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Home My WebLink About3928 E COAST HWY3928 E Coast Hwy •, ri ENVIRONMENTAL INFORMATION FORM A. B. City of Newport Beach Planning Department 3300 Newport Boulevard, Newport Beach, CA 92663 (714) 644-3225 General Information 1. Applicant/Agents Bundy Finkel Arrhitartc Timnthl/ R, Phones (714) 850-7575 Address: 2. Property owners Magdi R, Hanna Phone: (714) 644-7344 Address: 567 San Nicolas Ste. 306 Newport Beach CA 62660 Project Description Please attach the following materials for the planaproject: to scale • Vicinity map • Proposed revisions to zoning map • At least 3 different site photos mounted and text using underline and on B 1/2 X it cardboard with a key map et-riheeub notation, if applicable showing the photo locations and direction of view 1. Project name: CDM Plaza 2. Project location: 3928 Coast Hwy. (near Coast H w)e and Seaward Corona DPI Mnr_i 3. Assessor's parcel fs 4. Permit application f 5a. Proposed uses Mixed Us carwash accessory boutique office retail,_ parking 5b. Project size (dwelling units, gross floor area, etc.) 9,140 s f Sc. Site size:, 19 8 s. f. ,-F Existing land use General Plan:_ Specific Plan: designations: 5d. Building heights 321-8n' Zoning: RSC LCPs 7. Previous governmental approvals: None e. Other governmental approvals required: State: Federel: Regional: 9. Begin constructions Oct. 197, (date) c. Potential Environmental Effects Local C. U.P., Lot Line Adjustment, Negative Declaration, Alley Vacation Estimated occupancy: Fah �9R (date) On a separate page, please provide the following information. If the question is not applicable, indicate "Not applicable" or "None". 1. Earth Please describe the earthwork that will be required for the project. include grading quantities, and the locationtotec nice, os ssoilsi SnvsstigationS that haves been applicable. Describe •any g" conducted. Include exhibits Showing existing and proposed topography, retaining walla. and erosion control devices. 2. blit that could Describe any air construction, uding emia'sions oroanddoraa y measures thattareoproposedr tocreduceinclthese emissions during emissions. 3. Water Describe existing and proposed Site drainage, and, measures that will be storm employed to reduce erosion and prevent contaminated runoff from entering lgroundwatr or evels ore bodiesuofmr asurface water DescribeIs the projecta located d in a flood ham ardhat could occur in uSr zone? 4. Biolo__ ciael Reaourcee Describe the existing vegetation on the site, and any trees' or large shrubs that are to be removed. Identify any fish or wildlife that inhabit the site. Noise Describe any sources of noise that impact the site, and any noise -generating equipment that will be utilized on the property, either during construction or after occupancy. What means to reduce noise impacts on surrounding proportion or building occupants are proposed? 6. Licht and Glare Describe exterior lighting that is proposed for the project and means that will be utilized to reduce light and glare impacts on surrounding properties. 7. Land Use Describe: a) the existing land uses and structures on the project site and on adjacent parcels; b) the project's conformance with existing land use plane and regulations for the property; and c) its compatibility with surrounding land uses. S. Public Health and Safety Identify any aspects of the project that could,preeent a risk to public health due to normal operations, or due to an explosion or the release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation) in the event of an accident or spill. is there any possibility that the site could be contaminated due to previous uses or dumping? If so, what measures are proposed to eliminate the hazard or contamination? 9. Population/Housing/Employment a. if the project In residential, please explain how the project will comply with the affordable housing policies contained in the fsousing Element of the General Plan, and the average household size expected. b. If the project is commercial, industrial, or institutional, please identify the tenants and/or uses and the estimated number of employees. 10. Transportation/circulation/Parking Please describe how the project will comply with parking regulations, and identify any changes or improvements to the circulation system that are proposed as part of the project. 11. Public Servicee/Utilities Please identify whether adequate capacity currently exists for ibe following .public services and utilities. If expansion is needed, explain how it will•be accomplidhed. Please attach any written confirmation of capacity you have received from service providers. • communications Systems • Fire protection • Parke/recreational facilities • • Schools • Solid waste and disposal 12. Aesthetics • Electrical power • Natural gas • Police protection • Sewer eyatems or septic tanks • Storm water drainage systems Describe whether the project could potentially obstruct any scenic vista or view open to the public, or create an aesthetically offensive site open to public view. Could the project block any private views? 13. cultural and Historic Resources Please indicate whether any archaeological or paleontological surveys have been done on the site. Could the project result in any adverse physical or aesthetic effects to any building, structure, or object having historical, cultural, or religious eignificance? certification I certify that the statements furnished above and in the attached exhibits are correct and to the beet of myis thecomplesubject ubject of this application9or have be of authorized by the owner to act on property and. I am the legal owner of the his behalf regarding this ' a statements or ation presented herein may furtherplication. I B may result in the revocation of any approval orpe permit granted onthe of thin information. , i1 ,q n0. -----�- Print name of owner or repreeentat ve a vvavvaaaavamaaaaaavvavammaamaaavvmvaamavmavmi For office Uee Date fileds Fee: 1, Receipt Nos 9 Hy:,_,_ _ _ _--- t;\... \JD\FORMS\ENV•1NF0. Rev. 2/9i • T E CO T S February 25, 1997 ENVIRONMENTAL INFORMATION FORM CDM PLAZA BUNDY-FINKEL PROJECT NO.96-196 Date: February 20, 1997 Potential Environmental Effects 1. EARTH: The current configuration of the site and the proposed project will require some onsite grading but will remain as a balanced site with insignificant, if any, amounts of export or import required. Some retaining will be required in the northwest comer of the site to accommodate the transition from the alley to the second level parking deck. It is estimated that the excavation required by this retaining condition will generate the fill necessary to balance the south and northeast parts of the site. 2. AIR: This project will create little to no significant impact to the current odor emissions from the site. The proposed office / retail portion on the second level will not contain uses that will add to the odors. The carwash / boutique and its operations on the ground level also will not generate odors that will impact the adjacent properties. 3. WATER: The site currently surface -drains across the southeast portion of the site to the street sewer system via the existing system of catch basins. The proposed project will continue to follow the general drainage pattern but will provide a below -grade, closed loop clarifier system to contain the run-off and recirculate the water to the carwash operations. During the course of construction, an erosion control plan will be implemented to minimize rainwater run-off during construction. 4. BIOLOGICAL RESOURCES: This project will be combining the Gallo's restaurant lot with the vacant lot to the east. Neither site has any existing landscaping other than the erosion -controlling vegetation on the sloped bank in the northwest portion of the site. There are currently no fish or wildlife inhabiting the site. 5. NOISE: A carwash operation utilizing air blower/dryer units, compressors and vacuums will 20331 IRV I N E AVE- STE. 7 SANTA ANA H T S-CA- 9 2 7 0 7 © ® IQ T E L 7 1 4 8 6 0 7 6 7 6 F A X 7 1 4 8 5 0 7 5 7 6 Environmental Information Fop • 02/25/97 CDM Plaza - BFA Job # 96-196 PAGE 2 be installed at this site but should have a minimal impact to the noise level at the surrounding area. Due to the equipment's location on site, the type and location of enclosures around the equipment, the use of acoustic devices integrated with the equipment, and due to the current level of ambient noise generated by Coast Highway traffic, this project should not negatively affect the overall noise levels at the property lines of this project. It is our intention to provide the project with state-of-the-art equipment that will mitigate noise -related concerns emanating from the equipment as well as the general operation of this facility. All of the noise -producing compressors and vacuums will be wrapped with sound -absorbent material and located in walled enclosures or rooms which will eliminate the majority of noise. The air blower/dryer will be located near the exit end of the carwash tunnel which will be separated from adjacent property by the parking deck above and the retaining wall to the north and west - the general direction noise would be emanating from the equipment. The noise generated by the compressed air hoses in the dry -off area will also be shielded by the parking deck above and the property line wall to the east. There will be a provision in operation standards that eliminates yelling, a speaker system or horn honking to notify the carwash patrons. Instead, a noiseless beeper will be distributed to alert each carwash customer that their car is ready for pick-up. During construction there will be some noise generated that can be limited to specific hours and days of the week to minimize its impact to the surrounding properties. 6. LIGHT AND GLARE: There will be limited locations of pole -mounted fixtures to meet required parking lot site lighting levels, strategically placed exterior wall washing fixtures to highlight architectural features and low level landscape lights to illuminate the stairs and monument sign. The pole -mounted fixtures will have cut-off shields to eliminate light spillage onto the adjacent properties. The overall appearance of the lighting will reflect the intended commitment for this project to be a good neighbor to the surrounding properties. 7. LAND USE: A) There is an existing single story restaurant with patio on the west side of the lot to be combined with the adjacent vacant land. It is bordered to the north by a residential property and the public alley edging the continuation of Buck Gully. The west side is framed by a zero -lot -line two-story masonry building with rooftop parking. To the south is the Coast Highway and to the east is a 6'-8' wood fence surrounding a multi -unit residential complex. B) The proposed project falls within the zoning guidelines for a commercial use but is -required to process a C.U.P. for approval of the carwash use. C) The current zoning of the property in question and the adjacent property uses to the west are all part of the RSC zone which allows development of this type of use. This type of use will provide a service to the community currently unavailable within a several mile radius as well as establish a Environmental Information Adt • 02/26/97 CDM Plaza - BFA Job # 96-196 PAGE 3 link both visually and functionally between the dense urban condition to the north- west and the more open residential configuration to the southeast. This serves as an edge between the commercial zone and the residential zone. 8. PUBLIC HEALTH AND SAFETY: The operation of a carwash facility poses no risk to public health due to an explosion or release of hazardous materials. Proper measures have been utilized to eliminate any potential hazard or contamination from the previous use, a gas station, and certification of its clean status is available upon request. 9. POPULATION / HOUSING / EMPLOYMENT: B) The project will continue to include the operations of Gallo's restaurant with its two employees, the carwash will employ approximately 8 people; the office portion will provide facilities for the owner with three people employed (including the owner); and the retail portion will have most likely only one employee. The total employee count then would be 14 people. 