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HomeMy WebLinkAbout09 - The Koll CompanyCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. q January 9, 2007 TO: I HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Rosalinh Ung, Associate Planner (949) 644 -3208 rung@city.newport-beach.ca.us SUBJECT: Koll Center Newport 4450 MacArthur Blvd. General Plan Amendment No. 2006 -003 (PA2006 -095) APPLICANT: The Koll Company ISSUE Should the City Council adopt a Mitigated Negative Declaration and approve a General Plan Amendment to increase the total gross floor area of general office in Anomaly Site 1 of the Airport Area (Statistical Area 1-4) of the Land Use Element by 24,016 gross square feet? RECOMMENDATION Staff recommends that the City Council, after holding a public hearing, adopt Resolution fro. 2007 -_ approving General Plan Amendment No. 2006 -003 and adopting Mitigated Negative Declaration (SCH No. 2006 -081039). DISCUSSION The Koll Company requests that the total allowable building area for Anomaly Site 1 of the Airport Area (Statistical Area 1-4) of the Land Use Element of the General Plan be increased by 24,016, square feet. This General Plan Amendment will bring the General Plan and Zoning Ordinance Into conformity and effectuate an October 2006 amendment of the. Koll Center Newport Planned Community. Amendment of the Koll Center Newport Planned Community transferred 24,016 square -feet of allowable building area from Office Site B to Office Site A of the Koll Center Newport Planned Community Development Plan. Koll's. current request for a General Plan Amendment is substantially the same as that previously approved by City Council in October 2006 that amended both the Koll Center Newport Planned Community and the then - current General Plan. The updated General Plan subsequently approved by voters in November 2006, however, does not include the increase in allowable building area approved by City Council in October and the request for 24,016 additional square -feet of General Plan allocation is again before City Council. Koll Center Newport January 9, 2007 Page 2 Koll Company has requested the amendments to accommodate construction of a two -story, 21,311 square -foot, corporate headquarters office building. The 1.49 -acre proposed construction site is centrally located in Office Site A of the Koll Center Newport Planned Community. The proposed 40 -foot high building is to be constructed over a 17 -space subterranean parking garage. The building features a modern, contemporary architectural design which consists of glass and stone fascia and stucco wall elements A summary of recommended City Council actions is included below. Detailed discussion of the amendment is provided in the attached Planning Commission and previous City Council staff reports. General Plan Amendment The 2006 Land Use Element allocates a maximum of 436,079 gross square feet for non -hotel uses for Koll Center Newport Office Site A (Sub -Area 1 -1) which would not accommodate the proposed office building construction. This floor area limit includes the projected growth of 1,740 square. feet for Steadfast Investment Properties permitted by General Plan Amendment No. 2005 -007 and 1,222 square feet for the Pacific Club.atter •colnpletion.`of.their current expansion authorized by GPA 97 -3(E) (both of which amendments were incorporated in the 2006 General Plan). The General Plan floor area limit for Koll Center Office Site A does not account for 24,016 square feet. of additional retail, office, and restaurant building area authorized in the Koll Center Newport Planned Community. The 24,016 square feet of additional floor area . included in the Koll Center Newport Planned Community were authorized prior to adoption of the 1988 Land Use Element but were not added to the permissible building areas subsequently set forth in the 1988 and 2006 General Plan Land Use Elements. The General Plan Amendment would eliminate the discrepancy between the 2006 General Plan Land Use Element and the Koll Center Newport Planned Community. The General Plan Amendment would increase the maximum permissible floor area within Koll Center Newport Office Site A from 436,079 to 460,095 gross square -feet. The General Plan Land Use Element presently allocates a maximum of 1,062,648 gross square feet to Koll. Center Newport Office Site B (Sub -Area 1 -2). This total includes a projected growth of 1,750 gross square feet for Master Development Corporation authorized by General Plan Amendment No. 2004 -006. No additional development within this block is anticipated in the General Plan as noted in the estimated growth table within the Land Use .Element. In the course of reviewing this application, however, staff reviewed all building .permits for.Koll Center Newport Office Site B and found that the existing building area is overstated in the General Plan Land Use Element. Accordingly, staff recommends that City Council amend Table LU2 of the General Plan Land Use Element by reducing the "Development Limit" for Anomaly Location No. 2 by 2,502 square feet, from 1,062,648 square feet to 1,062,146 square feet. The proposed changes to Statistical Area L4 of the General Plan are shown in Exhibit "A" to the draft City Council Resolution (Attachment A). Koll Center Newport January 9, 2007, Page 3 Charter Section 423 Analysis The proposed amendment has been evaluated for compliance with City Charter Section 423. As shown in the following chart, the proposed general plan amendment and prior amendments would not exceed the 100 peak hour trip or 40,000 square -foot thresholds. A vote pursuant to Charter Section 423 is not, therefore, required. Amendment Area A.M. Peak Hour Trips P.M. Peak Hour Trips Prior Amendments - None N/A N/A N/A Proposed Amendment 24,016 42.7 41.3 Total 24,016 42.7 41.3 Previous Actions The Planning Commission reviewed the proposed General Plan Amendment on September 7 and 21, 2006, and on a 4 -0 -1 vote (2 absent and one abstention), recommended City council- approval of the proposed amendment. The Planning Commission evaluated the project in the context of both the 1988 and 2006 General Plan Land Use Elements. Environmental Review A Mitigated Negative Declaration (MND) has been prepared by EDAW, Inc. for the proposed project in accordance with the implementing guidelines of the California Environmental Quality Act (CEQA) (Attachment #F). No significant unavoidable impacts are identified based upon a comparison of the proposed project with established thresholds of significance. The MND was circulated for public review between August 10 and September 5, 2006. Comments were received from Orange County Airport Land Use Commission, City of Irvine and California Cultural Resource Preservation Alliance, Inc. Responses to comments received are included in the Errata attached to the MND. Public Notice Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the city website. Prepared by: Submitted by: �. Rosalinh M. Ung, Asso to tanner David Lepo, Pofthing Director Attachments: A. Draft City Council Resolution with revisions to Statistical Area L-4 Koll Center Newport January 9, 2007 Page 4 B. Planning Commission Resolution No. 1697. C, City Council staff report and minutes from October 10, 2006 meeting. D. Excerpt of the staff report and minutes from the September 7 and 21, 2006, Planning Commission meetings without attachments. E. Initial Study /Mitigated Negative Declaration with Errata and Response to Comments. F. Project Plans ATTACHMENT A DRAFT CITY COUNCIL RESOLUTION 5 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING GENERAL PLAN AMENDMENT NO. 2006 -003, AN AMENDMENT TO THE 2006 LAND USE ELEMENT TO INCREASE THE DEVELOPMENT ALLOCATION BY 24,016 GROSS SQUARE FEET IN KOLL CENTER NEWPORT OFFICE SITE A OF STATISTICAL AREA L4 (AIRPORT AREA) (PA 2006 -095) WHEREAS, an application was filed by The Koll Company with respect to Office Sites A and B of the Koll Center Newport Planned Community generally bounded by MacArthur Boulevard to the west, Birch Street to the north and northeast and Jamboree Road to the southeast, requesting a General Plan Amendmend to increase the maximum gross floor area permitted in Office Site A (Anomaly 1 of Table LU2) of the Statistical Area L4 (Airport Area) by 24,016 square feet. The applicant is proposed to facilitate the construction of a 21,311 square foot, two -story office building over a subterranean parking garage on a 1.49 -acre site at 4450 MacArthur Boulevard; and WHEREAS, on September 7, 2006, the Planning Commissionconducted::a public hearing in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. After receiving public comments, the Planning Commission closed the public hearing and continued the project to the September 21, 2006 meeting; WHEREAS, at the September 21, 2006 meeting, the Planning Commission, with a vote of 4 ayes (2 absents and one abstain), recommended adoption of the Mitigated Negative Declaration including the Mitigation Monitoring and Report Program, and approval of General Plan Amendmend No. 2006 -003 and Planned Community Development Amendment No. 2006- 001. The Planning Commission evaluated the project in the context of the 1988 Land Use Element and the 2006 Land Use Element since the adopted General Plan update was not considered by the voters at the time when the Commission took action; and WHEREAS, at the October 10, 2006 meeting, the City Council adopted the Mitigated Negative Declaration including the Mitigation Monitoring and Report Program and approved a General Plan Amendment to the 1988 Land Use Element, to increase the total gross floor area of general office in Sub -Area 1 -1 (Office Site A) of the Airport Area (Statistical Area L4) by 24,016 gross square feet and Planned Community Development Amendment to allow the transfer of 24,016 gross square feet of unused retail, restaurant and office square footage from Office Site B to Office Site A of the Koll Center Newport; and WHEREAS, on November 7, 2006, the voters approved the 2006 General Plan Update. The 1988 Land Use Element is no longer valid and now superseded by the 2006 General Plan. Since the 2006 Land Use Element does not account for the proposed project, the proposed amendment is, therefore, necessary to accommodate the proposed development; and I Page 2 of 5 WHEREAS, a public hearing was held by the Newport Beach City Council on January 9, 2007 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the City Council at this meeting; and WHEREAS, the project site is designated Administrative, Professional, & Financial Commercial by the General Plan Land Use Element. The City has adopted Planned Community District Regulations (PC -15 Koll Center) that establish development standards and use regulations to implement the General Plan. The property is presently improved with a paved common parking area for Office Site A; and, 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 commercial floor area limitations; and WHEREAS, the Land Use Element presently allocates a maximum of 436,079 gross square feet for non hotel uses for Koll Center Newport Office Site A (Anomaly No. 1 of Table LU2). This floor area limit includes the projected growth of 1,740 square feet for Steadfast Investment Properties permitted by General Plan Amendment No. 2005 -007 and 1,222 square feet for the Pacific Club remaining after the implementation of their current expansion authorized by GPA 97 -3(E). No additional growth within this block is anticipated as noted in Table LU2 (Anomaly Locations) of the Land Use Element; and, WHEREAS, the Land Use Element presently allocates a maximum of 1,062,648 gross square feet to Koll Center Newport Office Site B (Anomaly No. 2 of Table LU2). This total includes a projected growth of 1,750 gross square feet for Master Development Corporation authorized by General Plan Amendment No. 2004 -006. No additional growth within this block is anticipated as noted in Table LU2 (Anomaly Locations) of the Land Use Element; and, WHEREAS, a recent review of all existing building permits within Koll Center Newport Office Site B, revealed that the overall building gross floor area of this area is approximately 1,060,146 square feet, which is 2,502 square feet less than the current maximum contained within the Land Use Element (1062,648 current maximum — 1,060,146 existing = 2,502). The total existing floor area of Office Area B was derived from a combination of building plans and permits and it is believed to be more accurate than the estimate included within the 2006 Land Use Element; and, WHEREAS, the Koll Center Newport Planned Community presently authorizes 24,016 square feet of additional retail, office and restaurant floor area beyond that anticipated for Steadfast Investment Properties, Master Development Corporation and the Pack Club. This un -built floor area was authorized prior to the original adoption of the 1988 and 2006 Land Use Elements. The 2006 Land Use Element established gross floor area limits at existing levels without accounting for the un -built floor area; and, I Page 3 of 5 WHEREAS, to eliminate the discrepancy between the Land Use Element and the Koll Center Newport Planned Community, the Koll Company requests an increase in gross floor area authorized by the General Plan to accommodate the additional development contemplated by the Koll Center Planned Community; and, WHEREAS, the Land Use Policy No. 4.3 of the 2006 Land Use Element sets criteria for the transfer of development rights from a property to one or more other properties. The project would not be in conflict with this policy as the proposed transfer of development rights would occur within the same statistical area. The reduction of allowed development within the donor site would serve to reduce traffic trips (general office uses generate fewer trips than restaurant or retail uses) and therefore, would not result in any impacts to the local circulation system. The proposed development to be located on the receiver site has been designed with an architectural style is compatible with existing development in the business complex; and, WHEREAS, the Land Use Policy No. 5.3.6 of the 2006 Land Use Element requires that adequate parking be provided and is conveniently located to serve tenants and customers. Set open parking lots back from public streets and pedestrian ways and screen with buildings, architectural walls, or dense landscaping. Parking for the new office building would be provided in a combination of surface and below =grade lots immediately adjacent to the proposed structure. The parking areas will be convenient and accessible to the tenants and customers. Views of the parking lot would be minimized through the placement of parking underground and through the placement of the structure nearest to the public sidewalk that would serve to shield the existing parking lot to the east of the building. Landscaping of the lot is also proposed; and, WHEREAS, Charter Section 423 requires all proposed General Plan Amendments to be reviewed to determine if the square footage, peak hour vehicle trip or dwelling unit thresholds have been exceeded and a vote by the public is required. This project has been reviewed in accordance with Council Policy A -18 and a voter approval is not required as the project represent an increase of 42.7 — A.M. and 41.3 P.M. peak hour trips, 24,016 gross square feet of non - residential floor area and zero residential units. These increases, when added with 80% of the increases attributable to four previously approved amendments (GP2001 -004, GP2004 -004, GP2004 -006 and GP2005 -007), result in a total of 66.1 — A.M. peak hour trips and 72.5 — P.M. peak hour trips and a total increase in 28,080 square feet do not cumulatively exceed Charter Section 423 thresholds for a vote. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Newport Beach does hereby approve General Plan Amendment No. 2006 -003 by amending Anomaly No. 1 of Table LU2 of the 2006 Land Use Element as depicted in Exhibit "A" and subject to the standard code requirements listed in Exhibit "B" of City Council Resolution No. 2006 -91. M Page 4 of 5 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 January 9, 2007 by the following vote to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT, COUNCIL MEMBERS ATTEST: CITY CLERK MAYOR 1b Page 5 of 5 Exhibit "A" The following changes to the maximum gross floor area within the 2006 Land Use Element and all other provisions of the 2006 Land Use Element would remain unchanged: Table LU2 Anomaly Locations Anomaly Number Statistical Area Land Use Designation Development Limits Development Limit Other Additional Information 1 L4 MU -1-12 436,979 471 Hotel 460,095 Rooms (Not included in total square footage 2 L4 MU -1-12 4,062,648 1,060,146 l� ATTACHMENT B PLANNING COMMISSION RESOLUTION 1697 13 RESOLUTION NO. 1697 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING THAT THE CITY COUNCIL ADOPT MITIGATED NEGATIVE DECLARATION (SCH NO. 2006 - 081039) AND APPROVE GENERAL PLAN AMENDMENT NO. 2006 -003 TO INCREASE THE DEVELOPMENT ALLOCATION OF STATISTICAL AREA L4, KOLL CENTER NEWPORT OFFICE SITE A BY 24,016 GROSS SQUARE FEET AND PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT NO. 2006 -001 TO INCREASE THE DEVELOPMENT ALLOCATION FOR PROFESSIONAL AND BUSINESS OFFICES OF SITE A AND ELIMINATE THE ENTIRE RETAIL SITE #1, AN UNDEVELOPED PORTION OF RESTAURANT SITE #2 AND THE ENTIRE RESTAURANT SITE#5 (PA 2006 -095) WHEREAS, an application was filed by The Koll Company with respect to Office Sites A and B of the Koll Center Newport Planned Community generally bounded by MacArthur Boulevard to the west, Birch Street to the north and northeast and Jamboree Road to the southeast, requesting a General Plan Amendmend to increase the maximum gross floor area permitted in Sub -Area 1 -1 (Office Site A) of the Airport Area (Statistical Area L4) by 24,016 square feet and an amendment to the Koll Center Newport Planned Community (PC -15) to allow the transfer of 24,016 gross square feet of unused retail, restaurant and office square footage from Office Site B to Office Site A. The aplications are requested to facilitate the construction of a 21,311 square foot, two -story office building over a subterranean parking garage on a 1.49 -acre site at 4450 MacArthur Boulevard; and WHEREAS, a public hearing was held on September 7, 2006, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting; and 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 commercial floor area limitations; and WHEREAS, the project site is designated Administrative, Professional, & Financial Commercial by the General Plan Land Use Element. The City has adopted Planned Community District Regulations (PC -15 Koll Center) that establish development standards and use regulations to implement the General Plan. The property is presently improved with a paved common parking area for the Office Site A; and, WHEREAS, the Land Use Element presently allocates a maximum of 436,079 gross square feet for non hotel uses for Koll Center Newport Office Site A (Sub -Area 1 -1). This floor area limit includes the projected growth of 1,740 square feet for Steadfast Investment Properties permitted by General Plan Amendment No. 2005 -007 and 1,222 square feet for the Pack Club remaining after the implementation of their current expansion authorized by GPA t6 Planning Commission Resolution No. Page 2 of 19 97 -3(E). No additional growth within this block is anticipated as noted in the estimated growth table within the Land Use Element; and, WHEREAS, the Land Use Element presently allocates a maximum of 1,062,648 gross square feet to Koll Center Newport Office Site B (Sub -Area 1 -2). This total includes a projected growth of 1,750 gross square feet for Master Development Corporation authorized by General Plan Amendment No. 2004 -006. No additional growth within this block is anticipated as noted in the estimated growth table within the Land Use Element; and, WHEREAS, a recent review of all existing building permits within Koll Center Newport Office Site B, revealed that the overall building gross floor area of this area is approximately 1,060,146 square feet, which is 2,502 square feet less than the current maximum contained within the Land Use Element (1062,648 current maximum — 1,060,146 existing = 2,502). The total existing floor area of Office Area B was derived from a combination of building plans and permits and it is believed to be more accurate than the estimate included within the 1988 Land Use Element; and, WHEREAS, the Koll Center Newport Planned Community presently authorizes 24,016 square feet of additional retail, office and restaurant floor area beyond that anticipated for Steadfast Investment Properties, Master Development Corporation and the Pacific Club. This un -built floor area was authorized prior to the original adoption of the 1998 Land Use Element. The 1988 Land Use Element established gross floor area limits at existing levels without accounting for the un -built floor area; and, WHEREAS, to eliminate the discrepancy between the Land Use Element and the Koll Center Newport Planned Community, the Koll Company requests an increase in gross floor area authorized by the General Plan to accommodate the additional development contemplated by the Koll Center Planned Community; and, WHEREAS, the General Plan provides for a sufficient diversity of land uses so that schools, employment, recreation areas, public facilities, churches and neighborhood shopping centers are in close proximity to each resident of the community. The proposed project would increase the development allocation in the Office Area A by 24,016 square feet; however, only a total of 21,311 square feet would be used for the construction of the new office building to be occupied by the Koll Company. The remaining un -built square footage of 2,705 would be reserved for future office development within Office Area A. Although the proposed amendment to the Koll Center Newport Planned Community eliminates a potential small retail site (10,000 square feet) and two potential restaurant sites (totaling 14,000 square feet), the Planned Community allows unused floor area allocated for these uses to be converted to professional and business office use (Section Group V - Restaurants). The project is consistent with this policy as the change of uses does not significantly alter the character of the area and the resulting office development is consistent with the surrounding uses and is consistent with the Land Use Designation of the Land Use Element; and, WHEREAS, the Land Use Element of the General Plan allows for the redevelopment of older or underutilized properties to preserve the value of property by allowing for some modest growth, while maintaining acceptable levels of traffic service. The project consists of an 1 L Planning Commission Resolution No. Page 3 of 19 increase of 24,016 square feet of proposed for office development. The proposed development is anticipated to generate less than 300 daily trips and therefore, does not required the preparation of a traffic analysis pursuant to the City's Traffic Phasing Ordinance; and, therefore it is consistent with Policy B; and, WHEREAS, the City's General Plan indicates that the City shall maintain suitable and adequate standards for landscaping, sign control, site and building design, parking and undergrounding of utilities to ensure that the quality character of residential neighborhoods are maintained and that commercial and office projects are aesthetically pleasing and compatible with surrounding land uses. The City implements this policy through the Koll Center Planned Community Text. The project is designed to meet all applicable development standards contained within. The proposed building height, size; and, architectural design of the project will be physically compatible with the existing and surrounding professional office and commercial developments; and, WHEREAS, Charter Section 423 requires all proposed General Plan Amendments to be reviewed to determine if the square footage, peak hour vehicle trip or dwelling unit thresholds have been exceeded and a vote by the public is required. This project has been reviewed in accordance with Council Policy A -18 and a voter approval is not required as the project represent an increase of 42.7 — A.M. and 41.3 P.M. peak hour trips, 24,016 gross square feet of non - residential floor area and zero residential units. These increases, when added with 80% of the increases attributable to four previously approved amendments (GP2001 -004, GP2004 -004, GP2004 -006 and GP2005 -007), result in a total of 66.1 — A.M. peak hour trips and 72.5 — P.M. peak hour trips and a total increase in 28,080 square feet do not cumulatively exceed Charter Section 423 thresholds for a vote; and, WHEREAS, the Land Use Policy No. 4.3 of the 2006 Land Use Element sets criteria for the transfer of development rights from a property to one or more other properties. The project would not be in conflict with this policy as the proposed transfer of development rights would occur within the same statistical area. The reduction of allowed development within the donor site would serve to reduce traffic trips (general office uses generate fewer trips than restaurant or retail uses) and therefore, would not result in any impacts to the local circulation system. The proposed development to be located on the receiver site has been designed with an architectural style is compatible with existing development in the business complex; and, WHEREAS, the Land Use Policy No. 5.3.6 of the 2006 Land Use Element requires that adequate parking be provided and is conveniently located to serve tenants and customers. Set open parking lots back from public streets and pedestrian ways and screen with buildings, architectural walls, or dense landscaping. Parking for the new office building would be provided in a combination of surface and below -grade lots immediately adjacent to the proposed structure. The parking areas will be convenient and accessible to the tenants and customers. Views of the parking lot would be minimized through the placement of parking underground and through the placement of the structure nearest to the public sidewalk that would serve to shield the existing parking lot to the east of the building. Landscaping of the lot is also proposed; and, �I Planning Commission Resolution No. Page 4 of 19 WHEREAS, the amendment to the Koll Center Planned Community Text to allow the conversion of retail site #1, an undeveloped portion of restaurant site #2 and the entire restaurant site #5 from Office Site B, a total of 24,016 square feet, to professional and business office use is consistent with the provisions stated in Group V and VI of the Planned Community Development Standards that allows retail and restaurant acreage not utilized for that purpose to be developed as office use; and WHEREAS, the proposed office development meets all the development standards for building setbacks and on -site parking; and WHEREAS, an Initial Study and Mitigated Negative Declaration (MND) have been prepared in compliance with the Environmental Quality Act (CEQA), the State CEQA Guidelines; and, City Council Policy K -3. The Draft MND was circulated for public comment between August 4 and September 5, 2005. Comments were received from Orange County Airport Land Use Commission, City of Irvine and California Cultural Resource Preservation Alliance, Inc. The contents of the environmental document, including comments on the document, have been considered in the various decisions on this project; and, WHEREAS, on the basis of the entire environmental review record, the proposed project will have a less than significant impact upon the environment and there are no known substantial adverse affects on human beings that would be caused. Additionally, there are no long -term environmental goals that would be compromised by the project, nor cumulative impacts anticipated in connection with the project. The mitigation measures identified and incorporated in the Mitigation Monitoring and Reporting Program are feasible and reduce potential environmental impacts to a less than significant level. NOW THEREFORE, THE PLANNING COMMISSION HEREBY RESOLVES AS FOLLOWS: Section No. 1. The Planning Commission of the City of Newport Beach does hereby find, on the basis of the whole record, that there is no substantial evidence that the project will have a significant effect on the environment and that the Mitigated Negative Declaration reflects the Planning Commission's independent judgment and analysis. The Planning Commission hereby recommends that the City Council adopt Mitigated Negative Declaration SCH No. 2006 - including the Mitigation Monitoring and Reporting Program attached therewith. The document and all material which institute the record upon which this decision was based on file with the Planning Department, City Hall, 3300 Newport Boulevard, Newport Beach, California. Section No. 2. Based on the aforementioned findings, the Planning Commission hereby recommends approval of General Plan Amendment No. 2006 -003 affecting the 1988 Land Use Element as amended per Exhibit "A" Section No. 3. The Planning Commission hereby also recommends approval of General Plan Amendment No. 2006 -003 per Exhibit "B" Section No. 4. The Planning Commission hereby recommends approval of Planned Community Development Plan Amendment No. 2006 -001 per the revised Koll Center Newport j� Planning Commission Resolution No. Page 5 of 19 Planned Community District regulations depicted in Exhibit "C" subject to the standard code requirements listed in Exhibit "D ". PASSED, APPROVED AND ADOPTED THIS 21'st DAY OF SEPTEMBER 2006. AYES: Eaton, Hawkins. Cole and Toerge ABSENT: Henn and Peotter ABSTAIN: McDaniel 0 Planning Commission Resolution No. Page 6 of 19 Exhibit "A" The following changes should be made to the Land Use Element and all other provisions of the Land Use Element shall remain unchanged: Airport Area (Statistical Area L4) 1 -1. KCN Office Site A. This site is designated for Administrative, Professional and Financial Commercial land use and is allowed 436,079 460,095 sq. ft. plus 471 hotel rooms. [GPA97- 3(E)][GP 2006 -003]. 1 -2 KCN Office Site B. This site is designated for Administrative, Professional and Financial Commercial land use and is allowed 1,06899 1,060,146 square feet)[GP 2006 -003]. Support retail commercial uses are allowed within this allocation. M Planning Commission Resolution No. Page 7of19 ;�1 ESTIMATED GROWTH FOR STATISTICAL AREA L4 Residential (in du's) Commercial (in sq. ft.) Existing Gen. Plan Projected Existing Gen. Plan Projected 0110111987 Projection Growth 01/01/1987 Projection Growth 1 -1. KCN OSA 0 0 0 * ** 780,223 810,483 834,201 29,962 53,978 1 -2. KCN OS B 0 0 0 1,060,898 * * ** 1,060,146 4,862,648 1,060,146 4-,3A 0 1 -3. KCN OS C 0 0 0 734,641 734,641 0 14. KCN OS D 0 0 0 250,176 250,176 0 1 -5. KCN OS E 0 0 0 27,150 32,500 5,350 1 -6. KCN OS F 0 0 0 31,816 34,500 2,684 1 -7. KCN OS G 0 0 0 81,372 81,372 0 1 -8. KCN OS 1 0 0 0 377,520 442,775 65,255 1 -9. KCN RS 1 0 0 0 52,086 120,000 67,914 1- Court 10. House 0 0 0 69,256 90,000 20,744 2 -1. NP BILK A 0 0 0 349,000 380,362 31,362 2 -2. NPBLK B 0 0 0 10,150 11,950 1,800 2 -3. NP BLK C 0 0 0 211,487 457,880 246,393 24. NP BLK D 0 0 0 274,300 288,264 13,964 2 -5. NP BLK E 0 0 0 834,762 860,884 26,122 2 -6. NP BLK F 0 0 0 225,864 228,214 2,350 NP BLK G & 2 -7. H 0 0 0 342,641 344,231 1,590 2 -8. NP BLK 1 0 0 0 99,538 378,713 279,175 2 -9. NP BLK J 0 0 0 ** 203,528 228,530 25,002 Campus 3 Drive 0 0 0 885,202 1,261,727 376,525 TOTAL 0 0 0 6,99 648 6,900,858 8,099,,332 8,121,066 ' "92 1,220,208 Revised Population 0 0 0 09/07/2006 •***Existing Existing square footage as of * *Existing as of 05/24/2005 as of 0112212002 'Existing as of 06/22/2006 09/07/2006 ;�1 Planning Commission Resolution No. Page 8 of 19 Exhibit "B" The following changes to the maximum gross floor area within the 2006 Land Use Element should be made provided the voters of Newport Beach affirmatively vote to enact the 2006 Land Use Element on November 7, 2006. All other provisions of the 2006 Land Use Element would remain unchanged: Table LU2 Anomaly Locations Anomaly Number Statistical Area Land Use Designation Development Limits Development Limit Other Additional Information 1 L4 MU -1-12 436,079 471 Hotel 460,095 Rooms (Not included in total square footage 2 L4 MU -1-12 1,962,648 1,060,146 �;a PART I1 • Section I. Group I • r 1 U 0 (3 0) Prop* KCN P.C. Text Amendment COMMERCIAL for New Koll Headquarters. Ittcorporates Prepared by Langdon Wilson 8/21/06 Rvsd Site Area and Building Area PROFESSIONAL & BUSINESS OFFICES Acreages shown are net buildable land area including landscape setbacks with property lines. (4) a Site A Site B Site C Site D Site E Site F Site G I:1 Site A Site B Site C Site D Site E Site F Site G 5 Building Sites (4) Total Acreage 30.939 acres 43.703 acres (11) 18.806 acres (10) 19.673 acres 2.371 acres 1.765 acres 5.317 acres (8) 122.574 acres (8)(10)(11 Allowable Building Area 674,800 square feet (I 0)(15) 240,149 square feet (8)(13) 32,500 square feet (4) 24,300 square feet (4) 45.000 square feet (8) Statistical Analysis (4) Office Acreage 30.939 acres 43.703 acres (11) 18.806 (10) 19.673 acres 2.371 acres 1.765 acres 5.317 acres (8) 122.574 acres (8)(10)(111 366, t47 (16) (29) (30) square feet 967,803 (13) (16) (28) (30) square feet The following stastics are for information only. Development may include but shall not be limited to the following: Story heights shown are average heights for possible development. The buildings within each parcel may vary. Assumed Parking Criteria: a. One (1) space per 225 square feet of net building area @ 120 cars per acre for sites C, D, E, F and G. 15 13 •(3x4) In addition &.399 acres of office use, there is 9.54 acre hotel and motel and 2.0 acres of lake within Office Site A. Therefore, there are 30.939 acres net within Office Site A. (3x4)(16) b. One (1) space per 300 square feet of net building area ct 120 cars per acre for Sites A, B and C. (11) Site A Allowable Building Area 342,131 square f ^6)(29) Site Area ..... 19.399 acres *(3)(4)(16) a. Building Height Two story development Three story development Four story development Five story development Six story development Seven story development Eight story development Nine story development Ten story development Eleven story development Twelve story development b. Parking ' ''ear s MIR90 U 366,147 square feet (16)(29)(30) Land Cove (16)(29)(30) 3.92 re 4.20 acres 2.`= 61 a2res 2.80 acres 1.96 aeres 2.10 acres '., 57 acres 1.68 acres 1.31 __"" 1.40 acres ' .' -.--12 aeFes 1.20 acres 9.98 awes 1.05 acres nn oo�aeres 0.93 acres 0.78 aeFe 0.84 Beres °.7v 71 aeFe 0.76 acres nn 65 acres 0.70 acres Land Coverage 10.18 acres (11)(16)(29)(30) C. Landscaped Open Space (4) (11) (16)Land Coverage (29i)( -3Q) Two story development 9tee; Three story development 7.30 aefes Four story development 7.5aere5 Five story development 8.'e , 4 acre Six story development 460 RPF°g Seven story development 8.'o 9 acres Eight story development 8. "o 93 acres Nine story development 9.04 acres Ten story development 9.13 acres Eleven story development 9.20 affeS Twelve story development 9.26 e; 2. Site B 5.02 acres • 6-42 acres 7.12 awes 7.54 acres 7.82 acres 8.02 acres 8.17 acres 8:29 acres 8.38 acres 8.461 acmes 8.52 acres Allowable Building Area ........ 965,2 qt +arm feet E- 1- '.N"28 ) ........967,803 square feet (13)(16) (28)(30) Site Area ........ 43.703 acres (4)(11) M • Is 0 a. Building Height • Two story development Three story development Four story development Five story development Six story development Seven story development Eight story development Nine story development Ten story development Eleven story development Twelve story development b. Parking 0 Land Coverage(16)(28)(30) ..... 11.08 awes 11.11 acres ........ 7.39-aeFe 7.41 acres ........ `.� 54aeres 5.55 acres ........ 4."� n acres 4.44 acres ........3.69 acres 3.70 acres ........3.� 1;gyres 3.17 acres 7 ........ ^�aeres 2.78 acres ........^ 16 ...._e_ 2.47 acres ........ 2.22 vu 2.22 acres ........^0mil nary° 2.02 acres ........ 1.85 aeres 1.85 acres Land Coverage (11) (13) (16) (28) (3 0) ........ 26.°� 82 acre 26.88 acres C. Landscaped Open Space (11) Land Coverage(11)(13)(16)(28)(30) square feet (15) (17)'" Two story development .......3:$0 acres 5.71 acres Three story development ........ 9.49-aefes 9.41 acres Four story development ..... 11.34 � ores 11.27 acres Five story development ..... 12.45 was 1238 acres Six story development ..... 13.1n 19 aeres 1 1.12 acres Seven story development ..... 13.'r 71 &eras 13.65 acres Eight story development ..... 14.11 n auras 14.04 acres Nine story development ..... 14.^^ 2 safes 14.15 acres Ten story development ..... 14.66 acres 14.60 acres • Eleven story development ..... 1 4.87 ass 14.80 acres Twelve story development ..... 1 5.03 acres 14.97 acres �J 3. Site C 00) Allowable Building Area ........674,800 square feet (15) (17)'" Site Area .......... 18.806 acres (4) a. Building Height Land Coverage (15) Two story development ........7.75 acres Three story development ........5.16 acres Four story development ........3.87 acres Five story development ........3.10 acres Six story development ........2.58 acres Seven story development ........2.21 acres Eight story development ........1.94 acres Nine story development ........1.72 acres Ten story development ........1.55 acres Eleven story development ........1.41 acres Twelve story development ........1.29 acres 17 A5 Group IV Group V E. *ding Heigh 0 Maximum building height shall not exceed height limits set by the Federal Aviation authority for Orange County Airport. SERVICE STATIONS A. Building Sites (4) (5) (11) Site 3: 1.765 acres ................ ..........................1.765 acres Service station site 3 shall be located within Office Site F and shall not exceed 1.765 acres in size. Any portion or all of Site 3 not utilized for service station use shall revert to either professional and business office use or restaurant use. (4) RESTAURANTS (1) (4) A. Building Sites Maximum acreages for Site 2 shall not exceed 1.25 (18) acres. Maximum acreage for Site 3: 1.765 acres. Maximum acreages for Sites 4 and 5 shall not exceed 3.0 acres. Maximum acreage for Sites 6 and 7 shall not exceed 2.2 acres. (8) (The following acreages are for information only.) Site 1 Site 2. Site 3. Site 4 Site 5 Site 6. Deleted see Group VII. ° yv Eli a tiw,:3. Site 7.......... (18) ..........1.25 acres ....1.765 acres 11:` s ....1.50 acres (8) ....0.70 acres (8) Q sic • u ...................... e i Beres 13{15 Site 1 Deleted see Group VII Private Club (18) Site 3 located within Office Site "F ". (4) Sites 2, 4 and 5 leeated- �.Alxit-hin Office Sete "B". (4) (16) Sit co Bell) located within Office SW�.Fe B? &3) 6)(3,0) Site`4`(1 00 "one "Arran Avenue. K�xp Restaurant) deleted and reverted -to Site B Professional and Business Office Allowable Building Area. (30) Site 5 deleted from Office Site `B" and transferred to Office Site "A" as Professional and Business Office Allowable Building Area (30) Sites 6 and 7 located within Office Site "G ". (8) Any portion or all of the restaurant, bar, theater /nightclub acreage for Sites 2, 4, 5, 6 or 7 not utilized for that purpose shall revert to professional and business office use. Any portion or all of the restaurant acreage for Site 3 not utilized for that purpose shall revert to either professional and business office use or service station use. (4) (8) (18) 22 is a(o The fdoing statistics are for information onliwevelopment may include but shall not be limited to the following. is B. Building Area (4) Site 2 . ...................3;900 sq. . ............ 0. 11 aeFe 2,397 sq. ft.... 0.06 acres (30) Site 3 ................... 10,000 sq. ft . ............ 0.22 acres Site -4 ..................... 7,000 sq. ft . ............ 0. 16 acres Site 5 ..................... 7,000 sq. ft . ............ 0. 16 aeres- Site 6 (8) ............... 7,000 sq. ft . ............ 0.16 acres Site 7 (8) ............... 3,000 sq. ft .............0.07 acres 19 Goo In ft. ., .. ...... ...... �� (8) (18) (8) {F8) (30) e ...0.51 acres (8) --( C. Parkin Criteria: 300 occupants/10,000 sq. ft I space/3 occupants and 120 cars per acre. Site 2 .........................38 ears . .............. 0. 4 eras 24 cars.......... 0.20 acres (30) Site 3 ........................100 cars . .............. 0.84 acres Site 4 ..........................70 oafs ............... 0.59 APrAs Site 5 ..........................70 eafs . .............. 0.58 acres Site 6 (8) ....................70 cars ............... 0.58 acres Site 7 (8) ....................30 cars ............... 0.25 acres � _40P, a Fq ............... 345_�ere_ (8) 0 8) • W-'rurs; ........ —1.81acres (8) (18),(30) D Landscaped Open Space (4) Site 2 ............................ 0.72 aeres ........................ ........ 0.99 acres (30) Site 3 . ...........................0.70 acres Site 4 ......A76 aeres Site 5 ............................0 arare-s Site 6 (8) ......................0.76 acres Site 7 (8) ......................0.38 acres 4.08 ........ ...........................1403 aer --e-s 2,.-8-3 _kms .............. ................ 2.83 acres (8) (18)13% E. Building Height Building height of structures shall be limited to a height of thirty-five (35) feet. Group VI. RETAIL & SERVICE CENTER A. Building Site (4) (5) 40 23 21 * I .. ..........................5.026 acres • Site 2 ............................ 1.s^zes Deleted (30) 6-3 2 6 Aeres ............................... 6- 32Fraeres 5.026 acres ................... ........5.026 acres (30) • Site 2 shall be located within Office Site `B. any portion or all of the retail and service Site 2 acreage not utilized for that purpose shall revert to professional and business office use. (4) (16) Site 2 deleted from Office Site "B" and transferred to Office Site "A" as Professional and Business Office Allowable Building Area. (30) B. Allowable Building Area (5) *Retail Site No. 1 ..................102,110 sq. ft. (14)(27) Retail Site No. 2 .................... . *Retail Site No. 1 (S. Ft.) Parcel Existing Total Parcel I,R/S 588 (H) (H) 70,630 Parcel 3,R/S 506 (R) (R) 0 (0) (0) 22,000 Parcel 4, R/S 506 (R) 4,115 (R) 21,896 (0) 0 (0) 5,474 Subtotal (0) (0) 27,474 (H) 70,630 Total 120,000 (14)(27) (R) = Retail (0) = Office (H)= Hotel C. Landscape Area (5) Twenty -five (25) percent of the 5.026 acres constituting retail and service center Site No. I shall be developed as landscape area. If twenty -five (25) percent of the 5.026 acres constituting retail and service center Site No. I is not developed as landscape area, a specific site plan shall be submitted to the City of Newport Beach Planning Commission for approval prior to the issuing of a building permit. D. Statistical Analysis (5) r1 LJ The following statistics are for information only. Development may include but shall not be limited to the following. • 24 Assumed parking criteria: One (1) space per 200 square feet of net building area at 120 cars per acre. 1. Site 1 Allowable Building Area ....................... ........................120,000 sq. ft.(24)(27) (14) SiteArea ................ ............................... ..........................5.026 acres a. Building, Height (14) Two story development . ...........................1.17 acres Three story development ..........................0.78 acres Four story development ...........................0.59 acres Five story development . ...........................0.47 acres b. Parking (14) 460 cars ......................... ...........................3.83 acres C. Landscaped Oven Space (14) Two story development . ...........................0.03 acres Three story development ..........................0.87 acres Four story development ...........................0.61 acres Five story development . ...........................0.73 acres -2- 2 ( "3'a3 One story development ................. 0.95 ae:es E. Building Height Building height of structures shall be limited to a height of thirty -five (35) feet above mean existing grade as shown on Exhibit `B." (5) Group VII. PRIVATE CLUB (18) A. Building Site Site 1 ....................2.0 acres...... ............................... 2.0 acres 25 Planning Commission Resolution No. Page 17 of 19 Exhibit "D" STANDARD CODE REQUIREMENTS 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 plan and floor plans dated July 27, 2006 (except as modified by applicable conditions of approval). 3. 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. 4. 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. The construction plans must meet all applicable State Disabilities Access requirements. 5. The parking level shall have 8 feet 2 inches clear ceiling height. 6. The elevator shall not open to the stair enclosure. 7. The stairs shall have one -hour enclosure. 8. A preliminary code review is recommended. 9. The parking lot layout and the subterranean parking area shall comply with the City Standard Plans STD - 805 -L -A and STD - 805 -L -B; and, shall be reviewed and approved by the City Traffic Engineer. 10. The ramp slope to the subterranean parking shall comply with City Standard Plan STD - 160-L-C. 11. Drive aisle leading into the subterranean parking area shall be a minimum of 26 feet wide. 12. The final on -site parking, vehicular and pedestrian circulation systems shall be reviewed and approved by the City Traffic Engineer. 13. The mechanical equipment shall not impact the required parking stalls or drive aisle dimensions. 14. No above ground permanent improvements shall be built within the limits of the existing utilities and pedestrian easements adjacent to the property frontage, along the MacArthur Boulevard. �b Planning Commission Resolution No. Page 18 of 19 15. The applicant shall submit a detail drainage plan to show how the storm runoff that travels down the driveway ramp will be discharged in a timely manner so as to prevent the underground garage from being flooded from raining. 16. All improvements shall be constructed per the Public Works Department standards. Additional public works improvements may be required at the discretion of the Public Works Department. 17. An ADA compliant curb access ramp shall be constructed at each of the MacArthur Boulevard curb returns, at the entrance to the shared service driveway. 18. All above ground utilities shall be located outside the sight distance planes per City Standard Plan STD - 110 -L. 19. A construction traffic control plan shall be approved by the City prior to the issuance of the encroachment permit. Said plan shall be wet sealed, signed and dated by a California Registered Traffic Engineer. 20. Elevator shall be gurney accommodating in accordance with Chapter 30 of the California Building Code, 2001 Edition. Interior cab dimensions shall be a minimum of 54 inch by 80 inch. 21. The building shall be provided with an automatic fire sprinkler system. 22. The sprinkler system shall be monitored. 23. Approved numbers or addresses shall be placed on all new and existing buildings in such a position that is plainly visible and legible from the street or road fronting the property. Said numbers shall be of non - combustible materials and contrast with their background and shall be either internally or externally illuminated by a photo cell to visible at night. The numbers shall be no less than six inches in height with a one -inch stroke. 24. The parking garage gate shall be strobe and knox key switch. 25. The building shall be provided with a knox box. 26. A Fire Department connection shall be located within 150 feet if a fire hydrant. 27. The building plans shall specify the occupancy classification. 28. Prior to issuance of building permit, the applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect or licensed architect for on -site and any adjacent off -site planting areas. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices. The landscape plans shall be approved by the Planning Director prior to the issuance of a building permit. 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 3� Planning Commission Resolution No. Page 19 of 19 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. 29. All landscape materials and landscaped areas shall be 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. 30. All mechanical equipment shall be screened from view of adjacent properties and adjacent public streets; and, shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. 31. Prior to the issuance of a building permit or within 30 days of receiving a final notification of costs, the applicant shall be responsible for the payment of all administrative costs identified by the Planning Department. 32. The construction and equipment staging area shall be located in the least visually prominent area on the site and shall be properly maintained and /or screened to minimize potential unsightly conditions. 33. A six -foot high screen and security fence shall be placed around the construction site during construction. 34. Construction equipment and materials shall be properly stored on the site when not in use. 3� ATTACHMENT C CITY COUNCIL STAFF REPORT AND MINUTES FROM THE OCTOBER 10, 2006 MEETING 33 City of Newport Beach City Council Minutes October 10, 2006 - System, and stated that he would like to see it im lemented- Motio-il' by -Mavor Pro Tern Rosansky to adopt Resolution No. 2006 -90 to the California Palic-Employees Retirement System (Ca1PERS) as required by law to allow Chief McDoneil io CoR roue his employment with the City until June 30, 2007, at which time he will leave the 'servic4,of Newport Beach. The motion carried by the following roll call vok' Ayes: Council Member Curry, Council Member Selich, Ma}ror'Pr_Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle,.Council Member Nichols K. PI133LI.C_HEARI.NGS 13. KOLL CENTER NEWPORT, 4460 MACARTHUR BLVD., GENERAL PLAN AMENDMENT NO. 20064003, PLANNED COMMUNITY DEVELOPMENT AMENDMENT NO. 2006-001 (PA2006-096) - MITIGATED NEGATIVE DECLARATION AND GENERAL PLAN AMENDMENT TO INCREASE THE TOTAL GROSS FLOOR AREA OF GENERAL OFFICE IN SUB-AREA 1 -1 (OFFICE SITE A) OF THE AIRPORT AREA (STATISTICAL AREA L4) BY 24,016 GROSS SQUARE FEET, AND AN AMENDMENT TO THE'KOLL CENTER NEWPORT PLANNED COMMUNITY (PC -lb) TO ALLOW THE TRANSFER OF 24,016 GROSS SQUARE FEET OF UNUSED RETAIL, RESTAURANT AND OFFICE SQUARE FOOTAGE FROM OFFICE SITE B TO OFFICE SITE A (PROPOSAL TO CONSTRUCT A 21,311 SQUARE FOOT, TWO -STORY OFFICE BUILDING OVER A SUBTERRANEAN PARSING GARAGE ON A 1.49 -ACRE SITE AT 4460 MACARTHUR BOULEVARD). (100 -20061 Associate Planner Ung provided a brief staff report on the request of the Koll Company to construct a two-story, 21,000 -square foot office building to function as their new corporate headquarters. Motion by Council_ Member„_DAjgIe to approve the request by adopting Resolution No. 2006 -91 approving General Plan Amendment No. 2006 -003 and adopting Mitigated Negative Declaration (SCH No. 2006 - 081039); and introducing Ordinance No. 2006 -21 approving Planned Community Development Amendment No. 2006 -001, and pass to second reading on October 24, 2006. Mayor Webb opened the public hearing. Hearing no testimony, Mayor Webb closed the public hearing. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council _ Member Nichols — 14:---•— P.IcANNED COMMUNITY DEVELOPMENT AMENDMENT NO. 2006-004 (PA2d )„AMENDMENT TO THE AERONUTRONIC FORD PLANNED COMMUNITY VELOWNT PLAN PROHIBITING NEW RESIDENTIAL SUBDIVISIONS IN PLAN141ft- h41El1 JF (100-20061 Assistant Planner Bunim provided a brief staff report regard" t4he,Xequest from Volume 67 - Page 813 35 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 13 October 10, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Rosalinh Ung, Associate Planner (949) 644 -3208 rung@city.newport-beach.ca.us SUBJECT: Koll Center Newport 4450 MacArthur Blvd. General Plan Amendment No. 2006 -003 Planned Community Development Amendment No. 2006 -001 (PA2006 -095) APPLICANT: The Koll Company ISSUE Should the City.Council adopt a Mitigated Negative Declaration and approve a General Plan Amendment to increase the total gross floor area of general office in Sub -Area 1 -1 (Office Site A) of the Airport Area (Statistical Area L4) by 24,016 gross square feet; and an amendment to the Koll Center Newport Planned Community (PC -15) to allow the transfer of 24,016 gross square feet of unused retail, restaurant and office square footage from Office Site B to Office Site A? The Koll Company proposes to construct a 21,311 square foot, two -story office building over a subterranean parking garage on a 1.49 -acre site at 4450 MacArthur Boulevard. RECOMMENDATION Staff recommends that the City Council hold a public hearing and approve the request- by: adopting Resolution No. 2006 approving General Plan Amendment No. 2006 -003 and adopting Mitigated Negative Declaration (SCH No. 2006 - 081039), and introducing Ordinance No. 2006 -_ approving Planned Community Development Amendment No. 2006 -001, and passing the ordinance to a second reading for adoption on October 24, 2006. DISCUSSION The Planning Commission reviewed the proposed amendments on September 7 and 21, 2006, and voted 4 ayes (2 absents and one abstain) to recommend approval of the proposed amendments to the City Council. The Planning Commission has evaluated the project in the context of the 1988 Land Use Element and the 2006 Land Use Element since the recently ,adopted General Plan update is not effective until such time as the voters approve it in November 2006. The attached resolution, if adopted, would amend only the 1988 Land Use Element and not the 2006 Land Use Element. As noted, the 2006 Land Use Element does 31 Koll Center Newport October 10, 2006 Page 2 not account for the proposed project. Should the voters approve Measure V in November; this proposed amendment would be brought back for reauthorization. The applicant proposes to construct a two -story, 21,311 gross square foot office building to function as their new corporate headquarters. The proposed construction site is centrally located in Office Site A of the Koll Center Newport Planned Community. The proposed 40 foot high building is designed over a 17 -space subterranean parking garage. The building features a modern, contemporary architectural design which consists of glass and stone fascia and stucco wall elements. The Land Use Element presently allocates a maximum of 436,079 gross square feet for non hotel uses for Koll Center Newport Office Site A (Sub -Area 1 -1) and it would not accommodate the proposed construction. This floor area limit includes the projected growth of 1,740 square feet for Steadfast Investment Properties permitted by General Plan Amendment No. 2005 -007 and 1,222 square feet for the Pacific Club remaining after the implementation of their current expansion authorized by GPA.97 -3(E). No additional growth within this block is anticipated as noted in the estimated growth table within the Land Use Element. The Land Use Element presently allocates a maximum of 1,062,648 gross square feet to Koll Center Newport Office Site B (Sub -Area 1 -2). This total includes a projected growth of 1,750:. gross square feet for Master Development Corporation authorized by General Plan Amendment No. 2004 -006.. No additional growth within this block is anticipated as noted in the estimated growth table within.the Land Use Element. The basis upon which this project rests is the fact that there is unbuilt floor area identified by:. the Koll Center Planned Community that the 1988 and 2006 Land Use Elements do not recognize. The Koll Center Newport Planned Community presently authorizes 24,016 square feet of additional retail, office and restaurant floor area beyond that anticipated for Steadfast Investment Properties, Master Development Corporation and the Pacific Club. This un -built floor area was authorized prior to the original adoption of the 1988 Land Use Element. The 1988 Land Use Element established gross floor area limits at existing levels without accounting for the .un -built floor area. To eliminate the discrepancy between the Land Use Element and the Koll Center Newport Planned Community, the Koll Company requests an increase in gross floor area authorized by the General Plan to accommodate the additional development contemplated by the Koll Center Planned Community. Additionally, in reviewing this application, staff discovered that an error currently exists within the Koll Center Newport Office Site B, and recommends correcting the discrepancy in association with this application. A recent review of all existing building permits within Koll Center Newport Office Site B, revealed that the overall building,gross floor area of this area is approximately 1,060,146 square feet, which is 2,502 square feet less than the current maximum contained within the Land Use Element (1062,648 current maximum — 1,060,146 existing = 2,502). The total existing floor area of Office Area B was derived from a combination of building plans and Koll Center Newport October 10, 2006 Page 3 permits and it is believed to be more accurate than the estimate included within the 1988 Land Use Element. A detailed discussion of the amendments and proposed corrections is provided in the attached Planning Commission staff report. Charter Section 423 Analysis Amendment Area A.M. Peak Hour P.M. Peak Hour Trips Trips Prior Amendment GP 2001 -004 1,272 s.f. 2.4(80%) 2.4(80%) 80% Prior Amendment GP 2004-004 0 17.0(80%) 24.8(80%) Prior Amendment 1,400 s.f. 1.6(80%) 1.6(80%) GP 2004 -006 80% Prior Amendment 1,392 s.f. 2.4(80%) 2.4(80%) GP2005 -007 80% Proposed Amendment 24,016 42.7(100%) 41.3(100%) 100% Total 28 080 66.1 72.5 As indicated in the preceding chart, the resulting total of the proposed amendment and prior amendments would not exceed the 100 peak hour trip or 40,000 square foot thresholds and a vote pursuant to Charter Section 423 is not required. Should the City Council approve the proposed amendment, it will become a "prior amendment' that will be tracked for ten years. The proposed changes to Statistical Area L4, Sub -Areas 1 -1 (KCN Office Site A) and 1 -2 (KCN Office Site B) and Estimated Growth for Statistical Area W Table are shown as Exhibit "A" of the draft City Council Resolution (Attachment A). Environmental Review A Mitigated Negative Declaration (MND) has been prepared by EDAW, Inc. for the proposed project in accordance with the implementing guidelines of the California Environmental Quality Act (CEQA) (Attachment #F). No significant unavoidable impacts are identified based upon a comparison of the proposed project with established thresholds of significance. The MND was circulated for public review between August 10 and September 5, 2006. Comments were received from Orange County Airport Land Use Commission, City of Irvine and California Cultural Resource Preservation Alliance, Inc. Responses to comments received are included in the Errata attached to the MND. Public Notice Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 ,feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the city website. 3� Koll Center Newport October 10, 2006 Page 4 Prepared by: Submitted by: osa inh M. Ung, s ciate Planner Patricia L. Temple, Planin ing Director Attachments: A. Draft City Council Resolution with revisions to Statistical Area L-4 B. Draft City Council Ordinance with revisions to PC Text C. Planning Commission Resolution No. _ D. Excerpt of the minutes from the September 7 and 21, 2006, Planning Commission meetings E. Planning Commission Staff Reports from the September 7 and 21, 2006 (Without attachments) F. Initial Study /Mitigated Negative Declaration &' G. Project Plans ' Distributed separately due to bulk. Available for public review at the City Clerk's Office. Ab ATTACHMENT D PLANNING COMMISSION REPORTS AND MINUTES FROM THE SEPTEMBER 7 AND 21, 2006 MEETING (WITHOUT ATTACHMENTS) M Planning Commission Minutes 09/21/2006 CITY OF NEWPORT BEACH Planning Commission Minutes September 21, 2006 Regular Meeting - 6:30 p.m. Page 1 of 6 file: //F: \Users \PLN \Shared \Gvarin \PC min etal \2006 \09212006.htm 01/02/2007 INDEX 11014 CALL omrt%sioners Eaton, Hawkins, Cole, Toerge, Peotter, McDaniel and Henn - ommtoner Henn was excused, Commissioner Peotter arrived at 6:37, all others were esent. STAFF PRESEN� �R Patricia Temple, Planniritbpirector Aaron Harp, Assistant City Attorney Rich Edmonston, Transportati6n.and Development Services Manager Rosalinh Ung, Associate Planner,i, Russell Bunim, Assistant Planner 4 Ginger Varin, Planning Commission Ex utive Secretary PUBLIC COMMENTS: PUBLIC ,yh COMMENTS None ",,, POSTING OF THE AGENDA: POSTING OF THE AGENDA The Planning Commission Agenda was posted on September 15, 2i9Q6. ti CONSENT CALENDAR SUBJECT: MINUTES of the regular meeting of September 7, 2006. EM NO. 1 Commissioner Hawkins noted that he had agreed one of his suggested changesApp ed to these minutes referring to statements by an applicant was not included. SUBJECT: The Koll Company (PA2006 -095) ITEM NO.2 4450 MacArthur Blvd. PA2006 -095 General Plan Amendment and Planned Community Plan Amendment to transfer un -built retail and restaurant and office square footage from Office Site B to Recommended Office Site A of the Koll Center Newport Planned Community (PC -11) for the for construction of a 21,375 square foot, two -story office building over one level Approval subterranean parking structure. Adopt Resolution recommending approval of General Plan Amendment No. 006 -008, Planned Community Text Amendment No. 2006 -001 and Use Permi No. 2006 -095 to the City Council. SUBJECT: Newport Beach Brewing Company (Use Permit No. 3485) ITEM NO. 3 2920 Newport Boulevard Page 1 of 6 file: //F: \Users \PLN \Shared \Gvarin \PC min etal \2006 \09212006.htm 01/02/2007 Planning Commission Minutes 09/21/2006 The Newport Beach Brewing Company has operated a restaurant/brewpub Continued to pursuant to Use Permit No. 3485 since 1994. This permit was issued by the City October 5, 2006 in 1993 and it was subsequently amended in 1999. City has received several complaints related to the operation of the use and the Planning Commission will valuate the complaints, the operational character of the use and the conditions under which the use operates. At the conclusion of the hearing, the Commission may require alteration of the operation or it may delete or modify conditions oll approval. The Commission also may conclude that no changes are necessary and revocation of the Use Permit is not being considered at this time. Staff requests to continue this item to October 5, 2006. Motion was made by Commissioner Hawkins to approve the consent calends as modified. Ayes: Eaton, Hawkins, Cole, Toerge Noes: None Absent: Peotter and Henn Abstain: McDaniel HEARING ITEMS ECT: Planned Community Development Amendment No. 2006 -004 ITEM NO. 4 (PA2006 -173) PA2006 -173 Amend th Aeronutronic Ford Planned Community Development Plan to Recommended for Approval decrease the aximum density permitted in Planning Area 5 from 48 dwelling units to 47 d ling units and to prohibit subdivisions that would increase dwelling units. Russell Bunim, Assistan Rlanner, gave an overview of the staff review: • This item was initiated b� he City Council in response to a letter from the Belcourt Master Association`. • The original amendment would rdqce the number of dwelling units from 48 to 47 to be consistent with the n bar of existing lots and to prohibit future subdivisions. • A second amendment has been proposed th would allow language from the General Plan to allow for reverting back to t underlying lots and that is okay with the Homeowners' Association. • The new recommendation on the resolution attacheXxhibit show the Planned C ommunity Text, which remains at 48 ws for reverting back to the underlying lots. Ms. Temple noted that, should the Commission decide to pursue the oh i_naI language, it is included in the staff report of the previous meeting. ` Commissioner Hawkins asked if anyone had spoken to the Council. *,h ssistant City Attorney Harp answered this fully addresses the Council concerns. Ms. Temple noted that the alternate discussion came about after questions relating to how this fits within the just adopted General Plan. Should the Planning Commission adopt the new recommendation with the new resolution, i file : //F:1UserslPLN\SharedlGvarinTC min eta112006109212006.htm Page 2 of 6 0 P/p2/2007 .1 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 2 September 21, 2006 TO: PLANNING COMMISSION FROM: Rosalinh Ling, Associate Planner (949) 644 -3208 rung@city.newport-beach.ca.us SUBJECT: Koll Center Newport 4450 MacArthur Blvd. General Plan Amendment No: 2006 -003 Planned Community Development Amendment No. 2006 -001 (PA2006 -095) APPLICANT: The Koll Company Attached is the draft resolution for the Planning Commission to consider. It includes the following changes that reflect comments made by the Commission at the prior meeting: 1. Addition • of a finding statement for the adoption of the Mitigated Negative Declaration. The Mitigation Monitoring and Reporting Program which contains mitigation measures is a part of the environmental document. 2. Deletion of the mitigation measures from Exhibit "D ". Prepared by`.' Submitted by: alinh M. Ung, ociate Planner Patricia L. Temple, Planning Director Exhibit: 1. Planning Commission Resolution No. 2006- a� Planning Commission Minutes 09/07/2006 McDaniel The Koll Company (PA2006 -095) 4450 MacArthur Blvd. ral Plan Amendment and Planned Community Plan Amendment to trans ilt retail and restaurant and office square footage from Office Site B Site A of the Koll Center Newport Planned Community (PC -11) for I ruction of a 21,375 square foot, two -story office building over one le rranean parking structure. airman Cole acknowledged that this item is being heard past 10:30 p.m., ich requires a consensus of the Commission. Ung gave an overview of the staff report, noting: . The applicant proposes to construct a two -story office building to fu as their new corporate headquarters. . The proposed construction site is in Office Site A. . The area proposed for development is in a common parking area for O Site A, which is owned by the applicant and located at the south, corner of MacArthur Boulevard and at the entry driveway west of Fairmont Hotel. . There is unbuilt floor area identified by the Koll Center Planne Community that the 1988 and 2006 Land Use Elements do not recognize. . Prior to the adoption of 1988 Land Use Element, Office Site A had a tot of 340,000 square feet of office space, a 30,000 square foot private clu and a 471 room hotel. Office Site B permitted a total of 965,216 square feet of office spac 10,000 square feet of retail and 19,000 square feet of restaura development. . Office Site A presently has utilized the maximum floor area of the PC text. . Office Site B has a remaining unused balance of 24,016 square feet office, retail and restaurant development. This unused square foot within the PC text; however, has not recognized by the 1988 Land I Element due to the fact that there was no projected growth allowed Office Site B. . The estimated growth table in the 1988 Land Use Element shows existing building area in 1988 equals the maximum allowed and growth in floor area. . Since the 1988 Land Use Element did not account for the unbuilt floor the PC text allowed in Office Site B, an amendment to the Land Element is being sought to increase the floor area in Office Site B by Page 25 of 35 PA2006 -095 Continued to 09/21/2006 http: / /www.city.newport- beach .ca.us /PhiAgendas/mn09- 07- 06.htm 12/22/2006 Wp Planning Commission Minutes 09/07/2006 unbuilt amount identified in the PC text and then transferring it to Site A to facilitate the development of the new office building. . Staff is requesting that the gross floor area for Office Site B is adjusted reflect the existing numbers tracked by our Building Permits. T difference between the maximum allowable floor area indicate in the 19 Land Use Element for Office Site B and the existing overall gross fk area is 2502 gross square feet. . The proposed projects require an amendment to the Planned Communi text to allow for the transfer of development intensity of the unused reta restaurant and office uses from Office Site B to Site A. . This request is consistent with the provisions allowed in the PC text. net increase in the square footage will result from this amendment. . Only 21,311 square feet will be used for the construction of the pr( office building and the remaining will be reserved for future development in that particular site. . Koll Center Newport Planned Community allows the 24,016 square feet additional development that the 1988 and the 2006 Land Use Elements not. This entitlement pre -dated the 1988 Land Use Element and st believes there was no intent to eliminate it. . The proposed General Plan Amendment will recognize this un -bu entitlement and make the Land Use Element consistent with the Kc Center Newport Planned community. . The resolution recommends approval of the proposed amendment and it ie suggested the amendment be made to both Land Use Elements; however a potential amendment to the 2006 Land Use Element would only be accomplished after an affirmative vote in November and the Council shal take a separate action to amend the 2006 Land Use Element. . The Commission could act on the application tonight and not have thi return. Staff has prepared this application to have two separatio considerations with the Council, one for the 1988 Land Use Element an the other for the 2006 Land Use Element after the election if it i necessary. . Temple noted that Section 1 on page 4 of the draft resolution addresses the ual amendment to the 1988 Land Use Element. Section 2 makes a separate ommendation for approval of the General Plan Amendment per Exhibit B. iibit B is the information necessary to amend the not yet adopted or approve( the voters 2006 Land Use Element. It is segmented, and while we believe the mmission can make a recommendation to the City Council related t( ending either or both the 1988 plan as well as the 2006 plan, that the City until can not consider nor adopt an amendment to the 2006 Land Use !ment until it is actually approved by the electorate in November. Clausen affirmed that the draft resolution reflects these issues. Page 26 of 35 0 http: / /www.city.newport- beach. ca.us /PlnAgendas /nin09- 07- 06.htm 12/22/2006 Planning Commission Minutes 09/07/2006 ;on Cole questioned the unused square footage within the PC .d by the 1988 Land Use Element. The chart talks about an a Why didn't they recognize the footage at that time? Temple noted that a mistake had been made, there was no overt ,cience intent to reduce the entitlements within the Planned Community. s such as Koll Center Newport where there is unique subdivis igements we established square footage limits as opposed to floor a s in an attempt to make them consistent. Due to the structure of ned Community text sometimes it is difficult to figure out what the total v in this case the square footage was missed. uls. Clauson noted during the analysis they looked back at the record to ma pure it was more than just the memory of staff and the intent of what we h ntended to do and make sure that there wasn't anything indicating somethi specific in the record that it was intended to reduce. It is not clear in the recc at the time it was adopted. There are statements in the original adopti anguage resolution adopting the 1988 Land Use Element that says there was ntent to make reductions in land use approvals, but it doesn't say this prope vas intended to be reduced. Her recommendation to both staff and 1 applicant that we need to do a General Plan Amendment to make it very clear he record. This is a very conservative valid way to make sure that they b( Temple added the best course of action is to deal with this through Bral Plan Amendment. issioner Hawkins asked how mendation but the Council can not vested rights to the property owner? the Commission can n make a similar action. Did Is. Clauson answered that this is an attempt to assist the applicant in a situati here they are caught in limbo. The General Plan was actually adopted by t ity Council and just the 423 vote, which deals with the required approval of t and Use allocation. That is what needs to be amended as staff did not c rese numbers into the new General Plan because of the timing. This is a va nd procedural way to assist the applicant so that they don't have to come ba ) the Planning Commission after the vote to get another recommendation wh re analysis is made here. The actual amendment to the General Plan can r e done until after the election. s. Clauson answered they did not have vested rights, they had a PC text tl rthorized a certain amount of square footage. When the General Plan w iopted, it could very well have been a specific intent to reduce the number luare footage in that and the PC text would later have been amended to redr, at number. Temple added that the presence of 'entitlements' in our zoning documents i many people say they are vested entitlements. What that is, is ar lability to utilize intensity. There are other factors in zoning that could taus( individual property not to be able to exercise their full 'entitlement' or thei ng limit. An example would be in Corona Del Mar you may have floor are( of .5 but the nature of your use and its parking requirement may not allov to get all of it. So, you don't have an absolute right to construct ever. Page 27 of 35 4% http: / /www.city.newport- beach .ca.us /PlnAgendas /mn09- 07- 06.htm 12/22/2006 Planning Commission Minutes 09/07/2006 ble square foot unless you can comply with all other standards. In this F compliance with the standards are easy. The zoning entitlement is r d until whatever approval or permit is achieved as required by the zoning. missioner Eaton noted there is no reference to the mitigation measu Idn't it also say approved subject to the mitigation measures. Also, itions do not match up with the mitigation measures. Should they Clauson noted this is a resolution recommending a General idment, which is a legislative act. It is not a conditioned approval. that Exhibit D was the list of Standard Code Requirements. Temple answered the standard code requirements are in the code, and s to comply. The mitigation measures will be dealt with through jation monitoring. The City Council resolution will certify it. Hawkins noted that on this resolution we take no action on document. Clauson noted that the Commission needs to have a recommendation ption by the Council of the Mitigated Negative Declaration. If the Planr nmission wants to adopt this resolution and forward on the recommendati motion should require including a Whereas and specific recommendation approval of the environmental document and adoption of mitigal isures. Council will do that in their adopting resolution. missioner Toerge noted it does not make sense receiving a resolution 12-3 hours before hearing and not having a chance to read it. Certainly 1 c hasn't an opportunity to read it either. We are setting a bad precedr I am uncomfortable with this and I believe that staff is too. I have read 1 report and have no issue with the project, but I don't think we are ready )ve this as I haven't had the opportunity to review this resolution. issioner Peotter moved to continue this because he feels the same way. issioner Henn noted he is not going to vote on something that he Cole suggested hearing from the applicant. Carol McDermott, representing the applicant, noted: . There has been no public request for information. . There has been no comments on the Negative Declaration. . Nobody but our team is here in the audience. . It was the Koll Company's understanding since 1972 when they began implementation of the Planned Community Regulations that the Gen Plan allowed the using and the zoning covered the square footages. Page 28 of 35 http: / /www.city.newport- beach. ca.us /PlnAgendas /mn09- 07- 06.htm 12/22/2006 Planning Commission Minutes 09/07/2006 Page 29 of 35 . When the 1988 General Plan was approved, Koll Company was developing anything. There was a little square footage left, but the was not monitored. . We have participated with staff on verification of square footage reviewing building permits and very detailed analysis to ensure that we a agreed on what those square footages were. . It became clear then that the zoning did not match the General Plan, but was an inadvertent issue. . Since Greenlight I the square footages in the General Plan have h increased importance. . It is important that it be clarified and stated for the record in a very clea fashion. . A couple of requests have gone on before us as zone changes and absorbed the burden of cleaning these up. . Landscaping - referring to exhibits she noted the location of the ac building and pointed out the reconfiguring of hardscape and landscape. . There will be a total of 16,840 square feet of landscaping and open provided within this office site. . The building itself will replace some minor landscaping and parking. . There will be no parking lost with the reconfiguration. • There is no net increase in square footage with this change. . The flexibility was always granted in the planned community regulations be able to move the square footage around because they could not pred in 1972 what would be happening in 2006. . The way we read the resolution under the last Whereas, what it says the environmental record shows there will be less than significant imps the mitigation measures identified are feasible, they reduce poten environmental impacts to a less than significant level, and they are appl to the project and incorporated as conditions of approval. . This is what covers the incorporation measures appropriately s referenced in the document so that we know we have to comply with that. )mmissioner Hawkins noted that the resolution for the Church project lists ding regarding the Initial Study /Mitigated Negative Declaration. Such a findii missing in this resolution. It should be included. followed on possible wording. �O http: / /www.city.newport- beach. ca.us /P1nAgendas /mn09- 07- 06.htm 12/22/2006 Planning Commission Minutes 09/07/2006 McDermott noted that with all things considered, asked that this not tinued but come up with language to add to the resolution that would addr Commission concerns. rperson Cole asked about the trips being generated by this building. McDermott answered they are at 299 :hairperson Cole noted: . Those trips are primarily peak hour trips for office use. . The development transfer rights are coming predominately what called retail /restaurant uses, which would be for non -peak trips. . Was this looked at this context? . These peak hour trips are different. Temple answered: . There is no relationship between the Traffic Phasing Ordinance (TPO) a Charter Section 423. . The TPO does deal with peak hour trips. . The original use designation for retail and restaurant are different in of the peak hour characteristics as opposed to office. . The initial threshold for requiring for the TPO analysis 300 is daily trips. . If you don't cross 300 trips, we don't go further. . Retail and restaurant have extremely high p.m. peak hour trips, far greater than office. . What they don't have typically is the a.m. trips, which office would more of. Edmonston agreed. comment was opened. comment was closed. nmissioner Henn noted he feels an obligation to perform his duties, so he wil be voting on this item tonight as he has not had the opportunity to review the Elution. He has read the staff report. Eaton noted he would act on this tonight if the resolution was http://www,city.newport-beach.ca.us/PlnAgendas/rnn09-07-06.htm Page 30 of 35 6J 12/22/2006 Planning Commission Minutes 09/07/2006 s. Clausen noted the main reason this resolution came out so late is because eir office got involved with it late. She told staff that they needed to bring thi; the Council after the adoption of the new General Plan or the effective date at they would have to now amend the new General Plan to reflect these ranges because they did not transfer over. Due to that, staff had to compose e resolution for the Planning Commission so the applicant did not have t( ime to the Planning Commission to make these same determinations after the )vember elections. This resolution attempts to incorporate the findings that are !cessary for the changes that will be necessary for the 2006 in order for the anning Commission make the recommendation to the City Council to amen( )th of them. That is the information that is in here. The two issues would be t( quire and to find, make the findings and have staff add to the resolution tha nguage that was necessary to make the findings that you find that the Negative �claration is adequate and you recommend the City Council approve it. The her issue is standards. The last item being approved is the changes to the PC A. There is no issue with having these attached. Your question is whether the itigation measures should also be included when this is a PC text amendment. rice the adopting resolution for the Negative Declaration is done by the City :)uncil those mitigation measures will be adopted and they will have to b( iplemented as part of the project. If you would like to have the mitigatior easures be included in the standard operating conditions, then you can give at direction. mmissioner Eaton answered that this came up in two prior projects and t igation measures were included. . Clausen noted her confusion was she thought that these conditions we ng attached to the General Plan Amendment, they are not. They are bei ached to the PC text amendment, so I think the mitigation measures could the Planning Commission added to that. e added that given the hour and that the public comment period is not close )ther option would be to continue this item for review and approval of t olution. You don't have to have another public hearing. Unless there is ange that comes up, you don't have to re -open the public hearing at the ne sting, you could just act on the resolution. Otherwise, there could be directi approve this resolution with the finding and staff can put those appropris sings in and forward it to the City Council. Whatever you feel m( nfortable with. ,nmissioner Hawkins noted that a finding similar to Section 1 of Our een of Angels resolution is needed as a new Section 4 so long as it is to this project. )Ilowing a brief discussion the consensus of the Commission was to contin is item to the next meeting. lotion was made by Commissioner Toerge to continue this item to S 1st without having to open the public hearing on the application itself. and None Page 31 of 35 �a http: / /www.city.newport- beach. ca.usiP1nAgendas /mn09- 07- 06.htm 12/22/2006 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 4 September 7; 2006 TO: PLANNING COMMISSION FROM: Rosalinh Ung; Associate Planner (949) 644 -320$ rung @citymewport- beach.ca. us SUBJECT: Koll.Center Newport 4450 MacArthur Blvd.. General Plan Amendment No. 2006 -003 Planned. Community Development.Amendment No. 2006, =001 (PA200&096).. APPLICANT: The Koll Company ffEQUEST . . The Koll Company proposes to construct. a 21,311 square foot, two -story office building over a subterranean. parking garage' on a t.49 -acre. site at 4450 MacArthur Boulevard: Additionally, the applicant proposes an amendment of .the General Plan to increase . the total gross floor area of general: office in Sub -APea 1 -1 (Office Site A) of the Airport_Area (Statistical Area 14) by 24,016 gross square feet; and an amendment to the Koll'Center Newport. Planned Community (PC-15) to allow the transfer of 24,01:6 gross square feet of unused retail; restaurant-and office square footage from Office Site B to Office Site A. RECOMMENDATION Recommend approval, of General Plan Amendment No. 2006 -003 and; Planned Community Text Amendment No. 2006 -001 to. the City , Council by adopting the attached draft resolution. �3 DISCUSSION I Koll Center Newport September 7, 2006 Page 3 The basis upon which this .project rests is the fact that there is unbuilt. floor area identified by the Koll Center Planned Community. that the 1988 and 2006 Land Use Elements do not recognize. Office Building Construction The applicant proposes to construct a two -story, 21,311 gross square foot office building to function as their new corporate headquarters. The proposed 40 foot high building is designed over a 17 -space subterranean parking garage. Once completed, the building would ultimately be situated on its own footprint lot of 22,200 square feet. The applicant would be required to obtain an approval of a parcel_ map or a lot line adjustment application for the subdivision. The landscaping and remaining surface parking would be located within the parking pool parcel for Office Site A. The building features a modern, contemporary architectural design which consists of glass and stone fascia and stucco wall elements (Exhibit 5). Background The proposed construction site is centrally located in Office Site A of the Koll Center Newport Planned Community. Office Site A is bounded by Von Karman Avenue to the east and south, MacArthur Boulevard to the west, and Birch Street to the north and has a total area of approximately 19 acres. The area proposed to be developed is approximately 1.49 acres in size and is a portion of a 17.17 -acre parcel that currently improved as a paved, common parking area for Office Area A, which is owned by the applicant. This area is specifically located . at the southeast comer of MacArthur Boulevard and the entry driveway west of the Fairmont Hotel. Office Area B is located immediately adjacent to Office Area-A, on the east sidd of Von Karman Avenue and is bounded by Birch Street to the northeast, "Jamboree Road to the southeast, MacArthur Boulevard to the west and Von Karman Avenue to the northwest and is approximately 44 acres in size. The Koll Center Newport Planned Community was originally adopted in 1972. The intent of this Planned Community District was to provide a comprehensive zoning for the former Collins Radio property to facilitate the development of an officefindustrial park. The Planned Community was to consist of a hotel with banquet and convention facilities, a small retail and service. center, service stations, restaurants, bars and 55 Koll Center Newport September 7, 2006 Page 4 theater /nightclubs, offices, industrial sites and a courthouse. The Koll Center has a total of nine development sites: Office Sites A through F, Industrial Site 1, Retail and Service Site 1 and the Court House. Each of the sites have specific allowable net floor area. The PC also has five (5) restaurant sites and a. majority of them are located within Office Sites A and B. It should be noted that Restaurant Sites 1 through 5 are "floaters", meaning that they do not have a speck location assigned within either office site. Since the PC Text adoption, there have been numerous amendments, and two of the amendments in the mid 1980's allowed the transfer of restaurant sites from Office Area A to B (Exhibit No. 4). Prior to the adoption of the 1988 Land Use Element, Office Site A had a total of 340,002 . square feet of office square and a 30,000 square foot private clubs'. Office Site 6. permitted 965,216 square feet "of office, 10,000 square feet of retail, and 19,000 square' feet for restaurant development The following chart shows the current maximum net floor area authorized by PC Text for Office Site A, existing floor area derived from a combination of building plans and permits and remaining square footage for each category: 'Reserved for Steadfast The following chart shows the current maximum net floor area authorized by PC Text for Office Site B, existing floor area derived from a combination of building plans and permits and remaining square footage for each category: Maximum Allowed Existin Remaining Office 1342,131 1340,506 *1,625 Private Club LJ 45,000 142,029 0 12,971 'Reserved for Steadfast The following chart shows the current maximum net floor area authorized by PC Text for Office Site B, existing floor area derived from a combination of building plans and permits and remaining square footage for each category: As demonstrated above, Office Site A has utilized the maximum allowable floor area of the PC Text with exception that the remaining floor area of 1,625 square feet recently permitted for Steadfast Investment Properties for their office expansion (2006). Office Site B has a remaining unused balance of 24,016 square feet for office, retail and restaurant development. This unused square footage within the PC Text, however, was The General Plan also authorizes a 471 room hotel within Office Site A. Hot Maximum Allowed Existing Remainifi " ' ` Office 965,216 960,735 4,481 Retail Site 2 . 10,000 0 10,000 Restaurant Site 2 5,000 2,397 2,603 Restaurant Site 4 7,000 7,068 -68 Restaurant Site 5 7,000 0 7,0.00 'Total: 24,01.6 As demonstrated above, Office Site A has utilized the maximum allowable floor area of the PC Text with exception that the remaining floor area of 1,625 square feet recently permitted for Steadfast Investment Properties for their office expansion (2006). Office Site B has a remaining unused balance of 24,016 square feet for office, retail and restaurant development. This unused square footage within the PC Text, however, was The General Plan also authorizes a 471 room hotel within Office Site A. Hot not recognized by the 1988 Land Use E projected growth allowed for Office Area B. Land Use Element shows that the existing allowed and zero growth in floor area. The consistent with the PC Text. Koll Center Newport September 7, 2006 Page 5 ement due to the fact that there was no The estimated growth table within the 1988 building area in 1988 equals the maximum 1988 Land Use Element should have been A recent review of all. existing building permits for Statistical Area L4, including Koll Center Newport Office Site B, revealed that the overall building gross floor area of this Sub Area is approximately 1,060,146 square feet, which includes the 1,750 gross square feet permitted for the Master Development Corporation in 2005. Presently, Office Site B has a general plan projection of 1,062,648 gross square feet also including a projected growth of 1,750 square feet for Master Development Corporation. The difference between the maximum allowable floor area indicated in the 1988 Land Use Element for Office Site B and the existing overall building gross floor area of this site is 2,502 gross square feet. As with Office Site A, the 1988 Land Use Element also had existing floor area equal to the maximum allowed with zero project growth in floor area. Since the 1988 Land Use Element did not account for the unbuilt floor area that the PC Text allowed in Office Area B, an amendment to the Land. Use Element is being sought to increase the floor area in Office Site B by the unbuilt amount identified in the PC Text and then transferring it to Office Site A to facilitate the development of the new Koll Company Headquarters. ANALYSIS Due to the fact that the recently adopted General Plan update is not effective until such time as the voters approve it in November 2006, staff has evaluated the project in the context of the 1988 Land Use Element and the 2006 Land Use Element. 1988 Land.tlse Element The 1988 Land, Use. Element designates both office . sites as Administrative, Professional and Financial. The proposed office development is consistent with this designation. Koll' Center Newport Office Site A (Sub -Area 1 -1) is presently allocated a maximum of 436,079 gross square feet for non hotel uses, which includes the projected growth of 1,740 square feet for Steadfast Investment Properties (GP2005 -007) and 1,222 square feet for the Pacific Club (A890). 