HomeMy WebLinkAbout2020-71 - Certifying the Second Addendum No. ER2020-001 to the Uptown Newport Environmental Impact Report (SCH No. 2010051094) Modifying Mitigation Measures and Approving a Mitigation Monitoring and Reporting Program for the Uptown Newport Planned CommuniRESOLUTION NO. 2020-71
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, CERTIFYING THE
SECOND ADDENDUM NO. ER2020-001 TO THE
UPTOWN NEWPORT ENVIRONMENTAL IMPACT
REPORT (SCH NO. 2010051094) MODIFYING
MITIGATION MEASURES AND APPROVING A
MITIGATION MONITORING AND REPORTING
PROGRAM FOR THE UPTOWN NEWPORT PLANNED
COMMUNITY PROJECT LOCATED AT 4311-4321
JAMBOREE ROAD (PA2020-003)
WHEREAS, an application was filed by TSG -Parcel 1, LLC ("Applicant") with
respect to property located at 4311 through 4321 Jamboree Road, and described as
Assessor's Parcel Nos. 445-134-01 through 445-134-33, 445-133-07 and 445-133-08
("Property");
WHEREAS, on February 26, 2013, the City Council approved the Uptown Newport
Planned Community which consists of a mixed-use planned community of up to 1,244
residential units, 11,500 square feet of neighborhood -serving retail space, and two one -
acre public parks to be developed in two phases ("Project"), -
WHEREAS, additionally, the City Council adopted Resolution No. 2013-21
certifying Environmental Impact Report ER2012-001 (SCH No. 2010051094) ("EIR") and
approving a Mitigation Monitoring and Reporting Program ("MMRP") that was prepared
in compliance with the California Environmental Quality Act as set forth in the California
Public Resources Code Section 21000 et seq. ("CEQA") and its implementing State
regulations as set forth in Title 14, Division 6, Chapter 3 of the California Code of
Regulations ("CEQA Guidelines") and City Council Policy K-3 for the Uptown Newport
Planned Community;
WHEREAS, on March 23, 2017, the Planning Commission adopted Resolution No.
2052 approving an Addendum to the EIR ("Addendum No. 1 ") and amendment to Master
Site Development Review No. SD2017-001 to allow alternative locations and phasing of
the commercial component of the Project;
WHEREAS, Addendum No. 1 evaluated the Project, as modified, and determined
that no new environmental impacts and no impacts of greater severity would result from
approval and implementation of the Project, as modified, pursuant to Section 21166 of
CF_QA and Section 15162 of the CEQA Guidelines;
Resolution No. 2020-71
Page 2 of 5
WHEREAS, the EIR included a comprehensive review of regulatory requirements
for hazardous materials and identified five extremely hazardous substances that are used
by TowerJazz Semiconductor Facility ("TowerJazz") and stored on the Property. The EIR
disclosed and evaluated the potential for these five substances to impact surrounding
uses or the Phase 1 residential use of the Project. An "off-site consequence assessment"
was prepared to evaluate the potential risks, and only one of the substances, anhydrous
ammonia, posed a health risk. Mitigation measures in the EIR included installation of a
new replacement ammonia tank at a minimum of 200 feet from the nearest existing or
proposed residential structure with mitigation safeguards in order to reduce the potential
impacts to a level that is less than significant;
WHEREAS, the existing anhydrous ammonia tank is still being utilized by
TowerJazz, and no residential structures have been constructed within 200 feet of the
tank in compliance with the mitigation monitoring and reporting program, however,
TowerJazz has expressed concerns that conversion to a new tank would entail a complex
qualification process that could disrupt their manufacturing operations,
WHEREAS, therefore, a modified mitigation measure has been proposed as an
alternative solution such that instead of a new replacement tank, plans have been
developed to enclose the existing, 2,230 -gallon, above -ground, pressurized, anhydrous
ammonia tank by constructing a room/enclosure around it inside its current building
("Modified Mitigation Measure");
WHEREAS, the ammonia tank would still be removed as part of Phase 2
demolition of the TowerJazz facility;
WHEREAS, a revised ammonia risk analysis for the existing ammonia tank at
TowerJazz and an Offsite Consequence Analysis Technical Review Report were
prepared based on the updated plans to construct the ammonia tank enclosure/room as
provided in Appendix A of the Second Addendum No. ER2020-001 to model the potential
impact to the proposed adjacent Uptown Newport residential development in the event of
a release from the existing anhydrous ammonia tank and to review the Modified Mitigation
Measure;
WHEREAS, the Fire Marshal of the City of Newport Beach has reviewed the
revised off-site consequence assessment provided in Appendix A to the Second
Addendum No. ER2020-001 and found the Modified Mitigation Measure to be acceptable
with incorporation of the recommended conditions identified therein;
WHEREAS, the required standard conditions and design features have been
identified and restated in the Second Addendum No. ER2020-001 as appropriate;
Resolution No. 2020-71
Page 3 of 5
WHEREAS, the Modified Mitigation Measure would reduce the potential release
of ammonia in the event of a malfunction or failure of the ammonia tank, and ultimately
reduce potential exposure from such a release to TowerJazz employees and contractors,
adjacent commercial users, and existing and future residents within the Property;
WHEREAS, two additional non -substantive changes are proposed to clarify and
refine Mitigation Measures 7-3 and 7-4;
WHEREAS, according to Section 21166 of CEQA and Section 15162 of the CEQA
Guidelines, when an EIR has been certified for a project, no subsequent EIR is required
unless: 1) substantial changes to the project are proposed which will require major
revisions to the EIR; 2) substantial changes occur with respect to the circumstances under
which the project is being undertaken which will require major revisions to the EIR; and/or
3) new information, which was not known and could not have been known at the time the
EIR was certified becomes available which would result in new or more severe
environmental impacts than previously addressed in the EIR;
WHEREAS, the Modified Mitigation Measure and clarifications to Mitigation
Measures 7-3 and 7-4 do not meet the aforementioned conditions because the Modified
Mitigation Measure is limited to a revised design and refined mitigation for the anhydrous
ammonia tank on-site. Pursuant to Section 15162 and 15164 the following facts support
the adoption of the Second Addendum No. ER2020-001:
a. There have been no substantial project changes that would require major
revisions to the previous EIR due the involvement of new significant
environmental effects. The proposed change is limited to one mitigation
measure and would not constitute a substantial project change;
b. The proposed change will not result in a substantial increase in the severity of
any previously identified environmental impacts. The potential impacts
associated with this modified project would either be the same or less than
those described in the EIR;
c. There are no substantial changes to the circumstances under which the project
would be undertaken that would result in new or more severe environmental
impacts than previously addressed in the EIR;
Resolution No. 2020-71
Page 4 of 5
d. Since the certification of EIR in 2013, no new information of substantial
importance has become available that was not known and that could not have
been known with the exercise of reasonable diligence at the time of adoption.
Thus, no new information indicates that mitigation measures or alternatives
previously found not to be feasible would in fact be feasible and would
substantially reduce one of more significant effects of the project, but the
project proponent or City decline to adopt the mitigation measures or
alternatives; or mitigation measures or alternatives that are considerably
different from those analyzed in the certified EIR would substantially reduce
one or more significant effects on the environmental but the project proponent
declines to adopt the mitigation or alternative; and
e. The proposed change would not result in any new or more severe significant
impacts which are individually limited, but cumulatively considerable, when
viewed in connection with planned or proposed development in the immediate
vicinity;
WHEREAS, in accordance with Section 15164 of the CEQA Guidelines, the
Second Addendum No. ER2020-001 is the appropriate environmental documentation;
and
WHEREAS, a public meeting was held by the City Council on July 28, 2020, in the
Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice
of time, place and purpose of the public meeting was given in accordance with the Ralph
M. Brown Act and by providing written notice to the adjacent properties. Evidence, both
written and oral, was presented to, and considered by, the City Council at this public
meeting.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council hereby certifies the Second Addendum No. ER2020-
001 (SCH No. 2010051094) including technical appendix, which is attached here to as
Exhibit "A" and incorporated herein by reference and the revised MMRP which is attached
here to as Exhibit "B" and incorporated herein by reference. EIR Addendum No. ER2020-
001 consists of the EIR Addendum and Technical Appendix.
Section 2: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Resolution No. 2020-71
Page 5 of 5
Section 3: If any section, subsection, sentence, clause or phrase of this resolution
is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the
validity or constitutionality of the remaining portions of this resolution. The City Council
hereby declares that it would have passed this resolution, and each section, subsection,
sentence, clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Section 4: The City Council finds that judicial challenges to the City's CEQA
determinations and approvals of land use projects are costly and time consuming. In
addition, project opponents often seek an award of attorneys' fees in such challenges. As
project applicants are the primary beneficiaries of such approvals, it is appropriate that
such applicants should bear the expense of defending against any such judicial
challenge, and bear the responsibility for any costs, attorneys' fees, and damages which
may be awarded to a successful challenger.
Section 5: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 28th day of July, 2020.
ATTEST:
a-
Leilani
I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
WAaron C. arp
City Atte ey
_Z'e,_� 141,
Bra Avery
Mayor Pro Tem
Attachments.-
A.
ttachments:A. Uptown Newport EIR Addendum (PlaceWorks Inc., 2020)
B. Revised MMRP (PlaceWorks Inc., 2020)
EXHIBITA
July 2020 1 2nd Addendum to the Uptown Newport EIR
SCH No. 2010051094
UPTOWN NEWPORT ANHYDROUS
AMMONIA TANK ENCLOSURE
City of Newport Beach
Prepared for:
City of Newport Beach
Contact: Liz Westmoreland, Associate Planner
Community Development Department
100 Civic Center Drive
Newport Beach, California 92660
949.644.3234
Prepared by:
PlaceWorks
Contact: JoAnn Hadfield, Principal
3 MacArthur Place, Suite 1100
Santa Ana, California 92707
714.966.9220
info@placeworks.com
www.placeworks.com
Q PLACEWORKS
2ND ADDENDUM roTHE upmww ws*ponrcm
CITY orNEWPORT BEACH
Table of Contents
Section Page
1.
| --'---________________________________________________I
|./ P[DP0SE0FTBlS �kDDExD[\{................................................................................................................ 1
12 pNv[K0N/45Nl}J'DOC .................................................................................................. 3
/.» CONTENT AND ORGANIZATION 0pTHIS ADD6NDC\{....................................................... .....
3
2'
ENVIRONMENTAL SETTING .........................................................................................................
5
2.1 PROJECT LOCATION .......................................................................................................................................
j
12 ENvlK0MMENT/J'SETTING .......................................................................................................................
5
3.
PROJECT DESCRIPTION .............................................................................................................
13
».| APPROVED PROJECT .....................................................................................................................................
8
3.2 \,I0DlFI8DPD0JECT_'-----------'—__'----'_--------'--------_—.|v
»J DISCRETIONARY APPROVALS REQUIRED ..........................................................................................
Zo
4'
ENVIRONMENTAL CHECKLIST ..................................................................................................
2G
4.1 BACKGROUND
)5
4.2 ENvlKON}DENT/J'FACTORS POTENTIALLY AFFECTED ...........................................................
2o
4] DETERMINATION (TO D6(-0.'vlPLETEDDYTHE LEAD mG2N[Y).... ....................................
zu
4.4 6V..-\lD/O'[0N0F6M."[D0NIMENTAL I-M9A[TS................................................................................
27
5.
ENVIRONMENTAL ANALYSIS .....................................................................................................
29
5.1 ENVIRON -MENTAL FACTORS NOTAFpECTFDBYTBE.M0DD,[GDPD()JK[T..................
Zv
5.2 E-',�V[DDN\{ENT.,-\].FACTORS POTENTIALLY AFFECTED DYTHE MODIFIED PROJECT
—'-------------------'----------------------------------ao
5.3 NEnVT0PKCSUNDER THE-�z0/8UPDATED CCQ-\GUIDELINES ..............................................
5a
5.4 \,uND/Jl)KYF[ND[NGSn[SICIl/FI[A\[F....................................................................................
jo
6.
LIST OFPREPARERS ..................................................................................................................
5S
APPENDICES
A. Uprown Newport Risk Analysis for [xis6^g Amm'"ixTxuk
R6. :)0)0 Iage i
2xo^ooeooumroTHE UPTOWN NEWPORT sm
CITY oFNEWPORT BEACH
Table of Contents
List of Figures
Figmre Page
Figure| Regional Location ................................................................................................................................. -
Figure2 Locu\iciu'LN7............................................. —......................................................................................... Y
Figure } Aerial Photograph ----------------------------------------||
Figure Approved Site Plan and Phasing Plan ............................................................................................. |5
Figure4A iMkJi6cdProject Site Plan ............................... ................................................................................. |7,
F�u,e j Site Luvovrand AoonomalaukLocation ...................................................................................... 2|
Figure 6 Proposed Room Enclosure —Anh.%PJu`vsAo`ov`ni^Tank .......................................................... 2]
19
List mrTables
Table Page
Table Approved Project Land Use 6uozmun'............................................................................................ D
2ND ADDENDUM TO THE UPTOWN NEWPORT EIR
CITY OF NEWPORT BEACH
Abbreviations and Acronyms
AAQS
ambient air quality standards
AB
Assembly Bill
AELUP
airport environs land use plan
afG
acre-feet per vear
_1LUC,
airport land use commission
AQNIP
air quality management plan
BMP
best management practices
CAL FIRR
California Department of I`orestry and Fire Protection
C -M -Green
California Green Building Standards Code
CARB
California Air Resources Board
CEQA
California Environmental Quality Act
cfs
cubic feet per second
CNEL,
Community Noise F:guivalent Level
CO,e
carbon dioxide equivalent
dBA
A -weighted decibel
du
dwelling units
EIR
environmental impact report
EPA
F?nvironmental Protection Agency (CS)
ESA
environmental site assessment
FAA
Federal Aviation Administration
GF IG
greenhouse gases
GPA
general plan amendment
ITE
Institute of Transportation F:nguieers
J%VA
John Wayne Airport
Lf ED
Leadership in Lnergy and Frivironmcntal Design
LOS
level of service
LRA
local responsibility area
LST
localized significance thresholds
L,
equivalent continuous noisy level
:MS-Imunicipal
separate storm sewer system
.14T
metric ton
NBF'D
Newport Beach fire Department
NBPD
Newport Beach Police Department
/nh '020 1'74:' iii
2ND ADDENDUM TO THE UPTOWN NEWPORT EIR
CITY OF NEWPORT BEACH
Abbreviations and Acronyms
NPDLS
National Pollution Discharge Ulinunation System
00LN
Orange County Museum of Art
PCDP
Planned Community Development Plan
ppd
pounds per day
PPV
peak particle velocity
RHNA
reinonal housing needs assessment
RPS
Renewable Portfolio Standard
R.rn/SCS
regional transportation plan / sustainable communities strategy
SB
Senate Bill
SCAG
Southern California Association of Governments
SC_\QNlD
South Coast Air Quality Management District
SCE
Southern California Edison
SoCAB
South Coast Air Basin
SoCal Gas
Southern California Gas Company
SR.\
state responsibility area
S\X-PPP
Stormwater Pollution Prevention Plan
T% -[Dl.
total maximum dailv load
'FPO
Traffic Phasing Ordinance
VNI1
vehicle miles traveled
VOC
volatile organic compound
WQ1VIP
water yualin- management plan
R(q it
P1,16:'I! i�rw;r
1. Introduction
This document is the 2nd Addendum to the previously certified Uptown Newport E:nvironniental Impact
Report (State Clearinghouse No. 20 1005 109 1) for the approved Uptown Newport project (Approved Project).
It serves as the environmental review for new modifications to the Uptown Newport project (Modified Project)
related to the existing anhydrous ammonia tank. 'Chis 2nd Addendum has been prepared as required pursuant
to the California Environmental Quality Act (CI QA) (Public Resources Code Section 21000 et seq.) and the
State CEQA Guidelines. The C:IR was prepared to address the environmental impacts associated with the
Approved Project and was certified by the Newport Beach City Council on February 26, 2013. The Ist
Addendum to the certified EIR was prepared to address relocation of the 11,500 square feet (SL) of retail
space within the project site. Approved in March 201', that Addendum addressed both the redistribution of
the retail widiin the project site and alternate phasing for the retail use development. The analysis concluded
that no changes to mitigation measures were required.
Pursuant to the provisions of CF.QA and the State CEQA Guidelines, the City of Newport Keach is the lead
agenc% with the responsibility of deciding whether or not to approve ncc requested action. This Addendum
addresses minor changes to the Approved Project.
1.1 PURPOSE OF THIS ADDENDUM
1.1.1 CEQA Requirements
According to Section 21166 of C1 --.QA and Section 1516'_ of the State CLQ_\ Guidelines, when an EIR has
been cerrified or a negative declaration adopred for a project, no subsequent EIR or negative declaration shall
be prepared for the project unless the lead agency determines that one or more of the following conditions arc
met:
1. Substantial project changes are proposed that will require major revisions of the previous IIR or negative
declaration due to the involvement of new significant environmental effects or a substantial increase in the
severity of previously identified significant effects.
?. Substantial changes would occur with respect to the circumstances under which the project is undertaken
chat require major revisions to the previous L:IR or negative declaration due to the involvement of ne,,v
si> nificant environmental effects or a substantial increase in the severity of previously identified significant
effects.
i. Nc%v information of substantial importance that was not known and could not have been known with the
exercise of reasonable diligence at the time rhe previous 1-:1R was certified or rhe negative declaration was
adopted shows any of die following:
(tell 2020 1 l"y 1
2ND ADDENDUM TO THE UPTOWN NEWPORT EIR
CITY OF NEWPORT BEACH
1. Introduction
a. The project will have one or more significant effects not discussed in the previous EIR or negative
declaration.
b. Significant effects previously examined will be substantially more severe than identified in the previous
EIR.
c. Mitigation measures or alternatives preciously found not to be feasible would in fact be feasible, and
would substantially reduce one or more significant effects of the project, but the project proponent
declines to adopt the mitigation measures or alternatives.
d. i itigation measures or alternatives that are considerably different from those analyzed in the previous
EIR would substantially reduce one or more significant effects on the environment, but the project
proponent declines to adopt the mitigation measures or alternatives.
Preparation of an Addendum to an EIR is appropriate when none of the conditions specified in Section 15162
(above) are present and some changes or additions to the previously certified EIR are necessary.
After careful consideration of the potential environmental impacts of the Modified Project, together with the
EIR, the City of Newport Beach, as lead agency, has determined that none of the conditions requiring
preparation of a subsequent or supplement to an EIR have occurred. The modifications to the Approved
Project arc limited to a revised design and refined nutigation for the anhydrous ammonia tank on-site; would
not have any reasonably foreseeable environmental consequences beyond that analyzed in the EIR; and do not
change the conclusions of the EIR, involve new significant effects or substantial]v increase the severity of
previously identified significant effects. Moreover, the mitigation measures (refined as appropriate) would
adequately mitigate the Modified Project. The City, therefore, has determined that the circumstances described
in CEQA Guidelines Section 15164 apply to the iilodified Project, and a 2nd :kddendum to the 2013 EIR is
appropriate.
Since certification of the EIR as addended, CEQA Guidelines Appendix G has been revised to include specific
sections on wildfire and energy. This Addendum includes these topical sections (see Section 1.1.3, CEQ,I
Check isl (_ pMxe). 'These additional analyses are appropriate for inclusion in the Addendum, but none result m
new or increased significant impacts that would require preparation of a subsequent or supplement to the EIR
pursuant to Section 17162 of the CEQA Guidelines.
1,1.2 Scope of Subsequent Analysis
The scope of the review for project -related impacts for this Addendum is limited to changes between the
Approved Project and Modified Project. The 2013 EIR as addended and its approved mitigation effectively
serve as the baseline for the environmental impact analysis of the Modified Project.:\s required by CI{QA, this
Addendum also addresses changes in circumstances or new intormation that would potentially require major
revisions of the F:IR by potentially involving new environmental impacts.
Additionally, this Addendum is the primary reference document for the formulation and implementation of a
mitigation monitoring and reporting plan for the Modified Project. AN applicable measures from the nutigauon
Page 2 Plarz l f;` u)rks
2ND ADDENDUM TO THE UPTOWN NEWPORT EIR
CITY OF NEWPORT BEACH
1. Introduction
monitoring program approved in the 2013 EIR and refined in this Addendum have been incorporated into this
document. This document is intended to provide sufficient information to allow the City of Newport Beach
and any other permitting agencies to evaluate the potential impacts from construction and operation of the
Modified Project.
1.1.3 CEQA Checklist Update
On December 28, 2018, the State of California Office of Administrative Law approved updated CEQA
Guidelines to be implemented as of January 1, 2019. The updated guidelines include an update to the
Appendix G Checklist, which is used as the basis for topical environmental review by the City of Newport
Beach. This Addendum has been prepared to fully address the requirements of the updated guidelines. It
follows the updated Appendix G checklist and provides explanations, as necessary, to the conclusions of the
2013 LIR.
1.2 ENVIRONMENTAL DOCUMENTATION
This Addendum relies on the environmental analysis in the 2013 EIR as addended. The public review period
for the EIR was from September 10, 2012, to October 24, 2012. The Newport Beach City Council certified the
EIR on February 26, 2013. A Notice of Determination was filed with both the Orange County Cleric's Office
and the State Clearinghouse. The 1st Addendum to the Uptown Newport EIR (related to
relocating/ redistributing 11,500 SF retail uses within the project site) was approved by the Planning
Commission at its public hearing on March 23, 201 '.
