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Home My WebLink About16 - Newport Business PlazaCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 16 October 26, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Janet Johnson Brown, Associate Planner 949 - 644 -3236, ibrown(c)newportbeachca.gov SUBJECT: Newport Business Plaza (PA2008 -164 4699 Jamboree Road and 5190 Campus Drive • General Plan Amendment No. GP2008 -007 • Planned Community Development Plan Amendment No. PD2009 -001 • Tentative Parcel Map No. NP2010 -006 (County TPM No. 2010 -101) APPLICANT: WPI- Newport, LLC ISSUE The applicant requests approval of a General Plan Amendment, Planned Community Development Plan Amendment, and a Tentative Parcel Map to accommodate redevelopment of the project site with a new approximately 46,000- gross- square -foot commercial business plaza. RECOMMENDATION 1. Conduct a public hearing; and 2. Adopt Resolution No. (Attachment No. CC 1) documenting the following City Council actions: a. Adopt the Mitigated Negative Declaration, including the Mitigation Monitoring and Reporting Program; and b. Approve General Plan Amendment No. 2008 -007; and c. Approve Tentative Parcel Map No. 2010 -006; and d. Waive the requirement for a Development Agreement. 3. Introduce an ordinance approving Planned Community Development Plan Amendment No. PD2009 -001 and pass to a second reading for adopted on November 9, 2010 (Attachment No. CC 2). Project Site Newport Business Plaza (PA2008 -164) October 26, 2010 Page 3 2. An amendment to the Koll Center Newport (PC -15) Planned Community text to allow an increase to the Allowable Building Area for Professional & Business Office Site F by 18,346 net square feet (NSF). 3. A tentative parcel map for commercial condominium purposes, and to combine the existing two parcels (Parcel 1 at 4699 Jamboree Road, and P arcel 2 at 5190 Campus Drive) into a single building site. Please refer to the attached August 5, 2010, Planning Commission Staff Report for a detailed discussion and analysis of the proposed project, related application requests, and the Mitigated Negative Declaration (MND) prepared for the project (Attachment No. CC 3). Planning Commission Review The Planning Commission conducted a public hearing to review the project and related application requests on August 5, 2010. The Planning Commission voted 6 ayes, 1 excused, to recommend that City Council adopt the MND and approve the project, as proposed. The Planning Commission found the project to be consistent with the General Plan policies and Koll Center Newport Planned Community development standards. The Planning Commission also determined that the proposed parcel map is consistent with the Zoning Code, and that facts in support of the required findings per Section 19.12.070 (Required Findings for Action on Tentative Maps) of the NBMC could be made. Findings and facts in support of the findings are reflected in Resolution No. 1816 adopted by the Planning Commission on August 5, 2010 (Attachment CC 4). As part of the Planning Commission's action, the following condition was added to the Conditions of Approval for Tentative Parcel Map No. NP2010 -006: 4. Redevelopment of the project site shall be in substantial conformance with the conceptual plans submitted with the application dated March 15, 2010, and on file with the Planning Department.' Charter Section 423 (Measure S) Charter Section 423 requires voter approval of any major General. Plan amendment to the General Plan. A major General Plan amendment is one that significantly increases allowed intensity by 40,000 square feet of non - residential floor area, or increases traffic by more than 100 peak hour vehicle trips, or increases residential dwelling units by 100 ' The applicant prepared and submitted detailed conceptual project plans for informational purposes only. Detailed plans are not a required submittal item pursuant to Council Policy K -1, which provides procedures for amendments to the General Plan. However, the Koll Center Newport Planned Community Development Considerations require that a precise development plan be submitted to the Planning Director for review prior to the issuance of any building permits. Newport Business Plaza (PA2008 -164) October 26, 2010 Page 4 units. These thresholds apply to the total of increases resulting from the amendment itself, plus 80 percent of the increases resulting from other previously approved General Plan amendments within the same Statistical Area adopted within the preceding ten years. Council Policy A -18, which implements Charter Section 423, requires that proposed amendments to the General Plan be reviewed to determine if a vote of the Newport Beach electorate would be required. The project site is located within Statistical Area L4, and if approved, the General Plan amendment would result in an increase of 11,544 GSF of non - residential floor area. Based on the trip generation rates provided in Council Policy A -18 (blended commercial rate), the proposed increase in non - residential floor area to the General Plan is forecast to generate an additional 34 a.m. peak hour trips and 46 p.m. peak hour trips. There has been one prior amendment approved within Statistical Area L4 since adoption of the 2006 General Plan, which was adopted on January 9, 2007, and is shown in Table 1 below. As indicated in the table, the increase attributable to the proposed General Plan amendment, when added to 80 percent of the prior General Plan amendment, does not exceed the non - residential floor area threshold, and does not exceed the a.m. or p.m. peak hour vehicle trips threshold. Thus, none of the three thresholds are exceeded; and therefore, a vote by the electorate would not be required if the amendment is approved by the City Council. If approved by City Council, the amendment will become a prior amendment that will be tracked for ten years in accordance with Charter Section 423. G P2006 -096 Proposed An 19,212.8 sq.ft. (80 %) 11,544 sq.ft. (100 %) Airport Land Use Commission 34.19 a.m, trips (80 %) 1 33.04 a.m. trips (80 %) 34.63 a.m. trips (100 %) 1 46.17 p.m. trips (100 %) The project site is within the Airport Environs Land Use Plan ( AELUP) Airport Planning Area. Projects requiring General Plan amendments that are located within the AELUP Airport Planning Area must be referred to the Orange County Airport Land Use Commission (ALUC) for a determination of consistency with the AELUP prior to adoption by the City. The ALUC will consider the project on October 21, 2010, during their regularly scheduled meeting. Staff anticipates a finding of consistency, and as this staff report was distributed prior to October 21, 2010, staff will provide City Council with the ALUC's determination at the City Council Meeting. Newport Business Development Agreement Plaza (PA2008 -164) October 26, 2010 Page 5 Pursuant to Section 15.45.020 A.2.c (Development Agreement Required) of the NBMC, development agreements shall be required in conjunction with City approval of a project that requires a General Plan amendment and includes non - residential development in Statistical Area L4 (Airport Area). Section 15.45.020 C provides that the City Council may waive the requirement for a development agreement if it finds that the legislative act is of a minor nature, the project provides significant public benefits to the City, or the nature of the project is such that neither the City nor the developer would benefit from a development agreement." The Planning Commission found the project to be consistent with the General Plan policies, including Policy LU 3.2. This policy encourages the enhancement of existing neighborhoods, districts, and corridors, by allowing for re -use and infill with uses that are complementary in type, form, scale, and character. As provided for in Planning Commission Resolution No. 1816, the City Council could find the project provides significant public benefits to the City for following reasons: • The increased development limit would allow for redevelopment of the existing underperforming properties. • The project what would generate greater architectural presence and enhance this prominent intersection at the northeast boundary of the City limits. • The project would be served by adequate infrastructure and public services, and the proposed increase in development limits would not exceed existing service levels for public services or utilities. • When compared to the existing uses of the site, the proposed project would result in a decrease in trips due to the reduction in square footage of the existing bank building from approximately 10,000 square feet to approximately 4,000 square feet .2 As a result, the decrease in trips during operation of the proposed project would not impact the standards for acceptable traffic level of service in this area. • As discussed in Chapter 3 of the MND on the resource topic of Population and Housing (page 3 -56), the project would provide short-term and long -term employment opportunities. During construction of the commercial business plaza, 2 These trip rates calculations differ from Charter Section 423 trip rate calculations because they are based on the overall square footage of the proposed project, whereas Charter Section 423 calculations are based only on the amount of increased square footage to the General Plan. The ITE Trip Generation, 8th Edition assigns a.m., p.m. and daily peak hour trips to various land uses based on the square footage of the land use. For office building land uses the trip rates are 1.55 a.m. and 1.49 p.m. peak hour trips, and for bank land uses the trip rates are and 12.35 a.m. and 25.82 p.m. peak hour trips. Because the square footage devoted to bank land use would decrease as a result of the proposed project, the overall a.m. and p.m. peak hour trips would decrease when compared to the existing uses of the site. 5 Newport Business Plaza (PA2008 -164) October 26, 2010 Page 6 approximately 47 construction workers would be required to build the project. The project would provide long -term employment opportunities for approximately 148 persons in banking and professional business services (an increase of 83 employees over the approximately 65 employees currently on site). Thus, project has the potential to stimulate the economy by providing jobs for the local and regional labor pool. • The project involves the redevelopment of a 1.76 acre site with a new approximately 46,000 -GSF commercial business plaza to be constructed in a single phase over an anticipated 14 -month period. The development standards and regulations for the project are established by the Koll Center Newport Planned Community text, adopted by City Council in August 1972. The overall nature of the project is such that neither the City nor the developer would benefit from a development agreement. If the City Council concurs that the project could provide significant public benefits to the City, and that neither the City nor the developer would benefit from a development agreement, staff recommends that the requirement for a development agreement be waived. Environmental Review Prior to taking action on the requested General Plan and Planned Community text amendments, and the tentative parcel map, the City Council must first review, consider, and adopt the MND. The MND was circulated for a 20 -day public review period on May 19, 2010, and concluded on June 7, 2010. Comment letters were received from four agencies which are attached to the Planning Commission Staff Report (Attachment No. PC 6 of the report). An Errata to the MND was prepared to provide clarifications or corrections to the MND related to the comments received, and is included as Chapter 4 of the MND. No new signification environmental impacts were identified, and no new mitigation measures were added to the Mitigation Monitoring and Reporting Program (MMRP) as a result of the comments. 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. The environmental assessment process was also noticed in a similar manner and all mandatory notices per the California Environmental Quality Act were given. Finally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the city website. Altematives The City Council may require a development agreement, approve a revised project, or deny the application. Pursuant to Council Policy K 1, which provides procedures for amendments to the General Plan, if the City Council intends to make major changes Newport Business Plaza (PA2008 -164) October 26, 2010 Page 7 and take an action not considered by the Planning Commission, the changes shall be referred back to the Planning Commission for its recommendation. Should the City Council choose to approve a revised project that is minor in nature, staff will return with a revised resolution incorporating new findings and /or conditions. Prepared by: JA*t'apePlanner � n Brown Attachments: Submitted by: J_affies W. Camp ell Acting Planning Director Attachment CC 1: Draft Resolution Attachment CC 2: Draft Ordinance Attachment CC 3: Planning Commission Staff Report dated August 5, 2010 Attachment CC 4: Planning Commission Resolution No. 1816 City Council Meeting October 26, 2010 NEWPORT BUSINESS PLAZA 5190 CAMPUS DRIVE 4699 JAMBOREE ROAD STATISTICAL AREA L4 (AIRPORT AREA) Approvals Requested: ■ Amend the General Plan Land Use Element to increase development limit by 11,544 GSF ■ Amend the Koll Center Newport Planned Community text to increase the allowable building area by 18,346 NSF ■ Tentative Parcel Map for commercial condominium purposes and combine 2 lots into a single parcel of land ■ Planning Commission -Recommends Approval of Project ■ Charter Section 423 -Voter Approval Not Required ■ Airport Land Use Commission — Finds Project Consistent ■ Development Agreement — Required but Waiver Requested it Recommendation: 1. Adopt a Resolution documenting the following actions: • Adopt the MND, including the MMRP • Approve the General Plan Amendment • Approve the Tentative Parcel Map • Waive Development Agreement 2. Introduce an Ordinance approving Amendment to Koll Center Newport PC pass to a second reading on November 9, 2010 Conceptual Elevations AFFIDAVIT OF POSTING On Oc, lS , 2010, I posted the Notice of Public Hearing regarding: Newport Business Plaza General Plan Amendment Date of Hearing: October 26, 2010 ;;it`t Attachment No. CC 1 Draft Resolution L RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING A MITIGATED NEGATIVE DECLARATION, APPROVING GENERAL PLAN AMENDMENT NO. GP2008 -007, APPROVING TENTATIVE PARCEL MAP NO. NP2010 -006 FOR A NEW COMMERCIAL BUSINESS PLAZA LOCATED 4699 JAMBOREE ROAD AND 5190 CAMPUS DRIVE (PA2008 -164) THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by WPI- Newport, LLC, with respect to property located at 4699 Jamboree Road and 5190 Campus Drive, and legally described as Parcels 1 and 2 of Parcel Map, as per map filed in Book 142, Pages 18 and 19 of Parcel Maps, in the Office of the Orange County Recorder, requesting approval of: 1) a General Plan Amendment to increase the maximum allowable development limit for Anomaly Location #6 of the Land Use Element by 11,544 gross square feet, 2) an amendment to the Koll Center Newport (PC -15) Planned Community text to allow an increase to the Allowable Building Area for Professional & Business Office Site F by 18,346 net square feet, and 3) approval of a tentative parcel map for commercial condominium purposes, and to combine the existing two parcels (Parcel 1 at 4699 Jamboree Road and Parcel 2 at 5190 Campus Drive) into a single building site. 2. The applicant proposes to demolish the two existing buildings and redevelop the site with a new approximately 46,000- gross- square -foot commercial business plaza. 3. The subject property is located within the Koll Center Newport (PC -15) Planned Community Zoning District and the General Plan Land Use Element category is Mixed - Use Horizontal 2 (MU -H2). 4. The subject property is not located within the coastal zone. A public hearing was held by the Planning Commission on August 5, 2010, 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 Newport Beach Municipal Code (NBMC). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. 6. At the August 5, 2010, Planning Commission hearing, the Planning Commission voted 6 ayes 1 excused recommending that the City Council approve the project as proposed, subject to findings and conditions of approval. 7. At its regular meeting of October 21, 2010, the Airport Land Use Commission for Orange County considered the project and voted to find the project consistent with the Commission's Airport Environs Land Use Plan for John Wayne Airport. Q 1 City Council Resolution No. Newport Business Plaza (PA2008 -164) Paqe 2 of 21 8. A public hearing was held by the City Council on October 26, 2010, 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 NBMC. Evidence, both written and oral, was presented to, and considered by, the City Council at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. An Initial Study and Mitigated Negative Declaration have been prepared in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3. 2. The draft Mitigated Negative Declaration was circulated for a 20 -day public comment period beginning on May 19, 2010, and ending on June 7, 2010. The contents of the environmental document and comments on the document were considered by the Planning Commission and City Council in its review of the proposed project. 3. On the basis of the entire environmental review record, the proposed project, with mitigation measures, will have a less than significant impact upon the environment and there are no known substantial adverse affects on human beings that would be caused. Additionally, there are no long -term environmental goals that would be compromised by the project, nor cumulative impacts anticipated in connection with the project. The mitigation measures identified and incorporated in the Mitigation Monitoring and Reporting Program are feasible and will reduce the potential environmental impacts to a less than significant level. 4. The Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program attached as Exhibit "A" is hereby adopted. The document and all material, which constitute the record upon which this decision for recommendation was based, are on file with the Planning Department, City Hall, 3300 Newport Boulevard, Newport Beach, California. 5. The City Council finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger. SECTION 3. FINDINGS. 1. The project site is located in the Statistical Area L4 (Airport Area) of the Land Use Element of the General Plan, and is identified as Anomaly Location #6. The General Plan Land Use Element designates the project site as Mixed -Use Horizontal 2 (MU- H2). The MU -H2 designation provides for a horizontal intermixing of uses that may 10 City Council Resolution No. Newport Business Plaza (PA2008 -164) Page 3 of 21 include regional commercial office, multifamily residential, vertical mixed -use buildings, industrial, hotel rooms, and ancillary neighborhood commercial uses. The proposed new commercial business plaza is consistent with this designation. 2. General Plan Policy LU 3.2 encourages the enhancement of existing neighborhoods, districts, and corridors, by allowing for re -use and infill with uses that are complementary in type, form, scale, and character. The policy states that changes in use and /or density /intensity should be considered only in those areas that are economically underperforming, are necessary to accommodate Newport Beach's share of projected regional population growth, improve the relationship and reduce commuting distance between home and jobs, or enhance the values that distinguish Newport Beach as a special place to live for its residents. The scale of growth and new development shall be coordinated with the provision of adequate infrastructure and public services, including standards for acceptable traffic level of service. The proposed General Plan amendment to increase the maximum allowable development limit in Anomaly Location #6 from 34,500 gross square feet to 46,044 gross square feet is consistent with General Plan Policy LU 3.2 as follows: • The increased development limit would allow for redevelopment of the existing underperforming properties, and would allow a project what would generate greater architectural presence and enhance this prominent intersection at the northeast boundary of the City limits. • The proposed project would be served by adequate infrastructure and public services, and the proposed increase in development limits would not exceed existing service levels for public services or utilities. • When compared to the existing uses of the site, the proposed project would result in a decrease in trips due to the reduction in square footage of the existing bank building from approximately 10,000 square feet to approximately 4,000 square feet. Thus, the decrease in trips during operation of the proposed project would not impact the standards for acceptable traffic level of service in this area. 3. General Plan Policy LU 6.15.1 provides for the development of distinct business park, commercial, and airport- serving districts and residential neighborhoods that are integrated to ensure a quality environment and compatible land uses. The proposed General Plan amendment to increase the maximum allowable development limit is consistent with this policy as follows: • The proposed project would provide for redevelopment of the site with a new distinct business plaza, integrated to ensure a quality environment that is compatible with the existing surrounding land uses in the Koll Center Newport Planned Community, and the City of Irvine. City Council Resolution No. Newport Business Plaza (PA2008 -164) Paqe 4 of 21 4. Charter Section 423 requires that all proposed General Plan amendments be reviewed to determine if the square footage (for non - residential projects), peak hour vehicle trip, or dwelling unit thresholds would be exceeded as the means to determine whether a vote by the electorate would be required to approve the General Plan amendment. Pursuant to Council Policy A -18, voter approval is not required as the proposed General Plan amendment does not exceed the non - residential floor area threshold, does not exceed the peak hour vehicle trips threshold, and does not create any new dwelling units. 5. A tentative parcel map for commercial condominiums purposes, and to combine the two parcels into a single building site in order to accommodate development of the new commercial business plaza has been prepared in accordance with Title 19 of the NBMC. The City Council determined in this case that the proposed parcel map is consistent with the legislative intent of Title 20 of the NBMC, and the following findings per Section 19.12.070, and facts in support of such findings, are set forth: A. Finding: That the proposed map and the design or improvements of the subdivision are consistent with the General Plan and any applicable specific plan, and with applicable provisions of the Subdivision Map Act and this Subdivision Code. Facts in Support of Finding: A -1. The proposed parcel map is for commercial condominium purposes and to combine two existing parcels of land into a single building site. As part of the proposed project, the applicant requests approval of a General Plan amendment to increase the maximum allowable development limit on the subject property. If the General Plan amendment is approved, the proposed subdivision and improvements of the subdivision would be consistent with the General Plan and the MU -112 land use designation. B. Findinq: That the site is physically suitable for the type and density of development. Facts in Support of Finding_ B -1. The lot is regular in shape, has a slope of less than 20 percent, and is suitable for development. B -2. As part of the proposed project, the applicant requests approval of a General Plan amendment and an amendment to the Koll Center Planned Community text to increase the maximum allowable development limit on the subject property. If the General Plan amendment and planned community text amendment are approved, the project site would be physically suitable for the amount of entitlement (or intensity) proposed for development of the site. k i °'� City Council Resolution No. Newport Business Plaza (PA2008 -164) Paqe 5 of 21 C. Finding: That the design of the subdivision or the proposed improvements will not cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat. However, notwithstanding the foregoing, the decision - making body may nevertheless approve such a subdivision if an environmental impact report was prepared for the project and a finding was made pursuant to Section 21081 of the California Environmental Quality Act that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report. Facts in Support of Finding: C -1. A MND has been prepared for the proposed project, and it has been determined that the design of the subdivision or the proposed development will not result in a significant effect on the environment, nor substantially and avoidably injure fish or wildlife or their habitat. D. Finding: That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. Facts in Support of Finding: D -1. The proposed parcel map is for commercial condominium purposes, and to combine two existing parcels into a single building site. Construction for the proposed project will comply with all Building, Public Works, and Fire Codes, which are in place to prevent serious public health problems. Public improvements will be required of the developer per Section 19.28.010 of the Municipal Code and Section 66411 of the Subdivision Map Act. All ordinances of the City and all Conditions of Approval will be complied with. E. Finding: That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the decision - making body may approve a map if it finds that alternate easements, for access or for use, will be provided and that these easements will be substantially equivalent to easements previously acquired by the public. This finding shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to the City Council to determine that the public at large has acquired easements for access through or use of property within a subdivision. (3 City Council Resolution No. Newport Business Plaza (PA2008 -164) Page 6 of 21 Facts in Support of Finding: EA The design of the development will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development as there are no public easements that are located on the property. F. Finding: That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act, if the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (Williamson Act), the resulting parcels following a subdivision of the land would not be too small to sustain their agricultural use or the subdivision will result in residential development incidental to the commercial agricultural use of the land. Facts in Support of Finding: F.1 Because the subject property is not considered an agricultural preserve and is less than 100 acres, it is not subject to the Williamson Act. In addition, the subject property is zoned PC -15 (Koll Center Newport Planned Community), which does not allow agricultural uses. G. Finding: That, in the case of a "land project' as defined in Section 11000.5 of the California Business and Professions Code: (a) there is an adopted specific plan for the area to be included within the land project; and (b) the decision- making body finds that the proposed land project is consistent with the specific plan for the area. Facts in Support of Finding: G.1 The property is not a 'land project' as defined in Section 11000.5 of the California Business and Professions Code, and the project site is not located within a specific plan area. H. Finding: That solar access and passive heating and cooling design requirements have been satisfied in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map Act Iq City Council Resolution No. Newport Business Plaza (PA2008 -164) Paqe 7 of 21 Facts in Support of Finding: H.1 The proposed parcel map and improvements associated with the proposed project are subject to Title 24 of the California Building Code that requires new construction to meet minimum heating and cooling efficiency standards depending on location and climate. The Newport Beach Building Department enforces Title 24 compliance through the plan check and inspection process. Finding: That the subdivision is consistent with Section 66412.3 of the Subdivision Map Act and Section 65584 of the California Government Code regarding the City's share of the regional housing need and that it balances the housing needs of the region against the public service needs of the City's residents and available fiscal and environmental resources. Facts in Support of Finding: 1.1 The proposed parcel map is for commercial condominium purposes and to combine two existing parcels into a single building site. No residential uses are proposed as part of the project, and no affordable housing units are being eliminated. J. Finding: That the discharge of waste from the proposed subdivision into the existing sewer system will not result in a violation of existing requirements prescribed by the Regional Water Quality Control Board ( "RWQCB'). Facts in Support of Finding_ J.1 The proposed project would not exceed wastewater treatment requirements of the RWQCB, and additional wastewater discharge into the existing sewer system generated by the proposed project would not violate RWQCB requirements. K. Finding: For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision conforms with the certified Local Coastal Program and, where applicable, with public access and recreation policies of Chapter Three of the Coastal Act. IC7, City Council Resolution No. Newport Business Plaza (PA2008 -164) Paqe 8 of 21 Facts in Support of Finding: K.1 The subject property is not located in the Coastal Zone. 6. Pursuant to Chapter 15.45 of the NBMC, the City Council may waive the requirement for a development agreement in conjunction with City approval of a project that requires a General Plan amendment and includes non - residential development in Statistical Area L4 (Airport Area). The City Council finds that the project is consistent with the General Plan policies, including Policy LU 3.2, and that the project has the potential to stimulate the economy by providing jobs for the local and regional labor pool. The City Council finds that the project would provide significant public benefits to the City, and that the nature of the project is such that neither the City nor the developer would benefit from a development agreement. The City Council therefore waives the requirement for a development agreement. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The City Council 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 City Council's independent judgment and analysis. The City Council hereby adopts the Mitigated Negative Declaration, including the Mitigation Monitoring and Reporting Program, attached as Exhibit "A ". The document and all material, which constitute the record upon which this decision was based, are on file with the Planning Department, City Hall, 3300 Newport Boulevard, Newport Beach, California. 2. The City Council of the City of Newport Beach does hereby approve General Plan Amendment No. GP2008 -007 to increase the maximum allowable development for Anomaly Location #6 from 34,500 gross square feet to 46,044 gross square feet. Table LU2 and of the Land Use Element of the General Plan shall be amended as provided in Exhibit "B ". 3. The City Council of the City of Newport Beach does hereby approve Tentative Parcel Map NP2010 -006 subject to the conditions set forth in Exhibit "C ". 4. The City Council of the City of Newport Beach does hereby waive the requirement for a development agreement. 5. The City Council of the City of Newport Beach does hereby approve the Newport Business Plaza project. I [() City Council Resolution No. Newport Business Plaza (PA2008 -164) Page 9 of 21 Passed and adopted by the City Council of Newport Beach at a regular meeting held on the 26th of October, 2010, by the following vote to wit: AYES, COUNCIL MEMBERS NOES. COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR ATTEST: CITY CLERK 1� City Council Resolution No. Newport Business Plaza (PA20O8 -164) Paqe 10 of 21 EXHIBIT "A" Mitigation and Monitoring Reporting Program No. Mitigation Measure Time Frame for Responsible Verification of Compliance Implementation& Monitoring Initials bate Remarks' Monitoring Agency Aesthetics A -1 The site shall not be excessively illuminated Prior to project City of based on the luminance recommendations of the operation Newport Illuminating Engineering Society of North Beach America, or, if in the opinion of the Planning Planning Director, the illumination creates an Department unacceptable negative impact on surrounding land uses or environmental resources. The Planning Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. A -2 Prior to the issuance of building permits, the Prior to issuance of City of applicant shall prepare a final lighting plan for building permits Newport approval by the Planning Department that Beach demonstrates spill light trespass and glare are Planning below or at luminance levels pursuant to Department recommendations of the Illuminating Engineering Society of North America. A -3 Exterior on -site lighting shall be shielded and Prior to site plan City of confined within site boundaries. No direct rays approval Newport or glare are permitted to shine onto public streets Beach or adjacent sites or create a public nuisance. Planning "Walpak" type fixtures are not permitted. Department Parking area lighting shall have zero cut -off fixtures and light standards shall not exceed 20 feet in height. Biological Resources BIO -1 The removal of ornamental trees on site shall not During construction Project be scheduled during the avian nesting season construction (approximately February 1— August 31) to ensure contractor project conformance with the Migratory Bird Treaty Act. If clearing and grubbing are proposed to occur between February 1 and August 31, a preconstruction survey for nesting birds shall be conducted by a qualified biologist no more than 7 days prior to the start of construction. If nesting birds occur within the disturbance area, a buffer around the nest shall be determined by a qualified biologist. All construction activities shall occur outside the buffer area until a qualified biologist has determined that the nest is complete and that no new nesting activity has occurred within the buffer area. 19 City Council Resolution No. Newport Business Plaza (PA2008 -164) Paae 11 of 21 No. Mitigation Measure Time Frame for Responsible Verification of Compliance Initials Date !'Remarks Implementation& Monitoring Monitoring Agency Cultural Resources CR -1 The project plans shall specify that a qualified During construction Project archaeologist be contacted in the unlikely event construction that prehistoric archaeological resources are contractor discovered in the project area during ground - disturbing activities. Work shall stop in the area of the find and within 50 feet of the find until a qualified archaeologist can assess the significance of the find and, if necessary, develop appropriate treatment measures. Treatment measures typically include development of avoidance strategies, capping with fill material, or mitigation of impacts through data recovery programs such as excavation or detailed documentation. Prehistoric Archeological monitoring of the project site shall not be required, unless it is determined by the qualified archeologist who prepares the treatment measures for the find that monitoring is required based on the sediments being excavated and the significance of the find. CR -2 Project plans shall specify that that a qualified During construction Project paleontologist shall be contacted in the event that construction potential paleontological resources are contractor discovered. During construction, the contractor shall halt site excavation or preparation if suspected fossilized remains are unearthed. Construction shall cease on site and shall not be resumed until a qualified paleontologist is contacted to assess the resources and identify appropriate treatment measures, if applicable. Treatment measures may include salvaging fossils and samples of sediments as they are unearthed to avoid construction delays and/or temporarily halting or diverting equipment to allow removal of abundant or large specimens. Recovered specimens shall be prepared to a point of identification and permanent preservation, including washing of sediments to recover small invertebrates and vertebrates. Specimens shall be curated into a professional, accredited museum repository with permanent retrievable storage. A report of findings, with an appended itemized inventory of specimens, shall be prepared and shall signify completion of the program to mitigate impacts on paleontological resources. 9 City Council Resolution No. Newport Business Plaza (PA2008 -164) Page 12 of 21 Geology and Soils GEO -1 During the preparation of the grading plans and Prior to issuance of City of prior to issuance of grading permits, the grading grading permits Newport plans shall stipulate that all grading and Beach earthwork shall be performed in accordance with Building the Grading Ordinances of the City of Newport Department Beach and the applicable portion of the General Earthwork Specification in Appendix B of the geotechnical report prepared for the project. During construction, grading of the site by the contractor shall adhere to grading plans approved by the City. The implementation of these measures shall be verified during field inspections. GEO -2 During the preparation of grading plans and prior Prior to issuance of City of to issuance of grading permits, the grading plans grading permits Newport shall stipulate that all fill shall consist of non- Beach expansive materials, moisture- conditioned to Building near optimum if cohesionless and to 130% of Department optimum if cohesive or clayey. The characteristics of the fill soil shall be evaluated by the geotechnical consultant prior to placement, and confirmed to meet grading plan specifications. GEO -3 During construction, to minimize the potential During construction City of for soil movement, the upper 24 inches of soil Newport within the building slab areas (garage slab, and Beach ramp) shall be replaced with 2 feet of crushed Building aggregate. Department GEO -4 Prior to construction of the parking area, a Prior to issuance of City of geotechnical engineer shall inspect the bottom of grading permits Newport the site excavation to verify that no additional Beach excavation is required to minimize impacts on Building the structural integrity of the buildings associated Department with expansive soils. GEO -5 During construction, if groundwater rises near or During construction City of above the proposed excavation during Newport construction, underwater construction and a Beach dewatering system shall be incorporated to Building minimize impacts to the structural integrity of Department the buildings. Hazards and Hazardous Materials IB4 -1 Prior to demolition of the office buildings on Prior to issuance of City of site, an asbestos - containing materials and lead - grading permits Newport based paint assessment shall be performed by a Beach Public qualified environmental professional and Works conducted in accordance with all federal, state, Department and local requirements, including those established by National Emissions Standards for Hazardous Air Pollutants guidelines and the Occupational Safety and Health Administration an City Council Resolution No. Newport Business Plaza (PA2008 -164) Pac7e 13 of 21 d -I (OSHA). A report shall be furnished to the Building Department by said qualified environmental professional and shall outline the occurrence of hazardous materials on the project site. ■ If asbestos- containing materials are discovered during site investigations, all potentially friable asbestos- containing materials shall be removed in accordance with federal, state, and local laws and the National Emissions Standards for Hazardous Air Pollutants guidelines prior to building demolition or renovation that may disturb the materials. All demolition activities shall be undertaken in accordance with California Occupational Safety and Health Administration (CaUOSHA) standards, contained in Title 8 of the California Code of Regulations (CCR), Section 1529, to protect workers from exposure to asbestos. Materials containing more than 1% asbestos are also subject to SCAQMD regulations. Demolition and the transport and disposal shall be performed in conformance with these federal, state, and local laws and regulations shall avoid significant exposure of construction workers and/or the public to asbestos - containing materials. ■ If lead -based paint is discovered during on- site investigations, all building materials containing lead -based paint shall be removed in accordance with CaUOSHA lead in construction standard, Title 8, CCR 1532.1, including employee training, employee air monitoring, and dust control. Any debris or soil containing lead -based paint or coatings shall be disposed of at landfills that meet acceptance criteria for the waste being disposed of. Demolition and the transport and disposal shall be performed in conformance with these federal, state, and local laws and regulations shall avoid significant exposure of construction workers and/or the public to lead -based paint. HM -2 Prior to site plan approval, the City of Newport Prior to site plan City of Beach shall file a notice of Proposed approval Newport Construction or Alteration with FAA (FAA Beach Form 7460 -1)in accordance with Federal Planning Aviation Regulation (FAR) Part 77. Following Department FAA's aeronautical study of the project site, the proposed project shall comply with conditions of approval imposed or recommended by FAA. Subsequent to these findings, the City shall refer the proposed project to the Orange County Airport Land Use Commission for consistency d -I City Council Resolution No. Newport Business Plaza (PA2008 -164) Paae 14 of 21 analysis. The Director of Planning, or designee, shall verify that the City has received a Determination of No Hazard to Air Navigation prior to the issuance of building permits for the northern parcel. Noise N -1 All noise - producing project equipment and During final design City of vehicles using internal combustion engines shall and prior to plan Newport be equipped with mufflers, air -inlet silencers check approval Beach Code where appropriate, and any other shrouds, Enforcement shields, or other noise - reducing features in good operating condition that meet or exceed original City of factory specification. Mobile or fixed "package" Newport equipment (e.g., arc welders, air compressors) Beach shall be equipped with shrouds and noise control Building features that are readily available for that type of Department equipment. N -2 All mobile and fixed noise - producing equipment During grading, site City of used on the proposed project that is regulated for preparation, and Newport noise output by a local, state, or federal agency construction Beach Code shall comply with such regulation while in the Enforcement course of project activity. City of Newport Beach Building Department N -3 Electrically powered equipment shall be used During final design City of instead of pneumatic or internal and prior to plan Newport combustion - powered equipment, where feasible. check approval Beach Code Enforcement During grading, site preparation, and City of construction Newport Beach Building Department N4 Mobile noise - generating equipment and During, grading, site City of machinery shall be shut off when not in use. preparation, and Newport construction Beach Code Enforcement City of Newport Beach Building Department N -5 Material stockpiles and mobile equipment During, grading, site City of staging, parking, and maintenance areas shall be preparation, and Newport located as far as practical from noise - sensitive construction Beach Code receptors. Enforcement City of Newport City Council Resolution No. Newport Business Plaza (PA2008 -164) Paae 15 of 21 �3 Beach Building Department N -6 Construction site and access road speed limits During, grading, site City of shall be established and enforced during the preparation, and Newport construction period. construction Beach Code Enforcement City of Newport Beach Building Department N -7 The use of noise - producing signals, including During construction City of horns, whistles, alarms, and bells, shall be for Newport safety warning purposes only. Beach Code Enforcement City of Newport Beach Building De artment N -8 No project- related public address or music During, grading, site City of system shall be audible at any adjacent receptor. preparation, and Newport construction Beach Code Enforcement City of Newport Beach Building Department N -9 The on -site construction supervisor shall have During final design City of the responsibility and authority to receive and and prior to plan Newport resolve noise complaints. A clear appeal process check approval Beach Code to the project proponent shall be established Enforcement prior to construction commencement that shall During grading, site allow for resolution of noise problems that preparation, and City of cannot be immediately solved by the site construction Newport supervisor. Beach Building Department �3 City Council Resolution No. Newport Business Plaza (PA2008 -164) Pape 16 of 21 EXHIBIT "B" Land Use Element Changes 0I City Council Resolution No. Newport Business Plaza (PA2008 -164) Paae 17 of 21 ..- Anomaly Number Statistical Area Land Use Designation nation Development Lima (so Development Limit Other - Additional Information 1 L4 MU -H2 460,095 471 Hotel Rooms (not included in total square footage) 2 L4 MU -H2 1,060,146 3 L4 CO -G 734,641 4 L4 MU -H2 250,176 5 L4 MU -H2 32,500 6 L4 MU -H2 3450046.044 7 L4 MU -H2 81,372 8 L4 MU -H2 442,775 9 L4 CG 120,000 164 Hotel Rooms (included in total square footage) 10 L4 MU -H2 31,362 349 Hotel Rooms (not included in total square footage) 11 L4 CG 11,950 12 L4 MU -H2 457,880 13 L4 CO -G 288,264 14 L4 CO- GIMU -H2 860,884 15 L4 MU -H2 228,214 16 L4 CO -G 344,231 17 L4 MU -H2 33,292 304 Hotel Rooms (not included in total square footage) 18 L4 CG 225,280 19 L4 CG 228,530 21 J6 CO -G 687,000 Office: 660,000 sf Retail: 27,000 sf CV 300 Hotel Rooms 22 A CO -G 70,000 Restaurant: 8000 sf, or Office: 70,000 sf 23 K2 PR 15,000 24 L3 IG 89,624 25 L3 PI 84,585 26 L3 IG 33,940 27 L3 IG 86,000 28 L3 IG 110,600 29 L3 CG 47,500 30 M6 CG 54,000 31 L2 PR 75,000 32 L2 PI 34,000 �a5 City Council Resolution No. Newport Business Plaza (PA2008 -164) Pape 18 of 21 EXHIBIT "C" CONDITIONS OF APPROVAL Newport Business Plaza 4699 Jamboree Road and 5190 Campus Drive 1. A parcel map shall be recorded with the Orange County Clerk- Recorder Department. The Map shall be prepared on the California coordinate system (NAD83). Prior to recordation of the Map, the surveyor /engineer preparing the Map shall submit to the County Surveyor and the City of Newport Beach a digital - graphic file of said map in a manner described in Section 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. The map to be submitted to the City of Newport Beach shall comply with the City's CADD Standards. Scanned images will not be accepted. 2. Prior to recordation of the parcel map, the surveyor /engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Sections 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be set on each lot corner, unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of construction project. 3. All improvements shall be constructed as required by City Ordinance and the Public Works Department, and shall comply with all Building, Public Works and Fire Codes. 4. Redevelopment of the project site shall be in substantial conformance with the conceptual plans submitted with the application dated March 15, 2010, and on file with the Planning Department. 5. No permanent structures may be built within the limits of any easement within the property, unless otherwise approved by the Public Works Department. 6. All work conducted within the public right -of -way shall be approved under an encroachment permit issued by the Public Works Department. 7. All applicable Public Works Department plan check fees, improvement bonds and inspection fees shall be paid prior to processing of the map by the Public Works Department. 8. County Sanitation District fees shall be paid prior to issuance of any building permits, if required by the Public Works Department or the Building Department. 9. Prior to recordation of the Parcel Map, fair share fees shall be paid in accordance with City Ordinance 94 -19 of the Newport Beach Municipal Code. City Council Resolution No. Newport Business Plaza (PA2008 -164) Page 19 of 21 10. Additional Public Works improvements, including street and alley reconstruction, work may be required at the discretion of the Public Works Inspector. 11. If any of the existing public improvements surrounding the site is damaged by the private work, public works improvements including, but not limited to, curb and gutter, sidewalk, and alley /street reconstruction may be required at the discretion of the Public Works Inspector. 12. An encroachment agreement shall be applied for and approved by the Public Works Department for all non - standard improvements within the public right -of -way and /or extensions of private, non - standard improvements into the public right -of -way fronting the development site. 13. The applicant shall remove and reconstruct the existing concrete driveway and approach on Jamboree Road per City Standards. 14. The applicant shall remove and replace the existing disabled access ramp at Jamboree Road and Campus Drive to meet current City Standards. 15. The applicant shall install raised truncated domes in the channelizing median /island on the southwest corner of Campus Drive and Jamboree Road to meet current ADA standards. 16. The applicant shall remove and replace any damaged curb, gutter and sidewalk along the Jamboree Road and Campus Drive frontages. Limits of said replacement shall be determined by the City Public Works Inspector. 17. Arrangements shall be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements if it is desired to record a parcel map or obtain a building permit prior to completion of the public improvements. 18. Overhead utilities serving the site shall be undergrounded to the nearest appropriate pole in accordance with Section 19.28.090 of the Municipal Code unless it is determined by the City Engineer that such undergrounding is unreasonable or impractical. 19. Each commercial unit shall be connected to its individual water meter and sewer lateral and cleanout located within the public right -of -way. If installed at a location that will be subjected to vehicle traffic, each water meter and sewer cleanout shall be installed with a traffic -grade box /frame and cover. 20. Each commercial unit shall be served with an individual water service and sewer lateral connection to the public water and sewer systems, unless otherwise approved by the Public Works Department and the Building Department. 21. Each commercial unit shall be served with individual gas and electrical service connection and shall maintain separate meters for the utilities. City Council Resolution No. Newport Business Plaza (PA2008 -164) Page 20 of 21 22. In accordance with the provisions of Chapter 13 (or any other applicable chapters) of the Newport Beach Municipal Code, additional street trees may be required and existing street trees shall be protected in place during construction of the subject project, unless otherwise approved by the General Services Department and the Public Works Department through an encroachment permit or agreement. 23. All improvements shall comply with the City's sight distance requirement. See City Standard 110 -L. 24. The parking layout shall comply with City Standard #805 -L -A & B. Parking and circulation shall be subject to further review by the City Traffic Engineer. 25. All on -site drainage shall comply with the latest City Water Quality requirements. 26. All existing drainage facilities in the public right -of -way shall be retrofitted to comply with the City's on -site non -storm runoff retention requirements. The Public Works Inspector shall field verify compliance with this requirement prior to recordation of the parcel map. 27. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. 28. In compliance with the requirements of Chapter 9.04, Section 901.4.4, of the Newport Beach Municipal Code, approved street numbers or addresses shall be placed on all new and existing buildings in such a location that is plainly visible and legible from the street or road fronting the subject property. Said numbers shall be of non - combustible materials, shall contrast with the background, and shall be either internally or externally illuminated to be visible at night. Numbers shall be no less than four inches in height with a one -inch wide stroke. The Planning Department Plan Check designee shall verify the installation of the approved street number or addresses during the plan check process for the new or remodeled structure. 29. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the Newport Business Plaza project including, but not limited to, the General Plan Amendment No. GP2008 -007, Planned Community Development Plan Amendment No. PD2009 -001, and Tentative Parcel Map No. NP2010 -006; and /or the City's related California Environmental Quality Act determinations, the certification of the Mitigated Negative Declaration and /or the adopted of a Mitigation Monitoring and Reporting Program for c' 6 City Council Resolution No. Newport Business Plaza (PA2008 -164) Page 21 of 21 the project. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and /or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. 30. Tentative Parcel Map No. NP2010 -006 shall expire if the map has not been recorded within three years of the date of approval, unless an extension is granted by the Planning Director in accordance with the provisions of Section 19.16 of the NBMC. Mitigation Measures 31. The applicant shall comply with all mitigation measures and standard conditions contained within the approved Mitigation Monitoring and Reporting Program of the adopted Mitigated Negative Declaration (Exhibit "A ") for the project. a,II Attachment No. CC 2 Draft Ordinance 30 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT NO. PD2009 -001 (PA2008 -164) WHEREAS, an application was filed for a General Plan Amendment, Planned Community Development Plan Amendment, and a Tentative Parcel Map by WPI- Newport, LLC, with respect to property located at 4699 Jamboree Road and 5190 Campus Drive, legally described as Parcels 1 and 2 of Parcel Map, as per map filed in Book 142, Pages 18 and 19 of Parcel Maps, in the Office of the Orange County Recorder: and WHEREAS, the project includes a General Plan Amendment, Planned Community Development Plan Amendment, and Tentative Parcel Map to allow the demolition of two existing buildings and redevelopment of the site with a new approximately 46,000- gross- square -foot commercial business plaza. The General Plan Amendment would increase the maximum allowable development limit for Anomaly Location #6 of the Land Use Element by 11,544 gross square feet. The Planned Community Development Plan Amendment would amend the Koll Center Newport Planned Community text to allow an increase to the Allowable Building Area for Professional & Business Site F by 18, 346 net square feet; and WHEREAS, on August 5, 2010, the Planning Commission conducted 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; and WHEREAS, at the August 5, 2010, public hearing, the Planning Commission received public comments and voted (6 ayes and 1 excused) to recommend approval of the proposed Planned Community Development Plan Amendment; and WHEREAS, a public hearing was held by the Newport Beach City Council on October 26, 2010, 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 and State Law. Evidence, both written and oral, was presented to and considered by the City Council at this meeting; and WHEREAS, an amendment to the Planned Community Development Plan is a legislative act. Neither the City nor State Planning Law set forth any required findings for either approval or denial of such amendments; and WHEREAS, the General Plan includes several goals and policies emphasizing high quality redevelopment and new development of sites, utilizing adequate standards for site and building design, parking and undergrounding of utilities, landscaping, and signage control. The Koll Center Newport Planned Community Development Standards provides the regulations to implement these various goals and policies. Other than the increase in allowable building area for Office Site F from 24,300 net square feet to 42,646 net square feet, the project as proposed meets all general development standards specified in the planned community text; and WHEREAS, a Mitigated Negative Declaration (MND) was circulated for a 20 -day public comment period that began on May 19, 2010, and concluded on June 7, 2010. The contents of the MND and comments on document the were considered by the Planning Commission at the August 5, 2010, public hearing; and WHEREAS, a Mitigation Monitoring and Reporting Program was completed to implement all mitigation measures required by the MND; and THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: The Koll Center Newport Planned Community text shall be amended as provided in Exhibit "A ", with all other provisions of the existing Planned Community District Regulations remaining unchanged and in full force and effect. SECTION 2: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same shall become effective thirty (30) days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on October 26, 2010, and adopted on November 9, 2010, by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR ATTEST: CITY CLERK 2 ',a Jd APPROVED AS TO FORM: aM-- L� 189M� CITY ATTORNEY 03 Exhibit "A" Planned Community Development Plan Amendment EXHIBIT -,A f�� PART II COMMERCIAL Section I. Site Area and Building Area Group I PROFESSIONAL & BUSINESS OFFICES Acreages shown are net buildable land area including landscape setbacks with property lines. (4) Site A Site B Site C Site D Site E Site F Site G Site A Site B Site C Site D Site E Site F Site G Building Sites (4) Total Acreage 30.939 acres * (29) 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 Office Acreage 30.939 acres *(29) 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) 366,147 square feet (16)(26)(29)(30) 967,803 square feet (13)(16)(28)(30) 674,800 square feet (I 0)(15) 240,149 square feet (8)(13) 32,500 square feet (4) 24,300 square feet (a) 42 646 square feet (4)_(3_D 45,000 square feet (8) 2,350,699 square feet _(15)( *) *(3)(4) In addition to 19.399 acres of office use, there is 9.54 acres for hotel and motel and 2.0 acres of lake within Office Site A. Therefore, there are 30.939 acres net within Office Site A. (3)(4)(16) C. Statistical Analysis (4) The following statistics 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 Parkine 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. b. One (1) space per 300 square feet of net building area @ 120 cars per acre for Sites A, B and C. (11) 6. Site F (4) Allowable Building Area ' J,znn square let 42,646 square feet Site Area ......... 1.765 acres a. Building Height Land Coverage One story development ............... 0.360.98 acres Two story development ............... 080.49 acres Three story development ............... 04-90.33 acres Four story development ............... 0.1-40.24 acres Five story development 0.20 acres Six story development 0.16 acres b. Parl ine IW 190 cars Land Coverage ............... 001.58 acres C. Landscaped Open Space Land Coverage One story development ............... 030 <0.80> acres Two story development ............... 038 <0.31> acres Three story development ............... W <0.15> acres Four story development ............... 0-.72<0.06> acres Five story development <0.02> acres Six story development <0.03> acres J�0 Initial Study and Mitigated Negative Declaration Newport Business Plaza Prepared for: City of Newport Beach Planning Department 3300 Newport Boulevard Newport Beach, CA 92658 Contact: Janet Johnson Brown, Associate Planner 949/644 -3236 Prepared by: ICF Jones & Stokes I Ada, Suite 100 Irvine, CA 92618 Contact: Nicole Williams 949/333 -6600 July 2010 ICF Jones & Stokes. 2010. Initial Study and Mitigated Negative Declaration. Newport Business Plaza. July. (ICF J &S 00872.09.) Irvine, CA. Prepared for City of Newport Beach Planning Department. Newport Beach, CA. Table of Contents Chapter 1 Introduction ............................................................... ............................1 -1 Overview..................................................................... ............................1 -1 Authority...................................................................... ............................1 -1 Scope of the Initial Study/ Mitigated Negative Declaration ... .................. 1 -2 ImpactTerminology .................................................... ............................1 -2 Organization of the Initial Study/ Mitigated Negative Cultural Resources .................................................... Declaration.................................................................. ............................1 -3 Chapter 2 Project Description and Environmental Setting .... ............................2 -1 Overview.................................................................. ............................... 2 -1 Objectives................................................................... ............................2 -1 Location...................................................................... ............................2 -1 Environmental Setting and Surrounding Land Uses ... ............................2 -2 RegulatorySetting ...................................................... ............................2 -2 City of Newport Beach General Plan .................... ............................2 -2 City of Newport Beach Zoning Code .................... ............................2 -3 Koll Center Newport Planned Community ............ ............................2 -3 Airport Land Use Plan ........................................... ............................2 -4 Description............................................................... ............................... 2 -4 General Plan Amendment and Koll Center Newport Planned Community Amendment ......................... ............................2 -4 Proposed Business Plaza Development ............... ............................2 -5 Construction Activities .......................................... ............................2 -6 Chapter 3 Initial Study Environmental Checklist .................... ............................3 -1 Aesthetics................................................................ ............................... 3 -5 Agricultural and Forest Resources . ........................................................ 3-8 AirQuality .................................................................. ...........................3 -10 Biological Resources ................................................. ...........................3 -17 Cultural Resources .................................................... ...........................3 -20 Geologyand Soils ...................................................... ...........................3 -23 Greenhouse Gas Emissions ...................................... ...........................3 -28 Hazards and Hazardous Materials . ...................................................... 3-33 Hydrology and Water Quality ..................................... ...........................3 -39 Land Use and Planning ...... .................................................................. 3 -46 Mineral Resources ..................................................... ...........................3 -48 Noise............................................................ ........................................ 3 -49 Population and Housing ............................................. ...........................3 -56 PublicServices .......................................................... ...........................3 -58 Newport Business Plaza July 2010 i Initial Study /Mitigated Negative Declaration icF ass 00e72.0e City of Newport Beach Contents Recreation......................................... ................ ................................... 3 -61 Transportation and Traffic .......................................... ...........................3 -62 Utilities and Service Systems .................................... ...........................3 -70 Mandatory Findings of Significance ........................... ...........................3 -76 Chapter 4 Errata to the Draft IS/ MND ........................................ ............................4 -1 Introduction................................................................. ............................4 -1 Changes to the Draft IS/ MND ..................................... ............................4 -1 Chapter 5 References ................................................................ ............................5 -1 Printed References ..................................................... ............................5 -1 Personal Communications .......................................... ............................5 -5 Chapter 6 List of Preparers ....................................................... ............................6 -1 City of Newport Beach ................................................ ............................6 -1 ICFJones & Stokes .................................................... ............................6 -1 Appendix A Air Quality URBEMIS2007 Model Outputs and Greenhouse Gas Emissions Calculations Appendix B Preliminary Water Quality Management Plan Appendix C Land Use Consistency Analysis Appendix D Noise: Terminology, Field Sheets, and General Plan Land Use Compatibility Matrix Appendix E Traffic Calculations Appendix F Mitigation Monitoring Plan and Report Newport Business Plaza July 2010 Initial Study /Mitigated Negative Declaration icF das 00e72.09 City of Newport Beach Contents Tables Table Page 2 -1. Proposed General Plan and Koll Center Newport Planned Community Text Square Footage Increase ................ ............................2 -5 3 -1 Forecast of Regional Construction Emissions ........... ...........................3 -12 3 -2 Forecast of Localized Construction Emissions .......... ...........................3 -13 3 -3 Forecast of Regional Operational Emissions ............. ...........................3 -14 3 -4 Forecast of Localized Operational Emissions ............ ...........................3 -15 3 -5 Estimate of Project - Related Greenhouse Gas Emissions (metric tons per year) ................................................. ...........................3 -30 3 -6 Estimate of Project Conformity to AB 32 (metric tons per year) .......................................................................... ...........................3 -32 3 -7 Short-Term Sound Level Measurement Data ............ ...........................3 -50 3 -8 Typical Noise Levels from Construction Activities ..... ...........................3 -52 3 -9 Roads in the Vicinity of the Project Site ..................... ...........................3 -63 3 -10 Volume -to- Capacity Ratio and Level of Service Ranges ......................3 -64 3 -11 Estimated Truck Trips and Construction Employees . ...........................3 -65 3 -12 Trip Generation Rates ............................................... ...........................3 -66 3 -13 Existing and Proposed Trip Generation ..................... ...........................3 -66 3 -14 Peak Hour Level of Service for Congestion Management Program Intersections ................................................ ...........................3 -67 3 -15 Irvine Ranch Water District Current and Planned Water Supplies (acre -feet per year) ..................................... ...........................3 -73 3 -16 Past, Current, and Future Water Uses ...................... ...........................3 -74 Newport Business Plaza July 2010 Initial Study /Mitigated Negative Declaration icF ass 00e72.0e City of Newport Beach Contents 3 -17 Landfill Capacity ........................................................ ...........................3 -75 Newport Business Plaza iv InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00912.09 City of Newport Beach Contents Figures Figure Follows Page 2 -1 Regional Location .............. ................ ... ......... ... ............... ................... .... 2 -2 2 -2 Local Vicinity Map ....................................................... ............................2 -2 2 -3 Existing Conditions ..................................................... ............................2 -2 2 -4 General Plan Land Use Designation and Statistical Area Location...................................................................... ............................2 -4 2 -5 Proposed Project Plan ....................................................... ..................... 2 -6 2 -6 Proposed Project Rendering ....................................... ............................2 -6 3 -1 Designated Public Viewpoints .................................... ............................3 -6 3 -2 Existing Liquefaction and Seismic Hazard Areas ...... ...........................3 -26 3 -3 Existing Drainage ....................................................... ...........................3 -42 3 -4 Proposed Project Drainage ........................................ ...........................3 -42 3 -5 Noise Measurement Locations .................................. ...........................3 -50 3 -6 Wastewater Infrastructure and Service Areas ........... ...........................3 -72 3 -7 Water Infrastructure and Service Areas ..................... ...........................3 -72 Newport Business Plaza July 2010 v Initial Study /Mitigated Negative Declaration icF das 00e72.09 City of Newport Beach Contents Acronyms and Abbreviations AB Assembly Bill ADTs average daily trips AELUP Airport Environment Land Use Plan AQMP Air Quality Management Plan ASTM American Society for Testing and Materials Basin South Coast Air Basin BMPs best management practices Cal /OSHA California Occupational Safety and Health Administration CalEPA California Environmental Protection Agency CARB California Air Resources Board CCR California Code of Regulations CEQA California Environmental Quality Act cfs cubic feet per second CH4 methane City City of Newport Beach CNEL community noise equivalent level CO carbon monoxide CO2 carbon dioxide CO2e CO2 equivalent DAMP Drainage Area Management Plan dBA A- weighted decibels EIR environmental impact report FAA Federal Aviation Administration FAR Federal Aviation Regulation FTA Federal Transit Administration GHG greenhouse gas IPS inch per second Newport Business Plaza July 2010 vi Initial Study /Mitigated Negative Declaration icF Jas 00872.09 City of Newport Beach IRWD Irvine Ranch Water District IS /MND Initial Study /Draft Mitigated Negative Declaration Leq equivalent continuous noise level LOS level of service LST Localized Significance Threshold MMT million metric tons MRZ Mineral Resource Zones MU -1-12 Mixed Use Horizontal -2 N2O nitrous oxide NPDES National Pollutant Discharge Elimination System 03 ozone OCSD Orange County Sanitation District OCTA Orange County Transportation Authority OPR Office of Planning and Research OSHA Occupational Safety and Health Administration PC -15 Koll Center Planned Community PF Public Facilities PM10 particulate matter 10 microns or less in size PM2.5 particulate matter 10 microns or less in size PPV peak particle velocity proposed project Newport Business Plaza General Plan and Planning Community Text Amendments RTP Regional Transportation Plan RWQCB Regional Water Quality Control Board SARWQCB Santa Ana Regional Water Quality Control Board SCAG Southern California Association of Governments SCAQMD South Coast Air Quality Management District SWPPP stormwater pollution prevention plan TMDL total maximum daily load TPO Traffic Phasing Ordinance USGS U.S. Geological Survey WC volume -to- capacity ratio VMT vehicle miles traveled WPI World Premier Investments Contents Newport Business Plaza July 2010 vii Initial Study /Mitigated Negative Declaration icF Jas 00872.09 Chapter 1 Introduction Chapter 1 Introduction Overview The City of Newport Beach (City) has prepared this Initial Study /Draft Mitigated Negative Declaration (IS /MND) to evaluate the potential environmental consequences associated with the Newport Business Plaza General Plan and Planned Community text amendments (proposed project). The project site is located at 4699 Jamboree Road and 5190 Campus Drive, at the southwest corner of Jamboree Road and Campus Drive, in the City of Newport Beach. As part of the permitting process for the City, and prior to consideration by the Planning Commission and the City Council, the proposed project is required to undergo an environmental review pursuant to the California Environmental Quality Act (CEQA). Authority The preparation of this IS/MND is governed by two principal sets of documents: CEQA (Public Resources Code Section 21000 et seq) and the State CEQA Guidelines (California Code of Regulations Section 15000 et seq.). One of the main objectives of CEQA is to disclose to the public and decision makers the potential environmental impacts of proposed activities. CEQA requires that the lead agency determine whether a project is subject to CEQA review or exempt under statutory exemptions (CEQA Guidelines, Article 18, Sections 15260 et seq.) or categorical exemptions (CEQA Guidelines, Article 19, Section 15300 et seq.). The City determined that the proposed project is not exempt from CEQA and therefore proceeded to the preparation of an IS to determine whether an environmental impact report, a negative declaration, or an MND is appropriate. The City is the lead agency for the proposed project under CEQA. The preparation of an IS is guided by Section 15063 of the State CEQA Guidelines, and Sections 15070 -15075 of Article 6 guide the process for the preparation of an MND. Where appropriate and supportive to an understanding of the issues, reference will be made to the statute, the State CEQA Guidelines, or appropriate case law. Newport Business Plaza 1 -1 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00912.09 City of Newport Beach Chapter 1. Introduction This IS /MND meets CEQA content requirements by including a project description; a description of the environmental setting, potential environmental impacts, and mitigation measures for any significant impacts; discussion of consistency with plans and policies; and names of preparers. Scope of the Initial Study/ Mitigated Negative Declaration This 1S /MND evaluates the proposed project's impacts on the following resource topics: • Aesthetics • Agriculture and Forest Resources • Air Quality • Biological Resources • Cultural Resources • Geology and Soils • Greenhouse Gas Emissions • Hazards and Hazardous Materials • Hydrology and Water Quality Impact Terminology Newport Business Plaza • Land Use and Planning • Mineral Resources • Noise • Population and Housing • Public Services • Recreation • Transportation and Traffic • Utilities and Service Systems The following terminology is used to describe the level of significance of impacts. ■ A finding of no impact is appropriate if the analysis concludes that the proposed project would not affect the particular resource in any way. ■ An impact is considered less than significant if the analysis concludes that it would cause no substantial adverse change to the environment and requires no mitigation. ■ An impact is considered less than significant with mitigation incorporated if the analysis concludes that it would cause no substantial adverse change to the environment with the inclusion of environmental commitments that have been agreed to by the applicant. ■ An impact is considered potentially significant if the analysis concludes that it could have a substantial adverse impact on the environment. 1 -2 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00912.09 City of Newport Beach Chapter 1. Introduction Organization of the Initial Study/ Mitigated Negative Declaration The content and format of this report are designed to meet the requirements of CEQA. The report contains the following sections. ■ Chapter 1, "Introduction," identifies the purpose and scope of this IS /MND and the terminology used in the report. ■ Chapter 2, "Project Description and Environmental Setting," identifies the location, setting description, background, and planning objectives of the proposed project and describes the proposed project in detail. ■ Chapter 3, "Initial Study Environmental Checklist," presents the CEQA environmental checklist and responses for each resource topic in the checklist. This section includes a brief setting section for each resource topic and identifies the impacts of implementing the proposed project. ■ Chapter 4, "References," identifies all printed references and individuals cited in this IS /MND. ■ Chapter 5, "List of Preparers," identifies the individuals who prepared this report and their roles in the proposed project. Newport Business Plaza 1 -3 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00912.09 Chapter 2 Project Description and Environmental Setting Chapter 2 Project Description and Environmental Setting Overview The proposed project involves a General Plan amendment and an amendment to the Koll Center Newport Planned Community text for two existing parcels in the City of Newport Beach, California, as well as the redevelopment of the parcels with a new 1 -story bank, two 3 -story office buildings, and a 2 -level parking structure. Details regarding the project objectives, location, environmental setting, discretionary actions, and construction and operation of the proposed project are included in this chapter. Objectives The applicant's objectives for the proposed project include: • upgrading and improving a prominent corner to the gateway to Newport Beach, • generating greater architectural presence at a vital intersection (Jamboree Road and Campus Drive) and along the Jamboree Road corridor and Campus Drive frontages, and • meeting the demand for modern office space in the City of Newport Beach. Location The project site is located in the northernmost portion of the City of Newport Beach, near the City of Irvine's western and southern borders, in central Orange County, California. Figure 2 -1 depicts the regional location of the project area. The project site is composed of two adjoining parcels (Assessor's Parcel Numbers 445- 151 -09 and 445- 151 -08) located at 4699 Jamboree Road and 5190 Campus Drive, at the southwest comer of Jamboree Road and Campus Drive in the Koll Center Newport Planned Community. Interstate 405 is located to the north, State Route 73 is located to the south, and San Diego Creek is located to the east/southeast of the project site. Other land uses in the general vicinity of the project site include the John Wayne Airport to the west, the University of California Irvine Arboretum, the San Joaquin Marsh, the Irvine Newport Business Plaza 2 -1 InitialStudy /Mitigated Negative Declaration July 2010 IcF Jss 00912.09 City of Newport Beach Chapter 2. Project Description and Environmental Setting Ranch Water District Michelson Water Reclamation Plant, and the University of California Irvine campus to the east and southeast. Figure 2 -2 shows the local vicinity of the project site. Environmental Setting and Surrounding Land Uses The project site is currently occupied by two connected buildings comprising a one story office building and bank. The project site is the former location of the Far East Bank and several mortgage and real estate businesses. The first building, 5190 Campus Drive, is 10,200 square feet, and the second building, 4699 Jamboree Drive, is 11,100 square feet. Currently, World Premier Investments (WPI) /United American Properties is using both buildings as office spaces, which together have approximately 45 occupants. Prior to September 2008, Far East Bank, WPI, and the other businesses in the buildings were fully staffed and operational. Approximately 65 employees worked in the onsite buildings. For the purposes of the environmental impact analysis, the baseline conditions assume occupation of the buildings and operation of the businesses with 65 employees. The entire project site is 78,883 square feet, or approximately 1.76 acres, and is approximately 52 feet above sea level. It is generally flat with sloped, landscaped areas along Jamboree Road and Campus Drive. The project site has limited vegetation with minimal ornamental trees and landscaping around the building and in the surface parking lot. Approximately 75% of the project site is impervious surfaces (e.g., parking lot, building), including 113 parking spaces located in an open surface lot to the south of the buildings. There are two ingress /egress points, one from Campus Drive (a four -lane undivided secondary road), and one from Jamboree Road (a six lane divided major road). The surrounding land uses include a mix of commercial, office, residential, and open space. Commercial and office buildings are located to the north/northwest of the project site (across Campus Drive). Three high -rise condominium towers (The Plaza) are located to the north/northeast of the project site. The University of California Irvine Arboretum is located to the east /southeast of the project site (across Jamboree Road), and consists of several buildings, parking lots, and open space areas that adjoin the San Joaquin Marsh. Immediately adjacent to the project site to the south is the Harbor Justice Center and The Campus Plaza office complex is to the west. Figure 2 -3 identifies the existing conditions on the project site and surrounding area. Regulatory Setting City of Newport Beach General Plan The City of Newport Beach (City) approved a comprehensive update to the General Plan in July 2006 (City of Newport Beach 2006a). The General Plan Newport Business Plaza 2 -2 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00912.09 Costa N A 0 0.5 1 2 Miles Source: ESRI StreetMap North America (2008) UTIF A Crystal Cove State Park 0 0� A J Project Location San Joaquin �f Coast Irvine Pa3ILC Usaan USA MEXICO ICF Jones& Figure 2 -1 Stokes Regional Location ��'� Newport Business Plaza ICFJones& Figure 2 -2 Stokes Local Vicinity Map Newport Business Plaza ICFJones& Figure 2 -3 Stokes Existing Conditions Newport Business Plaza City of Newport Beach Chapter 2. Project Description and Environmental Setting consists of eleven elements: Land Use, Harbor and Bay, Housing, Historical Resources, Circulation, Recreational, Arts and Cultural, Natural Resources, Safety, and Noise. The General Plan and each of these elements present a vision for the City's future and goals and policies to implement that vision. The project site is located in the designated Airport Area (Statistical Area L2) in the northern portion of the City of Newport Beach. The Airport Area encompasses the properties abutting and east of John Wayne Airport and is in close proximity to the Irvine Business Complex and the University of California, Irvine. This area includes a mixture of low -, medium -, and high -rise office uses as well as research and development and higher technology businesses. The project site is designated as Mixed -Use Horizontal 2 (MU412) per the General Plan Land Use Element. The MU -112 designation provides for a horizontal intermixing of uses that may include regional commercial office, multifamily residential, vertical mixed -use buildings, industrial, hotel rooms, and ancillary neighborhood commercial uses. The properties in the City of Newport Beach that abut the project site to the northwest also have a land use designation of MU -142, and the property located to the southwest has a land use designation of Public Facilities (PF). Figure 2 -4 identifies the land use designations and the project site boundary. The development limit for the project site is identified in Table LU2 of the General Plan Land Use Element as Anomaly Number 6. Table LU2 provides precise development limits for each of the anomaly locations identified on each of the land use maps. The development limit for the existing parcels (Anomaly Number 6) is 34,500 gross square feet as identified in Table LU2. City of Newport Beach Zoning Code The City of Newport Beach zoning code is intended to carry out the policies of the City of Newport Beach General Plan (City of Newport Beach 2009a). It is the intent of the zoning code to promote the orderly development of the City; promote and protect the public health, safety, peace, comfort, and general welfare; protect the character, social and economic vitality of the neighborhoods; and to ensure the beneficial development of the City. The project site is zoned PC -15, Koll Center Newport Planned Community (PC -15). The PC -15 zoning provides property development regulations for property located within the Kell Center Newport Planned Community. Koll Center Newport Planned Community The Koll Center Newport is a 180 -acre planned community in the City of Newport Beach, adopted by the City on August 14, 1972 (Ordinance No. 1449). The Koll Center Newport was developed as a master planned campus office park. The planned community development standards provide comprehensive zoning for the area and limit the development of parcels by defining allowable building Newport Business Plaza 2 -3 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00912.09 City of Newport Beach Chapter 2. Project Description and Environmental Setting areas for nine development sites (Office Sites A through F, Industrial Site 1, Retail and Service Site 1, and the Court House). The project site is identified as Professional and Business Office Site F in the Koll Center Newport Planned Community. The allowable building area for Office Site F is 24,300 net square feet as defined by the Koll Center Newport Planned Community text. Airport Land Use Plan Description The project site is located in the Orange County Airport Environment Land Use Plan (AELUP) for John Wayne Airport, which is administered by the Airport Land Use Commission. The project is within the height restriction zone for the John Wayne Airport and the notification area of the Federal Aviation Regulation (FAR) Part 77 imaginary surfaces aeronautical obstruction area. Section 77.13 of the FAR requires the notification of the Federal Aviation Administration (FAA) for any construction or alteration to buildings meeting specific criteria, including heights greater than 200 feet above ground level. The proposed project involves a General Plan amendment and an amendment to the Koll Center Newport Planned Community text, which would accommodate the development of a new business plaza comprised of a new 1 -story bank, two 3 -story office buildings and a 2 -level parking structure. The proposed project includes the preparation of a parcel map to combine the two existing lots into a single parcel. Discretionary actions associated with the proposed project include: ■ General Plan amendment ■ Koll Center Newport Planned Community text amendment ■ Tentative parcel map for commercial condominium purposes The proposed amendments and the proposed office building development plan are discussed separately below. General Plan Amendment and Koll Center Newport Planned Community Amendment The proposed project involves a General Plan amendment and a Koll Center Newport Planned Community text amendment to increase the allowable development square footage of the project site. The General Plan amendment would increase the maximum development limit for Anomaly Number 6 by 11,544 gross square feet, and the Koll Center Newport Planned Community text amendment would increase the allowable building area for Professional & Business Office Site F by 18,346 net square feet. Table 2 -1 below identifies the Newport Business Plaza 2 -4 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00912.09 FJones & Stokes Figure 2 -4 General Plan Land Use Designation and Statistical Area Location Newport Business Plaza CITYof NEWPORTBEACH ~� G ENERAL PLAN Figure LU11 P° Q' STATISTIC A L A R EA S 'o CO,- \ J6, L4 2 U Residentia l Neighborhoods i Project Site Single -Unit Reside ntia l Data c hed H2 Q i I - s� ��''yy IISI10 F LEE Single -Unit Residential Attached ® Two -Unit Re sid e ntial Multiple -Unit Residential -Multiple -Unit Reside ntla I Detached n� 14 � mPmo f FC110 ° Commercial Districts and Corridors cN Neighborhood Commercial cc Comdor Commercial - GeneralC =Genera r in l al g Commercial Recreational Marine i. and 0 Co l RegionalC Ommercal Commercial Office Districts Genera ]Comm ercia l Office \�� •.� � � ® f4 `, ®MedkalComme¢ial Office Ixs" "a a €' •'� °� 9 i = Ragiona I Comm erc is I Offc e Industrial Districts Industrial � � \��NE��: �• � � Airport Supporting Districts J5 10 Airport Officeand Supporting Uses Mixed -Use Districts \ �v,. •\ � nu -v Mixed Use Vertical e I Mixed Use Horaonta ' = -`w Mixed Use Water Rela ted ae a Co y \••\ ,� s g" \ FF \// ➢' �P Public, Semi - Public and Institutional ar jPuhlic Facilities Private Institutions 9 =Parks and Recreation �e r os Open Space Q Tdelandsand Submerged Lands 19- City of Newport Beach Boundary StatisncaIArea L4 a ---------- --- --- -- - ^ - -� -_ b 1 Land Use Delineator Line f, •Refe r to a no m a ly to h le 1000 Feet \. 