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HomeMy WebLinkAbout11 - Newport Lexus DealershipCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item ii May 10, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David Lepo, Contract Planner 949 - 553 -1427, dlepo @hogleireland.com SUBJECT: Draft Final Environmental Impact Report (SCH 2004081004), General Plan Amendment No. 2004 -004, Planned Community Text Amendment No. 2004 -003, Use Permit No. 2004 -026, Modification Permit No. 2005 -030, Traffic Study No. 2004 -003 for Newport Lexus Automobile Dealership (PA 2004 -153) LOCATION: 3901, 3931, 3961 MacArthur Boulevard 848, 888 Dove Street APPLICANT: Wilson Automotive Group ISSUE: Review of entitlement application for development and operation of the Newport Lexus automobile dealership. RECOMMENDATION: Review the draft Final Environmental Impact Report (EIR), General Plan Amendment (GPA), Planned Community (PC) Text Amendment, Use Permit (UP), Modification Permit, and Traffic Study, receive public comments, and certify the Final EIR and approve the GPA, the PC Text Amendment, the UP, the Modification Permit, and the Traffic Study for the Newport Lexus automobile dealership. Newport Lexus May 10, 2005 Page 2 of 23 DISCUSSION: Background Wilson Automotive Group submitted an application for a General Plan Amendment, a Planned Community Text Amendment, a Use Permit, a Modification Permit, and a Traffic Study for construction of a 130,000 square -foot Newport Lexus automobile dealership on an 8.05 acre parcel on the westerly side of MacArthur Boulevard at Jamboree Road. Existing improvements that include an Avis rental car storage facility and three office buildings whose tenants include Platt College would be demolished. Plans for the dealership now before the City Council reflect a reduction in size from 130,000 square feet as proposed in the initial application to 114,485 square feet. Development of the smaller facility will reduce potential environmental impacts consistent with the Reduced Impact Alternative identified in the Draft EIR. Other changes necessitated by cost considerations include redesigned building facades and reduction of the service and parking structure from four stories with rooftop parking to two stories plus roof -top parking. A Draft Environmental Impact Report (EIR) was prepared for the project consistent with California Environmental Quality Act (CEQA) Guidelines and circulated for public review on November 29, 2004. The 45 -day public review period ended on January 12, 2005. Responses to comments on the Draft EIR received during public review have been prepared. The Draft EIR and the responses to comments together comprise the draft Final EIR included for City Council consideration. On April 21, 2005, the Planning Commission held a public hearing on the Final EIR, GPA, PC Text Amendment, UP, Modification Permit, and Traffic Study. After receiving comments, the Planning Commission adopted Resolution No. 1665 (Attachment 6) recommending that City Council certify the Final EIR and approve the General Plan Amendment, PC Text Amendment, the UP, the Modification Permit, and the Traffic Study. Project Description Automobile Showroom and Parts and Service Structures The 8.05 -acre project site is proposed to be developed with a 114,485 square - foot automobile dealership. The dealership facility consists of a 42,142 square - foot showroom building and a 72,343 square -foot service department integrated within a two -story parking structure. 0 Newport Lexus May 10, 2005 Page 3 of 23 The automobile showroom is comprised of a 31,518 square -foot first level that includes automobile display, a service customer lounge, coffee bar, wine bar, and sales offices. An automobile service reception and work write -up area are located in the southerly portion of the showroom building. Business offices are located on a 10,624 square -foot mezzanine. The two -story service building includes approximately 80 service stalls, a parts counter and parts storage on the first level. Up to 412 spaces on the second and rooftop levels of this building are provided for new vehicle and loaner car storage. An additional 185 spaces are indicated on the rooftop for employee parking. A car wash for new and used car preparation and for vehicles being serviced at the dealership adjoins the south wall of the auto service facility. A service customer driveway from Dove Street and customer vehicle queuing lanes are situated between the service building and the showroom building. A canopy above the customer queuing lanes connects the two buildings. The height of the showroom building is 31' — 6" to the top of the parapet and 40' — 9" to the ridge of the hip roof above the main customer entrance. The two -story service facility and parking structure is 34'— 7" to the top of the parapet. A "logo" tower at the northeasterly corner of the service building extends to a height of 56' —10". The applicant has indicated that an additional level may be added to the service parking facility in the future, extending the height of that structure to up to 50 feet. This addition to the service and parking structure would be accompanied by an increase in the height of the logo tower to up to 75 feet. Height limits in the PC Text are revised to accommodate this expansion. The showroom and service buildings comply with PC Text minimum building setbacks of thirty (30) from MacArthur and from Jamboree. No portion of the showroom building is nearer than 100' to the Jamboree or MacArthur frontages. The southwesterly corner of the showroom projects approximately two feet into the required 30 -foot Dove Street setback (See Modification Permit, below). A setback of approximately 63' is provided between the curvilinear first -level wall of the parking structure and Jamboree. Upper levels of the structure are approximately 90' from the Jamboree right -of -way. A minimum 10 -foot building setback at interior lot lines is required by the PC Text. Consistent with this requirement, a distance of twenty (20) feet separates the service facility /parking structure from the adjacent commercial property. The showroom building is set back approximately 220 feet from the northerly property line where the outdoor automobile display area abuts the parking lot on the adjoining property. Minimum landscaped front yards of 30 feet are required by the PC Text at both the MacArthur and Jamboree ( "Special Landscaped Streets ") frontages. The 3 Newport Lexus May 10, 2005 Page 4 of 23 landscaped front yard shown on the project plans along MacArthur, measured from right -of -way line, varies from 18' at the fountain to 25'— 10 Y2" at the outdoor automobile display area adjacent to the service building, to 26' near the Jamboree /MacArthur intersection, and to a maximum of 52' — 6" at the south property line (See Modification Permit, below). Future right -of -way dedication for planned widening of Jamboree Road would reduce the depth of the yard at the automobile display area near the service building to 19'— 5 '/: " as shown on the plans accompanying this report. A minimum 30 -foot landscaped yard is provided at MacArthur Boulevard and a minimum 10 -foot deep landscaped yard is shown along Dove Street, consistent with the PC Text. Eight (8), circular automobile display pads are proposed and will encroach into the required landscaped yards (See Modification Permit, below) at Jamboree Road, MacArthur Boulevard, and Dove Street. A 10 -foot high screening wall and tire and fluid storage areas are proposed in the required minimum 30 -foot yard between the service building and Dove Street (See Modification Permit, below). The service building itself is approximately 55' from the Dove Street frontage. On -Site Circulation and Parking A vehicle entrance to the new car display lot and the showroom facility is proposed from MacArthur Boulevard approximately 320 feet south of Bowsprit Drive. A traffic island in MacArthur limits this access to "right -in, right -out" only. A drive aisle extends from the MacArthur entrance through the new and pre- owned vehicle displays to the customer parking area (approximately 35 spaces) flanking the front doors to the showroom. The parts and service building, and the service write -up area at the back of the showroom, may also be reached from this entrance. Vehicle access is also provided at three locations from Dove Street on the westerly edge of the site: an automobile service customer entrance opposite Quail Street (service drive); an entrance to the new car display lot and showroom north of Quail Street; and a gated access at the southern end of the site used primarily for service department test drives and employee parking on the rooftop. The service drive from Quail Street includes three inbound and two outbound lanes. The three inbound lanes provide stacking for approximately 30 vehicles. These will accommodate incoming service customers and loaner vehicle returns. Stacking for approximately 20 vehicles is provided in two outbound lanes, primarily for customer vehicle and loaner vehicle pick -up. The location and configuration of the service drive were largely determined by the location of an easement for a storm drain and a water main beneath the driveway. The proposed configuration would allow the service department to continue I Newport Lexus May 10, 2005 Page 5 of 23 functioning in the event that future repair or replacement of the water main or storm drains requires excavation of portions of the service drive. Architectural Features The conceptual architectural elevations for the Newport Lexus dealership balance strong, horizontal building planes with key vertical elements such as the building form at the main customer entrance. A curved, linear colonnade is set in front of and repeats the strong horizontal plane of the showroom fagade. Prominent building materials include large plate glass surfaces, stucco walls, and metal roofing compatible with the overall contemporary design theme. The conceptual landscape master plan includes king and queen palm trees in setbacks along street frontages. Setbacks will incorporate turf, ornamental shrubs, and seasonal plants for accent color. Retaining walls in the landscaped setbacks along MacArthur Boulevard and Jamboree Road provide a grade transition from the building site down to the public sidewalks. A fountain is proposed near the Jamboree Road frontage at the east end of the service drive. Areas of enhanced paving are included throughout the display lots. Signs for the proposed dealership include three -foot high, illuminated channel letters indicating "Newport Lexus" and a backlit Lexus logo for the uppermost corner of each of three showroom building walls visible from Jamboree Road, from MacArthur Boulevard, and from Dove Street, respectively. Similar signs are shown near the top of each of the three walls of the service facility /parking structure that are oriented toward Jamboree Road, MacArthur Boulevard, and Dove Street, respectively. An illuminated Lexus logo is proposed on each of the four sides of the tower at the northeast corner of the service facility. The PC Text allows wall signs on only two facades of a building and the Planning Commission recommended that a detailed sign program be submitted for their review as part of a request for a Modification Permit. Four monument signs are indicated in landscaped setbacks: one at the MacArthur Boulevard frontage south of the main vehicle entrance; one at the MacArthur /Jamboree intersection; one at the Dove Street entrance to the new car display lot; and one at the entrance to the service facility. Directional signs are shown in the landscaped setback at the service drive entrance and at the new car display lot entrance from Dove Street. The revised PC text included a provision to increase the maximum permissible height of monument signs from four feet to six feet to accommodate the sign proposed near the MacArthur /Jamboree intersection. The Planning Commission, however, rejected the proposed revision and directed that the proposed six -foot high sign be included as part of a Modification Permit request that includes the additional exterior wall signs described above. An exterior display and security lighting plan is included. Consistent with mitigation measures in the Draft EIR, exterior lighting standards are equipped WA Newport Lexus May 10, 2005 Page 6 of 23 with "sharp cut -off' fixtures to minimize outward and upward light spread. Draft EIR mitigation measures also include submittal of a photometric plan indicating fixture selection and illumination levels that minimize light and glare impacts on the surrounding area. Post - installation inspection by the City is also required to ensure that the site is not excessively illuminated and that lighting sources are properly shielded. Draft Final Environmental Impact Report The Planning Commission recommended that the City Council certify the draft Final EIR. The EIR identifies the range of potential environmental impacts that could result from construction and operation of the Lexus automobile dealership. The range of impacts analyzed was based on an Initial Study, included in the EIR, which concluded that no further analysis was needed in the areas of Biological Resources, Hazards and Hazardous Materials, Mineral Resources, Public Services, Agricultural Resources, Cultural Resources, Noise, Recreation, Utilities /Service Systems, Geology /Soils, and Population /Housing. The "project" analyzed in the EIR is proposed development and operation of a 130,000 square -foot automobile dealership as initially proposed by the applicant. Potential impacts relating to Aesthetics /Land Use, Hydrology/Water Quality, Traffic, and Air Quality were identified. With mitigation measures proposed in the EIR, all impacts would be mitigated to a less than significant level. Impacts and corresponding mitigation measures for the 130,000 square -foot "project" are paraphrased in the following: IMPACT Aesthetics /Land Use Potential incompatibility of project building mass and scale with existing buildings Potential light and glare on adjoining properties MITIGATION MEASURE Submit project plans to City for review to ensure consistency Use sharp cut -off fixtures with flat glass and internal and external shielding Fixture lenses parallel with finished grade; no fixtures tilted above 90- degree angle Lighting level design within IESNA recommended levels E, IMPACT Potential inconsistency with General Plan and Zoning Ordinance Potential inconsistency with Federal Aviation Administration (FAA) FAR Part 77 and with Airport Land Use Commission (ALUC) Airport Environs Land Use Plan Hydrology, Water Quality and Storm Water Violate any water quality standards or waste discharge requirements Degrade groundwater quality Cumulative impacts to surface Newport Lexus May 10, 2005 Page 7 of 23 MITIGATION MEASURE Lighting systems grouped into control zones for facility 'open ", "closed" modes, and for security lighting mode with automatic clock and photocell controls Submit lighting and photometric plan for review by City Post - installation lighting inspection to ensure illumination is not excessive, sources are properly shielded Submit application for Use Permit and for amendment of 'Planned community Development Standards, Newport Place" Submit plans to the FAA and to ALUC Prior to grading permit, submit proof of Notice of Intent filing with State Water Resources Control Board and prepare a Storm Water Pollution Prevention Plan Have an approved Water Quality Management Plan prior to grading permit Have an approved Water Quality Management Plan prior to grading permit Prior to grading permit, submit proof IMPACT water quality Transportation/Traffic Cause deterioration to an unacceptable Level of Service (CEQA) or cause an increase to ICU of 0.01 or more (TPO) Result in inadequate parking Result in hazards due to design feature Air Quality Violate air quality standards or contribute to air quality violation Newport Lexus May 10, 2005 Page 8 of 23 MITIGATION MEASURE of Notice of Intent filing with State Water Resources Control Board and prepare a Storm Water Pollution Prevention Plan Have an approved Water Quality Management Plan prior to grading permit Provide triple left -turn pocket on westbound approach of Jamboree Road at MacArthur Blvd. and Improve eastbound approach to provide fourth through lane (TPO and CEQA) Restripe westbound approach at Irvine Ave. and Mesa Drive to provide one left -turn lane, one shared through /left lane, and one right -turn lane; signal modifications to implement split -phase operation on east -west approaches (TPO) Project shall comply with all City parking requirements Reduce curb radius of eastbound free right turn on Bowsprit Dr. to MacArthur Blvd. to 35 feet to slow turning traffic and increase distance between Bowsprit and project entrance. Cover trucks hauling loose materials or require at least two feet of freeboard Pave, water, or apply soil stabilizers on unpaved roads, parking and 0 Newport Lexus May 10, 2005 Page 9 of 23 IMPACT MITIGATION MEASURE staging areas Sweep paved access roads, parking and staging areas with water sweepers Sweep streets with water sweepers if soil material is carried into adjacent public streets Hydroseed or apply stabilizers to inactive construction areas Enclose, cover, water, or apply soil binders to exposed stockpiles Limit traffic speeds on unpaved roads to 15 MPH Install sandbags or other erosion control measures to prevent silt run- off to public roadways during rainy season Replant vegetations in disturbed areas as quickly as possible Construction equipment shall be properly tuned and maintained Construction equipment shall be operated as to minimize exhaust emissions e.g. no idling in queues Stage construction to avoid emissions peaks and discontinue during second -stage smog alerts As required by CEQA, alternatives to the 130,000 square -foot Lexus dealership project were analyzed in the EIR. A smaller dealership facility and "no project' were evaluated as alternatives that would avoid or reduce the level of significance of environmental impacts. An alternative may be deemed environmentally superior to the project if the overall magnitude of impacts is determined to be less than that of the proposed project. The feasibility of an 0 Newport Lexus May 10, 2005 Page 10 of 23 alternative, however, must be considered in light of the project proponent's objectives that are identified and set forth in the EIR as follow: • To better serve the existing Lexus customer base in Newport Beach; • To expand Lexus' market share in Orange County and the Newport Beach area; and • To construct a facility of high architectural quality, complementary to the Newport Beach image. Alternatives analyzed in the EIR, the relative overall magnitude of impacts of each, and the extent to which each meets project objectives are as follows: "No ProjectAltemative" This alternative assumes that no revisions are made to the existing General Plan and Planned Community texts, and that no new development occurs. The Avis rental car storage facility and office uses including Platt College would remain on the site. Analysis in the Draft EIR indicated that the No Project Alternative would not cause an increase in the amount of stormwater run -off. Water quality impacts could be greater than those of the proposed project, however, because development of existing facilities on the site was not subject to Water Quality Management Plans and the attendant Best Management Practices that promote improvement in the quality of stormwater run -off. Air quality impacts resulting from new construction would be eliminated. Increases in peak hour trip generation would not occur. None of the project proponent's objectives, however, would be attained in this alternative. "Reduced Project Alternative" Redevelopment of the site with a Lexus dealership smaller than that of the project as originally proposed is reflected in the Reduced Project Alternative. The smaller dealership would include 117,000 square feet of building area rather than 130,000 square feet as in the EIR "project ". Qualitative analysis in the EIR shows that the Reduced Project Alternative would result in comparable Aesthetics /Land Use, Air Quality, and Hydrology and Water Quality impacts as the project. Quantitatively, the Reduced Project Alternative would generate 28 fewer vehicle trips in the morning peak hour and 34 fewer trips in the evening peak hour than the project originally proposed. This reduction in peak hour trips would reduce the traffic impact at the Jamboree /MacArthur intersection to a less than significant level. Transportation Phasing Ordinance impacts at the I& Newport Lexus May 10, 2005 Page 11 of 23 Irvine /Mesa intersection remain and the Reduced Project Alternative would require participation in funding of improvements at that intersection. The Reduced Project Alternative would allow the applicant to achieve project objectives of better serving the existing Lexus customer base in Newport Beach, of expanding Lexus' market share in Orange County and the Newport Beach area, and of constructing a facility of high architectural quality, complementary to the Newport Beach image. Although the No Project Alternative minimizes or avoids physical environmental impacts, this Alternative does not meet the applicant's project objectives. Furthermore, CEQA Guidelines require that the FEIR identify an alternative other than the No Project Alternative as the Environmentally Superior Alternative. The Reduced Project Alternative (117,000 square -foot dealership) is deemed to be the Environmentally Superior Alternative. At the time the Draft EIR was completed, the applicant revised plans for the Lexus dealership and reduced the building area to 117,000 square feet consistent with the Reduced Project/Environmentally Superior Alternative. The proposed dealership facility was subsequently reduced to approximately 114,485 square feet as shown in plans currently before the City Council for consideration. For CEQA purposes, this project is substantially consistent with the Reduced Project/Environmentally Superior Alternative and is expected to result in comparable impact levels. The draft resolution of the City Council certifying the Final EIR incorporates "Findings and Facts in Support of Findings ". The Findings identify each potentially significant impact identified in the Final EIR and indicates the means by which each is to be avoided or reduced to a less than significant level. Because all impacts are reduced to a less than significant level after mitigation, no Statement of Overriding Considerations is required. A letter submitted at the Planning Commission public hearing by representatives of the owners of a nearby property and alleging that the EIR is deficient is included as Attachment 9. The comments contained in this letter are addressed in Attachment 10. General Plan Amendment The eight (8) acre project site falls into two different land use designations in the General Plan: the northerly five (5) acres are "Administrative, Professional and Financial Commercial" and the southerly three (3) acres are "Retail and Service Commercial." Automobile dealerships are not allowed within areas designated "Administrative, Professional and Financial Commercial ". Development of the Newport Lexus automobile dealership requires a General Plan Amendment to change the land use designation of the 5 -acre northerly portion of the site from Newport Lexus May 10, 2005 Page 12 of 23 "Administrative, Professional and Financial Commercial" to 'Retail and Service Commercial," consistent with the current designation for the southerly 3 acres. Based on data for Statistical Area L4 (Airport Area) of the Land Use Element of the General Plan, total potential building area entitlement for the entire 8 -acre site is approximately 139,000 square feet. The General Plan Amendment will not increase the potential building area entitlement. An equivalent building area entitlement of 24,000 square feet, however, is added to the existing 115,000 square feet of entitlement and replaces an allowable "3.0 acres for auto center use" in the Statistical Area. The total potential building area entitlement in the proposed Land Use Element description includes the equivalent 24,000 square feet of entitlement for the 3 -acre southerly parcel, 115,000 square feet for the northerly 5 -acre parcel, and 89,530 square feet for the office building at the corner of MacArthur Blvd. and Dove St. which is not part of this project. The existing and proposed Land Use Element descriptions of the Lexus dealership site are as follow: Existing Land Use Element description Airport Area (Statistical Area 1-4) 2. Newport Place. Newport Place is bounded by Birch Street, MacArthur Boulevard, Jamboree Road and Bristol Street North. The area is identified as the Newport Place Planned Community. The areas described are not the same as those defined on the Planned Community Text map, but are a compilation of the area on a block -by -block basis, with more precise site allocations made in the Planned Community Text. All development limits exclude parking. 2 -9. NP Block J. Block J is bounded by Dove Street, Bowsprit Drive, MacArthur Boulevard, Jamboree Road and Bristol Street North. The site is designated for Administrative, Professional and Financial Commercial and Retail and Service Commercial land use. The site is allocated 204,530 sq. ft. plus 3.0 acres for auto center use. Proposed Land Use Element description Airport Area (Statistical Area 1-4) 2. Newport Place. Newport Place is bounded by Birch Street, MacArthur Boulevard, Jamboree Road and Bristol Street North. The area is identified as the Newport Place Planned Community. The areas described are not the same as those defined on the Planned Community Text map, but are a compilation of the area on a block -by -block basis, with more precise site !?I Newport Lexus May 10, 2005 Page 13 of 23 allocations made in the Planned Community Text. All development limits exclude parking. 2 -9. NP Block J. Block J is bounded by Dove Street, Bowsprit Drive, MacArthur Boulevard, Jamboree Road and Bristol Street North. The site is designated for Administrative, Professional and Financial Commercial and Retail and Service Commercial land use. The site is allocated 228,530 sq. ft. Charter Section 423 Analysis Consistent with Section 423 of the City Charter of Newport Beach, Council Policy A -18 requires that proposed General Plan Amendments be reviewed to determine if voter approval is required. Voter approval is required for a General Plan Amendment if more than 100 peak hour trips will be generated, an additional 40,000 square feet of building area is proposed, or more than 100 dwelling units will be built. The proposed General Plan Amendment for the Newport Lexus project does not allow additional building area entitlement or include any dwelling units and voter approval is not required based on the respective Charter criteria. An analysis of peak hour trips, however, was prepared and is included as Attachment 9. Consistent with Charter Section 423, the peak hour trip analysis for the General Plan Amendment includes trips generated by the proposed project plus 80% of the increase in trips associated with a previous General Plan Amendment in the same General Plan Statistical Area. This cumulative trip analysis shows that total AM peak hour trips would increase by 21.26 and total PM peak hour trips would increase by 31. Both are below the 100 peak hour trip threshold of City Council Policy A -18. Voter approval, therefore, is not required for this General Plan Amendment. Planned Community Development Plan Amendment The entire project site is zoned "Planned Community" (PC). Development and use regulations for this PC area are established in the document entitled "Planned Community Development Standards Newport Place" (PC text). This document was first adopted in 1970 and has been amended numerous times since then. The PC text designates the southerly 3 acres for auto center uses and the northerly 5 acres for professional and business office uses. Amendment of the Newport Place Planned Community text would change the PC text designation for the entire project site to "General Commercial' to accommodate a broad range of retail sales and service uses including the proposed Lexus dealership. As in commercial zones elsewhere in Newport Beach, the revised PC text will require a Use Permit for automobile sales and service uses. 13 Newport Lexus May 10, 2005 Page 14 of 23 Numerous clerical corrections will be made to the Planned Community Text. Substantive changes to accommodate the Lexus automobile dealership are as follows: STATISTICAL ANALYSIS, PART II., COMMERCIAUPROFESSIONAL & BUSINESS OFFICES, A. Building Sites, B. Building Area, C. Building Area, D. Parking, E. Landscaped — Open Space, F. Building Heights Site 3A, the 5.2 acre portion of the project site, is deleted from all subsections to reflect the change in designation of the 5.2 -acre site from "Commercial /Professional & Business Offices" to "General Commercial; STATISTICAL ANALYSIS, PART 11., AUTO CENTER AND GENERAL COMMERCIAL [8,9] PERMITTED USES, A. Auto Center Building Sites, B. General Commercial Building Sites, C. Building Area, D. Parking, E. Landscaping — Open Space, F. Building Height "AUTO CENTER" is deleted from the heading to reflect the change in designation of the 3.0 -acre portion of the project site to "General Commercial; Subsection A, "Auto Center Building Sites', is deleted to reflect the change in the designation of the 3.0 acre portion of the project site from "Auto Center" to "General Commercial' and the letter designations of succeeding paragraphs are changed accordingly; "Site 7 ", representing the combined 5.2 -acre site and the 3.0 -acre site that comprise the 8.2 -acre project site, is added to the listing under General Commercial Building Sites and the cumulative acreage for that designation is changed accordingly; "Site 7 ", representing the combined 5.2 -acre site and the 3.0 -acre site that comprise the 8.2 -acre project site, is added to the listing under Building Area together with potential building area (141,120 sq. ft.) and site acreage (8.20) and the cumulative building areas and acreages are changed accordingly; "Site 7 ", representing the combined 5.2 -acre site and the 3.0 -acre site that comprise the 8.2 -acre project site, is added to the listing under Parkin together with the respective number of parking spaces (357 cars) and parking area (2.98 acres) and the cumulative parking spaces and parking areas are changed accordingly; "Site 7 ", representing the combined 5.2 -acre site and the 3.0 -acre site that comprise the 8.2 -acre project site, is added to the listing under )`{' Newport Lexus May 10, 2005 Page 15 of 23 Landscaping — Open Space together with potential landscaped acreage and the cumulative landscaped acreages are changed accordingly; "Site 7 ", representing the combined 5.2 -acre site and the 3.0 -acre site that comprise the 8.2 -acre project site, is added under Building Height with a maximum permissible building height of fifty -five (55) feet except for vertical projections ( "Lexus logo" tower and stairwell) which may extend to seventy -five (75) feet. PART II., COMMERCIAL, Section III., General Development Standards for Commercial, B., Signs, Ground Sian Maximum permissible height for an identification ground sign is increased from four (4) feet to six (6) feet. (As indicated above, the Planning Commission did not recommend adoption of this revision.) Land Use Plan Newport Place Planned Community The line separating the sites designated "Auto Center Site 1 B" and "Pro. & Bus. Office Site 3A" on the land use map is deleted. The designations of sites as "Auto Center Site 1 B" and "Pro. & Bus. Office Site 31" are deleted and the resultant single site is designated "General Commercial Site 7 ". The "Area Summary" is revised by increasing 7.2 ac." corresponding to "Retail /General Commercial" to 15 ac. ", by reducing the acreage corresponding to "Office" from 70.0 ac." to "65.0 ac. ", and by deleting "Auto Center" and the corresponding "3.0 ac." to reflect the combining of the 5 -acre site "Pro. & Bus. Office Site 3A" with the 3 -acre "Auto Center Site 113" into a single site that is designated as "General Commercial Site 7." Use Permit The revised "Planned Community Development Standards Newport Place" includes automobile sales and service as a use subject to approval of a Use Permit. The applicant also proposed to include a wine bar in the showroom that, pursuant to Chapter 20.89 of the City's Zoning Code, "Alcoholic Beverage Outlets ", that is also subject to a Use Permit. The Planning Commission did not recommend approval of the wine bar component of the Use Permit. Planning Commission and City Council review of the Use Permit request for the automobile dealership and the wine bar are required to ensure that the facility is designed, located, and operated in a manner compatible with nearby uses. City Council approval of these uses requires the following findings: � �J Newport Lexus May 10, 2005 Page 16 of 23 • That the proposed location for the automobile dealership is in accord with the objectives of the Zoning Code and the purposes of the district in which the proposed automobile dealership site is located; • That the propose location of the automobile dealership and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the City; and • That the proposed use will comply with the provisions of this code, including any specific condition required for the proposed use in the district in which it would be located. Use Permit — Automobile Dealership Compatibility of the proposed automobile dealership with nearby uses is a consideration in Use Permit approval. The proposed Lexus automobile dealership would be located adjacent to the rear wall of a retail commercial center that fronts on Bristol Street North and separated from office buildings that are located opposite the project site across Jamboree Road, MacArthur Boulevard, and Dove Street. The service and parking structure would be set back a greater distance from Jamboree Road and a comparable distance from Dove Street than the commercial center. Nearby office buildings are up to eight stories in height. Other parking structures in the immediate area are up to three stories. The Planning Commission recommendation includes findings that the proposed dealership facility is substantially consistent in design, quality of materials, scale, and building volume with that of nearby structures. In order to preclude use of on -site parking at nearby buildings and maintain adequate on- street parking, however, the Planning Commission added a condition of approval that the applicant must require all employees to park in designated employee parking in the dealership parking structure. The Planning Commission also included a condition requiring that vehicle test drives follow the pre- determined route described to the Planning Commission by the applicant. Vehicular access to the site is also a consideration in reviewing a request for a Use Permit. Based on a previous circulation study, vehicular access points to the project site were selected to provide safe ingress and egress. The main new vehicle customer entrance at MacArthur Boulevard was located 310 feet south of Bowsprit to avoid a conflict between vehicles entering MacArthur from Bowsprit and vehicles entering the dealership from MacArthur. The analysis included a 410 Newport Lexus May 10, 2005 Page 17 of 23 recommendation that the curb radius of the traffic island that forms the eastbound free right turn from Bowsprit Drive to MacArthur Boulevard be reduced to 35 feet to slow turning traffic to further reduce conflict between traffic entering MacArthur from Bowsprit and traffic entering the dealership from MacArthur. This improvement is included as a condition of approval for the proposed project. A weaving analysis was conducted to determine if vehicles exiting the proposed dealership onto MacArthur Boulevard and crossing to the left -turn lanes to eastbound Jamboree could safely do so. An estimated 60 vehicles at peak hour were assumed to follow this route based on the originally proposed 130,000 square -foot facility. The weaving analysis showed that this volume of traffic could safely merge with MacArthur Boulevard traffic and transition to the left -turn lanes in the distance provided between the dealership driveway and the MacArthur /Jamboree intersection. Subsequent reduction in the size of the proposed dealership to approximately 114,000 square feet and inclusion of three vehicle entrances to the site from Dove Street will further reduce the potential number of vehicles using this route (See "Revised Trip Distribution", Attachment 1). In addition, the Planning Commission recommended a condition of approval requiring signs directing drivers to exit the site onto Dove Street, rather than onto MacArthur, if intending to turn left from MacArthur onto eastbound Jamboree Road. Noise emanating from the proposed dealership is a subject for review in the application for a Use Permit. Noise sources on the project site, including the car wash near the south end of the property, were considered in the Initial Study prepared for the project as required by CEQA. No sensitive noise receptors, e.g. residences, are located in the vicinity of the proposed dealership and the Initial Study found that the highest noise levels would result from construction of the dealership facility. A condition of Use Permit approval requires that a noise study be conducted to assure that noise levels at property lines nearest the service facility and car wash comply with the City's noise standards. The proposed dealership is subject to Mitigation Measure M -XI.1 that requires that construction activities be conducted in accordance with the City of Newport Beach noise standards and that the hours of construction be limited accordingly. The Initial Study indicates that operational noise sources would be less than significant with Mitigation Measure M -XI.2 requiring noise barriers to minimize operational noise impact consistent with the City's noise standards. Nighttime lighting of the dealership site was considered for possible impacts on adjoining properties and rights -of -way as part of the EIR analysis. Although potential impacts were considered significant, implementation of Mitigation Measures M -3A.2 through M -3A.8 relating to lighting plans, fixture selection, and operational controls would minimize potential lighting and glare impacts and reduce them to a less than significant level. 1% Newport Lexus May 10, 2005 Page 18 of 23 Based on review of land use and building compatibility, of traffic considerations, and of noise and light and glare impacts indicated, the Planning Commission made findings for approval of a Use Permit for the automobile dealership. The findings are included in the resolution recommending subsequent City Council approval. Use Permit —Wine Bar The applicant's proposal to include a wine bar in the new car showroom is subject to the findings required for a Use Permit as well as those of Chapter 20.89 of the Zoning Code, "Alcoholic Beverage Outlets ". A license from the California Department of Alcoholic Beverage Control would also be required. Approval of the wine bar use is subject to City Council consideration of the following: Whether the use serves public convenience or necessity. • The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. • The number of alcohol licenses per capita in the reporting district and in adjacent reporting district as compared to the county -wide average. • The numbers of alcohol - related calls for service, crimes or arrests in the reporting district and in adjacent reporting districts. • The proximity of the alcoholic beverage outlet to residential districts, day care centers, park and recreation facilities, places of religious assembly, and school. The applicant proposed to include the wine bar (Hospitality Room) in the dealership facility as an adjunct to the new vehicle sales and delivery process. Customers would be offered a glass of wine as vehicle purchase documents are prepared and the new vehicle is prepared for delivery. The City of Newport Beach Police Department compiled information relative to the crime rate in the area, the number of existing alcohol licenses, and the numbers of alcohol - related calls in the vicinity (Attachment 2). The nearest residential district is located in the Back Bay area three - tenths of a mile west of the site across Bristol Street and the 73 Toll Road. The nearest daycare center is located at Bristol and Birch, approximately 0.6 miles. Newport Christian School at 1000 Bison is approximately 1.5 miles south of the site. East Bluff Elementary is located at 2627 Vista Del Oro, approximately 1.5 miles to the southwest. No churches are located within a mile and a half of the subject i Newport Lexus May 10, 2005 Page 19 of 23 property. Bonita Creek Park is located 0.6 miles to the south, Upper Newport Bay Regional Park is located 0.4 mile to the southwest, and the University of California — Irvine Nature Reserve is located 0.4 mile due east. Conditions of approval for the wine bar use were proposed as follows: 1. The applicant may serve a glass of beer or wine only upon request by a customer. 2. Only customers 21 years of age or older will be served. 3. A customer requesting a glass of beer or wine will be required to provide the dealership receptionist with his /her driver's license for verification that the customer is 21 years of age or older. 4. The receptionist will provide such customer with a voucher for a glass of beer or wine, shall note the time at which the voucher is provided, and shall retain customer's drivers license until the customer departs the dealership. 5. A salesperson will then pour a 6 -ounce serving of beer or wine and serve it to the customer. 6. No more than one 6 -ounce serving will be provided to any customer in any one -hour period and the receptionist shall ensure that no customer receives more than one 6 -ounce drink in any one -hour period. After considering the proposed wine bar use, the information provided by the Newport Beach Police Department, and the proximity to other uses as required by Chapter 20.89, the Planning Commission concluded that the wine bar is not compatible with the sales and servicing of automobiles and the applicant verbally consented to delete the wine bar from the project. Modification Permit Zoning Code Chapter 20.93 authorizes granting of a Modification Permit whenever strict application of provisions of the Zoning Code "... would preclude a reasonable use of property not otherwise permissible under existing regulations... " Among the regulations subject to the Modification Permit process are those applicable to required building setbacks in front, side or rear yards. A Modification Permit may be approved upon findings that the proposed building would not be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood, would not be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and that the proposed modification is consistent with the legislative intent of the Zoning Code. 19 Newport Lexus May 10, 2005 Page 20 of 23 Consistent with this process, the applicant is requesting a Modification Permit to allow encroachment of vehicle display areas at the Jamboree Road frontage into the required landscaped yard, to allow encroachment of eight (8), circular vehicle display pads into required landscaped yards at Jamboree Road, MacArthur Boulevard, and Dove Street, to allow encroachment of the dealership showroom into the required yard at Dove Street, and to allow a site screening wall and tire and new and waste oil storage to encroach into the required yard opposite the service facility at the Dove Street frontage. As indicated in the Project Description section of this report, minimum landscaped front yards of 30 feet are required by the PC Text at both the MacArthur and Jamboree ( "Special Landscaped Streets') frontages. The landscaped front yard shown on the project plans along MacArthur, measured from right -of -way line, varies from 18' at the fountain to 25'— 10 '' /z" at the outdoor automobile display area adjacent to the service building, to 26' near the Jamboree /MacArthur intersection, and to a maximum of 52' — 6" at the south property line. Future right -of -way dedication will reduce the depth of the front yard at the automobile display next to the service building to 19' 5 '/2 ". The southwesterly corner of the showroom building encroaches approximately two feet into the required 30' yard at Dove Street. A 10 -foot high screening wall is to be located 10 feet from the Dove Street property line within the required minimum 30 -foot yard. The wall is proposed to screen the service building, and tire and vehicle fluid storage areas proposed within the 30 -foot yard from Dove Street. To partially compensate for reduction in the depth of the landscaped front yard at this location, the Planning Commission added a condition requiring that trees in the setback be minimum 36 -inch box and that shrubs be minimum 5- gallon in size. As previously noted, easements for a water line and a storm drain bisect the proposed dealership site. The possible need for future repair or replacement of these lines by the City of Newport Beach requires that sufficient access be maintained and that no building or structure block this access. This access effectively precludes development on a 60 foot -wide portion of the site stretching from Jamboree Road to Dove Street. Compliance with minimum required building setbacks at each of the three streets abutting the site further limit the area available for development and the possible configuration of buildings. The site plan reflects the applicant's best effort to incorporate minimum required building areas for dealership functions consistent with the intent of the Zoning Code. Traffic Study The Planning Commission recommended City Council approval of the Traffic Study prepared according to Municipal Code Chapter 15.40, Traffic Phasing Ordinance (TPO). The TPO requires the Traffic Study as a basis for evaluating zkb Newport Lexus May 10, 2005 Page 21 of 23 traffic impacts of the project, of identifying improvements needed to accommodate project traffic, and of ensuring that improvements are made or funded by the project proponent in a manner roughly proportional to the impacts of the project. A Traffic Study was conducted for the 130,000 square -foot dealership project and for the 117,000 square -foot Reduced Project Alternative (See draft Final EIR for TPO Analysis). The results of the Reduced Project Alternative TPO analysis approximate and marginally overestimate the traffic impacts of the smaller dealership now proposed by the applicant. Accordingly, the results of the Reduced Project Alternative TPO analysis are applicable and summarized here. Because the traffic impacts of the Reduced Project Alternative would be reduced from those of the 130,000 square -foot project, only intersections shown to be affected by the larger project were analyzed in the Reduced Project Alternative Traffic Study. Consistent with the TPO, project trips that would exceed one percent of peak hour vehicle movements on any intersection approach and would cause or make worse an unacceptable level of service at an impacted intersection represent a significant TPO impact. As indicated in Table 4 -1 of the FEIR, the only significant TPO impact would be at the intersection of Irvine Avenue and Mesa Drive where the evening peak hour Intersection Capacity Utilization (ICU) would increase from 0.98 to 0.99, thus worsening an unacceptable level of service. The TPO requires that the project proponent either complete improvements or participate in funding of improvements to the Irvine Avenue /Mesa Drive intersection commensurate with project impacts. Required improvements are set forth in FEIR Mitigation Measure M -3C.1: "To mitigate the TPO impact: Restripe the westbound approach at the intersection of Irvine Avenue and Mesa Drive to provide one left -turn lane, one shared through /left hand and one right -turn lane. In addition, necessary signal modifications will be made to implement split -phase signal operation on the east -west approaches." City Council approval of the Traffic Study as conforming to the requirements of the TPO is appropriate upon findings that: 1) A traffic study was prepared in compliance with the TPO; 2) Based on the evidence including the traffic study, construction of the project will be completed within sixty (60) months of approval; and 3) The project including circulation improvements that the project proponent is required to fund will neither cause nor make worse an unsatisfactory level of traffic service at any intersection. 2t Newport Lexus May 10, 2005 Page 22 of 23 The project proponent intends to complete construction within eighteen (18) months of project approval. As indicated above, the project proponent will be required to implement FEIR Mitigation Measure M -3C.1 that will restore the ICU at the Irvine Ave /Mesa Drive intersection to an acceptable level. City Council approval of the project Traffic Study as conforming to the TPO is appropriate. CONCLUSION: After reviewing the project plans and elevations and the Final Environmental Impact Report (EIR), General Plan Amendment (GPA), Planned Community (PC) Text Amendment, Use Permit (UP), Modification Permit, and Traffic Study, and the Planning Commission recommendation and after receiving public comments, the City Council may adopt a resolution certifying the Final EIR and approving the GPA, the UP, the Modification Permit, and the Traffic Study for the Newport Lexus automobile dealership and Ordinance No. adopting the revised PC Text. Prepared by: Submitted by: � � lbhV Lepo 1 O , f� ,/ Patricia Temple ogle- Irelan , Inc. 'r jyj° Planning Director ram] Newport Lexus May 10, 2005 Page 3 of 23 Attachments: 1. Revised Trip Distribution 2. Newport Beach Police Department Memorandum 3. City Council Resolution No. 4. City Council Resolution No. 5. Ordinance No. 6. Planning Commission Resolution No. 7. Plans and Elevations 8. Charter Section 423 Analysis 9. Letter from Robert J. Matthews 10. Response to letter from Robert J. Matthews 43 Newport Lexus May 10, 2005 Page 1 of 1 Attachment 1 REVISED TRIP DISTRIBUTION The assumptions for project traffic distribution at the site driveways for the Newport Lexus project have been modified to account for the final site plan design and on -site circulation layout. The layout for the dealership has been refined to provide adequate on -site storage for the service operation, and to separate service traffic from the sales display area. The entry and exit for the service area will be located on Dove Street, aligned with the existing Quail Street. The sales area, at the north end of the site, will be served by two driveways — one right -in /right -out only driveway on MacArthur Boulevard, and one full - movement driveway on Dove Street. With this site circulation layout, the original trip distribution estimates have been revised to acknowledge that more people will use the Dove Street driveways and fewer will use the MacArthur Boulevard driveway. Lexus management estimates that 70% of their daily activity is service related, and the remaining 30% is sales related. With this breakdown, it can first be assumed that the 70% service traffic will all use the service drive on Dove Street. In addition, all service and sales employees will come and go via the Dove Street driveways. And finally, a portion of the sales customers can be assumed to come and go via the sales driveway on Dove Street. This drive is particularly attractive for customers destined for Costa Mesa or Huntington Beach. The portion of site traffic exiting the site via the MacArthur driveway is estimated to be 20 %. The overall site trip distribution shows that only 20% of the MacArthur Boulevard driveway traffic is anticipated to want to turn left at Jamboree. Thus it is forecast that only 4% of the total project traffic will exit the MacArthur Boulevard driveway and merge across traffic to get into the left -turn lane at Jamboree. -zq Newport Lexus May 10, 2005 Page 1 of 3 Attachment 2 City of Newport Beach Police Department Memorandum April 13, 2005 TO: David Lepo, Staff Planner FROM: CSO Susan Seviane SUBJECT: Newport Lexus — Use Permit No. 2004 -026 At your request our office has reviewed the project review for Newport Lexus, located at 848, 888 Dove Street and 3901, 3931, 3961 MacArthur Boulevard, Newport Beach, CA. The proposed Newport Lexus automobile dealership includes a showroom (approx. occ. 10) and outside patio (approx. occ. 20) to allow the sale of alcoholic beverages for On- Sale Beer and Wine Public Premises (Type 42 license). Per Mr. Casey Griffin, Project Manager, the dealership would like their customers to be able to enjoy a glass of wine while waiting for the purchase of their new Lexus and /or vehicle being serviced. The projected opening is November 2006. The applicant will apply for a Type 42 On -Sale Beer and Wine Public Premises license with ABC upon approval by the Planning Commission. While the location is not in a high impact zone the Police Department believes the sale and consumption of alcoholic beverages is inherently incompatible with the test driving, sale and drive off of newly purchased vehicles or vehicles being serviced, and recommends the application be denied. We have included a report by Police Department Crime Analyst Paul Salenko that provides detailed statistical information related to calls for service in and around the applicant's place of business. Slans and Displays Advised that any signs and displays would need to conform to city requirements. Hours of Operation: Hours of operation 9:00 am to 11:00 pm daily. Preventive Deslaw. ZS Newport Lexus May 10, 2005 Page 2 of 3 The Police Department has no recommendations. Security: The Police Department has no recommendations. Employee Training: Require all owners, managers and employees serving and /or selling alcoholic beverages to undergo and successfully complete a certified training program in responsible methods and skills for serving and selling alcoholic beverages. Additional Comments: The Police Department objects to the operation as described by the applicants. However, in the event of approval of the CUP, the ABC license should be conditioned as necessary to maintain the health, safety and welfare of the community. In the event this application is approved, staff may also want to consider establishing conditions that would require Special Event Permit. A Special Event Permit may be required for any event or promotional activity outside the normal operational characteristics of the proposed operation. For example, events likely to attract large crowds, or events for which an admission fee is charged, those that include any form of party or contract promoters, or any other activities as specified in the Newport Beach Municipal Code to require such permits. It may also be appropriate to establish conditions that would address possible future uses in the event this business evolves towards a traditional bar -type establishment. 2(0 Newport Lexus May 10, 2005 Page 3 of 3 In addition the Police Department believes the following condition would be appropriate for the Conditional Use Permit for the business: 1. Approval does not permit the premises to operate as a bar tavern, cocktail lounge or nightclub as defined by the Municipal Code, unless the Planning Commission first approves a Use Permit. 2. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the license. 3. No "happy hour' type of reduced price alcoholic beverage promotion shall be allowed except when served in conjunction with food ordered from the full service menu. 4. There shall be no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. 5. Petitioner shall not share any profits, or pay any percentage or commission to a promoter or any other person, based upon moneys collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders or the sale of drinks. 6. There shall be no on -site radio, television, video, film or other electronic media broadcasts, including recordings for the broadcast at a later time, which include the service of alcoholic beverages, without first obtaining an approved Special Event Permit as issued by the City of Newport Beach. 7. There shall be no dancing allowed on the premises. 8. There shall be no live entertainment of any type on the premises at any time. 9. Sales, delivery and consumption of alcoholic beverages will be restricted to and within the confines of the building portion of the premises. If you may have any questions, please do not hesitate to contact me at (949) 644 -3705. Susan Seviane, Community Service Officer Vice and Intelligence Unit 2-7 Newport Lexus May 10, 2005 Page 1 of 4 Attachment 3 RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH CERTIFYING THE ENVIRONMENTAL IMPACT REPORT AND ADOPTING A MITIGATION MONITORING PROGRAM REGARDING THE NEWPORT LEXUS AUTOMOBILE DEALERSHIP FOR PROPERTY LOCATED AT 848 & 888 DOVE STREET AND 3901, 3931, & 2961 MACARTHUR BOULEVARD (PA 2004 -153) WHEREAS, an application was filed by Wilson Automotive Group for property identified as 848 & 888 Dove Street and 3901, 3931, & 3961 MacArthur Boulevard located at the southwesterly corner of the intersection of MacArthur Boulevard and Jamboree Road. The application requests approval of: a General Plan Amendment to change the land use designation from "Administrative, Professional and Financial Commercial' to 'Retail and Service Commercial' for the 5 -acre northerly portion of the site and establish a maximum developable gross floor area of 139,000 square feet for the entire 8 -acre project site; an amendment to the Newport Place Planned Community Development Standards to change the designation of the 3 -acre southerly portion from "Auto Center Site" to "General Commercial' and combine the 3 -acre site and the 5 -acre site into a single site designated Site 7 and to revise use and development regulations in the Planned Community Text to allow construction of a 114,485 square -foot automobile dealership comprised of a 42,142 square -foot automobile showroom building and a 72,343 square -foot service department facility; a Use Permit as required by the Planned Community Text for an automobile dealership and for a wine bar pursuant to the Alcoholic Beverage Ordinance; a Modification Permit to allow encroachment of vehicle display areas into required landscaped yards, encroachment of eight (8) new vehicle display pads into required yards, and encroachment of a screening wall and tire and fluid storage areas into a required yard; and, a Traffic Study pursuant to the Traffic Phasing Ordinance. WHEREAS, in accordance with California Environmental Quality Act (CEQA) requirements, a Notice of Preparation (NOP) was filed with the State Clearinghouse, which assigned State Clearinghouse No. 2004081004. WHEREAS, the NOP and an Initial Study were distributed to all responsible and trustee agencies and other interested parties for a 30 -day public review period commencing on August 2, 2004 and ending on September 1, 2004. WHEREAS, in accordance with CEQA requirements, a Notice of Completion (NOC) of a Draft Environmental Impact Report (DEIR) was filed with NEW Newport Lexus May 10, 2005 Page 2 of 4 the State Clearinghouse, and the Draft EIR was distributed to agencies, interested organizations, and individuals by the City. The distribution list is available at the City of Newport Beach Planning Department. The Draft EIR dated November 2004 was distributed separately due to bulk and is hereby designated as Exhibit EIR 1. WHEREAS, a 45 -day public review period for the Draft EIR was established pursuant to State law, which commenced on November 29, 2004 and ended on January 12, 2005. WHEREAS, all comments received during the public review period for the Draft EIR were responded to in the Response to Comments document. The Response to Comments document was distributed separately due to bulk and is hereby designated Exhibit EIR -2. WHEREAS, on April 21, 2005, the Planning Commission held a public noticed public hearing at which time the final Environmental Impact Report, comprised of the Draft Environmental Impact Report, a listing of persons and organizations that provided written comments on the Draft Environmental Impact Report during the public circulation period, a compilation of the these comments, and responses to those comments, was considered. Notice of time, place and purpose of the public hearing was duly given and testimony was presented to and considered by the Planning Commission at the hearing. WHEREAS, at the conclusion of the public hearing, the Planning Commission adopted Resolution No. 1665, recommending that the City Council certify the EIR as complying with the requirements of CEQA. WHEREAS, the Final Environmental Impact Report identifies potential significant impacts to the environment and certain mitigation measures designed to reduce or avoid these impacts to a less than significant level. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach has reviewed and considered the information in the Final EIR, and in the full administrative record, prior to taking any action on the project. The documents and other material that constitute the record of proceedings on which the City Council's Findings and decision are based are located at Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California 92658. The custodian for these documents is the Planning Department Executive Secretary. This information is provided in compliance with Public Resources Code section 21081.6(a)(2) and CEQA Guidelines section 15091(e). The following documents are also attached to this resolution for ease of reference, and by reference made part of this Resolution. 1Z Newport Lexus May 10, 2005 Page 3 of EIR-1 Draft Environmental Impact Report (Distributed separately due to bulk. Available for public review at the City's Planning Department.) EIR-2 Responses to Comments on Draft EIR dated March 2005 and Errata to Responses to Comments. BE IT FURTHER RESOLVED that the City Council does hereby make the findings attached to this resolution as Exhibit "A" and certifies as follows: 1. That the Newport Lexus Environmental Impact Report (State Clearinghouse No. 2004081004) has been prepared in compliance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines. 2. That the EIR reflects the City Council's independent judgment and analysis. BE IT FURTHER RESOLVED that the City Council does hereby adopt the Mitigation Monitoring Program attached to this resolution as Exhibit "B ". ADOPTED this 10"' day of May 2005 by the following vote, to wit: 30 Newport Lexus May 10, 2005 Page 4 of 4 AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT, COUNCIL MEMBERS ��- ATTEST: CITY CLERK 31 Newport Lexus May 10, 2005 Page 1 of 1 E I R -1 Draft Environmental Impact Report for Newport Lexus SCH #2004081004 (Provided Separately Due to Bulk) 32 Newport Lexus May 10, 2005 Page 1 of 1 EIR -2 Responses to Comments on the Draft Environmental Impact Report (Provided Separately Due to Bulk) Errata Draft Environmental Impact Report, November 2004 p. 3D -13 Under the heading "Remaining Impacts" at the top of the page, the last two sentences of the paragraph are revised as follows (new text is underlined): Estimated daily average construction emissions would not exceed significance thresholds set by the SCAQMD. Impacts would be less than significant. Response to Comments, March 2005 p. 17, response to comment 2 -5, all text after the first sentence of the response is replaced with following: The first sentence is being deleted because this sentence created confusion regarding whether project alternatives needed to be considered. Pursuant to, CEQA Guideline Section 15126.6, alternatives to the project must be considered. A range of reasonable alternatives including the "No Project' and 'Reduced Project" were evaluated in the Draft EIR. The Reduced Project Alternative analyzed in the EIR fully addresses requirements of CEQA Section 15126.6. ;�3 Newport Lexus May 10, 2005 Page 1 of 8 Exhibit "A" EIR Findings and Facts in Support of Findings for Newport Lexus (SCH #2004081004) The Newport Lexus (Project) Environmental Impact Report ( "EIR "), State Clearinghouse Number 2004081004, has been completed in accordance with the requirements of the California Environmental Quality Act, Public Resources Code § §21000 et seq. ( "CEQA "). The subject document, constituting the Final EIR consists of two volumes: Volume 1 is the Draft EIR in full including appendices. Volume 2 contains the comments received on the Draft EIR and responses to each comment including modifications incorporated into the Draft EIR. Findings and Facts in Support of Findings are required by Public Resources Code Section 21081 to identify each potentially significant impact identified in the EIR and indicate the means by which each is to be avoided or reduced to a less than significant level. Section 15091 of the CEQA Guidelines requires that the public agency approving or carrying out the Project shall make written findings for each significant impact identified in the EIR. These findings include one of the following: 1. Changes or alterations have been required to, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as defined in the EIR. 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. 3. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR. These findings accomplish the following 1. They address the significant environmental effects identified in the EIR for the approved project. 2. They incorporate all mitigation measures associated with these significant impacts identified in the Final EIR. 3. They indicate whether a significant effect is avoided or reduced by the adopted mitigation measures to a less than significant level, or remain significant and unavoidable, either because there are no feasible mitigation 34 Newport Lexus May 10, 2005 Page 2 of 8 measures or because, even with implementation of mitigation measures, a significant impact will occur. The conclusions presented in these findings are based on the Final EIR and other evidence in the record of proceedings. To the extent that these findings conclude that various proposed mitigation measures outlined in the Final EIR are feasible and have not been modified, superseded, or withdrawn, the City Council hereby implements these mitigation measures and incorporates these measures into the Project. The mitigation measures identified as feasible and within City Council authority to implement for the Project are express conditions of approval which the City Council binds itself to upon adoption of this resolution and project approval. Other requirements are referenced in the Mitigation Monitoring and Reporting Plan (MMRP), adopted concurrently with these findings, and become effective upon project implementation (Exhibit B). Impacts found to be LESS THAN SIGNIFICANT with incorporation of MITIGATION MEASURES The Final EIR identifies significant impacts that are reduced to a "less -than- significant" level by the inclusion of the mitigation measures identified in the Final EIR. Changes or alterations have been required in, or incorporated into, the Project, which avoid or substantially lessen the significant environmental effects identified in the Final EIR to a less- than - significant level. These changes and alterations are set forth in the MMRP, which the City Council is adopting concurrently with these findings. Aesthetics and Land use The Final EIR concludes in Impact 3A1 that the proposed project would not have a substantial adverse effect on a scenic vista, damage a scenic resource and/or degrade the existing visual character or quality of the site. Development of the project would result in an overall increase in building intensity on the site and would also include rooftop parking, which would be visible to occupants in taller neighboring buildings. The inclusion of mitigation measure M -3A.1 would reduce this impact to less than significant. Finding: The identified mitigation measure is incorporated into the Project requiring the applicant to submit design plans to the City for review in order to ensure consistency with the surrounding area and all conditions of approval. The mitigation measures would be implemented by the Newport Beach Planning Department . With this mitigation incorporated, the City Council finds that the identified impact is reduced to a less than significant level. 3S Newport Lexus May 10, 2005 Page 3 of 8 The Final EIR concludes in Impact 3A3 that redevelopment of the project site with the proposed project would increase light and glare at the project site. The proposed project would require nighttime building lighting, security lighting and landscape lighting all of which would be detectable from the surrounding areas. The Final EIR identifies mitigation measures M -3A -2 through M -3A -8 to ensure that lighting impacts are less than significant. Finding: The identified mitigation measures are incorporated into the Project. The mitigation measures would be implemented by the City of Newport Beach Planning Department. With this mitigation incorporated, the City Council finds that the identified impact is reduced to a less than significant level. The Final EIR concludes in Impact 3A4 that the proposed project would require revisions to local land use plans, specifically the Planned Community Development Standards for Newport Place. The Final EIR identifies mitigation measures M -3A.9 and M -3A -10 which require the applicant to apply for a Use Permit and submit project plans to the FAA for evaluation, to ensure that the project would be consistent with local land use plans. Finding: The identified mitigation measures are incorporated into the Project. The mitigation measures would be implemented by the City of Newport Beach Department of Public Works. With this mitigation incorporated, the City finds that the identified impact is reduced to a less than significant level. Hydrology, Water Quality and Storm Water The Final EIR concludes in Impact 361 that the proposed project could generate a number of general pollutants associated with its use as an automobile dealership. Construction activities associated with the Project may impact water quality due to sheet erosion of exposed soils and disposition of particles and pollutants in drainage areas. The use of materials such as fuels, solvents and paints also present a risk to surface water quality due to an increased potential for non - visible pollutants entering the storm drain system. Compliance with the City of Newport Beach Municipal Code and preparation of a SWPPP for NPDES compliance would help reduce impacts. The Final EIR also identifies mitigation measures M -313.1 and M -36.2 which require proof of filing for an NOI with the SWRCB and preparation of a WQMP prior to issuance of a grading permit. Finding: The identified mitigation measures are incorporated into the Project. The mitigation measures would be implemented by the Newport Beach Planning Department. With this mitigation incorporated, the City Council finds that the identified impact is reduced to a less than significant level. 