This Addendum incorporates by reference the 2013 EIR as addended and the technical documents that relate
to the ttModified Project or provide additional information concerning the environmental setting of the
Modified Project. The information in this Addendum is based on the following technical studies and/or
planning documents:
■ City of Newport Beach General Plan (2006) and Municipal Code (2020)
■ Certified Environmental Impact Report for the approved Uptown Newport project (certified February 26,
2013)
■ Addendum to the Uptown Newport Environnncntal Impact Report, i%larch 2017
These documents, including the EIR and I st Addendum, are available for review at the City of Newport Beach
Planning Division, 100 Civic Center Drive, Newport Beach, California 92660. The E:IR, Ist Addendum to the
EIR, and General Plan and (Municipal Code arc also available on the Cirv's website.
1.3 CONTENT AND ORGANIZATION OF THIS ADDENDUM
This Addendum relies on the CEQA Guidelines' Appendix G checklist, which addresses environmental issues
topic by topic. Section -5, Ivu,iroarnerrtal: lucr!}er:r, is organircd into three sections:
Iu/)- -1020 Page i
2ND ADDENDUM TO THE UPTOWN NEWPORT EIR
CITY OF NEWPORT BEACH
1. Introduction
■ Environmental Factors Not Affected by the Modified Project. .\ list of the topics not affected by the
\Modified Project and whv.
■ Environmental Factors Potentially Affected by the Modified Project. The topics that could be
affected by the Modified Project are analyzed in detail under these subheadings:
• Summary of Impacts Identified in the Certified I -]It
• Impacts :\ssociated with the Modified Project
• Conditions of Approval and Project Design Features (if applicable)
• Adopted Mitigation Measures Applicable to the Modified Project
• Level of Significance :\fter \dirigation
■ New Topics Under 2018 CEQA Checklist. Analvsis of energy and wildfire impacts.
Where necessary, mitigation measures have been updated, refined, and/or supplemented to ensure mitigation
is implemented as intended for the Modified Project. Such changes are shown in _ r-Azle-euE/underlined bold
format and will be incorporated into the final mitkigaLion monitoring program for the l'prown Newport project.
2. Environmental Settin
2.1 PROJECT LOCATION
The 25.05 -acre project site is Within the Airport Area of the City of Newport Beach, (:ounn of Orange,
California. It is situated approximately 0.6 nu -IC southeast of John Wayne AL-rport and occupies Assessor's Parcel
Nos. 445-134-01 through -33, 445-133-()7, and 443-133-08. It is on the west side of Jamboree Road, between
Birch Street and the intersection of Von Karruan Avenue and ivlacArthur Boulevard.
Regional access to the site is from State Route '3 (SR -7173) via jamboree Road to the south and Interstate 405
(1-405) via Jamboree Road to the north, as shown on Figure 1, Regional Localion. Vehicular access to the site is
from Jamboree Road, Faircllild Road, Birch Street, and Von Karman Avenue. tklicArthLir Boulevard and Von
Karman :\venue pass west of the site, and Birch Street passes to the north (see Figure 2, I-nad 1.7cinilfp, and
Figure 3, l eiial Pholor raph).
2.2 ENVIRONMENTAL SETTING
Existing site and surrounding land uses are depicted in figure 3, .-leiial Pholgorapb. The project site is currently
in transition in accordance with the phased Uptown Newport Development Plan approved in 2013. AS
described in Section 3.1.2, Dece%nienl.S'lalnr, below, portions of Phase 1 have been developed and the office
building portion (f-falf Dome building of elle 'Towerlazz operation has been demolished. The primary
Towed azz semi -conductor manufacturing plant remains operational in the northern portion of the project site
(3311,452 square feet). A Southern California Edison (SCF.) substation remains along the southwestern
boundary of the project site.
2.2.1 Surrounding Land Use
The site is surrounded to the north, west, and south by commercial and office uses of the Campus Office Park
development within the Koll Center Newport properm To the north arc clusters of office buildings ranging
from one to fifteen stories in height, and three restaurants. To the west are office buildings ranging from one
to four stories high, landscaped areas, and two man-made lakes. TO the south are two 20 -story office buildings,
Surface parking, and a fast-food restaurant. jamboree Road forms the eastern boundan- of the project site, and
beyond Jamboree Road is undeveloped open ,pace on the north campus of the Cniversir\ of C: Llifornia, Irvine
(L'C1). The UCI Child Development (:enter and San foaduin I reshw-arer Marsh Reservc arc also located across
Jamboree Road.
1/f/1.2020 Page 5
2ND ADDENDUM TO THE UPTOWN NEWPORT EIR
CITY OF NEWPORT BEACH
2. Environmental Setting
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2''0AOQENOUM TO THE UPTOWN NEWPORT EIR
CITY OF NEWPORT BEACH
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2ND ADDENDUM TO THE UPTOWN NEWPORT EIR
CITY OF NEWPORT BEACH
2. Environmental Setting
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2"" ADDENDUM TO THE UPTOWN NEWPORT EIR
CITY OF NEWPORT BEACH
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2ND ADDENDUM TO THE UPTOWN NEWPORT EIR
CITY OF NEWPORT BEACH
2. Environmental Setting
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AIV 10 pblcelf'iw(_r
2ND ADDENDUM TO THE UPTOWN NEWPORT EIR
CITY OF NEWPORT BEACH
2. Environmental Setting
This hu{r iWenlionalli lel? blank..
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3. Project Description
3.1 APPROVED PROJECT
Land Use
The Uptown Newport project is approved as a multifamily residential communis with neighborhood -serving
retail uses in the Airport Area of Newport Beach. The Approved project allows for up to 1,241 residential
units, I t,500 square flet of read, and two acre's of parr area. The project Included adoption of the Uptown
Newport Planned Community Development Plan (P(1'DP) and was designed to occur in two distinct project
phases..kt buildout, the Approved Project is projected to house approximately 2,-24 residents and employ
approximately 26 people in the retail component. Figure 4, .•lpproaed ),ile Phut and Phe i ,g Plan, depicts land uses
as summarized in Table 1, .4pproved Pmjea Land C'se Sruitnrag. Figure 4A, Alodi/ied Project Site Plan, depicts the
changes to the location for retail use, as approved in 201- (F -JR Addendum No. 1).
Table 1 Approved Project Land Use Summary
Phase 1
Phase 2
Total
Number of Units 680
564
1,244
Park Area (ac.) 1.00
1.00
2.00
Retail (so 11,500'
0
11,500
On -Street Parking Stalls 59
34
93
Total Area (ac.) 12.29
12.76
25.05
'Addendum No.1 (as shove on Figure 4A) specifies relocation of 6.500 SF of retail vnthin Phase 1 and provides option for remaining 5.000 SF retail to be developed in
Phase 2.
Project Phasing
Tow•er)a•rz is a tenant and operates a semiconductor manufacturing facilitn• on the propern-. The development
Phasing of the Uptown Newport project is tied to the lease agreement with this tenant. 1'he analysis in the
certified FIR assumed that Phase I of rhe project would commence in 2013 and be completed by 2018. Ar the
time,'linverjazz's lease was set to expire in 20 17, with a potential to extend the lease until March 202-. Uptown
Newport Phase 2 is contingent upon the cessation and demolition of the Towerjazz manufacturing facility. 'I'o
e%aluare the worst-case impacts and potential overlap of Phase l and Phase ? construction and demolition
activities, the F:IR assumed that Phase 2 could commence as early as spring 201- with buildortr through 2021
but also addressed rhe potential for the Jowerlarz facility to continue after the development of Phase I and
the potential impacts of the phase I development operating adjacent to the "lowerlazz facility. The EIR also
addressed rhe potential for construction in both phases and construction anti occupation CO occur concurrentl.
July 2020 Page 1 i
2ND ADDENDUM TO THE UPTOWN NEWPORT EIR
CITY OF NEWPORT BEACH
3. Project Description
Ammonia Tank
The project site was historically used for the development and manufacture of radio components, then
semiconductors for telecommunication equipment, including facsimiles, modems, and lugh-speed data
transmission equipment. As a result, soil and groundwater were impacted by volatile organic compounds
(VOCs) in the north and northwest portions of the site (due to historical releases of solvents from underground
storage tanks). The I_:IR details the potential threats associated with: 1) past hazardous substances at the project
site to ground, groundwater, or surface water; 2) the risk of soil gas and soil vapor intrusion into proposed
buildings; and 3) the potential risk associated with other hazardous materials on the project site (industrial -
related chemical storage, asbestos, lead, etc.). The detailed analysis of these hazards is in Draft F"IR Section 5.-,
Vla,arclr and Ffa,,•ardmis Maleriab•, supported by numerous technical reports in Draft I'llt, Appendix 11. The UIR
included mitigation measures to reduce all potential hazards and hazardous materials to less than significant.
The Ellt included a comprehensive review of regulatory requirements for hazardous materials and identified
five extremely hazardous substances that are used by Towerlarz and stored on the project site. The 20li GI1t
disclosed and evaluated the potential for these Five substances to impact surrounding use, or the Phase I
residential use of the Approved Project. An `off-site consequence assessment" was prepared to evaluate the
potential risks, and only one of the substances, anhydrous ammonia, posed a health risk. Nfitigation measures
ui the F.111. included installation of a new ammonia tank at a minimum of 200 feet from the nearest existing or
proposed residential structure with mitigation safeguards such as automatic shut-off valves, excess flow valves,
restrictive flow orifices, toxic gas detection system, automatic sprinkler system, warer deluge system, alarm
system and double containment piping. These measures mitigated the potential impact to less than sit;tuficant.
Development Status
The former loweriazz office building (Half Dome building) \Vas demolished and the Phase I portion of the
site graded. Two of the residential apartment builduigs along Jamboree Road (4201 and 4301 Jamboree Road)
have been completed and have certificates of occupancy. The south building (4201) contains 22-' ututs and the
north building (4301) contains 231 units. The Phase I park (Uptown Park) has also been completed. The
commercial component planned in [lie southern corner and one of the anticipated residential buildings behind
the part: have been submitted and are under review by the Planning Division (as of May 2020). The second
residential bUddLi lg adjacent to Uptown Park has nor been submitted for review.
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CITY OF NEWPORT BEACH
3. Project Description
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21u ADDENDUM TO THE UPTOWN NEWPORT El R
CITY OF NEWPORT BEACH
Figure 4a - Modified Project Site Plan
LOT 1
`PACES
PARK LOT 1
MkX K PAT 11 LOT A RETAIL
IBAL1fINGINI `, 3,000 SF
SURFACE ILOT- P
14 SPACF +.1 SPACES
RETAIL +�5,SPACES
p —
1,000 SF
PARKING TURN
AROUNDARqCA ACCESSTO
PAFMNG
+-5 SPACES
SUBSTATION!
� '. -:. / CATE LOT 3
fir
LOT.2 SCFaNWAU
RESTAURANT I
Jamboree Rd
100
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2ND ADDENDUM TO THE UPTOWN NEWPORT EIR
CITY OF NEWPORT BEACH
3. Project Description
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2ND ADDENDUM TO THE UPTOWN NEWPORT EIR
CITY OF NEWPORT BEACH
3. Project Description
3.2 MODIFIED PROJECT
The only modification proposed to the :\pproved Project is related to the existing anhydrous ammonia tank.
As described under Section 3.1, .-Ipproued Prgjea, Project Desmption, the FIR included a mitigation measure to
install a new anhydrous ammonia tank with mitigation safeguards a minimum of 200 feet from existing or
proposed residential structures. As of April 2020, the existing tank is still being utilized by 'Towed azz, and no
residential structures have been constructed within 200 feet of the tank in compliance with the adopted
mitigation monitoring and reporting program. however, Towerf az-r_ personnel have expressed concerns that a
switchover to a new tank would entail a complex quaG6cation process that could disrupt their manutacturing
operations. The Modified Project, therefore, has been proposed as an alternate solution. Instead of a new
replacement tank, plans have been developed to enclose the existing, 2,230 -gallon, above -ground, pressurized,
anhydrous ammonia tank by constructing a room/enclosure around it inside its current building. The ammonia
tank would still be removed as part of Phase 2 demolition of the lowerlazz facility..
The existing tank is southeast of the Towcrjazr. cooling towers, approximately 5 feet from the closest Uptown
Newport property boundary and 35 feet from the closest proposed residential building (see Figure .5, Sik [1t)vwt
and Tank The tank is in a partially enclosed structure (three walls and a root) that also
contains the acid neutralization tanks for Tower1a7z's wastewater system. The tank has been operating for over
20 years, and both Uptown Newport and Towerf azz have emergency notification protocols in place. The
existing tank storage area is also equipped with safety equipment including a mitigation system and alarm,
discussed below.
The Modified Project involves completely enclosing the existing ammonia tank in a separate room/enclosure
that would be approximately 11.3 feet wide, 22 feet long, and 16 feet high widun the existing structure. As
discussed above, currently die tank is partially enclosed on three sides with a roof overhead. As described in
this Addendum (Section 5.2.2, 1 la,ard and 1-1a;ardons Malerials) and detailed in the risk analysis for the existing
ammonia tank (Appendix A). any release from the tank would be constrained by the enclosed room. The
existing ammonia tank is also equipped with these safen. features:
■ Water deluge spray system that consists of water nozzles above the tank that effectively knock down any
Vapors from an unintentional release.
■ Ammonia leak detector that alarms at a concentration of 25 mg/liter and activates the water deluge system
at 3.5 mg/liter.
■ \ flame detector connected to the gas sensor controller.
■ Pressure relief valVes, pressure sensors, level indicators, leak sensors, shutoff valves, and an ammonia
control panel.
■ I :xcess flow V;dVcs that autontaticallt shut off flow in the pipe when excess Hmv rares are derected in ill(.-
line.
heline.
■ FAiiergencc shutoff with a remote release cable.
/u11 '0'0 Page l'J
2ND ADDENDUM TO THE UPTOWN NEWPORT EIR
CITY OF NEWPORT BEACH
3. Project Description
■ Diking around tank Vk1th a dram sump.
■ An eye wash station.
■ An ammotua tank monitor and control panel with emergency deluge activation.
The proposed enclosure would reduce the potential release of ammonia due to it malfunction or failure of the
arrvnonia tank, and potential exposure from such a release to Towerjazz employees and contractors, adjacent
commercial users, and existing and future residents w-ithui Uptown Newport.
As shown in figure G, Vivposed Room k,nelosure—.-Inljydmus.- lntnonia Tan.(:, the proposed enclosure would include:
■ The addition of interior and exterior walls with doors and ceiling to create an airtight enclosure.
■ The modification of the floor to drain to a sump that discharges to the existing acid waste neutralization
system.
■ The installation of emergence controls and ammonia detectors both inside and outside the new enclosure.
■ Two (2) existing emergency shutoff valves are located between the tang: and the production building to
isolate the piping between the tank and the production building. In addition, a third emergency shutoff
valve is located at the ammonia rank control panel immediately outside the proposed enclosure. The
emergency shutoff valves are solenoid valves that close when the ammonia rank deluge system is activated
and are controlled by the alarm control panel.
This Addendum would also modih_' tNlitigation ` eaSurc --2 of die 2013 [:IR (sec Section -5.2.2, I latiarrh a id
Fhnayrdous Nlalerieds). The modified measure would also be included in an updated Mitigation tNloniroring and
Reporting Program.).
3.3 DISCRETIONARY APPROVALS REQUIRED
The following discretionary approvals are required to implement the Modified Project:
■ Approval of this Addendum to the l"ptown Newport F.rivironmental Impact Report (State Clearinghouse
No. 2010051094)
■ Approval of an I pdatcd :Mitigation Monitoring; and Reporting; Program \I\IRP) for the Uptown
Newport Project.
Page 20 Plae?[Fi)n(s
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2ND ADDENDUM TO THE UPTOWN NEWPORT EIR
CITY OF NEWPORT BEACH
3. Project Description
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Page 22 ll'Orki
2ND ADDENDUM TO THE UPTOWN NEWPORT EIR
CITY OF NEWPORT BEACH
3. Project Description
Figure 6 Proposed Room Enclosure — Anhydrous Ammonia Tank
OLCOPA147. M-5
3C8 3S. / M SF. °I,A acc.
TOTAL CCCLPARTS = 1
/J O'�\ �\
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I tank
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2ND ADDENDUM TO THE UPTOWN NEWPORT EIR
CITY OF NEWPORT BEACH
3. Project Description
This rgge inlentionallp lyi blank.
4. Environmental Checklist
4.1 BACKGROUND
1. Project Title: Uptown Newport Anhydrous Amrnoma Tank Enclosure
2. Lead Agency Name and Address:
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
3. Contact Person and Phone Number:
Lu Westmoreland, Associate Planner
(949) 644-3231
4. Project Location:
The 25.05 -acre project site is in the Airport Area of New1xlrt Beach. It is approximately 0.6 mile
southeast of John Wa5,ne Airport and occupies Assessor's Parcel Nos. 445-134-01 through -33, 443-133-
07, and 445-133-08. It is on the west side off anlboree Road, between Birch Street and the intersection of
Von le arman Avenue and lk[acArthur Boulevard.
5. Project Sponsor's Name and Address:
TSG — Parcel 1, LLC
Brian G. Rupp, Executive Vice President, Development:
2 Park Plaza, Suite 700
Irvine, CA 92614
6. General Plan Designation: \Lixed Use I lorizontal (MU -1-12)
7. Zoning Uptown Newport Planned Community (PC58): Planned Communitw Development Plan
8. Description of Project:
Building enclosure of existing anhydrous ammolua tank to improve safety and off-site consequence
analysis at the Towerjazz Facility, including modification of IMiugation :Measure --2 of the Uptown
Newport E[R.
9. Surrounding Land Uses and Setting:
The site is surrounded to the north, west, and South by landscaped areas, parking lots, small restaurants,
and multiston- office buildings. Across jamboree Road is undeveloped open space on the north campus
of L'(:I.'I'hc San joacluin Freshwater Marsh Reserve is cast of the project site ;Icruss jamboree Road.
10. Other Public Agencies Whose Approval Is Required: None
fulr _'020
2ND ADDENDUM To THE UPTOWN NEWPORT EiR
C17Y OF NEWPORT BEACH
4. Environmental Checklist
4.2 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The environmental Factors checked below would be potentially affected by this proicct, involving at least one
impact that IS a -potentially Signifrcani Impart," as indicated by the checklist on the following pages [Nonel.
❑ Aesthetics ❑ Agriculture I Forestry Resources ❑ Air Quality
❑ Biological Resources ❑ Cultural Resources ❑ Energy
❑ Gealogyl5oils ❑ Greenhouse Gas Emissions ❑ Hazards and Hazardous Materials
❑ HydrologylWater Quality ❑ Land Use/ Planning ❑ Mineral Resources
❑ Nuse ❑ Populalion 1 Housing ❑ Public Services
❑ Recreation ❑ Transportation ❑ Tribal Cultural Resources
❑ Utilities I Service Systems ❑ WiidFre ❑ Mandatory Findings of Significance
4.3 DETERMINATION (TO BE COMPLETED BY THE LEAD AGENCY)
On the basis of this iruti d evaluation:
I Find that the proposed project (-IOULD NOT have a significant effect ori the cm in)nment, and a
NEGATrVI'' 17f :f-LARATION will he prepared.
11 L Find That although the proposed project could have a significant effect on the environment, there %will
nor he a significant effect in This cash beCatlse revisions in the project have been made by or agreed it) lir the
pro;ccl prhp4menr- :1 rNIlTI(i:IT1 D tDE0.:11t:1' R)N will be. prepared.
I tints that the proposed project NI. Y have a %ignificant effect on the environment, and :in
ENVIR( )NiNIl"NTA 1, 1\IRAC*I- Rl"lo( )R l' is required.
1 Find that the proposed protect 11IAY have a "poterttially significant impact ' r-rr "porentiaLly significanr
unless rnitigated" impact on the environment, but at least one effect l) has been adetluarely :uhalvzed in an
earlier dncunhcrht pursuant to applicable legal srandards, and 2) has been addressed b%- mitl'g;Ition measures
based on the earlier analysis as described on attached shccts.:\it I-:\VIitUitiiilil it- A1, I,Nfl?1[:'1- REPORT is
required, but it must analyze only the effects that remain to be nddresscd.
® l find that although the proposed project crnrkl haVe a sif;suficant effect ern the envrrrrnment, becau,c
all potertti.tlh- significant effects (a) have: been aihalvzcd adequately in an earlier I?llt or NL.(,A'l'LVI:
17C.:C:1._11t,1'l'IC )N pursuant to applicab1c. standards, and !h) have been avoided or miugated pursuant to that
earlier 1•:111 or \1_{;;1'i lVI-- ❑l C'1.:11t:111 7N, Including re►•rslons or rniril;aur.on measures that are imposed
upon the propo-,ed Protect, nothing further rx required.
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2ND ADDENDUM TO THE UPTOWN NEWPORT EIR
CITY OF NEWPORT BEACH
4. Environmental Checklist
4.4 EVALUATION OF ENVIRONMENTAL IMPACTS
In Chapter i, lirwiro�imenlcrl:'lnaly.rir, the environmental checklist identifies the environmental effects of the
Modified Project in comparison with the Approved Project. This comparative analysis has been undertaken
pursuant to the provisions of CEQ:\ to provide the facetal basis for determining whether anv changes in the
project or its circumstances or anv new information requires additional environmental review or preparation
of a subsequent or supplemental EIR. The textual changes to the EIR would not involve new significant
environmental impacts, a substantial increase in severity of significant unpacts previously identified; substantial
changes in the circumstances under which the project is undertaken that result in new impacts or a substantial
increase in the severity of significant impacts; or new information of substantial importance, as meant by
CEQA Guidelines Section 15162. Therefore, this Addendum is the appropriate means to document these
textual changes. The bases for the Findings listed in the Environmental Checklist are explained in Chapter 5.