11 ^I 0 500 L-1't-- J FJones & Stokes Figure 2 -4 General Plan Land Use Designation and Statistical Area Location Newport Business Plaza City of Newport Beach Chapter 2. Project Description and Environmental Setting existing square footage limits, the proposed changes, and overall proposed increase in allowable square footage. Table 2 -1. Proposed General Plan and Kell Center Newport Planned Community Text Square Footage Increase Proposed Koll Center General Plan - Anomaly Newport Planned Number 6 Community Text (gross square feet'') (net square feet) Existing 34,500 24,300 Proposed Project' Office Building A 24,782 23,242 Office Building B 17,259 15,970 Bank 4,003 3,434 Total Proposed Project 46,044 42,646 Proposed Increase 11,544 18,346 ' The General Plan and Koll Center Newport Planned Community text define square feet differently; thus, the numbers in the table for the proposed development are different. 2 The General Plan uses the term gross square footage to calculate development limits. Chapter 20.63 of the zoning code defines gross floor area, which is the same as applicable gross square footage, as "the area of a building or portion thereof including the surrounding exterior walls, except that outdoor dining areas utilized in conjunction with an eating and drinking establishment shall also be included. Any finished portion of the building which measures more than 4 feet from finished floor to ceiling and is accessible shall be included in calculations of gross floor area. Areas utilized for stairwells and elevator shafts shall be counted towards gross floor area only on the first level." 3 The Koll Center Newport Planned Community text uses the term net square footage to calculate allowable building area. Chapter 20.03 of the zoning code defines net floor area as "the area included within the surrounding walls of a building, exclusive of vent shafts, elevator shafts, stairways, exterior corridors or balconies, rooms containing only mechanical and electrical equipment used for service of the building, utility shafts and parking." The physical details, architecture, and construction of the business plaza are discussed below. Proposed Business Plaza Development As discussed above, the proposed land use amendments would increase the allowable building square footage to accommodate the development of a new business plaza. The existing office building and bank would be demolished for the new development. The proposed business plaza would be comprised of four levels and would include a 1 -story bank building, two 3 -story office buildings (A and B), and a 2 -level parking structure. The first level (at or below grade) would consist of the first level of parking. The second level (also known as the podium level and above grade) would consist of the second level of parking, a plaza, and Newport Business Plaza 2 -5 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00872.09 City of Newport Beach Chapter 2. Project Description and Environmental Setting the fast story of the bank and two office buildings. The third and fourth levels would consist of the second and third stories of the two office buildings. An average of 148 employees is expected to work in the proposed business plaza. Figure 2 -5 illustrates the project site plan. The maximum height of the business plaza would be approximately 62 feet above the original grade. Approximately 26% of the project site would be landscaped, with the remaining area (74 %) covered by buildings and other impervious surfaces. The two levels of parking would provide 214 spaces, which exceeds the 190 spaces required by current City codes based on the proposed uses. The existing ingress /egress locations on Campus Drive and Jamboree Road would remain in the same locations. The Jamboree Road ingress /egress would be modified slightly to allow for entrance into the first, at -grade parking level. The proposed architectural style of the business center would be "Newport Nautical' theme using simple clean lines to give visual prominence and presence to this center. The parking structure would be configured to blend into the overall composition of the architecture of the bank and two office buildings. The two sides of the proposed parking structures that abut neighboring properties would use paint, textures, planters, and softscape to soften the composition of the parking structure wall. The proposed business plaza would incorporate a plaster exterior skin, reflective glass, aluminum panels, and canopy elements. Figure 2 -6 shows an architectural rendering of the proposed project. Equipment such as heating, ventilation, and air conditioning units would be screened from the public view by the height of the buildings. All equipment would be centrally located on the roof surfaces, prohibiting views of the equipment. Construction Activities Prior to construction, all current employees would be relocated to another existing office building in the South Coast Metro area or the Irvine area. Demolition and construction is assumed to start in winter 2011, depending on market conditions and final City approval, and would last approximately 14 months. The construction schedule may include some overlap of construction activities. The construction activities and their approximate duration are identified below. • Approximately 2 weeks for demolition of the existing buildings and parking lot. • Approximately 1 month for grading and site preparation. • Approximately 9 months for building construction. • Approximately 3 months for architectural finishing. Approximately 3,000 cubic yards of soil would be exported from the project site to accommodate the construction of the foundation and parking lot during grading and site preparation. Approximately 260 roundtrip truck trips would be Newport Business Plaza %09 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00912.09 w w ry U) U m no' .. EXISTING COURTHOUSE wry_- SOURCE Ware Malc mh J2009� 'CF St kes EXISTING COMMERCIAL / RETAIL I L....� 11�1=1111 .H ®111111 ® ■ ■ +:. �° r IN 6 wdi111111d1�il�ifnfl1ifli�iN ES , JAMB REE ROAD EXISTING UC- IRVINE FACILITY n I Q U EXISTING COMMERCIAL / RETAIL q11"i EXISTING HIGH DENSITY RESIDENTIAL F oopp*v m- Figure 2 -5 Proposed Project Plan Newport Business Plaza SOURCE: Ware Malcomb (2009) 'oJones& Figure 2 -6 r Stokes Proposed Project Rendering Newport Business Plaza City of Newport Beach Chapter 2. Project Description and Environmental Setting required throughout the entire construction schedule to haul soils, building materials, and equipment, with the majority of the truck trips associated with the nine months of building construction. A total of 47 construction workers would be required, with the most workers required during the building construction (approximately 20). The construction staging area would be located in the southeast corner of the project site adjacent to Jamboree Road. All buildings would comply with all applicable codes, including those related to seismic activity. Construction crews would work no more than 8 hours per day and would restrict their activities to between 7:00 a.m. and 6:00 p.m. on non - federal- holiday weekdays and between 8:00 a.m. and 5:00 p.m. on Saturdays. Per the Municipal Code, construction would not occur on Sundays or federal holidays. Newport Business Plaza 2 -7 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00972.09 Chapter 3 Initial Study Environmental Checklist Chapter 3 Initial Study Environmental Checklist 1. Project Title: 2. Lead Agency Name and Address: 3. Contact Person and Phone Number: 4. Project Location: 5. Project Sponsor's Name and Address: 6. General Plan Designation: 7. Zoning: 8. Description of Project: 9. Surrounding Land Uses and Setting 10. Other Public Agencies Whose Approval Is Required: Newport Business Plaza 3 -1 InitialStudy /Mitigated Negative Declaration Newport Business Plaza City of Newport Beach Planning Department 3300 Newport Boulevard Newport Beach CA 92658 Janet Johnson Brown, Associate Planner 949/644 3236 Located at 4699 Jamboree Road and 5190 Campus Drive in Newport Beach, the business plaza would be at the intersection of Jamboree Road and Campus Drive. WPI- Newport, LLC John E. Young 5190 Campus Drive Newport Beach CA 92660 Mixed -Use Horizontal 2 (MU -H2) PC -15, Koll Center Newport Planned Community See Chapter 2, Project Description and Environmental Setting. See Chapter 2, Project Description and Environmental Setting. John Wayne Airport Land Use Commission July 2010 ICF Jss 00912.09 City of Newport Beach Chapter 3. Initial Study Environmental Checklist Environmental Factors Potentially Affected: The environmental factors checked below potentially would be affected by this project (i.e., the project would involve at least one impact that is a Potentially Significant Impact), as indicated by the checklist on the following pages. ❑ I. Aesthetics El Agriculture and Forest E] Ill. Air Quality Resources Resources ❑ IV. Biological Resources ❑ V. Cultural Resources ❑ VI. Geology and Soils ❑ VII. Greenhouse Gas El VIII. Hazards and VIII. 11 IX Hydrology and Water IX Emissions Materials ❑ X. Land Use and Planning ❑ XI. Mineral Resources ❑ XII. Noise ❑ XIII. Population and Housing ❑ )UV. Public Services ❑ XV. Recreation El XVI. Transportation and ❑ XVII. Utilities and Service El XVIII. Mandatory Findings Traffic Systems of Significance Determination: 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, there will not be a significant effect in this case because revisions to 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 an impact on the environment that is "potentially significant" or "potentially significant unless mitigated" 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 ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the project, nothing further is required. Signature Date Newport Business Plaza April 2010 Administrative Draft 3.2 Initial Study/Mitigated Negative Declaration ICC J&Sa 7209 City of Newport Beach Evaluation of Environmental Impacts: Chapter 3. Initial Study Environmental Checklist 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 rupture zone). A "No Impact' answer should be explained if 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, 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 may be significant. If there are one or more "Potentially Significant Impact' entries when the determination is made, an environmental impact report (EIR) is required. 4. "Less- than - Significant Impact with Mitigation Incorporated" applies when the incorporation of mitigation measures has reduced an effect from a "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 if, pursuant to tiering, program EIR, or other California Environmental Quality Act (CEQA) process, an effect has been adequately analyzed in an earlier EIR or negative declaration [Section 15063(c)(3)(D)]. In this case, a brief discussion should identify the following. (a) Earlier Analysis Used. Identify and state where earlier analyses 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 treasures based on the earlier analysis. (c) Mitigation Measures. For effects that are "Less- than - Significant with Mitigation Incorporated," describe the mitigation measures that 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, when appropriate, include a reference to the page or pages where the statement is substantiated. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. Newport Business Plaza 3 -3 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00912.09 City of Newport Beach Chapter 3. Initial Study Environmental Checklist 8. This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from 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 a less- than - significant level. Newport Business Plaza 3 -4 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00912.09 City of Newport Beach Chapter 3. Initial Study Environmental Checklist I. AESTHETICS Potentially Significant Impact Less than Significant with Mitigation Incorporated Less -than- Significant Impact No Impact 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 along a scenic highway? C. Substantially degrade the existing visual character ❑ ❑ ® ❑ or quality of the site and its surroundings? d. Create a new source of substantial light or glare ❑ ® ❑ ❑ that would adversely affect daytime or nighttime views in the area? Discussion Would the project: a. Have a substantial adverse effect on a scenic vista? No Impact. The proposed project would not affect a scenic vista. Figure 3 -1, which represents Designated Public Viewpoints, in the City of Newport Beach's (City's) General Plan, identifies the existing public view points throughout the City. The project site is not identified as a public view point, nor would the proposed business plaza obstruct views from any public viewpoints (City of Newport Beach 2006a). The project site is located in a fully developed business and professional office park. It is currently occupied by a 1 -story office building and bank, landscaping, and a 113 - space surface parking lot. Therefore, as there are no scenic vistas in the general proximity of the project site, no impacts would occur. b. Substantially damage scenic resources, including, but not limited to trees, rock outcroppings, and historic buildings along a scenic highway? No Impact. The project site does not consist of any rock outcroppings that are of significant visual quality. There are no historic buildings on site or in the project area that would be affected by the proposed project. Furthermore, there are no designated scenic highways in the vicinity of the proposed project (California Department of Transportation 2009). Therefore, the proposed project would not damage a scenic resource along a scenic highway, and no impacts would occur. c. Substantially degrade the existing visual character or quality of the site and its surroundings? Less- than - Significant Impact. The proposed project would not adversely affect the existing visual character or quality of the site and its surroundings because the project site is located in a fully developed business and professional office park and would not damage any scenic resources. The proposed project would blend in with the existing character of the area and surrounding land uses. The surrounding land uses are varied. Commercial and office buildings are located to the Newport Business Plaza 3 -5 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00912.09 City of Newport Beach Chapter 3. Initial Study Environmental Checklist north/northwest of the project site (across Campus Drive). Three high -rise condominium towers (The Plaza) are located to the north /northeast of the project site. The University of California Irvine Arboretum is located to the east/southeast of the project site (across Jamboree Road). The Arboretum consists of several buildings, parking lots, and open space areas that adjoin the San Joaquin Marsh. Immediately adjacent to the project site to the south is the Harbor Justice Center. The Campus Plaza office complex is located to the west. The proposed business plaza would include a 1 -story bank, two 3 -story office buildings, and a 2 -level parking structure; therefore, it would be a similar use when compared to the existing office and bank uses currently on site. The maximum height of the business plaza would be approximately 62 feet above the original grade (Ware Malcomb 2010). The proposed architectural style of the business plaza would be a "Newport Nautical" theme using simple, clean lines to give visual prominence and presence to the business plaza. The proposed parking structure would be configured to blend into the overall composition of the architecture of the business plaza. The two sides of the parking structures, which would abut neighboring properties, would use paint, textures, planters, and softscape to soften the composition of the parking structure wall. The proposed business plaza would incorporate a plaster exterior skin, reflective glass, aluminum panels, and canopy elements (see Figure 2 -6 for the architectural rendering of the proposed project). Equipment such as heating, ventilation, and air conditioning (HVAC) units would be screened from the public view by the height of the building. All equipment would be centrally located on the roof surfaces, prohibiting views of the equipment. The proposed project would aesthetically update the corner from the existing office and bank uses and improve the overall aesthetic quality of the Campus and Jamboree intersection. Therefore, the proposed project would not substantially degrade the existing character of the project site or surrounding area and impacts would be less than significant. d. Create anew source of substantial light or glare that would adversely affect daytime or nighttime views in the area? Less- than - Significant Impact with Mitigation Incorporated. The project site is located in an area that is developed with a mixture of commercial, office, residential, and open space. The existing parking lot is lighted for nighttime parking for safety purposes. Any lighting associated with the proposed project would generally be similar to the existing lighting in the area. Mitigation Measures A -1, A -2, and A -3 would ensure that the proposed project would not add substantial amounts of lighting to the area. Therefore, impacts would be less than significant with mitigation. Mitigation Measures: Mitigation Measure A -1: The site shall not be excessively illuminated based on the luminance recomtmendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Planning Director, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Planning Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. Mitigation Measure A -2: Prior to the issuance of building permits, the applicant shall prepare a final lighting plan for approval by the Planning Department that demonstrates spill light trespass and glare are below or at luminance levels pursuant to recommendations of the Illuminating Engineering Society of North America. Mitigation Measure A -3: Exterior on -site lighting shall be shielded and confined within site boundaries. No direct rays or glare are permitted to shine onto public streets or adjacent sites or create a public nuisance. "Walpak" type fixtures are not permitted. Parking area lighting shall have zero cut- Newport Business Plaza 3 -6 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00912.09 Source: City of Newport Beach, 2005 ICFJones& Figure 3 -1 Stokes Designated Public Viewpoints Newport Business Plaza -TA NE5A ;VENIE.11 IRVINE ia., � 4 •t >� r • t Legend 'I.V ` Public View Point PACIFIC OCEAN - Coastal View Road Shoreline Height • vewao cos. Limitation Zone City Boundary County 0 os s,.,E >.w� Source: City of Newport Beach, 2005 ICFJones& Figure 3 -1 Stokes Designated Public Viewpoints Newport Business Plaza City of Newport Beach Chapter 3. Initial Study Environmental Checklist off fixtures and light standards shall not exceed 20 feet in height. Newport Business Plaza 3 -7 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00872.09 City of Newport Beach Chapter 3. Initial Study Environmental Checklist Less than Significant AGRICULTURE AND FOREST Potentially with Less -than- Significant Mitigation Significant No II. RESOURCES Impact Incorporated Impact Impact In determining whether impacts on agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state's inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. -- Would the project: a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non - agricultural use? b. Conflict with existing zoning for agricultural use or conflict with a Williamson Act contract? C. Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? d. Result in the loss of forest land or conversion of forest land to non - forest use? e. Involve other changes in the existing environment that, due to their location or nature, could result in conversion of Farmland to non - agricultural use or conversion of forest land to non - forest use? Newport Business Plaza 3 -8 InitialStudy /Mitigated Negative Declaration ■❑ V ►/ July 2010 ICF Jss 00912.09 City of Newport Beach Discussion Would the project: Chapter 3. Initial Study Environmental Checklist 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? No Impact. The proposed project would not convert any farmland to a non - agricultural use. The project site is not designated as Prime Farmland, Farmland of Statewide Importance, Unique Farmland, or Farmland of Local Importance (California Department of Conservation 2009). The project site and the surrounding land are identified as "urban and built -up land" by the California Department of Conservation's Farmland Mapping and Monitoring Program. Furthermore, the project site is located in an existing developed commercial and mixed -use setting with no agricultural uses on or surrounding the site. No impacts would occur. b. Conflict with existing zoning for agricultural use or conflict with a Williamson Act contract? No Impact. The proposed project would not conflict with existing zoning or agriculture use. The project site is currently zoned PC -15, Kell Center Newport Planned Community), which does not allow agricultural uses. The Williamson Act applies to parcels consisting of least 20 acres of Prime Farmland or at least 40 acres of farmland not designated as Prime Farmland. The project site is not located within a Prime Farmland designation, nor does it consist of more than 40 acres of farmland. Therefore, the project site is not eligible to be placed under a Williamson Act Contract. No impacts would occur. c. Conflict with existing Zoning far, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 511040)? No Impact. The proposed project would not conflict with existing zoning or cause rezoning of forest land. The project site is located within an urban area far from any forest lands. Therefore, no impacts would occur. d. Result in the loss of forest land or conversion of forest land to non forest use? No Impact. The proposed project would not result in the loss of forest land or conversion of forest land to non - forest use. The project site is located within an urban area far from any forest lands. Therefore, no impacts would occur. e. Involve other changes in the existing environment that, due to their location or nature, could result in conversion of Farmland to non - agricultural use or conversion offorest land to non forest use? No Impact. The proposed project would not result in the conversion of farmland to non - agricultural use, nor result in the conversion of forest land to non - forest use. The project site is not currently used for agriculture and is not located in or near agricultural areas or forest lands. Therefore, the proposed project would not disrupt or damage the operation or productivity of any areas designated as farmland and no farmland or forest land would be affected by the proposed project. No impacts would occur. Newport Business Plaza 3 -9 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00912.09 City of Newport Beach Chapter 3. Initial Study Environmental Checklist III. AIR QUALITY Potentially Significant Impact Less than Significant with Mitigation Incorporated Less -than- Significant Impact No Impact When 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 a nonattainment area for an applicable federal or state ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors)? d. Expose sensitive receptors to substantial pollutant ❑ ❑ ® ❑ concentrations? e. Create objectionable odors affecting a substantial ❑ ❑ ® ❑ number of people? Discussion Would the project: a. Conflict with or obstruct implementation of the applicable air quality plan? No lmpact. The project site is located in the South Coast Air Basin (Basin). The South Coast Air Quality Management District (SCAQMD) is required, pursuant to the federal Clean Air Act, to reduce emissions of criteria pollutants for which the Basin is in nonattainment (i.e., ozone [03], and particulate matter 10 microns or less in size [PMto], and particulate matter 2.5 microns or less in size [PM2.5]). As such, the proposed project would be subject to the SCAQMD's 2007 Air Quality Management Plan (AQMP). The AQMP contains a comprehensive list of pollution control strategies directed at reducing emissions and achieving ambient air quality standards. These strategies are developed, in part, based on regional population, housing, and employment projections prepared by the Southern California Association of Governments (SCAG). SCAG is the regional planning agency for Los Angeles, Orange, Ventura, Riverside, San Bernardino, and Imperial Counties, and addresses regional issues relating to transportation, economy, community development, and environment. With regard to air quality planning, SCAG has prepared the Regional Comprehensive Plan, which includes Growth Management and Regional Mobility chapters that form the basis for the land use and transportation control portions of the AQMP. These documents are used in the preparation of the air Newport Business Plaza 3 -10 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00912.09 City of Newport Beach Chapter 3. Initial Study Environmental Checklist quality forecasts and consistency analysis included in the AQMP. Both the Regional Comprehensive Plan and AQMP are based, in part, on projections originating with County and City General Plans. The proposed project involves a General Plan amendment and a Koll Center Newport Planned Community text amendment to increase the allowable development square footage of the project site. The General Plan amendment would increase the maximum development limit for Anomaly Number 6 by 11,544 gross square feet, and the Koll Center Newport Planned Community text amendment would increase the allowable building area for Professional and Business Office Site F by 18,346 net square feet. A project is consistent with the AQMP if it is consistent with the population, housing, and employment assumptions that were used in its development. The most recent AQMP adopted by SCAQMD incorporates SCAG's 2008 Regional Transportation Plan (RTP) socioeconomic forecast projections of regional population and employment growth. The project site is located in the SCAG's City of Newport Beach Subregion. The 2008 RTP projects that employment in this subregion will grow by about 879 jobs between the years 2010 and 2020. The proposed project's addition of approximately 83 net new jobs would represent approximately 9% of the total employment growth projected for the subregion (Southern California Association of Governments 2001). Such levels of employment growth are consistent with the forecasts for the subregion as adopted by SCAG, and as such are consistent with the AQMP. No impacts would occur, and no mitigation measures are necessary. Additionally, emissions generated by construction and operation would not exceed thresholds as described in the analysis below in 111(b) and BI(c). The thresholds in III(b) and (c) are based on the AQMP and are designed to bring the Basin into attainment for the criteria pollutants for which it is in nonattainment. Therefore, because the proposed project would not exceed any of the thresholds it would not conflict with SCAQMD's goal of bringing the Basin into attainment for all criteria pollutants and, as such, is consistent with the AQMP. No impacts would occur and no mitigation measures are necessary. b. Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Less - than - Significant Impact. As discussed in Section III(a), the project site is located in the Basin. State and federal air quality standards often are exceeded in many parts of the Basin. The proposed project would contribute to air pollutant emissions during construction (short-term) and operations (long - term). A discussion of the proposed project's potential construction -period and operations - period air quality impacts are provided below. Regional Construction Impacts SCAQMD has established methods to quantify air emissions associated with construction activities such as air pollutant emissions generated by operation of on -site construction equipment, fugitive dust emissions related to grading and site work activities, and mobile (tailpipe) emissions from construction worker vehicles and haul /delivery truck trips. Emissions would vary from day to day, depending on the level of activity, the specific type of construction activity occurring, and, for fugitive dust, prevailing weather conditions. With respect to the proposed project, construction activities are expected to extend over a period of approximately 14 months. Major construction activities include demolition, grading and site Newport Business Plaza 3 -11 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00912.09 City of Newport Beach Chapter 3. Initial Study Environmental Checklist preparation, building construction, concrete, and architectural finishing. A mass emissions inventory for the construction period was compiled based on an estimate of construction equipment as well as scheduling and phasing assumptions. More specifically, the mass emissions analysis takes into account: ■ combustion emissions from operating on -site construction equipment, ■ fugitive dust emissions from moving soil on site, and ■ mobile - source combustion emissions from worker commute travel. For the purpose of estimating emissions associated with the construction activities, a project time frame of January 2011 through March 2012 was assumed. Emissions were calculated using the URBEMIS2007 emissions inventory model. The quantity, duration, and the intensity of construction activity have an effect on the amount of construction emissions, and related pollutant concentrations, occurring at any one time. As such, the emission forecasts reflect a specific set of conservative assumptions based on the expected construction scenario wherein a relatively large amount of construction is occurring in a relatively intensive manner. Because of this conservative assumption, actual emissions could be less than those forecasted. If construction is delayed or occurs over a longer time period, emissions could be reduced because of (1) a more modern and cleaner- burning construction equipment fleet mix, and/or (2) a less intensive buildout schedule (i.e., fewer daily emissions occurring over a longer time interval). A conservative estimate of the proposed project's regional mass emissions during construction is presented in Table 3 -1 (Appendix A includes detailed results from the URBEMIS model). As shown in Table 3 -1, all criteria pollutant emissions would remain well below their respective thresholds. Thus, impacts would be less than significant. Table 3 -1. Forecast of Regional Construction Emissions Criteria Pollutant Emissions (pounds per day) Construction Phase ROG NO, CO sox Pm, Pm,.s Demolition 2.80 24.35 11.95 <0.01 3.20 1.44 Grading/Excavation 3.40 29.77 15.14 0.01 7.90 2.65 Construction 3.28 21.60 13.69 <0.01 1.22 1.11 Concrete 1.14 7.33 7.52 <0.01 0.58 0.52 Architectural Finishing 44.84 0.03 0.47 <0.01 <0.01 <0.01 Maximum Regional Project Emissions 45 30 15 <1 8 3 SCAQMD Regional Emissions Threshold 75 100 550 150 150 55 (lbs /day) Exceed Threshold? No No No No No No ROG = reactive organic gas NOx = oxides of nitrogen CO = carbon monoxide SO, = sulfur oxides PM10 = particulate matter equal to or less than 10 microns PM,., = particulate matter less than 2.5 microns Source: Appendix A, URBEMIS 2007 outputs Newport Business Plaza July 2010 3 -12 Initial Study /Mitigated Negative Declaration icF Jas 00872.09 City of Newport Beach Localized Construction Impacts Chapter 3. Initial Study Environmental Checklist SCAQMD Localized Significance Threshold (LST) methodology guidelines are used to determine potential impacts on sensitive receptors that are located in the immediate vicinity of the activity emitting emissions, in this case the high density residential receptors located approximately 500 feet northeast of the project site. When quantifying mass emissions for localized analysis, only emissions that occur on site are considered. As shown in Table 3 -2, localized emissions for all criteria pollutants would remain below their respective SCAQMD LST significance thresholds (Appendix A includes detailed results from the LST analysis). As such, localized impacts that may result from air pollutant emissions during the construction phases would be less than significant. Table 3 -2. Forecast of Localized Construction Emissions These localized thresholds were taken from tables provided in the SCAQMD Localized Significance Thresholds Methodology guidance document based on the following: 1) The project site is located in SCAQMD Source Receptor Area No. 20, 2) sensitive receptors located within 100 meters of construction activity, and 3) the maximum site area disturbed is 1 acre. ROG = reactive organic gas NOx = oxides of nitrogen CO = carbon monoxide SOx = sulfur oxides PM1 o = particulate matter equal to or less than 10 microns PM2.5 = particulate matter less than 2.5 microns Source: Appendix A, URBEMIS 2007 outputs Regional Operations Impacts SCAQMD also has established significance thresholds to evaluate the potential impacts associated with long -term project operations. Regional air pollutant emissions associated with project operations would be generated by the consumption of electricity and natural gas and the operation of on -road vehicles. Pollutant emissions associated with energy demand (i.e., electricity generation and natural gas consumption) are classified by SCAQMD as regional stationary- source emissions. Electricity is considered an area source because it is produced at various locations in and outside the Basin. Because it is not possible to isolate where electricity is produced, these emissions conservatively are considered to occur in the Basin and be regional in nature. Criteria pollutant emissions associated with the production and consumption of energy were calculated using emission factors from the Newport Business Plaza 3 -13 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00912.09 Criteria Pollutant Emissions (pounds per day) Construction Phase ROG NOx CO sox Pm" PM1,5 Demolition 2.63 22.36 10.47 <0.01 3.10 1.36 Grading /Excavation 3.08 26.09 12.53 <0.01 7.73 2.50 Construction 3.15 20.98 10.44 <0.01 1.17 1.08 Concrete 1.01 6.71 4.27 <0.01 0.53 0.49 Architectural Finishing 44.83 <0.01 <0.01 <0.01 <0.01 <0.01 Worst Case On -Site Total 45 26 13 <1 S 3 SCAQMD Localized Significance Threshold (Ibs /day)' 108 1,090 27 9 Exceed Threshold? No No No No No No These localized thresholds were taken from tables provided in the SCAQMD Localized Significance Thresholds Methodology guidance document based on the following: 1) The project site is located in SCAQMD Source Receptor Area No. 20, 2) sensitive receptors located within 100 meters of construction activity, and 3) the maximum site area disturbed is 1 acre. ROG = reactive organic gas NOx = oxides of nitrogen CO = carbon monoxide SOx = sulfur oxides PM1 o = particulate matter equal to or less than 10 microns PM2.5 = particulate matter less than 2.5 microns Source: Appendix A, URBEMIS 2007 outputs Regional Operations Impacts SCAQMD also has established significance thresholds to evaluate the potential impacts associated with long -term project operations. Regional air pollutant emissions associated with project operations would be generated by the consumption of electricity and natural gas and the operation of on -road vehicles. Pollutant emissions associated with energy demand (i.e., electricity generation and natural gas consumption) are classified by SCAQMD as regional stationary- source emissions. Electricity is considered an area source because it is produced at various locations in and outside the Basin. Because it is not possible to isolate where electricity is produced, these emissions conservatively are considered to occur in the Basin and be regional in nature. Criteria pollutant emissions associated with the production and consumption of energy were calculated using emission factors from the Newport Business Plaza 3 -13 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00912.09 City of Newport Beach Chapter 3. Initial Study Environmental Checklist SCAQMD's CEQA Air Quality Handbook (South Coast Air Quality Management District 1993; Appendix to Chapter 9). Mobile- source emissions were calculated using the URBEMIS2007 emissions inventory model, which multiplies an estimate of daily vehicle miles traveled (VMT) by applicable EMFAC2007 emissions factors.I The URBEMIS2007 model output and worksheets for calculating regional operational daily emissions are provided in Appendix A. As shown in Table 3 -3, the proposed project's net regional emissions would not exceed regional SCAQMD thresholds. Therefore, regional operations emissions would not result in a significant long -term regional air quality impact. Table 3 -3. Forecast of Regional Operational Emissions t Daily VMT estimate derived by applying URBEMIS2007 default trip generation and length estimates (per land use) to the proposed project land uses. Newport Business Plaza July 2010 3 -14 Initial Study /Mitigated Negative Declaration icF Jas 00872.09 Criteria Pollutant Emissions (pounds per day) ROG NO, CO sox PM, PMz.5 Existing Mobile' 9.5 14.4 127.6 0.2 25.5 5.0 Area 0.4 0.2 3.2 <0.1 <0.1 <0.1 Stationaryb <0.1 1.1 0.2 0.1 <0.1 <0.1 Existing Operational Emissions 9.9 15.6 131.0 0.2 25.6 5.0 Proposed Project Mobiles 6.7 9.7 87.3 0.1 173 3.4 Area 0.5 0.4 3.4 <0.1 <0.1 <0.1 Stationary' <0.1 2.2 0.4 0.2 0.1 0.1 New Operational Emissions 7.3 12.3 91.0 0.3 17.4 3.4 Total Net Operational Emissions (3) (3) (40) <1 (8) (2) SCAQMD Regional Emissions Threshold (lbs /day) 55 55 550 150 150 55 Exceed Threshold? No No No No No No a Mobile emissions calculated using the URBEMIS2007 emissions model. Model output sheets are provided in Appendix A. b Emissions attributable to project- related electricity generation calculated based on guidance provided in the SCAQMD's CEQA Air Quality Handbook (1993). Worksheets are provided in Appendix A. ROG = reactive organic gas NOx = oxides of nitrogen CO = carbon monoxide SOx = sulfur oxides PMto = particulate matter equal to or less than 10 microns PM2.5 = particulate matter less than 2.5 microns Source: Appendix A, URBEMIS 2007 outputs t Daily VMT estimate derived by applying URBEMIS2007 default trip generation and length estimates (per land use) to the proposed project land uses. Newport Business Plaza July 2010 3 -14 Initial Study /Mitigated Negative Declaration icF Jas 00872.09 City of Newport Beach Local Operational Emissions Chapter 3. Initial Study Environmental Checklist In an urban setting, vehicle exhaust is the primary source of carbon monoxide (CO). Consequently, the highest CO concentrations generally are found close to congested intersections. Under typical meteorological conditions, CO concentrations tend to decrease as the distance from the emissions source (e.g., congested intersection) increases. For purposes of providing a conservative worst -case impact analysis, CO concentrations typically are analyzed at congested intersection locations. If impacts are less than significant close to congested intersections, impacts also would be less than significant at more distant sensitive - receptor locations. SCAQMD recommends a hot spot evaluation of potential localized CO impacts when volume -to- capacity ratios (V /C) are increased by 2% or more at intersections with a Level of Service (LOS) C or worse. Project traffic during the operational phase of the proposed project would not have the potential to create local area CO impacts; as discussed in Section XVI(a) under Transportation and Traffic, the proposed project would not significantly affect peak -hour traffic volumes. Thus, local intersections would not be affected by the proposed project, and no impacts would result from CO hot spots. With respect to the proposed project's on -site mass emissions, Table 3 -4 shows that operations -period emissions would be below SCAQMD's localized significance thresholds. Impacts from emissions of these criteria pollutants would be less than significant. Table 3-4. Forecast of Localized Operational Emissions a Emissions attributable to project - related electricity generation, calculated based on guidance provided in the SCAQMD's CEQA Air Quality Handbook (1993). Worksheets are provided in Appendix A. b These localized thresholds were taken from tables provided in the SCAQMD Localized Significance Thresholds Methodology guidance document based on the following: 1) The project site is located in SCAQMD Source Receptor Area No. 20, 2) sensitive receptors are located within 100 meters of the proposed project, and 3) the maximum site are disturbed is 1 acre. ROG = reactive organic gas NO, = oxides of nitrogen CO = carbon monoxide SOX = sulfur oxides PMto = particulate matter equal to or less than 10 microns. PM2,5 = particulate matter less than 2.5 microns Source: Appendix A, URBEMIS 2007 outputs c. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is a nonattainment area for an applicable federal or state ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors)? Less - than - Significant Impact. SCAQMD's approach for assessing cumulative impacts is based on the AQMP forecasts of attainment of ambient air quality standards in accordance with the requirements of the federal and state Clean Air Acts. As discussed earlier in Section III(a), the Newport Business Plaza 3 -15 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00912.09 Criteria Pollutant Emissions (pounds per day) ROG NO, CO SOx Pm, Pm,., On -Site Area Source Emissions" 0.5 0.4 3.4 <0.1 <0.1 <0.1 SCAQMD Localized Significance Threshold (lbs /day)b 108 1,090 7 3 Exceed Threshold? No No No No No No a Emissions attributable to project - related electricity generation, calculated based on guidance provided in the SCAQMD's CEQA Air Quality Handbook (1993). Worksheets are provided in Appendix A. b These localized thresholds were taken from tables provided in the SCAQMD Localized Significance Thresholds Methodology guidance document based on the following: 1) The project site is located in SCAQMD Source Receptor Area No. 20, 2) sensitive receptors are located within 100 meters of the proposed project, and 3) the maximum site are disturbed is 1 acre. ROG = reactive organic gas NO, = oxides of nitrogen CO = carbon monoxide SOX = sulfur oxides PMto = particulate matter equal to or less than 10 microns. PM2,5 = particulate matter less than 2.5 microns Source: Appendix A, URBEMIS 2007 outputs c. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is a nonattainment area for an applicable federal or state ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors)? Less - than - Significant Impact. SCAQMD's approach for assessing cumulative impacts is based on the AQMP forecasts of attainment of ambient air quality standards in accordance with the requirements of the federal and state Clean Air Acts. As discussed earlier in Section III(a), the Newport Business Plaza 3 -15 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00912.09 City of Newport Beach Chapter 3. Initial Study Environmental Checklist proposed project would be consistent with the AQMP, which is intended to bring the Basin into attainment for all criteria pollutants .2 In addition, the mass regional emissions calculated for the proposed project (Forecast of Regional Construction Emissions and Forecast of Regional Operational Emissions) are less than the applicable SCAQMD daily significance thresholds that are designed to assist the region in attaining the applicable state and national ambient air quality standards. The regional daily significance thresholds take into account other activity occurring in the region, and therefore, inherently address a project's contribution to cumulative air quality impacts. As such, cumulative impacts would be less than significant. d. Expose sensitive receptors to substantial pollutant concentrations? Less- than - Significant Impact. As described in Section III(b) above, construction and operation of the proposed project would not result in any substantial localized or regional air pollution impacts and therefore would not expose any nearby sensitive receptors to substantial pollutant concentrations. Impacts would be less than significant. e. Create objectionable odors affecting a substantial number ofpeople? Less - than - Significant Impact. According to the SCAQMD CEQA Air Quality Handbook (1993), land uses associated with odor complaints typically include agricultural uses, wastewater treatment plants, food processing plants, chemical plants, composting, refineries, landfills, dairies, and fiberglass molding. The proposed project includes the construction and operation of a business plaza, which will be occupied by a bank and office uses. Therefore, the proposed project would not include any uses identified by SCAQMD as being associated with odors and would not produce objectionable odors. Potential sources of odors during construction activities include equipment exhaust, paving, and the use of architectural coatings and solvents. Odors from these sources would be localized and generally confined to the project site. The proposed project would use typical construction techniques, and the odors would be typical of most construction sites. Additionally, the odors would be temporary, occurring when equipment is operating and during paving and painting activities. Construction activities associated with the proposed project would be required to comply with SCAQMD Rule 402 on nuisances. Additionally, SCAQMD Rules 1108 and 1113 limits the amount of volatile organic compounds from cutback asphalt and architectural coatings and solvents, respectively. Via mandatory compliance with SCAQMD Rules, no construction activities or materials are proposed that would create a significant level of objectionable odors. As such, potential impacts during short-term construction would be less than significant. z CEQA Guidelines Section 15064(h)(3) states "A lead agency may determine that a project's incremental contribution to a cumulative effect is not cumulatively considerable if the project will comply with the requirements in a previously approved plan or mitigation program which provides specific requirements that will avoid or substantially lessen the cumulative problem (e.g. water quality control plan, air quality plan, integrated waste management plan) within the geographic area in which the project is located. Such plans or programs must be specified in law or adopted by the public agency with jurisdiction over the affected resources through a public review process to implement, interpret, or make specific the law enforced or administered by the public agency." Newport Business Plaza 3 -16 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00912.09 City of Newport Beach Chapter 3. Initial Study Environmental Checklist IV. BIOLOGICAL RESOURCES Potentially Significant Impact Less than Significant with Mitigation Incorporated Less -than- Significant No Impact Impact Would the project: a. Have a substantial adverse effect, either directly or ❑ ❑ ❑ through habitat modifications, on any species identified as a candidate, sensitive, or special- status species in local or regional plans, policies, or regulations, or by the California Department of ❑ ® ❑ ❑ Fish and Game or U.S. Fish and Wildlife Service? b. Have a substantial adverse effect on any riparian ❑ ❑ ❑ habitat or other sensitive natural community identified in local or regional plans, policies, or 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, marshes, vernal pools, coastal wetlands, 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? Discussion Would the project: a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special- status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? No Impact. Although the proposed project would remove existing ornamental trees and landscaping, it would not have a substantial adverse effect on any candidate, sensitive, or special - status species. Newport Business Plaza 3 -17 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00872.09 City of Newport Beach Chapter 3. Initial Study Environmental Checklist The project site is fully developed with an office and bank building and is located in an urbanized setting. According to Figure NR2 of the City of Newport Beach General Plan Natural Resources Element, the project site is not located within an Environmental Study Area (City of Newport Beach 2006a). The project site is void of any native vegetation or wildlife habitat. Therefore, the proposed project would not modify habitat or adversely affect sensitive biological resources. No impacts would occur. b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified 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 would not have an adverse effect on any riparian habitat. According to Figure NR2 of the City of Newport Beach General Plan Natural Resources Element, the project site is not located within an Environmental Study Area (City of Newport Beach 2006a). The project site is fully developed and void of any riparian habitat or other natural communities. Therefore, the proposed project would not accommodate riparian habitat or other sensitive natural community. No impacts would occur. 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, marshes, vernal pools, coastal wetlands, etc.) through direct removal, filling, hydrological interruption, or other means? No Impact. The project site is fully developed and there are no federal wetlands present on site or in the general vicinity of the project site. Furthermore, the project site is completely lacking any jurisdictional waters. No impacts would occur. 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? Less - than - Significant Impact with Mitigation Incorporated. The proposed project would not interfere with the movement of fish or wildlife. The project site is located in an urbanized setting and is not connected to other undeveloped lands. According Figures NRl and NR2 of the City of Newport Beach General Plan Natural Resources Element, the project site is not identified as a biological resources area or located in an environmental study area (City of Newport Beach 2006a) and is not connected to any wildlife corridors. Therefore, the project site is not considered a part of a regional wildlife corridor that would facilitate movement of wildlife species from one area to another. It does not support daily movement of species from breeding, roosting, and nesting sites. Although the existing ornamental trees on site are not anticipated to provide important habitat, the removal of ornamental trees on site could reduce the number of stopover locations or nesting sites for migratory birds. Therefore, Mitigation Measure BIO -1 is proposed to reduce the impact on migratory birds should the trees be removed during migration season. Impacts would be less than significant with mitigation incorporated. Mitigation Measure: Mitigation Measure BIO -1: The removal of ornamental trees on site shall not be scheduled during the avian nesting season (approximately February 1 through August 31) to ensure project conformance with the Migratory Bird Treaty Act. If clearing and grubbing are proposed to occur between February 1 and August 31, a preconstruction survey for nesting birds shall be conducted by a Newport Business Plaza 3 -18 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00912.09 City of Newport Beach Chapter 3. Initial Study Environmental Checklist qualified biologist no more than 7 days prior to the start of construction. If nesting birds occur within the disturbance area, a buffer around the nest shall be determined by a qualified biologist. All construction activities shall occur outside the buffer area until a qualified biologist has determined that the nest is complete and that no new nesting activity has occurred within the buffer area. e. Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? No Impact. The project site does not contain any biological resources that are protected by local policies. The project site has several ornamental trees and landscaping that would be removed as result of the proposed project. According to the City of Newport Beach General Plan Natural Resources Element, the project site is not located in an area where sensitive and rare terrestrial and marine resources occur (City of Newport Beach 2006a). Furthermore, according to the County of Orange General Plan Resources Element, the project site is not located within the boundaries of the Orange County Natural Communities Conservation Plan area (County of Orange 2005). For additional details regarding local policies or ordinances refer to Section X, Land Use and Planning. The proposed project would not conflict with any local policies or ordinances protecting biological resources. No impacts would occur. 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? No Impact. The City of Newport Beach is a signatory to a Natural Resource Community Conservation Plan agreement. However, per Figure VI -5 of the Resources Element of the Orange County General Plan, the project site is not located within a designated Natural Communities Conservation Plan area (City of Newport Beach 2006a, County of Orange 2005). Therefore, it not subject to the provisions of any local, regional, or state habitat conservation plan or Natural Communities Conservation Plan area and no impacts would occur. Newport Business Plaza 3 -19 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00912.09 City of Newport Beach Chapter 3. Initial Study Environmental Checklist V. CULTURAL RESOURCES Potentially Significant Impact Less than Significant with Mitigation Incorporated Less -than- Significant Impact No Impact Would the project: a. Cause a substantial adverse change in the ❑ ❑ ❑ significance of a historical resource as defined in Section 15064.5? b. Cause a substantial adverse change in the ❑ ® ❑ ❑ significance of an archaeological resource pursuant to Section 15064.5? C. Directly or indirectly destroy a unique ❑ E ❑ ❑ paleontological resource or site or unique geologic feature? d. Disturb any human remains, including those ❑ ❑ ® ❑ interred outside of formal cemeteries? Discussion Would the project: a. Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? No Impact. The project site is occupied by two modern, connected office and bank buildings, surrounded by ornamental landscaping and a surface parking lot. The project site is depicted as vacant land on the 1965 edition of the U.S. Geological Survey (USGS) Tustin 7.5 minute quadrangle topographic map, with the existing office buildings depicted on the 1981 photograph- revised version of the same map. This change correlates in time with the approval in August 1972 of the Koll Center Newport Planned Community by the City, which includes the project site, and subsequent construction. Thus, the existing buildings are 38 years old at most. Built environment resources constructed after 1960, unless extraordinarily important, are not considered of sufficient age to warrant listing in the California Register of Historic Resources. A record search conducted on March 16, 2010, determined that no historical structures resources have been recorded on the project site and that no historical structures are located within a 0.5 -mile radius of the project site. There are no historical structures on the project site listed on any local, state, or national historical registers, nor any determined to be eligible for listing as a significant historical resource, according to the Historical Resources Element of the Newport Beach General Plan (City of Newport Beach 2006a). Because there are no historical structures on the project parcel, no impacts would occur. b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5? Less - Than - Significant Impact With Mitigation Incorporated. The project site has not been Newport Business Plaza 3 -20 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00912.09 City of Newport Beach Chapter 3. Initial Study Environmental Checklist previously surveyed for cultural resources. Since there is no surface exposure at the project site, no archaeological resources survey was performed for this project. A record search conducted on March 16, 2010 determined that no prehistoric or historical archaeological sites have been recorded in the project area. Two prehistoric archaeological sites, CA- Ora -115 (King 1963) and CA- Ora - 121/287 (Long and Schwartz 1963) have been recorded within a 0.5 -mile radius of the project site. Neither of these sites is adjacent to the project site; the nearest is approximately 1,000 feet to the east. Both prehistoric archaeological sites may have since been destroyed by development. No historical structures are depicted in the project site on the 1896 and 1901 USGS Santa Ana 30 minute topographic quadrangles, or on the USGS Tustin 7.5 minute quadrangle, indicating there is no potential for historical archaeological resources. The project site has undergone grading for construction of the existing parking lot and building, and for development of other adjacent buildings. Ground disturbances from these previous developments likely would have inadvertently destroyed any unknown prehistoric archeological resources present. However, the location of two prehistoric sites in proximity slightly increases the possibility of discovering buried resources on the project site. Furthermore, the ground disturbance during construction would remove approximately 3,000 cubic yards of soil. Therefore, even though it is highly unlikely that the proposed project would disturb buried significant prehistoric archaeological resources, impacts would be reduced to less than significant with the implementation of Mitigation Measure CR -1. Mitigation Measure: Mitigation Measure CR -1: The project plans shall specify that a qualified archaeologist be contacted in the unlikely event that prehistoric archaeological resources are discovered in the project area during ground- disturbing activities. Work shall stop in the area of the find and within 50 feet of the fmd until a qualified archaeologist can assess the significance of the find and, if necessary, develop appropriate treatment measures. Treatment measures typically include development of avoidance strategies, capping with fill material, or mitigation of impacts through data recovery programs such as excavation or detailed documentation. Prehistoric Archeological monitoring of the project site shall not be required, unless it is determined by the qualified archeologist who prepares the treatment measures for the find that monitoring is required based on the sediments being excavated and the significance of the find. c. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Less -Than- Significant Impact With Mitigation Incorporated. The project site is situated on late Pleistocene marine deposits that have been cut to form a marine terrace commonly known as Newport Mesa (Morton and Miller 1981, California Division of Mines and Geology 1997). These deposits can be highly fossiliferous, containing vertebrate, invertebrate, and plant fossil specimens (Stadum 2010). A geotechnical report prepared for the proposed project indicated that the parcel is underlain by thin fill, with thicker fill probably present under the existing building (Krazan & Associates 2005). The proposed project would involve grading and the excavation of approximately 3,000 cubic yards of existing soil to prepare for the building foundations. It is highly unlikely the proposed project would disturb any paleontological resources. However, deeper excavations, if any, that extended into Pleistocene marine deposits may encounter significant fossil resources. Disturbance of significant paleontological resources would result in a significant adverse impact. Mitigation Measure CR -2 would reduce impacts associated with the proposed project to a less- than - significant level. Newport Business Plaza 3 -21 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00912.09 City of Newport Beach Chapter 3. Initial Study Environmental Checklist Mitigation Measure: Mitigation Measure CR -2: Project plans shall specify that that a qualified paleontologist shall be contacted in the event that potential paleontological resources are discovered. During construction, the contractor shall halt site excavation or preparation if suspected fossilized remains are unearthed. Construction shall cease on site and shall not be resumed until a qualified paleontologist is contacted to assess the resources and identify appropriate treatment measures, if applicable. Treatment measures may include salvaging fossils and samples of sediments as they are unearthed to avoid construction delays and /or temporarily halting or diverting equipment to allow removal of abundant or large specimens. Recovered specimens shall be prepared to a point of identification and permanent preservation, including washing of sediments to recover small invertebrates and vertebrates. Specimens shall be curated into a professional, accredited museum repository with permanent retrievable storage. A report of findings, with an appended itemized inventory of specimens, shall be prepared and shall signify completion of the program to mitigate impacts on paleontological resources. d. Disturb any human remains, including those interred outside offormal cemeteries? Less - Than - Significant Impact. The project site is not a formal cemetery and is not adjacent to a formal cemetery. The project site is not known to contain human remains interred outside formal cemeteries, nor is it known to be located on a burial ground. The record search performed for the proposed project indicated that prehistoric archaeological sites, CA- Ora -115 (King 1963) and CA- Ora- 121/287 (Long and Schwartz 1963) have been recorded within a 0.5 -mile radius of the project site. Site CA -Ora -121 has yielded Native American burials in an area about 1 mile northeast of the project site (Strudwick 1998). The proposed project would involve grading and the excavation of approximately 3,000 cubic yards of existing soil to prepare for the building foundations. A geotechnical report prepared for the proposed project indicated that the parcel is underlain by thin fill, with thicker fill probably present under the existing building (Krazan & Associates 2005). Therefore, it is highly unlikely the proposed project would disturb any human remains during construction of the proposed project. Should human remains be uncovered during construction, as specified by State Health and Safety Code Section 7050.5, no further disturbance will occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to Public Resources Code 5097.98. If such a discovery occurs, excavation or construction will halt in the area of the discovery, the area will be protected, and consultation and treatment will occur as prescribed by law. If the Coroner recognizes the remains to be Native American, he or she will contact the Native American Heritage Commission, who will appoint the Most Likely Descendent. Additionally, if the bones are determined to be Native American, a plan will be developed regarding the treatment of human remains and associated burial objects, and the plan will be implemented under the direction of the Most Likely Descendent. Therefore, impacts would be less than significant. Newport Business Plaza 3 -22 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00912.09 City of Newport Beach Chapter 3. Initial Study Environmental Checklist VI. GEOLOGY AND SOILS Potentially Significant Impact Less than Significant with Mitigation Incorporated Less -than- Significant Impact No Impact Would the project: a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: 1. 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. 2. Strong seismic groundshaking? ❑ ❑ ® ❑ 3. Seismic - related ground failure, including ❑ ❑ ® ❑ liquefaction? 4. Landslides? ❑ ❑ ❑ 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 an on -site 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 in areas where sewers are not available for the disposal of wastewater? Newport Business Plaza July 2010 3 -23 Initial Study /Mitigated Negative Declaration icF Jas 00872.09 City of Newport Beach Discussion Would the project: Chapter 3. Initial Study Environmental Checklist a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: al. 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. No Impact. By definition of the State Mining and Geology Board, an active fault is one that has had surface displacement within the Holocene Epoch (roughly the last 11,000 years). The State Mining and Geology Board has defined a potentially active fault as any fault that has been active during the Quaternary Period (approximately the last 1.6 million years). These definitions are used in delineating earthquake fault zones as mandated by the Alquist -Priolo Geologic Hazards Act of 1972 and revised in 1994 as the Alquist - Priolo Geologic Hazard Zoning Act and Earthquake Fault Zones (California Geological Survey 2003). Impacts from surface rupture are generally limited to areas in the immediate vicinity of a fault that could result in offset of the earth at the fault line. There are no Alquist - Priolo zones in the City of Newport Beach (California Department of Conservation 2007). Therefore, no impacts would occur. a2. Strong seismic groundshaking? Less - than - Significant Impact. All of southern California, including the City of Newport Beach, is located in a seismically active area and is subject to strong seismic groundshaking. The City is located in the northern part of the Peninsular Ranges Province, an area that is exposed to risk from multiple earthquake fault zones. The highest risks originate from the Newport- Inglewood Fault, the Whittier Fault, the San Joaquin Hills Fault, and the Elysian Park Fault, each with the potential to cause moderate to large earthquakes that would cause ground shaking in Newport Beach and nearby communities. Policies contained in the Newport Beach General Plan would minimize adverse effects caused by seismic and geologic hazards such as strong seismic groundshaking (City of Newport Beach 2006a). For example, Policy S4.1 requires regular update to building and fire codes to provide for seismic safety and design, and Policies S4.4 and S4.5 restrict new development from locating in areas that would be affected by seismic hazards. Additionally, new development would be required to comply with the building design standards of the California Building Code for construction of new buildings and/or structures, and specific engineering design and construction measures would be implemented to anticipate and avoid the potential for adverse impacts (City of Newport Beach 2006b). The proposed project includes the demolition of existing office and bank buildings and the construction and operation of a new business plaza. All demolition and construction would occur in accordance with building and safety standards as specific by the City. The proposed business plaza would be constructed in compliance with the latest earthquake- resistant design available and relevant codes. The entire business plaza would comply with the most up -to -date building codes and plans would be reviewed and approved by the City prior to issuance of grading and building permits and construction activities. Furthermore, the business plaza would be evaluated prior to occupation to ensure construction has been completed in accordance with the approved plans and applicable codes. Therefore, impacts would be less than significant. Newport Business Plaza 3 -24 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00912.09 City of Newport Beach Chapter 3. Initial Study Environmental Checklist a3. Seismic- related ground failure, including liquefaction? Less - than - Significant Impact. Liquefaction is a geologic process that causes ground failure and typically occurs in loose, saturated sediments primarily of sandy composition (City of Newport Beach 2006a). It usually occurs under vibratory conditions such as those induced by seismic events ( Krazan & Associates 2005). Figure 3 -2, Existing Liquefaction and Seismic Hazard Areas, identifies areas of potential liquefaction in the City. The project site is not located in an area identified as having a potential for soil liquefaction when subject to a seismic event (City of Newport Beach 2006a, Krazan & Associates 2005). Furthermore, the State of California has zoned the area as not having a potential liquefaction hazard (California Department of Conservation 2001). The subsurface conditions appear typical of those found in the geologic region of the project site. The soils within the depth of exploration consist of marine terrace deposits overlain by a thin layer of fill. Deeper fill soils are anticipated to be present on site. Below the fill soils, stiff to hard clayey silts and silty clays with interbedded layers of medium dense to very dense silty sands were encountered. Field and laboratory tests suggest that these soils are moderately strong and slightly compressible. Penetration resistance, measured by the number of blows required to drive a modified California sampler or a standard penetration test sampler, ranged from 9 to over 50 blows per foot. Dry densities ranged from 89.1 to 125.1 pounds per cubic feet. Representative soil samples had angles of internal friction of 21 and 31 degrees with cohesions of 300 and 100 pounds per square foot, respectively. Based on the cohesive materials and the relatively high blow counts, the potential for liquefaction is considered to be low ( Krazan & Associates 2005). Because the project site is not located in a liquefaction zone and because of the geologic characteristics of the site, impacts on people or structures as a result of seismic- related ground failure, including liquefaction, would be less than significant. a4. Landslides? No Impact. The proposed project would have no impact related to landslides. Figure 3 -2 identifies areas with landslide potential and the project site is not located within any area with landslide potential (City of Newport Beach 2006a). The project site is generally flat and the proposed project would not require slope cuts that could result in landslides. Therefore, no impacts associated with landslides would occur. b. Result insubstantial soil erosion or the loss of topsoil? Less - than - Significant Impact. The project site does not contain substantial amounts of topsoil. The project site is currently developed and consists of mostly impermeable surfaces (two buildings and parking lot). Small amounts of exposed onsite soils would be prone to soil erosion during the construction phase of the proposed project. As required by the City's Municipal Code, the proposed project applicant would obtain a grading permit from the City's Building Official (City of Newport Beach 2006b). Chapter 15.10 contains grading, fill, drainage, and erosion control standards that would be applied to the corresponding construction activity (City of Newport Beach 2006b). The project applicant would implement standard erosion control measures and construction best management practices (BMPs) that would minimize impacts. Furthermore, as discussed in Section IX(a), Hydrology and Water Quality, the stormwater pollution prevention plan (SWPPP) would assist with the control of soil erosion and loss of topsoil. Therefore, impacts would be less than significant. Newport Business Plaza 3 -25 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00912.09 City of Newport Beach Chapter 3. Initial Study Environmental Checklist 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 an on -site or off -site landslide, lateral spreading, subsidence, liquefaction, or collapse? Less- than - Significant Impact. The project site has been developed and is not located in an area identified by the City of Newport Beach General Plan as having a potential for soil liquefaction. All proposed project components would occur in accordance with building and safety standards. Furthermore, as discussed in Section VI(a4), no impacts on people or structures as a result of landslide would occur. Impacts on people or structures as a result of seismic - related ground failure, including liquefaction (as discussed in Section VI(0)), lateral spreading, subsidence, or collapse would be less than significant. 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? Less - than - Significant Impact with Mitigation Incorporated. See Sections VI(a3) and Vl(c) for additional details regarding soils located at the project site. An expansion index of 94 was determined for selected substrate material from the project site (I£razan & Associates 2005). This expansion index indicates a high expansion potential (Caltrans 2005). The highly expansive soils on site could potentially damage the foundation of the proposed business plaza or create a risk to employees that could result in potentially significant impacts if not properly accounted for in project design and construction. Mitigation Measures GEO -1 through GEO -5, as discussed below would to reduce impacts associated with expansive soils on site to less than significant. Mitigation Measures: Mitigation Measure GEO -1: During the preparation of the grading plans and prior to issuance of grading permits, the grading plans shall stipulate that all grading and earthwork shall be performed in accordance with the Grading Ordinances of the City of Newport Beach and the applicable portion of the General Earthwork Specification in Appendix B of the geotechnical report prepared for the proposed project. During construction, grading of the site by the contractor shall adhere to grading plans approved by the City. The implementation of these measures shall be verified during field inspections. Mitigation Measure GEO -2: During the preparation of grading plans and prior to issuance of grading permits, the grading plans shall stipulate that all fill shall consist of non - expansive materials, moisture- conditioned to near optimum if cohesionless, and to 130% of optimum if cohesive or clayey. The characteristics of the fill soil shall be evaluated by the geotechnical consultant prior to placement, and confirmed to meet grading plan specifications. Mitigation Measure GEO -3: During construction, to minimize the potential for soil movement, the upper 24 inches of soil within the building slab areas (garage slab and ramp) shall be replaced with 2 feet of crushed aggregate. Mitigation Measure GEO -4: Prior to construction of the parking area, a geotechnical engineer shall inspect the bottom of the site excavation to verify no additional excavation is required to minimize impacts on the structural integrity of the buildings associated with expansive soils. Newport Business Plaza 3 -26 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00912.09 Source: City of Newport Beach and Earth Consultants f2003) rigure 'CFExisting Liquifaction and Seismic Hazard Areas INTERNAT1ON ^t Newport Business Plaza S Legend City Boundary _Areas with liquefaction potential Areas with landslide potential Fault Disclosure Zone for -real - estate disclosure purposes 1 rvs wea Fault Line BAY Major fault traces as mapped by Morton, - 1 1999. Presumed active, I O+e except where shown otherwise based on o \ ^ geological studies r Southward Projection of active fault traces based - �.. 11e on a subsurface study on t of the Santa to Ana Ana River Highway Local Road �� 1 ° °• O County _ 'a -p e Y a` C 1♦ P rl �y Ain - PACIFIC O EAN x f s i Source: City of Newport Beach and Earth Consultants f2003) rigure 'CFExisting Liquifaction and Seismic Hazard Areas INTERNAT1ON ^t Newport Business Plaza City of Newport Beach Chapter 3. Initial Study Environmental Checklist Mitigation Measure GEO -5: During construction, if groundwater rises near or above the proposed excavation during construction, underwater construction and a dewatering system shall be incorporated to minimize impacts on the structural integrity of the buildings. e. Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems in areas where sewers are not available for the disposal of wastewater? No Impact. No septic tanks or alternative wastewater disposal systems are included as part of the proposed project. The project site would tie into the existing sewer line. No impacts would occur. Newport Business Plaza 3 -27 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00872.09 City of Newport Beach Chapter 3. Initial Study Environmental Checklist Less than Significant Potentially with Less -than- Significant Mitigation Significant No VII. GREENHOUSE GAS EMISSIONS Impact Incorporated Impact Impact When 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. Generate greenhouse gas emissions, either ❑ ❑ ® ❑ directly or indirectly, that may have a significant impact on the environment? b. Conflict with any applicable plan, policy, ❑ ❑ ® ❑ or regulation of an agency adopted for the purpose of reducing the emissions of Discussion Would the project: a. Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment based on any applicable threshold of significance? Less - than - Significant Impact. Greenhouse gases emitted by human activity are implicated in global climate change or global warming. The principal greenhouse gases (GHGs) are carbon dioxide (CO2), methane (CH4), nitrous oxide (N20), ozone (03), and water vapor. Fossil fuel consumption in the transportation sector (on -road motor vehicles, off - highway mobile sources, and aircraft) is the single largest source of GHG emissions, accounting for approximately 50% of GHG emissions globally. Industrial and commercial sources are the second largest contributors of GHG emissions with about 25% of total emissions. Some greenhouse gases such as COz occur naturally and are emitted to the atmosphere through natural processes and human activities. Other greenhouse gases (e.g., fluorinated gases) are created and emitted solely through human activities. For purposes of analysis the global warming potential of each gas is equated to CO2 and the CO2 equivalent (CO2e) is identified in metric tons for each GHG. The recommended approach for GHG analysis included in the Governor's Office of Planning and Research (OPR) June 2008 Technical Advisory is to: (1) identify and quantify GHG emissions, (2) assess the significance of the impact on climate change, and (3) if significant, identify alternatives and/or mitigation measures to reduce the impact below significance. Neither the State CEQA Statute nor Guidelines prescribe thresholds of significance or a particular methodology for performing an impact analysis. The California Air Resources Board (CARB) has published draft preliminary guidance to agencies on how to establish interim significance thresholds for analyzing GHG emissions (California Air Resources Board 2008). That guidance, while still in draft form, does provide some assistance to the City in evaluating whether a project would impede the State's mandatory requirements under Assembly Bill (AB) 32 to reduce statewide GHG emissions to 1990 levels by 2020. Until more guidance is provided from the expert agencies (CARB and/or SCAQMD), the City intends to consider projects emitting 1,600 metric tons of CO2e or less per year to be a less - than- significant Newport Business Plaza 3 -28 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00912.09 City of Newport Beach Chapter 3. Initial Study Environmental Checklist contribution to GHGs, thereby not requiring further analysis. For projects exceeding the screening threshold of 1,600 metric tons of CO2C emissions per year, the City will consider projects to have significant impacts if they either (1) are not substantially consistent with policies and standards set out in federal, state, and local plans designed to reduce GHGs, or (2) would emit more than 6,000 metric tons of COZe per year. Projects that do not meet these thresholds would be considered to have significant impacts, and thus could be expected to impede the State's mandatory requirement under AB 32 to reduce statewide GHG emissions to 1990 levels by 2020. A conservative estimate of the proposed project's CO2e emissions during construction and operation is presented in Table 3 -5. As shown, not only would emissions remain well below the City's screening threshold of 1,600 metric tons of COZe per year, net emissions would be negative, and a decrease in emissions would be achieved. Thus, impacts would be less than significant. Newport Business Plaza 3 -29 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00912.09 City of Newport Beach Chapter 3. Initial Study Environmental Checklist Table 3 -5. Estimate of Project - Related Greenhouse Gas Emissions (metric tons per year) b. Conflict with any applicable plan, policy, or regulation of an agency adopted for the purpose of reducing the emissions ofgreenhouse gases? Less- than - Significant Impact. AB 32 identified the acceptable level of GHG emissions in California in 2020 as 427 million metric tons (MMT) of CO2e, (equal to the 1990 GHG emissions level) which is approximately 12% less than the current level (480 MMT COZe in 2004), and is approximately 28.5% less than 2020 business as usual conditions (596 MMT CO2e). To achieve these GHG reductions, there will have to be widespread reductions of GHG emissions across California. Some of those reductions will need to come in the form of changes in vehicle emissions and mileage, changes in the sources of electricity, and increases in energy efficiency by existing facilities, as well as other measures. The remainder of the necessary GHG reductions will need to Newport Business Plaza 3 -30 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00912.09 Carbon Dioxide Equivalent Project Emissions Construction- Period Emissions 2011 324 2012 18 Operations - period Emissions Existing Mobile Sources 2,709 Natural Gas Combustion 34 Electricity Demand Related Water Consumption Related 136 <1 Total Existing Project Mobile Sources 2,878 1,842 Natural Gas Combustion 22 Electricity Demand Related Water Consumption Related 275 1 Total Project 2,139 Net Operations -Period Emissions (739) Total Project Emissions (728) City of Newport Beach Screening Level Threshold 1,600 Exceed Threshold? No s Value includes total annual operational emissions plus total construction emissions amortized over 30 years. Source: Appendix A, URBEMIS 2007 outputs b. Conflict with any applicable plan, policy, or regulation of an agency adopted for the purpose of reducing the emissions ofgreenhouse gases? Less- than - Significant Impact. AB 32 identified the acceptable level of GHG emissions in California in 2020 as 427 million metric tons (MMT) of CO2e, (equal to the 1990 GHG emissions level) which is approximately 12% less than the current level (480 MMT COZe in 2004), and is approximately 28.5% less than 2020 business as usual conditions (596 MMT CO2e). To achieve these GHG reductions, there will have to be widespread reductions of GHG emissions across California. Some of those reductions will need to come in the form of changes in vehicle emissions and mileage, changes in the sources of electricity, and increases in energy efficiency by existing facilities, as well as other measures. The remainder of the necessary GHG reductions will need to Newport Business Plaza 3 -30 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00912.09 City of Newport Beach Chapter 3. Initial Study Environmental Checklist come from requiring new facility development to have lower carbon intensity than business as usual conditions. Therefore, this analysis uses a threshold of significance that is in conformance with the state's goals. As such, the significance determination is independent of the quantity of GHG emissions produced; it is based on the ratio, or percent reduction of emissions produced by the proposed project in 2020 under two conditions: 1) business as usual conditions, and 2) with the incorporation of the reductions measures mentioned. If a project results in a decrease equal to or greater than 28.5% with the incorporation of GHG reduction measures, that project is said to not conflict with the reduction goals set forth by AB 32 and therefore would be in compliance with said policy. Operation of the proposed project is expected to result in emissions of GHGs resulting from energy consumption, motor vehicle exhaust, and water consumption. As discussed above in Section VIIa, the proposed project is expected to result in an overall decrease of GHG emissions over existing conditions; however, even the slightest emissions of GHGs could contribute to global warning and adverse global environmental effects. GHG emissions could also potentially conflict with the requirement of AB 32 to reduce statewide GHG emissions to 1990 levels by 2020. Motor vehicle GHG emissions result from gasoline and diesel fuel combustion. Increased energy and water consumption result in increased GHG emissions associated with the burning of fossils fuels for energy production, and the conveyance of water throughout the state. On December 12, 2008, CARB approved the AB 32 Scoping Plan, which contains emission reduction measures targeting sources of GHG emissions called for in AB 32. The scoping plan has a range of GHG reduction actions which include direct regulations, alternative compliance mechanisms, monetary and non - monetary incentives, voluntary actions, market based mechanisms such as a cap- and -trade system, and an AB 32 `cost of implementation fee' regulation to fund the program. In their AB 32 Scoping Plan, CARB has set in place several measures aimed at reducing emissions from these sources and more. Examples of GHG emissions reduction measures from the Scoping Plan include the following: ■ Transportation: ❑ Vehicle Emissions Standards /Improved Fuel Economy: Adopted by the Legislature in 2002, AB 1493, known as the Pavley Standards, requires GHG emission reduction from passenger cars and light -duty trucks. CARB estimates that the Pavley Standards will result in a reduction of nearly 20% of GHGs associated with motor vehicle use statewide. The AB 32 Scoping Plan also recommends additional strategies to reduce GHG emissions associated with passenger vehicles, including the Zero - Emission Vehicle Program and the Alternative and Renewable Fuel and Vehicle Technology Program ❑ Low Carbon Fuel Standard: Executive Order S -01 -07 requires a 10% or greater reduction in the average fuel carbon intensity for transportation fuels in California regulated by CARB. ❑ Vehicle Efficiency Measures: Additional measures identified in the Scoping Plan that would reduce light -duty vehicle GHG emissions include implementation of a tire pressure program, imposition of tire tread standards, reduction of engine load via lower friction oil use, and requiring solar reflective automotive paint and window glazing. ■ Electricity and Natural Gas: Newport Business Plaza 3 -31 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00912.09 City of Newport Beach Chapter 3. Initial Study Environmental Checklist ❑ Energy Efficiency: This measure sets new targets for statewide annual energy demand reduction of 32,000 gigawatt hours from business as usual. This strategy requires increased utility energy efficiency programs, more stringent building and appliance standards, and additional efficiency and conservation programs. ❑ Increased Combined Heat and Power Use: This measure sets a target of an additional 4,000 megawatts of installed combined heat and power capacity by 2020. Development of efficient combined heat and power systems would help displace the need to develop new, or expand existing power plants. ❑ Renewable Portfolio Standard: In 2008, Governor Schwarzenegger signed Executive Order 5 -14 -08 to streamline California's renewable energy approval process and increase the state's renewable energy standard to 33% by 2020, meaning that third of California's energy will be produced from renewable resources rather than fossil fuels. As shown in Table 3 -6, assuming conformity with CARB standards, GHG emissions in 2020 associated with operation of the proposed project are expected to be 30% less than under business as usual conditions. As such, impacts would be less than significant. Table 3 -6. Estimate of Project Conformity to AB 32 (metric tons per year) Newport Business Plaza 3 -32 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00912.09 Year 2020 AB 32 Scoping Year 2020 Percent Business as Usual Plan Reductions Emissions Reduction (metric tons (metric tons (metric tons (metric tons per year) per year) per year) per year) Emission Source Mobile Source 1,842 (548) 1,294 29.8% Natural Gas Combustion 22 (2) 20 9.0% Electricity Demand Related 275 (91) 184 33.0% Water Consumption Related I ( <l) 1 33.0% Total Project 2,139 (641) 1,498 30.0% AB 32 Threshold 28.5% Impact? No Source: Appendix A: emissions estimates Newport Business Plaza 3 -32 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00912.09 City of Newport Beach Chapter 3. Initial Study Environmental Checklist VIII. HAZARDS AND HAZARDOUS MATERIALS Less than Significant Potentially with Less -than- Significant Mitigation Significant No Impact Incorporated Impact Impact 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 that is included on a list of ❑ ❑ ® ❑ hazardous materials sites that complied 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 within an airport land use plan or, ❑ M ❑ ❑ where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f For a project within the vicinity of a private ❑ ❑ ❑ 0 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? It. 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? Newport Business Plaza July 2010 3 -33 Initial Study /Mitigated Negative Declaration iCF Jas 00872.09 City of Newport Beach Discussion Would the project: Chapter 3. Initial Study Environmental Checklist a. Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? Less than Significant with Mitigation Incorporated. Implementation of the proposed project may require the disposal of hazardous substances as a result of the demolition of two existing office buildings that were built in the raid- to late 1970s. No extensive renovations to the existing structures have occurred since that time; therefore, asbestos - containing building materials or lead -based paint may be present. The demolition activities could potentially result in significant impacts as a result of the potential release into the environment from the transport and disposal of asbestos - containing materials and /or lead -based paint. Mitigation Measure HM -1 would require proper handling, transport, and disposal of any hazardous materials, if discovered, as directed by the City. Impacts therefore are considered less than significant with mitigation incorporated. Mitigation Measure: Mitigation Measure HM -1: Prior to demolition of the office buildings on site, an asbestos - containing materials and lead -based paint assessment shall be performed by a qualified environmental professional and conducted in accordance with all federal, state, and local requirements, including those established by National Emissions Standards for Hazardous Air Pollutants guidelines and the Occupational Safety and Health Administration (OSHA). A report shall be furnished to the Building Department by said qualified environmental professional and shall outline the occurrence of hazardous materials on the project site. If asbestos - containing materials are discovered during site investigations, all potentially friable asbestos - containing materials shall be removed in accordance with federal, state, and local laws and the National Emissions Standards for Hazardous Air Pollutants guidelines prior to building demolition or renovation that may disturb the materials. All demolition activities shall be undertaken in accordance with California Occupational Safety and Health Administration (Cal/OSHA) standards, contained in Title 8 of the California Code of Regulations (CCR), Section 1529, to protect workers from exposure to asbestos. Materials containing more than 1% asbestos are also subject to SCAQMD regulations. Demolition and the transport and disposal shall be performed in conformance with these federal, state, and local laws and regulations shall avoid significant exposure of construction workers and/or the public to asbestos - containing materials. If lead -based paint is discovered during on -site investigations, all building materials containing lead -based paint shall be removed in accordance with Cal /OSHA lead in construction standard, Title 8, CCR 1532. 1, including employee training, employee air monitoring, and dust control. Any debris or soil containing lead -based paint or coatings shall be disposed of at landfills that meet acceptance criteria for the waste being disposed of. Demolition and the transport and disposal shall be performed in conformance with these federal, state, and local laws and regulations shall avoid significant exposure of construction workers and/or the public to lead -based paint. Newport Business Plaza 3 -34 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00912.09 City of Newport Beach Chapter 3. Initial Study Environmental Checklist b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Less - than - Significant Impact. Operation and construction of the proposed project would not result in the reasonably foreseeable upset or release of any hazardous materials. Construction equipment that would be used to build the proposed project has the potential to release oils, greases, solvents, and other finishing materials through accidental spills. Spill or upset of these materials would have the potential to affect surrounding land uses. However, the consequences of construction- related spills are generally reduced in comparison to other accidental spills and releases because the amount of hazardous material released during a construction- related spill is small as the volume in any single piece of construction equipment is generally less than 50 gallons. Construction- related spills of hazardous materials are not uncommon, but the enforcement of construction and demolition standards, including BMPs by appropriate local and state agencies, would minimize the potential for an accidental release of petroleum products and /or hazardous materials or explosions during construction. Federal, state, and local controls have been enacted to reduce the effects of potential hazardous materials spills. The Newport Beach Fire Department is an all -risk fire department. This means it has the resources to respond and provide services to all types of emergencies including: fires, medical emergencies, hazardous materials problems, beach rescues, traffic accidents, high rise incidents, wildland fires, major flooding, and disaster (City of Newport Beach 2009b). Furthermore, the Fire Department enforces City, state, and federal hazardous materials regulations for Newport Beach. City regulations include Unified Hazardous Waste and Hazardous Materials Management Regulatory Program, Chapter 9.04 of the City's Municipal Code, and implementation of the California Accidental Release Prevention Program (City of Newport Beach 2006b). Elements of these programs include spill mitigation and containment and securing of hazardous materials containers to prevent spills. Compliance with these requirements is mandatory as standard permitting conditions and would minimize the potential for the accidental release or upset of hazardous materials, helping to ensure public safety. The occupancy of office buildings is not associated with the use or storage of large amounts of hazardous substances. Therefore, the proposed project would not use or store large amounts of hazardous substances and an upset of those types of materials would not be reasonably foreseeable. The construction and operation of the proposed project would not create significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment; therefore, impacts would be less than significant. c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? No Impact. The proposed project includes the construction and operation of a business plaza with new office space and bank. The nearest school is the University of California Irvine Child Development Center located at 19262 Jamboree Road in the City of Irvine, which is located within 0.25 mile of the project site. However, the proposed project would not emit hazardous emissions or require handling hazardous or acutely hazardous materials, substances, or waste. Therefore, the proposed project would not emit hazardous emissions within one - quarter mile of a school. No impacts would occur. Newport Business Plaza 3 -35 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00912.09 City of Newport Beach Chapter 3. Initial Study Environmental Checklist d Be located on a site that is included on a list of hazardous materials sites that complied pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? Less - than - Significant Impact. The project site located at 4699 Jamboree Road is listed by Environmental Data Resources as a California Hazardous Material Incident Report System site with an undefined incident report on November 21, 1991. Additionally, an undefined "groundwater cleanup" incident was apparently reported for the intersection of Jamboree Road and Campus Drive, located adjacent to the project site. It is unknown what type of incident occurred and/or if the two reported incidents are related. On June 10, 2005, the Orange County Office of Emergency Services was contacted regarding information pertaining to the two reported /referenced incidents. To date, the Office of Emergency Services has not responded to requests pertaining to the two reported incidents, potentially associated with the subject site (Krazan & Associates 2005). Based on the absence of data in the Environmental Data Resources report pertaining to the type and likely resultant cleanup of the two spill incidents, the potential for a significant unauthorized release to have adversely affected the project site appears to be low. However, the current circumstances of the two spill incidents and their potential association with the project site are unknown. No sites with reported releases of hazardous materials to the subsurface, other than the reported spill at the project site and the adjacent Jamboree /Campus intersection, were reported in direct proximity or hydraulically upgradient of the subject site. In general, only potentially hazardous materials released from facilities located approximately upgradient and within a few hundred feet of the site, or in a cross - gradient direction close to the site, are judged to have a reasonable potential of migrating to the site. This opinion is based on the assumption that materials generally do not migrate large distances laterally within the soil, but rather tend to migrate with groundwater in the general direction of groundwater flow (Krazan & Associates 2005). A search of the project site at 4699 Jamboree Road and 5190 Campus Drive in the California Environmental Protection Agency (CaIEPA) Cortese List as a Department of Toxic Substances and Control Hazardous Waste site did not yield any results, and the project site addresses are not in the EnviroStor database of hazardous substances release sites (California Environmental Protection Agency 2010a, 2010b). Geotracker, the California database of leaking underground storage tanks, identified ten leaking underground storage tanks and other cleanup sites within 0.5 mile of the project site, but no leaking tanks were identified to be on site or on adjacent property ( Geotracker 2010). Finally, there are no active Cease and Desist Orders or Clean Up and Abatement Orders for hazardous materials /facilities in the project vicinity or at the project site (California Environmental Protection Agency 2010c). Therefore, the proposed project would not create a significant hazard to the public or the environment, and impacts would be less than significant. e. For a project within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? Less - than - Significant Impact with Mitigation Incorporated. The closest airport is John Wayne Airport, which is approximately 1.0 mile north of the project site. The project site is located within the boundaries of the Airport Environs Land Use Plan (AELUP) for John Wayne Airport. The project site is within the height restriction zone for the John Wayne Airport and the notification area of the Federal Aviation Regulation (FAR) Part 77 imaginary surfaces aeronautical obstruction area. Newport Business Plaza 3 -36 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00912.09 City of Newport Beach Chapter 3. Initial Study Environmental Checklist Section 77.13 of the FAR requires the notification of the Federal Aviation Administration (FAA) for any construction or alteration which: • exceeds 200 feet in height above the ground level at its site; • exceeds a height greater than an imaginary surface extending outward and upward at specific slope characteristics at 20,000 feet, 10,000 feet, and 5,000 feet from the nearest point of the airport runway; • is a highway with specific characteristics, and/or, • occurs at an airport. The proposed project would construct a business plaza consisting of a 1 -story bank, two 3 -story office buildings, and a 2 -level parking structure with a maximum height of 62 feet (Ware Malcomb). The project site is approximately 50 feet above mean sea level (Krazan & Associates 2005). Therefore, the proposed project would exceed the notice criteria for 77.13(a)(2) by 13 feet (Federal Aviation Administration 2010). Projects that meet the height restriction threshold must comply with federal and state procedures, including filing a Notice of Proposed Construction or Alteration (Federal Aviation Form 7460 -1). FAA would then perform an aeronautical study to determine if the project is considered an obstruction and if the project is determined to be a hazard to air navigation (Airport Land Use Commission 2008). Therefore, the proposed project would comply with Section 77.13 of the FAR and FAA requirements by filing a Notice of Proposed Construction or Alteration to reduce aviation related hazards through the application of Mitigation Measure HM -2. Impacts are therefore considered less than significant with mitigation incorporated. Mitigation Measure: Mitigation RM -2: Prior to site plan approval, the City of Newport Beach shall file a notice of Proposed Construction or Alteration with FAA (FAA Form 7460 -1) in accordance with Federal Aviation Regulation (FAR) Part 77. Following FAA's aeronautical study of the project site, the proposed project shall comply with conditions of approval imposed or recommended by FAA. Subsequent to these findings, the City shall refer the proposed project to the Orange County Airport Land Use Commission for consistency analysis. The Director of Planning, or designee, shall verify that the City has received a Determination of No Hazard to Air Navigation prior to the issuance of building permits for the norther parcel. 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. As described above in (e) the John Wayne Airport is located approximately 1 mile north of the project site. There is no private airstrip in the vicinity of the proposed project. Therefore, the proposed project would not result in a safety hazard for people working in the project area from operations of a private airstrip. No impacts would occur. g. Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? No Impact. The proposed project would not impair or physically affect any adopted emergency response plan or evacuation plan. The proposed project would not interfere with the implementation of the City's Emergency Response Plan. The City's Emergency Management Plan establishes safety Newport Business Plaza 3 -37 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00872.09 City of Newport Beach Chapter 3. Initial Study Environmental Checklist procedures with respect to aviation hazards to promote the safety of persons on the ground while reducing risks of serious harm to aircraft crews and passengers that may need to make emergency landings in the immediate airport vicinity. The proposed project would not require the closure of any public or private streets or roadways and would not impede access of emergency vehicles to the project site or any surrounding areas in the event of an aviation emergency or other emergency. Finally, the proposed project would provide all required emergency access in accordance with the requirements of the Newport Beach Fire Department during plan review by the Fire Department. No impacts would occur. h. Expose people or structures to a significant risk of loss, injury, or death involving wildland fares, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? No Impact The project site is not located in an area adjacent to or intermixed with wildlands, and is surrounded by office buildings. Furthermore, the City of Newport Beach General Plan Safety Element identifies the project site as Low/None Fire Susceptibility (City of Newport Beach 2006a). Therefore, people or structures would not be exposed to a significant risk of loss, injury, or death involving wildland fires as a result of the proposed project. No impacts would occur. Newport Business Plaza 3 -36 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00912.09 City of Newport Beach Chapter 3. Initial Study Environmental Checklist IX. HYDROLOGY AND WATER QUALITY Potentially Significant Impact Lessthan Significant with Less -than- Mitigation Significant No Incorporated Impact Impact Would the project: a. Violate any water quality standards or waste ❑ ❑ ® ❑ discharge requirements? b. Substantially deplete groundwater supplies or ❑ ❑ ® ❑ interfere substantially with groundwater recharge, resulting in 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 that 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 that would result in substantial erosion or siltation on site 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 that would result in flooding on site or off site? e. Create or contribute runoff water that would exceed ❑ ❑ ® ❑ the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f Otherwise substantially degrade water quality? ❑ ❑ ® ❑ g. Place housing within a 100 -year flood hazard area, ❑ ❑ ❑ as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h. Place within a I00 -year flood hazard area structures ❑ ❑ ❑ that 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? ❑ ❑ ❑ Newport Business Plaza July 2010 3 -39 Initial Study /Mitigated Negative Declaration icF Jas 00872.09 City of Newport Beach Discussion Would the project: Chapter 3. Initial Study Environmental Checklist a. Violate any water quality standards or waste discharge requirements? Less- than - Significant Impact. Land within the City of Newport Beach is included in four watersheds: Newport Bay, Newport Coast, Talbert, and San Diego Creek (City of Newport Beach 2006a). Each of these watersheds is under the jurisdiction of the Santa Ana Regional Water Quality Control Board ( SARWQCB) and subject to the objectives, water quality standards, and BMP requirements established in the Sana Ana River Basin Plan and Orange County Drainage Area Management Plan (DAMP). The project site is located in the San Diego Creek Watershed. San Diego Creek is the main tributary to Newport Bay, has a drainage area of 118 miles, and drains all or portions of the cities of Irvine, Laguna Woods, Lake Forest, portions of Newport Beach, Orange, and Tustin (City of Newport Beach 2003). The EPA and Santa Ana Regional Water Control Board have identified San Diego Creek Reach 1, Upper Newport Bay and Lower Newport Bay as impaired water bodies. Impairments are identified for metals, nutrients, pathogens, pesticides, and siltation (see Appendix B, Preliminary WQMP and State Water Resources Control Board 2009). Under the provisions of City of Newport Beach Municipal Code Chapter 14.36 (Water Quality), any discharge that would result in or contribute to degradation of water quality via stormwater runoff is prohibited. New development or redevelopment projects are required to comply with provisions set forth in the DAMP, including the implementation of appropriate BMPs identified in the DAMP, to control stormwater runoff so as to prevent any deterioration of water quality that would impair subsequent or competing beneficial uses of water (City of Newport Beach 2006a). Furthermore, a municipal separate storm sewer system (MS4) permit is provided to the City by SARWQCB under the National Pollutant Discharge Elimination System (NPDES) to regulate the amount of stormwater contaminants that are delivered into the City's waterways (City of Newport Beach 2009b). MS4 permits require an aggressive water quality ordinance, specific municipal practices to maintain City facilities, and the use of BMPs in many residential, commercial, and development- related activities to further reduce the amount of contaminants in urban runoff (City of Newport Beach 2006a). Construction activity resulting in a land disturbance of 1 acre or more, or less than 1 acre but part of a larger common plan of development or sale must obtain the Construction Activities Stormwater General Permit (2009 -0009 Department of Water Quality Permit effective July 2010) (State Water Resources Control Board 2010a). The Construction General Permit requires the development and implementation of a stormwater pollution prevention plan (SWPPP) (State Water Resources Control Board 2010b). The SWPPP must list BMPs that the discharger would use to protect stormwater runoff and must indicate the placement of those BMPs (State Water Resources Control Board 2010b). Additionally, the SWPPP must contain a visual monitoring program, a chemical monitoring program for "non- visible" pollutants to be implemented if there is a failure of BMPs, and a sediment monitoring plan if the site discharges directly to a water body listed on the 303(d) list for sediment (State Water Resources Control Board 2010b). The project site is approximately 78,800 square feet or approximately 1.7 acres; therefore, the amount of disturbed area during construction would be more than 1 acre. Consequently, construction of the proposed project would require the preparation and implementation of a formal SWPPP. Because the project site is located in the San Diego Creek Watershed, which is impaired for sedimentation, the SWPPP would minimize the potential for construction activities to violate water quality standards or waste discharge requirements, and would impacts would be less than significant. Newport Business Plaza 3-40 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00872.09 City of Newport Beach Chapter 3. Initial Study Environmental Checklist The existing site consists of mostly impermeable surfaces where approximately 78.5% of the project site is impervious surfaces (e.g., parking lot, building.) Figure 3 -3, Existing Drainage, shows the current drainage of the site. Under the proposed project, approximately 26% of the project site would be landscaped, and approximately 74% of the site would be paved. This would reduce the existing impervious area by approximately 4.5% (or increase the pervious surface on site). The proposed project would alter the existing drainage pattern of the site, but would not increase the impervious area. The proposed project has prepared a Preliminary Water Quality Management Plan (WQMP) (Appendix B), which would be subject to review and approval by the City prior to the issuance of grading and building permits. The plan identifies the following BMPs that are recommended to manage post - construction stormwater runoff from the project site: • Educate property owners, tenants, and occupants regarding the methods of preventing stormwater pollution. • Require the disposal of hazardous materials such as motor oil, paint in accordance with local regulations. • Prohibit sweeping of sediments, trash, and debris to the drain inlets. • Provide landscape management of common areas to ensure that the ongoing maintenance and use of fertilizers and pesticides of the on -site landscaping be consistent with City requirements. • Comply with CCR Title 22. ■ Implement a spill contingency plan to prevent or mitigate spills to storm drain systems, and develop and standardize reporting procedures, containment, storage, disposal activities, documentation, and follow -up procedures. ■ Disclose all hazardous materials before the start of any tenant improvement. ■ Train employees in the proper use, handling, and cleanup of all waste materials while on the job. ■ Provide weekly sweeping of private streets and parking lots. The project site drainage would consist of five areas (Al to A5) to appropriately manage stormwater runoff from the business plaza (Figure 3 -4, Proposed Project Drainage). The first onsite drainage area would collect drainage from the uncovered portions of the business plaza. This runoff would drain and be treated by the Flogard Lo -Pro trench drain with filter inserts to prevent pollutants (e.g. oil residues, herbicides from landscaping) from the stormwater from entering the drainage system. The runoff would then be conveyed by a parkway drain to the existing gutter along Jamboree Road. Runoff from the roof would be divided into four drainage areas. Each area would be filtered by Flogard Downspout Filter Assembly. Runoff would then be conveyed to grassy bioswales then eventually to a catch basin. Storm drain runoff would be released into the curb and gutter of either Jamboree Road or Campus Drive. Flows would then drain into the public storm drain. Operation of the proposed project would comply with City of Newport Beach Municipal Code 14.36 (Water Quality) and provisions set forth in the City's NPDES MS4 Permit and the Orange County DAMP. Therefore, operational impacts would be less than significant. Newport Business Plaza 3 -41 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00912.09 City of Newport Beach Chapter 3. Initial Study Environmental Checklist b. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge, resulting in a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate ofpre- existing nearby wells would drop to a level that would not support existing land uses or planned uses for which permits have been granted)? Less - than - Significant Impact. The project site is located generally in the coastal plain of the Orange County Groundwater Basin, which provides groundwater for much of central and north Orange County (City of Newport Beach 2006b). It is divided into upper, middle, and lower aquifers (Department of Water Resources 2004). Generally, the upper aquifer system has an average thickness of about 800 feet and contains a lower percentage of water - bearing strata in the northwest and coastal portions of the area (Department of Water Resources 2004). Furthermore, recharge to the upper aquifer system occurs primarily in the northeastern portions of the basin (Department of Water Resources 2004). The project site is located in the northwesUcoastal portion of the basin and this area is not a primary contributor to the recharge of the basin. Furthermore, the project site is currently developed and is not considered a source for groundwater recharge (City of Newport Beach 2006b). Finally, the proposed project would not increase the impervious area on the project site, thereby prohibiting recharge of the groundwater area. Therefore, impacts would be less than significant. 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 that would result in substantial erosion or siltation on site or off site? Less - than - Significant Impact. The project site currently consists of approximately 78.5% impervious surfaces. Two existing drainage areas (A and B) contain the stormwater runoff generated by the impervious surfaces on site. Figure 3 -3 shows the flow direction of the existing drainage, which is currently from south to north. Runoff from drainage area A (the western half of the property) is collected via existing v- gutters that start in the south then head west and drain in the north of the parking area. Runoff collected from this drainage sheet flows out to Campus Drive. Roof runoff from the other drainage area flows to and infiltrates to the existing landscaped area. The remaining runoff surface flows out to Campus Drive as well. Runoff from Campus Drive flows to the existing underground drainage system maintained by Orange County. It is then discharged to a dry pond and basin located south of the project site at the intersection of Jamboree Road and MacArthur Boulevard. An overflow is connected to San Diego Creek which then leads to the Upper Newport Bay until it reaches the Pacific Ocean (Appendix B). No streams or rivers are located on site, and therefore, the proposed project would not directly affect the flow of a river or stream. The proposed project would involve grading and soil disturbance during construction. These activities would minimally alter the existing drainage pattern of the site and would comply with the DAMP and require the preparation and implementation of a S WPPP (described above in Section IX[a], Hydrology and Water Quality). Once operational, the proposed project would not increase the impervious area on the project site over the existing conditions. The existing site consists of mostly impermeable surfaces where approximately 78.5% of the project site is impervious surfaces (e.g., parking lot, building). Approximately 26% of the project site would be landscaped, and approximately 74% of the site would be paved with implementation of the proposed project. This would reduce the existing impervious area by approximately 4.5 %. The proposed project would alter the existing drainage pattern of the site, but would not substantially increase the impervious area. Therefore, impacts from erosion during operation and construction, either on site or off site would be less than significant. Newport Business Plaza 3 -42 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00912.09 i' } 1 } } I Y ti } h _ — — _ — _ _ — _ _ _ — — _ — — _ — — JAMBOREE ROAD 1CF INTERNATIONAL X Rp IC APEA TRWUTAav FaG DIRECTM X ROW DESIGN C10 AREA 8C A � AREA IN C100 ACRES Pre Development Impervious Area 1.385 AC Pervious Area 0.380 AC GRAPHIC SCALE rlyure ra Existing Drainage Newport Business Plaza I w WJ I I I I I I X Rp IC APEA TRWUTAav FaG DIRECTM X ROW DESIGN C10 AREA 8C A � AREA IN C100 ACRES Pre Development Impervious Area 1.385 AC Pervious Area 0.380 AC GRAPHIC SCALE rlyure ra Existing Drainage Newport Business Plaza asz uiu 1CF INTERNATIONAL I I I I 1 a W 0 N CL a U PLAN SPECIFIC NOTES I T STORM DRAp11NLET (KRISIAR FILTER RBEiS) PARKWAY CULVERT IFLOGARO LO PRO TRENCH ORAN WTH FILTER INSERT 4 RETAINING WALL, HEIGHT AS NOTED ON PLAN E< PROPOSED BIOSWALE, MIN SLOPE 0.5X B PROPOSED TRASH ENCLOSURE 7 PROPOSED TRANSFORMER iLOGARD DOWJSPOUT FILTER ASSEMBLY LEGEND: fir A wiNE GFORauaGEAREa 4 FT GRAMAGEACRGCE s FLOWLWE , rFTJJ� � ® o0 II I 60 29 FT ' ' 0 '7 JAM Corr 2 FT T1 I I q7� Sa I JAMBOREE ROAD 1CF INTERNATIONAL I I I I 1 a W 0 N CL a U PLAN SPECIFIC NOTES I T STORM DRAp11NLET (KRISIAR FILTER RBEiS) PARKWAY CULVERT IFLOGARO LO PRO TRENCH ORAN WTH FILTER INSERT 4 RETAINING WALL, HEIGHT AS NOTED ON PLAN E< PROPOSED BIOSWALE, MIN SLOPE 0.5X B PROPOSED TRASH ENCLOSURE 7 PROPOSED TRANSFORMER iLOGARD DOWJSPOUT FILTER ASSEMBLY rLyura a -a Proposed Project Drainage Newport Business Plaza LEGEND: t� � � � � OFAmAGE BOUVDARv L - XXX' RUNOFF VEL LENGTH A wiNE GFORauaGEAREa X.X AC_ GRAMAGEACRGCE FLOWLWE rLyura a -a Proposed Project Drainage Newport Business Plaza City of Newport Beach Chapter 3. Initial Study Environmental Checklist 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 that would result in flooding on site or off site? Less- than - Significant Impact. No streams or rivers are located on site, and therefore, construction and operation of the proposed project would not directly affect the flow of a river or stream. Substantial amounts of stormwater are not readily absorbed into the soil because of the urban character of the area and the existing use of the project site as a 1 -story office building and bank and a 113 -stall surface parking lot. During construction, runoff quantities and velocity from the project site would be minimized through the implementation of the SWPPP. Approximately 78.5% of the project site is currently impervious surfaces (e.g., parking lot, building). Approximately 26% of the project site would be landscaped, and approximately 74% of the site would be paved with implementation of the proposed project. This would reduce the existing impervious area by approximately 4.5 %. Therefore, the proposed project would alter the existing drainage pattern of the site, but would generally not substantially increase the impervious area. The existing site generates 3.18 cubic feet per second (cfs) of stormwater during a 10 -year storm event and 5.14 cfs during a 100 -year storm event (Appendix B). As discussed above in Section LX(a) Hydrology and Water Quality, the proposed project drainage would consist of five areas (Al to A5) to appropriately manage stormwater runoff from the proposed business plaza. See Figure 3 -4 for the drainage of the proposed project. Under the proposed project, the five drainage areas of the project site would generate a total of approximately 4.75 cfs 10 -year storm event and 7.65 cfs 100 -year storm event. While these volumes are an increase over the existing conditions, there are three proposed bioswales surrounding the project site as identified on Figure 3 -4. Each of these bioswales controls a portion of the generated stormwater runoff. Bioswale 1 (wrapping around the southwest and northwest corners of the site) would receive 2.71 cfs for a 10 -year storm event and 4.37 cfs for a 100 -year storm event. Bioswale 2 (southeast side of the project site) would receive 0.95 cfs for a 10 -year storm event and 1.53 cfs for a 100 -year storm event. Bioswale 3 (western comer of the project site) would receive 0.82 cfs for a 10 -year storm event and 1.32 cfs for a 100 -year storm event. As discussed above in Section IX(c), a filtration system and bioswale would capture and reduce stormwater quantities, velocity, and pollutants. The topography of the bioswales generally create "storage" as the bioswales can flood and hold water during the storm event. The substrate would also be coarse drain rock that has a lot of space below the surface to store more water. In addition to Swale topography, the substrate would be excavated and replaced with a highly permeable sandy soil to further improve infiltration rates and capacity while still supporting landscaping requirements. This would enhance treatment and storage capacity for the proposed project and is an improvement over the existing site conditions. These possible storage techniques would keep a portion or all of the stored water from entering the storm drain and may allow it to infiltrate. This would create an overall reduction in the proposed project runoff Therefore, during operation the proposed project would not substantially alter the drainage pattern of the project site resulting in a substantial increase in the rate or amount of surface runoff generating flooding on site or off site. Any changes in hydrology are designed to retain and infiltrate stormwater to provide water quality benefits and reduce urban storm flow runoff, providing partial flood relief to receiving waters. Impacts would be less than significant. e. Create or contribute runoff water that would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff. Newport Business Plaza 3 -43 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00912.09 City of Newport Beach Chapter 3. Initial Study Environmental Checklist Less - than - Significant Impact. Overall, urban street flooding rarely is considered a problem in the City of Newport Beach (City of Newport Beach 2003). As described above in Section IX(d), the urban character of the area and the existing use of the project site as a 1 -story office building and bank and a 113 -stall surface parking lot does not allow stormwater to be readily absorbed into the soil. Approximately 78.5% of the existing project site is impervious surfaces (e.g., parking lot, building). Approximately 26% of the project site would be landscaped, and approximately 74% of the site would be paved with implementation of the proposed project. This would reduce the existing impervious area by approximately 4.5 %. Therefore, the proposed project would alter the existing drainage pattern of the site, but would generally not substantially increase the impervious area or the amount of stormwater runoff generated. The proposed project would comply with the policies outlined in the General Plan to minimize runoff - related flooding impacts. These policies include NR 3.11, NR 3.20, and NR 4.4 and implementation would reduce the volume of runoff generated and potential for flooding. The Preliminary WQMP (Appendix B) for the proposed project discusses operational BMPs and design of drainage facilities to minimize adverse effects on water quality. ThiE plan would be reviewed and approved by the City prior to the issuance of grading and building permits. Furthernore, with the implementation of the SWPPP during construction, the proposed project would not provide substantial additional volumes or sources of polluted runoff. As described in Section IX(d) the increase in stonnwater runoff would not exceed the capacity of existing storm drain systems or generate polluted runoff. Therefore, impacts would be less than significant. f. Otherwise substantially degrade water quality? Less - than - Significant Impact. The proposed project would not substantially degrade water quality. As outlined under Section IX(a), (b), (c), (d) and (e), the proposed project would not substantially increase surface runoff, would use bioswales and filters to reduce pollutants and the velocity of stormwater, would comply with all General Plan policies minimizing flooding impacts, and would have less - than- significant impacts on water quality with the incorporation of the S WPPP and BMPs described in the Preliminary WQMP (Appendix B). Impacts would be less than significant. g. Place housing within a 100yearJlood hazard area, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? No Impact. The project site is not located in a flood zone area (City of Newport Beach 2006b). Furthermore, the proposed project does include the construction of housing. Therefore, the proposed project would not place housing within a 100 -year flood hazard area, and no impacts would occur. h. Place within a 100 year flood hazard area structures that would impede or redirect flood flows? No Impact. As discussed in Section IX(g), the proposed project is not located in a flood zone area (City of Newport Beach 2006b).Therefore, the proposed project would not impede or redirect 100 -year floodflow, and no impacts would occur. L 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. As discussed in Section IX(g), the proposed project is not located in a flood zone area (City of Newport Beach 2006b). No impacts would occur. Newport Business Plaza 3 -44 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00912.09 City of Newport Beach Chapter 3. Initial Study Environmental Checklist j. Inundation by seiche, tsunami, or mudjow? No Impact. Implementation of the proposed project would not increase exposure to inundation by seiche, tsunami, or mudflow. The project site is not located in a 100- or 500 -year zone for tsunami inundation at extreme high tide (City of Newport Beach 2006a). Furthermore, the project site is flat and there is not enough topographical relief to generate a mudflow. Finally, seiches are generally caused by earthquakes and result in the rhythmic movement of water within a lake or other enclosed or semi- enclosed body of water (U.S. Geological Survey 2009). Since no lakes or other bodies of water lie on or near the project site, no hazard from seiches would occur. No impacts would occur. Newport Business Plaza 3 -45 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00912.09 City of Newport Beach Chapter 3. Initial Study Environmental Checklist X. LAND USE AND PLANNING Potentially Significant Impact Less than Significant with Mitigation Incorporated Less -than- Significant Impact No Impact Would the project: a. Physically divide an established community? ❑ ❑ ® ❑ b. Conflict with any applicable land use plan, policy, ❑ ❑ ® ❑ or regulation of an agency with jurisdiction over the project (including, but not limited to, a general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? C. Conflict with any applicable habitat conservation ❑ ❑ ❑ plan or natural community conservation plan? Discussion Would the project: a. Physically divide an established community? Less - than - Significant Impact. The proposed project involves construction and operation of a business plaza. High- density residences are located approximately 500 feet to the east of the project site. However, the residences are located across a major intersection from the project site. The proposed project would replace two existing buildings and would not physically divide the residential community. Impacts would be less than significant. b. Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to, a general plan, specific plan, local coastal program, or Zoning ordinance) adapted for the purpose of avoiding or mitigating an environmental effect? Less - than - Significant Impact. The proposed project would be consistent with the land use designation and zoning of the site and the surrounding area, and would be consistent with all General Plan policies. The project site is designated as Mixed -Use Horizontal 2 (MU -H2) per the General Plan Land Use Element. The development limit for the project site is identified in Table LU2 of the General Plan Land Use Element as Anomaly Number 6. The development limit for the existing parcels (Anomaly Number 6) is 34,500 gross square feet as identified in Table LU2. The project site is identified as Professional and Business Office Site F in the Koll Center Newport Planned Community. The allowable building area for Site F is 24,300 net square feet as defined by the Koll Center Newport Planned Community text. The proposed project involves a General Plan amendment and a Koll Center Newport Planned Community text amendment to increase the allowable development square footage on the project site. The General Plan amendment would increase the maximum development limit for Anomaly Number 6 by 11,544 gross square feet, and the Koll Center Newport Planned Community text amendment would increase the allowable building area for Professional and Business Office Site F by 18,346 net square feet. The General Plan amendment and the Koll Center Newport Planned Community text Newport Business Plaza 3 -46 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00912.09 City of Newport Beach Chapter 3. Initial Study Environmental Checklist amendment would accommodate the development of the proposed business plaza that is consistent with the land use designation and zoning of the project site. The proposed project would be consistent with all General Plan policies. See Land Use Consistency Analysis (Appendix C) for additional details regarding land use consistency analysis with applicable General Plan policies. Impacts would be less than significant. c. Conflict with any applicable habitat conservation plan or natural community conservation plan? No Impact. The project site is located in an urbanized setting, and no locally designated species or natural communities are known to exist in the project area. The project site is not part of any habitat conservation plan or natural community preservation plan. See Section IV(f). No impacts would occur. Newport Business Plaza 3 -47 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00872.09 City of Newport Beach Chapter 3. Initial Study Environmental Checklist XI. MINERAL RESOURCES Potentially Significant Impact Less than Significant with Mitigation Incorporated Less -than- Significant Impact No Impact Would the project: a. Result in the loss of availability of a known ❑ ❑ ❑ mineral resource that would be of value to the region and the residents of the state? b. Result in the loss of availability of a locally ❑ ❑ ❑ important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? Discussion Would the project: a. Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? No Impact. According to the Natural Resources Element of the Newport Beach General Plan (City of Newport Beach 2006a), other than oil and gas resources, there is no active mining within the Newport Beach area. The Mineral Resource Zones (MRZ) in the City are classified as either containing no significant mineral deposits (MRZ -1), or the significance of mineral deposits has not been determined (MRZ -3). The project site is located in an area designated as MRZ -3 (California Department of Conservation 1994 and U.S. Geological Survey 2009). The project site is surrounded by land uses that are not compatible with pit mining (office buildings, residential and roads), which would preclude the site from being developed as a mine, even if there is an extractable mineral resource present. Therefore, no impacts associated with the loss of a mineral resource would occur. b. Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? No Impact. The site is not delineated in the City of Newport Beach General Plan as containing a locally important mineral resource (City of Newport Beach 2006a); therefore, no impacts would occur. Newport Business Plaza 3 -46 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00912.09 City of Newport Beach Chapter 3. Initial Study Environmental Checklist Less than Significant Potentially with Less -than- Significant Mitigation Significant No XII. NOISE Impact Incorporated Impact Impact Would the project result in: a. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b. Exposure of persons to or generation of excessive groundbome vibration or groundbome noise levels? C. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e. For a project located within an airport land use land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f. For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Discussion ❑ ® ❑ ❑ ❑ ❑ ® ❑ ❑ ❑ ❑ ❑ ® ❑ ❑ ❑ ❑ ® ❑ Prior to addressing the checklist questions, the discussion below provides an overview of the existing conditions and regulations relative to noise impacts. A detailed discussion of noise terminology is included in Appendix D. Existing Conditions Noise - sensitive receptors in the vicinity of the project site include high- density residences approximately 500 feet to the east of the project site at the intersection of Campus Drive and Jamboree Road. Other noise - sensitive land uses include the University of California Irvine Child Development Center located at 19262 Jamboree Road in the City of Irvine, approximately 1,400 feet south of the project site. Short-term attended sound level measurements were conducted on March 10, 2010, with a Larson Davis Type 812 sound level meter, which is classified as a Type 1 (precision grade) instrument. Noise was measured at three representative noise - sensitive locations near the project area. Figure 3 -5, Noise Measurement Locations, identifies the measurement locations. During the field measurements, physical observations of the predominant noise sources were noted. The noise sources in the project area typically included traffic Newport Business Plaza 3 -49 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00912.09 City of Newport Beach Chapter 3. Initial Study Environmental Checklist along Jamboree Road and Campus Drive, HVAC units, aircraft departing out of John Wayne Airport, and ambient noise sources such as birds and rustling leaves. The results of the attended short-term sound level measurements are summarized in Table 3 -7. As shown in Table 3 -7, measured noise levels during daytime hours in and around the project site ranged from 60 to 63A- weighted decibels (dBA) equivalent continuous noise level (Ley). Table 3 -7. Short -Term Sound Level Measurement Data Measurement Site ID Location Measurement Period Start Duration Date Time (mm:ss) Noise Sources Noise Measurement Results (dBA) Ley' L... L,a;,, Leo Lso Lm ST -1 3000 Jamboree 3 -10 -10 9:40 15:00 Traffic along 60.4 67.7 54.8 56.3 59.7 63.1 Road; Plaza Campus Condos Avenue and Jamboree Road, Aircraft out of John Wayne Airport, leaves rustling ST -2 4311 Jamboree 3 -10 -10 10:28 15:00 Traffic along 60.2 71.5 56.2 57.4 58.7 61.8 Road; Jazz Campus Semiconductor Avenue and Jamboree Road, Aircraft out of John Wayne Airport, HVAC towers ST -3 19262 3 -10 -10 10:53 15:00 Traffic along 63.4 72.8 54.7 57.3 62.1 66.4 Jamboree Campus Road; Avenue and Jamboree Child Jamboree Road, Development Aircraft out of Center John Wayne Airport, Birds I The 15- minute duration, energy - averaged noise level Ley is commonly accepted as being representative of a 1 -hour average. It is used as the basis for community noise equivalent (CNEL) calculations. Regulatory Background: Noise Standards and Thresholds of Significance The proposed project is subject to the policies and standards in the Noise Element of the Newport Beach General Plan and the Noise Ordinance incorporated therein. The Noise Element establishes standards for exterior sound levels based on land use categories. The City also has established policies and regulations concerning the generation and control of noise that could adversely affect its citizens and noise- sensitive land uses. The noise element states that an outdoor noise exposure level of 65 dBA community noise equivalent level (CNEL) is considered "normally Newport Business Plaza July 2010 3 -50 Initial Study /Mitigated Negative Declaration iCF Jas 00872.09 'CF Figure 3 -5 Noise Measurement Locations INTERNATIONAL Newport Business Plaza City of Newport Beach Chapter 3. Initial Study Environmental Checklist compatible "3 for single - family and multi - family residential development. The General Plan Noise Element also sets interior and exterior thresholds of 45 and 55 dBA LeQ between the hours of 7:00 a.m. and 10:00 p.m., and 40 and 50 dBA Leq between the hours of 10:00 p.m. and 7:00 a.m., respectively, for single- family and multi- family residential units (City of Newport Beach 2006a) .4 The noise element also states that an outdoor noise exposure level of 60 to 65 dBA CNEL is considered "clearly compatible "3 for commercial development, such as retail, banks, restaurants, and movie theaters (see Table N2 in Appendix D). The General Plan Noise Element also sets exterior thresholds of 65 and 60 dBA Leq between the hours of 7:00 a.m. and 10:00 p.m., and 10:00 p.m. and 7:00 a.m., respectively, for commercial (Zone II) land uses (City of Newport Beach 2006a). Title 10 Chapter 10.26 Section 10.26.025 of the Municipal Code specifies exterior noise standards for single - family and multi - family residential units from 7:00 a.m. to 10:00 p.m, at 55 dBA Leq and from 10:00 p.m. to 7:00 a.m. at 50 dBA Leq. It also specifies exterior noise standards of 65 dBA Leq from 7:00 a.m. to 10:00 p.m. and 60 dBA Leq from 10:00 p.m. to 7:00 a.m, for commercial land uses. Construction noise is exempt from the above noise standard, pursuant to Title 10 Chapter 10.26 Section 10.26.035 of the Municipal Code. Title 10, Chapter 10.28, Section 10.28.040 of the Municipal Code specifies permitted hours for construction activities. Construction or other noise - generating activity that would disturb a person of normal sensitivity who works or resides in the vicinity may occur only between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday, and 8:00 a.m. to 6 p.m. on Saturdays. No construction that would disturb a person of normal sensitivity may occur on Sundays or federal holidays.5 Would the project result in: a Exposure ofpersons 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 Incorporated. Although sensitive receptors in the area would be exposed to temporary increases in noise from construction activities, City noise standards would not be exceeded. The construction and operational noise impacts are discussed below. Construction Noise Construction of the proposed project is anticipated to begin in winter 2011 and to last for approximately 14 months. 'Normally compatible and clearly compatible are defined in the land use noise compatibility matrix in the City's General Plan and is included as Appendix C to this document. The high density residential uses northwest of the project site are located in the City of Irvine. The City of Irvine has generally the same interior and exterior sound levels as the City of Newport Beach. Table F -1 and Table F -2 of the City of Irvine General Plan Noise Element identifies the interior and exterior noise standards for single - family and multiple family residential land uses as being 45 and 55 CNEL (with closed windows and with open windows) and 65 CNEL respectively (City of Irvine 2000). Noise levels between 60 and 65 CNEL are considered clearly compatible and normally compatible, respectively (City of Irvine 2000). s The City of Irvine Noise Ordinance also regulates the timing of construction activities and includes special provisions for sensitive land uses. Construction activities may occur only between the hours of 7:00 a.m. and 7:00 p.m. Monday through Friday and 9:00 a.m. to 6:00 p.m. Saturday. Outside of these hours, construction work is permitted inside the structures as long as the noise does not result in a nuisance in the project vicinity. Newport Business Plaza July 2010 3 -51 Initial Study /Mitigated Negative Declaration icF Jas 00872.09 City of Newport Beach Chapter 3. Initial Study Environmental Checklist Noise from construction activity is generated by the use of a broad array of powered mechanical equipment. In order to assess the potential noise effects of construction, this noise analysis used a list of construction equipment provided for the proposed project to assess noise levels during construction phases. Noise levels associated with various construction phases were calculated using the Federal Highway Administration's Roadway Construction Noise Model and were based on the type of construction equipment used during each phase, percent of time that the equipment was in use, and distance from source to receiver. Results from the calculations are shown in Table 3 -8. This information indicates that the overall noisiest phase of construction would be the construction phase. The noise levels at the closest sensitive receptor (ST -1) are expected to be approximately 69 dBA Ley. Measured existing ambient noise levels at ST -1 were approximately 60 dBA Leq. Noise levels from construction would be readily audible at the closest sensitive land use. Table 3 -8. Typical Noise Levels from Construction Activities Predicted Sound Level at Predicted Sound Level at Construction Activity ST -1 (dBA Leq)a ST -3 (dBA Leq)a Demolition 60 51 Grading 65 55 Construction 69 59 Paving 67 58 Finishing 68 59 Source: Federal Highway Administration 2006 e Sound level with all pertinent equipment operating. ST -3 would likely not experience significant noise increases (less than 3 dBA) because construction noise levels are below the ambient measured noise levels. The City's Municipal Code exempts construction from the noise restrictions discussed above as long as it occurs between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday; and between 8:00 a.m. and 6 p.m. on Saturdays and does not occur at any time on federal holidays or on Sundays. In addition to the City's construction restrictions, the following tnitigation measures would reduce construction noise to a less -than- significant impact. Mitigation Measures: Mitigation Measure N -1: All noise - producing project equipment and vehicles using internal combustion engines shall be equipped with mufflers, air -inlet silencers where appropriate, and any other shrouds, shields, or other noise - reducing features in good operating condition that meet or exceed original factory specification. Mobile or fixed "package" equipment (e.g., arc welders, air compressors) shall be equipped with shrouds and noise control features that are readily available for that type of equipment. Mitigation Measure N -2: All mobile and fixed noise - producing equipment used on the proposed project that is regulated for noise output by a local, state, or federal agency shall comply with such regulation while in the course of project activity. Newport Business Plaza 3 -52 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00912.09 City of Newport Beach Chapter 3. Initial Study Environmental Checklist Mitigation Measure N -3: Electrically powered equipment shall be used instead of pneumatic or internal combustion - powered equipment, where feasible. Mitigation Measure N4: Mobile noise - generating equipment and machinery shall be shut off when not in use. Mitigation Measure N -5: Material stockpiles and mobile equipment staging, parking, and maintenance areas shall be located as far as practical from noise - sensitive receptors. Mitigation Measure N -6: Construction site and access road speed limits shall be established and enforced during the construction period. Mitigation Measure N -7: The use of noise - producing signals, including horns, whistles, alarms, and bells, shall be for safety warning purposes only. Mitigation Measure N -8: No project - related public address or music system shall be audible at any adjacent receptor. Mitigation Measure N -9: The on -site construction supervisor shall have the responsibility and authority to receive and resolve noise complaints. A clear appeal process to the project proponent shall be established prior to construction commencement that shall allow for resolution of noise problems that cannot be immediately solved by the site supervisor. Operational Noise The proposed project would generate some operational noise through HVAC units; however, these units would be placed on the roof of the buildings and enclosed appropriately to minimize noise. Office and commercial uses immediately surround the project site and these uses are not considered sensitive noise receptors. Furthermore, the high density residential uses located to the northeast of the project site would experience noise from the traffic generated at the intersection of Jamboree Road and Campus Drive, which would drown out any noise generated by the HVAC units. Therefore, any slight increase in operational noise associated with the HVAC units would not represent a significant impact. The proposed project would generate vehicle trips on the surrounding roadways. Based on generation rates for specific land use types provided by the City, the proposed business plaza would generate as many as 1,056 total trips per day. Based on traffic information provided by the City, the existing land use produces 1,630 total daily trips. Therefore, the proposed project would result in a net decrease of 574 total daily trips (see Section XVI Transportation and Traffic for additional details regarding existing and proposed trip generation). Because noise levels associated with operational traffic would decrease with the proposed project, operational noise impacts would be less than significant. b. Exposure ofpersons to or generation of excessive groundborne vibration orgroundborne noise levels? Less - than - Significant Impact. Construction activities associated with grading and excavation may result in minor levels of ground vibration. Construction of the project would not involve special construction methods such as pile driving or blasting. Vibration from conventional construction activity is typically below a level of human perception and well under levels that would cause damage to existing buildings when the activity is more than approximately 50 feet from the receiver. For this proposed project, construction activities would take place at distances greater than 50 feet from Newport Business Plaza 3 -53 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00912.09 City of Newport Beach Chapter 3. Initial Study Environmental Checklist sensitive receptors. Based on data from the Federal Transit Administration (FTA), small bulldozers (which are representative of the size of construction equipment that would be on site) produce vibration levels of 0.003 inch per second (IPS) peak particle velocity (PPV) at a distance of 25 feet. This level is well below widely accepted levels of perception thresholds (for example, Caltrans has identified a PPV of between 0.0059 and 0.019 IPS PPV as the threshold of human perception.) The FTA maintains a 0.12IPS PPV threshold for potential damage to "extremely fragile historic buildings" (U.S. Department of Transportation 2006). Additionally, vibration from these activities would be short-term and would end when construction is completed. Therefore, impacts would be less than significant. c. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? No Impact. The proposed project would generate some operational noise through HVAC units; however, these units would be placed on the roof of the buildings and enclosed appropriately to minimize noise. Office and commercial uses immediately surround the project site and these uses are not considered sensitive noise receptors. Furthermore, the high density residential uses located to the northeast of the project site would experience noise from the traffic generated at the intersection of Jamboree Road and Campus Drive, which would drown out any noise generated by the HVAC units. Therefore, any slight increase in operational noise associated with the HVAC units would not represent a significant impact. However, noise associated with the operation of the proposed project would be generated primarily by traffic. The proposed project would result in a net decrease in traffic volumes of approximately 574 daily trips. Therefore, noise from traffic associated with the proposed project would not result in an impact. d. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Less-than-Significant Impact with Mitigation Incorporated. As stated above, the construction of the proposed project would result in a temporary increase in noise levels. These levels would be readily audible at the closest sensitive receptors; however, the City exempts construction provided that it occurs only between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday, and 8:00 a.m. and 6:00 p.m. on Saturdays and at no time on federal holidays or Sundays. Mitigation measures are included in Section XII(a) above. These measures would reduce construction noise levels. Therefore, impacts from construction would be less than significant with mitigation incorporated. e. For a project located within an airport land use land use plan or, where such a plan has not been adopted, within 2 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 project site is located approximately 0.5 mile from John Wayne Airport. Figure N2 of the City of Newport Beach General Plan shows the existing 65 dBA CNEL noise contour for John Wayne Airport. Figure N2 shows that the proposed project site is located approximately 0.25 — 0.5 mile outside the 65 dBA CNEL noise contour for John Wayne airport (City of Newport Beach 2006a). Therefore, noise impacts related to air traffic would be less than significant. f. For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Newport Business Plaza 3 -54 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00912.09 City of Newport Beach Chapter 3. Initial Study Environmental Checklist No Impact. The project site is not located within the vicinity of an airstrip, private or public. No impacts would occur. Newport Business Plaza 3 -55 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00912.09 City of Newport Beach Chapter 3. Initial Study Environmental Checklist XIII. POPULATION AND HOUSING Potentially Significant Impact Less than Significant with Mitigation Incorporated Less -than- Significant Impact No Impact Would the project: a. Induce substantial population growth in an area, ❑ ❑ ® ❑ either directly (e.g., by proposing new homes and businesses) or indirectly (e.g., through extension of roads or other infrastructure)? b. Displace substantial numbers of existing housing, ❑ ❑ ❑ necessitating the construction of replacement housing elsewhere? C. Displace substantial numbers of people, ❑ ❑ ❑ necessitating the construction of replacement housing elsewhere? Discussion Would the project: a. Induce substantial population growth in an area, either directly (e.g., by proposing new homes and businesses) or indirectly (e.g., through extension of roads or other infrastructure? Less- than - Significant Impact. The proposed amendments to the City of Newport Beach General Plan and Koll Center Newport Planned Community text would allow for the construction and operation of a new business plaza consisting of a 1 -story bank, two 3 -story office buildings, and a 2- level parking structure. Construction of the proposed project would provide short-term employment opportunities. The number of short-term construction jobs required to build the proposed project would include a total of approximately 47 construction workers. The supply of general construction labor in the local and regional vicinity of the project site is not constrained; further, the construction industry is in an economic downturn, suggesting an available labor pool. Therefore, it is expected that local and regional construction workers would be available to serve the proposed project (Employment Development Department 2010a). Because the existing labor pool could meet the construction needs of the proposed project, the proposed project would not be expected to induce substantial population growth or development through increased construction employment. The proposed project would also provide long -term employment opportunities. The average number of employees for an office plaza of this size would be approximately 148 persons or an increase of approximately 83 employees over the existing number of employees currently on site (approximately 65). The employment would include banking and professional business services. The county has a labor force of approximately 1,581,600 with approximately 160,000 people unemployed (Employment Development Department 2010b). The January 2010 unemployment rate for Orange County was 10.1 %, up from a revised 9.5% in December 2009, and it is still above the Apri l 2009 estimate of 7.5 %. Professional and business services posted an overall loss of 3,000 jobs, with scattered gains and losses throughout the industry (Employment Development Department 2010a). This suggests an available local and regional labor pool to serve the long -term employment opportunities. Furthermore, the proposed project has the potential to stimulate the economy by Newport Business Plaza 3 -56 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00912.09 City of Newport Beach Chapter 3. Initial Study Environmental Checklist providing jobs in the region. Because of the general availability of local and regional labor resources and the current unemployment rates, there would be an opportunity to hire local employees to fill the proposed project's employment needs. It is unlikely that a substantial number of employees would need to be relocated from outside the region. Therefore, operation of the proposed project would not induce substantial population growth. Population and housing impacts would be less than significant. b. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? No Impact. The proposed project would amend and increase the allowable development square footage on the project site, which would allow for the construction and operation of a business plaza consisting of a 1 -story bank, two 3 -story office buildings, and a 2 -level parking structure. The project site is currently occupied by two connected office buildings and a 113 -stall surface parking lot; there is no housing located on the project site. Therefore, the proposed project would not displace any housing and would not necessitate the construction of replacement housing elsewhere. No impacts would occur. c. Displace substantial numbers ofpeople, necessitating the construction of replacement housing elsewhere? No Impact. As discussed in (b) above, the project site is currently developed with two connected office buildings and a 113 -stall surface parking lot and no people currently live on the project site. Therefore, the proposed project would not displace any housing or people, and no impacts would occur. Newport Business Plaza 3 -57 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00872.09 City of Newport Beach Chapter 3. Initial Study Environmental Checklist XIV. PUBLIC SERVICES Potentially Significant Impact Less than Significant with Mitigation Incorporated Less -than- Significant Impact No Impact Would the project: a. Result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, need for new or physically altered government 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: 1. Fire protection? ❑ ❑ ® ❑ 2. Police protection? ❑ ❑ ® ❑ 3. Schools? ❑ ❑ ® ❑ 4. Parks? ❑ ❑ ❑ 5. Other public facilities? ❑ ❑ ® ❑ Discussion Would the project result in substantial adverse physical impacts associated with: al. Fireprotection? Less - than - Significant Impact. Implementation of the proposed project could potentially contribute additional demand for fire protection and emergency medical services, including possible additional wear on fire equipment and increased use of medical supplies. However, the additional 83 employees resulting from the proposed project are expected to come from the local population, and are not likely to result in many more additional demands on fire and emergency services. The project site is located in the City of Newport Beach Fire Department service area. There are eight fire stations strategically located throughout the City so that a fire unit can respond to residents and businesses in less than five minutes. The City of Newport Beach Fire Department is considered an all -risk fire department and provides services for all types of emergencies (City of Newport Beach 2009b). The project site is served by the nearest fire station, Santa Ana Heights Fire Station 7, which is located at 20401 Southwest Acacia Street at the intersection of Southwest Acacia Street and Mesa Drive, approximately 1.9 miles southwest of the project site. The proposed project would include all necessary fire protection devices, including fire sprinklers, and comply with all building and fire codes adopted by the City. Emergency vehicle access for the proposed project would be provided to the project site from Campus Drive. A separate lane would be built for fire truck access parallel to Campus Drive. A control gate arm would be placed across the entrance of the emergency lane so that non - emergency vehicles would not use the lane. This emergency access has been reviewed and approved by the City of Newport Beach Fire Department (Brown pers. comm.). The project would be reviewed for compliance with all Building and Fire Codes adopted by the City, as well as applicable Newport Business Plaza 3 -58 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00912.09 City of Newport Beach Chapter 3. Initial Study Environmental Checklist water pressure and fire equipment regulations prior to issuance of grading and building permits.. The proposed project would be within the current capacity of the Newport Beach Fire Department and would not create the need for any new facilities or personnel (Bunting pers. comtn.). Impacts would be less than significant. a2. Police protection? Less - than - Significant Impact. The Newport Beach Police Department would provide police protection services for the proposed project. The Police Department is located at 870 Santa Barbara Drive, at the intersection of Jamboree Road and Santa Barbara, approximately 3.5 miles from the project site. The project site is located in Newport Beach Police Department Area 2 (Newport Beach Police Department 2010). As discussed above in Section XIB(al), although the proposed project would increase the population at the project site by approximately 83 employees, these employees are expected to come from the local population and would not place a significant added burden on the Newport Beach Police Department. Additionally, the department is currently patrolling the project site and surrounding areas. The proposed project would not require new or additional police facilities. Impacts would be less than significant. a3. Schools? Less- than - Significant Impact. School services in the City are provided by the Newport-Mesa Unified School District. The demand for new schools is generally associated with population increases or impacts on existing schools. The proposed project would increase the number of employees at the project site by approximately 83 employees; however, these employees are expected to come from the local population and would not require any persons to be relocated from out the region as described in Section XIII(a) Population and Housing. Therefore, the proposed project is not expected to substantially increase the number of school -age children in the City and no additional school facilities would be required. Impacts would be less than significant. a4. Parks? No Impact. The proposed project would involve the demolition of two connected office buildings, a 113 -stall surface parking lot, and landscaping to allow for the construction and operation of a business plaza consisting of a 1 -story bank, two 3 -story office buildings, and a 2 -level parking structure. The demand for parks is generally associated with the increase of housing or population in an area. As discussed above in Secfion XII(a), the proposed project is not expected to induce substantial population growth. Furthermore, according to Figure Rl of the City of Newport Beach General Plan, there are no existing recreational facilities in the project vicinity (City of Newport Beach 2006a). Therefore, the proposed project would not increase the use of existing neighborhood and regional parks or other recreational facilities resulting in the need for additional facilities. See Section XV(a) and (b) Recreation for additional discussion on parks and recreation. No impacts would occur. a5. Other public facilities? Less - Than - Significant Impact. The proposed project would increase the number of employees at the project site by approximately 83 employees; however, these employees are expected to come from the local population and would not require any persons to be relocated from out the region as discussed above in Section XII(a). Therefore, the proposed project is not expected to substantially increase the use of other public facilities requiring the need for new or altered service facilities. Therefore, the proposed project would not result in substantial adverse impacts on other public Newport Business Plaza 3 -59 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00912.09 City of Newport Beach Chapter 3. Initial Study Environmental Checklist facilities or require new facilities to maintain acceptable performance standards. Impacts would be less than significant. Newport Business Plaza 3 -60 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00912.09 City of Newport Beach Chapter 3. Initial Study Environmental Checklist XV. RECREATION Potentially Significant Impact Less than Significant with Mitigation Incorporated Less -than- Significant Impact No Impact a. Would the project increase the use of existing ❑ ❑ ❑ neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b. Does the project include recreational facilities or ❑ ❑ ❑ require the construction of or expansion of recreational facilities that might have an adverse physical effect on the environment? Discussion 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 proposed project would not affect neighborhood or regional parks or other recreational facilities. An increase in the use of parks is generally associated with an increase of housing or population in an area. As discussed in Section X111(a) Population and Housing, the proposed project is not expected to substantially induce population growth. The proposed project would provide approximately 47 short -term construction jobs and an average of 148 long -term professional jobs (or an increase of approximately 83 long -term professional jobs). The employment opportunities are expected to be fulfilled by the local population and it is unlikely that a substantial number of employees would need to be relocated from outside the region. Furthermore, according to Figure RI of the City of Newport Beach General Plan, there are no existing recreational facilities in the project vicinity (City of Newport Beach 2006a). Therefore, the proposed project would not increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facilities would occur. No impacts would occur. b. Does the project include recreational facilities or require the construction of or expansion of recreational facilities that might have an adverse physical effect on the environment? No Impact. As discussed in Section XIII(a) Population and Housing, the proposed project is not expected to substantially induce population growth. The proposed project would not include recreational facilities or require the construction of or expansion of recreation facilities that might have an adverse physical effect on the environment. No impacts would occur. Newport Business Plaza 3 -61 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00912.09 City of Newport Beach Chapter 3. Initial Study Environmental Checklist XVI. TRANSPORTATION and TRAFFIC Potentially Significant Impact Less than Significant with Mitigation Incorporated Less -than- Significant No Impact Impact Would the project: program, including, but not limited to level of a. Conflict with an applicable plan, ordinance or ❑ ❑ ® ❑ policy establishing measures of effectiveness for other standards established by the county the performance of the circulation system, taking into account all modes of transportation including mass transit and non - motorized travel and relevant roads or highways? components of the circulation system, including but C. Result in a change in air traffic patterns, including ❑ not limited to intersections, streets, highways and ❑ ❑ either an increase in traffic levels or a change in freeways, pedestrian and bicycle paths, and mass transit? b. Conflict with an applicable congestion management ❑ ❑ E ❑ program, including, but not limited to level of service standard and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? C. Result in a change in air traffic patterns, including ❑ ® ❑ ❑ either an increase in traffic levels or a change in location that results in substantial safety risks? d. Substantially increase hazards because of a design ❑ ❑ ® ❑ feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e. Result in inadequate emergency access? ❑ ❑ ® ❑ f. Conflict with adopted policies, plans, or programs ❑ ❑ ❑ regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? Discussion Would the project: a. Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non - motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? Less - than - Significant Impact. The Traffic Phasing Ordinance (TPO) identifies City requirements for the preparation of traffic studies. Per the TPO, any project that generates fewer than 300 average Newport Business Plaza 3 -62 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00912.09 City of Newport Beach Chapter 3. Initial Study Environmental Checklist daily trips (ADTs) does not require a traffic study. Therefore, the City of Newport Beach Public Works Department has determined that a traffic study for the proposed project is not required because the project would generate fewer than 300 ADTs. The project site is located at the intersection of Jamboree Road and Campus Drive in the Koll Center Newport Planned Community. Table 3 -9 below identifies the roads in the vicinity of the project site. Table 3 -9. Roads in the Vicinity of the Project Site Level of Service (LOS) is commonly used as a qualitative description of intersection operation. It is based on the capacity of the intersection and the volume of traffic using the intersection. A range of LOS is used to describe traffic conditions. LOS A indicates free - flowing conditions, whereas LOS F indicates severely congested conditions, based on the V/C shown in Table 3 -10 below. Newport Business Plaza 3 -63 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00912.09 Speed Limit Range Road Name Number of Lanes (miles per hour) Description Von Karmen Ave Four -lane divided 40 Trending in an east -west direction with a painted median and on- street parking prohibited Jamboree Road north Six -lane divided 50 Trending in a north -south direction with a of East Coast raised landscaped median and on- street Highway (SR -1) parking prohibited MacArthur Six -lane divided 50 Trends in a north -south direction and on- Boulevard North of roadway with a street parking is prohibited on MacArthur the SR -73 Ramps raised landscaped Boulevard median MacArthur Eight -lane divided Boulevard between roadway with a Bonita Canyon Drive raised landscaped and the SR -73 Ramps median Birch Street Four -lane divided 40 Trending in an east -west direction with a painted median and on- street parking prohibited Campus Drive east of Four -lane divided 45-50 Trending in an east -west direction with a MacArthur painted median and on- street parking Boulevard prohibited east of MacArthur Boulevard Campus Drive west Six -land divided Raised median on- street parking of MacArthur prohibited west of MacArthur Boulevard Boulevard Level of Service (LOS) is commonly used as a qualitative description of intersection operation. It is based on the capacity of the intersection and the volume of traffic using the intersection. A range of LOS is used to describe traffic conditions. LOS A indicates free - flowing conditions, whereas LOS F indicates severely congested conditions, based on the V/C shown in Table 3 -10 below. Newport Business Plaza 3 -63 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00912.09 City of Newport Beach Chapter 3. Initial Study Environmental Checklist Table 3 -10. Volume -to- Capacity Ratio and Level of Service Ranges Signalized Intersections V/C Ratio LOS Description < 0.60 A LOS A describes operations with low control delay, up to 10 seconds per vehicle. This LOS occurs when progression is extremely favorable and most vehicles arrive during the green phase. Many vehicles do not stop at all. Short cycle lengths may tend to contribute to low delay values. 0.61 to < 0.70 B LOS B describes operations with control delay greater than 10 and up to 20 seconds per vehicle. This level generally occurs with good progression, short cycle lengths, or both. More vehicles stop than the LOS A, causing higher levels of delay. 0.71 to < 0.80 C LOS C describes operations with control delay greater than 20 and up to 35 seconds per vehicle. These higher delays may result from only fair progression, longer cycle lengths, or both. Individual cycle failures may begin to appear at this level. Cycle failure occurs when a given green phase does not serve queued vehicles, and overflows occur. The number of vehicles stopping is significant at this level, though many still pass through the intersection without stopping. 0.81 to < 0.90 D LOS D describes operations with control delay greater than 35 and up to 55 seconds per vehicle. At LOS D, the influence of congestion becomes more noticeable. Longer delays may result from some combination of unfavorable progression, long cycle lengths, and high V/C ratios. Many vehicles stop, and the proportion of vehicles not stopping declines. Individual cycle failures are noticeable. 0.91 to < 1.0 E LOS E describes operations with control delay greater than 55 and up to 80 seconds per vehicle. These high delay values generally indicate poor progression, long cycle lengths, and high V/C ratios. Individual cycle failures are frequent. > 1.0 F LOS F describes operations with control delay in excess of 80 seconds per vehicle. This level, considered unacceptable to most drivers, often occurs with oversaturation; that is, when arrival flow rates exceed the capacity of lane groups. It may also occur at high V/C ratios with many individual cycle failures. Poor progression and long cycle lengths may also contribute significantly to high delay levels. Both the City of Newport Beach and the City of Irvine have specific performance criteria associated with intersections along the City limits and within the John Wayne Airport and Irvine Business Complex areas (LSA 2009). The City of Newport Beach target for peak hour intersection operation as stated in the Circulation Element of the General Plan is LOS D or better except at the following locations where LOS E is considered acceptable: intersections in the John Wayne Airport Area shared with the City of Irvine (City of Newport Beach 2006a, LSA 2009). The City of Irvine's target for peak hour intersection operation is LOS D or better except in the following areas where LOS E is considered acceptable: intersections in the John Wayne Airport Area shared with the City of Newport Beach, and the Irvine Business Complex Area (LSA 2009). During construction, the maximum daily trips would depend on the number of truck trips received in a day and the number of employees at the construction site. A maximum of 20 construction workers would be driving to and from the project site during construction at any one time. Table 3 -11 below provides the estimated daily roundtrip truck trips and number of construction employees associated with the construction. Newport Business Plaza July 2010 3 -64 Initial Study /Mitigated Negative Declaration icF Jas 00872.09 City of Newport Beach Chapter 3. Initial Study Environmental Checklist Table 3 -11. Estimated Truck Trips and Construction Employees It is assumed construction employees and trucks would use Jamboree Road, MacArthur Boulevard, and Campus Drive Avenue to access the project site during construction. Furthermore, it is conservatively assumed that the estimated daily construction trips would occur during the AM and PM peak travel periods, and have been evenly split between the two peak hours. For example, during demolition it is estimated there would be seven AM trips and seven PM trips for a total of 14 trips per day (the total trips per day identified above in Table 3 -11 during demolition). Typically, truck trips associated with the deliveries of materials and goods would not occur during peak hour traffic times, but rather off peak times throughout the day. It is also conservatively assumed the AM and PM trips generated by construction would occur on every single road segment. These assumptions provide a conservative analysis of the estimated increase in trips associated with construction of the proposed project. The estimated 37 AM peak hour trips that would be generated by construction would increase traffic levels over existing conditions between 0.19°/% and 1.80°/x. The estimated 37 PM peak hour trips that would be generated by construction would increase traffic levels over existing conditions between 0.17% and 1.56% (see Appendix E for a table of each roadway segment and the percent increase in traffic associated with the construction of the proposed project). The trips generated by construction would be temporary and would cease to exist once construction is completed. As discussed below, most of the conditions at the existing intersections described above within the vicinity of the proposed project are operating at acceptable levels of LOS. Therefore, trips associated with the construction of the proposed project would be less than significant. The employees at the existing office and bank buildings would be relocated to a different office during demolition of the existing buildings and construction of the proposed project. It is unknown where this office would be located, but it would be an existing office building in the South Coast Metro area or the Irvine area. Therefore, trips associated with the office building would have been previously analyzed and approved prior to construction and operation. Furthermore, the redistribution of the trips from the project site to the office building would be temporary and would only occur for a period of approximately 14 months during construction of the proposed project. Therefore, traffic impacts associated with the relocation of the existing employees would be less than significant. The Institute of Transportation Engineers Trip Generation, 8th Edition assigns AM, PM, and daily peak hour trips to various land uses based on the square footage of the land use. For office building and bank land uses, of the trip rates are 1.55 and 12.35 AM peak hour trips, respectively, and 1.49 and Newport Business Plaza 3 -65 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00912.09 Construction Roundtrip Roundtrip Total Construction Construction Worker Truck Trips Per Truck Trips Construction Duration Workers Per Roundtrips Construction Trips Per Per Activity (Days)' Day Per Day Duration Day Day Demolition 10 6 12 15 2 14 Grading 30 6 12 200 7 19 Construction, 306 20 40 50 1 41 asphalting, and architectural finishing° ' Construction duration assumes a six -day construction work week. Numbers in the table are approximate and rounded to the nearest whole number. It is assumed construction employees and trucks would use Jamboree Road, MacArthur Boulevard, and Campus Drive Avenue to access the project site during construction. Furthermore, it is conservatively assumed that the estimated daily construction trips would occur during the AM and PM peak travel periods, and have been evenly split between the two peak hours. For example, during demolition it is estimated there would be seven AM trips and seven PM trips for a total of 14 trips per day (the total trips per day identified above in Table 3 -11 during demolition). Typically, truck trips associated with the deliveries of materials and goods would not occur during peak hour traffic times, but rather off peak times throughout the day. It is also conservatively assumed the AM and PM trips generated by construction would occur on every single road segment. These assumptions provide a conservative analysis of the estimated increase in trips associated with construction of the proposed project. The estimated 37 AM peak hour trips that would be generated by construction would increase traffic levels over existing conditions between 0.19°/% and 1.80°/x. The estimated 37 PM peak hour trips that would be generated by construction would increase traffic levels over existing conditions between 0.17% and 1.56% (see Appendix E for a table of each roadway segment and the percent increase in traffic associated with the construction of the proposed project). The trips generated by construction would be temporary and would cease to exist once construction is completed. As discussed below, most of the conditions at the existing intersections described above within the vicinity of the proposed project are operating at acceptable levels of LOS. Therefore, trips associated with the construction of the proposed project would be less than significant. The employees at the existing office and bank buildings would be relocated to a different office during demolition of the existing buildings and construction of the proposed project. It is unknown where this office would be located, but it would be an existing office building in the South Coast Metro area or the Irvine area. Therefore, trips associated with the office building would have been previously analyzed and approved prior to construction and operation. Furthermore, the redistribution of the trips from the project site to the office building would be temporary and would only occur for a period of approximately 14 months during construction of the proposed project. Therefore, traffic impacts associated with the relocation of the existing employees would be less than significant. The Institute of Transportation Engineers Trip Generation, 8th Edition assigns AM, PM, and daily peak hour trips to various land uses based on the square footage of the land use. For office building and bank land uses, of the trip rates are 1.55 and 12.35 AM peak hour trips, respectively, and 1.49 and Newport Business Plaza 3 -65 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00912.09 City of Newport Beach Chapter 3. Initial Study Environmental Checklist 25.82 PM peak hour trips, respectively. This results in a daily rate of 11.01 and 148.15 trips, respectively. Table 3 -12 below identifies the trip generation rates for an office land use and bank land use. Table 3 -12. Trip Generation Rates AM Peak Hour PM Peak Hour Daily Land Use Rate Type Size Unit In Out Total In Out Total Total Office ITE -8th TSF 1.36 0.19 1.55 1.31 0.18 1.49 11.01 Bank ITE -8th TSF 6.92 5.43 12.35 12.91 12.91 25.82 148.15 Source: City of Newport Beach 2009b The existing land use has an office building that is approximately 10,800 square feet and a bank that is approximately 10,200 square feet. The traffic analysis of the existing conditions for traffic is based on the fully staffed and operating bank as of August /September 2008. The application for the proposed project was submitted within a year of this fully staffed use. Per Chapter 15.40 of the Newport Beach Municipal Code, the TPO, Appendix A, Item H allows for the provision of credits for trip generation of existing uses on site. Therefore, for the proposed project and trip generation and traffic comparisons, the City of Newport Beach allows the August/September 2008 land uses to be used as the existing baseline Therefore, the existing office building generates a baseline daily total of 119 trips and the bank generates a daily total of 1,511 trips, for a total of 1,630 trips. Table 3 -13 identifies the existing uses, proposed project, and change in trip generation for the project site. Table 3 -13. Existing and Proposed Trip Generation AM Peal: Ilour PM Peak Hour Daily Land Use Size Unit In Out Total In Out Total Total ExtSTrnc USES Office 10.8 TSF 15 2 17 14 2 16 119 Bank 10.2 TSF 71 55 126 132 132 263 1,511 Total 143 279 1,630 PROPOSED PROJECT Office 42.04 TSF 57 8 65 55 8 63 463 Bank 4.003 TSF 28 21 49 52 51 103 593 Total 114 166 1,056 Difference -29 -113 -574 Source: City of Newport Beach2009 The proposed business plaza would also have office uses and a bank, similar to the existing uses. However, the bank, which generates more trips than office uses, would be greatly reduced in square Newport Business Plaza July 2010 3 -66 Initial Study /Mitigated Negative Declaration icF Jas 00872.09 City of Newport Beach Chapter 3. Initial Study Environmental Checklist footage compared to the existing bank. The proposed project would include approximately 42,000 square feet of office space and approximately 4,000 square feet of bank space. The office uses would generate a daily total of 463 trips and the bank use would generate a daily total of 593 trips, for a total of 1,056 trips. Because the proposed bank would be greatly reduced in size compared to the existing bank, the trips generated by the proposed project would be reduced when compared to the existing land uses. Overall, the proposed project would reduce the total number of AM peak hour trips by 29, the total number of PM peak hour trips by 113 and the total daily trips by 574. Table 3 -13 identifies the change in trip generation between the existing use and the proposed business plaza. Therefore, the operation of the proposed project during AM peak hour would not downgrade the existing LOS at the intersections described above to LOS D or worse during the AM peak hour. Furthermore, operation of the proposed project during PM peak hour would not downgrade the existing LOS at the intersections described above to LOS E, for those intersections shared by the City of Newport Beach and the City of Irvine. Therefore, impacts associated with the operation of the proposed project would be less than significant. b. Conflict with an applicable congestion management program, including, but not limited to level of service standard and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? Less - than - Significant Impact. Within the defined Orange County Congestion Management Program highway network, intersections and freeway segments are not allowed to deteriorate to a condition worse than LOS E, or the base year LOS if worse than E (Orange County Transportation Authority 2003). The following intersections are Congestion Management Program intersections within the vicinity of the proposed project: MacArthur Boulevard/Jamboree Road, 1 -405 northbound ramps /Jamboree Road, and I -405 southbound ramps /Jamboree Road. Table 3 -14 below summarizes the 2003 AM and PM peak hour LOS for these Congestion Management Program intersections. Table 3 -14. Peak Hour Level of Service for Congestion Management Program Intersections Intersection 2003 AM Peak Hour LOS 2003 PM Peak Hour LOS MacArthur Boulevard/Jamboree Road C E 1 -405 northbound ramps /Jamboree Road C C 1405 southbound ramps /Jamboree Road. D D All intersections are operating at LOS E or better. Therefore, the addition of the proposed project's AM peak hour trips would not downgrade the existing LOS at the intersections described above to LOS D or worse, for those intersections shared between the City of Newport Beach and the City of Irvine. Furthermore, the addition of the proposed project's PM peak hour trips would not downgrade the existing LOS at the intersections described above to LOS E, for those intersections shared between the City of Newport Beach and the City of Irvine (See discussion of LOS in Section XVI(a) for individual proposed project impacts related to LOS and measures of effectiveness for the performance of the circulation system). There are a number of projects proposed in the cities of Newport Beach and Irvine that could cumulatively increase traffic to levels on the roads and intersections surrounding the project site. The Newport Business Plaza 3 -67 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00872.09 City of Newport Beach Chapter 3. Initial Study Environmental Checklist proposed project was included in the cumulative projects list of the traffic study for the Draft Environmental Impact Report for the City Hall and Park Development Plan, which also included other cumulative projects located within the City of Newport Beach and located within the City of Irvine (LSA 2009). Table 17 of the City Hall and Park Development Plan DEIR summarizes the cumulative analysis and identifies there would be no significant impacts at any of the studied intersections, which include the intersections identified above, in 2013 (LSA 2009). Furthermore, for all intersections shared by the City of Irvine and the City of Newport Beach a LOS of E is acceptable during AM and PM peak periods. Table 22 of the City Hall and Park Development Plan DEIR indicates the MacArthur Boulevard /Jamboree Road intersection would continue to operate at an acceptable level of service (LSA 2009). Finally, the Orange County Congestion Management Program (2007) Appendix B -2 identifies specific criteria for which projects are exempt. Any development applications generating vehicular trips below the ADT threshold for CMP traffic analysis include any project generating less than 2,400 ADT total, or any project generating less than 1,600 ADT directly onto the CMP Highway System. The proposed project would generate fewer than 2,400 and 1,600 ADT trips per day, and thus would be below the criteria established by the Congestion Management Program. Because the proposed project would result in fewer daily and AM/PM peak hour trips than the existing uses, the proposed project would not exceed, either individually or cumulatively, a LOS standard, and impacts would be less than significant. 