HomeMy WebLinkAbout17 - Amendment to PSA for the Revised Newport Village Mixed-Use Project (PA2022-0166)Q SEW Pp�T
CITY OF
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z NEWPORT BEACH
<,FORN'P City Council Staff Report
November 29, 2022
Agenda Item No. 17
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Community Development Director - 949-644-3232,
sjurjis@newportbeachca.gov
PREPARED BY: Liz Westmoreland, Senior Planner,
Iwestmoreland@newportbeachca.gov
PHONE: 949-644-3234
TITLE: Amendment No. Three to the Professional Services Agreement with
Psomas for Environmental Services for the Revised Newport Village
Mixed -Use Project (PA2022-0166)
ABSTRACT:
For the City Council's consideration is a request for the approval of a third amendment to
the Professional Services Agreement with Psomas for environmental consulting services
for the Newport Village Mixed -Use Project located at 2000-2244 West Coast Highway
and 2001-2241 West Coast Highway in the Mariners' Mile corridor. The original Newport
Village Mixed -Use Project description was modified and a new design was submitted;
therefore, additional environmental review is necessary to address the changes to the
project. All costs associated with the agreement are paid by the applicant. There are no
costs paid by the City of Newport Beach (City).
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act
(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines
because this action will not result in a physical change to the environment, directly or
indirectly; and
b) Approve Amendment No. Three to the Professional Services Agreement with
Psomas for Environmental Impact Report (EIR) for Newport Village Mixed -Use
Development in an amount not to exceed $555,111, and authorize the Mayor and
City Clerk to execute the agreement.
DISCUSSION:
In December 2017, the Newport Village project, a mixed -use development encompassing
approximately 9.4 acres on the north and south sides of West Coast Highway in the
Mariner's Mile corridor, was submitted to the Planning Division for review. The City
determined that an environmental impact report (EIR) would be required to fulfill the
requirements of the California Environmental Quality Act (CEQA) and prepared a request
for proposals (RFP) to contract with an environmental consulting firm. Five proposals
were received.
17-1
Amendment No. Three to the Professional Services Agreement with Psomas for
Environmental Services for the Revised Newport Village Mixed -Use Project
November 29, 2022
Page 2
In October 2019, the City executed a professional services agreement with Psomas for
the Newport Village project with an amount not to exceed $389,501. Psomas was
selected based on the firm's qualifications, experience, and competitive cost to prepare
the environmental impact report and Kimley-Horn was selected as a sub -consultant under
Psomas' contract to prepare the Traffic Study. Amendment No. One to the contract was
approved in 2020 to include an additional scope of work for Urban Crossroads to prepare
a vehicle miles traveled analysis at a cost of $13,300. The not -to -exceed amount in the
agreement was increased to $402,801. The Applicant submitted payment for the full cost
of the contract. Amendment No. Two was approved by the City in November of 2021 to
update insurance requirements and extend the term of the agreement an additional year,
through December 2022.
From 2019 to late 2021, Psomas and its subconsultants provided environmental analysis
and project management support related to the private development project. Psomas
completed approximately 50 percent of the draft EIR and peer reviewed the technical
reports prior to the project being put on hold in late 2021. Approximately $219,000 of the
original $402,801 contract amount remains unused and would be applied to the amended
contract, if approved.
The original Newport Village project was withdrawn in March 2022 and a new application
for a revised project was submitted in August 2022.
Revised Project
The proposed housing development project has been revised to include a component of
affordable dwelling units in exchange for a 20 percent density bonus, increasing the total
number of residential dwelling units from 122 dwelling units to 198 dwelling units.
Additional revisions include changes in the project's site planning and architecture, public
open space design, and a reduction in non-residential floor area. Staff has determined
that a new environmental impact report will be required to fulfill CEQA requirements.
Table 1 provides a comparison of the original project and the modified project.
Table 1 — Project Comparison
Original Project
Revised Project
Residential Dwelling Units
108 market rate apartments
181 market rate apartments
14 condominiums
9 affordable apartments
17 condominiums
122 units total
198 units total
Floor Area
Residential Floor Area
168,995 square feet
273,710 square feet
Commercial Floor Area
128,640 square feet
63,285 square feet
Non -Residential Land Uses
Office
Office
Boat Sales/Rentals
Boat Rental
Vehicle Sales
Retail
Retail or food service
Restaurant
Parking
827 parking spaces
848 p rking spaces
Height (maximum)
35 feet
35 feet
17-2
Amendment No. Three to the Professional Services Agreement with Psomas for
Environmental Services for the Revised Newport Village Mixed -Use Project
November 29, 2022
Page 3
The existing structures at 2241 West Coast Highway (Amaree's building) and 2244 West
Coast Highway (office building) would remain, while other structures will be demolished
as part of the project.
Staff is recommending that the City Council amend the contract with Psomas to prepare
the necessary work product for the revised project. Psomas is already familiar with the
subject property, the environmental conditions of the site, and many components of the
project description. The primary contact for the original project is still engaged with
Psomas and can serve as the project manager on the new project. Many of the existing
documents can be revised or updated instead of recreating them, resulting in significant
cost savings. If the City were to hire a new firm and process a new contract, all of the
prior drafts and project work would be lost. Lastly, the project will be processed in a
timelier manner due to the firm's familiarity with the project and knowledge of
environmental issues.
FISCAL IMPACT:
The applicant will reimburse the City for the full cost of the agreement with a not -to -exceed
amount of $555,111.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
N()TICIN(.-
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Amendment No. 3 to Professional Services Agreement with Psomas
Attachment B — Conceptual Site Plan
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Attachment A
Amendment No. 3 to Professional
Services Agreement with Psomas
17-4
AMENDMENT NO. THREE TO
PROFESSIONAL SERVICES AGREEMENT
WITH PSOMAS FOR
ENVIRONMENTAL IMPACT REPORT (EIR) FOR NEWPORT VILLAGE
MIXED -USE DEVELOPMENT
THIS AMENDMENT NO. THREE TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. Three") is made and entered into as of this 29th day of November,
2022 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and PSOMAS, a California corporation
("Consultant"), whose address is 555 S. Flower Street, Suite 4300, Los Angeles,
California 90071, and is made with reference to the following:
RECITALS
A. On September 24, 2019, City and Consultant entered into a Professional Services
Agreement ("Agreement") for environmental services for the Newport Village
Mixed -Use Development ("Project").
B. On November 23, 2020, City and Consultant entered into Amendment No. One to
reflect additional Services not included in the Agreement, and to increase the total
compensation.
C. On November 1, 2021, City and Consultant entered into Amendment No. Two to
extend the term of the Agreement to December 31, 2022, and to update the
Insurance Requirements (Exhibit C) to the Agreement.
D. To date, Consultant has performed Services under the Agreement, as amended,
in the approximate amount of $183,747.
E. Due to the extent of revisions and changes to the Project, the services required of
Consultant have changed to the extent that a revised proposal has been prepared
by Consultant, including a revised Scope of Services and revised Schedule of
Billing Rates, to complete the Project, as revised, in an amount not to exceed
$371,364.
F. The parties desire to enter into this Amendment No. Three to amend the Notices
section of the Agreement, extend the term of the Agreement to December 31,
2024, to revise the Scope of Services and Schedule of Billing Rates, and to
increase the total compensation to $555,111.00, comprised of $183,747.00
already incurred in furtherance of the original Scope of Services and $371,364.00
estimated to perform the Scope of Services as revised.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
17-5
1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 31, 2024, unless terminated earlier as set forth herein."
2. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services, attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Exhibit A to this Amendment No. Three, Exhibit A to Amendment No. One,
and Exhibit A to the Agreement, shall collectively be known as "Exhibit A" as set forth in
the Agreement. The City may elect to delete certain Services within the Scope of Services
at its sole discretion.
As of the effective date of this Amendment No. Three, Consultant shall cease to
perform the Services set forth in Exhibit A attached to the Agreement and Exhibit A
attached to Amendment No. One, and shall instead perform only those Services set forth
in Exhibit A attached to this Amendment No. Three. All Work previously performed by
Consultant prior to this Amendment No. Three shall be utilized by Consultant, where
useable and applicable, to fulfill Consultant's obligations under the Scope of Services to
this Amendment No. Three, such that Consultant does not unnecessarily perform Work
previously performed.
3. COMPENSATION TO CONSULTANT
Exhibit B to the Agreement shall be supplemented to include the Schedule of
Billing Rates, attached hereto as Exhibit B and incorporated herein by reference
("Services" or "Work"). Exhibit B to this Amendment No. Three, Exhibit B to Amendment
No. One, and Exhibit B to the Agreement, shall collectively be known as "Exhibit B" as
set forth in the Agreement.