4.4.1 Terminology Used in the Checklist
For each question in the Environmental Checklist, a determination of the level of significance of the impact
is provided. Impacts are categorized into the following categories:
■ No Impact. A designation of \;o lnipeicl is given when the iN/foditied Project would cause no changes to
the environment as compared to the orilrinal project analyzed til the EIR.
■ Changes or Additions. An Addendum to the EIR is required if changes or additions are necessary and
none of the criteria for a subsequent Hit are met (("l?Q:\ Guidelines `, 15164).
■ New Mitigation or Alternative to Reduce Significant Effect Is Declined. :\ Subsequent EIR is
required if new information of substantial importance that was not known and could not have been known
with the exercise of reasonable diligence at the time the IJ It was certified shows that mitigation measures
or alternatives previously found not to be feasible would in fact be feasible (or new mitigation measures or
alternatives are considerably different) and would substantially reduce one or more sipilftcant effects of
the project, but the project proponents decline to adopt the mitigation measure or alternative (CEQ:\
Guidelines ? 15162). A Supplement to an EIR can be prepared if the criterion fora Subsequent EIR is
met, but only minor additions or changes would be necessary to make the EiIR adequately apply to the
Modified Project (CEQ\ Guidelines y 15 163).
■ New Information Showing Greater Significant Effects Than Previous EIR.:\ Subsequent Ellt is
requi.recl if new information of substantial importance that was not known and could not have been known
with the exercise of reasonable diligence at the rime the I'I It was certified shows 1) the project would have
one or more significant ettecrs not discussed in the I -JR, 2) significant effect,, previousl examined would
be substantiall more severe than shown in the E:IR; or 3) mitigation measures or alternatives previoush
found not to be feasible would to tact be feasible (,or new mitigation measures or alternatives arc
considerably different) and would substantially reduce one or more significant effects of the project, but
the project proponents decline to adopt the nutigation measure or alternative ((;1{Q:\ ( iuiddines Ii162).
Jnh
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2ND ADDENDUM TO THE UPTOWN NEWPORT EIR
CITY OF NEWPORT BEACH
4. Environmental Checklist
Substantial Change in Project or Circumstances Resulting in New Significant Effects. A
Subsequent EIR is required when 1) substantial project changes are proposed or subsrantial changes to the
circumstances under wluch the project would be undertaken, 2) those changes would result in new
significant environmental effects ora substantial increase in the severity of prcv10us1y identified significant
effects, and 3) changes require major revisions to the EIR (CI "QA Gtudelines S 15 16-1).
---.............. _.... _ ........_._.. -------
q r _ S Plnr�•I i'u•k_r
5. Environmental Analvsis
Chis section provides the significance conclusions for each environmental topic in the (:F?QA Guidelines'
\ppen&x G checklist as well as the evidence to substantiate those conclusions. Section i. I includes a list of
environmental factors that will not be affected by the tiNlodified Project along with a brief substantiation. Section
5.2 provides an expanded discussion associated with environmental factors that would potentially be affected
by the Modified Project. Section 5.3 addresses potential incremental impacts due to the Modified Project related
to the new topics under the 2018 CI_?QA Guidelines.
5.1 ENVIRONMENTAL FACTORS NOT AFFECTED BY THE MODIFIED
PROJECT
Since the modifications to the r\pproved Project are limited to the revised design and mitigation for the existing
anhydrous ammonia tank, the Modified Project would not affect most of the environmental factors listed ni
Appendix (;. For these factors, the i\cldendum does not detail the analysis from the 201.3 I?IR or the existing
mitigation for the project; instead, these factors are listed in Table 2 with a brief substantiation.
Table 2 Environmental Factors Not Affertad
Environmental Topic
Substantiation
Aesthetics
The Modified Project includes the installation of an enclosure inside an existing building and therefore
would have no impacts on aesthetics.
Agriculture and Forestry
The Modified Project involves constructing a room/enclosure in the building the ammonia tank currently
Resources
occupies and would not impact agricultural and forestry resources.
Biological Resources
The Modified Project would not involve any new ground disturbance, and all changes would be within the
confines of an existing building. Therefore, there would be no impacts to biological resources.
Cultural Resources
The Modified Project involves changes within the confines of an existing building. Modifications to the
TowerJazz facility would not be a significant historic impact because the building is less than 50 years old.
Furthermore, the Modified Project does not involve any new ground disturbance, and no impacts to
archeological resources would arise.
Geology and Soils
The Modified Project would not involve any new ground disturbance and includes the addition of interior
and exterior walls with doors, floor modifications, and the installation of emergency controls and ammonia
detectors within an existing building. None of these activities would impact the geology or soils on site or
disrupt paleontological resources.
Hydrology and Water Quality
The activities associated with the installation of an enclosure within an existing building would not affect
site hydrology or have any new or increased impact on water quality on site. No impacts to hydrology and
water quality would arise.
Land Use and Planning
Proposed improvements would be limited to constructing a room/enclosure within an existing TowerJazz
building to enclose an existing anhydrous ammonia tank. The project modification would not physically
divide an established community and would not conflict with any land use plan, policy or regulation
adopted for the purpose of avoiding or mitigating an environmental effect. The improvement would be
reviewed and approved by the Newport Beach Fire Department and Planning Department. Therefore, no
impacts to land use and planning would arise.
Mineral Resources
The Modified Project involves constructing a room/enclosure in the building the ammonia tank currently
occupies and would not impact mineral resources.
lulp 2020 Page 29
2ND ADDENDUM TO THE UPTOWN NEWPORT EIR
CITY OF NEWPORT BEACH
5. Environmental Analysis
Table 2 Environmental Factors Not Affected
Environmental Topic
Substantiation
Noise
Construction of an enclosure within the existing building associated with the Modified Project would be
temporary, short term, and would result in a minimal noise impact. The EIR includes mitigation measures
to reduce noise levels from the TowerJazz facility and to reduce vibration levels at the TowerJazz facility.
There would be no long-term, operational noise impacts associated with project modification. Therefore,
the Modified Project would have no impacts to noise.
Population and Housing
Constructing a roomlenclosure in the building the ammonia tank currently occupies would have no impact
on population and housing.
Public Services
The addition of interior and exterior walls with doors, ceiling, floor modifications, and the installation of
emergency controls and ammonia detectors would have no effect on the demand for police, schools,
parks, and libraries. The Newport Beach Fire Department requested that the project applicant update the
model of potential airborne ammonia concentrations to assess the potential impact to the proposed
adjacent Uptown Newport residential development in the event of a release from the existing anhydrous
ammonia tank. The results of the revised risk analysis indicate that the estimated ammonia concentrations
from an accidental release from the existing ammonia tank within an enclosed building would not result in
concentrations of concern at the Uptown Newport property. Therefore, the Modified Project would have no
impact on fire services.
Recreation
The activities associated with the installation of an enclosure within an existing building would have no
effect on recreation.
Transportation
The Modified Project would not alter project traffic and would have no impact on transportation. It would not
generate additional vehicle trips and would not affect vehicle miles traveled (VMT).
Tribal Cultural Resources
The Modified Project involves changes within the confines of the TowerJazz building and does not involve
any new ground disturbance. Therefore, no impacts to tribal cultural resources impacts would arise.
Utilities and Service Systems
The addition of interior and exterior walls with doors, floor modifications, and the installation of emergency
controls and ammonia detectors would have no effect on the demand for water, electricity, and natural gas
and would not affect wastewater and solid waste generation. Therefore, there would be no impacts to
utilities and service systems.
5.2 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED BY THE
MODIFIED PROJECT
This section has expanded diSCUSSiow, for environmental factors that would potentially be affected by the
Modified Project—air cluahty, and hazards and hazardous materials. For these environmental factors, die
Addendum briefly summarises the conclusions of the 2013 13112 and discusses whether the• \Modified Project: is
consistent with the findings in the 2013 I'M Micigarion measure's char are referenced in this section arc from
the certified 2013 EI1t.
5.2.1 Air Quality
5.2.1.1 SUMMARY OF IMPACTS IDENTIFIED IN THE CERTIFIED EIR
Phase 1
'I'he Approved Project is a residential project wirh more rhan jtltl dwelling units and changes in the population,
housing, or employmenr growth projections associated with this project have rhe potential to affect the
Sourhern C:alifortua Association of Governments' (S(1'AG's) demographic projections and therefore the
aSSUmpnOns iIn tiOUth (,oast :krr ( )Ualtty :Management I)Ititrlcr,, (AO1\11Y) air elUalltC management plan
1 ��se fU Pkn2lFi�n(:r
2ND ADDENDUM TO THE UPTOWN NEWPORT EIR
CITY OF NEWPORT BEACH
5. Environmental Analysis
(r\Q\IP). l-loxvever, the 2013 certified EIR found that the Approved Project \would be considered consistent
With the :\Q\ -IP.
The Approved Project would be constructed in two phases and construction of the Two phases could o-verlap.
The 201.1 certified ISIR found chat the Phase I construction activities -,would exceed South Coast ;\Q\{D's
regional significance thresholds for NO, (luring grading and pawing activities and when construction activities
of both phases overlap. Emissions of NO, are precursors to the formation of O;. In addition, NO, is a
precursor to the formation of particulate matter (P\I„, and PNI .;). Consequently, emissions of NO, that exceed
the South Coast AQiMD regional significance threshold, \would contribute to the O;, NO,, and particulate
matter (Pi%6, and Pi'V[2;) nonattainment designation of the South Coast :\ir Basin (SoCAB) under the national
and California ambient air quality standards (AAQS). The Approved Project was found to sigluficantly
contribute to the nonattainment designations of the SoCAB and the Cine Council adopted a statement of
overriding considerations related to this project impact.
Furthermore, buildout of the Approved Project would result in direct and indirect criteria :fir pollutant
emissions from transportation, energy (e.g., natural gas use), and area sources (e.g., gas fireplaces, aerosols, and
landscaping equipment). However, criteria air pollutant emissions generated by Phase 1 of the proposed project
were found not to cumulatively contribute to nonartaiument designations of the SoCAB. The 2013 certified
EIR also found that when building construction activities in Phase l overlap with site improvement
construction activities in Phase 2 fugitive particulate matter emissions have the potential to expose sensitive
receptors to substantial concentrations of P\[,;. The results of the health risk assessment indicate that the
incremental cancer and non -cancer risks would not excce(I South Coast r Q)i'vf 's thresholds. Additionally, CO
hotspots were found not to be an environmental unpact of concern for the Approved Project and localized air
quality impacts related to mobile -source emissions were less than significant.
During construction activities, emissions from off-road e(luipment, such as diesel exhaust, may generate some
odors; however, these would be low in concentration, temporary, and not expected To affect a substantial
number of people. No substantial long-term odors would be generated. Restaurants could generate odors, but
such odors would not be considered objectionable and would be required to comply with Rule -103. The
Approved Project would also not expose proposed land use, to substantial odors from adjacent land uses.
Phase 2
Phase 2 of the Approved Project was found to be consistent with the :\Q\IP. I lowever, the 20 Li certified 1-:11t
found that the Phase 2 construction activities Would exceed South Coast AQ\[D's regional significance
thresholds for NO, (luring grading and pavil>,g actiwitie, and v. -hen construction activities of both phases
overlap. '['lie Approved Project \vas found to STnlificantly contribute to the nonattainment designations of the
SOCAB during Phase 2. Furthermore, criteria air pollutant enuSSions generated by Phase 2 of the proposed
project were found not to cumulatively contribute to nonattainment designations of the SoCAB however, Phase
2 Would have the potential to expose sensitive receptors to substantial concentrations of P\I,; \%-hen the two
phases overlap. The results of the health risk assessment Indicate LIMI the incremental cancer and non -cancer
risks Would not exceed South Coast A0i\d D's thresholds. Additionally, (;( ) hotspots were found not to be :tn
environmental impact of concern and localized air qualm' llllpacts related to mobile -source emissions were les,
2ND ADDENDUM TO THE UPTOWN NEWPORT EIR
CITY OF NEWPORT BEACH
5. Environmental Analysis
than significant. The construction and operational phases were also found not to produce substantial long-term
or anv objectionable odors.
5.2.1.2 IMPACTS ASSOCIATED WITH THE MODIFIED PROJECT
\Would the proposed project:
Comments:
a) Conflict with or obstruct implementation of the applicable air quality plan?
Phase 1
No Impact. The ;Modified Project would not cause any changes to the population, housing, or emploG•ment
growth projections in the SC \G region, and would therefore have no impacts on South Coast .kQ\ID's ;\Q,%4P.
Phase 2
No Impact. No changes are proposed in Phase 2. Thus, no impact related to the :\QMP in comparison to rhe
:\pproved Project would occur.
b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project
region is non -attainment under an applicable federal or state ambient air quality standard?
Phase 1
Changes or Additions. The construction phase of the \dodified Project would be limited to building an
enclosed room/enclosure (approximately 1 l.5 feet wide, 22 feet long, and lG feet high) within an existing
building. Emissions from construction of the building enclosure and proposed modifications would be minimal
and would be less than Significant. The modifications to the project (enclosure of the tank) would not alter
Page 3? PlarelB rk
Substantial
Changein
New
New
Project or
Information
Mitigation or
Circumstances
Showing
Alternative to
Resulting in
Greater
Reduce
New
Significant
Significant
Significant
Effects than
Effect is
Changes or
Environmental Issues
Effects
Previous EIR
Declined
Additions
No Impact
a) Conflict with or obstruct implementation of
the applicable air quality plan?
X
b) Result in a cumulatively considerable net
increase of any criteria pollutant for which
the project region is non -attainment under
X
an applicable federal or state ambient air
quality standard?
c) Expose sensitive receptors to substantial
pollutant concentrations?
X
d) Result in other emissions (such as those
leading to odors) adversely affecting a
X
substantial number of people?
Comments:
a) Conflict with or obstruct implementation of the applicable air quality plan?
Phase 1
No Impact. The ;Modified Project would not cause any changes to the population, housing, or emploG•ment
growth projections in the SC \G region, and would therefore have no impacts on South Coast .kQ\ID's ;\Q,%4P.
Phase 2
No Impact. No changes are proposed in Phase 2. Thus, no impact related to the :\QMP in comparison to rhe
:\pproved Project would occur.
b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project
region is non -attainment under an applicable federal or state ambient air quality standard?
Phase 1
Changes or Additions. The construction phase of the \dodified Project would be limited to building an
enclosed room/enclosure (approximately 1 l.5 feet wide, 22 feet long, and lG feet high) within an existing
building. Emissions from construction of the building enclosure and proposed modifications would be minimal
and would be less than Significant. The modifications to the project (enclosure of the tank) would not alter
Page 3? PlarelB rk
2ND ADDENDUM TO THE UPTOWN NEWPORT EIR
CITY OF NEWPORT BEACH
5. Environmental Analysis
Tower Jazz operations or result in any change in criteria pollutant emissions. The proposed airtight enclosure
would contain anv gases from the tank. Should a release occur, the enclosure would contain the gas, and the
water system would neutralize the gas, changing it into a liquid that would be captured in the floor drain system.
There would be no emissions into the atmosphere.
Phase 2
No Impact. No changes to the Approved Project are proposed for Uptown Newport Phase 2. Thus, no air
quality impacts would occur.
c) Expose sensitive receptors to substantial pollutant concentrations?
Phase 1
Changes or Additions. See discussion under Section 5.2-2 (b), below. The EIR was supported by an Offsite
Consequence Analysis that addressed the potential impacts of a chenucal release from the Towerjazz facility
and concluded that the impact would be less than significant with mitigation. _\ revised ammonia risk analysis
for the existing ammonia tank was conducted to fulfill a request by the Newport Beach Fire Department to
model potential airborne ammonia concentrations and to review a design that could minimize disruption to
Towerf azz from a switchover to a new tank. The purpose of the updated analysis was to assess the potential
impact to existing and future Uptown Newport residents and surrounding land uses in the event of a release
from the existing anhydrous ammonia tank, including with the proposed design. The anahtsis found that, in the
case of a release, maximum ammonia concentrations would be below the toxic thresholds established by
California Accidental Release Program (CaIARP) and below the California Occupational Safety and Flealth
AcIrrunisrration's ((:al/OSF-LA,-,) established permissible exposure limits (PELs) (see Appendix _\, l hi mu
�
'ewpor! RiYA ;-1 uulysis ji)r hruuouiu Yiurk).
Furthermore, Section 5.2.2.=1 includes a revision to an existing mitigation measures to continue to reduce die
impact from a release of ammonia to all existing and future residents, including sensitive receptors, to less than
s isms fica n t.
Phase 2
No Impact. No changes to the Approved Project are proposed for l'ptou•n Newport Phase 2.The ammonia
tank would be removed as part of Phase 2 development, and there would be no further potential for funlrc
exposure. Thus, there would be no impact changes relative to sensitive receptor ullpacts for this phase.
d) Result in other emissions (such as those leading to odors) adversely affecting it substantial number
of people?
Phase 1
Changes or Additions. Anh�7drous :1111monta is a clear, colorless gas with a Pungerir irritating odor and,
according to Cal/OSl lA, ammonia has :in odor detection threshold of 5 to 511 parrs per million (ppm). As
indicated in Section 5.2.2 (b), the revised ammonia risk anah•sis demonstrated that the tnaxinium outdoor
ammonia concentration at the Uptown Newport propertn- would be 4.45 ppm. '['his would be below am• level
fu!) 2020 1 (,oe 3 l'
2ND ADDENDUM TO THE UPTOWN NEWPORT EIR
CITY OF NEWPORT BEACH
5. Environmental Analysis
of concern and would be just below the range of values for odor perception (5 to 50 ppm) for outdoor
residential occupants. "Therefore, impacts would be less than significant.
Phase 2
No Impact. No changes to the Approved Project arc proposed for Uptown Newport Phase 2. The ammonia
tank would be removed as part of Phase 2 development, and therefore diere would be no potential for odor
impacts.
5.2.1.3 CONDITIONS OF APPROVAL AND PROJECT DESIGN FEATURES
No conditions of approval or project design features were outlined in the certified EIR relating to Air Quality
5.2.1.4 ADOPTED MITIGATION MEASURES APPLICABLE TO THE MODIFIED PROJECT
2-1 The construction contractor shall use construction equipment rated by the United States
Environmental Protection Agency as having Tier 3 or higher exhaust emission limits for
nonemergency equipment over 50 horsepower. Tier 3 engines between 50 and 750 horsepower
are available for 2006 to 2008 model years. After January 1, 2015, nonemergency equipment
over 30 horsepower shall be equipment meeting the Tier 4 standards, if available. A list of
construction equipment by type and model year shall be maintained by the construction
contractor onsite. A copy of each unit's certified 'Tier specification shall be provided at die
time of mobilization of each applicable unit of equipment. Prior to construction, the City of
Newport Beach shall ensure that all demolition and grading plans clearly show the requirement
for United States Environmental Protection _kgency Tier 3 or higher emissions standards for
construction equipment over 50 horsepower during ground -disturbing activities. In addition,
the construction contractor shall properly service and maintain construction equipment in
accordance with the manufacturer's recommendations. Construction contractors shall also
ensure that all nonessential idling of construction equipment is restricted to five minutes or
less in compliance with California Air Resources Board's Rule 2449.
2-2 The construction contractor shall implement the following measures or provide evidence to
the City of Newport Beach that implementation would not be feasible:
■ [f electricity is not available onsite, generators, welders, and air compressors shall use
alternative fuels (i.e., electric, natural gas, propane, solar).
■ Construction parking shall be configured to minimize traffic interference.
■ Construction trucks shall be routed away from congested streets and sensitive receptors.
■ Construction activities that affect traffic flow on the arterial system shrill be scheduled to
off -peal: hours to the extent practicable.
■ Temporary rraffic controls, such as a flag person(s), shill be provided, where necessary, to
maintain smoorh traffic flow.
Page 34 Place[ 'arks
2ND ADDENDUM TO THE UPTOWN NEWPORT EIR
CITY OF NEWPORT BEACH
5. Environmental Analysis
■ Large shipments of construction materials anti/or equipment requiring use of heavv-
heavy duT? tractor trailers (e.g., 33 -foot truck) shall use EPA -certified Smart'W'ay trucks.
2-3 Prior to issuance of a grading permit, the construction contractor shall provide a statement to
the City of Newport Beach that the construction contractor shall support and encourage
ridesharing and transit incentives for the construction crew, such as carpools, shuttle vans,
transit passes, or secured bicycle parking for construction workers.
2-4 The construction contractor shall prepare a dust control plan and implement the following
measures during ground -disturbing activities for fugitive dust control in addition to South
Coast _lir Quality Management District Rule 403 to reduce particulate matter emissions. The
City of Newport Beach shall verify compliance that these measures have been implemented
during normal construction site inspections.
■ During all grading activities, the construction contractor shall reestablish ground cover on
the construction site through seeding and watering.
■ During all construction activities, the construction contractor shall sweep streets with Rule
1186—compliant, PM10-efficient vacuum units on a daily basis if silt is carried over to
adjacent public thoroughfares or occurs as a result of hauling.
■ During all construction activities, the construction contractor shall msuntain a minimum
24 -inch freeboard on trucks hauling dirt, sand, soil, or other loose materials, and tarp
materials with a fabric cover or other cover that achieves the same amount of protection.
■ Durung all construction activities, the construction contractor shall "vater exposed ground
surfaces and disturbed areas a minimum of every three hours on the construction site and
a minimum of three times per day. Recycled water should be used, if available.
■ During site preparation, the construction contractor shall stabilize stockpiled materials.
Stockpiles within 300 feet of occupied buildings shall not exceed 8 -feet in height, must
have a road bladed to the top to allow water truck access, or must have an operational
water irrigation system that is capable of complete stockpile coverage.
