Loading...
HomeMy WebLinkAbout16 - Supplemental EIR for Central Park ProjectCITY OF NEWPORT BEACH • CITY COUNCIL STAFF REPORT Agenda Item No. 16 January 27, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Sharon Wood, Assistant City Manager 644 -3222, swood @city.newport- beach.ca.us SUBJECT: City of Irvine Notice of Preparation of Draft Supplemental EIR for Central Park Project in the Irvine Business Complex ISSUE: Should the City send comments on the Notice of Preparation (NOP)? RECOMMENDATION: Approve and authorize the Mayor to send the attached comment letter. • DISCUSSION: The Central Park Project is a new proposal for the Irvine Business Complex (IBC), which involves the transfer of development rights and the conversion of rights for office development to residential development. The project would include 90,000 square feet of office, 19,700 square feet of retail and 1,380 dwelling units at the former Parker - Hannifin industrial site at Jamboree and Michelson Roads, south of the 1-405 freeway. This is the first IBC project in the past two years for which a supplemental environmental impact report (EIR), as opposed to an addendum to the 1992 program EIR, is being prepared. This is an important change in approach, as the preparation of a supplemental EIR provides opportunities for public review and comment, with the NOP being the first opportunity. A subcommittee of the Environmental Quality Affairs Committee (EQAC) reviewed the NOP and prepared comments on it. EQAC approved the attached comment memorandum at its meeting of January 20, 2004. Staff has adapted this memorandum as a letter from the Mayor, with some changes in the areas of biological resources, hazards, noise, public services and recreation. Submitted by: Sharon Wood Assistant City Manager 191 Attachments: Memorandum from EQAC Draft comment letter MEMORANDUM • To: Mayor Tod Ridgeway and Members of the City Council City of Newport Beach From: Environmental Quality Affairs Citizens Advisory Committee City of Newport Beach. Subject: Notice of Preparation ( "NOP ") for the Draft Supplemental Environmental Impact Report ( "DSEIR ") for the Irvine Business Complex, Central Park, Project (the "Project ") Date: January 23, 2004 Thank you for the opportunity to comment on the NOP for the DSEIR for the captioned Project located south of Interstate 405, west of Jamboree Road, north of Michelson Road and easterly of Von Karman Ave. at the site formerly owned, operated and known as the Parker - Hannifin site. The proposed DSEIR proposes to supplement an EIR and on page 20, refers to "the IBC EIR." However, although the Checklist purports to analyze impacts of the • Project based upon "substantial change[s] in the Project requiring major EIR revisions, neither the Checklist nor anything in the NOP including the discussion identifies the "IBC EIR." Moreover, the NOP lists "References" but fails to identify or refer to the "IBC EIR." At the very least, the Supplemental Draft Environmental Impact Report must identify the EIR which it purports to supplement, e.g. the IBC EIR, and discuss any and all Project changes and inadequacies of the IBC EIR. In addition and as further discussed below, we offer the following comments in the hopes of improving the DSEIR and the Project. 1. Proiect Description: The NOP states that the Project consists of a General Plan Amendment, Zone Change and a Transfer of Development Rights "Master Plan" "to allow for a mixed use development, including 19380 dwelling units, 90,000 square feet of office uses and 19,700 square feet of retail uses." NOP, page 1. Although the NOP never clearly identifies the Project site as the Parker - Hannifin site, the NOP helpfully states that the Project site is `occupied with with surface parking areas, landscaping, drive aisles, and six structures." It ambiguously continues "[t]he site was previously developed with approximately 74,774 square feet of office use and 240,970 square feet of industrial use (a total of 315,744 square feet) within six structures." • • The DSEIR should clearly identify the EIR for the Irvine Business Complex, discuss and explain "Transfer of Development Rights Master Plan" as well as any transfers of various rights including trips or parking, analyze the impacts of any such transfers, clearly, and precisely describe and discuss the full Project including all Project features such as a pedestrian bridge over Jamboree Road near Interstate 405. Further, the NOP states that "[t]he sending site for [the transfer of development rights] has not yet been determined." NOP, page 26. In order to assess and understand the Project fully, the DEIR should discuss the location of the transfer site or sites. Although the NOP is unclear, the Project does not appear to be one discussed in the IBC EIR. The DSEIR should clearly identify, explain, discuss and analysis the earlier entitled project(s) and the proposed Project. The public should not guess as to the nature of the earlier project and the proposed Project. 