As of the effective date of this Amendment No. Three, Consultant shall cease to
invoice in accordance with the Schedule of Billing Rates attached as Exhibit A to the
Agreement and attached as Exhibit A to Amendment No. One, and shall instead invoice
only in accordance with the Schedule of Billing Rates and attached as Exhibit A to this
Amendment No. Three. All Work previously billed by Consultant prior to this Amendment
No. Three, where such Work remains useable, shall be credited to the Schedule of Billing
Rates to this Amendment No. Three, where applicable. Consultant shall not bill for any
useable and applicable Work previously invoiced.
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Five Hundred Fifty Five
Thousand One Hundred Eleven Dollars and 001100 ($555,111.00), without priorwritten
Psomas Page 2
17-6
authorization from City. No billing rate changes shall be made during the term of this
Agreement without the prior written approval of City."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. Three,
including all reimbursable items and subconsultant fees, in an amount not to exceed One
Hundred Fifty Two Thousand Three Hundred Ten Dollars and 001100 ($152,310.00).
4. NOTICES
Section 25.3 of the Agreement is amended as follows to update the Consultant's
address:
All notices, demands, requests or approvals from the City to Consultant shall be
addressed to Consultant at:
Attn: Alia Hokuki
PSOMAS
5 Hutton Centre Drive, Suite 300
Santa Ana, CA 92707
5. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
6. RECITALS
City and Consultant acknowledge that the above Recitals are true and correct and
are incorporated herein by this reference.
[SIGNATURES ON NEXT PAGE]
Psomas Page 3
17-7
IN WITNESS WHEREOF, the parties have caused this Amendment No. Three to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: l i % 1 `11 z2
BYL4 01(21
a on C. Harp ,�1��►l�a "fla
City Attorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Kevin Muldoon
Mayor
CONSULTANT: Psomas, a California
corporation
Date:
By:
Steve Margaroni
Chief Executive Officer
Date:
Bv:
Nicolas Tarditti
Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Psomas Page 4
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EXHIBIT A
SCOPE OF SERVICES
Psomas Page A-1 17-9
,Newport Village Mixed --Use Development
ATTACHMENT A
SCOPE OF WORK AND FEES
NEWPORT VILLAGE MIXED -USE DEVELOPMENT
October 12, 2022
PROJECT UNDERSTANDING
The Newport Village Project (Modified Project) proposes a mixed -use development on a total of 9.4 acres
on a stretch of the Pacific Coast Highway (West Coast Highway) known as Mariners' Mile. The proposed
Project site is comprised of two parcels: (1) the North Parcel, approximately 5.3 acres, located at 2000-
2244 West Coast Highway; and (2) the South Parcel, approximately 4.1 acres, located at 2001-2241 West
Coast Highway.
The existing development on the Project site includes a mix of retail, marine -related commercial, boat
rental, service uses, offices, and surface parking lots consistent with "highway -oriented retail and marine -
related commercial uses," as characterized in the General Plan. More specifically, the surrounding uses
include the Holiday Inn Express Newport Beach, Boy Scout Sea Base, retail and restaurant businesses,
marine -related uses, Newport Bay, and residential uses on the bluff top above the North Parcel.
The Modified Project consists of the following components:
The residential component of the Modified Project would consist of 198 total residential units
(approximately 273,710 square feet [sfJ), including nine affordable units (5% of the base units)
set aside for very low-income households. With the nine affordable units, the Project is entitled to
a 20% density bonus as well as incentives, concessions, and waivers under both the Newport
Beach Municipal Code (NBMC) and State Density Bonus Law (DBL). Of the 198 total units, the
Project proposes 17 for -sale condominium units (all three -bedroom) and 181 for -rent apartment
units (34 studios, 84 one -bedroom, and 63 two -bedroom).
• The commercial component of the Modified Project would consist of 63,285 sf, including 20,690
gross square feet (gsf) of general retail uses, 22,285 gsf of food and beverage uses
(restaurant/cafe), and 20,310 gsf of office area. Also included in these totals are 8,100 sf of
existing commercial uses to be converted to restaurant and 17,000 sf of existing office to remain.
• The Modified Project would include a total of 848 parking spaces across the North and South
parcels. The proposed spaces exceed the required by the NBMC and DBL, for density bonus
projects. The parking garage would be a total of 358,260 sf.
• The Modified Project would also include approximately 52,746 sf public open space, consisting
of 23,804 sf on the North Parcel and 28,942 sf on the South Parcel. As a public benefit, the
proposed open space intends to facilitate pedestrian movement and connectivity to Newport Bay.
The Modified Project is within the Coastal Zone and thus is subject to the City's Local Coastal Program
(LCP). The Project is located in the City's Sub -Area 6, known as Mariners' Mile, with separate General
Plan and Zoning designations for each parcel. The General Plan land use designation of the North Parcel
is Mixed -Use Horizontal (MU -HI); for Coastal Land Use Plan is Mixed -Use Horizontal (MU-H); and
zoning designation is Mixed Use -Mariners' Mile (MU-MM).
The South Parcel has a General Plan designation of Mixed -Use Water 1 (MU-W 1); a Mixed -Use Water
Related in the Coastal Land Use Plan; and a zoning designation of Mixed -Use Water Related (MU -WI).
RAProposalslNewportWewport Vd1age\Fina1\Scope of WorkISOW Newport Vi11a9e_101222.docx A-1
Scope of !fork
17-10
Newport Village :V&Yed--Use Development
MU-W 1 permitted uses include multi -family residential, mixed -use, and commercial. The zoning
designation of Mixed -Use Water (MU-W 1).
As the Modified Project uses are permitted within the above designations, no amendments to the General
Plan and LCP would be required. To accommodate development of the Modified Project, the following
discretionary actions may be requested: Coastal Development Permit (CDP); Site Development Review;
Tentative Tract Map; Conditional Use Permit (CUP); and Traffic Study pursuant to City's Traffic Phasing
Ordinance (TPO).
The Newport Village Project requests three development standard waivers: 1) Waiver of Minimum
Commercial FAR; 2) Reduce North Parcel Private Open Space Requirement; and 3) Removal of 100-Foot
Residential Setback from WCH for the North Parcel.
In addition to the discretionary actions, the Modified Project requires coordination with Caltrans and the
California Coastal Commission (CCC), as responsible agencies on the Project. Therefore, we are
including additional meetings under Subtask 7.2, as needed, to provide support to the City.
ENVIRONMENTAL ANALYSIS APPROACH
The City of Newport Beach has determined that an EIR prepared in accordance with the California
Environmental Quality Act (CEQA) and the State CEQA Guidelines, would be the appropriate CEQA
document, due to the potential for significant environmental impacts, intense public interest, and the
discretionary approvals required for the proposed development. Psomas concurs with the City's
determination to prepare an EIR for the Modified Project and proposes that a project -specific EIR be
prepared, which "focuses out" those topical issues and environmental checklist questions that may not be
applicable and thus will not require detailed project -specific evaluation. The EIR will focus on the
remaining topical issues that require detailed project -level analysis. The topical issues/checklist questions
to be focused out will be discussed upfront in the EIR document and focused out as stand-alone topical
sections or discussions under checklist questions.
Based on the preliminary findings and Psomas' independent research, a number of stand-alone
environmental topics can be focused out of the EIR. At a minimum, these include Agricultural and Forest
Resources and Mineral Resources.
SCOPE OF ENVIRONMENTAL SERVICES
Psomas strives and succeeds in meeting the agreed upon Scope of Work (SOW), project schedule, and
budget requirements of our clients. To avoid issues pertaining to these elements, the Project Manager will
be responsible for closely monitoring the status of these three key components for this Project. Upon final
approval of the SOW, relevant components will be shared with the appropriate team members as a guide
to full understanding of the required tasks. Any additional task, not included in the approved SOW, will
be discussed with the City to avoid expending budget on an unauthorized task. Below is Psomas' SOW
for the Newport Village Project EIR based on our understanding of the Modified Project and information
provided by the City:
Task 1: Project Initiation
Task 2: Technical Studies
Task 3: Notice of Preparation and Scoping Meeting
Task 4: Draft Environmental Impact Report
Task 5: Final Environmental Impact Report and Related Documents
Task 6: Notices
Task 7: Project Management, Meetings, and Public Hearings
RAProposals\NewportiNewpon VillageTinal\Scope of Work\SOW Newport Vil1age_101222.docx
Scopc of Work
A-2
17-11
Newport Village Mixed -Use Development
TASK 1 PROJECT INITIATION
Subtask 1.1 Kick -Off Meeting
Psomas will attend a Kick -Off Meeting with the City of Newport Beach and Project team members, as
appropriate, including Kimley-Horn and Urban Crossroads, Psomas' traffic subconsultants. This meeting will
provide an opportunity to discuss and/or confirm the approach to preparing the environmental document;
further discuss and define the SOW; discuss the peer review of the Applicant -prepared technical studies; and
identify and discuss the key community issues/concerns. Additionally, the Project schedule will be discussed,
and key milestones will be defined. It is assumed that the Applicant will provide updated Project information.
if available, including an updated Site Plan and technical studies. Psomas will identify information needed
from the City and the Applicant to complete the EIR within one week of the kick-off meeting.