10. TRANSPORTATION / CIRCULATION / PARKING: The calculations use parking ratios for the variety of uses based on standard requirements for the specific uses. The calculations indicate that the project.provides sufficient parking stalls to meet the code requirements. They are defined as follows: Addition to Gallo's: 220 s.f. @ 1/200 = 1.2 cars Existing Gallo's: Specialty food @ 2/building = 2.0 cars Carwash w/ boutique: use @ 8/carwash = 8.0 cars Office upstairs: 1,330 s.f. @ 11250 = 5.3 cars Retail upstairs: 560 s.f. CD 1/200 = 2.5 cars Total stalls required: 19.3 cars Total stalls provided: 21.0 cars In addition, bicycle racks will be provided for a minimum of three bicycles. The proposed project will eliminate one of the three existing driveways to the Coast Hwy. and will consolidate access to the two remaining driveways, enlarging both of them to facilitate ingress and egress from the site in a safe manner. in addition, there will be access from Hazel Dr. and the alley at the northwest to the second level parking deck. 11. PUBLIC SERVICES / UTILITIES: The current level of service from utilities and public services is adequate to meet the needs of this project. 12. AESTHETICS: The project is designed to minimize its impact on the sight lines of the adjacent properties. By placing the bulk of the two-story building closest to the northwest half of the site, the residence to the north west Is the primary structure with a potentially Environmental Information A • 02/25/97 CDM Plaza - BFA Job # 96-196 PAGE 4 obstructed view, but the portion of the residence that extends towards Buck Gully does not have any windows that face the site directly, in addition, the finish grade of the house is significantly above the finish grades proposed for the second floor of the proposed building which will eliminate any direct obstruction. The residences to the north east, along the edge of Buck Gully will have only a portion of the new building in their line of site. An 80' wide view corridor will be maintained between the existing multi -residential project and the southeast edge of the new two-story portion of the building. This piece of the building has the architectural treatment of a compatible style that will blend into the vernacular of the area. The building's appearance has been enhanced wherever viewed by surrounding property owners. The north elevation for instance, has openings and architectural treatments which minimizes its appearance as a retaining wall along the gully edge and provides for landscape enhancements along its length. The overall building mass has been broken down to scaled elements that define the office and retail uses as objects on the parking deck plane above the carwash tunnel. This composition of elements enlivens the view of the building from all sides with voids and solids, awnings, decks, stairs and a balcony in a manner complimentary to the architecture of the area. The balcony, deck and stairs at the second level are designed to encourage pedestrian access from the street in an effort to help activate the highway and provide a human element to the site. The overall result is a project that strives to be a good neighbor and a positive addition to frontage along the Coast Highway. 13. CULTURAL AND HISTORIC RESOURCES: The site was previously used for a gas station which was removed from the site along with its underground tanks and accessory piping. The excavation and recompacting that left the site in its current condition would have uncovered any significant archaeological or paleontological finds. The new project will have no Impact on any building, structure, or object having historical, cultural, or religious significance. file: 196-01.app 05/22/1997 17:39 714-8507576 DDS/RMB/BFA PAGE 01 FAX TRANSMITTAL BU Y-1 SHEET .1, 0.1`� _4 TO; -city of. Newoort: Beach, Piann DAT 5-22-97 PROJI40. NAME: COM PLAZA 1 :64�3260- Scherne.flptl� ...... FROW r4mA', und % ;WE ARE 7RANSMI T. -T INGT HE FOt, OWING. q,eb tabulations iHFSE:A'Rq TRMWm:. ;X FOK APPROVU - X ACTION R A$ 7Eq�E�TED 6(IUIRED X FOR YOUR U13F:�. W4ANI .qOMlp 5' HARD COPY-TOAE MAILED Rr=MA(4KS-- Jay, hbre is%our-16test-PaSS at the'site With.,h*haw SiOdp -flgor,,footprint basedlo'n-the,'mew interprttatj0A,6f,-f4 9fty-i FAR TO' P*ulpffons, - - Yop will note'thObtillt out area, includirlgf4ft-sta%the spcbnd �jdvbl; fallsir�and,walkiqg,d k at I r P' ' thin within Pipp allo#aheg-of'.6 FAR. T e� 'amh'9the allowed'-a4d4(0r1'al'-*2S l#-AK Thesit, c -are we submit:ta be ittihied.iloy Ahe I.tylg.:author ' ized ttaffic -ariiacoiustic Studies a lat6t;dorrow,,Fodeiy',PMOY.23,'- ito �vlth the a rwash-la(luip fl� PPP. pleage'adyKellwhgt PI§P is neceisaryAr.v.ord&for the-city...6 cbm,mence, the' studies.. COPY., Ercaq'.,1A#g' Hanna. FAX:# 644-OW ANY PkOBLE:MS�M �L .WtTH THIS tRANSMJ�SIO (10331 V i'W f- A-V t o S 1: F_ 7 A N"T A A,N-,A H� 7 S ^ C A 9 2 1- 0'4,:, (D IQ QZD T E L 7 1 4v- 8 b0 7 6: 7 9 716. Y4M1V.4 D 5-SO 16 FIKKEi ��1 M :� 'C7ZCLI D LFVEL FLAN SGHEME #i8b I", , m m N Ui to N U] VAIL - 4,9205F. Z225 --. '---a------------------ ` -----�-'-- ---.-------�_nA Th O.T9 - iRYEri TC )- - III .cs !e)at I U x m m w 51TE AREA: GALLUS LOT AREA: -3.377 S.F. TOTAL-BU1lbING AREA: 9452 S.F: , .. -, ' {lN6L' 2!lDR4D,Z. Yll+iXIN6.DEGK .. -'ALL2,6725.F, •fhfS,Q5tADiiflN} : : -'- - . (iug v2 r�Ep (ro : i3LPG..I=RR : 49;13$ S:F't 9,462-0 :.._ -- I.f�ISY{1KSA7NNIXtit3�GAtidS(.Of - 60 � fNf1RE nsr,W ED � ro Ensr} PARKING FAR: 19,138 5.F 14,320 5,F. CARWASH LOTAREA: 13,087 S.F. TOTAL PARKING kb7b: - 55D CARS TOTAL USEABLE SITE AREA: 19,138 5.F. TOTAL PARKING PROV.: 33D CARS (From offstGeagreem aforemplayeepadirg, add 10Aears) PARKING REGt'I .. PARKING PROV.: GROUNI7•LI=t+EL.- ADDIMN TO GALLO'5 280. 5:F. . 0 511000=12CAR5. 66U11QUEIM5HII R �50 S.F. EQUIP. {-EMPLOYEE 9M1 535 S.F. 6-81 WE='B,CAK5 - .CARWA9H TUNNEL L625 51.' • 1-0TAL'N1 w' MDG. AftA 3,19C)"0.' E)OOTING GALLUS 4p-:S.F. 0 2-1506. = 2-C.M.5• - , 11.2 CARS . 13 CARS TOP LEVEL OFFICE IMO S.F. 0 4/1000 = 5.8 CARS RETAIL 3,IW 5,F, 0 5/1000 =15.8 CARS •WALKINGDECK- -12125.F. TOTAL SLK+DECK 5,812 5,F, 21.6 CARS 10- CARS •PARKING DECK 4,320 S.F. TWLATION5 0 r m N N N D tD J m ,n J A i d] Ln m J En m U) 3 714 8507576 11725/1996 10:31 714-8507576 DDS/RMB/BFA PAGE 01 B U N D Y A R 1. r EE 1c, r S F I N K E L FAX TRANSWRAL SHEET 1 OF __;� Yo� DATE ATTN:its .i :PROJECT NAMEFAXirc� r i.... .r .� FROM: RE WE ARE TRANSM"NG THE FOLLOWING: THESE ARE TRANSMMM.- O FOR APPROVAL FOR YOUR USE REMARKS: D'AS REWESTED C3 FOR REVIEW AND COMMENT ' ✓w UWA _7 ❑ ACT10N REWIRED ❑'HARD COPY TO BE MAILED SI, O� ��jf f`i� !� c�01G� �1•�i`//ram; � . COPY. err�� TEr't'pGYG C!.-'/4hAF,-7' P/ vAN ESN / 4e. C. m/16 . - am . 9 0 2 3 1• 1 FIVI N E• AVE- S T E .7 SANTA ANA HTS • CA•12707 0 0 A. a T E L 7 14 1 6 0 7 5 7 6 F A X 7 1 4 1 5.0 7 4 7 6 It 4•f r B&C I - = -=-=-= =_=_ - i retav `�._ EYdNP. ELEC.VAaWM I t to >` •.: • i _'� j N DRY -OFF I L I z r 27 I ± 1 _""�' - tom• / / t ` 3\\\ GgLos Ph 10 (i rr yr —'m ^, -�rHC I 3 1T' , �� `,� •.\ It a Th a— i��- 70TAL51TEAW. 19,Y435F. EWITNGGALMS 4805.f. $2Mp0=2CAfj AMIRONYOGALM, 240SF. l5f w=T2M GAIWSLOTAWA, 3.3865F. Tom comm AREA: 9,6545F. = 50FAR ISMUM/CASHM 542 SF. PARgNGPRO% AL[EYARFA: 28325F. rOrAL PARKING BEAU. 21CAR5 IMT15"PL PEEN 3905F..i 6MLYi. Y3OAR5 UMASHLOrfMA- ZPZ55f TOTAL FAMWJFW/_ 23W5+3BCWLB5 CARWASHUMNEL - 1A%aF.-CAWA5H=8CAR5 '\ $FMBT TOTAL NE W AARE1 3,0075% IQ CARS ww,re c-rs 0 5 10 20 FINKEL BONA DEL MAR AUTO WASH GROUND LEVEL PLAN SCHEME#15 .'.F.: E.Its .I OWNER' MAGDY HANNA 112&% W, J a KtIAL< 5755F. 4`' ; =4.+cAK5 PAYKWMV: IO COS PfIP. mGIDMK s VX� 2fMMD5iAXE'A-54 7A5F TOTAU DROTAREA= 9E6E FDf5F. 3Dk'(GF- Bulgy. �f, �TEGz6 COKONA DEL MAR AUTO WA5N 2NDFLOOR PLAN 60JEME#15 °®° r'A... fll,Fll91lLJYE.bLI OWNEK- MAG HANNA ,..r.11.l,,.<l f ,ft, t� m !il N D m m 8 SEP-18-1996 12:09 ERCAN, INC.- 644 7344 TEL 714 644 0664 P.01 F Date: September 18, 1996 Auto 'pa of Corona del Mar, Inc. A To: Mr. Jay Garcia, Planning Department 567 San Nicolas Or, Ste 306, Newport Beach, Ca 92660 X Of: City of Newport Beach Fax: 714-644-0664 Tel: 714-644-7344 Fax: 714-644-3250 Tel: 714-644-3206 Ref: 60918JG Page 1 of 3 Sub: Mr. & Mrs. Sues Letter Attached is the cover page and item 8 of the above -subject correspondences which is relevant to the case. If you have any questions, please do not hesitate to contactme. Thank you. Best Regards, Magdi R 111auto%=p.d.C%8 1119 SEP-18-1996 12:09 ERCRN, INC.- 644 7344 TEL 714 644 0664 P.02 V Note: here's our overview in draft speaking to what needs to appear in some form in a potential legal agreement --so please note all your thoughts, opinions, revisions, suggestions or additions in return, and then I will send a working copy to our attorney for a final version. May 22,1996 Dear Mag- Regarding your 'East Coast Highway development abutting our property line at 408 Hazel Drive, Corona del Mar ---here are: 1.) Your Proposals ---an itemization of discussions -between us so far covering present and future site improvements pledged by yourself which would affect both properties ; 2.) stipulations between Sues -Hanna ---- a short list of requests to be made of you by us to help minimize any negative impact of your development on our property. No/your Proposals: 1. Bluff Excavation. To gain more usable space on your lot(s), you propose to excavate and level a small bluff located immediately beyond our deck and house ---fortifying the newly acquired area with a masonry retaining wall (also accepting all liability per a landslide during/or as a consequence of construction.) The advantages to yourself then would be: extra operating space; removal of an eyesore (dead iceplant on the present bluff); some sound attentuation for the neighborhood, depending on the final height of the wall yet to be determined. The benefits to the sueses, property would be: sound attentuation, erosion containment, and improved security per potential trespassers otherwise drawn from employees and/or the general public accessing our property via yours. Z �i 2. UtilityLines. You are proposing to have southern California Edison submerge surrounding utility electrical lines, transformers and poles. This is a positive benefit to all concerned which can only improve property values not just of the parties this letter references, but of 112 "ocean view" neighbors up along Buck Gully. �.: 3. S and Att nation wall. Beyond the physical limit of the masonry wall described, you also intend to install an extended property fence with sound control features. rJ 4. Emergencv/Util_it_y Access. You are willing to grant to us in perpetuity a right-of-way from East Coast Highway across your property to the rear of our own for any future access purposes we may require (fire control brush removal, minor construction deliveries,etc.) (and as the need may arise, making a transfer of that right-of-way a provision in any inheritance or future sale of your property?); in turn, we SEP-18-1996 12:10 ERCAN, INC.- 644 7344 TEL 4 4 8. C;tv Easement Quitclaim- 714 644 0664 The interest(s) of the city have been held in regard to its easement which currently divides our two property lines. This easement originates up at the fenced end of the City alley above the grade and traverses down to the bottom of the slope and to, z believe, the northwest corner (if PCH is considered to be East-West) of 3900 East Coast Highway's lot. Fifty percent of the same easement path ---held originally by the city so that it might provide a fire lane/service alley one day to reach the rear of 3900 East Coast Highway --would then revert to you, and the other fifty percent to this property. By my rough estimate, our own portion then would exist beneath your retaining wall and so may in itself be counted a uo exchange for such a wall. Thanks for your time and attention to this letter. Will be talking to you soon. cordially, Helen and Art Sues M TOTAL P.03 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 PLANNING DEPARTMENT (714) 644-3206 March 5, 1997 Bundy -Finkel Architects 20331 Irvine Avenue, Suite 7 Santa Ana Heights, CA 92707 Attention: Tim Bundy Subject: Preliminary Submittal of Initial Study for Corona del Mar Car Spa 3928 East Coast Highway Dear Mr. Bundy: Pursuant to our conversation regarding the solicitation for a traffic study for the proposed project, the initial study is deemed "incomplete" for purposes of the environmental documentation and will be utilized solely as a means of providing information for the solicitation of the traffic study. The traffic study will be utilized to finalize a more accurate site and floor plan for the project. You will furnish additional information which will also be utiloized for the solicitation of the noise study. I have not received the information for the noise study portion of the process. You had indicated that the information was forthcoming. Your prompt response in this matter is appreciated. Once the plans have