Loading...
HomeMy WebLinkAboutTS108 GPA 95-1(D); EIR No. 155; LCP No. 39 Amendment No. 823 Use Permit No. 3565. Traffic Study No. 108 Development Agreement No. 6 - CIOSA, Amendment No. 1 Development Agreement No. 9 PLEASE SEE AMENDMENT NO. 823 FOR COMPLETE SET OF STAFF REPORTS �� r* CITY'OOF NEWPORTBEACH MINUTES ROLL � >- w w H September 11, 1995 QrM (D > w CALL Q � wwoJ % INDEX �,� 3g2000 Council Member Wat/N3 ested staff report back as soon as possible o noise created by th tidepool program. 23. Mayor Hedges opthe public h aring Ord 95-39 regarding proposed ONCE NO. 95.39 Zoning (94) AMENDING TITLE 2 THE NEWP T BEACH MUNICIPAL CODE EINSTATE TICE AND APPEAL PROCEDUOR SPE ALTY FOOD SERVICE APPIONS (PLANNING PCA 829 COMMISSION AMENNT NO. 29). Report from Planning rtm nt.Assistant City Manage o stated this item wasinitiated by the City il in response to somecomplaints, padiculon Balboa Island,regardinglack ofnor appeal regarding specialty food ordi nces, and as a result, the proposed Ordina a contains language which provides fora sp ial procedure to allow property /ab s within 100 feet of specialty food shment o appeal that establishment to the cation Committee. g one wishing to address the Council, the aring was closed. Motion x was made by Council Member Edwards to Ordinance No. 9539. il Member Edwards stated that the subject nce "is not perfect and he will continue to ith the Planning Commission on this item." All Ayes tion was voted on and carried. 24. Mayor Hedges opened the public hearing Ord 95-42 regarding proposed ORDINANCE NO. 95-42, CIOSA Dev Agm No. 6 ADOPTING FIRST AMENDMENT TO THE C-2920 DEVELOPMENT AGREEMENT BETWEEN THE CITY OF (38) NEWPORT BEACH AND THE IRVINE COMPANY, INC., WITH RESPECT TO THE CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT (CIOSA) (DEVELOPMENT AGREEMENT NO. 6); AND Volume 49 - Page 413 C I TY*OF NEWPORT EACH " MINUTES ROLL ¢ E' a: 0 > W September 11, 1995 CALL sI- WW0 _j � 3Ai 'u � o INDEX Judy Rosen, 200 Poppy Avenue, also addresse Zoning/Noise the Council and cited Section 10.26.0 Element Exemptions to the Noise Ordinance, which state in part that "without limitation, sporting nd recreational activities which are sponsored co- sponsored by the City of Newport Beach r the Newport Mesa Unified School Distract." Sh elt the City does co-sponsor the tidepool progr but is exempting itself from the Noise Ordinanc , and this "frightens her." She stated that m y of the properties in the area have been f -sale for a long period of time because of this isance, and that said nuisance is also de aluating the properties. She suggested as a olution to this problem, that the students. be ssed to Crystal Cove State Beach where the by ses can park free and the program will be safer or the students as well. Dickson Shaffer, 232 Ev ing Canyon Road, addressed the Council reg rding noise created'by air conditioning and othe HVAC equipment that is aliowedto.be placed a operated in narrow side yards. He commend the City Council for its efforts to adopt a N e Ordinance which would replace the April 1 81 Noise Ordinance. The proposed regulati ns will be slightly more protective of nois impacted neighbors, and their property rights th 'is the existing code; however it will be less prof five than ordinances enacted in recent years by various southern California coastal cities which ve similar high density residential noise proble s. He urged the Council to adopt the propos Ordinance, but stated that hopefully at a later ate the document will be amended to address uivalent noise level measurement as he felt the roperly line is the most reasonable and simple lace to take such a measurement. Heal g no one else wishing to address the Cc ncil,the publie,hearing was closed. Motion x otion was made by Mayor Pro Tem Debay to All Ayes dopt Ordinance No. 95-38. Mayor Hedges requested that staff bring back on September 25, an amendment to the proposed Ordinance which addresses those residential properties immediately adjacent to commercial areas with a view to considering them under the mixed-use provision of the Ordinance. He also requested the staff address any special problems which may arise as a result of those institutions providing emergency or vital public services to the community. Volume 49 - Page 412 CITY OF NEWPORT tEACH MINUTES (Y W W H ROLL F' > w septemberll, 1995 Lr' Q � wAC; CALL w 3 A = v U o INDEX Proposed ORDINANCE NO.,95-43, Ord 95-43 Fletcher Jone ADOPTING A DEVELOPMENT AGREEMENT Motorcars BETWEEN THE CITY OF NEWPORT BEACH AND Dev Agm No. 9 FLETCHER JONES MOTORCARS, INC., - WITH C-3067 RESPECT TO THE FLETCHER JONES MOTORCARS - (38) MERCEDES BENZ DEALERSHIP PROJECT (DEVELOPMENT AGREEMENT NO. 9). Report from Planning Department. City Manager Kevin Murphy gave a brief overview of this item noting that in 1994, the City became aware that Fletcher Jones Motorcars was considering relocation to a site in the City of Irvine. After discussions with Ted Jones, the City and the applicant decided to pursue entitlement to allow for construction of a new automobile dealership on the San Diego Creek North site in the City of Newport Beach. As part of the agreement between the applicant and the City, a sharing of entitlement and development costs was agreed to in a Memorandum of Understanding executed on March 10, 1995. That agreement provided for the City to offset certain development costs which were extraordinary, due to the highly constrained nature of the proposed development site. Mr. Murphy summarized some of the key components in the Development Agreement as follows: 1) The City will make its best effort to acquire three parcels of land located at 3300 Jamboree Road which are currently owned by The Irvine Company, the Transportation Corridor Agency and Caltrans. 2) The City is also going to make its best efforts to obtain all non-City permits in cooperation with Fletcher Jones. 3). The City committed to the preparation of the Environmental Impact Report and will split those costs on an appropriate basis with Fletcher Jones. 4) The City has committed to the construction of the Bayview Drive extension 600 feet east of Jamboree Road at an estimated cost of $400,000 and Fletcher Jones has agreed to reimburse the City $80,000 for the next five years to pay for those costs. Volume 49 - Page 414 C I T-TA OF NEWPORT BEACH MINUTES' ROLL Q 0 > w September 11, 1995 CALL A � w � oo� z w :K P :c U C9 0 INDEX 5) The City has agreed to convey The Irvine Fletcher Jone; Company parcel to Fletcher Jones at no cost, to convey the Calfrans parcel to Fletcher Jones at a cost equal to the purchase price paid by the City to Caltrans, and to lease the Transportation Corridor Agency parcel to Fletcher Jones for$1.00 per year. Mr. Murphy pointed out that'Fletcher Jones will be developing on a site which contains a wetlands, habitat of the California Gnatcatcher, two major water lines which traverse through the middle of the ,property, a major overhead electric transmission line which needs to be relocated, and will incur extraordinary costs to bring utilities to this site. 6) The City has also committed to promptly process all City permits and agreed to basically split the cost of the entitlement process 50-50. The developer has agreed to pay for all costs to construct the new dealership, and to prepare all the plans and specifications for the project. 7) If there is any future sale of the site within 20 years,the City and Fletcher Jones would split any net profit after all the development costs have been considered. Under the terms of the Development Agreement, the project must generate 80 million dollars per year for the first five years or the developer agrees to reimburse the City's portions of its costs to put this project together. The Agreement also contains a provision whereby the property would revert to the City if Fletcher Jones fails to operate as a car dealership or another permitted use on the site In the future. Hearing no one wishing to address the Council, the pubiic,hearing was closed. Motion x Motion was made by Council Member Edwards to All Ayes adopt/approve the following: 1) Resolution No. 95.102, certifying EIR No..155; Res 95-102 2) Resolution•No. 95-103, approving General Plan Res 95-103 Amendment No. 95-I(D); 3) Resolution No. 95-104, approving Local Coastal Res 95-104 Program Amendment No. 39; 4) Resolution No. 95-105, approving Planning Res 95-105 Commission Amendment No. 823; Volume 49 - Page 415 CITY OF NEWPORT BEACH MINUTES u•, ROLL September 11, 1995 ¢ � Qo > w 3 � wwo � , INDEX CALL LLI U C7 0 5) Sustain the Action of the Planning Commission U/P 3565/Tfc for Traffic Study No. 108 and Use Permit No. 3565; Stdy 108 6) 'Ordinance No. 95-42, approving the First Ord 95-42 Amendment to Development Agreement No. 6 - CIOSA; and 7) Ordinance No. 95.43, approving Development Ord 95-43 Agreement No. 9 - Fletcher Jones Motorcars. 25. Mayor Hedges opened the continued PubII Balboa Trnsp hearing regarding request of BALBOA TRANSPO (27) 5432 Mildred Circle, Cypress, for CERTIFICATE ate F PUBLIC CONVENIENCE AND NECESSITY to op taxi in Newport beach. Report from Revenue Manager, Admi strative Services/Finance Department. The City Manager advised that the ele tric vehicle in question had not properly c plied with requirements of the Vehicle Code, a d therefore, it is recommended this item be continued to September 25. Roger Michael, Applicant, alboa Transport, addressed the Council and r ferenced letters he had received from 40 bus' ess owners and 23 residents on Balboa Island ho were in support of his idea to provide tran ortation between the Marine Avenue busines district and the ferry landing at Agate Street and charge $1 each way. He also proposes to the vehicle in the loading zones on Agate at Sop th Bayfront, and Marine and Park Avenues to ait patronage, as well as load/unload passe gers. Motion x Council Memb Watt indicated she felt the Council shoul not act on this item until the conces of a Police and Traffic Departments regarding p ing, interruption of traffic, etc., have been ad sed. She also stated she would not be at the C uncil meeting on September 25, and therefor moved . to continue this matter to Octobe 9. Mr. chael responded that he has been waiting six eeks to get approval of his request, that he ha purchased the required insurance, and b cause of financial reasons, he would hope it ould not be delayed beyond September 25. Dan Stringer, Balboa Island resident, addressed the Council and stated he was not opposed to Mr. Michael's idea, but he would Urge the Council to not rush into approving his request without giving it serious consideration. Volume 49 - Page 416 C I TNO OF NEWPORT OBEACH �� s MINUTES - rum' n rY .J ROLL ¢ �' ¢ W ' September 11, 1995 CALL Qawwooz W 3q = U00 INDEX All Ayes The motion made by Council Member Watt was voted on and carried. PUBLIC COMMENTS Jan Vandersloot, 2221 E. 16th Street, addresse the Council and submitted a copy of a letter ated September 10, 1995 to the Coastal Com fission regarding the proposed residential deve pment on the Castaways site, requesting they fo ow their staff's recommendation and appr ve the proposed project, with special co ditions to require redesign of the project t eliminate wetlands impacts. The redesign wou mean that 9 or 10 parking spaces be found els here on the site so that a parking lot extensio would not be built into a ravine which contain 19 willow trees among assorted other trees. Th redesign would also mean that a 15-foot tall'ret fining wall would not be built into the wetlands. ,e also cited four alternatives for the parking sp es as enumerated in his letter. He felt the pr osed project does great damage to the ravine and the wetlands, as well as to the Coastal Act and jeopardizes wetlands throughout coos I California. He stated he also included with s letter to the Coastal Commission, letters from the Newport Conservancy, SPON, a d Council Member Jean Watt, all in support relocating the 10 parking spaces to eliminate w tland impacts. ORDINAN E S F R ADOPTI N 26. Proposed ORDIN CE NO. 95-40, Ord 95=40 Tfc/Pedicabs AMENDING CTION 12.56.010 AND ADDING Surrey Cycles SECTION 12 6.150 TO CHAPTER 12.56 OF THE (85) NEWPORT ACH MUNICIPAL CODE PERTAINING TO THE OP RATION AND USE OF SURREY CYCLES AND PED, ABS. Recycled report dated August 21, 1995 from Assistant ity Attorney. The Manager stated that the proposed ame ment will define the terms "surrey cycle" and "pedicab" and place the prohibition in a se rate section of the, Municipal Code. The a endment will also require businesses that rent s rrey cycles or pedicabs to inform renters where he surrey cycles or pedicabs are prohibited. The rental companies must also post the surrey cycles and pedicabs with the restrictions: In addition, any person who operates a surrey cycle or pedicab rental service, shall fix a flag to it of international orange or similar color to increase its visibility. Volume 49 - Pape 417 aEWppS,� CrrY of NEWPORT BEACH Hearing Date: September 11, 1995 PLANNING\BUILDING DEPARTMENT Agenda Item No.: �`l 33w NEWPORT BOULEVARD Staff Person: Patricia Temple NEWPORTBEACKCA92&0 (714) 644-3228 (74)60-32 °,FAX(7 4)60-3150 REPORT TO THE MAYOR AND CITY COUNCIL SUBJECT: Fletcher Jones Motorcars (Fletcher Jones,Jr.,applicant) 3300 Jamboree Road,Newport Beach SUMMARY: The applications being considered will, if approved, allow for the development of a new facility for Fletcher Jones Motorcars - Mercedes Benz. In addition to new and used car sales and leasing, the dealership will offer auto service, including body work, a parts department, customer lounge, and boutique retail sales areas. A substantial amount of the auto storage areas are enclosed in a parking structure. Su"ested Action Hold public hearing;if desired: 1. Adopt Resolution No. ,certifying E1R No. 155 2. Adopt Resolution No. ,approving General Plan Amendment No. 95-1(D) 3. Adopt Resolution No. , approving Local Coastal Program Amendment No.39 4. Adopt Resolution No. approving Amendment No. 823 5. Sustain the Action of the Planning Commission for Traffic Study No. 108 and Use Permit No. 3565 6. Adopt Ordinance No. 9542, approving the First Amendment to Development Agreement No. 6-CIOSA 7. Adopt Ordinance No. 95-43, approving Development Agreement No. 9 - Fletcher Jones Motorcars Background In 1994, the City became aware that Fletcher Jones Motorcars was considering relocation to a site in the City of Irvine. After discussions with Mr. Ted Jones,the City and the applicant decided to pursue entitlement to allow for construction of a new automobile dealership on the San Diego Creek North site. As part of the agreement between the applicant and the City, a sharing of entitlement and development costs was agreed to in a Memorandum of Understanding executed on March 10, 1995. That agreement provided for the City to offset certain development costs which were extraordinary, due to the highly constrained nature of the proposed development site. Some of the development constraints present on the San Diego Creek North are: • The presence of Coastal Sage Scrub habitat, a protected habitat of the California Gnatcatcher. • The presence of wetlands on site. • Water and utility lines and easements • , • Multiple ownerships, which include The Irvine Company, the Transportation Corridor Agencies and the State Department of Transportation. The main portion of the site was also part of the CIOSA Agreement,and slated for dedication to the City as part of that agreement. • Potential need to use a portion of the site for a connector ramp(JR-5)between Jamboree Road and the Corona del Mar Freeway(SR 73). Due to difficulties associated with the entitlement process, the City has managed the program with the participation of representatives of Fletcher Jones Motorcars. This hearing will conclude the basic entitlement actions, and will.allow the project to proceed to the-Coastal Commission at its November hearing. Plannine Commission Recommendation At its meeting of August 24, 1995, the Planning Commission voted(5 ayes, 2 absent) to recommend City Council approval of these items. A copy of the staff report and an excerpt of the minutes of the Planning Commission meeting are attached for the consideration of the City Council. ,Respectfully submitted, f� Patricia L. Temple Planning Manager Attachments: 1. Staff Report to Planning Commission dated August 24, 1995 2. Excerpt of draft Planning Commission minutes of August 24, 1995 3. Resolution for Certification.of Environmental Impact Report No. 155 4. Resolution for General Plan Amendment 95-1 (D) 5. Resolution for Local Coastal Program Amendment No. 39 6. Resolution for Amendment No. 823 7. Ordinance No. 9542(First Amendment to Development Agreement No. 6-CIOSA) 8. Ordinance No. 95-43 (Development Agreement No. 9-Fletcher Jones Motorcars) 9. Memorandum of Understanding 10,.Final Environmental Impact Report No. 155 11.Draft Environmental Impact Report No. 155 was previously distributed PLT-.F:1WP511PLANNIN011PUBNOTTLET MUUP356SC2.DOC FLETCHER JONES MOTORCARS SEPTEMBER 11,IW5 Paget • . Attachment No. 1 NEw PoR� Crnr OF NEWPORT BEACH Hearing Date: August 24, 1995 o PUNNING\BUILDING.DEPARTMENr Agenda Item No.: 3 no NEWPORT BOULEVARD Staff Person: Patricia Temple NEWPORT BEACH,CA9260 (714) 644-3228 (re)6++-,v°°°rAx(rs)44s�5° Appeal Period: automatic REPORT TO THE PLANNING COMMISSION SUBJECT: Fletcher Jones Motorcars (Fletcher Jones,Jr.,applicant) 3300 Jamboree Road,Newport Beach SUM311ARY: The applications being considered will, if approved allow for the development of a new facility for Fletcher Jones Motorcars - Mercedes Benz. In addition to new and used car sales and leasing, the dealership will offer auto service, including body work, a parts department, customer lounge, and boutique retail sales areas. A substantial amount of the auto storage areas are enclosed in a parking structure. REQUESTED ACTION: If desired, recommend City Council approval of. • A. Certification ofEIRNa 155, (Public Hearing); • A General Plan Amendment No. 9S-1(D),(Public Hearing • C Local Coastal Program Amendment Na 39, (Public Hearing); • D. Amendment Na 823, (Public Hearing); • F. Traffic Study Na 108, (Public Hearing); • F. Use Permit Na 3S65; (Public Hearing); • G. Development Agreement Na 6(CIOSA);(Public Hearing), • H. Development Agreement Na 9, (Public Hearing). procedures are set forth in Council Policy S-1 and K-3, Title 20 and Title 15 of the Newport Beach Municipal Code. (1VFRVTFW OF KEY TSSITES 1. Appropriateness of the Proposed Use/Neighborhood Compatibility: Does the automobile sales facility represent the most appropriate use of the property, and would the project be compatible with surrounding neighborhoods. 2. Potential Loss of Public Facilities: Will the change in the Zoning designation for this site, which currently provides for: open space, a potential fire station, as well as a Park and Ride station contribute to a loss of public services. 3. Fiscal Implications: What are the fiscal implications of the proposed project. 3 VICINITY MAP c� 73 �`� is ♦ ♦ ;'� '_.. &O� j1 �l. ^'— M.� •J r 1, ``�+1i��Il ♦F '� �%,L::f?'•• ,ty���.!i� ,`/ � / • 4� V�\� r e. IN 63 ' ih � 9 t: Dtl.2K•>'PO t10�• .i" ice` A ♦ n.`• /PROJECT +'�B, YI=M'I I _ `d' \�•. �''�!•�M�' \\. �.Or''• / SITE `, ".�,• �"a\ hg y'�� v i t. h'1 `✓ W l• _ -3aii Di�6._� . /� iyy•^ 1 1 lV salt . E zporu:rs \ .tP:V 11 _ �.. .���_ .� '' vale +sue C\!\'Egi1TY eP .,• r pi4. Tank • iRt'.1 t' tL o 4 t 'r • � rya 0 �..h o. o "o � V �•_ 'SAN30A UII:Ftnrc r ,�•.,•i= . 1 s. t+t ly . 1 —_� TRADISPORTATIONOORRIDOR 1•?.��_ ��'•�-'''`.in �y ~.'\�ONetrt•� i-"'Yl����'` „(UudaConstruction) .. FLETCHE R JONES MOTORCARS' 1 $ybiect Propga and S trnxm incr Tand Uses o Creek North and Jamboree MacArthur The subject property is currently an undeveloped site in the San Diego ' grand easterly of Planned Community. To the north of the subject property is the Corona Del Mar Freeway corridor y the site across Jamboree Road is the Bayview Planned Community which is developed with a high-rise hotel and mid-rise office buildings. To the south of the site is the proposed extension of Bayview Way, with a wetland mitigation area(t`or the TCA)and.ihe San Diego Creek Channel beyond,and is bounded on the west by the San Joaquin Hills Transportation Corridor that is currently under construction pIBTCHER]ONFS MOTORCARS AUOUST24,1995 Paget 11 ANALYSIS SU MIARY-KEY ISSUES . 1. Appropriateness of the Proposed Use/Neighborhood Compatibility: The site has been designated for some form of commercial development since the General Plan was adopted in 1972. It is located in a triangle which is highly impacted by local arterial and regional transportation facilities. It is this highly visible location which makes the site desirable for the proposed use. From a land use standpoint, the use proposed for the site is compatible with the surrounding area, since its isolation from sensitive land uses will minimize land use conflicts. 2. Potential Loss of Public Facilities: The primary issues associated with the amendment to the CIOSA agreement are loss of a site for a fire station and a park-and-ride facility, the primary uses identified for the site if it came into public ownership. In terms of the fire station, the site has been considered for an additional facility to improve levels of service in the most northerly parts of town. It is not, however, considered optimal from the point of view of the Fire Department. This Department is looking for a site which will either serve both the east and west side of Newport Bay and/or allow for the relocation of an existing facility to improve service while not increasing the total number of fire stations serving the City. This site does not allow for the accomplishment of these goals. Therefore, the loss of the site as a fire station site is not considered significant by staff. A park-and-ride facility was also identified as a possible use of the property. This use was considered due to the location of the site in close proximity to the high occupancy vehicle (HOV) access lanes of the San Joaquin Hills Transportation Corridor (SJHTC). This loss should be considered by the Planning Commission in making its decision on this project. However, it should be noted that a park-and-ride facility in this location could be questioned, as it is within a major employment center. Most facilities of this nature are located in close proximity to residential concentrations, to gather and bring people to employment areas. Therefore, the loss of a park-and-ride location in this area is not considered significant. 3. Fiscal Implications: Subsequent to the approval of the CIOSA Agreement, the City's fiscal situation has become strained. The City became very aware that preservation of all sources of revenue is a priority. At the same time, the City became aware that Fletcher Jones Motorcars was considering relocation to alternate sites in the City of Irvine. This would'have-significant impacts to the fiscal health of the City, since this business is the eighth highest revenue generator in the City. The City quickly sought out sites within the City which could be used for an automobile dealership meeting the criteria established.by Mr. Ted Jones.The San Diego Creek North site was identified as having sufficient size and appropriate location to accommodate the needs of Fletcher Jones Motorcars, and would, therefore, keep this significant business in the City of Newport Beach. For the information of the Planning Commission, the 1994 revenue associated with the existing automobile dealership was approximately $569,000, including property, sales and business taxes. An estimate of the City's services costs for the business is approximately $165,000,which is predominantly the fair share cost of police services. nETCKR JONES MOTORCARS AUGUST24,1995 Page • . � r r ANALYSIS OF REQUESTED APPROVALS A. Environmental1nwactRenor1Na 1S5 COMPLIANCE WITH THE,CALIFORNIA ENVIRONMENTAL QUALITY ACT(CEM In accordance with the California Environmental Quality Act(CEQA),the,State CEQA Guidelines and City Council Policy K-3, a Draft Environmental Impact Report (DEIR) has been prepared to evaluate the potential environmental effects of the proposed project, The DEIR was published on June 19th for a 45-day public review period that extended through Thursday,August 3, 1995. Copies of the DEIR were distributed to the Commission previously,and were also made available to all Interested parties-without charge. According to standard City policy, the DEIR was prepared by City staff and consultants selected and directly managed by City staff The DEIR concludes that if the proposed mitigation measures are adopted, the project would not cause any significant environment effects in all analysis areas,which the exception of that listed below: • The project will contribute to the cumulative loss of open space in the region. B&C General Plan Amendment No. 95-10 and Local,Coastal Program Amendment No. 39 Proposed is an amendment to the General Plan Land Use Element and the Local Coastal,Program, Land Use Plan to redesignate the site from Administrative, Professional and Financial 'Commercial (APF) to Retail and Service Commercial(RSC). The development intensity for the site would also be changed from 112,000 sqt. of allowable development to a Floor Area Ratio of 0.5/0,75, consistent with other RSC designated areas in the City. Should the Planning Conunission wish to recommend to the City Council the approval of these Amendments, draft Resolutions have been provided. D. Amendment No. 823 An amendment to the adopted Planned Community District Regulations for San Diego Creek North and Jamboree/MacArthur has been requested to establish Area No. 4 and to revise the permitted uses allowed within that area, to establish an automobile sales facility, subject to the securing of a use permit. A strikeout and underline copy of the proposed amended Planned Community District Regulations is attached for the Commission's information. Should the Planning Commission wish to recommend to the City Council the approval of Amendment No. 823,the adoption of the attached Resolution is suggested. nETCHERJONESMOTORCARS AUOUST24,1995 Page4 I E Traffic Study No. 108 As required by the City's Traffic Phasing Ordinance, a traffic study was prepared for the proposed project. Based upon the information contained in the study, the project will cause an increase in an already unacceptable level of service at two intersections (Jamboree Road/Bristol Street South and Campus-Irvine/Bristol Street South). The Traffic Phasing Ordinance provides that reasonably foreseeable future improvements that affect the study area be included in the TPO analysis. There are three programmed improvements in the City which will have a direct benefit in reducing project impacts. These improvements are fully funded, and are scheduled for completion prior to or the same time as project occupancy. These are improvements to Birch Street-Mesa Drive, the construction a connection between SR- 55 and SR-73 (Connector"D"), and an intersection improvement at Jamboree Road/Bristol Street South. With these improvements the project meets the criteria of the Traffic Phasing Ordinance. On a long-range basis, however, there will be a cumulative impact to the intersection of Jamboree Road/Bristol Street North. A mitigation measure has been included which will require a fair share contribution to the future improvement of this intersection. F. Use Permit No. 3565 A Use Permit is required for the establishment of an automobile facility subject to the approval of the General Plan Amendment to the San Diego Creek North Planned Community Fletcher Jones Motorcars is proposing to relocate their existing automobile sales and service facility, located at 1301 Quail Street,Newport Beach, and to develop a currently vacant site located at 3300 Jamboree. The proposed development will include a 3-story, 89,000 square foot, parking structure for visitor and employee parking, automobile sales, parts department, service department, automobile showroom display area, employee lounge, related offices, and outdoor display areas. Also included is a 1,800 square foot food establishment located within the interior of the building for the convenience of customers and employees. E1.ETCHER JONES MOTORCARS AUGUST 24,1995 Page .1 Proiect Develonment Characteristics Table .- . ,. . . . .. . . Pro" 'sell •ori•; Hours of operation: 6.Wa.m. to 10:00 pmt,daily Land Area: 419,483 sq.ft. Proposed Gross Structural Area- 155,000 sq.ft. Proposed Enclosed Parking Area 89,000 Sq.ft. TOTAL ENCLOSED SQ.Fr. 244,000 sq.ft. EnclosedParldng Structure Ground Level 38,000 sq.ft. Mddle level 51,000 sq.ft. TOTAL ENCLOSED PARKING 89,000 sq.ft. Roof-Top Parking sq:ft. 63,500 sq.ft. Total Canopies and Open Decks-sq.& 21,460'sq.ft. Parking Spaces Provided: CustomerParldng 39 spaces Service Parking 245 spaces Employee Parking 100 spaces Body Shop Parking 78 spaces Vehicle Storage 154 spaces Vehicle Display 280 spaces TOTAL PARKING SPACES 900 spaces HEIGHT LRvff 32 feet Key-Issues Li tine and Iklummation The subject property is located on property that is situated a sufficient distance from residential development so that lighting would not have an adverse impact in the vicinity of the project. Staff has included appropriate conditions of approval to insure that the lighting system will be designed and maintained in such a manner as to eliminate light and glare onto adjacent properties. FLETCHER JONES MOTORCARS AUOUST74,1995 Page 6 U Landscaping an, d Aesthed The,proposed project includes a detailed landscape plan that includes a shaded auto court, a canopy entry accented by palm trees, a eucalyptus hedgerow to the rear of the site, a 6 foot hedge screening, and additional shade and accent trees. The landscape plan also includes a combination of enriched paving, turfy groundcover and shrub area, along with a putting green as.aa amenity for waiting customers. Appropriate conditions of approval have been included for the landscaping of the site. The proposal includes 8 foot high black vinyl coated chain link fencing that is covered with flowering vines, to be located at the northwest corner of the site, to provide for an aesthetically pleasing view from Jamboree Road. A 6' high masonry wall is located to the rear of the site for security purposes. G. Development Agreement No. 6 LGOSA) The CIOSA Agreement is a comprehensive program for land use entitlement, circulation system improvements and open space dedication throughout the City of Newport Beach. Through this process and approval, several significant sites owned by The Irvine Company received vested entitlement, including Upper Castaways and Newporter North. The program also included the dedication to the City of Newport Beach, for open space, park and public facility uses, a number of sites, including the San Diego Creek North site. This site was designated for public facilities, and the primary uses envisioned were a fire station and a park-and-ride facility. In order to approve the project, an amendment to the CIOSA agreement is required. The amendments are minor in nature, and only require revision to various exhibits attached to the agreement. A copy of the agreement amendment, as well as the original CIOSA Agreement is attached for the information of the Planning Commission. H. Development Agreement No. 9 The City and Fletcher Jones Motorcars propose to enter into a Development Agreement to define and confirm their commitments in relationship to the proposed project. In this agreement the City commits assemble the building parcel, to waive certain fees, to assist in obtaining permits, to prepare the Environmental Impact Report, and to construct a portion of Bayview Way. The developer's commitments include to cooperate in negotiations with various utility companies, to prepare the concept plans and designs, to diligently pursue financing, to construct the project, to pay an annual reimbursement assessment, and pay fair share fees. A copy of the draft agreement is attached for the review of the Commission. Specific Findings and Recommendations Section 20.80.060 of the Newport Beach Municipal Code provides that in order to grant any use permit,the Planning Commission shall find that the establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. F1ZrCHER JONES MOTORCARS AUGUST 24,1995 Pagel Should the Planning Commission wish to approve the subject applications and recommend to the City Council the adoption and approval, the findings and conditions of approval set forth in the attached Exhibit "A" are suggested. Should the Planning Commission be of the opinion that the proposed facility is not compatible with the Surrounding neighborhood and the loss of a potential site for public facilities or a fire station is not off-set by the benefits of the proposed project,Findings for Denial are included in Exlubit'B'. PLANNINGWILDING DEPARTMENT By, 7,Iza6* 0/L Patricia Temple Advance Planning Manager Attachments: Exhibit"N' Resolution Recommending Approval'to.the City Council of General Plan Amendment No. 95-1(D) Resolution Recommending Approval to the City Council ofLocal Coastal Program Amendment No. 39 Resolution'Recommending Approval to the City Council.of Amendment No. 823 Strikeout and'Underrme of San Diego Creek North and Jamboree8&cArthur Planned Community District Regulations Resolution Recommending Approval to the City Council the 1st Amendment to Development Agreement No. 6(CIOSA) with attachment Resolution Recommending Approval to the City Council of Development Agreement No. 9 with attachment Exhibit`S" Appendix"A"-detailed analysis CIOSA Agreement Response to Comments of EIR No. 155 Previously Distributed to the Planning Commission: Draft Environmental Impact ReportNo. 155 FIETCHERJONES MOTORCARS AUOUST24,1995 Page8, 1`� • • EXHIBIT "A" FINDINGS AND CONDITIONS OF APPROVAL Fletcher Jones Motorcars EIR No. 155 General Plan Amendment No.95-1 (D) Local Coastal Program Amendment No.39 Amendment No.823 Traffic Study No. 108 Use Permit No.3565 . Development No. 6(CIOSA) Development Agreement No.9 A. Emironmental Impact Report No. 155: Findings: 1. That an Environmental Impact Report has been prepared for the project in compliance with the California Environmental Quality Act(CEQA), the State CEQA Guidelines and City Policy. 2. That the proposed Final EIR, which includes the Draft EIR, Comments and Responses, revisions to the Draft EIR, and all related documents in the record is complete and adequate to satisfy all the requirements of CEQA for the proposed project. 3. That the analysis and conclusions contained in the proposed Final EIR reflect the independent judgment of the Planning Commission. 4. That the Planning Commission has reviewed and considered the information contained in the proposed Final EIR prior to maldng its recommendations to the City Council. Mitigation Measures: 1. Prior to issuance of a grading permit, the grading contractor shall identify a spoils site for deposition of exported material. Such spoils site shall have obtained CEQA clearance in accordance with the requirements of the local jurisdiction where the site is located. 2. As specified in the geotechnical report prepared for the site (Pacific Soils Engineering, Inc., May 1995), all loose, compressible natural soils and/or loose, compressible on-site fill soils should be removed from fill areas where exposed at final grade and replaced with compacted fills in accordance with the recommendations of the geotechnical engineer. All grading should be accomplished under the observation and testing of the project soils engineer and engineering geologist in accordance with the recommendations contained in FLETCHER HONES MOTORCARS AUOUST24,1993 Page 9 '' 11 the project geotechnical report, the current grading ordinance of the City of Newport Beach and earthwork specifications contained in Appendix F of the geotechnical report. The site preparation recommendations outlined in section 5.3 of the geotechnical report shall be followed. 3. Prior to issuance of a grading permit, the applicant or successor in interest shall demonstrate to the City of Newport Beach Building Department that all facilities will be designed and constructed as specified in the City adopted version of the Uniform Building Code. 4. Development of the site shall be subject to a grading permit to be approved by the Building and Planning Departments. The application for grading permit shall be accompanied by a grading plan and specifications and supporting data consisting of soils engineering and engineering geology reports or other reports if required by.the building official. 5. The grading plan shall include a complete plan for temporary and permanent drainage facilities, to minimize any potential impacts from silt, debris, and other water pollutants. 6. The grading plan shall include a description of haul routes, access points to the site, watering, and sweeping program designed to minimize impact of haul operations. 7. An erosion, siltation and dust control plan shall be submitted prior to issuance of grading permits and be subject to the approval of the Building Department and a copy shall be forwarded to the California Regional Water Quality Control Board, Santa Ana Region. 8. The velocity of concentrated run-off from the project site shall be evaluated and erosive velocities controlled as part of the project design. 9. Grading operations and drainage requirements shall meet the standards set forth in the City's Building Code (Appendix Chapter 70 - Excavation and Grading, Sections 7001- 7019) and the Building Department's General Grading Specifications. 10. The erosion control measures shall be completed on any exposed slopes within thirty days after grading, or as approved by the Building Department. 11. Fugitive dust emissions during construction shall be minimized by watering the site for dust control, containing excavated soil on-site until it is hauled away, and periodically washing adjacent streets to remove accumulated materials. 12. Prior to the issuance of any building permits a specific soils and foundation study shall be prepared and approved by the Building Department. 13. Sites where the potential for liquefaction has been identified, or any other site where the potential for liquefaction may be encountered during subsequent investigations, shall be further evaluated by a geotechnical consultant to verify the low potential for liquefaction. FIBTCHERJONES MOTORCARS AUOUST24,1995 Page 10 12 0 The evaluation shall include subsurface investigation with standard penetration testing or other appropriate means of analysis for liquefaction potential. The project geotechnical consultant shall provide a statement concerning the potential for liquefaction and its possible impact on proposed development. If necessary, the geotechnical consultant shall provide mitigation measures which could include mechanical densification of liquefiable layers, dewatering, fill surcharging or other appropriate measures. The Geotechnical Consultant's report shall be signed by a Certified Engineering Geologist and a Registered Civil Engineer and shall be prepared to the satisfaction of the Building Department prior to issuance of Grading Permit. Grading and building plans shall reflect the recommendations of the study to the satisfaction of the Building Department. 14. Any necessary diversion devices, catchment devices, or velocity reducers shall be incorporated into the grading plan and approved by the Building Department prior to issuance of grading permits. Berms or other catchment devices shall be incorporated into the grading plans to divert sheet flow runoff away from areas which have been stripped of natural vegetation. Velocity reducers shall be incorporated into the design, especially where drainage devices exit to natural ground. 15. All fill slopes shall be properly compacted during grading in conformance with the City Grading Code and verified by the project Geotechnical Consultant. Slopes shall be planted with vegetation upon completion of grading. Conformance with this measure shall be verified by the Building Department prior to the issuance of occupancy permits. 16. Berms and brow ditches shall be constructed to the satisfaction and approval of the Building Department. Water shall not be allowed to drain over any manufactured slope face. Top-of-slope soil berms shall be incorporated into grading plans to prevent surface runoff from draining over future fill slopes. Brow ditches shall be incorporated into grading plans to divert surficial runoff from ungraded natural areas around future cut slopes. The design of berms and brow ditches shall be approved by the Building Department prior to issuance of grading permits. 17. Prior to the issuance of grading permits, appropriate artificial substances shall be recommended by the project landscape architect and approved by the Building Department for use in reducing surface erosion until permanent landscaping is well established. Upon completion of grading, stripped areas shall be covered with artificial substances approved by the Building Department. 18. Prior to the issuance of grading permits, written recommendations for the mitigation of compressible/collapsible soil potential for the project site shall be provided by the geotechnical consultant. Foundation recommendations shall be included. Recommendations shall be incorporated as conditions of approval for the site-specific tentative tract maps and grading plans to the satisfaction of the Building Department. Recommendations shall be'based on surface and subsurface mapping, laboratory testing and analysis. Mitigation, if necessary, could include: removal and recompaction of identified compressible/collapsible zones, fill surcharging and settlement monitoring, compaction grouting, or foundation design which utilizes deep piles, or other FUTCHER JONES MOTORCARS AUGUST 24,1995 Page 11 13 recommended measures. The geotechnical consultant's site-specific reports shall be signed by a Certified Engineering Geologist and Registered Civil Engineer, and shall be approved by the Building Department. 19. Written recommendations for the mitigation of expansive and corrosive soil potential for each site, shall be provided by the project corrosion consultant, geotechnical consultant and/or Civil engineer. Foundation recommendations shall be included. Recommendations shall be based on surface and'subsurface mapping, laboratory testing and analysis and shall be incorporated into final building plans prior to issuance of building permits. The geotechnical consultant's site-specific reports shall be signed by a Certified Engineering Geologist and Registered City Engineer, and shall be approved by the Building Department. 20, The project geotechnical consultant and/or civil engineer shall prepare written.site-specific reviews of the tentative tract maps and grading plans addressing all salient geotechnical issues, including groundwater. These reports shall provide findings, conclusions and recommendations regarding near-surface groundwater and the potential for artificially induced groundwater as a result of future development, and the effects groundwater may have on bluffs, slopes and structures, The reports shall also address the potential for ground subsidence on the site and properties adjacent to the sites if dewatering is recommended. The geotechnical consultant and/or civil engineer's reports.shall be signed by a Certified Engineering Geologist and Registered Civil engineer and shall be completed to the satisfaction of the Building Department prior to issuance of a grading pernut. 21. Prior to issuance of any grading permit, an erosion, siltation, and dust control plan shall be submitted, and shall be subject to•the approval of the Building Department. 22. Prior to the issuance of any grading permit, the design engineer shall verify that the discharge of surface runoff from development of any site will be performed in a manner so that increased peak flows from the site will not increase erosion immediately downstream of the system. As part of this review, the velocity of concentrated runoff from the project shall be evaluated, and erosive velocities controlled as part of the final project design. This report shall be reviewed by the Planning Department and approved by the Building Department. 23. Erosion control measures contained in the erosion siltation and dust control plan shall be implemented on any exposed slopes within 30 days after grading, or as otherwise directed by the Building Department. 24. Any existing on-site drainage facilities shall be improved' as required, or updated concurrent with grading and development, to the satisfaction, of the Public Works and Building Departments, Improvement plans shall be approved by the Public Works Department prior to issuance of a grading permit. 25. Prior to the issuance of grading permits, the applicant (or applicant's grading contractor) shall provide to the Building and Public Works Departments haul route plans that include . FMCHER rONU MOTORCARS AUOUST24,t995 Page12 a description of haul routes, access points to the sites, and watering and sweeping program designed to minimize impacts of the haul operation. These plans shall be re- viewed and approved by the Public Works Department. Copies of the plans shall be submitted to the City's Planning Department. 26. Prior to the issuance of grading permits, the applicant shall incorporate the following erosion control methods into grading plans and operations to the satisfaction of the Build- ing Department. a. An approved material such as straw, wood chips, plastic or similar materials shall be used to stabilize graded areas prior to revegetation or construction. b. Airborne and vehicle borne sediment shall be controlled during construction.by: the regular sprinkling of exposed soils and the moistening of vehicles loads. C. An approved material such as riprap (a ground cover of large, loose, angular stones) shall be used to stabilize any slopes with seepage problems to protect the topsoils in areas of concentrated runoff. 27. Prior to the issuance of grading permits, the project geotechnical consultant and/or civil engineer shall develop a plan for the diversion of stormwater away from any exposed slopes during grading and construction activities. The plan shall include the use of temporary right-of-way diversions (i.e., berms or swales) located at disturbed areas or graded right-of-ways. The plan will be approved by the Public Works and Building Departments, and implemented during grading and construction activities. 28. The applicant shall provide a temporary gravel entrance located at every construction site entrance. The location of this entrance shall be incorporated into grading plans.,prior to the issuance of grading permits. To reduce or eliminate mud and sediment carried by vehi- cles or runoff onto public rights-of-way, the gravel shall cover the entire width of the entrance, and its length shall be no less than 50 feet. The entrance plans shall be reviewed and approved by the Public Works and Building Departments concurrent with review and approval of grading plans. 29. The applicant shall construct filter berms or other approved devise for the temporary gravel entrance. The berms shall consist of a ridge of gravel placed across graded right- of-ways to decrease and filter runoff levels while permitting construction traffic to continue. The location of berms shall be incorporated into grading plans prior to the issuance of grading permits. The plans shall be reviewed and approved by the Public Works and Building Departments. 30. During grading and construction, the applicant shall provide a temporary sediment basin located at the point of greatest runoff from any construction area. The location of this basin shall be incorporated into grading plans. It shall consist of an embankment of compacted soils across a drainage. The basin shall not be located in an area where its FLETCHER JONES MOTORCARS AUGUST 24,1995 Page 13 5 • • T failure would lead.to loss of life or the loss of service of public utilities or roads. The plan shall be reviewed and approved by the Building Department. 31. Notice of Intent. Prior to the approval of a grading permit, the project sponsor shall submit a Notice of Intent (NOI), with the appropriate fees for coverage of the project under the General'Construction,Activity Storm Water Runoff Permit to the State Water Resources Control Board at least 30 days prior to initiation of construction activity at the site. The NOI shall include information about the project such as construction activities, material building/management practices, site characteristics, and receiving water infon na- tion. As required by the General Construction Permit, the project shall develop and implement a Stormwater Pollution Prevention Plan (SWPPP), including inspection of stormwater con- trols structures and pollution prevention measures. The SWPPP shall' be implemented concurrent with the beguining of the construction activities, and the plan shall be kept on site. 32. Structural BMP Controls. Prior to the issuance of any Grading Permit, the project proponent shall ensure that the project includes implementation of appropriate structural Best Management Practices (BMPs) to reduce the extent of pollutants in stormwater flows from the site. Said structural BMPs shall meet the approval of the Public Works Department. The following structural BMPs are suggested for consideration at the pro- ject site: • Grassed or landscaped swales • Reduction in the amount of directly,connected impervious-area(DCIA.) • Inlet trash racks or bars • Filter strips. Maintenance of the selected structural BMPs will be required throughout the life of the project to ensure proper operation. 33. Non-Structural BMP Controls. Prior to the issuance of certificates of use and occupancy, the project proponent shall submit an operations plan that ensures that the project operation shall include non-structural BMPs, including the following: • Periodic cleaning(Le., street sweeping) • Routinely cleaning on-site storm drain manholes and catch basins • Source control-surveys of all on-site industriat facilities I•LETCHM)ONES MOTORCARS AUGUST 44,1995 Page 14 J6 • Controlling washdown of non-stormwater discharges from project development facilities • Providing information to employees on disposal of waste oil, grease, and pesticide . containers • Carefully controlling pesticide and fertilizer usage • Providing covered areas for trash receptacles, or enclosed features to prevent direct contact with precipitation • Efficient landscaping irrigation • Common area litter control • Housekeeping of loading docks. All non-structural BMPs shall meet the approval of the Public Works Department. 34. Water Quality Management Plan. Prior to the issuance of any building permit, consistent with the Drainage Area Management Plan (DAMP) prepared by the County of Orange for compliance with their municipal storm water NPDES permit requirement, the project proponent shall prepare a Water Quality Management Plan (WQMP). Said WQMP shall meet the approval of the Public Works Department. The WQMP shall indicate the proposed structural and non-structural, permanent stormwater quality control measure•to be utilized for the project, shall identify the potential pollutant source on the project, and shall describe how the project implements the objectives outlined in the DAMP. 35. Prior to issuance of a grading permit, the final plan of water, sewer and storm drain facilities shall be approved by the Public Works Department. Any systems shown to be required by the review shall be the responsibility of the developer, unless otherwise provided for through an agreement with the property owner or serving agency. 36. Prior to approval of building permits, the project should contribute, on a fair share basis, towards the cost of the improvement at the intersection of Jamboree Road/Bristol Street North. Said contributions shall meet with the approval of the Director of public Works. 37. Standard dust control practices dictated by SCAQMD Rule 403 shall be followed. 38. The applicant shall specify the use of concrete, emulsified asphalt, or asphaltic cement, none of which produce significant quantities of VOC emissions. 39. Any rooftop or other mechanical equipment shall be sound attenuated in such a manner as to achieve a maximum sound level of 55 dBA at the property line. FIRER JONES MOTORCARS AUGUST 24,1995 Page 15 �7 40. Any mechanical equipment and emergency power generators shall be screened from view, and noise associated with said installations shall be sound attenuated so as not to exceed 55 dBA at the property Be. The latter shall be based upon the recommendations of a licensed engineer practicing in acoustics, and shall be approved by the Planning Department. 41. Pursuant to the City of Newport Beach Noise Ordinance Section 10.28.040, construction adjacent to existing residential development shall be limited to,the hours of 7:00 a.m. to 6:30 p:m. Monday through Friday, and 8:00 a.m. through 6:00 p.m. on Saturday. Con- struction shall not be allowed outside of these hours Monday through Saturday or at any time on Sundays and federal holidays. Verification of this shall be provided to the Planning Department. 42. Final project design will include measures to buffer the project from adjacent wetland areas, including the SJHTC mitigation site and the existing wetland adjacent to the southeast comer of the project. The final buffer design shall'be approved by the California Department of Fish and Game and the California Coastal Commission. While a combination of landscaping and the presence of the Bayview extension may be considered adequate to buffer the project from the SJHTC mitigation site, additional measures will likely be required for the nearer existing wetland site. Design measures to be considered include a five foot high concrete block wall or equivalent barrier that will preclude human access from.the•project site and reduce the effects of human activity. 43. Impacts resulting from the use of non-native, invasive plant species will be mitigated by developing a landscape plan that avoids the use of non-native invasive plants. A landscape plan prepared with consideration of the following information must be approved by the City prior to the issuance of building permits: Prohibited Species All non-native plants that are potentially invasive via airborne seeds, or that are particularly difficult to control once escaped, will be prohibited from all parts of the project. Such species include, but are not limited to, the following: • Tree-of,-heaven(Ailanthus spp.) • Giant reed(Arundo don=)' • Garland chrysanthemum(Chrysanthemum coroturrium) • Pampas grass (Cortaderia spp.) • Brooms(Cytisus spp.) • Bermuda buttercup (Ozalispes-caprae) • FounWnTjwyu grass(Pennisetum spp.) • German ivy(Senecto mikanotdes) • Tamarisk(Tamariz spp.). FIETCHER JONES MOTORCARS AUOUST24,1995 Page 16 Permitted Species Some invasive, exotic species are known to be controllable in well managed situations. Such species may be used in project landscaping if a City approved biologist approves the species and proposed use. For example, areas that are separated from existing wetland areas by a substantial area of paving could be planted with hybrid bermuda grass. Pion- native, invasive species that could be used under these circumstances include, but are not limited to, the following: • Hottentot-fig (Cwpobrotus edulis)2 • Bermuda grass (Cynodon dactylon)3 • Myoporum(Myoporum laetum) • Pepper trees (Schimrs spp.) Cape Honeysuckle(Tecomaria capensis)1 • Periwinkle(Vinca spp.). 44. The effects of night lighting on adjacent natural areas, including the SJHTC mitigation site, will be reduced by the design of lighting that is either low intensity or highly directional. Prior to the issuance of building permits, a lighting plan shall be approved by the City, demonstrating that appropriate lighting will be installed for the display area, parking lots and areas adjacent to wetlands to minimize spillage into the habitat areas. The plan will include, but not be limited to, lighting directed onto the project site, and the use of soft light intensity fixtures. Prior to the issuance of any certificate of use and occupancy, the project proponent shall provide evidence, meeting the approval of the City, that the installed lighting meets the objectives of the plan. If necessary, shields on the back of lights or other screening shall be placed to cut off light beyond project area. 45. Prior to the issuance of grading permits for the project, a detailed Interim Habitat Loss Ivfitigation Plan(IHI W) shall be prepared by the City and submitted to the U.S. Fish and Wildlife Service (USFWS) and California Department of Fish and Game (CDFG) for approval. The purpose of these measures is to increase the amount and quality of scrub habitat that can be utilized by the California gnatcatcher and other species that require this habitat. This will both compensate for the project induced loss of potential breeding habitat and increase the potential for wildlife movement by increasing the size of important populations. 2 Should be prohibited in areas adjacent to natural open spaces. 3 Hybrid Bermuda grass, which is sterile or produces only sterile seed, should be permitted in landscaped areas, when surrounded by an appropriate hardscape buffer or an apron of non-invasive plant species(to prevent vegetative spread'into natural areas). RZTCHER JONES MOTORCARS AUGUST 24,1995 Page 17 , The specific habitat replacement and exotic weed removal measures discussed below are to be incorporated into the detailed HUMP, although they may be modified with the approval of the California Department of Fish and Game and the U.S. Fish and Wildlife Service. The detailed HUMP will include the following elements: • Overview/Objective • Plant Palettes and Planting Densities • Planting Methods and Timing • Site Preparation • Exotic Weed Removal • Irrigation • Maintenance • Performance Standards • Monitoring • Remedial Measures. The implementation of these measures will occur at the first feasible opportunity, with consideration of site preparation and plant propagule collection requirements. 46. An approximately 3.5 acre portion of the City owned property in the Big Canyon area adjacent to Upper Newport Bay shall be restored/converted to coastal sage scrub habitat. It is estimated that the additional habitat to be created is sufficient to increase the, California gnatcatcher population by at least one pair. 47. As part of the Big Canyon restoration effort, the City will implement a three year program for the removal of pampas grass and myoporum from City property in the mouth of Big Canyon(Figure 4.7.2). The first year will concentrate on initial removal at an appropriate time of year, i.e., prior to seed formation. The following two years will consist of spot removal of new seedlings or,root sprouts. 48. City Council Policy K-5 outlines the City's requirements with respect to archaeological' resources. The following specific measures,are recommended in conformance with Policy K-5. A A qualified archaeologist shall be present during pregrade meetings to inform the project sponsor and grading contractor of the results of any previous studies. In addition, an archaeologist shall be present during grading activities to inspect the underlying soil for cultural resources. If significant cultural resources are uncovered, the archaeologist shall have the authority to stop or temporarily divert construction activities for a period of 48 hours to assess the significance of the find. B. In the event that significant archaeological remains are uncovered during excavation and/or grading, all Work shall stop in that area of subject property until an appropriate data recovery program can be,developed and implemented. The cost of such a program shallbe the responsibility of the project sponsor. RZTCHER)ONES MOTORCARS AUGUST 24,1995 Page18 �D C. Prior to issuance of any grading or demolition permits, the applicant shall waive the provisions of AB 952 related to City of Newport Beach responsibilities for the mitigation of archaeological impacts in a manner acceptable to the City .Attomey. 49. Any sites uncovered shall be mitigated pursuant to Council Policy K-5. Where further testing or salvage is required, the applicant •shall select a City approved, qualified archaeologist to excavate a sample of the site. All testing and salvage shall be conducted prior to issuance of grading permits or use of an area for recreational purposes. A written report summarizing the findings of the testing and data recovery program shall be submitted to the Planning Department within 90 days of the completed data recovery program. 50. The applicant shall donate all archaeological material, historic, or prehistoric, recovered . during the project to a local institution that has the proper facilities for curation, display and study by qualified scholars. All material shall be transferred to the approved facility after laboratory analysis and a report have been completed. The appropriate local institution shall be approved by the Planning Department based on a recommendation from the qualified archaeologist. 51. A pre-grade reconnaissance of the area shall be made by a qualified paleontologist to assess whether any significant fossils currently are exposed. Any fossils observed and deemed significant shall be salvaged. 52. A qualified paleontologist shall ,be retained to monitor and, if necessary, salvage scientifically significant fossil remains. 53. The paleontologist shall have the power to temporarily divert or direct grading efforts to allow the evaluation and any necessary salvage of exposed fossils. 54, Monitoring shall be on a full-time basis during grading in geologic units of high paleontologic sensitivity. 55. Spot-checking of low sensitivity sediments shall be conducted by a qualified paleontologist. Should significant fossils be observed during grading in these units, full- time monitoring may be required. 56. All collected fossils shall be donated to a museum approved by the City of Newport Beach Planning Department. 57. A final report summarizing findings, including an itemized inventory and contextual stratigraphic data, shall accompany the fossils to the designated repository; an additional copy shall be sent to the appropriate Lead Agency. 58. A landscape screen and/or equivalent barrier shall be constructed along the northeastern project boundary to screen service areas from view from the Jamboree Road southbound on-ramp and from the bicycle trail that will parallel the on-ramp. EIETCHER]ONES MOTORCARS AUGUST 24,1995 Page 19 it 59. Prior to approval of a grading permit, grading specifications for the project shall require the following to the satisfaction of the Building Department: a) All trash on the site shall be disposed of properly. b) Hazardous materials residue in the vicinity of the five.gallon solvent can and the tar residue identified on the wood'debris and soils shall be removed and disposed of properly. After removal of the debris, soils in the vicinity of the contaminated sites shall be tested to ensure proper cleanup, per the recommendations of the environmental remediation engineer. c) Creosote treated power poles shall be removed and disposed of properly upon relocation,per the recommendations of the environmental remediation engineer. d) Any abandoned septic tanks systems encountered during grading shall be disposed of properly,per City of Newport Beach requirements. 60. Prior to the approval of a grading permit, the project proponent shall determine the appropriate method of wastewater disposal to the satisfaction of the Public Works Department. 61. If disposal through a septic tank system is selected, the project proponent shall construct the system in compliance with "On-Site Sewage Absorption System Guidelines" prepared by the Orange County Health Care Agency. Consistency with said guidelines shall be determined by the Public Works Department prior to issuance of a grading permit for any septic tank facilities. The septic tank shall be operated in a manner to avoid pollution of local groundwater supplies. R General Plan Amendment No. 9S-10. Adopt Resolution No. recommending City Council approval of GPA 95-1(D). C Local Coas7al Program Amendment No. 39: Adopt Resolution No, recommending City Council approval of Local Coastal Program Amendment No. 39. D. - AniendinentNo. 823: Adopt Resolution No. recommending City Council approval of Amendment No. 823. FLETCHER)ONES MOTORCARS AUGUST 24,1995 Page20 E Traffic Study Na 108. Findin 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the peak-hour traffic and circulation system in accordance with Chapter 15 of the Newport Beach Municipal Code and City Policy S-1. . • 2. That the Traffic Study indicates that the project-generated traffic will neither cause nor make worse an unsatisfactory level of traffic on any'major,"prmary-modified,'or'prirr ry street. 3. That the Traffic Study indicates that the project-generated traffic will be greater than one percent of the existing traffic during the 2.5 hour peak period on six of the nineteen study intersections and that the ICU analysis for five of those sic intersections indicates that the resulting ICU is not made worse and is not considered a significant impact. Conditions: 1. That per the Traffic Phasing Ordinance ('IPO) Analysis, no significant project impacts are identified. Currently scheduled and fully-funded projects will be completed prior to or at project occupancy to off-set any project impacts. 2. That in the General Plan buildout, the project contributes towards a significant impact at the intersection of Jamboree ioad/Bristol Street North. That the project should contra pte, on a fair share basis, towards the cost of the improvements identified at that project study area intersection. F. Use Permit No. 3565, Approve the use permit, making the following findings and with the following conditions of approval: Findin s: 1. That the proposed development is consistent with the General Plan and the Local Coastal Program,Land Use Plan,and is compatible with surrounding land uses. 2. That adequate on-site parking is available for the existing and proposed uses. 3. That the proposed development will not have any significant environmental,impact. 4. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 5. That the Police Department has indicated that they do not contemplate any problems from the proposed operation. nETCUR)ONES MOTORCARS AUGUST24,1995 Page21 �3 6. That the proposed use of roof top parking will not, under the circumstances of this particular case, be detrimental to-the health, safety, peace, comfort and general welfare of the persons residing or working in the neighborhood or the general welfare of the city. 7. That public improvements may be required of'a developer per Section 20.80.060 of the Municipal Code. 8. That adequate provision for vehicular traffic circulation is being made for the auto sales facility. 9. The approval of Use Permit No. 3565 will not, under the circumstances of the case be detrimental to the health, safety,peace,morals,comfort and general welfare of persons residing or worldng in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City and further that the proposed modification related to the proposed signing is consistent with the legislative intent of Title 20 of this Code. Conditions: 1. That development shall be in substantial conformance with the approved site plan, floor plan and elevations,except as noted below. 2. That the required on-site parking be provided consistent with the approved site plan. 3. That all signs shall conform to the provisions of Chapter 20.06 of the Newport Beach Municipal Code. Said signs shall be approved by the City Traffic Engineer if located adjacent to thevehicular ingress and egress., 4. That the project shall comply with State Disabled Access requirements. S. That all improvements be constructed as required by Ordinance and the Public Works Department. 6. That the on-site parking, vehicular circulation and pedestrian circulation systems•be.subject to further review by the City Traffic Engineer. 7. That the intersection of the private drives at Bayview Way be designed to provide sight distance for a speed of 50 miles-per hour. Slopes, landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty,four inches in height. The sight distance requirement may be,modified at non- critical locations, subject to approval of the Traffic Engineer. 8. That the applicant shall prepare a landscape plan to be approved prior to the issuance of Building Permits. Said plan shall be approved by the Public Works Department, Planning Department,and the General ServicesDepartment, 9. That asphalt or concrete access roads shill be provided to,all public utilities, vaults, manholes, and junction structure locations,with width to be approved by the Public Works Department. FI.ErCHER)ONES MOTORCARS AUGUST 24,1995 Page22 Z� 10. That all vehicular access rights to Jamboree Road be released and relinquished to the City of Newport Beach. 11. That County Sanitation District fees be paid prior to issuance of any building permits.••• 12. That the construction of the Bayview, Way improvements be in accordance•with the agreements between the City of Newport Beach and Fletcher Jones Motor Cars. That a sidewalk be constructed along the Jamboree Road frontage. All work within the public right- of-way shall be completed under an encroachment permit issued by the Public Works Department. 13. That street, drainage and utility improvements be shown on standard improvement plans prepared by a licensed civil engineer. 14. That a drainage plan be prepared by the applicant and approved by the Public Works Department. Any modification or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. 15. That the Edison transformer serving the site be located outside the sight distance planes as described in City Standard 110-L. 16. Disruption caused by construction work along roadways, and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. A traffic control plan shall be reviewed and approved by the Public Works Department. There shall be no construction storage or delivery of materials within the Jamboree Road right-of-way. 17. That a fire protection system acceptable to the Fire Department be installed by the developer and tested by the Fire Department prior to storage of any combustible materials or start of any structural framing. 18. That the developer obtain permission from the Metropolitan Water District and Mesa Consolidated Water District to construct within their easements. 19. That the raised island nose at the entrancelexit shall be pulled back so that it is entirely on private property. 20. That the landscaping at the entrance shall conform to City sight Distance Standard No. 110-L 21. That HC (handicap) parking be shown on the parking plan and that adequate Customer and employee parking be provided to current City standards. All handicap parking shall be designated with a sign and pavement marling. IIETCHER JONES MOTORCARS AUGUST 24,1995 Page23 22. That the monument signs, slopes, walls and landscaping along the Jamboree Road frontage shall be considered in the site distance requirements. The Bayview Way and Iamboree Road intersection shall be designed to provide sight distance of 50 miles per hour. 23. That all unloading and loading ofvehicles shall be done on-site. 24. That site access shall be provided for emergency access per City Fire/Marine and Public Works standards. 25. That on-site fire hydrants shall be provided as required in the Uniform Building Code and Fire&Urine standards. 26. That all buildings shall be fully sprmklered per NFPA 13 and Fire/Marine standards. 27. That the applicant shall provide fire protection equipment and devices associated with special hazards presented in design of the facility and protect those hazards as prescribed in the Uniform Building Code and nationally recognized standards as approved by the FirelMarine Departments. 28. That all automobile servicing, repair, washing and detailing shall be conducted within the building. 29. That all wash water shall drain into the sanitary sewer system and that grease traps shall be provided in all drains where petroleum residues may enter the sewer system, unless otherwise approved by the Building Department and the,Public Works Department. 