If requested by the City, Psomas will prepare and electronically submit the Meeting Minutes from the Kick-off
Meeting to the City for review and comment. Upon receipt of comments, the Meeting Minutes will be revised
and submitted electronically to the City for distribution.
Subtask 1.1 Deliverables
• Electronic copies (email) of Draft and Final Meeting Minutes (if requested)
Subtask 1.2 Data Collection and Site Visit
Psomas will prepare a Data Needs Request to obtain data related to the Modified Project construction and
operations activities that are needed for the respective technical analyses. Work can typically proceed on those
tasks that are not dependent on forthcoming information. Additionally. Psomas will review existing City
documents that were obtained and researched previously, including but not limited to the City of Newport
Beach General Plan, adopted July 25.2006 (General Plan): Environmental Impact Report General Plan 2006
Update (EIR); 2021-2029 Housing Element. Newport Beach Municipal Code: City's Local Coastal Program
(LCP); and other pertinent documents.
Psomas previously conducted a site visit and photographed the site. Psomas can use the existing information and
photos but may visit the site again to capture any changes that may have occurred.
Subtask 1.2 Deliverables
• Electronic copy (email) of Data Needs Request
Subtask 1.3 Protect Descriation and Environmental Impact Resort Outline
Psomas will prepare an in-depth and detailed Project Description, appropriate for an EIR, based on the
following Project information already provided or to be updated by the City and/or Applicant:
• Approved Project Objectives from the City, presumably developed with input from the Applicant
• Updated Project Site Plan, if available
• Buildings elevations and renderings and anticipated architectural style
• Circulation plan and parking number and locations
• Grading Plan, including earthwork quantities, site cross -sections, and import/export locations
• Landscape and Open Space Plan
• Infrastructure plan and wet and dry utilities
RAProposals\Newport\Newport Village\Final\Scope of WoWSOW Newport Village_ 101222.00cx
Scope of Work
A-3
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Xewport Pillage Mbced-Use Development
• Any other features unique to the Modified Project that would serve to minimize environmental
impacts (such as sustainability components) or that are integral to the analysis of the
environmental impacts
Additionally, Psomas will research and gather data that will serve to provide the setting information for
the Project Description. Upon completion of the Project Description, it will be submitted to the City for
review. The Project Description will be revised to address comments received by the City and will be
submitted back to the City for final review and approval prior to distribution to Psomas' Project team and
subconsultants.
Further, Psomas will prepare an outline for the EIR based on the City's prior EIR documents, as
appropriate, and meeting all requirements of CEQA and State CEQA Guidelines. Upon completion, the
EIR outline will be submitted to the City, for review and comment. The outline will be revised per
comments received from the City and will be finalized and used in setting up the EIR template for the
Modified Project.
Subtask 1.3 Deliverables
• Electronic copy (email) of the Draft and Final Project Description
• Electronic copy (email) of the Draft and Final EIR Outline
TASK 2 TECHNICAL STUDIES
Subtask 2.1 Preparation of Technical Studies
Upon receipt of all requested information, the Psomas Project team will prepare multiple technical
analyses/studies, as identified below in Task 2.1.1 through Task 2.1.6, to support the EIR. As presented
below, the air quality, energy, greenhouse gas (GHG) emissions, historic resources, and noise and
vibration analyses, as well as traffic study are proposed as standalone technical reports that will be
summarized in the respective EIR topical sections and provided in their entireties in the EIR as
appendices.
However, as an option to streamline the process, the technical evaluations, including air quality, energy,
GHG emissions, and noise and vibration, can be incorporated directly into the EIR sections rather than
provided as standalone technical reports. In this case, the computer model runs would be included as EIR
appendices. This approach will be discussed with City staff at the Kick -Off Meeting (Task 1.1).
Subtask 2.1.1 Air Quality and Greenhouse Gas Emissions Analyses
Psomas will review the Modified Project site plans and related Project data and will prepare a Data Needs
Request spreadsheet for the Applicant to provide data relative to phasing; demolition and construction
methods; grading quantities; building energy use; stationary sources; and Project features related to air
quality. Based on information provided, Psomas will draft reasonable worst -case scenarios for anticipated
construction activities (i.e., most intensive phase, type of construction, construction start and completion
dates, anticipated soil export and import, equipment mix) and long-term operations to be used as the basis
of the air quality modeling.
Psomas will conduct the air quality analysis consistent with the South Coast Air Quality Management
District's (SCAQMD's) recommended methods for CEQA analyses and will evaluate the Project's
contribution to regional emissions to the air basin as well as localized concentrations to sensitive uses
proximate to the Project site, which include residential uses to the north and east of the North Parcel site.
For the regional emissions analysis, Psomas will calculate the Project's construction and operational
criteria pollutant regional (mass) emissions using the California Emissions Estimator Model (CalEEMod).
R\ProposaWNewporMewport VIIIage\FinallScope of Work1SOW Newport Village_101222.docx A-4
Scope of {York
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Neivport Village ;Mixed -Use Development
Psomas will also estimate the existing emissions from existing office, retail, and commercial uses on the
Project site to determine the net change in emissions that would result from Project implementation.
Model results will be compared with the SCAQMD's CEQA regional emissions thresholds to determine
the potential for Project related impacts to the air basin's regional emissions.
For the analysis of potential impacts to the local area proximate to the Project site, the SCAQMD requires
that project -related construction emissions be evaluated against the localized significance thresholds
(LSTs). LSTs are used to determine whether sensitive uses near the Project site are exposed to air
pollution that exceeds the ambient air quality standards (AAQS). For the operations phase of the Project,
it is expected that a qualitative analysis will be conducted to demonstrate whether or not the Project
would generate traffic congestion at a major intersection at a magnitude that would cause a local carbon
monoxide (CO) "hotspot". Thus, no dispersion modeling is included in this SOW for CO analysis. Project
area exposure to construction phase toxic air contaminants (TACs) and odors will also be addressed
qualitatively. Additionally, the analysis will include an evaluation of Project conformity with the Air
Quality Management Plan (AQMP) for the South Coast Air Basin (SoCAB). Previous work done for the
modeling of air pollutant emissions for the Original Project will be incorporated into the analysis of the
Modified Project.
Psomas will prepare a greenhouse gas (GHG) emissions analysis. Psomas will calculate construction and
operational GHG emissions concurrently with the air quality emissions using CalEEMod. Psomas will
compare the net change in GHG emissions with criteria that have been recommended by the SCAQMD or
a threshold determined by coordination with City staff. Psomas will also determine whether
implementation of the Project would conflict with applicable State, regional, and City plans, policies, or
regulations adopted for the purpose of reducing GHG emissions.
Mitigation measures that reduce construction and operations phase impacts will be identified, as
necessary. If regional and/or local construction or operations phase emissions exceed the SCAQMD
thresholds of significance, Psomas will work with the City to determine feasible mitigation measures. The
findings will be provided in the Air Quality and Greenhouse Gas Emissions Technical Report, which will
include summaries of pollutant descriptions, pertinent air quality/GHG regulations, local air quality
conditions, Project -generated air pollutant and GHG emissions, and an appendix with supporting
calculations and model results.
Subtask 2.1.1 Deliverables
Electronic copies (email) of the Draft and Final Air Quality and Greenhouse Emissions Technical
Study
Subtask 2.1.2 Energy Technical Analysis/Study
Psomas will prepare an Energy Technical Report for the Modified Project, which would include a
discussion of energy demands, and the Project's proposed energy efficiency measures. The regulatory
setting will include a discussion of the local, State, and federal policies and regulations that apply to the
Project. The discussion of Project related energy demands includes quantification of anticipated energy
consumption from the construction and operations phases. Construction phase energy demand is due to
diesel and gasoline consumption used during the development of the Project. The operations phase of the
Project would consume energy from transportation fuels used for vehicle trips to and from the site; natural
gas for heating needs; and electricity for lighting, devices, and water/wastewater conveyance. The
Project's energy efficiency measures will be discussed relative to the Title 24 building standard
requirements and any additional measures. Mitigation measures, if needed, will be discussed relative to
any measures needed to reduce any significant energy impacts. The results will be provided in an Energy
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Scope of Work
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Aewport Village Mixed --Use Development
Technical Report and will include a discussion of regulatory setting, energy demands, Project energy
efficiency measures, impact assessment, and any necessary mitigation measures.
