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HomeMy WebLinkAbout16 - MND for Newport Blvd & 32nd StCITY OF F NEWPORT REACH City Council Staff Report October 28, 2014 Agenda Item No. 16 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Kimberly Brandt, Community Development Director — (949) 644 -3226, kbrandt@newportbeachca.gov PREPARED BY: Andy Tran, P.E., Senior Civil Engineer and James Campbell, Principal Planner PHONE: atran @newportbeachca.gov, (949) 644 -3315; jampbell@newportbeachca.gov, (949) 644 -3210 TITLE: Newport Boulevard and 32nd Street Modification —Adoption of Mitigated Negative Declaration (PA2014 -134) ABSTRACT: Adoption of a Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) in accordance with the California Environmental Quality Act (CEQA) and the approval of the conceptual roadway design. RECOMMENDATION: a) Adopt Resolution No. 2014 -93 (Staff Report Attachment No. 1), A Resolution of the City Council of the City of Newport Beach adopting Mitigated Negative Declaration No. ND2014 -001 (SCH No. 2014091008) for the Newport Boulevard and 32nd Street Modification Project (PA2014 -134), pursuant to the California Environmental Quality Act; and b) Approve the conceptual roadway design of the Newport Boulevard and 32nd Street Modification project (Staff Report Attachment No. 2). FUNDING REQUIREMENTS: There is no fiscal impact related to the adoption of the MND. DISCUSSION: The proposed project has been developed to improve Newport Boulevard and 32nd Street between Via Lido and 30th Street in order to increase vehicle and bike capacity and reduce traffic congestion to an acceptable level of service. The project involves widening Newport Boulevard to accommodate one additional northbound through lane from 30th Street to 32nd Street and one additional southbound through lane from Via Lido to 32nd Street terminating as a right -turn only lane at 32nd Street. Bike lanes on both sides of Newport Boulevard will be extended from Via Lido to 32nd Street. The intersection at 32nd Street will be modified to improve roadway geometrics. 16 -1 This project also involves the construction of raised landscaped medians, parkway trees and landscaping, street light modifications with upgrades to LEDs, traffic signal modifications, and signing and pavement striping. As a result of the roadway widening and the addition of vehicular and bike lanes, on- street parking along Newport Boulevard between Via Lido and 30th Street will be removed and replaced with a new parking lot. The new public parking lot will be constructed on the former bank property located at the northwest corner of Newport Boulevard and 32nd Street. In addition to this new public parking lot and several other existing public parking lots in the vicinity, there are four privately owned parking lots on the west side of Newport Boulevard that serve the existing businesses between 32nd Street and Short Street. A roadway conceptual design is contained in Attachment No. 2. The conceptual landscape plan will be presented to the City Council for review and approval at a later date. In order to facilitate these improvements, additional right -of -way will be required. On August 12, 2014, City Council approved a Purchase and Sale Agreement to acquire 3201 Newport Boulevard and 3204 Marcus Avenue. Grant deeds for these two properties were recorded with the Orange County Recorder's Office on October 7, 2014. City Council also approved the partial dedication of two City owned parcels located at 3300 Newport Boulevard and 3531 Newport Boulevard to facilitate the project. ENVIRONMENTAL REVIEW: A Mitigated Negative Declaration (MND) has been prepared by Chambers Group, Inc., in accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3 (Exhibit "A" of Attachment No. 1). The MND was routed to the City Council in advance of this staff report to allow additional time to review the report. A copy of the MND is available on the City's website, at each Newport Beach Public Library, and at the Public Works Department at City Hall. The MND does not identify any component of the project that would result in a significant impact on the environment per CEQA guidelines that cannot be mitigated to a less than significant level. Based upon the analysis of the Initial Study, the environmental categories within which the project would have either no impact or less than significant impact were: Aesthetics, Air Quality, Agricultural /Forest Resources, Biological Resources, Greenhouse Gas Emissions, Hydrology /Water Quality, Land Use /Planning, Mineral Resources, Population /Housing, Public Services, Recreation, Transportation/Traffic, and Utilities /Service Systems. The Initial Study further identified the following environmental categories within which the project would have potentially significant impacts: Cultural Resources, Geology /Soils, Hazards /Hazardous Materials, and Noise. Specific mitigation measures have been included to reduce the potentially significant adverse effects to a less than significant level. A Mitigation Monitoring and Reporting Program (MMRP) has been prepared for adoption (Exhibit "B" of Attachment No. 1). The MND was made available for public review for a 30 -day comment period from June 26, 2014, to July 28, 2014. Three comment letters were received for consideration. Notice to the State Clearinghouse was provided and the MND was made available for a second, 30 -day public comment period from August 29, 2014 through October 1, 2014, in accordance with CEQA. Four additional comment letters were received for consideration. Although not required pursuant to CEQA, written responses have been prepared for each of the seven comment letters and they are attached as Attachment No. 3. No new significant information is presented in the comments and responses to warrant recirculation of the MND, and staff recommends adoption of the MND and MMRP. 16 -2 NOTICING: As part of the MND public review process, the City mailed notices with a detailed description of the project to all residents, businesses and property owners within a 300 -foot radius from the project site. Staff also published a notice of this meeting in the Daily Pilot. In addition to the public review process of the MND, Public Works Staff has communicated and presented the project concept to several businesses along Newport Boulevard. The project was also discussed during recent city council meetings on August 12, 2014, and September 9, 2014, as part of the right -of -way acquisition phase. Staff will also present the final landscaping concepts at an upcoming City Council Study Session and will also host a community project outreach meeting to keep residents and businesses informed as the project progresses. ATTACHMENTS: Description Attachment 1 - Resolution Adopting MND No. ND2014 -001 Attachment 2 - Concept Plan Attachment 3 - Comments and Responses 16 -3 Attachment No. 1 Resolution adopting the MND and Mitigation Monitoring and Reporting Program 16 -4 RESOLUTION NO. 2014- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING MITIGATED NEGATIVE DECLARATION NO. ND2014 -001 (SCH NO. 2014091008) FOR THE NEWPORT BOULEVARD AND 32ND STREET MODIFICATION PROJECT; CONTRACT #4881 (PA2014 -134) THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. The Circulation Element of the General Plan designates Newport Boulevard between 32nd Street and Via Lido as a Major Road to be improved as a 6 -lane divided highway. Currently this roadway segment does not meet this standard and Newport Boulevard is one of only two major roadways providing vehicular access to and from the Balboa Peninsula. 2. The City's Capital Improvement Program calls for the widening of this roadway segment consistent with the Circulation Element of the General Plan and the Orange County Master Plan of Arterial Highways. 3. Traffic through this roadway has increased over time to where the roadway segment currently operates above its designed capacity leading to unnecessary congestion that impedes access to the Balboa Peninsula for residents and visitors. 4. The proposed project will implement the Circulation Element by widening the roadway to 6 lanes and it will improve the level of service along the affected roadway segment to a more acceptable level of service. As a result, proposed improvements enhance vehicle circulation through this critical roadway segment and will improve access to the area for both residents and visitors. 5. Although the project will remove existing street parking along the west side of the affected roadway, a new off - street parking lot will be created at the northwest corner of the intersection of 32nd Street and Newport Boulevard such that there will be no net loss of public parking. Therefore, there will be no impact to public access due to changes in available public parking. 6. A public meeting was held by the City Council on October 28, 2014, in the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the City Council at this hearing. 16 -5 City Council Resolution No. 2014- Page 2 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. Pursuant to the California Environmental Quality Act, Public Resources Code Section 21000, et seq. ( "CEQA "), the CEQA Guidelines (14 Cal. Code of Regulations, Sections 15000 et seq.), and City Council Policy K -3, the proposed amendments ( "Project') are defined as a project and as such subject to environmental review. 2. The City thereafter caused to be prepared an Initial Study /Mitigated Negative Declaration ( "MND ") in compliance with CEQA, the State CEQA Guidelines and City Council Policy K -3. 3. Notice of the availability of the draft MND was given and the draft MND was made available for public review for a 30 -day comment period beginning on June 26, 2014, and ending July 28, 2014. The City received three comment letters during this initial public review /comment period. Notice to the State Clearinghouse was provided and a subsequent Notice of the Availability of the draft MND was given in accordance with CEQA, the State CEQA Guidelines and City Council Policy K -3. The draft MND was made available for this second public review period beginning on August 29, 2014 through October 1, 2014, and four additional comment letters were received. 4. Although not required pursuant to CEQA, written responses to all seven comment letters received were prepared. The comments and responses were considered by the City Council while considering the approval of the proposed project. The comments and responses to comments do not represent significant new information to warrant recirculation of the MND. 5. The Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program are attached as Exhibits "A" and "B ", respectively. The documents and all related materials, which constitute the record upon which this decision was based, are on file with the Public Works Department, City Hall, 100 Civic Center Drive, Newport Beach, California. 6. On the basis of the entire environmental review record, the proposed project, with mitigation measures, will have a less than significant impact upon the environment and there are no known substantial adverse affects on human beings that would be caused. Additionally, there are no long -term environmental goals that would be compromised by the project, nor cumulative impacts anticipated in connection with the project. The mitigation measures identified by the Mitigated Negative Declaration and incorporated in the Mitigation Monitoring and Reporting Program are feasible and will reduce potential environmental impacts to a less than significant level. 16 -6 City Council Resolution No. 2014- SECTION 4. DECISION. Page 3 NOW THEREFORE, the City Council of the City of Newport Beach, California, hereby resolves as follows: 1. The City Council of the City of Newport Beach hereby adopts Mitigated Negative Declaration No. ND2014 -001 (SCH #2014091008) attached as Exhibit "A ", which is incorporated by reference. 2. The City Council of the City of Newport Beach directs the Public Works Director to incorporate the mitigation measures contained in the Mitigation Monitoring and Reporting Program attached as Exhibit `B" in the plans and specifications for the project to be implemented. Passed and adopted by the City Council of Newport Beach at a regular meeting held on the 28th day of October, 2014. MAYOR ATTEST: CITY CLERK 16 -7 Exhibit "A" Newport Boulevard and 32ND Street Modification Project Mitigated Negative Declaration No. ND2014 -001 State Clearinghouse Number 2014091008 i[�] DRAFT INITIAL STUDY /MITIGATED NEGATIVE DECLARATION NEWPORT BOULEVARD AND 32ND STREET MODIFICATION PROJECT NEWPORT BEACH, CALIFORNIA Prepared for: CITY OF NEWPORT BEACH DEPARTMENTOF PUBLIC WORKS 100 Civic Center Drive Newport Beach, California 92660 Prepared by: CHAM MRS GROUP 5 Hutton Centre Drive, Suite 750 Santa Ana, California 92707 (949) 261 -5414 June 2014 Mitigated Negative Declaration No. ND2014 -001 State Clearinghouse Number 2014091008 16 -9 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California TABLE OF CONTENTS Page SECTION 1.0 - INTRODUCTION .............................................................................. ............................... 1 1.1 PURPOSE OF THE INITIAL STUDY ................................................................... ............................... 1 SECTION 2.0- PROJECT DESCRIPTION AND ENVIRONMENTAL SETTING ................. ............................... 2 2.1 PROJECT PURPOSE ......................................................................................... ............................... 2 2.2 PROJECT LOCATION AND SITE CHARACTERISTICS ......................................... ............................... 2 2.3 PROJECT BACKGROUND ................................................................................. ..............................7 2.4 PROJECT GOALS AND OBJECTIVES .................................................................. ..............................7 2.5 PROJECT CHARACTERISTICS ............................................................................ ..............................8 2.6 REQUIRED PERMITS AND APPROVALS ........................................................... ............................... 9 SECTION 3.0- ENVIRONMENTAL DETERMINATION ............................................. ............................... 11 3.1 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: .............................................................. 11 3.2 DETERMINATION ........................................................................................... .............................11 SECTION 4.0 - EVALUATION OF ENVIRONMENTAL IMPACTS ............................... ............................... 12 SECTION 5.0 - CHECKLIST OF ENVIRONMENTAL ISSUES ....................................... ............................... 14 5.1 AESTHETICS .................................................................................................... .............................14 5.2 AGRICULTURE & FOREST RESOURCES ......................................................... ............................... 16 5.3 AIR QUALITY ................................................................................................... .............................18 5.4 BIOLOGICAL RESOURCES ............................................................................... .............................29 5.5 CULTURAL RESOURCES ................................................................................ ............................... 31 5.6 GEOLOGY AND SOILS ................................................................................... ............................... 37 5.7 GREENHOUSE GAS EMISSIONS .................................................................... ............................... 40 5.8 HAZARDS AND HAZARDOUS MATERIALS .................................................... ............................... 42 5.9 HYDROLOGY AND WATER QUALITY ............................................................. ............................... 46 5.10 LAND USE AND PLANNING .......................................................................... ............................... 49 5.11 MINERAL RESOURCES .................................................................................. ............................... 51 5.12 NOISE ............................................................................................................. .............................52 5.13 POPULATION AND HOUSING ....................................................................... ............................... 68 5.14 PUBLIC SERVICES .......................................................................................... ............................... 69 5.15 RECREATION ................................................................................................ ............................... 71 5.16 TRANSPORTATION AND TRAFFIC ................................................................. ............................... 72 5.17 UTILITIES AND SERVICE SYSTEMS .................................................................. .............................75 5.18 MANDATORY FINDINGS OF SIGNIFICANCE .................................................. ............................... 77 SECTION 6.0- SOURCE REFERENCES ................................................................... ............................... 80 SECTION 7.0 - REPORT AUTHORS AND CONSULTANTS ........................................ ............................... 82 Chambers Group, Inc. 20514 16 -11 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California APPENDICES APPENDIX A: CALEEMOD MODEL AIR QUALITY OUTPUT FILES APPENDIX B: CULTURAL RESOURCES LETTER REPORT APPENDIX C: GEOTECHNICAL INVESTIGATION APPENDIX D: CALEEMOD MODEL GREENHOUSE GAS OUTPUT FILES APPENDIX E: INITIAL SITE ASSESSMENT APPENDIX F: WATER QUALITY MANAGEMENT PLAN APPENDIX G: HYDROLOGY REPORT APPENDIX H: NOISE IMPACT ANALYSIS The appendices may be accessed at the following webpage: http:// www. newportbeachca .gov /pin /CEQA_DOCS.asp ?path= /Newport Blvd and 32nd Street Modification Chambers Group, Inc. 20514 16 -12 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California LIST OF FIGURES Page Figure1: Location Map ................................................................................................... ..............................3 Figure 2: Project Feature Map ....................................................................................... ............................... 5 Figure 3: Land Use Compatibility Matrix ...................................................................... ............................... 55 Figure 4: Noise Measurement Locations ...................................................................... ............................... 59 Figure 5: Existing Noise Contours ................................................................................ ............................... 62 Figure 6: Existing With Project Noise Contours ........................................................... ............................... 63 Chambers Group, Inc. 20514 16 -13 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California LIST OF TABLES Page Table 1: Right -of -Way Acquisitions ................................................................................ ............................... 9 Table 2: Designations /Classifications for the Project Area .......................................... ............................... 21 Table 3: Ambient Air Quality Monitoring Summary .................................................... ............................... 22 Table 4: Regional Thresholds of Significance ............................................................... ............................... 24 Table 5: Local Thresholds of Significance ..................................................................... ............................... 25 Table 6: Construction - Related Regional Emissions from the Proposed Project ............ .............................26 Table 7: Construction - Related Local Emissions ............................................................. .............................27 Table 8: Historic Property Data File Listings ................................................................ ............................... 34 Table 9: City of Newport Beach Significant Noise Impacts ........................................... .............................56 Table 10: Existing (Ambient) Noise Level Measurements ........................................... ............................... 58 Table 11: Construction Equipment Noise Emissions and Usage Factors ....................... .............................60 Table 12: Proposed Project Noise Impacts at Nearby Homes Prior to Mitigation ........ .............................61 Table 13: Mitigated Proposed Project Noise Impacts at Nearby Homes ...................... .............................64 Table 14: Vibration Source Levels for Construction Equipment .................................. ............................... 65 Table 15: Construction Noise Levels at Nearby Receptors .......................................... ............................... 66 Table 16: Traffic Operations on Newport Boulevard... ............................................................................... 73 Chambers Group, Inc. 20514 V 16 -14 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California SECTION 1.0— INTRODUCTION 1.1 PURPOSE OF THE INITIAL STUDY The City of Newport Beach proposes to widen Newport Boulevard and improve the intersection of Newport Boulevard and 32nd Street in order to increase vehicular capacity and reduce existing traffic congestion. The project would also introduce 6- foot -wide bike lanes along both sides of Newport Boulevard and construct a public parking lot. Projects within the State of California (State) are required to undergo environmental review to determine the environmental impacts associated with implementation in accordance with the California Environmental Quality Act (CEQA) unless a project is exempt. CEQA was enacted in 1970 by the California Legislature to disclose to decision makers and the public the significant environmental effects of a proposed project and identify possible ways to avoid or minimize significant environmental effects of a project by requiring implementation of mitigation measures or recommending feasible alternatives. CEQA applies to all California public agencies at all levels, including local, regional, and State, as well as boards, commissions, and special districts. As such, the City of Newport Beach is required to conduct an environmental review to analyze the potential environmental effects associated with the proposed project. The following Initial Study /Mitigated Negative Declaration (IS /MND) analyzes the potential for the Newport Boulevard and 32nd Street Modification project (proposed project) to result in environmental impacts. The environmental analysis conducted for this IS /MND determined that all impacts can be reduced to a level less than significant; potential impacts and mitigation measures are presented below. The City of Newport Beach will be the Lead Agency for purposes of CEQA, as it is the agency charged with carrying out or approving the project. Chambers Group, Inc. 20514 16 -15 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California SECTION 2.0— PROJECT DESCRIPTION AND ENVIRONMENTAL SETTING 2.1 PROJECT PURPOSE The proposed project, located in the City of Newport Beach (City), has been developed to improve the intersection of Newport Boulevard and 32nd Street in order to increase vehicular capacity and reduce existing traffic congestion to an acceptable level of service (LOS) (Figure 1). The proposed project would add an additional northbound through lane along Newport Boulevard from 30`h Street to 32nd Street and add an additional southbound through lane along Newport Boulevard from Via Lido to 32nd Street, terminating as a right -turn only lane at 32nd Street (Figure 2). The proposed project would introduce 6- foot -wide bike lanes along both sides of Newport Boulevard, between 32nd Street and Via Lido, to provide a connection to existing bike lanes along 32 "d Street west of Newport Boulevard. The proposed project would include a public parking lot on the west side of Newport Boulevard between 32nd Street and Finley Avenue with a minimum of 26 parking spaces. The new public parking lot would replace the 26 curbside public parking spaces on Newport Boulevard, which will be eliminated by the widening of the roadway. The proposed project would enhance the visual quality of the project area and improve safety by introducing raised landscape medians on Newport Boulevard. 2.2 PROJECT LOCATION AND SITE CHARACTERISTICS 2.2.1 Project Site The proposed project is located within a fully urbanized section of the City of Newport Beach and would improve a segment of Newport Boulevard that begins at the intersection with 30`h Street and terminates at the intersection with Via Lido (Figure 1). This segment of Newport Boulevard is classified as a Major Road (Six Lane Divided) in the City of Newport Beach General Plan Circulation Element (City of Newport Beach 2006). The proposed project will also include improvements on a segment of 32nd Street that begins at the alley east of Newport Boulevard and terminates at Marcus Avenue west of Newport Boulevard. The segment of 32nd Street within the project area west of Newport Boulevard is classified as a Secondary Road (Four Lane Undivided). A recent City project has reconfigured this roadway segment into a two -lane road with bike lanes in each direction. The segment of 32 "d Street east of Newport Boulevard is classified as a Commuter Roadway (Two Lane Undivided) in the circulation element. The proposed project would remove the westbound free -right turn lane at Newport Boulevard. Bus stops currently exist on both sides of Newport Boulevard within the proposed project area. The northbound bus stop is located immediately south of Finley Avenue, while the southbound bus stop is located immediately south of Short Street. Curbside metered parking spaces exist along Newport Boulevard and 32nd Street within the project area. Chambers Group, Inc. 2 20514 16 -16 i ,,4 I , 1, \. -� r• \19 �•` �.� ,r'` ` s o ,� 'r' ,`�, a �` Y'�' o �, iql� '�i191i■1 Rr Jr 40 4 Its * x i' N '-' r Oxnard A Project Location -oieqAmdS y •- - ��\ 1 • • 1 �'•q 1 1 ai. •� y, pyn , 0 J`omTOm �� ■ �• Sourc e. 1 ... �' •l. Legend F • - Newport • p Project 1 250 500 Feet kpe4—w ..i 16 -17 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California This page left intentionally blank Chambers Group, Inc. 20514 16 -18 . r l i r •r I(� 2 ft,29 8 I N Z L �In d LL � LL M IL r a a3i Z f• r ` • ] I� Ye gyP 5` li `�p�r [�1. y1 eP It Yl / e !?S: f 1133u oae M - e iiit v FT-7 7 + �� f �! �• .A.�i,:- ^�'. �. � � — fill I � > s6 ii ng e� �Y �o m Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California This page left intentionally blank Chambers Group, Inc. 20514 16 -20 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California 2.2.2 Adjacent Land Uses and General Plan Designation /Zoning Land uses surrounding the proposed project predominately consist of commercial and retail businesses located along Newport Boulevard and 32nd Street. These surrounding parcels have Corridor Commercial, General Commercial, Neighborhood Commercial, and Visitor Serving Commercial General Plan Land Use and Zoning designations. The proposed project is also adjacent to the former City Hall campus, which is located on the northeast corner of the intersection of Newport Boulevard and 32nd Street. The former City Hall campus parcel has a General Plan Land Use and a Zoning designation of Public Facilities. Parcels south of 32 "d Street adjacent to the proposed project have a General Plan Land Use Designation of Mixed -Use Horizontal and a Zoning Designation of Mixed -Use Cannery Village /15`h Street. Parcels north of the former City Hall complex have a General Plan Land Use and Zoning designation of General Commercial. 2.3 PROJECT BACKGROUND The proposed project site is approximately 1,000 feet from the Pacific Ocean. During summer seasons, many visitors to Newport Beach travel southbound on Newport Boulevard and head west on 32nd Street to access the beach. Due to this significant increase of vehicles, Newport Boulevard is congested and currently operates at LOS F. In addition, a significant amount of bicycle traffic is also present due to the proximity to the beach. This proposed project will increase vehicular capacity and improve the level of service. In addition, it will also improve the safety and mobility of bicycle traffic. The design, right -of -way (ROW) and construction phases are funded by the Orange County Measure M competitive funds as part of the Comprehensive Transportation Funding Program (Measure M CTFP) and Gas Tax funds. 2.4 PROJECT GOALS AND OBJECTIVES Implementation of the proposed project will improve traffic circulation and reduce existing traffic congestion to an acceptable level of service. Primary objectives of the proposed project include: • Introducing an additional northbound through lane along Newport Boulevard from 30`h Street to 32nd Street; • Introducing an additional southbound through lane along Newport Boulevard from Via Lido to 32nd Street, terminating as a right -turn only lane at 32nd Street; Modifying the intersection of Newport Boulevard and 32nd Street to improve traffic operations; • Introducing raised, landscaped medians to improve safety; • Introducing 6- foot -wide bike lanes along both sides of Newport Boulevard between 32nd Street and Via Lido to provide a connection to the existing bike lanes along 32 "d Street west of Newport Boulevard. Chambers Group, Inc. 20514 16 -21 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California 2.5 PROJECT CHARACTERISTICS 2.5.1 Roadway and Signal Modifications The proposed project would introduce one additional northbound through lane on Newport Boulevard from 3o`h Street to 32nd Street and one additional southbound through lane on Newport Boulevard from Via Lido to 32nd Street, terminating as a right -turn only lane at 32nd Street. The proposed project would require traffic signal modifications at the intersections of 30`h Street, 32nd Street, Finley Avenue and Via Lido. Introduction of a raised, landscaped median along Newport Boulevard would eliminate the existing left turning movements from southbound Newport Boulevard onto eastbound 31" Street and from westbound 31'` Street onto southbound Newport Boulevard. Acquisition of the two existing bank properties and roadway modifications on 32nd Street would result in the closure of the alley access that bisects these properties. The alley would be reconfigured to connect to the proposed public parking lot, which will include an exit /entrance via Marcus Avenue. The proposed project would also introduce 6- foot -wide bike lanes along both sides of Newport Boulevard between 32nd Street and Via Lido to provide a connection to existing bike lanes on 32nd Street west of Newport Boulevard. Project construction would require temporary lane closures on both Newport Boulevard and 32nd Street; however, a traffic control plan would be implemented during construction to minimize disruptions due to lane closures Implementation of the proposed project would eliminate approximately 26 existing curbside metered parking spaces between 30`h Street and Via Lido. These parking spaces will be replaced on properties to be acquired by the City as a part of the proposed project described below in Section 2.5.3. Both bus stops along Newport Boulevard would be relocated to a location near each existing bus stop. 2.5.2 Median, Landscaping, and Sidewalk Modifications The proposed improvements of Newport Boulevard north and south of the 32nd Street intersection would include construction of raised, landscaped medians that would improve safety and enhance the visual quality of the proposed project area. Additional visual enhancements associated with the proposed project include introduction of landscaping at the southeast corner of the intersection of Newport Boulevard and 32nd Street and northeast corner of the intersection of Newport Boulevard and Finley Avenue. The proposed project would also add landscaping to screen the proposed public parking lot at the northwest corner of Newport Boulevard and 32 "d Street. Project landscaping must be found consistent with the Lido Village Design Guidelines prepared by the City of Newport Beach. Project improvements would also include construction of new curb and gutters, curbs, sidewalks, curb ramps, driveway approaches, storm drain catch basins, street lights, signs, striping, signals, utility meters, Southern California Edison (SCE) air vents, and other items within the project area. Parking meters and several large palm trees will need to be removed and salvaged or disposed as directed by City staff. Existing pavement within the proposed project area is generally in fair condition with the exception of a portion of Newport Boulevard between Finley Avenue and 32nd Street that appears to be in poor condition in both the northbound and southbound lanes. Pavement treatment for the proposed project would consist of isolated full -depth reconstruction and cold mill and overlay. Chambers Group, Inc. 8 20514 16 -22 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California 2.5.3 Right -of -Way Acquisitions Current project design as presented in Figure 2 anticipates that the proposed project would require ROW acquisitions from three privately -owned parcels and two partial property dedications from two City -owned parcels. The environmental evaluation presented in this IS /MND includes the ROW acquisitions and dedications listed below in Table 1 in order to present the most conservative analysis. Private property ROW acquisitions under current project design would include a full property acquisition of the vacant Wachovia Bank building located at the northwest corner of the Newport Boulevard and 32nd Street intersection and the property west of the vacant Wachovia Bank Building currently configured as a parking lot for the bank. The existing structure and parking lot on both of these parcels would be demolished, and the two parcels would be converted to a public parking lot to provide replacement parking for the loss of on- street curbside parking. Current project design would require a partial ROW acquisition of the commercial property north of the vacant Wachovia Bank building. Table 1: Right -of -Way Acquisitions Address 3201 Private I Vacant Wachovia Bank Building 8,684 SF (Full Acquisition) 3204 Private Parking Lot for Vacant Wachovia Bank Building 6,748 SF (Full Acquisition) 3305 Private Commercial with Parking Lot 48 SF (Partial Acquisition) 3300 City Former City Hall 10,782 SF (Partial Dedication) 3531 City Passive Recreation 1,224 SF (Partial Dedication) Current project design would require dedication of 0.25 acre of land from the former City Hall parcel located at the northeast corner of the intersection of Newport Boulevard and 32nd Street (3300 Newport Boulevard). This segment of the former City Hall parcel would be incorporated into the expanded ROW of Newport Boulevard. Similarly, current project design would require dedication of 0.03 acre of the City -owned Gateway Park located at the southwest corner of Newport Boulevard and Short Street (3531 Newport Boulevard) that would be incorporated into the expanded ROW of Newport Boulevard. 2.5.4 Project Schedule Construction of the proposed project is expected to occur over a six -month period, beginning September 2015 and ending March 2016. To minimize public inconvenience, the construction phase will need to be completed prior to the start of Summer 2016. Construction activities will typically take place between the hours of 7:00 a.m. and 4:30 p.m., Monday thru Friday. 2.6 REQUIRED PERMITS AND APPROVALS As required by the CECIA Guidelines, this section provides, to the extent of the information known to the City, the CEQA Lead Agency, a list of agencies that are expected to use this IS /MND in their decision making, and a list of permits and other approvals required to implement the proposed project. Chambers Group, Inc. 20514 16 -23 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California 2.6.1 Lead Agency Approval This IS /MND must be approved by the City Council as to its adequacy in complying with the requirements of CEQA before any action on the proposed project is taken. The analysis presented in the IS /MND is intended to provide a full disclosure of the proposed project's environmental impacts and mitigation measures to reduce those impacts to a level less than significant. 2.6.2 Other Required Permits and Approvals The proposed project would require a Coastal Development Permit (CDP). The City of Newport Beach does not have a certified Local Coastal Program (LCP) and, therefore, does not have the jurisdiction to issue CDPs. The City does, however, have a Coastal Land Use Plan that has been certified by the California Coastal Commission (CCC). Since the City does not have permit jurisdiction, the City reviews pending development projects for consistency with the City's General Plan, Coastal Land Use Plan, and Zoning regulations before an applicant can file for a CDP with the CCC. The City would apply for a CDP with the South Coast District Office of the CCC, located at 200 Oceangate, 101h Floor, Long Beach, California 90802 -4416. The proposed project would require preparation of a Storm Water Pollution Prevention Plan (SWPPP) that would document best management practices (BMPs) to prevent stormwater pollution during construction. Operational BMPs to prevent stormwater pollution over the course of the life of the project would be documented in the water quality management plan (WQMP) to be prepared for the proposed project. 2.6.3 Reviewing Agencies Reviewing Agencies include those agencies that do not have discretionary powers but that may review the IS /MND for adequacy and accuracy. Potential Reviewing Agencies include the following: State of California • Office of Planning and Research • Office of Historic Preservation Native American Heritage Commission • California Department of Fish and Wildlife Regional Agencies South Coast Air Quality Management District Chambers Group, Inc. 20514 10 16 -24 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California SECTION 3.0— ENVIRONMENTAL DETERMINATION 3.1 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would potentially be affected by this project, involving at least one impact that is a "Potentially Significant Impact," as indicated by the checklists on the following pages. ❑ Aesthetics ❑ Agriculture Resources ❑ Air Quality p Biological Resources ® Cultural Resources ® Geology /Soils ❑ GHG Emissions ® Hazards & Hazardous Materials ❑ Hydrology/ Water Quality ❑ Land Use /Planning ❑ Mineral Resources Noise ❑ Population /Housing ❑ Public Services ❑ Recreation ❑ Transportation /Traffic ❑ Utilities /Service Systems ❑ Mandatory Findings of Significance 3.2 DETERMINATION On the basis of this initial evaluation: 1. 