■ During all construction activities, the construction contractor shall limit onsite vehicle
speeds on unpaved roads to no more than 15 miles per hour.
2-5 The construction contractor during Phase 2 activities shall adhere to one of the following if
construction of Phase I overlaps with construction of Phase 2:
■ The construction contractor shall install Level 2 Verified Diesel Emission Control
Strategies (VDFJS) diesel particulate filters (DPF) on large off-road equipment chat have
engines rated 50 lip or greater during grading, utilities installation, paving, and concrete
activities that overlap with Phase l building construction. A fist of construction
equipment by type and model ve.0 and Type of DPF shall be maintained by the
construction contractor onsite. Or
/ulT '0'0 Pqe 35
2ND ADDENDUM TO THE UPTOWN NEWPORT EIR
CITY OF NEWPORT BEACH
5. Environmental Analysis
■ Phase 2 site improvements (grading, utilities installation, paving, and concrete
construction subphases) shall not overlap with Phase 1 building construction.
The City of Newport Beach shall verify compliance that one of these measures has been
implemented during normal construction site inspections.
2-6 The construction contractor shall post a sign at the entrance to the construction site. The sign
shall identify the designated contact person, telephone number, and email address for
construction -related complaints. Upon receipt of a compliant, the complaint shall be
investigated and corrective action shall be taken, if needed. The construction contractor shall
Erle a report to the City of Newport Beach of the nature of the compliant and action taken to
remedy the complaint within two working days. A log of the complaints and resolutions to
the complaints shall be maintained onsite.
2-7 The construction contractor shall use haul trucks and/or require subcontractors to use haul
trucks that are 2010 or newer for demolition and construction (C&ll) debris removal offsite
and soil haul, unless evidence is provided by the contractor/ subcontractor that such trucks
are not readily available at the time of issuance of a demolition and/or grading permit.
5.2.1.5 LEVEL OF SIGNIFICANCE AFTER MITIGATION
The Modified Project would only result in minor changes or additions in comparison to the Approved Project.
Impacts would be less than significant. The Modified Project would not have any reasonably foreseeable
environmental consequences beyond that analyzed in the FIR and does not change the conclusions of the FIR,
involve new significant effects, or substantially increase the severity of previously identified significant effects.
No revisions or additional mitigation measures are required. The adopted air quality mitigation measures as
reproduced in Section 5.2.1.4 remain valid and will be included in the updated Mitigation Monitoring and
Reporting Program for Uptown Newport.
5.2.2 Hazards and Hazardous Materials
5.2.2.1 SUMMARY OF IMPACTS IDENTIFIED IN THE CERTIFIED EIR
A Phase l Environmental Site Assessment (ESA) and Vapor Intrusion I lealth Risk Assessment (I n-\) were
prepared for Phase l and Phase 2 of the Approved Project and included as FIR Appendix I-1.
Phase 1
Potential Release of Hazardous Materials
From Towerjaaz Facility
The Towerfazz manufacturing facility° would remain operational after Phase l of the Approved Project is
developed and occupied. Phase l residents could be exposed to potential chemical -related hazards of the
Towerjazz operation for up to 13 years depending on whether the'1'owerjazz facility lease is renewed.
Pgge 36 P/cic l i''or(r
2ND ADDENDUM TO THE UPTOWN NEWPORT EIR
CITY OF NEWPORT BEACH
5. Environmental Analysis
The EIR was supported by an Offsite Consequence Analysis (OCA). The OCA assessed the potential impacts
of a chemical release from the TowerJazz facility on Uptown Newport Phase l residents. The analysis indicated
that for the worst-case scenario, the toxic endpoints would extend to the residential receptors in Phase 1 for
each of the chemicals analyzed. This scenario, however, is very conservative because no credit was taken for
existing mitigation measures or safety, features, it did not consider the probability of the release occurring, it
assumed wind would be blowing directly toward the receptor, and residents typically would be indoors during
nighttime hours. Existing safety measures include an automatic sprinkler system, toxic gas monitoring system,
and automatic control valves. The alternative release scenarios indicated that the toxic endpoints would not
extend to the Phase I residential receptors, with the exception of anhydrous ammonia. At its current location,
the anhydrous ammonia tank is 35 feet from the nearest proposed Phase 1 residential building. As noted above,
the tank would be removed prior to occupancy by Phase 2 residences. Without mitigation, occupants of Phase
I would be within the 192-foor distance to the toxic endpoint of a chemical release of anhydrous ammonia,
and the impact was determined to be significant before mitigation.
From Construction and Grading Activities
The Phase 1 portion of the project site is not listed in environmental databases searched as part of the ESA
for the project. Based on the ESA and vapor intrusion studies, potential sources of contamination in the Phase
I portion of the site are limited to the migration of volatile organic compounds (VOCs) in soil gas and
groundwater from the former underground storage tank (UST) areas in the Phase 2 portion of the site.
The detected VOC concentrations in the upper groundwater zone continue to decrease. As part of the
conditions for Phase l development, the Re Water Water Quaity Control Board (RWQCB) would require
continued monitoring and sampling of selected wells ui the Phase l portion of the site. Additional groundwater
remediation is scheduled for the Phase 2 portion of the site. In the unlikely event that additional VOC migration
were to occur from the Phase 2 area to the Phase 1 portion of the site, in situ groundwater mitigation could
effectively be conducted.
From Asbestos and Lead Paint
Given the age of the Towerjazz facilin and I lalf Dome building, there are liRely both asbestos -containing
materials and lead-based paint in the buildings. The Half Dome building (constructed between 19,52 and 1960,
would be demolished as part of Phase 1. Demolition of the building could disturb asbestos -containing materials
(ACM) and/or lead-based paint (_BP). The btulding, therefore, would require inspection for these materials
prior to demolition, and ACL%l in amounts over 100 square feet must abated, contained, and disposed in
accordance with South Coast Air Quality iilanagement District (SCAQMD) 1Zu1e 1403. I-ead must also be
contained during demolition activities.
From Vapor Intrusion
Based on the analysis and findings in the I:SA, the Phase l portion of the site has not been significantly
impacted by subsurface soil and groundwater contamination. Potentia sources of contamination of the Phase
I portion have been identified to be Limited to the migration of V0Cs in soil gas and groundwater from the
Cornier UST areas in the Phase 2 portion of die site.
/ 1p 2020 Page 37
2ND ADDENDUM TO THE UPTOWN NEWPORT EIR
CITY OF NEWPORT BEACH
5. Environmental Analysis
For Phase 1, basement parking depths are anticipated to be 5 to 18 feet below the existing grade. Based on the
anticipated subgrade elevations for the parking, 5-, 10-, and 15 -foot sampling depths were used in the vapor
intrusion modeling. Soil -gas samples were collected from both nested and single -well soil gas probes located in
the perimeter area of the contaminated soil and groundwater in the Phase 2 portion of the site. Probe locations
were selected to represent the highest potential source of contamination from the Phase 2 area.
The estimated vapor intrusion risk and hazards in the proposed subsurface parking garages and for proposed
structures constructed at or above the existing grades are below the acceptable risk and hazard limits for
residential exposure. The vapor intrusion HRA concludes that residents and visitors of the Phase 1
development as proposed would not be exposed to unacceptable levels of VOCs as a result of vapor intrusion
into buildings.
Exposure to Electric and Magnetic Fields
The potential hazards related to Phase l resident exposure to electric and magnetic fields (EMF) from the
Southern California Edison (SCE) substation located at the southwestern corner of the Uptown Newport site
was addressed in the EIR. A more detailed assessment of potential EMF exposure for the project was included
in the first EIR Addendum. An electromagnetic frequency survey was conducted and included as Addendum
Appendix A to determine whether relocation of retail uses proximate to the SCE substation would adversely
impact workers and visitors.
EIR Conclusions. The strongest EM17 associated with a substation comes from the transmission power lines
entering and leaving the substation. The strength of EitiIF within the substation, such as transformers, reactors,
and capacitor banks, decreases rapidly with increasing distance.
California does not have specific regulations regarding electrical effects from transmission lines or substations.
However, the California Department of Education (CDE) has established setback distances of 100 feet from
50 to 133 kV transmission power lines for new school siting. Conservatively assuming this standard to be
applicable to a power substation, which should have much lower EMF levels, the nearest Phase l residence
would be approximately 135 feet from the substation, which is beyond the setback distance of 100 feet.
Therefore, no adverse health impacts should occur to residents in the Phase I development from EMF
associated with the power substation.
Addendum and EMF Survey Findings. Under the modified project for the EIR Addendum, 3,300 SF of
retail use would be relocated to Lot 2 adjacent to the SCI. substation within Phase 1. The approved project did
not anticipate any development on Lot 2 until Phase 2 of the project when the substation would be demolished.
An EMF survey was conducted in anticipation of potential concerns related to potential EMF exposure from
the nearby SCE substation and associated GG kilovolt transmission line.
The EMF survev consisted of measuring magnetic Field strength at outdoor locations across portions of the
project site in the vicinity of the SCE substation and proposed restaurant and retail uses of the modified site
plan. The survey determined that the proposed retail structure would have an average E\1f exposure level of
0.5 milligauss (m(T), and the proposed restaurant structure would have an average 1"INIF exposure level of 5.3
mG. The retail strucrurc r:blF level would be less than rypical average exposures expected due to routine daily
PgKe 38 Plai-ell"a v
2ND ADDENDUM TO THE UPTOWN NEWPORT EIR
CITY OF NEWPORT BEACH
5. Environmental Analysis
activities. The restaurant structure level would experience levels Higher dean the average exposure of
approximately l mG. However, EMP' exposure levels were determined to result in less than significant hazards
to the public or environment. The Addendum and its Appendie r\ Summarize die reasons for this conclusion,
including that l) after SFO years of research, none of the scientific organizations have concluded that exposure
to GMF is a demonstrated cause of long-term health effects, and 2) because exposure duration Would be much
less than durations assumed in cited epidemiology studies.
Phase 2
Potential Release of Hazardous Materials
From Towerjazz Facility
Phase 2 would involve the demolition of the'fbwerjazz facility and its related operational hazardous materials.
Phase 2 residents and visitors, therefore, Would not be impacted by potential chemical releases associated with
rlus facility.
From Construction and Grading Activities
Although soil and groundwater remediation activities are ongoing (soil vapor extraction ISVF:I and in situ
chemical oxidation I1SC01), contaminated soil and groundwater are still present within the Phase 2 area of the
project site. The lead oversight agency for the remediarion is the California RWQ(:13. Phase 2 building permits
could not be issued until the RXN'QCB provides a "No Further Action" (NF:\) declaration or a Letter of
.Ulowance for residential construction. Phase 2 development, including ground disturbance that could impact
Phase 1 residences, could not occur Without the approval and oversight of die M VQCB.
From Asbestos and Lead Paint
The Towerjazz building Would be demolished prior to development of Phase 2 improvements. This building
Was constructed between 1968 and 107 and likely- cont.tins :\Cif and/or LBP. As with Phase. 1, prior to
demolition, this building Would be inspected for these materials, and appropriate abatement and disposal Would
be conducted in accordance With SCAQtMD regulations.
From Vapor Intrusion
The vapor intrusion I-fRA was limited to Phase I of the proposed project. The F"SA concluded that potential
soil vapor intrusion of VOCs north and northwest of the 'l'oWerJavz building Would be a significant concern
for development of Phase 2. Following ongoing and future remediation activities, Phase 2 building pernuts
could nor be issued until the RWQ)C13 provides a "No Further Action" declaration ora I.cttcr of allowance for
residential construction. Depending on the risk levels present after SVl: and fS(:O treatments, it %would be
determined whether excavation and removal of contaminated soils is necessary. Such excavation would occur
after demolirion of rhe'lowerjazz building.
iqt' =0'0 Page 3
2ND ADDENDUM TO THE UPTOWN NEWPORT EIR
CITY OF NEWPORT BEACH
5. Environmental Analysis
Exposure to Electric and Magnetic Fields
The SCG. substation would be demolished as part of Phase 2 development. Since the substation will cease to
operate, [?ibiF will not pose a health risk to surrounding residents during Phase I Therefore, no impact would
occur.
5.2.2.2 IMPACTS ASSOCIATED WITH THE MODIFIED PROJECT
Would the proposed project:
Rage 10
PlnrlFhn(:i
Substantial
Changein
New
New
Project or
Information
Mitigation or
Circumstances
Showing
Alternative to
Resulting in
Greater
Reduce
New
Significant
Significant
Significant
Effects than
Effect is
Changes or
Environmental Issues
Effects
Previous EIR
Declined
Additions
No Impact
a) Create a significant hazard to the public or
the environment through the routine
transport, use, or disposal of hazardous
X
materials?
b) Create a significant hazard to the public or
the environment through reasonably
foreseeable upset and accident conditions
X
involving the release of hazardous materials
into the environment?
c) Emit hazardous emissions or handle
hazardous or acutely hazardous materials,
substances, or waste within one-quarter
X
mile of an existing or proposed school?
d) Be located on a site which is included on a
list of hazardous materials sites compiled
pursuant to Government Code Section
65962.5 and, as a result, would it create a
X
significant hazard to the public or the
environment?
e) For a project located within an airport land
use plan or, where such a plan has not been
adopted, within two miles of a public airport
or public use airport, would the project result
X
in a safety hazard for people residing or
working in the project area?
f) Impair implementation of or physically
interfere with an adopted emergency
response plan or emergency evacuation
X
plan?
g) Expose people or structures, either directly
or indirectly, to a significant risk of loss,
X
injury or death involving wildland fires?
Rage 10
PlnrlFhn(:i
2ND ADDENDUM TO THE UPTOWN NEWPORT EIR
CITY OF NEWPORT BEACH
5. Environmental Analysis
Comments:
a) Create a significant hazard to the public or the environment through the routine transport, use or
disposal of hazardous materials?
Phase 1
Changes or Additions. Similar to the Approved Project, construction of the ttModified Project would require
the use of hazardous materials such as oil, diesel, fuels, greases, paints, and cleaning materials. However, the
materials used would not be in such quantities or stored in such a manner as to pose a significant safety hazard.
These activities would also be short term or one time in nature. Additionally, the project applicant and
construction contractor would be required to comply with existing federal, state, and local regulations of several
agencies, including the Department of Toxic Substances Control (DISC), the US Environmental Protection
Agency (EPA), OSHA, Caltrans, the Newport Beach Fire Department (NBFD), and the Orange County
Environmental Health Division (OCEMD). ( Compliance with applicable laws and regulations governing the
use, storage, and transportation of hazardous materials would ensure that all potentially hazardous materials
are used and handled in an appropriate manner, and would minimize the potential for safety impacts to occur.
Therefore, hazards to the public or the environment arising from the routine use, transport, or storage of
hazardous materials during project construction would be less than significant.
Operation of the Modified Project would involve use of ot-ily small amounts of hazardous materials for
cleaning and maintenance purposes and the continued use of the existing anhydrous ammonia tank (which is
addressed below). Commercial -grade chemicals would be required to be transported, used, and disposed of
consistent with current local, state and federal laws and regulations of several agencies, including DISC, EPA,
OSHA, NBFD, and OCENID. Compliance with applicable laws and regulations governing the use, storage, and
transportation of hazardous materials would ensure that all potentially hazardous materials are used and
handled in an appropriate manner and would minimize the potential for safety impacts to occur. Therefore,
hazards to the public or the environment arising from the routine use, transport, or storage of hazardous
materials during project operation would be less than significant.
Phase 2
No Impact. No changes to the Approved Project are proposed for Uptown Newport Phase 2. Thus, no impact
related to the routine transport, use, or disposal of hazardous materials would occur.
I [lie F.nvironmcntal I Icalth Division is rile Certified 1'nified Program Agency ((.;I;PA) for the (Iounn of ( )range; the (;ertified
l;nified Program coordinates and makes consistent enforcement of several fedcrtl and state regularions Governing; hazardous
materials. The Newport Beach Fire Deparnncnr is a Participating-\pency in rhe l;I T.\, :ill(] is responsihlc for hazardous materials
disclosure information and business emergency planning.
fit/y 2020 )-w.f)
2ND ADDENDUM TO THE UPTOWN NEWPORT EIR
CITY OF NEWPORT BEACH
5. Environmental Analysis
b) Create a significant hazard to the public or the environment through reasonably foreseeable upset
and accident conditions involving the release of hazardous materials into the environment?
Phase 1
Changes or Additions.
Potential Release of Hazardous Materials
A revised ammonia risk analysis for the existing; ammonia tank at the Towerf azz Semiconductor l acibty and an
Offsite Consequence Analysis "technical Review' Report were prepared based on the updated plans to enclose
the tank by constructing; a room/enclosure (see Appendix :\ and B, respectively). The analysis was prepared to
fulfill a request by the Newport Beach Fire Department to model the potential impact to the proposed adjacent
Uptown Newport residential development in the event of a release from the existing anhydrous ammonia tank
and to review the proposed design that could minimize disruption to 'lowerjazz from a switchover to a new
tank.
The purpose of the revised ammonia risk analysis was to:
■ Evaluate potential releases from the existing 2,230 -gallon anhydrous ammonia tank within an enclosed
building that is located approximately 5 feet from the closest Uptown Newport property boundary and 35
feet from the closest proposed residential building.
■ Conduct updated computer modeling; to determine worst-case' and alterna6ve3 accident release scenarios.
■ Generate ammonia concentration contours widen the Uptown Newport property.
■ Evaluate the risks associated with the explosive potential of ammonia within a proposed confined
enclosure.
The California :\ccidental Release Prevention (CaL\RP) lists a toxic endpoinr defined as the maximum airborne
concentration below which it is believed that nearly all individuals could be exposed for up if) one hour without
experiencing or developing irreversible or other serious health effects or symptoms that could impair an
individual's ability to take protective action. The toxic endpoint for ammonia is 200 ppm. Furthermore, OSI [ A
establishes PHLS, which are the legal limits for exposure of an employee to chemical substances or physical
agents. The P1�.1. value for ammonia is 2i ppm.
phis ineIt] dcI the tnscuatuaeous « Icase t the entire c,tircnt, 4 the critirc .ammonia tank.
:\ssumcs :a hrcak in ncc vapor feed line n, the tang:.
11,�qe 42
2ND ADDENDUM TO THE UPTOWN NEWPORT EIR
CITY OF NEWPORT BEACH
5. Environmental Analysis
The contours of Elie maximum one-hour outdoor ammonia concentrations are shown on Figure 7, Mel,<innun2
Antntonia Tank Conlotrrr al L�lolvn Newporl Pmperh,. The maximum concentration on the Uptown Newport
property for the modified project (with tank enclosure) was 1.06 ppm. It occurs at the southern corner of the
ammonia tank building and only extends about 9 feet from the edge of the tank building. Tlus occurs in a
proposed area of landscaping next to the cul-de-sac. The ammonia concentrations decrease rapidly from the
edge of the ammonia tank building with a maximum outdoor concentration of approximately 0.3 to 0.5 ppm
at the nearest building. The average outdoor ammonia concentration across the Uptown Newport property
was 0.08 ppm. The modeled maximum values are well below the toxic endpoint of 200 ppm and well below
the PEL value of 25 ppm. The maximum values are also below the odor threshold for ammonia of 5 ppm.
The short-term concentrations (e.g., onc-minute averages) were also calculated. The resultant maximum one -
minute outdoor ammonia concentration at the Uptown Newport property would be 4.45 ppm. This would be
below any level of concern and would be just below the range of values for odor perception (5 to 50 ppm) for
outdoor residential occupants.
The proposed ammonia tank room/enclosure would include the following design features
■ Enclosed room sealed against the roof.
■ Liquid containment volume and/or system designed to handle flows from a deluge event
■ Double door in front, with interlock to ammonia detection alarm.
■ Ventilation fan with at least 6 air changes per hour (ACI -I).
■ Sclf-Contained Breathing Apparatus (SC BA) cabinet outside of room
■ Fabricated sump with pump to collect drainage from the deluge event and pump it to the existing acid
waste neutralization system/wastewater treatment arca, which already takes drainage from the existing tank.
The deluge system would activate if an ammonia vapor concentration of 35 ppm is detected within the room.
With these design features, the potential for the accumulation of ammonia -air to reach lower flammability- limits
( ,H,$) and cause a fire or deflagration is minimized.
Even though the impact of an accidental release of ammonia was found to be less than significant with
mitigation, the existing Uptown Newport alarm system and emergency response plan would be activated in the
case of an emergency release so that appropriate response actions can be taken. Contact names and numbers
for the Newport Beach lire Department, on-site operations and maintenance personnel, and the safety officer
of the Towerjazz facility are provided in the emergency response plan. Mitigation measures were included in
the 2013 certified FIR (as shown below) to further reduce impacts to less than significant, and a modification
is proposed to allow the enclosed design for the tank to minimve disruption to'I'ower)azz from a replacement
tank.
1q) ?020 PgSe 4 3
2ND ADDENDUM TO THE UPTOWN NEWPORT EIR
CITY OF NEWPORT BEACH
5. Environmental Analysis
Exposure to Electric and Magnetic Fields
The Modified Project would not introduce new residents to die project site and would not alter any potential
impacts related to the SCG substation or Ei�IPs in comparison to impacts as analyzed in the EIR and the fust
Addendum to the EIR..
Phase 2
No Impact.
Potential Release of Hazardous Materials
During Phase 2 of the approved Project, the ammonia tank would be removed. No changes to the Approved
Project are proposed for Uptown Newport Phase 2.
Exposure to Electric and Magnetic Fields
The SCE substation would be demolished as part of Phase _' development. Additionally, no new development
is proposed in Phase 2 under the Modified Project. Thus, no health risk impacts from EivIFs would occur.
c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or
waste within one-quarter mile of an existing or proposed school?