0 Newport Lexus May 10, 2005 Page 4 of 8 The Final EIR concludes in Impact 3B4 that the proposed project could have a significant impact on groundwater quality. The use of materials such as fuels, solvents and paints, as well as the potential of leakage from on site storage tanks present a risk to surface water quality due to an increased potential for pollutants entering the storm drain system. The Final EIR identifies mitigation measure M- 3B.2 which requires the applicant to have approval for a WQMP prior to the issuance of a grading permit. Finding: The identified mitigation measures are incorporated into the Project. The mitigation measures would be implemented by the Newport Beach Planning Department. With this mitigation incorporated, the City Council finds that the identified impact is reduced to a less than significant level The Final EIR concludes in Impact 3B5 that the proposed project would contribute small quantities of contaminants to the overall runoff reaching the San Diego Creek, when added to the contributions of the related projects; the Project would not have a cumulatively considerable impact on hydrology and water quality in the project area. To further minimize impacts the Final EIR identifies mitigation measures M -3B.1 and M -3B.2 which require proof of filing for an NOI with the SWRCB and preparation of a WQMP prior to issuance of a grading permit. Finding: The identified mitigation measures are incorporated into the Project. The mitigation measures would be implemented by the Newport Beach Department of Public Works. With this mitigation incorporated, the City Council finds that the identified impact is reduced to a less than significant level. Transportation/traffic The Final EIR concludes in Impact 3C1 that implementation of the proposed project would result in a significant impact at two area intersections, MacArthur Boulevard and Jamboree Road and Irvine Avenue and Mesa Drive. Therefore, the Final EIR identifies mitigation measures M -3C.1 and M -3C.2 which include improvements to both intersections to mitigate the TPO and CEQA impacts of the project. In addition, a Reduced Project Alternative was identified. That alternative is the same as the Proposed project except that it is 13,000 square feet smaller and does not impact the intersection of MacArthur Boulevard and Jamboree Road. The Reduced Project Altemative is now the proposed project; thus, Mitigation measure M -3C.2 is not necessary. Finding: The identified traffic mitigation measure, except for measure M -3C.2 which is not necessary with the reduced Project Alternative, are also incorporated into the Project. The mitigation measures would be implemented by Q Newport Lexus May 10, 2005 Page 5 of 8 the Newport Beach Planning Department. With this mitigation incorporated, the City Council finds that the identified impact is reduced to a less than significant level. The Final EIR concludes in Impact 3C2 that the proposed Project would provide adequate parking supply. Thirty-two onsite parking spaces are provided for customers while eight spaces are provided for vendors and over two hundred employee spaces would be provided. The Final EIR identifies mitigation measure M -3C.3 which requires that the proposed project comply with Newport Beach Municipal Code (Section 20.66.050) parking requirements and would ensure impacts would be less than significant. Finding: The identified mitigation measure is incorporated into the Project. The mitigation measures would be implemented by the Newport Beach Planning Department. With this mitigation incorporated, the Council finds that the identified impact is reduced to a less than significant level. The Final EIR concludes in Impact 3C3 that the proposed project would not create a hazard due to a design feature. The intersection of Bowsprit Drive and MacArthur Boulevard currently operates as an unsignalized intersection with a free -flow right turn lane. The Final EIR identifies mitigation measure M -3C.4 which requires the project applicant to make improvements to the intersection of Bowsprit Drive and MacArthur Boulevard. With implementation of this mitigation measure the proposed project would not create a hazard due to a design feature. Finding: The identified mitigation measure is incorporated into the Project. The mitigation measures would be implemented by the Newport Beach Department of Public Works. With this mitigation incorporated, the Council finds that the identified impact is reduced to a less than significant level. The Final EIR concludes in Impact 3C6 that the proposed project would contribute to deterioration of levels of service at area intersections when combined with other area projects. Therefore, the Final EIR identifies mitigation measures M -3C.1 and M -3C.2 which require improvements to the intersection of MacArthur Boulevard and Jamboree Road and Irvine Avenue and Mesa Drive. With implementation of these mitigation measures impacts would not be cumulatively considerable. Finding: The identified mitigation measure is incorporated into the Project. The mitigation measures would be implemented by the Newport Beach Department of Public Works. With this mitigation incorporated, the Council finds that the identified impact is reduced to a less than significant level. N Newport Lexus May 10, 2005 Page 6 of 8 Air Quality The Final EIR concludes in Impact 3D2 that construction of the proposed project would generate air emissions including 1) dust generated from grading and site preparation; 2) hydrocarbon emissions form paint and asphalt; 3) exhaust from powered construction equipment; and 4) motor vehicle emissions associated with construction activities, haul trucks and worker commute. Therefore, the Final EIR includes mitigation measures M -3D.1 through M -3D.12 which would minimize fugitive dust and vehicle exhaust. With implementation of these mitigation measures impacts relating to construction would be reduced to less than significant. Finding: The identified mitigation measures are incorporated into the Project. The mitigation measures would be implemented by the Newport Beach Planning Department. With this mitigation incorporated, the Council finds that the identified impact is reduced to a less than significant level. Impacts Found to be LESS THAN SIGNIFICANT without MITIGATION The Final EIR identifies impacts that are considered to be "less than significant' and do not require the adoption of mitigation measures. It is hereby determined that the following environmental impacts of the Project will be less than significant. Aesthetics and Land Use The Final EIR concludes in Impact 3A2 that the proposed project would be consistent with established plans and policies concerning visual resources. The proposed project would adhere to the requirements of the Newport Place Planned Community guidelines for the proposed project site. Therefore, the design of the proposed project would be consistent with existing and future design guidelines as determined by the City of Newport Beach. Finding: The City Council finds that Impact 3A3 is less than significant, and no mitigation measures are required. The Final EIR concludes in Impact 3A5 that the proposed project would not have a cumulative aesthetic impact when combined with other area projects. Area projects identified include commercial /mixed use and residential projects. This development is occurring in an area that has already been impacted by urban development. Therefore, the proposed project, in conjunction with other area projects would not have a cumulative impact on aesthetics. 31 Newport Lexus May 10, 2005 Page 7 of 8 Finding: The City Council finds that Impact 3A5 is less than significant, and no mitigation measures are required. Hydrology, Water Quality and Storm Water The Final EIR concludes in Impact 3132 that the proposed project would not deplete groundwater supplies or interfere with groundwater recharge. The existing site is approximately 95 percent impervious surface while the proposed site would be approximately 90 percent impervious. The proposed project will neither significantly increase, nor reduce, the opportunity for groundwater recharge from existing conditions. Finding: The City Council finds that Impact 3132 is less than significant, and no mitigation measures are required. The Final EIR concludes in Impact 3133 that proposed alterations to the existing drainage pattern would not exceed the capacity of existing or planned storm drains and produce flooding on or off site. Temporary changes would occur to the drainage system due to construction on site that would not be significant, as runoff would continue to drain through the existing conveyances. Proposed changes would result in shorter travel distance for runoff; however, these changes would result in insignificant capacity increases to the existing storm drains. Finding: The City Council finds that Impact 3133 is less than significant, and no mitigation measures are required. Transportation/Traffic The Final EIR concludes in Impact 3C4 that the proposed project would provide adequate emergency access. The proposed project design would be in compliance with Fire Department requirements regarding emergency vehicle access. Finding: The City Council finds that Impact 3C4 is less than significant, and no mitigation measures are required. The Final EIR concludes in Impact 3C5 that proposed projects would not exceed levels of service established by the County Congestion Management Agency. Traffic analysis for the proposed project has been carried sufficiently far enough so as to extend beyond the three percent range required by the CMP and will not cause any CMP intersection to operate at a deficient Level of Service. 4:0 Newport Lexus May 10, 2005 Page 8 of 8 Finding: The City Council finds that Impact 3C5 is less than significant, and no mitigation measures are required. Air Quality According to the Final EIR Impact 3D1, the proposed project would be consistent with the Air Quality Management Plan (AQMP). The development of the proposed project would be consistent with urban development assumed in the City of Newport Beach General Plan and SCAG population projections. The proposed project does not meet the criteria for regional significance as outlined in CEQA section 152006(b). Finding: The City Council finds that Impact 3D1 is less than significant, and no mitigation measures are required. According to Impact 3D3, the proposed project would generate mobile sources emissions resulting from project operation. However, estimated daily average emissions would not exceed significance thresholds set by the South Coast Air Quality Management District (SCAQMD). Therefore, operational emissions would be considered a less than significant impact to air quality. Finding: The City Council finds that Impact 3D3 is less than significant, and no mitigation measures are required. Significant Unavoidable Impacts The Final EIR concludes that no significant impacts would remain after implementation -of the identified mitigation measures. Therefore, the Project would not require adoption of a Statement of Overriding Considerations. Findings Concerning Alternatives The Final EIR evaluates two project Alternatives. The Reduced Project Alternative was identified as the environmentally superior alternative and is now the preferred Project. That alternative is the same in all respects as the Project, except that it would be 13,000 square feet smaller than the originally proposed project. This alternative eliminates the one CEQA traffic impact (at the intersection of MacArthur Boulevard and Jamboree Road), and is now the preferred project. 4( Newport Lexus May 10, 2005 Page 1 of 10 Exhibit "B" Mitigation Monitoring Program for Newport Lexus (SCH#2004081004) Aesthetics and Land Use Impact 3A1: Impacts to scenic vistas, scenic resources, existing visual character and quality. • M -3AA In accordance with the City of Newport Beach General Plan and "Planned Community Development Standards, Newport Place," the applicant shall submit design plans to the City of Newport Beach for review to ensure consistency with the surrounding area and all conditions of approval. MONITORING AND REPORTING MONITORING MONITORING SCHEDULE ACTIONS RESPONSIBILITY Maintain record of oversight for Newport Beach Prior to project construction. administrative record. Department of Planning Impact 3A3: Impacts associated with new sources of light and glare that could affect surrounding uses. M -3A.2: All lighting fixtures shall be consistent with Illuminating Engineering Society of North America ( IESNA) "sharp cut -off' fixtures, and will be fitted with flat glass lenses and internal and external shielding. M -3A.3: All fixtures shall be parallel with the finished grade of the project site; no fixtures shall be tilted above a 90- degree angle. M -3A.4: Lighting levels will be appropriately designed to fall within the IESNA recommendation for automobile dealerships. M -3A.5: Site lighting systems and showroom lighting shall be grouped into control zones to allow for open, closing and night light/security lighting schemes. All control groups shall be controlled by an automatic lighting control system utilizing a time clock; photocell, and a low voltage relays. 4a Newport Lexus May 10, 2005 Page 2 of 10 M -3A.6: Design and layout of the site shall take advantage of landscaping, on -site architectural massing, and off -site architectural massing to block light sources and reflection from cars. M -3A.7: The applicant shall submit a lighting plan and photometric plan to be reviewed by the City of Newport Beach. The lighting plan shall include design features (such as those mentioned above) to minimize impacts of light and glare on the surrounding area. M -3A.8: A post - installation inspection will be required to ensure that the site is not excessively illuminated at that illuminations lighting sources are properly shielded. MONITORING AND REPORTING ACTIONS Monitor compliance with construction contract specifications. Maintain record of oversight for administrative record MONITORING MONITORING SCHEDULE RESPONSIBILITY Newport Beach Prior to and during Department of construction Planning Impact 3A4: Consistency with local land use policies and plans. • M -3A.9: The applicant shall apply for a Use Permit from the City to allow the proposed use on the site. The City shall amend the text of 'Planned Community Development Standards, Newport Place" to reflect the proposed use on the site and incorporate development standards reflecting the highest level of improvements as now exist in the project area. MONITORING AND REPORTING ACTIONS Maintain record of oversight for administrative record. MONITORING RESPONSIBILITY Newport Beach Department of Planning Hydrology, Water Quality and Storm Water Impact 361: Impacts on water quality standards. MONITORING SCHEDULE Prior to project construction. 43 Newport Lexus May 10, 2005 Page 3 of 10 M -36.1: Prior to the issuance of a grading permit by the City, the applicant shall provide proof of filing for an NOI with the SWRCB and prepare a project SWPPP that will describe the BMPs to be implemented during project construction. M -36.2: Prior to the issuance of a grading permit by the City, the applicant shall have an approved WQMP. The WQMP shall identify the site design, source control and treatment control BMPs that will be implemented on the site to control predictable pollutant runoff, including operations and maintenance plan for the prescribed structural BMPs to ensure their long -term performance. MONITORING AND REPORTING MONITORING ACTIONS RESPONSIBILITY Maintain record of oversight for Newport Beach administrative record. Department of Planning Impact 3134: Impacts on groundwater quality. MONITORING SCHEDULE Prior to project construction. M -36.1: Prior to the issuance of a grading permit by the City, the applicant shall provide proof of filing for an NOI with the SWRCB and prepare a project SWPPP that will describe the BMPs to be implemented during project construction. M -36.2: Prior to the issuance of a grading permit by the City, the applicant shall have an approved WQMP. The WQMP shall identify the site design, source control and treatment control BMPs that will be implemented on the site to control predictable pollutant runoff, including operations and maintenance plan for the prescribed structural BMPs to ensure their long -term performance. MONITORING AND REPORTING MONITORING ACTIONS RESPONSIBILITY Maintain record of oversight for Newport Beach administrative record. Planning Department MONITORING SCHEDULE Prior to project construction. r Newport Lexus May 10, 2005 Page 4 of 10 Transportation/Traffic Impact 3C1: Impacts to Level of Service. M -3C.1: To mitigate the TPO impact: restripe the westbound approach at the intersection of Irvine Avenue and Mesa Drive to provide one left turn lane, one shared through /left lane and one right -turn lane. In addition, necessary signal modifications will be made to implement split -phase signal operation on the east -west approaches. MONITORING AND REPORTING MONITORING ACTIONS RESPONSIBILITY Monitor compliance with Newport Beach construction contract Planning Department specifications. Maintain record of oversight for administrative record. Impact 3C2: Impacts to parking supply. MONITORING SCHEDULE Prior to and during construction. M -3C.3: The proposed project shall comply with all City of Newport Beach Municipal Code (Section 20.66.050) parking requirements. MONITORING AND REPORTING MONITORING ACTIONS RESPONSIBILITY Monitor compliance with construction contract specifications. Maintain record of oversight for administrative record. Newport Beach Planning Department MONITORING SCHEDULE Prior to and during construction. T57 Newport Lexus May 10, 2005 Page 5 of 10 Impact 3C3: Impacts from hazards due to a design feature or incompatible use. M -3C.4: The applicant will make the required improvements at the intersection of Bowsprit Drive and MacArthur Boulevard to reduce the curb radius of the eastbound free right turn on Bowsprit Drive to MacArthur Boulevard to an approximately 35 -foot curb radius to slow turning traffic and to increase the distance between Bowsprit Drive and the project entrance. MONITORING AND REPORTING MONITORING ACTIONS RESPONSIBILITY Monitor compliance with construction contract specifications. Maintain record of oversight for administrative record. Newport Beach Planning Department Impact 3C1: Cumulative traffic impacts. MONITORING SCHEDULE During project construction. M -3C.1: To mitigate the TPO impact: restripe the westbound approach at the intersection of Irvine Avenue and Mesa Drive to provide one left turn lane, one shared through /left lane and one right -turn lane. In addition, necessary signal modifications will be made to implement split -phase signal operation on the east -west approaches. MONITORING AND REPORTING MONITORING ACTIONS RESPONSIBILITY Monitor compliance with Newport Beach construction contract Planning Department specifications. Maintain record of oversight for administrative record. MONITORING SCHEDULE Prior to and during construction. z4G Newport Lexus May 10, 2005 Page 6 of 10 Air Quaffty Impact IS -Ille: Create objectionable odors affecting a substantial number of people. • M- 111.1: Design features of the project will provide for adequate ventilation in those areas in which vehicle exhaust would create a strong odor. The applicant shall submit design plans for approval by the City of Newport Beach which address building ventilation. MONITORING AND REPORTING MONITORING MONITORING SCHEDULE ACTIONS RESPONSIBILITY Maintain record of oversight for Newport Beach Prior to project construction. administrative record. Department of Planning Impact 3D2: Impacts due to construction air emissions. M -3D.1: Cover all trucks hauling soil, sand and other loose materials, or require all trucks to maintain at least two feet of freeboard. M3D.2: Pave, water (three times daily), or apply non -toxic soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites. M -3D.3: Sweep all paved access roads, parking areas and staging areas at construction sites daily with water sweepers. M3DA: Sweep streets daily with water sweepers if visible soil material is carried onto adjacent public streets. M3D.5: Hydroseed or apply non -toxic stabilizers to inactive construction areas. M -3D.6: Enclose, cover, water (twice daily), or apply non -toxic soil binders to exposed stockpiles (dirt, sand, etc.) M -3D.7: Limit traffic speeds on unpaved roads to 15 miles per hour. M3D.8: Install sandbags or other erosion control measures to prevent silt runoff roadways during rainy season construction (November through April). 4-7 Newport Lexus May 10, 2005 Page 7 of 10 M -3D.9: Replant vegetation in disturbed areas as quickly as possible. M- 3D.10: All construction equipment shall be properly tuned and maintained. M- 3D.11: Contractors shall maintain and operate construction equipment so as to minimize exhaust emissions. During construction, trucks and vehicles in loading or unloading queues shall not idle. M- 3D.12: Construction activities shall be staged and scheduled to avoid emissions peaks, and discontinued during second -stage smog alerts. MONITORING AND REPORTING MONITORING MONITORING SCHEDULE ACTIONS RESPONSIBILITY Maintain record of specifications for administrative record. Monitor compliance with construction contract specifications Cultural Resources Newport Beach Prior to and during Planning Department construction activities. Impact IS- V.b-d: Cause a substantial adverse change in the significance of an archaeological resource, directly or indirectly destroy a unique paleontological resource, or disturb any human remains. • M -V.1: In the event that an archaeological or paleontological resource is inadvertently uncovered, the project applicant shall be required to immediately cease all construction at the place of discovery and a qualified archaeologist and /or paleontologist retained to evaluate the find. If the archaeologist or paleontologist determines that potentially significant paleontological or archaeological materials or human remains are encountered, the archaeologist and /or paleontologist must recover, retrieve and /or remove any paleontological or archaeological materials. The archaeologist shall provide a copy of documentation of all recovered data and materials found on -site to the regional information center of the Califomia Archaeological Inventory for inclusion in the permanent archives and another copy shall accompany any recorded archaeological materials data. 1 NO Newport Lexus May 10, 2005 Page 8 of 10 • M -V.2: The applicant shall comply with the procedures required by NAHC as outlined in Section 50907.9 of the PRC and Section 7050 of the Health and Safety Code. In the event of discovery or recognition of any human remains during construction or excavation activities or disturbance of the site until the coroner has been informed. MONITORING AND REPORTING MONITORING ACTIONS RESPONSIBILITY Maintain record of specifications for administrative record. Monitor compliance with construction contract specifications Geoiogv and Soils Newport Beach Planning Department MONITORING SCHEDULE During project construction activities. Impact IS- VI.c,d: Be located on unstable strata or soil, or expansive soil. • M -V1.2: Prior to construction of the proposed project, exploration borings shall be performed in the locations of the proposed buildings to provide detailed foundation design recommendations for the proposed new development. MONITORING AND REPORTING MONITORING ACTIONS RESPONSIBILITY Maintain record of oversight for administrative record. Noise Newport Beach Planning Department MONITORING SCHEDULE Prior to project construction. Impact IS- Xl.a,b: Exposure of persons to or generation of noise levels in excess of established standards or excessive groundborne vibration. ■I Newport Lexus May 10, 2005 Page 9 of 10 • M -X1.1: During construction phases, the contractor shall ensure that all construction be performed in accordance with the City of Newport Beach noise standards. No noise intensive construction or repair work shall be performed between the hours of 9:00 PM and 7:00 AM on any weekday, or before 8:00 AM or after 6:00 PM on any Saturday or national holiday, or anytime on Sundays. During construction activities, the construction manager and inspector shall serve as the contact persons in the event that noise levels become disruptive. A sign will be posted at the site with the contact phone numbers. MONITORING AND REPORTING MONITORING MONITORING SCHEDULE ACTIONS RESPONSIBILITY Maintain record of specifications Newport Beach During project construction for administrative record. Planning Department activities. Monitor compliance with construction contract specifications Impact IS- Xl.c,d: Cause a substantial permanent or temporary increase in ambient noise levels in the project vicinity. • M -XI.2: Design of the proposed project will incorporate measures to reduce noise associated with the project. These measures shall include noise barriers and setbacks as appropriate that will minimize operational noise impacts. The applicant shall submit designs to the City of Newport Beach for approval prior to construction of the project. The proposed project shall comply with Newport Beach municipal noise standards. MONITORING AND REPORTING MONITORING MONITORING SCHEDULE ACTIONS RESPONSIBILITY Maintain record of specifications Newport Beach During project construction for administrative record. Planning Department activities. Monitor compliance with construction contract specifications Newport Lexus May 10, 2005 Page 10 of 10 Utilities and Service Systems Impact IS- XVll.g: Comply with federal, state and local statutes and regulations related to solid waste. • M- XVIIA: During demolition and construction, inert materials, such as soil, asphalt, concrete, and other recyclable materials, shall be recycled to the greatest extent practicable. MONITORING AND REPORTING MONITORING MONITORING SCHEDULE ACTIONS RESPONSIBILITY Maintain record of specifications Newport Beach During project construction for administrative record. Planning Department activities. Monitor compliance with construction contract specifications 51 Newport Lexus May 10, 2005 Page 1 of 7 Attachment 4 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING GENERAL PLAN AMENDMENT NO. 2004 -004, USE PERMIT NO. 2004 -026, MODIFICATION PERMIT NO. 2005 -003, AND TRAFFIC STUDY NO. 2004 -003 FOR PROPERTY LOCATED AT 848 & 888 DOVE STREET AND 3901, 3931, & 3961 MACARTHUR BOULEVARD (PA2004 -153). THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: WHEREAS, an application was filed by Wilson Automotive Group for property identified as 848 & 888 Dove Street and 3901, 3931, & 3961 MacArthur Boulevard located at the southwesterly corner of the intersection of MacArthur Boulevard and Jamboree Road. The application requests approval of: a General Plan Amendment to change the land use designation from "Administrative, Professional and Financial Commercial' to "Retail and Service Commercial' for the 5 -acre northerly portion of the site and establish a maximum developable gross floor area of 139,000 square feet for the entire 8 -acre project site; a Use Permit as required by the Planned Community Text for a 114,485 square -foot automobile dealership comprised of a 42,142 square -foot automobile showroom building and a 72,343 square -foot service department facility; a Modification Permit to allow encroachment of vehicle display areas into required landscaped yards, encroachment of eight (8) new vehicle display pads into required yards, and encroachment of a screening wall and tire and fluid storage areas into a required yard; and, a Traffic Study pursuant to the Traffic Phasing Ordinance. WHEREAS, on April 21, 2005, the Planning Commission of the City of Newport Beach held a noticed public hearing regarding this application. WHEREAS, the Planning Commission voted unanimously (6 -0) to recommend approval of the General Plan Amendment, Use Permit, Modification Permit and Traffic Study to the City Council. Prior to making the recommendation, the Planning Commission reviewed the Draft Final EIR (State Clearinghouse No. 2004081004), comments received on the EIR and Responses to Comments, and recommended certification of the Draft Final EIR as compliant with California Environmental Quality Act. WHEREAS, on May 10, 2005, the City Council held a public hearing in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given. Evidence, 52 Newport Lexus May 10, 2005 Page 2 of 7 both written and oral, was presented to and considered by the City Council at this meeting. WHEREAS, as part of the development and implementation of the Newport Beach General Plan, the Land Use Element has been prepared which sets forth objectives, supporting policies and limitations for development in the City of Newport Beach and designates the general distribution and general location and extent of the uses of land and building intensities in a number of ways, including floor area limitations. WHEREAS, the General Plan Land Use Element provides for redevelopment of older or underutilized properties and preservation of property values through establishment of floor area limits allowing for modest growth based on trip generation characteristics of land uses to ensure that minimum levels of service desired by the City are not diminished. The proposed amendment of the Land Use Element (Exhibits A & B) changes the designation of a 5 -acre portion of the project site from Administrative, Professional and Financial Commercial to Retail and Service Commercial and does not result in an increase in the floor area limit established for the subject site and allows for redevelopment of the underutilized subject site and with required mitigation measures will not generate traffic in amounts that would result in an undesirable level of service in the circulation system as indicated in the traffic study prepared for this project. WHEREAS, consistent with Charter Section 423, Council Policy A -18 requires that proposed General Plan Amendments be reviewed to determine if voter approval is required. Voter approval is not required for the subject General Plan Amendment because it will not result in generation of more than 100 peak hour trips, will not increase allowable building area, and does not include any dwelling units. Peak hour trip analysis for the subject General Plan Amendment included trips generated by the proposed project plus 80% of the increase in trips associated with a previous General Plan Amendment in the same General Plan Statistical Area and indicated an increase of 21.26 AM peak hour trips and 31 PM peak hour trips. The project will be tracked as a prior amendment per Charter Section 423 and Council Policy A -18. WHEREAS, the General Plan requires that the City maintain suitable and adequate standards for landscaping, sign control, site and building design, parking and other development standards to ensure that commercial projects are aesthetically pleasing and compatible with surrounding land uses. The City maintains and implements development standards through the Zoning Ordinance which enables adoption of Planned Community District Regulations, approval of Use Permits for certain uses, and approval of Modification Permits. The Planned Community Development Standards Newport Place includes permitted uses and uses permitted subject to a Use Permit, regulations that ensure that the size and 53 Newport Lexus May 10, 2005 Page 3 of 7 scale of the building, the number of parking spaces provided, the building setbacks provided, the areas of landscaped yards, and the design and placement of signs result in a project that is aesthetically pleasing and compatible with surrounding land uses consistent with objectives of the Municipal Code. WHEREAS, the proposed project is subject to a Use Permit consistent with the Planned Community Development Standards Newport Place text with amendments proposed as part of this project. The location and design of the proposed use and facilities and the proposed conditions of the Use Permit under which the use would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the City for the following reasons: 1. All potentially significant environmental effects will either be avoided or reduced to a less than significant level through the implementation of mitigation measures as identified in the Final EIR for this project. 2. The proposed use and improvements are located adjacent to the rear wall of a retail commercial center and separated from office buildings by Jamboree Road, MacArthur Boulevard, and Dove Street such that appropriate separation of uses and buildings is provided. The proposed facility is substantially consistent in design, quality of materials, scale, and building volume with nearby structures. A condition of approval of the Use Permit requires that the applicant submit a detailed sign plan and program for review by the Planning Commission. 3. Adequate vehicular access to the site can be provided from MacArthur Boulevard and from Dove Street as indicated in a circulation study and a weaving analysis prepared for the proposed project. Vehicular access points are situated as to provide safe ingress and egress to the site. Conditions of approval of the Use Permit include street improvements at MacArthur Boulevard and Bowsprit and the installation of on -site directional signs to direct drivers to exit the site onto Dove Street rather than onto MacArthur if intending to turn left from MacArthur onto eastbound Jamboree Road as means to enhancing safe vehicular movements near the site. In addition, the applicant is required to restrict the route used for new and used vehicle test drives as described in the conditions of approval. 4. No noise sensitive receptors are located near the proposed facility. Potential impacts from construction and operational noise will be reduced to less than significant levels through FEIR Mitigation Measures M -XI.1 and M -XI 2 which limit hours of construction and require noise barriers and .J 1 Newport Lexus May 10, 2005 Page 4 of 7 through a Use Permit condition requiring a noise study to assure that noise levels at property lines nearest the automobile service facility and car wash are consistent with the City's noise standards. 5. Nighttime lighting of the dealerships will be subject to FOR Mitigation Measures M -3A.2 through M -3A.8 relating to lighting plans, fixture selection, and operations controls that minimize potential lighting and glare impacts. 6. The proposed project includes on -site parking in excess of that required by the Planned Community Development Standards Newport Place. In addition, a condition of approval of the Use Permit requires that the applicant ensure that employees of Newport Lexus park only on the dealership site. WHEREAS, a request for a Use Permit for a wine bar in the new car showroom of the proposed facility was withdrawn from further consideration by the applicant at the Planning Commission public hearing; WHEREAS, a request for approval of a Modification Permit is included with this application because the landscaped front yard adjacent to Jamboree Road is proposed to be a minimum of 18 feet rather than 30 feet as required by the Planned Community Development Standards Newport Place (PC Text), because eight (8), circular automobile display pads are proposed in the landscaped yards at Jamboree Road, MacArthur Boulevard, and Dove Street, because the front yard between the showroom building and the Dove Street property line is proposed to be a minimum of 28 feet rather than 30 feet as required by the PC Text, and because a 10 -foot high architectural screening wall and tire and vehicle fluid storage areas are proposed at a minimum of 10 feet from the Dove Street property line within the 30 -foot front yard required by the PC Text. Chapter 20.93 of the Zoning Code authorizes granting of a Modification Permit whenever strict application of provisions of the Zoning Code, including those applicable to landscaped yards and required building setbacks in front yards, would preclude a reasonable use of property. Because a 60 foot -wide easement for a water line and a storm drain bisect the proposed project site, the possible need for future repair or replacement of these lines by the City requires that sufficient access be maintained and that no building or structure be located across the easement. Compliance with minimum required front yards at each of three street frontages abutting the project site further restricts the area that may be developed with buildings. Approval of a Modification Permit to accommodate these project components would not be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood, would no be detrimental or injurious to property and improvements in the neighborhood or 55 Newport Lexus May 10, 2005 Page 5 of 7 the general welfare of the City, and would be consistent with the legislative intent of the Zoning Code for the following reasons: 1. The landscaped yard adjacent to Jamboree Road has a variable depth ranging from 52' -6" to 18' from the existing right -of -way line results in landscaped yard area significantly greater in area than that which would result from incorporation of landscaped yard with a constant depth of 30 feet. No buildings will encroach into this landscaped yard thereby avoiding possible inappropriate building massing near lot lines. 2. The front yard at the automobile showroom is 28 feet at its narrowest point and 40 feet at the widest point which results in landscaped yard area significantly greater than that which would result from incorporation of a landscaped yard with a constant depth of 30 feet. 3. The 10 -foot high architectural screening wall at Dove Street provides a visual barrier between the street and the interior of the service building and screens the tire and fluid storage areas from view from Dove Street and the 10 -foot yard proposed shall be heavily landscaped to enhance the streetscape. A condition of approval of the Use Permit and the Modification Permit requires installation of minimum 36 -inch box trees and minimum 5- gallon shrubs in this 10 -foot yard. 4. The proposed encroachments do not occur adjacent to any structures on another property but at rights -of -way that provide sufficient distance between the proposed buildings and those on other properties. 5. Increase in the sizes and numbers of plants provided at each front yard provide adequate visual relief and separation to compensate for reduction in minimum distances. WHEREAS, a Traffic Study was prepared under the direction and supervision of the City Transportation /Development Services Manager in accordance with the requirements of the Traffic Phasing Ordinance (TPO). The study found that the proposed project would result in a decrease in the level of service at the intersection of Irvine Avenue and Mesa Drive from "D" to "E ". Circulation improvements at the Irvine Avenue /Mesa Drive intersection that the applicant is required to make and /or fund, as a condition of project approval and pursuant to a reimbursement program or otherwise, will mitigate this decrease in level of service such that the project will neither cause nor make worse an unsatisfactory level of service. WHEREAS, the Final Environmental Impact Report (State Clearinghouse No. 2004081004) certified by City Council Resolution No. 2004- identifies 5G Newport Lexus May 10, 2005 Page 6 of 7 potential significant impacts to the environment and certain mitigation measures designed to avoid such impacts or reduce them to a less than significant level. NOW, THEREFORE, BE IT RESOLVED Based on the aforementioned findings, the City Council hereby approves General Plan Amendment No. 2004 -004 as in Exhibit "A" and the revised General Plan Land Use Map depicted in Exhibit "B ", Use Permit No. 2004 -026, Modification Permit No. 2005 -030, and Traffic Study No. 2004 -003 subject to Conditions of Approval set forth in Exhibit "C and subject to adoption of Ordinance No. approving Planned Community Text Amendment No. 2004 -003. This resolution shall take effect immediately upon adoption. Passed and adopted by the City Council of Newport Beach at a regular meeting held on the 10th day of May, 2005 by the following vote to wit: -77 ATTEST: CITY CLERK Newport Lexus May 10, 2005 Page 7 of 7 AYES, COUNCIL MEMBERS NOES. COUNCIL MEMBERS ABSENT, COUNCIL MEMBERS E •G 04 Newport Lexus May 10, 2005 Page 1 of 1 Exhibit "A" The following text in the General Plan Land Use Element under Airport Area (Statistical Area L4) shall be revised from: 2 -9. NP Block J. Block J is bounded by Dove Street, Bowsprit Drive, MacArthur Boulevard, Jamboree Road and Bristol Street North. The site is designated for Administrative, Professional and Financial Commercial and Retail and Service Commercial land use. The site is allocated 204,530 sq. ft. plus 3.0 acres for auto center use. to read as follows: 2 -9. NP Block J. Block J is bounded by Dove Street, Bowsprit Drive, MacArthur Boulevard, Jamboree Road and Bristol Street North. The site is designated for Retail and Service Commercial and for Administrative, Professional and Financial Commercial land uses. The site is allocated 228,530 sq. ft. n Exhibit "B" vEwvOe� o. slew. -rk •. :r�./ OWNS,! w-, - 4. �*. 11 0 9: " O '911A Newport Lexus May 10, 2005 Page 1 of 1 General Plan Land Use Desian; ® a Admin., Professional Financial Commercial i Retail &Service � Commercial �S 1 General Industry a ,rl 2W soo REVISED GENERAL PLAN LAND USE MAP Ki Newport Lexus May 10, 2005 Page 1 of 9 Exhibit "C" CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2004 -004, USE PERMIT NO. 2004-026, MODIFICATION PERMIT NO. 2005 -030, AND TRAFFIC STUDY NO. 2004 -003 1. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 2. The development shall be in substantial conformance with the approved site plans, floor plans, and elevations marked as Exhibit No. A to Planning Commission Staff Report for PA 2004 -153 dated April 21, 2005. 3. The service canopy shall provide minimum 15'— 0" vertical clearance over the water line and storm drain easement unless otherwise approved by the City. 4. This Use Permit may be modified or revoked by the City Council or Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. The Use Permit does not permit the use or operation of a wine bar. 5. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City- adopted version of the California Building Code. 6. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new Use Permit. 7. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 8. This approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. tO Newport Lexus May 10, 2005 Page 2 of 9 9. Use Pen-nit No. 2004 -026 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 10. Traffic Study No. 2004 -003 shall expire unless exercised within 24 months from the date of approval pursuant to Section 15.40.035 of the Newport Beach Municipal Code. This approval shall be deemed exercised by the issuance of a building permit to construct the proposed automobile dealership. 11. Pursuant to the Traffic Phasing Ordinance, construction of all proposed buildings shall be completed no more than 60 months from the date of final approval of Traffic Study No. 2004 -003. 12. Should this site be sold or otherwise come under different ownership or be operated by a different entity than the applicant, any future owners, assignees or operators shall be notified of the conditions of this approval by the current owner or leasing company. 13. The facility shall be designed to meet exiting and fire protection requirements as specified by the Uniform Building Code and shall be subject to review and approval by the Newport Beach Building Department and the Fire Department. 14. The proposed project shall conform to the requirements of the Uniform Building Code, any local amendments to the UBC, and State Disabled Access requirements, unless otherwise approved by the Building Department. 15. All work conducted within the public right -of -way shall be approved under an encroachment permit issued by the Public Works Department. 16. The operator of the facility shall be responsible for ensuring that employees of the project automobile dealership park only on -site in areas designated for employee parking consistent with approved building plans. 17. The operator of the facility shall be responsible for the control of noise generated by the subject facility. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. 18. All mechanical equipment shall be screened from view of adjacent properties and adjacent public streets within the limits authorized by this permit, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. �2 Newport Lexus May 10, 2005 Page 3 of 9 19. Temporary signs shall be prohibited in the public right -of -way unless otherwise approved by the Public Works Department in conjunction with the issuance of an encroachment permit or encroachment agreement. 20. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on -site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 21. Prior to the issuance of grading /building permits, Fair Share Traffic Fees shall be paid in accordance with Chapter 15.38 of the Newport Beach Municipal Code. 22. Prior to the issuance of grading /building permits, transportation corridor fees shall be paid in accordance with the TCA Major Thoroughfare and Bridge Fee Program. 23. Prior to the issuance of grading /building permits, the final design of all required off -site right of way improvements shall be reviewed and approved by the Public Works Department and Traffic Engineer. 24. Prior to the issuance of grading /building permits, the applicant shall prepare a construction phasing plan and construction delivery plan that includes routing of large vehicles. The plan shall include a haul route plan for review and approval of the Public Works Department. Said plan shall specify the routes to be traveled, times of travel, total number of trucks, number of trucks per hour, time of operation, and safety /congestion precautions (e.g., signage, flagmen). Large construction vehicles shall not be permitted to travel narrow streets and alleys as determined by the Public Works Department. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. 25. Prior to the issuance of a grading Permit, a Stormwater Pollution Prevention Plan ( SWPPP) shall be prepared and approved by the City of Newport Beach as the local permitting agency in accordance with the requirements of the Regional Water Quality Control Board (RWQCB). The SWPPP shall include BMPs to eliminate and /or minimize stormwater pollution prior to, and during construction. The SWPPP shall require construction to occur in stages and stabilized prior to disturbing other areas and require the use of temporary diversion dikes and basins to trap sediment from run -off and allow clarification prior to discharge. �P Newport Lexus May 10, 2005 Page 4 of 9 26. Prior to the issuance of a grading permit, the applicant shall prepare a Water Quality Management Plan (WQMP) specifically identifying the Best Management Practices (BMP's) that will be used on site to control predictable pollutant runoff. The plan shall identify the types of structural and non - structural measures to be used. The plan shall comply with the Orange County Drainage Area Management Plan (DAMP). Particular attention should be addressed to the appendix section "Best Management Practices for New Development." The WQMP shall clearly show the locations of structural BMP's, and assignment of long term maintenance responsibilities (which shall also be included in the Maintenance Agreement). The plan shall be prepared to the format shown in "Attachment C" of the DAMP title "Water Quality Management Plan Outline" and be subject to the approval of the City. 27. Prior to the issuance of a grading permit, the applicant shall provide proof of filing for an NOI with the SWRCB and prepare a project SWPPP that will describe the BMP's to be implemented during project construction. 28. Prior to the issuance of a building permit, the final design of all on -site parking, vehicular circulation and pedestrian circulation shall be subject to the approval of the Traffic Engineer. The location, number, and dimensions of the parking spaces shall be in substantial conformance with the approved site plan. 29. Prior to the issuance of a building permit, the applicant shall submit for review of the Traffic Engineer a plan for installation of on -site directional signs at appropriate locations as deemed necessary by the Traffic Engineer to direct drivers to exit the site onto Dove Street, rather than on to MacArthur, if intending to turn left from MacArthur on to eastbound Jamboree Road. 30. Prior to the issuance of a building permit, the trash enclosure design shall be approved by the Planning Department. The trash enclosure shall be enclosed by three walls, a self - closing, self - latching gate and shall have a decorative, solid roof for aesthetic and screening purposes. The design of the enclosure shall be integrated with the design of the other on -site buildings and structures. 31. Prior to the issuance of a building permit, the applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect. These plans shall include, at a minimum, 36 -inch box trees and 5- gallon container shrubs in the ten -foot landscaped front yard between the service building screening wall and the Dove Street right of way required as a condition of approval of Modification Permit No. 2005 -0303. The M Newport Lexus May 10, 2005 Page 5 of 9 landscape and irrigation plans shall incorporate drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the Planning Department, General Services Department and Public Works Department. All planting areas shall be provided with a permanent underground automatic sprinkler irrigation system of a design suitable for the type and arrangement of the plant materials selected. The irrigation system shall be adjustable based upon either a signal from a satellite or an on -site moisture - sensor. Planting areas adjacent to vehicular activity shall be protected by a continuous concrete curb or similar permanent barrier. Landscaping shall be located so as not to impede vehicular sight distance to the satisfaction of the Traffic Engineer. 32. Prior to the issuance of a building permit, the applicant shall submit for review of the Traffic Engineer the vehicular route that dealership representatives shall require that customers follow when test driving new or used vehicles. 33. Prior to the issuance of a building permit, in accordance with the City of Newport Beach General Plan and Planned Community Standards for Newport Place, the applicant shall submit design plans to the City of Newport Beach for review to ensure consistency with the surrounding area and all conditions of approval. 34. Prior to the issuance of a building permit, the applicant shall submit a detailed sign plan and program for review by the Planning Commission and an application for Modification Permit if required by the PC text. The final location of the signs shall be reviewed by the City Traffic Engineer and shall conform to City Standard 110 -L to ensure that adequate sight distance is provided. 35. Prior to the issuance of a building permit, the applicant shall prepare a fighting plan and photometric study for approval by the Planning Director. The buildings and grounds shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America or based on the opinion of the Planning Director that the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Planning Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. The lighting plan shall include design features to minimize impacts of light and glare on the surrounding area as follows: a. All lighting fixtures shall be consistent with Illuminating Engineering Society of North America (IESNA) "sharp cut -off' fixtures, and will be fitted with flat glass lenses and internal and external shielding. 1�0S Newport Lexus May 10, 2005 Page 6 of 9 b. Exterior, on -site lighting shall be shielded and confined within site boundaries; no direct rays or glare are permitted to shine on public streets or adjacent sites or create a public nuisance. C. Light standards for parking areas shall not exceed twenty feet in height. d. All fixtures shall be parallel with the finished grade of the project site; no fixtures shall be tilted above a 90- degree angle. e. Lighting levels will be appropriately designed to fall within the IESNA recommendations for automobile dealerships. f. Site lighting systems and showroom lighting shall be grouped into control zones to allow for open, closing, and night light/security lighting schemes. All control groups shall be controlled by an automatic lighting control system utilizing a time clock, photocell, and low voltage relays. g. Design and layout of the site shall take advantage of landscaping, on -site architectural massing, and off —site architectural massing to block light sources and reflection from cars. 36. Prior to issuance of a building permit, the applicant shall submit project plans to the FAA to be evaluated under the FAR Part 77 procedure and to the ALUC for a Determination of Consistency or Inconsistency with the JWA AELUP. 37. Prior to issuance of a building permit, applicant shall provide Letter of Closure from the County of Orange Health Care Agency for any leaking underground storage tank previously located on the site. 38. Prior the issuance of a building permit, the project shall be reviewed by the Building Department to verify compliance with the following requirements: a. Project design must comply with the 1997 Uniform Building Code (UBC) seismic design criteria. b. Structure setback must comply with either the 1997 Uniform Building Code (UBC) or the Orange County Grading Manual. C. Any imported soil for general grading shall have a Expansion Index of less than 60. d. Control site drainage. e. Design footing embedments to resist the effects of expansive soil. f. Maintain a proportionately high dead load component on foundations. ME Newport Lexus May 10, 2005 Page 7 of 9 9. Over - excavate and moisture soils condition below foundations, floor slabs and hardscape. h. Use of articulation and reinforcement of concrete slabs and footings. i. Use of rigid foundation and floor slabs. 39. Prior to the issuance of a building permit, the project shall be reviewed by the Building Department to verify compliance with the following requirements: a. Provide fire sprinklers for all buildings; b. Provide Class I standpipes for parking structure in addition to fire sprinklers; C. Elevators shall be capable of accommodating a gurney in accordance with Chapter 20 of the California Building Code, 2001 Edition; d. Provide on -site hydrants; e. All gates to property shall be automatic and provided with opticom and knox key. 40. Prior to the issuance of a certificate of occupancy, the applicant shall schedule an inspection by the Code and Water Quality Enforcement Division to confirm that all landscaping materials and irrigation systems have been installed in accordance with the approved plans. 41. Prior to issuance of the certificate of occupancy or final of building permits, the applicant shall schedule an evening inspection by the Code and Water Quality Enforcement Division to confirm control of light and glare as specified in these conditions. 42. Prior to issuance of the certificate of occupancy, the applicant shall conduct a noise study and provide verification of the results of such study to the Planning Department to assure that noise levels at property lines nearest the service facility and car wash comply with the City's noise standards. 43. Prior to issuance of the certificate of occupancy, to mitigate the TPO impact, restripe the westbound approach at the intersection of Irvine Avenue and Mesa Drive to provide one left turn lane, one shared through /left lane and one right -turn lane. In addition, necessary signal modifications will be made to implement split -phase signal operation on the east -west approaches. 477 Newport Lexus May 10, 2005 Page 8 of 9 44. Prior to issuance of a certificate of occupancy, applicant shall make the required improvements at the intersection of Bowsprit Drive and MacArthur Boulevard to reduce the curb radius of the eastbound free right turn on Bowsprit Drive to MacArthur Boulevard to approximately 35 feet to slow turning traffic and to increase the distance between Bowsprit Drive and the project entrance. 45. During construction of the proposed improvements: a. construction vehicles shall not block roadways on any roads adjacent to the project site or any of the roads leading to or from the project site; b. construction equipment will be properly maintained at an off -site location and includes proper tuning and timing of engines. Equipment maintenance records and equipment design specification data sheets shall be kept on -site during construction; C. all contractors will be advised not to idle construction equipment on site for more than ten minutes; d. on -site diesel fueled construction equipment will be fueled with aqueous diesel fuel; e. cover all trucks hauling soil, sand, and other loose materials, or require all trucks to maintain at least two feet of freeboard; f. pave, water (three times daily), or apply non -toxic soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites; g. sweep all paved access roads, parking areas, and staging areas at construction sites daily with water sweepers; h. Sweep streets daily with water sweepers if visible soil material is carried onto adjacent public streets; i. hydroseed or apply non -toxic stabilizers to inactive construction areas; j. enclose, cover, water (twice daily), or apply non -toxic soil binders to exposed stockpiles (dirt, sand, etc.); k. limit traffic speeds on unpaved roads to 15 miles per hour; I. install sandbags or other erosion control measures to prevent silt runoff to public roadways during; M. replant vegetation in disturbed areas as quickly as possible; K 101 Newport Lexus May 10, 2005 Page 9 of 9 n. all construction equipment shall be properly tuned and maintained; o. contractors shall maintain and operate construction equipment so as to minimize exhaust emissions; P. trucks and vehicles in loading or unloading queues shall not idle; q. construction activities shall be staged and scheduled to avoid emissions peaks, and discontinued during second -stage smog alerts. 46. The applicant shall be responsible for the payment of all administrative costs identified by the Planning Department within 30 days of receiving a final notification of costs or prior to the issuance of a Building Permit. 47. The applicant shall ensure that the trash dumpsters and /or receptacles are maintained to control odors. This may include the provision of either fully self- contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Department. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 48. All landscape materials and landscaped areas shall be installed and maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 49. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a gate) or otherwise be screened from view of neighboring properties, except when placed for pick -up by refuse collection agencies. The trash dumpsters shall have a top, which shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency. Newport Lexus May 10, 2005 Page 1 of 2 Attachment 5 Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING PLANNED COMMUNITY TEXT AMENDMENT NO. 2004 -003 REVISING THE LAND USE PLAN, PERMITTED USES, AND DEVELOPMENT STANDARDS OF THE NEWPORT PLACE PLANNED COMMUNITY AS THEY RELATE TO THE NEWPORT LEXUS AUTOMOBILE DEALERSHIP PROPOSED ON PROPERTY LOCATED AT NORTHWESTERLY OF THE INTERSECTION OF MACARTHUR BOULEVARD AND JAMBOREE ROAD (PA2004 -153) WHEREAS, on April 21, 2005, the Planning Commission of the City of Newport Beach held a noticed public hearing regarding this code amendment. WHEREAS, the Planning Commission voted unanimously to recommended approval of this code amendment to the City Council. WHEREAS, on May 10, 2005, the City Council of the City of Newport Beach held a noticed public hearing regarding this code amendment. WHEREAS, the proposed Planned Community Development Regulations set forth use and development standards and include a Land Use Plan for the Newport Place Planned Community. The proposed regulations provide suitable and adequate standards relating to setbacks, building height limits, floor area limits, and signs. WHEREAS, the proposed Planned Community Development Regulations (Zoning Cord) are consistent with the General Plan land use designation of Retail and Service Commercial for the proposed Newport Lexus automobile dealership site and adopted concurrently with this ordinance. WHEREAS, the Final Environmental Impact Report (State Clearinghouse No. 2004081004) certified by City Council Resolution No. 2005- identifies potential significant impacts to the environment and certain mitigation measures designed to reduce or avoid these impacts to a less than significant level. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: The Newport Place Planned Community Development Regulations of the Newport Beach Municipal Code shall be amended as indicated in Exhibit "A ". 7d Newport Lexus May 10, 2005 Page 2 of 2 SECTION 2: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same shall become effective thirty (30) days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on May 10, 2005, and adopted on the 24th day of May 2005, by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS TEEMED ATTEST: CITY CLERK —7( Newport Lexus May 10, 2005 Page 1 of 8 Exhibit "A" The following revisions are incorporated into Planned Community Development Standards Newport Place: STATISTICAL ANALYSIS, PART II. COMMERCIAUPROFESSIONAL & BUSINESS OFFICES is amended to read as follows: STATISTICAL ANALYSIS PART II. COMMERCIAUPROFESSIONAL & BUSINESS OFFICES A. Building Sites Site 1 & 2........38.5 acres' Site 2A............3.9 acres [31] Site 4 ..................9.0 acres Site 5 ..................7.4 acres2 Site 6 ..................1.9 acres Site 7 ..................2.5 acres Site 8 ..................1.64 acres....................... 64.84 acres [20] B. Building Area Site 1 & 2 ......... 860,884 square feet [5, 14, 17, 30] Site 2A ............ 109,200 square feet [31 ] Site 4 .................228,214 square feet [32] Site 5 .................268,743 square feet [16, 19, 21, 24, 25] Site 6 ....................42,420 square feet Site 7 ................ 55,860 square feet Site 8 ............. 54,000 square feet [20] 1,619,321 square feet [21, 30, 31, 32, 33] 1Commercial/Professional and Business Office Site 1 and 2 have been reduced by 36,119 feet with the reduction allocated to the allowed building area for Parcels 1 & 2 of Resubdivision 585. The allowable building area for Parcel 1 & 2 of Resubdivision 585 is now 272,711 square feet. [14] 'If commercial uses are constructed on Commercial/Professional and Business Office Site 5 which are ancillary to and in the same building as office uses, additional development up to a maximum of 294,600 sq. ft. may be developed, so long as office use does not exceed 268,743 sq. ft. [21, 24,25] �Z Newport Lexus May 10, 2005 Page 2 of 8 The following statistics are for information only. Development may include, but shall not be limited to the following. C. Typical Building Mix/Site Utilization Typical site areas for buildings of varying heights are provided for purposes of illustration. Development of any of the Sites indicated may include any number of combinations of building types, characterized by number of stories, within the range of building types indicated for that site. Site 1 & 2 ................860,884 square feet [5, 14, 17, 30] a. Two Story ................ 8.42 acres b. Three Story ............ 5.61 acres c. Four Story ............... 4.21 acres d. Five Story .............. 3.37 acres e. Six Story ................. 2.81 acres Site 2A ............ 109,200 square feet [31] a. Two Story ......................1.25 acres b. Three Story ...................0.84 acres c. Four Story .................... 0.63 acres d. Five Story .................... 0.51 acres Site 4 .................. 228,214 square feet [32] a. Two Story . ...........................2.31 acres b. Three Story ......................... 1.54 acres c. Four Story ........................... 1.15 acres d. Five Story . ...........................0.92 acres e. Six Story ... ...........................0.77 acres Site 5 ..................268,743 square feet [16, 19, 21, 251 a. Two Story ..........................1.90 acres b. Three Story ........................1.27 acres c. Four Story ..........................0.95 acres d. Five Story ..........................0 76 acres e. Six Story . ...........................0.63 acres f. Nine Story ..........................0.50 acres Site 6 .............. 42,420 square feet a. Two Story ..........................0.49 acres 73t-- Newport Lexus May 10, 2005 Page 3 of 8 b. Three Story ....................... 0.32 acres c. Four Story ......................... 0.24 acres d. Five Story ..........................0.19 acres e. Six Story .......................... 0.16 acres Site 7 .....................55,860 square feet a. Two Story ........................... 0.64 acres b. Three Story ...................... 0.43 acres c. Four Story . ...........................0.32 acres d. Five Story ...........................0.26 acres e. Six Story ... ...........................0.21 acres Site 8 ..................54,000 square feet [20] a. Four Story . ...........................0.30 acres D. Parking LCriteria: 1 space /225 sq. ft. ED 363 sq. Ws pace) Site 1 & 2..... 3,827 cars......... 31.89 acres [5, 14, 30] Net ................. 11.33 acres Site 2A ......... 474 cars *....... 1.26 acres3 [31] Site 4 .............. 905 cars.......... 7.54 acres [32] Site 5 ............ 1,234 cars......... 6.13 acres [21] Site 6 .............. 188 cars........ 1.57 acres Site 7 .............. 248 cars.......... 2.07 acres Site 8 .............. 231 cars.......... 1.34 acres [20] 7,626 cars 56.13 acres° [21,31, 32, 33] E. Landscaped - Open Space Site 1 & 2 [5,14] Gross Site........ 38.50 acres Parking.......... 27.17 acres Net ................. 11.33 acres Two Story ......... 8.42 acres....... 2.91 acres 3 Includes surface parking and first floor of existing parking structure only, does not include upper levels of parking structure. [31 J. ° Based on net square footage of 106,455. [31]. —7<1 Newport Lexus May 10, 2005 Page 4of8 Three Story ....... 5.61 acres....... 5.72 acres Four Story ......... 4.21 acres....... 7.12 acres Five Story ......... 3.37 acres....... 7.96 acres Six Story ........... 2.81 acres....... 8.52 acres Site 2A [311 Gross Site ....... 3.9 acres Parking .......... 1.26 acres Net ............... 2.68 acres Two Story ....... 1.25 acres ... 1.43 acres. Three Story ...... .84 acres ... 1.84 acres Four Story ........ .63 acres ... 2.05 acres Five Story ......... .51 acres ... 2.17 acres Site 4 [321 Gross Site....... 9.00 acres Parking ......... . 7.54 acres Net ...................1.46 acres Two Story .......... 2.31 acres...... N/A Three Story ........ 1.54 acres ....... .01 acres Four Story .......... 1.15 acres ...... .40 acres Five Story .............92 acres ...... .63 acres Six Story ..............77 acres ...... . 78 acres Site 5 Gross Site........ 7.4 acres Parking ............ 6.13 acres Net ..................1.27 acres Two Story .......... 1.90 acres...... N/A Three Story ........ 1.27 acres ...... .00 acres Four Story .......... .95 acres ...... .32 acres Five Story ......... .76 acres . ..... . 51 acres Six Story .......... .63 acres ...... .64 acres Nine Story ......... .50 acres ...... .77 acres [211 Site 6 Gross Site......... 1.90 acres Parking .............1.57 acres Net ...................0.33 acres Two Story .......... .49 acres...... N/A Three Story ........ .32 acres ...... .01 acres Four Story ............ 24 acres ...... .09 acres Five Story .......... .19 acres ...... . 14 acres -7✓ Newport Lexus May 10, 2005 Page 5 of 8 Six Story .............16 acres ....... .17 acres Site 7 Gross Site......... 2.50 acres Parking .............2.07 acres Net .....................43 acres Two Story ........... .64 acres...... N/A Three Story ......... .43 acres ...... .00 acres Four Story ........... .32 acres ...... .11 acres Five Story .............26 acres ..... .17 acres Six Story ..............21 acres ...... .22 acres Site 8 Gross Site......... 1.64 acres Parking .............1.34 acres Net .....................30 acres Four Story ......................30 acres...... N/A [20] F. Buildinq Height [5, 12, 15, 21, 31] Maximum building height shall not exceed six (6) stories above ground level except for Parcel No. 1 of Resubdivision No. 585 which shall have a maximum building height of ten (10) stories above ground level, for Parcel No. 2 of Resubdivision No. 585 which shall have a maximum building height of seven (7) stories above ground level, and for Site 5 which shall have a maximum of nine (9) stories /167 feet above ground level. Maximum building height for Professional & Business Office Site 2A shall not exceed 95 feet above ground level. STATISTICAL ANALYSIS, PART 11. AUTO CENTER AND GENERAL COMMERCIAL [8,9] PERMITTED USES is amended to read as follows: STATISTICAL ANALYSIS PART II GENERAL COMMERCIAL PERMITTED USES [8, 91 Part II, Section II, Group II A& F A. General Commercial Building Sites [8, 26, 28.3 311 Site 1 - 3.0 acres Site 2 - 1.0 acres [9] Site 3 - 3.9 acres [9] Site 4 - 2.0 acres [9] Site 5 - 2.45 acress [26] Site 6 5.8 acres [25, 28.3] Site 7 8.2 acres 26.35 acres B. Building Area 126, 27, 28.31 Site 1 - 35,000 sq. ft. - Site 26- 11,700 sq. ft. - Site 37- 49,380 sq. ft. - Site 46- 20,870 sq. ft.[19]- Site 59- 31,362 sq. ft. - Site 6 - 50,000 sq. ft. Site 7 - 141,120 sq. ft. 2.98 acres'0 339,432 sq. ft.. Newport Lexus May 10, 2005 Page 6 of 8 0.80 acres 0.27 acres [9] 1.13 acres [27] 0.57 acres [9] 0.72 acres [26] 1.14 acres [28.3] 8.20 acres 12.83 acres 126, 27, 28.3] The following statistics are for information only. Development may include, but shall not be limited to the following. [8] D. Parking (Criteria 4 spaces /1,000 sq.ft. @ 363 sq.ft. /space [9, 26, 28.31 Site 1 - 140 cars - 1.17 acres Site 2 - 47 cars - 0.39 acres Site 3 - 193 cars - 1.61 acres Site 4 - 100 cars - 0.83 acres Site 5 - 167 cars - 1.39 acres Site 6 - 250 cars - 2.08 acres Site 7 357 cars - 2.98 acres'0 10.45 acres 5 A recorded reciprocal easement shall be provided for ingress, egress and parking for mutual benefit between Hotel Site 1 and General Commercial Site 5. 6 Restaurants are permitted uses in Sites 1, 2, 3, 5 and 6, subject to a use permit. [9, 23, 26, 27, 28.3] r Ibid a If the development of General Commercial Site 4 is limited solely to Professional and Business Office use, then the allowable Building Area shall not exceed 30,000 sq. ft. (19) 9 Restaurants are permitted uses in Sites 1, 2, 3, 5 and 6, subject to a use permit. [9, 23, 26, 27,28-31 30 257 surface parking spaces; minimum 100 parking spaces in parking structure -7-7 Newport Lexus May 10, 2005 Page 7 of 8 E. Landscaping - Open Space 19, 26, 28.31 Site 1 - 1.03 acres Site 2 - 0.34 acres Site 3 - 1.18 acres Site 4 - 0.60 acres Site 5 (1 & 2 story) - 0.24 acres Site 6 - 2.58 acres Site 7 - 2.14 acres Sub Total 8.11 acres Site 5 (3 story) - 0.49 acres Sub Total 8.60 acres Site 5 (4 story) - 0.75 acres Grand Total 9.35 acres F. Building Height [8, 9, 26, 31, 28.3] Building height of structures on General Commercial Site 1, 2, 3, 4 and 6 shall be limited to a height of thirty -five (35 ft.) and on General Commercial Site 5 shall be limited to a height of fifty feet (50 ft.). Height of buildings on Site 7 shall be limited to fifty -five (55) feet except that the vertical projection of a building element intended to provide architectural interest and/or integrate the project identification sign and not for occupancy may be up to seventy -five (75) feet in height. Land Use Plan Newport Place Planned Community is revised as shown on the following page. nrol Me Newport Lexus May 10, 2005 Page 8 of 8 a Summary 1 40.2 ac. 64.8 ac. ml Commercml 15 4 ac. LR.�,M.neml Reslaum 2.9 ac. VHotet Motel 10.1 ac. ion 1.2 ac. Retalt HOW General Commercial 134.6 ac. Co.:rclai sit.I mt.5 Site 1 General Commercial Site 6 S.rvic. Mall. St.1 Pro.& Bus. critic. Sit. 6 Industrial Pro . & Bus Site 4 once site r Pro. & Bus. Restaurare Sit.1 Office Site 5 Pro. & Bus. Industriai Office Sites 1 & 2 Site 3A Pro. & Bus. Office Site 4 Pro.