61 Koll Center Newport September 7, 2006 Page 6 Koll Center Newport Office Site B (Sub -Area 1 -2) is presently allocated a maximum of 1,062,648 gross.square feet, which includes a projected growth of 1,750 square feet for the Master Development Corporation (GP2004-006). With the adoption of 1988 Land Use Element, the City acknowledged that every care was taken in the preparation of the floor area estimates, given the technology and source information, and that there was a possibility for errors. As shown previously with the identification of unbuilt floor area authorized by the Koll Center PC Text, the unused square footage .allowed by the PC Text in the Office Area B was not included in the 1988 update. The change suggested by the applicant will result in the following: Office Site B Current Limit: 1,062,648 GPA Proposed Limit: 1,060,146* GPA *This total accounts for Master Development Corporation Office Site A Current Limit: 436,079 GPA Proposed Limit: 460,095 ** GPA ** This total accounts for Pacific Club, Steadfast and present application for the Koll Company. =' Applicable General Policies The objective of the Land Use Element is to provide an orderly balance of residential and commercial uses with an emphasis of maintaining a high quality environment for people living, working and visiting the City. Amendments can be approved upon finding that they are consistent with the surrounding land uses and the policies of the Land Use Element. The following discussion relates to those general land use policies that are applicable to the proposed project. A. The city shall provide for sufficient diversity of land uses so that schools, employment, recreation area, public facilities, churches and neighborhood shopping centers are in close proximity to each resident of the community. The proposed project would increase the development allocation in the Office Area A by 24,016 square feet. However, only a total of 21,311 square feet would be used for the CD v Koll Center Newport September 7, 2006 Page 7 construction of the new office building to be occupied by the Koll Company. The remaining un -built square footage of 2,705 would be reserved for future office development within Office Area A. The proposed project, therefore, is consistent with this policy in the fact that the proposed project does not change the diversity of land use and the continuation of office development is consistent with those intended for both office sites by the General Plan. Furthermore, the PC Text allows unused floor area allocated for restaurant, bar, theater /nightclub to be converted to professional and business office use (Section Group V - Restaurants). B. To ensure redevelopment of older or underutilized properties, and to preserve the value of property, the floor area limits speciFed in the Land Use Element allow for some modest growth. To ensure that traffic does not exceed the level of service desired by the City, variable floor area limits shall be established based upon the trip generation characteristics of land uses. Although the project consists.of an increase in the development allocation for Office-Site A of 24,016 square feet of which 21,311 will be used for the development of proposed office building, the increased area was planned as evidenced by its inclusion in the Koll ; Center PC Text prior to 1988. The proposed development is anticipated to generate less than '300 daily trips and therefore, does not required the preparation of a traffic analysis pursuant to the City's Traffic Phasing Ordinance. F. The City shall develop and maintain suitable and adequate standards for landscaping, sign control, site and building design, parking and undergrounding of utilities and other development standards to ensure that the beauty and charm of existing residential neighborhoods are maintained, that commercial and office projects are aesthetically pleasing and compatible with the surrounding land uses and that the appearance of, . and activities conducted. within industrial developments - are also compatible with surrounding land uses and consistent with the public health, safety and welfare. - _ The City implements this policy through the Koll Center Planned Community Text. The project is designed to meet alt applicable development standards contained within. The proposed building height, size, and architectural design of the project will be physically compatible with the existing and surrounding professional office and commercial developments. Staff, believes that, based on the analysis of the Land Use Element policies, the proposed project can be found consistent with the General Plan and the increase in development allocation can be approved. 0 Koll Center Newport September 7, 2006 Page 8 2006 Land Use Element The land use designation for the subject property is MU -1­12 (Mixed -Use Horizontal). This designation is intended to provide for a horizontal intermixing of uses that may include regional commercial office, mufti- family residential, vertical mixed -use buildings, industrial, hotel rooms, and ancillary neighborhood commercial uses. The underlying uses for Office Sites A and B are office, hotel, support retail, residential village: housing and mixed -use (commercial /residential). The project, as proposed, would be consistent with this land use designation. The maximum floor area of Area 1 .(Office Site A) is 436,079 gross square feet and for Area 2 (Office Site B) is 1,062,648 gross square feet, identical to the current limits. within the 1988 Land Use Element. These numbers would also need to be modified to reflect the adjustment and the requested transfer as described in the previously analysis. Land Use Policies 4.3 and 5.3.6 are applicable to the proposed project. 3_ 4.3 Transfer of Development Rights — Permit the transfer of development rights?. from a property to one or more other properties when: a. The donor and receiver sites are within the same Statistical Area. b. The reduced density /intensity on the donor site provides benefits to the City such as, but not limited to, the (1) provision of extraordinary open space, public visual conidor(s), parking or other amenities; (2) preservation of a historic building, property or natural landscapes; (3) improvement of the area's scale and development character; (4) consolidation of lots to achieve a better architectural design than could be achieved without lot consolidation; and /or (5)_.reduction of local vehicle trips and traffic congestion. c. The increment of growth transferred to the receiver site complements and is in scale with surrounding development, complies with community character and design policies contained in the General Plan, and does not materially degrade local traffic conditions and environmental quality. The project would not be in conflict with this policy as the proposed transfer of development rights would occur within the Airport Statistical Area. The reduction. of allowed development within the donor site would serve to reduce traffic trips (general office uses generate fewer trips than restaurant or retail uses) and therefore, would not result in any impacts to the local circulation system. The proposed development to be located on the receiver site has been designed with an architectural style that appears to be compatible with existing development in the business complex. V Koll Center Newport September 7, 2006 Page 9 5.3.6 Parking Adequacy and Location — Require that adequate parking be provided and is conveniently located to serve tenants and customers. Set open parking lots back from public streets and pedestrian ways and screen with buildings, architectural walls, or dense landscaping. As discussed more fully in the Parking Section of the staff report, parking for the new office building would be provided. in a combination of surface and below -grade lots immediately adjacent to the proposed structure. The parking areas will be convenient and accessible to the tenants and customers. Views of the parking lot would be minimized through the placement of parking underground and through the placement of the structure nearest to the public sidewalk that would serve to shield the existing parking lotto the east of.the building. Landscaping of the lot is also proposed. Charter Section 423 Analysis Statistical Area L4 has a current General Plan limit of 8,180,453 square feet. The project will add 24,016 gross square feet of non - residential intensity in Koll Center Newport Office Site A. However, this increase should be viewed as the correction-of the gross floor area to properly. reflect what was authorized by the Koll Center Newport Planned Community prior to the adoption of the 1988 Land Use Element. Based upon staffs belief that the limits established in the 1988 Land Use Element were not intended to eliminate this entitlement, it is staffs opinion that the additional 24,016 square feet is not new entitlement that should be subject to the Section 423. if the increase is determined to be subject to .Section 423, the following analysis is presented to determine whether or not a vote would be required. The increase is 24,016 square feet of non - residential intensity, and 0 residential units. Based. on the trip generation rates contained in the Council Policy A -18, the proposed project is forecast to generate an additional 42.7 Aril -peak- hour trips .and 41.3. PM-peak hour trips. The project would be considered a minor.amendment as it would not require a vote by itself. based upon the thresholds established for a vote by Section 421 Although the proposed project does not exceed the 100 peak trip threshold; Section 423 of the Charter requires that all General Plan Amendments be tracked as prior amendments for ten years to determine if minor amendments in a single Statistical Area cumulatively exceed the thresholds. Eighty- percent of the increases attributable to prior amendments are added to the .increases of the proposed project to determine if any thresholds have been exceeded. There have been four (4) prior amendments approved for Statistical Area L4, and the following chart shows the area and peak hour trip analysis.. to 1 A-Vv Koll Center Newport September 7, 2006 Page 10 As indicated in the preceding chart, the resulting total of the proposed amendment and prior amendments would not exceed the 100 peak hour trip or 40,000 square foot thresholds and a vote pursuant to Charter Section 423 is not required. 4 If it is determined that the proposed amendment is a correction and not subject to Charter Section 423; staff will track the amendment with zero increases. Should it be determined that the amendment is subject to Section 423, staff will tract the 86 %.of the increases noted in the table above. Planned Community Text Amendment The proposed project requires an amendment to the Planned Community.Tezt tcallow. for the transfer of development intensity of 24;016 square feet of unused .retail, restaurant and office uses from Office Site B to Office Site A. No net increase in square footage will result from this Amendment. The applicant plans not to utilize the entire, . 24,016 gross square feet; only 21,311' square --feet would be used for the proposed.:' office building. The proposed office development meets all the development standards specified in the Koll Center Planned Community development standards for building setbacks and on -site parking. The remaining square footage of 2,705 will be reserved for future office development. The applicant is proposing to amend, Group I (Professional and Business Offices), Group V (Restaurants) and Group VI (Retail and Service Center) of Section I of Part II (COMMERCIAL) of the Koll Center Planned Community Text. Under Group. 1, Office Site,A would gain 24,016 square feet (from 342,131 to 366,147), Office Site B would change from 965,216 to 967, 803 square feet [965,216 — 4,481(unused office area) ± 7,068 (Koto Restaurant is being converted to office building which is allowed per the PC Text, included for tracking purposes)]. Group V would reflect the deletion of Restaurant Site Nos. 4 and 5 from Office Site B. Group VI would reflect the deletion of Retail Site No. 2 from Office Site B. N Area A.M. Peak Hour P.M. Peak Hour Trips Trips Prior Amendment GP 2001 -004 1,272 s.f. 2.4(80%) 2.4(80%) 80% Prior Amendment GP 2004 -004 0 17.0(80%) 24.8 80% Prior Amendment 1,400 s.f. 1.6 (80 %)' 1.6(80%) GP 2004 -006 80% Prior Amendment 1,392 s.f. 2:4 (80 %) 2.4(80%) GP2005 -007 (80%). Proposed Amendment 24,016 42.7 (100%) 413(100%) 10o °l0 Total f 28,080 66.1 72.5 As indicated in the preceding chart, the resulting total of the proposed amendment and prior amendments would not exceed the 100 peak hour trip or 40,000 square foot thresholds and a vote pursuant to Charter Section 423 is not required. 4 If it is determined that the proposed amendment is a correction and not subject to Charter Section 423; staff will track the amendment with zero increases. Should it be determined that the amendment is subject to Section 423, staff will tract the 86 %.of the increases noted in the table above. Planned Community Text Amendment The proposed project requires an amendment to the Planned Community.Tezt tcallow. for the transfer of development intensity of 24;016 square feet of unused .retail, restaurant and office uses from Office Site B to Office Site A. No net increase in square footage will result from this Amendment. The applicant plans not to utilize the entire, . 24,016 gross square feet; only 21,311' square --feet would be used for the proposed.:' office building. The proposed office development meets all the development standards specified in the Koll Center Planned Community development standards for building setbacks and on -site parking. The remaining square footage of 2,705 will be reserved for future office development. The applicant is proposing to amend, Group I (Professional and Business Offices), Group V (Restaurants) and Group VI (Retail and Service Center) of Section I of Part II (COMMERCIAL) of the Koll Center Planned Community Text. Under Group. 1, Office Site,A would gain 24,016 square feet (from 342,131 to 366,147), Office Site B would change from 965,216 to 967, 803 square feet [965,216 — 4,481(unused office area) ± 7,068 (Koto Restaurant is being converted to office building which is allowed per the PC Text, included for tracking purposes)]. Group V would reflect the deletion of Restaurant Site Nos. 4 and 5 from Office Site B. Group VI would reflect the deletion of Retail Site No. 2 from Office Site B. N J Koll Center Newport September 7, 2006 Page 11 Parking Parking for the proposed office building will be provided by a 17 -space garage below the building and within the common parking pool on the surrounding Koll Center common parcel. The proposed building will be .utilizing the parking immediately available on the easterly and southerly sides of the building and underneath the building. The existing and proposed office use parking pool for Office Site A is as follows: Existing Proposed Net Office Area 342,131 362,631 Parking Spaces Provided 1,314 1,335 Parking Spaces Required 1,224 1,293 Parking Space Surplus 90 42 Although the proposed building will remove surface parking,. the project will increase.the total supply with the 17 -space garage under the building and restriping of the common parking lot creating a surplus of parking. Environmental Review A Mitigated Negative. Declaration (MND) has been prepared by EDAW, Inc. for the proposed project in accordance with the Implementing guidelines of the California Environmental Quality Act (CEQA). The MND is attached as Exhibit No. 3..The..MND . identifies seven (7) issue areas with 32 mitigation measures. Those issues are: Air Quality, Cultural Resources, Hazards/Hazardous Materials, Hydrology/Water Quality, Noise, Transportation[ftaffic, Utilities and Service. Systems. The MND was circulated for public review between August 10 and September 5, 2006. Staff has not received any comments on the MND as of the date of staff . report preparation. Staff will prepare responses to comment for consideration, if comments are received, and present them to the Planning Commission at the September 7`" hearing for consideration. PUBLIC NOTICE Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property (excluding roads and waterways) and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. The environmental assessment process has also been noticed in a similar manner and all mandatory notices per the California Environmental Quality Act have been given. v3 Koll Center Newport September 7, 2006 Page 12 Finally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the city website. PUBLIC COMMENTS On August 30, 2006, staff received a letter from Pres- Lakeside L.P., owners of a 1.28 acre parcel (Koto Restaurant site) located within Office Area B of Koll Center Newport requesting the Commission take no action of the Koll application at the September 7th hearing. The purpose of the request is to allow the owner of this site to have further discussions with the Koll Company pertaining to the parking and other development matters for their property. In response to this request, the Koll Company responds with a letter stating their reasons for the Planning ,Commission not to grant the request (Exhibit 6). SUMMARY The Koll Center Newport Planned Community allows 24,016 square feet of additional development. that the 1988 and 2006 Land Use Elements do not. This entitlement pre- dated the 1988 Land Use Element and staff believes that there was no intent to eliminate ft. The proposed General Plan Amendment will recognize this.' .unbuift. entitlement and make the Land Use Elements consistent with the Koll Center Newport Planned Community. Staff believes that the proposed General Plan Amendment does not conflict with.the policies identified in the 1988 and 2006 Land Use Elements; does not exceed any of the, thresholds for a vote established .by Charter Section 423, and the transfer of unused office, retail and restaurant square footage within the statistical area can be supported: Additionally, staff believes that the Planned Community Development Plan Amendment . request for. the transfer of unused square footage can also be supported, as the --proposed office development meets all the development standards speerfied1h" a Koll Center Planned Community development standards and will not be detrimental to the surrounding office developments as the new construction occurs within a sizable parcel owned by the applicant. The proposed building height, size, and architectural design of the project will be physically compatible with the existing and surrounding professional office and commercial developments. There will be no impact to the overall pool parking for the entire Office Site A. The draft resolution recommending approval of the project has three components. First, ft suggests that the 1988 Land Use Element be amended as described in the report. The amendment will'become effective upon adoption by the Council and ft would remain effective if the 2006 Land Use Element is not adopted by the voters. Second, ft recommends that the subject amendment affect the 2006 Land Use Element only upon its effectiveness since it can not be amended at this time as ft will appear on the November 2006 ballot This is the only way to avoid having this project re -heard after I Koll Center Newport September 7, 2006 Page 13 the effectiveness of the 2006 General Plan Update. Third, the resolution recommends adoption of the suggested changes to the Koll Center Newport Planned Community by ordinance. Prepared by: 1101 alinh M. Ung, s ociate Planner Submitted by: Gregg Rdmirez,,Acting Plann 70irector Exhibits: 1. Planning Commission Resolution No. 2006- _ (to be provided under a separate cover) 2. Applicant's Letter of Request 3. Initial Study & Mitigated Negative Declaration' 4. Prior PC Text Amendment (1972 -2005) for Koll Center's Office Areas A &B 5. Project Plans 6. Public Comments 615 ATTACHMENT E FINAL INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION (WITH ERRATA AND RESPONSE TO COMMENTS) lu'l x'41 ERRATA and RESPONSE TO COMMENTS for the proposed KOLL COMPANY CORPORATE HEADQUARTERS PROJECT Prepared for: City ofNewport Beach Planning Department 3300 Newport Boulevard Newport Beach, CA 92663 Rosalinh M. Ung, Associate Planner (949) 6443208 Prepared by: EDAW, Inc. 8954 Rio San Diego Dr., Suite 610 San Diego, CA 92108 Dustin Fuller, Project Manager (619) 291 -1347 September 2006 ERRATA FINAL MND FOR THE KOLL COMPANY CORPORATE HEADQUARTERS PROJECT Upon completion of the Public Review period and receipt of comments for the Draft Mitigated Negative Declaration (MND), errors and areas requiring clarification or modification in the MND text were identified. The text has been changed in instances where information presented in the Draft MND required the clarification of the following: application requests and environmental analysis, or where information presented was unclear or additional information was deemed warranted within the Draft MND. These changes are provided below in strike - out/underline format. The changes have also been reviewed and none of them affect the impact conclusions of the MND. Minor typographical errors (i.e., punctuation, capitalization, etc.) identified within the Draft MND are not shown below. In addition, the following is provided solely to clarify the IS /MND discussion of the proposed General Plan Amendment for a net increase of 24,016 gross square feet within Office Site A. It, does not represent new information that was not included in the IS/MND. As a result, the impact analyses and mitigation measures of the IS/MND remain the same; this clarification does not result in impacts beyond those identified within the IS /MND. An amendment to the Land Use Element is being sought to: 1) increase the floor area in Office Site B by the unbuilt floor area identified in the PC Text; and 2) transfer the unbuilt floor area to Office Site A to facilitate the development of the new Koll Company Headquarters, since the existing Land Use Element did not account for the unbuilt floor area that the PC Text allowed within Office Site B of the Koll Center Planned Community. The Use Permit application is no longer applicable as it is only required when there are no other legislative requests as part of an application. However, for the proposed project, the application includes amendments to both the General Plan and Planned Community. Both of these amendments are considered legislative actions that require findings and public participation. For these reasons, the Use Permit is not required for the proposed project. All comments received during the review period from August 4 through September 5, 2006 for the Draft Koll Company Corporate Headquarters Initial Study and Mitigated Negative Declaration document were noted and incorporated into the document as appropriate. All comments on the draft MND and the responses to these comments are provided in the Responses to Comments section. Section 1,1 Introduction. pace 1 -1: paragraph 1 This Initial Study evaluates and identifies the potential environmental impacts which may result from the proposed Koll Company Corporate Headquarters project ( "proposed project'), in the City of Newport Beach. The proposed project site encompasses approximately 64,897 square feet (1.49 acres) within the Airport Area of the City in Koll Center Newport Planned Community, Office Site A, approximately one -half mile south/southeast of John Wayne Airport. The proposed project includes the development of a two -story (40 feet tall or maximum 88.5 feet above mean sea level) office building totaling 21,311 gross square feet (GSF), 17 subterranean parking spaces, and 94 surface parking spaces on an existing paved parking lot. Discretionary actions required for the project are discussed in Section 2.4 of this Initial Study and briefly listed below: Section 1.1 Introduction: page 1 -1: paragraph 2 As discussed above, a Use Permit is needed when there are no other legislative requests as part of an application. However, since the proposed project includes the General Plan and Planned Community amendments, which are considered legislative actions that require findings and public participation, the Use Permit is not required for the proposed project. The following language has been deleted from the Draft IS /MND. A Use Pefmit (UP 2006 008) to allow the timisfef of development intensity fi;eni offiee Site B t@ 0 Site A. Section 1.3 Summary of Findings: nape 1 -2: paragraph 2 Based on the findings of the environmental analysis in Section 3 of this Initial Study, the proposed Koll Company Corporate Headquarters Project has the potential for creating significant adverse impacts to Air alit , Cultural Resources, Hazards and Hazardous Materials, Hydrology/Water Quality, Noise, Transportation/Traffic, and Utilities and Service Systems. Mitigation measures have been identified to prevent or reduce these impacts to less than significant levels. These measures are listed below. Section 1.3 Summary of Findings: page 1 -3: paragraph 4 Mitigation Measure 3.3-8: Where vehicles leave the construction site and enter adjacent public streets, the streets shall be swept daily ^- washed down at the and of the work a^° to remove soil tracked onto the paved surface, Any visible track -out extending for more than fifty (50) feet from the access point shall be swept of washed- within thirty (30) minutes of deposition. Section 2.1.2 Project Area: page 2 -2: paragraph 4 The Airport Area (Statistical Area L4) is divided into three Planned Communities: 1) Koll Center Newport; 2) Newport Place; and 3) Campus Drive. The proposed project is located in the approximately 179 -acre Koll Center Newport (KCN) Planned Community, which is divided into multiple sub -areas. The project is located in the 30.9 -acre sub -area known as KCN Office Site A, which is bounded by MacArthur Boulevard to the west, Birch Street to the north and northeast, and Von Karman Avenue to the east and south. The project site is located on the approximately 64,897 square foot (1.49 acres) in the central portion of Office Site A, abutting MacArthur Boulevard and the entry drive to Office Site A from MacArthur Boulevard between Birch Street and Von Karman Avenue. Office Site B is located immediately south of Office Site A and bounded by Von Karman Avenue, Birch Street, MacArthur Boulevard, and Jamboree Road. Section 2.1.2 Project Area—maEe 2 -3: paragraph 1 The proposed project site is currently improved with paved surface parking, ornamental landscaping and trees, and hardscape area surrounding the existing 9 -story office building (Figure 2 -2). The proposed two-story office building would replace the existing surface parking spaces and ornamental landscaping and trees in the northern portion of the project site while additional surface parking spaces would replace the existing ornamental landscaping and trees and hardscape area in the southern portion of the project site near the existing 9 -story office building. The proposed project site has a relatively flat terrain due to past grading and site development activities associated with the existing use of the site. .On -site elevations range from approximately 47.5 to 48.5 feet above mean sea level famsl). Section 2.2 Description of the Proposed Protect: page 2 -3: paragraph 3 The proposed project includes the development of a two-story (40 -feet tall or maximum 88.5 feet amsl), 21,311 gross square foot (GSF) office building above one subterranean parking level consisting of 18 spaces (Figure 2 -3) on the approximately 64,897 square foot (1.49 acres) site. The remaining 54,197 square feet (1.24 acres) of the site includes 98 parking spaces and ornamental landscaping and trees. The proposed project requires a General Plan Amendment (GP2006 -003) to allow an additional 24,016 GSF of general office within Office Site A for the Koll Center Newport of the Airport Area (Statistical Area L -4); however, the proposed project would only utilize 21,311 square feet of this area. The proposed project would also require an amendment to the Koll Center Newport Planned Community (PD 2006 -0001) to allow the transfer of 24,016 net square feet (NSF) of unused retail (10,000 NSF), restaurant (9,535 NSF), and office (4,481 NSF) uses from Office Site B to Office Site A. A--UA Center N aw......t Planned Geis. -u-4 Section 2.2 Description of the Proposed Proiect: page 2 -8: paragraph 1 The proposed project would provide approximately 16,844 square feet of area for ornamental landscaping and entry plaza, or 26 percent of the 1.49 -acre project area trees. The proposed landscaping would integrate the project with the mature landscaping of Koll Center Newport by maintaining and complimenting the existing Eucalyptus and Liquidambar tree vocabulary and ground cover /shrub foundation planting Complimentary accent specimen landscaping will provide visual focus at the building's main plaza and entry. The existing-30 foot landscape setback on MacAruthur Boulevard as well as the existing perimeter landscRiny along the entry drive will not be altered by the proposed pro ect. Section 3.1 Aesthetics: page 3 -2: paragraph 6 The proposed project would change the existing use of the site from paved surface parking spaces and ornamental landscape and hardscape areas to a two -story (40 -feet tall or maximum 88.5 feet amsll office building with one level of subterranean parking surrounded by surface parking areas and ornamental landscaping and trees. Section 3.3 Air Ouality: nape 3-8: paragraph 9 Mitigation Measure 3.3-8: Where vehicles leave the construction site and enter adjacent public streets, the streets shall be swept daily OF washed down at the end of the WOFIE to remove soil tracked onto the paved surface. Any visible track -out extending for more than fifty (50) feet from the access point shall be swept eF washed within thirty (30) minutes of deposition. Section 3.7 Hazards and Hazardous Materials: page 3 -22: paragraph 1 The regulations include established measures for proper storage, use, and disposal, and a risk management and prevention plan for accidents. Truck oil change, equipment maintenance, and other activities that may release hazardous materials during construction would be conducted in accordance with existing regulations, such as the National Pollutant Discharge Elimination System (NPDES), to prevent soil and water contamination and accidents. Compliance with all applicable regulations would prevent spills and accident conditions that could release hazardous materials into the environment. Further, traffic safety signs and controls would be provided to create safe driving conditions and prevent vehicle accidents. Thus, potential impacts caused by hazardous materials accidents are expected to be less than significant. Section 3.7 Hazards and Hazardous Materials: page 3 -22: paragraph 4 No Impact. According to EPA, the project site is not listed on the Department of Toxic Substances Control Hazardous Waste and Substance List (Cortese List) — the list of hazardous materials sites compiled pursuant to Government Code Section 65962.5. The proposed project site is also not listed on the U.S. EPA Envirofacts Toxics Release Inventory (TRI). Therefore, implementation of the proposed project would not result in a risk to the public or the environment. As discussed above, the nearest hazardous material users are Conexant Systems, Inc. and Newport Fab LLC at 4311 and 4321 Jamboree Road, respectively, approximately 0.5 miles southeast of the proposed project site. No impacts on the public or the environment caused by these hazardous material users would occur with because of the proposed project. Section 3.8 Hydrology and Water Ouality: page 3 -24: paragraph 5 tn Less than Significant Impact with Mitigation Incorporated. The City of Newport Beach is located within Region 8 (the Santa Ana Regional Water Quality Control Board [RWQCB]). The City of Newport Beach is a co- permittee with Orange County in the NPDES Program. Accordingly, the Project Applicant is would b required to comply with all applicable Federal, State, regional, and local regulations to protect water quality during construction and operation of the proposed project as described in further detail below. Section 3.8 Hydrology and Water Quality: page 3 -27; varaerav] 2 Less than Significant Impact. As discussed throughout this section, operation of the proposed office building would not substantially alter the amount of impervious surfaces on the proposed project site; thus, the amount of runoff water generated on -site and entering existing and planned stormwater drainage facilities would not be substantially increased by operation of the proposed project. Street sweeping of public streets is provided to remove and prevent debris from entering the storm drain system. The City requires catch basin stenciling to discourage waste disposal from entering into the storm drain system. Continued implementation of these city -wide programs would further reduce potential stormwater pollution from development. Furthermore, mandatory compliance with WQMP requirements regarding the implementation of on -site stormwater pollution mitigation and treatment and other BMPs for urban stormwater pollutant prevention would ensure that substantial additional sources of polluted runoff are not generated on -site. Section 3.9 Land Use and Planning: page 3 -32; paragraph 1 The proposed project is located within the Koll Center Newport Planned Community (KCN PC). The City has adopted Planned Community District Regulations (PC -154 Koll Center) that establish development standards and use regulations to implement the General Plan. As shown in Figure 3 -2, Planned Community Map, this planned community area is bounded by Campus Drive, Jamboree Road, and MacArthur Blvd. Areas within the Planned Community text are broken down still further into what are referred to as office site areas (KCN Office Sites A -G) as well as two industrial areas, a courthouse, and a retail service site. The proposed project is located within KCN Office Site A of the KCN PC. This area includes Administrative, Professional, Financial Commercial (APF) uses. Office Site B is located immediately south of Office Site A and bounded by Von Karman Avenue Birch Street, and Jamboree Road. Section 3.9 Land Use and Planning: page 3-34: paragraph 2 Less than Significant Impact. The proposed project would involve a general plan amendment; and an amendment to the Planned Community text. as '� �^^�.; as Ei 'o Use Pe-r t. Each of these areas is discussed in further detai I below. Section 3.9 Land Use and Planning: page 3 -34: paragraph 3 The current General Plan land use designation on the proposed project site is Administrative, Professional, Financial (APF). The proposed office development is consistent with the APF designation and nAlo change in land use designation is proposed by the project. The General Plan Amendment is required to amend the estimated growth for Statistical Area L4 to allow for an additional 24,016 square feet of development within this area. The additional square footage would be transferred from one portion of the Airport Area to another (from KCN Office Site B to KCN Office Site A). The transfer would add to increase the existing total within KCN Office Site A to 834,201 and reduce the square footage within KCN Office Site B to 1,060,146. Since the 1988 Land Use Element did not account for the unbuilt floor area that the PC Text allowed in Office Area B, an amendment to the Land Use Element is being sought to increase the floor area in Office Site B by the unbuilt amount identified in the PC Text and then transferring it to Office Site A to facilitate the development of the new Koll Company Headquarters. M Section 3.9 Land Use and Planning: Page 3-35: Paragraph 1 The proposed project's increase of square footage within KCN Office Site A of the Airport Area would not result in a conflict with the General Plan. The increase of square footage, once accounted for, would result from in a transfer of available square footage f am ene area -of within the Airport Area from KCN Office Site B to KCN Office Site A. to ane e and .. atild - °-e °° - of squa ^e f ge hat is allowed in the General Plan. As such, the net result of the project would only slightly alter the distribution of allowed square footage but would not result in new square footage that could result in higher population, housing, or work force projections that could lead to increased traffic trips, decreased air quality or a larger need for public services. Additionally, the proposed project would conform to the two land use policies discussed above and would not conflict with or serve to restrict the other land use policies found in the General Plan. A less than significant impact to the General Plan would result with implementation of the proposed project. Section 3.9 Land Use and Planning: Page 3 -35: parapraph 2 and 3 As discussed above, a Use Permit is not required for the proposed project. As such, the text has been modified to remove this discussion. ln el-dc; to t°affifer the neeessafy square fb� ages between K N OS B and KGN nc A, a use-pe te City's ].. ing Code Per this s e f!he Zoning lode fifidi ..s must he rmde vcve .w -- - -a-p- p-ro...,�e . tl.e benefit te !he aestheities of the aFea, results in struetuFes that are earApatible and do net Fesult in abrulm e4anges in scale within the aFea, no lfnpaiFFRePA of PUblie NFieAb result, and no significant traffie impaets r.c f9SHit Section 3.11 Noise: Daze 3 -39: paragraph 1 Less than Significant Impact with Mitigation. Implementation of the proposed project would result in short- term construction - related noise increases. Additionally, long -term increased noise levels could result from the introduction of office uses and associated vehicle traffic along the adjacent roadways. Short- and long -term noise level increases are discussed in further detail in the sections that follow, Section 3.11 Noise: Page 3 -41: paragranh 3 During construction, noise impacts would occur from grading, equipment operations, and other construction activities. Noise from scrapers, jackhammers, pavers, and other types of construction equipment may range from 75 to 100 dBA at 50 feet from the source. Typical operating cycles may involve one to two minutes of full power operation followed by three or four minutes at a lower power. Construction noise would occur on a short -term and temporary basis, when development is under construction. As discussed in Mitigation Measure 3.11 -1, construction activities would be confined to the designated daytime hours, 7 AM to 6:30 PM on weekdays and 8 AM to 6 PM on Saturday, and would comply with the noise regulations of the City of Newport Beach. Thus, noise from the construction activities on the site would be confined to the daytime hours, when noise sensitivity is less. Inclusion of this mitigation measure would be reduced noise impacts to less than significant levels. Section 3.11 Noise:Vage 3 -42: paragraph 2 The project is approximately 1/4-mile southeast of the Airport property boundary line. Within this zone, the height of project is restricted to 200 feet above mean sea level or less to ensure the safety of air traffic and ground structures. Because the project is proposed to be 40 88 feet in hit above mean sea level it will not conflict with the planning guidelines of d ° °'° ° ° ° °' °.: °a°' °a by the Airport Environs Land Use Plan (AELUP). The proposed project lies within the 60 dBA in CNEL, but outside of the 65 dBA in CNEL, contours generated from airport traffic. With standard building design guidelines, the proposed project will keep interior noise levels generated from air traffic at a level that is less than significant. Furthermore, as the project will not affect aircraft or airport operations, there will be no increase in the exposure of people in the area to noise levels associated with these sources. Section 3.12 Population and Housing: nape 3-43: paragraph 3 Less than Significant Impact. The project proposes a two-story office development and will serve as a corporate headquarters employing approximately 50 persons. These Employees are currently working elsewhere in Newport Beach; therefore, no immediate local or regional growth in population or employment will occur. No major infrastructure is needed to serve the proposed project. Therefore, the population growth resulting from the proposed project is not expected to result in a significant impact. Section 3.16 Utilities and Service Systems: page 153 yaragrap) 2 Mitigation Measure 3.16 -7: Installation of Ultra -Low Flush Toilets (ULFT) in the residential tinit development. i Letter of Comment Response to Comment AlRpou LAND USE COMIKSSION '31Z T-1 Z-V = NO, i,h ix, The language contained on page 3-41 Section 3.11 E, Noise has been revised as shown below. "The project is approximately '/.-mile southeast of the Airport property ....... boundary line. Within this zone, the height of project is restricted to 200 feet movc rm,an 's!,;1 or less to ensure the safety of air traffic and ground structures. Because the project is proposed to be 40 F feet iw hcihiabove me sei evel it will not confli ct with Elio mifftda�M-4)v the Airport Environs Land Use Plan (AELUP). The proposed project lies within the 60 dBA in (NEL, but outside of the 65 dBA in CNEL, contours generated from airport traffic. With standard building design guidelines, the proposed project will keep interior noise levels generated from air traffic at a level that is less than significant. I Furthermore, as the project will not affect aircraft or airport operations, there will be no increase in the exposure of people in the a r eato noise levels associated with these sources." Additionally, the project applicant has filed Form 7460-1 with the Federal Aviation Administration (FAA) on July 26, 2006. In response to this filing, FAA has responded with its determination which found -0 1h, 04" that the proposed project would have no hazard to air navigation. Zg6 I" � b 6ti I AA m-,A M%3 Letter of Comment Response to Comment X.4: ua. bie4.n>;t _�ragfx f•31 : tIe 'itua,ri'uz° c ". 2. It is agreed that completion of the FAA 7460 process must be 1' completed prior to the General Plan Amendment decision. However, the timing of the required approvals was not clearly determined at the the draft IS/MND. As the latest date time of the preparation of such, 2 ) " " "` "` " " = °'°'rs•-` "'' ° "•�' "�' "� that could be applied (issuance of building permits) was used in � ; «hc.anrotl,x_< nr -x >t, rfz& rA A 3 ,. maI, eo >_<ar t t :_ Mitigation Measure 3.7 -1. However, during the public review period, iw r,rAp°" :.ra- •rs:vmt+ x" :" -` - ` "$ •' `� '.trtl the applicant received a determination from the FAA that the project Ptt tASx.amNat 1,11W9 Y',:. wk rlI I, irt A.� �. tx4+. +swsto.usSmur a .� e, •;:,,,.f M.r�.� causes no hazard to air navigation (August 29, 2006). On that same date, a request was made to the Airport Land Use Commission to X34 e tLis� +cwv ai r�<�. determine consistency with the Airport Environs Land Use Plan. The date requested for this review is September 21, 2006. This date falls r = -, *, ,.. -- ,w -..� +�.t,� =.i.. - =, .t.;Y =;w;..� .. . >•:,�!. between the Planning Commission hearing date of September 7, 2006 3 and the City Council anticipated hearing date of September 26, 2006. -�k .r i .:'t ',. -.- While the mitigation measure states that the filing of Form 7460 -1 must occur prior to the issuance of a building permit, this language still allows for the process to take place as discussed in the comment ..: � letter, ALUC its determination to the with the making poor ' + -z: -`Aa ` " amendment of the General Plan. 4 �s•,.a f, c x�ccev : ma+ay..�r.t�} , � s +_ :.r, f.ecir��k tM t{t4 U>». k,a M1�oxh :u tv vi "nu m,ws III `' �` +` " ° "0 � �"x`S 7 '�+ A' t '' ��+tN °' 3. No heliports would be included with the proposed project. hl—lt; :4 .aa tes ls. Ai t'_en lwitw a. in n;rNJu +fr' *;_.. .. ,trvs ri 4. Please refer to response to comment #2, above. i�frs� ' ��trt � . tKj k'AtNS]l111 1. 54. t;, t LJ '§ `C•Y54' -+�[L �-LL i' ➢I9 ".�bA (g� Letter of Comment his. Rosefuh u W City of N%MPM Bauch 3300 Newprr Scukatud °aewPCrt Besdl,CA S20S3 SMECT: Review of a Wfitated Negative Dectatation for Me Kdi Company t0noMta NetelmartersProject Guar Alt. Ung: The City of crone tea r000"d 61,4 re,"%d Ma efo reson pepenod regodmg file ahae rekaenead pored aM has the fdbaeg ceannents: TM CiryW bra?e iaYieves a trace sNd2 ,016 be eriCo aM the C hnp B t the 4eceiha tamtfer W a3bew tf ofsors: L'tt t the KCti Rtfiu 58e 8 b the KCP3 Office S&a k for the `- cavn+�, reasons: 5 a- than a rthe w of irk oLjre gad ny pea prf to 1299 RGB }s j,, ace uap sv mly Cnan p+a n+inanum ,ecukenreri recassar'Y to inStiata • lrafr�c snoaU o,oysa tear is eXo Beaty* Treiae ?haaing OPOWMura9 (TPO), SBr6. 0n 15 3G Of the MWiCTW Cade} b She 35RNVI} deaS out txwde an aae pad Pfd peas iwUr Mb s510 6 deannane g» level of wwact to currowi&v sheets de+ng to peas pomade. - hmf"e, the tree ftom of the 3 qed are rat dat9oeod and conrux be F.ropp Wanowed. c. The C-ily a inrem r"ta +es a kaftotvw �' ary p end Nnvnvee one sans�on atw peak laver p {p, liceciwse tta iS'M?3D ducts not aa,y duccme tte' IX drt,v�ct, the City of Woe is amble W deha:nme 7 whether the protect W* kwpe ct If u, scoots old N C t. 'vldffaut iumer analysis. the cayaf h nne can coif' atnurrre seethe puioo has 00*0140 in10" unhm ltv The Cdy d tnane pxvalcre requests tea trait sdady ne pref»aud as %mM be t0gcmd for a similar project e, n ane Which+tufts in ttanster of One it) a moue houruvs Afi Response to Comment 5. It should be clarified that although 24,016 square feet is to be transferred, the proposed project would only develop 21,311 square feet. Based on the established criteria utilized by the City of Newport Beach, the proposed project would generate 299 average daily trips (ADT). As discussed in Seetion 15.40.020 of the City's Municipal Code, one of the objectives of the TPO is to provide a uniform method of analyzing and evaluating the traffic impacts of projects that generate a substantial number of average daily trips and/or peak hour trips. Within Section 15.40.030, there is a discussion of exempted projects. Item number one under this heading is `any project that generates no more than three hundred (300) average daily trips.' The City of Newport Beach has established an average daily trip (ADT) total of 300 or more as substantial requiring the preparation of a traffic impact analysis. Projects with fewer than 300 ADT are exempt from preparing a traffic impact analysis. Because the proposed project results in less than 300 ADT, no traffic impact analysis is required. 6. AM and PM peak hour trips were not included within the environmental analysis prepared 1'or the project. This was primarily due to the fact that the City of Newport Beach's TPO did not require a traffic impact analysis. However, based on the comment letter received, an analysis of anticipated AM and PM peak hour trips is provided below. The rates utilized ate taken from the City of Newport Beach Transportation Analysis Model. ANTICIPATED PROJECT- GENERATED TRAFFIC Trip Generation Rates _ Land Use 4Ogegb Unit AM Peak Hour PM Peak Hour. city mrinh+e.^,„ -xC :rio vaaMr?lacx 'C Bax�0.i44adn. 0ati'xxrcs �:y�F iexaummd.ia Ex,aii Daily O.tyMni midms rev G3Adaii I our Total. his. Rosefuh u W City of N%MPM Bauch 3300 Newprr Scukatud °aewPCrt Besdl,CA S20S3 SMECT: Review of a Wfitated Negative Dectatation for Me Kdi Company t0noMta NetelmartersProject Guar Alt. Ung: The City of crone tea r000"d 61,4 re,"%d Ma efo reson pepenod regodmg file ahae rekaenead pored aM has the fdbaeg ceannents: TM CiryW bra?e iaYieves a trace sNd2 ,016 be eriCo aM the C hnp B t the 4eceiha tamtfer W a3bew tf ofsors: L'tt t the KCti Rtfiu 58e 8 b the KCP3 Office S&a k for the `- cavn+�, reasons: 5 a- than a rthe w of irk oLjre gad ny pea prf to 1299 RGB }s j,, ace uap sv mly Cnan p+a n+inanum ,ecukenreri recassar'Y to inStiata • lrafr�c snoaU o,oysa tear is eXo Beaty* Treiae ?haaing OPOWMura9 (TPO), SBr6. 0n 15 3G Of the MWiCTW Cade} b She 35RNVI} deaS out txwde an aae pad Pfd peas iwUr Mb s510 6 deannane g» level of wwact to currowi&v sheets de+ng to peas pomade. - hmf"e, the tree ftom of the 3 qed are rat dat9oeod and conrux be F.ropp Wanowed. c. The C-ily a inrem r"ta +es a kaftotvw �' ary p end Nnvnvee one sans�on atw peak laver p {p, liceciwse tta iS'M?3D ducts not aa,y duccme tte' IX drt,v�ct, the City of Woe is amble W deha:nme 7 whether the protect W* kwpe ct If u, scoots old N C t. 'vldffaut iumer analysis. the cayaf h nne can coif' atnurrre seethe puioo has 00*0140 in10" unhm ltv The Cdy d tnane pxvalcre requests tea trait sdady ne pref»aud as %mM be t0gcmd for a similar project e, n ane Which+tufts in ttanster of One it) a moue houruvs Afi Response to Comment 5. It should be clarified that although 24,016 square feet is to be transferred, the proposed project would only develop 21,311 square feet. Based on the established criteria utilized by the City of Newport Beach, the proposed project would generate 299 average daily trips (ADT). As discussed in Seetion 15.40.020 of the City's Municipal Code, one of the objectives of the TPO is to provide a uniform method of analyzing and evaluating the traffic impacts of projects that generate a substantial number of average daily trips and/or peak hour trips. Within Section 15.40.030, there is a discussion of exempted projects. Item number one under this heading is `any project that generates no more than three hundred (300) average daily trips.' The City of Newport Beach has established an average daily trip (ADT) total of 300 or more as substantial requiring the preparation of a traffic impact analysis. Projects with fewer than 300 ADT are exempt from preparing a traffic impact analysis. Because the proposed project results in less than 300 ADT, no traffic impact analysis is required. 6. AM and PM peak hour trips were not included within the environmental analysis prepared 1'or the project. This was primarily due to the fact that the City of Newport Beach's TPO did not require a traffic impact analysis. However, based on the comment letter received, an analysis of anticipated AM and PM peak hour trips is provided below. The rates utilized ate taken from the City of Newport Beach Transportation Analysis Model. ANTICIPATED PROJECT- GENERATED TRAFFIC Trip Generation Rates _ Land Use Sim Unit AM Peak Hour PM Peak Hour. Daily In I our Total. In out I Total _ General TSF 1.69 021 1.90 032 155 187 14.03 Office Proposed AM Peak Hour � PM,Poak-Hour Land�Use SiteUnit in Ant Total: In , out. Total Dally General 21311 TSF 36 4 40 7 33 40 299 Office Total 36 4 40 7 33 40 299 Source: New rt Beach Transportation Analysis Model 7. Although a similar project located within the City of Irvine would require a traffic impact analysis, City of Newport Beach requirements indicate that none is required. However, based on the information provided in the table above and assuming an even distribution of trips to the surrounding roadways, the total number of trips would not be substantial enough to add two percent or more of traffic to any streets or intersections within the City of Irvine. Letter of Comment Response to Comment sepR,,ser 1, 2M Pao 2 Pioae, pm +e, ,aa ,, 5afff, oA,,, to an*p*are bnpact& d, 8. Please refer to Response to Comments #5 and #7, above. 289 ACT trarofer. Tmsa* should drams t+a aerurvalant AM .4 PMT irw Vve1Wmnadm i" ezaasar "AOf#M Kate" ordw far areeaaaigrs 9. Koll Center Newport Office Site B is bounded b the following wp Y g atm"is of mracts to ocua. roadways (Refer to Figures 2 -1 and 2 -2): Birch Street, Von Karmann 9 �. It is1Wdear Irma the ore!cafoseak"aa aCo mretimexattaY where w �o, a ,lst„�f„ofagep%81vky„q,Nbe �,e"aa�,,, wderto Avenue, MacArthur Boulevard, and Jamboree Road. Please also see au =mftia u.a adatimal e+tuareItroge at trio site MCN 05" 5 i the Errata for the proposed project. DeWitt! ana Shaw the ocatiw of KCN OMM Site B m r gtm 2.1 . a. C7 Whetherw not marrovoseddaxdomn tisc0r � Nth the'anc 10. The proposed project is consistent with the land uses currently 10 uses oarenvpdoa�a` d ir.Cayaotwpor. eadfsG ra' Pon, or�ftre devolopment8 ptopoLad 4md tracts ra?y on uw nprwai Of tte Ckys C-xraral designated within the City of Newport Beach's existing General Plan Flan Update cv. iof,r protects and does not rely on the approval of the City's General Plan Update currently in progress. Please also see the Errata for the proposed Tmrk your the oppeM.at6yio reran micafor tra reposed rat. project. However, as discussed in Section 3.9, Land Use and Planning, ° aec` b` ofr., a, raetcauaniwv °ttmnc°a'tg`aed any ru.t„e the land uses proposed b the project would be compatible with land P P Y P P errswm'an ?al cbcurmrms rewarda�v�Prgea. rcyw heee �ni sgstsCm+s. ;Reese .I tai me at (949p T24-7453 or by &Ti9 a.LaWW slaftsa ^ uses proposed by the General Plan Update. a4 ctxKTS,nrcp Pi ;9 enact C: Storm Larose, rsefsant Cmi Wtenager Dog Y.4li ford, Mector'of Core+naaty De'.a:c::m of iE-mail) N" styart, Matter of NWIe Woftf- ma+l} N§aroml r.,am3z, 06Aft C% for o} vuG@c :.mks iE.rtr ) PA~ Haack. ManaW of?€annitg ate D"islom erK Servkac ;E -nmkl Ktavart Lau. Wervaho Twsportation Maayst tE4oar,0 Dard R. law, Senor Prancer (E.rmr.') 5 n9 r, Matto, Seteor Trarspo:t aticn Ar for (E-rtat) Letter of Comment Response to Comment CCIIPA Cal%omia Cultural Resource Preservation Ajgance. br. U.M. oi�..� ..."Wo, we * aM FLAW� AMR918% Pimmar, Pkiwift Dbpftma c1ly city of W-Wpmat" AdG 11 2P#5o NMVMt ts�k CA 4260 near &k 1- Thank you fi, Llsc oFportmaky w .,iam tlx of 1u w A6opl. Mi4wzd Wcp6w D=Im" 11. In compliance with the requirement of Senate Bill 18 to contact, for the Ka! fpmp�y CMt provide notice to, refer plans to, and consult with tribes prior to matm of th, 4�t. amendment of a general plan, the City of Newport Beach mailed a tribal consultation request describing the proposed general plan MO 913 19, amendment to the Native American Heritage Commission on August _prw W u im ocnam P3aa Axt q W . W P" ide nouze W rtes a "" & ke rwi. is he 30, 2006. VU - =ond ==1 al. 5)�M.W JW= 4 ' 00Mt0a M 4(MBI#i"Fk 12. Comment noted, L_#.,Ad ihmbe dkic. t, P=i4m 1y�WP0 9LIF0VL FINAL INITIAL STUDY and MITIGATED NEGATIVE DECLARATION for the proposed KOLL COMPANY CORPORATE HEADQUARTERS PROJECT Prepared for: C ty of Newport Beach Planning Department 3300 Newport Boulevard Newport Beach, CA 92663 Rosalinh M. Ung, Associate Planner (949) 644 -3208 Prepared by: EDAW, Inc. 8954 Rio San Diego Dr., Suite 610 San Diego, CA 92108 Dustin Fuller, Project Manager (619) 291 -1347 September 7, 2006 Idb TABLE OF CONTENTS Section Page 1 INTRODUCTION ............ _ ........................ .............................. .......................................... .. .... .... 1 -1 1.1 Introduction ............................................................................................. ............................1 -1 1.2 Purpose of the Initial Study and MND ................................................. ............................... 1 -1 1.3 Summary of Findings ........................................................................... ............................... 1 -2 2 PROJECT DESCRIPTION ..................................................... .................. .................... .. .......... 2 -1 . 2.1 Project Location and Environmental Setting ........................................ ............................... 2 -1 2.2 Description of the Proposed Project ..................................................... ............................... 2 -3 ! ' 2.3 Objectives of the Project .................................................................. ............................... 2-8 2.4 Discretionary Actions ............. ............................... ........... 2 -8 3 ENVIRONMENTAL ANALYSIS....._ ............... _ .................................. .. ................. ............ _.... 3 -1 3.1 3.2 3.3 3.4 3,5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 Aesthetics...................:.................................... ............................... Agriculture Resources ..................................... ............................... AirQuality ...................................................... ............................... Biological Resources ........................................................ I.............. Cultural Resources ........................ ............................... Geologyand Soils ......................... ............................... Hazards and Hazardous Materials ............................... Hydrology and Water Quality ...... ............................... Land Use and Planning ................. ............................... Mineral Resources ......................... ............................... Noise.............................................. ............................... Population and Ho Public Services .............................. ............................... Recreation..................................... ............................... Transportation and Traffic ............ ............................... Utilities and Service Systems ........ ............................... 4 MANDATORY FINDINGS OF SIGNIFICANCE ....... 4.1 Findings ................................................... I.............. 4.2 Mitigation Measures ............... ............................... 5 LIST OF PREPARERSIREFERENCES 5.1 Preparers of the Initial Study /MND ...................... 5.2 References .......................... .....................7* * * * * * * ** .. 5.3 Persons Contacted .................. ............................... ................. ............................... -- I ................. ............................... 3-41 ................. ............................... 3-43 ................. ............................... 3-45 ...................... ..........................'3 -46 ................. ............................... 3-49 6 MITIGATION MONITORING AND REPORTING PROGRAM ........................... 41 ........................... 4 -1 .................. I........ 4 -1 ........................... 5 -1 . ............................5 -1 ............................. 5 -1 ............................. 5 -2 ................ .......... 6-1 Koll Company Corporate Headquarters Page i Initial Study and MND I APPENDICES: Table of Contents (oontinued) A— ENVIRONMENTAL CHECKLIST FORM B—AIR QUALITY ASSESSMENT Table 3-1 3-2 3-3 34 �3~5 3-6 | Figure 2-1 2-2 2-3 24 3~l 3-3 LIST OF TABLES Page SCAQMD Air Quality Significance 7hre6solda...........—..................... 3~6 Estimated Daily Construction Eroissinoa ............................................................................................ 3~7 Estimated Daily Operational Emissions ..................................................................................... 3~lO Project Setback Requirements ...............................................~.3~3j City of Newport Beach Interior and Exterior Noise ............ ... ................................. 3`88 Population <]nxwth........................................................... 341 Regional Projections ......................................'...........'.,...~. 3^42 LIST OF FIGURES Page Koll Company Corporate Headquarters Page I/ InNal Study and MND Z� SECTION 1: INTRODUCTION 1.1 INTRODUCTION, This Initial Study evaluates and identifies the potential environmental impacts which may result from the proposed Koll Company Corporate Headquarters project ("proposed project "), in the City of Newport Beach. The proposed project site encompasses approximately 64,897 square feet (1.49 acres) within the Airport Area of the City in Koll Center Newport Planned Community, Office Site A, approximately one -half mile south/southeast of John Wayne Airport. The proposed project includes the development of a two-story (40 feet tall) office building totaling 21,311 gross square feet (GSF), 17 subterranean parking spaces, and 94 surface parking spaces on an existing paved parking lot. Discretionary actions required for the project are discussed in Section 2.4 of this Initial Study and briefly listed below: A General Plan Amendment (GP2006 -003) to allow an additional 24,016 GSF of general office within Office Site A for the Koll Center Newport Planned Community in the Estimated Growth for the Airport Area (Statistical Area L-4); An amendment to the Koll Center Newport Planned Community. (PD 2006-001) to allow the transfer of 24,016 net square feet (NSF), of unused retail (10,000 NSF), restaurant (9,535 NSF), and office (4,481 NSF) uses from Office Site B to Office Site A; A Use Permit (UP 2006 -008) to allow the transfer of development intensity from Office Site B to Office Site A. The proposed commercial/office development is considered a project under the California Environmental Quality Act (CEQA), and the City of Newport Beach is serving as the Lead Agency for the proposed Koll Company Corporate Headquarters project. Section 21067 of CEQA defines a Lead Agency as the public agency that has the principal responsibility for carrying out or approving a.project which may have a significant effect on the environment. The City of Newport Beach is responsible for approving the proposed Project; thus, the City will serve as the Lead Agency, and has the authority to oversee and complete the environmental review process for the proposed Project. 1.2 PURPOSE OF THE WnGATED NEGATIVE DECLARATION AND INITIAL STUDY As part of the environmental review process for the proposed Project, the City of Newport Beach has authorized the preparation of this Initial Study. The Initial Study provides a basis for understanding whether there are environmental impacts associated with the proposed Project and, if environmental impacts are likely to occur, whether such impacts could be significant. The purposes of this hritial Study, as stated in Section 15063 of the CEQA Guidelines, are as follows: To provide the City of Newport Beach with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR) or Negative Declaration (ND) for the proposed Koll Company Corporate Headquarters Project; • To enable the City of Newport Beach to modify the proposed Project, by reducing or eliminating any adverse impacts before an EIR is prepared, thereby enabling the proposed Project to qualify for a negative declaration; • To assist in the preparation of an EM, if one is required, by focusing the EIR on the effects determined to be significant; identifying effects determined not to be significant; and explaining reasons for determining that potentially significant effects would not be significant; K011 Company. Corporate Headquarters Page 1 -1 lnNal Study and MND IZA lntroductlon • To identify whether a program E1R, tiering, or another appropriate process can he used for the analysis of the project's environmental effects; • To facilitate the environmental review of the project early in its design; • To provide documentation for findings in a Negative Declaration that the project would not have a significant effect on the environment; • To eliminate unnecessary environmental impact reports; and • To determine whether a previously prepared EIR can be used for the project. Based on the findings of the Initial Study, the City of Newport Beach could then determine the subsequent environmental review needed for the proposed Project, which may take the form of a (Mitigated) Negative Declaration (NINDIND) or an EIR Adoption of the MND ends - the- saviranmental review process for thv — proposed Project by identifying measures or incorporating changes to the proposed Project that would reduce or prevent the proposed Project's potential adverse impact and thereby, eliminating the need for an EIR. 13 SUMMARY OF FINDINGS Based on the findings of the environmental analysis in Section 3 of this Initial Study, the proposed Koll Company Corporate Headquarters Project has the potential for creating significant adverse impacts to Cultural Resources, Hazards and Hazardous Materials, Hydrology/Water Quality, Noise, Transportation/Traffic, and Utilities and Service Systems. Mitigation measures have been identified to prevent or reduce these impacts to less than significant levels. These measures are listed below. Air Quality The following mitigation measures are recommended to ensure that construction- realted air impacts would remain at less than significant levels: Mitigation Measure 3.3 -1: Use pre - coated building materials. Mitigation Measure 3.3 -2: Use high pressure-low volume (HPLY) paint applicators with 50 percent efficiency. Mitigation Measure 3.3 -3: Use lower volatility paint not exceeding 100 grams of ROG per liter. Mitigation Measure 3.3 -4: During grading activities, any exposed soil areas shall be watered twice per day. On windy days or when fugitive dust can be observed leaving the proposed Project site, additional applications of water shall be applied to. maintain a minimum 12 percent moisture content as defined by SCAQMD Rule 403. Under windy conditions where velocities are forecast to exceed 25 miles per hour (as ascertained by phone calls to the SCAQMD), all ground disturbing activities shall be halted until winds that are forecast to abate below this threshold. Mitigation Measure 3.3-5: The proposed Project shall comply with regional rules such as SCAQMD Rules 402 and 403, which would assist in reducing short-term air pollutant emissions. Rule 403 requires that fugitive dust be controlled with best available control measures so that the presence of such dust does Koll Company Corporate Headquarters Page 1-2 Initial Study and MND 2Z - - not remain visible in the atmosphere beyond the property line of the emission source. Rule 402 requires dust suppression techniques be implemented to prevent fugitive dust from creating a nuisance offsite. These dust suppression techniques are summarized as follows: a. Portions of the construction site to remain inactive longer than a period of three months shall be seeded and watered until grass cover is grown or otherwise stabilized in a manner acceptable to the City. b. All on -site roads shall be paved as soon as feasible or watered periodically or chemically stabilized. :. C. All material transported offsite shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. d. The area disturbed by clearing, grading, earthmoving, or excavation operations shall be minimized at all tunes. Mitigation Measure 3.3-6: All vehicles on the construction site shall travel at speeds less than 15 miles per hour. Mitigation Measure 3.3-7: All material stockpiles subject to wind erosion during construction activities, that will not be utilized within three days, shall be covered with plastic, an alternative cover deemed equivalent to plastic, or sprayed with a nontoxic chemical stabilizer. Mitigation Measure 3.34: Where vehicles leave the construction site and enter adjacent public streets, the streets shall be swept daily or washed down at the end of the work day to remove soil tracked onto the paved surface. Any visible track -out extending for more than fifty (50) feet from the access point shall be swept or washed within thirty (30) minutes of deposition. Mitigation Measure 3.3 -9: All diesel - powered vehicles and equipment shall be properly operated and maintained. Mitigation Measure 3.3 -10: All diesel- powered vehicles and gasoline- powered equipment shall be turned off when not in use for more than five (5) minutes. Mitigation Measure 3.3 -11: The construction contractor shall utilize electric or natural gas- powered equipment instead of gasoline or diesel- powered engines, where feasible. .. Mitigation Measure 3.3 -12: As much as possible, the construction contractor shall time the construction activities so as not to interfere with peak hour traffic. To minimize obstruction of through traffic lanes adjacent to the site, a flagperson shall be retained to maintain safety adjacent to existing roadways, if necessary. Mitigation Measure 33 -13: The construction contractor shall support and encourage ridesharing and transit incentives for the construction crew. Mitigation Measure 33 -14: The construction contractor shall utilize as much as possible pre-coated/natural colored building materials. Water -based or low VOC coatings shall be used that comply with the most stringent SCAQMD Rule 1113. limits. Spray equipment with high transfer efficiency, such as the high volume- Koll Company Corporate Headquarters Page 1-3 Initial Study and AM z3 Introduction low pressure MVLP) spray method, or manual coatings application such as paint brush hand roller, trowel, spatula, dauber, rag, or a sponge shall be used to reduce VOC emissions, where practical. Mitigation Measure 3.3 -15: If construction equipment powered by alternative fuel sources (LPG /CNG) is available at comparable cost, the developer shall specify that such equipment be used during all construction activities on the proposed Project site. Mitigation Measure 3.3 -16: The developer shall require the use of particulate filters on diesel construction equipment if use of such filters is demonstrated to be cost-competitive for use on this proposed Project Cultural.Resources Mitigation Measure 3.5 -1: Prior to the issuance of a grading permit, the applicant shall provide written evidence to the Planning Director that a qualified archaeologist has been retained to observe grading W activities and - conduct salvage excavation of archaeological resources as necessary. The archaeologist shall be present at the pre- grading conference, shall establish procedures for` archaeological resources r surveillance, and shall establish, in cooperation with the applicant, procedures for temporarily halting or redirecting work to permit the sampling, identification, and evaluation of the artifacts as appropriate. If additional or unexpected archaeological features are discovered, the archaeologist shall report such findings i to the applicant and to the Planning Department, If the archaeological resources are found to be significant, the archaeological observer shall determine appropriate actions, in cooperation with the applicant, for ' exploration and/or salvage. These actions, as well as final mitigation and disposition of the resources, shall be subject to the approval of the Planning Director. Mitigation Measure 3.5-2: Prior to the issuance of a grading permit, the applicant shall provide written evidence to the planning director that a qualified paleontologist has been retained to observe grading activities and conduct salvage fossils as necessary. The paleontologist shall be present at the pre- grading conference, shall establish procedures for paleontological resource surveillance, and shall establish cooperation with the applicant, procedures for temporarily halting or redirecting work to permit the sampling, identification and evaluation of fossils. If major paleontological resources are discovered which require long term baiting or redirecting of grading, the paleontologist shall report such findings to the applicant and to the Planning Department. The paleontologist shall determine appropriate actions, in cooperation with the applicant, which ensure proper exploration and/or salvage. These actions, as well as final mitigation and disposition of the ' resources, shall be subject to the approval of the Planning Director. Hazards and Hazardous Materials Mitigation Measure 3.7 -1: Prior to the issuance of a building permit for the office building, the Project Applicant shall file Form 7460 -1 with the Federal Aviation Administration (FAA). Upon receiving the FAA determination, the project shall be submitted to.the Orange County Airport Land Use Commission (ALUC) for a determination of consistency. The project may be subject to additional conditions as required by the FAA and/or the ALUC in order to be found in compliance with the John Wayne Airport Environs Land Use Plan. HydrologylWater Quality Mitigation Measure 3.8 -1: Prior to issuance of grading permits by the City, the Project Applicant shall develop and submit a Notice of Intent (NOI) and Storm Water Pollution Prevention Plan (SWPPP) to the Koll Company Corporate Headquarters Page 1 -4 Initial Study and MND L fntnaductlon Santa Ana RWQCB for compliance with the Statewide NPDES permit for construction activity. The SWPPP shall contain Best Management Practices '(BMPs) to be implemented during construction to ` minimize impacts to local receiving water from pollutants in storm water runoff. Such best management practices (BMPs) include use of sandbags', gravel bags, check dams, silt fences, soil binders, erosion control blankets, fiber rolls, riprap pads, and practices that prevent debris and pollutants (loose soils, hazardous materials, oil, grease and solvents, other construction materials) from entering the storm drain system. The Project Applicant shall provide the City of Newport Beach with a copy of the NOI and their application r check as proof of filing with the RWQCB. Mitigation Measure 3.8-2: Prior to issuance of grading permits, the Project Applicant shall prepare and submit a Water Quality Management Plan (WQMP) for the proposed project, subject to the approval of the Building Department and Code and Water Quality Enforcement Division. The WQMP shall provide appropriate Best Management Practices (BMPs) and design elements to ensure that stormwater runoff is minimized to the maximum extent possible and that no violations of water quality standards or waste discharge requirements occur. Noise The following mitigation measures are recommended to reduce construction noise impacts on adjacent noise sensitive land uses: Mitigation Measure 3.11 -1: Construction activities shall be confined to the hours of 7:00 a.m. and 6:30 p.m. on weekdays and on Saturdays between the hours of 8:00 a.m. and 6:00 p.m. Mitigation Measure 3.11 -2: Equipment mufflers for construction equipment shall be used at all times. Mitigation Measure 3.11 -3: Idling of construction vehicles and equipment shall be limited to the extent feasible. Construction vehicles and equipment shall be properly operated and maintained and shall be turned off when not in use. Transportation and Traffic Mitigation Measure 3.15 -1: The parking design shall meet all City requirements regarding parking stall width, parking stall depth, parking aisle grade, and parking aisle- turning radii. Utilities and Service Systems While adequate water supplies would be available to serve the proposed Project site, the implementation of water conservation measures suggested by the City of Newport Beach, would reduce demand for groundwater, surface water and imported water supplies. These water conservation measures include: Mitigation Measure 3.16 -1: New landscaping shall incorporate drought- tolerant plant materials and drip irrigation systems, wherever possible. Mitigation Measure 3.16 -2: Water leaving the user's property due to over - irrigation of landscape, should be minimal. If an incident such as this is reported, a customer service representative will visit the location, investigate, inform resident if possible, leave a note and in some cases shut -off the water. Koll Company Corporate Headquarters Initial Study and MND Page 1 -5 LS Introduction Mitigation Measure 3.16 -3: Watering should be done during the early morning or evening hours to minimize evaporation (between 4:00 p.m. and 9:00 a.m., the following morning). Mitigation Measure 3.16 -4: All leaks are investigated and repaired. Mitigation Measure 3.16 -5: Water should not be used to clean paved surfaces, such as sidewalks, driveways, parking areas, etc., except to alleviate immediate safety or sanitation hazards. Mitigation Measure 3.16 -6: Reclaimed water shall be used wherever available, assuming it is economically feasible. Mitigation Measure 3.16 -7: Installation of Ultra -Low Flush Toilets (ULFT) in the residential units. The City of Newport Beach has determined that the proposed Project would not have significant adverse impacts on the environment with the implementation of mitigation measures,, and , no additional environmental analysis is warranted. The City of Newport Beach would consider adoption of a Mitigated ! Negative Declaration for the proposed Roll Company Corporate Headquarters Project, with the incorporation of the recommended mitigation measures, as outlined above. Koll Company Corporate Headquarters Initial Study and AND Page 1 -6 SECTION 2: PROJECT DESCRIPTION 2.1 PROJECT LOCATION AND ENVIRONMENTAL SETTING 2.1.1 Regional Setting Orange County The County of Orange is located in the western section of the Southern California region, and consists of 34 incorporated cities and 29 unincorporated areas on over 798.3 square miles. Orange County is located south of Los Angeles County, east of Riverside County and north of San Diego County. Orange County also includes portions of the Cleveland National Forest, and Chino Hills State Park. From 1970 to 1980, Orange County's resident population grew from 1,421,233 persons to 1,932,700 persons (or by 35 percent). From 1980 to 1990, the County's population grey to 2,410,600 residents or by 24 percent. From 1990 to 2000, population grew by approximately 16 percent, with the County having an ..., estimated 2000 population of 2,846,300 people. Thus, an over twofold increase in.population occurred in the County from 1970 to 2000. Currently, the County has an estimated 2006 population of 3,072,300 residents (an increase of 8 percent since 2000). Housing growth has also been significant in the County, with a housing stock of 875,105 units in 1990 growing to 966,086 housing units by 2000 .(or by 10 percent). Currently, the County has an estimated 1,009,342 housing units (an increase of 4.4 percent from 2000 to 2004). As of January 2004, the County had a housing vacancy rate of 3.57 percent and an average household size of 3.07 persons per household. City of Newport Beach The proposed project site is located in the City of Newport Beach. The City of Newport Beach covers an approximately 50.5 square -mile area and is located in the western portion of Orange County along the Pacific Ocean. To the east, the City of Newport Beach is bounded by the Cities of Irvine and Costa Mesa. The City of Huntington Beach borders the City to the west, and the City of Laguna Beach and Crystal Cove State Park/Laguna Coast Wilderness Park border the City to the east. The Pacific Ocean borders the City along the entire western edge. Pacific Coast Highway (SR -1) extends along the entire western border of the City in a east -west direction. The Costa Mesa Freeway (SR -55), located just north of the City, is the main freeway access to the area and traverses in an north -south direction. Additionally, State Route 73 Freeway (SR -73), in a north -south orientation, acts as the eastern border between Newport Beach and the City of Irvine. The City of Newport Beach had a 2000 population of 70,032 persons, an incremental increase of approximately 4.7 percent from the 1990 population of 66,700. The City currently has an estimated 2006 resident population of approximately 83,400 persons, an increase of 19 percent from the 2000 population. Coupled with the recent population growth of the City is the increase in its housing stock. From 1990 to 2000, the number of housing units in Newport Beach rose from 30,860 units to 37,288 units by 2000, a 17.2 percent increase. The most recent (2004) housing stock is estimated at 41,851 dwelling units, and the vacancy rate is approximately 11.1 percent. The average household size is 2.09 persons per household. Santa Barbara Condominiums Page 2 -1 lnlfial Study and MND 27 The City has an estimated labor force of 48,980 persons as of November 2004, of which 48,090 persons are employed. These persons are expected to be holding jobs within the Newport Beach area. The City of Newport Beach is developed with a mix of land uses, although the majority of the land is developed with residential and recreational land uses. Approximately 114.4 acres of the City is designated for industrial uses, 1,154.6 acres for commercial uses, 446.6 acres for government, educational, and institutional uses, 4,516.4 acres for recreational and environmental open space uses and 5,436.0 acres for residential uses. Vacant land and water account for the remaining 1,335.4 acres of land uses within the City. 2.1.2 Project Area The proposed project site is located on an approximately 64,897 square foot (1.49 acres) site within the Airport Area (Statistical Area IA) in the northern portion of the City of Newport Beach. The project is located approximately one -half mile south/southeast of John Wayne Airport, approximately three-quarters of a mile north/northeast of State Route 73 (SR -73), approximately one -half mile northwest of Jamboree Road, and " approximately one mile south /southwest of Interstate 405 (11105) (Figure 2-1). The proposed project would be located at 4450 MacArthur Boulevard. ' The Airport Area (Statistical Area L4) is divided into three Planned Communities: 1) Koll Center Newport; 2) Newport Place; and 3) Campus Drive. The proposed project is located in the approximately 179 -acre Koll Center Newport (KCN) Flamed Community, which is divided into multiple sub - areas. The project is located in the 30.9 -acre sub -area known as KCN Office Site A, which is bounded by MacArthur Boulevard to the west, Birch Street to the north and northeast, and Von Karman Avenue to the east and south. The project site is located on the approximately 64,897 square foot (1.49 acres) in the central portion of Office Site A, abutting MacArthur Boulevard and the entry drive to Office Site A from MacArthur Boulevard between Birch Street and Von Karman Avenue. The proposed project site has a land use designation of Administrative, Professional, and Financial Commercial (APF) in the existing Newport Beach General Plan. The proposed General Plan Update (GPU) to be approved by the City designates the project site as Mixed Use Horizontal 2 (MU -112), which provides for horizontal mixing of uses that may include regional commercial office, vertical mixed use buildings, industry, hotels, neighborhood commercial areas and a maximum of 2,200 high density residential units as replacement of existing office, retail, and industrial uses. According to the City of Newport Beach Zoning Code, the zoning designation for the proposed project site is Planned Community 15 —. Koll Center. The use regulations, development standards, parking requirements, and other regulations outlined in the Flamed Community Development Standards for Koll Center Newport control the type of development allowed on the proposed project site. The proposed project site is currently surrounded by a variety of land uses, primarily including Administrative, Professional and Financial Commercial (APF), as well as Retail and Service Commercial (RSC), General Industry (IND), and Government, Educational, and Institutional Facilities (GEIF). The proposed General Plan Update designates the land uses surrounding the proposed project site MU -112. Nearby uses include the existing 10 -story Fairmont Hotel directly to the northeast and east, the approximately 7 -10 story Radisson Hotel buildings across MacArthur Boulevard to the northwest, paved surface parking lots to the north and south, and an existing nine -story office building and associated two -story parking structure to the southeast. South of the proposed project site at the intersection of MacArthur Boulevard and Von Karman Avenue is the Pacific Club, a private members only club with dining and athletic facilities. Koll Company Corporate Headquarters Initial Study and MND page _21�b ProfectDescription The proposed project site is currently improved with paved surface parking, ornamental landscaping and trees, and hardscape area surrounding the existing 9 -story office building (Figure 2 -2). The proposed two -story office building would replace the existing surface parking spaces and omamental landscaping and trees in the northern portion of the project site while additional surface parking spaces would replace the existing ornamental landscaping and trees and hardscape area in the southern portion of the project site near the existing 9 -story office building. The proposed project site has a relatively flat terrain due to past grading and site development activities associated with the existing use of the site. On -site elevations range from approximately 47.5 to 48.5 feet. Vehicle and pedestrian access is provided by the entry drive that provides access from MacArthur Boulevard to the internal circulation system of Office Site A. A driveway connects the northeast portion of the project site with the internal circulation system of Office Site A. Regional access to the proposed project site is provided by Interstate 405 (1 -405) via MacArthur Boulevard or the San Joaquin Hills Transportation Corridor (SR -73) via Jamboree Road and MacArthur Boulevard. The Costa Mesa Freeway (SR -55), which is the main transportation corridor in Newport Beach, is approximately 1.25 miles northwest of the proposed project site. 2.2 DESCRIPTION OF THE PROPOSED PROJECT The proposed project includes the development of a two -story (40 -feet tall), 21,311 gross square foot (GSF) office building above one subterranean parking level consisting of 18 spaces (Figure 2-3) on the approximately 64,897 square ibot (1.49 acres) site. The remaining 54,197 square foot (1.24 acres) of the site "includes 98 ` parking spaces and ornamental landscaping and trees. The proposed project requires a General Plan Amendment (GP2006 -003) to allow an additional 24,016 GSF of general office within Office Site A for the l Koll Center Newport of the Airport Area (Statistical Area i:4); however, the proposed project would only utilize 21,311 square feet of this area. The proposed project would also require an amendment to the Koll Center Newport Planned Community (PD 2006-0001) to allow the transfer of 24,016 net square feet (NSF) of ! unused retail (10,000 NSF), restaurant (9,535 NSF), and office (4,481 NSF) uses from Office Site B to Office, Site A. A Use Permit (UP 2006 -008) is also required to allow the transfer of development intensity from Office Site B to Office Site A within the Koll Center Newport Planned Community. Office The proposed two -story office building totals 21,311 GSF over one subterranean level of parking. The footprint of the office building totals 10,700 GSF. The small scale structure features a modem, contemporary architecture designed to be compatible with the large scale office and hotel structures that surround the project site to the northwest, northeast, and south. The architectural design consists of glass and stone or stone -like fascia and wall elements. The U- shaped masking articulation contrasts the structure's horizontal emphasis with the two- story, glass colonnade at the building entry (Figure 24). Parking The proposed project includes 10,300 NSF of subterranean parking below the office building and redesign of the existing common area parking spaces. The project site would provide 17 subterranean parking spaces and 94 surface parking spaces. Kell Company Corporate Headquarters Page 2-3 Initial Study and MAID Z� Figure 2 -1 Fee D 600 1,000 2,0 0 Regional Location and Vicinity Map The Koll Company H Koll Center Newport September 2006 N I r� CORIMMF WAY BOBIM - PAIN4K: ' LANDSCAPEARROSCAPE GARAGE AREA E7081lk; NNE STORY OFFICE ULDM The Koll Company Headquarters Koll Center Newport Figure 2 -2 ng Site Plan September 2006 0 l g 9 !j = W 11NMI M10-i < ra h. C<L I 111RAM Figure 2-3 Proposed Site Plan The KoR Company Headquarters September 2006 Koll Center Newport The proposed project would provide approximately 16,844 square feet of area for ornamental landscaping and trees. The proposed landscaping would integrate the project with the mature landscaping of Koll Center Newport by maintaining and complimenting the existing Eucalyptus and Liquidambar tree vocabulary and ground cover /shrub foundation planting. Complimentary accent specimen landscaping will provide visual focus at the building's main plaza and entry. 23 OBJECTIVES OF THE PROJECT The proposed Koll Company Corporate Headquarters project seeks to accomplish the following objectives with the proposed Koll Company Corporate Headquarters project: • To encourage development of the proposed project site with office uses that are attractive and are of high quality working environments for employees; • To provide office uses to serve the surrounding neighborhood and community; and • To accommodate employment in proximity to residential, supporting services and other aspects of a mixed -use community that is pedestrian- oriented and enhances livability. 