1 find that the project could not have a significant effect on the environment, and a ❑ NEGATIVE DECLARATION will be prepared. 2. 1 find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. 3. 1 find the proposed project may have a significant effect on the environment, and an ❑ ENVIRONMENTAL IMPACT REPORT is required. 4. 1 find that the proposed project may have a "potentially significant impact" or ❑ "potentially significant unless mitigated impact" on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. S. I find that although the proposed project could have a significant effect on the ❑ environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or Negative Declaration pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signaturev Date Andy Tran, P.E. Senior Civil Engineer, Public Works Department Name Title Chambers Group, Inc. 20514 11 16 -25 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California SECTION 4.0— EVALUATION OF ENVIRONMENTAL IMPACTS 1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact' answer should be explained where it is based on project- specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project- specific screening analysis). 2. All answers must take account of the whole action involved, including offsite as well as onsite, cumulative as well as project - level, indirect as well as direct, and construction as well as operational impacts. 3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact' is appropriate if substantial evidence exists that an effect may be significant. If one or more "Potentially Significant Impact' entries are marked when the determination is made, an EIR is required. 4. "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact' to a "Less Than Significant Impact." The lead agency must describe the mitigation measures and briefly explain how they reduce the effect to a less than significant level (mitigation measures from earlier analyses may be cross - referenced). 5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a. Earlier Analysis Used. Identify and state where they are available for review. b. Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c. Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site - specific conditions for the project. 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. Chambers Group, Inc. 20514 12 16 -26 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California 8. The explanation of each issue should identify: a. the significance criteria or threshold, if any, used to evaluate each question; and b. the mitigation measure identified, if any, to reduce the impact to less than significant. *Note: Instructions may be omitted from final document. Chambers Group, Inc. 20514 13 16 -27 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California SECTION 5.0 — CHECKLIST OF ENVIRONMENTAL ISSUES 5.1 AESTHETICS 5.1.1 Impact Analysis (a) The proposed project site is located within a fully urbanized section of the City of Newport Beach and does not offer any scenic views of Newport Bay or other scenic features within Newport Beach. Furthermore, the proposed project is limited to roadway and intersection improvements, and construction of a public parking lot. The proposed project would not construct new structures that would block any existing views. Therefore, the proposed project would not have a substantial adverse effect on a scenic vista, and impacts would be less than significant. (b) The proposed project site consists of a paved roadway intersection surrounded by commercial and retail businesses within a fully urbanized section of the City of Newport Beach. The proposed project site does not possess any scenic resources such as trees or rock outcroppings and is typical of an urbanized roadway intersection. Research conducted in support of the Cultural Resources Letter Report prepared for the proposed project determined that the vacant Wachovia Bank Building that would be demolished in order to construct a new public parking lot is not eligible for listing to the California Register of Historical Resources (See Section 5.5 -2(a) below). No officially designated scenic vistas or scenic highways are located within Newport Beach. Although State Route 1(SR -1) is identified as Eligible for State Scenic Highway designation, views of the project site from SR -1 would not be impacted by roadway and intersection improvements. Therefore, impacts on scenic resources would be less than significant. (c) The proposed project consists of a paved roadway intersection surrounded by commercial and retail businesses within a fully urbanized section of the City of Newport Beach. The visual character of the proposed project site is typical of an urbanized roadway intersection that does not possess any unique scenic resources. Widening of Newport Boulevard and improving the intersection with 32nd Street would not dramatically alter the existing visual character of the project site. Furthermore, the vacant Wachovia Bank Building that would be demolished in order to construct a new public parking lot does not possess high visual quality; loss of the Chambers Group, Inc. 20514 14 16 -28 Lessthan AESTHETICS. Potentially Significant Less Than No 1 Would the project: Significant With Significant Impact Impact Mitigation Impact Incorporated (a) Have a substantial adverse effect on a scenic vista? ❑ ❑ ® ❑ (b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and ❑ ❑ ® ❑ historic buildings within a state scenic highway? (c) Substantially degrade the existing visual character El E] ® El quality of the site and its surroundings? (d) Create a new source of substantial light or glare which would adversely affect day or nighttime views ❑ ❑ ❑ in the area? 5.1.1 Impact Analysis (a) The proposed project site is located within a fully urbanized section of the City of Newport Beach and does not offer any scenic views of Newport Bay or other scenic features within Newport Beach. Furthermore, the proposed project is limited to roadway and intersection improvements, and construction of a public parking lot. The proposed project would not construct new structures that would block any existing views. Therefore, the proposed project would not have a substantial adverse effect on a scenic vista, and impacts would be less than significant. (b) The proposed project site consists of a paved roadway intersection surrounded by commercial and retail businesses within a fully urbanized section of the City of Newport Beach. The proposed project site does not possess any scenic resources such as trees or rock outcroppings and is typical of an urbanized roadway intersection. Research conducted in support of the Cultural Resources Letter Report prepared for the proposed project determined that the vacant Wachovia Bank Building that would be demolished in order to construct a new public parking lot is not eligible for listing to the California Register of Historical Resources (See Section 5.5 -2(a) below). No officially designated scenic vistas or scenic highways are located within Newport Beach. Although State Route 1(SR -1) is identified as Eligible for State Scenic Highway designation, views of the project site from SR -1 would not be impacted by roadway and intersection improvements. Therefore, impacts on scenic resources would be less than significant. (c) The proposed project consists of a paved roadway intersection surrounded by commercial and retail businesses within a fully urbanized section of the City of Newport Beach. The visual character of the proposed project site is typical of an urbanized roadway intersection that does not possess any unique scenic resources. Widening of Newport Boulevard and improving the intersection with 32nd Street would not dramatically alter the existing visual character of the project site. Furthermore, the vacant Wachovia Bank Building that would be demolished in order to construct a new public parking lot does not possess high visual quality; loss of the Chambers Group, Inc. 20514 14 16 -28 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California vacant Wachovia Bank Building would not degrade the existing visual character of the project site. The proposed project would introduce landscaping features that would enhance the visual quality of the proposed project area. Visual enhancements associated with the proposed project include introduction of raised, landscaped medians and new landscaping to screen the proposed public parking lot at the northwest corner of Newport Boulevard and 32nd Street. Additional visual enhancements associated with the proposed project include landscaping at the southeast corner of the intersection of Newport Boulevard and 32nd Street and northeast corner of the intersection of Newport Boulevard and Finley Avenue. Project landscaping is intended to be consistent with the approved plant palette presented in the Lido Village Design Guidelines prepared by the City of Newport Beach. Therefore, the proposed project would improve the existing visual character of the proposed project site, and impacts would be less than significant. (d) Existing light sources within the proposed project site consist of intersection signals and street lights. The proposed project would relocate existing intersection signals and street lights if necessary to conform to the improved intersection configuration but would not introduce any sources of light. The expanded roadway and landscaping features would not be constructed of reflective materials that could introduce new sources of glare. Additionally, the proposed project is limited to roadway and intersection improvements, and construction of a public parking lot. The proposed project would not construct new structures that would introduce new sources of light or glare. Therefore, no impacts would occur. Chambers Group, Inc. 20514 15 16 -29 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California 5.2 AGRICULTURE & FOREST RESOURCES 5.2.1 Impact Analysis (a) The proposed project is located within a fully urbanized section of the City of Newport Beach and does not consist of any active farmland or land designated as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (farmland) by the Farmland Mapping and Monitoring Program of the California Resources Agency. Therefore, the proposed project would not convert any farmland to nonagricultural uses. No impacts would occur. (b) The proposed project site and surrounding land uses are not zoned for agricultural use. The proposed project site consists of portions of the existing Newport Boulevard and 32n1 Street roadways, existing land uses zoned for commercial use, and portions of properties zoned for Chambers Group, Inc. 20514 16 16 -30 AGRICULTURE & FOREST RESOURCES. (In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and Less than farmland.) In determining whether impacts to Potentially Significant Less Than 2. forest resources, including timberland, are Significant With Significant No significant environmental effects, lead agencies Impact Mitigation Impact Impact may refer to information compiled by the Incorporated California Department of Forestry and Fire Protection regarding the state's inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board.) Would the project: (a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the El H Farmland Mapping and Monitoring Program of the California Resources Agency, to nonagricultural use? (b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(8)), timberland (as defined by Public El El E Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(8))? (d) Result in the loss of forest land or conversion of El El El H forest land to nonforest use? (e) Involve other changes in the existing environment which, due to their location or nature, could result El El El H in conversion of Farmland, to nonagricultural use or the conversion of forest land to nonforest use? 5.2.1 Impact Analysis (a) The proposed project is located within a fully urbanized section of the City of Newport Beach and does not consist of any active farmland or land designated as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (farmland) by the Farmland Mapping and Monitoring Program of the California Resources Agency. Therefore, the proposed project would not convert any farmland to nonagricultural uses. No impacts would occur. (b) The proposed project site and surrounding land uses are not zoned for agricultural use. The proposed project site consists of portions of the existing Newport Boulevard and 32n1 Street roadways, existing land uses zoned for commercial use, and portions of properties zoned for Chambers Group, Inc. 20514 16 16 -30 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California commercial and public use. Land uses surrounding the proposed project consist of properties zoned for commercial, public, and mixed use. Therefore, the proposed project would not conflict with existing zoning for agricultural use or a Williamson Act contract. No impacts would occur. (c) The proposed project site and surrounding land uses are not zoned for forest land, timberland, or timberland production. Therefore, the proposed project would not conflict with existing zoning for forest land or timberland. No impacts would occur. (d) The proposed project is located within a fully urbanized section of the City of Newport Beach and does not consist of forest land. Therefore, the proposed project would not convert any forest land to nonforest uses. No impacts would occur. (e) The proposed project is located within a fully urbanized section of the City of Newport Beach and does not consist of any active farmland or forest land. Therefore, the proposed project would not convert any farmland to nonagricultural use or forest land to nonforest use. No impacts would occur. Chambers Group, Inc. 20514 17 16 -31 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California 5.3 AIR QUALITY The impact evaluation presented in Section 5.3 is based on the air quality impact analysis prepared by Vista Environmental utilizing the CaIEEMod model. Output files for the CalEEMod Model prepared for the proposed project are included as Appendix A of this IS /MND. 5.3.1 Environmental Setting The proposed project site is located in the City of Newport Beach, which is located within the South Coast Air Basin (SCAB). Air quality regulation within the SCAB is administered by the South Coast Air Quality Management District (SCAQMD), which implements the programs and regulations required by the federal and State Clean Air acts. Atmospheric Setting The SCAB lies in the semi - permanent high - pressure zone of the eastern Pacific that results in a semi -arid regional climate characterized by warm summers, mild winters, infrequent seasonal rainfall, moderate daytime onshore breezes, and moderate humidity. The local climate is primarily influenced by the proximity of the project site to the Pacific Ocean, which usually provides mild- tempered sea breezes and a shallow marine layer. This usually mild climatological pattern is interrupted infrequently by periods of extremely hot weather, winter storms, or Santa Ana winds. Average temperatures for Newport Beach, which is the nearest monitored location, range from a low of 49 degrees Fahrenheit (°F) in December to highs of 72 °F in August. Rainfall averages approximately 11 inches a year, with almost all annual rainfall coming from the fringes of mid - latitude storms from late November to early April, with summers being almost completely dry. Chambers Group, Inc. 18 20514 16 -32 AIR QUALITY. (Where available, the significance criteria Lessthan established by the applicable air quality Potentially Significant Less Than 3. management or air pollution control district may Significant With Significant No be relied upon to make the following Impact Mitigation Impact Impact determinations.) Incorporated Would the project: (a) Conflict with or obstruct implementation of the ❑ ❑ ® ❑ applicable air quality plan? (b) Violate any air quality standard or contribute substantially to an existing or projected air quality ❑ ❑ ® ❑ violation? (c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is nonattainment under an applicable federal or E:1 E] ® El ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (d) Expose sensitive receptors to substantial pollutant E] El ® E] concentrations? (e) Create objectionable odors affecting a substantial E] El ® 1-1 number of people? The impact evaluation presented in Section 5.3 is based on the air quality impact analysis prepared by Vista Environmental utilizing the CaIEEMod model. Output files for the CalEEMod Model prepared for the proposed project are included as Appendix A of this IS /MND. 5.3.1 Environmental Setting The proposed project site is located in the City of Newport Beach, which is located within the South Coast Air Basin (SCAB). Air quality regulation within the SCAB is administered by the South Coast Air Quality Management District (SCAQMD), which implements the programs and regulations required by the federal and State Clean Air acts. Atmospheric Setting The SCAB lies in the semi - permanent high - pressure zone of the eastern Pacific that results in a semi -arid regional climate characterized by warm summers, mild winters, infrequent seasonal rainfall, moderate daytime onshore breezes, and moderate humidity. The local climate is primarily influenced by the proximity of the project site to the Pacific Ocean, which usually provides mild- tempered sea breezes and a shallow marine layer. This usually mild climatological pattern is interrupted infrequently by periods of extremely hot weather, winter storms, or Santa Ana winds. Average temperatures for Newport Beach, which is the nearest monitored location, range from a low of 49 degrees Fahrenheit (°F) in December to highs of 72 °F in August. Rainfall averages approximately 11 inches a year, with almost all annual rainfall coming from the fringes of mid - latitude storms from late November to early April, with summers being almost completely dry. Chambers Group, Inc. 18 20514 16 -32 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California Regulatory Setting National Ambient Air Quality Standards (NAAQS) and California Ambient Air Quality Standards ( CAAQS) have been established for the following criteria pollutants: carbon monoxide (CO), ozone, sulfur dioxide (SO2), nitrogen dioxide (NO2), inhalable particulate matter (PM10), fine particulate matter (PM2.5), and lead. The CAAQS also set standards for sulfates, hydrogen sulfide, and visibility. Areas are classified under the Federal Clean Air Act as either "attainment' or "nonattainment" areas for each criteria pollutant, based on whether the NAAQS have been achieved or not. Attainment relative to the State standards is determined by CARB. The SCAB has been designated by the Federal Environmental Protection Agency (EPA) as a nonattainment area for ozone (03) and suspended particulates (PM10 and PM2.0. Currently, the SCAB is in attainment with the ambient air quality standards for carbon monoxide (CO), lead, sulfur dioxide (SOA and nitrogen dioxide (NO2). The EPA has designated SCAB as extreme nonattainment for the 8 -hour average ozone standard. On March 12, 2008, the EPA strengthened its 8 -hour "primary" and "secondary" ozone standards to 0.075 ppm. The previous standard set in 1997, was 0.08 ppm. The SCAQMD, the agency principally responsible for comprehensive air pollution control in the SCAB, has developed a plan incorporated in the 2007 Air Quality Management Plan (AQMP) that shows measures to reduce 8 -hour ozone levels to below the federal standard by June 15, 2021. The EPA has designated SCAB as nonattainment for ozone, PM2.5, and PM10. In 1997, the EPA established standards for PM2.5 (particles less than 2.5 micrometers), which were not implemented until March 2002. PM2.5 is a subset of the PM10 emissions whose standards were developed to complement the PM10 standards that cover a full range of inhalable particle matter. The SCAQMD has developed a plan that shows measures to reduce PM23 levels to below the federal standard by 2014. For the PM10 health standards, the annual PM10 standard was revoked by the EPA on October 17, 2006; and the 24 -hour average PM10 standard was to be achieved by December 31, 2006. The SCAB has met the PM10 standards at all monitoring stations, and a request for redesignation is pending with the EPA. PM2.5 concentrations in the SCAB have improved in recent years, with 2010 and 2011 being the cleanest years on record. In 2011, only one station in the SCAB (Metropolitan Riverside County at Mira Loma) exceeded the annual PM2.5 NAAQS and the 98th percentile form of the 24 -hour PM2.5 NAAQS, as well as the 3 -year design values for these standards. SCAB -wide, the federal PM2.5 24 -hour standard level was exceeded in 2011 on 17 sampling days. The SCAB is currently in attainment for the federal standards for S02, CO, and NO2. While the concentration level of the new 1 -hour NO2 federal standard (100 ppb) was exceeded in the SCAB at two stations (Central Los Angeles and Long Beach) on the same day in 2011, the NAAQS NO2 design value has not been exceeded. Therefore, the SCAB remains in attainment of the NO2 NAAQS. The SCAB has been designated by CARIB as a nonattainment area for ozone, PM10, and PM2.5. Currently, the SCAB is in attainment with the ambient air quality standards for CO, lead, S02, NO2, and sulfates and is unclassified for visibility reducing particles and hydrogen sulfide. On June 20, 2002, the CARIB revised the PM10 annual average standard to 20 micrograms per cubic meter (pg /m3) and established an annual average standard for PM2.5 of 12 pg /m3. These standards were approved by the Office of Administrative Law in June 2003 and are now effective. On September 27, Chambers Group, Inc. 20514 19 16 -33 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California 2007, CARB approved the SCAB and the Coachella Valley 2007 Air Quality Management Plan for Attaining the Federal 8 -hour Ozone and PM2.5 Standards. The plan projects attainment for the 8 -hour Ozone standard by 2024 and the PM2.5 standard by 2015. A revised draft of the 2012 AQMP was released in September, 2012, was adopted by the SCAQMD Board on December 7, 2012, and was adopted by CARB via Resolution 13 -3 on January 25, 2013. The 2012 AQMP was prepared in order to meet the federal Clean Air Act requirement that all 24 -hour PM2.5 nonattainment areas prepare a State Implementation Plan (SIP), that was required to be submitted to the U.S. EPA by December 14, 2012, and demonstrate attainment with the 24 -hour PM2.5 standard by 2014. The 2012 AQMP demonstrates attainment of the federal 24 -hour PM2_5 standard by 2014 in the SCAB through adoption of all feasible measures; and therefore, no extension of the attainment date is needed. Table 2 presents the designations and classifications applicable to the proposed project area. Monitored Air Quality The air quality at any site is dependent on the regional air quality and local pollutant sources. Regional air quality is determined by the release of pollutants throughout the SCAB. Estimates of the existing emissions in the SCAB provided in the 2012 Air Quality Management Plan, December 2012, indicate that collectively, mobile sources account for 59 percent of the volatile organic compounds (VOCs), 88 percent of the NOx emissions, and 40 percent of directly emitted PM2.5, with another 10 percent of PM2.5 from road dust. The SCAQMD has divided the SCAB into 38 air - monitoring areas with a designated ambient air monitoring station representative of each area. The project site is located in air monitoring area 18, which covers the northern coastal area of Orange County. Since not all air monitoring stations measure all of the tracked pollutants, the data from the following two monitoring stations, listed in the order of proximity to the project site, have been used: Costa Mesa -Mesa Verde Monitoring Station (Costa Mesa Station) and Mission Viejo Monitoring Station (Mission Viejo Station). The Costa Mesa Station is located approximately 3.7 miles north of the project site at 2850 Mesa Verde Drive East, Costa Mesa; and the Mission Viejo Station is located approximately 15 miles east of the project site at 26081 Via Pera, Mission Viejo. Table 3 presents the monitored pollutant levels from these monitoring stations. Ozone, CO, NO2, and were measured at the Costa Mesa Station; and PMlo and PM2_5 were measured at the Mission Viejo Station. It should be noted, however, that due to the air monitoring stations' distances from the project site, recorded air pollution levels at the air monitoring stations reflect local air quality conditions at the project site with varying degrees of accuracy. Table 3 presents the composite of gaseous pollutants monitored from 2010 through 2012 at the Costa Mesa and Mission Viejo stations. Chambers Group, Inc. 20 20514 16 -34 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California Table 2: Designations /Classifications for the Project Area PollutapW AveragingTime National Standards California Attainment Date' StanclarcIS2 1979 1 -Hour Nonattainment (Extreme) 1 -Hour Ozone (03)3 (0.12 ppm) 11/15/2010 (not attained) 1997 8 -Hour Nonattainment (Extreme) 8 -Hour Ozone (03)° (0.08 ppm) 6/15/2024 Nonattainment 2008 8 -Hour Nonattainment (Extreme) 8 -Hour Ozone (03) (0.075 ppm) 12/31/2032 1 -Hour (35 ppm) Attainment (Maintenance) Carbon Monoxide (CO) 8 -Hour (9 ppm) 6/11/2007 (attained) Maintenance 1 -Hour Unclassifiable /Attainment a Nitrogen Dioxide (NO2) (100 ppb) Attained Nonattainment Annual Attainment (Maintenance) (0.053 ppm) 9/22/1998 1 -Hour (75 ppb) Designation Pending/ Pending Sulfur Dioxide (SOz)6 Attainment 24 -Hour (0.14 ppm) Unclassifiable /Attainment Annual (0.03 ppm) 3/19/1979 (attained) Particulate Matter (PMlo) 24 -Hour (150 µg /ma ) Nonattainment (Serious) 12/31/2006 (redesignation submitted) Nonattainment 24 -Hour Nonattainment (35 µg /m) 12/14/2014 Particulate Matter (PM,,,) Nonattainment Annual Nonattainment (15.0 µg /m) 4/5/2015 3- Months Rolling Nonattainment (Partial)8 Lead (Pb) (0.15 pg /m3) 12/31/2015 Nonattainment ' Obtained from 2012 AQMP, SCAQMD, 2012. A design value below the NAAQS ford ata through the full year or smog season prior to the attainment date is typically required for attainment demonstration. 2 Obtained from http:// www .arb.ca.gov /desig /adm /adm.htm. 3 1 -hour 03 standard (0.12 ppm) was revoked, effective June 15, 2005; however, the SCAB has not attained this standard based on 2008- 2010 data has some continuing obligations underthe former standard. ° 1997 8 -hour 03 standard (0.08 ppm) was reduced (0.075 ppm), effective May 27, 2008; the 1997 03 standard and most related implementation rules remain in place until the 1997 standard is revoked by U.S. EPA. 5 New N021 -hour standard, effective August 2, 2010; attainment designations January 20, 2012; annual NO2 standard retained. s The 1971 annual and 24 -hour 502 standards were revoked, effective August 23, 2010; however, these 1971 standards will remain in effect until one year after U.S. EPA promulgates area designations for the 2010 SO, 1 -hour standard. ' Annual PM20 standard was revoked, effective December 18, 2006; redesignation request to Attainment of the 24 -hour PM,o standard is pending with U.S. EPA e Partial Nonattainment designation— Los Angeles County portion of SCAB only. Chambers Group, Inc. 20514 21 16 -35 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California Table 3: Ambient Air Quality Monitoring Summary Ozone (Oa) Max 1 Hour (ppm) 0.097 0.093 0.090 Days > CAAQS (0.09 ppm) 1 0 0 Max 8 Hour (ppm) 0.076 0.077 0.076 Days > NAAQS (0.08 ppm) 1 1 1 Days > CAAQS (0.070 ppm) 2 2 1 Carbon Monoxide (CO) Max 1 Hour (ppm) 2.4 2.9 2.0 Days > NAAQS (20 ppm) 0 0 0 Max 8 Hour (ppm) 2.09 2.22 1.71 Days > NAAQS (9 ppm) 0 0 0 Nitrogen Dioxide (NO,) Max 1 Hour (ppb) 70.0 60.5 74.4 Days > NAAQS (100 ppb) 0 0 0 Particulate Matter (PM,.) Max Daily California Measurement 34 48 37 Days > NAAQS (150 pg /m') 0 0 0 Days > CAAQS (50 pg /m) 0 0 0 State Average (20 llglim) ND 18.8 17.0 Particulate Matter (PM,_s) Max Daily National Measurement 19.9 33.4 27.6 Days > NAAQS (35 jig/m') 0 0 0 National Average (15.0 M /m') 7.9 8.5 7.9 State Average (12 pg /m') ND ND 7.9 Abbreviations: > = exceed ppm = parts per million ppb =parts per billion pg/m' = micrograms per cubic meter CAAQS = California Ambient Air Quality Standard NAAQS = National Ambient Air Quality ND = Insufficient or No Data Bold = exceedance Source: http: / /www.arb.ca.gov /adam/ 5.3.2 Impact Analysis (a) CEQA requires a discussion of any inconsistencies between a proposed project and applicable general plans (GPs) and regional plans (CEQA Guidelines Section 15125). The regional plan that applies to the proposed project includes the SCAQMD Air Quality Management Plan (AQMP). Therefore, this section discusses any potential inconsistencies of the proposed project with the AQMP. The purpose of this discussion is to set forth the issues regarding consistency with the assumptions and objectives of the AQMP and discuss whether the proposed project would interfere with the region's ability to comply with federal and State air quality standards. If the decision - makers determine that the proposed project is inconsistent, the lead agency may consider project modifications or inclusion of mitigation to eliminate the inconsistency. Chambers Group, Inc. 20514 22 16 -36 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California The SCAQMD CEQA Handbook states that "New or amended GP Elements (including land use zoning and density amendments), Specific Plans, and significant projects must be analyzed for consistency with the AQMP" Strict consistency with all aspects of the plan is usually not required. A proposed project should be considered to be consistent with the AQMP if it furthers one or more policies and does not obstruct other policies. The SCAQMD CEQA Handbook identifies two key indicators of consistency: (1) Whether the project will result in an increase in the frequency or severity of existing air quality violations or cause or contribute to new violations, or delay timely attainment of air quality standards or the interim emission reductions specified in the AQMP (except as provided for CO in Section 9.4 for relocating CO hot spots). (2) Whether the project will exceed the assumptions in the 2012 AQMP or increments based on the year of project buildout and phase. Both of these criteria are evaluated in the following sections. Criterion 1- Increase in the Frequency or Severity of Violations? Based on the air quality modeling analysis conducted for the proposed project, short -term construction impacts would not result in significant impacts based on the SCAQMD's regional and local thresholds of significance. The air quality impact analysis also found that long -term operations impacts will not result in significant impacts based on the SCAQMD regional, local, and toxic air contaminant thresholds of significance. Therefore, the proposed project is not projected to contribute to the exceedance of any air pollutant concentration standards and is found to be consistent with the AQMP for the first criterion. Criterion 2 - Exceed Assumptions in the AQMP? Consistency with the AQMP assumptions is determined by performing an analysis of the proposed project with the assumptions in the AQMP. The emphasis of this criterion is to ensure that the analyses conducted for the proposed project are based on the same forecasts as the AQMP. The Regional Comprehensive Plan and Guide consists of three sections: Core Chapters, Ancillary Chapters, and Bridge Chapters. The Growth Management, Regional Mobility, Air Quality, Water Quality, and Hazardous Waste Management chapters constitute the Core Chapters of the document. These chapters currently respond directly to federal and State requirements placed on SCAG. Local governments are required to use these as the basis of their plans for purposes of consistency with applicable regional plans under CEQA. For this project, the City of Newport Beach General Plan Land Use Plan defines the assumptions that are represented in the AQMP. The proposed project consists of widening Newport Boulevard through adding a northbound through lane from 30th Street to 32nd Street, adding a southbound through lane from Via Lido to 32nd Street, adding 6- foot -wide bike lanes on both sides of Newport Boulevard between 32nd Street and Via Lido, and providing a connection to the existing bike lanes on 32nd Street. The proposed project would also include the construction of a public parking lot on the west side of Newport Boulevard with a minimum of 26 parking spaces, which would include reconfiguration of the existing alley. The proposed project would not generate any additional traffic, and the Chambers Group, Inc. 20514 23 16 -37 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California only alteration to traffic patterns would occur from the minor reconfiguration of an existing alley. The proposed project would not require a General Plan Amendment or zone change. Therefore, the proposed project is not anticipated to exceed the AQMP assumptions for the project site and is found to be consistent with the AQMP for the second criterion. Based on the above, the proposed project will not result in an inconsistency with the SCAQMD AQMP. Accordingly, the proposed project would not conflict with or obstruct implementation of the applicable air quality plan, and impacts would be less than significant. (b) As shown above in Table 2, the proposed project area is designated as a federal and State nonattainment area for ozone, PMto, and PM2.5. To estimate if the proposed project may adversely affect the air quality in the region, the SCAQMD has prepared the CEQA Air Quality Handbook to provide guidance to those who analyze the air quality impacts of proposed projects. The SCAQMD CEQA Handbook states that any project in the SCAB with daily emissions that exceed any of the identified significance thresholds should be considered as having an individually and cumulatively significant air quality impact. For the purposes to this air quality impact analysis, a regional air quality impact would be considered significant if emissions exceed the SCAQMD significance thresholds identified in Table 4. Table 4: Regional Thresholds of Significance Source: SCAQMD, htto: / /www.aamd.gov /ceaa /handbook /signthres.odf Project - related construction air emissions may have the potential to exceed the State and federal air quality standards in the project vicinity, even though these pollutant emissions may not be significant enough to create a regional impact to the SCAB. In order to assess local air quality impacts, the SCAQMD has developed Localized Significant Thresholds (LSTS) to assess the project - related air emissions in the project vicinity. The SCAQMD has also provided Final Localized Significant Threshold Methodology, which details the methodology to analyze local air emission impacts. The Localized Significant Threshold Methodology found that the primary emissions of concern are NO2, CO, PMto, and PM2.5- The significance thresholds for the local emissions of NO2 and CO are determined by subtracting the highest background concentration from the last three years of these pollutants from Table 3 above, from the most restrictive ambient air quality standards for these pollutants that are outlined in the Localized Significant Thresholds'. Since PMto and PM2.S currently exceed the most restrictive ambient air quality standards in the SCAB, their thresholds are based on SCAQMD's Rule 403 allowable fugitive dust emissions limits; and background concentrations of PMlo and PM2.5 are not factored into the threshold. Table 5 below shows the Localized Significant Thresholds for NO, CO, and PMto and PM2.5 as well as the background concentrations and resultant significance concentrations. Chambers Group, Inc. 20514 24 16 -38 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California Table 5: Local Thresholds of Significance POW . . LSTs Background Level' Significance NO3— 1 Hour Average (State) 0.18 ppm (338 pg /m3) 0.074 ppm (140 Vg/M3) 198 pg /m3 CO —1 Hour Average (State) 20 ppm (23,000 pg /m3) 2.9 ppm (3,335 pg /m) 19,665 Vg/M3 CO — 8 Hour Average (State /Federal) 9.0 ppm (10,000 pg /m3) 2.22 ppm (2,467 pg /m) 7,533 jig /m3 PM.— 24 Hour Average3 10.4 pg /m3 - 10.4 Vg/M3 PMzs — 24 Hour Average 10.4 Vg/M3 - 10.4 Vg/M3 Obtained from Table 3 above and based on the highest measured concentrations from the last 3 years at the Santa Clarita Station. Represents the maximum offsite concentrations allowed during construction. 