been formalized, please call to set up an appointment to go over them prior to making multiple copies for submittal. Should you have any questions please do not hesitate to call. Very truly yours, PLANNINGBUILDINGDEPARTMENT Javier S. Gard, AICP Senior Planner F:\USERS\PLN\IPLANCOM\PENDING\TSI I WNCOMPLT.DOC 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658,8915 PLANNING DEPARTMENT (714) 644-3206 April 18, 1997 Bundy -Finkel Architects 20331 Irvine Avenue, Suite 7 Santa Ana Heights, CA 92707 Attention: Tim Bundy Subject: Traffic Study for a Corona del Mar Car Spa 3928 East Coast Highway Dear Mr. Bundy: Enclosed please find a copy of a proposal submitted by Kimley Hom and Associates, Inc., 2100 W. Orangewood Avenue, Suite No. 140, Orange, CA 92668, regarding a traffic study required for traffic phasing analysis for the proposed carwash located at 3928 East Coast Highway. The proposal is essentially the same as that mailed to you previously. The proposal contains an outline of the required work, schedule of time, and estimated fee required for preparation of the task. The requested Traffic Consultant fees have been reviewed by the City and are considered appropriate and warranted. The fees areas follows: Consultant Fees $4,000 City Fees (10%) $ 400 Total Request: $ 4,400 Please submit a check in the amount of $ 4,400 payable to the City of Newport Beach and sign and return the enclosed authorization. You may fax a copy and mail the original so that we may expedite the consultant's start of the project. Your prompt response in this matter is appreciated. Very truly yours, PLANNINGBUILDINGDEPARTMENT Javier S. GGkdia, AICP Senior Planner attachment: Copy of Traffic Consultant Proposal Contract Authorization cc: Mag Hanna USERS\PLM LAN OPENDING\TSlll\COST.DOC 3300 Newport Boulevard, ewport geacciltvi\ 04/03/97 TRU 11:40 rM^ Kimley-Horn bb,,,;Mr-3 and Associates, Inc. ■ Suite 140 mo W. orangewood Avenue Orange, CaGlomia 92868 April3, 1997 Mr. Javier S. Garcia, AICP Senior Planner City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92659-9915 Subject: Spa at 928 East Coast are a rH Highway Analysis the City or proposed Newport Beach Mar Car Dear Mr. Garcia: Thank you for inviting Kimley-Horn and Associates, Inc. to submit this proposal to prepare a traffic analysis for the proposed Corona del Mar Car Spa at 3928 East Coast Highway Campus Drive in the City of Newport Beach. Kimley-Horn and Associates has extensive experience in addressing local traffic impact circulation issues, and we look forward to this opportunity to work with the City of Newport Beach. QUALIFICATIONS AND STAFFING WXaduction Kimley-Horn is a national transportation engineering firm founded in 1967 and ranked among Engineering News-Record's top 20 transportation firths. We have a staff of approximately 750 in 35 offices throughout the Southwest and Southeast, including the western metropolitan areas of Orange County, San Diego, Los Angeles, San Francisco, Las Vegas, Phoenix, Dallas, Houston, and Denver. Established by transportation planners and traffic operations specialists, our firm offers a national reputation for service to cities, counties, and other public agencies as well as private -sector clients working with local agencies. In Southern California we have provided transportation services for both large- and small-scale studies. Five particularly relevant efforts include: ■ Rossmoor Business Properties, County of Orange — Provided traffic impact analysis, parking circulation recommendations, TDM program recommendations, ■ TEL 714 939 1030 FAX 714 938 9489 04/03/97 THU 11:40 FAX 7149389488 �m� Kialleyliorn and Associates, Inc. Mr. Javier Garcia, Page 2, April 3, 1997 and other project specific analyses for 193-acre property located on the corner of one of the busiest intersections in the County: Moulton Parkway and EI Toro Road. r Bolsa Chica Land Use Plan, City of Huntington Beach/County of Orange — Worked closely with City and County officials and community interest groups to evaluate over 20 alternative development and roadway plans on the controversial Bolsa Chica site. r Christ College Master Plan, City of Irvine — Prepared traffic impact and parking analysis for update of the Christ College Irvine Master Plan. Update included General Plan Amendment and proposed rezoning and development of excess campus property for residential use. ■ Moulton Parkway Car Wash and EZ-Lube, County of Orange -- Kimley-Horn provided traffic impact and traffic circulation consulting services for these two facilities at the northeast and southwest comers of Moulton Parkway and El Toro Road. Both sites have constrained access and circulation features, involving right- in/right-out only movements, and carefully detailed on -site circulation and parking plans for customers' and employees' vehicles. ■ Quick Lube and Car Wash, City of Long Beach — Kimley-Horn is in the process of providing traffic circulation and neighborhood impact consulting services for a small corner site at the northwest corner of 7th Street and Bellflower Boulevard, one of the comers of "The Iron Triangle" in the City of Long Beach. Primary issues include restricted access movements, and mitigation of potential neighborhood intrusion by car wash and quick tube customers. Staffing We have selected the following personnel from our Orange County office with the appropriate related experience in transportation services for planning efforts that may be necessary for this project: Serine Ciandella (Project Manager) " 11 years experience - Traffic modelling Traffic impact analysis - Environmental documentation Transportation Demand Management • Roland Hizon (Analysis and Support) - 9 years experience - Transportation planning - Traffic impact analysis 04/03/97 THU 11:41 M 7149389488 Mr. Javier Gareia. Page 3, April 9, 1997 cKmley-Horn � l and Assocates, Inc. oualijy Asuran /Oualify Control Kitnley-Horn has a detailed QA/QC program that is ingrained into our day -today practice. We operate with a philosophy that our clients deserve quary and n��e� a service QC accurate results. Our QA/QC efforts are guided by a specific manual which is issued to each Kimley-Hom professional, utilized in each project undertaken, and regularly revised/updated. BACKGROUND AND APPROACH Mr. Magdi Hanna (ERCAN, Inc.) proposes to develop the project site as a hand car wash with ancillary retail/office/restaurant uses. The project site is located on the inland side of East Coast Highway, between Poppy Avenue and Seaward Road. Access to the site will be limited to two right -Wright -out only driveways onto East Coast Highway. The traffic impact study will need ton he surrounding stress the amount ofet system.affic to bSince the standard rated by the proposed operation, and its imp sources for trip generation information (ITE, SANDAG Trip Generators, ULI) do not provide comprehensive or reliable trip generation rates, trip genetion estimates will counts be based, in part, on driveway counts cond cted at the nearby NewportAuto P and trip generation information availablc from other car wash studies we have conducted. The traffic analysis will be conducte in accordance with the City's Traffic Phasing Ordinance (TPO) Guidelines. For purf oses of this proposal, it is assumed the following signalized intersections will require am lysis: East Coast Highway at Poppy venue East Coast Highway at Marguerite Avenue We will also address the impact of Project traffic, in terms of increased U-turns, at the unsignalized intersection of East Coast Highway at Seaward Road. SCOPE OF SERVICES The following tasks are envisioned for this project: 1. Conduct a site visit of the proposed site. 2. Meet with City staff to discuss the relevant issues surrounding the proposal, and to obtain traffic counts and any other materials or locus entationjust available. new peak our understanding that the Cit y hour traffic counts at the Poppy and Marguerite intersections.) Reach concurrence on final list of analysis locations, and approach to analysis. 3. Review traffic counts and evaluate for reasonableness and accuracy. 4. Observe traffic flow and traffic patterns on the affected streets. 04/03/97 11:41 FAX iQmleyHorn Mr. Javier Garcia, Page 4, April 3, 1997 and Associates, Inc. fy the r of 5. aassociatedrwith the car washcounts at , and the he direction of apprroachort Auto Spa to tand departure for car wash traffic. 6. Using the data collected in Step H5, estimate to amount of traffic to be generated by the proposed project, and anticipated distribution of project traffic on the area street system. 7. Determine if the project meets I % criteria at any intersection, and if further analysis is necessary. g, identify the impact projected to result from the proposed project. 9, if necessary, identify the mitigation measures necessary to address the impacts. to. Identify the number of project vehicles expected to make a U-turn at the intersection of Seaward Road and East Coast Highway. I1. Present the findings of the analysis in a report. The Scope of Services does not include attendance at public meetings. If attendance at meetings is required, they will be billed on a time -and -materials basis, in accordance with the Kimley-Horn and Associates hourly Billing Rate Schedule in effect at the time. SCHEDULE We are prepared to begin work immediately upon receipt of authorization to proceed. Following receipt of all necessary data, we will complete our analysis within a two- to tbrce-week timeframe. A draft report will be submitted for your review and comment. FEE KHA proposes to complete the tasks outlined above for a lump sum fee of $ 4,000.00. This estimate assumes that the City of Newport Beach will provide the necessary traffic data at the two signalized intersections, and further data collection by Kimley-Horn will not be required for analysis of the previously identified signalized intersections. A breakdown of this cost estimate is provided for your information. pctimated Cost Project Start -Up $300.00 450.00 Existing Conditions Analysis Project Trip Generation/Distribution Estimates 800-00 1 % Analysis .00 350350 00 Project Impact and Mitigation Report Preparation t •300.00 1. 01 04/n3/97 THU 11:41 FAX 7149389488 =❑ndA-Horn and Associates, Inc. Mr. Javier Garcia, Page 5, April 3, 1997 a firm This breakdown is for estimati'ng purposes only, and is not intended to Horn reserves the right to allocate funds as necessary among budget for each task. Kimimley- the various tasks. The proposed fee includes labor fees, plus an amount to cover certain direct expenses for the project which would included in-house duplicating, farsimile, local mileage, telephone, postage, in-house blueprinting, and word processing computer. As necessary, additional additional fee based on current hourly rates plus dire t services will he provided for an expenses at a 1.15 multiplier. Billings will be issued on the basis of percent comp will be due and payable within 30 days of invoicing. CLOSURE in addition to the matters set forth herein, our agreement shall include and shall be subject to the attached Standard Provisions. The term "the client" as used iu the attached Standard Provisions shall refer to The City of Newport Beach. If you concur in the foregoing and wish to direct us to proceed with the scope outlined, please execute the enclosed copy of this letter agreement in the space provided, and return to our offices. Fees and times stated in [his agreement are valid for thirty (30) days after the date of this letter. We appreciate this opportunity to work with the City of Newport Beach, and look forward to a successful project. Please call if you have any questions. Sincerely, KIMLEY-HORN AND ASSOCIATES, Inc. Serine Ciandella, AICP Associate S4CPro1HannaCar.Pro Attachment: Standard Provisions Agreed to this day of 19_ City of Newport Beach M Title: Date: 04/03/97 THU 11:42 FAX 71 VjMLF,Y-HORN AND ASSOCIATES, INC. STANDARD PROVBIO S (t) Engineer's Scope a[ Services The undertaking of fire Engineer m perform professional services under this Agreement extends only to those services (1) Engirt is Scope herein. However, ff requested by the Client and agreed to by the Engineer, the Engineer will Perform add do nd,1^t'a� cnmpettswled Services') hereunder ad shall be compensated therefor as set torah below. !n addition, the Engineer is authorized m perform, doe Client's therefor, Additional Services for thou services the Engineer deems advisable due to emergencies, errors or other unanticipated actions by wmcactor(s), revised regulations govetr v g tie Engineer's services, or rcgntemens of audmciues if, in he