Phase 1
No Impact. There arc no schools within 0.25 mile of the project site. University of California, Irvine is the
closest school to the project site; however, it is more than 0.2.5 mile from the site. No impact would occur.
Phase 2
No Impact. The analysis under Phase 1 would also apply to Phase 2. No changes to die Approved Project are
proposed for Uptown Newport Phase 2.
d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public
or the environment?
Phase 1
Changes or Additions. The ik[odificd Project would be developed within the same footprint as Phase I of
the Approved Project. Development of die iModificd Project would not introduce new significant impacts or
uTcrease significant impacts. Implementation of the Citt's existing conditions of approval and adopted
mitigation measures from the Approved Project Would continue to minimize impacts to less than significant
levels.
Phase 2
No Impact. No changes to the Approved Project are proposed for Uptown Newport Phase '_. The ammonia
tank would be removed as part of Phase 2 development, "CliuS, 110 impact would occur.
A�ge 44 Nan?
2ND ADDENDUM TO THE UPTOWN NEWPORT EIR
CITY OF NEWPORT BEACH
5. Environmental Analysis
This rine inlenlio nrlly lel? hlan,k.
2ND ADDENDUM TO THE UPTOWN NEWPORT EIR
CITY OF NEWPORT BEACH
5. Environmental Analysis
e) For a project located within an airport land use plan or, where such a plan has not been adopted,
within two miles or a public airport or public use airport, would the project result in a safety hazard
for people residing or working in the project area?
Phase 1
No Impact. The project site is approximately 0.6 mill• fait of John Wayne Airport and is \vithln the airport
environs land use plan (AELUP) for the airport. The site is within the area where building heights are regulated
per Federal r\viation Administration (FAA) Part -- regulations. The highest building permitted onsite is 206
feet above mean sea level (O(.':\LUC 2008). The i'vlodifled Project involves modifications within the'Tow•er)azz
facility and would not affect the implementation of the AELUR No impact would occur.
Phase 2
No Impact. The Modified Project does not propose any changes to the Approved Project for Phase 2. No
impact would occur.
f) Impair implementation of or physically interfere with an adopted emergency response plan or
emergency evacuation plan?
Phase 1
Changes or Additions. The City of Newport Beach has an I"mergency Operations Plan that is implemented
and coordinated by the Newport Beach Fire Department. Storage of construction materials and construction
equipment related to the Modified Project is prohibited on City property, including City streets, without a permit
from the (:in, Public Works Department. Project construction and operation would comply u-ith (:in,
requirements regarding storage on City property, including Cin streets. Construction material and equipment
would not be staged or stored on City roadways. The Modified Project would not interfere with emergency
access to, or evacuation from, surrounding properties, and impacts Would be less than sign=ificant.
Phase 2
No Impact. The Modified Project does not propose ;un- changes to the Approved project for Phase 2. No
impact would occur.
g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death
involving wildland fires?
Phase 1
Changes or Additions. There is no native habitat susceptible to burning in wildland tires on the site. Project
development would not place buildings or structures at Substantial risk from wildland fires, and unpacts would
be less than significant.
Phase 2
No Impact. No changes to the Approved Project are proposed for Phase 2. No impact woldd occut•.
fill) 2020 I i5 -!
2ND ADDENDUM TO THE UPTOWN NEWPORT EIR
CITY OF NEWPORT BEACH
5. Environmental Analysis
5.2.2.3 CONDITIONS OF APPROVAL AND PROJECT DESIGN FEATURES
Conditions of Approval
The following hazards -related Conditions of Approval were included in the certified 1?IR for the project:
The project would be subject to compliance with the Newport Beach Fire Department Guidelines and City of
Newport Beach Fire Code (City \Municipal Code Chapter 9.04). Specific Conditions of Approval pursuant to
these requirements would be specified by the Newport Beach Fire Department, and would include compliance
with the following California lire Code (CFC) requirements:
■ Sections 318.1 (Amendment). \ geololncal study from a state -licensed and deparnnent-approved
individual or firm will be required due to the proximity of the proposed project to a semiconductor
manufacturing facility. [This Condition of Approval is still applicable.
■ Section 2704.1.1 (Amendment). No person shall use or store any amount of extremely hazardous
substances equal to or greater than the disclosable amounts as listed in Appendix A, part 355, Vide 40 of
the Code of Federal Regulation in a residential zone or adjacent to property developed with residential
uses.
For the 2013 Certified EIR, Conlphance to CIC Section 318.1 (Amendment) was assured by Mitigation Measure
-1 (see Section -5.2.2.=1) and compliance with CFC 2'014.1 1 (Amendment) was assured by \Mitigation Measure
(NMNI) --?. T] \fi\-I has been refined for the modified project as shown In the SEETari/bold text in Section
x.22.-4.
The Certified EIR (lid not include any hazards -related project design features (FDPs)
Project Design Features
The ammonia rank enclosure as described for the modified project shall incorporate the following design
features:
■ The addition of interior and exterior walls with doors and ceiling to create an airtight enclosure
■ The modification of the floor to drain to a sump that discharges to the existing acid waste neutralization
system.
■ The installation of emergency controls and ammonia detectors both inside and outside the ne%v enclosure.
■ Two (2) existing emergency shutoff valves are locared between the tank and the production building to
isolate the piping between the tank and the production building. In addition, a third emergency Shutoff
Valve is located at the ammonia tank control panel Immediately outside the proposed enclosure. The
emergency shutoff valves are solenoid valves that close when the amnnonia tank deluge system is activated
and are controlled bs the alarm control panel.
Pr{��d.S Pluitl!"iu)%J
2ND ADDENDUM TO THE UPTOWN NEWPORT EIR
CITY OF NEWPORT BEACH
5. Environmental Analysis
5.2.2.4 ADOPTED MITIGATION MEASURES APPLICABLE TO THE MODIFIED PROJECT
The following \litigation tMeasures were adopted with the project when the FIR was certified in 2013. As
prevlOUSIV noted, none of the tr itigation measures were changed in the Addendum that was approved in 2017.
As shown in strikeout/bold text, the measures below have been refined to adequately mitigate the potential
impacts of the proposed modified project as described in this 2nd Addendum, The recommended changes to
the measures have been incorporated into an updated Mitigation Moliitoring and Reporting Program (NIMRP)
that would be approved in conjunction with approval of this 2nd Addendum. The updated MIMRP also
indicates measures which have already been completed to the City's satisfaction.
-1 In compliance with CFC Section 381.1 (Amendment), prior to issuance of building permits
for Phase 1, the project applicant shall submit a geologic study from a state -licensed and
department -approved individual or firm to the Newport Beach Fire Department Fire
Prevention Division for review and approval (due to the proxlnlltl% of the proposed project to
a semiconductor faciLitv). [completed]
-2 Prior to issuance of any grading building permit for residential buildings within 200 feet
of the anhydrous ammonia tank, Phase 1, the applicant shall perform the following to
satisfy the Newport Beach Fire Department under Section 9.04.400 of Newport Beach
Fire Code _ (which
prohibits the storage of any amount of extremely hazardous substances equal to or greater
than the disclosable amounts listed in Appendix A, Part 3», "Title 40, of the Code of Federal
Regulations in a residential zone or adjacent to propert.y developed with residential uses unless
mitigation measures are implemented and maintained, as required by the fire code
official).-'
• Construct an airtight enclosure around i._, ...n...:..., of a .iew the anhydrous aunmonia
tank (approximately 11.5 feet wide, 22 feet long, and 16 feet high).
..
fts
L,teet:.. ,..tett.,._
..._, ........... ,, ..:._ _:._ldefwater .telt.„sysioen.. i., .,
.._
..
....,...,, .-,, n„ ....::..,...:. .,. ,-�:,... ,. ..,, ..t..�..iri ._.-: ,... :., .« .:.... .. tett.
1,,...f,..,..,�, ,..� ,....,............... ... .......�.. ��._Tru....n.._ arc
Per t:iry of \ewport lieach Dire r :ode tinction 1114. 1 General: The lire code official is herchv aurhorize( I to enforce thv provisions of
this code and ;hall have the ;iuch,)rm to render intcrpnrttions of this code, and ro adopt policies. pnocclAires, rule ;ind regulanons
in order to claril}' the appliciaion of its pro%isions. Such interpntarions, policies, procedures, rules and regulauona shall he in
eumpliana with the intent .mid purposed of this code .incl ;hall not have rhe effect of w:livigl; rcyuirerncnt> spuciticalk. provided for
in this code.
2ND ADDENDUM TO THE UPTOWN NEWPORT EIR
CITY OF NEWPORT BEACH
5. Environmental Analysis
sepoftation
distanees as defhiedby
.
a safe kPGR 2 ;
■ A seismic assessment for the ammonia tank and piping system process conducted
by a qualified engineer per Region I LEPC (Local Emergency Planning
Commission) Guidance for CalARP Program Seismic Assessments.
■ Ensure the proposed ammonia tank enclosure is designed and constructed with
proper ventilation, including:
• Detailed ventilation calculations.
• Emergency back-up power for the ammonia tank.
■ Design and properly size the proposed ammonia tank containment sump and/or
system to contain and/or convey the estimated deluge water and the maximum
amount of ammonia produced.
-3 Prior to the issuance of any type of occupancy permits, the applicant shall demonstrate to
the satisfaction of the (:ity of Newport Beach Fire Department that the following disclosures
and emergency notit7cation procedures/programs are in place:
■ DLScIOSIILC to potential Uptown Newport residences that hazardous chemicals are used
and stored at the adjacent Towerjazz facility.
■ Inclusion of property manager or authorized representative of the [.uptown Newport
residential community to the emergency notification fist of the Towerjazz Business
Urnergency Plan.
■ Program to inform/train the property manager or authorized representative of the
l'ptoN.vn Newport residential communit\ in emergency response and evacuation
procedures and to incorporate ongoing coordination between the Uptown Newport
rcpresenrative and 'l'owverjaz•z. to assure proper action in the event of an accident at the
facility (shelter in place and/or evacuation routes).
■ Upgrade Towerjazz emergency alarm ,ysrem to include concurrent notification to
Uptown Newport residents of chemical release. Pr(lo-Isions of The alarm system and
emergency notification procedure shall be reviewed and approved by the Cin tit Newport
Beach Fire Department.
1 urge SIJ Plice lF'inkj-
2ND ADDENDUM TO THE UPTOWN NEWPORT EIR
CITY OF NEWPORT BEACH
5. Environmental Analysis
4 Prior to the introduction of a new extremely hazardous substance ([MS) or increase in
quantity of any existing L -HS at Tow-erjazz, an updated OCA shall be prepared and reviewed
and authorized by the City of Newport Beach hire Department. An- new 111S shall be
appropriately located and the installation designed with all necessary mitigation sateguards
specified by the City of Newport Beach Fire Department and the Orange County Health
Care Agency.
-5 Prior to the issuance of building permits for development within Phase 1, the project applicant
shall obtain a "No Further Action" declaration or Letter of Allowance for residential
construction for Phase l from the Regional \\%iter Quality Control Board. [completed]
--6 The project applicant shall submit copies of applicable reports and plans as submitted to the
RWQCB for remedial activities within the Phase 2 portion of the project site to the City of
Newport Beach Community Development Department. Such copies shall include remediation
action plans and annual soil and groundwater remediation progress reports.
Prior to the issuance of building permits for development within Phase 2, the project applicant
shall obtain a "No Further .\ction" declaration or Letter of Allowance for residential
construction for Phase 2 from the Re0onal \``-'iter Quality Control Board.
--8 Prior to issuance of demolition permits, the project applicant shall have the following
inspections and assessments conducted for the I lalf Dome building (Phase 1) and Towerjazz
building (Phase 2) and shall provide the Commututy Development Department \vith a copy
of the report of each investigation or assessment.
■ The applicant shall retain a certified lead inspector/assessor to inspect buildings onsite
including any structures at the SCG substation for lead-based paint (I.BP). The
inspector/assessor's report shall describe regulatory requirements for lead containment
applicable to any LBP discovered onsite.
■ The applicant shall retain a licensed or certified asbestos consultant to inspect buildings
onsite including any structures at the SCF, substation for asbestos -containing materials
(-\Ci\I). The asbestos consultant's report shall include requirements for abatement,
containment, and disposal of ACM in South Coast .\ir Quality Nlanagetnent District RUIe
[403.
--9 Prior to the issuance of budding permit, for Phase ? the project applicant shall retain a
registered environmental assessor or other professional qualified to conduct a human health
risk assessment (LII -IRA) of potential volatile organic compound contamination. The 111 -IRA
shall be conducted under the guidance and review of the Regional Water Quality Control
Board. Approval of tentative rracr map(s) for Phase 2 shall not occur until the project applicant
obtains a "No Further Action" declaration or a I.etter of Allowance for residential
construction from the Regional \eater QuaLity Control Board.
..... ---- -- - - -- -
1u11 2020
2ND ADDENDUM i0 THE UPTOWN NEWPORT EIR
CITY OF NEWPORT BEACH
5. Environmental Analysis
10 Prior to issuance of a building permits for Phase 2 development, the project applicant shall
demonstrate to the Communit Development Department that contamination in soil and
groundwater on Phase 2 has been rcnlediated to meet the cleanup goal for the sire for total
volatile organic compounds set by the State Vater Resources Control Board and shall have
obtained a "No Further Action" declaration or Letter of allowance for residential
construction from the Regtional Water Ouahn• Control Board.
-1 l Prior to the issuance of demolition permits for Phase ?, the construction dates for the S(:I_
Substation shall be confirmed. If the facility was constructed prior to the 1980'x, a certified
inspector approved by the City of Newport Beach Fire Department shall be retauud to test
for PCBs and related hazardous materials. If PCBs or other hazardous materials ;ire
determined to be present, a mirigadon program to abate, contain and dispose of the materials
shall be prepared and approved by the City I- rc Department. Such program shall be
unplemented prior Co the issuance of Phase 2 building permits.
5.2.2.5 LEVEL OF SIGNIFICANCE AFTER MITIGATION
The :Modified Project would only result in minor changes or additions in comparison to the approved Project;
with implementation of the updated mitigation measures fisted above, impacts would be less than sisnuficant.
The Modified Project would not have anv reasonabl foreseeable environmental Consequences bc.ond that
analyzed in the L -,'IR and does not change the conclusions of The l�'.l R, Involve new significant effects, or
substantially increase the severity of previously identified significant effects.
5.3 NEW TOPICS UNDER THE 2018 UPDATED CEQA GUIDELINES
This section addresses potential incremental impacts of the Modified Project for the topics of energy and
wildfire, which were introduced with the 2018 update of the Cl.:QA Guidelines.
5.3.1 Energy
5.3.1.1 SUMMARY OF IMPACTS IDENTIFIED IN THE 2013 CERTIFIED EIR
The requirement to analyze energy in environmental checklists as a standalone section did not become effective
until the recent amendments and updates to the sultc guidelines for implementing (:L -:OA, which were approved
by the Office of Administrative Law on December 28, 2018, and became effective January 1, 2019.The Ile updated
CEO.\ Guidelines, which include changes to the CL():\ checklist questions, became effective after the
certification date of the 2013 certified I `IR by the Newport Beach Cit- COuneil.
I [owever, the 2013 certified LHR included an analysis of the Approved Project's impacts on public services or
utilities, Which 111CICtdCICI electricity and natural gas. Specificalh•, the atlah'su was in Section 5. 15, l-'lililies aud.S'en)i e
.S),rloys, of the 2013 certified I'M As concluded in the 2013 certified EAR, impacts to electricity and natural
gas services as a result of development of the Approved Project \vere found to be less than significant. The
updated CL QA guidelines questions in the nca energy section are provided belowand the prior ;analysis (as
applicable) is carried through to this new cnergY section for contest, discussion, and comparison purposes.
2ND ADDENDUM TO THE UPTOWN NEWPORT EIR
CITY OF NEWPORT BEACH
5. Environmental Analysis
5.3.1.2 IMPACTS ASSOCIATED WITH THE MODIFIED PROJECT
Would the project:
a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary
consumption of energy resources, during project construction or operation?
Changes or Additions. Following is a comparison of energy-related impacts associated with the Modified
Project and _lpproved Project.
Construction
The incremental construction energy for the Ntoditied Project relauve to the Approved Project would be
nominal and limited to the energy required to construct a new enclosed room (approximately 11. i feet wide b.%, -
22
y2? feet long and 16 feet high) within an existing building. Impacts would be less than significant.
Operation
The operational phase of the Modified Project would nor require an increase in demand for energy compared
to the -lpproved Project. Therefore, this phase would have no impacts.
b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency?
Changes or Additions. Under the Modified Project, the CXISung anhydrous ammonia tank would ulntinuc to
serve the Toweria-rz manufacturing facility. This modification to the Approved Project would not obstruct a
local plan for renewable energy or energy efficiency.
Therefore, impacts would be less than significant and no mitigation pleasures are necessary. 'There are no
changes or ne%v significant irlformauon that would require preparation of an EIR.
5.3.1.3 ADOPTED MITIGATION MEASURES APPLICABLE TO THE MODIFIED PROJECT
The standalone energy section is nev.- In this AddCndeltll: therefore, no mitigation measures erre Identified in
the 2013 certified EIR and none are required.
Irriy 2020 Pgge Si
Substantial
New
New
Change in
Information
Mitigation or
Project or
Showing
Alternative to
Circumstances
Greater
Reduce
Resulting in New
Significant
Significant
Significant
Effects than
Effect is
Changes or
No
Issues
Effects
Previous EIR
Declined
Additions
Impact
a) Result in potentially significant environmental impact
due to wasteful, inefficient, or unnecessary
consumption of energy resources, during project
X
construction oroperation?
b) Conflict with or obstruct a state or local plan for
renewable energyor energyefficiency?
X
a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary
consumption of energy resources, during project construction or operation?
Changes or Additions. Following is a comparison of energy-related impacts associated with the Modified
Project and _lpproved Project.
Construction
The incremental construction energy for the Ntoditied Project relauve to the Approved Project would be
nominal and limited to the energy required to construct a new enclosed room (approximately 11. i feet wide b.%, -
22
y2? feet long and 16 feet high) within an existing building. Impacts would be less than significant.
Operation
The operational phase of the Modified Project would nor require an increase in demand for energy compared
to the -lpproved Project. Therefore, this phase would have no impacts.
b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency?
Changes or Additions. Under the Modified Project, the CXISung anhydrous ammonia tank would ulntinuc to
serve the Toweria-rz manufacturing facility. This modification to the Approved Project would not obstruct a
local plan for renewable energy or energy efficiency.
Therefore, impacts would be less than significant and no mitigation pleasures are necessary. 'There are no
changes or ne%v significant irlformauon that would require preparation of an EIR.
5.3.1.3 ADOPTED MITIGATION MEASURES APPLICABLE TO THE MODIFIED PROJECT
The standalone energy section is nev.- In this AddCndeltll: therefore, no mitigation measures erre Identified in
the 2013 certified EIR and none are required.
Irriy 2020 Pgge Si
2ND ADDENDUM TO THE UPTOWN NEWPORT EIR
CITY OF NEWPORT BEACH
5. Environmental Analysis
5.3.1.4 LEVEL OF SIGNIFICANCE AFTER MITIGATION
No mitigation measures were identified because all impacts would be less than significant. The Modified Project
would not have any reasonably foreseeable environmental consequences beyond that anahred ul the EIR and
does not change the conclusions of the FIR, involve new significant effects, or substantially increase the severity-
of previously identified significant effects.
5.3.2 Wildfire
5.3.2.1 SUMMARY OF IMPACTS IDENTIFIED IN THE 2013 CERTIFIED EIR
Since preparation of the EIR, (--EQ;\ Guidelines Appendix G has been revised to include a specific section on
wildfire.
5.3.2.2 IMPACTS ASSOCIATED WITH THE MODIFIED PROJECT
Would the project:
Comments:
According to Appendix G of the CE(A Guidelines, a project would nornhalh• have a significant effect on the
environment if located in or near state responsibility areas or lands classified as very high Fire hazard severity
/.OIles.
\\ Ildland fire Protection in California is the responslblhtC 4 the titrate, local, and Federal gm-ernnlenis. In ~tare
Itesponsibilin Areas (SIZA), the gate of California has rhe primary financial respons;dAity for the prevention
Page 5.1 P/a elf"hr( r
Substantial
New
New
Change in
Information
Mitigation or
Project or
Showing
Altemative to
Circumstances
Greater
Reduce
Resulting in New
Significant
Significant
Significant
Effects than
Effect is
Changes or
No
Issues
Effects
Previous EIR
Declined
Additions
Impact
a) Substantially impair an adopted emergency
X
response plan or emergency evacuation plan?
b) Due to slope, prevailing winds, and other factors,
exacerbate wildfire risks, and thereby expose project
X
occupants to pollutant concentrations from a wildfire
or the uncontrolled spread of a wildfire?
c) Require the installation or maintenance of associated
infrastructure (such as roads, fuel breaks,
emergency water sources, power lines or other
X
utilities) that may exacerbate fire risk or that may
result in temporary or ongoing impacts to the
environment?
d) Expose people or structures to significant risks.
including downslope or downstream flooding or
X
landslides, as a result of runoff, post -fire slope
instability, or drainage changes?
Comments:
According to Appendix G of the CE(A Guidelines, a project would nornhalh• have a significant effect on the
environment if located in or near state responsibility areas or lands classified as very high Fire hazard severity
/.OIles.