& Bus. Omc. Sib e sag Of General .ccyo V/ Comm 2� 9b 4 4 gg IndustrialJJ4V, SR. 1A 2f General Commercial Sit° T General Land Use Plan ` °Sit.3I" Newport Place Planned Community Gar»rW Commerclal General a1° 2 commercial Revised by Amendment 34 SBe t Date: TBD R qq Newport Lexus May 10, 2005 Page I of 8 Attachment 6 (Planning Commission Resolution No. 1665) RESOLUTION NO. 1665 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING THAT THE CITY COUNCIL CERTIFY THE NEWPORT LEXUS FINAL ENVIRONMENTAL IMPACT REPORT (SCH # 2004081004) AND APPROVE GENERAL PLAN AMENDMENT NO. 2004 -004, PLANNED COMMUNITY TEXT AMENDMENT NO. 2004 -003, USE PERMIT NO. 2004 -026, MODIFICATION PERMIT NO. 2005- 030, and TRAFFIC STUDY NO. 2004 -003 FOR PROPERTY LOCATED AT 848 & 888 DOVE STREET & 3901, 3931, & 2961 MACARTHUR BOULEVARD (PA 2004 -153). WHEREAS, an application was filed by Wilson Automotive Group for property identified as 848 & 888 Dove Street and 3901, 3931, & 3961 MacArthur Boulevard located at the southwesterly comer of the intersection of MacArthur Boulevard and Jamboree Road. The application requests approval of: a General Plan Amendment to change the land use designation from "Administrative, Professional and Financial Commercial' to "Retail and Service Commercial' for the 5 -acre northerly portion of the site and establish a maximum developable gross floor area of 139,000 square feet for the entire 8 -acre project site; an amendment to the Newport Place Planned Community Development Standards to change the designation of the 3 -acre southerly portion from "Auto Center Site" to "General Commercial" and combine the 3 -acre site and the 5 -acre site into a single site designated Site 7 and to revise use and development regulations in the Planned Community Text to allow construction of a 114,485 square -foot automobile dealership comprised of a 42,142 square -foot automobile showroom building and a 72,343 square -foot service department facility; a Use Permit as required by the Planned Community Text for an automobile dealership and for a wine bar pursuant to the Alcoholic Beverage Ordinance; a Modification Permit to allow encroachment of vehicle display areas into required landscaped yards, encroachment of eight (8) new vehicle display pads into required yards, encroachment of a screening wall and tire and fluid storage areas into a required yard, encroachment of the showroom building into a required yard, and a reduction in the required side yard at the northerly edge of the property; and, a Traffic Study pursuant to the Traffic Phasing Ordinance. WHEREAS, in accordance with California Environmental Quality Act (CEQA) requirements, a Notice of Preparation (NOP) was filed with the State s� r Newport Lexus May 10, 2005 Page 2 of 8 Clearinghouse, which assigned State Clearinghouse No. 2004081004, indicating that an Environmental Impact Report would be prepared. WHEREAS, the NOP and an Initial Study were distributed to all responsible and trustee agencies and other interested parties for a 30 -day public review period commencing on August 2, 2004 and ending on September 1, 2004. WHEREAS, in accordance with CEQA requirements, a Notice of Completion (NOC) of a Draft Environmental Impact Report (DEIR) was filed with the State Clearinghouse. WHEREAS, the Draft EIR was distributed to agencies, interested organizations, and individuals by the City. The distribution list is available at the City of Newport Beach Planning Department. The Draft EIR dated November 2004 was distributed separately due to bulk and is hereby designated as EXHIBIT EIR -1 of this Resolution as if fully set forth herein. WHEREAS, a 45 -day public review period for the Draft EIR was established pursuant to State law, which commenced on November 29, 2004 and ended on January 12, 2005. WHEREAS, all comments received during the public review period for the Draft EIR were responded to in the Response to Comments document dated March 2005, distributed separately due to bulk and hereby designated as EXHIBIT EIR -2 of this Resolution as if fully set forth herein. The Planning Commission considered all comments and responses during its review of the Environmental Impact Report. WHEREAS, on April 21, 2005, the Planning Commission held a noticed public hearing at which time the draft Final Environmental Impact Report, comprised of the Draft Environmental Impact Report, a listing of persons and organizations that provided written comments on the Draft Environmental Impact Report during the public circulation period, a compilation of those comments, and responses to those comments, was considered. Notice of time, place and purpose of the public hearing was given in accordance with law and testimony was presented to and considered by the Planning Commission at the hearing. on Newport Lexus May 10, 2005 Page 3 of 8 WHEREAS, the draft Final Environmental Impact Report identifies potential significant impacts to the environment and certain mitigation measures designed to reduce or avoid these impacts to a less than significant level. WHEREAS, as part of the development and implementation of the Newport Beach General Plan, the Land Use Element has been prepared which sets forth objectives, supporting policies and limitations for development in the City of Newport Beach and designates the general distribution and general location and extent of the uses of land and building intensities in a number of ways, including floor area limitations. WHEREAS, the General Plan provides for redevelopment of older or underutilized properties and preservation of property values through establishment of floor area limits allowing for modest growth based on trip generation characteristics of land uses to ensure that traffic does not exceed the level of service desired by the City. The proposed amendment of the Land Use Element (Exhibit A) changes the designation of a 5 -acre portion of the project site from Administrative, Professional and Financial Commercial to Retail and Service Commercial and does not result in an increase in the floor area limit established for the subject site and allows for redevelopment of the underutilized subject site and with required mitigation measures will not generate traffic in amounts that would result in an undesirable level of service in the circulation system as indicated in the traffic study prepared for this project. WHEREAS, consistent with Charter Section 423, Council Policy A -18 requires that proposed General Plan Amendments be reviewed to determine if voter approval is required. Voter approval is not required for the subject General Plan Amendment because it will not result in generation of more than 100 peak hour trips, will not increase allowable building area, and does not include any dwelling units. Peak hour trip analysis for the subject General Plan Amendment included trips generated by the proposed project plus 80% of the increase in trips associated with a previous General Plan Amendment in the same General Plan Statistical Area and indicated an increase of 21.26 AM peak hour trips and 31 PM peak hour trips. The project will be tracked as a prior amendment per Charter Section 423 and Council Policy A -18. WHEREAS, the Planned Community Development Standards Newport Place text with amendments proposed as part of this project (Exhibit C) designates the project site as General Commercial consistent with the proposed General Plan designation of Retail and Service Commercial. WHEREAS, the General Plan requires that the City maintain suitable and adequate standards for landscaping, sign control, site and building design, parking and other development standards to ensure that commercial projects are aesthetically pleasing and compatible with surrounding land uses. The City rom MPA Newport Lexus May 10, 2005 Page 4 of 8 maintains and implements development standards through the Zoning Ordinance which enables adoption of Planned Community District Regulations, approval of Use Permits for certain uses, and approval of Modification Permits. The Planned Community Development Standards Newport Place includes permitted uses and uses permitted subject to a Use Permit, regulations that ensure that the size and scale of the building, the number of parking spaces provided, the building setbacks provided, the areas of landscaped yards, and the design and placement of signs result in a project that is aesthetically pleasing and compatible with surrounding land uses consistent with objectives of the Municipal Code. WHEREAS, the proposed project is subject to a Use Permit consistent with the Planned Community Development Standards Newport Place text with amendments proposed as part of this project. The location and design of the proposed use and facilities and the proposed conditions under which the use would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the City for the following reasons: 1. All potentially significant environmental effects will either be avoided or reduced to a less than significant level through the implementation of mitigation measures as identified in the Final EIR for this project. 2. The proposed use and improvements are located adjacent to the rear wall of a retail commercial center and separated from office buildings by Jamboree Road, MacArthur Boulevard, and Dove Street such that appropriate separation of uses and buildings is provided. The proposed facility is substantially consistent in design, quality of materials, scale, and building volume with nearby structures. A condition of approval of the Use Permit requires that the applicant submit a detailed sign plan and program for review by the Planning Commission. 3. Adequate vehicular access to the site can be provided from MacArthur Boulevard and from Dove Street as indicated in a circulation study and a weaving analysis prepared for the proposed project. Vehicular access points are situated as to provide safe ingress and egress to the site. Conditions of approval include street improvements at MacArthur Boulevard and Bowsprit and the installation of on -site directional signs to direct drivers to exit the site onto Dove Street rather than onto MacArthur if intending to turn left from MacArthur onto eastbound Jamboree Road as means to enhancing safe vehicular movements near the site. In addition, the applicant is required to restrict the route used for new and used vehicle test drives as described in the conditions of approval. Nof Newport Lexus May 10, 2005 Page 5 of 8 4. No noise sensitive receptors are located near the proposed facility. Potential impacts from construction and operational noise will be reduced to less than significant levels through FEIR Mitigation Measures M -XI.1 and M -XI 2 which limit hours of construction and require noise barriers and through a Use Permit condition requiring a noise study to assure that noise levels at property lines nearest the automobile service facility and car wash are consistent with the City's noise standards. 5. Nighttime lighting of the dealerships will be subject to FEIR Mitigation Measures M -3A.2 through M -3A.8 relating to lighting plans, fixture selection, and operations controls that minimize potential lighting and glare impacts. 6. The proposed project includes on -site parking in excess of that required by the Planned Community Development Standards Newport Place. In addition, a condition of approval of the Use Permit requires that the applicant ensure that employees of Newport Lexus park only on the dealership site. WHEREAS, a wine bar proposed in the new car showroom is subject to a Use Permit and to Chapter 20.89 of the Zoning Code, "Alcoholic Beverage Outlets." Consistent with Chapter 20.89, consideration was given to whether or not the use serves public convenience or necessity, to the crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City, to the number of alcohol licenses per capita in the reporting district and in adjacent reporting districts as compared to the county -wide average, to the numbers of alcohol - related calls for service, crimes or arrest in the reporting district and in adjacent reporting districts, and to the proximity of the alcoholic beverage outlet to residential districts, day care centers, park and recreation facilities, places of religious assembly, and schools as indicated in the administrative record prepared for this project. The Planning Commission determined that the proposed wine bar would not be compatible with the sale and servicing of automobiles proposed as the principal use on the site and the applicant verbally agreed to withdraw this request from further consideration. WHEREAS, a request for approval of a Modification Permit is included with this application because the landscaped front yard adjacent to Jamboree Road is proposed to be a minimum of 18 feet rather than 30 feet as required by the Planned Community Development Standards Newport Place (PC Text), because eight (8), circular automobile display pads are proposed in the landscaped yards at Jamboree Road, MacArthur Boulevard, and Dove Street, because the front yard between the showroom building and the Dove Street property line is proposed to be a minimum of 28 feet rather than 30 feet as required by the PC Text, and because a 10 -foot high architectural screening wall and tire and vehicle fluid storage areas are proposed at a minimum of 10 feet RM Lsffilll Newport Lexus May 10, 2005 Page 6 of 8 from the Dove Street property line within the 30 -foot front yard required by the PC Text. Chapter 20.93 of the Zoning Code authorizes granting of a Modification Permit whenever strict application of provisions of the Zoning Code, including those applicable to landscaped yards and required building setbacks in front yards, would preclude a reasonable use of property. Because a 60 foot -wide easement for a water line and a storm drain bisect the proposed project site, the possible need for future repair or replacement of these lines by the City requires that sufficient access be maintained and that no building or structure be located across the easement. Compliance with minimum required front yards at each of three street frontages abutting the project site further restricts the area that may be developed with buildings. Approval of a Modification Permit to accommodate these project components would not be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood, would no be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and would be consistent with the legislative intent of the Zoning Code for the following reasons: 1. The landscaped yard adjacent to Jamboree Road has a variable depth ranging from 52' -6" to 18' from the existing right -of -way line results in landscaped yard area significantly greater in area than that which would result from incorporation of landscaped yard with a constant depth of 30 feet. No buildings will encroach into this landscaped yard thereby avoiding possible inappropriate building massing near lot lines. 2. The front yard at the automobile showroom is 28 feet at its narrowest point and 40 feet at the widest point which results in landscaped yard area significantly greater than that which would result from incorporation of a landscaped yard with a constant depth of 30 feet. 3. The 10 -foot high architectural screening wall at Dove Street provides a visual barrier between the street and the interior of the service building and screens the tire and fluid storage areas from view from Dove Street and the 10 -foot yard proposed shall be heavily landscaped to enhance the streetscape. A condition of approval of the Use Permit and the Modification Permit require installation of minimum 36 -inch box trees and minimum 5- gallon shrubs in this 10 -foot yard. 4. The proposed encroachments do not occur adjacent to any structures on another property but at rights -of -way that provide sufficient distance between the proposed buildings and those on other properties. 5. Increase in the sizes and numbers of plants provided at each front yard provide adequate visual relief and separation to compensate for reduction in minimum distances. LIMA Newport Lexus May 10, 2005 Page 7 of 8 WHEREAS, a Traffic Study was prepared under the direction and supervision of the City Transportation /Development Services Manager in accordance with the requirements of the Traffic Phasing Ordinance (TPO). The study found that the proposed project would result in a decrease in the level of service at the intersection of Irvine Avenue and Mesa Drive from "D" to "E ". Circulation improvements at the Irvine Avenue /Mesa Drive intersection that the applicant is required to make and /or fund, as a condition of project approval and pursuant to a reimbursement program or otherwise, will mitigate this decrease in level of service such that the project will neither cause nor make worse an unsatisfactory level of service. NOW, THEREFORE, BE IT RESOLVED: Section 1. The Planning Commission of the City of Newport Beach does hereby find that Environmental Impact Report (State Clearinghouse No. 2004081004) designated by reference as Exhibit EIR -1 of this Resolution including Response to Comments with "Errata" designated by reference as Exhibit EIR -2 has been prepared in compliance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines. In addition, the Planning Commission finds that the EIR adequately analyzes project — related impacts, potential cumulative impacts, identifies feasible mitigation measures and discusses project alternatives, and that the Final EIR reflects the independent judgment of the Planning Commission. The Planning Commission hereby recommends that the City Council certify the Environmental Impact Report identified as State Clearinghouse No. 2004081004 including Errata in Exhibit EIR -2. Section 2. Based on the aforementioned findings, the Planning Commission hereby recommends that the City Council approve General Plan Amendment No. 2004 -004 as in Exhibit "A" and the revised General Plan Land Use Map depicted in Exhibit `B ", Planned Community Text Amendment No. 2004 -003 as in Exhibit "C" and the revised Newport Place Land Use Map as in Exhibit °D ", and Use Permit No. No. 2004 -026, Modification Permit No. 2005 -030, and Traffic Study No. 2004 -003 all subject to Conditions of Approval set forth in Exhibit "E ". ADOPTED THIS 21St DAY OF APRIL 2005. AYES: Eaton, Cole, Tucker Selich McDaniel and Hawkins s 0 M M Lary Tucker, Chairman Jeffrey Cole, Secretary Newport Lexus May 10, 2005 Page 8 of 8 ABSENT: Toerge Newport Lexus May 10, 2005 Page 1 of 1 EIR -1 Draft Environmental Impact Report for Newport Lexus SCH #2004081004 (Provided Separately Due to Bulk) Z; Newport Lexus May 10, 2005 Page 1 of 1 EIR -2 Responses to Comments on the Draft Environmental Impact Report (Provided Separately Due to Bulk) Errata Draft Environmental Impact Report, November 2004 p. 3D -13 Under the heading 'Remaining Impacts' at the top of the page, the last two sentences of the paragraph are revised as follows (new text is underlined): Estimated daily average construction emissions would not exceed significance thresholds set by the SCAQMD. Impacts would be less than significant. Response to Comments, March 2005 p. 17, response to comment 2 -5, all text after the first sentence of the response is replaced with following: The first sentence is being deleted because this sentence created confusion regarding whether project alternatives needed to be considered. Pursuant to, CEQA Guideline Section 15126.6, alternatives to the project must be considered. A range of reasonable alternatives including the "No Project' and 'Reduced Project' were evaluated in the Draft EIR. The Reduced Project Alternative analyzed in the EIR fully addresses requirements of CEQA Section 15126.6. Q .• r Newport Lexus May 10, 2005 Page 1 of 1 Exhibit "A" The following text in the General Plan Land Use Element under Airport Area (Statistical Area L4) shall be revised from: 2 -9. NP Block J. Block J is bounded by Dove Street, Bowsprit Drive, MacArthur Boulevard, Jamboree Road and Bristol Street North. The site is designated for Administrative, Professional and Financial Commercial and Retail and Service Commercial land use. The site is allocated 204,530 sq. ft. plus 3.0 acres for auto center use. to read as follows: 2 -9. NP Block J. Block J is bounded by Dove Street, Bowsprit Drive, MacArthur Boulevard, Jamboree Road and Bristol Street North. The site is designated for Retail and Service Commercial and for Administrative, Professional and Financial Commercial land uses. The site is allocated 228,530 sq. ft. is Newport Lexus May 10, 2005 Page 1 of 1 Exhibit "B" REVISED GENERAL PLAN LAND USE MAP di Newport Lexus May 10, 2005 Page 1 of 2 Exhibit "C" The text of Planned Community Development Standards Newport Place is revised as follows (and all other provisions remain unchanged): STATISTICAL ANALYSIS, PART II., COMMERCIAUPROFESSIONAL & BUSINESS OFFICES, A. Building Sites, B. Building Area, C. Building Area, D. Parking, E. Landscaped — Open Space, F. Building Heights Site 3A, the 5.2 acre portion of the project site, is deleted from all subsections to reflect the change in designation of the 5.2 -acre site from "Commercial /Professional & Business Offices" to "General Commercial'; STATISTICAL ANALYSIS, PART II., AUTO CENTER AND GENERAL COMMERCIAL [8,9] PERMITTED USES, A. Auto Center Building Sites, B. General Commercial Building Sites, C. Building Area, D. Parking, E. Landscaping — Open Space, F. Building Height "AUTO CENTER" is deleted from the heading to reflect the change in designation of the 3.0 -acre portion of the project site to "General Commercial`; Subsection A, "Auto Center Building Sites', is deleted to reflect the change in the designation of the 3.0 acre portion of the project site from "Auto Center' to "General Commercial" and the letter designations of succeeding paragraphs are changed accordingly; "Site 7 ", representing the combined 5.2 -acre site and the 3.0 -acre site that comprise the 8.2 -acre project site, is added to the listing under General Commercial Building Sites and the cumulative acreage for that designation is changed accordingly; "Site 7 ", representing the combined 5.2 -acre site and the 3.0 -acre site that comprise the 8.2 -acre project site, is added to the listing under Building Area together with potential building area (141,120 sq. ft.) and site acreage (8.20) and the cumulative building areas and acreages are changed accordingly; "Site 7 °, representing the combined 5.2 -acre site and the 3.0 -acre site that comprise the 8.2 -acre project site, is added to the listing under Parking together with the respective number of parking spaces (357 cars) and parking area (2.98 acres) and the cumulative parking spaces and parking areas are changed accordingly; 12 Newport Lexus May 10, 2005 Page 2 of 2 "Site 7", representing the combined 5.2 -acre site and the 3.0 -acre site that comprise the 8.2 -acre project site, is added to the listing under Landscaping — Open Space together with potential landscaped acreage and the cumulative landscaped acreages are changed accordingly; "Site 7", representing the combined 5.2 -acre site and the 3.0 -acre site that comprise the 8.2 -acre project site, is added under Building Height with a maximum permissible building height of fifty -five (55) feet except for vertical projections ( "Lexus logo" tower and stairwell) which may extend to seventy -five (75) feet. Land Use Plan Newport Place Planned Community The line separating the sites designated "Auto Center Site 1 B" and 'Pro. & Bus. Office Site 3A" on the land use map is deleted. The designations of sites as "Auto Center Site 1 B" and 'Pro. & Bus. Office Site 3A" are deleted and the resultant single site is designated "General Commercial Site 7 ". The "Area Summary" is revised by increasing 7.2 ac." corresponding to 'Retail /General Commercial' to "15 ac. ", by reducing the acreage corresponding to "Office" from 70.0 ac." to "65.0 ac. ", and by deleting "Auto Center" and the corresponding "3.0 ac." to reflect the combining of the 5 -acre site 'Pro. & Bus. Offfice Site 3A" with the 3 -acre "Auto Center Site 1 B" into a single site that is designated as "General Commercial Site 7." q� Newport Lexus May 10, 2005 Page I of I Exhibit "D" aw.n xaa da.ral comm..ua 14.6 ac C.mmertl& � t a" 5 ab1 Gm.rN :Mb, m. Im Bate I 91.1 elKf Gm6 Industrial `1 Pra.n t.. Site 4 0111. al. REVISED NEWPORT PLACE MAP C, L4 Pro. d R.zlaurnt ab t C.mm.rclal 0Bus. Mad i" Pro. d Bus. IndXWOMff e Skes t d z Hi f� Si 3M. 1A 14 Pro. d Bus. Site 4 ab7 GM Glum as s REVISED NEWPORT PLACE MAP C, L4 C.mm.rclal 9b♦ hMe Hi f� 3M. 1A 14 GMINYI C rtardal ab7 GM Land Use Plan ` °.1' Newport Place Planned Community Com .rctal G.n.rai Revised by AmendmeM 34 at't Co itelelal aae t Date: TBD N REVISED NEWPORT PLACE MAP C, L4 Newport Lexus May 10, 2005 Page 1 of 9 Exhibit "E" CONDITIONS OF APPROVAL USE PERMIT NO. 2004-026, TRAFFIC STUDY NO. 2004 -003 AND MODIFICATION PERMIT NO. 2005 -030 1. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 2. The development shall be in substantial conformance with the approved site plans, floor plans, and elevations marked as Exhibit No. A to Planning Commission Staff Report for PA 2004 -153 dated April 21, 2005. 3. The service canopy shall provide minimum 15' — 0" vertical clearance over the water line and storm drain easement unless otherwise approved by the City. 4. This Use Pen-nit may be modified or revoked by the City Council or Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. The Use Permit does not permit the use or operation of a wine bar. 5. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City- adopted version of the Califomia Building Code. 6. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new Use Permit. 7. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 8. This approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. Newport Lexus May 10, 2005 Page 2 of 9 9. Use Permit No. 2004 -026 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 10. Traffic Study No. 2004 -003 shall expire unless exercised within 24 months from the date of approval pursuant to Section 15.40.035 of the Newport Beach Municipal Code. This approval shall be deemed exercised by the issuance of a building permit to construct the proposed automobile dealership. 11. Pursuant to the Traffic Phasing Ordinance, construction of all proposed buildings shall be completed no more than 60 months from the date of final approval of Traffic Study No. 2004 -003. 12. Should this site be sold or otherwise come under different ownership or be operated by a different entity than the applicant, any future owners, assignees or operators shall be notified of the conditions of this approval by the current owner or leasing company. 13. The facility shall be designed to meet exiting and fire protection requirements as specified by the Uniform Building Code and shall be subject to review and approval by the Newport Beach Building Department and the Fire Department. 14. The proposed project shall conform to the requirements of the Uniform Building Code, any local amendments to the UBC, and State Disabled Access requirements, unless otherwise approved by the Building Department. 15. All work conducted within the public right -of -way shall be approved under an encroachment permit issued by the Public Works Department. 16. The operator of the facility shall be responsible for ensuring that employees of the project automobile dealership park only on -site in areas designated for employee parking consistent with approved building plans. 17. The operator of the facility shall be responsible for the control of noise generated by the subject facility. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. 18. All mechanical equipment shall be screened from view of adjacent properties and adjacent public streets within the limits authorized by this permit, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. Newport Lexus May 10, 2005 Page 3 of 9 19. Temporary signs shall be prohibited in the public right -of -way unless otherwise approved by the Public Works Department in conjunction with the issuance of an encroachment permit or encroachment agreement. 20. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on -site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 21. Prior to the issuance of grading /building permits, Fair Share Traffic Fees shall be paid in accordance with Chapter 15.38 of the Newport Beach Municipal Code. 22. Prior to the issuance of grading /building permits, transportation corridor fees shall be paid in accordance with the TCA Major Thoroughfare and Bridge Fee Program. 23. Prior to the issuance of grading /building permits, the final design of all required off -site right of way improvements shall be reviewed and approved by the Public Works Department and Traffic Engineer. 24. Prior to the issuance of grading/building permits, the applicant shall prepare a construction phasing plan and construction delivery plan that includes routing of large vehicles. The plan shall include a haul route plan for review and approval of the Public Works Department. Said plan shall specify the routes to be traveled, times of travel, total number of trucks, number of trucks per hour, time of operation, and safety/congestion precautions (e.g., signage, flagmen). Large construction vehicles shall not be permitted to travel narrow streets and alleys as determined by the Public Works Department. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. 25. Prior to the issuance of a grading permit, a Stormwater Pollution Prevention Plan ( SWPPP) shall be prepared and approved by the City of Newport Beach as the local permitting agency in accordance with the requirements of the Regional Water Quality Control Board (RWQCB). The SWPPP shall include BMPs to eliminate and /or minimize stormwater pollution prior to, and during construction. The SWPPP shall require construction to occur in stages and stabilized prior to disturbing other areas and require the use of temporary diversion dikes and basins to trap sediment from run -off and allow clarification prior to discharge. q_7 Newport Lexus May 10, 2005 Page 4 of 9 26. Prior to the issuance of a grading permit, the applicant shall prepare a Water Quality Management Plan (WQMP) specifically identifying the Best Management Practices (BMP's) that will be used on site to control predictable pollutant runoff. The plan shall identify the types of structural and non - structural measures to be used. The plan shall comply with the Orange County Drainage Area Management Plan (DAMP). Particular attention should be addressed to the appendix section "Best Management Practices for New Development." The WQMP shall clearly show the locations of structural BMP's, and assignment of long term maintenance responsibilities (which shall also be included in the Maintenance Agreement). The plan shall be prepared to the format shown in "Attachment C" of the DAMP title ' Water Quality Management Plan Outline" and be subject to the approval of the City. 27. Prior to the issuance of a_ grading permit, the applicant shall provide proof of filing for an NOI with the SWRCB and prepare a project SWPPP that will describe the BMP's to be implemented during project construction. 28. Prior to the issuance of a building permit, the final design of all on -site parking, vehicular circulation and pedestrian circulation shall be subject to the approval of the Traffic Engineer. The location, number, and dimensions of the parking spaces shall be in substantial conformance with the approved site plan. 29. Prior to the issuance of a building permit, the applicant shall submit for review of the Traffic Engineer a plan for installation of on -site directional signs at appropriate locations as deemed necessary by the Traffic Engineer to direct drivers to exit the site onto Dove Street, rather than on to MacArthur, if intending to turn left from MacArthur on to eastbound Jamboree Road. 30. Prior to the issuance of a building permit, the trash enclosure design shall be approved by the Planning Department. The trash enclosure shall be enclosed by three walls, a self - closing, self - latching gate and shall have a decorative, solid roof for aesthetic and screening purposes. The design of the enclosure shall be integrated with the design of the other on -site buildings and structures. 31. Prior to the issuance of a building permit, the applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect. These plans shall include, at a minimum, 36 -inch box trees and minimum 5- gallon container shrubs in the ten -foot landscaped front yard between the service building screening wall and the Dove Street right of way required as a condition of approval of Modification Permit No. 2005 -0303. HAJI Newport Lexus May 10, 2005 Page 5 of 9 The landscape and irrigation plans shall incorporate drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the Planning Department, General Services Department and Public Works Department. All planting areas shall be provided with a permanent underground automatic sprinkler irrigation system of a design suitable for the type and arrangement of the plant materials selected. The irrigation system shall be adjustable based upon either a signal from a satellite or an on -site moisture - sensor. Planting areas adjacent to vehicular activity shall be protected by a continuous concrete curb or similar permanent barrier. Landscaping shall be located so as not to impede vehicular sight distance to the satisfaction of the Traffic Engineer. 32. Prior to the issuance of a building permit, the applicant shall submit for review of the Traffic Engineer the vehicular route that dealership representatives shall require that customers follow when test driving new or used vehicles as required as a condition of approval of Use Permit 2004 -026. 33. Prior to the issuance of a building permit, in accordance with the City of Newport Beach General Plan and Planned Community Standards for Newport Place, the applicant shall submit design plans to the City of Newport Beach for review to ensure consistency with the surrounding area and all conditions of approval. 34. Prior to the issuance of a building permit, the applicant shall submit a detailed sign plan and program for review by the Planning Commission as required as a condition of approval of Use Permit 2004 -026 and an application for Modification Permit if required by the PC text. The final location of the signs shall be reviewed by the City Traffic Engineer and shall conform to City Standard 110 -L to ensure that adequate sight distance is provided. 35. Prior to the issuance of a building permit, the applicant shall prepare a lighting plan and photometric study for approval by the Planning Director. The buildings and grounds shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America or based on the opinion of the Planning Director that the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Planning Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. The lighting plan shall include design features to minimize impacts of light and glare on the surrounding area as follows: Ls Newport Lexus May 10, 2005 Page 6 of 9 a. All lighting fixtures shall be consistent with Illuminating Engineering Society of North America ( IESNA) "sharp cut -off' fixtures, and will be fitted with flat glass lenses and internal and external shielding. b. Exterior, on -site lighting shall be shielded and confined within site boundaries; no direct rays or glare are permitted to shine on public streets or adjacent sites or create a public nuisance. C. Light standards for parking areas shall not exceed twenty feet in height. d. All fixtures shall be parallel with the finished grade of the project site; no fixtures shall be tilted above a 90- degree angle. e. Lighting levels will be appropriately designed to fall within the IESNA recommendations for automobile dealerships. f. Site lighting systems and showroom lighting shall be grouped into control zones to allow for open, closing, and night light/security lighting schemes. All control groups shall be controlled by an automatic lighting control system utilizing a time clock, photocell, and low voltage relays. g. Design and layout of the site shall take advantage of landscaping, on -site architectural massing, and off —site architectural massing to block light sources and reflection from cars. 36. Prior to issuance of a building permit, the applicant shall submit project plans to the FAA to be evaluated under the FAR Part 77 procedure and to the ALUC for a Determination of Consistency or Inconsistency with the JWA AELUP. 37. Prior to issuance of a building permit, applicant shall provide Letter of Closure from the County of Orange Health Care Agency for any leaking underground storage tank previously located on the site. 38. Prior the issuance of a building permit, the project shall be reviewed by the Building Department to verify compliance with the following requirements: a. Project design must comply with the 1997 Uniform Building Code (UBC) seismic design criteria. b. Structure setback must comply with either the 1997 Uniform Building Code (UBC) or the Orange County Grading Manual. C. Any imported soil for general grading shall have a Expansion Index of less than 60. d. Control site drainage. e. Design footing embedments to resist the effects of expansive soil. )V0 Newport Lexus May 10, 2005 Page 7 of 9 f. Maintain a proportionately high dead load component on foundations. 9. Over - excavate and moisture soils condition below foundations, floor slabs and hardscape. h. Use of articulation and reinforcement of concrete slabs and footings. L Use of rigid foundation and floor slabs. 39. Prior to the issuance of a building permit, the project shall be reviewed by the Building Department to verify compliance with the following requirements: a. Provide fire sprinklers for all buildings; b. Provide Class I standpipes for parking structure in addition to fire sprinklers; C. Elevators shall be capable of accommodating a gurney in accordance with Chapter 20 of the California Building Code, 2001 Edition; d. Provide on -site hydrants; e. All gates to property shall be automatic and provided with opticom and knox key. 40. Prior to the issuance of a certificate of occupancy, the applicant shall schedule an inspection by the Code and Water Quality Enforcement Division to confirm that all landscaping materials and irrigation systems have been installed in accordance with the approved plans. 41. Prior to issuance of the certificate of occupancy or final of building permits, the applicant shall schedule an evening inspection by the Code and Water Quality Enforcement Division to confirm control of light and glare as specified in these conditions. 42. Prior to issuance of the certificate of occcu ancv, the applicant shall conduct a noise study and provide verification of the results of such study to the Planning Department to assure that noise levels at property lines nearest the service facility and car wash comply with the City's noise standards. 43. Prior to issuance of the certificate of occupancy, to mitigate the TPO impact, restripe the westbound approach at the intersection of Irvine Avenue and Mesa Drive to provide one left turn lane, one shared through /left lane and one right -turn lane. In addition, necessary signal modifications will be made to implement split -phase signal operation on the east -west approaches. go Newport Lexus May 10, 2005 Page 8 of 9 44. Prior to issuance of a certificate of occupancy, applicant shall make the required improvements at the intersection of Bowsprit Drive and MacArthur Boulevard to reduce the curb radius of the eastbound free right turn on Bowsprit Drive to MacArthur Boulevard to approximately 35 feet to slow turning traffic and to increase the distance between Bowsprit Drive and the project entrance. 45. During construction of the proposed improvements: a. construction vehicles shall not block roadways on any roads adjacent to the project site or any of the roads leading to or from the project site; b. construction equipment will be properly maintained at an off -site location and includes proper tuning and timing of engines. Equipment maintenance records and equipment design specification data sheets shall be kept on -site during construction; C. all contractors will be advised not to idle construction equipment on site for more than ten minutes; d. on -site diesel fueled construction equipment will be fueled with aqueous diesel fuel; e. cover all trucks hauling soil, sand, and other loose materials, or require all trucks to maintain at least two feet of freeboard; f. pave, water (three times daily), or apply non -toxic soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites; g. sweep all paved access roads, parking areas, and staging areas at construction sites daily with water sweepers; h. Sweep streets daily with water sweepers if visible soil material is carried onto adjacent public streets; hydroseed or apply non -toxic stabilizers to inactive construction areas; enclose, cover, water (twice daily), or apply non -toxic soil binders to exposed stockpiles (dirt, sand, etc.); k. limit traffic speeds on unpaved roads to 15 miles per hour; t02 Newport Lexus May 10, 2005 Page 9 of 9 I. install sandbags or other erosion control measures to prevent silt runoff to public roadways during; m. replant vegetation in disturbed areas as quickly as possible; n. all construction equipment shall be properly tuned and maintained; o. contractors shall maintain and operate construction equipment so as to minimize exhaust emissions; P. trucks and vehicles in loading or unloading queues shall not idle; q. construction activities shall be staged and scheduled to avoid emissions peaks, and discontinued during second -stage smog alerts. 46. The applicant shall be responsible for the payment of all administrative costs identified by the Planning Department within 30 days of receiving a final notification of costs or prior to the issuance of a Building Permit. 47. The applicant shall ensure that the trash dumpsters and/or receptacles are maintained to control odors. This may include the provision of either fully self- contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Department. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 48. All landscape materials and landscaped areas shall be installed and maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 49. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a gate) or otherwise be screened from view of neighboring properties, except when placed for pick -up by refuse collection agencies. The trash dumpsters shall have a top, which shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency. 103 Newport Lexus May 10, 2005 Page 1 of 1 Attachment 7 Plans and Elevations (Provided Separately Due to Bulk) (Dl Attachment 8 Charter Section 423 Analysis Newport lews Charter Secfim 423 Analysis Newport Lexus May 10, 2005 Page 1 of 1 January 6, 2005 I v5 m c m¢y � QF � a.F I QF Fx a.F I F5 i Condition with GPA AvDroval GPA 2001 -004 80 °/a 1,272 1.78 1,72 2.30 2.20 Proposed GPA 138,930 3.00 4.00 416.79 555.72 . Total 140,202 419.09 557.92 i .Existing General Plan Auto Center Use 24,000 121 2.80 53.04 67.20 Admin., Prof., Financial Commercial 114,930 3.00 4.00 344.79 1 459.72 Total 138,930 397. S3 526.92 Chan a 1,272 21.26 31.00 I January 6, 2005 I v5 Newport Lexus May 10, 2005 Page 1 of 8 Attachment 9 Letter from Robert J. Matthews ROBERT J. MATTHEWS Attorney at Law 1201 Dove Street, Suite 100 Newport Beach, CA 92660 April 21, 2005 Honorable Members of the City of Newport Beach Planning Commission Mr. Ronald E. Soderling General Partner SBS Dove Street Partners L.P. 901 Dove Street, Suite 270 Newport Beach, CA 92660 -3038 Mr. James Biram Resoo Properties 901 Dove Street, Suite 270 Newport Beach, CA 926603038 Re. O!t/ecti.2n Letter - Propoted Lem Deaknhip — Wilson Automotive Group Dear Honorable Members of the Planning Commission of the City of Newport Beach. This oScs represents SBS Dove Street Partners L.P., and its general partner, Ronald E. Soderlmg, and Resod Properties and James Bimra, Managing Partner (collectively, " Resoo'). These parties are, respectively, the owners and manager of that certain two -story garden office building with a surface parking lot and related amenities, located at 901 Dove Street, Newport Beach, California (the "Resod Property'). For convenience is reviewing this letter, we have attached two aerial photographs of the Proposed Project and the affected neighboring landowners. One is an aerial of the area The second is an overlay of the proposed site plan of the dealership over an aerial of the current improvements, showing the location of the proposed Service Drive, among other features. Introduction This letter is written in response to that certain Notice of Public Heating, Newport Lexus (undated) (the "Notice'l. This letter of objection is being lodged with the Planning Commission in connection with the public hearing on the application of Wilson Automotive Group for Newport Lexus (the "Application'). The Wilson Automotive Im Newport Lexus May 10, 2005 Page 2 of 8 Group has proposed constructing a Lexus dealership on property located at the southwest comer of the intersection of MacArthur Boulevard and Jamboree Road at the addresses set forth in the Notice (the "Proposed Project'. The Resco Property is located at the key intersection of Dove and Quail streets, directly across the street from the Proposed Project's main Service Drive entrance to its project. It would be accurate to observe that the Resco Property rests at the "point of the spear' with regard to hearing the brunt of the impacts to be caused by the Proposed Project This letter will address the objections of the owners of the Resco Property, as well as significant negative impacts upon the Resco Property, and suggested mitigation measures. Proposed Action Sought by Resco For the reasons set forth in this letter, Resco respectfully requests that it be allowed a period of ninety (90) days to further consider this matter, and that a subsequent hearing be held on or after such date. Resco desires adequate time to engage consultants and other professionals to assist it in identifying both negative impacts of the Proposed Project on the Resm Property and appropriate mitigation measures. In addition, Resco wishes to preserve any objections that it, or other parties who object, may raise during the public comment portion of the public hearing(s) or in written materials submitted to the Planning Commission in advance of or at the hearing. Procedural Objections Resco asserts that it has not had adequate time to engage consultants to review the Proposed Project and its likely impacts upon the RESCO building, or to review the project on its merits. Accordingly, Fe o hereby reserves the right to make any and all objections that would be raised by competent outside consultants, had Resco been afforded the opportunity to engage them to prepare reports regarding the Proposed Project. These consultants would 10mly include, but are not limited to, traffic consultants, real estate appraisers, valuation analysts, environmental consultants, design consultants, landscape architects, patimtg consultants, noise consultants and others. The EIR is deficient for the reasons discussed in this letter. The Proposed Project does not comply with the use provisions of the CCRs that it is subject to, as the CCRs do not contemplate an auto dealership use. The CCRs also contemplate review of any new project by the Architectural Committee. To the extent that the Proposed Project has not received the approval of the Architectural Committee, the Proposed Project would be in violation of the CCRs. l 1)07 Newport Lexus May 10, 2005 Page 3 of 8 Reset, was not notified of the availability of the draft Elk on a timely basis as it did not receive notification until Monday, April 11. Prior to that written notice from the City, there has been no attempt to make contact with Resm regarding the Proposed Project. 1. Negative Impacts Upon tESM guildinetPProtiertY In the short time period that Ream has had to snalyce the Proposed Project and to review the EM which review was undertaken without the benefit of experienced (or indeed any) consultants due to the short time frame, Resm has identified the following negative impacts of the Proposed Project on the Resin Property. 1. Traffic/Circulation impacts, 2. Puking impacts, 3. Visual impacts, 4. Value impacts for both potential sales price and rent and vacancy issues, S. Envuonmemal impacts, 6. Light pollution, and 7. Noise impacts. Traffic and Circulation Impacts A major source of concern for the owners of the Resin Property involves traffic and circulation impacts. Again, Resco has not been afforded an opportunity to retain consultants to identify both impacts and mitigation measures regarding this technical area involving traffic and circulation. Nevertbeless, the owners of the Resco Property make the following observations and objections, and, subject to confirmation by experienced consultants, offer for consideration the mitigation measures noted below. The Eflt completely fails to address traffic counts and related issues at the Critical intersection of Dave and Quail Streets, directly in front of both the proposed dealership and the Resm Property. There is no discussion of whether the intersection of Dove and Quail Streets should be signalized due to safety concerns, and traffic volume and flow issues. ova Newport Lexus May 10, 2005 Page 4 of 8 There is inadequate discussion of the traffic circulation patterns along Dove and Quail sneers, both of which have been developed as significant airport area office park corridors. Among other specific concerns that might be identified with the assistance of parking and circulation consultants, the owners of the Resco Property express the following concerns, and, subject to input from consultants, suggest the following mitigation measures. It would appear that the concept of a landscaped center median along Dove Street commencing before the from of the dealership and proceeding to Bristol should be discussed. My client envisions a left hand turn bay of adequate depth for cars driving south along Dove, to provide controlled access to the Service Drive. Similarly, my client envisions a right hand turn deceleration lane for traffic accessing the Proposed Project in the opposite direction from Bristol. Without both the left hand tam bay, and the right hand deceleration lane, there would likely be significant traffic tie -ups and congestion, especially during the heavy office commuter times of morning and evening. Inadequate attention has been paid to the fact that Dove Street curves and bends to the right as drivers approach the dealership heading toward Bristol Street. Thus, there is a blind curve that could likely raise not only safety but also traffic circulation issues. Relocating the Service Drive from the intersection of Quaff and Dove Streets to another position along Dove Street should be explored due to already significant traffic at that intersection, which will further increase due to parties entering and exiting from the proposed dealership. The routing of test drives should be carefully considered to minimize harmful impacts on the office building owners and tenams. For example, perhaps all test drives should betaken along MacArthur Boulevard and Bristol Sheet, rather than through the office corridors along Dove and Quail Sheets. The reality, however, is that car sales people and potential customers will be tempted to take test drivers, often at speed, along Dove and Quail to avoid the traffic on MacArthur and Bristol. My clients do not believe that this important circulation issue has been adequately addressed What arrangements, if any, have been made to minimize traffic delays while vebicle transporters are entering and exiting the dealership? Where will those transporters off bad vehicles — on love Street? If so, and if the transporters will not off load vehicles on the dealership property, what will be the safety, traffic and circulation impacts upon both Dove and Quail Streets, and the office occupants and general public who use those streets as secondary routes when traffic is heavy on the primary arterials of MacArthur Boulevard and Bristol Streets? At least one lane or one and one -half of the two Isaes in one direction of traffic will be blocked while the tt:msporter is unloading vehicles. 111 Newport Lexus May 10, 2005 Page 5 of 8 Perhaps the City should bear some of the economic burdens of the mitigation measures, in light of expected tax revenue to be enjoyed by the City. It could be argued that the Applicant should not have to absorb all of the economic burden of the mitigation measures. Further, we are certain that many people are all too familiar with the traffic related issues at the current location of the Fletcher Jones dealership. The access road in front of the dealership often has dozens of cars queued up in front waiting for full service, car washes, quick service requests, and for other reasons, on what appears to be a public street. It cannot be ignored that the Fletcher Jones dealership, with all of its significant impacts, is geographically isolated. Unfortunately, the proposed Lexus dealership, with similar impacts, is not isolated — it is proposed to be located squarely in the middle of an important commercial office district. Will all of these vehicles be lined up on Dove and Quail Streets? If so, what will be the effect on other through traffic along those streets? How long and how significant will the delays be? What other spillover effects and burdens will then, necessarily, have to be absorbed by the other streets and office tenants in the area, as people seek to avoid the congested Dove and Quail intersection? Additional traffic and activity near the intersection of Dove and Quail Streets will further intensify the dangerous driving conditions that presently exist. In addition to the blind curve on Dove Street for cars proceeding toward Bristol Street, the additional cars will make entering and exiting Dove and Quail Shuts that much more difficult and dangerous. Exiting the parking lots of the existing office buildings will become that much more difficult for the tenants and their employees and vendors. Parking Impacts The owners of the Resco Property have significant concerns about parking. Paramount among these is a need to control patrons of the proposed dealership from "poaching" parking across the street on the Resco Property. The risk of this poaching will be greatly increased when the dealership is crowded. Further, the owners of the Resco Property believe that parties who do succeed in illegally parking in the Resco parking lot will be likely to jay walk across Dove Street, precisely at the curve where the risk of getting hit by a car proceeding around a blind curve is highest. Which sheets and property owners will absorb the impact of any parking shortfall on site at the dealership, as has happened at the Fletcher Jones Mercedes dealership? What assurance can the Applicant provide that the Proposed Project will, at all times, be parked in fail on site for both employees and customers? If the proposed dealership is mcentivized by the manufacturer to take on additional cars, the employees may be forced to find alternative parking off -site, in the office building or shopping center parking lots near the Proposed Project. Mitigation measures might also include the Applicant installing gates on the Rmo Property and an elechomc system to secure the parking lot. SID Newport Lexus May 10, 2005 Page 6 of 8 If the poaching coneem ripens into a major issue, a parking attendant might be necessary on the Resco property. My client's view is that this burden should be borne by the owner of the Proposed project. The owners of the Resco Property desire assurances from both the Applicant and the City that no on- street parking will everbe allowed in the fature in the vicinity of the dealership along either Dove or Quail Streets. The parking issues are exacerbated by the reality that the retail strip centers are both seriously- under - parked at Bristol on either side of Dove Street. Visual Impacts The Proposed Project will obviously produce significant negative visual impacts upon the Resco Property. These impacts include, but are not limited to, glare from a sea of parked vehicles baking in the sun, and the service and other less glamorous aspects of the dealership, including service bays and the car wash operations. With the aid of consultants, numerous other impacts and mitigation measures could be identified That said, it would appear, at a minimum, that the Proposed Project be required to implement at least the following mitigation measures. The street fluntage boundary along Dove Street should be bermed and landscaped to provide a visual barrier to the neighboring office buildings on the other side of Dove Street. This berm and the landscaping would reduce glare and other visual impacts. The critical retail visibility along MacArthur Boulevard would not be impaired or compromised Similar landscaping should be considered for installation on the Resco Property, off site, and likely on the Glenborough office property (at 895 Dove Street), although the owners of the Resco Property have not had this discussion with their neighboring office building owners. Value Impacts The owners of the Resco Property respectfiilly request the 90-day extension in order to have time to engage a real estate appraiser/valuation analyst to determine the financial impact of the Proposed Project upon the Reno Property. Topics to be explored include the extent of possible diminution of value of the building due to the Proposed Project and the negative impacts on surrounding properties. Further, the consultant would identify expected issues regarding loss of tenants, vacancy rates, and reduced rental rates due to the impacts, most notably, traffic and congestion that would reduce the attractiveness of the Resco Property to both existing and prospective tenants. Newport Lexus May 10, 2005 Page 7 of 8 Environmental Impacts Vehicle emissions caused by daily trips are the primary environmental concern The owners of the Resco Property do not believe that this core environmental issue bas been adequately addressed in the EUt, or in the design of the Proposed Project. Light Pollution Light pollution will be significant. Mitigation measures would likely include hooding the lights so that light does not shine beyond the property boundaries of the Proposed Project Also, the wattageRxigbmess of the lighting should be reduced in view of the fact that the proposed dealership would be located in an office corridor, not a retail complex. The location, orientation, size, number of signs, and brightness of retail signage should also be carefully considered, so as to reduce impacts on neighboring landowners and building occupants. Noise Impacts Noise impacts would also be significant. The volume of cars, traffic and test drives, coupled with car wash and service operations, will generate significant noise that can not be contained on the site. Mitigation measures should be explored, including, installing sound baffling equipment in critical areas of the proposed dealership. Noise issues will be even more critical during the construction phase of the dealership. A comprehensive noise mitigation program during construction should be developed- Any loudspeakers, and music, should not be audible beyond the boundaries of the dealership. Offloading of transporters will also contribute to the noise impacts. II. Violation of CCRs The Proposed Project likely does not comply with the use provisions of the CCRs ilea it is subject to, as the CCRs do not contemplate an auto dealership use. The CM also contemplate review of my new project by the Architectural Committee. To the extent that the Proposed Project has not received the approval of the Architectural Commidee, the Proposed Project would be in violation of the CCRs. The Applicant must satisfy the City and the adjoining landowners who are also subject to the CCRs that it has complied with them with the CCRs regarding both the design and operation of the Proposed Project 1tv Newport Lexus May 10, 2005 Page 8 of 8 III. Defects In EIR All of the other provisions of this letter, to the extent that they involve the EIR or should have been addressed by the EE2, are hereby incorporated in this Section III by this reference. We believe that the EIR is both legally and factually deficient in a number of important respects. It should be amended or supplemented as suggested below. The Executive Summary describes the change in zoning of the north five-acm parcel from "Administrative, Professional, and Financial Commercial" to "Retail and Service Commercial." While this change in zoning maybe consistent with the zoning of the retail parcel to the south, such a rezoning changes the character of the interior of Dove Street from professional offices in retail use with much higher impacts. No traffic counts, traffic studies or impacts are addressed for the Dove and Quail Street areas. Figure 3C -1 shows that no traffic counts were taken at all on those two streets, except Quail Street several blocks over near Birch Street. The EIR discusses visual impacts on the 895 Dove Street building, but not the Resco Property buildings directly across the street from the proposed dealership. No views of the buildings and other improvements on the Proposed Project site from Dove Street are shown in the EIR. The "No Project" scenario under the EIR implies that the existing uses are a negative impact on the environment and the surrounding area, while reaching, without adequate explanadw, an opposite conclusion regarding the Proposed Project. We believe that the EIR minimim or ignores significant impacts to surrounding properties and existing land uses in the area of the proposed dealership. Summary The Proposed Project appears to be flawed for both procedural and substantive reasons as set forth in this letter. The EIR should be supplemented or amended Neighboring property owners should be showed W days to engage consultants to study the impacts upon them and to propose mitigation measures for consideration by the Applicant Crary truly yam. Robert J. Counsel to Ke Ream parties � �3 Newport Lexus May 10, 2005 Page 1 of 1 Attachment 10 Response to Letter from Robert J. Matthews (Response to be provided under separate cover) IN Draft NEWPORT LEXUS Environmental Impact Report November 2004 Prepared for City of Newpon Beach Draft NEWPORT LEXUS Environmental Impact Report 225 Bush Street 8950 Cal Center Drive 710 Second Avenue Suite 1700 Building 3, Suite 300 Suite 730 San Franciu CA 94104 Saeran enm CA 95826 Seattle, WA 98104 (415) 8965900 (916) 564 -4500 (206) 442 -0900 43614th Street 4221 Wilshire Boulevanl 1751 Old Pecos Trail Suite 600 Suite 480 Suite Oakland, CA 94612 Les Angel., CA 90010 Santa Fe, NM 87505 (510) 839 -5066 (323) 933 -6111 (505) 992 -8860 2tw224 November 2004 Prepared for City of Newport Beach 26851JImerron mad ESA sciememeMal Suite 102 $CieMe Clearwater. FL 33762 Associates (727)572 -52:6 5850 T.G. Lee Boulevard Suite 440 Orlando FL 32822 (407) 851 -1155 DRAFT ENVIRONMENTAL IMPACT REPORT NEWPORT LEXUS TABLE OF CONTENTS Page EXECUTIVE SUMMARY ES -1 CHAPTER 1 INTRODUCTION 1 -1 1.1 Background, Scope and Content 1 -1 1.2 Purpose and Legal Authority 1 -2 1.3 Draft EIR Organization 1 -3 1.4 Draft EIR Process 1 -5 1.5 Availability of the Draft EIR 1 -6 CHAPTER 2 PROJECT DESCRIPTION AND SITE CHARACTERISTICS 2 -1 2.1 Project Background, Purpose and Objectives 2 -1 2.1.1 Project Background 2 -1 2.1.2 Project Purpose and Need 2 -3 2.1.3 Project Objectives 2 -3 2.2 Project Location and Site Characteristics 2-4 2.2.1 Regional Setting 2-4 2.2.2 Physical Environmental Setting 2-4 2.2.3 Surrounding Land Uses 2 -5 2.3 Project Description 2 -5 2.4 Project Approvals and Intended Uses of this Draft EIR 2 -9 2.5 Cumulative Development 2 -9 2.6 Project Schedule 2 -13 CHAPTER 3 ENVIRONMENTAL SETTING, IMPACTS AND MITIGATION MEASURES 3 -1 A. AESTHETICS and LAND USE 3A -1 Introduction 3A -1 Setting 3A -1 Applicable Regulations 3A -6 Impacts and Mitigation 3A -8 B. HYDROLOGY, WATER QUALITY and STORM WATER 3B -1 Introduction 3B -1 Setting 313-1 Applicable Regulations and Permits 313-3 Impacts and Mitigation 313-5 C. TRANSPORTATION /TRAFFIC 3C -1 Introduction 3C -1 Setting 3C -1 Applicable Regulations 3C -4 Impacts and Mitigation 3C -7 -ii_ DRAFT ENVIRONMENTAL IMPACT REPORT NEWPORT LEXUS TABLE OF CONTENTS - (Continued) D. AIR QUALITY Introduction Setting Applicable Regulations Impacts and Mitigation CHAPTER 4 ALTERNATIVES ANALYSIS Appendix A: Notice of Preparation / Initial Study and Responses to the NOP Appendix B: Air Quality Worksheet LIST OF FIGURES Figure 2 -1: Project Location Map Figure 2 -2: View of Platt College from Dove Street Figure 2 -3: View of Avis Rent -A -Car Facility from Dove Street Figure 24: Project Site Plan Figure 3A -1: View from the project site looking north -iii- Page 3D -1 3D -1 3D -1 3D-2 3D -8 4 -1 4 -1 4 -2 4 -5 5 -1 5 -1 5 -1 5 -2 6 -1 7 -1 7 -1 8 -1 2 -2 2 -6 2 -6 2 -8 3A -3 4.1 Introduction and Overview 4.2 Alternatives to the Proposed Project 4.3 Environmentally Superior Alternative CHAPTER 5 OTHER CEQA CONSIDERATIONS 5.1 Adverse Impacts that can be Mitigated to Less than Significant 5.2 Growth - Inducing Impacts 5.3 Significant Unavoidable Environmental Impacts CHAPTER REFERENCES CHAPTER REPORT PREPARATION 7.1 Draft EIR Preparers CHAPTER 8 ACRONYMS AND ABBREVIATIONS Appendix A: Notice of Preparation / Initial Study and Responses to the NOP Appendix B: Air Quality Worksheet LIST OF FIGURES Figure 2 -1: Project Location Map Figure 2 -2: View of Platt College from Dove Street Figure 2 -3: View of Avis Rent -A -Car Facility from Dove Street Figure 24: Project Site Plan Figure 3A -1: View from the project site looking north -iii- Page 3D -1 3D -1 3D -1 3D-2 3D -8 4 -1 4 -1 4 -2 4 -5 5 -1 5 -1 5 -1 5 -2 6 -1 7 -1 7 -1 8 -1 2 -2 2 -6 2 -6 2 -8 3A -3 DRAFT ENVIRONMENTAL IMPACT REPORT NEWPORT LEXUS TABLE OF CONTENTS - (Continued) Page LIST OF FIGURES (cont Figure 3A -2: View of offices on the west side of Dove Street, across from the LIST OF TABLES Table ES -1: Summary of Impacts and Mitigation for Newport Lexus ES -5 Table 1 -1: Required Draft EIR Contents 1 -3 Table 2 -1: Summary of Required Approvals 2 -9 Table 2 -2: Summary of Cumulative Projects List 2-11 Table 2 -3: Summary of Approved Projects 2 -12 Table 313- I: Available Non - Structural and Structural Source Control BMPs 313-8 Table 3B -2: Treatment Control BMP Categories 313-9 Table 3C -1: Intersection Level of Service Definitions 3C -3 Table 3C -2: Existing Levels of Service During the AM/PM Peak Hour (2004) 3C -5 -iv- project site 3A -3 Figure 3A -3: View of buildings north of the project site, on MacArthur Boulevard 3A-4 Figure 3A -4: View of high -rise buildings on the east side of MacArthur Boulevard, across from the project site 3A -4 Figure 3A -5: View of intersection of MacArthur Boulevard and Jamboree Road, east side 3A -5 Figure 3A -6: View of shopping center on Bristol Street, south of the project site 3A -5 Figure 3A -7: View Eastbound on Jamboree Road from Bristol Street 3A -1 I Figure 3A -8: View South along MacArthur Boulevard opposite Bowspirit Drive 3A -12 Figure 3A -9: View of site across MacArthur Boulevard and Jamboree Road Intersection 3A -13 Figure 3C -1: CMP Study Area Determination 3C -17 LIST OF TABLES Table ES -1: Summary of Impacts and Mitigation for Newport Lexus ES -5 Table 1 -1: Required Draft EIR Contents 1 -3 Table 2 -1: Summary of Required Approvals 2 -9 Table 2 -2: Summary of Cumulative Projects List 2-11 Table 2 -3: Summary of Approved Projects 2 -12 Table 313- I: Available Non - Structural and Structural Source Control BMPs 313-8 Table 3B -2: Treatment Control BMP Categories 313-9 Table 3C -1: Intersection Level of Service Definitions 3C -3 Table 3C -2: Existing Levels of Service During the AM/PM Peak Hour (2004) 3C -5 -iv- DRAFT ENVIRONMENTAL IMPACT REPORT NEWPORT LEXUS TABLE OF CONTENTS - (Continued) Page LIST OF TABLES (cont Table 3C -3: TPO Summary of Peak Hour Intersection Operation Existing Plus Growth Plus Approved Projects Plus Project Conditions 3C -10 Table 3C -4: CEQA Summary of Peak Hour Intersection Operation Existing Plus Growth Plus Approved Projects Plus Cumulative Projects Plus Project Conditions 3C -12 Table 3D -1: Ambient Air Quality Standards for Criteria Pollutants 313-3 Table 3D -2: Proposed Project Area Air Pollutant Summary, 2000 -2002 313-7 Table 3D -3: SCAQMD Air Pollution Significance Criteria 313-8 Table 3D -4: Lexus Dealership Construction Emissions 313-12 Table 3D -5: Lexus Dealership Operational Emissions 313-13 Table 4 -1: Summary of Peak Hour Intersection Operation (Reduced Project- 117 KSF) 4 -5 Table 4 -2: Intersection Improvements — Project Responsibilty 4-5 -v- Executive Summary This section provides an overview of the proposed project and its objectives, and summarizes the potential impacts anticipated as a result of project implementation. The following summary table identifies these impacts and lists the mitigation measures recommended to reduce significant adverse impacts. The alternatives in the Draft Environmental Impact Report (EIR) are briefly described. For a full description of the proposed project, its impacts, and alternatives, the reader is referred to Chapters 2, 3 and 4 of this Draft EIR. PROJECT OVERVIEW The proposed project site is 8.05 acres in size and located along the northeastern border of the City of Newport Beach. The site is located on the northwest corner of MacArthur Boulevard and Jamboree Road in the City of Newport Beach, and is bounded on the north by an office building (3991 MacArthur Boulevard) that separates the project site from Bowsprit Drive, on the east by MacArthur Boulevard and on the west by Dove Street. A commercial strip shopping center between the project site and Bristol Street (which runs parallel to the State Route 73 (SR 73) Freeway) adjoins the project on the south. The project site is located in an office park known as Park MacArthur. It is surrounded by office uses on the north, east and west. The proposed project site is currently developed with Platt College, general office uses, and an Avis rental car storage facility. It consists of two contiguous parcels which include the addresses 3901, 3931 and 3961 MacArthur Boulevard and 848 and 888 Dove Street. The northerly parcel of the project site (3901, 3931 and 3961 MacArthur Boulevard) is approximately 5.05 acres in size and contains three buildings, while the southerly parcel (848 and 888 Dove Street) is approximately three acres in size and also includes three buildings These buildings would be demolished to allow for redevelopment of the site with the proposed Lexus Dealership. The project applicant, Wilson Automotive Group, of Orange, California, proposes to develop a Lexus automobile dealership showroom and a four -story structure that would house the service department and provide employee parking and storage of automobile inventory The Lexus Dealership would include the following elements: • 33,700 square -foot showroom; • Four -story parking structure with rooftop parking; • 96,300 square -foot automotive parts and service center on first level of parking structure. Newport Law Executive Summary Administrative Draft EIR ES -1 Nowmber 2004 The project includes a General Plan Amendment and a Zoning Ordinance Amendment. The General Plan Amendment would change the land use designation for the northerly five acre portion of the site from "Administrative, Professional, and Financial Commercial" to "Retail and Service Commercial." This is the appropriate land use designation for general commercial uses including automobile dealerships. The Zoning Ordinance Amendment is necessary to revise the use and general development regulations ( "Planned Community Development Standards, Newport Place ") for the Planned Community zoning district that encompasses the project site. The Amendment would change the permitted use category for the northerly five acres from "Commercial /Professional and Business Offices" to "General Commercial," and from "Auto Center" to "General Commercial" on the southerly three acres. PROJECT OBJECTIVES The proposed project objectives are in accord with the specific goals of the City of Newport 1 Beach Economic Development Objectives. These objectives are as follows: • The City Council recognizes that the City's ability to deliver quality municipal services is dependent on adequate tax revenues derived primarily from the properties and businesses located within the City. • Healthy, thriving businesses not only increase property, sales and bed taxes they also provide employment opportunities that support local businesses and the strong residential property values that Newport Beach enjoys. • The City Council seeks to promote economic activity within the City to maintain a healthy economy, provide revenue for high quality municipal services and infrastructure maintenance and improvements, and preserve the unique commercial villages in Newport Beach. • All of these objectives serve the overriding purpose of protecting the quality of life of Newport Beach residents, and the City Council recognizes the need to balance economic development objectives with protection of the environment and the health and safety of the community. 1 City of Newport Beach Economic Development Policy hqp: /wwiv city newuott -beach ca.us.'CouncilnoliciestK -I O.htm, accessed online August 2, 2004. Newport Lesus Evecutire Summory Draft ER ES -2 November 2004 The applicant's specific project objectives are: To better serve the existing Lexus customer base in Newport Beach; • To expand Lexus' market share in Orange County and the Newport Beach area; To construct a facility of high architectural quality, complementary to the Newport Beach image; and oil WRVA Section 15123 of the California Environmental Quality Act (CEQA) Guidelines requires that an EIR summary identify areas of controversy known to the Lead Agency, including issues raised by other agencies and the public. There are no known areas of controversy associated with the proposed project. ALTERNATIVES TO THE PROJECT CEQA requires that the "no project" alternative be evaluated. Other alternatives may include a reduction in the size of the project, a different project design, or suitable alternative project sites. The range of alternatives discussed in an EIR is governed by a "rule of reason" that requires the identification of only those alternatives necessary to permit a reasoned choice between the alternatives and proposed project. This EIR does not identify any unmitigated significant adverse impacts of the project, and therefore project alternatives are not strictly necessary. In order to comply with CEQA, a "Reduced Project Alternative" is presented to illustrate how impacts would be affected if the project were reduced in size. The alternatives analyzed in the EIR are: _ • The No Project Alternative involves the scenario where the Lexus dealership is not constructed at the proposed project site. The site would remain as it is with three office buildings (one containing Platt College) on the northernmost parcel and the Avis rental car facility on the southernmost. • The Reduced Project Alternative would consist of the development of a Lexus dealership that is reduced in size by 13,000 square feet compared to the project. This alternative would satisfy all of the project objectives. In general, impacts would be similar to the proposed project. Reductions in traffic impacts, however, could be achieved: the Traffic Phasing Ordinance (TPO) analysis methodology indicates traffic impacts would be reduced to a less than significant level at the MacArthur /Jamboree intersection but would still occur at the Irvine Avenue/Mesa Drive intersection; the CEQA analysis indicates that traffic Nenporr Lesus aecurive Summary Draft EIR ES -3 November 2004 impacts would be reduced to a less than significant at both the MacArthur /Jamboree and Irvine Avenue/Mesa intersections. ENVIRONMENTAL IMPACTS Chapter 3 of this Draft E1R considers the environmental impacts associated with four issue areas. The results of this evaluation are presented on Table ES -1. The impact analysis did not identify any unavoidable significant impacts. Newport Lexus Executive Summary Draft EIR ES -4 November 2004 W W d H G O 00 r e. u G R u L .0 eo 0 N i N a h v h R C O ti W C6 E lip F.H a � v Z YI CA w U �o w 3 b io` C R U R y m v N 7 3 U R E C R U N h m v U 7 3 U R E C R U R h m v U � 3 U R E O y Q y Z Q ° '�� .q Q pp 1 5 y mil' N G `• Q N o o i o s to i s to tO z 00 C,J °? y d '• 4' 0� Z ti Q S Zf E O `1 h O y Q y d � y Q S .z O Q Z N _ .o o z 13 u £ Q °' � .to � S Z, 3 4z U Q C Q Q Z-0 °' Q o ° s s V° S U Q Q 5 y ,,, 4 l N Zf o o y N ~O Q Z ,s �Q 0I M S 5 S Q 0I "�' E O ^• ,a Y 00 r Z � 'B '... ° cj Z ^ z F O •� I N C'Yi _-0 iN '. C y z ,L� d Vp 0 �i y Q i ++•. 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S ,-0 -Z d 4 y U e 0 4 d � o ,�'., d ° 3 d o m s ,. `Q 'Q �° d 0 b Q p o' Q v 4 4 .°a '�. Q' M. yQ �4 y � 4 U �! �! 4n �! •y'+ Yy Yy Yy Yy Yy Yy Yy Yy G tw f�71 f��1 f�;1 y0 z If�1� If��1 If��1 If,�'1I If�1� C L . E � Y � L L u O u Y C y 00 w w w U U Ua U .. e a+ q E E •y •y •y •y L u ¢ •A •Vi Y O a 4 4 4 4 E A 4 a 4 eEi 0 0 a v -5' W �o Q § j § $ 7 § z 2 §\ we g� �\ \ k § 7 � $ 2 $ \ ) \ }{ )k )� g \5 {ƒ ) 7 / ƒ / \ ` 7 )ƒf }\ to \ !2z \\ ( ( \\ w> §a j j[. ]Gl�s to «) k\ {)\ } \ ) \\! to ) k k k / \ ( / \ ) § ) � { 96 ) }{ )k )� g \5 {ƒ Chapter 1. Introduction This Draft Environmental Impact Report (EIR) evaluates the environmental effects that may result from the construction of a new Lexus automobile dealership at the northwest comer of MacArthur Boulevard and Jamboree Road in the City of Newport Beach (City). The proposed project site, encompasses approximately 8.05 acres, and is located less than '/< -mile north of the State Route 73 (SR 73). This Draft EIR has been prepared in conformance with State and City of Newport Beach Guidelines for the implementation of the California Environmental Quality Act (CEQA). 