2. Environmental Checklist and Discussion: a. Aesthetics: Subsection I a., b. and c. concludes that the Project will create no significant visual impacts because of the in -fill nature of the Project and development along Interstate 405. However, the Project includes several features which may affect visual resources. • First, the Project includes as an element a pedestrian bridge from the Project over Jamboree to adjacent commercial and retail centers. The DEIR should analyze, discuss and assess all such impacts, and propose necessary mitigation. Second, the NOP recognizes that the City has designated Interstate 405 as a scenic highway. The high density Project as well as the pedestrian bridge feature may affect this scenic highway. Third, the Project includes a highly dense residential feature. Subsection c. concludes that the Project is compatible with "similar scale buildings within this urban pattern . . ." However, the surrounding buildings are large commercial office buildings. The Project's high density residential buildings will visually conflict with the office buildings. The DEIR should address, discuss and analyze such impacts and propose necessary mitigation. Subsection d. addresses light and glare. The NOP concludes that there are no sensitive receptors adjacent to the site but that the Project's high density residential feature may be a sensitive land use. The NOP promises that the Project will control light and glare to avoid off -site impacts. However, the DEIR must address on -site impacts of light and glare from off - site sources including the scenic Interstate 405 highway. b. Air Quality: • Section III a., b., c. and d. concludes that the substantial changes in the Project require preparation of major EIR revisions. However, Section III e. concludes that the • Project will not create objectionable odors which could affect a substantial number of people. Among other things, the NOP concludes that no sensitive receptors are located adjacent to the Project. However, the Project will bring sensitive receptors, people living in the 1,380 residential units, adjacent to the scenic I -405 which may also create odors which affect the Project's residents. The DEIR should discuss, analyze and assess the nature and extent of any such impacts, and propose necessary mitigation. C. Biololdcal Resources: The NOP concludes that the Project with its high density residential structures and uses will have no impact on biological resources in the vicinity of the Project. However, the summary recognizes that the Project is in the vicinity of San Diego Creek, San Joaquin Marsh, and Upper Newport Bay. These areas including Upper Newport Bay are probably Newport Beach's single greatest biological resource area. Regardless of the conclusions in the NOP, the DSEIR should discuss and analyze the impacts of this high density residential Project on biological resources in the area including San Diego Creek, San Joaquin Marsh and Upper Newport Bay. If necessary, the DSEIR should propose adequate mitigation. Another potential problem is the possibility of migratory birds flying into high - rise buildings. The DSEIR should discuss such impacts on natural resources and propose adequate mitigation, if necessary, including the reduction of glare from such structures and other measures to prevent disoriented birds from injury. • Also, the Project with its high density residential development will likely create the danger and significant impact of unauthorized and possibly unlawful human activity in the San Joaquin Marsh and Upper Newport Bay. Such impacts could include unauthorized trampling of new pathways which could increase the sediment flow into San Diego Creek and Upper Newport Bay, pet walking and contamination therefrom, and other potentially significant impacts. The DSEIR should discuss, analyze and assess these and other impacts on natural and biological resources which could come from the high density residential Project. Finally, the DSEIR should also discuss the impacts of urban runoff on such resources and, if necessary, propose adequate mitigation. d. Geology and Soils, or Geophysical: The Checklist indicates that Project site includes potentially highly expansive soils and yet notes that the Project site is not prone to liquefaction. The Discussion fails to address the character of the expansive soils not subject to liquefaction. Section VI d. indicates that the City of Irvine will prepare a "site geologic report." The DSEIR should fully discuss this report, and include and incorporate the site geologic