2.4 DISCRETIONARY ACTIONS A discretionary action is a decision taken by a government agency that calls for the exercise of judgement in deciding whether to approve a project. For this proposed project, the government agencies with discretionary approval authority are the City of Newport Beach and the John Wayne Airport (JWA) Airport Land Use Commission. To accomplish development of the proposed project discussed above, the following actions would be made by the City of Newport Beach: ■ General Plan Amendment No. 2006 -003 — KCN Office Site A has achieved the maximum development capacity allowed per the existing General Plan. Consequently,, the proposed project would require a General Plan Amendment to allow an additional 24,016 GSF of development capacity within KCN Office Site A. This addition would allow for the proposed 21,311 GSF office building. ■ Kell Center Newport Planned Community Amendment 2006 -001 — The project proposes to transfer unused square footage from the adjacent KCN Office Site B to KCN Office Site A to accommodate the proposed project. An amendment to the KCN PC is required and would include the following: • An amendment to the Koll Center Newport Planned Community to allow the transfer of 24,016 net square feet (NSF) of unused retail (10,000 NSF), restaurant (9,535 NSF), and office (4,481 NSF) uses from Office Site B to Office Site A; ■ Use Permit 2006 -008- To allow the transfer of development intensity from Office Site B to Office Site A. To accomplish development of the proposed project discussed above, the following actions would be made by the JWA Airport Land Use Commission: ■ Airport Environs Land Use Plan (ABLUP) Consistency Determination — Based on the project's proximity to the John Wayne Airport, a determination must be made the Airport Land Use Commission i. Koll Company Corporate Headquarters Initial Study and MND Page 2-B 5q Project Desorption (ALUC) to ensure that the proposed project is consistent with AELUP. Actions that must be taken by the ALUC include the following: • Per Public Utilities Code 21676(b), prior to the amendment of a general plan or specific plan within the planning boundary established by the ALUC, the local agency shall first refer the proposed action to the ALUC. This project is within the airport planning area for IWA and requires a General Plan Amendment. • Additionally, the proposed project penetrates the Notification Surface for IWA at the 100:1 slope and therefore requires filing of FAA Form 7460 -1. Per the JWA AELUP, the project's penetration of the 100:1 imaginary surface for notice to the FAA as defined in FAR Part 77.13 requires that the project must also be submitted to the ALUC. To accomplish development of the proposed project discussed above, the following actions would be made by the Santa Ana Regional Water Quality Control Board: ■ Santa Ana Regional Water Quality Control Board ( RWQCB) — The City of Newport Beach is a co- permitee with the County of Orange for the National Pollutant Discharge Elimination System ( NPDES). Accordingly, the Project Applicant would be. required to comply with all applicable federal, state, regional, and local regulations to protect water quality during construction and operation of the proposed project hr order to comply with these requirements the proposed project would require the following: • Development and submittal of a Notice of Intent (NOI) and Storm Water Pollution Prevention Plan (SWPPP) to the Santa Ana RWQCB for compliance with the Statewide NPDES permit for construction activity. Kota Company Corporate Headquarters Page 2 -9 fnldal Study and MND NO SECTION 3: ENVIRONMENTAL ANALYsis This section of the Initial Study evaluates the potential environmental impacts of the proposed project and provides explanations of the responses to the Environmental Checklist found in Appendix A of this document. The Environmental Checklist is based on Appendix G of the CEQA Guidelines. Appendix G of the CEQA Guidelines provides a list of checklist questions that correspond directly to the legal standards for preparing Environmental Impact Reports (EIRs), Negative Declarations, and Mitigated Negative Declarations (MNDs). The environmental issues evaluated in this Initial Study include the following: ■ Aesthetics • Land Use and Planning ■ Agriculture Resources ■ Mineral Resources ■ Air Quality Noise ■ Biological Resources - Population and Housing • Cultural Resources Public Services ■ Geology and Soils Recreation ■ Hazards and Hazardous Materials • Transportation/ Traffic ■ Hydrology and Water Quality ■ Utilities and Service Systems The environmental analysis in this section is patterned after the questions in the Environmental Checklist. Under each issue area, a general discussion of the existing conditions is provided. The Environmental Checklist questions are then stated and an answer is provided according to the environmental analysis of the proposed project's impacts. To each question, there are four possible responses: ■ No Impact. The proposed project will not have any measurable environmental impact on the environment. ■ Less Than Significant Impact. The proposed project will have the potential for impacting the environment, although this impact will be below thresholds that may be considered significant. ■ Less Than Significant Impact with Mitigation. The proposed project will have potentially significant adverse impacts which may exceed established thresholds, although mitigation measures or changes to the proposed project's physical or operational characteristics will reduce these impacts to levels that are less than significant. Measures that may reduce this impact are identified. ■ Potentially Significant Impact. The proposed project will have impacts that are considered significant and additional analysis is required to identify mitigation measures that could reduce these impacts to insignificant levels. When an impact is determined to be potentially significant in the preliminary analysis, the environmental issue will be subject to detailed analysis in an environmental impact report (EIR). The references and sources used in the analysis are provided after the response to each question. Koll Company Corporate Headquarters lrtlNal Study and MND Page 3 -t Errvlronmental 3.1 AESTHETICS The proposed project site is located in an existing urban area surrounded by a mix of office, retail service and commercial, industrial, and institutional uses. The proposed project site is an approximately 1.49 -acre (64,897 square feet) area bounded by MacArthur Boulevard to the west, paved surface parking areas to the north and south, the 10 -story Fairmont Hotel to the northeast, and a nine -story office building and parking structure to the southeast. The site is currently improved with common area surface parking spaces serving the existing nine -story office building, ornamental landscaping and trees, and the hardscape area abutting the existing nine -story office building. The site was subject to grading during previous development of the site and is relatively flat. On -site elevations range from 47.5 to 48.5 feet above mean sea level (amsl). MacArthur Boulevard is developed as a six -lane divided roadway with contiguous sidewalks and landscaped parkways. The landscaped parkways provided beyond the sidewalks are planted with ornamental vegetation primarily including grass and trees. There are no overhead power lines crossing over the site or adjacent to the site along the roadways. Views of the site from MacArthur Boulevard are slightly obstructed by tall trees lining the western and northern edge of the site; however, partial views of the existing parking area are visible. Von Karman Avenue is an existing four -lane road that generally runs north -to -south to the east of the proposed project site. The project site is not visible from Von Karman Avenue due to the height and bulk of the existing structures located to the northeast, east, and southeast. Views from the site include the existing nine -story office building and associated parking structure to the southeast, the 10 -story Fairmont Hotel to the northeast, the approximately seven- and 10 -story Radisson Hotel buildings across MacArthur Boulevard to the northwest, paved surface parking areas to the north and south and the low -rise commercial structures across MacArthur Boulevard to the west. (Sources: Site Survey Project Plans, and Aerial Photograph) A. Would the project have a substantial adverse effect on a scenic vista? Less than Significant Impact. The City of Newport Beach features scenic vistas of the following visual resources: the Pacific Ocean and coastline; the City's bay and harbor areas; plant and animal habitat areas; unique topographical resources like bluffs, mountains, hillsides, and canyons; and undeveloped land. These scenic vistas are available from the public view points, coastal view roads, and view parks identified in the proposed General Plan Update, as well as from private property. No scenic vistas or visual resources are located on or within the vicinity of the proposed project site. The project is located in the northern portion of the City in the Airport Area, which is characterized by relatively level terrain and existing urban development. Potential long- distance views of the Santa Ana Mountains to the north of the project site are obstructed by existing structures. According to the City of Newport Beach, a `bluff is any landform having an average slope of 26.6 degrees (50 percent) or greater, with a vertical rise of 25 feet or greater. The proposed project is relatively flat with on -site elevations increasing by only one -foot from low point to high point. The terrain of the surrounding area is generally comparable to the level terrain of the proposed project site. There are no existing bluff areas on or adjacent to the proposed project site. Views from the proposed, project site would be of the surrounding land uses and structures, which are not considered scenic resources. The proposed project would not cause impacts to any scenic vista. The proposed project would change the existing use of the site from paved surface parking spaces and ornamental landscape and hardscape areas to a two -story (40 -feet tall) office building with one level of subterranean parking surrounded by surface parking areas and ornamental landscaping and trees. The proposed office building would feature modem, contemporary architecture comprised of glass and stone or stone -like fascia and wall elements to compliment the existing structures in the area. The proposed landscaping would be Koll Company Corporate Headquarters Page 3 -2 Initial Study and MND kAZ Environmental Analysis comprised of tree and groundcover /shrub species that compliment the existing landscaping of the existing site and surrounding area. The proposed structure and trees may block existing views of MacArthur Boulevard and the buildings surrounding the project site from adjacent land uses; however, none of the buildings surrounding neither the site nor MacArthur Boulevard are considered scenic resources. Thus, the proposed project would result in less than significant impacts to existing views from land uses adjacent to the proposed project site. (Sources: Proposed Newport Beach General Plan Update, Project Plans, and Site Survey) B. Would the project substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? No Impact._ There are no officially designated state scenic highways within the City of Newport Beach, and one highway — State Route 1 (SR -1) — is identified as eligible for state scenic highway designation. However, SR -1 is located over four miles from the proposed project site; none of the roadways surrounding the proposed project site are officially designated — or identified as eligible — for state scenic highway designation. Furthermore, no rock outcroppings or historic buildings are found along or near the proposed project site. Existing on -site trees may need to be removed as part of the proposed project during grading, excavation, and construction activities. However, these trees are part of.the site's ornamental landscaping and are not 1 considered a scenic resource. Furthermore, the project proposes additional trees that would compliment the existing Eucalyptus and Liquidambar tree vocabulary of the proposed site and adjacent areas. Therefore, the proposed project would not impact scenic resources within a state scenic highway. (Sources: Proposed Newport Beach General Plan Update Environmental Impact Report, Site Survey, Project Plans, and California State Scenic Highway Mapping System) C. Would the project substantially degrade the existing visual character or quality of the site and its surroundings? Less than Significant Impact. The proposed project would alter the visual quality of the proposed project site. A two -story (40 feet tall) office building with a building footprint of approximately 10,700 gross square feet (GSF) would cover the existing paved surface parking spaces. As discussed in Section 3.1.A, the proposed architecture would compliment the architecture of existing surrounding structures. The ornamental trees and groundcover /shrub species provided on the proposed project site would not be substantially different as a result of the proposed project, and would be consistent with the existing mature tree and groundcover /shrub species currently used for landscaping on the proposed site and in the surrounding area. Thus, the visual character of the site and the quality of the site and its surroundings would not be substantially degraded by the proposed project. On a short-term basis, during the approximately 12 -month construction period, the proposed project site would be subject to construction activities. Views of disturbed areas with construction materials and equipment, grading, and excavated soil would be visible to passers -by. This change in the visual environment is short-term and is not considered significant. The proposed project would not substantially degrade the existing visual character or quality of the site and its surroundings. A less than significant impact would occur. (Sources: Site Survey, Aerial Photographs, and Project Plans) D. Would the project create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? Less than Significant Impact. Existing sources of light and glare on the project site include security lighting for the existing surface parking spaces and headlights from vehicles traveling along MacArthur Boulevard. The proposed project would include interior and exterior lighting associated with the office Koll Company Corporate Headquarters Page 3.3 Initial Study and MND IA-3 Environmental building and security lighting of the proposed surface parking spaces. Lighting on the proposed project site would be detectable from adjacent areas. However, the proposed project site is located in an existing urban area and would not exceed the levels of lighting emitted by surrounding land uses. Furthermore, all lighting elements would be consistent with the requirements of Title 24, Parts 1 and 6 of the California Code of Regulations, which requires a lighting plan depicting the type of lighting fixture to be used including the fixture configuration and lens. In addition, the proposed building materials would not create the potential for substantial glare resulting from reflection of the sun. Although glass would be used for windows and some doors, the glass would not ' be mirrored (i.e., clear or tinted glass would be used). Sunlight reflected from architectural elements of the proposed project would not be strong or direct enough light to reduce the ability to see or identify objects nor would it produce ocular discomfort; thus, it would not be considered substantial glare. Therefore, the proposed project would not result in an impact of light or glare that would affect day or nighttime views. (Sources: Site Survey and Project Plans) 3.2 AGRICULTURE RESOURCES _ The California Department of Conservation Farmland Mapping and Monitoring Program (FMMP) develops statistical data for analyzing impacts on California's agricultural resources, for use by decision makers in assessing the present status, reviewing trends, and planning for the future of California's agricultural land resources. According to the California Department of Conservation FMMP, there are no agricultural land resources within the City of Newport Beach and the proposed project area is designated as Urban and Built - up Land. (Sources: Newport Beach General Plan, California Department of Conservation Farmland Mapping and Monitoring Program and Site Survey) A. Would the project 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? No Impact. According to the City's existing General Plan and proposed General Plan Update, the proposed project site is designated as Administrative, Professional and Financial Commercial (APF) and Mixed Use Horizontal 2 (MU -112), respectively. Neither designation permits agricultural uses. Furthermore, the proposed project site has been used as a paved surface parking lot for over two decades. In addition, no Prime Farmland, Farmland of State or Local Importance, or Unique Farmland occurs within or near the proposed project area. Since the proposed project site is not used for agriculture and is not Prime Farmland, Unique Farmland, or Farmland of Statewide Importance, the proposed project would not result in converting farmlands to a non - agricultural use. The adjacent areas are not designated as Prime, Unique, or Statewide Important Farmland under the Farmland Mapping and Monitoring Program of the California Resources Agency or in the Newport Beach General Plan. Thus, no impact on important farmlands would occur as a result of the proposed project. (Sources: Newport Beach General Plan, Proposed General Plan Update, California Department of Conservation Farmland Mapping and Monitoring Program, and Site Survey) B. Would the project conflict with existing zoning for agricultural use, or a Williamson Act contract? Kali Company Corporals Headquarters In X41 Study and MND Page 3 -4 y�A Environmental Analysis No Impact. According to the City's existing General Plan and proposed General Plan update, the proposed project site is designated as Administrative, Professional and Financial Commercial (APF) and Mixed Use Horizontal 2 (MU -H2), respectively. Neither designation permits agricultural uses. The existing zoning designation for the site is Planned Community 15 — Koll Center Newport, which does not allow agricultural uses. According to the existing and proposed General Plan documents, there is no designated farmland within the area surrounding the proposed project site. Light farming uses and crop production are allowed within the City's R -A (Residential — Agricultumal).zone. However, the R -A zone is not located on or near the proposed project site. Areas adjacent to the project site are primarily designated as APF, but also as Retail and Service Commercial, General Industry, and Government, Educational, and Institutional Facilities on the City's existing General Land Use Plan map; the proposed General Plan Update designates these areas as Mixed Use Horizontal 2. Furthermore, the 'area surrounding the site is zoned as Planned Community 15 — Koll Center Newport, which does not allow agricultural uses. In addition, there are no lands under a Williamson Act contract on or near the site. With the absence of agricultural areas on or near the site, no conflict with existing zoning for agricultural use or contracts under the Williamson Act could occur. No conflict with existing zoning for agricultural use or a Williamson Act contract would occur as a result of the proposed project; no impacts associated with this issue would occur. (Sources: General Land Use Plan of the ezzrrting and proposed Newport Beach General Plan, G orma Department of Conservation Farmland Mapping and Monitoring Program, Newport Beach Zoning Map, and Site Survey) C. Would the project 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. As discussed in Section 3.2.B, the site is not being used for any agricultural purposes and is not designated as agricultural land. Since there is no farmland or agricultural uses on the proposed project site, or within the vicinity of the proposed project site, the proposed project would not involve changes in the existing environment that could result in the conversion of farmland to a non - agricultural use. No impact would occur as a result of the proposed project. (Sources: General Land Use Plan of the existing and proposed Newport Beach General Plan, California Department of Conservation Farmland Mapping and Monitoring Program, and Site Survey) 3.3 AIR QUALITY A limited Air Quality Analysis for the proposed project was prepared by EDAW Inc in July 2006 to identify existing air quality conditions on and around the site, as well as analyze the proposed project's potential impacts on air quality. The analysis consisted of documenting project related trips, construction equipment and operation emissions using the URBEMIS modeling programs. The findings of the model are summarized below, and the complete data is provided in Appendix B at the end of this document. The climate of Orange County, as with all of Southern California, is governed largely by the strength and location of the semi - permanent high pressure center over the Pacific Ocean and the moderating effects of the nearby vast oceanic heat reservoir. Local climatic conditions in Newport Beach are characterized by a Mediterranean climate with average temperatures of 61 degrees annually, infrequent rainfall, and moderate daytime on -shore breezes. Nighttime breezes generally slow and reverse to become offshore breezes. The average annual rainfall is approximately 12 inches. Koll Company Corporate Headquarters Initial Study and MND Page 3 -5 kA � Environmental Analysis • The proposed project site lies within the South Coast Air Basin (Basin), which is managed by the South Coast Air Quality Management District ( SCAQMD). Annual average temperatures in the SCAB are 62 to 65 degrees Fahrenheit. The SCAQMD is the agency responsible for protecting the public health and welfare through the administration of federal and state air quality laws and policies. Included in the SCAQMD's tasks are the monitoring of air pollution, the preparation and implementation of the Basin's Air Quality Management Plan (AQMP), and the promulgation of Rules and Regulations. State and Federal agencies have set ambient air quality standards for various pollutants. Both California Ambient Air Quality Standards and National Ambient Air Quality Standards have been established to protect the public health and welfare. The SCAQMD has prepared the CEQA Air Quality Handbook to provide guidance to those who analyze the air quality impacts related to proposed projects that may generate air emissions of criteria pollutants and provides significance thresholds. These thresholds, as shown in Table 3 -1, are based, in part, on Section 182(e) of the Federal Clean Air Act. TABLE 3 -1. SCAQMD AM QUALITY SIGNIFICANCE THRESHOLDS Pollutant Construction Operation NO 100 lbs1day 55 lbs/da VOC 75 lbs/&y 55 lbs /da PM10 150 lbs/day 150 lbs /da SOx 150 lbs/da 150 lbs/da CO 550 lbs/day 550 lbs /da Lead 3 lbs /da 3 lbs /da TACs Maximum Incremental Cancer Risk > 10 in 1 million (including carcinogens Hazard Index > 1.0 (project increment) and non - carcinogens) Hazard Index > 3.0 (facility-wide) Odor Project creates an odor nuisance pursuant to SCAQMD Rule 402 NO2 SCAQMD is in attainment; project is significant if it causes or contributes in excess of the following attainment standards: 1 -hour average 0.25 ppm (State) annual average 0.053 ppm (Federal) PMta 10.4 gg/m' (recommended for construction) 24 -hour average 2.5 µg/m' (operation) annual geometric average 1.0 gg/m' annual arithmetic mean 20 µg/m' Sulfate 24 -hour average 25 µg/m' CO SCAQMD is in attainment; project is significant if it causes or contributes in excess of the following attainment standards: 1 -hour average 20 ppm (State) 8 -hour average 9.0 ppm (StateNederal) . Source: SCAQMD 2006 Ibs/day = pounds per day, ppm = pam per million; AWtr? = microgram per cubic meter Koll Company Corporate Headquarters Page 3 -6 Initial Study and MND 4� 0 0 EnWronmentat Specific air quality impacts related to criteria pollutants are discussed in the following emissions analysis. • (Sources: Air Quality Analysis) A. Would the project conflict with or obstruct implementation of the applicable air quality plan? Less than Significant Impact. Consistency with an AQMP is typically determined by two standards. The first standard is whether the project would exceed assumptions contained in the AQMP. The second standard is whether the project would increase the frequency or severity of violation of existing air quality violations, contribute to new violations, or delay the timely attainment of air quality standards or interim reductions as specified in the AQMP. The AQMP assumes specific emissions from the operation of certain land uses, e.g., residential, retail, office, institutional, and industrial. As the proposed project would not alter the existing land use designation, it is assumed the proposed project would not exceed the land use assumptions contained in the AQMP. Emissions for construction and operation (long -term post - construction activities) of the proposed project were quantified using URBEMIS2002, a computer program used to estimate vehicle trips, emissions, and fuel use resulting from land use development projects (CARB 2005). URBEMIS computes emissions of reactive organic gases (ROG), NOx, CO, SO2, and PM1o. On a project of this type, SOi emissions would be negligible and are not included in the analysis below. URBEMIS does not calculate PM2.5 emissions. Appendix B includes construction equipment assumptions and air quality calculations. Construction Emissions is Excavation and grading activities would generate fugitive dust including PMto. Operation of diesel- engine construction equipment on -site, hauling of demolition spoils and exported and imported soils and materials to and from the site, and construction crew traffic would generate emissions of ROG, NOx, CO, and PMto. Estimated construction - related mass emissions for each component of the expansion are shown in Table 3- 2. TABLE 3 -2. ESTIMATED DAILY CONSTRUCTION EMISSIONS Demolition 4.0 31.3 32.1 3.8 Grading 5.4 52.7 1 40.7 3.4 Building Construction 43.4 46.0 62.5 4.5 Maximum Daily Emissions 43.4 52.7 62.5 4.5 SCA MD Thresholds 75 100 550 150 Exceeds SCA MD Thresholds? No No No No Source: URBPd.1lS ver. ;.7 (RWO 2005) Emissions arc not additive; the two elements of construction would not occur conwu tl . As shown in Table 3 -2, construction emissions associated with the proposed project would not exceed SCAQMD thresholds. In addition, construction emissions would be short -term relative to the long -term operation of the project (i.e., limited only to the period when construction activity takes place). As such, • construction emissions associated with the proposed project would represent a less than significant impact on air quality in the Basin. However, in order to ensure that the proposed project's impacts remain less than significant, the following mitigation measures are recommended. Koll Company Corporate Headquarters Page 3 -7 Intrial Study and AM Envlronmet'al Mitigation Implementation of the following mitigation measure would ensure that potentially significant impacts to air quality remain below a level of significance: Mitigation Measure 3.3 -1: Use pre coated building materials. Mitigation Measure 3.3 -2: Use high pressure -low volume (HPLV) paint applicators with 50 percent efficiency. Mitigation Measure 3.3 -3: Use lower volatility paint not exceeding 100 grams of ROG per liter. Mitigation Measure 3.34: During grading activities, any exposed soil areas shall be watered twice per day. On windy days or when fugitive dust can be observed leaving the proposed Project site, 9 additional applications of water shall be applied to maintain a minimum 12 percent moisture + content as defined by SCAQMD Rule 403. Under windy conditions where velocities are forecast to - exceed 25 miles per hour (as ascertained by phone calls to the SCAQMD), all ground disturbing activities shall be halted until winds that are forecast to abate below this threshold. Mitigation Measure 33 -5: The proposed Project shall comply with regional rules such as SCAQMD Rules 402 and 403, which would assist in reducing short-term air pollutant emissions. Rule 403 requires that fugitive dust be controlled with best available control measures so that the presence of such dust does not remain visible in the atmosphere beyond the property line of the emission source. Rule 402 requires dust suppression techniques be implemented to prevent fugitive dust from creating a nuisance offsite. These dust suppression techniques are summarized as follows: a. Portions of the construction site to remain inactive longer than a period of three months shall be seeded and watered until grass cover is grown or otherwise stabilized in a manner acceptable to the City. b. All on -site roads shall be paved as soon as feasible or watered periodically or chemically stabilized. C. All material transported offsite shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. d. The area disturbed by clearing, grading, earthmoving, or excavation operations shall be minimized at all times. Mitigation Measure 33-6: All vehicles on the construction site shall travel at speeds less than 15 miles per hour. Mitigation Measure 33 -7: All material stockpiles subject to wind erosion during construction activities, that will not be utilized within three days, shall be covered with plastic, an alternative cover deemed equivalent to plastic, or sprayed with a nontoxic chemical stabilizer. Mitigation Measure 33-8: Where vehicles leave the construction site and enter adjacent public streets, the streets shall be swept daily or washed down at the end of the work day to remove soil tracked onto the paved surface. Any visible track -out extending for more than fifty (50) feet from the access point shall be swept or washed vdthin thirty (30) minutes of deposition. Koll Company Corporate Headquarters Initial Study and MND Page 3-8 �\k-b Environmental Analysis Mitigation Measure 3.3 -9: All diesel- powered vehicles and equipment shall be properly operated and maintained. Mitigation Measure 3.3 -10: All diesel- powered vehicles and gasoline - powered equipment shall be turned off when not in use for more than five (5) minutes. Mitigation Measure 3.3 -11: The construction contractor shall utilize electric or natural gas- powered equipment instead of gasoline or diesel - powered engines, where feasible. Mitigation Measure 3.3 -12: As much as possible, the construction contractor shall time the construction activities so as not to interfere with peak hour.trafFic. To minimize obstruction of through traffic lanes adjacent to the site, a flagperson shall be retained to maintain safety adjacent to existing roadways, if necessary. Mitigation Measure 3.3 -13: The construction contractor shall support and encourage ridesharing and transit incentives for the construction crew. Mitigation Measure 3.3 -14: The construction contractor shall utilize as much as possible pre- coated/natural colored building materials. Water -based or low VOC coatings shall be used that comply with the most stringent SCAQMD Rule 1113 limits. Spray equipment with high transfer efficiency, such as the high volume -low pressure (RVLP) spray method, or manual coatings application such as paint brush hand roller, trowel, spatula, dauber, rag, or a sponge shall be used to reduce VOC emissions, where practical. Mitigation Measure 3.345: If construction equipment powered by alternative fuel sources (LPG /CNG) is available at comparable cost, the developer shall specify that such equipment be used during all constriction activities on the proposed Project site. Mitigation Measure 3.3 -16: The developer shall require the use, of particulate filters on diesel construction equipment if use of such filters is demonstrated to be cost- competitive for use on this proposed Project. Implementation of the mitigation measures outlined above would ensure emissions from construction activities remain less than significant. Operational Emissions Long -term air quality impacts are those associated with the change in long -term use of the project site. Two types of air pollutant sources must be considered with respect to the proposed project:. 1) area source emissions and 2) mobile source emissions. Area source emissions result from natural gas use for heating and lighting, exhaust emissions from landscape maintenance equipment, and ROG emissions from periodic repainting of facilities. Mobile source emissions result from vehicle trips, including employees, visitors, deliveries, and maintenance activities. Area source emissions were calculated based on land -use characteristics. Vehicle trip volumes were taken from the City's Newport Beach Traffic Analysis Model (NBTAM). Estimated operational- related mass emissions for both components of the proposed expansion are shown in Table 3 -3. Koll Company Corporate Headquarters Page 3 -9 Initial Study and MND - —° 4 " 1 U • 0 Environmental TABLE 3 -3. ESTIMATED DAILY OPERATIONAL EMISSIONS As shown in Table 3 -3, mass emissions from vehicle trips and operation and maintenance of the proposed project would be less than SCAQMD thresholds for operation. Thus, operational - related emissions would represent a less than significant impact on air quality. As the proposed project would not exceed the assumptions contained in the SCAQMD's AQMP, the proposed project would not conflict with the AQMP, and while the project would create new air emissions, neither the construction nor the operation of the proposed project would exceed the applicable thresholds set by the SCAQMD, thus the proposed project would have a less than significant impact on the implementation of the AQMP. (Source: Air Quality Analysis) B. Would the project violate any air quality standard or contribute substantially to an existing or projected air quality violation? Less than Significant Impact. As shown in Tables 3 -2 and 3 -3, neither construction nor operation of the proposed project would exceed SCAQMD's mass emission thresholds of significance, which are designed to prevent projects from obstructing the Basin's compliance with Federal and State ambient air quality standards. Additionally, the estimated emissions for the proposed project are well below the SCAQMD thresholds. Therefore, the proposed project would not cause or contribute to an exiting or projected air quality violation and the proposed project would have a less than significant impact on air quality. (Source: Air Quality Analysis) C. Would the project result in a cumulatively considerable net increase of any criteria pollutant for which the region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions, which exceed quantitative thresholds for ozone precursors)? Less than Significant Impact. As shown in Section 3.3A, the proposed project would not exceed the applicable thresholds or result in violations of the state or federal ambient air quality standards. The proposed project would also be consistent with the SCAQMD's AQMP, which is a long -range air quality planning document. Thus, the proposed project would have a less than significant impact on cumulative regional and local air quality. (Source: Air Quality Analysis) Koll Company Corporate Headquarters Page 3 -10 Initial Study and AND 40 i Environmental D. Would the project expose sensitive receptors to substantial pollutant concentrations? Less than Significant Impact. Land uses in the project area are predominantly commercial in nature, and include office uses, retail uses, and hotels. The nearest potentially sensitive air quality receptors in the project area are patrons of the Fairmont Hotel. During construction, exposure to pollutants in the air (especially PMie) in the adjoining properties and a parking lot for the Fairmont Hotel may be slightly greater than at other locations further from the project site. However, compliance with SCAQMD Rule 403 would reduce the exposure to a less than significant level. Additionally, as shown in Table 3 -3, onsite operational PMta emissions.from area sources would be negligible. Therefore, the potential exposure of sensitive receptors to substantial pollutant concentrations is considered less than significant because of the short-tern nature of construction and the low level of on -site emissions. (Sources: Air Quality Analysis, Project Plans, and Site Survey) E. Would the project create objectionable odors affecting a substantial number of people? Less than Significant Impact. The proposed project would create a new office building in a location with similar commercial and office land uses. No odor - producing industrial activities would occur under the proposed project. Operation of trucks and construction equipment may cause air emissions that generate odors typically associated with fuel combustion. Roofing and paving operations may also produce odors. However, these odors dissipate rapidly in the atmosphere and would exist only temporarily. There would be no increase in objectionable odors following construction and during operation of the proposed project. Therefore, the odors potentially created due to the proposed project would have a less than significant impact on local air quality. (Sources: Air Quality Analysis, Project Plans, and Site Survey) 3.4 BIOLOGICAL The County of Orange has prepared a Natural Communities Conservation Plan (NCCP) for the Central- Coastal region of the County. As indicated in the NCCP, most of the preserved area is located within the unincorporated jurisdiction of the County, with significant portions within the Cities of Irvine, Laguna Beach, Laguna Niguel, and San Juan Capistrano with smaller portions located in Costa Mesa and Newport Beach. The NCCP is designed to connect various geographic components of the plan area into a contiguous system to allow animals to move throughout the area via a continuous system of reserve habitat and linkages. The proposed project site is not located within the boundary area of the NCCP. The City of Newport Beach contains a variety of natural resources including natural lands and wildlife areas that contain several, types of flora and fauna habitat. These areas have been identified as Environmentally Sensitive Areas (ESA) in the Recreation and Open Space Element of the Newport Beach General Plan. ESA's are defined as "those passive open space areas possessing unique environmental value, which may warrant some form of protection or preservation." Specifically, the Recreation and Open Space Element indicates that these areas may support species which are rare, endangered, of limited distribution or otherwise sensitive. Additionally, these areas may include, but are not limited to: riparian areas, freshwater marshes, saltwater marshes, intertidal areas, other wetlands, and unique or unusually diverse vegetative communities. The vast majority of natural resources within the City are located in the Upper Newport Bay area, coastal bluffs, and within the beaches and harbors areas of the City. Eleven listed wildlife species and three listed plant species occur or may potentially occur within the City of Newport Beach. No ESA areas are identified on the proposed project site, or within the Airport Area of the City, within which the project would be located. Koff Company Corporate Headquarters Page 3 -11 Initial Study and MND 51 Enidronmental Analysis The proposed project site is currently developed with paved surface parking spaces, ornamental landscaping, and hardscape areas. The landscaped areas consist of ornamental trees and groundcover /shrub species. Areas surrounding the site are highly developed with urban uses. Vegetation associated with these uses consists of similar ornamental tree and groundcover /shrub species. Fauna associated with the proposed project site would be consistent with urban environments. Species that may be anticipated in and around the site would likely consist of a variety of common bird, insect; and reptile species. (Sources: Newport Beach General Plan, Aerial Photographs, and Site Survey, Central - Coastal Orange County NCCP) A. Would the 'project 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 area is located within a highly urbanized area of Newport Beach. --The .. proposed project site and surrounding area is heavily disturbed and does not support rare, candidate, sensitive, or special status species. The proposed project site is currently. improved with a paved surface parking lot, ornamental trees and groundcover /shrubs, and' hardscape areas. Sensitive plant species that are known to be present within the City, such as Diegan Coastal sage scrub, do not occur on the site or within the surrounding area due to prior urban development and disturbance of the area. Because of the highly disturbed nature of the area and the lack of sensitive biological resources, no adverse impacts to sensitive biological resources are anticipated as a result of the proposed project. Impacts — either direct or those resulting from habitat modification — to any species identified as a candidate, sensitive, or special status species would not occur as a result of the proposed project. (Sources: Newport Beach General Plan and Site Survey) B. Would the project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? No Impact. The proposed project site is currently improved with a paved surface parking lot, ornamental trees and landscaping, and hardscape areas; the site does not support riparian habitat or any other sensitive natural community. All on -site vegetation, including trees, shrubs and grasses, were installed as ornamental landscaping during the previous development of the site. There are no water channels or evidence of water flows on or near the proposed project site. The water resources map provided in the proposed General Plan Update does not identify any streams or rivers on or near the proposed project site. Consequently, the proposed project would not affect riparian habitats or other sensitive natural communities, as identified by the California Department of Fish and Game or the U.S. Fish and Wildlife Service; impacts associated with this issue would not occur. (Sources: Proposed Newport Beach General Plan Update and Site Survey) C. Would the project 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? No Impact. The proposed project site is currently improved as a paved surface parking lot with ornamental landscaping and hardscape areas and does not support any wetland habitat as defined by Section 404 of the Clean Water Act. No channels or evidence of flow occur in or around the proposed project site and no Koll Company Corporate Headquarters Page 3 -12 Initial Study and WD SZ Environmental Ana"s permits from the California Department of Fish and Game or the U.S. Army Corps of Engineers would be required. The nearest watercourses are San Diego Creek and Santa Ana Delhi Channel, both of which are located approximately 1.0 mile (to the south and east, respectively) from the site at their nearest points. Therefore, no impacts to federally protected wetlands through direct removal, filling, hydrological interruption or other means are anticipated to occur as a result of the proposed project. (Sources: Proposed Newport Beach General Plan Update and Site Survey) D. Would the project 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? No Impact. The proposed project site is highly urbanized and disturbed. Vegetation on the site consists of non -native ornamental tree and groundcover /shrub species. Due to the presence of urban development on all sides of the site, and its location in a highly urbanized setting, the proposed project site is not expected to ­-be used as a wildlife corridor for any- migratory species. The proposed- project site is not designated2s an •_ - established wildlife corridor and is not used as a nursery site by wildlife species. Species on -site may include a variety of common bird, insect, and reptile species commonly found in urban settings, none of whose migration would be inhibited by development of the proposed project. The proposed project would not interfere 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; no impacts would occur. (Sources : Newport Beach General Plan, Project Plans, Site Survey, and Aerial Photograph) E. Would the project conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? No Impact. Existing tree species present on the proposed project site include mature Eucalyptus and Liquidambar. The majority of the existing trees on -site would be preserved, while removed trees would be replaced with additional trees of the Eucalyptus and Liquidambar species. The City's policies affecting tree removal and re- location only apply to trees located in public areas under control of the City. All trees that may be affected by the proposed project are located on private property. Thus, none of the existing on -site trees are protected under a tree preservation policy or ordinance. No conflict with the City's tree preservation ordinance or policies would occur with proposed project implementation. (Sources: Newport Beach General Plan, Newport Beach Municipal Code, Project Plans, and Site Survey) F. Would the project conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? No Impact. The Coastal/Central Orange County NCCP (approved in July 1996) includes areas previously protected through traditional land use practices such as exactions, dedications, and purchases, as well as areas with at -risk habitat or species. The resulting preserve encompasses 37,380 acres containing 12 major habitats and 39 threatened or endangered plant and animal species. As discussed above in Section 3.4, the proposed site is not located within the NCCP and would, therefore, not conflict with the implementation of that plan. The proposed project would have no impact on local or regional habitat conservation plans. (Sources: Newport Beach General Plan, Site Survey, and Coastal/Central Orange County NCCP) Koll Company Corporate Headquarters Page 3 -13 Initial Study and MND 5 Environmental Analysis 3.5. CULTURAL RESOURCES The City's first inhabitants were the Shoshone Indians who lived along the Pacific coast for thousands of years. In the 1800'x, land holdings of the Capistrano Mission were divided out as Spanish and Mexican land grants to war heroes and aristocratic families. American entrepreneurs by the names of Flint, Bixby, Irvine and McFadden later bought most of the land area known as Newport Beach's upper bay and lower bay. Later, in 1906, the City of Newport Beach was incorporated. By 1936, the present day contour of Newport Beach was established and community members dedicated the City's main harbor, named Newport Harbor. World War II brought about an influx of new military operations and personnel working and living in the area. The Santa Ana Freeway (1 -5), built in the 1950's, brought even more people to the City. By the 1970's, rapid growth led to the building of shopping centers, hotels, high -scale restaurants, and many new homes. The-Gity.of Newport Beach has not beerrextensiveiy studied-or excavated: - -However; many archaeological - sites have been discovered throughout the City, more specifically, adjacent to the "Upper Bay" area. Because the City has not been widely surveyed, the majority of the known or unknown archaeological sites have already been destroyed due to development in the area. Known unique paleontological resources have been discovered along the bluffs on the east shore of the bay and the adjoining foothills and in the North Bluffs area. There are four sites within the City currently listed on the National Register of Historic Places (NRHP). Four sites within the City area also listed as California Historical Landmarks, and four additional properties are listed in the California Historical Resources Information System (CHRIS) database. The City Register also includes seven properties of local historical or architectural significance, two of which are listed on the NRHP and California Register of Historic Resources (CRHR). None of the sites are located on or within the vicinity of the proposed project site. (Sources: Site Survey, National Register of Historic Places, California State Historical Landmarks, Newport Beach Municipal Code, Proposed General Plan Update, and the Cultural Resources Section of the Proposed Newport Beach General Plan Update Environmental Impact Report) A. Would the project cause a substantial adverse change in the significance of a historical resource as defined In §15064.5? No Impact. The proposed project site is not identified as having historical resources and no historic sites are identified on the adjacent areas surrounding the site. Thus, the proposed project would have no impacts on historical resources. (Sources: Site Survey and the Cultural Resources Section of the Proposed Newport Beach General Plan Update Environmental impact Report) B. Would the project cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5? Less than Significant Impact with Mitigation. The proposed project site is located in a highly urbanized area and currently improved with paved surface parking spaces, ornamental trees and landscaping, and other hardscape areas. According to the proposed General Plan Update, the proposed site is not known.to contain unique archaeological resources. In addition, the proposed project site has been subject to grading and other site development activities in the past and unique archaeological resources may have been damaged or Koll Company Corporate Headquarters Page 3 -14 Intttd Study and MND 5� Environmental Analysis destroyed as a result. However, the proposed project site has not been extensively studied or excavated to determine the presence of unique archaeological resources, or the lack thereof. Since the presence of unique archaeological resources on or below the project site cannot be conclusively confirmed or disproved, the ground- disturbing activities (i.e., grading and excavation) required for construction of the proposed two -story office building and subterranean parking level have the potential to cause substantial adverse changes to unique archaeological resources if such resources are located on -site. However, the likelihood of encountering unique archaeological resources is considered minimal given the highly urbanized nature of development that has previously occurred on, and adjacent to, the proposed project site. Nonetheless, this is considered a potentially significant impact. Mitigation Implementation of the following mitigation measure would ensure that potentially significant impacts to unique archaeological resources are reduced to a level less than significant: ---Wtigation Measure 3.5 -1: - Priorto -the issuance of a grading permit, -the-applicant shall provide— --` ° ^- written evidence to the Planning Director that a qualified archaeologist has been retained to observe grading activities and conduct salvage excavation of archaeological resources as necessary. The archaeologist shall be present at the pre - grading conference, shall establish procedures for archaeological resources surveillance, and shall establish, in cooperation with the applicant, procedures for temporarily halting or redirecting work to permit the sampling, identification, and evaluation of the artifacts as appropriate. If additional or unexpected archaeological features are discovered, the archaeologist shall report such findings to the applicant and to the Planning Department. If the archaeological resources are found to be significant, the archaeological observer shall determine appropriate actions, in cooperation with the applicant, for exploration and/or salvage. These actions, as well as final mitigation and disposition of the resources, shall be subject to the approval of the Planning Director. (Sources: Site Survey, proposed General Plan Update, and the Cultural Resources Section of the Proposed Newport Beach General Plan Update Environmental Impact Report) C. Would the project directly or indirectly destroy a unique paleontological resource or site or a unique geologic feature? Less than Significant Impact with Mitigation. The proposed project site is located in a highly urbanized area and currently improved with paved surface parking spaces, ornamental trees and landscaping, and other hardscape areas. The proposed site is relatively flat and does not include any unique geologic features. According to the proposed General Plan Update, the proposed site is not known to contain unique paleontological resources. In addition, the proposed project site bas been subject to grading activities in the past and unique paleontological resources and geologio features may have been damaged or destroyed as a result. However, the proposed project site has not been extensively studied or excavated to determine the presence of unique paleontological resources, or the lack thereof. Since the presence of unique paleontological resources on or below the project site cannot be conclusively confirmed or disproved, the ground - disturbing activities (i.e., grading and excavation) required for construction of the proposed two -story office building and subterranean parking level have the potential to cause substantial adverse changes to unique paleontological resources if such resources are located on -site. However, the likelihood of encountering unique paleontological resources is considered minimal given the highly urbanized nature of development that has previously occurred on, and adjacent to, the proposed project site. Nonetheless, impacts to unique paleontological resources are considered potentially significant. Mitigation Kell Company Corporate Headquarters Page 3 -15 Initial Study and UND 55 r Environmental Analysts Implementation of the following mitigation measure would reduce potentially significant impacts to unique paleontological resources to a level less than significant: Mitigation Measure 3.5-2: Prior to the issuance of a grading permit, the applicant shall provide written evidence to the planning director that a qualified paleontologist has been retained to observe grading activities and conduct salvage fossils as necessary. The paleontologist shall be present at the pre - grading conference, shall establish procedures for paleontological resource surveillance, and shall establish cooperation with the applicant, procedures for temporarily halting or redirecting work to permit the sampling, identification and evaluation of fossils. If maor paleontological resources are discovered which require long term baiting or redirecting of grading, the paleontologist shall report such findings to the applicant and to the Plarming Department. The paleontologist shall determine ' appropriate actions, in cooperation with the applicant, which ensure proper exploration and/or salvage. f . These actions, as well as final mitigation and disposition of the resources, shall be subject to the approval of the Planning Director. (Sources: Site Survey, Proposed General Plan Update, and the Cultural Resources Section of the Proposed Newport Beach General Plan Update Environmental lnytact Report) D. Would the project disturb any human remains, including those interred outside of formal cemeteries? No Impact. The proposed project site and adjacent areas are highly disturbed due to previous urban 1 _ developments. There is no evidence of human remains or a previous cemetery on or adjacent to the proposed project site. Furthermore, human remains, if present, would likely have been encountered during grading and other site development activities associated with the current use of the site. Thus, the likelihood of encountering human remains on the proposed project site is extremely low. Development of the site as proposed by the project would have no impact on human remains, including those interred outside of formal ` cemeteries. (Sources: Site Survey and Conservation ofNatural Resources Element of the Newport Beach General Plan) 3.6 GEOLOGY AND SOILS Topography 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. The nearest major ridgelines to the area occur in the Santa Ana Mountains, Lomas de Santiago, and the San Joaquin Hills. The entire County consists of a series of northwest- trending mountain ranges and valleys and similarly oriented earthquake faults. The proposed project is located in the northern portion of the City of Newport Beach, approximately 0.5 miles south/southeast from John Wayne Airport. The proposed project site has a relatively flat terrain due to previous grading and site development activities associated with the current use of the site; on -site elevations range from approximately 47.5 to 48.5 feet above mean sea level (amsl). Solis The City of Newport Beach is underlain by Holocene -age alluvial sediments present in active and recently active stream channels throughout the City, in addition to beach, marshland, and intertidal deposits of Newport Harbor and Upper Newport Bay. Newport Mesa is underlain by primarily shallow marine sediments ranging in Koll Company Corporate Headquarters Page 3 -16 Initial Study and MND 54 Ent4ronmenta1 Anatysk . age from early to late Pleistocene. Various portions of the City are affected by one or more of the following soil conditions: soil erosion, compressible soils, expansive soils, and subsidence. However, none of these conditions are known to significantly affect the proposed project site. Seismicity Southern California is a seismically active area that includes several types of fault systems including strike - slip, oblique, thrust, and blind thrust faults. The region is subject to seismic hazards of varying degrees, depending on the proximity and earthquake magnitude potential of nearby active faults, and the local geologic and topographic conditions. Seismic hazards include primary hazards from surface rupturing of rock and soil materials along active fault traces, and secondary hazards resulting from strong ground shaking. An active earthquake fault is defined as a fault that has had surface displacement within Holocene time (about the last 11,000 years). The City of Newport Beach is located in a seismically active region and has experienced several large earthquakes- within the last, 100 years. There are no known active earthquake faults projecting towards or — extending across the proposed project site. However, several regional faults are located in the vicinity of the proposed project site. Fault systems that could produce ground shaking within the City include: San Andreas Fault; Newport- Inglewood Fault Zone; Elsinore Fault; Palos Verdes Fault; Norwalk Fault; Raymond Fault Zone; San Jacinto Fault; and San Fernando Fault Zone. The Newport- Inglewood Fault is the only active fault within or in the immediate vicinity of Newport Beach. Although not located within the City, the San Andreas Fault has an active seismic history and the potential to affect land uses within the City of Newport Beach as well as most cities in California. The Newport- Inglewood Fault extends for approximately 46.5 miles from the southern edge of the Santa Monica Mountains southeast to just offshore from the City of Newport Beach. The Newport- Inglewood Fault is capable of producing a 7.0 or greater magnitude earthquake. Capable of producing a maximum credible earthquake of Magnitude 8.0 or greater, the San Andreas Fault is recognized as the longest and most active earthquake fault in California. The San Andreas Fault is 625 miles long and runs from Cape Mendocino in Northern California to an area near the Mexican border. The proposed Newport Beach General Plan Update identifies potential seismic and soil hazard areas with liquefaction and landslide potential within the City. The proposed project site is not considered to have liquefaction or landslide potential. Within Newport Beach, areas of slope instability include areas in the San Joaquin hills and in the bluff areas located throughout the City. The proposed project site is relatively flat and not located within a bluff area. (Sources: USGS Laguna Beach Quadrangle, Proposed Newport Beach General Plan Update, Southern California Earthquake Data Center, and Site Survey) A. Would the project expose people or structures to potential substantial adverse effect, including the risk of loss, injury, or death involving rupture of a known earthquake fault, as delineated on the most recent Algnist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Less than Significant Impact. There are no known local or regional active earthquake faults projecting towards or extending across the proposed project site. Additionally, the site is not located in a designated Alquist - Priolo Earthquake Fault Zone. The active and potentially active fault systems that may create significant earthquake hazards to the site include the Newport- Inglewood and San Andreas Fault zones. The Newport- Inglewood Fault is located approximately five miles southwest of the site and the San Andreas Fault occurs at a distance of more than 50 miles inland from. the proposed project site. Since no Koll Company Corporate Headquarters Page 3 -17 intttal Study and MND 5� Environmental Aneiysis earthquake faults cross through or extend onto the site, development on the site would not be exposed to fault ground rupture hazards. Thus, the proposed project would not expose people or structures to substantial hazards associated with fault rupture. (Sources: USGS Laguna Beach Quadrangle, project plans, and proposed Newport Beach General Plan Update Safety Element) B. Would the project be subject to strong seismic groundshaking? Less than Significant Impact. There are no earthquake faults crossing through or extending onto the site. • However, the proposed project site is located in a seismically active region, and would be subject to groundshaking associated with earthquakes on nearby faults. The proposed two -story (40 feet tall) office ' building and related infrastructure would be subject to groundshaking hazards, which could lead to damage of the structure, roads, utility lines, and other structural hazards that could cause property damage and personal injuries. Employees, construction workers, and visitors on the site would be exposed to groundshaldng hazards _ during an earthquake event, .This. hazard is no different than groundshaking hazards elsewhere in the City of Newport Beach or the region, but would present public safety hazards associated with structural damage, falling j objects, pavement cracking, utility line damage and resulting fires, and other property damage and public safety concerns. Compliance with applicable standards in the Uniform Building Code, including those associated with the design and engineering of buildings to minimize the effects of seismic activity and pertinent building standards of the City of Newport Beach, would reduce groundshaking hazards to acceptable levels. The proposed structure would be constructed to withstand seismic forces, and only pavement cracking and utility line damage with minimal impact to life and property may occur at the proposed project site as a result of nearby earthquakes. Thus, the impact of strong seismic ground shaking would be less than significant. (Sources: USGS Laguna Beach Quadrangle, Greenbook, and Newport Beach General Plan Public Safety Element) C. Would the project be subject to seismic- related ground failure, including liquefaction? Less than Significant. Liquefaction is characterized by saturated soils that behave like liquid during groundshaking and is associated with perched water conditions and loose soils. Areas with liquefaction potential may also experience seismic - related ground failure (i.e., seismically- induced settlement). The proposed project site is flat and is not located within an area with liquefaction or seismic - related ground failure potential according to the proposed General Plan Update Safety Element. Furthermore, the site is not located within a designated Earthquake Alquist - Priolo Fault Zone, and no surface faults cross through or extend toward the site. Thus, the proposed project would be subject to less than significant impacts caused by seismic - related ground failure, including liquefaction. (Sources: California Geological Survey and Newport Beach General Plan Public Safety Element) D. Would the project be subject to landslides? No Impact. The proposed project site has been subject to past grading and site development activities and consequently has a relatively flat terrain with on -site elevations ranging from 47.5 to 48.5 feet amsl. The areas surrounding the site are also relatively flat from past grading and site development activities. The proposed Newport Beach General Plan Update identifies areas with slope instability in the City, and the proposed project site it is not within an area known to have unstable slope conditions. Additionally, Koll Company Corporate Headquarters Page 3 -I8 Initial Study and MO S(� Environmental Analysis proposed grading and site development activities associated with the proposed project would maintain the existing level terrain on- site. Thus, no impact associated with landslides would occur as a result of the proposed project. (Sources: Site Survey, Project Plans, and Proposed Newport Beach General Plan Update Safety Element) E. Would the project result in substantial soil erosion or the loss of topsoil? Less than Significant Impact. The proposed project includes replacement of the existing paved surface parking spaces, ornamental trees and landscaping, and other hardscape areas with a two -story office building above one level of subterranean parking surrounded by re- configured paved surface parking spaces and ornamental trees and landscaping; no on -site topsoil would be exposed during the long -term operation of the proposed project. Thus, substantial soil erosion and/or the loss of topsoil would not occur over the long -term operation of the project. However, the potential exists for short-term impacts related to soil erosion or loss of topsoil caused by the exposure of soil during construction, grading, and excavation activities: However,-the-potential €or,impacts would be confined to excavation areas and would cease upon completion of project construction (maximum 12 months in duration). Implementation of the erosion control methods required by the City's Excavation and Grading Code would ensure that these potential impacts remain less than significant. (Sources: Proposed Newport Beach General Plan Update Safety Element and Newport Beach Municipal Code) F. Would the project be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? Less than Significant Impact. The proposed project site is not known to be located on an unstable geologic unit, subsidence has not occurred along the proposed project site, and there is no known incidence of landslide, lateral spreading, liquefaction, or collapse on -site or near the site. Thus, the likelihood of impacts caused by an unstable geologic unit or soils is considered low, but possible. Conformance with, and implementation of, Newport Beach Building Code requirements for incorporation of a soil treatment program in the excavation and constructions plans, site - specific evaluation of soil conditions to identify and eliminate potentially unsuitable soil conditions, design of foundation support, and all other applicable policies would ensure that the proposed project is not located on an unstable geologic unit or soils. The proposed project is not expected to be exposed to or create on or off -site landslide, lateral spreading, subsidence, liquefaction, or collapse hazards; impacts are considered less than significant. (Sources: Site Survey, Newport Beach Building Code, and Proposed Newport Beach General Plan Update Safety Element) G. Would the project be located on expansive soil, as defined in Table 18-1 -B of the Uniform Building Code (1994), creating substantial risks to life or property? Less Than Significant Impact. The proposed project site is not known to have significant expansion potential. However, even the slightest potential for the existence of expansive soils within the proposed project site raises the possibility that foundation stability for the project's proposed two -story office building and one level of subterranean parking, paved areas, and associated utilities could be compromised Conformance with, and implementation of, Newport Beach Building Code requirements for a sits- specific foundation investigation, site - specific evaluation of soil conditions to identify and eliminate potentially unsuitable soil conditions, foundation type and design criteria, and all other applicable policies would Koll Company Corporate Headquarters Page 3 -19 Initial Study and MND S� j Environmental Analysis ensure that the proposed project is not located on expansive soils. Thus, potential impacts to life or property associated with expansive soils are considered less then significant. (Sources: Site Survey, Newport Beach Building Code, and Proposed Newport Beach General Plan Update Safety Element) If. Would the project 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 development would be connected to the public sewer system through sewer lines in the surrounding streets. Use of existing sewer lines would prevent a need for septic tanks or other types of alternative wastewater disposal systems that could be limited by soil characteristics at the proposed project site. Since sewers would be available for sewage generated by the proposed project, septic tanks would not be affected by soils at the proposed project site. Thus, no impacts to soils which are unsuitable - for on -site sewage disposal-systems-would occur as a result of the proposed project. (Sources: Newport Beach General Plan Public Safety Element, Site Survey, and Project Plans) 3.7 HAZARDS AND HAZARDOUS MATERIALS :. A hazardous material is defined as any substance that may be hazardous to humans, animals, or plants, and may include pesticides, herbicides, toxic metals and chemicals, volatile chemicals, explosives, and even nuclear fuels or low -level radioactive wastes. The City of Newport Beach has a wide variety of industries and land uses, which generate, use, or handle hazardous materials. Most of these sites are associated with industrial and commercial uses located throughout the City. The proposed project site is currently developed with paved surface parking areas serving the surrounding buildings, ornamental trees and landscaping, and other hardscape areas. No hazardous materials are visible on- site. Additionally, the proposed project site is not listed in U.S. Environmental Protection Agency (EPA) Envirofacts Toxics Release Inventory (TRI). Land uses within the vicinity of the proposed project that are included on EPA's TRI include Conexant Systems, Inc. and Newport Fab LLC at 4311 and 4321 Jamboree . Road, respectively, approximately 0.5 miles southeast of the proposed project site. Other TRI sites located in the City but that are not located within the vicinity of the proposed project include: Hixson Metal Finishing at 829 Production Place approximately 4.5 miles southwest of the proposed project site; Ford Motor Company at 1000 Ford Road approximately 2.5 miles south of the proposed project site; and Hughes Aircraft Co. at 500 Superior Avenue approximately 4.5 miles southwest of the proposed project site. The proposed project site is located. approximately 0.5 miles south/southeast of John Wayne Airport and could be subject to hazards from aircraft operations. According to the proposed General Plan Update, the site is located within an area with a potential wildfire hazard of "Low/None" and is not located in a "potential flood hazard area ". Hazards associated with earthquakes and soil/emsion etc. are discussed above in Section 3.6, Geology and Soils. No other hazards are known to be present on -site or near the site. (Sources: Proposed Newport Beach General Plan Update, EPA Envirofacts Database, and Site Survey) A. Would the project create a significant hazard to the public, or the environment through the routine transport, use, or disposal of hazardous materials ?. Less than Significant Impact. The proposed project site is not listed as a hazardous materials site. Nearby hazardous material handlers are not expected to pose hazards to on -site land uses. Operation of the Koll Company Corporate Headquarters Page 3 -20 Initial Study and MND �0 Envlmnmental Analysis proposed project site with a two - story office building, one level of subterranean parking, paved surface parking areas, and ornamental trees and landscaping would not create a significant hazard to employees or visitors of the site. Hazardous material deliveries or transport to and from nearby hazardous materials handlers would likely utilize Jamboree Road and other surrounding roadways. There is adequate capacity in the existing and planned street system to handle vehicle traffic volumes and no roadway hazards would be created which may lead to conflicts associated with these hazardous material transports. Thus, no significant adverse impacts on the proposed project are expected from these nearby land uses. Construction activities associated with the proposed project would involve the use of hazardous materials such as oil, gas, tar, and cleaning solvents. These hazardous materials could pose risks to construction workers or lead to soil and groundwater contamination if not properly stored or used. In addition, transport of these hazardous materials to and from the site during construction activities would add hazards to the surrounding roadways and freeways. Compliance with existing hazardous material regulations would prevent undue hazards. This impaet is- expected to be less than significant-since-hazardous material use and disposal would be made in accordance with existing regulations. The proposed office building and ornamental trees and landscaping on the site could involve the use of small quantities of hazardous materials such as cleaning solvents, paint, fertilizers, pesticides, etc. This ( usage would be limited and is not expected to create human health hazards or public safety hazards. Thus, the proposed project would result in less than significant impacts associated with the routine transport use, .or disposal of hazardous materials. (Source: Site Survey, City of Newport Beach, Newport Beach General Plan, and Project Plans) B. Would the project create a significant hazard to the public or the environment through reasonable foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Less than Significant Impact. Activities associated with the proposed project construction may involve some hazardous materials use, such as paints, thinners, cleaning solvents, oil, grease, etc. Transport of these hazardous materials to and from the site during construction activities would add hazards to the surrounding roadways and freeways. The public and environment could be subject to release of hazardous materials into the environment through accidents that could occur as hazardous materials are en route to or from the proposed project site. Such accidents could include vehicle or rail accidents or mistakes made during handling of materials. Hazardous materials uses would be subject to Federal, State, and local regulations regarding the use, handling, storage, transport, and disposal of hazardous materials to reduce the risk of such accidents. The regulations include established measures for proper storage, use, and disposal, and a risk management and prevention plan for accidents. Truck oil change, equipment maintenance, and other activities that may release hazardous materials during construction would be conducted in accordance with existing regulations, such as the National Pollutant Discharge Elimination System (NPDES), to prevent soil and water contamination and accidents. Compliance with all applicable regulations would prevent spills and accident conditions that could release hazardous materials into the environment. Further, traffic safety signs and controls would be provided to create safe driving conditions and prevent vehicle accidents. Thus, hazardous material accidents are expected to be less than significant. (Source: Site Survey and Project Plans) .. Koll Company Corporate Headquarters Page 3 -11 Initial Study and MND b1 Environmental C. Would the project emit hazardous emissions or handle hazardons or acutely hazardous materials, substances, or waste within one - qnarter mile of an existing or proposed school? No Impact. The proposed project would not routinely utilize or generate hazardous materials or wastes. Construction activities associated with development of proposed project would involve the short-term use of hazardous materials for construction. The closest existing school to the proposed project site is Eastbluff Elementary located at 2627 Vista Del Oro in Newport Beach. This school is located approximately 2.3 miles southwest of the project site. This school site is at a far enough distance from the site that potential emissions from vehicle and stationary equipment during construction activities would not reach school students and faculty. In any event, construction of the proposed project would comply with existing hazardous material regulations to prevent undue hazards to school users. Thus, the proposed project would have no impacts associated with the emission or handling or hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school. (Sources: Newport -Mesa Unified School District, Site Survey, and Project Plans) D. Would the project be located on a site which is included on a list of hazardons 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. According to EPA, the project site is not listed on the Department of Toxic Substances Control Hazardous Waste and Substance List (Cortese List) the list of hazardous materials sites compiled pursuant to Government Code Section 65962.5. The proposed project site is also not listed on the U.S. EPA Envirofacts Toxics Release Inventory (TRI). Therefore, implementation of the proposed project would not result in a risk to the public or the environment. As discussed above, the nearest hazardous material users are Conexant Systems, Inc. and Newport Fab LLC at 4311 and 4321 Jamboree Road, respectively, approximately OS miles southeast of the proposed project site. No impacts on these hazardous material users would occur with the proposed project. (Sources: EPA Envirofacts Database and Site Survey) E. For a project located within an, airport land use plan or, where snch 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? Less than Significant Impact with Mitigation Incorporated. The proposed project site is located approximately 0.5 miles south/southeast of John Wayne Airport (JWA) and within the adopted Airport Environs Land Use Plan (AELUP) for JWA. Specifically, the proposed project site is within the Height Restriction Zone for JWA, which sets various height limits for structures within a 20,000 foot radius of JWA in order to avoid adverse affects to the airport. The proposed project penetrates the 100 to 1 slope for a horizontal distance of 20,000 feet from the near point of the nearest runway of JWA described in FAA Part 77.13 — Objects Affecting Navigable Airspace. Thus, construction of the proposed project could result in potential safety hazards for people residing or working in the project area if compliance with the above- mentioned height requirements does not occur. This is a potentially significant impact. Implementation of the mitigation measures listed below would ensure that potentially significant safety hazard impacts would be reduced to a less than significant level. .. Koil Company Corporate Headquaners Page 3 -22 Initial SYudy and MND ` :. VZ Environmental Analysis Mitigation- Mitigation Measure 3.7 -1: Prior to the issuance of a building permit for the office building, the Project Applicant shall file Form 7460 -1 with the Federal Aviation Administration (FAA). Upon receiving the FAA determination, the project shall be submitted to the Orange County Airport Land Use Commission (ALUC) for a determination of consistency. The project may be subject to additional conditions as required by the FAA and/or the ALUC in order to be found in compliance with the John Wayne Airport Environs Land Use Plan. (Sources: Airport Environs Land Use Plan for John Wayne Airport and Site Survey) F. For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? No Impact. There are no private airstrips located immediately adjacent to or near the proposed project site. Therefore, the proposed project would- not - expose people in the area to air traffic hazards, during or after construction. (Sources: Project Plans, Thomas Guide for Los Angeles and Orange Counties, and Site Survey) G. Would the project impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? . Less than Significant Impact. The site is not used for emergency evacuation. According to the Newport 'i Beach General Plan, two major roadways near the site, Jamboree Road and MacArthur Boulevard, are designated as a major evacuation routes. However, long -term operation of the proposed two -story office building would not affect evacuation along these surrounding roadways. Potential traffic congestion during construction along MacArthur Boulevard may impede emergency response, although this impact would be short-term in duration (maximum anticipated construction duration is 12 months) and would not be significant. Access to all areas located adjacent to the site would be available at all times, so as not to preclude fire protection and emergency services. Therefore, the proposed project would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan; impacts are considered less than significant. (Sources: Proposed Newport Beach General Plan Update, Project Plans, and Site Survey) H. Would the project 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 is currently improved as paved surface parldng spaces, ornamental trees and landscaping, and other hardscape areas. The proposed development of the site includes construction of a two -story office building above one level of subterranean parking, and paved surface parking and landscaping areas. The proposed landscaping would use ornamental tree and groundcover /sbrub species, which would be regularly irrigated. According to the proposed Newport Beach General Plan Update, the proposed project site is located in an area with a potential wildfire hazard of "Low/None ". Construction of the proposed project would not create a greater brush fire hazard than currently exists on the project site. Therefore, no risk of loss, injury, or death involving wildland fires is anticipated from the proposed project. (Sources: Site Survey, proposed Newport Beach General Plan Update, and project plans) .. Koll Company Corporate Headquarters- Page 3 -23 5 Initial Shady and MND # Environmental Analysis 3.8 HYDROLOGY AND WATER QUALITY The majority of the County of Orange as well as the entire City of Newport Beach are located in the Santa Ana River Basin. The Santa Ana River system provides the primary drainage functions for the Santa Ana River Basin and is managed by the Santa Ana Regional Water Quality Control Board (RWQCB). The basin includes the upper and lower Santa Ana River watersheds, the San Jacinto River watershed, and several other small drainage areas. More specifically, the proposed project is located within Reach I of the Lower Santa Ana River watershed. Reach I extends from what is referred to as the Tidal Basin on the coast to 17's Street in the City of Santa Ana. There are no major surface water resources in the vicinity of the proposed project. According to the Santa Ana River Basin Plan, groundwater resources in the vicinity of the proposed project include Irvine Forebay I and 11 and the Irvine Pressure sub - basins. According to the proposed General Plan Update, the Coastal Plain of the Orange County Groundwater Basin underlies the proposed project site. However, shallow groundwater levels (i.e. less than 50 feet from the ground surface), including seasonal fluctuations in groundwater levels; are not- laaown to occur on the proposed project site: According to the Newport Beach General Plan, the proposed project area is located outside of designated flood hazard zones. In addition, according to the proposed General Plan Update, the nearest Special Flood Hazard Areas Inundated by a 100 -year flood are located over one mile to the east and south of the proposed project area adjacent to Newport Upper Bay and the Santa Ana Delhi Channel. (Sources: Newport Beach General Plan, the proposed Newport Beach General Plan Update, and USGS Laguna Beach Quadrangle, Santa Ana River Basin Water Quality Control Plan) A. Would the project violate any water quality standards or waste discharge requirements? Less than Significant Impact with Mitigation Incorporated. The City of Newport Beach is located within Region 8 (the Santa Ana Regional Water Quality Control Board [RWQCB]). The City of Newport Beach is a co-permittee with Orange County in the NPDES Program Accordingly, the Project Applicant would be required to comply with all applicable Federal, State, regional, and local regulations to protect water quality during construction and operation of the proposed project as described in further detail below. Construction Construction activities associated with the proposed project may have the potential to impact water quality. Construction, excavation, and site development activities -would expose surface soils which may result in soil erosion and subsequent deposition of particles in drainage areas. These include loose soils and organic matter, demolition wastes and construction materials, construction equipment fluids, and cleaning and maintenance solvents. Additionally, the temporary use of hazardous materials in the form of paint, adhesives, surface coatings and other finishing materials may result in the subsequent deposition of these pollutants in drainage areas and ultimately the degradation of downstream receiving water bodies. These are potentially significant impacts. Mitigation Implementation of the following mitigation measure would reduce potentially significant impacts caused by violation of water quality standards or waste discharge requirements to a level less than significant: Measure 3.8 -1: Prior to issuance of grading permits by the City, the Project Applicant p and submit a Notice of Intent (NOI) and Storm Water Pollution Prevention Plan (SWPPP) Koff. Company Corporate Headquarters Page 3 -24 Initial Study and hfND Ent4ronmerdal Analysis to the Santa Ana RWQCB for compliance with the Statewide NPDES permit for construction activity. The SWPPP shall contain Best Management Practices (BMPs) to be implemented during construction to minimize impacts to local receiving water from pollutants in storm water runoff. Such best management practices (BMPs) include use of sandbags, gravel bags, check dams, silt fences, soil binders, erosion control blankets, fiber rolls, riprap pads, and practices that prevent debris and pollutants (loose soils, hazardous materials, oil, grease and solvents, other construction materials) from entering the storm drain system. The Project Applicant shall provide the City of Newport Beach with a copy of the NOI and their application check as proof of filing with the RWQCB. Operation The proposed project would replace the existing paved surface parking lot, ornamental landscaping, and hardscape areas with a two -story office building above one level of subterranean parking and similar t amounts of surface parking and landscaping areas. Thus, the proposed project would be largely covered with impervious surfaces and would generate stormwater runoff. The presence of pollutants associated with the proposed use of the site in the volume - uf`rmoff generated by the site: could result in potentially significant impacts to local receiving waters. Mitigation Implementation of the following mitigation measure would reduce potentially significant impacts caused by violation of water quality standards or waste discharge requirements to a level less than significant: = Mitigation Measure 3.8 -2: Prior to issuance of grading permits, the Project Applicant shall prepare and submit a Water Quality Management Plan (WQMP) for the proposed project, subject to the approval of the Building Department and Code and Water Quality Enforcement Division. The WQMP shall provide appropriate Best Management Practices (BMPs) and design elements to i ensure that stormwater runoff is minimized to the maximum extent possible and that no violations of water quality standards or waste discharge requirements occur. r (Sources: Site Survey, Newport Beach General Plan, and Project Plans) B. Would the project 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)? No Impact. The proposed two -story office building would lead to an increase in demand for water over the existing use of the site as paved surface parking spaces. However, the 21,311 GSF office building would house only approximately 50 employees, which would not create a substantial increase in demand for water in excess of the existing and planned supplies for the site. In addition, the amount of landscaped area, and thus the amount of water needed for landscaping, would not change substantially as a result of the proposed project. Water service and demand is discussed in Section 3.16, Utilities. There are no existing groundwater wells on the site and no wells are proposed as part of the proposed project. The proposed project site is not known to include shallow groundwater levels; thus, excavation and grading activities are not expected to occur at depths that would affect groundwater resources. The proposed project would not affect groundwater aquifers. Koll Company Corporate Headquarters Page 3 -25 Initial Study and MND 1 4) Environmental The proposed development would not reduce groundwater recharge in the proposed project area. The majority of the site is currently almost entirely developed with impermeable surfaces in the form of paved surface parldng spaces, ornamental landscaping, and other hardscape areas. Construction of the proposed office building and ornamental landscaping areas would result in similar amounts of impermeable surface on the proposed project. Therefore, the proposed project would not substantially alter the amount of impermeable surfaces on -site over that which currently exists. The proposed development is not expected to significantly affect groundwater recharge in the area. (Sources: Site Survey, Project Plans, and Newport Beach General Plan) C. Would the project 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 Impact. The .proposed office building would not alter the course of a stream or river, as no streams or rivers exist on the proposed`Fi-roject site.' The 'project site is relatively flat and primarily covered with impervious surfaces in the form of paved surface parking spaces and hardscape areas surrounding an existing office building. The proposed project would not substantially alter the ` amount of impervious surfaces or the existing drainage pattern on -site. Runoff from the site would be directed into curbs and gutters around the project site and eventually into the existing storm drain system. The proposed project would not alter the existing drainage pattern of the site or area in a manner which would result in substantial erosion or siltation on- or off -site. Furthermore, long -term impacts caused by surface runoff from the parking lot and other impervious areas would be controlled per WQNP F requirements. NPDES permit and SWPPP requirements would properly control short-term erosion and siltation impacts during the construction phase of the project. The requirements of the WQNP, NPDES' permit, and SWPPP are further discussed in Section M.A. Impacts associated with this issue would be less than significant. (Sources: Site Survey, Project Plans, and Newport Beach General Plan) D. Would the project 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. The project proposes a two -story office building, surface parking areas, and ornamental trees and landscaping on a site that is currently improved with paved surface parking spaces, ornamental trees and landscaping, and hardscape areas; the existing amount of impermeable surface on the project site would not be substantially altered. Thus, the rate and amount of surface runoff generated on- site would not be substantially increased as a result of the proposed project. Changes in drainage patterns would be minimal, internal to the site, and would not affect the regional hydrology or the drainage flows in the surrounding area. The runoff from the site is not expected to create flood hazards. No changes to flows within rivers, streams, or channels are expected. In addition, the proposed General Plan Update shows that the site is not currently in an area which is subject to flooding or flood hazards. Thus, the existing drainage pattern would not be substantially altered and the existing rate and amount of surface runoff would not be substantially increased in a manner which would result in flooding on- or off -site. No adverse impacts associated with flooding on- or off- site are expected. (Sources: Site Survey, Proposed Newport Beach General Plan Update, and Project Plans) Koll Company Corporate Headquarters Page 3 -26 Initial Study and MND 4 Envi mnmental Analysis E. Would the project 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? Less than Significant Impact. As discussed throughout this section, operation of the proposed office building would not substantially alter the amount of impervious surfaces on the proposed project site; thus, the amount of runoff water generated on -site and entering existing and planned stormwater drainage facilities would not be substantially increased by operation of the proposed project. Street sweeping of public streets is provided to remove and prevent debris from entering the storm drain system. The City requires catch basin stenciling to discourage waste disposal into the storm drain system Continued implementation of these city -wide programs would further reduce potential stormwater pollution from development. Furthermore, mandatory compliance with WQMP requirements regarding the implementation of on -site stormwater pollution mitigation and treatment and other BMPs for urban stormwater pollutant prevention would ensure that substantial additional sources of polluted runoff are not generated on -site. Construction activities associated with development on the site could lead to pollutants entering the storm drainage facilities serving the project site. These may include demolition and construction debris, construction equipment fuels, oil and grease, construction materials and solvents, loose soils, organic waste materials, etc. Conveyance of these materials into the storm drain system would lead to pollutants which could degrade stormwater quality. Mandatory compliance with the NPDES permit and SWPPP for construction activities would ensure that the proposed project site neither contributes additional runoff nor substantial additional sources of polluted runoff to existing and planned storm drainage facilities. Therefore, impacts associated with this would be less than significant. (Sources: Site Survey, Newport Beach Municipal Code, Newport Beach General Plan) F. Would the project otherwise substantially degrade water quality? Less than Significant Impact. The proposed project is not expected to adversely change the existing hydrology of the site or lead to significant adverse impacts on groundwater or surface water resources. As stated elsewhere in Section 3.8, the proposed project would comply with the NPDES General. Permit for Construction Activity and implement a SWPPP for construction activities. The proposed project would also comply with the WQMP requirements regarding the implementation of on -site stormwater pollution mitigation and treatment and other BMPs for urban stormwater pollutant prevention. The proposed project's potential to impact water quality is discussed throughout this section, and the proposed project is not expected to substantially degrade water quality. (Sources: Site Survey, Newport Beach General Plan, and project Plans) G. Would the project place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary of a Flood Insurance Rate Map or other flood hazard delineation map? No Impact. According to the proposed General Plan Update, the proposed project site is not within a 100 - year flood hazard area or in an area which is subject to flooding or flood hazards. Furthermore, the project proposes an office building and does not include housing. Therefore, the proposed project would not place housing within a 100 -year flood hazard as mapped on a federal Flood Hazard Boundary of a Flood Insurance Rate Map or other flood hazard delineation map. No adverse impacts associated with flooding are expected. Koll Company Corporate Headquarters Page 3 -27 Initial Study and BLIND V7 Environmental (Sources: Site Survey, FEMA, project Plans and Newport Beach General Plan Safety Element) H. Would the project place within a 100 -year flood hazard area structures, which would impede or redirect flood flows? No Impact. The site is not located within the 100 -year or 500 -year floodplain, as defined in FEMA's Flood Insurance Rate Map (FIRM). Thus, the proposed project would not place structures within a 100 -year or 500 -year floodplain. The proposed project development would not affect flows within 100 -year flood hazard areas. No impacts are expected. (Sources: Site Survey, FEMA, Project Plans, and Newport Beach General Plan Safety Element) I. Would the project 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 area is not located downstream-of a dam or levee that may lead to inundation hazards. Therefore, employees and visitors of the proposed project site would not be at risk of significant loss, injury, or death involving flooding, as a result of the failure of a levee or dam or as a result of the proposed project. (Sources: Site Survey, Newport Beach General Plan Safety Element, and Project Plans) J. Would the project expose people or structures to a significant risk of loss, injury or death Involving inundation by seiche, tsunami, or mudflow? No Impact. The City of Newport Beach is subject to low - probability but high -risk events such as tsunamis, storm surges, and seismically - induced inundation. However, the proposed project site would not locate property or persons in close enough proximity to the Pacific Ocean, or at a low enough elevation, to be impacted by such events. Furthermore, no existing or planned above - ground water tanks are located in the City. Therefore, no significant impacts would occur with proposed project implementation. (Sources: Site Survey and Newport Beach General Plan Safety Element) I{. Would the project result in significant alteration of receiving water quality during or following construction? Less Than Significant Impact. As discussed in item 3.8 E above, the proposed project has the potential for generating polluted stormwater. However, as discussed above, compliance with the NPDES General Permit for Construction Activity, implementation of a SWPPP for construction activities, and compliance with NPDES requirements for on -site stormwater pollution mitigation and treatment would ensure that less than significant impacts would result from the proposed project. L. Would the project result in a potential for discharge of stormwater pollutants from areas of material storage, vehicle or equipment fueling, vehicle or equipment maintenance (including washing), waste handling, hazardous materials handling or storage, delivery areas, loading docks or other outdoor work areas? No Impact. The proposed, project would not result in the use, storage or handling of any hazardous materials or vehicle fueling or maintenance areas. No delivery areas would be necessary with the development of the proposed project. As such, no impact would result from the operation of the proposed project. Koll Company Corporate Headquarters Page 3 -28 O Initial Study and MND u Environmental As discussed above, construction activities could result in the potential for stormwater pollutants. However, compliance with construction related permits ( NPDES) and required prevention plans ( SWPPP) would ensure that no significant impacts would result. M. Would the project result in the potential for discharge of stormwater to affect the beneficial uses of the receiving waters? Less Than Significant Impact. Compliance with the NPDES General Permit for Construction activities, preparation of a SWPPP as well as compliance with WQMP requirements for on -site stormwater pollution mitigation and treatment would ensure that stormwater discharge created by the proposed project would not affect the beneficial uses of any receiving bodies of water and that less than significant impacts would result from development of the proposed project. N.. Create the potential for significant changes in the flow velocity or volume of stormwater runoff to cause environmental harm ? - — - Less Than Significant Impact: As discussed in item 3.8 D above, the proposed project would not significantly alter the existing drainage patterns of the site (including velocity and volume of stormwater runoff). The site is currently relatively flat and will remain relatively level upon completion of the proposed project construction. Thus, the flow velocity of stormwater runoff would not change substantially as a result of the proposed project. The existing site is currently developed with paved surface parking spaces, ornamental trees and landscaping, and hardscape areas; the site is primarily covered with impervious surfaces. The proposed project would similarly cover the majority of the site with impervious surfaces and, therefore, the volume of stormwater runoff generated on -site would not be substantially altered. Runoff from the site would continue to be conveyed along curbs and gutters, and directed into the existing storm drain in MacArthur Boulevard. Changes in drainage patterns would be internal to the site and would not affect the regional hydrology or the drainage flows in the surrounding area. No significant changes to flows or velocity are anticipated with proposed project development and, therefore, no significant impacts would result. O. Create significant increases in erosion of the project site or surrounding areas? Less Than Significant Impact. As discussed in item 3.8 C above, the proposed project is not anticipated to significantly alter the drainage pattern of the site and would therefore, not create a significant increase in the erosion rates of the site or surrounding area. Runoff from the site would be directed into curbs and gutters and into the storm drain system along MacArthur Boulevard. The proposed project would not alter the existing drainage pattern of the site or area in a manner which would result in substantial erosion or siltation on- or off -site. Impacts would be less than significant. 