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? Less - Than - Significant Impact with Mitigation Incorporated. As described in Section VIII(e) Hazards and Hazardous Materials, the project site is located within the boundaries of the AELUP for John Wayne Airport. The proposed project would be within the height restriction zone for the John Wayne Airport and the notification area of the FAR Part 77 Imaginary Surfaces aeronautical obstruction area. The proposed project would require notification to the FAA in accordance with Section 77.13 of the FAR because the proposed project would exceed the notice criteria for 77.13(a)(2) by 13 feet (Federal Aviation Administration 2010). Therefore, the proposed project could result in a change of air traffic patterns, including either an increase in traffic levels or a change in location that would result in substantial safety risks. Mitigation Measure HM -2 would require notification to the FAA in accordance with Section 77.13 of the FAR to ensure aviation - related safety hazards are reduced. Projects that meet the height restriction threshold must comply with federal and state procedures, including filing a Notice of Proposed Construction or Alteration (FAA Form 7460- 1). FAA would then perform an aeronautical study to determine if the project is considered an obstruction and if the project is determined to be a hazard to air navigation (Airport Land Use Commission 2008). Impacts are therefore considered less than significant with mitigation incorporated. d. Substantially increase hazards because of a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Less- than - Significant Impact. The proposed project would not alter the alignment of any of the adjacent roads. Prior to issuance of grading and building permits, Newport Beach Department of Public Works would review and approve all plans, including plans for commercial driveway approaches. Impacts would be less than significant. e. Result in inadequate emergency access? Newport Business Plaza 3 -68 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00912.09 City of Newport Beach Chapter 3. Initial Study Environmental Checklist Less - than - Significant Impact. Construction or operation of the proposed project would not affect streets or otherwise affect emergency access routes. The proposed project would be designed to incorporate all required City of Newport Beach Fire Department standards to ensure that its implementation would not result in hazardous design features or inadequate emergency access to the site or areas surrounding the site. Furthermore, the City of Newport Beach Fire Department has reviewed the site plans and ensured there is adequate emergency access (Brown pers. comm.). Therefore, impacts would be less than significant. f. Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? No Impact. Transit service is provided by the Orange County Transportation Authority (OCTA) in the vicinity of the project site. OCTA Bus Line 75 travels along Harvard Avenue and Jamboree Road between the Tustin Marketplace area and the Newport Transportation Center. Furthermore, there are pedestrian and bicycle easements along the street frontage along Campus Drive and Jamboree Road. In the Newport Beach General Plan Circulation Element, Figure CE4 shows the Master Plan of Bikeways in the City. Jamboree Road is designated as a Class I bikeway. Bikeway is a term used to designate all facilities which provide for bicycle travel. A Class I bikeway provides for bicycle travel on a paved right -of -way separated from any street or highway. This includes sidewalk bikeways adjacent to the street. Campus Drive is designated as a Class II bikeway. A Class 11 bikeway provides a striped and stenciled lane for bicycle travel on a street or highway (City of Newport Beach 2006a). The proposed project includes the construction and operation of a business plaza in the Koll Center Newport Planned Community. The construction and operation of a business plaza would maintain all pedestrian and bicycle easements and would not conflict with any adopted policies, plans, or programs supporting alternative transportation. No impacts would occur. Newport Business Plaza 3 -69 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00912.09 City of Newport Beach Chapter 3. Initial Study Environmental Checklist XVII. UTILITIES AND SERVICE SYSTEMS Potentially Significant Impact Lessthan Significant with Mitigation Incorporated Less -than- Significant No Impact Impact 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 facilities, the construction of which could cause significant environmental effects? C. Require or result in the construction of new ❑ ❑ ® ❑ stormwater drainage facilities or expansion of 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 would new or expanded entitlements be needed? e. Result in a determination by the wastewater ❑ ❑ ® ❑ treatment provider that serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f Be served by a landfill with sufficient permitted ❑ ❑ ® ❑ capacity to accommodate the project's solid waste disposal needs? g. Comply with federal, state, and local statutes and ❑ ❑ ❑ regulations related to solid waste? Discussion Would the project: a Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? Less - than - Significant Impact. The proposed project would not exceed wastewater treatment requirements of the Regional Water Quality Control Board ( RWQCB). The City of Newport Beach requires NPDES permits, as administered by the RWQCB according to federal regulations, for both point source discharges and nonpoint source discharges to surface waters of the United States. In addition, wastewater service in the project vicinity is provided by the City (City of Newport Beach 2006b). Wastewater from the City's sewer system is treated by the Orange County Sanitation District (OCSD). The majority of the City's wastewater flow is pumped to the OCSD Plant No. 2, while Newport Business Plaza 3 -70 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00872.09 City of Newport Beach Chapter 3. Initial Study Environmental Checklist flows from the portion of the City north of State Route 73 are pumped to Plant No. 1. Figure 3 -6, Wastewater Infrastructure and Service Areas, identifies these resources for the City of Newport Beach. The proposed project is located north of State Route 73; therefore, wastewater would be treated by Plant No. 1. The OCSD Reclamation Plant No.I currently maintains a design capacity of 174 million gallons per day (mgd) and treats an average of 90 mgd. Therefore, it operates at 52% of its capacity (City of Newport Beach 2006b). The existing land use is two connected office buildings with a 113 -stall surface parking lot and some landscaping. Approximately 20 gallons of wastewater per employee per day are produced for office type commercial uses (Brown pers. comm.). The project site currently generates approximately 1,300 gallons of wastewater per day and 474,500 gallons per year from the existing 65 employees. The proposed project would increase the number of employees by approximately 83; therefore, it would increase the amount of wastewater generated. The proposed project would generate an additional 2,960 gallons of wastewater per day above the existing 1,300 gallons of wastewater per day, for a total of 4,260 gallons of wastewater per day. This would equate to a total of approximately 1,554,900 gallons per year of wastewater, which is less than 0.002% of the design capacity. The proposed project would not exceed the wastewater treatment requirements of the RWQCB and would comply with all provisions of the NPDES program and applicable wastewater discharge requirements issued by the State Water Resources Control Board as discussed in Section IX Hydrology and Water Quality. Furthermore, the proposed project would comply with the NPDES Phase I and Phase II requirements that would regulate discharge from construction (also described in Section IX, Hydrology and Water Quality). Finally, since OCSD Plant No. 1 operates at 52% of its capacity, the additional wastewater generated by the proposed project would be accommodated by OCSD. Therefore, the proposed project would not cause any violation of standards set forth by OCSD. Impacts would be less than significant. 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? Less - than - Significant Impact. No new or expanded water or wastewater treatment facilities would be required to accommodate the proposed project. The proposed project would connect to the existing OCSD sewer system. OCSD, as stated above in Section (a), manages and oversees all wastewater in Orange County and would be able to accommodate the wastewater generated by the proposed project. See Section (d) below regarding the proposed project's potable water demand. The proposed project would not require additional new water supplies or water entitlements due to its small increase in demand; therefore, no new potable water facilities would be required. Impacts would be less than significant. c. Require or result in the construction of new stormwater drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Less - than - Significant Impact. During construction, runoff from the project site would be managed by BMPs and as directed in the City's stormwater protection requirements. BMPs would be incorporated into the proposed project as part of a SWPPP to prevent discharges of polluted stormwater from construction sites from entering the storm drains. Storm runoff generated through project operations would be diverted to the filtration system and bioswales per the Preliminary WQMP. Roof drainage would be routed into four drainage areas, which would each be filtered by Flogard Downspout Filter Assembly. The roof runoff would then be conveyed to a grassy Swale and then to a catch basin and existing gutter along Jamboree Road and Campus Drive. Although the proposed project would alter the existing drainage pattern of the site and would increase the amount Newport Business Plaza 3 -71 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00872.09 City of Newport Beach Chapter 3. Initial Study Environmental Checklist of stormwater generated as discussed in Section IX(c) and (d) Hydrology and Water Quality, the existing stormwater drainage facilities would handle the small increase in stormwater since the proposed project would incorporate bioswales and filters. Therefore, the proposed project would not require or result in the construction of new stormwater drainage facilities or expansion of existing facilities. Impacts would be less than significant. d. Have sufficient water supplies available to serve the project from existing entitlements and resources, or would new or expanded entitlements be needed? Less- than - Significant Impact. Water service in the City is provided by the City of Newport Beach, Irvine Ranch Water District (IRWD), and Mesa Consolidated Water District. Figure 3 -7, Water Infrastructure and Service Areas, illustrates the service boundaries of each provider. The project site is located within the boundaries of IRWD. IRWD encompasses a 179 - square mile service area and its current population of 330,000 is approximately 76% of the ultimate projected population, estimated at 434,511 for 2030. In 2009, IRWD had approximately 96,829 connections serving approximately 57,795 acre -feet of potable water, 8,036 acre -feet of non - portable water, and 26,185 acre -feet of recycled water annually (Irvine Ranch Water District 2009). Approximately 35% of IRWD's current water supply is purchased from the Metropolitan Water District of Southern California, with the remaining 65% coming from local groundwater wells (Irvine Ranch Water District 2009). IRWD prefers to diversify and rely less on imported and more on local supplies, and has therefore developed extensive groundwater pumping capacities to meet potable demands in addition to Metropolitan Water District supplies. IRWD's non - potable water system meets the majority of the landscape irrigation and agricultural water demands. IRWD has an extensive dual distribution system, which delivers recycled water from the Michelson Water Reclamation Plant and the Los Alisos Water Reclamation Plan. The source of IRWD's groundwater supply is the Lower Santa Ana River Basin. IRWD is an operator of groundwater- producing facilities in the Orange County Groundwater Basin. Within the Basin, degraded groundwater from the Irvine Subbasin provides non - potable water for agricultural and landscape use. IRWD also currently operates six wells within the unadjudicated Lake Forest area; however, this area has much less groundwater production capability. The majority of these wells produce poor quality supply which supplements the tertiary reclamation plant production in order to meet peak seasonal demand (Irvine Ranch Water District 2005). An Urban Water Management Plan was prepared by IRWD in 2005 and evaluates water supply and demand within its service area (Irvine Ranch Water District 2005). See Table 3 -15 below for current and projected planned water supplies. Newport Business Plaza 3 -72 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00872.09 \ Legend — CM BOi.naary — wmtewbx lnlmcM1UCMe watle . Roamer ,•'''� Project Location cMaNUao aeoch COSTA MESA ,� rvnx BMarcnWaler Orsnci 0.i MOPadN fltlelarWS and Submeipetl largs — IRVINE StaemvV Rance, � State anal Fetleial Rpnwoy srceen lu ?`t s e •,. - �.w °Rewme�l °��n.e aob l�, _ 1.� � ± p S IM'9 narcn wrndr wm�a wr aarat,x, Y \ F• Source: City of Newport Beach (2006) 1CFWastewater Infrastructure and Service Areas INTERNATIONAL Newport Business Plaza \� Legend ...... CM Baurgory Wald InIr .M. Wale, Rvttlds Project Location �Ma NeWiroeB h hN�e R.h Wald Oehkl S.A ML{A _ r�105a CMSOtl� Wald afiiCl HV�IaaIM11V 1��'AC mO Slbmage] 1On65 L Wammvy _ � Slala ana Feudal Hlplrxay sft a - ♦} 'Nplp. Willa Y�IrmTyLNa O]rp lP h'YV Ik11SM1 11% ♦ Walp pilllCl nal araK4J. mw 3 STAY( .AI1l riquire a-1 1CF Water Infrastructure and Service Areas INTERNATIONAL Newport Business Plaza City of Newport Beach Chapter 3. Initial Study Environmental Checklist Table 3 -15. Irvine Ranch Water District Current and Planned Water Supplies (acre -feet per year) The service area population of IRWD is expected to increase approximately 15% from approximately 366,000 in 2010 to 434,000 in 2030. Commercial accounts are expected to increase approximately 35% from approximately 4,600 accounts in 2010 to 7,100 accounts in 2030. This would result in a 30% increase in commercial water demand, which would total an estimated 13,500 acre -feet for 2030. The Urban Water Management Plan identifies that IRWD's demands for water can be met in average, single dry, and multiple dry years through the year 2030 based on current and projected water supplies and the demands forecast for normal, a single dry year, and multiple dry year scenarios through 2030. IRWD's water supply reliability is enhanced through development of multiple sources of supply and adequate storage, pumping and distribution facilities. See Table 3 -16 below for past, current and future water uses based on monthly records of water sales throughout the service area. Newport Business Plaza July 2010 3 -73 Initial Study /Mitigated Negative Declaration icF Jas 00872.09 2005 2010 2015 2020 2025 2030 POTABLE SUPPLIES: Purchased MWD treated 19,306 25,318 31,508 35,477 37,395 38,161 Clear groundwater 29,960 28,000 28,000 28,000 28,000 28,000 Treated groundwater 7,200 22,988 25,066 27,306 29,459 29,753 NON- POTABLE SUPPLIES: Recycled water Purchased MWD untreated Native (surface water) 15,296 5,304 7,251 26,203 6,303 4,000 26,091 4,556 4,000 27,948 3,434 4,000 29,231 3,225 4,000 29,523 3,225 4,000 Non - potable groundwater 2,285 3,898 3,898 3,898 3,898 3,898 Total 86,602 116,710 123,119 130,063 135,208 136,560 Note: The water supplies projected here do not represent the total supply capacity available to IRWD, but rather the projected supplies to meet the projected demands. Source: Irvine Ranch Water District 2005 The service area population of IRWD is expected to increase approximately 15% from approximately 366,000 in 2010 to 434,000 in 2030. Commercial accounts are expected to increase approximately 35% from approximately 4,600 accounts in 2010 to 7,100 accounts in 2030. This would result in a 30% increase in commercial water demand, which would total an estimated 13,500 acre -feet for 2030. The Urban Water Management Plan identifies that IRWD's demands for water can be met in average, single dry, and multiple dry years through the year 2030 based on current and projected water supplies and the demands forecast for normal, a single dry year, and multiple dry year scenarios through 2030. IRWD's water supply reliability is enhanced through development of multiple sources of supply and adequate storage, pumping and distribution facilities. See Table 3 -16 below for past, current and future water uses based on monthly records of water sales throughout the service area. Newport Business Plaza July 2010 3 -73 Initial Study /Mitigated Negative Declaration icF Jas 00872.09 City of Newport Beach Chapter 3. Initial Study Environmental Checklist Table 3 -16. Past, Current, and Future Water Uses Service Water AFY 36,475 6,300 9,584 8,615 3,769 34,332 8,615 Area Use Single Multi- 74,937 44,723 Instit/ 1,204 254 6,308 Year Population Sectors Family Family Commercial Industrial Gov Landscape Ag. Total 2005 316,000 # of 47,650 30,147 3,973 1,054 223 5,306 81 88,434 4,183 accts. 9,295 116,190 2020 403,727 # of 82,896 48,076 6,017 1,347 AFY 26,103 4,868 7,663 6,047 2,842 23,371 8,801 79,696 2010 366,192 #of 68,409 34,947 4,631 1,141 224 5,923 38 115,313 8,366 accts. 9,813 4;416 38,272 7,115 122,668 2025 423,914 #of A standard assumption is that potable water usage is approximately 111 % of the sewerage generation rate; therefore, the project site currently has a demand of 1,443 gallons per day and 526,695 gallons per year for potable water from the existing 65 employees. The proposed project would increase the number of employees by 83; therefore, it would increase the demand for potable water. The proposed project would use an additional 3,286 gallons of potable water per day above the existing 1,443 gallons per day, for a total of 4,729 gallons of potable water. This would equate to a total of approximately 1,726,085 gallons per year or approximately 5.30 acre- feet per year. This demand would be approximately 0.004% of the total projected demand identified in the IRWD Urban Water Management Plan for 2015 to 2030. It would be approximately 0.04% of the commercial water demand in 2015 to 2030. This demand is approximately 0.004% of the total supply identified in the IRWD for 2015 to 2030. Therefore, the increase in the water demand by the proposed project over the existing use would be negligible when compared to the projections planned for in the IRWD Urban Water Management Plan. Based on IRWD's evaluation and planning for reliability of water supplies and the anticipated proposed project water demand, no new or expanded entitlements would be required to serve the project site. Therefore, impacts would be less than significant. Newport Business Plaza July 2010 3 -74 Initial Study /Mitigated Negative Declaration icF Jas 00872.09 AFY 36,475 6,300 9,584 8,615 3,769 34,332 8,615 107,690 2015 384,502 # of 74,937 44,723 5,385 1,204 254 6,308 41 132,851 accts. AFY 39,156 7,901 10,922 8,904 4,183 35,829 9,295 116,190 2020 403,727 # of 82,896 48,076 6,017 1,347 272 6,841 31 145,479 accts. AFY 42,665 8,366 12,020 9,813 4;416 38,272 7,115 122,668 2025 423,914 #of 86,363 52,698 6,694 1,433 329 7,102 21 154,641 accts. AFY 43,783 9,033 13,173 10,287 5,269 39,141 4,767 125,453 2030 434,511 # of 91,053 54,966 7,011 1,504 343 7,431 18 162,326 accts. AFY 45,468 9,280 13,590 10,635 5,405 40,339 4,008 128,725 Source: Irvine Ranch Water District 2005 A standard assumption is that potable water usage is approximately 111 % of the sewerage generation rate; therefore, the project site currently has a demand of 1,443 gallons per day and 526,695 gallons per year for potable water from the existing 65 employees. The proposed project would increase the number of employees by 83; therefore, it would increase the demand for potable water. The proposed project would use an additional 3,286 gallons of potable water per day above the existing 1,443 gallons per day, for a total of 4,729 gallons of potable water. This would equate to a total of approximately 1,726,085 gallons per year or approximately 5.30 acre- feet per year. This demand would be approximately 0.004% of the total projected demand identified in the IRWD Urban Water Management Plan for 2015 to 2030. It would be approximately 0.04% of the commercial water demand in 2015 to 2030. This demand is approximately 0.004% of the total supply identified in the IRWD for 2015 to 2030. Therefore, the increase in the water demand by the proposed project over the existing use would be negligible when compared to the projections planned for in the IRWD Urban Water Management Plan. Based on IRWD's evaluation and planning for reliability of water supplies and the anticipated proposed project water demand, no new or expanded entitlements would be required to serve the project site. Therefore, impacts would be less than significant. Newport Business Plaza July 2010 3 -74 Initial Study /Mitigated Negative Declaration icF Jas 00872.09 City of Newport Beach Chapter 3. Initial Study Environmental Checklist e. Result in a determination by the wastewater treatment provider that 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. See Section XVII(b). f. Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? Less- than - Significant Impact. The proposed project would generate an increase in solid waste production as a result of the proposed business plaza. The majority of commercial solid waste generated in the City is collected by the waste haulers and transported to a City -owned transfer station. Refuse is consolidated and transported to a materials recovery facility where recyclable materials are sorted from refuse by machines and other methods. The remaining solid waste is then taken to one of three County landfills (City of Newport Beach 2006b). Currently, only the Frank R. Bowerman Sanitary Landfill serves the City of Newport Beach. Closure is currently estimated at year 2022; however, Integrated Waste Management Department is preparing an environmental impact report to expand the landfill and extend its closure date to 2053 (City of Newport Beach 2006b). The permitted daily tonnage limit for the Frank R. Bowerman Sanitary Landfill is 8,500 tons per day of refuse except for 36 days per year when a higher tonnage of 10,625 tons per day is allowed. If the expansion is approved, the landfill would accept 11,500 tons per day (City of Newport Beach 2006b). A study of the Frank R. Bowerman Landfill and its remaining capacity is presented in Table 3 -17 below. Table 3 -17. Landfill Capacity Current Maximum Maximum Annual Remaining Capacity Estimated Daily Load Usage Landfill Capacity (Tons) (Tons) Close Date (Tons) (Tons) Frank R. Bowerman 44,560,000 81,600,000 2022 8,500 2,332,576 Source: City of Newport Beach 2006a Assuming each employee produces 10.53 pounds of solid waste per day, the project site currently generates approximately 684 pounds of solid municipal waste per day (City of Newport Beach 2006b). The proposed project would increase the number of employees by approximately 83; therefore, it would increase the commercial solid waste generated at the project site to, on average, 1,558 pounds of solid municipal waste per day. This would be less than 1% of the daily load of the Frank R. Bowerman Landfill. Construction waste generation by the proposed project would result in a temporary increase in the total construction and demolition waste the landfill receives; however, much of the asphalt would be recycled. The Frank R. Bowerman Landfill would be able to accommodate the increase in solid waste generated by the proposed project during construction and operation. Impacts would be less than significant. g. Comply with federal, state, and local statutes and regulations related to solid waste? No Impact. The proposed project would comply with all regulations related to solid waste, such as the California Integrated Waste Management Act and City recycling programs; therefore, no impacts would occur. Newport Business Plaza 3 -75 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00872.09 City of Newport Beach Chapter 3. Initial Study Environmental Checklist b. Does the project have impacts that are individually limited but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) C. Does the project have environmental effects that ❑ will cause substantial adverse effects on human beings, either directly or indirectly? Discussion FEW 1101 IN X a n a. Does the project have the potential to degrade the quality of the environment, ,substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? Less- than - Significant Impact with Mitigation Incorporated. The project area is urban in character and does not contain biological resources that would be affected by the implementation of the proposed project. Mitigation Measure BIO -1 would reduce impacts to migrating birds to less than significant levels. Additionally, no historical cultural resources would be affected by the construction or operation of the proposed project. Although the proposed project is unlikely to disturb significant archaeological and paleontological resources during construction, Mitigation Measures CR -1 and 2 would reduce impacts on archaeological and paleontological resources to less - than- significant levels. See Appendix F, Mitigation Monitoring Plan and Report, for a description of mitigation treasures and methods for implementation, verification, and responsible parties. Therefore, impacts would be less than significant with mitigation incorporated. 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 Newport Business Plaza 3 -76 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00872.09 Less than Significant Potentially with Less -than- Significant Mitigation Significant No Impact Incorporated Impact Impact XVIII. MANDATORY FINDINGS OF SIGNIFICANCE a. Does the project have the potential to degrade the ❑ ® ❑ ❑ quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? b. Does the project have impacts that are individually limited but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) C. Does the project have environmental effects that ❑ will cause substantial adverse effects on human beings, either directly or indirectly? Discussion FEW 1101 IN X a n a. Does the project have the potential to degrade the quality of the environment, ,substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? Less- than - Significant Impact with Mitigation Incorporated. The project area is urban in character and does not contain biological resources that would be affected by the implementation of the proposed project. Mitigation Measure BIO -1 would reduce impacts to migrating birds to less than significant levels. Additionally, no historical cultural resources would be affected by the construction or operation of the proposed project. Although the proposed project is unlikely to disturb significant archaeological and paleontological resources during construction, Mitigation Measures CR -1 and 2 would reduce impacts on archaeological and paleontological resources to less - than- significant levels. See Appendix F, Mitigation Monitoring Plan and Report, for a description of mitigation treasures and methods for implementation, verification, and responsible parties. Therefore, impacts would be less than significant with mitigation incorporated. 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 Newport Business Plaza 3 -76 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00872.09 City of Newport Beach Chapter 3. Initial Study Environmental Checklist when viewed in connection with the effects ofpast projects, the effects of other current projects, and the effects ofprobable futureprojects.) Less - than - Significant Impact. The proposed project would not result in impacts that would be cumulatively considerable. The City of Newport Beach identified 12 individual projects within the City. Projects located in the Irvine Business Complex area of the City of Irvine identified on the list of Current Discretionary Projects under Review are also included in the cumulative project list below. These 17 projects are considered cumulative because of the proximity of the project site to the Irvine Business Complex. The majority of the City of Irvine's projects are currently delayed and/or pending as indicated on the list of discretionary projects. The total 29 cumulative projects are described below. City of Newport Beach ■ Newport Beach Country Club, located at 1600 East Coast Highway. This development includes five residential dwelling units, 27 hotel units with a 2,048 gross square foot concierge and guest center, 3,523 gross square foot tennis club with a 6,718 gross square foot spa, 41,086 gross square foot golf club with accessory facilities, seven tennis courts and a swimming pool. ■ Mariner's Medical Arts, located at 1901 Westcliff Drive. This development includes 12,245 gross square feet of a medical office addition. ■ City Hall & Park Development, located at 1100 Avocado Avenue. This development includes 98,000 gross square feet for City Hall, 17,135 gross square feet of library expansion, 450 -space parking structure, and a 15 -acre park. ■ Banning Ranch, located at 4520 West Coast Highway. This development includes 1,375 dwelling units, 75,000 gross square feet of commercial retail, 75 -room guest accommodations, parks, and open space. ■ Sunset Ridge Park, located at 4850 West Coast Highway. This development includes 13.67 acres of active park land. ■ Old Newport GPA, located at 328 -340 Old Newport Boulevard. This development includes 25,725 gross square feet of medical office uses. ■ Marina Park, located at 1700 Balboa Boulevard. This development includes 10.45 acres of public marina, beach, and park, with recreational facilities as follows: 26,990 gross square feet of Balboa Center Complex, 23 slips for Visiting Vessel Marina, 1,328 gross square feet of Marina Services Building, 5,500 gross square feet of Girl Scout House, and 153 parking spaces. ■ PRES Office Building B, located at 4300 Von Karman Avenue. This development includes 11,960 gross square feet of office building. ■ Conexant /Koll Conceptual Plan, located at 4343 Von Karman Avenue. This development includes 974 residential dwelling units. ■ AERIE, located at 201 Carnation Avenue. This development includes a 6 -unit condominium with subterranean parking which would include 25,500 cubic yards of grading. Newport Business Plaza 3 -77 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00872.09 City of Newport Beach Chapter 3. Initial Study Environmental Checklist ■ Coast Community College District, located at 1505 -1533 Monrovia Avenue. This development includes 67,000 gross square feet of a higher education learning center. ■ Beauchamp, located at 2000 -2016 East Balboa Boulevard, General Plan Amendment and Coastal Land Use Plan Amendment for new residential units (5 single -unit dwellings). City of Irvine ■ Michelson and Jamboree (Park Place), tentative tract map and park plan for the Bosa residential development Phase 2 (566 units). ■ Avalon Jamboree II, located at 16901 Jamboree, General Plan Amendment, zone change, park plan, and conditional use permit for new residential units (180 residential apartments). ■ Irvine Tech Center, located at the northwest corner of Jamboree Road and Campus Drive, Master Plan, General Plan amendment, and zone change for new mixed use project to include 1,000 units. ■ Kilroy, located at 17150 Von Karman Avenue, General Plan amendment, zone change, park plan, and tentative tract map to increase Irvine Business Complex residential intensity cap to 7,190 units to provide for 469 residential units. ■ Alton & Millikan Apartments, located at 16952 Millikan General Plan Amendment, zone change, park plan, tentative tract map, and conditional use permit for 156 residential apartments. ■ 2852 Kelvin, General Plan amendment, zone change, park plan, and conditional use permit for 194 apartments /condominiums. ■ 3333 Michelson Drive, minor modification to Conditional Use Permit of Park Place. ■ Aquinaga Green Materials Recovery Facility, located at 16355 Construction Circle West, conditional use permit to establish materials recovery facility. ■ GIFREH, located at 18691 Jamboree Road, multi -use center. ■ 2062 Business Center Drive, tentative parcel map to create two parcels for condominium purposes. ■ Element, located at 17662 Armstrong, conditional use permit for 122 -room, limited- service hotel. ■ 2555 Main Street, tentative tract map to create 481 residential condominium units. ■ Hindu Temple, located at 16540 Aston, conditional use permit for shared parking. ■ 16952 Millikan, conditional use permit to operate a music and martial arts school. ■ Ocean Blue Day Spa, located at 17801 Main Street, conditional use permit to establish a massage use. Newport Business Plaza 3 -78 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00872.09 City of Newport Beach Chapter 3. Initial Study Environmental Checklist ■ 166321 Hale Avenue, conditional use permit to establish a martial arts studio in 3,179- square -foot suite. St. Marks Church, located at 17840 Skypark Circle, conditional use permit to establish the St. Marks Church. The analysis of cumulative projects addresses only those environmental issues that have the potential to be affected by the combined cumulative project list. This environmental document provides a determination of whether or not a significant cumulative impact exists, and whether the proposed project would contribute to such a significant cumulative impact to a considerable degree. Only project impacts that are deemed cumulatively considerable are considered potentially significant impacts in the context of this analysis. Implementation of the proposed project would include the construction and operation of a new business plaza within an existing mixed use and urban office complex area. The construction and operation of the proposed project would be similar in nature to the existing office buildings and surrounding urban uses and open space in the vicinity of the project site. The past, present, and reasonably foreseeable future projects would not degrade or detract from the urban built -out nature of the City of Newport Beach and the Irvine Business Complex area of the City of Irvine. Any less- than - significant impact the proposed project has on aesthetics would not represent a considerable degree when combined with the past, present, and reasonably foreseeable cumulative project list and would not contribute to a cumulative impact. Impacts would be less than cumulatively considerable. Implementation of the proposed project has the potential to result in the disturbance of undiscovered archaeological and paleontological cultural resources. In conjunction with the projects listed above, the proposed project would have the potential to contribute to a cumulative impact on cultural resources. The mitigation measures identified in Section V Cultural Resources would reduce the significance of impacts on cultural resources associated with disturbance of an undiscovered cultural resource. Other projects in the vicinity of the proposed project would be required to implement similar treasures. As such, cumulative impacts associated with the proposed project would not be cumulatively considerable. Impacts would be less than cumulatively considerable. Implementation of the proposed project would not contribute to a considerable cumulative impact on agriculture and forest resources, mineral resources, population and housing, public services, recreation, or utilities. As discussed above in Sections II Agriculture and Forest Resources, XI Mineral Resources, XIII Population and Housing, XIV Public Services, XV Recreation, and XVII Utilities and Service Systems, the proposed project would not be located in an agricultural area; is not located in a valuable mineral resource area; would not add to the population of the region or necessitate new housing; and, would not substantially increase the use of public services or utilities such that new services would be required. Therefore, any less- than - significant impact the proposed project has on these resources would not contribute to significant cumulative impacts to a considerable degree when combined with the past, present, and reasonably foreseeable cumulative project list. Impacts would be less than cumulatively considerable. Implementation of the proposed project has the potential to contribute to cumulative air quality impacts. Construction of the proposed project would temporarily increase dust levels in the project area. SCAQMD's approach for assessing cumulative impacts is based on the AQMP forecasts of attainment of ambient air quality standards in accordance with the requirements of the federal and state Clean Air Acts. As discussed earlier in Section III(a), the proposed project would be consistent Newport Business Plaza 3 -79 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00872.09 City of Newport Beach Chapter 3. Initial Study Environmental Checklist with the AQMP, which is intended to bring the Basin into attainment for all criteria pollutants. In addition, the mass regional emissions calculated for the proposed project (Forecast Regional Construction Emissions and Forecast of Regional Operational Emissions) are less than the applicable SCAQMD daily significance thresholds that are designed to assist the region in attaining the applicable state and national ambient air quality standards. The regional daily significance thresholds take into account other activity occurring in the region, and therefore inherently address a project's contribution to cumulative air quality impacts. As such, cumulative impacts would be less than cumulatively considerable. Implementation of the proposed project has the potential to result in cumulative impacts on geology and soils because of effects associated with expansive soils. The mitigation treasures identified in Section VI Geology and Soils would reduce the significance of project impacts regarding expansive soils to a less - than - significant level. Other projects in the vicinity of the proposed project would be required to follow the California Building Code to minimize the risk of seismic - induced effects. Therefore, the proposed project's contribution cumulative impacts on geology and soils would be less than cumulatively considerable. With regard to GHG emissions, as discussed earlier in Section III(b), the amounts of GHG emissions that would result from development and operations of the proposed project are less than the applicable screening level threshold set by the City. As such, the proposed project would be consistent with the state's goals of reducing GHG emissions to 1990 levels by 2020; therefore, the proposed project's contribution to cumulative climate change /worldwide GHG emissions would be less than cumulatively considerable. Implementation of the proposed project has the potential to expose people to excessive noise levels from construction; however, impacts would be less than significant. Projects in the vicinity of the proposed project would be required to institute similar measures if they were found to expose people to excessive noise. None of the cumulative projects are located in the immediate vicinity to be audible together with the proposed project construction activities. Furthermore, during operations the proposed project would reduce the number of trips when compared to the existing conditions. Therefore, under operating conditions, noise associated with traffic generated by the proposed project would be reduced. Therefore, impacts associated with the proposed project would not be cumulatively considerable. As discussed in Section XVI Transportation and Traffic, implementation of the proposed project has the potential to increase traffic volumes during construction and operating conditions. The proposed project was included in the cumulative projects list of the traffic study for the Draft Environmental Impact Report for the City Hall and Park Development Plan (LSA 2009), as well as other cumulative projects in the cities of Newport Beach and Irvine. For all intersections shared by the City of Irvine and the City of Newport Beach, LOS of E is acceptable during AM and PM peak periods. Furthermore, the proposed project would reduce the number of AM and PM Peak Hour trips and Daily trips when compared to the existing conditions. There would be no significant impacts at any of the studied intersections with the implementation of the proposed project and future projects. e CEQA Guidelines Section 15064(h)(3) states "A lead agency may determine that a project's incremental contribution to a cumulative effect is not cumulatively considerable if the project will comply with the requirements in a previously approved plan or mitigation program which provides specific requirements that will avoid or substantially lessen the cumulative problem (e.g. water quality control plan, air quality plan, integrated waste management plan) within the geographic area in which the project is located. Such plans or programs must be specified in law or adopted by the public agency with jurisdiction over the affected resources through a public review process to implement, interpret, or make specific the law enforced or administered by the public agency." Newport Business Plaza 3 -80 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00912.09 City of Newport Beach Chapter 3. Initial Study Environmental Checklist Therefore, the proposed project would not exceed, either individually or cumulatively, a LOS standard and impacts would be less than cumulatively considerable. The proposed project would result in less - than- significant environmental impacts. Additionally, the impacts from the proposed project when combined with the list of cumulative development projects would not result in a significant contribution to cumulative impacts. Thus, impacts associated with the proposed project would not be cumulatively considerable. c. Does the project have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly? Less - than - Significant with Mitigation Incorporated. See Appendix F, Mitigation Monitoring Plan and Report, for a description of mitigation measures and methods for implementation, verification, and responsible parties. Although construction of the proposed project is expected to create temporary adverse effects related to construction noise and hazardous materials during construction demolition, these impacts would be less than significant with mitigation incorporated. The significant operation impacts associated with geology and soils related to expansive soils, hazards associated with air traffic, and light and glare associated with aesthetics would be reduced to less -than- significant levels with mitigation incorporated. Thus, impacts associated with the proposed project would not be cumulatively considerable. Newport Business Plaza 3 -81 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00912.09 Chapter 4 Errata to the Draft IS /MND Chapter 4 Errata to the Draft IS /MND Introduction This section of the document addresses modifications to the draft IS /MND for the proposed Newport Business Plaza. It presents all revisions related to public comments, as determined necessary by the Department. Only sections that had revisions based on the public comments are included, and sections that had no revisions are not included. Readers are referred to Chapters 1 through 3 of this final IS /MND to view complete sections. This section provides changes to the draft IS /MND in revision -mode text (i.e., deletions are shown with stF gh and additions are shown with underline). These notations are meant to provide clarification, corrections, or minor revisions as needed as a result of public comments or because of changes in the project since the publication and distribution of the draft IS/MND. Changes to the Draft IS/MND The following changes to the text as presented below are incorporated into the final IS /MND. Chapter 3. Initial Study Environmental Checklist VIII. Hazards and Hazardous Materials, Page 3 -9 e. For a project within an airport land use plan or, where such a plan has not been adopted, within 2 miles of 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 closest airport is John Wayne Airport, which is approximately 1.0 mile north of the project site. The project site is located within the boundaries of the Airport Newport Business Plaza July 2010 4 -1 Initial Study /Mitigated Negative Declaration ICF J8500872.09 City of Newport Beach Chapter 4. Errata to the Draft IS /MIND Environs Land Use Plan (AELUP) for John Wayne Airport. The project site is within the height restriction zone for the John Wayne Airport and the notification area of the Federal Aviation Regulation (FAR) Part 77 imaginary surfaces aeronautical obstruction area. All building height restrictions identified in the Airport Environs Land Use Plan (AELUP) have as their ultimate limits the imaginary surfaces as applicable and defined in Part 77 of the Federal Aviation Regulations. "Imaginary Surfaces" are defined by means of elevations, heights and slopes in relation to individual airports, the spaces above which are reserved to air navigation. The proposed project site is located within FAR Part 77 Obstruction for Imaginary Surfaces for JWA as identified by FAR Par 77 John Wayne Airport Obstruction Imaginary Surfaces Figure in Appendix D of the AELUP. The ALUC uses all of the FAR Part 77.73 standards along with the results of FAA aeronautical studies, or other studies deemed necessary by the ALUC in order to determine if a structure is an "obstruction ". Section 77.13 of the FAR requires the notification of the Federal Aviation Administration (FAA) for any construction or alteration which: ■ exceeds 200 feet in height above the ground level at its site; ■ exceeds a height greater than an imaginary surface extending outward and upward at specific slope characteristics at 20,000 feet, 10,000 feet, and 5,000 feet from the nearest point of the airport runway; ■ is a highway with specific characteristics, and/or, ■ occurs at an airport. The proposed project would construct a business plaza consisting of a 1 -story bank, two 3 -story office buildings, and a 2 -level parking structure with a maximum height of 62 feet (Ware Malcomb). The project site is approximately 50 feet above mean sea level (Krazan & Associates 2005). Therefore, the proposed project would exceed the notice criteria for 77.13(a)(2) by 13 feet (Federal Aviation Administration 2010). Projects that meet the height restriction threshold must comply with federal and state procedures, including filing a Notice of Proposed Construction or Alteration (Federal Aviation Form 7460 -1). FAA would then perform an aeronautical study to determine if the project is considered an obstruction and if the project is determined to be a hazard to air navigation (Airport Land Use Commission 2008). Therefore, the proposed project would comply with Section 77.13 of the FAR and FAA requirements by filing a Notice of Proposed Construction or Alteration to reduce aviation related hazards through the application of Mitigation Measure HM -2. Impacts are therefore considered less than significant with mitigation incorporated. Newport Business Plaza July 2010 4 -2 Initial Study /Mitigated Negative Declaration ICF J8500872.09 City of Newport Beach Chapter 4. Errata to the Draft IS /MIND Mitigation Measure: Mitigation HM -2: Prior to site plan approval, the City of Newport Beach shall file a notice of Proposed Construction or Alteration with FAA (FAA Form 7460- 1) in accordance with Federal Aviation Regulation (FAR) Part 77. Following FAA's aeronautical study of the project site, the proposed project shall comply with conditions of approval imposed or recommended by FAA. Subsequent to these findings, the City shall refer the proposed project to the Orange County Airport Land Use Commission for consistency analysis. The Director of Planning, or designee, shall verify that the City has received a Determination of No Hazard to Air Navigation prior to the issuance of building permits for the northern parcel. XII. Noise, Page 3 -9 e. For a project located within an airport land use land use plan or, where such a plan has not been adopted, within 2 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 project site is located approximately 0.5 mile from John Wayne Airport. Figure N2 of the City of Newport Beach General Plan shows the existing 65 dBA CNEL noise contour for John Wayne Airport. Figure N2 shows that the proposed project site is located approximately 0.25 — 0.5 mile outside the 65 dBA CNEL noise contour for John Wayne airport (City of Newport Beach 2006a). Figure N2 "Existing Noise Contours" of the City of Newport Beach General Plan shows the proposed roiect is located within the 60 CNEL noise contour of the AELUP Noise Contours. Per Table 1 "Airport Land Use Commission for Orange County Airport Environs Land Use Plan Limitations on Land Use Due to Noise (Applicable to Aircraft Noise Sources)" of the AELUP commercial land use categories such as retail and office which experience a CNEL less than 65 dB are considered "normally consistent." Furthermore, normally consistent land uses, such as office land uses within the 60 dB contour are allowed to use conventional construction methods and no special noise reduction requirements are needed. The AELUP identifies Noise hnpacts Zones and recommends measures to reduce aircraft noise on certain land uses. Moderate Noise Impact identified as 60 dB CNEL or greater, less than 65 dB CNEL are included in Noise Impact Zone "2 ". The AELUP specifically identifies residential land units in this zone and requires sound attenuation as set forth in the California Code of Insulation Standards, Title 25, California Code of Regulations for residential units. The AELUP text does not identify commercial retail or office land uses as requiring sound attenuation. Newport Business Plaza July 2010 4 -3 Initial Study /Mitigated Negative Declaration ICF J8500872.09 City of Newport Beach Chapter 4. Errata to the Draft IS /MIND Since the proposed project does not include residential units and it is within the 60 dB CNEL contour it is normally consistent with the airport and is not required to provide sound attenuation. Therefore, noise impacts related to air traffic would be less than significant. XVI. Transportation and Traffic, Page 3 -67 to 3 -68 b. Conflict with an applicable congestion management program, including, but not limited to level of service standard and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? Less - than - Significant Impact. Within the defined Orange County Congestion Management Program highway network, intersections and freeway segments are not allowed to deteriorate to a condition worse than LOS E, or the base year LOS if worse than E (Orange County Transportation Authority 20073). The following intersections are Congestion Management Program intersections within the vicinity of the proposed project: MacArthur Boulevard/Jamboree Road, I -405 northbound ramps /Jamboree Road, and I -405 southbound ramps /Jamboree Road. Table 3 -14 below summarizes the 20073 AM and PM peak hour LOS for these Congestion Management Program intersections. Table 3 -14. Peak Hour Level of Service for Congestion Management Program Intersections= Intersection 2007XAM Peak Hour LOS 20073 PM Peak Hour LOS MacArthur Boulevard/Jamboree Road 1 -405 northbound ramps /Jamboree Road C C D E C 1 -405 southbound ramps /Jamboree Road. D C-D Figure 5 pie 2 of 3 "Orange County Congestion Management Program Level of Service 2009" in the Orange County 2009 Coneestim Management Program (Orange County Transportation Authority 2009) does not identifv a deterioration of LOS at any of the intersections above. Two of the intersections (I -405 northbound ramps /Jamboree Road and 1 -405 southbound ramps /Jamboree Road) are not located within the Jurisdiction of the City of Newport Beach, as they are in the City of Irvine. The Orange County Congestion Management Plan (CMP) states that LOS Standards must not be below a level of service E, unless the levels of service from the baseline CMP dataset were lower (Orange County Transportation Authority. 2007 and 2009). All intersections in Table 3 -14 are operating at LOSE D or better. The proposed proiect is reducing the number of trips per the analysis in Section XVI(a) above. Therefore, the addition of the proposed project's AM peak hour trips and PM peak hour trips would not downgrade the existing LOS at the intersections described abeve in Table 3 -14 to LOS BE or worse per the CMP LOS requirements. , fig_ these inter eet:ons ,.r.. Fed between the City afNewpai4 n,.aeh and the City of 4yino ❑...wt.o.... OFO tl.o additiOR Of the ....,..., SOd ..rOjOet'S PInA ,..a, t.,..... trips would not .I,....figrade the LOS at the i.t..rseetions Newport Business Plaza July 2010 4 -4 Initial Study /Mitigated Negative Declaration ICF J8500872.09 City of Newport Beach Chapter 4. Errata to the Draft IS /MIND .Ihn e to _10S c f tti,,...o :...o....o,..:,..... Sht[_oa x.,....000 the r:.., 0 off ,.ne , for the p . f foF.....nee of the eiFettlat:,.n system). There are a number of projects proposed in the cities of Newport Beach and Irvine that could cumulatively increase traffic to levels on the roads and intersections surrounding the project site. The proposed project was included in the cumulative projects list of the traffic study for the Draft Environmental Impact Report for the City Hall and Park Development Plan, which also included other cumulative projects located within the City of Newport Beach and located within the City of Irvine (LSA 2009). Table 17 of the City Hall and Park Development Plan DEIR summarizes the cumulative analysis and identifies there would be no significant impacts at any of the studied intersections, which include the intersections identified above, in 2013 (LSA 2009). Furthermore, for all intersections shared by the City of Irvine and the City of Newport Beach a LOS of E is acceptable during AM and PM peak periods. Table 22 of the City Hall and Park Development Plan DEIR indicates the MacArthur Boulevard/Jamboree Road intersection would continue to operate at an acceptable level of service (LSA 2009). Finally, the Orange County Congestion Management Program (2007) Appendix B -2 identifies specific criteria for which projects are exempt. Any development applications generating vehicular trips below the ADT threshold for CMP traffic analysis include any project generating less than 2,400 ADT total, or any project generating less than 1,600 ADT directly onto the CMP Highway System. The proposed project would generate fewer than 2,400 and 1,600 ADT trips per day, and thus would be below the criteria established by the Congestion Management Program. Because the proposed project would result in fewer daily and AM /PM peak hour trips than the existing uses, the proposed project would not exceed, either individually or cumulatively, a LOS standard, and impacts would be less than significant. Chapter 4. References Orange County Transportation Authority. 2007. Orange County Congestion Management Program. Orange County Transportation Authority. 2009. Orange County Congestion Management Program. Available at: < htT : / /www.octa.net /pdf/cmp09.pdfl Accessed on: July 27, 2010. Newport Business Plaza July 2010 4 -5 Initial Study /Mitigated Negative Declaration ICF J8500872.09 City of Newport Beach Chapter 4. Errata to the Draft IS /MIND Newport Business Plaza July 2010 4 -6 Initial Study /Mitigated Negative Declaration ICF J&S 00872.09 Chapter 5 References Chapter 5 References Printed References Airport Land Use Commission. 2008. Airport Environs Land Use Plan for John Wayne Airport. Amended April 17, 2008. California Air Resources Board. 2008. Preliminary Draft Staff Proposal — Recommended Approaches for Setting Interim Significance Thresholds for Greenhouse Gases under the California Environmental Quality Act. October 24. California Department of Conservation. 2009. Orange County Important Farmland 2008. Farmland Mapping and Monitoring Program. Sacramento, CA. August 2009. California Department of Conservation. 2007. California Geological Survey — Alquist -Priolo Earthquake Fault Zone. Available: <http: / /www.consrv.ca.gov /cgs /rghm/ap /Pages /affected.aspx >. Accessed: November 11, 2009. California Department of Conservation. 2001. Seismic Hazard Zones Tustin Quadrangle. Available: < http: / /gmw.consrv.ca. gov /shmp /download/pdf/ozn _ tus.pdf>. Accessed: March 31. 2010. California Department of Conservation. 1994. DMG Open -File Report 94 -15. Division of Mines and Geology. California Department of Transportation. 2002. California Airport Land Use Planning Handbook. California Department of Transportation. 2009. Officially Designated State Scenic Highways and Historic Parkways. Available: <http://www.dot.ca.gov/hq/LandArch/scenic highways/index.httn>. Accessed: November 12, 2009. Newport Business Plaza 5 -1 InitialStudy /Mitigated Negative Declaration July 2010 IcF Jss 00912.09 City of Newport Beach Chapter 5. References California Division of Mines and Geology. 1997 Seismic Hazard Zone Report for the Anaheim and Newport Beach 7.5 Minute Quadrangles, Orange County California. Seismic Hazard Report 03. California Environmental Protection Agency. 2010a. DTSC's Hazardous Waste and Substances Site List — Site Cleanup (Cortese List). Available: <http: / /www. envirostor. dtsc. ca. gov /public /search. asp ?page =8 &cmd= search &business_ name= &main_ street_ name= &city= &zip = &county= &status =AC T %2CBKLG %2CCOM &branch= &site_type =CSITE S %2COPEN %2 CF UD S %2CCLOSE &np1= &funding= &reporttitle= HAZARDOUS +WASTE +AND +SUB STANCES +SITE +LIST &reporttype =C ORTESE &federal _ superfund = & state _response =& voluntary_cleanup= &school_ cleanup = &permitted = &corr ective_ action =& spec _frog= &national_lriority_ list= &senate= &congress = &a ssembly= &critical_f of =& business_ type= &case_type= &searchtype = &hwmp _site _ type = &cleanup_ type = &ocieerp= False &orderby = county >. Accessed: March 16, 2010. California Environmental Protection Agency. 2010b. Find Cleanup Sites and Hazardous Waste Permitted Facilities. Available: <http: / /www. envirostor. dtsc. ca. gov /public /search. asp ?cmd = search &city —Ne wport%20Beach& zip =& county = Orange &federal _ superfund =True &state res pone= True &voluntary_cleanup = True &school cleanup= True &permitted =Tr ue &pc _permitted= True &hist nonoperating= True &corrective_ action =True& display_results= Report&pub = True >. Accessed: March 16, 2010. California Environmental Protection Agency. 2010c. List of "active" CDO and CAO from Water Board. Available: <http: / /www.calepa. ca.gov /SiteCleanup /CorteseList/ >. Accessed: March 16, 2010. California Geological Survey. 2003. Faults and Earthquakes in California. Note 31. Available: <http:/ /www. conservation. ca. gov/ cgs / information /publications /cgs notes /not e_31 /Documents /note_31.pdf>. Accessed: March 31, 2010. Caltrans. 2005. Geotechnical Laboratory Expansion Index. Available: <http: / /www.dot.ca. gov /hq /esc /geotech/gl /expansionindex.htm >. Accessed: March 31, 2010. City of Irvine. 2000. General Plan Noise Element. City of Newport Beach. 2009a. Coastal Land Use Plan. Certified by the Coastal Commission on October 13, 2005; adopted by the City of Newport Beach on December 13, 2005. Last revised: June 26, 2009. Available: <http: / /www.city. newport- beach.ca.us/PLN/LCP/LCP.htm#Coastal_Land_Use_Plan>. Accessed: March 26, 2010. Newport Business Plaza 5 -2 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00912.09 City of Newport Beach Chapter 5. References City of Newport Beach. 2009b. Fire Operations Division. Last revised: July 15, 2009. Available: < http: // www .newportbeachca.gov /index.aspx ?page= 1131 >. Accessed: November 6, 2009. City of Newport Beach. 2006a. General Plan. July 25, 2006. City of Newport Beach. 2006b. City of Newport Beach Draft Environmental Impact Report General Plan 2006 Update. State Clearing Housing Number: 2006011119. April 2006. City of Newport Beach 2003. Hazards Assessment Study. Cited in City of Newport Beach (2006b). County of Orange. 2005. County of Orange General Plan. Available: <http: // www. ocplanning .net /GeneralPlan2005.aspx >. Accessed: November 10, 2009. Department of Water Resources. 2004. Coastal Plain of Orange County Groundwater Bain: South Coast Hydrologic Region Coastal Plain of Orange County Ground Water Basin. California's Groundwater Bulletin 118. February 27. Employment Development Department. 2010a. Santa Ana - Anaheim -Irvine Metropolitan Division (Orange County). March 10, 2010. Available: <http://www.calmis.ca.gov/file/Iftnonth/oran$pds.pdf>. Accessed: March 18, 2010. Employment Development Department 2010b. Monthly Labor Force Data for Cities and Census Designated Places (CDP). January 2010 - Preliminary. Available: <http: / /www.labormarketinfo .edd.ca.gov / ?pageid =133 >, Accessed: March 18, 2010. Federal Aviation Administration. 20 10. Notice Criteria Tool. Available: <https: / /oeaaa.faa.gov /oeaaa /external /gisTools /gisAction.j sp ?action --doNoN oticeRequiredTool &latD= 33 &latM= 39 &latS= 56.84 &latDit= N &longD =117 &longM =51 &longS= 18.84 &longDit =W &datum= NAD83 &siteElevation =50 & structureHeight= 62 &traverseway= NO &onAirport =false &submit = Submit/ . Accessed: May 6, 2010. Federal Highway Administration. 2006. Roadway Construction Noise Model. Geotracker. 2010. GeoTracker. Available: <http: / /geotracker. waterboards. ca. gov /map / ?CMD= runreport&myaddre ss =4 699+ jamboree+ road %2C +newport+beach %2C +ca >. Accessed: March 16, 2010. Governor's Office of Planning and Research. 2008. Technical Advisory on CEQA and Climate Change. June 19. Available: <http: / /www.opr.ca .gov /ceqa/pdfs /june08- cega.pdf>. Accessed: March 30, 2010. Newport Business Plaza 5 -3 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00912.09 City of Newport Beach Chapter 5. References Irvine Ranch Water District. 2005. 2005 Urban Water Management Plan. November 2005. Irvine Ranch Water District. 2009. Fact Sheet. Updated February 2009. Available: < http:// www. irwd .com/Medialnfo /factsheet.pdf>. Accessed: March 5, 2010. King, Chester. 1963. Site Record for CA- Ora -115. Site Record on File at the South Central Coastal Information Center, California State University, Fullerton. Krazan & Associates, Inc. 2005. Preliminary Findings Phase I Environmental Site Assessment. Santa Ana, CA. June 10, 2005, Long, S. and C. Schwartz. 1963. Site Record for CA- Ora -121. Site Record on File at the South Central Coastal Information Center. California State University, Fullerton. LSA. 2009. Draft Environmental Impact Report City Hall and Park Development Plan. Prepared by LSA for the City of Newport Beach. SCH No. 2009041010. Morton, P.K. and R. V. Miller. 1981 Geologic Map of Orange County California, Showing Mines and Mineral Deposits. California Division of Mines and Geology, Bulletin 204, Plate 1. Newport Beach Police Department. 2009. Patrol and Traffic. Available: <http: / /www.nbpd.org /insidenbpd /divisions /pat_ trf/default.asp >. Accessed: November 6, 2009. Orange County Transportation Authority 2003. Orange County Congestion Management Program. Available: <http: / /www. octa.net/etfp /Final ° /u20CMP %202003 %20Document.pol>. Accessed: March 25, 2010. South Coast Air Quality Management District. 1993. CEQA Air Quality Handbook. April. Revised November 1993. Southern California Association of Governments. 2001. Employment Density Summary Report. Southern California Association of Governments. 2008. Regional Transportation Plan. Stadum, Carol J. 2010. The Geologic History of Orange County. Modified from Orange County Geology- Teacher's Guide. Available: <http: / /www.ive.edu /geology /pages /ocgeo.aspx >. Accessed: Mar 11, 2010. Newport Business Plaza 5 -4 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00912.09 City of Newport Beach Chapter 5. References State Water Resources Control Board. 2010a. Stormwater Program: 2009-0009 - DWQ Construction general permit (not effective until July], 2010) Available: <http: / /www.swrcb.ca.gov /water issues /programs /stormwater /gen_const faq .shtml #l> Accessed: March 13, 2010. State Water Resources Control Board. 2010b. Stormwater Program: Construction Storm Water Program. Available: <http: / /www.swrcb.ca.gov /water issues / programs /stormwater /construcrion.s html >. Accessed: March 13, 2010. State Water Resources Control Board. 2009. State Water Resources Control Board – Santa Ana Region. Available: <http: / /www. swrcb .ca.gov /rwgcb8 /water issues /programs /tmdl /index.shtml >. Accessed: March 31, 2010. Strudwick, Ivan H.1998 Results of Archaeological testing at Site CA -ORA -121, Locus C, Near Upper Newport Bay, Orange County, California. LSA Associates, Irvine, California. U.S. Department of Transportation. 2006. Transit Noise and Vibration Impact Assessment. Prepared for the Federal Transit Authority. U.S. Geological Survey. 2009. Earthquake Glossary – Seiche. Last revised November 3, 2009. Available: <http: / /earthquake.usgs .gov /lcam/glossary/ ?term= seiche >. Accessed on March 31, 2010. U.S. Geological Survey. 1896. Santa Ana 30- minute topographic quadrangle. U.S. Geological Survey. 1901. Santa Ana 30- minute topographic quadrangle. Ware Malcom. 2010. Site Plans 1.1. 1RV07- 0075 -01. March 15, 2010. Personal Communications Brown, Janet. Associate Planner. City of Newport Beach. Newport Beach, CA. February 17,2010—Email. Bunting, Steve. Division Chief/Fire Marshal. Newport Beach Fire Department. Newport Beach, CA April 22, 2010 – Email. Newport Business Plaza 5 -5 InitialStudy /Mitigated Negative Declaration July 2010 ICF Jss 00912.09 Chapter 6 List of Preparers Chapter 6 List of Preparers City of Newport Beach Associate Planner ICF Jones & Stokes Project Director Project Manager Aesthetics, Agriculture and Forest Resources, Biological Resources, Geology and Soils, Hazards and Hazard Materials, Hydrology and Water Quality, Mineral Resources, Population and Housing, Public Services, Recreation, and Utilities and Service Systems Land Use and Planning, Transportation and Traffic, and Mandatory Findings of Significance Air Quality and Greenhouse Gas Emissions Cultural Resources Noise Graphics Editor Janet Johnson Brown Chad Beckstrom, AICP Nicole Williams Tanya Jones Nicole Williams Victor Ortiz Mark Robinson Peter Hardie Soraya Mustain Laura Cooper Newport Business Plaza July 2010 6 -1 Initial Study /Mitigated Negative Declaration icF Jas 00872.09 Appendix A Air Quality URBEMIS2007 Model Outputs and Greenhouse Gas Emissions Calculations CONSERVATIVE ESTIMATE OF UNMITIGATED CONSTRUCTION EMISSIONS ROC NO, CO SOx Pm", Pm"" CO, Demolition Emissions On -site Total 163 22.36 10.47 - 3.10 1.36 2,349.68 Fugitive Dust - - - - 2.10 0.44 - Off- Road Diesel 2.63 22.36 10.47 - 1.00 0.92 2,349.68 Off -site Total 0.17 L99 1.48 - 0.10 0.08 387.61 On -Road Diesel 0.15 L95 0.75 - 0.09 0.08 294.33 Worker Trips 0.02 0.04 0.73 - 0.01 - 93.28 Grand Total 2.80 24.35 11.95 3.20 1.442 737.29 Site Grading Emissions On -site Total 3.08 26.09 12.53 - 7.73 2.50 2,671.12 Fugitive Dust - - - - 6.48 1.35 - Off -Road Diesel 3.08 26.09 12.53 - 1.25 1.15 2,671.12 Off-site TotaY� 0.32 3.68 2.61 6.01 0.17 0.15 701.15 On -Road Diesel 0.28 3.61 1.39 0.01 0.16 0.14 545.69 Worker Trip 0.04 0.07 1.22 0.01 0.01 155.46 Grand Total - 3.40 29.77 15.14 7.90 2.65 3,372.27 Construction On -site Total 3.15 20.98 10.44 - 1.17 1.08 2,370.43 Off-Road Dicsol, Bldg Cost 3.15 20.98 10.44 - 1.17 1.08 2,370.43 Off -site Total 0.13 0.62 325 - 0.05 0.03 460.79 Worker Trips, Bldg Cnst 0.09 0.17 187 - 0.03 0.01 366.46 Vendor Trips, Bldg Cnst 0.04 0.45 0.38 - 0.02 0.02 94.33 Grand Total 3.28 21.60 13.69 1.22 1.11 2,831.22 Concrete On -site Total 1,01 6.71 4.27 - 0.53 0.49 659.97 Off -Road Diesel, Concrete 1.01 6.71 4.27 - 0.53 0,49 659.97 Off -site Total 111110k 0.13 0.62 3.25 - 0.05 0.03 460.79 On -Road Diesel, Concrete 0.04 0.45 0.38 - 0.02 0.02 94.33 Worker Trips, Concrete 0.09 0.17 2.87 - 0.03 0.01 366.46 Grand Total 1.14 7.33 7.52 0.58 0.52 1,120.76 Architectural Finishin On -site Total 44.83 - - - - At Coatings Off -Gas 44.83 - - - - - - Off -site Total Wr 0.01 0.03 0.47 - - - 65.06 Worker Trips, Arch Coatings 0.01 0.03 0.47 - - - 65.06 Grand Total 44.84 0.03 0.47 65.06 On -site Emissions Totals Demolition 2.6 22.4 10.5 - 3.1 1.4 2,349.7 Site Grading 3.1 26.1 115 - 7.7 2.5 2,671.1 Construction 3,2 21.0 10.4 - 1.2 1.1 2,370.4 Concrete 1.0 6.7 4.3 - 0.5 0.5 660.0 Architectural Finishing 44.8 - - - - - - Maximum On -site Emissions 45 26 13 - 8 3 2,671 Localized Significance Threshold Is -- 108 1,090 -- 27 9 - Exceed Threshold? No No No No No No No Regional Emissions Totals Demolition 2.8 24.4 12.0 - 3.2 1.4 2,737.3 Site Grading 3.4 29.8 15.1 0.0 7.9 2.7 3,372.3 Construction 3.3 21.6 13.7 - 1.2 1.1 2,831.2 Concrete 1.1 7.3 7.5 - 0.6 0.5 1,120.8 Architectural Finishing 44.8 0.0 0.5 - - - 65.1 Maximum Regional Emissions 45 30 15 0 8 3 3,372 Regional Significance Threshold 75 100 550 150 150 55 Exceed Threshold? No No No No No No No Notes: URBEMIS print -out sheets and fugitive PM calculation worksheet are attached. ' Fugitive PMio and PMi y emissions estimates take into account compliance with SCAQMD Rule 403 requirements for fugitive dust suppression, which require that no visible that be present beyond the site boundaries. s The project site is located in SCAQMD SRA No. 20. These LSTs are based on the site location SRA distance to nearest sensitive receptor location from the project site (100 metes), and project area that could be under construction on any given day (one acre). IWW MJ Existing Condition Mobile Area Stationary Total Existing Project Condition Mobile Area Stationary Total Project Net Project Emissions Net Mobile Net Area Net Stationary Total Net SCAQMD Significance Threshold Difference Significant? Regional Emission Calculations (lbs /day) ROC NOx CO sox PM10 PM2.5 9.5 14.4 127.6 0.2 25.5 5.0 0.4 0.2 3.2 0.0 0.0 0.0 0.0 1.1 0.2 0.1 0.0 0.0 9.9 15.6 131.0 0.2 25.6 5.0 6.7 9.7 87.3 0.1 17.3 3.4 0.5 0.4 3.4 0.0 0.0 0.0 0.0 2.2 0.4 0.2 0.1 0.1 7.3 12.3 91.0 0.3 17.4 3.4 -2.8 -4.6 -40.3 0.0 -8.2 -1.6 0.2 0.2 0.1 0.0 0.0 0.0 0.0 1.1 0.2 0.1 0.0 0.0 -2.7 -3.3 -40.0 0.1 -8.2 -1.6 55 55 550 150 150 55 (58) (58) (590) (150) (158) (57) No No Nol No No No 3/24/2010 10:58 AM Regional Operations Emissions.xls Regional WPI Stationary Sources Electricity Usage Summary of Stationary Emissions CO ROC NOx PM10 sox Total Existing Emissions (lbs/day) Total Project Emissions (Ibs /day) Total Net Emissions (Ibs /day) ' Electricity Usage Rates from Table A9d 1 -A, CEQA Air Quality Handbook, SCAQMD, 1993. b Emission Factors from Table A9 -11 -B, CEQA Air QuaIIN Handbook, SCAQMD, 1993. ` Natural Gas Usage Rates from Table A9 -12A, CEQA Air Quality Handbook SCAQMD, 1993. ° Emission Factors from Table A9 -12 -13, CEQA Air Quality Handbook, SCAQMD, 1993. a The emission factors for NOx in its Par million cuff of natural gas are 128 for nonresidential uses and 81 for residential uses 0.19 0.02 1.08 0.03 0.09 0.38 0.03 2.22 0.07 0.20 0.20 0.81 1.14 0.04 0.11 3/24/2010 10 :58 AM Regional Operators Emissions.xls Stationary Electricity Emission Factors (Ibs /MWh) b Usage Rate Total Electricity Usage CO ROC NOx PM10 sox Land Use 1.000sak (kWh \sc.k\vr) (kWhlvearl (MWh1Dav1 0_2 0.01 115 0.04 1.12 Existing Emissions from Electricity Consumption (Ibs /day) Office 10.8 12.95 139,860 0.383 0.077 0.004 0.441 0.015 0.046 Retail 101 13.55 138,210 0.379 0.076 0.004 0.435 0.015 0.045 Hotel /Motel 0.0 9.95 0 0.000 0.000 0.000 0.000 0.000 0.000 Restaurant OA 47.45 0 0.000 0.000 0.000 0.000 0.000 0.000 Food Store 0.0 53.30 0 0.000 0.000 0.000 0.000 0.000 0.000 Warehouse 0.0 4.35 0 0.000 0.000 0.000 0.000 0.000 0.000 Colege/University, 0.0 11.55 0 0.000 0.000 0.000 0.000 0.000 0.000 High School 0.0 10.50 0 0.000 0.000 0.000 0.000 0.000 0.000 Elementary School 0.0 5.90 0 0.000 0.000 0.000 0.000 0.000 0.000 Hospital 0.0 21.70 0 0.000 0.000 0.000 0.000 0.000 0.000 Miscellaneous 0.0 10.50 0 0.000 0.000 0.000 0.000 0.000 0.000 Residential (DU) 40 5,627 0 0.000 0.000 0.000 0.000 0.000 0.000 Total Existing 278,070 0.762 0.15 0.01 0.88 0.03 0.09 Project Office 42.0 12.95 544,418 1.492 0.298 0.015 1.715 0.060 0.179 Retail 4.0 13.55 54,241 0.149 0.030 0.001 0.171 0.006 0.018 Hotel /Motel 0.0 9.95 0 0.000 0.000 0.000 0.000 0.000 0.000 Restaurant OA 47.45 0 0.000 0.000 0.000 0.000 0.000 0.000 Food Store 0.0 53.3 0 0.000 0.000 0.000 0.000 0.000 0.000 Warehouse 0.0 4.35 0 0.000 0.000 0.000 0.000 0.000 0.000 College /University, 0.0 11.55 0 0.000 0.000 0.000 0.000 0.000 0.000 High School 0.0 10.5 0 0.000 0.000 0.000 0.000 0.000 0.000 Elementary School 0.0 5.9 0 0.000 0.000 0.000 0.000 0.000 0.000 Hospital 0.0 21.7 0 0.000 0.000 0.000 0.000 0.000 0.000 Miscellaneous 0.0 10.5 0 0.000 0.000 0.000 0.000 0.000 0.000 Residential (DU) 0.0 5,627 0 0.000 0.000 0.000 0.000 0.000 0.000 Total Project 598,659 1.640 0.33 0.02 1.89 0.07 0.20 Net Emissions From Electricity Usage 0.18 0.01 1.01 0.04 0.11 Summary of Stationary Emissions CO ROC NOx PM10 sox Total Existing Emissions (lbs/day) Total Project Emissions (Ibs /day) Total Net Emissions (Ibs /day) ' Electricity Usage Rates from Table A9d 1 -A, CEQA Air Quality Handbook, SCAQMD, 1993. b Emission Factors from Table A9 -11 -B, CEQA Air QuaIIN Handbook, SCAQMD, 1993. ` Natural Gas Usage Rates from Table A9 -12A, CEQA Air Quality Handbook SCAQMD, 1993. ° Emission Factors from Table A9 -12 -13, CEQA Air Quality Handbook, SCAQMD, 1993. a The emission factors for NOx in its Par million cuff of natural gas are 128 for nonresidential uses and 81 for residential uses 0.19 0.02 1.08 0.03 0.09 0.38 0.03 2.22 0.07 0.20 0.20 0.81 1.14 0.04 0.11 3/24/2010 10 :58 AM Regional Operators Emissions.xls Stationary Page:1 3/23/2010 1:15:42 PM Urbemis 2007 Version 9.2.4 Combined Annual Emissions Reports (TonsNear) File Name: G: \Los Angeles \3_Projects \_Air Quality \City of Newport Beach \WPI \Analysis \Existing.urb924 Project Name: WPI Existing Project Location: South Coast AQMD On -Road Vehicle Emissions Based on: Version : Emfac2007 V2.3 Nov 1 2006 Off -Road Vehicle Emissions Based on: OFFROAD2007 Summary Report: AREA SOURCE EMISSION ESTIMATES TOTALS (tons/year, unmitigated) OPERATIONAL (VEHICLE) EMISSION ESTIMATES ROG NQX 0.06 0.04 ROG TOTALS (tons /year, unmitigated) 1.82 SUM OF AREA SOURCE AND OPERATIONAL EMISSION ESTIMATES ROO TOTALS (tons/year, unmitigated) 1.88 NOx 2.80 MQx 2.84 Q4 5.42 0.58 0.00 CO S02 22.97 0.02 Q4 542 23.55 0.02 PM10 PM2.5 QM 0.00 0.00 31.69 PM10 PM2.5 CO2 4.65 0.90 2,681.01 PM10 PM25 Si42 4.65 0.90 2,712.70 Page: 2 SO2 PM10 OPERATIONAL EMISSION ESTIMATES Annual Tons Per Year, Unmitigated Source 3/23/2010 1:15:42 PM NOX Bank (with drive - through) 1.66 2.57 General office building Area Source Unmitigated Detail Report: 0.23 TOTALS (tons /year, unmitigated) 1.82 2.80 4.65 AREA SOURCE EMISSION ESTIMATES Annual Tons Per Year, Unmitigated Source ROM N4u .4 X42 PM10 PM2.5 542 Natural Gas 0.00 0.03 0.02 0.00 0.00 0.00 30.66 Hearth Landscape 0.04 0.01 0.56 0.00 0.00 0.00 1.03 Consumer Products 0.00 Architectural Coatings 0.02 TOTALS (tons /year, unmitigated) 0.06 0.04 0.58 0.00 0.00 0.00 31.69 Area Source Changes to Defaults Operational Unmitigated Detail Report: SO2 PM10 OPERATIONAL EMISSION ESTIMATES Annual Tons Per Year, Unmitigated Source ROG NOX Bank (with drive - through) 1.66 2.57 General office building 0.16 0.23 TOTALS (tons /year, unmitigated) 1.82 2.80 Operational Settings: Does not include correction for passby trips Does not include double counting adjustment for internal trips Analysis Year: 2012 Season: Annual CO SO2 PM10 PM25 CO2 21.06 0.02 4.27 0.83 2,460.46 1.91 0.00 0.38 0.07 220.55 22.97 0.02 4.65 0.90 2,681.01 Page: 3 3/23/2010 1:15:42 PM Emfac: Version : Emfac2007 V2.3 Nov 1 2006 Land Use Type Bank (with drive - through) General office building Vehicle Type Light Auto Light Truck < 3750 Ibs Light Truck 3751 -5750 Ibs Mad Truck 5751 -8500 Ibs Lite -Heavy Truck 8501 - 10,000 Ibs Lite -Heavy Truck 10,001 - 14,000 Ibs Med -Heavy Truck 14,001- 33,000 Ibs Heavy -Heavy Truck 33,001- 60,000 Ibs Other Bus Urban Bus Motorcycle School Bus Motor Home Summary of Land Uses Acreage Trip Rate Unit Type No. Units Total Trips Total VMT 148.15 1000 sq ft 10.20 1,511.13 13,559.37 11.01 1000 sq ft 10.80 118.91 1,210.19 1,630.04 14,769.56 Vehicle Fleet Mix Percent Type Non - Catalyst Catalyst Diesel 51.5 0.6 99.2 0.2 7.3 1.4 95.9 2.7 23.0 0.4 99.6 0.0 10.7 0.9 99.1 0.0 1.6 0.0 81.2 18.8 0.5 0.0 60.0 40.0 0.9 0.0 22.2 77.8 0.5 0.0 0.0 100.0 0.1 0.0 0.0 100.0 0.1 0.0 0.0 100.0 2.8 60.7 39.3 0.0 0.1 0.0 0.0 100.0 0.9 0.0 88.9 11.1 Page:4 3/23/2010 1:15:42 PM Urban Trip Length (miles) Rural Trip Length (miles) Trip speeds (mph) % of Trips - Residential % of Trips - Commercial (by land use) Bank (with drive - through) General office building 2.0 1.0 97.0 35.0 17.5 47.5 Travel Conditions Residential Home -Work Home -Shop Home -Other 12.7 7.0 9.5 17.6 12.1 14.9 30.0 30.0 30.0 32.9 18.0 49.1 2.0 1.0 97.0 35.0 17.5 47.5 Commercial Commute Non -Work Customer 13.3 7.4 8.9 15.4 9.6 12.6 30.0 30.0 30.0 2.0 1.0 97.0 35.0 17.5 47.5 Page:1 312312010 1:15:49 PM Urbemis 2007 Version 9.2.4 Combined Summer Emissions Reports (Pounds /Day) File Name: G: \Los Angeles \3_Projects \_Air Quality \City of Newport Beach \WPI \Analysis \Existing.urb924 Project Name: WPI Existing Project Location: South Coast AQMD On -Road Vehicle Emissions Based on: Version : Emfac2007 V2.3 Nov 1 2006 Off -Road Vehicle Emissions Based on: OFFROAD2007 Summary Report: AREA SOURCE EMISSION ESTIMATES TOTALS (Ibs /day, unmitigated) OPERATIONAL (VEHICLE) EMISSION ESTIMATES 6QU NQA 0.38 0.18 ROG TOTALS (Ibs /day, unmitigated) 9.52 SUM OF AREA SOURCE AND OPERATIONAL EMISSION ESTIMATES ROG TOTALS (Ibs /day, unmitigated) 9.90 NOx 14.35 NQA 14.53 QQ 842 3.21 0.00 CO S02 127.56 0.15 QQ 8.42 130.77 0.15 PM10 PM25 592 0.01 0.01 173.62 PM10 PM2.5 CO2 25.51 4.96 15,171.45 PM10 PM2.5 c122 25.52 4.97 15,345.07 Page: 2 SO2 PM10 OPERATIONAL EMISSION ESTIMATES Summer Pounds Per Day, Unmitigated Source 3/23/2010 1:15:49 PM NOX Bank (with drive - through) 8.68 13.18 General office building Area Source Unmitigated Detail Report: 1.17 TOTALS (Ibs /day, unmitigated) 9.52 14.35 25.51 AREA SOURCE EMISSION ESTIMATES Summer Pounds Per Day, Unmitigated Source SIM N4u Q4 X42 PPPPM10 PM2.5 542 Natural Gas 0.01 0.14 0.12 0.00 0.00 0.00 168.00 Hearth Landscape 0.25 0.04 3.09 0.00 0.01 0.01 5.62 Consumer Products 0.00 Architectural Coatings 0.12 TOTALS (Ibs /day, unmitigated) 0.38 0.18 3.21 0.00 0.01 0.01 173.62 Area Source Changes to Defaults Operational Unmitigated Detail Report: SO2 PM10 OPERATIONAL EMISSION ESTIMATES Summer Pounds Per Day, Unmitigated Source ROG NOX Bank (with drive - through) 8.68 13.18 General office building 0.84 1.17 TOTALS (Ibs /day, unmitigated) 9.52 14.35 Operational Settings: Does not include correction for passby trips Does not include double counting adjustment for internal trips Analysis Year: 2012 Temperature (F): 80 Season: Summer CO SO2 PM10 PM25 CO2 116.92 0.14 23.42 4.55 13,923.55 10.64 0.01 2.09 0.41 1,247.90 127.56 0.15 25.51 4.96 15,171.45 Page: 3 3/23/2010 1:15:49 PM Emfac: Version : Emfac2007 V2.3 Nov 1 2006 Land Use Type Bank (with drive - through) General office building Vehicle Type Light Auto Light Truck < 3750 Ibs Light Truck 3751 -5750 Ibs Mad Truck 5751 -8500 Ibs Lite -Heavy Truck 8501 - 10,000 Ibs Lite -Heavy Truck 10,001 - 14,000 Ibs Med -Heavy Truck 14,001- 33,000 Ibs Heavy -Heavy Truck 33,001- 60,000 Ibs Other Bus Urban Bus Motorcycle School Bus Motor Home Summary of Land Uses Acreage Trip Rate Unit Type No. Units Total Trips Total VMT 148.15 1000 sq ft 10.20 1,511.13 13,559.37 11.01 1000 sq ft 10.80 118.91 1,210.19 1,630.04 14,769.56 Vehicle Fleet Mix Percent Type Non - Catalyst Catalyst Diesel 51.5 0.6 99.2 0.2 7.3 1.4 95.9 2.7 23.0 0.4 99.6 0.0 10.7 0.9 99.1 0.0 1.6 0.0 81.2 18.8 0.5 0.0 60.0 40.0 0.9 0.0 22.2 77.8 0.5 0.0 0.0 100.0 0.1 0.0 0.0 100.0 0.1 0.0 0.0 100.0 2.8 60.7 39.3 0.0 0.1 0.0 0.0 100.0 0.9 0.0 88.9 11.1 Page:4 3/23/2010 1:15:49 PM Urban Trip Length (miles) Rural Trip Length (miles) Trip speeds (mph) % of Trips - Residential % of Trips - Commercial (by land use) Bank (with drive - through) General office building 2.0 1.0 97.0 35.0 17.5 47.5 Travel Conditions Residential Home -Work Home -Shop Home -Other 12.7 7.0 9.5 17.6 12.1 14.9 30.0 30.0 30.0 32.9 18.0 49.1 2.0 1.0 97.0 35.0 17.5 47.5 Commercial Commute Non -Work Customer 13.3 7.4 8.9 15.4 9.6 12.6 30.0 30.0 30.0 2.0 1.0 97.0 35.0 17.5 47.5 Page:1 3/23/2010 1:00:17 PM Urbemis 2007 Version 9.2.4 Combined Annual Emissions Reports (TonsNear) File Name: G: \Los Angeles \3_Projects \_Air Quality \City of Newport Beach \WPI \Analysis \WPl.urb924 Project Name: WPI Project Location: South Coast AQMD On -Road Vehicle Emissions Based on: Version : Emfac2007 V2.3 Nov 1 2006 Off -Road Vehicle Emissions Based on: OFFROAD2007 Page: 2 3/23/2010 1:00:17 PM Summary Report: CONSTRUCTION EMISSION ESTIMATES EQQ UQA QQ aM PM10 Dust PM10 Exhaust PM10 PM2 5 Dust PM2.5 PM2.5 0.07 OPERATIONAL (VEHICLE) EMISSION ESTIMATES 1,891.65 S02 Exhaust 2011 TOTALS (tons /year unmitigated) 0.40 2.75 1.69 0.00 0.11 0.15 0.26 0.02 0.14 0.16 2012 TOTALS (tons /year unmitigated) 0.51 0.11 0.13 0.00 0.00 0.01 0.01 0.00 0.01 0.01 AREA SOURCE EMISSION ESTIMATES Construction Unmitigated Detail Report: CONSTRUCTION EMISSION ESTIMATES Annual Tons Per Year, Unmitigated ROG NOx CO CO S02 PM10 PM2.5 CO2 0.61 0.00 0.00 0.00 68.25 CO S02 PM10 PM2.5 CO2 15.69 0.02 3.17 0.62 1,823.40 CO ROG NOx TOTALS (tons /year, unmitigated) 0.09 0.07 OPERATIONAL (VEHICLE) EMISSION ESTIMATES 1,891.65 S02 PM10 Dust ROG NOx TOTALS (tons /year, unmitigated) 1.27 1.90 SUM OF AREA SOURCE AND OPERATIONAL EMISSION ESTIMATES ROG NOx TOTALS (tons /year, unmitigated) 1.36 1.97 Construction Unmitigated Detail Report: CONSTRUCTION EMISSION ESTIMATES Annual Tons Per Year, Unmitigated ROG NOx CO CO S02 PM10 PM2.5 CO2 0.61 0.00 0.00 0.00 68.25 CO S02 PM10 PM2.5 CO2 15.69 0.02 3.17 0.62 1,823.40 CO S02 PM10 PM2.5 CO2 16.30 0.02 3.17 0.62 1,891.65 S02 PM10 Dust PM10 Exhaust PM10 PM2.5 Dust PM2.5 Exhaust PM2.5 CO2 351.29 19.21 CO2 Page: 3 3/23/2010 1:00:17 PM 2011 0.40 2.75 1.69 0.00 0.11 0.15 0.26 0.02 0.14 0.16 351.29 Demolition 01 /17/2011- 0.01 0.12 0.06 0.00 0.01 0.01 0.02 0.00 0.00 0.01 1169 01/2812011 Fugitive Dust 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Demo Off Road Diesel 0.01 0.11 0.05 0.00 0.00 0.00 0.00 0.00 0.00 0.00 11.75 Demo On Road Diesel 0.00 0.01 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1.47 Demo Worker Trips 