report. d. Hazards and Hazardous Materials: • Section VII a. and b. recognizes that Parker - Hannifin used hazardous • chemicals at the site and that the Project may require removal of such hazards. Section VII g. concludes that the Project and the removal of such material will not interfere with responding emergency personnel and vehicles. The DEIR should analyze, discuss and assess the impacts of the Project's removal of such materials on such emergency personnel and vehicles. e. Hydrology and Water Ouality: The Checklist and Discussion indicates no changes from previous environmental analysis. However, the Discussion for Hazards states: "Parker- Hannifin used and stored several different chemicals as part of its operations on the project site and may have the potential to cause a hazard to the public. Further evaluation in the EIR is required to determine the level of significance and to identify mitigation measures which reduce impacts to below a level of significance, if possible" NOP, page 23 (emphasis added). It is possible that the release of such hazards may affect groundwater or surface water in the vicinity of the Project site. Surface water including San Diego Creek is located near the Project. According the NOP, groundwater lies within 15 feet of the ground surface. Any release of hazardous materials may create a significant impact on water resources, both surface and groundwater. CEQA requires that the DSEIR address, discuss and • analyze any such impacts and, if necessary, propose adequate mitigation. L Land Use and Planning: Section IX a. concludes that the Project will not physically divide an established community and therefore will not create significant impacts on land use for such non- division. The NOP is incorrect: the Project may physically divide an established industrial, commercial and retail community by inserting a high density residential project in the middle of the industrial commercial community on and near the site. The DSEIR should discuss such impacts and propose necessary mitigation. Section IX b. recognizes that the Project conflicts with existing zoning and General Plan requirements and includes amendments or changes to such requirements. However, the DSEIR should include further analysis. As the City knows, the original 1992 IBC Program FEIR divided the planning area into three districts: the multi -use district covered all areas south of Barranca Parkway; the industrial district included areas north of Barranca Parkway as well as areas already entitled or used for industrial purposes; and the "[r]esidential [d]istrict within IBC will be limited to the existing and previously approved projects." Program EIR, Executive Summary III -9. The Project includes such a residential component in an area which the IBC Program FEIR concluded was over built with residential. The DSEIR should discuss the • Program FEIR's limitation and its rationale, address the impacts of a change from that limitation, and propose necessary mitigation. 9. Noise: Sections XI a., b., c. and d. indicate that the Project results in substantial changes which require preparation of the DSEIR. The NOP recognizes that the Project may create both short term and long term noise impacts. The DSEIR should include a noise study to assess and discuss all such impacts including any impacts on the and propose necessary mitigation. Section XI e. addresses the Project's impacts on an airport land use plan within two miles of the Project. The Discussion balks at such a requirement: it "finds" that the Project is outside the CNEL 65 noise contour for John Wayne International Airport ( "JWA ") which is within two miles of the Project. The DSEIR should provide the basis and analysis for the NOP's improper finding. The DSEIR should fully discuss any impacts from or on the Project as a result of its proximity to JWA and propose any necessary mitigation. h. Population and Housing: • Sections XII a. and c. indicate that the Project with its 1,380 residential units will result in no. changes requiring preparation of a new EIR. This is incorrect. As indicated above, the IBC FEIR recognized that in the late 1980's IBC entitlements exceeded allowable limits and restricted residential development in IBC. The Project proposes to ignore such limits and significantly increase housing and population within IBC. The DSEIR should explain this departure from the IBC FEIR, analyze all impacts which flow therefrom and propose necessary mitigation. L Public Services: Section XIII a. recognizes that the Project will increase demand on public services including police, fire, schools and other services. It notes that the City of Irvine will consult with various agencies including Orange County Fire Authority and the Irvine Police Department. However, given