30. That the illumination of any open automobile display area or roof top parking area shall be designed and maintained in such a manner as to eliminate direct light and glare on adjoining properties southerly and westerly of the site. A timing device shall turn off any light facing towards the residential properties or neighboring properties at 10:00 p.m. every night. Said design features shall be incorporated into a lighting plan prepared and signed by a Licensed Electrical Engineer, with a letter from the engineer stating that, in his opinion, that these requirements have been met. That the lighting and illumination plan for the roof top parking area shall be subject to the approval of the Planning Director. 31. That no outdoor loudspeaker or paging system shall be permitted in conjunction with the proposed operation unless otherwise approved the Planning Department. 32. That no windshield signs shall be permitted, and that all signs shall meet the requirements of 'Chapter 20.06 of the Municipal Code. 33. That no banners, pennants, balloons, wind signs, moving signs, or flashing or animated electrical.signs shall be displayed. 34. That a Use Permit shall be required for the establishment of a restaurant that is open to the general public, within the'facility. I.7.ETCHER)ONES MOTORCARS AUGUST 44,1995 Page24 Z6 35. That the project comply with the Uniform Building Code, disabled access, and energy regulations. 36. Health Department approval is required-for-the food establishment located within the project. 37. That where grease may be introduced into the drainage systems, grease interceptors shall be installed on all fixtures as required by the Uniform Plumbing Code, unless otherwise approved by the Building Department and the Utilities Department. 38. That all employees shall park on-site. 39. That the hours of operation.shall be limited between 6:00 am. and 10:00 p.m. daily.• 40. That all trash areas shall be screened from adjoining properties and streets. 41. That the project shall be designed to eliminate light and glare spillage on adjacent uses. 42. That a washout area for refuse containers be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or storm drains, unless otherwise approved by the Building Department and the Public Works Department. 43. That.Coastal Commission approval shall be obtained prior to issuance of any. grading or building permits unless otherwise approved by the Public Works Department and the Planning Department. 44. That the Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit upon a determination that the operation which is the subject of'this Use Permit causes injury, or is detrimental to the health, safety,peace,morals,comfort, or general welfare of the community. 45. That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. . C. Development Agreement No. 6(CIOSA); Adopt Resolution No. recommending City Council approval of Revisions to Development Agreement No. 6. H. DevelopmentAgreementNo. 9. Adopt Resolution No. recommending City Council approval of Development Agreement No. % nZrCHER JONES MOTORCARS AUGUST 24,1995 Page25 y? 1. APPENDIX "A" LOCATION: 3300 Jamboree, that portion of Lot 146, Block 51, of Irvine's Subdivi'sion,•as shown a map recorded in Book 1,Page 88 of Miscellaneous Maps,Records of Orange County, California and that portion of Lot 145, Block 50, of Irvine's Subdivision; as shown a map recorded in Book 1, Page 88 of Miscellaneous Maps,Records of Orange County,California ZONE: PC APPLICANT: Fletcher Jones,Jr., OWNER City ofNewport Beach Points and Authority • Environmental Compliance(California Environmental Quality Act) In accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and City Council Policy K-3, a Draft Environmental Impact Report (DEIR) has been prepared to evaluate the potential environmental effects of the proposed project. The DEIR was published on June 19th for a 45-day public review period that extended through Thursday,August 3, 1995 Copies of the DEIR were distributed to the Commission previously, and were also made available to all interested parties without charge. Detailed responses to each comment letter received during the public review period will be provided to the Commission prior to the public hearing. Responses to late comments will also be provided within a reasonable time after receipt of the comments. Since this property is located in the Coastal Zone, Coastal Commission approval will be required prior to issuance of any building or grading permits. Summary Response to the Key Issues Detailed Traffic Analysis A traffic study was required to detemrine the compatibility of the proposed project under the guidelines of the City's Traffic Phasing Ordinance. A traffic study has been prepared for the proposed project in conformance with the City's Traffic Phasing Ordinance and City Council Policy S-1 to examine the consistency and conformity of the project with the City's Cirailation Element. The City Traffic Engineer identified the following nineteen(19)intersections for detailed evaluation in the traffic study. 1. Jamboree Road/Campus Drive 2. Jamboree Road/Bristol Street North n ETCHERIOM MOTORCARS AUOUST44,1995 Page26 Q 3. Jamboree Road/Bristol Street South 4. Jamboree RoadBayviewWay 5. Jamboree Road/University Drive 6. Jamboree Road/Bison Avenue 7. Jamboree Road/Ford Road 8. Jamboree Road/San Joaquin I-Llls Road 9. Jamboree Road/East Coast highway 10. MacArthur Boulevard/Campus Drive 11. MacArthur Boulevard/JamboreeRoad 12. MacArthur Boulevard/Bison Avenue 13. MacArthur Boulevard/Ford Road 14. MacArthur Boulevard/San Joaquin Hills Road 15. MacArthur Boulevard/East Coast aghway 16. Campus Drivel Bristol Street North 17. Campus Drivel Bristol Street South 18. Birch Street/Bristol Street North 19. Birch Street/Bristol Street South The first step in evaluating an intersection's traffic volume capacity,based on a General Plan Buildout, is to conduct a 1% traffic volume analysis, taking into consideration existing traffic, regional growth, and committed projects that the City has granted approvals. If the projects generated traffic is less than one percent traffic volume on all approach segments to the selected intersections during the projected peak 2-1/2 hour volume in either the morning or aftemoon, then the projeefs traffic impact is considered insignificant and in compliance with the City's Traffic Phasing Ordinance requirement. In the event that the project's generated traffic exceeds the one percent traffic volume analysis on any approach leg to any of the selected intersections,then further analysis would be required which consists of Intersection Capacity Utilization(ICU)analysis. The one percent traffic volume test was applied to the selected intersections and six of the intersections exceeded the maximum one percent volume test. The intersection of Jamboree Road/Bristol Street North,Jamboree Road/Bristol Street South, Jamboree RoadBayview Way,Jamboree Road/Unkversity Drive, Jamboree Road/Bison Avenue, Jamboree Road/Ford Road, Jamboree Road/San Joaquin II'dis Road, Jamboree Road/East Coast highway, MacArthur Boulevard/Janiboree Road, MacArthur Boulevard/Bison Avenue, MacArthur Boulevard/San Joaquin Bills Road and Campus Drivel Bristol Street South exceed 1% of the intersection traffic volume, therefore, finther ICU analysis for these intersections became necessary. As required by the TPO•implementation guidelines, critical intersections,where project volumes exceed the one percent test volumes, will need mitigation if the project causes an intersection to exceed an ICU of 0.90 or makes worse an intersection that already exceeds the 0.90 threshold during the a.m. or p.m. peak hour. The ICU analysis worksheets for the 12 intersections examined in the City of Newport Beach are presented in Appendix`B"of the Traffic Study which was included with the BIR The ICU analysis indicates that eight of the twelve intersections will not exceed the 0.90 ICU threshold value for the cumulative and existing plus cumulative plus project conditions. These intersections are FLETCHER JONES MOTORCARS AUGUST 24,1995 Page 27 Z� w located at Jamboree Road/Bristol Street North, Jamboree Road/Bayview Way, Jamboree Road/University Drive, Jamboree Road/Bison Avenue, Jamboree Road/Ford Road, Jamboree Road/San Joaquin Hills Road, Jamboree Road/East Coast I-Eghway and MacArthur Boulevard/Bison Avenue and will operate at Acceptable levels of service for both peak periods. The ICU analysis indicates that two of the intersections will exceed the 0.90 ICU threshold value for the cumulative and existing plus cumulative plus project conditions. These critical intersections are located at MacArthur Boulevard/Jamboree Road, MacArthur Boulevard/San Joaquin IUls Road, however,will not make worse the intersections'ICU values and are not considered a significant project impact. The ICU analysis also indicates that the remaining two intersections will exceed the 0.90 ICU threshold value for the cumulative and existing plus cumulative plus project conditions and make worse by 0.01 or greater the ICU at the Jamboree Road/Bristol Street South and Campus Drive/Bristol Street South intersections. The Traffic Study also indicates that the TPO guidelines provide that any reasonably foreseeable improvement projects which may affect the study area intersections be included in the TPO analysis. Therefore, improvements identified in the traffic study included in Volume II Appendices of the EIR indicate that forecasted improvements will reduce the project contribution at the intersection of Campus Drive/Bristol Street South intersection to a level below the"One-Percent" threshold and off- set any project contribution to the overall ICU value, thereby negating any project impacts at this intersection. Improvements at the intersection of Jamboree Road/Bristol Street South will reduce the ICU values of the a.m. and p.m.peaks to 0.83 and 0.85, respectively,well under the 0.90 threshold. Vehicular Access To The Site Access to the site will be provided from the proposed extension of Bayview Way from its existing terminus at Jamboree Road easterly for approximately 600 feet to the on site wetland area The project, as proposed, would not encroach into the wetland area. The proposed roadway alignment would accommodate the future extension of Bayview Way (University Drive North) through the wetland area as depicted on the City of Newport Beach General Plan. The extension of this roadway is not a part of the project and is not considered necessary to accommodate the traffic anticipated to be generated by the proposed project. Restaurant Facility The attached floor plan also denotes an 1,800 square foot bistro within the subject automobile facility. At the time of this application,the applicant does not'have definite plans for the type of food use to be established. Said food establishment shall be subject to the approvatof a Use Permit if the applicant is desirous of opening to the general public. An appropriate condition of approval has been included in this report. FLETCHER JONES MOTORCARS AUGUST 24,1995 Page28 30 Required Parkinu The Municipal Code and the San Diego Creek North /Jamboree - MacArthur Planned Community District Regulations do not contain any specific parking requirements for automobile sales facilities. The Planning Commission has traditionally required the provision of customer and employee parking at the same rate as would be required for general office uses. However, in this particular case, it is staff's opinion that 900 spaces would be adequate to serve the subject automobile sales facility. Proposed Hei t Limit The land formation of the proposed site is being altered to accommodate the proposed development. In order to obtain access from Bayview Way, site development will require the export of approximately 160,000 cubic yards of soil, due to the fact that the site topography is currently too high to accommodate site access from the proposed Bayview Way. Due to the large amount of exportation of soil involved, the new grade established on the site will be approximately 27 feet below the existing grades on the site. The proposed building for the automobile sales facility is approximately 32 feet in height with a 37 foot parapet wall located over the main showroom display area. It is staffs opinion that the proposed building is designed in accordance with Chapter 20.02 of the Municipal Code, in that the measurement of height is measured from the site's existing elevations and contours, and the new finished grade is substantially lower than the site's existing grades. nZrCHER JONES MOTORCARS AUGUST 24,1995 Page29 3� RESOLUTION NO. A RESOLUTION OF THE PLANNING CONIMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING APPROVAL TO THE CITY COUNCIL OF AN AMENDMENT TO THE LAND USE ELEMENT OF THE NEWPORT BEACH GENERAL PLAN TO CHANGE THE LAND USE DESIGNATION OF THE SAN DIEGO CREEK NORTH SITE FROM ADMINISTRATIVE, PROFESSIONAL AND FINANCIAL COIvIIvIERCIAL (APF) TO RETAIL AND SERVICE COM ERCIAL (RSC) AND ESTABLISH THE PERMITTED INTENSITY OF DEVELOPMENT. (GENERAL PLAN AMENDMENT 95-1(D)j WHEREAS,as part of the development and implementation of the Newport Beach General Plan the Land Use Element has been prepared;and WHEREAS, the Land Use Element sets forth objectives, supporting policies and limitations for development in the City of Newport Beach;and WHEREAS,the Land Use Element designates the general distribution and general location and extent of the uses of land and building intensities in a number of ways, including residential land use categories and population projections, commercial floor area limitations, and the floor area ratio ordinances;and WHEREAS,the Land Use and Circulation Elements are correlated as required by California planning law;and WHEREAS,the provisions and policies of the Land Use and Circulation Elements are further implemented by the traffic analysis procedures of the Traffic Phasing Ordinance and the implementation programs of that Ordinance and the Fair Share Traffic Contribution Fee Ordinance;and WHEREAS,pursuant to Section 707 of the Charter ofthe City of Newport Beach, the Planning Commission has held a public hearing to consider Amendment No. 95-1(D)to the Land Use Element of the Newport Beach General Plan;and WHEREAS, Draft EIR No. 155 has been prepared for the proposed project in compliance with the provisions of the California Environmental Quality Act. I �3 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Newport Beach that General Plan Amendment 95-1(1)),which would redesignate the site from Adminls/rative. Professional wtd Financial Commercial (APF) to Retal! mul Servlce COmmercial(RSQ on the San Diego Creek North Site is recommended for approval by the City Council as follows: Land Use Element: Page 73 3. San Diego Creek North This site is located on Jamboree Road easterly of the -Bayview Planned Community. The site is designated for Administrative; Frefessional-and-Nnanoial-Gemmereiai Retail and Service Commerclalt=)land use and is allocated a floor area ratio of 0.5/0.75. fe t--ArFie Station;Pseiw9en e€2.5 acres is elsetlesignated-ia4his-area: ADOPTED this_day of 1995,by the following vote,to wit; AYES NOES ABSENT BY TOD R1DGEWAY CHAIRMAN BY MICHAEL KRANZLEY SECRETARY F:1WP51tPIANNNOVPOBNOI1FLEfCHRJUtES-0PA.DOC RESOLUTION NO. 95 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING TO THE CITY COUNCIL ADOPTION OF LOCAL COASTAL PROGRAM AMENDMENT NO. 39 FOR THE SAN DIEGO CREEK NORTH SITE WHEREAS, the Coastal Act of 1976 requires the City of Newport Beach to prepare a local coastal program,and WHEREAS, as part of the development and implementation of the Coastal Act, a Local Coastal Program,Land Use Plan has been prepared;and WHEREAS,said Land Use Plan sets forth objectives and supporting policies which serve as a guide for future development in coastal areas of the City of Newport Beach;and WHEREAS,the Planning Commission has held a duly noticed public hearing to consider a certain amendment to the Land Use Plan of the Newport Beach Local Coastal Program;and WHEREAS, pursuant to the California Quality Act an Environmental Impact has been prepared for the proposed project. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Newport Beach that an amendment to the Land Use Plan of the Newport Beach Local Coastal Program is recommended for approval to the City Council,as follows: Page 68: 3. San Diego Creek North This site is located on Jamboree Road easterly of the Bayview Planned Community. The site is designated for tldxtin}sEre•:..a.�z; ssieaal-And-Fynaneiat-Gommera}al Retail and Service Commercial(R50 land use and is allocated a floor area ratio of 0.5/0.75. 112,000 square feet. rr;Fe Station-- of 2.5 aefes is also designated-in-ihis�- BE IT FURTHER RESOLVED that the Planning Commission has read and considered the information contained in the draft Environmental Impact Report,and determines that it is adequate to serve as the environmental documentation for the project. 1 2D �� ADOPTED this_day of 1995,by the following vote,to wit: AYES NOES ABSENT BY TOD RIDGEWAY CHAIRMAN BY MICHAEL KRANZLEY SECRETARY 2 33 �b RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING AN AMENDMENT TO THE THE PLANNED COMMUNITY DISTRICT REGULATIONS FOR THE SAN DIEGO CREEK NORTH AND JAMBOREE/MACARTHURPLANNED COMMUNITY (PLANNING COMMISSION AMENDMENT NO.823) WHEREAS, as part of the development and implementation of the Newport Beach General Plan the Land Use Element has been prepared;and WHEREAS,the Newport Beach Municipal Code provides specific procedures for the implementation ofPlanned Community zoning for properties within the City of Newport Beach;and WHEREAS, the proposed revisions to the Planned Community District Regulations are consistent with the Newport Beach General Plan, as proposed by the accompanying General Plan Amendment No.95-I (D);and WHEREAS,the proposed project meets the criteria of the Traffic Phasing Ordinance; and BE IT FURTHER RESOLVED that the Planning Commission of the City of Newport Beach does hereby recommend approval by the City Council an amendment to the San Diego Creek North and Jamboree/MacArthur Planned Community District Regulations as attached hereon as Exhibit I. ADOPTED this_day of Aueust, 1995,by the following vote,to wit: AYES NOES ABSENT BY TOD RIDGEWAY CHAIRMAN BY MICHAELKRANZLEY SECRETARY Attachment: Exhibit 1 I '� EXHIBIT I AMENDMENT NO. 823 SAN DIEGO CREEK NORTH AND JAMBOREE/MACARTHUR PLANNED COMMUNITY DISTRICT REGULATIONS Prepared for: City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Prepared by: The Irvine Company 550 Newport Center Drive Newport Beach, CA 92658-8904 Adopted Ordinance No. Amendment No. �� s • • Y ! TABLE OF CONTENTS Page No. Introduction 1 Section I General Notes 4 Section II Permitted Uses 5 List of Figures Figure I General Site Location 2 Figure II Land Use Plan 3 Figure III Statistical Analysis 7 70 INTRODUCTION PURPOSE AND INTENT The San Diego Creek North and Jamboree/MacArthur Planned Community (P-C) Districts Regulations have been developed in compliance with the City of Newport Beach General Plan. This P-C has also been developed pursuant to Chapter 20.51 of the Newport Beach Municipal Code. The intent of these District Regulations is to provide for the retention of the sites as open space and public facilities areas with selected permitted uses; and the establishment of an area for an automobile dealership facility with sales and repair; support retail and food uses . q1 • r LCOSTA UESA tel: ♦ � CH PACIFICOCEAN VICINITY jW40 E Y t• wL1:. .f. fir.....• .`I: . a , , rKIVI PLANNED . • r , r . r A r • SpAce r r 0 Y E C�� ise����y�,49•;�r Z '!!q A •-fit" ti s Bqdo ,�._,.• 0, 9pZ '. yr` .�•�n.�.C��>L.��i�:'S,a SAN DIEGO CREEK CHANNEL ® RETAIL+SERVICE COMMERCIAL W OPEN SPACE/PUBLIC FACILITIES NATURAL OPEN SPACE —N— LAND USE PLAN V SAN DIEGO CREEK NJJAMBOREE MAC ARTHUR NOT TO SCALE PLANNED COMMUNITY DISTRICT • Y SECTION I GENERAL NOTES 1 . WATER SERVICE Water within the Planned Community will be furnished, by the City of Newport Beach. 2 , GRADING AND EROSION Grading and erosion control shall be carried out in accordance with the provisions of the City of Newport Beach Grading Ordinance and shall be subject to permits issued by the Building and Planning Departments. 4 LG� SECTION II PERMITTED USES The following are permitted uses within the natural open space area (Area 1) : 1 . Preservation and restoration of existing habitat and wetlands. 2 . Habitat and wetland creation and enhancement. 3. Ecological and agricultural research. 4 . Utilities 5. Equestrian, pedestrian and bicycle trails . The following are permitted uses within the open space/public facilities area (Area 2) : 1 . Preservation and restoration of existing habitat and wetlands . 2 . Passive and active public recreation facilities such as hiking, biking, scenic outlooks, picnicking and equestrian trails . 3 . Biotic gardens. 4 . Other uses that the Planning Commission finds compatible with the natural amenities of this parcel . 5. Transportation corridors, appurtenant facilities, arterial highways and vehicular access to the other permitted uses. 6. Utilities and water tanks. 7 . Fuel modifications zones. �- I 9—Fire statien. 398. Drainage and flood control facilities. 1-1-9. Any grading necessary for the permitted uses. 1410. Off-site directional sign. 3311 . Enhanced landscaped corner. The following are permitted uses within the open space/public facilities area (Area 3) : 1. Preservation and restoration of existing habitat and wetlands. 2 . Passive public recreation uses. 3. Biotic gardens. 4 . Other uses that the Planning Commission finds compatible with the natural amenities of this parcel. 5. Transportation corridors, appurtenant facilities, arterial highways and vehicular access to the other permitted uses. 6. Utilities and water tanks. 7 . Fuel modifications zones. S. Drainage and flood control facilities. 9. Any grading necessary for the permitted uses. 10. Off-site directional signs. 11 . Enhanced landscaped corner. 6 , 6 The following are permitted uses within the retail service commercial area (Area 4) : 1 . Accessory support retail 2 Specialty Food Establishments in accordance with Title 20 _of the Newport Beach Municipal Code. 3 Signs in accordance with the Newport Beach Municipal Code. 4 Preservation and restoration of existing habitat and wetlands . 5 Passive and active public recreation facilities such as hiking, biking, scenic outlooks, picnicking and equestrian trails . 6 . Biotic gardens. 7 Other uses that the Planning Commission finds compatible with the natural amenities of this parcel. 8 Transportation corridors, appurtenant facilities, arterial highways and vehicular access to the other permitted uses. 9 . Utilities and water tanks . 10. Fuel modifications zones . 11 . Drainage and flood control facilities. 12 Any grading necessary for the permitted uses. 13. Off-site directional signs. 14 . Enhanced landscaped corner. THE FOLLOWING ARE PERMITTED USES SUBJECT TO THE SECURING OF A USE PERMIT: 7 l� • 0 1 , 1 1 , 1 . Automobile sales facilities, subject to the securing of a use permit. 2 . Automobile repair facilities only in conjunction with new or used cars sales facilities as the primary use, subject to the securing of a use permit. 3. Restaurants, subject to, the securing of a use permit. 8 qv FIGURE III STATISTICAL ANALYSIS San Diego Creek North and Jamboree/MacArthur Acreage Type Area (Net) Open Space 1 2. 0 Open Space/Public Facilities 2 12 . ; 3. 07 Open Space 3 4 . 7 Retail and Service Commercial 4 9. 63 damboree�M.at�rttaur--mot¢= 4—� San Diego Creek North & Jamboree/MacArthur TOTAL 19.4 f:%•..%PCTE%T%PCSDCN.692 9 q"! SECTION I. STATISTICAL ANALYSIS Block 500 1. Prgject Area Net Acreage 19.66 2. Percentage of Site Coverage a. Building Footprint 20% maximum b. Landscape 30% minimum 3. Maximum building floor area will not exceed 397,046 square feet. 4. The square footage of individual building sites are subject to adjustment as long as the limitations on total development are not violated. Any adjustment in the square footages for each building site shall be reviewed and approved by the Planning Director. a�.t u.wn 3 SECTION I. STATISTICAL ANALYSIS Block 500 1. Project Area Net Acreage 19.66 2. Percentage of Site Coverage a. Building Footprint 205o' maximum b. Landscape 30% minimum 3. Maximum building floor area will not exceed 398,112 square feet. 4. The square footage of individual building sites are subject to adjustment as long as the limitations on total development are not violated. Any adjustment in the square footages for each building site shall be reviewed and approved by the Planning Director. rcr�soo 3 ti 1995 RESOLUTIONNO._ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING CITY COUNCIL APPROVAL OF AMENDMENT NO. 1 TO THE CIOSA AGREEMENT (DEVELOPMENT AGREEMENT NO.6) WHEREAS,the State Legislature and the City Council have determined that the lack of certainty in the approval of development projects can result in a waste of resources,escalate the cost of housing and other development to the consumer,and discourage investment in and commitment to comprehensive planning which would make maximum efficient utilization of resources at the least economic cost to the public;and WHEREAS,the assurance that an applicant may proceed with a project in accordance with existing policies,rules and regulations,and subject to conditions of approval,will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development;and WHEREAS, California Government Code Section 65864 et seq. authorizes cities to enter into development agreements with any person having a legal or equitable interest in real property for the development of the property,and WHEREAS, Chapter 15A5 of the Newport Beach Municipal Code provides requirements and procedures for the amendment of development agreements;and WHEREAS,Amendment No. I to Development Agreement No.6 has been prepared in compliance with state law and the Newport Beach Municipal Code;and WHEREAS, in compliance with state law and city ordinance, a duly noticed public hearing was held by the Planning Commission to consider Amendment No. 1 to Development Agreement No.6;and WHEREAS,the Planning Commission finds that the Amendment is in compliance with the California Environmental Quality Act and Guidelines promulgated thereunder,and WHEREAS,the Planning Commission finds that said Amendment is in conformance with the Newport Beach General Plan, as proposed by accompanying General Plan Amendment No. 95-1(D);and WHEREAS, the adoption of the Development Agreement Amendment wilt not preclude the City from conducting future discretionary reviews in connection with the project, nor �3 1A i would it prevent the City from imposing conditions or requirements to mitigate significant impacts identified in such reviews provided that the measures do not render the project infeasible. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Newport Beach hereby recommends City Council approval of Amendment No. I to Development Agreement No.6. ADOPTED this_day of . 1995,by the following vote,to wit: AYES NOES ABSENT . BY TOD RIDGEWAY CHAMMAN BY MICHAEL KRANZLEY SECRETARY Attachment: Exhibit 1: Amendment No. 1 to Development Agreement No.6 F:.IWP51TIANNWMIPUANOTTLEICHRARFSDA6DW • • EXEMPT RECORDING REQUEST PER GOVERNMENT CODE 1 6103 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663-3884 FIRST AMENDMENT TO THE CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT (Pursuant to Government Code Sections 65864-65869.5) This FIRST AMENDMENT ('Amendment" ) to the CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT (the "CIOSA" )is entered into this _day of , 1995, by and between the charter city ("City") and The Irvine Company, a Michigan corporation, ("Company") . City and Company are sometimes collectively referred to herein as the "Parties. RECITALS A. On June 30th, 1993, City and Company entered into the CIOSA, an agreement authorized pursuant to Government code section 65867 and Chapter 15.45 of the Newport Beach Municipal Code. The CIOSA was recorded as Document No. 93-0479122 of the Official Records of orange County, California. The CIOSA was entered into pursuant to Government Code section 65867 and Chapter 15.45 of the Newport Beach Municipal Code. B. Along with other property owned by Company and described therein, the CIOSA applies to that area of City known as San Diego Creek North ("SDC North" ) . The CIOSA restricts use of SDC North to open space/ public facilities, consistent with City's Ordinance No. 92-39. C. city and Company are now in agreement that SDC North should be made available for use as the possible future site of an automobile dealership, consistent with the standards and requirements set forth in Exhibit "A" hereto, to the extent that SDC North is not required for the San Joaquin Hills Transportation Corridor. Accordingly, City and Company desire to enter into this Amendment amending the CIOSA to permit development of SDC North with an automobile dealership. 1 AGREEMENT NOW, THEREFORE, for good and valuable consideration received by each part from the other, City and Company agree as follows: 1. Exhibit "D" to the CIOSA is hereby amended by changing the "DEVELOPMENT" column for SDC North from "Open Space "Open' column for SDC Space/Retail and Service Commercial, and the "DEVELOPMENT AREA (ACRES) " North from "-0-" to "9.6. " 2. Exhibit "E: to the CIOSA is hereby amended by changing the "OPEN SPACE ACRES TO BE DEDICATED" column for SDC North from "8.6" to ".0 11 with an added footnote indicating dedication for commercial purposes. 3. Exhibit "I" to the CIOSA is hereby amended changing the Category 2 site limitations and related constraints map for San Diego Creek North. WHEREFORE, this Amendment is entered into effective the date first written above. CITY OF NEWPORT BEACH, a THE IRVINE COMPANY, a Michigan Municipal corporation corporation By: Bys Mayor Gary H. Hunt Executive vice President ATTEST: By: City Clerk Peter D. Zeughauser Vice President & General Counsel APPROVED AS TO FORM: Robert H. Burnham City Attorney 2 EXHIBIT"D" CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT DEVELOPMENT AREA DATE: 11/24/92 DEVELOPMENT 9 PROPERTY DEVELOPMENT AREA(ACRES) 1. SAN DIE GO CREEK SOUTH Residential - 300 D.U. 18.4 2. SAN DIEGO CREEK NORTH 9pen�paee Retail and Service Commercial 9.6 9.6 3. JAMBOREE/MAC ARTHUR Open Space -0- 4. UPPER CASTAWAYS Residential - 151 D.U. 26.0 5 BA�W LANDING Restaurant- 10 00 S.F. or 5.0 Health Club-40,000 S.F. or Senior Residential - 120 D.U. 6. NEWPORTER NORTH Residential -212 D.U. 30.0 7. BLOCK 800 Residential -245 D.U. 6.4 8. CORPORATE PLAZA WEST Office- 94,000 S.F. 9.0 9. FREEWAY RESERVATION North Area q3.5Residential - 36D.U.South Area Residential - 12. D.U.10. NEWPORTER KNOLL Open Space 11. NEWPORTER RESORT Hotel- Additional 68 Rooms onsite 12. NEWPORT VILLAGE Open Space -0- from library to San Mi el TOTAL 115.4 • EXHIBIT"E" • CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT OPEN SPACE DEDICATION DATE: 11/24/92 OPEN SPACE ACRES TIMING OF # PROPERTY TO BE DECICATED (4) DEDICATION L SAN DIEGO CREEK SOUTH 2•4 (3) 2. SAN DIEGO CREEK NORTH -0- (5) 3. JAMBOREE/MAC ARTHUR 4.7 (3) 4. UPPER CASTAWAYS 30.6 (2) 5. BAYVIEW LANDING 11.1 (1) 6 NEWPORTER NORTH 47.2 (2) 7, BLOCK 800 -0- N/A 8. CORPORATE PLAZA WEST -0- N/A 9. FREEWAY RESERVATION 17.3 (2) North Area N/A South Area -0- 10. NEWPORTER KNOLL 12.0 (1) 11. NEWPORTER RESORT -0- N/A 12. NEWPORT VII LAGE 12.8 (4) from library to San Miguel) TOTAL 138.1 (1) Open Space to be dedicated upon Effective Date of Agreement. (2) Open Space to be dedicated upon issuance of first building permit. (3) Open Space shall be offered for dedication upon issuance of last building permit of all projects contained in this Agreement. The Company may elect to waive this condition. (4) Open Space area to be dedicated upon issuance of first building permits for both Upper Castaways and Newporter North. (5) 8.6 acres will be dedicated to the City for commercial land use. CATEGORY 2 Definition. Category 2 sites have either a range of principal permitted uses or no specific delineation of a"development envelope" and"maximum extent of grading for non-public uses." (F through H) Sites included in this category are: F. Jamboree/MacArthur G. San Diego Creek North H. Newporter Resort Future Discretionary Review: All uses on Jamboree/MacArthur and San Diege Greek bleft - would be subject to future CEQA/Coastal Development Permit review. Thus, for purposes of future Coastal Act and LCP review of Jamboree/MacArthur and San Diege G ee!e Nell , approval of the Development Agreement and Development Agreement Addendum provides the following: Deletion of office uses allowed by the approvedNewport Beach LUP; Other public facility uses identified for each site in the Development Agreement PC text as found to be within the scope of the approved Newport Beach LUP but, due to absence of analysis of potential impacts and absence of development envelope/maximum grading maps, such uses are subject to full future discretionary review; No encroachment or loss of wetlands is approved and not other habitat- related findings are made other than that the habitat protection/restoration designation for the San Diego Creek north area bordering San Diego Creek is consistent with and in furtherance of Coastal Act Sections 30231 and 302233. The Impacts of the additional hotel rooms on the Newporter Resort would be subject to future CEQA/Coastal Development Permit requirements with full discretionary review. The impact of commercial development on the San Diego Creek North site will be subject to future CEOA/Coastal Development Permit requirements with full discretionary review, 1 ♦ ( 'xu :�;.`r'. AREAS i �� 1 J• �„•� � w1W I}�.a MK �/ • - %%� .,•� / 'Q�/' /Q�' n /w 0 i NATURAL OPEN SPACE '�- ~' / i' .%�-�• /'L-1��,`, tr• FOR HABITAT ENHANCEMENT A r ,y.y,.•. o...�, 'r+ . ;.. • NOTE: • �/ • s ` ±�+-•, ���,, i R conceptual purposes .,; •�• __ ;9^'AWI � -�•. -1 only. Not included In '.'` •�••• _ t _ !f .�" \ - Development Agree- I/ r + • •r ,��y\\ ment per Addenuetn .« 'r'' •rY, �\ ♦ r, ram.,.-r•L�•�•, / ' 1 ` ` . - - Text. LEGEND � �� -`j :.i ,` •• _ .t•. ,. x ♦ - A&P ' A .... r••-,.... --=�-•--"_-----•._,, ..—_-ram t C 0 N S T R A I NTS MAP "W� -�•-=�'=• SAN DIEGO CREEK NORTH NEUPORT BEACH CALIFORNIA M•- `"""��•� RESOLUTION NO._ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING CITY COUNCIL APPROVAL OF DEVELOPMENT AGREEMENT NO.9 WHEREAS,the State Legislature and the City Council have determined4hat the lack of certainty in the approval of development projects can result in a waste of resources,escalate the cost of housing and other development to the consumer,and discourage investment in and commitment to comprehensive planning which would make maximum efficient utilization of resources at the least economic cost to the public;and WHEREAS,the assurance that an applicant may proceed with a project in accordance with existing policies, rules and regulations,and subject to conditions of approval,will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development;and WHEREAS, California Government Code Section 65864 et seq. authorizes cities to enter into development agreements with any person having a legal or equitable interest in real property for the development of the property;and WHEREAS, Chapter 15.45 of the Newport Beach Municipal Code provides requirements and procedures for the amendment of development agreements;and WHEREAS, Development Agreement No. 9 has been prepared in compliance with state law and the Newport Beach Municipal Code;and WHEREAS, in compliance with state law and city ordinance, a duly noticed public hearing was held by the Planning Commission to consider Development Agreement No.9;and WHEREAS,the Planning Commission finds that Development Agreement No. 9 is in compliance with the California Environmental Quality Act and Guidelines promulgated thereunder,and WHEREAS,the Planning Commission finds that said Development Agreement No. 9 is in conformance with the Newport Beach General Plan,as proposed by accompanying General Plan Amendment No.95-1 (D);and WHEREAS, the adoption of the Development Agreement will not preclude the City from conducting future discretionary reviews in connection with the project,nor would it prevent the City from imposing conditions or requirements to mitigate significant impacts identified in such reviews provided that the measures do not render the project infeasible. �I NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City�of Newport Beach hereby recommends City Council approval of Development Agreement No.9. ADOPTED this_day of . 1995,by the following vote,to wit: AYES NOES ABSENT BY TOD RIDGEWAY CHAIRMAN BY NUCHAELICRANZLEY SECRETARY Attachment: Exhibit1: Development Agreement No.9 FAWP514PLgMG11PUBN0IWMCHRJT,ESSDA9DX lw y DEVELOPMENT AGREEMENT NO. 9 TABLE OF CONTENTS ARTICLE PAGE I . Recitals I2 . Definitions and Rules of Interpretation III . Representations and Warranties IV. Commitments of City V. Commitments of Developer VI . Development of the Site VII . Special Provisions VIII . Defaults, Remedies and Termination IX. General Provisions DISPOSITION AND DEVELOPMENT AGREEMENT THIS DISPOSITION AND DEVELOPMENT AGREEMENT ("the Agreement") is made and entered into as of the day of , 1995, by and between the CITY OF NEWPORT BEACH ("City") and Fletcher Jones Motor Cars, Inc. ("Developer") . I. RECITALS Section 1. 01: City is a municipal corporation and charter city. City is authorized to enter into this Agreement pursuant to authority of California Government Code § 65864 et seq. and Chapter 15 .45 of the Newport Beach Municipal Code. Section 1. 02 : Developer is a corporation duly authorized to conduct business in the State of California. Section 1 . 03 : 2 /- V� . 6• Developer currently owns and operates an automobile dealership on real property located at 1301 Quail Street in the City of Newport Beach. The Chief Executive Officer of Developer has operated automobile dealerships for 25 years. Developer has operated the Mercedes Benz automobile dealership for the past 3 1 2 years. Developer' s operation has been successful but Developer does not own the property and the current location does not afford Developer any significant frontage on a major arterial highway. Developer has received offers to relocate the dealership to another city but would prefer to remain in the City of Newport Beach. Developer currently generates significant sales tax revenues for the City of Newport Beach and those revenues would be lost in the event of a relocation of the dealership to another jurisdiction and City services would suffer as a consequence. Section 1 . 04 : City, in reliance on the special skill and ability 'of Developer to operate a successful automobile dealership and Developer' s affiliation with Mercedes Benz, has undertaken efforts to retain Developer' s automobile dealership in the City and desires to enter into this Agreement so that Developer will continue to operate the automobile dealership within the City for a minimum of 20 years. 3 Section 1.03 • City has entered into an agreement with the Irvine Company ("TIC") pursuant to which City has the right to acquire a parcel consisting of approximately acres of vacant land commonly known as San Diego Creek North and legally described in Parcel. A. City is currently negotiating with Cal Trans to acquire their interest in a 1.8 acre parcel of vacant land contiguous to, and immediately east of Parcel A and legally described' in Exhibit B (Parcel B) . City is also negotiating with the Transportation Corridor Agency to acquire a acre parcel of vacant land contiguous to, and immediately west of, Parcel A and which is legally described in Exhibit C (Parcel C) . The parcels of land described in Exhibits A, B and C are collectively referred to as the Development Site. Section 1. 04 : City and Developer have determined that the Development Site is of sufficient size to accommodate an automobile dealership larger than the current operation and provides increased visibility and access due to the proximity of the site to major arterials and the San Joaquin Hills Transportation Corridor. Section 1 . 05 : 4 66 Developer and City acknowledge that the Development Site, while advantageous from the standpoint of size, visibility and access, is difficult and expensive to develop due to the topography, the presence of major public utilities (such as water and electrical facilities) , the proximity of the property to wetlands, the need `- aegairre l""" ' the need to acquire Parcel B and Parcel C which are each owned by public entities, and the cost of public improvements necessary to achieve physical access to the site. Permits and approvals are, or may be, required from numerous public entities and the current owner of the property as a pre- condition to construction of an automobile dealership on the site. Section 1 . 06 : City and Developer acknowledge that construction of an automobile dealership on the Development Site will require each party to devote a substantial amount of time, effort and money to secure each of the parcels and all entitlements . Many of these expenditures will occur prior to the actual transfer of the Development Site from the City to Developer and prior to the realization of the financial benefits each party can expect once the dealership is constructed. Developer acknowledges that City is required, prior to dedication of parcel A by TIC, to commit to the construction of a major storm drain system and modifications to a Development Agreement between the City and TIC. City acknowledges that Developer, prior to receipt of the Development Site, has committed to continue operations in the City of Newport Beach 5 V� X!'11 rather than relocate to another jurisdiction and is committing to incur site development costs substantially above those normally associated with the construction of an automobile dealership. Section 1. 07: The primary consideration to the City for this Agreement is retention of an automobile dealership that is the single largest sales tax generator in Newport Beach. The primary consideration to Developer for this Agreement is the right to construct an automobile dealership on property owned by Developer and which will be visible and accessible to a large volume of potential customers and in close proximity to the majority of Developer's current customers , II. DEFINITIONS AND RULES OF INTERPRETATION Section 2 .01: Definition of Words and Terms In addition to any words and terms defined elsewhere in this Agreement, the following definitions shall apply to the words and terms used in this Agreement. A. "Automobile Dealership" means the construction and operation of a Fran .h senew and ased -Mercedes Benz nute;ebile 6 b3 dealership sales and service facility on the Development Site €ex the tei,n-ft his z nt. yyr^ B. "CIOSA" shall mean the Circulation and Improvement in Open Space Agreement between the City of Newport Beach and the Irvine Company dated June 30, 1993 . C. "City" shall mean the City of Newport Beach. D. "City permit" shall mean any permit, license or approval to be granted by the City of Newport Beach, including amendments to CIOSA, amendments to the Planned Community Development Text for San Diego Creek North, zone changes for parcels B and C, amendments to the ,Land Use Element of the General Plan relative to parcels A, B and C, approval of an environmental document, amendments to the Land Use Plan of the local coastal program, approval of grading permits, approval of building permits, approval of water and sewer connection permits which the City empowered to approve and are necessary for construction of the project. E. "Dedication Agreement" shall mean the agreement between the City and TIC pursuant to which the City acquires Parcel A a copy of which is attached as Exhibit D. F. "Developer" shall mean Fletcher Jones Motor Cars, Inc. 7 �r n �n � G. "Development Agreement Ordinance" shall mean Chapter 15 .45 of Title 15 of the Newport Beach Municipal Code. H. "Development Site" shall mean parcels A, B and C (as described in Exhibits A, B and C) . I. "Discretionary project approval" shall mean all permits, approvals, licenses or authorizations, including non-City permits and certain City permits which involve the exercise of discretion and are necessary to implement the project. The project' s specific approvals do not include building and grading permits issued by City. J. "Force Majeure" shall mean delays due to war; insurrection; strikes; lock-outs; riots; floods; public enemy; epidemics.; quarantine; restrictions; freight and embargoes; lack of transportation; governmental restrictions or priority; litigation; unusually severe weather; inability to secure necessary labor, materials or tools, delays of any contract work, subcontractor supplier; acts of another party; acts or the failure to act of any public or governmental agency or entity; or any other causes beyond the control, or without the fault of, the party claiming an extension of time perform. An extension of time for any cause shall only be for the period of the forced delay and shall commence to run from the time of the commencement of the cause,. 8 30 � 1 K. "Future general regulations" means those general regulations adopted by the City after the effective date of this Agreement . L. "General regulations" means those ordinances, resolutions, policies, plans and guidelines of the City which are generally applicable to the use of land and/or construction within the City and include General Plan, zoning ordinance, water and sewer ordinances, building ordinances, traffic impact fee ordinances, building excise tax ordinances, and similar ordinances, resolutions, policies and plans. M. "Grant deed" means an instrument in the form of Exhibit E to the escrow agreement . N. "Hazardous materials" means any flammable explosives, radioactive materials, hazardous waste, toxic substances or related materials, and shall include but not be limited to, substance defined as "hazardous substance, " "hazardous materials, " or toxic substances in the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980 and subsequently amended (circa) , the Hazardous Materials Transportation Act, the Resource Conservation Recovery Act (RCRA) , substances defined as "hazardous waster' in Section 25117 of the California Health and Safety Code; "hazardous substances" as defined in Section 25316 of the California Health and Safety Code; and those substances defined 9 or 001 . I as "hazardous waste" in regulations adopted, and publications promulgated, pursuant to any of the foregoing. O. "Jamboree flyover" means the proposed transition ramp from northbound Jamboree Road to the northbound lanes of State Route 73, which may be constructed over a portion of Parcel C, and designated on TCA plans and specifications as JR-5 ramp. P. "Nan-City permit" shall mean any permit, approval, license or authorization to be granted by an entity other than the City of Newport Beach and which is necessary for the construction of the project. Q. "Parcel Al' shall mean the real property described in Exhibit A. R. "Parcel Ell shall mean the real property described in Exhibit B. S. "Parcel C" shall mean the real property described in Exhibit C. T. "Permitted exceptions" shall mean (1)' those exceptions to title set forth in Exhibit E and (2) as to any Parcel, those exceptions to title specified on the title policy obtained by City and which Developer has either not disapproved or disapproved and 10 -321 0• ,.�0 the City has cured. U. "Project" means all actions that are a prerequisite to construction of an Automobile Dealership on the Development Site including City acquisition of Parcel A from TIC, City acquisition of Parcel B from Cal Trans, City acquisition of parcel C from the TCA, the approval of all City permits and non-City permits and the construction and operation of an automobile dealership on the Development Site in accordance with the terms and conditions of this Agreement and as specified in the Conceptual Site and Improvement Plans (Exhibit F) subject only to modifications approved by the City Council subsequent to public hearings or pursuant to agreement of the parties. V. "TCA" shall mean the Transportation Corridor Agency. W. "TIC" shall mean the Irvine Company. Section 2 . 02 : Rules of Interpretation A. words of the masculine gender shall ,be deemed and construed correlative words of a feminine and neuter genders. B. Unless the context shall otherwise indicate, words importing the singular shall include the plural and vice versa. And words importing person shall include firms, associations, 11 J. � i corporations, including private or public entities as well as natural persons. C. Whenever this Agreement requires either party to make any payment or perform, or refrain from performing, any act or obligation, each such provision shall be construed as an express covenant to make the payment, to perform, or not to perform as the case may be relevant to an act or obligation. The table of contents and article and section headings of this Agreement are not treated as part of the Agreement and do not effect the meaning, terms or conditions of this Agreement. III. REPRESENTATIONS AND WARRANTIES Section 3 . 01,: Representations by City City makes the following representations and warranties to Developer: A. City is a municipal corporation and charter city duly organized and existing under and by virtue of the constitution and laws of the State of California. By proper action of the City Council of the City of Newport Beach, the Mayor of the City has been duly authorized to execute this Agreement and the City is authorized to perform all of its obligations pursuant to this 12 �• r• Agreement. This Agreement is enforceable at law and in equity against the City in accordance with its terms unless enforcement is barred by bankruptcy proceedings or other laws affecting creditors rights generally. City represents and warrants to Developer that it has the lawful power and authority to enter into the transactions, and carry out the obligations contemplated by this Agreement. B. The execution and performance of this Agreement by the City will not conflict with, or result in any breach, of the terms, conditions or provisions of any agreement or instrument to which the City is a party or by which the City is bound. C. City has determined that the project will further the public good and is consistent with all City ordinances, plans and policies, except to the extent this Agreement contemplates an amendment to any ordinance, resolution, plan or policy. D. The City permits described in Exhibit G and the non-City permits described in Exhibit H are to the City' s knowledge, a complete list of all of the permits, licenses and approvals necessary to implement the project and permit the construction and operation of an automobile dealership on the Development Site. E. This Agreement is enforceable in law and in ectuity against City in accordance with its terms unless enforcement is barred by bankruptcy proceedings or other laws affecting creditor' s 13 rights generally. Section 3 .02 : Representations by Developer Developer makes the following representations and warranties to City: A. Developer is a corporation duly organized and existing under and by virtue of the laws of the State of California, and is authorized and qualified to do business in the State of California. B. Developer has the lawful power and authority to enter into, and perform the obligations required, this Agreement. By appropriate corporate action, Developer has duly authorized and ratified this Agreement . Fletcher Jones, Jr. has been authorized to execute this Agreement on behalf of the corporation. This Agreement is enforceable at law and in equity against Developer in accordance with its terms unless enforcement is barred by bankruptcy proceedings or other laws affecting creditors rights generally. C. The execution and performance of this Agreement by Developer will not conflict with, or result in a breach of any of the terms, conditions or provisions of, any other agreement, instrument or document to which Developer is a party or by which Developer or any of its properties bound. 14 r�• IV. CITY COMMITMENTS Section 4 . 01 : Pre-Transfer Commitments City shall acquire parcel A from TIC on or before —(date)— in accordance with the terms and conditions of the (Dedication Agreement) attached as Exhibit D. City agrees to perform all of its obligations under the Dedication Agreement. Any material breach of the Dedication Agreement by the City shall be considered a material breach of this Agreement by City and, in the event of such a breach, Developer shall have the rights and remedies specified in Section 8 . 04 . Parcel A shall be acquired by the city subject to the limitations and restrictions specified in the Dedication Agreement including limitations on the use of Parcel A, restrictions on the right to convert use of Parcel A to a use other than an automobile dealership, and the right of architectural review and approval of conceptual and design development site plans and improvement plans. A. City shall use its best efforts to obtain title to parcel B from Cal Trans. City shall acquire Parcel B on or before Parcel B shall be acquired by the City free and clear of any liens or - encumbrances which would interfere or impede development of the project. City' s obligation to acquire Parcel B is contingent upon payment by Developer of all costs and expenses 15 11 \ . r, associated with the acquisition of the property and Developer' s obligation to pay such costs and expenses is contingent upon Developer' s prior approval of such costs and expenses. B. City shall waive all planning, building, water, sewer and other processing fees City normally collects from an applicant for any permit or entitlement to develop property on behalf of the City, for deposit into the General Fund or specified City account, and which represent fees which City is authorized to waive. The parties agree the City does not have the power to waive, and is not required to waive fees such as TCA fees and school impact fees which are collected by the City on behalf of other agencies. C. City shall acquire Parcel C on or before City shall acquire Parcel C at no cost to Developer. City shall lease Parcel C to Developer subject to public utilities easements which do not impede or interfere with development of the Project and subject to an easement for street and highway purposes retained by the TCA for the benefit of Caltrans which is necessary to accommodate the possible construction. The easement retained by the TCA for the benefit of Caltrans shall provide that the bridge structure soffet profile of the Jamboree flyover between Bayview Way and Bristol Street will provide a minimum eighteen (18) foot clearance above grade at the center line of Bayview and the soffet profile will also guarantee a minimum twenty (20) foot clearance above the easterly "top of curb elevation" on Jamboree Road from 16 the northerly curb line of Bayview through and including the south curb line of South Bristol Street. The approximate soffet profile will be provided to Developer on or before enable Developer' s architects and designer to prepare a grading plan which will maximize the view of the automobile dealership from Jamboree Road. D. City shall cooperate with Developer, and use its best efforts, to obtain all required non-City permits. City shall initiate, and/or promptly process, all applications for City permits, including General Plan amendments, zoning amendments, and amendments to the Land Use Plan of the local coastal program, that are necessary or required to implement the project . City agrees to approve all City permits subject to its obligation to conduct public hearings to comply with applicable law, the presentation of substantial evidence in support of all required findings or decisions necessary to approve the permit, and subject to the requirement that the application and related documents fully comply with all applicable state and local laws, rules, plans and policies except to the extent that amendments to current plans are required to implement the project. City shall prepare staff reports, public notices and other documents relevant to City permits in a timely manner at no cost to Developer. E. City shall prepare and process an Environmental Impact Report evaluating the potential impacts of implementation of the 17 �q project. City shall retain a Project Manager to expedite preparation of the EIR, interface with the EIR consultant and keep Developer informed as to the status and progress of the EIR. City shall pay all costs of the EIR related to the analysis of the environmental impacts of constructing off-site improvements. F. City shall notify Developer of the preparation of all documents prepared by the City or its consultants relative to bids, cost estimates and scopes of work. City shall provide Developer with copies of all such documents, will allow Developer to review and comment on the documents prior to distribution and will cooperate with Developer to minimize the costs incurred in performing the tasks identified in Exhibit I and other matters related to implementation of the project. The City permits and non-City permits for which documents, reports or studies are, or may be, required and the City' s pro-rata share of the estimated costs of preparing these documents, reports or studies are identified in Exhibit I . City shall pay fifty percent (500) of any cost or expense in excess of those estimated for the documents, reports or studies identified in Exhibit I . G. City shall construct an extension of Bayview Drive from the east curb line of Jamboree Road to a point approximately 600 feet easterly of Jamboree Road. City has estimated the cost of constructing the Bayview Drive extension to be approximately $400., 000 . City shall fund the construction of the Bayview Drive 18 extension with the cost of construction reimbursed by Developer through the assessments paid pursuant to Section 5. 03 (c) and Developer shall have no other liability with respect to the construction of the Bavview Drive extension. H. City shall secure from TIC for the Developer upon the execution of this agreement a right of entry to parcel A for purposes of conducting test, examinations or studies for the purposes of determining the suitability of the parcel for development, to devise an appropriate plan for the grading of the site and to determine the size and design of proposed structures or improvements. The right of entry to the site shall require Developer to defend, indemnify and hold TIC harmless with respect ' to any claim, loss or damage arising from, or any way related, to the right of entry. I . City shall retain geotechnical consultants and other experts as necessary to perform soils, geologic, engineering, and other tests necessary to determine if the soil, geologic and other conditions of the development site are suitable for the construction of the project. The test results shall be submitted to Developer within five days after receipt by the City. The development site shall be considered suitable for construction of all necessary improvements unless the Developer notifies the City, in writing, within thirty days after receipt of the test results, the development site is not physically suited to the implementation 19 8/ of the project. Section 4. 02 : Commitment to Transfer City shall convey to Developer all of its right, title and interest in Parcels A and B, and grant Developer a long term lease hold interest to the surface area represented by Parcel C within thirty (30) days after satisfaction of the following conditions, one or more of which may be waived by Developer: A. City has acquired fee simple title to Parcels A, B and C, or such interest in each Parcel that will allow Developer to fully implement the project subject only to permitted exceptions and provided that Developer is able to acquire title insurance for the Development Site. B. All discretionary project approvals have been granted, subject only to conditions and requirements approved by Developer and the appeal period with respect to each permit has expired and no appeal has been filed. C. Soils, engineering and related reports have been approved by City and Developer or City and Developer have failed to object to the reports within the period specified in this Agreement. D. Developer has complied with all of its pre-transfer obligations and Developer' s representations and warranties remain 20 true and correct as of the date of conveyance. E. City shall convey Parcels A and B, and grant Developer a lease hold interest in Parcel C, through escrow, pursuant to the terms and conditions of the escrow instructions, and in accordance with the following: 1 . City shall provide Developer with an ALTA extended coverage owner' s policy of title insurance in the amount of insuring that Developer owns fee simple title to the Development Site subject only to permitted exceptions. 2 . City shall pay the cost for the title insurance and fifty percent (50%) of the escrow fees . City shall also pay any documentary transfer taxes . 3 . City' s right, title and interest shall be conveyed to Developer by deeds and/or a lease in a form substantially identical to Exhibit E. Section 4 . 03 : Post-Transfer Commitments A. City shall promptly review, process and approve all applications for building permit applications submitted by Developer in conjunction with implementation of the Project . City shall promptly conduct on-site inspections when requested by Developer or its representatives during the course of construction of any improvement on the Development Site . City shall promptly issue an appropriate Certificate of Occupancy when construction of 21 g3 ra-n improvements has been completed in accordance with the provisions of this Agreement and all applicable ordinances, policies and plans. B. Developer shall have a vested right to implement the project upon Developer' s acceptance of title to the Development Site and subject to Developer' s compliance with the construction schedule specified in Exhibit D. City shall not be permitted to apply future general regulations to the project without Developer' s express written consent . Except as expressly provided in this Agreement, no initiative, measure, moratorium, referendum, ordinance, statute, regulation, policy or other provision of law which in any way interferes with, impedes or restricts the development or use of the property as an automobile dealership shall be applied to the Development Site during the term of this Agreement. V. DEVELOPER COMMITMENTS Section 5 . 01 : Pre-Transfer Commitments A. Developer shall use its ,best efforts to promptly file for, and diligently pursue to approval, all required City permits and non-City permits. Developer shall pay its pro-rata share of the cost associated with preparation of documents, reports and studies as specified in Exhibit I . In the event the actual cost of preparing reports, documents and studies for the permits or tasks 22 n[j N l o (730 exceeds the costs identified in Exhibit I, Developer shall pay fifty percent (500) of the additional and unanticipated cost. Developer shall cooperate with City and its consultants relative to bids, cost estimates and scopes of work prepared in conjunction with applications for City permits and non-City permits. B. Developer shall cooperate with City in negotiations with entities who own utility facilities above and beneath the surface of the Development Site. Developer shall comply with all reasonable requests of those entities whose facilities must be relocated prior to construction, including the provision of financial security to guarantee the performance of all tasks associated with relocation of the facility and indemnification of • the entity during the course of relocation. C. Developer shall prepare at its sole cost and expense, all conceptual plans and designs describing proposed site development for submission to City and all other public or private entities whose permission is required to implement the project. Developer shall cooperate in the preparation of any environmental document and pay the cost of preparing that portion of any environmental document directly related to the development of the automobile dealership. D. Within days after the date of this Agreement, Developer shall perform soils, geologic, engineering and other 23 S� tests necessary to determine if the soil, geologic and other conditions of the Development Site are suitable for the construction of the project. The test results shall be submitted to the City within five (5) days after receipt by Developer. The Development Site shall be considered suitable for construction of all necessary improvements unless City or Developer notifies the other, in writing and within thirty (30) days after receipt of the test results, that the Development Site is not physically suited to implementation of the project. E. 3enesDeveloper shall diligently seek commitments for financing that peEtlen ef the cost of ee-�staFueting the project was Developer dees net intend to pay frefa its ewn assetashall have sole and absolute discretion with regard to the amount, terms, and source of financing. Developer shall advise City on a regular basis of its progress in securing requisite financing. Section 5.02 : Commitment to Accept Property Developer shall accept conveyance of City+s right, title and interest in Parcels A and B, and except the leasehold interest in Parcel C, when the following conditions have been satisfied: A. City has acquired fee simple title to Parcels A-and B, ands-spa leasehold interest for 50 years in eaeh Parcel that will-anew-Beveleper to fully implement tote-prrejeet--sebjeet-C only 24 to permitted exceptions and provided that Developer is able to acquire title insurance for the Development Site. B. All discretionary project approvals have been granted,, subject only to conditions and requirements approved by Developer and the appeal period with respect to each permit has expired and no appeal has been filed. C. Soils, engineering and related reports have been approved by City and Developer or City and Developer have failed to object to the reports within the period specified in this Agreement. D. City has complied with all of its pre-transfer obligations and City' s representations and warranties remain true and correct as of the date of conveyance . Section 5 . 03 : Post-Transfer Commitments A. Developer shall Abe responsible for the entire cost of designing and constructing all on-site and off-site improvements normally associated with an automobile dealership including water lines, sewer lines, electrical lines, gas lines, telephone lines, internal access roads, showrooms, repair facilities, storage facilities, loading and unloading facilities and parking facilities. 25 01 Or � - • . N B. Developer shall commence and complete construction of the Project in compliance with this Agreement and shall commence operation as an automobile dealership within a reasonable time after City issues a Certificate of Occupancy. Except as otherwise provided herein, Developer shall continue to use the Development Site as a Mercedes Benz automobile dealership for the term of this Agreement subject to force majeure. C. Developer shall pay an annual assessment to City of $80, 000 per year for five (5) years. Developer' s assessments will be used by City, for the most part, to reimburse City for the cost of constructing the extension of Bayview Drive, along the frontage of the property. Developer's first annual assessment shall be due and payable 180 days subsequent to the date on which the EeLctlfieate Beeupaney—is issued by the C`_tiDeveloper commences doing business at the Development Site and the four (4) subsequent assessments shall be due in twelve (12) month intervals from the date of the first payment. D. Developer shall pay fair share fees concurrently with the issuance of the first grading or building permit by City. City shall calculate the fair share fees within fifteen (15) days after Developer submits complete plans for Plan Check. The fair share fees shall be based upon the number of projected average daily trips based upon the floor area depicted on the plans and the trip generation rate for an automobile dealership. Developer shall also 26 g� pay impact fees - such as San Joaquin Hills Transportation Corridor fees and any school impact fee that is collected by, but does not directly benefit the City. Jones shall not be required to pay any building or development impact fee, or make any circulation system improvement other than the annual assessment described in Subsection 5 . 03 (c) , and the fees specified in this Section. VI. DEVELOPMENT OF THE SITE Section 6 . 01 : The Project shall be developed in compliance with the Conceptual Site Plan (Exhibit F) , which has been approved by City, the scope of work (Exhibit J) the Special Land Use Restrictions and other conditions of the Dedication Agreement, all subject to modifications submitted by Developer and approved, in writing, by City and TIC. City and TIC' s written approval of any modification shall not be unreasonably withheld. Section 6 . 02 : Construction Schedule A. Developer shall submit applications for all permits i P necessary to construct the project within 60 days after the Development Site is conveyed to the Developer. Developer shall commence construction within 30 days after issuance of acquired 27 building or grading permits whichever last occurs, subject to force majeure, thereafter diligently prosecute to completion the construction of the project. Developer shall strictly adhere to the construction schedule attached as Exhibit K subject to delay and extension due to force majeure or with written approval by City which shall not be unreasonably withheld. Developer shall furnish City with periodic status reports on the progress of construction when requested by the City but no more frequently than once a calendar month. City shall act upon all applications submitted by Developer with respect to the Development Site within 30 days of submission. Section 6 . 03 : Rights of Access For the ,purposes of assuring compliance with this Agreement and conducting required inspections of all construction in progress, City shall have the right of access to the site without charge or fees during normal construction hours. VII. SPECIAL PROVISIONS Section 7, 01 : This Agreement and the obligations of the parties shall be effective as of the date of execution, however, the vested rights 28 CAD of Developer shall become effective upon the conveyance of the Development Site by City to Developer. Section 7 . 02 : Term of the Agreement The term of this Agreement shall begin on the effective date and continue for twenty (20) years unless otherwise terminated or modified. Section 7 . 03 : Assignment A Gity is r-elying upen t De elsperr to eperate a sueeessful autemeb}le dealership--aim r 4:9 ice quit-ed epe 'ale the n�r�c Mei-eeae b: , Dealei=shlp an the—BaaelePment Site fer a peried ef t . r ( ) years and agi-ees net—taExcept as otherwise provided herein, Developers shall not sell, transfer or assign all or a portion of Developer' s interest in the Development Site, A�utemebile Dealership, or improvements without the express written consent of City and City shall be entitle', tenot unreasonably withhold its consent, unless the Gity Developer has the same `.t „ and ..bili -. the Autemebi Dealership andthe speeiale atie ship ..it-hpgyeloper shall �r not sell all or a controlling interest in Developer' s Mercedes Benz dealership unless such sale is first approved by Mercedes Benz iel manufaetuicer e f like .,lit and reput-atrien. In the 29 event City appesconsents to any sale of the Development Site from Developer to a successor within twenty (20) years from the date on which Developer commences operation as an Automobile Dealership on the Development Site, City and Developer shall each receive fifty percent (50%) of the net profit on the sale priee. Net profit on the sale shall be defined to mean the sale price less the following costs by Jones: 11. Site development cost including the cost of constructing all on-site and off-site improvements, all costs incurred in conjunction with grading of the Development Site; 2 . Costs incurred in obtaining entitlements; 3 . Costs associated with the acquisition of Parcel B; 4. Development and impact fees, including fair share fees, Transportation Corridor fees and school district impact fees; 5. The amount of the annual assessment paid by the Developer pursuant to Section 5.03 (c) ; 6 . Costs incurred relative to the transfer of the Development Site. 7 . The cost of constructing all subsequent improvements or additions to the Development Site. B. The restrictions on transfer a d assig mrynk and the division of net profit in the event of a transfer shall not apply to any of the following: 1 . Any transfer of all or a portion of the Developer's interest in the Development Site or improvements to any member of the family of Fletcher Jones, Jr. whether by sale, inheritance, 30 • )o gift or otherwise; 2 . Any transfer of all or a portion of the Development Site or any improvement to any firm, corporation, partnership, trust or other entity at least fifty-one percent (51%) of which is owned by Fletcher Jones, Jr. Section 7 . 