Subtask 2.1.2 Deliverables
• Electronic copies (email) of the Draft and Final Energy Technical Report
Subtask 2.1.3 Historic Resources
South Environmental, Psomas' subconsultant, will review the Historic Resources Evaluation prepared for
the Original Project, and prepare an updated/supplemental historic resource evaluation report in
consideration of changes made to the designation status of a resource within the Project site. The update
will consider an existing evaluation report that was prepared by PaleoWest. All work described below
will be completed by a qualified architectural historian who meets the Secretary of the Interior's
Professional Qualification Standards.
South Environmental assumes completion of a letter report that provides an update to the original report
in consideration of the change of resource designation status. It is assumed that some supplemental
research will be required, but that no new significance evaluations are required. Should extensive
background or archival research be needed, a budget augment may be required. This SOW assumes that
the PaleoWest report does not require extensive supplemental work.
Subtask 2.1.3 Deliverables
• Electronic copies (email) of Draft and Final Supplemental Report
Subtask 2.1.4 Noise and Vibration Technical Study
Psomas will visit the Project site to identify existing noise sources (traffic along West Coast Highway,
parking lot activities, and boat activity in the waterway) and measure existing noise levels at the Project
site boundaries. At least four short-term noise measurements (20 minutes) will be taken at the boundaries
of the Project site to document existing noise levels proximate to the site.
Psomas will analyze temporary noise and vibration impacts from construction activities and will also
review the Modified Project plans, design, and traffic impact analyses to evaluate operational noise
impacts to sensitive receptors. The Project is anticipated to involve noise sources, which include HVAC
(heating, ventilation, and air conditioning) units and parking lot activities. The analysis will compare
noise impacts with the standards in the City's General Plan and Noise Ordinance.
Mitigation measures that reduce construction and operations phase impacts will be identified, as
necessary. If regional and/or local construction emissions exceed the noise thresholds of significance,
Psomas will work with the City to determine feasible mitigation measures. The results will be provided in
a Noise and Vibration Technical Report and will include summaries of noise terminology, applicable
noise regulations, ambient noise environment, increases in existing noise levels, and an appendix with
supporting calculations. It is assumed that a detailed interior noise analysis for individual residential uses
will not be required and is not included in this SOW. Completed construction noise and vibration
calculations prepared for the Original Project will be incorporated into the analysis of the Modified
Project.
Subtask IL Deliverables
• Electronic copies (email) of the Draft and Final Noise and Vibration Technical Report
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Suhtask 2.1.5 Transportation 1tnpaetAsseavnzen1
As a subconsultant to Psomas, Kimley-Horn and Associates, Inc. (Kimley-Horn) will be retained to
conduct an analysis of potential traffic related impacts of the Modified Project and prepare a Traffic
Impact Analysis (TIA) that will serve as the basis for the Transportation section of the EIR. The TIA will
be prepared in compliance with the City's Traffic Phasing Ordinance (TPO) requirements. Kimley-Horn's
proposed traffic scope is summarized below.
Site Evaluation
Kimley-Horn will conduct a field review of the study area to observe and record current traffic conditions
in the Project vicinity, including the nearby Newport Heights and Cliffhaven neighborhoods. The field
review will include documenting existing site driveways and access; roadway and intersection lane
configurations; inventory of existing bicycle facilities (lanes, striping, sharrows, and signage); traffic
control; posted speed limits; pedestrian crosswalks; transit stops, and on -street parking along the Project
frontage. This information will be documented in the Existing Conditions section of the TIA.
Kimley-Horn will review related documents and Project data provided by the City and Applicant to
supplement the field work. Information would include identifying the anticipated opening year (within 60
months of Project approval), layout of the proposed development plan, existing and proposed land uses
and quantities, proposed site access, including proposed changes to existing site access, parking and on -
site circulation, and other traffic -related site features.
Identification of Traffic Study Area
It is assumed that all available current peak hour traffic data for the TPO Primary Intersections (available
through the City's annual count program) will be provided to Kimley-Horn by the City. Based on
consultation with the City, the TIA will include analysis of the following study intersections:
NEWPORT VILLAGE STUDY INTERSECTIONS
4
Intersection
Jurisdiction
I
Coast Highway and Superior
Newport Beach
Coast Hi hway and Newport Ramp
Newport Beach
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Newport and Hospital
Newport Beach
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Newport and Via Lido
Newport Beach
5
Newport and 32"
Newport Beach
6
Coast Highway and Riverside
Newport Beach
7
Coast Highwayl4ighway and Tustin
Newport Beach
8
Irvine and Dover/191
Newport Beach
9
Irvine and Westeliff/17"
Newport Beach
10
Dover and Westcliff
Newport Beach
11
Dover and 161
Newport Beach
12
Coast Highway and Dover/Ba shore
Newport Beach
13
Coast Highway and Ba side
Newport Beach
14
Coast ffighway and Jamboree
Newport Beach
15
Coast LEghway and Avocado
Newport Beach
16
Coast Highway and MacArthur
Newport Beach
17
Coast Highway and Newport Center
Newport Beach
18
Jamboree and Bison
Newport Beach
19
Jamboree and Eastbluff/Ford
Newport Beach
20
J Jamboree and San Joaquin Hills
Newport Beach
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For budgeting purposes, it is assumed that that new traffic data collection will be required at the existing 7
driveways. If more or fewer study intersections or if different or additional requirements are identified,
adjustments to the scope and fee will be made accordingly. Additionally, Kimley-Horn will collect daily
traffic volumes at up to 20 roadway segments for the air and noise analysis.
Project Assumptions
Project trip generation estimates will be based on the Institute of Transportation Engineers (ITE) Trip
Generation Manual (1 Ph Edition) for those land use categories included in the Manual. Kimley-Horn will
calculate trip generation estimates before any adjustments for existing uses, pass -by, or internal capture,
for the proposed uses.
As appropriate, the trips associated with the existing, active uses to be removed will be determined
through driveway counts and will be deducted from the proposed Project trip generation, to determine the
Project's future net new trip generation. Pass -by and internal capture adjustments will also be applied, as
appropriate, and in accordance with discussions with City staff.
Kimley-Horn will develop trip distribution and assignment assumptions for the Project traffic based on
likely origins and destinations of Project residents, employees, patrons, and visitors. The trip assignment
assumptions will also account for changes to existing trip patterns that would be associated with existing
uses to be removed and the integration of the proposed development. All Project trip generation and trip
distribution assumptions will be provided to the City for review and concurrence prior to proceeding with
the TIA.
The TIA will evaluate the following scenarios:
• Existing Conditions
• TPO Analysis
o One Year after Project Opening without Project: Existing + Growth + Approved Projects
o One Year after Project Opening: Existing + Growth + Approved Projects + Project
Because the proposed Project is consistent with General Plan land use designations, the evaluation of
General Plan buildout without and with the proposed Project is not assumed.
Analysis Methodologies
Kimley-Horn will analyze Newport Beach intersection operations using the Intersection Capacity
Utilization (ICU) methodology, consistent with TPO requirements. The TIA will address any potential
Project impacts to Congestion Management Program (CMP) intersections consistent with the County's
CMP Traffic Impact Analysis Requirements. Additionally, Urban Crossroads will prepare a Vehicle Miles
Travelled (VMT) analysis.
Intersection Evaluation. Kimley-Horn will obtain information regarding any committed roadway or
intersection improvements planned to be completed within one year of the Project opening. They will
develop peak hour turning movement forecasts for one year after the Project opening for the study
intersections.
Traffic Phasing Ordinance Evaluation. Kimley-Horn will obtain from the City information regarding the
TPO Approved Projects, including project trip generation and distribution from approved traffic studies.
For Approved Projects for which an approved study is not available, Kimley-Horn will develop trip
generation and trip distribution assumptions. The TPO 1 % analysis will be prepared to first determine
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whether the proposed Project's trips would increase traffic volumes for any leg of a Primary Intersection
by l percent or more during either the AM or PM peak hour. For each intersection where the Project
traffic would exceed the 1 percent threshold, a Level of Service analysis will be prepared.
If needed, measures will be presented to mitigate the Project impacts at the study locations. The resulting
Level of Service with implementation of proposed mitigation will be presented. Where mitigation is
required, a conceptual drawing of the recommended improvement will be provided. This SOW assumes
mitigation concept plans (non -engineered plans) will be prepared for up to three study intersections; this
includes preliminary cost estimates and Project contribution percentages for each of the mitigated
intersections.
In addition to Project buildout conditions, Kimley-Horn will provide a discussion of construction phase
traffic issues, including debris haul and construction material truck movements, likely haul routes,
construction crew parking, hours of construction, and the requirement for the preparation of a
Construction Area Traffic Management Plan. The evaluation of construction traffic will be conducted for
the Project construction (one worst case phase). The number of truck trips may be limited by the City
during the summer to avoid conflicts with beach and tourist traffic.
