 emissions exceed both State and Federal air quality standards, whereas PM10 only exceeds State standards. It is important to note that air quality is measured regionally and does not reflect uniform air quality across Newport Beach. All three pollutants exceeding State and/or Federal standards originate from cars, and as such, the City should leverage existing support to further target reduction from these sources. Currently, the City receives monetary support from SCAQMD via the Air Quality Improvement Trust Fund to implement mobile source air pollution reduction programs; conforms with the Orange County Transportation Authority’s Congestion Management Program; and manages a local transportation demand management program, which imposes development requirements such as carpool parking, bicycle parking, and sidewalk improvements on eligible projects. The City may be able to capitalize on their current pollution reduction efforts through implementation of additional transportation demand management strategies such as congestion pricing, dynamic parking tolls, microtransit and micromobility options, and the adoption of remote and hybrid work schedules, where possible. Additionally, the rising popularity and market share of electric vehicles provides additional opportunities to reduce these emissions. 4.2 Biological Resources There are extensive biological resources in Newport Beach that significantly contribute to the area’s natural beauty and character. Biological resources in the area include the Upper Newport Beach Marine Preserve, Upper Newport Bay State Marine Conservation Area, Buck Gully Preserve, Crystal Cove State Park, and other city parks and natural areas. Many special-status species recognized by the California Natural Diversity Database exist in and around Newport Beach (see Table 5). Issues arise when protecting these sensitive habitats and species as nearby development and human interaction in these areas threaten the ability of certain species and habitats to thrive. Additionally, these special-status species are not confined to jurisdictional boundaries, meaning that extensive coordination between local governments, State and Federal agencies, and private land owners is required to sufficiently protect said species. Well-coordinated protection strategies can allow endangered or threatened species to return to their natural states as they have existed since before human intervention. Without coordination and sufficient protection of said species, important biological resources in the area could be lost, which will negatively impact the environmental and aesthetic value of the area that draws in residents and visitors alike. GENERAL PLAN UPDATE / NATURAL RESOURCES ELEMENT EXISTING CONDITIONS AND BACKGROUND ANALYSIS MARCH 2024 4.3 Mineral Resources There are no significant issues related to the Newport Beach’s mineral resources. Although 14 of the 65 existing oil wells in the City remain in operation, oil production operations are but a fraction of what they were in the 1980s. This is likely a result of the City’s highly restrictive regulations on mineral extraction, which only allows slant drilling in specific areas, prohibits all ocean-based drilling activities, and prohibits all new resource extraction activities. All areas where extraction is currently allowed are remnants of the City’s past, and other than gas and oil extraction, the City does not contain any significant mineral deposits. Thus, there are no present issues related to the conservation of mineral resources. 4.4 Archaeological and Paleontological Resources Impacts to archaeological and paleontological resources from development activities continue to be mitigated largely through compliance with CEQA regulations and the City’s archaeological guidelines for development. If an archaeological site is found to contain historical resources, as defined in section 15064.5 subsection (a) of the CEQA Handbook16, CEQA requires for an environmental impact assessment, mitigation measures, public participation, consideration of alternatives, and other provisions apply. When Native American human remains are identified, or probable likelihood is determined, as part of an initial study, the lead agency must work with the appropriate Native Americans as identified by the Native American Heritage Commission. Moreover, if accidental discovery of human remains in any location other than a dedicated cemetery, no further excavation or disturbance of the site may occur until the county coroner is contact, who determines if the remains are of Native American persons, and if this is the case, the Native American Heritage Commissions then becomes involves to contact the most likely descendent to determine proper treatment or removal of the remains. In cases where significant archaeological or paleontological resources are found during initial study, or accidentally in the site development process, the project may be delayed significantly as appropriate measures are taken to mitigate impacts to such resources and proper treatment is given to any human remains. As present-day Newport Beach, particularly Newport Bay, was the site of occupation of two major Native American tribes – the Tongva and Acjachemen peoples – the likelihood of identifying archaeological or paleontological resources on previously undeveloped land is somewhat high. 4.5 Rivers and Waterbodies Newport Beach’s rivers and waterbodies are vital contributors to the region’s ecological and biological diversity. In the case of Upper Newport Bay, the City has leveraged its partnerships with other agencies and organizations to maintain the quality of the City’s largest body of water aside from the Pacific Ocean. Both the Upper Bay State Marine Conservation Area and the Back Bay Science Center provide significant opportunities for environmental education, research, and conservation in the City and collectively promote environmental stewardship. Educational facilities and centers, such as the Back Bay Science Center, have the potential to play a greater role in the 16 Association of Environmental Professionals (2023) “2023 CEQA Statutes & Guidelines” https://www.califaep.org/statute_and_guidelines.php GENERAL PLAN UPDATE / NATURAL RESOURCES ELEMENT EXISTING CONDITIONS AND BACKGROUND ANALYSIS MARCH 2024 conservation of Newport Bay. Additional educational programs and public workshops may be able to encourage more active involvement from the community. Community-driven initiatives can play a pivotal role in the conservation of ecosystems that may not receive as much attention and financial support as other areas like the Upper Newport Bay. This is the case for the Santa Ana River, where the Banning Ranch Conservancy’s cleanup efforts and the continued development of the Orange Coast River Park have been instrumental in addressing existing environmental hazards and promoting the vision of a healthier and more sustainable river environment for both wildlife and the community. 