3 Ambient air quality threshold based on SCAgMD Rule 403.Source: SCAgMD, http://www.aqmd.gov/cega/handbook/signthres.pd f Construction of the proposed project would create air emissions primarily from equipment exhaust. The air emissions from the proposed project were analyzed through use of the CalEEMod model (Appendix A). Current project design would include the acquisition of approximately one acre of area that includes land that currently includes the Wachovia Bank building, parking lots, and City property including portions of a passive park and former City Hall property. The roadway area that would be disturbed consists of approximately 4 acres and includes portions of Newport Boulevard, 32nd Street, Finley Avenue, and Short Street. This results in a total area of approximately 5 acres that would be disturbed /improved through development of the proposed project. Demolition activities would include demolition of the existing vacant Wachovia Bank building, which consists of approximately 11,700 square feet of building space. Grading and paving activities have been based on a worst -case analysis of all 5 acres of the project site being graded and paved. Construction of the proposed project is anticipated to occur over a six -month period, beginning September 2015 and ending March 2016. The grading and paving activities would occur over multiple phases to allow for the continued use of the roadways as much as practical during construction; however, in order to provide a worst -case scenario, this analysis is based on all grading and paving occurring in one phase. Furthermore, the air quality analysis provided a worst -case scenario by utilizing 2014 construction emissions regulations in the CalEEMod Model prepared for the proposed project. Construction that is scheduled to begin in September 2015 may be subject to more stringent construction emissions regulations than were assumed in the CalEEMod Model, and therefore, may emit less harmful emissions than under a construction scenario beginning in 2014. Table 6 shows the estimated worst -case daily emissions that would be predicted from each phase of the project. Chambers Group, Inc. 20514 25 16 -39 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California Table 6: Construction - Related Regional Emissions from the Proposed Project Pollutant Emissions in pounds /dav Activity Demolition 4.73 50.56 37.90 0.04 3.31 2.51 Grading 3.94 41.19 27.75 0.03 9.09 5.60 Paving 2.62 25.26 15.89 0.02 1.58 1.35 SCAQMD Regional Threshold 75.00 100.00 55.000 150.00 150.00 55.00 Exceed Threshold? No No No No No No Source: CaIEEMod Version 2013.2.2. As shown in Table 6, construction- related emissions would not exceed SCAQMD regional thresholds. In addition, construction emissions would be short -term, limited only to the period when construction activity is taking place. As such, construction - related regional emissions would be less than significant for the proposed project. The proposed project's construction - related air emissions from fugitive dust and onsite diesel emissions may have the potential to exceed the State and federal air quality standards in the project vicinity even though these pollutant emissions may not be significant enough to create a regional impact to the SCAB. The nearest sensitive receptors to the proposed project are homes located adjacent to the parking lot for the vacant Wachovia Banking building, which would be redesigned as a public parking lot. The local air quality emissions from construction were analyzed using the SCAQMD's Mass Rate LST Look -up Tables and the methodology described in Localized Significance Threshold Methodology, prepared by SCAQMD, revised July 2008. The Look -up Tables were developed by the SCAQMD in order to readily determine if the daily emissions of CO, NO., PMlo, and PM2.5 from the proposed project could result in a significant impact to the local air quality. The emission thresholds were calculated based on the North Orange County Coastal source receptor area, a disturbance of 5 acres, and the allowable emissions thresholds for CO, NO„ PMto, and PM2.5 at 25 meters (82 feet), which is based on the LST Methodology that recommends using the 25 -meter threshold for any receptor located within 25 meters of construction activities. Table 7 shows the onsite emissions from the CalEEMod model for the different construction phases and the calculated emissions thresholds. Chambers Group, Inc. 20514 26 16 -40 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California Table 7: Construction - Related Local Emissions I"I n. lifflllk�`_F =P-Onsite N -Ox Pollutant Emissions CID in pounds/day PIVI,� PM,., Demolition 49.54 36.29 3.08 2.44 Grading 41.10 26.75 8.92 5.55 Paving 25.18 14.98 1.41 1.30 SCAQMD Threshold for 25 meters (82 feet) or less' 197.00 1,711.00 14.00 9.00 Exceed Threshold? No No No No Notes: ' The nearest sensitive receptors are homes located adjacent to the project site. According to LST methodology any receptor closer than 25 meters should be based on the 25 meter threshold. Source: CalEEMod Version 2013.2.2, SCAQMD, 2010 The data provided in Table 7 shows that none of the criteria pollutants would exceed the SCAQMD local emissions thresholds at the nearest sensitive receptors. Therefore, impacts associated with construction - related local emissions would be less than significant. (b) The proposed project is limited to roadway and intersection improvements, and construction of a public parking lot. The proposed project would not generate any additional traffic; the only alteration to traffic patterns would occur from the minor reconfiguration of an existing alley, which has minimal traffic volumes. Since the proposed project would not introduce any new sources of emissions, the proposed project is not anticipated to create a net increase in operational emissions. Accordingly, the proposed project would not violate an air quality standard or contribute substantially to an existing or project air quality violation; and impacts would be less than significant. (c) Cumulative projects include local development as well as general growth within the SCAB; however, the greatest source of emissions in the SCAB is from mobile sources. Therefore, from an air quality standpoint, the cumulative analysis would extend beyond any local projects and, when wind patterns are considered, would cover an even larger area. Accordingly, the cumulative analysis for the project's air quality must be generic by nature. The project area is out of attainment for ozone, PMto, and PMZ.S. As discussed above in Section 5.3 -2(a), construction emissions from the proposed project would not exceed the SCAQMD regional thresholds of significance for criteria pollutants. Operation of the proposed project would not generate any additional traffic, would only minimally alter traffic patterns, and is not anticipated to create a net increase in operational emissions. Therefore, cumulative net increases of nonattainment criteria pollutants would be less than significant. (d) As discussed above in Section 5.3 -2(a), local concentrations of construction emissions from the proposed project would not exceed the SCAQMD local thresholds of significance for criteria pollutants. The proposed project consists of a roadway widening project that includes the relocation of public parking spaces and would not generate any additional traffic; the only alteration to traffic patterns would occur from the minor reconfiguration of an existing alley, Chambers Group, Inc. 20514 27 16 -41 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California which has minimal traffic volumes. The proposed project would result in improving the LOS on Newport Boulevard between Via Lido and 32nd Street from LOS F to LOS D and between 32nd Street and 30`h Street from LOS D to LOS B. The improvements to LOS would reduce the amount of engine idling in the vicinity of the project site, which would reduce local concentrations of carbon monoxide and toxic air contaminants. Accordingly, the proposed project would not expose sensitive receptors to substantial pollutant concentrations; and impacts would be less than significant. (e) Minor sources of odors associated with the proposed project would primarily be associated with the diesel equipment and application of asphalt pavement. Exhaust odors from diesel engines, as well as emissions, may be considered offensive to some individuals. The diesel equipment used during demolition and construction activities would be mobile equipment that would constantly be changing locations, which would allow for the odors to disperse rapidly and not impact any nearby receptors. The odors emissions from the application of asphalt pavement would cease within a few hours upon the drying and hardening of the asphalt pavement. Furthermore, the CEQA threshold of significance is set at a "substantial number of people' and, due to the limited number of homes immediately adjacent to the proposed improvements, it is unlikely that substantial number of people would be within an effective range of construction activities. Therefore, impacts associated with odor during construction would be less than significant. The proposed project would consist of roadway improvements, would not generate any additional traffic, and would only minimally alter traffic patterns. Therefore, a less than significant odor impact would occur from operation of the proposed project. Accordingly, impacts associated with odor during operation of the proposed project would be less than significant. Chambers Group, Inc. 20514 28 16 -42 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California 5.4 BIOLOGICAL RESOURCES 5.4.1 Impact Analysis (a) The proposed project site consists of a paved roadway intersection within a fully urbanized section of the City of Newport Beach and does not possess any habitat that would support species identified as a candidate, sensitive, or special status species. Similarly, land surrounding the proposed project site is also fully urbanized and does not possess any habitat that would support species identified as a candidate, sensitive, or special status species. Potential natural habitat is limited to the aquatic environment within the Rivo Alto channel adjacent to the western segment of 32nd Street. Construction of the proposed project would implement Best Management Practices (BMPs) to prevent erosion from entering the waters of the Rivo Alto channel adjacent to the proposed project that could impact aquatic species. No impacts would occur. Chambers Group, Inc. 20514 29 16 -43 Less than Potentially Significant Less Than 4' BIOLOGICAL RESOURCES. Significant With Significant No Would the project: Impact Impact Mitigation Impact Incorporated (a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status ❑ ❑ ❑ species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? (b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, ❑ ❑ ❑ regulations or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? (c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, ❑ ❑ 11 marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? (d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory ❑ ❑ ❑ wildlife corridors, or impede the use of native wildlife nursery sites? (e) Conflict with any local policies or ordinances protecting biological resources, such as a tree ❑ ❑ ❑ preservation policy or ordinance? (f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community E] ❑ 1:1 Conservation Plan, or other approved local, regional, or state habitat conservation plan? 5.4.1 Impact Analysis (a) The proposed project site consists of a paved roadway intersection within a fully urbanized section of the City of Newport Beach and does not possess any habitat that would support species identified as a candidate, sensitive, or special status species. Similarly, land surrounding the proposed project site is also fully urbanized and does not possess any habitat that would support species identified as a candidate, sensitive, or special status species. Potential natural habitat is limited to the aquatic environment within the Rivo Alto channel adjacent to the western segment of 32nd Street. Construction of the proposed project would implement Best Management Practices (BMPs) to prevent erosion from entering the waters of the Rivo Alto channel adjacent to the proposed project that could impact aquatic species. No impacts would occur. Chambers Group, Inc. 20514 29 16 -43 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California (b) The proposed project site consists of a paved roadway intersection within a fully urbanized section of the City of Newport Beach and does not possess any riparian habitat or other sensitive natural communities. No impacts would occur. (c) The proposed project site consists of a paved roadway intersection within a fully urbanized section of the City of Newport Beach and does not possess any federally protected wetlands. No impacts would occur. (d) The proposed project site consists of a paved roadway intersection surrounded by commercial and retail businesses within a fully urbanized section of the City of Newport Beach and does not possess any wildlife corridors. No impacts would occur. (e) The proposed project would not impact any mature trees or other biological resources protected by the Newport Beach General Plan or Municipal Code. No impacts would occur. (f) The City of Newport Beach is a signatory to the County of Orange Central & Coastal Subregion Natural Community Conservation Plan & Habitat Conservation Plan (NCCP /HCP), which provides guidance for the creation of a multispecies /multihabitat preserve system and implementation of a long -term management program. The primary goal of the NCCP /HCP is to preserve coastal sage scrub and the species that utilize that habitat. The proposed project is located within a fully urbanized area that does not possess any sensitive habitat and does not support any vegetation or wildlife species subject to the provisions of the NCCP /HCP. Existing vegetation on the project site consists of introduced landscaping that does not qualify as sensitive habitat. Additionally, the proposed project site is not located within the boundaries of any of the biological resource preserves or environmental study areas documented in the Natural Resource Element of the City of Newport Beach General Plan. Therefore, the proposed project would not conflict with the NCCP /HCP or Newport Beach General Plan. No impacts would occur. Chambers Group, Inc. 20514 30 16 -44 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California 5.5 CULTURAL RESOURCES Chambers Group prepared a Cultural Resources Letter Report documenting potential impacts to historical and archaeological resources, which is included as Appendix B of this IS /MND. 5.5.1 Environmental Setting; Regulatory Framework The Cultural Resources Letter Report was prepared consistent with the provisions of CEQA, including CEQA Statutes (Public Resources Code [PRC] §§ 21083.2 and 21084.1), CEQA Guidelines (Title 14 California Code of Regulations [CCR], § 15064.5), and PRC § 5024.1 (Title 14 CCR § 4850 et seq.). These statutes and regulations, as amended, are summarized in an annually updated handbook (Association of Environmental Professionals 2012). Properties expected to be directly or indirectly affected by a proposed project must be evaluated for California Register of Historical Resources (CRHR) eligibility (PRC § 5024.1). The purpose of the CRHR is to maintain listings of the state's historical resources and to indicate which properties are to be protected, to the extent prudent and feasible, from material impairment and substantial adverse change. The term historical resources includes a resource listed in, or determined to be eligible for listing in, the CRHR; a resource included in a local register of historical resources; and any object, building, structure, site, area, place, record, or manuscript that a lead agency determines to be historically significant (CCR § 15064.5[a]). The criteria for listing properties in the CRHR were expressly developed in accordance with previously established criteria developed for listing in the National Register of Historic Places (NRHP). The California Office of Historic Preservation (OHP 1995:2) regards "any physical evidence of human activities over 45 years old" as meriting recordation and evaluation. According to PRC § 5024.1(c) (1-4), a resource may be considered historically significant if it retains integrity and meets at least one of the following criteria. A property may be listed in the CRHR if the resource: • is associated with events that have made a significant contribution to the broad patterns of California's history and cultural heritage; Chambers Group, Inc. 20514 31 16 -45 Less than Potentially Significant Less Than S' CULTURAL RESOURCES. Significant With Significant No Would the project: Impact Impact Mitigation Impact Incorporated (a) Cause a substantial adverse change in the significance of a historical resource as defined in ❑ ❑ ® ❑ §15064.5? (b) Cause a substantial adverse change in the significance of an archaeological resource pursuant ❑ ® ❑ ❑ to §15064.5? (c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic ❑ ® ❑ ❑ feature? (d) Disturb any human remains, including those ❑ ® El El outside of formal cemeteries? Chambers Group prepared a Cultural Resources Letter Report documenting potential impacts to historical and archaeological resources, which is included as Appendix B of this IS /MND. 5.5.1 Environmental Setting; Regulatory Framework The Cultural Resources Letter Report was prepared consistent with the provisions of CEQA, including CEQA Statutes (Public Resources Code [PRC] §§ 21083.2 and 21084.1), CEQA Guidelines (Title 14 California Code of Regulations [CCR], § 15064.5), and PRC § 5024.1 (Title 14 CCR § 4850 et seq.). These statutes and regulations, as amended, are summarized in an annually updated handbook (Association of Environmental Professionals 2012). Properties expected to be directly or indirectly affected by a proposed project must be evaluated for California Register of Historical Resources (CRHR) eligibility (PRC § 5024.1). The purpose of the CRHR is to maintain listings of the state's historical resources and to indicate which properties are to be protected, to the extent prudent and feasible, from material impairment and substantial adverse change. The term historical resources includes a resource listed in, or determined to be eligible for listing in, the CRHR; a resource included in a local register of historical resources; and any object, building, structure, site, area, place, record, or manuscript that a lead agency determines to be historically significant (CCR § 15064.5[a]). The criteria for listing properties in the CRHR were expressly developed in accordance with previously established criteria developed for listing in the National Register of Historic Places (NRHP). The California Office of Historic Preservation (OHP 1995:2) regards "any physical evidence of human activities over 45 years old" as meriting recordation and evaluation. According to PRC § 5024.1(c) (1-4), a resource may be considered historically significant if it retains integrity and meets at least one of the following criteria. A property may be listed in the CRHR if the resource: • is associated with events that have made a significant contribution to the broad patterns of California's history and cultural heritage; Chambers Group, Inc. 20514 31 16 -45 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California • is associated with the lives of persons important in our past; • embodies the distinctive characteristics of a type, period, region, or method of installation, or represents the work of an important creative individual, or possesses high artistic values; or • has yielded, or may be likely to yield, information important in prehistory or history. Under CEQA, if an archeological site is not a historical resource but meets the definition of a "unique archeological resource" as defined in PRC § 21083.2, then it should be treated in accordance with the provisions of that section. A unique archaeological resource is defined as follows: • An archaeological artifact, object, or site about which it can be clearly demonstrated that, without merely adding to the current body of knowledge, it has a high probability of meeting any of the following criteria: o Contains information needed to answer important scientific research questions and that the public has a demonstrable interest in that information o Has a special and particular quality, such as being the oldest of its type or the best available example of its type o Is directly associated with a scientifically recognized important prehistoric or historic event or person Resources that neither meet any of these criteria for listing in the CRHR nor qualify as a "unique archaeological resource" under CEQA PRC § 21083.2 are viewed as not significant. Under CEQA, "A non - unique archaeological resource need be given no further consideration, other than the simple recording of its existence by the lead agency if it so elects" (PRC § 21083.2[h]). Impacts that adversely alter the significance of a resource listed in or eligible for listing in the CRHR are considered a significant effect on the environment. Impacts to historical resources from a proposed project are thus considered significant if the project (1) physically destroys or damages all or part of a resource; (2) changes the character of the use of the resource or physical feature within the setting of the resource, which contributes to its significance; or (3) introduces visual, atmospheric, or audible elements that diminish the integrity of significant features of the resource. Field Survey Chambers Group established the Area of Potential Effect (APE) for the project by examining the project footprint and the potential for impacts to cultural resources, including archaeological and built environment resources, within and adjacent to the proposed project area. Based on these criteria, the APE encompasses the project footprint, including the extent of construction activities such as staging or laydown areas. In accordance with regulations put forth by the State Office of Historic Preservation, any properties within or near the project APE were subject to an intensive field investigation. Chambers Group conducted an intensive cultural resources survey of the APE on November 11, 2013. During the field Chambers Group, Inc. 32 20514 16 -46 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California survey, each of the properties within or adjacent to the project area was analyzed, photographed, and recorded. Records Search In addition to the field survey, investigators executed general contextual and site - specific research for the relevant properties and the project area. Sources used to conduct this research effort include the City of Newport Beach Planning Department, the Newport Beach Historical Society, the Newport Beach Public Library, and Los Angeles Public Library databases. Investigators also consulted the Caltrans Historic Bridge Survey, California Historic Resources Inventory, and NPS Focus to determine if any properties had been previously surveyed or evaluated. A cultural resources records search for the project area and a 0.5 -mile search radius around the project area was also performed at the South Central Coastal Information Center (SCCIC), at California State University, Fullerton on October 30, 2013 (SCCIC# 13463.0150). The SCCIC search included a review of all recorded sites and cultural resources reports on file for that specific area. The results from the information center indicated eight previously- conducted investigations (OR643, OR644, OR666, OR1907, OR2622, OR3709, OR4160, and OR4269) within the 0.5 -mile search radius. Of the eight previous investigations, the SCCIC indicated that none of the studies overlapped with the project area. The SCCIC identified two archaeological sites (30- 000059, 30- 000060) located within the 0.5 -mile search radius. The site form for 30- 000059 describes the resource as traces of a camp site. Similarly, the site form for 30- 000060 describes the resource as a camp site with "[c]lam, oyster, and a small univalve shell form[ing] the bulk of the material." No archaeological sites are located within the project area. In addition, the SCCIC search identified two aboveground historic resources (30- 177134, 30- 179867) within the 0.5 -mile search radius. The site form for 30- 177134 describes the property as the Newport Beach Harbor Tower, located at 3333 Pacific Coast Highway. The building was evaluated in 2011 and was recommended for Status Code 6Y, indicating the property was determined ineligible for the National Register of Historic Places (NRHP) by consensus through the Section 106 process, but it was not evaluated for the California Register of Historical Resources (CRHR) or for local listing. The site form for 30- 179867 describes the property as the South Coast Shipyard, located at 2300 Newport Boulevard. The building was evaluated in 2005 and was recommended for Status Code 3CD, indicating the property appears eligible for the CRHR as a contributor to a CRHR - eligible historic district through a survey evaluation. According to the SCCIC search, no aboveground historic resources were mapped within the proposed project area. The California Historic Resources Inventory (HRI) also lists 14 historic resources in the Historic Property Data File (HPDF) that are located in Newport Beach. Of these resources, it appears that only one, Bridge #55 -01, is located within the 0.5 -mile search radius. The bridge is listed in the HPDF under status code 711 as a property identified in a survey but not evaluated. None of the remaining 13 properties appear to be located in the project area or the 0.5 -mile search radius. A list of the 14 historic resources identified in the HPDF is provided in Table 8 below. Chambers Group, Inc. 33 20514 16 -47 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California Table 8: Historic Property Data File Listings 30- 162284 1953 National Boy NA 7L —State Historical Landmark, Needs to be reevaluated Scout Jamboree Site using current standards. 30- 158591 Bank of Balboa /Bank of 611 East 1S— Individual Property Listed in the NR by Keeper. Listed America Balboa Blvd. in the California Register of Historic Resources (CRHR). NA NA 4302 Ford 6Y— Determined ineligible for National Register of Historic Street Places (NRHP) by consensus through Section 106 process — Not evaluated for CRHR or Local Listing. 30- 162257 First Water -to -Water Main St. 1CL— Automatically listed in the CRHR. Flight Site 30- 158590 Balboa Inn 105 Main St. 1S— Individual Property listed in the NRHP by Keeper. Listed in the CRHR. NA Balboa Island Fire 323 Marine 2CS— Individual Property determined eligible for listing in House #4 Ave. the CRHR by the SHRC. 30- 162261 Old Landing Site State Route 7L —State Historical Landmark, Needs to be reevaluated 1 using current standards. NA Our Lady of Mount 1441 West 6Y— Determined ineligible for NRHP by consensus through Carmel Church Balboa Blvd. Section 106 process — Not evaluated for CRHR or Local Listing. NA Wild Goose Historic 2431 West 1S— Individual Property listed in the NRHP by Keeper. Vessel Coast Dr. Listed in the CRHR. 30- 162258 McFadden Wharf West Ocean 1CL— Automatically listed in the CRHR. Front 30- 158585 Lovell Beach House 1242 West IS— Individual Property listed in the NRHP by Keeper. Ocean Front Listed in the CRHR. 30- 158589 B.K. Stone Building, 2100 West 5S2— Individual Property that is eligible for Local Listing or McFadden Building Ocean Front designation. 30- 158587 Bridge #55 -21 State Route 711 — Individual Property that is eligible for Local Listing or 1 designation. 30- 158586 Bridge #55 -01 State Route 713 — Individual Property that is eligible for Local Listing or 1 1 designation. According to the California Points of Historical Interest (CPHI), the CRHR, the NRHP and other records available for this proposed project, no eligible or listed historical resources appear to be located within or immediately adjacent to the project area. 5.5.2 Impact Analysis (a) Review of site survey data and background research determined that the properties located within the proposed project area do not appear to meet the criteria of eligibility for inclusion in the CRHR or to be considered historical resources for purposes of CEQA. Initial research has yielded no information indicating an association with significant historic events or people instrumental to the development of Balboa Peninsula, the City of Newport Beach, Orange County, or the State of California (Criteria 1 and 2). While Newport Boulevard currently extends in a manner roughly similar to the historic Pacific Electric Railroad alignment, all track features have been removed, and the surrounding area has undergone extensive nonhistoric - period Chambers Group, Inc. 20514 34 EMU Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California development that has significantly undermined any potential historic integrity of the project area. The proposed project site does not significantly embody the distinctive characteristics of a style, type, or period or represent the work of a master (Criterion 3). Instead, the present streetscape appears to have numerous and significant alterations, including nonhistoric - period changes to its form and massing as well as the addition of modern streetlights and adjacent commercial construction. Additionally, the proposed project site lacks the character - defining features, such as large signage or the generous use of concrete masonry exteriors and glass - enclosed showrooms to be considered a distinctive example of a historic automotive corridor or route. The proposed project would require a full property acquisition of the vacant Wachovia Bank building located at 3201 Newport Boulevard and the adjacent property currently configured as a parking lot. The vacant Wachovia Bank building would be demolished, and both properties would be converted to a public parking lot. The vacant Wachovia Bank building was constructed in 1974 and does not appear to be eligible for listing to the CRHR. The proposed project site has neither yielded, nor appears likely to yield, information important in prehistory or history (Criterion 4). Finally, the project area does not appear to contribute to the significance of a larger historic district. While portions of the project area were once part of the land used for the Pacific Electric Railway, the alignment was converted into a roadway in the mid - twentieth century and has since been modified through the introduction of nonhistoric- period elements, including commercial construction and streetscape improvements. As a result of these significant alterations and loss of integrity, the project area does not appear to meet the criteria of eligibility for inclusion in the CRHR as an individual property or as a contributor to a potentially eligible historic district. Accordingly, the project is not expected to directly or indirectly affect any CRHR - eligible properties or historical resources for purposes of CECA, and impacts would be less than significant. (b) The SCCIC identified two archaeological sites (30- 000059, 30- 000060) within 0.5 -mile of the proposed project; however, these archaeological resources are outside the APE and would not be impacted by project construction. Additionally, the field survey conducted for the proposed project site did not identify any archaeological resources. Pursuant to the revised implementing regulations of the National Historic Preservation Act (NHPA) found at 36 CFR 800.4(a) (4), Chambers Group contacted the California Native American Heritage Commission (NAHC) on November 20, 2013, to request a review of their Sacred Lands Files. The NAHC responded on November 21, 2013, stating that the Sacred Lands File search failed to identify Native American cultural resources at the specified site. As an additional measure in the tribal consultation process, the NAHC provided a list of tribal governments and individuals to determine if any cultural places might be impacted by the proposed action. Chambers Group sent an informational letter to the groups and /or individuals identified by the NAHC and received two responses from the informational letter recipients, both of which are presented in Exhibit 3 of Appendix B of this IS /MND. Chambers Group received an email from the Tongva Ancestral Territorial Tribal Nation, expressing concern over the presence of archaeological and cultural resources on the project site. However, the email did not specify the locations of any known archaeological or cultural resources, nor did the email Chambers Group, Inc. 20514 35 16 -49 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California identify any specific measures to address potential impacts to archaeological and cultural resources. Chambers Group also received a letter from the United Coalition to Protect Panhe, stating that undisturbed areas of the project area were considered culturally sensitive. However, the letter did not identify any known archaeological or cultural resources within the APE. The letter requested that a literature review, SCCIC record search, and an archaeological survey be conducted. As described above, Chambers Group completed the requested cultural resources investigations and did not identify any significant cultural resources that would be impacted by the proposed project. Although no archaeological resources were identified within the project APE, construction of the proposed project would have the potential to unearth unknown archaeological resources, which may result in a significant impact. Implementation of CUL -1 would reduce impacts to archaeological resources to a level less than significant. Implementation of CUL -1 would also address the concerns expressed by tribal representatives regarding unknown archaeological resources. CUL -1: In the event that a cultural or paleontological resource is exposed during ground - disturbing activities, construction activities (e.g., grading, grubbing, or vegetation clearing) should be halted immediately near the discovery. A cultural resource specialist and /or paleontological resource specialist who meet the Secretary of the Interior's Professional Qualifications Standards (United States National Park Service 1983) should then be retained to evaluate the find's significance under CEQA. If the discovery proves to be significant, additional work, such as data recovery excavation, may be warranted and should be discussed in consultation with the lead agency. (c) Construction of the proposed project would have the potential to unearth unknown paleontological resources, which may result in a significant impact. Implementation of CUL -1 would reduce impacts to paleontological resources to a level less than significant. (d) Construction of the proposed project would have the potential to unearth human remains, which may result in a significant impact. Implementation of CUL -2 would reduce impacts to archaeological resources to a level less than significant. CUL -2: The discovery of human remains is always a possibility during ground disturbances; State of California Health and Safety Code Section 7050.5 addresses these findings. This code section states that no further disturbance shall occur until the Orange County Coroner has made a determination of origin and disposition pursuant to PRC Section 5097.98. The Coroner must be notified of the find immediately. If the human remains are determined to be prehistoric, the Coroner will notify the NAHC, which will determine and notify a Most Likely Descendant (MLD). The MLD shall complete the inspection of the site within 48 hours of notification and may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American burials. Chambers Group, Inc. 20514 36 16 -50 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California 5.6 GEOLOGY AND SOILS 5.6.1 Impact Analysis (a) (i) through (iii) Because southern California is a seismically active region, it is highly likely that regional earthquakes would occur in the vicinity of the proposed project site. The southern segment of the proposed project is identified as being located on the Newport - Inglewood Fault Zone in the Safety Element of the Newport Beach General Plan. Therefore, the proposed project site has the potential to be exposed to rupture of a known earthquake fault and strong ground shaking during a seismic event associated with the Newport - Inglewood Fault Zone or other faults in southern California. The proposed project site is also identified as being susceptible to liquefaction in the Safety Element of the Newport Beach General Plan. The proposed project is limited, however, to roadway and intersection improvements, and construction of a public parking lot. The proposed project would not construct new Chambers Group, Inc. 20514 37 16 -51 Less than Potentially Significant Less Than 6' GEOLOGY AND SOILS. Significant With Significant No Would the project: Impact Impact Mitigation Impact Incorporated (a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist - Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other ❑ ❑ ® ❑ substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? ❑ ❑ ® ❑ iii) Seismic - related ground failure, including El E-1 ® E-1 liquefaction? iv) Landslides? ❑ ❑ ❑ (b) Result in substantial soil erosion or the loss of ❑ ❑ ® E] topsoil? (c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or offsite ❑ ® ❑ ❑ landslide, lateral spreading, subsidence, liquefaction or collapse? (d) Be located on expansive soil, as defined in Table 18- 1-6 of the Uniform Building Code (1994), creating ❑ ® ❑ ❑ substantial risks to life or property? (e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal El E] El ystems where sewers are not available for the disposal of waste water? 