3.9 LAND USE AND PLANNING Development within the City of Newport Beach varies and includes lower density single - family residential areas, as well as more intensely developed beachfront residential areas. Commercial areas within the City range from master planned employment centers to marine industrial and visitor commercial areas. The existing General Plan identifies groupings of small communities or "villages" within Newport Beach. Additionally, the Land Use Plan is divided into "Statistical Areas" (Statistical Division A through N) which Koll Company Corporate Headquarters Page 3 -29 Initial Study and WD Q Entdronmental Analysis specify the permitted uses and building intensity for each division. Many of the newer developments within the City are based on a "planned community" concept. Existing General Plan As shown in Figure 3-1, Land Use Policy Map, the proposed project site is located in the Airport Area (Statistical Area L4) of the Land Use Element and as a land use designation of Administrative, Professional, Financial Commercial (APF) in the Newport Beach General Plan. The Airport Area includes a breakdown of various uses allowed within the area. The proposed project site is identified as subheading 14 KCN Office Site A. The existing General Plan indicates that a total 436,079 square feet of Administrative, Professional, Financial Commercial (APF) uses are allowed within KCN OS A and 471 hotel rooms. Proposed General Plan The City is in the process of updating its General Plan. Within the proposed General Plan Update (GPU), the site is still identified as Statistical Area L4. The land use designation within the GPU for the proposed project site is Mixed Use Horizontal 2 W -H2). "This designation provides far a horizontal intermixing of uses that includes regional commercial office, multi- family residential, vertical mixed -use buildings, industrial, hotel rooms and ancillary neighborhood commercial uses. Zoning for the site would still be governed by the Planned Community text for the area (see below). Koll Center Newport Planned Community TThe proposed project is located within the Koll Center Newport Planned Community (KCN PC). The City has adopted Planned Community District Regulations (PC -14 Koll Center) that establish development standards and use regulations to implement the General Plan. As shown in Figure 3 -2, Planned Community Map, this planned community area is bounded by Campus Drive, Jamboree Road, and MacArthur Blvd. Areas within the Planned Community text are broken down still finther into what are referred to as office site areas (K(N Qf'tce Site A -G) as well as two industrial areas, a courthouse, and a retail service site. The proposed project is located within KCN Office Site A of the KCN PC. This area includes Administrative, Professional, Financial Commercial (APF) uses. The proposed project site is currently improved as a paved surface parking lot with ornamental landscaping and trees, and hardscape area surrounding the existing 9 -story office building. Existing land uses near the site include Administrative, Professional and Financial Commercial (APF), as well as Retail and Service Commercial (RSC), General Industry (IND), and Government, Educational, and Institutional Facilities (GEIF). Nearby uses include the existing 10 -story Fairmont Hotel directly to the northeast and east, the approximately 7 -10 story Radisson Hotel across. MacArthur Boulevard to the northwest, paved surface parking lots to the north and south, and an existing nine -story office building and parking structure to the southeast. South of the proposed project site at the intersection of MacArthur Boulevard and Von Karman Avenue/Newport Place Drive is the Pacific Club, a private members only club with dining and athletic facilities. The proposed project is located approximately 0.5 miles south/southwest of John Wayne Airport (JWA). In addition, the, proposed project is within the boundaries of the Airport Environs Land Use Plan (AELUP) for JWA and subject to all applicable policies and requirements thereof. (Sources: Newport Beach General Plan, Site Plans, Aerial Photograph, Airport Environs Land Use Plan (AEL UP) for JWA, and Site Survey) Koll Company Corporate Headquarters Page 3 -30 Initial Study and APM '} u Environmental Analysis A. Would the project physically divide an established community? No Impact. The proposed project site would encompasses an area of approximately 64,897 square feet located along MacArthur Boulevard, within the Koll Center Newport Planted Community currently developed as a surface parldng lot with associated landscaping. The proposed project involves development of an approximately 21,311 square foot commercial structure above one underground level of parking. No residential uses are located within or immediately surrounding the proposed project site. The proposed project would not extend into or through any residential development. Additionally, the other surrounding land uses, including administrative, professional, financial commercial, and hotel uses would not be affected or divided by the proposed development. Therefore, the proposed project would not divide an established community. (Sources: Newport Beach General Plan, Project Plans, and Site Survey) B. Would the project conflict with any applicable land use plan, policy, or regulation of an agency j 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. The proposed project would involve a general plan amendment, an amendment to the Planned Community text as well as a Use Permit. Each of these areas are discussed in further detail below. Existing General Plan j The current General Plan land use designation on the proposed project site is'Administrative, Professional, Financial (APF). No change in land use designation is proposed by the project. The General Plan Amendment is required to amend the estimated growth for Statistical Area L4 to allow for an additional 24,016 square feet of development within this area. The additional square footage would be transferred from one portion of the Airport Area to the other (KCN Office Site B to KCN Office Site A). The transfer would add to the existing total within KCN Office Site A to 834,201 and reduce the square footage within KCN Office Site B to 1,060,146. The additional square footage proposed by the project would not represent net new square footage within the Airport Area; rather, square footage would be moved within this area. The General Plan identifies policies that are intended to provide for an orderly balance of development within the City. Several of the policies apply to the proposed project. A discussion of the policy as well as the proposed project's conformance to that policy is discussed below. Policy D discusses the control and regulation of new development to insure that public views, natural resources, and the alteration of natural landforms are minimized. As discussed in the Aesthetics section of this document, the proposed project is not located within an area identified as having public views. The proposed site and surrounding area is devoid of natural resources, including biological resources. Lastly, the site has been previously developed as a surface parldng lot, no unique natural landforms exist on the proposed site. The proposed project would conform to the requirements of this policy. Policy F discusses standards for development including landscaping, siting and building design, parking, and other development standards to ensure that the commercial and office projects are aesthetically pleasing and compatible with surrounding land uses. The proposed project is designed to be compatible with the existing uses surrounding the site and would utilize similar materials including glass and stone or stone-like fascia. Additionally, the project proposes a landscaping palette that would match the existing landscaping in and around the site. Koll Company Corporate Headquarters Page 3-33 Initial Study and MND --)S Environmental Analysis The proposed project's increase of square footage within the Airport Area would not result in a conflict with the General Plan. The increase of square footage would result from a transfer of available square footage from one area of the Airport Area to another and would not represent an increase of square footage over what is allowed in the General Plan. As such, the net result of the project would only slightly alter the distribution of allowed square footage but would, not result in new square footage that could result in higher population, housing, or work force projections that could lead to increased traffic trips, decreased air quality or a larger need for public services. Additionally, the proposed project would conform to the two land use policies discussed above and would not conflict with or serve to restrict the other land use policies found in the General Plan. A less than significant impact to the General Plan would result with implementation of the proposed project. Proposed General Plan As discussed above, the City is in the process of updating its General Plan. The land use designation within the GPU for the proposed project site is Mixed Use Horizontal 2 (MU -H2). This designation provides for a horizontal .intermixing of uses that includes regional commercial office, multi - family residential; vertical, mixed -use buildings, industrial, hotel rooms and ancillary neighborhood commercial uses. The uses proposed by the projectmould be compatible with the land use designation of the GPU. Similar to the existing General Plan, the GPU provides Goals and Policies that are intended to provide for an orderly balance of development within the City. Several of the goals and policies apply to the proposed project. A discussion of the policy as well as the proposed project's conformance to that policy are discussed below. Policy LU 4.3 discusses when the transfer of development rights would be acceptable. Generally, the policy seeks to ensure that the transfer of development rights is only between two areas within the same statistical area; that the reduction of development rights from the donor site benefits the City through the improvement of the area's scale and development character and/or reduction of vehicle hips and; the increment of growth to the receiver site complements and is in scale with surrounding development and does not degrade local traffic conditions. As proposed, the project would not be in conflict with this policy. The proposed transfer of development rights would occur completely within the Airport Statistical area; the reduction of allowed development within the donor site would serve to reduce traffic trips (general office uses generate less trips than do restaurant or retail uses (Refer to the Transportation/Circulation discussion below) and; the receiver site would utilize an architectural style compatible with existing development in the area to ensure compatibility and, as discussed in the Transportation/Circulation discussion, would not result in any impacts to the local circulation system. Goal 5.2 and Policy LU 5.2.1 discuss commercial areas within the City and the desire to ensure that these areas are well designed and planned and exhibit a high level of architecture and landscape quality including connection and transitions of buildings, architectural treatment, and on -site landscaping. As discussed above the proposed project would meet the intent of this goal and policy through it's architectural design and landscaping palette. Policy LU 53.6 address parking adequacy and the location of parking. The policy seeks to provide convenient parking while limiting the views of lots. As proposed, the project would adhere to this policy. Parking would be provided in a combination of surface and below -grade lots immediately adjacent to the proposed structure. Additionally, views of the parking lot would be minimized through the placement of parking underground and through the placement of the structure nearest the sidewalk that would serve to shield views. In its existing state, the parking lot is visible from the street with only minimal landscaping disrupting the view. Koll Company Corporate Headquarters Page 3 -34 Initial Study and ARID l) 0 Koll Center Newport Planned Community 0 Environmental u As mentioned above, the proposed project is located within the Koll Center Newport Planned Community (KCN PC). The Plarmed Community text serves as the zoning for the area which it covers. The text identifies the type and intensity of development permitted and also address parking, building size, landscaping, and traffic considerations among other things. The proposed project requires and amendment to the KCN PC text to allow for the transfer of development rights between two areas within the PC. The amendment would be to transfer development rights of 24,016 square feet of unused retail, restaurant and office uses from KCN OS B to KCN OS A. This transfer would occur entirely within the KCN PC and would not result in square footages in excess of what is allowed within this area. The addition of 24,016 square feet of allowable development would be transferred from the allowed development within the KCN PC from KCN OS B to KCN OS A. The proposed Planned Community Amendment would result in a net gain of 24,016 sq. feet within KCN OS A with a net reduction of the same square footage within KCN OS B. However, the proposed project would not utilize the entire 24,016 square feet; only 21,311 square feet would be used by the proposed project. A less than significant impact to the zoning code is anticipated with development of the proposed project. Use Permit In order to transfer the necessary square footages between KCN OS B and KCN OS A, a use permit would be required from the City of Newport Beach, per Section 20.63.080 Transfer of Development Intensity of the City's Zoning Code. Per this section of the Zoning Code, findings must be made in order to approve the Use Permit. Generally speaking, the required findings include: a more efficient use of land, result in a net benefit to the aesthetics of the area, results in structures that are compatible and do not result in abrupt changes in scale within the area, no impairment of public views result, and no significant traffic impacts • result. As discussed throughout this document and within this section, the proposed project would conform to the required findings and would not result in significant impacts. Specifically the project would make efficient use of the available land; would include appropriate architecture, massing and scale so as to retain the aesthetics of the area and ensure compatibility with the existing development in the area; would not interfere with public views as none exist on or adjacent to the site and; would not result in traffic impacts on the local circulation system (refer to the Transportation/Circulation discussion below). Setback requirements for the proposed project area are governed by the Planned Community text for the area. When the PC text is silent on a subject, then deference is made to the City's Municipal Code. Section 20.15.030- Commercial Districts: Property Development Regulations is the appropriate section of the City's Code that is applicable to the proposed project site. The requirements for the site are outlined in Table 34, Project Setback Requirements, below. TABLE 34 PROJECT SETBACK REQUIREMENTS Based on these requirements, the proposed project would meet the required setbacks for the site. As such, • no impact would result. Koll Company Corporate Headquarters Page 3 -35 Initial Study and MND 11 Environmental Analysis Furthermore, the proposed project is within the boundaries of the AELUP for JWA and is subject to all applicable policies and regulations thereof, and specifically, those addressing safety hazards through height restrictions and excessive noise through attenuation measures. The consistency of the proposed project with these policies are discussed in Section 3.7E and 3.11 E, respectively. Based on the analysis presented above, the proposed project would not conflict with the City's General Plan, Zoning Code (PC Text) or any other land use plan or policy governing the site. While the proposed project would introduce new square footage to KCN OS A Where it previously did not exist, the addition would result from a reduction of developable square footage within KCN OS B and would not result in new square footage within the KCN PC. As such, no significant impact to land use plans is anticipated with development of the proposed project. (Sources: Newport Beach General Plan, Project Plans, and Newport Beach City Zoning Code) C.. _ Would., the project confect with any - applicable habitat conservation plan or natural, community conservation plan? No Impact. As discussed in Section 3.4, Biological Resources above, the County of Orange has prepared the Central- Coastal Orange County NCCP. However, the proposed project site is not included within the boundaries of this plan and would, therefore, not conflict with this plan. No impacts to a habitat conservation plan of natural community conservation plan would occur. (Sources: Site Survey, and Newport Beach General Plan, Central - Coastal Orange County NCCP) 3.10 MINERAL RESOURCES According to the Conservation of Natural Resources Element of the City of Newport General Plan, oil deposits represent the only significant extractable mineral resources in the Newport Beach planning area. Oil companies are currently operating oil extraction wells in the unincorporated "County Island ", located in the West Newport area. Since the State Shell- Cunningham Act of 1355 prohibits oil extraction on all State tide and submerged lands from the northerly City limits of Newport Beach to the Mexican Border, the County Island is the only location in the area where oil extraction activities are allowed. There are no mining activities within the City or on the proposed project site. No oil fields or oil wells are present in or near the proposed project area and the proposed project site and adjacent areas are not subject to oil, gas, or mining operations. (Sources: Newport Beach General Plan, USGS Santa Ana Quadrangle and Site Survey) A. Would the project 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? No Impact. The proposed project site is not located in an area where known mineral resources are present. Future development on the site would not affect regionally significant mineral resources since there are no known resources on the site. The proposed project site is also not identified in the Newport Beach General Plan as a mineral resource area. (Sources: Newport Beach General Plan and USGS Laguna Beach Quadrangle) B. Would the project 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? Koff Company Corporate Headquarters Page 3 -36 Initial Study and MND Environmental No Impact. The proposed project site is not identified in the Newport Beach General Plan as a significant mineral resource area. There are no locally important mineral resources on the site, therefore there would not be a loss of availability of mineral resources in the area. Approximately 4,500 cubic yards of dirt would be hauled from the site. The sand, gravel, and other construction materials that would be needed for construction of the proposed project are not expected to represent a significant amount of local resources, when compared to available resources and the cumulative demand for these resources by construction activities in the region. Thus, the demand for sand and gravel resources, as needed for construction, would be considered less than significant. (Sources: USGS Laguna Beach Quadrangle, Site Survey and Newport Beach General Plan) 3.11 NOISE The Noise Element of the Newport Beach General Plan states that the main source of noise within the City is from transportation, which includes noise from traffic on freeways and roadways, water vehicles in the - bay area, and aircraft flights from John Wayne Airport in the City of Santa Ana and the Los Alamitos Army Airfield in the City of Los Alamitos. Other non - transportation noise sources within the City consist of stationary sources such as barhestaurant noise, recreational facilities and residential and other common sources in urban environments. j The proposed project site is located adjacent to MacArthur Boulevard. Nearby uses include John Wayne Airport, commercial/office developments, and a hotel. Noise sources in the proposed project area generally consist of air traffic noise from John Wayne Airport, vehicular traffic noise along MacArthur Boulevard, landscape maintenance, exterior mechanical equipment, and on -site vehicular traffic. The Noise Element of the Newport Beach General Plan specifically addresses noise sensitive land uses such as schools, churches, libraries and residential land uses. According to the noise standards given in the ` General Plan, exterior noise levels near sensitive land uses and residential areas should be 65 CNEL or less and interior noise levels 45 CNEL or less (see Table 3 -5, City of Newport Beach Interior and Exterior Noise Standards, below). Otherwise, noise control measures need to be incorporated into the design and construction of these uses. However, no noise sensitive land uses exist within the project area, As shown in Table 3 -5, office uses must meet an interior noise level of 50 CNEL. Additionally, the City of Newport Beach has adopted a Noise Ordinance, Section 10.28.040 of the City's Municipal Code, which limits construction or demolition work to be conducted between the hours of 7:00 a.m. and 6:30 p.m. on weekdays and on Saturdays between the hours of 8:00 a.m. and 6:00 p.m. Construction activities are not permitted on Sundays and holidays within the City. (Sources: Site Survey, Newport Beach Noise Ordinance, and Newport Beach General Plan) Koll Company Corporate Headquarters Page 3 -37 Initial Study and MN➢ 0 0 Environmental • TABLE 3 -5 CITY OF NEWPORT BEACH INTERIOR AND EXTERIOR NOISE STANDARDS 0 C� J Categories Uses Interior Exterior Residential S. le Family, Two Family, Multiple Famil ---T5'- 5 55 65 Mobile Home — 65 Commercial 0 M otel, Transient Lo 45 65 Industrial omercial Retail Bank Restaurant �Homl 55 — Institutional ffice Building, Research and Development, 50 — Pro£essional Offices, City Office Building Amphitheater, Concert Hall, Auditorium, 45 — Meeting Hall Gymnasium (Multipurpose) 50 — Sports Club 55 -- Manufacturing, Warehousing, Wholesale, 65 - - Utilities Movie Theaters 45 — Institutional Hospital, Schools' Classroom 45 65 Church, Library 45 — en Space I Parks — 65 Interpretation I. Indoor environment secluding: Bathrooms, toilets, closets, corridors. 2. Outdoor environment limited to: private yard of single family, multi- family private patio or balcony which is served by a means of exit from inside, mobile hoax park, hospital patio, park's picnic area, school's playground, hotel and motel recreation area. 3. Noise level requirement with closed windows. Mechanical ventilating system or other means of natural ventilation shall be provided as of Chapter 12, Section 1205 of UBC. 4. Noiselevel requirements with open windows, if they are used to meet natural ventilation requirement 5. Exterior noise level should be such that interior noise level will not exceed 45 CNEL. 6. Exe t those areas around the irpott within the 65 CNEL contour. Source: City of Newport Beach A. Would the project result in 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? Less than Significant Impact with Mitigation. Implementation of the proposed project would result in short- term construction - related noise increases. Additionally, long -term increased noise levels could result from the introduction of office uses and associated vehicle traffic along the adjacent roadways. Construction Noise During construction, temporary noise impacts would occur from grading, equipment operations, and other construction activities. Temporary construction noise impacts would vary in noise level according to the type of construction equipment and its activity level. Noise from scrapers, jackhammers, pavers, and other types of construction equipment may range from 75 to 100 dBA at 50 feet from the source. Typical operating cycles may involve one to two minutes of full power operation followed by three or four minutes at a lower power. Construction noise would occur on a short -term and temporary basis during the construction phase. In compliance with the City's noise ordinance, the proposed project would follow the mitigation measure discussed below to reduce potential construction noise impacts. Thus, noise from the construction activities on the site would be confined to the daytime hours, when noise sensitivity is less. Koll Company Corporate Headquarters Page 3 -38 Initial Study and MVD Uj V Environmental Analysis M#igation The following measure is recommended to reduce construction noise impacts: Mitigation Measure 3.11 -1: Construction activities shall be confined to the hours of 7-00 a.m. and 6:30 p.m. on weekdays and on Saturdays between the hours of 8:00 a.m. and 6:00 p.m. Traffic Noise The proposed project would lead to a slight increase in vehicle traffic noise sources at the subject site and along surrounding roadways. The increase in vehicles to and from the site is not expected to lead to a significant increase in the noise levels in the proposed project area. A change in the noise environment that differs by less than 3.0 dB between the existing and post - project exposure may not be distinguished by many people. Exceeding a 3.0-dB threshold from automobile traffic typically requires a doubling of traffic volumes on any individual roadway link. Few projects in already developed areas cause traffic volumes to double. As previously stated, MacArthur Boulevard is designated as a Major Arterial Roadway. According to the City of Newport Beach General Plan Transportation Element, Major Arterial Roadways have a capacity to carry approximately 45,000 to 67,000 average daily trips (ADT). Assuming the existing number of ADT on MacArthur Boulevard is approximately one half its designated capacity (23,000 trips), the proposed project would have to generate 23,000 trips to double ADT on the roadway, which in turn would cause a noise increase in excess of 3.0 -dB. Based on the City's Traffic Generation rate for commercial/office land uses (14.03 ADT /1000 square feet), the proposed project would add approximately 299 daily vehicle trips. Therefore, the trips generated by the proposed project would not be sufficient to increase traffic noise levels by more than 3.0 -dB. Thus, the proposed project's traffic related noise impacts are considered less than significant. Stationary Noise . The proposed project includes the development of 21,311 square feet of office space. Although there is no standard for exterior noise on an office building, associated office activities would not generate noise levels that would exceed 65 dBA in CNEL. There are no sensitive receptors in the vicinity of proposed project site, and no significant adverse noise impacts would occur with the proposed project. (Sources: Newport Beach General Plan, Site Survey, Newport Beach Municipal Code and Project Plans) B. Would the project result in the exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? Less than Significant Impact with Mitigation. Temporary noise sources would be generated as a result of the construction activities for the office development. Temporary conduction activities would create noises from construction equipment and vibration from excavation and grading activities. Temporary constmction noise impacts would vary in noise level according to the type of construction equipment and its activity level. Short- term conduction noise impacts tend to occur in separate phases, with large, earth - moving equipment generating greater noise and finish construction activities and equipment generating less noise. Noise levels from construction equipment range from 75 to 100 dBA at 50 feet from the noise source. As discussed above, construction activities would have to comply with the construction time limits (7 AM to 6:30 PM on weekdays and 8 AM to 6 PM on Saturday) set by the City's Noise Ordinance. In order to further ensure that potential noise impacts are below a level of significance, the following mitigation measures are recommended. Koll Company Corporate Headquarters Page 3 -39 Initial Study and MND b) Environmental Mitigation Mitigation Measure 3.11 -2: Equipment mufflers for construction equipment shall be used at all times. Mitigation Measure 3.11 -3: Idling of construction vehicles and equipment shall be limited to the extent feasible. Construction vehicles and equipment shall be properly operated and maintained and shall be turned off when not in use. Compliance with the City's Noise Ordinance and implementation of the mitigation measures outlined above would reduce potential noise impacts on sensitive noise receptors to less than significant levels. (Sources: Site Survey, Newport Beach General Plan, Project Plans, Newport Beach Municipal Code) C. Would the project result in a substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? Less than Significant Impact with Mitigation. Increased long -term noise levels would result from the proposed development and resulting traffic volumes along the adjacent roadways. During construction, noise impacts would occur from grading, equipment operations, and other construction activities. Noise from scrapers, jackhammers, pavers, and other types of construction equipment may.range from 75 to 100 dBA at 50 feet from the source. Typical operating cycles may involve one to two minutes of full power operation followed by three or four minutes at a lower power. Construction noise would occur on a short-term and temporary p racy basis, when development is under construction. As discussed in Mitigation Measure 3.11 -1, construction activities would be confined to the designated daytime hours, 7 AM to 6:30 PM on weekdays and 8 AM to 6 PM on Saturday, and would comply with the noise regulations of the City of Newport Beach. Thus, noise from the construction activities on the site would be confined to the daytime hours, when noise sensitivity is less. Inclusion of this mitigation measure would be reduced to less than significant levels. Buildout of the proposed project site would add approximately 50 employees who would perceive noise at the site. Future traffic volume increases along adjacent roadways would result in higher noise levels at the proposed project site and in the adjacent area. However, the proposed project is not expected to generate significant noise increases ( +3.0 dB) from increased traffic volumes. No sensitive receptors exist near the proposed project site and no land uses would be exposed to noise levels in excess of the City's standards. (Sources: Site Survey, Project Plans, and Nexport Beach General Plan) D. Would the project result in a substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Less than Significant Impact. The proposed office development would lead to a permanent increase in ambient noise levels in the vicinity of the proposed project area. Sources of noise introduced by the proposed project are limited to vehicles along the surrounding roadways. Stationary noise generated by on -site office activities would be intermittent and are not expected to exceed the noise thresholds established by the City of Newport Beach. Therefore, the proposed project is not expected to result in a substantial temporary or periodic increase in ambient noise levels in the proposed project vicinity. Kali Company Corporate Headquarters Initial Study and MNA Page 3-40 Me Environmental Noise impacts associated with construction activities at the proposed project site could result in adverse • impacts to adjacent land uses, as discussed above. Compliance with existing noise regulations of the City of Newport Beach and the mitigation measures outlined above would ensure that construction noise impacts would not be significant. (Sources: Project Plans, Newport Beach Municipal Code, and Site Survey) 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? Less than Significant Impact. The proposed project is located within the Airport Influence Area for the John Wayne Airport in the City of Santa Ana. The project is approximately' /4 -mile southeast of the Airport property boundary line. Within this zone, the height of project is restricted to 200 feet or less to ensure the safety of air traffic and ground structures. Because the project is proposed to be 40 feet in height, it will not conflict with design regulations mandated by the Airport Environs Land Use Plan (AELUP). The ` proposed project lies within-the 60 dBA•in CNEL, but outside of the 65 dBA in CNEL, contours generated from airport traffic. With standard building design guidelines, the proposed project will keep interior noise levels generated from air traffic at a level that is less than significant. Furthermore, as the project will not affect aircraft or airport operations, there will be no increase in the exposure of people in the area to noise levels associated with these sources. Sources: Site Survey, Airport Land Use Commission, and Thomas Guide for Los Angeles and Orange Counties) 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. There are no private airports, which generate aircraft noise, located within the vicinity of the proposed project site. The nearest private airport is the Los Alamitos Army Airfield in the City of Los Alamitos (approximately 15 miles to the northwest). The noise contours of the Los Alamitos Army Airfield do not extend into the City or the proposed project site. The proposed project would not lead to or increase the exposure of people in the area to noise levels associated with aircraft and airport operations (Sources: Site Survey and Thomas Guide for Los Angeles and Orange Counties) 3.12 POPULATION AND HOUSING The City of Newport Beach had a January 2006 population of approximately 83,400 residents. The City's population growth can be attributed to a trend of multi- family residential development, which has added housing stock and residents to the City. The California Department of Finance population estimates for the County of Orange and the City of Newport Beach are provided in Table 3-6, Population Growth. TABLE 3-6 POPULATION GROWTH 1980 62,556 2.4 % 1,932,709 3.1% 1990 66,643 0.6% 2,410,556 2.2% 2000 70,032 0.5 % 2,846,289 1.7% 2005 82,800 3.4% 3,047,100 1.4% • 2006 83,400 0.6% 3,072,300 0.8% Source: Califomia D aranent of Finance Koll Company Corporate Headquarters Page 3-41 Initial Srudy and AND V5 r • Housing E Environmental Coupled with the population growth of the City is the increase in its housing stock. From 1990 to 2000, the City's housing stock increased from 30,860 units to a total of 37,288 units, a 172 percent increase from 1990. The City's 2004 housing stock is estimated at 41,851 units, and the vacancy rate is approximately 11.1 percent. Projections SCAG has developed regional projections for growth by city in the region. These projections are provided in Table 3 -7, Regional Projections. As shown, the City of Newport Beach is expected to have 92,365 residents, 41,345 housing units, and 77,698 jobs by the year 2020. TABLE 3-7 REGIONAL PROJECTIONS (Sources: U. S. Census, SCAG, California Department of Finance Estimates and Newport Beach General Plan Housing Element) (• A. Would the project 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 proposes a two -story office development and will serve as a corporate headquarters employing approximately 50 persons. Employees are currently working in Newport Beach, therefore no immediate local or regional growth in population or employment will occur. No major infrastructure is needed to serve the proposed project. Therefore, the population growth resulting from the proposed project is not expected to result in a significant impact. (Sources: Newport Beach General Plan, California Department of Finance and Site Survey) B. Would the project displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? No Impact. The proposed project would not result in the displacement of any existing housing. The proposed two -story office development, subterranean parking areas, and surface parking and landscaping will replace an existing on -site surface parking area. No housing units or other building structures presently occur on the site. Therefore, no displacement of existing housing would occur with proposed project implementation. (Sources: Project Plans, Newport Beach General Plan, and Site Survey) C. Would the project displace substantial numbers of people, necessitating the construction of • replacement housing elsewhere? Koll Company Corporate Headquarters Initial Study and MND Page 3-41 �y Env1mnrnental Analysis No Impact.,The proposed project would not result in the displacement of people. Existing on -site development includes a surface parking area and no developed structures. No households are currently present on the site, and no persons would be displaced by the proposed project. (Sources: Project Plans, Newport Beach General Plan, and Site Survey) 3.13 PUBLIC SERVICES Fire protection services in the City of Newport Beach are provided by the Newport Beach Fire Department (NBFD). The nearest fire station to the proposed project area is Fire Station 7, located at 2301 Zenith Avenue, or approximately 1.2 miles south of the proposed project location. Newport Beach currently has eight fire stations staffed with 110 firefighters and paramedics, with three paramedic ambulances, eight fire engines and 2 ladder trucks. Response time in the City average approximately five minutes or less. The Newport Beach Police Department provides Law enforcement services for the City of Newport Beach The-Police Department headquarters is - located at 870 Santa Barbara-Drive, at the intersection of Santa Barbara Drive and Jamboree Road, approximately 3.3 miles south of the proposed project site. The Newport Beach Police Department currently has 280 full -time employees, of which 150 are frill -time police officers; however this number fluctuates regularly (148 officers are budgeted). The City has adopted a service standard of two sworn police officers per thousand residents. Emergency response times in the City. average approximately five minutes from the time the call is placed. The proposed project area is located within the service boundaries of the Newport-Mesa Unified School District. The District covers 58.83 square miles and includes the cities of Newport Beach and Costa Mesa as well as other unincorporated areas. The Newport-Mesa Unified School District currently serves 22,477 students and has twenty -two elementary schools, two intermediate schools, four high schools (one of these high schools includes middle school grades), one alternative education center, and one adult education center within the City of Newport Beach Library service is provided by the Newport Beach Public Library system. The Newport Beach Public Library system consists of four libraries in the City of Newport Beach which include the Central Library, the Balboa Branch, the Mariners Branch and the Corona del Mar Branch. The Central Library is nearest to the proposed project and is located at 1000 Avocado Avenue, approximately 4.5 miles south of the proposed project site. (Sources: Newport -Mesa Unified School District, Newport Beach Fire Department, Newport Beach Police Department, Site Survey, Thomas Guide for Los Angeles and Orange Counties, and Newport Beach General Plan). 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 in terms of fire protection? Less than Significant Impact. The 2 -story office development on the proposed project site would result in increases in the on -site employment population and the introduction of new structures in the area, generating a demand for fire protection services. However, the increase in population would not be substantial (approximately 50 employees) and would not require the expansion of fire protection services. The site is located in an area that is currently served by the City of Newport Beach Fire Department and the Koll Company Corporate Headquarters Page 3 -43 Initial Study and BIND 00 g Environmental Ana"s addition of a 2 -story office building would not cause service levels or response times to decrease to unacceptable levels. The proposed project's impacts to fire service would be less than significant. Building and site plan review of the proposed project plans would be conducted by the NBFD in order to review the proposed project's compliance with fire safety and emergency access standards. The Fire Department would also identify additional development features, which could reduce demand for fire services, prevent the creation of fire hazards, and facilitate emergency response to the proposed project site. These would include provision of adequate fire access, fire lanes, fire alarm systems, sprinkler systems, adequate fire flows at nearby fire hydrants, and construction of structures to withstand fires, etc. Compliance with building standards relating to fire prevention, emergency access, fire safety, and emergency response standards would prevent any adverse impacts on fire protection services from the proposed developments on the site. (Sources: Site Survey and Project Plans) B. -- Would the project result 3n- 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 in terms of police protection? Less than Significant Impact. The 2-story office development on the proposed project site would result in increases in the on -site population, structures, and vehicle trips in the area, generating a demand for law enforcement and police protection services. The projected increase of 299 daily vehicle trips -would result in greater potential for vehicular accidents and the resulting demand for police services. Future employees and users would create a demand for police services, associated with the incidence of property crimes and personal crimes on the site. The need for police protection would be dependent on complex variables such as presence of crime elements, attraction of development to criminals, security measures, perceived public safety, service demand in other areas of the City, and other factors. The Newport Beach Police Department currently has a ratio of 2 sworn personnel per thousand population. The 50 persons expected with the office building on the site would create a demand for 0.1 police personnel in the City. Therefore the proposed project would not require an increase in police officers to serve the area. Because the proposed project location is on a site currently developed and fully served by police protection services, the project is not expected to result in significant adverse impacts on police protection services. (Sources: Newport Beach Police Department, City of Newport Beach, Site Survey and Project Plans) C. 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 in terms of school services? No Impact. The proposed project does not provide permanent housing and would therefore not require an increase in the provision of school services. No new school would be required if the project were approved, because no increase in population or school -age children would occur. No impact to school services is expected with proposed project implementation. (Sources: Project Plans, Site Survey, Newport Beach Municipal Code and Newport Beach General Plan) Koll Company Corporate Headquarters Page 3.44 Initial Study and MND to o Environmental Analysis D. 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 in terms of parks? No Impact. The proposed project does not provide permanent housing and would therefore not require an increase in the provision of parks and recreation services. No new park or community facilities would be required if the project were approved, because no increase in population would occur. Because the proposed users of the building are currently employed elsewhere in the City of Newport Beach, there would be no net increase to the employment population of the City and therefore no significant adverse impacts on existing and future parks and recreational facilities are expected in compliance with City regulations for park provision and payment of park development fees. (Sources: Project Plans, Site Survey, Newport Beach Municipal Code and Newport Beach General Plan) E. 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 in terms of other public facilities? Less than Significant Impact. Development on the proposed project site would result in increases in the on- site population creating a demand for medical and emergency services. Hoag Memorial Hospital is located approximately 4.3 miles west of the proposed project site and could serve the emergency medical needs of the proposed development on-site. Additionally, there are other medical services and hospitals in the area to serve the medical needs of the on -site population. Since medical services are generally provided based on demand, no adverse impacts on medical services are expected. The proposed office development would not result in an increase in a demand for library services. (Sources: Project Plans, Newport Beach Public Library, Newport Beach General Plan, and Site Survey) 3.14 RECREATION The City of Newport Beach provides recreational services through beach and harbor facilities, city parks, trails, sports facilities, community pool facilities, recreational programs, and organized activities. In 1998, the Recreation and Open Space Element of the Newport Beach General Plan designated a total of 219 acres, of parks and recreational facilities within the City, which includes numerous park facilities, select beach/coastal areas, community centers, sports fields and gymnasiums. In addition; approximately 4,553' acres (35.7 percent of the City) are designated open space within the City including the Upper Newport Bay Ecological Preserve, beaches, the bay/harbor, canyons and bluff areas (plus an undetermined area of ocean water open space). The nearest parks to the proposed project site are Bonita Creek Park and Upper Newport Bay Regional Park, located approximately 1.5 miles south of the proposed project site. Several country clubs and golf courses are within a 5 -mile radius though are privately owned and are not regulated by the City of Newport Beach. (Sources: Site Survey, Thomas Guide for Las Angeles and Orange Counties, and Newport Beach General ,Plan) KoU Company Corporate Headquarters - Page 3-45 Initial Study and MND Environmental 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? No Impact. The office development would not have a direct demand for parks or recreational facilities. The users may or may not use beach and harbor facilities, parks and recreational facilities in nearby areas; that the proposed employees are currently employed in Newport Beach would suggest that a net demand on local parks and recreational facilities will not change. No significant adverse impacts on existing and future parks and recreational facilities are expected with compliance with City regulations for park provision and payment of park development fees. As previously discussed, the Newport Beach General Plan establishes a parkland ratio of five acres per thousand residents. Based on the 5-acre standard, the City's has adopted a regulation for paymentof a fee or dedication of land for park and recreation facilities in accordance with the Quimby Act. The proposed project does not provide for any open space, however because the existing conditions are a surface parking lot, there is no net loss of open space. Because the proposed,project doffs not include permanent housing, it is not subject to any requirement of the provision of open space or any payment of park development fees. (Sources: Site Survey, City of Newport Beach Recreation and Senior Services Department and Newport Beach General Plan) 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? No Impact The proposed project does not provide open space nor recreational areas, though with no increased demand as previously discussed, there is no requirement for the provision of recreational facilities. There will be no adverse physical effect on the environment due to recreational facility construction. (Sources: Site Survey, Project Plans, and Newport Beach General Plan) 3.15 TRANSPORTATION/TRAFFIC The proposed project site is located along the eastern side of MacArthur Boulevard between Birch Street and Von Karman Avenue. MacArthur Boulevard is classified as a Major Arterial in the City of Newport Beach General Plan Update Circulation Element, that provides six travel lanes near the proposed project site (three north and three south) and access to the project site via an on -site driveway across from Corinthian Way. Birch Street and Von Karman Avenue are currently designated as Secondary and Primary Roads, respectively, in the City of Newport Beach General Plan Update Circulation Element. Both streets provides four travel lanes in the proposed project vicinity. There is no signal at the access point to the proposed project site off MacArthur Boulevard, there is, however, a dedicated left turn lane for southbound traffic. Right turns are permitted onto the site for northbound traffic, however, there is no dedicated turn lane. The City of Newport Beach relies on its Traffic Phasing Ordinance (FPO) (Section 15.40 of the Municipal Code) to account for anticipated traffic generation by projects and to determine whether proposed projects require a traffic impact analysis. The TPO states that projects that generate less than 300 trips per day are exempt from the preparation of a traffic impact analysis. Based on the City's traffic analysis model the proposed project would generate 299 trips per day and would, therefore, be exempt from the preparation of a traffic impact analysis. (Sources: Newport Beach General Plan Update Circulation Element and Traffic Phasing Ordinance) Koll Company Corporate Headquarters Initial Study and AND MO. Environmental A. Would the project 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: The proposed project would result in an incremental increase in the number of vehicle trips to and from the proposed project site. Using the City's generation rate for General Office uses of 14.03 trips per thousand square feet of development, the proposed project would generate 299 trips (14.03 x 21,311 sq. ft.). This minimal number of project - generated. trips is under the City's threshold of trips (300 ADT) requiring a project - specific traffic study (Traffic Phasing Ordinance (TPO) Study). The City maintains that projects that generate fewer than 300 trips would have a negligible impact on the overall circulation system. As such, a less than significant impact with regard to traffic and load and street capacity would result with implementation of the proposed project. (Source: Newport Beach General Plan Update Circulation Element and Traffic Phasing Ordinance) B. Would the project exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? Less than Significant Impact. The City has indicated that project's generating fewer than 300 trips would result in negligible impacts on intersections, and as such would contribute less than a one percent increase in project traffic at potentially affected intersections. Thus, no significant impacts would occur and no mitigation measures are necessary. (Source: Transportation Phasing Ordinance and City of Newport Beach Municipal Code) C. Would the project result in a change in air traffic patterus, including either an increase in traffic levels or a change in location that results in substantial safety risks? No Impact. As discussed above, the proposed project site is located approximately 0.5 miles south/southeast of John Wayne Airport (JWA) and within the adopted Airport Environs Land Use Plan (AELUP) for JWA. Specifically, the proposed project site is within the Height Restriction Zone for JWA, which sets various height limits for structures within a 20,000 foot radius of JWA in order to avoid adverse affects to the airport. The proposed project penetrates the 100 to 1 slope for a horizontal distance of 20,000 feet from the near point of the nearest runway of JWA described in FAA Part 77.13 — Objects Affecting Navigable Airspace. Thus, construction of the proposed project could result in potential safety hazards for people residing or working in the project area if compliance with the above - mentioned height requirements does not occur. This potentially significant impact is mitigated in the Hazards and Hazardous Materials section above. No alterations to vehicular traffic related to the airport are expected with development of the proposed project. (Sources: Thomas Guide for Los Angeles and Orange Counties, Newport Beach General Plan, JWA Airport EnvironsLand Use Plan) D. Would the project substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e g., farm equipment)? No Impact. The proposed project site currently has access to MacArthur Boulevard from an existing easterly driveway. No changes to the on -site circulation are proposed and only minor reconfigurations of on -site surface parking would result from implementation of the proposed project. No alterations to the existing circulation system surrounding the.project site are proposed. Thus, no traffic related hazards or incompatible uses would be introduced by the proposed project. (Sources: Project Platys and site survey) Koll Company Corporate Headquarters Page 3 -47 Initial Study and MND Envimntnental Anslysis E. Would the project result in inadequate emergency access? No Impact. As discussed above, no alteration to either on -site or off -site circulation systems are proposed for the project. Adequate emergency vehicle access would continue to be provided by MacArthur Boulevard for land uses on and new the site. During construction, MacArthur Boulevard would remain open and unimpeded to all vehicles, including emergency vehicles. Thus, construction of the proposed facility would not affect emergency access to the area. Upon completion of construction, operational access and emergency access to the site would continue to be available through the proposed project driveways along macArthur. Implementation of the proposed project is not expected to result in inadequate emergency access. (Sources: Project Plans and Site Survey) F. Would the project result in inadequate parking capacity? Less than Significant Impact with Mitigation. Within the proposed project area, there are a total of 98 existing surface parking spaces. The development of a 21,311 square foot office structure would require the addition of approximately 68 parking spaces. Parking for the proposed project site is governed by the KCN PC, Currently, KCN OS A is required to provide for 1,224 parking spaces; however, a total of 1,314 spaces exists (a surplus of 90 spaces). The proposed development would result in the need for an additional 69 spaces bringing the overall required parking level to 1,293 spaces. Upon project completion, the overall parking space total would be 1,335 spaces, a surplus of 42 spaces over what is required (1,293 spaces). Development of the proposed project would result in the temporary loss of 98 spaces. The loss of parking would be short -term in nature and is not considered a significant impact based upon the exiting surplus of 90 .parking spaces. The proposed project complies with the on -site parking requirements and therefore would not result in parking deficiency. To ensure that all City requirements for parking areas on -site are met, the following_ improvements are recommended from the Traffic Impact Analysis. Mitigation Mitigation Measure 3.15 -1: The parking design shall meet all City requirements regarding parking stall width, parking stall depth, parking aisle grade, and parking aisle - turning radii. (Sources: Project Plans and City of Newport Beach Municipal Code) G. Would the project conflict with adopted policies, plans, or programs supporting alternative transportation (e g., has turnouts, bicycle racks)? No Impact. The proposed project would not conflict with any adopted policies, plans or programs relating to alternative transportation. As discussed above, no alterations to interior or exterior circulation systems are proposed and as such, no alteration to existing bus turnouts would result. Development of the proposed project may lead to an increase in the use of public transportation services to and from the site by workers and guests of the site. Buses currently run along MacArthur Boulevard and can be utilized to reach the site. The potential for increased bus ridership would result in better utilization of public transportation and would not adversely affect those services. Implementation of the proposed project would not conflict with adopted policies, plans, or programs supporting alternative transportation. (Sources: Site Survey) Koll Company Corporate Headquarters Page 3-48 Initial Study and AND �U Environmental Analysis 3.16 UTILITIES AND SERVICE SYSTEMS Water Service Water services to the City of Newport Beach, are provided by the City of Newport Beach Utility Department, Irvine Ranch Water District, or the Mesa Consolidated Water District. The proposed project site would be served by the Irvine Ranch Water District (IRWD). Groundwater from the Orange County Groundwater basin, operated by the Orange County Water District (OCWD), is the primary water supply source for the area, supplying approximately 64% of the City's water demand. The remaining 36% is purchased from the Municipal Water District of Orange County (MWDOC), a sub- agency of the Metropolitan Water District (MWD). According to the IRWD 2005 Urban Water Management Plan, potable water is pumped from the Dyer Road Well Field located in the City of Santa Ana and conveyed to the IRWD distribution system via a transmission main, and then out to service sites. Solid Waste The City of Newport Beach does not provide solid waste disposal services within the City. However, the City of Newport Beach General Services Department provides a list of solid waste haulers which are licensed and franchised with the City. Collected solid wastes from the City are brought to one of the five Material Recovery Facilities (MRF) within the County, where the refuse is collected and sent to a landfill. Orange County's Integrated Waste Management Division owns and operates the three active landfills, (Bowerman Landfill, Olinda Alpha Landfill, and Prima Deschecha Landfill) as well as four household r - hazardous waste collection centers (HHWCC) within Orange County. Solid waste from all Orange County cities, including the City of Newport Beach, is taken to one of the three landfills. Orange County's three . existing landfills have permitted capacity through 2035. The landfill that serves the City and the proposed project site is Bowerman Landfill, located at 11002 Bee Canyon Access Road in the City of Irvine. The Bowerman Landfill is a Class III landfill and is permitted to receive a daily maximum of no more than 8,500 tons per day. Class III landfills do not accept hazardous or liquid waste. Hazardous waste is taken to the local HHWCC. The Bowerman landfill opened in 1990 and is scheduled to close in approximately 2022. The Integrated Waste Management Department is currently conducting a study that may extend the. life and disposal capacity of the landfill. Sewer Service Sewage generated within the majority of the City of Newport Beach is collected and conveyed by.the City's local sewer lines and the regional sewer trunks of the Orange County Sanitation District (OCSD) for treatment, reclamation, and disposal. The District owns and operates two treatment plants, Treatment Plan No. I in Fountain Valley and Treatment Plan No. 2 located in Huntington Beach. While the treatment levels at these plants meet all current State and Federal requirements, the District is currently planing to upgrade both of the treatment plants to meet treatment standards for projected 2020 effluent flow. The plan includes the rehabilitation and upgrade of the existing facilities. The City, including the proposed project site, is served by the Huntington Beach treatment plant. The Huntington Beach plant currently has an operating capacity of 340 million gallons per day. Electrical Power and Gas Service The City of Newport Beach is served by Southern California Gas Company for natural gas services and by the Southern California Edison Company for electrical power services. There are no overhead utility lines adjacent to the proposed project site or in the surrounding area. Kall Company Corporate Headquarters Page 3-49 Initial Study and MND 1 Environmental Analysts (Sources: Newport Beach. General Plan, City of Newport Beach, City of Newport Beach 2000 Urban Water Management Plan, Orange County Integrated Waste Management Division, Project Plans and Site Survey) A. Would the project exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? Less Than Significant Impact. Wastewater generated by the proposed development would be disposed into the sewer system and would not exceed wastewater treatment standards of the Regional Water Quality Control Board. As discussed above, effluent would be treated at Treatment Plant Nos. 1 and 2. These facilities meet RWQCB standards for sewage treatment. Wastewater from office uses is not expected to violate the standards of the RWQCB. Less than significant impacts are expected. (Sources: Site Survey and Project Plans) B. Would the project 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? Less than Significant Impact. Water demand is estimated at 16.25 gallons per employee per day or a total of 813 gallons per day for the proposed residential development. Sewage generation is estimated at 13 gallons per employee per day or a total of 650 gallons per day for the entire proposed project. To provide water and sewer services to the site, the proposed project would connect to existing infrastructure located in MacArthur Boulevard, Von Karman Avenue and in the vicinity of the site. The existing infrastructure for water service includes a water main that runs along MacArthur Boulevard. To provide sewer services to the site, the proposed project would also utilize existing infrastructure in MacArthur Boulevard. An existing sewer line runs along MacArthur Boulevard, Von Karman Avenue and other roads in the vicinity of the site. The existing infrastructure would provide adequate water and sewer services to serve the proposed project Connection and service fees would also be paid by development to obtain sewer and water services. No significant adverse impacts in terns of water and wastewater services are expected. (Sources: Project Plans, APA Planning and Urban Design Standards and City of Newport Beach Utilities Department) C. Would the project 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. The proposed project site is currently a surface parlang lot which is mostly impervious. Implementation of the proposed project would not change the amount of impervious surfaces, such as structures, roadways, driveways and pathways that would change runoff patterns on -site. Runoff from the site would continue to be conveyed along curbs and gutters, and directed into the existing storm drain system in MacArthur Boulevard. In addition, drainage from the landscaped areas would be collected in area drains proposed on -site. Changes in drainage patterns would be internal to the site and would not affect drainage flows in the surrounding area or impact existing facilities. Exising storm drainage facilities would be able to accommodate the proposed development and are expected to adequately handle runoff from the subject site without the creation of flood hazards. Additionally, proposed project design features including curbs, gutters and on-site grades would direct flows to the existing facilities. Koll Company Corporate Headquarters Page 3 -SO Initial Study and MND 0 0 Environmental No impact associated with the construction of new storm water drainage facilities or expansion of existing facilities would occur. (Sources: Project Plans, USGS Laguna Beach Quadrangle, and Site Survey) D. Would the project have sufficient water supplies available from existing entitlements and resources, or are new or expanded entitlements needed? Less than Significant Impact with Mitigation. The proposed project would require additional water supplies provided by groundwater from the Orange County groundwater basin and purchased water from the MWDOC water supply. The current and future water supply projections for the City of Newport Beach through 2020 are shown in Table 3 -8, Current and Projected Water Supplies. The future supply projection assumes that the city will continue to produce groundwater and purchase local water. Table 3 -8 Current and Projected Water Supplies (AFY) Purchased from MWDOC 6404 5758 6157 6362 Ground Water 11927 13590 14921 14778 Recycled 317 444 478 500 Supply Total 18648 19792 21556 21640 Demand Total 18648 19792 21556 21640 Source: City of Newport Beach Cr eral Plan Update 2006 Draft EIR Future water demand for the City of Newport Beach would continue to be supplied by the Orange County groundwater basin as well as purchased from the MWDOC water supply through the year 2010 and is expected to meet any future water demands in the City including the proposed project site. No impacts to water supply would occur with implementation of the proposed project. The City of Newport Beach purchases recycled water from the MWDOC through a program called the Green Acres Project. The City annually purchases between 300 and 800 acre -feet a year. Recycled water in the City is mainly used by golf courses, and other landscaped areas. The Green Acres Project has the capability to deliver up to 1,000 acre -feet per year. Mitigation While adequate water supplies would be available to serve the proposed project site, the implementation of water conservation measures suggested by the City of Newport Beach, would reduce demand for groundwater, surface water and imported water supplies. These water conservation measures include: Mitigation Measure 3.16 -1: New landscaping shall incorporate drought - tolerant plant materials and drip irrigation systems, wherever possible. Mitigation Measure 3.16 -2: Water leaving the user's property due to over - irrigation of landscape, should be minimal. If an incident such as this is reported, a customer service representative will visit the location, investigate, inform landowner if possible, leave a note and in some cases shut -off the water. • • • Koll Company Corporate Headquarters Page 3 -51 InitW Study and MND r Environmental Analysts Mitigation Measure 3.16 -3: Watering should be done during the early morning or evening hours to minimize evaporation (between 4:00 p.m. and 9:00 a.m, the following morning). Mitigation Measure 3.164: All leaks are investigated and repaired. Mitigation Measure 3.16 -5: Water should not be used to clean paved surfaces, such as sidewalks, driveways, parking areas, etc., except to alleviate immediate safety or sanitation hazards. Mitigation Measure 3.16 -6: Reclaimed water shall be used wherever available, assuming it is economically feasible. Mitigation Measure 3.16 -7: Installation of Ultra -Low Flush Toilets (ULFT) in the development. While the proposed project would create an increased demand for water resources in the City, local and regional water supplies have adequate capacities to serve the proposed development on -site. With t - implementation of the suggested water conservation measures to - fmther- reduce water use on -site, no. - significant adverse impact on the existing water system would occur with proposed project implementation and no adverse impacts on available water supply are expected. (Sources: Site Survey, Project Plans, and City of Newport Beach Utilities Department) E. Would the project 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? Less than Significant Impact. Sewer service would be required to serve the proposed development. The proposed project site would be served by Treatment Plan No. 2 located in the City of Huntington Beach. Assuming that wastewater generation is 13 gallons per employee per day, the proposed project is expected to generate approximately 650 gallons of wastewater per day. The treatment plant has a design capacity of 340 million gallons per day (mgd) and currently operates at 240 mgd. Therefore, this increase in the amount of wastewater created fixem the proposed project is not expected to result in adverse impacts to existing sewer treatment capacity Treatment Plant No. 2. The projected wastewater treatment demand of the proposed project is not expected to result in a significant impact to the provider and would not significantly impact available capacity. (Sources: Project Plans, APA Planning and Urban Design Standards and Newport Beach General Plan) F. Would the project be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? Less than Significant Impact. According to the Orange County Integrated Waste Management Division, office developments generate approximately 10 pounds of solid waste per 1000 square feet per day. Thus, the proposed office development would generate approximately 214 pounds of solid waste per day. Solid waste generated at the site would require disposal at Bowerman Landfill. Bowerman landfill has a capacity to receive a maximum of 8,500 tons of solid waste per day. If its daily tonnage limit is reached, waste is diverted to Prima Deschecha Landfill in San Juan Capistrano. Prima Deschecha Landfill has a capacity to receive 4,000 tons of solid waste per day. Bowerman Landfill has capacity to serve the site until 2022 and Prima Deschecha has adequate capacity to serve the diverted waste, if needed, until 2067. The office development would be required to participate in City-wide recycling programs and household hazardous waste disposal to reduce demands for landfill space and prevent land or water contamination Koll Company Corporate Headquarters Page 3 -52 Initial Study and WD Environmental Analysis from hazardous wastes. The City of Newport Beach recycles approximately 25% of its waste at the five Material Recovery Facilities (MRF) operated by the County. By using this rate, the proposed project would only generate approximately 161 pounds of solid waste per day that would require disposal at county landfills. Thus, the proposed project would be adequately served by county landfills. No significant. impact on solid waste disposal is expected. (Sources: Project Plans, Newport Beach General Plan, and County of Orange Integrated Waste Management Division) G. Would the project comply with federal, state, and local statutes and regulations related to solid waste? ` Less than Significant Impact. The city does not provide refuse collection for the proposed project site. The City of Newport Beach General Services Department provides a list of solid waste haulers, which are licensed and franchised with the City. The proposed project would employ one of the listed haulers to transport waste from the site to the MRF for recycling and to final landfill disposal •at Bowerman Landfill-in the City of hvine. The office development would be required to participate in City-wide recycling programs and household hazardous waste disposal to reduce demands for landfill space and prevent land or water contamination from hazardous wastes. The proposed project; therefore, would comply with federal, state, and local solid waste regulations. Less than significant impact is expected. (Sources: Project Plans, City of Newport Beach General Services Department) Koll Company Corporate Headquarters Page 3 -53 Initial Study and MND S f SECTION 4: MANDATORY FINDINGS OF SIGNIFICANCE 4.1 FINDINGS The environmental analysis in Section 3 of this Initial Study indicates that the proposed Koji Company Corporate Headquarters Project would not have the potential for significant adverse environmental impacts with implementation of standard City conditions and the recommended mitigation measures. The following findings can be made regarding the mandatory findings of significance set forth in Section 15065 of the CEQA Guidelines, as based on the results of this environmental assessment: The proposed project would not have the potential to degrade the quality of the environment. There are no sensitive plant. or animal species on the project site and the proposed project would not 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, or reduce the number or restrict the range of a rare or endangered plant or animal. No historic structures or sites are present in the project area that may be affected by the proposed project. The proposed project would not have the potential to achieve short-term goals at the expense of long- term environmental goals. The proposed project includes a 21,311 square foot, two -story office building above one level of subterranean parking with 17 stalls, 94 surface parking spaces, and ornamental landscaping areas on an approximately 1.5 -acre site in Newport Beach Although the project would have impacts to Cultural Resources, Hazards and Hazardous Materials, Hydrology/Water Quality, Noise, Transportation/Traffic, and Utilities and Service Systems mitigation measures would decrease these impacts to below a level of significance. The project would not significantly impact environmental resources. ♦ The proposed project would not have environmental impacts, which are individually limited but cumulatively considerable, when considering planned or proposed development in the immediate vicinity of the site. The proposed project would not cumulatively lead to significant adverse impacts, when added to proposed, planned, or anticipated development in the area. The proposed project would not have environmental impacts, which may have adverse effects on humans, either directly or indirectly, with implementation of the recommended mitigation measures. The project may create short-term noise impacts during excavation, site development, and construction activities. However, implementation of the recommended mitigation measures would avoid significant adverse impacts and would reduce the identified impacts to insignificant levels. The City of Newport Beach has determined that the proposed project would not have significant adverse impacts on the environment with the implementation of mitigation measures, and no additional environmental analysis is warranted. The City of Newport Beach would consider adoption of a Mitigated Negative Declaration for the proposed Koji Company Corporate Headquarters Project, with the incorporation of the recommended mitigation measures. 4.2 MITIGATION MEASURES The proposed project would need to comply with mandatory existing federal, state and City regulations and applicable ordinances. In addition, the following mitigation measures are recommended to reduce or avoid the project's potentially significant adverse impacts to less than significant levels: Air Quality Mitigation Measure 3.3 -1: Use pre- coated building materials. Koll Company Corporate Initial Study and MND Page 41 I/ Mandatory Findings (continued) Mitigation Measure 33 -2: Use high pressure -low volume (HPLV) paint applicators with 50 percent efficiency. Mitigation Measure 33 -3: Use lower volatility paint not exceeding 100 grams of ROG per liter Mitigation Measure 3.34: During grading activities, any exposed soil areas shall be watered twice per day. On windy days or when fugitive dust can be observed leaving the proposed Project site, additional applications of water shall be applied to maintain a minimum 12 percent moisture content as defined by SCAQMD Rule 403. Under windy conditions where velocities are forecast to exceed 25 miles per hour (as ascertained by phone calls to the SCAQMD), all ground disturbing activities shall be halted until winds that are forecast to abate below this threshold. Mitigation Measure 33 -5: The proposed Project shall comply with regional rules such as SCAQMD Rules 402 and 403, which would assist in reducing short-term air pollutant' emissions. Rule 403 requires that fugitive dust be controlled with best available control.measures so that the presence. of such dust does not remain visible in the atmosphere beyond the property line of the emission source. Rule 402 requires dust suppression techniques be implemented to prevent fugitive dust from creating a nuisance offsite. j These dust suppression techniques are summarized as follows: a. Portions of the construction site to remain inactive longer than a period of three months shall be seeded and watered until grass cover is grown or otherwise stabilized in a manner acceptable to the City. b. All on -site roads shall be paved as soon as feasible or watered periodically or chemically stabilized. C. All material transported offsite shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. d. The area disturbed by clearing, grading, earthmoving, or excavation operations shall be minimized at all times. Mitigation Measure 33-6: All vehicles on the construction site shall travel at speeds less than 15 miles per hour. Mitigation Measure 33-7: All material stockpiles subject to wind erosion during construction activities, that will not be utilized within three days, shall be covered with plastic, an alternative cover deemed equivalent to plastic, or sprayed with a nontoxic chemical stabilizer. Mitigation Measure 33-5: Where vehicles leave the construction site and enter adjacent public streets, the streets shall be swept daily or washed down at the end of the work day to remove soil tracked onto the paved surface. Any visible track -out extending for more than fifty (50) feet from the access point shall be swept or washed within thirty (30) minutes of deposition. Mitigation Measure 33 -9: All diesel- powered vehicles and equipment shall be properly operated and maintained Mitigation Measure 3.3 -10: All diesel- powered vehicles and gasoline- powered equipment shall be turned off when not in use for more than five (5) minutes. KoN Company Corporate Headquarters Page 4-2 Inl0al Study and MND Om Mandatory Findings (continued) Mitigation Measure 3.3 -I1: The construction contractor shall utilize electric or natural gas- powered equipment instead of gasoline or diesel- powered engines, where feasible. Mitigation Measure 33 -12:. As much as possible, the construction contractor shall time the construction activities so as not to interfere with peak hour traffic. To minimize obstruction of through traffic lanes adjacent to the site, a flagperson shall be retained to maintain safety adjacent to existing roadways, if necessary. Mitigation Measure 33-13: The construction contractor shall support and encourage ridesharing and transit incentives for the construction crew. i Mitigation Measure 3.3 -14: The construction contractor shall utilize as much as possible pre- coatedhratural colored building materials. Water -based or low VOC coatings shall be used that comply with the most f stringent SCAQMD. Rule 1113 limits. Spray equipment with high transfer efficiency, such as the high .volume-low pressure MVLP) spray method, or manual- coatings application such as paint brush -hand roller; trowel, spatula, dauber, rag, or a sponge shall be used to reduce VOC emissions, where practical. Mitigation Measure 3.3 -15: If construction equipment powered by alternative fuel sources (LPG /CNG) is available at comparable cost, the developer shall specify that such equipment be used during all construction activities on the proposed Project site. Mitigation Measure 3.3 -16: The developer shall require the use of particulate filters on diesel construction equipment if use of such filters is demonstrated to be cost - competitive for use on this proposed Project. Cuiturai Resources Mitigation Measure 3.5-1: Prior to the issuance of a grading permit, the applicant shall provide written evidence to the Planning Director that a qualified archaeologist has been retained to observe grading activities and conduct salvage excavation of archaeological resources as necessary. The archaeologist shall be present at the pre- grading conference, shall establish procedures for archaeological resources surveillance, and shall establish, in cooperation with the applicant, procedures for temporarily halting or redirecting work to permit the sampling, identification and evaluation of the artifacts as appropriate. If additional or unexpected archaeological features are discovered, the archaeologist shall report such findings to the applicant and to the Planning Department. If the archaeological resources are found to be significant, the archaeological observer shall determine appropriate actions, in cooperation with the applicant, for exploration and/or salvage. These actions, as well as final mitigation and disposition of the resources, shall be subject to the approval of the Planning Director. Mitigation Measure 3.5-2: Prior to the issuance of a grading permit, the applicant shall provide written evidence to the planning director that a qualified paleontologist has been retained to observe grading activities and conduct salvage fossils as necessary. The paleontologist shall be present at the pre- grading conference, shall establish procedures for paleontological resource surveillance, and shall establish cooperation with the applicant, procedures for temporarily halting or redirecting work to permit the sampling, identification and evaluation of fossils. If major paleontological resources are discovered which require long term baiting or redirecting of grading, the paleontologist shall report such findings to the applicant and to the Planning Department. The paleontologist shall determine appropriate actions, in cooperation with the applicant, which ensure proper exploration and/or salvage. These actions, as well as final mitigation and disposition of the resources, shall be subject to the approval of the Planning Director. KoN Company Corporate Headquarters tnitiai Study and MND I. MandatoryFindkVs (confiued) Hazards and Hazardous Materials Mitigation Measure 3.7 -1: Prior to the issuance of a building permit for the office building, the Project Applicant shall file Form 7460 -1 with the Federal Aviation Administration (FAA). Upon receiving the FAA determination, the project shall be submitted to the Orange County Airport Land Use Commission (ALUC) for a determination of consistency. The project may be subject to additional conditions as required by the FAA and/or the ALUC in order to be found in compliance with the John Wayne Airport Environs Land Use Plan. Hydrology/Water Quality ' Mitigation Measure 3.8-1: Prior to issuance of grading permits by the City, the Project Applicant shall develop and submit a Notice of Intent (NOI) and Storm Water Pollution Prevention Plan (SWPPP) to the Santa Ana RWQCB for compliance with the Statewide NPDES permit for construction activity. The SWPPP shall contain Best Management- Practices (BMPs) to-be implemented during construction to minimize impacts to local receiving water from pollutants in storm water runoff. Such best management practices (BMPs) include use of sandbags, gravel bags, check dams, silt fences, soil binders, erosion control blankets, fiber rolls, riprap pads, and practices that prevent debris and pollutants (loose soils, hazardous materials, oil, grease and solvents, other construction materials) from entering the storm drain system. The Project Applicant shall provide the City of Newport Beach with a copy of the NOI and their application check as proof of filing with the RWQCB. Mitigation Measure 3.8 -2: Prior to issuance of grading permits, the Project Applicant shall prepare and submit a Water Quality Management Plan (WQMP) for the proposed project, subject to the approval of the Building Department and Code and Water Quality Enforcement Division. The WQMP shall provide appropriate Best Management Practices (BMPs) and design elements to ensure that stormwater runoff is minimized to the maximum extent possible and that no violations of water quality standards or waste discharge requirements occur. Noise The following mitigation measures are recommended to reduce construction noise impacts on adjacent noise sensitive land uses: Mitigation Measure 3.11 -1: Construction activities shall be confined to the hours of 7:00 a.m. and 6:30 p.m. on weekdays and on Saturdays between the hours of 8:00 a.m. and 6:00 p.m. Mitigation Measure 3.11 -2: Equipment mufflers for construction equipment shall be used at all times, Mitigation Measure 3.11 -3: Idling of construction vehicles and equipment shall be limited to the extent feasible. Construction vehicles and equipment shall be properly operated and maintained and shall be turned off when not in use. Transportation and Traffic Mitigation Measure 3.15 -1: The parking design shall meet all City requirements regarding parking stall width, parking stall depth, parking aisle grade, and parking aisle - turning radii. Utilities and Serpice Systems. Koff Company Corporate Headquarters Page 4.4 Initial Study and MND ` O V Mandatory Findings (continued) While adequate water supplies would be available to serve the proposed Project site, the implementation of water conservation measures suggested by the City of Newport Beach, would reduce demand for groundwater, surface water and imported water supplies. These water conservation measures include: Mitigation Measure 3.16 -1: New landscaping shall incorporate drought- tolerant plant materials and drip irrigation systems, wherever possible. Mitigation Measure 3.16 -2: Water leaving the user's property due to over - irrigation of landscape, should be minimal. If an incident such as this is reported, a customer service representative will visit the location, investigate, inform resident if possible, leave a note and in some cases shut -off the water. Mitigation Measure 3.16 -3: Watering should be done during the early morning or evening hours to minimize evaporation (between 4:00 p.m. and 9:00 a.m., the following morning). .