\\ Ildland fire Protection in California is the responslblhtC 4 the titrate, local, and Federal gm-ernnlenis. In ~tare
Itesponsibilin Areas (SIZA), the gate of California has rhe primary financial respons;dAity for the prevention
Page 5.1 P/a elf"hr( r
2ND ADDENDUM TO THE UPTOWN NEWPORT EIR
CITY OF NEWPORT BEACH
5. Environmental Analysis
and suppression of wildland Fires. SR_\s cover over 31 million acres, for which the State Department of Forestry
and Fire Protection (CAL FIRE) provides a basic level of wtldland Fire prevention and protection services.
l-'irc protection for local responsibility areas (LRA) is apically provided by city fire departments, fire protection
districts, counties, and by CAL FIRF", under contract to local government (Call IRE 2013). CAL FIRI_; is
mandated by California Public Resources Code Sections 4201 to 4204 and California Government Code
Sections 511 75 to 51 189 to identifN: Fire har_ard severity zones for all commui ILies in California. Local
governments accept CM, FIRE'S determination or make other, local determinations.
The project site is in an urbanized area and is outside of the Very I ligh Fire hazard Severity Zone. The project
site is also not in or near an SRA or LRA (OCPB 2020).
If located tit or near state responsibility areas or lands classified as very high fire hazard severity zones, would
the project:
a) Substantially impair an adopted emergency response plan or emergency evacuation plan?
No Impacts. As demonstrated above, the project site is not in or near an SR\ or LRA or lands classified as
lugh Etre hazard severity zones; therefore, no impacts Would occur and no mitigation measures are necessary.
b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose
project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a
wildfire?
No Impacts. The project site is not in or near and SRA or LRA or lands classified as high Fire hazard severity
zones; therefore, no impacts would occur and no mitigation measures arc necessary.
c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks,
emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may
result in temporary or ongoing impacts to the environment?
No Impacts. The project site is nor in or near and SRA or LR\ or lands classified as high fire hazard severity
zones; Therefore, no impacts would occur and no mitigation measures are necessary.
d) Expose people or structures to significant risks, including downslope or downstream flooding or
landslides, as a result of runoff, post -fire slope instability, or drainage changes?
No Impacts. The project site is not in or near and SRA or LR_\ or lands classified as high Fire hazard Seven[,
zones; therefore, no impacts would occur ao nd nmitigation measures are necessary. The property is not located
in downslope, doxnsrream flooding, or landslide areas Thar could increase post -fire slope instability or drainage
changes.
5.3.2.3 ADOPTED MITIGATION MEASURES APPLICABLE TO THE MODIFIED PROJECT
The standalone wildfire section is ne\v in this Addendum; therefore, no mitigation measures would hate been
identified in the 2013 ccrtitiecl I :I R, and none arc rcduired.
/ji# 2020 Prr{r S i
2ND ADDENDUM TO THE UPTOWN NEWPORT EIR
CITY OF NEWPORT BEACH
5. Environmental Analysis
5.3.2.4 LEVEL OF SIGNIFICANCE AFTER MITIGATION
No mitigation measures were identified because all impacts would be less than significant. The IikIociitied Project
would not have any reasonably foreseeable environmental consequences beyond that analyzed in the EIR and
does not change the conclusions of the EIR, involve new significant effects, or substantially increase the severity
of previously identified significant effects.
5.4 MANDATORY FINDINGS OF SIGNIFICANCE
5.4.1 Summary of Impacts Identified in the 2013 Certified EIR
The 2013 certified EIR included analyses on biological resources, cultural resources, all quality; hazards and
hazardous materials and cumulative impacts. For purposes of this Addendum, the Appendix G mandatory
findings of significance are addressed below as to the potential incremental impacts of the Modified Project.
5.4.2 Impacts Associated with the Modified Project
Comments:
a) Does the project have the potential to degrade the quality of the environment, substantially reduce
the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-
sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict
P ei e 56 Placel f Or -A
Substantial
New
New
Change in
Information
Mitigation or
Project or
Showing
Alternative to
Circumstances
Greater
Reduce
Resulting in New
Significant
Significant
Significant
Effects than
Effect is
Changes or
No
Issues
Effects
Previous EIR
Declined
Additions
Impact
a) Does the project have the potential to substantially
degrade the quality of the environment, substantially
reduce the habitat of a fish or wildlife species, cause
a fish or wildlife population to drop below self-
sustaining levels, threaten to eliminate a plant or
X
animal community, substantially reduce the number
or restrict the range of a rare or endangered plant or
animal or eliminate important examples of the major
periods of California history or prehistory?
b) Does the project have impacts that are individually
limited, but cumulatively considerable?
("Cumulatively considerable" means that the
incremental effects of a project are considerable
X
when viewed in connection with the effects of past
projects, the effects of other current projects, and the
effects of probable future projects.)
c) Does the project have environmental effects which
will cause substantial adverse effects on human
X
beings, either directly or indirectly?
Comments:
a) Does the project have the potential to degrade the quality of the environment, substantially reduce
the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-
sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict
P ei e 56 Placel f Or -A
2ND ADDENDUM TO THE UPTOWN NEWPORT EIR
CITY OF NEWPORT BEACH
5. Environmental Analysis
the range of a rare or endangered plant or animal or eliminate important examples of the major
periods of California history or prehistory?
No Impact. As shown in `Fable 2, Envirwuneulal Fcrclorr :\ol.-I&L-led, forbiological resources, cultural resources,
geology and soils, and tribal cultural resources, and discussed throughout this Addendum, the Modified Project
would not change the em.ironmental impacts identified for the approved Project in the 2013 certified lJR
and would not degrade the quality of the environment.
b) Does the project have impacts that are individually limited, but cumulatively considerable?
("Cumulatively considerable" means that the incremental effects of a project are considerable
when viewed in connection with the effects of past projects, the effects of other current projects,
and the effects of probable future projects.)
Changes or Additions. As discussed throughout thus Addendum, the incremental differences of the proposed
modifications under the iNfodified Project to that of the ;\pproved Project would not result in substantial
increases in demands or new significant cumulative impacts. The modifications to the project are not
cumulatively considerable.
c) Does the project have environmental effects which will cause substantial adverse effects on human
beings, either directly or indirectly?
Changes or Additions. As analyzed in Secuon 5.2.1, . Gr Qltalily. and Section .5.2.2, 1-la�ordf aid / la ordolls
.Vfatefzalr, the �IodiFcd Project would not cause substantial aclverse effects to human beings, and impacts would
be less than significant.
Jrrli- 2020 Pae > -
2ND ADDENDUM TO THE UPTOWN NEWPORT EIR
CITY OF NEWPORT BEACH
5. Environmental Analysis
ThisPew inl2nlionally le%! blank.
6. List of Preparers
CITY OF NEWPORT BEACH
Liz Westmoreland, Associate Planner
Kevin Bass, (:irc ,Marshal
PLACEWORKS
JoAnn Hadfield, Principal, Environmental Services
Dina EI Charnmas Gass, PF_, Associate Engineer
Gina Froelich, Senior [?ditor
Cart Nalcama, Graphic Artist
2ND ADDENDUM TO THE UPTOWN NEWPORT EIR
CITY OF NEWPORT BEACH
6. List of Preparers
This p.gge inlenlionaUly /el? blank.
Az.ge 60 Placell"bri;j
7. References
California Department of Forestry and Fire Protection (CAL. MRL:). 2013. Frequently Asked Questions.
haps://answers.callfire.com/hc/en-us/sections/360001189 133-[-'requently-:\stied-Questions.
Newport Beach, City of. 2012, September. Uptown Newport Environmental Impact Report. SC1 I No.
20100 1094. Prepared by The Planning Center I DC&13.
Orange County Public ky`orks (OCPB). 2020, March 3 (accessed). OC Community Developmenr Very High
Fire Hazard Severity Lone ,Map. https://cros.ocgoy.com/goy/pw/cd/building/ttreliazard.asp.
Southern California Edison (SCE). July ,2019. 2018 Power Content Label.
h ttps:/ /w\vw.sce.com/sites/default/ files/inline-files/2018SC1:-'PC1_.pd f.
1rrl; _'0—'0 PitSc / l
2ND ADDENDUM TO THE UPTOWN NEWPORT EIR
CITY OF NEWPORT BEACH
7. References
This rage rnlen/ionally left h1ank.
Page 62 Plttiell ry:la
2ND ADDENDUM TO THE UPTOWN NEWPORT EIR
CITY OF NEWPORT BEACH
Appendix
Appendix A Uptown Newport Risk Analysis for
Existing Ammonia Tank
IV) �'0 2u
2ND ADDENDUM TO THE UPTOWN NEWPORT EIR
CITY OF NEWPORT BEACH
Appendix
This pqqe inlentionally /� t bland:.
1'la�rN�orri�
April 2019 1 Ammonia Tank Risk Analysis
Revised September 2019
Uptown Newport Risk Analysis
for Existing Ammonia Tank
P6 ass o�
�- rz 3r1rq
Pti a. 039541
CIVIL
Revised September 2019
Prepared for:
TSG Parcel 1, LLC
Contact: Brian Rupp, Executive Vice President, Development
2 Park Plaza, Suite 700
Irvine, CA 92614
949, 302.4668
Project No, SHOP -10
A -i
Prep«red by:
PlaceWorks
Contact: Dr Cathleen Fitzgerald, PE, Senior Engineer
3 MacArthur Place, Suite 1100
Santa Ana, California 92707
775.853 8503
info@ placeworks.con,
www.placeworks.com
r
e� PL ACEWORKS
""" pi
c 40 L,
REVISED AMMONIA TANK RISK ANALYSIS
UPTOWN NEWPORT
Table of Contents
1. INTRODUCTION
1.0 PURPOSE
1.1 SIT[--, LOCATION AND PRO JECI-I'DESCRIPTION................................................................
L2 REPORT OBJECTIVES AND iMETI 10DO1,06y ................................................................... .
1.3 RE-,F]--"REN(-L-"S USED.3
2. HAZARD ASSESSMENT ................................................................................................................................ 4
2.0 ANHYDROUS kNUMONIA ("FIARACTERISTR-IS .................................................................... 4
2.1 EXISTING AIMIMONIA STORAGF."I'ANK LOGATTONAND OPF'RATfONAL
SAFF" FY PROVISIONS .... ................................................. .. .. . ............. .................................... .
2.2 AC(.TDEN'I'S(-EN,,\ RIOS — FIXISTING AMMONIA TANK ................................................ 5
".2.1 RMP' Comp Worst -Case Scenario ..................................... ................................................ 5
2.2 .2 R-,NIP"('omp.-\Itern-,itiveRelease Scenario......................................................................... 6
2.2.3 AERj'v1OD Alternative Release Scenario........................................................................... 6
2.3 EXPI,OSIVFPO-I*ENTI--kJ-, OY'ALMi'vIONIA ............................................................................... 9
2.4 SULv[iN,[.- RYAND RI.-"("OiN-fiNI17:ND.-\'t'ioNS
3. REFERENCES .............................................................................................................................................. 13
.1 e plember .20 / 9
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REVISED AMMONIA TANK RISK ANALYSIS
UPTOWN NEWPORT
List of Figures
Figurc 1 Sitc Layout and :kmmonia Tank L.ocauons
Figurc 2 Maximum Ammonia Tank Contours at Uptown Ncwport Property
\ppcndix :\. [tisk :lnalvsis Calculations
SePwIber '01'9
List of Appendices
A-4
Table of Contents
1. Introduction
1.0 PURPOSE
"['his report presents the results of a revised anunon.ia risk analysis for die existing ammonia tank at the
Tower)azz Semicon(iuctor Facility, based on the current plans to enclose the tank by constructing a room within
an existing building. '['his analysis is not part of the Towcrj;izz Rist: rY[anagcment Plan (R�\ P) nor a replacement
for the FUMR which was prepared by F;ORAI (3018). This analysis has been prepared to fulfill a request by the
Newport Beach Fire Deparunent to model potential airborne ammorua concentrations to assess the potential
impact to the proposed adjacent Uptown Newport residential development in the event of a release from the
existing anhydrous ammonia tank.
The report has been prepared for TSG Parcel I, I.LC, who is the master developer for the Uptown Newport
mixed-use project. The project is located adjacent to the'lower)arz Semiconductor Facility, which will continue
to operate during construction and occupancy of Phase I of the project. During Phase 2 of the project, the
Toweriazz facility will be closed and demolished during site clearance activities and the existing ammonia tank
will no longer be operational.
A new ammonia tank installation is currently undernvay at the Towerjazz facility; the tank is located
approximately 200 feet from the proposed residential/mixed use development. However, clue to concerns by
Towerjazz personnel that the switchover to the new tank would require a complex qualification process, -['SG
Parcel I has proposed that the existing ammonia tank be enclosed and utilized for ongoing operations at
Towerjazz.
To minirrnze potential risk to Towerjazz employees and contractors, adjacent commercial users, and future
residents and occupants of the Uptown Newport project during the transition period while the existing
ammonia tank is still in use, it has been decided to enclose the existing ammonia tank within an existing building
to reduce the potential exposure to ammonia emissions. This revised ammonia risk analysis presents the results
of additional modeling to determine the porennal impact of releases from the existing ammonia tank located
within an enclosed building to Uptown Newport occupants.
1.1 SITE LOCATION AND PROJECT DESCRIPTION
The 25 -acre project site is within the Airport Area of the Ulty of Newport Beach, Orange County, California.
It is on the east side of Jamboree Road, between Birch Strect and the intersection of \'on Karman Avenue and
\[acArdutr Boulevard. Phase I of the Uptown Newport project includes a 438 -unit luxury apartment project;
LIP to 1-0 for -sale condominiums; 6,500 ;quare feet of rc•staunutt and retail uses; and a (me -acre public park.
The layout for the Phase l development is shown on Figure I as well as the location of the existing 2,230 -
gallon anunonia tank.
— -- -- --------------
-S . epl
-------- S.epl inGor '0/J PGr ICiu(� • 1'rrGr l
A-5
REVISED AMMONIA TANK RISK ANALYSIS
UPTOWN NEWPORT
1. Introduction
1.2 REPORT OBJECTIVES AND METHODOLOGY
The purpose of this revised risk analysis is to:
■ F"valuate potential releases from the existing 2,230 -gallon anhydrous ammonia tank that is located
approximately 3 feet from the closest Uptown Newport property boundary and 33 feet from the closest
proposed residential building.
■ The analysis will be based on the tank being enclosed within a separate room of the existing building that
houses the existing ammonia tank.
■ Conduct computer modeling using USEPAs RiVIP computer program to determine worst-case and
alternative accident release scenarios.
■ Conduct more sophisticated computer modeling of potential ammonia releases, using the USEP.\
AERTMOD computer model, to generate ammonia concentration contours within the Uptown Newport
property.
■ Evaluate the risks associated with the explosive potential of arnmonla within a conFined building.
As per previous discussions with the Newport Beach Fire Departinent during the preparation of the off-site
consequence analysis (The Planning Center, 2012), the methodology used in ties report includes the following
for each ammonia tank scenario:
■ Worsi-case scenario — analyzed using USEI?•\'s computer model RNIPIComp, nighttime meteorological
conditions (Stability Class F and wind speed of 13 m/sec) and instantaneous release of the entire contents
of the entire ammonia tank.
■ Alternative -case scenario — analyzed using L SE:PAs computer model RIMP'Comp with daytime
meteorological conditions (Stability Class D and wind speed of 3.0 m/sec) and assuming a break in the
vapor feed line to the tank
■ Ammonia concentration contours at the Uptown Newport property from the existing ammonia tank —
analyzed using USEP:\'s _\ERIMOD model, which accounts for site-specitic meteorological conditions and
the release of ammonia within an entirely enclosed building (i.e., volume source)
■ The impact and risks to Phase 1 residential receptors were determined using the toxic endpoint for
anhydrous ariu-nonia of 0.14 nig/I (200 ppm), as specified in the CaLARP regulations. Alternate toxic
endpoints, such as the California PcrinISSIbIC I.?xposure I -units WE:I.$) of 25 ppm for anunonia were also
cvaluarcd.
September _'019
A-6
Pla<,!II'irkj • 11me '
REVISED AMMONIA TANK RSI{ ANALYSIS
UPTOWN NEWPORT
1. Introduction
1.3 REFERENCES USED
The following references were used to develop accident ,cenarlw', and evahfare risk to Occupants of the Phase
I Uprown Newport project:
■ Risk Mznngmenl Prggrrrm Gnidrarrev ❑ Nle C.onsegrreuee ,;l1ra11vir. L'S I'nvirnnmental Protection Agcncv
(USLTA). March 2009. ERA Report No. iio-8-99-0(111.
■ 7 ehauculBeicl::;rorrrrrl r7oeruneralf�rrC)(rrile C'oxs�r�rrerr�z.-Irr,,rl}sirfin•.•lxfiycfrnx.+• .lrnrrmuia,.=tyrr�,rrra _�irrirNrrnire, C:7�lnrrnz,
and SuP,r 0ioxirde. US E RV Lpril 1991)
■ .,lppenelix N; .Vupplemenlal Ri•rk A4anqkvmera1 1'rr{garmr Gwdanee int, lmrrrmaaia R�'? ggearrlion I "Ildli6iej, L ' S I PA, 'M qv
2004.
l4.
= RAH)"Comp. USE PA camputer Model, Version 2.0 1, for perfornu»g offsite consequence analysis required
under L.'SI_ R—Vs Risk ilvlanagcment Program (RMP) rule. ?U 121. Website:
ht unr-w. a. t�►- Dern con nt rm rm tem Jitm
■ ; I�real r ue'rrlinaa l rcr�rrrrroru. flmn.ihJxrrr �. i!_t3r 1. iJ C:nrnpxlerrldndel. 2[1{h.
• Lakes Environmental, 2019. AER;1[00 1 •iew Prfuse Ditpersron Model, 1 'ersion 146.5.
■ Guidelines for Chemical Process Quantitative Risk Ana1ys1s. American Instltutc Of Chemical l•:rtgiuteers,
2000.
Veptendtf-r 2019 P'lazell iirkf • Rage i
A-7
2. Hazard Assessment
2.0 ANHYDROUS AMMONIA CHARACTERISTICS
Anhydrous ammonia is a clear, colorless gas with a pungent irritating odor; its chemical formtila is Nfh.
_-ammonia is easily liquefied by applying low pressure to the confined gas; this form is called anhydrous
ammonia. The vapor density of ammolua is 0.59; therefore, ammonia typically is lighter than air and quickly
disperses into the atmosphere when released. Flow•ever, when large amounts of liquid ammonia are released to
the atmosphere at once, the ammonia is initially cold and heavier than air. When first released from its liquid
storage tank, sunmorua may be visible as a white fog caused by condensed atmospheric moisture.
As a result of ammonia's affinity to water, ammonia gas can be irritating to the eyes, throat, and breathing
passages. Ammonia un either the vapor or liquid state primarily affects the eves, lungs, and skin. Symptoms can
include burning of the eyes, nose, and throat after breathing even small amounts. With higher doses, coughing
or choking may occur. f.?xposure to lvgh levels of anhydrous ammonia can cause swelling of the throat and/or
chemical burns to the lungs. \dost people recover from a single low exposure to anhydrous ammonia without
any delayed or long-term effects. Anhydrous ammonia is not known to cause cancer.
According to the Occuparional Safety and Health Administration (OSI [A), ammonia has an odor detection
threshold of 5 to 50 ppm. The pungent and distinctive Odor of the vapor, even at low concentrations, provides
adequate warning so that no person would voluntarily remain in concentrations which are hazardous.
The California Accidental Release Program (CalARP) lists a toxic endpoint (i.e., a safe distance for analysis) for
ammonia of 0. 14 mg/l, or 200 ppm. The toxic endpoint is defined as the maximum airborne concentration
below wluch it is believed that nearly all individuals could be exposed for up to one hour without experiencing
or developing irreversible or other serious health effects or symptoms that could impair an individual's ability
to take protective action.
The California Occupational Safety and [ Icalth Adnunistration (()Sl [A) establishes permissible exposure limits
(PEL.$), which are the legal limits for exposure of an employee to chemical substances or physical agents. The
PEI. for ammonia is 25 ppm fora time weighted average CINVA) over an 8 -hour exposure period. The short-
rerm exposure limit (S'1"Ea.) is 3.5 ppnn for 15 minutes. 'These limits do nor apply to emergency exposure
situations but I Ive an indication of what levels of ammonia may be of concern.
Vepf.'lvh"r '0/9
A-8
lila ef *i)rk...r • Page -1
REVISED AMMONIA TANK RISK ANALYSIS
UPTOWN NEWPORT
2. Hazard Assessment
2.1 EXISTING AMMONIA STORAGE TANK LOCATION AND
OPERATIONAL SAFETY PROVISIONS
Anhydrous ammonia is currently stored in a 2,23I1 -gallon above -ground pressurized rank located soucheast of
thu Towerjaxi cooling towers (Figmc 1). The storage tank is located within a parriall%r enclosed structure with
three walls and a roof that also contains the acid neutralization tanks for Tovverjazz's wasrewater system.
The proposed plan is to completely enclose the existing; ammonia tank in a separate room that "VOuld he
approximately 1 1.i feet wide, 77 feet long;, and 16 fret high within rhe existing; strucrure. Although the ammonia
tank is about a feet frOm the nearest property bnundary and 33 feet from the closest proposed building of rhe
Uptown Newport project, any release from the rank %VOLIld be constrained by the enclosed structure.
The existing ammonia rank is ctltappcd with the following safety features:
■ Water deluge sprat system that consists of water nozzles above the Lank that effectively knock down any
vapors from an unintentional release
■ Ammonia leak detector that alarms at a concentration o1 —i mg/l and activates the Water deluge %MCm at
37 mg/l
■ Flame detector connected to gas sensor controller
it Pressure relief maivcs, pressure sensors, level indicators, leak sensors, shutoff valves, and ammonia contrell
panel
■ F'xcess floe- r:aIves that au toinadcadh sltut off flow to ncc pipIng ►Item excess flow rates are dcrected in rhe
line
■ 1-:inergency shutoff with remote release cable
■ Diking around tank with drain sump
+ I :►e wash station
■ Ammonia tank monitor and control panel with emergency deluge artivaunn
■ The ammonia tank alarm will be tied to the central alarmsystem of L'prown Newport residences.