Vehicle Miles Travelled
CEQA requirements for analyzing transportation/traffic impacts under vehicles miles travelled (VMT) are
in accordance with Senate Bill 743 (SB 743). The City's VMT analysis methodology is supplemented by
the City SB 743 VMT Implemenlation Guide, dated April 6, 2020, the General Plan, Coastal Land Use
Plan, and Newport Beach Municipal Code.
Kimley-Horn understands that Urban Crossroads will be providing VMT modeling and analysis for the
Project, and Kimley-Horn will summarize and include their VMT analysis results in the TIA. Kimley-
Horn will assess opportunities to reduce Project related VMT below regional thresholds using current
CAPCOA mitigation strategies and elasticities. Kimley-Horn will include a section in the report that
addresses VMT mitigation and coordinate with Project team and the City to identify feasible VMT
mitigation strategies.
Access and Parking
In addition to traffic study area intersections, the TIA will evaluate the proposed access provisions for the
Project on West Coast Highway. The site currently has three driveways on the north side of West Coast
Highway and four driveways on the south side. Full turning movements are allowed in and out of each
driveway, facilitated by a striped median with a two-way left -turn lane on West Coast Highway. The
conceptual site plan, dated June 24, 2022, reflects one full -movement driveway with an inbound right -
turn pocket for the north parcel uses. For the south parcel, the plan shows one full -movement driveway,
and two exit -only driveways, one for the parking and one for emergency vehicles. On -site circulation and
queuing, and traffic queues at any gated entrances will be analyzed. A signal warrant analysis will be
conducted for the main driveway intersection.
Based on the Project plans, parking will consist of a combination of surface and garage parking on both
the North and South Parcels. Open parking will be provided as both surface parking and in a portion of
the garages. Other garage parking will be designated as residential and as office parking. Vehicular
circulation through the on -site drive aisles and parking areas will be evaluated.
Additionally, Kimley-Horn will evaluate the Project's potential impact on public parking. On -street
parking is currently allowed on both sides of West Coast Highway along the Project frontage, some
specifically indicated with pavement markings (parking T's) and some unmarked. With the existing
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driveway locations and red curb marking. there is capacity for approximately 12 parked cars on the north
side of West Coast Highway and 13 parked cars on the south side. Maintenance of public parking, even in
the form of on street parking, is important in upholding the Coastal Act's goals of maintaining public
access to the coast. Kimley-Horn will identify and evaluate the before -and -after on -street public parking
supply along the Project frontage.
Subtask 11.5 Deliverables
• Electronic copies (email) of the Draft and Final TIA
Subtask 2.1.6 Vehicle Miles Traveled Modeling
As a subconsultant to Psomas, Urban Crossroads will be retained to conduct a Vehicle Miles Traveled
(VMT) modeling. The modeling scope will result in VMT/capita (for the residential portion of the
Project) and VMT/employee (for the non-residential portion of the Project) for use by others in analysis to
satisfy the City of Newport Beach VMT Guidelines (adopted in 2020). Urban Crossroads' proposed
modeling scope is summarized below.
1. Evaluate factors such as Project population and employment characteristics and access provisions
needed for modeling inputs.
2. Develop Newport Beach Transportation Model (NBTM) input data to represent the Project.
3. Perform NBTM run of existing model with Project and extract VMT information.
4. Calculate the Project generated VMT/capita for residential portion of the Project and
VMT/employee for the non-residential portion of the Project via the current NBTM.
5. Summarize the modeling results in a letter report. which can then be attached to the full VMT
assessment prepared by others.
6. Interface with Project team by teleconference. as necessary.
7. Respond to comments by the City technical staff members.
Any changes to the Project plans once the VMT modeling effort has begun, will constitute additional
services and will require a budget augment and an adjustment to the Project schedule. Additionally, VMT
will be evaluated for each component independently: residential by VMT/capita, office by
VMT/employee, and retail by total VMT (unless exempt because it is less than 50.000 square feet and
locally serving).
Subtask 2.1.6 Deliverables
• Electronic copies (email) of the Draft and Final VMT Modeling Letter Report
Subtask 2.2 Peer Review of Existing Technical Studies
As discussed with the City. a number of technical studies (i.e.. Lighting Report. Cultural/Paleontological
Resources Report; Coastal Hazards; Bulkhead Conditions Report: Phase l and 2 Environmental Site
Assessments; Geotechnical Study: Hydrology Report: Preliminary Water Quality Management Plan
[PWQMP]; Sewer and Water Analyses Reports; Storm Water Pollution Prevention Plan [SWPPP]; and
View Simulations) have been prepared by the Applicant for use in the environmental analyses in the EIR.
Psomas will conduct a peer review of these studies for adequacy and compliance with CEQA
requirements. If any of the studies is deemed inadequate. a recommendation for additional analysis will
be provided.
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We understand that additional studies, including Parking Study. Parking Management Plan, Marine
Biological Resources. and Biological Resources Study, are required and may be prepared by the
Applicant's consultants. It is assumed that upon completion, they will be provided to Psomas for use in
the EIR. Psomas will peer review the said studies, as proposed above.
Subtask 12 Deliverables
• Electronic copies (email) of the Peer Review Memoranda
TASK 3 NOTICE OF PREPARATION AND SCOPING MEETING
Subtask 3.1 Draft and Final Notice of Preparation
It has been determined that an Initial Study will not be prepared for the Modified Project. Psomas will
prepare a Draft Notice of Preparation (NOP) for review by the City. The NOP will provide an overview
of the Project; Project objectives; alternatives to be evaluated; and expected permits required for Project
implementation. The NOP will also serve as a Scoping Meeting Notice.
Psomas will submit an electronic copy of the Draft NOP to the City for review. Upon receipt of
comments from the City, Psomas will revise the NOP and prepare a Final NOP for the City's approval
prior to public review. Psomas will distribute the Final NOP to public agencies and interested individuals
based on a distribution list prepared by the City with input from Psomas. Psomas will file the NOP in
addition to a Notice of Completion (NOC) with the Orange County Clerk -Recorder and post on the State
Clearinghouse (SCH) website. Psomas will submit eight hard copies of the Final NOP to the City. For
noticing, please see Task 6.
Subtask 3.1 Deliverables
• Electronic copy (email) of Draft and Final NOP
• Eight hard copies of the Final NOP for the City
• Distribution of the NOP to public agencies
Subtask 3.2 Scoping Meeting
Psomas will prepare for and attend an EIR Scoping Meeting during the 30-day review of the NOP. It is
assumed that the City will coordinate and organize the Scoping Meeting at a venue selected by the City.
Psomas will attend and participate in the meeting, as appropriate. If requested by the City. Psomas will
describe the environmental process to be followed in preparing the EIR for the Modified Project.
Comments and issues to be addressed in the EIR will be requested from meeting attendees. This SOW
assumes that Psomas will prepare Scoping Meeting materials (i.e., handouts, sign -in sheets, comment
cards/sheets). However, it is assumed that display boards showing Project features and details will be
provided by the Applicant. If requested by the City, Psomas can prepare a PowerPoint presentation for the
Scoping Meeting. Psomas will prepare a summary of the meeting for inclusion in the EIR and will ensure
that the issues raised at the meeting are addressed in the Draft FIR document, as appropriate. However. a
standalone Scoping report is not assumed to be required.
Subtask 3.2 Deliverables
• Scoping Meeting Attendance
• Scoping Meeting Materials (i.e., handouts, sign -in sheets, comment cards from meeting
attendees)
• PowerPoint presentation (if requested by City)
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TASK 4 DRAFT ENVIRONMENTAL IMPACT REPORT
Subtask 4.1 Administrative Draft Environmental Impact Report I (Draft 1)
Psomas will prepare the Administrative Draft EIR I in accordance with CEQA. the State CEQA
Guidelines, and pertinent case law. The analysis will be based upon the NOP comments received;
community and agency input received at the Scoping Meeting; technical evaluation of the Modified
Project; and available and pertinent data. The analysis assumes the Project will comply with all applicable
federal and State laws and regulations and the City of Newport Beach Municipal Code. The EIR text will
be supplemented by exhibits and graphics to enhance and support the analysis and findings. Upon
completion, the Administrative Draft EIR I and technical appendices will be electronically submitted to
the City for review and comment. Psomas' approach to preparing key sections of the EIR is provided
below. It should be noted that the following key sections will be organized per the final EIR outline with
input from the City, as described in Task 1.3. This SOW assumes two rounds of review of the
Administrative Draft EIR (I and 11).
E.recutive Summary
Psomas will prepare the executive summary section upon completion of all other EIR sections to present
the final and updated information. This section will summarize the Project Description, impacts, and
mitigation measures. The summary will also discuss the location, areas of controversy and issues to be
resolved, and Project alternatives.