__._. Al tigatioa Measure 3.16 -4: All. leaks. are investigated and repaired......... __.._ _ _.._ ....., .. .. Mitigation Measure 3.16 -5: Water should not be used to clean paved surfaces, such as sidewalks, driveways, parking areas, etc., except to alleviate immediate safety or sanitation hazards. Mitigation Measure 3.16 -6: Reclaimed water shall be used wherever available, assuming it is economically feasible. Mitigation Measure 3.16 -7: Installation of Ultra -Low Flush Toilets (ULFT) in the residential units. The City of Newport Beach has determined that the proposed Project would not have significant adverse impacts on the environment with the implementation of mitigation measures, and no additional environmental analysis is warranted. The City of Newport Beach would consider adoption of a Mitigated Negative Declaration for the proposed Koll Company Corporate Headquarters Project, with the incorporation of the recommended mitigation measures, as outlined above. Koll Company Corporate Headquarters Page 4-5 Initial Study and MAID I�I SECTION 5: LIST OF PREPARERS/REFERENCEs 5.1 PREPARERS OF THE MND/EML4L STUDY EDAW, Ina 8954 Rio San Diego Drive, Suite 610 San Diego, California 92108 (619) 291 -1347 Dustin Fuller, Project Manager Christopher Ward, Urban/Environmental Planner Andrew Martin, Urban/Environmental Planner 5.2 REFERENCES Airport Land Use Commission, Airport Environs Land Use Plan for John Wayne Airport, Amended Dec. 19, 2002— ........ . . California Department of Conservation Farmland Mapping and Monitoring Program, bwortant Farmland, 2000. California Department of Conservation California Geological Survey, Seismic Hazard MaDnine Program, California Department of Finance, E-4 Population Estimates for Cities, Counties and the State, 2001 -2006, with 2000 Benchmark. California Department of Finance, E -5 Citv / County Population and Housing Estimates, 2006, Revised 2001 -2005, with 2000 Benchmark. California Office of Planning and Research, 'California Environmental Quality Act and the CEOA Guidelines, 2004. California's Scenic Highway Program, California Scenic Routes, 2000. City of Newport Beach, General Plan Conservation of Natural Resources Element 1975. City of Newport Beach, General Plan Housing Element 2003. City of Newport Beach, General Plan Public Land Use Element, 2004, as amended. City of Newport Beach, General Plan Noise Element, Conservation of Natural Resources Element, 1974. City of Newport Beach, General Plan Public Safety Element. 1975. City of Newport Beach, General Plan Recreation and Open Space Element 1998. City of Newport Beach, _City of Newport Beach Municipal Code, 2003. City of Newport Beach, Planned Community Development Standards for Koll Center Newport, Aug. 14, 1972 (Amendment No. 313). Koll Company Corporate Headquarters Page St Initial Study and MND 103 City of Newport Beach website: hgp:/ /www.city.neyTort- beach.0a.us/, 2004. EDAW, Limited Air Quality Analysis, July 2006. Federal Emergency Management Agency, Flood Insurance Rate Mats, 1996. National Register of Historic Places, National Register Information System 2006. Newport -Mesa Unified School District website: htti)://www.nmusd.kl2.ca.us 2006. Orange County Integrated Waste Management Division website: hq: / /www.oclandfflls.com/, 2006. Southern California Association of Governments (SCAG), 2004 RTP Growth Forecast City Projections, 2004. Southern California Earthquake Data Center, Faults of Southern California, —. SCAQMD, Air Quality Management Plan for the South Coast Air Basin 2002. SCAQMD, CEOA Air Ouality Handbook May 1993, as amended. Thomas Brothers Maps; Thomas Guide for Los Angeles and Orange Counties: 2006. U.S. Census Bureau, United States Census, 1990, 2000. U.S. Environmental Protection Agency; Envirofacts Database; 2006. U.S. Geological Survey, 7 '/x Minute Quadrangle for Laguna Beach, 2004. 5.3 PERSONS CONTACTED City of Newport Beach Rosalinh Ung, Associate Planner David Keely, Associate Civil Engineer Police and Fire Depts. Community Liaison Representative Koff Company Corporate Headquarters Initial Study and MND 1o4 SECTION 6: MITIGATION MONITORING AND REPORTING PROGRAM In accordance with the California Environmental Quality Act (CEQA), the City of Newport Beach prepared a Mitigated Negative Declaration (MND) and Initial Study for the proposed Koll Company Corporate Headquarters project located in the City of Newport Beach. The MND indicated that the potential adverse environmental impacts of the project, in terms of Air Quality, Cultural Resources, Hazards and Hazardous Materials, Hydrology/Water Quality, Noise, Transportation/Traffic and Utilities and Service.Systems could be mitigated to below levels of significance. The mitigation measures have been incorporated into the project and the MND is scheduled for adoption by the City of Newport Beach, in conjunction with the approval of the project. Section 21081.6 of the Public Resources Code (PRC) and CEQA Guidelines Section 15097 require the Lead Agency for each project which is subject to the CEQA to monitor performance of the mitigation measures included in any environmental document to ensure that implementation does, in fact, take place. The PRC requires the Lead Agency to adopt a monitoring and reporting program that is designed to ensure compliance during project implementation. In accordance with PRC Section 21081.6 and CEQA Guidelines section 15097, this Mitigation Monitoring and Reporting Program (MMRP) has been developed for the Koll Company Corporate Headquarters project. t/IYY a f. Y Y u_t_ ._. 1t The mitigation measures which are required to reduce or avoid the potentially significant adverse impacts of future development on the project site are listed in Table 1, Mitigation Monitoring Program. Responsible parties, the time frame for implementation, and the monitoring parties are also identified for each measure. In order to determine if the responsible party has implemented these measures, the - method of verification is also identified, along with the City of Newport Beach department or agency responsible for monitoring/verifying that the responsible party has completed each mitigation measure. TABLE 1 Responsible Time Frame for Department or Agency Mitigation Measures - Responsible for Party Implementation M,...H.A..e Air Quality The following mitigation measures would reduce emissions associated with construction of the proposed Project: Mitigation Measure 3.3 -1: Use pre - coated building materials. Mitigation Measure 33 -2: Use high pressure -low volume (HPLV) paint applicators with 50 percent efficiency. Developer/ Construction Phase City of Newport Beach Contractor Building Department Developer/ Construction Phase City of Newport Beach Contractor Building Department Mitigation Monitoring and Reporting Program September 2006 d Koll Company Corporate Headquarters Project Page 6 -1 U1 TABLE 1 MITIGATION MONITORING PROGRAM Mitigation Measures Responsible Time Frame for Department or Agency Responsible for Party Implementation Monitoring Mitigation Measure 3.3 -3: Use lower volatility paint not exceeding 100 grates of ROG per Developer / Construction Phase City of Newport Beach liter. Contractor Building Department Mitigation Measure 3.34: During grading activities, any exposed soil areas shall be watered Developer/ Construction Phase City of Newport Beach twice per day. On windy days or when fugitive dust can be observed leaving the proposed Contractor Building Department Project site, additional applications of water shall be applied to maintain a minimum 12 percent moisture content as defined by SCAQMD Rule 403. Under windy conditions where velocities are forecast to exceed 25 miles per how (as ascertained by phone calls to the SCAQMD), all ground disturbing activities shall be halted until winds that are forecast to abate below this threshold. Mitigation Measure 3.3 -5: The proposed Project shall comply with regional rules such as Developer / Construction Phase City of Newport Beach SCAQMD Rules 402 and 403, which would assist in reducing short-term air pollutant Contractor Building or Public Works emissions. Rule 403 requires that fugitive dust be controlled with best available control Department measures so that the presence of such dust does not remain visible in the atmosphere beyond the property line of the emission source. Rule 402 requires dust suppression techniques be implemented to prevent fugitive dust from creating a nuisance offsite. These dust suppression techniques are summarized as follows: a Portions of the construction site to remain inactive longer than a period of three months shall be seeded and watered until grass cover is grown or - otherwise stabilized in a manner acceptable to the City. b. All on -site roads shall be paved as soon as feasible or watered periodically or chemically stabilized. C. All material transported offsite shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. d. The area disturbed by clearing, grading, earthmoving, or excavation operations shall be minimized at all times. Mitigation Measure 3.3-6: All vehicles on the construction site shall travel at speeds less than Developer/ Construction Phase City of Newport Beach 15 miles per hour. Contractor Building or Public Works Department I Mitigation Monitoring and Repotting Program September 2006 0 Koll Company Corporate Headquarters Project Page 6 -2 TABLE 1 MITIGATION MONITORING PROGRAM Mitigation Measures Responsible Time Flame for Department Responsible for Party Implementation Monitoring Mitigation Measure 3.3 -7: All material stockpiles subject to wind erosion during construction Developer/ Construction Phase City of Newport Beach activities, that will not be utilized within three days, shall be covered with plastic, an alternative Contractor Building Department cover deemed equivalent to plastic, or sprayed with a nontoxic chemical stabilizer. Mitigation Measure 33-8: Where vehicles leave the construction site and enter adjacent public Developer/ Construction Phase City of Newport Beach streets, the streets shall be swept daily to remove soil tracked onto the paved surface. Any visible Contractor Building or Public Works track -out extending for more than fifty (50) feet from the access point shall be swept within thirty Department (30) minutes of deposition. Mitigation Measure 3.3 -9: All diesel- powered vehicles and equipment shall be properly operated Developer/ Construction Phase City of Newport Beach andmaintained. Contractor Building and Public Works Department Mitigation Measure 33 -10: All diesel-powered vehicles and gasoline - powered equipment shall be Developer/ Construction Phase City of Newport Beach turned off when not in use for more than five (5) minutes. Contractor Building or Public Works Department Mitigation Measure 33 -11: The construction contractor shall utilize electric or natural gas- City of Newport Construction Phase City of Newport Beach powered equipment instead of gasoline or diesel - powered engines, where feasible. Beach Building or Public Works Departments Mitigation Measure 33 -12: As much as possible, the construction contractor shall time the Developer/ Construction Phase City of Newport Beach construction activities so as not to interfere with peak hour traffic. To minimize obstruction of Contractor Building and Public Works through traffic lanes adjacent to the site, a flagperson shall be retained to maintain safety adjacent to Department existing roadways, if necessary. Mitigation Measure 33-13: The construction contractor shall support and encourage ridesharing Developer/ Construction Phase City of Newport Beach and transit incentives for the construction crew. Contractor Building or Public Works Departments Mitigation Monitoring and Repotting Progiam September 20M Koll Company Corporate Headquarters Project Page 6 -3 0 TABLE 1 MITIGATION MONITORING PROGRAM Mitigation Measures Responsible Time Frame for Department or Agency Responsible for Partly Implementation Monitorin Mitigation Measure 3.3 -14: The construction contractor shall utilize as much as possible pre- Developer/ Construction Phase City of Newport Beach coated/natural colored building materials. Water -based or low VOC coatings shall be used that Contractor Building Department comply with the most stringent SCAQMD Rule 1113 limits. Spray equipment with high transfer efficiency, such as the high volume -low pressure (HVLP) spray method, or manual coatings application such as paint brush hand roller, trowel, spatula, dauber, rag, or a sponge shall be used to reduce VOC emissions, where practical. Mitigation Measure 3.3 -15: If construction equipment powered by alternative fuel sources City of Newport Prior to issuance of City of Newport Beach (LPG/CNG) is available at comparable cost, the developer shall specify that such equipment be Beach Grading Permit Building Department used during all construction activities on the proposed Project site. Mitigation Measure 3.3 -16: The developer shall require the use of particulate filters on diesel Developer/ Prior to issuance of City of Newport Beach construction equipment if use of such filters is demonstrated to be cost- competitive for use on this Project Grading Permit Building Department proposed Project. Architect Cultural Resources The following mitigation measures would reduce potential impacts associated with unknown cultural resources on -site: Mitigation Measure 35-1: Prior to the issuance of a grading permit, the applicant shall provide Developer/ Prior to Issuance of City of Newport Beach written evidence to the Planning Director that a qualified archaeologist has been retained to observe Contractor Grading Permit Planning Department grading activities and conduct salvage excavation of archaeological resources as necessary. The archaeologist shall be present at the pre- grading conference, shall establish procedures for archaeological resources surveillance, and shall establish, in cooperation with the applicant, procedures for temporarily halting or redirecting work to pemtit the sampling, identification, and evaluation of the artifacts as appropriate. If additional or unexpected archaeological features are . discovered, the archaeologist shall report such findings to the applicant and to the Planning Department. If the archaeological resources are found to be significant, the archaeological observer shall detemrine appropriate actions, in cooperation with the applicant, for exploration and/or salvage. These actions, as well as final mitigation and disposition of the resources, shall be subject to the approval of the Planning Director. Mitigation Measure 3.5-2: Prim to the issuance of a grading petit, the applicant shall provide written evidence to the Planning Director that a qualified paleontologist has been retained to Developer/ Prior to Issuance of City of Newport Beach observe grading activities and conduct salvage fossils as necessary . The paleontologist shall be Contractor Grading Permit Planning 1>eparmment present at the pre - grading conference, shall establish procedures for paleontological resource surveillance, and shall establish cooperation with the applicant, procedures for temporarily halting Mitigation Monitoring and Reporting Program September 2006 Koll Company Corporate Headquarters Project Page 6-4 TABLE 1 MITIGATION MONITORING PROGRAM Mitigation Measures Responsible Time Frame for Department or Agency Responsible for Party Implementation Monitorin or redirecting work to permit the sampling, identification and evaluation of fossils. If major paleontological resources are discovered which require long team baiting or redirecting of grading, the paleontologist shall report such findings to the applicant and to the Planning Department. The paleontologist shall determine appropriate actions, in cooperation with the applicant, which ensure proper exploration and/or salvage. These actions, as well as final mitigation and disposition of the resources, shall be subject to the approval of the Planning Director. Hazards and Hazardous Materials The following mitigation measure would reduce potential impacts associated with potential hazards associated with John Wayne Airport: Mitigation Measure 3.7 -1: Prior to the issuance of a building permit for the office building, Developer Prior to Issuance of City of Newport Beach the Project Applicant shall file Form 7460 -1 with the Federal Aviation Administration (FAA). Building Permit Planning Department Upon receiving the FAA determination, the project shall be submitted to the Orange County Airport Land Use Commission (ALUC) for a determination of consistency. The project may be subject to additional conditions as required by the FAA and/or the ALUC in order to be found in compliance with the John Wayne Airport Environs Land Use Plan. Hydrology/WaterQuality The following mitigation measure would reduce potential hydrology /water quality impacts associated with the proposed project: Mitigation Measure 3.8 71: Prior to issuance of a grading pemmt by the City, the Project Developer Prior to Issuance of City of Newport Beach Applicant shall develop and submit a Notice of Intent (NOI) and Storm Water Pollution Grading Permit Building Deparhnent and Prevention Plan ( SWPPP) to the Santa Ana RWQCB for compliance with the Statewide Code and Water Quality NPDES permit for construction activity. The SWPPP shall contain Best Management Practices Enforcement Division (BMPs) to be implemented during construction to mrinimize impacts to local receiving water from pollutants in storm water runoff. Such best management practices (BMPs) include use of sandbags, gravel bags, check dams, silt fences, soil binders, erosion control blankets, fiber rolls, riprap pads, and practices that prevent debris and pollutants (loose soils, hazardous materials, oil, grease and solvents, other construction materials) from entering the storm drain system The Project Applicant shall provide the City of Newport Beach with a copy of the NO[ and their application check as proof of filing with the RWQCB. Mitigation Measure 3.8-2: Prior to issuance of a grading permit, the Project Applicant shall Developer / Prior to Issuance of City of Newport Beach prepare and submit a Water Quality Management Plan (WQMP) for the proposed project, Contractor Grading Permit Building Department and subject to the approval of the Building Department and Code and Water Quality Enforcement Code and Water Quality Division. The WQMP shall provide appropriate Best Management Practices (BMPs) and Enforcement Division design elements to ensure that stormwater runoff is minimized to the maximum extent possible and that no violations of water quality standards or waste discharge requirements occur. Mitigation Monitoring and Reporting Program Koll Company Corporate Headquarters Project i i September 2006 Page 6 -5 lP TABLE 1 MITIGATION MONITORING PROGRAM Responsible Time Frame for Department or Agency Mitigation Measures Party Implementation Responsible for Monitoring Noise The following mitigation measures are recommended to reduce construction noise impacts on adjacent noise sensitive land uses: Mitigation Measure 3.11 -1: Construction activities shall be confined to the hours of 7:00 am Developer/ Construction Phase City of Newport Beach and 6:30 p.m. on weekdays and on Saturdays between the hours of 5:00 am and 6:00 p.m. Contractor Planning Department and Code and Water Quality Enforcement Division Mitigation Measure 3.11 -2: Equipment mufflers for construction equipment shall be used at Developer / Construction Phase City of Newport Beach all times. Contractor Planning Department and Code and Water Quality Enforcement Division Mitigation Measure 3.11 -3: Idling of construction vehicles and equipment shall be limited to Developer/ Construction Phase City of Newport Beach the extent feasible. Construction vehicles and equipment shall be properly operated and Contractor Planning Department and maintained and shall be turned off when not in use. Code and Water Quality Enforcement Division Transportation/Traffle The following mitigation measures would reduce any potential traffic and parking related impacts from the proposed Project: Mitigation Measure 3.15 -1: The parking design shall meet all City requirements regarding parking Developer / Prior to Issuance of City of Newport Beach stall width, parking stall depth, parking aisle grade, and parking aisle - tuming radii. Contractor Building Permit Public Works Department Utilities and Service Systems Water conservation measures suggested by the City of Newport Beach, would reduce demand for groundwater, surface water and imported water supplies. These water conservation measures include: Mitigation Measure 3.16 -1: New landscaping shall incorporate drought- tolerant plant Developer/ Prior to Issuance of City of Newport Beach materials and drip irrigation systems, wherever possible. Contractor Building Permit Planning Department Mitigation Monitoring and Reporting Program September 2006 Koll Company Corporate Headquarters Project Page 6-6 ,+ TABLE 1 MITIGATION MONITORING PROGRAM Mitigation Measures Responsible Time Frame for Department or Agency Responsible for Party Implementation Monitoring Mitigation Measure 3.16 -2: Water leaving the user's property due to over - irrigation of Developer / Ongoing City of Newport Beach landscape, should be minimal. If an incident such as this is reported, a customer service Contractor Planning Department and representative will visit the location, investigate, inform resident if possible, leave a note and in Code and Water Quality some cases shut -off the water. Enforcement Division Mitigation Measure 3.16 -3: Watering should be done during the early morning or evening Developer/ Ongoing City of Newport Beach hours to minimize evaporation (between 4:00 p.m and 9:00 am, the following morning). Contractor Planning Department and Code and Water Quality Enforcement Division Mitigation Measure 3.164: All leaks are investigated and repaired. Developer / Ongoing City of Newport Beach Contractor Planning Department and . Code and Water Quality Enforcement Division Mitigation Measure 3.16 -5: Water should not be used to clean paved surfaces, such as Developer / Ongoing City of Newport Beach sidewalks, driveways, parking areas, etc., except to alleviate immediate safety or sanitation Contractor Planning Department and hazards. Code and Water Quality Enforcement Division Mitigation Measure 3.16 -6: Reclaimed water shall be used wherever available, assuming it is Developer/ Prior to Issuance of City of Newport Beach economically feasible. Contractor Building Permit Planning Department and Code and Water Quality Enforcement Division Mitigation Measure 3.16 -7: Installation of Ultra -Low Flush Toilets (ULFT) in the Developer/ Construction Phase City of Newport Beach development. Contractor Planning Department and Code and Water Quality Enforcement Division Mitigation Monitoring and Reporting Program September 2006 Koll Company Corporate Headquarters Project Page 6 -7 J Appendix A - Environmental Checklist Form ,i� i 1. Project Title: 2. Lead Agency Name and Address: 3. Contact Person and Phone Number: 4. Project Location: 5. Project Sponsor's Name & Address: ENVIRONMENTAL, CHECKLIST FORM Koll Company Corporate Headquarters Project City of Newport Beach Plannin Department 3300 Newport Boulevard Newport Beach, CA 92663 Rosalinh Ung, Associate Planner (949) 644 -3208 4450 MacArthur Blvd. Newport Beach, CA 92660 Orange County City of Newport Beach Planning Department 3300 Newport Boulevard Newport Beach, CA 92663 6. General Plan Designation: Administrative, Professional, Financial Commercial 7. Zoning: Administrative, Professional, Financial (APF) 8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets) if necessary.) A proposed Class A Office development of 21,311 GSF on a 1.49 acre site, currently in the Airport Statistical Area of the City of Newport Beach. The project consists of a two -story office building with design character in conformance with surrounding buildings. The building is approximately 40 feet in height above ground and allows for 17 subterranean parking spaces. The existing condition of the site is a surface parking lot. The project would require a General Plan Amendment to allow the additional 24,016 GSF of general office within the Airport Statistical Area of the City's General Plan; an amendment to the Koll Center Newport (KCN) Planned Community to allow the transfer of development rights from KCN Office Site B KCN Office Site A; and a Use Permit to allow the transfer of development intensity from KCN Office Site B to KCN Office Site A. 9. Surrounding Land Uses and Setting: (Briefly describe the project's surroundings.) The proposed project site is currently surrounded by a variety of land uses, primarily including Administrative, Professional and Financial Commercial (APF), as well as Retail and Service Commercial (RSC), General Industry (IND), and Government, Educational, and Institutional Facilities (GEIF). Nearby uses include the existing 10 -story Fairmont Hotel directly to the northeast and east, the approximately 7 -10 story Radisson Hotel buildings across MacArthur Boulevard to the northwest, paved surface parking lots to the north and south, and an existing nine -story office building and associated two -story parking structure to the southeast. South of the proposed project site at the intersection of MacArthur Boulevard and Von Karman Avenue is the Pacific Club, a private members only club with dining and athletic facilities. 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement): Santa Ana Regional Water Quality Control Board, John Wayne Airport Land Use Commission NO we, 1 Af 1 n 1 zl ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checldist on the following pages. ❑ Aesthetics ❑ Agriculture Resources ❑ Biological Resources ■ Cultural Resources ❑ ■ Hazards & Hazardous ■ Hydrology/Water Quality ❑ Materials ■ Noise ❑ ❑ Mineral Resources ❑ Public Services ❑ Recreation ■ Utilittes/Service Systems ■ Air Quality ❑ Mandatory Findings of Significance DETERMINATION (To be completed by the Lead Agency) On the basis of this initial evaluation: OeologylSons Land Use/Planuiug Population/Housing Transportallon/ltaffic ❑ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVB DECLARATION will be prepared. ■ L find that although the proposed project could have a significant effect onto environment, there will not be a significant affect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared ❑ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required ❑ I find that the proposed project MAY have a "potentially significant or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. 8�3 /OG Data City ofNewoort Beach For FORM "J" Page 2 of 10 EVALUATION OF ENVIRONMENTAL IMPACTS, 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rapture zone). A "No Impact" answer should be explained Where it is based on project - specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project - specific screening analysis). 2) All answers must take account of the whole action involved, including off -site as well as on -site, cumulative as well as project - level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant If there are one or more 'Potentially Significant Impact" entries when the determination is made, an EIR is required 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact" The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVU, "Earlier Analyses," may be cross- referenced). 5) Earlier analyses maybe used where, pursuant to the tiering, program EM or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(cx3)(D). In this case, a brief discussion should identify the following: a) Earlier Analyses Used. Identify and state where they are available for review. b) Impacts Adequately Addressed Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site - specific conditions for the project 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated 7) Supporting Information Sources. A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions form this checklist that are relevant to a project's environmental effects in whatever format is selected 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance. n " "A i of in 1 L3 ENVIRONMENTAL ANALYSIS QUESTIONS paundnP 1 n 1Ly Less nan Potentially Significant Less Than Issues: Significant With significant No impact Impact mfigation impact Incorporated 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, which ❑ ❑ ■ ❑ would adversely affect day or nighttime views in the area? H. AGRICULTURE 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 Dept, 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 quality plan? b) Violate any air quality standard or contribute substantially to ❑ ❑ ■ ❑ an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attaimnent under an applicable federal or state ambient air quality standard ❑ ❑ ■ ❑ (including releasing emissions, which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to. substantial pollutant ❑ p ■ 11 . concentrations? e) Create objectionable odors affecting a substantial number of ❑ ❑ ■ ❑ people? Ii! BIOLOGICAL RESOURCES. Would the project: paundnP 1 n 1Ly Issues: 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? 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, verrial pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? V. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in § 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? VL GEOLOGYAND SOILS. Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist -Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic - related ground failure, including liquefaction ?. iv) Landslides? Paae 5 of 10 ❑ ❑ ❑ ■ Cl ❑ ❑ ■ ❑ ❑ Las Than ❑ ❑ I'dentlslly Significant Las Than Significant Will Significant No Impact Impact Mitigation Impact ❑ Inmrporated ❑ ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ Cl ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ■ ❑ ■ ❑ ■ ❑ ❑ ❑ ❑ ❑ ■ ❑ ❑ ■ ❑ ❑ ❑ • ❑ ❑ ❑ ■ ❑ ❑ ❑ ❑ ■ 1 L'S Pave 6 of in Less Tian Potentlow signiflcant - Less Than Issues: significant with significant No Impart. Impact Mitigation Impact Incorporated b) Result in substantial soil erosion or the loss of topsoil? ❑ ❑ 0 ❑ c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially ❑ ❑ 0 ❑ 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 (1994), creating substantial risks to ❑ ❑ 0 ❑ life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where ❑ ❑ ❑ 0 sewers are not available for the disposal of wastewater? VIL HAZARDSAND 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 ❑ ❑ 0 ❑ 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? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one - quarter ❑ ❑ ❑ 0 mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code section ❑ ❑ ❑ ■ 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a ❑ 0 ❑ ❑ public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or ❑ ❑ ❑ 0 working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation ❑ ❑ 0 ❑ plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where ❑ ❑ ❑ ■ wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? VHL HYDROLOGYAND WATER QUALITY. Would the project: a) Violate any water quality standards or waste discharge ❑ 0 ❑ ❑ requirements? Pave 6 of in Page 7 of 10 Less Than Potentially Significant Less Than Issues: Significant With Significant No Impact Impact Mitigation Impact Incorporated 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? d) Substantially alter the existing drainage pattern of the site or area, including-through the alteration of the course of a streahi or river, or substantially increase the rate or amount of surface ❑ ❑ ❑ runoff in a manner which would result in flooding on- or off - site? 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? f) Otherwise substantially degrade water quality? ❑ ❑ ❑ g) Place housing within a 100 -yew flood hazard area as mapped on a federal Flood Hazard Boundary or Flood ❑ ❑ 0 Insurance Rate Map or other flood hazard delineation map? h) Place within a 100 -year flood hazard area structures which ❑ ❑ p 0 would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result ❑ ❑ ❑ 0 of the failure of a levee or dam? j) Inundation by seiche, tsunami or mudflow? ❑ ❑ 13 0 k) Result in significant alteration of receiving water quality ❑ ❑ ❑ during or following construction? 1) Result in a potential for discharge of stormwater pollutants from areas of material storage, vehicle or equipment fueling, vehicle or equipment maintenance (including washing), waste ❑ ❑ 13 0 handling, hazardous materials handling or storage, delivery areas, loading docks or other outdoor work areas? m) Result in the potential for discharge of stormwater to affect ❑ ❑ 0 ❑ the beneficial uses of the receiving waters? n) Create the potential for significant changes in the flow velocity or volume of stormwater runoff to cause environmental ❑ ❑ 0 ❑ harm? o) Create significant increases in erosion of the project site or ❑ ❑ J ❑ surrounding areas? Lx LAND USE AND PLANNING. Would the project: a) Physically divide an established community? ❑' ❑ Page 7 of 10 Pace R of 10 , Z� Less Than Potentially signt0ant Less Than Issues: SigniReant With Significant No Impact Impact Mffigatton Impact 'Incorporated i 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, ❑ ❑ ❑ j 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? 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 ❑ ❑ ❑ 0 state? b) Result in the loss of'availability of a locally- importaiif mineral resource recovery site delineated on a local general ❑ ❑ ❑ 0 plan, specific plan or other land use plan? U 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 ❑ 0 ❑ ❑ ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive ❑ 0 ❑ ❑ groundbome vibration or groux%ome noise levels? c) A substantial permanent increase in ambient noise levels in ❑ ❑ ❑ the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient ❑ noise levels in the project vicinity above levels existing without ❑ ❑ 0 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 ❑ ❑ ❑ 0 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 ❑ ❑ ❑ 0 to excessive noise levels? MI. POPULA77ON 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 road or other infrastturcture)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing ❑ ❑ ❑ 0 elsewhere? c) Displace substantial numbers of people, necessitating the ❑ ❑ ❑ ■ construction of replacement housing elsewhere? XIIL PUBLIC SERVICES. Would the project: Pace R of 10 , Z� Page 9 of 10 jZ q Lees Than potentially Significant Less Than ' Issues: Sig ffl ant with Significant No Impact Impact hfitigation Impact Incorporated . a) 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? ❑ ❑ ■ ❑ . XIK RECREATION. Would the project: a) 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 have ❑ ❑ ❑ ■ an adverse physical effect on the environment? XV. 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)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion ❑ ❑ ■ ❑ management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in ❑ ❑ ❑ ■ substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses ❑ ❑ ❑ ■ (e.g., farm equipment)? e) Result in inadequate emergency access? ❑ ❑ ❑ ■ f) Result in inadequate parking capacity? ❑ ■ ❑ ❑ g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, ❑ ❑ ❑ ■ bicycle racks)? Page 9 of 10 jZ q i Page 10 of 10 ' 3� Less Than Potentially Significant Less Than Issues: Significant With Significant No Impact Impact b ifigation Impact Incorporated XVL UTILITIES AND SERVICESYSTEMS Would the project: a) Exceed wastewater treatment requirements of the applicable ❑ ❑ ■ ❑ Regional Water Quality Control Boatel? 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 p ❑ ■ ❑ 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 p ❑ ■ ❑ accommodate the project's solid waste disposal needs? g), Comply with federal, state, and local statutes and regulations ❑ ❑ ■ ❑ related to solid waste? XVH.. MANDATORYFINDINGS OF SIGNIFICANCF- a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat or a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or ❑ ❑ ■ ❑ animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effects of a project are considerable ❑ ❑ ■ ❑ when viewed in connection with the effects of past projects, the effects of other current project, 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? Page 10 of 10 ' 3� Appendix B — Air Quality Analysis Page: 1 07/21/2006 11:15 AM ORBEMIS 2002 For Windows 8.7.0 File Name: C: \Program Filea \URBEMIS 2002 Version 8.7 \Projects2k2 \Roll HO.urb ' Project Name: Roll NO - Newport Beach, CA Project Location: South Coast Air Basin (Los Angeles area) On -Road Motor Vehicle Emissions Based on EMPAC2002 Version 2.2 SUMMARY REPORT (Pounds /Day - Summer) CONSTRUCTION EMISSION ESTIMATES PM10 PM10 PM10 ' 2007 ... ROG NOR CO 502 TOTAL EXHAUST DUST TOTALS (ibe /day,unmitigated) 43.44 52:72 62.53 0.05 4.47 1.65 2.82 ' TOTALS Ilbs /day, mitigated) 43.44 52.72 62,53 0.05 4.47 1.65 2.82 AREA SOURCE EMISSION ESTIMATES ROG NOR CO S02 PM10 . TOTALS (lbs )tlaY,unmitigated) 0.41 0.15 0.81 0.00 0.00 OPERATIONAL (VEHICLE) EMISSION ESTIMATES ROG NOR CO S02 PM1O ' TOTALS (lbs /day,unmitigated) 2.53 3.09 32.94 0.02 .3.27 SUM OF AREA AND OPERATIONAL EMISSION ESTIMATES ROG NOR CO SO2 PH10 TOTALS (lbs /tlay, unmitigated) i 2.94 3.23 33.75 0.02 3.27 1 33 - Page: 2 07/21/2006 11:15 AM - URBEMIS 2002 For Windows 6.7.0 , File Name: C: \Program Files \URBEHIS 2002 Version 8.7 \Projects2k2 \Roll HQ.urb Project Name: Roll HQ - Newport Beach, CA . Project Location: South Coast Air Basin (Loa Angeles area) -On -Road Motor Vehicle Emissions Based on EMFAC2002 version 2.2 DETAIL REPORT (Pounds /Day - Summer) Construction Start Month and Year: January, 2007 Construction Duration: 12 Total Land Use Area to be Developed: 1 acres Maximum Acreage Disturbed Per Day: 0.2 acres . Single Family Units: 0 Multi - Family Units: 0 Reta11/ Office /Institutional /Industrial Square Footage: 21375 CONSTRUCTION EMISSION ESTIMATES UNMITIGATED (lbs /day) PM10 PM10 PM10 Source ROG NOx CO S02 TOTAL EXHAUST DUST 2007 * ** Phase 1 - Demolition Emissions Fugitive Dust - - - - 2.78 - 2.78 Off-Road Diesel 3.53 21.61 29.97 - 0.81 0.81 0.00 On-Road Diesel 0.44 9.62 1.62 0.02 0.22 0.18 0.04 - Worker Trips - 0.02 OA. 0.55 0.00 0.00 0.00 0.00 Maximum lbs /day 3.99 31.29 32.14 0.02 3.81 0.99 2.82 Phase 2 - Site Grading Emissions Fugitive Dust - - - - - 2.00 - 2.00 Off -Road Diesel 4.06 24.09 34.48. - 0.77 0.77 0.00 On-Road Diesel 1.29 28.50 4.80 0.05 0.67 0.55 0.12 Worker Trips 0.07 0.13 1.39 0.00 0.00 0.00 0.00 Maximum lba /day 5.42 52.72 40.67 0.05 3.44 1.32 2.12 Phase 3 - Building Construction Bldg Const Off-Road Diesel 3.31 21.61 26.92 - 0.82 0.82 0.00 Bldg Const Worker Trips 0.05 0.03 0.64 0.00 0.01 0.00 0.01 Arch Coatings Off -Gas 35.95 - - - - - Arch Coatings Worker Trips 0.05 0.03 0.64 0.00 0.01 0.00 0.01 Asphalt Off -Gas 0.05 - - - - - - - Asphalt Off-Road Diesel 4.00 24.09 33.99 - 0.83 0.83 0.00 Asphalt On -Road Diesel 0.01 0.19 0.04 0.00 0.00 0.00 0.00 Asphalt Worker Trips 0.02 0.01 0.29 0.00. 0.00 0.00 0.00 Maximum lbs /day 43.44 45.97 62.53 0.00 1.67 1.65 0.02 Max lbs /day all phases 43.44 52.72 62.53 0.05 4.47 1.65 2.82 Phase 1 - Demolition Assumptions Start Month /Year for Phase 1: Jan '01 Phase 1 Duration: 0.6 months Building Volume Total (cubic feet) : 25875 Building Volume Daily (cubic feet): 6612.5 . -- On -Road Truck Travel (VMT): 366 Off -Road Equipment No. Type Horsepower Load Factor Hours /Day 2 Graders 174 0.575 8.0 Phase 2 - Site Grading Assumptions ' Start Month /Year for Phase 2: Jan '07 Phase 2 Duration: 1.2 months On-Road Truck Travel (VMT): 1090 Off -Road Equipment No. Type Horsepower Load Factor Hours /Day 3 Rubber Tired Loaders 165 0.465 8.0 Phase 3 - Building Conatruction Assumptions - Start Month /Year for Phase 3: Feb '07 Phase 3 Duration: 10.2 months Start Month /Year for SubPhase Building: Feb '07 SubPhase Building Duration: 10.2 months Off -Road Equipment No. Type Horsepower Load Factor Hours /Day _ 1 Concrete / Industrial saws - 84 0.730 8.0 1 Cranes 190 0.430 8.0 1 Rough Terrain Forklifts 94 0.475 8.0 Start Month /Year for SubPhase Architectural Coatings: Dec 107 3 1 3y' - Page: 3 07/21/2006 11:15 AM SubPhaae Architectural Coatings Duration: 1 months Start Month /Year for SubPhase Asphalt: Dec 107 SubFbase Asphalt Duration: 0.5 months Acres to be Paved: 0.2 off -Road Equipment No. Type Horsepower Load Factor Hours /Day 1 Graders 174 0.575 8.0 1 Pavers 132 0.590 8.0 1 Rollers 114 0.430 8.0 CONSTRUCTION EMISSION ESTIMATES MITIGATED (lbs /day) ' PMIO PM10 PM10 Source ROG NOx CO 502 TOTAL EXHAUST DUST . ... 2007 "" Phase 1 - Demolition Emissions Fugitive Dust - - - - 2.78 - 2.78 Off -Road Diesel 3.53 21.61 29.91 - 0.91 0.81 0.00 On -Road Diesel 0.44 9.62 1.62 0.02 0.22 0.1B 0.04 Worker Trips 0.02 0.06 0.55 0.00 0.00 0.00 0.00 Maximum lbs /day 3.99 31.29 32.14 0.02 3.81 0.99 2.82 Phase 2 - Site Grading Emissions Fugitive Duet - - - - 2.00 - 2.00 Off -Road Diesel 4.O6 24.09 34.48 - 0.77 0.77 0.00 On -Road Diesel 1.29 28.50 -- --4.BC • ^0.05 ' "0.67 0.55 0.12 Worker Trips 0.07 0.13 1.39 0.00 0.00 0.00 0.00 Maximum lba /day 5.42 52.12 40.67 0.05 3.44 1.32 2.12 Phase 3 - Building Construction Bldg Conat Off -Road Diesel 3.31 21.61 26.92 - 0.82 O.B2 0.00 Bldg Conat Worker Trips 0.05 0.03 0.64 0.00 0.01 0.00 0.01 Arch Coatings Off-Gas 35.95 - - - - - - Arch Coatings Worker Trips 0.05 0.03 0.64 0.00 0.01 0.00 0.01 Asphalt Off -Gaa 0.05 - - - - - - Asphalt off -Road Diesel 4.00 24.09 33.99 - 0.83 0.83 0.00 Asphalt On-Road Diesel 0.01 0.19 0.04 0.00 0.00 0.00 0.00 Asphalt Worker Trips 0.02 0.01 0.29 0.00 0.00 0.00 0.00 Maximum lbs /day 43.44 45.97 62.53 0.00 1.67 1.65 0.02 Max lbe /day all phases 43.44 52.72 62.53 0,05 4.47 1.65 2.82 • - Construction - Related Mitigation Measures Phase 1 - Demolition Assumptions Start Month /Year for Phase 1: Jan 107 Phase 1 Duration: 0.6 months Building Volume Total (cubic feet): 25875 Building Volume Daily (cubic feet): 6612.5 On -Road Truck Travel (VMT): 366 Off -Road Equipment No. Type Horsepower Load Factor Hours /Day 2 Graders 174 0.575 8.0 .Phase 2 - Site Grading Assumptions Start Month /Year for Phase 2: Jan 107 Phase 2 Duration: 1.2 months On -Road Truck Travel (VMTI : 1090 Off-Road Equipment No. Type Horsepower Load Factor Hours /Day 3 Rubber Tired Loaders 165 0.465 8.0 Phase 3 - Building Construction Assumptions Start Month /Year for Phase 3: Feb '07 Phase 3 Duration: 10.2 months Start Month /Year for SubPhase Building: Feb '07 SubPhase Building Duration; 10.2 months Off -Road Equipment No. Type Horsepower Load Factor Hours /Day 1 Concrete /Industrial saws 84 0.730 8.0 1 Cranes 190 0.430 8.0 1 Rough Terrain Forklifts 94 0.475 8.0 Start Month /Year for SubPhase Architectural Coatings: Dec '07 SubPhase Architectural Coatings Duration: 1 months Start Month /Year for SubPhase Asphalt: Dec 107 SubPhase Asphalt Duration: 0.5 months 13s ' Page: 4 - 07/21/2006 11:15 AM Acres to be Paved: 0.2 Off -Road equipment No. Type Horsepower Load Factor Hours /Day 1 Graders 1740.575 8.0 1 Pavers 132 0.590 8.0 1 Rollers 114 0.430 8.0 Page: 5 07/21/2006 11:15 AM AREA SOURCE EMISSION ESTIMATES (Summer Pounds per Day, Unmitigated) Source ROG NOx CO' S02 PM10 Natural Gas 0.01 0.14 0.12 0 0.00 Hearth - No summer emissions Landscaping 0.10 0.00 0.69 0.00 0.00 Consumer Prdcts 0.00 - - - Architectural Coatings 0.30 - - - - TOTALS(lbs /day,unmitigated) 0.41 0.15 0.81 0.00 0.00 13`► Page: 6 07/21/2006 11:15 AM UNMITIGATED OPERATIONAL EMISSIONS ROG NOx CO 802 PM10 General office building 2.53 3.09 32.94 0.02 3.27 TOTAL EMISSIONS (lbs /day) 2.53 3.09 32.94 0.02 3.27 Does net Include correction for passby tripe. Dees not include double counting adjustment for internal trips. OPERATIONAL (Vehicle) EMISSION ESTIMATES Analysis Year: 2008 Temperature (F): 90 Season: Summer EMFAC Version: EMFAC2002 (9/2002) Summary of Land Uses: No. Total ' Unit Type Acreage Trip Rate Units Trips General office building 14.03 trips /1000 sq. ft. 21.38 299.89 Sum of Total Trips 299.89 Total Vehicle Miles Traveled 2,153.22 Vehicle Assumptions: Fleet Mix: ' Vehicle Type Percent Type Mon - Catalyst Catalyst Diesel Light Auto 55.00 1.60 98.00 0.40 Light Truck < 3,150 lbs 15.00 2.70 95.30 2.00 Light Truck 3,751- 5,750 .16.20 1.20 97.50 1.30 Mod Truck 51751- 81500 7.20 1140 95.80 2.80 Lite -Heavy 81501- 10,000 1.10 0.00 81.80 18.20 Lite -Heavy 10,001- 14,000 0.40 0.00 50.00 50.00 Med -Heavy 14,001-33,DD0 1.00 D.00 20.00 80.00 Heavy -Heavy 33,D01- 60,000 0.90 0.00 ll.1D 88.90 Line Haul > 60,000 Its 0.00 0.00 0.00 100.00 Urban Bus 0.20 0100 50.00 50100 Motorcycle 1.70 76.50 23.50 0.00 School Bus 0.10 0.00 0.00 100.00 Motor Home 1.20 8,30 83.30 8.40 Travel Conditions Residential Commercial Home- Home- Home - Work Shop Other Commute Non -Work Customer Urban Trip Length (miles) 11.5 4.9 610 10.3 515 515 Rural Trip Length (miles) 11.5 4.9 610 10.3 515 515 Trip Speeds (mph) 35.0 40.0 40.0 40.0 40.0 40.0 $ of Trips - Residential 20.0 37.0 43.0 8 of Trips - Commercial (by land use) 'General office building 35.0 17.5 47.5 13t6 Page: 7 07/21/2006 11:15 AM Changes made to the default values for Land Use Trip Percentages Changes made to the default values for Construction Changes made to the default values for Area The hearth option switch changed from on to off. The consumer products option switch changed from on to off. The landscape year changed from 2005 to 2008. Changes made to the default values for Operations The operational emission year changed from 2005 to 2008. ATTACHMENT F PROJECT PLANS fA THE KOLL COMPANY HEADQUARTERS (KOLL CENTER NEWPORT) THE KOLL COMPANY LANCDON ulmilil► + ARCHITECTURE L h n n I n 0 HT ERI CR8 �J .II II.• iF Nk, 4L 9 X! ;I A PAW.W. PUA -1 THE KOLL COMPANY HEADQUARTERS EXISTING SITE PLAN ( 1 KOLL CENTER NEWPORT WILSON } { t ~Y 'b cowr .Y '4' 'IS L UJ xol% rsmwswaw ,N'P�'F' - - PROJECT DATA: a \ f 11GIlY - W LL �./ �� . � � i' omaruMC C) Cp - untxrran w>•a van I Illc.ul,na rl r rr Q 1' - '.....:J 110101m _ -Ir I r I { I � - � ISKJIY OYB MIMIC' ..._ r ate♦♦ .. .. . " -- - ' ' r r r r r aagar� aNp NRgY ------------ --------------- ------ .--r ____________� ______ __ _____ n{qr fA91'H fart 1- E' MAC ARTHUl BLVD ^• ...Y SuWt IJ� THE KOLL COMPANY HEADQUARTERS CONCEPTUAL SITE PLAN" J 3 KOLL CENTER NEWPORT „� ' LAKIDOON WEST NOR714 THE KOLL COMPANY KOLL CENTER NEWPORT EAST Al ELEVATIONS (5) LANGDON my w WILSON tr 11 r� rJ COUNCIL AGENDA NO. - 9- 07�� � y T FINAL INITIAL STUDY and MITIGATED NEGATIVE DECLARATION for the proposed KOLL COMPANY CORPORATE HEADQUARTERS PROJECT Prepared for: City of Newport Beach Planning Department 33W Newport Boulevard Newport Beach, CA 92663 Rosalinh M. Ung, Associate Planner (949) 644 -3208 Prepared by: EDAW, Inc. 8954 Rio San Diego Dr., Suite 610 San Diego, CA 92108 Dustin Fuller, Project Manager (619) 291 -1347 September 7, 2006 I 0 0 ERRATA and RESPONSE TO COMMENTS for the proposed KOLL COMPANY CORPORATE HEADQUARTERS • PROJECT Prepared for: City qfNewport Beach Planning Department 3300 Newport Boulevard Newport Beach, CA 92663 Rosalinh M. Ung, Associate Planner (949) 6443208 Prepared by: EDA W, Inc 8954 Rio San Diego Dr., Suite 610 San Diego, CA 92108 Dustin Fuller, Project Manager (619) 291-1347 September 2006 • • ERRATA FINAL MND FOR THE KOLL COMPANY CORPORATE HEADQUARTERS PROJECT Upon completion of the Public Review period and receipt of comments for the Draft Mitigated Negative Declaration (MND), errors and areas requiring clarification or modification in the MND text were identified. The text has been changed in instances where information presented in the Draft MND required the clarification of the following: application requests and environmental analysis, or where information presented was unclear or additional information was deemed warranted within the Draft MND. These changes are provided below in strike- out/underline format. The changes have also been reviewed and none of them affect the impact conclusions of the MND. Minor typographical errors (i.e., punctuation, capitalization, etc.) identified within the Draft MND are not shown below. In addition, the following is provided solely to clarify the 1S/MND discussion of the proposed General Plan Amendment for a net increase of 24,016 gross square feet within Office Site A. It does not represent new information that was not included in the IS/MIdD. As a result, the impact analyses and mitigation measures of the IS /MND remain the same; this clarification does not result in impacts beyond those identified within the IS/MND. An amendment to the Land Use Element is being sought to: 1) increase the floor area in Office Site B by the unbuilt floor area identified in the PC Text; and 2) transfer the unbuilt floor area to Office Site A to facilitate the development of the new Koll Company Headquarters, since the existing Land Use Element did not account for the unbuilt floor area that the PC Text allowed within Office Site B of the Koll Center Planned Community. • The Use Permit application is no longer applicable as it is only required when there are no other legislative requests as part of an application. However, for the proposed project, the application includes amendments to both the General Plan and Planned Community. Both of these amendments are considered legislative actions that require findings and public participation. For these reasons, the Use Permit is not required for the proposed project. All comments received during the review period from August 4 through September 5, 2006 for the Draft Koll Company Corporate Headquarters Initial Study and Mitigated Negative Declaration document were noted and incorporated into the document as appropriate. All comments on the draft MND and the responses to these comments are provided in the Responses to Comments section. Section 1.1 Introduction: Rage 1 -1: paragraph 1 This Initial Study evaluates and identifies the potential environmental impacts which may result from the proposed Koll Company Corporate Headquarters project ("proposed project'), in the City of Newport Beach. The proposed project site encompasses approximately 64,897 square feet (1.49 acres) within the Airport Area of the City in Koll Center Newport Planned Community, Office Site A, approximately one -half mile southlsoutheast of John Wayne Airport. The proposed project includes the development of a two-story (40 feet tall or maximum 88.5 feet above mean sea level) office building totaling 21,311 gross square feet (GSF), 17 subterranean parking spaces, and 94 surface parking spaces on an existing paved parking lot. Discretionary actions required for the project are discussed in Section 2.4 of this Initial Study and briefly listed below: Section 1.1 Introduction: page 1 -1: paragraph 2 As discussed above, a Use Permit is needed when there are no other legislative requests as part of an application. However, since the proposed project includes the General Plan and Planned Community . amendments, which are considered legislative actions that require findings and public participation, the Use Permit is not required for the proposed project. The following language has been deleted from the Draft IS/MND. -- - ..: Section 1.3 Summary of Findings: page 1 -2: paragraph 2 Based on the findings of the environmental analysis in Section 3 of this Initial Study, the proposed Koll Company Corporate Headquarters Project has the potential for creating significant adverse impacts to Air Quality, Cultural Resources, Hazards and Hazardous Materials, Hydrology /Water Quality, Noise, Transportation/Traffic, and Utilities and Service Systems. Mitigation measures have been identified to prevent or reduce these impacts to less than significant levels. These measures are listed below. Section 1.3 Summary of Findings: page 1 -3: paragraph 4 Mitigation Measure 3.3 -8: Where vehicles leave the construction site and enter adjacent public streets, the streets shall be swept daily or Aushea a,...,a at the end e f the . eAE a^, to remove soil tracked onto the paved surface. Any visible track -out extending for more than fifty (50) feet from the access point shall be swept of washed within thirty (30) minutes of deposition. Section 2.1.2 Project Area: page 2 -2: paragraph 4 The Airport Area (Statistical Area L4) is divided into three Planned Communities: 1) Koll Center Newport; 2) Newport Place; and 3) Campus Drive. The proposed project is located in the approximately 179 -acre Koll Center Newport (KCN) Planned Community, which is divided into multiple sub -areas. The project is located in the 30.9 -acre sub -area known as KCN Office Site A, which is bounded by MacArthur Boulevard to the west, Birch Street to the north and northeast, and Von Karman Avenue to the east and south. The project site is • located on the approximately 64,897 square foot (1.49 acres) in the central portion of Office Site A, abutting MacArthur Boulevard and the entry drive to Office Site A from MacArthur Boulevard between Birch Street and Von Karman Avenue. Office Site B is located immediately south of Office Site A and bounded by Von Karman Avenue, Birch Street, MacArthur Boulevard, and Jamboree Road Section 2.1.2 Protect Area: page 2 -3: paragraph 1 The proposed project site is currently improved with paved surface parking, ornamental landscaping and trees, and hardscape area surrounding the existing 9 -story office building (Figure 2 -2). The proposed two -story office building would replace the existing surface parking spaces and ornamental landscaping and trees in the northern portion of the project site while additional surface parking spaces would replace the existing ornamental landscaping and trees and hardscape area in the southern portion of the project site near the existing 9 -story office building. The proposed project site has a relatively flat terrain due to past grading and site development activities associated with the existing use of the site. On -site elevations range from approximately 47.5 to 48.5 feet above mean sea level (amsl). Section 2.2 Description of the Proposed Project: page 2- 3:-paragraph 3 The proposed project includes the development of a two-story (40 -feet tall or maximum 88.5 feet amsl), 21,311 gross square foot (GSF) office building above one subterranean parking level consisting of 18 spaces (Figure 2 -3) on the approximately 64,897 square foot (1.49 acres) site. The remaining 54,197 square feet (1.24 acres) of the site includes 98 parking spaces and ornamental landscaping and trees. The proposed project requires a General Plan Amendment (GP2006 -003) to allow an additional 24,016 GSF of general office within Office Site A for the Koll Center Newport of the Airport Area (Statistical Area L -4); however, the proposed project would only utilize 21,311 square feet of this area. The proposed project would also require an amendment to the Koll Center Newport Planned Community (PD 2006 -0001) to allow the transfer of 24,016 net square feet (NSF) of unused retail (10,000 NSF), restaurant (9,535 NSF), and office (4,481 NSF) uses from Office Site B to Office Site A. A rte"° POFFRit (UP 2006 008) is a!se intensity Center Newpo— Plamed Community. Section 2.2 Description of the Proposed Proiect: page 2 -8: paragraph 1 The proposed project would provide approximately 16,844 square feet of area for ornamental landscaping and entry plaza. or 26 percent of the 1.49 -acre proiect area. trees. The proposed landscaping would integrate the project with the mature landscaping of Koll Center Newport by maintaining and complimenting the existing Eucalyptus and Liquidambar tree vocabulary and ground cover /shrub foundation planting Complimentary accent specimen landscaping will provide visual focus at the building's main plaza and entry. The existing 30 foot landscape setback on MacAruthur Boulevard as well as the existing perimeter landscaping along the entry drive will not be altered by the proposed project. Section 3.1 Aesthetics: page 3-2: paragraph 6 The proposed project would change the existing use of the site from paved surface parking spaces and ornamental landscape and hardscape areas to a two -story (40 -feet tall or maximum 88.5 feet amsl) office building with one level of subterranean parking surrounded by surface parking areas and ornamental landscaping and trees. Section 3.3 Air Quality: page 3-8: paragraph 9 Mitigation Measure 3.3-8: Where vehicles leave the construction site and enter adjacent public streets, the streets shall be swept daily or washed do mm at the end of the week day to remove soil tracked onto the paved surface. Any visible track -out extending for more than fifty (50) feet from the access point shall be swept OF washed - within thirty (30) minutes of deposition. Section 3.7 Hazards and Hazardous Materials: page 3 -22: paragraph I The regulations include established measures for proper storage, use, and disposal, and a risk management and prevention plan for accidents. Truck oil change, equipment maintenance, and other activities that may release hazardous materials during construction would be conducted in accordance with existing regulations, such as the National Pollutant Discharge Elimination System (NPDES), to prevent soil and water contamination and accidents. Compliance with all applicable regulations would prevent spills and accident conditions that could release hazardous materials into the environment. Further, traffic safety signs and controls would be provided to create safe driving conditions and prevent vehicle accidents. Thus, potential impacts caused by hazardous materials accidents are expected to be less than significant. Section 3.7 Hazards and Hazardous Materials: page 3 -22: paragraph 4 No Impact. According to EPA, the project site is not listed on the Department of Toxic Substances Control Hazardous Waste and Substance List (Cortese List) — the list of hazardous materials sites compiled pursuant to Government Code Section 65962.5. The proposed project site is also not listed on the U.S. EPA Envirofacts Toxics Release Inventory (TRI). Therefore, implementation of the proposed project would not result in a risk to the public or the environment. As discussed above, the nearest hazardous material users are Conexant Systems, Inc. and Newport Fab LLC at 4311 and 4321 Jamboree Road, respectively, approximately 0.5 miles southeast of the proposed project site. No impacts on the public or the environment caused by these hazardous material users would occur with because of the proposed project. 0 Section 3.8 Hydrology and Water Ouality: page 3-24: paragraph 5 Less than Significant Impact with Mitigation Incorporated. The City of Newport Beach is located within Region 8 (the Santa Ana Regional Water Quality Control Board [RWQCBj). The City of Newport Beach is a co- permittee with Orange County in the NPDES Program. Accordingly, the Project Applicant is would-be required to comply with all applicable Federal, State, regional, and local regulations to protect water quality during construction and operation of the proposed project as described in farther detail below. Section 3.8 Hydrology and Water Quality: vaee 3-27: paraeraph2 Less than Significant Impact. As discussed throughout this section, operation of the proposed office building would not substantially alter the amount of impervious surfaces on the proposed project site; thus, the amount of runoff water generated on -site and entering existing and planned stormwater drainage facilities would not be substantially increased by operation of the proposed project. Street sweeping of public streets is provided to remove and prevent debris from entering the storm drain system. The City requires catch basin stenciling to discourage waste disposal from entering into the storm drain system. Continued implementation of these city -wide programs would further reduce potential stormwater pollution from development. Furthermore, mandatory compliance with WQMP requirements regarding the implementation of on -site stormwater pollution mitigation and treatment and other BMPs for urban stormwater pollutant prevention would ensure that substantial additional sources of polluted runoffare not generated on -site. ection 3.9 Land Use and Planning: pace 3 -32: paragraph 1 The proposed project is located within the Koll Center Newport Planned Community (KCN PC). The City has adopted Planned Community District Regulations (PC -154 Koll Center) that establish development standards and use regulations to implement the General Plan. As shown in Figure 3 -2, Planned Community Map, this planned community area is bounded by Campus Drive, Jamboree Road, and MacArthur Blvd. Areas within the Planned Community text are broken down still further into what are referred to as office site areas (KCN Office Sites A -G) as well as two industrial areas, a courthouse, and a retail service site. The proposed project is located within KCN Office Site A of the KCN PC. This area includes Administrative, Professional, Financial Commercial (APF) uses. Office Site B is located immediately south of Office Site A and bounded by Von Karman Avenue, Birch Street, and Jamboree Road. Section 3.9 Land Use and Planning: page 3 -34: paragraph 2 Less than Significant Impact. The proposed project would involve a general plan amendment; and an amendment to the Planned Community text. as • ell as a Use n°.. o« Each of these areas is discussed in further detail below. Section 3.9 Land Use and Planning: page 3-34: paragraph 3 The current General Plan land use designation on the proposed project site is Administrative, Professional, Financial (APF). The proposed office development is consistent with the APF designation and nNo change in land use designation is proposed by the project. The General Plan Amendment is required to amend the estimated growth for Statistical Area L4 to allow for an additional 24,016 square feet of development within this area. The additional square footage would be transferred from one portion of the Airport Area to another (from KCN Office Site B to KCN Office Site A). The transfer would add to increase the existing total within KCN Office Site A to 834,201 and reduce the square footage within KCN Office Site B to 1,060,146. Since the 1988 Land Use Element did not account for the unbuilt floor area that the PC Text allowed in Office Area B an amendment to the Land Use Element is being sought to increase the floor area in Office Site B by the unbuilt amount identified in the PC Text and then transferring it to Office Site A to • facilitate the development of the new Koll Company s.-The additional square footage proposed by thO PFE)jOOt WOUld not fepfesent Fiet new square footage within the Mr-pert Afea; vather, sqtwe feetage would be ineved within this aFea. Section 3.9 Land Use and Planning: page 3 -35: paragraph 1 The proposed project's increase of square footage within KCN Office Site A of the Airport Area would not result in a conflict with the General Plan. The increase of square footage, once accounted for, would result &&m in a transfer of available square footage €real ene area-e within the Airport Area from KCN Office Site B to KCN Office Site A. to another is allowed in the Ge..eFal Plan. As such, the net result of the project would only slightly alter the distribution of allowed square footage but would not result in new square footage that could result in higher population, housing, or work force projections that could lead to increased traffic trips, decreased air quality or a larger need for public services. Additionally, the proposed project would conform to the two land use policies discussed above and would not conflict with or serve to restrict the other land use policies found in the General Plan. A less than significant impact to the General Plan would result with implementation of the proposed project. Section 3.9 Land Use and Planning: page 3 -35: paragraph 2 and 3 As discussed above, a Use Permit is not required for the proposed project. As such, the text has been modified to remove this discussion. Use z- crnr[ As diseussed thfeugheut this daeumea; aPA within this se6tion, the PFE)POSed pFeieet would Genfamn te the RqUiPed findings and would not result in sigriffieant inipaels. Speeifieally the pi:E�jeet would faake effleiern use ..P the available land. , eeld include a :.,t„ aFehiteetuf„ massing and sealle-so Rq scale-s to retain the aestheties of the area and ensuFa aempatibility with the eAsting development in !be afece; weuld not Section 3.11 Noise: page 3-39: paragraph 1 Less than Significant Impact with Mitigation. Implementation of the proposed project would result in short- term construction- related noise increases. Additionally, long -term increased noise levels could result from the introduction of office uses and associated vehicle traffic along the adjacent roadways. Short- and long -term noise level increases are discussed in further detail in the sections that follow. Section 3.11 Noise: page 3 -41: paragraph 3 During construction, noise impacts would occur from grading, equipment operations, and other construction activities. Noise from scrapers, jackhammers, pavers, and other types of construction equipment may range from 75 to 100 dBA at 50 feet from the source. Typical operating cycles may involve one to two minutes of full power operation followed by three or four minutes at a lower power. Construction noise would occur • on a short-term and temporary basis, when development is under construction. As discussed in Mitigation Measure 3.11 -1, construction activities would be confined to the designated daytime hours, 7 AM to 6:30 PM on weekdays and 8 AM to 6 PM on Saturday, and would comply with the noise regulations of the City of Newport Beach. Thus, noise from the construction activities on the site would be confined to the daytime hours, when noise sensitivity is less. Inclusion of this mitigation measure would be reduced noise impacts to less than significant levels. Section 3.11 Noise: page 342: paragraph 2 The project is approximately Va mile southeast of the Airport property boundary line. Within this zone, the height of project is restricted to 200 feet above mean sea level or less to ensure the safety of air traffic and ground structures. Because the project is proposed to be 40 88 feet in height above mean sea level, it will not conflict with the planning guidelines of design regulations ^ afldated by the Airport Environs Land Use Plan (AELUP). The proposed project lies within the 60 dBA in CNEL, but outside of the 65 dBA in CNEL, contours generated from airport traffic. With standard building design guidelines, the proposed project will keep interior noise levels generated from air traffic at a level that is less than significant. Furthermore, as the project will not affect aircraft or airport operations, there will be no increase in the exposure of people in the area to noise levels associated with these sources. Section 3.12 Population and Housing: page 343: paragraph 3 Less than Significant Impact. The project proposes a two -story office development and will serve as a corporate headquarters employing approximately 50 persons. These I ✓ employees are currently working elsewhere in Newport Beach; therefore, no immediate local or regional growth in population or employment will occur. No major infrastructure is needed to serve the proposed project. Therefore, the population growth resulting from the proposed project is not expected to result in a significant impact. • Section 3.16 Utilities and Service Svstems: page 1-53 paragraph 2 Mitigation Measure 3.16 -7: Installation of Ultra -Low Flush Toilets (ULFT) in the residerRial an+'ts development. • Letter of Comment Response to Comment AWORT LAND USE COMMISSION J OiANGE 1. The language contained on page 3-41 Section 3.11 E, Noise has been rM, I revised as shown below. "The project is approximately 1/4-mile southeast of the Airport property boundary line. Within this zone, the height of project is restricted to M, !!. s� 200 feet ancivu mean e hNei or less to ensure the safety of air traffic and ground structures- Because the project is proposed to be 'W, 98 feet in- rneLn sea re!, it will not conflict with iht of dei=, I- -by the Airport ---------- - ---- �j �u - MCLVA�. jfmr:?' Environs Land Use Plan (AELUP). The proposed project lies within Fb I the 60 dBA in CNEL, but outside of the 65 dBA in CNEL, contours generated from airport traffic. With standard building design guidelines, the proposed project will keep interior noise levels generated from air traffic a[ .a level that is less than significant. Furthermore, as the project will not affect aircraft or airport t K- AllAw 4w env d -.iftq all, operations, there will be no increase in the exposure of people in the area to noise levels associated with these sources." ZW Pi. Additionally, the project applicant has filed Form 7460-1 with the CAMUFF �l` f4 Federal Aviation Administration (FAA) on July 26, 2006. In response to this filing, FAA has responded with its determination which found till fUi/t that the proposed project would have no hazard to air navigation. FAA =P Mlllt XI4W,-Pmil i MA 0 0 0 Letter of Comment Response to Comment Mhv ate., }* ,,al ,_.. ,: r� .�.� etiksaar.:,vn/y 2. It is agreed that completion of the FAA 7460 process must be zs„,r_.,. M, jr,;, ,, ty +,•F__, sz„,� t�,t ,k. =,.� , :rte.,..,: .;.,,,:�,�+ •,,h,� •„ •a,� completed prior to the General Plan Amendment decision. However, the timing of the required approvals was not clearly determined at the :n»�u, x .__��.�,,;, s si a .• „ t...__.� �' time of the preparation of the draft IS /MND. As such, the latest date _�:.� ,.�. _,�.,� 2 " "x "" ' "` " "''` ° " ° "` "j '" that could be applied (issuance of building permits) was used in tuaume nme Mitigation Measure 3.7 -1. However, during the public review period, HI"""" "'�` the applicant licant received a determination from the FAA that the project vRI#Ib'N 5X Ytl Y!l`.. .','G' ((t1 SYiLFw,. #nni*R 4 M6 YilF9� r 4 4 jll4KA %Aht •.'.. lF$ ,<n�6 , , ,4g ,J causes no hazard to air navigation (August 29, 2006). On that same . rezc v� <r- rx� °"-"` '`^```" "g `b"°"� ""°` = d5c k�a i&.A -,c6 date, a request was made to the Airport Land Use Commission to M EM rt «et:c 47 E:C tfic yc- r. mara. .t 4a fx determine consistency with the Airport Environs Land Use Plan. The fved, =y,� .Fx +e.,;,� „s k . , %_�;• f,. =sa,.,.3_;r's -K wr,�z „;�„r -;a'.. date requested for this review is September 21, 2006. This date falls �11f7 R `^ a�••- •r.,, =n; e t + «- =- n ++ + +��= awn = between the Planning Commission hearing date of September 7, 2006 in 3 kw. n , ,r sb+n =•t aY f. -.a 'u �... - .1 ,: and the City Council anticipated hearing date of September 26, 2006. s,. K,zi:wa z ,��:� -i» u r =�„a„z- •nor z, .X._a t .Ke While the mitigation measure states that the filing of Form 7460 -1 must occur prior to the issuance of a building permit, this language still allows for the process to take place as discussed in the comment ;,,zn„u .,, • scm:x EK ',... *::,�,„zi r, _ .;�„ � r,,,;�;. letter, with the ALUC making its determination prior to the ' • °'" `-' -'° amendment of the General Plan. 4 ii`gtFtt`4l CG'4CSY i± "+" i{amj4',�5{0.99 �g tV LUt'C.C" ?1MY C 4.F^}..".;,}•j .AID({( fv"W ;n �Nc.tl C +`m:fPdtum� If a= Aynn -: rt :r3}53ar. " "..pi_ i,iioax St C v_•c;l k *1 MAX nurvcr. kM'W i w�zil-a-; m Ar '00, 3. No heliports would be included with the proposed project. k T.',Ctlst Q$. lin•.`\k A tU Ofk'Y;Ij U3 TY�, 3 }.�,C' 31µVk4E:Sl ataYC It Xlti=" -.eP:L Y'A Sw it•'u. 4• Please refer to response to comment #2, above. (G545 .=:?:t vviae xUx,y;_k�a3u'S*„i4:�ti7a' .cv usnt xnY aJS �inba4:snaiFS, %: ' %SC,MVNtaart {,'�'Y/Jnyy 9hP n'v"ssYa tt5oteuT e ttw ✓H =. G4 s '�1eb ft.. Rigrne kxacwsFOa G,T�.zx 0 • Letter of Comment I Resluonse to Comment It should be clarified that although 24,016 square feet is to be transferred, the proposed project would only develop 21,311 square feet. Based on the established criteria utilized by the City of Newport Beach, the proposed project would generate 299 average daily trips (ADT). As discussed in Section 15.40.020 of the City's Municipal Code, one of the objectives of the TPO is to provide a uniform method of analyzing and evaluating the traffic impacts of projects that generate a substantial number of average daily trips and/or peak hour trips. Within Section 15.40.030, there is a discussion of exempted projects. Item number one under this heading is `any project that generates no more than three hundred (300) average daily trips.' The City of Newport Beach has established an average daily trip (ADT) total of 300 or more as substantial requiring the preparation of a traffic impact analysis. Projects with fewer than 300 ADT are exempt from preparing a traffic impact analysis. Because the proposed project results in less than 300 ADT, no traffic impact analysis is required. 6. AM and PM peak hour trips were not included within the environmental analysis prepared for the project. This was primarily due to the fact that the City of Newport Beach's TPO did not require a traffic impact analysis. However, based on the comment letter received, an analysis of anticipated AM and PM peak hour trips is provided below. The rates utilized are taken from the City of Newport Beach Transportation Analysis Model. ANTICIPATED PROJECT - GENERATED TRAFFIC Trip Generation Rates Land Use Sim Unit AM Peak -Hour PM Peak r Daily In Ou[ Total Total General 1.69 0.21 1.90 1.87 14.03 Office Proposed Sim LUn AMPeak Haur kHour " Uaily .Land Use In out Total Total General 21,311 36 4 40 40 299 Office Total 36 4 40 40 299 Source: New or[ Beack Trans ortation Analysis 7. Although a similar project located within the City of I rvine would require a traffic impact analysis, City of Newport Beach requirements indicate that none is required. However, based on the information provided in the table above and assuming an even distribution of trips to the surrounding roadways, the total number of trips would not be substantial enough to add two percent or more of traffic to any streets or intersections within the City of Irvine. i 0 • Letter of Comment Response to Comment rat 9xt se t, M Page 2 ft�e vaf teanty m anayza eu k �t4Md e 8 Please refer to Response to Comments #S and #7, above. 8 MADT aensfer. The 9h Ad dnaaa Ste egL&almft Akt mr4 PMT ha m psvmlarecnnapawWarasikofthspmect mm t« -a me 9. Koll Center Newport Office Site B is bounded b the following P Y g a mwis of h"ote to=vr. roadways (Refer to Figures 2 -I and 2 -2): Birch Street, Von Karmann 9 �. Itlamcleweom the e,eg � ,edNsMaCe Watone.acty whff eft aadwmiwo"fmagemwAywA xea„arerrod ftm moru,w Avenue, MacArthur Boulevard, and Jamboree Road. Please also see at WMV&te Ufa add[Ironel SW" tor,<aga m thM Ske %CN Office site »; the Errata for the proposed project. Dewfibe and show lfte tocetbrs d KCN IXece 31w B on FVgwe Z.t. r <. Qaidywhetlfmwmt € he pmpoesd oetiatocntant z cons�ttart With the laod 10. The proposed project is consistent with the land uses currently 10 davelopnr emepfoacaed�ndt ESearegan The anpMaa;mareC4VC.ene:a L Mee t fv*y dasignoted ir. City of Newpw... Beach's >en w Pler, w Rthe designated within the City of Newport Beach's existing General Plan Plat!Odda a arenty in taocaes and does not rely on the approval of the City's General Plan Update currently in progress. Please also see the Errata for the proposed Tnw�ya w wtzwaw eixwa dwpoposed- project. However, as discussed in Section 3.9, Land Use and Planning, The Crty of tme°Dcu vwd m'emwkxtavaftaamy and &W fiaax the land uses d b Y the project would be compatible with land ro ose proposed P aveMZtinaroai Mtlo aoiect. dyau tmva aay . ro eaae cab me at i949) 72a-7453 w uy �10at kyMe en r=. uses proposed by the General Plan Update. Psrxrer C: Stwm Lmlra. Asa;stzm, City klwn W . Dow All d. Dkedwof Cvm AwAy oem�op mnt OE-,Hain Marty"n't Dkfc rw Public Wor"fe- irolli WrAsel Gomez, OtiBnyr -t W of Fu1Nic Waft (EAv» i hitdtam Head' l menag f e fftrsuv am DBE se"Tes (E~t KafwAt Lau. Sngervhktg Ttmnapwl*aw Aaafpt M -mail Da," R. Law. Seri ,wrm tE -mie:) 5t Sf T. fAWifiv, ServorT2fsspait'tion Aamlyat {Enta83 • 0 0 Letter of Comment Response to Comment CCRPA CalftmmcuttarM Resourm Preservation A, ,me. »mom. �{na�wdhdixswd�9wiaeeamnsWks -,yak a tOtK�rratlea�mWOtibsuda8�er<rud. Aap w 13.20M 1�.aaadiax Uag PEAN?t::d; :;. ;.:: _s�t2r51 ':k�GY AesaclslaPSxane�'. v4nwr� wi GtiY �:.- .-. -.. • AU5 17 3'.WUNrwya2EWlev AM : ', i Tton7mn aa&, CGi 92GSa g:�IS i iFer'.. , Thank r.fktio vw*.Ayw, A��.N«k. oileeew o k&p4 a r,Wpwd Mqaive 11. In compliance with the requirement of Senate Bill 18 to contact, provide notice to, refer plans to, and consult with tribes prior to amendment of a general plan, the City of Newport Beach mailed a t" a'° P" t°""`°"`` ""`"" "'`"`�'� °°�"`"°" "�'""'``�' tribal consultation request describing the proposed general plan a,u�n pmJaa w «ufil re,4uire a (ssnrrW Pivi ra+m�6nm1 �euaie wn ek ear 6ax w amPty �tk tia i t. l` a. iaaieuattw au enGa.ea karod,u <bn page. sa iarcquv'xa WS,�p..�•�,,,,w.��.n..w �,r amendment to the Native American Heritage Commission on August w maw=% na= pla[miwder3aw wd WPMViae P'Atain the 30,2006. r�plu®1>p Maceas t 94usviel. Tur m d mtaerzquvimeMx rN m ®{aP aM ameadavaffefpz'sretPlmutia cove $asa?Qb ma3saa,.Mixp�inaS4sawrseJ3- I t,6�cWr,xudiagaat,ca«us�e �rciauoa ar ".""" 12. Comment noted. sta�my, �. Pad <fa Stun. PIM vraeNrno ' TABLE OF CONTENTS ' Section Page ' 1 INTRODUCT ION ............... ..... ..................... .................... .................... ..... ................ .... ..... ..... 1 -1 1.1 Introduction .......................................................................................... ............................... 1 -1 1.2 Purpose of the Initial Study and MND ................................................. ............................... 1 -1 1.3 Summary of Findings ........................................................................... ............................... 1 -2 2 PROJECT DESCRIPT ION ..................................................... ................... ..... ..................... 2 -1 2.1 Project Location and Environmental Setting ........................................ ............................... 2 -1 2.2 Description of the Proposed Project ..................................................... ............................... 2 -3 2.3 Objectives of the Project .......................................................................... ............................2 -8 2.4 Discretionary Actions ........................................................................... ............................... 2 -8 10 3 ENVIRONMENTAL ANALYSIS .................................................................. ............................... 3-1 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 Aesthetics............................................................... ............................... Agriculture Resources ............................................ ............................... AirQuality ............................................................. ............................... Biological Resources .............................................. ............................... CulturalResources ................................................. ............................... Geologyand Soils .................................................. ............................... Hazards and Hazardous Materials ......................... ............................... Hydrology and Water Quality ............................... ............................... Land Use and Planning .......................................... ............................... MineralResources .................................................. ............................... Noise....................................................................... ......................:........ Population and Housing ......................................... ............................... PublicServices ....................................................... ............................... Recreation.............................................................. ............................... Transportation and Traffic ..................................... ............................... Utilities and Service Systems ................................. ............................... 4 MANDATORY FINDINGS OF SIGNIFICANCE ......... ...... ........ .............. ............................ 4 -1 4.1 Findings .................................................................................................... ............................4 -1 4.2 Mitigation Measures ............................................................................. ............................... 4 -1 5 LIST OF PREPARERS/REFERENCES ...................................................... ............................... 5-1 5.1 Preparers of the Initial Study/NM ........................................................... ............................5 -1 5.2 References ..... : ......................................... . .............................................................................. 5 -1 5.3 Persons Cont acted ...................................................................................... ............................5 -2 6 MITIGATION MONITORING AND REPORTING PROGRAM .......... ............................... 6-1 1 • Koll Company Corporate Headquarters Page i Initial Study and MAID Table of Contents (continued) � A— ENVIRONMENTAL CHECKLIST FORM B— AIR QUALITY ASSESSMENT III �� Koll Company Corporate Headquarters Page if Initial Study and MND LIST OF TABLES LIST OF FIGURES Table Page 3~1 SCAQMD Air Quality Significance Threhsolds .............................................................................. 3~6 3^2 Estimated Daily Construction Emissions ............................................................................................ 3^7 3^3 Eotizoukxd Daily Operational Emissions ..................................................................................... 3-l0 3-4 Project Setback Requirements .................................................................................................... 3~35 3'5 City of Newport Beach Interior and Exterior Noise Standards .................................................. 3~38 3~6 Population Growth ...................................................................................................................... 3~4l 3'7 Regional Projections ......^.................................................3~42 KuDCentcr Newport Land Use Policy Map .............................3^3l III �� Koll Company Corporate Headquarters Page if Initial Study and MND Figure LIST OF FIGURES Page 2^1 Regional and Vicinity Map ............................................................................................................... 2-4 2^2 Existing Site Plan ............................................................................................................................... 2`5 2`3 Proposed Site Plan ............................................................................................................................. 2~6 2-4 81cvwti000...................—............................2^7 3^1 KuDCentcr Newport Land Use Policy Map .............................3^3l III �� Koll Company Corporate Headquarters Page if Initial Study and MND • ,• 1 1 II II II II SECTION 1: INrRODumoN 1.1 INTRODUCTION This Initial Study evaluates and identifies the potential environmental impacts which may result from the proposed Koll Company Corporate Headquarters project ( "proposed project'), in the City of Newport Beach The proposed project site encompasses approximately 64,897 square feet (1.49 acres) within the Airport Area of the City in Koll Center Newport Planned Community, Office Site A, approximately one -half mile south/southeast of John Wayne Airport. The proposed project includes the development of a two -story (40 feet tall) office building totaling 21,311 gross square feet (GSF), 17 subterranean parking spaces, and 94 surface parking spaces on an existing paved parking lot. Discretionary actions required for the project are discussed in Section 2.4 of this Initial Study and briefly listed below: A General Plan Amendment (GP2006 -003) to allow an additional 24,016 GSF of general office within Office Site A for the Koll Center Newport Planned Community in the Estimated Growth for the Airport Area (Statistical Area L4); An amendment to the Koll Center Newport Planned Community (PD 2006 -001) to allow the transfer of 24,016 net square feet (NSF), of unused retail (10,000 NSF), restaurant (9,535 NSF), and office (4,481 NSF) uses from Office Site B to Office Site A; A Use Permit (UP 2006-008) to allow the transfer of development intensity from Office Site B to Office Site A. The proposed commercial/office development is considered a project under the California Environmental Quality Act (CEQA), and the City of Newport Beach is serving as the Lead Agency for the proposed Koll Company Corporate Headquarters project. Section 21067 of CEQA defines a Lead Agency as the public agency that has the principal responsibility for carrying out or approving a.project which may have a significant effect on the environment. The City of Newport Beach is responsible for approving the proposed Project; thus, the City will serve as the Lead Agency, and has the authority to oversee and complete the environmental review process for the proposed Project. 1.2 PURPOSE OF THE MITIGATED NEGATIVE DECLARATION AND INITIAL STUDY As part of the environmental review process for the proposed Project, the City of Newport Beach has authorized the preparation of this Initial Study. The Initial Study provides a basis for understanding whether there are environmental impacts associated with the proposed Project and, if environmental impacts are likely to occur, whether such impacts could be significant. The purposes of this Initial Study, as stated in Section 15063 of the CEQA Guidelines, are as follows: To provide the City of Newport Beach with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR) or Negative Declaration (ND) for the proposed Koll Company Corporate Headquarters Project; To enable the City of Newport Beach to modify the proposed Project, by reducing or eliminating any adverse impacts before an EIR is prepared, thereby enabling the proposed Project to qualify for a negative declaration; • To assist in the preparation of an EIR, if one is required, by focusing the EIR on the effects determined to be significant; identifying effects determined not to be significant; and explaining reasons for • determining that potentially significant effects would not be significant; Koll Company Corporate Headquarters Page 1 -1 1nftl Study and MND Introduction • To identify whether a program EIR, tiering, or another appropriate process can be used for the analysis of the project's environmental effects; • To facilitate the environmental review of the project early in its design; • To provide documentation for findings in a Negative Declaration that the project would not have a significant effect on the environment; • To eliminate unnecessary environmental impact reports; and • To determine whether a previously prepared EIR can be used for the project. Based on the findings of the Initial Study, the City of Newport Beach could then detemvne the subsequent environmental review needed for the proposed Project, which may take the form of a (Mitigated) Negative Declaration (MND/ND) or an EIR. Adoption of the MND ends the environmental review process for the proposed Project by identifying measures or incorporating changes to the proposed Project that would reduce or prevent the proposed Project's potential adverse impact and thereby, eliminating the need for an EIR. 13 SUMMARY OF FINDINGS Based on the findings of the environmental analysis in Section 3 of this Initial Study, the proposed Koll Company Corporate Headquarters Project has the potential for creating significant adverse impacts to '• Cultural Resources, Hazards and Hazardous Materials, Hydrology/Water Quality, Noise, Transportation/Traffic, and Utilities and Service Systems. Mitigation measures have been identified to prevent or reduce these impacts to less than significant levels. These measures are listed below. ' Air Quality The following mitigation measures are recommended to ensure that construction- realted air impacts would ' remain at less than significant levels: Mitigation Measure 3.3 -1: Use pre- coated building materials. ' Mitigation Measure 3.3 -2: Use high pressure -low volume (HPLV) paint applicators with 50 percent efficiency. Mitigation Measure 3.3 -3: Use lower volatility paint not exceeding 100 grams of ROG per liter. ' Mitigation Measure 3.3 -4: During grading activities, any exposed soil areas shall be watered twice per day. On windy days or when fugitive dust can be observed leaving the proposed Project site, additional applications of water shall be applied to, maintain a minimum 12 percent moisture content as defined by ' SCAQMD Rule 403. Under windy conditions where velocities are forecast to exceed 25 miles per hour (as ascertained by phone calls to the SCAQMD), all ground disturbing activities shall be halted until winds that are forecast to abate below this threshold. Mitigation Measure 33-5: The proposed Project shall comply with regional rules such as SCAQMD Rules 402 and 403, which would assist in reducing short -term air pollutant emissions. Rule 403 requires that fugitive dust be controlled with best available control measures so that the presence of such dust does 1 Koll Company Corporate Headquarters Page 1 -2 initial Study and AND Introduction not remain visible in the atmosphere beyond the property line of the emission source. Rule 402 requires dust suppression techniques be implemented to prevent fugitive dust from creating a nuisance offsite. These dust suppression techniques are summarized as follows: a. Portions of the construction site to remain inactive longer than a period of three months shall be seeded and watered until grass cover is grown or otherwise stabilized in a manner acceptable to the City. b. All on -site roads shall be paved as soon as feasible or watered periodically or chemically stabilized. C. All material transported offsite shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. d. The area disturbed by clearing, grading, earthmoving, or excavation operations shall be minimized at all times. Mitigation Measure 3.3-6: All vehicles on the construction site shall travel at speeds less than 15 miles per hour. Mitigation Measure 33-7: All material stockpiles subject to wind erosion during construction activities, that will not be utilized within three days, shall be covered with plastic, an alternative cover deemed equivalent to plastic, or sprayed with a nontoxic chemical stabilizer. I'•Mitigation Measure 33-8: Where vehicles leave the construction site and enter adjacent public streets, the streets shall be swept daily or washed down at the end of the work day to remove soil tracked onto the paved I surface. Any visible track -out extending for more than fifty (50) feet from the access point shall be swept or washed within thirty (30) minutes of deposition. Mitigation Measure 3.3-9: All diesel- powered vehicles and equipment shall be properly operated and maintained. ' Mitigation Measure 3.3 -10: All diesel- powered vehicles and gasoline - powered equipment shall be turned off when not in use for more than five (5) minutes. ' Mitigation Measure 3.3 -11: The construction contractor shall utilize electric or natural gas-p owered equipment instead of gasoline or diesel- powered engines, where feasible. Mitigation Measure 3.3 -12: As much as possible, the construction contractor shall time the construction activities so as not to interfere with peak hour traffic. To minimize obstruction of through traffic lanes adjacent to the site, a flagperson shall be retained to maintain safety adjacent to existing roadways, if necessary. ' Mitigation Measure 33-13: The construction contractor shall support and encourage ridesharing and transit incentives for the construction crew. Mitigation Measure 33 -14: The construction contractor shall utilize as much as possible precoated/natural colored building materials. Water -based or low VOC coatings shall be used that comply with the most • stringent SCAQMD Rule 1113. limits. Spray equipment with high transfer efficiency, such as the high volume- , KoU Company Corporate Headquarters Page I -3 Initial Study and ABM LJ ' • Introduction 1 low pressure 0-rVLP) spray method, or manual coatings application such as paint brush hand roller, trowel, spatula, dauber, rag, or a sponge shall be used to reduce VOC emissions, where practical. ' Mitigation Measure 3.3 -15: If constriction equipment powered by alternative fuel sources (LPG /CNG) is available at comparable cost, the developer shall specify that such equipment be used during all construction activities on the proposed Project site. ' Mitigation Measure 3.3 -16: The developer shall require the use of particulate filters on diesel construction equipment if use of such filters is demonstrated to be cost- competitive for use on this proposed Project. ' Cultural Resources I LI i* L 1 1 1� Mitigation Measure 3.5-1: Prior to the issuance of a grading permit, the applicant shall provide written evidence to the Planning Director that a qualified archaeologist has been retained to observe grading activities and conduct salvage excavation of archaeological resources as necessary. The archaeologist shall be present at the pre - grading conference, shall establish procedures for archaeological resources surveillance, and shall establish, in cooperation with the applicant, procedures for temporarily halting or redirecting work to permit the sampling, identification, and evaluation of the artifacts as appropriate. If additional or unexpected archaeological features are discovered, the archaeologist shall report such findings to the applicant and to the Planning Department. If the archaeological resources are found to be significant, the archaeological observer shall determine appropriate actions, in cooperation with the applicant, for exploration and/or salvage. These actions, as well as final mitigation and disposition of the resources, shall be subject to the approval of the Planning Director. Mitigation Measure 3.5-2: Prior to the issuance of a grading permit, the applicant shall provide written evidence to the planning director that a qualified paleontologist has been retained to observe grading activities and conduct salvage fossils as necessary. The paleontologist shall be present at the pre - grading conference, shall establish procedures for paleontological resource surveillance, and shall establish cooperation with the applicant, procedures for tengwrarily halting or redirecting work to permit the sampling, identification and evaluation of fossils. If major paleontological resources are discovered which require long term baiting or redirecting of grading, the paleontologist shall report such findings to the applicant and to the Planning Department. The paleontologist shall determine appropriate actions, in cooperation with the applicant, which ensure proper exploration and/or salvage. These actions, as well as final mitigation and disposition of the resources, shall be subject to the approval of the Planning Director. Hazards and Hazardous Materials Mitigation Measure 3.7 -1: Prior to the issuance of a building permit for the office building, the Project Applicant shall file Form 7460 -1 with the Federal Aviation Administration (FAA). Upon receiving the FAA determination, the project shall be submitted to -the Orange County Airport Land Use Commission (ALUC) for a determination of consistency. The project may be subject to additional conditions as required by the FAA and/or the ALUC in order to be found in compliance with the John Wayne Airport Environs Land Use Plan. Hydrology/Water Quality Mitigation Measure 3. 