04 : Annual Review Pursuant to the provisions of state law and the Newport Beach Development Agreement Ordinance, City eha3Imay review Developer' s good faith substantial compliance with this Agreement from time to time but not more frequently than every twelve (12) months during the term. The annual review shall be conducted at a public hearing noticed in accordance with the provisions of the Development Agreement Ordinance. The annual review eha}bmay include a detailed report of compliance of various conditions and mitigation measures. Developer shall be ddeemed to be in compliance with this Agreement unless the Newport Beach City Council determines, based upon substantial evidence presented at tr a public hearing that Developer has not complied with material provisions of this Agreement applicable to the project as of the date of the annual review. City's failure to conduct as annualperiodic reviews of this Agreement shall not constitute or be asserted by the City as a breach by Developer. Developer shall have the right to Judicial review of any adverse decision of the City Council . 31 "13 ov 1 Section 7 . 05: Estoppel Certificate Either party may, at any time, deliver written notice to the other requesting an estoppel certificate stating: A. The Agreement is in full force and effect and is a binding obligation of the parties. B. The Agreement has not been amended or modified either orally or in writing or so amended identifying the amendments. C. No default of performance of the requesting party's obligations under the Agreement exists or, if a default does exist the nature and amount of any default . D. The party receiving a request for an estoppel certificate shall provide a signed certificate to the requesting party within thirty (30) days after receipt of the request. The estoppel certificate shall be in substantially the form as provided in Exhibit L. Section 7.06 : Reversion/Performance A. Documents conveying title to the Development Site shall provide that the Development Site reverts to the City in the event 32 �'1 Developer fails to operate the Automobile Dealership on the site at any time during the term of this Agreement subject to the following: 1. Developer shall have the right to continue the Automobile Dealership with any other vehicle make or model available in the event Developer has been unable to receive and sell enough Mercedes Benz automobiles to successfully support operation of the dealership; and 2 . Developer shall have the right to convert the Development Site to a use other than an automobile dealership provided the use is consistent with the Land Use Element of the Newport Beach General Plan, the Land Use Plan of the local coastal program of the City of Newport Beach, and all applicable zoning ordinances, resolutions, policies and plans and subject further to compliance with the terms and conditions of the Dedication Agreement and the Special Land Use Restrictions attached to the Dedication Agreement as Exhibit D. B . City assumes, and Developer concurs, that Developer will generate a minimum e€ $ mall ie =average annual gross sales of $80, 000, 000 . 00 during the first five (5) years of operation thl h will, in tu:en, generate apj3r•e3Elmetel3 $ —RAllien in sales ta�ERe. Developer shall use its best efforts to generate the estimated annual gross revenue contemplated by the parties . In the 33 Cd event Developer fails to generate $ _`_'_'__=n _naveraae annual gross revenue of $80, 000 , 000 .00 during the first five (5) years of the operation of the dealership, Developer shall reimburse City a portion of its actual costs incurred in performing the tasks identified in Exhibit B in accordance with the following formula. Difference between aetimated gross average annual revenue and actual X dity'a actual coat gross average annual revenue Actual gross average annual revenue Amendment of Agreement This Agreement may be amended from time to time by the written mutual consent of the parties or their successors in interest, but only in the manner provided by the Government Code or the Development Agreement Ordinance. Section 7. 07: Use of Development Site prior to Issuance of Certificate of Occupancy. In the event the Development Site is not completed prior to the expiration of Developer' s lease term at 1301 Quail Street and Developer is, for any reason, unable to occupy the Ouail Street premises on a month to month basis, Developer may utilize temporary facilities to conduct all business operations of the dealership at the Development Site, until the construction of the Development Site is completed, and a Certificate of Occupancy is obtained and City shall approve such occupancy and use. VIIl. 34 06 DEFAULTS, REMEDIES AND TERMINATION Section 8 . 01: The failure by either party to perform any material term or provision of this Agreement shall constitute a default when the failure of performance is not cured thirty (30) days following written notice of default served by the non-defaulting party or if such default cannot with the exercise of due diligence be cured within 30 days when the defaulting party has not commenced to cure such default within 30 days following written notice of default, or has not diligently Proceeded to cure such default . In no event shall any legal action to enforce this Agreement be instituted against the party in default until at least thirty (30) days after notice of default is given. Section 8 . 02 : Any failure or delay by either party in asserting any of its rights or remedies as to any breach or default shall not operate as a waiver of the non-defaulting remedies . Section 8 . 03 : Except as provided in Seetien otherwise Provided herein the parties agree that the only remedyies for a material breach of 35 this Agreement prior to the conveyance of the Development Site from City to Developer shall be an action for specific performance or termination of the Agreement. The parties agree and acknowledge that it would be difficult, if not impossible, to ascertain the amount of damages sustained by the non-breaching party in the event of a breach of either party prior to the on-set of the City's obligation to convey, and Developer' s obligation to accept, the Development Site. The parties also acknowledge and agree that, in such event, the non-defaulting party would not have an adequate remedy at law and, in the—absentee—ef the right 4_ _wt^__ ....,_.i the—een defaulting r ee�ld be deprived awe per€ar-x�ai3ee, �—}�a �-- p eensiderratien for this Agreement. Section 8 . 04 : Termination by Developer Developer shall have the right to terminate this Agreement prior to conveyance of the property in the event that: A. Developer fails to obtain all discretionary project approvals on or before December 31, 1995 subject only to conditions and requirements approved by Developer unless, prior to termination, Developer obtains all discretionary project approvals; or B. City fails to acquire sufficient legal interests to Parcels A, B and C to permit Developer to implement the project 36 2 ;0 prior to December 31, 1995 unless prior to notice of termination, City acquires the requisite interest and tenders title to Developer; or C. Developer or City disapproves the engineering soil or geologic conditions of the Development Site as provided in Section 5 . 01 (D) . D. Developer fails to obtain financing for the cost of the project as provided in 5 .'01 (E) E. Developer gives written notice of termination to City in Developers sole and absolute discretion. Termination shall be effective on thirty (30) days written notice. Section 8 . 05 : Termination by City City may terminate this Agreement in the event that : A. Developer fails to obtain all discretionary project approvals on or before December 31, 1995 unless Developer has obtained all discretionary project approvals prior to the effective date of termination; 37 q (eZ -� B. Developer fails to construct the required improvements in accordance with the construction schedule subject to the provisions of this Agreement relating to force majeure; C. If Developer assigns: this Agreement in contravention of the provisions of Section 7.03; or D. Developer fails to accept an appropriate interest in Parcels ,A, B and C when obligated to do so pursuant to the provisions of Section 5 .02 . Section 8 . 06 : City shall have the additional right, at its option to acquire title to the Development Site and take possession of the Development Site with all app:revemeiat- vements thereon, and subject to any liens, or encumbrances thereon if, after the construction commencement date and prior to the recordation of the Certificate of Completion, Developer, unless due to force majeure.: A. Fails to commence construction of the improvements as required by this Agreement for a period of three (3) consecutive months after written notice from the City; or B. Without good cause, abandons or substantially suspends construction of the improvements for a period of three (3) 38 10d(���' YI consecutive months after written notice from City to commence construction; or C. Developer fails to operate a Mercedes Benz automobile dealership on the Development Site at any time during the term of this Agreement provided, however, City may not terminate this Agreement if Developer has been unable to receive and sell enough automobiles to successfully support operation of the dealership in which event Developer shall have the right to continue the automobile dealership with any other vehicle line available and provided, further, Developer shall have the right to convert the property to other uses subject to the terms and conditions of the Dedication Agreement . ARTICLE IX. GENERAL PROVISIONS Section 9 . 1 : Notices, Demands and Communications Between the Parties All notices, consents and approvals required or permitted under this Agreement must be in writing and shall be sent by registered or certified mail, postage prepaid, return receipt requested, to the City or the Developer at the addresses set forth below or hand delivered at such addresses. City: City of Newport Beach 3300 Newport Boulevard 39 101 P.O. Box 1768 Newport Beach, CA 92659-1768 Attn: City Manager Developer: Fletcher Jones Motorcars 1301 Quail Street Newport Beach, CA 92660 Attn: Fletcher Jones, Jr. Fletcher Jones Management Group 175 E. Reno, C-6 Las Vegas, NV 89109 Attn: Fletcher Jones, Jr. Such written notices, consents and approvals may be sent in the same manner to such other addresses as either party may from time to time designate by mail. Notices, consents and approvals shall not be effective until five (5) days after mailing. Section &9 .2 : Conflicts of Interest No member, official or employee of the City shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official or employee participate in any decision relating to this Agreement which affects their personal interests or the interests of any corporation, partnership or association in which they are directly or indirectly interested. The Developer warrants that it has not paid or given, and will not pay or give, any third person, any money or other consideration for obtaining this Agreement. Section &9.3 : Nonliability of City, Officials, Employees, Officers and Directors 40 rO� 1 �i'i i No member, official or employee of the City shall be personally liable to the Developer, in the event of any default or breach by the Agency, for any amount which may become due to the Developer or on any obligations under the, terms of this Agreement. Section &9 .4 : Inspection of Books and Records The City has the right, upon not less than seventy-two (72) hours, notice and at reasonable times, to inspect the books and records of the Developer pertaining to the Development Site and the Project as pertinent to the purposes of this Agreement. The Developer also has the right, upon not less than seventy-two (72) hours, notice and at reasonable times, to inspect the books and records of the Agency pertaining to the Development Site and the Project pertinent to the purposes of this Agreement . Section &9 . 5 : Execution in Counterparts This Agreement may be executed in several counterparts, each of which shall be an original, and all of which shall constitute but one and the same instrument. Section &9 . 6 : Effect of Prior Negotiations and Agreements This Agreement constitutes the sole and exclusive agreement between the parties, and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the subject matter of this Agreement . 41 10 (7 * " Section $9 .7: Waivers and Amendments All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of the City and the Developer. All amendments to this Agreement must be in writing and signed by the appropriate authorities of the Agency and the Developer. Section 49.8: Severability In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. Section &9 . 9 : Governing Law This Agreement shall be construed and governed in accordance with the laws of the State of California. Section 49 .10: Time of the Essence City and Developer expressly agree and acknowledge that time is of the essence in the performance of this Agreement . Section 49 .11: Validity This Agreement shall be of no force or effect and shall not bind the Agency to any of its terms unless and until it has been approved by the City Council of the City of Newport Beach. 42 /'W �.• nip IT WITNESS WHEREOF, this DISPOSITION AND DEVELOPMENT AGREEMENT has been executed by the partied hereto by their respective officers all as of the date hereinabove written. DEVELOPER CITY OF NEWPORT BEACH Mayor John Hedges ch\agreemt\DisPDev3.agt 8-2-95 43 E7{HIBIT`B" FINDINGS FOR DENIAL USE PERMIT NO. 3565 Findin s: 1. That the proposed development is inconsistent with the Land Use Element of the General, Plan and CIOSA Agreement. 2. That the proposed development will adversely impact future public facilities,particularly, a potential fire station and a potential Park and Ride facility. 3. That the approval of Use Permit No. 3565 will,under the circumstances of this particular case,be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. pq I �l • • FILE CrOpy DO t)rT REMOVE j CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT (Pursuant to Government Code Sections 65864-65869.5) 1 (��1 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 330 Newport Boulevard Newport Beach, California 92663-3884 ' CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT (Pursuant to Government Code Sections '65864-65869.5) This CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT (the "Agreement") is entered into this day of , 1993, by and between the City of Newport Beach, California, a municipal corporation and charter city ("City") and The Irvine Company, a Michigan corporation, ("Company!') . City and Company are sometimes collectively referred to herein as the "Parties. " RECITALS A. Company is the owner of those parcels of real property (collectively, the "Property") described on Exhibit "A" and depicted on Exhibit "B." Aside from in-fill sites, the Property represents virtually all of Company's remaining undeveloped real property in the city limits of City as of the date of this Agreement. B. In 1987, the City Council of Newport Beach initiated amendments to the Land Use and Circulation elements to determine desired levels of growth and the amount of growth that could be accommodated by the circulation system at build out. This comprehensive update of the General Plan began with an evaluation of the type and density of growth permitted on each parcel within the City and included a thorough analysis of the circulation system improvements necessary to accommodate additional traffic at service levels acceptable to the City Council. This process culminated in 1988 amendments to the Land Use and Circulation element which greatly reduced permitted growth while recognizing the need for some development to assist in funding needed circulation system improvements. The General Plan recognizes the importance of "phasing circulation system improvements with development" and to "construct aid in advance" those "major circulation improvements which may be required of more than one developer. . . ." C. According to the Land Use Element of the General Plan, the Property represents less than 23% of all future residential growth, less than 8t of all future commercial growth, and less than lot of the additional traffic projected from all permitted growth. Given current state and federal budget deficits, and depletion of local ' sources of revenue, the accumulation of funds necessary to complete all required master plan circulation improvements may take 20 years kr\c1rcop15.a9t 1 or more and many of those improvements are needed today. D. This Agreement implements General Plan policies and goals by enabling City to fund and complete circulation system improvements prior to the construction of projects and much more rapidly than could be accomplished by current City ordinances through the following: 1. Company's prepayment of the fees required by Chapter 15. 38 of the Newport Beach Municipal Code, or successor ordinance, for all development permitted on the Property prior to the commencement of any individual project; 2. Company's commitment to construct, or assist in the construction of, circulation system improvements adjacent to individual parcels concurrent with development of the adjacent parcel; and 3 . Company's no interest loan to City for the construction of circulation system improvements with repayment based solely upon contributions from other developers. Company's agreement to prepay fees, construct frontage improvements and advance funds represents a financial commitment in excess of 20 million dollars. E. The Agreement also requires the preservation or dedication of land for park and open space purposes to a greater extent, and much more rapidly, than required by the City's park dedication ordinance or the Recreation and Open Space Element. The open space and public facility land dedications required by this Agreement represent at least seventy-two (72) acres more land than would be required under the current General Plan, and Park Dedication Ordinance so Newport Beach residents will be able to enjoy the open space years before the land would otherwise be available for public use. F. This Agreement is consistent with provisions of state law (Government Code Section 65864 et seq. ) and local law (Chapter 15.45) which authorize binding agreements that: (i) encourage investment in, and commitment to, comprehensive planning and public facilities financing; (ii) strengthen the public planning process and encourage private implementation of the local general plan; (iii) provide certainty in the approval of projects in order to avoid waste of time and resources; and (vi) reduce the economic costs of development by providing assurance to the property owners that it may proceed with its projects in accordance with existing policies, rules, and regulations. G. This Agreement satisfies the provisions of Chapter 15.40 of the Newport Beach Municipal Code in that it constitutes a comprehensive phased land use development and circulation system improvement plan with construction of all phases not anticipated to be complete within sixty (60) months of project approval, the kr\ctrcopi5.a9t 2 project is subject to an agreement which requires the construction of major improvements early in the development phasing program and development anticipated, to be complete within sixty (60) months of project approval will not cause or make worse an unsatisfactory level of traffic service at any intersection for which there is a feasible identified improvement. Moreover, the plan results in an overall benefit to traffic circulation and will result in an overall reduction in intersection capacity utilization at impacted intersections. H. The City Council finds that this Agreement is: (i) consistent with City's General Plan and all applicable specific plans as of the date of this Agreement; (ii) in the best interests of the health, safety, and general welfare of City, its residents, and the public; (iii) entered into pursuant to, and constitutes a present exercise of, City's police power; and (iv) consistent, and has been approved in accordance, with provisions of Government Code Section 65867 and Chapter 15.45 of the Newport Beach Municipal Code. AGREEMENT Now, THEREFORE, City and Company agree as follows: 1. Definitions. i. . i "Advance" shall mean that sum described in paragraph 2.4 below. 1. .2 "Agreement Date" is the date on which this Agreement was executed, as first set forth above. 1. .3 "CEOA" is the California Environmental Quality 'Act, Public Resources Code Section 21000, et seq. 1. .4 "City Council" is the City Council of City. 1. .5 "Development Concept" means the number of dwelling units, product type (such as single family detached versus single family attached) , lot size, or floor area in the case of residential projects and the developable area or permitted gross floor area in the case of retail and office development. 1. . 6 "Effective Date" shall be the first date on which all of the following have occurred: (1) the California Coastal Commission has given final approval to this Agreement, (2) the time for filing a legal challenge to the approval of this Agreement, the environmental or planning documents related to this Agreement, or the process or procedures preliminary to approval by the City or California Coastal Commission has expired under all applicable statutes of limitation without a kr\dreop15.agt 3 I l lawsuit being filed, or if such a lawsuit is filed, a final judgment upholding this Agreement, related documents or the approval process has been entered, and (3) City has issued a grading permit or building permit for development on the Property other than (a) development on the southerly portion of Freeway Reservation East, (b) a low and/or very low senior citizen housing development on Bayview Landing, (c) a senior citizen housing development in Block 800, and (d) the Newporter Resort expansion. In the event that the Effective Date has not occurred on or before the fifth anniversary date of the City's execution of this Agreement, this Agreement may be terminated upon written notice from either party. 1. .7 "Fair share Fees" shall mean those fees assessable by City pursuant to Chapter 15.38 of the Newport Beach Municipal Code, or successor ordinance. 1. .8 "Frontage improvements" consist of those circulation improvements listed in Exhibit "C" as to each respective parcel of the Property and shall include all work necessary to bring the street to Master Plan Standards including, without limitation, pavement, curb, gutter, sidewalk and medians. Frontage Improvements also include dedication of all right of way necessary to construct the street to Master Plan Standards. If the street to be improved is along the boundary of a parcel, the Frontage Improvements include all work necessary to improve the street to Master Plan Standards between the property line (after dedication) and the center line of the street. If the street to be improved runs through a parcel, Frontage Improvements include all work necessary to improve the street to Master Plan Standards. 1. . 9 "Master Plan standards" shall mean those provisions of the Newport Beach Circulation Element, State law, County or City ordinance, resolution or regulation, Public Works Department specification or standard, or construction documents that govern the design or improvement of the Frontage Improvements listed in Exhibit "C. " The Master Plan standards shall be those in effect as of the Effective Date of this Agreement. In the event of a change to the Master Plan standards subsequent to the Effective Date, City may request dedication, without cost to the City, of any additional right of way necessary to complete the circulation system improvement to then current Master Plan standards, and Company shall dedicate the additional right of way unless to do so would require a significant change in the Development Concept specified in the relevant PC Text for the adjacent parcel. 1. . 10 "PC Text" shall mean the planned community development text specifying the type and intensity or density of development permitted on each parcel of property covered by this Agreement, as shown in Exhibit "H" . kr\dreop15.a9t 4 1 Lla 1 1. .11 "Party" means either City or Company or both, as determined by the context. 1. .12 O'Pro ect" consists of on-site and off-site improvements Company is required to construct with respect to each parcel of the Property as provided in this Agreement or as authorized by the entitlement provisions of the relevant PC Text (Exhibit IIHi') and in Exhibits 'tC" and I'D,." as well as the improvements to MacArthur Boulevard described in Section 2.3, as further defined, enhanced or modified by provisions of this Agreement or related environmental documentation. The term Project does not consist of any improvement shown on any PC Text for a parcel Company is required to dedicate to City for open space and public facility purposes. 1. .13 "Property" is the real property on which the Project is, or will be, located as described on Exhibit "A" and depicted on Exhibit 'iB." 2. Circulation Improvement Funding, company shall assist in the funding of circulation system improvements in City as follows: 2. .1 Fair Share Fees. Within ten (10) days following the Effective Date, Company shall prepay to City all Fair Share Fees that Company would be required to pay as a condition to development of the Project consistent with the type and intensity and/or density of development for the Property specified in the PC Texts. In the event Company proceeds with development on any parcel of the Property identified as exceptions in Section 1. .6 prior to the Effective Date, Company shall be required to pay to City the Fair Share Fees for that development prior to the Effective Date With the fees paid to be credited against Company's obligation pursuant to this Section. 2. .2 Frontage Improvements. A. Completion/Bonding. Company shall complete, or provide acceptable security for completion of, Frontage Improvements at or prior to recordation of the final subdivision map for any respective parcel of Property listed on Exhibit 11c.1t Company shall complete Frontage, Improvements prior to the issuance of a Certificate of Occupancy if no subdivision map is processed preliminary, to construction on any parcel. The cost of Frontage Improvements as specified in Exhibit "CIO is approximate, has been included for purposes of calculating the amount of the Advance, and Company's obligations with respect to Frontage Improvements shall not be affected if the actual cost of one or more of the improvements is greater than that estimated in this Agreement. kr\c1rcop15.a9t 5, �/ B. Dedication. The dedication of necessary right of way for the Frontage Improvements shall be made when company constructs Frontage Improvements or when City requests dedication in contemplation of a construction project involving the Frontage Improvements and for which funding has been identified and approved by any Federal, State or local agency from which funding was requested. In the case of a State highway, dedication shall be made to the State and in sufficient time to meet State standards for right of way certification prior to advertising for bids to construct the project. Company shall dedicate right of way without charge or expense to City or the State in consideration of the development entitlement conferred by this Agreement and the relevant PC Text. The value of land required to be dedicated shall not be considered in the calculation of the cost of Frontage Improvements nor the amount of the Advance. Prior to the Effective Date, Company shall consider in good faith, and has indicated a general willingness to. but is not required, to approve, City requests for dedication of right of way in excess of that required under the Agreement when necessary to make Frontage Improvements when City has obtained commitments from Federal, State or local sources to fund a portion of the costs of such improvement. C. Acceleration of MacArthur Boulevard Right of Way Dedication. Company shall within thirty (30) days after a written notice to dedicate is served as provided in Section 17, dedicate the right of way along the west side of MacArthur Boulevard between Pacific Coast Highway and San Joaquin Hills Road necessary to widen and relocate the roadway to Master Plan standards. Company's obligation to dedicate right of way pursuant to this Subsection shall commence eighteen (18) months after the Agreement Date. 2 . .3 MacArthur Boulevard Improvements Northerly of Ford Road. Commencing no later than ten (10) days after the Effective Date, Company shall use its best efforts to obtain all necessary permits for, commence construction of, and diligently pursue to completion, the widening of MacArthur Boulevard between Ford Road and the location of the proposed preferred alignment for the future San Joaquin Hills Transportation Corridor, such that there are a minimum of six travel lanes and a minimum of three northbound travel lanes. Company shall not be required to expend more than five hundred thousand dollars ($500, 000.00) indirect project-related costs to comply with its obligation to widen MacArthur Boulevard as provided in this Subsection. kr\circop15.agt 6 2. .4 Company Advance. Subject to the provisions of Section 3 . .4, Company shall, on or before the Effective Date, make available to City .a sum of money which City may use for circulation system improvements or projects necessary' to complete the City's Master Plan of arterial highways as specified in the Circulation Element to the Newport Beach General Plan. This advance shall be calculated and utilized in accordance with the following: A. Amount of Advance. The Advance shall be $20, 600,000.00 less $418061000. 00 (the 'estimated total cost of the Frontage Improvements as described in Exhibit ItC11, but not necessarily the actual cost) and less the amount of Fair Share Fees for the Property as determined on the Agreement date) . B. Adjustments. The Advance shall be adjusted by the percentage increase or decrease in the California Highway Construction Items (11C9CI") Index (or the most similar index in the event the CHCI Index is no longer published) between the Agreement Date and the Effective Date. C. Use of Advance. City shall use the Advance only to fund improvements that are consistent with the Circulation Element and satisfy at least one of the following criteria: 1. Insure that no unsatisfactory level of traffic service is caused, or made worse, at any intersection impacted by the project for which there is a feasible identified improvement; 2. Contribute to the overall reduction in intersection capacity utilization at intersections impacted by traffic generated by development authorized by this Agreement, taking into account peak hour traffic volumes; and 3 . Represent improvements which have been considered by the City Council in finding that the benefits to traffic circulation resulting from this Agreement substantially outweigh any increase in traffic congestion at impacted, but unimproved, intersections. City shall have the right to substitute circulation improvements for those identified in the traffic study prepared in conjunction with EIR 148 and/or imposed as mitigation measures by the City Council, provided, the substitute improvements reduce traffic to the same, or greater, degree as those originally proposed and satisfy one or more of the criteria specified above. 1�6 kr\circopiS.ayt 7 3. Terms and Conditions of the Advance. The Advance shall be subject to the following terms and conditions: 3. .1 Interest. City shall pay no interest on the Advance or any City draw on the Advance; 3. .2 Limitation. City shall draw down the Advance only for the reasonable costs and expenses associated with the construction of circulation improvements including, without limitation, design, right of way acquisition, engineering, environmental analysis, contract administration, and construction. City may not draw upon the Advance for arbitrage or similar purposes. 3. .3 Timing of Draws. City and Company shall each act in good faith with respect to the timing of draws against the Advance. City and Company shall establish procedures for effecting draws against the Advance which insure prompt payment of contractors, consultants and suppliers and minimize the administrative and accounting burden on City, while avoiding any significant reduction in the interest Company would receive. 3. .4 Accelerated Draws A4ainst the Advance. City shall, prior to the Effective Date, use its best efforts to obtain funding for roadway improvements from Federal, State and local sources. City is focusing its efforts on funding for the improvement of MacArthur Boulevard between Pacific Coast Highway and San Joaquin Hills Road to Master Plan standards. (MacArthur Phase I) . The parties acknowledge that it is unlikely City will receive funding for MacArthur Phase I from Federal, State or County sources unless City is willing and financially able to commit matching funds. In such event, City may, no sooner than two (2) years after the Agreement Date, submit a written request for Company's consent to draw against the Advance prior to the Effective Date. Company shall consider in good faith, and while not legally obligated to do so has indicated a general willingness to approve, requests from City for draws against the Advance prior to the Effective Date if necessary to secure matching funds from Federal, State, County or private sources that represent a substantial portion of the cost of constructing MacArthur Phase I or other circulation improvements identified in 2. .4 (C) . ' 3. .5 Use Of Advance. City shall, to the maximum extent practical, continue to pursue and use any and all private, county, state and/or federal sources of funds for circulation system improvements as and to the extent available. 3 . .6 Reduction Of Advance By Draws. As draws are made against the Advance, the total remaining balance of the Advance shall be permanently reduced by the amount of the draw; and //7 kr\circop15.a9t 8 VCR 3. .7 Repayment Of Advance. City shall repay the Advance as follows: (a) From and continuously following the city's first draw on the Advance, City shall, to the extent permitted by law, collect Fair Share Fees (or their equivalent) from the owners of properties within City (other than the Property) . City shall pay to Company Fifty percent (50%) of- all such fees collected to repay any unreimbursed draw against the Advance until City's repayment obligations expire as provided in Subsection (d) ; (b) City shall periodically recalculate the amount of Fair Share Fees as specified in the relevant ordinance; (c) City shall to the extent permitted by statutory or decisional law amend its Fair Share Ordinance, or take such other action as may be appropriate, to create an obligation on the part of other property owners to reimburse the City and Company for circulation improvements funded, in whole or in part, through draws on the Advance. However, the parties acknowledge that the state of law with respect to development or impact fees is uncertain and there is no guaranty that the City will be able legally to require fees from property owners to pay Fair Share Fees for already constructed improvements or to reimburse Company all or a portion of the Advance. (d) City's repayment obligations on the Advance shall expire twenty (20) years from the Effective Date. 3. .8 Availability. The Advance shall continue to remain available for a period of twenty (20) years from the Effective Date, notwithstanding the completion of all permitted development on the Property. 4. Limitation on Further Obligations. 4. .1 Financial Obligations. The financial obligations which Company' has agreed to undertake pursuant to this Agreement satisfy and are in lieu of any and all financial obligations City could impose on Company for circulation improvements, are necessary to complete the Master Plan of Arterial Highways (exclusive, however, of participation in the funding for construction of the San Joaquin Hills Transportation Corridor) with respect to the Property, and fully and irrevocably satisfy the obligations of City's Traffic Phasing Ordinance, the Fair Share Traffic Contribution Ordinance and all similar and/or successor ordinances or requirements. City shall require no reservation or dedication of land or payment of kr\circopls.a9t 9 fees for park and open space purposes with respect to the Property, or any circulation improvement necessary to complete the City's Master Plan of streets and highways, except as expressly provided in this Agreement. 4. .2 Dedication. Company shall, however, dedicate additional right of way that may be required by amendments to the Circulation Element, mitigation measures identified in any environmental document related to the property, or problems identified in the preparation of construction documents, unless to do so would require a significant change in the Development Concept specified for the parcel pursuant to the applicable PC Text. 5. Open Space and Public Facility Dedications. 5. . 1 Company shall dedicate to City the area shown as open space/public facilities on the Planned Community Development text for each parcel with the exception of certain lands on the San Diego Creek North Site that may be necessary for implementation of the San Joaquin Hills Transportation Corridor which should be offered for dedication directly to the Transportation Corridor Agency, with the exception of certain lands on the San Diego Creek north site that may be necessary for implementation of the San Joaquin Hills Transportation Corridor which should be offered for dedication directly to the Transportation Corridor Agency. The amount and general location of land to be dedicated is specified in each P C Text. All parcels shall be offered for dedication to the City in fee simple, subject only to the conditions and restrictions specified in Exhibit "F" and the conditions or restrictions other than the limitations on use specified in the P C Text. The parcels shall be dedicated in accordance with the schedule specified in Exhibit "E. " The dedication shall be accepted by City within a reasonable period of time (not to exceed ninety (90) days) following Company's offer of dedication, provided, however, any parcel adjacent to or in close proximity to a proposed future highway or tollway to be funded in whole or in part with federal funds shall not be accepted by City until construction of the highway or tollway has commenced, or Company has elected to waive this restriction, whichever first occurs. City shall have the right to transfer some or all of the dedicated property to any public entity, non-profit corporation, unincorporated association or other organization so long as the transfer is conditioned upon use of the property in accordance with the limitations specified ' in the Planned Community Development Text (or more stringent restrictions) and the transfer is subject to the conditions and restrictions described in Exhibit "F. " Notwithstanding the provisions of this Section and the special covenants and restrictions specified in Exhibit "F", City and Company may agree to use up to four (4) of the dedicated parcels for the purpose of constructing low and/or very low income senior housing. kr\circop15.agt 10 X� 5. .2 Company acknowledges that the dedication of the property required by this Agreement is in consideration of the development rights specified in this Agreement and Planned Community Development Text, and represents measures adopted by the City Council to mitigate environmental impacts. Company also acknowledges that it has received full value for the property to be dedicated in the form of vested entitlement on the various parcels on which development is permitted. City and company agree that the grant of entitlement in exchange for dedication satisfies those provisions of the state and federal constitution that require compensation for any taking of private property. 5. .3 On September 11, 1985, City and Company entered into the Dedication and Park .Agreement for the Mouth of Big Canyon (Park Credit Agreement) . Pursuant to the Park Credit Agreement, Company dedicated approximately 39.5 acres of property commonly known as the Mouth of Big Canyon' to City for open space and park purposes. In consideration of this dedication, City granted Company 5 acres of park credit to be applied to dedications that would be required as conditions to the development on certain parcels known as the 'Credit Subdivisions. ' Some park credit has been applied to offset dedications otherwise required of development on PCH frontage (Villa Point Apartments) , Big Canyon Area 10, and Big Canyon Area 16. The property covered by this Agreement represents substantially all of the parcels to which the remaining credit could be applied. Company acknowledges that the provisions of this Agreement do not constitute any breach or violation of City's duties pursuant to the Park Credit Agreement. Company waives and gives up any right to compensation for any park dedication credit it would be entitled to apply to the Property pursuant to the Park Credit Agreement, and also waives any right to rescind, in whole or part, its dedication of the Mouth of Big Canyon to City by virtue of its inability to apply park dedication credit to the Property covered by this Agreement. City acknowledges that the remaining, park dedication credit may be applied to the development or re- development of parcels or property not covered by this Agreement. 5. .4 City acknowledges the Company's right to sell any or all of the parcels subject to this Agreement, to third parties, including non-profit third parties which may wish to purchase certain parcels for the purpose of preserving same for open space uses.• City agrees to cooperate with Company and said third parties, to the extent permitted by law, to effectuate such transactions and agrees to utilize its offices in good faith to accommodate the interests of the general public, the Company and third parties. kr\circop15.a9t � 1� • 6. Development of the Property. 6. . 1 Project. The permitted uses and the density or intensity of development of the Property, the maximum height and size of proposed buildings, shall be as shown and identified for each parcel of the Property on the relevant PC Text. City shall not prevent development of the Property for the uses and to the density or intensity of development set forth in Planned Community Development text. In addition, Company and City will adhere, to the extent feasible, to the processing schedule provided in Exhibit "G." 6. .2 Effect of Agreement on Applications for Land Use Approvals. In connection with any approval which City is required, permitted or has the right to give relating to the Project, or otherwise under its ordinances, resolutions and codes, City shall not impose any condition or restriction that prevents Company from developing the Property with the uses and to the maximum densities and intensities permitted by the PC Texts. Subject to review for completeness, City shall accept for processing and shall timely review and act on all applications for further land use entitlement approvals with respect to the Project called for or required under this Agreement. Company may apply to the City for permits or approvals necessary to modify or amend the development specified in the PC Texts provided the request does not propose an increase in the maximum densities or intensities, any increase in the maximum height and size of proposed structures, nor propose a change in use that generates more peak hour traffic or more daily traffic. Further, the building locations shall not be significantly altered from those shown on the PC Text. 6. .3 Mello-Roos Community Facilities District. Pursuant to Chapter 2 . 5 (commencing with Section 53312) Part I, Division 2, Title 5 of the Government Code of the State of California, commonly known as the "Mello-Roos Community Facilities Act of 1982, " Company may petition City Council to establish one or more community facilities districts including some or all of the Property for the purpose of financing Company's obligations under this Agreement. City shall have the sole discretion to determine whether to establish such a district, the improvements to be financed, and the method of financing such improvements. 6. .4 Future Discretionary Reviews. City shall retain its discretionary powers in reviewing applications for project- related development approvals submitted before the Effective Date, provided that those powers will be applied in a manner that is consistent with this Agreement and will not prevent Company from development of the Project with the land uses, and to the densities or intensities, permitted by this Agreement. Except as provided herein, future discretionary kr\c1rcop15.agt 12 approvals, including but not limited to rezoning, tentative and parcel map approvals, plot plans and plan development approvals shall be consistent with this Agreement r S g ent and the relevant P C Text. Nothing in this Agreement shall prevent City from imposing measures to mitigate significant effects identified in any environmental document prepared for development of the Project provided; (a) The measure is not in conflict with the park and open space or circulation system improvement provisions of this Agreement; (b) The measure does not conflict with the provisions of Section 4 of the Agreement; and c In the event the e( ) measure relates to the sighting of development to avoid a significant p g s.ficant effect (as defined in CE A and renders the project Q ) , p � ct infeasible, Company shall be entitled to terminate this Agreement pursuant to Section 7.3 . City shall retain full discretion to impose standard conditions generally applicable to subdivision or parcel maps, exclusive of park or open space dedications, improvements ts required to complete the circulation element or comply with any Congestion Management Program or Growth Management Plan requirements, Fair Share Fees, or Traffic Phasing Ordinance improvements. The Traffic study prepared in conjunction with this Agreement full satisfies the provisions Y p ns of the Traffic Phasing Ordinance for all development authorized p rued by this Agreement, and no Traffic Study shall be required in conjunction with any application for approvals or permits necessary to construct development authorized by this Agreement so long as the application is consistent with the provisions of this Agreement and the relevant PC Text. The City also retains full discretion to impose conditions pursuant to the site plan review w i provisions set forth p n Section 20.01.070 of the e N wport Beach Municipal Code. Further, the City ity of Newport or the California Coastal Commission retain discretion in the review and approval of Coastal Development Permits as set forth in the Addendum to this agreement attached as Exhibit "I. " 6. .5 No Conflicting Enactments. Cityshall not apply pp y to the Project any ordinance, policy, rule, regulation or other , measure enacted or effective after the Agreement Date which is in conflict with this Agreement. This Section shall not restrict City's ability to enact an ordinance, policy, rule, regulation or other measure applicable to the Project pursuant to California Government Code Section 65866 in accordance with the procedures specified in Section 7 . No moratorium or other limitation (whether relating to the rate, timing or sequencing of the development or construction of all or any part of the Project and whether enacted by initiative or otherwise), , kr\c1rcop15.agt 13 ( �� affecting subdivision maps, building permits, occupancy certificates or other entitlement to use approved, issued or granted within City, or portions of City, shall apply to the Project. 6. . 6 Benefits to Company. Company has expended and will continue to expend substantial amounts of time and money on the planning and infrastructure construction of the Project. Company represents and City acknowledges that Company would not make such expenditures without this Agreement and such expenditures will be made in reliance upon this Agreement. The benefit to Company under this Agreement consists of the assurance that Company will preserve the right to develop the Property as planned. City acknowledges that Company will be investing money and planning effort in the Project in reliance on City°s covenants and representations in this Agreement and City agrees that Company may reasonably and justifiably rely on City's covenants and representations in this Agreement and on the enforceability of this Agreement, except as to the power of the City to collect - fees to repay Company as specified in subsection 3. 6. 6. .7 Notwithstanding any other provision of the Agreement, the project shall include mitigation measures adopted by the city Council in conjunction with the approval of this Agreement and the certification of the Environmental Impact Report and which are to be satisfied, performed or implemented by Company. Company shall perform, satisfy or implement all mitigation measures for which it is responsible at its own cost and expense. Company expressly waives any rights it may have regarding limitations on the cost or expense of mitigating impacts on -archeological or paleontological resources pursuant to Section 21083 .2 of the Public Resources Code as to any portion of the Property not dedicated to the City for open space or public facilities. 7. Rules. Regulations and Official Policies. 7 . .1 New Rules. This Agreement shall not prevent City from applying to the Project the following rules, regulations and policies (collectively "Regulations") adopted or effective after the Agreement Date, provided that the same are adopted and applied City-wide: (a) Procedural Regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and. any other matter of procedure; (b) Regulations which are not in conflict with this Agreement; or (c) Regulations which are in conflict with this kr%circop15.agt 14 Agreement, if such Regulations have been consented to in writing by Company. 7. .2 Taxes. Assessments and Fees. Except as limited by Section 4 of this Agreement, City may impose such taxes, assessments and fees adopted or effective after the Agreement Date, including but not limited to business license taxes or franchise fees, on the Project as are imposed on a City-wide basis. 7. .3 New Laws, Rules, or Regulations. This Section shall apply in the event either party believes that any county, state, or federal law, rule, regulation or plan enacted or applied after the Agreement Date prevents or precludes compliance with one or more provisions of this Agreement (conflicting rule)'. (a) Notice and Cobies: Either party shall provide the other Party with: (1) written notice of the existence of the conflicting rule; (2) a copy of the conflicting rule; and (3) the reasons why the conflicting rule would preclude or prevent compliance by that party with one or more provisions of this Agreement and any proposed modification to the Agreement necessary to comply with the conflicting rule; (b) Modification Conference: The Parties shall, within thirty (30) days of the notice required in Section 6.3 (a) , meet and confer in good faith in a reasonable attempt to agree on the effect of the conflicting rule and proposed modifications of this Agreement to conform with the conflicting rule; and, (a) Council Hearings: Regardless of whether the Parties reach any tentative agreement on the matters involved in the modification conference required by Section 6.3 (b) above, the matter shall be scheduled for a public hearing before City Council. City shall give at least thirty (30) days' public notice of such hearing, pursuant to Government Code Section 65867. City Council, at such hearing, shall determine the, exact modification or suspension which it believes is necessary to conform, the Agreement to the conflicting rule. Company, at the hearing, shall have the right to offer oral and written testimony. Any proposed modification shall be taken by the affirmative vote of not less than a majority of City Council. within thirty (30) days thereafter, Company shall either elect, in writing delivered to City, to accept the modification; or terminate this Agreement. 8. Utility Canacity. City shall use its best efforts to plan for, and provide (to the extent provided by City to other developments) , sufficient water and local sewer capacity or service kr%circop15.agt 15 ��� to serve all development of the Property authorized by this Agreement. City shall require no greater reduction in utility service to any parcel of the Property than is required by the general provider of the service. In the event City declares an utility moratorium, the individual parcels of the Property shall have priority for utility service over other developments when service becomes available. Nothing in this Agreement limits City's ability to impose reasonable conditions on future discretionary approvals which require Company to install utility lines and appurtenances servicing the Property. 9 . Project as a Private Undertaking. The development of the Project is a private development, that neither Party is acting as the agent of the other in any respect hereunder, and that each Party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between City and Company is that of a government entity regulating the development of private property by the owner of such property. 10. Term. The term of this Agreement shall continue until all permits required for occupancy and operation of the Project as contemplated by the Project have been issued, and the City has drawn and repaid all of the Advance, provided that in no event shall such term exceed twenty (20) years as measured from the Effective Date. Pursuant to Section 66452. 6 (a) of the California Subdivision Map Act, any tentative Subdivision Map approved for the Property, whether designated a "vesting tentative map" or otherwise, may be extended by City to the date on which this Agreement terminates. 11. Amendment or Cancellation of Agreement. Other than modifications of this Agreement pursuant to Section 7.3, this Agreement may be amended or canceled in whole or in part only by mutual written and executed consent of the Parties in compliance with Government Code Section 65868. 12 . Enforcement. Unless amended or canceled as provided in Section 12, or modified or suspended pursuant to Government Code Section 65869.5, this Agreement is enforceable by either Party notwithstanding any change in any applicable general or specific plan, zoning, subdivision or building regulation or other applicable ordinance or regulation adopted by City (including by the voters of City) which purports to apply to any or all of the Property. 13. Periodic Review of Compliance. City and Company shall review this Agreement at 'least once every twelve (12) months from the kr\d rcopl5.agt 16 Effective Date in accordance with Sections 65865 and 65865. 1 of the California Government Code. At such reviews, Company shall demonstrate its good faith compliance with this Agreement. Company agrees to furnish such evidence of good faith compliance as City, in the reasonable exercise of its discretion and after reasonable notice to Company, may require. Company shall be deemed to be in good faith compliance with this Agreement if City is not entitled pursuant to Section 14 .1 to terminate this Agreement. 14. Events of Default. 14 . .1 Default by Company. Pursuant to California Government Code Section 65865.1. if' City determines following a noticed public hearing and on the basis of substantial evidence that Company has not complied in good faith with Company's obligations pursuant to this Agreement, City shall, by written notice to Company, specify the manner in which Company has failed to so comply and state the steps Company must take to bring itself into compliance. If, within thirty (30) days after receipt of the written notice from City specifying the manner in which Company has failed to so comply, Company does not commence all steps reasonably necessary to bring itself into compliance as required and thereafter diligently pursue such steps to completion, then Company shall be deemed to be in default under the terms of this Agreement and City may (a) seek a modification of this Agreement, (b) terminate this Agreement, or (c) seek any other available remedies, as provided in Section 14.3 . 14. .2 Default by City. If City has not complied with any of its obligations and limitations under this Agreement,, Company shall, by written notice to City, specify the manner in which City has failed to so comply and state the steps necessary for City to bring 'itself into compliance. If, within thirty (30) days after receipt of the written notice from Company specifying the manner in which City has failed to so comply,- City does not bring itself into compliance, then City shall be deemed to be in default under the terms of this Agreement and Company may (a) seek a modification of this Agreement, (b) terminate this Agreement, or (c) seek any other available remedy as provided in Section 14.3. � Except as provided below, if City adopts or enforces any moratorium, de facto or de jure, or other similar limitation (whether relating to the rate, timing or sequencing of the development or construction of all or any part of the Project and whether enacted by •initiative or otherwise) affecting the processing or approval of subdivision maps, building permits, occupancy certificates or other entitlement to use which is applied to the Project, then ,Company may immediately seek a modification of this Agreement, terminate this Agreement, or seek any other available remedy, as provided in Section 14.3. City shall not be in default pursuant to this Section if: (a) it adopts a temporary citywide moratorium on development due to its r' kr\circop15.a9t 17 a inability to supply sufficient water to then current customers as necessary to maintain minimum levels of health, safety and sanitation; or (b) it is required to enforce a moratorium because of a law, rule, regulation or plan identified in Section 7.3 ; (c) the enactment of the moratorium or other limitation is the result of a court order. 14. .3 Specific Performance Remedy. Due to the size, nature and scope of the Project, and due to the fact that it may not be practical or possible to restore the Property to its natural condition once implementation of this Agreement has begun, the Parties acknowledge that, except as provided in Section 14.4, money damages and remedies at law generally are inadequate and that specific performance is appropriate for the enforcement of this Agreement. Except as provided in Section 14. 4, the remedy of specific performance or, in the alternative, a writ . of mandate, shall be the sole and exclusive legal remedy available to either party in the event of the default, or alleged default, by the other. 14. .4 Repayment of Advance upon Termination. A. Amount of Reimbursement. If Company elects to terminate this Agreement as provided under Paragraph 7. 3 or 14.2, City shall reimburse Company the total of (a) any outstanding and unpaid draws against the Advance, and (b) any prepaid Fair Share Fees attributable to parcels of the Property for which no building or grading permit has been issued as of the date of termination ("Reimbursement Amount") . City shall pay no interest on the Reimbursement Amount, or any portion thereof. B. Termination Pursuant to 7. 3. If Company terminates pursuant to Paragraph 7 .3, City shall pay Company seventy-five percent (75%) of the Fair Share Fees collected until Company is reimbursed the Reimbursement Amount or City's reimbursement obligation terminates pursuant to Subsection 3 .7 (d) . C. Termination Pursuant to 14.2. If Company terminates pursuant to Paragraph 14 .2, City shall reimburse Company the Reimbursement Amount from a combination of Fair Share Fees and the General Fund. The intent of the parties is to provide for General Fund reimbursement of the Reimbursement Amount in proportion to the percentage of development not constructed as of the date of termination. The portion to be reimbursed from the General Fund shall be calculated as follows: Reimbursement Average Daily Trips Attributable Amount X to Parcels not Developed as of Termination Total Average Daily Trips for the Project 120 kr\c1rcop15.a9t 18 } 1 • • 4Y V That portion of the Reimbursement Amount due from the General Fund shall be paid in four (4) equal annual installments beginning on September 1st of the fiscal year following the date of termination. City shall also pay to Company seventy-five percent (75%) of the Fair Share Fees collected from the date of termination until the remainder of the Reimbursement Amount has been fully repaid or City's reimbursement obligation terminates pursuant to Subsection 3 .7 (d) . For purposes of this Subsection, the term "parcels not developed!' shall mean those parcels for which Company has not received building permits for the development permitted pursuant to this Agreement, commenced construction of that development,, and expended a substantial sum of money during the course of construction. The average daily trips for parcels partially developed shall be prorated. 15. Cooperation. Each Party covenants to take such reasonable actions and execute all documents that may be necessary to achieve the purposes and objectives of this Agreement. 16. Force Majeure. Neither Party shall be deemed to be in default where failure or delay in performance of any of, its obligations under this Agreement is caused, through no fault of the Party whose performance is prevented or delayed, by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes or other labor difficulties, State or Federal regulations, or court actions. Except as specified above, nonperformance shall not be excused because of the act or omission of a third person. 17. Notices. Any notice or demand which shall be required or permitted by law or any provision of this Agreement shall be in writing and if the same is to be served upon a Party, may be personally delivered to the Party, or shall be deposited in the United States mail, certified, return receipt requested, postage prepaid, or shall be delivered by overnight courier, overnight courier charges prepaid, and shall be addressed as follows: TO CITY: City of Newport Beach 3300 Newport Boulevard Post Office Box 1768 Newport Beach, California 92663-3884 Attn: City Manager With a copy to: City Attorney City of Newport Beach 330'0 Newport Boulevard Post Office Box 1768 Newport Beach, California 92663-3884 kr\c1rcop15.a9t 19 (2hA� • i TO COMPANY: The Irvine Company 550 Newport Center Drive Newport Beach, California 92660-0015 Attn: General Counsel With a copy to: Latham & Watkins 650 Town Center Drive Costa Mesa, California 9,2626-1918 Attn: Robert K. Break Either Party may change the address stated herein by notice to the other Party in the manner provided in this Section, and thereafter notices shall be addressed and submitted to the new address. Notice shall be deemed to be delivered upon the earlier of (a) the date received or (b) three (3) business days after deposit in the mail as provided above. 18. Transfers and Assignments. 18. . 1 Right to Assign. Company shall have the right to sell, lease, transfer or assign the Property in whole or in part (provided that no such partial transfer shall cause a violation of the Subdivision Map Act, Government Code Section 66410, et seq. ) to any person, partnership, joint venture, firm or corporation at any time during the term of this Agreement without prior notice to City; provided, however, that any such sale, lease, transfer or assignment shall include the assignment and assumption of the rights, duties and obligations arising under or from this Agreement to the transferee with respect to that part of the Property transferred. Company shall no longer be obligated under this Agreement as to that part of the Property which was sold, leased, transferred or assigned if Company is not in default under this Agreement at the time of the sale, lease, transfer or assignment. In no event, however, shall Company be relieved from its obligations hereunder to prepay the Fair Share Fees, or to fulfill its obligations pursuant to Sections 2, 31 4 and 5 of this Agreement. 18. .2 Binding on Successors and Assigns. The burdens of this Agreement are binding upon, and the benefits of this Agreement inure to, all successors in interest of the parties to this Agreement, and constitute covenants which run with the Property. In order to provide continued notice thereof, this Agreement and all amendments thereto will be recorded by the Parties. kr%d rcop15.agt 20 1 19. Exhibits. The following documents are attached hereto and incorporated herein by this reference: Exhibit Designation Description "A" Legal Description of the Property "Bit Depiction of the Property licit Frontage Improvements "D" Development Plan (Including Density and Intensity of Development) "Eli Open Space Dedication "F" Open Space Dedication Conditions "G" Processing Schedule List of PC Texts Addendum 20. Rules of Construction and Miscellaneous Terms. 20. .1 Gender. The singular includes the plural; the masculine and neuter include the feminine; "shall" is mandatory, "may" is permissive. 20. .2 Time of Essence. Time is of the essence regarding each provision of this Agreement in which time is an element: 20. .3 waiver. Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, and failure by a Party to exercise its rights upon a default by the other Party hereto, shall not constitute a waiver of that Party's right to demand strict compliance by such other Party in the future. 20. .4 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be identical and may be introduced in evidence or used for any other purpose without any other counterpart, but all of which shall together constitute one and the same Agreement. kr\circop15.agt 21 I �� 20. .5 Entire Agreement. This Agreement constitutes the entire agreement and supersedes all prior agreements and understandings, both written and oral, between City and Company with respect to the subject matter hereof. 20. . 6 severability. If any provision of this Agreement or the application thereof to any party or circumstances shall be held invalid or unenforceable to any extent, the remainder of this Agreement or the application of such provision to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby, and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 20. .7 construction. This Agreement has been drafted after extensive negotiation and revision. Both Company and City are sophisticated parties represented by independent counsel throughout the negotiations. City and Company each agree and acknowledge that the terms of this Agreement are fair and reasonable, taking into account their respective purposes, terms and conditions. In accordance with the foregoing, this Agreement shall be construed as a whole in accordance with its fair meaning and no principle or presumption of contract construction or interpretation shall be used to construe the whole or any part of this Agreement in favor of or against either City and Company. 20. .8 No Third Party Beneficiaries. The only parties to this Agreement are City and Company. There are no third party beneficiaries and this Agreement is not intended and shall not be construed to benefit or be enforceable by any other person whatsoever. 20. .9 Governing Law. This Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California. 20. . 10 section Headings. All Section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 20. . 11 Incorporation of Recitals and Exhibits. Recitals A through H and attached Exhibits "All through "Hil are hereby incorporated herein by this reference as though fully set forth in full. kr\c1rcop15.agt 22 A 21. Authority to Execute. The persons executing this Agreement warrant and represent that they have the authority to execute this Agreement on behalf of the entity for which they are executing this Agreement, and further warrant and represent that they have the authority to bind their respective Party to the performance of its obligations hereunder. 22. Recordation. This Agreement and any amendment or modification hereto or cancellation hereof shall be recorded in the Office of the County Recorder of the County of Orange, by the City Clerk within the period required by Section 65868.5 of the Government Code. � 3z kr\circopl5.a9i 23 �� SIGNATURE PAGE TO CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT THE IRVINE COMPANY A Michigan corporation Av/f A "z:id w CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5193 r State of c OPTIONAL SECTION wiiiiiiiiiiiiiill CAPACITY CLAIMED BY SIGNER COUnt Of �A Though statute does not require the Notary to y fill in the data below,doing so may prove invaluable to persons relying on the document. On �' 2 S�" before me, '7 a �'�^ E.NO ❑INDIVIDUAL DATE NAME.TIRE OF OFFICER•E G.,'JANE DOTARY PUBLIC' ❑CORPORATE OFFICER(S) personally appeared C.4RCr.c a rT—_7ZA"e.., d- CvnNra C Ra psiu NA IE(S)OF SIGNERS) TITLE(S) Q-re'rsonally known to me-OR-❑ proved to me on the basis of satisfactory evidence PARTNER(S) LIMITED GENERAL to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- ❑ATTORNEY-IN-FACT knowledged to me that he/she/they executed ❑TRUSTEE(S) the same in his/her/their authorized ❑GUARDIAN/CONSERVATOR capacity(ies), and that by his/her/their ❑OTHER: �'.�• PAT DE LA HUNT signature(s) on the instrument the person(s), _ COt:.rd.a<9Ee:3v z or the entity upon behalf of which the = i-? �:�•/ ilc`^y NIG UNI l — ifcrnia A WI person(s) acted, executed the instrument. fly Ccmrn.Fxp.:OSMAR21. 1997 1 SIGNER RIS REPPRESENTIIING: WITNESS my hand and official seal. NAME Y SIGNATURE&NOTARY OPTIONAL SECTION THIS'CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES DATE OF DOCUMENT Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNER(S)OTHER THAN NAMED ABOVE s 0.1992 NATIONAL NOTARY ASSOCIATION•6236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309.7184 city cierx ✓ )i ' .:;' '':,.`: �' ;i:;;. APPROVED AS TO FORM: Robert H. Burnham City Attorney 12t 2 kr\c i rcop15.sgt 24 ✓`JJ F SIGNATURE PAGE TO CIRCULATION IMPROVEMENT -AND OPEN SPACE AGREEMENT THE IRVINE COMPANY A Michigan corporation By: Gary H. Hunt Its: Executive Vice President By: Peter D. Zeughauser Its: Vice President &General Counsel CITY OF NEWPORT' BEACH, A Municipal Corporation Its: Mayor ATTEST: � � _, •1• •_�'., colt City Clerk APPROVED AS TO FORM: :s ` r r E Robert H. Burnham ` City Attorney 1 kr\circop15.agt 24 1 �� STATE OF CALIFORNIA COUNTY OF ORANGE On June 23, 1993, before me, the undersigned, a Notary Public in and for said State, personally appeared Gary H. Hunt and Peter D. Zeughauser, personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities and that by their signature on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seat. _ CAMLE M.ZAFFINO NN Notcry PublicCc"'c M'y CCR:T.:'::C.: Carole M. Zaftino July 31.sss6 Notary Public in and for said County and State EXHIBIT "A" CIRCULATION IMPROVEMENT,AND OPEN SPACE AGREEMENT DATE: 09/04/92 GROSS GENERAL PLAN # PROPERTY ACRES ENTITLEMENT 1. San Diego Creek South 21.0 Residential — 300 D.U. 2. San Diego Creek North 14.7 Office — 112,000 S.F. 3. Jamboree/MacArthur 4.7 Office — 50,000 S.F. 4. Upper Castaways I 56.6 Residential — 151 D.U. 5. Bay View Landing 16.1 Restaurant — 10,000 S.F or Health Club — 40,000 S.F. .6. Newporter North 77.2 Residential — 212 D.U. 7. Block 800 6.4 Residential — 245 D.U. 8. Corporate Plaza West 9.0 Office — 94,000 S.F. 9. Freeway Reservation 28.3 Residential — 76 D.U. 10. Newporter Knoll 12.0 Open Space 11. Newporter Resort ———— Hotel — Additional 68 Rooms 12. Newport Village 12.8 Administrative/Professional from library to San Miguel) Financial — 0 S.F. TOTAL 258.8 � 36 r � r • • EXHIBIT "B" M1e San D.er GaekNMA ar'; JanAoree/ =Arthur OnrvenM1Y Or ikOw NawPert San Orapo Guek SoUA Bay Ba dlw Va DW Om p e P oM e ea s sti/ FCP �atj Bv� finny pp 4 W Ede n�'• Neeoener Nae7 ar •' Fr ay Baawmn Knell NanA J Upper 3 w Li:•cam..C,ew.... "'} .'