that the City of Newport Beach may develop a new fire station • near the Project, the City of Irvine should also coordinate with the City of Newport Beach • regarding service demands from the Project. The DSEIR should fully discuss and explain all such impacts and propose necessary mitigation. L Recreation: The NOP recognizes that "[d]evelpment and occupancy of 1,380 dwelling units would increase the demand for parks and recreational facilities, (sic) of various types" NOP, page 25. Indeed, the NOP recognizes that the Project may create significant impacts on existing neighborhood and regional parks, and may include recreational facilities which may create significant impacts on the environment. We understand that the Parker - Hannifin site had recreational facilities. The Project is known as the "Central Park." Although the Project promises to provide substantial on -site recreation including fitness facilities and pools, the Project will not provide park facilities. "The project is proposing to pay park fees in lieu of dedicating land for community parks." Id. The Project may also create recreational facilities which may create significant impacts. Indeed, the Project may become known as the "Central Pork" and could be regarded as an improper attempt to funnel funds to the City's cherished "Great Park." The • DSEIR should discuss all of this: the Project's impacts on parks, the possibility of providing parks on site or near the site, any Project alternative mitigation measures, and other mitigation measures. k. Transportation/Traffic: Section XV a., b., and c. recognize that the Project may result in substantial changes requiring major revisions to the IBC FEIR including causing an increase in traffic in the area, causing a reduction in the levels of service for intersections in the area and related impacts. The Discussion indicates that the Project will require TDR of 379 a.m. peak - hour trips, 487 p.m. peak hour trips and 6,906 daily gross trips from some as yet unidentified sending site. The NOP fails to state the current trip budget for the site. The SDEIR must do much better: It must explain the current trip budget, explain how such budgets are developed and calculated, how such budgets affect actual traffic, discuss the nature of the sending site(s) and any infrastructure improvements made in the area of the sending site to mitigate the sending site's trip budget, explain how mitigation of the sending site(s) trips will also be transferred to the Project site so that full and adequate mitigation of that trip budget occurs, and fully analyze any other traffic impacts and propose mitigation for all traffic impacts whether transferred trips or trips resident on the site. Also, Section X e. discusses access to public services including fire. As indicated above, the City of Irvine should coordinate with the City of Newport Beach in addition to the • other jurisdictions mentioned in the NOP to insure that the City of Newport Beach's equipment may access the site if necessary. • Also, the SDEIR should address the Project's impacts on traffic within the City of Newport Beach. The traffic study and SDEIR should analyze all intersections possibly affected by the Project including all intersections adjacent to State Route 73 and all intersections south of State Route 73 along MacArthur Blvd., Jamboree Road, and Irvine Ave. Also, we understand that the City of Irvine regards intersections as acceptable which operate at Level of Service ( "LOS') E whereas the City of Newport Beach regards the higher level, LOS D, as the minimum standard. The DSEIR and traffic study should address these differences, analyze all impacts associated with such differences and propose necessary mitigation. Further, any traffic studies and DSEIR should analyze any traffic impacts within the City of Newport Beach using the City's own standards and methods. 1. Mandatory Findines of Sieniticance: Probably the most important discussion in the DSEIR will be its discussion of mandatory findings including cumulative impacts. As indicated in the City of Newport's January 14, 2004 Comment Letter on the Scholle Project Addendum to the IBC FEIR, the recently approved and/or constructed projects within IBC will certainly create cumulative impacts together with proposed projects including this Project. Equally important and as noted in the City's Comments on Scholle and as noted • above, the IBC FEIR noted that the IBC was found to be way overbuilt in 1987; and the IBC FEIR restricted residential development in IBC. The Project proposes to ignore this restriction. The DSEIR should fully discuss these limitations and the cumulative impacts of the over ten projects recently approved in IBC as well as other projects in the Project vicinity, e.g. any planned expansion