8-1: Prior to issuance of grading permits by the City, the Project Applicant shall develop and submit a Notice of Intent (NOI) and Storm Water Pollution Prevention Plan (SWPPP) to the Koll Company Corporate Headquarters Page 1 -4 Intttal Study and MND I ' Introduction ' • Santa Ana RWQCB for compliance with the Statewide NPDES permit for construction activity. The SWPPP shall contain Best Management Practices (BMPs) to be implemented during construction to minimize impacts to local receiving water from pollutants in storm water runoff. Such best management ' practices (BMPs) include use of sandbags; gravel bags, check dams, silt fences, soil binders, erosion control blankets, fiber rolls, riprap pads, and practices that prevent debris and pollutants (loose soils, hazardous materials, oil, grease and solvents, other construction materials) from entering the storm drain system. The Project Applicant shall provide the City of Newport Beach with a copy of the NOI and their application ' check as proof of filing with the RWQCB. Mitigation Measure 3.8 -2: Prior to issuance of grading permits, the Project Applicant shall prepare and ' submit a Water Quality Management Plan (WQMP) for the proposed project, subject to the approval of the Building Department and Code and Water Quality Enforcement Division. The WQMP shall provide appropriate Best Management Practices (BMPs) and design elements to ensure that stormwater runoff is ' minimized to the maximum extent possible and that no violations of water quality standards or waste discharge requirements occur. Noise The following mitigation measures are recommended to reduce construction noise impacts on adjacent ' noise sensitive land uses: Mitigation Measure 3.11 -1: Construction activities shall be confined to the hours of 7:00 a.m. and 6:30 p.m. on weekdays and on Saturdays between the hours of 8:00 a.rrL and 6:00 p.m. '• Mitigation Measure 3.11 -2: Equipment mufflers for construction equipment shall be used at all times. ' Mitigation Measure 3.11 -3: Idling of construction vehicles and equipment shall be limited to the extent feasible. Construction vehicles and equipment shall be properly operated and maintained and shall be turned off when not in use. I ' Transportation and Traffic ' Mitigation Measure 3.15 -1: The parking design shall meet all City requirements regarding parking stall width, parking stall depth, parking aisle grade, and parking aisle - tuming radii. Utilities and Service Systems While adequate water supplies would be available to serve the proposed Project site, the implementation of water conservation measures suggested by the City of Newport Beach, would reduce demand for groundwater, surface water and imported water supplies. These water conservation measures include: Mitigation Measure 3.16 -1: New landscaping shall incorporate drought- tolerant plant materials and drip ' irrigation systems, wherever possible. Mitigation Measure 3.16 -2: Water leaving the user's property due to over - irrigation of landscape, should be minimal. If an incident such as this is reported, a customer service representative will visit the location, investigate, inform resident if possible, leave a note and in some cases shut -off the water. 1 • Koll Company Corporate Headquarters Page 1 -5 ' Initial Study and A&D • lntroduc8on Mitigation Measure 3.16 -3: Watering should be done during the early morning or evening hours to minimize evaporation (between 4:00 p.m. and 9:00 a.m., the following morning). Mitigation Measure 3.164: All leaks are investigated and repaired. Mitigation Measure 3.16 -5: Water should not be used to clean paved surfaces, such as sidewalks, driveways, parking areas, etc., except to alleviate immediate safety or sanitation hazards. Mitigation Measure 3.16 -6: Reclaimed water shall be used wherever available, assuming it is economically feasible. Mitigation Measure 3.16 -7: Installation of Ultra -Low Flush Toilets (ULFT) in the residential units. ' The City of Newport Beach has determined that the proposed Project would not have significant adverse impacts on the environment with the implementation of mitigation measures, and no additional environmental analysis is warranted. The City of Newport Beach would consider adoption of a Mitigated Negative Declaration for the proposed Koll Company Corporate Headquarters Project, with the incorporation of the recommended mitigation measures, as outlined above. 1 10 1 J 1 1� ' Koll Company Corporate Headquarters Page I -6 Initial Study and MAD SECTION 2SPROJECT DESCRIPTION • 2.1 PROJECT LOCATION AND ENVIRONMENTAL SETTING 2.1.1 Regional Setting . Orange County The County of Orange is located in the western section of the Southern California region, and consists of 34 incorporated cities and 29 umincorporated areas on over 798.3 square miles. Orange County is located south of Los Angeles County, east of Riverside County and north of San Diego County. Orange County also includes portions of the Cleveland National Forest, and Chino Hills State Park. From 1970 to 1980, Orange County's resident population grew from 1,421,233 persons to 1,932,700 persons (or by 35 percent). From 1980 to 1990, the County's population grew to 2,410,600 residents or by 24 percent. From 1990 to 2000, population grew by approximately 16 percent, with the County having an estimated 2000 population of 2,846,300 people. Thus, an over twofold increase. in. population occurred in the County from 1970 to 2000. Currently, the County has an estimated 2006 population of 3,072,300 residents (an increase of 8 percent since 2000). Housing growth has also been significant in the County, with a housing stock of 875,105 units in 1990 ' growing to 966,086 housing units by 2000 .(or by 10 percent). Currently, the County has an estimated 1,009,342 housing units (an increase of 4.4 percent fi-om 2000 to 2004). As of January 2004, the Comity had a housing vacancy rate of 3.57 percent and an average household size of 3.07 persons per household. '• City of Newport Beack ' The proposed project site is located in the City of Newport Beach. The City of Newport Beach covers an approximately 50.5 square -mile area and is located in the western portion of Orange County along the Pacific Ocean. ' To the east, the City of Newport Beach is bounded by the Cities of Irvine and Costa Mesa. The City of Huntington Beach borders the City to the west, and the City of Laguna Beach and Crystal Cove State Park/Laguna Coast Wilderness Park border the City to the east. The Pacific Ocean borders the City along ' the entire western edge. Pacific Coast Highway (SR -1) extends along the entire western border of the City in a east west direction. The Costa Mesa Freeway (SR -55), located just north of the City, is the main freeway access to the area and traverses in an north -south direction. Additionally, State Route 73 Freeway (SR -73), in a ' north -south orientation, acts as the eastern border between Newport Beach and the City of Irvine. The City of Newport Beach had a 2000 population of 70,032 persons, an incremental increase of ' approximately 4.7 percent from the 1990 population of 66,70.0. The City currently has an estimated 2006 resident population of approximately 83,400 persons, an increase of 19 percent from the 2000 population. Coupled with the recent population growth of the City is the increase in its housing stock. From 1990 to ' 2000, the number of housing units in Newport Beach rose from 30,860 units to 37,288 units by 2000, a 17.2 percent increase. The most recent (2004) housing stock is estimated at 41,851 dwelling units, and the vacancy rate is approximately 11.1 percent. The average household size is 2.09 persons per household. Santa Barbara Condominiums Page 2 -1 tInitial Study and MND 0 '• 1 The City has an estimated labor force of 48,980 persons as of November 2004, of which 48,090 persons are employed. These persons are expected to be holding jobs within the Newport Beach area. The City of Newport Beach is developed with a mix of land uses, although the majority of the land is developed with residential and recreational land uses. Approximately 114.4 acres of the City is designated for industrial uses, 1,154.6 acres for commercial uses, 446.6 acres for government, educational, and institutional uses, 4,516.4 acres for recreational and environmental open space uses and 5,436.0 acres for residential uses. Vacant land and water account for the remaining 1,335.4 acres of land uses within the City. 2.1.2 Project Area The proposed project site is located on an approximately 64,897 square foot (1.49 acres) site within the Airport Area (Statistical Area L4) in the northern portion of the City of Newport Beach. The project is located approximately one -half mile south/southeast of John Wayne Airport, approximately three-quarters of a mile north/northeast of State Route 73 (SR -73), approximately one -half mile northwest of Jamboree Road, and approximately one mile south /southwest of Interstate 405 (1405) Ofture 2-1). The proposed project would be located at 4450 MacArthur Boulevard. The Airport Area (Statistical Area L4) is divided into three Planned Communities: 1) Koll Center Newport; 2) Newport Place; and 3) Campus Drive. The proposed project is located in the approximately 179 -acre Koll Center Newport (KCN) Planned Community, which is divided into multiple sub - areas. The project is located in the 30.9 -acre sub -area known as KCN Office Site A, which is bounded by MacArthur Boulevard to the west, Birch Street to the north and northeast, and Von Karman Avenue to the east and south The project site is located on the approximately 64,897 square foot (1.49 acres) in the central portion of Office Site A, abutting MacArthur Boulevard and the entry drive to Office Site A from MacArthur Boulevard between Birch Street and Van Karman Avenue. The proposed project site has a land use designation of Administrative, Professional, and Financial Commercial (APF) in the existing Newport Beach General Plan. The proposed General Plan Update (GPU) to be approved by the City designates the project site as Mixed Use Horizontal 2 (MU -112), which provides for horizontal mixing of uses that may include regional commercial office, vertical mixed use buildings, industry, hotels, neighborhood commercial areas and a maximum of 2,200 high density residential units as replacement of existing office, retail, and industrial uses. According to the City of Newport Beach Zoning Code, the zoning designation for the proposed project site is Planned Community 15 — Koll Center. The use regulations, development standards, parking requirements, and other regulations outlined in the Planned Community Development Standards for Koll Center Newport control the type of development allowed on the proposed project site. The proposed project site is currently surrounded by a variety. of land uses, primarily including Administrative, Professional and Financial Commercial (APF), as well as Retail and Service Commercial (RSC), General Industry (IND), and Government, Educational, and Institutional Facilities (GEIF). The proposed General Plan Update designates the land uses surrounding the proposed project site MU -112. Nearby uses include the existing 10 -story Fairmont Hotel directly to the northeast and east, the approximately 7 -10 story Radisson Hotel buildings across MacArthur Boulevard to the northwest, paved surface parking lots to the north and south, and an existing nine -story office building and associated two -story parking structure to the southeast. South of the proposed project site at the intersection of MacArthur Boulevard and Von Karman Avenue is the Pacific Club, a private members only club with dining and athletic facilities. Koll Company Corporate Headquarters Page 2 -2 Initial Study and MND Project Description The proposed project site is currently improved with paved surface parking, ornamental landscaping and trees, and hardscape area surrounding the existing 9 -story office building (Figure 2-2). The proposed two -story office building would replace the existing surface parking spaces and ornamental landscaping and trees in the northern portion of the project site while additional surface parking spaces would replace the existing ornamental landscaping and trees and hardscape area in the southern portion of the project site near the existing 9 -story office building. The proposed project site has a relatively flat terrain due to past grading and site development activities associated with the existing use of the site. On -site elevations range from approximately 47.5 to 48.5 feet. Vehicle and pedestrian access is provided by the entry drive that provides access from MacArthur Boulevard to the internal circulation system of Office Site A. A driveway connects the northeast portion of the project site with the internal circulation system of Office Site A. Regional access to the proposed project site is provided by Interstate 405 (I -405) via MacArthur Boulevard or the San Joaquin Trills Transportation Corridor (SR -73) via Jamboree Road and MacArthur Boulevard.. The Costa Mesa Freeway (SR -55), which is the main transportation corridor in Newport Beach, is approximately 1.25 miles northwest of the proposed project site. 2.2 DESCRIPTION OF TI3E PROPOSED PROJECT The proposed project includes the development of a two -story (40 -feet tall), 21,311 gross square foot (GSF) ' office building above one subterranean parking level consisting of 18 spaces (Figure 2 -3) on the approximately 64,897 square foot (1.49 acres) site. The remaining 54,197 square foot (1.24 acres) of the site 'includes 98 parking spaces and ornamental landscapmg and trees. The proposed project requires a General Plan Amendment (GP2006 -003) to allow an additional 24,016 GSF of general office within Office Site A for the r• Koll Center Newport of the Airport Area (Statistical Area L-4); however, the proposed project would only utilize 21,311 square feet of this area. The proposed project would also require an amendment to the Koll Center Newport Planned Community (PD 2006-0001) to allow the transfer of 24,016 net square feet (NSF) of r unused retail (10,000 NSF), restaurant (9,535 NSF), and office (4,481 NSF) uses from Office Site B to Office S ite A. A Use Permit (UP 2006 -008) is also required to allow the transfer of development intensity from Office Site B to Office Site A within the Koll Center Newport Planned Community. rOffice r The proposed two -story office building totals 21,311 GSF over one subterranean level of parking. The footprint of the office building totals I0,700 GSF. The small scale structure features a modern, contemporary architecture designed to be compatible with the large scale office and hotel structures that ' surround the project site to the northwest, northeast, and south. The architectural design consists of glass and stone or stone -like fascia and wall elements. The U- shaped masking articulation contrasts the structure's horizontal emphasis with the two -story, glass colonnade at the building entry (Figure 24). rParking The proposed project includes 10,300 NSF of subterranean parking below the office building and re- design of r the existing common area parking spaces. The project site would provide 17 subterranean parking spaces and 94 surface parking spaces. �r r' Koff Company Corporate Headquarters Page 2 -3 rInitial Study and MND ®STA R / MESAp� / JOHN WAYNE i INTERNATIONAL / AIRPORT I GaF Co ory i� 5� r . Feet 0 500 1,000 2,000 The Koll Company Headquarters ' Koll Center Newport a IRVINE Location and 5 Figure 2 -1 September 2006 The Koll Company Headquarters Koll Center Newport Figure 2 -2 ng Site Plan September 2006 .ij Figure 2 -3 N® Proposed Site Plan The Koll Company Headquarters September 2M6 Koll Center Newport Project Description 0 Landscaping The proposed project would provide approximately 16,844 square feet of area for ornamental landscaping and trees. The proposed landscaping would integrate the project with the mature landscaping of Koll Center Newport by maintaining and complimenting the existing Eucalyptus and Liquidambar tree vocabulary and ground cover /shrub foundation planting. Complimentary accent specimen landscaping will provide visual focus at the building's main plaza and entry. 23 OBJECTIVES OF THE PROJECT The proposed Koll Company Corporate Headquarters project seeks to accomplish the following objectives with the proposed Koll Company Corporate Headquarters project: ■ To encourage development of the proposed project site with office uses that are attractive and are of high quality working environments for employees; ■ To provide office uses to serve the surrounding neighborhood and community; and ■ To accommodate employment in proximity to residential, supporting services and other aspects of a mixed -use community that is pedestrian- oriented and enhances livability. 2A DISCRETIONARYACTIONS A discretionary action is a decision taken by a government agency that calls for the exercise of judgement in deciding whether to approve a project. For this proposed project, the government agencies with discretionary approval authority are the City of Newport Beach and the John Wayne Airport (JWA) Airport Land Use �• Commission. To accomplish development of the proposed project discussed above, the following actions would be made by ' the City of Newport Beach ■ General Plan Amendment No. 2006 -003 — KCN Office Site A has achieved the maximum ' development capacity allowed per the existing General Plan. Consequently, the proposed project would require a General Plan Amendment to allow an additional 24,016 GSF of development capacity within KCN Office Site A. This addition would allow for the proposed 21,311 GSF office building. ■ Koll Center Newport Planned Community Amendment 2006 -001 — The project proposes to transfer unused square footage from the adjacent KCN Office Site B to KCN Office Site A to accommodate the proposed project. An amendment to the KCN PC is required and would include the following: • An amendment to the Koll Center Newport Planned Community to allow the transfer of 24,016 net square feet (NSF) of unused retail (10,000 NSF), restaurant (9,535 NSF), and office (4,481 NSF) uses from Office Site B to Office Site A; ■ Use Permit 2006 -008- To allow the transfer of development intensity from Office Site B to Office Site A. To accomplish development of the proposed project discussed above, the following actions would be made by the JWA Airport Land Use Commission: ■ Airport Environs Land Use Plan (AELUP) Consistency Determination — Based on the project's proximity to the John Wayne Airport, a determination must be made the Airport Land Use Commission Koff Company Corporate Headquarters Initial Study and MND I ' Project Description • (ALUC) to ensure that the proposed project is consistent with AELUP. Actions that must be taken by the ALUC include the following: • Per Public Utilities Code 21676(b), prior to the amendment of a general plan or specific plan within ' the planning boundary established by the ALUC, the local agency shall first refer the proposed action to the ALUC. This project is within the airport planning area for JWA and requires a General Plan Amendment. ' • Additionally, the proposed project penetrates the Notification Surface for JWA at the 100:1 slope and therefore requires filing of FAA Form 7460 -1. Per the JWA AELUP, the project's penetration ' of the 100:1 imaginary surface for notice to the FAA as defined in FAR Part 77.13 requires that the project must also be submitted to the ALUC. To accomplish development of the proposed project discussed above, the following actions would be made by the Santa Ana Regional Water Quality Control Board: ■ Santa Ana Regional Water Quality Control Board ( RWQCB) — The City of Newport Beach is a co- ' pernritee with the County of Orange for the National Pollutant Discharge Elimination System (NPDES). Accordingly, the Project Applicant would be. required to comply with all applicable federal, state, regional, and local regulations to protect water quality during construction and operation of the proposed project. In order to comply with these requirements the proposed project would require the following: I • Development and submittal of a Notice of Intent (NO]) and Storm Water Pollution Prevention Plan (SWPPP) to the Santa Ana RWQCB for compliance with the Statewide .NPDES permit for construction activity. 1 1 t • Koll Company Corporate Headquarters Page 2 -9 ` Initial Study and UND • SECTION 3: ENYIRoNMENTAL ANALYSIS This section of the Initial Study evaluates the potential environmental impacts of the proposed project and provides explanations of the responses to the Environmental Checklist found in Appendix A of this document. The Environmental Checklist is based on Appendix G of the CEQA Guidelines. Appendix G of the CEQA Guidelines provides a list of checklist questions that correspond directly to the legal standards for preparing Environmental Impact Reports (EIRs), Negative Declarations, and Mitigated Negative Declarations (MNDs). The environmental issues evaluated in this Initial Study include the following: • Aesthetics • Agriculture Resources • Air Quality • Biological Resources • Cultural Resources • Geology and Soils Hazards and Hazardous Materials • Hydrology and Water Quality • Land Use and Planning • Mineral Resources • Noise • Population and Housing • Public Services • Recreation • Transportation/ Traffic • Utilities and Service Systems The environmental analysis in this section is patterned after the questions in the Environmental Checklist. 1 Under each issue area, a general discussion of the existing conditions is provided. The Environmental Checklist questions are then stated and an answer is provided according to the environmental analysis of the proposed project's impacts. To each question, there are four possible responses: ■ No Impact. The proposed project will not have any measurable environmental impact on the environment. ' • Less Than Significant Impact. The proposed project will have the potential for impacting the environment, although this impact will be below thresholds that may be considered significant. ■ Less Than Significant Impact with Mitigation. The proposed project will have potentially significant adverse impacts which may exceed established thresholds, although mitigation measures or changes to ' the proposed project's physical or operational characteristics will reduce these impacts to levels that are less than significant. Measures that may reduce this impact are identified. • Potentially Significant Impact. The proposed project will have impacts that are considered significant and additional analysis is required to identify mitigation measures that could reduce these impacts to insignificant levels. When an impact is determined to be potentially significant in the preliminary analysis, the environmental issue will be subject to detailed analysis in an environmental impact report (EIR). The references and sources used in the analysis are provided after the response to each question. Koll Company Corporate Headquarters Page 3 -1 Initial Study and MND I 1 Environmental Analysis 3.1 AESTHETICS The proposed project site is located in an existing urban area surrounded by a mix of office, retail service and commercial, industrial, and institutional uses. The proposed project site is an approximately 1.49 -acre (64,897 square feet) area bounded by MacArthur Boulevard to the west, paved surface parking areas to the north and south, the 10 -story Fairmont Hotel to the northeast, and a nine -story office building and parking structure to the southeast. The site is currently improved with common area surface parking spaces serving the existing nine -story office building, ornamental landscaping and trees, and the hardscape area abutting the existing nine -story office building. The site was subject to grading during previous development of the site and is relatively flat. On -site elevations range from 47.5 to 48.5 feet above mean sea level (amsl). MacArthur Boulevard is developed as a six -lane divided roadway with contiguous sidewalks and landscaped parkways. The landscaped parkways provided beyond the sidewalks are planted with ornamental vegetation primarily including grass and trees. There are no overhead power lines crossing over the site or adjacent to the site along the roadways. Views of the site from MacArthur Boulevard are slightly obstructed by tall trees lining the western and northern edge of the site; however, partial views of the existing parking area are visible. Von Karman Avenue is an existing four -lane road that generally runs north -to -south to the east of the proposed project site. The project site is not visible from Von Karman Avenue due to the height and bulk of the existing structures located to the northeast, east, and southeast. Views from the site include the existing nine -story office building and associated parking structure to the southeast, the 10 -story Fairmont Hotel to the northeast, the approximately seven- and 10 -story Radisson Hotel buildings across MacArthur Boulevard to the northwest, paved surface parking areas to the north and south and the low -rise commercial structures across MacArthur Boulevard to the west. (Sources: Site Survey, Project Plans, and Aerial Photograph) I AL Would the project have a substantial adverse effect on a scenic vista? I Less than Significant Impact. The City of Newport Beach features scenic vistas of the following visual resources: the Pacific Ocean and coastline; the City's bay and harbor areas; plant and animal habitat areas; unique topographical resources like bluffs, mountains, hillsides, and canyons; and undeveloped land. These scenic vistas are available from the public view points, coastal view roads, and view parks identified in the proposed General Plan Update, as well as from private property. No scenic vistas or visual resources are located on or within the vicinity of the proposed project site. The project is located in the northern portion of the City in the Airport Area, which is characterized by relatively level terrain and existing urban development. Potential long- distance views of the Santa Ana MormWns to the north of the project site are obstructed by existing structures. According to the City of Newport Beach, a `bluff' is any landforin having an average slope of 26.6 degrees (50 percent) or greater, with a vertical rise of 25 feet or greater. The proposed project is relatively flat with on -site elevations increasing by only one -foot from low point to high point. The terrain of the surrounding area is generally comparable to the level terrain of the proposed project site. There are no existing bluff areas on or adjacent to the proposed project site. Views from the proposed project site would be of the surrounding land uses and structures, which are not considered scenic resources. The proposed project would not cause impacts to any scenic vista. The proposed project would change the existing use of the site from paved surface parking spaces and ornamental landscape and hardscape areas to a two -story (40 -feet tall) office building with one level of • subterranean parking surrounded by surface parking areas and ornamental landscaping and trees. The proposed office building would feature modern, contemporary architecture comprised of glass and stone or stone -like fascia and wall elements to compliment the existing structures in the area. The proposed landscaping would be Koll Company Corporate Headquarters Page 3 -2 Initial Study and MND I Environmental Analysis • comprised of tree and gromdcover /shrub species that compliment the existing landscaping of the existing site ' and surrounding area. The proposed structure and trees may block existing views of MacArthur Boulevard and the buildings surrounding the project site from adjacent land uses; however, none of the buildings surrounding neither the site nor MacArthur Boulevard are considered scenic resources. Thus, the proposed project would result in less than significant impacts to existing views from land uses adjacent to the proposed project site. (Sources: Proposed Newport Beach General Plan Update, Project Plans, and Site Survey) ' B. Would the project substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? No Impact. There are no officially designated state scenic highways within the City of Newport Beach, and one highway — State Route 1 (SR -1) — is identified as eligible for state scenic highway designation. However, SR -1 is located over four miles from the proposed project site; none of the roadways surrounding the proposed project site are officially designated — or identified as eligible — for state scenic highway designation. Furthermore, no rock outcroppings or historic buildings are found along or near the proposed project site. Existing on -site trees may need to be removed as part of the proposed project during grading, excavation, and 1 construction activities. However, these trees are part of the site's ornamental landscaping and are not considered a scenic resource. Furthermore, the project proposes additional trees that would compliment the existing Eucalyptus and Liquidambar tree vocabulary of the proposed site and adjacent areas. Therefore, the proposed project would not impact scenic resources within a state scenic highway. (Sources: Proposed Newport Beach General Plan Update Environmental Impact Report, Site Survey, Project Pltms, and California State Scenic Highway Mapping System) C. Would the project substantially degrade the existing visual character or quality of the site and Its surroundings? ILess than Significant Impact. The proposed project would alter the visual quality of the proposed project site. A two -story (40 feet tall) office building with a building footprint of approximately 10,700 gross square feet (GSF) would cover the existing paved surface parking spaces. As discussed in Section 31.A, the proposed architecture would compliment the architecture of existing surrounding structures. The ornamental trees and groundcover /shrub species provided on the proposed project site would not be ' substantially different as a result of the proposed project, and would be consistent with the existing mature tree and groundcover /shrub species currently used for landscaping on the proposed site and in the surrounding area. Thus, the visual character of the site and the quality of the site and its surroundings 1 would not be substantially degraded by the proposed project. On a short-term basis, during the approximately 12 -month construction period, the proposed project site would be subject to construction activities. Views of disturbed areas with construction materials and equipment, grading, and excavated soil would be visible to passers -by. This change in the visual environment is short-term and is not considered 1 significant. The proposed project would not substantially degrade the existing visual character or quality of the site and its surroundings. A less than significant impact would occur. ' (Sources: Site Survey, Aerial Photographs, and Project Plans) D. Would the project create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? • Less than Significant Impact. Existing sources of light and glare on the project site include security lighting for the existing surface parking spaces and headlights from vehicles traveling along MacArthur Boulevard. The proposed project would include interior and exterior lighting associated with the office Koll Company Corporate Headquarters - Page 3 -3 1 Initial Study and MND Environmental • building and security lighting of the proposed surface parking spaces. Lighting on the proposed project site would be detectable from adjacent areas. However, the proposed project site is located in an existing urban area and would not exceed the levels of lighting emitted by surrounding land uses. Furthermore, all lighting elements would be consistent with the requirements of Title 24, Parts 1 and 6 of the California Code of Regulations, which requires a lighting plan depicting the type of lighting fixture to be used including the fixture configuration and lens. 1• II II 1 II In addition, the proposed building materials would not create the potential for substantial glare resulting from reflection of the sun. Although glass would be used for windows and some doors, the glass would not be mirrored (i.e., clear or tinted glass would be used). Sunlight reflected from architectural elements of the proposed project would not be strong or direct enough light to reduce the ability to see or identify objects nor would it produce ocular discomfort; thus, it would not be considered substantial glare. Therefore, the proposed project would not result in an impact of light or glare that would affect day or nighttime views.' (Sources: Site Survey and Project Plans) 3.2 AGRICULTURE RESOURCES The California Department of Conservation Farmland Mapping and Monitoring Program (FMMP) develops statistical data for analyzing impacts on California's agricultural resources, for use by decision makers in assessing the present status, reviewing trends, and planning for the future of California's agricultural land resources. According to the California Department of Conservation FMMP, there are no agricultural land resources within the City of Newport Beach and the proposed project area is designated as Urban and Built - up Land. (Sources: Newport Beach General Plan, California Department of Conservation Farmland Mapping and Monitoring Program and Site Survey) A. Would the project 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? No Impact. According to the City's existing General Plan and proposed General Plan Update, the proposed project site is designated as Administrative, Professional and Financial Commercial (APF) and Mixed Use Horizontal 2 (MU -H2), respectively. Neither designation permits agricultural uses. Furthermore, the proposed project site has been used as a paved surface parking lot for over two decades. In addition, no Prime Farmland, Farmland of State or Local Importance, or Unique Farmland occurs within or near the proposed project area. Since the proposed project site is not used for agriculture and is not Prime Farmland, Unique Farmland, or Farmland of Statewide Importance, the proposed project would not result in converting farmlands to a non - agricultural use. The adjacent areas are not designated as Prime, Unique, or Statewide Important Farmland under the Farmland Mapping and Monitoring Program of the California Resources Agency or in the Newport Beach General Plan. Thus, no impact on important farmlands would occur as a result of the proposed project. (Sources: Newport Beach General Plan, Proposed General Plan Update, California Department of Conservation Farmland Mapping and Monitoring Program, and Site Survey) • B. Would the project .conflict with existing zoning for agricultural use, or a Williamson Act contract? Koll Company Corporate Headquarters Page 3-4 Initial Study and MND Environmental Analysis . No Impact. According to the City's existing General Plan and proposed General Plan update, the proposed project site is designated as Administrative, Professional and Financial Commercial (AP.F) and Mixed Use Horizontal 2 (MU -112), respectively. Neither designation permits agricultural uses. The existing zoning designation for the site is Planned Community 15 — Koll Center Newport, which does not allow agricultural uses. ,• 1 1 1 1 1 1� According to the existing and proposed General Plan documents, there is no designated farmland within the area surrounding the proposed project site. Light farming uses and crop production are allowed within the City's R -A (Residential — Agricultural) zone. However, the R -A zone is not located on or near the proposed project site. Areas adjacent to the project site are primarily designated as APF, but also as Retail and Service Commercial, General Industry, and Government, Educational, and Institutional Facilities on the City's existing General Land Use Plan map; the proposed General Plan Update designates these areas as Mixed Use Horizontal 2. Furthermore, the'area surrounding the site is zoned as Planned Community 15 — Koll Center Newport, which does not allow agricultural uses. In addition, there are no lands under a Williamson Act contract on or near the site. With the absence of agricultural areas on or near the site, no conflict with existing zoning for agricultural use or contracts under the Williamson Act could occur. No conflict with existing zoning for agricultural use or a Williamson Act contract would occur as a result of the proposed project; no impacts associated with this issue would occur. (Sources: General Land Use Plan of the existing and proposed Newport Beach General Plan, California Department of Conservation Farmland Mapping and Monitoring Program, Newport Beach Zoning Map, and Site Survey) C. Would the project 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 As discussed in Section 3.2.13, the site is not being used for any agricultural purposes and is not designated as agricultural land. Since there is no farmland or agricultural uses on the proposed project site, or within the vicinity of the proposed project site, the proposed project would not involve changes in the existing environment that could result in the conversion of farmland to a nonagricultural use. No impact would occur as a result of the proposed project. (Solaces: General Land Use Plan of the existing and proposed Newport Beach General Plan, California Department of Conservation Farmland Mapping and Monitoring Program, and Site Survey) K1Rl,\ t &I ii 1_yli Y A limited Air Quality Analysis for the proposed project was prepared by EDAW hic in July 2006 to identify existing air quality conditions on and around the site, as well as analyze the proposed project's potential impacts on air quality. The analysis consisted of documenting project related trips, construction equipment and operation emissions using the URBEMIS modeling programs. ' The findings of the model are summarized below, and the complete data is provided in Appendix B at the end of this document. The climate of Orange County, as with all of Southern California, is governed largely by the strength and location of the semi - permanent high pressure center over the Pacific Ocean and the moderating effects of the nearby vast oceanic heat reservoir. Local climatic conditions in Newport Beach are characterized by a Mediterranean climate with average temperatures of 61 degrees annually, infrequent rainfall, and moderate daytime on -shore breezes. Nighttime breezes generally slow and reverse to become offshore breezes. The average annual rainfall is approximately 12 inches. Koll Company Corporate Headquarters Page 3 -5 ' Initial Study and MND '• 1 L-J i Environmental The proposed project site lies within the South Coast Air Basin (Basin), which is managed by the South Coast Air Quality Management District ( SCAQMD). Annual average temperatures in the SCAB are 62 to 65 degrees Fahrenheit. The SCAQMD is the agency responsible for protecting the public health and welfare through the administration of federal and state air quality laws and policies. Included in the SCAQMD's tasks are the monitoring of air pollution, the preparation and implementation of the Basin's Air Quality Management Plan (AQMP), and the promulgation of Rules and Regulations. State and Federal agencies have set ambient air quality standards for various pollutants. Both California Ambient Air Quality Standards and National Ambient Air Quality Standards have been established to protect the public health and welfare. The SCAQMD has prepared the CEQA Air Quality Handbook to provide guidance to those who analyze the air quality impacts related to proposed projects that may generate air emissions of criteria pollutants and provides significance thresholds. These thresholds, as shown in Table 3 -1, are based, in part, on Section 182(e) of the Federal Clean Air Act. TABLE 3 -1. SCAQMD AIR QUALITY SIGNIFICANCE THRESHOLDS Pollutant Construction 550 150 TACs Maximum Incremental Cancer Risk 2: 10 in 1 million (including carcinogens Hazard Index ? 1.0 (project increment) and non - carcinogens) I Hazard Index >_ 3.0 (facility-wide) Odor I Project creates an odor nuisance pursuant to SCAQMD Rule 402 NOZ SCAQMD is in attainment; project is significant if it causes or contributes in excess of the following attainment standards: 1 -hour average 0.25 ppm (State) annual average 0.053 ppm (Federal) PMI0 10.4 µg/m3 (recommended for construction) 24 -hour average 2.5 pg/m3 (operation) annual geometric average 1.0 µg/m3 annual arithmetic mean 20 µg/m3 Sulfate 24 -hour average 25 µg/m3 CO SCAQMD is in attainment; project is significant if it causes or contributes in excess of the following attainment standards: I -hour average 20 ppm (State) 8 -hour average 9.0 ppm (State/Federal) lbs /day = pounds per day; ppm = parts per million; cubic meter Koll Company Corporate Headquarters Page 3 -6 ' Initial Study and MND 0 0 Environmental Analysis • Specific air quality impacts related to criteria pollutants are discussed in the following emissions analysis. ' (Sources: Air Quality Analysis) A. Would the project conflict with or obstruct implementation of the applicable air quality plan? Less than Significant Impact. Consistency with an AQMP is typically determined by two standards. The ' first standard is whether the project would exceed assumptions contained in the AQMP. The second standard is whether the project would increase the frequency or severity of violation of existing air quality violations, contribute to new violations, or delay the timely attainment of air quality standards or interim reductions as specified in the AQMP. The AQMP assumes specific emissions from the operation of certain land uses, e.g., residential, retail, 1 office, institutional, and industrial. As the proposed project would not alter the existing land use designation, it is assumed the proposed project would not exceed the land use assumptions contained in the AQMP. Emissions for construction and operation (long -term post - construction activities) of the proposed project were quantified using URBEMIS2002, a computer program used to estimate vehicle trips, emissions, and fuel use resulting from land use development projects (CARB 2005). URBEMIS computes emissions of ' reactive organic gases (ROG), NOx, CO, SO2, and PMro. On a project of this type, SO2 emissions would be negligible and are not included in the analysis below. URBEMIS; does not calculate PM2.5 emissions. Appendix B includes construction equipment assumptions and air quality calculations. ,+ Construction Emissions Excavation and grading activities would generate fugitive dust including PMio. Operation of diesel- engine construction equipment on -site, hauling of demolition spoils and exported and imported soils and materials to and from the site, and construction crew traffic would generate emissions of ROG, NOx, CO, and PM,o. ' Estimated construction- related mass emissions for each component of the expansion are shown in Table 3- 2. TABLE 3 -2. ESTIMATED DAILY CONSTRUCTION EMISSIONS J I As shown in Table 3 -2, construction emissions associated with the proposed project would not exceed SCAQMD thresholds. In addition, construction emissions would be short-term relative to the long -term • operation of the project (i.e., limited only to the period when construction activity takes place). As such, construction emissions associated with the proposed project would represent a less than significant impact on air quality in the Basin. However, in order to ensure that the proposed project's impacts remain less than significant, the following mitigation measures are recommended. KoR Company Corporate Headquarters Page 3 -7 ' Initial Study and MND • 1 L LJ 1 r, I Environmental Mitigation Implementation of the following mitigation measure would ensure that potentially significant impacts to air quality remain below a level of significance: Mitigation Measure 3.3-1: Use pre - coated building materials. Mitigation Measure 3.3 -2: Use high pressure -low volume (HPLV) paint applicators with 50 percent efficiency. Mitigation Measure 3.33: Use lower volatility paint not exceeding 100 grams of ROG per liter. Mitigation Measure 134: During grading activities, any exposed soil areas shall be watered twice per day. On windy days or when fugitive dust can be observed leaving the proposed Project site, additional applications of water shall be applied to maintain a minimum 12 percent moisture content as defined by SCAQMD Rule 403. Under windy conditions where velocities are forecast to exceed 25 miles per hour (as ascertained by phone calls to the SCAQMD), all ground disturbing activities shall be halted until winds that are forecast to abate below this threshold. Mitigation Measure 33-5: The proposed Project shall comply with regional rules such as SCAQMD Rules 402 and 403, which would assist in reducing short-term air pollutant emissions. Rule 403 requires that fugitive dust be controlled with best available control measures so that the presence of such dust does not remain visible in the atmosphere beyond the property line of the emission source. Rule 402 requires dust suppression techniques be implemented to prevent fugitive dust from creating a nuisance offsite. These dust suppression techniques are summarized as follows: a. Portions of the construction site to remain inactive longer than a period of three months shall be seeded and watered until grass cover is grown or otherwise stabilized in a manner acceptable to the City. b. All on -site roads shall be paved as soon as feasible or watered periodically or chemically stabilized. C. All material transported offsite shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. d. The area disturbed by clearing, grading, earthmoving, or excavation operations shall be minimized at all times. Mitigation Measure 3.3-6: All vehicles on the construction site shall travel at speeds less than 15 miles per hour. Mitigation Measure 3.3 -7: All material stockpiles subject to wind erosion during construction activities, that will not be utilized within three days, shall be covered with plastic, an alternative cover deemed equivalent to plastic, or sprayed with a nontoxic chemical stabilizer. Mitigation Measure 3.3 -8: Where vehicles leave the construction site and enter adjacent public streets, the streets shall be swept daily or washed down at the end of the work day to remove soil tracked onto the paved surface. Any visible track -out extending for more than fifty (50) feet from the access point shall be swept or washed within thirty (30) minutes of deposition. Ka1! Company Corporate Headquarters Page 3-8 Initial Study and MND Environmental Analysis • Mitigation Measure 3.3 -9: All diesel- powered vehicles and equipment shall be properly operated and maintained. Mitigation Measure 3.3 -10: All diesel- powered vehicles and gasoline - powered equipment shall be turned off when not in use for more than five (5) minutes. Mitigation Measure 3.3 -11: The construction contractor shall utilize electric or natural gas powered equipment instead of gasoline or diesel- powered engines, where feasible. Mitigation Measure 3.3 -12: As much as possible, the construction contractor shall time the construction activities so as not to interfere with peak hour. traffic. To minimize obstruction of through -traffic lanes adjacent to the site, a flagperson shall be retained to maintain safety adjacent to existing roadways, if necessary. Wftation Measure 3.3 -13: The construction contractor shall support and encourage ridesharing and transit incentives for the construction crew. ■ Mitigation Measure 3.3 -14: The construction contractor shall utilize as much as possible pre - coated/natural colored building materials. Water -based or low VOC coatings shall be used that comply with the most stringent SCAQMD Rule 1113 limits. Spray equipment with high transfer efficiency, such as the high volume -low pressure (HVLP) spray method, or manual coatings application such as paint brush hand roller, trowel, spatula, dauber, rag, or a sponge shall be used to reduce VOC '• emissions, where practical. 11Titigation Measure 3.3 -15: If construction equipment powered by alternative fuel sources ' (LPG /CNG) is available at comparable cost, the developer shall specify that such equipment be used during all construction activities on the proposed Project site. Mitigation Measure 3.3 -16: The developer shall require the use of particulate filters on diesel ' construction equipment if use of such filters is demonstrated to be cost-competitive for use on this proposed Project. 1 1� Implementation of the mitigation measures outlined above would ensure emissions from construction activities remain less than significant. Operational Emissions Long -term air quality impacts are those associated with the change in long -term use of the project site. Two types of air pollutant sources must be considered with respect to the proposed project:. 1) area source emissions and 2) mobile source emissions. Area source emissions result from natural gas use for heating and lighting, exhaust emissions from landscape maintenance equipment, and ROG emissions from periodic repainting of facilities. Mobile source emissions result from vehicle trips, including employees, visitors, deliveries, and maintenance activities. Area source emissions were calculated based on land -use characteristics. Vehicle trip volumes were taken from the City's Newport Beach Traffic Analysis Model (NBTAM). Estimated operational - related mass emissions for both components of the proposed expansion are shown in Table 3 -3. Koll Company Corporate Headquarters Page 3 -9 Initial Study and AND 0 0 Environmental • TABLE 3 -3. ESTIMATED DAILY OPERATIONAL EMISSIONS o a. �� of Mobile - Source ® ®�® As shown in Table 3 -3, mass emissions from vehicle trips and operation and maintenance of the proposed project would be less than SCAQMD thresholds for operation. Thus, operational - related emissions would represent a less than significant impact on air quality. As the proposed project would not exceed the assumptions contained in the SCAQMD's AQMP, the proposed project would not conflict with the AQMP, and while the project would create new air emissions, neither the construction nor the operation of the proposed project would exceed the applicable thresholds set by the SCAQMD, thus the proposed project would have a less than significant impact on the implementation of the AQMP. (Source: Air Quality Analysis) ,• B. Would the project violate any air quality standard or contribute substantially to an existing or projected air quality violation? ' Less than Significant Impact. As shown in Tables 3 -2 and 3 -3, neither construction nor operation of the proposed project would exceed SCAQ1vD's mass emission thresholds of significance, which are designed to prevent projects from obstructing the Basin's compliance with Federal and State ambient air quality ' standards. Additionally, the estimated emissions for the proposed project are well below the SCAQMD thresholds. Therefore, the proposed project would not cause or contribute to an exiting or projected air quality violation and the proposed project would have a less than significant impact on air quality. ' (Source: Air Quality Analysis) C. Would the project result in a cumulatively considerable net increase of any criteria pollutant for which the region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions, which exceed quantitative thresholds for ozone precursors)? Less than Significant Impact. As shown in Section 3.3A, the proposed project would not exceed the applicable thresholds or result in violations of the state or federal ambient air quality standards. The proposed project would also be consistent with the SCAQMD's AQMP, which is a long -range air quality planning document. Thus, the proposed project would have a less than significant impact on cumulative regional and local air quality. (Source: Air Quality Analysis) Koll Company Corporate Headquarters Page 3 -10 ' Initial Study and AND 1 ' Environmental Analysis D. Would the project expose sensitive receptors to substantial pollutant concentrations? ' Less than Significant Impact. Land uses in the project area are predominantly commercial in nature, and include office uses, retail uses, and hotels. The nearest potentially sensitive air quality receptors in the ' project area are patrons of the Fairmont Hotel. During construction, exposure to pollutants in the air (especially PM,o) in the adjoining properties and a parking lot for the Fairmont Hotel may be slightly greater than at other locations further from the project site. However, compliance with SCAQMD Rule 403 ' would reduce the exposure to a less than significant level. Additionally, as shown in Table 3-3, onsite operational PMto emissions from area sources would be negligible. Therefore, the potential exposure of sensitive receptors to substantial pollutant concentrations is considered less than significant because of the ' short-term nature of construction and the low level of on -sits emissions. (Sources: Air Quality Analysis, Project Plans, and Site Survey) ' E. Would the project create objectionable odors affecting a substantial number of people? Less than Significant Impact. The proposed project would create a new office building in a location with ' similar commercial and office land uses. No odor - producing industrial activities would occur under the proposed project. Operation of trucks and construction equipment may cause air emissions that generate odors typically associated with fuel combustion. Roofing and paving operations may also produce odors. ' However, these odors dissipate rapidly in the atmosphere and would exist only temporarily. There would be no increase in objectionable odors following construction and during operation of the proposed project. Therefore, the odors potentially created due to the proposed project would have a less than significant ,• impact on local air quality. (Sources: Air Quality Analysis, Project Plans, and Site Survey) ' 3.4 BIOLOGICAL RESOURCES The County of Orange has prepared a Natural Communities Conservation Plan (NCCP) for the Central - Coastal region of the County. As indicated in the NCCP, most of the preserved area is located within the unincorporated jurisdiction of the County, with significant portions within the Cities of Irvine, Laguna Beach, Laguna Niguel, and San Juan Capistrano with smaller portions located in Costa Mesa and Newport Beach. The NCCP is designed to connect various geographic components of the plan area into a contiguous system to allow animals to move throughout the area via a continuous system of reserve habitat and linkages. The proposed project site is not located within the boundary area of the NCCP. ' The City of Newport Beach contains a variety of natural resources including natural lands and wildlife areas that contain several types of flora and fauna habitat. These areas have been identified as Environmentally Sensitive Areas (ESA) in the Recreation and Open Space Element of the Newport Beach General Plan. ESA's are defined as "those passive open space areas possessing unique environmental value, which may warrant some form of protection or preservation." Specifically, the Recreation and Open Space Element indicates that these areas may support species which are rare, endangered, of limited distribution or otherwise sensitive. Additionally, these areas may include, but are not limited to: riparian areas, freshwater marshes, saltwater marshes, intertidal areas, other wetlands, and unique or unusually diverse vegetative ' communities. The vast majority of natural resources within the City are located in the Upper Newport Bay area, coastal bluffs, and within the beaches and harbors areas of the City. Eleven listed wildlife species and three listed plant species occur or may potentially occur within the City of Newport Beach. No ESA areas are identified on the proposed project site, or within the Airport Area of the City, within which the project ' would be located. ' Koll Company Corporate Headgtarters Page 3 -11 Initial Study and MND I ' Environmental Analysis The proposed project site is currently developed with paved surface parking spaces, ornamental ' landscaping, and hardscape areas. The landscaped areas consist of ornamental trees and groundcover /shrub species. Areas surrounding the site are highly developed with urban uses. Vegetation associated with these uses consists of similar ornamental tree and groundcover /shrub species. Fauna associated with the proposed ' project site would be consistent with urban environments. Species that may be anticipated in and around the site would likely consist of a variety of common bird, insect; and reptile species. ' (Sources: Newport Beach General Plan, Aerial Photographs, and Site Survey, Central- Coastal Orange County NCCP) ' A. Would the project 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 area is located within a highly urbanized area of Newport Beach. The proposed project site and surrounding area is heavily disturbed and does not support rare, candidate, ' sensitive, or special status species. The proposed project site is currently improved with a paved surface parking lot, ornamental trees and groundcover /shrubs, and'hardscape areas. Sensitive plant species that are known to be present within the City, such as Diegan Coastal sage scrub, do not occur on the site or within ' the surrounding area due to prior urban development and disturbance of the area. Because of the highly disturbed nature of the area and the lack of sensitive biological resources, no adverse impacts to sensitive biological resources are anticipated as a result of the proposed project. Impacts — either direct or those ,• resulting from habitat modification — to any species identified as a candidate, sensitive, or special status species would not occur as a result of the proposed project. (Sources: Newport Beach General Plan and Site Survey) B. Would the project have a substantial adverse effect on any riparian habitat or other sensitive ' natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? No Impact. The proposed project site is currently improved with a paved surface parking lot, ornamental trees and landscaping, and hardscape areas; the site does not support riparian habitat or any other sensitive natural community. All on -site vegetation, including trees, shrubs and grasses, were installed as ornamental landscaping during the previous development of the site. There are no water channels or evidence of water flows on or near the proposed project site. The water resources map provided in the proposed General Plan Update does not identify any streams or rivers, on or near the proposed project site. Consequently, the proposed project would not affect riparian habitats or other sensitive natural communities, as identified by 1 the California Department of Fish and Game or the U.S. Fish and Wildlife Service; impacts associated with this issue would not occur. ' (Sources: Proposed Newport Beach General Plan Update and Site Survey) C. Would the project have a substantial adverse effect on federally protected wetlands as defined 1 by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, tilling, hydrological interruption, or other means? No Impact. The proposed project site is currently improved as a paved surface parking lot with ornamental ' landscaping and hardscape areas and does not support any wetland habitat as defined by Section 404 of the Clean Water Act. No channels or evidence of flow occur in or around the proposed project site and no ' Koll Company Corporate Headquarters Page 3 -12 Initial Study and MND ' Environmental Analysts permits from the California Department of Fish and Game or the U.S. Army Corps of Engineers would be ' required. The nearest watercourses are San Diego Creek and Santa Ana Delhi Channel, both of which are located approximately 1.0 mile (to the south and east, respectively) from the site at their nearest points. Therefore, no impacts to federally protected wetlands through direct removal, filling, hydrological ' interruption or other means are anticipated to occur as a result of the proposed project. (Sources: Proposed Newport Beach General Plan Update and Site Survey) tD. Would the project 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? No Impact. The proposed project site is highly urbanized and disturbed. Vegetation on the site consists of non -native ornamental tree and groundcover /shrub species. Due to the presence of urban development on ' all sides of the site, and its location in a highly urbanized setting, the proposed project site is not expected to be used as a wildlife corridor for any migratory species. The proposed project site is not designated as an established wildlife corridor and is not used as a nursery site by wildlife species. Species on -site may include a variety of common bird, insect, and reptile species commonly found in urban settings, none of whose migration would be inhibited by development of the proposed project. The proposed project would not interfere 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; no impacts would occur. ,• (Sources: Newport Beach General Plan, Project Plans, Site Survey, and Aerial Photograph) E. Would the project conflict with any local policies or ordinances protecting biological. ' resources, such as a tree preservation policy or ordinance? No Impact. Existing tree species present on the proposed project site include mature Eucalyptus and Liquidambar. The majority of the existing trees on -site would be preserved, while removed trees would be replaced with additional trees of the Eucalyptus and Liquidambar species. The City's policies affecting tree removal and re- location only apply to trees located in public areas under control of the City. All trees that may be affected by the proposed project are located on private property. Thus, none of the existing on -site ' trees are protected under a tree preservation policy or ordinance. No conflict with the City's tree preservation ordinance or policies would occur with proposed project implementation. ' (Sources: Newport Beach General Plan, Newport Beach Municipal Code, Project Plans, and Site Survey) F. Would the project conflict with the provisions of an adopted Habitat Conservation Plan, 1 Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? ' No Impact. The Coastal/Central Orange County NCCP (approved in July 1996) includes areas previously protected through traditional land use practices such as exactions, dedications, and purchases, as well as areas with at -risk habitat or species. The resulting preserve encompasses 37,380 acres containing 12 major habitats and 39 threatened or endangered plant and animal species. As discussed above in Section 3.4, the 'proposed site is not located within the NCCP and would, therefore, not conflict with the implementation of ® that plan. The proposed project would have no impact on local or regional habitat conservation plans. ' (Sources: Newport Beach General Plan, Site Survey, and CoastalJCentral Orange County NCCP) Koll Company Corporate Headquarters Page 3.13 initial Study and MAD Environmental Analysis •3.5. CULTURAL RESOURCES The City's first inhabitants were the Shoshone Indians who lived along the Pacific coast for thousands of years. In the 1800's, land holdings of the Capistrano Mission were divided out as Spanish and Mexican I land grants to war heroes and aristocratic families. American entrepreneurs by the names of Flint, Bixby, Irvine and McFadden later bought most of the land area known as Newport Beach's upper bay and lower bay. Later, in 1906, the City of Newport Beach was incorporated. By 1936, the present day contour of Newport Beach was established and community members dedicated the City s main harbor, named Newport Harbor. World War Il brought about an influx of new military operations and personnel working and living in the area. The Santa Ana Freeway (I -5), built in the 1950's, brought even more people to the City. By the 1970's, rapid growth led to the building of shopping centers, hotels, high -scale restaurants, and many new homes. The City of Newport Beach has not been extensively studied or excavated. However, many archaeological sites have been discovered throughout the City, more specifically, adjacent to the "Upper Bay" area. Because the City has not been widely surveyed, the majority of the known or unknown archaeological sites have already been destroyed due to development in the area. Known unique paleontological resources have been discovered along the bluffs on the east shore of the bay and the adjoining foothills and in the North IBluffs area. There are four sites within the City currently listed on the National Register of Historic Places (NRHP). Four sites within the City area also listed as California Historical Landmarks, and four additional properties are listed in the California Historical Resources Information System (CHRIS) database. The City Register also includes seven properties of local historical or architectural significance, two of which are listed on the ' NRHP and California Register of Historic Resources (CRHR). None of the sites are located on or within the vicinity of the proposed project site. ' (Sources: Site Survey, National Register of Historic Places, California State Historical Landmarks, Newport Beach Municipal Code, Proposed General Plan Update, and the Cultural Resources Section of the Proposed Newport Beach General Plan Update Environmental Impact Report) ' A. Would the project cause a substantial adverse change in the significance of a historical resource as defined in §150645? 1 No Impact. The proposed project site is not identified as having historical resources and no historic sites are identified on the adjacent areas surrounding the site. Thus, the proposed project would have no impacts on historical resources. (Sources: Site Survey and the Cultural Resources Section of the Proposed Newport Beach General Plan Update Environmental Impact Report) B. Would the project cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5? Less than Significant Impact with Mitigation. The proposed project site is located in a highly urbanized area • and currently improved with paved surface parking spaces, ornamental trees and landscaping, and other hardscape areas. According to the proposed General Plan Update, the proposed site is not known to contain ' unique archaeological resources. In addition, the proposed project site has been subject to grading and other site development activities in the past and unique archaeological resources may have been damaged or Koll Company Corporate Headquarters Page 3 -14 Initial SWy and MND Environmental Analysis . destroyed as a result. However, the proposed project site has not been extensively studied or excavated to deternune the presence of unique archaeological resources, or the lack thereof. Since the presence of unique archaeological resources on or below the project site cannot be conclusively confirmed or disproved, the ground- disturbing activities (i.e., grading and excavation) required for construction of the proposed two story office building and subterranean parking level have the potential to cause substantial adverse changes to unique archaeological resources if such resources are located on -site. However, the likelihood of encountering unique archaeological resources is considered minimal given the highly urbanized nature of development that has previously occurred on, and adjacent to, the proposed project site. Nonetheless, this is considered a potentially significant impact. Mitigation Implementation of the following mitigation measure would ensure that potentially significant impacts to unique archaeological resources are reduced to a level less than significant: Mitigation Measure 3.5-1: Prior to the issuance of a grading permit, the applicant shall provide ' written evidence to the Planning Director that a qualified archaeologist has been retained to observe grading activities and conduct salvage excavation of archaeological resources as necessary. The archaeologist shall be present at the pre- grading conference, shall establish procedures for archaeological resources surveillance, and shall establish, in cooperation with the applicant, procedures for temporarily halting or redirecting work to permit the sampling, identification, and evaluation of the artifacts as appropriate. If additional or unexpected archaeological features are discovered, the archaeologist shall report such findings to the applicant and to the Planning Department. If the archaeological resources are found to be significant, the archaeological observer shall determine appropriate actions, in cooperation with the applicant, for exploration and/or salvage. These actions, as well as final mitigation and disposition of the resources, shall be subject ' to the approval of the Planning Director. (Sources: Site Survey, proposed General Plan Update; and the Cultural Resources Section of the Proposed 1 Newport Beach General Plan Update Environmental Impact Report) C. Would the project directly or indirectly destroy a unique paleontological resource or site or a ' unique geologic feature? Less than Significant Impact with Mitigation. The proposed project site is located in a highly urbanized area and currently improved with paved surface parking spaces, ornamental trees and landscaping, and other ' hardscape areas. The proposed site is relatively flat and does not include any unique geologic features. According to the proposed General Plan Update, the proposed site is not known to contain unique paleontological resources. In addition, the proposed project site has been subject to grading activities in the past and unique paleontological resources and geologic features may have been damaged or destroyed as a result. However, the proposed project site has not been extensively studied or excavated to determine the presence of unique paleontological resources, or the lack thereof. Since the presence of unique paleontological resources on or below the project site carrot be conclusively confirmed or disproved, the ground-disturbing activities (i.e., grading and excavation) required for construction of the proposed two -gory office building and subterranean parking level have the potential to cause substantial adverse changes to unique paleontological 1 resources if such resources are located on -site. However, the likelihood of encountering unique paleontological resources is considered minimal given the highly urbanized nature of development that has previously occurred on, and adjacent to, the proposed project site. Nonetheless, impacts to unique paleontological resources are ' considered potentially significant. Mitigation Koll Company Corporate Headquarters Page 3-15 Initial Study and MND 0 Environmental hnplementation of the following mitigation measure would reduce potentially significant impacts to unique paleontological resources to a level less than significant: Mitigation Measure 3.5-2: Prior to the issuance of a grading permit, the applicant shall provide written evidence to the planning director that a qualified paleontologist has been retained to observe grading activities and conduct salvage fossils as necessary. The paleontologist shall be present at the pre- grading conference, shall establish procedures for paleontological resource surveillance, and shall establish cooperation with the applicant, procedures for temporarily halting or redirecting work to permit the sampling, identification and evaluation of fossils. If major paleontological resources are discovered which require long term baiting or redirecting of grading, the paleontologist shall report such findings to the applicant and to the Planning Department. The paleontologist shall determine appropriate actions, in cooperation with the applicant, which ensure proper exploration and/or salvage. These actions, as well as final mitigation and disposition of the resources, shall be subject to the approval of the Planning Director. (Sources: Site Survey, Proposed General Plan Update and the Cultural Resources Section of the Proposed Newport Beach General Plan Update Environmental Impact Report) D. Would the project disturb any human remains, including those interred outside of formal cemeteries? No Impact The proposed project site and adjacent areas are highly disturbed due to previous urban developments. There is no evidence of human remains or a previous cemetery on or adjacent to the proposed project site. Furthermore, human remains, if present, would likely have been encountered during grading and other site development activities associated with the current use of the site. Thus, the likelihood of ' encountering human remains on the proposed project site is extremely low. Development of the site as proposed by the project would have no impact on human remains,. including those interred outside of formal cemeteries. ' (Sources: Site Survey and Conservation ofNatural Resources Element of the Newport Beach General Plan) 3.6 GEOLOGY AND SOILS Topography 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. The nearest major ridgelines to the area occur in the Santa Ana ' Mountains, Lomas de Santiago, and the San Joaquin Hills. The entire County consists of a series of northwest- trending mountain ranges and valleys and similarly oriented earthquake faults. The proposed project is located in the northern portion of the City of Newport Beach, approximately OS miles south/southeast from John Wayne Airport. The proposed project site has a relatively flat terrain due to previous grading and site development activities associated with the current use of the site; on -site elevations range from approximately 47.5 to 48.5 feet above Haan sea level (amsl). 1 Soils tThe City of Newport Beach is underlain by Holocene -age alluvial sediments present in active and recently 1 active stream channels throughout the City, in addition to beach, marshland, and intertidal deposits of Newport Harbor and Upper Newport Bay. Newport Mesa is underlain by primarily.shallow marine sediments ranging in ' Koll Company Corporate Headquarters Page 3 -16 Initial Study and b1ND I ' Environmental Analysis age from early to late Pleistocene. Various portions of the City are affected by one or more of the following ' soil conditions: soil erosion, compressible soils, expansive soils, and subsidence. However, none of these conditions are known to significantly affect the proposed project site. ISeismicity Southern California is a seismically active area that includes several types of fault systems including strike- ' slip, oblique, thrust, and blind thrust faults. The region is subject to seismic hazards of varying degrees, depending on the proximity and earthquake magnitude potential of nearby active faults, and the local geologic and topographic conditions. Seismic hazards include primary hazards from surface rupturing of ' rock and soil materials along active fault traces, and secondary hazards resulting from strong ground shaking. An active earthquake fault is defined as a fault that has had surface displacement within Holocene time (about the last 11,000 years). The City of Newport Beach is located in a seismically active region and has experienced several large earthquakes within the last 100 years. There are no known active earthquake faults projecting towards or extending across the proposed project site. However, several regional faults are located in the vicinity of ' the proposed project site. Fault systems that could produce ground shaking within the City include: San Andreas Fault; Newport- Inglewood Fault Zone; Elsinore Fault; Palos Verdes Fault; Norwalk Fault; Raymond Fault Zone; San Jacinto Fault; and San Fernando Fault Zone. The Newport- Inglewood Fault is the ' only active fault within or in the immediate vicinity of Newport Beach. Although not located within the City, the San Andreas Fault has an active seismic history and the potential to affect land uses within the City of Newport Beach as well as most cities in California. The Newport- Inglewood Fault extends for approximately 46.5 miles from the southern edge of the Santa Monica Mountains southeast to just offshore from the City of Newport Beach. The Newport- Inglewood Fault is capable of producing a 7.0 or greater magnitude earthquake. Capable of producing a maximum credible earthquake of Magnitude 8.0 or greater, the San Andreas Fault is recognized as the longest and most active earthquake fault in California. The San Andreas Fault is 625 miles long and runs from Cape 1 Mendocino in Northern California to an area near the Mexican border. The proposed Newport Beach General Plan Update identifies potential seismic and soil hazard areas with liquefaction and landslide potential within the City. The proposed project site is not considered to have ' liquefaction or landslide potential. Within Newport Beach, areas of slope instability include areas in the San Joaquin hills and in the bluff areas located throughout the City. The proposed project site is relatively flat and not located within a bluff area. ' (Sources: USGS Laguna Beach Quadrangle, Proposed Newport Beach General Plan Update, Southern California Earthquake Data Center, and Site Survey) ' A. Would the project expose people or structures to potential substantial adverse effect, including the risk of loss, injury, or death involving 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? ' Less than Significant Impact. There are no known local or regional active earthquake faults projecting towards or extending across the proposed project site. Additionally, the site is not located in a designated • Alquist -Priolo Earthquake Fault Zone. The active and potentially active fault systems that may create ' significant earthquake hazards to the site include the Newport- Inglewood and San Andreas Fault zones. The Newport- Inglewood Fault is located approximately five miles southwest of the site and the San Andreas Fault occurs at a distance of more than 50 miles inland from. the proposed project site. Since no ' Koff Company Corporate Headquarters Page 3 -17 Initial Study and MND ' Environmental Analysis • earthquake faults cross through or extend onto the site, development on the site would not be exposed to ' fault ground rupture hazards. Thus, the proposed project would not expose people or structures to substantial hazards associated with fault rupture. ' (Sources: USGS Laguna Beach Quadrangle, project plans, and proposed Newport Beach General Plan Update Safety Element) ' B. Would the project be subject to strong seismic groundshakmg? Less than Significant Impact. There are no earthquake faults crossing through or extending onto the site. ' However, the proposed project site is located in a seismically active region, and would be subject to groundshaking associated with earthquakes on nearby faults. The proposed two -story (40 feet tall) office building and related infrastructure would be subject to groundshaking hazards, which could lead to damage of the structure, roads, utility lines, and other structural hazards that could cause property damage and personal ' injuries. Employees, construction workers, and visitors on the site would be exposed to groundshaking hazards during an earthquake event. This hazard is no different than groundshaking hazards elsewhere in the City of Newport Beach or the region, but would present public safety hazards associated with structural damage, falling ' objects, pavement cracking, utility line damage and resulting fires, and other properly damage and public safety concerns. ' Compliance with applicable standards in the Uniform Building Code, including those associated with the design and engineering of buildings to minimize the effects of seismic activity and pertinent building standards of the City of Newport Beach, would reduce groundshaking hazards to acceptable levels. The M proposed structure would be constructed to withstand seismic forces, and only pavement cracking and utility line damage with minimal impact to life and property may occur at the proposed project site as a result of nearby earthquakes. Thus, the impact of strong seismic ground shaking would be less than significant. (Sources: USGS Laguna Beach Quadrangle, Greenbook and Newport Beach General Plan Public Safety Element) C. Would the project be subject to seismic- related ground failure, including liquefaction? ' Less than Significant. Liquefaction is characterized by saturated soils that behave like liquid during groundshaking and is associated with perched water conditions and loose soils. Areas with liquefaction potential may also experience seismic - related ground failure (i.e., seismically- induced settlement). The ' proposed project site is flat and is not located within an area with liquefaction or seismic - related ground failure potential according to the proposed General Plan Update Safety Element. Furthermore, the site is not located within a designated Earthquake Alquist- Priolo Fault Zone, and no surface faults cross through ' or extend toward the site. Thus, the proposed project would be subject to less than significant impacts caused by seismic - related ground failure, including liquefaction. (Sources: California Geological Survey and Newport Beach General Plan Public Safety Element) ' D. Would the project be subject to landslides? 1 No Impact. The proposed project site has been subject to past grading and site development activities and consequently has a relatively flat terrain with on -site elevations ranging from 47.5 to 48.5 feet amsl. The • areas surrounding the site are also relatively flat from past grading and site development activities. The proposed Newport Beach General Plan Update identifies areas with slope instability in the City, and the proposed project site it is not within an area known to have unstable slope conditions. Additionally, Koll Company Corporate headquarters Page 3 -18 ' Initial Study and MND EnWronmental Analysis proposed grading and site development activities associated with the proposed project would maintain the ' existing level terrain on -site. Thus, no impact associated with landslides would occur as a result of the proposed project. ' (Sources: Site Survey, Project Plans, and Proposed Newport Beach General Plan Update Safety Element) E. Would the project result in substantial soil erosion or the loss of topsoil? Less than Significant Impact. The proposed project includes replacement of the existing. paved surface parking spaces, ornamental trees and landscaping, and other hardscape areas with a two -story office ' building above one level of subterranean parking surrounded by re- configured paved surface parking spaces and ornamental trees and landscaping; no on -site topsoil would be exposed during the long -term operation of the proposed project. Thus, substantial soil erosion and/or the loss of topsoil would not occur over the ' long -term operation of the project. However, the potential exists for short-term impacts related to soil erosion or loss of topsoil caused by the exposure of soil during construction, grading, and excavation activities. However, the potential for impacts would be confined to excavation areas and would cease upon ' completion of project construction (maximum 12 months in duration). Implementation of the erosion control methods required by the City's Excavation and Grading Code would ensure that these potential impacts remain less than significant. ' (Sources: Proposed Newport Beach General Plan Update Safety Element and Newport Beach Municipal Code) F. Would the project be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? ' Less than Significant Impact. The proposed project site is not known to be located on an unstable geologic unit, subsidence has not occurred along the proposed project site, and there is no known incidence ' of landslide, lateral spreading, liquefaction, or collapse on -site or near the site. Thus, the likelihood of impacts caused by an unstable geologic unit or soils is considered low, but possible. Conformance with and implementation of, Newport Beach Building Code requirements for incorporation of a soil treatment program in the excavation and constructions plans, site- specific evaluation of soil conditions to identify and eliminate potentially unsuitable soil conditions, design of foundation support, and all other applicable policies would ensure that the proposed project is not located on an unstable geologic unit or soils. The proposed project is not expected to be exposed to or create on or off -site landslide, lateral spreading, ' subsidence, liquefaction, or collapse hazards; impacts are considered less than significant. (Sources: Site Survey, Newport Beach Building Code, and Proposed Newport Beach General Plan Update Safety Element) ' G. Would the project be located on expansive soil, as defined in Table 18 -1 -B of the Uniform Building Code (1994), creating substantial risks to life or property? Less Than Significant Impact. The proposed project site is not known to have significant expansion potential. However, even the slightest potential for the existence of expansive soils within the proposed ' project site raises the possibility that foundation stability for the project's proposed two -story office building and one level of subterranean parking, paved areas, and associated utilities could be compromised • Conformance with, and implementation of, Newport Beach Building Code requirements for a site - specific ' foundation investigation, site - specific evaluation of soil conditions to identify and eliminate potentially unsuitable soil conditions, foundation type and design criteria, and all other applicable policies would ' Koll Company Corporate Headquarters Page 3 -19 Initial Stady and AND Environmental Analysis ensure that the proposed project is not located on expansive soils. Tbus, potential impacts to life or property associated with expansive soils are considered less then significant. (Sources: Site Survey, Newport Beach Building Code, and Proposed Newport Beach General Plan Update ' Safety Element) H. Would the project 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 development would be connected to the public sewer system through sewer lines in the surrounding streets. Use of existing sewer lines would prevent a need for septic tanks or other types of alternative wastewater disposal systems that could be limited by soil characteristics at the proposed ' project site. Since sewers would be available for sewage generated by the proposed project, septic tanks would not be affected by soils at the proposed project site. Tbus, no impacts to soils which are unsuitable for on -site sewage disposal systems would occur as a result of the proposed project. (Sources: Newport Beach General Plan Public Safety Element, Site Survey, and Project Plans) 3.7 HAZARDS AND HAZARDOUS MATERIALS A hazardous material is defined as any substance that may be hazardous to humans, animals, or plants, and may include pesticides, herbicides, toxic metals and chemicals, volatile chemicals, explosives, and even nuclear M fuels or low -level radioactive wastes. The City of Newport Beach has a wide variety of industries and land uses, which generate, use, or handle hazardous materials. Most of these sites are associated with industrial and commercial uses located throughout the City. The proposed project site is currently developed with paved surface parking areas serving the surrounding buildings, ornamental trees and landscaping, and other hardscape areas. No hazardous materials are visible ' on -site. Additionally, the proposed project site is not listed in U.S. Environnental Protection Agency (EPA) Envirofacts Toxics Release Inventory (TRI). Land uses within the vicinity of the proposed project that are included on EPA's TRI include Conexant Systems, hic. and Newport Fab LLC at 4311 and 4321 Jamboree Road, respectively, approximately 0.5 miles southeast of the proposed project site. Other TRI sites located in the City but that are not located within the vicinity of the proposed project include: Hixson Metal Finishing at 829 Production Place approximately 4.5 miles southwest of the proposed project site; Ford Motor Company at 1000 Ford Road approximately 23 miles south of the proposed project site; and Hughes Aircraft Co. at 500 ' Superior Avenue approximately 4.5 miles southwest of the proposed project site. The proposed project site is located, approximately 0.5 miles south/southeast of John Wayne Airport and could be subject to hazards from aircraft operations. According to the proposed General Plan Update, the site is located within an area with a potential wildfire hazard of "Low/None" and is not located in a `potential flood hazard area ". Hazards associated with earthquakes and soil/erosion etc. are discussed above in Section 3.6, Geology and Soils. No other hazards are known to be present on -site or near the site. (Sources: Proposed Newport Beach General Plan Update, EPA Envirofacts Database, and Site Survey) ' A. Would the project create a significant hazard to the public, or the environment through the • routine transport, use, or disposal of hazardous materials? ' Less than Significant Impact. The proposed project site is not listed as a hazardous materials site. Nearby hazardous material handlers are not expected to pose hazards to on -site land uses. Operation of the ' Koll Company Corporate Headquarters Page 3 -20 Initial Study and MND ..... ............................... ........ - - -- -...... . I Environmental Analysis proposed project site with a two -story office building, one level of subterranean parking, paved surface parking areas, and ornamental trees and landscaping would not create a significant hazard to employees or visitors of the site. ' Hazardous material deliveries or transport to and from nearby hazardous materials handlers would likely utilize Jamboree Road and other surrounding roadways. There is adequate capacity in the existing and planned street system to handle vehicle traffic volumes and no roadway hazards would be created which 1 1 1* 1 may lead to conflicts associated with these hazardous material transports. Thus, no significant adverse impacts on the proposed project are expected from these nearby land uses. Construction activities associated with the proposed project would involve the use of hazardous materials such as oil, gas, tar, and cleaning solvents. These hazardous materials could pose risks to construction workers or lead to soil and groundwater contamination if not properly stored or used. In addition, transport of these hazardous materials to and from the site during construction activities would add hazards to the surrounding roadways and freeways. Compliance with existing hazardous material regulations would prevent undue hazards. This impact is expected to be less than significant since hazardous material use and disposal would be made in accordance with existing regulations. The proposed office building and ornamental trees and landscaping on the site could involve the use of small quantities of hazardous materials such as cleaning solvents, paint, fertilizers, pesticides, etc. This usage would be limited and is not expected to create human health hazards or public safety hazards. Thus, the proposed project would result in less than significant impacts associated with the routine transport, use, or disposal of hazardous materials. (Source: Site Survey, City of Newport Beach, Newport Beach General Plan, and Project Plans) B. Would the project create a significant hazard to the public or the environment through reasonable foreseeable upset and accident conditions involving the release of hazardous . materials into the environment? Less than Significant Impact. Activities associated with the proposed project construction may involve some hazardous materials use, such as paints, thinners, cleaning solvents, oil, grease, etc. Transport of these hazardous materials to and from the site during construction activities would add hazards to the surrounding roadways and freeways. The public and environment could be subject to release of hazardous materials into the environment through accidents that could occur as hazardous materials are en route to or from the proposed project site. Such accidents could include vehicle or rail accidents or mistakes made during handling of materials. Hazardous materials uses would be subject to Federal, State, and local regulations regarding the use, handling, storage, transport, and disposal of hazardous materials to reduce the risk of such accidents. The regulations include established measures for proper storage, use, and disposal, and a risk management and prevention plan for accidents. Truck oil change, equipment maintenance, and other activities that may release hazardous materials during construction would be conducted in accordance with existing regulations, such as the National Pollutant Discharge Elimination System (NPDES), to prevent soil and water contamination and accidents. Compliance with all applicable regulations would prevent spills and accident conditions that could release hazardous materials into the environment. Further, traffic safety signs and controls would be provided to create safe driving conditions and prevent vehicle accidents. Thus, hazardous material accidents are expected to be less than significant. (Source: Site Survey and Project Plans) Koll Company Corporate Headquarters Page 3 -11 1n1na1 Study and MND ' Environmental Analysis C. Would the project 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 proposed project would not routinely utilize or generate hazardous materials or wastes. ' Construction activities associated with development of proposed project would involve the short-term use of hazardous materials for construction. The closest existing school to the proposed project site is Eastbluff Elementary located at 2627 Vista Del Oro in Newport Beach. This school is located approximately 2.3 ' miles southwest of the project site. This school site is at a far enough distance from the site that potential emissions from vehicle and stationary ' equipment during construction activities would not reach school students and faculty. In any event, construction of the proposed project would comply with existing hazardous material regulations to prevent undue hazards to school users. Thus, the proposed project would have no impacts associated with the emission or handling or hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school. J F41:1 �I J II 1 1� (Sources: Newport -Mesa Unified School District, Site Survey, and Project Plans) D. Would the project 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. According to EPA, the project site is not listed on the Department of Toxic Substances Control Hazardous Waste and Substance List (Cortese List) — the list of hazardous materials sites compiled pursuant to Government Code Section 65962.5. The proposed project site is also not listed on the U.S. EPA Envirofacts Toxics Release Inventory (TRI). Therefore, implementation of the proposed project would not result in a risk to the public or the environment. As discussed above, the nearest hazardous material users are Conexant Systems, hic. and Newport Fab LLC at 4311 and 4321 Jamboree Road, respectively, approximately 0.5 miles southeast of the proposed project site. No impacts on these hazardous material users would occur with the proposed project. (Sources: EPA Envirofacts Database and Site Survey) E. For a project located within an airport laud 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? Less than Significant Impact with Mitigation Incorporated. The proposed project site is located approximately 0.5 miles south/southeast of John Wayne Airport (TWA) and within the adopted Airport Environs Land Use Plan (AELUP) for TWA. Specifically, the proposed project site is within the Height Restriction Zone for TWA, which sets various height limits for structures within a 20,000 foot radius of TWA in order to avoid adverse affects to the airport. The proposed project penetrates the 100 to 1 slope for a horizontal distance of 20,000 feet from the near point of the nearest runway of JWA described in FAA Part 77.13 — Objects Affecting Navigable Airspace. Thus, construction of the proposed project could result in potential safety hazards for people residing or working in the project area if compliance with the above - mentioned height requirements does not occur. This is a potentially significant impact. Implementation of the mitigation measures listed below would ensure that potentially significant safety hazard impacts would be reduced to a less than significant level. Koll Company Corporate Headquarters Page 3 -22 Initial Study and MND ' Environmental Analysis Mitigation- , Mitigation Measure 3.7 -1: Prior to the issuance of a building permit for the office building, the Project Applicant shall file Form 7460 -1 with the Federal Aviation Administration (FAA). Upon ' receiving the FAA determination, the project shall be submitted to the Orange County Airport Land Use Commission (ALUC) for a determination of consistency. The project may be subject to additional conditions as required by the FAA and/or the ALUC in order to be found in compliance with the John Wayne Airport Environs Land Use Plan. (Sources: Airport Environs Land Use Plan for John Wayne Airport and Site Survey) F. For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area ?. No Impact. There are no private airstrips located immediately adjacent to or near the proposed project site. Therefore, the proposed project would not expose people in the area to air traffic hazards, during or after construction. (Sources: Project Plans, Thomas Guide forLos Angeles and Orange Counties, and Site Survey) G. Would the project impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Less than Significant Impact. The site is not used for emergency evacuation. According to the Newport Beach General Plan, two major roadways near the site, Jamboree Road and MacArthur Boulevard, are designated as a major evacuation routes. However, long -term operation of the proposed two -story office ' building would not affect evacuation along these surrounding roadways. Potential traffic congestion during construction along MacArthur Boulevard may impede emergency response, although this impact would be short-term in duration (maximum anticipated construction duration is 12 months) and would not be significant 1 Access to all areas located adjacent to the site would be available at all times, so as not to preclude fire protection and emergency services. Therefore, the proposed project would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan; impacts are considered less than significant. (Sources: Proposed Newport Beach General Plan Update, Project Plans, and Site Survey) H. Would the project 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 is currently improved as paved surface parking spaces, ornamental trees and landscaping, and other hardscape areas. The proposed development of the site includes construction of a two -story office building above one level of subterranean parking, and paved surface parldng and landscaping areas. The proposed landscaping would use ornamental tree and groundcover /shrub species, which would be regularly irrigated. According to the proposed Newport Beach General Plan Update, the ' proposed project site is located in an area with a potential wildfire hazard of "Low/None ". Construction of the proposed project would not create a greater brush fire hazard than currently exists on the project site. Therefore, no risk of loss, injury, or death involving wildland fires is anticipated firm the proposed project. (Sources: Site Survey, proposed Newport Beach General Plan Update, and project plans) Koll Company Corporate Headquarters Page 3 -23 Initial Study and MND I ' Environmental Analysis • 3.8 HYDROLOGY AND WATER QUALITY ' The majority of the County of Orange as well as the entire City of Newport Beach are located in the Santa Ana River Basin. The Santa Ana River system provides the primary drainage functions for the Santa Ana ' River Basin and is managed by the Santa Ana Regional Water Quality Control Board (RWQCB). The basin includes the upper and lower Santa Ana River watersheds, the San Jacinto River watershed, and several other small drainage areas. More specifically, the proposed project is located within Reach I of the ' Lower Santa Ana River watershed. Reach I extends from what is referred to as the Tidal Basin on the coast to 171' Street in the City of Santa Ana. There are no major surface water resources in the vicinity of the proposed project. According to the Santa Ana River Basin Plan, groundwater resources in the vicinity of the proposed project include Irvine Forebay I and II and the Irvine Pressure sub - basins. According to the proposed General Plan ' Update, the Coastal Plain of the Orange County Groundwater Basin underlies the proposed project site. However, shallow groundwater levels (i.e. less than 50 feet from the ground surface), including seasonal fluctuations in groundwater levels, are not known to occur on the proposed project site. According to the Newport Beach General Plan, the proposed project area is located outside of designated flood hazard zones. In addition, according to the proposed General Plan Update, the nearest Special Flood Hazard Areas Inundated by a 100 -year flood are located over one mile to the east and south of the proposed project area ' adjacent to Newport Upper Bay and the Santa Ana Della Channel. (Sources: Newport Beach General Plan the proposed Newport Beach General Plan Update, and USGS L� Laguna Beach Quadrangle, Santa Ana River Basin Water Quality Control Plan) A. Would the project violate any water quality standards or waste discharge requirements? Less than Significant Impact with Mitigation Incorporated. The City of Newport Beach is located within Region 8 (the Santa Ana Regional Water Quality Control Board (RWQCB]). The City of Newport ' Beach is a co- permittee with Orange County in the NPDES Program. Accordingly, the Project Applicant would be required to comply with all applicable Federal, State, regional, and local regulations to protect water quality during construction and operation of the proposed project as described in,further detail below. Construction Construction activities associated with the proposed project may have the potential to impact water quality. ' Construction, excavation, and site development activities. would expose surface soils which may result in soil erosion and subsequent deposition of particles in drainage areas. These include loose soils and organic matter, demolition wastes and construction materials, construction equipment fluids, and cleaning and maintenance solvents. Additionally, the temporary use of hazardous materials in the form of paint, adhesives, surface coatings and other finishing materials may result in the subsequent deposition of these pollutants in drainage areas and ultimately the degradation of downstream receiving water bodies. These are potentially significant impacts. Mitigation Implementation of the following mitigation measure would reduce potentially significant impacts caused by violation of water quality standards or waste discharge requirements to a level less than significant: Mitigation Measnre 3.8-1: Prior to issuance of grading permits by the City, the Project, Applicant shall develop and submit a Notice of Intent (NOI) and Storm Water Pollution Prevention Plan (SWPPP) ' Koll. Company Corporate Headquarters Page 3 -24 Initial ,% dy and AMD ' • Environmental Analysis ' to the Santa Ana RWQCB for compliance with the Statewide NPDES permit for construction activity. The SWPPP shall contain Best Management Practices (BMPs) to be implemented during construction to minimize impacts to local receiving water from pollutants in storm water runoff. Such best management practices (BMPs) include use of sandbags, gravel bags, check dams, silt fences, soil ' binders, erosion control blankets, fiber rolls, riprap pads, and practices that prevent debris and pollutants (loose soils, hazardous materials, oil, grease and solvents, other construction materials) from entering the storm drain system The Project Applicant shall provide the City of Newport Beach with a copy of the NOI and their application check as proof of filing with the RWQCB. Operation The proposed project would replace the existing paved surface parking lot, ornamental landscaping, and hardscape areas with a two -story office building above one level of subterranean parking and similar amounts of surface parking and landscaping areas. Thus, the proposed project would be largely covered with impervious surfaces and would generate stormwater runoff. The presence of pollutants associated with the proposed use of the site in the volume of runoff generated by the site could result in potentially ' significant impacts to local receiving waters. Mitigation Implementation of the following mitigation measure would reduce potentially significant impacts caused by violation of water quality standards or waste discharge requirements to a level less than significant: Mitigation Measure 3.8-2: Prior to issuance of grading permits, the Project Applicant shall prepare and submit a Water Quality Management Plan (WQMP) for the proposed project, subject to the approval of the Building Department and Code and Water Quality Enforcement Division. The WQMP shall provide appropriate Best Management Practices (BMPs) and design elements to ensure that stormwater runoff is minimized to the maximum extent possible and that no violations of water quality standards or waste discharge requirements occur. (Sources: Site Survey, Newport Beach General Plan, and Project Plans) B. Would the project 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)? No Impact. The proposed two -story office building would lead to an increase in demand for water over the existing use of the site as paved surface parking spaces. However, the 21,311 GSF office building would house only approximately 50 employees, which would not create a substantial increase in demand for water in excess of the existing and planned supplies for the site. In addition, the amount of landscaped area, and thus the amount of water needed for landscaping, would not change substantially as a result of the proposed project. Water service and demand is discussed in Section 3.16, Utilities. There are no existing groundwater wells on the site and no wells are proposed as part of the proposed project. The proposed project site is not known to include shallow groundwater levels; thus, excavation and • grading activities are not expected to occur at depths that would affect groundwater resources. The proposed project would not affect groundwater aquifers. Koll Company Corporate Headquarters Page 3 -29 Initial Study and AMD ' • Environmental Analysis ' The proposed development would not reduce groundwater recharge in the proposed project area. The majority of the site is currently almost entirely developed with impermeable surfaces in the form of paved surface parking spaces, ornamental landscaping, and other hardscape areas. Construction of the proposed office building and ornamental landscaping areas would result in similar amounts of impermeable surface I on the proposed project. Therefore, the proposed project would not substantially alter the amount of impermeable surfaces on -site over that which currently exists. The proposed development is not expected to significantly affect groundwater recharge in the area. 1 (Sources: Site Survey, Project Plans, and Newport Beach General Plan) C. Would the project 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 Impact. The proposed office building would not alter the course of a stream or river, as no streams or rivers exist on the proposed project site. The project site is relatively flat and primarily covered with impervious surfaces in the form of paved surface parking spaces and hardscape areas surrounding an existing office building. The proposed project would not substantially alter the amount of impervious surfaces or the existing drainage pattern on -site. Runoff from the site would be directed into curbs and gutters around the project site and eventually into the existing storm drain system The proposed project would not alter the existing drainage pattern of the site or area in a manner which would result in substantial erosion or siltation on- or off -site. Furthermore, long -term impacts caused by surface runoff from the parking lot and other impervious areas would be controlled per WQW requirements. NPDES permit and SWPPP requirements would properly control short-term erosion and siltation impacts during the construction phase of the project. The requirements of the WQMP, NPDES' permit, and SWPPP are further discussed in Section M.A. Impacts associated with this issue would be less than significant. (Sources: Site Survey, Project Plans, and Newport Beach General Plan) D. Would the project 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 1 the rate or amount of surface runoff In a manner which would result in flooding on- or off - site? Less than Significant Impact. The project proposes a two -story office building, surface parking areas, and ornamental trees and landscaping on a site that is currently improved with paved surface parking spaces, ornamental trees and landscaping, and hardscape areas; the existing amount of impermeable surface on the project site would not be substantially altered. Thus, the rate and amount of surface runoff generated on- site would not be substantially increased as a result of the proposed project. Changes in drainage patterns would be minimal, internal to the site, and would not affect the regional hydrology or the drainage flows in the surrounding area. The runoff from the site is not expected to create flood hazards. No changes to flows within rivers, streams, or channels are expected In addition, the proposed General Plan Update shows that the site is not currently in an area which is subject to flooding or flood hazards. Thus, the existing drainage pattern would not be substantially altered and the existing rate and amount of surface runoff would not be 1 substantially increased in a manner which would result in flooding on- or off -site. No adverse impacts associated with flooding on- or off- site are expected. (Sources: Site Survey, Proposed Newport Beach General Plan Update, and Project Plans) ' Koll Company Corporate Headquarters Page Initial Study and A91D I Environmental Analysis E. Would the project 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? ' Less than Significant Impact. As discussed throughout this section, operation of the proposed office building would not substantially alter the amount of impervious surfaces on the proposed project site; thus, the amount of runoff water generated on -site and entering existing and planned stormwater drainage I facilities would not be substantially increased by operation of the proposed project. Street sweeping of public streets is provided to remove and prevent debris from entering the storm drain system. The City requires catch basin stenciling to discourage waste disposal into the storm drain system. Continued implementation of these city-wide programs would further reduce potential stormwater pollution from development. Furthermore, mandatory compliance with WQMP requirements regarding the implementation of on -site stormwater pollution mitigation and treatment and other BMPs for urban ' stormwater pollutant prevention would ensure that substantial additional sources of polluted runoff are not generated on -site. Construction activities associated with development on the site could lead to pollutants entering the storm drainage facilities serving the project site. These may include demolition and construction debris, construction equipment fuels, oil and grease, construction materials and solvents, loose soils, organic waste ' materials, etc. Conveyance of these materials into the storm drain system would lead to pollutants which could degrade stormwater quality. Mandatory compliance with the NPDES permit and SWPPP for construction activities would ensure that the proposed project site neither contributes additional runoff nor substantial additional sources of polluted runoff to existing and planned storm drainage facilities. Therefore, impacts associated with this would be less than significant. (Sources: Site Survey, Newport Beach Municipal Code, Newport Beach General Plan) F. Would the project otherwise substantially degrade water quality? 1 Less than Significant Impact. The proposed project is not expected to adversely change the existing hydrology of the site or lead to significant adverse impacts on groundwater or surface water resources. As stated elsewhere in Section 3.8, the proposed project would comply with the NPDES General. Permit for Construction Activity and implement a SWPPP for construction activities. The proposed project would also comply with the WQMP requirements regarding the implementation of on -site stormwater pollution mitigation and treatment and other BMPs for urban stormwater pollutant prevention. The proposed 1 project's potential to impact water quality is discussed throughout this section, and the proposed project is not expected to substantially degrade water quality. (Sources: Site Survey, Newport Beach General Plan, and project Plans) 1 G. Would the project place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary of a Flood Insurance Rate Map or other flood hazard delineation 1 map? No Impact. According to the proposed General Plan Update, the proposed project site is not within a 100- ' year flood hazard area or in an area which is subject to flooding or flood hazards. Furthermore, the project proposes an office building and does not include housing. Therefore, the proposed project would not place housing within a 100 -year flood hazard as mapped on a federal Flood Hazard Boundary of a Flood Insurance Rate Map or other flood hazard delineation map. No adverse impacts associated with flooding are expected. 1 Koll Company Corporate Headquarters Page 3 -2J Initial Study and MND Environmental Analysis • (Sources: Site Survey, FEAU, project Plans and Newport Beach General Plan Safety Element) li. Would the project place within a 100 -year flood hazard area structures, which would impede or redirect flood flows? No Impact. The site is not located within the 100 -year or 500 -year floodplain, as defined in FEMA's Flood Insurance Rate Map (FIRM). Thus, the proposed project would not place structures within a 100 -year or 500 -year floodplain. The proposed project development would not affect flows within 100 -year flood hazard areas. No impacts are expected. (Sources: Site Survey, FEMA, Project Plans, and Newport Beach General Plan Safety Element) I. Would the project 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 area is not located downstream of a dam or levee that may lead to inundation hazards. Therefore, employees and visitors of the proposed project site would not be at risk of significant loss, injury, or death involving flooding, as a result of the failure of a levee or dam or as a result of the proposed project. (Sources: Site Survey, Newport Beach General Plan Safety Element, and Project Plans) J. Would the project expose people or structures to a significant risk of loss, injury or death involving inundation by selche, tsunami, or madflow? No Impact The City of Newport Beach is subject to low- probability but high -risk events such as tsunamis, ' storm surges, and seismically - induced inundation. However, the proposed project site would not locate property or persons in close enough proximity to the Pacific Ocean, or at a low enough elevation, to be impacted by such events. Furthermore, no existing or planned above - ground water tanks are located in the City. Therefore, no significant impacts would occur with proposed project implementation. (Sources: Site Survey and Newport Beach General Plan Safety Element) IC- Would the project result in, significant alteration of receiving water quality during or following construction? 1 Less Than Significant Impact. As discussed in item 3.8 E above, the proposed project has the potential for generating polluted stormwater. However, as discussed above, compliance with the NPDES General Permit for Construction Activity, implementation of a SWPPP for construction activities, and compliance with NPDES requirements for on -site stormwater pollution mitigation and treatment would ensure that less than significant impacts would result from the proposed project. L. Would the project result in a potential for discharge of stormwater pollutants from areas of material storage, vehicle or equipment fueling, vehicle or equipment maintenance (including washing), waste handling, hazardous materials handling or storage, delivery areas, loading docks or other outdoor work areas? . No Impact. The proposed project would not result in the use, storage or handling of any hazardous materials or vehicle fueling or maintenance areas. No delivery areas would be necessary with the development of the proposed project. As such, no impact would result from the operation of the proposed project. ' Koll Company Corporate Headquarters Page 3 -28 initial Study and MND E I I Environmental Analysis As discussed above, construction activities could result in the potential for stormwater pollutants. However, compliance with construction related permits (NPDES) and required prevention plans ( SWPPP) would ensure that no significant impacts would result. M. Would the project result in the potential for discharge of stormwater to affect the beneficial uses of the receiving waters? Less Than Significant Impact. Compliance with the NPDES General Permit for Construction activities, preparation of a SWPPP as well as compliance with WQMP requirements for on -site stormwater pollution mitigation and treatment would ensure that stormwater discharge created by the proposed project would not affect the beneficial uses of any receiving bodies of water and that less than significant impacts would result from development of the proposed project. N.. Create the potential for significant changes' in the flow velocity or volume of stormwater runoff to cause environmental harm? Less Than Significant Impact. As discussed in item 3.8 D above, the proposed project would not significantly alter the existing drainage patterns of the site (including velocity and volume of stormwater runoff). The site is currently relatively flat and will remain relatively level upon completion of the proposed project construction. Thus, the flow velocity of stormwater runoff would not change substantially as a result of the proposed project. The existing site is currently developed with paved surface parking spaces, ornamental trees and landscaping, and hardscape areas; the site is primarily covered with impervious surfaces. The proposed project would similarly cover the majority of the site with impervious surfaces and, therefore, the volume of stormwater runoff generated on -site would not be substantially altered. Runoff from the site would continue to be conveyed along curbs and gutters, and directed into the existing storm drain in MacArthur Boulevard. Changes in drainage patterns would be internal to the site and would not affect the regional hydrology or the drainage flows in the surrounding area. No significant changes to flows or velocity are anticipated with proposed project development and, therefore, no significant impacts would result. U. Create significant increases in erosion of the project site or surrounding areas? Less Than Significant Impact. As discussed in item 3.8 C above, the proposed project is not anticipated to I significantly alter the drainage pattern of the site and would therefore, not create a significant increase in the erosion rates of the site or surrounding area. Runoff from the site would be directed into curbs and gutters and into the storm drain system along MacArthur Boulevard. The proposed project would not alter the existing drainage pattern of the site or area in a manner which would result in substantial erosion or siltation on- or off -site. Impacts would be less than significant. 3.9 LAND USE AND PLANNING Development within the City of Newport Beach varies and includes lower density single - family residential 1 areas, as well as more intensely developed beachfront residential areas. Commercial areas within the City range from master planned employment centers to marine industrial and visitor commercial areas. I The existing General Plan identifies groupings of small communities or "villages" within Newport Beach. Additionally, the Land Use Plan is divided into "Statistical Areas" (Statistical Division A through N) which Koll Company Corporate Headquarters Page 3 -29 Initial Study and MND Environmental Analysis specify the permitted uses and building intensity for each division. Many of the newer developments within the City are based on a "planned community" concept. Existing General Plan As shown in Figure 3-1, Land Use Policy Map, the proposed project site is located in the Airport Area (Statistical Area IA) of the Land Use Element and as a land use designation of Administrative, Professional, Financial Commercial (APF) in the Newport Beach General Plan. The Airport Area includes a brealodown of various uses allowed within the area. The proposed project site is identified as subheading 1 -1 KCNOfce Site A. The existing General Plan indicates that a total 436,079 square feet of Administrative, Professional, Financial Commercial (APF) uses are allowed within KCN OS A and 471 hotel rooms. Proposed General Plan The City is in the process of updating its General Plan. Within the proposed General Plan Update (GPU), the site is still identified as Statistical Area IA. The land use designation within the GPU for the proposed project site is Mixed Use Horizontal 2 (MU -H2). This designation provides for a horizontal intermixing of uses that includes regional commercial office, multi - family residential, vertical mixed -use buildings, industrial, hotel rooms and ancillary neighborhood commercial uses. Zoning for the site would still be governed by the Planned Community text for the area (see below). IKoll Center Newport Planned Community TI he proposed project is located within the Koll Center Newport Planned Community (KCN PC). The City has adopted Planned Community District Regulations (PC-14 Koll Center) that establish development standards and use regulations to implement the General Plan. As shown in Figure 3-2, Planned Community Map, this planned community area is bounded by Campus Drive, Jamboree Road, and MacArthur Blvd Areas within the Planned Community text are broken down still further into what are referred to as office site areas (KCN Office Site A -G) as well as two industrial areas, a courthouse, and a retail service site. The proposed project is located within KCN Office Site A of the KCN PC. This area includes Administrative, Professional, Financial j Commercial (APF) uses. i The proposed project site is currently improved as a paved surface parking lot with ornamental landscaping and trees, and hardscape area surrounding the existing 9 -story office building. Existing land uses near the site include Administrative, Professional and Financial Commercial (APF), as well as Retail and Service Commercial (RSC), General Industry (IND), and Government, Educational, and Institutional Facilities 1 1 1� 1 (GE1F). Nearby uses include the existing 10 -story Fairmont Hotel directly to the northeast and east, the approximately 7 -10 story Radisson Hotel across MacArthur Boulevard to the northwest, paved surface parking lots to the north and south, and an existing nine -story office building and parking structure to the southeast. South of the proposed project site at the intersection of MacArthur Boulevard and Von Kamman Avenue/Newport Place Drive is the Pacific Club, a private members only club with dining and athletic facilities. The proposed project is located approximately 0.5 miles south/southwest of John Wayne Airport (JWA). In addition, the proposed project is within the boundaries of the Airport Environs Land Use Plan (AELUP) for JWA and subject to all applicable policies and requirements thereof. (Sources: Newport Beach General Plan, Site Plans, Aerial Photograph, Airport Environs Land Use Plan (AFL UP) forJWA, and Site Survey) Koll Company Corporate Headquarters Initial Study and MND Page 3 -30 9 i iPS f 1 i Newpol 1 1 � N The Koll Company Headquarters Koll Center Newport 1 El Planned Community 15 - "' .er Newport �v & service Commercial istrative, Professional, acial Commercial anent, Educational, litutional Facilities IiVt) - General Industry Figure 3 -1 Land Use Policy Map September 2006 1• 1 1 1 1 1 1 1 1 • J Planned Community 15 - ' Koll Center Newport rco";v7thi O ~~7F =l OLe a_ c CL F— Newport Place Di G4 0 V � d The Koll Company Headquarters Koll Center Newport �t > I = PC -15 - KollCenter ® APF - Administrative, Professional, & Financial Commercial Planned Figure 3 -2 September 2006 Environmental Analysis • A. Would the project physically divide an established community? No Impact. The proposed project site would encompasses an area of approximately 64,897 square feet located along MacArthur Boulevard within the Koll Center Newport Planned Community currently developed as a surface parking lot with associated landscaping. The proposed project involves development of an approximately 21,311 square foot commercial structure above one underground level of parking. No residential uses are located within or immediately surrounding the proposed project site. The proposed project would not extend into or through any residential development. Additionally, the other surrounding land uses, including administrative, professional, financial commercial, and hotel uses would not be affected or divided by the proposed development. Therefore, the proposed project would not divide an established community. (Sources: Newpon Beach General Plan, Project Plans, and Site Survey) B. Would the project conflict with any applicable land use plan, policy, or regulation of an agency t 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. The proposed project would involve a general plan amendment, an amendment to the Planned Community text as well as a Use Permit. Each of these areas are discussed in ' further detail below. Existing General Plan The current General Plan land use designation on the proposed project site is'Administrative, Professional, Financial (APF). No change in land use designation is proposed by the project. The General Plan ' Amendment is required to amend the estimated growth for Statistical Area L4 to allow for an additional 24,016 square feet of development within this area. The additional square footage would be transferred from one portion of the Airport Area to the other (KCN Office Site B to KCN Office Site A). The transfer would add to the existing total within KCN Office Site A to 834,201 and reduce the square footage within ' KCN Office Site B to 1,060,146. The additional square footage proposed by the project would not represent net new square footage within the Airport Area; rather, square footage would be moved within this area. ' The General Plan identifies policies that are intended to provide for an orderly balance of development within the City. Several of the policies apply to the proposed project. A discussion of the policy as well as the proposed project's conformance to that policy is discussed below. ' Policy D discusses the control and regulation of new development to insure that public views, natural resources, and the alteration of natural landforms are minimized. As discussed in the Aesthetics section of ' this document, the proposed project is not located within an area identified as having public views. The proposed site and surrounding area is devoid of natural resources, including biological resources. Lastly, the site has been previously developed as a surface parking lot, no unique natural landforms exist on the proposed site. The proposed project would conform to the requirements of this policy. Policy F discusses standards for development including landscaping, siting and building design, parking, and other development standards to ensure that the commercial and office projects are aesthetically pleasing ' and compatible with surrounding land uses. The proposed project is designed to be compatible with the existing uses surrounding the site and would utilize similar materials including glass and stone or stone -like fascia. Additionally, the project proposes a landscaping palette that would match the existing landscaping in ' and around the site. ' Koll Company Corporate Headquarters Page 3 -33 Initial Shady and A9JD I Environmental Analysis The proposed project's increase of square footage within the Airport Area would not result in a conflict with the General Plan. The increase of square footage would result from a transfer of available square footage from one area of the Airport Area to another and would not represent an increase of square footage over what is allowed in the General Plan. As such, the net result of the project would only slightly alter the ' distribution of allowed square footage but would not result in new square footage that could result in higher population, housing, or work force projections that could lead to increased traffic trips, decreased air quality or a larger need for public services. Additionally, the proposed project would conform to the two land use ' policies discussed above and would not conflict with or serve.to restrict the other land use policies found in the General Plan. A less than significant impact to the General Plan would result with implementation of the proposed project. Proposed General Plan ' As discussed above, the City is in the process of updating its General Plan. The land use designation within the GPU for the proposed project site is Mixed Use Horizontal 2 (MU -H2). This designation provides for a horizontal intermixing of uses that includes regional commercial office, multi- family residential, vertical mixed -use buildings, industrial, hotel rooms and ancillary neighborhood commercial uses. The uses proposed by the project would be compatible with the land use designation of the GPU. Similar to the existing General Plan, the GPU provides Goals and Policies that are intended to provide for ' an orderly balance of development within the City. Several of the goals and policies apply to the proposed project. A discussion of the policy as well as the proposed project's conformance to that policy are discussed below. Policy LU 43 discusses when the transfer of development rights would be acceptable. Generally, the policy seeks to ensure that the transfer of development rights is only between two areas within the same statistical area; that the reduction of development rights from the donor site benefits the City through the improvement of the area's scale and development character and/or reduction of vehicle hips and; the increment of growth to the receiver site complements and is in scale with surrounding development and does not degrade local traffic conditions. As proposed, the project would not be in conflict with this policy. The proposed transfer of development rights would occur completely within the Airport Statistical area; the reduction of allowed development within the donor site would serve to reduce traffic hips (general office uses generate less trips than do restaurant or retail uses (Refer to the Transportation/Circulation discussion ' below) and; the receiver site would utilize an architectural style compatible with existing development in the area to ensure compatibility and, as discussed in the Transportation/Circulation discussion, would not result in any impacts to the local circulation system. ' Goal 5.2 and Policy LU 5.2.1 discuss commercial areas within the City and the desire to ensure that these areas are well designed and planned and exhibit a high level of architecture and landscape quality including ' connection and transitions of buildings, architectural treatment, and on -site landscaping. As discussed above the proposed project would meet the intent of this goal and policy through it's architectural design and landscaping palette. Policy LU 5.3.6 address parking adequacy and the location of parking. The policy seeks to provide convenient parking while limiting the views of lots. As proposed, the project would adhere to this policy. ' Parking would be provided in a combination of surface and below -grade lots immediately adjacent to the proposed structure. Additionally, views of the parking lot would be minimized through the placement of • parking underground and through the placement of the structure nearest the sidewalk that would serve to shield views. In its existing state, the parking lot is visible from the street with only minimal landscaping disrupting the view. Koll Company Corporate Headquarters Page 3 -34 Initial Study and AND 0 0 Environmental 0 Koll Center Newport Planned Community As mentioned above, the proposed project is located within the Koll Center Newport Planned Community (KCN PC). The Planned Community text serves as the zoning for the area which it covers. The text identifies the type and intensity of development permitted and also address parking, building size, landscaping, and traffic considerations among other things. The proposed project requires and amendment to the KCN PC text to allow for the transfer of development rights between two areas within the PC. The amendment would be to transfer development rights of 24,016 square feet of unused retail, restaurant and office uses from KCN OS B to KCN OS A. This transfer would occur entirely within the KCN PC and would not result in square footages in excess of what is allowed within this area. The addition of 24,016 square feet of allowable development would be transferred from the allowed development within the KCN PC from KCN OS B to KCN OS A. The proposed Planned Community Amendment would result in a net gain of 24,016 sq. feet within KCN OS A with a net reduction of the same square footage within KCN OS B. However, the proposed project would not utilize the entire 24,016 square feet; only 21,311 square feet would be used by the proposed project. A less than significant impact to the zoning code is anticipated with development of the proposed project. Use Permit In order to transfer the necessary square footages between KCN OS B and KCN OS A, a use permit would ' be required from the City of Newport Beach, per Section 20.63.080 Transfer of Development Intensity of the City's Zoning Code. Per this section of the Zoning Code, findings must be made in order to approve the Use Permit. Generally speaking, the required findings include: a more efficient use of land, result in a net benefit to the aesthetics of the area, results in structures that are compatible and do not result in abrupt changes in scale within the area, no impairment of public views result, and no significant traffic impacts result. II ii I i As discussed throughout this document and within this section, the proposed project would conform to the required findings and would not result in significant impacts. Specifically the project would make efficient use of the available land; would include appropriate architecture, massing and scale so as to retain the aesthetics of the area and ensure compatibility with the existing development in the area; would not interfere with public views as none exist on or adjacent to the site and; would not result in traffic impacts on the local circulation system (refer to the Transportation /Circulation discussion below). Setback requirements for the proposed project area are governed by the Planned Community text for the area. When the PC text is silent on a subject, then deference is made to the City's Municipal Code. Section 20.15.030- Commercial Districts: Property Development Regulations is the appropriate section of the City's Code that is applicable to the proposed project site. The requirements for the site are outlined in Table 34, Project Setback Requirements, below. TABLE 34 PROJECT SETBACK REQUIREMENTS Based on these requirements, the proposed project would meet the required setbacks for the site. As such, no impact would result. Koll Company Corporate Headquarters Page 3 -35 Initial Study and MND Administrative, Office, Financial Commercial 30 na na Koll Company Headquarters Office /Commercial 30 +48 Na Source: City of Newport Beach Mmrici al Code and Roll Company ficadquartets Site Plan Based on these requirements, the proposed project would meet the required setbacks for the site. As such, no impact would result. Koll Company Corporate Headquarters Page 3 -35 Initial Study and MND Environmental Analysts Furthermore , the proposed project is within the boundaries of the AELUP for JWA and. is subject to all applicable policies and regulations thereof, and specifically, those addressing safety hazards through height restrictions and excessive noise through attenuation measures. The consistency of the proposed project with these policies are discussed in Section 3.7E and 3.11E, respectively. Based on the analysis presented above, the proposed project would not conflict with the City's General Plan, Zoning Code (PC Text) or any other land use plan or policy governing the site. While the proposed project would introduce new square footage to KCN OS A where it previously did not exist, the addition would result from a reduction of developable square footage within KCN OS B and would not result in new square footage within the KCN PC. As such, no significant impact to land use plans is anticipated with development of the proposed project. (Sources: Newport Beach General Plan, Project Plans,. and Newport Beach City Zoning Code) C. Would the project conflict with any applicable habitat conservation plan or natural community conservation plan? No Impact. As discussed in Section 3.4, Biological Resources above, the County of Orange has prepared the Central - Coastal Orange County NCCP. However, the proposed project site is not included within the boundaries of this plan and would, therefore, not conflict with this plan. No impacts to a habitat conservation plan of natural community conservation plan would occur. (Sources: Site Survey, and Newport Beach General Plat, Central - Coastal Orange County NCCP) 3.10 MINERAL RESOURCES According to the Conservation of Natural Resources Element of the City of Newport General Plan, oil deposits represent the only significant extractable mineral resources in the Newport Beach planning area. Oil companies are currently operating oil extraction wells in the unincorporated "County Island ", located in the West Newport area. Since the State Shell - Cunningham Act of 1955 prohibits oil extraction on all State tide and submerged lands from the northerly City limits of Newport Beach to the Mexican Border, the County Island is the only location in the area where oil extraction activities are allowed. There are no ' mining activities within the City or on the proposed project site. No oil fields or oil wells an present in or near the proposed project area and the proposed project site and adjacent areas are not subject to oil, gas, or mining operations. (Sources: Newport Beach General Plan, USGS Santa Ana Quadrangle and Site Survey) A. Would the project 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? No Impact. The proposed project site is not located in an area where known mineral resources are present. Future development on the site would not affect regionally significant mineral resources since there are no known resources on the site. The proposed project site is also not identified in the Newport Beach General Plan as a mineral resource area. (Sources: Newport Beach General Plan and USGS Laguna Beach Quadrangle) • B. Would the project 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? Koll Company Corporate Headquarters Page 3 -36 Initial Study and MND Environmental Analysis is No Impact. The proposed project site is not identified in the Newport Beach General Plan as a significant mineral resource area. There are no locally important mineral resources on the site, therefore there would not be a loss of availability of mineral resources in the area. Approximately 4,500 cubic yards of dirt would be hauled from the site. The sand, gravel, and other construction materials that would be needed for construction of the proposed project are not expected to represent a significant amount of local resources, when compared to available resources and the cumulative demand for these resources by construction activities in the region. Thus, the demand for sand and gravel resources, as needed for construction, would be considered less than significant. 1 1 1� (Sources: USGSLaguna Beach Quadrangle, Site Survey and Newport Beach General Plan) 3.11 NOISE The Noise Element of the Newport Beach General Plan states that the main source of noise within the City is from transportation, which includes noise from traffic on freeways and roadways, water vehicles in the bay area, and aircraft flights from John Wayne Airport in the City of Santa Ana and the Los Alamitos Army Airfield in the City of Los Alamitos. Other non - transportation noise sources within the City consist of stationary sources such as bar /restaurant noise, recreational facilities and residential and other common sources in urban environments. The proposed project site is located adjacent to MacArthur Boulevard. Nearby uses include John Wayne Airport, commercial/office developments, and a hotel. Noise sources in the proposed project area generally consist of air traffic noise from John Wayne Airport, vehicular traffic noise along MacArthur Boulevard, landscape maintenance, exterior mechanical equipment, and on -site vehicular traffic. The Noise Element of the Newport Beach General Plan specifically addresses noise sensitive land uses such as schools, churches, libraries and residential land uses. According to the noise standards given in the General Plan, exterior noise levels near sensitive land uses and residential areas should be 65 CNEL or less and interior noise levels 45 CNEL or less (see Table 3 -5, City of Newport Beach Interior and Exterior Noise Standards, below). Otherwise, noise control measures need to be incorporated into the design and construction of these uses. However, no noise sensitive land uses exist within the project area. As shown in Table 3 -5, office uses must meet an interior noise level of 50 CNEL. Additionally, the City of Newport Beach has adopted a Noise Ordinance, Section 10.28.040 of the City's Municipal Code, which limits construction or demolition work to be conducted between the hours of 7:00 a.m. and 6:30 p.m. on weekdays and on Saturdays between the hours of 8:00 a.m. and 6:00 p.m. Construction activities are not permitted on Sundays and holidays within the City. (Sources: Site Survey, Newport Beach Noise Ordinance, and Newport Beach General Plan) Koll Company. Corporate Headquarters Page 3 -37 Initial Study and MND • M L 0 Environmental TABLE 3 -5 CITY OF NEWPORT BEACH INTERIOR AND EXTERIOR NOISE STANDARDS Categories Uses Interior Exterior Residential Single Family, Two Family, Multiple Family 45 55 65 - M obile Home — 65 Commercial Hotel, Motel, Transient Lodging 45 65 Industrial Commercial Retail, Bank, Restaurant 55 — Office Building, Research and Development, 50 — Institutional Professional Offices, City Office Building Amphitheater, Concert Hall, Auditorium, 45 — Meeting Hall G sium (Multipurpose) 50 Sports Club 55 -- Manufacturing, Warehousing, Wholesale, 65 — Utilities Movie Theaters 45 — Institutional Schools' Classroom 45 65 -Hospital, Church, Library 45 — Open S ace Parks -- 65 Interpretation 1. Indoor environment excluding Bathrooms, toilets, closets, corridors. 2. Outdoor environment limited to: Private yard of single family, multi- family private patio or balcony which is served by a means of exit from inside, mobile home park, hospital patio, park's picnic area, school's playground, hotel and =let recreation area. 3. Noise level requiremernt with closed windows. Mechanical ventilating system or other rteeans of natural ventilation shall be provided as of Chapter 12, Section 1205 of UBC. 4. Noise level requirements with open windows, if they are used to meet natural ventilation requirement 5. Exterior noise level should be such that interim noise level will not exceed 45 CNEL. 6. Exc t those areas around the airport within the 65 CNEL contour. Source: Ci of Newport Beach A. Would the project result in 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? Less than Significant Impact with Mitigation. Implementation of the proposed project would result in short - term construction - related noise increases. Additionally, long -term increased noise levels could result from the introduction of office uses and associated vehicle traffic along the adjacent roadways. ' Construction Noise li During construction, temporary noise impacts would occur from grading, equipment operations, and other construction activities. Temporary construction noise impacts would vary in noise level according to the type of construction equipment and its activity level. Noise from scrapers, jackhammers, pavers, and other types of construction equipment may range from 75 to 100 dBA at 50 feet from the source. Typical operating cycles may involve one to two minutes of full power operation followed by three or four minutes at a lower power. Construction noise would occur on a short -term and temporary basis during the construction phase. hi compliance with the City's noise ordinance, the proposed project would follow the mitigation measure discussed below to reduce potential construction noise impacts. Thus, noise from the construction activities on the site would be confined to the daytime hours, when noise sensitivity is less. Koll Company Corporate Headquarters Page 3 -38 Initial Study and MND Environmental • Mitigation The following measure is recommended to reduce construction noise impacts: Mitigation Measure 3.11 -1: Construction activities shall be confined to the hours of 7:00 a.m. and 6:30 p.m. on weekdays and on Saturdays between the hours of 8:00 am. and 6:00 p.m Traffic Noise The proposed project would lead to a slight increase in vehicle traffic noise sources at the subject site and along surrounding roadways. The increase in vehicles to and from the site is not expected to lead to a significant increase in the noise levels in the proposed project area. A change in the noise environment that differs by less than 3.0 dB between the existing and post- project exposure may not be distinguished by many people. Exceeding a 3.0-dB threshold from automobile traffic typically requires a doubling of traffic volumes on any individual roadway link. Few projects in already developed areas cause traffic volumes to double. As previously stated, MacArthur Boulevard is designated as a Major Arterial Roadway. According to the City of Newport Beach General Plan Transportation Element, Major Arterial Roadways have a capacity to carry approximately 45,000 to 67,000 average daily trips (ADT). Assuming the existing number of ADT on MacArthur Boulevard is approximately one half its ' designated capacity (23,000 trips), the proposed project would have to generate 23,000 trips to double ADT on the roadway, which in turn would cause a noise increase in excess of 3.0 -dB. Based on the City's Traffic Generation rate for commercial/office land uses (14.03 ADT /1000 square feet), the proposed project Ile would add approximately 299 daily vehicle trips. Therefore, the trips generated by the proposed project would not be sufficient to increase traffic noise levels by more than 3.0 -dB. Thus, the proposed project's traffic related noise impacts are considered less than significant. Stationary Noise The proposed project includes the development of 21,311 square feet of office space. Although there is no standard for exterior noise on an office building, associated office activities would not generate noise levels that would exceed 65 dBA in CNEL. There are no sensitive receptors in the vicinity of proposed project site, and no significant adverse noise impacts would occur with the proposed project. (Sources: Newport Beach General Plan, Site Survey, Newport Beach Municipal Code and Project Plans) ' B. Would the project result in the exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? ' Less than Significant Impact with Mitigation. Temporary noise sources would be generated as a result of the construction activities for the office development. Temporary construction activities would create noises from construction equipment and vibration from excavation and grading activities. Temporary constriction noise impacts would vary in noise level according to the type of construction equipment and its activity level. Short - term construction noise impacts tend to occur in separate phases, with large, earth - moving equipment generating greater noise and finish construction activities and equipment generating less noise. Noise levels from construction equipment range from 75 to 100 dBA at 50 feet from the noise source. As discussed above, construction activities would have to comply with the construction time limits (7 AM • to 6:30 PM on weekdays and 8 AM to 6 PM on Saturday) set by the City's Noise Ordinance. In order to further ensure that potential noise impacts are below a level of significance, the following mitigation measures are recommended. Koll Company Corporate Headquarters Page 3 -39 Initial Study and WD Environmental Mitigation Mitigation Measure 3.11 -2: Equipment mufflers for construction equipment shall be used at all times. Mitigation Measure 3.11 -3: Idling of construction vehicles and equipment shall be limited to the extent feasible. Construction vehicles and equipment shall be properly operated and maintained and shall be turned off when not in use. Compliance with the City's Noise Ordinance and implementation of the mitigation measures outlined above would reduce potential noise impacts on sensitive noise receptors to less than significant levels. (Sources: Site Survey, Newport Beach General Plan, Project Plans, Newport Beach Municipal Code) C. Would the project result in a substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? Less than Significant Impact with Mitigation. Increased long -term noise levels would result from the proposed development and resulting traffic volumes along the adjacent roadways. During construction, noise impacts would occur from grading, equipment operations, and other construction activities. Noise from scrapers, jackhammers, pavers, and other types of construction equipment may range M from 75 to 100 dBA at 50 feet from the source. Typical operating cycles may involve one to two minutes of full power operation followed by three or four minutes at a lower power. Construction noise would occur on a short-term and temporary basis, when development is under construction. As discussed in Mitigation Measure 3.11 -1, construction activities would be confined to the designated daytime hours, 7 AM to 6:30 PM on weekdays and 8 AM to 6 PM on Saturday, and would comply with the noise regulations of the City of Newport Beach. Thus, noise from the construction activities on the site would be confined to the daytime hours, when noise sensitivity is less. Inclusion of this mitigation measure would be reduced to less than significant levels. Buildout of the proposed project site would add approximately 50 employees who would perceive noise at the site. Future traffic volume increases along adjacent roadways would result in higher noise levels at the proposed project site and in the adjacent area. However, the proposed project is not expected to generate significant noise increases ( +3.0 dB) from increased traffic volumes. No sensitive receptors exist near the proposed project site and no land uses would be exposed to noise levels in excess of the City's standards. (Sources: Site Survey, Project Plans, and Newport Beach General Plan) ' D. Would the project result in a substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Less than Significant Impact. The proposed office development would lead to a permanent increase in ambient noise levels in the vicinity of the proposed project area. Sources of noise introduced by the proposed project are limited to vehicles along the surrounding roadways. Stationary noise generated by on -site office activities would be intermittent and are not expected to exceed the noise thresholds established by the City of Newport Beach. Therefore, the proposed project is not expected to result in a substantial temporary or periodic increase in ambient noise levels in the proposed project vicinity. Koll Company Corporate Headquarters Page 3-40 Initial Study and MAD 1 • • Environmental Analysis • Noise impacts associated with construction activities at the proposed project site could result in adverse ' impacts to adjacent land uses, as discussed above. Compliance with existing noise regulations of the City of Newport Beach and the mitigation measures outlined above would ensure that construction noise impacts would not be significant. ' (Sources: Project Plans, Newport Beach Municipal Code, and Site Survey) 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? Less than Significant Impact. The proposed project is located within the Airport Influence Area for the John Wayne Airport in the City of Santa Ana. The project is approximately %4 -mile southeast of the Airport property boundary line. Within this zone, the height of project is restricted to 200 feet or less to ensure the safety of air traffic and ground structures. Because the project is proposed to be 40 feet in height, it will not conflict with design regulations mandated by the Airport Environs Land Use Plan (AELUP). The proposed project lies within the 60 dBA in CNEL, but outside of the 65 dBA in CNEL, contours generated ' from airport traffic. With standard building design guidelines, the proposed project will keep interior noise levels generated from air traffic at a level that is less than significant. Furthermore, as the project will not affect aircraft or airport operations, there will be no increase in the exposure of people in the area to noise levels associated with these sources. Sources: Site Survey, Airport Land Use Commission, and Thomas Guide for Los Angeles and Orange Counties) M 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. There are no private airports, which generate aircraft noise, located within the vicinity of the proposed project site. The nearest private airport is the Los Alamitos Army Airfield in the City of Los Alamitos (approximately 15 miles to the northwest). The noise contours of the Los Alamitos Army Airfield ' do not extend into the City or the proposed project site. The proposed project would not lead to or increase the exposure of people in the area to noise levels associated with aircraft and airport operations ' (Sources: Site Survey and Thomas Guide for Los Angeles and Orange Counties) 3.12 POPULATION AND HOUSING ' The City of Newport Beach had a January 2006 population of approximately 83,400 residents. The City's population growth can be attributed to a trend of multi- family residential development, which has added housing stock and residents to the City. The California Department of Finance population estimates for the County of Orange and the City of Newport Beach are provided in Table 3-6, Population Growth. TABLE 3-6 POPULATm GROWTH Koll Company Corporate Headquarters Page 3-41 Initial Study and MND • Housing Environmental Analysis Coupled with the population growth of the City is the increase in its housing stock. From 1990 to 2000, the City's housing stock increased from 30,860 units to a total of 37,288 units, a 17.2 percent increase from 1990. The City's 2004 housing stock is estimated at 41,851 units, and the vacancy rate is approximately 11.1 percent. Projections SCAG has developed regional projections for growth by city in the region. These projections are provided in Table 3 -7, Regional Projections. As shown, the City of Newport Beach is expected to have 92,365 residents, 41,345 housing units, and 77,698 jobs by the year 2020. TABLE 3 -7 REGIONAL PROJECTIONS (Sources: U. S. Census, SLAG, California Department of Finance Estimates and Newport Beach General Plan Housing Element) A. Would the project 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 proposes a two -story office development and will serve as a corporate headquarters employing approximately 50 persons. Employees are currently working in Newport Beach, therefore no immediate local or regional growth in population or employment will occur. No major infrastructure is needed to serve the proposed project. Therefore, the population growth resulting from the proposed project is not expected to result in a significant impact. (Sources: Newport Beach General Plan, California Department of Finance and Site Survey) B. Would the project displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? ' No Impact. The proposed project would not result in the displacement of any existing housing. The proposed two -story office development, subterranean parking areas, and surface parking and landscaping will replace an existing on -sits surface parking area. No housing units or other building structures presently ' occur on the site. Therefore, no displacement of existing housing would occur with proposed project implementation. (Sources: Project Plans, Newport Beach General Plan, and Site Survey) • C. Would the project displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? ' Koll Company Corporate Headquarters Page 3 -42 Initial Study and MND 37,015 72,684 3,047,100 978,423 1,580,855 2005 82,800 2010 89,527 39,443 75,386 3,291,628 1,034,027 1,749,985 2015 91,147 40,196 76,588 3,369,745 1,046,473 1,801,602 2020 92,365 41,345 77,698 3,433,609 1,063,976 1,848,135 Souroc SCAG (Sources: U. S. Census, SLAG, California Department of Finance Estimates and Newport Beach General Plan Housing Element) A. Would the project 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 proposes a two -story office development and will serve as a corporate headquarters employing approximately 50 persons. Employees are currently working in Newport Beach, therefore no immediate local or regional growth in population or employment will occur. No major infrastructure is needed to serve the proposed project. Therefore, the population growth resulting from the proposed project is not expected to result in a significant impact. (Sources: Newport Beach General Plan, California Department of Finance and Site Survey) B. Would the project displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? ' No Impact. The proposed project would not result in the displacement of any existing housing. The proposed two -story office development, subterranean parking areas, and surface parking and landscaping will replace an existing on -sits surface parking area. No housing units or other building structures presently ' occur on the site. Therefore, no displacement of existing housing would occur with proposed project implementation. (Sources: Project Plans, Newport Beach General Plan, and Site Survey) • C. Would the project displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? ' Koll Company Corporate Headquarters Page 3 -42 Initial Study and MND EnNrortmenia! Analysis • No Impact. _The proposed project would not result in the displacement of people. Existing on -site development includes a surface parking area and no developed structures. No households are currently present on the site, and no persons would be displaced by the proposed project. (Sources: Project Plans, Newport Beach General Plan, and Site Survey) 3.13 PUBLIC SERVICES Fire protection services in the City of Newport Beach are provided by the Newport Beach Fire Department (NBFD). The nearest fire station to the proposed project area is Fire Station 7, located at 2301 Zenith Avenue, or approximately I mil es south of the proposed project location. Newport Beach currently has eight fie stations staffed with 110 firefighters and paramedics, with three paramedic ambulances, eight fire engines and 2 ladder trucks. Response time in the City average approximately five minutes or less. The Newport Beach Police Department provides Law enforcement services for the City of Newport Beach. The Police Department headquarters is located at 870 Santa Barbara Drive, at the intersection of Santa Barbara Drive and Jamboree Road, approximately 3.3 miles south of the proposed project site. The Newport Beach Police Department currently has 280 full -time employees, of which 150 are full -time police officers; however this number fluctuates regularly (148 officers are budgeted). The City has adopted a service standard of two swom police officers per thousand residents. Emergency response times in the City average approximately five minutes from the time the call is placed. The proposed project area is located within the service boundaries of the Newport-Mesa Unified School District. The District covers 58.83 square miles and includes the cities of Newport Beach and Costa Mesa as well as other unincorporated areas. The Newport-Mesa Unified School District currently serves 22,477 students and has twenty -two elementary schools, two intermediate schools, four high schools (one of these high schools includes middle school grades), one alternative education center, and one adult education center within the City of Newport Beach. ' Library service is provided by the Newport Beach Public Library system. The Newport Beach Public Library system consists of four libraries in the City of Newport Beach which include the Central Library, the Balboa Branch, the Mariners Branch and the Corona del Mar Branch. The Central Library is nearest to the proposed project and is located at 1000 Avocado Avenue, approximately 4.5 miles south of the ■ proposed project site. (Sources: Newport -Mesa Unified School District, Newport Beach Fire Department, Newport Beach Police ' Department, Site Survey, Thomas Guide for Los Angeles and Orange Counties, and Newport Beach General Plan). 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 in terms of fire protection? Less than Significant Impact. The 2 -story office development on the proposed project site would result in increases in the on -site employment population and the introduction of new structures in the area, generating a demand for fire protection services. However, the increase in population would not be substantial (approximately 50 employees) and would not require the expansion of fire protection services. The site is located in an area that is currently served.by the City of Newport Beach Fire Department and the I Y Koll Company Corporate Headquarters Page 343 Initial Study and MND Environmental Analysis • addition of a 2 -story office building would not cause service levels or response times to decrease to unacceptable levels. The proposed project's impacts to fire service would be less than significant. Building and site plan review of the proposed project plans would be conducted by the NBFD in order to review the proposed project's compliance with fire safety and emergency access standards. The Fire Department would also identify additional development features, which could reduce demand for fire services, prevent the creation of fire hazards, and facilitate emergency response to the proposed project site. These would include provision of adequate fire access, fire lanes, fire alarm systems, sprinkler systems, adequate fire flows at nearby fire hydrants, and construction of structures to withstand fires, etc. Compliance with building standards relating to fire prevention, emergency access, fire safety, and emergency response standards would prevent any adverse impacts on fire protection services from the proposed developments on the site. (Sources: Site Survey and Project Plans) B. 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 in terms of police protection? in Less than Significant Impact The 2 -story office development on the proposed project site would result in increases in the on -site population, structures, and vehicle trips in the area, generating a demand for law enforcement and police protection services. The projected increase of 299 daily vehicle trips would result in greater potential for vehicular accidents and the resulting demand for police services. Future employees and users would create a demand for police services, associated with the incidence of property crimes and personal crimes on the site. The need for police protection would be dependent on complex variables such as presence of crime elements, attraction of development to criminals, security measures, perceived public safety, service demand in other areas of the City, and other factors. The Newport Beach Police Department currently has a ratio of 2 sworn personnel per thousand population. The 50 persons expected with the office building on the site would create a demand for 0.1 police personnel in the City. Therefore the proposed project would not require an increase in police officers to serve the area. ' Because the proposed project location is on a site currently developed and fully served by police protection services, the project is not expected to result in significant adverse impacts on police protection services. ' (Sources: Newport Beach Police Department, City of Newport Beach, Site Survey and Project Plans) C. 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 in term of school services? No Impact The proposed project does not provide permanent housing and would therefore not require an increase in the provision of school services. No new school would be required if the project were approved, because no increase in population or school -age children would occur. No impact to school services is • expected with proposed project implementation. (Sources: Project Plans, Site Survey, Newport Beach Municipal Code and Newport Beach General Plan) Koll Company Corporate Headquarters Page 3-44 Initial Study and MND Environmental Analysis • D. 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 in terms of parks? No Impact. The proposed project does not provide permanent housing and would therefore not require an increase in the provision of parks and recreation services. No new park or community facilities would be required if the project were approved, because no incase in population would occur. Because the proposed users of the building are currently employed elsewhere in the City of Newport Beach, there would be no net increase to the employment population of the City and therefore no significant adverse impacts on existing and future parks and recreational facilities are expected in compliance with City regulations for park provision and payment of park development fees. (Sources: Project Plans, Site Survey, Newport Beach Municipal Code and Newport Beach General Plan) E. 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 in terms of other public facilities? Less than Significant Impact Development on the proposed project site would result in increases in the on- '• site population creating a demand for medical and emergency services. Hoag Memorial hospital is located approximately 4.3 miles west of the proposed project site and could serve the emergency medical needs of the proposed development on -site. Additionally, there are other medical services and hospitals in the area to serve the medical needs of the on -site population. Since medical services are generally provided based on demand, Ino adverse impacts on medical services are expected. The proposed office development would not result in an increase in a demand for library services. (Sources: Project Plans, Newport Beach Public Library, Newport Beach General Plan, and Site Survey) ' 3.14 RECREATION The City of Newport Beach provides recreational services through beach and harbor facilities, city parks, trails, sports facilities, community pool facilities, recreational programs, and organized activities. In 1998, the Recreation and Open Space Element of the Newport Beach General Plan designated a total of 219 acres, of parks and recreational facilities within the City, which includes numerous park facilities, select beach/coastal areas, community centers, sports fields and gymnasiums. In addition, approximately 4,553' ' acres (35.7 percent of the City) are designated open space within the City including the Upper Newport Bay Ecological Preserve, beaches, the bay/Irarbor, canyons and bluff areas (plus an undetermined area of ocean water open space). The nearest parks to the proposed project site are Bonita Creek Park and Upper Newport Bay Regional Park, located approximately 1.5 miles south of the proposed project site. Several country clubs and golf I courses are within a 5 -mile radius though are privately owned and are not regulated by the City of Newport Beach. • (Sources: Site Survey, Thomas Guide for Los Angeles and Orange Counties, and Newport Beach General Plan) Koll Company Corporate Headquarters Page 3 -05 Intttal Study and MND IEnvironmental Analysis • 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? ' No Impact. The office development would not have a direct demand for parks or recreational facilities. The users may or may not use beach and harbor facilities, parks and recreational facilities in nearby areas; that the proposed employees are currently employed in Newport Beach would suggest that a net demand on local parr and recreational facilities will not change. No significant adverse impacts on existing and future parks and recreational facilities are expected with compliance with City regulations for park provision and payment of park development foes. As previously discussed, the Newport Beach General Plan establishes a parkland ratio of five acres per thousand residents. Based on the 5 -acre standard, the City's has adopted a regulation for payment of a fee or dedication of land for park and recreation facilities in accordance with the Quimby Act. The proposed project does not provide for any open space, however because the existing conditions are a surface parking lot, there is no net loss of open space. Because the proposed project does not include permanent housing, it is not subject to any requirement of the provision of open space or any payment of park development fees. (Sources: Site Survey, City of Newport Beach Recreation and Senior Services Department and Newport Beach General Plan) 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? No Impact. The proposed project does not provide open space nor recreational areas, though with no increased demand as previously discussed, there is no requirement for the provision of recreational facilities. There will be no adverse physical effect on the environment due to recreational facility construction. (Sources: Site Survey, Project Plans, and Newport Beach General Plan) ' 3.15 TRANSPORTATIONIIRAMC The proposed project site is located along the eastern side of MacArthur Boulevard between Birch Street and Von Kannan Avenue. MacArthur Boulevard is classified as a Major Arterial in the City of Newport Beach General Plan Update Circulation Element, that provides six travel lanes near the proposed project site (three north and three south) and access to the project site via an on -site driveway across from Corinthian Way. 1 Birch Street and Von Kamran Avenue are currently designated as Secondary and Primary Roads, respectively, in the City of Newport Beach General Plan Update Circulation Element. Both streets provides four travel lanes in the proposed project vicinity. There is no signal at the access point to the proposed project site off MacArthur Boulevard, there is, however, a dedicated left turn lane for southbound traffic. Right turns are permitted onto the site for northbound traffic, however, there is no dedicated turn lane. The City of Newport Beach relies on its Traffic Phasing Ordinance (TPO) (Section 15.40 of the Municipal Code) to account for anticipated traffic generation by projects and to determine whether proposed projects require a traffic impact analysis. The TPO states that projects that generate less than 300 trips per day are exempt from the preparation of a traffic impact analysis. Based on the City's traffic analysis model the proposed project would generate 299 trips per day and would, therefore, be exempt from the preparation of • a traffic impact analysis. (Sources: Newport Beach General Plan Update Circulation Element and Traffic Phasing Ordinance) KoR Company Corporate Headquarters Page 3-46 1 Initial Study and MND • A. Would the project 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: The proposed project would result in an incremental increase in the number of vehicle trips to and from the proposed project site. Using the City's generation rate for General Office uses of 14.03 trips per thousand square feet of development, the proposed project would generate 299 trips (14.03 x 21,311 sq. ft.). This minimal number of project - generated trips is under the City's threshold of trips (300 ADT) requiring a project - specific traffic study (Traffic Phasing Ordinance (TPO) Study). The City maintains that projects that generate fewer than 300 trips would have a negligible impact on the overall circulation system. As such, a less than significant impact with regard to traffic and load and street capacity would result with implementation of the proposed project. (Source: Newport Beach General Plan Update Circulation Element and Traffic Phasing Ordinance) B. Would the project exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? Less than Significant Impact. The City has indicated that project's generating fewer than 300 trips would result in negligible. impacts on intersections, and as such would contribute less than a one percent increase in project traffic at potentially affected intersections. Thus, no significant impacts would occur and no mitigation measures are necessary. (Source: Transportation Phasing Ordinance and City of Newport Beach Municipal Code) C. Would the project 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? No Impact. As discussed above, the proposed project site is located approximately 0.5 miles south/southeast of John Wayne Airport (JWA) and within the adopted Airport Environs Land Use Plan (AELUP) for JWA. Specifically, the proposed project site is within the Height Restriction Zone for JWA, which sets various height .' limits for structures within a 20,000 foot radius of JWA in order to avoid adverse affects to the airport. The proposed project penetrates the 100 to 1 slope for a horizontal distance of 20,000 feet from the near point of the 1 nearest runway of JWA described in FAA Part 77.13 — Objects Affecting Navigable Airspace. Thus, construction of the proposed project could result in potential safety hazards for people residing or working in the project area if compliance with the above- mentioned height requirements does not occur. This potentially significant impact is mitigated in the Hazards and Hazardous Materials section above. No alterations to vehicular traffic related to the airport are expected with development of the proposed project. (Sources: Thomas Guide for Las Angeles and Orange Counties, Newport Beach General Plan, .TWA Airport EnvironsLand Use Plan) D. Would the project substantially increase hazards due to a design feature (e g., sharp curves or dangerous intersections) or incompatible uses (e g., farm equipment)? No Impact. The proposed project site currently has access to MacArthur Boulevard from an existing easterly driveway. No changes to the on -site circulation are proposed and only minor reconfigurations of on -site surface parking would result from implementation of the proposed project. No alterations to the • existing circulation system surrounding the project site are proposed. Thus, no traffic related hazards or incompatible uses would be introduced by the proposed project. (Sources: Project Plans and site survey) Koll Company Corporate Headquarters Page 3-47 Initial &udy and M,VD • 16 I Environmental Analysis E. Would the project result in inadequate emergency access? No Impact. As discussed above, no alteration to either on -site or off -site circulation systems are proposed for the project. Adequate emergency vehicle access would continue to be provided by MacArthur Boulevard for land uses on and near the site. During construction, MacArthur Boulevard would remain open and unimpeded to all vehicles, including emergency vehicles. Thus, construction of the proposed facility would not affect emergency access to the area. Upon completion of construction, operational access and emergency access to the site would continue to be available through the proposed project driveways . along macArthur. Implementation of the proposed project is not expected to result in inadequate emergency access. (Sources: Project Plans and Site Survey) F. Would the project result in inadequate parldng capacity? Less than Significant Impact with Mitigation. Within the proposed project area, there are a total of 98 existing surface parking spaces. The development of a 21,311 square foot office structure would require the addition of approximately 68 parking spaces. Parking for the proposed project site is governed by the KCN PC. Currently, KCN OS A is required to provide for 1,224 parking spaces; however, a total of 1,314 spaces exists (a surplus of 90 spaces). The proposed development would result in the need for an additional 69 spaces bringing the overall required parking level to 1,293 spaces. Upon project completion, the overall parking space total would be 1,335 spaces, a surplus of 42 spaces over what is required (1,293 spaces). Development of the proposed project would result in the temporary loss of 98 spaces. The loss of parking would be short -term in nature and is not considered a significant impact based upon the exiting surplus of 90 parking spaces. The proposed project complies with the on -site parking requirements and therefore would not result in parking deficiency. To ensure that all City requirements for parking areas on -site are met, the following . improvements are recommended from the Traffic Impact Analysis. Mitigation Mitigation Measure 3.15 -1: The parking design shall meet all City requirements regarding parking stall width, parking stall depth, parking aisle grade, and parking aisle - turning radii. (Sources: Project Plans and City of Newport Beach Municipal Code) G. Would the project conflict with adopted policies, plans, or programs supporting alternative transportation (e g., bus turnouts, bicycle racks)? No Impact. The proposed project would not conflict with any adopted policies, plans or programs relating to alternative transportation. As discussed above, no alterations to interior or exterior circulation systems are proposed and as such, no alteration to existing bus turnouts would result. Development of the proposed project may lead to an increase in the use of public transportation services to and from the site by workers and guests of the site. Buses currently run along MacArthur Boulevard and can be utilized to reach the site. The potential for increased bus ridership would result in better utilization of public transportation and would not adversely affect those services. Implementation of the proposed project would not conflict with adopted policies, plans, or programs supporting alternative transportation. (Sources: Site Survey) Koll Company Corporate Headquarters Page 3 -48 Initial Study and tMD I Environmerdal Analysis • 3.16 UTILITIES AND SERVICE SYSTEMS Water Service Water services to the City of Newport Beach, are provided by the City of Newport Beach Utility Department, I, hvme Ranch Water District, or the Mesa Consolidated Water District. The proposed project site would be served by the hvine Ranch Water District (IRWD). Groundwater from the Orange County. Groundwater I basin, operated by the Orange County Water District (OCWD), is the primary water supply source for the area, supplying approximately 64% of the City's water demand. The remaining 36% is purchased from the Municipal Water District of Orange County (MWDOC), a subagency of the Metropolitan Water District ' (MWD). According to the IRWD 2005 Urban Water Management Plan, potable water is pumped from the Dyer Road Well Field located in the City of Santa Ana and conveyed to the IRWD distribution system via a transmission main, and then out to service sites. 