Engineer's opinion.such Additional services arc steady in the Client's interest, and advance authoriradon cannot be obtained• In the even of the performance of such Additional Services, the Engineer will notify the Client as soon as practical of the necessity and inception or the Additional Services, the Client[ stall have the following (2) Cl!emt's Resporwib0it(a In addition to other responsibthties specifically described herein or imposed by taw, Instructions. receive responsibilities m WeEngineer. t to this A regiment, such perwn having complee authority m transmit (a) Designae in writing a Person to act as its representative with respect B information, And make or interpret dte Client's decisions. lnens objectives, and expecntiau for the project, These data shall include all numerical crieria (0) Provide all information and criteria as to the Clten's requirements, that are to be followed. that are m be met and all standards of development, design, or (a) Provide to the Engineer all previous studies, plans, or other documents pertaining to the project ad all new data reasonably necessary, N the Engineer's opinion, such as site survey and engineering; data, envirourrental impact assessments or statements, zoning or other land use regulations, etc., upon all of which the Engineer may rely.r to provide Its semica. (d) Arrange for access to the site And Otheprivatey r public property ender required writing a Enginc pertaining thereto within a reasoreble time so as not to delay (a) Review all documents or Oral reports presented the services of fhe Engineer. vernmental authorities having j d jurisdiction over the project and approvals acontents from other parties As may be (f) Furnish approvals and pennis from go necessary for completion of the Engineer's services- con estimating and overall feasibility services as the Client may require or the Engineer (g) Cause to be provided such indepeudi accounting, legal, iraumace, may reasonably request. (h) Give prompt written no,,= to the Engineer whoever the Client becomes aware of any development dun Affects ire cope and timing of tiro Engineer's servncos or any defect or noncompliance in any aspect of the pnoject. (I) Bear all costs incident to de responsibilities of the Client. (3) Period oServices Unless otherwise provided herein, the Engineer will begin work timely after receipt of a fully executed copy of this Agreement a the rid unless specified otherwise herein, shall complete We urviues within a reasonable length of time. The provisions of this section and the compensation tof Engineer included in Ibis Agreement (rave been agreed to in anticipation of conditions permitting continuous and orderly Progress through the completion of the Engineer's services. (a) 'Mines for performance agreed m herein shall be extended m the extent necessary for delays due to natural diluters, strikes, or other delay which the Engineer does not control. suspended in whole or in pen, the dines of per[ormnncc shall be extended m the extent of such delay or suspension; (b) If the E+i in sbal services are delayed or men such suspembn shall not emlioae Wits Agreement unless doe Engineer elects r retsina y nd then ngine in ' accordance with other prowlers pe this on provided Agreement. 8 ouch delay or ausPensbn ezterxis for more than six month, (cumulative for reasons beyond the Engineer's control, the various rates of compensation provided for elsewhere in this Agreement shall be subject to renegotiation. (4) CoanpetsaWn for Services In addition to any basis for compensation set forth herein, the Clients 1 also be invoiced for and shall pay to the Engineer all nos, if any, whether sate. Incal, or federal, levied with respect m amounts paid pursuant to this ran The Engineer shall be compensated in U.S. dollars. If tle Engineer perfote, Arlditinrul Services, the Client shall pay We Engineer fof the performarce of those Additional Services an amount (in addition Left hone calls, electronic messaging, postage, to all older amounts payable under olds Agreement) based upon the Engineer's current hourly rams for de actual time spent by the Engineer in providing such Additional Services Plus An amount m cover ceaam direct expenses m include in-house duplicating, local mileage, P design hits, in-house blueprinting and word processing. Other direct expenses will be billed at 1.15 times cost. Technical use of computers for analysis, 8 8 graphics, etc., will be billed at $25.00 per hour. (5) Method of Payment Compensation shall be paid m the Engineer in vices performed with an following Provisions: (a) Invoices will be submitted by the Engineer to the Client mondly for services performed and expenses deserted Pursuant a this Agreement during the prior month. Payment of each such invoice will be due within twenty-five (25) days of the receipt thereof. Interest will be witted to amounts not paid wnthm 25 days at the maximum rate allowed by law. (b) If the Client falls m make any paymentdue the Engineer r for the services ssandexpenses urvi a ithin t irty A0) days ofgreement ter the lhaSimms due are paid i n fullittal of its . re (r) I the may, n after giving seven (7) days' En If the Engineer givingInitiates van( proceedings) wri to collect o the for services, it may recover, in addition to all amounts due and payable including accrued hftntg, its s, Such m, doe de ermbined at We E gineer reasonable come l hourly billing rritend s,oexpenses tmtime devoted m such proceedings by its employees shall include, but span outinot subject (d) The Client teradneiodges E agrees that die payment for services rendered and expenses incurred by the Engineer Pursuant to this Agreement is not subject to any contingency or conditions. prepared by the Engineer (6) Use of Documents Ali documents, including but not Boded to drawings, specificafiars and data or programs stated electronically, P P are related exclusively to the services deuriherein. They aye car manot intended or made by the Client to any of the Engineer's dresented to be suitable rpartial use or yousa oeuments, including w'rbthouc Iy the Crtdeation the partial extensions of this project or on any ender reuse project. Any the le �i k Engineer's qnr t nyi]'1documents, o� I pl eyoproaue W the without written Client shall i demnify, defendad hold We Engineer harmless from alttclll a be damagesthe ` tosses and expenses including but not limited m attorneys' fees, arising out of or resulting therefrom. Any such verification or adaptation will entitle the Engineer m further wmpcnsation at rates to be agreed upon by the Client and the Engineer. rigs, (7) Opinions Cat Since the Engineer does not control the cost of labor, materials, equipment or services famished by others, methods of determining p or competitive bidding made on the bull of iIna, my s experience and II goal canions nons add represent s bell Ndgmas to costs, including but ent as arti xpeneto tnced and qualified profenions as to ft costs Of ssional, faamilliar with the industry. The Engineer caner and does not guarantee that proposals, bids or actual costs will not vary from opinions of cost prepared by R. If at any ator to = serverc�e Client w � bong ss assurance n anylimitationothe Amount Of any sabl shed by the itshall employill e paid fo etas dentto cost Services by the Clke ient. determination. Engineer's quired G,\OFFICMHAFILES%ADMIMCONMA%=poRMSWKOA,WrDPRREG.ORA W. 10196 04/03/97 THU 11:43 FAX 7149389488 (9) TermhlaUm The obligation to provide hurdler services under this a with the term be laminated h either parry upon seven (7) days' written notice in the even uC substantial failure by the other parry to perform in accordance with die terms hereof through no fault of the terminating part)'• in the event of any termination. tine Engineer shall be Pad for all services tendered to the date of termination, all expenses subject to reimlhurxuunt, and fee, the other team untie exable to penses Incurred by the Engineer as a result of such termination. the o�v�`tthe d>fee hard on the ratio of the tion or this amouno the work donee, greement is a as reasonably determined by die Engineer for services tendered will be a proportional less tier artist payments, if any, which have been made. bite the Engineer, ro the total amount o[ services which were to have been Performed, P P and rc dWo Workers' and will exchange certificates of insurance upon request. If he Client specifically directs tlhe Engineer the insurance t The Engineer is protected by Workers' Cohnpansarion insunnet, employer's liabiltry insurance, professional liability insurarce, liabilityobtain insurance for bodily injury property if t obmin increased r bodil i coverage, or r the nature n the Engineer's activities requires additional Workers' Compensation or similar insurance coverage - to tine Engineer will take out such additional insurance, if obudmibic, at the Client's expense. (10) Liability In performing its professional services hereunder, die Engineer will use that degree a care and skill ordinarily exercised, wale, similar reputable members of its profession practicing in the same or similar locality at the time the setvics are provided. No other during express in the ;cried in circumstances,mpli,iby Phh essdamage, igjury, or liability arising directly and solely or implied, is made or intended by the Engineer's undertaking herein or its performance of services hereunder. The Engineer agrees that rang which an action otherwise could be bmught against it the Engineer will hold the Client iient haaeWrs and theirfrom employeesand agents bat only to the extent set forth as from tlw negligent act or extent of t l of the Engineer, its employees, agents, of this Agreement, Elm total through Engineer r a under follows. To the fullest extent of the )ace, and rhotwithsunding any [ ate, provmonstu nt, and any of them, to the Clientior in the cla sming by, t roughAd u e Engineer's officers, directors, employees, agent. and the Engineer's warranty, ire Client, for any and all claims, losses, cost or damages whatsoever arising Out of- errors or am strict t 1 abili orbreachofhcon tract orhany waAgreement t exceed dig from any cause or causes, including but not limited to, die negligence, professionalany of express or implied, of the Engineer or the Engineer's officers, directors, employees.whicheverriss gceaterUnd, the Engineer's er no circumstances shall tithe Engtttoe obe liable for rout compensation received by the Engineer under this Agreement or S2s,000,Under for cost related to the failure of contractors or lost profit or consequential damages, for extra cost or other consequences due to changed cotillions. materslmen to install work in accordance with the plans and specifications. (lq Experts of Litigation In the event litigation or arbitration in any way related to tie services performed hereunder is initiated against the Engineer y the Client. its es with our Of reimburse the Engtmeer for all ofils°rcasonable attorneys' fees,= enable)edxpott fees, and other exupenses related to thdgment or award e proucedinBrable to �Sltch expenses shale Engineer, the l inllude, but shall not be lim td to, the cost, detcrmind at the Engineer's norms( hourly hitting question between tine Clieme rnntt and the Engito such neerion barismg uie ttofethis Agreement tiod (12) 1 spurn Resolution All claims, ceumm�iaims, disputes, and oilier matters in 4 mi or its breach shall be submitud first to mediation. Failing to reach agrcemen thereby me is die sole discretion n Arbitration so the Engineer, die matter shah then be sat y arbitration or civil action us to binding mmai g arbitration oinei naaccccourfdane ecru t he Commotion o cause of action Industry yserted but Rules of the tno even[ later than allow by applicabletstatinns. No arbitration Proceedings shall include by consolidation, joinder, or in any other manner, any Party other than ttu Client and the Engineer, end arbitration in respPr via ect of S soluenDolly to patto Imiluda any other Issue described claim to stied issues ci lmthe ah)iuradon proceedings di gs matter inlay be amended by speestion shall not be cific wnduen pproval of the Client and the Engineer fore the exception.ntot� � (13) Hazardous Substances Tile Parties understand and agree that in seeking the Pmfessiutal services of du Engineer, the Client does not request the Engineer to underrate w perform any services, studies, or test, or to Croke any determinations involving hazardous substances• as deft by [dfly ent laall w. Thereinto, losses. die Engineer undertakes no such obligation,Mand of or inany Client any coop reelconto hold ol with the harmless, indemnify, ify,disand n