� 6 Y Cr ays vR r" Nevgm $ e 0 •• ReaoM1 607 PaCrC coast Hrry i"�" Bb n` `` \J Bayv"land"np ^ .ram• Canonic > la Ptau West I /rr�• / i ewyprl Wllape Newport Beach Undeveloped Sites CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT �� • • EXHIBIT 'C' CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT FRONTAGE IMPROVEMENTS DATE: 05/29/92 FRONTAGE IMPROVEMENTS TO BE ESTIMATED # PROPERTY CONSTRUCTED OR BONDED FOR COST ,$ WITH PROJECT DEVELOPMENT 1. San Diego Creek South Jamboree Road/University Drive frontage $400,000. and intersection improvements. 2. San Diego Creek North None —0— 3. Jamboree/MacArthur None —0— 4. Upper Castaways Provide R.W. and grade for ultimate width of Dover along property frontage. $600,000. 5. Bay View Landing None —0- 6. Newporter North Construct frontage improvements along $300,000. Jamboree at access to property. 7. Block 800 Install traffic signal at Santa Cruz/ $130.000. San Clemente intersection. 8. Corporate Plaza West None —0- 9. Freeway Reservation Construct 1/2 section of MacArthur to $1,260,600. ultimate width along frontage of developed portion of property, 10. 'Newpotter Knoll None —0- 11. Newporter Resort None —0- 12. Other Projects A. Construct 1/2 section of McArthur $807,000 to ultimate width along frontage of TIC owned property at Newport Village. B. Construction 112 section of'MacArthur $1.308,200 to ultimate width along'frontage of Big Canyon Area 16 presently bonded for. TOTAL $4,806,000 13� EXHIBIT 'D' CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT DEVELOPMENT AREA DATE: 11/24/92 DEVELOPMENT # PROPERTY _ DEVELOPMENT AREA (ACRES) 1. SAN DIEGO CREEK SOUTH ` Residential — 300 D.U. 18.4 2.SAN DIEGO CREEK NORTH i Open Space 3. JAMBOREE/MAC � ARTHUR I Open Space —0— 4. UPPER CASTAWAYS —+ Residential — 151 D.U. 26.0 5. BAY VIEW LANDING I Restaurant — 10,000 S.F. or 5.0 j Health Club — 40,000 S.F. or It Senior Residential — 120 D.U. I 6. NEWPORTER NORTH i Residential — 212 D.U. 30.0� I _ I I 7. BLOCK 800 ! Residential — 245 D.U. I 6.4 ' I, 8. CORPORATE PLAZA WEST Office — 94,000 S.F. 9.0 9. FREEWAY RESERVATION North Area Residential — 36 D.U. 7.5 South Area Residential — 12 D.U. 3:5 10. NEWPORTER KNOLL Open Space —0— r 11 . I NEWPORTER RESORT Hotel — Additional 68 Rooms onsite 12. NEWPORT VILLAGE Open Space —0— (from library to San Miguel TOTAL I 106.0 • • a e r EXHIBIT 'E' CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT OPEN SPACE DEDICATION DATE: 11/24/92 OPEN SPACE # PROPERTY ACRES TO BE TIMING OF - L DEDICATED U DEDICATION 1. !SAN DIEGO CREEK SOUTH I 2.4 (3) 2. 'SAN DIEGO CREEK NORTH 8.6 (3) 3. JAMBOREE/MAC ARTHUR 4.7 (3) 4. UPPER CASTAWAYS 30.6 (2) 5. BAY VIEW LANDING 11.1 (1) 6. NEWPORTER NORTH 47.2 (2) 7. BLOCK 800 —0- N/A 8. CORPORATE PLAZA WEST —0— N/A 9. FREEWAY RESERVATION North Area 17.3 (2) South Area ' —0— N/A 10. NEWPORTER KNOLL 12,0 (1) 11. NEWPORTER RESORT —0— N/A 12. NEWPORT VILLAGE 12.8 (4) from library to San Miguel) TOTAL 146.7 (1) Open Space to be dedicated upon Effective Date of Agreement. (2) Open Space to be dedicated upon issuance of first building permit. (3) Open Space shall be offered for dedication upon issuance of last building permit of all projects contained in this Agreement. The Company may elect to waive this condition. (4) Open Space area to be dedicated upon issuance of first building b permits for both Upper Castaways and Newporter North. EXHIBIT "F" OPEN SPACE DEDICATION CONDITIONS The parcel (s) to be dedicated/conveyed to the City will be transferred (a) without any warranty concerning suitability for City's intended use of the property, (b) without any warranty concerning the absence of hazardous or toxic materials, (c) subject to standard CLTA exceptions to title, (d) subject to existing encroachments and easements of record or apparent as of the date of this Agreement, and (e) subject to the following reservations and covenants: (1) a reservation of ground water and mineral rights, but without surface entry; (2) a reservation of easements as needed for installation of utilities required to serve development on other properties (e.g. a drainage easement across Newporter North) , to perform habitat mitigation in or adjacent to environmentally sensitive habitat areas to mitigate for development impacts on development parcels, for reburial of disturbed native American remains on Newporter North, for public rights-of-way, and for temporary construction access and staging; and (3) covenants that the parcel (s) will be used consistent with the PC Texts, that the Company will have the right to review and comment on park plans and improvement plans, that the City will not require the Company to provide, directly or indirectly, for parking related to public use of the conveyed lands, that the City will maintain the lands in a safe and attractive condition, and that the City will not abandon the conveyed parcels nor transfer them to a third party for any development purpose. Notwithstanding the foregoing: 1. Company shall complete, to City' s satisfaction, a remediation program for the removal of known petroleum products or hazardous wastes on the Bayview Landing Parcel prior -to dedication. Company shall diligently pursue the remediation program to completion so that timing of the dedication is not affected. 2. To facilitate the widening of Dover Drive or access to the park or open space on Castaways, the City may convey to the Lutheran Church a portion of the dedicated parcel on the south side of the Church property. The amount of property conveyed to the Church in the event Dover Drive is widened shall, at a minimum, provide replacement parking for spaces lost as a result of a widening. Any conveyance to the Church to provide replacement parking shall be conditioned on the Church's conveyance of Dover Drive frontage necessary to accommodate the widening to Master Plan standards. 3 . Company shall have the right to waive any and all of the reservations or covenants with respect to any parcel to be dedicated so long as the proposed use of the property is consistent with the PC Text. I�1 t - L EXHIBIT'G' NEWPORT BEACH CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT PROCESSING SCHEDULE MARCH 02. 1992 ITEM 91 '92 DEC NO. ENTITLEMENT AGREEMENT JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR. MAY JUN JUL AUG SEP COT NOV 1 City Council initiates process for Complete Agreement and EIR - 2 Prepare Agreement Document Complete 3 Site Plan[P.C.Text Preparation Complete a City 'selection of EIR Consultant Complete 5 Publish EIR Notice of Preparation Complete 6 PB&R Review Complete - 7 Prepare Environmental Documents a EIR Screen Check Review 9 aS day public review of-EIR 10 Planning Commission Hearings, ' EIR-and Agreement 1 t City Council Hearings, ' EIR and Agreement 12 Coastal Commission review and approval J EXHIBIT "H" ORDINANCE/AMENDMENT DATE OF PLANNED COMMUNITY TEXT NO. ADOPTION 1. North Ford Amendment Amendment No. 766 8/24/92 (San Diego Creek South) 2. San Diego Creek North and Ordinance No. 92-39 8/24/92 Jamboree/MacArthur 3. Upper Castaways Ordinance No. 92-36 9/28/92 4. Bayview Landing Ordinance No. 92-38 9/28/92 5. Newporter North/Newporter Knoll Ordinance No. 92-37 8/24/92 6, Block 800 Amendment Amendment No. 769 8/24/92 7. Corporate Plaza West Ordinance No. 92-40 8/24/92 8. Harbor View Hills Amendment Amendment No. 763 8/24/92 (Freeway Reservation) Exh—H , �� � r r EXHIBIT "I" NEWPORT BEACH CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT ADDENDUM Pursuant to California Government Code Section 65869, a development agreement for property located in the coastal zone, without a certified local coastal program, must be approved by the California Coastal Commission. On June 10, 1993, the California Coastal Commission approved the Newport Beach Circulation Improvement and Open Space Agreement and this Addendum. The Addendum language shall take precedence over the Development Agreement and Planned Community text language and where there is a conflict, the Addendum shall supersede. The Addendum comprises the following: 1. Text that correlates two categories of site maps representing two levels of development specificity and text defining the scope of future discretionary review under CEQA, the Coastal Act and other state and federal environmental laws. 2. Site maps identifying development parameters and sensitive habitat. 1 fn:nboioue.519 I • CATEGORYI Definition. Category 1 sites have: (1) specifically defined principal permitted uses; (2) specifically delineated "development envelopes" and (3) specifically defined "maximum extent of grading for non-public uses lines. They are specifically delineated on the Development Agreement Addendum site maps (A through E): Sites included in this category are: A. Upper Castaways B. Newporter North/Newporter Knoll C. San Diego Creek South D. Bay View Landing E. Corporate Plaza West Future Discretionary Review: The following provisos apply: a. The Development Agreement specifically provides for future CEQA review in connection with the City discretionary site permit process; b. Future Coastal Act discretionary review (Coastal Development Permit through Coastal Commission or the City) may result in further limitations on the mapped development area based on new/more specific biological or geotechnical information, provided that the landowner may relocate development within the "maximum extent of grading area for non-public uses" shown on the Development Agreement Addendum map so long as: (i) City of Newport Beach height, lot coverage, setback and other, similar requirements are met; (ii) the alternative location is not in conflict with specific environmental resource protection siting criteria resulting from future CEQA/Coastal Act or other regulatory agency requirements; and (iii) the intensity and type of development and the total amount of development acreage are consistent with the Development Agreement PC regulations and maximum extent of grading maps in the Addendum; C. Site specific erosion and urban runoff control measures and other impact mitigation measures (e.g. light and glare) are subject to full CEQA, Clean Water Act, Coastal Act and other applicable state and federal environmental law discretionary review; d. Public facility and open space uses requiring site alteration and/or providing access in close proximity to sensitive habitat areas are subject to the same discretionary review provisions as development uses; I rhmbdoma.519 ��� A0 a . . . 0 , e. Development effecting the habitat of any species listed as threatened or endangered under the state and federal endangered species acts or affecting "waters of the United States' is subject to the full regulatory authority of those endangered species acts and Corps 404 requirements, as indicated in the,Development Agreement EIR, under federal law supremacy and under Government Code Section 65869.5. f. Site specific coastal development permit applications shall include approvals from the California Department of Fish and Game and U.S. Fish and Wildlife Service, where applicable. g. Wetland encroachment is limited to that necessary for the expansion of Dover Drive on the Upper Castaways site. The access road for the Newporter North site shall avoid wetland encroachment; if such access is. later -determined to be infeasible, the applicant may, through a coastal,development permit application, propose.that alternative means of ingress and egress meet the requirements of Chapter 3 of the Coastal Act. All wetland encroachment shall be subject to the following criteria: 1. Wetland encroachment shall be the absolute minimum necessary for construction of the improvement. The encroachment shall be. approximately .8 acres of wetland fill at Upper Castaways. The site specific coastal development permit shall include an analysis of the least environmentally damaging Dover Drive construction alternative. 2. All,wetland encroachment shall be mitigated at a ratio of 4 square feet of wetlands created for each square foot lost,. Encroachment mitigation may. occur onsite or offsite so long as it is within the vicinity of the Upper Newport Bay ecological reserve and within the coastal zone boundary. 3. The site specific coastal development permit request shall include a detailed wetland mitigation plan which includes phasing, planting and monitoring/maintenance provisions. 4. Wetland buffers of 100 feet shall be maintained; however, the buffer width may be reduced to 50 feet if the California Department of Fish and Game finds such reduction will not adversely impact the wetland resource. Nothing in this section relieves Company of its obligation to make, and pay for, the improvements described•in Exhibit "C". h. Any bluff stabilization necessary to resolve existing erosion problems shall involve: 1. The least amount of work necessary to eliminate, or to reduce to a level of insignificance, the existing erosion problem. 2 fm6doua.519 • • 2. No significant land form alteration of the bluff face shall be allowed in order to rectify existing and potential geologic instability for the residential development area; non-engineered solutions shall be utilized such as greater setbacks if necessary. Minor grading and filling or erosion gullies shall be permitted to stabilize public use areas. 3 f mbdoma.519 N7 LEGEND •• �• -,� . .•'... AREAS �- UW(xIU KtSr4lIK � I ••Fr•• - • ..�. _•�f" � , � KMSHO.T YFA MK SGf04.T LIK ��N1ly � _ CHNyNCE ]O6K _ nY1fRIK a Y!F � '� r N•w.1'�-yI�^✓' S:K(i Ll01r _.. .y,� l•.ri: Y �!!.• lI1UL5RE 3E4K "'"fO /y -.+�' _ •i ';e. ACTIVE PARK SITE f�lU Y4K •. �/�Z ,<.•i`C�4i�ti 'Q QS.B wanwtrx nrz I,y �`— C3�E / fvt' %If Y'r• . w✓_. �:�' ~= 1 %•o_ ec T < _ DEVELOPMENT AREA x wctcrosroxl �% , f VIEW PARK Sj.�. 26 ACRES MAXIMUM % Y 115 ACRES r y S J if Ic �� �•\• t`�L}r��w� fr' %'1'4•�•.�'�mua —_ _ fy-_'�tPa`;�:I '!1 ��31�1. �� •\�I �`1 •'�ti•'/.r.' WRYPfY� /,/`J • - r--•�4:1.4.'� \ � :.$�� Gam•\`' �'•��:,%Yf� / mKaur �: `Q:.l�� Lt \' 1,=_ � �.4., j ,, � xtwnl.<avrmL.ol _/ / •�,' _ yi 1 jP tnaun "• C :.. wscaas3 rart LEGAL DESCRIPTION: _�•�• I ��`�_� _" •fwnw v Lat act urs / �` ': \/ i .I u3 a Iwtiw p LSt Ica.4R. �� Mrdwwwa�p( \ I t Q.n•4 S3 IIIYIK'S LMIYISIw. r.n✓ �.WSbryplCr BLUFF SETBACK CRITERIA EXHIBI-T 11�•"V� C O N S T R A I N T S MAR ��3Yw• iY1K. I.iCOfµ INwf•'fU01.y mIK F UPPER CASTAWAYS NEWPORT BEACH ' CALIFORNIA YlUDfY. ;�•Sr CtU CtYIL bGtK f.tK. a ISYI��tC f�l, MAP4 \�O • 4 f f• •':• ••i i�rii� •�1\1.1 ;•;•; ���; NOTE: Development area denotes the portion, of the site identified for development of t4i residential uses in the proposed PC Test. Grading could also occur for roads, open space uses,trails;and bluff • .;r`/_ restoration,outside of areas designated • : ='_; for development. fr • �! . It •. •'•' r r I li VEGETATIVE COMMUNITIES :•.: ';� �' • �'^`: FRESHWATER MARSH li�� :•:��:: INTRODUCED ANNUAL GRASSLAND COASTAL SAGE SCRUB '; ;�„ SALT MARSH •i•r .i••••�fk J i ® DEVELOPMENT AREA NOTE:Grading will occur for roads,open space _ uses,trails,bluff restoration,etc.outside Of areas designated for development. Source: Steven Nelson PROPOSED DEVELOPMENT AREAS - A 1, zinc BIOLOGICAL RES OURCES oL4..Nt,t::t1,'a I UPPER CASTAWAYS CIRCULATION IMPROVEMENT & OPEN SPACE AGREEMENT no scale Citv of NPwnnri Raarh l 1 HAREAS -. Z" raa.u. LEGEND91E -�,"' '' r 5=:—•s ar.vmrwwa,s.0 — msoul u�L "' __.. ' .� NEWPORTER'�KNDL,L 1 ;�•' r ��'� �.,�_� ,� _ • =�,;: � — OP.kN SPACE ` 1J r��' vJL�3 x r- n eft_ wu. uunyM .� �; i��.;•! '12 A F ES•.:-=I;• +// - M .rr"^. 4 -� %VI *PAR _ ..d.a 4. ;:ACRES �?• ' �!1 - "� `w\. 45: . r,,� k ^BLUFF SETBACK CRITERIA E%NI81T DEVELOPMENT-AR r -"-' ~�! -_ > • _w ' _ ,.µ.• • 1 =130A ERCSMAXIMUM- _ ^- I• �` _ ,� - }� -' lip- _ v — - y:F• .'�^� ./"r r. - .. su Gi w�c: ;'- .c.•� l� ._.Y.�.."+.��Sji1F'�•: � ` - s . MSYRSS .worn su. nwL r.nnc rnmwr C O N S T R A 1 N T S M A Pcnwr on n w,F rwum m uw•smuu caY uciuus.,w. ,s savou,c ruc NEWPORTER NORTH & NEWPORTER KNOLL + NEWPORT BEACH CALIFORNIA "`' ""' MAP 5 No.B ' NOTE:Development area denotes the portion of the site identified for development of I - . { residential u in the proposed PC Test: Gra Gradi could couldld also occur for roads, , open space uses,trails,and bluff ' restoration,outside of areas designated ice �� for development. • . tL lni.�`^tA ` t .. ' ; ' . _ �. VEGETATIVE COMMUNITIES — - ••+ ••':- _ INTRODUCED ANNUAL.GFASSL�AND• •% •_ • . • ,' :j COASTAL SAGE SCRUB w� ` 1• 'r ® FRESHWATER-MARSH _T ORNAMENTAL FfEIDEVELOPMENT AREA Source: Steven Nelson BIOLOGICAL RESOURCES PROPOSED DEVELOPMENT AREAS NEWPORTER NORTH/NEWPORTER KNOLL S Mina IM.\\\I\1,.1\I' � CIRCULATION IMPROVEMENT& OPEN SPACE AGREEMENT no scale' , City of Newport Beach 63 AnR aREe •• • - _. . '�_��_--��_ --�--- �� LEGEND 1 E.uaxt ce ure4mt uhx _ K�'c� _ _ ••���N"i.�.l�{�- •� SiK1ErµL101t FEx[E % RAT"VALVE • t DEVELOPMENT AREA i� 1 186)}CHES MAXIMUM \% U i '�, '\ •\.�t ,or :o aF IRAcr ra>os 4v[+redo[+naxs '\.1.� •�F:'OYy�.^' •\ .. /: ,�\ � ,jl•l . 11 / .\t,:� `Y:_.�o3r" •\ :ICI !' \,:. w\ '•.�.•;'c^ cnaowc sErdnnc t .0 � , ••'�- � WcllavahuRcn of 100 / A • '1 �^ ' •� \\ Lcm than be mafvldvcd; -� /fit•/ ' •- �` r hvWcvcr,the huf(cr�id:h \`![y:/.'j��..�•,`..j \,`\``\`�•~\� _� i[thc Gli(orvia Dcpl.of -•1. ..•� - AREAS Ftb avd mmc Duat turn %m li t• _ �i ic. `\;; \ nduc:ivn.ill nol �� fd 21ME rn 4'• °I`'pp1•�^�' '06K adrencyimpau the �fY ae .v •'{ �� >.nK ` - - �tlland rnvurtc. .✓re • '!^+/-"•-• •,. IS-v: vWUYD fLtl. • V,MT MAW.CAA MIVE CONSTRAINTS MAP / - a wua 1'P[fASLO OT- b'•'mtlpg4 C IMREIYII U911EEIn• IM;. ^- IxvlxE^G. YEtl4 SAN DIEGO CREEK SOUTH NEIJPORT BEACH CALIF:' MAP t `, 1/ . V1.4` t - t DEVELOPMENT AREA }•..::: :it . ;}fit;{: ./ ••.•.t:l.;:t �};: •: r::.:(}•: '': ice::�:..:. VEGETATIVE COMMUNITIES :; '•::•:::::;:::.;:.ss.. ,s=•':.;:.;;...... } .... •.::•. '' FRESHWATER MARSH : i.;.s::::;tsx;;.;::t:•}stt{�}5,tx:;;: :; }: %• :%:•>i: ::}::'. :f:: •:':i :•'ism:•:%?•::�:•:•i:•::•:•}:�:•:v:. .:1•• ;.t:•}:•};•}:•ii:•:%:v'r;:}:%'v$::t}t::} 'i. ' ;.-•:""..._'_" Wetland buffers or 100 ..r. ..r. ..a[........_...... feet shall be maint ained; tom' h o ever t be butte t rwid h • w r Y ma be reduced to 50 feet s •: f i the C California ores Dc}tj�:v:�:%-:ism?::y:::::;% :�:�?::'r::�:'-i:%�'t}i:::='r::::•}:•::•:i:?}::}?:%i}i}?:•i:•}:•i:•::�:.... t of .}.• Fish and'Game Gods such•.v:rit• ch reduction will mot t'i:' a dvrselY impact the •:.,:'�?: wetly od resours e ... . I :•:~ .... = <:: •::%':....{.:•:..... ... .. .......... NOTE: The development area denotes the ' ''�••'••'.:lA:Lll}:Y:.S•:•i/}l�••,•'•'`LY••~ .. ' -.1�� portion of the site idcntiGcd for • --�- ---.....-__ _ multi—family residential uses in the _ proposed-PCTczt. Gradingwillalso ' occur for road imiprovements out side of areas designated for development. Source: Steven Nelson BIOLOGICAL RESOURCES PROPOSED DEVELOPMENT AREASb., ►,inc. SAN DIEGO CREEK SOUTH CIRCULATION IMPROVEMENT & OPEN SPACE AGREEMENT no scale -- v City of Newport Beach 58 `• tea• .: 'C 0 N 41�PIRGEG. S T R A 1 N T S M A I' d' -. " `'e�"``' BAYVIEW LANDING NEWPORT BEACH CALIFORNIA 1 .;moo;, �J -'�` •"� 'sr �•. DEVELOPMENT REA j% f i' • .~e~~�.` 0./�y�--'.._ 5.0ACRES. - // / %t't%'• ;: li % s pR PARCEL A't v ' . I ��{•:• `: r �t .! ,.-!t._ .:-_ ;y �� - / -�.. � / /mot t,�,/• AREAS /j�l "late-/o.�a.Aia[s ,/ /�yj �/ /i ' /l /j i/i , t •� t :i m CIQ"I{IC "late .%�> / - J :�: L E G E N D mmvrt K.IG /arAt •tear Awes �', ! I�_% / I . •1'� i / OPEN SPACEpmM VIM 1 ' 1 •-•Y------ ---------------------�•�_ ��, _ • ; Mf0I4. Itl'IK I.[RIC Mrn _ ���-t•�Ylrv,y,^ - _ _ • '-'' / /i•• t .i^I �. I/Vu(04r tivl.flV[I(.CI.IL COI Kfd.IK. 4 MAP 6 I•.. 'V M A.w.u. No.D e - MOTE: Development area denotes the portion of the site identified for development of i commercial uses in the proposed PCTcst. Grading could-also occur for roads, •; ;�.:-Y} :•?}:••" open space uses,trails,and bluff ••;•::f.;.;:_.;•.v:;:•; ••y::::.. ` restoration,outside of areas designated ..........: ..... 'for dcvelopmeut. s"s .:: VEGETATIVE COMMUNITIES _ 11 :.};i':�:;{:>'�:}•:`;;: :: ,•mot=; �� F. " INTRODUCED ANNUAL GRASSLAND COASTAL SAGE SCRUB RUDERAL = r:<'= :,:';::: ::!:::#:'• x:' y'V•!•�::��•�},��•'�C j. IC"3J`J�b i'%•::.� ::.�•. ::i�i•:.:•• •:�::'••' ':a\wM.V:VY•.•:•.'. ;.... COIJ/ f/pnY. . [� DEVELOPMENT AREA C�-JJ Source: Steven Nelson BIOLOGICAL RESOURCES PROPOSED DEVELOPMENT AREAS ' �71 SMinc. BAYVI.EW LANDING CIRCULATION IMPROVEMENT & 1 OPEN SPACE AGREEMENT no scale City of Newport Beach 62 ORIWUN NOW 1—umunullvmvmrmnwuvwu Iu Ivt m urt a, i I!FfII uuau unn rtroot JuuYlu t Iiiruulnui uiluvrniiliiin iiuY4itiiuiiill m at" ut m.I—umarnurnumwmu mrnu uH�, I u u v unnuna u.1111nulmm mnuuly 1/1 _ mmm�ul ,r p� O-ukM I.PlnlntlYnm,n1111V1n rlr rin rnt,.Y 1 A tp-vml—utrunnwnmmunyul nkm118w Q-- 1111w-ff'flu 1111wrt 11,YttInI,11t Y1,1,.11'n nt !•� ' pt-lour n.nluuunvwrumrn mnpu nll l m$'m O rO-IIIna 1111nnf Ill U 1u""Iwn11111YlYl 111 ln[11111, . -mluammfill.num,m umwgluml.oa am w1*•' i O-Inulrlvntll11V 1111unlnOrluuu,rltlni4llfu la /`°°� •� •-'(•' Or•°°° � 1 AREAS %` J FUTURE DEVELOPMENT FUTURE DEVELOPMENT 9.0 AC AREA\ $r`° / ,°� .g,0 ACRES' 'i•1 EXISTING DEVELOPMENT 1.6 AC •1`�„'- OPEN SPACE 1.5 AC — ~\ u•n•na- -`t tt,,,o Irur.` / alruul�l _ .Y TOTAL SITE 12.1 AC o., " t J �rin - _ 1 �--•. 'i':1„ I.'c' OPEN SPACE tl.f •-: ,i _ / ._ •_ ui•r _ 1.5 ACRES wiuur, EAST COAST HIGHItiAY `y 30'CITY SETBACK CONSTRAINTS MAP CORPORATE PLAZA WEST MAP 7 NEWPO..T BEACH,CALIFORINA Nz NOTE: Development area denotes thoponion of ^ the site Identified for offlcolcommorcial uses in the proposed PC Text. No grad• Ing beyond those limits Is expected. DEVELOPMENT AREA ` \���` • VEGETATIVE COMMUNITIES \ —RUDERAL ® ORNAMENTALXe .Irnlyrr inrllloh. •i:}:+!•�i:,::{:::•i:�:is�ti•:i?i:•i:•:•::::.i;:::j}:}•:�•iii::::::-�i:=:�;::. .1 +tiv .11•IYIY h'_I_ . .... ............... .o•q lrr t11Y"•- ..A Y•�A•;:�{Y:.:;•J.';:;••';•;••':.•. __ ;:;:`1• �ill•n 1Y• 1 II.i )nrelrir ..rrrlrr Imw• _.•__•. _ wn uur i � � = 6 •• ii r wr EAST COAST II I G If WAY ` Source: Steven Nelsor BIOLOGICAL RESOURCES PROPOSED DEVELOPMENT AREAS r K CORPORATE PLAZA WEST 0, Minc:, CIRCULATION IMPROVEMENT & OPEN SPACE AGREEMENT no scale City of Newport Beach 65 CATEGORY 2 Definition. Category 2 sites have either a range of principal permitted uses or no specific delineation of a "development envelope" and "maximum extent of grading for non-public uses." (F through H) Sites included in this category are: F. Jamboree/MacArthur G. San Diego Creek North H. Newporter Resort Future Discretionary Review: All uses on Jamboree/MacArthur and San Diego Creek North would be subject to future CEQA/Coastal Development Permit review. Thus, for purposes of future Coastal Act and LCP review of Jamboree/MacArthur and San Diego Creek North, approval of the Development Agreement and Development Agreement Addendum provides the following: - Deletion of office uses allowed by the approved Newport Beach LUP; - Other public facility uses identified for each site in the Development Agreement PC text as found to be within the scope of the approved Newport Beach LUP but, due to absence of analysis of potential impacts and absence of development envelope/maximum grading maps, such uses are subject to full future discretionary review; - No encroachment or loss of wetlands is approved and no other habitat-related findings are made other than that the habitat protection/restoration designation for the San Diego Creek North area bordering San Diego Creek is consistent with and in furtherance of Coastal Act Sections 30231 and 302233. The impacts of the additional hotel rooms on the Newporter Resort would be subject to future CEQA/Coastal Development Permit requirements with full discretionary review. 1 ffimbdoma.519 I�� V) { IIM I.VVM ' .N If V W Vom. _ �.--M 1••R4vRNb \\-: - '\ ' f PORTION OF SLOGr 50 1 IN IRYINEIS SUSPIVISIM e, OPEN SPA E/ ;wS�IIitK OµI,VIV ¢ µ\ PUBLIC F40LITIES' 4 ACRES po f, v v Ovac167 Glifwei.DeNrtecvl W TtulfelYli aW wl•NIt - � of Ocvcb ncel Ayrscs<�1 AREAS K' S MELOPAMM AREA 00 OPEN SPACE. -PLEILICEACILIIES AT AC. TOTAL SITE 47 AGZZ— yAr vn¢rro \, P • ICI CONST VA 1 NTS MA \ /fFIlI�C f(RI IRVIIIE PKIfIC CDYWT 5w ICwm CCMICR MIK JAMBOREE / MAC ARTHUR NEWPORT BEACH CAL t F .. j aTl 1 s *JSA r P CIVIL`""K`"S '"`' FVIK. CA. VS MAPS NO F nf[AFfM15'FLIC. - EXISTING LANDSCAPE'-'-" CORNER l- t n rnia Department n and not a part Agrccment I NOTE: The proposed PCText does not identity a development area Open space uses VEGETATIVE COMMUNITIES will be pennidod on the she. Only limit- ed grading could be expected or associ- ated with habitat restoration: landscap. ® FRESHWATER MARSH ing. Any Improvements to drainage or transponatlonfacileies could also require grading on the site. _ Source: Steven Nelson BIOLOGICAL RESOURCES PROPOSED DEVELOPMENT AREAS 4TV SM inc. JAMBOREE/MACARTHUR CIRCULATION IMPROVEMENT & — OPEN SPACE AGREEMENT no scale 0City of Newport Bearh 91 (3 n t r - � - ,� _ 'W� : ' ' .^-•!`' AREAS • •• .� w �-.r ( r.- ^' l� �.1' - wawaovwa m.c f >waM w.e " •f" as .r: .' ..' :.��% -' �: .-..1 ate ' NATURAL OPEN SPACE / ! r ,i - • e FOR HABITAT ENHANCEMENT '. i ��' • ! !••- `.-�'•'� iw er• _ ._� 1 _ zo ACRES emmr ta AF . \��• , • '� ;- »: ./.r\• : : �o . �';t B BLIC •AC1l� . — rR ` t l- �'' - �i/!. - » ".:\� •` ,�..rs. - t` i t i ,c"• NOTE �� 1}�<� i V �r�_.:.-..- . . , .. • -L.. ..\ ti S'Roads show...... ��•� -�- �.�_� ==� J i i a. conceptual purposes only. Not included In "•'`t�. ~�., ' - \.' '�=•��- r 7i '� `I"` - Development Agree- •- J "': - --" �,^"'-� `;."�;•-_ ` ', .._'` .:.r-•c- mentper Addenuem '� ' .. •,L/ :.. ; r , Text. wI LEGEND 111119 �` - I ``� his �-'�— �'� .w- .:-� -.r..�+• "_" -- C 0 N S T R A I N T S M A P w \s3 SAN DIEGO, CREEK NORTH NEWPORT BEACH • CALIFORMA ;,,,,;•4�••;,, MAPi :�• � �/ f�` a �- • t " j :�=�:�:+�:;i:� ;::..:::.:..;.:...r::y... �:�:5. ..fir,..+,.:::77�••:i•J:.�::.;,. :'!.. ..!•;. is ! '•'7r}::y:.•:5::•i ':,•:.5::•: ::J,+ii v'+ }'C!:ri+r?i:;7":r J r •: {::;r{.:.:.•+:} :i r •..::::iYC::•::: �: •i'�'•'r j1C !.•.i...? r'... ._• •'��'17:i k:i}�j�{;; •il:i�}'?}�lj L4.•}Y;4.;'r,•}. ;;.;.,� •j7+ ::::{:•: •i'i;•'' f:::{-:ii::T:iY7} j?ji•L:' . �.: ti}i7 ✓'�+�:.r. : • •{•:: �.JI�C,:S},;�c�,�J;`:;:ji;}tijLir:4S o _ -. _ VEGETATIVE COMMUNITIES 0 f:�0011n...J RUDERAL 1" ® FRESHWATER MARSH «J' Source:Steven Nelson BIOLOGICAL RESOURCES PROPOSED DEVELOPMENT AREAS SAN DIEGO CREEK NORTH CIRCULATION IMPROVEMENT & OPEN SPACE AGREEMENT no scale City of Newport Beach 59 er ' TJ••'4ti.G — Y` Y -5 i$RR <tv i'•aSi.y' Ily fli. �/.^F•�idhl v�','al"� �,'<j�yiiz I �T'J'`� i>-�w ti!' f p �,!aY. t'tt ILI �.. `'�'���'•' �"� - tip ,fit !�, ,���a r✓as Rl rst � � I z a Sg y,.]: io,A;�y .'hy 2. �r Y pr•-+ t >; ,F S. z xz�.] c .,_ ��'-�rA��r a•b y�: �itv� +�2�,V 42([yyl l..'7 �' l l ^'��-i fly i'" '•x'l''•-iy� [r•-��• t •I F2�i; •} �' r - 5. � % `iz+r a"'�ii''�q'f'�' a��•o ��ry,,'h��,`C"+�� ��."b� 'iT c �c .� �: } �. is sl ��•. �'�wA.S�'�1• y'. cvY}� ,�•�t/}p _ 1 t. � - ♦ a: iR4 �r•.-..-.o.._w....•..-+..•�.. � .. .�.I �t .Ss�rrur . ��, 'fy i.�ly" t �g�•- .p^' a • • Attachment No. 2 COMMISSIONERS RAFT MINUTES CITY OF NEWPORT BEACH 2id'Q c�`�y�`cgoy�Oq s y 9h h FhO� ROLL INDEX CALL Gifford addressed Ms Clauson on the intent of allowing an auto dea ship to have an auto repair facility at hand. She didn't want a nice to g facility dealership and on a different location an unattractive body sh Ridgeway stated that we are already in a Use Permit ode. An automobile repair required a Use Permit previously and still do ,but now it must be tied to an automobile sales and that is causing a pro m. Delino suggested possible language re ing back to the word "ancillary' and adding in an adioinine location. Ridgeway pointed out that ' this situation these parcels do not adjoin. Newport Import use to the Ferrari dealership down the way so the problem may exist the . Public Hearin s closed. Motion Motion s made to delay this item until the next Planning Commission on Sept er 7th for further review and analysis. Ayes * * otion was voted on. MOTION CARRIED. Absent SUBJECT: Fletcher Jones, Motor Cars rtem No. 3 3300 Jamboree Road APPLICANT: Fletcher Jones, Jr. Use Permit No. 3565 (Public Hearing), P. 3565 General Plan Amendment No. 95-1(D), PA 95-1(D) Resolution No. 1400 esolution Local Coastal Program Amendment No. 39 (Public No. 1400 Hearing),Resolution Number 1401 CP No. 39 esolution Amendment No. 823 (Public Hearing), No. 1401 Resolution No. 1402 No. 823 esolution -4- No.l1402 • 0' e ' COMMISSIONERS MINUTES �y CITY OF NEWPORT BEACH ROLE CALL INDEX Tragic Study No. 108 TS No. 108 Development Agreement No. 6 amendment to DA No. 6 (CIOSA),ResolutionNo. 1403 Resolution Development Agreement No. 9, No. 1403 Resolution No. 1404 DA No. 9 Resolution Environmental Impact Report,No. 155. No. 1404 EIR No. 155 The applications being considered will, if approved, allow for the development of a new facility for Fletcher Jones Motorcars - Mercedes Benz. In addition to new and used car sales and leasing, the dealership will offer auto service, including body work, a parts department, customer lounge, and boutique retail sales areas. A substantial amount of the auto storage areas are enclosed in a parking structure. Staff reported that the staff report referenced the list of approvals needed to enable Fletcher Jones Motorcars to relocate their existing business and that this is a joint effort between the City of Newport Beach and Fletcher Jones. This relocation is necessary due to the problems of an expiring lease, present site location is not the best from dealership standpoint and site configuration is fragmented and does not allow business to operate in the most efficient manner. A Memorandum of Understanding has been entered into by the City, the dealership and The Irvine Company to establish the relationships and obligations and the benefits to each of the parties. This M,O.U, establishes cost-sharing provisions between Fletcher Jones Motorcars and the City of Newport Beach to facilitate the entitlement and other agency approvals needed to permit the auto dealership on the site which is located on the corner of Jamboree and new Bayview Way. The M.O.U. is a City Council approved, separate and freestanding document. The City,is providing a contract engineer who is dealing with other agency permits. City is not offering sales tax rebates or other give backs of long term. Ms Temple explained the handout on Off-site Mitigation Measures with minor modifications suggested in the EIR and included in the conditions of approval. These are clarifications of habitat restorations. The -5- COMMISSIONERS MINUTES CITY OF NEWPORT BEACH Alicamt 24 1995 ROLL INDEX CALL applicant was provided a copy of the handout at the request of Chairman Ridgeway. Staff discussed in depth the Development Agreement No. 6 (CIOSA) and the EIR. The TCA parcel will be transferred to the City following discussion by the City Council in the near future. Public Hearing was opened. Fletcher Jones, Jr., 37 Linda Isle - stated that he agrees to all the conditions set forth in the Planning Report. He was questioned by Ridgeway about the construction process for approval and commencement. If approval process is completed in October and November they hope to start grading in January and complete in early December, 1996. Grading plans and construction documents have begun. Emmett Berkery, 3345 Newport Boulevard - stated that since last November he has been a contract consultant to the City on the Fletcher Jones project among others. He explained that the Transportation Corridor Agency parcel is approximately a 2 1/2 acre parcel westerly of the proposed development. The TCA acquired this parcel from the Irvine Company to accommodate future construction of the JR 5 ramp which would take north bound Jamboree Road traffic onto north and west bound Route 73. That ramp is not part of the current corridor construction, it is identified for a future project. The City is acquiring this parcel from TCA and leasing to Fletcher Jones to accommodate the construction of the JR 5 ramp which would be built as a fly over or bridge ramp and the dealership would use the space underneath. If the JR 5 ramp was determined not to be built then the City would probably deed that parcel to Fletcher Jones. On August loth, the Corridor Agency Board of Director a 1 allow for U s that would roved two MO s pp the transfer of title from the Agency to the City with the Agency reserving the right to construct the ramp at a future date. These MOU's will be considered at City Council August 28th. Both of'these MOU's are acceptable to Fletcher Jones Motorcars with height and clearance -6- COMMISSIONERS MINUTES CITY OF NEWPORT BEACH August 24 1995 ROLL INDEX CALL concerns having been addressed. Southern California Edison and Fletcher Jones Motorcars have addressed issue of removal of electrical poles and overhead wires, to be removed prior to building. Within a month or so, alignments and agreements will be prepared by Edison with a three or four month time frame to relocate poles. Jim Harris, architect of record, of 2120 Main Street, Huntington Beach- clarified an item that referred to height of fence being 6 feet that is actually 8 feet. This 8 foot fence is a security fence on the back side perimeter of the.lot that will be screened with vine. A request has been made to change one of the wall structures adjacent to the 8 foot fence, that is still in the planning stage. On page 24, Item 26 all buildings shall be fully sprinklered per NFPA 13. There is one little building that is a wash rack and after having met with Building Department and Fire Departments, that is not a sprinklered building. Item 34, Use Permit for a restaurant only if it is opened to the Public for use. No Use Permit for a restaurant used for internal use re only. He reque sted clarification on the q handout of LSA Associates, Inc. pertaining to 4.7.31, regarding.use of soft light intensity fixtures which was explained can be sodium fixture or any fixture•that meets that standard of review. Gifford clarified with Harris the issue of 6 foot hedge screening and 8 foot high black vinyl coated chain link fencing covered with flowering vines. Also additional verbiage in Item No. 26 shall read ....unless otherwise determined by the Fire Department and Building Department. Dolores Otting, Newport Beach - asked staff for information on project costs for the City of Newport Beach. Also, the TCA land swap is due to salt water mitigation that will occur and eventually the City will be in charge of it later. Staff responded that one of the terms of transfer from the TCA to the City of the JR 5 ramp parcel is that the City will take,on the maintenance requirements for the mitigation the TCA is creating on the southerly side of Bayview Way. A cost analysis sheet was passed to Ms Auding and referenced. -7- COMMISSIONERS MINUTES CITY OF NEWPORT BEACH 2 v�s Fho� August 24, 1995 ROLL INDEX CALL Ms Clauson stated that the general overview of the cost is information from the MOU in preparation for this project. The actual cost evaluation and benefits have been negotiated through the City Manager and they are in the purview of the City Council. The action tonight for the Planning Commission is to focus on use of property as opposed to previous uses and evaluation of the environmental documents. The cost sheet handed out is a matter of public documentation and a copy was given to Ms. Auding. She was directed to ask any further questions of Council regarding this matter. Public Hearing was closed. Motion * Motion was made to recommend approval to City Council of Certification of EIR No. 155; General Plan Amendment No. 95-1(D), Resolution No. 1400; Local Coastal Program Amendment No. 39, Resolution No. 1401; Amendment No. 823, Resolution No. 1402; Traffic Study No. 108; Use Permit No. 3565 subject to discussed change and Condition 26; Development Agreement No. 6, Resolution No. 1403; Development Agreement No. 9, Resolution Number 1404 and to incorporate the Mitigation Measure 4.7.31 and 4.7.32. Motion was called for and an oral vote taken to recommend approval to City Council subject to the findings and conditions and Mitigation Absent * Measures 4.7-31 and 4.7-32. MOTION CARRIED. Ayes A. Environmental Impact Report No. ZSS: Findings: 1. That an Environmental Impact Report has been prepared for the project in compliance with the California Environmental Quality Act (CEQA),the State CEQA Guidelines and City Policy. -8- 1(7-I h COMMISSIONERS MINUTES Viso �F s CITY OF NEWPORT BEACH 04 oy �`2y�9o��oq.m Aupust 24 1995 ROLL CALL INDEX 2. That the proposed Final Ell?, which includes the Draft EIR, Comments and Responses,revisions to the Draft EIR, and all related documents in the record is complete and adequate to satisfy all the requirements of CEQA for the proposed project. 3. That the analysis and conclusions contained in the proposed Final EIR reflect the independent judgment of the Planning Commission. 4. That the Planning Commission has reviewed and considered the information contained in the proposed Final EIR prior to making its recommendations to the City Council. Ivfltigation Measures: 1. Prior to issuance of a grading permit, the grading contractor shall identify a spoils site for deposition of exported material. Such spoils site shall have obtained' CEQA clearance in accordance with the requirements of the local jurisdiction where the site is located. 2. As specified in the geotechnical report prepared for the site (Pacific Soils Engineering, Inc., May 1995), all loose, compressible natural soils and/or loose, compressible on-site fill soils should be removed from fill areas where exposed at final grade and replaced with compacted fills in accordance with the recommendations of the geotechnical engineer. All grading should be accomplished under the observation and testing of the project soils engineer and engineering geologist in accordance with the recommendations contained in the project geotechnical report, the current grading ordinance of the City of Newport Beach and earthwork specifications contained in Appendix F of the geotechnical report. The site preparation recommendations outlined in section 5.3 of the geotechnical report shall be followed. -9- COMMISSIONERS MINUTES T\� 9°\�� CITY OF NEWPORT BEACH August 24 1995 ROLL INDEX CALL 3. Prior to issuance of a grading permit, the applicant or successor in interest shall demonstrate to the City of Newport Beach Building Department that all facilities will be designed and constructed as specified in the City adopted version of the Uniform Building Code. 4. Development of the site shall be subject to a grading permit to be approved by the Building and Planning Departments. The application for grading permit shall be accompanied by a grading plan and specifications and supporting data consisting of soils engineering and engineering geology reports or other reports if required by the building official. 5. The grading plan shall include a complete plan for temporary and permanent drainage facilities, to minimize any potential impacts' from silt, debris, and other water pollutants. 6. The grading plan shall include a description of haul routes, access points to the site, watering, and sweeping program designed to minimize impact of haul operations. 7. An erosion, siltation and dust control plan shall be submitted prior to issuance of grading permits and be subject to the approval of the Building Department and a copy shall be forwarded to the California Regional Water Quality Control Board, Santa Ana Region. 8. The velocity of concentrated run-off from the project site shall be evaluated and erosive velocities controlled as part of the project design. 9. Grading operations and drainage requirements shall meet the standards set forth in the City's Building Code (Appendix Chapter 70 - Excavation and Grading, Sections 7001-7019) and the Building Department's General Grading Specifications. -10- I �� i • Y ♦ ' T COMMISSIONERS MINUTES °�,so'\\Q01041imil4v CITY OF NEWPORT BEACH August 24 1995 ROLL INDEX CALL 10. The erosion control measures shall be completed on any exposed slopes within thirty, days after grading, or as approved by the Building Department. 11. Fugitive dust emissions during construction shall be minimized by watering the site for dust control, containing excavated soil on- site until it is hauled away, and periodically washing adjacent streets to remove accumulated materials. 12. Prior to the issuance of any building permits a specific soils and foundation study shall be prepared and approved by the Building Department. 13. Sites where the potential for liquefaction has been identified, or any other site where the potential for liquefaction may be encountered during subsequent, investigations, shall be further evaluated by a geotechnical consultant to verify the low potential for liquefaction. The evaluation shall include subsurface investigation with standard penetration testing or other appropriate means of analysis for liquefaction potential. The project geotechnical consultant shall provide a statement concerning the potential for liquefaction and its possible impact on proposed development. If necessary, the geotechnical consultant shall provide mitigation measures which could include mechanical densification of liquefiable layers, dewatering, fill sur- charging or other appropriate measures. The Geotechnical Consultant's report shall be signed by a Certified Engineering 'Geologist and a Registered Civil Engineer and shall be prepared to the satisfaction of the Building Department prior to issuance of Grading Permit. Grading and building plans shall reflect the recommendations of the study to the satisfaction of the Building Department. 14. Any necessary diversion devices, catchment devices, or velocity reducers shall be incorporated into the grading plan and approved by the Building Department prior to issuance of grading permits. -11- COMMISSIONERS MINUTES ��� ��F999y�To�ys CITY OF NEWPORT BEACH August 24 1995 ROLL CALL INDEX Berms or other catchment devices shall be incorporated into the grading plans to divert sheet flow runoff away from areas which have been stripped of natural vegetation. Velocity reducers shall be incorporated into the design, especially where drainage devices exit to natural ground. 15. All fill slopes shall be properly compacted during grading in conformance with the City Grading Code and verified by the project Geotechnical Consultant. Slopes shall be planted with vegetation upon completion of grading. Conformance with this measure shall be verified by the Building Department prior to the issuance of occupancy permits. 16. Berms and brow ditches shall be constructed to the satisfaction and approval of the Building Department. Water shall not be allowed to drain over any manufactured slope face. Top-of-slope soil berms shall be incorporated into grading plans to prevent surface runoff from draining over future fill slopes. Brow ditches shall be incorporated into grading plans to divert surficial runoff from ungraded natural areas around future cut slopes. The design of berms and brow ditches shall be approved by the Building Department prior to issuance of grading permits. 17. Prior to the issuance of grading permits, appropriate artificial sub- stances shall be recommended by the project landscape architect and approved by the Building Department for use in reducing surface erosion until permanent landscaping is well established. Upon completion of grading, stripped areas shall be covered with artificial substances approved by the Building Department. 18. Prior to the issuance of grading permits, written recommendations for the mitigation of compressibletcollapsible soil potential for the project site shall be provided by the geotechnical consultant. Foundation recommendations shall be included. Recommendations shall be incorporated as conditions of approval for the site-specific tentative tract maps and grading -12- �� 2 • . e > COMMISSIONERS MINUTES- CITY OF NEWPORT BEACH August 24 1995 ROLL INDEX CALL plans to the satisfaction of the Building Department. Recommendations shall be based on surface and subsurface mapping, laboratory testing and analysis. Mitigation, if necessary, could include: removal and recompaction of identified compress- ible/collapsible zones, fill surcharging and settlement monitoring, compaction grouting, or foundation design which utilizes deep piles, or other recommended measures. The geotechnical consultant's site-specific reports shall be signed by a Certified Engineering Geologist and Registered Civil Engineer, and shall be approved by the Building Department. 19. Written recommendations for the mitigation of expansive and corrosive soil potential for each site, shall be provided by the project corrosion consultant, geotechnical consultant and/or Civil engineer. Foundation recommendations shall be included. Recommendations shall be based on surface and subsurface, mapping, laboratory testing and analysis and shall be incorporated into final building plans priorto issuance of building permits. The geotechnical consultant's site-specific reports shall be signed by a Certified Engineering Geologist and Registered City Engineer, and-shall be approved by the Building Department. 20. The project geotechnical consultant -and/or civil engineer shall prepare written site-specific reviews of the tentative tract maps and grading plans addressing all salient geotechnical issues, including groundwater. These reports shall provide findings, conclusions and recommendations regarding near-surface groundwater and the potential for artificially induced groundwater as a result of future development, and the effects cures. The � groundwater may have on bluffs slopes an d structures.g Y P for round subsidence on reports shall also address thepotentialg P the site and properties adjacent to the sites if dewatering is recommended. The geotechnical consultant and/or civil engineer's reports shall be signed by a Certified Engineering Geologist and Registered Civil engineer and shall be completed to -13- COMMISSIONERS MINUTES CITY OF NEWPORT BEACH ROLL INDEX CALL the satisfaction of the Building Department prior to issuance of a grading permit. 21. Prior to issuance of any grading permit, an erosion, siltation, and dust control plan shall be submitted, and shall be subject to the approval of the Building Department. 22. Prior to the issuance of any grading permit, the design engineer shall verify that the discharge of surface runoff from development of any site will be performed in a manner so that increased peak flows from the site will not increase erosion immediately downstream of the system. As part of this review, the velocity of concentrated runoff from the project shall be evaluated, and erosive velocities controlled as part of the final project design. This report shall be reviewed by the Planning Department and approved by the Building Department. 23. Erosion control measures contained in the erosion siltation and dust control plan shall be implemented on any exposed slopes ' within 30 days after grading, or as otherwise directed by the Building Department. 24. Any existing on-site drainage facilities shall be improved as required, or updated concurrent with grading and development, to the satisfaction of the Public Works and Building Departments. Improvement plans shall be approved by the Public Works Department prior to issuance of a grading permit. 25. Prior to the issuance of grading permits, the applicant (or applicant's grading contractor) shall provide to the Building and Public Works Departments haul route plans that include a description of haul routes, access points to the sites, and watering and sweeping program designed to minimize impacts of the haul operation. These plans shall be reviewed and approved by the Public Works Department. Copies of the plans shall be submitted to the City's Planning Department. -14- I�� 0 s • a. COMMISSIONERS MINUTES Aso � F9���os CITY OF NEWPORT BEACH ROLL August 24 1995 CALL INDEX 26. Prior to the issuance of grading permits, the applicant shall incorporate the following erosion control methods into grading plans and operations to the satisfaction of the Building Department. a. An approved material such as straw, wood chips, plastic or similar materials shall be used to stabilize graded areas prior to revegetation or construction. b. Airborne and vehicle borne sediment shall be controlled during construction by: the regular sprinkling of exposed soils and the moistening of vehicles loads. C. An approved material such as riprap (a ground cover of large, loose, angular stones) shall be used to stabilize any slopes with seepage problems to protect the topsoil in areas of concentrated runoff. 27. Prior to the issuance of grading permits, the project geotechnical consultant and/or civil engineer shall develop a plan for the diversion of storm water away from any exposed slopes during grading and construction activities. The plan shall include the use of temporary right-of-way diversions (i.e., berms or swales) located at disturbed areas or graded right-of-ways. The plan will be approved by the Public Works and Building Departments, and implemented during grading and construction activities. 28. The applicant shall provide a temporary gravel entrance located at every construction site entrance. The location of this entrance shall be incorporated into grading plans prior to the issuance of grading permits. To reduce or eliminate mud and sediment carried by vehicles or runoff onto public rights-of-way, the gravel shall cover the entire width of the-entrance, and its length shall be no less than 50 feet. The entrance plans shall be reviewed and -15- l� � COMMISSIONERS MINUTES �.� ���•,T� CITY OF NEWPORT BEACH sot990���9os August 24 1995 ROLL INDEX CALL approved by the Public Works and Building Departments con- current with review and approval of grading plans. 29. The applicant shall construct filter berms or other approved devise for the temporary gravel entrance. The berms shall consist of a ridge of gravel placed across graded right-of-ways to decrease and filter runoff levels while permitting construction traffic to continue. The location of berms shall be incorporated into grading plans prior to the issuance of grading permits. The plans shall be reviewed and approved by the Public Works and Building Departments. 30. During grading and construction, the applicant shall provide a temporary sediment basin located at the point of greatest runoff from any construction area. The location of this basin shall be incorporated into grading plans. It shall consist of an embankment of compacted soils across a drainage. The basin shall not be located in an area where its failure would lead to loss of life or the loss of service of public utilities or roads. The plan shall be reviewed and approved by the Building Department. 31. Notice of Intent. Prior to the approval of a grading permit, the project sponsor shall submit a Notice of Intent (NOI) with the appropriate fees for coverage of the project under the General' Construction Activity Storm Water Runoff Permit to the State Water Resources Control Board at least 30 days prior to initiation of construction activity at the site. The NOI shall include information about the project such as construction activities, material building/management practices, site characteristics, and receiving water information. As required by the General Construction Permit, the project shall develop and implement a Storm Water Pollution Prevention Plan (SWPPP), including inspection of storm water controls structures and pollution prevention measures. The SWPPP shall be -16- I � � COMMISSIONERS MINUTES \81_0(pollmlokx CITY OF NEWPORT BEACH Aurmst 24. 1995 ROLL CALL INDEX implemented concurrent with the beginning of the construction activities, and the plan shall'be kept on site. 32. Structural BMP Controls. Prior to the issuance of any Grading Permit, the project proponent shall ensure that the project includes implementation of appropriate structural Best Manage- ment Practices(BMPs)to reduce the extent of pollutants in storm water flows from the site. Said structural BMPs shall meet the approval of the Public Works Department. The following structural BMPs ,are suggested for consideration at the project site: Grassed or landscaped swales Reduction in the amount of directly connected impervious area(I)CIA) • Inlet trash racks or bars Filter strips. Maintenance of the selected structural BMPs will be required throughout the life of the project to ensure proper operation, 33, Non-Structural BMP Controls. Prior to the issuance of certificates of use and occupancy, the project proponent shall' submit an operations plan that ensures that the project operation- shall include non-structural BMPs, including the following: • Periodic cleaning(i.e., street sweeping) Routinely cleaning on-site storm drain manholes and catch basins • Source control surveys of all on-site industrial facilities -17- M COMMISSIONERS MINUTES CITY OF NEWPORT BEACH S'Oti t<`�q0� Pq°cr ROLL INDEX CALL • Controlling wash down of non-storm water discharges from project development facilities Providing information to employees on disposal of waste oil, grease, and pesticide containers Carefully controlling pesticide and fertilizer usage Providing covered areas for trash receptacles, or enclosed features to prevent direct contact with precipitation Efficient landscaping irrigation Common area litter control Housekeeping of loading docks. All non-structural BMPs shall meet the approval of the Public Works Department. 34. Water Quality Management Plan. Prior to the issuance of any building permit, consistent with the Drainage Area Management Plan (DAMP) prepared by the County of Orange for compliance with their municipal storm water NPDES permit requirement, the project proponent shall prepare a Water Quality Management Plan (WQMP). Said WQMP shall meet the approval of the Public Works Department. The WQMP shall indicate the proposed structural and non-structural, permanent storm water quality control measure to be utilized for the project, shall identify the potential pollutant source on the project, and shall describe how the project implements the objectives outlined in the DAMP. 35. Prior to issuance of a grading permit, the final plan of water, sew- er and storm drain facilities shall be approved by the Public Works Department. Any systems shown to be required by the review shall be the responsibility of the developer, unless -18- COMMISSIONERS MINUTES CITY OF NEWPORT BEACH ROLL INDEX CALL otherwise provided for through an agreement with the property owner or serving agency. 36. Prior to approval of building permits, the project should contrib- ute, on a fair share basis, towards the cost of the improvement at the intersection of Jamboree Road/Bristol Street North. Said contributions shall meet with the approval of the Director of Public Works. 37. Standard dust control practices dictated by SCAQMD Rule 403 shall be followed. 38. The applicant shall specify the use of concrete, emulsified asphalt, or asphaltic cement, none of which produce significant quantities of VOC emissions. 39. Any rooftop or other mechanical equipment shall be sound attenuated in such a manner as to achieve a maximum sound level of 55 dBA at the property line. 40. Any mechanical equipment and emergency power generators shall be screened from view, and noise associated with said installations shall be sound attenuated so as not to exceed 55 dBA at the property line. The latter shall be based upon the recommendations of a licensed engineer practicing in acoustics, and shall be approved by the Planning Department. 41. Pursuant to the City of Newport Beach Noise Ordinance Section 10.28.0400 construction adjacent to existing residential development shall be limited to the hours of 7:00 a.m. to 6:30 p.m. Monday through Friday, and 8:00 a.m. through 6:00 p.m. on Saturday. Construction shall not be allowed outside of these hours Monday through Saturday or at any time on Sundays and federal holidays. Verification of this shall be provided to the Planning Department. -19- COMMISSIONERS MINUTES CITY OF NEWPORT BEACH 9s Fro\ Au st 24 1995 ROLL INDEX CALL 42. Final project design will include measures to buffer the project from adjacent wetland areas, including the SJHTC mitigation site and the existing wetland adjacent to the southeast corner of the project. The final buffer design shall be approved by the California Department of Fish and Game and the California Coastal Commission. While a combination of landscaping and the presence of the Bayview extension may be considered adequate to buffer the project from the SJHTC mitigation site, additional measures will likely be required for the nearer existing wetland site. Design measures to be considered include a five foot high concrete block wall or equivalent barrier that will preclude human access from the project site and reduce the effects of human activity. 43. Impacts resulting from the use of non-native, invasive plant species will be mitigated by developing a landscape plan that avoids the use of non-native invasive plants. A landscape plan prepared with consideration of the following information must be approved by the City prior to the issuance of building permits: Prohibited Species All non-native plants that are potentially invasive via airborne seeds, or that are particularly difficult to control once escaped, will be prohibited from all parts of the project. Such species include, but are not limited to, the following: Tree-of-heaven (Ailanthus spp.) Giant reed(Arundo donax) Garland chrysanthemum(Chrysanthemum coronarium) Pampas grass (Cortaderia spp.) • Brooms (Cytisus spp.) Bermuda buttercup (Oxalis pes-caprae) Fountain/Kikuyu grass (Pennisetum spp.) German ivy(Senecio mikanoides) -20- I�� • ,r * A COMMISSIONERS MINUTES CITY OF NEWPORT BEACH oy y9o��Pgos AuLrust24. 1995 ROLL CALL INDEX Tamarisk(Tamarix spp.). Pernritled Species Some invasive, exotic species are known to be controllable in well managed situations. Such species may be used in project landscaping if a City approved biologist approves the species and proposed use. For example, areas that are separated from existing wetland areas by a substantial area of paving could be planted with hybrid bermuda grass. Non-native, invasive species that could be used under these circumstances include, but are not limited to, the following: Hottentot-fig(Carpobrolus ednlis)l Bermuda grass (Cynodon dactylon) Myoporum(Myoponim laetum) Pepper trees(Schinus spp.) Cape Honeysuckle(Tecomaria capensis)t Periwinkle(Vinca spp.). t Should be prohibited in areas adjacent to natural open spaces. Z Hybrid Bermuda grass, which is sterile or produces only sterile seed, should be permitted in landscaped areas, when surrounded by an appropriate hardscape buffer or an apron of non-invasive plant species (to prevent vegetative spread into natural'areas). 44. The effects of night lighting on adjacent natural areas, including the SJHTC mitigation site, will be reduced' by the design of lighting that is either low intensity or highly directional. Prior to the issuance of building permits, a lighting plan shall be approved by the City, demonstrating that appropriate lighting will be installed,for the display area, parking lots-and areas adjacent to wetlands to minimize spillage into the habitat areas. The plan will -21- ��v COMMISSIONERS MINUTES \ ��0 CITY OF NEWPORT BEACH �SOC �F�F` 2��'�j� ROLL INDEX CALL include, but not be limited to, lighting directed onto the project site, and the use of soft light intensity fixtures. Prior to the issuance of any certificate of use and occupancy, the project proponent shall provide evidence,'meeting the approval of the City, that the installed lighting meets the objectives of the plan. If necessary, shields on the back of lights or other screening shall be placed to cut off light beyond project area. 45. Prior to the issuance of grading permits for the project, a detailed Interim Habitat Loss Mitigation Plan (IHLMP) shall be prepared by the City and submitted to the U.S. Fish and Wildlife Service (USFWS) and California Department of Fish and Game (CDFG) for approval. The purpose of these measures is to increase the amount and quality of scrub habitat that can be utilized by the California gnatcatcher and other species that require this habitat. This will both compensate for the project induced loss of potential breeding habitat and increase the potential for wildlife movement by increasing the size of important populations. The specific habitat replacement and exotic weed removal measures discussed below are to be incorporated into the detailed IHLMP, although they may be modified with the approval of the California Department of Fish and Game and the U.S. Fish and Wildlife Service. The detailed IHLMP will include the following elements: Overview/Objective Plant Palettes and Planting Densities Planting Methods and Timing Site Preparation Exotic Weed Removal Irrigation Maintenance Performance Standards _22_ I g3 COMMISSIONERS MINUTES 011i�1P0 c 9� � \ CITY OF NEWPORT BEACH ROLL CALL INDEX • Monitoring • Remedial Measures. The implementation of these measures will occur at the first feasible opportunity, with consideration of site preparation and plant propagule collection requirements. 46. An approximately 3.5 acre portion of the City owned property in the Big Canyon area adjacent to Upper Newport Bay shall be restored/converted to coastal sage scrub habitat. It is estimated that the additional habitat to be created is sufficient to increase the California gnatcatcher population by at least one pair. 47. As part of the Big Canyon restoration effort, the City will implement a three year program for the removal of pampas grass and myoporum from City property in the mouth of Big Canyon (Figure 4.7.2). The first year will concentrate on initial removal at an appropriate time of year, i.e., prior to seed formation. The following two years will consist of spot removal of new seedlings or root sprouts. 48. City Council' Policy K-5 outlines the City's requirements with respect to archaeological resources. The following specific measures are recommended in conformance with Policy K 5. A. A qualified archaeologist shall be present during pregrade meetings to inform the project sponsor and grading contractor of the results of any previous studies. In addition, an archaeologist shall be present during grading activities to inspect the underlying soil for cultural resources. If significant cultural resources are uncovered, the archaeologist shall have the authority to stop or temporarily divert construction activities for a period of 48.hours to assess the significance of the find. -23- i 1°q COMMISSIONERS MINUTES' �o�y� F9 ti�o?�s CITY OF NEWPORT BEACH 2 vh h�F9 Au st 24 1995 ROLL INDEX CALL B. In the event that significant archaeological remains are uncovered during excavation and/or grading, all work shall stop in that area of subject property until an appropriate data recovery program can be developed and implemented. The cost of such a program shall be the' responsibility of the project sponsor. C. Prior to issuance of any grading or demolition permits, the applicant shall waive the provisions of AB 952 related to City of Newport Beach responsibilities for the mitigation of archaeological impacts in a manner acceptable to the City Attorney. 49. Any sites uncovered shall be mitigated pursuant to Council Policy K-5. Where further testing or salvage is required, the applicant shall select a City approved, qualified archaeologist to excavate a sample of the site. All testing and salvage shall be conducted prior to issuance of grading permits or use of an area for recreational purposes. A written report summarizing the findings of the testing and data recovery program shall be submitted to the Planning Department within 90 days of the completed data recovery program. 50. The applicant shall donate all archaeological material, historic, or prehistoric, recovered during the project to a local institution that has the proper facilities for curation, display and study by qualified scholars. All material shall be transferred to the approved facility after laboratory analysis and a report have been completed. The appropriate local institution shall be approved by the Planning Department based on a recommendation from the, qualified archaeologist. 51. A pre-grade reconnaissance of the area shall be made by a qualified paleontologist to assess whether any significant fossils currently are exposed. Any fossils observed and deemed significant shall be salvaged. -24- COMMISSIONERS MINUTES �\sP�9pA0 �0 �0. ?ion cF9�vLo�q� CITY OF NEWPORT BEACH 9`���``}��\ Aueust 24 1995 ROLL CALL INDEX 52. A qualified paleontologist shall be retained to monitor and, if necessary, salvage scientifically significant fossil remains. 53. The paleontologist shall have the power to temporarily divert or direct grading efforts to allow the evaluation and any necessary salvage of exposed fossils. 54. Monitoring shall be on,a full-time basis during grading in geologic units of high paleontologic sensitivity. 55. Spot-checking of low sensitivity sediments shall be conducted by a qualified paleontologist. Should significant fossils be observed during grading in these units, full-time monitoring may be required. 56. All collected fossils shall be donated to a museum approved by the City of Newport Beach Planning Department. 57. A final report summarizing findings, including an itemized inventory and contextual stratigraphic data, shall accompany the fossils to the designated repository; .an additional copy shall be sent to the appropriate Lead Agency. 58. A landscape screen and/or equivalent barrier shall be constructed along the northeastern project boundary to screen service areas from view from the Jamboree Road southbound on-ramp and from the bicycle trail that will parallel'the on-ramp. 59. Prior to approval of a grading permit, grading specifications for the,project shall require the following to the satisfaction of the Building Department: a) All trash on the site shall be disposed of properly. I -25- �Sb COMMISSIONERS MINUTES ��P.�-� CITY OF NEWPORT BEACH sos ``k9 s August 24, 1995 ROLL INDEX CALL b) Hazardous materials residue in the vicinity of the five gallon solvent can and the tar residue identified on the wood debris and soils shall be removed and disposed of properly. After removal of the debris, soils in the vicinity of the contaminated sites shall be tested to ensure proper cleanup, per the recommendations of the environmental remediation engineer. c) Creosote treated power poles shall be removed and disposed of properly upon relocation, per the recommendations of the environmental remediation engineer. d) Any abandoned septic tanks systems encountered during grading shall be disposed of properly, per City of Newport Beach requirements. 60. Prior to the approval of a grading permit, the project proponent shall determine the appropriate method of wastewater disposal to the satisfaction of the Public Works Department. 61. If disposal through a septic tank system is selected, the project proponent shall construct the system in compliance with "On-Site Sewage Absorption System Guidelines" prepared by the Orange County Health Care Agency. Consistency with said guidelines shall be determined by the Public Works Department prior to issuance of a grading permit for any septic tank facilities. The septic tank shall be operated in a manner to avoid pollution of local groundwater supplies. 13 General Plan Amendment No. 95-1(D); Adopt Resolution No. 1400 recommending City Council approval of GPA 95-l(D). -26- U� • . ` 4 . I COMMISSIONERS MINUTES T\ iloa \ CITY OF NEWPORT BEACH � August 24, 1995 ROLL CALL INDEX C Local Coastal Program Ainendnrent No. 39: Adopt Resolution No. 1401 recommending City Council approval o Local Coastal Program Amendment No. 39. D. Amendment No. 823: Adopt Resolution No. 1402 recommending City Council approval o Amendment No. 823. E. Trafric Study No. 108: Findings: 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the peak-hour traffic and circulation system in accordance with Chapter 15 of the Newport Beach Municipal Code and City Policy S-1. 2. That the Traffic Study indicates that the project-generated traffic will neither cause nor make worse an unsatisfactory lever of traffic on any 'major,"primary-modified,'or'pdmary street, 3. That the Traffic Study indicates that the project-generated traffic will be,greater than one percent of the existing traffic during the 2.5 hour peak period on six of the nineteen study intersections and that the ICU analysis for five of those six 'intersections indicates that the resulting ICU is not made worse and is not considered a significant' impact. Conditions: 1. That per the Traffic Phasing Ordinance (00) Analysis, no significant project impacts are identified. Currently scheduled and -27- l�� COMMISSIONERS MINUTES T\sF 90 Aso 4�"�F9�v�X,2o CITY OF NEWPORT BEACH 'l' '9h hl�9rn Au2ust 24 1995 ROLL \ INDEX CALL fully-funded projects will be completed prior to or at project occupancy to off-set any project impacts. 2. That in the General Plan buildout, the project contributes towards a significant impact at the intersection of Jamboree RoadBristol Street North. That the project should contribute, on a fair share basis, towards the cost of the improvements identified at that project study area intersection. F. Use Permit No. 3565, Approve the use permit, making the following findings and with the following conditions of approval. Findin s: 1. That the proposed development is consistent with the General Plan and the Local Coastal Program, Land Use Plan, and is compatible with surrounding land uses. 2. That adequate on-site parking is available for the existing and proposed uses. 3. That the proposed development will not have any significant environmental impact. 4. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 5. That the Police Department has indicated that they do not ' contemplate any problems from the proposed operation. 6. That the proposed use of roof top parking will not, under the circumstances of this particular case, be detrimental to the health, -2g- I�� COMMISSIONERS MINUTES 010 Zion � F9�r o � CITY OF NEWPORT BEACH 9a� mo \ August 24, 1995 ROLL CALL INDEX safety, peace, comfort and general welfare of the persons residing or working in the neighborhood or the general welfare of the city. 7. That public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. 8. That adequate provision for vehicular traffic circulation is being made for the auto sales facility. 9. The approval of Use Permit No. 3565 will not, under the circumstances of the case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in.the neighborhood or the general welfare of the City and further that the proposed modification related to the proposed signing is consistent with the legislative intent of Title 20 of this Code. Conditions: 1. That development shall be in substantial conformance with thr approved site plan, floor plan and elevations, except as noted below. 2. That the required on-site parking be provided consistent with the approved site plan. 3. That all signs shall conform to the provisions of Chapter 20.06 of the Newport Beach Municipal Code. Said signs shall be approved by the City Traffic Engineer if located adjacent to the vehicular ingress and egress.. 4. That the project shall comply with State Disabled Access requirements. 