Introduction
This section will include a description of the purpose of the EIR, public Scoping and circulation, and
required contents of the EIR.
Project Description
Psomas will work closely with the City and Project team members to prepare an in-depth description that
articulates the characteristics and overall objectives of the Project (see Task 1.3). The Project Description
will include, but not be limited to, the Project History: intended uses of the EIR/Project approvals; EIR
focus and effects found not to be significant: Project location. Project characteristics: and Project goals
and objectives.
Environmental Analysis
Each topical EIR section will contain a discussion of the existing conditions on the site and in the Project
vicinity; a summary of the regulatory framework; identification of significant environmental effects
anticipated for each environmental issue; and mitigation measures, if required. Thresholds of significance
will be stated in each topical section to enable the reader to understand the analytical process used to
identify potential Project impacts and, unless otherwise directed by the City, will be taken from the State
CEQA Guidelines. For each topical issue, the EIR will identify the level of significance prior to and after
mitigation. based on the established thresholds.
Establishing a nexus among the Project -specific and cumulative impacts and the suggested mitigation
measure(s) is critical. Psomas will differentiate among features of the Project (Project Design Features
[PDFs]) that serve to partially or completely mitigate potential impacts; regulatory requirements (RRs,
e.g., City of Newport Beach requirements, building, and energy codes): and "conventional" EIR
mitigation measures (MMs). PDFs will be identified in the Project Description and then described in the
impact discussion for each relevant topical section to specify how the design feature could "prevent or
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lessen" a significant environmental impact. These PDFs, RRs, and MMs require monitoring to ensure that
they are implemented. Measures in each topical section will be grouped according to impact category and
will include measures for direct and indirect impacts. Project effects that cannot be mitigated to a level
considered less than significant will be identified.
The topical issues that are expected to be evaluated in the respective EIR sections and the scopes of the
analysis are identified below.
Aesthetics. This topic will be evaluated in the Project EIR due to proposed changes to the visual
character of the Project vicinity, even though the uses are consistent with the General Plan and
Zoning designations. The proposed Project EIR will assess the potential visual changes in
comparison with the existing views of the site and surrounding viewshed, and in light of the
proposed residential building heights compared to the existing conditions. The analysis will include
an assessment of the anticipated effects on public viewsheds and the potential degradation of the
visual character associated with the proposed Project. The visual simulations and photographs of
the site will be incorporated into the discussion and analysis in the Aesthetics section of the EIR.
Additionally, potential impacts emanating from the changed light and glare associated with the
Modified Project will be analyzed using the Lighting Report prepared by the Applicant's
subconsultant. It is assumed that the Lighting Report will evaluate exterior lighting impacts based
on light trespass and glare. If potential significant impacts are identified, Psomas will recommend
mitigation measures to address those impacts. Additionally, if requested by the City, Psomas can
prepare a shade and shadow study on a time -and -material basis.
Agricultural and Forestry Resources. The Project site is designated as Urban and Built-up Land
on the California Department of Conservation's Important Farmland Mapping and Monitoring
Program (FMMP). The site is developed and not used or zoned for agricultural purposes; it is not
subject to a Williamson Act Contract; and it does not contain Prime Farmland or Farmland of
Statewide Importance. Additionally, no forest land occurs on the Project site or in the surrounding
area. This topic will be discussed up front in the EIR and focused out of the EIR as a stand-alone
topical section.
• Air Quality. The Air Quality Technical Study (Task 2.1.1) will be summarized into the Air
Quality section of the EIR, and the study will be included as an appendix to the EIR.
Biological Resources. The Project site is within a highly developed area of the City. The only
vegetation on the site consists of ornamental landscapinglplants, and the site does not appear to
support habitat for special status biological resources. It is anticipated that a Marine Biological
Resources Assessment and a Biological Resources Study will be prepared by the Applicant's
subconsultant and provided to Psomas. The studies will be reviewed by Psomas' senior biologist
and summarized in the Biological Resources section of the EIR, and the studies will be included
as appendices to the EIR. The SOW does not include any resource related field survey or
assessment, focused surveys, and a jurisdictional delineation.
Cultural Resources. The findings of the Cultural/Paleontological Resources Report, to be
prepared by the Applicant's subconsultant, will be reviewed and summarized in the Cultural
Resources and Geology and Soils (for Paleontological Resources) sections of the EIR. The
Cultural Resources section will include standard resources information and associated
regulations, a discussion of the Project's cultural context, and the results of the assessment. If
potential significant impacts to resources are identified, Psomas will recommend mitigation
measures, as appropriate, to address those impacts. The report will be included as an appendix to
the EIR.
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Additionally, the Historic Resources Technical Study (Task 2.1.4), prepared by Psomas'
subconsultant PaleoWest for the Original Project and peer reviewed by South Environmental with
any updates, as necessary, will be summarized into the Cultural Resources section of the EIR, and
the study will be included as an appendix to the EIR.
• Energy. The Energy Technical Study (Task 2.1.2) will be summarized into the Energy section of
the EIR, and the study will be included as an appendix to the EIR.
Geology and Soils. Based on discussions with the City, we understand that a Geotechnical Study
will be prepared by the Applicant's subconsultant and reviewed by Psomas. It is assumed that the
study has been prepared consistent with CEQA requirements and adequately addresses concerns
and comments that may be raised during the NOP process. The pertinent findings of the
Geotechnical Study, including preliminary recommendations for earthwork, temporary
excavation support, excavation dewatering structural buttressing, in -situ groundwater
improvements, and other foundational and seismic recommendations, will be incorporated into
the Geology and Soils EIR section, and the study will be included as an appendix in the EIR.
• Greenhouse Gas Emissions. The Greenhouse Gas Emissions Technical Study (Task 2.1.3) will be
summarized in the Greenhouse Gas Emissions Section of the EIR, and the study will be included
as an appendix to the EIR.
• Hazards and Hazardous Materials. Psomas understands that a Phase I and Phase I I ESA will be
provided by the Applicant. The reports will be reviewed by Psomas, and the findings will be
summarized in the Hazards and Hazardous Materials section of the EIR. The reports in their
entireties will be included as appendices to the EIR.
Hvdrology and Water Quality. Psomas understands that a Hydrology Report, a PWQMP, a
Coastal Hazard Study, and a Bulkhead Conditions Report will be provided by the Applicant. The
studies will be reviewed by Psomas, and the findings will be incorporated in the Hydrology and
Water Quality section of the EIR. The reports in their entireties will be included as appendices to
the EIR.
The analysis in the EIR will address pre- and post -development conditions; available capacity of
existing infrastructure; potential impacts related to storm drainage and changes to the
groundwater supplies; and shoreline movement/erosion, waves, and wave runup; and flooding.
The analysis associated with water quality, will identify tributaries, impaired waters, and
pollutants of concern. It will also identify the total maximum daily load standards, if established;
storm water rate and volume that dictates the Best Management Practices (BMPs); and the
potential for hydrologic conditions of concern. If potential significant impacts are identified,
Psomas will work with the Project engineer to recommend mitigation measures to address those
impacts.
Land Use and Planning. Psomas will describe the existing on -site and surrounding land uses
based on a site visit (Task 1.2); review of the relevant documents; and information provided in
existing land use policies, plans, and documents. The Project does not require amendment to the
General Plan or Zoning Code, as the Modified Project is consistent with existing designations
within the Mariners' Mile Area. Psomas will evaluate the Modified Project's consistency with
relevant local and regional planning documents/policies, including the City of Newport Beach
General Plan policies; the Local Coastal Program land use policies; Southern California
Association of Governments' (SCAG's) regional planning policies; and other relevant policy
documents. If potential significant impacts are identified, Psomas will recommend mitigation
measures, as appropriate, to address impacts.
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• Mineral Resources. The Project site is within a highly developed area. According to the General
Plan, the proposed Project site does not contain any mineral resources, and no mineral resources
extraction activities occur on the Project site. This topic will be discussed up front in the EIR and
focused out of the EIR as a stand-alone topical section.
• Noise. The Noise and Vibration Technical Report (Task 2.1.5) will be summarized in the Noise
section of the EIR, and the report will be included as an appendix to the EIR.
• Population and Housing. The Modified Project will include 181 apartment units in the North
Parcel and 17 condominiums in the South Parcel, which would result in a population increase in
the City of Newport Beach. However, the growth as a result of the Project is included in the
projection for residential units planned for the Mariners' Mile Area.
Psomas will evaluate the direct and indirect potential impacts the proposed Project could have on
population, housing, and employment forecasts, using the latest demographic data available for
the Project area. These would include the Orange County Projections (OCP) 2018, the U.S.