of the Conexant or Koll sites and any other projects in the area. 3. Conclusion: Thank you again for the opportunity to comment on the NOP for the Project. We hope that these comments and others will assist the City of Irvine in the preparation of the DSEIR. • CITY OF NEWPORT BEACH OFFICE OF THE MAYOR Mayor Tod W. Ridgeway January 28, 2004 Mayor Pro Tem Garold B. Adams Council Members Mr. Michael Philbrick, AICP, Senior Planner Steven Bromberg City of Irvine John Heffernan P. 0. Box 19575 Richard A. Nichols Irvine, CA 92623 -9575 Steven Rosansky Don Webb Notice of Preparation IBC Draft Supplemental EIR — Central Park Dear Mr. Philbrick: Thank you for the opportunity to comment on the NOP for the DSEIR for the captioned Project located south of Interstate 405, west 1101 of Jamboree Road, north of Michelson Road and easterly of Von Karman Ave. at the site formerly owned, operated and known as the Parker - Hannifin site. The proposed DSEIR proposes to supplement an EIR and on page 20, refers to "the IBC EIR." However, the NOP never adequately identifies the "IBC EIR," nor does its list of "References" identify or refer to the "IBC EIR." The Supplemental Draft Environmental Impact Report should identify the EIR which it intends to supplement, e.g. the IBC EIR, and discuss any and all Project changes and inadequacies of the IBC EIR. In addition and as further discussed below, we offer the following comments. 1. Proiect Description: The NOP states that the Project consists of a General Plan Amendment, Zone Change and a Transfer of Development Rights "Master Plan" "to allow for a mixed use development, including 1,380 dwelling units, 90,000 square feet of office uses and 19,700 square feet of retail uses." NOP, page 1. Although the NOP never clearly identifies the Project site as the Parker - Hannifin site, the does state that the Project site City Hall • 3300 Newport Boulevard • Post Office Box 1768 Newport Beach, California 92658 -8915 • www.city.newport- beach.ca.us (949) 644 -3004 is "occupied with surface parking areas, landscaping, drive aisles, and six • structures" and "[t]he site was previously developed with approximately 74,774 square feet of office use and 240,970 square feet of industrial use (a total of 315,744 square feet) within six structures." The DSEIR should discuss and explain "Transfer of Development Rights Master Plan" as well as any transfers of various rights including trips or parking, analyze the impacts of any such transfers, and precisely describe and discuss the full Project including all Project features such as a pedestrian bridge over Jamboree Road near Interstate 405. Further, the NOP states that "[t]he sending site for [the transfer of development rights] has not yet been determined." NOP, page 26. In order to assess and understand the Project fully, the DEIR should discuss the location of the transfer site or sites. Although the NOP is unclear, the Project does not appear to be one discussed in the IBC EIR. The DSEIR should clearly identify and discuss the earlier entitled project(s) and the proposed Project. 2. EnvironmentaLChecklist and Discussion: a. Aesthetics: • Subsection I a., b. and c. concludes that the Project will create no significant visual impacts because of the in -fill nature of the Project and development along Interstate 405. However, the Project includes several features which may affect visual resources. First, the Project includes as an element a pedestrian bridge from the Project over Jamboree to adjacent commercial and retail centers. Second, the NOP recognizes that the City has designated Interstate 405 as a scenic highway. The high density Project as well as the pedestrian bridge feature may affect this scenic highway. Third, the Project includes a high density residential feature. Subsection c. concludes that the Project is compatible with "similar scale buildings within this urban pattern . . .." However, the surrounding buildings are large commercial office buildings. The Project's high density residential buildings may visually conflict with the office buildings. The DEIR should assess all such impacts, and propose any necessary mitigation. 