5. That all improvements be constructed as required by Ordinance and .the Public Works Department. -29- ��a COMMISSIONERS MINUTES- CITY OF NEWPORT BEACH ti 9`� �� � August 24, 1995 ROLL INDEX CALL 6. That the on-site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the City Traffic Engineer. 7. That the intersection of the private drives at Bayview Way be designed to provide sight distance for a speed of 50 miles per hour. Slopes, landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty four inches in height. The sight distance requirement may be modified at non-critical locations, subject to approval of the Traffic Engineer. 8. That the applicant shall prepare a landscape plan to 'be approved prior to the issuance of Building Permits. Said plan shall be approved by the Public Works Department, Planning Department, and the General Services Department. 9. That asphalt or concrete access roads shall be provided to all public utilities, vaults, manholes, and junction structure locations, with width to be approved by the Public Works Department. 10. That all vehicular access rights to Jamboree Road be released and relinquished to the City of Newport Beach. 11. That County Sanitation District fees be paid prior to issuance of any building permits. 12. That the construction of the Bayview Way improvements be in accordance with the agreements between the City of Newport Beach and Fletcher Jones Motor Cars. That a sidewalk be constructed along the Jamboree Road frontage. All work within the public right- of-way shall be completed under an encroachment permit issued by the Public Works Department. 13. That street, drainage and utility improvements be shown on standard improvement plans prepared by a licensed civil engineer. -30- 1�1y A COMMISSIONERS MINUTES i001-- molilikilo"P�\ CITY OF NEWPORT BEACHAugust 24, 1995 ROLL INDEX CALL 14. That a drainage plan be prepared by the applicant and approved by, the Public Works Department. Any modification or extensions to the existing storm dram, water and sewer systems shown to be required by the study shall be the responsibility of the developer. 15. That the Edison transformer serving the site be located outside the sight,distance planes as described in City Standard 110-L. 16. Disruption caused by construction work along .roadways, and by movement of construction vehicles shall be minimized by proper use of traffic, control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and,local requirements. A traffic control plan shall be reviewed and approved by the Public Works Department. There shall be no construction storage or delivery of materials within, the Jamboree Road right-of-way. 17. That a fire protection system acceptable to the Fire Department be installed by the developer and tested by the Fire Department prior to storage of any combustible materials or start of any structural framing. 18. That the developer obtain permission from the Metropolitan Water District and Mesa Consolidated Water District to construct within their easements. 19. That the raised island nose at the entrancelexit shall be pulled back so that it is entirely on private property. 20. That the landscaping at the entrance shall conform to City sight Distance Standard No. 110-L 21. That HC (handicap) parking be shown on the parking plan and that adequate customer and employee parking be provided.to current City -31- COMMISSIONERS MINUTES T\sF 9010 \>�d ��oticF��9To��s CITY OF NEWPORT BEACH August 24, 1995 ROLL INDEX CALL standards. All handicap parking shall be designated with a sign and pavement marking. 22. That the monument signs, slopes, walls and landscaping along the Jamboree Road frontage shall be considered in the site distance requirements. The Bayview Way and Jamboree Road intersection shall be designed to provide sight distance of 50 miles per hour. 23. That all unloading and loading of vehicles shall be done on-site. 24. That site access shall be provided for emergency access per City Fire/Marine and Public Works standards. 25. That on-site fire hydrants shall be provided as required in the Uniform Building Code and Fire/Madne standards. 26. That all buildings shall be fully sprinklered per NFPA 13 and Fire/Marine standards unless otherwise determined by the Fire Department and Building Department. 27. That the applicant shall provide fire protection equipment and devices associated with special hazards presented in design of the facility and protect those hazards as prescribed in the Uniform Building Code and nationally recognized standards as approved by the Fire/Marine Departments. 28. That all automobile servicing, repair, washing and detailing shall be conducted within the building. 29. That all,wash water shall drain into the sanitary sewer system and that grease traps shall be provided in all drains where petroleum residues may enter the sewer system, unless otherwise approved by the Building Department and the Public Works Department. 30. That the illumination of any open automobile display area or roof top parking area shall be designed and maintained in such a manner as to -32- l�� • a T COMMISSIONERS MINUTES 0i \ CITY OF NEWPORT BEACH MOR �soy,C� August 24, 1995 ROLL CALL INDEX eliminate direct light and glare on adjoining properties southerly and westerly of the site. A timing device shall turn off any light facing towards the residential properties or neighboring properties.at 10:00 p.m. every night. Said design features shall be incorporated into a lighting plan prepared and signed by a Licensed Electrical Engineer, with a letter from the engineer stating that, in his opinion, that these requirements have been met. That the lighting and illumination plan for the roof top parking area shall be subject to the approval of the Planning Director, 31. That no outdoor loudspeaker or paging system shall be permitted in conjunction with the proposed operation unless otherwise approved the Planning Department, 32. That no windshield signs shall be permitted, and that all signs shall meet the requirements of Chapter 20.06 of the Municipal Code. 33. That no banners, pennants, balloons, wind signs, moving signs, or flashing or animated electrical signs shall be displayed. 34. That a Use Permit shall be required for the establishment of a restaurant that is open to the general public, within the facility. 35. That the project comply with the Uniform Building Code, disabled access,and energy regulations. 36. Health Department approval is required for the food establishment located within the project. 37. That where grease may be introduced into the drainage systems, grease interceptors shall be installed on all fixtures as required by the Uniform Plumbing Code, unless otherwise approved by the Building Department and the Utilities Department. 38. That all employees shall park on-site. -33- 1 COMMISSIONERS MINUTES CITY OF NEWPORT BEACH August 24, 1995 ROLL INDEX CALL 39. That the hours of operation shall be limited between 6:00 a.m. and 10:00 p.m. daily. 40. That all trash areas shall be screened from adjoining properties and streets. 41. That the project shall be designed to eliminate light and glare spillage on adjacent uses. 42. That a washout area for refuse containers be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or storm drains, unless otherwise approved by the Building Department and the Public Works Department. 43. That Coastal Commission approval shall be obtained prior to issuance of any grading or building permits unless otherwise approved by the Public Works Department and the Planning Department. 44. That the Planning Commission may add to or modify conditions of approval to this Use Pemut or recommend to the City Council the revocation of this Use Permit, upon a determination that the operation which is the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 45. That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. G. Development Agrwnent No. 6(CIOSA): Adopt Resolution No. 1403 recommending City Council approval of Revisions to Development Agreement No. 6. -34- 1� COMMISSIONERS MINUTES T0iPF9pA\�lmllhe\\ � 1K CITY OF NEWPORT BEACH 4 August 24, 1995 ROLL INDEX CALL H. DevelopmentAereententNo. 9: Adopt Resolution No. 1404 recommending City Council approval of Development Agreement No. 9. Motion was called for and MOTION CARRIED. UBJECT: Commercial District Policy Review and discussion of draft. Staff in 'ated this item stating that the goal has been to involve the Planning mmission, more before Public Hearing stage by reviewing drafts of mate ' is and having the opportunity for informal discussion. In this case, the Ci Council initiated a General Plan Amendment and sent it to the Plannin Commission. The City Council minutes and original version are inclu d in the packet. It has been subsequently reviewed by both the nomic Development Committee and Environmental Quality Affairs ommittee and their comments are included. However, since that time there have been ouple of studies done, Linda Congleton Retail Study and a variety of re t recommendations from the Economic Development Committee and a 1 oint Plan put forth by the City Council appointed Balboa Peninsula lanning Advisory Committee. On this basis staff revised the original P Amendment to reflect these findings. The City Council.has given a high priority to upgrading the co mercial districts which form the City's villages. To this end, the Land Us Ian has guidelines to-control the intensity, character and traffic of commer development. -35- ATTAC* NO. 3 RESOLUTION NO._ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT NO. 155 FOR THE FLETCHER JONES MOTORCARS PROJECT WHEREAS, the City of Newport Beach proposes to approve the Pletcher Jones Motorcars project,which Includes the following discretionary actions: 1. General Plan Amendment No.95.1 (D) 2. Local Coastal Plan Amendment No.39 3. Amendment No.823 4. Use Permit No.3565 5. Traffic Study No. 108 6. Amendment to Development Agreement No.6 7. Approval of Development Agreement No.9 WHEREAS, in compliance with the California Environmental Quality Act (California Public Resources Code Sec. 21000 et seq.) and the CEQA Guidelines (Cal. Code of Regulations Sec. 15000 et seq.), Draft Environmental Impact Report (DEIR) No. 155 has been, prepared to address the environmental effects, mitigation measures, and project alternatives associated with the discretionary approvals necessary to implement the proposed project;and WHEREAS, the DEIR was circulated to the public for comment and review;and WHEREAS,written comments were received from the public during and after the review period; and WHEREAS, Final EIR No. 155 contains written responses to such comments as required by CEQA;and WHEREAS,the Planning Commission and the City Council of the City of Newport Beach conducted public hearings to receive public testimony with respect to the DEIR;and WHEREAS, Section 21081 of CEQA and Section 15091 of the CEQA Guidelines require that the City Council make one or more of the following Findings prior to the approval of a project for which an EIR has been completed,Identifying one or more significant effects of the project,along with Statementsrof Facts supporting each Finding. FINDING 1: Changes or alterations have been required In, or incorporated Into, the project which mitigate or avoid the significant environmental effects thereof as identified in the EIR. FINDING 2: Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the Finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. O FINDING 3: Specific economic, social or other considerations make Infeasible the mitigation measures or project alternatives identlned In the EIR;and WHEREAS,Section 15092 of the CEQA Guidelines provides that the Cityshall not decide to approve or carry out a project for which an EIR was prepared unless it has (A) Eliminated or substantially lessened all significant effects on the environment where feasible as shown in the findings under Section 15091,and (E) Determined that any remaining significant effects on the environment found to Abe unavoidable under Section 15091 are acceptable due to overriding concerns as described in Section 15093tand WHEREAS,Section 15093 (a) of the CEQA Guidelines requires the City Council to balance the benefits of a proposed project against Its unavoidable environmental risks In determining whether to approve the project;and WHEREAS, Section 15093 Qt) of the CEQA Guidelines requires, where the decision of the City Council allows the occurrence of significant effects,whlch are Identified in the EIR but are not mitigated, the City must state in writing the reasons to support its action based on the EIR or other Information In the record;and WHEREAS, Section 21081.6 of CEQA requires,where an EIR has been prepared for a project for which mitigation measures are adopted, that a mitigation monitoring or reporting program be adopted for the project. NOW, THEREFORE, BE IT RESOLVED that the City Council has reviewed and considered Final Environmental Impact Report No. 155 for the Fletcher Jones Motorcars project and does hereby certify that the Final BIR Is complete and adequate In that it addresses all known environmental effects of the proposed project and fully complies with the requirements of the California Environmental Quality Act and the CEQA Guidelines. 'final HU No. 155 is comprised of the following elements: 1. Draft EIR No. 155 and Technical Appendices 21 Comments received on the DEIR and Responses to those Comments 3. Planning Commission Staff Reports 4. Planning Commission Minutes 5. Planning Commission Findings and Recommended Conditions for Approval 6. Mitigation Monitoring and Reporting Program 2 ly�� All of the above information is on file with the Planning Department, City of Newport Beach, City hall, 3300 Newport Boulevard, Newport Beach, California 92659.1768, (714) 644.3225. BE IT FURTHER RESOLVED that the Final EIR contains a reasonable range of alternatives that could feasibly attain the basic objectives of the project, even when those alternatives might impede the attainment of other project objectives and might be more costly. BE IT FURTHER RESOLVED that although the Final EIR identifies certain significant environmental effects that could result if the proposed project is constructed, all feasible mitigation measures that could eliminate or substantially reduce those adverse effects have been included in the proposed project as described in the Final EIR. BE IT FURTHER RESOLVED that the City Council finds and determines that the proposed project should be approved. In making this determination, the City Council has balanced the benefits of the project against its environmental risks, as required by CEQA. Those alternatives and mitigation measures not incorporated into the project are rejected as infeasible, based upon specific economic, social and other considerations as set forth In the Statement of Findings and Facts, attached hereto as Exhibit A, and the Final EIR. The facts listed in support of each Finding with respect to the significant impacts identified in the Final EIR are true and are based upon substantial evidence in the record. The unavoidable significant adverse impacts of the project,as identified in the Statement of Findings and Facts, that have not been reduced to a level of insignificance will be substantially reduced by the imposition of conditions and mitigation measures. The City Council further finds that the remaining unavoidable significant impacts are clearly outweighed by the economic,social and other benefits of the project,as set forth in the Statement of Overriding Considerations(Exhibit B), incorporated herein by reference. The information contained in the Statement of Overriding Considerations Is true and is supported by substantial evidence in the record. BE IT FURTIIER RESOLVED that the monitoring requirements of Public Resources Code Sec.21081.6 (AB 3180 of 1988)will be met through the design of the project, required compliance with City building,grading and other codes and ordinances,and required compliance with the adopted mitigation measures and conditions of approval. A Mitigation Monitoring and Reporting Program for the project is attached as Exhibit C and incorporated herein by reference. 3 �D DC IT FURTHER RESOLVED that Final EIR No._,the Statement of Findings and Facts, and the Statement of Overriding Considerations, and all of the information contained' therein accurately reflect the Independent judgement of the City Council. ADOPTED THIS_day of, . 1995. MAYOR ATTEST; CITY CLERK Attachments: Exhibit A:Statement of Findings and Facts Exhibit E:Statement of Overriding Considerations Exhibit C:Mitigation Monitoring and-Reporting Program EXHIBIT A STATEMENT OF FINDINGS AND FACTS FLETCHER JONES MOTORCARS SIGNIFICANT ENVIRONMENTAL EFFECTS OF THE PROPOSED PROJECT,FINDINGS WITH RESPECT TO SAID EFFECTS,AND STATEMENTS OF FACT IN SUPPORT THEREOF, ALL WITH RESPECT TO THE PROPOSED FLETCHERJONES MOTORCARS PROJECT LOCATED ON JAMBOREE ROAD AT BAYVIEW WAY IN THE CITY OF NEWPORT BEACH,CA I. INTRODUCTION The California Environmental Quality Act ("CEQA") at Public Resources Code Section 21081 provides that: "(No) public agency shalt approve or carry out a project for which an environmental impact report has been certified which identifies one or more significant effects on the environmental that would occur if the project Is approved or carried out unless both of the following occur: (a) The public agency makes one or more of the following findings with respect to each significant impact: (1) Changes or alterations have been required in, or Incorporated into, the project which mitigate or avoid the significant effects on the environment. (2) Those changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency. (3) Specific economic, legal, social, technological, or other considerations make infeasible the mitigation measures or alternatives identified in the environmental impact report. (b) With respect to significant effects which are subject to a finding under paragraph (3) of subdivision (a), the public agency finds that specific overriding economic, legal, social, technological,or other benefits of the project outweigh the significant effects on the environment." In making the findings required by Section 21081, the public agency must base its findings on substantial evidence in the record. Final EIR No. 155, for the Fletcher Jones Motorcars project and related discretionary actions, Identified significant environmental impacts prior to mitigation that may occur as a result of the project. Thus, In accordance with the provisions of CEQA, the City Council of the City of Newport Beach hereby adopts these findings as part of its action to certify Final EIR No. 155 and approve the Fletcher Jones Motorcars Project. A mitigation monitoring and reporting program has been prepared to monitor and report the Implementation of the mitigation measures identified for the project. The mitigation monitoring and reporting program was developed In compliance with Public Resources Code Section 21081.6 and is contained in a separate document(Exhibit C). Findings regarding significant adverse environmental impacts are included below and addressed in more detail in the Statement of Overriding Considerations. H. DESCRIPTION OF THE PROTECT PROPOSED FOR APPROVAL Consistent with the intent of CEQA,CEQA Guidelines,and of relevant judicial interpretations of CEQA, the "project" addressed in the Pletcher Jones Motorcars EIR is defined to Include development of 114,000 square feet of the dealership on an 8.7 acre site,including showrooms, offices, indoor storage, and automotive repair areas, as well as outdoor display areas, parking'n 4"� lots, and landscaping. The proposed dealership would be a multi-level structure cascading down the side of the hill from the Route 73 freeway towards Bayview Way. The project also includes paving the extension of Dayview Way for a distance of 700 feet,east of JamboreeTtoad along the project frontage,where the roadway would terminate,at least on an Interim basis. Discretionary actions include a General Plan Amendment,local coastal plan amendment,zoning amendment,use permit,development agreement amendment and:tmflic study, III. FINDINGS ON SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT A. LAND USE 1. IMPACT • Loss of Open Space: The project will contribute to cumulative loss of open spice in-the region. • FINDING: Regional efforts are,under way to preserve open space In the vicinity of the project. • FACTS IN SUPPORT OF THE FINDING: The significant cumula- tive Impact that will result from the loss of open space is partially , mitigated through ongoing programs to preserve open space In the vicinity of.the project. The cities of Newport Beach and Irvine, and the University of California at Irvine, have developed open space preservation programs. The City of Newport Beach has adopted the Circulation Improvement and Open Space Agre- ement,which preserves open space In the City. The City of Irvine has adopted the conservation and open space amendments to its General Plan (GPA-16), which call for the preservation of open spaces within its jurisdiction. The Long Range Development Plan for the University of California at Irvine also calls for the preservation-of portions of the campus as an open space reserve. Notwithstanding the above, the development allowed under adopted General Plnns of the City of Newport Beach, the City of Irvine and the University of California at Irvine will result In a cumulative loss of open space in the areas surrounding the project site. The significant cumulative environmental effect has been substantially reduced by virtue of the measures described above. The identified impact may not be reduced to a level that Is not significant,however. Specific economic, legal, socinl, technological, and other considerations make Infeasible mitigation measures identified In the EIR and/or project alternatives described In Chapter 5 of the EIR,in that: (a) The existing General Plan of the City of Newport Beach envisions development of the project site and consequent loss of open space. (The impact is not a new Impact) (b) Development of the project site, nlbeit with different land uses,was envisioned in the CIOSA agreement. (c) According to Chapter 6 of the EIR, no feasible alternative sites have been Identified within the City of Newport Beach. (d) Development of the project on an alternative site outside the City of Newport Beach would result In economic harm 2 ' 2D3 to the City, i.e., the loss of an estimated $500,000 in annual revenue to the City. The remaining unavoidable adverse impacts are considered acceptable when compared to and balanced against the facts set forth above and in the Statement of Overriding Considerations. B. EARTH RESOURCES 1. IMPACT • Export of Material: Project site grading will require the export of approximately 160,000 cubic yards of material. • FINDING: Changes or alterations have been required in, or Incorporated into, the project or are otherwise being implemented that will substantially mitigate or avoid the significant effects on the environment, as summarized above and detailed in Chapter 4, Section 4.2, of the EIR. • FACTS IN SUPPORT OF THE FINDING: Potentially significant impacts related to export of material identified above can be reduced to a level that is not significant by the mitigation measure listed below, and as contained in the EIR: 1) Prior to issuance of a grading permit, the grading connector shall identify a spoils site for deposition of exported material. Such spoils site shall have obtained CEQA clearance in accordance with the requirements of the local jurisdiction where the site is located. 2. IMPACT • Compressible Soils: The project site contains compressible soils. • FINDING: Changes or alterations have been required in, or Incorporated into, the project or are otherwise being implemented that will substantially mitigate or avoid the sig- nificant effects on the environment, as summarized above and detailed in Chapter 4,Section 4.2,of the EIR. • FACTS IN SUPPORT OF THE FINDING: Potentially significant impacts related to compressible soils identified above can be reduced to a level that is not significant by the mitigation measure listed below,and as contained in the EIR: 1) As specified in the geotechnical report prepared for the site (Pacific Soils Engineering, Inc., May 1995), all loose, compressible natural soils and/or loose, compressible on- site fill soils should be removed from fill areas where exposed at final grade and replaced with compacted fills in accordance with the recommendations of the geotechnical engineer. All grading should be accomplished under the observation and testing of the project soils engineer and engineering geologist in accordance with the recom- mendations contained in the project geotechnical report, the current grading ordinance of the City of Newport Beach and earthwork specifications contained in Appendix F of the geotechnical report. The site preparation recommendations outlined in section 5.3 of the geotechnical report shall be followed. 3. IMPACT • Ground Motion: Project structures are likely to be subject to ground motion during the life of the project. 3 • FINDING: Changes or alterations have been required in, or Incorporated Into, the projecr or are otherwise being implemeitted that will substantially mitigate or avoid the sig. nificant effects on the environment,, as summarized above and derailed in Chapter 4,Section 4.2, of the EIR. • FACTS IN SUPPORT OF THE FINDING: Potentially significant Impacts related to ground motion identified above can.be reduced to a level that is not significant by the mitigation measure listed below,and as contained in the EIR: 1) Prior to Issuance of a grading permit, the applicant or successor in Interest shall demonstrate to the City of Newport Beach Building Department that all facilities will be designed and constructed as specified in the City adopted version of the Uniform Building Code. 4. IDIPACT • Extent of Grading: The preliminary grading plan requires grading that could potentially result in unstable slopes. • FINDING: Changes or alterations have been required in, or incorporated into, the project or are otherwise being implemented that will,substantially mitigate or avoid the sig- nificant effects on the environment, as summarized above and detailed In Chapter 4,Section 4.2,of the Bill. • FACTS IN SUPPORT OF THE FINDING: Potentially significant impacts related to grading Identified above can be reduced to a level that Is not significant by the mitigation measure listed below, and as contained in the EIR: 1) Development of the site shall be subject to a grading permit to be approved by the Building and Planning Departments. The application for gmding,permit shall be accompanied by it grading plan mid specifications and supporting dam consisting of soils engineering and engineering geology reports or other reports if required by the building official. 5. IMPACT Grading: Project grading and ofieration may result in the production of silt,debris,and other water pollutants. • FINDING: Changes or alterations have been required in, or Incorporated into, the project or are otherwise being Implemented that will substantially mitigate or avoid the sig. nificant effects on the environment, as summarized above and detailed In Chapter 4,Section 4.2,of the,E1R. • FACTS IN SUPPORT OF THE FINDING: Potentially significant Impacts related.to grading identified above can be reduced to a level that is not significant by the mitigation measures listed below,and is contained in the HIM 1) The grading plan shall Include it complete plan for temporary and permanent drainage facilities, to minimize any potential impacts from silt, debris, and other water pollutants. 2) The grading plan shall Include a description of haul routes, access points to the site, watering, and sweeping program designed to minimize Impact of haul operations. 4 kph 3) An erosion, siltation and dust control plan shall be submitted prior to issuance of grading permits and be subject to the approval of the Building Department and a copy shall be forwarded to the California Regional Water Quality Control Board,Santa Ana Region, 4) The velocity of concentrated runoff from the project site shall be evaluated and erosive velocities controlled as part of the project design. 5) Grading operations and drainage requirements shall meet the standards set forth in the City's Building Code (Appendix Chapter 70 - Excavation and Grading, Sections 7001.7019) and the Building Department's General Grading Specifications. 6) The erosion control measures shall be completed on any exposed slopes within 30 days after grading, or as approved by the Building Department. 6. IMPACT • Emission of Fu¢itive Dust: Project grading may result In the emission of fugitive dust. • FINDING: Changes or alterations have been required in, or incorporated into, the project or are otherwise being implemented that will substantially mitigate or avoid the sig. nificant effects on the environment, as summarized above and detailed in Chapter 4,Section 4.2,of the EIR. • FACTS IN SUPPORT OF THE FINDING: Potentially significant Impacts related to emission of fugitive dust identified above can be reduced to a level that is not significant by the mitigation mea. sure listed below,and v contained in the EIR: 1) Fugitive dust emissions during construction shall be minimized by watering the site for dust control,containing excavated soil on site until it is hauled away, and periodically washing adjacent streets to remove accumulated materials. 7. IMPACT • Compatibility of Proposed Foundations With On-Site Soils: Building foundations must be compatible with on-site soils. • FINDING: Changes or alterations have been required in, or incorporated into, the project or are otherwise being implemented that will substantially mitigate or avoid the sig- nificant effects on the environment, as summarized above and detailed in Chapter 4,Section 4.2,of the EIR. • FACTS IN SUPPORT OF THE FINDING: Potentially significant impacts related to compatibility of proposed foundations with on- site soils identified above can be reduced to a level that is not significant by the mitigation measure listed below, and as contained in the EIR: 1) Prior to the issuance of any building permits, a specific soils and foundation study shall be prepared and approved by the Building Department. 5 �pb 8. IMPACT • Liquefaction: The preliminary soils report indicates potential for liquefaction. • FINDING: Changes or alterations have been required In, or Incorporated into the project, or are otherwise being implemented that will substantially mitigate or avoid the sig- niOcant effects on the environment, as summarized above and detailed in Chapter 4,Section 4.2,of the EIR. • FACTS IN SUPPORT OF THE FINDING: Potentially significant impacts related to liquefaction identified above can be reduced to a level that is not significant by the mitigation measure listed below,and as contained In the EIR: 1) Sites where the potential for liquefaction has been Identified, or any other site where ,the potential for liquefaction may be encountered during subsequent Investigations,shall be further evaluated by a geotechnical consultant to verify the low potential for liquefaction. The evaluation shall include subsurface investigation with standard penetration testing or other appropriate means of analysis for liquefaction potential. The project geotechnic l consultant shall provide a statement concerning the potential for liquefaction and Its,possible impact on proposer( development. If necessary, the geotechnic l consultant shall provide mitigation measures that could Include mechanical densific Lion of liquefiable layers, dcwatcring, fill surcharging or other appropriate measures. The Geotechnlcal Consultant's report shall be • signed by a Certified Engineering Geologist and a Registered Civil Engineer, and shall be prepared to the satisfaction of the Building Department prior to issuance of Grading Permit. Grading and building plans shall re- flect the recommendations of the study to the satisfaction of the Building Department. 9. INIPAC7' • Erosive Flow: Project construction could result in erosive Rows. • FINDING: Changes or alterations have been required in, or Incorporated into, the project or are otherwise being Implemented that will substantially mitigate or avoid the sig• nificant effects on the environment, as summarized above and detailed in Chapter 4,Section 4.2,of the EIR. • FACTS IN SUPPORT OF THE FINDING: Potentially significant Impacts related to erosive Row Identified above can be reduced to a level that is not significant by the mitigation measure listed below,and as contained in the EIR: I) Any necessary diversion devices, catchment devices, or velocity reducers shall be Incorporated into the grading plan and approved by the Building Department prior to Issuance of grading permits. Berms or other catchment devices shall he Incorporated into the grading plans to divert sheet flow runoff away from areas that have been stripped of natural vegetation. Velocity reducers shall be Incorporated into the design, especially where drainage devices exit to natural ground. 6 ip 10. IMPACT • Fill Slones: The project will require the construction of fill slopes. • FINDING: Changes or alterations have been required in, or Incorporated into, the project or are otherwise being implemented that will substantially mitigate or avoid the sig- nificant effects on the environment, as summarized above and detailed in Chapter 4,Section 4.2,of the EIR. • FACTS IN SUPPORT OF THE FINDING: Potentially significant Impacts related to fill slopes Identified, bove can be reduced to a level that is not significant by the mitigation measure listed below, and as contained In the EIR: 1) All fill slopes shall be properly compacted during grading in conformance with the City Grading Code and verified by the project Geotechnical Consultant. Slopes shall be planted with vegetation upon completion of grading. Conformance with this measure shalt be verified by the Building Department prior to the Issuance of occupancy permits. 11. IMPACT • Brow Ditches: The project may require the construction of brow ditches. • FINDING: Changes or alterations have been required in, or Incorporated Into, the project or are otherwise being implemented that will substantially mitigate or avoid the s1g- nifictnt effects on the environment, as summarized above and detailed in Chapter 4,Section 4.2,of the EIR. • FACTS IN SUPPORT OF THE FINDING: Potentially significant impacts related to brow ditches identified above can be reduced to a level that is not significant by the mitigation measure listed below,and as contained in the EIR: 1) Berms and brow ditches shall be constructed to the satisfaction and approval of the Building Department. Water shall not be allowed to drain over any manufactured slope Race. Top-of-slope soil berms shall be incorporated into grading plans to prevent surface runoff from draining over future fill slopes. Brow ditches shall be incorporated into grading plans to divert surficial runoff from ungraded natural areas around future cut slopes. The design of berms and brow ditches shall be approved by the Building Department prior to issuance of grading permits. 12. IMPACT • Erosion in Landscaped Areas: Erosion could occur in landscaped areas prior to establishment of landscaping. FINDING: Changes or alterations have been required in, or incorporated into, the project or are otherwise being implemented that will substantially mitigate or avoid the sig- nificant effects on the environment, as summarized above and detailed in Chapter 4, Section 4.2, of the EIR. • FACTS IN SUPPORT OF THE FINDING: Potentially significant impacts related to erosion identified above can be reduced to a level that is not significant by the mitigation measure listed below, and as contained in the EIR: 7 OW 1) Prior to the issuance of grading permits, appropriate artificial substances shall be recommended by the project landscape architect and approved by the Building Department for use in reducing surface erosion until permanent landscaping is well established, Upon com- pletion of grading, stripped areas shall be covered with artificial substances approved by the Building Department, 13• IMPACT • Comnressibte/Collansibie Solisf Compressible/collapsible soils may be located on the site. • FINDING: Changes or alterations have been required in, or Incorporated Into, the project or are otherwise being Implemented that will substantially mitigate or avoid the sig. nificant effects on the environment, as summarized above and detailed in Chapter 4,Section 4.2,of the MR. • FACTS IN SUPPORT OF THE FINDING: Potentially significant Impacts related to compressible/collapsible soils identified above can be reduced to a level that is not significant by the mitigation measure listed below,and as contained in the EIR: 1) Prior to the issuance of grading permits, written recom. mendntlons for the mitigation of compressible/collapsible soil potential for the project site shall be provided by the geotechnic l consultant. Foundation recommendations shall be included. Recommendations shall be incorporat. ed as conditions of approval for the site specific tentative tract maps and grading plans to the satisfaction of the Building Department. Recommendations shall be based on surface and subsurface mapping, laboratory testing and analysis. Mitigation, if necessary, could Include: removal and recompaction of identified compressible/collapsible zones, fill surcharging and settlement monitoring, compaction grouting, or foundation design that utilizes deep piles, or other recommended measures. The geo- technical consultant's site specific reports shall be signed by a Certified Engineering Geologist and Registered Civil Engineer, and shall be approved by the Building Department 14. MI PACT • Foundation Design: Soil conditions may affect foundation design. • FINDING: Changes or alterations have been required in, or Incorporated Into, the project or are otherwise being Implemented that will substantially mitigate or avoid the sig- nificant effects on the environment, as summarized above and detailed in Chapter 4,Section 4.2,of the EIR. • FACTS IN SUPPORT OF THE FINDING: Potentially significant Impacts related to foundation design identified above can be reduced to a level that is not significant by the mitigation measure listed below,and as contained in the EIR: 1) Written recommendations for the mitigation of expansive and corrosive soil potential for each site shall be provided by the project corrosion consultant, geoiechnical consultant and/or Civil Engineer. Foundation recommendations shall be 'included. Recommendations shall be based on surface and subsurface mapping, laboratory testing and analysis, and shall be incorporated 8 d,')� Into final building plans prior to issuance of building permits. The geotechnical consultant's site specific reports shall be signed by a Certified Engineering Geologist and Registered City Engineer, and shall be approved by the Building Department. 15. IMPACT • Groundwater: Preliminary conclusions regarding groundwater need to be confirmed in the final geotechnical study. FINDING: Changes or altemtions have been required in, or incorporated into, the project or are otherwise being Implemented that will substantially mitigate or avoid the sig. nificant effects on the environment, as summarized above and detailed in Chapter 4, Section 4.2, of the EIR. FACTS IN SUPPORT OF THE FINDING: Potentially significant Impacts related to groundwater identified above can be reduced to a level that is not significant by the mitigation measure listed below,and as contained in the EIR: 1) The project geotechnical consultant and/or civil engineer shall prepare written,site specific reviews of the tentative tract maps and grading plans addressing all salient geotechnical issues, including groundwater. These reports shall provide findings, conclusions and recommendations regarding near surface groundwater and the potential for artificially induced groundwater as a result of future devel- opment, and the effects groundwater may have on bluffs, slopes and structures. The reports shall also address the potential for ground subsidence on the site and properties adjacent to the sites if dewntering is recommended. The geotechnical consultant :and/or civil engineer's reports shall be signed by a Certified Engineering Geologist and Registered Civil engineer, and shall be completed to the satisfaction of the Building Department prior to Issuance of a grading permit. C. WATER RESOURCES 1. IMPACT • Erosion. Siltation and Dust: The project may result In erosion, siltation and dust during construction. • FINDING: Changes or altemtions have been required in, or incorporated Into, the project or are otherwise being Implemented that will substantially mitigate or avoid the sig. nificant effects on the environment, as summarized above and detailed In Chapter 4, Section 4.3, of the EIR. • FACTS IN SUPPORT OF THE FINDING: Potentially significant impacts-related to erosion,siltation and dust identifed above can be reduced to a level that is not significant by the mitigation mea. sure listed below,and as contained in the EIR: 1) Prior to issuance of any grading permit, an erosion, siimtion, and dust control plan shall be submitted; and shall be subject to the approval of the Building Depart- ment. 2. IMPACT • Erosion in Downstream Channels: The project may result in Increased erosion potential in downstream channels. 9 a�° • FINDING: Changes or alterations have been required in, or Incorporated Into, the project or are otherwise being Implemented that will substantially mitigate or avoid the sig- nincant effects on the environment, as summarized above and deailed,in Chapter 4,Section 4.3,of the MR. • PACTS IN SUPPORT OF THE FINDING: Potentially significant impacts related to Increased erosion potential in downstream channels Identified above can be reduced to a level that Is not significant by the mitigation measure listed below, and as conained'in the EIR: 1) Prior to the Issuance of any grading permit, the design engineer shall verify that the discharge of surface runoff from development of any site will be performed In a manner so that Increased peak flows from the site will not Increase erosion immediately downstream of the system. As part of this review, the velocity of concentrated runoff from the project shall be evaluated, and erosive velocities controlled as part of the final project design. This report shall be- reviewed by the Planning Department and approved by the Building Department. 3• IMPACT • Erosion of Graded,Scones: Graded slopes may be subject to erosion. • FINDING: Changes or alterations have been required in, or incorporated into, the project or are otherwise being Implemented that will substantially mitigate or avold the sig. nific nt effects on the environment, as summarized above and devilled In Chapter 4,Section 4.3,of the EIR. • PACTS IN SUPPORT OF THE FINDING: Potentially significant Impacts related to erosion of graded slopes identified above can be reduced to it level that is not signinennt by the mitigation mea- sure listed below,and as contained In the EIR: 1) Erosion control tnevures contained in the erosion siltation and dust control plan shall be implemented on any exposed slopes within 30 days aver grading, or as otherwise directed by the Building Department. 4. IMPACT • On-Site Drainage: The project will require improvements to on. site drainage. • FINDING: Changes or alterations have been required in, or Incorporated into, the project or are otherwise being Implemented that will substantially mitigate or avoid the sig• nificant effects on the environment, as summarized above and demiled In Chapter 4, Section 4.3,of the MR. • FACTS IN SUPPORT OF THEFINDING: Potentially significant Impacts related to on-site drainage Identifed above can be reduced to a level that is not significant by the mitigation measure listed below,and as contained in the EIR: 1) Any existing on-site drainage'fiacilitiesAiall be improved as required, or updated concurrent with grading and development, to the satisfaction of the Public\Yorks and Building Departments. Improvement plans shall be approved by the Public Works Department prior to Issuance of a grading permit. 10 �1� 5. IMPACT • Haul Roads: Project grading may require haul roads. • FINDING: Changes or alterations have been required in, or Incorporated into, the project or are otherwise being implemented that will substantially mitigate or avoid the sig- nificant effects on the environment, as summarized above and detailed in Chapter 4,Section 4.3, of the EIR. • FACTS IN SUPPORT OF THE FINDING: Potentially significant impacts related to haul roads identified above can be reduced to a level that Is not significant by the mitigation measure listed below, and as contained in the EIR: 1) Prior to the Issuance of grading permits, the applicant (or applicant's grading contractor) shall provide to the Building and Public Works Departments haul route plans that include a description of haul routes, access points to the sites,and watering and sweeping program designed to minimize Impacts of the haul operation. These plans shall be reviewed and approved by the Public Works Department. Copies of the plans shall be submitted to the City's Planning Department. 6. IMPACT • Erosion During Construction/Operation: The project may result in erosion during construction and operation. • FINDING: Changes or alterations have been required in, or incorporated into, the project or are otherwise being Implemented that will substantially mitigate or avoid the sig. nificant effects on the environment, as summarized above and detailed in Chapter 4,Section 4.3,of the EIR. • FACTS IN SUPPORT OF THE FINDING: Potentially significant Impacts related to erosion during construction/operation Identified above can be reduced to a level that is not significant by the mitigation measures listed below,and as contained in the EIR: 1) Prior to the issuance of grading permits, the applicant shall incorporate the following erosion control methods into grading plans and operations to the satisfaction of the Building Department. a. An approved material such as straw, wood chips, plastic or similar materials shall be used to stabilize graded areas prior to revegetation or construction. b. Airborne and vehicle borne sediment shall be controlled during construction by the regular sprinkling of exposed soils and the moistening of vehicles loads. C. An approved material such as riprap (a ground cover of large, loose,angular stones) shall be used to stabilize any slopes with seepage problems to protect the topsoils In areas of concentrated runoff. 7. IMPACT • Exposed Slopes During Construction: The project may result In exposed slopes subject to erosion during construction. ]I ��Z • FINDING: Changes or alterations have been required in, or Incorporated Into, the project or are otherwise being Implemented chat will substantially mitigate or avoid the sig- nificant effects on the environment, as summarized above and detailed In Chapter 4, Section 4:3,of the EIR. • FACTS 7 SI PPORT OF THE FINDING: Potentially significant impacts rela d to exposed slopes during construction identified above can be reduced to a level that Is not significant by the mitt. gation measure listed below,and as contained in the EIR: 1) Prior to the issuance of grading permits, the project geotechnical consultant and/or civil engineer shall develop a plan for the diversion of stormwater away from any exposed slopes during grading and,construction activities. The plan shall Include the use of temporary right-of-way diversions(Le,,berms or swales)'located at disturbed areas or graded right-of-ways. The plan will be approved by the Public Works and Building Departments,and Implemented during grading and construction activities. 8. IMPACf Unpaved Construction Entrances: Unpaved construction entrances may result in dust and erosion. • FINDING: Changes or alterations have been required In, or Incorporated Into, the project or are otherwise being implemented that will substantially mitigate or avoid the sig. nificant effects on the environment, as summarized above and detailed in Chapter 4,Section 4.3,of the MR. I, FACTS IN SUPPORT OF'THE FINDING; Potentially,significant Impacts related to unpaved construction entrances Identified above can be reduced,to a level that is not significant by the mitt. gntion measure listed below,and as contained in the EIR: 1) The applicant shall provide a temporary gravel entrance located at every construction site entrance. The location of this entrance shnli be incorporated into grading plans prior to the Issuance of grading permits. To reduce or eliminate mud and sediment rnrried,by vehicles or runoff onto public rights-of-way, the gravel shnll.cover the entire width of the entrance,and Its length shall be no less than 50 feet. The entrance plans shall be reviewed and approved by the Public Works and Building Departments concurrent with review and approval of grading plans. 2) The applicant shall construct .filter berms or other approved device for the temporary gravel entrance. The berms shall consist of a ridge of gravel placed across graded right-of-ways to decrease and filter runoff levels while permitting construction traffic to continue. The location of berms shnll be Incorporated Into grading plans prior to the Issuance-of grading permits. The plans shall be reviewed and approved by the Public Works and Building Departments. 9. Mi PACT • Sediment During Construction: Erosion during construction may result in the production of sediment. • TINDING: Changes or alterations have been required In, or Incorporated into, ¢he project or are otherwise being Implemented that will substantially mitigate or avoid the sig- 12d,I3 nificant effects on the environment, as summarized above and detailed in Chapter 4,Section 4.3, of the EIR. • FACTS IN SUPPORT OF THE FINDING: Potentially significant impacts related to sediment during construction identified above can be reduced to a level that is not significant by the mitigation measure listed below,and as contained in the EIR: 1) During grading and construction, the applicant shall provide a temporary sediment basin located at the point of greatest runoff from any construction area. The location of this basin shall be incorporated into grading plans. It shall consist of an embankment of compacted soils across a drainage. The basin shall not be located in an area where its failure would lead to loss of life or the loss of service of public utilities or roads. The plan shall be reviewed and approved by the Building Department. 10. IMPACT • Stormwater Runoff: Project grading will trigger requirements under the General Construction Activity Stormwater Runoff Permit. • FINDING: Changes or alterations have been required in, or incorporated into, the project or are otherwise being implemented that will substantially mitigate or avoid the sig- nificant effects on the environment, as summarized above and detailed In Chapter 4,Section 4.3,of the EIR. • FACTS IN SUPPORT OF THE FINDING: Potentially significant impacts related to stormwater runoff identified above can be reduced to a level that is not significant by the mitigation measure listed below,and as contained in the EIR: I) Notice of Intent: Prior to the approval of a grading permit, the project sponsor shall submit a Notice of Intent (NOI)with the appropriate fees for coverage of the project under the General Construction Activity Storm Water Runoff Permit to the State Water Resources Control Board at lent 30'days prior to initiation of construction activity at the site. The NOI shall include information about the project such as construction activities, material building/ management practices, site characteristics, and receiving water information. As required by the General Construction Permit, the project shall develop and implement a Stormwater Pollu- tion Prevention Plan (SWPPP), including inspection of stormwater controls structures and pollution prevention measures. The SWPPP shall be implemented concurrent with the beginning of the construction activities, and the plan shall be kept on site. 11. IMPACT • Downstream Water Quality: Project operation could result in the degradation of downstream water quality. • FINDING: Changes or alterations have been required, in, or incorporated into, the project or are otherwise being Implemented that will substantially mitigate or avoid the sig- nificant effects on the environment, as summarized above and detailed in Chapter 4,Section 4.3, of the EIR. 13 I • FACTS IN SUPPORT OF THE FINDING: Potentially significant Impacts related to downstream water quality'identified above can be reduced to a level that is not significant by the mitigation mea. surer listed below,and as contained In the EIR: 1) Structural BMP Controls: Prior to the issuance of any Grading Permit, the project proponent shall ensure that the project includes implementation of appropriate structural Best Management Practices(BMPs)to reduce the extent of pollutants In stormwater flows from the site. Said structural BMPs shall meet the approval of the Public Works Department. The following structural BMPs will be Incorporated at the project site: • All'automotive maintenance areas will be covered with a roof and will drain to the sewer system tither than the storm drain. • All trash enclosures will be covered. Car wash areas will be covered and dmin to the sewer system rather than the storm drain. • Parking lot and display area catch basins will be provided with grease and all filters. Maintenance of the selected structural BMPs will be required throughout the life of 'the project to ensure proper operation. 2) NonStructual BMI1 Controls: Prior to the issuance of certificates of use and occupancy, the project proponent shall submit an operations plan that ensures that the project operation shall include non-structural BMPs, Including the following: • Periodic cleaning(i.e.,street sweeping) • Routinely cleaning on-site storm drain manholes and catch basins • Source control surveys of all on-site Industrial facilities • Controlling wnshdown of non-srormwater discharges from project development facilities • Providingdnformation to employees on disposal of waste oil,grease,and pesticide containers • Carefully controlling pesticide and fertilizer usage • Providing covered at= for trash receptacles, or enclosed features to prevent direct contact with precipitation • Efficient landscaping irrigation • Common area litter control • Ilousekeeping of loading clocks. All non-structural BMPs shall meet the approval of the Public Works Department, 3) Water Quality MnnagementTlan- Prior to the Issuance of any building permit, consistent with the Drainage Area Management Plan (DAMP) prepared by the County of Or- ange for compliance with their municipal storm water NPDES permit requirement, the project proponent shall prepare a Water Quality Management Plan (WQMP). Said WQhIP shall meet the approval of the Public Works Department. The WQMP shall Indicate the proposed structural and non-structural, permanent stormwater quality control measure to be utilized for the project,shall Identify the potential pollutant source on the project,and shall describe how the project Implements the objectives outlined in the DAMP. 14 a-1 12. IMPACT • Construction of Water Sewer, and Storm Drain Facilities: The project will require construction of water, sewer, and storm drain facilities. • FINDING: Changes or alterations have been required In, or Incorporated Into, the project or are otherwise being implemented that will substantially mitigate or avoid the sig- nifimnt effects on the environment, as summarized above and detailed in Chapter 4,Section 4.3,of the EIR. • FACTS IN SUPPORT OF THE FINDING: Potentially significant impacts related to construction of water,sewer, and storm drain facilities identified above can be reduced to a level that is not significant by the mitigation measure listed below, and as contained in the EIR: 1) Prior to issuance of a grading permit, the final plan of water, sewer and storm drain facilities shall be approved by the Public Works Department. Any systems shown to be required by the review shall be the responsibility of the developer, unless otherwise provided for through an agreement with the property owner or serving agency. D. TRAFFIC AND CIRCULATION 1. IM1SPACT • ,Jamboree RonciBristol Street Intersection: The project will contribute to General Plan level cleficiencies at the intersection of jamboree Road and Bristol Street North. • FINDING: Changes or alterations have been required in, or Incorporated into, the project or are otherwise being Implemented that will substantially mitigate or avoid the sig- nificant effects on the environment, as summarized above and detailed in Chapter 4, Section 4.4, of the EIR. • FACTS IN SUPPORT OF THE FINDING: Potentially significant impacts related to the jamboree Road/Bristol Street intersection Identified above can be reduced to a level that is not significant by the mitigation measure listed below,and as contained in the EIR: 1) Prior to approval of building permits, the project will contribute, on a fair share basis, towards the cost of the improvement at the intersection of jamboree Road/Bristol Street North. Said contributions shall meet with the approval of the Director of Public Works. E. AIR OUALITY 1. IMPACT • Emission of Dust: Project construction will result in the emission of dust. • FINDING: Changes or alterations have been required in, or incorporated into, the project or nre otherwise being implemented that will substantially mitigate or avoid the sig- nincant effects on the environment, as summarized above and detailed in Chapter 4, Section 4.5, of the EIR. • FACTS IN SUPPORT OF THE FINDING: Potentially significant impacts related to emission of dust Identified above can be 15 Z�6 • • � M reduced to a level that is not significant by the mitigation measure listed below,and as contained in the SIR: 1) Standard dust control practices dictated by SCAQMD Rule 403 shall be followed, 2. IMPACT • VOC Emissions from Asphalt: Project paving may result in VOC emissions from asphalt. • FINDING: Changes or alterations have been required In, or incorporated Into, the project or are otherwise being implemented that will substantially mitigate or avoid the sig- nificant effects on the environment, as summarized above and detailed in Chapter 4,Section 4.5,of the SIR. • FACTS IN SUPPORT OF THE FINDING: Potentially significant Impact's related to VOC emissions from asphalt Identified above can be reduced to a level that is not significant by the mitigation measure listed below,and as contained In the EIM 1) The applicant shall specify the use of concrete, emulsified asphalt, or asphaltic cement, none of which produce significanrquandtles ofVOC emissions. 3. IMPACT • NOx Emissions: Construction export operations may result in NOx emissions that exceed SCAG's threshold of significance. • FINDING: Changes or alterations have been required in, or Incorporated Into, the project or are otherwise being imple- mented that will substantially mitigate or avoid the significant effects on the environment,as summarized-above and detailed in Chapter 4,Section 4.5, of the EIR. • FACTS IN SUPPORT OF THE FINDING: Potential significant Impacts related to NOx emissions from construction export operations Identified above can be reduced to a level that is.not significant by the mitigation measure listed below, and as contained In the EIR: 1) To avoid exceeclnnce of SCAG's threshold of significance for NOx'emissions, construction export operations are limited to a maximum of ten hours per day; including one hour of clown time. F. NOISE 1. IMPACT • Mechanical Noise: Rooftop mechanical equipment may result In noise that could,be annoying to adjacent uses. • FINDING: Changes or alterations have been required in, or incorporated Into, the project or are otherwise being implemented that will substantially mitigate or avoid the sig- nificant effects on the environment, as summarized above and detailed in Chapter 4,Section 4.6,of the SIR. • FACTS IN SUPPORT OF THE FINDING: Potentially significant Impacts related to mechanical noise identified above can be reduced to a level that is not significant by the mitigation measure listed below,and its contained In the EIR: 16 . a,t1 1) Any rooftop or other mechanical equipment shall be sound attenuated in such a manner as to achieve a maximum sound level of 55 dBA at the property line. 2. IMPACT • Mechanical Noise: Mechanical equipment may result in noise in excess of City standards. • FINDING: Changes or alterations have been required in, or incorporated Into, the project or are otherwise being implemented that will substantially mitigate or avoid the sig- nificant effects on the environment, as summarized above and detailed in Chapter 4, Section 4.6, of the EIR. • FACTS IN SUPPORT OF THE FINDING: Potentially significant impacts related to mechanical noise Identified above can be reduced to a level that is not significant by the mitigation measure listed below,and as contained in the EIR: 1) Any mechanical equipment and emergency power generators shall be screened from view, and noise associated with said installations shall be sound attenuated sons not to exceed 55 dBA at the property line. The latter shall be based upon the recommendations of a licensed engineer practicing in acoustics, and shall be approved by the Planning Department. 3. IMPACT • Construction Noise: Construction noise may adversely affect adjacent land uses. • FINDING: Changes or alterations have been required in, or incorporated into, the project or are otherwise being Implemented that will substantially mitigate or avoid the sig- nificant effects on the environment, as summarized above and detailed in Chapter 4, Section 4.6,of the EIR. • FACTS IN SUPPORT OF THE FINDING: Potentially signifinnt impacts related to construction noise Identified above can be reduced to a level that Is not significant by the mitigation measure listed below,and as contained in the EIR: 1) Pursuant to the City of Newport Beach Noise Ordinance Section 10.28.040, construction adjacent to existing residential development shall be limited to the hours of 7:00 a.m. to 6:30 p.m. Monday through Friday, and 8:00 a.m. through 6:00 p.m. on Saturday. Construction shall not be allowed outside of these hours Monday through Saturday or at any time-on Sundays and federal holidays. Verification of this shall be provided to the Planning Department. G. BIOLOGICAL RESOURCES 1. IMPACT • Wetlands: The project could adversely affect adjacent wetlands. • FINDING: Changes or alterations have been required in, or incorporated into, the project or are otherwise being Implemented that will substantially mitigate or avoid the sig- nificant effects on the environment, as summarized above and detailed in Chapter 4,Section 4.7,of the EIR. 17 Q y�0. • FACTS 4N SUPPORT OF THE FINDING: Potentially significant Impacts related to wetlands identified above can be reduced to a level that is not significant-by the mitigation measure listed below, and as contained In the MR: 1) Final project design will include measures to buffer the project from adjacent wetland areas, Including the SJHTC mitigation site and the existing wetland adjacent to the southeast corner of the project. The final buffer design shall be approved by the California Department of Fish and,Game and the California Coastal Commission. While a combination of landscaping and the presence of the Bay- view extension may be considered adequate to buffer the project from the SJI•ITC mitigation site, additional measures will likely be required for the nearer existing wetland site. Design measures to be considered Include a five foot high concrete block wall or equivalent barrier that will preclude human access from the project site and reduce the effects of human activity. 2. IMPACT • Non-Native Invasive Plants: Non-native, invasive land scape plants could Invade adjacent wetland areas, • FINDING: Changes or alterations have been required in, or Incorporated into, the project or are otherwise being implemented that will substantially mitigate or avoid the sig- nificant effects on the environment, as summarized above and detailed in Chapter 4,Section 4.7,of the MR. • FACTS IN SUPPORT OF THE FINDING: Potentially significant impacts related to non-native invasive plants Identified above can be reduced to a level that is not significant by the mitigation mea- sure listed below,and as contained in the MR: 1) Impacts resulting from the use of non-native,Invasive plant species will be mitigated by developing a landscape plan that avoids the use of non-nntive Invasive plants. A landscape plan prepared with consideration of the following Information must be approved by the City prior to the issuance of building permits: Probibitod Species NI non-mitive plants that are potentially Invasive via airborne seeds, or that are particularly difficult to control once escaped, will be prohibited from all parts of the project. Such species Include, but are not limited to, the following: • Tree•of-henven (Ailanlbus spp.) • Giant reed (Arundo donax) • Garland chrysanthemum (Cbrysantbemum coronartion) • Pampas gnu (Cortadorta spp.) • Brooms(Cyltsns spp.) • Bermuda buttercup'(Oxalts pos-caprae) • Fountain/Kikuyu grass (Pannisoluth spp.) • German Ivy(Sonecto inik-anoldos) • Tamarisk (Tatnarlx spp.). Petvailled Spoclos Some Inwrtsive,exotic species are known to be controllable In well managed situations- Such species,may be used in 18 �,jy project landscaping if a City approved biologist approves the species and proposed use. For example,areas that are separated from existing wetland areas by a substantial area of paving could he planted with hybrid bermuda grass. Non-native, invasive species that could be used under these circumstances include,but are not limited to,the fol- lowing: Ilottentot-fig(Carpobrotus edulis) • Bermuda grass(Cynodon daclylon) • Myoporum (Myopo um laeltan) • Pepper trees (Scbtnus spp.) Cape Honeysuckle (Tecontarla capensts)t • Periwinkle Mnca spp.). 3. IMPACT • Site Lielttine: site lighting could adversely affect adjacent wetland areas. • FINDING: Changes or alterations have been required In, or incorporated into, the project or are otherwise being implemented that will substantially mitigate or avoid the sig- nificant effects on the environment, as summarized above and detailed in Chapter 4, Section 4.7, of the MR. FACTS IN SUPPORT OF THE FINDING: Potentially significant impacts related to site lighting Identified above can be reduced to a level that is not significant by the mitigation measure listed below, and as contained in the EIR: 1) The effects of night lighting on adjacent natural areas, including the SJI ITC mitigation site,will be reduced by the design of lighting that is either low intensity or highly directional. Prior to the Issuance of building permits, a lighting plan shall be approved by the City, demonstrating that appropriate lighting will be Installed for the display area, parking lots and areas adjacent to wetlands to minimize spillage into the habitat areas. The plan will include, but not be limited to, lighting directed onto the project site, and the use of soft light intensity fixtures. Prior to the issuance of any certificate of use and occupancy, the project proponent shall provide evidence, meeting the approval of the City, that the Installed lighting meets the objectives of the plan. if necessary, shields on the back of lights or other screening shall be placed to cut off light beyond project area. 4. IMPACT • Removal of Coastal Scrub Habitat: The project will require the removal of approximately two acres of coastal scrub habitat. • FINDING: Changes or alterations have been required in, or Incorporated into, the project or are otherwise being implemented that will substantially mitigate or avoid the sig- nificant effects on the environment, as summarized above and detailed in Chapter 4,Section 4.7, of the EIR. • FACTS IN SUPPORT OF THE FINDING: Potentially significant Impacts related to removal of coastal scrub habitat identified above can be reduced to a level that is not significant by the mitt- gation measures listed below,anti as contained to the EIR: 19 �Z� I) Prior to the issuance of grading permits for the project,a detailed Interim habitat Loss Mitigation Plan (IHLMP), Incorporating Mitigation Measures 7-5 and 7.6, shall be prepared by the City and submitted to the U.S. Fish and Wildlife Service (USFWS) anti California Department of Fish and Game (CDFG) for approval. The purpose of these measures is to increase the amount and quality of scrub habitat that can be utilized by the California gnatcatcher and other species that require this habitat. This will both compensate for the project Induced loss of potential breeding habitat and increase the potential for wildlife movement by increasing the size of important populations. The specific habitat replacement and exotic weed removal measures to be incorporated Into the detailed 1HLMP, Including the actual acreage, may be modified with the approval,of the California Department of Fish and Game and the U.S.Fish and Wildlife Service. The detailed IHLMP will Include the following elements: • Overview/Objective • Plant Palettes and Planting Densities • Planting Methods and Timing • Site Preparation • lixotic Weed Removal • irrigation • Maintenance • Performance Standards • Monitoring • Remedial Measures. The implementation of these measures will occur at the first feasible opportunity, with consideration of site preparation and,plant propagule collection requirements. 2) Prior to final design, the-limit of the wetland area adjacent to the project will be staked in the field by a qualified person, and this limit will be surveyed and placed on the base map used to prepare the final plans. Prior to Initiation of clearing and/or other construction activity,this limit will be clearly marked in the field with staking and ribbon, rope or fencing, and the contractor(s) will be advised by the City Inspector that this area Is not to be disturbed for any reason. This area will be monitored by the City during regular inspections to ensure that there is no encroachment, 3) M approximately 3.5 acre portion of the City owned property in the Big Canyon area adjacent to Upper Newport Bay shall be restored/converted to coastal sage scrub habitat. The goal of the additional,habitat creation Is to increase the California gnntcntcher population by at least one pair. 4) As part of.the Big Canyon restoration effort, the City will Implement a three year program for the removal of pampas grass and myoporum from City property In the mouth of Big Canyon (Figure 4.7.2). The first year will concentrate on initial removal at an appropriate time of year,i.e.,prior to seed formation, The following two years will consist of spot removal of new seedlings or root sprouts. 20 �y� H. CULTURAIISCIENTIFIC RESOURCES 1. IMPACT • Unknown Archaeological Resources: The project may result in impacts to unknown archaeological resources. • FINDING: Changes or alterations have been required in, or Incorporated into, the project or are otherwise being implemented that will substantially mitigate or avoid the sig- nificant effects on the environment, as summarized above and detailed in Chapter 4,Section 4.5,of the EIR. FACTS IN SUPPORT OF THE FINDING: Potentially significant Impacts related to unknown archaeological resources identified above can be reduced to a level that Is not significant by the mitigation measures listed below,and as contained in the EIR: 1) City Council Policy K-5 outlines the City's requirements with respect to archaeological resources. The following specific measures are recommended, in conformance with Policy K-5: A. A qualified archaeologist shall be present during pre-grade meetings to inform the project sponsor and grading contractor of the results of any previous studies. In addition, an archaeologist shall be present during grading activities to inspect the underlying soil for cultural resources. If significant cultural resources are uncovered,the ar- chneologist shall have the authority to stop or temporarily divert construction activities for a period of 48 hours to assess the significance of the find. B. In the event that significant archaeological remains are uncovered during excavation anti/or grading,all work shall stop in that area of subject property until an appropriate data recovery program can be developed and Implemented. The cost of such a program shall be the responsibility of the project sponsor. C. Prior to issuance of any grading or demolition permits, the applicant shall waive the provisions of AB 952 related to City of Newport Beach responsibilities for the mitigation of archaeological impacts in a manner acceptable to the City Attorney. 