1.1 BACKGROUND, SCOPE AND CONTENT As described in Section 15143 of the CEQA Guidelines: The EIR shall focus on the significant effects on the environment. The significant effects should be discussed with emphasis in proportion to their severity and probability of occurrence. Effects dismissed in an Initial Study as clearly insignificant and unlikely to occur need not be discussed further in the EIR unless the Lead Agency subsequently receives information inconsistent with the finding in the Initial Study. In compliance with CEQA, the City of Newport Beach completed a multi -step process to determine the appropriate scope of issues to be examined in the Draft EIR. A Notice of Preparation (NOP) and Initial Study (IS) were circulated to responsible agencies and interested parties, including the State Clearinghouse, describing the proposed project and requesting comments between August 2, 2004 and September 2, 2004. A copy of the NOP(IS. prepared by the City of Newport Beach and comments received are included in Appendix A of this document. The IS identified the following issue areas, which are addressed in this Draft EIR: 'air quality during construction and operation, aesthetics and land use, hydrology and water quality, and transportation/traffic. The following issues were determined by the IS not to be significantly impacted by the project and are not addressed in the EIR: • Biological Resources; • Hazards and Hazardous Materials; • Mineral Resources; • Public Services; Newport Lesus Chapter I. introduction Draft EIR I _ I November 2004 • Agriculture Resources; • Cultural Resources; • Noise; • Recreation; • Utilities / Service Systems; • Geology / Soils; and • Population / Housing. 1.2 PURPOSE AND LEGAL AUTHORITY In accordance with CEQA Section 15121(a), the purpose of an EIR is to serve as an informational document that will generally inform public agency decision makers and the public of the significant environmental effects of a project, identify possible ways to minimize the significant effects, and describe reasonable alternatives to the project. CEQA Section 15151 contains the following standards for EIR adequacy: An EIR should be prepared with a sufficient degree of analysis to provide decision makers with information which intelligently takes an account of environmental consequences. An evaluation of the environmental effects of a proposed project need not be exhaustive, but the sufficiency of an EIR is to be reviewed in the light of what is reasonably feasible. Disagreement among experts does not make an EIR inadequate, but the EIR would summarize the main points of disagreement among the experts. The courts have looked not for perfection; but for adequacy, completeness, and a good faith effort at full disclosure. The Newport Lexus Draft EIR is an informational document for use by decision makers and the public in their review of the potential impacts of the proposed project, as well as in the evaluation of alternatives and mitigation measures which may minimize, avoid, or eliminate those impacts. As such, this document includes a full discussion of the project description, the existing environmental setting, environmental impacts, mitigation measures, any residual impacts that may exist after mitigation has been implemented, and project alternatives that could alleviate potential impacts. To gain the most value from this report, certain key points recommended in the CEQA Guidelines should be kept in mind: • This report should be used as a tool to give the reader an overview of the possible ramifications of the proposed project. It is designed to be an "early warning system" with regard to potential environmental impacts and subsequent effects on the local community's natural resources. Newport Lerus Chapter I. Introduction Draft EIR 1-2 November 2004 • A specific environmental impact is not necessarily irreversible or permanent. Incorporating changes recommended in this report during the design and construction phases of project development can wholly or partially mitigate most impacts, particularly in urban, more developed areas. As the public agency with the authority to approve or deny the proposed project, the City of Newport Beach will consider the information in the Draft EIR along with other information before taking any action on the proposed project. The conclusions of the Draft EIR regarding environmental impacts do not control the City of Newport Beach's discretion to approve, deny or modify the proposed project, but instead are presented as information intended to aid the decision - making process. 1.3 DRAFT EIR ORGANIZATION As illustrated in Table 1 -1, this Draft EIR is organized into eight chapters, each dealing with a separate aspect of the required content of a Draft EIR as described in the CEQA Guidelines; it is intended for use and reference. To help the reader locate information of particular interest, a brief summary of the contents of each chapter of the Draft EIR is provided. The following sections are contained within the Draft EIR: TABLE 1 -1 REQUIRED DRAFT EIR CONTENTS Requirement/CEQA Section Location in Draft EIR Table of contents (Section 15122) - Table of Contents - Summary (Section 15123) Executive Summary Project Description (Section 15124) and Environmental Setting (Section 15125) Chapter 2 _ Significant environmental Impacts (Section 15126.2) Chapters 3A -3D Unavoidable significant environmental Impacts (Section 15126.2) Chapter 5 Mitigation measures (Section 15126.4) Chapters 3A -3D - Cumulative impacts (Section 15130) Chapters 3A -3D Alternatives to the proposed project (Section 15126.6) Chapter 4 Growth - Inducing impacts (Section 15126.2) Chapter 5 Effects found not to be significant (Section 15128) Chapter 5 Organizations and persons consulted (Section 15129) Chapters 6 and 7 List of preparers (Section 15129) Chapter 7 Newport Lexus Chapter 1. Introduction Draft EIR 1 -3 November 2004 Executive Summary: This section contains an overview of the scope of the Draft EIR, as well as a summary of environmental impacts, proposed mitigation, level of significance after mitigation, and unavoidable impacts. Also contained within this section is a summary description of project alternatives and potential growth- inducing impacts. Chapter 1. Introduction: This chapter provides an overview of the purpose and use of the Draft EIR, the scope of this Draft EIR, the environmental review process for the Draft EIR and the proposed project, and the general format of the document. Chapter 2. Project Description and Site Characteristics: This chapter defines the project location, summarizes the proposed project, and outlines the project objectives and the need for the proposed project. Chapter 3. Environmental Setting, Impacts and Mitigation Measures: This chapter describes and evaluates the environmental issue areas, including the existing environmental setting and background, applicable environmental thresholds, environmental impacts (both short-term and long - term), policy considerations related to the particular environmental issue area under analysis, mitigation measures capable of minimizing environmental hann, and a discussion of cumulative impacts. Where additional actions must be taken to ensure consistency with environmental policies, recommendations are made, as appropriate. By consolidating environmental impact assessment and site - specific policy directives within each impact area, clear linkages between impact assessment and related policy consistency can be established. Chapter 4. Alternatives Analysis: This chapter analyzes feasible alternatives to the proposed project, including the No Project Alternative, and a reduction in project scale. Chapter 5. Other CEQA Considerations: This chapter provides a summary of the proposed project's potential growth- inducing impacts; provides a list of proposed project impacts that are significant and unavoidable by issue area; discusses the environmental effects of the proposed project found not to be significant; and, identifies any irreversible changes to the natural environment resulting from the proposed project. Chapter 6. References: This chapter identifies all references used and cited in the preparation of this report. Chapter 7. Report Preparation: This chapter identifies the public and private agencies and individuals contacted during the preparation of this report, and all individuals responsible for the preparation of this report. Chapter 8. Acronyms and Abbreviations: This chapter provides a description of abbreviations and acronyms used throughout the document. Newport Lecus Chapter I. Introduction Draft EIR 1 -4 November 2004 Appendices: Data supporting the analysis or contents of the Draft EIR are provided in the appendices to the document. These include the NOP/IS and responses received, traffic report, air quality calculations and hydrology reports prepared for the project. Other reports are available at the Newport Beach Planning Department offices, 3300 Newport Boulevard, in the City of Newport Beach, CA. 1.4 DRAFT EIR PROCESS This Draft EIR has been prepared to meet all of the substantive and procedural requirements of CEQA of 1970 (California Public Resources Code Section 21000 et seq.), and the CEQA Guidelines (California Code of Regulations (CCR), Title 14, Section 15000 et seq.). Accordingly, the City of Newport Beach is the Lead Agency for this proposed project, taking primary responsibility for conducting the environmental review and approving or denying the project. As a first step in complying with the procedural requirements of CEQA, the City of Newport Beach prepared a NOP /IS to determine whether any aspect of the project, either individually or cumulatively, may cause a significant effect on the environment and, if so, to narrow the focus (or scope) of the environmental analysis. After completion, the City of Newport Beach filed the NOP/IS with the State Clearinghouse in the Office of Planning and Research as an indication that a Draft EIR would be prepared. In turn, the NOP was distributed to involved public agencies and interested parties for a 30 -day public review period, which began on August 2, 2004 and ended on September 2, 2004. The purpose of the public review period was to solicit comments on the scope and content of the environmental analysis to be included in the Draft EIR. The City of Newport Beach received three comment letters on the NOP, which are included in Appendix A of this Draft EIR. During the preparation of the Draft EIR, agencies, organizations, and persons whom the City believed might have an interest in this proposed project were specifically contacted. Information, data, and observations from these contacts are included in the Draft EIR. Agencies or interested persons who did not respond during the public review period of the NOP will have an opportunity to comment during the public review period of the Draft EIR, as well as at subsequent hearings on the proposed project. It should be noted that environmental impacts might not always be mitigated to a less than significant level. When this occurs, impacts are considered to be significant and unavoidable. If a public agency approves a project that has significant and unavoidable impacts, the agency shall state in writing the specific reasons for approving the project, based on the Final EIR and any other information in the public record for the project. This is termed a "statement of overriding Neuport Lexus Chapter 1. Introduction Draft EIR 1 -5 November 2004 considerations" and is used to explain the specific reasons why the benefits of a proposed project make its unavoidable environmental effects acceptable. The statement is prepared, if required, after the Final EIR has been completed, yet before action to approve the project has been taken. A graphic description of the EIR preparation process is provided in the following flow chart. Notice of Preparation Prepare Publict Prepare Certify Conceptual Initial Project Project Draft Agency Final Final Project Design Study W Scoping Decision EIR Review EIR EIR Public/ Public/ I I Public/ Agency Agency Agency Comments Comments Comments 1.5 AVAILABILITY OF THE DRAFT EIR This Draft EIR has been distributed to affected agencies, surrounding cities, counties and interested parties for a 45 -day review period in accordance with Section 15087 of the CEQA Guidelines. During the 45 -day public review period, which commences on November 29, 2004 and ends on January 12, 2005, the Draft EIR is available for general public review at the following locations: City of Newport Beach Planning Department City Hall 3300 Newport Boulevard Newport Beach, CA 92658 Phone: (949) 644 -3200 Hours: 7:30am to 5:30pm (Monday to Thursday) and 8am to 5pm (Friday) Newport Beach Public Library Central Library 1000 Avocado Ave. Newport Beach, CA 92660 Phone: (949) 717- 3800 Hours: 9:00am to 9:00pm (Monday Saturday) and Noon to 5:00pm (Sunday) to Thursday), 9:00am to 6:00pm (Friday and Nee port Lew Chapter 1. Introduction Draft EIR 1 -6 November 2004 Newport Beach Public Library Mariners Branch 2005 Dover Drive Newport Beach, CA 92660 Phone(949)644 -3078 Hours: 9:00am- 9:00pm (Monday and Wednesday), 9:00am- 6:00pm (Tuesday, Thursday to Saturday) and Closed Sunday Additionally, the Draft EIR can be downloaded or reviewed via the Internet at: http://www.city.newport-beach.ca.us/ Interested parties may provide written comments on the Draft EIR. Written comments on the Draft EIR must be postmarked by January 12, 2005 and should be addressed to: David Lepo Hogle- Ireland, Inc 42 Corporate Park, Suite 250 Irvine, CA 92606 (949) 553 -1427 DLepo (a),ho ale ireland. com A public hearing on the EIR is tentatively scheduled to be held on April 7, 2005 at 6:30 PM. The hearing will be held at the City Hall in the City Council Chambers. Upon completion of the 45 -day public review period, written responses to all comments on environmental issues discussed in the Draft EIR will be prepared and incorporated into the Final EIR. These comments, and their responses, will be included in the Final EIR for consideration by the City of Newport Beach, as well as any other public decision makers. Newport Lexus Chapter 1. Introduction Draft EIR 1 -7 November 2004 Chapter 2. Project Description and Site Characteristics 2.1 PROJECT BACKGROUND, PURPOSE AND OBJECTIVES 2.1.1 Project Background The proposed project site is 8.05 acres in size and located near the northern border of the City of Newport Beach. Figure 2 -1 shows the regional location of the proposed project site. The site is located on the northwest corner of MacArthur Boulevard and Jamboree Road in the City of Newport Beach, and is bounded on the north by an office building (3991 MacArthur Boulevard) that separates the project site from Bowsprit Drive, on the east by MacArthur Boulevard and on the west by Dove Street. A strip shopping center between the project site and Bristol Street (which runs parallel to SR 73) bounds the project on the south. The project site includes an office park known as Park MacArthur and an adjoining Avis rental car storage facility. It is surrounded by office uses on the north, east and west. The proposed project site is currently developed with Platt College (a small graphic arts school with approximately 250 students), general office uses and the Avis rental car storage facility. It consists of two contiguous parcels which include the addresses 3901, 3931 and 3961 MacArthur Boulevard and 848 and 888 Dove Street. The parcel on the northern edge of the project site (3901, 3931 and 3961 MacArthur Boulevard) is approximately 5.05 acres in size and contains three separate buildings, while the southern parcel (848 and 888 Dove Street) is approximately three acres in size and also includes three separate buildings. These uses would be demolished to allow for redevelopment of the project site and construction of the proposed Lexus Dealership. The buildings located on the northernmost parcel are part of the office park known as Park MacArthur. On this slightly larger than five -acre parcel are three buildings. Each of the three buildings is two stories in height and approximately 30,000 square feet in size. The building located at the south end of the site (3901 MacArthur Boulevard) is currently occupied by Platt College; the other buildings are used for general office purposes. The southern portion of the site is developed with an Avis rental car storage facility that includes three structures: a 2,500 square -foot office structure located at 848 Dove Street; a 2,700 square -foot structure at the southwest corner of the site that includes office cubicles, restrooms, and an employee kitchen; and a 10,000 square -foot cinderblock "shop" building used primarily for rental car maintenance. Newport Lecus Chapter 2. Project Description attd Site Characteristics Draft EIR 2 -1 November 2004 H N a m u a m N � d L O U U U O s, a 6. E e 9 e m 0 z u 0 w The applicant proposes to redevelop the project site for a Lexus dealership with an automotive sales and service center. The site currently has a General Plan land use designation of "Administrative, Professional and Financial Commercial" on the north parcel, and "Retail and Service Commercial" on the south parcel. The project requires a change in General Plan land use designation for the north parcel from "Administrative, Professional and Financial Commercial" to "Retail and Service Commercial." The site is currently zoned as Planned Community. General development regulations for the Planned Community zoning district at this location are set forth in "Planned Community Development Standards, Newport Place" and allows an auto center on the southern three acre parcel and office buildings on the northern five acre parcel. "Planned Community Development Standards, Newport Place" would be revised to accommodate the proposed use on both parcels. As in the existing Planned Community Development Standards, Newport Place, the revised text will include automobile centers as permitted uses subject to approval of a Use Permit. 2.1.2 Project Purpose and Need As the population of the City and the remainder of southern California increases, additional services, including commercial retail opportunities, are necessary. The development of the Newport Lexus automobile dealership would provide the residents of Newport Beach and the surrounding area with an additional retail commercial service. Furthermore, the development of the proposed project would provide an additional source of revenue for the City. 2.1.3 Project Objectives The proposed project objectives are in accord with the specific goals of the City of Newport Beach Economic Development Objectives. These objectives are as follows:l • The City Council recognizes that the City's ability to deliver quality municipal services is dependent on adequate tax revenues derived primarily from the properties and businesses located within the City. • Healthy, thriving businesses not only increase property, sales and bed taxes they also provide employment opportunities that support local businesses and the strong residential property values that Newport Beach enjoys. I City of Newport Beach Economic Development Policy http - /,'v v.city.nc =ort_ beach. ca.us /Councill)olicies[K- 10.htm, accessed online August 2, 2004. Newport Lexus Chapter 2. Project Description and Site Characteristics Dmft EIR 2.3 Nowntber 2004 • The City Council seeks to promote economic activity within the City to maintain a healthy economy, provide revenue for high quality municipal services and infrastructure maintenance and improvements, and preserve the unique commercial villages in Newport Beach. • All of these objectives serve the overriding purpose of protecting the quality of life of Newport Beach residents, and the City Council recognizes the need to balance economic development objectives with protection of the environment and the health and safety of the community. The applicant's specific project objectives are: • To better serve the existing Lexus customer base in Newport Beach; • To expand Lexus' market share in Orange County and the Newport Beach area; and • To construct a facility of high architectural quality, complementary to the Newport Beach image. The project site is served by existing transportation infrastructure and is accessible by local residents. The Lexus dealership would create new temporary employment opportunities in the construction trades in the short-term and permanent employment opportunities in retail and service jobs. The proposed project would generate additional sales tax with which the City of Newport Beach may promote general welfare within the City. 2.2 PROJECT LOCATION AND SITE CHARACTERISTICS 2.2.1 Regional Setting The proposed project is located less than one mile to the south and east of John Wayne Airport (JWA) and is less than one - quarter mile north of SR 73. It is approximately three miles southwest of the Sari Diego Freeway (I -405), two miles southwest of the University of California, Irvine, and two miles west of the San Joaquin Wildlife Sanctuary and University of California Natural Reserve System. The proposed project is located entirely within the boundaries of the City of Newport Beach adjoining the western border of the City of Irvine. 2.2.2 Physical Environmental Setting The proposed project site is predominately flat with small slopes along the easterly boundary of the project site near the MacArthur Boulevard/Jamboree Road intersection and along Jamboree Road. The proposed project site consists of 8.05 acres and two separate parcels. Located on the northernmost parcel (3901, 3931 and 3961 MacArthur Boulevard) are three, two -story buildings. The buildings are currently occupied by Platt College (in one of the buildings) and general office Newport Lesus Chapter 2. Project Description and Site Characteristics Draft EIR 2 -4 November 2004 uses in the remaining two buildings. Located on the southernmost (848 and 888 Dove Street) parcel are an Avis rental car storage facility including two office structures and an automobile repair facility. Figures 2 -2 and 2 -3 present the existing conditions at the proposed project site showing the current development. 2.2.3 Surrounding Land Uses The proposed project is located in an area with primarily business and office uses. There is a small retail commercial shopping center located to the south along Bristol Street that stretches from Jamboree Road to Dove Street. The office buildings surrounding the site vary from one to two stories in height to approximately fifteen stories in height. The following land uses surround the site: • North — The site is bordered to the north by a three -story office building (3991 MacArthur Boulevard) • East — The site is bordered to the east by MacArthur Boulevard. Several high -rise office buildings are located across MacArthur Boulevard from the project site and several mid -rise buildings are located across the MacArthur/Jamboree from the site. • South — The site is bordered on the south by a shopping center whose occupants include Conroy's Flowers, Liquor -Mart, Supercuts, Yuki's Sushi, Celebrity Cleaners and Pizza Hut. • West — The site is bordered on the west by Dove Street. Quail Street intersects Dove Street and continues to the northwest from the property boundary separating the northern parcel from the southern parcel of the project site. A mid -rise building containing the offices of John Laing Homes (895 Dove Street) is located to the west of the property on the south side of Quail Street and a two -story building located at 901 Dove Street lies north of Quail Street. A Coco's Bakery and Restaurant (900 Bristol Street) is located to the southwest of the project site. There are no sensitive receptors such as schools or residences within one half mile of the project site. 2.3 PROJECT DESCRIPTION The project applicant, Wilson Automotive Group, of Orange, California, proposes to develop a Lexus dealership showroom and an auto service building within a four -story parking structure for employee parking and storage of sales inventory. The existing buildings on the site would be Nemporl Lesus Chapler 2. Project Desorption and Sile Characteristics Draj EIR 2 -5 November 2004 SOURCE' Fmironmcnml S�icncc.ltisncim:e 7.r,u., FIR .1 2042240 Figure 2 -2 View of Platt College from Dove Street SOURCE: EneironIn"WI Sc,, c A.ewcia�es ._— _.No,pm'r &n, 12 Lena EIR12042'40 Figure 2 -3 View of Avis Rent -A -Car Facility from Dove Street demolished. The project includes amendment of the City of Newport Beach General Plan to change the land use designation of the five acre northern parcel from "Administrative, Professional and Financial Commercial' to "Retail and Service Commercial." The project also includes amendment of the Zoning district development regulations applicable to this site through revision of the text of "Planned Community Development Standards, Newport Place" to allow an automobile dealership on the northern five acre parcel. This amendment would allow general commercial uses, as currently defined in the Planned Community Development text, on the entire site. An automobile center would be permitted subject to approval of a Use Permit. The proposed development plans would involve the construction of a Lexus Dealership that would include the following elements: • 33,700 square -foot showroom; • Four -story parking structure with rooftop parking; • 96,300 square -foot automotive parts and service center on first level of parking structure. A site plan of the proposed project is shown in Figure 2 -4. Although the showroom would be 33,700 square feet in size, the actual "footprint" of the project would be 27,700 square feet; the additional 6,000 square feet would be utilized in the form of a mezzanine. The overall showroom building height would be 35 feet. The showroom would be in the approximate center of the site. The showroom building main entrance would face northeast, toward MacArthur Boulevard. The showroom building would include an area for sales managers and service writers, a customer lounge, and a merchandise boutique. The rear of the showroom building (east side) would include the service reception area and cashier. The showroom would include two customer patios, one on the north side of the showroom and one on the east side of the showroom. The automobile service center would be located within the parking structure and would consist of a 75,000 square -foot service area on the first floor. An additional 18,000 square -foot service area would be provided on the second floor-of the parking structure. A car wash facility would be located adjacent to the southwesterly side of this building on the ground floor. Automobile inventory and employee parking are included in this structure. Vehicular access from MacArthur Boulevard would be provided at the north end of the site. This entrance would be a right -in, right -out only and would provide access primarily to the showroom and, secondarily, to other areas of the dealership site. Vehicular access from Dove Street would be provided at three locations: into the automobile display lot on the northerly portion of the site; into the service write -up area between the showroom and service facility opposite the intersection of Dove Street and Quail Street; and at the southwesterly corner of the site near the car wash facility. The southwesterly entrance would be a gated and used primarily by service personnel and for service department test drives. Delivery trucks would access the site from Dove Street. Newport Le"s Chapter 1. Project Description and Site Characteristics Draft EIR 2 -7 November 2004 i 1 f w f \ II -a J / POPrGE b / j V m 4 U W k'q U O V w O 3 2 Up to 250 employees (at full operation) would work at the proposed Lexus dealership on a daily basis. The proposed hours of operation for the Lexus dealership showroom would be from 9:00 AM to 10:00 PM, seven days per week. The automotive service center would be open to the public Monday through Saturday from 7:00 AM to 9:00 PM. The automobile service center would be closed on Sundays. Deliveries to the dealership could occur at any time. 2.4 PROJECT APPROVALS AND INTENDED USES OF THIS DRAFT EIR This Draft EIR includes discussion of State and local governmental discretionary approvals that may be required to construct or implement the proposed project, whether or not they are explicitly listed below. A summary of the known discretionary approvals required to implement the proposed project is provided in Table 2 -1 as follows: Approval TABLE 2 -1 SUMMARY OF REQUIRED APPROVALS Description Status General Plan Amendment To amend the General Plan land use Dmft changes to be considered in designation from "Administrative, conjunction with EIR certification and Professional, and Financial project entitlement. Commercial' to "Retail and Service Commercial' on a portion of the site. Amendment to the Zoning To amend the "Planned Community Draft changes to be considered in Ordinance Development Standards, Newport conjunction with EIR certification and Place" text to include auto center use project entitlement. on northerly 5 -acre parcel. Use Permit To allow the proposed use on the project site. Building/Grading Permits To allow commencement of construction of proposed project. Source: City of Newport Beach, 2004. 2.5 CUMULATIVE DEVELOPMENT To be considered in. conjunction with EIR and project entitlement. _ To be considered at a future time after discretionary entitlements granted. Cumulative impacts refer to the combined effect of proposed project impacts with the impacts of other past, present, and reasonably foreseeable future projects. The discussion of cumulative impacts need not be as detailed as the discussion of environmental impacts attributable to the Ne+ port Laos Chapter 2. Project Description and Site Characteristics Dwft EIR 2 -9 November 2004 proposed project alone. The discussion is intended to be guided by the standards of practicality and reasonableness. The treatment of cumulative impacts in this Draft EIR is guided by the following: 1) According to Section 15355 of the 2001 CEQA Guidelines, "cumulative impacts" refer to two or more individual effects which, when considered together, are considerable or which compound or increase other environmental impacts. a) The individual effects may be changes resulting from a single project or a number of separate projects. b) The cumulative impact from several projects is the change in the environment that results from the incremental impact of the project when added to other closely related past, present, and reasonably foreseeable probable future projects. Cumulative impacts can result from individually minor but collectively significant projects taking place over a period of time. 2) According to CEQA Section 15355, a "cumulative impact" consists of an impact which is created as a result of the combination of the project evaluated in the EIR together with other projects causing related impacts. An EIR should not discuss impacts that do not result in part from the project evaluated in the EIR. 3) According to CEQA, the mere existence of significant cumulative impacts caused by other projects alone shall not constitute substantial evidence that the proposed project's incremental effects are cumulatively considerable. Therefore, the cumulative discussion in this Draft EIR focuses on whether the impacts of the proposed project under review are cumulatively considerable within the context of impacts caused by other past, present, or future projects. Cumulative impact discussions for each issue area are provided in the technical analysis contained within Chapter 3, Sections A through D. Table 2 -2 Summary of Cumulative Project List provides a list of the cumulative projects that are considered in this cumulative environmental analysis, and comprise development projects planned in the proposed project area. Cumulative projects are those projects that are in various stages of the application and approval process, but have not yet been approved. The cumulative project list was compiled using project lists provided by the Planning Departments of the City of Newport Beach and the City of Irvine. Cumulative impacts analyzed in this Draft EIR (impacts from related projects in conjunction with the proposed project) would likely represent a conservative scenario that would over - estimate impacts for the following reasons: • It is likely that some of the future projects will not be constructed or opened until after the proposed project has been built and occupied. Newport Lexus Chapter 2. Project Description and Site Characteristics Draft EIR 2-10 November 2004 TABLE 2 -2 SUMMARY OF CUMULATIVE PROJECTS City Project Name Project Description Newport Bridgeport (Newport Pier Area) 28 Apartments 19.6 KSF Commercial 10.4 KSF Commercial Office Beach Mormon Temple 17.46 KSF Mormon Temple Saint Mark Presbyterian Church 34.8 KSF Church 4.72 KSF Da care Our Lady Queen of Angels 18.5 KSF Church 250 Students St. Andrews Presbyterian Church 35.95 KSF Church Regent Newport Beach Hotel 156 Rooms Bonita Canyon - Bluff Commercial Center 40.3 KSF Community Retail Newport Coast 3,180 SF Residential (954 future) 1,880 Condo / MF Residential 564 future Newport Ridge 2,107 SF Residential (632 future) 1,281 MF Residential (384 future) 102.959 KSF Commercial Irvine Crossings Campus Center I Irvine Marble Mountaii Exodus Community Center and Expansion - High School - Elementary/Middle School - Child Care Center Central Park 736 Apartments 102.6 KSF Industru 202 Condominiums 132.8 KSF Office 221 Single- Family 1 330 Condominiums 35 KSF Health Clul 328.25 KSF Church V'Torah 1 48.73 KSF Health( DU = Dwelling Units SF = Single - Family (Residential) KSF = Thousand Square Feet MF = Multi- Family (Residential) 83.49 KSF Church 320 Students 160 Students 27.78 KSF 1,380 Multi - Family Dwelling 19.6 KSF Retail 425 KSF Office / 7.5 KSF Restaurant 154 KSF Health Club / -12 KSF Office / -23 KSF Industrial Source: Planning Departments of the City of Newport Beach and City of Irvine, 2004. • Impact projections for future projects would likely be, or have been, subject to unspecified mitigation measures, which would reduce potential impacts. • Many future projects are expressed in terms of gross square footage or are conceptual plans such as master plans that assume complete development; in reality, such projects may be smaller (i.e., the net new development) because of the demolition or removal of existing land uses resulting from development of the related project. Newport Lexus Chapter 2. Project Description and Site Characteristics Draft EIR 2 -11 November 2004 The potential for cumulative impacts to occur from the proposed project could occur: 1) Within Local Context: Development of the proposed project in conjunction with other projects in the nearby area could result in locally significant impacts (i.e., such as construction- related impacts). 2) Within the Regional Context: Development of the proposed project in conjunction with other projects could result in regionally significant impacts (i.e., such as air quality). Approved project information was provided by the cities of Newport Beach and Irvine staff. Approved Projects are projects that have been approved, but are not yet built and fully occupied. A summary of Approved Projects for both Newport Beach and Irvine is provided in Table 2 -3. City Newport Beach Irvine TABLE 2 -3 SUMMARY OF APPROVED PROJECTS Project Name Balboa Bay Club Expansion Fashion Island Expansion Temple Bat Yahm Expansion Ford Redevelopment Cannery Lofts Village Hoag Hospital Phase II CIOSA — Irvine Project Newport Dunes 1401 Dove Street Newport Auto Center Expansion Olsen Townhome Project Bayview Landing Senior Housing Birch Bayview Plaza II 494/496 Old Newport Boulevard 401 Old Newport Boulevard The Lofts at Von Karman Essex Apartments MetLife Apartments Campus Center Phase I and IIA 2300 Michelson Office Source: Planning Departments of the City of Newport Beach and City of Irvine, 2004. Newport Lesus Chapter 2, Project Description and Site Choracterisocs Draft EIR 2 -12 November 2004 2.6 PROJECT SCHEDULE The project is proposed to be completed in 2006. Total construction time is anticipated to last approximately 18 months. Currently it is estimated that demolition would last approximately eight weeks, site grading and preparation would last approximately eight weeks and building construction would last approximately 14 months. Building construction could occur while site preparation is occurring on another portion of the site. Ne »port Lexus Chaprer 2. Project Description and Site Characteristics Draft EIR 2.13 November 2004 Chapter 3. Environmental Setting, Impacts and Mitigation Measures The following sections include an analysis, by issue area, of the proposed Newport Lexus Dealership project on the environment in compliance with Section 15126.2(a) of the CEQA Guidelines. Each environmental issue area includes the following subsections: • Introduction; • Setting; • Applicable Regulations; • Impacts and Mitigation; Methodology; • Criteria for Determining Significance; and, Project Impacts The environmental issue areas analyzed in this section are as follows: • Aesthetics and Land Use Air Quality Nekport Lexvs Draft EIR • Hydrology and Water Quality Transportation/Traffic Chapter 3. Environmental Setting. Impacts and Mitigation Measures 3 -1 November 2004 3A. Aesthetics and Land Use INTRODUCTION This chapter discusses the potential aesthetic (or visual resource) impacts associated with the proposed project. This chapter includes a discussion of the qualitative aesthetic characteristics of the existing environment that would be potentially degraded by the implementation of the proposed project, and the consistency of the proposed project with established visual resources policies relevant to the project. This chapter also discusses the proposed project's consistency with existing land use policies and/or regulations and land use compatibility issues. SETTING Regional Character In general, Orange County is characterized by a variety of landforms including coastal shorelines, flatlands, hills, mountains, and canyons. The Pacific shorelines are characterized by broad sandy beaches, coastal bluffs, uplifted marine terraces, and tidal marshes. Major ridgelines occur in the Santa Ana Mountains, Lomas de Santiago, and the San Joaquin Hills. The proposed project site is located in a predominantly urbanized area that includes primarily low and mid -rise buildings occupied primarily by general office uses and including limited retail sales and restaurant uses Onsite and Surrounding Visual Elements Existing Site Area The proposed project site is located at the northwesterly corner of the intersection of MacArthur Boulevard and Jamboree Road in the City of Newport Beach. The site is predominately flat with slight slopes along the eastern portion of the site. The City of Newport Beach General Plan currently designates the site as Administrative, Professional and Financial. The proposed project site consists of 8.05 acres spread over two parcels, both of which are fully developed. The southern most parcel is developed with an Avis rental car storage facility and the northern most parcel is developed with Platt College (three, two -story buildings) and general office uses. In total the project site contains six buildings including two office structures and an automobile repair facility on the Avis lot. The project site also contains some light landscaping as a buffer between the two sites and along the eastern edge of the site (along MacArthur Boulevard). Nenporf Lex 3A. Aesthetics and Land Use Draft EIR 3A -1 November 2004 Surrounding Area The project site is located entirely within the City of Newport Beach, but is immediately west of the City of Irvine. JWA Airport is located approximately one mile to the north of the project site. The proposed project site is located in an area with primarily commercial office uses. Properties across MacArthur Boulevard include one office building approximately 15 stories in height and several low -rise (4 stories or less) and mid -rise (5 -10 stories) office buildings. To the south of the project site is a single -story retail shopping center that includes several eateries and service shops (including Supercuts, Yuki's Sushi, Celebrity Cleaners and Pizza Hut). Across the MacArthur /Jamboree intersection to the east are several mid -rise office buildings, while to the west are several more mid -rise buildings containing general office uses. The proposed project site is not located near (within one mile) of sensitive receptors such as schools or residences. Light and Glare The proposed project site currently produces minimal light in the area. The commercial structures along the southern portion of the site have minimal nighttime lighting which is primarily for security purposes. Similarly, the surrounding commercial and office buildings to the north, east and west produce low -level light and minimal glare. The major nighttime light sources are from street lights, building interiors, security lighting, and parking lot lighting. Existing Viewers Viewer sensitivity is based, in part, on the visibility of resources in the landscape, the proximity of viewers to the visual resources, the vertical elevation of viewers relative to the visual resources, the frequency and duration of views, the number of viewers, and the types and expectations of the individuals and viewer groups. Generally, visual sensitivity increases with an increase in total number of viewers, the frequency of viewing, and the duration of views. However, visual sensitivity is generally higher for views seen by people who are driving for pleasure, engaging in recreational activities, or who are homeowners. Visual sensitivity is generally believed to be lower for people commuting to and from work. As indicated above, the proposed project site is located in an urban area surrounded by a mix of uses including commercial, retail and office space in the City of Newport Beach. Figures 3A -1 through 3A -6 demonstrate the existing visual character of the proposed project site and the Newport Lexus 3,4_4c rhedcs and Land Use Dwfll EIR 3A -2 Nov mber?004 ¢part BrudrLnvn EIR '204.240 SOURCE Em,im,mcWM 5.,.....:..:..c imi. Figure 3A -1 View from the project site looking north %o,p, t Uau h b% us FIR 1''04224M mmmental Science .4ssnciu�ts Figure 3A -2 View of offices on the west side of Dove Street, across from the project site L 'F NOURCL Fncvnnmomal Scmnce:hs.... —...— —. \, "x U...x. L LcruS FIR /ZU4224 ■ Figure 3A -3 View of buildings north of the project site, on MacArthur Boulevard SOURCE:En \innunental Science Asaria¢s _._ _.. .__. — —._. _.. .._ _ _ _._. .— ____ .:M1''l BCnc'h LCnxa FIR'2042240 Figure 3A -4 View of high -rise buildings on the east side of MacArthur Boulevard. across from the project site SuURCL; En,w, m W Sacncc: \swn'ates :V'. n ..... I Y,i, 1, L,ws FIR /.04224 ■ Figure 3A -5 View of intersection of MacArthur Boulevard and Jamboree Road, east side $/'4�R1'E: Encimnmcntal &-icncc n.¢�m� any ...... . . -__ 5. ::; •�.r: h1, ,,,s EIR/'OJ1_'4■ Figure 3A -6 View of shopping center on Bristol Street, south of the project site surrounding area. From the project site facing north (towards Bowsprit Drive), there is a three story office building that dominates the view. Facing south from the site, there are a few small commercial structures which front onto Bristol Street. From the project site facing east, the view includes several office buildings including two high - rise buildings (approximately 15 stories) directly across from the project site on MacArthur Boulevard. Beyond the office buildings are the University of California, Irvine and the San Joaquin Wildlife Sanctuary; however neither of these uses are visible from the project site. From the site facing west, there are several low to mid -rise office buildings located at the intersection of Dove Street and the project site. Office buildings dominate the streetscape to the northwest of the site. APPLICABLE REGULATIONS City of Newport Beach General Plan Development within the City of Newport Beach ranges from lower density single- family residential areas, to more intensely developed beachfront residential areas. Commercial areas range from master planned employment centers to marine industrial and visitor commercial areas. The City of Newport Beach General Plan delineates the planning guidelines and policies for development throughout the City. The General Plan designates groupings of small communities or "villages" within Newport Beach. Many of the newer developments within the City (including the proposed project site) are based on a "planned community" concept. The General Plan Land Use Element divides the Land Use Plan into "Statistical Areas" within which the permitted uses and building intensity are specified. The project site is within the Land Use Element Airport Area (Statistical Area L4) and identified as part of Newport Place (NP), Block J, of Statistical Area L4. NP Block J includes "Administrative, Professional and Financial Commercial' and "Retail and Service Commercial' land use designations. The Land Use Element to the City of Newport Beach General Plan, adopted in October 1998, sets forth a number of policies that are concerned with the orderly balance of residential, retail, commercial and public service facilities. The General Plan places an emphasis on preserving and enhancing the unique beauty, character, charm and quality of life found in the various residential and commercial villages within the City. The goals and policies of the General Plan Land Use Element that apply to the proposed project include: t ' City of Newport Beach. General Plan — Land Use Element, 1988, as amended January, 2000. Newport Laws 3.4. AestheRcs and Land Usv Draft EIR 3A -6 November .004 Policy L: The City shall encourage its community commercial districts to reflect and complement the high quality of its residential areas. The City shall promote the prosperity of its several community commercial districts through the adoption and application of its planning, zoning, building and public works codes, regulations, policies and activities. Guidelines 1. The City desires to promote quality community commercial areas that reflect the City's attractive, enjoyable and valuable residential areas. Attractive in the sense of architecturally and aesthetically stylish with enduring designs, materials and landscaping. Et joyable in the sense of both pride and ownership and compatibility with neighbors and community goals. Valuable in the sense of both market price and municipal revenue. 2. The City recognizes that its regulations and requirements have a significant effect on the success and the viability of commercial districts and individual business. S. The City recognizes that "Looking Good is Good Business" and that well designed and maintained business districts are the most successful. 6. The City recognizes that to be successful its business districts must appeal to residents, visitors and tourists. Newport Place Planned Community Zoning District The area bounded by Birch Street, MacArthur Boulevard, Jamboree Road and Bristol Street is zoned PC, Planned Community. General development regulations applicable to properties zoned PC at this location are set forth in the text of "Planned Community Development Standards, Newport Place." This text designates the southerly three acres of the project site as "Auto Center" and the northerly five acres as "Commercial/Professional and Business Offices." John Wayne Airport, Airport Land Use Plan The proposed project is located within the planning area for John Wayne Airport established by the Orange County Airport Land Use Commission (ALUC) and defined in the Airport Environs Land Use Plan (AELUP) 2 Development projects within this planning area are to be submitted to the ALUC for review for consistency with the ALUP. z Airport Land Use Commission, Airport Land Use Plan for John Wayne Airport htto: / /www.ocair.com/AELUP text version.htm, accessed online September 30, 2004. Nenyort Lerus 3A. Aesohetics and Land Use Draft EIR 3A_7 November 2004 Building Height Restrictions Zone The ALUC has adopted Federal Aviation Regulation Part 77, Objects Affecting Navigable Airspace, to establish the maximum permissible height of structures within the John Wayne Airport planning area. FAR 77 defines "imaginary surfaces" above which physical structures may not project. The ALUC also uses FAR Part 77.23 standards for determining if a structure is an "obstruction." Noise Impact Zone The ALUP identifies land uses which are "normally acceptable," "conditionally acceptable ", and "normally unacceptable" within each noise impact zone delineated by the respective Community Noise Equivalent Level (CNEL) noise contour derived from studies of aircraft flight operations into and out of John Wayne Airport. IMPACTS AND MITIGATION Methodology Aesthetics Characterizing aesthetics can be highly subjective; therefore, the evaluation of aesthetic resources in the landscape requires the application of a process that objectively identifies the visual features of the landscape and their importance, and the sensitivity of receptors that view them. Sensitive receptors that have views of the project site are first identified and the relative importance of these views is determined. The project - related changes to the aesthetic character of the site and surrounding area are qualitatively evaluated based on the extent of proposed modification of the physical conditions and the estimated viewer sensitivity to this modification. A policy analysis will determine the project's consistency with relevant planning regulations and General Plan goals, objectives, and policies. Light and glare impacts are determined through a comparison of the existing light sources with anticipated light levels consistent with the proposed lighting plan. if the project has the potential to generate lighting that is dispersed onto adjacent properties occupied by sensitive receptors, or to produce glare at sensitive receptor sites in the vicinity, mitigation measures will be identified as necessary to reduce potential impacts. Land Use The environmental baseline for the proposed project is based on project information pertaining to existing land use characteristics and patterns. The proposed project is assessed to determine whether it creates physical division within the community. In addition, the proposed project also is assessed to determine its conformity with applicable local plans and policies. Nenpart Lews 3A. Aesthetics and Land Use Draft EIR 3A -8 November 2004 Criteria for Determining Significance The criteria used to determine the significance of a potential impact are based on the model initial study checklist contained in Appendix G of the CEQA Guidelines. The proposed project may result in a significant impact if it would: Aesthetics • Have a substantial adverse effect on a scenic vista; • Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway; • Substantially degrade the existing visual character or quality of the site and its surroundings; • Conflict with established plans or policies concerning visual resources; • Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area; or, • Conflict with an applicable land use plan or policy. Land Use • Physically divide an established community; • 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 plan, specific plan, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect; or, • Conflict with any applicable habitat conservation plan or natural community conservation plan. Project Impacts Potential Impact 3A1: Scenic vistas, scenic resources, existing visual character and quality. The proposed project site is located in an urban area that includes a mix of office and other commercial land uses. The proposed project site is predominantly flat with scattered amounts of ornamental vegetation and landscaping throughout. The existing structures located on the site would be removed as part of the proposed project. The proposed project site is not located within a scenic vista and redevelopment of the proposed project site would not obstruct the view of any scenic vistas. Newport Lexus 3A. Aesthetics and Land Use Droft EIR 3A-9 November 2004 The project site is located in an area developed primarily with office buildings and including some retail sales and restaurant uses. Architecture ranges from modern, glass -clad mid -rise and high -rise buildings to single -story buildings clad in stucco as are common throughout southern California. The project site is currently developed with an Avis rental car storage facility and three, two -story office buildings housing Platt College and various other commercial offices. Plans for the proposed project include a two -story automotive showroom and business office building and a four -story parking structure that includes ground floor and second floor service areas as well as rooftop parking. Figures 3A -7 through 3A -9 illustrate the existing conditions and the proposed conditions at the project site. These visual simulations indicate the overall scale and massing of the proposed project would be consistent with the surrounding area. Review of project plans by the City Planning Commission would ensure consistency with the surrounding area. With the inclusion of mitigation measure M -3A.1 this impact would be less than significant. Project development would result in an overall increase in building intensity on the site and would include parking on the roof of the parking structure. Since this type of parking cannot be landscaped in a manner similar to surface parking, it will be more visible to occupants of taller office buildings. There are many such parking structures in the vicinity of the site, however, and there is a reasonable expectation of this type of development in the area. Mitigation Measures M -3A.1 In accordance with the City of Newport Beach General Plan and "Planned Community Development Standards, Newport Place, " the applicant shall submit design plans to the City of Newport Beach for review to ensure consistency with the surrounding area and all conditions of approval. Remaining Impacts The proposed project would not have a substantial adverse effect on a scenic vista, damage a scenic resource and/or degrade the existing visual character or quality of the site. Impacts would be less than significant. Potential Impact 3A2: Consistency with established plans and policies concerning visual resources. The Newport Beach General Plan Land Use Element includes Policy L and Guidelines that promote attractive development in commercial areas. In addition and consistent with Policy L, development guidelines are included in "Planned Community Development Standards, Newport Place." Newport Lexus 3A. Aesthetics and Land Use Draft EIR 3A -10 Noiwmber 2004 O C U m .N 1 Y � L 5 N C c u 5 Q M� M1'1 M_ r V N A ti C O b C C O A v: W 3 G r :L G y c 0 U 'i v 0 d L a V d z �QM OA p. j1y O C0 O a a O 0 2 J u v z r LAL Ju C J J W ■ O� C ^ � O � L N .7. ti 4 • � I v L ._mm 1 'D J v J O L h 7 L f^ L U 3 n O L J N N I These have been revised as part of the project to ensure quality new development on the subject site. The proposed project would adhere to the requirements of Newport Place Planned Community for the proposed project site. Therefore, the design of the proposed project would be consistent with existing and future design guidelines as determined by the City of Newport Beach. This impact would be less than significant. Mitigation Measures No mitigation is required. Remaining Impacts The proposed project would be consistent with established plans and policies concerning visual resources. Impacts would be less than significant. Potential Impact 3A3: New sources of light or glare that could affect surrounding uses. Redevelopment of the project site with the Newport Lexus automobile dealership would increase light and glare at the project site. The proposed project would implement nighttime building lighting, security lighting, and landscape lighting. Lighting on the project site would be detectable from the surrounding areas. However, the proposed project site is located in an urbanized area and redevelopment of the site with the proposed Lexus dealership would be consistent with existing development in the area. In addition, the proposed project is not located in the vicinity of any sensitive receptors such as schools or residences. Neither the City of Newport Beach General Plan nor Municipal Code contains any specific lighting guidelines. However, generally accepted standards have been established by the Illuminating Engineering Society of North America (IESNA) a collection of engineers, architects, scientists and other professionals who aim to disseminate information for the improvement of the lighted environment. With the inclusion mitigation measures M -3A.2 through M -3A.8, potential light and glare impacts associated with the proposed project would be less than significant. Mitigation Measures M -3A.2 All lighting fixtures shall be consistent with Illuminating Engineering Society of North America (IESNA) "sharp cut -off' fixtures, and will befitted with flat glass lenses and internal and external shielding. 3 Illuminating Engineering Society ofNortb America btto: / /ww .iesna.ore'abouthvbat is iesnaxim, accessed online October 19, 2004. Newport Lexus 3.4. Aesthetics and Land Use Draft EIR 3A-14 November 2004 M -3A.3 All fixtures shall be parallel with the f nished grade of the project site; no fixtures shall be tilted above a 90- degree angle. M -3A.4 Lighting levels will be appropriately designed to fall within the IESNA recommendations for automobile dealerships. M -3A.5 Site lighting systems and showroom lighting shall be grouped into control zones to allow for open, closing, and night light /security lighting schemes. All control groups shall be controlled by an automatic lighting control system utilizing a time clock, photocell, and low voltage relays. M -3A.6 Design and layout of the site shall take advantage of landscaping, on -site architectural massing, and off —site architectural massing to block light sources and reflection from cars. M -3A.7 The applicant shall submit a lighting plan and photometric plan to be reviewed by the City of Newport Beach. The lighting plan shall include design features (such as those mentioned above) to minimize impacts of light and glare on the surrounding area. M -3A.8 A post - installation inspection will be required to ensure that the site is not excessively illuminated and that illuminations lighting sources are properly shielded. Remaining Impacts The proposed project would not create significant new sources of light or glare that could affect surrounding uses. Impacts would be less than significant. Potential Impact 3A4: Consistency with local land use policies. As previously described, the General Plan provides a long -term plan for the physical development within the City. The Land Use Element of the General Plan identifies the proposed distribution and intensity of uses of the land for housing, business, industry, open space, natural resources, public facilities, waste disposal sites, and other categories of public and private uses. Its aim is to correlate land use issues to a set of coherent development policies. The Newport Beach General Plan Land Use Element designates the northerly five acres of the project site as "Administrative, Professional and Financial Commercial' and the southerly three acres as "Retail and Service Commercial." The former designation includes professional and administrative office uses and the latter designation accommodates retail and service commercial uses including automobile sales. Newport Lex s 3A. Aesthetics and Land Use Draft E/R 3A -I5 November 2004 The Planned Community zoning designation for the project site requires more specific use and development standards than are included in the General Plan. These are provided in the text of "Planned Community Development Standards, Newport Place" (PC text). The PC text currently allows auto sales on the southerly three acres and commercial office uses on the northerly five acres. The City of Newport Beach Planning Department is currently revising the PC text to accommodate retail commercial uses including auto sales on both parcels. Consistent with the existing PC text, an automobile dealership will require a Use Permit. The proposed project has also incorporated design features, including landscaping throughout the project site, that would increase compatibility with the existing land uses. The proposed project would not create any significant land use and planning impacts related to conflicts with either the City's General Plan or Planned Community Development Standards. However, implementation of M -3A.9 would ensure consistency with the City's General Plan and Zoning Ordinance. The proposed project is located within the ALUC AELUP for JWA; specifically the proposed project is located within the AELUP Noise Impact Zone and the Height Restriction Zone. As such the proposed project is subject to the requirements of the Federal Aviation Administration (FAA) and the ALUC. Implementation of M -3A.10 would ensure compliance with all FAA and ALUC requirement; therefore impacts would be less than significant. Mitigation Measures M -3A.9 The applicant shall apply for a Use Permit from the City to allow the proposed use on the site. The City shall amend the text of "Planned Community Development Standards, Newport Place" to reflect the proposed use on the site and incorporate development standards reflecting the highest , level of improvements as now exist in the project area. M -3A.10 The applicant shall submit project plans to the FAA to be evaluated under FAR Part 77 and to the ALUC for a Determination of Consistency or Inconsistency with the AELUP. Remaining Impacts The proposed project will require amendments to local land use plans, however with implementation of the above mitigation measures, impacts would be less than significant. Potential Impact 3A5: Cumulative aesthetic impacts This analysis is based on the Cumulative Projects List provided in Chapter 2. The listed projects include commercial/mixed -use and residential projects located within two miles of the project Newport Lexus 3A. AesrhMlcs andLond Use Drafr EIR 3A -16 November 2004 site that are currently under construction, approved but not built, or proposed for development. This development is occurring in an area that has already been impacted by urban development. The redevelopment of the proposed project would be aesthetically consistent with the character and level of development in the area. Therefore, the proposed project, in conjunction with the listed projects, will have no cumulative impacts on aesthetics in the area. Mitigation Measures No mitigation is required. Remaining Impacts Together with other area projects, the proposed project would not have a cumulative aesthetic impact. Impacts would not be cumulatively considerable. Newport Le=s 3A. Aesthetics and Land Use Draft E!R 3A-17 November 2004 3B. Hydrology, Water Quality and Storm Water INTRODUCTION This chapter assesses the potential impacts to surface water hydrology, surface water quality, groundwater hydrology, and groundwater quality resulting from the development of the proposed Lexus Dealership. This chapter also focuses on the proposed project's consistency with state, regional, and local water quality policies /regulations, and the potential impacts to water quality. Information in this section is based on two reports prepared for the City of Newport Beach: Newport Beach Lexus Dealership Water Quality Study, prepared by Fuscoe Engineering, Inc, September 2004; and letter amendment dated September 23, 2004. Newport Beach Lexus Dealership Hydrology & Hydraulics Study, prepared by Fuscoe Engineering, Inc., September 2004. Both reports are available for review at the City of Newport Beach Planning Department, City Hall. SETTING Drainage Under existing conditions, surface runoff generated on the project site is conveyed off site via curbs and gutters onto the public streets along the east and west perimeters of the property. The project site runoff mixes with street runoff and discharges into existing storm drain catch basins along Dove Street and Jamboree Road. There are no storm -drain inlets within the project site. Two main storm drain lines that service the neighborhood run northwest to southeast under the project site: an 84 -inch reinforced concrete pipe (RCP) and a 54 -inch RCP. The Dove Street catch basin connects to the 84 -inch RCP. The majority of the site's runoff (94 %) discharges into the Dove Street catch basin. This storm drain system discharges to San Diego Creek. The San Diego Creek Reach 1, is designated as Hydrologic Unit No. 801.11 in the Santa Ana Regional Water Quality Control Board (RWQCB) Basin Plan. San Diego Creek is a tributary to Upper and Lower Newport Bay, which ultimately discharges into the Pacific Ocean. Newport Les 9B. HydroloU, Water Quality and Storm Water Draft EIR 3B-I November 2004 The existing site drainage was characterized as part of a hydrology and hydraulics study.! Existing conditions at the site are such that 11 distinct drainage patterns can be identified. Of the II drainage areas, only the easternmost drainage area drains to the catch basin along Jamboree Road. All other drainage areas (totaling 7.6 acres) enter the Municipal Separate Storm Sewer System (MS4) at the Dove Street catch basin at the east intersection of Dove Street and Quail Street. The final discharge point of the site produces a 25 -year storm runoff of 19.7 cubic feet per second (cfs). Flood Plain The Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps (FIRM) identify those areas located within the 100 -year flood boundary. The 100 -year flood boundary is defined as a flood level with a one percent chance of being equaled or exceeded in any given year. "Special Flood Hazard Areas" are subdivided into four insurance risk zones: A, B, C and X. Areas designated as Zone A are subject to inundation by a 100 -year flood. Zones B, C and X are areas that have been identified as areas of moderate or minimal flood hazards. According to the applicable FIRM for the area, the project site is outside of the 500 -year flood plain.2 Surface Water Surface water resources include creeks, rivers, lakes and reservoirs. Reservoirs serving flood control and water storage functions exist throughout the region. Since the climate of Southern California is predominantly arid, many of the natural rivers and creeks are intermittent or ephemeral, drying up in the summer or flowing only in reaction to precipitation. However, due to urban landscape watering, storm drains often maintain a perennial flow. The nearest surface water bodies are Newport Bay located approximately two miles to the southwest and San Diego Creek which drains into the Bay from the north east. Urbanization causes changes in hydrology including increased runoff and decreased infiltration and groundwater recharge. Urban runoff transports pollutant loads to receiving water bodies. Groundwater The proposed project site is located within the Irvine Groundwater Management Zone of the Lower Santa Ana River Basin. The Irvine Groundwater Management Zone has the following designated uses for the basin: municipal and domestic supply, industrial service supply and agricultural supply. Fuscoe Engineering, Inc. Newport Beach Lexus Dealership — Hydrolo&w & Hydraulics Study, September 3, 2004. Z Federal Emergency Management Agency, Flood Insurance Rate Map, Orange County, Cali f ornia, Panel 47, Map 06059C0047E, September 15, 1989. Nexport Lesus 3B. Hydrolope, Water Qualin, and Storm Water Drat} EIR 313 -2 November 2004 Groundwater flow may be locally affected by faults, which can act as a barrier to flow. Seasonal precipitation can cause changes in groundwater levels. In areas where localized impermeable layers create a barrier to downward percolation, "perched" groundwater can be found at shallow depths after heavy seasonal rainfall. Groundwater quality can be affected by surface land uses. Fertilizers and pesticides that are typically used on lawns can infiltrate and degrade groundwater. In addition, urban runoff has been proven to be a significant source of pollutants in groundwater. Leaking underground storage tanks (USTs) that store fuel or waste oil can also contaminate groundwater. Many older USTs that were installed prior to the mid -1980s were made of unprotected steel and have rusted and released their contents into the environment. Leaks can also be caused by improper installation, spills and overfills, and piping failures. Samples from two Orange County Water District (OCWD) groundwater monitoring stations were used to assess groundwater quality within the vicinity of the project site. One station is located at the Newport Beach Golf Course (NBGC -NB) and the other is located near the University of California Irvine (UCl- MRSH). Depth to groundwater for NBGC -NB was measured at 93.45 feet, while UCl -MRSH displayed an average depth of 40.00 feet. Water quality on these wells is good except for elevated levels of sodium resulting from seawater intrusion. Tsunamis, Seiches, and Flooding due to Earthquakes Earthquakes can cause flooding due to tsunamis, seiches, or by causing dam failure. The risk of tsunamis resulting from landslides or volcanic activity is considered to be extremely remote within the City. In general, Newport Beach is afforded a degree of protection by coastal islands with the chance for major damage to the coastal areas or harbor entrances small and negligible for inland bay areas. A seiche is the oscillation of sloshing water in an enclosed body of water caused by seismic activity or land sliding. Due to the small surface area of the bodies of water within Newport Beach, seiches are not considered a potential hazard to the public safety.4 APPLICABLE REGULATIONS AND PERMITS Federal and State The U.S. Environmental Protection Agency (EPA) is the federal agency responsible for water quality management and administration of the federal Clean Water Act (CWA). The EPA has delegated most of the administration of the CWA in California to the State Water Resources Control Board ( SWRCB). The SWRCB was established through the California Porter - Cologne 3 Ibid. 4 Newport Beach General Plan, Public Safety Element, February 1975. pp. 24 -25. Newport Lex s 33. Hydrology, Water Quality and Storm Wafer Draft EJR 3B -3 November 2004 Water Quality Act of 1969 and is the primary state agency responsible for water quality management issues in California. Much of the responsibility for implementation of the SWRCB's policies is delegated to the nine Regional Water Quality Control Boards (RWQCB's). The project site is located within the jurisdiction of the Santa Ana RWQCB. Section 402 of the CWA established the National Pollutant Discharge Elimination System ( NPDES) to regulate discharges into "navigable waters" of the United States. The U.S. EPA authorized the SWRCB to issue NPDES permits in the State of California in 1974. The NPDES permit establishes discharge pollutant thresholds and operational conditions for industrial discharges, wastewater treatment plants, and urban storm water runoff. State -wide general storm water NPDES permits have been developed to expedite discharge applications for industrial sites and construction activities. Storm water NPDES permits are required for specific industrial activities, Municipal Separate Storm Sewer System (MS4's), and for construction sites greater than one acre. A prospective applicant may apply for coverage under one of these permits through the preparation of a Storm Water Pollution Prevention Plan (SWPPP). SWPPPs commit the applicant to certain Best Management Practices (BMPs) to minimize polluted runoff. Section 303(d) of the CWA requires each state to list impaired water bodies in the state and determine total maximum daily loads (TMDLs) for pollutants or other stressors impacting water quality. A TMDL is an estimate of the daily load of pollutants that a water body may receive from point sources, non -point sources, and natural background conditions. Those facilities and activities that are discharging into the water body collectively must not exceed the TMDL. The Santa Ana RWQCB is responsible for ensuring that total discharges do not exceed TMDLs for individual water bodies as well as for entire watersheds. Based on the 2002 Section 303(d) list of Water Quality Limited Segments, San Diego Creek is considered an impaired water body for fecal coliform and pesticides. The sources of these pollutants are urban runoff for coliform and unknown for pesticides. Both Upper and Lower Newport Bay are impaired by metals and pesticides. Lower Newport Bay is listed as an impaired water for pesticides and priority organics as well.5 In January 2002, the Santa Ana RWQCB issued a MS4 storm water permit to the County of Orange. The County has established Drainage Area Management Plan (DAMP) to comply with MS4 NDPES requirements. The City of Newport Beach requires that new development prepare Water Quality Management Plans (WQMPs) to ensure compliance of new facilities with the DAMP. WQMP's establish source control, site design, and treatment BMPs for new development. The City must approve the WQMP prior to approving the project. 