5.6.1 Impact Analysis (a) (i) through (iii) Because southern California is a seismically active region, it is highly likely that regional earthquakes would occur in the vicinity of the proposed project site. The southern segment of the proposed project is identified as being located on the Newport - Inglewood Fault Zone in the Safety Element of the Newport Beach General Plan. Therefore, the proposed project site has the potential to be exposed to rupture of a known earthquake fault and strong ground shaking during a seismic event associated with the Newport - Inglewood Fault Zone or other faults in southern California. The proposed project site is also identified as being susceptible to liquefaction in the Safety Element of the Newport Beach General Plan. The proposed project is limited, however, to roadway and intersection improvements, and construction of a public parking lot. The proposed project would not construct new Chambers Group, Inc. 20514 37 16 -51 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California structures that could expose people to danger associated with seismic ground shaking or liquefaction during a seismic event. Therefore, impacts would remain unchanged from the existing condition. iv) Topography of the proposed project site is relatively flat, with ground surface elevations ranging from approximately 4 to 8 feet above mean sea level, and does not have the potential for landslides. No impact would occur. (b) The proposed project is located within a fully urbanized area that does not possess any exposed soil. Construction of the proposed project would incorporate best management practices (BMPs) to prevent erosion during excavation activities. Therefore, implementation of the proposed project would not result in substantial soil erosion or the loss of topsoil, and impacts would be less than significant. (c) Topography of the proposed project site is relatively flat, with ground surface elevations ranging from approximately 4 to 8 feet above mean sea level, and does not have the potential for landslides. Ninyo & Moore prepared a geotechnical investigation which determined that the proposed project site is underlain by fill and alluvium generally consisting of very loose to medium dense, silty sand with minor amounts of clayey sand and sandy to clayey silt (Appendix C). Granular soils at the project site were found to be generally suitable for use as structural backfill, provided deleterious materials were removed. Groundwater was encountered at depths ranging from approximately 3 to 5 feet below the existing ground surface during the geotechnical investigation, and it should be anticipated that groundwater would be encountered at depths of approximately 3 feet or less. Soils beneath groundwater levels would be wet and could potentially be unstable. Additionally, the proposed project site is identified as being susceptible to liquefaction in the Safety Element of the Newport Beach General Plan. Consequently, the proposed project would be constructed on soils that may be unstable, resulting in the potential for lateral spreading, subsidence, liquefaction, or collapse. The proposed project is limited, however, to roadway and intersection improvements, and construction of a public parking lot. The proposed project would not introduce new structures that could be susceptible to lateral spreading, subsidence, liquefaction, or collapse. Potential impacts would be based on whether soils beneath the improved roadway could be stabilized during construction to provide a stable foundation. Providing a stable roadway foundation would ensure that the potential for lateral spreading, subsidence, liquefaction, or collapse during seismic events did not increase over the potential in the existing condition. Implementation of mitigation measures GEO -1 through GEO -4 would reduce impacts to a level less than significant. GEC -1: Project construction should incorporate the recommendations presented in the geotechnical investigation prepared by Ninyo & Moore for the proposed project. GEC -2: Soil excavated from below groundwater levels would be wet and would require drying in order to be suitable for compaction. Similarly, trench excavations that extend below groundwater would require dewatering in order to construct the proposed improvements under a dry condition. Dewatering may include pumping groundwater from well points within or outside the shored excavation. Dewatering should be limited to no more than approximately 2 feet below the bottom of excavations. It is recommended that the dewatering system design should be performed by a specialty Chambers Group, Inc. 20514 38 16 -52 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California dewatering contractor. Disposal of groundwater should be performed in accordance with guidelines of the Regional Water Quality Control Board. Wet soils should be processed to near - optimum moisture content prior to their placement as trench backfill. Fill material imported to the site (if any) should be granular, nonexpansive soil and free of trash, debris, roots, vegetation, or other deleterious materials. " Nonexpansive" soils can be defined as having a "very low" expansion potential in accordance with the California Building Code (CBC) (an expansion index ranging from 0 to 20). Fill should generally be free of rocks or hard lumps of material in excess of 4 inches in diameter. Rocks or hard lumps larger than approximately 4 inches in diameter should be broken into smaller pieces or should be removed from the site. Materials for use as imported structural fill should be evaluated by a qualified and experienced engineer prior to importing. GEC -3: Trenches or other excavations that extend below groundwater and /or deeper than approximately 4 feet should be shored. Shoring systems should be installed prior to excavating below groundwater to avoid caving and undermining of adjacent improvements. The contractor should retain a qualified and experienced engineer to design the shoring system consistent with the parameters presented in the geotechnical investigation prepared by Ninyo & Moore. GEC -4: A qualified and experienced engineer should observe and test fill placement and compaction. The frequency of testing and the time of observation will vary depending on the contractor's method of operation and quality of work, as well as the requirements of the governing agency. (d) As described in section 5.6.1(c) above, it should be anticipated that groundwater would be encountered at depths of approximately 3 feet or less. Soils beneath groundwater levels would be wet and have the potential for expansion; however, implementation of mitigation measures GEO -1 through GEC -4 would reduce impacts to a level less than significant. (e) The proposed project is limited to roadway and intersection improvements, and construction of a public parking lot. The proposed project would not construct new structures that would require septic tanks or alternative waste water disposal systems. No impacts would occur. Chambers Group, Inc. 20514 39 16 -53 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California 5.7 GREENHOUSE GAS EMISSIONS The impact evaluation presented in Section 5.7 is based on the Greenhouse Gas (GHG) impact analysis prepared by Vista Environmental utilizing the CalEEMod model. Output files for the CaIEEMod Model prepared for the proposed project are included as Appendix D of this IS /MND. 5.7.1 Impact Analysis (a) A large amount of legislative and regulatory activities directly and indirectly affect climate change and GHGs in California. The primary climate change legislation in California is AB 32, the California Global Warming Solutions Act of 2006. AB 32 focuses on reducing GHG emissions in California and requires that GHGs emitted in California be reduced to 1990 levels by the year 2020. The California Air Resources Board (CARB) is the State agency charged with monitoring and regulating sources of emissions of GHGs in California that contribute to global warming in order to reduce emissions of GHGs. The CARB Governing Board approved the 1990 GHG emissions level of 427 million metric tons of CO2 equivalent (MMTCO2e) on December 6, 2007. Therefore, in 2020, annual emissions in California are required to be at or below 427 MMTCO2e. The CARB Board approved the Climate Change Scoping Plan (Scoping Plan) in December 2008. The Scoping Plan defines a range of programs and activities that will be implemented primarily by State agencies but also include actions by local government agencies. Primary strategies addressed in the Scoping Plan include new industrial and emission control technologies; alternative energy generation technologies; advanced energy conservation in lighting, heating, cooling, and ventilation; reduced - carbon fuels; hybrid and electric vehicles; and other methods of improving vehicle mileage. Local government will have a part in implementing some of these strategies. The Scoping Plan also calls for reductions in vehicle- associated GHG emissions through smart growth that will result in reductions in vehicle miles traveled (CARB 2008). The CalEEMod model used to calculate the criteria pollutant emissions presented in Section 5.3 Air quality was also utilized to calculate the GHG emissions associated with construction of the proposed project (Appendix D). The CalEEMod model calculated that construction activities would generate 154.14 metric tons of CO2 equivalent (MTCOZe). The proposed project consists of a roadway widening project that includes the relocation of public parking spaces and would not generate any additional traffic; the only alteration to traffic patterns would occur from the minor reconfiguration of an existing alley, which has minimal traffic volumes. The proposed project would result in improving the LOS on Newport Boulevard between Via Lido and 32nd Street from LOS F to LOS D and between 32nd Street and 301h Street from LOS D to LOS B. The Chambers Group, Inc. 20514 40 16 -54 Less than Potentially Significant Less Than 7. GREENHOUSE GAS EMISSIONS. Significant With Significant No Would the project: Impact Impact Mitigation Impact Incorporated (a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on ❑ ❑ ® ❑ the environment? (b) Conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the ❑ ❑ ® ❑ emissions of greenhouse gases? The impact evaluation presented in Section 5.7 is based on the Greenhouse Gas (GHG) impact analysis prepared by Vista Environmental utilizing the CalEEMod model. Output files for the CaIEEMod Model prepared for the proposed project are included as Appendix D of this IS /MND. 5.7.1 Impact Analysis (a) A large amount of legislative and regulatory activities directly and indirectly affect climate change and GHGs in California. The primary climate change legislation in California is AB 32, the California Global Warming Solutions Act of 2006. AB 32 focuses on reducing GHG emissions in California and requires that GHGs emitted in California be reduced to 1990 levels by the year 2020. The California Air Resources Board (CARB) is the State agency charged with monitoring and regulating sources of emissions of GHGs in California that contribute to global warming in order to reduce emissions of GHGs. The CARB Governing Board approved the 1990 GHG emissions level of 427 million metric tons of CO2 equivalent (MMTCO2e) on December 6, 2007. Therefore, in 2020, annual emissions in California are required to be at or below 427 MMTCO2e. The CARB Board approved the Climate Change Scoping Plan (Scoping Plan) in December 2008. The Scoping Plan defines a range of programs and activities that will be implemented primarily by State agencies but also include actions by local government agencies. Primary strategies addressed in the Scoping Plan include new industrial and emission control technologies; alternative energy generation technologies; advanced energy conservation in lighting, heating, cooling, and ventilation; reduced - carbon fuels; hybrid and electric vehicles; and other methods of improving vehicle mileage. Local government will have a part in implementing some of these strategies. The Scoping Plan also calls for reductions in vehicle- associated GHG emissions through smart growth that will result in reductions in vehicle miles traveled (CARB 2008). The CalEEMod model used to calculate the criteria pollutant emissions presented in Section 5.3 Air quality was also utilized to calculate the GHG emissions associated with construction of the proposed project (Appendix D). The CalEEMod model calculated that construction activities would generate 154.14 metric tons of CO2 equivalent (MTCOZe). The proposed project consists of a roadway widening project that includes the relocation of public parking spaces and would not generate any additional traffic; the only alteration to traffic patterns would occur from the minor reconfiguration of an existing alley, which has minimal traffic volumes. The proposed project would result in improving the LOS on Newport Boulevard between Via Lido and 32nd Street from LOS F to LOS D and between 32nd Street and 301h Street from LOS D to LOS B. The Chambers Group, Inc. 20514 40 16 -54 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California improvements to LOS would reduce the amount of engine idling on Newport Boulevard and reduce vehicle trip travel times, which would result in a net reduction in GHG emissions from operation of the proposed project. Even though the City of Newport Beach does not have an established threshold for GHGs, this analysis proposes to use the "Tier 3" quantitative threshold for residential and commercial projects as recommended by the SCAQMD (SCAQMD 2010). The SCAQMD proposes that if a project generates GHG emissions below 3,000 MTCOZe, it could be concluded that the project's GHG contribution is not "cumulatively considerable" and is therefore less than significant under CEQA. Therefore, the proposed project's GHG contribution is not "cumulatively considerable" and impacts would be less than significant. (b) Neither the City of Newport Beach nor SCAQMD have any specific plans, policies, or regulations adopted for reducing the emissions of GHGs. Construction emissions would be short -term and within the SCAQMD's draft thresholds, and operation of the proposed project would not create an increase in GHG emissions. Therefore, the proposed project would not conflict with any applicable plan, policy, or regulation adopted for reducing the emissions of GHGs; and impacts would be less than significant. Chambers Group, Inc. 20514 41 16 -55 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California 5.8 HAZARDS AND HAZARDOUS MATERIALS 5.8.1 Impact Analysis (a) The proposed project is limited to roadway and intersection improvements, and construction of a public parking lot. The proposed project would not introduce new land uses that would require the routine transport, use, or disposal of hazardous materials. Construction of the proposed project would be short -term and would involve the limited transport, use, disposal, and storage of hazardous materials. Some examples of the hazardous materials that may be handled include fuels, lubricating fluids, and solvents. These types of materials, however, are not acutely hazardous. Adherence to regulations set forth by county, State, and federal agencies regarding storage, handling, and disposal of these materials would reduce the potential for hazardous materials impacts during construction to a level less than significant. Chambers Group, Inc. 20514 42 16 -56 Less than Potentially Significant Less Than $ HAZARDS AND HAZARDOUS MATERIALS. Significant With Significant No Would the project: Impact Impact Mitigation Impact Incorporated (a) Create a significant hazard to the public or the environment through the routine transport, use, or ❑ ❑ ® ❑ disposal of hazardous materials? (b) Create a significant hazard to the public or the environment through reasonable foreseeable upset E] ❑ ® El and accident conditions involving the release of hazardous materials into the environment? (c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste El El E] within one - quarter mile of an existing or proposed school? (d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, ❑ ® ❑ ❑ would it create a significant hazard to the public or the environment? (e) For a project located within an airport land use plan or, where such a plan had not been adopted, within 2 miles of a public airport or public use airport, ❑ ❑ ❑ would the project result in a safety hazard for people residing or working in the project area? (f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for ❑ ❑ ❑ people residing or working in the project area? (g) Impair implementation of or physically interfere with an adopted emergency response plan or ❑ ❑ ® ❑ emergency evacuation plan? (h) Expose people or structures to a significant risk of loss, injury, or death involving wildland fires, including where wildlands are adjacent to urbanized ❑ ❑ ❑ areas or where residences are intermixed with wildlands? 5.8.1 Impact Analysis (a) The proposed project is limited to roadway and intersection improvements, and construction of a public parking lot. The proposed project would not introduce new land uses that would require the routine transport, use, or disposal of hazardous materials. Construction of the proposed project would be short -term and would involve the limited transport, use, disposal, and storage of hazardous materials. Some examples of the hazardous materials that may be handled include fuels, lubricating fluids, and solvents. These types of materials, however, are not acutely hazardous. Adherence to regulations set forth by county, State, and federal agencies regarding storage, handling, and disposal of these materials would reduce the potential for hazardous materials impacts during construction to a level less than significant. Chambers Group, Inc. 20514 42 16 -56 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California (b) The proposed project is limited to roadway and intersection improvements, and construction of a public parking lot. The proposed project would not introduce new structures that could create an accident condition involving the release of hazardous materials into the environment. The existing roadway configuration within the proposed project site does not possess any identified safety deficiencies. The proposed project would widen the existing Newport Boulevard roadway and would not introduce any new curves that could create an accident condition. Furthermore, the proposed project has been designed consistent with existing safety standards and would not create unsafe conditions that could increase the risk of an accident. Therefore, the proposed project would not create accident conditions that could result in the release of hazardous materials. Adherence to regulations set forth by county, State, and federal agencies regarding storage, handling, and disposal of hazardous materials would reduce the potential for impacts associated with accident conditions during construction to a level less than significant. (c) The proposed project site is not located within one - quarter mile of an existing or proposed school. Ensign Middle School is located approximately 0.80 mile northeast of the proposed project site, while Newport Elementary School is located approximately 0.85 mile southeast of the proposed project site. No impact would occur. (d) Ninyo & Moore prepared an Initial Site Assessment (ISA) to identify recognized environmental conditions (RECs), which are defined by ASTM as "the presence or likely presence of any hazardous substances or petroleum products on a property under conditions that indicate an existing release, a past release, or a material threat of a release of any hazardous substances or petroleum products into structures on the property or into the ground, ground water, or surface water of the property' (Appendix E). The ISA identified the following RECs within the project site and surrounding area: Newport Boulevard: The segment of Newport Boulevard within the proposed project site has been a paved roadway since at least 1929 to the present. The road was identified as Central Avenue from at least 1929 until 1945. From 1945 to the present the roadway was identified as Newport Boulevard. The long -term use of the site as a roadway prior to the ban on leaded gasoline in 1992 represents a REC based on the potential presence of aerially deposited lead (ADL). In addition, lead is suspected to be present in the street paint striping. 3201 Newport Boulevard (Vacant Wachovia Bank Building): The property located at 3201 Newport Boulevard was occupied by a Southern Pacific Railroad ROW from at least 1929 to 1945. From approximately 1945 to at least 1966 this portion of the site was occupied by a gasoline station. From approximately 1966 to at least 2008 this portion of the site was occupied by a commercial building used as offices, a video rental store, and most recently, as a bank. At the time of the site reconnaissance, the site building was unoccupied. The presence of the Southern Pacific Railroad adjacent to the west of the site and crossing the 3201 Newport Boulevard portion of the site represents a REC based on the common applications of pesticides, petroleum hydrocarbons, and metals in railroad ROWS. The presence of a gasoline service station from approximately 1945 to at least 1966 also represents a REC. Additionally, this building is suspected to contain asbestos - containing materials (ACMs), lead -based paint (LBP), and universal waste based on the age of construction. Chambers Group, Inc. 20514 43 16 -57 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California 3305 Newport Boulevard: The property located at 3305 Newport Boulevard was occupied by a Southern Pacific railroad ROW from at least 1929 to 1945. From approximately 1945 to the present, this property was occupied by commercial businesses including hair dressers and restaurants. During the period from at least 1993 to 2002, Suite M of this property was occupied by a dry cleaner. The presence of the Southern Pacific Railroad ROW and the dry cleaner represent RECs. 2920 Newport Boulevard: The property located at 2920 Newport Boulevard was occupied by a gasoline station, which represents a REC. 3020 Newport Boulevard: The property located at 3020 Newport Boulevard was occupied by a gasoline station, which represents a REC. 3201 Newport Boulevard: The property located at 3201 Newport Boulevard was occupied by a gasoline station, which represents a REC. 3010 Newport Boulevard: The property located at 3010 Newport Boulevard was occupied by a printing business, which represents a REC. 3011 Newport Boulevard: The property located at 3011 Newport Boulevard was occupied by an auto repair shop, which represents a REC. 3001 Newport Boulevard: The upgradient former UNOCAL #5301 facility located at 3001 Newport Boulevard was listed on the Leaking Underground Storage Tank (LUST) database. Multiple monitoring wells were observed on the facility, and one monitoring well was located in Newport Boulevard on the site. The facility is associated with a LUST case with the status "Open — Eligible for Closure" as of 2013. The most recent maximum reported concentrations of total petroleum hydrocarbons as gasoline (TPHg) (3,700 micrograms per liter [mg /1]) and benzene (780 mg /1) exceed the cleanup goals for the site and pose a potential vapor encroachment condition (VEC). Based on the reported concentrations of TPHg and benzene in groundwater, the shallow depth to groundwater in the vicinity, and the location of the facility adjacent to the west and upgradient of the site, this facility represents a REC. Each of the RECs described above may contain hazardous materials that could be exposed during project construction, potentially resulting in a significant impact. Implementation of mitigation measures HAZ -1 through HAZ -3 would reduce these impacts to a level less than significant. HAZ -1: Perform a subsurface investigation and human health risk assessment at the site to determine if hazardous materials are present due to past land uses. The subsurface investigation and human health risk assessment shall be performed by a hazardous materials specialist prior to construction. If the subsurface investigation identifies hazardous materials that pose a significant risk to the environment or human health, the project site would need to be remediated consistent with appropriate regulatory standards. HAZ -2: Conduct ADL and traffic paint stripe surveys for the site. Chambers Group, Inc. 20514 44 16 -58 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California HAZ -3: Survey for ACMs, LBP, and universal waste should be conducted for the building at 3201 Newport Boulevard, prior to demolition. (e) The proposed project is not located within an airport land use plan or within 2 miles of a public airport or public use airport. Furthermore, the proposed project is limited to roadway and intersection improvements, and construction of a public parking lot. The proposed project would not construct new structures that could that could disrupt air traffic patterns or place people at risk in the event of an aircraft mishap. Therefore, implementation of the proposed project would not result in a safety hazard for people residing or working in the proposed project area. No impact would occur. (f) No private airstrips are located within the City of Newport Beach. No impact would occur. (g) Newport Boulevard is identified as a tsunami evacuation route in the City of Newport Beach Emergency Management Plan (City of Newport Beach 2004). Project construction would require temporary lane closures on both Newport Boulevard and 32nd Street; however, a traffic control plan would be implemented during construction to minimize disruptions due to lane closures and maintain access for emergency response and evacuation. Once constructed, the increased vehicular capacity and reduced traffic congestion on Newport Boulevard could potentially improve emergency response and evacuation. Therefore, impacts would be less than significant. (h) The proposed project site is located within a fully urbanized section of the City of Newport Beach near Newport Bay and the Pacific Ocean and is not located near any wildlands. The proposed project site is identified as having a fire susceptibility of "Low /None" in the Safety Element of the Newport Beach General Plan. Furthermore, the proposed project is limited to roadway and intersection improvements, and construction of a public parking lot. The proposed project would not construct new structures that could expose people to a significant risk of loss, injury, or death involving wildland fires. No impact would occur. Chambers Group, Inc. 20514 45 16 -59 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California 5.9 HYDROLOGY AND WATER QUALITY 5.9.1 Impact Analysis (a) Implementation of BMPs during project construction would limit erosion and siltation to the maximum extent practicable. Furthermore, the Water Quality Management Plan (WQMP) prepared for the proposed project identified operational BMPs that would prevent impacts to water quality in the post - project condition. These operational BMPs include, but are not limited to, common area litter control, common area catch basin inspection, street sweeping, storm drainage system stenciling and signage, and use of efficient irrigation system and landscape design. Additional operational BMPs are documented in the WQMP included as Appendix F of Chambers Group, Inc. 20514 46 16 -60 Less than Potentially Significant Less Than B HYDROLOGY AND WATER QUALITY. Significant With Significant No Would the project: Impact Impact Mitigation Impact Incorporated (a) Violate any water quality standards or waste E] ❑ ® ❑ discharge requirements? (b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that a net deficit would occur in aquifer volume or a lowering of the local groundwater table 1:1 El level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? (c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or ❑ ❑ ® ❑ river, in a manner which would result in a substantial erosion or siltation on- or off -site. (d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially E] E] El increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite? (e) Create or contribute runoff water which would exceed the capacity of existing or planned L1 E] El stormwater drainage systems or provide substantial additional sources of polluted runoff? (f) Otherwise substantially degrade water quality? ❑ ❑ ® ❑ (g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or El El El Flood Insurance Rate Map or other flood hazard delineation map? (h) Place within a 100 -year flood hazard area structures E] ❑ ❑ which would impede or redirect flood flows? (i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including ❑ ❑ ❑ flooding as a result of the failure of a levee or dam? (j) Inundation by seiche, tsunami, or mudflow? ❑ ❑ ® ❑ 5.9.1 Impact Analysis (a) Implementation of BMPs during project construction would limit erosion and siltation to the maximum extent practicable. Furthermore, the Water Quality Management Plan (WQMP) prepared for the proposed project identified operational BMPs that would prevent impacts to water quality in the post - project condition. These operational BMPs include, but are not limited to, common area litter control, common area catch basin inspection, street sweeping, storm drainage system stenciling and signage, and use of efficient irrigation system and landscape design. Additional operational BMPs are documented in the WQMP included as Appendix F of Chambers Group, Inc. 20514 46 16 -60 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California the IS /MND. Implementation of construction and operational BMPS would prevent impacts to water quality standards and waste discharge requirements, and impacts would be less than significant. (b) Current project design would reduce the amount of impervious surfaces within the proposed project site from 4.03 acres to 3.81 acres. This reduction of impervious surfaces would increase the amount of stormwater percolating into the ground and improve groundwater recharge. Furthermore, the proposed project is limited to roadway and intersection improvements, and construction of a public parking lot. The proposed project would not construct any new structures that would use groundwater supplies. No impact would occur. (c) The proposed project site is not located within, or near, the course of a stream or river. The Hydrology Report prepared for the proposed project determined that runoff generated by surrounding development mostly sheet flows onto the street, where it is conveyed by the street gutters into the existing storm drain system (Appendix G). Some runoff from the surrounding residential areas and commercial lots is conveyed by v- gutters located in the surrounding alleys and is collected by the existing catch basins. The existing drainage pattern within the project site is divided into two subareas. The southerly portion of the proposed project site generally flows southeasterly towards Newport Boulevard and enters existing catch basins located in Newport Boulevard. The existing storm drain located in 30`" Street conveys the flow easterly in an existing 36 -inch Reinforced Concrete Pipe (RCP) and ultimately discharges into Lower Newport Bay. The runoff generated from the northerly portion of the proposed project site flows onto Newport Boulevard and enters existing catch basins. The flow is conveyed by an existing 36 -inch storm drain system located at the intersection with 32 "d Street and is discharged into the boat channel that is a part of the Lower Newport Bay. Implementation of the proposed project would not alter the general flow pattern and major drainage boundary of the proposed project site. The existing catch basins will be relocated to align with the new proposed curb and gutters to convey runoff to the existing storm drain system in the post - project condition. Furthermore, implementation of BMPS during project construction would limit erosion and siltation to the maximum extent practicable. Therefore, the proposed project would not substantially alter the existing drainage pattern of the proposed project site and would not result in substantial erosion or siltation on- or offsite, and impacts would be less than significant. (d) As described in Section 5.9.1(c) above, the proposed project would not substantially alter the existing drainage pattern of the proposed project site. As described in Section 5.9.1(b) above, the proposed project would reduce the amount of impervious surfaces within the proposed project site and reduce the amount of stormwater sheet flow traveling to stormwater catch basins. Therefore, the proposed project would not substantially alter the existing drainage pattern of the site or area or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite. No impacts would occur. (e) As described in Section 5.9.1(b) above, the proposed project would reduce the amount of impervious surfaces within the proposed project site and reduce the amount of stormwater sheet flow traveling to stormwater catch basins. Additionally, the proposed project is limited to roadway and intersection improvements, and construction of a public parking lot. The proposed project would not construct any new structures that could generate runoff. Therefore, the Chambers Group, Inc. 20514 47 16 -61 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California proposed project would not create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff. No impact would occur. (f) As described in Section 5.9.1(a) above, implementation of construction and operational BMPs would prevent impacts to water quality, and impacts would be less than significant. (g) The proposed project would not construct any new housing. No impacts would occur. (h) The proposed project would not construct any new structures that could impede or redirect flood flows. No impacts would occur. (i) The proposed project is not located within a dam or levee inundation area. No impacts would occur. (j) Topography of the proposed project site is relatively flat, with ground surface elevations ranging from approximately 4 to 8 feet above mean sea level, and does not have the potential to be subject to mudflow from landslides. The proposed project site is located within the 100 -year flood zone and could be subject to a tsunami. Additionally, the proposed project could be subject to a seismically induced seiche due to its location near the West Lido Channel. The proposed project, however, would not introduce new structures that could expose people to a tsunami or seiche. Therefore, impacts would remain unchanged from the existing condition. Chambers Group, Inc. 20514 48 16 -62 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California 5.10 LAND USE AND PLANNING 5.10.1 Impact Analysis (a) The proposed project is limited to roadway and intersection improvements and construction of a public parking lot. Implementation of the proposed project would not permanently sever an existing road or construct any new structures that could divide an established community. The proposed project would improve connectivity within Newport Beach by introducing 6- foot -wide bike lanes along both sides of Newport Boulevard between 32nd Street and Via Lido that would provide a connection to existing bike lanes along 32nd Street west of Newport Boulevard. Project construction would require temporary lane closures on both Newport Boulevard and 32 "d Street; however, a traffic control plan would be implemented during construction to minimize disruptions due to lane closures. Once constructed, the increased vehicular capacity and reduced traffic congestion on Newport Boulevard could potentially improve access and connectivity to the proposed project site and surrounding land uses. Implementation of the proposed project would eliminate 26 existing curbside public parking spaces on Newport Boulevard due to the roadway widening and introduction of bike lanes. However, the proposed project would construct a new public parking lot with a minimum of 26 parking spaces at the northwest corner of the Newport Boulevard and 32 "d Street intersection to replace curbside public parking spaces eliminated on Newport Boulevard. Current project design of the new public parking lot would require full property acquisitions of the vacant Wachovia Bank building located at the northwest corner of the Newport Boulevard and 32 "d Street intersection and the adjacent property currently configured as a parking lot. Acquisition and conversion of these two parcels to a public parking lot would not significantly impact existing land uses since the Wachovia Bank building is currently unoccupied and for sale. Furthermore, conversion of these properties would not significantly alter the existing land use pattern due to the large number of commercial properties surrounding the proposed project site. Current project design would also require a partial ROW acquisition of the commercial property north of the vacant Wachovia Bank building. However, this partial ROW acquisition would not impact the existing structure or any parking spaces currently located on the property. Current project design would require dedication of 0.25 acre of land from the former City Hall parcel located at the northeast corner of the intersection of Newport Boulevard and 32nd Street Chambers Group, Inc. 20514 49 16 -63 Less than LAND USE /PLANNING Potentially Significant Less Than No 10. Would the project: Significant With Significant Impact Impact Mitigation Impact Incorporated (a) Physically divide an established community? ❑ ❑ ® ❑ (b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general E] E] ® E] plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? (c) Conflict with any applicable habitat conservation ❑ El 1:1 plan or natural community conservation plan? 5.10.1 Impact Analysis (a) The proposed project is limited to roadway and intersection improvements and construction of a public parking lot. Implementation of the proposed project would not permanently sever an existing road or construct any new structures that could divide an established community. The proposed project would improve connectivity within Newport Beach by introducing 6- foot -wide bike lanes along both sides of Newport Boulevard between 32nd Street and Via Lido that would provide a connection to existing bike lanes along 32nd Street west of Newport Boulevard. Project construction would require temporary lane closures on both Newport Boulevard and 32 "d Street; however, a traffic control plan would be implemented during construction to minimize disruptions due to lane closures. Once constructed, the increased vehicular capacity and reduced traffic congestion on Newport Boulevard could potentially improve access and connectivity to the proposed project site and surrounding land uses. Implementation of the proposed project would eliminate 26 existing curbside public parking spaces on Newport Boulevard due to the roadway widening and introduction of bike lanes. However, the proposed project would construct a new public parking lot with a minimum of 26 parking spaces at the northwest corner of the Newport Boulevard and 32 "d Street intersection to replace curbside public parking spaces eliminated on Newport Boulevard. Current project design of the new public parking lot would require full property acquisitions of the vacant Wachovia Bank building located at the northwest corner of the Newport Boulevard and 32 "d Street intersection and the adjacent property currently configured as a parking lot. Acquisition and conversion of these two parcels to a public parking lot would not significantly impact existing land uses since the Wachovia Bank building is currently unoccupied and for sale. Furthermore, conversion of these properties would not significantly alter the existing land use pattern due to the large number of commercial properties surrounding the proposed project site. Current project design would also require a partial ROW acquisition of the commercial property north of the vacant Wachovia Bank building. However, this partial ROW acquisition would not impact the existing structure or any parking spaces currently located on the property. Current project design would require dedication of 0.25 acre of land from the former City Hall parcel located at the northeast corner of the intersection of Newport Boulevard and 32nd Street Chambers Group, Inc. 20514 49 16 -63 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California (3300 Newport Blvd). This partial property dedication would not impact use of the property since it is currently unoccupied, and dedication of 0.25 acre at the edge of property would not affect future conversion of the former City Hall parcel to a new use. Similarly, current project design would require dedication of 0.03 acre of the City -owned Gateway Park located at the southwest corner of Newport Boulevard and Short Street (3531 Newport Boulevard).This partial dedication would not negatively impact Gateway Park since the park has no existing recreational amenities that could be affected, and the parcel would continue to offer opportunities for passive recreation. Therefore, the proposed project would not dramatically change the surrounding land use pattern or reduce parking, and impacts would be less than significant. Implementation of the proposed project would result in some minor changes to access to the existing circulation system. Acquisition of the two existing bank properties and roadway modifications on 32nd Street would result in the closure of the alley access that bisects these properties. However, the proposed project would preserve access to 32nd Street by reconfiguring the alley to connect to the proposed public parking lot, which will include an exit /entrance via Marcus Avenue. Additionally, the proposed project would remove the westbound free -right turn lane on 32nd Street at Newport Boulevard. However, right turns onto Newport Boulevard from westbound 32nd Street would be preserved on the modified intersection. Construction of the proposed project may require relocation of the existing bus stops on the segment of Newport Boulevard within the proposed project site; however, these would be relocated within the proposed project site in close proximity to the existing bus stops if is determined that an alternative location(s) would be necessary. Furthermore, bus stops would be preserved on both sides of Newport Boulevard within the proposed project site. Therefore, project design would preserve access to the existing circulation system, and impacts would be less than significant. (b) The proposed project would be consistent with the applicable policies of the City of Newport Beach General Plan. The intersection of Newport Boulevard and 32nd Street has been identified in the Circulation Element in Figure CE3 as an intersection to be improved to meet the Circulation Element LOS Standards found in CE 2.1.1. The addition of one northbound and southbound through lane to Newport Boulevard would be consistent with the existing designation for this segment of Newport Boulevard as a Major Road (Six Lane Divided) in the circulation element. Similarly, improvements and modifications to 32nd Street would be consistent with the existing designation in the circulation element as a Commuter Roadway (Two Lane Undivided) east of Newport Boulevard and a Secondary Road (Four Lane Undivided) west of Newport Boulevard. The proposed project would be consistent with parking requirements in the General Plan by constructing a new public parking lot to mitigate for loss of the 26 existing curbside public parking spaces on Newport Boulevard. Furthermore, introduction of 6- foot -wide bike lanes along both sides of Newport Boulevard would be consistent with Circulation Element Policy CE 5.1.6 pertaining to alternative transportation. Additionally, the proposed project would improve access to coastal resources and would not impact any resources that qualify for protection in the Newport Beach Coastal Land Use Plan. Therefore, the proposed project would be consistent with the City of Newport Beach General Plan and Coastal Land Use Plan, and impacts would be less than significant. (c) As described in Section 5.4.1(f) above, the City of Newport Beach is a signatory to the County of Orange Central & Coastal Subregion NCCP /HCP, which provides guidance for the creation of a multi- species /multi- habitat preserve system and implementation of a long -term management Chambers Group, Inc. 20514 50 16 -64 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California program. The proposed project is located within a fully urbanized area that does not possess any sensitive habitat and does not support any vegetation or wildlife species subject to the provisions of the NCCP /HCP. Existing vegetation on the project site consists of introduced landscaping that does not qualify as sensitive habitat. Additionally, the proposed project is not located within the boundaries of any of the biological resource preserves or environmental study areas documented in the Natural Resource Element of the City of Newport Beach General Plan. Therefore, the proposed project would not conflict with any applicable habitat conservation plan or natural community conservation plan. No impacts would occur. 