2) Any sites uncovered shall'be mitigated pursuant to Council Policy K-5. Where further testing or salvage is required, the applicant shall select a City approved, qualified archaeologist to excavate a sample of the site. All testing and salvage shall be conducted prior to issuance of grading permits or use of an area for recreational purposes. A written report summarizing the findings of the testing and data recovery program shall be submitted to the Planning Department within 90 days of the com. pleted data recovery program. 3) The applicant shall donate all archaeological material, historic, or prehistoric, recovered during the project to a local institution that has the proper facilities for curation, display and study by qualified scholars. All material shall be transferred to the approved Facility after laboratory 21 ��v analysts and a report have been completed. The appropri. are local Institution shall he approved by the Planning De- partment based on a recommendation from the qualified archaeologist. 2. IM1fPACT • Unknown Paleontological Resources: The project may result in impacts to unknown paleontological resources. • FINDING: Changes or alterations have been required in, or Incorporated Into, the project or are otherwise being implemented that will substantially mitigate or avoid the sig- nificant effects on the environment, as summarized above and detailed In Chapter 4,Section 4.8,of the MR. • FACTS IN SUPPORT OF THE FINDING: Potentially significant impacts related to unknown paleontological resources,identified above can be reduced to a level that is not significant by the mitigation measures listed below,and as contained in the EIR: 1) A preigrade reconnaissance of the�area shall be made by a qualified paleontologist to assess whether any significant fossils currently are exposed. Any fossils observed and deemed significant shall be salvaged. 2) A qualified paleontologist shall be retained to monitor and, if necessary, salvage scientifically significant fdssil remains. 3) The paleontologist shall have the power to temporally divert or direct grading efforts to allow the evaluation and any necessary salvage of exposer) fossils. 4) monitoring shall be on n full-time basis during grading in geologic units of high paleontologic sensitivity. 5) Spot-checking of low sensitivity sediments shall be conducted by a qualified paleontologist. Should significant fossils be observed during grading In these units, full-time monitoring may be required. G) All collected fossils shall be donated to a museum approved by the City of Newport Beach Planning Department, 7) A final report summarizing findings, including an Itemized Inventory and contextual stntigraphic data, shall accompany the fossils to the designated repository; an additional copy shnll be sent to the appropriate Lead Agency. I. AESTHETICS 1. TMPACT • Views from Bicycle Tmil: The project may affect the views from the bicycle trail on the north edge of the property. FINDING: Changes or alterations have been required in, or Incorporated Into, the project or are otherwise being Implemented that will substantially mitigate or avoid the sig. nificant effects on the environment, is summarized above and demiled in Chapter 4,Section 4.9,of the EIR. 223 • FACTS IN SUPPORT OF THE FINDING: Potentially significant impacts related to views from the bicycle trail identified above can be reduced to a level that is not significant by the mitigation mea- sure listed below,and as contained in the EIR: 1) A landscape screen and/or equivalent barrier shall be constructed along the northeastern project boundary to screen service areas from view from the Jamboree Road southbound on-ramp and from the bicycle trall that will parallel the on-ramp. J, HAZARDOUS WASTES AND MATERIALS 1. IMPACT • Existing Tnsh and Spills: Trash and minor spills are located on the site. • FINDING: Changes or alterations have been required in, or incorporated Into, the project or are otherwise being Implemented that will substantially mitigate or avoid the sig- nificant effects on the environment, as summarized above and detailed in Chapter 4,Section 4.11,of the EIR. • FACTS IN SUPPORT OF THE FINDING: Potentially significant impacts related to existing trash and spills identified above can be reduced to a level that is not significant by the mitigation mea- sures listed below, and as contained in the EIR: 1) Prior to approval of a grading permit, grading spec- ifications for the project shall require the following to�the satisfaction of the Building Department: a) All'trvh on the site shall be disposed of properly. b) hazardous materials residue in the vicinity of the five gallon solvent can and the tar residue Identified on the wood debris and soils shall be removed and disposed of properly. After removal of the debris, soils in the vicinity of the contaminated sites shall he tested to ensure proper cleanup, per the recommendations of the environ- mental remediation engineer. c) Creosote treated power poles shall be removed and properly disposed of properly upon relocation, per the recommendations of the environmental remediation engineer. d) Any abandoned septic ranks systems encountered during grading shall be disposed of properly, per City of Newport Beach requirements. IL UTILITY AND SERVICE SYSTEMS 1. IMPACT Wastewater Disposal: The project will require wastewater disposal. • FINDING: Changes or alterations have been required in, or incorporated into, the project or are otherwise being implemented that will substantially mitigate or avoid the sig- nificant effects on the environment, as summarized above and detailed in Chapter 4, Section 4.13,of the EIR. 23 ;) l • FACTS IN SUPPORT OF THE FINDING: Potentially significant Impacts related to wastewater disposal identified above can be reduced to,a level that Is not significant by the mitigation mea• sures listed below,and as contained in the EIR: 1) Prior to the approval of a grading permit, the project proponent shall determine the appropriate method of {wastewater disposal to the satisfaction of the Public Works Department. 2) If disposal through a septic tank system Is selected, the project proponent shall construct She system In compliance with "On-Site Sewage Absorption System Guidelines" prepared by the Orange County Health Care Agency. Consistency with said guidelines shall be deter. mined'by the Public Works Department prior to Issuance of a grading permit for any septic tank facilities. The septic tank shall be operated'In a manner to avoid pollu- tion of local groundwater supplies. IV. FINDINGS REGARDING-ALTERNATIVES TO THE PROPOSED PROTECT CEQA requires that an EIR describe a range of reasonable alternatives to the project,or to the location of the project, which could feasibly attain the basic objectives of the project and to evaluate the comparative merits of the alternatives. Section 15126(d)(d) of the CEQA Guidelines states. that the "discussion of alternatives shnil focus upon alternatives capable of eliminating any significant adverse environmental effects or reducing them to a level of Insignificance.." The EIR, therefore,considers two classes of alternatives: 1. Alternative uses on the proposed project site. 2. Alternative locations for the proposed project. The analysts contained within the DEflt concludes that,after mitigation,the project will contribute to one cumulative impact in the area: a eumulmlve loss of open space. This loss is not considered significant at the project level but is considered significant when combined with other reasonably foreseeable projects in the vicinity. This impact (the cumulative loss of open space) has been previously acknowledged in the approvals of General Plans of the City of Newport Beach and the City of Irvine,and The Long Binge Development Plan of the University of Ciliforni a nt Irvine. Even though this impact had been previously acknowledged,the City has considered alternatives to potentially reduce such impacts. The following describes the alternatives considered and their impacts,as compared to the proposed project. ALTERNATIVE USES FOR THE PROJECT SITE A. NO'BUILD ALTERNATIVE(Alternntive-A) Under the No Build Alternative, the project would not be built at the San Diego Creek North site nor m another location within the City of Newport Beach. In addition, no other land uses besides the existing open space, habitat preservation and transportation uses would be allowed at the San Diego Creek North site. 1. SUMMARY OF NIATOR ENVIRONMENTAL EFFECTS • The loss of open space associated with the project would not occur nor would the project's contribution to the cumulative loss of open space. • I andfnrm modification associated with the project would not occur nor would'•the export of cut material. 24 )P, i • Potential water,quality impacts would not occur. • Traffic volumes accessing the site would not increase. • Air quality emissions associated with construction of the site and operations on the site would not occur. • Impacts to biological resources would be eliminated. • Potential Impacts to unidentified cultural resources would also not occur. • Aesthetic impacts would be eliminated. 2. PROTECT OBTECTIVES Alternative A conflicts with the basic objective of the project to mainmin the dealership within city, and would likely result in the probable rely cation of the dealership outside of the corporate limits of the City of Newport Beach and in the consequent loss of sales tax revenues to the City. It should be noted that If the dealership were to choose to locate on other sites outside the city limits,many of the impacts identified at the present site would also occur with alternative sites in the surrounding cities; in particular, land use, traffic, noise,and air quality impacts would occur at potentially different levels at sites outside the City of Newport Beach. 3, FEASIBILTTY Implementation of this Alternative A is feasible. 4. COMPARATIVE MERITS Consideration of the No Project Alternative Is required by the California Environmental Quality Act. This Alternative is considered envi• ronmentally superior to the proposed project. 5. FINDINGS • The No Project Alternative would not meet the basic project objective of identifying a feasible alternative relocation site for the dealership within the City of Newport Beach,and would result in consequent adverse economic effects on the City(loss of sales tax revenue). • After mitigation, the remaining significant unavoidable adverse Impacts of the proposed project are considered acceptable when balanced against the Facts set forth the preceding Findings,and in. the Statement of Overriding Considerations. B. EXISTING GENERAL PLAN ALTERNATIVE (Alternative B) Under this alternative, the project site would be developed according to the City of Newport Beach General Plan and the lord Coastal Plan, i.e., 112,000 square feet of commercial office space. 1. SUMMARY OF MATOR ENVIRONMENTAL EFFECTS • Loss of open space and open space impacts would remain the same as the proposed project. • Impacts to earth resources and water resources would be similar to the proposed project. 25 �zb • • A • Peak hour tmfiic generation would Increase as compared to the Preferred,Alternative, while total trip generation on a daily basis would decrease. • Noise and air quality impacts would be similar to those of the Pre- ferred Alternative. • Impacts to biological resources would remain the same. • Impacts to cultural resources and aesthetics would be similar to those of the Preferred Alternative. 2. PROTECT OBJECTIVES Alternative B Is inconsistent with a primary objective of the City with respect to the project,Le„ Identification of an appropriate relocation site for the Pletcher Jones Motor Car dealership, Selection of this alternative would likely result in relocation of the dealership outside of the City with consequent adverse economic Impacts to the City. 3. FEASIBILITY. , Implementation of Alternative B would requires zone change,an amend- ment to the CIOSA Agreement an&a Coastal Development Permit. This alternative is compatible with the existing General Plan and Local Coastal Plan. This alternative may not he currently fensible, in that there is substantial undeveloped land zoned for office buildings In the Immediately adjacent area, i.e., Irvine Business Complex, where aMce buildings are entitled and could,be constructed. however,such construction ha$Lnot occurred due to apparent hack of current demand. Therefore, this alternative would likely result In the deferral of any development an the site. 4. COMPARATIVE MERITS This alternative has the same basic environmental Impacts as the proposed project,generates more peak hour traffic,and does not reduce the cumulative loss of open space. Its only advantage is compatibility with the existing General Plan and Local Coastal Plan. The proposed project Is, therefore, considered environmentally superior to Alterna- tive B. S. FINDINGS • Alternative B, the Existing General Plan Alternative,would neither meet the objectives of the City nor result in a lesser degree of adverse impacts-to the environment than the proposed project. • After mitigation, the remaining slgnificant unavoidable adverse Impacts of the proposed project are considered acceptable when balanced against the facts set forth the preceding findings,and in the Statement of Overriding Considerations. C. EXISTING ZONING ALTERNATIVE(Alternative C) Under this alternative, the San Diego Creek North site would be developed consistent with the existing zoning, with public facilities on the portion of the site designated for development under CIOSA. For purposes of this analysis, it would be assumed that a 2.5 acre fare station and a 250 space park and ride would be developed on the site. 26 y7,1 1. SUMMARY OF MATOR ENVIRONMENTAL EFFECTS As compared to the Preferred Alternative, this alternative has the following Impacts: • Land use Impacts would be the same as with the Preferred Alter- native because the site would be developed with urban uses. • Landform modification would likely be similar. • Impacts to water resources would be reduced, due to the less Intensive development of the site. • Peak hour traffic generation of the site would be similar to the Preferred Alternntive due to the high peak hour demand asso. ciated with park and ride facilities. • Air quality and noise impacts resulting from increased traffic volumes would also be reduced. • Impacts to biological resources would be the same as with the proposed project. • Cultural resources Impacts would be similar to those of the Pre- ferred Alternative, depending upon the extent of grading of the site. 2. PROTECT OBTECTIVES This alternative is fundamentally inconsistent with the objective of the City in selecting the Preferred Alternative, i.e., to Identify an appropriate relocation site for the Fletcher Jones Motor Car dealership. This alternative would likely result in adverse economic impacts to the City resulting from potential relocation of the dealership outside of the City, with consequent adverse economic impacts. 3. FEASIBILITY This alternative is considered feasible from a planning perspective. However,the City has not identified sufficient funding to construct either the fire station or a park and ride lot. The anticipated loss of revenue that would occur should the dealership relocate outside the City would make funding a fire station and park and ride even more problematic. This alternative is compatible with the existing Zoning and CIOSA. 4. COMPARATIVE MERITS Alternative C has many of the same basic environmental Impacts as the proposed project and does not reduce the cumulative loss of open space. Its only advantage is compatibility with the existing Zoning and the CIOSA Agreement. The proposed project is considered environmentally equivalent to Alternative C. 9. FINDINGS • Alternative C,the Existing Zoning Alternative, would neither meet the objectives of the City nor result in a lesser degree of adverse impacts to the environment than the proposed project. • After mitigation, the remaining significant unavoidable adverse impacts of the proposed project are considered acceptable when balanced against the facts set forth the preceding-Findings,and in the Statement of Overriding Considerations. 27 yyQl • • ALTERNATIVE SITE LOCATIONS The following discusses alternntives that would relocate the dealership to other sites within the City.of Newport Beach rather than to the proposed San Diego Creek North site. Each of these alternatives was determined to be infeasible for the reasons stated. Therefore,the environmental impacts are not described for these alternatives. D. SAN DIEGO CREEK SOUTH(Alternative D) The San Diego Creek South site is located across San Diego Creek from the proposed project site, and consists of 18.6 acres currently designated in the City's General Plan for 300 dwelling units. The project owner, The Irvine Company, has proceeded to obtain full entitlement for development of the site. The entitlement is protected under CIOSA. 1. FEASTBILITY This alterna6e is no longer under consideration for, the following specific reasons: • A change of zoning to provide for an automobile dealership on the site is not be feasible at this time without the approval of the property owner, which,hasstated its intention to build the site under the present entitlement. • The site is located across the street from existing,residential uses, and development of the site as an automobile dealership would create land use Incompatibilities with existing uses. 2. PROTECT OBIECTIVES Alternative D would meet the City's project objectives with respect to the dealership, but would not meet the City's objectives with respect to.the development of housing on the San Diego Creek South site,and would not meet the objectives and entitlements of the property owner of the San Diego Creek South site. 3. COMPARATIVE MERIT Assuming the proposed project site was maintained in open space, this alternative would result In a small incremental reduction In the cumulative loss of open space. it would, however, result In the Introduction of potentially Incompatible land uses within a residential area. 4. FINDINGS • Alternative D, the San Diego Creek South Alternative, does not appear to be fesible based upon existing entitlements. • Alternative D would create additional environmental Impacts as Compared to the preferred alternative, i.e., the creation of potentially incompatible land uses. • After mitigation, the remaining,significant unavoidable adverse Impacts of the proposed project are acceptable when balanced against the Facts set forth the preceding Findings, and in the Statement of Overriding Considerations. E. BLOCK 800 OF NEWPORT CENTER(Alternative E) This 6.4 acre site is located in Block 800 of Newport Center and is currently proposed for 245 residential dwelling units. The Irvine Company is,proceeding to develop the site under the current General Plan and CIOSA entitlement. 28 O �y • 1. FEASIBILITY This location Is no longer under consideration for the following specific reasons: • At 6.4 acres, the site is considered smaller than desimble for the proposed project and does not meet the project objective of an approximately 8.0 acre site. • The site is not located adjacent to existing or planned freeways and freeway access points, and is considered remote from the John Wayne Airport area. • The property owner has existing entitlement to proceed with development of the site and proposes to develop the site under the current General Plan and C[OSA. 2. PROTECT OBTECIIVES This alternative would only partially meet the City's project objectives with respect to the dealership,and would not meet the objectives of the property owner of the site. The site is too small and Is remote from the freeway network and John Wayne Airport. 3. COMPARATIVE MERTT Assuming the proposed project site was maintained in open space, this alternative would result in a small incremental reduction in the cumulative loss of open space. However, the site is too small for the proposed land use, :and is too remote from the freeway network and John Wayne Airport. 4. FINDINGS • Alternative E, the Block 800 Alternative, does not appear to be feasible based upon the size of the site, location of the site, and existing entitlements. • After mitigation, the remaining significant unavoidable adverse impacts of the proposed' project are acceptable when balanced against the Facts set forth the preceding Findings, and in the Statement of Overriding Considerations. F. NEWPORTER NORTH (Alternative F) This 30 acre site is located at the southwest corner of the Intersection of Jamboree Road and San Joaquin Mills Road, and is currently zoned for 212 residential dwelling units. The property is owned by The Irvine Company,which Is proceeding to develop the site under its current entitlement. 1. FEASIBILITY This alternative is no longer under consideration by the City of Newport Beach for the following reasons: • The site is inconsistent with the objective of locating the deal- ership adjacent to major freeways and near John Wayne Airport. • Assuming that eight acres of the site were developed as an automobile dealership and the balance of the site were developed as residential, there is the potential for land use incompatibilities between residential and automobile dealership uses. 29 �3� • The current property owner has stated Its Intent to develop the site under the current General Plan and CIOSA designation of residential uses. 2. PROJECT OBJECTIVES This alternative would only partially meet the City's project objectives with respect to the dealership,and would not meet the objectives of the property owner of the site. The site's location Is remote from the freeway network and the airport. 3• CONIPARATIVE IIJERIT Assuming the proposed project site was maintained in open space, this alternative would result' In a small incremental reduction in the cumulative loss of open space. However, the alternative site location is not considered viable for the proposed land use, 4. FINDINGS • Alternative F,the Newporter North Alternative,does not appear to be feasible based upon the location of the site and existing entitlements. • After mitigation, the remaining significant unavoidable adverse Impacts of the proposed project are acceptable when balanced against the facts set forth the preceding Findings, and in the Statement of Overriding Considerations. G. CORPORATE PLAZA\VEST(Alternative G) This nine acre site is located near the Intersection of Newport Center Drive and Coast highway. Its current General Plan designation provides for 94,000 square feet of office space. 1. FEASIBJLITY This alternative is no longer under consideration by the Lead Agency for the following reasons: • Development at this site Is Inconsistent with the objective of locating the project near a freeway access point and near John Wayne Airport. • The landowner has indicated its intent to develop the site under the present zoning and CIOSA Agreement. 2. PROJECT OiSTECTIVrs This alternative would only partially meet the City's project objectives with respect to the dealership,and would not meet the objectives of the property owner of the site. Given the site's remote location from the freeway network and the airport, the dealership does not consider the site to be economically viable. 3. COMPARATIVE MERIT Assuming the proposed project site was maintained in open space, this alternative would result In a small incremental reduction In the cumulative loss of open space. however, the site is considered inrea• Bible because its location is remote from the freeway network and the airport. 30 Z3l 4. FINDINGS • Alternative G, the Corporate Plaza West Alternative, does not appear to be feasible based upon location of the site and existing entitlements. • After mitigation, the remaining significant unavoidable adverse impacts of the proposed project are acceptable when balanced against the facts set forth the preceding Findings, and in the Statement of Overriding Considerations. H. FORMER NEWPORT IMPORTS SITE(Alternative H) This site is located near the intersection of Pacific Coast Highway and Newport Boulevard (Route 55), and is the four acre site of a former automobile dealership. This alternative was chosen for consideration because of its former use as an automobile dealership. 1. FEASIBILITY This alternative is no longer under current consideration for the following reasons: • The site is considered too small for the proposed project (seven to eight acre minimum size) and, therefore, does not meet the project objectives. • The site is not located near an existing freeway access point or near John Wayne Airport and, therefore, does not meet the project objectives. 2. PROTECT OBTECTIVES This alternative would only partially meet the City's project objectives with respect to the dealership. Given the site's small size and remote location from the freeway network, the dealership does not consider the site to be economically viable. 3. COMPARATIVE MERIT Assuming the proposed project site was maintained in open space, this alternative would result in a small incremental reduction in the cumulative loss of open space. Ilowever, the site is considered infea- sible because its size and because its location is remote from the freeway network. 4. FINDINGS • Alternative 11, the Newport imports Alternative, does not appear to be feasible based upon the size of the site and the location of the site. • After mitigation, the remaining significant unavoidable adverse impacts of the proposed project are acceptable when balanced against the Facts set forth the preceding Findings, and in the Statement of Overriding Considerations. V. GENERAL FINDINGS 1. The plans for the project have been prepared and analyzed so as to provide for public involvement in the planning and CEQA process. 2. To the degree that any impacts described in the EIR have a significant effect on the environment, or such impacts are cumulative and have been acknowledged 31 i�y • 0 . by the approval of the existing City General Plan,any significant such si nifint effects are outweighed by the facts set forth in the Statement of Overriding Considerations. 3. Comments regarding the Draft EIR received during the public review period have been adequately responded to in written Responses to Comments attached to the Final EIR. Any significant effects,dtscribed in such comments were avoided or substantially lessened by the mitigation measures described in the Draft EIR or are outweighed by the facts set forth in the Statement of Overriding Considerations. 32 i , EXHIBIT B STATEMENT OF OVERRIDING CONSIDERATIONS FLETCHERJONES MOTORCARS The California Environmental Quality Act (CEQA) requires a public agency to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project. The proposed project consists of the development of a 114,000 square foot automotive dealership on a 8.7 acre site located on jamboree Road at Bayvlew Way In the City of Newport Beach. Analysis contained in the Environmental Impact Report for this project has concluded that the proposed project, when combined with other reasonably'foreseeable projects in the vicinity, will contribute to one significant, cumulative impact that cannot be mitigated to a less than significant level. This impact is cumulative loss of open space as compared to the existing condition. Impacts, in all other cases, have been mitigated below a level of significance. All significant adverse impacts are identified in the EIR and are addressed in Findings and Statements of Fact that accompany this Statement of Overriding Considerations. The City of Newport Beach has determined that the one residual adverse cumulative Impact of the proposed project remaining after mitigation is acceptable and outweighed by specific social, economic and other benefits of the project. In making this determination,the following factors and public benefits were considered: 1. The residual, unavoidable adverse impact of the proposed project has already been acknowledged in the adoption of the General Plans of Newport Beach and Irvine, and the University of California at Irvine Long-Range Development Plan. 2. Existing policy entitlements on the project site permit the development of facilities that would generate equivalent environmental effects to the proposed project, including the loss of open space. 3• The proposed project represents a logical extension of existing development patterns in an established urban area where adequate infrastructure, facilities, and services are available,or will be provided with project implementation. 4. Through the Circulation Improvements and Open Space Agreement, the City has adopted an extensive open space preservation program. 5. The project will have a net positive cost/revenue ratio for the City. In addition to the estimated$500,000/ycar in sales tax revenue,the project will result in development fees and property trot revenues that will benefit the City, Newport Mesa Unified School District and the County of Orange. EXHIBIT C MITIGATION MONITORING AND REPORTING PROGRAM ENVIRONMENTAL IMPACT REPORT NO. 155 FLETCHER JONES MOTOR CARS 1. OVERVIEW This mitigation monitoring program was prepared In compliance with Public Resources Code Section 21086.6 (AB 3180 of 1988). It describes the requirements and procedures to be followed by the applicant and the City to ensure that all mitigation measures adopted as part of this project will be carried out. The attached table summarizes the adopted mitigation mea- sures, implementing actions, and verification procedures for this project. II. MITIGATION MONITORING PROCEDURES Mitigation measures can be implemented in three ways: (1) through project design, which is verified by plan check and inspection; (2) through compliance with various codes, ordinances, policies, standards, and conditions of approval which are satisfied prior to or during construc- tion and verified by plan check and/or inspection; and (3) through monitoring during, and reporting after, construction is completed. Compliance monitoring procedures for these three types of mitigation measures are summarized below: A. Mitigation measures implemented through project design. Upon project approval, a copy of the approved project design will be placed in the official project file. As part of the review process for all subsequent discre- tionary or ministerial permits, the file will be checked to verify that the requested permit is in conformance with the approved project design. Field inspections will verify that construction conforms to approved plans. B. Mitigation measures implemented through compliance with codes, ordi- nances, policies, standards, or conditions of approval. Upon project approval, a copy of the approved project description and condi- tions of approval will be placed in the official project file. As part of the review process for all subsequent discretionary or ministerial permits, the file will be checked to verify that the requested permit is in compliance with all applicable codes, ordinances, policies, standards and conditions of approval. Field inspec- tions will verify that construction conforms to all applicable standards and conditions. C. Mitigation measures implemented through construction monitoring. If any mitigation measures require verification and reporting during and/or after construction is completed, the City will maintain a log of these mitigation moni- toring and reporting requirements, and will review completed monitoring re- ports. Upon submittal, the City will approve the report, request additional information, or pursue enforcement remedies in the event of noncompliance. Final monitoring reports will be placed in the official file. 2 MITIGATION MONITORING AND REPORT SUMMARY DRAFT ENVIRONMENTAL IMPACT REPORT NO. 155 SAN DIEGO CREEK NORTH AUTOMOBILE DEALERSHIP AUGUST 31, 1995 IMPLEMENTING METHOD OF TIMING OF RESPONSIBLE MITIGATION MEASURE ACTION VERIFICATION VERIFICATION PARTY(S) A. LAND USE AND PLANNING 1. No mitigation measures are required for project specific Not required. impacts to land me. The cities of Newport Beach and Irvine,and the University of Caliromia,have devetoped-open space preservation programs. B. EARTH RESOURCES 1. Prior to issuance-of a grading permit, the grading Mitigation Grading Plan Prior to issuance Planning contractor shall identify a spoils site for deposition-of Monitoring Check,and Field of any grading Department, exported material. Such spoils site shall have obtained Inspection permit(s) Building CEQA c1mrance in accordance with the requirements of Department the local jurisdiction where the site is-located. 2. As specified in the geotechnical report prepared-for the Mitigation Grading Plan Prior to issuance Planning site(Pacific Soils Engineering, Inc.,May 1995),all loose, Monitoring Check,and Field of any-grading Department, compressible natural soils-and/or loose,compressible on- inspection permit(s),and Building site fill soils should be removed from fill areas where grading operations Department exposed at final grade and replaced with compacted felts in accordance with the recommendations of the geotechnical engineer. All grading should be - accomplished under the observation-and testing-of the - project soils engineer and engineering geologisr in accordance with the recommendations contained in the project geotechnical report,the current grading ordinance of the City of Newport Beach and earthwork-specifications contained in Appendix F of the gcotechnical report. The site preparation.recommendations outlined in section 5.3 of the geotechnical report-shall be followed. N 2 w MITIGATION MONITORING AND REPORT SUMMARY DRAFT' ENVIRONMENTAL IMPACT REPORT NO. 155 SAN DIEGO CREEK NORTH AUTOMOBILE DEALERSHIP AUGUST 31, 1995 IMPLEMENTING MEMOD OF TIMING OF RESPONSIBLE MITIGATION MEASURE ACTION" VERIFICATION VERIFICATION PARTY(S) 3. Prior to issuance of a grading permit, the applicant or Mitigation Grading Plan Prior to issuance Planning successor in interest shall demonstrate to the City of Monitoring Check of any grading Department, Newport Beach Building Department that all facilities will permits) Building be designed and constructed as specified in the City Department adopted version of the Uniform Building Code. • 4. Development of the site shall be subject to a grading Mitigation Grading Plan Prior to issuance Planning permit to be approved by the Building and Planning Monitoring Check of any grading Department, Departments. The application for grading permit shalt be permits) Building accompanied by a grading plan and specifications and Department supporting data consisting of soils engineering and engineering geology reports or other reports if required by the building official. 5. The grading plan shall include a complete plan for Mitigation Grading Plan Prior to issuance Planning temporary and permanent drainage facilities, to minimize Monitoring Check of any grading Department, any potential impacts from silt, debris, and other water permit(s) Building pollutants. Department G. The grading plan shalt include a description of haul Mitigation Grading Plan Prior to issuance Planning routes,access points to the site,watering,and sweeping Monitoring Check of any grading Department, program designed to minimize impact of haul operations. permit(s) Building Department 7. An erosion,siltation and dust control plan shall be Mitigation Grading Plan Prior to issuance Planning • submitted prior to issuance of grading permits and be Monitoring Check of any grading Department, subject to the approval of the Building Department and a permit(s) Building copy shall be forwarded to the California Regional Water Department; Quality Control Board, Santa Ana Region. California Regional Water Quality Control Board,Santa Ana Region W 3 MITIGATION MONITORING AND REPORT SUMMARY DRAFT ENVIRONMENTAL IMPACT REPORT NO. 155 SAN DIEGO CREEK NORTH AUTOMOBILE DEALERSHIP AUGUST 31, 1995 IMPLEMENTING METHOD OF TIMING OF RESPONSIBLE MITIGATION MEASURE ACTION VERIFICATION VERIFICATION PARTY(S) S. The velocity of concentrated run-off from the project site Mitigation Grading Plan Prior to issuance Planning • shall be evaluated and erosive velocities controlled as part Monitoring Check of any grading Department, of the project design. permit(s) Building Department 9. Grading operations and drainage requirements shall meet Mitigation Grading Plan Prior to issuance Planning the standards-set forth in the City's Building Code Monitoring Check of any grading Department, (Appendix Chapter 70-Excavation and Grading, Sections permits) Building 7001-7019)and the Building Department's General Department Grading Specifications. 10. The erosion control measures shall be completed on any Mitigation Grading Plan Within 30 days Building exposed slopes within thirty days after grading, or as Monitoring Speciramdons after grading or as Department approyctl by the Building Department. approved by the Building Department 11. Fugitive dust emissions during construction shall be Mitigation Grading Plan Prior to issuance Planning minimized bywatering the site for dust control, Monitoring Check and Field of grading permits Department, containing excavated soil on-site until it is hauled away, -Inspection and during Building and periodically washing adjacent streets to remove grading and Department accumulated materials. I i construction 12. Prior to the-issuanee-ofany building permits a specific Mitigation Soils and Prior to the Building soils and foundation study shall be prepared and Monitoring Foundation Study issuance of any Department approved by the-Building,D m epartent. building permits) Nei 4 cs� , MITIGATION MONITORING AND REPORT SUMMARY DRAFT ENVIRONMENTAL IMPACT REPORT NO. 155 SAN DIEGO CREEK NORTH AUTOMOBILE DEALERSHIP AUGUST 31, 1995 IMPLEMENTING METHOD OF TIMING OF RESPONSIBLE MITIGATION MEASURE ACTION VERIFICATION VERIFICATION PARTY(S) 13. Sites where the potential for liquefaction has been Mitigation Geotechnical Prior to issuance Building identified, or any other site where the potential for Monitoring Report of any grading Department liquefaction may be encountered during subsequent permits) investigations,shall be further evaluated by a geotechnical consultant to verify the low potential for liquefaction. • The evaluation shall include subsurface investigation with standard penetration testing or other appropriate means of-analysis for liquefaction potential. The project geotechnical consultant shall provide a statement concerning the potential for liquefaction and its possible impact on proposed development. If necessary, the geotechnical consultant shall provide mitigation measures which could include mechanical densification of liquefiable layers, dewatering, fill surcharging or other appropriate measures. The Geotechnical Consultant's report shall be signed by a Certified Engineering Geologist and a Registered Civil Engineer and shall be prepared to the satisfaction of the Building Department prior to issuance of Grading Permit. Grading and building plans shall reflect the recommendations of the study to the satisfaction of the Building Department. 14. Any necessary diversion devices, catchment devices,or Mitigation Grading Plan Prior to issuance Planning • velocity reducers shall be incorporated into the grading Monitoring Check and Held of any grading Department, plan and approved by the Building Department prior to Inspection permit($) Building issuance of grading permits. Berms or other catchment Department devices shall be incorporated into the grading plans to divert sheet Row runoff away from areas which have been stripped of natural vegetation. Velocity reducers shall be incorporated into the design, especially where drainage devices exit to natural ground. 5 MITIGATION MONITORING AND REPORT SUMMARY DRAFT ENVIRONMENTAL IMPACT REPORT NO. 155 SAN DIEGO CREEK NORTH-AUTOMOBILE DEALERSHIP AUGUST 31, 1995 IMPLEMENTING MEMOD OF TIMMG-OF RESPONSIBLE MITIGATION MEASURE - ACTION VERIFICATION VERIFICATION PARTY(S) 15. ALL fill slopes shalt be properly compacted during grading Mitigation Grading Plan Prior to issuance Building • in conformance with the City Grading Code and verified Monitoring Check,and Field of any occupancy Department by the project Geotechnictt Consultant. Slopes shall be Inspection permits) planted with vegetation upon completion of grading. Conformance with this-measure shall be verified by the Building Department prior to the issuance of occupancy permits. 16. Berms-and brow ditches shalt be constructed to the Mitigation Grading Plan Prior to issuance Building satisfaction and approval of the Building Department. Monitoring Check,and Field of any grading Department Water shall not be allowed to drain over any manufac- Inspection permit(s) tured slope face. Topofslope soil berms shall be incorporated into-grading plans to prevent surface runoff from draining over future felt slopes. Brow ditches shall be incorporated into grading plansto divert surficiat runoff from ungraded natural areas around future cut slopes: The design of berms and brow ditches shall be approved by the Building Department prior to issuance of grading permits. 17. Prior to the issuance of grading permits,appropriate Mitigation Landscape Plan Prior to issuance Building artificial substances shall be recommended-by the project Monitoring Check,and Feld of any grading Department landscape architect and approved by the Building Inspection permit s () Department for use in reducing surface erosion until permanent landscaping is well established. Upon com. pletion of grading,stripped area shall be covered with artificiaLsubstances approved by the Building Department. C 6 � t MITIGATION MONITORING AND REPORT SUMMARY DRAFT'ENVIRONMENTAL IMPACT REPORT NO. 155 SAN DIEGO CREEK NORTH AUTOMOBILE DEALERSHIP AUGUST 31, 1995 IMPLEMENTING METHOD OF TIMING OF RESPONSIBLE MITIGATION MEASURE ACTION VERIFICATION VERIFICATION PARTY(S) IS. Prior to the issuance of grading permits,written Mitigation Grading Plan Prior to issuance Building recommendations for the mitigation of Monitoring Check, and Field of any grading Department compressible/collapsible soil potential for the project site Inspection permit(s) shall be provided by the geotechnical consultant. Foun- dation recommendations shall be included. Recommendations shall be incorporated as conditions of approval for the site-specific tentative tract maps and grading plans to the satisfaction of the Building De- partment. Recommendations shall be based on surface and subsurface mapping, laboratory testing and analysis. Mitigation, if necessary,could include: removal and recompaction of identified compressible/collapsible zones, fill surcharging and settlement monitoring, compaction grouting, or foundation design which utilizes deep piles, or other recommended measures. The geotechnical consultant's sitcspecific reports shall be signed by a Certified Engineering Geologist and Registered Civil Engineer, and shall be approved by the Building Department. 19. Written recommendations for the mitigation of expansive Mitigation Geotechnical/Soils Prior to issuance Planning and corrosive soil potential for each site,shall be Monitoring Report of any building Department, provided by the project corrosion consultant, gentecltnical permit(s) Building • consultant and/or Civil engineer. Foundation Department recommendations shall be included. Recommendations shall be based on surface and subsurface mapping, laboratory testing and analysis and shall be incorporated into final building plans prior to issuance of building perm is. The geotechnical consultant's site-specific reports shall be signed by a Certified Engineering Geologist and Registered City Engineer,and shall be approved by the Building Department. Z MITIGATION MONITORING AND REPORT-SUMMARY DRAFT ENVIRONMENTAL IMPACT REPORT NO. 155 SAN DIEGO CREEK NORTH AUTOMOBILE DEALERSHIP AUGUST 31, 1995 IMPLEMENTING METHOD OF TIMING OF RESPONSIBLE MITIGATION MEASURE ACTION VERIFICATION VERIFICATION PARTY(S) 20. The project gcoterhnictl consultant and/or civil engineer Mitigation Grading Plan Prior to issuance Building • shall prepare written site-specific reviews of the tentative Monitoring Check/ of any grading Department tract maps and grading plats addressing all salient Geotechniml permit(s) geotechnictl issues, including groundwater. These Consultant reports shall provide findings, conclusions and rccom. mendations regarding near-surface groundwater and the potential-for artificially induced groundwater as a result of future development,and the effects groundwater may have on bluffs,slopes and structures. The repots shall also address the potential for ground subsidenctron the site and properties adjacent to the sites if dewatering is recommended. The geotechnicrl consultant and/or civil engincer's reports-shall be signed by a Certified Engineering Geologist and Registered Civil engineer and shall be completed to the satisfaction of the Building Department prior to issuance of a-grading permit. C. WATER RESOURCES 1. Prior to issuance of any grading permit,an erosion, Mitigation Grading Plan Prior to issuance Building siltation,and dust control plan shall be submitted,and Monitoring Check of any grading Department shall be subject to the approval of the Building Depart- permits) ment. Y 8 N MITIGATION MONITORING AND REPORT SUMMARY DRAFT ENVIRONMENTAL IMPACT REPORT NO. 155 SAN DIEGO CREEK NORTH AUTOMOBILE DEALERSHIP AUGUST 31, 1995 IMPLEMENTING METHOD OF TIMING OF RESPONSIBLE MITIGATION MEASURE ACTION VERIFICATION VERIFICATION PARTY(S) 2. Prior to the issuance of any grading permit, the design Mitigation Grading Plan Prior to issuance Planning engineer shall verify that the discharge of surface runoff Monitoring Check of any grading Department, from development of any site will be performed in a permits) Building manner so that increased peak Bows from the site will not Department increase erosion immediately downstream of the system. As part of this review, the velocity of concentrated runoff from the project shall be evaluated,and erosive velocities controlled as part of the final project design. Ibis report shall be reviewed by the Planning Department and approved by the Building Department. 3. Erosion control measures contained in the erosion Mitigation Grading Plan Within 30 days Building siltation and(lust control plan shall be implemented on Monitoring Specificuions, and after grading,or Department any exposed slopes within 30 days after grading, or as Field Inspection as directed by the otherwise directed by the Building Department. Building Department 4. Any existing on-site drainage facilities shall be improved as Mitigation Grading Plan Prior to issuance Building required, or updated concurrent with grading and Monitoring Check,and Field of any grading Department, development, to the satisfaction of the Public Works and inspection permit(s) Public Works Building Departments. Improvement plans shall be Department approved by the Public Works Department prior to issuance of a grading permit. • 5. Prior to the issuance of grading permits, the applicant (or Mitigation Grading Plan Prior to issuance Planning applicant's grading contractor) shalt provide to the Monitoring Check,and Field of any grading Department, Building and Public Works Departments haul route plans Inspection permit(s) Building that include a description of haul routes,access points to Department, the sites,and watering and sweeping program designed to Public Works minimize impacts of the haul operation. These plans shalt Department be reviewed and approved by the Public Works Department. Copies of the plans shall be submitted to the City's Planning Department. �J 9 -C. U'l MITIGATION MONITORING AND REPORT SUMMARY DRAFT ENVIRONMENTAL IMPACT REPORT NO. 155 SAN DIEGO CREEK NORTH AUTOMOBILE DEALERSHIP AUGUST 3-1, 1995 IMPLEMENTING METHOD OF TIMING OF RESPONSIBLE MITIGATION MEASURE ACTION VERIFICATION VERIFICATION PARTY(S) 6. Prior to the issuance of grading_petmits, the applicant Mitigation Grading Plan Prior to issuance Building • shall incorporate the following erosion control methods Monitoring Check,and-Field of grading Department into grading plans and operations to the satisfaction of Inspection permits) the Building Department. a. An approved material such as straw,wood chips, plastic or similar materials shall be used to stabilize graded areas prior to revegetation or construction. b. Airborne and vehicle home sediment shalt be controlled during construction-by. the regular sprinkling of exposed soils and the moistening of vehicles loads. c- An approved material-such as riprap (a ground cover of large,loose,angular srones)shalt be used to stabilize any slopes with seepage problems to protect the topsoils in areas of con- centrated runoff. 7. Prior to the issuance of grading permits, the project Mitigation Grading Plan Prior to issuance Building geotechnical consultant and/or civil engineer shall develop Monitoring Check,and Field of any grading Department, a plan for the-divcrsion of stormwatcr away-from any Inspection permit(s) Public Works exposed slopes during grading and construction activities. Department The plan shall include the use of temporary right-of-way diversions (.e., berms or swales) located at disturbed areas or graded righto6way3. The plan will be approved by the Public Works and Building-Departments,and implemented during grading and construction activities. 10 N MITIGATION MONITORING AND REPORT SUMMARY DRAFT ENVIRONMENTAL IMPACT REPORT NO. 155 SAN DIEGO CREEK NORTH AUTOMOBILE DEALERSHIP AUGUST 31, 1995 IMPLEMENTING METHOD OF TIMING OF RESPONSIBLE MITIGATION MEASURE ACTION VERIFICATION VERIFICATION PARTY(S) 8. The applicant shall provide a temporary gravel entrance Mitigation Grading Plan Prior to issuance Building located at every construction site entrance. The location Monitoring Check,and Field of any grading Department, of this entrance shall be incorporated into grading plans Inspection permit(s) Public Works prior to the issuance of grading permits. To reduce or Department • eliminate mud and sediment carried by vehicles or runoff onto public rights-of-way, the gravel shall cover the entire width of the entrance,and its length shall be no less than 50 feet. The entrance plans shall be reviewed and approved by the Public Works and Building Departments concurrent with review and approval of grading plans. 9. The applicant shall construct filter berms or other Mitigation Grading Plan Prior to issuance Building approved devise for the temporary gravel entrance. The Monitoring Check,and Field of any grading Department, berms shall consist of a ridge of gravel placed across Inspection permits) Public Works graded right-of-ways to decrease and filter runoff levels Department while permitting construction traffic to continue. The location of berms shall be incorporated into grading plans prior to the issuance of grading permits. The plans shall be reviewed and approved by the Public Works and Building Departments. 10. During grading and construction, the applicant shall Mitigation Grading Plan Prior to issuance Building provide a temporary sediment basin located at the point Monitoring Check,and Field of any grading Department • of greatest runoff from any construction area. The Inspection permit(s) location of this basin shall be incorporated into grading plans. It shall consist of an embankment of compacted soils across a drainage. The basin shall not be located in an area where its failure would lead to loss of life or the loss of service of public utilities or roads. The plan shall be reviewed and approved by the Building Department. V 11 O\ MITIGATION MONITORING AND REPORT SUMMARY DRAFT ENVIRONMENTAL IMPACT REPORT NO. 155 SAN DIEGO CREEK NORTH AUTOMOBILE DEALERSHIP AUGUST 31, 1995 _ IMPLEMENTING METHOD OF TIMING-OF _ RESPONSIBLE MITIGATION MEASUMF ACTION VERIFICATION VERIFICATION PARTY(S) 11. Notice of Intent. Prior to the approval of a grading Mitigation Grading Plan Prior to approval Building permit, the project sponsor shall submit a Notice of Intent Monitoring, Check,and Notice of any grading Department (NOI)with the appropriate fees for coverage of the SWRCB of intent permits) project under the General Construction Activity Storm requirement Water Runoff Permit to the State Water Resources Control Board at least 30 days prior to initiation of construction activity at the site. The NOI shall include information about the project such as construction activities,material building/inanagement practices,site characteristics,and receiving water information. As required by the General Construction Permit; the Stormwater Concurrent with project shaU develop and implement a Stormwater Pollu• Pollution construction tion Prevention Plan (SWPPP), including inspection of Prevention Plan activities stormwater controls structures and pollution prevention Check,and Field measures. The SWPPP shall be implemented concurrent Inspection with the beginning of the construction activities,and the plan_ shall be kept on site. • 12 MITIGATION MONITORING AND REPORT SUMMARY DRAFT ENVIRONMENTAL IMPACT REPORT NO. 155 SAN DIEGO CREEK NORTH AUTOMOBILE DEALERSHIP AUGUST 31, 1995 RsiPLEMENTING METHOD OF TIMING OF RESPONSIBLE MITIGATION MEASURE ACTION VERIFICATION VERIFICATION PARTY(S) 12. Structural BMP Controls. Prior to the issuance of any Mitigation Grading Plan Prior to issuance Building Grading Permit, the project proponent shall ensure that Monitoring Check,and Field of any grading Department, the project includes implementation of appropriate Inspection permit(s) Public Works structural Best Management Practices (BMPs) to reduce Department . the extent of pollutants in stormwater Bows from the site. Said structural BMPs shall meet the approval of the Public Works Department. The following structural BMPs will be incorporated at the project site: • All automotive maintenance areas will be covered with a roof and will drain to the sewer system rather than the storm drain. • All trash enclosures will be covered. • Car wash areas will be covered and drain to the sewer system rather than the storm drain. • Parking lot and display area catch basins will be provided with grease and oil filters. Maintenance of the selected structural BMPs will he required throughout the life of the project to ensure proper operation. • N 13 L MITIGATION MONITORING AND REPORT SUMMARY DRAFT ENVIRONMENTAL IMPACT REPORT NO. 155 SAN DIEGO CREEK NORTH AUTOMOBILE DEALERSHIP AUGUST 31, 1995 IMPLEMENTING METHOD OF TIMING OF RESPONSIBLE MITIGATION MEASURE ACTION VERIFICATION VERIFICATION PARTY(S) 23. Non-Structural BMP Controls. Prior to the issuance of Mitigation Operations Plan Prior to issuance PubGeWorks • certificates of use and occupancy, the project proponent Monitoring Check,and Field of any Department shall submit an operations plan that ensures that the Inspection certificates)of project operation shall include non-structural BMPs, use and occupancy including the following: Periodic cleaning(.e.,street sweeping) Routinely cleaning on-site storm drain manholes and catch basins • Source control surveys of all on-site industrial facilities Controlling washdown-of non-stormwater discharges from project development facilities • Providing information to employees on disposal of waste oil,grease,and pesticide containers • Carefully controlling pesticide and fertilizer - usage Providing covered areas for trash receptacles,or enclosed features to prevent direct contact with precipitation _ Efficient landscaping irrigation • Common area litter control • Housekeeping of loading docks. All non-structurnt BMPs shall meet the-approval of the Public Works Department. 1 N 14 s MITIGATION MONITORING AND REPORT SUMMARY DRAFT ENVIRONMENTAL IMPACT REPORT NO. 155 SAN DIEGO CREEK NORTH AUTOMOBILE DEALERSHIP AUGUST 31, 1995 IMPLEMENTING METHOD OF TIMING OF RESPONSIBLE MITIGATION MEASURE ACTION VERIFICATION VERIFICATION PARTY(S) 14. Water Quality Management Plan. Prior to the issuance of Mitigation Water Quality Prior to issuance Public Works any building permit, consistent with the Drainage Area Monitoring Management Plan of any building Department Management Plan (DAMP) prepared by the County of Or- Approval permits) ange for compliance with their municipal storm water NPDES permit requirement, the project proponent shall prepare a Water Quality Management Plan (WQMP). Said WQMP shall meet the approval of the Public Works Department. The WQMP shall indicate the proposed structural and non-structural, permanent stormwater quality control measure to be utilized for the project, shall identify the potential pollutant source on the project, and shall describe how the project implements the objectives outlined in the DAMP. 11.1E. Prior to issuance of a grading permit, the final plan of Mitigation Grading Plan Prior to issuance Public Works water,sewer and storm drain facilities shall be approved Monitoring Check of any grading Department by the Public Works Department. Any systems shown to permit(s) be required by the review shall be the responsibility of the developer, unless otherwise provided for through an agreement with the property owner or serving agency. TRAFFIC AND CIRCULATION Prior to approval of building permits, the project should Mitigation Payment of Fees Prior to approval Public Workscontribute, on a fair share basis, towards the cost of the Monitoring of any building Department, improvement at the intersection of Jamboree Road/Bristol permit(s) Director Street North. Said contributions shall meet with the approval of the Director of Public Works. AIR QUALITY NJ 15 -C. MITIGATION MONITORING AND REPORT SUMMARY DRAFT ENVIRONMENTAL IMPACT REPORT NO. 155 SAN DIEGO CREEK NORTH AUTOMOBILE DEALERSHIP AUGUST 31, 1995 IMPLEMENTING METHOD OF TIMING OF RESPONSIBLE MITIGATION MEASURE ACTION VERIFICATION VERIFICATION PARTY(S) 1. Standard dust control practices dictated by SCAQMD Rule Mitigation Grading Plan Prior to issuance Planning ,• 403 shall be followed. Monitoring, Check,and Field of any grading Department, SCAQMD Inspection permit(s) Building requirements Department 2. The applicant shall specify the use of concrete,emulsified Mitigation _ Plan Check,and Prior to issuance Planning asphalt,or asphaltic cement,none of which produce Monitoring Feld Inspection ofany building Department; significant quantities of VOC emissions. permit(s) Building Department 3. To avoid exceedance of SCAG's threshold of significance Mitigation Grading Plan Prior to issuance Planning for NOx emissions,construction export operations are Monitoring Specifications and of any grading Department, limited to a maximum of ten hours per day, including one Feld Inspection permir(s) Building hour of down time. Department F. NOISE 1. Any rooftop or other mechanical-equipment shall be Mitigation Plan Checks,and Prior to issuance Planning sound attenuated in such a:manner as to achieve a Monitoring Feld Inspection of any building or Department, maximum sound level of 55 dBA at the property line. construction Building permit(s) Department 2. Any mechanical equipment and emergency power Mitigation Plan Checks, Prior to issuance Planning generators shall be screened from view,and noise Monitoring and Feld of any building or Department, associated with said installations shall be sound Inspection construction Building attenuated so as not to exceed-55 dHA at the property permit(s) Department line. The latter shall be based-upon the recommendations of a licensed engineer practicing in acoustics,and shall be approved by the Planning Department. 16 O MITIGATION MONITORING AND REPORT SUMMARY DRAFT ENVIRONMENTAL IMPACT REPORT NO. 155 SAN DIEGO CREEK NORTH AUTOMOBILE DEALERSHIP AUGUST 31, 1995 IMPLEMENTING METHOD OF TIMING OF RESPONSIBLE MITIGATION MEASURE ACTION VERIFICATION VERIFICATION PARTY(S) 3. Pursuant to the City of Newport Beach Noise Ordinance Mitigation Grading Plan Prior to issuance Planning Section 10.28.040, construction adjacent to existing Monitoring Check, of any demolition, Department residential development shall be limited to the hours of Construction Plan grading,or 7:00 a.m. to 6.30 p.m. Monday through Friday, and 8:00 Checks,and Field building permits) • a.m. through 6:00 p.m. on Saturday. Construction shalt Inspection not be allowed outside of these hours Monday through Saturday or at any time on Sundays and federat holidays. Verification of this shalt be provided to the Planning Department. G. BIOLOGICAL RESOURCES 1. Final project design will include measures to buffer the Mitigation Grading Plan Prior to issuance Planning project from adjacent wetland areas, including the SJHTC Monitoring Check, and Field of any grading Department, mitigation site and the existing wetland adjacent to the Inspection permit(s) Building southeast comer of-the project. The final buffer design Department, shall be approved by the California Department of Fish California and Game and the California Coastal Commission. While Department of a combination of landscaping and the presence of the Pish and Game, Bayview extension may be considered adequate to buffer California Coastal the project from the SJHTC mitigation site,additional Commission measures will likely be required for the nearer existing wetland site. Design measures to be considered include a . five foot high concrete block watt or equivalent barrier that will preclude human access from the project site and reduce the effects of human activity. 2. impacts resulting from the use of non-native, invasive Mitigation landscape Plan Prior to-issuance Planning plant species will be mitigated by developing a landscape Monitoring Check, and Field of any building Department plan that avoids the use of non-native invasive plants. A Inspection permit(s) landscape plan prepared with consideration of the following information must be approved by the City prior to the issuance of building permits: �(T 17 MITIGATION MONITORING AND REPORT SUMMARY DRAIN C ENVIRONMENTAL IMPACT REPORT NO. 155 SAN DIEGO CREEK NORTH AUTOMOBILE DEALERSHIP AUGUST 31, 1995 IMPLEMENTING METHOD OF TIMING OF RESPONSIBLE -MITIGATION MEASURE - ACnON VERIFICATION VERIFICATION PARTY(S) Problbited Species All non-native plants that are potentially invasive via airborne seeds,or that are particularly difficult to control once escaped,will be prohibited from 211-parts of the project Such species indudq but are not-limited to,the following: • Tree-of-heaven (Allambus spp.) • Giant reed(Arundo donaa) • Garland chrysanthemum (Cbrystzmbemuns coromarltrm) • Pampas grass (Cortaderla spp.) • Brooms (Cytlsus spp.) • Bermuda buttercup(Oxalls-pes-caprae) • Fountain/Kikuyu grass (Pennlsetum spp.) • German ivy(Senedo mikanoldes) • Tamarisk(Tamadx spp.). Permitted Species �. Some invasive,exotic species are known to be con- trollable-in well-managed situations. Such species maybe used in project landscaping if a City approved biologist approves the species and-proposed use. For example, area that are separated from existing wettand areas by a substantial area of paving could be-planted with hybrid bermuda grass. Non-native,invasive species that could be used under these circumstances include, but are not limited to, the following: s �� 18 MITIGATION MONITORING AND REPORT SUMMARY DRAFT ENVIRONMENTAL IMPACT REPORT NO. 155 SAN DIEGO CREEK NORTH AUTOMOBILE DEALERSHIP AUGUST 31, 1995 IMPLEMENTING METHOD OF TIMING OF RESPONSIBLE MITIGATION MEASURE ACTION VERIFICATION VERIFICATION PARTY(S) • Hottentot-fig(Carpohrotus edults)l • Bermuda grass (Cynodon dactylon)Z • Myoporam (Myoporum laetum) • Pepper trees (Schtmrs spp.) • • Cape Honeysuckle (Tecomarta capensts)l • Periwinkle (Wnca spp.). 3. The effects of night lighting on adjacent natural areas, including the SJHTC mitigation site, will be reduced by the design of lighting that is either low intensity or highly directional. Prior to the issuance of building permits, a lighting plan Mitigation Lighting Plan Prior to issuance Planning shall be approved by the City, demonstrating that Monitoring Check,and Field of any building Department appropriate lighting will be installed for the display area, Inspection permit(s) parking lots and areas adjacent to wetlands to minimize spillage into the habitat areas. The plan will include, but not be limited to, lighting directed onto the project site, and the use of soft light intensity factures. Prior to the issuance of any certificate of use and Mitigation lighting Plan Prior to issuance Planning occupancy, the project proponent shall provide evidence, Monitoring Check,and Field of any Department meeting the approval of the City, that the installed inspection certirtcate(s) of lighting meets the objectives of the plan. If necessary, use and occupancy shields on the back of lights or other screening shall be placed to cut off light beyond project area. I Should be prohibited in areas adjacent to natural open spaces. - 2 Hybrid Bermuda grass,which is sterile or produces only sterile seed, should be permitted in landscaped areas, when surrounded by an appropriate hardscapc buffer or an apron of non-invasive plant species(to prevent vegetative spread into natural areas). 19 W MITIGATION MONITORING AND REPORTSUMMARY DRAFT ENVIRONMENTAL IMPACT REPORT NO. 155 SAN DIEGO CREEK NORTH AUTOMOBILE DEALERSHIP AUGUST 31,, 1995 IMPLEMENTING METHOD OF TIMING OF RESPONSIBLE MITIGATION MEASURE ACTION VERIFICATION VERIFICATION- PARTY(S) 4. Prior to the issuance of grading permits for the project,a Mitigation Approval of Prior to issuance Planning . detailed Interim Habitat Loss Mitigation Plan (IHLMP), Monitoring Interim Habitat of any grading Department, U.S. incorporating Mitigation Measures 7-5 and 7-6,shall be Loss Mitigation permit(s) Fish and ViIdlife prepared by the City and submitted to the U.S. Fish-and Plan Service,California lWildtife Service-(USFWS)and California Department of Department-of Fish and Game(CDFG) for approval. The purpose of Irish and Game these measures is to increase the amount and quality of scrub-habitat that can be utilized by the California gnats atcher and other species that require this habitat. This will both compensate for the project induced loss of potential breeding habitat and increase the potential for wildlife movement by increasing the size of important populations. • �� 20 MITIGATION MONITORING AND REPORT SUMMARY DRAFT'ENVIRONMENTAL IMPACT REPORT NO. 155 SAN DIEGO CREEK NORTH AUTOMOBILE DEALERSHIP AUGUST 31, 1995 IMPLEMENTING METHOD OF TIMING OF RESPONSIBLE MITIGATION MEASURE ACTION VERIFICATION VERIFICATION PARTY(S) The specific habitat replacement and exotic weed removal measures to be incorporated into the detailed IIILMP, including the actual acreage, may be modified with the approval of the California Department-of Fish and Game • and the U.S. Fish and Wildlife Service. The detailed IHLMP will include the following elements: • Overview/Objective • Plant Palettes and Planting Densities • Planting Methods and Timing • Site Preparation • Exotic Weed Removal • Irrigation • Maintenance • Performance Standards • Monitoring • Remedial Measures. The implementation of these measures will occur at the first feasible opportunity,with consideration of site preparation and plant propagule collection requirements. • Y U\ 21 MITIGATION MONITORING AND REPORT SUMMARY DRAFT ENVIRONMENTAL IMPACT REPORT NO. 155 SAN DIEGO CREEK NORTH AUTOMOBILE DEALERSHIP AUGUST 31, 1995 IMPLEMENTING METHOD OF T1MWG OF RESPONSIBLE MITIGATION MEASURE ACTION VERIFICATION VERIFICATION PARTY(S) 5. Prior to final design, the limit ofthe wetland area adjacent Mitigation Approval of Prior to approval Planning • to the project wilt be staked in the field by qualified Monitoring IHLMP,-Grading of Grading Plan Department, person,and this limit will be surveyed and placed on the Plan Check,and Building .base map used to prepare the final-plans. Prior to Feld-Inspection Department initiation of clearing and/or other construction activity, this timitwill be clearly marked in the field with staking _ and ribbon, rope or fencing,and the contractor(s)will be advised by the City inspector that this area is not to be disturbed for any reason. This area will be monitored by the City during regular inspections to ensure that there is no encroachment. 6. An approximately 3.5 acre portion of the City owned Mitigation Approval of II11.MP Prior to issuance Planning property in the.Big-Canyon area adjacent to Upper Monitoring of grading Department Newport Bay shalt-be restored/converted to coastal sage permit(s) scrub habitat. The goal of the additional habitat creation is to increase the California.gnatcttcher population by at least one pair. 7. As pan of the Big Canyon restoration effort, the City will Mitigation Approval of If II.MP Prior to issuance Planning • implement a three year program for the removal of Monitoring of grading Department pampas grass and myoporum-from City property in the permit(s) mouth of Big Canyon. The-first year will concentrate on initial removal at an appropriate time of year,i.e.,prior to seed formation. The-following two years will consist of spot removal of new seedlings or root sprouts. H. CULTURAIJSCIENTIFIC RESOURCES r� 22 4� MITIGATION MONITORING AND REPORT SUMMARY DRAFT ENVIRONMENTAL IMPACT REPORT NO. 155 SAN DIEGO CREEK NORTH AUTOMOBILE DEALERSHIP AUGUST 31, 1995 IMPLEMENTING METHOD OF TIMING OF RESPONSIBLE MITIGATION MEASURE ACTION VERIFICATION VERIFICATION PARTY(S) 1. City Council Policy K-5 outlines the City's requirements with respect to archaeological resources. The following specific measures are recommended in conformance with Policy K-5. A. A qualified archaeologist shall be present during Mitigation Grading Plan Prior to issuance Planning pregrade meetings to inform the project sponsor Monitoring Specifrmdons, and of any grading or Department - and grading contractor of the results of any Field Inspections construction previous studies. In addition, an archaeologist permits) shall be present during grading activities to in. spect the underlying soil for cultural resources. If significant cultural resources are uncovered, the archaeologist shall have the authority to stop or temporarily divert construction activities for a period of 48 hours to assess the signifimnce of the find. B. In the event that signifimnt archaeological Mitigation Grading Plan Prior to approval Planning remains are uncovered during excavation and/or Monitoring Specifications,and of any grading Department grading, all work shall stop in that area of Field Inspection permit(s) subject property until an appropriate data recov- ery program can be developed and implemented. The cost of such a program shall be the , responsibility of the project sponsor.C. Prior to issuance of any grading permits, the Mitigation Letter from Prior to issuance Planning applicant shall waive the provisions of AB 952 Monitoring Applicant to City of any grading Department, City related to City of Newport Beach responsibilities permits) Attorney for the mitigation of archaeological impacts in a manner acceptable to the City Attorney. �� 23 MITIGATION.MONITORING AND REPORT SUMMARY DRAFT ENVIRONMENTAL IMPACT REPORT NO. 155 SAN DIEGO CREEK NORTH AUTOMOBILE DEALERSHIP AUGUST 31, 1-995 IMPLEMENTING M=OD OF UKWG OF RESPONSIBLE MITIGATION MEASURE ACTION VERIFICATION VERIFICATION PARTY(S) 2. Any sites uncovered shall be mitigated pursuant to Mitigation Grading Plan Prior to issuance Planning Council Policy K 5. where further testing or salvage is Monitoring Specifications,and of any grading Department required, the applicant shall select a City approved,quali- Feld Check permit(s) fled archaeologist to excavate a sample of the site. All testing and salvage shall be conducted prior to-issuance of grading permits or-use of an area for-recreational purposes. A written report summarizing the findings of the testing and data recovery program shall be submitted to-the Planning Department within 90 days of the completed data recovery program. 