defend the or euapefrom and agan for haearduus claims, tattcea of damages, liability, and cost arising any Idra1. or environmental liability of any romrq in any meaner related to services performed by the Engineer seder this Agreement if any condition regarding a buatdous substance, including but not linttd to asbestos, is observed by the Engineer or is alleged during the course of the performance of the services hereunder, die Engineer shall have the right to cease all services umil the hazardous substance condition tChasnt sh o eliminated. aresponsibleThe nforgin the ushall llh1vc the responsibility to notify the Client of any such condition b of rfwhich the Engineer becomes aware, the hazardous substance condition. If the services to be performed by the Engineer hereunder cannot be performed because of the existence of the the hazardous substame condition, the exstence of the condition shall be deemed to be a substantial failure on ire part of the Client to perform m accordance writ the tint of this Agreement, through no fault of die Engineer, for the purposes of termination under paragraph (8). (14) Construction Phase Services re radon of document to be used for construction, the Engineer's oiler to prepare (a) a the Engineer's scopes ed an being retained Additional d paServid[ces r code tits p Pa these document is predicated on being retained and Paid for conducting visit to the construction site It appropriate intervals. TTie Engineer shall not be responsible for interpretation shall of ere armilt of its for any contractor's meanscuments if it is not Cmetho is,tained dpaid for iechniqu sP equipment choice and usage, sequence, schedule, safety programs, dic site visits. (b) The Engineer shall have no responsibility YIlry to stop the se of or safety practices.nor shall En i eergrehaveer any Ghee of co authority or responsibi that the completed work of itowmnctor(s) will generally conform visits the will documents endeavoring by provide Prepaid by the Engineer. (15) Assignment and Subeontrncliog Nothing in this Agreement shall be construed to give any right or benefit to anyone other than Ore Client a the Engineer, and all duties and responsibilities undertaken en n m the Engineer shall assign, riont will be for the sole and exclusive rights undue or interstfitof the rin this Agreementitho t not for tee benefit of any dher party. the written consent of the oilier. However, nothing contained herein shalt prevent or restrict the Engineer from staining Independent pro[usiutml associates as the Engineer may deem appropriate to assist in die performance of it services. tan and information obtained by the Engineer )n the rudne Performance of it services. Nntwirhstading the foregoing, if any tact, data or information are (l6) Confidentiality The Chien contents to the use and dasemiiation by the Engineer of photographs of the project and to the use by me Engineer of facts, specifically identified in writing by We Client as confidential, the 1 law of tine Sate of Californtu.le are to maintain tlx: confidentiality of such identified material. (17) Controlling Law Tils Agreement s to be governed by their legal representatives, executors. (18) Binding Effect This Agreement stall bind, and die benefit thereof shall hrlfo to, tine respcctivo parties hereto, g administmmm successors and assigns. patties, and contempuraticaus (19) Merger; Amendment agreements or u dasotdinenfi• ream et wrmen olly ur ont.gThs Agreement anbesupplemented or ammendd only bes all prior y a written ocument negotiations, representations. 8 executed by both We Engineer and the Client. (20) Severab0iry; Waiver otPmvidom Any provsion in this Agreement that is prohibited or unenforceable in any jurisdiction sliail, as to such jurisdiction, be lutfWn In any other urof stx:tion prohibition or forcemcabifi Y provision ly laby eiithe {tarty shall not constitutong die remaining provisions oa waiver of that provisionting the validity or n orshall t/tit affect the enforwbttity of that provision or of the remainder of this Agreement. G:\OFFICEIKHARLMADMtIACOHTRAXL=pOaax\wP60A%STOPRREGOM tev.10196 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 PLANNING DEPARTMENT (714) 644-3206 April 18, 1997 Kimley Horn and Associates, Inc. 2100 W. Orangewood Avenue, Suite No. 140 Orange, CA 92668 Attn: Serine Ciandella, AICP Subject: Traffic Study for Corona del Mar Car Spa 3928 East Coast Highway CONTRACT APPROVALIAUTHORIZATION.- Approved By: Title: Javier S. Garcia Planner Firm: City of Newport Beach Date: June 30, 1995 Traffic Consultant: Kimley Horn and Associates, Inc. 2100 W. Orangewood Avenue, Suite No. 140 Orange, CA 92668 Date of Proposal: April 3, 1997, copy on file Project Applicant: Corona del Mar Car Spa (Tim Bundy, applicant) Applicant Signature Approval: Corona del Mar Car Spa (Magdi Hanna, Owner) Project Address: 3928 East Coast Highway PLANNING DEPARTMENT BY avier S. Ma, AICP Senior Planner cc: Magdi R. Hanna F:\USERS\PLN\IPLANCONnPENDING\TSI I I WPPROVAL.DOC 3300 Newport Boulevard, Newport Beach 04/03/97 TRU 11:40 FAX 7149389486 , . I KINLLY AURA AND ppnM" Kimley-Horn bh,,;M , and Associates, Inc. ■ so8e 140 2100 w. orangewood Avenue Orange, California 92868 April 3, 1997 Mr. Javier S. Garcia, A1CP Senior Planner Ciryof Newport Beach 3300 Newport Boulevard Newport Beach, CA 92659-8915 is for proposed Corona del Subject: Proposal to epare a Traffic Spa at 3928 East Coast H Highway nthe City of ewport Beach Mar Car Dear Mr. Garcia: Thank you for inviting Kimley-Horn and Associates, Inc. to submit this proposal to prepare a tr' analysis for the proposed Corona del Mar Car Spa at 3928 East Coast Highwa �smptfs Dr. .n the City of Newport Beach. Kimley-Horn and Associates has extensive experience in addressing local traffic impact circulation issues, and we look forward to this opportunity to work with the City of Newport Beach. QUALIFICATIONS AND STAFFING Introduction Kimley-Horn is a national transportation engineering firm founded in 1967 and ranked among Engineering News-Recvrd's top 20 transportation firms. We have a staff of approximately 750 in 35 offices throughout the Southwest and Southeast, including the western metropolitan areas of Orange County, San Diego, Los Angeles, San Francisco, Las Vegas, Phoenix, Dallas, Houston, and Denver. e=T ' Fstablished by transportation planners and traffic operations specialists, our firm offers a national reputation for service to cities, counties, and other public agencies as well as private -sector clients working with local agencies. In Southern California we have provided transportation services for both large- and small-scale studies. Five particularly relevant efforts include: ■ Rossmoor Business Properties, County of Orange — Provided traffic impact analysis, parking circulation recommendations, TDM program recommendations, ■ TEL 714 939 1030 FAX 714 938 9488 04/03/97 THU 11:40 FAX 7149389488 K1J11-El HORN AW ASSOC. I(Sj Oud KimleyHorn and Associates, Inc. Mr. Javier Garcia, Page 2, April 3, 1997 and other project specific analyses for 193-acre property located on the corner of one of the busiest intersections in the County: Moulton Parkway and El Toro Road. r Bolsa Chica Land Use Plan, City of Huntington Beach/County of Orange -- worked closely with City d County s and est groups to evaluate over 0 alternal tivedevelopment alcommunity ndroadway p ai nsontther controversial Bolsa Chica site. ■ Christ College Master Plan, City of Irvine — Prepared traffic impact and parking analysis for update of the Christ College Irvine Master Plan. Update included General Plan Amendment and proposed rezoning and development of excess campus property for residential use. ■ Moulton Parkway Car Wash and EZ-Lube, County of Orange -- Kimley-Hom provided traffic impact and traffic circulation consulting services for these two facilities at the northeast and southwest comers of Moulton Parkway and El Toro Road. Both sites have constrained access and circulation features, involving right- in/right-out only movements, and carefully detailed on -site circulation and parking plans for customers' and employees' vehicles. ■ Quick Lube and Car Wash, City of Long Beach — Kimley-Horn is in the process of providing traffic circulation and neighborhood impact consulting services for a small corner site at the northwest comer of 7th Street and Bellflower Boulevard, one of the corners of "The Iron Triangle" in the City of Long Beach. Primary issues include restricted access movements, and mitigation of potential neighborhood intrusion by car wash and quick tube customers. Staffing We have selected the following personnel from our Orange County office with the appropriate related experience in transportation services for planning efforts that may be necessary for this project: Serine Ciandelia (Project Manager) 11 years experience - Traffic modelling - Traffic impact analysis - Environmental documentation Transportation Demand Management • Roland Mon (Analysis and Support) - 9 years experience - Transportation planning - Traffic impact analysis 04, 03. 97 1I1L 11:41 GtS 7149389488 hI NLI.I ❑U16 AND.: SSUL. 4. U U 4 Mr. Javier Garcia, Page 3, April 3, 1997 Kimley-Horn C: Q and Associates, Inc. 1131ity /Oua iJt Control Kimley-Horn bas a detailed QA/QC program that is ingrained into our day -to day practice. We operate with a philosophy that our clients deserve quality and on -time service and accurate results. Our QA/QC efforts are guided by a specific Kimley-Horn QA/QC manual which is issued to each Kimley-Horn professional, utilized in each project undertaken, and regularly revised/updated. BACKGROUND AND APPROACH Mr. Magdi Hanna (ERCAN, Inc.) proposes to develop the project site as haR4 �r' sh with ancillary retail/office/restaurant uses. The project site is located on the inland side of East Coast Highway, between Poppy Avenue and Seaward Road. Access to the site will be limited to two right-in/fight-out only driveways onto East Coast Highway. The traffic impact study will need to address the amount of traffic to be generated by the proposed operation, and its impact on the surrounding street system. Since the standard sources for trip generation information (ITE, SANDAG Tripnerat rstuttat I) doll bolt provide comprehensive or reliable trip generation rates, trip generation based, in part, on driveway counts conducted at the nearby Newport Auto Spa, and counts availabl1 from other car wash studies we have conducted. and trip generation information The traffic analysis will be condw Ordinance (TPO) Guidelines. For I signalized intersections will require East Coast Highway at Poppy East Coast Highway at Margu in accordance with the City's Traffic Phasing ses of this proposal, it is assumed the following Avenue We will also address the impact of project traffic, in terms of increased U-turns, at the unsignalized intersection of East Coast Highway at Seaward Road. SCOPE OF SERVICES The following tasks are envisioned for this project: 1. Conduct a site visit of the proposed site. the proposal, and 2. Meet with City staff to discuss the relevant issues surrounding to obtain traffic counts and any other materials or documentation available. (It is our understanding that the City onfd Marguerite intersections.) Reach concurrence rt Beach has just completed new peak hour traffic counts at the Poppy g on final list of analysis locations, and approach to analysis. 3. Review traffic counts and evaluate for reasonableness and accuracy. 4. Observe traffic flow and traffic patterns on the affected streets. 04/03/97—'riiu 11:41 FAX 7149389488 _ K1MLEY HOWN AND ASSOC. 10003 Mr. Javier Garcia, Page 4, April 3, 1997 and Associates, Inc. 5. Conduct driveway counts at the Newport Auto Spa to quantify the number of trips associated with the car wash, and the direction of approach and departure for car wash traffic. 6. Using the data collected in Step lt5, estimate the amount of traffic to be generated by the proposed project, and anticipated distribution of of traffic on the area street system. 7. Determine if the project meets 1 % criteria at any intersection, and if further analysis is necessary. g. Identify the impact projected to result from the proposed project. 9. If necessary, identify the mitigation measures necessary to address the impacts. 10, Identify the number of project vehicles expected to make a U-turn at the intersection of Seaward Road and East Coast Highway. 