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.47 Mass Grading 01131/2011- 0.05 0.45 0.23 0.00 0.10 0.02 0.12 0.02 0.02 0.04 50.58 03/11/2011 Mass Grading Dust 0.00 0.00 0.00 0.00 0.10 0.00 0.10 0.02 0.00 0.02 0.00 Mass Grading Off Road Diesel 0.05 0.39 0.19 0.00 0.00 0.02 0.02 0.00 0.02 0.02 40.07 Mass Grading On Road Diesel 0.00 0.05 0.02 0.00 0.00 0.00 0.00 0.00 0.00 0.00 8.19 Mass Grading Worker Trips 0.00 0.00 0.02 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2.33 Building 03 /14/2011- 12/14/2011 0.32 2.14 136 0.00 0.00 0.12 0.12 0.00 0.11 0.11 280.29 Building Off Road Diesel 0.31 2.08 1.03 0.00 0.00 0.12 0.12 0.00 0.11 0.11 234.67 Building Vendor Trips 0.00 0.04 0.04 0.00 0.00 0.00 0.00 0.00 0.00 0.00 934 Building Worker Trips 0.01 0.02 0.28 0.00 0.00 0.00 0.00 0.00 0.00 0.00 36.28 Building 12/15/2011- 02/15/2012 0.01 0.04 0.05 0.00 0.00 0.00 0.00 0.00 0.00 0.00 6.72 Building Off Road Diesel 0.01 0.04 0.03 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3.96 Building Vendor Trips 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.57 Building Worker Trips 0.00 0.00 0.02 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2.20 Page: 4 3/23/2010 1:00:17 PM 2012 0.51 0.11 0.13 0.00 0.00 0.01 0.01 0.00 0.01 0.01 19.21 Building 12/15/2011- 02/15/2012 0.02 0.11 0.12 0.00 0.00 0.01 0.01 0.00 0.01 0.01 18.49 Building Off Road Diesel 0.02 0.10 0.07 0.00 0.00 0.01 0.01 0.00 0.01 0.01 10.89 Building Vendor Trips 0.00 0.01 0.01 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1.56 Building Worker Trips 0.00 0.00 0.04 0.00 0.00 0.00 0.00 0.00 0.00 0.00 6.05 Coating 02116/2012 - 03/16/2012 0.49 0.00 0.01 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.72 Architectural Coating 0.49 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Coating Worker Trips 0.00 0.00 0.01 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.72 Phase Assumptions Phase: Demolition 1/17/2011 - 1/28/2011 - Demolition Building Volume Total (cubic feet): 0 Building Volume Daily (cubic feet): 5000 On Road Truck Travel (VMT): 69.44 Off -Road Equipment: 1 Off Highway Trucks (479 hp) operating at a 0.57 load factor for 6 hours per day 1 Rubber Tired Dozers (357 hp) operating at a 0.59 load factor for 6 hours per day 1 Tractors /Loaders /Backhoes (108 hp) operating at a 0.55 load factor for 6 hours per day Phase: Mass Grading 1/31/2011 - 3/11/2011 - Grading Total Acres Disturbed: 2.11 Maximum Daily Acreage Disturbed: 0.53 Fugitive Dust Level of Detail: Default 12.22 Ibs per acre -day On Road Truck Travel (VMT): 128.75 Off -Road Equipment: 1 Graders (174 hp) operating at a 0.61 load factor for 6 hours per day 1 Off Highway Tractors (267 hp) operating at a 0.65 load factor for 6 hours per day Page: 5 3/23/2010 1:00:17 PM 1 Off Highway Trucks (479 hp) operating at a 0.57 load factor for 4 hours per day 1 Tractors /Loaders /Backhoes (108 hp) operating at a 0.55 load factor for 7 hours per day 1 Water Trucks (189 hp) operating at a 0.5 load factor for 4 hours per day Phase: Building Construction 3/14/2011 - 12/14/2011 - Construction Off -Road Equipment: i Cranes (399 hp) operating at a 0.43 load factor for 4 hours per day i Forklifts (145 hp) operating at a 0.3 load factor for 6 hours per day 1 Generator Sets (49 hp) operating at a 0.74 load factor for 8 hours per day 1 Off Highway Trucks (479 hp) operating at a 0.57 load factor for 6 hours per day 1 Pumps (53 hp) operating at a 0.74 load factor for 6 hours per day 1 Tractors /Loaders /Backhoes (108 hp) operating at a 0.55 load factor for 6 hours per day Phase: Building Construction 12/15/2011 - 2/15/2012 - Concrete Off -Road Equipment: 2 Forklifts (145 hp) operating at a 0.3 load factor for 6 hours per day i Pumps (53 hp) operating at a 0.74 load factor for 6 hours per day i Tractors /Loaders /Backhoes (108 hp) operating at a 0.55 load factor for 6 hours per day Phase: Architectural Coating 2/16/2012 - 3/16/2012 - Architectural Coating Rule: Residential Interior Coatings begins 1/1/2005 ends 6/30/2008 specifies a VOC of 100 Rule: Residential Interior Coatings begins 7/1/2008 ends 12/31/2040 specifies a VOC of 50 Rule: Residential Exterior Coatings begins 1/1/2005 ends 6/30/2008 specifies a VOC of 250 Rule: Residential Exterior Coatings begins 7/1/2008 ends 12/31/2040 specifies a VOC of 100 Rule: Nonresidential Interior Coatings begins 1/1/2005 ends 12/31/2040 specifies a VOC of 250 Rule: Nonresidential Exterior Coatings begins 1/1/2005 ends 12/31/2040 specifies a VOC of 250 Page: 6 SO2 PM10 OPERATIONAL EMISSION ESTIMATES Annual Tons Per Year, Unmitigated Source 3/23/2010 1:00:17 PM NOX Bank (with drive - through) 0.65 1.01 General office building Area Source Unmitigated Detail Report: 0.89 TOTALS (tons /year, unmitigated) 1.27 1.90 3.17 AREA SOURCE EMISSION ESTIMATES Annual Tons Per Year, Unmitigated Source ROM N4x C4 X42 PM10 PM2.5 542 Natural Gas 0.00 0.06 0.05 0.00 0.00 0.00 67.22 Hearth Landscape 0.04 0.01 0.56 0.00 0.00 0.00 1.03 Consumer Products 0.00 Architectural Coatings 0.05 TOTALS (tons /year, unmitigated) 0.09 0.07 0.61 0.00 0.00 0.00 68.25 Area Source Changes to Defaults Operational Unmitigated Detail Report: SO2 PM10 OPERATIONAL EMISSION ESTIMATES Annual Tons Per Year, Unmitigated Source ROG NOX Bank (with drive - through) 0.65 1.01 General office building 0.62 0.89 TOTALS (tons /year, unmitigated) 1.27 1.90 Operational Settings: Does not include correction for passby trips Does not include double counting adjustment for internal trips Analysis Year: 2012 Season: Annual CO SO2 PM10 PM25 CO2 8.26 0.01 1.68 0.33 964.89 7.43 0.01 1.49 0.29 858.51 15.69 0.02 3.17 0.62 1,823.40 Page: 7 3/23/2010 1:00:17 PM Emfac: Version : Emfac2007 V2.3 Nov 1 2006 Land Use Type Bank (with drive - through) General office building Vehicle Type Light Auto Light Truck < 3750 Ibs Light Truck 3751 -5750 Ibs Mad Truck 5751 -8500 Ibs Lite -Heavy Truck 8501 - 10,000 Ibs Lite -Heavy Truck 10,001 - 14,000 Ibs Med -Heavy Truck 14,001- 33,000 Ibs Heavy -Heavy Truck 33,001- 60,000 Ibs Other Bus Urban Bus Motorcycle School Bus Motor Home Summary of Land Uses Acreage Trip Rate Unit Type No. Units Total Trips Total VMT 148.15 1000 sq ft 4.00 592.60 5,317.40 11.01 1000 sq ft 42.04 462.86 4,710.76 1,055.46 10,028.16 Vehicle Fleet Mix Percent Type Non - Catalyst Catalyst Diesel 51.5 0.6 99.2 0.2 7.3 1.4 95.9 2.7 23.0 0.4 99.6 0.0 10.7 0.9 99.1 0.0 1.6 0.0 81.2 18.8 0.5 0.0 60.0 40.0 0.9 0.0 22.2 77.8 0.5 0.0 0.0 100.0 0.1 0.0 0.0 100.0 0.1 0.0 0.0 100.0 2.8 60.7 39.3 0.0 0.1 0.0 0.0 100.0 0.9 0.0 88.9 11.1 Page:8 3/23/2010 1:00:17 PM Urban Trip Length (miles) Rural Trip Length (miles) Trip speeds (mph) % of Trips - Residential % of Trips - Commercial (by land use) Bank (with drive - through) General office building 2.0 1.0 97.0 35.0 17.5 47.5 Travel Conditions Residential Home -Work Home -Shop Home -Other 12.7 7.0 9.5 17.6 12.1 14.9 30.0 30.0 30.0 32.9 18.0 49.1 2.0 1.0 97.0 35.0 17.5 47.5 Commercial Commute Non -Work Customer 13.3 7.4 8.9 15.4 9.6 12.6 30.0 30.0 30.0 2.0 1.0 97.0 35.0 17.5 47.5 Page:1 3/23/2010 1:00:23 PM Urbemis 2007 Version 9.2.4 Combined Summer Emissions Reports (Pounds /Day) File Name: G: \Los Angeles \3_Projects \_Air Quality \City of Newport Beach \WPI \Analysis \WPl.urb924 Project Name: WPI Project Location: South Coast AQMD On -Road Vehicle Emissions Based on: Version : Emfac2007 V2.3 Nov 1 2006 Off -Road Vehicle Emissions Based on: OFFROAD2007 Page: 2 3/23/2010 1:00:23 PM Summary Report: CONSTRUCTION EMISSION ESTIMATES ROG dQ.X QQ 842 PM10 Dust PM10 Exhaust PM10 PM2.5 Dust PM2 5 PM2.5 0.35 OPERATIONAL (VEHICLE) EMISSION ESTIMATES 10,691.73 S02 Exhaust 2011 TOTALS (Ibs /day unmitigated) 3.40 29.77 15.14 0.01 6.50 1.40 7.90 1.36 1.29 2.65 2012 TOTALS (Ibs /day unmitigated) 44.84 6.78 7.27 0.00 0.02 0.51 0.53 0.01 0.47 0.47 AREA SOURCE EMISSION ESTIMATES Construction Unmitigated Detail Report: CONSTRUCTION EMISSION ESTIMATES Summer Pounds Per Day, Unmitigated ROG NOx CO CO S02 PM10 PM2.5 CO2 3.35 0.00 0.01 0.01 373.94 CO S02 PM10 PM2.5 CO2 87.25 0.11 17.32 3.36 10,317.79 CO ROG NOx TOTALS (Ibs /day, unmitigated) 0.54 0.35 OPERATIONAL (VEHICLE) EMISSION ESTIMATES 10,691.73 S02 PM10 Dust ROG NOx TOTALS (Ibs /day, unmitigated) 6.68 9.71 SUM OF AREA SOURCE AND OPERATIONAL EMISSION ESTIMATES ROG NOx TOTALS (Ibs /day, unmitigated) 7.22 10.06 Construction Unmitigated Detail Report: CONSTRUCTION EMISSION ESTIMATES Summer Pounds Per Day, Unmitigated ROG NOx CO CO S02 PM10 PM2.5 CO2 3.35 0.00 0.01 0.01 373.94 CO S02 PM10 PM2.5 CO2 87.25 0.11 17.32 3.36 10,317.79 CO S02 PM10 PM2.5 CO2 90.60 0.11 17.33 3.37 10,691.73 S02 PM10 Dust PM10 Exhaust PM10 PM2.5 Dust PM2.5 Exhaust PM2.5 CO2 3,372.28 1,120.69 CO2 Page: 3 3/23/2010 1:00:23 PM Time Slice 1/17/2011- 1/28/2011 2.80 24.35 11.95 0.00 2.11 1.08 3.19 0.44 0.99 1.43 2,737.29 Active Days: 10 Demolition 01/17/2011- 2.80 24.35 11.95 0.00 2.11 1.08 3.19 0.44 0.99 1.43 2,737.29 01/2812011 Fugitive Dust 0.00 0.00 0.00 0.00 2.10 0.00 2.10 0.44 0.00 0.44 0.00 Demo Off Road Diesel 2.63 22.36 10.47 0.00 0.00 1.00 1.00 0.00 0.92 0.92 2,349.68 Demo On Road Diesel 0.15 1.95 0.75 0.00 0.01 0.08 0.09 0.00 0.07 0.08 294.33 Demo Worker Trips 0.02 0.04 0.73 0.00 0.00 0.00 0.01 0.00 0.00 0.00 93.28 Time Slice 1/31/2011- 3/11/2011 3.40 29_77 15_14 0.01 6.50 1.40 7.90 1.36 1.29 2.65 372.28 Active Days: 30 Mass Grading 01/31/2011- 3.40 29.77 15.14 0.01 6.50 1.40 7.90 1.36 1.29 2.65 3,372.28 03/11/2011 Mass Grading Dust 0.00 0.00 0.00 0.00 6.48 0.00 6.48 1.35 0.00 1.35 0.00 Mass Grading Off Road Diesel 3.08 26.09 12.53 0.00 0.00 1.25 1.25 0.00 1.15 1.15 2,671.12 Mass Grading On Road Diesel 0.28 3.61 1.39 0.01 0.02 0.14 0.16 0.01 0.13 0.14 545.69 Mass Grading Worker Trips 0.04 0.07 1.22 0.00 0.01 0.00 0.01 0.00 0.00 0.01 155.46 Time Slice 3/14/2011- 12/14/2011 3.27 21.60 13.70 0.00 0.02 1.20 1.22 0.01 1.11 1.11 2,831.21 Active Days: 198 Building 03/14/2011- 12/14/2011 3.27 21.60 13.70 0.00 0.02 1.20 1.22 0.01 1.11 1.11 2,831.21 Building Off Road Diesel 3.15 20.98 10.44 0.00 0.00 1.17 1.17 0.00 1.08 1.08 2,370.43 Building Vendor Trips 0.04 0.45 0.38 0.00 0.00 0.02 0.02 0.00 0.02 0.02 94.33 Building Worker Trips 0.09 0.17 2.87 0.00 0.02 0.01 0.03 0.01 0.01 0.01 366.46 Time Slice 12/15/2011 - 12/30/2011 1.14 7.32 7.53 0.00 0.02 0.56 0.58 0.01 0.51 0.52 1,120.75 Active Days: 12 Building 12/15/2011- 02/15/2012 1.14 7.32 7.53 0.00 0.02 0.56 0.58 0.01 0.51 0.52 1,120.75 Building Off Road Diesel 1.01 6.71 4.27 0.00 0.00 0.53 0.53 0.00 0.49 0.49 659.97 Building Vendor Trips 0.04 0.45 0.38 0.00 0.00 0.02 0.02 0.00 0.02 0.02 94.33 Building Worker Trips 0.09 0.17 2.87 0.00 0.02 0.01 0.03 0.01 0.01 0.01 366.46 Page: 4 3/23/2010 1:00:23 PM Time Slice 1/2/2012 - 2/1512012 1.04 61$, Z,2Z QM L42 2.0 9.;23 0..01 9.4Z QAZ 1.,120.69 Active Days: 33 Building 12/15/2011- 02/15/2012 1.04 6.78 7.27 0.00 0.02 0.51 0.53 0.01 0.47 0.47 1,120.69 Building Off Road Diesel 0.92 6.23 4.24 0.00 0.00 0.48 0.48 0.00 0.44 0.44 659.97 Building Vendor Trips 0.04 0.40 0.35 0.00 0.00 0.02 0.02 0.00 0.02 0.02 94.33 Building Worker Trips 0.08 0.15 2.67 0.00 0.02 0.01 0.03 0.01 0.01 0.01 366.39 Time Slice 2/1612012- 3116/2012 44.84 0.03 0.47 0.00 0.00 0.00 0.00 0.00 0.00 0.00 65.06 Active Days: 22 Coating 02/16/2012 - 03/1612012 44.84 0.03 0.47 0.00 0.00 0.00 0.00 0.00 0.00 0.00 65.06 Architectural Coating 44.83 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Coating Worker Trips 0.01 0.03 0.47 0.00 0.00 0.00 0.00 0.00 0.00 0.00 65.06 Phase Assumotions Phase: Demolition 1/17/2011 - 1/28/2011 - Demolition Building Volume Total (cubic feet): 0 Building Volume Daily (cubic feet): 5000 On Road Truck Travel (VMT): 69.44 Off -Road Equipment: 1 Off Highway Trucks (479 hp) operating at a 0.57 load factor for 6 hours per day 1 Rubber Tired Dozers (357 hp) operating at a 0.59 load factor for 6 hours per day 1 Tractors /Loaders /Backhoes (108 hp) operating at a 0.55 load factor for 6 hours per day Phase: Mass Grading 1/31/2011 - 3/11/2011 - Grading Total Acres Disturbed: 2.11 Maximum Daily Acreage Disturbed: 0.53 Fugitive Dust Level of Detail: Default 12.22 Ibs per acre -day On Road Truck Travel (VMT): 128.75 Off -Road Equipment: Page: 5 3/23/2010 1:00:23 PM 1 Graders (174 hp) operating at a 0.61 load factor for 6 hours per day 1 Off Highway Tractors (267 hp) operating at a 0.65 load factor for 6 hours per day 1 Off Highway Trucks (479 hp) operating at a 0.57 load factor for 4 hours per day 1 Tractors /Loaders /Backhoes (108 hp) operating at a 0.55 load factor for 7 hours per day i Water Trucks (189 hp) operating at a 0.5 load factor for 4 hours per day Phase: Building Construction 3/14/2011 - 12/14/2011 - Construction Off -Road Equipment: 1 Cranes (399 hp) operating at a 0.43 load factor for 4 hours per day 1 Forklifts (145 hp) operating at a 0.3 load factor for 6 hours per day 1 Generator Sets (49 hp) operating at a 0.74 load factor for 8 hours per day 1 Off Highway Trucks (479 hp) operating at a 0.57 load factor for 6 hours per day 1 Pumps (53 hp) operating at a 0.74 load factor for 6 hours per day 1 Tractors /Loaders /Backhoes (108 hp) operating at a 0.55 load factor for 6 hours per day Phase: Building Construction 12/15/2011 - 2/15/2012 - Concrete Off -Road Equipment: 2 Forklifts (145 hp) operating at a 0.3 load factor for 6 hours per day i Pumps (53 hp) operating at a 0.74 load factor for 6 hours per day i Tractors /Loaders /Backhoes (108 hp) operating at a 0.55 load factor for 6 hours per day Phase: Architectural Coating 2/16 /2012 - 3/16/2012 - Architectural Coating Rule: Residential Interior Coatings begins 111/2005 ends 613012008 specifies a VOC of 100 Rule: Residential Interior Coatings begins 7/1/2008 ends 12/31/2040 specifies a VOC of 50 Rule: Residential Exterior Coatings begins 1/1/2005 ends 6/3012008 specifies a VOC of 250 Rule: Residential Exterior Coatings begins 7/1/2008 ends 12/31/2040 specifies a VOC of 100 Rule: Nonresidential Interior Coatings begins 1/1/2005 ends 12/31/2040 specifies a VOC of 250 Rule: Nonresidential Exterior Coatings begins 1/1/2005 ends 12131/2040 specifies a VOC of 250 Page: 6 SO2 PM10 OPERATIONAL EMISSION ESTIMATES Summer Pounds Per Day, Unmitigated Source 3/23/2010 1:00:23 PM NOX Bank (with drive - through) 3.40 5.17 General office building Area Source Unmitigated Detail Report: 4.54 TOTALS (Ibs /day, unmitigated) 6.68 9.71 17.32 AREA SOURCE EMISSION ESTIMATES Summer Pounds Per Day, Unmitigated Source ROG hm Q4 5_Q2 PM10 PM2.5 M2 Natural Gas 0.02 0.31 0.26 0.00 0.00 0.00 368.32 Hearth Landscape 0.25 0.04 3.09 0.00 0.01 0.01 5.62 Consumer Products 0.00 Architectural Coatings 0.27 TOTALS (Ibs /day, unmitigated) 0.54 0.35 3.35 0.00 0.01 0.01 373.94 Area Source Changes to Defaults Operational Unmitigated Detail Report: SO2 PM10 OPERATIONAL EMISSION ESTIMATES Summer Pounds Per Day, Unmitigated Source ROG NOX Bank (with drive - through) 3.40 5.17 General office building 3.28 4.54 TOTALS (Ibs /day, unmitigated) 6.68 9.71 Operational Settings: Does not include correction for passby trips Does not include double counting adjustment for internal trips Analysis Year: 2012 Temperature (F): 80 Season: Summer CO SO2 PM10 PM25 CO2 45.85 0.06 9.18 1.78 5,460.22 41.40 0.05 8.14 1.58 4,857.57 87.25 0.11 17.32 3.36 10,317.79 Page: 7 3/23/2010 1:00:23 PM Emfac: Version : Emfac2007 V2.3 Nov 1 2006 Land Use Type Bank (with drive - through) General office building Vehicle Type Light Auto Light Truck < 3750 Ibs Light Truck 3751 -5750 Ibs Mad Truck 5751 -8500 Ibs Lite -Heavy Truck 8501 - 10,000 Ibs Lite -Heavy Truck 10,001 - 14,000 Ibs Med -Heavy Truck 14,001- 33,000 Ibs Heavy -Heavy Truck 33,001- 60,000 Ibs Other Bus Urban Bus Motorcycle School Bus Motor Home Summary of Land Uses Acreage Trip Rate Unit Type No. Units Total Trips Total VMT 148.15 1000 sq ft 4.00 592.60 5,317.40 11.01 1000 sq ft 42.04 462.86 4,710.76 1,055.46 10,028.16 Vehicle Fleet Mix Percent Type Non - Catalyst Catalyst Diesel 51.5 0.6 99.2 0.2 7.3 1.4 95.9 2.7 23.0 0.4 99.6 0.0 10.7 0.9 99.1 0.0 1.6 0.0 81.2 18.8 0.5 0.0 60.0 40.0 0.9 0.0 22.2 77.8 0.5 0.0 0.0 100.0 0.1 0.0 0.0 100.0 0.1 0.0 0.0 100.0 2.8 60.7 39.3 0.0 0.1 0.0 0.0 100.0 0.9 0.0 88.9 11.1 Page:8 3/23/2010 1:00:23 PM Urban Trip Length (miles) Rural Trip Length (miles) Trip speeds (mph) % of Trips - Residential % of Trips - Commercial (by land use) Bank (with drive - through) General office building 2.0 1.0 97.0 35.0 17.5 47.5 Travel Conditions Residential Home -Work Home -Shop Home -Other 12.7 7.0 9.5 17.6 12.1 14.9 30.0 30.0 30.0 32.9 18.0 49.1 2.0 1.0 97.0 35.0 17.5 47.5 Commercial Commute Non -Work Customer 13.3 7.4 8.9 15.4 9.6 12.6 30.0 30.0 30.0 2.0 1.0 97.0 35.0 17.5 47.5 Table 6. Total estimated GAG emissions from construction Input Emissions Off Road Emissions I On road Emissions Year of Construction CO2 (metric CH4 (metric N20 (metric I CO2 (metric I Other (metric CO2e (metric 2010 - - - - - - 2011 263.5 0.0 0.0 55.2 2.9 324.0 2012 9.9 0.0 0.0 7.6 0.4 17.9 2013 - - - - - - 2014 - - - - - - 2015 - - - - - - 2016 - - - - - - 2017 - - - - - - 2018 - - - - - - 2019 - - - - - - 2020 - - - - - - 2021 - - - - - - 2022 - - - - - - 2023 - - - - - - 2024 - - - - - - 2025 - - - - - - 2026 - - - - - - 2027 - - - - - - 2028 - - - - 2029 - - - - 2030 - - - - Sources: URBEMIS 2007; CCAR 2008. 9.5 Diesel Fuel CO2 CH4 N20 kg CO2 /gal diesel 10.15 0.00058 0.00026 g /gal diesel construction equip 0.58 0.26 ratio 11 5.71429E -05 2.56158E -05 Source: CH4 and N20 from Construction tons /metric ton I Percent other GAS CH4 I N20 0.90718474 1 5.00% GWP 1 211 310 CH4 and N20 from Construction Author: Brian Schuster Date: August 11, 2008 Methodology: Calculated ratio of CO2 emissions per gallon diesel fuel to CH4 and N20 to determine CH4 and N20 emissions from construction equipment Used CCAR May 2008 Efs Sources: CCAR General Reporting Protocol May 2008 (pg. 93, 96) CCAR General Reporting Protocol May 2008 (pg. 93, 96) Assumptions: Diesel Fuel kg CO2 /gal diesel g /gal diesel construction equip ratio CO2 CH4 N20 10.15 0.00058 0.00026 0.58 0.26 1 5.71E -05 2.56158E -05 Gasoline CO2 CH4 N20 kg CO2 /gal gasoline 8.81 g/mi passenger (2005) 0.0147 0.0079 g/mi light truck (2005) 0.0157 0.0101 ratio 1 0 ;rx�I�I�IrP.f trx�IrIrAX3 WPI Project Condition Mobile- source Natural Gas Combustion Electricity Demand Related Water Consumption Related Total Project Greenhouse Gas Emissions (Metric Tons per Year) Year 2020 AB32 Scoping Non - mitigated Percent Business as Plan Reductions Year 2020 Reductions Usual Emissions from BAU 1,842 (548) 1,294 29.8% 22 (2) 20 9.0% 275 (91) 184 33.0% 1 (o) 1 33.0% 2,139.40 (641.27) 1,498.14 30.0% 2020 GHG Emissions Percent Below Business as Usual AB 32 Percentage Below Business as Usual Target Percentage Meet /Exceed AB 32 GHG Reduction Target? Summary of AB32 Scoping Plan Reductions Mobile-Source Pavley Emissions Standards Low Carbon Fuel Standard Vehicle Efficiency Measures Natural Gas Transmission and Distribution Emission Reductions Extraction Emission Reductions Electricity/Water Pumping Renewables Portfolio Standard AB 32 Reduction Target Calculation 2020 California CO2e Emissions Inventory BAU Forecast (MMT) 1990 California CO2e Emissions Inventory (MMT) AB 32 Reduction Target (MMT) Required Reduction from Year 2020 BAU Emissions 30.0% 28.5% Yes 19.8% 7.2% 2.8% 7.4% 1.6% 33.0% 596.40 426.60 169.8 28.5% 3/24/2010 11:59 AM Regional Operations Emissions.xls GHG Regional ma Tmm relating 21k.M00 Pro M Total Existing Elednny OINCU 020 12.95 59461000 Uease R.I.- Toul ElecVlci. V.... Land Use 100oas fItWMeoAlerl NWf Myer MW( rslayf Existing 0.0 0165 - Foodso. Me 10.0 1285 139,860.00 030 Retail 102 1655 130.21000 030 Haay.., 00 g95 - Reelaumnl 0.0 47AS - - Food so 00 53.30 - - Warehouse 00 435 - - GnU%elUnNemBy 00 1135 - HghSC. 00 10.50 - - Elemenlary SMON OU 5.90 - - HnapiUl 00 25,0 - - Mlstallanaoue 00 1050 - ResrCentiallOU) 00 5:827 - - Tmm relating 21k.M00 Pro M Total Existing Neural Gas OINCU 020 12.95 59461000 Retail 60 1355 51.26065 Riney.., 00 gas - Reelau mnl 0.0 0165 - Foodso. 00 53.3 - Wareh- 00 0.35 - Couegelumvemiy 00 113s Hgh SC. 00 10:5 - Elemenlary SMON 00 59 - HaaplUl 00 21.7 .1-11- moue 00 10.s R- dentmI IOU) 00 5.627 - Natural Gas Usage Stationary Sources Emission Facsom glasIN VOU ° CO. CH, N,O COae 000.. 0,007 OAU7 MIT Emissions from EleNlclty (1.1d.1) 30826 0Ie 000 30666 300.55 0Ie 000 305.02 a76 612.93 0.01 0.00 E13.6T 1AO 1.200.02 001 001 120209 0.15 11956 0. 0.00 11989 Tahl Prolecl 593.650.65 1.., 1,319." 001 0.01 1,32195 Nel Eml..I.n. From EkcOlcRy Usage 706.65 001 0.01 10330 Summary of Stationary Emissions Total Existing Neural Gas 1,7 50,35600 20411 Emiaaian Fedora (kyMMBlu) ° 000 205.31 Usage Rate Trial Natural Gas Usage CO, CH, N,O CO,e Und Use 1006 s °ry 1- M- M-Mmel II, M-1 ffih,vlr sa nc 00059 00001 211310° Existing 475. "600 338.31 000 Embaians hom Nalunl Gae (fie. I) Use 100 20 21,00000 738,720.00 erC 001 000 se Retail 102 2.9 29. "000 1,011.0600 118.32 001 000 118.88 H:Iamolel 0.0 0.0 - - - - - - ResUew t 00 40 - - - - - - FaonObre 00 29 - - - - - - Warehouae 00 2.0 - - - - - - couegelunlversny 00 4S - - - - - - .I',Scha& - - - - - .mmenlaryOMml 00 20 - - - - - - Haepilal 00 09 - - - - - - Oscaraneou5 OA 29 - - - - - - RMden0ell01rgleFamllyOU) 00 Baas - - - R:mdenOellMub- Famlly DU) 00 4.012 - - - Summary of Stationary Emissions Total Existing 51,100.00 1,7 50,35600 20411 002 000 205.31 P.J. eqe Trial E merg Emssians (maleay) 81150 003 000 .te.ge Tool Project Emisslone(maleay) OHma 420 2e 841"600 475. "600 338.31 000 000 337.24 Relall 40 29 - - - - - - .e.m.el 00 40 - - - - - - Reslawanl 00 40 - - - - - F. St'. 00 2.9 - - - - - - Warennuse 00 2n - - - - - - CollegeNnlversny 00 48 - - - - - - HlghOah -11 00 2. - - - - - - Ebmenlsry S. -I 00 2.0 - - - - - - Husplbl OA 48 Mlazellanealu 00 29 - - - - Resl0an0ell61rgleFamlly0U) 00 6.885 - - - - - - ResidsnllMlMuO,FamAyOU) 00 4.012 - - - - - - Total Pro)xl 80,09000 2,075, "600 336.31 004 0s. 331.2. NHEmWbne From Nahutl Gee Wage 131." 0.01 0.00 131." Summary of Stationary Emissions eq eH, N,O eqe Trial E merg Emssians (maleay) 81150 003 000 .te.ge Tool Project Emisslone(maleay) 1,655." 005 U1 165§2! TWI Net Emissions p6a1day) 938.x4 0oz 0.91 97.2. Elaseery Usage as Opn.. A311A CEOA se GU.11M. 111.F. BCPGM0, 1993. maaion n se, e e e rmnu une m egieuy. ua T 2607. Ciloaal W-119 Pmamlm ee21 M CH, and 310 M Np IG-1R mcm,Caff -1, Clrmab Panora flegrsuy. Marta 2.1 e..1 as Users Pm lmn Tank A312A /'Fns pa Q-1, A.U. 1933. maann rs m T,M, and Tmla C S, Ganaml Rsm m,q om. rnmia rma oe Rases, . ms -2W7. 11CUd¢Fm olnU m19m= 106 RIU. Fnegy I Mmn ,Adm naaadon. ArGadle anp:IMwrr nedce.9mldesme/mmersim buka.hanl 384/2010 1059PM Regmnal Ogmadone Em ....... As GHG Stationary WPI Mobile Sources Mobile Sources Total Existing 1.57 1.36 3.05 3.63 1,189.41 Percent Tvoe VMT by Tyne Emission Factors' CH4 Nt0 COye Vehicle Tyne 100 14769.56 CH4 N2O 211310" Existing Emissions fram Mobile Sources (lbs /day( Light Auto 51.6 7,621.09 0.06 0.08 1.01 1.34 437.85 Light Truck< 3750 lbs 7.3 1,078.18 0.11 0.14 0.26 0.33 108.65 Light Truck 3751 -5750 lbs 23.0 3,397.00 0.11 0.14 0.82 1.05 342.33 Mad Truck 5751 -8500 Ids 10.6 1,565.57 0.12 0.20 0.41 0.69 222.69 Lite -Heavy Truck 8501- 10,00016s 1.6 236.31 0.12 0.20 0.06 0.10 33.61 Lite -Heavy Truck 10,001 - 14,000 Ina 0.5 73.85 0.12 0.20 0.02 0.03 10.50 Med -Heavy Truck 14,001- 33,000Ibs 0.9 132.93 0.08 0.05 0.02 0.01 5.03 Heavy -Heavy Truck 33,001- 60,00016s 0.5 73.85 0.08 0.05 0.01 0.01 2.80 Other Bus 0.1 14.77 0.08 0.05 0.00 0.00 0.56 Urban Bus 0.1 14.77 0.08 0.05 0.00 0.00 0.56 Motorcycle 2.8 413.55 0.42 0.01 0.38 0.01 10.87 School Bus 0.1 14.77 0.08 0.05 0,00 0.00 0.56 Motor Home 0.9 132.93 0.11 0.14 0.03 0.04 13.40 Total Existing 1.57 1.36 3.05 3.63 1,189.41 a Emission factors from Table CA General Reporting Protowl, California Climate Action Regis", March 2007. b Global Warming Potential is 21 for CH4 and 310 for N20, General Reporting Protocol, California Climate Action Registry , March 2007. 3/24/2010 10:59 AM Regional Operations Emissions.xls GHG Mobile Percent TVee VMT by Tyne Emission Factors° CH4 Nt0 COte Vehicle Tyne 100 10028.16 CH4 N2O 211310° Project Light Auto 51.6 5,174.53 0.06 0.08 0.68 0.91 297.29 Light Truck <37501bs 7.3 732.06 0.11 0.14 0,18 0.23 73.77 Light Truck 3751- 575016s 23.0 2,306.48 0.11 0.14 0.56 0.71 232.43 Med Truck 5751- 850016s 10.6 1,062.98 0.12 0.20 0.28 0.47 151.20 Lite-Heavy Truck 8501 A0,000 16s 1.6 160.45 0.12 0.20 0.04 0.07 22.82 Lite -Heavy Truck 10,001- 14,000Ibs 0.5 50.14 0.12 0.20 0.01 0.02 7.13 Med -Heavy Truck 14,001- 33,000Ibs 0.9 90.25 0.08 0.05 0.02 0.01 3.42 Henry -Heavy Truck 33,001- 60,0001bs 0.5 50.14 0.08 0.05 0.01 0.01 1.90 Other Bus 0.1 10.03 0.08 0.05 0.00 0.00 0.38 Urban Bus 0.1 10.03 0.08 0.05 0.00 0.00 0.38 Motorcycle 2.8 280.79 0.42 0.01 0.26 0.01 7.38 School Bus 0.1 10.03 0.08 0.05 0.00 0.00 0.38 Motor Home 0.9 90.25 0.11 0.14 0.02 0.03 9.10 Total Project 1.57 1.36 2.07 2.46 807.58 Net Emissions From Mobile Sources (0.98) (1.17) (381.83) a Emission factors from Table CA General Reporting Protowl, California Climate Action Regis", March 2007. b Global Warming Potential is 21 for CH4 and 310 for N20, General Reporting Protocol, California Climate Action Registry , March 2007. 3/24/2010 10:59 AM Regional Operations Emissions.xls GHG Mobile Enter Data in all yellow highlighted cells using CAMX emission factors SWP Energy Intensity ISWP west branch MWD Energy Intensity: IMWDwestbranch Southern California Average N/A 9,232 kWh /MG (includes losses) 1,013 kWh /MG (includes losses) 9,727 kWh /MG (includes losses) fategory Water Energy Use (kWh) 9W CH4 j 20 CO2 CO2e Year acre /ft Importation (kg /year) (metric tons /year) Imported from SWP 0 0.00 0.00 0 0 Imported from MWD 0 0.00 0.00 0 0 OR Southern California Average 4 11,666 0.16 0.04 3,773 4 For all other Sources: Emission Factor: CO2 0.323405 kg/kWh Emission Factor: CH4 0.000014 kg /kWh Emission Factor: N2O I 0.000004 kg /kWh Energy Intensity: 1,272 kWh /MG (includes losses) CAMX (eGRID) CAMX (eGRID) CAMX (eGRID) Water Treatment Energy Intensity. 111 kWh /MG (includes losses) Water Energy Use (kWh) acre /ft Distribution CH4 N2O CO2 (kg /year) CO2e (metric tons /year) Year 41 1,5261 0.02 0.01 493 0 Water Treatment Energy Intensity. 111 kWh /MG (includes losses) Energy Intensity: 1,911 kWh /MG (includes losses) Water Energy Use (kWh) CH4 N2O CO2 CO2e Year acre /ft treatment I (kg /year) (metric tons /year) 31 1201 0.00 0.00 39 0 Energy Intensity: 1,911 kWh /MG (includes losses) Category Energy Use (kWh) CO2e (metric tons /year) Water Supply and Conveyance 11,666 4 Water Treatment 120 0 Water Distribution 1,526 0 Wastewater Treatment 2,065 1 Total 15,377 5 Water Energy Use (kWh) a -:' wastewater treatment CH4 N2O CO2 I (kg /year) CO2e (metric tons /year) 31 2,0651 0.03 0.01 668 1 Category Energy Use (kWh) CO2e (metric tons /year) Water Supply and Conveyance 11,666 4 Water Treatment 120 0 Water Distribution 1,526 0 Wastewater Treatment 2,065 1 Total 15,377 5 Highlighted cells are used in calculations GHG GV✓F" CH4 21 N20 310 Conversion Factors metric tons /ton 0.907185 tons /metric ton 1.102311 Ibs /kg 2.204623 days /year 365.25 g/lb 453.5924 kWh /MWh 1,000 million gallons (MG)/acre foot 0.32585 Table C -4: Potential Adjustments to WER Table 1 -3, Electricity Use in Typical Urban Water Systems Emission Factors unit source CO2 0.286165 kg/kWh SCE 2007 average EF CH4 30.601400 Ib /GWh CA Average(eGRID) CH4 0.000014 kg/kWh CA Average(eGRID) N20 4.497600 lb /GWh CA Average(eGRID) N20 0.000002 kg/kWh CA Average(eGRID) CO2 712.985300 Ib /MWh CAMX(eGRID) CO2 0.323405 kg/kWh CAMX(eGRID) CH4 30.2365 Ib /GWh CAMX(eGRID) CH4 0.000014 kg/kWh CAMX(eGRID) N20 8.0758 Ib /GWh CAMX(eGRID) N20 0.000004 kg/kWh CAMX(eGRID) Sector WER Northern California(kWh /MG) Adjusted w /Lasses SWP east branch Southern WER California(kWh /MG) Adjusted w /Lasses Water Supply and Conveyance 150 1,811 2,117 8,900 8,324 9,727 Water Treatment 100 n/a 111 100 n/a 111 Water Distribution 1,200 n/a 1,272 1,200 n/a 1,272 Wastewater 2,500 1,911 1,911 2,500 1,911 1,911 Total 3,950 5,022 5,411 12,700 11,535 13,022 SWP west branch 7,900 9,232 SWP east branch 9,900 11,569 MWD west branch 906 1,013 MWD east branch 540 604 Loss factor MWD loss factor 16.9% 11.9% 11.0% 6.0% 0.0% 12.9% 286.17 13.88 2.04 323.40 13.72 3.66 Electricty Emission Factors 1990 unit CH4 EF: 0.0067 lb CH4 /MWh N20 EF: 0.0037 lb N20 /MWh CO2 EF: 804.54 lb CO2 /MWh CH4 EF: 0.0000030 kg/kWh N20 EF: 1.67829E -06 kg /kWh CO2 EF: 0.364933206 kg /kWh Appendix B Preliminary Water Quality Management Plan PRELIMINARY WATER QUALITY MANAGEMENT PLAN (WQMP) CITY OF NEWPORT BEACH PUBLIC WORKS / ENGINEERING DEPARTMENT Rev March 22, 2010 PRELIMINARY WATER QUALITY MANAGEMENT PLAN (WQMP) For: SWC JAMBOREE AND CAMPUS PA2008 -164 FOR APN 445 - 151 -09,08 Prepared for: WPI- Newport, LLC. 4699 Jamboree Road Newport Beach, CA 92660 (949) 943 -8550 Prepared by: WARE MALCOMB 10 Edelman Irvine, CA 92618 (949) 660 -9128 March 22, 2010 Water Quality Management Plan (WQMP) SWC JAMBOREE AND CAMPUS PA2008 -164 FOR APN 445- 151 -09,08 OWNER'S CERTIFICATION WATER QUALITY MANAGEMENT PLAN FOR PERMITIPLANNING APPLICATION NUMBER PA2008 -164 APN 445- 151 -08,09 This Water Quality Management Plan (WQMP) has been prepared for WPI- Newport, LLC by WARE MALCOMB. The WQMP is intended to comply with the requirements of the City of Newport Beach, Planning Department for APN 445- 151 -09 and 445- 151 -08, per application number PA2008 -164 requiring the preparation of a Water Quality Management Plan. The undersigned is aware that Best Management Practices (BMPs) are enforceable pursuant to the City of Newport Municipal Codes. The undersigned, while it owns the subject property, is responsible for the implementation of the provisions of this plan and will ensure that this plan is amended as appropriate to reflect up -to -date conditions on the site consistent with the current Orange County Drainage Area Management Plan (DAMP) and the intent of the non -point source NPDES Permit for Waste Discharge Requirements for the County of Orange, Orange County Flood Control District. Once the undersigned transfers its interest in the property, its successors - in- interest shall bear the aforementioned responsibility to implement and amend the WQMP. An appropriate number of approved and signed copies of this document shall be available on the subject site in perpetuity. Signed: Name: John E.Young and Andrew Sun Title: Managers Company: WPI- Newport, LLC Address: 4699 Jamboree Road, Newport Beach, CA 92660 Telephone #: (714) 662 -6900 Date: WPI- NEWPORT, LLC. Contents WQMP Jamboree&Umpus 0315IO.dm Page i March 22, 2010 Water Quality Management Plan (WQMP) SWC JAMBOREE AND CAMPUS PA2008 -164 FORAPN 445 -151 -09,08 Contents Section I Discretionary Permit(s) and Water Quality Conditions ..................... ............................... 1 Section II Project Description ........................................................................... ............................... 3 Section III Site Description ............................................................................... ............................... 4 Section IV Best Management Practices ( BMPs) ................................................ ............................... 7 Section V Inspection /Maintenance Responsibility for BMPS .......................... ............................... 16 Section VI Location Map, Plot Plan & BMP Details ......................................... ............................... 17 Section VII Educational Materials Included .................................................... ............................... 18 Attachments Attachment A ................................................................... ............................... Educational Materials List each handout separately WPI- NEWPORT, LLC. Contents WQMP Jamboree&Campus 031510.dm Page ii March 22, 2010 0 � y •m � n d -1 � O y 2 m — 3 w Water Quality Management Plan (WQMP) SWC JAMBOREE AND CAMPUS PA2008 -164 FOR APN 445- 151 -09,08 Section I Discretionary Permit(s) and Water Quality Conditions This Preliminary Water Quality Management Plan (WQMP) has been prepared to provide specifications for the post - construction management of storm water runoff from the proposed Parking Structure with Office Building in the City of Newport Beach, California. The intent of this Preliminary WQMP is to obtain conceptual approval from the City of Newport Beach of the proposed Treatment Control BMPs. Per requirement from Public Works Departement, Engineering Division of City of Newport Beach, this WQMP shall identify potential sources of pollutants, define Source Control, Site Design, and Treatment Control Best Management Practices to control or eliminte the discharge of pollutants into the surface water runoff and provide a monitoring program to address the lont -term implementation of the compliance with the defined BMPs. This Preliminary WQMP has been prepared to reflect the best information available at this time. Further details on the proposed project, drainage system, selected BMPs and associated maintenance, educational materials, and other measures to reduce pollutants will be provided in the Final WQMP. WPI- NEWPORT, LLC. Section I WQMP 3ambwee &Campus 031510.dm Page 1 March 22, 2010 Section II Project Description PROTECT FEATURES The WPI- Newport, LLC; Newport Business Plaza development is located on the north -east corner of the Jamboree Road and Campus Drive intersection in the City of Newport Beach, CA. The current building structures will be demolished to make room for entirely new structures. The proposed structures for this site consist of three buildings totaling approximately 46,646 square feet. The three building will have shared common areas as well as shared parking. Parking will be achieved by the use of a parking structure that ties the three buildings together. Drainage from all roof tops will be collected into roof down spouts and filtered through the use of down -spout filters (refer to the "Filtration Information' section after Section VI). These flows will then be allowed to flow at ground level into grassy swales until it drops into storm drain inlets. The inlets themselves will also have filters. This storm drain run- off will then be outlet into the curb and gutter of either Jamboree Road or Campus Drive. These flows will make their way into the public storm drain. Refer to Section VI for BMP Site map. The owner of the property (WPI- Newport, LLC) will create a condominium map to either lease or sell the office spaces on the proposed buildings. A property management group will be created for the long term maintenance of the common areas and any BMP's that will be included in this report. The Standard Industrial Codes for the property are 5812, 6021 and 4226. There are no loading docks located on the project or outdoor materials storage areas. Vehicle maintenance or repair will not be permitted. WPI- NEWPORT, LLC. Section II WQMP Jamboree&Campus 031510AX Page 3 March 22, 2010 SECTION III Site Description Section III Site Description SITE LOCATION The project site is located at 4699 Jamboree Road and 5190 Campus Drive, Newport Beach CA 92660 and has a total area of 1.765 Acres. The property is bounded by Campus Drive on the East, Jamboree Road on the South, and some building structures on the North and West A vicinity Map is located in Section VI. The property is located in a developed area within the City of Newport Beach. ZONING / LAND USE DESIGNATION The property has a general land use designation of "MIXED- USE ". A City of Newport Beach General Plan Index Map is attached to this report. See Section VI for the Map. SOIL TYPE AND GROUNDWATER CONDITION Based on the Groundwater Condition Report prepared by Krazen and Associates, Inc., dated June 10, 2005, "four borings were drilled and checked for presence of groundwater during and following the drilling operations. Free groundwater was encountered at a depth of approximately 32 to 33 feet below existing site grade. However, the EDR (Environmental Data Resource) report indicates the groundwater level is at a depth 21 feet below grade." See attachment for a Copy of the said report. PROJECT DRAINAGE There are two existing drainage areas for the project site. The site historically drains from south to north. Runoff from the drainage area located on the top half of the property is collected via existing v- gutters that run from south - west -north of the parking area. Runoff collected from this drainage area will sheet flow out to Campus Drive. Roof Runoff from the other drainage area will flow to and infiltrate to the existing landscape area. Remaining runoff will then surface flow out to Campus drive as well. Runoff from Campus Drive will then flow to existing underground drainage system maintained by Orange County. It will then be discharged to a Dry Pond and Basin. An overflow is then connected to San Diego Creek which then leads to the Upper Newport Bay and until it reaches the Pacific Ocean. WPI- NEWPORT, LLC. Section III WQMP]ambn &Campus031510.dm Page March 22, 2010 Water Quality Management Plan (WQMP) SWC JAMBOREE AND CAMPUS PA2008 -164 FOR APN 445- 151 -09,08 Post development drainage will consist of 5 areas. One area at the approach of the parking lot entrance will cover the runoff from the uncovered portion of the building. This runoff will drain and will be mitigated by the Flogard Lo -pro trench drain with filter insert. Then this will be conveyed by a parkway drain to the existing gutter along Jamboree Road. Runoff from the roof will be divided into four drainage area. Each area will be filtered by Flogard Downspout Filter Assembly. Then this will be conveyed to a grassy swale then eventually to a catch basin and to the existing gutter along Jamboree Road and Campus Drive. TMDLS, (303)D LISTED WATER BODIES AND ASSOCIATED POLLUTANTS OF CONCERN FOR ORANGE COUNTY The 2006 OWA Section 303(d) List of Water Quality Limited Segments Requiring TMDLS lists the following as pollutants of concerns for San Diego Creek, Upper and Lower Newport Bay. San Diego Creek Reach 1 - Fecal Coliform, Selenium, Toxaphene Newport Bay, Upper (Ecological Reserve) - Clordane, Copper, DDT, Metals, PCB's, Sediment Toxicity Newport Bay, Lower - Clordane, Copper, DDT, PCB's, Sediment Toxicity See Attachments for the complete list of 2006 OWA Section 303(d) List of Water Quality Limited Segments Requiring TMDLS for Region 8. ENVIRONMENTAL SENSITIVE AREAS (ESAs) AND AREAS OF SPECIAL BIOLOGICAL SIGNIFICANCE (ASBSs) The project location does not fall into an environmentally sensitive area or on area of Special Biological Significance. WPI- NEWPORT, LLC. Section II WQMP Jamboree &Ca.W5031510AM Page 5 March 22, 2010 SECTION IV BntMgnPrwUcn To X Section IV Best Management Practices (BMPs) Source Control BMPs Routine Non - Structural BMPs N1 - Education for Property Owners, Tenants and Occupants Upon completion of the renovation improvements, the educational materials regarding the methods of preventing stormwater pollution will be disbursed by the Owner to the tenants and occupants, all maintenance and service contractors, and any other party having responsibility for implementing portions of this WQMP. This material must be distributed to all new employees, new maintenance personnel, etc, at the time of a new employee orientation and must be reviewed with all employees and applicable parties annually. The Owner is responsible for verifying annually that the enclosed material is current and for updating and implementing any new information that would be applicable to this type of improvement. WPI- NEWPORT, LLC. WQMP Jamboree &Campus 031510.do March 22, 2010 Section IV Page 7 Check One If not applicable, state brief Identifier Name Not Included reason Ap licable N1 Education for Property Owners, X Tenants and Occupants N2 Activity Restrictions X N3 Common Area Landscape X Management N4 BMP Maintenance X N5 Title 22 CCR Compliance (How X development will com I N6 Local Industrial Permit Compliance X Not an industrial project. N7 Spill Contingency Plan X N8 Underground Storage Tank X No underground storage tank for Compliance this project. Ng Hazardous Materials Disclosure X Compliance N10 Uniform Fire Code Implementation X N11 Common Area Litter Control X No common area litter control for this project. N12 Employee Training X N13 Housekeeping of Loading Docks X No Loading docks for this project. N14 Common Area Catch Basin Inspection X No common area catch basis for this project Street Sweeping Private Streets and X N15 Parking Lots N16 Commercial Vehicle Washing X No commercial vehicle washing for this project. N1 - Education for Property Owners, Tenants and Occupants Upon completion of the renovation improvements, the educational materials regarding the methods of preventing stormwater pollution will be disbursed by the Owner to the tenants and occupants, all maintenance and service contractors, and any other party having responsibility for implementing portions of this WQMP. This material must be distributed to all new employees, new maintenance personnel, etc, at the time of a new employee orientation and must be reviewed with all employees and applicable parties annually. The Owner is responsible for verifying annually that the enclosed material is current and for updating and implementing any new information that would be applicable to this type of improvement. WPI- NEWPORT, LLC. WQMP Jamboree &Campus 031510.do March 22, 2010 Section IV Page 7 Water Quality Management Plan (WQMP) SWC JAMBOREE AND CAMPUS PA2008 -164 FOR APN 445- 151 -09,08 N2 - Activity Restriction These restrictions shall include the following: • Hazardous materials such as motor oil, paint, etc shall be disposed off in accordance with local regulations. • Prohibit sweeping of sediments, trash and debris to the drain inlets. • The Owner will be responsible for enforcing these activity restrictions. N3 - Common Area Landscape Management The Owner through a Management Property Office will be responsible by enlisting a Landscape contractor to ensure that the ongoing maintenance and use of fertilizers and pesticides of the on -site landscaping be consistent with the City of Newport requirements. The landscape contractor will inspect the irrigation system monthly to ensure that it is operating as indicated by the manufacturer's specifications. This will include but not limited to checking for over - spraying, proper direction of sprinkler heads, broken sprinkler heads, and broken irrigation lines that may cause underground water to erode landscape areas. When the landscape contractors are determined for this project, the Owner through the Management Property Office, will provide detailed information on the City's requirements regarding maintenance procedures. This information will be provided according to BMP12. N4 - BMP Maintenance The Owner will be responsible for implementing all BMPs and setting a schedule for maintaining of all BMP facilities. Refer to Section V for maintenance procedures and schedules. N5 - Title 22 CCR Compliance The Owner must ensure the proper signage will be posted at the appropriate areas regarding the correct disposal of hazardous materials. This must also be inspected regularly to ensure its implementation. N7 - Spill Contingency The Owner must develop procedures to prevent/ mitigate spills to storm drain systems, develop and standardize reporting procedures, containment, storage, and disposal activities, documentation, and follow -up procedures. N9 - Hazardous Materials Disclosure Compliance The Owner must ensure that the tenant will secure a Hazardous Materials Disclosure Compliance before the start of any tenant improvement for this specific project. WPI- NEWPORT, LLC. Section IV WQMP]amboreeMampus031510.Gx Page 8 March 22, 2010 Water Quality Management Plan (WQMP) SWC JAMBOREE AND CAMPUS PA2008 -164 FOR APN 445- 151 -09,08 N10 - Uniform Fire Code Implementation The Owner must ensure the compliance with Article 80 of the Uniform Fire Code enforced by the respective local fire protection agency. N12 - Employee Training The Property Management Company will provide educational training for their employees in the proper use, handling and clean-up of all waste materials while on the job. These educational materials must be reviewed with all new employees at the time of the new employee orientation and with all maintenance or service contractors at the start of the employment. All employees and contractors must review these same materials annually thereafter. The Property Management Company is responsible for verifying annually that the enclosed material is current and for updating and implementing any new information that would be applicable to this type os site. N15 - Street Sweeping Private Street and Parking Lots Street and parking areas will be cleaned once a week. The management property office will be responsible for contracting a local street sweeping company. Streets and Parking lots will be swept to maintain a clean site, free of trash, litter, silt, sand, and landscape debris. WPI- NEWPORT, LLC. WQMP Jamboree &Campus 031510.do March 22, 2010 Section N Page 9 Water Quality Management Plan (WQMP) SWC JAMBOREE AND CAMPUS PA2008 -164 FOR APN 445- 151 -09,08 Routine Structural BMPs Provide Storm Drain System Stencilin ag nd Si page Phrase "No Dumping - Drain to Ocean' or equally effective phrase to be stenciled on storm drain inlets to alert public to the destination of pollutants discharged into stormwater. It must be highly visible message and typically placed directly adjacent to storm drains inlets. The Property owner will be responsible for repair or replacement of the storm drain painted stencils after the initial painted stenciling is provided. The painted stencils will be inspected yearly and will be replaced when more than one letter cannot be read or missing. WPI- NEWPORT, I.I.C. WQMP Jamboree &Campus 031510.aoc March 22, 2010 Section IV Page 10 Check One Name If not applicable, state brief reason Not Included Applicable Provide storm drain system stenciling and X si na e Design and construct outdoor material storage X No outdoor material storage for this areas to reduce pollution introduction project. Design and construct trash and waste storage X areas to reduce pollution introduction Use efficient irrigation systems R landscape X design, water conservation, smart controllers, and source control Protect slopes and channels and provide X Project site is flat. No slopes and energy dissipation channels needed. Incorporate requirements applicable to individual priority project categories (from SDRWQCB NPDES Permit a. Dock areas X No dock areas for this project. b. Maintenance bays X No Maintenance bays for this project. c. Vehicle wash areas X No vehicle wash areas for this project. d. Outdoor processing areas X No outdoor processing areas for this project. e. Equipment wash areas X No Equipment wash areas for this project. f. Fueling areas X No fueling areas for this project. g. Hillside landscaping X No Hillside landscaping for this project. h. Wash water control for food preparation X areas i. Community car wash racks X No community car wash racks for this ro'ect. Provide Storm Drain System Stencilin ag nd Si page Phrase "No Dumping - Drain to Ocean' or equally effective phrase to be stenciled on storm drain inlets to alert public to the destination of pollutants discharged into stormwater. It must be highly visible message and typically placed directly adjacent to storm drains inlets. The Property owner will be responsible for repair or replacement of the storm drain painted stencils after the initial painted stenciling is provided. The painted stencils will be inspected yearly and will be replaced when more than one letter cannot be read or missing. WPI- NEWPORT, I.I.C. WQMP Jamboree &Campus 031510.aoc March 22, 2010 Section IV Page 10 Water Quality Management Plan (WQMP) SWC JAMBOREE AND CAMPUS PA2008 -164 FOR APN 445- 151 -09,08 Design and Construct Trash and Waste Storage Trash containers should be provided with attached lid to exclude rain or roof or awning to minimize direct precipitation. • Trash enclosure area was designed to have paved impervious surface and not to allow run -on from adjoining area as to prevent off -site transport of trash. Use Efficient Irrigation Systems and Landscape Designn To minimize the runoff of excess irrigation water, the following methods should be considered. • Employ rain shutoff devices to prevent irrigation after precipitation. The timing and application methods of irrigation water shall be designed to minimize the runoff of excess irrigation water into the municipal storm drain system. Wash water control for food preparation areas • Collect grease and used cooking oil in labeled containers that have a screw type lid that can be securely closed. • Keep containers closed except when adding grease or cooking oil to prevent spillage. DO NOT store containers near a storm drain. Provide secondary containment and a cover for all outdoor waste containers to prevent them from coming into contact with rain water or surface water flows. • DO NOT dispose off grease or cooking oil to any storm drain or sanitary sewer system drain! Waste grease and cooking oil must be collected in labeled containers /bins and stored for pick -up and disposal by an appropriate vendor/ contractor. • Keep outdoor trash cans /bins closed. • Keep grease and cooking oil collection areas clean and orderly. Use "Dry' cleaning methods. (e.g. absorbents and sweeping or vacuuming) whenever feasible. WPI- NEWPORT, LLC. WQMP Jamboree &Campus 031510.dm March 22, 2010 Section IV Page 11 Water Quality Management Plan (WQMP) SWC JAMBOREE AND CAMPUS PA2008 -164 FOR APN 445- 151 -09,08 • If water is used to clean equipment or areas outside, DO NOT ALLOW WASH WATER TO GET INTO STORM DRAINS. DO NOT dispose of ice to storm water drains. Ica may be disposed of in a landscaped area where the water can infiltrate into the ground such as a lawn or dirt area with plants. Store and maintain appropriate spill cleanup materials in a location known to all personnel. WPI- NEWPORT, LLC. WQMP Jambo &Campus 031510.EOc March 22, 2010 Section IV Page 12 Water Quality Management Plan (WQMP) SWC JAMBOREE AND CAMPUS PA2008 -164 FOR APN 445- 151 -09,08 Site Design BMWs The following table shows site design BMPs that are included in this project. A description of each BMPs follows: Site Design BMPs Existing area is already developed. Since existing area is developed, conservation of natural area will not be used. The proposed parking structure will be located on an already paved area although there is a slight increase of C- Factor due to the minimal change in landscape area. WPI- NEWPORT, I.L.C. WQMP 3ambmee &GmWS 031510.dm March 22, 2010 Section IV Page 13 Included? Technique Brief Description of Method Yes No Minimize Impervious Area /Maximize X Permeabili (C-Factor Reduction Minimize Directly Connected Impervious Areas X DCIAs (C-Factor Reduction Create Reduced or "Zero Discharge" Areas X Runoff Volume Reduction Conserve Natural Areas (C-Factor Reduction) X Existing area is already developed. Since existing area is developed, conservation of natural area will not be used. The proposed parking structure will be located on an already paved area although there is a slight increase of C- Factor due to the minimal change in landscape area. WPI- NEWPORT, I.L.C. WQMP 3ambmee &GmWS 031510.dm March 22, 2010 Section IV Page 13 Water Quality Management Plan (WQMP) SWC JAMBOREE AND CAMPUS PA2008 -164 FOR APN 445 -151 -09,08 111MMMiTeiifi.3U10 The following table shows treatment BMPs that are included in this project. A description of each BMP follows: Treatment BMPs Two references were used to determine the potential pollutants that the most effective and applicable treatment BMP should address. The Orange County Stormwater Program Exhibit 7.II -Model Water Quality Management Table 7.II -2,m "Anticipated and Potential Pollutants Generated by Land Use Type' lists the pollutants anticipated for Parking Lots and Commercial Development. The Associated pollutants consist of Bacteria/ Virus, Heavy Metals, Nutrients, Pesticides, Organic Compounds, Sediments, Trash and Debris, Oxygen Demanding Substances, and Oil and Grease. A copy of the table can be found in the Attachments. The Model Water Quality Management also lists the 303(d) listed Water Bodies and Associated Pollutants of Concern for Orange County. The pollutants listed for this project can be found in Section III and the 303(d) table can be found in Attachments. WPI- NEWPORT, I.I.C. Section IV WQMP Jamboree &Campus 031510doc Page 14 March 22, 2010 Included? Name If not applicable, state brief reason Yes No Vegetated (Grass) Strips X Project site is already developed and has very limited s ace. Vegetated (Grass) Swales X Dry Detention Basin X Project site is already developed and has very limited space. Wet Detention Basin X Project site is already developed and has very limited s ace. Constructed Wetland X Project site is already developed and has very limited s ace. Detention Basin/Sand Filter X Project site is already developed and has very limited s ace. Porous Pavement Detention X Project site is already developed and has very limited space. Porous Landscape Detention X Infiltration Basin X Project site is already developed and has very limited s ace. Infiltration Trench X Project site is already developed and has very limited s ace. Media Filter X Project site is already developed and has very limited space. Proprietary Control Measures X Two references were used to determine the potential pollutants that the most effective and applicable treatment BMP should address. The Orange County Stormwater Program Exhibit 7.II -Model Water Quality Management Table 7.II -2,m "Anticipated and Potential Pollutants Generated by Land Use Type' lists the pollutants anticipated for Parking Lots and Commercial Development. The Associated pollutants consist of Bacteria/ Virus, Heavy Metals, Nutrients, Pesticides, Organic Compounds, Sediments, Trash and Debris, Oxygen Demanding Substances, and Oil and Grease. A copy of the table can be found in the Attachments. The Model Water Quality Management also lists the 303(d) listed Water Bodies and Associated Pollutants of Concern for Orange County. The pollutants listed for this project can be found in Section III and the 303(d) table can be found in Attachments. WPI- NEWPORT, I.I.C. Section IV WQMP Jamboree &Campus 031510doc Page 14 March 22, 2010 Water Quality Management Plan (WQMP) S WC JAMBOREE AND CAMPUS PA2008 -164 FOR APN 445- 151 -09,08 Once the pollutants that had to be removed were found, the next step was deciding which type of treatment control BMP would be used for this project. Table 7.II -6, Treatment control BMP Selection Matrix found in Attachment was used to decide which treatment control BMP is most feasible for this said project. The project site is already developed therefore BMP s on -site were limited to a number of factors. Size, project scope and limits of construction are some of the factors that need to be considered when choosing and implementing treatment control BMP's. It was determined that the most economical and efficient BMP that can be used for the project is the Downspout Filter Assembly, Vegetated grassy swale and Filter Inserts for the proposed Catchbasins. The proposed F1oGard Downspout Filter will collect particulates and debris, metals and petroleum hydrocarbons (oils and grease) from roof runoff. This is most efficient for this property since there is a limited area outside the building perimeter. The proposed F1oGard Lo Pro Matrix Filter and FloGard Lo Pro Trench Drain with filter insert will provide an effective way of filtering "first flush" on -site before it flows out to public street. The landscaped area will also be utilized as porous detention and portion of which will also accommodate grassy swale for more effective storm water mitigation from roof runoff. For additional Information please refer to Section VI for the unit's schematic drawings for installation, filter media specifications, operation and maintenance guidelines. WPI- NEWPORT, LLC. Section IV WQMP Jamboree &Um WS 031510.&C Page 15 March 22, 2010 1 A z N .a v d d C7 K 0 G a N 0 fi C v R u e L, 8 V 7 O M a E ggg3 0 0 0 0 0 C v ,$ y m '0 0 m « y m � o�y ado m d> � e c a 6 ¢S; = v R d C �x c o. 0 m .d. w � 0 c � b v a.0 o y o J � c c« a " R 'o m .dG C G � R � 7 O o a o. R R m G C C 0 .d b O O �6¢ c. C m N Y X x x x x x X X O V c 2 C q c X x X 2 a a a OQm m r n d X X X X X X X X X FeC Q G a b F X X F, X X X o a v W U N � G V ` a x X A 0 c " d (� v o 'C X X � X X v G G x X X X c a c z N y X X X x 0. X a X n N W w N u v E R w a O A A A A 4 v q b b O r. Cd cd � P >U 3 �� o C v C v a u v N y U U d o a QCO Q° a x c d v a d a o w b3 b3 bo G W Y Q ❑ Q Q U Q Q L' x ..�, x .F., Op. ckA 8 V 7 O M a E ggg3 0 0 0 0 0 C v ,$ y m '0 0 m « y m � o�y ado m d> � e c a 6 ¢S; = v R d C �x c o. 0 m .d. w � 0 c � b v a.0 o y o J � c c« a " R 'o m .dG C G � R � 7 O o a o. R R m G C C 0 .d b O O �6¢ c. C Table 7 -11-6 Treatment Control BMP Selection Matrixf'l Biofilters include: ■ Grass$wales ■ Grassstrips ■ Wetland vegetation swales ■ Bioretention Detention Basins include ■ Extended/dry detention basins with grass lining ■ Extended /dry detention basins with impervious lining Infiltration Basins include: ■ Infiltration basins • Infiltration trenches Wet Ponds and Wetlands include: • Wet ponds (permanent pool) • Constructed wetlands Filtration Systems include: ■ Media filtration ■ Sand filtration Hydrodynamic Separation Systems include: • Swirl Concentrators • Cyclone Separators Orange County Stormwater Program 7,I11-37 Exhibit 7.11 - Model Water Quality Management Plan September 26, 2003 ment Control BMP Categories Conc ltration Wet Ponds Hydrodynamic asins t') or Wetlands Filtration Separator Systems f01 rbidity H/M HIM HIM HIM (L for Turbidity) 00�xnyqenDemandinq MI H/M H/M L LM poundU U H/M L s U U HIM HIM anding Substances M H/M HIM H/M L Bacteria & Viruses U U H/M U L H/M Oil & Grease HIM M U U HIM UM Pesticides (non -soil bound) U U U U U L (7) Coopemtive periodic pedormance assessmenm Thabery. Treatment BMP table ontrol will be updated as needed and as knowledge of slormwaler treatment BMPS improves.(2) For detention basins with minimum 36-48 -hour drawdown time. (3) including trenches and porous pavement. (4) Also known as hydrodynamic devices and baffle boxes. L: Low removal efficiency HUM: High or medium removal efficient y lk Unknown removal efficiency Sources: Guidance Specifying Management Measures for Sources of Nonpoint Pollution in Coastal Waters (1993), National Stonnwater Best Management Practices Database (2001), and Guide for BMP Selection in Urban Developed Areas (2001). Biofilters include: ■ Grass$wales ■ Grassstrips ■ Wetland vegetation swales ■ Bioretention Detention Basins include ■ Extended/dry detention basins with grass lining ■ Extended /dry detention basins with impervious lining Infiltration Basins include: ■ Infiltration basins • Infiltration trenches Wet Ponds and Wetlands include: • Wet ponds (permanent pool) • Constructed wetlands Filtration Systems include: ■ Media filtration ■ Sand filtration Hydrodynamic Separation Systems include: • Swirl Concentrators • Cyclone Separators Orange County Stormwater Program 7,I11-37 Exhibit 7.11 - Model Water Quality Management Plan September 26, 2003 } slow f� ii ►ii �A_ jPPPP- Z ►4Q Sample Stencil 1 NO DUMPING Sample Stencil 2 o ar DOWNSPOUT FILTER ASSEMBLY Specifications The FloGard® Downspout Filter is typically installed on commercial building downspout pipes for the removal of non - soluble pollutants normally found on building roofs and parking decks. The FloGard Downspout Filter is an effective filtering device at low flows, and incorporates a high flow bypass to insure that the downspout conveyance capacity tondos round is not impeded - ovmspout outlet )nnechon Constructed of corrosion-resistant stainless steel (Type 3041, movable, slide -in the FloGard Downspout Filter is designed to accept standard Nlection basket diameter downspout pipes. Downspout adapters me available im gemextile liner upon request. laterproof, access .aor and gasket assembly FloGard Downspout Filters can be flush mounted or recessed. The design features a pollutant collection basket for ease of maintenance. Model No. Inlet ID (dia, in) Box OD (-m x in x in) Solid Storage (cu k) Filtered Flow (gpm) Bypass Capacity (gpm) FG -DS4 4 14 x 29 x 7.5 0.35 30 145 FG -DS6 6 14 x 29 x 7.5 0.35 85 425 FG -DS8 8 22 x 33 x 17.5 1.70 185 915 FG -DSI O 10 22 x 33 x 17.5 1.70 325 1,650 Storage capacity reflects 80% of maximum solids collection prior to impeding filtering bypass. Filtered flow rate includes a safety factor of 2. FloGard® Downspout Filters are available with standard Fossil Rock or other custom adsorbents. FloGard® Series Filters should be used in conjunction with a regular maintenance program. City of Los Angeles Refer to manufacturer's recommended guidelines. Research Report #5584 ® The FloGardo Downspout Filter is approved ® IAPMO Listing No. 4868 for use in the City of Los Angeles. KriSfar Enterprises, Inc. • P.O. Box 6419 •Salta Rosa, 954061419 w PH: 800- 579 -8819 • FAX: 707- 524 -8786 • ww.kri starcom metro ��'t •"°� 02037 KriSar Enterprises, Inc, FloGard� is a Irodemark of KriSfar Enterprises, Inc. e FloGare Downspout Filter A multi -model building - mounted fitter designed to collect particulates, debris, metals and petroleum hydrocarbons from rooftop stormwater runoff. The working chamber of the FloGardo Downspout Filter is made of a durable dual -wall geotextile fabric liner encapsulating an adsorbent which is easily replaced and provides for flexibility, ease of maintenance and economy. It is designed to collect particulates and debris, as well as metals and petroleum hydrocarbons (oils and greases). As with all FloGarde filters, the FloGarde Downspout Filter performs as an effective filtering device at low flows ( "first flush ") and, because of the built -in high flow bypass, will not impede the system's maximum design flow. FloGarde Downspout Filters are available in sizes to fit common sizes of downspouts and may be mounted in (recessed) or on (flush) a wall. FloGard® Downspout Filters are recommended for ultra -urban sites with little to no property area outside of the building perimeter. Examples of such areas are downtown buildings and parking garages. See full specifications for details. � c s IAPMO Listing No. 4868 Questions? Contact Kristar at (800) 579-8819. 06106 Fb CGarcl- Dwwtspnl FEW Installed flexible Pipe 14• RMiorted Caoele colum «wen CC811;*3 1. Flo -Garden Downspout Flier is available to fit most edustry. . standard downspouts (see specifics ions} 2. Filter inert shall have adequate bypass capacttyto allow downspout to flow ulnpeded at all Times. 3. Filter assembly shah be conrtnated from stainless steel (Type 304). 4. Finer medum shall be zeolte arstaned and naidaired . in accordance with menubctxw reccmmrdmb r FLO- GARDTM DOWNSPOUT FILTER FOR C/6" DOWNSPOUTS (Concrete Wall Surface Installation) US PATENT - I KriSlar Enterprises, Inc.. Santa Rosa, CA (800) 579-8819 - ta° FloGardm O",xapout Filter 10611:143 1. Flo- Gard - Downspout Hier is availatMb Et mostindust . standard downspouts (see spedrica6mrs). 2 Filter insert shag have adequate bypass raFacity to ago" downspout to flow unimpeded at an fines. 3. Filter assembly&± half be corsnuded fmmsta mess s:aei (Type 304)• 4. Filter medium shag be meoide, isUgedand maintained . in accordance with matudeckm r 000miedffiors. US PATENT FLO- GARDTm DOWNSPOUT FILTER FOR C/6" DOWNSPOUTS (Wood Frarrang Recessed Installation) KdStar Enterprises, Inc., Santa Rosa, CA (800) 5798819 l I a � ra a rm 1. RoGerd^ Dawapout Filter is a (able to fit most industry. standard downspouts (see specifications). 2 Fitter inert shall hale adequate bypass capacity to allow . downspout to flow uningeded at all flmes. 3. Filter assembly shall be cmmbuded from stainless steel (Type 304). 4. VW medium sh:n ao<eolite installed and maintained . eraceordance with nunufachaerrecommnetdalions. FL04ARD'r" DOWNSPOUT FILTER FOR 4 "!6" DOWNSPOUTS (Models FF -DS4 & FF -DS6) 11S PATENT I KdStar Enterprises, Inc., Santa Rosa, CA (800) 579$819 GRATE. (BY OTHERS) INLET FLUME. MATRIX FILTER BODY. "CLIP -IN" FOSSIL ROCK' ABSORBENT POUCH. BYPASS WEIR PAVEMENT SURFACE. FRAME. I I I (-- ��- �r! . . ' NOTE 5. SHEET 1 OFi SHALLOW CONCRETE CATCH BASIN. (BY OTHERS) GRATE. (BY OTHERS) RUBBER GASKET. INLET FLUME. "CLIP -IN" FOSSIL ROCK' ABSORBENT POUCH SHALLOW CONCRETE CATCH BASIN. (BY OTHERS) MATRIX FILTER ELEMENT & BYPASS WEIR FRAME ASSEMBLY. OG �Dod�af'd ®LoProTM KriStar Enterprises, Inc. KRISTAR ,or P.O. Box 6419, Santa Rosa, CA 95406 SHALLOW CATCH BASIN Ph: 800.579.8819, Fax: 707.524.8186, w .kristar.conn FILTER INSERT DPAMNG N0. ro w� FG -LP -0001 A 025 3/20/07 1 JPR 12/18/06 SHEET 2 OF 2 SPECIFIER CHART SOLIDS FILTERED TOTAL CATCH STORAGE FLOW BYPASS MODEL BASIN ID CAPACITY CUBIC FEET CAPACITY CUBIC FEET /SECOND CUBIC FEET /SECOND FG -M1818 18 "X18' 0.1 0.1 1.0 FG -M2424 24' X 24" 0.3 0.3 1.7 FG -M2436 24"X 36" 0.4 0.5 2.3 FG -M3636 1"X 36" 0.8 0.9 4.1 FG -M3648 36" X48" 1.1 1.3 4.6 FG -M4848 48 "X48" 1.6 1.8 6.6 110 [0111 MW 1. Inlet flume & bypass weir frame shall be constructed from stainless steel Type 304. 2. Matrix filter element is constructed from durable polypropylene woven monofilament geotextile surrounding a polypropylene matrix skeleton. Fitter element shall not allow the retention of water between storm events. 3. Filter inserts are supplied with 'dip4n" filter pouches utilizing fossil rock'" filter medium for the collection and retention of petroleum hydrocarbons (oils & greases). 4. FloGardO LoPro' filter inserts and fossil rock'" filter medium pouches must be maintained in accordance with manufacturer recommendations. 5. Device requires a minimum catch basin depth of 6.50" beneath grate. See sheet 2 of 2. SHALLOW CONCRETE CATCH BASIN. SEE NOTE 5. (BY OTHERS) INLET FLUME WITH RUBBER GASKET. BYPASS WEIR FRAME. I i MATRIX FILTER BODY WITH GEOTEXTILE COVER. "CLIP —IN "FOSSIL ROCK" ABSORBENT POUCH. ;RATE. BY OTHERS) SGT LL �Dt�ard® LoProTM KriStar Enterprises, Inc. KRISTAR P.O. Box 6419, Santa Rosa, CA 95406 SHALLOW CATCH BASIN Ph: 800.579.8819, Fax: 707.524.8186, w .kristar.com FILTER INSERT DWWWG N0. " E. a� FG -LP -0001 A 025 3/20/07 JPR 12/18/06 SHEET 1 OF 2 NOTES: 1. Filter outlet adapter shall be constructed from stainless steel Type 304. 2. Filter element is constructed from polypropylene woven monofilament geotextile surrounding a perforated filter housing. Filter element shall not allow the retention of water between storm events. 3. Filter inserts are supplied with "clip -in" filter pouches utilizing Fossil Rock " filter medium for the collection and retention of petroleum hydrocarbons (oils & greases). 4. FloGardg LoPro TM filter inserts and Fossil Rock'"" filter medium pouches must be maintained in accordance with manufacturer recommendations. 5. Outlet adapter can accommodate outlet openings at right angles and/or bottom outlet openings. 6. For alternate outlet adapter configurations used for extremely shallow trench drains contact Kristar Enterprises for engineering assistance. CONCRETE CURB. i— SIDEWALK. CONCRETE TRENCH DRAIN. (SHOWN) PAVEMENT. RUBBER GASKET EARTH. \i • `�� MATERIAL. • OUTLET ADAPTOR & BYPASS WEIR. REMOVABLE CAP FOR PERIODIC MAINTENANCE. //7 m d® LoProTM TRENCH DRAIN FILTER INSERT FILTER ELEMENT SHEATHED IN GEOTEXTILE SLEEVE. SEE NOTE 2. FOSSIL ROCK'" ABSORBENT POUCHES. KRISTAR KriStar Enterprises, Inc. 360 Sutton Place, Santa Rosa, CA 95407 Ph: 800.579.8819, Fax: 707.524.8186, w .kristar.com )R W'NG NO. 4EV Em JP FG -LP -0002 E 0059 JPR 12/30/08P, 2/21/0 SHEET 1 OF 2 OUTLET ADAPTER & BYPASS WEIR. FILTER ELEMENT WITH GEOTEXTILE SLEEVE. BYPASS FLOW - ? FILTERED FLOW .d a d DETAIL A SECTION VIEW SCALE: 1 X FILTER ELEMENT WITH GEOTEXTILE SLEEVE. OUTLET GALLERY. d� 4 OUTLET e BYPASS PVC TEE. BYPASS FLOW ? FILTERED FLOW DETAIL B SECTION VIEW ALTERNATE ADAPTER CONFIGURATION SCALE: 1 X SPECIFIER CHART MODEL FILTER TYPE TRENCH WIDTH 'ID" (CLEAR OPENING) MINIMUM TRENCH DEPTH (FROM BOTTOM OF GRATE) SOLIDS STORAGE CAPACITY CUBIC FEET FILTERED FLOW CUBIC FEET / SECOND TOTAL BYPASS CAPACITY CUBIC FEET /SECOND FG -TDOF3 PIPE * 3.0 6.5 0.1 0.5 0.1 FG -TDOF4 PIPE * 4.0 6.5 0.2 0.5 0.1 FG -TDOF6 PIPE 6.0 6.5 0.4 0.5 0.2 FG -TDOF8 PIPE 8.0 6.5 0.7 0.5 0.3 FG- TDOF10 PIPE 10.0 6.5 0.9 0.5 0.5 FG- TDOF12 PIPE 12.0 6.5 0.9 1.0 0.6 FG- TDOF18 PIPE 18.0 6.5 1.3 1.5 1.1 FG- TDOF24 PIPE 24.0 6.5 1.8 2.0 1.5 FG -TDOA6 PANEL 6.0 4.5 0.4 0.2 0.2 FG -TDOA8 PANEL 8.0 4.5 0.7 0.2 0.3 FG- TDOA10 PANEL 10.0 4.5 0.8 0.3 0.5 FG- TDOAl2 PANEL 12.0 4.5 1.0 0.4 0.6 FG- TDOA18 PANEL 18.0 4.5 1.4 0.8 1.1 FG- TDOA24 PANEL 24.0 4.5 1.8 1.1 1.5 * ALTERNATE ADAPTER CONFIGURATION. SEE DETAIL B. - CAPACITY PER 4 -FT. SEGMENT USED. TITLE GS and® LoProTM iiIS R KriStar Enterprises, Inc. 360 Sutton Place, Santa Rosa, CA 95407 TRENCH DRAIN FILTER INSERT Ph: 800.579.8819, Fax: 707.524.8186, w .kdstar.com DRAWING NO. m Eco o.ff FG -LP -0002 E 0059 JPR 12/30/08 JPR 2/21/07 SHEE 2 OF 2 SECTION V Inspection 1 Maintenance SMPS iA Section V Inspection/ Maintenance Responsibility for BMPs The Property Owner /managers will be responsible for the operation, inspection and maintenance of each Source Control, Site Design and Treatment Control BMP's outlined in this document. Name: John E. Young and Andrew Sun Title: Managers Company Name: WPI - Newport, LLC Company Address: 4699 Jamboree Road Newport Beach, CA 92660 Telephone Number: (949) 943 -8550 WPI- NEWPORT, LLC. Section V WQMP Jamboree &GmW5031510.dm Page 16 March 22, 2010 FloGard® Downspout Filter/ Installation Guide FloGard®Downspout Filters are typically installed in commercial or industrial building and parking structure downspout (downdrain) pipes for the removal of non - soluble pollutants normally found on building roofs (sediment, gravel, hydrocarbons, etc.) from water runoff from the roof. Key elements of installation are: Install in new or existing downspouts. * Install at a level in the downspout that is accessible from the ground and that will provide easy access to the door of the device and easy removal of the collection basket. This may be on (surface mounted), or in (recessed/flush mounted), an interior or exterior wall. * Flo -Gard Downspout Insert filler is designed to accept 4 ", 6 ", 8" or 10" diameter downspout pipes (o.d. matches Sch 40 iron pipe). Larger downspout pipe sizes may be accommodated with custom designs. * Cut a section from the downspout large enough to allow for the vertical height of the Down- spout Filter plus connection stubs, as well as room for any needed pipe fittings. * Depending on the alignment of the downspout pipe with a recessed /flush mounted Down- spout Filter, fittings (such as two 45- degree elbows, top and bottom) may be necessary. • Attach Downspout Filter connection stubs to the downspout using flexible banded couplings. • See installation detail for guidance on surface mounting and recessed/flush mounting. Questions? Contact KriStar at (800) 579 8819 GENERAL SPECIFICATIONS FOR MAINTENANCE OF FLOGARD® DOWNSPOUT FILTERS SCOPE: Federal, State and Local Clean Water Act regulations and those of insurance carriers require that stormwater filtration systems be maintained and serviced on a recurring basis. The intent of the regulations is to ensure that the systems, on a continuing basis, efficiently remove pollutants from stormwater runoff thereby preventing pollution of the nation's water resources. These Specifications apply to the FloGard® Downspout Filter. RECOMMENDED FREQUENCY OF SERVICE: Drainage Protection Systems (DPS) recommends that installed FloGard® Downspout Filters be serviced on a recurring basis. Ultimately, the frequency depends on the amount of runoff, pollutant loading and interference from debris (leaves, vegetation, cans, paper, etc.); however, it is recommended that each installation be serviced a minimum of three times per year, with a change of filter medium once per year. DPS technicians are available to do an on -site evaluation, upon request. RECOMMENDED TIMING OF SERVICE: DPS guidelines for the timing of service are as follows: 1. For areas with a definite rainy season: Prior to, during and following the rainy season. 2. For areas subject to year -round rainfall: On a recurring basis (at least three times per year). 3. For areas with winter snow and summer rain: Prior to and just after the snow season and during the summer rain season. 4. For installed devices not subject to the elements (washracks, parking garages, etc.): On a recurring basis (no less than three times per year). SERVICE PROCEDURES: I . The FloGard" Downspout Filter shall be visually inspected for defects and possible leakage. 2. The FloGani® Downspout Filter access door shall be opened. The filter tray shall be carefully pulled out using the handle and set on the floor over a drop cloth. 3. The collected materials in the upper filter shall be inspected, and then removed from the liver using an industrial vacuum or by dumping into an appropriate DOT approved container. 4. When all of the collected materials have been removed from the upper filter, it shall be removed to allow access to the lower filter medium. 5. The filter liner, gaskets, stainless steel frame and mounting brackets, etc. shall be inspected for continued serviceability. Minor damage or defects found shall be corrected on- the -spot and a notation made on the Maintenance Record. More extensive deficiencies that affect the efficiency of the filter (tom liner, door gasket damage, etc.), if approved by the customer representative, will be corrected and an invoice submitted to the representative along with the Maintenance Record. 6. The filter medium shall be inspected for defects and continued serviceability and replaced as necessary. See below for disposal. 7. The filter components and tray shall be replaced in the housing and the door closed and secured. REPLACEMENT AND DISPOSAL OF EXPOSED FILTER MEDIUM AND COLLECTED DEBRIS The frequency of filter medium exchange will be in accordance with the existing DPS- Customer Maintenance Contract. DPS recommends that the medium be changed at least once per year. During the appropriate service, or if so determined by the service technician during a non - scheduled service, the filter medium will be replaced with new material. Once the exposed pouches and debris have been removed, DPS has possession and must dispose of it in accordance with local, state and federal agency requirements. Note: As the generator, the hindowner is ultimately responsible for the proper disposal of the exposed filter medium and debris. Because the filter media likely contain petroleum hydrocarbons, heavy metals and other harmful pollutants, the materials must be treated as an EPA Class 2 Hazardous Waste and properly disposed of. DPS relieves the landowner of the actual disposal task, and provides certification of its completion in accordance with appropriate regulations. DPS also has the capability of servicing all manner of storm drain filters, catch basin inserts and catch basins without inserts, underground oillwater separators, stormwater interceptors and other such devices. All DPS personnel are highly qualified technicians and are confined space trained and certified. Call us at (888) 950 -8826 for further information and assistance. �f R!$TAR GENERAL SPECIFICATIONS FOR MAINTENANCE OF FLOGARD®LOPRO TRENCH DRAIN FILTERS SCOPE: GE � F �TT Federal, State and Local Clean Water Act regulations and those of insurance carriers require that stormwater filtration systems be maintained and serviced on a recurring basis. The intent of the regulations is to ensure that the systems, on a continuing basis, efficiently remove pollutants from stormwater runoff thereby preventing pollution of the nation's water resources. These Specifications apply to the RoGard® LoPro Trench Drain Filter. RECOMMENDED FREQUENCY OF SERVICE: Drainage Protection Systems (DPS) recommends that installed FloGardo LoPro Trench Drain Filters be serviced on a recurring basis. Ultimately, the frequency depends on the amount of runoff, pollutant loading and interference from debris (leaves, vegetation, cans, paper, etc.); however, it is recommended that each installation be serviced a minimum of three times per year, with a change of filter medium once per year. DPS technicians are available to do an on -site evaluation, upon request. RECOMMENDED TIMING OF SERVICE: DPS guidelines for the timing of service are as follows: 1. For areas with a definite rainy season: Prior to, during and following the rainy season. 2. For areas subject to year -round rainfall: On a recurring basis (at least three times per year). 1 For areas with winter snow and summer rain: Prior to and just after the snow season and during the summer rain season. 4. For installed devices not subject to the elements (wash racks, parking garages, etc.): On a recurring basis (no less than three times per year). SERVICE PROCEDURES: 1. The trench drain grate(s) shall be removed and set to one side. 2. The service shall commence with collection and removal of sediment and debris (litter, leaves, papers, cans, etc.) 3. The trench drain shall be visually inspected for defects and possible illegal dumping. If illegal dumping has occurred, the proper authorities and property owner representative shall be notified as soon as practicable. 4. Using an industrial vacuum, the collected materials shall be removed from the filter liner. (Note: DPS uses a truck - mounted vacuum for servicing FloGardo LoPro Trench Drain Filters.) 5. When all of the collected materials have been removed, the filter assembly shall be removed from the drainage inlet. The outer filter liner shall be removed from the filter assembly and filter medium pouches shall be removed by unsnapping the tether from the interior ring and set to one side. The filter liner, PVC body and fittings shall be inspected for continued serviceability. Minor damage or defects found shall be corrected on the spot and a notation made on the Maintenance Record. More extensive deficiencies that affect the efficiency of the filter (torn liner, etc.), if approved by the customer representative, will be corrected and a quote submitted to the representative along with the Maintenance Record. 6. The filter liner and filter medium pouches shall be inspected for defects and continued serviceability and replaced as necessary and the pouch tethers re- attached to the PVC body interior ring. 7. The grate(s) shall be replaced. REPLACEMENT AND DISPOSAL OF EXPOSED FILTER MEDIUM AND COLLECTED DEBRIS The frequency of filter medium pouch exchange will be in accordance with the existing DPS- Customer Maintenance Contract. DPS recommends that the medium be changed at least once per year. During the appropriate service, or if so determined by the service technician during a non - scheduled service, the filter medium pouches will be replaced. Once the exposed pouches and debris have been placed in the container, DPS has possession and must dispose of it in accordance with local, state and federal agency requirements. DPS also has the capability of servicing all types of catch basin inserts and catch basins without inserts, underground oil/water separators, stormwater interceptors and other treatment devices. All DPS personnel are highly qualified technicians and are confined space trained and certified. Call us at (888) 950 -8826 for further information and assistance. 04/07 r GENERAL SPECIFICATIONS FOR MAINTENANCE OF FLOGARD ®LOPRO MATRIX FILTERS SCOPE: °��1 -PS Federal, State and Local Clean Water Act regulations and those of insurance carriers require that stormwater filtration systems be maintained and serviced on a recurring basis. The intent of the regulations is to ensure that the systems, on a continuing basis, efficiently remove pollutants from stormwater runoff thereby preventing pollution of the nation's water resources. These Specifications apply to the FloGard® LoPro Matrix Filter. FREQUENCY OF SERVICE: Drainage Protection Systems (DPS) recommends that installed FloGardo LoPro Matrix Filters be serviced on a recurring basis. Ultimately, the frequency depends on the amount of runoff, pollutant loading and interference from debris (leaves, vegetation, cans, paper, etc.); however, it is recommended that each installation be serviced a minimum of three times per year, with a change of filter medium once per year. DPS technicians are available to do an on -site evaluation, upon request. RECOMMENDED TIMING OF SERVICE: DPS guidelines for the timing of service are as follows: 1. For areas with a definite rainy season: Prior to, during and following the rainy season. 2. For areas subject to year -round rainfall: On a recurring basis (at least three times per year). 3. For areas with winter snow and summer min: Prior to and just after the snow season and during the summer rain season. 4. For installed devices not subject to the elements (wash racks, parking garages, etc.): On a recurring basis (no less than three times per year). SERVICE PROCEDURES: I . The catch basin grate(s) or cover shall be removed and set to one side. 2. The service shall commence with collection and removal of sediment and debris (litter, leaves, papers, cans, etc.) . 3. The catch basin shall be visually inspected for defects and possible illegal dumping. If illegal dumping has occurred, the proper authorities and property owner representative shall be notified as soon as practicable. 4. Using an industrial vacuum, the collected materials shall be removed from the filter liner and interior of the catch basin. (Note: DFS uses a tuck- mounted vacuum for servicing F1oGard` LoPro Matrix Fitters.) 5. When all of the collected materials have been removed, the filter assembly shall he removed from the drainage inlet. The outer filter liner shall be removed from the filter assembly and filter medium pouches shall be removed by unsnapping the tether from the stainless steel hooded outlet cover and set to one side. The filter liner, PVC body and fittings shall be inspected for continued serviceability. Minor damage or defects found shall be corrected on the spot and a notation made on the Maintenance Record. More extensive deficiencies that affect the efficiency of the filter (tom liner, etc.), if approved by the customer representative, will be corrected and a quote submitted to the representative along with the Maintenance Record. 6. The filter liner and filter medium pouches shall be inspected for defects and continued serviceability and replaced as necessary and the pouch tethers re- attached to the stainless steel hooded outlet cover assembly. 7. The grate(s) or cover shall be replaced. REPLACEMENT AND DISPOSAL OF EXPOSED FILTER MEDIUM AND COLLECTED DEBRIS The frequency of filter medium pouch exchange will be in accordance with the existing DPS- Customer Maintenance Contract. DPS recommends that the medium be changed at least once per year. During the appropriate service, or if so detemdned by the service technician during a non - scheduled service, the filter medium pouches will be replaced with new pouches. Once the exposed pouches and debris have been removed, DPS has possession and must dispose of it in accordance with local, state and federal agency requirements. Note: As the generator, the landowner is ultimately responsible for the proper disposal of the exposed filter medium and debris. Because the filter media likely contain petroleum hydrocarbons, heavy metals and other harmful pollutants, the materials must be treated as an EPA Class 2 Hazardous Waste and properly disposed of. DPS relieves the landowner of the actual disposal task, and provides certification of its completion in accordance with appropriate regulations. DPS also has the capability of servicing all types of catch basin inserts and catch basins without inserts, underground oil/water separators, stormwater interceptors and other treatment devices. All DPS personnel are highly qualified technicians and are confined space trained and certified. Call us at (888) 950 -8826 for further information and assistance. 04/07 SECTION A Location Map, Site Plan I BMPa Details t, Section VI Location Map, Plot Plan & BMP Details WPI- NEWPORT, LLC. Section VI WQMP Jambore &Campus 031510.tloc Page 17 March 22, 2010 SWC CAMPUS AND JAMBOREE 4669 JAMBOREE ROAD AND 5190 CAMPUS DRIVE, NEWPORT BEACH, CA sa'o; egoF 405 m rr O Fob 8 D Oc d''AOS OJ T SI Aw cP 3 8 E r� 4 4 VICINITY MAP NTS E g 2 O= o$ - o to ao �� II � y O Q O C W W C O ao Q U E ; z� — wP v x� - 39 00 T. 0 C A CL m a+ N m a J v a � a w A t C7 v"i m Q N U I A CL s N V N i6 d N I C CO co V Q z O a 3 a 2 F n 2 n �n 3 I w � � O - Ur @ !cx d Z a=mass ,. aC 1 anraa sndwna r n- w� o� v �E 5 0 v C a a c 'v @ C7 w c V N P J K a > v J ai d � y L is N R Q q U a t N N R v v c p� � Y m o .. 3`o v � z d Z r q a E a v � a Y E O 6 q 3 'c W `p d q 3A w �s s �`s4�gg Q �cg'ZYF�%2 a �OOCb 3AI8a sndWV3 I I , I I I Q I \I I I I I III rl I I 4\ I I f— 0 0 a 0 1' W w O co 2 a i oK U .a i 1 V to P r°o M 0 Z 5 W f d n.i N a d co a q U V N d 10 d C m C1 O fl_ v O 6 3 z Z C A 6 Y Ja K E O 6 q W e Z �- 6 3 q I I I I �/ LON/O4 4RWf CF � oe- amec /c uNT uFV@mrn nL � � � I� �1 EXISTING FS 47.50 I 1 1 1 1 Q ool =r�l 3.31 I — 1 — — m JAMBOREE ROAD Jamboree / Campus Center Newport Beach, CA 47.50 1.13 1.83 B rI x xx II r PRE DEVELOPMENT DRAINAGE PLAN LI W �I e/ 1 LEGEND EIBSRND PROPOSED - - - - - -- PROPERTY LINE - - - - - -- -- - - - - -- EASEMENT -- - -__ -- CURB A GUTTER CONTOURS —575U O MANHOLE STORM DRAIN ROOF DRAIN I GLARED END SECTION ELECTRICAL E FIBER OPTIC —FO— - GAS — G — IRRIGATION I — -. SANITARY SEWER —55 — TELEPHONE T WAVER w PRE HYDRANT DIA DIAMETER MH MANHOLE E: EASTING N'. NORTHING ELEV ELEVATION PR PROOSED EX EXISHNG RFD HWF DRAIN HGL HYDRAULIC GRADE LINE BRA STATOR IN INLET STM STORM INV INVERT WO WATER OUAUTY VffR WATCH LEGEND HYDROLOGIC AREA •��• TRISUTARYAREA DIRECTION OF ROW f PRE DEVELOPMENT rmuwz aaA pyQ �uC CIE DESIGN AREA D C AREA IN C100 ACRES AREA SUMMARY IMPERVIOUS AREAS: RWLDINGOOVERAGE ............................ 0.484AC(275 %) PARKINGNRIVEWAYBMARDBCAPES ... 0.901 AD (510 %) TOTALAREA ............ 1.995 AG I 78.5 %) PERVIOUS AREAS: LANDSCAPE AREA ..... ..............................0,360 A0 ( 21.5 %) — — — — - GRAPHIC SCALE IN RBET ) t = 7.o R. C10.00 IRV07- 0075 -02 REV 05.06.10 WARE MALL OMB Leading Design for Commercial Real Estate integrated service I waremalcomb.com across north america 1 EXISTING BUILDING I 1 1 1 1 _ 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 I — — m JAMBOREE ROAD Jamboree / Campus Center Newport Beach, CA 47.50 1.13 1.83 B rI x xx II r PRE DEVELOPMENT DRAINAGE PLAN LI W �I e/ 1 LEGEND EIBSRND PROPOSED - - - - - -- PROPERTY LINE - - - - - -- -- - - - - -- EASEMENT -- - -__ -- CURB A GUTTER CONTOURS —575U O MANHOLE STORM DRAIN ROOF DRAIN I GLARED END SECTION ELECTRICAL E FIBER OPTIC —FO— - GAS — G — IRRIGATION I — -. SANITARY SEWER —55 — TELEPHONE T WAVER w PRE HYDRANT DIA DIAMETER MH MANHOLE E: EASTING N'. NORTHING ELEV ELEVATION PR PROOSED EX EXISHNG RFD HWF DRAIN HGL HYDRAULIC GRADE LINE BRA STATOR IN INLET STM STORM INV INVERT WO WATER OUAUTY VffR WATCH LEGEND HYDROLOGIC AREA •��• TRISUTARYAREA DIRECTION OF ROW f PRE DEVELOPMENT rmuwz aaA pyQ �uC CIE DESIGN AREA D C AREA IN C100 ACRES AREA SUMMARY IMPERVIOUS AREAS: RWLDINGOOVERAGE ............................ 0.484AC(275 %) PARKINGNRIVEWAYBMARDBCAPES ... 0.901 AD (510 %) TOTALAREA ............ 1.995 AG I 78.5 %) PERVIOUS AREAS: LANDSCAPE AREA ..... ..............................0,360 A0 ( 21.5 %) — — — — - GRAPHIC SCALE IN RBET ) t = 7.o R. C10.00 IRV07- 0075 -02 REV 05.06.10 WARE MALL OMB Leading Design for Commercial Real Estate integrated service I waremalcomb.com across north america w W Z W U N CL Q U O Z Q W W O m Q 59 r u m m m r CL m Z �i O J LL w Q 2 z w m IL O J w w 0 w Ir IL N m 0 O a O m ot� C m � 'C -9; m E N `O m O (O O a m a m c o m c o m II ¢-� Co L (p E U II II O w m N Q O L L N O O N m N V C CF- N — cl C p U m Co _ O N m m m N O_ O O _m 75 O cr, C m E C' m? 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C -10.1 I RV07- 0075 -01 REV. 05 -06 -2010 PLAN SPECIFIC NOTES STORM DRAIN INLET (KRISTAR FILTER INLETS) PARKWAY CULVERT FLOGARD LO PRO TRENCH DRAIN WITH FILTER INSERT RETAINING WALL, HEIGHT AS NOTED ON PLAN PROPOSED BIOSWALE, MIN SLOPE 0.5% PER DETAIL HEREON PROPOSED TRASH ENCLOSURE PROPOSED TRANSFORMER FLOGARD DOWNSPOUT FILTER ASSEMBLY LEGEND: L = XXX' A X.X AC AREA SUMMARY IMPERVIOUS AREAS: BUILDING COVERAGE ............................. 1.200 AC (68 %) MISC. IMPERVIOUS AREA (PAVING) ...... 0.106 AC ( 6 %) TOTAL AREA .......... 1.306 AC ( 74 %) PERVIOUS AREAS: LANDSCAPE AREA .... ............................... 0.459 AC (26 %) DRAINAGE BOUNDARY RUNOFF TRAVEL LENGTH (FT) NAME OF DRAINAGE AREA DRAINAGE ACREAGE FLOWLINE NODE NUMBER FINISH SURFACE ELEVATION Q VALUE (CFS) - 100 YR Q VALUE (CFS) - 10 YR BIOSWALE DETAIL NTS " THE ENTIRE BASE OF ALL BIO- SWALES SHALL HAVE AN 36" LAYER MIXTURE OF SAND & PEAT. THE MIXTURE SHALL BE 2 CALTRANS FINE AGGREGATE PER 90 -3.03 AND '3 PEAT OR CLASS "A" COMPOST, SAND COMPOST SHALL BE DRUM MIXED PRIOR TO PLACEMENT, TRIP TICKET PROVIDING SPECIFICATION SHALL BE MADE AVAILABLE TO INSPECTOR. WARE MALCOMB Leading Design for Commercial Real Estate integrated service I waremalcomb.com across north america JAMBOREE AND CAMPUS CENTER Newport Beach, CA Q=CxlxA C = runoff coefficient obtained from table/interpolation I = rainfall intensity (0.2in/hr) A = area of the site or sub-drainage area in acres C= 0.900 A=I 0.073 ac Imp= l 1001 Q= 0.013 cfs AMON- 1j, C= 0.900 A= 0.436 ac Imp= 84.7 Q= 0.078 cfs AMON- 1j, C= C= 9001 A= %.2g ac Imp= 1001 Q= 0.047 cfs .M C .. "I' N C= 0.225 A- 1.17 ac Imp= 90.7 Q= 0.064 cfs .M C .. 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X m O a) 0 u Q- u u S If F u u CL LL u U Q 0 N O L m C_ E c V N� M O O O II QJ it II 21-- U II -Q II II LL II U w W H z W U N a a U 0 z Q W W Q' O m Q R, L O A d m r O a 3 m Z O J LL W Q z_ z z W m a O J W W O F- fq O a N � 0 N O m C N N C 9 In m Z E m O N m N Un > N O N O O N 7 l] N O N > <0 C O Co c p 2 W II QJS 0 L (p E O 5 II > N _ w y _ C "�' w N Z Q L L V U 0 N U (0 C 0 N N_ C N U U N 0 N m N C w O .J N > N N (0 N d m 0 0 a c: N E C i ' N@ Of O F-JU O= F- c �O 1I Q- II II SFV II II ii cl cl II QLLU 0 N O m ct� C_ E C 9 In m (O 0 m O N m N Un O O O O N 7 O II QJS II II IIt F- II —QLL 11 cl II II U w W z {L U N a V z Q W W w 0 m Q T r u A m m r 0 0. 