5.11 MINERAL RESOURCES 5.11.1 Impact Analysis (a) The proposed project site is located on land identified as the Newport oil Field on the City of Newport Beach General Plan EIR (City of Newport Beach 2006b); however, the proposed project site and surrounding land uses do not include an oil well extracting oil from the Newport Oil Field. Furthermore, construction of the proposed project would not affect the Newport Oil Field due to the existing oil's presence well below the ground surface. Therefore, the proposed project would not result in the loss of availability of a known mineral resource. No impacts would occur. (b) The proposed project site and surrounding land uses are not delineated for mineral resource recovery. The proposed project site consists of portions of the existing Newport Boulevard and 32nd Street roadways, a vacant bank and parking lot, and portions of commercial and public use properties. Land uses surrounding the proposed project consist predominantly of commercial and retail businesses. Therefore, the proposed project would not result in the loss of availability of a designated locally important mineral resource recovery site. No impacts would occur. Chambers Group, Inc. 20514 51 16 -65 Less than Potentially Significant Less Than 11 MINERAL RESOURCES Significant With Significant No Would the project: Impact Mitigation Impact Impact Incorporated (a) Result in the loss of availability of a known mineral resource that would be of value to the region and ❑ ❑ ❑ the residents of the state? (b) Result in the loss of availability of a locally - important mineral resource recovery site delineated ❑ ❑ El on a local general plan, specific plan or other land use plan? 5.11.1 Impact Analysis (a) The proposed project site is located on land identified as the Newport oil Field on the City of Newport Beach General Plan EIR (City of Newport Beach 2006b); however, the proposed project site and surrounding land uses do not include an oil well extracting oil from the Newport Oil Field. Furthermore, construction of the proposed project would not affect the Newport Oil Field due to the existing oil's presence well below the ground surface. Therefore, the proposed project would not result in the loss of availability of a known mineral resource. No impacts would occur. (b) The proposed project site and surrounding land uses are not delineated for mineral resource recovery. The proposed project site consists of portions of the existing Newport Boulevard and 32nd Street roadways, a vacant bank and parking lot, and portions of commercial and public use properties. Land uses surrounding the proposed project consist predominantly of commercial and retail businesses. Therefore, the proposed project would not result in the loss of availability of a designated locally important mineral resource recovery site. No impacts would occur. Chambers Group, Inc. 20514 51 16 -65 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California 5.12 NOISE The impact evaluation presented in Section 5.12 is based on the noise impact analysis prepared by Vista Environmental, which is included as Appendix H of this IS /MND. 5.12.1 Environmental Setting Noise and Groundbourne Vibration Fundamentals Noise Noise is defined as unwanted sound. Sound becomes unwanted when it interferes with normal activities, when it causes actual physical harm, or when it has adverse effects on health. The vibration of sound pressure waves in the air produces sound. Sound pressure levels are used to measure the intensity of sound and are described in terms of decibels. The decibel (dB) is a logarithmic unit that expresses the ratio of the sound pressure level being measured to a standard reference level. A- weighted decibels (dBA) approximate the subjective response of the human ear to a broad frequency noise source by discriminating against very low and very high frequencies of the audible spectrum. They are adjusted to reflect only those frequencies that are audible to the human ear. Noise Equivalent sound levels are not measured directly but are calculated from sound pressure levels typically measured in dBA. The equivalent sound level (Leq) represents a steady state sound level containing the same total energy as a time varying signal over a given sample period. The peak traffic hour Leq is the noise metric used by the Caltrans for all traffic noise impact analyses. Chambers Group, Inc. 52 20514 16 -66 Less than Potentially Significant Less Than 12. Significant With Significant Would the prof ct result in: Impact Impact Mitigation Impact Incorporated (a) Exposure of persons to or generation of noise levels in excess of standards established in the local El ® E] El general plan or noise ordinance, or applicable standards of other agencies? (b) Exposure of persons to or generation of excessive El 11 ® El vibration or groundborne noise levels? (c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing ❑ ® ❑ ❑ without the project? (d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above ❑ ❑ ® ❑ levels existing without the project? (e) For a project located within an airport land use plan or, where such a plan had not been adopted, within 2 miles of a public airport or public use airport , ❑ El ❑ would the project expose people residing or working in the project area to excessive noise levels? (f) For a project within the vicinity of a private airstrip, would the project expose people residing or ❑ E) ❑ working in the project area to excessive noise levels? The impact evaluation presented in Section 5.12 is based on the noise impact analysis prepared by Vista Environmental, which is included as Appendix H of this IS /MND. 5.12.1 Environmental Setting Noise and Groundbourne Vibration Fundamentals Noise Noise is defined as unwanted sound. Sound becomes unwanted when it interferes with normal activities, when it causes actual physical harm, or when it has adverse effects on health. The vibration of sound pressure waves in the air produces sound. Sound pressure levels are used to measure the intensity of sound and are described in terms of decibels. The decibel (dB) is a logarithmic unit that expresses the ratio of the sound pressure level being measured to a standard reference level. A- weighted decibels (dBA) approximate the subjective response of the human ear to a broad frequency noise source by discriminating against very low and very high frequencies of the audible spectrum. They are adjusted to reflect only those frequencies that are audible to the human ear. Noise Equivalent sound levels are not measured directly but are calculated from sound pressure levels typically measured in dBA. The equivalent sound level (Leq) represents a steady state sound level containing the same total energy as a time varying signal over a given sample period. The peak traffic hour Leq is the noise metric used by the Caltrans for all traffic noise impact analyses. Chambers Group, Inc. 52 20514 16 -66 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California The Day -Night Average Level (Ldn) is the weighted average of the intensity of a sound, with corrections for time of day, and averaged over 24 hours. The time of day corrections require the addition of 10 decibels to sound levels at night between 10:00 p.m. and 7:00 a.m. The Community Noise Equivalent Level (CNEL) is similar to the Ldn except that it has adds another 4.77 dB to sound levels during the evening hours between 7:00 p.m. and 10:00 p.m. These additions are made to the sound levels at these time periods because during the evening and nighttime hours, when compared to daytime hours, ambient noise levels decrease, creating an increased sensitivity to sounds in the receptors. For this reason the sound seems louder in the evening and nighttime hours and is weighted accordingly. The City of Newport Beach relies on the CNEL noise standard to assess transportation - related impacts on noise sensitive land uses. Another noise descriptor that is used primarily for the assessment of aircraft noise impacts is the Sound Exposure Level, which is also called the Single Event Level (SEL). The SEL descriptor represents the acoustic energy of a single event (i.e., an aircraft overflight) normalized to one - second event duration. This is useful for comparing the acoustical energy of different events involving different durations of the noise sources. The SEL is based on an integration of the noise during the period when the noise first rises within 10 dBA of its maximum value and last falls below 10 dBA of its maximum value. The SEL is often greater than 10 dBA or more than the Maximum noise level (LMAX) since the SEL logarithmetically adds the Leq for each second of the duration of the noise. Vibration Groundborne vibrations consist of rapidly fluctuating motions within the ground that have an average motion of zero. The effects of groundborne vibrations typically only cause a nuisance to people, but at extreme vibration levels damage to buildings may occur. Although groundborne vibration can be felt outdoors, it is typically only an annoyance to people indoors although the associated effects of the shaking of a building can be notable. Groundborne noise is an effect of groundborne vibration and exists only indoors, since it is produced from noise radiated from the motion of the walls and floors of a room and may also consist of the rattling of windows or dishes on shelves. Sseveral different methods are used to quantify vibration amplitude such as the maximum instantaneous peak in the vibrations velocity, which is known as the peak particle velocity (PPV) or the root mean square (rms) amplitude of the vibration velocity. Due to the typically small amplitudes of vibrations, vibration velocity is often expressed in decibels and is denoted as (LJ and is based on the rms velocity amplitude. A commonly used abbreviation is "VdB," when Lv is based on the reference quantity of 1 micro inch per second. Typically, developed areas are continuously affected by vibration velocities of 50 VdB or lower. These continuous vibrations are not noticeable to humans, whose threshold of perception is around 65 VdB. Offsite sources that may produce perceptible vibrations are usually caused by construction equipment, steel - wheeled trains, and traffic on rough roads, while smooth roads rarely produce perceptible groundborne noise or vibration. Additional details regarding the fundamentals of noise and vibration can be found in Appendix H. Chambers Group, Inc. 20514 53 16 -67 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California Regulatory Setting State Regulations Noise California Department of Health Services Office of Noise Control Established in 1973, the California Department of Health Services Office of Noise Control (ONC) was instrumental in developing regularity tools to control and abate noise for use by local agencies. One significant model is the "Land Use Compatibility for Community Noise Environments Matrix," which allows the local jurisdiction to clearly delineate compatibility of sensitive uses with various incremental levels of noise and which is shown below in Figure 3. California Administrative Code Title 24, Chapter 1, Article 4 of the California Administrative Code (California Noise Insulation Standards) requires noise insulation in new hotels, motels, apartment houses, and dwellings (other than single - family detached housing) that provides an annual average noise level of no more than 45 dBA CNEL. When such structures are located within a 60 -dBA CNEL (or greater) noise contour, an acoustical analysis is required to ensure that interior levels do not exceed the 45 -dBA CNEL annual threshold. In addition, Title 21, Chapter 6, Article 1 of the California Administrative Code requires that all habitable rooms, hospitals, convalescent homes, and places of worship shall have an interior CNEL of 45 dB or less due to aircraft noise. Vibration Title 14 of the California Administrative Code Section 15000 requires that all state and local agencies implement CEQA Guidelines, which requires the analysis of exposure of persons to excessive groundborne vibration; however, no statute has been adopted by the state that quantifies the level at which excessive groundborne vibration occurs. Caltrans issued the Transportation- and Construction - Induced Vibration Guidance Manual in 2004. The manual provides practical guidance to Caltrans engineers, planners, and consultants who must address vibration issues associated with the construction, operation, and maintenance of Caltrans projects. This manual is also used as a reference point by many lead agencies and CEQA practitioners throughout California, as it provides numeric thresholds for vibration impacts. Thresholds are established for continuous (construction - related) and transient (transportation - related) sources of vibration, which found that the human response becomes distinctly perceptible at 0.25- inch -per- second PPV for transient sources and 0.04- inch -per- second PPV for continuous sources. Chambers Group, Inc. 54 20514 ..: Table o s Use Noise Compallibilify Mairix Larid'Use Cara offer Co>irmurVl Noise E uivatent Levei' CNEL uses Residential Single Family, Two Family, Multiple Family I A A B :C C D D Residential Mixed Use A A A C C C D Residential Mobile Home A A, I B G G D D Commercial Hotel, Motel, Transient Lodging A A B B C C D Regional, _District Commercial e Regional, Village Commercial Retail, Bank, Restaurant, Movie Theatre A A A A B B C Districl, Special Commercial Industrial Office Budding, Research and Development, I A A A B 1' B i� C D. Institutional Professional Offices, City Office Building !_ I _ Commercial V tional Recreational Amphitheatre, Concert Hall Auditorium, Meeting Hall B B C C D D D Institutio nal Civic Center Commercial Children's Amusement Park, Miniature Golf Course, A A A B? B D D Recreation lGo-earl Track, Equestrian Center, Sports pub I _ Commercial c _ General, Special Automobile Service Station, Auto Dealership, _[ A A A s A B B B Manufacturing. Warehousing, Wholesale, Utilities Industrial, Institutional Institutional Hospital, Church,llGxary, Schools' c�assrdom A A B C C D D Open Space jparks A A A B ry C D D _ Oper1'Space Golf Course, Cemeteries, Nature Centers Wildlife Reserves, Wildife Habitat A A A Ay B C C' ` Agriculture ,Agriculture A A A I A A I A A SOURCE: Newport Beach, 2000 Zone A Clearly Compatible - Specified land'use,is satisfactory, based uponthe assumption thatany buildings involved are of normal conventional construction wtihout any 'special noise insulation requirements: Zone B. Normally Compalible"—Flew construction or development should.he undertaken only after detailed andos of the noise reduction requirements and are made and needed noise insulation features in the design are.detemdned Convenfiaial:construction. Wth closed virindows and fresh air supply systems or airconditioning, will normally suffice. Zone C: Normally lncompatibl"ewcondruction or development chould generally be discouraged. If new construction ordevelopmerd does proceed, a detailed analysis of noise' reduction requirements must be made and needed noise insulation features included in the design. Zone D; Clearly lnwrnpalible�—New construction or development should generally not be undertaken. S011RCe'Citykb& =Beach tier- PIan.24L8. Figure 3 Newport Ave /32nd Street IS /MND Land Use Compatibility Matrix Name: 20514 Fig 3 Land DseMatri Mxd �,uA1a Date Saved: Author: 11/22/2013, msimx. mons 16 -69 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California Local Regulations The City of Newport Beach The Noise Element of the City of Newport Beach General Plan establishes acceptable noise levels within the proposed project area. Relevant goals and policies from the noise element are presented below. Goal N1 Noise Compatibility — Minimize land use conflicts between various noise sources and other human activities. Policy N1.8 Significant Noise Impacts Require the employment of noise mitigation measures for existing sensitive uses when a significant noise impact is identified. A significant noise impact occurs when an increase in the ambient CNEL is produced by new development impacting existing sensitive uses. The CNEL increase is shown in Table 9 below Table 9: City of Newport Beach Significant Noise Impacts 55 3 60 2 65 1 70 1 Over 75 Any increase is considered significant Source: City of Newport Beach. Goal N2 Minimize motor vehicle traffic and boat noise impacts on sensitive noise receptors. Policy 2.6 Barrier Construction Funding Establish a program to secure funding for the construction of noise barriers to protect private outdoor yard areas along arterial roadways where existing homes are exposed to noise levels above the City noise standards and develop a priority program for the construction of such barriers. A potential source of such funding may be a fee for new projects which generate new traffic within the City as well as road improvement funds where road improvements are made. The amount of these fees should be proportional to the amount of the new traffic that is caused by the new project. It should be recognized that noise barriers will not always be feasible mitigation to roadway noise. Noise barriers are most feasible for single - family homes where the rear yards are adjacent to the roadway. The feasibility of other situations should be evaluated on a case -by -case basis. Goal NS Minimize excessive construction - related noise. Chambers Group, Inc. 20514 56 16 -70 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California Policy N5.1 Limiting Hours of Activity Enforce the limits on hours of construction activity. City of Newport Beach Municipal Code The City of Newport Beach Municipal Code establishes the following applicable standards related to noise. Section 10.28.040 Construction Activity— Noise Regulations. A. Weekdays and Saturdays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any weekday except between the hours of seven a.m. and six - thirty p.m., nor on any Saturday except between the hours of eight a.m. and six p.m. B. Sundays and Holidays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any Sunday or any federal holiday. C. No landowner, construction company owner, contractor, subcontractor, or employer shall permit or allow any person or persons working under their direction and control to operate any tool, equipment or machine in violation of the provisions of this section. D. Exceptions. 1. The provisions of this section shall not apply to emergency construction work performed by a private party when authorized by the Building Director or designee. 2. The maintenance, repair or improvement of any public work or facility by public employees, by any person or persons acting pursuant to a public works contract, or by any person or persons performing such work or pursuant to the direction of, or on behalf of, any public agency; provided, however, this exception shall not apply to the City of Newport Beach, or its employees, contractors or agents, unless: Chambers Group, Inc. 20514 a.The City Manager or department director determines that the maintenance, repair or improvement is immediately necessary to maintain public services; b.The maintenance, repair or improvement is of nature that cannot feasibly be conducted during normal business hours; c. The City Council has approved project specifications, contract provisions, or an environmental document that specifically authorizes construction during hours of the day which would otherwise be prohibited pursuant to this section. 57 16 -71 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California Existing Noise Conditions Noise measurements were taken in the vicinity of the proposed project site to determine the existing noise level environment. The field survey noted that noise within the proposed project area is generally characterized by vehicular traffic on the nearby roadways as well as from activities at the nearby commercial uses. Three noise monitoring locations were selected in order to obtain noise measurements of the current noise levels in the proposed project area and to provide a baseline for any potential noise impacts that may be created by development of the proposed project. The noise measurement sites were selected to provide a representative sampling of the noise levels created by nearby noise sources as well as experienced by nearby sensitive receptors. Descriptions of the noise monitoring sites are provided below in Table 10, and Figure 4 shows the noise monitoring site locations. Appendix H includes a photo index of the proposed project area and noise level measurement locations. The results of the noise level measurements are presented in Table 10. The measured sound pressure levels in dBA have been used to calculate the minimum and maximum Leq averaged over 1 -hour intervals. Table 10 also shows the Leq, Lora„ and CNEL, based on the entire measurement time. Noise monitoring data printouts are included in Appendix H. Table 10: Existing (Ambient) Noise Level Measurements Source: Noise measurements taken with three Extech Model 407780 Type 2 integrating sound level meters between Thursday November 7, 2013, and Friday November 8, 2013. Table 10 shows that all noise measurements currently exceed the City of Newport Beach's normally acceptable residential and hotel noise standard of 60 dBA CNEL. Chambers Group, Inc. 20514 58 16 -72 Located on a tree across the alley from the home at 522 '/: Clubhouse Avenue, approximately 75 feet 56.0 69.8 A south of Short Street centerline and 66.4 96.3 3:15 a.m. 2 :49 p.m. 71.3 90 feet west of Newport Boulevard centerline. Located on a power pole near the proposed public parking lot, approximately 15 feet southwest of 48.8 72.4 B 63.6 94.2 67.6 Marcus Avenue centerline and 60 3:16 a.m. 1:22 p.m. feet northwest of 32nd Street centerline. Located on a tree in front of the former City Hall approximately 140 55.2 71.4 C feet east of Newport Boulevard 66.6 97.6 3:28 a.m. 1:16 p.m. 71.0 centerline. Source: Noise measurements taken with three Extech Model 407780 Type 2 integrating sound level meters between Thursday November 7, 2013, and Friday November 8, 2013. Table 10 shows that all noise measurements currently exceed the City of Newport Beach's normally acceptable residential and hotel noise standard of 60 dBA CNEL. Chambers Group, Inc. 20514 58 16 -72 �A n r �■ - -` •_ + ' � ' fin:. '• fj I � 1 Y. ` I' 'fir I, u.. �� .- • `t y �/► � may\,!,/- t ; I � owl G - i _ w {� LEGEND aA Noise Measurement Location LRGE, r00.f. tam. Figure 4 Newport Ave /32nd Street IS /MND Noise Measurement Locations Name'. 20514 Fig 4 N.,seMemtLO.t,.ns Mxtl Date Saved: 11122/2013, Author: maimmona'sn+ a-.• 1 Fi -7.4 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California 5.12.2 Impact Analysis (a) Construction Noise Impacts associated with project construction were calculated with the Federal Highway Administration's (FHWA) Roadway Construction Noise Model (RCNM), which is based on compiled noise measurement data regarding the noise - generating characteristics of several different types of construction equipment. Table 11 below provides a list of the construction equipment anticipated to be used for each phase of construction. Table 11: Construction Equipment Noise Emissions and Usage Factors Demolition Number of Acoustical Use Spec 721.560 Lmax at Actual Measured 3 Lmax Equipment Description bulldozer 2 40 85 82 Grading excavator 1 40 85 Equipment grader Factorl (percent) 50 feet2 (dBA, slow3) at 50 feet4 (dBA, slow3) 85 Demolition concrete /industrial saw 1 20 90 90 excavator 3 40 85 81 bulldozer 2 40 85 82 Grading excavator 1 40 85 81 grader 1 40 85 N/A bulldozer 1 40 85 82 tractor, loader orbackhoes 3 40 84 N/A Paving paver 2 50 85 77 paving equipment 2 50 85 77 roller 2 20 85 80 Notes: ' Acoustical use factor is the percentage of time each piece of equipment is operational during a typical workday. 1 Spec 721.560 is the equipment noise level utilized by the RCNM program. 3 The "slow" response averages sound levels over 1- second increments. A "fast" response averages sound levels over 0.125 - second increments. ° Actual Measured is the average noise level measured of each piece of equipment during the Central Artery/Tunnel project in Boston, Massachusetts, primarily during the 1990s. s For the tractor /loader /backhoe, the tractor noise level was utilized, since it is the loudest of the three types of equipment. Source: Federal Highway Administration 2006 and Vista Environmental 2013. Construction noise impacts to the nearby sensitive receptors have been calculated according to the equipment noise levels and usage factors listed in Table 11 and through use of the RCNM. For each phase of construction, the nearest piece of equipment was placed at the shortest distance of the proposed activity to the nearest home; and each subsequent piece of equipment was placed an additional 50 feet away. Construction of the proposed project would include demolition of an existing structure and roadway areas; partial regrading of roads; and paving of roads, parking lots, and sidewalks. The Chambers Group, Inc. 20514 I 16 -74 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California nearest sensitive receptor to the proposed improvements is a home located adjacent to the proposed public parking lot on Marcus Avenue. Section 10.28.040 of the City's Municipal Code exempts from the City's noise standards construction activities that occur between 7:00 a.m. and 6:30 p.m. on weekdays and between 8:00 a.m. and 6:00 p.m. on Saturdays, and no construction is allowed on Sundays and holidays. Section 10.28.040 provides an exception for public work projects, provided the City Manager or department director determines that the construction activity cannot be feasibly conducted during normal business hours. Through adherence to the limitation of allowable construction times provided in Section 10.28.040, the construction noise levels would not exceed any standards; and impacts would be less than significant. Operations - Related Noise The proposed project would result in additional vehicular lanes and off - street parking spaces, which may result in an increase in operational noise in excess of City standards for nearby residential uses. Policy N1.8 of the General Plan details the noise increases allowed from a project before a significant impact would occur, which consists of a 3 -dBA increase where the ambient noise is 55 dBA CNEL or less, a 2 -dBA CNEL increase where the ambient noise is between 55 and 60 dBA CNEL, a 1 -dBA CNEL increase where the ambient noise is between 60 and 70 dBA CNEL, and any increase where the ambient noise exceeds 75 dBA CNEL. In order to quantify operational noise impacts at the nearby homes, the noise levels were calculated through use of the SoundPlan noise prediction model. The Sound Plan model analyzed the exterior noise levels at representative homes in the vicinity of the proposed project. The results are provided below in Table 12. The Sound Plan model printouts are provided in Appendix H. Figure 5 shows the existing noise contours, and Figure 6 shows the existing with project noise contours. Table 12: Proposed Project Noise Impacts at Nearby Homes Prior to Mitigation :isting (dBA With Project Increase City 1 On Clubhouse Drive north of Short Street 68.6 69.4 0.8 +1 dBA 2 On Clubhouse Drive south of Short Street 68.3 68.8 0.5 +1 dBA 3 On Clubhouse Drive south of parking lot 65.1 65.3 0.2 +1 dBA 4 On Clubhouse Drive north of Finley Ave 66.0 66.5 0.5 +1 dBA 5 On Clubhouse Drive south of Finley Ave 60.9 61.5 0.6 +1 dBA 6 On Alley west of Las Fajitas 53.4 53.8 0.4 +3 dBA 7 On Marcus Ave north of parking lot 61.3 63.9 2.6 +1 dBA 8 On 32nd Street and Marcus Avenue 65.1 65.8 0.7 +1 dBA 9 On 30th Street 59.9 60.2 0.3 +2 dBA 10 On 31't Street 63.9 63.9 0.0 +1 dBA Source: Sound Plan Version 7.2. Chambers Group, Inc. 20514 61 16 -75 Noise level dBA CNEL V = <=45 Signs and symbols Line Area Road axis Emission line Surface Wall inside tunnels Parking lot = Main building --I Base line Point receiver Figure 5 Newport Ave /32nd Street IS /MND Existing Noise Contours Name'. 20514 Fl0 5 E.StN.odG.ntOu,,MXd Date Saved: 1112212013, Author: msimmons 45 < <= 50 50 < <= 55 55 < <= 60 60 < <= 65 65 < <= 70 �I 70 < 75 < <= 75 Signs and symbols Line Area Road axis Emission line Surface Wall inside tunnels Parking lot = Main building --I Base line Point receiver Figure 5 Newport Ave /32nd Street IS /MND Existing Noise Contours Name'. 20514 Fl0 5 E.StN.odG.ntOu,,MXd Date Saved: 1112212013, Author: msimmons T110 Noise level dBA CNEL Signs and symbols f( <= 45 45 < <= 50 50 < <= 55 55 < <= 60 60 < <= 65 65 < < <= 70 70 < <= 75 75 < Parking lot Signs and symbols f( Line fJ I� Area Road axis Emission line Surface Wall inside tunnels Parking lot Main building Base line Point receiver Figure 6 Newport Ave /32nd Street IS /MND Existing with Project Noise Contours Name: 20514 Fig 6 ExstwithPmjm,INmaeC toum.Mxd 'tl� �H�rweeu Date Saved: 11/22/2013, Author. msimmons �•' uwx 16 -77 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California Table 12 shows that the noise level contributions from the proposed project would range from 0.0 to 2.6 dBA. Table 12 also shows that the project noise contribution to Receiver 7 would exceed the noise contribution standard of plus one dBA detailed in Policy N1.8 of the General Plan. This would be considered a significant impact. Mitigation measure N01 -1 would require the project applicant to raise the existing wall along the shared property line of the proposed public parking lot and the home at 3206 Marcus Avenue to a minimum of 6 feet high. The proposed project's noise impacts have been recalculated, based on the 6- foot -high sound wall, and the results are shown below in Table 13. Table 13: Mitigated Proposed Project Noise Impacts at Nearby Homes Receiver Location of Home Existing (dBA With Project Increase City 1 On Clubhouse Drive north of Short Street 68.6 69.4 0.8 +1 dBA 2 On Clubhouse Drive south of Short Street 68.3 68.8 0.5 +1 dBA 3 On Clubhouse Drive south of parking lot 65.1 65.3 0.2 +1 dBA 4 On Clubhouse Drive north of Finley Ave 66.0 66.5 0.5 +1 dBA 5 On Clubhouse Drive south of Finley Ave 60.9 61.5 0.6 +1 dBA 6 On Alley west of Las Fajitas 53.4 53.8 0.4 +3 dBA 7 On Marcus Ave north of parking lot 61.3 61.4 0.1 +1 dBA 8 On 32nd Street and Marcus Avenue 65.1 65.7 0.6 +1 dBA 9 On 30`h Street 59.9 60.2 0.3 +2 dBA 10 On 31" Street 63.9 63.8 0.0 +1 dBA Source: FHWA RD -77 -108 Model. Table 13 shows that implementation of NOI -1 would reduce the project contribution to Receiver 7 to a less than significant level. N01 -1: The project applicant shall either raise the existing wall along the shared property line of the proposed public parking lot and the home at 3206 Marcus Avenue to a minimum of 6 feet high or construct a new 6 -foot high wall immediately south of the existing wall and located entirely on City property. The sound wall shall be constructed prior to the start of any demolition or construction activities. (b) Construction Vibration Construction activities can produce vibration that may be felt by adjacent uses. Construction activities associated with the proposed project would include demolition of an existing structure and roadway areas; partial regrading of roads; and paving of roads, parking lots, and sidewalks. The primary source of vibration during construction would be from the operation of a bulldozer, which may operate as near as 15 feet to existing homes. Table 14 provides approximate vibration levels which have been used to calculate construction - related vibration impacts for particular construction activities. Chambers Group, Inc. 20514 M 16 -78 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California Table 14: Vibration Source Levels for Construction Equipment Equi me Peak Particle Velocity (Inche Approximate Vibration Level (Lv)at 25 feet pile driver (impact) Upper range typical 1.518 0.644 112 104 pile driver (sonic) Upper range typical 0.734 0.170 105 93 clam shovel drop (slurry wall) 0.202 94 vibratory roller 0.210 94 hoe ram 0.089 87 large bulldozer 0.089 87 caisson drill 0.089 87 loaded trucks 0.076 86 jackhammer 0.035 79 small bulldozer 0.003 58 Source: Federal Transit Administration, May 2006. Based on the approximate vibration levels presented in Table 14 above, a large bulldozer would create a vibration level of 0.089- inch -per- second PPV at 25 feet. Based on typical propagation rates, the vibration level at 15 feet, which is the distance to the nearest home, would be 0.16 - inch -per- second PPV. Consequently, the vibration level at the nearest home receptor is below the 0.25- inch -per- second PPV threshold of perception for transient sources presented in Section 5.12.1 above. Therefore, construction of the proposed project would not expose people to excessive groundborne vibration; and impacts would be less than significant. Operation - Related Vibration Operation of the proposed project would not introduce any new sources of vibration, and impacts would be less than significant. (c) Operation of the proposed project may result in a potential substantial permanent increase in ambient noise levels for the area surrounding the proposed project site. Potential noise impacts associated with the operations of the proposed project would be from the widening and realignment of Newport Boulevard and 32"' Street and the addition of off - street public parking. Policy N1.8 of the General Plan details the noise increases allowed from a project before a significant impact would occur, which consists of a 3 -dBA increase where the ambient noise is 55 dBA CNEL or less, a 2 -dBA CNEL increase where the ambient noise is between 55 and 60 dBA CNEL, a 1 -dBA CNEL increase where the ambient noise is between 60 and 70 dBA CNEL, and any increase where the ambient noise exceeds 75 dBA CNEL. The proposed project's operational noise impacts to the nearby homes has been analyzed above in Section 5.12.2(a), which found that the noise level contributions from the proposed project Chambers Group, Inc. 20514 65 16 -79 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California would range from 0.0 to 2.6 dBA. The analysis in Section 5.12.2(a) also found that the project noise contribution to Receiver 7 would exceed the noise contribution standard of plus one dBA detailed in Policy N1.8 of the General Plan. This would be considered a significant impact. Implementation of mitigation measure NOI -1 would require the applicant to raise the existing wall along the shared property line of the proposed public parking lot and the home at 3206 Marcus Avenue to a minimum of 6 feet high. The analysis presented in Section 5.12.2(a) found that implementation of mitigation measure NOI -1 would reduce the proposed project's noise contribution to Receiver 7 to a level less than significant. (d) The proposed project would not create a substantial temporary or periodic increase in ambient noise levels in the proposed project area above existing noise levels. Construction activities associated with the proposed project would include demolition of an existing structure and roadway areas; partial regrading of roads; and paving of roads, parking lots, and sidewalks. The nearest sensitive receptor to the proposed improvements is a home located adjacent to the proposed public parking lot on Marcus Avenue. Section 10.28.040 of the City's Municipal Code exempts from the City's noise standards construction activities that occur between 7:00 a.m. and 6:30 p.m. on weekdays and between 8:00 a.m. and 6:00 p.m. on Saturdays, and no construction is allowed on Sundays and holidays. Section 10.28.040 provides an exception for public work projects, provided the City Manager or department director determines that the construction activity cannot be feasibly conducted during normal business hours. The City construction noise standards, however, do not provide any limits to the noise levels that may be created during construction activities at the nearby sensitive receptors; and even with adherence to the City standards, the resultant construction noise levels may result in a significant substantial temporary noise increase at the nearby sensitive receptors. In order to determine if the proposed construction activities would create a significant substantial temporary noise increase, the Occupational Safety and Health Administration (OSHA) agency limits for noise exposure have been utilized. The use of a significance threshold using an OSHA standard is considered conservative. The OSHA standard limits noise exposure of workers to 90 dB or less over 8 continuous hours, and this standard has been utilized to analyze the construction noise impacts to the sensitive receptors located at the nearby offsite residences. Construction noise impacts to the nearby sensitive receptors were calculated using the FHWA RCNM and are presented below in Table 15. RCNM printouts are provided in Appendix H. Table 15: Construction Noise Levels at Nearby Receptors Construction Phase I Distance to Nearest Home (feet) I Construction Noise Level (dBA Leq) r Source: RCNM, Federal Highway Administration 2006 Chambers Group, Inc. 20514 W • :I Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California Table 15 shows that greatest noise impacts would occur during the grading and paving phases of construction, with noise levels as high as 89 dBA Leq at the nearest home. Table 15 shows that the noise levels from each phase of construction activities would be within the 90 -dB threshold detailed above. Therefore, construction of the proposed project would not result in substantial temporary or periodic increase in ambient noise levels in the proposed project vicinity above levels existing without the project; and impacts would be less than significant. (e) The proposed project is not located within an airport land use plan or within 2 miles of a public airport or public use airport. No impact would occur. (f) No private airstrips are located within the City of Newport Beach. No impact would occur. Chambers Group, Inc. 20514 67 16 -81 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California 5.13 POPULATION AND HOUSING 5.13.1 Impact Analysis (a) The proposed project is limited to roadway and intersection improvements, and construction of a public parking lot. The proposed project would not construct new housing or new roads that could induce future growth. No impact would occur. (b) As described in Section 5.10.1(a), full property acquisitions associated with current project design would be limited to the vacant Wachovia Bank building located at the northwest corner of the Newport Boulevard and 32nd Street intersection and the adjacent property currently configured as a parking lot. The proposed project would not displace any housing. No impact would occur. (c) As described in Section 5.10.1(a), full property acquisitions associated with current project design would be limited to the vacant Wachovia Bank building located at the northwest corner of the Newport Boulevard and 32nd Street intersection and the adjacent property currently configured as a parking lot. The proposed project would not displace substantial numbers of people, necessitating the construction of replacement housing elsewhere. No impact would occur. Chambers Group, Inc. 20514 M. 16 -82 Less than Potentially Significant Less Than 13. POPULATION AND HOUSING. Significant With Significant No Would the project: Impact Impact Mitigation Impact Incorporated (a) Induce substantial population growth in an area, either directly (for example, by proposing new El El E] homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? (b) Displace substantial numbers of existing housing, necessitating the construction of replacement ❑ ❑ ❑ housing elsewhere? (c) Displace substantial numbers of people, necessitating the construction of replacement ❑ ❑ ❑ housing elsewhere? 