5 Fuscoe Engineering. Newport Beach Lexus Dealership — Water Quality Report, September 7, 2004. Newport Lexus 38. HvdroloD-, Water Qmdiq• and Storm Water Draft EIR 3B-4 November 2004 The SWRCB has issued a statewide dewatering NPDES permit for small scale discharges that present a low threat to water quality. Construction dewatering is covered under this permit. Prior to discharging dewatered made water to the storm drain, an applicant must submit a Notice of Intent to the SWRCB. De Minimus Permit for San Diego Creek/Newport Bay Watershed (Tentative) It is the intention of the Santa Ana RWQCB to require a permit for short-term (intermittent and/or one year or less duration) discharges from activities involving groundwater extraction and discharge within the San Diego Creek and Newport Bay Watershed. Should this permit be adopted, permittees shall be required to monitor their discharges from groundwater dewatering activities during construction to ensure that proposed effluent limitations for constituents are not exceeded. Due to its relative proximity to Upper Newport Bay and its groundwater quality concerns, the proposed Newport Beach Lexus automobile dealership may encounter groundwater during construction activities and may require dewatering. The proposed project is therefore subject to the requirements of the DeMinimus Permit for San Diego Creek/Newport Bay Watershed, should this tentative permit be adopted prior to or during the proposed project's development, and if groundwater dewatering is required at any time during the construction of the project. City of Newport Beach Municipal Code Section 14.36.040 of the City of Newport Beach Municipal Code deals specifically with urban runoff from new and redevelopment projects within the City. The section states that all new development and significant redevelopment within the City of Newport Beach shall be undertaken in accordance with any conditions and requirements established by the planning department, engineering department or building department, which are reasonably related to the reduction or elimination of pollutants in storm water runoff from the project site .6 IMPACTS AND MITIGATION Criteria for Determining Significance The proposed project may have a significant impact on surface hydrology, water quality, storm water and/or groundwater if it meets or exceeds the following thresholds: • Violate any water quality standards or waste discharge requirements; e City f y Newport Beach Municipal Code section 14.36.040 (1) htp:/i'mtinicipalcodes.lexisnexis.com/codes/newi)ortb/ accessed online September 23, 2004. Newport Lexus 38. EIR H rolo Draft Yd gy. Water Quality and Storm Water 3$ -$ November 2004 • Substantially deplete groundwater supplies or interfere substantially with groundwater recharge; • Substantially alter existing drainage patterns resulting in substantial erosion and/or flooding on- or off -site; • Create runoff water that would exceed the capacity of existing or planned storm water drainage systems or provide substantial sources of polluted runoff; and, • Substantially degrade overall water quality; Project Impacts Potential Impact 3131: Water quality standards. The proposed project is located within the vicinity of San Diego Creek and Upper Newport Bay, both considered impaired receiving water bodies. Currently, San Diego Creek is listed as impaired for pathogens and pesticides, while Upper Newport Bay is impaired by metals and pesticides. Storm water runoff generated from the project site ultimately discharges into these surface waters. The proposed project could generate a number of general pollutants associated with its use as an automobile dealership. Typical pollutants from these facilities include heavy metals, oil and grease, organic compounds, and trash and debris. Other potential pollutants of concern for commercial properties are pesticides, sediments and fertilizers. Construction activities associated with the proposed project may impact water quality due to sheet erosion of exposed soils and subsequent deposition of particles and pollutants in drainage areas. Grading, in particular, may lead to exposed areas of loose soil, as well as sediment stockpiles, that are susceptible to uncontrolled sheet flow. In addition, the use of materials "such as fuels, solvents and paints also present a risk to surface water quality due to an increased potential for non - visible pollutants entering the storm drain system. If uncontrolled, these materials could lead to water quality impacts and ultimately the degradation of downstream receiving water bodies, of which sediment is a major water quality concern. The proposed project would be required to comply with all applicable federal, state, and regional regulations to protect water quality during construction, as well as during the life of the project. Prior to construction, the applicant would be required to develop and submit a SWPPP to the Santa Ana RWQCB for compliance with the Statewide NPDES permit for construction activity. The SWPPP would contain BMPs to be implemented during construction and operation of the proposed project to minimize storm water impacts to receiving water bodies. Newport Le= 38. Hydmlogp, Water QuahwanJStorm Water Draft EIR 3B-6 November 2004 General BMPs include erosion controls, sediment controls, tracking controls, wind erosion control, non -storm water management, and materials and water management. The applicant would be required to incorporate design features and implement BMPs to minimize the introduction of pollutants of concern to the storm water conveyance system to the maximum extent practicable. The City of Newport Beach water quality ordinances and its Council Polices L -18 and L -22 require that the project applicant submit a WQMP to the City of Newport Beach. The project applicant has prepared and submitted a Water Quality Management Plan that is currently on file with the City of Newport Beach. The WQMP contains an outline of approved post - construction BMPs including site design, source control, and treatment control BMPs selected for the project to reduce runoff from operation of the proposed project. Table 3B -1 identifies non - structural and structural source control BMPs that are available to the project for implementation and the areas in which they may apply. In addition to source control, the proposed project requires treatment control BMPs (single or in combination) to remove anticipated pollutants of concern from on -site runoff. These BMPs can range from natural treatment systems (i.e., vegetated swales or detention basins) to proprietary control measures. Since no single treatment BMP can remove all contaminants, the selected BMP(s) shall be high to moderately efficient in removing target pollutants. Table 313-2 demonstrates the different BMPs and their efficiency. Two feasible treatment BMP's are based on the mitigation requirements and summarized below: Natural Filtration/Infiiltration System This method includes a system of vegetated swales coupled with bioretention zones along the project's east and west perimeters. By placing the swales along the east and west perimeter, this would allow surface runoff generated from the parking areas to drain into the swales via curb notches. In addition, roof runoff from the two proposed buildings will be conveyed to the swales via underground PVC (plastic) piping. The filtered runoff will then discharge into a bioretention zone located at the swale's downstream end. Here pollutants are removed through absorption, filtration, plant uptake, microbial activity, decomposition, sedimentation and volatilization. Underground Media Filtration This method includes the installation of three media filter units located within the project site to treat storm water runoff generated on the property. Two locations would be on the west end of the property. This discharge point will convey drainage from the west portion of the project site including parking and roof runoff. The third location would be the east end of the project site. Newport Leeus 38. Hydrology, Water Quality and Sloan Water Draft EIR 3B-7 November 2004 TABLE 3B -I AVAILABLE NON - STRUCTUAL AND STRUCTUAL SOURCE CONTROL BMPS Commercial Auto Repair Appropriate Source Control BMPs Facility Shop Parking Lots Streets Non Structural BMPs Education of Property Owners X X X X Activity Restrictions X X X X Common Area Landscape Management X X X X BMP Maintenance X X X X Title 22 CCR Compliance X X X X Local Water Quality Permit Compliance X X X X Spill Contingency Plan X X X X Underground Storage Tank Compliance X X X X Hazardous Materials Disclosure Compliance X X X X Uniform Fire Code Implementation X X X X Common Area Liner Control X X X X Employee Training /Education Program X X X X Housekeeping of Loading Docks X X Common Area Catch Basin Inspection X X X X Street Sweeping Private Streets and Parking Lots X X X X Retail Gasoline Outlets Structural BMPs Storm Drain Signage X X X X Outdoor Hazardous Materials Storage X X X Trash Storage Area Design X X X Landscape Planning (SD -10) X X X X Efficient Irrigation and Landscape Design X X X X Protect Slopes and Channels X X X X Project Features Loading Dock Areas X X Maintenance Bays X X Vehicle Washing Areas X X Outdoor Processing Areas X Equipment Wash Areas X X Fueling Areas X X Hillside Landscaping X X X Wash Water Controls for Food Preparation Areas X Source: Fuscoe Engineering. Newport Beach Lexus Dealership— Water Quality Report, September 7, 2004. Newport Lexus 33. Hydrology, Dmft EIR 3B -8 nd Storm Water Novemher2004 TABLE 3B -2 TREATMENT CONTROL BMP CATEGORIES Hydrodynamic Detention Infiltration Wet Ponds Separator Pollutant of Concern Biofilters Basins Basins or Wetlands Filtration Systems Sediment/Turbidity H/M M HIM HIM H/M H/M Nutrients L L HIM HIM I./M L Organic Compounds U U U U H/M L Trash and Debris L M U U HIM HIM Oxygen Demanding Substances L M HIM HIM HIM L Bacteria and Viruses U U H/M U HIM L Oil and Greese H/M M U U HIM UM Pesticides (non -soil bound) U U U U U L Sediment/Turbidity H/M M HIM H/M H/M HIM Nutrients L L HIM HIM UM L L: Low removal efficiency M: Medium removal efficiency H: High removal efficiency U: Unknown removal efficiency Source: Fuscoe Engineering, Newport Beach Lexus Dealership - Water Quality Report, September 2004. This discharge point will convey all runoff draining from the east portion of the site and also includes parking and roof runoff. Both treatment options described above would mitigate the anticipated pollutants from the project site (metals, organics, sediments, trash and oil and grease). Pesticides and bacteria would be mitigated through these treatment options as well. By complying with the requirements of the City of Newport Beach Municipal Code and preparation of a SWPPP for NPDES compliance, and implementation of M -311.1 and M -313.2 the proposed project would meet all applicable regulations to manage runoff from the proposed project site. Pollutants in storm water would be substantially reduced by source control and treatment BMPs. Mitigation Measures M -313.1 Prior to the issuance of a grading permit by the City, the applicant shall provide proof of fling for an NOI with the SWRCB and prepare a project SWPPP that will describe the BMPs to be implemented during project construction. M -313.2 Prior to the issuance of a grading permit by the City, the applicant shall have an approved WQMP. The WQMP shall identify the site design, source control and treatment control BAPS that will be implemented on the site to control Newport Lexus 38. Hydrology. Water Quality and Storm Water Draft EIR 3B -9 November 2004 predictable pollutant runoff, including operations and maintenance plan for the prescribed structural BMPs to ensure their long -term performance. Remaining Impacts With the inclusion of the above mitigation measures the proposed project would not violate water quality standards. Impacts would be less than significant. Potential Impact 3B2: Groundwater supply and groundwater recharge. Although much of the storm water falling on urbanized areas quickly runs off to gutters and storm drains, some water does infiltrate pervious areas and contributes to groundwater recharge. The proposed project will result in the construction of impervious surfaces, which will replace buildings and other impervious surfaces currently on the site. The existing site is approximately 95% impervious while the proposed site would be 90% impervious. The proposed project will neither significantly increase, nor reduce, the opportunity for groundwater recharge from existing conditions. Furthermore, depth to groundwater is estimated to be approximately 40 to 90 feet below ground, and therefore it is unlikely that construction or site grading will have an effect on area groundwater. In addition, any proposed infiltration BMPs such as storm water planters will be designed with sufficient vegetation to provide adequate treatment and removal of typical storm water pollutants prior to discharging into the MS4 system. Therefore, the proposed project would not deplete groundwater supplies or interfere with groundwater recharge. Mitigation Measure No mitigation is required. Remaining Impacts The proposed project would not deplete groundwater supplies or interfere with groundwater recharge. Impacts would be less than significant. Potential Impact 3B3: On- or off -site flooding due to altered drainage patterns, erosion, and storm drain capacity. During project construction, drainage patterns at the proposed project site would be temporarily disrupted due to the site clearance, excavation, and grading. These changes in drainage conditions at the project site would be temporary and not considered to be significant and runoff would continue to drain through the existing conveyances. Runoff from the site during Newport Leans 3B. Hydrolop ,, Water Qualigy and Storm Water Draft E/R 313 -10 November 2004 construction should not substantially increase since existing impervious structures would be removed and some runoff may be retained in excavated areas. Erosional and water quality impacts would be mitigated through SWPPP. After construction is completed, site drainage will discharge into the existing 84 -inch RCP storm drain that bisects the project site. The project site will be graded to drain toward the project's east and west perimeters. Storm runoff will no longer flow off -site to existing catch basins along Dove Street and Jamboree Road. Instead, storm runoff will be intercepted by on -site catch basins and conveyed to the existing 84 -inch RCP. Due to this change in drainage patterns the runoff will have a shorter travel distance. Consequently, the time of concentration for surface runoff at the project site will be reduced from 13.5 minutes to 8.7 minutes. This will increase the 25 -year peak discharge from 19.7 cfs to 26.6 cfs. This increase is considered insignificant to the 84 -inch RCP, which generally has a capacity of 450 cfs 7 Mitigation Measure No mitigation is required. Remaining Impacts The proposed project would alter existing drainage patterns, but would not exceed the capacity of existing or planned storm drains and produce flooding on- or off -site. Impacts would be less than significant. Potential Impact 3114: Groundwater quality. The proposed project includes the development of an automobile repair service center. The proposed project will likely include the installation of a 280 - gallon anti -freeze storage tank, a 500 - gallon waste coolant tank, a 750 - gallon used oil storage tank, a 480 - gallon new oil storage tank and a 12,000- gallon state -of -the -art, double walled, monitored gasoline tank. Potential leaks from these sources could degrade groundwater quality (e.g., through polluted runoff) in the project area. The use of materials such as fuels, solvents and paints also presents a risk to surface water quality due to an increased potential for non - visible pollutants entering the storm drain system. If uncontrolled, these materials could lead to water quality impacts and ultimately the degradation of downstream receiving water bodies. Potential impacts associated with these materials would be reduced through compliance with existing federal, state, and local rules and regulations. The Newport Beach Fire Department would oversee the design, installation, and 7 Fuscoe Engineering, 2004. Newport Lexus 3B. Hydrology, Water Quality and Storm Water Draft EIR 3B -1 1 November 2004 operation of the underground and aboveground storage tanks in accordance with state and federal rules and regulations within its jurisdiction. The project applicant is required by the City of Newport Beach to file a Hazardous Materials Business Plan with the City Newport Beach Fire Department detailing all hazardous materials at the site, storage methods, and spill prevention plans. The project applicant shall also prepare and implement a Spill Prevention Control and Countermeasures (SPCC) Plan, as required by the SWRCB. Compliance with WQMP BMPs would reduce potential impacts and no further mitigation is necessary. Mitigation Measure Refer to mitigation measure M -3B.2. Remaining Impacts With the mitigation measure, the proposed project would not substantially degrade groundwater quality. Impacts would be less than significant. Potential Impact 3B5: Cumulative impacts on hydrology and water quality in the project area. Development of the proposed project would take place in a city that is considered to be substantially built -out. Future development of adjacent properties would not cumulatively increase the amount of impervious surface and runoff draining to the San Diego Creek to any significant degree. Further, the project site has been accommodated in the Newport Beach General Plan, and calculated into the master drainage plan for the San Diego Creek Channel, as a fully developed site. Cumulative downstream impacts from project implementation are therefore considered less than significant. However, the proposed project would potentially alter the types of pollutants generated from the property. The project applicant has submitted a WQMP to the City for approval. The WQMP prepared by the applicant is available for review at the City of Newport Beach. The project WQMP demonstrates that the proposed project will implement post - construction BMPs to mitigate potential pollutants generated at the project site that may compromise the beneficial uses and water quality objectives of downstream receiving water bodies. Storm water runoff from the proposed project site ultimately flows to the San Diego Creek, which has been designated as an impaired water body by the EPA. Because the watershed has been designated as impaired, any additional inputs of constituents of concern could be considered a substantial impact. As set forth above, the proposed project would develop and submit an SWPPP to the Santa Ana RWQCB and would comply with the statewide NPDES for Newport Less 38. ltvdrology. Water Quality and Storm if "ter Draft EIR 3B-12 November 2004 construction activity. The SWPPP's BMPs will minimize impacts of storm water runoff pollutants. In addition, the BMPs will capture most of the pollutants on site through the methods described above. Pursuant to CEQA Guidelines Section 15064(i)(1), a project's incremental effects, though individually limited, must be analyzed to determine whether they are cumulatively considerable. CEQA Guidelines Section 15064 (i)(3) states that, "a lead agency may determine that a project's incremental contribution to a cumulative effect is not cumulatively considerable if the project will comply with the requirements in a previously adopted plan or mitigation program which provides specific requirements that will avoid or substantially lessen the cumulative problem (i.e., water quality control plan, air quality plan, integrated waste management plan) within the area in which the project is located. Such plans or programs must be specified in law or adopted by the public agency with the jurisdiction over the affected resources through a public review process to implement, interpret or make specific the law enforced or administered by the public agency." The SWPPP, WQMP and other Santa Ana RWQCB and City of Newport Beach requirements are programs specified by law and adopted by the governing agency. Therefore, the proposed project's contribution of small quantities of contaminants to the overall runoff reaching the San Diego Creek, when added to the contributions of the related projects set forth in Chapter 2, Table 2 -2, is not cumulatively considerable on the basis that the proposed project will comply with the SWPPP and statewide NPDES, and the City of Newport Beach WQMP requirements. Mitigation Measure Refer to mitigation measure M -313.1 and M -313.2. Remaining Impacts Together with other area projects, the proposed project would not have cumulative impacts on hydrology and water quality in the project area. Impacts would not be cumulatively considerable. Nmpon Lew 33. Hydrology, Water Quality and Storm Water Draft E1R 3B-13 November 1004 3C. INTRODUCTION This section presents the results of the transportation/traffic analysis conducted for the project and summarizes the traffic counts and analysis for the proposed Newport Lexus project site. It includes the methodology, findings, and conclusions of the traffic impact analysis. A total of 24 primary study intersections in the vicinity of the project site were analyzed. Twenty of the intersections are located in the City of Newport Beach while the remaining four are located in the City of Irvine. The analysis assesses the effects of the additional trips forecast to be generated by the Newport Lexus dealership. The traffic impact analysis also takes into account other traffic growth due to specific development projects in the surrounding area and overall ambient growth in background traffic. Information in this section is based on the Traffic Study for Newport Lexus prepared by Kimley- Horn and Associates. The entire report is available for review at the City of Newport Beach. Planning Department located at City Hall. SETTING The street network in the project vicinity, existing traffic volumes, and levels of service at the primary study intersections are described below. Street Network The following section describes the characteristics of the streets and intersections in the. immediate vicinity of the project site. The streets that are located in the immediate vicinity of the project area include MacArthur Boulevard, Jamboree Road, Dove Street, Quail Street and Bristol Street North. I -405 - The Interstate 405 freeway (I -405) also named the San Diego Freeway, is an interstate /interregional freeway. It originates at Interstate 5 (I -5) in Orange County and terminates at I -5 in Los Angeles County. The I -405 runs east -west to the north of the project site. It is one of the most heavily traveled freeways in the state and accommodates approximately 290,000 vehicles per day in the vicinity of the project site. SR 73 Tollway - The San Joaquin Hills Transportation Corridor (State Route 73) runs northwest to southeast south of the project site and carries approximately 62,000 vehicles per day. N"port Lexus Chapter 3C. TransportarionlTrafic Draft E!R 3C -1 November 2004 SR 73 Freeway - State Route 73 extends from the northwesterly terminus of the San Joaquin Hills Transportation Corridor (SR 73 Tollway) southeast of SR 55 to an interchange at the I -405 Freeway. SR 73 carries between 90,000 and 130,000 vehicles per day. SR 55 - State Route 55 (SR 55), the Costa Mesa Freeway has a total of five lanes in each direction including the carpool lane and provides enhanced traffic flow to the more than 200,000 motorists traveling the corridor each day. The SR 55 is located west of the project site and runs north south. MacArthur Boulevard - MacArthur Boulevard is a six lane divided highway that runs north to south adjacent to the project site. It is classified as a major arterial and accommodates 30,000 to 45,000 average daily trips (ADT). Jamboree Road - Jamboree Road is classified as a major roadway (six lanes divided) as it runs adjacent to the project site. South of the project site (just south of SR 73), Jamboree road is classified as a principal arterial and accommodates 45,000 to 60,000 ADT. Bristol Street North - Bristol Street North varies from three to four lanes within the study area and accommodates between 16,000 and 28,000 ADT. Bristol Street - Bristol Street varies from two to four lanes within the study area and is designated as a primary roadway and accommodates 20,000 to 30,000 ADT. University Drive - University Drive is a six -lane divided roadway, located east of the project site and runs from the northeast to the southwest. It is designated as 'a major roadway in the vicinity of the project site and accommodates 30,000 to 45,000 ADT. Birch Street - Birch Street is classified as a secondary roadway and runs east -west to the north of the project site, then curves to the south as it approaches the airport to run north -south parallel to Jamboree Road west of the project site. It is a four -lane roadway and accommodates 10,000 to 20,000 ADT Campus Drive /Irvine Avenue - Campus Drive/Irvine Avenue is north of Birch Street and runs in a similar direction. North of the site (running east - west), Campus Drive is classified as secondary roadway (four lanes undivided). As Campus Drive turns to the south it is classified as a major roadway (six lanes divided) as it parallels the airport. It accommodates up to 26,000 ADT. Newpon Lexus Chapter iC. TranspartationMafc Raft EIR 3C -2 November 2004 Existing Traffic Conditions Level of Service (LOS) Definitions. The efficiency of traffic operations at intersections is described in terms of Level of Service (LOS). The LOS concept reflects average operating conditions at intersections during a single peak hour. It is based on volume -to- capacity (V /C) ratio with the ability to carry (the capacity) compared to the level of traffic (volume) during the peak hours. This method of analysis used to arrive at the LOS is known as the Intersection Capacity Utilization (ICU) technique. LOS range from A to F, with "A" representing excellent (free -flow) conditions and "F" representing extreme congestion. Table 3C -I describes the level of service concept and the operating conditions expected under each level of service for signalized intersections. TABLE 3C -1 INTERSECTION LEVEL OF SERVICE DEFINITIONS Signalized Intersection Volume LOS Interpretation to Capacity Ratio (ICU) A Excellent operation. All approaches to the intersection appear quite open, turning 0.000 - 0.600 movements are easily made, and nearly all drivers find freedom of operation. B Very good operation. Many drivers begin to feel somewhat restricted within platoons of vehicles. This represents stable flow. An approach to an intersection may occasionally be fully utilized and traffic queues start to form. C Good operation. Occasionally backups may develop behind turning vehicles. Most drivers felt somewhat restricted. D Fair operation. There are no long- standing traffic queues. This level is typically associated with design practice for peak periods. E Poor Operations. Some long- standing vehicular queues develop on critical approaches. F Forced flow. Represents jammed conditions. Backups from locations downstream or on the cross street may restrict or prevent movements of vehicles out of the intersection approach lanes; therefore, volumes carried are not predictable. Potential for stop and go type traffic flow. 0.601 - 0.700 0.701 — 0.800 1:1 1'11 0.901— 1.000 Over 1.000 Source: Highway Capacity Manual (HCM), Special Report 209. Transportation Research Board, Washington D.C., 1997. Newport Lexus Chapter 3C. Transportation/Traffrc Draft E!R 3C -3 November 2004 Existing Level of Service. Intersection analysis was conducted using the ICU methodology, which provides a comparison of the theoretical hourly vehicular capacity of an intersection to the number of vehicles actually passing through that intersection in a given hour. The City of Newport Beach target LOS for peak hour operation of signalized intersections is LOS "D" In the City of Irvine, the target LOS is also "D" except where the intersection is located in the Irvine Business Complex (IBC) or the Irvine Spectrum area. For intersections within the IBC and Irvine Spectrum area, the target LOS is "E" Twenty of the intersections that were studied are located within the City of Newport Beach. The intersections of MacArthur Boulevard/ Michelson Drive, Von Karmen Avenue/Michelson Drive, and Jamboree Road( Michelson Drive are located in the IBC, and therefore the target LOS is "E" The target LOS for the intersection of Campus Drivel University Drive (located in Irvine) is LOS "D." The existing LOS results of the intersection analysis are summarized below in Table 3C -2. As indicated, only the Irvine Drive/Mesa Avenue intersection is operating at an LOS "E" APPLICABLE REGULATIONS County of Orange County of Orange Congestion Management Program. Congestion Management Plans (CMPs) are required pursuant to Proposition 111, passed in June 1990, which included a provision that a designated Congestion Management Agency develop and adopt a CMP for each county with a population of more than 50,000. OCTA is responsible for the development, monitoring and biennial updating of the County's CMP. The goals of the County's CMP are to reduce traffic congestion and to provide a mechanism for coordinating land use and development decisions. The CMP is also used as a method for proposing transportation projects that are eligible to compete for state gasoline tax funds. The CMP for Orange County was developed through a cooperative effort involving local jurisdictions, public agencies, businesses and community groups. The regional transportation system subject to the CMP is defined as all state highways and principal arterials. Bikeway Facilities. OCTA adopted a Commuter Bikeways Strategic Plan (CBSP) in May of 1995. The CBSP identified a network of proposed regional bikeways that link residential areas with activity centers. In the project vicinity, there are six existing bikeways: the Michelson Drive Class 11 (on road, striped bikeway), the Campus Drive Class 11 bikeway, the Bristol Street Class I bikeway (off -road, paved), Irvine Avenue Class 11 bikeway, MacArthur Boulevard Class I bikeway and the Jamboree Road Class I bikeway. Neuport Lews Chapter 3C. TransportationlPrafc Draft Ell? 3C -4 November 2004 TABLE 3C -2 EXISTING LEVELS OF SERVICE DURING THE AM/PM PEAK HOUR (2004) City of Newport Beach The Circulation Element of the Newport Beach General Plan identifies the general location and extent of the existing and proposed major roads, highways, trails, railroads, public transit routes and stations, and other public utilities and public facilities. The Circulation Element recognizes Newport Lerus Chapter 3C Transportation/Traffitc Draft EIR 3C -5 November 2004 Intersection Existing Conditions AM Peak PM Peak ICU LOS ICU LOS I. MacArthur Blvd/ Campus Drive 0.52 A 0.62 B 2. Campus Drive/ Quail Street 0.51 A 0.45 A 3. Bristol Street North/ Campus Drive 0.60 A 0.70 B 4. Bristol Street South/ Campus Drive 0.64 B 0.45 A 5. MacArthur Boulevard/ Birch Drive 0.38 A 0.48 A 6. Birch Street/ Quail Street 0.55 A 0.64 B 7. Bristol Street North/ Birch Street 0.61 B 0.61 B S. Bristol Street South/ Birch Street 0.42 A 0.45 A 9. Campus Drive/ Von Karman Avenue 0.43 A 0.75 C 10. MacArthur Boulevard/ Von Karman Avenue 0.33 A 0.69 B 11. Jamboree Road/ Campus Drive 0.61 B 0.74 C 12. Jamboree Road/ Birch Street 0.51 A 0.67 B 13. Jamboree Road/ MacArthur Boulevard 0.70 B 0.85 D 14. Bristol Street North/ Jamboree Road 0.49 A 0.57 A 15. Bristol Street South/ Jamboree Road 0.65 B 0.66 B 16. Jamboree Road/ University Drive/ Eastbluff Drive 0.58 A 0.53 A 17. University Drive/ MacArthur Boulevard SB Ramps 0.38 A 0.34 A 18. Irvine Avenue/ Mesa Drive 0.82 D 0.97 E 19. Irvine Avenue/ University Drive 0.65 B 0.73 C 20. Jamboree Road/ Bayview Way 0.42 A 0.37 A Irvine Intersections (using City of Irvine ICU method) 21. MacArthur Boulevard/ Michelson Drive 0.59 A 0.85 D 22, Von Karman Avenue/ Michelson Drive 0.45 A 0.62 B 23. Jamboree Road/ Michelson Drive 0.64 B 0.77 C 24. Campus Drive/ University Drive 0.50 A 0.83 D Source: Kimley -Horn and Associates, Inc, Trafc Study for Newport Lextu in the City of Newport Beach, September, 2004. City of Newport Beach The Circulation Element of the Newport Beach General Plan identifies the general location and extent of the existing and proposed major roads, highways, trails, railroads, public transit routes and stations, and other public utilities and public facilities. The Circulation Element recognizes Newport Lerus Chapter 3C Transportation/Traffitc Draft EIR 3C -5 November 2004 the importance of traffic service levels and outlines several polices to accommodate vehicular traffic and maintain acceptable LOS. These include:I • Construction of facilities' improvements resulting in a roadway system that is sued and located to accommodate all vehicular traffic generated by existing development and anticipated growth, as well as some regional traffic, at service levels as close to LOS "D" as possible. • The construction of intersection improvements necessary to ensure maximum feasible efficiency of the roadway system and service levels as close to LOS "D" as possible. • The City will adopt measures, such as transportation system management plans, which will reduce peak hour traffic and result in LOS below those forecast in the Circulation Element. • Fund costs of major roadway facility and intersection improvements through gas tax revenues, state, federal and county grants, city ordinances and privately financed improvements. Traffic Phasing Ordinance (TPO). The Traffic Phasing Ordinance of the City of Newport Beach was adopted in order to: provide a uniform method of evaluating traffic impacts; identify impacts of project traffic and required circulation system improvements; ensure that project proponents make or fund circulation required system improvements; and, ensure that a project proponent's cost of improvements is proportional to project impacts. According to TPO procedures, a traffic analysis for the project is required. The traffic study is to include analysis of any Primary Intersection to which the project contributes one percent or more of peak hour traffic on any intersection leg. A Primary Intersection is any intersection on the Primary Intersection list in Appendix B of the City's TPO, and any additional intersection selected by the Traffic Manager. A project's impact at a study intersection would-be considered significant if the project either causes an unsatisfactory Level of Service (LOS "E" or " F ") in one or both peak hours, or makes an already unsatisfactory condition at a study intersection worse (an ICU increase of 0.01 or more at an intersection already operating at LOS "E" or 'T'). If the project traffic causes a significant impact, the project proponent will be required to pay a fee to fund the construction of recommended improvements to mitigate the project impacts. The fee is calculated according to a formula designed to assign fair -share responsibility to the project, based on the portion of the improvement that is required to accommodate the project traffic. i Newport Beach General Plan, Circulation Element, 1996. Newport Le s Chapter3C. Tranepnrtat,,,,Trafc Draft EIR 3C -6 November 2004 City of Irvine The Irvine General Plan Circulation Element identifies the general location and extent of the existing and proposed major roads, highways, trails, railroads, public transit routes and stations, and other public utilities and public facilities. The primary goal of the Circulation Element of the Irvine General Plan is to provide a balanced transportation system. The Element also lists several objectives to support the overall goal, these include:z • Plan, provide and maintain an integrated vehicular circulation system to accommodate projected local and regional needs. • Develop a vehicular circulation system consistent with high standards of transportation engineering safety and with sensitivity to adjoining land uses. IMPACTS AND MITIGATION Methodology Traffic generation for the proposed project was calculated using trip generation rates from the Institute of Transportation Engineers (1TE) publication Trip Generation, Seventh Edition. As appropriate, credit was applied for the trips associated with the existing uses on the site which will be replaced by the proposed project. Future traffic forecasts were developed for two future scenarios: 1. For Traffic Phasing Ordinance (TPO) purposes, traffic forecasts are developed for the year following completion of the project. This future condition includes an ambient growth rate of one percent per year on selected key arterials (Jamboree Road, MacArthur Boulevard and Irvine Avenue), plus traffic from approved projects in the vicinity of the project. Project completion is expected to occur in 2006; therefore the year used for analysis is 2007. One percent per year ambient growth for four years has been applied to Jamboree Road, MacArthur Boulevard, and Irvine Avenue. 2. CEQA requires that a Cumulative Conditions analysis, which also includes traffic from related projects in the vicinity of the project, be conducted. Related projects include projects that are in various stages of the application and approval process, but have not 2 Irvine General Plan, Circulation Element, hlW:%/ Nvwv. ci. irvine. ca. us/ depts/ cd /plaiiningactivities /generalplo pdf /circulation odf, accessed online October 19, 2004. Newport Le us Chapter3C Trawportation/Trayic Draft EIR 3C-7 November 2004 yet been approved. These projects are considered to be "reasonably foreseeable" projects, and must therefore be analyzed in conjunction with approved projects for CEQA purposes. Criteria for Determining Significant Impacts The project impacts on the transportation system are considered to be significant if the project is determined to: • Cause an intersection to deteriorate from an acceptable level of service (LOS "D" in the City of Newport Beach and Irvine, except for those intersections within the Irvine Business Complex or the Irvine Spectrum, where the acceptable Level of Service is LOS "E ") to an unacceptable level. • Cause an increase of 0.01 or greater at an intersection in the City of Newport Beach and 0.02 or greater at an intersection in the City of Irvine already operating at an unacceptable Level of Service. • Result in inadequate parking capacity; • Have a significant impact relative to site access or circulation, a substantial disruption to existing circulation patterns, and/or substantial increase in safety risk; Result in inadequate emergency access; or • Exceed, either individually or cumulatively, a level of service established by the county congestion management agency for designated roads or highways Project Impacts Potential Impact 3C1: Level of Service. Proposed Project Traffic The proposed development is projected to generate a total of 3,280 net new trips per day with 112 vehicles per hour during AM peak hour and 189 vehicles per hour during the PM peak hour. Trip distribution represents the directional orientation of traffic to and from the proposed project site. Trip distribution is influenced by the geographical location of the site, the location of employment, commercial, residential, and recreational facilities, and the proximity of the regional freeway system. Trip distribution assumptions for the traffic study were also based on information provided by the project applicant regarding the anticipated trade area for the project site. Newport Lesus Chapter 3C TransportationlTrafc Draft EIR 3C-8 November 2004 TPO Analysis Existing Plus Growth Plus Approved Projects Plus Project Traffic Conditions For the TPO analysis, the project AM and PM peak hour traffic volumes were compared to the Existing Plus Growth Plus Approved Project peak hour volume on each leg of each study intersection to determine the extent of the traffic analysis required of the project. Project traffic would exceed one percent on one or more approach legs at 15 of the 24 study intersections. Project traffic would not exceed one percent on any approach in either peak hour at the following intersections within the City of Newport Beach: • MacArthur Boulevard/Campus Drive • Campus DriveNon Karman Avenue • Jamboree Road/Campus Drive • Jamboree Road/University/Eastbluff • Jamboree Road Bayview Way Project traffic would also not exceed one percent on any approach in either peak hour at any of the intersections within the City of Irvine. The analysis results for the Irvine intersections are presented here for information purposes. Project peak hour traffic was added to the impacted intersections for the intersection analysis. As shown in Table 3C -3, the addition of project traffic would result in a significant impact at two study intersections: Jamboree Road at MacArthur Boulevard would decrease from LOS "D" to LOS "E" in the PM peak hour; and • Irvine Avenue and Mesa Drive would have a 0.01 impact in the evening peak hour. At the intersection of Irvine Avenue and Mesa Drive, the project impact would be 0.01 and this intersection would continue to operate at LOS "E;" however, the actual ICU increases from 0.98 to 0.99 due to rounding. While this is not a significant environmental effect, it is still an impact pursuant to the City's TPO. At the intersection of MacArthur Boulevard and Jamboree Road, the project would cause the intersection to worsen from LOS "D" to LOS "E" with a project impact of 0.010. This would be considered an impacted intersection under the TPO, and the project would be required to participate in improvements to this intersection, M -3C.1 and M -3C.2 that would mitigate the project impact to a level of insignificance. Newport Le us Chapter 3C. Transportation?rafc Draft EIR 3C -9 November 2004 V] F U W ti °a 0.� A W °a a. a. a .7 a x F UZ C7 �O �F p„ A �z z� UWO WOn�. QHe EQ-�Wa 0. O F U W v1 �i W F .Zr Si Q Rr O a N �ca Ua N 0 a a v W 12 a� U N Yo a. am U Y O d U V 0 Y r.7 a 5 V C O Y w W e 00 m z� a� o O o 0 0 0 0 0 o y o 0 0 0 0 0 0 0 > z z z z z z z z z r z z z r z z z z z � o� oz Ci 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 v 000000000000000 0000 Q U Q Q m m Q m m W m m Q W U p m U p 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a¢ m a Q m a a¢ U a m a p m m Q m a a S N N O vi O b N N V cJ vi N W o0 V r — b 00 O d n N Q m Q a m m 6 m m p Q m a W U p m U p d w y vi Q o r vi Q P Q Q b N b b Q O r O r O P O b P b O n C0 P ri r O` 00 n ID O OO n OO Z O a¢ m¢ a m a a¢ V ¢map m m¢ m¢ c h 3 N vi Io vi Io n oo Io lo vi o s 2 a a S o � ;y � C4 a U ca o o s p `o d s c p d N U\\ U\\ m�a\\ .��iaad -.\\ � � � V N V m �\ V V o V C s V �$ V .v > Q c o m p Q Z N m z Vi 0.i C' z N G m FAF C' p E Vi Vi N N ` 8 N N a Q + ro v ? x O 00 a° > c c E ." E 12 �A+ c E H U m m G m m m G m m�D N n vi �D r N O N n K h r b P N ze Reasonably Foreseeable Future (CEQA Analysis) Traffic Conditions With Cumulative Developments ICU analysis was conducted for Cumulative (Existing Plus Growth Plus App Cumulative Projects) peak hour traffic conditions for the impacted intersections as typically undertaken for documents prepared subject to CEQA. The resulting peak hour intersection operation is summarized in Table 3C -4. Based on this analysis, two Newport Beach intersections are projected to operate at unacceptable LOS: • The intersection of Irvine Avenue at Mesa Drive will continue to operate at ICU 0.99/LOS "E" in the evening peak hour; The intersection of MacArthur Boulevard at Jamboree Road will operate at ICU 0.99 /LOS "E" in the evening peak hour. Project peak hour traffic was then added to the study intersections. Cumulative Plus Project peak hour operating conditions are shown in Table 3C -4. With the addition of the project traffic, the two intersections listed above would continue to operate at an unacceptable level of service. At the intersection of Irvine Avenue and Mesa Drive, the project impact would not change the ICU value, therefore the impact would not be considered to be a significant impact. At the intersection of MacArthur Boulevard and Jamboree Road, the project would cause the ICU to increase by 0.010, which would be considered a significant impact. The following mitigation measures have been identified to reduce project impacts: Mitigation Measures M -3C.1 To mitigate the TPO impact: Restripe the westbound approach at the intersection of Irvine Avenue and Mesa Drive to provide one left turn lane, one shared through/left lane and one right -turn lane. In addition, necessary signal modifications will be made to implement split phase signal operation on the east - west approaches. M -3C.2 To mitigate both the TPO and CEQA impact: Improve the westbound approach of Jamboree Road at the intersection of MacArthur Boulevard and Jamboree Road to provide a triple left -turn pocket, and improve the eastbound approach to provide a fourth through lane. In accordance with the City of Newport Beach TPO, 70 percent of the incremental increase in intersection capacity (based on a capacity of 1,600 vehicles per hour for each new full traffic lane) is used to recalculate the intersection operation with the proposed mitigation. Nexport L"us Administrative Draft EIR 3C-11 H U ti °a a a w O a a. �z �o a� aA xz HO 3� as C`J � aza a�a �WU a0� F O O� ti H r� U U a� w ~� .zr a O a w O rte. O O O O O O O O O y O O O O O O O O O z z z z z z z z z r z z z z z z z z z 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000000000000000 0000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 G U E G m m E U U w m U G w U 0 m 0 0 � -� N I N A W P O� h� P b P b� O r` h b b I*: r` r` O b r` P r` W lO O0 T G m m E G m E 0 0 0 G U G 0 m m Q U d 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Q U Q Q m m Q U U W m U Q W U 0 m 0 0 b b I*: r r` r` P b r` r` 00 1D oo P O O O O O O O O O O O O O O O O O O O Q m m Q Q m Q Q Q 0 Q U 4 0 m m Q U Q 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 e 0 a r: � m U N ? N N N a 0 0 t C v t c m,' N A o d o a @) @) � z N z N m C C' z N U3 \l G m V N N > > N m m N N c E m c, v m` m m c M N N N N °o Q N d Q� �2 v U 0 E d N U v w �.1 M S y V ti 0 2 h a N a U c R C O �1 5 m p E � ; o N 2`Q As shown in Table 3C -5, implementation of these intersection improvements would mitigate project impacts. At the intersection of Irvine Avenue and Mesa Drive, the PM ICU would be improved to 0.94. Although this would still be a LOS "E" it would be an improvement to the pre - project conditions. At the intersection of MacArthur Boulevard and Jamboree Road, the proposed improvement would return the intersection to an acceptable LOS (0.811, LOS "D" in the evening peak hour) in the TPO. Implementation of this intersection improvement will also result in an acceptable Level of Service (0.894, LOS "D" in the evening peak hour) in the CEQA (Cumulative Projects Plus Project) Condition. The project will be required to participate in the funding of improvements at these intersections. In order to determine the project's responsibility to the intersection improvements, the City of Newport Beach TPO requires the determination of the "effective capacity increase" and "effective capacity decrease." Results of the analysis indicate that the project's fair share responsibility toward the cost of the Irvine Avenue and Mesa Drive improvement would be 7.8 percent. The project's fair share responsibility toward the cost of the Macarthur Boulevard and Jamboree Road improvement would be 10.5 percent. Remaining Impacts With implementation of the mitigation measures described above, the proposed project would not have a significant impact on levels of service in the project area. Impacts would be less than significant. Potential Impact 3C2: Parking supply. As shown in the site plan (Figure 2-4) for the project, 32 on -site parking spaces are provided for customers in front of the showroom building. An additional eight parking spaces are provided for vendors on the lot adjacent to the parts department. Two hundred and three employee parking spaces are included on the roof of the service building/parking structure facility. Implementation of mitigation measure M -3C.3 would ensure that the proposed project has a less than significant impact on area parking. Mitigation Measure M -3C.3 The proposed project shall comply with all City of Newport Beach Municipal Code (Section 20.66.050) parking requirements. Newport Le=s Chapter 3C Transportation/Traf c Administrative Draft ELR 3C -13 November 2004 Remaining Impacts The proposed project would provide adequate parking supply. Impacts would be less than significant. Potential Impact 3C3: Any hazards due to a design feature or incompatible use. As shown in Figure 2 -4 (Site Plan), access to the site would be provided from both MacArthur Boulevard and Dove Street. The entry on MacArthur Boulevard would be located near the north end of the site, approximately 320 feet south of Bowsprit Drive, and would be a right - in/right -out only driveway that would lead to the front sales and showroom area. A raised median in MacArthur Boulevard would preclude left turns to and from this driveway. The intersection of Bowsprit Drive and MacArthur Boulevard currently operates as an unsignalized intersection with a free -flow right -turn lane to serve right- turning traffic from Bowsprit onto southbound MacArthur Boulevard. The free -flow lane is configured with a 90- foot curb radius and a raised median, which allows right- turning vehicles not only to make the turn without stopping, but also at a relatively high rate of speed. The end of the curb radius is approximately 200 feet from the proposed Lexus dealership driveway. Access to the Lexus site will also be provided via three curb cuts on Dove Street. The center entrance will align with Quail Street, and will provide access to the service canopy, on the south side of the showroom building. A smaller entrance on Dove Street at the north end of the site will provide customers access to both the showroom/sales area and the service area. A service entrance near the south end of the project site will be used by staff only to take cars in and out of the service areas for test drives. The proximity of the free -flow right turn lane at Bowsprit/MacArthur,to the curb cut proposed to provide primary vehicular access to the dealership from MacArthur Boulevard could create a hazard as described above. Implementation of the following mitigation measures will ensure a less than significant impact. Mitigation Measures M -3CA The applicant will make the required improvements at the intersection of Bowsprit Drive and MacArthur Boulevard to reduce the curb radius of the eastbound free right turn on Bowsprit Drive to MacArthur Boulevard to an approximately 35 foot curb radius to slow turning traffic and to increase the distance between Bowsprit Drive and the project entrance. Newport Lexus Chapter 3C Transportabon/Trafjc Draft EIR 3C -14 November 2004 Remaining Impacts With implementation of the mitigation measure described above, the proposed project would not create a hazard due to a design feature. Impacts would be less than significant. Potential Impact 3C4: Emergency access. The proposed project design would be in compliance with Fire Department requirements regarding emergency vehicle access. As shown in the site plan (Figure 2 -4), the proposed Lexus site provides several access points for emergency vehicles. Therefore, no impacts are anticipated. Mitigation Measure No mitigation is required. Remaining Impacts The proposed project would provide adequate emergency access. Impacts would be less than significant. Potential Impact 3C5: Congestion Management Program. The Orange County Congestion Management Program (CMP) was established in 1991 to reduce traffic congestion and to provide- a mechanism for coordinating land use and development decisions. Compliance with the CMP requirements ensures a city's eligibility to compete for State gasoline tax funds for local transportation projects. Within the City of Newport Beach, the CMP Highway System includes three arterials: • Jamboree Road from the north City limit to MacArthur Boulevard; • MacArthur Boulevard from Jamboree Road to Coast Highway; and • Coast Highway. CMP monitored intersections within the City of Newport Beach include: • Jamboree Road at MacArthur Boulevard (shared with the City of Irvine); • MacArthur Boulevard at Coast Highway; and • Newport Boulevard at Coast Highway. Noiporl Lerus Chopte X Troospormrion/Troffrc Drofr EIR X-15 November 2004 The Level of Service standard for CMP intersections is LOS "E," or the current Level of Service, whichever is farthest from Level of Service "A." No intersection may be allowed to deteriorate below LOS "E" or the existing LOS if worse than "E" without mitigation. The Orange County CMP states that a Traffic Impact Assessment (TIA) "will be required for CMP purposes for all proposed developments generating 2,400 or more daily trips," and that "for developments which will directly access a CMP Highway System link, the threshold for requiring a TIA should be reduced to 1,600 or more trips per day." The project is estimated to generate a total of 3,280 daily trips, and as such, the project is required to comply with the CMP Traffic Impact Analysis guidelines. The study area for a CMP analysis is defined by a measure of the project's significant impact on the roadway links. Significant impact is defined as links impacted by three percent or more of their LOS `B" capacity. The CMP states, "If a TIA is required only for CMP purposes, the study area would end when traffic falls below three percent of capacity on individual roadway links. If the TIA is also required for other purposes, additional analysis can be required by the local jurisdiction based on engineering judgment or local regulation as applicable." The LOS "E" capacities of the roadways surrounding the project site, and the forecasted daily project traffic volumes on those segments are shown on Figure 3C -1. Review of Figure 3C -1 shows that the traffic analysis has been carried sufficiently far enough so as to extend beyond the three percent range required by the CMP. The intersection of Jamboree Road and MacArthur Boulevard is located within the study area. This intersection was included in the TPO and Cumulative analysis. The intersection is shown to operate at LOS "E" both with and without the project. The project will not cause any CMP intersection to operate at a deficient Level of Service. This traffic study, therefore, complies with CMP requirements. Mitigation Measure No mitigation is required. Remaining Impacts The proposed project would not exceed levels of service established by the County Congestion Management Agency. Impacts would be less than significant. Nenporl Le us Chapter 3C. Transp wa[ion/Traffc Draft EIR 3C -16 Na,,mber 2004 (!i) NOT TO SCALE v DUPONT Z 0 492 in J 0.9% Q G V 656 184 1.2% 0.7% �S 328 D.6% 656 1.2% 161 0 PROJECT .3x F 000 LOCATION 492 984 3.9X 1.7X UAIL 984 1.79 BRI 3TOL ST. N BRI TOL ST. S r� 820 164 ��� 1.8% 0.99 2 164 U U 328 0.39 LEGEND, XXX : PMjW ADT X.XXX ft led Traf k Pereenkpe of Roadway LOS .E' Owaelb SOURCE: Kiraley -Horn and Aisociate., Inc. N"porl Beach Lews EIR 1204214 0 Figure 3C4 CMP Study Area Determination Potential Impact 3C6: Cumulative traffic impacts. Cumulative project traffic growth, which is growth due to development projects in the area, and growth in "pass through" traffic, is included in the analysis of the proposed project conditions. The area projects that could affect the study area are listed in Chapter 2, Table 2 -2. Currently, several area projects have been identified which could pose a cumulative impact to area traffic conditions. Tables 3C -3 and 3C -4 show the results of both the TPO and typical CEQA analysis, both of which consider area growth and future projects. Area growth would result in deterioration of levels of service at area intersections. The proposed mitigation would reduce identified cumulative project impacts. By providing service to current and future Lexus owners in closer proximity to where they live, this project could reduce the length of some regional trips. Mitigation Measure Refer to mitigation measures M -3C.1 and M -3C -2. Remaining Impacts Together with other area projects, the proposed project, with mitigation, would not create a cumulative impact. Impacts would not be cumulatively considerable. Newport Le us Chapter 3C. iranTorfadon/7rafc Draft EIR 3C -18 November7004 3D. Air Qu INTRODUCTION The air quality impact analysis considers construction and operational impacts associated with the proposed project. Construction and operational emissions are estimated following standards provided in the South Coast Air Quality Management District (SCAQMD) CEQA Air Quality Handbook. SETTING The proposed project site is located in the western portion of Orange County in the City of Newport Beach. The proposed project site is located within the jurisdictional boundaries of the SCAQMD, within the South Coast Air Basin (SCAB). The SCAB encompasses 6,745 miles and includes all of Orange County and the non desert portions of San Bernardino, Riverside, and Los Angeles Counties. The SCAQMD stretches from the Pacific Ocean in the west, to the Angeles National Forest to the north, Orange County to the south, and Riverside and San Bernardino Counties to the east. Regional Climate The SCAB is primarily a coastal plain with interconnected valleys and low hills progressing into high mountain ranges on the perimeter. The region is located within a semi - permanent high - pressure system that lies off the coast. As a result, the weather is mild, tempered by a daytime sea breeze and a nighttime land breeze. This mild climate is infrequently interrupted by periods of extremely hot weather, winter storms, and Santa Ana winds. Rainfall in the SCAB is primarily restricted from November through April, with rainfall totals being highly variable from year to year. The SCAB has a low average wind speed of 5.7 miles per hour (mph) in downtown Los Angeles. Inland areas record slightly lower wind speeds, while coastal areas average approximately 2 mph greater than downtown. Because of the low average wind speed, air contaminants in the SCAB do not readily disperse. On spring and summer days most pollution is moved out of the SCAB through mountain passes or is lifted by the warm vertical currents produced by the heating of the mountain slopes. From late summer through the winter months, lower wind speeds and the earlier appearance of offshore breezes combine to trap pollution in the SCAB. Newport Lerus 3D. Air Quality Draft EIR 3D -1 November 2004 SCAQMD Rule 403 In December of 1998, the SCAQMD revised its existing Rule 403 regarding fugitive dust emissions. The purpose of this rule is to reduce the amount of particulate matter entrained in the ambient air as a result of anthropogenic (man -made) fugitive dust sources by requiring actions to prevent, reduce or mitigate fugitive dust emissions. Under this rule, a person shall not cause or allow the emissions of fugitive dust from any active operation, open storage pile, or disturbed surface area such that the presence of such dust remains visible in the atmosphere beyond the property line of the emission source. Second, a person conducting active operations within the boundaries of the SCAB shall utilize one or more of the applicable best available control measures to minimize fugitive dust emissions from each fugitive dust source type which is part of the active operation. Third, a person shall not cause or allow PM10 levels to exceed 50 micrograms per cubic meter when determined, by simultaneous sampling, as the difference between upwind and downwind samples collected on high - volume particulate matter samplers or other U.S. EPA - approved equivalent method for PM10 monitoring. Finally, any person in the SCAB shall prevent or remove within one hour the track -out of sand, gravel, soil, aggregate material less than two inches in length or diameter, and other organic or inorganic particulate matter onto public paved roadways as a result of their operations; or prevent the track -out of such material onto public paved roadways as a result of their operations and remove such material at anytime track -out extends for a cumulative distance of greater than 50 feet on to any paved public road during active operations and remove all visible roadway dust tracked -out upon public paved roadways as a result of active operations at the conclusion of each work day when active operations cease. Existing Air Quality The SCAB is in non - attainment for both the federal and state ozone, carbon monoxide, and PM10 standards. The state's one -hour ozone standard in the SCAQMD was exceeded 5 days in 1998 and at least once per year from 1997 through 2001 (see Table 3D -2). The PMIO standard was exceeded 15 times in 1999, and at least eight times a year from 1997 to 2001. The CO standard has not been exceeded in the proposed project area for the last five years. The SCAB is a maintenance area for the federal and state N% standards, which means it had once been in non- attainment. Existing Air Pollution Sources Air quality in the vicinity of the proposed project site is affected by emissions from motor vehicle traffic on adjacent roadways and highways. 2 SCAQMD. Rule 403. December 1998. a Ibid. Ne porl Lexus 3D. Air Qudiq, Draft EIR 3D -6 November 2004 TABLE 3D -2 PROPOSED PROJECT AREA AIR POLLUTANT SUMMARY, 2000 -2002' Pollutant Standard 2000 2001 2002 Ozone (03) Highest 1 -hr average, ppm` 0.09 0.10 0.098 0.087 Number of standard excesses' 1 1 0 Carbon Monoxide (CQ1 Highest 1 -hr average, ppm` 20.0 8* 6 5 Number of standard excesses' 0 0 0 Highest 8 -hr average, ppmc 9.0 6.3* 4.57 4.3 Number of standard excesses' 0 0 0 Nitrogen Dioxide (NO2) Highest 1 -hr average, ppm` 0.25 0.11 0.08 0.11 Number of standard excesses° 0 0 0 Particulate Matter -10 Micron (P Highest 24 -hr average, pg /mac 50 Number of standard excesses' Annual Geometric Mean, pg /m3 30 Violation NOTE: Underlined values indicate an excess of applicable standard. a. Data are from the SCAQMD Monitoring Station No. 3195 located in North Coastal Orange County Air Monitoring Subregion, Source No. 18. b. State standard, not to be exceeded. c. ppm - parts per million; pg/m3 - micrograms per cubic meter. d. Refers to the number of days in a year during which at least one excess was recorded. e. Measured every six days. * Less than 12 full months of data. May not be representative. -- = Pollutant not monitored. Source: South Coast Air Quality Management District, Air Qualify Data Tables, 2000, 2001 & 2002. Sensitive Receptors Some land uses are considered more sensitive to air pollution than others due to the types of population groups or activities involved. SCAQMD includes in its list of sensitive receptors, residences, schools, playgrounds, childcare centers, convalescent homes, retirement homes, rehabilitation centers, and athletic facilities. Sensitive population groups include children, the elderly, and the acutely and chronically ill, especially those with cardio - respiratory diseases. Residential areas are also considered to be sensitive to air pollution because residents tend to be home for extended periods of time, resulting in sustained exposure to any pollutant present. There are no sensitive receptors, such as schools, within one mile of the project site. Ne Port Lexus 3D. Air Qualiq Draft EIR 313-7 November 2004 IMPACTS AND MITIGATION Criteria for Determining Significance The CEQA Guidelines checklist provides the following thresholds for determining significance with respect to air quality. Air quality impacts would be considered significant if the project would: • Conflict with or obstruct implementation of the applicable air quality plan; • Violate any air quality standards or contribute substantially to an existing or projected air quality violation; • Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors); • Expose sensitive receptors to substantial pollutant concentration; or, • Create objectionable odors affecting a substantial number of people. In addition, the SCAQMD has adopted air quality thresholds of significance for construction activities and project operations that are shown in Table 3D -3. TABLE 3D -3 SCAQMD AIR POLLUTION SIGNIFICANCE CRITERIA Air Pollutant Carbon Monoxide (CO) Reactive Organic Compounds (ROC) Nitrogen Oxides (NO,) Particulates (PM,e) Project Construction 550 lbs. Per day 75 lbs. Per day 100 lbs. Per stay 150 lbs. Per day Source: South Coast Air Quality Management District, 1993. Project Operation 550 lbs. Per day 55 lbs. Per day 55 lbs. Per day 150 lbs. Per day Newport Luus 3D. Air Q Draft EIR 3D -8 November Project Impacts Potential Impact 3DI: Consistency with the Air Quality Management Plan (AQMP). Air emissions in the SCAB are regulated by the SCAQMD. Pursuant to the CAA, the SCAQMD is required to reduce emissions of criteria pollutants for which the SCAB is in non - attainment. Strategies to achieve these emissions reductions are developed in the AQMP prepared by SCAQMD for the region. Chapter 3 of the 2003 SCAQMD AQMP states future emissions forecasts are based on demographic and economic growth projections provided by the Southern California Association of Government (SCAG) s Individual projects and long -term programs within the region are required to be consistent with population, employment, and housing projections. The project is not a regionally significant project that would be considered inconsistent with the 2003 AQMP. The development would be consistent with urban development assumed in the City of Newport Beach General Plan and SCAG population projections. Therefore, the proposed project would be consistent with the AQMP. The proposed project does not meet the criteria for regional significance as outlined in CEQA section 152006 (b). Mitigation Measures No mitigation is required. Remaining Impacts The proposed project would be consistent with the Air Quality Management Plan (AQMP). It would not conflict with or obstruct implementation of the AQMP. Impacts would be less than significant. Potential Impact 3D2: Construction air emissions. Construction of the proposed project would generate air emissions. Construction- related emissions would primarily be: 1) dust generated from grading and site preparation; 2) hydrocarbon emissions from paint and asphalt; 3) exhaust emissions from powered construction equipment; and, 4) motor vehicle emissions associated with construction activities, haul trucks, and worker commute. s SCAQMD, 2003. Newport Laus 3D. Air Quality Draft E1R 3D -9 November 2004 Construction -phase air quality impacts were analyzed quantitatively utilizing construction emissions estimation worksheets (Appendix B). The worksheets follow methodology outlined in the SCAQMD CEQA Air Quality Handbook and utilize emissions factors found in the EMFAC -2002 air emissions models and CARB Emission Inventory Publication number MO99 -32.3. The air emissions calculations assume that construction emissions would last approximately 18 months and would vary day to day depending on the activities being performed. Fugitive dust emissions would vary depending on the level and type of activity, silt content of soil, and prevailing weather. Some fugitive dust would be larger- diameter particles that would settle out of the atmosphere close to the site of the actual activity. Smaller- diameter dust would remain suspended for longer periods and would include PMIO. Fugitive dust emissions were calculated utilizing emissions factors found in Table 11.9 -1 of U.S. EPA's AP -42 compilation of emissions factors and SCAQMD CEQA Air Quality Handbook. In addition to fugitive dust, project construction would also result in emissions of other criteria air pollutants, including ROC and NO,;, due to combustion of fuel for heavy equipment operation, truck trips, and construction worker trips. ROC'S would also be emitted during painting and asphalt laying operations. Construction activities would include the demolition of existing structures, grading and site preparation, excavation, and building construction. Currently it is estimated that demolition would last approximately 8 weeks, site grading and preparation would last approximately 8 weeks and building construction would last approximately 14 months. Building construction could occur while site preparation is occurring on another portion of the site. Total construction time is anticipated to last approximately 18 months. Demolition Prior to construction, six existing structures would be removed from the proposed project site. Three of the existing structures are 30,000 square -foot office buildings; one building is currently a 2,700 square -foot office; one is a 2,500 square -foot showroom, and one is a 10,000 square -foot repair facility. Construction debris will include broken concrete and steel framing. It is assumed that the average height of each story of the structures to be demolished would be 12 feet. Under this assumption, approximately 9,400 cubic yards (252,500 cubic feet) of demolition debris would be generated and hauled off site (20 percent of total cubic volume of demolished structures). Demolition is expected to last approximately 8 weeks and would involve the use of one crane, one backhoe, one loader, and one bulldozer. It is further assumed that 15 employees and 20 haul trucks would travel to and from the job site, and a water truck would travel one mile per day at the job site. N"porl Le s 3D. Air Qualm.' Draft EIR 3D -10 November 2004 Grading and Site Preparation Grading and site preparation is anticipated to last approximately 8 weeks and will include excavation, site grading, underground plumbing and electrical installation. During this phase, it is estimated that one scraper, one compactor, one bulldozer, one excavator, and two loaders would work for various time periods at the proposed project site. It is further assumed that 50 employees would travel 30 miles to and from the job site daily, and a water truck would travel one mile per day. Assuming that a single haul truck can hold approximately 12 cubic yards of material, a total of 840 soil haul trucks would be necessary to remove the 10,000 cubic yards of excavated soil. Construction emissions worksheets are presented in Appendix B. Building Construction During building construction, it is estimated that three forklifts, three compressors, three welders, two boomtrucks, one mortar mixer, one roller, and one paver would operate on the site for periods of time. It is further assumed that 50 employees would travel 30 miles to and from the proposed project site, three construction material delivery trucks per day would travel 25 miles to and from the site, a total of 1,000 concrete delivery trucks would also travel 25 miles each direction, and a water truck would travel one mile per day at the job site. Construction emissions worksheets are presented in Appendix B. Summary of Construction Emissions As shown in Table 3D -4, total construction emissions would not exceed SCAQMD significance thresholds. Emissions at the site would vary day to day over the construction period. The emissions estimates assume that mitigation measures would be implemented to minimize fugitive dust and vehicle exhaust. Mitigation measures M -3D.1 through M -31).12 are included below. Mitigation Measures M -3D.1 Cover all trucks hauling soil, sand, and other loose materials, or require all trucks to maintain at least two feet offreeboard. M -3D.2 Pave, water (three times daily), or apply non -toxic soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites. M -3D.3 Sweep all paved access roads, parking areas, and staging areas at construction sites daily with water sweepers. Nenyon Lexus 3D. Air Quality Draft E/R 31) -11 November 2004 TABLE 3D-4 LEXUS DEALERSHIP CONSTRUCTION EMISSIONS* Building Significance Air Pollutant Demolition Excavation Construction Criteria Carbon Monoxide (CO) 17.10 33.71 34.42 550 lbs. per day Reactive Organic Compounds (ROC) 4.25 5.89 7.03 75 lbs. per day Nitrogen Oxides (NO,) 77.96 90.55 79.27 100 lbs. per day Particulates (PM,,) 11.94 25.82 5.32 150 lbs. per day * Emissions Factors Provided in URBEMIS2002, CARB Emission Inventory Publication NumberM099_32.3 Table 13 and EPA AP42 compilation of emissions factors. Source: ESA, 2004. M-3DA Sweep streets daily with water sweepers if visible soil material is carried onto adjacent public streets. M -3D.5 Hydroseed or apply non -toxic stabilizers to inactive construction areas. M -3D.6 Enclose, cover, water (twice daily), or apply non -toxic soil binders to exposed stockpiles (dirt, sand, etc). M -3D.7 Limit traffic speeds on unpaved roads to 15 miles per hour. M -3D.8 Install sandbags or other erosion control measures to prevent silt runoff to public roadways during rainy season construction (November through April). M -3D.9 Replant vegetation in disturbed areas as quickly as possible. M -3D.10 All construction equipment shall be properly tuned and maintained. M -3D.11 Contractors shall maintain and operate construction equipment so as to minimize exhaust emissions. During construction, trucks and vehicles in loading or unloading queues shall not idle. M -3D.12 Construction activities shall be staged and scheduled to avoid emissions peaks, and discontinued during second -stage smog alerts. N"port Le us 3D. Air Qua /iq Draft EIR 3D -12 November 2004 Remaining Impacts Construction of the proposed project would emit criteria pollutants. Estimated daily average construction emissions would exceed significance thresholds set by the SCAQMD. Impacts would be significant and unavoidable. Potential Impact 3D3: Project operation air emissions. Operational emissions include stationary and mobile sources of emissions. Stationary sources of emissions include emissions from boilers or generators. Mobile source emissions are motor vehicle emissions and would be the largest source of pollutants resulting from project operation. No stationary emissions would be generated at the proposed project site. Based on estimated trip rates, the proposed Newport Lexus automobile dealership would generate 3,280 new trips on a typical weekday basis with 112 trips in the morning peak hour and 189 trips in the evening peak hour. Some of these new trips would replace existing trips to the existing office park. Project operational emissions were estimated using the CARB URBEMIS 2002 emissions model (Appendix B). As shown in Table 3D -5, operational emissions would not exceed SCAQMD significance thresholds. Operational emissions would be considered a less than significant impact to air quality. Air Pollutant TABLE 3D -5 - LEXUS DEALERSHIP OPERATIONAL EMISSIONS Project Operation Significance Criteria Carbon Monoxide (CO) 190.56 lbs. /day 550 lbsJday Reactive Organic Compounds (ROC) 14.72 lbs. /day 55 lbs. /day Nitrogen Oxides (NO„) 17.30 lbs. /day 55 lbs. /day Particulates (PMto) 15.03 lbs. /day 150 lbs. /day Source: URBEMIS 2002, South Coast Air Quality Management District. Neupart Lexus 3D. Air Quality Draft FIR 3D -13 November 2004 Mitigation Measures No mitigation required. Remaining Impacts Estimated daily average emissions would not exceed significance thresholds set by the SCAQMD. Impacts would be less than significant. Potential Impact 3D4: Cumulative impacts. The CEQA Guidelines require that a project be evaluated with respect to its contribution to the cumulative condition. Currently, the existing ambient air quality baseline is affected by emissions in the SCAB. As stated above, the SCAB is in non - attainment for carbon monoxide, ozone and particulatematter. Through the AQMP the SCAQMD analyzes projected regional growth and associated emissions of criteria pollutants. Based on the AQMP and other factors the SCAQMD establishes thresholds of significance for certain criteria pollutants. Any addition of these pollutants or their precursors in excess of SCAQMD CEQA thresholds of significance would result in a significant cumulative impact. As shown in Impacts 3D2 and 3D3, operational emissions and construction emissions would not exceed SCAQMD thresholds of significance for any criteria pollutants or their precursors. As such, the proposed project would result in a less than significant cumulative impact to air quality. Mitigation Measures No mitigation is required. Remaining Impacts The proposed project would not create a cumulatively considerable impact to air quality. Newport Locus 3D. Air Quallt}' Draft EIR 3D -14 November 2004 Chapter 4. Alternatives Analysis 4.1 INTRODUCTION AND OVERVIEW According to the CEQA, an EIR must describe a reasonable range of alternatives to a proposed project that could feasibly attain most of the basic project objectives, and would avoid or substantially lessen any of the proposed project's significant effects. Additionally, a No Project alternative must be analyzed. An EIR must evaluate the comparative merits of the alternatives. The range of alternatives required in an EIR is governed by a "rule of reason" that requires an EIR to set forth only those alternatives necessary to permit a reasoned choice. An EIR need not consider every conceivable alternative to a project. Rather, the alternatives must be limited to ones that meet the project objectives, are feasible, and would avoid or substantially lessen at least one of the significant environmental effects of the project. "Feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social, and technological factors. The EIR must briefly describe the rationale for selection and rejection of alternatives and the information the lead agency relied on when making the selection. It also should identify any alternatives considered, but rejected, as infeasible by the lead agency during the scoping process and briefly explain the reasons for the exclusion. Alternatives may be eliminated from detailed consideration in the EIR if they fail to meet most of the project objectives, are infeasible, or do not avoid any significant environmental effects. This chapter identifies two alternatives that attain some of the project objectives, are feasible, and could avoid or lessen environmental impacts, including the No Project alternative. This chapter concludes by analyzing the environmentally superior alternative. This EIR does not identify any unmitigated significant adverse impacts of the project, and therefore project alternatives are not strictly necessary. However, in order to comply with CEQA, this section presents a "Reduced Project Alternative" to illustrate how impacts would be affected if the project were reduced in size. Newport Le=s Chapter 4. Alternatives Analysis Craft EIR 4.1 November 2004 meet the project objectives. In addition, CEQA Guidelines (Section 15126.6(c)) require that, if the environmentally superior alternative is the No Project Alternative, the EIR also shall identify an environmentally superior alternative among the other alternatives. The Reduced Project Alternative would be the environmentally superior alternative. This alternative involves the construction of a slightly smaller Lexus automobile dealership at the proposed project site; this alternative would meet all of the project objectives. Due to the only slightly smaller size of dealership under this alternative, it is assumed that impacts associated with the construction of this alternative, would be similar in nature to the proposed project (that is - less than significant). This alternative would reduce the number of significantly impacted intersections from two to one under the TPO and from one to none under the CEQA analysis. Mitigation measure M -3C.1 would mitigate to a level of less than significance the TPO impact at Irvine Avenue and Mesa Drive. For this reason the Reduced Project Alterative is now the preferred altemative. Newport Lesus Chapter 4. Alternatives Analysis Llraft EIR 4.6 November 2004 Chapter 5. Other CEQA Considerations This chapter presents the evaluation of other types of environmental impacts required by CEQA that are not covered within the other chapters of this Draft EIR. The other CEQA considerations include environmental effects that were found not to be significant, growth- inducing impacts or significant and unavoidable adverse impacts. 