11. Present the findings of the analysis in a report. The Scope of Services does not include attendance at public meetings. If attendance at meetings is required, they will be billed on a time -and -materials basis, in accordance with the Kimley-Horn and Associates Hourly Billing Rate Schedule in effect at the time. SCHEDULE We are prepared to begin work immediately upon receipt of authorization to proceed. Following all necessary data, trarr three-week timef ame.A daft report will be submitted foyouevi w anlysis d comment. FEE KHA proposes to complete the tasks outlined above for a lump sum fee of $ 4,000.00. This estimate assumes that the City of Newport Beach will provide the necessary traffic data at the two signalized intersections, and further data collection by Kimley-Horn will not be required for analysis of the previously identified signalized intersections. A breakdown of this cost estimate is provided for your information. Task Estimated Cost Project Start -Up $300.00 450.00 Existing Conditions Analysis Project Trip Generation/Distribution Estimates 800.00 1 % Analysis Project Impact and Mitigation 350.00 800.00 Report Preparation 1300, V _ s Ak, of w�(s2c The, cV 04/03/97 THU 11:41 FAX 7149389488 _ KIMLEY HORN AND ❑� ❑ Kimley-Horn Mr. Javier Garcia, Page 5, April 3, 1997 and Associates, Inc. This breakdown is for estimley-Horn reserves the right to allocate funds as necespurposes only, and is not intended to sity among ent a firm budget for each task. Kitnley- the various tasks. The proposed fee includes labor fees, plus an amount to cover certain direct expenses for the project which would included in-house duplicating, facsimile, local mileage, telephone, postage, in-house blueprinting, and word processing computer. As necessary, additional services will he provided for an additional fee based on current hourly rates plus direct expenses at a 1.15 multiplier. Billings will be issued on the basis of percent complete, and will be due and payable within 30 days of invoicing. CLOSURE In addition to the matters set forth herein, our agreement shall include and shall be subject to the attached Standard Provisions. The term "the client" as used in the attached Standard Provisions shall refer to The City of Newport Beach. If you concur in the foregoing and wish to direct us to proceed with the scope outlined, please execute the enclosed copy of this letter agreement in the space provided, and return to our offices. Fees and times stated in this agreement are valid for thirty (30) days after the date of this letter. We appreciate this opportunity to work with the City of Newport Beach, and look forward to a successful project. Please call if you have any questions. Sincerely, KIMLEY-HORN AND ASSOCIATES, Inc. Serine Ciandella, AICP Associate SACProlHannaCar.Pro Attachment. Standard Provisions Agreed to this day of 19 City of Newport Beach By: Title: Date: 04/03/97 THU 11:42 FAX 7149389488 KIMLEN' ylWZY-RORN AND STANDARD PROVLSIO TES. INC. ces (1) Engineer's Scope of Services The undertaking Of the Engineer o P`cf°[m Professional services under tics Agreement extends only to those d dons specifically described herein. However. if requested by the Client and agreed o by me Engineer the Engineer will for , And will be simm addifirmal ilarly cnmPeiruatcd Services") hereunder and slats be compensated therefor as set forth below. In addition, de Engineer is authorized o perform. therefor, Additional Services for those services din Engineer deems advisable due to emergenelcs, errors or other unanticipated actions by Use Client's co refer, s), revised Services or those , die Engineer's services, or requirements of authorities if, in the Engineer's opinion, such additional services are ctcady code Client's interest, and advance author ration cannot be obtained. In the event of the performance of such Additional Services, the Engineer will notify the Client as soon as practical of the necessity and inception of din Additional services ey described herein or imposed by law, the Client sttail have rite following (2) Client's Responsibilities In addition to other responsibilities spec' responsibilities to the Engineer: its representative with respect to this Agneemem, such perwn having complete authority o mmar it instructions, receive (a) Designem in writing a person to act u information, and make or interpret the Client's decisions. objectives Ed expectations for the pmjec. These data shall inetude Alt numerical criteria m (b) Provide all infoation and criteria as to the Client's requirements, 1 that are to be met and all standards of development. design, or construction that are to be followed. (a) Provide to dte Engineer all previous studies, plans. or other documents pertaining to din project and all new data reasonably necessary, in the Engineer's opinion, such as site survey and enngueonng data, environmental Impact assessments or statements, zoning or oilier land use regulations. ere., upon all of which die Engineer may rely. as re cored for tine £nginecr o pmwde ins services. (d) Arrange for access to the site and other private or public property 9 (a) Review all documents or oral reports presented by de Engineer and render in writing decisions Pertaining thereto within a rensotubta time so as not o delay the services of the Engineer. be (U Furnish approvals and permits from governmental authorities having jurisdiction over the project and approvals and contents from other parses as many necessary for completion of rite Engineer's services. cost estimating and overall feasibility services as the Client may require or the Engineer(g) Cause to be provided such independent accounting, legal, insurance, may reasonably request. (h) Give prompt written notice to the Engineer whenever the Client becomes aware of any development that affects the scope and timing of the Engineer's services or any defector noncompliance in any aspect of the pncimt (i) Bear all costs incident to the responsibilities of the Client. (3) Period of Services Unless otherwise provided herein, the Engineer will begin work timely after receipt of a fully executed copy of this Agreement and, section through die completionaffirm of the unless specified otherwise herein, shall complete the services within a reasonable length of time. The provisions of dnis section and the compensation o e Engineer included in this Agreement have been agreed o in anticipation of conditions permitting continuous and orderly progress B Engincer's services. (a) Times for performance Agreed to herein shall be extended to din extent necessary for delays due o natural disasters, strikes, or other circumstances which the Engineer does nut control. in wink or in part, tle times of performance aNAll be extended o tine eaten[ of such delay or suspension; (b) If die Engineer's services are delayed or suspendedueer elects to terminate by written nodce in accordance with Oder provisions of this Agreement. such suspension shall not mrmill= this Agreement mess the Engineer's control, the various rates of compensation provided if such delay or suspension extends for more thant six months (cumulatively) for reasons beyond the Eng nee for elsewhere in this Agreement shall be subject to renegotiation. (4) Compensation f as whether a skate locIn al, or leviedny iwith respect in s for compensation paid pursuant to this paragraph. NThe Engineer shall be compensated 'm U.S. Ali taxes, y.rfonnxnee of those Additional Services an amount (in addition dollars. If the Fatgncer Pert'°eau Additional Services' the Chien[ shall pay the Engineer for the pro to all other amounts payable under this Agreement) based upon The Engineer's current hourly rams for the actual tele hone calls, ale ionic messapg'�°ng, postage' Additional Services plus an amount to cover certain direct expenses o iill be in-house dupltimes o t. mileage. P n-house blueprinting and word processing. Other direct expenses will be tidied at 1.15 times cost. Technical use of computers for analysis, design graphics, etc., will be billed at W.00 per hour. (S) Method of Payment Compensation shall be paid o the Engineer in accordance with the following provisions: (a) Invoices will be submitted by the Engineer ode Client monthly for services performed and expenses test will Pursuant o this Agreement during the prior month. Payment of each such invoice will be due widtin twenty-five (25) days of the receipt thereof. Interest w91 be added to accounts not paid within 25 days It the maximum rate allowed by taw. rases within thirty (30) days after the Engineer's uansmutsi of its invoice, die (b) If the Chem falls o make any payment due the Engineerrctfor services and expo id in full- Engi necr may. after giving seven (7) days' written Haute o the Client, suspend service move this Agreement until all amounts due due art gable including =rucd (a) If the Enguear initiates legal proceedings to critical Payments for services. it may recover, c addition to all amountshall s due and pay 8 interest, its reasonable attorneys' tees, reasonable exports' fees, and other o the time elated tothe Pr o such proanedings by iugs. Such pe pl YeS include, but shall not be limited o, the cost, determined at the £ngl agrees that 4tc patual yme t billing Hex, to, The Client acknowledges and tag tat for services tendered and expenses incurred by the Engineer pursuant to this Agreement is not subject o any contingency or conditions. prepared b the Engineer (6) Use of Documents All documents, including but not lindtcd to drawings, sPecificadOm and data tic programs snored electronically, P th Client ni n are related =elusively o Via services descnbed hereinnn��e a as in°ade by the Client in ny of tit Engineeintended or represented to be te for partial usr's documents, including wa or reuse itleu[ limtation the on extensions of this project or on any odner pmlect. Any on b the Engineer o specific purposes intended will be at the Client's sole use of dte Engineer's documents, or any reuse without written verification or adaPtati Y B damages, losses risk And widout liability or legal exposure o dne.Enguieer. The Client shall indemnify, defend and hold die Engineer harmless from 211 claims, and expenses. victualing but not limited o attorneys' fees, arising out of or resulting therefrom. Any such verification or adaptation will entitle Ole Engineer o further compenuadon at rates to be agreed upon by the Client and the Engineer. [ices, (7) OpWlonn of Cost Since the Engineer does not control the con of labor, namrials, equipment b services furnished odors, methods is of wwr c p or competitive bidding or market conditions, any and all opinions tendered as to costs, including but not limited o opinions.edAso the costs of can Hal, fa and materials, shall be made on the basis of its experience and quahfncations and represent its best judgment as an experienced and qualified pared y h, familiar with the industry. The Engineer cannot and does not guarantee that proposals, bids or actual costs will not vary from opinions of cost prepared by d. If at any time lie Client wialies greater assurance as to the amount of ray cost, it shall employ an independent cost estimator to maim such determination. Engineer's services required to bring costs within any limitation established by the Client will be paid for as Additional Services by the Client. G:toF ICMKHAFILFSIADMIMCOMMAX'5MFORMWP6M\STDPRRW'ORA W. 101% 04/03/ 1:43 7149389488 HEMLES HORiv .1W ASSOC. (g) Ttnidnullon The oblig idon to provide mnher services under thia Agreement nay be terminated by titter party upon seven (7) days' written notice in the even o[ substantial failure by die other party to Melon° in accordance with the tents hereof through Ito fault of the terminating parry. In the event of any termination, tie 1114h=r shill be paid for all services rctdered to the date of termination, all expenses subject o reimbursement, and oiler the amount aypenus neer's comperlsmon incurred by 0 xry rendered result of be a propoctiorial a[[iomit of the total feesuch temination. In the event the lbased on the ratio of the tamoun ar this mount work doeement I neuas reasonably determined by tie Engineerless [ion artid payments, If any, whidi have been made. the Engineer, o the tool amount of services which were to have been performed, P P insurance, professional liability iosunlnco� and public (9) Insurance The Engineer is pmected byd�Workers'nWmPamill dOn inssnu certificates ofance,pinsuraii c upon request If the Client specifically directs the Engineer liability insurance for buddy injury and property to obtain increased insurance coverage, or if the more of the Engineer's lieneties requires additional Workers' Compensation or similar insurance coverage, the Engineer will be out such additional insurance, if obtainable, at tilt Client's expense. exercised, urxier similar (1O) Liability