1 Solid Waste The City of Newport Beach does not provide solid waste disposal services within the City. However, the City of Newport Beach General Services Department provides a list of solid waste haulers which are licensed and franchised with the City. Collected solid wastes from the City are brought to one of the five Material Recovery Facilities (MRF) within the County, where the refuse is collected and sent to a landfill. Orange County's Integrated Waste Management Division owns and operates the three active landfills, (Bowerman Landfill, Olinda Alpha Landfill, and Prima Deschecha Landfill) as well as four household hazardous waste collection centers (HHWCC) within Orange County. Solid waste from all Orange County cities, including the City of Newport Beach, is taken to one of the three landfills. Orange County's three existing landfills have permitted capacity through 2035. The landfill that serves the City and the proposed project site is Bowerman Landfill, located at 11002 Bee Canyon Access Road in the City of Irvine. The Bowerman Landfill is a Class III landfill and is permitted to receive a daily maximum of no more than 8,500 tons per day. Class III landfills do not accept hazardous or liquid waste. Hazardous waste is taken to the local HHWCC. The Bowerman landfill opened in 1990 and is scheduled to close in approximately 2022. The Integrated Waste Management Department is currently conducting a study that may extend the life and disposal capacity of the landfill. Sewer Service Sewage generated within the majority of the City of Newport Beach is collected and conveyed by.the City's local sewer lines and the regional sewer hunks of the Orange County Sanitation District (OCSD) for treatment, reclamation, and disposal. The District owns and operates two treatment plants, Treatment Plan No. 1 in Fountain Valley and Treatment Plan No. 2 located in Huntington Beach. While the treatment levels at these plants meet all current State and Federal requirements, the District is currently planing to upgrade both of the treatment plants to meet treatment standards for projected 2020 effluent flow. The plan includes the rehabilitation and upgrade of the existing facilities. The City, including the proposed project site, is served by the Huntington Beach treatment plant. The Huntington Beach plant currently has an operating capacity of 340 million gallons per day. I Electrical Power and Gas Service The City of Newport Beach is served by Southern California Gas Company for natural gas services and by • the Southern California Edison Company for electrical power services. There are no overhead utility lines adjacent to the proposed project site or in the surrounding area. Kall Company Corporate Headquarters Page 3-49 Initial Study and AND Environmental Analysis (Sources,- Newport Beach General Plan, City of Newport Beach, City of Newport Beach 2000 Urban Water Management Plan, Orange County Integrated Waste Management Division, Project Plans and Site Survey) A. Would the project exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? Less Than Significant Impact. Wastewater generated by the proposed development would be disposed into the sewer system and would not exceed wastewater treatment standards of the Regional Water Quality Control Board. As discussed above, effluent would be treated at Treatment Plant Nos. 1 and 2. These facilities meet RWQCB standards for sewage treatment. Wastewater from office uses is not expected to ' violate the standards of the RWQCB. Less than significant impacts are expected. (Sources: Site Survey and Project Plans) ' B. Would the project 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? Less than Significant Impact. Water demand is estimated at 16.25 gallons per employee per day or a total of 813 gallons per day for the proposed residential development. Sewage generation is estimated at 13 gallons per employee per day or a total of 650 gallons per day for the entire proposed project. 1• I I I I J J F� To provide water and sewer services to the site, the proposed project would connect to existing infrastructure located in MacArthur Boulevard, Von Karman Avenue and in the vicinity of the site. The existing infrastructure for water service includes a water main that runs along MacArthur Boulevard. To provide sewer services to the site, the proposed project would also utilize existing infrastructure in MacArthur Boulevard. An existing sewer line runs along MacArthur Boulevard, Von Karman Avenue and other roads in the vicinity of the site. The existing infrastructure would provide adequate water and sewer services to serve the proposed project. Connection and service fees would also be paid by development to obtain sewer and water services. No significant adverse impacts in temis of water and wastewater services are expected (Sources: Project Plans, APA Planning and Urban Design Standards, and City of Newport Beach Utilities Department) C. Would the project 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. The proposed project site is currently a surface parking lot which is mostly impervious. Implementation of the proposed project would not change the amount of impervious surfaces, such as structures, roadways, driveways and pathways that would change runoff patterns on -site. Runoff from the site would continue to be conveyed along curbs and gutters, and directed into the existing storm drain system in MacArthur Boulevard In addition, drainage from the landscaped areas would be collected in area drains proposed on -site. Changes in drainage patterns would be internal to the site and would not affect drainage flows in the surrounding area or impact existing facilities. • Exising storm drainage facilities would be able to accommodate the proposed development and are expected to adequately handle runoff from the subject site without the creation of flood hazards. Additionally, proposed project design features including curbs, gutters and on -site grades would direct flows to the existing facilities. Koll Company Corporate Headquarters Page 3 -50 Initial Study and MND L Environmental No impact associated with the construction of new storm water drainage facilities or expansion of existing facilities would occur. (Sources: Project Plans, USGS Laguna Beach Quadrangle, and Site Survey) tD. Would the project have sufficient water supplies available from existing entitlements and resources, or are new or expanded entitlements needed? 16 1 1 1 1 1 1 1� 1 Less than Significant Impact with Mitigation. The proposed project would require additional water supplies provided by groundwater from the Orange County groundwater basin and purchased water from the MWDOC water supply. The current and future water supply projections for the City of Newport Beach through 2020 are shown in Table 3 -8, Current and Projected Water Supplies. The future supply projection assumes that the city will continue to produce groundwater and purchase local water. Table 3-8 Current and Projected Water Supplies (AFY) Purchased from MWDOC 6404 5758 6157 6362 Ground Water 11927 13590 14921 14778 Recycled 317 444 478 500 Supply Total 18648 19792 21556 21640 Demand Total 18648 19792 21556 21640 Source: City of Newport Beaeh Cx =l Plan Update 2006 Draft EEt Future water demand for the City of Newport Beach would continue to be supplied by the Orange County groundwater basin as well as purchased from the MWDOC water supply through the year 2010 and is expected to meet any future water demands in the City including the proposed project site. No impacts to water supply would occur with implementation of the proposed project. The City of Newport Beach purchases recycled water from the MWDOC through a program called the Green Acres Project. The City annually purchases between 300 and 800 acre -feet a year. Recycled water in the City is mainly used by golf courses, and other landscaped areas. The Green Acres Project has the capability to deliver up to 1,000 acre -feet per year. Mitigation While adequate water supplies would be available to serve the proposed project site, the implementation of water conservation measures suggested by the City of Newport Beach, would reduce demand for groundwater, surface water and imported water supplies. These water conservation measures include: Mitigation Measure 3.16 -1: New landscaping shall incorporate drought - tolerant plant materials and drip irrigation systems, wherever possible. Mitigation Measure 3.16 -2: Water leaving the user's property due to over - irrigation of landscape, should be minimal. If an incident such as this is reported, a customer service representative will visit the location, investigate, inform landowner if possible, leave a note and in some cases shut -off the water. Koll Company Corporate Headquarters Page 3 -51 Initial Study and MND EnvlronrnentalAnaly Mitigation Measure 3.16 -3: Watering should be done during the early morning or evening hours to minimize evaporation (between 4:00 p.m. and 9:00 a.m., the following morning). Mitigation Measure 3.164: All leaks are investigated and repaired. Mitigation Measure 3.16 -5: Water should not be used to clean paved surfaces, such as sidewalks, driveways, parking areas, etc., except to alleviate immediate safety or sanitation hazards. Mitigation Measure 3.16 -6: Reclaimed water shall be used wherever available, assuming it is economically feasible. Mitigation Measure 3.16 -7: Installation of Ultra -Low Flush Toilets (ULFT) in the development. While the proposed project would create an increased demand for water imurces in the City, local and regional water supplies have adequate capacities to serve the proposed development on -site. With implementation of the suggested water conservation measures to further reduce water use on -site, no significant adverse impact on the existing water system would occur with proposed project implementation and no adverse impacts on available water supply are expected. (Sources: Site Survey, Project Plans, and City of Newport Beach Utilities Department) E. Would the project 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? Less than Significant Impact. Sewer service would be required to serve the proposed development. The ' proposed project site would be served by Treatment Plan No. 2 located in the City of Huntington Beach. Assuming that wastewater generation is 13 gallons per employee per day, the proposed project is expected to generate approximately 650 gallons of wastewater per day. The treatment plant has a design capacity of 340 million gallons per day (mgd) and currently operates at 240 mgd. Therefore, this increase in the amount of wastewater created from the proposed project is not expected to result in adverse impacts to existing sewer treatment capacity Treatment Plant No. 2. The projected wastewater treatment demand of the proposed project is not expected to result in a significant impact to the provider and would not significantly impact available ' capacity. (Sources: Project Plans, APA Planning and Urban Design Standards and Newport Beach General Plan) F. Would the project be served by a landfill with sufficient .permitted capacity to accommodate the project's solid waste disposal needs? ' Less than Significant Impact. According to the Orange County Integrated Waste Management Division, office developments generate approximately 10 pounds of solid waste per 1000 square feet per day. Thus, the proposed office development would generate approximately 214 pounds of solid waste per day. Solid waste ' generated at the site would require disposal at Bowerman Landfill. Bowerman landfill has a capacity to receive a maximum of 8,500 tons of solid waste per day. If its daily tonnage limit is reached, waste is diverted to Prima Deschecha Landfill in San Juan Capistrano. Prima Deschecha Landfill has a capacity to ' receive 4,000 tons of solid waste per day. Bowerman Landfill has capacity to serve the site until 2022 and Prima Deschecha has adequate capacity to serve the diverted waste, if needed, until 2067. ' • The office development would be required to participate in City-wide recycling programs and household hazardous waste disposal to reduce demands for landfill space and prevent land or water contamination Koll Company Corporate Headquarters Page 3 -52 ' Initial Study and AND EnvftonmenWAnalysis from hazardous wastes. The City of Newport Beach recycles approximately 25% of its waste at the five Material Recovery Facilities (MRF) operated by the County. By using this rate, the proposed project would only generate approximately 161 pounds of solid waste per day that would require disposal at county landfills. Thus, the proposed project would be adequately served by county landfills. No significant impact on solid waste disposal is expected. (Sources: Project Plans, Newport Beach General Plan, and County of Orange Integrated Waste Management Division) , G. Would the project comply with federal, state, and local statutes and regulations related to solid waste? Less than Significant Impact. The city does not provide refuse collection for the proposed project site. The City of Newport Beach General Services Department provides a list of solid waste haulers, which are licensed and franchised with the City. The proposed project would employ one of the listed haulers to transport waste from the site to the MRF for recycling and to final landfill disposal at Bowerman Landfill in the City of Irvine. The office development would be required to participate in City -wide recycling programs and household hazardous waste disposal to reduce demands for landfill space and prevent land or water contamination from hazardous wastes. The proposed project; therefore, would comply with federal, state, and local solid waste regulations. Less than significant impact is expected. (Sources: Project Plans, City of Newport Beach General Services Department) i 1 1 1 1 1 1� Koll Company Corporate Headquarters Page 3 -53 1 Initial Study and AND SECTION 4: MANDATORY FINDINGS OF SIGNIFICANCE 0 4.1 FINDINGS The environmental analysis in Section 3 of this Initial Study indicates that the proposed Koll Company Corporate headquarters Project would not have the potential for significant adverse environmental impacts with implementation of standard City conditions and the recommended mitigation measures. The following findings can be made regarding the mandatory findings of significance set forth in Section 15065 of the CEQA Guidelines, as based on the results of this environmental assessment: ♦ The proposed project would not have the potential to degrade the quality of the environment. There are no sensitive plant. or animal species on the project site and the proposed project would not 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, or reduce the number or restrict the range of a rare or endangered plant or animal. No historic structures or sites are present in the project area that may be affected by the proposed project. ♦ The proposed project would not have the potential to achieve short-term goals at the expense of long- term environmental goals. The proposed project includes a 21,311 square foot, two-story office building above one level of subterranean parking with 17 stalls, 94 surface parking spaces, and ornamental landscaping areas on an approximately 1.5 -acre site in Newport Beach. Although the -project would have impacts to Cultural Resources, hazards and hazardous Materials, Hydrology/Water Quality, Noise, Transportation/Traffic, and Utilities and Service Systems mitigation measures would decrease these impacts to below a level of significance. The project would not significantly impact environmental resources. ♦ The proposed project would not have environmental impacts, which are individually limited but cumulatively considerable, when considering planned or proposed development in the immediate vicinity ' of the site. The proposed project would not cumulatively lead to significant adverse impacts, when added to proposed, planned, or anticipated development in the area. ' ♦ The proposed project would not have environmental impacts, which may have adverse effects on humans, either directly or indirectly, with implementation of the recommended mitigation measures. The project may create short-term noise impacts during excavation, site development, and construction activities. however, implementation of the recommended mitigation measures would avoid significant adverse impacts and would reduce the identified impacts to insignificant levels. t The City of Newport Beach has determined that the proposed project would not have significant adverse impacts on the environment with the implementation of mitigation measures, and no additional environmental analysis is warranted. The City of Newport Beach would consider adoption of a Mitigated Negative Declaration for the proposed Koll Company Corporate headquarters Project, with the incorporation of the recommended mitigation measures. 4.2 MITIGATION MEASURES The proposed project would need to comply with mandatory existing federal, state and City regulations and applicable ordinances. In addition, the following mitigation measures are recommended to reduce or avoid ' the project's potentially significant adverse impacts to less than significant levels: • Air Quality Mitigation Measure 3.3 -1: Use pre - coated building materials. Koll Company Corporate Headquarters Page 4 -1 Intttal Study and MND Mandatory Findings (continued) Mitigation Measure 3.3 -2: Use high pressure -low volume (HPLV) paint applicators with 50 percent efficiency. Mitigation Measure 3.33: Use lower volatility paint not exceeding 100 grams of ROG per liter. Mitigation Measure 3.34: During grading activities, any exposed soil areas shall be watered twice per day. On windy days or when fugitive dust can be observed leaving the proposed Project site, additional applications of water shall be applied to maintain a minimum 12 percent moisture content as defined by SCAQMD Rule 403. Under windy conditions where velocities are forecast to exceed 25 miles per hour (as ascertained by phone calls to the SCAQMD), all ground disturbing activities shall be halted until winds that are forecast to abate below this threshold. Mitigation Measure 3.3 -5: The proposed Project shall comply with regional rules such as SCAQMD Rules 402 and 403, which would assist in reducing short -term air pollutant emissions. Rule 403 requires that fugitive dust be controlled with best available control measures so that the presence of such dust does not remain visible in the atmosphere beyond the property line of the emission source. Rule 402 requires dust suppression techniques be implemented to prevent fugitive dust from creating a nuisance offsite. These dust suppression techniques are summarized as follows: ' a. Portions of the construction site to remain inactive longer than a period of three months shall be seeded and watered until grass cover is grown or otherwise stabilized in a manner acceptable to the City. b. All on -site roads shall be paved as soon as feasible or watered periodically or chemically stabilized. 'C. All material transported offsite shall be either sufficiently watered or securely covered to prevent excessive amounts of dust, d. The area disturbed by clearing, grading, earthmoving, or excavation operations shall be minimized at all times. Mitigation Measure 3.3-6: All vehicles on the construction site shall travel at speeds less than 15 miles per hour. Mitigation Measure 33 -7: All material stockpiles subject to wind erosion during construction activities, that will not be utilized within three days, shall be covered with plastic, an alternative cover deemed equivalent to plastic, or sprayed with a nontoxic chemical stabilizer. Mitigation Measure 3.3-8: Where vehicles leave the construction site and enter adjacent public streets, the streets shall be swept daily or washed down at the end of the work day to remove soil tracked onto the paved surface. Any visible track-out extending for more than fifty (50) feet from the access point shall be swept or washed within thirty (30) minutes of deposition. Mitigation Measure 33 -9: All diesel- powered vehicles and equipment shall be properly operated and maintained. . Mitigation Measure 3.3 -10: All diesel- powered vehicles and gasoline- powered equipment shall be turned off when not in use for more than five (5) minutes. KoN Company Corporate Headquarters Page 4 -2 initial Study and MAID • Mandatory Findings (continued) Mitigation Measure 3.3 -11: The construction contractor shall utilize electric or natural gas - powered equipment instead of gasoline or diesel- powered engines, where feasible. Mitigation Measure 3.3 -12:. As much as possible, the construction contractor shall time the construction activities so as not to interfere with peak hour traffic. To minimize obstruction of through traffic lanes adjacent to the site, a flagperson shall be retained to maintain safety adjacent to existing roadways, if necessary. Mitigation Measure 3.3 -13: The construction contractor shall support and encourage ridesharing and transit incentives for the construction crew. Mitigation Measure 3.3 -14: The construction' contractor shall utilize as much as possible pre -coated /natural colored building materials. Water -based or low VOC coatings shall be used that comply with the most stringent SCAQMD Rule 1113 limits. Spray equipment with high transfer efficiency, such as the high volume -low pressure (IIVLP) spray method, or manual coatings application such as paint brush hand roller, trowel, spatula, dauber, rag, or a sponge shall be used to reduce VOC emissions, where practical. Mitigation Measure 33-15: If construction equipment powered by alternative fuel sources (LPG /CNG) is available at comparable cost, the developer shall specify that such equipment be used during all construction activities on the proposed Project site. Mitigation Measure 3.3 -16: The developer shall require the use of particulate filters on diesel construction equipment if use of such filters is demonstrated to be cost - competitive for use on this proposed Project. Cultural Resources Mitigation Measure 3.5-1: Prior to the issuance of a grading permit, the applicant shall provide written evidence to the Planning Director that a qualified archaeologist has been retained to observe grading activities and conduct salvage excavation of archaeological resources as necessary. The archaeologist shall be present at the pre- grading conference, shall establish procedures for archaeological resources surveillance, and shall establish, in cooperation with the applicant; procedures for temporarily halting or ' redirecting work to permit the sampling, identification, and evaluation of the artifacts as appropriate. If additional or unexpected archaeological features are discovered, the archaeologist shall report such findings to the applicant and to the Planning Department. If the archaeological resources are found to be significant, the archaeological observer shall determine appropriate actions, in cooperation with the ' . applicant, for exploration and/or salvage. These actions, as well as final mitigation and disposition of the resources, shall be subject to the approval of the Planning Director. ' Mitigation Measure 3.5-2: Prior to the issuance of a grading permit, the applicant shall provide written evidence to the planning director that a qualified paleontologist has been retained to observe grading activities and conduct salvage fossils as necessary. The paleontologist shall be present at the pre - grading conference, shall establish procedures for paleontological resource surveillance, and shall establish cooperation with the applicant, procedures for temporarily halting or redirecting work to permit the sampling, identification and evaluation of fossils. If major paleontological resources are discovered which require long term baiting or redirecting of grading, the paleontologist shall report such findings to the applicant and to the Planning Department. The paleontologist shall determine appropriate actions, in cooperation with the applicant, which ensure proper exploration and/or salvage. These actions, as well as final mitigation and disposition of the ' resources, shall be subject to the approval of the Planning Director. Koll Company Corporate Headquarters Page 4-3 ' Initial Study and MND • Mandatory Findings (conftnued} Hazards and Hazardous Materials Mitigation Measure 3.7 -1: Prior to the issuance of a building permit for the office building, the Project Applicant shall file Form 7460 -1 with the Federal Aviation Administration (FAA). Upon receiving the FAA determination, the project shall be submitted to the Orange County Airport Land Use Commission (ALUC) for a determination of consistency. The project may be subject to additional conditions as required by the FAA and/or the ALUC in order to be found in compliance with the John Wayne Airport Environs Land Use Plan. HydroloVlWater Quality Mitigation Measure 3.&1: Prior to issuance of grading permits by the City, the Project Applicant shall ' develop and submit a Notice of Intent (NOI) and Storm Water Pollution Prevention Plan ( SWPPP) to the Santa Ana RWQCB for compliance with the Statewide NPDES permit for construction activity. The SWPPP shall contain Best Management Practices (BMPs) to be implemented during construction to minimize impacts to local receiving water from pollutants in storm water runoff. Such best management ' practices (BMPs) include use of sandbags, gravel bags, check dams, silt fences, soil binders, erosion control blankets, fiber rolls, riprap pads, and practices that prevent debris and pollutants (loose soils, hazardous materials, oil, grease and solvents, other construction materials) from entering the storm drain ' system. The Project Applicant shall provide the City of Newport Beach with a copy of the NOI and their application check as proof of filing with the RWQCB. '• Mitigation Measure 3. 8-2: Prior to issuance of grading permits, the Project Applicant shall prepare and submit a Water Quality Management Plan (WQMP) for the proposed project, subject to the approval of the Building Department and Code and Water Quality Enforcement Division. The WQMP shall provide ' appropriate Best Management Practices (BMPs) and design elements to ensure that stormwater runoff is minimized to the maximum extent possible and that no violations of water quality standards or waste discharge requirements occur. ' Noise The following mitigation measures are recommended to reduce construction noise impacts on adjacent ' noise sensitive land uses: Mitigation Measure 3.11 -1: Construction activities shall be confined to the hours of 7:00 a.m. and 6:30 ' p.m. on weekdays and on Saturdays between the hours of 8:00 a.m. and 6:00 p.m. Mitigation Measure 3.11 -2: Equipment mufflers for construction equipment shall be used at all times. ' Mitigation Measure 3.113: Idling of construction vehicles and equipment shall be limited to the extent feasible. Construction vehicles and equipment shall be properly operated and maintained and shall be turned off when not in use. Transportation and Traffur Mitigation Measure 3.15 -1: The parking design shall meet all City requirements regarding parking stall width, parking stall depth, parking aisle grade, and parking aisle - tuming radii. ' Utilities and Service Systems Kod Company Corporate Headquarters Page 4-4 Initial Study and MND • Mandatory ✓ indings (continued} While adequate water supplies would be available to serve the proposed Project site, the implementation of water conservation measures suggested by the City of Newport Beach, would reduce demand for groundwater, surface water and imported water supplies. These water conservation measures include: Mitigation Measure 3.16 -1: New landscaping shall incorporate drought- tolerant plant materials and drip irrigation systems, wherever possible. Mitigation Measure 3.16 -2: Water leaving the user's property due to over - irrigation of landscape, should be minimal.. If an incident such as this is reported, a customer service representative will visit the location, investigate, inform resident if possible, leave a note and in some cases shut -off the water. Mitigation Measure 3.16 -3: Watering should be done during the early morning or evening hours to minimize evaporation (between 4:00 p.m. and 4:00 a.m., the following morning). Mitigation Measure 3.16 -4: All leaks are investigated and repaired. Mitigation Measure 3.16 -5: Water should not be used to clean paved surfaces, such as sidewalks, driveways, parking areas, etc., except to alleviate immediate safety or sanitation hazards. Mitigation Measure 3.16 -6: Reclaimed water shall be used wherever available, assuming it is economically feasible. Mitigation Measure 3.16 -7: Installation of Ultra -Low Flush Toilets (ULFT) in the residential units. The City of Newport Beach has determined that the proposed Project would not have significant adverse ' impacts on the environment with the implementation of mitigation measures, and no additional environmental analysis is warranted. The City of Newport Beach would consider adoption of a Mitigated Negative Declaration for the proposed Koll Company Corporate Headquarters Project, with the incorporation of the recommended mitigation measures, as outlined above. 1 i Koll Company Corporate Headquarters ' Initial Study and MND • SECTION 5: LLST OF PREPARERS/REFERENCES 5.1 PREPARERS OF THE MND/EWMkL STUDY EDAW, Inc. 8954 Rio San Diego Drive, Suite 610 San Diego, California 92108 (619) 291 -1347 Dustin Fuller, Project Manager Christopher Ward, Urban/Environmental Planner Andrew Martin, Urban/Environmental Planner 5.2 Airport Land Use Commission, Airport Environs Land Use Plan for John Wayne Airport, Amended Dec. 19, 2002 California Department of Conservation Farmland Mapping and Monitoring Program, Important Farmland, 2000. California Department of Conservation California Geological Survey, Seismic Hazard Mapping Pro rg am '• California Department of Finance, E-4 Population Estimates for Cities, Counties and the State, 2001 -2006, with 2000 Benchmark. ' California Department of Finance, E -5 City / County Population and Housing Estimates, 2006, Revised 2001 -2005, with 2000 Benchmark California Office of Planning and Research, 'California Environmental Quality Act and the CEQA Guidelines, 2004. California's Scenic Highway Program, California Scenic Routes. 2000. 1 City of Newport Beach, General Plan Conservation ofNatural Resources Element. 1975. City of Newport Beach, General Plan Housing Element. 2003. City of Newport Beach, General Plan Public Land Use Element 2004, as amended rCity of Newport Beach, General Plan Noise Element, Conservation of Natural Resources Element, 1974. City of Newport Beach, General Plan Public Safety Element 1975. City of Newport Beach, General Plan Recreation and Open Space Element 1998. ' City of Newport Beach, City of Newport Beach Municipal Code, 2003. • City of Newport Beach, Planned Community Development Standards for Koll Center Newport, Aug. 14, 1972 (Amendment No. 313), ' Koll Company Corporate Headquarters Page 5.1 Initial Study and MND I 1 I [1' 1 1� 1 City of Newport Beach website: bgp://www.city.newport-beach.ca.us/ 2004. EDAW, Limited Air Quality Analysis, July 2006. Federal Emergency Management Agency, Flood Insurance Rate Maus, 1996. National Register of Historic Places, National Register Information System 2006. Newport-Mesa Unified School District website: httn: / /www.nmusd.kl2.ca.us/, 2006. (range County Integrated Waste Management Division website: httn: //www.oclandfills.com/, 2006. Southern California Association of Governments (SCAG), 2004 RTP Growth Forecast. City Projections, 2004. Southern California Earthquake Data Center, Faults of Southern California , —. SCAQMD, Air Ouality Management Plan for the South Coast Air Basin, 2002. SCAQMD, CEOA Air Quality Handbook May 1993, as amended. Thomas Brothers Maps; Thomas Guide for Los Angeles and Orange Counties; 2006. U.S. Census Bureau, United States Census, 1990, 2000. U.S. Environmental Protection Agency; Envirofacts Database; 2006. U.S. Geological Survey, 7 I/2 Minute Quadrangle for Laguna Beach, 2004. 5.3 PERSONS CONTACTED City of Newport Beach Rosalmh Ung, Associate Planner David Keely, Associate Civil Engineer Police and Fire Depts. Community Liaison Representative Koll Company Corporate Headquarters Initial Study and MND r SECTION 6: MITIGATION MONITORING AND REPORTING PROA In accordance with the California Environmental Quality Act (CEQA), the City of Newport Beach prepared a Mitigated Negative Declaration (MND) and Initial Study for the proposed Koll Company Corporate Headquarters project located in the City of Newport Beach. The MND indicated that the potential adverse environmental impacts of the project, in terms of Air Quality, Cultural Resources, Hazards and Hazardous Materials, Hydrology/Water Quality, Noise, Transportation/Traffic and Utilities and Service Systems could be mitigated to below levels of significance. The mitigation measures have been incorporated into the project and the MND is scheduled for adoption by the City of Newport Beach, in conjunction with the approval of the project. Section 21081.6 of the Public Resources Code (PRC) and CEQA Guidelines Section 15097 require the Lead Agency for each project which is subject to the CEQA to monitor performance of the mitigation measures included in any environmental document to ensure that implementation does, in fact, take place. The PRC requires the Lead Agency to adopt a monitoring and reporting program that is designed to ensure compliance during project implementation. In accordance with PRC Section 21081.6 and CEQA Guidelines section 15097, this Mitigation Monitoring and Reporting Program (MMRP) has been developed for the Koll Company Corporate Headquarters project. MITIGATION MEASURES The mitigation measures which are required to reduce or avoid the potentially significant adverse impacts of future development on the project site are listed in Table 1, Mitigation Monitoring Program. Responsible parties, the time frame for implementation, and the monitoring parties are also identified for each measure. In order to determine if the responsible party has implemented these measures, the method of verification is also identified, along with the City of Newport Beach department or agency responsible for monitoring/verifying that the responsible party has completed each mitigation measure. TABLE 1 MITIGATION MONITORING PROGRAM Mitigation Measures Responsible Time Frame for Department or Agency Responsible for Party Implementation Monitorin Air Quality The following mitigation measures would reduce emissions associated with construction of the proposed Project: Mitigation Measure 3.3 -1: Use pre- coated building materials. Developer/ Construction Phase City of Newport Beach Contractor Building Department Mitigation Measure 3.3 -2: Use high pressure -low volume (HPLV) paint applicators with Developer/ Construction Phase City of Newport Beach 50 percent efficiency. Contractor Building Department Mitigation Monitoring and Reporting Program September 2006 Koll Company Corporate Headquarters Project Page 6 -1 • TABLE 1 MITIGATION MONITORING PROGRAM Mitigation Measures Responsible 'time Frame for Department or Agency Responsible for Party Implementation Monitoring Mitigation Measure 3.3 -3: Use lower volatility paint not exceeding 100 grams of ROG per Developer / Construction Phase City of Newport Beach liter. Contractor Building Department Mitigation Measure 3.34: During grading activities, any exposed soil areas shall be watered Developer/ Construction Phase City of Newport Beach twice per day. On windy days or when fugitive dust can be observed leaving the proposed Contractor Building Department Project site, additional applications of water shall be applied to maintain a minimum 12 percent moisture content as defined by SCAQMD Rule 403. Under windy conditions where velocities are forecast to exceed 25 miles per hour (as ascertained by phone calls to the SCAQMD), all ground disturbing activities shall be halted until winds that are forecast to abate below this threshold. Mitigation Measure 3.3 -5: The proposed Project shall comply with regional rules such as Developer/ Construction Phase City of Newport Beach SCAQMD Rules 402 and 403, which would assist in reducing short-term air pollutant Contractor Building or Public Works emissions. Rule 403 requires that fugitive dust be controlled with best available control Department measures so that the presence of such dust does not remain visible in the atmosphere beyond the property line of the emission source. Rule 402 requires dust suppression techniques be implemented to prevent fugitive dust from creating a nuisance offsite. These dust suppression techniques are summarized as follows: a. Portions of the construction site to remain inactive longer than a period of three months shall be seeded and watered until grass cover is grown or otherwise stabilized in a manner acceptable to the City. b. All on -site roads shall be paved as soon as feasible or watered periodically or chemically stabilized. C. All material transported offsite shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. d. The area disturbed by clearing, grading, earthmoving, or excavation operations shall be minimized at all times. Mitigation Measure 3.3 -6: All vehicles on the construction site shall travel at speeds less than Developer/ Construction Phase City of Newport Beach 15 miles per hour. Contractor Building or Public Works Department Mitigation Monitoring and Reporting Program Koll Company Corporate Headquarters Project September 2006 Page 6 -2 M M r M • r � � TABLE 1 MITIGATION MONITORING PROGRAM Responsible Tim Frame for Department or Agency Mitigation Measures - Party Implementation Responsible for Monitoring Mitigation Measure 33 -7: All material stockpiles subject to wind erosion during construction Developer/ Construction Phase City of Newport Beach activities, that will not be utilized within three days, shall be covered with plastic, an alternative Contractor Building Department cover deemed equivalent to plastic, or sprayed with a nontoxic chemical stabilizer. - Mitigation Measure 3.3-8: Where vehicles leave the construction site and enter adjacent public Developer/ Construction Phase City of Newport Beach streets, the streets shall be swept daily to remove soil tracked onto the paved surface. Any visible Contractor Building or Public Works track -out extending for more than fifty (50) feet from the access point shall be swept within thirty Department (30) minutes of deposition. Mitigation Measure 3.3 -9: All diesel- powered vehicles and equipment shall be properly operated Developer/ Construction Phase City of Newport Beach and maintained. - Contractor Building and Public Works Department Mitigation Measure 3.3 -10: All diesel- powered vehicles and gasoline - powered equipment shall be Developer / Construction Phase City of Newport Beach turned off when not in use for more than five (5) minutes. Contractor Building or Public Works Department Mitigation Measure 3.3 -11: The construction contractor shall utilize electric or natural gas- City of Newport Construction Phase City of Newport Beach powered equipment instead of gasoline or diesel- powered engines, where feasible. Beach Building or Public Works Departments Mitigation Measure 33 -12: As much as possible, the construction contractor shall time the Developer/ Construction Phase City of Newport Beach construction activities so as not to interfere with peak hour traffic. To minimize obstruction of Contractor Building and Public Works through traffic lanes adjacent to the site, a flagperson shall be retained to maintain safety adjacent to Department existing roadways, if necessary. Mitigation Measure 3.3 -13: The construction contractor shall support and encourage ridesharing Developer/ Construction Phase City of Newport Beach and transit incentives for the construction crew. Contractor Building or Public Works Departments Mitigation Monitoring and Repotting Program September 2006 Koll Company Corporate Headquarters Project Page 6 -3 TABLE 1 MITIGATION MONITORING PROGRAM Responsible Time Frame for Department or Agency Mitigation Measures Party Implementation Responsible for Monitoring Mitigation Measure 3.3 -14: The construction contractor shall utilize as much as possible pre- Developer/ Construction Phase City of Newport Beach coated/natural colored building materials. Water -based or low VOC coatings shall be used that Contractor Building Department comply with the most stringent SCAQMD Rule 1113 limits. Spray equipment with high transfer efficiency, such as the high volume -low pressure (HVLP) spray method, or manual coatings application such as paint brush hand roller, trowel, spatula, dauber, rag, or a sponge shall be used to reduce VOC emissions, where practical. Mitigation Measure 3.3 -15: If construction equipment powered by alternative fuel sources City of Newport Prior to issuance of City of Newport Beach (LPG /CNG) is available at comparable cost, the developer shall specify that such equipment be Beach Grading Permit Building Department used during all construction activities on the proposed Project site. Mitigation Measure 3.3 -16: The developer shall require the use of particulate filters on diesel Developer/ Prior to issuance of City of Newport Beach construction equipment if use of such filters is demonstrated to be cost - competitive for use on tins Project Grading Permit Building Department proposed Project Architect Cultural Resources The following mitigation measures would reduce potential impacts associated with unknown cultural resources on -site: Mitigation Measure 3.5 -1: Prior to the issuance of a grading permit, the applicant shall provide Developer/ Prior to Issuance of City of Newport Beach written evidence to the Planning Director that a qualified archaeologist has been retained to observe Contractor Grading Permit Planning Department grading activities and conduct salvage excavation of archaeological resources as necessary. The archaeologist shall be present at the pre - grading conference, shall establish procedures for archaeological resources surveillance, and shall establish, in cooperation with the applicant, procedures for temporarily halting or redirecting work to permit the sampling, identification, and evaluation of the artifacts as appropriate. If additional or unexpected archaeological features are . discovered, the archaeologist shall report such findings to the applicant and to the Planning Department If the archaeological resources are found to be significant, the archaeological observer shall determine appropriate actions, in cooperation with the applicant, for exploration and/or salvage. These actions, as well as final mitigation and disposition of the resources, shall be subject to the approval of the Planning Director. Mitigation Measure 3.5-2: Prior to the issuance of a grading permit, the applicant shall provide written evidence to the Planning Director that a qualified paleontologist has been retained to Developer/ Prior to Issuance of City of Newport Beach observe grayling activities and conduct salvage fossils as necessary. The paleontologist shall be Contractor Grading Permit Planning Department present at the pre - grading conference, shall establish procedures for paleontological resource surveillance, and shall establish cooperation with the applicant, procedures for temporarily halting Mitigation Monitoring and Reporting Program September 2006 Koll Company Corporate Headquarters Project Page 64 TABLE 1 MITIGATION MONITORING PROGRAM Mitigation Measures Responsible Time Frame for Department or Agency Responsible for party Implementation Monitorimt or redirecting work to permit the sampling, identification and evaluation of fossils. If major paleontological resources are discovered which require long term baiting or redirecting of grading, the paleontologist shall report such findings to the applicant and to the Planning Department The paleontologist shall determine appropriate actions, in cooperation with the applicant, which ensure proper exploration and/or salvage. These actions, as well as final mitigation and disposition of the resources, shall be subject to the approval of the Planning Director. Hazards and Hazardous Materials The following mitigation measure would reduce potential impacts associated with potential hazards associated with John Wayne Airport: Mitigation Measure 3.7 -1: Prior to the issuance of a building permit for the office building, Developer Prior to Issuance of City of Newport Beach the Project Applicant shall file Form 7460 -1 with the Federal Aviation Administration (FAA). Building Permit Planning Department Upon receiving the FAA determination, the project shall be submitted to the Orange County Airport Land Use Commission (ALUC) for a determination of consistency. The project may be subject to additional conditions as required by the FAA and/or the ALUC in order to be found in compliance with the John Wayne Airport Environs Land Use Plan. Hydrology/Water Quality The following mitigation measure would reduce potential hydrology /water quality impacts associated with the proposed project: Mitigation Measure 3.8 71: Prior to issuance of a grading permit by the City, the Project Developer Prior to Issuance of City of Newport Beach Applicant shall develop and submit a Notice of Intent (NOI) and Storm Water Pollution Grading Permit Building Department and Prevention Plan ( SWPPP) to the Santa Ana RWQCB for compliance with the Statewide Code and Water Quality NPDES permit for construction activity. The SWPPP shall contain Best Management Practices Enforcement Division (BMPs) to be implemented during construction to minimize impacts to local receiving water from pollutants in storm water runoff. Such best management practices (BMPs) include use of sandbags, gravel bags, check dams, silt fences, soil binders, erosion control blankets, fiber rolls, riprap pads, and practices that prevent debris and pollutants (loose soils, hazardous materials, oil, grease and solvents, other construction materials) from entering the storm drain system. The Project Applicant shall provide the City of Newport Beach with a copy of the NOI and their application check as proof of filing with the.RWQCB. Mitigation Measure 3.8-2: Prior to issuance of a grading permit, the Project Applicant shall Developer/ Prior to Issuance of City of Newport Beach prepare and submit a Water Quality Management Plan (WQMP) for the proposed project, Contractor Grading Permit Building Department and subject to the approval of the Building Department and Code and Water Quality Enforcement Code and Water Quality Division. The WQMP shall provide appropriate Best Management Practices (BMPs) and Enforcement Division design elements to ensure that stormwater runoff is minimized to the maximum extent possible and that no violations of water quality standards or waste discharge requirements occur. Mitigation Monitoring and Reporting Program September 2006 Kell Company Corporate Headquarters Project Page 6-5 M = M 0 TABLE 1 MITIGATION MONITORING PROGRAM Mitigation Measures Responsible Time Frame for Department or Agency Responsible for party Implementation Monitoring Noise The following mitigation measures are recommended to reduce construction noise impacts on adjacent noise sensitive land uses: Mitigation Measure 3.11 -1: Construction activities shall be confined to the hours of 7:00 a.m. Developer/ Construction Phase City of Newport Beach and 6:30 p.m. on weekdays and on Saturdays between the hours of 8:00 am. and 6:00 p.m. Contractor Planning Department and Code and Water Quality Enforcement Division Mitigation Measure 3.11 -2: Equipment mufflers for construction equipment shall be used at Developer / Construction Phase City of Newport Beach all times. Contractor Planning Department and Code and Water Quality Enforcement Division Mitigation Measure 3.11 -3: Idling of construction vehicles and equipment shall be limited to Developer/ Construction Phase City of Newport Beach the extent feasible. Construction vehicles and equipment shall be properly operated and Contractor Planning Department and maintained and shall be turned off when not in use. Code and Water Quality Enforcement Division Transportation/Traffic The following mitigation measures would reduce any potential traffic and parking related impacts from the proposed Project: Mitigation Measure 3.15 -1: The parking design shall meet all City requirements regarding parking Developer/ Prior to Issuance of City of Newport Beach stall width, parking stall depth, parking aisle grade, and parking aisle - turning radii. Contractor Building Permit Public Works Department Utilities and Service Systems Water conservation measures suggested by the City of Newport Beach, would reduce demand for groundwater, surface water and imported water supplies. These water conservation measures include: Mitigation Measure 3.16 -1: New landscaping shall incorporate drought - tolerant plant Developer/ Prior to Issuance of City of Newport Beach materials and drip irrigation systems, wherever possible. Contractor Building Permit Planning Department Mitigation Monitoring and Reporting Program September 2006 Koll Company Corporate Headquarters Project Page 6 -6 TABLE 1 MITIGATION MONITORING PROGRAM Responsible Time Frame for Department or Agency Mitigation Measures party Implementation Responsible for Monitoring Mitigation Measure 3.16 -2: Water leaving the user's property due to over - irrigation of Developer/ Ongoing City of Newport Beach landscape, should be minimal. If an incident such as this is reported, a customer service Contractor Planning Department and representative will visit the location, investigate, inform resident if possible, leave a note and in Code and Water Quality some cases shut -off the water. Enforcement Division Mitigation Measure 3.16 -3: Watering should be done during the early morning or evening Developer/ Ongoing City of Newport Beach hours to minimize evaporation (between 4:00 p.m. and 9:00 a.m., the following morning). Contractor Planning Department and Code and Water Quality Enforcement Division Mitigation Measure 3.16 -4: All leaks are investigated and repaired. Developer / Ongoing City of Newport Beach Contractor Planning Department and Code and Water Quality Enforcement Division Mitigation Measure 3.16 -5: Water should not be used to clean paved surfaces, such as Developer/ Ongoing City of Newport Beach sidewalks, driveways, parking areas, etc., except to alleviate immediate safety or sanitation Contractor Planning Department and hazards. Code. and Water Quality Enforcement Division Mitigation Measure 3.16-6: Reclaimed water shall be used wherever available, assuming it is Developer/ Prior to Issuance of City of Newport Beach economically feasible. Contractor Building Permit Planning Department and Code and Water Quality Enforcement Division Mitigation Measure 3.16 -7: Installation of Ultra-Low Flush Toilets (ULF't) in the Developer/ Construction Phase City of Newport Beach development. Contractor Planning Department and Code and Water Quality Enforcement Division Mitigation Monitoring and Reporting Program September 2006 Koll Company Corporate Headquarters Project Page 6 -7 i t I, d Appendix A - Environmental Checklist Form 1 i I 1 i I • ENVIRONMENTAL CHECKLIST FORM 1. Project Title: Koll Company Corporate Headquarters Project ' 6. General Plan Designation: Administrative, Professional, Financial Commercial 7. Zoning: Administrative, Professional; Financial (APF) 8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets) if necessary.) ' A proposed Class A Office development of 21,311 GSF on a 1.49 acre site, currently in the Airport Statistical Area of the City of Newport Beach. The project consists of a two -story office building with design character in conformance with surrounding buildings. The building is approximately 40 feet in height above ground and allows for 17 subterranean parking spaces. The existing condition of the site is a surface parking lot. The project would require a General Plan Amendment to allow the additional 24,016 GSF of general office within the Airport Statistical Area of the City's General Plan; an amendment to the Koll Center Newport (KCN) Planned Community to allow the transfer of development rights from KCN Office Site B KCN Office Site A; and a Use Permit to allow the transfer of development intensity from KCN Office Site B to KCN Office Site A. 9. Surrounding Land Uses and Setting: (Briefly describe the projects surroundings.) The proposed project site is currently surrounded by a variety of land uses, primarily including Administrative, Professional and Financial Commercial (APF), as well as Retail and Service Commercial (RSC), General Industry (IND), and Government, Educational, and Institutional Facilities (GEIF). Nearby uses include the existing 10 -story Fairmont Hotel directly to the northeast and east, the approximately 7 -10 story Radisson Hotel buildings across MacArthur Boulevard to the northwest, paved surface parking lots to the north and south, and an existing nine -story office building and associated two -story parking structure to the southeast. South of the proposed project site at the intersection of MacArthur Boulevard and Von Karman Avenue is the Pacific Club, a private members only club with dining and athletic facilities. 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement): Santa Ana Regional Water Quality Control Board, John Wayne Airport Land. Use Commission Pape 1 of 10 2. Lead Agency Name and Address: City of Newport Beach Planning Department 3300 Newport Boulevard Newport Beach, CA 92663 3. Contact Person and Phone Number: Rosalinh Ung, Associate Planner (949) 644 -3208 ' 4. Project Location: 4450 MacArthur Blvd. Newport Beach, CA 92660 ' Orange County 5. Project Sponsor's Name & Address: City of Newport Beach Plpn� Department 3300 Newport Boulevard ' Newport Beach, CA 92663 ' 6. General Plan Designation: Administrative, Professional, Financial Commercial 7. Zoning: Administrative, Professional; Financial (APF) 8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets) if necessary.) ' A proposed Class A Office development of 21,311 GSF on a 1.49 acre site, currently in the Airport Statistical Area of the City of Newport Beach. The project consists of a two -story office building with design character in conformance with surrounding buildings. The building is approximately 40 feet in height above ground and allows for 17 subterranean parking spaces. The existing condition of the site is a surface parking lot. The project would require a General Plan Amendment to allow the additional 24,016 GSF of general office within the Airport Statistical Area of the City's General Plan; an amendment to the Koll Center Newport (KCN) Planned Community to allow the transfer of development rights from KCN Office Site B KCN Office Site A; and a Use Permit to allow the transfer of development intensity from KCN Office Site B to KCN Office Site A. 9. Surrounding Land Uses and Setting: (Briefly describe the projects surroundings.) The proposed project site is currently surrounded by a variety of land uses, primarily including Administrative, Professional and Financial Commercial (APF), as well as Retail and Service Commercial (RSC), General Industry (IND), and Government, Educational, and Institutional Facilities (GEIF). Nearby uses include the existing 10 -story Fairmont Hotel directly to the northeast and east, the approximately 7 -10 story Radisson Hotel buildings across MacArthur Boulevard to the northwest, paved surface parking lots to the north and south, and an existing nine -story office building and associated two -story parking structure to the southeast. South of the proposed project site at the intersection of MacArthur Boulevard and Von Karman Avenue is the Pacific Club, a private members only club with dining and athletic facilities. 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement): Santa Ana Regional Water Quality Control Board, John Wayne Airport Land. Use Commission Pape 1 of 10 • ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ' DETERMINATION (To be completed by the 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 find that although the proposed project could have a significant effect on the environment, tyre will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I fed that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a "potentially significant or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, ' but It must analyze only the effects that remain to be addressed. ❑ 1 find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. 11 [1 1 TAS /04 Date City of Newport Beach For FORM "P' Page 2 of 10 ❑ Aesthetics ❑ Agriculture Resources ❑ Biological Resources ■ Cultural Resources ❑ (3eoloesoils ■ Hazards & Hazardous ■ Hydrology/Water Quality ❑ Land UsetPlamting Materials ■ Noise ❑ ■ Population/Ilousing Trsnsportation/Traffic ❑ Mineral Resources ❑ Public Services ❑ Recreation ■ Utilitiea/sesvice Systems 0 Air amity ' ❑ Mandatory Findings of Significance ' DETERMINATION (To be completed by the 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 find that although the proposed project could have a significant effect on the environment, tyre will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I fed that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a "potentially significant or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, ' but It must analyze only the effects that remain to be addressed. ❑ 1 find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. 11 [1 1 TAS /04 Date City of Newport Beach For FORM "P' Page 2 of 10 • EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except 'No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rapture zone). A "No Impact' answer should be explained Where it is based on project - specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project- specific screening analysis). ■ 2) All answers must take account of the whole action involved, including off - site as well as on -site, cumulative as well as project - level, indirect as well as direct, and construction as well as operational impacts. 3) _ Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant "Potentially Significant Impact' is appropriate if there is substantial evidence that an effect is significant. If there are one or more 'Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) `Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation ' of mitigation measures has reduced an effect from "Potentially Significant Impact' to a "Less than Significant Impact" The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross- referenced). ' 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analyses Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site - specific conditions for the project. ' 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources. A source list should be attached, and other sources used or individuals contacted should be cited in the discussion ' 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions form this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance. Pa I 11) I I J J 1 i 1 1 II ENVIRONMENTAL ANALYSIS QUESTIONS: paaa. d of 10 No Impact 0 ■ 0 0 0 J n 01 1 Less Than Potentially Significant Less Than Issues: - Significant With Significant - Impact Mitigation Impact Incorporated L AESTHETICS Would the project: a) Have a substantial adverse effect on a scenic vista? 0 0 ■ b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings 0 0 0 within a state scenic highway? c) Substantially degrade the existing visual character or quality 0 0 ■ of the site and its surroundings? d) Create a new source of substantial light or glare, which 0 0 ■ would adversely affect day or nighttime views in the area? IL AGRICULTURE 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 Dept. 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 0 0 0 Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural use, or a 0 0 0 Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of 0 0 0 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 0 0 ■ air quality plan? b) Violate any air quality standard or contribute substantially to 0 0 ■ 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- attaimnent under an applicable federal or state ambient air quality standard 0 0 ■ (including releasing emissions, which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant 0 p ■ concentrations? e) Create objectionable odors affecting a substantial number of 0 0 ■ people? IV. BIOLOGICAL RESOURCES Would the project: paaa. d of 10 No Impact 0 ■ 0 0 0 J n 01 1 Issues: 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? 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? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? K CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in § 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? e) 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? YI. GEOLOGYAND SOILS. Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist - Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic - related ground failure, including liquefaction? iv) Landslides? Paee 5 of IQ ❑ ❑ ❑ ■ O ❑ ❑ ■ Less Than ❑ ■ Potentiany Significant Less Thin Significant With Significant No Impact impact Nfigauon Impact Incorporated ❑ ❑ ❑ ■ O ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ■ ❑ ■ ❑ ■ ❑ ❑ ❑ ❑ ❑ ■ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ❑ ■ Issues: b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or 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 (1994), creating substantial risks to life or property? 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? HE HAZARDSANDHAZARDOUSMATERIALS. 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? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code section 65962.5 and, as. a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan 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? 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? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildl nd fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? VIII. HYDROLOGYAND {PATER QUALITY. Would the project a) Violate any water quality standards or waste discharge requirements? Pane 6 of to ❑ ❑ Less Than ❑ ❑ ■ ❑ Potentially Significant Less Than ❑ ■ Significant With Significant No Impact. Impact A1ifigation Impact Incorporated ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ 13 ❑ ❑ ❑ ■ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ 17 ■ ❑ ❑ ❑ ■ ❑ ■ ❑ ❑ ❑ ❑ ❑ • ❑ ❑ ■ ❑ ❑ ❑ ❑ ■ ❑ ■ ❑ ❑ Issues: 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? 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? e) Create or contribute runoff water which would exceed the capacity of existing or phmned.stomr water drainage systems or provide substantial additional sources of polluted runoff? 1) Otherwise substantially degrade water quality? g) 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? h) Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? k) Result in significant alteration of receiving water quality drying or following construction? 1) Result in a potential for discharge of stormwater pollutants from areas of material storage, vehicle or equipment fueling, vehicle or equipment maintenance (including washing), waste handling, hazardous materials handling or storage, delivery areas, loading docks or other outdoor work areas? m) Result in the potential for discharge of stormwater to affect the beneficial uses of the receiving waters? n) Create the potential for significant changes in the flow velocity or volume of stormwater runoff to cause environmental harm? o) Create significant increases in erosion of the project site or surrounding areas? IX LAND USE AND PLANNING Would the project: a) Physically divide an established community? Page 7 of 10 Less Than Potentially Significant Significant With Impact Mitigation incorporated Less Than Significant No Impact impact ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ o ❑ ❑ ❑ ❑ ❑ ❑ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ Page 9 of 10 Less Than " Potentially Significant Less Than Issues: Significant With Significant No Impact Impact Mitigation Impact - Incorporated 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 0 0 ❑ ■ natural community conservation plan? 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 0 0 ❑ ■ state? b) Result in the loss of availability of a locally - important mineral resource recovery site delineated on a local general 0 0 ❑ ■ plan, specific plan or other land use plan? M. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in 0 ■ ❑ 0 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 p ■ ❑ 0 groundbome vibration or groundbome noise levels? c) A substantial permanent increase in ambient noise levels in p ■ 0 ❑ the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient ❑ noise levels in the project vicinity above levels existing without ❑ ❑ ■ the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose ❑ ❑ 0 ■ 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 0 0 to excessive noise levels? X11 POPULATIONAND HOUSING. Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) 0 0 ■ ❑ or indirectly (for example, through extension of road or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing 0 .0 0 ■ elsewhere? c) Displace substantial numbers of people, necessitating the 0 0 0 ■ construction of replacement housing elsewhere? XUI. PUBLIC SERVICES. Would the project: Page 9 of 10 Issues: a) 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? MV. RECREATION. Would the project: a) 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 have an adverse physical effect on the environment? XY 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)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Page 9 of 10 Less Than Potentially Significant Less Than Significant with significant No Impact Impact Mifigation Impact Incorporated ❑ ❑ ❑ ■ ❑ ❑ o ■ Page 10 of 10 No Impact 0 0 Less Than Potentially Significant Less Than Issues: Significant With significaat Impact butigation Impact Incorporated XVI. UTILITIES AND SERVICE SYSTEMS. Would 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 ❑ ❑ 0 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? c) Result in a deterreination by the wastewater treatment provider wbich 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 perinitted capacity to ❑ ❑ ■ accommodate the project's solid waste disposal needs? g). Comply with federal, state, and local statutes and regulations ❑ ❑ ■ related to solid waste? XVIL MANDA TOR YFINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat or a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or ❑ ❑ ■ animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effects of a project are considerable ❑ ❑ ■ when viewed in connection with the effects of past projects, the effects of other current project, and the effects of probable future projects.) c) Does the project have environmental effects which will cause substantial adverse effects on hutrwan beings, either ❑ ■ ❑ directly or indirectly? Page 10 of 10 No Impact 0 0 I i 'i Appendix B — Air Quality Analysis 1 Page: 1 07/21/2006 11:15 AM • URHEMIS 2002 For Windows 8.7.0 File Name: C: \Program Files \URBEMIS 2002 Version 8.7 \Projects2k2\R011 HQ.urb Project Name: Roll HQ - Newport Beach, CA Project Location: South Coast Air Basin (Los Angeles area) On -Road Motor Vehicle Emissions Based on EMPAC2002 version 2.2 SUMMARY REPORT (Pounds /Day - Summer) CONSTRUCTION EMISSION ESTIMATES ' <' 2007 ' ROG NOx CO 502 TOTAL EXHAUST DUST TOTALS ilbs /day,unmitigated) 43.44 52:72 62.53 0.05 4.47 1.65 2.82 TOTALS (lbs /day, mitigated) 43.44 52.72 62.53 0.05 4.47 1.65 2.82 AREA SOURCE EMISSION ESTIMATES ROG NOx 00 802 PM10 TOTALS (lbs /day,unmitigated) 0.41 0.15 0.81 0.00 0.00 OPERATIONAL (VEHICLE) EMISSION ESTIMATES ROG NOx CO 802 PH10 TOTALS (lbs /day,unmitigated) 2.53 3.09 32.94 0.02 3.27 SUM OF AREA AND OPERATIONAL EMISSION ESTIMATES ROG Nbx CO 802 PM10 TOTALS (lbs /day,unmitigated) 2.94 3.23 33.75 0.02 3.27 BID i 1 i I �1 i �1 �1 I I Page: 2 07/21/2006 11:15 AM • URBEMIS 2002 For Windows 8.7.0 I File Name: C: \Program Files \URBEMIS 2002 Version 8.7 \Projects2k2 \Roll HQ.urb Project Name: Roll HQ - Newport Beach, CA Project Location: South Coast Air Basin (Los Angeles area) On -Road Motor Vehicle Emissions Based on EMFAC2002 version 2.2 ' DETAIL REPORT (Pounds /Day - Summer) Construction Start Month and,Year: January, 2007 ' Construction Duration: 12 Total Land Use Area to be Developed: 1 acres Maximum Acreage Disturbed Per Day: 0.2 acres Single' Family Units: 0 Multi- Family Units: 0 Retail /office /Institutional /Industrial Square Footage: 21375 CONSTRUCTION EMISSION ESTIMATES UNMITIGATED (lbs /day) PH10 PM10 PM10 Source ROG Now CO S02 TOTAL EXHAUST DUST 2007•'* Phase 1 - Demolition Emissions Fugitive Dust - - - _ 2.78 - 2.78 Off -Road Diesel 3.53 21.61 29.97 0.81 0.81 0.00 On -Road Diesel 0.44 9.62 1.62 0.02 0.22 0.16 0.04 Worker Trips 0.02 0.06 0.55 0.00 0.00 0.00 0.00 Maximum lbs /day 3.99 31.29 32.14 0.02 3.81 0.99 2.82 Phase 2 - Site Grading Emissions - - Fugitive Dust - 2.00 2.00 Off -Road Diesel 4.06 24.09 34.48 0.77 0.77 0.00 On -Road Diesel 1.29 28.50 4.80 0.05 0.67 0.55 0.12 Worker Trips 0.07 0.13 1.39 0.00 0.00 0.00 0.00 Maximum lbs /day 5.42 52.72 40.67 0.05 3.44 1.32 2.12 Phase 3 - Building Construction Bldg Const Off -Road Diesel 3.31 21.61 26.92 0.82 0.82 0.00 Bldg Const Worker Trips 0.05 0.03 0.64 0.00 0.01 0.00 0.01 Arch Coatings Off -Gas 35.95 - - - - - - �rch Coatings Worker Trips 0.05 0.03 0.64 0.00 0.01 0.00 0.01 sphalt Off -Gas 0.05 - - _ - - - ephalt Off -Road Diesel 4.00 24.09 33.99 0.83 0.83 0.00 Asphalt On -Road Diesel 0.01 0.19 0.04 0.00 0.00 0.00 0.00 Asphalt Worker Trips 0.02 0.01 0.29 0.00 0.00 0.00 0.00 Maximum lbs /day 43.44 45.97 62.53 0.00 1.67 1.65 0.02 Max lbs /day all phases 43.44 52.72 62.53 0.05 4.47 1.65 2.82 Phase 1 - Demolition Assumptions Start Month /Year for Phase 1: Jan '07 Phase 1 Duration: 0.6 months Building Volume Total (cubic feet): 25875 Building Volume Daily (cubic feat): 6612.5 i On -Road Truck Travel (VMT): 366 Off -Road Equipment No. Type Horsepower Load Factor Houra /Day 2 Graders 174 0.575 8.0 Phase 2 - Site Grading Assumptions ' Start Month /Year for Phase 2: Jan '07 Phase 2 Duration: 1.2 months On -Road Truck Travel (VMTh 1090 Off -Road Equipment No. Type Horsepower Load Factor Hours /Day ' 3 Rubber Tired Loaders 165 0.465 8.0 Phase 3 - Building Construction Assumptions Start Month /Year for Phase 3: Feb '07 Phase 3 Duration: 10.2 months Start Month /Year for SubPhase Building: Feb '07 ' SubPhase Building Duration: 10.2 months Off -Road Equipment No. Type Horsepower Load Factor Houra /Day 1 Concrete /Industrial saws 84 0.730 B.0 1 Cranes 190 0.430 8.0 ' 1 Rough Terrain Forklifts 94 0.475 8.0 Start Month /Year for SubPhase Architectural Coatings: Dec '07 1 • I I.• Page: 3 07/21/2006 11:15 AM *Ub Phase Architectural Coatings Duration: 1 months Start Month /Year for SubPhase Asphalt: Dec '07 I SubPhase Asphalt Duration: 0.5 months Acres to be Paved: 0.2 off-Road Equipment No. Type Horsepower Load Factor Hours /Day 1 Grafters 174 0.575 8.0 ' 1 Pavers 132 0.590 8.0 1 Rollers 114 0.430 8.0 CONSTRUCTION EMISSION ESTIMATES MITIGATED (lbs /day) PM10 PM10 PM10 Source ROG NOx CO S02 TOTAL EXHAUST DUST • "" 2007` *+ Phase 1 - Demolition Emissions Fugitive Dust - - - - 2.78 - 2.78 Off-Road Diesel 3.53 21.61 29.97 - 0.81 0.81 0.00 On -Road Diesel 0.44 9.62 1.62 0.02 0.22 0.18 0.04 Worker Trips 0.02 0.06 0.55 0.00 0.00 0.00 0.00 Maximum Sba /day 3.99 31.29 32.14 0.02 3.81 0.99 2.82 Phase 2 - Site Grading Emissions Fugitive Dust - - 2.00 - 2.00 Off -Road Diesel 4.06 - 24.09 34.48 - 0.77 0.77 0.00 On-Road Diesel 1.29 28.50 4.80 0.05 0.67 0.55 0.12 Worker Trips 0.07 0.13 1.39 0.00 0.00 0.00 0.00 Maximum lbs /day 5.42 52.72 40.67 0.05 3.44 1.32 2.12 I Phase 3 - Building Construction Bldg Const Off -Road Diesel 3.31 21.61 26.92 0.62 0.62 0.00 Bldg Const Worker Trips 0.05 0.03 0.64 0.00 0.01 0100 0.01 Arch Coatings Off -Gas 35.95 - - - - - - Arch Coatings Worker Trips 0.05 0.03 Asphalt Off -Gas 0.05 0.64 0.00 0.01 0.00 0.01 Asphalt Off -Road Diesel 4.00 24.09 33.99 0.83 0.83 0.00 Asphalt On-Road Diesel 0.01 0.19 0.04 0.00 0.00 0.00 0.00 Asphalt Worker Trips 0.02 0.01 0.29 0.00 0.00 0.00 0.00 Maximum lbs /day 43.44 45.97 62.53 0.00 1.67 1,65 0.02 Max lbs /day all phases 43.44 52.72 62.53 0.05 4.47 1.65 2.82 ' Construction - Related Mitigation Measures Phase 1 - Demolition Assumptions Start Month /Year for Phase 1: Jan 107 Phase 1 Duration: 0.6 months Building Volume Total (cubic feet): 25875 Building Volume Daily (cubic feet): 6612.5 On -Road Truck Travel (VMT): 366 Off -Road Equipment No. Type Horsepower Load Factor Hours /Day 2 Grafters 174 0.575- 6.0 Phase 2 - Site Grading Assumptions ' Start Month /Year for Phase 2: Jan 107 Phase 2 Duration: 1.2 months On-Road Truck Travel (VMT): 1090 Off-Road Equipment No. Type Horsepower Load Factor Hours /Day 3 Rubber Tired Loaders 165 0.465 8.0 Phase 3 - Building Construction Assumptions Start Month /Year for Phase 3: Feb '07 Phase 3 Duration: 10.2 months Start Month /Year for SubPhase Building: Feb '07 SubPhase Building Duration: 10.2 months Off -Road Equipment No. Type Horsepower Load Factor Hours /Day 1 Concrete /Industrial saws 84 0.730 8.0 1 Cranes 190 0.430 8.0 ' 1 Rough Terrain Forklifts 94 0.475 8.0 Start Month /Year for SubPhase Architectural Coatings: Dec 107 SubPhase Architectural Coatings Duration: I months Start Month /Year for SubPhase Asphalt: Dec '07 SubPhase Asphalt Duration: 0.5 months I.• ' 712114 0 07/21/2006 11:15 AN •Acres to be Paved: 0.2 ' Off -Road Equipment No. Type 1 Graders 1 Pavers 1 Rollers 1 1 i J J 1 Horsepower Load Factor Hours /Day 174 0.575 8.0 132 0.590 8.0 114 0.430 8.0 1 11 10 1] 11 1 1� Page: ' 07/21/2006 11:15 AM eu SOURCE EMISSION ESTIMATES (Summer Pounds per Day, Unmitigated) Source ROG NOx CO 502 PM10 t Natural Gas 0.01 0.14 0.12 0 0.00 Rearth - No summer emissions Landscaping 0.10 0.00 0.69 0.00 0.00 Consumer Prdcts 0.00 - - - Architectural Coatings 0.30 - - - - ' TOTALS(lbs /day uitigated) nm 0.41 0.15 0.81 0.00 0.00 1 11 10 1] 11 1 1� II 1 1� 1 Page: 6 t 07/21/2006 11:15 AM i UNMITIGATED OPERATIONAL EMISSIONS ROG NOx CO 502 PM 10 General office building 2.53 3.09 32.94 0.02 3.27 TOTAL EMISSIONS 11ba /day) Does not include correction 2.53 3.09 32.94 for passby trips. 0.02 3.27 Does not include double counting adjustment for internal trips. OPERATIONAL (Vehicle) EMISSION ESTIMATES Analysis Year: 2008 Temperature (F): 90 Season: Summer EMFAC Version: EMFAC2002 (9/2002) Summary of Land Uses: No. Total Unit Type Acreage Trip Rate Units Trips General office building 14,03 trip311000 sq. ft, 21,38 299,89 ' Sum of Total Trips 299.89 Total Vehicle Miles Traveled 2,153.22 Vehicle Assumptions: Fleet Mix: Vehicle Type Percent Type Non - Catalyst Catalyst Diesel Light Auto 55.00 1.60 98.00 0.40 Light Truck < 3,750 lbs 15,00 2,70 95,30 2,00 .Light Truck 3,751- 5,750 16.20 1.20 97.50 1.30 ' Med Truck 5,751- 8,500 7.20 1.40 95.80 2.80 Lite -Heavy 6,501- 10,000 1.10 0.00 81.80 18.20 Lite -Heavy 10,001 - 14,000 0.40 0.00 50.00 50.00 Med -Heavy 14,001- 33,000 1.00 0.00 20.00 80.00 He8vy -Heavy 33,001- 60,000 0.90 0.00 11.10 88.90 line Haul > 60,000 Ica 0.00 0.00 0.00 100.00 Bus 0.20 0.00 50.00 50,00 _._)Urban Motorcycle 1.70 76.50 23.50 0.00 School Bus 0.10 0.00 0.00 100.00 Motor Home 1.20 8.30 83.30 8.40 Travel Conditions Residential Commercial Home- Some- Rome- Work Shop Other Commute Non -Work Customer Urban Trip Length (miles) 11.5 4.9 6.0 10.3 5.5 5,5 Rural Trip Length (miles) 11.5 4.9 6.0 10.3 5.5 5,5 Trip Speeds (mph) 35.0 40.0 40.0 40.0 40.0 40.0 8 of Trips - Residential 20.0 37.0 43.0 % of Trips - Commercial (by land use) - General office building 35.0 17.5 47.5 II 1 1� 1 1 ' Page: 2 07/21/2006 11:15 AM 'Changes made to the default values for Land Use Trip Percentages Changes made to the default values for Construction ' Changes made to the default values for Area The hearth option switch changed from on to off. The consumer products option switch changed from on to off. The landscape year changed from 2005 to 2008. ' Changes made to the default values for Operations The operational emisaion year changed from 2005 to 2008. 1 i t NOTICE OF PUBLIC HEARING The Koll Company Corporate Headquarters (PA2006 -095) NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing on the application of The Koll Company, for General Plan Amendment No. 2006 -003 and Planned Community Text Amendment No. 2006 -001 on property located at 4450 MacArthur Blvd. The property is located in the PC-15 (Koll Center) District. The Koll Company proposes to construct a 21,311 square foot, two -story office building over subterranean parking garage on a 1.49 -acre site at 4450 MacArthur Boulevard. The proposed project requires approval of a General Plan Amendmend to allow the additional 24,016 gross square feet of general office in the Sub -Area 1 -1 (Office Site A) of the Airport Area (Statistical Area L4) of the General Plan Land Use Element; and an amendment to the Koll Center Newport Planned Community to allow the transfer of 24,016 gross square feet of unused retail, restaurant and office square footage from Office Site B to Office Site A of the Koll Center Newport Planned Community (PC -15). NOTICE IS HEREBY FURTHER GIVEN that a Mitigated Negative Declaration has been prepared by the City of Newport Beach in connection with the application noted above. The Mitigated Negative Declaration states that, the subject development will not result in a significant effect on the environment. It is the present intention of the City to accept the Mitigated Negative Declaration and supporting documents. This is not to be construed as either approval or denial by the City of the subject application. The City encourages members of the general public to review and comment on this documentation. Copies of the Mitigated Negative Declaration 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) 6443200. NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on January 9. 2007, 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. POud iv ?. I - - Iz.Gq -04 �At'cd -0 PoS ai rti )�,C�qWow- 11.2"14 an- 11 -Z,4 ?VDViQ -HO �Q IGV ' 4 Maid � 0- ►ti -U-0 LaVonne M. Harkless, City Clerk City of Newport Beach NOTICE OF PUBLIC HEARING The Koll Company Corporate Headquarters (PA2006 -095) NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing on the application of The Koll Company, for General Plan Amendment No. 2006 -003 and Planned Community Text Amendment No. 2006 -001 on property located at 4450 MacArthur Blvd. The properly is located in the PC-15 (Koll Center) District. The Koll Company proposes to construct a 21,311 square foot, two -story office building over subterranean parking garage on a 1.49 -acre site at 4450 MacArthur Boulevard. The proposed project requires approval of a General Plan Amendmend to allow the additional 24,016 gross square feet of general office in the Sub -Area 1 -1 (Office Site A) of the Airport Area (Statistical Area L4) of the General Plan Land Use Element; and an amendment to the Koll Center Newport Planned Community to allow the transfer of 24,016 gross square feet of unused retail, restaurant and office square footage from Office Site B to Office Site A of the Koll Center Newport Planned Community (PC -15). NOTICE IS HEREBY FURTHER GIVEN that a Mitigated Negative Declaration has been prepared by the City of Newport Beach in connection with the application noted above. The Mitigated Negative Declaration states that, the subject development will not result in a significant effect on the environment. It is the present intention of the City to accept the Mitigated Negative Declaration and supporting documents. This is not to be construed as either approval or denial by the City of the subject application. The City encourages members of the general public to review and comment on this documentation. Copies of the Mitigated Negative Declaration 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 -3200. NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on January 9. 2007, 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. (/ IiG Uhl/1`t L" LaVonne M. Harkless, City Clerk City of Newport Beach NOTICE OF PUBLIC HEARING The Koll Company Corporate Headquarters (PA2006.095) NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing on the application of The Koll Company, for General Plan Amendment No. 2006 -003 and Planned Community Text Amendment No. 2006 -001 on property located at 4450 MacArthur Blvd. The property is located in the PC-15 (Koll Center) District. The Koll Company proposes to construct a 21,311 square foot, two -story office building over subterranean parking garage on a 1.49 -acre site at 4450 MacArthur Boulevard. The proposed project requires approval of a General Plan Amendmend to allow the additional 24,016 gross square feet of general office in the Sub -Area 1 -1 (Office Site A) of the Airport Area (Statistical Area 1-4) of the General Plan Land Use Element; and an amendment to the Koll Center Newport Planned Community to allow the transfer of 24,016 gross square feet of unused retail, restaurant and office square footage from Office Site B to Office Site A of the Koll Center Newport Planned Community (PC -15). NOTICE IS HEREBY FURTHER GIVEN that a Mitigated Negative Declaration has been prepared by the City of Newport Beach in connection with the application noted above. The Mitigated Negative Declaration states that. the subject development will not result in a significant effect on the environment. it is the present intention of the City to accept the Mitigated Negative Declaration and supporting documents. This is not to be construed as either approval or denial by the City of the subject application. The City encourages members of the general public to review and comment on this documentation. Copies of the Mitigated Negative Declaration and supporting documents are available for public review and inspection at the Planning Department, City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92656 -8915, (949) 6443200. NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on January 9. 2007, at the hour of 7:00 a.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) 6443200. LaVonne M. Haddess, City Clerk City of Newport Beach Office of the City Clerk CITY HALL 3300 Newport Blvd. Newport Beach, CA 92663 -3884 IMPORTANT PUBLIC HEARING NOTICE Jam and Smudge Free Printing 111111111111110 www.ave com Use Avery® TEMPLATE 51600 p.acy�b_ cSQ �j '�� 1-800-GO-AVERY 995- 131 -03 Rockwell Semiconductor 4311 Jamboree Rd Newport Beach, CA 92660 995- 131 -08 Ocrc Capital Corp 7 Corporate Plaza Dr Newport Beach, CA 92660 445- 131 -11 Pres -9390 Von Karman 1201 Dove St 100 Newport Beach, CA 92660 995- 131 -16 Mbc Holdings 4320 Von Karman Ave Newport Beach, CA 92660 995- 131 -21 Whl 1976 T Llc 9990 Von Karman Ave Newport Beach, CA 92660 995- 131 -26 Santa Barbara Bk & PO Box 3170 Honolulu, HI 96802 995- 132 -06 Scholle Jamboree Prop Dev 19500 Jamboree Rd Irvine, CA 92612 445- 182 -18 Cip Centerpointe 123 Llc 19762 Macarthur Blvd 350 Irvine, CA 92612 995- 141 -11 ' Alma Group 4650 Von Karman Ave Newport Beach, CA 92660 i 995- 191 -19 Kcn Ltd Edition Owners Assn 5030 Campus Dr Newport Beach, CA 92660 009&5 OAMBAV 995- 131 -04 Kcn A Management Llc 4343 Von Karman Ave Newport Beach, CA 92660 995- 131 -09 Spectrum Investments 17901 Von Karman Ave 950 Irvine, CA 92614 995- 131 -13 Tst Macarthur Llc. Macarthur(4525A) Blvd Newport Beach, CA 92660 995- 131 -18 Cornerstone Partners Iv Llc 18818 Teller Ave 277 Irvine, CA 92612 995- 131 -23 Nicholson Properties Vk Llc 18101 Von Karman Ave 1800 Irvine, CA 92612 995- 131 -27 4200 Von Karman Llc 1401 Quail St 100 Newport Beach, CA 92660 995- 132 -09 South Coast Thrift & Loan As: 19752 Macarthur Blvd Irvine, CA 92612 995- 141 -08 Beachwood Partners 4931 Birch St Newport Beach, CA 92660 995- 141 -12 Lyon Housing I Llc *M* 4901 Birch St 'j Newport Beach, CA 92660 995 - 141 -16 Beachwood Partners 4132 Katella Ave. Los Alamitos, CA 90720 A83AW-09.008-& uiasNane• m �� V AVERY® s16oO 995- 131 -05 Pres- Lakeside 1201 Dove St 100 Newport Beach, CA 92660 995- 131 -10 4350 Von Karman Llc 19800 Macarthur Blvd 500 Irvine, CA 92612 995- 131 -15 4000 Macarthur Y� 45 Rockefeller Plz New York, NY 10111 995- 131 -19 Cornerstone Partners Iv Llc 18818 Teller Ave 277 Irvine, CA 92612 445- 131 -25 Kcn A Management Llc 4343 Von Karman Ave Newport Beach, CA 92660 995- 131 -28 Kcn A Management Llc 4343 Von Karman Ave Newport.Beach, CA 92660 445- 132 -11 Bates Johnson Building Ltd 19742 Macarthur Blvd 240 Irvine, CA 92612 995- 141 -10 Lambeau Properties Llc 4921 Birch St 1 Newport Beach, CA 92660 995- 141 -13 Aetna Life'Insurance Co 4911 Birch St Newport Beach, CA 92660 995- 141 -27 Kcn Ltd Edition Owners Assn 5030 Campus Dr Newport Beach, CA 92660 O09&S weqv§ 81 zegipn apidej e6eLPqs @ &e eBeunoq.Ww uoismdwi Impression antibourrage et A secbage rapide www.averycom Utllisez le gabarit 51600 1- 800-GO -AVERY 427- 111 -09 427- 111 -10 Jrsm Corp Burlington National 1600 Dove St 480 PO Box 306 Newport Beach, CA 92660 Montpelier, VT 05601 QAVERY® s16o® 427- 173 -01 Bank First & 4301 Macarthur Blvd Newport Beach, CA 92660 427- 174 -03 927- 179 -09 927- 181 -01 Sanderson J & Ray - Macarthur Newport Hotel Holding Llc Pacific Plaza Associates 2699 White Rd 150 148 S Beverly Dr 204 4299 Macarthur Blvd 220 Irvine, CA 92614 Beverly Hills, CA 90212 Newport Beach, CA 92660 427- 181 -07 : 927- 161 -08 927- 181 -09 Ridgeway & Whitney Gurcharan & Baljeet Sandher Timothy J Flathers 2804 Lafayette Rd 17130 Apricot Cir 20292 Acre Newport Beach, CA 92663 Fountain Valley, CA 92708 Orange, CA 92869 4.27- 181 -10 First States Investors PO Box 27713 Houston, TX 77227 427- 222 -05 Malaguena 1000 Dove St 100 Newport Beach, CA 92660 i 427- 223 -02 David W Wilson 30100 Town Center Dr 310 Laguna Niguel, CA 92677 995- 121 -16 Irvine Co 550 Newport Center Dr Newport Beach, CA 92660 995- 122 -05 Makar Vdv Llc 4100 Macarthur Blvd 200 Newport Beach, CA 92660 995- 122 -11 Sunstone Macarthur Llc 903 Calle Amanecer 100 San Clemente, CA 92673 995- 122 -15 Pacific Club 4110 Macarthur Blvd Newport Beach, CA 92660 ®09LS ANRAV n 427- 181 -12 James R Glidewell PO Box 8127 Newport Beach, CA 92658 427- 222 -06 Pmc General Partnership 4001 Macarthur Blvd 300 Newport Beach, CA 92660 995- 072 -13 Regents Of The University Of 1111 Franklin St 6Th Oakland, CA 94607 995- 121 -17 Irvine Co 550 Newport Center Dr Newport Beach, CA 92660 427- 222 -01 Ca- Redstone Plaza Ltd Ptnshp I" PO Box A3879 Chicago, IL 60690 427- 223 -01 Mac Arthur Building Llc 2700 N Main St 780 Santa Ana, CA 92705 995- 121 -14 Irvine Co 550 Newport Center Dr Newport Beach, CA 92660 995- 121 -18 Bre & Esa Properties Llc 100 Dunbar St . Spartanburg, SC 29306 995 - 122 -06 - 995- 122 -09 Steadfast Koll I Llc S'miii 4590 Macarthur Llc 20411 SW Birch St 200 PO Box 130174 Newport Beach, CA 92660 Carlsbad, CA 92013 995- 122 -12 995- 122 -13 -. 9900 Macarthur Inc Irvine - 4400 Macarthur Inc 18818 Teller Ave 277 18818 Teller Ave 277 Irvine, CA 92612 Irvine, CA 92612 995- 122 -16 995- 131 -02 -: Kcn A Management Llc Rockwell Semiconductor - -. 4343 Von Karman Ave i' 4311 Jamboree Rd E09 901 Newport Beach, CA 92660 Newport Beach, CA 92660 AM3AV-0"08•L D09LS nvuivin &4jenV asil 11A rf"OAWAAA� bum ua aau a6onwc oue wer Jam and Smudge Free Printing Use Avery® TEMPLATE 51600 445- 141 -28 Beachwood Partners Two 4740 Von Karman Ave 100 Newport Beach, CA 92660 �. wwwaverymm AVERY® 51600 1- 800 -GO- AVERY V 445- 141 -30 Roger Stone 20321 SW Birch St 101 Newport Beach, CA 926 0 930 -30 -401 Nelson G Mamey 5160 Birch St 101 Newport Beach, CA 92660 445- 141 -29 Beachwood Partners 5031 Birch St J Newport Beach, CA 92660 445- 141 -31 445- 151 -01 Lebata Inc County Of Orange 4621 Teller Ave 1040 1143 E Fruit St Newport Beach, CA 92660 Santa Ana, CA 92701 930 -30 -402 930 -30 -403 Duggan -West Birch Street Llc Darts Building Partners 34655 Camino Capistrano 5120 Birch St 200 Capistrano Beach, CA 92624 Newport Beach, CA 92660 * ** 69 Printed * ** 930 -30 -404 Associates 5100 Birch St Newport Beach, CA 92660 AFFIDAVIT OF POSTING On °t (2 2006, I posted the Notice of Public Hearing regarding: The Koll Company Corporate Headquarters (PA2006 -095) Date of Hearing: January 9, 2007 Authorized to Publish Advertisements of all kinds including public entices by Decree of the Superior Coon of Ornuge Cozmty, California. Number A -6214, September 29, 1961, and A -24M I 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 CallfOmia, and that attached Notice is a true and complete copy as was printed and published on the following dates: DECEMBER 30,2006 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on DECEMBER 30,2006 at Costa Mesa, Galifomia: Signature RECENED 7M, sag 1 1 0 9. 33 NOTICE NEARING The Koll Company Corporate Headquarters (PA2DO6.095) NOTICE S HEREBY GIVEN that the council of the City of Newport Beach will hold a public I hearing On the Compan l y, for General he property is locaieo in the PC-15 (Koll Center) District. The Koll Company proposes to construct a 21,311 square foot, two - story office building over subterranean parking garage on a 1.49-acre site 614450 MacArthur Boulevard. The proposed project requires approval of a General Plan n.n.namana to allow the an of will not result in a tmticant effect on the ,nvimnment. It is the esent intention of the City to accept the Mitigated Negative Declaration and upporting documents, This is not to be construed as either ,proval or as by the City of the subject application. The City ncourages members of the general public to eview and comment on this documentation. Copies of the Mitigated legative Declaration and supporting documents are available for public ,,view and Inspection at he Planning Department, Cityy of Newport Beach, 1300 Newport Boulevard. Newport Beach, California, 92658 -6915, (949) 644-3200. NOTICE M B GIVENlhat said public hearing will be held on January 9, 2007. at the hour Of 7:00 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, Califor- nia, at which time and place any and all persons interested may appear and be heard thereon. If of unused retail, restaurant and office square footage from Office Site B to Office . Site A of the Koll Center Newport Planned Community (PC -15). NOTICE IS HEREBY FURTHER GIVEN that a Mitigated Negative Declaration has been prepared by the City of Newport Beach In connection with the application noted above. The Mitigated Negative Declaration states that, the subject development ie limited to raising only those issues you or someone else raised at the public hearing de- scrl n writtenscorrece or, December 3u, zuuo 438 �— ,X