5.1 ADVERSE IMPACTS THAT CAN BE MITIGATED TO LESS THAN SIGNIFICANT Without mitigation, the project could result in significant impacts to: aesthetics and land use, hydrology and water quality and storm water, and traffic. The following impacts, however, can be mitigated to less than significant. • Aesthetics/ Land Use - The proposed project could create a new source of light and glare in the area - The proposed project would conflict with local land use policies • Hydrology and Water Quality - The proposed project has the potential to degrade surface water quality during construction and operation • Traffic - The proposed project could impact the existing load and capacity of local intersections and exceed significance criteria established by the City of Newport Beach 5.2 GROWTH- INDUCING IMPACTS Pursuant to Section 15126.2(d) of the CEQA Guidelines, an EIR must address whether a project will directly or indirectly foster growth. Section 15126.2(d) reads as follows: "[An EIR shall] discuss the ways in which the proposed project could foster economic or population growth, or the construction of additional housing, either directly or indirectly, in the surrounding environment. Included in this are projects which would remove obstacles to population growth (a major expansion of wastewater treatment plant, might, for example, allow for more construction in service areas). Increases in the population may further tax existing community Nekyart Lexus Chapter 5. Other CEQA Considerations Draft EIR 5-1 November 2004 service facilities so consideration must be given to this impact. Also discuss the characteristic of some projects which may encourage and facilitate other activities that could significantly affect the environment, either individually or cumulatively. It must not be assumed that growth in any area is necessarily beneficial, detrimental, or of little significance to the environment. " As discussed below, this analysis evaluates whether the proposed project will directly, or indirectly, induce economic, population, or housing growth in the surrounding environment. Direct Growth - Inducing Impacts in the Surrounding Environment A project would directly induce growth if it would remove barriers to population growth such as a change to a jurisdiction's General Plan and Zoning Ordinance, which allowed new residential development to occur. The construction of the proposed Lexus Dealership is intended to serve an existing demand and generate a new source of revenue for the City of Newport Beach. The new Lexus automobile dealership would not induce more population growth, but would accommodate that which already has occurred and which will continue to occur over time. Indirect Growth- Inducing Impacts in the Surrounding Environment A project would indirectly induce growth if it would increase the capacity of infrastructure in an area in which the public service currently met demand. Examples would be increasing the capacity of a sewer treatment plant, or a roadway beyond that needed to meet existing demand. The construction of the proposed project would not induce more growth in the area, but would meet the current and future demand for retail services for a population, which will increase regardless of the number of automobile dealerships currently in existence. 5.3 SIGNIFICANT UNAVOIDABLE ENVIRONMENTAL IMPACTS CEQA Section 15126.2(b) requires a discussion of any significant impacts that cannot be reduced to levels of insignificance. Mitigation measures have been identified for all of the significant impacts of the proposed project, therefore the construction and operation of the proposed project would not result in any significant unavoidable environmental impacts. Newport texas Chapter 5. Other CEQA Considerations Draft EIR 5 -2 November 2004 Chapter 6. References Airport Land Use Commission, Airport Land Use Plan for John Wayne Airport http: / /www.ocair.com/AELUP text version.htm, accessed online September 30, 2004. California Air Resources Board (CARB), Ambient Air Quality Standards, July 9, 2003. Carlile Coatsworth Architects, Inc. City of Irvine Planning Department. City of Newport Beach Economic Development Policy http: / /www.city.newport- beach .ca.us /Councilpolicies/K- 10.htm, accessed online August 2, 2004. City of Newport Beach Municipal Code section 14.36.040 (1) http:// municipalcodes. lexisnexis.com/codes /newportb /, accessed online September 23, 2004. City of Newport Beach Planning Department. Federal Emergency Management Agency, Flood Insurance Rate Map, Orange County, California, Panel 47, Map 06059C0047E, September 15, 1989 Fuscoe Engineering, Inc. Amendment Newport Beach Lexus Dealership — Water Quality Study, letter from Howard Wen, MPH, Environmental Scientist, September 23, 2004. Fuscoe Engineering, Inc. Newport Beach Lexus Dealership — Hydrology & Hydraulics Study, September 3, 2004. Fuscoe Engineering, Inc. Newport Beach Lexus Dealership — Water Quality Report, September 7, 2004. Highway Capacity Manual (HCM), Special Report 209. Transportation Research Board, Washington D.C., 1997. Irvine General Plan, Circulation Element, http• / /www ci irvine ca us/ depts/ cdlpl anningactivities laeneralplanlpdflcirculation pdf, accessed online September 24, 2004. Kimley -Horn and Associates, Inc, Traffic Study for Newport Lexus in the City of Newport Beach, September, 2004. Newport Beach General Plan, Circulation Element, 1996. Newport Beach General Plan, Land Use Element, 1998. Newport Beach General Plan, Public Safety Element, February 1975. pp. 24 -25. South Coast Air Quality Management District, Air Quality Data Tables, 2000, 2001 & 2002. Newport Lexus Chapter 6. References Draft EIR 6 -1 November 2004 South Coast Air Quality Management District and Southern California Association of Governments, Final 1989 Air Quality Management Plan, March 1989. South Coast Air Quality Management District, Rule 403, December 1998. Thomas Brothers Maps, 2004. Newport Le s Chapter 6. References Draft E1R 6-2 Nmrmber 2004 TABLE 4 -1 SUMMARY OF PEAK HOUR INTERSECTION OPERATION (REDUCED PROJECT —117 KSF)I w/ out Project Conditions w/ Project Conditions Project Impact AM Peak PM Peak AM Peak PM Peak Change in ICU No. Signalized Intersection ICU LOS ICU LOS ICU LOS ICU LOS AM PM Sig? TPO Analysis (Approved Projects) 13 Jamboree Rd @ MacArthur Blvd 0.74 C 0.90 D 1 0.74 C 0.90 D 0.00 0.00 No 18 Irvine Ave @ Mesa Dr 0.84 D 0.98 E I{ 0.84 D 0.99 E 0.00 0.01 Yes CEQA Analysis (Cumulative/Approved Projects) 13 Jamboree Rd @MacArthur Blvd 0.858 D 0.992 E 10.855 D 1.000 E 1 -0.003 0.008 No 18 Irvine Ave @ Mesa Dr 0.843 D 0.986 E 0.845 D 0.989 E 0.002 0.003 No I Since the project impacts associated with the reduced- intensity alternative will be less than the full project, analysis of the traffic impacts for the reduced project was conducted only at the two intersections shown to be significantly impacted by the full project. Source: Kimley -Hom and Associates, Inc., Traffic Study for Newport Lexus in the City of Newport Beach, September 2004 impact (although not a CEQA impact) at the intersection of Irvine Avenue and Mesa Drive, and the project would still be required to participate in the funding of improvements at this intersection to mitigate this impact (see mitigation measure M- 3C.1). The project's share of necessary improvements required under the Reduced Project Alternative is shown in Table 4 -2. TABLE 4 -2 INTERSECTION IMPROVEMENTS - PROJECT RESPONSIBILITY Future Improved Effective Improved Effective Project Intersection Condition w/o w/o Capacity w/ Project Capacity Responsibility Project Project Increase Decrease (Dec. / Inc.) Irvine Avenue @ Mesa Drive � Approved — PM 0.983 0.932 0.051 0.936 0.004 0.078 Assumes reconfiguration of the WB approach to provide 1 left, 1 left/through, and 1 right -turn lane. Source: Kimley -Hom and Associates, Inc., Traffic Study for Newport Lexus in the City o(Ne ,port Beach, September 2004 4.3 ENVIRONMENTALLY SUPERIOR ALTERNATIVE An EIR must identify the environmentally superior alternative. The No Project Alternative would be environmentally superior to the proposed project on the basis of the minimization or avoidance of physical environmental impacts. However, the No Project Alternative does not Newport Lexus Chapter 4. Alternatives Analysis Draft EIR 4 -5 November 2004 meet the project objectives. In addition, CEQA Guidelines (Section 15126.6(c)) require that, if the environmentally superior alternative is the No Project Alternative, the EIR also shall identify an environmentally superior alternative among the other alternatives. The Reduced Project Alternative would be the environmentally superior alternative. This alternative involves the construction of a slightly smaller Lexus automobile dealership at the proposed project site; this alternative would meet all of the project objectives. Due to the only slightly smaller size of dealership under this alternative, it is assumed that impacts associated with the construction of this alternative, would be similar in nature to the proposed project (that is - less than significant). This alternative would reduce the number of significantly impacted intersections from two to one under the TPO and from one to none under the CEQA analysis. Mitigation measure M -3C.1 would mitigate to a level of less than significance the TPO impact at Irvine Avenue and Mesa Drive. For this reason the Reduced Project Alterative is now the preferred alternative. Newport Lexus Chapter 4. Ahernatives.4nuMsis Draft EIR 4 -6 November 2004 Chapter S. Other CEQA Considerations This chapter presents the evaluation of other types of environmental impacts required by CEQA that are not covered within the other chapters of this Draft EIR. The other CEQA considerations include environmental effects that were found not to be significant, growth- inducing impacts or significant and unavoidable adverse impacts. 5.1 ADVERSE IMPACTS THAT CAN BE MITIGATED TO LESS THAN SIGNIFICANT Without mitigation, the project could result in significant impacts to: aesthetics and land use, hydrology and water quality and stone water, and traffic. The following impacts, however, can be mitigated to less than significant. • Aesthetics) Land Use - The proposed project could create a new source of light and glare in the area - The proposed project would conflict with local land use policies • Hydrology and Water Quality - The proposed project has the potential to degrade surface water quality during construction and operation • Traffic - The proposed project could impact the existing load and capacity of local intersections and exceed significance criteria established by the City of Newport Beach 5.2 GROWTH- INDUCING IMPACTS Pursuant to Section 15126.2(d) of the CEQA Guidelines, an Elkmust address whether a project will directly or indirectly foster growth. Section 15126.2(d) reads as follows: "[An EIR shall] discuss the ways in which the proposed project could foster economic or population growth, or the construction of additional housing, either directly or indirectly, in the surrounding environment. Included in this are projects which would remove obstacles to population growth (a major expansion of wastewater treatment plant, might, for example, allow for more construction in service areas). Increases in the population may further tax existing community Newport Lout Chapter 5. Other CEQA Considerations Draft EIR 5-1 November 2004 service facilities so consideration must be given to this impact. Also discuss the characteristic of some projects which may encourage and facilitate other activities that could significantly affect the environment, either individually or cumulatively. It must not be assumed that growth in any area is necessarily beneficial, detrimental, or of little significance to the environment. " As discussed below, this analysis evaluates whether the proposed project will directly, or indirectly, induce economic, population, or housing growth in the surrounding environment. Direct Growth- Inducing Impacts in the Surrounding Environment A project would directly induce growth if it would remove barriers to population growth such as a change to a jurisdiction's General Plan and Zoning Ordinance, which allowed new residential development to occur. The construction of the proposed Lexus Dealership is intended to serve an existing demand and generate a new source of revenue for the City of Newport Beach. The new Lexus automobile dealership would not induce more population growth, but would accommodate that which already has occurred and which will continue to occur over time. Indirect Growth - Inducing Impacts in the Surrounding Environment A project would indirectly induce growth if it would increase the capacity of infrastructure in an area in which the public service currently met demand. Examples would be increasing the capacity of a sewer treatment plant, or a roadway beyond that needed to meet existing demand. The construction of the proposed project would not induce more growth in the area, but would meet the current and future demand for retail services for a population, which will increase regardless of the number of automobile dealerships currently in existence. 5.3 SIGNIFICANT UNAVOIDABLE ENVIRONMENTAL IMPACTS CEQA Section 15126.2(b) requires a discussion of any significant impacts that cannot be reduced to levels of insignificance. Mitigation measures have been identified for all of the significant impacts of the proposed project, therefore the construction and operation of the proposed project would not result in any significant unavoidable environmental impacts. Newport Lexus Chapter 5. Other CEQA Considerations Draft EIR 5 -2 November 1004 Chapter 6. References Airport Land Use Commission, Airport Land Use Plan for John Wayne Airport http: /iwww.ocair.com /AELUP text version.htm, accessed online September 30, 2004. California Air Resources Board (CARB), Ambient Air Quality Standards, July 9, 2003. Carlile Coatsworth Architects, Inc. City of Irvine Planning Department. City of Newport Beach Economic Development Policy http: / /www.city.newport- beach .ca.us /Counciloolicies/K- 10.htm, accessed online August 2, 2004. City of Newport Beach Municipal Code section 14.36.040 (1) http: / /municipalcodes .lexisnexis.com /codes /newportb /, accessed online September 23, 2004. City of Newport Beach Planning Department. Federal Emergency Management Agency, Flood Insurance Rate Map, Orange County, California, Panel 47, Map 06059C0047E, September 15, 1989 Fuscoe Engineering, Inc. Amendment Newport Beach Lexus Dealership — Water Quality Study, letter from Howard Wen, MPH, Environmental Scientist, September 23, 2004. Fuscoe Engineering, Inc. Newport Beach Lexus Dealership — Hydrology & Hydraulics Study, September 3, 2004. Fuscoe Engineering, Inc. Newport Beach Lexus Dealership — Water Quality Report, September 7, 2004. Highway Capacity Manual (HCM), Special Report 209. Transportation Research Board, Washington D.C., 1997. Irvine General Plan, Circulation Element, http: / /www.ci. irvine. ca. us/ depts/ cd/ planningactivities/ eeneralplan 1pdflcirculation.i)df, accessed online September 24, 2004. Kimley -Horn and Associates, Inc, Traffic Study for Newport Lexus in the City of Newport Beach, September, 2004. Newport Beach General Plan, Circulation Element, 1996. Newport Beach General Plan, Land Use Element, 1998. Newport Beach General Plan, Public Safety Element, February 1975. pp. 24 -25. South Coast Air Quality Management District, Air Quality Data Tables, 2000, 2001 & 2002. Newport Lexus Chapter 6. References Draft EIR 6_I November 2004 South Coast Air Quality Management District and Southern California Association of Governments, Final 1989 Air Quality Management Plan, March 1989. South Coast Air Quality Management District, Rule 403, December 1998. Thomas Brothers Maps, 2004. Newport Le=s Chapter 6. Rejerent'es Draft EIR 6-2 November 2004 Chapter 7. Report Preparation 7.1 DRAFT EIR PREPARERS City of Newport Beach George Berger, Program Manager David Lepo, Project Manager Environmental Science Associates Wendy Lockwood, Regional Director Jessica Kirchner, Associate Jeremy Buck, Graphics Natasha Mapp, Administration Kimley -Horn & Associates Serine Ciandella, Project Manager Newport Le :us Chapter 7. Report Preparation Draft EIR 7- t November 2004 "Ihe Avis lot is approximately 3.0 acres and comsts of two one -story customer service bui:dings and a vehicle maintenance and repair building (see Figure 3), The remaining portion of the site consists of parking areas, storage areas for automobile parts and tires, and landscaping along the western property boumdvy, adjacent to Dove Street. Access to the property is also from Dove Street to the west. These uses would be replaced by the proposed Lexus dealership. The project site is surrounded by office uses to the north, east and west and a small comrnexial strip to the :south that runs along Bristol Road. The proposed project will require amendments to the General Plan, Zoning Ordinance, and a Conditional Use Permit (CUP). i ar.✓r a id Lepo, Project 4 'ter Flople- Ireland, Inc. for the City of Vewport Beach Da-e: NewFort Lexus IS -4- Daly 2004 SECTION 1.0 INITIAL STUDY CHECKLIST The following Environmental Checklist and discussion of potential environmental effects were completed in accordance with Section 15063(d)(3) of the CEQA Guidelines to determine if the project may have any significant effects on the environment. A brief explanation is provided for all determinations. A "No Impact" or "Less than Significant Impact" determination is made when the project would not have any impact or would not have a significant effect on the environment for that issue area based on a project- specific analysis. CEQA ENVIRONMENTAL CHECKLIST AND INITIAL STUDY 1. Project Title: 2. Lead Agency Name and Address: 3. Contact Person and Phone Number: 4. Project Location: 5. Project Sponsor's Name and Address: 6. General Plan Designation: Newport Lexus Dealership The City of Newport Beach David Lepo (949) 553 -1427 Northwest comer of MacArthur Boulevard and Jamboree Road Wilson Automotive Group 1400 North Tustin Orange, CA 92867 Administrative, Professional and Financial Commercial 7. Zoning: PC -I I Newport Place 8. Description of Project: The proposed project is to be located at the northwest comer of MacArthur Boulevard and Jamboree Road in the City of Newport Beach. The site is currently occupied by Platt College and an Avis Rent -a -Car storage lot (see Figures 2 and 3). The existing uses on the site would be demolished and replaced by a 30,000 square foot showroom and sales building and 100,000 square foot auto service building. The project also proposes a multi -story parking structure with 1,700 parking spaces for employee parking and storage of sales inventory. 9. Surrounding Land Uses and Setting: The site is located within the City of Newport Beach. The City of Irvine is located to the southeast of the project site. The project site is located approximately one mile to the south and east of John Wayne Orange County Airport. It consists of two parcels and is generally bounded by Jamboree Road on the south/southeast, MacArthur Boulevard on the east, Bowsprit to the north and Dove Street to the west. A parcel containing mostly commercial uses separates the project site from Bristol Street and the Route 73 Freeway to the southwest. Newport Lexus 1S -5- July 2004 The project area is surrounded largely by commercial and office uses. There is a small commercial strip located along Bristol Street that stretches from Jamboree Road to Dove Street. The office buildings surrounding the site vary from 1-2 stories to up to approximately 15 stories. The following land uses surrounded the site as of May 2004: • North — The site is bordered to the north by GPM Certified Public Accountants (3991 MacArthur Boulevard). • East — The site is bordered to the east by MacArthur Boulevard. Beyond MacArthur Boulevard are several hi -rise office buildings. • South — The site is bordered on the south by a shopping center whose occupants include the following: Conroy's Flowers, Liquor -Mart, Supercuts, Yuki's Sushi, Celebrity Cleaners, Planer Beauty, Pizza Hut. • West — The site is bordered on the west by Dove Street. Quail Street intersects Dove Street and continues to the northwest from the property boundary separating Park MacArthur and Avis location at 848 Dove Street. A mid -rise building containing the offices of John Laing Homes (895 Dove Street) is located to the west of the property on the south side of Quail Street and a two -story office building located at 901 Dove Street lies north of Quail Street. A Coco's Bakery and Restaurant (900 Bristol Street) is located to the southwest of the project site. 10. Other agencies whose approval is required: None Newport Lexus IS -6- July 2004 ENMONMENTAL FACTORS POTENMALLY AFFECTED: The environmental factors checked below would be potentially affected by this projec; involving at least one impact that is a "Potentially Sivtificaru Impact" or "Less than Significant vvith'.vlitigation Ineorporatioe' as indicated by the checklist on the following pages: ❑ Aesthetics ❑ Agriculture Resources ®Air Quality ❑ Biological Resources ❑ Cultural Resources ❑ Geology / Oils Hazards & Hazardous Materials ® Hydrology / Water Quality ❑ Land Use / Platming ❑ Mineral Resources ❑ Noise []Population I Housing ❑ Public Services ❑ Recreadou [K Storm Water tI Transportation / Traffic ❑ Utilities I Service Systems Z Mandatory Findings of Significance DET'EWNHNATION: (To be completed by lead agency) On the basis of this initial evaluation: ❑ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared ❑ I Std that although the proposed project could have a significant effect on the environment, there wiU not be a significant effect un this case because revisions in the project ba}e been trade by or agreed to by the project proponent A MITIGATED NEGATIVE DECLARATION tvi:1 be prepared C I and that the proposed project MAY have a significant erect on the environmen., and an ENVIRONMENTAL. LMPACTREPORT is required. �i I find that the proposed project MAY have a `potentially significant impact" or "potentially significant unless mitigated" impact on the cuvimnm&nt, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) tai been addressed by mitigation ttteasures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but It must analyze only the ei%cts that remain to be addressed. Ci I Bad that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in as 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 fartber is required. David. o, Date Prcject Manager Hogle - Ireland, Inc. for the City of Newport Beach Newport Lc= IS -9- hily 2004 Less Than Significant Potentialh With Less Than Significant Mitigation Significant Na Issues (and Supporting Information Sources): Impact Incorporation Intuact Impact I. AESTHETICS — Would the project: 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 or quality of the site and its surroundings? ❑ ® ❑ ❑ d) Create a new source of substantial light or glare that would adversely affect day or nighttime views in the area? ❑ ® ❑ ❑ II. AGRICULTURAL 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 farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non - agricultural use? ❑ ❑ ❑ b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? ❑ ❑ ❑ c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non - agricultural use? ❑ ❑ ❑ III. AIR QUALITY: Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air qualitly plan? ® ❑ ❑ ❑ b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? ® ❑ ❑ ❑ Newport Lexus IS -8- July 2004 Issues (and Supporting Information Sources): III. AIR QUALITY — (cont.): c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or State ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? IV. BIOLOGICAL RESOURCES —Would the project: 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 Game or U.S. Fish and Wildlife Service? Les, Than Significant Potentially With Less Than Significant Mitigation Significant Na Impact /nrnrporotion Impact Lmnoct ❑ ❑ ® ❑ ❑ ❑ ❑ ❑ ❑ 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 Game 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, 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? ❑ ]NEWS El 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 Conservation Community Plan, or other approved local, regional, or State habitat conservation plan? ❑ ❑ ❑ Newport LexusIS -9- July 2004 Issues (and Supporting Information Sources): VIII. HYDROLOGY AND WATER QUALITY — (cont.) b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table 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 substantial erosion or siltation on- or off -site? Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporation Imoact ZMact ❑ ❑ El 23 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 increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? ❑ Iald El Z ❑ ❑ e) 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? ❑ ® ❑ ❑ i) Result in temporary modifications to existing drainage patterns that may increase the flow rate of stormwater, violate water qualtiy discharge requirements, or result in substantial erosion on or off -site due to construction activities? ❑ ® ❑ ❑ g) Otherwise substantially degrade water quality? ® ❑ ❑ ❑ h) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? ❑ ❑ ❑ i) Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? ❑ ❑ ❑ ON j) 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? ❑ ❑ ❑ k) Inundation of seiche, tsunami, or mudflow? ❑ ❑ ❑ IX. LAND USE AND PLANNING — Would the project: a) Physically divide an established community? ❑ ❑ ® ❑ Newport Lexus IS -12- July 2004 f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? ❑ ❑ ❑ Newport Lexus IS -13- July 2004 Less Than Significant Potentially With Less Than Significant Mitigation Significant No Issues (and Supporting Information Sources): Impact incorporation Impact Im act IX. LAND USE AND PLANNING — (cont.) 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 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 plan or natural community conservation plan? ❑ ❑ ❑ IN X. MINERAL RESOURCES — Would the project: 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 on a local general plan, specific plan, or other land use plan? ❑ ❑ ❑ XI. NOISE — Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? ❑ ® ❑ ❑ b) Exposure of persons to or generation of excessive groundborne vibration or groundbome 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 due to construction activities above levels existing without the project? ❑ ® ❑ ❑ e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project 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 working in the project area to excessive noise levels? ❑ ❑ ❑ Newport Lexus IS -13- July 2004 XIII. PUBLIC SERVICES — a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? ❑ Les'S Than ® ❑ Police protection? ❑ Significant ® ❑ Schools? Potentiatb' With Less Than ❑ Parks? Significant Mitigation Significant No Issues (and Supporting Information Sources): Impact Incorparation Impact Imonct XIL POPULATION AND HOUSING — Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new 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? ❑ ❑ ❑ XIII. PUBLIC SERVICES — a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? ❑ ❑ ® ❑ Police protection? ❑ ❑ ® ❑ Schools? ❑ ❑ ® ❑ Parks? ❑ ❑ ® ❑ Other public facilities? ❑ ❑ ® ❑ XIV. RECREATION — 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 recreational facilities which might have an adverse physical effect on the environment? ❑ ❑ ® ❑ Newport Lexus IS -14- July 2004 c) A significantly environmentally harmful increase in erosion of the project site or surrounding areas? El Less Than ❑ ❑ d) Storm water discharges that would significantly impair Significant the beneficial uses of receiving waters or areas that Potentiallv With Less Than provide water quality benefits (e.g., riparian corridors, Significant Mitigation Significant No Issues (and Supporting Information Sources): Impact Lea. oration hMocf Initiact e) Harm to the biological integrity of drainage systems XV. STORM WATER — Would the proposed project result and water bodies? ❑ ® in: ❑ a) Storm water system discharges from areas for materials storage, vehicle or equipment fueling, vehicle or equipment maintenance (including washing), waste handling, hazardous materials handling or storage delivery or loading docks or other work area? ® ❑ ❑ ❑ b) A significantly environmental harmful increase in the flow rate or volume of storm water runoff? ❑ ❑ ® ❑ c) A significantly environmentally harmful increase in erosion of the project site or surrounding areas? El ® ❑ ❑ d) Storm water discharges that would significantly impair the beneficial uses of receiving waters or areas that provide water quality benefits (e.g., riparian corridors, wetlands, etc.) ❑ ® ❑ ❑ e) Harm to the biological integrity of drainage systems and water bodies? ❑ ® ❑ ❑ XVI. TRANSPORTATION / TRAFFIC — Would the project: a) Cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? ❑ ® ❑ ❑ b) Result in the temporary street or lane closures that would result in either a change of traffic patterns or capacity that is substatial in relation to the existing traffic load and capacity of the street system during construction activities (i.e. result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? ❑ ❑ ® ❑ c) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? ® ❑ ❑ ❑ d) 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? ❑ ❑ ❑ e) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? ❑ ❑ ❑ Newport Lexus IS -15- July 2004 Newport Lexus IS -16- July 2004 Less Than Significant Potentia!(ir With Less Than Significant Mitigation Significant Na Issues (and Supporting Information Sources): Iniyao Incorporation fact Impact XVI. TRANSPORTATION / TRAFFIC -- (cont.): f) Result in inadequate emergency access? ❑ ❑ ❑ g) Result in inadequate parking capacity resulting in an impact on traffic or circulation? ❑ ❑ ❑ h) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? ❑ ❑ ❑ XVII. UTILITIES AND SERVICE SYSTEMS — WouId the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? ❑ ® ❑ ❑ b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? ❑ ❑ ❑ c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? ❑ ❑ ® ❑ d) Have sufficient water supplies available to serve the project 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 sufficient permitted capacity to accommodate the project's solid waste disposal needs? ❑ ❑ ® ❑ g) Comply with federal, State, and local statutes and regulations related to solid waste? ❑ ® ❑ ❑ Newport Lexus IS -16- July 2004 Less Than Significant Potentialh' With Less Than Significant Mitigation Significant No Issues (and Supporting Information Sources): Impact IncorDoration Impact Impact XVIII. MANDATORY FINDINGS OF SIGNIFICANCE 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? ( "Cumulative 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? ❑ ❑ ® ❑ Newport LexusIS -17- July 2004 SECTION 2.0 DISCUSSION OF ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES 1. AESTHETICS: Would the project: 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? No Impact. The proposed project site is currently developed with office /commercial uses and an Avis Rent -a -Car storage lot. There are no scenic vistas or scenic highways near the site. Therefore, the project would not affect scenic vistas or scenic highways. c) Substantially degrade the existing visual character or quality of the site and its surroundings? Less than Significant Impact with Mitigation Incorporation. The proposed project could alter the visual character of the overall area. Platt College, currently located on the site, consists of three two - story buildings. The proposed project would add a parking structure of up to eight stories on the site. Although several buildings in the surrounding area are of comparable scale, this could be considered a significant impact depending on the design of the structure. Mitigation Measures M -1.1: The parking structure associated with the project shall be designed to be consistent with the surrounding area. The applicant shall submit design plans to the City of Newport Beach for review to ensure proposed design elements do not conflict with the overall visual character ofthe surrounding area. d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Less than Significant Impact with Mitigation Incorporation. The proposed facility would operate until 9 PM on weeknights. This would require nighttime lighting. The additional lighting that would be required would be designed to illuminate the appropriate areas only. Design of the project would take advantage of landscaping and on -site architectural massing to block light sources and reflection of artificial lighting off cars on the site. The City of Newport Beach Municipal Code does not contain any specific guidelines pertaining to light and glare impacts. Therefore, the following mitigation measure is necessary to ensure impacts due to light and glare are less than significant. Mitigation Measures M -1.2: The applicant shall submit a lighting plan to be reviewed by the City of Newport Beach. The lighting plan shall include design features to minimize impacts of light and glare on the surrounding area. Newport Lexus IS -18- July 2004 II. AGRICULTURAL RESOURCES: Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non - agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non - agricultural use? No Impact. The project site is currently developed with office /commercial uses and an Avis Rent -a- Car storage lot. There are no agricultural resources or operations. In addition, no Prime Farmland, Unique Farmland, or Farmland of Statewide Importance is located in the immediate vicinity of the project site. Therefore, no impacts to agricultural resources would occur. No mitigation measures are required. Ill. AIR QUALITY: Would the project: a) Conflict with or obstruct implementation of the applicable Air Quality Attainment Plan? Potentially Significant Impact. The site is located in the Orange County sub -area of the South Coast Air Basin (SCAB). The basin is designated as a non - attainment area for ozone (03), particulates (PMio), carbon monoxide (CO) and a "maintenance" area for oxides of nitrogen, which denotes that it had once been a non - attainment area for the pollutant. The South Coast Air Quality Management District (SCAQMD), the regional agency empowered to regulate stationary sources, maintains an extensive air quality monitoring network to measure criteria pollutant concentrations throughout the SCAB. The Federal Clean Air Act (FCAA) and the California Clean Air Act require improvement plans to be developed for areas designated as nonattainment (with the exception of areas designated as non - attainment for the State PM10 standard). The 2003 AQMP updates the attainment demonstration (the plan the designates how attainment will be met), the federal standards for ozone and particulate matter (PM10), replaces the 1997 attainment demonstration for the federal carbon monoxide (CO) standard, provides a basis for a maintenance plan for CO for the future, and updates the maintenance plan for the federal nitrogen dioxide (NO2) standard that the South Coast Air Basin (Basin) has met Since 1992. The project will involve the construction of an auto dealership consisting of a showroom, service center and parking structure. Construction and operation impacts may exceed thresholds of significance for certain pollutants set by the 2003 AQMP. The EIR for the project will further analyze this impact. b) Violate an air quality standard or contribute 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 non - attainment under an applicable federal or State ambient air quality standard (including emissions which exceed quantitative thresholds for ozone precursors)? Potentially Significant Impact. Project related construction traffic would have a temporary effect on air quality in the vicinity of the project. Construction traffic and diesel- powered equipment would emit nitrogen oxides, carbon monoxide, sulfur oxides, hydrocarbons, and particulates. These emissions would increase local concentrations temporarily and could contribute to an increase in the frequency of violations of air quality standards. Newport Lexus IS -19- July 2004 Stationary- source emissions (on -site) would be generated as a result of the combustion of natural gas to meet the heating needs of the proposed project. Stationary source emissions resulting from electrical energy demand would occur offsite at electrical power generating plants within the SCAB. Power plant emission factors assume continued availability and use of natural gas in power plants. Total operational emissions include mobile - source (e.g. automobile trip generation) and stationary- source emissions (e.g. smokestacks). Due to the proposed use of the project site (automobile dealership and service center) it is likely that the project will generate a significant amount of criteria pollutants. The EIR for the project will further analyze these impacts. d) Expose sensitive receptors to substantial pollutant concentrations? Less than Significant Impact. The project site is currently developed and is surrounded by commercial and office uses. No sensitive receptors such as residences or schools would be affected. e) Create objectionable odors affecting a substantial number of people? Less than Significant Impact with Mitigation Incorporation. Vehicle exhaust could create an objectionable odor in those portions of the site where automobiles idle. The following mitigation measure would reduce this impact to less than significant. Mitigation Measures M- 111.1: Design features of the project will provide for adequate ventilation in those areas in which vehicle exhaust would create a strong odor. The applicant shall submit design plans for approval by the City of Newport Beach which address building ventilation. 1V. BIOLOGICAL RESOURCES Would the project: 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 Game or U.S. Fish and Wildlife Service? No Impact. The proposed project site is located in a developed area of the City of Newport Beach. The proposed project site and surrounding area is developed or landscaped with non - native landscape and ornamental vegetation. Based on general knowledge of the biota of the area and an electronic database review of the Newport Beach quadrangle in the California Natural Diversity Database (CDFG 2004), 1 several sensitive species have historically been sighted in the general area of the project site. The site is located north of Upper Newport Bay which is considered a senstive habitat. However, the would not be affected by the proposed project because the Route 73 Freeway acts as a barrier between the project and the Bay. Based on the disturbed condition of the site (i.e. development) and the relative lack of suitable habitat, the potential for any known sensitive species on -site is considered low. The proposed project would, therefore, not have a substantial adverse effect on any species identified as a candidate, sensitive, or California Department of Fish and Game. Natural Diversity Database. accessed June 21, 2004. Newport Lexus IS -20- July 2004 special - status species in local or regional plans or by the California Department of Fish and Game or U.S. Fish and Wildlife Service. Impacts would be less than significant. No mitigation measures are required. 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 Game or U.S. Fish and Wildlife Service? Less than Significant Impact. No riparian habitats or sensitive natural communities are located at the project site. Upper Newport Bay is located to the south and west of the site and does contain riparian habitat. However, the habitat is located south of the Route 73 Freeway and would not be impacted by the proposed project. 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, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? Less than Significant Impact. No wetland habitat has been identified or is known to exist on the project site. Located to the south and west of the project site is Upper Newport Bay Biological Reserve. However, the wetlands are located south of the Route 73 Freeway and would not be impacted by the proposed project. d) Interfere substantially with the movement of any native resident or migratory fish or wildlife corridors, or impede the use of native wildlife nursery sites? No Impact. The area surrounding the site is developed with commercial and business uses. Wildlife corridors do not exist on or near the project site and would not be affected by project implementation. The project would not result in any disruption to wildlife movement or migration patterns. Newport Bay is located south of the project site; however, because the Route 73 Freeway acts as a barrier between the project site and Newport Bay, the project would not interfere with the movement of any native or migratory fish in the Bay. Impacts would be less than significant. No mitigation measures are required. 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 Conservation Community Plan, or other approved local, regional, or State habitat conservation plan? No Impact. The project site is developed with office and commercial uses and a rental car storage lot. The surrounding area is largely developed with commercial and business uses. The proposed project would not require the removal of any protected plant species, as none currently exist on the site. Further, there are no known sensitive biological resources in the area as discussed previously. Therefore, the proposed project would not conflict with any local policies or ordinances protecting biological resources or conflict with the provisions of any adopted habitat conservation plans. Impacts would be less than significant. No mitigation is required. V. CULTURAL Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? Newport Lexus IS -21- July 2004 No Impact. Generally, historically significant buildings are either more than 50 years old, and/or representative of a particular architectural style or time period in California history. The proposed project site is developed with office and business uses. The buildings currently on the site were constructed less than 50 years ago and do not represent a significant style or period in California history. Therefore, there would be no impact to historical resources. No mitigation measures are required. b) Cause a substantial adverse change in the significance of a unique 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 interred outside of formal cemeteries? Less than Significant Impact with Mitigation Incorporation. The proposed project site is located in an urbanized area and is currently developed with Platt College and a rental car storage lot. The National Register of Historic Places, California Historical Landmarks and the California Points of Historical Interest do not list any properties within a one -mile radius of the site. The project site does not contain any known historical, archaeological, or paleontological resources or unique geologic features. The proposed project area is entirely developed and there are no human remains known to exist at the proposed project site. Therefore, the proposed project is not anticipated to cause a substantial adverse change in the significance of any historical, archaeological, or paleontological resources or unique geologic features. The proposed project is not anticipated to disturb any human remains. However, in the event that such resources are inadvertently uncovered the following mitigation measures shall be implemented: Mitigation Measures M -V.1: In the event that an archaeological or paleontological resource is inadvertently uncovered, the project applicant shall be required to immediately cease all construction at the place of discovery and a qualified archaeologist and /or paleontologist retained to evaluate the find. If the archaeologiest or paleontologist determines that potentially significant paleontological or archaeological materials or human remains are encountered, the archaeologist and /or paleontologist must recover, retrieve and/or remove any paleontological or archaeological materials. The archaeologist shall provide a copy of documentation of all recovered date and materials found on -site to the regional information center of the California Archaeological Inventory for inclusion in the permanent archives and another copy shall accompany any recorded archaeological materials anddata. M -V.2: The applicant shall comply with the procedures required by NAHC as outlined in Section 50907.9 of the PRC and Section 7050 of the Health and Safety Code. In the event of discovery or recognition of any human remains during construction or excavation activities associated with the project, the implementing agency shall cease further excavation or disturbance of the site until the coroner has been informed. VI. GEOLOGY AND SOILS Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: Newport Lexus IS -22- July 2004 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? Less Than Significant Impact. The project site is located within the seismically active region of southern California. Primary ground rupture or fault rupture is defined as the surface displacement, which occurs along the surface of a fault during an earthquake. There are no active faults identified by the State, as delineated on the most recent Alquist -Priolo Earthquake Fault Zoning Map, on the project site.'' Due to their location within a region subject to strong seismic ground shaking, occupants of the proposed project would be exposed to seismic risks similar to those experienced by occupants at most other locations in the surrounding area. The proposed project would comply with all applicable building and safety requirements, which would reduce potential effects to less than significant levels. The proposed project itself would not cause a substantial increase in the number of people or structures exposed to seismic risks. No significant impacts would occur and no mitigation is required. iii) Seismic - related ground failure, including liquefaction? lv) Landslides? Less than Significant Impact. Liquefaction usually occurs in areas where groundwater is less than 30 to 50 feet from the surface. Seismically induced landslides and other slope failures are common occurrences during or directly after earthquakes. The project site is not located in an area prone to liquefaction or landslides.; Thus, the potential for liquefaction or for seismically induced landslides to affect the proposed project site is considered to be low. The proposed project would, therefore, not expose people or structures to potential substantial adverse effects due to liquefaction or seismically induced landslides. Impacts would be less than significant. No mitigation measures are required. b) Result in substantial soil erosion or the loss of topsoil? Less Than Significant Impact with Mitigation Incorporation. The proposed project would not significantly alter the existing topography within the project area. Currently, the project site is designed such that the area slopes somewhat along MacArthur Boulevard and Jamboree Road with berms along those sides of the project. However, the majority of the site contains flat impervious surfaces and the nature of the project is such that the final grading of the site would not differ significantly from the existing grade. Therefore, the proposed project is not anticipated to change stormwater run -off volumes or significantly affect drainage patterns. Operation of the proposed project is, therefore, not anticipated to result in substantial erosion or loss of topsoil. Soil erosion could result when the project site is excavated and cleared prior to construction. Exposed soils during grading and construction activities would be subject to wind and water erosion. Construction acitivites on I to 5 acres require permitting under the National Pollutant Discharge Elimination System ( NPDES), which regulates discharge to "navigable waters" of the United States. The requirements of NPDES are examined in Section VIII. Hydrology, Impact (a). Erosion and topsoil loss would be mitigated with the implementation of Best Management Practices (BMPs) under the Water Quality Management Plan (WQMP). Therefore, with the implementation of mitigation measure M -VI.1, impacts of erosion and loss of topsoil would be reduced to less than significant. 3 California Geologic Survey website, htto : / /www.consrv.ca.eov,CGShghm/ap /affected.htm, accessed June 22, 2004. r Ibid. Newport Lexus IS -23- July 2004 Mitigation Measures M -VL1: The applicant shall prepare and implement a Water Chiality Management Plan to be submitted to the City of Newport Beach as required for coverage under the Statewide National Pollutant Discharge Elimination System construction permit. At a minimum, specific measures shall include the following: • Plan excavation and grading activities to be conducted during the dry season to the extent possible. • If construction occurs during the rainy season, storm runoff from construction areas shall be regulated by standard Best Management Practices which may include temporary on -site silt traps or detention basins. Stockpiles of loose material shall be covered to prevent wind and water erosion and runoff diverted away from exposed soil. • After completion of grading, re- vegetation shall be initiated as soon as passible, as feasible. c) Be located on strata or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction, or collapse? d) Be located on expansive soil, as defined in Table 18 -1 -B of the Uniform Building Code, creating substantial risks to life or property? Less Than Significant Impact with Mitigation Incorporation. The underlying sediments at the project site have been mapped as Quaternary strafied sequence, and the soils are predominately sandy loam, gravelly -sandy loam, silt loam, clays, fine sandy loam, and fine sands.° Preliminary review indicates that the project is not located in an area prone to subsidence.5 The proposed project site is located in a relatively flat area and is not located within an area identified as having a potential for seismically induced landslides. The project site is not mapped within an area identified as having a potential for liquefaction.6 Lateral spreading generally occurs where soils are susceptible to liquefaction. Therefore, because the potential for liquefaction at the project site is low, the potential for lateral spreading would also be considered low. The proposed project is, therefore, not anticipated to be located on soil that is unstable or would become unstable due to landslide, lateral spreading, subsidence, liquefaction, or collapse and impacts would be less than significant; no mitigation measures would be required. Expansive soil is defined as soil that expands to a significant degree upon wetting and shrinks upon drying. Generally, expansive soils contain a high percentage of clay particles. The soils on site are predominately sandy loam, gravelly -sandy loam, silt loam, clays, fine sandy loam, and fine sands. Additional exploration borings will be performed in the locations of proposed buildings to provide detailed foundation design recommendations for the proposed project prior to construction. In the event that expansive soils are encountered, the proposed project would incorporate standard construction procedures and design features in compliance with general building and grading standards to ensure that expansive soils would not impact the proposed structures. With implementation of mitigation measure M -VI.2, the proposed project would be designed to be compatible with soil properties at the proposed project site, including expansive soils. Golder Associates, Final Phase I Environmental Site Assessment Park MacArthur, May 2004. Southern California Association of Govemments, Draft Regional Transportation Plan PEIR, 2004. California Geologic Survey website, htto: r /zrnw.consrv.ca.gov /shmn /html /v f mays so.html accessed June 22, 2004. Newport Lexus 1S -24- July 2004 Mitigation Measures M -VL2: Prior to construction of the proposed project, exploration borings shall be performed in the locations of the proposed buildings to provide detailed foundation design recommendations for the proposed new development. e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? No Impact. The proposed project would not involve the use of septic tanks to handle its wastewater generation. Therefore, no impacts are anticipated as this is not a relevant concern to the proposed project. No mitigation measures are required. VII. HAZARDS AND HAZARDOUS MATERIALS Would the project: 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 reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Less than Significant Impact. The project would generate an increase in the amount of automotive related hazardous materials used on the site due to its use as an auto dealership. These materials include antifreeze, waste oil and motor, transmission and gear oil. These materials are typically classified as low /routine hazards. The proposed project will likely include the installation of a 280 gallon anti -freeze storage tank, a 500 gallon waste coolant tank, a 750 gallon used oil storage tank, and a 480 gallon new oil storage tank. Potential hazards associated with these materials would be reduced through compliance with existing federal, State, and local rules and regulations. The Newport Beach Fire Department would oversee the design, installation, and operation of the underground and aboveground storage tanks in accordance with State and federal rules and regulations within its jurisdiction. The project applicant is required by the City of Newport Beach to file a Hazardous Materials Business Plan with the City Newport Beach Fire Department detailing all hazardous materials at the site, storage methods, and spill prevention plans. The project applicant shall also prepare and implement a Spill Prevention Control and Countermeasures (SPCC) Plan, as required by the State Water Resources Control Board. Compliance with federal, State, and local rules and regulations for hazardous materials - handling, and storage tanks would reduce the potential health and safety issues associated with the storage of hazardous materials to less than significant. c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? No Impact. The Newport Montessori School is the closest school to the project site within the City of Newport Beach. The school is located approximately one mile to the west of the project site. However, the project would not involve the use of hazardous materials, acutely hazardous materials, substances, or wastes in sufficient quantities to pose a potential hazard. As described above, the project would be required to comply with all federal, State and local rules and regulations for hazardous materials handling to ensure that no impacts would occur. No mitigation measures are required. Newport Lexus IS -25- July 2004 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? No Impact. The proposed project site is not listed as a site containing hazardous waste on any lists compiled pursuant to Section 65962.5 of the Government Code .7 The Phase I assessment for the project indicates that previous uses on the site were listed for environmental violations and handling or storage of hazardous materials or wastes. The current Avis Rent -a -Car facility at 848 Dove Street was listed on the HAZNET database. According to the Phase I report, tank bottom wastes generated at the Avis facility are currently disposed of with a recycler. Two facilities that had previously occupied the site, Beach Imports and Newport Nissan (both vacated in 1991) were listed on several environmental databases (UST, HIST) regarding past use of hazardous materials on the site. Since that time contaminated soils were excavated and treated.8 The proposed project would, therefore, not create a significant hazard to the public or the environment due to location on a hazardous materials site. No mitigation measures are required. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? No Impact. The project is located approximately one mile to the south and west of John Wayne - Orange County Airport and is located within the land use plan area for that airport. The site is currently developed with primarily office uses. Although the project is larger in terms of square footage, it provides for fewer employees overall. Implementation of the proposed project would not result in an increase in the number of people at the site on a daily basis. In addition, the proposed project is not located within an accident potential zone /clear zone as stated in the Airport Environs Land Use Plan.9 Further, the project will comply with the requirements of the Airport Land Use Commission for Orange County. Therefore, the project would not result in an safety hazard for people residing in the project area. No mitigation measures are required. 1) 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? No Impact. The project site is not located within the immediate vicinity of a private airstrip. Therefore, the proposed project would not result in a safety hazard for people residing or working in the project area or visiting the project site. No impacts are anticipated. No mitigation measures are required. g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? No Impact. The proposed project would not interfere with a current emergency response plan or an emergency evacuation plan for local, State or federal agencies. All emergency procedures would be implemented consistent with local, State, and federal guidelines during the construction and operation of the project. Therefore, no impacts are anticipated. No mitigation measures are required. r California Department of Toxic Substance Control, Hazardous Waste and Substances Site List (Cortese List), website htt o:// www .dtsc.cagov /databasefCalsites /Cortese List.cfm. accessed June 21, 2004 s Golder Associates, Final Phase I Environmental Site Assessment Park MacArthur, May 2004. 9 Airport Land Use Commission, Airport Environs Land Use Plan, November 16, 1995. Newport Lexus IS -26- July 2004 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? No Impact. The proposed project site and surrounding area are largely developed and no wildland fire hazard risk exists. On -site landscaping would be controlled through trimming and watering so as to reduce fire hazard impacts. Therefore, no impacts are expected. No mitigation measures are required. VIII. HYDROLOGY AND WATER QUALITY: Would the project: a) Violate any water quality standards or waste discharge requirements? Potentially Significant Impact. Stormwater and urban runoff is a significant source of water pollution that may result in declines in fisheries and other aquatic life, restrictions on recreational activities, losses to the annual tourism economy, and general impairment of the existing and potential beneficial uses of receiving waters. The proposed project would be required to comply with all applicable federal, State and regional regulations to protect water quality during construction as well as during the life of the project. As a project within the City of Newport Beach and whose site runoff discharges into the City's Municipal Separate Storm Sewer System (MS4), the proposed Lexus Dealership is subject to the water quality rules and regulations set forth by the City for stotmwater and non- stormwater discharges generated from the property. The project is anticipated to generate a number of general pollutants associated with its use as an automobile dealership. Typical pollutants from these facilities include heavy metals, oil and grease, organic compounds, and trash and debris. Other potential pollutants of concern are nutrients for commercial properties are pesticides, sediments and oxygen demanding substances. The proposed project is located within the vicinity of San Diego Creek and Upper Newport Bay, both considered impaired receiving water bodies. Currently, San Diego Creek is listed as impaired for pathogens and pesticides, while Upper Newport Bay is impaired by metal and pesticides.10 Stormwater runoff generated from the project site ultimately discharges into these surface waters. The discharge of pollutants from the property that would further impair San Diego Creek and Upper Newport Bay would need to be prevented. The Water Quality Management Plan (WQMP) for the proposed project will prevent the discharge of pollutants mentioned above into San Diego Creek and Upper Newport Bay. The EIR for the project will further analyze this impact. b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there should be a net deficit in aquifer volume or a lowering of the local groundwater table 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)? 10 Fuscoe Engineering, Newport Beach Lesus Dealership Preliminary Water Quality Management Plan, June 2004. Newport LexusIS -27- July 2004 No Impact. The project site is located in an urban area, and is currently developed with urbanized uses. The quantity of impervious surfaces associated with the proposed project would not increase above existing conditions. Therefore, the proposed project would not alter the existing contribution of the proposed project site to groundwater recharge. Excavation and grading of the site are also not expected to interfere with any known aquifers. Therefore, no impacts are anticipated and no mitigation measures are required. 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 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 increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? Less Than Significant Impact with Mitigation Incorporation. The project site is currently developed with surface parking and office /commercial uses. The proposed project includes the construction of an automobile showroom, auto service building and a 1,700 space parking structure. Changes would be made to the existing grade during construction, however the grade of the finished site would not differ significantly from the existing grade. As a result, operation of the proposed project is not anticipated to significantly alter the existing volume and drainage pattern of storm water at the project site and surrounding area. Operation of the proposed project would, therefore, not result in substantial erosion, siltation, or flooding, or substantially increase the rate or amount of surface runoff. As detailed in Section VI. Geology and Soils, (b), soil erosion could take place during excavation prior to construction. To minimize soil erosion during construction activities, the proposed project would be subject to a municipal NPDES permit for construction and the preparation of a WQMP. With the implementation of mitigation measure M -VI.1 of Section VI. Geology and Soils, impacts of erosion and loss of topsoil would be reduced to less than significant. e) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? Less Than Significant Impact with Mitigation Incorporation. The site is currently developed with Platt College (three, two -story buildings) and open air parking. Development of the Lexus Dealership would not substantially alter the existing grade. As a result, the volume and drainage patterns of stormwater runoff would remain similar to existing conditions. The proposed project would, therefore, not create runoff water which would exceed the capacity of existing stormwater drainage systems. As detailed in Section VI Geology and Soils (b), soil erosion could take place during excavation prior to construction. To minimize impacts of soil erosion during construction activities, the proposed project would comply with requirements of a municipal NPDES permit for construction through the preparation of a Water Quality Management Plan (WQMP). With the implementation of mitigation measure M -VI.1 of Section VI Geology and Soils, impacts associated with additional sources of polluted runoff would be reduced to less than significant. f) Result in temporary modifications to existing drainage patterns that may increase the flow rate of stormwater, violate water quality discharge requirements, or result in substantial erosion on or off -site due to construction activities? Newport Lexus IS -28- July 2004 Less than Significant Impact with Mitigation Incorporation. The proposed project would not exceed stormwater drainage systems capacity by causing temporary or permanent changes to existing drainage patterns and stormwater volumes. As detailed in Section VI Geology and Soils, the WQMP for the project will minimize soil erosion impacts due to construction and ensure that runoff from the site does not violate water quality discharge requirements. Implementation of M -VLI would reduce the impacts to drainage patterns to less than significant. g) Otherwise substantially degrade water quality? Potentially Significant Impact. The project site currently drains in a southerly direction toward Jamboree Road. Surface runoff then discharges off -site and ultimately drains to San Diego Creek/Upper Newport Bay through the City's MS4. Several options for incorporation of treatment control are being considered for the site to create a "treatment train" of BMPs. The EIR for the project will further analyze this impact and identify appropriate mitigation measures. h) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? i) Place housing within a 100 -year flood hazard area structures which would impede or redirect flood flows? j) 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? No Impact. The proposed project is not located in a flood zone according to the City of Newport Beach.l l The project site is also not located in the vicinity of a dam. The proposed project does not include housing. The proposed project will not impede or redirect flood flows, or expose people or structures to a significant risk due to flooding. Impacts are less than significant. No mitigation is required. k) Inundation of seiche, tsunami, or mudflow? No Impact. Development and operation of the Lexus Dealership would not subject people or structures to unusual inundation by seiche, tsunami, or mudflow. The Newport Beach General Plan indicates that the risk to the public from tsunamis is "extremely remote. 7712 No impacts are anticipated to occur. No mitigation measures are required. IX. LAND USE AND PLANNING: Would the project: a) Physically divide an established community? Less than Significant Impact. The project site is currently developed with office /commercial uses and open air parking and does not contain residential dwellings. In addition, the project would not introduce new roads or any above ground infrastructure that would divide the existing site. The impact of the proposed project would be less than significant. No mitigation measures are required. City of Newport Beach GIS Mapping Applications website htto: / /www6. city .newoort- beach.ca.us/website/nb info /viewer.htm accessed online June 21, 2004. 