In performing its Professional services hereunder, the Engineer will use that degree of care and skill ordinarily or implied, is madeoaintledcd by tatits fingineer profession undtrtakinng in the ng hotel aaameor its performance r similar of services ereunder.at ft time the n The Engineer agrees that ces are provided. No eduri g the period in or which an action ada or riin ended b brought against it the Engineer will hold the Client harmless from loss, damage, injury, or liability arising directly and solely otherw from r employees and agents but only to the extent set forth as follows a To Ida tullut extent of omissions law, and notwithstanding any The Engineer, its yother provisionsees subcontractors Agreement,nWe total liability, in the aggregate of the Engineer and the Engineer's flws.Tofficers, directors, employees, agents, and the Engineer's sttbcotuulanits, and any of them, o the Client or to anyone claiming by, through and under the Client, for any and all claims, loses, costs or damages whatsoever arising out of, resulting from or in any way related to die services order this Agreement from any cause or causes, including but not limited to, die negligence'professional errors or omissions, strict liability or breach of contract or any warranthe ty, express or implied, of the Engineer or the Engineer's officers, director', employ whichever is is greater. Und, the Engineer's er on circumstances alLants onces hall theEngineer be liable or total compensation received by the Engineer udder this Agreement or any of them, shall not xCe r $25,000, lost profits or consequential damages, for extra costs or other consequences due tochanged codiaioK, or for costs related to the failure of contractors or materialmen to install work in accordance with the plans and specificadons. (11) Expenses of Litigation In the event litigation or arbitration in any way related o the services performed hereunder is initialed against the Engineer by the Client, its contncors, or subcontractors, and such proceeding concludes with the entry of a judgment or award favorable to the Engineer, the Client shall reimburse the Engineer for all of its reasonable attorneys' fees, reasonable experts' fees, and o of die time devoted to such lirelated to the tigation by by dietEngiicxPc�'slempoy=. but shall not be limited o, the can, determined at the Engineer's normal hourly billing rates, (12) Dispute Resolution All claims, counterclaims. disputes, and other matters in question between to Client and the Engineer arising out of ilia Agreement gmement tor its breach, o binding arhen be- submitted bitration be submitted in aced first to mediation. with the Construction don ing to eachIndua ? Rules oftheAmerican Arbitration at die sole nAssoc Associon of the ation. artbivation or cie matter shallvil action must be oceedings commenced within one year of de accrual of the cause of action asserter butder dim the in no event Client ater nd die Engineer, and allowed by larbitration ne statinea. r espec[arbitratof aion srpecifically Shall include by consolidation. Joinder, or in any other manner, any Parry described claim, counterclaim, dispute or other matter in question shall not be expanded to include any other issue. The restrictions of the previous unnencC as o patties o ad issues of die arbitration epr�ediiad ngs ad agree thacin seekagbd by etbe pmfeific written sdonal services of die roval of the liEngioeerr, ditnt and the nClient does Out request ngineer for each tthe Engineer (13) undertake Hazardous p Substrform ices Tbepa b undertake o perform any services, sidles, or tests, or to make any determinations involving hazardous substances, as defined by federal taw. Tberetore, Ella defend Engineer lliabiltaka� co h�!� Out of or and in anyway connected with the presClient agrees to hold harmlebi. ence, discharge, release, or bscapeEngineer from and of contaminantstany and all claims, I or hazardous substances of damages, liability. any kind. or environmenW liabgiry of any rlm limited in any asbestos, seated o services performed by the Engineer under this worst of the If any conditionethe regarding e a Ihazardous substance, including but not limited o asbestos, is observed by the Engineer or is alleged during 1}le course o de performance of die services hereunder, the Engineer shall have the right o cease all services until the hazardous substance condition has been climinatul. The Engineer slate have the climinadon of responsibility to notify the Client of any such coes t ob of which the Engineer performed b the Engineer hereunderecomes aware ' cannot lit performand the Client ll be %,ololy responsible for ed because of the xistence of to hazardous the hazardous substance condition. If the services o be pe Y g to a substantial failure on the Part of the Client to perform in accordance with tie terms substance coodidon, the existence of die condition shall be deemed of this Agreement, through no fault of the Engineer, for the purposes of terininatinn under paragraph (9). (14) Construction Phase Services (a) N the Engineer's scopes of services or Additional Services include the preparation of documents to be used for construction, the Engineer'sEngine a offer gill prepare these documents is predicated on being retained and paid for conducting visits to the construction site at appropriate intervals. The Engineer shhall not be responsible for interpretation of the ntent of its documents if it is not retained and paid for periodic sitchoice and usage, sequence, schedule, safety programs, e visits. (b) The Engineer shall have no responsibility for any contractor's means, mli ethods, qucsequipment or safety practices, nor shall Engineer have any authority or responsibility to sop the work of any contractor, The Engineer's visits will be for the purpose is endeavoring to provide the Ceiem a greater degree of confidence that the completed work of its contractor(s) will generally conform o the coiinrucdon dceutnetK prepared by the Engineer. (15) Assignment and Subcontracting Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than We Client and the Egircer, and all dudes and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Client and the Engineer ad sign, suble� or tnot he for consent of the other. However, nothing r the (ient nor the contained herein shall prevent or restrict the Engiinneetany r from retaining hts Independer or ent professional in this associa snt without as the Engineer may deem appropriate o assist In the performance of its services. (16) Confidentiality The Client consents o the use and dissent] nuance n by f it Engineer of photographs of the Project and to the use by the Engineer ni bets, dam and information obtained by the Engineer In the routine Porto of its services. Nntwrt cart to m i the foregoing, if any facts, data a tified material. are specifically identified in writing by We Client as confidential, die Engineer shall use reasonable care ie maintain tie confidentiality of such Identified rnaterial. (17) Controlling Law This Agreement is to be governed by ne law of die State of California. pe p their legal representatives, executors, (18) Binding Effect This Agreement shall bind, and die benefits thereof shall inure to, to ru dive parties hereto, g P administn m s, successors and assigns. Parties, and nag Merger Amendmmtl ngrmmeentsorr u detsmWingcontract contains the s.wtiedeio and r written olly integrated ro al.gtThis Ag eem nt anent between besupplomentcd or supersedes only by u written ocument MgodttoK, [epresenadoK, $ executed by both die Engineer and the Client. (2p) SeverabilAy; Waiver of previsions Any provision in this Agreement that is prohibited or menformble in any jursdicuon blall, as to such jurisdiction, be ineffective to the extent of such probibition or unendorceabtity without invalidating the remaining provisions or affeenng the validity or enforceability of such provision in any other jurisdiction. The non.enforcoment of any provision by either patty shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. G.IOFFIChIxHAMLFs1ADMiMCOWMAXI,TMFORMMWP60AWMFRR¢G.ORA rev. 1096 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658.8915 PLANNING DEPARTMENT (714) 644-3206 March 28,1997 Kimley- Ciandella Horn and Associates, Inc. 2100 W. Orangewood Avenue, Suite No. 140 Orange, CA 92668 Attn: Ms. Serine Ciandella Subject: Traffic Phasing Ordinance Study for Corona del Mar Car Spa (Magdi Hanna, applicant), at 3928 East Coast Highway, Newport Beach Dear Ms. Ciandella: The City of Newport Beach Planning Department has received an application for the construction of a mechanical automobile carwash and a small restaurant facility on a site that is located at 3928 East Coast Highway in the City of Newport Beach. The proposed facility would require a TRAFFIC STUDY to determine the impact of the subject proposal on the City's Traffic Circulation System. The City invites you to submit a proposal to prepare a Traffic Phasing Ordinance Study for this project. If you are interested, at your earliest convenience, please submit a proposal to the City including project tasks, budget, and timing. A copy of the site plan and area breakdown of uses have been included for your information and use. The tasks should also include an analysis of the parking demand characteristics of the proposed uses; an analysis of the existing and projected impact on turning movements at the intersection of East Coast Highway and Seaward Drive; and analysis of the on -site traffic circulation of the facility. For traffic data or technical questions please contact, Janet Divan, in the City's Traffic Engineering Division at (714) 644-3349. Should you have any other question or more information regarding this project, please contact me. Very truly yours, By w A_4.�-�- Javier S. Garcia, AICP Senior.Planner Attachment: Information from the Applicant Describing the Proposed Operation Copy of Proposed Plan P:\USERS\PLMIPLANCOMAPENDiNG\TSI (1\PROPOSAL.CHIC 3300 Newport Boulevard, Newport Beach 1 I0WA0001 February 25,1997 ENVIRONMENTAL INFORMATION FORM BUNDY-FINKEL PROJECT NO.96.196 Date: February 20, 1997 Potential Environmental Effects CDM PLAZA EARTH: The current configuration of the site and the proposed project will require some onsite grading but will cemain as a balanced site with insignificant, if any, amounts of export or import required. Some retaining will be required in the northwest comer of the site to accommodate the transition from the alley to the second level parking deck. It is estimated that the excavation required by this retaining condition will generate the fill necessary to balance the south and northeast parts of the site. 2. AIR: This project will create little to no significant impact to the current odor emissions from the site. The proposed office / retail portion on the second level will not contain uses that will add to the odors. The carwash / boutique and its operations on the ground level also will not generate odors that will impact the adjacent properties. 3. WATER: The site currently surface -drains across the southeast portion of the site to the street sewer system via the existing system of catch basins. The proposed project will continue to follow the general drainage pattern but will provide a below -grade, closed loop clarifier system to contain the run-off and recirculate the water to the carwash operations. During the course of construction, an erosion control plan will be Implemented to minimize rainwater run-off during construction. 