3. The applicant shaltdonate all archaeological material, Mitigation Grading Plan Prior to issuance Planning historic,or prehistoric, recovered during the project toa Monitoring Specifications,and of any grading Department local institution that has the proper facilities for curntion, field-Check permit(s) display and study by qualified scholars. All material shall be transferred to the approved facility after laboratory analysis and a report have been completed. The appropriate local institution shall-be approved by the Planning Department based on a recommendation from the qualified archaeologist. S 4. A prc-grade reconnaissance of the area shall be made by-a Mitigation Grading Plan Prior to issuance Planning qualified paleontologist to assess whether any significant Monitoring Specifications,and of any grading Department fossils currently arc exposed. Any fossils observed and Feld Check permits) deemed significant shall be salvaged. - - 5. A qualified palcontologist•shall be retained to monitor Mitigation Grading Plan Prior to issuance Planning and, if necessary,salvage scientifically significant fossil Monitoring Specifications,and of any grading Department remains. Feld Check permits) 6. The paleontologist shall have the power to temporarily Mitigation Grading Plan Prior to issuance Planning divert or direct grading efforts to allow the evaluation and Monitoring Specifications,and of any grading Department - any necessary•salvage of exposed fossils. - Feld-Check permit(s) - N� 24 cS� MITIGATION MONITORING AND REPORT SUMMARY DRAFT ENVIRONMENTAL IMPACT REPORT NO. 155 SAN DIEGO CREEK NORTH AUTOMOBILE DEALERSHIP AUGUST 31, 1995 IMPLEMENTING METROD OF TIMING OF RESPONSIBLE MITIGATION MEASURE ACTION VERIFICATION VERIFICATION PARTY(S) 7. Monitoring shall be on a full-time basis during grading in Mitigation Grading Plan Prior to issuance Planning geologic units of high paleontologic sensitivity. Monitoring Specifications, and of any grading Department Field Check permit(s) 8. Spot-checking of low sensitivity sediments shall be Mitigation Grading Plan Prior to issuance Planning • conducted by a qualified paleontologist. Should Monitoring Specifications, and of any grading Department significant fossils be observed during grading in these Field Check permit(s) units, full-time monitoring may be required. 9. All collected fossils shall be donated to a museum Mitigation Grading Plan Prior to issuance Planning approved by the City of Newport Beach Planning Monitoring Specifications,and of any grading Department Department. Field Check permits) 10. A final report summarizing findings, including an itemized Mitigation Grading Plan Prior to issuance Planning inventory and contextual stratigraphic data, shall Monitoring Specifications,and of any grading Department accompany the fossils to the designated repository-,an Field Check permit(s) additional copy shall be sent to the appropriate Lead Agency. • 25 MITIGATION MONITORING AND REPORT SUMMARY DRAFT ENVIRONMENTAL IMPACT REPORT NO. 155 SAN DIEGO CREEK NORTH AUTOMOBILE DEALERSHIP AUGUST 31, 1995 IMPLEMENTING MEIROD OF TIMING-OF RESPONSIBLE MITIGATION MEASURE ACTION VERIFICATION VERIFICATION PARTY(S) I. AESTHETICS - 1. A landscape screen and/or equivalent barrier shall be Mitigation landscape Plan Prior to issuance Planning constructed along the northeastern project boundary to Monitoring Check,and Tield Of any landscape Department screen service areas from view from the Jamboree Road Inspection permit(s) southbound on-mmp.and from the bicycle trail that will parallel thcon-tamp. J. RECREATION K. IIAZARDOUS WASTES AND MATERIAIS 1. Prior to approval of a grading permit,grading - specifications for the project shall require the following to the satisfaction or the Building Department: ,m 26 O MITIGATION MONITORING AND REPORT SUMMARY DRAFT ENVIRONMENTAL IMPACT REPORT NO. 155 SAN DIEGO CREEK NORTH AUTOMOBILE DEALERSHIP AUGUST 31, 1995 IMPLEMENTING METHOD OF TIMING OF RESPONSIBLE MITIGATION MEASURE ACTION VERIFICATION VERIFICATION PARTY(S) a) All trash on the site shall be disposed of Mitigation Grading Plan Prior to approval Building properly. Monitoring Check,and Field of any grading Department • Inspection permit(s) b) Hazardous materials residue in the vicinity of the rive gallon solvent can and the tar residue identified on the wood debris and soils shall be removed and disposed of properly. After removal of the debris,soils in the vicinity of the contaminated sites shall be tested to ensure proper cleanup,per the recommendations of the environmental remediation engineer. c) Creosote treated power poles shall be removed and properly disposed of properly upon relocation, per the recommendations of the environmental remediation engineer. d) Any abandoned septic tanks systems encountered [luring grading shall be disposed of properly, per City of Newport Beach requirements. L. PUBLIC SERVICES • � I 27 MITIGATION MONITORING AND REPORT SUMMARY DRAFT ENVIRONMENTAL IMPACT REPORT NO. 155 SAN DIEGO CREEK NORTH AUTOMOBILE DEALERSHIP AUGUST 31, 1995 IMPLEMEDMNG MEMOD OF TIMING OF RESPONSIBLE MITIGATION MEASURE ACTION VERIFICATION VERIFICATION PARTY(S) M. UTILITY AND SERVICE SYSTEMS 1. Prior to the approval of a grading permit, the project Mitigation Building Plan Prior to approval Public Works proponent shalCdetermine the-appropriate method of Monitoring Check of any grading Department wastewater disposal to the satisfaction of the Public Works permits) Department. 2. If-disposal through a septic tank system is selected, the Mitigation Grading Plan Prior to issuance Public Works project proponent shall construct the system in Monitoring Check,and field of any grading Department compliance with'On-Site Sewage Absorption System Inspection permit(s),for Guidelines"prepared by the Orange County Health Care septic tank Agency. Consistency with said guidelines shall be deter- facilities mined by the Public Works Department prior to issuance of a grading permit for any septic tank facilities. The septic tank shall be operated in a manner to-avoid.pollu. tion of-local groundwater supplies. - F 20 Q`\r , *tunent No. 4 RESOLUTION NO._ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING AN AMENDMENT TO THE LAND USE ELEMENT OF THE NEWPORT BEACH GENERAL PLAN TO REDESIGNATE THE SAN DIEGO CREEK NORTH SITE TO RETAIL AND SERVICE COZ NIERCIAL AND ESTABLISH THE DEVELOPMENT LIMTTATION(GENERAL PLAN AMENDMENT 95-1(D)j WHEREAS,as part of the development and implementation of the Newport Beach General Plan the Land Use Element has been prepared;and 1 WHEREAS, the Land Use Element sets forth objectives, supporting policies and limitations for development in the City of Newport Beach;and WHEREAS,the Land Use Element designates the general distribution and general location and extent of the uses of land and building intensities in a number of ways, including residential land use categories and population projections, commercial floor area limitations, and the floor area ratio ordinances;and WHEREAS, the Land Use and Circulation Elements are correlated as required by California planning law;and WHEREAS,the provisions and policies of the Land Use and Circulation Elements are further implemented by the traffic analysis procedures of the Traffic Phasing Ordinance and the implementation programs of that Ordinance and the Fair Share Traffic Contribution Fee Ordinance;and WHEREAS, the Planning Commission has held a public hearing and has recommended City Council approval of the proposed amendment;and WHEREAS, the City Council has held a public hearing to consider the proposed amendment;and WHEREAS, Final Environmental Impact Report No. 155 has been prepared and certified for the proposed project consistent with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the City's Implementation Procedures for CEQA (Council Policy K-3 and the Final EIR have been reviewed and considered prior to approval of the project). 1 y63 0 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that General Plan Amendment 95-l(D),is hereby approved,as follows: Land Use Element: Page 73 3. San Diego Creek Nortli This site is located on Jamboree Road easterly of the Bayview, Planned Community. The site is designated for Administmtive, Professional-and-Financial-Gemmereial Retail mid Service Commerclal(RSC)land use and is allocated_a floor area ratio of 0.5/0.75. 44-2;000-squar ee— pire Stadon-msewa6on-eft-5-aereAs-als"esignated4n4w"rea ADOPTEDTHIS day of. 1995. MAYOR ATTEST CITY CLERK f4vdas ylmin�+jm'�hp�93.I D doe 2 y6q • Attachment No. 5 RESOLUTION NO. 95 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING LOCAL COASTAL PROGRAM AMENDMENT NO. 39 FOR THE SAN DIEGO CREEK NORTH SITE WHEREAS, the Coastal Act of 1976 requires the City of Newport Beach to prepare a local coastal program,and WHEREAS, as part of the development and implementation of the Coastal Act, a Local Coastal Program,Land Use Plan has been prepared;and WHEREAS, said Land Use Plan sets forth objectives and supporting policies which serve as a guide for future development in coastal areas of the City of Newport Beach;and WHEREAS,the Planning Commission has held a duly noticed public hearing to consider a certain amendment to the Land Use Plan of the Newport Beach Local Coastal Program;and WHEREAS, the City Council has held a duly noticed public hearing to consider a certain amendment to the Land Use Plan of the Local Coastal Program;and WHEREAS, pursuant to the California Quality Act an Environmental Impact has been prepared for the proposed project. NOW, THEREFORE, BE 1T RESOLVED by the City Council of the City of Newport Beach that an amendment to the Land Use Plan of the Newport Beach Local Coastal Program is approved,as follows: Page 68: 3. San Diego Creek North This site is located on Jamboree Road easterly of the Bayview Planned Community. The site is designated for t�dm'„a,,s; e;_: fessienal and�tinaneia(C-0mmere al Retail and Service Connnercfal/RSCI land use and is allocated a floor area ratio of 0.510,75, 1 ,000 s 2.5 acres is else designated-in-this-area: BE IT FURTHER RESOLVED that the City Council has read and considered the information contained in the draft Environmental Impact Report, and determines that it is adequate to serve as the environmental documentation for the project. 1 26y ADOPTED this_day of 1995. MAYOR ATTEST: CITY CLERK f,Nindm;p W ning'f m'PMLCPJ9.doe ' 2 y66 , • Att,*nt No. 6 RESOLUTION NO._ A RESOLUTION OF THE CITY COUNCIL APPROVING AN AMENDMENT TO THE THE PLANNED COMMUNITY DISTRICT REGULATIONS FOR THE SAN DIEGO CREEK NORTH AND JAMBOREE/ MACARTHUR PLANNED COMMUNITY (PLANNING COMMISSION AMENDMENT NO.823) WHEREAS, as part of the development and implementation of the Newport Beach General Plan the Land Use Element has been prepared;and WHEREAS,the Newport Beach Municipal Code provides specific procedures for the implementation of Planned Community zoning for properties within the City of Newport Beach;and WHEREAS, the proposed revisions to the Planned Community District Regulations are consistent with the Newport Beach General Plan,as proposed by the accompanying General Plan Amendment No.95-1 (D);and WHEREAS,the proposed project meets the criteria of the Traffic Phasing Ordinance; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach does hereby approve an amendment to the San Diego Creek North and JamboreWacArthur Planned Community District Regulations as attached hereon as Exhibit 1. ADOPTED this—day of 1995. MAYOR ATTEST: CITY CLERK Attachment: Exhibit 1 f%bLb%%sp1=vai ej0pMRmA828 doe 1 zb7 EXHIBIT I AMENDMENT NO. 823 SAN DIEGO CREEK NORTH AND JAMBOREE/MACARTHUR PLANNED COMMUNITY DISTRICT REGULATIONS Prepared for: City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Prepared by: The Irvine Company 550 Newport Center Drive Newport Beach, CA 92658-8904 Adopted Ordinance No. Amendment No. TABLE OF CONTENTS Page No. Introduction 1 Section I General Notes 4 Section, II Permitted Uses 5 List of Figures Figure I General Site Location 2 Figure II Land Use Plan 3 Figure III Statistical Analysis 7 �y INTRODUCTION PURPOSE AND INTENT The San Diego Creek North and Jamboree/MacArthur Planned Community (P-C) Districts Regulations have been developed in compliance with the City of Newport Beach General Plan. This P-C has also been developed pursuant to Chapter 20.51 of the Newport Beach Municipal Code. The intent of these District Regulations is to provide for the retention of the sites as open space and public facilities areas with selected permitted uses; and the establishment of an area for an automobile dealership facility with sales and repair;_ support retail and food uses. y(/ r LOCA77ON �i COS M MESA NEW., . BFA CH VICINITY MAP t� ,fi��fir..,. •., mum •:�� 4.t r L • I, . • I - "OT To ,t rj cl, A K ") -{ N tt •�'• ^(y�l�dj{, F �5 C I p�� NY�•Y •�,Alt�,j �1 •t � • OR v� V A `v 'QpA (T3i R Q Ap Nq'f' CAP 0 :mat:• '' '..• -•.: `' '•'�f^ ��,-r � N .t� .�iti'•.•.!a�i.'�•N•hy ' i •� O �t ^f,fl? �11.1r1: Y.r�• ti�.\'1}M•ff�.•�l, R` p SAN DIEGO CREEK CHANNEL ® RETAIL+SERVICE COMMERCIAL *I*v OPEN SPACE/PUBLIC FACILITIESgo I NATURAL OPEN SPACEEd -N- LAND USE PLAN SAN DIEGO CREEK NJJAMBOREE MAC ARTHUR NOT TOO SCAL PLANNED COMMUNITY DISTRICT < SECTION I GENERAL NOTES 1 . WATER ,SERVICE Water within the Planned Community will be furnished by the City of Newport Beach. 2 . GRADING AND EROSION Grading and erosion control shall be carried out in accordance with the provisions of the City of Newport Beach Grading Ordinance and shall be subject to permits issued by the Building and Planning Departments. 4 ,,may SECTION II PERMITTED USES The following are permitted uses within the natural open space area (Area 1) : 1 . Preservation and restoration of existing habitat and wetlands. 2 . Habitat and wetland creation and enhancement. 3 . Ecological and agricultural research. 4 . Utilities 5. Equestrian, pedestrian and bicycle trails . The following are permitted uses within the open space/public facilities area (Area 2) : 1 . Preservation and restoration of existing habitat and wetlands. 2 . Passive and active public recreation facilities such as hiking, biking, scenic outlooks, picnicking and equestrian trails. 3 . Biotic gardens. 4 . Other uses that the Planning commission finds compatible with the natural amenities of this parcel. 5. Transportation corridors, appurtenant facilities, arterial highways and vehicular access to the other permitted uses. 6. Utilities and water tanks. 7 . Fuel modifications zones. 5 X' 8 - Parle and ea_ fae i ; t--Y_ 8. Fire station. -1-88 . Drainage and flood control facilities. 449. Any grading necessary for the , permitted uses. 4410. Off-site directional sign. 4411 . Enhanced landscaped corner. The following are permitted uses within the open space/public, facilities area (Area 3) : 1 . Preservation and restoration of existing habitat and wetlands. 2. Passive public recreation uses. 3. Biotic gardens. 9 . Other uses that the Planning Commission finds compatible with the natural amenities of this parcel. 5. Transportation corridors, appurtenant facilities, arterial highways and vehicular access to the other permitted uses. 6. Utilities and water tanks. 7 . Fuel modifications zones. 8. Drainage and flood control facilities. 9. Any grading necessary for the permitted uses. 10. Off-site directional signs. 11 . Enhanced landscaped corner. 6 y�S � The following are permitted uses within the retail service commercial area (Area 4) : 1 Accessory support retail 2 . Specialty Food Establishments in accordance with Title 20 of the Newport Beach Municipal Code. 3 Signs in accordance with the Newport Beach Municipal Code. 4 Preservation and restoration of existing habitat and wetlands . 5 Passive and active public recreation facilities such as hiking, biking, scenic outlooks, picnicking and equestrian trails . 6. Biotic gardens . 7 other uses that the Planning Commission finds compatible with the natural amenities of this parcel. 8 Transportation corridors, appurtenant facilities, arterial highways and vehicular access to the other permitted uses. 9 . Utilities and water tanks. 10. Fuel modifications zones. 11 Drainage and flood control facilities ._ 12 Any grading necessary for the permitted uses. 13 off-site directional signs. 14 Enhanced landscaped corner. THE FOLLOWING ARE PERMITTED USES SUBJECT TO THE SECURING OF A USE PERMIT: 7 1 Automobile sales facilities, subject to the securing of a use permit. 2 Automobile repair facilities only in conjunction with new or used cars sales facilities as the primary use, subject to the securing of a use permit. 3 Restaurants, subject to the securing of a use permit. 6 ,J� IV FIGURE III STATISTICAL ANALYSIS San Diego Creek North and Jamboree/MacArthur Acreage Type Area (Net) Open Space 1 2. 0 Open Space/Public Facilities 2 32=", 3. 07 14 .7 Open Space 3 4 . 7 Retail and Service Commercial 4 9. 63 3ambereefMt3 ���a= 4 -7 San Diego Creek North & Jamboree/MacArthur TOTAL 19.4 F:\...1PC:EX'\PCSDCN.892 9 �F{ : A SECTION I. STATISTICAL ANALYSIS Block 500 1. Project Area Net Acreage 19.66 2. Percentage of Site Coveraee a. Building Footprint 20% maximum b. Landscape 30% minimum 3. Maximum building floor area will not exceed 397,046 square feet. 4. The square footage of individual building sites are subject to adjustment as long as the limitations on total development are not violated. Any adjustment in the square footages for each building site shall be reviewed and approved by the Planning Director. V fcr. fm SECTION I. STATISTICAL ANALYSIS Block 500 1. Project Area Net Acreage 19.66 2. Percentage of Site Coverage a. Building Footprint 20% maximum b Landscape 30% minimum 3. Maximum building floor area will not exceed 398,112 square feet. 4. The square footage of individual building sites are subject to adjustment as long as the limitations on total development are not violated. Any adjustment in the square footages for each building site shall be reviewed and approved by the Planning Director. rcrw.s,I 3 t `� A.V.ti vss "'� • . Attacta0 No. 7 ORDINANCENO. Qq- -9 AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADOPTING THE FIRST AMEDNMENr TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF I IEWPORT BEACH AND THE MVINE COMPANY INC.WITH RESPECT TO THE CIRCULATION IMPROVEMENT AND SPACEOPEN (T (DEVELOP MENT AGREEMENT NO. OA6) The City Council of the City ofNewport Beach DOES ORDAIN as follows: SECTION 1. The City Council finds and declares that: a. The State Legislature and the City Council have determined that the lack of certainty in the approval of development projects can result in a waste of resources,escalate the cost of housing and other development to the consumer, and discourage investment in and commitment to comprehensive planning which would make ma)dmurn efficient utilization of resources at the least economic cost to the public,and b. Assurance ,.a an an applicant may proceed with a project in accordance with epsting policies,Hiles and regulations,and subject to conditions of approval,will strengthen the public planning process,encourage private participation in comprehensive planning,and reduce the economic costs of development;and C. California Government Code Section 65W ct seq. authorizes cities to enter into development agreements with any person having a legal or equitable interest in real-property for the development of the property;and d. Chapter 15.45 of the Newport Beach Municipal Code provides requirements and procedures for the amendment of development agreements;and e. The First Amendment to Development Agreement No.6 has been prepared in compliance with state law..nd theNewport Beach Municipal Code;and city and c ordinance,a duly noticed public hearing L In compliance with state law was held by the City Council to consider Fust Amendment to Development Agreement No.6;and 1 gy y 0 0 g The City Council finds"Pirst Amendment to Development Agreement No. 6 is 'in compliance with the Califomia Environmental Quality Act and Guideline promulgated thereunder,and IL The City Council finds that said First Amendment to Development Agreement No.6 is in conformance with the Newport Beach General Plan SECTION 2. First Amendment to Development Agreement No. 6 (Ordinance No. is hereby adopted and made a part hereof by this reference. SECTION 3. Copies of said Development Agreement are on Me in the offices of the City Clerk and Planning Department of the City of Newport Beach. SECTION 4. M Ordinance shall be published once in the official newspaper of the City,and the same shall be effective thirty(30)days after the date of its adoption This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the day of . 1995,and was adopted on the_day of. 1995,by the following vote,to wit: AYES,COUNCIL 1vfEMBM NOES,COUNCIL MEMBERS ABSENT COUNCIL MBIBERS MAYOR ATTEST CITY CLERK C.WS0MCMWD W0WCWPAWA6AORD.DOC 2 Zg3 EXEMPT RECORDING REQUEST PER GOVERNMENT CODE if 6103 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663-3884 FIRST AMENDMENT TO THE CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT (Pursuant to Government Code Sections 65864-65869.5) This FIRST AMENDMENT ("Amendment" ) to the CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT (the "CIOSA" )is entered into this _day of , 1995, by and between the charter city ("City" ) and The Irvine Company, a Michigan corporation, ("Company" ) . City and Company are sometimes collectively referred to herein as the "Parties. " RECITALS A. On June 30th, 1993, City and Company entered into the CIOSA, an agreement authorized pursuant to Government Code section 65867 and Chapter 15.45 of the Newport Beach Municipal Code. The CIOSA was recorded as Document No. 93-0479122 of the Official Records of Orange County, California. The CIOSA was entered into pursuant to Government Code section 65867 and Chapter 15.45 of the Newport Beach Municipal Code. B. Along with other property owned by Company and described therein, the CIOSA applies to that area of City known as San Diego Creek North ("SDC North" ) . The CIOSA restricts use of SDC North to open apace/ public facilities, consistent with City's Ordinance No. 92-39. C. City and Company are now in agreement that SDC North should be made available for use as the possible future site of an automobile dealership, consistent with the standards and requirements set forth in Exhibit "A" hereto, to the extent that SDC North is not required for the San Joaquin Hills Transportation Corridor. Accordingly, City and Company desire to enter into this Amendment amending the CIOSA to permit development of SDC North with an automobile dealership. 1 AGREEMENT NOW, THEREFORE, for good and valuable consideration received by each part from the other, City and Company agree as follows: 1. Exhibit "D.1 to the CIOSA is hereby amended by changing the "DEVELOPMENT" column for SDC North from "Open Space" to "Open Space/Retail and Service Commercial, " and the "DEVELOPMENT AREA (ACRES) " column for SDC North from "-0-" to "9_6. " 2. Exhibit "E: to the CIOSA is hereby amended by changing the "OPEN SPACE ACRES TO BE DEDICATED" column for SDC North from "8.6" to "01" with an added footnote indicating dedication for commercial purposes. 3. Exhibit "I" to the CIOSA is hereby amended changing the Category 2 site limitations and related constraints map for San Diego Creek North. WHEREFORE, this Amendment is entered into effective the date first written above. CITY OF NEWPORT BEACH, a THE IRVINE COMPANY, a Michigan Municipal corporation corporation By: By: Mayor Gary H. Hunt Executive Vice President ATTEST: By: City Clerk Peter D. Zeughauser Vice President & General Counsel APPROVED AS TO FORM: Robert H. Burnham City Attorney 2 • • I 1 EYMIT"D" CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT DEVELOPMENT AREA DATE: 11/24/92 DEVELOPMENT # PROPERTY DEVELOPMENT AREA(ACRES) 1. SAN DIEGO CREEK SOUTH Residential - 300 D.U. 18.4 SAN D1EG0 CREEK NORTH Gp�p� -0- 2. Retail and Service Commercial 9.6 3. JAMBOREEMIAC ARTHUR Open Space '0' 4, UPPER CASTAWAYS Residential- 151 D.U. 26.0 5, BAYVIEW LANDING Restaurant- 10,000 S.F. or 5.0 Health Club-40,000 S.F. or Senior Residential - 120 D.U. 6. NEWPORTER NORTH Residential-212 D.U. 30.0 7. BLOCK 800 Residential -245 D.U. 6.4 8. CORPORATE PLAZA WEST Office- 94,000 S.F. 9.0 9. FREEWAY RESERVATION Residential-36 D.U. 7.5 North Area South Area Residential - 12. D.U. 3.5 10. NEWPORTER KNOLL Open Space -0- 11. NEWPORTER RESORT Hotel - Additional 68 Rooms onsite 12. NEWPORT VILLAGE Open Space -0' from library to San Miguel) TOTAL 115.4 • EXEIBIT"E" • CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT OPEN SPACE DEDICATION DATE: 11/24/92 OPEN SPACE ACRES TIMING OF # PROPERTY TO BE DECICATED (4) DEDICATION 1. SAN DIEGO CREEK SOUTH 2.4 (3) 2. SAN DIEGO CREEK NORTH -0- (5) 3. 7AMBOREE/MAC ARTHUR 4.7 (3) 4, UPPER CASTAWAYS 30.6 (2) 5, BAYVIEW LANDING 6. NEWPORTER NORTH 47.2 (2) 7, BLOCK 800 -0- N/A 8. CORPORATE PLAZA WEST -0- N/A F10. FREEWAY RESERVATION 17 3 (2) North Area N/A South Area -0" NEWPORTER KNOLL 12.0 (1) 1 i. NEWPORTER RESORT -0- N/A 12. WPORT VILLAGE 12.8 (4) from library to San Miguel) TOTAL 138.1 (1) Open Space to be dedicated upon Effective Date of Agreement. (2) Open Space to be dedicated upon issuance of first building permit. (3) Open Space shall be offered for dedication upon issuance of last building permit of all projects contained in this Agreement. The Company may elect to waive this condition. (4) Open Space area to be dedicated upon issuance of first building permits forboth Upper Castaways and Newporter North. (5) 8.6 acres will be dedicated to the City for commercial land use. CATEGORY 2 Definition. Category 2 sites have either a range of principal permitted uses or no specific delineation of a"development envelope" and"maximum extent of grading for non-public uses." (F through ID Sites included in this category are: F. Jamboree/MacArthur G. San Diego Creek North H. Newporter Resort a e Diego ��""v wr"'ct, Future Discretionary Review: All uses on Jamboree/MacArthur and San Feek ------- would be subject to future CEQA/Coastal Development Permit review. Thus, for purposes of future Coastal Act and LCP review of Jamboree/MacArthur and- ,&n_Dkge-4Gfeek—NeFk approval of the Development Agreement and Development Agreement Addendum provides the following: Deletion of office uses allowed by the approved Newport Beach LUP; Other public facility uses identified for each site in the Development Agreement PC text as found to be within the scope of the approved Newport Beach LUP but, due to absence of analysis of potential impacts and absence of development envelope/maximum grading maps, such uses are subject to full future discretionary review; No encroachment or loss of wetlands is approved and not other habitat- related findings are made other than that the habitat protection/restoration designation for the San Diego Creek north area bordering San Diego Creek is consistent with and in furtherance of Coastal Act Sections 30231 and 302233. The Impacts of the additional hotel rooms on the Newporter Resort would be subject to future CEQA/Coastal Development Permit requirements with full discretionary review. The impact of commercial development on the San Diego Creek North site will be subject to future CEOA/Coastal Development Permit requirements with full discretionary_review. 1 \ ! ••a_ "•%-r r'• AREAS ell . .: t wV'D7//P+'OY Jt Q11J• \ \ I I `- it • !� �%^-,ti• / 'moo/'tGF/Q�:d;^• /�o � NATURAL OPEN SPACE :•\ t.• �� �'+�-`� �� iX / _ �.I. :1": S• I 'r FOR HABITAT ENH N �• / ;.r ��0..•• �• �_x\ '�,: •• j V ! .r %' �• i , A CEMEfvT r '' ' • �� xy � E � i 20 ACHES Mlrn .a. /:�.: 'Y;p: ,, nrtr• '•: _ - I `,•�"• NOTE: .• i '`% N i' r," . \ I . 7 Roads sAo.. .. 'CAS'�+"' •. _. - - \ i =: conceptual purposes • •�', \c_ /n w -``•`,• \ IS; only. Not Included In •; �` "�.._' / ! % J ''• , Development Agree- mentper Addenue 'x:C `` •\\•.../• _ /_� ' ..l ;' \ ` ,\'• Text. ••.�•/ \. - — � ��' i\'• ::_may' i .... M•••.... —`�•-•----�--_�:.- -�. :—_.ram- -- 00NSTRA I N T S MAP ��'� �-•--� SAN DIEGO CREEK NORTH NEUPORT BEACH CALIFORNIA ~�•• M "`��'� • Attach*No. 8 ORDINANCE NO. 95-43 AN ORDINANCE OF THE CITY OF NEWPORT BEACH pDOPTINGADEVELOpbIENf AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND FLETCHER JONES MOTOR CARS,INC.WITH RESPECT TO THE FLETCHER JONES MOTORCARS- LRPE DEALERSHIP PROJECTMENT AGN The City Council of the City of Nevrrt Beach DOES ORDAIN as follows: SECTION 1. The City Council finds and declares that: a. The State Legislature and the City Council have determined that the lack of certainty in the approval of development projects can result in a waste of resources,escalate the cost of housing and other development to the consumer, and discourage investment in and commitment to comprehensive planning which would make maximum efficient utilization of resources at the least economic cost to the public;and an applicant may proceed with a project in accordance with b. Assurance that wisfmg policies,Hiles and regulations,and subject to conditions of approval,will strengthen the public planning process,encourage private participation in comprehensive planning,and reduce the economic costs of development;and C. California Government Code Section 65864 et seq. authorizes Cities to enter into development agreements with any person having a legal or equitable interest in real property for the development of the property,and d. Chapter 15.45 of the Newport Beach Municipal Code provides requirements and procedures for the amendment of development agreements;and e. Development Agreement No.9 has been prepared in compliance with state law and the Newport Beach Municipal Code;and g in compliance with state law and City ordinance,a duly noticed public hearing was held by the City Council to consider Development Agreement No.9;and g, The City Council finds that Development Agreement No. 9 is in compliance with the California Environmental Quality Act and Guidelines promulgated thereunder,and 1 �yj I• The City Council finds that said Ihvclopm•Agreement No. 9 is in conformance with the Newport Beach General Plan SECTION2. Development Agreement No. 9 (Ord'mance No. _� is hereby adopted and made a part hereof by this reference. SECTION 3. Copies of said Development Agreement are on file in the offices of the City Clerk and Planning Department of the City of Newport Beach. SECTION 4. This Ordinance shall be published once in the official newspaperof the City,and the same shall be effective thirty(30)days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City ofNewport Beach held on the day of 1995,and was adopted on the_day of__, 1995,by the following vote,to wit: AYES,COUNCIL MEMfBERS NOES,COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR ATTEST CITY CLERK PLT�C:N%iso FlcaWINWORD'=PAADA9-0RD.DOC 2 y i • 0 THE TEXT OF DEVELOPMENT AGREEMENT NO. 9 WILL BE DELIVERED TO THE CITY COUNCIL PRIOR TO THE SEPTEMBER 11, 1995 PUBLIC HEARING -•� Attache e'nt No. '9 F E,� MEMORANDUM OF UNDERSTANDING: INTRODUCTION: This memorandum expresses an understanding between and among the City of Newport Beach ("CITY") , The Irvine Company ("TIC"') , and Fletcher Jones Motor Cars ("JONES") regarding a series of transfers and actions designed to facilitate the development of an auto dealership on property commonly known as San Diego Creek North (the 11PROPERTY11) . The understanding of the parties is premised on the following: A. JONES currently owns and operates an automobile dealership on real property located at 1301 Quail Street in CITY. The dealership has been successful but is hampered, to some extent, by the absence of any significant frontage on a major arterial . Moreover, JONES existing lease expires in December, 1996 and JONES has received offers to relocate his business outside of Newport Beach. CITY would experience 'significant long term reductions' in total tax revenues of approximately $500, 000 per *year in the event JONES relocates the dealership to another jurisdiction. B. CITY and JONES have determined that the PROPERTY is the only large vacant parcel in the CITY to which the automobile dealership could be relocated. However, the parcel is an extremely difficult one to develop because of the topography, lack of access, the need to accommodate major water and electrical utilities, ;the need to adapt the site plan for a roadway flyover easement, and the 1 need to acquire adjacent property from at least one other public agency. CITY is in a unique position to work with public agencies and utilities to resolve these constraints and has a strong and unique financial incentive to do so. C. Development of the PROPERTY as an automobile dealership will require amendments to the Circulation Improvement and Open Space Agreement ("CIOSAII) - a development agreement between TIC and CITY. The key provisions of CIOSA contemplate a vesting of development entitlement on all vacant parcels owned by TIC, the dedication of all or a portion of many of those parcels for open space or public facility purposes and' a loan from TIC (the CIOSA Advance) to the CITY for improvements related to traffic circulation. TIC is obligated to dedicate the PROPERTY pursuant to CIOSA but only for open space or public facility purposes with the dedication deferred until building permits have been issued for all CIOSA parcels . The development of an auto dealership on the PROPERTY, and certain other commitments of the CITY relative to that project, will require amendments of CIOSA. CITY has determined these amendments will work to the long term advantage of the residents of Newport Beach by preserving approximately $500, 000 in annual sales tax revenue (which funds police, fire, and other essential services) without imposing fees or charges on current residents and businesses . D. The transfers of the PROPERTY from TIC to CITY and from CITY to JONES will be supported by consideration other than cash payments . The CITY is committing to administer the construction 2 yy� ,.1 0 4 and improvement of the El Paseo Storm Drain system - a project that must be completed before TIC is permitted to develop certain entitlement in Newport Center/Fashion Island. The E1 Paseo Storm Drain system improvements, which would be funded by CIOSA Financing District bonds with assessments or special taxes paid by TIC, its tenants, or successors, are necessary to accommodate flows generated by development in its service area and failure to increase the size of the system could result in closing or damage to streets and highways in, the area.. The transfer from the CITY to JONES is accompanied by the latter' s commitment to incur development costs substantially in excess of those normally associated with the development of an automobile dealership (due, to the difficult nature of the PROPERTY and the high quality construction required by CITY and Mercedes Benz) and to accept the assessments specified in this Agreement (Section II. D. ) which will be used to fund major public improvements related to the project. E. Development of the PROPERTY is a complex process during which each of the parties wili•invest substantial time, effort and money. This memorandum serves as blueprint for more detailed and binding documentation necessary to ultimately implement the transfer of the PROPERTY and to ensure that the parties are aware of the significant commitments that each is undertaking to accomplish their mutual objective. In light of the foregoing, the parties wish to express their understanding of the responsibilities of each prior to, and the probable terms and conditions of, the Ultimate transfer of the site to JONES . 3 y� 6 Y A de I. GENERAL CONDITIONS A. This Memorandum of Understanding (MOU) shall be in effect for 120 days to permit the parties to negotiate formal agreements and may be extended upon the mutual consent of the parties. B. The parties agree to use their best efforts to quickly and completely implement the terms of this MOU. II. CONDITIONS TO TIC/CITY TRANSFER: A. TIC will dedicate the PROPERTY to CITY at such time as the conditions specified in subparagraphs B through F are satisfied. B. The documents implementing the transfer of the parcel from TIC to CITY shall designate an automobile dealership as a permitted use but TIC may impose special land use restrictions commonly incorporated into TIC' s other property transfers, including architectural review of the site and development plans. The documents conveying title shall also authorize JONES to convert the PROPERTY from an automobile-dealership to specific land uses to which the parties agree in the event JONES is prohibited from using the PROPERTY as an automobile dealership by any public agency having jurisdiction of this site or JONES is unable to receive or sell enough Mercedes Benz automobiles to successfully support operation of the dealership and JONES is unable, with diligent efforts, to economically operate the dealership with other vehicle lines, provided, however, CITY shall not have the right to convert the PROPERTY to a use other than automobile dealership until 4 twenty-four (2Q months (which may be reduced with agreement by the parties) after JONES ceased using the PROPERTY as an automobile dealership. The land uses to which the property may be converted shall be at densities and intensities consistent with the Land Use Element of the Newport Beach General Plan. TIC shall retain the right of architectural review, and approval of the site and development plans in the event of any conversion. Provisions relative to the conversion of the PROPERTY to a use other than an automobile dealership shall take into account the following: 1. The costs incurred by JONES in the initial development of the site as an automobile dealership, the costs of redeveloping the site for another use, and any outstanding indebtedness secured by any interest in the PROPERTY or improvements . 2 . TIC' s concerns relative to the physical and/or economic impact of conversion on any PROPERTY owned by TIC or any agreement relating to real PROPERTY and to which TIC is a party as well as TIC' s, entitlement to consideration in the event the conversion increases the value of the PROPERTY. 3 . The need for CITY to preserve its sales tax base as a primary vehicle for providing essential services to residents and businesses in Newport Beach. C. TIC shall convey the parcel as raw land in its current condition. Documents transferring title from TIC to CITY shall contain provisions consistent with other TIC transfers of property regarding TIC's representation that no toxic or hazardous material 5 yG�h has been used, stored or disposed of on the PROPERTY. TIC will cooperate with CITY and JONES, at no direct cost to TIC, in the preparation, filing and processing of documentation necessary to secure land use entitlements and the plans to construct all on-site and off-site improvements necessary to prepare the site as an automobile dealership. D. In consideration of TIC' s agreement to modify permitted uses of the PROPERTY and to transfer the PROPERTY to CITY with no direct cash consideration to TIC, CITY will form a CIOSA Financing District . The PROPERTY shall be excluded from the CIOSA Financing District, but shall pay an annual assessment to the CITY of $80, 000 per year for five (5) years, totaling $400, 000 . Further, the CITY shall reduce the total CIOSA District •funding obligation by $400, 000, and agree to construct the extension -of Bayview Drive along the frontage of the PROPERTY without CIOSA District funds . This annual assessment on the PROPERTY shall not become effective until ninety days subsequent to the date on which PROPERTY is first used as an automobile dealership. In addition, 500 of the Fair Share Fees (one time payment) shall be used to reimburse TIC pursuant to the reimbursement provisions of CIOSA. E. The proposed improvements to the El Paseo Storm Drain System should, in light of the potential circulation system impacts that would result from failure of the system, be funded 'through the CIOSA Financing District or through a CIOSA cash advance by TIC. The cost of the E1 Paseo Storm Drain Improvements shall be applied to reduce the amount of the CIOSA advance and shall be subject to 6 1 the reimbursement provisions of CIOSA. Construction of the storm drain improvements shall commence with issuance of the first TIC property building permit causing an incremental increase in flows to the storm drain system. CITY shall not deny entitlement or permits on any of TIC property, the development of which is conditioned, in whole or in part, on the construction of some or all of the E1 Paseo Storm Drain System Improvement Project. F. CITY shall initiate, and approve if appropriate, amendments to the planned communit3L text for block 500 in Newport Center which declare that the current parking supply satisfies the zoning code requirements for the existing office development on site. G. TIC shall cooperate with CITY, at no direct cost to TIC, in the CITY' s efforts to obtain ownership or constructive use of property adjacent to Jamboree that TIC dedicated in fee to the Transportation Corridor Agency (TCA) . In the event CITY is unable to obtain constructive use of the PROPERTY adjacent to. Jamboree and the TCA agrees to reconvey. tA"*PROPERTY to TIC, TIC shall convey the property to CITY and CITY shall grant an easement to . the TCA necessary to accommodate the FLYOVER, with the remainder of the property leased to JONES for one dollar per year and for a term of fifty years for use in conjunction with the automobile dealership. H. TIC, CITY and JONES shall attempt to reach agreement relative to granting TIC a right of first refusal to purchase the PROPERTY in the event of any transfer from CITY or JONES to a successor, provided, however, TIC shall have no right of first 7 �b� refusal with respect to the transfers described in Section III (K) . I . TIC, CITY and JONES shall attempt to reach agreement regarding a reservation of TIC' s right to preserve the off-site directional sign currently located at the corner of Jamboree and Bristol. III. CITY/JONES COMMITMENTS A. CITY shall acquire the PROPERTY from TIC subject to the land use restrictions and conditions specified above, and other non-monetary conditions, restrictions, and exceptions that would not preclude use of the site as an automobile dealership or significantly increase the cost of public or private improvements depicted in the preliminary site plan submitted to TIC and the CITY by JONES (and attached as "Exhibit A") . CITY shall transfer the PROPERTY to JONES subject to agreement regarding the payment of the annual assessment and the one time payment of Fair Share Fees pursuant to Section II . D. . B. CITY will initiate General Plan and Zoning amendments consistent with the preliminary site plan and the public improvements described in this MOU (to the extent those improvements are owned or controlled by CITY) . • C. CITY and JONES will, cooperate with one another in the processing of permits and licenses necessary to entitle the PROPERTY and/or construct the improvements necessary to complete the development plan. JONES and CITY shall each use their respective best efforts to promptly file and diligently pursue to approval, all necessary applications for permits or licenses from 8 other governmental entities required to implement the development plan. JONES and CITY have identified certain ,tasks necessary to entitle the PROPERTY, have estimated the costs associated with completion of each task and have agreed to "share costs on ,a equitable basis as specified in Exhibit B to this MOU, provided, however, CITY shall not incur any expense in excess of the estimated costs without prior City Council approval. Subject to the consultant contracts to be approved by the City Council on February 13, 1995, JONES shall have the right to seek other bids for the performance of the tasks identified in Exhibit B. JONES shall have the right to review and comment on all documents prepared by the CITY or its consultants relative to bids, cost estimates and scopes of work and CITY and JONES shall cooperate with one another in minimizing the costs incurred in performing the task identified in Exhibit B and other tasks related to development of the project. Other entitlement costs associated with tasks not identified on Exhibit B shall be .divided equally between CITY and ,s JONES unless the parties agr'e" " *otherwise. CITY and JONES shall agree on the terms and conditions pursuant to which some or all of CITY' s costs in this section are to be reimbursed by JONES if, within five• years after the automobile dealership commences operation, JONES has failed to generate gross annual sales of at least eighty million dollars from the operation of the dealership. JONES shall have no obligation to reimburse the CITY for.any of the costs identified in Exhibit B if the failure to achieve the required tax revenue threshold results from JONES' inability to 9 30�' 00 obtain Mercedes Benz automobiles due to strike, plant closure, alterations in the formula for distribution or calculation of sales tax revenues or any other reason beyond JONES' control. D. JONES shall pay the entire cost of designing and constructing all on-site and off-site improvements normally associated with an automobile dealership including water, sewer, electrical, gas, telephone and internal access . JONES acknowledges that the site is encumbered with major public utility facilities that will or may have to be relocated at significant cost to JONES. CITY shall assist in obtaining the approvals from all public utilities necessary to relocate existing, or construct • new, facilities . E. CITY shall fund and construct an extension of Bayview Drive from Jamboree Road to a point approximately 600 feet easterly of Jamboree Road. The Bayview Drive improvements will be funded through the annual assessment to be paid by JONES pursuant to Section II . D. F. JONES and CITY acknowledge that the Transportation Corridor Agency (TCA) proposes to construct a transition road ('1FLYOVER11) from northbound Jamboree Road to access the northbound lanes of State Route 73 . JONES and CITY also acknowledge that the TCA may be unable to fund the entire cost of, or complete, the FLYOVER prior to the date on which JONES is prepared to commence construction or operations and that construction of the FLYOVER subsequent to that date will impair access to, and operation of, the automobile dealership. CITY will use its best efforts to seek 10 funding from the TCA, OCTA or other public agencies to construct the flyover. JONES shall not be responsible for ' any costs associated with the construction of the FLYOVER above, rather than at, grade on the PROPERTY. G. CITY and JONES shall use their best efforts. to acquire the 1.1 acre parcel of surplus right of way owned by Caltrans and located on the north side of the PROPERTY. CITY shall transfer the PROPERTY acquired from Caltrans to JONES upon payment by JONE& of all costs CITY has incurred in --acquiring the PROPERTY from Caltrans . H. CITY shall prepare and process an EIR evaluating development of the site and the construction of all related off- site improvements and mitigation measures required by various resource agencies . JONES shall cooperate in the preparation of the EIR. JONES will pay all fees charged by governmental agencies 'for processing permit and license applications, and that portion of the EIR, directly related to the development of the automobile dealership (see Exhibit B) : 5" CITY shall waive all planning, building, water, sewer and other processing fees CITY normally charges applicants for licenses, permits or entitlements . CITY shall also pay the costs of the EIR related to analysis of off-site • improvements. I . JONES shall pay all required TCA fees, the one time Fair Share Fee, and the annual assessment specified in Section II. D. . J. - CITY shall convey the PROPERTY to JONES with restrictions that require development as a Mercedes Benz automobile dealership 11 owned and operated personally by Fletcher Jones, Jr. or a successor approved by the CITY and Mercedes Benz . The PROPERTY, including any liens and improvements shall revert to the CITY if JONES fails to operate a Mercedes Benz dealership on the PROPERTY for at least 20 years provided, however, should JONES be unable to receive and sell enough Mercedes Benz automobiles to successfully support operation of the dealership, JONES shall have the right to continue the operation of the dealership with any other vehicle line available and, provided further, JONES shall have the right to convert the PROPERTY to any other uses subject to the terms and conditions specified in Section II (B) . K. In the event of any transfer from JONES to a successor within 20 years after the dealership commences operation, CITY and JONES shall each receive 500 of the net profit of the sale price, provided, however, the provisions of this section shall not apply to any transfer of title to the land from JONES to any member- of his family by sale, inheritance, gift or otherwise, or to any S;.•. transfer of title to any firm; corporation, partnership, trust or entity at least 510 of which is owned by JONES . Net profit on the sale shall be defined to mean the sale price less all of JONES' land development cost including, the expenses incurred in obtaining entitlements, grading cost, the cost of relocating utilities, Fair Share Fees and assessments, and the cost of constructing any on site improvement, and all costs associated with the transfer of the PROPERTY. L. JONES shall diligently pursue construction of, all "on 12 3� site" improvements necessary to commence operation as an automobile dealership unless JONES is prevented or delayed due to acts of God, strikes, labor or material shortages, or for any other reason beyond JONES control. Documents conveying title from CITY to JONES shall contain provisions which require the PROPERTY to revert to the CITY if JONES fails to promptly commence construction or fails to diligently pursue construction to completion. M. The obligation of JONES to acquire the PROPERTY and construct the automobile dealership., shall be contingent upon the ability of JONES to obtain suitable financing. JONES shall diligently apply for financing upon execution of ;this Agreement: N. CITY and JONES shall use their best efforts to ensure that the design and construction of the Jamboree Road Fly-over does not adversely impact the aesthetics of the PROPERTY or JONES ability to use excess right of way in conjunction with the operation of the dealership. 0. JONES shall not be required to accept title to the property unless City and TCA Halve agreed, in writing, to a bridge structure soffet .profile of the Jamboree Road flyover (JR5) for the area between Bayview Way and Bristol Street which provides a minimum 18 foot clearance above grade at the centerline of Bayview. This soffet profile will also provide for a minimum 20 foot clearance above the easterly top of curb elevation on Jamboree Road northerly of Bayview way to Bristol Street. The profile will be provided to JONES and will allow their designers to provide site grades to maximize the views of the automobile dealership from 13 3O6 Jamboree Road. Thomas 0. Redwi z ' The Irvine Com Fletcher Jones, Fletcher Jones M cars ev MurphJ City Manager City of Newport Beach cnb£ic£j.13 3-9-95 14 )01 Fletcher Jones Motorcars -- ,� Preliminary Site Plan -e— Exhibit A-1 (street level) v' \ 0 41•.... ...........__ SI 0 \ M4. Fletcher Jones Motorcars Preliminary Site P1&O Exhibit A-2 (middle level) \ ` ,MEMetin r HI : I •a•a a'n n n• j `• \�® \ �' Fletcher Jones Motorcars Preliminary Site Plan- ExhibitA-3 (top level) Q _ EXHIBIT B COST SHARING FLETCHER JONES/CITY OF NEWPORT BEACH TASK DESCRIPTION SITE SHARE BAYVIEW WAY TOTAL (Fletcher Jones) SHARE (CNB) Composite Site Plan $1,500.00 $1,500.00 $3,000.00 Graphics EIR for Bayview Way $47,000.00 $47,000.00 $94,000.00 (Jamboree to MacArthur) and Auto Dealership Site Topographical $12,000.00 $12,000.00 $24,000.00 Mapping and Boundary Surveying Engineering for Street $35,000.00 $35.000.00 $70,000.00 and Site Grading; Street Improvements & Utility Infrastructure Geotechnical Field $6,750.00 $6,750.00 $13,500.00 Investigation and Written Report Level 1 $1,750.00 $1,750.00 $3,500.00 Environmental Analysis for Hazardous Materials Permit Processing with $8,000.00 $8,000.00 $16,000.00 Federal & State Agencies Proiect Manaoement $30 000 00 $30 000.00 $60,000.00 SUBTOTALS $142,000.00 $142,000.00 $284,000.00 Real Estate Appraisal $21,000.00 0 r$21,000.00 (Caltrans Appraisal) Title Report $2 000 00 0 $2,000.00 _ TOTAL $165,000.00 $142,000.00 $307,000.00 2/7/95 AMENDMENT NO. 1 MEMORANDUM OF UNDERSTANDING CITY OF NEWPORT BEACH AND FLETCIiER JONES MOTORCARS Exhibit B is hereby amended to include the following items: SITE SHARE I BAYVIEW WAY TASK DESCRIPTION (FLETCHER JONESI SHARD•B•1 TOTAL Excavation for M.W.D. $ 1,810.00 $ 1,810.00 $ 3,620.00 and M.C.W.D. mains Percolation Feasibility $ 6,492.00 _p_ $ 6,492.00 Study Reproduction $ 500.00 $ 500.00 $ 1,000.00 Previous Total $165,000.00 $142,000.00 $307,000.00 New Total $173,802.00 $144,310.00 $318,112.00 APPROVED: Fletcher Jones Motorcars I JAew o®rea ch . 3iy PpRT Q CITY OF NEWPORT BEACH U T P.O. BOX 1768, NEWPORT BEACH, CA 92658.8915 cq<rFoaN�r NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning Commission of the City of Newport Beach will hold a public hearing on the application of Fletcher Jones, Jr. to allow the establishment of an automobile dealership on the San Diego Creek North Site(3300 Jamboree Road). In order to approve this project the following applications will be considered: General Plan Amendment No 95-1(D) and Local Coastal Program Amendment No. 39 to designate the property for Retail card Service Commercial use and establish the pemritted intensity of development; Amendment No. 823 to amend the San Diego Creek North/Jamboree MacArthur Planned.Community District Regulations; Use Permit No. 3565 to allow the establishment of an automobile dealership on the property; Traffic Study No. 108,an amendment to Development Agreement No. 6(CIOSA); approval-of Development Agreement No.9;and the acceptance of an Environmental Impact Report. NOTICE IS HEREBY FURTBER GIVEN that an Environmental Impact Report has been prepared in connection with the application noted above. It is the present intention of the City to accept the Environmental Impact Report and supporting documents. The City encourages members of the general public to review and comment on this documentation. Copies of the Environmental Impact Report and supporting documents are available for public review and inspection at the Planning Department, City of Newport Beach, 3300 Newport Boulevard,Newport Beach, California, 92659-1768(714)644-3225. Notice is hereby fiirther given that said public hearing will be held on the 24th day of August 1995, at the how of 7:30 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard,Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call(714)644-3200. Michael Kranzley, Secretary,Planning Commission, City of Newport Beach f LSh re • • ...... ...... • • • • • • • • • M FLETCHERJONES • AUTO DEALERSHIP • DRAFT TRAFFIC IMPACT ANALYSIS • • • • • • • • • • • • • • • • r r • • • • • FLETCHER JONES AUTO DEALERSHIP DRAFT TRAFFIC IMPACT ANALYSIS April25, 1995 • Prepared for: City of Newport Beach 3300 Newport Boulevard • Newport Beach, CA 92660 • Prepared by: • LSA Associates, Inc. 1 Park Plaza, Suite 500 Irvine, California 92714 (714) 553-0666 LSA Project #CNB501 • • • • LSAAssoda:us,Inc • • TABLE OF CONTENTS PAGE • INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 PROJECT DESCRIPTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 TRAFFIC PHASING ORDINANCE (TPO) ANALYSIS . . . . . . . . . . . . . . . . . 6 GENERAL PLAN ANALYSIS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 • MITIGATION MEASURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 • • APPENDICES • A- ONE PERCENT TRAFFIC VOLUME ANALYSIS WORKSHEETS B - ICU ANALYSIS WORKSHEETS (TPO ANALYSIS) . C - ICU ANALYSIS WORKSHEETS (GENERAL PLAN ANALYSIS) • • • • • • • • • • • • • • • • • • I • 04/25/95(I..\CNB501\TRAPPIC.RPI) 11 • MA=dates,Inc • • LIST OF FIGURES • PAGE • 1 - Project Vicinity Map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 • 2 - Project Site Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 - Project Trip Distribution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 • 4 - Intersection Location Map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 5 - Project Peak Hour Trip Assignment . . . . . . . . . . . . . . . . . . . . . . . . . 10 • 6 - General Plan Without Project ADT Volumes . . . . . . . . . . . . . . . . . . 13 • 7 - General Plan With Project ADT Volumes 14 • • • • • • • • • • • • • • • • • • • • • 0425/95(I:\CNB501NTMFPIC-"-r) 111 • • • LMAssodates,Ina • • LIST OF TABLES • PAGE • A- Project Trip Generation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 • B - Traffic Phasing Ordinance Intersection Analysis Summary . . . . . . . . . 8 C - General Plan Intersection Analysis Summary . . . . . . . . . . . . . . . . . . 15 • • • • • • • • • • • • • • • • • • • 04/15/95(1:\CNB501\TRAPFIC.RPI) iv • • • MA=dates,Ina • • FLETCHER JONES AUTO DEALERSHIP • TRAFFIC IMPACT ANALYSIS • INTRODUCTION • This report documents the results of the Traffic Phasing Ordinance (ITO) • analysis and General Plan Amendment analysis for the proposed relocation and expansion of the existing Mercedes-Benz auto dealership currently • located at Spruce and Quail to a new location at the San Diego Creek North site in the City of Newport Beach. • • PROJECT DESCRIPTION • Figure 1 presents the project location map. The project is located at the San Diego Creek North site along jamboree Road north of San Diego Creek. • • Figure 2 presents the project site plan. The project site is approximately 7.5 acres with a total building area of 204,100 square feet providing a sales • showroom and office, service area and office, parts area, parking deck and garage, and body shop. The project takes access off the proposed extension • of Bayview Way east of jamboree Road. • Trip Generation • Table A presents the approved trip generation rates and trip generation for the proposed project. The Table presents peak hour and peak period trip generation for the site using a City approved "Expanded Site Area' trip gener- ation methodology. • This method is consistent with the City of Newport Beach Traffic Model • (NBTAM), in that it uses trip generation based on total site acreage to gener- ate trips, but also accounts for additional trips generated by the multi-level • nature of the development. The trip generation rates are based on an aver- age of the NBTAM trip rates (April, 1992) and trip rates from the San Diego Association of Governments (SANDAL) Traffic Generators (October, 1993). • Trip Distribution and Assignment • Figure 3 presents the City approved near-term project trip distribution for • the proposed project. The arterial circulation network assumes existing • conditions prior to completion of the San Joaquin Hills Transportation Corri- dor (SJHTC). • Peak period and peak hour trips generated by the proposed project are • assigned to the local roadway network based on the distribution pattern illustrated in Figure 3• These distributions are used to identify project im- • • 04/2"5(1:\CNB501\TWFIC.RM • eq �73 ,1 :,. - K. � \ f/ a Ana °� \ - .. �+�'' U i p` C'I,.`' it�f=L� ��• ' .emsff BM ♦�a% ti —• `�I'I' n.i 0,71 A. va • e• Q e y rS' 63/ 4e' ti < . nl DIi QK a/P9N DS, ° 7 i 7y/ °// • - i� SITE sen I o' %t1i\ a' ,�� _ .\ is ♦O�\ • /� ��\.�-� .f Dies°.-. t It�M�l�. 1r�^h�$P�p�[ . f "..m is= •T'__'� �i-h 4,1 • '•:j, �m\ UIdNERSPL\\DEL�-♦ • li'�. �,a • �''. �Ev, auoraiors�,•\�•\I) Ill _ (� lr/'�v'/ ,`'�• i�ss U;I �J � ], U\IYEgSITY OF CAP- • Y�WRpOR r _ ACH2u =`.): ' Wale J. .: •i' ,I _r ��//PIl TankV .,/{��� I 1 � .• fft�V1NE • '' :.- - t '`_ u•y'_'^ ,� , \ /-�-i' `._ r .lo.�-j 11 - kJ: U� 'I / r/ •�\ �.)=lF-'� • ' ..-: "� /.:// ' ,. N \�i'/:•�i y5/ - O \Fa-_z <�\ °, _ l2<_i , `. :+. .�i� G -�l "-. n _'. E � '<� 4J�'.`e "' / p 0 ♦� mi'- 11 n. ,''- f/-� r) ._ ---tea. ,5�-. • ".�•t� IWW '< i. ~of S' I i02� SAN JOAQpUIN HH.LS ! U� �- _ ', o !I 'I, I i I• °$' ,,v/s a�y18` R` ' TRANSPORTATION CORRIDOR °w,s i, ., 1 • I S T� (Under Construction) lw � \�.. � `• I •-cam .N. ,-/:� \ �N � . /! � �ll�\��rPl� i:c) �'�✓ 1 IJ o � � '`�� v/_ ^�_,�\ "8:- Omti .o=. S( ] Corona del 1lar _ _l~ •:k,r • �./• ✓ram/ �— k_`,:;',•�. High Scl�a .'.\ ♦ ��T. . . _ �, •- o o,`, -'Y �' .:; lAWW- • : > a� r' C ♦ • , SPILLWAY L v +rrro = • _ jam° :✓ "-.� I_ t orb' - Res4i Cog 25���`fU��l� I o• ,/ /� \off ul�' \ fnlla� t!..n , �la°,;.(ltl.l • Source:USGS 7.5'Quads-Newport Beach&Tustin,Ca. 4/er95(CNB501) Figure 1 • 4\,, • N • LSA Scalein Feet • it z000 Project Vicinity Map • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • ............... r / - iA a ' FT 1` v 4/6/95(CNB507) Figure 2 L � Scale in Feet CIS- Y�No Scats Project Site Plan • • LSAAssoclate;Inc • Table A-Project Trip Generation • • • Trip Generation Rates (Per Acre)' DAILY AM IN JAMOUT AMTotoll MIN PM OUr PM Total • PE4KPERIOD • FletcherjonesAutoDealership 230.0 17.20 13.80 31.00 15.20 21.80 37.00 • PEAKHOUR • FletcherfonesAutoDealership 230.0 6.60 6.90 15.50 7.60 10.90 18.50 • • TRIP GENERATION Size Units DAILY AM IN I AM OUT AMTotall MIN PM OUT PM Total • Baseline Site Area' 7.5 Acres 1,730 129 104 233 114 164 278 • Expanded Site Area3 2.7 Acres 620 46 37 83 41 59 100 • Total Peak Period Trip Generation 2,350 175 141 316 155 223 378 • Baseline Site Area 7.5 Acres 1,730 65 52 117 57 82 139 • Expanded Site Area 2.7 Acres 620 23 19 42 21 29 50 • Total Peak Hour Trip Generation 2,350 88 71 159 78 111 189 • • • • • Notes: 'Trip generation rates are based on an average of the Ctty ofNewport Beach Traffic Model(NBTA April, 1992 rates �, • and trip ratesfrom Traffic Generators,San Diego Association of Governments, October, 1993. • 'Baseline site area includes the showroom, sales office,service area, canopy, andparts area. • 3 Extended site area Includes the upper level floor area of the body shop and parking deck 6 garage totalling 117,900 sf converted to acres using a conversion factor of 43,560 sf=1 Acre. • • 4114195(TGEMMS) • • • �20% 10% 15% or • sT • 4� s� • • PROJECT LOCATION q4 • 10% 5% • • o�PVE �5 • �F 5% CbggTDk • • FORDS • S% • ,40 20%O • pPG1FIC�UASTiyk � Y • aQ Q7V SAN JOAQUIN HELL& • � xo �p • • �10% • 4/6/95(Cn5O1) Figure 3 • N • LSh• No Scale Project Trip Distribution • ISAAuadates,Ina • • pacts using the City s Traffic Phasing Ordinance (TPO) analysis methodology. • Long-term project trip distributions and project impacts are based on the City's General Plan traffic model. • • TRAFFIC PHASING ORDINANCE (TPO)ANALYSIS • The City of Newport Beach TPO requires an analysis of potential project related traffic impacts on critical intersections for any office, commercial, or • industrial projects having a gross floor area greater than 10,000 square feet • and for all residential developments of more than ten dwelling units. • Consistent with the City of Newport Beach Administrative Procedures for implementing the TPO analysis, trips are generated, distributed and assigned • to the 19 study area intersections presented in Figure 4. These intersections were selected because they are anticipated to be influenced by traffic generat- ed by the proposed project. The list of intersections was reviewed and approved by the City's Traffic Engineer. • Existing traffic conditions for these intersections are based on Winter/Spring • 1993 and Winter/Spring 1994 counts. The intersection at Bayview Way and • Jamboree Road is based on a Wmter/Spring 1991 traffic count. • Committed project traffic volumes at the study area intersections are taken from the City's cumulative projects list prepared on March 8, 1995. Cumula- tive growth volumes, also included in this analysis, are based on the City of Newport Beach Regional Traffic Annual Growth Rates for street segments • within the City of Newport Beach boundary. • One Percent Traffic Volume Analysis • The "One Percent Traffic Volume Analysis" tests, as defined in the Traffic • Phasing Ordinance No. 86-20, consist of a series of comparisons between the • One Percent Test volumes and the proposed project's peak period trip as- signment for the 19 study area intersections in the City of Newport Beach. • The test year for the analysis is 1997, one year after occupancy of the pro- posed project. The "One Percent Traffic Volume Analysis" worksheets are • presented in Appendix A. • The results of the "One Percent Traffic Volume Analysis" are summarized in Table B. This Table identifies 19 intersections in the City of Newport Beach, • along with their respective peak period comparison volumes. For each ap- proach leg of an intersection, the 1997 a.m. and p.m. peak period one per- cent test volumes, the proposed project's peak period trip assignment, and a comparison of the peak period volumes are presented. Under the "Project • Volumes Exceed 1% Test Volumes," those approach legs to an intersection • where the project volumes exceed the one percent test volumes are identified. • 04/25M(1.\CNB501\TRAFF1C.RPT) 6 • • • • 10 �49 • s o • $sro 1 t • sT 5� • 16 4��GpGsO • 17 18 • 19 2 11 PROJECT qQ • �� e 3 LOCATION s9 4 • • 5 • �pVE �O • 6 • 12 DRT • 7 �bgSrDR 13 • FORDS • 8 • en�I�masry� �, A 14 • �o �4~ • 9 • SAN JOAQUIN HZ � LTRD • • IS • 4/6/95(CNB501) Figure 4 • N • LSA No Scale Intersection Location Map • • • • • • • • • • • • * 0 • • • • • • • 0 • • 0 • • • • • • L%Assoctate4 Inc. Table B -Traffic Phasing Ordinance (TPO) Intersection Analysis Summary 1997 1997 PROJECT PEAK PERIOD TRIPS AM PEAK PERIOD PM PEAK PERIOD BASELINE BASELINE 1%TESTVOLUME 1%TESTVOLUME EXCEED I%TPO EXCEEDI%TPO WITHOUT' WITH INTERSECTION AM PEAK PERIOD PM PEAK PERIOD AM TOTAL PM TOTAL TEST SUMMARY TEST SUMMARY PROJECT ICU PROJECT ICU NB SB I Ell I WB NB SB I EB I WB NB SB I EB I WB NB SB I EB I WB NB I SB EB WB NB I SB I EB I WB AM PM AM PM 1.Jamboree Rd./Campus Dr. 30 58 9 21 55 45 18 16 21 26 0 0 33 23 0 0 2.Jamboree Rd./Bristol St.North 94 29 0 0 86 53 0 0 78 44 0 0 123 39 0 0 YES YES 0.50 0.75 0.50 0.76 3.Jamboree Rd./Bristol St. 60 19 68 0 60 28 70 0 78 44 53 0 123 39 47 0 YES YES YES YES 0.97 0.90 0.98 0.91 s 4.Jamboree Rd4Bayview Way 76 52 2 0 70 67 42 0 79 96 0 141 70 85 0 223 YES YES YES 0.58 0.62 0.58 0.64 5.Jamboree Rd./University Dr. 52 46 12 13 61 65 7 13 70 63 0 9 62 300 0 8 YES YES YES YES 0.74 0.88 0.75 0.89 6.Jamboree Rd./Bison Ave 52 44 4 6 51 48 2 7 61 56 0 9 54 89 0 8 YES YES YES YES YES YES 0.69 0.76 0.70 0.77 7.Jamboree Rd./Ford Rd 55 44 11 9 68 61 11 6 61 49 0 0 54 78 0 0 YES YES YES 0.77 0.94 0.77 0.95 : 8.Jamboree Rd.tSJ hills Rd. 49 56 9 10 52 70 8 25 44 49 0 18 39 78 0 16 YES YES 0.82 0.71 0.82 0.71 9.Jamboree Rd./Coast Highway 16 26 66 31 12 50 59 48 0 35 35 9 0 56 31 8 YES YES 0.74 0.73 0.75 0.75 10.MacArthur Blvd./Campus Dr. 20 38 26 8 35 34 20 31 14 18 0 0 22 16 0 0 11.MacArthur Blvd./Jamboree Rd. 35 20 49 26 26 39 34 53 0 18 35 26 0 16 56 23 YES YES 0.82 1.03 0.82 1.03 12.MacArthur Blvd./Bison Ave. 57 57 8 1 47 48 11 0 0 0 7 9 0 0 11 8 YES YES 0.56 0.58 0.56 0.58 13.Mararthur Blvd./Ford Rd. 49 57 5 25 49 70 7 12 0 0 0 0 0 0 0 0 14.MacArthur Blvd./SJ Hills Rd. 34 49 6 18 31 55 23 12 9 0 7 0 8 0 11 0 YES 0.88 0.93 0.88 0.93 15.MacArthur Blvd./Coast Highway 0 15 27 56 0 29 46 41 0 7 7 18 0 11 11 16 16.Campus Dr./Bristol St.North 52 12 0 31 36 48 0 79 0 0 0 21 0 0 0 33 17.Campus-Irvine/Bristol St. 45 12 73 0 34 33 59 0 18 0 9 0 16 0 8 0 18.Birch St./Bristol St.North 24 8 0 32 13 33 0 63 0 0 0 21 0 0 0 33 19.Birch SL/Bristol St. 0 0 0 0 1 0 1 0 1 0 1 0 0 1 0 1 26 0 1 0 1 0 23 0 * Project peak period trips exceed 1%TPO Test,intersectlon operates above 0.90ICU,•and project contribution is 0.011CUorgreater. 4/14t95(TPOC.ALCSLS) LSAAmdates,Inc • As outlined in the Administrative Procedure for Implementing the ITO, • critical intersections are defined as those locations in which project generat- ed traffic adds one percent or more to the peak 2.5 hour period traffic vol- ume, to any leg of the intersections in the committed plus project condition. As mentioned previously, the committed condition includes the existing • traffic plus regional growth plus approved project generated traffic. As seen in Table B for the proposed project, 11 of the 19 intersections will exceed one percent of the intersection approach volumes. For those critical • intersections where, on any approach leg, project traffic is anticipated to be • greater than one percent of the projected peak 2.5 hour committed traffic volume, an intersection capacity utilization (ICU) analysis is required. • • Intersection Capacity Utilization (ICU)Analysis • The ICU methodology examines the turn volumes for each intersection to determine the volume/capacity (v/c) ratio for each movement. Conflicting • turn movement volumes and their v/c ratios are then examined to determine the overall capacity utilization for each intersection in the form of a v/c ratio, • termed ICU. In effect, an ICU is the percentage of an intersection's capacity needed to adequately accommodate all vehicles travelling through the inter- section. Hence, the higher the ICU, the higher the percentage of capacity • utilization, where an ICU of 1.00 would equal the utilization of 100 percent of the intersection's capacity. With lower capacity utilization, residual cap- acity will prevail. The ICU calculations presented in this analysis are consis- tent with the City of Newport Beach TPO implementation guidelines. • As required by the TPO implementation guidelines, critical intersections, • where project volumes exceed the one percent test volumes, will need miti- gation if exiting plus cumulative plus project conditions exceed 0.90 ICU dur- ing the a.m. or p.m. peak hour. The ICU analysis worksheets for the 11 intersections examined in the City of Newport Beach are presented in Appen- dix B of this report. • Figure 5 presents the peak hour project trip assignment at the study area • intersections. Table B presents a summary of the ICU analysis for the existing plus cumulative and existing plus cumulative plus project conditions. Table • B indicates that, of the 11 intersections forecast to exceed the one percent test volumes, only 4 intersections will exceed the 0.90 ICU threshold value • for the cumulative and project condition. These critical intersections are located at Jamboree Road/Bristol Street (South); Jamboree Road/Ford Road; • MacArthur Boulevard/jamboree Road; and MacArthur Boulevard/San Joaquin Hills Road. • The project's ICU contribution at the MacArthur Boulevard/jamboree Road • and MacArthur Boulevard/San Joaquin Hills Road intersections is less than • 0.01 ICU and is not significant. The project=d6es_contribute._0.0LICU-_orr greatei Arthe,Jamb_oiee Road/Bristol S.t1'eet(South)_.'w-d,Jazdboree.RoadRprd • 04/25/95(I.\CNB501\TR0FIC.RP1) 9 • • q\ s � 8 i o s 'TOC Sn\ Nei gp� 0001 �NO�rH C sO 414 ry�\bti �q �y 416-► BISONAVE • PROJECT • M SITE < v L 39/6l • (� ,�32/50 ti • BAYVIEN �h h `b FORD RD • NV ►. 4-4/4 f UNIVERSITY DR aN� 4 N 116 Z 4/4 18/16—J( P SAA'�OAQUIN HILLS RD A • 4�� R �A • 4/6/95(CNB501) Figure 5 N L�� Project Peak Hour No Scale Trip Assignment • MAmdates,Ina • • Road intersections. Pei the TPO' implementation -guidelines, these -cri�caL • intersections will require mitigation.` • Project Improvements • As indicated in Table B, the project, in conjunction with cumulative develop- ment, causes two intersections in the study area to operate at ICU values greater than 0.90 ICU. These critical intersections are located at Jamboree • Road/Bristol Street (South) and Jamboree Road/Ford Road. • • Jamboree Road/Bristol Street(South) • Prior to the proposed project, this intersection operates at'0.90'ICU during the p.m. peak hour. With the proposed project, the intersection is forecast • to operate at 0:91 ICU. • A=recoriiinended- improvement at this intersection-to mitigate 'the projeet impact is-to-'re-stripe•the eastbound approach to provide dual-deft turn lanes, • ore through lane; and dual right turn lanes. 'With this itnpiovement,- the' intersection-will operate at 0.84 ICU during the p.m.