5.13.1 Impact Analysis (a) The proposed project is limited to roadway and intersection improvements, and construction of a public parking lot. The proposed project would not construct new housing or new roads that could induce future growth. No impact would occur. (b) As described in Section 5.10.1(a), full property acquisitions associated with current project design would be limited to the vacant Wachovia Bank building located at the northwest corner of the Newport Boulevard and 32nd Street intersection and the adjacent property currently configured as a parking lot. The proposed project would not displace any housing. No impact would occur. (c) As described in Section 5.10.1(a), full property acquisitions associated with current project design would be limited to the vacant Wachovia Bank building located at the northwest corner of the Newport Boulevard and 32nd Street intersection and the adjacent property currently configured as a parking lot. The proposed project would not displace substantial numbers of people, necessitating the construction of replacement housing elsewhere. No impact would occur. Chambers Group, Inc. 20514 M. 16 -82 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California 5.14 PUBLIC SERVICES 5.14.1 Impact Analysis (a) Fire protection services are provided by the Newport Beach Fire Department (NBFD), which operates Fire Station #2 — Lido Beach, located approximately 300 feet east of the proposed project site at 475 32nd Street. Implementation of the proposed project would not physically impact Fire Station #2 — Lido Beach. Furthermore, the proposed project would not introduce new structures requiring fire protection services. Project construction would require temporary lane closures on both Newport Boulevard and 32nd Street; however, a traffic control plan would be implemented during construction to minimize disruptions due to lane closures and maintain emergency access for fire protection services. The traffic control plan would include provisions to maintain adequate access for Fire Station #2 — Lido Beach to 32nd Street for the entire duration of project construction. Once constructed, the increased vehicular capacity and reduced traffic congestion on Newport Boulevard could potentially reduce response times for fire and emergency service responders traveling from Station #2 — Lido Beach. Therefore, impacts would be less than significant. (b) The Newport Beach Police Department (NBPD) provides police protection services for the City of Newport Beach. The NBPD station is located approximately 3 miles east of the proposed project site in the central portion of the City of Newport Beach at 870 Santa Barbara Drive. Implementation of the proposed project would not physically impact the NBPD station. Furthermore, the proposed project would not introduce new structures requiring police protection services. Project construction would require temporary lane closures on both Newport Boulevard and 32nd Street; however, a traffic control plan would be implemented during construction to minimize disruptions due to lane closures and maintain emergency access for police protection services. Once constructed, the increased vehicular capacity and reduced traffic congestion on Newport Boulevard could potentially reduce response times for police responders traveling on these roadways. Therefore, impacts would be less than significant. Chambers Group, Inc. 20514 W 16 -83 PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of Less than or need for new or physically altered Potentially Significant Less Than 14. governmental facilities, the construction of which Significant With Significant No could cause significant environmental impacts, in Impact Mitigation Impact Impact order to maintain acceptable service ratios, Incorporated response times or other performance objectives for any of the public services:: (a) Fire Protection? ❑ ❑ ® ❑ (b) Police Protection? ❑ ❑ ® ❑ (c) Schools? ❑ ❑ ❑ (d) Parks? ❑ ❑ ® ❑ (e) Other public facilities? ❑ ❑ ❑ 5.14.1 Impact Analysis (a) Fire protection services are provided by the Newport Beach Fire Department (NBFD), which operates Fire Station #2 — Lido Beach, located approximately 300 feet east of the proposed project site at 475 32nd Street. Implementation of the proposed project would not physically impact Fire Station #2 — Lido Beach. Furthermore, the proposed project would not introduce new structures requiring fire protection services. Project construction would require temporary lane closures on both Newport Boulevard and 32nd Street; however, a traffic control plan would be implemented during construction to minimize disruptions due to lane closures and maintain emergency access for fire protection services. The traffic control plan would include provisions to maintain adequate access for Fire Station #2 — Lido Beach to 32nd Street for the entire duration of project construction. Once constructed, the increased vehicular capacity and reduced traffic congestion on Newport Boulevard could potentially reduce response times for fire and emergency service responders traveling from Station #2 — Lido Beach. Therefore, impacts would be less than significant. (b) The Newport Beach Police Department (NBPD) provides police protection services for the City of Newport Beach. The NBPD station is located approximately 3 miles east of the proposed project site in the central portion of the City of Newport Beach at 870 Santa Barbara Drive. Implementation of the proposed project would not physically impact the NBPD station. Furthermore, the proposed project would not introduce new structures requiring police protection services. Project construction would require temporary lane closures on both Newport Boulevard and 32nd Street; however, a traffic control plan would be implemented during construction to minimize disruptions due to lane closures and maintain emergency access for police protection services. Once constructed, the increased vehicular capacity and reduced traffic congestion on Newport Boulevard could potentially reduce response times for police responders traveling on these roadways. Therefore, impacts would be less than significant. Chambers Group, Inc. 20514 W 16 -83 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California (c) The Newport -Mesa Unified School District provides educational services for the City of Newport Beach. Ensign Middle School is located approximately 0.80 mile northeast of the proposed project site, while Newport Elementary School is located approximately 0.85 mile southeast of the proposed project site. Implementation of the proposed project would not physically impact either Newport Elementary School or Ensign Middle School. Furthermore, the proposed project would not introduce new housing that would increase demand for school services within Newport Beach. No impact would occur. (d) The proposed project is located adjacent to Gateway Park, which consists of two separate parcels of open space offering passive recreational opportunities. One parcel is located at the southwest corner of Newport Boulevard and Short Street; the other parcel is located at the northeast corner of Newport Boulevard and Via Lido. No recreational amenities exist on either Gateway Park parcel. Current project design would require dedication of approximately 0.03 acre of the Gateway Park parcel located at the southwest corner of Newport Boulevard and Short Street; however, this partial dedication would not negatively impact Gateway Park since no recreational amenities exist that could be affected, and the parcel would continue to offer opportunities for passive recreation. Furthermore, the proposed project would not introduce new residential uses that would increase demand for recreational facilities within Newport Beach. Therefore, impacts would be less than significant. (e) The proposed project would not introduce new residential or commercial uses that would increase demand for other public services. No impact would occur. Chambers Group, Inc. 20514 70 �� Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California 5.15 RECREATION 5.15.1 Impact Analysis (a) As described in Section 5.14.1(d) above, the proposed project is located adjacent to Gateway Park. Additionally, Lido Park, 38th Street Park, and Newport Island Park are all located within 0.25 mile of the proposed project. Lido Park is a passive recreation park located at the southeast corner of the intersection of Via Lido and Lafayette Avenue that offers views of West Lido Channel and Newport Bay. 38th Street Park is bounded by 38th Street, Balboa Boulevard, Park Lane, and 36th Street and includes a basketball court, picnic tables, and children's playground equipment. Newport Island Park is located at the intersection of Marcus Avenue and 39th Street and includes a basketball court, picnic tables, children's playground equipment, and barbeque facilities and offers views of Rivo Alto. The proposed project is also located adjacent to Rivo Alto, which includes numerous boat slips adjacent to residences on the land side of the small channel. Additional boat slips adjacent to residences are located on West Lido Channel and throughout Newport Bay further from the proposed project site. The proposed project is limited to roadway and intersection improvements, and construction of a public parking lot. The proposed project would not introduce new residential development that would increase use of existing recreational facilities. The proposed project has been designed to reduce existing and future traffic congestion from growth that has already occurred, is planned, or is projected to occur. Additional physical deterioration at Gateway Park, Lido Park, 38th Street Park, Newport Island Park, or within Newport Bay would be the result of future population growth within the City of Newport Beach that would occur independently of the proposed project. No impact would occur. (b) The proposed project would introduce 6- foot -wide bike lanes along both sides of Newport Boulevard between 32nd Street and Via Lido to provide a connection to the existing bike lanes along 32nd Street west of Newport Boulevard. Potential environmental impacts associated with introduction of these bike lanes has been included in the analysis presented in this IS /MND. Furthermore, the proposed project would not introduce new residential uses that would necessitate the construction or expansion of recreational facilities. Therefore, impacts would be less than significant. Chambers Group, Inc. 20514 71 16 -85 Less than Potentially Significant Less Than 15 RECREATION. Significant With Significant No Would the project: Impact Impact Mitigation Impact Incorporated (a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical ❑ ❑ ❑ deterioration of the facility would occur or be accelerated? (b) Does the project include recreational facilities or require the construction or expansion of ❑ El ® El facilities which might have an adverse physical effect on the environment? 5.15.1 Impact Analysis (a) As described in Section 5.14.1(d) above, the proposed project is located adjacent to Gateway Park. Additionally, Lido Park, 38th Street Park, and Newport Island Park are all located within 0.25 mile of the proposed project. Lido Park is a passive recreation park located at the southeast corner of the intersection of Via Lido and Lafayette Avenue that offers views of West Lido Channel and Newport Bay. 38th Street Park is bounded by 38th Street, Balboa Boulevard, Park Lane, and 36th Street and includes a basketball court, picnic tables, and children's playground equipment. Newport Island Park is located at the intersection of Marcus Avenue and 39th Street and includes a basketball court, picnic tables, children's playground equipment, and barbeque facilities and offers views of Rivo Alto. The proposed project is also located adjacent to Rivo Alto, which includes numerous boat slips adjacent to residences on the land side of the small channel. Additional boat slips adjacent to residences are located on West Lido Channel and throughout Newport Bay further from the proposed project site. The proposed project is limited to roadway and intersection improvements, and construction of a public parking lot. The proposed project would not introduce new residential development that would increase use of existing recreational facilities. The proposed project has been designed to reduce existing and future traffic congestion from growth that has already occurred, is planned, or is projected to occur. Additional physical deterioration at Gateway Park, Lido Park, 38th Street Park, Newport Island Park, or within Newport Bay would be the result of future population growth within the City of Newport Beach that would occur independently of the proposed project. No impact would occur. (b) The proposed project would introduce 6- foot -wide bike lanes along both sides of Newport Boulevard between 32nd Street and Via Lido to provide a connection to the existing bike lanes along 32nd Street west of Newport Boulevard. Potential environmental impacts associated with introduction of these bike lanes has been included in the analysis presented in this IS /MND. Furthermore, the proposed project would not introduce new residential uses that would necessitate the construction or expansion of recreational facilities. Therefore, impacts would be less than significant. Chambers Group, Inc. 20514 71 16 -85 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California 5.16 TRANSPORTATION AND TRAFFIC 5.16.1 Impact AnalVsIs (a) and (b) As described in Section 5.10.1 (a), implementation of the proposed project would eliminate 26 existing curbside public parking spaces on Newport Boulevard due to the roadway widening and introduction of bike lanes. However, the proposed project would construct a new public parking lot with a minimum of 26 parking spaces at the northwest corner of the Newport Boulevard and 32nd Street intersection to replace curbside public parking spaces eliminated on Newport Boulevard. Policy CE 2.1.1 of the Circulation Element of the City of Newport Beach General Plan has established LOS D as the goal for all traffic operations. The circulation element has established LOS E for acceptable operations at several locations in the City of Newport Beach, including intersections near John Wayne Airport, Coast Highway through Mariners' Mile, and Corona Del Mar. The proposed project is not located within any of these locations, and LOS D serves as the established standard. Chambers Group, Inc. 20514 72 .:. Less than TRANSPORTATION /TRAFFIC. Potentially Significant Less Than No 16. Significant With Significant Would the project: Impact Impact Mitigation Impact Incorporated (a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and nonmotorized travel and relevant ❑ ❑ ® ❑ components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? (b) Conflict with an applicable congestion management program, including, but not limited to, level of service standards and travel demand measures or ❑ ❑ ® ❑ other standards established by the county congestion management agency for designated roads or highways? (c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in ❑ ❑ ❑ location that results in substantial safety risks? (d) Substantially increase hazards due to a design feature (e. g., sharp curves or dangerous E] El El intersections) or incompatible uses (e.g., farm equipment)? (e) Result in inadequate emergency access? ❑ ❑ ® ❑ (f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or ❑ ❑ ® ❑ safety of such facilities supporting alternative transportation (e.g., bus turnouts, bicycle racks)? 5.16.1 Impact AnalVsIs (a) and (b) As described in Section 5.10.1 (a), implementation of the proposed project would eliminate 26 existing curbside public parking spaces on Newport Boulevard due to the roadway widening and introduction of bike lanes. However, the proposed project would construct a new public parking lot with a minimum of 26 parking spaces at the northwest corner of the Newport Boulevard and 32nd Street intersection to replace curbside public parking spaces eliminated on Newport Boulevard. Policy CE 2.1.1 of the Circulation Element of the City of Newport Beach General Plan has established LOS D as the goal for all traffic operations. The circulation element has established LOS E for acceptable operations at several locations in the City of Newport Beach, including intersections near John Wayne Airport, Coast Highway through Mariners' Mile, and Corona Del Mar. The proposed project is not located within any of these locations, and LOS D serves as the established standard. Chambers Group, Inc. 20514 72 .:. Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California Project construction would require temporary lane closures on both Newport Boulevard and 32nd Street; however, a traffic control plan would be implemented during construction to minimize disruptions due to lane closures and maintain circulation. Upon completion, the proposed project would improve traffic level of service on Newport Boulevard by increasing vehicular capacity and reducing existing traffic congestion. As shown in Table 16 below, the segment of Newport Boulevard between Via Lido and 32nd Street currently operates at LOS F, while the segment between 32nd Street and 30`h Street currently operates at LOS D. Implementation of the proposed project would improve segment operations between Via Lido and 32nd Street to LOS D and operations between 32nd Street and 30`h Street to LOS B (Table 16). Additionally, the proposed project would improve the volume to capacity (V /C) ratio between Via Lido and 32 "d Street from 1.055 to 0.879 and improve the V/C ratio between 32nd Street and 30`h Street from 0.853 to 0.682. Therefore, implementation of the proposed project would improve traffic operations on Newport Boulevard to be consistent with the established LOS standards identified in the Circulation Element of the City of Newport Beach General Plan, and impacts would be less than significant. Table 16: Traffic Operations on Newport Boulevard Roadway Segment Existing V/C LOS wM V/C Ratio with Newport Boulevard between Via Lido and 32 "d F 1.055 D 0.879 Newport Boulevard between 32 n1 Street and W" L Street D 0.853 B 0.682 (c) The proposed project is limited to roadway and intersection improvements, and construction of a public parking lot. The proposed project would not construct any new structures that could disrupt air traffic patterns. Furthermore, the proposed project would not construct housing that could increase travel demand. Therefore, implementation of the proposed project would not result in a change in air traffic patterns. No impact would occur. (d) The existing roadway configuration within the proposed project site does not possess any identified safety deficiencies. The proposed project would widen the existing Newport Boulevard roadway and would not introduce any new curves that could introduce a safety hazard. Furthermore, the proposed project has been designed to be consistent with existing safety standards and would not create unsafe conditions that could increase the risk of car accidents. Therefore, the proposed project would not increase hazards due to a design feature. No impact would occur. (e) Newport Boulevard is identified as a tsunami evacuation route in the City of Newport Beach Emergency Management Plan (City of Newport Beach 2004). Project construction would require temporary lane closures on both Newport Boulevard and 32nd Street; however, a traffic control plan would be implemented during construction to minimize disruptions due to lane closures and maintain access for emergency response and evacuation. Once constructed, the increased vehicular capacity and reduced traffic congestion on Newport Boulevard could potentially Chambers Group, Inc. 20514 73 16 -87 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California improve access for emergency response and evacuation. Therefore, impacts would be less than significant. (f) The proposed project would improve access to alternative transportation within Newport Beach by introducing 6- foot -wide bike lanes along both sides of Newport Boulevard between 32 "d Street and Via Lido, implementing Circulation Element Policy CE 5.1.6. These new bike lanes would provide a connection to existing bike lanes along 32nd Street west of Newport Boulevard. Construction of the proposed project may require relocation of the existing bus stops on the segment of Newport Boulevard within the proposed project site; however, these would be relocated within the proposed project site in close proximity to the existing bus stops if it is determined that an alternative location would be necessary. Furthermore, bus stops would be preserved on both sides of Newport Boulevard within the proposed project site. Therefore, the proposed project would be consistent with the goals of the Newport Beach General Plan Circulation Element pertaining to alternative transportation, and impacts would be less than significant. Chambers Group, Inc. 20514 74 6 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California 5.17 UTILITIES AND SERVICE SYSTEMS 5.17.1 Impact Analysis (a) and (b) The proposed project is limited to roadway and intersection improvements, and construction of a public parking lot. The proposed project would not construct new housing, commercial businesses, offices, or other structures that would require water services or generate wastewater requiring treatment. No impact would occur. (c) Current project design would reduce the amount of impervious surfaces within the proposed project site from 4.03 acres to 3.81 acres. This reduction of impervious surfaces would increase the amount of stormwater percolating into the ground and reduce the amount of stormwater sheet flow traveling to stormwater catch basins. Therefore, the proposed project would not require or result in the construction of new stormwater drainage facilities or expansion of existing facilities. No impacts would occur. (d) The proposed project is limited to roadway and intersection improvements, and construction of a public parking lot. The proposed project would not construct new housing, commercial Chambers Group, Inc. 20514 75 .:• Less than UTILITIES SYSTEMS. Potentially Significant Less Than No 17 Would d the project: Significant With Significant Impact Impact Mitigation Impact Incorporated (a) Exceed wastewater treatment requirements of the E] ❑ ❑ applicable Regional Water Quality Control Board? (b) Require or result in the construction of new water or wastewater treatment facilities (including sewer (waste water) collection facilities) or expansion of ❑ ❑ ❑ existing facilities, the construction of which could cause significant environmental effects? (c) Require or result in the construction of new stormwater drainage facilities or expansion of ❑ El El existing facilities, the construction of which could cause significant environmental effects? (d) Have sufficient water supplies available to serve the project (including large -scale developments as defined by Public Resources Code Section 21151.9 and described in Question No. 20 of the ❑ ❑ ® ❑ Environmental Information Form) from existing entitlements and resources, or are new or expanded entitlements needed? (e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the ❑ ❑ ❑ project's projected demand in addition to the provider's existing commitments? (f) Be served by a landfill with insufficient permitted capacity to accommodate the project's solid waste ❑ ❑ ® ❑ disposal needs? (g) Comply with federal, State, and local statutes and ❑ ❑ ® E] regulations related to solid wastes? 5.17.1 Impact Analysis (a) and (b) The proposed project is limited to roadway and intersection improvements, and construction of a public parking lot. The proposed project would not construct new housing, commercial businesses, offices, or other structures that would require water services or generate wastewater requiring treatment. No impact would occur. (c) Current project design would reduce the amount of impervious surfaces within the proposed project site from 4.03 acres to 3.81 acres. This reduction of impervious surfaces would increase the amount of stormwater percolating into the ground and reduce the amount of stormwater sheet flow traveling to stormwater catch basins. Therefore, the proposed project would not require or result in the construction of new stormwater drainage facilities or expansion of existing facilities. No impacts would occur. (d) The proposed project is limited to roadway and intersection improvements, and construction of a public parking lot. The proposed project would not construct new housing, commercial Chambers Group, Inc. 20514 75 .:• Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California businesses, offices, or other structures that would require water services. Project landscaping is intended to be consistent with the approved plant palette presented in the Lido Village Design Guidelines, which consists of "California friendly' plant species the City selected based partially on their durability and low water use requirements. Therefore, water required for irrigation of project landscaping would result in a negligible impact to existing water supplies, and impacts would be less than significant. (e) The proposed project is limited to roadway and intersection improvements, and construction of a public parking lot. The proposed project would not construct new housing, commercial businesses, offices, or other structures that would generate wastewater requiring treatment. No impact would occur. (f) The proposed project is limited to roadway and intersection improvements, and construction of a public parking lot. The proposed project would not construct new housing, commercial businesses, offices, or other structures that would generate solid waste. Existing roadway materials removed during construction would be recycled when feasible; materials that could not be recycled would be disposed of at Frank R. Bowerman Sanitary Landfill, located at 11002 Bee Canyon Access Road in Irvine, which currently serves the City of Newport Beach. Therefore, impacts would be less than significant. (g) Disposal of existing roadway materials removed during construction would be required to comply with all federal, State, and local statutes and regulations related to solid waste. Compliance with these existing regulations would reduce impacts to a level less than significant. Chambers Group, Inc. 20514 76 16 -90 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California 5.18 MANDATORY FINDINGS OF SIGNIFICANCE 5.18.1 Impact Analysis (a) As described in Section 5.4, the proposed project site consists of a paved roadway intersection within a fully urbanized section of the City of Newport Beach and does not possess any riparian habitat, sensitive natural communities, wetlands, or habitat that supports species identified as a candidate, sensitive, or special status species. Potential natural habitat is limited to the aquatic environment within the Rivo Alto channel adjacent to the western segment of 32nd Street. Construction of the proposed project would implement BMPs to prevent erosion from entering the waters of the Rivo Alto channel adjacent to the proposed project that could impact aquatic species. As described in Section 5.5, the vacant Wachovia Bank building, located at the northwest corner of the Newport Boulevard and 32 "d Street intersection, does not qualify as an historic resource. Therefore, impacts would be less than significant. (b) The proposed project is located adjacent to the former City Hall campus, which has been proposed for redevelopment as the Lido House Hotel. The Lido House Hotel project would consist of a 130 -room luxury hotel and a landscaped public plaza along Newport Boulevard. The Lido House Hotel project Draft EIR released for public review on April 29th, 2014, determined that all impacts associated with the Lido House Hotel project would be mitigated to a level less than significant (Newport Beach 2014a). Similarly, all impacts associated with the proposed project would be reduced to a level of less than significant through implementation of mitigation measures described throughout this IS /MND. Furthermore, widening of Newport Boulevard and improving the intersection at 32nd Street is needed to reduce traffic congestion independent of the proposed Lido House Hotel project, and would improve segment operations between Via Lido and 32nd Street to LOS D and operations between 32nd Street and 30`h Street to Chambers Group, Inc. 20514 77 16 -91 Lessthan Potentially Significant Less Than 18. MANDATORY FINDINGS OF SIGNIFICANCE. Significant With Significant No Impact Impact Mitigation Impact Incorporated (a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal ❑ ❑ ® ❑ community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? (b) Does the project have impacts that are individually limited, but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effects of a project are considerable ❑ ❑ ® ❑ when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects ?) (c) Does the project have environmental effects which will cause substantial adverse effects on human ❑ ® ❑ ❑ beings, either directly or indirectly? 5.18.1 Impact Analysis (a) As described in Section 5.4, the proposed project site consists of a paved roadway intersection within a fully urbanized section of the City of Newport Beach and does not possess any riparian habitat, sensitive natural communities, wetlands, or habitat that supports species identified as a candidate, sensitive, or special status species. Potential natural habitat is limited to the aquatic environment within the Rivo Alto channel adjacent to the western segment of 32nd Street. Construction of the proposed project would implement BMPs to prevent erosion from entering the waters of the Rivo Alto channel adjacent to the proposed project that could impact aquatic species. As described in Section 5.5, the vacant Wachovia Bank building, located at the northwest corner of the Newport Boulevard and 32 "d Street intersection, does not qualify as an historic resource. Therefore, impacts would be less than significant. (b) The proposed project is located adjacent to the former City Hall campus, which has been proposed for redevelopment as the Lido House Hotel. The Lido House Hotel project would consist of a 130 -room luxury hotel and a landscaped public plaza along Newport Boulevard. The Lido House Hotel project Draft EIR released for public review on April 29th, 2014, determined that all impacts associated with the Lido House Hotel project would be mitigated to a level less than significant (Newport Beach 2014a). Similarly, all impacts associated with the proposed project would be reduced to a level of less than significant through implementation of mitigation measures described throughout this IS /MND. Furthermore, widening of Newport Boulevard and improving the intersection at 32nd Street is needed to reduce traffic congestion independent of the proposed Lido House Hotel project, and would improve segment operations between Via Lido and 32nd Street to LOS D and operations between 32nd Street and 30`h Street to Chambers Group, Inc. 20514 77 16 -91 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California LOS B. Construction of the Lido House Hotel project is not anticipated to begin until construction of the proposed project is completed. The Lido Villas project proposes to construct a 23 townhouse - style, multi - family development on a 1.2 -acre site. The Lido Villas project is located on the northwestern corner of the intersection of Via Lido and Via Malaga, approximately 0.1 mile east of the proposed project. The IS /MND prepared for the Lido Villas project determined that all impacts would be mitigated to a level less than significant (Newport Beach 2013a). The City of Newport Beach adopted the Lido Villas project IS /MND on November 13`h 2013, and the project is currently under Coastal Commission review. If approved, construction of the Lido Villas project would not begin until summer 2016, after the completion of the proposed project. The Orange County Sanitation District Balboa Trunk Sewer Rehabilitation project, completed in May 2014, rehabilitated the existing Balboa trunk sewer along Newport Boulevard and Balboa Boulevard between A Street and Finley Avenue. The Balboa Trunk Sewer Rehabilitation project also included installation of a new protective lining of approximately 12,600 feet of the existing sewer pipeline (OCSD 2014). A portion of the Balboa Trunk Sewer Rehabilitation project was located within the boundaries of the proposed project. The Balboa Trunk Sewer Rehabilitation project was approved under a CEQA Categorical Exemption because it would repair an existing facility and it was determined that it would not result in any significant impacts on the environment (Newport Beach 2014b). The City of Newport Beach Water Transmission Main Replacement project would replace an aging city water transmission main on the northbound side of Newport Boulevard between Via Oporto and 19th Street. The Water Transmission Main Replacement project would also replace various cast iron mains between Finley Avenue and 32nd Street. A portion of the Water Transmission Main Replacement project would be located within the boundaries of the proposed project. Construction is scheduled to begin in October 2014, and be completed in summer 2015, prior to construction of the proposed project. The Water Transmission Main Replacement project was approved under a CEQA Categorical Exemption because it was determined that it would not result in any significant impacts on the environment (Newport Beach 2013b). Based on the results of the environmental analyses of the proposed project presented in this IS /MND and the findings of the CEQA documentation for the projects described above, implementation of the proposed project would not incrementally contribute to cumulative environmental impacts. Implementation of mitigation measures presented in this IS /MND would reduce all impacts associated with the proposed project to a level less than significant. Furthermore, none of the past, present, or future projects located adjacent to the proposed project would result in any significant environmental impacts, and construction of all projects would occur prior to, or after construction of the proposed project. Therefore, the proposed project would not result in any significant impacts that could contribute to cumulative impacts resulting from past, present, or future projects. (c) Implementation of the proposed project would not result in substantial adverse effects on human beings, either directly or indirectly. The proposed project would not have significant impacts on air quality and would not displace any homes or divide an established community. Implementation of mitigation measures described in Section 5.8 would reduce impacts Chambers Group, Inc. 20514 78 16 -92 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California associated with hazards and hazardous materials to a level less than significant. Implementation of mitigation measure NOI -1 described in Section 5.12 would reduce impacts associated with noise to a level less than significant. Therefore, the proposed project would not have environmental effects which will cause substantial adverse effects on human beings; and impacts would be less than significant. Chambers Group, Inc. 20514 79 16 -93 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California SECTION 6.0— SOURCE REFERENCES The following is a list of references used in the preparation of this document. Association of Environmental Professionals 2012 California Environmental Quality Act (CEQA), Statutes and Guidelines. AEP, Palm Desert, California. California Air Resources Board (CARB) 2008 Chambers Group, Inc. (Chambers Group) 2013 Cultural Resources CEQA Review for the Newport Boulevard and 32nd Street Modification Project — City of Newport Beach. November. City of Newport Beach 2004 City of Newport Beach Emergency Management Plan 2006a Newport Beach General Plan. July 25. 2006b Newport Beach General Plan EIR. July 25. 