4. BIOLOGICAL RESOURCES: This project will be combining the Gallo's restaurant lot with the vacant lot to the east. Neither site has any existing landscaping other than the erosion -controlling vegetation on the sloped bank in the northwest portion of the site. There are currently no fish or wildlife inhabiting the site. 5. NOISE: A carwash operation utilizing air blower/dryer units, compressors and vacuums will 20331 IRVINE AVE • STE. 7 SANTA ANA H T S-CA- 9 2 7 0 7 T E L 7 1 4 8 6 0 7 6 7 5 F A X 7 1 4 8 5 0 7 6 7 6 Environmental Information Form 02/26/97 CDM Plaza - BFA Job # 96-196 PAGE 2 be installed at this site but should have a minimal impact to the noise level at the surrounding area. Due to the equipment's location on site, the type and location of enclosures around the equipment, the use of acoustic devices integrated with the equipment, and due to the current level of ambient noise generated by Coast Highway traffic, this project should not negatively affect the overall noise levels at the property lines of this project It is our intention to provide the project with state-of-the-art equipment that will mitigate noise -related concerns emanating from the equipment as well as the general operation of this facility. All of the noise -producing compressors and vacuums will be wrapped with sound -absorbent material and located in walled enclosures or rooms which will eliminate the majority of noise. The air blowerfdryer will be located near the exit end of the carwash tunnel which will be separated from adjacent property by the parking deck above and the retaining wall to the north and west - the general direction noise would be emanating from the equipment. The noise generated by the compressed air hoses in the dry -off area will also be shielded by the parking deck above and the property line wall to the east. There will be a provision in operation standards that eliminates yelling, a speaker system or horn honking to notify the carwash patrons. Instead, a noiseless beeper will be distributed to alert each carwash customer that their car is ready for pick-up. During construction there will be some noise generated that can be limited to specific hours and days of the week to minimize its impact to the surrounding properties. 6. LIGHT AND GLARE: There will be limited locations of pole -mounted fixtures to meet required parking lot site lighting levels, strategically placed exterior wall washing fixtures to highlight architectural features and low level landscape lights to illuminate the stairs and monument sign. The pole -mounted fixtures will have cut-off shields to eliminate light spillage onto the adjacent properties. The overall appearance of the lighting will reflect the Intended commitment for this project to be a good neighbor to the surrounding properties. 7. LAND'USE: A) There is an existing single story restaurant with patio on the west side of the lot to be combined with the adjacent vacant land. It is bordered to the north by a residential property and the public alley edging the continuation of Buck Gully. The west side is framed by a zero -lot -line two-story masonry building with rooftop parking. To the south is the Coast Highway and to the east is a 6'-6' wood fence surrounding a multi -unit residential complex. 13) The proposed project falls within the zoning guidelines for a commercial use but is required to process a C.U.P. for approval of the carwash use. C) The current zoning of the property in question and the adjacent property uses to the west are all part of the RSC zone which allows development of this type of use. This type of use will provide a service to the community currently unavailable within a several mile radius as well as establish a Environmental Information Form 02/26/97 CDM Plaza - BFA Job # 96-196 PAGE 3 link both visually and functionally between the dense urban condition to the north- west and the more open residential configuration to the southeast. This serves as an edge between the commercial zone and the residential zone. 8. PUBLIC HEALTH AND SAFETY: The operation of a carwash facility poses no risk to public health due to an explosion or release of hazardous materials. Proper measures have been utilized to eliminate any potential hazard or contamination from the previous use, a gas station, and certification of its clean status is available upon request. 9. POPULATION / HOUSING / EMPLOYMENT: B) The project will continue to include the operations of Gallo's restaurant with its two employees, the carwash will employ approximately 8 people; the office portion will provide facilities for the owner with three people employed (including the owner); and the retail portion will have most likely only one employee. The total employee count then would be 14 people. 10. TRANSPORTATION / CIRCULATION / PARKING: The calculations use parking ratios for the variety of uses based on standard requirements for the specific uses. The calculations indicate that the project provides sufficient parking stalls to meet the code requirements. They are defined as follows: Addition to Gallo's: 220 s.f. @ 1/200 = 1.2 cars Existing Gallo's: Specialty food @ 2/building = 2.0 cars Carwash w/ boutique: use @ 8/carwash = 8.0 cars Office upstairs: 1,330 s.f. @ 1/250 = 5.3 cars o��o� ..h��iM• qFn c f Nh 1 MM1 = 9 A d Am Total stalls required: 19.3 cars Total stalls provided: 21.0 cars In addition, bicycle racks will be provided for a minimum of three bicycles. The proposed project will eliminate one of the three existing driveways to the Coast Hwy. and will consolidate access to the two remaining driveways, enlarging both of them to facilitate ingress and egress from the site In a safe manner. in addition, there will be access from Hazel Dr. and the alley at the northwest to the second level parking deck. 11. PUBLIC SERVICES / UTILITIES: The current level of service from utilities and public services is adequate to meet the needs of this project. 12. AESTHETICS: The project is designed to minimize its impact on the sight lines of the adjacent properties. By placing the bulk of the two-story building closest to the northwest half of the site, the residence to the north west is the primary structure with a potentially Environmental Information Form 02/25/97 CDM Plaza - BFA Job # 96-196 PAGE 4 obstructed view, but the portion of the residence that extends towards Buck Gully does not have any windows that face the site directly. in addition, the finish grade of the house is significantly above the finish grades proposed for the second floor of the proposed building which will eliminate any direct obstruction. The residences to the north east, along the edge of Buck Gully will have only a portion of the new building In their line of site. An 80' wide view corridor will be maintained between the existing multi -residential project and the southeast edge of thenew two-story portion of the building. This piece of the building has the architectural treatment of a compatible style that will blend into the vernacular of the area. The building's appearance has been enhanced wherever viewed by surrounding property owners. The north elevation for Instance, has openings and architectural treatments which minimizes its appearance as a retaining wall along the gully edge and provides for landscape enhancements along its length. The overall building mass has been broken down to scaled elements that define the office and retail uses as objects on the parking deck plane above the carwash tunnel. This composition of elements enlivens the view of the building from all sides with voids and solids, awnings, decks, stairs and a balcony in a manner complimentary to the architecture of the area. The balcony, deck and stairs at the second level are designed to encourage pedestrian access from the street in an effort to help activate the highway and provide a human element to the site. The overall result is a project that strives to be a good neighbor and a positive addition to frontage along the Coast Highway. 13. CULTURAL AND HISTORIC RESOURCES: The site was previously used for a gas station which was removed from the site along with its underground tanks and accessory piping. The excavation and recompacting that left the site in its current condition would have uncovered any significant archaeological or paleontological finds. The new project will have no impact on any building, structure, or object having historical, cultural, or religious significance. file: 196-01.app CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658.8915 PLANNING DEPARTMENT (714) 644-3206 March 28, 1997 Kimley- Ciandella Horn and Associates, Inc. 2100 W. Orangewood Avenue, Suite No. 140 Orange, CA 92668 Attn: Ms. Serine Ciandella Subject: Traffic Phasing Ordinance Study for Corona del Mar Car Spa (Magdi Hanna, applicant), at 3928 East Coast Highway, Newport Beach Dear Ms. Ciandella: The City of Newport Beach Planning Department has received an application for the construction of a mechanical automobile carwash and a small restaurant facility on a site that is located at 3928 East Coast Highway in the City of Newport Beach. The proposed facility would require a TRAFFIC STUDY to determine the impact of the subject proposal on the City's Traffic Circulation System. The City invites you to submit a proposal to prepare a Traffic Phasing Ordinance Study for this project. If you are interested, at your earliest convenience, please submit a proposal to the City including project tasks, budget, and timing. A copy of'the site plan and area breakdown of uses have been included for your information and use. The tasks should also include an analysis of the parking demand characteristics of the proposed uses; an analysis of the existing and projected impact on turning movements at the intersection of East Coast Highway and Seaward Drive; and analysis of the on -site traffic circulation of the facility. For traffic data or technical questions please contact, Janet Divan, in the City's Traffic Engineering Division at (714) 644-3349. Should you have any other question or more information regarding this project, please contact me. Very truly yours, Bye' e4!QtomnL Javier S. Garciaia, AICP Senior Planner Attachment: Information from the Applicant Describing the Proposed Operation Copy of Proposed Plan V 1 F:\USERS\PLN\IPLANCOM\PENDMG\TS1111PROPOSAL.DOC 1 3300 Newport Boulevard, Newport Beach CORONA DEL MAR RESIDENTS ASSOCIATION P.O.BOX 1500 Corona Del Mar, CA 92625 February 27, 1997 MAYOR JAN DE BAY and MEMBERS OF THE NEWPORT BEACH CITY COUNCIL c/o Kevin Murphy/City Manager City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92659-1768 Re: Proposed Corona del Mar Auto Spa across from 5-Crowns Dear Madam Mayor and Members of the City Council: 1 4 TR 3 M7 CITY CLERK CITY nr •• `tY?�:S( aE�•Cta The Corona del Mar Residents Association Board of Directors, at its regular meeting of February 20, 1997, voted unanimously to send you a letter opposing the Corona del Mar Auto Spa, which is proposed to be located on Pacific Coast Highway, roughly oppose the 5-Crowns Restaurant in Corona del Mar. The residents feel that this is an inappropriate use of the property. An auto spa in this location is totally incompatible with the adjacent residential neighborhoods. The Association is concerned with traffic congestion and noise impacts that would adversely effect the residents in the area. In light of the overwhelming opposition to this land use in this location, we hope the City Council will reject this project, and encourage the landowner to find a more appropriate use for this parcel. Sincerely, BOARD OF DIRECTORS, CORONA DEL MAR RESIDENTS ASSOCIATION Date 3 3 ��Copies Sent To: 1� r�ayor r' uN311 Member mal-.1 alter CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658.8915 PLANNING DEPARTMENT- (714) 644-3200 March 6,1997 Corona del Mar Residents Association P.O. Box 1500 Corona del Mar, CA 92625 Attn: Board of Directors SUBJECT: Corona del Mar Auto Spa 3928 East Coast Highway, Corona del Mar, CA 92625 To the Board of Directors: In response to your letter of February 27, 1997, an application for an environmental determination has been submitted related to the above referenced project. This application will begin the process for review of the environmental aspects of the project. I understand that as residents of Corona del Mar you have specific concerns related to the proposed project's impact on traffic and noise. Please be assured that you will be informed of any future public hearings and that your concerns will be taken into consideration in the review of the project. Public hearings' will be scheduled to review the applicant's requests for alley abandonment and vacations and project specific applications (environmental document, traffic study, noise study, lot line adjustment, site plan review and use permit). The public hearings will provide ample opportunity for public comment and to voice concerns related to the project. If the project is approved by the Planning Commission, appeal of that decision can made to the City Council in accordance with procedures specified in the Municipal Code. I hope that this information is helpful to you and should you have any questions please do not hesitate to contact me at the number above. Sincerely, PatriciaL. Temple Planning Director cc: Mayor and members of the City Council Planning Commission City Manager Assistant City Manager Property Owner of 3928 East Coast Highway F.\USERS\PLN\SRARED\2LETTERS\CDM-RES.DOC 1 The public hearings will be noticed in accordance with Section 20.80.050 of the Newport Beach Municipal Code. In addition, the affected business and homeowners associations will also be notified of the public hearings. 3300 Newport Boulevard, Newport Beach