-peak-liotir' • • It should be noted that, with the completion of the San Joaquin Hills Trans- portation Corridor (SJHTC), scheduled to occur at approximately the same • time as project occupancy, traffic along Jamboree Road may divert to the SJHTC, reducing traffic volumes at the Jamboree Road/Bristol Street (South) • intersection, and potentially mitigating future impacts at this intersection. • Jamboree Road/Ford Road Prior to the proposed project, this intersection operates at]0 4 ICU during asQ • the p.m. peak hour. With the proposed project, the intersection is forecast to operate at10-.95-_ICU. d ^ f I • A ,recommend'ed-improvement =at_-this split-phase intersection to mitigate cumulative and- project impacts is to. re-stripe the eastbound,approach to • provide a•left turn lane i,-a shared-though/rig mh)f tu lane; and an-exclusive right,turn lane: With this mprovement, the intersection will_opera`te at-0.89, • ICU d"u_ririg the p.m. peak-hour. • GENERAL PLAN ANALYSIS • This section of the report provides a General Plan level traffic circulation • analysis to examine the effects of the proposed relocation and expansion of the existing Mercedes-Benz auto dealership to San Diego Creek North. • 04/25/95(1:\CNB501\TRAPBIC.RM 11 • • MA Associates,Inc • • Changes in arterial daily traffic volumes on the local arterial street system are • based on the City of Newport Beach Traffic Analysis Model (NBTAM). Two traffic model runs were generated: with and without the proposed project. • Although the trip generation for the project is consistent with the ITO trip generation, project trip distribution is based on build out of the General Plan • Circulation Element and includes: • 0 San Joaquin Hills Transportation Corridor (SJHTC), • Jamboree Road "flyover' on-ramp, and • Extension of Bayview Way east of MacArthur Boulevard. • General Plan land uses in NBTAM were also updated to include the following • entitlement projects in the City of Newport Beach: • Newport Pavilion (100 TSF General Commercial) • Loral Aeronautics Site (500 DU Low Density Residential) • Fashion Island Expansion (266 TSF Regional Commercial) • Sheraton Properties (41.75 TSF General Commercial). • • Arterial Average Daily Traffic (ADT) Volumes • Figure 6 presents the average daily traffic (ADT) volumes for the 2010 Gener- al Plan build out without the proposed project. As indicated previously, the ADT volumes are from the NBTAM. The forecast daily traffic volumes assume construction of the San Joaquin • Hills Transportation Corridor and the on/off-ramp locations in the project vicinity. • Figure 7 presents the average daily traffic (ADT) volumes for the 2010 Gener- al Plan build out with the proposed project. Based on the traffic volumes in Figure 7, the project's daily traffic contribution along Jamboree Road north • of Bayview Way is approximately four percent of the 2010 General Plan traffic volume. • • Intersection Capacity Utilization (ICU)Analysis • Table C presents a summary of the intersection capacity analysis for the Gen- eral Plan build out condition with and without the proposed project. The ICU calculation worksheets are presented in Appendix C of this report. • Similar to the TPO analysis guidelines, a one percent peak hour test was • conducted to identify intersections where the project contributes more than one percent of the General Plan total peak hour approach volume. • rAsAii-dicaied'=in Table C, 6 of the 19-intersections-examined-are triggered by • Phe rQposed.project. :Ofthose six ititersectioAg-,-five ire=forecastto-exceed- • 04125195(1:\CNB501WRAFFIC.RPT) 12 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 1 Pb �g v i u so 19>: 24 Jl r m u �14q_ M1 3s Np11LPBCK � V v 25 r SR-55 ALIGNMENT I DIAGRAMMATIC ONLY 220 47 21 :P _ is 34 In 56 p 47-0 20 38 u 49 M1 e 27 — 9 'M1' �J ^ 159 17 14 gM1'm 4 169-- — 20 16 P 184 5A11C S u u m e � t�� �•1 29 p[1 14 24 f BACK N 2h BAY M1 �Ui 19h t>' 0R0 'e � 5 6 y xxxD w � y E 90 i, 16 6 ^ 8 R 14OPt S Sul q� 13 1 C 47 �w 19 9 h Y 80 i5 Iz 31 HIBHM4T 35 76 h 7'.119' o' g 19 � 10iN Ji Bx� q6 w' �e 20 a P- NEWPORT 0 0 77 � ,57 m5 s� JJ BAY Boo, PACIFIC ,9 j ee OCEAN i7 57 � 4/6/95(CNB501) Figure 6 LSDGeneral Plan without Project No Scale ADT Volumes t oWOGn ,. 1g 24 J7 4 ul Cttp ^I J6 �w R= SR-55AM ALIGN MEN T DIACRMATIC ONLY A' I p30 46 J g2 m 4B 34 BNlsi ,'1 I 47f 20936 6 S +0 162 } N I.1 � iJ 9 51 ip 0. � 1 27 1 6=— � ---'— 17 i14 q�'0 M1 169��— — 20 19 mm i 184 SHTC 14 pB,y,✓j a 24 I— BAY 5 6 10 fy.P f S Iu 16 g 6 14 x^ °+Q15 m 5/N 1} S3 47 � 19 16 '�9 M1x m y 1 f 'j9 }1 4 IIIGIWAT 35 r� 9 b� � lain v Jr OAO JJ M10 � � u y9 M1b �S s 20 m eT ° NE"ORT ++,0 77 BAY PACIFIC A9 OCEAN 52 � 4/6/95(CNB501) Figure 7 LSDGeneral Plan with Project No scale ADT Volumes • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • LSAAcmciate41= Table C -General Plan Intersection Analysis Summary General Plan General Plan PROJECT PEAK HOUR TRIPS AMPFAKHOUR PM PEAK HOUR GENERAL PLAN GENERAL PLAN 1%TEST VOLUME 1%TEST VOLUME EXCEED I%GP EXCEED I%GP WITHOUT WITH INTERSECTION AM PEAK HOUR PM PEAK HOUR AM TOTAL PM TOTAL TEST SUMMARY TEST SUMMARY PROJECT ICU PROJECT ICU NB SB I EB I WB NB SB I EB I WB NB SB EB I WB NB SB I EB WB NB SB I EB WB NB I SB I EB JWB AM PM AM PM 1.Jamboree Rd./Campus Dr. 18 22 4 14 23 21 16 11 0 10 0 0 20 10 0 0 2.Jamboree Rd./Bristol St.North 38 9 0 20 37 26 0 13 40 20 0 0 70 20 0 0 YES YES YES 1.07 1.09 1.08 1.11 3.Jamboree Rd./Bristol St 24 7 27 0 12 21 35 0 50 20 0 0 70 30 20 0 YES YES YES YES 0.68 1.24 0.68 1.24 4.Jamboree Rd./Bayview Way 21 14 2 6 9 37 6 7 10 30 0 40 10 30 0 70 YES YES YES YES 0.79 0.86 0.83 0.90 5.Jamboree Rd./University Dr. 24 17 6 13 21 33 5 10 10 0 0 0 0 0 0 10 6.Jamboree.Rd./Bison Ave 25 18 2 8 22 29 1 6 0 0 0 10 0 0 0 0 ' YES 0.64 om 0.64 0.80 7.Jamboree Rd./Ford Rd 18 22 6 9 33 20 6 3 0 0 10 0 10 0 0 0 YES 0.86 0.95 m6 0.95 S.Jamboree Rd./SJ Hills Rd. 20 25 3 4 27 30 2 12 0 0 0 0 0 0 0 0 9.Jamboree Rd./Coast Highway 9 18 34 18 7 25 33 22 0 0 0 0 0 0 0 0 10.MacArthur Blvd./Campus Dr. 19 16 23 7 19 24 14 19 10 0 0 0 10 10 10 0 11.MacArthur Blvd./Jambome Rd. 15 7 29 9 11 26 16 19 0 10 30 20 0 30 50 10 YES YES YES YES YES 0.87 1.09 0.87 1.09 12.MacArthur Blvd./Bison Ave. 34 17 4 12 23 29 10 16 0 0 0 0 0 0 0 0 13.MacArthur Blvd./Ford Rd. 25 16 2 19 25 33 7 9 0 0 0 0 0 10 0 0 14.MacArthur Blvd./SJ Hills Rd. 18 19 3 10 14 28 9 5 0 0 0 0 0 0 0 0 15.MacArthur Blvd./Coast Highway 0 4 15 19 0 13 20 13 0 0 0 0 0 0 0 0 16.Campus Dr./Bristol St North 29 14 0 26 17 26 0 48 0 0 0 10 0 0 0 10 17.Campus-Irvine/Bristol St 19 11 48 0 18 22 40 0 0 0 0 0 0 0 0 0 18.Birch St/Bristol St North 16 7 0 27 9 20 0 34 0 0 0 10 0 10 0 0 19.Birch SLBristol St 5 L 6 36 0 13 12 33 0 0 0 0 0 0 10 10 0 'r Pmfect pea&hour trips exceed 1%of the General Plan peak bourapproacb volume;intersection operates above 0.90ICU•and pmfect contribution is 0.01 ICUorgreatm 4/14i95 CGPCALC q • LSAAmdates,Ina • • -the 0:90,ICU threshold "during the a.m. or p.m. peak hour- in the General • ;Plan build out. • The project's contribution at four of these five intersections is less than 0.01 ICU and is not significant. At the -intersection of Jamboree Itoad%liristol . °S'treet-North, the project contributes 0:02 ICU during the p.m. peak-hour. • Project Improvements • The addition of traffic generated by the proposed project to the current__ • General Plan entitlement is insignificant from-a-Generat-Plan level--analysis. ` The project does hot create any significant traffic ip A-ts_at the intersections [ • in the General Plan build out. The project does=contribute.towards an unac d �? • ceptable level of-service at the intersection-of--Jamboree-Road/Bristol-Street North- U V • This intersection operates at 1 Q8TCU.(LOS F) during the AM and AMJCU/ • (LOS F) during the PAI peak hour. As a result of the elimination of the existing off-ramp from SR-73 to Bristol Street between Jamboree Road and • Birch Street, traffic from SJHTC is concentrated at the new off-ramp at Jam- boree Road, which forms the westbound leg of the intersection. • The project's contribution at this intersection is approximately 1.2 percent of • the total peak hour approach volumes. Penthe City--of Newport-Beach-Tiaff C • Impact.Analysi"s-guidelines, ibis-is considered-alsignificazlt-impact:- • One,potential improvement to'off-set the project ICU contribution at this intersection is to provide an additional, i.e., fourth,westbound approach lane • at the SJHTC off-ramp. with two through lanes, a shared through/right turn lane, and an exclusive right turn lane, the intersection is forecast to operate • at 0:98. ICU- '(LOS=E)Auring the AM and 1 JC-U� --OS`E)'during the PM' peak hour. • • Mr"GATIONMEASURES • The project should contribute towards the City's traffic impact fee program . to fund, on a fair share basis, the improvements identified at the project study area intersections. • • • • • • 04/25/950:\CNB501\TRAFFIC.RPT) 16 • • • LSAAssoda:es,Inc • • APPENDIX A • ONE PERCENT TRAFFIC • VOLUME ANALYSIS WORKSHEETS • • • • • • • • • • • • 'I • • • • • • • 04/15/95(I:\C NB50I\TWFIC.RP7) • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • LSAAurociater,Inc 1%Traffic Volume Analysis Fletcher Jones Auto Center at San Diego Creek North Jamboree Road 00) /Campus Drive (E/W ) (Existing Traffic Volumes based on Average Winter/Spring 1993)AM Peak 2 1/2 Hour Approved Approach Existing Regional Projects Projected 1%of Projected Project Direction Peak 2 1/2 Hour Growth 2 1/2 Hour Peak 2 1/2 Hour Peak 2 1/2 Hour Peak 2 1/2 Hour Volume Volume Volume Volume Volume Volume Northbound 2,213 89 684 2,986 30 21 Southbound 31989 160 1,605 5,754 58 26 Eastbound 596 0 302 898 9 0 Westbound 1,787 0 305 2,092 21 0 X Project Traffic is estimated to be less than 1%of Projected Peak 2 1/2 Hour Traffic Volume. Project Traffic is estimated to be greater than 1%of Projected Peak 2 1/2 Hour Traffic Volume. Intersection Capacity Utilization(I.C.U.)Analysis is required. 324195(reotArrAM) LSAAeroclales,Inc 1%Traffic Volume Analysis Fletcher Jones Auto Center at San Diego Creek North Jamboree Road (N/S) /Campus Drive (E/W) (Existing Traffic Volumes based on Average Winter/Spring 1993)PM Peak 2 1/2 Hour Approved Approach Existing Regional Projects Projected 1%of Projected Project Direction Peak 2 1/2 Hour Growth 2 1/2 Hour Peak 2 1/2 Hour Peak 2 12 Hour Peak 2 1/2 Hour Volume Volume Volume Volume Volume Volume Northbound 3,676 147 1,639 5,462 55 33 Southbound 3,637 145 669 4,451 45 23 Eastbound 1,736 0 92 1,828 18 0 Westbound 1,484 0 116 1,600 16 0 X Project Traffic is estimated to be less than 1%of Projected Peak 2 12 Hour Traffic Volume. Project Traffic is estimated to be greater than 1%of Projected Peak 2 1/2 Hour Traffic Volume. Intersection Capacity Utilization(I.C.U.)Analysis is required. 3f24/95(IPOIMAYIS) j • • • • ! • • . 0 • . • 0 • i 0 • • • • • • MAssodate4 me 1%Traffic Volume Analysis Fletcher Jones Auto Center at San Diego Creek North Jamboree Road (N/S) /Bristol Street North (E/W) (Existing Traffic Volumes based on Average Winter/Spring 1994)AM Peak 21/2 Hour Approved Approach Existing Regional Projects Projected 1%of Projected Project Direction Peak 2 1/2 Hour Growth 2 12 Hour Peak 2 1/2 Hour Peak 2 1/2 Hour Peak 2 1/2 Hour Volume Volume Volume Volume Volume Volume Northbound 8,198 246 926 9,370 94 78 Southbound 1,940 58 936 2,934 29 44 Eastbound 0 0 0 0 0 0 Westbound 0 0 0 0 0 0 Project Traffic is estimated to be less than 1% of Projected Peak 2 12 Hour Traffic Volume. X Project Traffic is estimated to be greater than 1%of Projected Peak 2 1/2 Hour Traffic Volume. Intersection Capacity Utilization(I.C.U.)Analysis is required. 3124195 pPOflVTAn9 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • MAcsoaate;Ina 1%Traffic Volume Analysis Fletcher Jones Auto Center at San Diego Creek North Jamboree Road (N/S) /Bristol Street North (E/W) (Existing Traffic Volumes based on Average Winter/Spring 1994) PM Peak 2 112 Hour Approved Approach Existing Regional Projects Projected 1%of Projected Project Direction Peak 21/2 Hour Growth 21/2 Hour Peak 1/2 Hour Peak 1/2 Hour Peak 1/2 Hour Volume Volume Volume Volume Volume Volume Northbound 7,079 212 1,266 8,557 86 123 Southbound 4,240 127 931 5,298 53 39 Eastbound 0 0 0 0 0 0 Westbound 0 0 0 0 0 0 Project Traffic is estimated to be less than 1%of Projected Peak 2 1/2 Hour Traffic Volume. X Project Traffic is estimated to be greater than 1%of Projected Peak 2 1/2 Hour Traffic Volume. Intersection Capacity Utilization(I.C.U.)Analysis is required. 312 t195(FPOIN7A.XL9 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • ISAAssoctate4 Inc 1%Traffic Volume Analysis Fletcher Jones Auto Center at San Diego Creek North Jamboree Road (N/S) /Bristol Street (E/W) (Existing Traffic Volumes based on Average Winter/Spring 1993)AM Peak 2 1/2 Hour Approved Approach Existing Regional Projects Projected 1%of Projected Project Direction Peak 2 1/2 Hour Growth 2 1/2 Hour Peak 2 1/2 Hour Peak 2 112 Hour Peak 2 1/2 Hour Volume Volume Volume Volume Volume Volume Northbound 4,961 198 801 5,960 60 78 Southbound 951 38 865 1,854 19 44 Eastbound 5,402 0 1,372 6,774 68 53 Westbound 0 0 0 0 0 0 Project Traffic is estimated to be less than 1%of Projected Peak 2 1/2 Hour Traffic Volume. X Project Traffic is estimated to be greater than 1%of Projected Peak 2 1/2 Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.)Analysis is required. 3124j95(iPOLNrAXIS) • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • MAs ndates,Inc 1%Traffic Volume Analysis Fletcher Jones Auto Center at San Diego Creek North Jamboree Road (N/S) /Bristol Street (E/W) (Existing Traffic Volumes based on Average Winter/Spring 1993)PM Peak 2 1/2 Hour Approved Approach Existing Regional Projects Projected 1%of Projected Project Direction Peak 21/2 Hour Growth 21/2 Hour Peak 21/2 Hour Peak 21/2 Hour Peak 21/2 Hour Volume Volume Volume Volume Volume Volume Northbound 4,671 187 1,160 6,018 60 123 Southbound 1,985 79 701 2,765 28 39 Eastbound 5,952 0 1,054 7,006 70 47 Westbound 0 0 0 0 0 0 Project Traffic is estimated to be less than 1%of Projected Peak 2 1/2 Hour Traffic Volume. X Project Traffic is estimated to be greater than 1%of Projected Peak 2 1/2 Hour Traffic Volume. Intersection Capacity Utilization(LC.U.)Analysis is required. 3124195(IPOINTAM-9 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 1%Traffic Volume Analysis Fletcher Jones Auto Center at San Diego Creek North jamboree Road (N/S) /Bayview Way (E/W) (Existing Traffic Volumes based on Average Winter/Spring 1991)AM Peak 2 1/2 Hour Approved Approach Existing Regional Projects Projected 1%of Projected Project Direction Peak 21/2 Hour Growth 21/2 Hour Peak 2 1/2 Hour Peak 2 1/2 Hour Peak 2 1/2 Hour Volume Volume Volume Volume Volume Volume Northbound 6,371 382 801 7,554 76 79 Southbound 3,848 231 1,146 5,225 52 96 Eastbound 168 0 0 168 2 0 Westbound 0 0 0 0 0 141 Project Traffic is estimated to be less than 1%of Projected Peak 2 112 Hour Traffic Volume. X Project Traffic is estimated to be greater than 1%of Projected Peak 2 1/2 Hour Traffic Volume. Intersection Capacity Utilization(I.C.U.)Analysis is required. 3130j95(FPOINT .xL$) • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • MAsaxtate;Inc 1%Traffic Volume Analysis Fletcher Jones Auto Center at San Diego Creek North Jamboree Road (N/S)/Bayview Way (E/W) (Existing Traffic Volumes based on Average Winter/Spring 199, PM Peak 1/2 Hour Approved Approach Existing Regional Projects Projected 1%of Projected Project Direction Peak 1/2 Hour Growth 2 1/2 Hour Peak 21/2 Hour Peak 21/2 Hour Peak 21/L Hour Volume Volume Volume Volume Volume Volume Northbound 5,506 330 1,160 6,996 70 70 Southbound 5,444 327 886 6,657 67 85 Eastbound 4,180 0 0 4,180 42 0 Westbound 0 0 0 0 0 223 Project Traffic is estimated to be less than 1%of Projected Peak 2 1/2 Hour Traffic Volume. X Project Traffic is estimated to be greater than 1%of Projected Peak 2 1/2 Hour Traffic Volume. Intersection Capacity Utilization(I.C.U.)Analysis is required. 350,95(IPOIATAU-9 ISAAsmciateg Ina 1%Traffic Volume Analysis Fletcher Jones Auto Center at San Diego Creek North Jamboree Road (N/S) /Eastbluff Dr. North-University Dr. (E/W ) (Existing Traffic Volumes based on Average Winter/Spring 1993)AM Peak 2 112 Hour Approved Approach Existing Regional Projects Projected 1%of Projected Project Direction Peak 1/2 Hour Growth 21/2 Hour Peak 1/2 Hour Peak 21/2 Hour Peak 1/2 Hour Volume Volume Volume Volume Volume Volume Northbound 4,428 177 588 5,193 52 70 Southbound 3,290 132 1,146 4,568 46 63 Eastbound 1,045 0 132 1,177 12 0 Westbound 1,189 0 84 1,273 13 9 Project Traffic is estimated to be less than 1%of Projected Peak 2 1/2 Hour Traffic Volume. X Project Traffic is estimated to be greater than 1%of Projected Peak 2 1/2 Hour Traffic Volume. Intersection Capacity Utilization(I.C.U.)Analysis is required. 3R4,95(IPOINlAXL9 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • LSAA- odaleS Inc 1%Traffic Volume Analysis Fletcher Jones Auto Center at San Diego Creek North Jamboree Road (N/S)/Eastbluff Dr. North -University Dr. (E/W) (Existing Traffic Volumes based on Average Winter/Spring 1993) PM Peak 2 1/2 Hour Approved Approach Existing Regional Projects Projected 1%of Projected Project Direction Peak 2 1/2 Hour Growth 2 1/2 Hour Peak 2 1/2 Hour Peak 2 1/2 Hour Peak 2 1/2 Hour Volume Volume Volume Volume Volume Volume Northbound 4,757 190 1,139 6,086 61 62 Southbound 5,369 215 886 6,470 65 100 Eastbound 676 0 49 725 7 0 Westbound 1,219 0 34 1,253 13 8 Project Traffic is estimated to be less than 1%of Projected Peak 2 1/2 Hour Traffic Volume. X Project Traffic is estimated to be greater than 1%of Projected Peak 2 1/2 Hour Traffic Volume. Intersection Capacity Utilization(I.C.U.)Analysis is required. "4195(rPOIATAMr) • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • MAzmdtate;Inc 1%Traffic Volume Analysis Fletcher Jones Auto Center at San Diego Creek North Jamboree Road (N/S) /Bison Avenue (E/W) (Existing Traffic Volumes based on Average Winter/Spring 1994)AM Peak 2 1/2 Hour Approved Approach Existing Regional Projects Projected 1%of Projected Project Direction Peak 2 1/2 Hour Growth 2 112 Hour Peak 2 1/2 Hour Peak 2 1/2 Hour Peak 2 1/2 Hour Volume Volume Volume Volume Volume Volume Northbound 4,073 122 1,051 5,246 52 61 Southbound 3,063 92 1,272 4,427 44 56 Eastbound 356 0 48 404 4 0 Westbound 533 0 52 585 6 9 Project Traffic is estimated to be less than 1%of Projected Peak 2 1/2 Hour Traffic Volume. X Project Traffic is estimated to be greater than 1%of Projected Peak 2 1/2 Hour Traffic Volume. Intersection Capacity Utilization(I.C.U.)Analysis is required. 32-05(IPOINTAM-) ISAAswdate;Inc 1%Traffic Volume Analysis Fletcher Jones Auto Center at San Diego Creek North Jamboree Road (N/S) /Bison Avenue (E/W) (Existing Traffic Volumes based on Average Winter/Spring 1994) PM Peak 1/2 Hour Approved Approach Existing Regional Projects Projected 1%of Projected Project Direction Peak 21/2 Hour Growth 2 1/2 Hour Peak 21/2 Hour Peak 21/2 Hour Peak 21/2 Hour Volume Volume Volume Volume Volume Volume Northbound 3,696 ill 1,262 5,069 51 54 Southbound 3,573 107 1,141 4,821 48 89 Eastbound 216 0 26 242 2 0 Westbound 583 0 160 743 7 8 Project Traffic is estimated to be less than 1%of Projected Peak 2 1/2 Hour Traffic Volume. X Project Traffic is estimated to be greater than 1%of Projected Peak 2 1/2 Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.)Analysis is required. 324/95(TPOIATAU-9 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • LSAAsmciate;Ina 1%Traffic Volume Analysis Fletcher Jones Auto Center at San Diego Creek North Jamboree Road (N/S) /Eastbluff Dr. -Ford Rd. (E/W) (Existing Traffic Volumes based on Average Winter/Spring 1993)AM Peak 2 1/2 Hour Approved Approach Existing Regional Projects Projected 1%of Projected Project Direction Peak 21/2 Hour Growth 21/2 Hour Peak 21/2 Hour Peak 2112 Hour Peak 2112 Hour Volume Volume Volume Volume Volume Volume Northbound 4,161 166 1,162 5,489 55 61 Southbound 3,056 122 1,266 4,444 44 49 Eastbound 937 0 162 11099 Il 0 Westbound 688 0 162 850 9 0 Project Traffic is estimated to be less than 1%of Projected Peak 2 1/2 Hour Traffic Volume. X Project Traffic is estimated to be greater than 1%of Projected Peak 2 1/2 Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.)Analysis is required. 324195(IPOIMBMS) • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • MAssndate;Inc 1%Traffic Volume Analysis Fletcher Jones Auto Center at San Diego Creek North jamboree Road (N/S) /Eastbluff Dr. -Ford Rd. (E/W) (Existing Traffic Volumes based on Average Winter/Spring 1993) PM Peak 2 1/2 Hour Approved Approach Existing Regional Projects Projected 1%of Projected Project Direction Peak 21/2 Hour Growth 21/2 Hour Peak 21/2 Hour Peak 21/2 Hour Peak 1/2 Hour Volume Volume Volume Volume Volume Volume Northbound 4,932 197 1,666 6,795 68 54 Southbound 4,614 185 1,326 6,125 61 78 Eastbound 1,097 0 42 1,139 11 0 Westbound 449 0 166 615 6 0 Project Traffic is estimated to be less than 1%of Projected Peak 2 1/2 Hour Traffic Volume. X Project Traffic is estimated to be greater than 1%of Projected Peak 2 1/2 Hour Traffic Volume. Intersection Capacity Utilization(I.C.U.)Analysis is required. 3/z4i95 Crrorrrtvws7 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • LS ASSOdates,Ana 1%Traffic Volume Analysis Fletcher Jones Auto Center at San Diego Creek North Jamboree Road (N/S)/San Joaquin Hills Road (E/W) (Existing Traffic Volumes based on Average Winter/Spring 1994)AM Peak 2 1/2 Hour Approved Approach Existing Regional Projects Projected 1% of Projected Project Direction Peak 2 1/2 Hour Growth 2 1/2 Hour Peak 2 1/2 Hour Peak 2 12 Hour Peak 2 1/2 Hour Volume Volume Volume Volume Volume Volume Northbound 3,706 ill 1,098 4,915 49 44 Southbound 4,063 122 1,412 5,597 56 49 Eastbound 909 0 32 941 9 0 Westbound 861 0 116 977 10 18 Project Traffic is estimated to be less than 1%of Projected Peak 2 12 Hour Traffic Volume. X Project Traffic is estimated to be greater than 1%of Projected Peak 2 12 Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.)Analysis is required. 32•1195(/POA1VTT1.a E9 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • MAs dateg Inc 1%Traffic Volume Analysis Fletcher Jones Auto Center at San Diego Creek North Jamboree Road (N/S) /San Joaquin Hills Road (E/W) (Existing Traffic Volumes based on Average Winter/Spring 1994) PM Peak 2 112 Hour Approved Approach Existing Regional Projects Projected 1%of Projected Project Direction Peak 21/2 Hour Growth 21/2 Hour Peak 1/2 Hour Peak 1/2 Hour Peak 21/2 Hour Volume Volume Volume Volume Volume Volume Northbound 3,859 1% 1,214 5,189 52 39 Southbound 5,489 165 1,353 7,007 70 78 Eastbound 484 0 304 788 8 0 Westbound 2,443 0 101 2,544 25 16 Project Traffic is estimated to be less than 1%of Projected Peak 2 1/2 Hour Traffic Volume. X Project Traffic is estimated to be greater than 1%of Projected Peak 2 1/2 Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.)Analysis is required. 3R4,95(I710INIB.XL9 MAssaciates,Ina 1%Traffic Volume Analysis Fletcher Jones Auto Center at San Diego Creek North Jamboree Road (N/S)/East Coast Highway(E/W ) (Existing Traffic Volumes based on Average Winter/Spring 1993)AM Peak 2 1/2 Hour Approved Approach Existing Regional Projects Projected 1%of Projected Project Direction Peak 2 1/2 Hour Growth 2 1/2 Hour Peak 2 1/2 Hour Peak 2 1/2 Hour Peak 2 1/2 Hour Volume Volume Volume Volume Volume Volume Northbound 1,494 60 52 1,606 16 0 Southbound 1,860 74 685 2,619 26 35 Eastbound 5,212 208 1,180 6,600 66 35 Westbound 2,737 109 214 3,060 31 9 Project Traffic is estimated to be less than 1%of Projected Peak 2 1/2 Hour Traffic Volume. X Project Traffic is estimated to be greater than 1%of Projected Peak 2 1/2 Hour Traffic Volume. Intersection Capacity Utilization(I.C.U.)Analysis is required. 3124,95(IPOLVTB-MS) • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • LSAAssodafes,Ina 1%Traffic Volume Analysis Fletcher Jones Auto Center at San Diego Creek North Jamboree Road (N/S) /East Coast Highway(E/W) (Existing Traffic Volumes based on Average Winter/Spring 1993) PM Peak 21/2 Hour Approved Approach Existing Regional Projects Projected 1%of Projected Project Direction Peak 21/2 Hour Growth 21/2 Hour Peak 21/2 Hour Peak 21/2 Hour Peak 21/2 Hour Volume Volume Volume Volume Volume Volume Northbound 1,076 43 66 1,185 12 0 Southbound 3,975 159 892 5,026 50 56 Eastbound 4,761 190 946 5,897 59 31 Westbound 4,062 162 609 4,833 48 8 Project Traffic is estimated to be less than 1%of Projected Peak 2 1/2 Hour Traffic Volume. X Project Traffic is estimated to be greater than 1%of Projected Peak 2 1/2 Hour Traffic Volume. Intersection Capacity Utilization(I.C.U.)Analysis is required. 324195(IPOIN7B-n9 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • LSAAs iale.;Inc. 1%Traffic Volume Analysis Fletcher Jones Auto Center at San Diego Creek North MacArthur Boulevard (N/S) /Campus Drive (E/W) (Existing Traffic Volumes based on Average Winter/Spring 1994)AM Peak 2 112 Hour Approved Approach Existing Regional Projects Projected 1%of Projected Project Direction Peak 2 1/2 Hour Growth 2 1/2 Hour Peak 2 112 Hour Peak 2 1/2 Hour Peak 2 1/2 Hour Volume Volume Volume Volume Volume Volume Northbound 1,664 50 251 1,965 20 14 Southbound 3,088 93 624 3,805 38 18 Eastbound 2,563 0 76 2,639 26 0 Westbound 829 0 9 838 8 0 X Project Traffic is estimated to be less than 1%of Projected Peak 2 1/2 Hour Traffic Volume. Project Traffic is estimated to be greater than 1% of Projected Peak 2 1/2 Hour Traffic Volume. Intersection Capacity Utilization(I.C.U.)Analysis is required. 324N5(TPQhMB)a9 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • ISAA¢ date-s Inc 1%Traffic Volume Analysis Fletcher Jones Auto Center at San Diego Creek North MacArthur Boulevard (N/S) /Campus Drive (E/W) (Existing Traffic Volumes based on Average Winter/Spring 1994) PM Peak 2 1/2 Hour Approved Approach Existing Regional Projects Projected 1%of Projected Project Direction Peak 2 1/2 Hour Growth 2 1/2 Hour Peak 2 1/2 Hour Peak 2 1/2 Hour Peak 2 1/2 Hour Volume Volume Volume Volume Volume Volume Northbound 2,670 80 754 3,504 35 22 Southbound 2,980 89 329 3,398 34 16 Eastbound 1,952 0 6 1,958 20 0 M Westbound 3,098 0 33 3,131 31 0 X Project Traffic is estimated to be less than 1%of Projected Peak 2 1/2 Hour Traffic Volume. Project Traffic is estimated to be greater than 1%of Projected Peak 2 112 Hour Traffic Volume. Intersection Capacity Utilization(I.C.U.)Analysis is required. 3124195(TPOINTBMS) • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • ISAA=date4 Inc 1%Traffic Volume Analysis Fletcher Jones Auto Center at San Diego Creek North MacArthur Boulevard (N/S) /Jamboree Road (E/W) (Existing Traffic Volumes based on Average Winter/Spring 1994)AM Peak 1/2 Hour Approved Approach Existing Regional Projects Projected 1%of Projected Project Direction Peak 21/2 Hour Growth 2 1/2 Hour Peak 21/2 Hour Peak 21/2 Hour Peak 21/2 Hour Volume Volume Volume Volume Volume Volume Northbound 2,984 90 439 3,513 35 0 Southbound 978 29 1,020 2,027 20 18 Eastbound 3,673 110 1,132 4,915 49 35 Westbound 1,791 54 748 2,593 26 26 Project Traffic is estimated to be less than 1%of Projected Peak 2 112 Hour Traffic Volume. X Project Traffic is estimated to be greater than 1%of Projected Peak 2 1/2 Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.)Analysis is required. 3R4195 fro 7Nle azs7 ISttttSNGl4lC5,InG 1%Traffic Volume Analysis Fletcher Jones Auto Center at San Diego Creek North MacArthur Boulevard (N/S) /Jamboree Road (E/W) (Existing Traffic Volumes based on Average Winter/Spring 1994) PM Peak 21/2 Hour Approved Approach Existing Regional Projects Projected 1%of Projected Project Direction Peak 2 1/2 Hour Growth 2 1/2 Hour Peak 2 1/2 Hour Peak 2 1/2 Hour Peak 2 112 Hour Volume Volume Volume Volume Volume Volume Northbound 1,954 59 583 2,596 26 0 Southbound 3,117 94 643 3,854 39 16 Eastbound 2,340 70 977 3,387 34 56 Westbound 4,304 129 871 5,304 53 23 Project Traffic is estimated to be less than 1%of Projected Peak 2 1/2 Hour Traffic Volume. X Project Traffic is estimated to be greater than 1%of Projected Peak 2 1/2 Hour Traffic Volume. Intersection Capacity Utilization(I.C.U.)Analysis is required. 324i95(!PO➢VI6 M9 MAc date%Inc 1%Traffic Volume Analysis Fletcher Jones Auto Center at San Diego Creek North MacArthur Boulevard (N/S)/Bison Avenue (E/W) (Existing Traffic Volumes based on Average Winter/Spring 1993)AM Peak 21/2 Hour Approved Approach Existing Regional Projects Projected 1%of Projected Project Direction Peak 2 1/2 Hour Growth 2 1/2 Hour Peak 2 1/2 Hour Peak 2 1/2 Hour Peak 2 1/2 Hour Volume Volume Volume Volume Volume Volume Northbound 5,276 211 204 5,691 57 0 Southbound 4,828 193 726 5,747 57 0 Eastbound 740 0 59 799 8 7 Westbound 0 0 82 82 1 9 Project Traffic is estimated to be less than 1%of Projected Peak 2 1/2 Hour Traffic Volume. X Project Traffic is estimated to be greater than 1%of Projected Peak 2 112 Hour Traffic Volume. Intersection Capacity Utilization(I.C.U.)Analysis is required. 3124,95(7MhV7It.XL9 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • L4 Assada1P.s,lna 1%Traffic Volume Analysis Fletcher Jones Auto Center at San Diego Creek North MacArthur Boulevard (N/S) /Bison Avenue (E)W) (Existing Traffic Volumes based on Average Winter/Spring 1993) PM Peak 2 1/2 Hour Approved Approach Existing Regional Projects Projected 1%of Projected Project Direction Peak 1/2 Hour Growth 21/2 Hour Peak 21/2 Hour Peak 1/2 Hour Peak 2112 Hour Volume Volume Volume Volume Volume Volume Northbound 4,029 161 558 4,748 47 0 Southbound 4,307 172 299 4,778 48 0 Eastbound 963 0 177 1,140 11 11 Westbound 0 0 20 20 0 8 Project Traffic is estimated to be less than 1%of Projected Peak 2 1/2 Hour Traffic Volume. X Project Traffic is estimated to be greater than 1%of Projected Peak 2 1(2 Hour Traffic Volume. Intersection Capacity Utilization(I.C.U.)Analysis is required. 3124)95(rPOINB.XL9 ISAAss date,%lnc 1%Traffic Volume Analysis Fletcher Jones Auto Center at San Diego Creek North MacArthur Boulevard (N/S) /Ford Road (E/W) (Existing Traffic Volumes based on Average Winter/Spring 1994)AM Peak 2 12 Hour Approved Approach Existing Regional Projects Projected 1%of Projected Project Direction Peak 12 Hour Growth 21/2 Hour Peak 212 Hour Peak 212 Hour Peak 212 Hour Volume Volume Volume Volume Volume Volume Northbound 4,255 128 567 4,950 49 0 Southbound 4,913 147 678 5,738 57 0 Eastbound 480 0 20 500 5 0 Westbound 2,350 0 152 2,502 25 0 X Project Traffic is estimated to be less than 1%of Projected Peak 2 12 Hour Traffic Volume. Project Traffic is estimated to be greater than 1%of Projected Peak 2 12 Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.)Analysis is required. 3124,95(TPOIAI'cur) MAswaater,Inc 1%Traffic Volume Analysis Fletcher Jones Auto Center at San Diego Creek North MacArthur Boulevard (N/S)/Ford Road (E/W) (Existing Traffic Volumes based on Average Winter/Spring 1994)PM Peak 21/2 Hour Approved Approach Existing Regional Projects Projected 1%of Projected Project Direction Peak 2 1/2 Hour Growth 2 1/2 Hour Peak 2 1/2 Hour Peak 2 1/2 Hour Peak 2 1/2 Hour Volume Volume Volume Volume Volume Volume Northbound 4,091 123 670 4,884 49 0 Southbound 6,052 182 751 6,985 70 0 Eastbound 663 0 20 683 7 0 Westbound 1,189 0 34 1,223 12 0 X Project Traffic is estimated to be less than 1%of Projected Peak 2 1/2 Hour Traffic Volume. Project Traffic is estimated to be greater than 1%of Projected Peak 2 1/2 Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.)Analysis is required. 3124195(IPowzC)US) • • • • • • • • • • • • • • • • • • • • • • • • •- • • • • • • • ISAA=dates,Inc. 1%Traffic Volume Analysis Fletcher Jones Auto Center at San Diego Creek North MacArthur Boulevard (N/S) /San Joaquin Hills Road (E/W) (Existing Traffic Volumes based on Average Winter/Spring 1993)AM Peak 2 1/2 Hour Approved Approach Existing Regional Projects Projected 1%of Projected Project Direction Peak 21/2 Hour Growth 21/2 Hour Peak 21/2 Hour Peak 21/2 Hour Peak 21/2 Hour Volume Volume Volume Volume Volume Volume Northbound 2,928 117 350 3,395 34 9 Southbound 3,785 151 1,002 4,938 49 0 Eastbound 5M 0 102 618 6 7 Westbound 1,647 0 170 1,817 18 0 Project Traffic is estimated to be less than 1%of Projected Peak 2 1/2 Hour Traffic Volume. X Project Traffic is estimated to be greater than 1%of Projected Peak 2 1/2 Hour Traffic Volume. Intersection Capacity Utilization(I.C.U.)Analysis is required. 3124195(TPO/NTCXLS) L%As dafeg Inc. 1%Traffic Volume Analysis Fletcher Jones Auto Center at San Diego Creek North MacArthur Boulevard (N/S) /San Joaquin Hills Road (E/W) (Existing Traffic Volumes based on Average Winter/Spring 1993) PM Peak 21/2 Hour Approved Approach Existing Regional Projects Projected 1%of Projected Project Direction Peak 2 1/2 Hour Growth 2 1/2 Hour Peak 2 1/2 Hour Peak 2 1/2 Hour Peak 2 1/2 Hour Volume Volume Volume Volume Volume Volume Northbound 2,558 102 415 3,075 31 8 Southbound 4,623 185 732 5,540 55 0 Eastbound 1,825 0 469 2,294 23 11 Westbound 1,121 0 71 1,192 12 0 X Project Traffic is estimated to be less than 1%of Projected Peak 2 1/2 Hour Traffic Volume. Project Traffic is estimated to be greater than 1%of Projected Peak 2 1/2 Hour Traffic Volume. Intersection Capacity Utilization(I.C.U.)Analysis is required. 3124195(7POMMM) • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • ISAAmdales,Inc 1%Traffic Volume Analysis Fletcher Jones Auto Center at San Diego Creek North MacArthur Boulevard (N/S) /East Coast Highway (E/W) (Existing Traffic Volumes based on Average Winter/Spring 1993)AM Peak 2 1/2 Hour Approved Approach Existing Regional Projects Projected 1%of Projected Project Direction Peak 2 1/2 Hour Growth 2 1/2 Hour Peak 2 1/2 Hour Peak 2 1/2 Hour Peak 2 1/2 Hour Volume Volume Volume Volume Volume Volume Northbound 0 0 0 0 0 0 Southbound 1,226 49 238 1,513 15 7 Eastbound 2,437 97 120 2,654 27 7 Westbound 4,788 192 624 5,604 56 18 X Project Traffic is estimated to be less than 1%of Projected Peak 2 1/2 Hour Traffic Volume. Project Traffic is estimated to be greater than 1%of Projected Peak 2 1/2 Hour Traffic Volume. Intersection Capacity Utilization(I.C.U.)Analysis is required. 31-14,95(IPOIN71CM9 MA=dates,Ina 1%Traffic Volume Analysis Fletcher Jones Auto Center at San Diego Creek North MacArthur Boulevard (N/S) /East Coast Highway (E/W) (Existing Traffic Volumes based on Average Winter/Spring 1993) PM Peak 21/2 Hour Approved Approach Existing Regional Projects Projected 1%of Projected Project Direction Peak 2 1/2 Hour Growth 2 112 Hour Peak 2 1/2 Hour Peak 2 1/2 Hour Peak 2 1/2 Hour Volume Volume Volume Volume Volume Volume Northbound 0 0 0 0 0 0 Southbound 2,342 94 443 2,879 29 11 Eastbound 4,111 164 323 4,598 46 11 Westbound 3,634 145 288 4,067 41 16 X Project Traffic is estimated to be less than 1%of Projected Peak 2 1/2 Hour Traffic Volume. Project Traffic is estimated to be greater than 1%of Projected Peak 2 1/2 Hour Traffic Volume. Intersection Capacity Utilization(I.C.U.)Analysis is required. 324,95(FPOWCN-9 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • MAssodate4Ina 1%Traffic Volume Analysis Fletcher Jones Auto Center at San Diego Creek North Campus Drive (N/S) /Bristol Street North (E/W) (Existing Traffic Volumes based on Average Winter/Spring 1994)AM Peak 2112 Hour Approved Approach Existing Regional Projects Projected 1%of Projected Project Direction Peak 2 1/2 Hour Growth 2 1/2 Hour Peak 2 1/2 Hour Peak 2 1/2 Hour Peak 2 1/2 Hour Volume Volume Volume Volume Volume Volume Northbound 5,145 0 52 5,197 52 0 Southbound 1,157 0 40 1,197 12 0 Eastbound 0 0 0 0 0 0 Westbound 2,616 0 466 3,082 31 21 X Project Traffic is estimated to be less than 1%of Projected Peak 2 1/2 Hour Traffic Volume. Project Traffic is estimated to be greater than 1%of Projected Peak 2 1/2 Hour Traffic Volume. Intersection Capacity Utili2ation(I.C.U.)Analysis is required. 3124r95(fPOGYIGXLS) • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • MAssociafag Inc 1%Traffic Volume Analysis Fletcher Jones Auto Center at San Diego Creek North Campus Drive (N/S) /Bristol Street North (E/W) (Existing Traffic Volumes based on Average Winter/Spring 1994) PM Peak 12 Hour Approved Approach Existing Regional Projects Projected 1%of Projected Project Direction Peak 2 1/2 Hour Growth 2 12 Hour Peak 2 1/2 Hour Peak 2 12 Hour Peak 2 1/2 Hour Volume Volume Volume Volume Volume Volume Northbound 3,571 0 18 3,589 36 0 Southbound 4,617 0 158 4,775 48 0 Eastbound 0 0 0 0 0 0 Westbound 6,855 0 1,049 7,904 79 33 X Project Traffic is estimated to be less than 1%of Projected Peak 2 12 Hour Traffic Volume. Project Traffic is estimated to be greater than 1%of Projected Peak 2 12 Hour Traffic Volume. Intersection Capacity Utilization(I.C.U.)Analysis is required. 3124195(rPOINTG 1Z9 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • MAcmciate{Inc 1%Traffic Volume Analysis Fletcher Jones Auto Center at San Diego Creek North Campus Dr.Irvine Ave. (N/S) /Bristol Street (EM (Existing Traffic Volumes based on Average Winter/Spring 1993)AM Peak 21/2 Hour Approved Approach Existing Regional Projects Projected 1%of Projected Project Direction Peak 21/2 Hour Growth 21/2 Hour Peak 21/L Hour Peak 21/2 Hour Peak 2112 Hour Volume Volume Volume Volume Volume Volume Northbound 3,952 158 431 4,541 45 18 Southbound 991 40 200 1,231 12 0 Eastbound 6,645 0 681 7,326 73 9 Westbound 0 0 0 0 0 0 X Project Traffic is estimated to be less than 1%of Projected Peak 2 1/2 Hour Traffic Volume. Project Traffic is estimated to be greater than 1%of Projected Peak 21/2 Hour Traffic Volume. Intersection Capacity Utilization(I.C.U.)Analysis is required. 3124195(IPORPfCTil9 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • L4teLamiate;Inu 1%Traffic Volume Analysis Fletcher Jones Auto Center at San Diego Creek North Campus Dr.-Irvine Ave. (N/S) /Bristol Street (EM (Existing Traffic Volumes based on Average Winter/Spring 1993)PM Peak 2 112 Hour Approved Approach Existing Regional Projects Projected 1%of Projected Project Direction Peak 2 1/2 Hour Growth 2 1/2 Hour Peak 2 1/2 Hour Peak 2 1/2 Hour Peak 2 1/2 Hour Volume Volume Volume Volume Volume Volume Northbound 3,002 120 269 3,391 34 16 Southbound 2,823 113 396 3,332 33 0 Eastbound 5,600 0 307 5,907 59 8 Westbound 0 0 0 0 0 0 X Project Traffic is estimated to be less than 1%of Projected Peak 2 1/2 Hour Traffic Volume. Project Traffic is estimated to be greater than 1%of Projected Peak 2 1/2 Hour Traffic Volume. Intersection Capacity Utilization(I.C.U.)Analysis is required. 324195(motMCXu7 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • MA. date;Ina 1%Traffic Volume Analysis Fletcher Jones Auto Center at San Diego Creek North Birch Street (N/S) /Bristol Street North (F/W) (Existing Traffic Volumes based on Average Winter/Spring 1994)AM Peak 2 112 Hour Approved Approach Existing Regional Projects Projected 1%of Projected Project Direction Peak 21/2 Hour Growth 21/2 Hour Peak 1/2 Hour Peak 112 Hour Peak 21/2 Hour Volume Volume Volume Volume Volume Volume Northbound 2,386 0 50 2,436 24 0 Southbound 684 0 93 777 8 0 Eastbound 0 0 0 0 0 0 Westbound 2,725 0 448 3,173 32 21 X Project Traffic is estimated to be less than 1%of Projected Peak 2 112 Hour Traffic Volume. Project Traffic is estimated to be greater than 1%of Projected Peak 2 1/2 Hour Traffic Volume. Intersection Capacity Utilization(I.C.U.)Analysis is required. 3124195(!PO➢TC-)M) • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • MAssodates,Inc 1%Traffic Volume Analysis Fletcher Jones Auto Center at San Diego Creek North Birch Street (N/S) /Bristol Street North (E/WV) (Existing Traffic Volumes based on Average Winter/Spring 1994)PM Peak 2 1/2 Hour Approved Approach Existing Regional Projects Projected 1%of Projected Project Direction Peak 2 112 Hour Growth 2 1/2 Hour Peak 2 1/2 Hour Peak 2 1/2 Hour Peak 2 1/2 Hour Volume Volume Volume Volume Volume Volume Northbound 1,244 0 29 1,273 13 0 Southbound 3,171 0 97 3,268 33 0 Eastbound 0 0 0 0 0 0 Westbound 5,278 0 998 6,276 63 33 X Project Traffic is estimated to be less than 1%of Projected Peak 2 112 Hour Traffic Volume. Project Traffic is estimated to be greater than 1%of Projected Peak 2 1/2 Hour Traffic Volume. Intersection Capacity Utilization(I.C.U.)Analysis is required. 3t24195(TP01NPGaV9 MAAss dates,Lnc 1%Traffic Volume Analysis Fletcher Jones Auto Center at San Diego Creek North Birch Street (N/S) /Bristol Street (E/W) (Existing Traffic Volumes based on Average Winter/Spring 1993)AM Peak 21/2 Hour Approved Approach Existing Regional Projects Projected 1%of Projected Project Direction Peak 2 1/2 Hour Growth 2 1/2 Hour Peak 2 1/2 Hour Peak 2 1/2 Hour Peak 2 1/2 Hour Volume Volume Volume Volume Volume Volume Northbound 473 0 20 493 5 0 Southbound 578 0 75 653 7 0 Eastbound 4,336 0 879 5,215 52 26 Westbound 0 0 0 0 0 0 X Project Traffic is estimated to be less than 1%of Projected Peak 2 1/2 Hour Traffic Volume. Project Traffic is estimated to be greater than 1%of Projected Peak 2 1/2 Hour Traffic Volume. Intersection Capacity Utilization(I.C.U.)Analysis is required. 3124P75(IPOLNTGaL9 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • LSA' Amctate;Inc 1%Traffic Volume Analysis Fletcher Jones Auto Center at San Diego Creek North Birch Street (N/S) /Bristol Street (E/W ) (Existing Traffic Volumes based on Average Winter/Spring 1992)PM Peak 21/2 Hour Approved Approach Existing Regional Projects Projected 1%of Projected Project Direction Peak 2 1/2 Hour Growth 21/2 Hour Peak 2 1/2 Hour Peak 2 1/2 Hour Peak 21/2 Hour Volume Volume Volume Volume Volume Volume Northbound 634 0 0 634 6 0 Southbound 1,336 0 46 1,382 14 0 Eastbound 3,982 0 497 4,479 45 23 Westbound 0 0 0 0 0 0 X Project Traffic is estimated to be less than 1%of Projected Peak 2 112 Hour Traffic Volume. Project Traffic is estimated to be greater than 1%of Projected Peak 2 1/2 Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.)Analysis is required. 324195(IFOIATC a9 MAssoclatcs,Inc • • APPENDIX B • INTERSECTION CAPACITY • UTILIZATION ANALYSIS WORKSHEETS • TRAFFIC PHASING ORDINANCE (TPO) ANALYSIS • • • • • • • • • • • • • • • • • • • • 04/25/95(I:\CNB501\TR0PIC.RPT) • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • LSAAwxiate;Inc City of Newport Beach Intersection Capacity Utilization Analysis Jamboree Road (N/S)/Bristol St. North (E/W) EXISTING WITH CUMULATIVE GROWTH, CUMULATIVE GROWTH COMMITTED PROJECTS,AND PROJECT EXISTING 1994 AND COMMITTED PROJECTS PROJECT WITH PROJECT MITIGATION V/C V/C V/C V/C MOVE- VOLUMES RATIO VOLUMES RATIO VOLUMES RATIO VOLUMES RATIO MENT IN. CAP. AM PM AM PM AM PM AM PM AM PM AM PM IN. CAP. AM PM AM PM NBL 2 3,200 854 876 0.27 * 0.27 * 47 123 0.28 * 0.31 * 11 17 0.28 * 0.32 * 2 3,200 912 1,016 0.28 * 0.32 NBT 0 0 2,993 2,249 0.00 0.00 507 577 0.00 0.00 18 28 0.00 0.00 0 0 3,518 2,854 0.00 0.00 NBR 0 0 0 0 0.00 0.00 0 0 0.00 0.00 0 0 0.00 0.00 0 0 0 0 0.00 0.00 SBL 0 0 0 0 0.00 0.00 0 0 0.00 0.00 0 0 0.00 0.00 0 0 0 0 0.00 0.00 SBT 4 6,400 518 1,154 0.14 * 0.36 * 434 391 0.22 * 0.44 * 22 20 0.22 * 0.44 * 4 6,400 974 1,564 0.22 * 0.44 SBR 0 0 409 1,132 0.00 0.00 50 110 0.00 0.00 0 0 0.00 0.00 0 0 459 1,242 0:00 0.00 EBL 0 0 0 0 0.00 0.00 0 0 0.00 0.00 0 0 0.00 0.00 0 0 0 0 0.00 0.00 EBT 0 0 0 0 0.00 0.00 0 0 0.00 0.00 0 0 0.00 0.00 0 0 0 0 0.00 0.00 ERR 0 0 0 0 0.00 0.00 0 0 0.00 0.00 0 0 0.00 0.00 0 0 0 0 0.00 0.00 WBL 0 0 0 0 0.00 0.00 0 0 0.00 0.00 0 0 0.00 0.00 0 0 0 0 0.00 0.00 WBT 0 0 0 0 0.00• 0.00 0 0 0.00 0.00 0 0 0.00 0.00 0 0 0 0 0.00 0.00 WBR 0 0 0 0 0.00 0.00 0 0 0.00 0.00 0 0 0.00 0.00 0 0 0 0 0.00 0.00 NIS Critical Movements 0.41 0.63 0.50 0.75 0.50 0.76 0.50 0.76 E/W Critical Movements 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Right Turn C.M. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Yellow Clearance 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ICU 0.41 0.63 0.50 0.75 0.50 0.76 0.50 0.76 LEVEL OF SERVICE A B A C A C A C it 4118,95 CMOICUA27-D • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • LS4A&wdah?4 I= City of Newport Beach Intersection Capacity Utilization Analysis Jamboree Road (N/S)/Bristol Street (E/W) EXISTING WITH CUMULATIVE GROWTH, CUMULATIVE GROWTH COMMITTED PROJECTS,AND PROJECT EXISTING 1993 AND COMMITTED PROJECTS PROJECT WITH PROJECT MITIGATION V/C V/C V/C V/C MOVE- VOLUMES RATIO VOLUMES RATIO VOLUMES RATIO VOLUMES RATIO MENT IN. CAP. AM PM AM PM AM PM AM PM AM PM AM PM IN. CAP. AM PM AM PM NBL 0 0 0 0 0.00 0.00 0 0 0.00 0.00 0 0 0.00 0.00 0 0 0 0 0.00 0.00 NBT 5 8,000 2,336 2,077 0.29 * 0.26 * 493 662 0.35 * 0.34 * 39 61 0.36 * 0.35 * 5 8,000 2,868 2,800 0.36 * 0.35 NBR 0 0 0 6 0.00 0.00 0 0 0.00 0.00 0 0 0.00 0.00 0 0 0 6 0.00 0.00 SBL 0 0 0 0 0.00 * 0.00 * 0 0 0.00 * 0.00 * 0 0 0.00 * 0.00 * 0 0 0 0 0.00 * 0.00 SBT 3 4,800 440 1,077 0.09 0.22 451 393 0.19 0.31 22 20 0.19 0.31 3 4,800 913 1,490 0.19 0.31 SBR 0 0 0 0 0.00 0.00 0 0 0.00 0.00 0 0 0.00 0.00 0 0 0 0 0.00 0.00 EBL 0 0 1,154 869 0.00 0.00 340 185 0.00 0.00 0 0 0.00 0.00 2 3,200 1,494 1,054 0.47 * 0.33 EBT 2 3,200 283 541 0.45 * 0.44 * 201 203 0.62 * 0.56 * 0 0 0.62 * 0.56 * 1 1,600 484 744 0.30 0.47 * EBR 2 3,200 935 1,404 0.29 0.44 297 139 0.39 0.48 26 23 0.39 0.49 2 3,200 1,258 1,566 0.39 0.02 * WBL 0 0 0 0 0.00 * 0.00 * 0 0 0.00 * 0.00 * 0 0 0.00 * 0.00 * 0 0 0 0 0.00 0.00 * WBT 0 0 0 0 0.00 0.00 0 0 0.00 0.00 0 0 0.00 0.00 0 0 0 0 0.00 * 0.00 WBR 0 0 0 0 0.00 0.00 0 0 0.00 0.00 0 0 0.00 0.00 0 0 0 0 0.00 0.00 NIS Critical Movements 0.29 0.26 0.35 0.34 0.36 0.35 0.36 0.35 E/W Critical Movements 0.45 0.44 0.62 0.56 0.62 0.56 0.47 0.47 Right Turn C.M. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.02 Yellow Clearance 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ICU 0.74 0.70 0.97 0.90 0.98 0.91 0.83 0.84 LEVEL OF SERVICE C C E E E E D D 4124195(TPOICl Maq • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • MAz dates;1= City of Newport Beach Intersection Capacity Utilization Analysis Jamboree Road (N/S)/Bayview Way(E/W) EXISTING WITH CUMULATIVE GROWTH, CUMULATIVE GROWTH COMMITTED PROJECTS,AND PROJECT EXISTING 1991 AND COMMITTED PROJECTS PROJECT WITH PROJECT MITIGATION V/C V/C V/C V/C MOVE- VOLUMES RATIO VOLUMES RATIO VOLUMES RATIO VOLUMES RATIO MENT IN. CAP. AM PM AM PM AM PM AM PM AM PM AM PM IN. CAP. AM PM AM PM NBL 1 1,600 63 150 0.04 * 0.09 0 0 0.04 * 0.09 0 0 0.04 * 0.09 1 1,600 63 150 0.04 * 0.09 NBT 4 6,400 2,157 3,127 0.34 0.49 * 529 767 o.42 0.61 * 0 0 0.43 0.61 * 4 6,400 2,686 3,894 0.43 0.61 NBR 0 0 0 0 0.00 0.00 0 0 0.00 0.00 40 35 0.00 0.00 0 0 40 35 0.00 0.00 SBL 0 0 0 0 0.00 0.00 * 0 0 0.00 0.00 * 48 43 0.00 0.00 * 0 0 48 43 0.00 0.00 SBT 4 6,400 2,571 1,513 0.40 * 0.24 728 429 0.52 * 0.30 0 0 0.52 * 0.31 4 6,400 3,299 1,942 0.52 * 0.31 SBR 1 1,600 43 112 0.03 0.07 0 0 0.03 0.07 0 0 0.03 0.07 1 1,600 43 112 0.03 0.07 EBL 2 3,200 77 24 0.02 * 0.01 * 0 0 0.02 * 0.01 * 0 0 0.02 * 0.01 2 3,200 77 24 0.02 * 0.01 EBT 0 0 0 0 0.00 0.00 0 0 0.00 0.00 0 0 0.00 0.00 * 0 0 0 0 0.00 0.00 ERR 1 1,600 133 23 0.08 0.01 0 0 0.08 0.01 * 0 0 0.08 0.01 1 1,600 133 23 0.08 0.01 WBL 1 1,600 0 0 0.00 0.00 0 0 0.00 0.00 32 50 0.02 0.03 * 1 1,600 32 50 0.02 0.03 WBT 0 0 0 0 0.00 * 0.00 * 0 0 0.00 * 0.00 * 0 0 0.00 * 0.00 0 0 0 0 0.00 * 0.00 WBR 1 1,600 0 0 0.00 0.00 0 0 0.00 0.00 39 61 0.02 o.o4 1 1,600 39 61 0.02 0.04 NIS Critical Movements 0.44 0.49 0.56 0.61 0.56 0.61 0.56 0.61 E/W Critical Movements 0.02 0.01 0.02 0.01 0.02 0.03 0.02 0.03 Right Turn C.M. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Yellow Clearance 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ICU 0.46 0.50 0.58 0.62 0.58 o.64 0.58 0.64 LEVEL OF SERVICE A A A B A B A B 41MN5(n OICUAM) MAssodate%Inc City of Newport Beach Intersection Capacity Utilization Analysis Jamboree Road (N/S)/Eastbluff-University Drive (E/W) EXISTING WITH CUMULATIVE GROWTH, CUMULATIVE GROWTH COMMITTED PROJECTS,AND PROJECT EXISTING 1993 AND COMMITTED PROJECTS PROJECT WITH PROJECT MITIGATION V/C V/C V/C V/C MOVE- VOLUMES RATIO VOLUMES RATIO VOLUMES RATIO VOLUMES RATIO MENT IN. CAP. AM PM AM PM AM PM AM PM AM PM AM PM IN. CAP. AM PM AM PM NBL 1 1,600 6 13 0.00 0.01 2 19 0.01 0.02 0 0 0.01 0.02 1 1,600 8 32 0.01 0.02 NBT 3 4,800 1,812 1,524 0.38 * 0.32 * 355 572 0.45 * 0.44 * 35 31 0.46 * 0.44 * 3 4,800 2,203 2,127 0.46 * 0.44 NBR 1 1,600 269 338 0.17 0.21 9 39 0.17 0.24 0 0 0.17 0.24 1 1,600 278 377 0.17 0.24 SBL 1 1,600 77 301 0.05 * 0.19 * 0 105 0.05 * 0.25 * 4 6 0.05 * 0.26 * 1 1,600 81 412 0.05 * 0.26 SBT 3 4,8001,111 1,921 0.23 0.40 593 386 0.36 0.48 28 44 0.36 0.49 3 4,800 1,733 2,351 0.36 0.49 SBR 1 1,600 206 408 0.13 0.26 25 29 0.14 0.27 0 0 0.14 0.27 1 1,600 231 437 0.14 0.27 EBL 0 0 402 178 0.00 0.00 58 20 0.00 0.00 0 0 0.00 0.00 0 0 460 198 0.00 0.00 EBT 2 3,200 59 74 0.14 * 0.08 * 0 0 o.16 * 0.09 * 0 0 0.16 * 0.09 * 2 3,200 59 74 0.16 * 0.09 EBR 10 16,000 3 0 0.00 0.00 8 4 0.00 0.00 0 0 0.00 0.00 10 16,000 11 4 0.00 0.00 WBL 0 0 278 386 0.00 0.00 42 17 0.00 0.00 0 0 0.00 0.00 0 0 320 403 0.00 0.00 WBT 3 4,800 49 97 0.07 * 0.10 * 0 0 0.08 * 0.10 * 0 0 0.08 * 0.10 * 3 4,800 49 97 0.08 * 0.10 WBR 10 16,000 265 158 0.02 0.01 0 0 0.02 0.01 4 4 0.02 0.01 10 16,000 269 162 0.02 0.01 NIS Critical Movements 0.43 0.51 0.50 0.69 0.51 0.70 0.51 0.70 E/W Critical Movements 0.21 0.18 0.24 0.19 0.24 0.19 0.24 0.19 Right Turn C.M. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Yellow Clearance 0.00 0.00 0.00 0.00 0.00 . 0.00 0.00 0.00 ICU 0.64 0.69 0.74 0.88 0.75 0.89 0.75 0.89 LEVEL OF SERVICE B B C D C D C D 4118195 0MICUA .9 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • LSAAMaa:e;Inc City of Newport Beach Intersection Capacity Utilization Analysis Jamboree Road (NIS)/Bison Avenue (E/W) EXISTING WITH CUMULATIVE GROWTH, CUMULATIVE GROWTH COMMITTED PROJECTS,AND PROJECT EXISTING 1994 AND COMMITTED PROJECTS PROJECT WITH PROJECT MITIGATION V/C V/C V/C V/C MOVE- VOLUMES RATIO VOLUMES RATIO VOLUMES RATIO VOLUMES RATIO MENT IN. CAP. AM PM AM PM AM PM AM PM AM PM AM PM IN. CAP. AM PM AM PM NBL 1 1,600 22 21 0.01 0.01 5 17 0.02 0.02 0 0 0.02 0.02 1 1,600 27 38 0.02 0. 22 NET 3 4,800 1,786 1,754 0.39 * 0.39 * 553 639 0.51 * 0.53 * 31 27 0.52 * 0.54 * 3 4,800 2,369 2,420 0.52 * 0.54 NBR 0 0 107 132 0.00 0.00 22 27 0.00 0.00 0 0 0.00 0.00 0 0 129 159 0.00 0.00 SBL 2 3,200 65 156 0.02 * 0.05 * 33 8 0.03 * 0.05 * 4 6 0.03 * 0.05 * 2 3,200 102 170 0.03 * 0.05 SET 3 4,800 1,247 1,910 0.26 0.40 641 620 0.39 0.53 25 39 0.40 0.54 3 4,800 1,913 2,569 0.40 0.54 SBR 1 1,600 20 89 0.01 0.06 0 0 0.01 0.06 0 0 0.01 0.06 1 1,600 20 89 0.01 0.06 EEL 0 0 73 34 0.00 0.00 0 0 0.00 0.00 0 0 0.00 0.00 0 0 73 34 0.00 0.00 EBT 1 i,6o0 76 60 0.09 * 0.06 * 0 0 0.09 * 0.06 * 0 0 0.09 * 0.06 * i 1,600 76 60 0.09 * 0.06 EBR 10 16,000 26 15 0.00 0.00 24 13 0.00 0.00 0 0 0.00 0.00 10 16,000 50 28 0.00 0.00 WBL 1 1,600 86 160 0.05 * 0.10 * 17 38 0.06 * 0.12 * 0 0 0.06 * 0.12 * 1 1,600 103 198 0.06 * 0.12 wBT 1 1,600 76 90 0.05 0.06 0 0 0.05 0.06 0 0 0.05 0.06 1 1,600 76 90 0.05 0.06 WBR 2 3,200 101 56 0.03 0.02 10 41 0.03 0.03 4 4 0.04 0.03 2 3,200 115 101 0.04 0.03 NIS Critical Movements 0.41 0.44 0.54 0.58 0.55 0.59 0.55 0.59 E/W Critical Movements 0.14 0.16 0.15 0.18 0.15 0.18 0.15 0.18 Right Turn C.M. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Yellow Clearance 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ICU 0.55 0.60 0.69 0.76 0.70 0.77 0.70 0.77 LEVEL OF SERVICE A B B C C C C C 4118,95(TPOICUAM9 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • ZSAAttoctate;Inc City of Newport Beach Intersection Capacity Utilization Analysis Jamboree Road (N/3)/Eastbluff-Ford Road (E/W) EXISTING WITH CUMULATIVE GROWTH, CUMULATIVE GROWTH COMMITTED PROJECTS,AND PROJECT EXISTING 1993 AND COMMITTED PROJECTS PROJECT WITH PROJECT MITIGATION , V/C V/C V/C V/C MOVE- VOLUMES RATIO VOLUMES RATIO VOLUMES RATIO VOLUMES RATIO MENT IN. CAP. AM PM AM PM AM PM AM PM AM PM AM PM IN. CAP. AM PM AM PM NBL 2 3,200 282 288 0.09 * 0.09 * 13 57 0.09 * 0.11 * 0 0 0.09 * 0.11 * 2 3,200 295 345 0.09 * 0.11 * NET 3 4,800 1,587 1,673 0.34 0.36 670 753 0.48 0.53 31 27 0.49 0.53 3 4,800 2,288 2,453 0.49 0.53 NBR 0 0 38 66 0.00 0.00 12 39 0.00 0.00 0 0 0.00 0.00 0 0 50 105 0.00 0.00 SBL 1 1,600 25 Ill 0.02 0.07 0 30 0.02 0.09 0 0 0.02 0.09 1 1,600 25 141 0.02 0.09 SBT 3 4,800 1,279 2,168 0.27 * 0.45 * 685 717 0.41 * 0.60 * 25 39 0.41 * 0.61 * 3 4,800 1,989 2,924 0.41 * 0.61 * SBR 1 1,600 20 40 0.01 0.03 0 3 0.01 0.03 0 0 0.01 0.03 1 1,600 20 43 0.01 0.03 EEL 1 1,600 122 32 0.08 0.02 1 2 0.08 0.02 0 0 0.08 0.02 1 1,600 123 34 0.08 * 0.02 EBT 1 1,600 176 98 0.11 0.06 10 0 0.12 0.06 0 0 0.12 0.06 2 3,200 186 98 0.15 0.13 EBR 1 1,600 215 274 0.13 * 0.17 * 70 29 0.18 * 0.19 * 0 0 0.18 * 0.19 * 0 0 285 303 0.00 0.00 * WBL 0 0 55 77 0.00 0.00 21 43 0.00 0.00 0 0 0.00 0.00 0 0 76 120 0.00 0.00 WET 3 4,800 333 78 0.08 * 0.03 * 10 0 0.09 * 0.04 * 0 0 0.09 * 0.04 * 3 4,800 343 78 0.09 * 0.04 * WBR 1 1,600 31 14 0.02 0.01 50 30 0.05 0.03 0 0 0.05 0.03 1 1,600 81 44 0.05 0.03 NIS Critical Movements 0.36 0.54 0.50 0.71 0.50 0.72 0.50 0.72 E/W Critical Movements 0.21 0.20 0.27 0.23 0.27 0.23 0.24 0.17 Right Turn C.M. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Yellow Clearance 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ICU 0.57 0.74 0.77 0.94 0.77 0.95 0.74 0.89 LEVEL OF SERVICE A C C E C E C D 4124195(TPOICUAM9 • • • • • • • • • • • 0 • • • • • • • • • • • • R-4As ndate;Inc City of Newport Beach Intersection Capacity Utilization Analysis Jamboree Road (NIS) /San Joaquin Hills Road (E/W) EXISTING WITH CUMULATIVE GROWTH, CUMULATIVE GROWTH COMMITTED PROJECTS,AND PROJECT EXISTING 1994 AND COMMITTED PROJECTS PROJECT WITH PROJECT MITIGATION V/C V/C V/C V/C MOVE- VOLUMES RATIO VOLUMES RATIO VOLUMES RATIO VOLUMES RATIO MENT IN. CAP. AM PM AM PM AM PM AM PM AM PM AM PM IN. CAP. AM PM AM PM NBL 1 1,600 33 98 0.02 0.06 0 10 0.02 0.07 0 0 0.02 0.07 1 1,600 33 108 0.02 0.07 NBT 3 4,800 1,567 1,335 0.33 * 0.28 * 561 608 0.44 * 0.40 * 22 20 0.45 * 0.41 * 3 4,800 2,150 1,963 0.45 * 0.41 * NBR 1 1,600 116 120 0.07 0.08 36 25 0.10 0.09 0 0 0.10 0.09 1 1,600 152 145 0.10 0.09 SBL 2 3,200 708 599 0.22 * 0.19 * 144 67 0.27 * 0.21 * 7 11 0.27 * 0.21 * 2 3,200 859 677 0.27 * 0.21 * SBT 3 4,800 1,145 1,830 0.24 0.38 597 666 0.36 0.52 18 28 0.37 0.53 3 4,800 1,760 2,524 0.37 0.53 SBR 1 1,600 31 241 0.02 0.15 0 3 0.02 0.15 0 0 0.02 0.15 1 1,600 31 244 0.02 0.15 EBL 0 0 343 91 0.00 0.00 1 12 0.00 0.00 0 0 0.00 0.00 0 0 344 103 0.00 0.00 EBT 3 4,800 45 41 0.08 * 0.03 * 0 6 0.08 * 0.03 * 0 0 0.08 * 0.03 * 3 4,800 45 47 0.08 * 0.03 * ERR 10 16,000 72 42 0.00 0.00 0 0 0.00 0.00 0 0 0.00 0.00 10 16,000 72 42 0.00 0.00 WBL 0 0 84 188 0.00 0.00 19 54 0.00 0.00 0 0 0.00 0.00 0 0 103 242 0.00 0.00 WBT 3 4,800 17 53 0.02 * 0.05 * 0 0 0.03 * 0.06 * 0 0 0.03 * 0.06 * 3 4,800 17 53 0.03 * 0.06 * WBR 10 16,000 306 880 0.02 0.06 69 134 0.02 0.06 9 8 0.02 0.06 10 16,000 384 1,022 0.02 0.06 NIS Critical Movements 0.55 0.47 0.71 0.61 0.72 0.62 0.72 0.62 E/W Critical Movements 0.10 0.08 0.11 0.09 0.11 0.09 0.11 0.09 Right Turn C.M. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Yellow Clearance 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ICU 0.65 0.55 0.82 0.71 0.82 0.71 0.83 0.71 LEVEL OF SERVICE B A D C D C D C 4118,95(IPOICUAMV • ' . • • • • • • • • • • • • • • • • • • MA=dateg Inc City of Newport Beach Intersection Capacity Utilization Analysis Jamboree Road (N/S) /Coast Highway (E/W) EXISTING WITH CUMULATIVE GROWTH, CUMULATIVE GROWTH COMMITTED PROJECTS,AND PROJECT EXISTING 1993 AND COMMITTED PROJECTS PROJECT WITH PROJECT MITIGATION V/C V/C V/C V/C MOVE- VOLUMES RATIO VOLUMES RATIO VOLUMES RATIO VOLUMES RATIO MENT IN. CAP. AM PM AM PM AM PM AM PM AM PM AM PM IN. CAP. AM PM AM PM NBL 1 1,600 22 33 0.01 0.02 0 10 0.01 0.03 0 0 0.01 0.03 1 1,600 22 43 0.01 0.03 NBT 2 3,200 554 309 0.20 * 0.12 * 22 18 0.21 * 0.12 * 0 0 0.21 * 0.12 * 2 3,200 576 327 0.21 * 0.12 * NBR 0 0 92 67 0.00 0.00 4 5 0.00 0.00 0 0 0.00 0.00 0 0 96 72 0.00 0.00 SBL 1 1,600 89 150 0.06 * 0.09 * 35 31 0.08 * 0.11 * 4 6 0.08 * 0.12 * 1 1,600 127 187 0.08 * 0.12 * SBT 2 3,200 222 577 0.07 0.18 12 34 0.07 0.19 0 0 0.07 0.19 2 3,200 234 611 0.07 0.19 SBR 10 16,000 552 1,245 0.03 0.08 322 437 0.05 0.11 14 22 0.06 0.11 10 16,000 888 1,704 0.06 0.11 EBL 3 4,800 1,047 727 0.22 * 0.15 * 259 300 0.27 * 0.21 * 18 16 0.28 * 0.22 * 3 4,800 1,324 1,043 0.28 * 0.22 * EBT 4 6,4001,442 1,243 0.23 0.20 338 216 0.29 0.23 0 0 0.29 0.23 4 6,400 1,780 1,459 0.29 0.23 EBR 0 0 2 14 0.00 0.00 52 5 0.00 0.00 0 0 0.00 0.00 0 0 54 19 0.00 0.00 WBL 2 3,200 56 149 0.02 0.05 8 14 0.02 0.05 0 0 0.02 0.05 2 3,200 64 163 0.02 0.05 WBT 4 6,400 987 1,551 0.15 * 0.24 * 137 296 0.18 * 0.29 * 0 0 0.18 * 0.29 * 4 6,400 1,124 1,847 0.18 * 0.29 * wBR io 16,000 92 57 0.01 0.00 1 56 0.01 0.01 4 4 0.01 0.01 10 16,000 97 117 0.01 0.01 NIS Critical Movements 0.26 0.21 0.29 0.23 0.29 0.24 0.29 0.24 E/W Critical Movements 0.37 0.39 0.45 0.50 0.46 0.51 0.46 0.51 Right Turn C.M. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Yellow Clearance 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ICU 0.63 0.60 o.74 0.73 0.75 0.75 0.75 0.75 LEVEL OF SERVICE B B C C C C C C 4118195(TPOICUAM) • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • MAssociates;Ina City of Newport Beach Intersection Capacity Utilization Analysis MacArthur Boulevard 00)/Jamboree Road (E/W) 0 EXISTING WITH CUMULATIVE GROWTH, CUMULATIVE GROWTH COMMITTED PROJECTS,AND PROJECT EXISTING 1994 AND COMMITTED PROJECTS PROJECT WITH PROJECT MITIGATION V/C V/C V/C V/C MOVE- VOLUMES RATIO VOLUMES RATIO VOLUMES RATIO VOLUMES RATIO MENT IN. CAP. AM PM AM PM AM PM AM PM AM PM AM PM IN. CAP. AM PM AM PM NBL 1 1,600 181 327 0.11 0.20 * 5 20 0.12 0.22 * 0 0 0.12 0.22 * 1 1,600 186 347 0.12 0.22 NET 3 4,800 993 393 0.26 * 0.12 207 244 0.31 * 0.18 0 0 0.31 * 0.18 3 4,800 1,200 637 0.31 * 0.18 NBR 0 0 272 190 0.00 0.00 38 41 0.00 0.00 0 0 0.00 0.00 0 0 310 231 0.00 0.00 SBL 1 1,600 65 219 0.04 * 0.14 110 15 0.11 * 0.15 0 0 0.11 * 0.15 1 1,600 175 234 0.11 * 0.15 SST 3 4,800 211 970 0.04 0.20 * 323 251 0.11 0.25 * 0 0 0.11 0.25 * 3 4,800 534 1,221 0.11 0.25 SBR l0 M,000 130 569 0.01 0.04 84 84 0.01 0.04 9 8 0.01 0.04 10 16,000 223 661 0.01 0.04 EBL 2 3,200 559 277 0.17 * 0.09 * 150 167 0.22 * 0.14 * 7 11 0.22 * 0.14 * 2 3,200 716 455 0.22 * 0.14 EBT 3 4,800 1,007 713 0.21 0.15 427 339 0.30 0.22 11 17 0.30 0.22 3 4,800 1,445 1,069 0.30 0.22 EBR 10 M,000 249 35 0.02 0.00 20 5 0.02 0.00 0 0 0.02 0.00 10 16,000 269 40 0.02 0.00 WBL 2 3,200 123 553 0.04 0.17 48 53 0.05 0.19 0 0 0.05 0.19 2 3,200 171 606 0.05 0.19 WBT 3 4,800 539 1,628 0.11 * 0.34 * 333 386 0.18 * 0.42 * 13 12 0.18 * 0.42 * 3 4,800 885 2,026 0.18 * 0.42 WBR 10 16,000 112 205 0.01 0.01 10 45 0.01 0.02 0 0 0.01 0.02 10 16,000 122 250 0.01 0.02 NIS Critical Movements 0.30 0.40 0.42 0.47 0.42 0.47 0.42 0.47 E/W Critical Movements 0.28 0.43 0.40 0.56 0.40 0.56 0.40 0.56 Right Turn C.M. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Yellow Clearance 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ICU 0.58 0.83 0.82 1.03 0.82 1.03 0.82 1.03 LEVEL OF SERVICE A D D F D F D F 4/I8j95(IPO1CVB-'U-9 MAcroclale;Ina City of Newport Beach Intersection Capacity Utilization Analysis MacArthur Boulevard (N/S) /Bison Avenue (E/W) EXISTING WITH CUMULATIVE GROWTH, CUMULATIVE GROWTH COMMITTED PROJECTS,AND PROJECT EXISTING 1993 AND COMMITTED PROJECTS PROJECT WITH PROJECT MITIGATION V/C V/C V/C V/C MOVE- VOLUMES RATIO VOLUMES RATIO VOLUMES RATIO VOLUMES RATIO MENT IN. CAP. AM PM AM PM AM PM AM PM AM PM AM PM IN. CAP. AM PM AM PM NBL 1 1,600 192 198 0.12 0.12 * 42 13 0.15 * 0.13 * 0 0 0.15 * 0.13 * 1 1,600 234 211 0.15 * 0.13 NET 3 4,800 2,233 1,834 0.47 * 0.38 150 329 0.50 0.45 0 0 0.50 0.45 3 4,800 2,383 2,163 0.50 0.45 NBR 0 0 0 0 0.00 0.00 0 10 0.00 0.00 0 0 0.00 0.00 0 0 0 10 0.00 0.00 SBL 0 0 0 0 0.00 * 0.00 0 0 0.00 0.00 0 0 0.00 0.00 0 0 0 0 0.00 0.00 SBT 4 6,400 1,903 2,016 0.30 0.32 * 340 218 0.35 * 0.35 * 0 0 0.35 * 0.35 * 4 6,400 2,243 2,234 0.35 * 0.35 SBR 10 16,000 280 272 0.02 0.02 99 15 0.02 0.02 0 0 0.02 0.02 to 16,000 379 287 0.02 0.02 EBL 2 3,200 160 252 0.05 * 0.08 * 13 51 0.05 * 0.09 * 0 0 0.05 * 0.09 * 2 3,200 173 303 0.05 * 0.09 EBT 0 0 0 0 0.00 0.00 10 0 0.00 0.00 4 6 0.00 0.00 0 0 14 6 0.00 0.00 EBR 10 M,000 198 215 0.01 0.01 6 37 0.01 0.02 0 0 0.01 0.02 10 16,000 204 252 0.01 0.02 WBL 1 1,600 0 0 0.00 0.00 18 0 0.01 0.00 0 0 0.01 0.00 1 1,600 18 0 0.01 0.00 WET 1 1,600 0 0 0.00 * 0.00 * 10 10 0.01 * 0.01 * 4 4 0.01 * 0.01 * 1 1,600 14 14 0.01 * 0.01 WBR 1 1,600 0 0 0.00 0.00 14 0 0.01 0.00 0 0 0.01 0.00 1 1,600 14 0 0.01 0.00 NIS Critical Movements o.47 0.44 0.50 0.48 0.50 0.48 0.50 0.48 E/W Critical Movements 0.05 0.08 0.06 0.10 0.06 0.10 0.06 0.10 Right Turn C.M. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Yellow Clearance 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ICU 0.52 0.52 0.56 0.58 0.56 0.58 0.56 0.58 LEVEL OF SERVICE A A A A A A A A 41118195(IPOICUB.IZS) 1SAte4 1= City of Newport Beach Intersection Capacity Utilization Analysis MacArthur Boulevard (N/S) /San Joaquin Hills Road (E/W) EXISTING WITH CUMULATIVE GROWTH, CUMULATIVE GROWTH COMMITTED PROJECTS,AND PROJECT EXISTING 1993 AND COMMITTED PROJECTS PROJECT WITH PROJECT MITIGATION V/C V/C V/C V/C MOVE- VOLUMES RATIO VOLUMES RATIO VOLUMES RATIO VOLUMES RATIO MENT IN. CAP. AM PM AM PM AM PM AM PM AM PM AM PM IN. CAP. AM PM AM PM NBL 1 1,600 75 41 0.05 * 0.03 * 7 1 0.05 * 0.03 * 4 4 0.05 * 0.03 * 1 1,600 86 46 0.05 * 0.03 NBT 3 4,800 1,232 1,045 0.26 0.22 206 237 0.30 0.27 0 0 0.30 0.27 3 4,800 1,438 1,282 0.30 0.27 NBR 1 1,600 9 11 0.01 0.01 0 0 0.01 0.01 0 0 0.01 0.01 1 1,600 9 11 0.01 0.01 SBL 2 3,200 211 439 0.07 0.14 5 30 0.07 0.15 0 0 0.07 0.15 2 3,200 216 469 0.07 0.15 SBT 2 3,200 958 1,291 0.30 * 0.40 * 363 346 0.41 * 0.51 * 0 0 0.41 * 0.51 * 2 3,200 1,321 1,637 0.41 * 0.51 SBR 10 16,000 612 348 o.o4 0.02 162 30 0.05 0.02 0 0 0.05 0.02 10 16,000 774 378 0.05 0.02 EBL 2 3,200 81 5o4 0.03 * o.16 * 34 199 0.04 * 0.22 * 0 0 0.04 * 0.22 * 2 3,200 115 703 0.04 * 0.22 EBT 3 4,800 115 297 0.03 0.07 16 28 0.04 0.08 0 0 0.04 0.08 3 4,800 131 325 0.04 0.08 EBR 0 0 40 58 0.00 0.00 1 8 0.00 0.00 4 6 0.00 0.00 0 0 45 72 0.00 0.00 WBL 1 1,600 13 13 0.01 0.01 0 0 0.01 0.01 0 0 0.01 0.01 1 1,600 13 13 0.01 0.01 WBT 2 3,200 220 141 0.07 0.04 34 28 0.08 0.05 0 0 0.08 0.05 2 3,200 254 169 0.08 0.05 WBR 1 1,600 552 262 0.35 * 0.16 * 51 7 0.38 * 0.17 * 0 0 0.38 * 0.17 * 1 1,600 603 269 0.38 * 0.17 NIS Critical Movements 0.35 0.43 0.46 0.54 0.46 0.54 0.46 0.54 E/W Critical Movements 0.38 0.32 0.42 0.39 o.42 0.39 0.42 0.39 Right Turn C.M. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Yellow Clearance 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ICU 0.73 0.75 0.88 0.93 0.88 0.93 0.88 0.93 LEVEL OF SERVICE C C D E D E D E 4118,95(7POICUE A7-9 • MAssocfates,Ina • APPENDIX C • INTERSECTION CAPACITY • UTILIZATION ANALYSIS WORKSHEETS • GENERAL PLAN ANALYSIS • • • • • • • • • • • • • • • • • • • • • • • • 04/25/95(I:\CNB501\TRAPFIC.RP-1) • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • ISAAssoda[eg l= City of Newport Beach Intersection Capacity Utilization Analysis Jamboree Road (NUS) /Bristol St. North (E/W) GENERAL PLAN WITH PROJECT GENERAL PLAN(NO PROJECT) PROJECT GENERAL PLAN WITH PROJECT WITH MITIGATION V/C VOLUMES V/C V/C MOVE- VOLUMES RATIO VOLUMES RATIO VOLUMES RATIO MENT IN. CAP. AM PM AM PM AM PM AM PM AM PM IN. CAP. AM PM AM PM NBL 2 3,200 2,050 1,220 0.64 * 0.38 * 20 20 2,070 1,240 0.65 * 0.39 * 2 3,200 2,070 1,240 0.65 * 0.39 NBT 3 4,800 1,730 2,500 0.36 0.52 20 50 1,750 2,550 0.36 0.53 3 4,800 1,750 2,550 0.36 0.53 NBR 0 0 0 0 0.00 0.00 0 0 0 0 0.00 0.00 0 0 0 0 0.00 0.00 SBL 0 0 0 0 0.00 0.00 0 0 0 0 0,00 0.00 0 0 0 0 0.00 0.00 SBT 4 6,400 570 1,550 0.14 * 0.40 * 20 20 590 1,570 0.14 * 0.41 * 4 6,400 590 1,570 0.14 * 0.41 SBR 0 0 330 1,030 0.00 0.00 0 0 330 1,030 0.00 0.00 0 0 330 1,030 0.00 0.00 EBL 0 0 0 0 0.00 * 0.00 * 0 0 0 0 0.00 * 0.00 * 0 0 0 0 0.00 * 0.00 EBT 0 0 0 0 0.00 0.00 0 0 0 0 0.00 0.00 0 0 0 0 0.00 0.00 EBR 0 0 0 0 0.00 0.00 0 0 0 0 0.00 0.00 0 0 0 0 0.00 0.00 WBL 0 0 0 0 0.00 0.00 0 0 0 0 0.00 0.00 0 0 0 0 0.00 0.00 WBT 2 3,200 920 980 0.29 * 0.31 * 0 0 920 980 0.29 * 0.31 * 3 4,800 920 980 0.19 * 0.20 WBR 1 1,600 1,060 310 0.66 0.19 0 0 1,060 310 0.66 0.19 1 1,600 1,060 310 0.66 0.19 NIS Critical Movements 0.78 0.78 0.79 0.80 0.79 0.80 E/W Critical Movements 0.29 0.31 0.29 0.31 0.19 0.20 Right Turn C.M. 0.00 0.00 0.00 0.00 0.00 0.00 Yellow Clearance 0.00 0.00 0.00 0.00 0.00 0.00 ICU 1.07 1.09 1.08 1.11 0.98 1.00 LEVEL OF SERVICE F F F F E E 424N5(GPICUAXLS) • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • MAssodateS Ina City of Newport Beach Intersection Capacity Utilization Analysis Jamboree Road 0") /Bristol Street (E/W) GENERAL PLAN WITH PROJECT GENERAL PLAN(NO PROJECT) PROJECT GENERAL PLAN WITH PROJECT WITH MITIGATION V/C VOLUMES V/C V/C MOVE- VOLUMES RATIO VOLUMES RATIO VOLUMES RATIO MENT IN. CAP. AM PM AM PM AM PM AM PM AM PM IN. CAP. AM PM AM PM NBL 0 0 0 0 0.00 0.00 * 0 0 0 0 0.00 0.00 * 0 0 0 0 0.00 0.00 * NBT 5 8,000 2,360 1,190 0.30 * 0.15 50 60 2,410 1,250 0.30 * 0.16 5 8,000 2,410 1,250 0.30 * 0.16 NBR 0 0 10 10 0.00 0.00 0 10 10 20 0.00 0.00 0 0 10 20 0.00 0.00 SBL 0 0 10 0 0.00 * 0.00 0 0 10 0 0.00 * 0.00 0 0 10 0 0.00 * 0.00 SBT 3 4,800 720 2,140 0.15 0.45 * 20 30 740 2,170 0.16 0.45 * 3 4,800 740 2,170 0.16 0.45 * SBR 0 0 0 0 0.00 0.00 0 0 0 0 0.00 0.00 0 0 0 0 0.00 0.00 EBL 0 0 750 720 0.00 0.00 0 10 750 730 0.00 0.00 0 0 750 730 0.00 0.00 EBT 2 3,200 480 1,810 0.38 * 0.79 * 0 0 480 1,810 0.38 * 0.79 * 2 3,200 480 1,810 0.38 * 0.79 * EBR 2 3,200 1,420 1,010 0.44 0.32 0 10 1,420 1,020 0.44 0.32 2 3,200 1,420 1,020 0.44 0.32 WBL 0 0 0 0 0.00 * 0.00 * 0 0 0 0 0.00 * 0.00 * 0 0 0 0 0.00 * 0.00 * WBT 0 0 0 0 0.00 0.00 0 0 0 0 0.00 0.00 0 0 0 0 0.00 0.00 WBR 0 0 0 0 0.00 0.00 0 0 0 0 0.00 0.00 0 0 0 0 0.00 0.00 NIS Critical Movements 0.30 0.45 0.30 0.45 0.30 0.45 E/W Critical Movements 0.38 0.79 0.38 0.79 0.38 0.79 Right Turn C.M. 0.00 0.00 0.00 0.00 0.00 0.00 Yellow Clearance 0.00 0.00 0.00 0.00 0.00 0.00 ICU 0.68 1.24 0.68 1.24 0.68 1.24 LEVEL OF SERVICE B F B F B F 4118195(GPICUA-Mg , • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • MA.smdate4 Ina City of Newport Beach Intersection Capacity Utilization Analysis Jamboree Road (N/S) /Bayview Way (E/W) GENERAL PLAN WITH PROJECT GENERAL PLAN(NO PROJECT) PROJECT GENERAL PLAN WITH PROJECT WITH MITIGATION V/C VOLUMES V/C V/C MOVE- VOLUMES -RATIO VOLUMES RATIO VOLUMES RATIO MENT IN. CAP. AM PM AM PM AM PM AM PM AM PM IN. CAP. AM PM AM PM NBL 1 1,600 90 50 0.06 0.03 * 0 0 90 50 0.06 0.03 * 1 1,600 90 50 0.06 0.03 * NBT 4 6,400 1,890 870 0.30 * 0.14 0 0 1,890 870 0.30 * 0.14 4 6,400 1,890 870 0.30 * 0.14 NBR 1 1,600 90 10 0.06 0.01 10 10 100 20 0.06 0.01 1 1,600 too 20 0.06 0.01 SBL 1 1,600 430 250 0.27 * 0.16 30 30 460 280 0.29 * 0.18 1 1,600 460 280 0.29 * 0.18 SBT 4 6,400 900 3,380 0.14 0.53 * 0 0 900 3,380 0.14 0.53 * 4 6,400 900 3,380 0.14 0.53 * SBR 1 1,600 50 20 0.03 0.01 0 0 50 20 0.03 0.01 1 1,600 50 20 0.03 0.01 EBL 1 1,600 50 200 0.03 * 0.13 * 0 0 50 200 0.03 * 0.13 * 1 1,600 50 200 0.03 * 0.13 * EDT 1 1,600 70 230 0.04 0.14 0 0 70 230 0.04 0.14 1 1,600 70 230 0.04 0.14 EBR 1 1,600 40 140 0.03 0.09 0 0 40 140 0.03 0.09 1 1,600 40 140 0.03 0.09 WBL 2 3,200 320 450 0.10 0.14 0 0 320 450 0.10 0.14 2 3,200 320 450 0.10 0.14 WRY 1 1,600 70 20 0.19 * 0.17 * 0 0 70 20 0.21 * 0.21 * 1 1,600 70 20 0.21 * 0.21 * WBR 0 0 230 250 0.00 0.00 40 70 270 320 0.00 0.00 0 0 270 320 0.00 0.00 NIS Critical Movements 0.57 0.56 0.59 0.56 0.59 0.56 E/W Critical Movements 0.22 0.30 0.24 0.34 0.24 0.34 Right Turn C.M. 0.00 0.00 0.00 0.00 0.00 0.00 Yellow Clearance 0.00 0.00 0.00 0.00 0.00 0.00 ICU 0.79 0.86 0.83 0.90 0.83 0.90 LEVEL OF SERVICE C D D D D D 4/18195(GPICUAM-S) • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • MAssociates,Inc City of Newport Beach Intersection Capacity Utilization Analysis Jamboree Road (N/S) /Bison Avenue (E/W) GENERAL PLAN WITH PROJECT GENERAL PLAN(NO PROJECT) PROJECT GENERAL PLAN WITH PROJECT WITH MITIGATION V/C VOLUMES V/C V/C MOVE- VOLUMES RATIO VOLUMES RATIO VOLUMES RATIO MENT IN. CAP. AM PM AM PM AM PM AM PM AM PM LN. CAP. AM PM AM PM NBL 1 1,600 20 30 0.01 0.02 0 0 20 30 0.01 0.02 1 1,600 20 30 0.01 0.02 NET 4 6,400 2,260 1,970 0.39 * 0.33 * 0 0 2,260 1,970 0.39 * 0.33 * 4 6,400 2,260 1,970 0.39 * 0.33 NBR 0 0 210 170 0.00 0.00 0 0 210 170 0.00 0.00 0 0 210 170 0.00 0.00 SBL 2 3,200 160 630 0.05 * 0.20 * 0 0 160 630 0.05 * 0.20 * 2 3,200 160 630 0.05 * 0.20 SBT 3 4,800 •1,630 2,200 0.34 0.46 0 0 1,630 2,200 0.34 0.46 3 4,800 1,630 2,200 0.34 0.46 SBR 1 1,600 30 70 0.02 0.04 0 0 30 70 0.02 0.04 1 1,600 30 70 0.02 0.04 EBL 0 0 70 30 0.00 0.00 0 0 70 30 0.00 0.00 0 0 70 30 0.00 0.00 EBT 1 1,600 60 40 0.08 * 0.04 * 0 0 60 40 0.08 * 0.04 * 1 1,600 60 40 0.08 * 0.04 EBR 10 16,000 30 10 0.00 0.00 0 0 30 10 0.00 0.00 10 16,000 30 10 0.00 0.00 WBL 1 1,600 190 360 0.12 * 0.23 * 0 0 190 360 0.12 * 0.23 * 1 1,600 190 360 0.12 * 0.23 WBT 1 1,600 50 80 0.03 0.05 0 0 50 80 0.03 0.05 1 1,600 50 80 0.03 0.05 WBR 2 3,200 580 150 0.18 0.05 10 0 590 150 0.18 0.05 2 3,200 590 150 0.18 0.05 NIS Critical Movements o.44 0.53 0.44 0.53 0.44 0.53 E/W Critical Movements 0.20 0.27 0.20 0.27 0.20 0.27 Right Turn C.M. 0.00 0.00 0.00 0.00 0.00 0.00 Yellow Clearance 0.00 0.00 0.00 0.00 0.00 0.00 ICU o.64 0.80 0.64 0.80 0.64 0.80 LEVEL OF SERVICE B C B C B C 4118,95(cPrct AMS) • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • MAaoctates,Inc City of Newport Beach Intersection Capacity Utilization Analysis Jamboree Road (N/S) /Eastbluff-Ford Road (E/W) GENERAL PLAN WITH PROJECT GENERAL PLAN (NO PROJECT) PROJECT GENERAL PLAN WITH PROJECT WITH MITIGATION V/C VOLUMES V/C V/C MOVE- VOLUMES RATIO VOLUMES RATIO VOLUMES RATIO MENT IN. CAP. AM PM AM PM AM PM AM PM AM PM IN. CAP. AM PM AM PM NBL 2 3,200 190 360 0.06 * 0.11 0 10 190 370 0.06 * 0.12 2 3,200 190 370 0.06 * 0.12 NBT 3 4,800 1,610 2,430 0.34 0.60 * 0 0 1,610 2,430 0.34 0.60 * 3 4,800 1,610 2,430 0.34 0.60 * NBR 0 0 10 460 0.00 0.00 0 0 10 460 0.00 0.00 0 0 10 460 0.00 0.00 SBL 1 1,600 20 170 0.01 0.11 * 0 0 20 170 0.01 0.11 * 1 1,600 20 170 0.01 0.11 * SBT 3 4,800 2,120 1,740 0.44 * 0.36 0 0 2,120 1,740 0.44 * 0.36 3 4,800 2,120 1,740 0.44 * 0.36 SBR 1 1,600 10 80 0.01 0.05 0 0 10 80 0.01 0.05 1 1,600 10 80 0.01 0.05 EBL 1 1,600 190 50 0.12 0.03 10 0 200 50 0.13 0.03 1 1,600 200 50 0.13 0.03 EBT 1 1,600 100 290 0.06 0.18 * 0 0 100 290 0.06 0.18 * 1 1,600 100 290 0.06 0.18 * ERR 1 1,600 330 250 0.21 * 0.16 0 0 330 250 0.21 * o.16 1 1,600 330 250 0.21 * 0.16 WBL 0 0 140 160 0.00 0.00 0 0 140 160 0.00 0.00 0 0 140 160 0.00 0.00 WBT 3 4,800 570 110 0.15 * 0.06 * 0 0 570 110 0.15 * 0.06 * 3 4,800 570 110 0.15 * 0.06 * WBR 1 1,600 210 20 0.13 0.01 0 0 210 20 0.13 0.01 1 1,6o0 210 20 0.13 0.01 NIS Critical Movements 0.50 0.71 0.50 0.71 0.50 0.71 E/W Critical Movements 0.36 0.24 0.36 0.24 0.36 0.24 Right Turn C.M. 0.00 0.00 0.00 0.00 0.00 0.00 Yellow Clearance 0.00 0.00 0.00 0.00 0.00 0.00 ICU 0.86 0.95 0.86 0.95 0.86 0.95 LEVEL OF SERVICE D E D E D E 411819.5(GPICUAM9 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • MAs dates,Inc City of Newport Beach Intersection Capacity Utilization Analysis MacArthur Boulevard (NIS) /Jamboree Road (E/W) GENERAL PLAN WITH PROJECT GENERAL PLAN(NO PROJECT) PROJECT GENERAL PLAN WITH PROJECT WITH MITIGATION( V/C VOLUMES V/C V/C MOVE- VOLUMES RATIO VOLUMES RATIO VOLUMES RATIO MENT LN. CAP. AM PM AM PM AM PM AM PM AM PM IN. CAP. AM PM AM PM NBL 1 1,600 160 520 0.10 0.33 * 0 0 160 520 0.10 0.33 * 1 1,600 160 520 0.10 0.33 NBT 3 4,800 1,250 460 0.28 * 0.11 0 0 1,250 460 0.28 * 0.11 3 4,800 1,250 460 0.28 * 0.11 NBR 0 0 70 _ 90 0.00 0.00 0 0 70 90 0.00 0.00 0 0 70 90 0.00 0.00 SBL 1 1,600 50 340 0.03 * 0.21 0 0 50 340 0.03 * 0.21 1 1,600 50 340 0.03 * 0.21 SBT 3 4,800 460 1,480 0.10 0.31 * 0 10 46o 1,490 0.10 0.31 * 3 4,800 460 1,490 0.10 0.31 * SBR 10 16,000 190 750 0.01 0.05 10 20 200 770 0.01 0.05 10 16,000 200 770 0.01 0.05 EBL 2 3,200 1,470 610 0.46 * 0.19 10 30 1,480 640 0.46 * 0.20 2 3,200 1,480 640 0.46 * 0.20 EBT 3 4,800 1,280 1,000 0.27 0.21 * 20 20 1,300 1,020 0.27 0.21 * 3 4,800 1,300 1,020 0.27 0.21 * EBR 10 16,00o ilo 10 0.01 0.00 0 0 110 10 0.01 0.00 10 16,000 no 10 0.01 0.00 WBL 2 3,200 70 760 0.02 0.24 * 0 0 70 760 0.02 0.24 * 2 3,200 70 760 0.02 0.24 * WBT 3 4,800 490 1,070 0.10 * 0.22 10 10 500 1,080 0.10 * 0.23 3 4,800 500 1,080 0.10 * 0.23 WBR 10 16,000 300 50 0.02 0.00 10 0 310 50 0.02 0.00 l0 16,000 310 50 0.02 0.00 NIS Critical Movements 0.31 0.64 0.31 0.64 0.31 0.64 E/W Critical Movements 0.56 0.45 0.56 0.45 0.56 0.45 Right Turn C.M. 0.00 0.00 0.00 0.00 0.00 0.00 Yellow Clearance 0.00 0.00 0.00 0.00 0.00 0.00 ICU 0.87 1.09 0.87 1.09 0.87 1.09 LEVEL OF SERVICE D F D F D F 4118195(GPICUB-aq