2 • • Subsection d. addresses light and glare. The NOP concludes that there are no sensitive receptors adjacent to the site but that the Project's high density residential feature may be a sensitive land use. The NOP promises that the Project will control light and glare to avoid off -site impacts. However, the DEIR must address on -site impacts of light and glare from off -site sources including the Interstate 405 highway. b. Air Ouality: Section III a., b., c. and d. concludes that the substantial changes in the Project require preparation of major EIR revisions. However, Section III e. concludes that the Project will not create objectionable odors which could affect a substantial number of people. Among other things, the NOP concludes that no sensitive receptors are located adjacent to the Project. However, the Project will bring sensitive receptors, people living in the 1,380 residential units, adjacent to the I -405 which may also create odors which affect the Project's residents. The DEIR should assess the nature and extent of any such impacts, and propose necessary mitigation. Biological Resources: • The NOP concludes that the Project with its high density residential structures and uses will have no impact on biological resources in the vicinity of the Project. However, the summary recognizes that the Project is in the vicinity of San Diego Creek, San Joaquin Marsh, and Upper Newport Bay. The Project with its high density residential development has the potential to create the impact of unauthorized and possibly unlawful human activity in the San Joaquin Marsh and Upper Newport Bay. Such impacts could include urban runoff, unauthorized trampling of new pathways which could increase the sediment flow into San Diego Creek and Upper Newport Bay, pet walking and contamination therefrom, and other potentially significant impacts. The DSEIR should assess these and other impacts on natural and biological resources which could come from the high density residential Project and propose adequate mitigation. • d. Geolociv and Soils, or Geophysical: The Checklist indicates that Project site includes potentially highly expansive soils and yet notes that the Project site is not prone to liquefaction. The Discussion fails to address the character of the expansive soils not subject to liquefaction. 3 e. Hydrology and Water Quality: • The Checklist and Discussion indicate no changes from previous environmental analysis. However, the Discussion for Hazards states: "Parker- Hannifin used and stored several different chemicals as part of its operations on the project site and may have the potential to cause a hazard to the public. Further evaluation in the EIR is required to determine the level of significance and to identify mitigation measures which reduce impacts to below a level of significance, if possible." NOP, page 23 (emphasis added). It is possible that the release of such hazards may affect groundwater or surface water in the vicinity of the Project site. Surface water including San Diego Creek is located near the Project. According the NOP, groundwater lies within 15 feet of the ground surface. Any release of hazardous materials may create a significant impact on water resources, both surface and groundwater. CEQA requires that the DSEIR address, discuss and analyze any such impacts and, if necessary, propose adequate mitigation. • f. Land Use and Planning: Section IX a. concludes that the Project will not physically divide an established community and therefore will not create significant impacts on land use for such non - division. The NOP is incorrect: the Project may physically divide an established 'industrial, commercial and retail community by inserting a high density residential project in the middle of the industrial commercial community on and near the site. The DSEIR should discuss such impacts and propose necessary mitigation. Section IX b. recognizes that the Project conflicts with existing zoning and General Plan requirements and includes amendments or changes to such requirements. However, the DSEIR should include further analysis. As the City knows, the original 1992 IBC Program FEIR divided the planning area into three districts: the multi -use district covered all areas south of Barranca Parkway; the industrial district included areas north of Barranca Parkway as well as areas already entitled or used for industrial purposes; and the "[r]esidential [d]Istrict within • 4 • IBC will be limited to the existing and previously approved projects." Program EIR, Executive Summary III -9. The Project includes such a residential component in an area which the IBC Program FEIR concluded was over built with residential. The DSEIR should discuss the Program FEIR's limitation and its rationale, address the impacts of a change from that limitation, and propose necessary mitigation. g_ Noise: Section XI e. addresses the Project's impacts on an airport land use plan within two miles of the Project. The Discussion concludes that the Project is outside the CNEL 65 noise contour for John Wayne International Airport ("JWA'� which is within two miles of the Project. The DSEIR should discuss this potential impact using the latest noise contours from Orange County's recent EIR on the extension of the John Wayne Settlement Agreement. h. Population and Housing: Sections XII a. and c. indicate that the Project with its • 1,380 residential units will result