Census, the California Department of Finance (DOF) documents, SCAG documents, the General
Plan, and other relevant documents. Psomas will additionally evaluate the jobs/housing ratios in
light of the Project's projected growth. If potential impacts are identified, Psomas will
recommend mitigation measures, as appropriate, to address those impacts.
Public Services. Implementation of the Modified Project would generate additional population
and, therefore, the Project has the potential to increase the demand for public services (fire,
police, schools, parks, and libraries). However, the growth as a result of the Project is included in
the public projections for the Mariners' Mile Area. Potential effects associated with
implementation of the Modified Project are related to the provision of adequate service levels and
the need to upgrade and/or provide additional facilities to serve the Project. Psomas will
coordinate with service providers to identify existing public service facilities and to determine
whether the Modified Project can be adequately serviced without any increase in personnel or
expansion of existing resources (including facilities). If potential impacts are identified, Psomas
will recommend mitigation measures, as appropriate, to address those impacts.
Recreation. Implementation of the Modified Project would generate additional population and,
therefore, the Project has the potential to increase the demand for recreational facilities and
services. However, the growth as a result of the Project is included in the projection planned for
the Mariners' Mile Area. Psomas will generate a list of recreational facilities, including
parklands, near the Project site. The EIR will evaluate potential impacts related to increased
population and demand on recreational facilities in light of the Project's public open space,
pedestrian connections, and outdoor amenities. If potential significant impacts are identified.
Psomas will recommend mitigation measures to address those impacts.
• Transportation. The TIA and VMT (Task 2.1.6 and Task 2.1.7, respectively) will be summarized
in the Transportation section of the EIR, and the TIA and VMT will be included as appendices to
the EIR.
Tribal Cultural Resources. Psomas will provide tribal consultation support, as needed, to the City
to fulfill the agency -to -agency consultation requirements for Assembly Bill 52 (AB 52). AB 52
requires a lead agency to provide formal notification to tribal representatives that are traditionally
and culturally affiliated with the geographic area where a project is located. This task assumes
preparation of up to eight letters on the City letterhead: one round of review by the City, and up
to four hours of telephone consultation in concert with the City, as needed, to consult with tribes.
The tribal representatives have 30 days to request consultation upon receiving the AB 52
notification letter. Psomas will summarized the consultation process in the Tribal Cultural
Resources section of the EIR.
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Utilities and Service Systems. Implementation of the Modified -Project would generate additional
population and, therefore, the Project has the potential to increase the demand for utilities.
However, the growth as a result of the Project is included in the published population projections
for the Mariners' Mile Area. Psomas will review the Sewer Analysis Report and Water Demand
Report prepared by the Applicant's subconsultant for analysis of the Project's increased demand
for utility services. Upon review by Psomas, the findings will be summarized into the Utilities
and Service System section of the EIR, and the reports will be included as appendices in the EIR.
The preparation of a Water Supply Assessment (WSA) for the Modified -Project is not required,
as the Project is below the threshold of 500 units for residential and 500,000 sf for shopping
center (commercial/retail). Based on the information provided, the proposed Project EIR would
provide a site -specific analysis of the Project's construction and operational impacts on water
supply, sewers, and storm drains, and compare them to the demand from the existing on -site uses.
If additional information is needed. Psomas will coordinate with applicable wet and dry utility
providers to obtain the necessary information regarding existing capacity, supply, future demand,
and potential infrastructure upgrades to serve the Modified -Project. If potential significant
impacts are identified, Psomas will recommend mitigation measures, as appropriate, to address
those impacts.
Wildfire. Based on the California Department of Forestry and Fire Prevention (CalFire) Fire
Hazard Severity Zone Map for Newport Beach, the site and the surrounding areas are not located
in designated Very High Fire Hazard Severity Zones (VHFHSZ). Rather, the site is within a Non-
VHFHSZ area, with the nearest VHFHSZ located approximately 4.4 miles south of the site.
Based on this information, Psomas will provide a substantiation in the wildfire section of the EIR
identifying that the Project site is not located in or near a State responsibility area or lands
classified as VHFHSZ and does not result in potential impacts related to wildfire.
ALTERNATIVES
Psomas will provide an assessment of alternatives to the Modified Project. These alternatives will be
based on the requirements of CEQA and discussions with City staff and the Project team. This SOW
assumes a minimum of two (i.e., No Prcject/No Construction and Reduced Intensity/Reduced Height)
alternatives. As required by CEQA, the EIR alternatives will be designed to reduce or eliminate, where
possible, the impacts identified for the Modified Project. The alternatives will be discussed and further
developed/defined through collaboration with City staff and the Project team. Each alternative will be
qualitatively assessed in comparison to the Modified Project: quantitative analysis will be provided, if
necessary, to adequately compare the impacts of the Alternative and the Project (e.g., trip generation).
CUMULATIVE IMPACTS
In addition to the analysis of potential short-term and long-term Project -specific impacts and the analysis
of direct and indirect impacts, Psomas will conduct a cumulative impact analysis based on the provisions
of Section 1 S 130(b)(1) of the State CEQA Guidelines. Psomas will work closely with City staff to ensure
that appropriate Projects are evaluated. At a minimum. Psomas will contact the adjacent jurisdictions
(City of Irvine, City of Huntington Beach, City of Costa Mesa, and County of Orange) to obtain a listing
of potential cumulative projects for inclusion in the cumulative analysis. The evaluation method (i.e., list
of related projects or local and regional growth projections) for cumulative analvses will vary depending
on the technical issue to be addressed. The cumulative study area will be identified for each topical issue.
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OTHER REQUIRED CALIFORNIA ENVIRONMENTAL QUALITY ACT TOPICS
The following CEQA-required sections will be prepared as a part of the EIR:
• Long-term impacts
• Significant irreversible environmental changes
• Significant unavoidable adverse impacts
• Growth -inducing impacts: references
• Preparers and contributors, agencies, and persons consulted
Technical studies/reports will be included as appendices to the EIR. The Administrative Draft EIR I will
be submitted electronically to the City for review and comment.
Subtask 4.1 Deliverables
• Electronic copies (email) of Administrative Draft EIR I and technical appendices
Subtask 4.2 Administrative Draft Environmental Impact Report II (Draft 2
Psomas will review the comments received from the Citv and the Applicant on the Administrative Draft
EIR I and will disseminate the comments to respective team members for response and revision. as
necessary. Psomas will work with the City should there be any conflicting comments/direction and for
ensuring that these issues are resolved.
Psomas will revise the document and submit electronic copies of the Administrative Draft EIR II and
technical appendices to the City for approval prior to preparation of the Pre -Print Draft EIR.
Subtask 4.2 Deliverables
• Electronic copies (email) of Administrative Draft EIR II and technical appendices
Subtask 4.3 Pre -Print Draft Environmental Impact Report and Draft Environmental Impact
Report for Public Review (Draft 3 - Pre -Print and Public Comment Drafts)
Upon receipt of comments on the Administrative Draft EIR 11, Psomas will review the comments, revise
as necessary, and submit the Pre -Print Draft EIR and technical appendices electronically to the City for a
final check. Upon approval of the Pre -Print Draft EIR, Psomas will prepare the Draft EIR for distribution.
Psomas will be responsible for producing and distributing the electronic copies (USB flash drive) of Draft
EIR for a 45-day public review period. Additionally, one copy of the Draft EIR and technical appendices
in an HTML, or other acceptable web -friendly format, will be provided to the City to be placed on the
City's web site.
It is assumed the City will prepare a distribution list of all agencies, interested parties, and members of the
public, with input from Psomas. Psomas anticipates 30 CD copies of the document will be required to
provide the necessary copies for distribution. Per the current requirements of the Office of Planning and
Research (OPR). Psomas will post the EIR, including the appendices. the Notice of Availability (NOA).
the Notice of Completion (NOC), and the SCH Summary Form on the SCH's website, and no hard copies
will be submitted. Psomas will file the NOA and the NOC with the Orange County Clerk. A notice is also
required to be published in local newspapers or, at a minimum, posted at the Project site. It is assumed
that Psomas will prepare the notice, but the Applicant will post it at the Project site and submit it to the
newspaper for publication. For noticin„ please see Task 6.
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Additionally, hard copies of the NOA will be mailed to the surrounding property owners (radius to be
determined by the City), based on a mailing list and mailing labels provided by the Applicant. Psomas
will submit eight hard copies of the Draft EIR with CDs of the appendices and the NOA to the City.