2011 Lido Village Design Guidelines 2013a Lido Villas Project IS /MND Notice of Determination. Available Online: http: / /www.newportbeachca.gov /pin /CEQA REVIEW /Lido %20Villas /NOD Filed Record ed 11- 13- 2013.pdf 2013b City Council Staff Report, November 26, 2013. Agenda Item 13. Available Online: http://ecms.newportbeachca.gov/Web/o/doc/549661/Pagel.asp x 2014a Draft Environmental Impact Report for the Lido House Hotel. April. Available Online: http://www.newportbeachca.gov/index.aspx?page=1347 2014b Zoning Administrator resolution No. ZA2014 -003. Available Online: http://ecms.newportbeachca.gov/Web/O/doc/566302/Pagel.aspx Ninyo & Moore 2013a Geotechnical Evaluation — Newport Boulevard and 32nd Street Modifications — Newport Beach, California. October 23. 2013b Initial Site Assessment — Newport Boulevard /32nd Street Modification Project Between Via Lido and 30th Street— Newport Beach, California. October 30. Office of Historic Preservation 1995 Instructions on Recording Historical Resources. California Office of Historic Preservation. Sacramento, CA. Chambers Group, Inc. 20514 E'Ll 16 -94 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California Orange County Sanitation District 2014 Newport Beach Program. Available Online: http://www.ocsd.com/home/showdocument?id=15297 South Coast Air Quality Management District (SCAQMD) 2010 Greenhouse Gas CEQA Significance Threshold Stakeholder Working Group Meeting # 15. September. United States National Park Service (National Park Service) 1983 Secretary of the Interior Professional Qualifications Standards. United States Department of the Interior, Washington, D.C. VA Consulting 2013a Water Quality Management Plan for the Newport Boulevard and 32nd Street Modification Project from 30`h Street to Via Lido. October. 2013b Hydrology Report for the Newport Boulevard and 32nd Street Modification Project. October. Vista Environmental 2013a CalEEMod Model Air Quality Output Files for the Newport Boulevard and 32nd Street Modification Project. November. 2013b CaIEEMod Model Greenhouse Gas Output Files for the Newport Boulevard and 32 "d Street Modification Project. November. Chambers Group, Inc. 20514 81 16 -95 Draft Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project City of Newport Beach, California SECTION 7.0 — REPORT AUTHORS AND CONSULTANTS CEQA Consultant: Chambers Group, Inc. Nick Larkin Project Manager Joel Levanetz Cultural Resources Michael Simmons GIS Analyst Greg Tonkovich, Vista Environmental Noise Studies Greg Tonkovich, Vista Environmental Air studies Chambers Group, Inc. 20514 82 16 -96 Exhibit "B" Newport Boulevard and 32ND Street Modification Project Mitigation Monitoring and Reporting Program for Mitigated Negative Declaration No. ND2014 -001 State Clearinghouse Number 2014091008 16 -97 NEWPORT BOULEVARD AND 32ND STREET MODIFICATION PROJECT MITIGATION MONITORING AND REPORTING PROGRAM MITIGATED NEGATIVE DECLARATION NO. ND2014 -001 (SCH #2014091008) Date: November 20, 2014 CEQA Action: Certification of Final Initial Study /Mitigated Negative Declaration Project Applicant: City of Newport Beach Proiect Location and Descriotion: The Newport Boulevard and 32nd Street Modification Project (proposed project) is located within a fully urbanized section of the City of Newport Beach and would improve a segment of Newport Boulevard that begins at the intersection with 30`h Street and terminates at the intersection with Via Lido. The proposed project will also include improvements on a segment of 32nd Street that begins at the alley east of Newport Boulevard and terminates at Marcus Avenue west of Newport Boulevard. Land uses surrounding the proposed project predominately consist of commercial and retail businesses located along Newport Boulevard and 32 "d Street. The proposed project is also adjacent to the former City Hall campus, which is located on the northeast corner of the intersection of Newport Boulevard and 32nd Street. The proposed project has been developed to improve the intersection of Newport Boulevard and 32nd Street in order to increase vehicular capacity and reduce existing traffic congestion to an acceptable level of service. The proposed project would add an additional northbound through lane along Newport Boulevard from 30th Street to 32nd Street and add an additional southbound through lane along Newport Boulevard from Via Lido to 32nd Street, terminating as a right -turn only lane at 32nd Street. The proposed project would remove the westbound free -right turn lane at Newport Boulevard. Bus stops currently exist on both sides of Newport Boulevard within the proposed project area. The northbound bus stop is located immediately south of Finley Avenue, while the southbound bus stop is located immediately south of Short Street. Both bus stops along Newport Boulevard would be relocated to a location near each existing bus stop. Proposed modifications to Newport Boulevard would also include introduction of a raised, landscaped median and 6- foot -wide bike lanes along both sides of the roadway. Introduction of the 6- foot -wide bike lanes and widening of the roadway would result in the loss of 26 curbside public parking spaces on Newport Boulevard. However, the proposed project would acquire the vacant Wachovia Bank building and adjacent parking lot located at the northwest corner of the Newport Boulevard and 32nd Street for conversion to a public parking lot. The existing structure and parking lot on both of these parcels would be demolished, and the two parcels would be converted to a public parking lot with a minimum of 26 parking spaces to provide replacement parking for the loss of on- street parking. The proposed project may also require a partial ROW acquisition of the commercial property north of the vacant Wachovia Bank building and partial land dedications from two City -owned parcels. Additional details of the project description can be found in Section 2.0 of the Final IS /MND. Mitigation Monitoring and Reporting Program The California Environmental Quality Act (CEQA) requires that all public agencies establish monitoring and /or reporting procedures for mitigation measures (MMs) adopted as conditions of approval in order to mitigate or avoid significant project impacts. Specifically, Section 21081.6(a)(1) states: . •: NEWPORT BOULEVARD AND 32ND STREET MODIFICATION PROJECT MITIGATION MONITORING AND REPORTING PROGRAM MITIGATED NEGATIVE DECLARATION NO. ND2014 -001 (SCH #2014091008) The public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation. CECA Guidelines Section 15097 provides clarification of mitigation monitoring and reporting requirements and guidance to local lead agencies on implementing strategies. The reporting or monitoring program must be designed to ensure compliance during project implementation. The City of Newport Beach is the lead agency for the Newport Boulevard and 32nd Street Modification Project and is therefore responsible for implementing the Mitigation Monitoring and Reporting Program (MMRP). The Mitigation Program in the MMRP is comprised of Mitigation Measures (MMs) that were developed to avoid, reduce, and /or fully mitigate potential environmental impacts. The MMRP contains the Mitigation Program that has been drafted to meet the requirements of Public Resources Code Section 21081.6 as fully enforceable monitoring programs. The MMRP defines the following for each mitigation measure: 1. Timeframe. In each case, a timeframe for performance of the mitigation measure (mitigation), or review of evidence that mitigation has taken place, is provided. The performance points selected are designed to ensure that impact - related components of Project implementation do not proceed without establishing that the mitigation is implemented or assured. 2. Responsible Party. In each case, unless where otherwise indicated, the Applicant is the Responsible Party for implementing the mitigation. The City will also monitor the performance and implementation of the mitigation measures. To guarantee that the mitigation measure will not be inadvertently overlooked, the supervising public official is the official who grants the permit or authorization called for in the performance. 3. Definition of Mitigation. In each case the mitigation measure contains the criteria for mitigation, either in the form of adherence to certain adopted regulations or identification of the steps to be taken in mitigation. The numbering system corresponds with the numbering system used in the Draft IS /MND. The second and third last column of the MMRP table will be used by the Compliance Monitor to document when implementation of the measure has been completed. The ongoing documentation and monitoring of mitigation compliance will be completed by the City of Newport Beach. The completed MMRP and supplemental documents will be kept on file at the City of Newport Beach Planning Department. 16 -99 NEWPORT BOULEVARD AND 32ND STREET MODIFICATION PROJECT MITIGATION MONITORING AND REPORTING PROGRAM MITIGATED NEGATIVE DECLARATION NO. ND2014- 001(SCH #2014091008) 16 -100 Project Design Features /Conditions of Approval/ Responsible for Completion Response Date Initials Timing Mitigation Measures Monitoring /Implementation Number Cultural Resources During construction activities. CUL -1: In the event that a cultural or paleontological resource is Public Works Director and /or exposed during ground- disturbing activities, construction activities Planning Director, or designated (e.g., grading, grubbing, or vegetation clearing) should be halted representatives immediately near the discovery. A cultural resource specialist and /or paleontological resource specialist who meet the Secretary Qualified Archaeologist or of the Interior's Professional Qualifications Standards (United Paleontologist 1 States National Park Service 1983) should then be retained to evaluate the find's significance under CEQA. If the discovery proves to be significant, additional work, such as data recovery excavation, may be warranted and should be discussed in consultation with the lead agency. During construction activities. CUL -2: The discovery of human remains is always a possibility Public Works Director and /or during ground disturbances; State of California Health and Safety Planning Director, or designated Code Section 7050.5 addresses these findings. This code section representatives states that no further disturbance shall occur until the Orange County Coroner has made a determination of origin and Qualified Archaeologist disposition pursuant to PRC Section 5097.98. The Coroner must be notified of the find immediately. If the human remains are 2 determined to be prehistoric, the Coroner will notify the NAHC, which will determine and notify a Most Likely Descendant (MILD). The MILD shall complete the inspection of the site within 48 hours of notification and may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American burials. Geology and Soils Identify in approved grading Public Works Director and /or and construction plans; GEO -1: Project construction should incorporate the Planning Director, or designated implement during grading and recommendations presented in the geotechnical investigation representatives. 3 construction prepared by Ninyo & Moore for the proposed project. Contractor 16 -100 NEWPORT BOULEVARD AND 32ND STREET MODIFICATION PROJECT MITIGATION MONITORING AND REPORTING PROGRAM MITIGATED NEGATIVE DECLARATION NO. ND2014- OO1(SCH#2014091008) Identify in approved grading GEO -2: Soil excavated from below groundwater levels would be Public Works Director and /or and construction plans; wet and would require drying in order to be suitable for Planning Director, or designated implement during grading and compaction. Similarly, trench excavations that extend below representatives. construction groundwater would require dewatering in order to construct the proposed improvements under a dry condition. Dewatering may Contractor (Specialty Dewatering include pumping groundwater from well points within or outside Contractor is Recommended). the shored excavation. Dewatering should be limited to no more than approximately 2 feet below the bottom of excavations. It is recommended that the dewatering system design should be performed by a specialty dewatering contractor. Disposal of groundwater should be performed in accordance with guidelines of the Regional Water Quality Control Board. Wet soils should be processed to near - optimum moisture content prior to their 4 placement as trench backfill. Fill material imported to the site (if any) should be granular, nonexpansive soil and free of trash, debris, roots, vegetation, or other deleterious materials. " Nonexpansive" soils can be defined as having a "very low" expansion potential in accordance with the California Building Code (CBC) (an expansion index ranging from 0 to 20). Fill should generally be free of rocks or hard lumps of material in excess of 4 inches in diameter. Rocks or hard lumps larger than approximately 4 inches in diameter should be broken into smaller pieces or should be removed from the site. Materials for use as imported structural fill should be evaluated by a qualified and experienced engineer prior to importing. Identify in approved grading GEO -3: Trenches or other excavations that extend below Public Works Director and /or and construction plans; groundwater and /or deeper than approximately 4 feet should be Planning Director, or designated implement during grading and shored. Shoring systems should be installed prior to excavating representatives. construction below groundwater to avoid caving and undermining of adjacent improvements. The contractor should retain a qualified and Contractor (with Qualified and S experienced engineer to design the shoring system consistent with Experienced Engineer the parameters presented in the geotechnical investigation Recommended). prepared by Ninyo & Moore. Identify in approved grading Public Works Director and /or and construction plans; GEO -4: A qualified and experienced engineer should observe and Planning Director, or designated implement during grading and test fill placement and compaction. The frequency of testing and representatives. construction the time of observation will vary depending on the contractor's 6 method of operation and quality of work, as well as the Contractor (with Qualified and requirements of the governing agency. Experienced Engineer Recommended). 16 -101 NEWPORT BOULEVARD AND 32ND STREET MODIFICATION PROJECT MITIGATION MONITORING AND REPORTING PROGRAM MITIGATED NEGATIVE DECLARATION NO. ND2014- OO1(SCH #2014091008) Hazards /Hazardous Materials Prior to approval of grading HAZ -1: Perform a subsurface investigation and human health risk Public Works Director and /or and construction plans assessment at the site to determine if hazardous materials are Planning Director, or designated present due to past land uses. The subsurface investigation and representatives human health risk assessment shall be performed by a hazardous materials specialist prior to construction. If the subsurface Hazardous Materials Specialist 7 investigation identifies hazardous materials that pose a significant risk to the environment or human health, the project site would need to be remediated consistent with appropriate regulatory standards. Prior to approval of grading Public Works Director and /or and construction plans Planning Director, or designated HAZ -2: Conduct ADL and traffic paint stripe surveys for the site. representatives 8 Hazardous Materials Specialist Prior to approval of grading Public Works Director and /or and construction plans HAZ -3: Survey for ACMs, LBP, and universal waste should be Planning Director, or designated conducted for the building at 3201 Newport Boulevard, prior to representatives 9 demolition. Hazardous Materials Specialist Noise Identify in approved grading N0I -1: The project applicant shall either raise the existing wall Public Works Director and /or and construction plans; along the shared property line of the proposed public parking lot Planning Director, or designated implement during grading and and the home at 3206 Marcus Avenue to a minimum of 6 feet high representatives. construction or construct a new 6 -foot high wall immediately south of the 10 existing wall and located entirely on City property. The sound wall Contractor shall be constructed prior to the start of any demolition or construction activities. 16 -102 Attachment No. 2 Roadway Conceptual Design 16 -103 "' LEGEND K5d uRo xXX S w. Go. M, TO-CS, ", 112I BAno uedwcrz EpSPxC dorce® 81l uxe ®A it �d 17 m,d, I .I eR L, 1 I �w� T.50 Ss I- Go 0 1. 0a ,oso so a s .. lol ---- d0P0SfD xry W3-50 M, Wa -40 MINIMUM HORIZONTAL CURVE RADII K5d uRo -Ix - M, TO-CS, ", 112I BAno M EpSPxC 5 -LANE MIMEO x6.900 L055 f PROP E0 S -LLE WORD %.No Oan 0 FX lkL11.11. N1 GOMM ...TI E ®.dx WTIL W11E5'i SU -30 e.00 TW wt. C� pia ORAPHIC SCALE 1. G� T �Q a. ROADWAY LEVEL OF SERVICE (LOS) NEWPORT BOULEVARD: 32ND STREET TO VIA LIDO cMwLICN CONHCURAiION DNLI ..PACT, ."LESMAn M, TO-CS, ", 112I BAno los EpSPxC 5 -LANE MIMEO x6.900 L055 f PROP E0 S -LLE WORD %.No Oan 0 Attachment No. 3 Comment Letters and Responses 16 -105 Erik M. Block 409 Clubhouse Avenue Newport Beach, CA 92663 9N /A A tS -4 123 July 10, 2014 Mr. Andy Tran, PE City of Newport Beach Public Works Department 3300 Newport Boulevard P.O. Box 1768 Newport Beach, California 92658 -8915 Dear Mr. Tran, I appreciate the opportunity to comment on the proposed modifications in and around Newport IC �1-1 e1 t Boulevard and 32nd Street. I am the owner of the residence located at 409 Clubhouse Avenue within the Finley tract. The existence of the building at 3201 Newport Blvd provides a substantial amount of protection to residences on Clubhouse Avenue, Marcus Avenue, and 36th Street from light and.noise pollution.that Comment emanates from vehicle and pedestrian traffic near the intersection of Newport Boulevard and 32 "d 1 -2 Street and particularly loud music from Rudy's Bar on weekend nights. The issue appears to be that the Peninsula is already impacted by a volume of visitors that exceeds its capacity to accommodate them. I would also suggest the City consider how the increased inbound flow of traffic on Newport Boulevard with the additional lane will be accommodated without any substantial increase in parking. In my opinion, expanding the inbound traffic will only serve to shorten the time it takes for the roadway to be impacted... since the ultimate problem is the lack of adequate parking for Comment this much traffic. So instead of 2 lanes of backed up traffic, we'll have 3 ... along with the attending noise 1-3 and emissions. Without substantially increasing the parking on the Peninsula, which appears to be capped out, I don't see how this will achieve the desired effect of improving traffic on the peninsula. Instead of 5,000 cars per hour (or whatever the volume is) trying to find parking, we'll have 8,000 cars per hour trying to find the same number of parking spaces. Currently the streets in the Finley tract are impacted on weekends and evenings by parking of guests — and workers for the neighboring strip center, bars and restaurants. Removing the 26 parking spaces Comment along the west side of Newport Blvd and replacing them with an equal number (no net gain) in a parking 4 lot at 32nd street will not likely relieve this problem, but exacerbate it. As the additional visitors continue to pile up on Newport Blvd, more will seek to find parking on the residential streets within the Finley tract. This will be even further exacerbated when construction begins on the Lido House Hotel and the de facto public parking on the old City Hall property is removed. Successful redevelopment of the Lido Comment Village may also add further pressure for visitors to use nearby residential streets for parking. Use of -5 residential streets for commercial /retail /restaurant parking will likely lead to much more foot traffic M-1 lfil back and forth to /from this area. Even now, we frequently have to put up with loud, obnoxious, cursing and often drunk bar patrons who walk our streets, without any regard to the residents during the comment evening hours ..even as late as tam. To a degree we accept some of this behavior as "youthful 1 -5 cont. exuberance ". However, I believe that the proposed improvements will have the unintended consequence of negatively impacting the residents of this neighborhood by substantially increasing the number of visitors seeking to park in the Finley tract ... and making a barely tolerable situation, intolerable. I am supportive of the redevelopment of the Lido Village and the old City Hall, as well as beautifying Newport Boulevard. I believe that these will all be successful projects ... so much so that it is Comment going to provide a desirable destination for numerous additional visitors that cannot be accommodated 1-6 without substantial negative consequences to nearby residents. I concur that expanding the outbound traffic will significantly improve traffic since, unlike the Peninsula, the destinations of vehicles leaving are virtually unlimited. omment IC s Proposed Mitigation Measures I propose the City consider these mitigation measures to address these concerns: Comment • Construct a solid decorative wall of significant height (12' -15') along the west boundary of the 1 -8 former Wachovia Bank building site. This wall should be sufficient to replace the light and noise protection that the existing building currently provides. Implement a Residential Parking Permit (RPP) program for the streets within the Finley Tract similar to that proposed for Balboa Village (http: / /www.newportbeachco.govI Modules IShowDocument.aspx ?documentid = 17385). This will Comment mitigate some of the parking problems created by local restaurant, bar, and retail t -q patrons /worker using the residential area to park. • While this is slightly off topic, I suggested to the Lido Village redevelopment group that they seek a lease option to utilize the parking lot on the east side of West Marine (which is Ico1- -io underutilized) to accommodate potential overflow traffic from Lido Village. Thank you for the opportunity to participate in the planning process for improving our City. I hope the Imoment City will receive this as constructive input for the betterment of our community. Sincerely,„ Erik Block Homeowner Fr-1FL J * RPp A NELSON NYGAARD MEMORANDUM To: Brenda Wisneski From: Nelson\Nygaard Consulting Associates Date: September 6, 2013 Subject: Balboa Village Residential Parking Permit Implementation — DRAFT RESIDENTIAL PARKING PERMIT OVERVIEW A residential permit program (RPP) operates by exempting permitted vehicles from the parking restrictions and time limits for non- metered, on- street parking spaces within a geographic area. A conventional RPP is one that allows those without a permit to park for a limited period during a specified time frame (e.g. 8 AM — 6 PM, Monday to Friday). Permit holders are exempt from these regulations and able to essentially store their vehicle on- street. Ownership of a permit, however, does not guarantee the availability of a parking space and for this reason, it is important not to sell too many permits far in excess of available curb spaces. The primary goal of an RPP programs is to manage parking "spillover" into residential neighborhoods. RPPs work best in neighborhoods that are impacted by high parking demand from other uses. By managing parking spillover, RPPs can ensure that residential neighborhoods are not overwhelmed by commuters, employees, or visitors, thereby enabling local residents to park their vehicles on- street more easily and conveniently. RPPs are especially important in older, historic neighborhoods where many residences were built with limited or no off - street parking. All of these conditions apply in Balboa Village. Popular tourist and recreational destinations cause non - resident spillover parking into adjacent residential districts. Many homes in these same areas have limited or no off- street parking. An RPP is a necessary parking management strategy that will significantly improve parking conditions in residential neighborhoods as it has done in other communities. A key consideration for Balboa Village, however, will be ongoing public access to the beach and coast, as is required by the California Coastal Commission. BALBOA VILLAGE RPP Goals and Principles In Newport Beach, the primary rationale for parking management is to make parking more convenient and accessible for residents, visitors, and employees. An RPP program complements these larger goals by accommodating residential parking demand, without compromising public access to the coastline or the access needs of other visitors and residents. The Balboa Village RPP Program should adhere to the following, key principles in order to successfully meet the goals articulated above. These principles include: 116 NEW MONTGOMERY STREET, SUITE 500 SAN FRANCISCO, CA 94105 415- 284 -1544 FAX 415- 284 -1554 www.nelsonnygocard.mm Comment 1 -9 Attachment 16 -108 Response to Comment Letter #1: Eric M. Block Comment 1 -1: Thank you for your comments on the proposed project. We have provided responses to your specific comments on the proposed project below. Comment 1 -2: The noise impact analysis prepared for the proposed project analyzed the noise impacts through use of the SounclPlan model. All nearby structures, including the existing Wachovia Bank building, were entered into the SounclPlan model and analyzed to determine existing noise conditions. The noise impact analysis then removed the existing Wachovia Bank building and generated a new noise model that included proposed project conditions. The SounclPlan model included all anticipated noise sources anticipated with the proposed project, including road noise as well as parking lot noise from the reconfigured parking lot. The residence at 409 Clubhouse Avenue is located on the west side of Clubhouse Avenue. There is a row of residences on the east side of Clubhouse Avenue and a commercial building on Newport Boulevard that provide noise shielding for this property from the roadway noise associated with Newport Boulevard. The noise impact analysis found that the noise impacts to the analyzed homes on Clubhouse Drive from the proposed project would range between 0.2 and 0.8 dB (see Table 13 of the Draft IS /MND), which is below the City's noise increase threshold of 1.0 dB and more importantly well below the threshold of perception of 3.0 dB, which is the minimum increase required before the average person recognizes a change in noise levels. Although, the residence at 409 Clubhouse Avenue was not specifically modeled in the SounclPlan model, the area surrounding this property was modeled. Existing noise conditions are shown in Figures 5 of the Draft IS /MND, while future noise conditions with the proposed project are shown on Figure 6. Figure 5 shows that the existing noise level at 409 Clubhouse Ave falls within a range of 50 to 55 dBA CNEL, and Figure 6 shows that future noise levels with project conditions would remain within a range of 50 to 55 dBA CNEL. The City of Newport Beach General Plan Policy N1.8 states that a project would have to increase the noise level by 3 dBA CNEL where the existing noise level is 55 dBA CNEL before it is considered a significant impact. Although, this property may experience a slight quantitative increase in noise levels from the proposed project, the noise modeling does not show that the proposed project would not increase the noise level above the City standard of 3 dB at this property. Therefore, no additional mitigation is required and no perceptible increase in noise level would occur at 409 Clubhouse Drive would occur due to the proposed project. Regarding noise associated with loud music from Rudy's bar, observations during site visits conducted by the noise consultant during the day and the evening determined that roadway noise is louder than noise from local bars and other commercial centers. Furthermore, the 24 hour noise measurements shown in Figure 5 of the Noise Impact Analysis (Appendix H of the Draft IS /MND) do not show any spikes in measured noise at the bars closing times, which is usually when the City receives the most noise complaints. In fact the 24 -hour graph shows that between 2:00 a.m. and 3:00 a.m. is the quietest time in the study area. Therefore, the noise modeling analysis described in the paragraph above addresses the greatest level of potential impact associated with the proposed project, and the residence at 409 Clubhouse Drive would not be impacted by noise from local bars and other commercial centers. 16 -109 As described in Section 5.1.1(d), the proposed project would not construct new structures that would introduce new sources of light or glare. Furthermore, the residence located 409 Clubhouse Drive is located approximately 0.5 mile from the former Wachovia Bank building site and would not be impacted by light sources currently shielded by the existing structure due to distance. Comment 1 -3: The proposed project is limited to roadway and intersection improvements, demolition of an existing commercial building, and construction of a public parking lot to off -set the street parking displaced by the added traffic lanes. The proposed project would not construct new housing or other structures that could generate additional vehicle trips. The proposed project has been designed to reduce existing and future traffic congestion from growth that has already occurred, is planned, or is projected to occur. As described in Section 5.16.1 (a) and (b) of the Draft IS /MND, the segment of Newport Boulevard between Via Lido and 32nd Street currently operates at LOS F, while the segment between 32nd Street and 30th Street currently operates at LOS D. Implementation of the proposed project would improve segment operations between Via Lido and 32nd Street to LOS D and operations between 32nd Street and 30th Street to LOS B. Additionally, the proposed project would improve the volume to capacity (V /C) ratio between Via Lido and 32nd Street from 1.055 to 0.879 and improve the V/C ratio between 32nd Street and 30th Street from 0.853 to 0.682. Therefore, implementation of the proposed project would improve future traffic operations on Newport Boulevard by increasing capacity to accommodate vehicle trips from growth that has already occurred, is planned, or is projected to occur. Similarly, the proposed project would not constrict parking availability in the surrounding area because it would not generate any new vehicle trips. As stated above, the proposed project has been designed to reduce existing and future traffic congestion from growth that has already occurred, is planned, or is projected to occur. Consequently, parking availability in the surrounding area would not be affected because the proposed project would not construct any residential, commercial or other structures that would generate additional vehicle trips requiring parking. Furthermore, construction of the proposed public parking lot would off -set all street parking displaced by the added traffic lanes. Additionally, operation of the proposed project would not result in noise increases that violate the City's noise standards. As shown in table 13 of Section 5.12.2(a), implementation of mitigation measure NOI -1 would ensure that noise increases associated with the proposed project would be less than 1 dBA, which would not exceed the City's noise standards. Similarly, as described in Section 5.3.2(a), long -term operation of the proposed project would not result in significant impacts based on the SCAQMD regional, local, and toxic air contaminant thresholds of significance. Comment 1 -4: As described above in response to comment 1 -3, the proposed project would not construct new housing or other structures that could generate additional vehicle trips. The proposed project has been designed to reduce existing and future traffic congestion from growth that has already occurred, is planned, or is projected to occur, and would not impact parking availability in the surrounding area as no net loss of parking would occur. Comment 1 -5: Impacts on parking associated with conversion of the former City Hall Campus to the Lido House Hotel were analyzed in that project's Environmental Impact Report (EIR) and are not within 16 -110 the scope of the proposed project. The proposed project would not construct new housing or other structures that could generate additional vehicle trips. The proposed project has been designed to reduce existing and future traffic congestion from growth that has already occurred, is planned, or is projected to occur. Therefore, the proposed project would not impact parking availability in the surrounding area or generate additional trips to local establishments that could increase noise associated with business patrons. Comment 1 -6: Thank you for expressing your support for redevelopment of the Lido Village and the former City Hall property. However, as described in response to comment 1 -3 above, the proposed project would not construct new housing or other structures that could generate additional vehicle trips. The proposed project has been designed to reduce existing and future traffic congestion from growth that has already occurred, is planned, or is projected to occur. Traffic projections presented in Section 5.16.1 (a) and (b) of the Draft IS /MND determined that implementation of the proposed project would improve local roadway segment and V/C ratio operations within the proposed project area. Comment 1 -7: Your comment is noted. Expansion of outbound operations associated with the proposed project would improve local roadway segment and V/C ratio operations within the proposed project area and better facilitate outbound traffic from the Balboa Peninsula. Comment 1 -8: As described in response to comments 1 -2 and 1 -3 above, implementation of the proposed project would not result in operational noise increases that would exceed the City's noise standards. Therefore, construction of a solid decorative wall 12 to 15 feet in height along the western boundary of the former Wachovia Bank building site is not necessary to mitigate noise impacts of the project. Comment 1 -9: As described in response to comment 1 -4 above, the proposed project has been designed to reduce existing and future traffic congestion from growth that has already occurred, is planned, or is projected to occur, and would not significantly impact parking availability in the surrounding area as no net loss of parking spaces would occur. Therefore, implementation of residential parking permit program for the streets within the Finley Tract due to the proposed project is not necessary. Comment 1 -10: The suggestion that the Lido Village redevelopment group seek a lease option to utilize the parking lot on the east site of West Marine is beyond the scope of the proposed project. Therefore, this comment does not address the adequacy of the Draft IS /MND and does not warrant further response. Comment 1 -11: Thank you for your comments on the proposed project. 16 -111 From: Donna Pursell [mailto:donna pursell(&yahoo.coml Sent: Sunday, July 27, 2014 12:57 PM To: Tran, Andy Subject: Modification Project Contract #4881 Hello Mr. Tran: We object to opening of the existing parking lot onto Marcus Avenue. Marcus is a one -way street and that will force all cars exiting to go to 33rd Street or beyond. Marcus and 33rd,and 34th are all narrow; so the extra traffic will be difficult for all property owners. Comment 2 -1 Otherwise, I like the plan. Buying the long empty bank and turning it into a parking lot is a great ideal But we do believe that a 32nd Street exit is better. comment z2 Donjac Properties #4 LLC, John "Jack' Pursell, Manager, 3212 Marcus Ave. Newport Beach, CA > 16 -112 Response to Comment Letter ##2: Donna Pursell Comment 2 -1: Thank you for providing your comments on the proposed project. Under current project design, Marcus Avenue from 32nd Street to the proposed parking lot will be reconfigured as a two -way street that will allow traffic exiting the proposed parking lot to turn both left and right onto 32nd Street. This reconfiguration of Marcus Avenue will encourage traffic exiting the proposed parking lot to head to 32 "d Street and traffic would not be forced to make a right turn while exiting the parking lot to potentially use 33d or 34`h Street. It is anticipated that the vast majority of users of the proposed parking lot will exist toward 32nd Street. Comment 2 -2: Thank you for expressing your support for the remainder of the proposed project design. As described in response to comment 2 -1 above, a portion of Marcus Avenue will be reconfigured as a two -way street that will allow traffic exiting the proposed parking lot to turn both left and right onto 32nd Street. 