2.2 ACCIDENT SCENARIOS —EXISTING AMMONIA TANK
2.2.1 RMP*Camp gorse -Case Scenario
i,vr the ►►torsi -case scenano, the proccdures described in the L,SI:11.% ()U[: guidance drrcitment (1999) we re
used. It was assumed that all the anhydrous ammonia in the tank wii,, released over a period tit 10 minutes -311d
the release took place during worst-case metconilogical conditions (Stability (.:las; I' and wind speed of l.3
m/sec]. The release was modeled using Clic c("nputer program RMP Comp. The worst case
scenario assumes partial credit for release within an enclosed ;race, which was used in this model run, The
ILti1P'L=omp model dc6nes an enclosed space as a I)Lllldlelg, or shed with opening, to the ian,,Ldc and in direct
contact with Outside air. This results in conserrarivr results, since the actual building; will br crmTplcrclr enclosed
and not in direct contact with e,ut;tdC air. I lowever, a completely enclosed budding scenario is nor available in
the 1011" Comp Lnodel.
Sep( vslnr 20 19
A-9
REVISED AMMONIA TANK RISK ANALYSIS
UPTOWN NEWPORT
2. Hazard Assessment
The results, which are provided in Appendix A, indicate that rhe ammonia toxic endpoint of 2011 ppm would
extend approximately 0.9 miles, or =1,572 feet. The nearest outdoor residential receptor in Phase 1 of the
proposed development would be approximately 5 feet from the ammonia storage location. 'therefore,
occupants of the Uptown Newport project could have the potential to be adversely impacted under tlis
conservative worst-case scenario. Worst-case scenarios do not account for the probability of a catastropluc
release occurring. Industry data indicate that the probabilitny of a catastrophic ammonia vessel failure is 3.0 x
10a/near, or once every 33 million years (\darine Research Scientists, 200,).
2.2.2 RMP*Comp Alternative Release Scenario
The USEPA R -VIP and CaL\RP protocols indicate that an alternative release scenario, based on more realistic
assumptions and mitigating measures, can be used to determine potential impacts. For this alternative release
scenario, a break in the vapor feed line from the anhydrous ammonia storage tank was assumed. This is the
same alternative release scenario used in the previous PlaceWorks risk analyses (Planting (-,enter, 2012;
P1aceWorks, 2018).
There is an excess flow valve for the existing tank that is designed ro close when the flow rate from the existing
tank exceeds 9.38 lb/min. Tlis was therefore assumed to be the maximum possible flow rate in the line for the
alternative scenario analysis; actual operating flow rates will be lower than this amount. Based on the presence
Of automated alarms, toxic gas detection systems, ammonia diffusion system, and automatic shutoff valves, it
is anticipated that the duration of any release of ammonia would be much less than one minute. I lowever, a
one -minute release duration was assumed for this hazard assessment.
-['here also is a high-volume water spray system surrounding the tank that is designed to activate upon detection
of ammonia in the atmosphere. The eater spray is intended to intercept the released ammotia vapor and
effectively knock down the plume and convert most of the ammonia into aqueous form for subsequent
discharge to a sump within the building. The control efficiency of die water spray system is estimated to be 90
percent or greater at releases less than 660 lb.min (.UChl-, 2000). Credit can be taken for active mitigation
systems, such as water spray systems and automatic shutoff valves, when evaluating alternarive release scenarios.
The RtN/[P'Comp results for the alternative release scenario, wlich is presented in Appendix A, indicates a toxic
endpoint distance of <0. I mile, or approximately 328 feet. The RMP "Comp model does not calculate distances
of less than 0. l mile. Therefore, to more realistically model potential ammotia releases from the existing tank,
a more sophisticated model, Al -"M\401), was used to l) account for a release of ammonia from an enclosed
building, 2) account for site-specific meteorological conditions over a 3 -year period, and 3) generate anunot a
concentration contours over the entire 1. prawn Newport property.
2.2.3 AERMOD Alternative Release Scenario
Although releases of anhvdrous ammonia are tvpicalh. evaluated using heavy gas models, such as RMP'Comp,
ALOHA, SLAB, or lel•:GADIS, the ncutrall and posirivel buoyant model AFRMOD was used for this
alternative release scenario for the following reasons. The alternative release scenario a55Unll'S a complete
rupture of the one -inch pipe thar is connected to the vapor space of' the anhydrous ammonia tank and extends
into the Touycr)azz facilim The ammonia vapor is fighter rhan air and therefore AFR,NY M can be used to
Srrlember '019
A-10
REVISED AMMONIA TANK RISK ANALYSIS
UPTOWN NEWPORT
2. Hazard Assessment
accurately predict vapor emissions from this release scenario. Also, the heavy gas models tired above do not
have the capability to 1) model a release from inside of a building, 2) use five years of sire -specific
meteorological data to predict worst-case concentrations, or 3) generate ammotua concentration contours
across the site.
The USEPA RNIP Guidance for Offsirc Consequence Analysis (2009) states that for gases liquefied under
pressure, the release can be assumed to be primarily gas if the hole in the head space of the tank is well above
the liquid level or the release is from a pipeline. In these cases, US1-13A guidance states that the release rate from
the hole or pipeline can be assumed to be the release rate to air. If a different alternative release scenario was
evaluated for this report, such as a one -inch hole in the liquid portion of the tank, it could result in a two-phase
dense gas release. However, the release would be contained within the building and the automatic activation of
the water deluge system would "knock down" the vapor/aerosol mixture resulting in a pool of aqueous
ammonia that then would be collected in the sump and processed through the on-site wastewater treatment
system. The amount of ammonia vapor that remains in the air for this scenario could then be modeled as a
lighter than air gas.
The USEPA RMP Guidance also allows for alternative release scenarios to use passive mitigation measures,
such as a release within an enclosed building, and/or active mitigation measures, such as automatic shutoff
valves that would reduce the duration of a release or a water spray system that would reduce the amount of
airborne ammonia vapor. for this alternative release scenario which assumes a complete rupture of the one -
inch ammonia vapor line, the release was assumed to occur within an enclosed building with the excess flow
valve on the pipeline limiting the duration of release. The excess flow valve would close auroma111CAV with a
detected drop in pressure such as a line break. I lowever, for this analysis, the duration of the release was
assumed to continue for a period of one minute. The water deluge SVStem was assumed to result in a 90 percent
reduction in vapor concentrations (AIChI , 199-; USEPA, 2009).
The results of this analsis, which are described in detA in the following paragraphs, are conservative for the
following reasons:
1) The amount of vapor released %vas assumed to be constant over a one -minute period, although
the release rate from the pipeline break would decrease rapidly as die pressure in the line decreases
2) Once the ammonia vapor is released within the building, the model assumes thar the walls of the
building are removed, and the ammonia vapor is freely dispersed into the atmosphere
3) The model does nor account for the building ventilation requirements (i.e., ar least six ar exchanges
per hour) that would result in reduced ammonia concentrations
-l) The reported result in the following paragraphs is the worst-case (i.e., highest) concentration at
the site, based on Live years of site-specitic meteorological data with approximatel' 44,000 hourly
\veather readings. The prevailing %winds ar the site are typically to the northeast and away from the
residential development
S',!p,,e wrr 10 / 9
A-11
P/aceII21in(;.r • I q*- -
REVISED AMMONIA TANK RISK ANALYSIS
UPTOWN NEWPORT
2. Hazard Assessment
AE:RMOD is a USEPA and SCAQMD approved atmospheric dispersion model that accounts for actual
meteorological data and building conditions to estimate chemical concentrations in simple and complex terrain.
Although this model is not typically used in IUMP evaluations because of the detailed weather and terrain inputs
that are required, AERMOD or its predecessor ISC3, have been used for ammonia plume dispersion modeling
Daly et al, 2013; Beck, 200 .).
For this release scenario, the emission rate was estimated to be 0.9=1 Ib/min over a one-hour period, accounting
for the 90%) reduction in ammonia vapor concentrations with the water deluge system. The ammonia vapor
emissions were modeled as a volume source, based on the dimensions of the enclosed room. 'Chis is
conservative, because the AERMOD model assumes that the atnrraonia vapors are mieed within the volume of
the room and then the walls of the room are removed and the vapors disperse into the atmosphere No credit
is taken for ventilation within the room or the fact that the room is totally enclosed.
Meteorological data provided by the South Coast ;kir Quality Management District (SCAQti1D) for the John
Wayne Airport meteorological station (2012-2016) were used to represent local weather conditions and
prevailing winds. According to the wind rose for the John \Rayne Airport Monitoring Station, presented in
Appendix A, the prevailing wild direction in the area of the project site is to the northeast. Therefore, for most
of the time, an accidental release from the ammonia tank would typically be away from the project site.
The AFRIMOD model was run to deternnine the maximum one-hour ammonia concentration over a 3 -year
period of meteorological data. The model accounts for 43,800 different data points during that time period
(acne -hour met data including wind speed and direction) to determine the maximum concentration. The
maximum one-hour ammonia concentration occurred at a specific date and time (i.e., July 29, 2015 at 10:00
am) with the wind at a speed of 0.51 m/sec and blowing to the southeast (i.e., toward the Uptown Newport
receptors). The wind rose for the mIMMILIm one-hour ammonia concentration is provided in appendix A.
The kFIUMOD model also considered the spatial distribution of the release source til relation to the project
site. To accon-modate the model's (:artesian grid format, direction -dependent calculations were obtained by
identifying the l.7niversal Transverse NIcrcator (UTM) coordinates for each source. In addition, digital elevation
model (DEN -1) data for the area were obtained and included in the model runs CO account for complex terrain.
The results of the AUUMOD model run are provided in Appcndix A and summarized herein.
The maxinxun reported one-hour outdoor ammonia concentration on the Uptown Newport property was
reported to be 1.06 ppm. It occurs at the southern corner of the unmonia tank building and only extends about
9 feet from the edge of the building. This occurs in :1 proposed area of landscaping next to rhe cul-de-sac.
The contours of the mXldnlum outdoor anulnonia concentrations are shown on 1-igure 2. The ammonia
concentrations decrease rapidly From the edge of the arnmoma tank building with a maximum outdoor
concentration of approximately 0.3 to 05 ppm at the nearest building. The average outdoor ammonia
concentration across the Uptown Newport property was 0.08 ppm. The modeled maximum values are well
below the toxic endpoint of 200 ppm and %%-ell below the 111:1, value of 25 ppm. The nlasinlum Values are also
below the odor threshold for annmonia <,f 5 ppm.
A-12
REVISED AMMONIA TANK RISK ANALYSIS
UPTOWN NEWPORT
2. Hazard Assessment
Short-term concentrations (e.g., one -minute averages) also were calculated for this analysis. :\ir quahn•
measurements and atmospheric ttirbulcnce theory show that short-term concentrations may fluctuate above or
below the hourly average. The following formula can be used to estimate the nlaXtmtnll short-term
concentration from the hourl\y average value, as a peak to mean ratio:
T1 G2) C7•Z
where for example, if 'C2 = 60 minutes and T1 = l minute, the formula indicates that the peak one -minute
average concentrarion (C 1-1) during a 60 -minute period is equal to 4.2 times the 60 -minute average concentration
(C-1-2). Therefore, the hourly average concentration can be multiplied by 4.2 to represent the maximum, worst-
case one -minute concentration. The resultant maximum one -minute outdoor ammonia concentration at the
Uptown Newport property would be 4.45 ppm. 'Chis would be below any level of concern and would be just
below the range of values for odor perception (5 to 50 ppm) for outdoor residential Occupants.
Another potential concern is the exposure of construction workers to ammonia concentrations due to an
accidental release from the existing ammonia tank. Since the existing ammonia tank is closer to the site anti has
a greater release rate, the worker exposure is focused on this scenario.
Results of the AER -MOD modeling indicate that ammonia concentrations from a release of the existing
ammonia tank nearest to the project site would result in short-term concentrations of much less than 25 ppm
(i.e., one-hour concentration of 1.06 ppm and one -minute concentration of 4.4.5 ppm). Therefore, an accidental
release from the existing ammonia tank would not result in ammonia concentrations that cexdd adversely impact
on-site construction workers.
2.3 EXPLOSIVE POTENTIAL OF AMMONIA
At the request of the Newport Beach fire Department, the potential for ammonia vapors to explode within a
confined space was evaluated. The Department of Transportation (DC)'l) classifies anhwdrOus ammonia as a
non-flammable gas because its temperature of ignition is greater than 1,604; and the ammonia/air mixture
must be between 15 and 28 percent ammonia vapor for ignition. I Iowever, anhydrous ammonia can only burn
in a confined space, not outdoors in the Open Without a supporting flame.
[-however, in order to ignite ammonia, an ignition source with a millinhtim energy of 680 mJ is needed as
compared to methane, propane, and ethane requiring only 0.21-0.26 ml and hydrogen gas requiring Orilv 0.02
mj. The tire process is typically short-lived. After lust a fcw seconds of tire, a certain amount of ox\ -gen in the
room is used up And the arrunonia/atmospheric oxygen balance is no longer flammable. The fire dies out if no
other material is itmited.
The Inrernational Institute of :\tnmonia Refrigeration (11AR) states that the ignition of ammonia -air nuxttucs
can result in a deflagration but will not result in a detonation (IIAR, 2002). A detlagration is a fire in Which a
flame Travels rapidly but at subsonic speed through a gas. \Vhile the action of deflagl'auOtl IS ro push air in front
Of it, objects do nor explode because The rate of combustion is relatively dow F xamples of deflagration include
Internal combusnon engines, natural gas sroves, firelwOrks, and gunpowder in a firearm. The overpressure from
.Veplonber _'01 9 Plitrell `itrF.r • Al
A-13
REVISED AMMONIA TANK RISK ANALYSIS
UPTOWN NEWPORT
2. Hazard Assessment
a deflagration is less than -.25 pounds per square inch (psi). This contrasts with detonation, where an explosion
moves outward at supersonic speed, resulring in the destruction of objects in its path and resulting in shock
waves and overpressure.
It is possible for an ammonia tank to rupture or "explode" due to overfilling or over -pressurization, but this is
a physical explosion rather than the ignition and deflagration of an ammonia -air mixture. \lost incidents in the
literature where ammonia tanks have ruptured or "exploded" involve amnlonia nurse ranks which are found til
outdoor agricultural settings and the tanks were overfilled and/or over -pressurized.
A review of nationwide OSHA ammonia incidents from 2000 to 2018 was conducted to deternune if any
incidents involved the ignition of ammonia -air mixtures within a building resulting in an explosion (OSI I_\,
2019). Of the 266 reported incidents involving ammonia, there were only four cases that included explosions
and nolle of these cases involved the Ignition of ammonia -air mixtures within a building. One case Involved a
flash fire/explosion from an employee cutting into an amnlonia cooling system that had not been purged ,vilh
an acetylene torch. Two cases involved the over -pressurization and explosion of equipment (an ammonia
compressor and a heat exchanger). And the fourth case involved an accident during transfer of ammonia from
a truck to an ammonia nurse tank that resulted in the over -pressurization and explosion of the nurse tank.
For an ammonia -tit deflagration to occur in a confined space, such as the ammonia tank storage building, an
ammonia leaf: must continue for a significant Time period until the flammability limit of 15 percent ammonia
vapor is reached in the confined space Then, there must be an ignition source, which Could be a spark from a
motor or the hear of a welding or curring torch. The subsequent flash fire/deflagration event Could damage
egtupmenc and the building but likely would not result in significant blast overpressures. Adherence to rhe
IIAR-2 (2014) standards for ventilation of amnlonia machinery rooms would prevent the accumulation of
ammonia -air vapors, as described in more detail below. In addition, vapor accumulation would cause the
ammonia sensor in the enclosed ammonia tank room to trigger an ah rm and activate the deluge system, which
would greatly reduce the potential for ammonia -air vapors to accumulate.
The design of the enclosed ammonia tank room will be in accordance with the applicable State and local Codes,
such as II_\R-2 (2014) S'landardl0r Xcye De.rigrr Rei jt,,erafian)'ysleins and the ITAR Guiele/ine_c
%or:'Irnnmaia;l-laa%iraer�- Room I enlilalion. The codes and guidance document require ventilation for the following
ptnrposcs:
• TO purge ammonia vapors from the machinery room in emergency situations to help prevent the
concentration of ammonia from reaching The lo
ver flammability limit (LI I.), Ininumizing the possibility
of a detlagration
• To prevent excessive remperature rise (or limit temperature) in ilio machinery room during normal
operation due to equipment-generared heat
• To provide fresh air for machinery room occupants
•
To maintain rile machinery room under negative pressure
• TO enhance ammonia detector responsiveness.
Che proposed elesign of the anlnu)nia tame romn wyiil include r.he fi,llt,wwulg:
Sepleniber 2019
A-14
REVISED AMMONIA TANK RISK ANALYSIS
UPTOWN NEWPORT
2. Hazard Assessment
• 'locally enclosed room scaled agaithst the roof
• L.iquid cont:unment volume fihr a deluge event
• Double door in front, with interlock to atnmoiva detection alarm
• Separate door at back of room with ladder down to main operation level of process area
• Ventilation fan with at least 6 air changes per hour (ACI 1)
• SCBA cabinet outside of room
• Fabricated sump with pump to collect drainage from the deluge event and pump it to the wastewater
treatment area.
The deluge system will activate when an ammonia vapor concentration of 35 ppm is detected within the room.
With these design features, the potential for the accumulation of ammonia -air to reach I.I I.s and cause a fire
or detlagration is mininuzed.
To confirm that the machinery room would not result in ammonia concentrations that could cause a fire or
deflagration, the ALOHA model was run, assuming night -rime meteorological conditions and a congested
environment (i.e., a building or enclosed room). It was conservatively assumed that the ammonia leak would
continue at a rate of 0.94 lb/min for one hour (i.e., the excess flow rate valve did not shut off flow from the
tank) and the emergency ventilation system did not activate. "Che results, which are provided in appendix A,
indicate that concentrations would not reach the 1_1"I. at any time and therefore, there would be no potential
for a fire or deflagration. 'Che ;U_OI-IA model was also run for another more conservative scenario and assumed
that the water deluge system did not operate, the excess flow rate valve did not shut off, and the emergency
ventilation system did not activate, resulting in a [low rate of 9.4 Ib/min for one hour. The results also indicate
that concentrations within the building would not reach the 114. at anY time and no fire or deflagration would
result.
Vepl niGrr 20 /'l !'l icel [' in;@i PuSr 11
A-15
2.4 SUMMARY AND RECOMMENDATIONS
The results of the revised risk analysis indicate that the estimated a-mmonia concentrations from an accidental
release from the existing ammonia tank witlun an enclosed building would not result in concentrations of
concern at the Uptown Newport property. The maximum outdoor one-hour ammonia concentration was
estimated to be 1.06 ppm and occurred within a small area nest to the ammonia tank building. According to
the Al-AMOD results, this maximum one-hour concentration occurs only one time during a -year period of
hourly meteorological data. It occurs during a period of low wind speed (0.51 Ill/sec) with a wind direction
toward the southeast. As stated previously, these results are conservative because it assumes a release of all of
the ammonia vapor within the room directly into the atmosphere, when in reality the room will be scaled.
The maximum one -minute outdoor ammonia concentration was modeled to be 4.45 ppm and the average
outdoor concentrations across the Uptown Newport property was estimated to be 0.08 ppm. Modeled outdoor
ammonia concentrations are well below the CalARP toxic endpoint of 200 ppm and also are below 8 -hour
OSHA worker exposure levels of 25 ppm. Therefore, a release of ammonia during Phase 1 of the Uptown
Newport project would not pose a risk to on-site construction workers or residential occupants. During Phase
of the project, the Towerjazz facility- would be shut down and the ammonia tanks removed.
Even though rhe impact of an accidental release of ammonia was found to be less than significant, the Uptown
Newport alarm system and emergence response plan will be activated in the case of an emergence release so
that appropriate response actions can be taken. Contact names and numbers for the Newport Beach Hire
Department, on-site operations and maintenance personnel, and the safety officer of the TO'. erlazz facilin" are
provided in an emergency response plan.
V'pl n1her _'01l P!u ,11 or(t; 11,1ge, 12
A-16
REVISED AMMONIA TANK RISK ANALYSIS
UPTOWN NEWPORT
10. References
3. References
American Institute of Chemical I_-,nt�'nee rs (AIChE), 2000. Guidelines /or Chemical Prncesr (in,inlilalive Risk ,4rr,rl1sis.
Second Edi/ion. New York, New York. 750 pp.
AIChl", 199-. Guidelines /ar• Posl-Release Wilrgalrarr 7'echnolgg in the Chemical Pmcess Industry. New York: American
Institute of Chemical Engineers Center for Chemical Process Safety, (COPS). Prepared by Arthur D. Little,
Inc.
Beck, 200-..-Inmronia Release Plume Dijper:rion Ahnlelirrt; Communitp . irvaremes Ernergenq Response. In, Ammonia
Techtucal Manual.
Daly, A., P. %annetti & \-I. Jennings, 2013.: eadenl Recwrslruction and Plume Modeling of an I.'rrpkrnrrer! :=lmnrorria
Release. Published in WIT Transactions on Ecology and The Ftivironment, Volume 174.
EORiM, 2018. Ioruerfal.�..5•emiiourlrrcla• Combined Risk .Lhuraremenl Plan for I _mons Chemical ))sterni: Dated June
2018.