Subtask 4.3 Deliverables
• Electronic copy (email) of the Pre -Print Draft EIR with technical appendices
• Eight hard copies of the Draft EIR and CDs of the appendices for the City
• Eight hard copies of the NOA for the City
• Distribution of electronic copy (USB flash drive) of the Draft EIR, including technical
appendices, to public agencies
• Distribution of hard copies of the NOA to surrounding property owners
• Electronic copy (email) of the Draft EIR and technical appendices in HTML or other web -
friendly format
• Posting of the EIR and associated documents on SCH's website
TASK 5 FINAL ENVIRONMENTAL IMPACT REPORT AND RELATED DOCUMENTS
Subtask 5.1 Draft Responses to Comments/Errata
Following the 45-day mandatory public review period, Psomas will review comments received on the
Draft EIR. Based on the comments received. Psomas will organize the comments so the Responses to
Comments (RTC) effort can be performed in a timely and cost-efficient manner. Following review of the
comments received, Psomas will coordinate with the City on the approach to preparing the responses. It is
assumed if comments are received on analysis based on Applicant -prepared technical studies, those
subconsultants will be available to provide responses and any necessary revisions to the technical studies.
Psomas will be responsible for assigning responsibilities to Project team members for responding to
comments; for ensuring that the responses are received: and for incorporating all input from the Project
team into the RTC document.
Psomas, with assistance from the Project team members, will prepare written responses to comments that
raise significant environmental issues. The revisions that result from the comments on the Draft EIR will
be identified in a Revisions and Clarifications section of the RTC document. The new and modified text
will be underlined, and the deleted text will be stricken out. Upon completion, the RTC will be
electronically submitted to the City for review. This SOW assumes that Psomas will spend approximately
100 hours of technical staff time on this task. If it appears that additional effort will be necessary or if late
comment letters are received that raise significant environmental issues, Psomas will notify the City and a
budget augment may be required.
Subtask 5.1 Deliverables
• Electronic copy (email) of the Draft RTC/ Revisions and Clarifications to the Draft EIR
Subtask 5.2 Final Responses to Comments/Errata and Final Environmental
Impact Report
Upon receipt of comments from the City, Psomas will revise the Draft RTC document and compile the
Final RTC, including Revisions and Clarifications and Final EIR; and coordinate with the Project team
regarding revisions that are needed. The Final EIR, including the Draft EIR, the RTC/ Revisions and
Clarifications, the Mitigation Monitoring and Reporting Program (MMRP), and technical appendices,
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will be submitted to the City electronically (email) for posting on the City's website. Psomas will also
submit eight hard copies of the Final EIR, including RTC, to the City.
Psomas will mail responses to public agency comments at least 10 days before consideration of
certification of the Final EIR, as required by CEQA.
Subtask 5.2 Deliverables
• Eight hard copies of the Final EIR, including RTC. for the City
• Electronic copy of the Final Product, including Notices, Draft EIR, Final EIR, and Findings of
Facts in Microsoft Word and technical appendices in an electronic format (CD or other suitable
media due to size)
Subtask 5.3 Mitigation Monitoring and ReDorting Program
In compliance with Section 21081.6 of the California Public Resources Code, Psomas will prepare an
MMRP as part of the Final EIR document and for adoption at the time of the Final EIR. The MMRP will
be prepared in matrix format and will provide the timing and responsibility for each mitigation measure.
It is assumed that one draft and one final version of the document will be submitted to the City.
If the Planning Commission or City Council modifies the Project and/or recommended conditions of
approval/mitigation measures for the Modified Project, Psomas will revise the MMRP. However.
substantial modifications are not assumed in the fees for this Project.
Subtask 5.3 Deliverables
• Electronic copies (email) of draft and final MMRP
Subtask 5.4 Findings of Fact and Statement of Overriding Considerations
As part of the Final EIR, Psomas will prepare the Findings of Fact and Statement of Overriding
Considerations, if applicable, for the Modified Project pursuant to Sections 21081 and 21081.6 of the
California Public Resources Code and Sections 15091 and 15093 of the State CEQA Guidelines. It is
assumed that one draft and one final version of the document will be submitted to the City.
Subtask 5.4 Deliverables
• Electronic copies (email) of draft and final Findings and Statement of Overriding Considerations
TASK 6 NOTICES
Psomas will prepare a Notice of Availability (NOA) of the NOP to be published in a local newspaper by
the City in addition to a NOC of the NOP to be posted on the SCH website and filed with the County
Clerk.
Additionally, for the Draft EIR, Psomas will prepare an NOA of the Draft EIR to be published in a local
newspaper by the City in addition to a NOC of the Draft EIR to be posted on the SCH website. The NOA
and the NOC will be filed with the County Clerk. Hard copies of the NOA will also be distributed to
property owners within 300-feet of the Project site. It is assumed that the City or Applicant will provide a
mailing list reflecting the current tax roll. The desire to include all leaseholders on the notification will be
discussed. A maximum of 500 notices are assumed as part of this SOW. The City will be responsible for
distribution of the NOA and Draft EIR to the public library system and posting at the Project site.
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Furthermore, Psomas will prepare the Notice of Determination (NOD) for the Project, which will be
signed by the City upon certification of the EIR and action on the Project. Psomas will file the NOD with
the County Clerk and post it on the SCH website. The cost for the California Department of Fish and
Wildlife filing fees and County Clerk Recorder processing fee is not included in the Cost Estimate.
Task 6 Deliverables
• Electronic copies of the draft and final NOC and NOA for the NOP
• Electronic copies of the draft and final NOC and NOA for the Draft EIR
• Electronic copies of the draft and final NOD
• Electronic copy of the final NOD (stamped by the County Clerk)
• Additionally, the Final Product (i.e.. Notices, Draft EIR and technical appendices, Final EIR,
MMRP, and Findings of Fact) in Word will be transmitted to the City on USB flash drive or other
suitable media due to size.
TASK 7 PROJECT MANAGEMENT, MEETINGS, AND PUBLIC HEARINGS
Subtask 7.1 Proiect Management
Psomas will be responsible for mana;ing the CEQA process for the City. This includes ongoing
coordination with the City and team members to ensure compliance with the SOW and schedule and to
ensure that information is disseminated, as necessary. This SOW assumes approximately a 14-month
schedule, not including the approval process (public hearings).
Subtask 7.2 Proiect Meetings
This task includes attendance at a total of 18 coordination meetings with City staff and Project team
members. as necessary (in addition to the Project Kick -Off Meeting discussed in Task 1 and Scoping
Meeting discussed in Subtask 3.2). The coordination meetings will occur bi-weekly through completion
of the Administrative Draft EIR and monthly thereafter. This SOW assumes that the Primary
Representative will attend all meetings and the Alternate Representative will attend nine coordination
meetings (in -person meetings will be 1.5 hours each, including preparation and travel time: virtual
meetings will be 1 hour each including preparation time). Additionally. Psomas assumes attendance at
two meetings with Caltrans and two meetings with CCC (Responsible Agencies) to provide support to the
City. The Alternate Representative will attend one Caltrans meeting.
It should be noted that Kimley-Horn will attend three Project coordination meetings in addition to the
Project Kick -Off Meeting with City staff.
Additional meeting attendance will be billed on a time and materials basis, based on hourly rates and
subject to prior approval.
Subtask 7.2 Deliverables
• Eighteen coordination meetings with City staff and the Project team: two meetings with Caltrans
and two meetings with CCC (Psomas)
• Three meetings with City staff members and the Project team (Kimley-Horn)
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Subtask 7.3 Public Meetings and Hearings
Psomas will attend one Planning Commission study session, two Planning Commission, and two City
Council meetings. Psomas will be available to make presentations and/or provide advice and input to the
City and address questions regarding CEQA: the environmental review process: and the findings of the
EIR analyses, as appropriate. The preparation of visual aids and handouts for the public hearings is not
included in this SOW. This task assumes public hearings will be attended by the Primary Representatives
and up to two additional Psomas technical staff. Additional public hearing attendance will be billed on a
time and materials basis. based on hourly rates and subject to prior approval. Kimley-Horn. Psomas'
traffic subconsultant will attend five public hearings.
Subtask 7.3 Deliverables
• Five public meetings —one Planning Commission study session. two Planning Commission
hearings and two City Council hearings (Psomas)
• Five public meetings —one Planning Commission study session. two Planning Commission
hearings and two City Council hearings (Kimley-Horn)
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EXHIBIT B
SCHEDULE OF BILLING RATES
Psomas Page B-1 17-31
EIR PREPARATION TEAM
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$ 156
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$ 145 $ 96
$ 116 $ 85 Total Fees Task Total
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Total HourslCost 10 419 147 286 175 140 34 15 10 41) 10 29 a 48 40 54 59 1564
Attachment B
Conceptual Site Plan
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LAND USE
❑
RESIDENTIAL
❑
REfAIURESTAURANT
❑
OFFICE
.
PARKING
❑
MIXED USE' RESIDENTIAUREFAIL
.
MIXED USE' RESIDENTIAL/OFFICF/RETAIL
(BAR Architects, 2022)
City webpage: www.newportbeachca.gov/newportvillage
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