12 City of Newport Beach General Plan, Public Safety Element, March 10, 1975. Newport Lexus IS -29- July 2004 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 plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? Less than Significant Impact with Mitigation Incorporation. The project is not located in the coastal zone and thus would not conflict with any adopted coastal policies. The current zoning for the site is Administrative, Professional and Financial commerical. The proposed project will require amendments to the General Plan, Zoning Ordinance, and a Conditional Use Permit (CUP). Mitigation Measures M -IX.1: The applicant shall apply for a General Plan Amendment, Zoning Ordinance Amendment and a CUP from the City of Newport Beach. c) Conflict with any applicable habitat conservation plan or natural communities conservation plan? No Impact. The project site and surrounding area are developed with commerical and business uses. There are no known habitat or natural communities conservation plans for the project area. 13 Therefore, the proposed project would not conflict with any conservation plans. No impacts arc anticipated. No mitigation measures are required. X. MINERAL RESOURCES Would the project: 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 on a local general plan, specific plan, or other land use plan? No Impact. The proposed project site is located in a developed area. Further, there has not been, nor are there any known plans for any mining or mineral recovery projects at the project site or in the immediate vicinity of the project site. Therefore, the proposed project would not result in the loss of availability of a known mineral resource or locally - important mineral resource recovery site. No impacts are anticipated. No mitigation measures are required. XI. NOISE: Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standard of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? Southern California Association of Governments Draft Regional Transportation Plan 2004. Newport Lexus IS -30- July 2004 Less than Significant Impact with Mitigation Incorporation. The project site is not located in the vicinity of any sensitive receptors such as schools or residences. It is entirely surrounded by office and commercial uses. However, the following mitigation measures would be implemented to reduce potential noise impacts during construction activities: Mitigation Measures M -XI.1: During construction phases, the contractor shall ensure that all construction be per in accordance with the City of Newport Beach noise standards. No noise intensive construction or repair work shall be per between the hours of 9:00 PM and 7:00 AM on any weekday, or before 8:00 AM or after 6:00 PM on any Saturday or national holiday, or at any time on Sundays. During construction activities, the contruction manager and inspector shall serve as the contact persons in the event that noise levels become distruptive. A sign will be posted at the site with the contact phone numbers. c) A substantial permanent increase in ambient noise levels in the project vicinity above levels exisiting without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Less than Significant Impact with Mitigation Incorporation. The amount of noise generated due to operation of the project is not anticipated to be significantly above those levels currently experienced at the site. Increases in noise levels are anticipated to be associated primarily with construction activities, and thus would not generate a permanent increase in ambient noise levels. The temporary increases in noise levels that could occur would be mitigated with the implementation of M -XI.1. Some increases to noise levels could occur due to use of the project site as an automobile dealership and repair shop. The following mitigation measure would reduce the impact of noise to less than significant. Mitigation Measures M -XI.2: Design of the proposed project will incorporate measures to reduce noise associated with the project. These measures shall include noise barriers and setbacks as appropriate that will minimize operational noise impacts. The applicant shall submit designs to the City of Newport Beach for approval prior to construction of the project. The proposed project shall comply with Newport Beach municipal noise standards. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or a public use airport, would the project expose people residing or working in the project area to excessive noise levies? Less than Significant Impact. The project is located within the land use plan area for John Wayne Orange County Airport and is currently developed with office uses. The project site is located within a Noise Impact Zone "2" or Moderate Noise Impact (60 dB CNEL or greater, less than 65dB CNEL). Although residential uses would not be considered acceptable in this zone, the proposed commercial Newport Lexus IS -31- July 2004 use is "normally acceptable" pursuant to the Airport Environs Land Use Plan for the County of Orange. 14 This impact is considered less than significant. No mitigation measures are required. f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? No Impact. The project is not located within the vicinity of a private airstrip. Therefore, no impacts are anticipated. No mitigation measures are required. XIL POPULATION AND HOUSING Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? Less than Significant Impact. The project site is currently occupied with Platt College and a rental car storage facility. The proposed project would replace these uses with a Lexus Dealership which would employ approximately 250 persons. Although the proposed project is larger in terms of overall square footage, it would accommodate fewer people on the site on a daily basis due to its use as a car dealership rather than a college or office. In addition, the project would not include the construction of any homes or the extension of any infrastructure, and therefore, would not induce growth, either directly or indirectly, in the area. This impact is less than significant. No mitigation measures are required. 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? No Impact. No residential units would be removed in order to construct the proposed project. Therefore, the proposed project would not displace substantial numbers of existing housing or people, or necessitate the construction of replacement housing elsewhere. No impacts would occur. No mitigation measures are required. XIII. PUBLIC SERVICES Would the project: a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, In order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? 14 Airport Land Use Commission for Orange County, Airport Environs Land Use Plan, November 16, 1995. Newport Lexus IS -32- July 2004 Less than Significant Impact. The Newport Beach Police Department currently employs 148 officers to serve the residents and businesses in Newport Beach. Existing staffing levels of both police and fire protection services are sufficient to meet the potential needs of the proposed project. 15,16 Though the facility will require fire, police, park and other public services, the project is not expected to generate a need for new or physically altered governmental facilities. Current usage on the site includes three office buildings and an Avis rental car facility. Platt College has approximately 30 full time employees 17 the additional office space on the site is estimated to accommodate between 180 to 240 employees$ for a total of between 210 to 270 employees. The proposed project is estimated to employ approximately 250 people on site.19 Therefore, the proposed project would not create a significant increase in public service needs and would not require new or additional governmental facilities. Existing public services would be sufficient to serve the proposed project. The impact would be less than significant No mitigation measures are required. XIV. RECREATION 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 recreational facilities which might have an adverse physical effect on the environment? Less Than Significant Impact. The proposed project would generally serve the existing residents in the project area. Approximately 250 people would be employed at the project facility. Many of these prospective employees are likely to already reside in the Newport Beach area. Despite efforts to hire local employees, some people from outside the area may relocate due to new employment at the proposed project site. However, because the projected employment would not be greater than current employment at the site, the proposed project is not anticipated to increase the need for recreational facilities because employment at the dealership is not likely to result in population growth. The project would not require the construction or expansion of recreational facilities. Further, the project will comply with applicable requirements to pay park and other public facilities fees. The impact would be less than significant No additional mitigation measures are required. XV. STORM WATER: Would the project result in: a) Storm water system discharges from areas for materials storage, vehicle or equipment fueling, vehicle or equipment maintenance (including washing), waste handling, hazardous materials handling or storage delivery or loading docks or other work areas? Potentially Significant Impact. The proposed project is anticipated to generate a number of general pollutants associated with its usage as an auto dealership. These pollutants include heavy metals, oil and grease, organic compounds, and trash and debris. Other potential pollutants of concern are nutrients pesticides, sediments, and oxygen demanding substances. 20 Best Management Practices 15 Lieutenant Klein, Newport Beach Police Department. Letter to David Lepo forwarded to ESA, dated July 26, 2004. 16 Lockard, Dennis, Newport Beach Fire Marshal. Letter to David Lepo forwarded to ESA, dated July 27, 2004 n Bower, Mary, Platt College, personal communication July 29, 2004. 18 Based on Orange County Transportation Authority Model, job generation factors. 19 Information on job projection provided by Lexus. 20 Considered potential pollutants if landscaping or open areas exist on -site. Newport Lexus IS -33- July 2004 (BMPs) would be employed to prevent the discharge of pollutants from the property that would further impair San Diego Creek and Upper Newport Bay. The project Water Quality Management Plan (WQMP) for the proposed Lexus Dealership would adequately mitigate the general pollutants mentioned above, prior to storm water runoff discharging off -site. The EIR for the project will further analyze this impact and identify potential mitigation measures. b) A significantly environmental harmful increase in the flow rate or volume of storm water runoff? Less than Significant Impact. As stated in Section VI. Geology and Soils (b), because the finished grade of the project would not differ significantly from the existing grade of the project site, the proposed project is not anticipated to change stormwater runoff volumes or drainage patterns. Impacts would be less than significant. No mitigation measures are required. c) A significantly environmentally harmful increase in erosion of the project site or surrounding areas? Less than Significant Impact with Mitigation Incorporation. As detailed in Section VI. Geology and Soils, soil erosion could take place during excavation prior to construction. To minimize soil erosion during construction activities, the proposed project would comply with requirements of a municipal NPDES permit for construction through the preparation of a WQMP. With the implementation of mitigation measure M -VL1 of Section VI. Geology and Soils, impacts of erosion and loss of topsoil would be reduced to less than significant. The proposed project is, therefore, not anticipated to create a harmful increase in erosion on the project site or surrounding area, with implementation of mitigation measure M -VL1 of Section VI. Geology and Soils. As detailed in Section VII. Hydrology, the finished grade of the proposed project would differ only minimally from the grade at the existing site. Stormwater drainage patterns during operation of the proposed project are not anticipated to differ significantly from existing patterns. Operation of the proposed project would, therefore, not result in an environmentally harmful increase in erosion. d) Storm water discharges that would significantly impair the beneficial uses of receiving waters or areas that provide water quality benefits (e.g. riparian corridors, wetlands, etc.)? e) Harm to the biological integrity of drainage systems and water bodies? Less Than Significant Impact with Mitigation Incorporation. As stated in Section VIII. Hydrology impact (a), the proposed project would be required to comply with all applicable federal, State and regional regulations to protect water quality during construction as well as during the life of the project. These regulations protect the beneficial uses and biological integrity of receiving water bodies such as San Diego Creek and Upper Newport Bay. Compliance with these regulations would include the preparation of a WQMP to be submitted to the City of Newport Beach for coverage under the general statewide construction NPDES permit, detailed in mitigation measure M -VLI in Section VI. Geology and Soils. Implementation of mitigation measure M -VLI would ensure that stormwater from the proposed project site would not impair the beneficial uses of receiving waters or harm the biological integrity of drainage systems and water bodies. Implementation of mitigation measure M -VLI will reduce impacts to less than significant. Newport Lexus IS -34- July 2004 XVI. TRANSPORTATION /TRAFFIC: Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume -to- capacity ratio on roads, or congestion at intersections)? Less than Significant Impact with Mitigation Incorporation. The traffic generated by the project could increase the traffic to the roadway network near the project site in comparison to existing conditions. A traffic studv will be prepared for the project and will be included in the EIR. The EIR for the project will further analyze this issue and identify mitigation measures as necessary. b) Result in the temporary street or lane closures that would result in either a change of traffic patterns or capacity that is substantial in relation to the existing traffic load and capacity of the street system during construction activities (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? Less than Significant Impact. The proposed project is located on two parcels that total approximately eight acres. It is unlikely that construction of the project would require lane closures as there is adequate space for construction equipment on the site. However, it is possible that lane closures would be required on adjacent streets in order to stage construction equipment during the construction period. In this case, the applicant will comply with local regulations regarding adequate signage to provide information to drivers in and around the site. The impacts would be less than significant. No mitigation measures are required. c) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? Potentially Significant Impact. The amount of traffic generated by the project could have cumulatively significant impacts on the level of service at intersections in the vicinity of the project site. A traffic study will be prepared for the project and will be included in the EIR. d) Result in a chance in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? No Impact. As previously discussed in Section XH. Population and Housing, the project is not anticipated to induce population growth and would, therefore, not lead to increased air travel. Proposed structures will be consistent with height restrictions for the planning area for John Wayne Orange County Airport as set forth in the Airport Land Use Plan for Orange County, and would not require changes in air traffic patterns. Accordingly, no impact would occur and no mitigation measures would be required. e) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? No Impact. No significant changes to existing roadway alignments are expected as a result of project development. Changes to the configuration of the traffic diversion island in Bowsprit at MacArthur Boulevard may be required, and reconfiguration of traffic lanes on MacArthur and Jamboree may also Newport Lexus IS -35- July 2004 be required. All such improvements will comply with local and State roadway design standards. No design feature hazards will be created. No incompatible uses are contemplated. No impact would occur. No mitigation measures are required. f) Result in inadequate emergency access? g) Result in inadequate parking capacity? No Impact. The design of the project would provide adequate emergency access and adequate parking consistent with Newport Beach Municipal Code requirements. No impact would occur. No mitigation measures are required. h) Conflict with adopted polices supporting alternative transportation (e.g., bus turnouts, bicycle racks)? No Impact. Design of the project will comply with all State and federal requirements relating to public transportation. All policies supporting alternative transportation would be followed by the project. No impact would occur. No mitigation measures are required. XVII. UTILITIES AND SERVICE SYSTEMS Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? Less Than Significant Impact With Mitigation Incorporation. As stated in Section VIII. Hydrology (a), the proposed project would be required to comply with all applicable federal, State and regional regulations to protect water quality during construction as well as during the life of the project. Compliance with these regulations would include the preparation of a Water Quality Management Plan (WQMP) to be submitted to the City of Newport Beach consistent with the general statewide construction NPDES permit, detailed in mitigation measure M -VIA in Section VI. Geology and Soils. b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? No Impact. The proposed project site currently includes three 30,000- square foot (90,000 sq. ft. total) office buildings and an Avis rent -a-car storage facility and showroom. These uses are estimated to consume approximately 22,400 gallons per day (GPD) of water and generate approximately 19,500 GPD of wastewater .21 Implementation of the proposed project would result in the demolition of the existing buildings and construction of a 100,000 square foot service building and a 30,000 square foot showroom. The proposed project is estimated to consume approximately 6,000 GPD 22 of water and generate approximately 9,100 GPD of wastewater. 23 Wastewater generation would be higher than water consumption due to the need to wash cars on the site. Overall, there would be a net reduction of 16,000 GPD of water and 10,400 GPD of wastewater. The existing infrastructure at the site would be sufficient to serve the proposed project. No impacts are anticipated. No mitigation measures are necessary. 21 City of Los Angeles, Bureau of Sanitation, Generation Factors, 2001. zz Based information provided to ESA from Tustin Lexus. The Tustin Lexus dealership consumes approximately 3,850 GPD. 21 City of Los Angeles, Bureau of Sanitation, Generation Factors, 2001. Newport Lexus IS -36- July 2004 c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Less than Significant Impact. As discussed in Section VIII. Hazards (c), under the proposed project, the volume of storm water runoff from the proposed project site is not anticipated to change with implementation of the proposed project. As a result, the existing storm water drainage infrastructure surrounding the project site would be adequate to serve the proposed project. d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? No Impact. The proposed project site currently includes three 30,000- square foot office buildings (90,000 sq. ft. total) and an Avis rent -a -car storage facility (10,000 sq ft) and office (2,500 sq ft.). These uses are estimated to consume approximately 22,425 gallons per day (GPD) of water. 24 Usage data from an existing Lexus automobile dealership in the area, when adjusted for the difference in size between the existing and proposed dealership, indicates the project facility would consume approximately 6,000 GPD .25 This would be a net decrease in water consumed on site. The project would also require water for on -site car washing. Ionized water for this use will be transported by truck to the project facility. The existing water supply to the site will be sufficient to serve the proposed project.26 No impacts are anticipated. No mitigation measures are necessary. 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? No Impact. The proposed project site currently includes three 30,000 square foot office buildings (90,000 sq. ft. total) and an Avis rent -a -car storage facility and showroom. These uses are estimated to generate approximately 19,500 GPD of wastewater. 27 Currently, wastewater flows from the site to a 12 -inch sewer that extends under MacArthur Boulevard to the Orange County Sanitation District (OCSD) Main Street Pump Station 28 The sewerage from the project site would be treated at one of two OCSD area treatment plants which have a combined capacity of 293 million gallons daily (mgd)." To identify potential impacts to the proposed project area's water supply, water consumption factors for the proposed project were estimated based on water consumption being approximately 15% more than the wastewater generated .30 The proposed project would generate approximately 5,100 GPD of wastewater. 31 In addition to wastewater generated by other uses associated with the proposed facility, ionized water used for car washing may be discharged, after clarification, into the sanitary sewer. Based on the assumption that approximately 250 cars per day will be washed at the project dealership, an estimated 4,000 gallons of wastewater per day will be generated. Adding this figure to the wastewater generated elsewhere in the facility (5,100 GPD) results in total wastewater generation of 9,100 GPD. 24 Jbid 2s This assumes 1.2 million annual gallons, and operation of the facility 6 days per week. 26 Deutsche, Tim, Newport Beach Department of Public Works. Personal communication July 23, 2004. '-' City of Los Angeles, Bureau of Sanitation, Generation Factors, 2001. 2s Nazaroff, Adam, Orange County Sanitation District Personal communication July 28, 2004. zs City of Los Angeles, Bureau of Sanitation, Generation Factors, 2001.. E0 Generation factors based on City of Los Angeles, Bureau of Sanitation water /wastewater generation factors, 2001. 31 /bid Newport Lexus IS -37- July 2004 This represents a net decrease of 10,400 gallons of wastewater generation per day from that of current uses on the site. Because this is an overall decrease in the amount of water at the site, the existing infrastructure at the site would be sufficient to serve the proposed project. 32•33 No impacts are anticipated. No mitigation measures are necessary. f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? Less Than Significant Impact. The City of Newport Beach is served by six landfills: Arvin Sanitary Landfill in Kern County, Fontana Refuse Disposal Site in San Bernardino County, Frank R. Bowerman Sanitary Landfill, Olinda Alpha Sanitary Landfill, and Prima Deshecha Sanitary Landfill in Orange County and Simi Valley Landfill - Recycling Center in Ventura County. 34 Olinda Alpha is permitted to receive 8,000 tons per day and has a remaining capacity of 67 percent; Frank R. Bowerman Landfill in Orange County is permitted to receive 8,500 tons per day and has 77 percent of its capacity remaining. 35 Both of these landfills have sufficient remaining capacity to serve the project. Since two major landfills have adequate capacity to serve waste generated by the project, this impact is considered less than significant. The current usages on the site are estimated to generate approximately 80 annual tons of solid waste .36 The proposed project is estimated to generate approximately 103 tons of solid waste per year. 37 While this represents an incremental increase over current solid waste generation levels, area landfills have sufficient capacity to accommodate this increase. This impact is considered less than significant. No mitigation measures are required. g) Comply with federal, State, and local statutes and regulations related to solid waste? Less than Significant Impact with Mitigation Incorporation. According to current regulations, including the California Integrated Waste Management Board Model Ordinance, demolition and construction projects are required to participate in existing countywide programs and to implement site - specific source reduction, recycling, and reuse programs. The proposed project would be required to reduce the total estimated waste output (demolition material), through reuse and recycling, by 50 percent, in accordance with the Integrated Waste Management Act AB 939. With implementation of mitigation measure M -XVII I, the proposed project would meet requirements of AB939 and the project's impact on solid waste would be less than significant. Mitigation Measures M -XVII I: During demolition and construction, inert materials, such as soil, asphalt, concrete, and other recyclable materials, shall be recycled to the greatest extent practicable. 3' Davidson, Eldon, City of Newport Beach Utilities Department. Letter to Gloria Broming forwarded to ESA, dated July 19, 2004. 33 Nazaroff, Adam, Orange County Sanitation District Personal convnunication, July 28, 2004. 34 Jurisdiction profile for the City of Newport Beach bttp' /iwww ciwmb ca gov/Profiles/Juris /JurProftle2 asp ?RG= C &JURID= 340 &JUR = Newport+Beach accessed online July 27, 2004. 33 California Integrated Waste Management Board Facility Profiles http� / /www ciwmb ca aov/Profles,Facilitv/Landfill/ accessed online June 21, 2004. 36 County of Los Angeles Solid Waste Generation Factors, 2001. 37 ibid Newport LexusIS -38- July 2004 XVIII. MANDATORY FINDINGS OF SIGNIFICANCE 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? Less than Significant Impact with Mitigation Incorporation. The project site is located within an urbanized area surrounded by commercial and business uses. As discussed in Section IV. Biological Resources (a through d), vegetation on the project site includes ornamental trees, shrubs and grasses. There are no known rare or endangered animal or plant species at or surrounding the project site. Therefore implementation of the proposed project would not degrade the quality of the environment, substantially reduce the habitat of fish and wildlife species, cause fish or wildlife populations to drop below self - sustaining levels, threaten or eliminate a plant or animal community, or reduce the number or restrict the range of a rare or endangered plant or animal. As discussed in Section V. Cultural Resources (a through c), the project site does not contain any historical resources or any known archaeological, paleontological or unique geologic features. Any surficial archaeological or paleontological resources which may have existed at one time have likely been unearthed or disturbed. Although there is a possibility that archaeological or paleontological resources exist at deep levels below ground surface, the uncovering of such resources would be remote. Implementation of M -V.1 and M -V.2 would reduce the impacts to less than significant No historic resources are known to exist on the site. Therefore, implementation of the proposed project would not eliminate important examples of 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.) Potentially Significant Impact. The area surrounding the project site is largely urbanized. As such, an increase in the amount of traffic in the area due to the project could be cumulatively considerable. In addition, because the project is located in a non - attainment area for certain air pollutants, construction and operational impacts to air quality associated with the project could be cumulatively considerable. Both of these impact areas will be analyzed in the EIR for the project. c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Less than Significant Impact. Due to the proposed use of the project site as an automotive dealership /repair shop, implementation of the proposed project would result in the presence of hazardous materials used or stored on the site. However, as examined in Section VII. Hazards, the project would comply with all local, State and federal regulations regarding the use, transport, handling and disposal of these materials. Therefore, the project would not result in any significant environmental effects which could cause adverse effects on human beings. Newport Lexus IS -39- July 2004 SECTION 3.0 LIST OF MITIGATION MEASURES INCORPORATED INTO THE PROJECT AESTHETICS M -1.1: The parking structure associated with the project shall be designed to be consistent with the surrounding area The applicant shall submit design plans to the Citv of Newport Beach for review to ensure proposed design elements do not conflict with the overall visual character of the surrounding area. M -1.2: The applicant shall submit a lighting plan to be reviewed by the City of Newport Beach. The lighting plan shall include design features to minimize impacts of light and glare on the surrounding area. AIR QUALITY M- 111.1: Design features of the project will provide for adequate ventilation in those areas in which vehicle exhaust would create a strong odor. The applicant shall submit design plans for approval by the City of Newport Beach which address building ventilation. CULTURAL M -V.1: In the event that an archaeological or paleontological resource is inadvertently uncovered, the project applicant shall be required to immediately cease all construction at the place of discovery and a qualified archaeologist and /or paleontologist retained to evaluate the find. If the archaeologiest or paleontologist determines that potentially significant paleontological or archaeological materials or human remains are encountered, the archaeologist and /or paleontologist must recover, retrieve and/or remove any paleontological or archaeological materials. The archaeologist shall provide a copy of documentation of all recovered date and materials found on -site to the regional information center of the California Archaeological Inventory for inclusion in the permanent archives and another copy shall accompany any recorded archaeological materials and data. M -V.2: The applicant shall comply with the procedures required by NAHC as outlined in Section 50907.9 of the PRC and Section 7050 of the Health and Safety Code. In the event of discovery or recognition of any human remains during construction or excavation activities associated with the project, the implementing agency shall cease further excavation or disturbance of the site until the coroner has been informed. GEOLOGY AND SOILS M -VLI: The applicant shall prepare and implement a Water Quality Management Plan to be submitted to the City of Newport Beach as required for coverage under the Statewide National Pollutant Discharge Elimination System construction permit. At a minimum, specific measures shall include the following: Newport Lexus IS -40- July 2004 • Plon excavation and grading activities to be conducted during the dry season to the extent possible. • If construction occurs during the rainy season. storm runoff from construction areas shall be regulated by standard Best Management Practices which may include temporary on -site silt traps or detention basins. Stockpiles of loose material shall be covered to prevent wind and water erosion and runoff diverted away from exposed soil. • After completion of grading, re- vegetation shall be initiated as soon as possible, as feasible. M -VI.2: Prior to construction of the proposed project exploration borings shall be performed in the locations of the proposed buildings to provide detailed foundation design recommendations for the proposed new development. LAND USE AND PLANNING M -IX.1: The applicant shall apply for a General Plan Amendment, Zoning Ordinance Amendment and a CUP from the City of Newport Beach. NOISE M -XI.1: During construction phases, the contractor shall ensure that all construction be performed in accordance with the City of Newport Beach noise standards. No noise intensive construction or repair work shall be performed between the hours of 9:00 PM and 7:00 AM on any weekday, or before 8:00 AM or after 6:00 PM on any Saturday or national holiday, or at any time on Sundays. During construction activities, the contruction manager and inspector shall serve as the contact persons in the event that noise levels become distruptive. A sign will be posted at the site with the contactphone numbers. M -XI.2: Design of the proposed project will incorporate measures to reduce noise associated with the project. These measures shall include noise barriers and setbacks as appropriate that will minimize operational noise impacts. The applicant shall submit designs to the City of Newport Beach for approval prior to construction of the project. The proposed project shall comply with Newport Beach municipal noise standards. UTILITIES AND SERVICE SYSTEMS M- XVII.1: During demolition and construction, inert materials, such as soil, asphalt, concrete, and other recyclable materials, shall be recycled to the greatest extent practicable. Newport Lexus IS 41- July 2004 SECTION 4.0 REFERENCES Airport Land Use Commission, Airport Environs Land Use Plan, Nobember 16, 1995. Bower, Mary, Platt College, personal communication July 29, 2004. California Department of Fish and Game. Natural Diversity Database., accessed June 21, 2004. California Department of Toxic Substance Control, Hazardous Waste and Substances Site List (Cortese List), website http://www.dtsc.ca.govidatabase,,Calsites/Cortese List.cfm accessed June 21, 2004 California Geologic Survey website, http: / /www.consrv.ca.goN /CGS /rghm/ap /affected.html accessed June 22, 2004. California Geologic Survey website, httn:// emw.consrv.ca.eov,'shmp /html/pdf maps so.html accessed June 22, 2004. California Integrated Waste Management Board Facility Profiles, http:/h vww. ciwmb. ca .gov/Profiles/Facility /LandfilV accessed online June 21, 2004. California Intergrated Waste Management Board Jurisdiction profile for the City of Newport Beach http: / /www.ciwmb.ca. gov/Profiles/Juris /JurProfile2. asp ?RG= C &JURID= 340 &JUR = Newport+Beach accessed online July 27, 2004. City of Los Angeles, Bureau of Sanitation, Generation Factors, 2001. City of Newport Beach General Plan. March 1975. City of Newport Beach GIS Mapping Applications website http : / /www6. city .newport- beach.ca.us /website /nb info /viewer.htm accessed online June 21, 2004. County of Los Angeles, Solid Waste Generation Factors, 2001. Davidson, Eldon, City of Newport Beach Utilities Department. Letter to Gloria Broming forwarded to ESA, dated July 19, 2004. Fuscoe Engineering, Newport Beach Lexus Dealership Preliminary Water Quality Management Plan, June 2, 2004. Golder Associates, Final Phase I Environmental Site Assessment Park MacArthur, May 2004. Lieutenant Klein, Newport Beach Police Department. Letter to David Lepo forwarded to ESA, dated July 26, 2004. Lockard, Dennis, Newport Beach Fire Marshal. Letter to David Lepo forwarded to ESA, dated July 27, 2004 Nazaroff, Adam, Orange County Sanitation District. Personal communication July 28, 2004 Southern California Association of Governments, Draft Regional Transportation Plan PEIR, 2004. Newport Lexus IS -42- July 2004 SECTION 5.0 LIST OF PREPARERS AND CONTRIBUTORS LEAD AGENCY City of Newport Beach 3300 Newport Blvd. P.O. Box 1768 Newport Beach, CA 92658 -8915 George Berger, Project Manager David Lepo, Program Manager CONSULTANT — AUTHOR Environmental Science Associates 4221 Wilshire Boulevard, Suite 480 Los Angeles, CA 90010 Wendy Lockwood, Regional Director Deanna Hanson, Director Roger Jinks, Senior Graphics Jessica Kirchner, Associate Natasha Mapp, Administration Newport Lexus IS -43- July 2004 August 20, 2004 Commun ty Develoornoru Duparunent www. ry.n inC ci.Us C:t;y of Irvine. One Civic Center Plaza. P.C. 6ox 19575 Pvme, Cat,{nrn+n 9'!6 ?3 -9fli!, ,SLt9) 774 -6000 David Lepo, Project Manager Ho,gle- Ireland, Inc. 42 Corporate Palk, Suite 250 Irvine, CA 92606 Subject: Notice of Preparation and Initial Study of a Draft EIR — Lexus Dealership Dear Mr. Lepo: The City of Irvine has received and reviewed the information on the above referenced project. The Community Development Department has consulted with the Public Works Department for possible commems oa transpoAation issa Based on their rcvic% Transportation Senno:s suii has the following comments: COMMENT I City staff has previously met with the City of Newport Beach's traffic consultant and discussed the proposed traffic study area and methodology. City of Irvine methodology and performance criteria shall be applied along arterials and intersections with the City of Irvine. Provided that it is consistent with our discussions, the City of Irvine has no additional comments relating to the traffic study area COMMENT 2 Project impacts and mitigation within the City of Irvine shall be identified and discussed in the traffic study and EIR. If project mitigation is required at locations within or affecting the City of Irvine, we would like the opportunity to review all preliminary design and engineering plans. If impacts are identified due to this project, we anticipate that they will likely be. at the intersection of Jamboree Road & MacArthur Boulevard or along Jamboree Road- CC,hOAF We look forward to the review of the project traffic study and ER PRiNiFn ON RECYCLED PA°ER Mr. David Lepo August 20, 2004 Page 2 Thank you for the opportunity to review the project. We would appreciate information on any change in the project description as the planning process proceeds. if you have any questions, pltmse contact me at (949) 724 -6546 or aurcisr4ci.irvine.ca.us T iCIS Associate Planner cc: Bar y Curtis, Principal Planner Kerwin Lau, Senior Transportation Analyst File UWAR13MO NT OF;TRAXMRTA.TIQN District 12 f 3337Mmhd%XIDcivc,suir6 360 TeL (949) 27242267 � .. Fmc (949) 724 -2592 Augcst 31,2W. htr. David Lepo File; ICrR City of Newp Btub SCH#: 2 3300 Newport oulev6d Log#: 1. P.013ox 1768 1 ' SR*- 73 Newport aeach,NV Cahbn& 92658 -8915 Subimt: Newpiirt Le, Cus Dealership Dear Mr. Lepo,' Thar kk you for the oppiorhmity to review and comment on the Notice of Frepar Lem Dealenlf p Draft EeviroameWd 7mpa n Report.. The project appfia Group proposes to d�vdop a 30,000 square foot dealership sbowroam, a 10 service building, a rairlti story parting stnncMm Oat would atxarmtnudate t employm pautcmg autd storage of sales kventM, Mm project site is located e mWdUtlnu Dogkvarcj and 848and BSS Dove Street in tba City of Newport nearest State R&te tti the project site is State Route 73. Caltrans Diu 612 60m is a rmWwing agency on this project and has the! 1. A. Traffic Iruipad Analysis must be submitted to Cabmm for review and eon 2, lit the eveat of an activity in Cahram' ri&h ur- -way, an encroachmeac Appficanis at required to plan RW stadent permit procesft tints, which studies mud pnvaabmnetual doaumemariou please continue to keep us informed of this project and any fithue detn po��Y �pt� the an ihcilities. If you have any 9uesdom or a+ do na hesitate to callIMatystn Molavi at (949) 714 -2267. 5 *erely, F. V BgffmWdfflCWW the New pert m Automotive me #bot auto 00 spaces for 931, and 3961 aldbrnia, The wryl be required. ohtde engineering which could as me, please c: Tory t nlxrts Offoi ofM&wing sad l w=nh Terri Pammc, Cab =9 HQ KRUCommumily Pbmft Imae AlorsdR9ce.tTra>sa Operations North Prtrvee>t Gupta, S+roameattal t?larming A It� t e V BgffmWdfflCWW the New pert m Automotive me #bot auto 00 spaces for 931, and 3961 aldbrnia, The wryl be required. ohtde engineering which could as me, please August 31, 2004 AIRPORT LAND USE COMMISSION FOR ORANGE COUNTY 3160 Airway Avende • Costa Mesa, California 92626 - 949.25Z5170 fax: 949252.6012 Mr. David Lepo, Project Manager Hoglc-Ireland, Inc. 42 Corporate Park, Suite 280 Irvine, CA 92606 Subject: NOP -DEIR for Newport Lexus Dealership Dr= Mr. Lepo: On behalf of the Airport rand Use Camn issioa (ALUC) for Orange Couaty, we have reviewed the Deft Environnaeatal Impact Report (DEIR) Notice Of Prnp=don (NOP) for the Newport I,= 1>,'.alership and wish to offer the following eommenta/coarectioas.. The project site is locatedvw thin two planning areas described and depicied in the Airport Land Use C,mm issices Airport.4wirons Land Use Plan (AELUP) for Jour Wayne Airport (JWA), specifically being within the AEL UP Noise Impact Zone and the Height Restriction Zone. The project description includes a multistory parking structure of as-yet unspecified height, as well as an auto dealer showroom W service canter within amtreaof X A- mandated physical height restrictions ofpartiedrlar.cogeetato t11e AI UC. Initial 9tpdy SectioO VII & Xi "Hazards And Havwrrlrne 1Vlaterlal9" t� °il�lnlSe" respectively, III each Coaespondurg "Paragraph e)" states assurance of project compliance with the ALI,ICs A44V? for JWA. Howevbr, your accompanying Footnotes 9 & 14 botbreferel}ca.an earlier AELUP that has been supet� by the'putrent AELUP, last amended on Deoe¢nber 19, 2002. • Following an@lygis bfthe roject by FAA under the FAR Part 77 procedure, a betamdnation of Consistency or Inconsistency with the JWAAELUP would need to be made by the ALUO. Please note that C4Wbmia Public Reso=9'St&k Section 2-1096(a) requires that lead agencies prapating an EIR for & I�pJSe4K i+ >t an ALUC's airport planning. ar=s.(i:e i4 L UP zone) utilize the Caltnina/Division of fieronai;f[W •ColitorniaAirporr Laid ?Jse Planning- Non400k as a technical mcuroe for the CEQA document, The Handbook is available on -line stt1w Calmin&00A website which is: www.dotca.gov under Land Use Planning.... _ Thank you for this opportunity to comment on ibis project in the environs of J4VA. If you have any questions, please contact me at (949) 252-5170prigolding@ucair.com. cr.: City of Newport Beach Planning Department Air Quality Worksheet ESTIMATED EMISSIONS FROM DEMOLITION Construction Imports Inputs 0.19 Assumptions Used in EMFAC2002 Total days Allowed for Project Total pays Allowed for Demolition (Days) Total Site Acres (Acres) Total Cubic Vards for Demolition Number of Employees Average Trip Length One Way POV (Miles) Total Work Hours Per Day (Hours7Dav) Total Number of Demo Haul Trucks Daily Number of Demo [foul Trucks Average Trip Length One Way Demo Haul Trucks (Miles) Total VMT Water Trucks per day (Miles) 66.00% 760.00 Daily VMT LDA & LOT .902.000 . JDaily vm,r Haul Track 979.1666667 0.01 40.00 8.00 0400 Is 30 8 783 '_0 25 '_ Total Number of Each Equi 4 of equipment 0 0 Hours per Day 0 0 Days in Operation 0 0 Miles Per Hour scraper forklift diesel diesel mcnt used for Construction 0 1 0 0 R 1) 0 30 0 compactor crane welder diesel diesel diesel 0 0 0 pipe- jacker diesel 4 of equipment I 1 Hours per Day 8 6 Days in Operation 20 40 Miles Per Hour I I loaders dozer diesel diesel 0 U U truck diesel 1 6 20 I backhoe diesel 0 0 0 dump track diesel 0 0 0 excavator diesel Monoxide (CO) Organic Compounds (ROC) i Oxides (NOx) ales (PM 10) ource: EMFAC2001 LDA LDT NDD GramsiMile Grams /Mile Gana /Mile 3,02 3.6 2.9 0.19 Assumptions Used in EMFAC2002 o/n LDA o /aLDT Season 66.00% 0.3 Daily VMT LDA & LOT .902.000 . JDaily vm,r Haul Track 979.1666667 0.01 34.00% summer Monoxide (CO) Organic Compounds (ROC) i Oxides (NOx) ales (PM 10) ource: EMFAC2001 LDA LDT NDD GramsiMile Grams /Mile Gana /Mile 3,02 3.6 2.9 0.19 02 0.65 0.25 0.3 15.97 0.01 0,01 0.26 Vehicle Exhaust Emissions from POV, Construction Construction Workers POV Emissions EMFAC Fmissions Factor. E,t Emission. Grams,'Milc Ibs dar Monoxide (CO) Organic Compounds (ROQ i Oxides (NO\ 1 ates (Pb110) Source: Emission Factors From EMFAC2002 i Monoxide (CO) ie Organic Compounds (ROC) m Oxides (NOS) Oxides(SOx) Source: EMFAC2002 Monoxide (CO) Organic Compounds (ROC) r Oxides (NOx) ales (PM 10) 3,2172 0 . 0 0.01 .01 0.02 02 Haul Truck Emissions EMFAC Emissions Factor. Grams/Mile 9 0.65 5.97 0.26 Construction Eql scraper forklift 500 hp diesel 175 hp diesel Ibs/hour Ibsthour 0.62 0.24 0.24 0.13 4.82 2.24 0.10 0.05 Est. Emissi !bs'da., 140 T4 44 0.56 Iment Emissions compactor crane 50 hp diesel 175 hp diesel IbAour Ibs/hour 0.05 0.22 0.03 0.11 0.49 2.01 0.01 0.05 welder pipe- jacker 50 hp diesel 175 hp diesel Ibs%our Ibs/hour 0.55 0.11 0.1 0.2 0.9 1.85 0.05 0.05 Source: ARB Emission Inventory Publication Number M099_32.3 Table 13 released: 2000 Source: ARB Inventory Publication M099_32.5.App. B released: 2000 Total Fmissions Total Emissions loaders dozer truck backhoe dump truck excavator 175 lip diesel 120 hp diesel 175 hp diesel 120 hp diesel 500 hp diesel 120 hp diesel lWhour Ibs/hour Ibs/hour Ibs/hour Ibs/hour lbs/hour Carbon Monoxide (CO) 013 0.36 012 0.11 0.66 0.08 Reactive Organic Compounds (ROC) 0.12 0.19 0.12 0.06 025 0.15 Nitrogen Oxides (NOx) 2.07 3.27 2.02 1.01 5.16 1.39 Particulates(PMI0) 0.05 0.08 0.05 0.02 0.1 0.03 Source: ARB Emission Inventory Publication Number M099_32.3 Table 13 released: 2000 Source: ARB Inventory Publication M099_32.5.App. B released: 2000 Total Fmissions Total Emissions loader, I cubic yard = 2550 pounds. ** Bulldozing Overburden Equation Table 11.9 -1 AP -42 Assume 15% silt content, 7.9 % soil moisture content * ** Cut and Fill Operations with 15 Cubic Meter Pan Scraper Equation SCAQMD CEQA Air Quality Handbook, Table A9 -9 * * ** Aggragate Batch Drop Equation AP42, 13.2.4 -3 (1) Assume mean wind speed - 1.6475 mph, 7.9 0,0 soil moisture content & 135 cubic yard, per hour per backhoe, I cubic yard = 2550 pound,. * * * ** Aggragate Batch Drop Equation AP -42, 13.2.4 -3 (1) Assume mean wind speed = 1.6475 mph, 7.9% soil moisture content & 135 cubic yards per hour per Trencher, I cubic yard = 2550 pounds. * * * * ** Demolition emissions factor, Table .A9 -9 SCAQMD CEQA Air Quality Handbook, 1993. Source: Table 11.9 -1 EPA AP -42 *Source: ARB Recommended Total Air Emissions from Construction Including POV, Fugitive Dust, and Total PM 10 Fugitive Dust Emissions from construction SCAQMD Unmli ag ted Mitigation Est. Emissions Air Pollutant Emission Factor Emissions Efficiency Est. Emission, (lbs /day) Significant? Carbon Monoxide (CO) b, /da Particulates (PM 10) Loaders* 0.000035 lb/ton 0.09996 lb/day 50% 4.25 0.0 Particulates (PM 10) Bulldozer ** 2.4 lb/hr 14.4 lb/day 50% 10000 7 Particulates(PM10) Scraper * ** 4.3 lb!vmt 0 lb/day 50% NO 0 Particulates(PMl(n Backhoe * * ** 0.000035 Ib /ton 0 lb/day 50% 0.0 Particulates (PM 10) Trencher * * * ** 0.00(1035 lb /ton 0 lb/day 50 "0 0.0 Particulates(PM10) demolition * * * * ** 0.00042 lb/ft' 2.6649 lb/day 500N 1.3 Particulates (PM 10) POV & Haul Truck 0.42 gm/mile 1.74 Total Particulates 10 * Aggregate Batch Drop Equation AP -42, 13.2.4 -3 (1) Assume mean wind speed = 1.6475 mph, 7.9 00 soil moisture content & 280 cubic yards per hour per loader, I cubic yard = 2550 pounds. ** Bulldozing Overburden Equation Table 11.9 -1 AP -42 Assume 15% silt content, 7.9 % soil moisture content * ** Cut and Fill Operations with 15 Cubic Meter Pan Scraper Equation SCAQMD CEQA Air Quality Handbook, Table A9 -9 * * ** Aggragate Batch Drop Equation AP42, 13.2.4 -3 (1) Assume mean wind speed - 1.6475 mph, 7.9 0,0 soil moisture content & 135 cubic yard, per hour per backhoe, I cubic yard = 2550 pound,. * * * ** Aggragate Batch Drop Equation AP -42, 13.2.4 -3 (1) Assume mean wind speed = 1.6475 mph, 7.9% soil moisture content & 135 cubic yards per hour per Trencher, I cubic yard = 2550 pounds. * * * * ** Demolition emissions factor, Table .A9 -9 SCAQMD CEQA Air Quality Handbook, 1993. Source: Table 11.9 -1 EPA AP -42 *Source: ARB Recommended Total Air Emissions from Construction Including POV, Fugitive Dust, and SCAQMD Est. Emissions Thresholds Air Pullman (lbsday) (lbs /day) Significant? Carbon Monoxide (CO) 17.18. 550.00 NO Reactive Organic Compounds (ROC) 4.25 75.00 NO Nitrogen Oxides ",O%) 7796 10000 NO Particulates (PM 10) 11.94' 150.00 NO Source: EMFAC7G and SCAQMD CEQA Air Quality Handbook ESTIMATED EMISSIONS FROM EXCAVATION Total days Allowed for Project Total Days Allowed for Demolition (Days) Total Site Acres (Acres) Total Cubic Vards for Demolition Number of Employees Average Trip Length One Way PO\' (Miles) Total Work Hours Per Day (Hours/Day) Total Number of Demo Haul Trucks Daily Number of Demo Haul Trucks Average Trip Length One Way Demo Haul Trucks (Miles) 'Total VMT Water Trucks per day (Miles) 0.19 360.00 %LDA %LDT Season 66.00% 40.00 8.00 10000 50 30 8 833 21 25 1 Total Number of Each Egui went used for Construction 9 of equipment 1 0 1 0 0 Hours per Day 6 0 6 0 0 Days in Operation 20 0 20 0 0 Miles Per Hour 1 I scraper forklift compactor crane welder diesel diesel diesel diesel diesel 0 0 0 pipe- jacker diesel # of equipment 2 Hours per Day 8 Days in Operation 15 Miles Per Hour I loaders diesel 1 6 40 1 I dozer diesel 0 0 0 truck diesel 0 0 0 backhoe diesel 0 0 0 I dumptruck diesel 1 6 20 1 excavator diesel Monoxide (CO) e Organic Compounds (ROC) n Oxides (NOx) ates (PM 10) {ounce: EMFAC2002 LDA LDT HDD Grams,Mile Grams/Mile GmmsAlile 3.02 3.6 2.9 0.19 Assumptions Used in EMFAC2002 %LDA %LDT Season 66.00% 0.3 Daily VMT LOA &LOT .:3001.000 Daily VMT Haul Truck 1411.666667 0.01 34.00% summer Monoxide (CO) e Organic Compounds (ROC) n Oxides (NOx) ates (PM 10) {ounce: EMFAC2002 LDA LDT HDD Grams,Mile Grams/Mile GmmsAlile 3.02 3.6 2.9 0.19 0.2 0.65 0.25 0.3 15.97 0.01 0.0i 0.26 Vehicle Exhaust Emissions from POV, Construction Construction Workers POV Emissions Haul Truck Emissions dozer EMFAC EMFAC dump truck Emissions Emissions compactor Factor. Est. Emission. Est Emission Grams Atile Ihs das Carbon Monoxide (CO) Carbon Monoxide (CO) 3.2172 6.65 21.27 Reactive Organic Compounds (ROC) 1.49 0.1934 15.97 1.28 Nitrogen Oxides (NOx) xlA 0.267 Particulates(PM10) 1.76 Particulates (PM 10) 0.62 0.01 0.05 0.07 Source: Emission Factors From EMFAC200' Source: EMFAC2002 Haul Truck Emissions dozer truck EMFAC dump truck scraper Emissions compactor crane Factor. Est Emission Total Grams/Mile Ib -+ilay Carbon Monoxide (CO) 2.9 6.65 Reactive Organic Compounds (ROC) 0.6s 1.49 Nitrogen Oxides (NOx) 15.97 76.64 Sulfur Oxides (SOx) xlA 0 Particulates(PM10) 0.26 0.60 Source: EMFAC2002 Source: ARB Emission Inventory Publication Number M099_32.3 Table 13 released: 2000 Construction Equipment Emissions dozer truck backhoe dump truck scraper forklift compactor crane welder pipe- jacker Total 500 hp diesel 500 hp diesel 175 hp diesel 50 hp diesel 175 hp diesel 50 hp diesel 175 hp diesel Emissions {bsfnour lbsrhour lWhour Ibsthour lbs/hour Ibsmour Ibsmour Ibslday Carbon Monoxide (CO) 0.62 0.24 0.05 0.22 0.55 0.11 0.06 Reactive Organic Compounds (ROC) 0.24 0.13 0.03 0.11 0.1 0.2 '•r'� ,$S ;, Nitrogen Oxides (NOx) 4.82 2 24 0.49 2.01 0.9 1.85 x {$;g 4!: Particulates (PM 10) 0.10 0.05 0.01 0.05 0.05 0.05 74'.•0301- Source: ARB Emission Inventory Publication Number M099_32.3 Table 13 released: 2000 loaders dozer truck backhoe dump truck excavator Total 175 hp diesel 120 hp diesel 175 hp diesel 120 hp diesel 500 hp diesel 120 hp diesel Emissions lbs{hour Ibshiour tbs/hour Ibsmour {bsfnour Ibs)hour uo>oa Carbon Monoxide (CO) 0.23 0.36 0.22 0.11 0.66 0108 li %: 3:'8.' Reactive Organic Compounds (ROC) 0.12 0.19 0.12 0.06 0.25 0.15 :yr,?•• :� Nitrogen Oxides (NOx) 2107 3.27 2.02 1101 5.16 1.39 . .? Particulates (PM 10) 0.05 0.08 0.05 0.02 0.1 0.03.9f;:` Source: ARB Emission Inventory Publication Number M099_32.3 Table 13 released: 2000 Source: ARB Inventory Publication M099_32.5 App. B released: 2000 • Aggragate Batch Drop Equation AP -42, 13.2.4 -3 (1) Assume mean wind speed = 1.6475 mph, 7.9 1/o soil moisture content & 280 cubic yards per hour per loader, I cubic yard = 2550 pounds Bulldozing Overburden Equation Table 11.9 -1 AP -42 Assume I5 0/o silt content, 7.9 % soil moisture content Cut and Fill Operations with 15 Cubic Meter Pan Scraper Equation SCAQMD CEQA Air Quality Handbook, Table A9 -9 " " "' Aggmgate Batch Drop Equation AP-42, 1324 -3 (1) Assume mean wind speed = 1.6475 mph, 7.9°% soil moisture content & 135 cubic yards per hour per backhoe, 1 cubic yard= 2550 pounds. " " "' Aggragate Batch Drop Equation AP -42, 13.2.4 -3 (1) Assume mean wind speed = 1.6475 mph. 7.9:46 soil moisture content & 135 cubic yards per hour per Trencher, 1 cubic yard = 2550 pounds. Source: Table 11,9 -1 EPA AP-42 "Source: ARB Recommended Total Air Emissions from Construction Including POV, Fugitive Dust, and Total Pn410 Fugitive Dust Emissions from construction SCAQMD Unmitigated Mitigation Et. Emissions Air Pollutant Emission Facto Emission s Efficiency Est. Emission (lbs/day) Significant? Carbon Monoxide (CO) bs /da Particulates (PM 10) Loaders" 0.000035 lb/ton 0.19992 lb/day 5090 0.1 Particulates(PMIO) Bulldozer " 2.4 lb/hr 14.4 lb/day 50% 7 Particulates (PMI O) Scraper "'" 43 Ib /vmt 25.8 )b)day 5096 129 Particulates (I'M 10) Backhoe "• "' 0.000035 lb/ton 0 lb/day 50% 0.0 Parti culates (P M 10) Trencher• "' "" 0.000035 lbfon 0.03612 1b)day 50% 0.0 Particulates (PM 10) POV & Haul Truck 0.42 gm/mile 3.74 Total Particulates 24 • Aggragate Batch Drop Equation AP -42, 13.2.4 -3 (1) Assume mean wind speed = 1.6475 mph, 7.9 1/o soil moisture content & 280 cubic yards per hour per loader, I cubic yard = 2550 pounds Bulldozing Overburden Equation Table 11.9 -1 AP -42 Assume I5 0/o silt content, 7.9 % soil moisture content Cut and Fill Operations with 15 Cubic Meter Pan Scraper Equation SCAQMD CEQA Air Quality Handbook, Table A9 -9 " " "' Aggmgate Batch Drop Equation AP-42, 1324 -3 (1) Assume mean wind speed = 1.6475 mph, 7.9°% soil moisture content & 135 cubic yards per hour per backhoe, 1 cubic yard= 2550 pounds. " " "' Aggragate Batch Drop Equation AP -42, 13.2.4 -3 (1) Assume mean wind speed = 1.6475 mph. 7.9:46 soil moisture content & 135 cubic yards per hour per Trencher, 1 cubic yard = 2550 pounds. Source: Table 11,9 -1 EPA AP-42 "Source: ARB Recommended Total Air Emissions from Construction Including POV, Fugitive Dust, and SCAQMD Et. Emissions Thresholds Air Pollutant (lbs'day) (lbs/day) Significant? Carbon Monoxide (CO) 33.71 ' 550.00 NO Reactive Organic Compounds (ROC) 589 75.00 NO Nitrogen Oxides (NOx) 9155 100.00 NO Particulates(PMIO) 2582 150.00 NO Source: EMFAC70 and SCAQMD CEQA Air Quality Handhool ESTIMATED EMISSIONS FROM CONSTRUCTION Total days Allowed for Project Total Days Allowed for Demolition (Days) Total Site .Acres (Acres) Number of Employees Average Trip Length One Way POV (Miles) Total Work Hours Per Day (Hours /Day) Total Number of Delivery Trucks Daily Number of Delivery Trucks Average Trip Length One Way Demo Haul Trucks (Miles) Total VMT Water Trucks per day (Miles) Total Number of Each E ui N of equipment 1 3 Hours per Dav 4 6 Days in Operation 40 140 Miles Per flour mortarmixer forklift diesel diesel 4ofequipment 0 0 Hours per Dav 0 0 Days in Operation 0 0 Miles Per Hour loaders dozer diesel diesel Assumptions Used in EMFAC2002 280.00 66.00% 8.00 50 30 8 1840 7 25 1 0.3 nt used for Construction 1 1 3 3 4 4 6 6 40 40 160 160 roller paver welder compressor diesel diesel diesel diesel 0 0 2 0 0 0 4 0 0 0 160 0 truck backhoe boom truck excavator diesel diesel diesel diesel Assumptions Used in EMFAC2002 % LDA %LDT Season 66.00% Grams /Mile JDady VMT LDA & LDT 3001.000 Daily VMT Haul Truck 328.5714286 34.00% summer EMF. Monoxide (CO) Organic Compounds (ROC) a Oxides (NOx) ales (PM 10) iource, EMFAC2002 LDA LDT HDD Grams /Mile Grams /Mile Grams /Mile 3.02 3.6 2.9 0.19 0.2 0.65 0.25 0.3 15.97 0.01 0.01 0.26 Vehicle Exhaust Emissions from POV, Construction Construction Workers POV Emissions EMFAC Emissions Factor. Est Emission Gram+ Mile Ibs/dav Monoxide (CO) Haul Truck Emissions 3.2172 ZIcZ7 e Organic Compounds (ROC) mortar mixer 0.1934. 1.2$ n Oxides (NOx) welder 0.267 1 1.76' ates(PM 10) Grams/Mile 0.01" Carbon Monoxide (CO) Source: Emission Factors From EMFAC 200: Source: EMFAC2002 Haul Truck Emissions dozer truck EMFAC mortar mixer forklift Emissions paver welder Factor. Est. Emissions 50 hp diesel Grams/Mile Ibv'day Carbon Monoxide (CO) 2.9 2:lQ Reactive Organic Compounds (ROC) 0.65 0.47 Nitrogen Oxides (NOx) 15.97 Ibsthour Sulfur Oxides (SOx) NA 0 Pariculates(PM 10) 0.26 0.24 Source: EMFAC2002 boume: A" hmtsston Inventory Publication Number M099 32.3 Table 13 released: 2000 Source: ARB Inventory Publication M099_32.5 App. 8 released: 2000 Construction Equipment Emissions dozer truck backhoe mortar mixer forklift rollef paver welder pipeyaeker Total 175 hp diesel 50 hp diesel 175 hp diesel 175 hp diesel 175 hp diesel 50 hp diesel 175 hp diesel Emissions Ibsthour Ibs/hour Ibs/hour IbAour Ibs/hour Ibsthour Ibs/hour Ibs/da Carbon Monoxide (CO) 0.5 0.24 0.23 0.24 0.55 0.11 Reactive Organic Compounds (ROC) 0.1 0.13 0.12 0.13 0.1 0.2 Nitrogen Oxides (NOx) 1.2 2.24 2.08 2.22 0.9 1.85 Particulates (PM 10) 0.05 0.05 0.05 0.05 0.05 0.05 ` boume: A" hmtsston Inventory Publication Number M099 32.3 Table 13 released: 2000 Source: ARB Inventory Publication M099_32.5 App. 8 released: 2000 loaders dozer truck backhoe boom truck excavator Total 175 hp diesel 120 hp diesel 175 hp diesel 120 hp diesel 250 hp diesel 120 hp diesel Emissions Ibs/hour Ibsthour Ibs/hour IbAour lbs/hour Ibs/hour Monoxide (CO) 0.23 0.36 0.22 0.11 0.34 0.08 Organic Compounds (ROC) 0.12 0.19 0.12 0.06 0.18 0.15 4iw a Oxides (NOx) 2.07 3.27 2.02 1.01 3.14 1.39 ates (PM 10) 0.05 0.08 0.05 0.02 0.08 0.03 boume: A" hmtsston Inventory Publication Number M099 32.3 Table 13 released: 2000 Source: ARB Inventory Publication M099_32.5 App. 8 released: 2000 Total PM 10 Fugitive Dust Emissions from construction Air Pollutant Emission Factor (PM 10) Loaders- 0.000035 lb/ton (PM 10) Bulldozer *" 2.4 lb/hr (PM10)scmper " "" 4.3 Ib /vmt (PM10)Backhoe " " "" 0.000035 lb/ton (PM10) Trencher " " * *" 0.000035 lb/ton (PM 10) POV & Haul Truck 0.42 gm/mile Emissions Effigiencv Est. Emission sCAQMD Ib( s/davl 0 lb/day 50% 0.0 0 lb/day 50% 0 0 lb/day 50% 0 0.10836 lb/day 50% 0.1 0 lb/day 50% 01) Nitrogen Oxides (NOx) •• • 7L19+. 3.08 Total Particulates Particulates (PM 10) I = 1.6475 mph. 7.9% soil moisture content & 280 cubic vards m hour per loader, 1 cubic yard = 2550 pounds. Bulldozing Overburden Equation Table 11.9 -1 AP42 Assume 15% silt content, 7.9 % soil moisture content Cut and Fill Operations with 15 Cubic Meter Pan scraper Equation sCAQMD CEQA Air Quality Handbook, Table A9 -9 * *** Aggragate Batch Drop Equation AP-42, 13.2.4 -3 (1) Assume mean wind speed = 1.6475 mph, 7.9% soil moisture content & 135 cubic yards per hour per backhoe, 1 cubic yard = 2550 pounds. " " " *" Aggragate Batch Drop Equation AP -42, 13.2.4 -3 (1) Assume mean wind speed = 1.6475 mph, 7.9% soil moisture content & 135 cubic yards per hour per Trencher, 1 cubic yard — 2550 pounds. Source: Table 11.9 -1 EPA AP42 *source: ARB Recommended Total Air Emissions from Construction Including POV, Fugitive Dust, and sCAQMD Est. Emission Thresholds Air Pollutant (lbvda) (lbs/day) significant? Carbon Monoxide (CO) 31.12 °. - 550.00 NO Reactive Organic Compounds (ROC) ..7.�Y:,•, 75.00 NO Nitrogen Oxides (NOx) •• • 7L19+. 100.00 NO Particulates (PM 10) :532' 150.00 NO Source: EMFAC7G and sCAQMD CEQA Air Quality Handbook Response to Comments NEWPORT LEXUS Final Environmental Impact Report SCH No. 2004081004 A"-ch zoos Prepared for City of Newport Beach Environmental ESA, science Associates Response to Comments NEWPORT LEXUS Final Environmental Impact Report SCH No. 2004081004 Mwvh 2005 Prepared for City of Newport Beach 225 Bush Street 89-50 Cal Center Drive 710 Sewed Avenue 2685 Ulruerton Road Suite 1700 Building 3, Suite 300 Suite 730 Suite 102 San Francisw. CA 94104 Saenament4 CA 95826 Seattle, WA 98104 Clearwater, FL 33762 (415) 8965900 (916) 564 -4500 (206) 442 -0900 (727) 572 -5226 43614th Street 4221 Wilshire Boulevard 1751 Old Pews Trail 5850 T.G. Lee Boulevard Suite 600 Suite 480 Suite 0 Suite 440 Oakland, CA 94612 Los Angeles. CA 90010 Santa Fe, NM 87505 OdarMO FL 32822 (510) 839 -5066 (323) 933-6111 (505) 992 -8860 (407) 851 -1155 204 14 ESA sdd emsnhl $CIOIKO Iu..e..s RESPONSE TO COMMENTS FINAL EIR NEWPORT LEXUS Table of Contents Page Introduction 1 Comments 2 1. Southern California Association of Governments, December 14, 2004 Jeffrey M. Smith, AICP, Senior Regional Planner 3 2. City of Newport Beach, January 10, 2005 Memorandum from Lexus Subcommittee Environmental Quality Affairs Citizens Advisory Committee (EQAC) 4 3. Airport Land Use Commission for Orange County, January 11, 2005 Joan S. Golding, Executive Officer 10 4. City of Irvine, January 12, 2005 Diane Nguyen, Associate Planner 11 5. California Department of Transportation, District 12, January 12, 2004 (sic) Robert F. Joseph, Chief IGR/Community Planning Branch 13 Responses 15 ii INTRODUCTION This Response to Comments Final Environmental Impact Report for the Newport Lexus Dealership has been prepared in accordance with the California Environmental Quality Act (CEQA) as amended (Public Resources Code Section 2100 el. seq.) and CEQA Guidelines (Section 15000 el. seq.). The Final EIR is an informational document prepared by the Lead Agency that must be considered by decision - makers before approving or denying a proposed project. This Response to Comments, Final EIR together with the Newport Lexus Draft EIR, comprises the Newport Lexus Final EIR. The Newport Lexus Draft EIR was completed November 2004 in accordance with CEQA. November 29, 2004 through January 12, 2005. including a memorandum from the Lexus Subcom Citizens Advisory Committee (EQAC). These comments follow. Newport Lexus Final EIR and released for public review in Comments were received from A total of 5 letters were received mittee Environmental Quality Affairs comments and responses to those Response la Commenu March ?005 I I 1 COMMENTS 1 1 1 I I 11 11 1 1 1 Newport Lexus Final EIR Response to Comments March 2005 SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS Main Office M West Seventh Street uth Floor Los Angeles. California 90017.3435 l (2f 31 236'l8gp f(¢t3t 236-1825 www.5cag.ca.glx olmn nv nn+(arr.W�mon.P Fnwm. InmreY{/ • nN Ne P•.4mra SWwrrcw h/M Aepl, MPYW ilwMY • ]n'mR Yrfr Pr.wi.t qIn iorn YPWi< Port NIn+_nY • IPbmK1Nn P,n? PrrSiErlu: Councimembn Fac Pray,tiv] MPRfI]I (xPxlll' 14RFPlper, pR; +rNI Ctrs?N IM FP{MlF CF.RId: Yxvry 9c!aanr adlv], W F^Hrn G W �1Y • k+!4rV,lr'•'.r. i s Nyrk r fwrry • M F:Mmer. wmwFan green • if/ny y/pn,t SY: 4]rhd . P/ui 6Mn, Crvlkh LiM (ardrn/'., lrn F'Klhs M/Miw: (i.*i. tlxrmat . ierk IlnreV.. IWi ^e. +! . 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Rrver.ae rtfrlirr]n, kYrnP Y/wy Fn Ir - Z. .;n«Pe • uy Run. eimeJro...h • mn P00.!.. NTn1,{r $Prl 5,1,#m PwI w. P.vi gr.." 1.+ hrnxMw CW01 • aw /Per]n�ln, k.Nrrw. YtiNY • Iwrrnrrgik. gin;.w • to FmGW u. IFdaE il'aHY • }�. V N IaeH'k• 5En BrrRYMM IrW rhrY,IL^,!/n • O.Ifv /ry RnMr1w'n, QdrlNi YIIIItlN fWRly" I4a A1PY!L MvMi•] f rnoea . Gr drfnr], $Pti gpry • CA tl.ae•.v.., 5r:: P.anrdnMw/• Initivq M har+�Y+w OIMFP Uwnry bwlp]nafwP MnM1nnT d r ;,w: 5wnr, aea,r toner Nuwdidr rOPPIP k/o„ruNPa (PShsglrl Rnm.luri rnM^ VrwPia CFPP1YT1FPfPPrIwN P CdwrPNINMf 40 Pen.,S�w rJMv (� war.n.exrau Mw nrP ... LETTER 1 December 14, 2004 Mr. David Lepo Hogie Ireland, Inc. 42 Corporate Park, Suite 250 Irvine, CA 92606 RE: SCAG Clearinghouse No. M0040811 Newport Lexus Dear Mr. Lepo: Thank you for submitting the Newport Lexus for review and comment. As areawide clearinghouse for regionally significant projects, SCAG reviews the consistency of local plans, projects and programs with regional plans. This activity is based on SCAG's responsibilities as a regional planning organization pursuant to state and federal laws and regulations. Guidance provided by these reviews is intended to assist local agencies and project sponsors to take actions that contribute to the attainment of regional goals and policies. We have reviewed the Newport Lexus, and have determined that the proposed Project is not regionally significant per SCAG Intergovernmental Review (IGR) Criteria and California Environmental Quality Act (CEQA) Guidelines (Section 15206). Therefore, the proposed Project does not warrant comments at this time. Should there be a change in the scope of the proposed Project, we would appreciate the opportunity to review and comment at that time. A description of the proposed Project will be published in SCAG's December 1- 15, 2004 Intergovernmental Review Clearinghouse Report for public for review and comment. The project title and SCAG Clearinghouse number should be used in all correspondence with SCAG concerning this Project Correspondence should be sent to the attention of the Clearinghouse Coordinator. If you have any questions, please contact me at (213) 236 -1867. Thank you. Sincerely, l EFFREY M. SMITH, AICP Senior Regional Planner Intergovernmental Review LETTER 2 MEMORANDUM To: Environmental Quality Affairs Citizens Advisory Committee (EQAC) City of Newport Beach ( "City ") From: Newport Lexus Subcommittee; EQAC City of Newport Beach Subject: Draft Environmental Impact Report ( "DEIR ") for the Newport Lexus Project (the Project) Date: January 10, 2005 Thank you for the opportunity to comment on the DEIR for the Newport Lexus Project located at the southwest comer of Jamboree Road and MacArthur Boulevard in Newport Beach. Listed below are our comments on the DEIR. Executive Summary The Executive Summary provides a project overview and also states that there are two alternatives discussed in the DEIR, the No Project Alternative and the Reduced Project Alternative. However, it is not until the end of the document that the DEIR states that the Reduced Project Alternative is the environmentally superior alternative, and "(f)or this reason the Reduced Project Alternative is now the preferred alternative." 2_1 DEIR P. 4 -6 The fact that the Reduced Project Alternative is now the preferred alternative makes much of the analysis in the DEIR superfluous. However, we make the following comments on the DEIR in the hopes of improving the Final EIR and the proposed Project. The Executive Summary provides a list of the proposed Project objectives. These include specific goals of the City of Newport Beach Economic Development Objectives, as well as the applicant's specific Project objectives. The Final EIR should clarify what 2 -2 the specific proposed Project objectives are, and should clarify what, if any, sales tax rebates or other financial incentives will be offered by the City to help meet the proposed Project objectives. The Executive Summary states that the Project includes General Plan and Zoning Code changes for the northern five acres; however, the Executive Summary does not discuss the status of the southern three acres. The Final EIR should provide the general 2 -3 plan designation and zoning designations for the entire Project site, including the EQAC Lexus DEIR Page 2 January 10, 2005 southern three acres. There appears to be a typographical error in the third bullet of the applicant's objectives, which ends with the word "and." DEIR P. ES -3 IJ I 2 -4 , The Executive Summary states that alternatives to the Project "are not strictly necessary." This statement is unclear and requires more information to explain when alternatives are required. The Final EIR should cite the case law and/or the Government 2 -5 Code section to assist the reader in understanding the extent to which project alternatives are required. Chapter 2 Proiect Description and Site Characteristics This chapter provides the proposed Project background and a description of the proposed Project. With the exception of the site location, environmental setting and 2 -6 surrounding land uses, most of the information in this chapter relates to the alternative that has not been determined to be the preferred alternative. The Final EIR should fully analyze the preferred alternative. The Bowsprit/MacArthur Boulevard intersection is discussed in the Transportation/Traffic section; however, none of the figures in this chapter illustrate this 2 -7 intersection relative to the Project site. The Final EIR should include this intersection in any figures that are intended to illustrate the intersections that will be impacted or will impact the proposed Project. Chapter 3A Aesthetics and Land Use This chapter addresses the potential aesthetic impacts associated with the proposed Project. Again, these impacts could vary with the analysis of the Reduced 2-8 Project Alternative since the showroom and the service center will be reduced in size. One of the applicant's objectives, as stated in the Executive Summary, is for the Project to be of high architectural quality, complementary to the Newport Beach image. The figures in this chapter illustrate the scale and massing of the buildings, but do not provide any architectural detail. The Final EIR should include artists' renderings that illustrate the architectural style of the buildings for the proposed Project as they will-be 2 -9 viewed from Jamboree Road, MacArthur Boulevard and Dove Street. The "Craftsman" architectural style shown to the EQAC Committee does not appear to be compatible with the architectural styles of the newer buildings in the area. If that is the intended architectural style for the proposed Project, the Final EIR should include a discussion of how that architectural style meets the stated applicant's objectives for the Project. I I I 1 I EQAC Lexus DEIR Page 3 January 10, 2005 Figures 3A -7 through 3A -9 illustrate that the proposed Project will remove mature trees from the public right -of -way along Jamboree Road and MacArthur Boulevard. The Newport Beach City Council Policy Manual contains the City's policy 2 -10 for the removal of City trees. The Final EIR should list the Policy Manual among the Applicable Regulations on Page 3A -6, and it should discuss the applicability of the Policy to the removal of these trees. The proposed Project is located within the Orange County Airport Land Use Commission ( "ALUC ") planning area and must be submitted to the ALUC for review for consistency with the Airport Land Use Plan ( "ALUP "). The Final EIR should discuss 2 -11 whether the proposed Project meets Federal Aviation Regulation ( "FAR") 77 and FAR part 77.23 standards for determining whether a structure is an `obstruction" and whether a negative decision from the ALUC will impact the City's ability to approve the proposed Project. Mitigation Measure M -3A.9 states that the applicant will apply for a use permit from the City, and that the City will amend the Planned Community Development Standards, Newport Place "to reflect the proposed use on the site and incorporate development standards reflecting the highest level of improvements as now exist in the project area." The language in this mitigation measure is vague, and it is difficult to understand what the mitigation measure will achieve and how it will be measured by the public and decision makers. This mitigation measure should be revised in the Final EIR to accurately address the proposed Project's consistency with local land use policies. 2 -12 2 -13 2 -14 Mitigation Measure M -3A.7 states that "(t)he applicant shall submit a lighting plan and photometric plan to be reviewed by the City of Newport Beach. The lighting plan shall include design features ... to minimize impacts of light and glare on the ' surrounding area." The auto display area is elevated above MacArthur Boulevard and Jamboree Road the intersection. The mitigation measure should be revised in the Final EIR to ensure the lighting plan takes into consideration greater potential for light ' spillover due to the lower roadway elevation. Further, Mitigation Measure M -3A.6, with its use of "off -site architectural massing to block light sources" appears to be in contradiction with the lighting plan and ' photometric plan promised in Mitigation Measure M -3A.7, which is intended to "lo minimize impacts of light and glare on the surrounding area." The Final EIR. should discuss fully how the proposed lighting plan and photometric plan will impact surrounding areas and propose mitigation measures that minimize those impacts. Mitigation Measure M -3A.9 states that the applicant will apply for a use permit from the City, and that the City will amend the Planned Community Development Standards, Newport Place "to reflect the proposed use on the site and incorporate development standards reflecting the highest level of improvements as now exist in the project area." The language in this mitigation measure is vague, and it is difficult to understand what the mitigation measure will achieve and how it will be measured by the public and decision makers. This mitigation measure should be revised in the Final EIR to accurately address the proposed Project's consistency with local land use policies. 2 -12 2 -13 2 -14 EQAC Lexus DEIR Page 4 January 10, 2005 Chanter 3B Hydrology, Water Quality and Storm Water This chapter focuses on potential impacts to surface water hydrology, surface water quality, groundwater hydrology, and groundwater quality resulting from the development of the proposed Project. As stated in this chapter of the DEIR, the majority of the Project site's runoff discharges into Dove Street catch basin, which in turn discharges to San Diego Creek. San Diego Creek is a tributary of Upper and Lower Newport Bay, which ultimately discharges into the Pacific Ocean. The San Diego Creek and both Upper and Lower Newport Bay are all considered impaired water bodies. 