3 m z O J LL w O z z_ D z z w 2 IL O J W W F !q O IL N �c N 0 c m O m d E t E CO > m o N O N O N (O N to a O a� O -C c o E 0 c m II Q 2 ~ 11 x _ O w U II LL y 42 Q o L N C C w CO N d U_ C Co CL c m U U m m m _ 0 N to (D d N E m C O ' O O hJOH 0.- O N M 2Ci O) la�l J II xr- 0 II II a LL II v 0 N O m t� C_ E t E CO N N N O N O N (O N to O O O O (h d II Q II J 11 x U F II II Q II LL II U D -4 Figure D -I Tel LIMITATIONS- 100 I. Maximum length z1000 Feet T& .. 1000 90 2. Maximum area = 10 Acres $i (mW 900 80 a. $ 800 70 u H yoo 6 Y w g 400 60 300 iS 300 - ,'•� .. 700 c Q_ 200 $ o 7r .. 50 ° N Q.p� 100 c .. 600 Q. 0 so . m ° E P��- w 330 ° �9 i 500 3 `c 20 �:�' • ; G c a io , 0 =; 10 c s 400 EL a (fj I I c _ Undeveloped Good Cover Q,'m 2 12 e ° 350 g r20 m Undevelo c 1.0 13 ° c Fair 0 — •9 0 E _ .e �14 300 c Uo a weed O c 3 �Zl IS or r` zpo : , 2 I6 S e Single Family j' 17 E v (5-7 Du /Ac) L C c IS:,' C(ommerdc� I 19 a `° - ;1'4 KEY 20 J 200` 13 L- H- Tc -K -Tc' c 12 �Zl W w o ,'i" 10 25 u m Pis' Development g 150 9 80, =' Apartment 75- Mobile Home 30 ° 6 45- Condominium ° [ 60- Single Family-5,000 tt2 Lot 7 >' "�` 40- Single Family -1/4 Acre Lot 20- Single Family -I Acre Lot 35 6 15 - Developed Open Space 100 10 -Single Family -21/2 Acre Lot 40 2CaiC57 EXAMPLE: c y ®a� (1) L= 550', H =5.0', K =Single Family (5 -7 DU /AC) Development, Tc =12.6 min. (2) L= 550', H= 5.0, K= Commercial € " 4 Development, Tc =9.7 min >5 W ORANGE COUNTY TIME OF CONCENTRATION NOMOGRAPH HYDROLOGY MANUAL D -4 Figure D -I T .T d w O _ a 0 Model No. Inlet ID dia. , in Box OD in x in x in Solids Storage Capacity cu ft Filtered Flow m Bypass Capacity m FG -DS4 4 14 x 29 x 7.5 0.35 30 145 FG -DS6 6 14 x 29 x 7.5 0.35 85 425 FG -DS8 8 22 x 33 x 17.5 1.70 185 915 FG -DS10 10 22 x 33 x 17.5 1.70 325 1,650 Notes: 1. Storage capacity reflects 80% of maximum solids collection prior to impeding fi8ering bypass. 2. filtered flow rate includes a safety factor of 2. 3. FloGarda Downspout Filters are available with standard Fossil Rock or other custom adsorbents. 4. FloGard® series filters should be used in conjunction with a regular maintenance Program. Refer to manufacturer's reonunended maintenance guidelines. 1APM0 listing No. 4868 Patent Pending FLOGARD® DOWNSPOUT FILTER KriStar Enterprises, Inc., Santa Rosa, GA (800) 579 -8819 FloGard® LoPro Matrix Filter The FloGard® LoPro Matrix Filter is a modular filter designed to collect particulates, debris, metals and petroleum hydrocarbons from stormwater runoff. It includes a W resistant woven geo- textile wrapped around a perforated core encapsulating an adsorbent which is easily replaced, providing for flexibility, ease of maintenance, and economy. For urban sites with shallow drainage, particularly at property perimeters or across entrance driveways, the FloGard® LoPro Matrix Filter provides an effective solution to comply with stormwater runoff issues. The units perform as an effective filtering device at low flows ("first flush ") and, because of the built -in high flow bypass, will not impede the drainage system's maximum design flow. FloGard® LoPro Matrix Filters are available in sizes to fit common catch basin sizes, or are available as complete packaged "plug and play" units including filter integrated with a precast concrete catch basin with traffic -rated grate. MODEL CATCH BASIN ID SOLIDS STORAGE CAPACITY CUBIC FEET FILTERED FLOW CUBIC FEET ISECOND TOTAL BYPASS CAPACITY CUBIC FEET SECOND FG -M1818 18" X 18" 0.1 0.1 1.0 FG -M2424 24" X 24" 0.3 0.3 1.7 FG -M2436 24" X 36" 0.4 0.5 2.3 FG -M3636 36" X 36" O.8 0.9 4.1 FG -M3648 3" X 48" 1.1 1.3 4.6 FG -M4848 4::; X 48" 1.6 1.8 6.6 Questions? Contact Kristar at (800) 579 -8819. 04107 FloGard® LoPro Trench Drain Filter The FloGard® LoPro Trench Drain Filter is a modular filter designed to collect particulates, debris, metals and petroleum hydrocarbons from stormwater runoff into trench drain systems. It includes a UV- resistant woven geo- textile wrapped around a perforated core encapsulating an adsorbent which is easily replaced, providing for flexibility, ease of maintenance, and economy. For the narrow and constricted areas often found in trench drains, the FloGard® LoPro Trench Drain Filter provides an effective solution to comply with stormwater runoff issues. The units perform as an effective filtering device at low flows ('first flush ") and, because of the built -in high flow bypass, will not impede the drainage system's maximum design flow. FloGard® LoPro Trench Drain Filters are available in sizes to fit common trench drain sizes, or are available as complete packaged "plug and play" units including filter integrated with a steel trench drain. MODEL FILTER TYPE TRENCH WIDTH "ID" (clear opening) MINIMUM TRENCH DEPTH (from bottom of grate) SOLIDS STORAGE CAPACITY CUBIC FEET FILTERED FLOW CUBIC FEET /SECOND TOTAL BYPASS CAPACITY CUBIC FEET /SECOND FG -TD0F3 PIPE 3.0 6.5 0.1 0.5 0.1 FG -TD0F4 PIPE 4.0 6.5 0.2 0.5 0.1 FG -TD0F6 PIPE 6.0 6.5 0.4 0.5 0.2 FG -TDOFS PIPE 8.0 6.5 0.7 0.5 0.3 FG- TD0F10 PIPE 10.0 6.5 0.9 0.5 0.5 FG- TD0F12 PIPE 12.0 6.5 0.9 1.0 0.6 FG- TD0FIB PIPE 18.0 6.5 1.3 1.5 1.1 FG- TDOF24 PIPE 24.0 6.5 1.8 2.0 1.5 FG -TD0A6 PANEL 6.0 6.5 0.5 0.2 0.3 FG -TDOAS PANEL 8.0 6.5 0.7 0.2 0.3 FG- TD0A10 PANEL 10.0 6.5 0.8 0.3 0.5 FG- TDOAl2 PANEL 12.0 6.5 1.0 0.4 0.6 FG- TDOA18 PANEL 18.0 6.5 1.4 0.8 1.1 FG- TDOA24 PANEL 24.0 6.5 1.8 1 1.1 1.5 Questions? Contact Kristar at (800) 579 -8819. 4107 BOARD OF BUILDING AND SAFETY COMMISSIONERS MARSHA L. BROWN PRESIDENT VAN AMBATIELOS VICE- PRESIDE.N, HELENA JUBANY ELENORE A. WILLIAMS May 1, 2008 Craig Beatty Kristar Enterprises, Inc. 1219 Briggs Ave Santa Rosa, CA 95401 CITY OF LOS ANGELES CALIFORNIA �IIIIIII ©' ANTONIO R. VILLARAIGOSA MAYOR DEPARTMENT OF BUILDING AND SAFETY 22319 DORRIS PLACE LOS ANGELES. CA 9D93t ANDREW A. ADELMAN, P.E. GENERAL MANAGER RAYMOND CHAN EXECUTIVE OFFICER RESEARCH REPORT: RR 5637 EFFECTIVE DATE: 05?01108 EXPIRATION DATE: 0501i09 Telephone: 800-579-8819 GENERAL APPROVAL - Renewal -"Flo Gard" LoPro Matrix R Trench Drain modular series filters manufactured by Kristar Enterprises, Inc. See attachment for list of approved model numbers. DETAILS The F1oGard Lo Pro Series Filters are designed to collect particulate, debris, metals, and petroleum hydrocarbons from storm water runoff. These filters include a li V- resistant woven geotextile fabric liner wrapped around a perforated core encapsulating a replaceable adsorbent. A built -in high flow bypass is also included in these filters. F1oGard LoPro series filters may fit in a common trench drains or catch basin sizes. The approval is subject to the following conditions: This product may be installed in a storm water treatment system outside of a building (commercial or a residential) structure. 2. The storm water treatment system shall be sized in accordance with the manufacture's recommendations, Table -1 shown on Page 3, Table -2 of Page 3, Chapter 11 and Appendix D of the Los Angeles Plumbing Code (LAPC), 2008 Edition. 3. Storm water drainage piping plans shall be submitted to Mechanical Plan Check and permit shall be obtained prior to installation of this product. 4. This product shall be maintained periodically per manufacturer's printed instructions. 5. The Strom water systems shall be accessible for inspection and maintenance purposes. 6. A permit from Watershed Protection Division (Phone Number: 213- 482- 7066), Department of Public Works, shall be required for each installation. 7. Each storm water quality device shall be permanently identified with the name " Kristar RR -5637 LAOBS G- 51Re'.:303I AN EQUAL EMPLOYMENT OPPORTUNITY - AFFIRMATIVE ACTION EMPLOYER Page 1 of 4 Kristar Enterprises, hic. RE: F1oGard F1oPro Matrix & Trench Drain Filters DISCUSSION File and reports were examined by the Mechanical Testing Laboratory. The materials are equivalent to that prescribed by the Los Angeles Municipal Code (LAMC) in quality, strength, effectiveness, durability and safety. For this General Approval to be valid on any individual construction project in the City of Los Angeles, an engineer or inspector of the Department of Building and Safety must make a determination that all conditions of the General Approval required to provide equivalency have been met in the case of each construction project under construction. This approval is granted under Sections 94.101.3, 94.301.1, 94.301.2, 94.307.0, 94.1101.1 and 94.11013 of LAPC, 2008 Edition. Approved by: 12, Thomas Liu, Director Mechanical Engineering Section Engineer Bureau Prepared by: Mark Wang Mechanical Testing Laboratory Engineering Bureau RR -5637 Page 2 of 3 Kristar Enterprises, Inc. RE: FloGard FloPro Matrix & Trench .Drain Filters Kristar Enterprises, Inc. Research Report 5637: F1oGard® LoPro Matrix & Trench Filter Drain Capacity Tables A. Table -1: F1oGard@ LoPro Matrix Filter Model Number Filtered Flow Capacity (cubic feet per second) Bypass Flow Capacity (cubic feet per second) FGM -1818 0.17 1.10 FG :M2424 0.30 1.50 FG -M2436 0.52 2.00 FG -M3636 1.36 4.60 FG _M3648 2.10 5.70 FG -M4848 2.40 6.00 B. Table -2: F1oGard@ LoPro Trench Drain ratnr Model Number Filtered Flow Capacity (cubic feet per second) Bypass Flow Capacity (cubic feet per second) FG- TDOF3* 0.07 0.15 FG- TDOF4* 0.07 0.15 FG -TDOF6 0.07 0.32 FG -TDOF8 0.07 0.36 FG -TDOF 10 0.10 0.51 FG- TDOF12 0.13 0.65 FG- TDOF18 0.22 1.10 FG- TDOF24 0.33 1.50 FG -TDOA6 0.07 0.32 FG -TDOA8 0.07 036 FG- TDOA10 0.07 0.51 FG -TDOA 12 0.13 0.65 FO- TDOA18 0.22 1.10 FG- TD0924 *L" 0.33 1.50 se pipe tee outlet adapter. RR-5637 Paoe 3 of 3 m n c �»'m o n � 1 w O 3 Z � 5 y d 4 Section VII Educational Materials Included The following is a list of educational materials included in this WQMP. * Brochure: "Stormwater 101 Fact Sheet" * Brochure: "The Ocean Begins at Your Front Door" * Brochure: "Do You Know Where The Water In Your Storm Drain Goes? * Brochure: "Sewage Spill Regulatory Requirements" * Brochure: "Proper Maintenance Practices for Your Business" * Brochure: "Recycle at Your Local Used Oil Collection Center (North County)" * Brochure: "Recycle at Your Local Used Oil Collection Center (Central County)" * Brochure: "Recycle at Your Local Used Oil Collection Center (South County)" * Sample Stencil: "No Dumping - This Drains To Ocean" * Training Module: "Automotive Business - Mechanical Repair, Maintenance, Fueling and Cleaning WPI- NEWPORT, LLC. 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O 0 ti a U a O 9 N y O v L 1+ C 7 CAw „O' A •p O' w O N 0 0 C . �a.o� d v >uNg 0 y v 0 3 L v G E J 5 o g v u v u a 0 u tea`. v w O C v. v G v w O.u� O Cw av-0 o G w - L p g a d O u a o a ° G C v � v X1-01 o v v 3 3 ,�; •O i b w u N H X ^ G U C O G -aw ti 4 t11 ro❑❑ a C O A L w � u Ea v 1; 0 u -a 0 y ti » d" o R w C w u o E u �.' O 'J u O v •� G •O ps V- N a C N u C L 0.— L F u° .o .a ° a p° o v E r O? O V S A e C N O a a bo . 7 G L Oa G .O o U O .Zj O w G w w v 0 7 L 4 O N .� O �. rn w ■ v E a° ■ Ee c F! Y O v F M E L 3 r o ° C yC 'O y F u 4 0 .n kolf. mere ample Reps w help redure vrater pollution: Household Actrvitics ■DO oot rinse spur wish water. Use dry deannp m<tlsods Suchasapplyingof Rt,to, d, absotbvurmt ugsweepanddisposes, in tratIl Take iterau such a used ot. b.veria, oven d—en, -mono m fluids, Painting prod.rn, and olhode ray obe, like TV, and ..put, mortitor, w a Horadsold Hanrdmu Waste collecti., center. ■For a household haaldour waste reflection center near you eR (ill) 83"75-2 or isit ,,odaldfi%," n - ■Wnothmdouryourdn way, sdcwik of Paris W the ones, gape, or Allan drain. Sweep up ddb,h and dnpone of in Arid Aafamob re NTake your mhide to a ro nummial or touch wheteay possible, f you wads )our mhide a home. choose soaps, cleaner. or derengena Labeled nonaotic, phosphate fm or biodegadable. Vegetable and data hard prvduca art typfelly safer for the ^�nL Sao not allow wuhw.mer from vehicle wishing into the war, gutter or Aorta drain. Excess snrhnxr should be disposed of in the sanitary sewer (through a audit or toilet) or onto an Absorbent Surface like your lawn. I•Moniwr mhkle for leab and place a pan under kale . Keep your w,hida well nednLairted to stop and prevent leab. MNema pour oil or anuf eere in the weet, gutter -Aorta drain. Rmyde these substances ua rasa Aarton, a wale oil collection cents or rewdd recycling center. For the nearest Used 07 CORatiov Cents ell l VRLC:ITANUPor Alit wwar.l RlNM ea..P.o% Pool Mainterfarrce ■Pool and spa wamr nun be dechiorirased and be free d'excer arid, alUi or color to be allumal in the sueeL gutter or norm drain. ■ Whenever potable, drain dechlorimled pool and spa weer dim ay into she sanitary sewer but ord, when it b ens raining. .Some dtia may lure ordimues that do not allow Pool aster to be disposed into the storm dehG Check with your city. Landscape and Gardermig ■ W tat owrro¢r. War ,our lawn and garden by hand tocmool the amount averter you one o At irrigation syuerm to reflert sexual Paler needL Wmaer flcM ofygn yard onto your dtim.W orsidewdk, your •yawn u oev- wamaing. Periodically inspect and fu leaks and ,undirected spr(nklern �Do not rake or blow leaes, tipping, or panning rape into the street, gutter or stone drain. breed dispose ofwate by composting, hauling it to a permi,,M landfill, orx green waste thmugb your city's recycling progam. MFOBM dirtetions on paticide, and fendiur, (nwawre, do not esduune amounts) and do not us, f rain b predicted with 18 houtn. Mbke u,wanted pesticide to a Hasehold Hazardous %ate Collection corner to be rtcyeled. For loetiom and hours d Household Haardms Waste Collection Centen call ,1 52 or viwwt w.rw.�wbndfdls.coty. Trash ■Place trash and liner dot coon., be rasded in A ncly covered trash ran,. 0 Whenever possible, buy recycled prod,.,: ■Remember Reduce, Iteutt, Recmk Pet Care MAlmq, pickup alter your peL Hush mute down the toilet or dispose in the u a , pe, wane, if left ..doors, ran mull into the s[rc,[, gnnwr scow,. drain. 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N dGN G N O N Q±N N Iv Q H h op y� F rn \y q Fa N O N U G v S n a x ¢ w 3 h ►Gy7i u v A a .Q a. o 0 0. 0 °' m o0 z N r�i .CV o U o m a'' v v Q v v y M OD\ O fi O ry M N N 'O [� 7 M Y1 N O ONO S U) L' ',�j ►., v D G .y N O '� OFN on .°iN oQ Cr a ;Ll o F.td1 ya as :3 a� E C M M N �p a!+`°h° boo fi A � im a m n m a ie ��aZal & ASSOCIATES,INC. qm� GEOTECHNICAL ENGINEERING • ENVIRONMENTAL ENGINEERING CONSTRUCTION TESTING & INSPECTION Project No. 112 -05 -04 June 10, 2005 Ms. Connie Fox World Premier Investments 3 Imperial Promenade, Suite 550 Santa Ana, California 92707 RE: Groundwater Condition SWC Jamboree Road and Campus Drive Newport Beach, California Dear Ms. Fox: As requested, we have prepared this letter to provide groundwater information for the subject site. Four borings were drilled on June 9, 2005 to depths of 41 to 51 feet below existing grade. Test boring locations were checked for the presence of groundwater during and immediately following the drilling operations. Free groundwater was encountered at a depth of approximately 32 to 33 feet below existing site grade. However, the EDR (Environmental Data Resource) report indicates the groundwater level is at a depth 21 feet below grade. It should be recognized that water table elevation might fluctuate with time. The depth to groundwater can be expected to fluctuate both seasonally and from year to year. Fluctuations in the groundwater level may occur due to variations in precipitation, irrigation practices at the site and in the surrounding areas, climatic conditions, flow in adjacent or nearby canals, pumping from wells and possibly as the result of other factors that were not evident at the time of our investigation. Therefore, water level observations at the time of our field investigation may vary from those encountered during the construction phase of the project. The evaluation of such factors is beyond the scope of this report. Long -term monitoring in observation wells, sealed from the influence of surface water, is often required to more accurately define the potential range of groundwater conditions on a site. If you have any questions regarding the information or recommendations presented in our report, or if we may be of further assistance, please contact our Ontario, California office at (909) 974 -4400. Respectfully submitted, KRAZAN & ASSOCIATES, INC. 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V 24 �.., L30)1 E�' -yam �q I Is a'd'o \ �2- j `1 /v \ iB jLZZxn� ` piEH 0 `a IvO �; ! a, SAO .2T ih 0n9~ d 50X1 Fos 4\. - 61 15 _I'. � 0 \ �I 41) aq 5 ``2 ! 1' 5� t I° 4 Q f96) _B i C� T r� \ r 2n 3�) ° \ `a),, IB.•l0� -O `81 q9 I`I� 3d�]0 1 ° 544T'r. ..hl 48`1 q 7til ! V 24 �.., L30)1 E�' -yam `6 1 b t �2- j `1 /v _I'. � 0 \ �I 41) aq 5 ``2 ! 1' 5� t I° 4 Q f96) _B i C� ! \ `a),, _I'. � 0 \ �I 41) aq 5 ``2 ! 1' 5� t I° 4 Q Appendix C Land Use Consistency Analysis Appendix C Land Use Consistency Analysis Policy Consistency Analysis GENERAL PLAN LAND USE ELEMENT Policy LU 1.5 Economic Health The proposed project is consistent with this policy. Encourage a local economy that provides adequate commercial, The proposed project would allow for the construction and operation of a new business office, industrial, and marine- oriented opportunities that provide plaza. As discussed in Section XIII, Population and Housing, of the Initial Study employment and revenue to support high - quality community services. Environmental Checklist, the proposed project would provide approximately 47 construction jobs and an average of 148 professional jobs. Therefore, the proposed project would support the provision of adequate office opportunities that would provide construction and operation employment and stimulate the local economy. Policy LU 2.2 Sustainable and Complete Community The proposed project is consistent with this policy. Emphasize the development of uses that enable Newport Beach to continue as a self - sustaining community and minimize the need for residents to travel outside of the community for retail, goods and services, and employment. Policy LU 3.1 Neighborhoods, Districts, Corridors, and Open Spaces Maintain Newport Beach's pattern of residential neighborhoods, business and employment districts, commercial centers, corridors, and harbor and ocean districts. Newport Business Plaza Administrative Draft Initial Study /Mitigated Negative Declaration The proposed project would allow for the construction and operation of a new business plaza that would provide short-term and long -term employment opportunities for area residents. The construction and operation jobs provided by the proposed project could potentially be fulfilled by the local workforce residing in the City of Newport Beach. Therefore, the proposed project would enable the City to continue as a self - sustaining community and minimize the need for residents to travel outside of the community for The proposed project is consistent with this policy. The proposed project would amend the General Plan and Koll Center Newport Planned Community text to increase the allowable development square footage. The proposed project would be a business plaza within the existing developed Koll Center Newport Planned Community, which encompasses a large portion of the City's business and employment district. Furthermore, it would blend in with the existing architectural characteristics. Therefore, it would maintain Newport Beach's pattern of business and employment districts in that area. C -1 April 2010 icF Jas 0as72.0e City of Newport Beach Policy Consistency Analysis Policy LU 3.2 Growth and Change Enhance existing neighborhoods, districts, and corridors, allowing for re -use and infill with uses that are complementary in type, form, scale, and character. Changes in use and/or density/intensity should be considered only in those areas that are economically underperforming, are necessary to accommodate Newport Beach's share of projected regional population growth, improve the relationship and reduce commuting distance between home and jobs; or enhance the values that distinguish Newport Beach as a special place to live for its residents. The scale of growth and new development shall be coordinated with the provision of adequate infrastructure and public services, including standards for acceptable traffic level of service. Policy LU 3.8 Project Entitlement Review with Airport Land Use Commission Refer the adoption or amendment of the General Plan, Zoning Code, specific plans, and Planned Community development plans for land within the John Wayne Airport planning area, as established in the JWA Airport Environs Land Use Plan (AELUP), to the Airport Land Use Commission (ALUC) for Orange County for review, as required by Section 21676 of the California Public Utilities Code. In addition, refer all development projects that include buildings with a height greater than 200 feet above ground level to the ALUC for review. Newport Business Plaza Draft Initial Study /Mitigated Negative Declaration Appendix C. Land Use Consistency Analysis The proposed project is consistent with this policy. The proposed project would amend the General Plan and Kell Center Newport Planned Community text to increase the allowable development square footage, and would allow for the development of a business plaza on a site that is currently occupied by two connected buildings and a 113 -stall surface parking lot. The proposed amendments would increase density /intensity in the Koll Center Newport Planned Community, but would be largely consistent with surrounding land use designations and existing zoning, and would be consistent with the density of the proposed land use designations and the surrounding business district (as discussed in Policy LU 4.1 below). As discussed in Section XIV, Public Services, and Section XVII, Utilities and Service Systems, of the Initial Study Environmental Checklist, the proposed project would have adequate infrastructure and public services and would not exceed existing service levels for public services or utilities. Furthermore, as discussed in Section XVI, Transportation and Traffic, of the Initial Study Environmental Checklist, the decrease in trips that would result during operation of the proposed project would not result in a significant deterioration of surrounding intersections or the roadway network. Therefore, the proposed project would result in complementary type, form, and scale of the existing neighborhood, and would be adequately served by the existing infrastructure and public services. The proposed project is consistent with this policy. As discussed in Section VIII (e) and (f), Hazards and Hazardous Materials, in the Initial Study Environmental Checklist the proposed project site is located within the Airport Environs Land Use Plan (AELUP) jurisdiction of John Wayne Airport. Furthermore, the proposed project is within the height restriction zone for the John Wayne Airport and the notification area of the Federal Aviation Regulation (FAR) Part 77 Imaginary Surfaces aeronautical obstruction area. The proposed project includes constructing a 1 -story bank, two 3 -story office buildings, and a 2 -level parking structure with a maximum height of 62 feet, on a site that is approximately 50 feet above mean sea level (Krazan & Associates 2005). The proposed project would require notification to the Federal Aviation Administration (FAA) in accordance with Section 77.13 of the FAR because the proposed project would exceed the notice criteria for 77.13(a)(2) by 13 feet (Federal Aviation Administration 20 10). As discussed in Section VIII, Hazards and Hazardous Materials, Mitigation Measure HM -2 would require notification to FAA in accordance with Section 77.13 of the FAR to ensure aviation - related safety hazards are reduced. Projects that meet the height restriction threshold must comply with federal and state procedures, including filing a Notice of Proposed Construction or Alteration (FAA Form 7460 -1). FAA would then perform an aeronautical studv to determine if the oroiect is considered an obstruction C -2 May 2010 icF AS 0as72.0e City of Newport Beach Appendix C. Land Use Consistency Analysis Policy Consistency Analysis and if the project is determined to be a hazard to air navigation (Airport Land Use Commission 2008). After mitigation, the proposed project would comply and be compatible with the land use standards established in the City's Municipal Code and the Airport Land Use Commission's John Wayne AELUP. Policy LU 4.1 Land Use Diagram Accommodate land use development consistent with the Land Use Plan. Figure LUI depicts the general distribution of uses throughout the City and Figure LU2 through Figure LU15 depict specific use categories for each parcel within defined Statistical Areas. Table LUI (Land Use Plan Categories) specifies the primary land use categories, types of uses, and, for certain categories, the densities /intensities to be permitted. The permitted densities /intensities or amount of development for land use categories for which this is not included in Table LUI, are specified on the Land Use Plan, Figure LU4 through Figure LU 15. These are intended to convey maximum and, in some cases, minimums that may be permitted on any parcel within the designation or as otherwise specified by Table LU2 (Anomaly Locations). The density/intensity ranges are calculated based on actual land area, actual number of dwelling units in fully developed residential areas, and development potential in areas where the General Plan allows additional development. To determine the permissible development, the user should: a. Identify the parcel and the applicable land use designation on the Land Use Plan, Figure LU4 through Figure LU 15 b. Refer to Figure LU4 through Figure LU15 and Table LUI to identify the permitted uses and permitted density or intensity or amount of development for the land use classification. Where densities /intensities are applicable, the maximum amount of development shall be determined by multiplying the area of the parcel by the density/intensity. c. For anomalies identified on the Land Use Map by a symbol, refer to Table LU2 to determine the precise development limits. d. For residential development in the Airport Area., refer to the policies prescribed by the Land Use Element that define how development may occur. Newport Business Plaza Draft Initial Study /Mitigated Negative Declaration The proposed project is consistent with this policy. The project site is located in the Airport Area (Statistical Area L4) in the northern portion of the City of Newport Beach. The project site is designated as Mixed -Use Horizontal 2 (MU -H2) per the General Plan Land Use Element. The development limit for the project site is identified in Table LU2 of the General Plan Land Use Element as Anomaly Number 6. The development limit for Anomaly Number 6 is 34,500 gross square feet, as identified in Table LU2. The project site is currently zoned PC015, Koll Center Newport Planned Community (PC -15). The project site is located within a development site identified as Professional and Business Office Site F in the Koll Center Newport Planned Community. The Allowable Building Area for Site F is 24,300 net square feet as defined by the Kell Center Newport Planned Community Text. The proposed project involves amendments to the General Plan and the Koll Center Newport Planned Community text to increase the allowable development square footage on the project site. The General Plan amendment would increase the development limit in General Plan Anomaly Number 6 by 11,544 gross square feet, and the Kell Center Newport Planned Community text amendment would increase the allowable building area in Professional and Business Office Site F by 18,346 net square feet. The General Plan Amendment and the Kell Center Newport Planned Community text amendment would accommodate the development of the proposed business plaza that is consistent with the land use designation and zoning of the project site. C -3 May 2010 icF AS 0as72.0e City of Newport Beach Policy Consistency Analysis Policy LU 5.4.1 Site Planning Require that new and renovated office and retail development projects be planned to exhibit a high- quality and cohesive "campus environment," characterized by the following: ■ Location of buildings around common plazas, courtyards, walkways, and open spaces ■ Incorporation of extensive on -site landscaping that emphasizes special features such as entryways ■ Use of landscape and open spaces to break the visual continuity of surface parking lots ■ Common signage program for tenant identification and wayfinding ■ Common streetscapes and lighting to promote pedestrian activity ■ Readily observable site access, entrance drives and building entries and minimized conflict between service vehicles, private automobiles, and pedestrians. Appendix C. Land Use Consistency Analysis The proposed project is consistent with this policy. The proposed project would be located within an existing campus environment in the Koll Center Newport Planned Community office park. Approximately 26% of the project site would be landscaped. The proposed architectural style of the business center would be a Newport Nautical theme using simple clean lines to give visual prominence and presence to this center. The parking structure would be configured to blend into the overall composition of the architecture of the bank and two office buildings. The two sides of the parking structures that abut neighboring properties would use paint, textures, planters, and softscape to soften the composition of the parking structure wall. The proposed office buildings incorporate a plaster exterior skin, reflective glass, aluminum panels, and canopy elements. The proposed project would use the existing site access off of Campus Drive and Jamboree Road, which would be appropriately signed with the proposed building's address. Therefore, the proposed business plaza would exhibit a high - quality and cohesive campus environment. Policy LU 5.4.2 Development Form and Architecture The proposed project is consistent with this policy. Require that new development of business park, office, and The proposed project would be designed to convey a unified and high - quality supporting buildings be designed to convey a unified and high - quality character. As described in Chapter 2, Project Description, Figure 2 -5, and Section I, character in consideration of the following principles: Aesthetics, in the Initial Study Environmental Checklist, the proposed architectural ■ Modulation of building mass, heights, and elevations and style of the business plaza would be aesthetically diverse and would use textures, articulation of building paints, planters, and softscape to soften the composition of the building. The proposed ■ Avoidance of blank building walls that internalize uses with no business plaza would incorporate a mixture of plaster exterior skin, reflective glass, outdoor orientation to public spaces aluminum panels, and canopy elements. Equipment, such as heating ventilation and air conditioning (HVAC) units, would be screened from the public view due to the ■ Minimize the mass and bulk of building facades abutting streets height of the buildings. All equipment would be centrally located on the roof surfaces, ■ Consistent architectural design vocabulary, articulation, materials, prohibiting views of the equipment. The parking structure would be located on the and color palette lower level of the proposed business plaza below the three stories of office space, ■ Clear identification of entries through design elements therefore, architectural treatment of parking structures would be consistent with their ■ Integration of signage with the building's architectural style and proposed building. character ■ Architectural treatment of parking structures consistent with their primary commercial or office building. Newport Business Plaza C -4 Draft Initial Study /Mitigated Negative Declaration May 2010 icF AS 0ae72.0e City of Newport Beach Policy Consistency Analysis Policy LU 5.6.1 Compatible Development Require that buildings and properties be designed to ensure compatibility within and as interfaces between neighborhoods, districts, and corridors. Policy LU 5.6.2 Form and Environment Require that new and renovated buildings be designed to avoid the use of styles, colors, and materials that unusually impact the design character and quality of their location such as abrupt changes in scale, building form, architectural style, and the use of surface materials that raise local temperatures, result in glare and excessive illumination of adjoining properties and open spaces, or adversely modify wind patterns. Policy LU 5.6.3 Ambient Lighting Appendix C. Land Use Consistency Analysis The proposed project is consistent with this policy. The proposed project would be located at an intersection that has a mix of commercial, office, residential, and open space. However, as discussed above in Policy LU 3.1. The proposed project would be consistent and compatible with the surrounding land uses. Furthermore, it would aesthetically update one of the main entrance intersections into Newport Beach. Therefore, it would blend in with the existing character and architectural style of the area and Koll Center Newport Planned Community. The proposed project is consistent with this policy. The proposed business plaza would be compatible with the existing scale, density, and varying architectural styles of the surrounding area. As discussed in Section I(c), Aesthetics, in the Initial Study Environmental Checklist, the proposed project would blend in with the existing character of the area and surrounding land uses. Approximately 26% of the project site would be landscaped, and approximately 74% of the site would be covered by buildings and other impervious surfaces. The maximum height of the business plaza would be approximately 62 feet above the original grade. The proposed business plaza would not adversely modify wind patterns in the area as there is a mix of building heights in the area, including buildings taller than the proposed project. The proposed architectural style of the building would be aesthetically diverse and would use textures, paints, planters, and softscape to soften the composition of the building. The proposed business plaza would incorporate a mixture of plaster exterior skin, reflective glass, aluminum panels, and canopy elements. Any lighting associated with the proposed project would be similar to existing lighting in the area and would be appropriately shielded. The parking lot and back side of the business plaza buildings would be facing the west; therefore, sunsets would not result in excessive amounts of glare. Furthermore, the proposed project would implement Mitigation Measures A -1, A -2, and A -3, which would reduce the generation of light and glare. The proposed project is located amongst a mix of commercial, office, residential, and open space and the architectural components would blend in with the existing character of the area, and the proposed project would not unusually affect the design character and quality of the project area. The proposed project is consistent with this policy. Require that outdoor lighting be located and designed to prevent Any lighting associated with the proposed project would not add significant amounts spillover onto adjoining properties or significantly increase the overall of lighting to the project area and would consist of standard outdoor commercial ambient illumination of their location. lighting for safety purposes. All lighting associated with the proposed project would be similar to existing lighting in the area, and would be appropriately shielded. Furthermore, the proposed project would implement Mitigation Measures A -1 and A- 3, which would reduce the generation of light and glare. Newport Business Plaza C -5 Draft Initial Study /Mitigated Negative Declaration May 2010 icF AS 0as72.0e City of Newport Beach Policy Consistency Analysis Policy LU 5.6.4 Conformance with the Natural Environmental Setting Require that sites be planned and buildings designed in consideration of the property's topography, landforms, drainage patterns, natural vegetation, and relationship to the Bay and coastline, maintaining the environmental character that distinguishes Newport Beach. Policy LU 6.15.1 Land Use Districts and Neighborhoods Provide for the development of distinct business park, commercial, and airport- serving districts and residential neighborhoods that are integrated to ensure a quality environment and compatible land uses. Newport Business Plaza Draft Initial Study /Mitigated Negative Declaration Appendix C. Land Use Consistency Analysis The proposed project is consistent with this policy. The proposed project would fit in with the area topography and would not disrupt the existing drainage patterns, as described in Sections VI, Geology and Soils, and IX, Hydrology and Water Quality, in the Initial Study Environmental Checklist. The project site is fully developed with two connected buildings and 113 parking spaces, has flat topography, and has limited vegetation with minimal ornamental trees and landscaping around the building and in the surface parking lot. The project site is not located in the vicinity of Newport Bay and therefore would not affect any relationships to the bay and coastline. The project site is located amongst a mix of commercial, office, residential, and open space uses. The proposed project would replace the existing office building and bank; and therefore, would not substantially change the land use in relation to the University of California Irvine Arboretum. Therefore, the proposed project would not conflict with Newport Beach's natural setting. The proposed project is consistent with this policy. The proposed project would be integrated into the existing developed Koll Center Newport Planned Community and would be consistent with the surrounding land uses as discussed in Policy LU 3.1. Furthermore, the proposed project would be designed and landscaped to be aesthetically diverse and blend in with the existing character of the office park, residential, and open space uses, ensuring a quality environment as discussed in Policy LU 5.4.2. The proposed project would provide for the development of existing new distinct business plaza, integrated to ensure a quality of environment and compatible land uses. C -6 May 2010 icF AS 0as72.0e City of Newport Beach Policy Consistency Analysis Policy LU 6.15.3 Airport Compatibility Require that all development be constructed in conformance with the height restrictions set forth by Federal Aviation Administration (FAA), Federal Aviation Regulations (FAR) Part 77, and Caltrans Division of Aeronautics, and that residential development be located outside of the 65 dBA CNEL noise contour specified by the 1985 JWA Master Plan. Newport Business Plaza Draft Initial Study /Mitigated Negative Declaration Appendix C. Land Use Consistency Analysis The proposed project is consistent with this policy. The maximum height of the proposed project would be approximately 62 feet above the original grade. Therefore, the proposed project would exceed height restrictions set forth by the notice criteria for 77.13(a)(2) by 13 feet (Federal Aviation Administration 2010). As discussed in Section VIII, Hazards and Hazardous Materials, Mitigation Measure HM -2 would require notification to FAA in accordance with Section 77.13 of the FAR to ensure aviation- related safety hazards are reduced. Projects which meet the height restriction threshold must comply with federal and state procedures, including filing a Notice of Proposed Construction or Alteration (FAA Form 7460 -1). FAA would then perform an aeronautical study to determine if the project is considered an obstruction and if the project is determined to be a hazard to air navigation (Airport Land Use Commission 2008). After mitigation, the proposed project would comply and be compatible with the land use standards established in the Airport Land Use Commission's John Wayne AELUP. The proposed project would not include residential development and therefore would not be subject to the 65 A- weighted decibel (dBA) community noise equivalent level (CNEL) noise contour specific by the 1985 JWA Master Plan C -7 May 2010 icF AS 0as72.0e City of Newport Beach Policy Consistency Analysis GENERAL PLAN CIRCULATION ELEMENT Policy CE 2.1.1 Level of Service Standards Plan the arterial roadway system to accommodate projected traffic at the following level of service standards: A. Level of Service (LOS) "D" throughout the City, unless otherwise noted B. LOS "E" at any intersection in the Airport Area shared with Irvine Policy CE 6.2.1 Alternative Transportation Modes Appendix C. Land Use Consistency Analysis The proposed project is consistent with this policy. As discussed in Section XVI(a), Traffic and Transportation, in the Initial Study Environmental Checklist, construction of the proposed project would generally represent an increase of less than 2% of the existing AM and PM trips on the roadway network. During operation, the proposed business plaza would have office uses and a bank similar to the existing uses. However, the bank, which generates more trips than office uses, would be greatly reduced in size when compared to the existing bank. The proposed project would include approximately 42,000 square feet of office space and approximately 4,000 square feet of bank space. The office uses would generate a daily total of 463 trips and the bank use would generate a daily total of 593 trips, which equals a total of 1,056 trips. The trips generated by the proposed project would be reduced when compared to the existing land uses. Overall, the proposed project would reduce the total number of AM peak hour trips by 27, the total number of PM peak hour trips by 113 and the total daily trips by 574. Therefore, the proposed project would not create substantial traffic to downgrade the level of service (LOS) at any of the intersections analyzed in the Initial Study Environmental Checklist. Surrounding intersections currently operate at acceptable levels of service, and the minimal traffic generated from the proposed project would not downgrade the LOS at any intersections in the vicinity of the project site. Therefore, the proposed project would continue to accommodate projected traffic at the designated LOS. The proposed project is consistent with this policy. Promote and encourage the use of alternative transportation modes, The proposed project would incorporate carpool parking spaces and encourage the use such as ridesharing, carpools, vanpools, public transit, bicycles, and of alternative transportation. Furthermore, the proposed project would incorporate walking; and provide facilities that support such alternate modes. bicycle racks, lockers and showers, commuter information areas, and rideshare vehicle loading areas. The project site is not located near bus transit. Policy CE 6.2.2 Support Facilities for Alternative Modes The proposed project is consistent with this policy. Require new development projects to provide facilities commensurate See response to Policy CE 6.2.1 above. with development type and intensity to support alternative modes, such as preferential parking for carpools, bicycle lockers, showers, commuter information areas, rideshare vehicle loading areas, water transportation docks, and bus stop improvements. Policy CE 7.1.1 Required Parking The proposed project is consistent with this policy. Require that new development provide adequate, convenient parking The proposed project would provide 214 spaces, with 190 required by code based on for residents, guests, business patrons, and visitors. the proposed uses. Therefore, the proposed project would provide adequate, convenient parking for guests, employees, and business patrons. Newport Business Plaza C -8 Draft Initial Study /Mitigated Negative Declaration May 2010 icF ISS 0as72.0e City of Newport Beach Policy Consistency Analysis Policy CE 7.1.8 Parking Configuration Site and design new development to avoid use of parking configurations or management programs that are difficult to maintain and enforce. GENERAL PLAN NATURAL RESOURCES ELEMENT Policy NR 1.1 Water Conservation in New Development Enforce water conservation measures that limit water usage, prohibit activities that waste water or cause runoff, and require the use of water —efficient landscaping and irrigation in conjunction with new construction projects. Policy NR 1.2 Use of Water Conserving Devices Establish and actively promote use of water conserving devices and practices in both new construction and major alterations and additions to existing buildings. This can include the use of rainwater capture, storage, and reuse facilities. Enhancement and protection of water quality of all natural water bodies, including coastal waters, creeks, bays, harbors, and wetlands. Policy NR 3.2 Water Pollution Prevention Promote pollution prevention and elimination methods that minimize the introduction of pollutants into natural water bodies. (Policy 14B 8.2) Newport Business Plaza Draft Initial Study /Mitigated Negative Declaration Appendix C. Land Use Consistency Analysis The proposed project is consistent with this policy. The proposed project would not include a parking management program. Currently there is a 113 - surface space parking lot that is unattended. The proposed project would have a 2 -level parking structure with a total of 214 parking spaces that would also be unattended. The circulation site plan would be reviewed and approved by Public Works prior to the issuance of grading and building permits. The proposed project would include sufficient parking spaces, as discussed above in CE 7.1.1. Therefore, site design would provide an adequate and safe parking configuration. The proposed project is consistent with this policy. The proposed project would include design features for water conservation. Efficient landscaping features would be incorporated, including landscaping timers and recycled water for all landscaping as required by the City. The proposed project is consistent with this policy. See Response to Policy NRI.I above. The proposed project would establish the use of water conservation devices. The proposed project would implement the Preliminary Water Quality Management Plan, which would protect the water quality of receiving waters from stormwater runoff during the operation of the proposed project. The proposed project is consistent with this policy. The proposed project would incorporate the use of bioswales to collect and reduce the velocity and volume of stormwater being discharged into the existing stormwater system. Furthermore, the proposed project would incorporate storm drain inlets fitted with a filtering system to collect pollutants and improve stormwater quality. Finally, the proposed project would implement the Preliminary Water Quality Management Plan, which would promote pollution prevention methods during the operation of the proposed project. Therefore, the proposed project would promote pollution prevention and elimination methods that minimize the introduction of pollutants into natural water bodies. C -9 May 2010 icF ass 0as72.0e City of Newport Beach Policy Consistency Analysis Policy NR 3.4 Storm Drain Sewer System Permit Require all development to comply with the regulations under the City's municipal separate storm drain system permit under the National Pollutant Discharge Elimination System. (Policy HB 8.4) Policy NR 3.5 Natural Water Bodies Require that development does not degrade natural water bodies. (Policy HB 8.5) Policy NR 3.9 Water Quality Management Plan Appendix C. Land Use Consistency Analysis The proposed project is consistent with this policy. The proposed project would be in compliance with all objectives, water quality standards, and best management practices established in the Santa Ana River Basin Plan and Orange County Drainage Area Management Plan as discussed in Section IX, Hydrology and Water Quality, of the Initial Study Environmental Checklist. Furthermore, the proposed project would comply with City of Newport Beach Zoning Code Chapter 14.36 (Water Quality) and provisions set forth in the City's National Pollution Discharge Elimination System (NPDES) municipal separate storm drain system (MS4) permit through the preparation of a Water Quality Management Plan incorporating best management practices for operation. Development on project sites in excess of 1 acre requires the preparation of a stormwater pollution prevention program (SWPPP) for construction. The proposed project would not directly discharge surface water to the bay, and would control runoff from the site during construction and operation. Best management practices would be incorporated into the proposed project as part of a SWPPP during construction to prevent discharges of polluted stormwater from construction sites from entering the storm drains. Therefore, the proposed project would promote pollution prevention and minimize the introduction of pollutants into natural waters. The proposed project is consistent with this policy. There are no natural water bodies in the general vicinity of the project site. The project site drains in to the existing storm drain system of the City. This system discharges into various receiving waters, one being San Diego Creek. The proposed project's compliance with the requirements outlined above in Policy NR 3.4 would minimize and avoid degradation of natural bodies. The proposed project is consistent with this policy. Require new development applications to include a Water Quality The proposed project has prepared a Preliminary Water Quality Management Plan to Management Plan (WQMP) to minimize runoff from rainfall events maintain water quality and control stormwater runoff during the operation of the during construction and post - construction. (Policy HB 8.9) project and a Final Water Quality Management Plan would be approved during the grading and building permits for the proposed project. Furthermore, a SWPPP would be prepared to maintain and control stormwater quality during construction. Newport Business Plaza C -10 Draft Initial Study /Mitigated Negative Declaration May 2010 icF AS 0as72.0e City of Newport Beach Policy Consistency Analysis Policy NR 3.10 Best Management Practices Appendix C. Land Use Consistency Analysis The proposed project is consistent with this policy. Implement and improve upon Best Management Practices (BMPs) for The project applicant has prepared a Preliminary Water Quality Management Plan and residences, businesses, development projects, and City operations. a Final Water Quality Management Plan would be reviewed and approved by the City (Policy HB 8.10) prior to receiving grading and building permits for the proposed project. The Preliminary Water Quality Management Plan is described in Section IX(a), Hydrology and Water Quality, in the Initial Study Environmental Checklist, and includes best management practices such as those listed below. ■ Educate property owners, tenants, and occupants regarding the methods of preventing stormwater pollution. ■ Dispose of hazardous materials such as motor oil, and paint in accordance with local regulations. ■ Prohibit sweeping of sediments, trash, and debris to the drain inlets. ■ Provide common area landscape management to ensure that the ongoing maintenance and use of fertilizers and pesticides of the on -site landscaping is consistent with City requirements. ■ Ensure compliance with California Code of Regulations Title 22. ■ Implement a spill contingency plan to prevent or mitigate spills to storm drain systems, and develop and standardize reporting procedures, containment, storage, and disposal activities, documentation, and follow -up procedures. ■ Ensure that hazardous materials are disclosed before the start of any tenant improvement. ■ Provide employee training in the proper use, handling, and cleanup of all waste materials while on the job. ■ Sweep and clean private streets and parking lots weekly. Policy NR 3.11 Site Design and Source Control The proposed project is consistent with this policy. Include site design and source control BMPs in all developments. The proposed project would be required to obtain a NPDES permit and prepare a When the combination of site design and source control BMPs are not SWPPP, which will provide source control during construction activities. Further sufficient to protect water quality as required by the National discussion of water quality and construction and operation source control is included Pollutant Discharge Elimination System ( NPDES), structural in Section IX, Hydrology and Water Quality, in the Initial Study Environmental treatment BMPs will be implemented along with site design and Checklist. source control measures. (Policy HB 8.11) Newport Business Plaza C -11 Draft Initial Study /Mitigated Negative Declaration May 2010 icF AS 0as72.0e City of Newport Beach Policy Consistency Analysis Policy NR 3.17 Parking Lots and Rights -of -Way Appendix C. Land Use Consistency Analysis The proposed project is consistent with this policy. Require that parking lots and public and private rights -of -way be The proposed project would maintain and clean the parking lots to remove debris and maintained and cleaned frequently to remove debris and contaminated contaminated residue. The Preliminary Water Quality Management Plan requires residue. (Policy HB 8.17) sweeping private streets and parking lots. The proposed project also includes the use of bioswales, storm drain inlets, and a filtering system to be installed in the proposed storm drain inlets to help reduce pollutants captured in stormwater runoff. Policy NR 3.19 Natural Drainage Systems The proposed project is consistent with this policy. Require incorporation of natural drainage systems and stormwater As part of the site design and Preliminary Water Quality Management Plan, the detention facilities into new developments, where appropriate and proposed project would direct storm flows into bioswales and then to storm drain feasible, to retain stormwater in order to increase groundwater inlets. The storm drain inlets would be fitted with a filtering system that is designed to recharge. (Policy 11118.19) help reduce pollutants captured in stormwater runoff. The bioswales would not act as a method to recharge the groundwater; however, they would help reduce the velocity of the stormwater from the sites. Policy NR 3.20 Impervious Surfaces Require new development and public improvements to minimize the creation of and increases in impervious surfaces, especially directly connected impervious areas, to the maximum extent practicable. Require redevelopment to increase area of pervious surfaces, where feasible. (Policy HB 8.20) Policy NR 8.1 Management of Construction Activities to Reduce Air Pollution Require developers to use and operate construction equipment, use building materials and paints, and control dust created by construction activities to minimize air pollutants. Newport Business Plaza Draft Initial Study /Mitigated Negative Declaration The proposed project is consistent with this policy. The proposed project would replace two connected office buildings and an existing impervious surface parking lot with the impervious surface of one 1 -story bank, two 3- story office buildings, and one 2 -level parking structure. As described in Chapter 2, Project Description; and Section IX, Hydrology and Water Quality, in the Initial Study Environmental Checklist, the amount of impervious surface and pervious surfaces would generally remain the same. The proposed project would incorporate bioswales and storm drain inlets, which would help reduce the velocity and potentially the stormwater flows when compared to existing conditions. The proposed project is consistent with this policy. As discussed in Section III, Air Quality, in the Initial Study Environmental Checklist, a mass emissions inventory for the construction period was compiled based on an estimate of construction equipment as well as scheduling and phasing assumptions. More specifically, the mass emissions analysis takes into account: ■ combustion emissions from operating onsite construction equipment, • fugitive dust emissions from moving soil on site, and • mobile - source combustion emissions from worker commute travel. As discussed in Section 111(b), Air Quality, of the Initial Study Environmental Checklist, the proposed project would not create substantial air pollutant emissions. The proposed project would comply with all rules and regulations of the South Coast Air Quality Management District for control of dust and minimization of air pollutants. C -12 May 2010 icF AS 0as72.0e City of Newport Beach Policy Consistency Analysis Policy NR 1S Protection and preservation of important paleontological and archaeological resources. Policy NR 15.1 New Development Require new development to protect and preserve paleontological and archaeological resources from destruction, and avoid and minimize impacts to such resources in accordance with the requirements of CEQA. Through planning policies and permit conditions, ensure the preservation of significant archeological and paleontological resources and require that the impact caused by any development be mitigated in accordance with CEQA. Appendix C. Land Use Consistency Analysis The proposed project is consistent with this policy. As discussed in Section V, Cultural Resources, in the Initial Study Environmental Checklist, the project site has not been previously surveyed for cultural resources. A record search conducted on March 16, 2010, determined that no prehistoric or historical archaeological sites have been recorded in the project area. Two prehistoric archaeological sites, CA- Ora -115 (King 1963) and CA- Ora - 121/287 (Long and Schwartz 1963) have been recorded within a 0.5 -mile radius of the project site. Neither of these sites is adjacent to the project site; the nearest is approximately 1,000 feet to the east. Both archaeological sites may have since been destroyed by development. No historical structures are depicted in the project site on the 1896 and 1901 USGS Santa Ana 30 minute topographic quadrangles, or on the USGS Tustin 7.5 minute quadrangle. However, the location of two prehistoric sites in proximity slightly increases the possibility of discovering buried resources on the project site. Furthermore, the ground disturbance during construction would remove approximately 3,000 cubic yards of soil. Therefore, even though it is highly unlikely that the proposed project would disturb buried archaeological resources, impacts would be less than significant with the implementation of Mitigation Measure CR -1 The project site is situated on late Pleistocene marine deposits that have been cut to form a marine terrace commonly known as Newport Mesa (Morton and Miller 1981, California Division of Mines and Geology 1997). These deposits can be highly fossiliferous, containing vertebrate, invertebrate, and plant fossil specimens (Stadum 2010). The proposed project would involve grading and the excavation of approximately 3,000 cubic yards of existing soil to prepare for the building foundations. Therefore, it is highly unlikely the proposed project would disturb any paleontological resources; however, Mitigation Measure CR -2 is incorporated to prevent the destruction of any unknown paleontological resource. The proposed project is consistent with this policy. See above for Policy NR 18 regarding protection and preservation of archaeological and paleontological resources. Policy NR 24.2 Energy - Efficient Design Features The proposed project is consistent with this policy. Promote energy- efficient design features. Per the California Building Code, Title 24, 2001 Energy Efficiency Standards, the proposed project would include energy - efficient design features where feasible. Newport Business Plaza C -13 Draft Initial Study /Mitigated Negative Declaration May 2010 icF AS 0as72.0e City of Newport Beach Policy Consistency Analysis GENERAL PLAN SAFETY ELEMENT Policy S 8.6 John Wayne Airport Traffic Pattern Zone Use the most currently available John Wayne Airport (JWA) Airport Environs Land Use Plan (AELUP) as a planning resource for evaluation of land use compatibility and land use intensity in areas affected by JWA operations. In particular, future land use decisions within the existing JWA Clear Zone/Runway Protection Zone (Figure S5) should be evaluated to minimize the risk to life and property associated with aircraft operations. GENERAL PLAN NOISE ELEMENT Appendix C. Land Use Consistency Analysis The proposed project is consistent with this policy. As discussed in Section VIII(e), Hazards and Hazardous Materials, of the Initial Study Environmental Checklist, the most current John Wayne Airport AELUP was used as a planning resource for evaluation of the land use compatibility and land use intensity in areas affected by John Wayne Airport operations. The proposed project would comply and would be compatible with the land use standards established in the City's Municipal Code and the Airport Land Use Commission's John Wayne AELUP. The City's Emergency Management Plan also establishes safety procedures with respect to aviation hazards to promote the safety of persons on the ground while reducing risks of serious harm to aircraft crews and passengers that may need to make emergency landings in the immediate airport vicinity. The AELUP vicinity height guidelines would protect public safety, health, and welfare by ensuring that aircraft could fly safely in the airspace around the airport. In addition to existing regulations, the General Plan identifies a goal to protect residents, property, and the environment from aviation - related hazards, and lists policies S8.1 through S8.4 to ensure preparation and minimize risk in the case of an aviation accident (City of Newport Beach 2006b). Policy N 1.1 Noise Compatibility of New Development The proposed project is consistent with this policy. Require that all proposed projects are compatible with the noise The proposed project would be compatible with the noise environment and would environment through use of Table N2, and enforce the interior and comply with Tables N2 and N3. The proposed project includes the construction and exterior noise standards shown in Table N3. operation of a business plaza. The proposed project would be consistent with the surrounding land uses and would comply with all interior and exterior noise standards as required during building plan review and approval by the City prior to construction. Policy N 1.2 Noise Exposure Verification for New Development The proposed project is consistent with this policy. Applicants for proposed projects that require environmental review and are located in areas projected to be exposed to a CNEL of 60 dBA and higher, as shown on Figure N4, Figure N5, and Figure N6 may conduct a field survey, noise measurements or other modeling in a manner acceptable to the City to provide evidence that the depicted noise contours do not adequately account for local noise exposure circumstances due to such factors as, topography, variation in traffic speeds, and other applicable conditions. These findings shall be used to determine the level of exterior or interior, noise attenuation needed to attain an acceptable noise exposure level and the feasibility of such mitigation when other planning considerations are taken into account. Newport Business Plaza Draft Initial Study /Mitigated Negative Declaration As discussed in Section XII, Noise, in the Initial Study Environmental Checklist, measurements were taken in March 2010 to identify the existing noise levels at the project site. The results of the short-term sound level measurements are summarized in Table 3 -7 in Section XII, Noise, of the Initial Study Environmental Checklist. Measured noise levels during daytime hours in and around the project site ranged from 60 to 63 dBA Leq. Therefore, the proposed project does not need exterior or interior noise attenuation as these are acceptable levels for office buildings. C -14 May 2010 icF ass 0as72.0e City of Newport Beach Appendix C. Land Use Consistency Analysis Policy Consistency Analysis Policy N 1.8 Significant Noise Impacts The proposed project is consistent with this policy. Require the employment of noise mitigation measures for existing As discussed in Section XII, Noise, in the Initial Study Environmental Checklist, the sensitive uses when a significant noise impact is identified. A noise levels produced by the proposed project during construction and operation would significant noise impact occurs when there is an increase in the not result in significant impacts on sensitive receptors. Furthermore, under operating ambient CNEL produced by new development impacting existing conditions noise impacts would actually be reduced, associated with the reduction of sensitive uses. The CNEL increase is shown in the table below. traffic generated by the proposed project. CNEL (dBA) dBA increase 55 3 60 2 65 1 70 1 Over 75 Any increase is considered significant Policy N 3.1 New Development The proposed project is consistent with this policy. Ensure new development is compatible with the noise environment by As discussed in Section XII(e), Noise, in the Initial Study Environmental Checklist, using airport noise contours no larger than those contained in the 1985 the proposed project is located within approximately 0.5 mile from John Wayne JWA Master Plan, as guides to future planning and development Airport. Figure N2 of the City of Newport Beach General Plan shows the existing 65 decisions. dBA CNEL noise contour for John Wayne Airport. Figure N2 shows that the proposed project site is located approximately 0.25 to 05 mile outside the 65 dBA CNEL noise contour for John Wayne airport (City of Newport Beach 2006a). Policy N 4 Minimization of Nontransportation- Related Noise The proposed project is consistent with this policy. Minimized nontransportation- related noise impacts on sensitive noise See response to Policy N 1.1 and 3.1 above. receptors. Policy N 4.1 Stationary Noise Sources The proposed project is consistent with this policy. Enforce interior and exterior noise standards outlined in Table N3, Sensitive noise receptors would not be exposed to excessive noise levels from and in the City's Municipal Code to ensure that sensitive noise stationary noise sources. All heating, ventilation, and air conditioning equipment receptors are not exposed to excessive noise levels from stationary would be appropriately screened for each dwelling unit in the conceptual site plan. noise sources, such as heating; ventilation, and air conditioning equipment. Newport Business Plaza May 2010 Draft Initial Study /Mitigated Negative Declaration C -15 icF AS 0os72.0e City of Newport Beach Policy Consistency Analysis Policy N 4.3 New Commercial Developments Require that new commercial developments abutting residentially designated properties be designed to minimize noise impacts generated by loading areas, parking lots, trash enclosures, mechanical equipment, and any other noise generating features specific to the development to the extent feasible. Appendix C. Land Use Consistency Analysis The proposed project is consistent with this policy There are high- density residences approximately 500 feet to the east of the project at the intersection of Campus Drive and Jamboree Road. The proposed project would not include a loading area. The trash enclosure would be enclosed and away from sensitive land uses. The parking structure would be located on the interior of the business plaza away from the high - density residential buildings. Furthermore, during operating conditions, the proposed project would result in a decrease of trips and therefore a decrease in noise associated with traffic. Therefore, the proposed project has been designed to minimize exterior noise impacts to the extent feasible. Policy N 4.6 Maintenance or Construction Activities The proposed project is consistent with this policy. Enforce the Noise Ordinance noise limits and limits on hours of maintenance or construction activity in or adjacent to residential areas, including noise that results from in -home hobby or work related activities. Policy N 5.1 Limiting Hours of Activity Enforce the limits on hours of construction activity. Newport Business Plaza Draft Initial Study /Mitigated Negative Declaration The proposed project would comply with the noise ordinance limits on construction activities. In addition, the proposed project would be consistent with the surrounding land uses. The proposed project would generate some operational noise through HVAC units; however, these units would be placed on the roof of the buildings and enclosed appropriately to minimize noise. Office and commercial uses immediately surround the project site and these uses are not considered sensitive noise receptors. Furthermore, the high density residential located to the northeast of the project site would experience the traffic generated at the intersection of Jamboree Road and Campus Drive which would drown out any noise generated by the units. Therefore, any slight increase in operational noise associated with the units would not represent a significant impact on the high density residential land uses located to the northeast of the project site.. Furthermore, as identified in the project description, construction hours would be limited to daytime hours specifically identified by the City of Newport Beach Municipal Code. The proposed project is consistent with this policy. As identified in the project description and Section XII, Noise, of the Initial Study Environmental Checklist, Title 10, Chapter 10.28, Section 10.28.040 of the Municipal Code specifies permitted hours for construction activities. Construction or other noise - generating activity that would disturb a person of normal sensitivity who works or resides in the vicinity will only occur between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday, and between 8:00 a.m. and 6:00 p.m. on Saturdays. No construction that would disturb a person of normal sensitivity will occur on Sundays or federal holidays. C -16 May 2010 icF AS 0as72.0e Appendix D Noise: Terminology, Field Sheets, and General Plan Land Use Compatibility Matrix Noise Terminology Noise Terminology Noise is generally defined as unwanted sound. It may be loud, unpleasant, unexpected, or undesired sound typically associated with human activity that interferes with or disrupts the normal noise - sensitive ongoing activities of others. Although exposure to high noise levels has been demonstrated to cause hearing loss, the principal human response to environmental noise is annoyance. The response of individuals to similar noise events is diverse and influenced by the type of noise, the perceived importance and suitability of the noise in a particular setting, the time of day and type of activity during which the noise occurs, and the sensitivity of the individual. The response to vibration is similar: First, the vibration needs to be of sufficient magnitude to be perceived, and, second, it typically would have to interfere with a desirable activity to cause annoyance. Sound is a physical phenomenon consisting of minute vibrations that travel through a medium such as air that are sensed by the human ear. Sound is generally characterized by frequency and intensity. Frequency describes the sound's pitch and is measured in hertz (Hz); intensity describes the sound's level, volume, or loudness and is measured in decibels (dB). Sound frequency is a measure of how many times each second the crest of a sound pressure wave passes a fixed point. For example, when a drummer beats a drum, the skin of the drum vibrates at a certain number of times per second. Vibration of the drum skin at a rate of 100 times (or cycles) per second generates a sound pressure wave that is said to be oscillating at 100 Hz, and this pressure oscillation is perceived as a tonal pitch of 100 Hz. Sound frequencies between 20 Hz and 20,000 Hz are within the range of sensitivity of the best human ear. Sound from a tuning fork contains a single frequency and may therefore be referred to as a pure tone. However, most sounds heard in the environment do not consist of a single frequency but rather a broad band of frequencies differing in individual sound levels. The method commonly used to quantify environmental sounds consists of evaluating all the frequencies of a sound according to a weighting system that reflects that human hearing is less sensitive at low frequencies and extremely high frequencies than at the mid -range frequencies. This frequency- dependent modification is called A- weighting, and the decibel level measured is called the A- weighted sound level (dBA. In practice, the level of a noise source is conveniently measured using a sound level meter that includes a filter corresponding to the dBA curve. For informational purposes, typical community sound levels are presented in Figure 2. A sound level of 0 dBA is the approximate threshold of human hearing. Normal speech has a sound level of approximately 60 dBA. Sound levels above about 120 dBA begin to be felt inside the human ear as discomfort and eventually pain at still higher levels. When evaluating noise increases in the environment, the following relationships to quantifiable increases are used as a basis for assessing impacts. • A change of 1 dBA is difficult to perceive in the outside environment. • In the outside environment, a 3 dBA change is considered noticeable ■ An increase of 5 dBA is readily perceived as "louder' and is generally required before a change in community response would be expected. ■ A 10 dBA increase is perceived as a doubling of noise Because of the logarithmic scale of the decibel unit, sound levels cannot be added or subtracted arithmetically and are somewhat cumbersome to handle mathematically. However, a simple rule of thumb is useful in dealing with sound levels: If a sound's physical intensity is doubled, the sound level increases by 3 dB, regardless of the initial sound level. For example, 60 dB plus 60 dB equals 63 dB, and 80 dB plus 80 dB equals 83 dB. As mentioned earlier, however, a perception of doubling of sound level requires about a 10- decibel increase. Although the A- weighted sound level may adequately indicate the level of environmental noise at any instant in time, community noise levels vary continuously. Most environmental noise includes a mixture of noise from distant sources that create a relatively steady background noise in which no particular source is identifiable. A single descriptor called the Leq (equivalent sound level is used to describe the average acoustical energy in a time - varying sound. LeQ is the energy -mean A- weighted sound level present or predicted to occur during a specified interval. It is the "equivalent" constant sound level that a given source would need to produce to equal the fluctuating level of measured sound. It is often desirable to also know the range of acoustic levels of the noise source being measured. This is accomplished through the Lmax and L,,,i„ noise descriptors. They represent the root - mean - square maximum and minimum obtainable noise levels measured during the monitoring interval. The Lmj,, value obtained for a particular monitoring location represents the quietest moment occurring during the measurement period and is often called the acoustic floor for that location. Likewise, the loudest momentary sound during the measurement is represented by L..x. To describe the time - varying character of environmental noise, the statistical noise descriptors Ljo, LSO, and L90 (or other percentile values) may be used. They are the noise levels equaled or exceeded 10, 50, and 90 percent, respectively, of the time during the measured interval. The percentile descriptors are most commonly found in nuisance noise ordinances to allow for different noise levels for various portions of an hour. For example, the L50 value would represent 30 minutes of an hour period, the L25 would be associated with 15 minutes of an hour, and so on. Of particular interest in this analysis are other descriptors of noise that are commonly used to help determine noise /land use compatibility and to predict an average community reaction to adverse effects of environmental noise, including traffic- generated and industrial noise. One of the most universal descriptors is the Day -Night Average Sound Level (DNL or Ldn). As recommended by the state health department and state planning law, planning agencies use this descriptor. The Ldn noise metric represents a 24 -hour period and applies a time - weighted factor designed to penalize noise events that occur during nighttime hours, when relaxation and sleep disturbance is of more concern than during daytime hours. Noise occurring during the daytime hours between 7:00 a.m. and 10:00 p.m. receives no penalty. Noise occurring between 10:00 p.m. and 7:00 a.m. is penalized by adding 10 dB to the measured level. In California, the use of the Community Noise Equivalent Level (CNEL) descriptor is still permitted (and is used by the City of Moreno Valley). CNEL is similar to Ldn except CNEL adds a 5 dB penalty for noise occurring during evening hours between 7:00 p.m. and 10:00 p.m. Ldn and CNEL are approximately equal to the Leq peak hour under normal traffic conditions (California Department of Transportation [Caltrans] Field Sheets FIELD NOISE MEASUREMENT DATA `` Jones &Stokes PROJECT: Newport Business Plaza PROJ. # 00872.09 ?NTIFICATION: 5 j P I ,t OBSERVER(S): Peter Hardie iS: � 0-0 J M1✓\ B o h` fZ ?L-A -2-v) L�4U 4q c,J� STARTDATE /TIME: qrKa 3 -IV -co END DATE /TIME: AETEROLOGICAL CONDITIONS: dBA SPL _._........ TEMP:4,7 7 HUMIDITY: ?. %R.H. WIND: CALM(LIGHT MODERATE VARIABLE WINDSPEEDA:�LMPH FRONTAL DIR: N NE E SE S SW "U�IJ,) NW STEADY GUSTY SKY: SUNNY CLEAR OVRCST PF�TLY_CLOUDY� FOG RAIN OTHER: ACOUSTIC MEASUREMENTS: INSTRUMENT: Z_ 9 9 %- CALIBRATOR: 4 L- 2va CALIBRATION CHECK: PRE -TEST dBA SPL TYP97 52 POST -TEST ' 3 ,- ddBBAA SPL SERIAL #: SERIAL #: 45;6 `( WINDSCREEN SETTINGS: EIGHT�D FAST FRONTAL ANDO (—AN9t'� OTHER: REC # STAf2T 51 END Laq Lm" Lmin Lso Lso Lto OTHER: (TYPE ?) COMMENTS: SOURCE INFO AND TRAFFIC }d S: PRIMARY NOISE SOURCEC AIRRCC T RAIL INDUSTRIAL MBI OTHER: ROADWAY TYPE: ( �7 D u d jllLo h K 70 T o W 0-j TRAFFIC COUNT DURATION: _ -MIN SPEED #2 COUNT SPEED NB /EB SB /WB NBIEB SB /WB NBIEB SB /WB NB /EB SB /WB AUTOS: MED.TRUCKS: HVY TRUCKS: BUSES: MOTORCYCLES: SPEEDESTIMATEDBY: RADAR /DRIVING /OBSERVER OTHER SOURCES: DIST. AIRCRAFT 19&@_T ,,° I E V / DIST. BARKING DOGS <lii R� / DIST. INDUSTRIAL DIST. CHILDREN PLAYING / DIST. TRAFFIC / DIST. LANDSCAPING ACTIVITIES / OTHER: FIELD NOISE MEASUREMENT DATA Jones &S Stokes PROJECT: Newport Business Plaza PROJ. # 00872.09 SI I t WEN I WIUA I IUN: J I — L UtSStKVtK(5): Peter Hardie ADDRESS: 5 A- Z L 5 -C"5 t c oN 30 S A✓A(10R 15 START DATE /TIME: 1 m - t a END DATE / TIME: 7ETEROLOGICAL CONDITIONS: TEMP: t- j °F HUMIDITY: L13 %R.H. WIND: CALM I CHk MODERATE VARIABLE WINDSPEEO —if MPH DIR: . N NE E SE S SW W NW STEADY GUSTY SKY: SUNNY CLEAR OVRCS(%"PRTLYCLO DY FOG RAIN OTHER: CALIBRATION CHECK: PRE -TEST dBA SPL POST -TEST-) --I- ° dBA SPL ACOUSTIC MEASUREMENTS: INSTRUMENT: `x i2 TYPE: Ctt) 2 SERIAL #: CALIBRATOR: G7-4? 2oc9 I SERIAL #: 6% CALIBRATION CHECK: PRE -TEST dBA SPL POST -TEST-) --I- ° dBA SPL WINDSCREEN SETTINGS: A�WEIGHTED�� SLOW;) FAST FRONTAL <RANDOM / `� ANSI OTHER: ........... _ REC # START END Le Lmaa L m .2 S' � Lao Lso Llo g� -�i S�•� �L8 OTHER: (TYPE ?) COMMENTS: )z/ -Iti S li:' 3 LV>- Q.G z Jo<_ UNITS -'/} DU T- � )e V (3uD,, QC 13 .g D1c.. tQ C, RLIT` I_a -(iv1 12 o WJ wY+ Nri PRIMARY NOISE SOURCE: TRAFF� AIRC T RAIL INDUSTRIAL /AMBIENT COTHER:. C Oc�� --1 N 4 IaW a� ROADWAY TYPE: TRAFFIC COUNT DURATION: _ -MIN SPEED #2 COUNT SPEED NB /EB SB /WB NB /EB SB /WB NB /EB SB /WB NB /EB SB /WB AUTOS: MED. TRUCKS: HVY TRUCKS: BUSES: MOTORCYCLES: SPEED ESTIMATED BY: RADAR /DRIVING /OBSERVER OTHER SOURCES: DIST. AIRCRAFT / RUSTLING LEAVES / DIST. BARKING DOGS / BIRDS / DIST. INDUSTRIAL DIST. CHILDREN PLAYING / DIST. TRAFFIC / DIST. LANDSCAPING ACTIVITIES / OTHER: START FIELD NOISE MEASUREMENT DATA Jones a Stokes PROJECT: Newport Business Plaza PROJ. # 00872.09 NtLrNT_(_ END DATE /TIME: Peter Hardie METEROLOGIC_ALL CONDITIONS: TEMP: PST °F HUMIDITY: %R.H. WIND: CALM IG ODERATE VARIABLE WINDSPEEDH" 6 MPH D� � N�� NE E SE S SW �IV� NW STEADY GUSTY SKY: SUNNY CLEAR VRC RYr FOG RAIN \\ OTHER: ACOUSTIC MEASUREMENTS: INSTRUMENT: L_ r) TYPED 2 SERIAL #: 3 Z_ CALIBRATOR: CALIBRATION CHECK: SETTINGS: A -W IG L RE -TEST TED LOW AST dBA SPL POST- T•-E-ST-y�3• g dBA SPL FRONTAL C= ^ -""""' ANS SERIAL #: WINDSCREEN OTHER: REC # START END Laq Lma ,I,min eo LS Lt OTHER: (TYPE ?) COMMENTS: PRIMARY NOISE SOURCE(71RA F C AIRCRAFT RAIL INDUSTRIAL P�_�IENT OTHER: ROADWAY TYPE: TRAFFIC COUNT DURATION: _ -MIN SPEED #2 COUNT SPEED NB /EB SB /WB NB /EB SB /WB NB /EB SB /WB NB /EB SB /WB AUTOS: MED. TRUCKS: HVY TRUCKS: BUSES: MOTORCYCLES: T SPEED ESTIMATED BY: RADAR / DRIVING I OBSERVER�� OTHER SOURCES: IST. AI FT I RUSTLING LEAVES / DIST. BARKING DOGS /Ih / DIST. INDUSTRIAL DIST. CHILD PLAYING / DIST. TRAFFIC / DIST. LANDSCAPING ACTIVITIES / OTHER: Site Photographs i Photograph IK Looking Photograph A-2. ST- I Looking North 1 y v A` r e rW s i IC� ,,,., Photographs A -I and A -2 Photograph A -3. ST- I Looking South Photograph A -4. ST -I Looking West ICF Photographs A -3 and A -4 Photograph A -5. ST -2 Looking West Photograph A -6. ST -3 Looking North IC� ,,,., Photographs A -5 and A -6 Photograph A -7. ST -3 Looking South Photograph A -8. ST -3 Looking West ICF INIFXNAiIF Photographs A -7 and A -8 Land Use Compatibility Matrix Noise Element Land Use Cateqories I Community Noise Equivalent Level XNEL) SOURCE: Newport Beach, 2006 Zone A: Clearly Compatible — Specified land use is satisfactory, based upon the assumption that any buildings involved are of normal conventional construction without any special noise insulation requirements. Zone B: Normally Compatible" —New construction or development should be undertaken only after detailed analysis of the noise reduction requirements and are made and needed noise insulation features in the design are determined. Conventional construction, with closed windows and fresh air supply systems or air conditioning, will normally suffice. Zone C: Normally Incompatible —New construction or development should generally be discouraged. If new construction or development does proceed, a detailed analysis of noise reduction requirements must be made and needed noise insulation features included in the design. Zone D: Clearly Incompatible —New construction or development should generally not be undertaken. Newport Beach General Plan N I I I I I 0] Cate ones Uses Residential !Single Family, Two Family, Multiple Family A A B C C D D Residential .Mixed Use A A A C C C D ...._ ...... ....... Residential ......... Mobile Home A A B C C_ D D ........ .......................................... Commercial Regional, District .............................. ............................... j Hotel, Motel, Transient Lodging A A B B C C D Commeraal Regional, Village 9 9 Commercial Retail Bank, Restaurant, Movie Theatre A A A A nB Distnct Special Commercial Industrial :Office Building Research and Development, A A A B B C D Institutional Professional Offices, City Office Building Commercial Recreational Amphitheatre, Concert Hall Auditorium, Meeting Hall B B C C D D D Institutional Civic Center I ........ ............. .......... — Commercial Children's Amusement Park Miniature Golf Course, A A A B B D D Recreation Go-cart Track Equestrian Center Sports Club j ......... _.,,,,... Commercial General, Special Y ____. ____ ___. __...... Automobile Service Station, Auto Dealership, A A A A B B B Industrial, Institutional Manufacturing, Warehousing, Wholesale, Utilities . Institutional Hospital Church Library, Schools Classroom A A B C — —, D D Open Space Parks A A A B C D D ........ ......... Open Space ....... ....... ...... ......... ......... Golf Course, Cemeteries, Nature Centers Wildlife A —J A A A B C C Reserves, Wildlife Habitat Agriculture (Agriculture A A A A j A i A A SOURCE: Newport Beach, 2006 Zone A: Clearly Compatible — Specified land use is satisfactory, based upon the assumption that any buildings involved are of normal conventional construction without any special noise insulation requirements. Zone B: Normally Compatible" —New construction or development should be undertaken only after detailed analysis of the noise reduction requirements and are made and needed noise insulation features in the design are determined. Conventional construction, with closed windows and fresh air supply systems or air conditioning, will normally suffice. Zone C: Normally Incompatible —New construction or development should generally be discouraged. If new construction or development does proceed, a detailed analysis of noise reduction requirements must be made and needed noise insulation features included in the design. Zone D: Clearly Incompatible —New construction or development should generally not be undertaken. Newport Beach General Plan Appendix E Traffic Calculations Appendix E Traffic Calculations Existing Traffic Conditions of Surrounding Roadway Network Table E -1 identifies the Level of Service (LOS) at intersections within the general vicinity of the project site. All intersections are operating at LOS B or better in the AM Peak Hour and only one intersection (MacArthur Boulevard/Campus Drive) was operating at LOS D during PM peak hour. This intersection is a shared intersection between the City of Newport Beach and the City of Irvine, and is allowed to operate at LOS E according to the City of Newport Beach and City of Irvine Performance Criteria. Therefore, all intersections are currently meeting the performance criteria of both cities. Table E -1. Existing 2009 Conditions AM and PM Peak Hour Level of Service Intersection AM Peak Hour V/C - LOS PM Peak Hour V/C — LOS Shared Between Newport Beach and Irvine MacArthur Blvd /Campus Dr 0.50 —A 0.84 — D Yes MacArthur Blvd/Birch St 0.65 — B 0.75 — C No MacArthur BivdNon Karman Ave 0.37—A 0.53 — A No Jamboree Rd/Campus Dr 0.67 —B 0.73 — C Yes Jamboree Rd/Birch St 0.57 —A 0.65 — B No Jamboree Rd/MacArthur Blvd 0.59 — A 0.66 — B No Jamboree Rd/Bristol St N 0.57 —A 0.54 — A No Source: LSA 2009. Table E -2 identifies the AM and PM peak hour traffic volumes along Jamboree, MacArthur, and Von Karman. These roads were selected as they are assumed to be the roads construction workers and employees would access for the construction and operation of the proposed project. Newport Business Plaza E -1 Draft Initial Study /Mitigated Negative Declaration May 2010 ICF Jss 00912.09 City of Newport Beach Table E -2. AM and PM Peak Hour Traffic Volumes Appendix E. Traffic Calculations Roadway Segment AM Peak Hour Traffic Volume PM Peak Hour Traffic Volume Jamboree south of Campus 3766 4046 Jamboree north of Campus 3777 4171 Campus east of Jamboree 1128 1374 Campus west of Jamboree 1127 1721 Jamboree south of MacArthur 2301 2678 Jamboree north of MacArthur 2552 3208 MacArthur east of Jamboree 2874 2815 MacArthur west of Jamboree 2463 2381 MacArthur south of Von Karman 2476 2992 MacArthur north of Von Karman 1694 2130 Von Karman east of MacArthur 1182 1300 Source: LSA 2009. Newport Business Plaza May 2010 E -2 Draft Initial Study /Mitigated Negative Declaration icF ass 00872.09 City of Newport Beach Appendix E. Traffic Calculations Table E -3. Estimated Percent Increase in AM Trips Associated with Construction Newport Business Plaza May 2010 E -3 Draft Initial Study /Mitigated Negative Declaration icF ass 00872.09 Construction Phases Construction, Asphalting, and Existing AM Peak Demolition Grading Architectural Finishing Roadway Hour Traffic Percent Increase Percentincrease Percent increase with Segment Volume (LSA 2009) with 7 AM Trips with 9.5 AM trips 20.25 AM trips Jamboree south 3766 0.19% 0.25% 0.54 %u of Campus Jamboree north 3777 0.19% 0.25% 0.54% of Campus Campus east of 1128 0.62% 0.84% 1.80% Jamboree Campus west of 1127 0.62% 0.84% 1.80% Jamboree Jamboree south 2301 0.30% 0.41 %n 0.88% of MacArthur Jamboree north 2552 0.27% 0.37% 0.79% of MacArthur MacArthur east 2874 0.24% 0.33% 0.70% of Jamboree MacArthur west 2463 0.28% 0.39% 0.82% of Jamboree MacArthur south 2476 0.28% 0.38% 0.82 % of Von Karman MacArthur north 1694 0.41% 0.56% 1.20% of Von Karman Von Karman east 1182 0.59% 0.80% 1.71% of MacArthur Newport Business Plaza May 2010 E -3 Draft Initial Study /Mitigated Negative Declaration icF ass 00872.09 City of Newport Beach Appendix E. Traffic Calculations Table E-4. Estimated Percent Increase in PM Trips Associated with Construction Newport Business Plaza May 2010 E-4 Draft Initial Study /Mitigated Negative Declaration icF ass 00872.09 Construction Construction, Asphalting, and Demolition Grading Architectural Finishing PM Peak Hour Roadway Traffic Volume Percent Increase Percent Increase Percent Increase with Segment (LSA 2009) with 7 PM Trips with 9.5 PM Trips 20.25 PM Trips Jamboree south 0.17% 0.23% 0.50% of Campus 4046 Jamboree north 0.17% 0.23% 0.49% of Campus 4171 Campus east of 0.51% 0.69% 1.47% Jamboree 1374 Campus west of 0.41% 0.55% 1.18% Jamboree 1721 Jamboree south 0.26% 0.35% 0.76% of MacArthur 2678 Jamboree north 0.22% 0.30% 0.63% of MacArthur 3208 MacArthur east 0.25% 0.34% 0.72% of Jamboree 2815 MacArthur west 0.29% 0.40% 0.85% of Jamboree 2381 MacArthur south 0.23% 0.32% 0.68% of Von Kansan 2992 MacArthur north 0.33% 0.45% 0.95% of Von Kansan 2130 Von Karman east 0.54% 0.73% 1.56% of MacArthur 1300 Newport Business Plaza May 2010 E-4 Draft Initial Study /Mitigated Negative Declaration icF ass 00872.09 Appendix F Mitigation Monitoring Plan and Report Appendix F Mitigation Monitoring Plan and Report Introduction The California Public Resources Code, Section 21081.6, requires that a lead or responsible agency adopt a mitigation monitoring plan (MMP) when approving or carrying out a project when a Mitigated Negative Declaration (MND) identifies measures to reduce potential adverse environmental impacts to less - than- significant levels. As lead agency for the proposed project, the City of Newport Beach (City) is responsible for adoption and implementation of the MMP. An IS /MND has been prepared for the proposed project that addresses the potential environmental impacts, and, where appropriate, recommends measures to mitigate these impacts. As such, an MMP is required to ensure that adopted mitigation measures are successfully implemented. This document plan lists each mitigation measure, describes the methods for implementation and verification, and identifies the responsible party or parties. Project Overview The project proponent proposes a General Plan amendment and an amendment to the Koll Center Newport Planned Community text for two existing parcels in the City of Newport Beach, as well as development of a new 1 -story bank building, two 3 -story office buildings, and a 2 -level parking structure. The proposed project includes the preparation of a parcel map to combine the two parcels into a single parcel of land. The existing General Plan, which identifies the development limit of Anomaly Number 6 as 34,500 gross square feet, would be amended to increase the development limit by 11,544 gross square feet. The existing Koll Center Newport Planned Community text, which identifies the allowable building area for Office Site F as 24,300 net square feet, would be amended to increase the allowable building area by 18,346 net square feet. These proposed amendments would increase the allowable building square footage to accommodate the development of a new 46,044 - gross - square -foot business plaza. The proposed project involves the demolition of two connected buildings, a 113 - stall surface parking lot, and some existing landscaping and the construction of a new 1 -story bank, two 3 -story office buildings, and a 2 -level parking structure. Newport Business Plaza F -1 Draft Initial Study /Mitigated Negative Declaration May 2010 IcF Jss 00912.09 City of Newport Beach Appendix F: Mitigation Monitoring Plan and Report Additional details regarding the project description are contained in Chapter 2, "Project Description." Monitoring and Reporting Procedures The MMP for the proposed project will be in place through all phases of the project implementation, including design, construction, and operation. The City will be responsible for administering the MMP and ensuring that all parties comply with its provisions. The City may delegate monitoring activities to staff, consultants, or contractors. The City will also ensure that monitoring is documented through periodic reports and that deficiencies are promptly corrected. The designated environmental monitor will track and document compliance with mitigation measures, note any problems that may result, and take appropriate action to rectify problems. Mitigation Monitoring Plan Implementation Table F -1 lists, by resource area, each mitigation measure included in the draft IS /MND. Certain inspections and reports may require preparation by qualified individuals and these are specified as needed. The timing and method of verification for each measure is also specified. Newport Business Plaza F -2 Draft Initial Study /Mitigated Negative Declaration May 2010 ICF Jss 00912.09 City of Newport Beach Appendix F: Mitigation Monitoring Plan and Report MITIGATION MONITORING REPORT PROJECT NAME: Newport Business Plaza PROJECT LOCATION: Two adjoining parcels at 4699 Jamboree Road and 5190 Campus Drive on Assessor's Parcel Numbers 445 - 151 -09 and 445 - 151 -08 in the City of Newport Beach, at the intersection of Jamboree Road and Campus Drive PROJECT DESCRIPTION: Project proposes to demolish and remove the existing two connected buildings, a 113 -stall surface parking lot, and some existing landscaping to prepare the site for the construction of a new 46,044 - gross- square -foot business plaza. The proposed project includes a General Plan amendment and Koll Center Newport Planned Community text amendment to increase the allowable building square footage of the project site from 34,500 gross square feet to 46,044 gross square feet in the General Plan, and from 24,300 gross square feet to 42,646 net square feet in the Koll Center Newport Planned Community text. LEAD AGENCY: City of Newport Beach CONTACT PERSON/ TELEPHONE NO.: Janet Johnson Brown, Associate Planner, (949) 644 -3236 APPLICANT: John Young, World Premier Investments CONTACT PERSON/TELEPHONE NO.: John E. Young 5190 Campus Drive Newport Beach, California 92660 Phone No.: (714) 803 -6983 Table F -1. Summary of Mitigation Monitoring Plan No. Mitigation Measure Time Frame for Responsible Verification of Compliance Implementation& Monitoring Initials Date Remarks Monitoring Agency Aesthetics A -1 The site shall not be excessively illuminated Prior to project City of based on the luminance recommendations of the operation Newport Illuminating Engineering Society of North Beach America, or, if in the opinion of the Planning Planning Director, the illumination creates an Department unacceptable negative impact on surrounding land uses or environmental resources. The Planning Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. A -2 Prior to the issuance of building permits, the Prior to issuance of City of applicant shall prepare a final lighting plan for building permits Newport approval by the Planning Department that Beach demonstrates spill light trespass and glare are Planning below or at luminance levels pursuant to Department recommendations of the Illuminating Engineering Society of North America. A -3 Exterior on -site lighting shall be shielded and Prior to site plan City of confined within site boundaries. No direct rays approval Newport or glare are permitted to shine onto public streets Beach or adjacent sites or create a public nuisance. Planning "Walpak" type fixtures are not permitted. Department Parking area lighting shall have zero cut -off fixtures and light standards shall not exceed 20 Newport Business Plaza F -3 Draft Initial Study /Mitigated Negative Declaration May 2010 ICF J &9 00872.09 City of Newport Beach Appendix F: Mitigation Monitoring Plan and Report No. Mitigation Measure Time Frame for Responsible Verification of Compliance Initials Date Remarks Implementation& Monitoring Monitoring Agency feet in height. Biological Resources BIO -1 The removal of ornamental trees on site shall not During construction Project be scheduled during the avian nesting season construction (approximately February 1— August 31) to ensure contractor project conformance with the Migratory Bird Treaty Act. If clearing and grubbing . are proposed to occur between February 1 and August 31, a preconstruction survey for nesting birds shall be conducted by a qualified biologist no more than 7 days prior to the start of construction. If nesting birds occur within the disturbance area, a buffer around the nest shall be determined by a qualified biologist. All construction activities shall occur outside the buffer area until a qualified biologist has determined that the nest is complete and that no new nesting activity has occurred within the buffer area. Cultural Resources CR -I The project plans shall specify that a qualified. During construction Project archaeologist be contacted in the unlikely event construction that prehistoric archaeological resources are contractor discovered in the project area during ground - disturbing activities. Work shall stop in the area of the find and within 50 feet of the find until a qualified archaeologist can assess the significance of the find and, if necessary, develop appropriate treatment measures. Treatment measures typically include development of avoidance strategies, capping with fill material, or mitigation of impacts through data recovery programs such as excavation or detailed documentation. Prehistoric Archeological monitoring of the project site shall not be required, unless it is determined by the qualified archeologist who prepares the treatment measures for the find that monitoring is required based on the sediments being excavated and the significance of the find. CR -2 Project plans shall specify that that a qualified During construction Project paleontologist shall be contacted in the event that construction potential paleontological resources are contractor discovered. During construction, the contractor shall halt site excavation or preparation if suspected fossilized remains are unearthed. Construction shall cease on site and shall not be resumed until a qualified paleontologist is contacted to assess the resources and identify Newport Business Plaza F-4 Draft Initial Study /Mitigated Negative Declaration May 2010 ICF Jss 00912.09 City of Newport Beach Appendix F: Mitigation Monitoring Plan and Report No. Mitigation Measure Time Frame for Responsible Verification of Compliance Initials Date Remarks Implementation& Monitoring Monitorin A enc appropriate treatment measures, if applicable. Treatment measures may include salvaging fossils and samples of sediments as they are unearthed to avoid construction delays and/or temporarily halting or diverting equipment to allow removal of abundant or large specimens. Recovered specimens shall be prepared to a point of identification and permanent preservation, including washing of sediments to recover small invertebrates and vertebrates. Specimens shall be curated into a professional, accredited museum repository with permanent retrievable storage. A report of findings, with an appended itemized inventory of specimens, shall be prepared and shall signify completion of the program to mitigate impacts on paleontological resources. Geology and Soils GEO -1 During the preparation of the grading plans and Prior to issuance of City of prior to issuance of grading permits, the grading grading permits Newport plans shall stipulate that all grading and Beach earthwork shall be performed in accordance with Building the Grading Ordinances of the City of Newport Department Beach and the applicable portion of the General Earthwork Specification in Appendix B of the geotechnical report prepared for the project. During construction, grading of the site by the contractor shall adhere to grading plans approved by the City. The implementation of these measures shall be verified during field inspections. GEO -2 During the preparation of grading plans and prior Prior to issuance of City of to issuance of grading permits, the grading plans grading permits Newport shall stipulate that all fill shall consist of non- Beach expansive materials, moisture- conditioned to Building near optimum if cohesionless and to 130% of Department optimum if cohesive or clayey. The characteristics of the fill soil shall be evaluated by the geotechnical consultant prior to placement, and confirmed to meet grading plan specifications. GEO -3 During construction, to minimize the potential During construction City of for soil movement, the upper 24 inches of soil Newport within the building slab areas (garage slab, and Beach ramp) shall be replaced with 2 feet of crushed Building aggregate. De artment GEO -4 Prior to construction of the parking area, a Prior to issuance of City of geotechnical engineer shall inspect the bottom of grading permits Newport the site excavation to verify that no additional Beach excavation is required to minimize impacts on Building the structural integrity of the buildings associated Department Newport Business Plaza F -5 Draft Initial Study /Mitigated Negative Declaration May 2010 ICF Jss 00912.09 City of Newport Beach Appendix F: Mitigation Monitoring Plan and Report No. Mitigation Measure Time Frame for Responsible Verification of Compliance Initials Date Remarks Implementation& Monitoring Monitorin A enc with expansive soils. GEO -5 During construction, if groundwater rises near or During construction City of above the proposed excavation during Newport construction, underwater construction and a Beach dewatering system shall be incorporated to Building minimize impacts to the structural integrity of Department the buildings. Hazards and Hazardous Materials HM -1 Prior to demolition of the office buildings on Prior to issuance of City of site, an asbestos - containing materials and lead- grading permits Newport based paint assessment shall be performed by a Beach Public qualified environmental professional and Works conducted in accordance with all federal, state, Department and local requirements, including those established by National Emissions Standards for Hazardous Air Pollutants guidelines and the Occupational Safety and Health Administration (OSHA). A report shall be furnished to the Building Department by said qualified environmental professional and shall outline the occurrence of hazardous materials on the project site. ■ If asbestos- containing materials are discovered during site investigations, all potentially friable asbestos- containing materials shall be removed in accordance with federal, state, and local laws and the National Emissions Standards for Hazardous Air Pollutants guidelines prior to building demolition or renovation that may disturb the materials. All demolition activities shall be undertaken in accordance with California Occupational Safety and Health Administration (Cal /OSHA) standards, contained in Title 8 of the California Code of Regulations (CCR), Section 1529, to protect workers from exposure to asbestos. Materials containing more than 1% asbestos are also subject to SCAQMD regulations. Demolition and the transport and disposal shall be performed in conformance with these federal, state, and local laws and regulations shall avoid significant exposure of construction workers and/or the public to asbestos - containing materials. ■ If lead -based paint is discovered during on- site investigations, all building materials containing lead -based paint shall be removed in accordance with CaUOSHA lead in construction standard, Title 8, CCR 1532.1, including employee training, Newport Business Plaza F -6 Draft Initial Study /Mitigated Negative Declaration May 2010 ICF J &a 00912.09 City of Newport Beach Appendix F: Mitigation Monitoring Plan and Report No. Mitigation Measure Time Frame for Responsible Verification of Compliance Initials Date Remarks Implementation& Monitoring Monitorin A enc employee air monitoring, and dust control. Any debris or soil containing lead -based paint or coatings shall be disposed of at landfills that meet acceptance criteria for the waste being disposed of Demolition and the transport and disposal shall be performed in conformance with these federal, state, and local laws and regulations shall avoid significant exposure of construction workers and/or the public to lead -based paint. HM -2 Prior to site plan approval, the City of Newport Prior to site plan City of Beach shall file a notice of Proposed approval Newport Construction or Alteration with FAA (FAA Beach Form 7460 -1) in accordance with Federal Planning Aviation Regulation (FAR) Part 77. Following Department FAA's aeronautical study of the project site, the proposed project shall comply with conditions of approval imposed or recommended by FAA. Subsequent to these findings, the City shall refer the proposed project to the Orange County Airport Land Use Commission for consistency analysis. The Director of Planning, or designee, shall verify that the City has received a Determination of No Hazard to Air Navigation prior to the issuance of building permits for the northern parcel. Noise N -1 All noise - producing project equipment and During final design City of vehicles using internal combustion engines shall and prior to plan Newport be equipped with mufflers, air -inlet silencers check approval Beach Code where appropriate, and any other shrouds, Enforcement shields, or other noise - reducing features in good operating condition that meet or exceed original City of factory specification. Mobile or fixed "package" Newport equipment (e.g., are welders, air compressors) Beach shall be equipped with shrouds and noise control Building features that are readily available for that type of Department equipment. N -2 All mobile and fixed noise - producing equipment During grading, site City of used on the proposed project that is regulated for preparation, and Newport noise output by a local, state, or federal agency construction Beach Code shall comply with such regulation while in the Enforcement course of project activity. City of Newport Beach Building Department N -3 Electrically powered equipment shall be used During final design City of instead of pneumatic or internal and prior to plan Newport Newport Business Plaza F -7 Draft Initial Study /Mitigated Negative Declaration May 2010 ICF Jss 00912.09 City of Newport Beach Appendix F: Mitigation Monitoring Plan and Report No. Mitigation Measure Time Frame for Responsible Verification of Compliance Initials Date Remarks Implementation& Monitoring Monitorin A enc combustion - powered equipment, where feasible. check approval Beach Code Enforcement During grading, site preparation, and City of construction Newport Beach Building Department N-4 Mobile noise - generating equipment and During, grading, site City of machinery shall be shut off when not in use. preparation, and Newport construction Beach Code Enforcement City of Newport Beach Building De artment N -5 Material stockpiles and mobile equipment During, grading, site City of staging, parking, and maintenance areas shall be preparation, and Newport located as far as practical from noise - sensitive construction Beach Code receptors. Enforcement City of Newport Beach Building Department N -6 Construction site and access road speed limits During,, grading, site City of shall be established and enforced during the preparation, and Newport construction period. construction Beach Code Enforcement City of Newport Beach Building De arhnent N -7 The use of noise - producing signals, including During construction City of horns, whistles, alarms, and bells, shall be for Newport safety warning purposes only. Beach Code Enforcement City of Newport Beach Building Department N -8 No project - related public address or music During, grading, site City of system shall be audible at any adjacent receptor. preparation, and Newport construction Beach Code Newport Business Plaza F -8 Draft Initial Study /Mitigated Negative Declaration May 2010 ICF J &a 00912.09 City of Newport Beach Appendix F: Mitigation Monitoring Plan and Report No. Mitigation Measure Time Frame for Responsible Verification of Compliance Initials Date Remarks Implementation& Monitoring Monitorin A enc Enforcement City of Newport Beach Building Department N -9 The on -site construction supervisor shall have During final design City of the responsibility and authority to receive and and prior to plan Newport resolve noise complaints. A clear appeal process check approval Beach Code to the project proponent shall be established Enforcement prior to construction commencement that shall During grading, site allow for resolution of noise problems that preparation, and City of cannot be immediately solved by the site construction Newport supervisor. Beach Building De artment Newport Business Plaza F -9 Draft Initial Study /Mitigated Negative Declaration May 2010 ICF Jss 00912.09 Attachment No. CC 3 Planning Commission Staff Report dated August 5, 2010 0 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT August 5, 2010 Agenda Item 5 SUBJECT: Newport Business Plaza (PA2008 -164) 4699 Jamboree Road and 5190 Campus Drive • General Plan Amendment No. GP2008 -007 • Planned Community Development Plan Amendment No. PD2009 -001 • Tentative Parcel Map No. NP2010 -006 (County Tentative Parcel Map No. 2010 -101) APPLICANT: WPI- Newport, LLC PLANNER: Janet Johnson Brown, Associate Planner (949) 644 -3236, ibrown(a)newportbeachca aov PROJECT SUMMARY The applicant proposes to redevelop the project site with a new commercial business plaza. The following approvals are requested in order to implement the project: 1. A General Plan amendment to increase the maximum allowable development limit for Anomaly Location #6 in Statistical Area L4 (Airport Area) of the General Plan Land Use Element by 11,544 gross square feet. 2. An amendment to the Koll Center Newport (PC -15) Planned Community text to allow an increase to the Allowable Building Area for Professional & Business Office Site F by 18,346 net square feet. 3. A tentative parcel map for commercial condominium purposes, and to combine the existing two parcels (Parcel 1 at 4699 Jamboree Road, an d Parcel 2 at 5190 Campus Drive) into a single building site. RECOMMENDATION 1. Conduct a public hearing; and 2. Adopt Resolution No. (Attachment No. PC1) recommending that the City Council: a. Adopt the Mitigated Negative Declaration, including the Mitigation Monitoring and Reporting Program; and b. Approve General Plan Amendment No. 2008 -007; and Newport Business Plaza (PA2008 -164) August 5, 2010 Page 2 c. Approve Planned Community Development Plan Amendment No. 2009 -001; and d. Approve Tentative Parcel Map No. 2010 -006. Project Site Newport Business Plaza (PA2008 -164) August 5, 2010 Page 4 INTRODUCTION Proiect Settin The project site is located within the Koll Center Newport Planned Community, a 180 - acre master planned campus office park, at the southwest corner of Campus Drive and Jamboree Road. The 1.76 -acre site was developed in the late 1970's, and consists of two parcels currently developed with a bank building, a commercial office building, and a shared surface parking lot. The property located at 5190 Campus Drive is the former location of the Far East Bank, and is developed with a 10,200- square -foot building, and 4699 Jamboree Road is developed with an 11,100- square -foot commercial office building. Both buildings are currently occupied by the offices of World Premier Investments (WPI) /United American Properties. The surrounding land uses include commercial retail and office buildings located to the north /northwest of the project site, three high -rise condominium towers (The Plaza) located to the north /northeast of the site, and the University of Irvine Arboretum is located across Jamboree Road to the east/southeast of the project site, all of which are located in the City of Irvine. Immediately adjacent to the project site to the south is the Harbor Justice Center, and to the west of the project site is the Campus Plaza office complex, both of which are located within the City of Newport Beach. Project Description The applicant proposes to demolish the two existing buildings and redevelop the site with a new approximately 46,000 - gross- square -foot commercial business plaza. The project site is located in the Statistical Area L4 (Airport Area) of the Land Use Element of the General Plan, and is identified as Anomaly Location #6 on the Land Use Plan. Anomaly Location #6 establishes a precise development limit of 34,500 gross square feet ( "GSF ") for this location. Therefore, an amendment to the Land Use Element to allow for an 11,544 -GSF increase in the development limit is requested to implement the proposed redevelopment of the site. The Koll Center Newport Planned Community text identifies the project site as Professional & Business Office Site F, and limits the allowable building area to 24,300 net square, feet ( "NSF "). The applicant requests an amendment to the planned community text to increase the allowable building area by 18,346 NSF to implement the proposed redevelopment of the site with a new approximately 42,600 -NSF commercial business plaza. Newport Business Plaza (PA2008 -164) August 5, 2010 Page 5 The applicant requests approval of a tentative parcel map for commercial condominiums purposes, and in order to combine the two parcels into a single building site to accommodate redevelopment of the site with a new commercial business plaza. The map as proposed will establish specific units for the different uses within the property for individual sale, and identify common areas. The applicant has prepared detailed project plans for the proposed redevelopment of the site (Attachment No. PC2). These plans have been provided for informational purposes only, and are not under consideration as part of the proposed project.' The proposed commercial business plaza would be comprised of four levels and would include a 1 -story bank building of approximately 4,000 square feet, two 3 -story office buildings (identified as Buildings A and B on the attached plans) of approximately 42,000 square feet, and a 2 -level parking structure with 214 stalls. The first level (at or slightly below grade) would consist of the first level of the parking structure. The second level (referred to as the podium level on the plans) would consist of the second level of parking, a plaza area, and the first story of the bank building and the two office buildings. The third and fourth levels would consist of the second and third stories of the two office buildings. DISCUSSION Analysis Amendments to the General Plan and the Koll Center Newport Planned Community text are legislative acts. There are no required findings for approval or denial for such amendments established by either City or State Planning laws. However, when making a recommendation to the City Council, the Planning Commission should consider various declarative goals and policies of the General Plan to ensure internal consistency. General Plan The General Plan Land Use Element designates the project site as Mixed -Use Horizontal 2 ( "MU -H2 "). The MU -H2 designation provides for a horizontal intermixing of uses that may include regional commercial office, multifamily residential, vertical mixed - use buildings, industrial, hotel rooms, and ancillary neighborhood commercial uses. The proposed new commercial business plaza is consistent with this designation. The General Plan provides for the development of office, industrial, retail and airport- related businesses in the Airport Area (Statistical Area 1-4), and includes goals and Pursuant to Council Policy K -1 (General Plan) which provides procedures for amendments to the General Plan, detailed plans are not a required submittal item. The Koll Center Newport Planned Community Development Considerations require that a precise development plan be submitted by the developer to the Planning Director for review prior to the issuance of any building permits. �I Newport Business Plaza (PA2008 -164) August 5, 2010 Page 6 policies related to development in the City, and specifically in the Airport Area. A complete consistency analysis of each of the applicable General Plan policies is included Appendix C of the Mitigated Negative Declaration ( "MND ") on Pages C1 through C16 of Attachment No. PC3. The applicant is requesting to amend the General Plan to increase the maximum allowable development limit in Anomaly Location #6 from 34,500 GSF to 46,044 GSF. In considering the proposed General Plan amendment to increase the allowable development limit, the Planning Commission should consider the following Land Use Element policies: LU 3.2 Growth and Change Enhance existing neighborhoods, districts, and corridors, allowing for re -use and infill with uses that are complementary in type, form, scale, and character. Changes in use and /or densiVintensity should be considered only in those areas that are economically underperforming, are necessary to accommodate Newport Beach's share of projected regional population growth, improve the relationship and reduce commuting distance between home and jobs, or enhance the values that distinguish Newport Beach as a special place to live for its residents. The scale of growth and new development shall be coordinated with the provision of adequate infrastructure and public services, including standards for acceptable traffic level of service. (Imp 1. 1, 2.1, 5.1, 10.2, 16.2, 16.3, 171, 18.1, 19.1, 22.1, 23.1, 23.2) The applicant asserts the increase in development limits is necessary in order for the redevelopment of this property to be economically feasible. If this assertion is correct, the proposed General Plan amendment would be consistent with Policy LU 3.2 for the following reasons: • The increased development limit would allow for redevelopment of the existing underperforming properties, and would allow a project what would generate greater architectural presence and enhance this prominent intersection at the northeast boundary of the City limits. • The proposed project would be served by adequate infrastructure and public services, and the proposed increase in development limits would not exceed existing service levels for public services or utilities. • As discussed in the Transportation and Traffic Section of the MND prepared for the proposed project (Pages 3 -62 through 3 -69 of Attachment No. PC3), the proposed project would result in a decrease in trips due to the reduction in square footage of the existing bank building from approximately 10,000 square feet to approximately 4,000 square feet. Thus, the decrease in trips during operation of the proposed project would not impact the standards for acceptable traffic level of service in this area. Vl3 i i Newport Business Plaza (PA2008 -164) August 5, 2010 Page 7 LU 6.15.1 Land Use Districts and Neighborhoods Provide for the development of distinct business park, commercial, and airport - serving districts and residential neighborhoods that are integrated to ensure a quality environment and compatible land uses. (Imp 1. 1, 2.1) The proposed General Plan amendment would be consistent with Policy LU 6.15.1 specific to the Airport Area for the following reason: • The proposed project would provide for redevelopment of the site with a new distinct business plaza, integrated to ensure a quality environment that is compatible with the existing surrounding land uses in the Koll Center Newport Planned Community, and the City of Irvine. Staff believes the proposed project can be found consistent with the General Plan goals and policies, and supports the proposed General Plan amendment. If this proposed General Plan amendment is approved, Table LU2 (Anomaly Locations) of the General Plan Land Use Element would be updated to reflect a maximum development limit of 46,044 GSF. See Attachment No. PC4 for draft changes to Land Use Element. Charter Section 423 (Measure S) Charter Section 423 requires voter approval of any major General Plan amendment to the General Plan. A major General Plan amendment is one that significantly increases allowed density or intensity by 40,000 square feet of non - residential floor area, or increases traffic by more than 100 peak hour vehicle trips, or increases residential dwelling units by 100 units. These thresholds apply to the total of increases resulting from the amendment itself, plus 80 percent of the increases resulting from other amendments affecting the same neighborhood (defined as a Statistical Area as shown in the General Plan Land Use Element) and adopted within the preceding ten years. Council Policy A -18 requires that proposed amendments to the General Plan be reviewed to determine if a vote of the Newport Beach electorate would be required. This policy includes a provision 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 indicated above. The project site for which the General Plan amendment is proposed is located within Statistical Area L4 of the General Plan Land Use Element, and would result in an increase of 11,544 GSF of non - residential floor area. Based on the trip generation rates contained in the Council Policy A -18 (blended commercial rate), the proposed project is forecast to generate an additional 34 a.m. peak hour trips and 46 p.m. peak hour trips. There has been one prior amendment approved within Statistical Area L4 since adoption of the 2006 General Plan, which was adopted on January 9, 2007. Table 1 l��l Newport Business Plaza (PA2008 -164) August 5, 2010 Page 8 below shows the area and peak hour trips analysis for the prior amendment and the proposed project: Ta¢Iq Ch "arte Section, 2 }Area aid Ptak Flour, ri Galculati, gg% x.x sr �P 1 A? a s M Pea pn atel1v0 0 'M Pe kTn ,1111 000 .a Prior Amendment 19,212.8 sq.ft. (80 %) GP2006 -096 34.19 a.m. trips (80 %) 33.04 a.m. trips (80 %) Proposed 11,544 sq.ft. (100 %) Amendment 34.63 a.m. trips (100 %) 46.17 p.m. trips (100 %) Total 30,756.8 s .ft. 68.82 a.m. rips 79.21 .m. tri s As indicated in the above table, the proposed General Plan amendment does not exceed the non - residential floor area threshold, and does not exceed the peak hour vehicle trips threshold. Therefore, none of the three thresholds that require a vote pursuant to Charter Section 423 are exceeded. If the proposed General Plan amendment is approved by City Council, the amendment will become a prior amendment that will be tracked for ten years for any proposed future amendments. It should be noted that a second request for a General Plan amendment appears on the August 5, 2010, Planning Commission meeting agenda. None of the three thresholds that require a vote pursuant to Charter Section 423 would be exceeded if both requests are granted by the City Council, as demonstrated in Table 2 below: GP2006 -096V v 1 19,212.8 sq.ft. (80 %) I 34.19 a.m. trips (80 %) I 33.04 a.m. trips (80 %) This Proposed Amendment Amendment GP2007 -009 9,235.2 sq.ft. (80 %) 11,544 sq.ft. (100 %) Planned Community Text Amendment 27.70 a.m. trips (80 %) 20.54 a.m. trips (100 %) 36.94 p.m. trips (80 %) 19.85 p.m. trips (100 %) The Koll Center Newport Planned Community Development Standards were adopted by the City Council on August 14, 1972. The applicant is requesting to amend Part II ( "Commercial') of Section I ( "Site Area and Building Area ") of the planned community text to increase the allowable building area for Office Site F from 24,300 NSF to 42,646 NSF. The proposed change in allowable building area affects the Statistical Analysis data for Office Site F, which has been revised accordingly. The proposed changes to Part Il, Section I of the planned community text are shown on Attachment No. PC5. Newport Business Plaza (PA2008 -164) August 5, 2010 Page 9 No changes to any other development regulations are proposed or necessary to implement this project, and the project as proposed will comply with all general development standards specified in the planned community text. Tentative Parcel Map The applicant requests approval of a tentative parcel map for commercial condominiums purposes, and to combine the two parcels into a single building site in order to accommodate development of the new commercial business plaza. In approving a tentative parcel map, the decision- making body must make all of the following findings per Section 19.12.070 of Title 19 of the Newport Beach Municipal Code ( "NBMC °). Staff believes the proposed parcel map is consistent with the legislative intent of Title 20 of the NBMC, and the following facts support the findings required pursuant to Section 19.12.070 to grant approval of a tentative parcel map: 1. Finding: That the proposed map and the design or improvements of the subdivision are consistent with the General Plan and any applicable specific plan, and with applicable provisions of the Subdivision Map Act and this Subdivision Code. Facts in Support of Finding: The proposed parcel map is for commercial condominium purposes and to combine two existing parcels of land into a single building site. As part of the proposed project, the applicant requests approval of a General Plan amendment to increase the maximum allowable development limit on the subject property. If the General Plan amendment is approved, the proposed subdivision and improvements of the subdivision would be consistent with the General Plan and the MU -H2 land use designation. 2. Finding: That the site is physically suitable for the type and density of development. Facts in Support of Finding: • The lot is regular in shape, has a slope of less than 20 percent, and is suitable for development. • As part of the proposed project, the applicant requests approval of a General Plan amendment and an amendment to the Koll Center Planned Community text to increase the maximum allowable development limit on the subject property. If the General Plan amendment and planned community text amendment are approved, the project site would be physically suitable for the amount of entitlement (or intensity) proposed for development of the site. qGr 9 r Newport Business Plaza (PA2008 -164) August 5, 2010 Page 10 3. Finding: That the design of the subdivision or the proposed improvements will not cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat. However, notwithstanding the foregoing, the decision - making body may nevertheless approve such a subdivision if an environmental impact report was prepared for the project and a finding was made pursuant to Section 21081 of the California Environmental Quality Act that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report. Facts in Support of Finding: A MND has been prepared for the proposed project, and it has been determined that the design of the subdivision or the proposed development will not result in a significant effect on the environment, nor substantially and avoidably injure fish or wildlife or their habitat. 4. Finding: That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. Facts in Support of Finding: The proposed parcel map is for commercial condominium purposes, and to combine two existing parcels into a single building site. Construction for the proposed project will comply with all Building, Public Works, and Fire Codes, which are in place to prevent serious public health problems. Public improvements will be required of the developer per Section 19.28.010 of the Municipal Code and Section 66411 of the Subdivision Map Act. All ordinances of the City and all Conditions of Approval will be complied with. 5. Finding: That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the decision - making body may approve a map if it finds that alternate easements, for access or for use, will be provided and that these easements will be substantially equivalent to easements previously acquired by the public. This finding shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to the City Council to determine that the public at large has acquired easements for access through or use of property within a subdivision. Facts in Support of Finding: The design of the development will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development as there are no public easements that are located on the property. 6. Finding: That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act, if the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (Williamson Act), the resulting Newport Business Plaza (PA2008 -164) August 5, 2010 Page 11 parcels following a subdivision of the land would not be too small to sustain their agricultural use or the subdivision will result in residential development incidental to the commercial agricultural use of the land. Facts in Support of Finding: Because the subject property is not considered an agricultural preserve and is less than 100 acres, it is not subject to the Williamson Act. In addition, the subject property is zoned PC -15 (Koll Center Newport Planned Community), which does not allow agricultural uses. 7. Finding: That, in the case of a "land project" as defined in Section 11000.5 of the California Business and Professions Code: (a) there is an adopted specific plan for the area to be included within the land project; and (b) the decision - making body finds that the proposed land project is consistent with the specific plan for the area. Facts in Support of Finding: The property is not a "land project" as defined in Section 11000.5 of the California Business and Professions Code, and the project site is not located within a specific plan area. 8. Finding: That solar access and passive heating and cooling design requirements have been satisfied in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map Act. Facts in Support of Finding: The proposed parcel map and improvements associated with the proposed project are subject to Title 24 of the California Building Code that requires new construction to meet minimum heating and cooling efficiency standards depending on location and climate. The Newport Beach Building Department enforces Title 24 compliance through the plan check and inspection process. 9. Finding: That the subdivision is consistent with Section 66412.3 of the Subdivision Map Act and Section 65584 of the California Government Code regarding the City's share of the regional housing need and that it balances the housing needs of the region against the public service needs of the City's residents and available fiscal and environmental resources. Facts in Support of Finding: The proposed parcel map is for commercial condominium purposes and to combine two existing parcels into a single building site. No residential uses are proposed as part of the project, and no affordable housing units are being eliminated. 10. Finding: That the discharge of waste from the proposed subdivision into the existing sewer system will not result in a violation of existing requirements prescribed by the Regional Water Quality Control Board ( "RWQCB "). Newport Business Plaza (PA2008 -164) August 5, 2010 Page 12 Facts in Support of Finding: The proposed project would not exceed wastewater treatment requirements of the RWQCB, and additional wastewater discharge into the existing sewer system generated by the proposed project would not violate RWQCB requirements. 11. Finding: For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision conforms with the certified Local Coastal Program and, where applicable, with public access and recreation policies of Chapter Three of the Coastal Act. Facts in Support of Finding: The subject property is not located in the Coastal Zone. Environmental Review A MND has been prepared for the proposed project by ICF Jones & Stokes, an environmental consulting firm, in accordance with the implementing guidelines of the California Environmental Quality Act (CEQA). The MND is attached as Attachment No. PC3. Based on the analysis in the MND, seven categories were identified which the project would have potentially significant impacts, as follows: Aesthetics, Biological Resources, Cultural Resources, Geology /Soils, Hazards/Hazardous Materials, Noise, and TransportationlTrafc. Specific mitigation measures have been prepared to reduce the potentially significant adverse effects to a less than significant level, and are included in the Mitigation Monitoring and Reporting Program ( "MMRP "). The MND was circulated for a 20 -day public review period on May 19, 2010, and concluded on June 7, 2010. Staff has received four comment letters from agencies, which are attached as Attachment No. PC5. An Errata to the MND (Chapter 4) has been prepared to address minor modifications to the MND. These minor modifications are related to the public comments received, and have been prepared in order to provide clarifications or corrections to the MND. No new significant environmental impacts were identified, and no new mitigation measures have been added to the MMRP. Summary Staff recommends the Planning Commission adopt the draft resolution recommending City Council adoption of the MND, and approval of General Plan Amendment No. 2008- 007, Planned Community Development Plan Amendment No. 2009 -001, and Tentative Parcel Map No. 2010 -006 subject to the attached findings and conditions (Attachment No. PC1) Newport Business Plaza (PA2008 -164) August 5, 2010 Page 13 Alternatives The Planning Commission may approve the draft resolution and recommend City Council approval of the proposed project as requested, approve a revised project, continue the item, or deny the project. Should the Planning Commission choose to approve a revised project, staff will return at a date certain with a revised resolution incorporating new findings and /or conditions. 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. Finally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the city website. Prepared by: ATTACHMENTS Submitted by: Pafrick J. Alf rd Planning Manager PC 1 Draft Resolution with Findings and Conditions PC 2 Project plans PC 3 Draft Mitigated Negative Declaration PC 4 General Plan Land Use Element Text Changes PC 5 Planned Community Text Changes PC 6 Comment Letters 50 �� o Attachment No. PC 1 Draft Resolution with Findings and Conditions 5� -t% 53 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING ADOPTION OF A MITIGATED NEGATIVE DECLARATION, APPROVAL OF GENERAL PLAN AMENDMENT NO. GP2008 -007, APPROVAL OF PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT NO. PD2009 -001, AND APPROVAL OF TENTATIVE PARCEL MAP NO. NP2010 -006 FOR A NEW COMMERCIAL BUSINESS PLAZA LOCATED 4699 JAMBOREE ROAD AND 5190 CAMPUS DRIVE (PA2008 -164) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by WPI- Newport, LLC, with respect to property located at 4699 Jamboree Road and 5190 Campus Drive, and legally described as Parcels 1 and 2 of Parcel Map, as per map filed in Book 142, Pages 18 and 19 of Parcel Maps, in the Office of the Orange County Recorder, requesting approval of. 1) a General Plan Amendment to increase the maximum allowable development limit for Anomaly Location #6 of the Land Use Element by 11,544 gross square feet, 2) an amendment to the Koll Center Newport (PC -15) Planned Community text to allow an increase to the Allowable Building Area for Professional & Business Office Site F by 18,346 net square feet, and 3) approval of a tentative parcel map for commercial condominium purposes, and to combine the existing two parcels (Parcel 1 at 4699 Jamboree Road and Parcel 2 at 5190 Campus Drive) into a single building site. 2. The applicant proposes to demolish the two existing buildings and redevelop the site with a new approximately 46,000- gross- square -foot commercial business plaza. 3. The subject property is located within the Koll Center Newport (PC -15) Planned Community Zoning District and the General Plan Land Use Element category is Mixed - Use Horizontal 2 (MU -1-12). 4. The subject property is not located within the coastal zone. 5. A public hearing was held by the Planning Commission on August 5, 2010, 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 Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. 5u 0'.� Planning Commission Resolution No. _ Newport Business Plaza (PA2008 -164) Page 2 of 20 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. An Initial Study and Mitigated Negative Declaration have been prepared in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3. 2. The draft Mitigated Negative Declaration was circulated for a 20 -day public comment period beginning on May 19, 2010, and ending on June 7, 2010. The contents of the environmental document and comments on the document were considered by the Planning Commission in its review of the proposed project. 3. On the basis of the entire environmental review record, the proposed project, with mitigation measures, will have a less than significant impact upon the environment and there are no known substantial adverse affects on human beings that would be caused. Additionally, there are no long -term environmental goals that would be compromised by the project, nor cumulative impacts anticipated in connection with the project. The mitigation measures identified and incorporated in the Mitigation Monitoring and Reporting Program are feasible and will reduce the potential environmental impacts to a less than significant level. 4. The Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program attached as Exhibit "A" is hereby recommended for adoption by the City Council. The document and all material, which constitute the record upon which this decision for recommendation was based, are on file with the Planning Department, City Hall, 3300 Newport Boulevard, Newport Beach, California. 5. The Planning Commission finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger. SECTION 3. FINDINGS. 1. The project site is located in the Statistical Area L4 (Airport Area) of the Land Use Element of the General Plan, and is identified as Anomaly Location #6. The General Plan Land Use Element designates the project site as Mixed -Use Horizontal 2 ( "MU- 112 "). The MU -H2 designation provides for a horizontal intermixing of uses that may include regional commercial office, multifamily residential, vertical mixed -use buildings, industrial, hotel rooms, and ancillary neighborhood commercial uses. The proposed new commercial business plaza is consistent with this designation. 55 /,�� Planning Commission Resolution No. _ Newport Business Plaza (PA2008 -164) Paae 3 of 19 complementary in type, form, scale, and character. The policy states that changes in use and /or density /intensity should be considered only in those areas that are economically underperforming, are necessary to accommodate Newport Beach's share of projected regional population growth, improve the relationship and reduce commuting distance between home and jobs, or enhance the values that distinguish Newport Beach as a special place to live for its residents. The scale of growth and new development shall be coordinated with the provision of adequate infrastructure and public services, including standards for acceptable traffic level of service. The proposed General Plan amendment to increase the maximum allowable development limit in Anomaly Location #6 from 34,500 gross square feet to 46,044 gross square feet is consistent with General Plan Policy LU 3.2 as follows: • The increased development limit would allow for redevelopment of the existing underperforming properties, and would allow a project what would generate greater architectural presence and enhance this prominent intersection at the northeast boundary of the City limits. • The proposed project would be served by adequate infrastructure and public services, and the proposed increase in development limits would not exceed existing service levels for public services or utilities. • As indicated in the Transportation and Traffic Section of the MND, the proposed project would result in a decrease in trips due to the reduction in square footage of the existing bank building from approximately 10,000 square feet to approximately 4,000 square feet. Thus, the decrease in trips during operation of the proposed project would not impact the standards for acceptable traffic level of service in this area. 3. General Plan Policy LU 6.15.1 provides for the development of distinct business park, commercial, and airport- serving districts and residential neighborhoods that are integrated to ensure a quality environment and compatible land uses. The proposed General Plan amendment to increase the maximum allowable development limit is consistent with this policy as follows: • The proposed project would provide for redevelopment of the site with a new distinct business plaza, integrated to ensure a quality environment that is compatible with the existing surrounding land uses in the Koll Center Newport Planned Community, and the City of Irvine. 4. Charter Section 423 requires that all proposed General Plan Amendments be reviewed to determine if the square footage (for non - residential projects), peak hour vehicle trip, or dwelling units thresholds would be exceeded as the means to determine whether a vote by the electorate would be required to approve the General Plan Amendment. Pursuant to Council Policy A -18, voter approval is not required as the proposed General Plan Amendment does not exceed the non - residential floor area Jib 'If Planning Commission Resolution No. _ Newport Business Plaza (PA2008 -164) Page 4 of 19 threshold, does not exceed the peak hour vehicle trips threshold, and does not create any new dwelling units. 5. The General Plan includes several goals and policies emphasizing high quality redevelopment and new development of sites, utilizing adequate standards for site and building design, parking and undergrounding of utilities, landscaping, and signage control.. The Koll Center Newport Planned Community Development Standards provides the regulations to implement these various goals and policies. Other than the increase in allowable building area for Office Site F from 24,300 net square feet to 42,646 net square feet, the project as proposed meets all general development standards specified in the planned community text. A tentative parcel map for commercial condominiums purposes, and to combine the two parcels into a single building site in order to accommodate development of the new commercial business plaza has been prepared in accordance with Title 19 of the Newport Beach Municipal Code (NBMC). The Planning Commission determined in this case that the proposed parcel map is consistent with the legislative intent of Title 20 of the NBMC, and the following findings per Section 19.12.070, and facts in support of such findings are set forth: A. Finding: That the proposed map and the design or improvements of the subdivision are consistent with the General Plan and any applicable specific plan, and with applicable provisions of the Subdivision Map Act and this Subdivision Code. Facts in Support of Finding: A -1. The proposed parcel map is for commercial condominium purposes and to combine two existing parcels of land into a single building site. As part of the proposed project, the applicant requests approval of a General Plan amendment to increase the maximum allowable development limit on the subject property. If the General Plan amendment is approved, the proposed subdivision and improvements of the subdivision would be consistent with the General Plan and the MU -1-12 land use designation. B. Finding: That the site is physically suitable for the type and density of development. Facts in Support of Finding: B -1. The lot is regular in shape, has a slope of less than 20 percent, and is suitable for development. 5� zo Planning Commission Resolution No. _ Newport Business Plaza (PA2008 -164) Paqe 5 of 19 B -2. As part of the proposed project, the applicant requests approval of a General Plan amendment and an amendment to the Koll Center Planned Community text to increase the maximum allowable development limit on the subject property. If the General Plan amendment and planned community text amendment are approved, the project site would be physically suitable for the amount of entitlement (or intensity) proposed for development of the site. C. Finding: That the design of the subdivision or the proposed improvements will not cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat. However, notwithstanding the foregoing, the decision - making body may nevertheless approve such a subdivision if an environmental impact report was prepared for the project and a finding was made pursuant to Section 21081 of the California Environmental Quality Act that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report. Facts in Support of Finding: C -1. A MND has been prepared for the proposed project, and it has been determined that the design of the subdivision or the proposed development will not result in a significant effect on the environment, nor substantially and avoidably injure fish or wildlife or their habitat. D. Findinq: That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. Facts in Support of Finding D -1. The proposed parcel map is for commercial condominium purposes, and to combine two existing parcels into a single building site. Construction for the proposed project will comply with all Building, Public Works, and Fire Codes, which are in place to prevent serious public health problems. Public improvements will be required of the developer per Section 19.28.010 of the Municipal Code and Section 66411 of the Subdivision Map Act. All ordinances of the City and all Conditions of Approval will be complied with. E. Finding: That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. In this connection, the decision - making body may approve a map if it finds that alternate easements, for access 5� Planning Commission Resolution No. _ Newport Business Plaza (PA2008 -164) Page 6 of 19 or for use, will be provided and that these easements will be substantially equivalent to easements previously acquired by the public. This finding shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to the City Council to determine that the public at large has acquired easements for access through or use of property within a subdivision. Facts in Support of Finding: EA The design of the development will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development as there are no public easements that are located on the property. F. Finding: That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act, if the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (Krilliamson Act), the resulting parcels following a subdivision of the land would not be too small to sustain their agricultural use or the subdivision will result in residential development incidental to the commercial agricultural use of the land. Facts in Support of Finding: F.1 Because the subject property is not considered an agricultural preserve and is less than 100 acres, it is not subject to the Williamson Act. In addition, the subject property is zoned PC -15 (Koll Center Newport Planned Community), which does not allow agricultural uses. G. Finding: That, in the case of a "land project" as defined in Section 99000.5 of the California Business and Professions Code: (a) there is an adopted specific plan for the area to be included within the land project, and (b) the decision- making body finds that the proposed land project is consistent with the specific plan for the area. Facts in Support of Finding: GA The property is not a "land project" as defined in Section 11000.5 of the California Business and Professions Code, and the project site is not located within a specific plan area. 5T c'O Planning Commission Resolution No. _ Newport Business Plaza (PA2008 -164) Page 7 of 19 H. Finding: That solar access and passive heating and cooling design requirements have been satisfied in accordance with Sections 66473.9 and 66475.3 of the Subdivision Map Act. Facts in Support of Finding: H.1 The proposed parcel map and improvements associated with the proposed project are subject to Title 24 of the California Building Code that requires new construction to meet minimum heating and cooling efficiency standards depending on location and climate. The Newport Beach Building Department enforces Title 24 compliance through the plan check and inspection process. Finding: That the subdivision is consistent with Section 66492.3 of the Subdivision Map Act and Section 65584 of the California Government Code regarding the City's share of the regional housing need and that it balances the housing needs of the region against the public service needs of the City's residents and available fiscal and environmental resources. Facts in Support of Finding: 1.1 The proposed parcel map is for commercial condominium purposes and to combine two existing parcels into a single building site. No residential uses are proposed as part of the project, and no affordable housing units are being eliminated. J. Finding: That the discharge of waste from the proposed subdivision into the existing sewer system will not result in a violation of existing requirements prescribed by the Regional Water Quality Control Board ( "RWQCB'). Facts in Support of Finding_ J.1 The proposed project would not exceed wastewater treatment requirements of the RWQCB, and additional wastewater discharge into the existing sewer system generated by the proposed project would not violate RWQCB requirements. 60 <� Planning Commission Resolution No. _ Newport Business Plaza (PA2008 -164) Page 8 of 20 K. Finding: For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision conforms with the certified Local Coastal Program and, where applicable, with public access and recreation policies of Chapter Three of the Coastal Act. Facts in Support of Findinq: K.1 The subject property is not located in the Coastal Zone. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 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 the Mitigated Negative Declaration, including the Mitigation Monitoring and Reporting Program, attached as Exhibit "A ". The document and all material, which constitute the record upon which this decision was based, are on file with the Planning Department, City Hall, 3300 Newport Boulevard, Newport Beach, California. 2. The Planning Commission of the City of Newport Beach does hereby recommend that the City Council approve General Plan Amendment No. 2008 -007 to increase the maximum allowable development for Anomaly Location #6 from 34,500 gross square feet to 46,044 gross square feet. 3. The Planning Commission of the City of Newport Beach does hereby recommend that the City Council approve Planned Community Development Plan Amendment No. 2009- 001 to amend the Koll Center Newport (PC -15) Planned Community text to allow an increase in the allowable building area for Professional & Business Office Site F from 24,300 net square feet to 42,646 net square feet. 4. The Planning Commission of the City of Newport Beach does hereby recommend that the City Council approve Tentative Parcel Map NP2010 -006 subject to the conditions set forth in Exhibit "B." (o( O�, Planning Commission Resolution No. _ Newport Business Plaza (PA2008 -164) Pape 9 of 19 PASSED, APPROVED AND ADOPTED THIS Sth DAY OF AUGUST, 2010. AYES: NOES: ABSTAIN: ABSENT: BY: Earl McDaniel, Chairman ffim Michael Toerge, Secretary f i ?, IQJ �� Planning Commission Resolution No. _ Newport Business Plaza (PA2008 -164) Pape 10 of 20 EXHIBIT "A" Mitigation and Monitoring Reporting Program No. I Mitigation Measure Time Frame for 1. Responsible Verification of Com liance Implementation& ' Monitoring Initials Date Remarks A -1 The site shall not be excessively illuminated Prior to project City of based on the luminance recommendations of the operation Newport Illuminating Engineering Society of North Beach America, or, if in the opinion of the Planning Planning Director, the illumination creates an Department unacceptable negative impact on surrounding land uses or environmental resources. The Planning Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. A -2 Prior to the issuance of building permits, the Prior to issuance of City of applicant shall prepare a final lighting plan for building permits Newport approval by the Planning Department that Beach demonstrates spill light trespass and glare are Planning below or at luminance levels pursuant to Department recommendations of the Illuminating En inee ing Society of North America. A -3 Exterior on -site lighting shall be shielded and Prior to site plan City of confined within site boundaries. No direct rays approval Newport or glare are permitted to shine onto public streets Beach or adjacent sites or create a public nuisance. Planning "Walpak" type fixtures are not permitted. Department Parking area lighting shall have zero cut -off fixtures and light standards shall not exceed 20 feet in heieht. BIO -I The removal of ornamental trees on site shall not be scheduled during the avian nesting season (approximately February 1-August 31) to ensure project conformance with the Migratory Bird Treaty Act. If clearing and grubbing are proposed to occur between February I and August 31, a preconstruction survey for nesting birds shall be conducted by a qualified biologist no more than 7 days prior to the start of construction. If nesting birds occur within the disturbance area, a buffer around the nest shall be determined by a qualified biologist. All construction activities shall occur outside the buffer area until a qualified biologist has determined that the nest construction Project construction contractor Planning Commission Resolution Newport Business Plaza (PA2C No. _ )8 -164) 1 of 20 No. Mitigation' Measure - Time Frime for Responsible Verification of Compliance Implementation& Monitoring Initials' 'Date Remarks MonitoringA enc is complete and that no new nesting activity has occurred within the buffer area. Cultural Resources CR -1 The project plans shall specify that a qualified During construction Project archaeologist be contacted in the unlikely event construction that prehistoric archaeological resources are contractor discovered in the project area during ground - disturbing activities. Work shall stop in the area of the find and within 50 feet of the find until a qualified archaeologist can assess the significance of the find and, if necessary, develop appropriate treatment measures. Treatment measures typically include development of avoidance strategies, capping with fill material, or mitigation of impacts through data recovery programs such as excavation or detailed documentation. Prehistoric Archeological monitoring of the project site shall not be required, unless it is determined by the qualified archeologist who prepares the treatment measures for the find that monitoring is required based on the sediments being excavated and the si ificance of the find. CR- 2 Project plans shall specify that that a qualified During construction Project paleontologist shall be contacted in the event that construction potential paleontological resources are contractor discovered. During construction, the contractor shall halt site excavation or preparation if suspected fossilized remains are unearthed. Construction shall cease on site and shall not be resumed until a qualified paleontologist is contacted to assess the resources and identify appropriate treatment measures, if applicable. Treatment measures may include salvaging fossils and samples of sediments as they are unearthed to avoid construction delays and/or temporarily halting or diverting equipment to allow removal of abundant or large specimens. Recovered specimens shall be prepared to a point of identification and permanent preservation, including washing of sediments to recover small invertebrates and vertebrates. Specimens shall be curated into a professional, accredited museum repository with permanent retrievable storage. A report of findings, with an appended itemized inventory of specimens, shall be prepared and shall signify completion of the program to mitigate impacts on paleontological resources. ID�J C� Planning Commission Resolution No. _ Newport Business Plaza (PA2008 -164) Page 12 of 20 No. Mitigation Measure " Time Frame for Responsible Verification of Compliance Implementation& JA2enev Monitoring iInitials Date Remarks Monitoring GEO -1 During the preparation of the grading plans and prior to issuance of grading permits, the grading plans shall stipulate that all grading and earthwork shall be performed in accordance with the Grading Ordinances of the City of Newport Beach and the applicable portion of the General Earthwork Specification in Appendix B of the geotechnical report prepared for the project. During construction, grading of the site by the contractor shall adhere to grading plans approved by the City. The implementation of these measures shall be verified during field GEO -2 During the preparation of grading plans and prior to issuance of grading permits, the grading plans shall stipulate that all fill shall consist of non- expansive materials, moisture - conditioned to near optimum if cohesionless and to 130% of optimum if cohesive or clayey. The characteristics of the fill soil shall be evaluated by the geotechnical consultant prior to placement, and confirmed to meet grading plan Prior to issuance of I City of grading permits Newport Beach Building Department Prior to issuance of I City of grading permits Newport Beach Building Department During construction, to minimize the potential During construction City of for soil movement, the upper 24 inches of soil Newport within the building slab areas (garage slab, and Newport Beach ramp) shall be replaced with 2 feet of crushed Newport Building GEO-4 Prior to construction of the parking area, a Prior to issuance of City of geotechnical engineer shall inspect the bottom of grading permits Newport above the proposed excavation during the site excavation to verify that no additional Newport Beach excavation is required to minimize impacts on Building the structural integrity of the buildings associated Department GEO -5 During construction, if groundwater rises near or During construction City of above the proposed excavation during grading permits Newport construction, underwater construction and a Beach dewatering system shall be incorporated to Building minimize impacts to the structural integrity of Department the buildings. HM -1 Prior to demolition of the office buildings on Prior to issuance of City of site, an asbestos- containing materials and lead- grading permits Newport based paint assessment shall be performed by a Beach Public qualified environmental professional and Works conducted in accordance with all federal, state, Department and local requirements, including those established by National Emissions Standards for Planning Commission Resolution No. _ Newport Business Plaza (PA2008 -164) Paae 13 of 20 No: Mitigation Measure Time Frame for Responsible Verification of Com fiance Implementation& Monitoring Initials `Date 'Remarks Monitorin A enc Hazardous Air Pollutants guidelines and the Occupational Safety and Health Administration (OSHA). A report shall be furnished to the Building Department by said qualified environmental professional and shall outline the occurrence of hazardous materials on the project site. ■ If asbestos - containing materials are discovered during site investigations, all potentially friable asbestos- containing materials shall be removed in accordance with federal, state, and local laws and the National Emissions Standards for Hazardous Air Pollutants guidelines prior to building demolition or renovation that may disturb the materials. All demolition activities shall be undertaken in accordance with California Occupational Safety and Health Administration (Cal/OSHA) standards, contained in Title 8 of the California Code of Regulations (CCR), Section 1529, to protect workers from exposure to asbestos. Materials containing more than I% asbestos are also subject to SCAQMD regulations. Demolition and the transport and disposal shall be performed in conformance with these federal, state, and local laws and regulations shall avoid significant exposure of construction workers and/or the public to asbestos- containing materials. ■ If lead -based paint is discovered during on- site investigations, all building materials containing lead -based paint shall be removed in accordance with Cal/OSHA lead in construction standard, Title 8, CCR 1532. 1, including employee training, employee air monitoring, and dust control. Any debris or soil containing lead -based paint or coatings shall be disposed of at landfills that meet acceptance criteria for the waste being disposed of. Demolition and the transport and disposal shall be performed in conformance with these federal, state, and local laws and regulations shall avoid significant exposure of construction workers and/or the public to lead -based paint. HM -2 Prior to site plan approval, the City of Newport Prior to site plan City of Beach shall file a notice of Proposed approval Newport Construction or Alteration with FAA (FAA Beach Form 7460 -1) in accordance with Federal Pl Aviation Regulation (FAR) Part 77. Following pnnthg De artrnent Planning Commission Resolution No. _ Newport Business Plaza (PA2008 -164) Paae 14 of 20 No. Mitigation Measure 7Time- Frame ' for Responsible Verification of Com liance ementation& Monitoring Initials Date Remarks torin A enc FAA's aeronautical study of the project site, the proposed project shall comply with conditions of approval imposed or recommended by FAA. Subsequent to these findings, the City shall refer the proposed project to the Orange County Airport Land Use Commission for consistency analysis. The Director of Planning, or designee, shall verify that the City has received a Determination of No Hazard to Air Navigation prior to the issuance of building permits for the N -1 All noise - producing project equipment and During final des; vehicles using internal combustion engines shall and prior to plan be equipped with mufflers, air -inlet silencers check approval where appropriate, and any other shrouds, shields, or other noise - reducing features in good operating condition that meet or exceed original factory specification. Mobile or fixed "package" equipment (e.g., arc welders, air compressors) shall be equipped with shrouds and noise control features that are readily available for that type of equipment. City of Newport Beach Code Enforcement City of Newport Beach Building Department All mobile and fixed noise - producing equipment During grading, site City of used on the proposed project that is regulated for preparation, and Newport noise output by a local, state, or federal agency construction Beach Code shall comply with such regulation while in the Newport Enforcement course of project activity. combustion - powered equipment, where feasible. check approval City of Newport Beach Enforcement Building N -3 Electrically powered equipment shall be used During final design City of instead of pneumatic or internal and prior to plan Newport combustion - powered equipment, where feasible. check approval Beach Code Enforcement During grading, site preparation, and City of construction Newport Beach Building De artrnent N -4 Mobile noise - generating equipment and During, grading, site City of machinery shall be shut off when not in use. preparation, and Newport construction Beach Code Enforcement City of Planning Commission Resolution No. _ Newport Business Plaza (PA2008 -164) Page 15 of 20 No. Mitigation Measure Time Frame for Responsible Verification of Compliance <' Implementation& Monitoring Initials Date Remarks Monitoring Agency Beach Building Department N -5 Material stockpiles and mobile equipment During, grading, site City of staging, parking, and maintenance areas shall be preparation, and Newport located as far as practical from noise - sensitive construction Beach Code receptors. Enforcement City of Newport Beach Building De artment N -6 Construction site and access road speed limits During, grading, site City of shall be established and enforced during the preparation, and Newport construction period. construction Beach Code Enforcement City of Newport Beach Building Department N -7 The use of noise - producing signals, including During construction City of horns, whistles, alarms, and bells, shall be for Newport safety warning purposes only. Beach Code Enforcement City of Newport Beach Building Department N -8 No project - related public address or music During, grading, site City of system shall be audible at any adjacent receptor. preparation, and Newport construction Beach Code Enforcement City of Newport Beach Building Department N -9 The on -site construction supervisor shall have During final design City of the responsibility and authority to receive and and prior to plan Newport resolve noise complaints. A clear appeal process check approval Beach Code to the project proponent shall be established Enforcement prior to construction commencement that shall During grading, site allow for resolution of noise problems that preparation, and City of cannot be immediately solved by the site construction Newport supervisor. Beach Building ei 3,> Planning Commission Resolution No. _ Newport Business Plaza (PA2008 -164) Page 16 of 20 No. Mitigation Measure r Time Frame for Implementation& Mouitorin Responsible Monitoring A enc Verification of Compliance Initials -Date 1 Remarks De artment �A Planning Commission Resolution No. _ Newport Business Plaza (PA2008 -164) Page 17 of 20 EXHIBIT "B" CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP NO. NP2010 -006 1. A parcel map shall be recorded with the Orange County Clerk- Recorder Department. The Map shall be prepared on the California ccordinate system (NAD83). Prior to recordation of the Map, the surveyor /engineer preparing the Map shall submit to the County Surveyor and the City of Newport Beach a digital - graphic file of said map in a manner described in Section 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. The map to be submitted to the City of Newport Beach shall comply with the City's CADD Standards. Scanned images will not be accepted. 2. Prior to recordation of the parcel map, the surveyor /engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Sections 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be set on each lot corner, unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of construction project. 3. All improvements shall be constructed as required by City Ordinance and the Public Works Department, and shall comply with all Building, Public Works and Fire Codes. 4. No permanent structures may be built within the limits of any easement within the property, unless otherwise approved by the Public Works Department. 5. All work conducted within the public right -of -way shall be approved under an encroachment permit issued by the Public Works Department. 6. All applicable Public Works Department plan check fees, improvement bonds and inspection fees shall be paid prior to processing of the map by the Public Works Department. 7. County Sanitation District fees shall be paid prior to issuance of any building permits, if required by the Public Works Department or the Building Department. 8. Prior to recordation of the Parcel Map, fair share fees shall be paid in accordance with City Ordinance 94 -19 of the Newport Beach Municipal Code. 9. Additional Public Works improvements, including street and alley reconstruction, work may be required at the discretion of the Public Works Inspector. �I Planning Commission Resolution No. _ Newport Business Plaza (PA2008 -164) Paae 18 of 20 10. If any of the existing public improvements surrounding the site is damaged by the private work, public works improvements including, but not limited to, curb and gutter, sidewalk, and alley /street reconstruction may be required at the discretion of the Public Works Inspector. 11. An encroachment agreement shall be applied for and approved by the Public Works Department for all non - standard improvements within the public right -of -way and /or extensions of private, non - standard improvements into the public right -of -way fronting the development site. 12. The applicant shall remove and reconstruct the existing concrete driveway and approach on Jamboree Road per City Standards. 13. The applicant shall remove and replace the existing disabled access ramp at Jamboree Road and Campus Drive to meet current City Standards. 14. The applicant shall install raised truncated domes in the channelizing median /island on the southwest corner of Campus Drive and Jamboree Road to meet current ADA standards. 15. The applicant shall remove and replace any damaged curb, gutter and sidewalk along the Jamboree Road and Campus Drive frontages. Limits of said replacement shall be determined by the City Public Works Inspector. 16. Arrangements shall be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements if it is desired to record a parcel map or obtain a building permit prior to completion of the public improvements. 17. Overhead utilities serving the site shall be undergrounded to the nearest appropriate pole in accordance with Section 19.28.090 of the Municipal Code unless it is determined by the City Engineer that such undergrounding is unreasonable or impractical. 18. Each commercial unit shall be connected to its individual water meter and sewer lateral and cleanout located within the public right -of -way. If installed at a location that will be subjected to vehicle traffic, each water meter and sewer cleanout shall be installed with a traffic -grade box/frame and cover. 19. Each commercial unit shall be served with an individual water service and sewer lateral connection to the public water and sewer systems, unless otherwise approved by the Public Works Department and the Building Department. 20. Each commercial unit shall be served with individual gas and electrical service connection and shall maintain separate meters for the utilities. Planning Commission Resolution No. _ Newport Business Plaza PA2008 -164 Page 19 of 20 existing street trees shall be protected in place during construction of the subject project, unless otherwise approved by the General Services Department and the Public Works Department through an encroachment permit or agreement. 22. All improvements shall comply with the City's sight distance requirement. See City Standard 110 -L. 23. All on -site drainage shall comply with the latest City Water Quality requirements. 24. All existing drainage facilities in the public right -of -way shall be retrofitted to comply with the City's on -site non -storm runoff retention requirements. The Public Works Inspector shall field verify compliance with this requirement prior to recordation of the parcel map. 25. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. 26. In compliance with the requirements of Chapter 9.04, Section 901.4.4, of the Newport Beach Municipal Code, approved street numbers or addresses shall be placed on all new and existing buildings in such a location that is plainly visible and legible from the street or road fronting the subject property. Said numbers shall be of non - combustible materials, shall contrast with the background, and shall be either internally or externally illuminated to be visible at night. Numbers shall be no less than four inches in height with a one -inch wide stroke. The Planning Department Plan Check designee shall verify the installation of the approved street number or addresses during the plan check process for the new or remodeled structure. 27. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the Newport Business Plaza including, but not limited to, the General Plan Amendment No. GP2008 -007, Planned Community Development Plan Amendment No. PD2009 -001, and Tentative Parcel Map No. NP2010 -006. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and /or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand 33 '� Planning Commission Resolution No. _ Newport Business Plaza (PA2008 -164) Page 20 of 20 any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. 28. This Parcel Map shall expire if the map has not been recorded within three years of the date of approval, unless an extension is granted by the Planning Director in accordance with the provisions of Section 19.16 of the Newport Beach Municipal Code. Mitigation Measures 29. The applicant shall comply with all mitigation measures and standard conditions contained within the approved Mitigation Monitoring and Reporting "Program of the adopted Mitigated Negative Declaration (Exhibit "A ") for the project. 75 Attachment No. PC 2 Project Plans Document available at the City's Planning Commission Agenda page located in the August 5, 2010 Agenda folder located at: hftp://www.newportbeachca.gov/index.aspx?page=1325 7 7 L/� Attachment No. PC 3 Draft Mitigated Negative Declaration Document available at the City's Environmental Document Download page located at: http://www.newportbeachca.gov/index.aspx?paqe=1347 -q Z Attachment No. PC 4 General Plan Land Use Element Text Changes �, � � /E/ Table Anomaly Number StdtistiCal Area Land Use 'Dasi nation Development `Limit Develo merit Limit Other -. Additional Information , 1 L4 MU -H2 460,095 471 Hotel Roams (not included in total square footage) 2 L4 MU -H2 1,060,146 3 L4 CO -G 734,641 4 L4 MU -H2 250,176 5 L4 MU -H2 32,500 6 L4 MU -1-12 34,5004y 7 L4 MU -H2 81,372 8 L4 MU -H2 442,775 9 L4 CG 120,000 164 Hotel Rooms (included in total square footage) 10 L4 MU -112 31,362 349 Hotel Rooms (not included in total square footage) 11 L4 CG 11,950 12 L4 MU -H2 457,880 13 L4 CO-G 288,264 14 L4 CO- G /MU -H2 860,884 15 1-4 MU -112 228,214 16 L4 CO -G 344,231 17 L4 MU -1-12 33,292 304 Hotel Rooms (not included in total square footage) 18 L4 CG 225,280 19 L4 CG 228,530 21 J6 CO -G 687,000 Office: 660,000 sf Retail: 27,000 sf CV 300 Hotel Rooms 22 J6 CO -G 70,000 Restaurant: 8000 sf, or Office: 70,000 sf 23 K2 PR 15,000 24 L3 IG 89,624 25 L3 PI 84,585 26 L3 IG 33,940 27 L3 IG 86,000 28 L3 IG 110,600 29 L3 CG 47,500 30 M6 CG 54,000 31 L2 PR 75,000 32 L2 PI 34,000 Table Anomaly' Number SfgfistiCal Area . land Use Designation . 'Development - Limn (so Development Limit Other Additional Information - 33 M3 PI 163,680 Administrative Office and Support Facilitates: 30,000 sf Community Mausoleum and Garden Crypts: 121,680 sf Family Mausoleums: 12,000 sf 34 L1 CO-R 484,348 35 L1 CO -R 199,095 36 L1 CO -R 227,797 37 L1 CO -R 131,201 2,050 Theater Seats (not included in total square footage) 38 L1 CO -M 443,627 39 L1 MU -H3 408,084 40 L1 MU -1-13 1,426,634 425 Hotel Rooms (included in total Square Footage) 41 L1 CO -R 327,671 42 L1 CO -R 286,166 43 Lt Cv 611 Hotel Rooms 44 L1 CR 1,619,525 1,700 Theater Seats (not included in total square footage) 45 L1 CO -G 162,364 46 L1 MU -H3 /PR 3,725 24 Tennis Courts Residential permitted in accordance with MU -H3. 47 L1 CG 105,000 48 L1 MU -H3 337,261 49 L1 PI 45,208 50 L1 CG 25,000 51 K1 PR 20,000 52 K1 Cv 479 Hotel Rooms 53 K1 PR 567,500 See Settlement Agreement 54 11 CM 2,000 55 H3 PI 119,440 56 A3 PI 1,343,238 990,349 sf Upper Campus 577 ggg sf Lower Campus In no event shall the total combined gross floor area of both campuses exceed the development limit of 1,343,238 so. ft. 57 Intentionally Blank 58 J5 PR 20,000 59 H4 MU -W1 487,402 157 Hotel Rooms and 144 Dwelling Units (included in total square footage) 60 N Cv 2,660,000 2,150 Hotel Rooms (included in total square footage) Table Anomaly ..Number, LU2 Anomaly Locations Statistical -Land Use Area Designation, < Development Limit (so Development Limit Other Additional Information 61 N CV 125,000 62 L2 CG 2,300 63 G1 CN 66,000 64 M3 CN 74,000 65 M5 CN 80,000 66 J2 CN 138,500 67 D2 PI 20,000 68 L3 PI 71,150 69 K2 CN 75,000 70 02 RM -D Parking Structure for Bay Island (No Residential Units) 71 L1 CO -G 11,630 72 L1 CO -G 8,000 73 A3 COW 350,000 74 L1 PR 35,000 75 1-1 PF City Hall, and the administrative offices of the City of Newport Beach, and related parking, pursuant to Section 425 of the City Charter. v ,, �, x �; . Attachment No. PC 5 Planned Community Text Changes PART II Section I. Group I COMMERCIAL Site Area and Building Area PROFESSIONAL & BUSINESS OFFICES Acreages shown are net buildable land area including landscape setbacks with property lines. (4) Q Site A Site B Site C Site D Site E Site F Site G In Site A Site B Site C Site D Site E Site F Site G Building Sites (4) Total Acreaee 30.939 acres * (29) 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 Office Acreaee 30.939 acres *(29) 43.703 acres (11) 18.806 acres (10) 19.673 acres 2.371 acres 1.765 acres 5.317 acres (8) 122.574 acre s(8)(10)(11) 366,147 square feet (16)(26)(29)(30) 967,803 square feet (13)(16)(28)(30) 674,800 square feet (10)(15) 240,149 square feet (8)(13) 32,500 square feet (4) 24,300 square f et+ 44 42,646 square feet (4) (31) 45,000 square feet (8) 2,350,699 square feet (15)( *) *(3)(4) In addition to 19.399 acres of office use, there is 9.54 acres for hotel and motel and 2.0 acres of lake within Office Site A. Therefore, there are 30.939 acres net within Office Site A. (3)(4)(16) C. Statistical Analysis (4) The following statistics 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. b. One (1) space per 300 square feet of net building area @ 120 cars per acre for Sites A, B and C. (11) 6. Site F (4) Allowable Building Area ..24,300 sqiiare f � 42,646 square feet Site Area ......... 1.765 acres a. Building Height Land Coverage One story development ............... 0360.98 acres Two story development ............... 0-.2-80.49 acres Three story development ............... 0-.4-90.33 acres Four story development ............... 0440.24 acres Five story development 0.20 acres Six story development 0.16 acres b. Parking -108-190 cars Land Coverage ......... 0-.WL58 acres C. Landscaped Open Space Land Coverage One story development ............... 030 <0.80> acres Two story development ............... 0.38 <0.31> acres Three story development ............... 0:6-7<0.15> acres Four story development ............... 0.-7-2<0.06> acres Five story development <0.02> acres Six story development <0.03> acres 2° 52 Attachment No. PC 6 Comment Letters CCWA California Cultural Resource Preservation Alliance, inc. P.O. Box 54132 An alliance of American Indian and scientific communities worldng for Irvine, CA 92619 -4132 the preservation of archaeological sites and other cultural resources. May 23, 2010 Ms. Janet Johnson Brown Associate Planner, Planning Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Dear Ms. Brown: Thank you for the opportunity to review the Draft Initial Study and Mitigated Negative Declaration Newport Business Plaza. We agree that the proposed project will not affect a historic resource and that significant impacts to archaeological resources are unlikely. However, the project area was not inspected for the presence of archaeological remains when it was developed therefore; it is possible that buried archaeological resources are present and could be impacted by the proposed excavation of approximately 3,000 cubic yards of soil. Given the proximity of two archaeological sites and the large amount of soil to be removed, there is a possibility that buried prehistoric archaeological resources could be encountered. Mitigation Measure CR- 1 is proposed as the means to reduce impacts to less than significant. It is our contention that this mitigation measure is inadequate and would not prevent construction impacts because it is dependent upon unqualified construction personnel to identify buried prehistoric archaeological resources. A qualified archaeologist is needed to identify archaeological materials and evaluate them using the California Register of Historic Properties criteria. Therefore, we strongly recommend that an archaeologist be present to monitor excavation that exceeds the depth of previous ground disturbance. If you have any questions, please call me at (949) 559 -6490, or email pmartz @calstatela.edu. Sincerely, A-,l,lG?