4.6 Visual Resources The City prides itself on its unique access to nature and has been proactive in preserving its natural landscapes, particularly through development and property regulations that limit obstructions to its visual resources. The City facilitates public access to these visual resources through access to view points that provide picturesque views of the coastal sunsets and the City’s landmarks such as the waterfronts of the Newport Bay and Newport Harbor and the rugged hillsides of Crystal Cove State Park. The State Scenic Highway Program provides the City with an additional opportunity to further protect the character of its coastline, particularly along the State Route 1 corridor. The program, managed by the California Department of Transportation, protects designated scenic highways and adjacent corridors through a Corridor Protection Program, which includes all relevant local and regional ordinances, zoning policies, and other planning tools intended to preserve the quality of the designated highway. Specifically, the program requires regulations in five areas: land use and development density, detailed site planning, outdoor advertising, landscaping, and design and appearance of structures and equipment.17 The segment of State Route 1 that traverses through Newport Beach is eligible for the program, providing the City with an opportunity to capitalize on the existing protections of its visual resources, should the City desire to pursue it. 4.7 Water Conservation Refer to the Resilience Existing Conditions and Background Analysis for additional information. 4.8 Water Quality Refer to the Resilience Existing Conditions and Background Analysis for additional information. 4.9 Energy Conservation Refer to the Resilience Existing Conditions and Background Analysis for additional information. 17 Caltrans (California Department of Transportation). 2023. “Scenic Highways: California State Scenic Highways.” Accessed November 2023. https://dot.ca.gov/programs/design/lap-landscape-architecture-and-community-livability/lap-liv-i-scenic-highways. GENERAL PLAN UPDATE / NATURAL RESOURCES ELEMENT EXISTING CONDITIONS AND BACKGROUND ANALYSIS MARCH 2024 5. Recommendations The City has demonstrated its commitment to the conservation and protection of its natural resources by implementing multiple measures and strategies across various resource areas, including air quality, biological resources, and visual resources. In addition to its conformance with regional and State policies such as the Local Coastal Act, the City has channeled additional resources to support these efforts. One notable example of this additional commitment is exhibited through the City’s system of view parks, which were developed specifically to enhance access to its visual resources. This is reflective of the City’s understanding of the value that natural resources bring to the City and the greater environment. However, despite the City’s effective implementation of strategies to conserve its natural resources, there are additional opportunities for policy focus through the General Plan Update. 5.1 Research Implementation of Additional Transportation Demand Management Strategies As mentioned in Section 4, Existing Conditions, the City faces challenges in meeting air quality standards, particularly with emissions of ozone and both types of particulate matter exceeding acceptable levels as determined by the State and Federal government. Given that all three of these pollutants share a source in cars and similar vehicles, the City should research, identify, and implement policies and strategies that provide residents and visitors with more diverse mobility options. These can include providing a mix of land uses with park-once strategies, improving upon public transportation, promoting active modes of transportation such as cycling and walking, and implementing micromobility options. 5.2 Additional Protective Measures for Biological Resources Several species that inhabit ecosystems within the City and areas around it have been designated as endangered or threatened by State and Federal agencies, indicating an urgent need to enact policies and ordinances that regulate the ecosystems where these species live. These resources are valuable to the City, and this is especially pertinent given the City’s unique balance of the natural and built environments, a distinctive quality for which the City is known for. The City should explore opportunities to build upon its foundational policies and enact additional measures that preserve the safety of and access to these resources. Such measures may take the form of additional protective policies, formation of new partnerships, or funding support for existing non-profit organizations and agencies dedicated to these causes. This could include working with private land owners, including homeowners, to increase natural habitat for native and endangered species migrating northward as a result of climate change. This could also include increasing habitat and education on City-owned property. 5.3 Identification of Visual Resources While public view points have been identified, the City could utilize the General Plan Update process to engage the community on prospective additional view points. Visual resources and potential view points could be discussed GENERAL PLAN UPDATE / NATURAL RESOURCES ELEMENT EXISTING CONDITIONS AND BACKGROUND ANALYSIS MARCH 2024 through the outreach and engagement program, providing interested parties with the opportunity engage with the City on what existing view points mean to them and where additional view points may be needed. This should be carefully balanced with an understanding of planned land uses and intensity, so as to not create new standards that could limit potential development in a manner that is inconsistent with the City’s goals. 5.4 Conservation Education Much of Newport Beach’s identity is rooted in it’s natural resources where residents and visitors alike can recreate and seek refuge at the beaches, on the bay, and in open spaces. Given the community’s strong connection to natural resources, this offers the City with a distinct opportunity to connect with and educate the community on nature and conservation. Educational programs can take shape in many forms, most notably through interpretive signs and displays in key areas such as along trails, at public view points, and at beaches. Education programs related to conservation can help the community forge a stronger connection to its natural resources, adding value to the user experience and instilling a sense of responsibility for ensuring the long-term conservation of natural resources. GENERAL PLAN UPDATE / NATURAL RESOURCES ELEMENT EXISTING CONDITIONS AND BACKGROUND ANALYSIS MARCH 2024 6. Conclusions The natural resources of Newport Beach are cherished and valued assets, as made evident by the City’s extensive efforts to preserve and protect these resources. Local regulations and ordinances governing the built environment and human activity has made the City’s commitment clear. City policies have reduced deliberate harm to its natural resources and, in many instances, actively emphasize their protection. These policies have facilitated the ability of the City’s residents to coexist alongside all of its natural resources and thereby crafted a careful balance of the built and natural environments. Recommendations made to improve the City’s protection of its resources highlight its capacity to do more than meet State and Federal requirements, as demonstrated by the City’s previous and current efforts. GENERAL PLAN UPDATE / NATURAL RESOURCES ELEMENT EXISTING CONDITIONS AND BACKGROUND ANALYSIS MARCH 2024 INTENTIONALLY LEFT BLANK