2 -15 The DEIR states that the Project applicant has prepared and submitted a Water Quality Management Plans ( "WQMP "), which includes Best Management Practices ( "BMP ") for site design, as well as source and treatment control for the proposed Project site's runoff. The DEIR further states that the WQMP is available for review at the City of Newport Beach. "The project WQMP demonstrates that the proposed project will implement post - construction BMPs to mitigate potential pollutants generated at the project site that may compromise the beneficial uses and water quality objectives of downstream receiving water bodies." DEIR P. 3B -12 The WQMP should have been included as an appendix to the DEIR, and the BMPs contained therein should have been fully analyzed in the DEIR in order for the public and decision makers to review and comment on it. However, since Mitigation 2 -16 Measure M -3B.2 calls for its submittal, it appears that the City may not have approved the WQMP. The Final EIR should include the WQMP, discuss fully all water quality and hydrology impacts, and provide specific and enforceable mitigation measures to lessen any such impacts. Chavter3C Transportation/Traffic This chapter addresses the traffic impacts associated with the proposed Project. The DEIR summarizes the analysis that was conducted for the Project site. However, the DEIR does not include the traffic study itself as an appendix, but states that "(t)he entire 2 -17 report is available for review at the City of Newport Beach." Again, this makes it difficult for the public to review and comment on the traffic analysis, and the Final EIR should include the "Traffic Study for Newport Lexus" as an appendix. Chapter 3C lists the various agency regulations that govern the traffic analysis. The Final EIR should include Measure S among the applicable regulations and discuss 2 -18 whether the General Plan Amendment and additional traffic generated by the proposed Project trigger Measure S regulations. MacArthur Boulevard is a high speed, high traffic volume arterial. Adding a 2 -19 drive aisle to this street without providing acceleration and deceleration lanes can According to the DEIR, the Traffic Phasing Ordinance ( "TPO ") calculation of the applicant's fair share of the improvements called for in Mitigation Measure M -3 C.1 and M -3C.2 is only 7.8% for the Irvine/Mesa intersection and 10.5% for Jamboree and 2 -24 MacArthur Boulevard. The Final EIR should specify if there are other sources of funds ' for these improvements and when the improvements are likely to be constructed. Finally, the MacArthur Boulevard drive aisle and the Bowsprit/ MacArthur ' Boulevard intersection are potentially hazardous sharp curves and dangerous 2 -25 intersections. The "Traffic Study for Newport Lexus" should be revised to include an analysis of these areas, and the Final EIR should discuss fully all traffic impacts 1 EQAC Lexus DEIR Page 5 January 10, 2005 increase the potential for accidents and impede through traffic. For this reason, the location and geometry of the MacArthur Boulevard access drive needs to be evaluated in ' the following areas: 2 -19 Cont. • Vehicles approach the site on MacArthur Boulevard at a downhill grade and drive at a high rate of speed. Vehicles that have not slowed significantly prior to ' entering the site will pose a hazard to customers shopping for vehicles in the parking lot. The traffic study should be revised to show how vehicles will be slowed so they may safely enter the site without impeding through traffic on ' MacArthur Boulevard. ' • Drivers exiting the site onto MacArthur Boulevard from the right -in, right -out driveway may attempt to cross several travel lanes to reach the left -tum lane onto northbound Jamboree Road. The traffic study should be revised to include a 2 -20 weaving analysis to determine whether drivers can safely make this movement, or whether operational improvements should be incorporated into the proposed Project to preclude drivers from attempting a dangerous traffic maneuver. • The lack of an acceleration lane for drivers exiting the site onto MacArthur Boulevard will require them to merge into high speed traffic from a stop. The 2 -21 traffic study needs to be revised to evaluate traffic impedance and accident potential from vehicles merging onto MacArthur Boulevard. ' At the Fletcher Jones dealership, vehicles waiting to be serviced are dropped off on Bayview Way. To ensure that vehicles do not stack onto Dove Street at the new Lexus dealership, the Final EIR should include a stacking and queuing study to determine 2-22 ' if the staging areas are large enough to accommodate the volume of customers at peak drop off hours. Mitigation Measure M -3C.2 requires the widening of MacArthur Boulevard to ' three left turn lanes and a fourth through lane. The DEIR does not indicate whether these improvements will require right -of -way acquisition. The Final EIR should fully analyze 2 -23 where the right -of -way is needed, the cost of right -of -way acquisition, and any ' environmental impacts of the widening. DEIR P. 3C -11 According to the DEIR, the Traffic Phasing Ordinance ( "TPO ") calculation of the applicant's fair share of the improvements called for in Mitigation Measure M -3 C.1 and M -3C.2 is only 7.8% for the Irvine/Mesa intersection and 10.5% for Jamboree and 2 -24 MacArthur Boulevard. The Final EIR should specify if there are other sources of funds ' for these improvements and when the improvements are likely to be constructed. Finally, the MacArthur Boulevard drive aisle and the Bowsprit/ MacArthur ' Boulevard intersection are potentially hazardous sharp curves and dangerous 2 -25 intersections. The "Traffic Study for Newport Lexus" should be revised to include an analysis of these areas, and the Final EIR should discuss fully all traffic impacts 1 EQAC Lexus DEIR Page 6 January 1,0, 2005 associated with the MacArthur Boulevard drive aisle and the Bowsprit/ MacArthur Boulevard intersection, and provide specific and enforceable mitigation measures to 2'25 Cont. lessen any such impacts. Annendix, Section 3 List of Mitigation Measures Incorporated Into the Project This section lists mitigation measures that were incorporated into the project. However, these mitigation measures are not discussed in the Project Description and are not included in the list of mitigation measures in Table ES -1 on DEIR P. ES -5. The absence of these mitigation measures from sections of the report where mitigations would normally be found could lead to their omission when the proposed Project is implemented. The Final EIR should incorporate these mitigation measures into the proper chapters and sections of the main body of the document. I� I 2 -26 , I� 11 I 1 J I I I 1 E 1 XANGE I COUNTY January 11, 2005 LETTER 3 AIRPORT LAND USE COMMISSION FOR ORANGE COUNTY 3160 Airway Avenue - Costa Mesa, California 92626 - 949.252.S110 fax: 949.252.6012 Mr. David Lepo, Project Manager Hogle - Ireland, Inc. 42 Corporate Park, Suite 280 Irvine, CA 92606 Subject: Draft Environmental Impact Report (DEIR) for Newport Lexus Dealership Dear Mr. Lepo: On behalf of the Airport Land Use Commission (ALUC) for Orange County, we have reviewed the DEIR for the Newport Lexus Dealership and wish to offer a few pertinent comments/corrections. The reference to the ALUC on page 3A -7 incorrectly suggests that the Commission is an agency or arm of the County of Orange. In fact, the formal name of the ALUC was adopted specifically to convey the fact that ALUC is a State - mandated independent local commission operating under particular provisions of the California Public Utilities Code, and is not a "department" of County 3 -1 government. More significantly, the footnote citing the discussion's online source (JWA AELUP) is inappropriate as the current JWA AELUP (dated 12/19/2002) is not yet available on the airport's website. Copies of the current JWA AELUP are available at the ALUC office, as well as at the City's Planning Department. Pages 3A -7 & 3A -8 also contain typos in referring to the AELUP. Mitigation Measure M -3A.10 (page 3A -I6) correctly states that the applicant shall submit project plans to the FAA for evaluation under FAR Part 77, but incorrectly states that the applicant shall also submit the project to the ALUC for a Consistency/Inconsistency Determination. By law, the 3 -2 ALUC functions as an agency to agency entity. Consequently the City of Newport Beach bears the responsibility to submit the project for ALUC review. Also. it merits noting that Califomia Public Resources Code Section 21096(a) requires that lead agencies preparing an E1R for a project within an ALUC's airport planning area (i:e. AEL UP zone) utilize the Caltrans /Division of Aeronautics' Cali rnia Airport Land Use Planning Handbook as a 3 -3 technical resource for the CEQA document. The Handbook is available on -line at the Caltrans/ DOA website which is: www.dot.ca.gov under Land Use Planning. Thank you for this opportunity to comment on this Draft EIR for a project in the environs of JWA. If you have any questions, please contact me at (949) 252 -5170 or jgolding@ocair.com. Sincerely, } Joan S. Golding Executive Officer cc: City of Newport Beach Planning Department 10 January 12, 2005 LETTER 4 r r i ,f:iiY O =:vii r..�T�e:n! '.: 1PC: u:r,, e: Mr. David Lepo, Project Manager Hogle- freland, Inc. 42 Corporate Park, Suite 250 Irvine, CA 92606 Subject: Draft EIR for a Lexus Dealership in the City of Newport Beach Dear Mr. Lepo: 1. The City of Irvine has received and reviewed the information on the above referenced project and has the following comments: 1. Per our phone conversation on Wednesday, January 5. 2005, please provide the City with a� copy of the "Planned Community Development Standards. Newport Place." Staff is requesting confirm for this information to confirm the additional uses that are permitted under this zoning district. 2. Page ES -1 — Reference the figure that depicts the project location. 3. Page ES -3 — Under the "Reduced Project Alternative" scenario, identify what is being reduced by 13,000 square feet. 4. Page ES -7 and 3C -I l - Please revise the language describing mitigation measure number M- 3C.2 to clearly identify the proposed improvements at the intersection of MacArthur Boulevard and Jamboree Road. As it currently reads. it is difficult to understand what improvements are being proposed. 5. Page ES -9 — Revise mitigation measure M -31).12 to ensure that construction - related traffic on the City of Irvine streets will be addressed and mitigated in the E1R. The City is requesting that the construction traffic hours be limited to 9:00 a.m. to 3:00 p.m. and 7:00 p.m. to 5:00 a.m. only. The City does not permit construction traffic during the peak hours. 6. Page 2-9 — Add text in the EIR to state that deliveries/drop off will not be allowed on Jamboree] Road or MacArthur Boulevard. II 4 -1 4 -2 4 -3 CSI 1151 4 -6 1 1 X. . 1 The City of Irvine has received and reviewed the information on the above referenced project and has the following comments: 1. Per our phone conversation on Wednesday, January 5. 2005, please provide the City with a� copy of the "Planned Community Development Standards. Newport Place." Staff is requesting confirm for this information to confirm the additional uses that are permitted under this zoning district. 2. Page ES -1 — Reference the figure that depicts the project location. 3. Page ES -3 — Under the "Reduced Project Alternative" scenario, identify what is being reduced by 13,000 square feet. 4. Page ES -7 and 3C -I l - Please revise the language describing mitigation measure number M- 3C.2 to clearly identify the proposed improvements at the intersection of MacArthur Boulevard and Jamboree Road. As it currently reads. it is difficult to understand what improvements are being proposed. 5. Page ES -9 — Revise mitigation measure M -31).12 to ensure that construction - related traffic on the City of Irvine streets will be addressed and mitigated in the E1R. The City is requesting that the construction traffic hours be limited to 9:00 a.m. to 3:00 p.m. and 7:00 p.m. to 5:00 a.m. only. The City does not permit construction traffic during the peak hours. 6. Page 2-9 — Add text in the EIR to state that deliveries/drop off will not be allowed on Jamboree] Road or MacArthur Boulevard. II 4 -1 4 -2 4 -3 CSI 1151 4 -6 1 1 Mr. David Lepo ' January 12, 2005 Page 2 ' 7. Tables 2 -2 & 2 -3 — Clarify whether the RD. Olsen project at 2801 Main Street (340 dwelling units with 6,500 s.f. of retail) was considered in the cumulative impacts to the pro ject. ft is not ' listed under the Tables 2 -2 and 2 -3 for the summary of pending and approved projects. For your 4 -7 information, the conditional use permit was approved by the Planning Commission on. October 21.2004. ' 8. Include a Sub - Section in Chapter 2 (Project Description and. Site Characteristics) and Chapter 3C (Transportation/Traffic) to describe the proposed site access points ( "Site Access*) in order 4 -g to clearly understand the type and precise location of the proposed access points. 9. Page 3C -I - The EIR shall include additional important infotmatiodtables /exhibits such as ' existing/proposed trip generations, trip distribution and so forth. Include the same tables and 4 -9 exhibits from the Lexus Traffic Impact Study. ' 10. Submit the proposed project site design plan to the City's Public Works Department for detail analysis/review of the proximity of the proposed right in/oat access to the intersection of MacArthur Boulevard and Jamboree Road. A Weaving Analysis (60 percent right out.conflicts 4-10 with MacArthur Boulevard SB through, SB free right turn and SB left turn traffic) may be required at a later date to review the impacts of 60 percent right out traffic. ' Thank you for the opportunity to review and comment on the proposed document. We would appreciate the opportunity to review any further information regarding this project as the planning process proceeds. If you have any questions. please contact me at by phone at (949) 724 -6375 orby ' email at dineuven(&ci.irvine.ca.us. Sincerely.. f `� DIANE NGUYE - Associate Planner cc: Tina Christiansen, Director of Community Development Brian Fisk,.Manager of Planning Services Michael Haack, Manager of Development Services ' Barry Curtis, Principal Planner Farideh Lyons, Senior Transportation Analyst File i 12 LETTER 5 * .m csrptmamau , aib.averarmraye- ..tm.st�os>Var waaaLirJi�$. D t - Tiakd S:CAiT011 ' � B EISTi kt t 3367 =T6�e7mDrire, 3cm 38o 'o 0nn���'`'�'��' -•'' r ✓v r' ♦ , j� 4:7�� Pfs�gnplwJ, i". ` t r �+4 a ,,.: t:,,. - •. Ott: -�� . , m '�;p�CYb�l�t.${�l�b��� r, 4. fi ty ofblev�pott BCub SGHlg 1Dtpi 33D0XOVp6dBoulet*d tog& 1442-A P.Q 3ex:17bti Sit:k 73 Ncwpott'`Hoae9f, .f9�sss -8415 t3 I*Ct Nelvpwt iesm l 44mbip Dear3Er: LA", 'Sank you .far the apwMiW .so Tmim, 64 •CCu0A1ld ,on ft..Lmm Dadmh* . Dratt: E Aron ow T., , 7t► act stetdS tii"d Naysmber 3104. Rio p�bjbtt GV>7soR.Aukomotive C3roup :pmpost� %ci dAVrlop a 30;t}px :egtotre :foal. deeIetship shatvroa�.a IODOiW aquane Soot essto �ravicb io8'. a multi -story stsuobite that gmitild. �$ �PWt. 7ltxapnoeafarzmplcgrop� '+p�dslars�e sales.��Q!TThepaeg'eef ufd,s iogated oa 3:9x1,3931,. anti 395E �`$o4ile+t4rd end 8"iB,a� 868 Uwe ;ip»a is .the Gityo€IdowpoctB4Pah:C61e. T44aepreet$ tstc7taubetorCapeot .tei6S#ate.ltnute:l3 Cattrtins:iihKliet i� etatna:lp x:re¢S�vieS'aB�tS oatfus pro�t?�x;aaad;ltes the�`atiowiag Tmwle: 4. �'caiBa Aeply±s+a.�ar tite..t�i8risml Stteat end Jaa�bocee E�efi, aed ta'nrd�md &&-73 hdeaArl'�a�r fapgaat'�'remP shorildabe,eaaduoted, `llte lnPs $8gecatE�,,1s9.B IlSUlt of:.pcdjw-t would r ease; queuingafl- ubffkto. tiocth; laite� 'ofitisoUn4:3ambo?se.itoad 5 -1 la addition the trgolt dads aofi �dyxm.dl4 napaet: oa•uo►ivbesmd Sit 331idaoti$mr .oi€. ramp d�fe: to thb iacrataed traitic 8vw: These;potettpal h�tcss and ptupvaed mitt�nata. have aot: base': 8tidmssed is the. Import, and as�sf Itb subloittei3; :ta Caltiaas fCr Iepiew ead 2., i'atmerdioa s Ca sW bi&way rq# m.sbol w ie,HQul method, -Tbe e°dym W*WtfA in the �epoit armUW o�ti�Cl7a�ethcd, wldCh d' o& trt addmm the:abdm im W& Lsl=w k6mok the ewalga6w of:tb6 above iapaCis wid:.dup' pSequeot ,met . U". *0: CAI 5 -2 Me" fot'C*d, bm.rereviimwvn4 ocmmetits. Tat,pabs;s e§wzld:axFx ,-t as:4 mp:!Dp`'.aod 944 4neue9 at dta. ,above bcatos:. Iho. impact "to Ift tmffio tin Jmabom mnad (aamlib , nppraeela) ate MacAsthur`WOW offramp (oosthb . 4 tim:90thwded .qum Work 3. VAkm is requlM that if any. icuhmW ur p&W.ma last mater ue dis000e - t+dthiit::th . t Caltsaa§ right of waq ditdmig thii : project.. till om to un :at4ivi6e8 im.tha ' ' ' temuld at Caihena mhlz ekstefl'emm bupea oc". ]3 , - 1 k 1Caidrampn�ftad u.tiu SnYtO :F.il�tt:ol�uAp Air Water PO1?uthm cwml, ii WAC Wn:Adivl A"% Order must wJSft1 m. t6 the as all prwas iiiv sell . 4tiiv3 m po]hte m. eoattrol.:6j* be. "Rak.:Serino" {pa 'POSAUp CCaprol. SWj to mimcrose impact iilcgrPs2ateil 7n ;oo sm att vehicle 1oa3e. nad ,vmM Mow brio.Ca"itrantl.e wbwsor6016es. 3A to. Caatiiinp.9taifdacd.PlaFraaaid 5tauaad �, � °o¢'a.Waterifn�n Cow ott PlodSVVF sa<t +, W& #tit aestiiC6olis.:isstdt' f 'Whim e��ia �ttetra,;)toi;rs' �Painr�: 30, 49oK1 W. 5 -4 pmret�mta � eflg' atf. rs�cuas' a� ;durigg tiaoo.oft�op; -1�a tm�7bai w*R' neadva. toaotmwatest Cticr i" - ApnT end 6obw Ibc: wanes ib. the Tacehrl tp,'.. vatem _ brag a xt be. ftoal%g Cif oodeaii ls; "ba rainy AM at 5. NO'.0601$m.7Dh embe �E tG�.31atE: drIIitlage�iheiliiics without. t�t8 appraVal Cfthe illeniot ��� 5 -5 NI�T)BS !ffi. 6. 7r} .ft avem of any BtYivitg in CaltraaS' tit of aj, aa..eacto�acbmcrt permit wiSt b6 trgfdted. �±, - ace foOmed to plan for w5 aaat. fermrt l Limo; whkh: =y lnahtda� 5 -6 �s!a Sena ►a Please Continua to keep us. lafwMed of tibia_ paojep end;' w thture p re; whieti eaoutrl Doten6aitY- impact -ft �te fo� t bn. Sc��des. if: yptx bass any questions .or weed fo cowad iv,, 4kara&.11olt.h :to:ca}i..Hietyamblow at (s�i9) �22S1. fU, . 6r RO�F;.70SShFl;GTueF . i{'>32/Commumty Plnmugg Blanch c: "Tiny 1 t% crurv* xad`Rosesrch At tcoz.�> how A.isnsoltice,'M a9ic':b t dons Noah : Elaveea „i�pta„��,PFamiingA '•a+�ma mnarewp�ar,� 14 RESPONSE TO COMMENTS Letter 1: December 14, 2004 Southern California Association of Governments Jeffrey M. Smith, AICP Senior Regional Planner No response necessary. Newport Lerus Response to Comments Final EIR 15 March 2005 1 Letter 2: January 10, 2005 ' City of Newport Beach Memorandum from Lexus Subcommittee Environmental Quality Affairs Citizens ' Advisory Committee (EQAC) ' 2 -1 There is very little difference between the project discussed throughout the Draft Lexus Newport EIR and the "Reduced Project Alternative ". The minor reduction in service bays of 13,000 square feet results in a minor reduction in traffic impacts, however, this reduction would be sufficient to reduce project ' impacts at the two intersections identified as impacted in the traffic section of the EIR from significant to less than significant (although the alternative would still have a TPO impact that would be mitigated through fairshare ' participation in funding improvements). All other impacts would be essentially the same or only incrementally reduced. ' 2 -2 The project specific objectives of the applicant (as shown at the top of p. E5 -3 and middle of p. 2 -4) are: ' - To better serve the existing Lexus customer base in Newport Beach. - To expand Lexus' market share in Orange County and the Newport ' Beach area; and - To construct a facility of high architectural quality, complimentary to ' the Newport Beach image. The EIR also highlights that the project would help achieve certain City goals as identified in the City Council Economic Development Policy. Although ' these are listed in the Project Objectives section of the EIR, they are City goals that the project would help achieve, not project objectives. Issues ' associated with sales tax and other financial information are not the subject of CEQA documents. An economic analysis of the project was prepared for the City by Keyser Marston Associates, Inc. The analysis shows the project is projected to generate nearly $1.5 million of sales tax revenue to the City in its first year of operation, growing to over $2 million per year by the tenth year of operation. The City Council has approved a sales tax sharing agreement with ' the project applicant, which provides that the City and the applicant will share the local sales tax generated by the project equally until such time as the applicant is paid $9.5 million at 5% interest. Based on the projected sales tax from the project, the City would complete payments in year 14 of operations. During the 14 years during which sales tax would be shared, the City would still be receiving new sales tax revenue, with its 50% share ranging from ' $725,000 to $1.2 million per year, and the total over 14 years reaching $13.7 ' Newport Lexvs Response to Comments Final EIR 16 March 2005 million. The City's full share of sales tax for the 15s' year of operation would be $2.5 million. 2 -3 As indicated in the last paragraph on p. 3A -15 of the Draft EIR, "The Newport Beach General Plan Land Use Element designates the northerly five acres of the project site as `Administrative, Professional and Financial Commercial' and the southerly three acres as `Retail and Service Commercial'." Zoning for the entire site is PC Planned Community, as explained at the top of p. 3A -16. 2 -4 The `; and " at the end of the third bullet at the top of p. ES -3 is deleted. 2 -5 The first sentence of the second paragraph under the heading, "Alternatives to the Project" on P. ES -3 of the DEIR is deleted. The purpose of an alternatives analysis is to identify alternatives that would reduce identified significant impacts. The project already included identification of mitigation measures that would eliminate all significant adverse impacts. Thus identifying further ways to reduce impacts through different alternatives is unnecessary. However, the reduced project alternative does provide another method of reducing project impacts. 2 -6 See response to comment 1 above. 2 -7 A label is added to Figure 1 to identify Bowsprit. 2 -8 See response to comment 1 above. 2 -9 The City has no policies or process for design review. No architectural style has been established for any area of the City. There is no prevailing architectural style of existing surrounding developments. 2 -10 None of the trees identified for removal are on City property and are therefore not subject to the City's policy. If street trees are required, they will be provided in accordance with applicable City policies. 2 -11 The project is below the glide path for the airport and would comply with all applicable regulations. See also Letter 3 comments and responses. 2 -12 The purpose of the City reviewing the photometric,plan is to ensure that there is no inappropriate spillover light, and the elevations of surrounding roadways are taken into consideration in that review. 2 -13 Mitigation Measure M -3A.6 is revised to reference "nearby buildings to block light sources" rather than "off -site architectural massing to block light sources." The intent of this measure is to consider the effect of and the impact upon other buildings in the evaluation of project lighting and the potential impact on any sensitive light receptors. Not all occupants of buildings are sensitive to light. This measure is complementary to measures M -3A.7. Newport Letus Response to Comments Final E/R 17 March 2005 &E_ k�\ \ � ! \ § | \ ~ } ■* - _ . ' « ` z� s y r . | z ©t \ ..... � \�� �x /| C | || [� � / «® I"upB . ./ .� o 2 ■ tW- . Lor) �§ � §. �+ �^ \ ( !■ w§ +. . z « ^ ^ . y � /■ | � I 2 It . &E_ k�\ \ � ! \ § | \ 2 -14 The end of mitigation M -3A.9, "and incorporate development standards reflecting the highest level of improvements as now exist in the project area" is deleted. The intent of this language was to require use of building materials /finishes equal to, or better than, those of surrounding buildings. However, the City has no policies relating to design. In addition the approval of the use permit requires findings of compatibility of the proposed use with existing uses. 2 -15 Comment noted. 2 -16 The WQMP is fully summarized in the Draft EIR. The full document is available for review at City Hall. The WQMP is fully analyzed in the Draft EIR, and appropriate mitigation identified. The City will review and approve the WQMP in connection with their review and approval of grading permits. In this way the latest BMP's and requirements will be included. 2 -17 The traffic study is fully summarized in the Draft EIR. It is available for review at City Hall. 2 -18 Measure S is not related to physical environmental impacts and is not relevant to this CEQA document. It will be addressed in the Staff Report for this project. 2 -19 There is an existing right -turn auxiliary lane along the entire MacArthur Boulevard project frontage, which becomes a free right -turn at the Jamboree intersection. Vehicles entering the Lexus site on MacArthur Boulevard will do so from this auxiliary lane, and will be out of the flow of through traffic on MacArthur Boulevard. The main driveway is also designed with a large radius on the entering approach to enable entering vehicles to make the turn without the need to slow to a near stop. An additional deceleration lane is not needed at this driveway. -. 2 -20 The traffic analysis indicates that 20% of the project traffic will exit the site and turn left at Jamboree Road. This represents 14 vehicles in the morning peak hour and 42 vehicles in the evening peak hour. The Highway Capacity Manual weaving analysis was used to evaluate the "weave" that would be required for 42 vehicles to cross three southbound lanes in approximately 175 feet to get to the left -turn pocket over the course of an hour. The analysis was conducted for the Cumulative With Project evening peak hour, since this would represent the worst case. The analysis results indicate that the weave Level of Service would be LOS "C" due primarily to the small number of vehicles making the weave maneuver over the course of an hour. 2 -21 The right -turn auxiliary lane along the MacArthur Boulevard frontage will provide an opportunity for exiting vehicles to accelerate while merging into the through lanes. A separate acceleration lane is not needed. N.Tort Lexus Final EIR 19 Response to Comments March 2005 1 [_l 11 11 11 1 1 1 I 1 2 -22 The Lexus site will provide three dedicated inbound queuing lanes, each more ' than 350 feet in length, (storage capacity for approximately 40 vehicles) for customers arriving for service. If the number of incoming vehicles exceeds the capacity of the three dedicated lanes, the center lane and one of the outbound lanes on the service entrance can be temporarily used for queuing inbound customer vehicles until the queue dissipates. This would allow for a total of approximately 60 additional vehicles. ' Once the arriving vehicles are processed, they will be taken into the service building. The service building will accommodate 160 vehicles being serviced, ' waiting to be serviced, and already serviced. After being serviced, cars will be taken to the carwash area, which will accommodate an additional 26 vehicles. The layout of the Lexus site and the generous vehicle stacking and ' staging areas have been designed specifically to avoid the queuing and overflow problems experienced at other dealerships. 1 2 -23 Mitigation Measure M -3C.2 would require some widening on Jamboree Road ' (not MacArthur Boulevard). The recommended improvement has not been engineered to determine right -of -way and cost issues. This level of detail is not required at the EIR stage. In addition, this mitigation measure is only ' required of the Full Project. Since the Reduced Intensity Alternative has been identified as the preferred alternative, this improvement will not be required of the project. .2 -24 Additional funding sources for the Irvine / Mesa improvement include County funding programs and traffic impact fees collected from other developers. ' This intersection is scheduled for improvement through a County- sponsored improvement program by the Year 2007. ' 2 -25 It is assumed that the reference to a potentially hazardous sharp curve refers to the angled MacArthur Boulevard drive aisle. The.. site plan presented in the EIR is conceptual as it relates to site access and on -site circulation. A detailed ' site plan will be required of the project, and the driveway design and all site access and circulation features will be reviewed and refined through the site design review and approval process at the City. The operation of the intersection of Bowsprit and MacArthur was addressed in ' the traffic study. The study indicates that the project will be responsible for modifying the Bowsprit / MacArthur intersection to reduce the outbound curb radius from 90 feet to the typical 35 feet, to create additional separation between Bowsprit and the project entrance, and to slow the speed of vehicles ' turning out of Bowsprit and reduce the conflicts between Bowsprit traffic and dealership traffic. ' 2 -26 The mitigation measures included in Section 3 of Appendix A are those preliminarily identified at the Initial Study stage of the process. Many of Nmpon Lexus Response to Commenu Final EIR 20 March 2005 1 these measures were revised and expanded in the Draft EIR. Measures related to impacts that were fully mitigated at the Initial Study stage (Cultural Resources, Noise, Utilities and Service Systems) are not included in the Draft EIR, because these issues were fully examined and `Focused out' of the EIR at the Initial Study stage based on the analysis contained therein. Newport Lester Response to Comments Final EIR 21 March 2005 ' Letter 3: ' January 11, 2005 Airport Land Use Commission for Orange County Joan S. Golding, Executive Officer Consistency or Inconsistency with the AELUP ' 3 -3 Comment noted. The Draft EIR is consistent with the Handbook. 1 1 1 n ' Newport Lesus Response to Comments Finot E/R 22 March 2005 3 -1 The reference to the ALUC in the last paragraph at the bottom of p. 3A -7 is changed from "Orange County Airport Land Use Commission" to "Airport ' Land Use Commission for Orange County ". The footnote at the bottom of p. 3A -7 is revised to read: ' 2 Airport Land Use Commission, Airport Land Use Plan for John Wayne Airport. ' References to the "ALUP" at the bottom of p. 3A -7 and top of p. 3A -8 are revised to be "AELUP." ' 3 -2 Mitigation measure M -3A.10 is revised to read: The applicant shall submit project plans to the FAA to be evaluated under ' FAR Part 77. The City shall submit plans to the ALUC for a Determination of Consistency or Inconsistency with the AELUP ' 3 -3 Comment noted. The Draft EIR is consistent with the Handbook. 1 1 1 n ' Newport Lesus Response to Comments Finot E/R 22 March 2005 Letter 4: January 12, 2005 City of Irvine Diane Nguyen, Associate Planner 4 -1 Comment noted. Requested materials were sent. 4 -2 A reference to Figure 2 -1 is added to the first paragraph on p. ES -1 under the subheading `Project Overview'. 4 -3 The reduction of 13,000 square feet identified in the Reduced Project Alternative is in service bays. 44 Mitigation Measure M -3C.2 calls for the addition of a third westbound left - turn lane and a fourth eastbound through lane at the intersection of Jamboree Road and MacArthur Boulevard. Please note that Jamboree Road is considered to be the east -west street, and MacArthur Boulevard is considered to be the north -south street. 4 -5 The City of Irvine, via e-mail of February 1, 2005 from Diane Nguyen, agreed to the following. Mitigation Measure M -3D.12 is revised to add the following: Construction traffic hours will be prohibited as follows: 7:00 p.m. to 7:00 a.m. Monday through Friday; 6:00 p.m. to 9:00 p.m. Saturday; all day Sunday and federal holidays. All vehicles involved with material deliveries, loading or transfer of materials, equipment service, and maintenance of any devices for or within any construction project shall not operate on City of Irvine streets during prohibited hours unless a waiver has been granted by the City. 4 -6 As indicated at the bottom of p. 2 -7, "Delivery trucks would access the site from Dove Street." This will be a standard condition of approval. 4 -7 The R. D. Olsen project at 2801 Main Street (340 dwelling units, 6,500 sf of retail) was inadvertently omitted from Table 2 -3; it was however assumed in the traffic analysis (see Table 2, Page 9 of the traffic report). It is hereby added to Table 2 -3 of the EIR. 4 -8 Site access is discussed in the last paragraph on p. 2 -7. Site access is also discussed on p. 3C -14 under the heading "Potential Impact 30: Any hazards due to a design feature or incompatible use." 4 -9 The following sentence and associated trip generation table and trip distribution graphic are added to the EIR at the bottom of p. 3C -8: Ne pori Leans Rcaponse to Conmenfs Final EIR 23 March 2005 iI "Project trip generation and existing trip generation at the site are shown in ' Table 3C -2A; project trip distribution is shown in Figure 3C -0" 4 -10 See response to comment 2 -20 above. 1 II II II II II II II I II II II II 11 II Newport Lerus Final E/R Response to Comments 24 March 2005 (\ \ i) k&({ |k {§ } \\� Ff ;\ § \ \ K } ( ) \ { } LO } m ) 7 � ! ( § § § ( ( \ 2 2 , 2 . B ] . E j }� k « =y Q . to � of �§ t¥ 07ƒ ) � a » $ \ \ k I I I I I I I I I I I I I I I I I I I ._§ 7k/ dk] )=o I / ! \ � } » § ! ! ! . | | _ 18 it �� ` | � — �_ _ a\ r . _ / . } - - � • & \ �. � | \ . � , X | _ . as )—t | #/ ! ~ | ~ | k , r | . 1 � . { — . 5X ra | r | , , _ c � . , . MOemwr 12 ) / % - - , | ® ._§ 7k/ dk] )=o I / ! \ � } » § ! Letter 5: January 12, 2004 (sic) Department of Transportation Robert F. Joseph, Chief 5 -1 After consultation with Caltrans engineer Steve Pham on January 31 and February 1, Caltrans has indicated that the reference to the Jamboree Road / Bristol Street intersection can be disregarded. The following is added to page 13 of the traffic study under Trip Distribution: Project traffic was not assigned to the northbound SR -73 MacArthur Boulevard off -ramp, because project traffic on northbound MacArthur Boulevard destined for the Lexus site would find the northbound SR -73 route to be more out -of- direction than staying on MacArthur Boulevard. The project therefore would not be expected to impact the flow and queuing on the ramp. 5 -2 With the discussion and understanding described above in Comment, additional analysis of queuing at these two locations is not needed. 5 -3 Comment noted. 5 -4 Comment noted. 5 -5 Comment noted. 5 -6 Comment noted. Newport Leras Response to Comments Final EIR 27 March 2005 I [1 I 1 NOTICE OF PUBLIC HEARING Newport Lexus (PA2004 -153) NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing on the application of Wilson Automotive Group for Newport Lexus for General Plan Amendment No. 2004 -004, PC Text Amendment No. 2004 -003, Use Permit No. 2004-026, Modification Permit No. 2005 -027 & Traffic Study No. 2004- 003 on property located at the southwest comer of the intersection of MacArthur Boulevard and Jamboree Road at 848, 888 Dove Street & 3901, 3931, 3961 MacArthur Boulevard. The property is located in the Newport Place Planned Community. The requested applications would authorize the re- development of an 8 acre site as an automobile dealership. The project applicant proposes to remove and /or demoiish all existing structures on the 8—acre property that presently support a 3 -acre Avis rental car storage facility and a 5 -acre parcel developed with three, two-story office buildings whose tenants include Platt College. The proposed Newport Lexus automobile dealership includes an automobile showroom comprising approximately 44,251 square feet comprised of a first level and a mezzanine and a parking structure (two- stories plus rooftop parking) that includes a first -floor automotive parts and service center encompassing approximately 75,542 square feet and accommodating approximately 80 service bays. The showroom will include a customer wine bar, which requires consideration pursuant to the Alcoholic Beverage Outlet ordinance. A Modification Permit is requested to allow the following encroachments of structures and uses within minimum setbacks: 1) Outdoor automobile display areas including display pads adjacent to Jamboree Rd. and MacArthur Blvd. encroaching approximately 12 feet within the 30 -foot landscape setback; 2) A 10 -foot high screen wall opposite the proposed service structure to encroach 20 feet within the 30- foot structure setback along Dove Street; 3) Outdoor storage of tires, new and waste oil, and trash receptacle within the 30 -foot setback along Dove Street behind the proposed screen wall; 4) A portion of the proposed showroom building to encroach up to 2 feet within the 30 -foot Dove Street setback; and 5) Automobile display pads to encroach 10 feet into the 10 -foot landscape setback along Dove Street. The dealership includes a customer car wash adjoins the south wall of the service facility. The proposed parking plan includes approximately 358 at grade parking spaces dispersed throughout the facility including 335 new and used car display spots, and 23 customer parking spaces. The two -story parking structure would accommodate approximately 185 employee parking spaces and storage of approximately 412 new vehicles. Access from MacArthur Boulevard would be provided at the north end of the site. This entrance would be a right -in, right -out only and would lead directly to the showroom. Along Dove Street access would be provided in three locations, at the north end of the site, at the intersection of Dove Street and Quail Street and at the southern end of the site near the car wash facility. NOTICE IS HEREBY FURTHER GIVEN that an Environmental Impact Report (SCH#2004081004) has been prepared in connection with the application noted above. No significant unavoidable impacts to the environment have been identified and mitigation measures have been identified. It is the present intention of the City to accept the Environmental Impact Report and supporting documents. The City encourages members of the general public to review and comment on this documentation. Copies of the Environmental impact Report and supporting documents are available for public review and inspection at the Planning Department, City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92658 -8915 (949) 644 -3225. NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on May 10, 2005, at the hour of 7:00 P.m, in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (949) 644-3200. ofi C�) I1)cFfi13V.) Ll -7B -o') ` `� � (� �`, La onne M. Harkless, City Clerk City of Newport Beach yJ 1.7T'Os �4 (r�'1 S4 t a� 4 -9L '8 t4 -34 077 t NOTICE OF PUBLIC HEARING Newport Lexus (PA2004 -153) NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing on the application of Wilson Automotive Group for Newport Lexus for General Plan Amendment No. 2004 -004, PC Text Amendment No. 2004 -003, Use Permit No. 2004 -026, Modification Permit No. 2005-027 & Traffic Study No. 2004- 003 on property located at the southwest corner of the intersection of MacArthur Boulevard and Jamboree Road at 848, 888 Dove Street & 3901, 3931, 3961 MacArthur Boulevard. The property is located in the Newport Place Planned Community. The requested applications would authorize the re- development of an 8 acre site as an automobile dealership. The project applicant proposes to remove and /or demolish all existing structures on the 8 —acre property that presently support a 3 -acre Avis rental car storage facility and a 5 -acre parcel developed with three, two -story office buildings whose tenants include Platt College. The proposed Newport Lexus automobile dealership includes an automobile showroom comprising approximately 44,251 square feet comprised of a first level and a mezzanine and a parking structure (two-stories plus rooftop parking) that includes a first -floor automotive parts and service center encompassing approximately 75,542 square feet and accommodating approximately 80 service bays. The showroom will include a customer wine bar, which requires consideration pursuant to the Alcoholic Beverage Outlet ordinance. A Modification Permit is requested to allow the following encroachments of structures and uses within minimum setbacks: 1) Outdoor automobile display areas including display pads adjacent to Jamboree Rd. and MacArthur Blvd. encroaching approximately 12 feet within the 30 -foot landscape setback; 2) A 10 -foot high screen wall opposite the proposed service structure to encroach 20 feet within the 30- foot structure setback along Dove Street; 3) Outdoor storage of tires, new and waste oil, and trash receptacle within the 30 -foot setback along Dove Street behind the proposed screen wall; 4) A portion of the proposed showroom building to encroach up to 2 feet within the 30 -foot Dove Street setback; and 5) Automobile display pads to encroach 10 feet into the 10 -foot landscape setback along Dove Street. The dealership includes a customer car wash adjoins the south wall of the service facility. The proposed parking plan includes approximately 358 at grade parking spaces dispersed throughout the facility including 335 new and used car display spots, and 23 customer parking spaces. The two -story parking structure would accommodate approximately 185 employee parking spaces and storage of approximately 412 new vehicles. Access from MacArthur Boulevard would be provided at the north end of the site. This entrance would be a right -in, right -out only and would lead directly to the showroom. Along Dove Street access would be provided in three locations, at the north end of the site, at the intersection of Dove Street and Quail Street and at the southern end of the site near the car wash facility. NOTICE IS HEREBY FURTHER GIVEN that an Environmental Impact Report (SCH#2004081004) has been prepared in connection with the application noted above. No significant unavoidable impacts to the environment have been identified and mitigation measures have been identified. It is the present intention of the City to accept the Environmental Impact Report and supporting documents. The City encourages members of the general public to review and comment on this documentation. Copies of the Environmental Impact Report and supporting documents are available for public review and inspection at the Planning Department, City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92658 -8915 (949) 644 -3225. NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on May 10. 2005, at the hour of 7:00 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (949) 644 -3200. La orine M. Harkless, City clerk` City of Newport Beach NOTICE OF PUBLIC HEARING Newport Lexus (PA2004 -153) NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing on the application of Wilson Automotive Group for Newport Lexus for General Plan Amendment No. 2004 -004, PC Text Amendment No. 2004-003, Use Permit No. 2004-026, Modification Permit No. 2005-027 & Traffic Study No. 2004 003 on property located at the southwest comer of the intersection of MacArthur Boulevard and Jamboree Road at 848, 888 Dove Street & 3901, 3931, 3961 MacArthur Boulevard. The property is located in the Newport Place Planned Community. The requested applications would authorize the redevelopment of an 8 acre site as an automobile dealership. The project applicant proposes to remove and /or demolish all existing structures on the 8—acre property that presently support a 3 -acre Avis rental car storage facility and a 5 -acre .parcel developed with three, two-story office buildings whose tenants include Platt College. The proposed Newport Lexus automobile dealership includes an automobile showroom comprising approximately 44,251 square feet comprised of a first level and a mezzanine and a parking structure (two- stories plus rooftop parking) that includes a first -floor automotive parts and service center encompassing approximately 75,542 square feet and accommodating approximately 80 service bays. The showroom will include a customer wine bar, which requires consideration pursuant to the Alcoholic Beverage Outlet ordinance. A Modification Permit is requested to allow the following encroachments of structures and uses within minimum setbacks: 1) Outdoor automobile display areas including display pads adjacent to Jamboree Rd. and MacArthur Blvd. encroaching approximately 12 feet within the 30 -foot landscape setback; 2) A 10 -foot high screen wall opposite the proposed service structure to encroach 20 feet within the 30- foot structure setback along Dove Street; 3) Outdoor storage of tires, new and waste oil, and trash receptacle within the 30 foot setback along Dove Street behind the proposed screen wall; 4) A portion of the proposed showroom building to encroach up to 2 feet within the 30 -foot Dove Street setback; and 5) Automobile display pads to encroach 10 feet into the 10 -foot landscape setback along Dove Street. The dealership includes a customer car wash adjoins the south wall of the service facility. The proposed parking plan includes approximately 358 at grade parking spaces dispersed throughout the facility including 335 new and used car display spots, and 23 customer parking spaces. The two -story parking structure would accommodate approximately 185 employee parking spaces and storage of approximately 412 new vehicles. Access from MacArthur Boulevard would be provided at the north end of the site. This entrance would be a right -in, right -out only and would lead directly to the showroom. Along Dove Street access would be provided in three locations, at the north end of the site, at the intersection of Dove Street and Quail Street and at the southern end of the site near the car wash facility. NOTICE IS HEREBY FURTHER GIVEN that an Environmental Impact Report (SCH#2004081004) has been prepared in connection with the application noted above. No significant unavoidable impacts to the environment have been identified and mitigation measures have been identified. It is the present intention of the City to accept the Environmental Impact Report and supporting documents. The City encourages members of the general public to review and comment on this documentation. Copies of the Environmental Impact Report and supporting documents are available for public review and inspection at the Planning Department, City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92658 -8915 (949)644 -3225. NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on May 10, 2005, at the hour of 7-00 mm. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (949) 644 -3200. Lej" Harldess, Ctty Clerk City of Newport Beach Smooth Feed Sheets"m Use template for 51600 427 221 08 427 221 09 427 221 10 1101 Associates LIc Feb Dove Street Partners LIc Sbs Dove Street Partners 1201 Dove St #100 220 Newport Beach Dr #20 901 Dove St #270 Newport Beach, CA 92660 Newport Beach, CA 92660 Newport Beach, CA 92660 427 221 11 42722301 427 241 04 Newt )ort One Ltd Macarthur Building LIc L S W Ltd 1601 E Olympic Blvd #360 2700 N Main St #780 1603 Emerald Bay Las Angeles, CA 90021 Santa Ana, CA 92705 Laguna Beach, CA 92651 42724105 427 241 09 427 241 10 Angela Wang Dabby Properties Co State Of California ways Div sio 9 Goody PO Box 1299 NO ST E or NUMBER Irvi , A 92618 Lake Forest, CA 92609 N ress Found, CA 427 241 13 42124201 427 24214 Gleuborough Fund Viii Llc State Of Califo tv & Hwys State Of California 89 Dove St NO ST AME or NUMBER PO Box 2304 Newport Beach, CA 92660 dress Found, CA Los Angeles, CA 90051 427 242 05 427 242 07 445 13104 State Of California Irvine Co Aetna Life Insur o PO Box 2.04 550 Newport Center Dr PO Box 1 Los An , CA 90051 Newport Beach. CA 92660 Ca d, CA 92013 445 131 28 445 132 09 445 132 11 %Vh1 1976 T Llc South Coast Thrift & Loan Bates Johnson B ' g Ltd 4490 Von an Ave Assn 18311 Vo arman Ave #910 Ne. Beach, CA 92660 19752 Macarthur Blvd Irv' , A 92612 Irvine. CA 92612 445 132 16 445 132 18 LPA, Inc. Cip Centerpoin Cip Centerpointe 123 5161 California Ave., Suite 100 2 M' son Dr 0270 19712 Macar vd ;Irvine, CA 92617 -8002 1 402 e. CA 92612 Irvine 92612 Attn: Gloria Broming 427 242 03 427 242 10 State of California State of Califor ' 427 241 05 Division of Highways Division o ghways Elevation Equities LLC 3347 Michelson Drive 3347 _.AKche lson Drive 9 Goodyear Suite 100 S ' 100 Irvine, CA 92618 -2001 Irvine, CA 92612 Irvine, CA 92612 445 131 28 445 131 04 PA2004 -153 - LEXUS Aetna Life Insurance Company Aetna Life 1 rance Company GP2004 -004, LIP2004 -026, PD2004 -003, C/o Deloitte & Touche LLP C/o Deloi & Touche LLP and TS2004 -003 P.O. Box 130174 P.O. 130174 848 & 888 Dove Street and Carlsbad, CA 92013 -0174 Car sbad, CA 92013 -0174 3901, 3931, & 3961 MacArthur Boulevard Wilson Automotive Group 445 132 16 CIP Centerpoint LLC 445 445 132 18 Centerpointe 123 LLC C/o Smyth Asset Management Co. 19762 MacArthur Blvd. 19762 MacArthur Blvd. #300 Irvine, CA 92612 Irvine, CA 92612 OAVERYO Address Labels 445 132 11 Bates Johnson Building Ltd. 19742 MacArthur Blvd. Irvine, CA 92612 Laser 5saTM Jam Free Printing www.avery.com Use Avery® TEMPLATE 5160® 1- 600 -G0- VERY a Ate® 5760® City of Irvine Diane Nguyen, Assoc. Plnr One Civic Center Plaza P. O. Box 19575 Irvine, CA 92623 -9575 City of Irvine Michael Haack, Mngr of Dev. Serv. One Civic Center Plaza P. O. Box 19575 Irvine, CA 92623 -9575 City of Irvine Michael Haack, ev. Serv. One Civic r Plaza P. O x 19575 me, CA 92623 -9575 C� City of Irvine Diane Nguyen, nr One Civic nter Plaza P. O ox 19575 Lp6ine, CA 92623 -9575 Hogle Ireland, Inc. David Lepo 42 Corporate Park Suite 250 Irvine, California 92606 Hogle Ireland, Inc. David Lepo 42 Corpor ark Suit tne, California 92606 CA] c y -n 1 L �09L5 d- e09L5 ®ANSAV ® ua�i4an lklp!4rd sam war COUNCIL AGENDA NO. 11 MEMORANDUM May 10, 2005 DATE: May 6, 2005 TO: Honorable Mayor and Members of the City Council FROM: David Lepo, Contract Planner 949 - 553 -1427, dlepo(cDhogleireland.com SUBJECT: May 10, 2005, City Council Agenda Item Wilson Automotive Group Included with this Memorandum are architectural plans and drawings for the proposed Newport Lexus automobile dealership (Attachment 7 to the City Council staff report) and the City's draft response to a letter from Mr. Robert J. Matthews regarding the Environmental Impact Report for this project (Attachment 10 to the City Council staff report). NEWPORT LEXUS ENVIRONMENTAL IMPACT REPORT RESPONSE TO ROBERT J. MATTHEWS LETTER DATED APRIL 21. 2005 Mr. Matthews submitted his comments immediately prior to the Planning Commission public hearing on April 21, 2005. The public comment period on the Environmental Impact Report (EIR) for Newport Lexus closed on January 12, 2005. None of the issues raised by Mr. Matthews require changes to the EIR or the EIR certification process. Mr. Matthews indicates that the parties he represents, the owners and managers of property at 901 Dove Street, did not receive appropriate noticing of completion of the Draft EIR or of the Planning Commission public hearing. Mr. Matthews acknowledged receipt on April 11, 2005, of the notice of Planning Commission public hearing indicating that the notice was mailed in a timely manner as required by State law. City records show that the Notice of Availability of the EIR for Newport Lexus was published in The Daily Pilot on November 27, 2004, as required by law and consistent with City policy. Responses to Mr. Matthews comments are provided below Procedural Objections Compliance with CCR's: The Newport Lexus project application includes requests for General Plan Amendment and for revision of the Planned Community text as required to allow an automobile dealership. Compliance with private covenants is not subject to EIR analysis and are not subject to approval by the City of Newport Beach. Negative Impacts Upon RESCO Building /Property Traffic on Quail and Dove: Prior to the Planning Commission public hearing, the City's Traffic Engineer and the EIR Traffic Consultant observed the intersection of Quail and Dove and obtained traffic counts for AM and PM peak periods. No extensive back -ups were observed. The intersection operates at Level of Service "B" or better in both AM and PM peak hours. Even with traffic generated by the Newport Lexus dealership, the intersection would not meet traffic signal warrants. The City's Traffic Engineer and the EIR Traffic Consulant indicate that Lexus dealership operations would not significantly impacts the operations of the Quail /Dove intersection and that no significant safety concerns exist or are expected to results from development and operation of the Lexus dealership. Issues raised relative to the Fletcher Jones dealership are not anticipated at the Lexus site. The Lexus site has better vehicular access and substantially greater on -site queuing areas for the car wash and for service customers as well as ample visitor parking. Unlike the Fletcher Jones dealership, car washes will be provided only for cars being prepared for delivery to the customer and those for which servicing in the service department has just been completed. As to concerns about test drives, the Planning Commission recommended a condition of project approval that requires the project proponent to limit new and used vehicle test drives to a prescribed route that will not impact vehicular movements at adjoining and nearby properties. Parking: The Lexus dealership will include thirty -five (35) customer parking spaces at the front entrance to the showroom. Up to 412 spaces for storage of vehicle inventory and 185 employee parking spaces are included in the parking structure. Eight stalls are provided in the service facility. In addition, the Planning Commission recommendation to City Council includes a condition requiring the project applicant to ensure that all employees park on -site. Design of the parking structure will accommodate additional parking levels should the need arise in the future. Landscaped median and turn pockets: A landscaped median is not needed to channel or control traffic on Dove Street. The southbound approach to the intersection is clearly marked and traffic turning left into the project site does so without significant back up or conflict. The traffic volume on northbound Dove Street does not warrant creation of a separate right turn pocket into the site. The intersection has been evaluated and will operate as LOS "B" or better as an all -way "stop" intersection after the project is developed and a traffic signal will not be needed or appropriate. Blind curve on Dove Street: The design of Dove Street provides adequate sight distance for drivers to make appropriate driving decisions. The new car showroom entrance from Dove Street offers a safe view of any oncoming traffic and the service department entrance from Dove Street is located at the "stop" controlled intersection of Dove and Quail. Relocate the service driveway: The proposed service driveway is designed to be in the same location as the existing driveway for the existing development. This intersection works well as a four -way stop intersection, as described above. Relocating the service drive would create an offset intersection that would remove the clear assignment of driver right -of -way through the intersection that currently exists and would increase turning conflicts, rather than reduce them. Routing of test drivers: As indicated above, the Planning Commission recommendation to City Council includes a condition limiting the route used for test drives. The approved test drive route would require that vehicles both leave and return to the Lexus site via the driveway at MacArthur. Vehicle off - loading in the public street: The turning radii at both driveways from Dove Street into the service facility are designed to allow automobile carriers to enter and exit at those locations for vehicle off - loading on -site at the service building /parking structure for convenient movement into inventory storage areas. Vehicle delivery is not allowed in the street. Visual impacts: The EIR includes a discussion of visual impacts as well as several photomontages. The project is of similar scale as surrounding development and would include design features comparable to other high quality buildings in the area. The project includes a visual- screening wall along Dove Street at the service facility to maintain the aesthetic qualities of that portion of the frontage and significant landscaping along the remainder of the Dove Street frontage. EIR Mitigation Measures M -3A.s through M -3A.8 will prevent impacts of site lighting on nearby properties. Value impacts: Impacts to property values are not an area of analysis under the California Environmental Quality Act. Lighting: The EIR includes an analysis of light and glare impacts and Mitigation Measures M -3A.s through M -3A.8 that address potential impacts. Noise impacts: Noise impacts were addressed in the Initial Study prepared in advance of the EIR. The site is surrounded by commercial uses which are not as sensitive to noise as are residential uses. During the construction phase, compliance with the City's construction noise ordinance is anticipated to mitigate impacts to a less than significant level. No sensitive noise receptors are located near the proposed dealership and the number of vehicle trips generated by the project will not increase significantly above existing levels and are not expected to result in significant increases in noise levels. ✓9� 00 09 O / / 1 RAMP / , O0 `trMha ,� T PA,�� — onec,w>HU. �Aoe � SERVICE DRIVE 4 , ` j' _I '4� iv�W CAR RAW :riva�LA vAv \. O�G �x \ - USS� X \% , `, .k %`. �� \uw \ \\ N .Iro NEW CAR DISPLAY Ir.. �. PRE -OWNED ? �` \" �\ Y,� �♦ :> , �,{ \ y A siouAr>E � i � DISPLAY i \ + % \ \\ DOVE STREET SITE PLAN — — — — MACARTHUR BOULEVARD S IT 1'_ MEW MCA Wotl Architects, Inc MEW � MCA 4w ibe s9®mo Po ob®M NEWPORT LEXUS SCI Q Carlile Coatsworth Architects, Inc WBWa' M¢U w Aw 919 ® 5. 9lIHOW SECTION "A -A" SECTION "B -B" s .Er =ma I ,y. .. SECTION "C -C" SC E.V =XQ NEWPORT LEXUS SCI SnVEgS COxSiFVCFIOx, IxC. t.a swims im �9AM�A m gg w w atw Architects, Inc 1YBW � meG Roe 9NH4®1 . Fo 9N®Ep -- x - rt - - - -- - i - -� - - T - -- - -.�.� � -mss- - -- - - - i y va v — uoo° � X111111(1111111 REPO 100000 WM 00 00 pp I O of OA 1 =........... rw of � oo oa a as a a as a it II � II I I I I III � III I I II II II i I l l \ �o W� - - - -, -- �- I - SHOWROOM BUILDING - FIRST LEVEL FLOOR PLAN SULE: "',- I.- 31S1050 ff NEWPORT LEXUS V SCI S9VER5 CONSIR VCIION. IMC Me Cadilew atswort Architects, Inc WB qm � G 4@ Rue 99 ® ® 1a 9tlbrmtb SHOWROOM BUILDING - SECOND LEVEL FLOOR PLAN SCALE' 1116 =11 100]2$0, FT NEWPORT LEXUS SCI um.scoNmVCi .'Nc siu av�� �u �4 AIWA O o l rl n., cm) SERVICE BUILDING - FIRST LEVEL FLOOR PLAN SCALE In 6'= I{ Cadile Coatw Architects. Inc t�Oryl � MeG m RtY @m 96® ® Fa 9WM NEWPORT LEXUS ! 83 SERVICE STALLS 70,700 SQ. FT SCI ii SERVICE BUILDING - SECOND LEVEL FLOOR PLAN SU E. 1111 -I' 1) l MeCoatmw Architects, Inc 20 NE Owl � U xve 99®FA h 9BMW NEWPORT LEXUS V 317 INVENTORY SPACES K.300 SO FT. SCI SnVENS COVSiRVCOIXI.InC SERVICE BUILDING -THIRD LEVEL FLOOR PLAN SCALE 1116- -1O Cadile Coatsworth Inc Nm Wm' MeG m � " moe 99Sf!m ie 9560W NEWPORT LEXUS V 95 INVENTORY SPACES 178 EMPLOYEE SPACES 7 H.C. SPACES 280 TOTAL SPACES 78,570 SO. FT. SCI SRVEPS CONSIwR�VCII(NJ. WC st U34AJ m„ ACCESS DRIVE ELEVATION JAMBOREE ROAD ELEVATION DOVE STREET ELEVATION MACARTHUR BOULEVARD ELEVATION Cathie w w alw Architects, Inc 11(BRw Me I' G 3& Roe 99® ® Fa 99®Tp NEWPORT LEXUS SCI S UERSC STRNCTIO ,INC. ,e. Fwva m.. a or rr Iva s+tcfT SERVICE DRIVE ELEVATION (SHOWROOM BUILDING) JAMBOREE ROAD ELEVATION (SHOWROOM BUILDING) DOVE STREET ELEVATION (SHOWROOM BUILDING) MACARTHUR BOULEVARD ELEVATION (SHOWROOM BUILDING) Cadlle eneG C CA wotl Architects, Inc N9 L�1 ' HE Noe 9BHdH9 Fa 9980W NEWPORT LEXUS SCI sAMNS CCNSTNVCTICN, INC v... wm asz<ws Ell _ � IIIIIIIIIIIIIIIIIIIIIIIIIIlu4.. rmmj ■■1■i■ ■ ■ ■ ■ ■■�I ■ ■ ■ ■Iil�l - iil lllllllll Iliiilii�::ii�l=� lil i_nl JAMBOREE ROAD ELEVATION (SHOWROOM BUILDING) DOVE STREET ELEVATION (SHOWROOM BUILDING) MACARTHUR BOULEVARD ELEVATION (SHOWROOM BUILDING) Cadlle eneG C CA wotl Architects, Inc N9 L�1 ' HE Noe 9BHdH9 Fa 9980W NEWPORT LEXUS SCI sAMNS CCNSTNVCTICN, INC v... wm asz<ws ACCESS DRIVE ELEVATION (SERVICE BUILDING) JAMBOREE ROAD ELEVATION (SERVICE BUILDING) DOVE STREET ELEVATION (SERVICE BUILDING) SERVICE DRIVE ELEVATION (SERVICE BUILDING) Cadile Coalswodh Archilecls, Inc MDM MUM Rue9B&1® 49b®14 NEWPORT LEXUS SCI S/�VEN$ CONSTN VGTId1. INC - 1 ■■■■■ ■■■■■ ■■■■■ iii maw i w■■■■ ■■■■■ ■■■■■ ■■■■i i■■■■ m ACCESS DRIVE ELEVATION (SERVICE BUILDING) JAMBOREE ROAD ELEVATION (SERVICE BUILDING) DOVE STREET ELEVATION (SERVICE BUILDING) SERVICE DRIVE ELEVATION (SERVICE BUILDING) Cadile Coalswodh Archilecls, Inc MDM MUM Rue9B&1® 49b®14 NEWPORT LEXUS SCI S/�VEN$ CONSTN VGTId1. INC ROBERT I MATTHEWS Attorney at Law 1201 Dove Street, Suite 100 Newport Beach, CA 92660 Phone: (949)261 -7737, Ext. 265 Cell: (949)274 -3031 rmatthews@presusa.com May 9, 2005 Hand Delivered Honorable Members of the City Council of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92660 Mr. Ronald E. Soderling General Partner SBS Dove Street Partners L.P. 901 Dove Street, Suite 270 Newport Beach, CA 92660 -3038 Mr. James Biram Resco Properties 901 Dove Street, Suite 270 Newport Beach, CA 92660 -3038 Re: Nevi port Lexus Dealership; PA2004 -153 Honorable Members: "RECEIVED AFTER AGENDA PRINTED "' V 5-1U -1>5 r N This office represents SBS Dove Street Partners L.P., and its general partner, Ronald E. Soderling, and Resco Properties and James Biram, Managing Partner (collectively, "Resco "). These parties are, respectively, the owners and manager of that certain two -story garden office building with a surface parking lot and related amenities, located at 901 Dove Street, Newport Beach, California (the "Resco Property "). The Resco Property is located at the NWC (northwest corner) of Dove and Quail Streets, directly opposite the main Dove Street service entrance of the Newport Beach Lexus dealership to be constructed and operated by the Wilson Automotive Group (the "Dealership "). Honorable Members of the City Council of Newport Beach May 9, 2005 Page 2 of 6 Procedural Background Mr. Biram of Resco and I attended the Planning Commission meeting of the City of Newport Beach (the "City") on April 21, 2005 (the "Planning Commission Meeting "). At my client's direction, and with their participation, this office prepared and submitted an objection letter dated April 21, 2005 (the "Resco Objection Letter "). Both Mr. Biram and I addressed the Planning Commission for the allotted three minutes apiece. The Chairman of the Planning Commission promised us that the Planning Commission would respond in writing to our Resco Objection Letter. We received the response on May 6. The letter does in fact address several of the concerns that we raised. The issue of traffic studies in the Quail/Dove corridor and surrounding intersections, however, is woefully inadequate or missing altogether, and is based solely on anecdotal observations. At the Planning Commission Meeting, the traffic consultants offered only anecdotal evidence, based on personal observations, of the Quail /Dove corridors. At the Meeting, the traffic consultants stated said they observed only three cars backed up at one time during rush hour, yet I myself have witnessed significantly greater congestion in the Bowsprit Drive/Dove Street area. Further, their observations were made only on one or two days, based upon current traffic patterns, and do not take into consideration the traffic and circulation issues associated with the proposed Dealership as a changed use. Essentially, my client believes that these cursory traffic observations are conclusionary, and fall well below what would be expected as a matter of empirical study by a traffic engineer. Further, the EIR and the traffic studies included within the EIR did not include any traffic counts on either Dove or Quail streets, or MacArthur Boulevard, all of which abut the Dealership. Moreover, the studies did not address traffic tie -ups at key intersections such as the intersections of Bowsprit Drive and both Dove Street and MacArthur Boulevard. The Chairman of the Planning Commission did not feel that Resco's objections were timely, notwithstanding that (i) Resco never received any contact from, or attended any meeting with, the Wilson Automotive Group nor any other party, save only the Notice (undated) of the Planning Commission Meeting, and (ii) the Notice of the Planning Commission Meeting specifically stated that written objections could be lodged with the Planning Commission at the meeting. At the Planning Commission meeting, the Planning Commission voted 5 -0 (with one member absent) to recommend approval of the Dealership to the Newport Beach City Council ( "NBCC "). Following the Planning Commission Meeting, Mr. Casey Griffin, who has been assisting Wilson Automotive Group with the real estate aspects of the Dealership, and who also spoke at the Planning Commission Meeting, agreed to meet with my client Honorable Members of the City Council of Newport Beach May 9, 2005 Page 3 of 6 on May 3, 2005 (the "May 3`d Follow -Up Meeting ") to discuss Resco's concerns. Also present at the meeting were (i) Mr. Frederick M. Fellows, RPA, the Director of Property Management with Glenborough Realty Trust Incorporated; he manages the mid -rise office building located at 895 Dove Street, located across Dove Street from the Dealership and across Quail Street from the Resco property, (ii) Mr. Don Bowers, one of the principal owners of the building located at 1001 Dove Street, the building that shares the common driveway with the Resco property, and (iii) Ms. Diane Baseman, a property manager who manages the property located at 1101 - 1111 Quail Street, which is located between the Glenborough managed building and the Fletcher Jones automotive storage surface lot (collectively, the "Adjacent Landowners "). Equity Office owns the office building (with an address of 3991 MacArthur Boulevard, but with access only from Dove Street), which adjoins the Dealership to the north. No representative of Equity Office attended the Planning Commission Meeting or the May 3`d Follow -Up Meeting. This letter summarizes the agreements reached between Mr. Griffin on behalf of the Wilson Automotive Group and Resco and the Adjacent Landowners. While this office represents only Resco, all of the Adjacent Property Owners (the ones who attended the May 3d Follow -Up Meeting) were in agreement with the proposed mitigation measures discussed at the meeting and the action plan set forth below. Mitigation Measures and Action Plan Please note that Resco no longer opposes the construction and operation of the Dealership, provided that the following mitigation measures and action plan are implemented, as applicable by the City or by the owner of the Dealership, and as agreed by Mr. Griffin at the May 3.d Follow -Up Meeting on behalf of the Wilson Automotive Group. Two primary mitigation measures were discussed at the May 3`d Follow -Up Meeting: (i) Traffic Mitigation, and (ii) Landscape and Other Visual Screening to mitigate the impacts of the Dealership on the Adjacent Landowners and to maintain the high professional standards of the surrounding area. At the May 3 d Follow -Up Meeting, Mr. Griffin and the Adjacent Landowners who attended agreed in principle to the action plan set forth below. Traffic Mitigation Both the Adjacent Landowners and Mr. Griffin, on behalf of Wilson Automotive Group, agreed that traffic concerns were vital to both and that any traffic issues that could not be resolved would have a detrimental effect on the operation and success of both the Honorable Members of the City Council of Newport Beach May 9, 2005 Page 4 of 6 Dealership and the office buildings owned by the Adjacent Property Owners (collectively, the "Affected Office Buildings'). We share traffic concerns. In light of the common concern about traffic issues, including traffic flow, pinch points, and ingress and egress to and from the Dealership and the Affected Office Buildings, the following agreements in principle were reached at the May 3`a Follow -Up Meeting: Further study by the City and/or Wilson Automotive Group is needed regarding traffic circulation. Expected "pinch points" and traffic jams include the Bowsprit Drive area, which already experiences heavy use as drivers attempt to enter onto MacArthur Boulevard during rush hour, and the proposed MacArthur entrance (clearly, the Dealership and the Adjacent Landowners both want the MacArthur entrance to help reduce traffic on Dove Street and access from the main arterial). The possibility of a traffic signal at the key intersection of Dove and Quail Streets was discussed. A possible stop sign at Dove and Bowsprit Drive as well as the possibility of making Bowsprit Drive a one -way street, with both lanes emptying out onto MacArthur Boulevard from Dove Street, were also discussed. During peak hours, and due to the double -blind corner between Bowsprit Drive and Quail, it is often dangerous exiting from the driveways of both the 901 and 1001 Dove Street office projects onto Dove Street. Measures need to be taken to slow traffic, or to regulate traffic, to ensure safe and efficient travel on Dove and Quail Streets. Resco continues to believe that traffic impacts and circulation issues were not adequately addressed in the EIR. Mr. Griffin agreed that further traffic study could benefit both parties and that our traffic concerns are aligned. Resco would like to see the City and/or Wilson Automotive Group prepare a traffic study that addresses the key Dove and Quail Street corridors and the exiting from Bowsprit Drive onto MacArthur Boulevard. The traffic study presented at the Planning Commission, in the opinion of Resco, "glossed over" the immediately adjacent streets of Quail and Dove, and focused instead on intersections over a half mile away from the Dealership. Furthermore, Resco would like the City to agree to monitor the Dove and Quail Street corridors on a regular basis to determine if future mitigation measures, including, but not limited to, additional traffic lights or stop signs, need to be implemented in order to enhance safety and achieve efficient traffic circulation. That said, Resco believe that such a targeted traffic study should not affect either the approval or timing of construction of the Dealership. Resco does not wish to adversely affect either the approval or the timing of the opening of the Dealership, currently scheduled for November of 2006. in Honorable Members of the City Council of Newport Beach May 9, 2005 Page 5 of 6 Landscape and Other Visual Screening At the May 3`a Follow -Up Meeting, Mr. Griffin agreed, on behalf of Wilson Automotive Group, to eliminate the currently planned row of display cars (perhaps a dozen or so) from the Dove Street perimeter of the dealership. These display pads were the ones referenced in the Notice of Public Hearing as sub -part (5) of the second paragraph, and were to encroach 10 feet into the 10 foot landscape setback along Dove Street. A shrub line, or more extensive or larger landscaping, as well as a berm that sloped downward from the northerly boundary of the Dealership property toward the most northerly entrance on Dove, were also discussed. As with traffic issues, it was agreed that Mr. Griffin would meet with his landscape architect on these issues and to make the necessary changes that would satisfy Resco's concerns. Specific landscape mitigation measures under consideration included increasing the size of the box trees from 36 inches to 48 inches, as well as obtaining data on the expected canopy sizes of the potocarpus trees in both sizes. In general, the Wilson Automotive Group appeared amenable to adding some additional landscaping, and perhaps a berm or shrubs, extending from the northerly boundary of the property to the most northerly entrance on Dove Street, as discussed above, to mitigate the visual impacts of the landscaping on the Adjoining Landowners and particularly on Resco as the property located immediately across the street from the Dealership. The Dealership's avd Resco's primary concerns are for the safety of their customers, as well as the visibility of their entrance to make it easy for customers to find them. Summary At the May 3`a Follow -Up Meeting, Resco and the other Adjacent Landowners in attendance agreed to withdraw their objections to the existence of the Dealership, and to instead focus on the pair of issues involving traffic and visual screening, as noted above. With respect to traffic, both the representative of the Dealership and the Adjacent Landowners in attendance share common concerns and a common desire to work together to address the traffic issues, including traffic circulation, so as to minimize traffic tie -ups and congestion. Regarding the visual screening, Mr. Griffin promised to get back to the Adjacent Landowners with the recommendations of his landscape architects and other consultants. Resco recognizes the value of the proposed Dealership to the City. Despite the issues that Resco has raised, Resco believes that the project will be a valuable asset to the City. Nonetheless, Resco believes that the ER is still seriously flawed, and that the full Honorable Members of the City Council of Newport Beach May 9, 2005 Page 6 of 6 impact of the project will not be seen for some years given the expected growth in operations of the Dealership over time. Resco is currently satisfied that efforts are being made to mitigate the impacts, and both the Wilson Automotive Group and Resco are generally in alignment as to the mitigation efforts that need to be made in the short term. Given the foregoing, Resco now accepts the Dealership plan, reserving the pair of concerns noted above. The Wilson Automotive Group has demonstrated sensitivity to Resco's concerns and Resco is hopeful that appropriate mitigation measures designed to reduce both traffic impacts and visual impacts can be incorporated into the final design of the Dealership property, and the routing of traffic on the immediately affected streets. Very t ly yours, Robert J. 1\ Jhew s , Esq. cc: Mr. Casey Griffin, Wilson Automotive Group (via e -mail sent by Jim Biram) Mr. Don Bowers, Bowers Perez Associates Ms. Diane Baseman, Mesa Management, Inc. Mr. Bruce Ibbetson, ZMI Real Estate, LLC Mr. Brad Schroth, The PRES Companies Mr. Frank Campbell, Equity Office Mr. Fred Fellows, Glenborough Realty Trust Mr. Rob Friedman, Coco's ■� JAMES BIRAM ■ ♦ Principal 907 DOVE STREET. SUITE 270 NEWPORT BEACH RESC'O 1 949-756- 2009EXT. 7098 949 -756 -5777 FAX i mo roscc.us SHURGAIRD aHibale 0 Authorized to Publish Advertisements of all kinds including public notices by Decree of the Superior Court of Orange County, California. Number A -6214, September 29, 1961, and A -24831 June 11, 1963- PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a parry to or interested in the below entitled matter. I am a principal clerk of the NEWPORT BEACH - COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: APRIL 30,2005 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on APRIL 30,2005 at Costa Mesa, California. 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