Federal Emergency Management Agency (FEMA), 1989. 1landbook of Chemical I laza-rd Analvsts Procedures.
Prepared by Federal F,mcrgency Management Agency, U.S. Department of Transportation, and U.S.
Environmental Protection Agency. \y'aslungton, DC.
International Institute of _ rnmonia Refrigeration (IIAR), 2002. Guidelines /iu• ; Immonia .Wachlnery Room
11 'nlikrtion. Dated Ione, 2002.
LIAR, 2015. — Slandard for Sale Design of Closed Cirr.nit . Inunonia Re)-i{eralion Syrlenns.
\larine Research Scientists, 200- bOydrousAmmonia Consequence Modeling .-analysis: I.t.•rrhralion o/ an .-h-idenlal
Inhydrous lnmmnia Release /form the Chem -on Biel nvonel Re_lineg and Consequences in the Poinl :Ilolale Ama. Dated
Ianuan- 200�.
Occupational Safety and Health Administration (OSI IA), 2019. Accident Search Results, Ammonia, from
2000 to 2018. Website:
htq)s://w-,v%.osha.goy/pls/in is/accidentsearch.searcli?sic=&sicgrOLIP=&,naics=&acc—clescription=&acc
_abs tract= &acc_Icevword="',)''Ammonia" �)22&inspnr=&fatal=&officet-�-pe=&office=&startmonrh=&sr
artclay=&stare_-e:u=&endmonth=&endday=&endN-car=&kc%-word—lisr=on&P_sort=event dace&p—desc
=ASC
Ehc Planning (.enter, 2012. 01):Sire Conseguenie . In clysis jirr 7nwerJa�� .Sewicr�nrbrclor I rr i/itp. Prepared for the
of Newport Beach, dated August 2012.
File Planning Center/DC&E, 2012. 7�r.lnri<<r/.Ileruorrrnckun, Irlrlilirur rl. irrunrnuia Rocs. Submitted to Kcvin Kitch,
Newport Beach Dire Department. Dated August 23, 2012.
PlaceVorl:s, 2018. . lddenrhmr /o L plrur n Xempii Y Rick.. I nalrrr.r. Dated September 11, 20 18.
A-17
RE+IISEO AMMONIA TANK RISK ANALYSIS
UPTOWN NEWPORT
10. References
US Environmental Prorecuon Agency US ['-,['A), 3)16.:U_t)HA (ArcaI Locations of I Iazar&L[l
Ar�nospheres) cornptlrer model, Version 5.4. at USI :IIA wt. bslWe
1 LVtVW.L' D a. gov emer elicie5 ConIC11[ ca rn co /a lo ha. linto.
U5EP:1, 20II9. Hif�..61Lueqgenlent Pa)4pum {]file C.'sss2quence 111:1ll jig, Officc elf Solid 1Casre :and
Elmergency Response. ERA Report No, 550-11-99-009. Dated aWarch 3{It19.
A- 18
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REVISED AMMONIA TANK RISK ANALYSIS
UPTOWN NEWPORT
SHOPOFF REALTY INVESTMENTS
Appendix A. Risk Analysis Calculations
%1,ir.-b 20/9
A-21
Appendix
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RMP COMP WORST CASE SCENARI❑
OFF-SITE CONSEQUENCE ANALYSIS CALCULATIONS
Anhydrous Ammonia - Worst Case 5cenario
Storage capacity of tank
Maximum fill rate of tank
Maximum volume stored onsite
Density of anhydrous ammonia @ 6OF
Pounds of ammonia stored onsite
No passive mitigation considered for worst-case scenario
Duration of release
Release rate
Wind Speed
Stability Class
Temperature
Toxic endpoint
RMP*Comp - distance to
toxic endpoint of 200 ppm
Distance to nearest residential receptor
Potential impacts to nearest receptor
2,230 gallons
85 %
1,896 gallons
5.15 Ib/gal
9,762 Ib
10 min
976.2 Ib/min
1.5 msec
F
77 F
2OO ppm
O.9 miles
4,752 feet
A-23
S ft
Yes
per OCA guidance
Chemical:
CAS number:
Threat type:
Scenario type:
Physical state:
Quantity released:
Release duration:
Release rate:
RMP*Comp: Results of Consequence Analysis
Scenario Summary
Mar 19, 2019
Ammonia (anhydrous)
7664-41-7
Toxic Gas
Worst-case
Liquefied under pressure
9762 pounds
10 min
537 pounds per minute
Mitigation measures: Release in enclosed space, in direct contact with outside air
Surrounding terrain type: Urban surroundings (many obstacles in the immediate area)
Toxic endpoint: 0.14 mg/L; basis: ERPG-2
Estimated distance to toxic endpoint: 0.9 miles (1.4 kilometers)
ASSUMPTIONS ABOUT THIS SCENARIO
Wind speed: 1.5 meters/second (3.4 miles/hour)
Stability class: F
Air temperature: 77 degrees F (25 degrees C)
A124
RMP COMP ALTE=RNATIVE SCENARIO
OFF-SITE CONSEQUENCE ANALYSIS CALCULATIONS
Anhydrous Ammonia - Alternative Release Scenario
Scenario assumes discharge from rupture of 1 -inch gas line
Flow restricted by excess flow valve
Specifications on excess control valve from vendor - Rego Products
Valve ID - A80130 and A8013D
Vapor flaw rate at 90 psig that trfggers closure 12,510 ftalhr
208.5 W/min
Density of anhydrous ammonia vapor 0.045 Ib/W
Maximum flow rate with Freak in 1 -inch gas line 9.38 Ib/min
Active mitigation considered for alternative release scenario
QRS,, = (1 -FR) x GR
FR = Fractional reduction resulting from mitigation
Control efficiency of water deluge system
QRN, = mitigated release rate (Ib/min)
Duration of release
Wind Speed
Average nighttime temperature - Newport Beach
Relative Humidity (nighttime conditions)
Urban or Rural
Ht of release - conservatively assume same height
as Phase I receptor in multi -story building
RMP'Comp - distance to
toxic endpoint of 200 ppm
90 % AIChE, 1997
0.94 Ib/min
1.00 min time to activate automatic shutoff valves
and water deluge system
1.5 msec
56 F
8D %
Urban
Ground level
X0.1 miles
¢528 feet
A-25
RMP*Comp: Results of Consequence Analysis
Scenario Summary
Mar 19, 2019
Chemical: Ammonia (anhydrous)
CAS number: 7664-41-7
Threat type:
Toxic Gas
Scenario type:
Alternative
Physical state:
Liquefied under pressure
Release duration:
1 minutes
Release rate: 0.94 pounds per min
Mitigation measures: Release in enclosed space, in direct contact with outside air
Surrounding terrain type: Urban surroundings (many obstacles in the immediate area)
Toxic endpoint: 0.14 mg/L; basis: ERPG-2
Estimated distance to toxic endpoint: <0.1 miles (<0.16 kilometers); report as 0.1 mile
ASSUMPTIONS ABOUT THIS SCENARIO —
Wind speed: 3 meters/second (6.7 miles/hour)
Stability class: D
Air temperature: 77 degrees F (25 degrees C)
A 6
WHO ROSE PLOT
John Wayne International Airport
2012-2046
WEST
91SPLAIr
Wind Speed
Flow Vector (blowing to)
NORTH
EAST
WINO SPEED
(MIS)
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M 5.70-8.ao
SOUTH M 3.60-5.70
2.10-3.60
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Calms 3.421
.;C%W.ErJTS '.]ATA PERIOD COMPANY NAME
All Hours Start bate: 111!2012 - 00:00
End Date: 12131!2016 - 23:59
MODELER
','RPLQT View - Lakes Environmemal Sallw are
CALM WN05
rOTAL COWiT
3.42%
43602 hrs.
AVG A1ND SPEED
=]•r:=. �2r) i=;.r Biu
2.43 m/s
3129/2018
A-27
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WIND DIRECTION FOR MAXIMUM ONE-HOUR CONCENTRATION
WND ROSE PLOT DISPLAY
John Wayne International Airport Meteorological Station wind Speed
2015/07129 Hour 10 (10AM-11 AM) Flaw Vector (Mowing to)
WEST
NORTH
102%
81.6%
61.2%
46.8° o
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EAST
619191I:
COKIMENTS DATA PERIOD COMPANY NAME
Max 1 -hr Start Date: 712912015- 10:00
End Date: 712912015 - 10:00
MODELER
'NRPLOT Yaw - Lakes Emironmental Soltwave
WIND SPEED
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.
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2.10-3,5p
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Calms 0.00%
CALM WINOS
TOTAL COUNT
0.00%
1 hrs.
AVG h1ND SPEED
DATE PROJEC? NO
0.51 MIS
4/2/2019 SHOP -10.0
A-29
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AMMONIA TANK BUILDING - DEFLAGRATION 11
Text Summary ALDHA@ 5.4.7
SITE DATA:
Location: NEWPORT BEACH, CALIFORNIA
Building Air Exchanges Per Hour: 0.24 (sheltered double storied)
Time: March 23, 2019 1116 hours PDT (using computer's clock/
CHEMICAL DATA:
Chemical Name: AMMONIA
CAS Number: 7664-41-7 Molecular Weight: 17.03 glmol
AEGL-1 (60 min): 30 ppm AEGL-2 (60 min): 160 ppm AEGL-3 (60 min): 1100 ppm
IDLH: 300 ppm LEL: 150000 ppm UEL: 280000 ppm
Ambient Soiling Point: -28.2° F
Vapor Pressure at Ambient Temperature: greater than 1 atm
Ambient Saturation Concentration: 1,000,000 ppm or 100.0%
ATMOSPHERIC DATA: (MANUAL INPUT OF DATA)
Wind: 1.5 meters/second from N at 3 meters
Ground Roughness: urban or forest Cloud Cover: 5 tenths
Air Temperature: 56° F Stability Class: B
No Inversion Height Relative Humidity: 500
SOURCE STRENGTH:
Direct Source: 0.94 pounds/min Source Height: 0
Release Duration: 60 minutes
Release Rate: 0.94 pounds/min
Total Amount Released: 56.4 pounds
Note: This chemical may flash boil and/or result in two phase flow.
Use both dispersion modules to investigate its potential behavior.
THREAT ZONE:
Threat Modeled: Overpressure (blast force) from vapor cloud explosion
Type of Ignition: ignited by spark or flame
Level of Congestion: congested
Model Run: Gaussian
No explosion: no part of the cloud is above the LEL at any time
A-43
AMMONIA TANK BUILDING DEFLAGRATION -7
NO MITIGATION
Text Summary ALOHA@ 5.4.7
SITE DATA:
Location: NEWPORT BEACH, CALIFORNIA
Building Air Exchanges Per Hour: 0.24 (sheltered double storied)
Time: March 23, 2019 1116 hours PDT (using computer's clock)
CHEMICAL DATA:
Chemical Name: AMMONIA
CAS Number: 7664-41-7 Molecular Weight: 17.03 g/mol
AEGL-1 (60 ruin): 30 ppm AEGL-2 (60 min): 160 ppm AEGL-3 (60 min): 1100 ppm
IDLH: 300 ppm LEL: 150000 ppm UEL: 280000 ppm
Ambient Boiling Point: -28.2° E
Vapor Pressure at Ambient Temperature: greater than 1 atm
Ambient Saturation Concentration: 1,000,000 ppm or 100.0%
ATMOSPHERIC DATA: (MANUAL INPUT OF DATA)
Wind.: 1.5 meters/second from N at 3 meters
Ground Roughness: urban or forest Cloud Cover: 5 tenths
Air Temperature: 56° F Stability Class: B
No Inversion Height Relative Humidity: 50%
SOURCE STRENGTH:
Direct Source: 9.4 pounds/min Source Height: 0
Release Duration: 60 minutes
Release Rate: 9.4 pounds/min
Total Amount Released: 564 pounds
Note: This chemical may flash boil and/or result in two phase flow.
Use both dispersion modules to investigate its potential behavior.
THREAT ZONE:
Threat Modeled: Overpressure (blast force) from vapor cloud explosion
Type of Ignition: ignited by spark or flame
Level of Congestion: congested
Model Run: Gaussian
No explosion: no part of the cloud is above the LEL at any time
A-44
EXHIBIT B
MIT/GAT/ON
MON/TOWNG AND
REPORT/NG
PROGRAM
FOA
UPTOWN NEWPORT
ENVIRONMENTAL
IMPACT REPORT AS
ADDENDED WITH
ADDENDUMS NO.'S
182
SCH NO,
2010051094
prepared �or.
CITY OF NEWPORT
BEACH
Contact:
Liz Westmoreland,
Associate Planner
prepared Gy:
PLACEWORKS
Contact.'
JoAnn C. Hadfield
Principal, Environmental
Services
NOVEMBER 2012,
UPDA TED JUL Y
2020
MIT/GAT/ON
MONITORINGAND
REPORT/NG
PROGRAM
F0J&
UPTOWN NEWPORT
ENVIRONMENTAL
IMPACT REPORT
SCH NO. 2010051094
prepared for.
CITY OF NEWPORT
BEACH
3300 Newport Boulevard Contact:
Newport Beach, CA 92658 Rosalinh Ung
Tel: 949.644.3208 Associate Planner
prepared by
PLACEWORKS
3 MacArthur Place, Suite 1100 Contact:
Santa Ana, CA 92707 JoAnn C. Hadfield
Tel.' 714.966.9220 • Fax: 714.966.9221 Principal, Environmental
E-mail: information@planningcenter.com Services
Website: www.planningcenter.com
CNB -13.0E
NOVEMBER 2012
UPDA TED JUL Y 2020
Table of Contents
Section Paae
1. MITIGATION MONITORING AND REPORTING PROGRAM........................................................1
1.1 PURPOSE OF MITIGATION MONITORING & REPORTING PROGRAM ........................ 1
1.2 PROJECT LOCATION........................................................................................................2
1.3 PROJECT SUMMARY........................................................................................................ 2
Table
Table 1 Mitigation Monitoring Requirements .............
Page
.... 5
L%plat-rr Ncrvport [tiliti,gation klonitoirrrg and Reporlins 1'r•osailli Cry, o/ Nerrport Beach •Page i
Table of Contents
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Page li • Place[Ylorks Nominber 20 12 / Updaled July 2020
1. Mitigation Monitoring and Reporting Program
f, f PURPOSE OF MIT/GAT/ON MONITORING & REPORTING PROGRAM
This Mitigation Monitoring and Reporting Program (MMRP) has been developed to provide a vehicle to
monitor mitigation measures and conditions of approval outlined in the Draft Environmental Impact Report
(DEIR), State Clearinghouse No. 2010051094. The MMRP has been prepared in conformance with Section
21081.6 of the Public Resources Code and the City of Newport Beach monitoring requirements. Section
21081.6 states:
a) When making findings required by paragraph (1) of subdivision (a) of Section 21081
or when adopting a mitigated negative declaration pursuant to paragraph (2) of
subdivision (c) of Section 21080, the following requirements shall apply:
1) The public agency shall adopt a reporting or monitoring program for the changes
made to the project or conditions of project approval, adopted in order to mitigate
or avoid significant effects on the environment. The reporting or monitoring
program shall be designed to ensure compliance during project implementation.
For those changes which have been required or incorporated into the project at
the request of a responsible agency or a public agency having jurisdiction by law
over natural resources affected by the project, that agency shall, if so requested I00%by the lead or responsible agency, prepare and submit a proposed reporting or
monitoring program. 0V
2) The lead agency shall specify the location and custodian of the documents or other
material which constitute the record of proceedings upon which its decision is
based.
The State CEQA Guidelines Section 15097 provides clarification of mitigation monitoring and reporting
requirements and guidance to local lead agencies on implementing strategies. The reporting or monitoring
program must be designed to ensure compliance during project implementation. The City of Newport Beach
is the lead agency for Uptown Newport and is therefore responsible for implementing the MMRP.
The MMRP is comprised of the mitigation measures, which serve to avoid, reduce, and/or fully mitigate
potential environmental impacts. The MMRP has been identified and recommended through preparation of
the DER with additional mitigation measures and modified measures resulting from a Responsible Agency
proposing an alternative or an additional method to mitigate an impact. These additional measures have
been analyzed and would not create any additional significant impacts, but will further lessen impacts
anticipated to occur with implementation of the proposed project. The MMRP has been drafted to meet the
requirements of Public Resources Code Section 21081.6, as fully enforceable monitoring programs.
Uplown lNewporl Miligalion Monitoring and Reporling Pro�raln Cilly of lNewpa/ Beach • Page
1. Mitigation Monitoring and 4epoding Program
The MMRP is comprised of the mitigation program and includes measures to implement and monitor the
mitigation program. The MMRP defines the following for each mitigation measure outlined in Table 1,
Mitigation Monitoring Requirements:
• Definition of Mitigation. In each case, the mitigation measure contains the criteria for mitigation,
either in the form of adherence to certain adopted regulations or identification of the steps to be
taken in mitigation.
• Phasing. As described below in Section 1.3, Project Summary, the proposed project will be
developed in two phases (Phase 1 and 2). In each case, it is noted whether the mitigation measure
is applicable to Phase 1 or 2, or both phases.
Responsible Party or Designated Representative. In each case, unless where otherwise
indicated, the project applicant is the responsible party for implementing the mitigation, while the
City of Newport Beach or a designated representative is responsible for monitoring the performance
and implementation of the mitigation measures. To guarantee that the mitigation measure will not
be inadvertently overlooked, a supervising public official acting as the Designated Representative
is the official who grants the permit or authorization called for in the performance. Where more than
one official is identified, permits or authorization from all officials shall be required.
• Timeframe. In each case, a timeframe for performance of the mitigation measure, or review of
evidence that mitigation has taken place, is provided. The performance points selected are
designed to ensure that impact -related components of project implementation do not proceed
without establishing that the mitigation is implemented or assured. All activities are subject to the
approval of all required permits from local, state, and federal agencies with permitting authority over
the specific activity.
The numbering system provided in Table 3-1 corresponds with the numbering system used in the DEIR.
The last column of the MMRP table will be used by the parties responsible for documenting when
implementation of the mitigation measure has been completed. The ongoing documentation and monitoring
of mitigation compliance will be completed by the City of Newport Beach. The completed MMRP and
supplemental documents will be kept on file at the City of Newport Beach Community Development
Department.
1.2 PROJECTLOCATION
The 25.05 -acre project site is within the Airport Business Area of the City of Newport Beach. It is bounded
by Jamboree Road on the east and is within an area bounded by Birch Street on the north, and Von Karman
Avenue and MacArthur Boulevard on the west. The site is currently developed with light
industrial/manufacturing uses and associated surface parking lots.
1.3 PROJECT SUMMARY
The proposed Uptown Newport project would consist of mixed uses with up to 1,244 residential units,
11,500 square feet of neighborhood -serving retail space, and approximately two acres of park space.
Residential product types would be for -sale and rent with a mix of townhomes, mid- and high-rise
condominiums, and affordable housing. Proposed buildings would range from 30 feet to 75 feet in height;
with residential towers up to 150 feet high. Of the 1,224 housing units, 184 units would be set aside for
affordable housing. Two parks totaling approximately two acres would be developed and accessible to the
public. Vehicular access to the site would be from Jamboree Road, Birch Street, and Von Karman Avenue.
The project would be developed in two phases. Phase 1 would involve demolition of the existing single -
story office building at 4311 Jamboree Road to accommodate approximately 680 residential units, 11,500
Page 2 0 PlaceIrlorks Nouember2012 / Up(laled julJ 2020
1. Mitigation Monitoring and Deporting Program
square feet of neighborhood -serving commercial development, and a one -acre park. The TowerJazz
Semiconductor facility (4321 Jamboree Road) would continue operating during construction and initial
operation of Phase 1. Development of Phase 1 is projected to start in 2013 and be completed in 2018.
Phase 2 would include demolition of the TowerJazz facility and construction of the remaining 564 residential
units and a one -acre park. Timing for Phase 2 would be contingent on the existing lease of the TowerJazz
building, which is currently set to expire in March 2017, but could be extended to as late as March 2027.
The DEIR conservatively assumed that Phase 2 could commence as early as spring 2017 with buildout
through 2021.
This MMRP has been updated to reflect revised mitigation measures as approved in the July 2020
Addendum to the Uptown Newport EIR certified in 2013. The Modified Project analyzed in the Addendum
were limited to a proposed enclosure of, and improvements related to the TowerJazz anhydrous ammonia
tank. The changes to mitigation measures are limited to 5.7. Hazards and Hazardous Materials Mitigation
Measures. The changes are shown in st*eG�Wbold text for ease of reference. An earlier Addendum,
approved in 2017, addressed relocation of the 11,500 SF of retail uses within the project site. That
Addendum did not include any changes to Mitigation Measures.
The project approvals required from the City include: Planned Community Development Plan amendment
and adoption, Tentative Tract Map, Development Agreement, Traffic Study, Affordable Housing
Implementation Plan, Phasing Plan, and Design Guidelines.
UptownNewport �ylitigation Moniloring and Repoili»g Pro�rzua City olNeuporl Bench • Page 3
1. Mitigation Monitoring and Deporting Program
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Pa
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x
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; the foregoing resolution, being Resolution
No. 2020-71, was duly introduced before and adopted by the City Council of said City at a regular
meeting of said Council held on the 28th day of July, 2020; and the same was so passed and adopted by
the following vote, to wit:
AYES: Mayor Pro Tem Brad Avery, Council Member Joy Brenner, Council Member Diane
Dixon, Council Member Duffy Duffield, Council Member Jeff Herdman, Council
Member Kevin Muldoon
NAYS: None
RECUSED: Mayor Will O'Neill
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 291h day of July, 2020.
r
Leilani I. Brown
City Clerk
Newport Beach, California