� Patricia Martz, Ph.D. President 'aCVVW B'Y DVOTIAS MAY JA CITY OF 14BV C R'T 8EAC1� Southern California Gas Company D A Sempra Energy utiiity" May 27, 2010 City of Newport Beach 3300 Newport Blvd Newport Beach, CA 92658 Attention: Janet Johnson gL P+_.��cE�D $Y 1 "' �D�PAR �uN o a 200 CY17, oV -g vo OR,V 1919 S. State College Blvd. Anaheim, CA 92806-6114 Subject: Mitigated Negative Declaration for Newport Business Plaza Project. PA2008 -164 This letter is not to be interpreted as a contractual commitment to serve the proposed project but only as an information service. Its intent is to notify you that the Southern California Gas Company has facilities in the area where the above named project is proposed. Gas facilities within the service area of the project could be altered or abandoned as necessary without any significant impact on the environment. Information regarding construction particulars and any costs associated with initiating service may be obtained by contacting the Planning Associate for your area, Dave Baldwin, (714)634 -3267. Technical Supervisor Orange Coast Region - Anaheim Ps /mr mitnegde.doc � "f STATE OF CALIFORNyq_BUSINESS TRANSPORTATION AND H LUSING AGENCY AR OLD SCHWAR lENEt'GE G r DEPARTMENT OF TRANSPORTATION District 12 3337 Michelson Drive, Suite 380 Irvine, CA 92612-8894 s Tel: (949) 724 -2267 RECEIVED BY Fax: (949) 724 -2592 Flexyourpowerl PLANNING DEPARTMENT Be energy efcienti June 7, 2010 JUN 142D10 Janet Johnson Brown CITY OF NEWPORT BEACH City of Newport Beach File: IGR SCH #: None 3300 Newport Boulevard Log #: 2535 Newport Beach, CA 92658 SR -73, SR -55, and I -405 Subject: Newport Business Plaza Dear Ms.Brown, Thank you for the opportunity to review and comment on the Mitigated Negative Declaration for the Newport Business Plaza project. The project involves a General Plan Amendment and an amendment to the Koll Center Newport Planned Community text for two existing parcels and the re- development of the parcels with a new 1 -story bank, two 3 -story office buildings, and a 2 -level parking garage. The nearest State route to the project site is SR -73, SR -55, and I -405. The California Department of Transportation (Department), District 12 is a commenting agency on this Project and we have no comment at this time. However, in the event of any activity within the Department's right -of -way, an encroachment permit will be required. Please continue to keep us informed of this project and any future developments, which could potentially impact State transportation facilities. If you have any questions or need to contact us, please do not hesitate to call Damon Davis at (949) 440 -3487. Sincerely,` ' C�J;��c_gc tt G S erre, Branch Chief Local Development/Intergovernmental Review C: Terry Roberts, Office of Planning and Research "Caltrans improves mobility across California" June 7, 2010 AIRPORT LAND USE COMMISSION FOR ORANGE COUNTY 3160 Airway Avenue • Costa Mesa, California 92626 - 949.252.5170 fax: 949.252.6012 Janet Johnson Brown, Associate Planner City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 RECEIVED BY PLANNING DEPARTMENT JUN 10 2410 CITY OF NEWPORT BEACH Subject: NOI to Adopt MND for Newport Business Plaza Project Dear Ms. Brown: Thank you for the opportunity to review the Initial Study for the proposed Newport Business Plaza Project in the context of the Airport Land Use Commission's Airport Environs Land Use Plan for John Wayne Airport (JWA AELUP). The proposed project includes the development of a 1 -story bank, two 3 -story office buildings, and a 2 -level parking structure located at 4699 Jamboree Road and 5190 Campus Drive. We wish to offer the following comments and respectfully request consideration of these comments as you proceed with preparation of your Mitigated Negative Declaration (MND). As discussed in the initial study, the proposed project is located within the Federal Aviation Regulation (FAR) Part 77 Notification Area for JWA. The proposed project penetrates the Notification Surface for JWA and the MND includes Mitigation Measure HM -2 which states that the -City of Newport Beach will require the filing of FAA Form 7460 -1 with the FAA Regional Office and that the City shall refer the proposed project to the ALUC for consistency analysis. We appreciate the inclusion of this mitigation measure and also recommend that the MND include a discussion the proposed project's location within the FAR Part 77 Obstruction Imaginary; Surfaces for JWA. With respect to noise, the initial study states that the proposed project is located outside 65 dBA CNEL noise contour for JWA. However, the initial study should also discuss whether the project falls within the 60 dBA CNEL noise contour for JWA. Per the AELUP for JWA, noise impact within the 60 dBA CNEL noise contour is sufficient to require sound attenuation as set forth in the California Noise Insulation Standards, Title 25, California Code of Regulations. The MND should include evidence that the proposed structure will be sufficiently sound attenuated to allow normal work activities to be conducted. q� In addition, the MND should also discuss if the development of heliports will be part of the proposed project. Should the development of heliports occur within your jurisdiction, proposals to develop new heliports must be submitted through the City to the ALUC for review and action pursuant to Public Utilities Code Section 21661.5. Proposed heliport Projects must comply fully with the State permit procedure provided by law and with all conditions of approval imposed or recommended by FAA, by the ALUC for Orange County and by Caltrans/Division of Aeronautics. A referral by the City to the ALUC may be required for this project due to the location of the proposal within an AELUP Planning Area and due to the nature of the required City approvals (i.e. General Plan Amendment) under PUC Section 21676(b). In this regard, please note that the Commission suggests such referrals to be submitted and agendized by the ALUC staff between the Local Agency's expected Planning Commission and City Council hearings. Since the ALUC meets on the third Thursday afternoon of each month, submittals must be received in the ALUC office by the first of the month to ensure sufficient time for review, analysis, and agendizing. Thank you for the opportunity to comment on this initial study. Please contact Lea Umnas at (949) 252 -5123 or via email at lumnas(a ocair com if you need any additional details or information regarding the future referral of your project. Sincerely, � i4� P• Fv�on- Kari A. Rigoni Executive Officer sk. *-ft- TES � ER q VFN11111111K JAMBOREE ROAD WPI- NEWPORT, LLC a California limited liability company LU D la EXISTING COMMERCIAL/ RETAIL T EXISTING HIGH DENSITY JC-IRVINE RESIDENTIAL Newport Business Plaza Newport Beach, CA eaa Cover Sheet scheme: 4 nist2am 24 TABLE OF CONTENTS: NEWPORT BUSINESS PLAZA: 1.1 COVER SHEET, PROJECT DATA, TABLE OF CONTENTS OWNER /CONTACT WPI- NEWPORT, LLC D.1 DEMOLITION SITE PLAN JOHN YOUNG /ANDREW SUN 4699 JAMBOREE ROAD APPROVED FIRE MASTER PLAN NEWPORT BEACH, CA 92660 FIRE UNDERGROUND FIRE PROTECTION PLAN D. 949- M-8550 2.1 PROPOSED SITE PLAN ARCHITECT CIVIL ENGINEER WARE MALCOMB 2.2 PROPOSED PODIUM PLAN (OVERALL PLAN) 10 EDELMAN 2.3 PROPOSED 2ND FLOOR PLAN IRVINE, CA 92618 2.4 PROPOSED 3RD FLOOR PLAN p. 949860 -9128 2.5 PROPOSED 4TH FLOOR PLAN PROJECT DATA: 3.1 PROPOSED ROOF PLAN 4.1 JAMBOREE ROAD ELEVATION APN 445- 151 -DB 8445 -151 -09 4.2 CAMPUS DRIVE ELEVATION 4.3 SOUTH -WEST ELEVATION FACING NEWPORT ADDRESS 4699 JAMBOREE ROAD, COURTHOUSE 5190 CAMPUS DRIVE 4.4 NORTH -WEST ELEVATION FACING ADJACENT NEWPORT BEACH, CA OFFICES 92660 5.1 SITE CROSS SECTIONS 5.2 SITE CROSS SECTIONS ZONE PC-15 (ROLL CENTER) E1.1 GRADE LEVEL PARKING STRUCTURE PHOTOMETRIC SITE AREA (GROSS) 1.765 AC E1.2 GRADE LEVEL PARING STRUCTURE EGRESS PLAN E1.3 1ST LEVEL PARKING STRUCTURE PHOTOMETRIC PROPOSED BUILDING HEIGHT 62' -0^ ABOVE ORIGINAL GRADE C-1.0 CONCEPTUAL GRADING PLAN FAR .61 C -2.0 CONCEPT BMP SITE MAP LANDSCAPE AREA: 24,769 SF (26 %) C -3.0 CONCEPT UTILITY PLAN BUILDING COVERAGE 68% 13 LANDSCAPE PLAN PROJECT DESCRIPTION: AREA TAKEOFFS PROPOSAL TO DEMOLISH AN EXISTING 1-STORY BANK/OFFICE BUILDING, INCLUDING ALL SITEWORK, PAVEMENT, AND BASEMENT LEVELS. NEW CONSTRUCTION WILL BE TWO NEW 3-STORY OFFICE BUILDINGS AND A 1 -STORY BANK ABOVE A NEW 1 -LEVEL ABOVE GRADE PARKING STRUCTURE. PARKING Bw,ami PioB Am.Bdm.m G—.1 Boeomo.re Ir awo..ea e.m AP II wmm�ow omn arose ON SITE WILL FULLY SUPPORT ALL USERS ON SITE. BWM A UW8 °M N,i@ BUIUMB t]b15 YB 1S,3S SQUARE FOOTAGE SUMMARY: DEMOLISHED BUILDING 10,800 SF GROSS 10,273 SF NET "" °'°°' Tww 41,11. I nd at,Bu PI.o.od Comm - r.w menan,.m ewes F.n mo, Beiwn.n.auo .m',o sF PROPOSED BUILDING 46,044 SF GROSS 42,646 SF NET Solo A N.ns .,d°d M,2a PARKING ANALYSIS: PARKING REQUIRED: OFFICE -A 23,242 NSF @ 11225 =103 SPACES OFFICE -B 15,970 NSF Q 1/225= 71 SPACES BANK 3.434 NSF Q 11225 = 16 SPACES BWw B tar ^' " "'° Bw" 3,817 a W 3.4U r I .smr am+ n.m° BmnaP TOTAL REQUIRED 190 SPACES PARKING PROVIDED: 214 SPACES ewe a n.ea"as B— d3 TOf01 "'38 NOTE: THIS CONCEPTUAL DESIGN FLAN IS BASED UPON A PRELIMINARY REVIEW OF ENTIREMENr REQUIREMENTS AND OR UNVERIFIED AND POSSIBLY INCOMPLETE SITE INFORMATION, AND IS INTENDED MERELY TO ASSIST IN EXPLORING HOW THE SITE MIGHT BE DEVELOPED. 0 20' 80' 10' 40' scale: 1" = 20' -0" north 1.1 IRV07- 0075 -01 03 -15 -2010 VICINITY MAP an WARE MALCOMB Leading Design for Commercial Real Estate integrated service I waremalcomb.com across north amedca EXISTING OFFICE EXISTING OFFICE IIy I f?;1 ems_ ,iyY _ __-`_---. `(� I " �---------------------------------- ' /�; dy '— •_.E�� f W - I'' .. •� }7 ESS} \(\ \\awl XISnNC Il ro R.O. -I EMEND LOT p A L5 ��'s+ _- ` ! `O C\ `CXIS ¶N6 TRANVORMW ENCOWRE TO ' � � DEMWSHEO BE C — LO U C RE D TEU�'— - - -T', \ \ BE D.G .StD 2x ER ro RExax \ \ I— BE DE L PARI(IHG ENPtNiCE/E%IL 10 \ \ BE pFNW$xEp \I n C IIIIII DISIWG L'ASEYwt 10 BC \1�ABANWNfD AS PART OF FlNAL 1 1 \ \ ' �' l �Y SI 1 EXISTING MEANDERING SICEWAfI( 10 i. ,? ,, ^- \ ENISTNC WWDNC OVERHANG i0 BE -` \� \ l_ -- _ O 1=- DENIXISHm mil ,cJ - AND\NG PANNG SnAPINO Wft8 p DADA ANp \GBLTER 1p DE pP{W4 {Ep� f;a_ii; 1°n i i ,\ \ i .DADA c___ R_________ STAR% IP. T HE TODIDrE. RAxrs; ;� EXISTING OFFICE (TO BE DEMOLISHED) I ;•,, �I saRS. ET(;. YO RE DEUpusxED j .DADA x10,800 S.F. II _4 ___DACE__ „ ?;c� F.F. ELEV.:7 (n 1`Exlsnxc PARKING. T AwACENr'• -=�� 57.21 CWft1HW5E PFDPEtt yB lT $ d -- X - - - -- -° EAISONO EXTERIOR STAIRS i0 BE I I pi;i I4if,7° I _________ ` r " EXI611HG LoT uxE TO BE AwpsTm� ± ' \ DADA ) ______� n - C Y d �I I ; I it X \\ `i \I EXISTING BANK (f0 BE DEMOLISHED) sPNG TNA$x ENCwsUNC ,L_...___\!?_ 110.200 S.F. CM CAL BEAR TO pE DENWS{En`-"" \ \ I! F.F. ELEV. AW9{Ep UNMi yGNACE ipff� ] \ \I E P�� STING 51E INIALSS/EGGE55 \ I\ E IXISPNG BANK DRIVE -UP TELLER ANp 55.50 BC ROCATED 71 ^' �) OWNS EASEMENTEM W 9IED %, f/ ( ¶ r , w o -� 17 7 pj DOSDNC ROMMNG WALL r0 BEJ RENOVCD � 1 JAMBOREE ROAD WPI- NEWPORT, LLC a California limited liability company Newport Business Plaza Newport Beach, CA Demolition Site Plan scheme 4 D.1 IRV07- 0075 -01 03 -15 -10 NOTE: ALL SITE WORK, CURB, GUTTER, PAVEMENT, BUILDINGS, BASEMENTS, LIGHT POLES. MECHANICAL ENCLOSURES, LANDSCAPING, ETC. TO BE DEMOLISHED. NOTE: THIS CONCEPTUAL DESIGN PLAN IS BASED UPON A PRELIMINARY REVIEW OF ENTITLEMENT REQUIREMENTS AND ON UNVERIFIED AND POSSIBLY INCOMPLETE SITE INFORMATION, AND IS INTENDED MERELY TO ASSIST IN EXPLORING HOW THE SITE MIGHT BE DEVELOPED. 0 20' 80' O 101 410' scale: 1" = 20' -0" north WARE MALCO:M F Leading Design for Commercial Real Estate integra[edseEVice waremalcomb.com across north america EXISTING- COURTHOUSE NOT A PART srsrw�wrrrrrr�rrrr ■�- rrrrrrrrrrr ■ ■rr■ri i ■ • ■ ■ EXISTING ■ OFFICE BUILDING NOT A PART ■ ■ / r-■ �rs6lryrrAq *Rr- wxerrr ■ ■rrr ■■rru, nurrsr�►r` il4` • ■ • r R ■ ■ ■ EXISTING OFFICE BUILDING NOT A PART r ■ r r r ■ i JAMBOREE ROAD ( EXISTING ACCESS) GRAPHIC SCALE SCALE: 1' = 26' i i UNDERGROUND FIRE PROTECTION PLAN BUILDING ELEVATIONS ILLUSTRATIONS BY WARE MALOOMB DOUBLE CHECK DE- fECTORASSEMBLY DETAIL LEGEND INSTALL 6' DOUBLE CHECK DETECTOR ASSEMBLY FEDCO 876V, WILKENS 45OD4 OR IRWD APPROVED EQUAL INSTALL FIRE DEPARTMENT CONNECTION MINIMUM 18' AWAY DETAIL FOR REFERENCE ONLY FROM BACKFLOW ASSEMBLY, ON PRIVATE SIDE OF FIRE UNE. PER MANUFACTURER'S SEE AUTOMATIC FIRE SPRINKLER PLAN C1 CLASS I STANDPIPE IN ALL STAIRWELLS SPECIFICATIONS AND REQUIREMENTS AND PER IRWD STD. ING. W -6 (36' MINIMUM ALARM BELL FOR CONSTRUCTION DETAILS SP (SHOWN FOR REFERENCE ONL1� - SETBACK FROM ANY STRUCTURE, CURB OR SIDEWALK) PRIOR TO PURCHASE AND SHALL BE REVIEWED AS PART OF FIRE SPRINKLER ' INSTALLATION, CONTRACTOR SHALL CONFIRM ACCEPTABLE MODEL WITH IRWD. PLAN SUBMITTAL I IRWD IRWD SPECIFIED AND CUSTOMER SPECIFIED MAINTAINED CUSTOMER MAINTAINED AND MAJNTANED O AUTOMATIC FIRE SPRINKLER - I -.�' PIPING PIPING RISER LOCATION I Mir— x 2 1/2' FIRE DEPARTMENT CONNECTION 4-WAY FIRE DEPARTMENT CONNECTION (FDC) POTTER ROEMER MODEL NO. 5710 -5734 10 GAUGE METAL PLATE OR CITY OF NEWPORT BEACH FIRE APPROVED EQUAL - FDC SHALL - :- - RED IN COLOR, SECURELY FACE FIRE DEPARTMENT ACCESS ROAD. ® DETECTOR CHECK WITH FIRE DEPARTMENT CONNECTION Lai - - ATT HED TO FIRE DEPT. CONNECTION-zLL EXISTING PUBLIC FIRE HYDRANT - _- � � EX FH E BY PRIOR APPROVAL 0 2 O FH « PROPOSED PUBLIC FIRE HYDRANT VIEW FROM JAMBOREE RD [SOUTH -EAST ELEVATION] 18 BLUE DOT REFLECTIVE HYDRANT e I s e ■� MAX. MARKER PER NEWPORT BEACH STANDARDS, o Rb 18 CHECK 2 FEET FROM CENTERLINE MIN. VALVE II -- 18 6' FIRE WATER LINE OF C -900 CLASS 200 PVC GROUND LEVEL 8' f° `r P.C.C. TERMINATE LINE 6' P.C.C. ABOVE FINISH LI SURFACE � IMP. a } .: '. 6' FIRE WATER LINE OF HARD METALLIC I I C a a b � \, D A PVC SLEEVE AROUND PIPING I ■x TO PROVIDE Y SPACE AROUND , THRUST BLOCK N 7v z io m 3' PPE THROUGH FOUNDATION "°° IRWD MIN. 6* UL - ro•uui0" WATER MAIN RESISTS LISTED, STEEL PPE PREPARED FOR: - �°° UNIT UNDER FOOTING -THE JOINT WPI r - -=1I _ - CONNECTING THE ONE -PIECE - T - - =� 2 NEWPORT, LLC MEN - B' PVC -C900 CLASS 200 _ STAINLESS STEEL TRANSITION TO 6' PVC-C9010 6� THE UNDERGROUND MAIN MUST BE THRUST BLOCK FO THE EXTERIOR SIDE OF THE 5190 CAMPUS CLASS 200 PVC -0900 CIA55 200 FOUNDATION. TYPICAL THRUST BLOCK THRUST BLOCK NEWPORT BEACH, CA 92660 VIEW FROM CAMPUS OR [NORTH -EAST ELEVATION] TYPICAL TyPrA (714)662 -6900 NEWPORT BUSINESS PLAZA 4699 JAMBOREE ROAD / 5190 CAMPUS DRIVE CITY OF NEWPORT BEACH APN 445 - 151 -08 & 09 VICINITY MAP -L �P 406 �v O,Q _*6 1P0 �� etisr oR PROJECT Q� CITY OF NEWPOR'r BEACH FIRE THRUST BLOCK DETAIL THRUST BLOCK BEARING AREA L X H IN SQUARE FEET Fitting &Sim Deed End TED or auss 900Bend 45 °Bend 2211°Bend 11G'B -,d 4° 117 2A 2A 1.3 0.7 0.3 61 3.7 5 -3 53 2.9 1.5 0.7 8' 63 9A 9.4 5.1 2.6 1.3 12" 15.0 213 212 11.5 5.8 2.9 16` 26.6 57.6 77.6 20A 1044 12 18` 3347 47.6 47.6 25.8 1341 6.6 $9.9 84.6 84.6 45.8 23.3 11.7 30" 93.6 132.2 1322 71.5 36.5 183 CITY OF NEWPORT BEACH PUBLIC WORKS DBPAR'I'61BNr THRUST BLOCKS )RAWNG NO. CC & R CONFORMANCE LETTER WPI- NEWPORT, LLC 5190 Campus Drive Newport Beach, California 92660 SenOer'S Phone: (949) 933 -1689 January 27, 2010 Newport Beach Fine Department City of Newport Beach 3300 Newport Blvd. Newport Beach. California 92663 Re: Jamboree Campus Center Development: "Newport Business Plaza" 4699 Jamboree Road (APN 445- 151 -09) and 5190 Campus Drive (APN 445-151-08' Beach (WPI»: 2061) To the Newport Beach Fire Department WPI- Newport, LLC ("wPr') owns the property at 4699 Jamboree Road (APN 445- 151 -09) and 5190 Campus Drive (APN 445- 151 -08) in Newport Beach (`'Property"). Currently, the Property is comprised of two parcels. In fitrtherance of the pending General Plan Amendment for the Property (PA2008 -164), the two parcels will be combined into one parcel fivm which smaller office space parcels will be created via a parcel map for condominium purposes (per the city's recommendation). The entire Property; including all common areas, will be governed by CC &Rs. The governing CCU @Rs for the Property will specifically state that WPI and its successors shall be responsible for maintaining all common areas of the Property, which shall include all landscaping, common lighting, all fire access roads and fire lames, fire alarm systems and control panels, all underground fire protection systems, and all fire sprinkler systems. All systems will be regularly tested and maintained as required by the applicable fire and building codes Please feel free to contact either me at (949) 93' )-1689 or David Oatis (PrincipaL'Fire Protection Planner for Fiesafe Planning Solutions) at (949) 240 -5911 if you would like any firrther information. We appreciate your time and attention. . .d y. , tihu�lc�� cc: John Young (Principal, WPI- Newport. LLC) David Oatis (Principal /Fire Protection Planner for Firesafe Planning Solutions) DEFiregsafo ARCHITECT: APPROVED: Ware Malcon�b RCS NO. 36106 10 EDELMAN PUTAX WORKS DIRECTOR )RAWNG NO. CC & R CONFORMANCE LETTER WPI- NEWPORT, LLC 5190 Campus Drive Newport Beach, California 92660 SenOer'S Phone: (949) 933 -1689 January 27, 2010 Newport Beach Fine Department City of Newport Beach 3300 Newport Blvd. Newport Beach. California 92663 Re: Jamboree Campus Center Development: "Newport Business Plaza" 4699 Jamboree Road (APN 445- 151 -09) and 5190 Campus Drive (APN 445-151-08' Beach (WPI»: 2061) To the Newport Beach Fire Department WPI- Newport, LLC ("wPr') owns the property at 4699 Jamboree Road (APN 445- 151 -09) and 5190 Campus Drive (APN 445- 151 -08) in Newport Beach (`'Property"). Currently, the Property is comprised of two parcels. In fitrtherance of the pending General Plan Amendment for the Property (PA2008 -164), the two parcels will be combined into one parcel fivm which smaller office space parcels will be created via a parcel map for condominium purposes (per the city's recommendation). The entire Property; including all common areas, will be governed by CC &Rs. The governing CCU @Rs for the Property will specifically state that WPI and its successors shall be responsible for maintaining all common areas of the Property, which shall include all landscaping, common lighting, all fire access roads and fire lames, fire alarm systems and control panels, all underground fire protection systems, and all fire sprinkler systems. All systems will be regularly tested and maintained as required by the applicable fire and building codes Please feel free to contact either me at (949) 93' )-1689 or David Oatis (PrincipaL'Fire Protection Planner for Fiesafe Planning Solutions) at (949) 240 -5911 if you would like any firrther information. We appreciate your time and attention. . .d y. , tihu�lc�� cc: John Young (Principal, WPI- Newport. LLC) David Oatis (Principal /Fire Protection Planner for Firesafe Planning Solutions) DEFiregsafo ARCHITECT: Planning Ware Malcon�b Solutions 10 EDELMAN 302 N. EL CAMINO REAL, SUITE 200 IRVINE, CA 92618 SAN CLEMENTE, CA 92672 (949) 660 -9126 (949) 863 -1581 FAX (949)240-5911 (949) 38&1357 FAX WWW.WAREMALCOMB.COM W W W.FIRESAFEPLANNING.COM FIRE DEPARTMENT NOTES INSPECTION REQUIREMENTS: 1. A MNMUM OF THREE CITY OF NEWPORT BEACH FRE INSPECII(INS ARE REOUIRED FOR UNDERgROIIND PIPING SERVING SPRINKLER SYSTEMS AND /OR PRIVATE HYDRNMIS: 1) PRE -POUR NSPECTON: 2) HYDRO INSPECTION; 3) FLUSH INSPECTION. PLEASE SCHEDULE ALL INSPECTIONS AT LEAST 48 HOURS IN ADVANCE INSPECTIONS CANCELED AFTER 1 P.Y. ON THE DAY BEFORE THE SCHEDULED DATE WILL BE SUBJECT TO A RE- INSPECTION FEE. CALL CITY OF NEWPORT BEACH FIRE INSPECTION SCHEDULING AT (714) 327 -7400. 2. PRE -POUR INSPECR01t THRUST BLOCK D(CAVATKXI SHWA BE COMPLETED. BUT THRUST BLOCK SHN.L NOT BE POURED. ALL PIPE SHALL BE IN PLACE AND DPW FOR VISUAL INSPECTION. PPE SHALT. BE LAID ON A MNMUM TWELVE -NCH BED OF CLEAN SAND. TRENCH SHALL BE OF A SUFF11" DEPTH TO ALLOW FWARED COVER ABOVE PPE. FERROUS PPE AND FITTINGS SHWA BE ENCASED IN POLYETHYLENE TUBING (NOT WRAPPED) AND TIGHTLY TAPED TO INHIBIT WATER INFILTRATION. BOLTS AND FERROUS JOINTS SHALL BE COATED WITH ASPHALTIC SEALANT OR OTHER CORROSION RETARDING MATERIAL. SEE ITEMS 12 -17 AND 22 BELOW FOR DETAILED REQURIEENTS. .1 HYDRO TESTING: THRUST BLOCKS S iA L BE N PLACE PPE SWILL BE CENTER - LOADED WITH CLEAN SAND TO PREVENT UPLIFT, BUT ALL JOINTS SHALL REMAIN EXPOSED. THE SYSTEM SHALL BE HYDROSTATICALLY TESTED AT 200 PSI (OR 50 PSI OVER MAXMUM STATIC PRESSURE, WHICHEVER S GREATER) FOR AT LEAST TWO HOURS PRIOR TO ARRIVAL OF THE CRY OF NEWPORT EACH FIRE INSPECTOR. SEE ITEMS 12, 13 AND 17 FOR DETAILED REQUIREMENTS. 4. FLUSH INSPECTION: ALL PORTIONS OF THE UNDERGROUD SYSTEM SHALL BE F111SHED TO REMOVE DEBRIS PRIOR TO CONNECTION TO OVERHEAD PIPING. FLOW SHALL BE THROUGH A MINIMUM OF A FOUR -INCH HOSE OR PIPE, UNLESS OTHERWISE APPROVED BY THE CITY OF NEWPORT BEACH FIRE INSPECTOR PRIOR TO SCHEDULING THE FLUSH. HOSE OR PPE SHALL BE RESTRAINED TO PREVENT INJURY AND DAMAGE DISCHARGED WATER SHALL BE COLLITTED OR DIVERTED IN ACCORDANCE WITH APPLICABLE SWPPP/NPDES PROVISIONS. THE LOCAL PUBLIC WORKS DEPARTMENT, WATER DISTRICT AND /OR OTHER APPLICABLE AGENCY SHALL BE NOTIFIED OF THE SCHEDULED FLUSH BY THE CONTRACTOR. THE CRY OF NEWPORT BEACH FIRE FLUSH AND HYDRO INSPECTIONS MAY BE SCHEDULED CONCURRENTLY. SEE ITEMS 12, 13 AND 18-21 BLOW FOR DETAILED REQUIREMENTS. 5. UPON FLASH NSPECRON OR PRIOR TO FINAL SPRINKLER OR SITE INSPECTION, ALL DETECTOR CHECK ASSEMBLES, CONTROL VALVES, AND FIRE DEPARTMENT CONNECTIONS (FDC) SHWA BE CLEARLY LABELED WITH THE AWRESS(ES) SERVED BY THE DEVICE ADDRESS SIGNS SHALL BE SECURELY ATTACHED TO THE DEVICE AND BE OF A DURABLE, FADE - RESISTANT MATERIAL AND VISIBLE AND LEGIBLE FROM THE FIRE LANE FDC AND FOUR -NCH HYDRANT OUTLETS SHALL BE UNOBSIRLICTFD AND ORIENTED TOWARD THE FIE LANE. VALVES SHALL FE LOCKED N THE OPEN POSITION WITH BREAKAWAY LOCKS. ALL VALVES AND PRIVATE HYDRANTS SHALL BE PAINTED OSHA SAFETY RED. HYDRANT AND FDC CAPS SHALL BE N PRICE SEE ITEMS 6-9 AND 18-21 FOR DETAILED REOURElEHITS. GENERAL REQUIREMENTS: & INSTALLATION, INSPECTION AND TE51140 SHALL CONFORM TO 2007 WPA 13 AND NFPA 24. CRY OF NEWPORT BEACH FIRE JURSDICSON BEGINS AT THE DOWNSTREAM SIDE OF THE LAST VALVE ON THE DETECTOR CHECK ASSEMBLY. VERIFY DESIGN AND INSTALLATION REWREMENTS FOR THE PORTION OF THE SYSTEM PRECEDING THIS POINT WITH THE LOCAL WATER DISTRICT. 7. VEGETATION SHWA BE SELECTED AND MAINTAINED N SUCH A MANNER AS TO ALLOW IMMEDIATE LOCATION OF AND UNOBSTRUCTED ACCESS TO ALL HYDRANTS, CONTROL VALVES, FIRE DEPARTMENT CONNECTIONS, AND OTHER DEVICES OR AREAS USED FOR FIREFIGHTING PURPOSES. 8. A WIN" THEE -FOOT CLEARANCE SWILL BE PROVIDED AROUND ALL HYDRANTS AND POST INDICATING VALVES. A MINIMUM THREE -FOOT CLEARANCE SHALL BE PROVIDED ON AT LEAST ONE SIDE OF A DETECTOR GHETTO ASSEMBLY TO ALLOW PROPER OPERATION OF THE DEVICE THE FRONT OF FDC AND THE ADJACENT FIRE ACCESS ROADWAY SHV.L BE FREE OF ANY OBSTRUCIK)NS. 9. ANY FUTURE MODIFUTION TO THE APPROVED PRIVATE UNDERGROUND PIPING SYSTEM SHWA REQUIRE RENEW, INSPECTION AND APPROVAL BY THE CITY OF NEWPORT BEACH FIRE DEPARTMENT. 10. APPROVAL OF THIS PUMA SHALL NOT BE INTERPRETED AS APPROVAL OF ANY INFORMATION OUR PROJECT CONDITIONS OTHER THAN THOSE ITEMS AND REQUIREMENTS OF THE CITY OF NEWPORT BEACH FIRE DEPARTMENT, ARID APPLICABLE SECTORS OF THE 2007 EDITIONS OF VIVA 13 AND NFPA 24. THIS PROJECT MAY BE SUBJECT TO ADDITIONAL REQUIREMENTS NOT STATED HEREIN UPON EXAMINATION OF ACTUAL SITE AND PROJECT CONDITIONS OR DISCLOSURE OF ADDITIONAL INFORMATION. PIPE AND TRENCH REQUIREMENTS: 11. A SIX -INCH BED OF aF_A I FILL SAW SHALL BE PROVIDED BELOW AND 12 -INM ABOVE THE PIPE (TOTAL OF 18 INCHES PLUS WIER DIAMETER OF THE PIPE). 12. ALL PIPE SHALL BE APPROVED FOR USE IN FIRE SERVICE SYSTEMS. CLASS 150 WILL BE LASED AT A M WU M, AND CLASS 200 PPE SHALL BE USED WHERE THE PRESSURE AMY EXCEED 154 PSI. GALVANIZED PIPE SHALL NOT BE USED FOR PORTION OF THE SYSTEM THAT ARE BURIED. 13. ALL FERROUS PPE AND FITTINGS SFWl BE PROTECTED WITH A LOOSE 8-ML POLYETHYLENE TUBE. WRAPPING THE PIPE N POLYETHYLENE SHEETING S NOT ACCEPTABLE THE ENDS OF THE TUBE AND ANY SPLICES MADE FOR TEES OR (ETHER PIPING COMPONENTS %A LL BE TanY SEALED WITH TWO -INCH TAPE, APPROVED FOR UNDERGROUND USE 14. ALL BOLTS USED FOR UNDERGROlND CONNECTIONS, INCLUDING T BOLRS, SHWA BE STAINLESS STEEL ALL BOLTS AND FERROUS FITTINGS SWILL BE CLEANED AND THOROUGHLY COATED WITH ASPHALT OR OTHER CORROSION RETARDING MATERIAL AFTER ASSEMBLY AND PRIOR TO THE INSTALLATION OF POLY UE E 15. THRUST BECKS OR ANOTHER APPROVED METHOD OF THRUST RESTRAINT, SIW1 BE PROVIDED WHEREVER PIPE CHANGES DIRECTION. 16. MINIMUM TWD -NCH CLEARANCE SHALL BE PROVIDED WHERE THE PPE PASSES THOROUGH SLABS OR WAITS. UNDERGROUND SYSTEM SHALL TTRMWITE AT THE RISER FLANGE, WHICH SHALL BE LOCATED A MAXIMUM OF 18 INDIES FROM AN EXTERIOR WALL AND 6 INCHES ABOVE THE SLAB. 17. THE FDC SHALL CONTAIN A MINIMUM OF TWO, TWO-AND-ONE-HALF-INCH INLETS. WHEN THE SYSTEM DESIGN DEMAND, WUIONG THE INTERIOR HOSE STREAM DEMAND OR A STANDPIPE, S A MIN" 500 GPM, FOUR, TWO- AND - 0NE -H0LF -INCH NETS SHALL BE PROVIDED. FDCS SHALL BE PAINTED OSHA SAM RED. 18. PIPE RUNNING UNDER A BUILDING OR BUILDING FOUNDATION SHALL BE STAINLESS STEEL AND SHALL NOT CONTAIN MECHANICAL JONES. HYDRANT REQUIREMENTS: (ALL HYDRANTS ON -SITE ARE PUBLIC) 19. PRIVATE FIRE HYDRANTS SFWl BELL LISTED WITH A MINIMUM OF ONE, TWO-AND-ONE-HALF-INCH AND ONE, FOUR -INCH OUTLET. THE FOUR -INCH OUTLET SHALL FACE THE FIRE DEPARTMENT ACCESS ROAD. ALL OUTLETS SHWA BE PROVIDED WITH NATIONAL STANDARD THREADS (MST). PRIVATE HYDRANTS SHALL BE PANTED OSHA SAFETY RED. 20. FIRE HYDRANT SUPPLY PIPING SHALL BE A MINIMUM OF SIX NICHES IN DWETER. THE LOWEST VALVE OPERATING NUT SHALL BE A MINIMUM OF EIGHTEEN INCHES ABOVE GRADE AND THE HYDRANT FLANGE SHALL BE A MNMUM OF TWO - INCHES ABOVE GRADE. 21. A KEYED CITE VALVE SHALL BE PROVIDED FOR EACH HYDRANT N AN ACCESSIBLE LOCATION. KEYED GATE VALVES SHALL BE LOCATED WITHIN TEN FEET OF THE HYDRANT IN AN AREA THAT S UNOBSTRUCTED AND CLEARLY VISIBLE. VALVES SHALL NOT BE LOCATED N PARKING STALLS, 22. ALL FIRE HYDRANTS SHALL HAVE A "MUE REFLECTIVE PAVEMENT MARKER' INDICATING THEIR LOCATION PER THE CITY OF NEWPORT BEACH FIRE STANDARDS, PRIVATE HYDRANTS AND M WARS ARE TO BE MAINTAINED N GOOD CONDITION BY THE PROPERTY OWNER. ADDITIONAL NOTES: WARM SYSTEM SHALL BE INSTALLED IN MULTI- FAMILY DWELLINGS THREE OR MORE STORIES IN HEIGHT. A SEPARATE ALARM SYSTEM S NOT REQUIRED IF THE SPRINKLER SYSTEM S SUPERVISED AW A LOCAL ALARM IS PROVIDED TO NOTIFY OCCUPANTS. BUILDING SUMMARY: 3 -STORY TYPE V -B OFFICE BUILDING (B OCCUPANCY) 1-STORY BANK 43,584 TOTAL S.F. NON - COMBUSTIBLE PARKING STRUCTURE TYPE I -A CONSTRUCTION 52,578 TOTAL S.F. ;610101 11111 WI011111 I Eel ►I►[01 56 CONSTRUCT 6- PVC C -900 WATERLINE AND BEDDING PER CITY OF NEWPORT 13DCH STDS. (CL 200) 51 CONSTRUCT 6- W BEND AND THRUST BLOCK PER DETAIL HEREON 0 CONSTRUCT 6' 45- BETE AND THRUST BLOCK PER DETAIL HEREON 53 CONSTRUCT 6- X 6' X 5' TEE AND THRUST BLOCK PER DETAL HEREON ® INSTALL 4-WAY FIRE DEPARTMENT CONNECTION PER DETAIL 55 INSTALL FEBCO 876V DOUBLE CHECK DETECTOR ASSY PER COY OF NEWPORT BEACH SIDS. OR APPROVED EQUAL WITH FIRE DEPARTMENT CONNECTION PER DETAIL HEREON. 56 INDICATES RISER LOCATION FRONDED BY OTHERS. 57 PIPE WITHIN 3' OF BUILDING FOUNDATION SMALL BE STAINLESS STEEL. Copy of Approval Stamp r qA; I lI !U /015 L F -•7 HRE & -AFC PAM,- re UNDERGROUND FIRE PROTECTION PLAN FOR Newport Business Plaza APN 445- 151 -08 & 09 4699 JAMBOREE RD., 5190 CAMPUS DR. NEWPORT BEACH, CALIFORNIA i" n. Z 0 0 w 4 o! a w LL 0 Z a it Of 0 Z x f m w Z La m' L U WPI- NEWPORT, LLC a California limited liability company Newport Business Plaza I Grade Level Site Plan Newport Beach, CA I scheme: 4 2.1 IRV07- 0075 -01 03 -15 -10 scale: 1" = 20' -0" ISTAL . STALL ,�: ,ALL B RELIMIN REVIEW OF ,NO POSSIBLY INCOMPLETE SISr north WARE MALCOMB Leading Design for Commercial Real Estate integrated service Waremalcomb.com across north Merin WPI- NEWPORT, LLC a California limited liability company 4.3 TYP. SIDE OBSTRUCTION STALL n TYP. STALL B SCAIE: 1�0� -I-O' JAMBOREE ROAD Newport Business Plaza I Podium Level Newport Beach, CA I scheme: 4 2.2 IRV07- 0075 -01 03 -15 -10 TYP. 45° STALL C uA�: Ire• -r -p• 1REA DESIGNATES )W NOTE: THIS CONCEPTUAL DESIGN PLAN IS BASED UPON A PRELIMINARY REVIEW OF ENTITLEMENT REQUIREMENTS AND ON UNVERIFIED AND POSSIBLY INCOMPLETE SITE INFORMATION, AND IS INTENDED MERELY TO ASSIST IN EXPLORING HOW THE SITE MIGHT BE DEVELOPED. 0 20' 80' 10' 40' scale: 1" = 20' -0" north WARE MALCOMB Leading Design for Commercial Real Estate integrated service Waremalcomb.cem across north Merin t WPI- NEWPORT, LLC a California limited liability company Newport Business Plaza I Second Floor Plan Newport Beach, CA I scheme #4 2.3 IRV07- 0075 -01 03 -15 -10 0 10' 40' scale: 1" — 10' -0" north WARE MALCOMB Leading Design for Commercial Real Estate integrated service waremaioomb.com across north Meice STAIR s -° LEASE SPACE al POTENTIAL HALLWAY - -7 - -7 t; o .- p'JAN � I R e I LI__ L NECxnxlcnL S>+nn x\ WOMENS! MENS I" I STRNCT. COW.0 . M LEASE SPACE e¢ WPI- NEWPORT, LLC a California limited liability company 101 -2' Newport Business Plaza Newport Beach, CA W -u I 1 zO' -o• sO' -O• I w' -a' s' -o', az' -s' I zY -s' 0 ry s III POTENTIAL HALLWAY - r3IR I -- — - SMCT. CMMN. M. LEASE SPACE 1 - -- ELEC. LEASE SPACE L- MENS WOMENSI I I M anNlcn sxnrr II I E L JAN. II 4 li I J--r -x• Y aY -e• P /EL�y%%V TOREL — LOBBY r IR � _ EJ Third Floor Plan scheme #4 II I I _ TTTTTT I1 I I I O�TO BELOW w�- 1 I I ! 4 b le' -6' �L�le' -o��, r -a- 1 2.4 IRV07- 0075 -01 03 -15 -10 0 10' 40' 5' 20' scale: 1" — 10' -0" north WARE MALCOMB Leading Design for Commercial Real Estate integrated service 4iaremaloomb.com across north amelica zo' -o• so' -o• I w' -a' s' -o', az' -s' I 21 -1' 0 ry s I POTENTIAL HALLWAY -° r3IR 1 -- — - SIRUCL CgllNN. M. LEASE SPACE 1 - -- ELEC. I R LEASE SPACE MENS I - WOMENSI I I MECHANICAL rr �I I E L sxn I JAN. o o i.l R 71 EL M EL 7-- LOBBY — POTENTIAL PATIO N rte, Y Srw-T� I= R = : = = o I LEASE SPACE .A POTENTIAL HALLWAY Y ELEVAT OR TO R o p t; R _ __ -LOBBY L IJAN -t' - C ROOF ARE A f ILE MENS NECxnxlcnL s1nn WOMENSI ® t B� — x ®R_q. J 1 o Sa J_ -Y 5-0 ' 5 =0' " lo. -I. -0' I ' � 9 ° -a � t5' -I I smucT. cowux, rva. I LEASE SPACE I 1 m ''-6- -o r -o-m. x =o• ts._u. Is._c. r -a- a_2. r -o• s._I. -T. 0 10' 40' IpII.w• �hNII 101' -2' 65 -f 5' 20' scale: 1" — 10' -0" north WPI- NEWPORT, LLC Newport Business Plaza Fourth Floor Plan 2.5 WARE MALCOMB a California limited liability company Leading Design for Commercial Real Estate Newport Beach, CA scheme #4 fRV07- 0075 -01 03 -15 -10 integrated service 4iaremalcomb.com across north amelica 93'- ^ WPI- NEWPORT, LLC a California limited liability company Newport Business Plaza I Roof Plan Newport Beach, CA I scheme #4 3.1 IRV07- 0075 -01 03 -16 -10 0 10' 40' 5' 20' scale: 1" — 10' -0" north WARE MALCOMB Leading Design for Commercial Real Estate integrated service waromaioomb.com across north America s -o a3- s -o MECHANICAL UNIT AREA STAIR ACCESS WPI- NEWPORT, LLC a California limited liability company Newport Business Plaza I Roof Plan Newport Beach, CA I scheme #4 3.1 IRV07- 0075 -01 03 -16 -10 0 10' 40' 5' 20' scale: 1" — 10' -0" north WARE MALCOMB Leading Design for Commercial Real Estate integrated service waromaioomb.com across north America T.O. EYEBROW CANOPY 108.50 OFFICE -ROOF VARIES OFFICE -LEVEL 3 90.00 OFFICE -LEVEL 2 76.00 -- - - - - -- PS-LEVEL 21 OFFICE - LEVEL I /PLAZA 62.00 -- _ - - - -- PS -LEVEL 1 S 52.00 - - -^ - ^ IN PS4_EVE_L0 47.50 / BASELINE GRAD �7.OD NOR THE CONCEP`nU&DESION PI-AN IB RASEDUPON A PRELIMDUT' RENEW OF ENROL MENT REWIRENEN SAND ON UNVERSED AND=IKY INM LEIE SITE INFOTIMRON. AND IS INTENDED MERELY TOANNU IN EXPLORING HpV THE SITE NIGHT BE DEVELOPED. WPI- NEWPORT, LLC a California limited liability company AI NNINNN EKRROW CANOPY SNOOTH STUCCO — nNIEN. TW. STCREMNT SYS1 . — TY'. CECORATVE TUBE STEEL RRAMED ARCHITECTURAL FEATURE ARCHIECNRAL — ACCLNi RLWAL IYP. OECORATVL — MLTAL RAUNG VEHICULAR ENTRANCE TO PODIUM AND LOWER LEVEL PARKING .KXE OECCRAYW RA LING PARKING SL wwri sTucco nI MNDI LS nCN LRAL VIEW FROM JAMBOREE RD [SOUTH -EAST ELEVATION] AN AR Newport Business Plaza NEWPORT BEACH, CA CONCEPTUAL ELEVATIONS SCHEME 4 WALL MIFN AWNINUM LI OW CANOPY ALT. NON LYMtOE CANOPY SAW1H STUCCO nNISH. TYP. T. O. EYEBROW CANOPY THICKENED PUEIFA 91.1.83 � PMSTEGS MR ARPMUTON JIF BANK -ROOF 6' IIICHaW AWNINUM MUWON STOREFRONT SYSTEM. TN. b b Y BANK -LEVEL 1 __ — _62.OD ._ ___________ ___________ _________ —_ BASELINE GRADE A-, PUZn PEDESTRIAN Ewsnxc Moxuua 47.00 1. CHIRIUVC[/011i yGx BY KOLL CDNPANY 4.1 IRV07- 0075 -01 03 -15 -10 0 10' 40' 5' 20' scale: 1'I = 10' -0" WARE MALCOMB Leading Design for Commercial Real Estate integrated service waremaloomb.cem across north ameTica T.O. EYEBRO 91.83 BANK -ROOF 83.00 BANK -LEVEL 62.00 BASELINE GF 47.00 rn lore ui uuii cvcrru WITHVA VIEW FROM CAMPUS OR [NORTH-EAST ELEVATION] RCHITECTURALV REVEALS NOTE: THIS CONCEPTUAL DESIGN PLAN IS BASED UPON A PRELIMINARY REVIEW OF ENTITLEMENT REQUIREMENTS AND ON UNVERIFIED AND POSSIBLY INCOMPLETE 0 10, SITE INFORMA71'10N, AND IS INTENDED MERELY TO ASSIST IN EXPLORING HOW THE SITE MIGHT BE DEVELOPED. WPI- NEWPORT, LLC a California limited liability company Newport Business Plaza NEWPORT BEACH, CA CONCEPTUAL ELEVATIONS SCHEME 4.2 I RV07- 0075 -01 03 -15 -10 5' scale: 1" = 201 EYEBROW CANOPY 108.50 OFFICE -ROOF VARIES OFFICE -LEVEL 3 , -` 90.00.00 OFFICE -LEVEL 2 76.00 'S -LEVEL 2 / OFFICE - LEVEL 1 /PLAZA , -` 62.00 -0 PS -LEVEL 0 47.50 BASELINE GRADE -Jk 47.00 Ik -/ 10I -0" I , WARE MALCOMB Leading Design for Commercial Real Estate integrated service I waremalcomb.com across north america NOTE, THE CONCEPTNI DESIGN PIFN IS WISED UPON A PNELIMDUT' WEN OF ENTREMENT REWIREMEN SAND ON UNVERHEET AND KS II HJM LEIE SNEINFORMiTbN, AND IS INTENDED MERELY TO ASSIST IN E%RDRIND NON THE SNE NIGHT HE DEVELOPED. WPI- NEWPORT, LLC a California limited liability company amrAIN W&L srsroA T.O. EYEBROW CANOPY 108.50 OFFICE -ROOF VARIES OFFICE -LEVEL 3 —_ 00.00 r. OFFICE- LEVEL2 78.00' PS-LEVEL 21 OFFICE - LEVEL 11 PLAZA 82.00 __ —__ GRADE — 52.00 1 u ,' n.' RU LS BASELINE GRADE 47760 VIEW FROM COURTHOUSE [SOUTH -WEST ELEVATION] Newport Business Plaza NEWPORT BEACH, CA CONCEPTUAL ELEVATIONS SCHEME 4 4.3 IRV07- 0075 -01 03 -15 -10 0 10' 40' 5' 20' scale: 1'I = 10' -0" WARE MALCOMB Leading Design for Commercial Real Estate integrated service waremalcomb.eom across north ameica NOTE THIS CONCEPIWLDESION PIFN IS INSEDDPQV R PNELIMDUT' WEN OF Mr.ENENF RECIIRENFMSAND ON UNVEPoFIED AND K IKY HJM LEIE IN EXPLORING NON THE $NE NIGHT HE DEVELOPED. WPI- NEWPORT, LLC a California limited liability company wm rncRin:croRN. NORTH -WEST ELEVATION Newport Business Plaza I CONCEPTUAL ELEVATIONS NEWPORT BEACH, CA I SCHEME 4 G5 IRV07- 0075 -01 03 -15 -10 BROW CANOPY -` 10650 OFFICE -ROOF VARIES FFICE-LEVEL 3 90.00 FFICE4LEVEL2 ` 76.00 � 'EL 21 OFFICE - .EVEL V PLAZA 6200 . GRADE 52.00 _- GRADE "�_ 47.50 L iELINE.GRADE_I;�. 47.00 0 10' 40' 5' 20' scale: V = 10' -0" WARE MALCOMB Leading Design for Commercial Real Estate integrated service waremalcomb.com across north Merin T. O. PARAPET � 109.00 OFFICE-ROOF VARIES OFFICE -L EVEL 3__ 88.65 OFFICE -LEVEL 2 74.65 - - -- PS -LEVEL 21 OFFICE - LEVEL V PLAZA 62.00 AL, JAMBOREEENTRY i 4 ±52.00 ORIG_ELEVATION _ 4700 T.O. PARAPET � 109.00 OFFICE -ROOF VARIES OFFICE- LEVEL 3 OFFICE- LEVEL 2 74.65 PS -LEVEL 21 OFFICE - LEVEL 1/ PLAZA ,IIIILJAMBOREE ENTRY ±52.00 ORIG_ELEVATION _y 47.00 _PARKING LOW POINT 0 46.6 — j OFFICE LEASE SPACE OFFICE LEASE SPACE OFFICE LEASE SPACE SPEED RAMP UPI of ml� I PARKING CROSS SECTION A -A PARKING L��M�I MECH. AREA BANK LEASE SPACE PARKING OFFICE LEASE SPACE OFFICE LEASE SPACE OFFICE LEASE SPACE BANK -ROOF —_ _ _81.65 �. BANK -LEVEL 1 62.00 CAMPUS AVE NOTE: THIS CONCEPTUAL DESIGN PLAN IS BASED UPON A PRELIMINARY REVIEW OF 0 10' 40' ENTTREMENT REQUIREMENTS AND ON UNVERIFIED AND POSSIBLY INCOMPLETE SITE INFORMATION, AND IS INTENDED MERELY TO ASSIST IN EXPLORING HOW THE SITE MIGHT BE DEVELOPED. 5' 20' scale: 1" = 10' -0" WPI- NEWPORT, LLC Newport Business Plaza Site Cross Section 5.1 WARE MALCOMB a California limited liability company Leading Design for Commercial Real Estate Newport Beach, CA scheme #4 fRVO�- oo�5 -01 03 -15 -10 integrated service waremalcomb.cem across north amelica T.O. PARAPET � 109.00 OFFICE -ROOF - - -- -- VARIES OFFICE -LEVEL 3 66.65 OFFICE-LEVEL _2 —_ —_ 74.65 PS -LEVEL 2I OFFICE - LEVEL 11 PLAZA — —_ 62.06 PS -LEVEL EN1R �� VARIES CROSS SECTION C -C CROSS SECTION 0 -0 NOTE: THIS CONCEPTUAL DESIGN PLAN IS BASED UPON A PRELIMINARY REVIEW OF 0 10' 40' ENTITLEMENT REQUIREMENTS AND ON UNVERIFIED AND POSSIBLY INCOMPLETE SITE INFORMATION, AND IS INTENDED MERELY TO ASSIST IN EXPLORING HOW THE SITE MIGHT BE DEVELOPED. 51 20' scale: 1" = 10' -0" WPI- NEWPORT, LLC Newport Business Plaza Site Cross Section 5.2 WARE MALCOMB a California limited liability company Leading Design for Commercial Real Estate Newport Beach, CA scheme #4 fRVO�- oo�5 -01 06 -19 -09 integrated service waremalcomb.cem across north amelica T.O. PARAPET - - - - - - - - - - OFFICE -ROOF - - - - - - - -VARIES � OFFICE LEASE SPACE OFFICE - LEVELS , -6& M ECH, — __ BANK -ROOF ARFA � 61.65 OFFICE LEASE SPACE OFFICE -LEVEL 2 —_—_— _— _— _— _— _— _— _— _— _— _— _— _— _ —_ —_ —_ 74.65 BANK LEASE SPACE OFFICE LEASE SPACE PARKING PS -LEVEL 2/ OFFICE - BANK -LEVEL 1 LEVEL 1/ PLAZA 62.00 ------ --------- 00 JAMBOREE - - PARKING PARKING A- -__ _ PS-LEVELO \— VARIES T.O. PARAPET � 109.00 OFFICE -ROOF - - -- -- VARIES OFFICE -LEVEL 3 66.65 OFFICE-LEVEL _2 —_ —_ 74.65 PS -LEVEL 2I OFFICE - LEVEL 11 PLAZA — —_ 62.06 PS -LEVEL EN1R �� VARIES CROSS SECTION C -C CROSS SECTION 0 -0 NOTE: THIS CONCEPTUAL DESIGN PLAN IS BASED UPON A PRELIMINARY REVIEW OF 0 10' 40' ENTITLEMENT REQUIREMENTS AND ON UNVERIFIED AND POSSIBLY INCOMPLETE SITE INFORMATION, AND IS INTENDED MERELY TO ASSIST IN EXPLORING HOW THE SITE MIGHT BE DEVELOPED. 51 20' scale: 1" = 10' -0" WPI- NEWPORT, LLC Newport Business Plaza Site Cross Section 5.2 WARE MALCOMB a California limited liability company Leading Design for Commercial Real Estate Newport Beach, CA scheme #4 fRVO�- oo�5 -01 06 -19 -09 integrated service waremalcomb.cem across north amelica w04 ._ / �YY I� rY 4•; ua'R4uu\fRl14u\v1rRa4uTJ•v44 QR6uu JRluuuRR1•uuuldlR4uu E1Ae4 aTR6u u44 __— Y444\y4u�Ti4�4Yta444Y a+ —�._ 4Y4 uY4[+�i4T� YY YY " "YY�u'aU u♦v aiY "YY�t+ � "'flY 1i "41.u� a�4Y4 Y4Y4� te44a, uu4•+ arY44• +••uar4• +••a,uu4u4uu••44Y \r4u YUU 4• +ar4u4ar •v4a�. er Y4uuuuu uaruvuu YUYYYM• +• + ♦>4uu V.[ <.4uu44 YY.41LTAM 4.b.1d.4HVYYUYYU4uuuuu uNY.NYYY + \r4Y44Y \+ ta A. a.Z uIa1♦v u YY•41r—Y_l•Yu 'uu r 41\v uY..FF��uY Y44 Y44 Y44 Y Y4 YY4 YY4 ............ 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NOTE: THIS CONCEPTUAL DESIGN PLAN IS BASED UPON A PRELIMINARY REVIEW OF ENTITLEMENT REQUIREMENTS AND ON UNVERIFIED AND POSSIBLY INCOMPLETE SITE INFORMATION, AND IS INTENDED MERELY TO ASSIST IN EXPLORING HOW THE SITE MIGHT BE DEVELOPED. 0 20 810 O — 10' 40' scale: 1" — 20' -0" north E1.2 IRV07- 0075 -01 06 -19 -09 F= WARE MALCOMB Foso NGROUP CoNsu iNG ENGINEERS INC, 07701 Leading Design for Commercial Real Estate C Ao ,- , CA 92 „238 Irvine. 926,4 Ph 949.253.9830 9, Fox 949.253.9628 integrated 9EN10E wazemalcomb.wm Job p 08 —, I8. PM: V. 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F� .— LLF zse 6ert pzm A 4 r..bbPS '..+.i 'm n`aru� Lp u Qm Il66 44 m A72 4u • ...LEI. --1 Eb + 61 Lµd4XP8e PROLE Z. 6iwm .1. 9urlr.W ]3Wb o.i ++0 FT AFG STATISTICS vm Hp NaYn A.. e zemp+ � a.+rc zse 6ert pzm sz+ FGSIER DESIGN GROUP CONSULTING ENGINEERS INC. �7 01 Cowan 4236 GA 92514 'h 949.253.9630 Fax 949.253 .9628 Jab q 08 -178. M: V. LIIE A NOTE: THIS CONCEPTUAL DESIGN PLAN IS BASED UPON A PRELIMINARY REVIEW OF ENTITLEMENT REQUIREMENTS AND ON UNVERIFIED AND POSSIBLY INCOMPLETE SITE INFORMATION, AND IS INTENDED MERELY TO ASSIST IN EXPLORING HOW THE SITE MIGHT BE DEVELOPED. O 0 0 80 10' 40' scale: 1" — 20' -0" north WARE MALCOMB Leading Design for Commercial Real Estate integrated service I waremalcomb.LVm aaoss north america WPI- NEWPORT, LLC a California limited liability company Newport Business Plaza Newport Beach, CA Grade Level Concept Grading Plan scheme: 4 I II I 1 I W DC D N CL a CM) C1.0 I RV07- 0075 -01 4 -01 -10 PLAN SPECIFIC NOTES STORM DRAIN INLET (KRISTAR FILTER INLETS) PARKWAY CULVERT TRENCH DRAIN RETAINING WALL, HEIGHT AS NOTED ON PLAN PROPOSED BIOSWALE, MIN SLOPE 0.5% PROPOSED TRASH ENCLOSURE v PROPOSED TRANSFORMER OPROPOSED COMMERCIAL DRIVEWAY APPROACH TYPE I PER CITY STANDARD DRAWING NO. STD- 160 —L —A OPROPOSED COMMERCIAL DRIVEWAY APPROACH TYPE I PER CITY STANDARD DRAWING NO STD- 160 —L —A (MODIFIED 4" CURB —FACE) GRAPHIC SCALE 20 0 10 20 40 ( IN FEET ) 1 inch = 20 ft. WARE MALCUb'Mb Leading Design for Commercial Real Estate integrated service across north arnerica 1 1 I � 1 r / 1 / / / / / C1.0 I RV07- 0075 -01 4 -01 -10 PLAN SPECIFIC NOTES STORM DRAIN INLET (KRISTAR FILTER INLETS) PARKWAY CULVERT TRENCH DRAIN RETAINING WALL, HEIGHT AS NOTED ON PLAN PROPOSED BIOSWALE, MIN SLOPE 0.5% PROPOSED TRASH ENCLOSURE v PROPOSED TRANSFORMER OPROPOSED COMMERCIAL DRIVEWAY APPROACH TYPE I PER CITY STANDARD DRAWING NO. STD- 160 —L —A OPROPOSED COMMERCIAL DRIVEWAY APPROACH TYPE I PER CITY STANDARD DRAWING NO STD- 160 —L —A (MODIFIED 4" CURB —FACE) GRAPHIC SCALE 20 0 10 20 40 ( IN FEET ) 1 inch = 20 ft. WARE MALCUb'Mb Leading Design for Commercial Real Estate integrated service across north arnerica WPI- NEWPORT, LLC a California limited liability company Newport Business Plaza Newport Beach, CA BMP SITEPLAN scheme: 4 W > O N CL v c I I r / i 1 ! 1 l I I r 1 / r W > O N CL v C2.0 I RV07- 0075 -01 03 -19 -10 PLAN SPECIFIC NOTES STORM DRAIN INLET (KRISTAR FILTER INLETS) PARKWAY CULVERT FLOGARD LO PRO 'FRENCH DRAIN WITH FILTER INSERT RETAINING WALL, HEIGHT AS NOTED ON PLAN PROPOSED BIOSWALE, MIN SLOPE 0.5% PROPOSED TRASH ENCLOSURE PROPOSED TRANSFORMER FLOGARD DOWNSPOUT FILTER ASSEMBLY GRAPHIC SCALE 20 0 10 20 40 ( IN FEET ) I inch = 20 ft. �VAD E MALCOMITI) Leading Design for Commercial Real Estate integrated ser ®ice I waremalcomb.com across north anuerica 1 1 ! 1 r / I I 1 / r / / / i C2.0 I RV07- 0075 -01 03 -19 -10 PLAN SPECIFIC NOTES STORM DRAIN INLET (KRISTAR FILTER INLETS) PARKWAY CULVERT FLOGARD LO PRO 'FRENCH DRAIN WITH FILTER INSERT RETAINING WALL, HEIGHT AS NOTED ON PLAN PROPOSED BIOSWALE, MIN SLOPE 0.5% PROPOSED TRASH ENCLOSURE PROPOSED TRANSFORMER FLOGARD DOWNSPOUT FILTER ASSEMBLY GRAPHIC SCALE 20 0 10 20 40 ( IN FEET ) I inch = 20 ft. �VAD E MALCOMITI) Leading Design for Commercial Real Estate integrated ser ®ice I waremalcomb.com across north anuerica JUNIOR LEAGUE OF ORANGE GEOY JONES 8 MC ENVIRONMENTAL DEVELOPERS APN 445-151-06 APN 445- 151 -05 APN 445 - 151 -07 EXIST. 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CURBS IXAL+ET� SIDEWALK • P - POLISTJ -/ I I Po E IXSEWER MANHO E JAMBOREE ROAD EX . c LrnER CURBS NOTE: ezt/ 'TrC THIS CONCEPTUAL DESIGN PLAN IS BASED UPON A PRELIMINARY REVIEW �ei¢L\ OF ENTITLEMENT REQUIREMENTS AND ON UNVERIFIED AND POSSIBLY -- — - - I INCOMPLETE SITE INFORMATION, AND IS INTENDED MERELY TO ASSIST �' a ) I . w na IIa• IN EXPLORING HOW THE SITE MIGHT BE DEVELOPED. 913]]' 22S 2a" ` 1IRA, �______ ��✓ ____ WPI- NEWPORT, LLC a California limited liability company Newport Business Plaza Newport Beach, CA CONCEPTUAL UTILITY PLAN C3.0 IRV07- 0075 -02 7 -28 -10 WARE MALCOMB Leading Design for Commercial Real Estate intr'9rmed service vreremelcomb.com ;grass north amenca. WPI- NEWPORT, LLC a California limited liability company Newport Business Plaza Newport Beach, CA nun nwuLA VI 111L LnmunMWIFIML uLuru LurrLnLu IvnvvvmVURIL V GV THE OVERALL DEVELOPMENT IMPROVEMENTS; THREE (3) EXISTING EUCALYPTUS SIDEROXYLON - RED IRON BARK TREES WITHIN THE R. 0. W. 10' 40' TO BE REMOVED AND RECYCLED. Cover Sheet scheme: 4 scale: 1" = 20' -0" NSTALL AUTOMATIC GATE ARM AT ENTRANCE OF FIRE LANE TO RESTRICT UNAUTHORIZED VEHICLES (SILVER COLOR) AS A RESULT OF THE EXISTING GRADE BEING LOWERED TO ACCOMODATE THE OVERALL DEVELOPMENT IMPROVEMENTS; THREE (3) EXISTING EUCALYPTUS SIDEROXYLON - RED IRON BARK TREES WITHIN THE R. 0. W. TO BE REMOVED AND RECYCLED. PLANTING LEGEND SYMBOLPLANTNAME TREES: SIZE I SPACING I REMARKSIMATURE HEIGHT & SPREAD SHRUBS: I�M7 0 LIGUSTRUM JAPONICUM 'TEXANUM' LINEDO 24" BOX PER PLANTED IN POTS WITHIN PARKING STRUCTURE QARBUTUS STRAWBERRY TREE PLAN 15' -0° H x 10' -0" W O CLIPRESSUS SEMPERVIRENS 24" BOX PER PARKING STRUCTURE SCREEN ITALIAN CYPRESS 1 GAL. PLAN 30' -0" H x 6' -0" W DWARF NATAL PLUM HOWEA FORSTERIANA 3', 6', 9' PER PALM 1 GAL. KENTIA PALM BTH PLAN 15' -0" H x 8' -0" W MAGNOLIA "ST. MARY" 20' BTH PER STREET TREES 2' -0 "H x 2' -0 "W MAGNOLIA PLAN 20' -0" H x 15' -0° W PITTOSPORUM TOBIRA'WHEELERS DWARF' PHOENIX DACTYLIFERA 30' BTH PER PALM DATE PALM PLAN 45' -0" H x 16' -0° W 5' -0° O.C. CANARIENSIS 24" BOX PER STANDARD OPINUS CANARY ISLAND PINE 5 GAL. PLAN T -0 "H x 4' -0'W INDIAN HAWTHORN PINUS ELDARICA 24" BOX PER STANDARD 1 GAL. AFGHAN PINE 2' -0 "H x 3' -0 "W PLAN STRELITZIA REGINAE 5 GAL. 2' -6° O.C. SHRUBS: I�M7 0 LIGUSTRUM JAPONICUM 'TEXANUM' 5 GAL. 2'-6'0.C. 4' -0 "H x 18 "W TEXAS PRIVET for Commercial Real Estate BUXUS 'JAPONICA' 1 GAL. V -6" O.C. 18 "H x 9'W JAPANESE BOXWOOD CARISSA GRANDIFLO RA 'BOXWOOD BEAUTY' 1 GAL. 2'-6'0.C. 18 "H x 2' -O'W DWARF NATAL PLUM DIETES BICOLOR 1 GAL. 2'-6'0.C. 2' -0 "H x 2' -0 "W BUTTERFLY IRIS HEMEROCALLIS HYBRID'YELLOW' 1 GAL. 2' -0° O.C. 2' -0 "H x 2' -0 "W YELLOW DAYLILY PITTOSPORUM TOBIRA'WHEELERS DWARF' 5 GAL. 2'-6'0.C. 2' -0 "H x 4' -0 "W MOCK ORANGE PODOCARPUS HENKLII 5 GAL. 5' -0° O.C. 12' -0 °H x4' -0'W YEW PINE RHAPHIOLEPIS INDICA'CLARA' 5 GAL. 2'-6'0.C. T -0 "H x 4' -0'W INDIAN HAWTHORN SALVIA CHAMAEDRYOIDES 1 GAL. 2' -0° O.C. 2' -0 "H x 3' -0 "W GERMANDER SAGE STRELITZIA REGINAE 5 GAL. 2' -6° O.C. 4' -0 "H x 4' -O'W BIRD OF PARADISE 1 GROUNDCOVER: E VINES. ANNUAL COLOR 4" POTS 8" O.C. TO BE DETERMINED for Commercial Real Estate HEDERAHELIX'HAHNSII' FLATS 4'-0" D.C. 12 "H HAHN'S IVY LONICERAJAPONICA'HALLIANA' 1 GAL. 4'-0" D.C. 24 "H JAPANESE HONEYSUCKLE ROSEMARY OFFICINALIS'LOCKWOOD DE FOREST 1 GAL. 4' -0" O.C. 18 11H TRAILING ROSEMARY TRACHELOSPERMUMJASMINOIDES 1GAL. 4'- 0 "O.C. 18 "H STAR JASMINE EMPIRETURF ZOYSIA GRASS SODDED LOW WATER USE TURF PARTHENOCISSUS TRICUSPIDATA 1 GAL. 18' -0° O.C. I VINE ON WALL BOSTONIVY WATER CONSERVATION NOTES THE FOLLOWING WATER CONSERVATION TECHNIQUES SHALL BE EMPLOYED IN THIS PROJECT: 1. USE OF HYDROZONES WITH PLANTS GROUPED BASED UPON AMOUNT OF WATER NEEDED TO SUSTAIN THEM. 2. MULCH UTII -IZED IN THE LANDSCAPE, 2" DEPTH MINIMUM. 3. SOIL AMENDMENTS UTILIZED TO IMPROVE WATER HOLDING CAPACITY OF THE SOIL. 4. AUTOMATIC IRRIGATION SYSTEM ADJUSTED SEASONALLY AND WITH WATERING HOURS BETWEEN 7:00PM AND 10:OOAM. 5. IRRIGATION SYSTEM DESIGNED TO WATER DIFFERENT AREAS OF THE LANDSCAPE BASED ON WATER NEEDS. 6. RAIN SENSORS USED IN CONJUNCTION WITH THE AUTOMATIC IRRIGATION SYSTEM. 7. RECOMMENDATIONS GIVEN FOR ANNUAL IRRIGATION SCHEDULE. J (!0 1.1 RV07- 0075 -01 06 -29 -2010 north WARE MALCOMB Leading Design for Commercial Real Estate integrated service waremalcomb.com across north america OFFICE -ROOF VARIES ti OFFICE-LEVEL 3 r 90.00 - - OFFICE -LEVEL 2 PF 76.00 PS -LEVEL 21 OFFICE - LEVEL 11 PLAZA `r 62.00 - - - - - PS -LEVEL 1 52.00 PS -LEVEL 0 f- VPV-4-7-5-0 BASELINE GRADE 47.00 NOTE: THIS CONCEPTUAL DESIGN PLAN IS BASED UPON A PRELIMINARY REVIEW OF ENTITLEMENT REQUIREMENTS AND ON UNVERIFIED AND POSSIBLY INCOMPLETE SITE INFORMATION, AND IS INTENDED MERELY TO ASSIST IN EXPLORING HOW THE SITE MIGHT BE DEVELOPED. • r BANK -ROOF i 83.00 BANK -LEVEL 62.00 VIEW FROM JAMBOREE RD [SOUTH -EAST ELEVATION] BANK -ROOF 83.00 BANK -LEVEL 1 _0� 6200 . JAMBOREE /CAMPUS CENTER NEWPORT BEACH, CA VIEW FROM CAMPUS DR [NORTH -EAST ELEVATION] CONCEPTUAL ELEVATIONS SCHEME 4 sheet# I RV07- 0075 -01 19 JUIVE 2009 0 16' 64' 8' 32 scale: 1/16" = 1' -0" WARE MALCOMB Leading Design far Commercial Real Estate integrated service I waremalcomb.com across north america NOTE: THIS CONCEPTUAL DESIGN PLAN IS BASED UPON A PRELIMINARY REVIEW OF ENTITLEMENT REQUIREMENTS AND ON UNVERIFIED AND POSSIBLY INCOMPLETE SITE INFORMATION, AND IS INTENDED MERELY TO ASSIST IN EXPLORING HOW THE SITE MIGHT BE DEVELOPED. WOWMMMEMER iNVESTMENTS NORTH-WEST ELEVATIO N OFFICE -ROOF VARIES OFFICE -LEVEL 3 ` 90.00 OFFICE -LEVEL 2 76.00 PS -LEVEL 21 OFFICE - LEVEL 1/ PLAZA 62.00 - GRADE f 52.00 - _ GRADE / ` 47.50 % �SELNE_GRAQF 47.00 VIEW FROM COURTHOUSE [SOUTH -WEST ELEVATION] JAMBOREE /CAMPUS CENTER NEWPORT BEACH, CA CONCEPTUAL ELEVATIONS SCHEME 4 OFFICE -ROOF VARIES OFFICE -LEVEL 3 90.00 OFFICE -LEVEL 2 ` 76.00 PS -LEVEL 21 OFFICE - LEVEL 1/ PLAZA 62.00 GRADE 52.00 PS -LEVEL 0 ( I< 47.50 m / BASELINE GRADE / I♦ 47.00 J sheet# I RV07- 0075 -01 19 JUNE 2009 0 16' 8' 3 2' scale: 1/16" = 1' -0" WARE MALCOMB Leading Design for Commercial Real Estate integrated service j warremalcomb.com across north an�erica WPI- NEWPORT, LLC a California limited liability company Newport Business Plaza Newport Beach, CA Cover Sheet scheme: 4 PLANTING LEGEND SYMBOL PUNT NAME TREES: SIZE I SPACING I REMARKS4NATUREHEIGHTS SPREAD SHRUBS: I LiGUSTRUM JAPONICUM'TEXANUM' ARBUTUS UNEDO 24" BOX PER PLANTED IN POTS WITHIN PARKING STRUCTURE STRAWBERRY TREE PLAN 15' -0" H x 10' -0" W V-6" D.C. CUPRESSUS SEMPERVIRENS 24" BOX PER PARKING STRUCTURE SCREEN ITALIAN CYPRESS 1GAL- PLAN 30' -O' H x 6' -0' W DWARF NATAL PLUM HOWEA FORSTERIANA 3', B', 9' PER PALM 1 GAL KENT A PALM BTH PLAN 15'-0' H x 8'-0" W MAGNOLIA "ST. MARY' 20' BTH PER STREET TREES ° MAGNOLIA PLAN 20' -0' H x 15' -0" W PITTCSPORUM TOBIRA'WHEELERS DWARF' PHOENIX DACTYLIFERA 30' BTH PER PALM jdjZ DATE PALM PLAN 45' -0' H x 16' -9 W Mk PINUS CANARIENSIS 24" BOX PER STANDARD CANARY ISLAND PINE 5 GAL. PLAN T-O'H x 4' -0'W INDIAN HAWTHORN PINUS ELDARICA 24" BOX PER STANDARD 1 GAL. AFGHAN PINE 2' -0'H x 3' -0'W PLAN STRE_ITZIA AEG INAE 5 GAL 2' -6" O.C. SHRUBS: I LiGUSTRUM JAPONICUM'TEXANUM' 5 GAL 2' -6" O.C. 4' -0'H x 18'W TEXAS PRIVET BUXUS'JAPONICA' 1GAL V-6" D.C. 18'HxTW JAPANESE BOXWOOD CARISSA GRANDIFLORA'BOXWOOD BEAUTY' 1GAL- 2'-6" O.C. 18'Hx2' -D "W DWARF NATAL PLUM DIETES BICOLOR 1 GAL 24" O.C. 2' -0'H x 2' -0'W BUTTERFLY IRIS HEMERDCALLIS HYBRIO'YELLOW' 1 GAL 2' -0" O.C. 2' -0'H x 2' -O'W YELLOW DAYLILY PITTCSPORUM TOBIRA'WHEELERS DWARF' 5 GAL. 2' -S" O.C. 2' -0'H x 4' -0'W MOCK ORANGE PODOCARPUS HENKLII 5 GAL 5' -0" O.C. 12' -0 "H x 4'-OW YEW PINE RHAFHIOLEPIS INDICA'CLARA' 5 GAL. 2' -6" O.C. T-O'H x 4' -0'W INDIAN HAWTHORN $ALV A CHAMAEDRYOIDES 1 GAL. 2' -0" O.C. 2' -0'H x 3' -0'W GERMANDER SAGE STRE_ITZIA AEG INAE 5 GAL 2' -6" O.C. 4' -0 -H x 4' -0'W BIRD OF PARADISE SROUNBCOVER. 13 VINES: ANNUAL COLOR 4" POTS 8' O.C. TO BE DETERMINED HEDERA HELIX 'HAHNSII' FLATS 4' -0" O C_ 12'H HRH N'S IVY LONICERAJAPONICA'HALLIANA 1 GAL, 4'4' O.C. 24'H JAPANESE HONEYSUCKLE ROSEMARY 0 FFI CINALIS 'LOCKWOOD OF FOREST 1 GAL. 4' -0" O.C. 18'H TRAILING ROSEMARY TRACHELOSPERMUM JASMINOIDES 1 GAL 4' -D" O.C. 18'H STAR JASMINE EMPIRE TURF ZOYSIA GRASS SODDED LOW'NATER USE TURF PARTIENOCISSUS TRiCUSPIDATA 1 GAL. 1 8' -0" D.C. VINE ON WALL BOST]NIVY WATER CONSERVATION NOTES THE FOLLOWING WATER CONSERVATION TECHNIQUES SHALL BE EMPLOYED IN THIS PROJECT: 1. USE OF HYDROZONES WITH PLANTS GROUPED BASED UPON AMOUNT OF WATER NEEDED TO SUSTAIN THEM. 2. MULCH UTILIZED IN THE LANDSCAPE, 2" DEPTH MINIMUM. 3. SOIL AMENDMENTS UTILIZED TO IMPROVE WATER HOLDING CAPACITY OFTHE SOIL. 4. AUTOMATIC IRRIGATION SYSTEM ADJUSTED SEASONALLY AND WITH WATERING HOURS BETWEEN 7:OOPM AND 1 O:OOAM. 5. IRRIGATION SYSTEM DESIGNED TO WATER DIFFERENT AREAS OF THE LANDSCAPE BASED ON WATER NEEDS. 6. RAIN SENSORS USED IN CONJUNCTION WITH THE AUTOMATIC IRRIGATION SYSTEM. 7. RECOMMENDATIONS GIVEN FOR ANNUAL IRRIGATION SCHEDULE. 20' 80' 10' 40' scale: 1" = 20' -0" north 1.1 I RV07- 0075 -01 06 -29 -2010 WARE MALCOMB Leading Design for Commercial Real Estate I ntegrated service warema#comb.com across north america I Attachment No. CC 4 Planning Commission Resolution No. 1816 � 1 RESOLUTION NO, 1816 THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by WPI- Newport, LLC, with respect to property located at 4699 Jamboree Road and 5190 Campus Drive, and legally described as Parcels 1 and 2 of Parcel Map, as per map filed in Book 142, Pages 18 and 19 of Parcel Maps; in the Office of the Orange County Recorder, requesting approval of: 1) a General Plan Amendment to increase the maximum allowable development limit for Anomaly Location #6 of the Land Use Element by 11,544 gross square feet, 2) an amendment to the Koll Center Newport (PC -15) Planned Community text to allow an increase to the Allowable Building Area for Professional & Business Office Site F by 18,346 net square feet, and 3) approval of a tentative parcel map for commercial condominium purposes, and to combine the existing two parcels (Parcel 1 at 4699 Jamboree Road and Parcel 2 at 5190 Campus Drive) into a single building site. 2_ The applicant proposes to demolish the two existing buildings and redevelop the site with a new approximately 46,000- gross - square -foot commercial business plaza. 3. The subject property is located within the Koll Center Newport (PC -15) Planned Community Zoning District and the General Plan Land Use Element category is Mixed Use Horizontal 2 (MU -1-12). 4. The subject property is not located within the coastal zone. 5. A public hearing was held by the Planning Commission on August 5, 2010, 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 Newport Beach Municipal Code, Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. Planning Commission Resolution No, 1816 Newport Business Plaza (PA2008 -164) Page 2 of 19 SECTION 2. CALIFORNIA ENVIRONMENTAL_ QUALITY ACT DETERMINATION, An Initial Study and Mitigated Negative Declaration have been prepared in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3. 2. The draft Mitigated Negative Declaration was circulated for a 24 -day public comment period beginning on May 19, 2010, and ending on June 7, 2010, The contents of the environmental document and comments on the document were considered by the Planning Commission in its review of the proposed project, 3. On the basis of the entire environmental review record, the proposed project, with mitigation measures, will have a less than significant impact upon the environment and there are no known substantial adverse affects on human beings that would be caused. Additionally, there are no long -term environmental goals that would be compromised by the project, nor cumulative impacts anticipated in connection with the project. The mitigation measures identified and incorporated in the Mitigation Monitoring and Reporting Program are feasible and will reduce the potential environmental impacts to a less than significant level. 4, The Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program attached as Exhibit "A" is hereby recommended for adoption by the City Council. The document and all material, which constitute the record upon which this decision for recommendation was based, are on file with the Planning Department, City Hall, 3300 Newport Boulevard, Newport Beach, California. 5. The Planning Commission finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. in addition, project opponents often seek an award of aftomeys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger. SECTION 3. FINDINGS. 1. The project site is located in the Statistical Area L4 (Airport Area) of the Land Use Element of the General Plan, and is identified as Anomaly Location #6. The General Plan Land Use Element designates the project site as Mixed -Use Horizontal 2 ( "MU- 1-12''). The. MU -H2 designation provides for a horizontal intermixing of uses that may include regional commercial office; multifamily residential, vertical mixed -use buildings, industrial, hotel rooms, and ancillary neighborhood commercial uses. The proposed new commercial business plaza is consistent with this designation. 2. General Plan Policy LU 3.2 encourages the enhancement of existing neighborhoods, districts, and corridors, by allowing for re -use and infill with uses that are �i2 Planning Commission Resolution No, 1816 Newport Business Plaza (PA2008 -164) Paae 3 of 19 complementary in type, farm, scale, and character. The policy states that changes in use and /or densitylintensity should be considered only in those areas that are economically underperforming, are necessary to accommodate Newport Beach's share of projected regional population growth, improve the relationship and reduce commuting distance between home and jobs, or enhance the values that distinguish Newport Beach as a special place to live for its residents. The scale of growth and new development shall be coordinated with the provision of adequate infrastructure and public services, including standards for acceptable traffic level of service. The proposed General Plan amendment to increase the maximum allowable development limit in Anomaly Location #6 from 34,500 gross square feet to 46,044 gross square feet is consistent with General Plan Policy LU 3.2 as follows: The increased development limit would allow for redevelopment of the existing underperforming properties, and would allow a project what would generate greater architectural presence and enhance this prominent intersection at the northeast boundary of the City limits. The proposed project would be served by adequate infrastructure and public services, and the proposed increase in development limits would not exceed existing service levels for public services or utilities. As indicated in the Transportation and Traffic Section of the MND, the proposed project would result in a decrease in trips due to the reduction in square footage of the existing bank building from approximately 10,000 square feet to approximately 4,000 square feet. Thus, the decrease in trips during operation of the proposed project would not impact the standards for acceptable traffic level of service in this area. 3. General Plan Policy LU 6.15.1 provides for the development of distinct business park, commercial, and airport- serving districts and residential neighborhoods that are integrated to ensure a quality environment and compatible land uses. The proposed General Plan amendment to increase the maximum allowable development limit is consistent with this policy as follows: The proposed 'project would provide for redevelopment of the site with a new distinct business plaza, integrated to ensure a quality environment that is compatible with the existing surrounding land uses in the Koll Center Newport Planned Community, and the City of Irvine. 4. Charter Section 423 requires that all proposed General Plan Amendments be reviewed to determine if the square footage (for non- residential projects), peak hour vehicle trip, or dwelling units thresholds would be exceeded as the means to determine whether a vote by the electorate would be required to approve the General Plan Amendment. Pursuant to Council Policy A -18, voter approval is not required as the proposed General Plan Amendment does not exceed the non - residential floor area 'v Planning Commission Resolution No, 1816 Newport Business Plaza (PA2008 -164) Page 4 of 19 threshold, does not exceed the peak hour vehicle trips threshold, and does not create any new dwelling units. 5. The General Plan includes several goals and policies emphasizing high quality redevelopment and new development of sites, utilizing adequate standards for site and building design, parking and undergrounding of utilities, landscaping, and signage control. The Koll Center Newport Planned Community Development Standards provides the regulations to implement these various goals and policies: Other than the increase in allowable building area for Office Site F from 24,000 net square feet to 42,646 net square feet, the project as proposed meets all general development standards specified in the planned community text. 6. A tentative parcel map for commercial condominiums purposes, and to combine the two parcels into a single building site in order to accommodate development of the new commercial business plaza has been prepared in accordance with Title 19 of the Newport Beach Municipal Code (NBMC). The Planning Commission determined in this case that the proposed parcel map is consistent with the legislative intent of Title 20 of the NBMC, and the following findings per Section 19.12.070, and facts in support of such findings are set forth: A. Finding: That the proposed map and the design or improvements of the subdivision are consistent with the General Plan and any applicable specific plan, and with applicable provisions of the Subdivision Map Act and this Subdivision Code. Facts in Support of Finding: A -1. The proposed parcel map is for commercial condominium purposes and to combine two existing parcels of land into a single building site. As part of the proposed project, the applicant requests approval of a General Plan amendment to increase the maximum allowable development limit on the subject property. If the General Plan amendment is approved, the proposed subdivision and improvements of the subdivision would be consistent with the General Plan and the MU -1i2 land use designation. B. Finding: That the site is physically suitable for the type and density of development. Facts in Support of Finding B -1. The lot is regular in shape, has a slope of less than 20 percent, and is suitable for development. B -2. As part of the proposed project, the applicant requests approval of a General Plan amendment and an amendment to the Koll Center Planned Community l? Planning Commission Resolution No. 1916 Newport Business Plaza (PA2009 -164) Page 5 of 19 text to increase the maximum allowable development limit on the subject property. If the General Flan amendment and planned community text amendment are approved, the project site would be physically suitable for the amount of entitlement (or intensity) proposed for development of the site. C. Finding: That the design of the subdivision or the proposed improvements will not cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat. However, notwithstanding the foregoing, the decision - making body may nevertheless approve such a subdivision if an environmental impact report was prepared for the project and a finding was made pursuant to Section 21081 of the California Environmental Quality Act that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report. Facts in Support of Finding: C -1, A MND has been prepared for the proposed project, and it has been determined that the design of the subdivision or the proposed development will not result in a significant effect on the environment, nor substantially and avoidably injure fish or wildlife or their habitat. s That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. Facts in Support of Finding: D -1. The proposed parcel map is for commercial condominium purposes, and to combine two existing parcels into a single building site. Construction for the proposed project will comply with all Building, Public Works, and Fire Codes, which are in place to prevent serious public health problems. Public improvements will be required of the developer per Section 19.28,010 of the Municipal Code and Section 66411 of the Subdivision Map Act. All ordinances of the City and all Conditions of Approval will be complied with. That the design of the subdivision or the type of improvements will not confict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the decision - making body may approve a map if it finds that alternate easements. for access or for use, +,vial be provided and that these easements will be substantially equivalent to easements previously acquired by the public. This finding shall apply only to easements of record or to easements established by judgment of ri,x- Planning Commission Resolution No. 1816 Newport Business Plaza (PA2008 -164) Pape 6 of 19 a court of competent jurisdiction and no authority is hereby granted to the City Council to determine that the public at large has acquired easements for access through or use of properly within a subdivision.. Facts in Support of Finding; EA The design of the development will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development as there are no public easements that are located on the property. 19 F.1 G. That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act, if the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (Arilliamson Act), the resulting parcels following a subdivision of the land would not be too small to sustain their agricultural use or the subdivision will result in residential development incidental to the commercial agricultural use of the land. Facts in Support of Finding: Because the subject property is not considered an agricultural preserve and is less than 100 acres, it is not subject subject property is zoned PC -15 (Koll which does not allow agricultural uses. Finding: to the Williamson Act. in addition, the Center Newport Planned Community), That, in the case of a "land project as defined in Section 19000.5 of the California Business and Professions Code: (a) there is an adopted specific plan for the area to be included within the land project, and (b) the decision - making body finds that the proposed land project is consistent with the specific plan for the area. Facts in Support of Finding: GA The property is not a "land project" as defined in Section 11000.5 of the California Business and Professions Code, and the project site is not located within a specific plan area, '2 Planning Commission Resolution No. 1816 Newport Business Plaza (PA2008 -164) Page 7 of 19 K Finding: That solar access and passive heating and cooling design requirements have been satisfied in accordance with Sections 66473.9 and 66475.3 of the Subdivision Map Act Facts in Support of Finding: HA The proposed parcel map and improvements associated with the proposed project are subject to Title 24 of the California Building Code that requires new construction to meet minimum heating and cooling efficiency standards depending on location and climate. The Newport Beach Building Department enforces Title 24 compliance through the plan check and inspection process. That the subdivision is consistent with Section 66412.3 of the Subdivision Map Act and Section 65584 of the California Government Code regarding the City's share of the regional housing need and that it balances the housing needs of the region against the public service needs of the City's residents and available fiscal and environmental resources. Facts in Support of Finding_ 1.1 The proposed parcel map is for commercial condominium purposes and to combine two existing parcels into a single building site. No residential uses are proposed as part of the project, and no affordable housing units are being eliminated. f i That the discharge of waste from the proposed subdivision into the existing sewer system will not result in a violation of existing requirements prescribed by the Regional Water Quality Control Board ('RWQCB "j. Facts in Support of Finding_ J.1 The proposed project would not exceed wastewater treatment requirements of the RWQCS, and additional wastewater discharge into the existing sewer system generated by the proposed project would not violate RWQC'B requirements. <<';at.t Planning Commission Resolution No. 1816 Newport Business Plaza (PA2008 -164) Paae 8 of 19 K. Et [ ; For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision conforms with the certified Local Coastal Program and, where applicable, with public access and recreation policies of Chapter Three of the Coastal Act. Pacts in Support of Finding: K.1 The subject property is not located in the Coastal Zone, SECTION 4. DECISION. 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 the Mitigated Negative Declaration, including the Mitigation Monitoring and Reporting Program, attached as Exhibit °A".. The document and all material, which constitute the record upon which this decision was based, are on file with the Planning Department, City Hail, 3300 Newport Boulevard, Newport Beach, California. 1 The Planning Commission of the City of Newport Beach does hereby recommend that the City Council approve General Plan Amendment No. GP2008 -007 to increase the maximum allowable development for Anomaly Location #6 from 34,500 gross square feet to 46,044 gross square feet. 3. The Planning Commission of the City of Newport Beach does hereby recommend that the City Council approve Planned Community Development Plan Amendment No. PD2009 -001 to amend the Koll Center Newport (PC -15) Planned Community text to allow an increase in the allowable building area for Professional & Business Office Site P from 24,300 net square feet to 42,646 net square feet. 4, The Planning Commission of the City of Newport Beach does hereby recommend that the City Council approve Tentative Parcel Map NP2010 -006 subject to the conditions set forth in Exhibit "8,' Planning Commission Resolution No. 1816 Newport Business Plaza (PA2008-164) Paae 9 of 19 AYES: Eaton, Unsworth, Hawkins, McDaniel, Ameri, and Toerge NOES: None EXCUSED: Hillgren BY`: — A:t- Earl McDaniel, Chairman BY:- Mich - emerge, Secretary Planning Commission Resolution No. 1816 Newport Business Plaza (PA2008 -164) Paae 10 of 19 Mitigation and Monitoring Reporting Program No, Mitigation Mcasura _ Time Frame for Responsible Verification of C'om fiance Implementation& [Monitoring Monitoring Initials Date j R €marks ncv Aesthetics A -1 The site shall not be excessively illuminated Prior to project City of Wised on the luminance recommendations of the operation Newport ❑haminating Enginecring Society of North Beach America, or, if in the opinion of the Planning Planning Director, the illumination creates an Department unacceptable negative impact on surrounding land uses or environmental resources. The Planning Director may order the damming of light sources or other remediation upon finding that the site is excessively illuminated. A -2 Prior to the issuance of building permits, the Prior to issuance of City of applicant shall prepare a final lighting plan for building permits Newport approval by the Planning Department that Beach demonstrates spill light trespass and glare are Planning below or at luminance levels pursuant to Department recommendations of the illummnatioa Engineering Society of North America. A -3 Exterior on -site lighting shall be shielded and Prior to site plan City of confined within site boundaries. No direct rays approval. Newport Or glare are permitted to shine onto public streets Beach or adjacent sites: or create a public nuisance. Planning - alpak" type Mures are not permitted. Department Parking area lighting shall have zero cut -off fixtures and light standards shall not exceed 20 feet in height. Biological Resources BIO -I The removal of ornamental trees on site shall not During construction Project be scheduled during . the avian nesting season construction. (approximately February I--- August 31) to ensure contractor project conformance with the Migratory Bird Treaty Act. If clearing and grubbing are proposed to occur between February I and August 31, a preconsttv.ction survey for nesting birds shall be conducted by a qualified biologist no more than 7 days prior to the start of construction. If nesting birds occur within the disturbance area, a buffer around the nest shall be determined by a qualified biologist. All construction activities shall occur outside the buffer area unto a qualified biologist has determined that the nest is complete and that no new nesting activity has occurred within the buffer area. Planning Commission Resolution No, 1816 Newport Business Plaza (PA2008 -164) Paoe 11 of 19 No. Mitigation Measure Time Frame for Respottsibte verification of Comps Implementation& Monitoring Initials Date Remarks Monitoring Agenc Cultural Resources CR -1 The project plans shall specify that a qualified During construction Project archaeologist be contacted in the unlikely event construction that prehistoric archaeological resources are contractor discovered in the project area during ground - disturbing activities, Work shall stop in die area of the find and within 50 feet of tic find until a quaffed archaeologist can assess the significance of the find and, if necessary, develop appropriate treatment measures. Treatment measures typically include development of avoidance strategies, capping with fill material, or mitigation of impacts through data recovery programs such as excavation or detailed documentation. Prehistoric Archeological monitoring of the project site shall not be required, unless it is determined by the qualified archeologist who prepares the treatment measures for the find that monitoring is required based on the sediments being excavated and the significance of thefiitd. CR -2 Project plans shall specify that that aqualified. During construction Project paleontologist shall be contacted in the event that construction potential paleontological resources are contractor discovered: During construction, the contractor shall hall site excavation or preparation if suspected fossilized remains are unearthed. Construction shall cease on site and shall not be resumed until a qualified paleontologist is contacted to assess the resources and identity appropriate treatment measures, if applicable. Treatment measures may include salvaging fossils and samples of sediments as they are unearthed to avoid construction delays and/or temporarily halting or diverting equipment to allow removal of abundant or large specimens. Recovered specimens shall be prepared to a point of identification and permanent preservation, including washing of sediments to recover small invertebrates and vertebrates. Specimens shall be curated into a professional,. accredited museum repository with permanent retrievable storage. A report of findings, with an appended itemized inventory of specimens, shall be prepared and shall signify completion of die program to mitigate impacts on paleontological resources. l0� Planning Commission Resolution No. 1816 Newport Business Plaza (PA2008-164) Paoe 12 of 19 Geology and Soils r-jEo- I During the preparation of the grading, plans and Prior to issuanec Safi City of ,ra prior to issuance of � ding peronts, the grading, grading permits 'Newpurl plans shall stipulate that all grading and Beach earthwork shall be performed in accordance with Building the Grading Ordinances of the City of Newport Department Beach and the applicable portion of the General Earghwork Specification in Appendix B of the g-enteimincal report prepared for the project. During construction, grading of the site by the i contractor Shall adhere to grading plans approved by the City, -nie implementation of drese measures -shall be verified during field iaspections_ Cj FO-2 During the preparation of grading plans and Prior Prior to issuance of City of to issuance of grading permits, the grading plans grading permits Newport shall stipulate that all Fill shall consist of non- Beach expansive materials, moisture- conditioned to Building near optimum if cohesionless and to 130% of Department optimum if cohesive or clayey. The characteristics of the fill soil shall be evaluated by the geotechnical consultant prior to placement, and confirmed to meet grading plan specifications, GFO-3 During construction, to minimize the potential During construction City of for soil movement, the upper 24 inches of soil Newport within the building slab areas (garage slab, and Beach ramp) shall be replaced with -I feet of crushed Building aggregate. Department OE04 Prior to construction of the parking area, a Prior to issuance of City of geolachnical engineer shall inspect the bottom of grading permits Newport the site excavation to verily that no additional Beach excavation is required to minimize impacts on Building the structural integrity of the buildings associated Department with expansive soils. GGf , 5During construction, if groundwater rises near or During construction City of above the proposed excavation during Newport construction, underwater construction and a Beach dewagering system shall be incorporated to t3uilding minimize impacts to the structural integrity of Departriient the buildings, Hazards and Ha?ardons Materials HNI-I Prior to demolition of the office buildings on Prior to issuance of City of sits, an asbestos-containing materials and lead- grading permits Newport based paint assessment shall bc- performed by a Beach Public qualified environmental professional and Works conducted in accordance with all federal. ,late, Department and local requirements, including those established by National Emissions Standards for Hazardous Air Pollutants guidelines and the Occupational Safety and Health Administration (09 Planning Commission Resolution No. 1816 Newport Business Plaza (PA2008-164) Pacie 13 of 19 1/0 (OSHA'). A report shall be furnished to the Building 0epartruent by said quiPfied environmental professional and shall outline the occurrence of hazardous maic, "16 on me protect silc- N If asbcstos-conminim> materials are discovered during site investigations, all potentially friable asbesuffs-comainin-, i nonari-As shall be removed in accordance with federal, state, and local laws and the National Emissions Standards, for Hazardous Air Pollutants guidelines prior to building demolition or renovation that may disturb the materials. All demolition activities shall be undertaken in accordance with California Occupational Safety and Health Administration (CaliOSHA) standards, contained in Title 9 of the California Code of Regulations (CCR), Section 1529, to protect workers from exposure to asbestos, Materials containing more than I % asbestos are also subject to SCAQMD regulations, Demolition and the transport and disposal shall be performed in conformance with these federal, state, and local laws and regulations shall avoid significant exposure of construction workers and"Or the public to asbestos- containing materials. If least -based paint is discovered during on- site investigations, all building materials containing lead-based paint shall be removed in accordance with CaVOSHA lead in construction standard, Title 8, CCR 1532. 1, hicludirre employee training, employee air monitoring, and dust control, Any debris or soil containing lead-based paint or coatings shall be disposed of at landfills that meet acceptance criteria for the waste being disposed or. Demolition and the transport and disposal shall be performed in conformance with these federal, state, and local laws and regulations shall avoid significant exposure o(con5truction workers and,'or the public to lead-based paint, HNI-2 Prior to site Plan approval, the City of Newport Prior to site plan City of Beach shall file a notice (if Proposed approval Newport Construction or Alteration with FAA (FAA, Beach Form 7460-1) in accordancewith Federal planning Aviation Regulation (FAR) Part 17, Following Department FAA's aeronautical study of the project site, the proposed project shall comply with condition-, of approval imposed or recommended by FAA. Subsequent to these Findings, the City shall refer the proposed project to the Orange County Airport Land Use Commission for consistence 1/0 Planning Commission Resolution No. 1816 Newport Business Plaza (PA2008 -164) Pace 14 of 19 analysis. The Director of planning, or designee, Thai] verify that the City has ieccivcd a Determination of No Hazard to A;r Navisatlon prior to the issuance of building permits for the northern parcel, Noise N -t All noise - producing project equipment and During final design City of vehicles using internal combustion engines shall and prior ti, plan Ner+port be equipped with mufflers. air -inlet silencers check approval Beach Code ,;03cm appropriate, and any other shrouds, Enforcement shield;, or other noise - reducing features in good operating condtrion that meet or exceed ona.nal City of Factory specification, Mobile or fixed "package" Newport equipment (e.g., are welders, air compressors) Beach shad be equipped with shrouds and noise control Building features that are readily availublrs for that type of Department equipment. N »2 All mobile and fixed noise- producing equipment During grading, site City of used on the proposed project that is regulated for preparation, and Newport noise output by a local, state, or federal agency construction Beach Code shall Comply with such regulation while in the Enforcement course of project activity. City of Newport. Beach Building De artm -,ra N-3 Electrically powered equipment shall be used During final design City of instead of pneumatic or internal and prior to plan Newport combustion - powered equipment, where feasible. check approval Beach Code Enforcement During grading, site preparation, and City of Construction -Newport Beach Building Department N-4 Mobile noise- generatin; equipment and Durui„ grading, site City of machinery shall be shut off when not in use. preparation, and Newport construction Beach Code Enforcement Ciry of Newport Beach Building Department N-5 Material stockpiles and mobile equipment Durin_l, gmd'rng. site City of staging, parking, and maintenance areas shall be preparation, and Newport located as far as practical from noise- sensifve construction Beach Code receptors. Enforcement City of New ore Planning Commission Resolution No. 1816 Newport Business Plaza (PA2008-164) Page 15 of 19 U __ Beach Buildins: Departmcta N-6 Consuniction site and accv<,.i rondspeQd limits Dulin& grading, xitc City of --------- shall be established and ctil'orced during the preparation. and Newport construction period. construction Beach Code Enforcement City 01 Newport Beach Building 7.N-7_ The use of noise-producing signals, including During construction City of hosts, whistles, alarms, and bells, shall be for Newport safety warning purposes only. Beach Code Enforcement City of Newport Beach Building Department N-8 No project related public address or music During, gisahmil site City of system shall be audible at any adjacent receptor_ preparation, and Newport construction Beach Code Enforcement City of New-port Beach. Building Department N-9 The oil-site construction supervisor shall have During final design City of die responsibility and authority to receive and and prior to plan Newport resolve noise complaints. A clear appeal process check approval Beach Code to the project proponent shall be Enforcement prior to construction commencement that shalt During gradin&, site allow for resolution of noise problems that preparation, and City of cannot be immediately solved by the site construction Newport supervisor. Beach u i Id 1n; )a, .. U __ Planning Commission Resolution No. 1816 Newport Business Plaza (PA2008 -164) Paoe 16 of 19 EXHIBIT "B" CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP NO. NP2010 -006 A parcel map shall be recorded with the Orange County Clerk - Recorder Department, The Map shall be prepared on the California coordinate system (NAD83). Prior to recordation of the Map, . the surveyor/engineer preparing the Map shall submit to the County Surveyor and the City of Newport Beach a digital - graphic file of said map in a manner described in Section 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. The reap to be submitted to the City of Newport Beach shall comply with the City's CADD Standards. Scanned images will not be accepted. 2. Prior to recordation of the parcel map, the surveyor /engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Sections 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be set on each lot corner, unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of construction project. 3. All improvements shall be constructed as required by City Ordinance and the Public Works Department, and shall comply with all Building, Public Works and Fire Codes, 4. Redevelopment of the project site shall be in substantial conformance with the conceptual plans submitted with the application dated March 15, 2010, and on fife with the Planning Department. 5. No permanent structures may be built within the limits of any easement within the property, unless otherwise approved by the Public Works Department. 6. All work conducted within the public right -of -way shall be approved under an encroachment permit issued by the Public Works Department, 7. All applicable Public Works Department plan check fees, improvement bonds and inspection fees shall be paid prior to processing of the map by the Public Works Department. 8. County Sanitation District fees shall be paid prior to issuance of any building permits, if required by the Public Works Department or the Building Department. 9. Prior to recordation of the Parcel Map, fair share fees shall be paid in accordance with City Ordinance 94 -19 of the Newport Beach Municipal Code. � �3 Planning Commission Resolution No, 1816 Newport Business Plaza (PA2008 -164) Paoe 17 of 19 10. Additional Public Works improvements, including street and alley reconstruction, work may be required at the discretion of the Public Works Inspector. 11. If any of the existing public improvements surrounding the site is damaged by the private work, public works improvements including, but not limited to, curb and gutter, sidewalk, and alleylstreet reconstruction may be requited at the discretion of the Public Works Inspector: 12. An encroachment agreement shall be applied for and approved by the Public Works Department for all non - standard improvements within the public right -of -way andlor extensions of private, non - standard improvements into the public right -of -way fronting the development site. 13. The applicant shall remove and reconstruct the existing concrete driveway and approach on Jamboree Road per City Standards. 14. The applicant shall remove and replace the existing disabled access ramp at Jamboree Road and Campus Drive to meet current City Standards. 15. The applicant shall install raised truncated domes in the channelizing median /island on the southwest comer of Campus Drive and Jamboree Road to meet current ADA standards. 16. The applicant shall remove and replace any damaged curb, gutter and sidewalk along the Jamboree Road and Campus Drive frontages. Limits of said replacement shall be determined by the City Public Works Inspector. 17. Arrangements shall be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements if it is desired to record a parcel map or obtain a building permit prior to completion of the public improvements. 18. Overhead utilities serving the site shall be undergrounded to the nearest appropriate pole in accordance with Section 19.28.090 of the Municipal Code unless it is determined by the City Engineer that such undergrounding is unreasonable or impractical. 19. Each commercial unit shall be connected to its individual water meter and sewer lateral and cleanout located within the public right -of -way. If installed at a location that will be sub1ected to vehicle traffic, each water meter and sewer deanout shall be installed with a traffic-grade box/frame and cover. 20. Each commercial unit shall be served with an individual water service and sewer lateral connection to the public water and sewer systems, unless otherwise approved by the Public Works Department and the Building Department, 21. Each commercial unit shall be served with individual gas and electrical service connection and shall maintain separate meters for the utilities. uq Planning Commission Resolution No. 1816 Newport Business Plaza (PA2008 -164) Paoe 18 of 19 22. In accordance with the provisions of Chapter 13 (or any other applicable chapters) of the Newport Beach Municipal Code, additional street trees may be required and existing street trees shall be protected in place during construction of the subject project, unless otherwise approved by the General Services Department and the Public Works Department through an encroachment permit or agreement. 23. All improvements shall comply with the City's sight distance requirement. See City Standard 11 o-L. 24. The parking layout shall comply with City Standard #805 -L -A & B. Parking and circulation shall be subject to further review by the City Traffic Engineer. 25. All on -site drainage shall comply with the latest City Water Quality requirements. 26. All existing drainage facilities in the public right -of -way shall be retrofitted to comply with the City's on -site non -storm runoff retention requirements, The Public Works Inspector shall field verify compliance with this requirement prior to recordation of the parcel map. 27. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. 28, 1n compliance with the requirements of Chapter 9.04, Section 901.4.4, of the Newport Beach Municipal Code, approved street numbers or addresses shall be placed on all new and existing buildings in such a location that is plainly visible and legible from the street or road fronting the subject property. Said numbers shall be of noncombustible materials, shall contrast with the background, and shall be either internally or externally illuminated to be visible at night. Numbers shalt be no less than four inches in height with a one -inch wide stroke. The Planning Department Plan Check designee shall verify the installation of the approved street number or addresses during the plan check process for the new or remodeled structure. 29. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the Newport Business Plaza including, but not limited to, the General Plan Amendment No, GP2008 -007, Planned Community Development Plan Amendment No. PD2009 -001, and Tentative Parcel Map No. NP2010 --006, This indemnification shall include, but not be limited to; damages awarded against the City, if any, costs of suit, attorneys` fees, and other expenses incurred in connection with such claim, action,, causes of action, �6 Planning Commission Resolution No, 1816 Newport Business Plaza (PA2008 -164) Page 19 of 19 suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. 30. This Parcel Map shall expire if the map has not been recorded within three years of the date of approval, unless an extension is granted by the Planning Director in accordance with the provisions of Section 19.16 of the Newport Beach Municipal Code. Mitigation Measures 31. The applicant shall comply with all mitigation measures and standard conditions contained within the approved Mitigation Monitoring and Reporting Program of the adopted Mitigated Negative Declaration (Exhibit "A °) for the project. lt4