in no changes requiring preparation of a new EIR. This is incorrect. As indicated above, the IBC FEIR recognized that in the late 1980's IBC entitlements exceeded allowable limits and restricted residential development in IBC. The Project proposes to ignore such limits and significantly increase housing and population within IBC. The DSEIR should explain this departure from the IBC FEIR, analyze all impacts which flow therefrom and propose necessary mitigation. i. Recreation: The NOP recognizes that "[d]evelopment and occupancy of 1,380 dwelling units would increase the demand for parks and recreational facilities, of various types." NOP, page 25. Indeed, the NOP recognizes that the Project may create significant impacts on existing neighborhood and regional parks, and may include recreational facilities which may create significant impacts on the environment. We understand that the Parker - Hannifin site had recreational facilities. The Project is known as the "Central Park." Although the • Project promises to provide substantial on -site recreation including fitness 5 facilities and pools, the Project will not provide park facilities. "The • project is proposing to pay park fees in lieu of dedicating land for community parks." Id. The DSEIR should discuss where park facilities will be provided with such in -lieu fees. Unless park facilities are to be provided within the IBC, there is likely to be an impact on Newport Beach's park facilities, which may be more convenient to residents of the Project than existing City of Irvine facilities. The DSEIR should discuss all of this: the Project's impacts on parks, the possibility of providing parks on site or near the site, any Project alternative mitigation measures, and other mitigation measures. j, TranwortationLTraffic: Section XV a., b., and c. recognize that the Project may result in substantial changes requiring major revisions to the IBC FEIR including causing an increase in traffic in the area, causing a reduction in the levels of service for intersections in the area and related Impacts. The Discussion indicates that the Project will require TDR of 379 a.m. peak -hour trips, 487 p.m. peak hour trips and 6,906 daily gross trips from some as yet unidentified sending site. The NOP fails to state the current trip budget for the site. The SDEIR must explain the current trip budget, explain how • such budgets are developed and calculated, how such budgets affect actual traffic, discuss the nature of the sending site(s) and any infrastructure improvements made in the area of the sending site to mitigate the sending site's trip budget, explain how mitigation of the sending site(s) trips will also be transferred to the Project site so that full and adequate mitigation of that trip budget occurs, and fully analyze any other traffic impacts and propose mitigation for all traffic impacts whether transferred trips or trips resident on the site. Also, the SDEIR should address the Project's impacts on traffic within the City of Newport Beach. The traffic study and SDEIR should analyze all intersections possibly affected by the Project including all intersections adjacent to State Route 73 and all intersections south of State Route 73 along MacArthur Blvd., Jamboree Road, and Irvine Ave. Also, we understand that the City of Irvine regards intersections as acceptable which operate at Level of Service ("LOS') E whereas the City of Newport Beach regards the higher level, LOS D, as the minimum standard. The DSEIR and traffic study should analyze any 6 • • traffic impacts within the City of Newport Beach using this City's own standards and methods. k. Mandatory Findinqs of Significance: Probably the most important discussion in the DSEIR will be its discussion of mandatory findings including cumulative impacts. As indicated in the City of Newport's January 14, 2004 Comment Letter on the Scholle Project Addendum to the IBC FEIR, the recently approved and /or constructed projects within IBC will certainly create cumulative impacts together with proposed projects including this Project. Equally important and as noted in the City's Comments on Scholle and as noted above, the IBC FEIR noted that the IBC was found to be way overbuilt in 1987; and the IBC FEIR restricted residential development in IBC. The Project proposes to ignore this restriction. The DSEIR should fully discuss these limitations and the cumulative impacts of the over ten projects recently approved in IBC as well as other projects in the Project vicinity. 3. Conclusion: • Thank you again for the opportunity to comment on the NOP for the Project. We hope that these comments and others will assist the City of Irvine in the preparation of the DSEIR. Sincerely, Tod W. Ridgeway Mayor cc: Environmental Quality Affairs Committee •