16 -113 Real Estate Investment Builders • Developers July 28, 2014 VIA EMAIL AND HAND DELIVERY Andy Tran, P.E., Senior Civil Engineer Public Works Department City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 atrangnewportbeachca. gov Re: Comments of Lido Partners on the Draft Initial Study/Mitigated Negative Declaration for the Newport Boulevard and 32nd Street Modification Project Dear Mr. Tran: I write on behalf of Lido Partners, the owner of Via Lido Plaza located on the east side of CO111e °r Newport Boulevard between Via Lido and Finley Avenue. Thank you for the opportunity to 3 "1 comment on the City of Newport Beach's ( "City ") draft Initial Study/Mitigated Negative Declaration ( "MND ") for the Newport Boulevard and 32nd Street Modification Project ( "Project "). Lido Partners generally supports the City's efforts to improve traffic and circulation in the Lido Village area, particularly where the Project aims to reduce the increased demands on City streets due to summer beach traffic. With that said, the draft MND does not include any traffic study to support its conclusions that all of the Project's impacts will be less than significant or mitigated C °mment to a level of less than significant. Our primary concern is ensuring that the City has considered 3 -2 all current and future traffic and circulation issues to confirm that no significant impacts will result from Project construction and implementation, particularly when the Project will influence traffic patterns around the proposed Lido House Hotel to be constructed on the former City Hall property south of Via Lido Plaza. In addition, there are several other issues that the MND should clarify or further analyze. Our concerns include but are not limited to the following: • There will be an increased volume of vehicle traffic stacked in the southbound comment Newport Boulevard left turn lane and entering eastbound Finley Avenue. The 3 -3 present configuration of southbound Newport Boulevard has a dedicated left turn lane at the Finley Avenue intersection that can accommodate about three cars. Although not mentioned in the Project Characteristics, MND Figure 2 suggests that the Project will 5950 Berkshire Lane • Suite 800 • Dallas, TX 75225 • 972.616.8777 • Fax 972.991.5184 3425 Via Lido • Suite 250 • Newport Beach, CA 92663 -3929 • 949.723.7100 • Fax 949.723.1141 212 West Kinzie Street • 5th Floor • Chicago, IL 60654 • 312.222.0085 • Fax 312.222.0552 4785 Caughlin Parkway • Reno, NV 89519 • 775.332.8251 • Fax 775.827.2185 www.fritzduda.com 16 -114 lengthen this left turn lane to accommodate about seven or eight cars. This dedicated left turn lane will feed traffic into Finley Avenue, which currently has only one inbound lane and two outbound lanes to service a significant amount of customer traffic between Via Lido Plaza and Newport Boulevard. Finley Avenue will also soon service traffic to the proposed Lido House Hotel being planned adjacent to Via Lido Plaza. We are concerned because the MND fails to discuss or analyze the potentially significant impacts of lengthening the dedicated southbound left turn lane on Newport Blvd. in light of present and future traffic conditions. A greater number of left - turning vehicles from southbound Newport Boulevard could overwhelm the existing single inbound lane on eastbound Finley Avenue and potentially clog the Newport/Finley intersection, particularly where a vehicle on eastbound Finley is waiting to clear two lanes of westbound (outbound) traffic to turn left into Via Lido Plaza. Traffic impacts could be particularly acute during hotel banquet events and concurrent theater performances at Via Lido Plaza. The MND should consider evaluating the traffic signal at Newport Blvd. and Finley Avenue and/or implementing additional mitigation measures to control the flow of traffic into eastbound Finley Avenue from Newport Blvd., such as widening Finley Avenue to include a second eastbound (inbound) lane, or lengthening Finley Avenue to accommodate traffic into both the Hotel Project and Via Lido Plaza. Eliminating the westbound free -right turn lane on 32nd Street at Newport Boulevard will increase traffic delays. The Project proposes to eliminate the free right turn lane on westbound 32nd Street that directs traffic onto northbound Newport Boulevard. The MND fails to provide any supporting traffic analysis or quantification regarding the volume of traffic presently making right -hand turns, delays associated with eliminating the free right, or the queuing that could result from traffic stacking up on westbound 32nd Street in the right -hand lane. Drivers frustrated with delays on westbound 32nd Street could seek to access Newport Boulevard from numerous other public right -of -way connection points, such as Via Lido, leading to further congestion on those streets. The MND also fails to quantify the delay that fire trucks will experience after exiting Fire Station No. 2, turning west on 32nd Street, and waiting to turn north on Newport Boulevard, potentially causing a public hazard. The MND should further analyze the extent of delays caused by the elimination of the free -right turn lane on 32nd Street. Increasing the number of lanes and adding a bike lane on northbound Newport Boulevard may impact existing road features. The Project proposes to "introduce 6- foot -wide bike lanes along both sides of Newport Boulevard between 32nd Street and Via Lido." MND at 8. To accommodate that effort, it is unclear whether the dedicated right turn lane on northbound Newport Boulevard to Via Lido will require modifications. For instance, there is no indication, of what changes (if any) will be made to the dedicated right turn lane and associated concrete island on northbound Newport Boulevard heading into Via Lido. The City should clarify what changes will be made to this intersection, and whether these changes will impact traffic patterns. Additionally, there are currently three metered parking stalls on the east side of Newport Boulevard adjacent to the dedicated right turn lane. The MND is unclear as to whether these stalls are being Comment 3 -3 cons. Comment 3 -4 Comment 3 -5 Comment' 3 -6 16 -115 removed, and if so, if they are among the 26 parking stalls referenced in the MND to be removed along Newport Boulevard in the Project area. The City must mitigate the risk of concurrent construction of the Project and the nearby Lido House Hotel. The Project is expected to be constructed over a six -month period, beginning September 2015 and ending March 2016. MND at 9. At the same time, the nearby Lido House Hotel is expected to undergo final design and construction starting early 2016 and through summer 2017. Lido House Hotel Draft EIR at 3 -18. While the Project MND states that "[c]onstruction of the Lido House Hotel project is not anticipated to begin until construction of the [Project] is complete," there is no assurance the this will be the case, and the MND contains no mitigation measure prohibiting the concurrent construction of both projects. See MND at 78. Concurrent construction could be devastating for area traffic and emergency access, considering that "[Project] construction would require temporary lane closures on both Newport Boulevard and 32nd Street," while the Lido House Hotel would bring into the area "922 total haul truck trips for soil import over a 21 day period (44 trips per day)." See MND at 49; Lido House Hotel Draft EIR at 5.5 -20. The Project and the Lido House Hotel both defer undefined traffic management measures to some future time, leaving the public at great risk of experiencing significant traffic impacts attributable to the concurrent construction of both projects. See MND at 49; Lido House Hotel Draft EIR at 5.5 -21. The MND should further evaluate the risk of concurrent construction and mitigate it if necessary. Miscellaneous issues requiring clarification. In addition to the issues identified above, we have noted several instances where the MND requires further clarification or correction. o Additional analysis of traffic signal modification is required. The MND states that the Project "would require traffic signal modifications at the intersections of 30th Street, 32nd Street, Finley Avenue and Via Lido." MND at 8. Please clarify and explain what these modifications will be and how they will impact area traffic and circulation, particularly in light of some of the potentially significant traffic impacts described above. o Bus stop locations require identification. At various places, the MND notes that "bus stops along Newport Boulevard would be relocated to a location near each existing bus stop." See, e.g., MND at 8. Please clarify where these locations would be placed, as idling busses could have traffic, noise, and other impacts around the Via Lido Plaza property as well as the proposed Lido House Hotel project. T 3 -6 3-6 cont. Comment 3 -7 Comment 3 -8 Comment 3 -9 o Scope of landscaping improvements on corner of Newport and Finley. MND Figure 2 indicates "proposed landscaping" on the northwest comer of the cm "meat Newport Boulevard/Finley Avenue intersection. Please clarify or explain whether 3 -10 or not this proposed landscaping is to be established on the Via Lido Plaza property, or where this landscaping will be placed. 16 -116 We appreciate your consideration of these comments and requests for clarification and ask that the City revise the MND and perform additional analyses to ensure that the Project does not result in any significant environmental impacts. If you have any questions about these comments or wish to discuss them further, please do not hesitate to contact me at (949) 723 -7100, ex. 207, or dhoward@fritzduda.com. Sincerely, 4VWVL Donald J. Howard Executive Vice President Comment 3 -11 16 -117 Response to Comment Letter #3: Lido Partners Comment 3 -1: Thank you for your comments on the proposed project. We have provided responses to your specific comments on the proposed project below. Comment 3 -2: The traffic impact analysis presented in the Draft IS /MND utilizes traffic projections generated by the Traffic Engineer of the City of Newport Beach. As described in Section 5.16.1 (a) and (b) of the Draft IS /MND, the segment of Newport Boulevard between Via Lido and 32nd Street currently operates at LOS F, while the segment between 32nd Street and 30th Street currently operates at LOS D. Implementation of the proposed project would improve segment operations between Via Lido and 32nd Street to LOS D and operations between 32nd Street and 30th Street to LOS B. Additionally, the proposed project would improve the volume to capacity (V /C) ratio between Via Lido and 32nd Street from 1.055 to 0.879 and improve the V/C ratio between 32nd Street and 30th Street from 0.853 to 0.682. Therefore, implementation of the proposed project would improve future traffic operations on Newport Boulevard by increasing capacity to accommodate vehicle trips from growth that has already occurred, is planned, or is projected to occur. Comment 3 -3: The existing turn pocket for southbound Newport Boulevard at Finley Avenue is 60 feet in length and can accommodate 3 vehicles based on design length of 20 feet per vehicle. The proposed left turn pocket at this location will be 140 feet long and can accommodate 7 vehicles based on the 20 feet per vehicle design length. Additionally, Finley Avenue east of Newport Boulevard currently has one inbound and two outbound lanes. The Lido House Hotel project site plan shows an additional inbound lane to provide access to the hotel driveway. In regards to the traffic signal, the City practice is to evaluate signal timing and operations based on existing conditions in the field. It would be conjecture to establish signal timing based on turn movement projections. The signal timing at this intersection will be evaluated when the Newport Boulevard project is completed, and would be evaluated again when the hotel development is completed as part of the ongoing responsibility of the Public Works Department. Comment 3 -4: Current project design includes a westbound right -turn lane for westbound 32 "' Street onto northbound Newport Boulevard that varies in width between 20 — 30 feet at the intersection. In traffic engineering analysis, this is considered a "de facto' lane. A de -facto right turn lane is a curb lane wide enough to separately serve both through and right turn traffic (typically with width of 19 feet or more from curb to outside of through lane with parking prohibited). The de facto lane will serve to address any potential for delay with the elimination of the free -right turn and help facilitate westbound traffic through the intersection. Comment 3 -5: The City has equipment at every traffic signal that can be activated by the Fire Department to change the signal operation to allow a fire truck to immediately cross an intersection. Consequently, emergency response from fire trucks leaving Fire Station #2 will not be delayed by the elimination of the free -right turn lane. Should the intersection not clear and if vehicles are stopped in the right turn position, as could be the case in the current intersection configuration, an emergency vehicle with lights and sirens will simply use any free lane including opposing traffic lanes to safely make the turn. This type of emergency vehicle driving technique is routinely used when necessary and does not significantly reduce response times. 16 -118 Comment 3 -6: The proposed project would not modify the dedicated right turn lane from northbound Newport Boulevard to Via Lido, except to provide for a new striped bike lane immediately adjacent to the northbound Newport Boulevard through lanes. Only striping work is proposed. No changes to the existing concrete island or curb -side parking are proposed. Comment 3 -7: As stated in Section 5.18.1(b) of the Draft IS /MND, construction of the Lido House Hotel project is not anticipated to begin until construction of the proposed project is completed. However, if the final construction phase of the proposed project were to overlap with the initial construction phase of the Lido House Hotel project, all potential conflicts would be minimized or avoided by the proposed project's traffic control plan , which will be review and approved by the Public Works Department, and the Lido House Hotel's construction management plan. Both projects will have to submit their plans to the City for review prior to implementation, and will need to demonstrate that they will successfully maintain adequate vehicular access based on anticipated conditions. The Lido House Hotel construction management plan includes, but is not limited to, measures for the maintenance of traffic control and identification of construction vehicle routes. If construction of the proposed project is not complete when construction of the Lido House Hotel begins, the contractor for the Lido House hotel could implement measures per the construction management plan to avoid Newport Boulevard and route construction vehicles onto 32nd Street to minimize disruptions to traffic circulation and maintain adequate vehicular access for abutting properties and the community in general. Implementation of these measures would avoid any potential concurrent construction conflicts from occurring in the unlikely event that construction of both projects overlapped. Comment 3 -8: Traffic signal modifications associated with the proposed project would be limited to physical installation of new equipment (poles, signal boxes, wiring, etc.) associated with widening of the roadway. Impacts related to the traffic signal modification /construction work would be short -term, as lane closures are associated with standing the poles and are typically of very limited duration. Comment 3 -9: The proposed bus stops are generally consistent with existing locations, and would only move approximately two feet north or south if there are any changes at all. Additionally, the proposed bus stops include turnouts that would allow a standing bus to be outside of traffic lanes and improve roadway operations and reduce potential vehicle conflicts for improved safety. Comment 3 -10: All project landscaping proposed at the northwest corner of the intersection of Newport Boulevard and Finley Avenue would occur within public right -of -way and not on the Via Lido Plaza property. Comment 3 -11: Thank you for your comments. The comments and responses do not constitute significant new information as to the severity of impacts identified or new impacts not previously considered. The comments and responses above do not require additional impact analysis or change any of the significance conclusions reached in the Draft IS /MND. Therefore, comments and responses do not warrant revisions to the Draft IS /MND and its recirculation for additional public comment is also not warranted. 16 -119 POrt Properties, 10C. 303 Broadway St., Suite 204 -1 Laguna Beach, California 92651 (949)280 -4336 Email: russellsingerOgmail.com September 23, 2014 Mr. Andy Tran CITY OF NEWPORT BEACH 100 Civic Center Dr. Newport Beach, CA 92660 Phone: (949)644 -3210 Email: ATran@newportbeachca.gov Re: Proposed Newport Blvd. Widening and Realignment Project Dear Andy: The purpose of this letter is to express our opposition to the proposed widening and realignment of Newport Boulevard that is scheduled for a public hearing in early October. Our company owns the property on the comer of Finley Ave. and Newport Blvd. — 3315 -3345 Newport Blvd.. The reasons for our opposition is that we feel there are substantial impacts to the community that are not addressed in the EIR and do not feel, in its current form, that the project is justified. 1. An arterial to nowhere: As we understand it, this project is driven by the desire by Public Works to bring Newport Blvd. into compliance with some County arterial map that designates Newport Blvd. as a future arterial from 32nd Street, that is to meet arterial design criteria and the radius of the curve at 32nd decreased to accommodate 45 MPH vehicular travel speed. Since the current posted speed in front of our building is 30 MPH, we asked if it is the City's intent to increase the speed in this section of Newport Blvd. to 45 MPH? The answer we were given by staff was: "No. The roadway is just being changed to meet the County's designation criteria and we have no intention of increasing the speed on Newport Blvd." In other words, these public funds are being spent to bring Newport Blvd. into compliance with a county map that was probably drawn by a Traffic Engineer 30 years Comment 4 -1 Comment 4 -2 16 -120 ago and has never been reevaluated based on today's needs and existing conditions. So, the arterial is being extended onto the Peninsula, but the City has no intention of ever utilizing this roadway as an arterial. Why build these improvements if they are unnecessary and will never be utilized by the public? Why has the City not requested that the County's arterial map not been modified to show the arterial stopping at Via Lido, where the transition to a local collector street really occurs? The whole benefit of this project to the City appears to be to comply with a line on a map, while there are serious impacts to building and business owners who will be adversely affected by this project. 2. Significant impact to the community: As property owners of a commercial building in the project area, we are very concerned about the removal of on street parking in the area and the impact that this will have on our tenants, their customers and ultimately our property values. Our concerns are that this project will foster a "dead zone" at the entry to the Peninsula. Do you really want the "well- heeled" guests at the new Lido House Hotel, who will likely be paying $500+ a night to stay in Newport Beach to be looking westward at boarded up shops and vacant buildings and a potential haven for the homeless? It has been proven many times in other cities all over southern California that parking convenience is the number three factor, after pricing and the quality of services and products that fosters retail success. The proposed removal of on -street parking directly adjacent to our building will have a disastrous impact on our restaurant, retail and office tenants, who rely on this parking as a convenience for their customers. Without convenient parking, we fear that their businesses will fail and our building and others adjacent commercial space will become vacant. We understand that the City proposes to replace these on -street parking spaces with the expansion of parking at the old Block Buster Video building at the corner of 32nd St. and Newport Blvd.. While this may provide a "one for one" numerical replacement of the number of on- street parking spaces to be removed, the parking lot does not replace the convenience of the existing on -street parking. For example, in the case of our property, this parking will be located over 200 feet away from our tenants businesses. Why hasn't this issue been considered by staff and addressed in the EIR? In addition, we are concerned about the proposed reduction in sidewalk width because we have approved cafe seating (which we pay $1,200.00 per year to the City of Newport Beach for "in -lieu parking ") on the sidewalk adjacent to our restaurant and are concerned that a reduction of sidewalk width and removal of adjacent parallel street parking will put our customers dangerously close to the proposed bike and vehicular travel lanes. We see this as a potential public hazard and liability for the City. While we support the construction of the two bike lanes, we feel it is the only positive benefit of this project. In lieu of the current proposal, we would like to suggest the Comment 4 -2 cont. Comment 4 -3 Comment 4 -4 1 Comment 4 -5 16 -121 following alternative approach that mitigates our concerns and the concerns of our neighbors, improves traffic flow and avoids potentially adverse impacts to adjacent businesses and property values: 3. Revised Concept: • Maintain the existing sidewalk widths and on- street parking along Newport Blvd. • Add the third lane of travel on the southbound side of Newport Blvd. • Add the bike lanes on both sides of the street. • Keep the existing curb line on the west side of the street and offset the increased roadway width to the east. • Maintain the existing radius on 32 "d St. • Stop the arterial at Via Lido. • Add more on- street parking on the east edge of Newport Blvd. and 32 d Street • Make the new lot short term parking only. • Add enhanced cross walks. This is a project that meets the needs of the community, has few impacts to property owners and tenants, maintains slow vehicular speed limits on the Peninsula and enhances a pedestrian oriented environment. Comment 4 -5 cont. Thank you for your consideration of our request. If you have any questions regarding the comment above, please do not hesitate to contact me. 4 -6 Very truly yours, PORT PROPERTIES, INC. Russell Singer, President 16 -122 Response to Comment Letter ft4: Port Properties, Inc. Comment 4 -1: Thank you for your comments on the proposed project. We have provided responses to your specific comments on the proposed project below. It should also be noted that your comment incorrectly identifies the environmental document as an EIR. The environmental document that was circulated for the proposed project was a Draft IS /MND. Comment 4 -2: The proposed project has been designed to reduce existing and future traffic congestion from growth that has already occurred, is planned, or is projected to occur. While the segment of Newport Boulevard that would be improved under the proposed project is designated on the County Master Plan of Arterial Highways (MPAH) as a 6 -lane facility, project need is primarily driven by poor existing level of service (LOS). Existing traffic counts register 49,000 vehicles per day south of the Newport Boulevard bridge over Coast Highway. Of this total, traffic on Via Lido accounts for 11,000 vehicles per day, while the remaining 38,000 vehicles per day originate from Newport Boulevard south of Via Lido. This existing volume of 38,000 vehicles per day exceeds the capacity of a four -lane facility, which is designed to accommodate 20,000 to 30,000 vehicles per day. The capacity of the expanded six - lane roadway could accommodate 30,000 — 45,000 vehicles per day, which would bring this segment of Newport Boulevard to an acceptable level of service. As described in Section 5.16.1 (a) and (b) of the Draft IS /MND, the segment of Newport Boulevard between Via Lido and 32nd Street currently operates at LOS F, while the segment between 32nd Street and 30th Street currently operates at LOS D. Implementation of the proposed project would improve roadway segment operations between Via Lido and 32nd Street to LOS D and operations between 32nd Street and 30th Street to LOS B. It should also be noted that the current traffic counts described above are for off -peak season. Summer counts are higher, which would further exacerbate existing traffic deficiencies described above, and provide for even greater need for the proposed project. It is not the intent of the City to increase the posted speed limit. The traffic speeds noted on the conceptual project plan are design speeds and not the posted speed limits. Speed limits are established pursuant to a specified procedure by state law based upon measured speeds and the City cannot arbitrarily set a limit. The City is required to follow state law in the process to establish the posted speed limit and cannot arbitrarily establish a speed limit of 30 MPH, or 35 MPH, or 40 MPH, or 45 MPH without completing a new speed survey and determining the measured critical speed. Based on existing traffic volumes and the proposed design, City staff does not believe speeds will increase significantly to warrant a change in the future posted speed limit. The City will determine the new critical speed for the proposed project consistent with state law and use it to establish a new legal speed limit. It should also be noted that the posted speed limit is not necessarily the same as the design speed limit. Comment 4 -3: There is no evidence that relocation of existing street parking on Newport Boulevard to the proposed parking lot would reduce business patronage resulting in blight. The proposed parking lot would be located approximately only 200 feet from the businesses located at 3315 through 3345 Newport Boulevard. This distance is not a significant distance to walk and the proposed parking lot should be convenient for patrons. Additionally, local businesses surrounding the proposed project are located in an area characterized by heavy pedestrian activity due to their proximity to the beach. 16 -123 Consequently, the need to walk approximately 200 feet from the proposed parking lot to the property of concern would be consistent with the existing character of the project area. Implementation of the proposed project could potentially make the project area a more desirable area for business patrons. The proposed project has been designed to reduce existing and future traffic congestion from growth that has already occurred, is planned, or is projected to occur. Without the proposed project, traffic conditions would continue to deteriorate and may impact the ability of patrons to reach local businesses surrounding the project area. Furthermore, the proposed project would increase the desirability of the project area by introducing landscaping features along the edges of the proposed parking lot and within the improved median along Newport Boulevard that would enhance local visual quality. Therefore, the proposed project should not reduce patronage to local business on Newport Boulevard. Finally, redevelopment of the former City Hall site with a hotel as discussed in the comment letter will bring potential patrons to the area who would likely visit the shops and restaurant on foot increasing business patronage. Comment 4 -4: Reduced sidewalk width from 10 feet to 8 feet and elimination of parked cars along other project design features would not reduce safety for pedestrians using the public sidewalk and patrons using patio seating. The proposed roadway has been designed to have a relatively straight alignment and would not include any dangerous turns. Similarly, the proposed sidewalks would include 8 -inch tall curbs that would provide a physical barrier which adequately separates the expanded roadway and pedestrians and patrons using patio seating. In addition, the introduction of a 6 -foot wide bike lane between the vehicular travel lane and the sidewalk will further separate the sidewalk and patio seating area from vehicular travel lanes. As described in response to comment 4 -2 above, City staff does not believe speeds for the proposed roadway would increase substantially to warrant a change in the future speed limit. Consequently, it is not anticipated that vehicles would be traveling at substantially higher speeds that could decrease safety for pedestrians and patrons using patio seating. The comment letter notes the presence of an outdoor dining patio of an existing restaurant located on the commenter's property and the payment of an in -lieu parking fee. The restaurant was authorized by Use Permit No. 1852 in 1978, and the intensification of use required additional parking pursuant to the parking requirements of the Zoning Code. The City allowed the restaurant to participate in a commercial in -lieu parking fee program in -lieu of providing 8 additional parking spaces. As a result, the restaurant operator or property owner must pay $150 per space per year ($1,200 per year) into the in -lieu parking fund in order to operate the restaurant. Use Permit No. 1852 did not include an outdoor dining patio. Rather, outdoor dining was later permitted in 2000, pursuant to Outdoor Dining Permit No. 71. Given the size of the outdoor patio, no additional parking was required by the Municipal Code so it had no effect on the previous conditions requiring the payment of an in -lieu fee for 8 spaces. Lastly, the payment of in -lieu parking fees does not guarantee the retention of public parking in any particular location and funds are used at the discretion of the City to create public parking and these funds may be used to partially off -set the cost of constructing the proposed parking lot. Comment 4 -5: Thank you for expressing your support for the bike lane component of the proposed project. We have reviewed your proposed revisions to the concept plan and determined that they 16 -124 would not allow the City to meet project objectives. Maintaining existing sidewalk widths and on- street parking would require a greater level of property acquisitions to provide adequate right -of -way to widen the roadway. Similarly, keeping the existing curb line on the west side of the street and offset the increased roadway width to the east would require a greater level of property acquisitions to provide adequate right -of -way to widen the roadway. It would also require the realignment of Newport Boulevard south of 32nd Street in order or geometrically align with the new lane configuration north of 32 "d Street. As discussed in the response to Comment 4 -3 above, on- street parking will be replaced by the proposed new public parking lot. In regards to enhanced cross walk, the final design will incorporate enhanced decorative cross walks. The current project design limits full property acquisitions to the vacant Wachovia bank building and its adjacent parking lot, which allows the City to meet project objectives while minimizing right -of -way acquisition requirements. Therefore, revisions to project design are not warranted. Comment 4 -6. Thank you for your comments on the proposed project. 16 -125 From: Maureen t Terich [mailto:mtkterich(@Vahoo.com] Sent: Tuesday, September 23, 2014 7:06 PM To: Tran, Andy Subject: Newport Blvd plan Mr Tran. September 23, 2014 Re: Contract #4881. Newport Blvd /32nd St Modification I realize the comment period for the 32nd St improvements has passed. So I am simply requesting some additional information and to let you know of the impact this project will have on our property. Comment 5 -1 I own the home and dock located at 3208 Marcus, directly across the channel from the parking lot used by Las Fajitas and other businesses. We have been out of the country for the last few months and just now received the Notice of Negative Declaration. My primary concern for the removal of the vacant ( previous bank) building on the corner of Newport Blvd and 32nd St is traffic noise abatement. The building currently provides some buffer from the busy traffic at the intersection. Once removed, increased traffic noise wi indeed affect our property as well as our neighbors. This will have a major impact on the value & liveability of our property. Are there any plans to provide some type of noise abatement and /or sight controls along the Boulevard intersection to compensate for the noise of the traffic and /or frequent Emergency Vehicle sirens? Also is there any noise abatement planned for the area between the planned parking lot and the channel alley. At least some landscaping between the parking lot and the channel for noise and sight abatement would be welcomed. Naturally, we will do what we can on our property to provide whatever sight and noise abatement we can. We request & would appreciate whatever the city can to do reduce the n and sight for 1 - the area across the channel from our & our neighbors property and 2- the area where there will be major changes to the intersection of 32nd When the (bank) building is removed. As proposed, the changes will definitely have a negative effect on us & our neighbors property. The unabated noise will definitely have a negative impact on the property values let alone the right to enjoy our property. The property next door is currently on sale for $1.8 Million dollars. If there currently are plans to minimize or for noise abatement in the contract please let us know. If there are no noise abatement controls, please notify us & perhaps let us know to whom we should direct our comments to. 1 Comment 16 -126 s -2 I would appreciate hearing from you about our concerns. Respectfully, Comment Thomas Terich 3208 Marcus Ave. ' -j Newport Beach, Ca Cell: 360 -319 -1476 Email: mtkterichoavahoo.com Sent from my iPad 2 16 -127 Response to Comment Letter #5: Thomas Terich Comment 5 -1: Thank you for your comments on the proposed project. We have provided responses to your specific comments on the proposed project below. Comment 5 -2: As shown in Table 12 of the Draft IS /MND, implementation of the proposed project would increase noise levels on Marcus Avenue north of the proposed parking lot by 2.6 dBA, which would constitute a significant impact. However, implementation of mitigation measure NOI -1 would limit the projected noise increase at residential properties on Marcus Avenue north of the proposed parking lot to 0.1 dBA, which would be imperceptible to the human ear. Mitigation Measure NOI -1 states the following: "The project applicant shall either raise the existing wall along the shared property line of the proposed public parking lot and the home at 3206 Marcus Avenue to a minimum of 6 feet high or construct a new 6 -foot high wall immediately south of the existing wall and located entirely on City property. The sound wall shall be constructed prior to the start of any demolition or construction activities." Consequently, implementation of mitigation measure NO1 -1 would fully mitigate all noise increases near 3206 and 3208 Marcus Avenue and other properties along Marcus Avenue, and impacts would be less than significant. Implementation of Mitigation Measure NO1 -1 would also block views of a portion of the improved intersection. Although a new wall would not be constructed in the location of the vacant Wachovia bank building, the proposed project would introduce landscaping features adjacent to the proposed wall, along the edges of the proposed parking lot and within the planned improved median for Newport Boulevard that would enhance the visual quality of the project area. This combination of improving the existing wall between along the shared property line of the proposed public parking lot and the home at 3206 Marcus Avenue and introduction of project landscaping features would reduce visual impacts at 3208 Marcus Avenue to a level less than significant. Comment 5 -3: Thank you for your comments on the proposed project. 16 -128 From: Rececca Robles [mailto:rebroblesl(alomail.coml Sent: Sunday, September 28, 2014 10:03 PM To: Tran, Andy Subject: Mitigated Negative Declaration for Newport Blvd /32nd St Project September 28, 2014 Andy Tran, P.E. Senior Civil engineer Public Works Department City of Newport Beach Dear Mr. Tran: Thank you for the opportunity to review the Mitigated Negative Declaration for the Newport Boulevard and 32nd Street Modification Project, Newport Beach. In our letter of December 22, 2013 we expressed concern cOR1111ent regarding the potential for buried archaeological resources to be impacted by the proposed project. Although 6.1 we would be more comfortable if the mitigation measures addressing this concern include monitoring by a qualified archaeologist during excavations in areas of previously undisturbed sub surfaces, we concur with the Negative Declaration based on mitigation measures CUL -1 and CUI -2. Thank you for your consideration of cultural resources, Rebecca Robles United coalition to Protect Panhe (UCPP) 119 Avenida San Fernando San Clemente, CA 92672 16 -129 16 -130 Response to Comment Letter #6: Rebecca Robles Comment 6 -1: Thank you for your comments on the proposed project and expressing your support based on mitigation measures CUL -1 and CUL -2. 16 -131 STATE OF CALIFORNIA GOVERNOR'S OFFICE of PLANNING AND RESEARCH 0 STATE CLEARINGHOUSE AND PLANNING UNIT EDMUND G. BROWN JR. GOVP.RNOR October 2, 2014 Andy Tran City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Subject: Newport Boulevard and 32nd Street Modification Project SCH #: 2014091008 Dear Andy Tran: fi� `�EUF PIgMN /y�� T 1 -,,0y9 it m d.� s �r��FOFCALIF�p KEN ALEX DIRECTOR CNB Public Works OCT 062014 The State Clearinghouse submitted the above named Mitigated Negative Declaration to selected state agencies for review. The review period closed on October 1, 2014, and no state agencies submitted comments by that date. This letter acknowledges that you have complied with the State Clearinghouse Comment review requirements for draft environmental documents, pursuant to the California Environmental Quality 7_1 Act. Please call the State Clearinghouse at (916) 445 -0613 if you have any questions regarding the environmental review process. If you have a question about the above -named project, please refer to the ten -digit State Clearinghouse number when contacting this office. Sincerely, Scott Morgan Director, State Clearinghouse 140010th Street P.O. Box 3044 Sacramento, California 95812 -3044 (916) 445 -0613 FAX (916) 323 -3018 www.opr.cagov 16 -132 Document Details Report State Clearinghouse Data Base SCH# 2014091008 . Project Title Newport Boulevard and 32nd Street Modification Project .Lead Agency Newport Beach, City of Type MIND Mitigated Negative Declaration Description The Newport Boulevard and 32nd Street Modification Project has been developed to improve the intersection of Newport Blvd and 32nd Street in order to increase vehicular capacity and reduce existing traffic congestion to an acceptable level of service. The proposed project is located within a fully urbanized section of the City of Newporf Beach and would add an additional northbound through lane along Newport Blvd from 30th Street to 32nd Street and add an additional southbound through lane along Newport Bivd from Via Lido to 32nd Street, terminating as a right -turn only lane a'. 32nd Street. .Lead Agency Contact Name Andy Tran Agency City of Newport Beach Phone 949 644 3315 Fax email 33° 36'57" N / 117 ° 55'50" W Address 100 Civic Center Drive City Newport Beach State CA Zip 92660 Project .Location County Orange City Newport Beach Region Lat / Long 33° 36'57" N / 117 ° 55'50" W Cross Streets Newport Blvd and 32nd Street . Parcel No. Township 6S Range 10W Section .28 Base SBB &M Proximity to: Highways SR -1; SR -55 Airports Railways Waterways Newport Bay; Pacific Ocean Schools Ensign MS; Newport ES Land Use Project Site consists of an existing roadway that does not have land use or zoning designation Project Issues Aesthetic/Visual; Agricultural Land; Air Quality; Archaeologic- Historic; Biological Resources; Coastal Zone; Drainage /Absorption; Flood Plain /Flooding; Forest Land /Fire Hazard; Geologic /Seismic; Minerals; Noise; Population /Housing Balance; Public Services; Recreation /Parks; Schools/Universities; Sewer Capacity; Soil Erosion /Compaction /Grading; Solid Waste; Toxic /Hazardous; Traffic /Circulation; Vegetation; Water Quality; Water Supply; Wetland /Riparian; Growth Inducing; Landuse Cumulative Effects Reviewing Resources Agency; Department of Conservation; Department of Fish and Wildlife, Region 5; Office of Agencies Historic Preservation; Department of Parks and Recreation; California Highway Patrol; Caltrans, District 12; Air Resources Board; State Water Resources Control Board, Division of Drinking Water; State Water Resources Control Board, Divison of Financial Assistance; Regional Water Quality Control Board, Region 8; Department of Toxic Substances Control; Native American Heritage Commission; State Lands Commission Date Received 09/02/2014 Start of Review 09/02/2014 Endot'Review 10/01/2014 16 -133 Response to Comment Letter #7: State Clearinghouse Comment 7 -1: Thank you for your comment letter documenting that no state agencies submitted comments on the Draft IS /MND and that we have complied with the State Clearinghouse review requirements for draft environmental documents. 16 -134