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HomeMy WebLinkAbout1738 - RECOMMEND APPROVAL OF THE NORTH NEWPORT CENTER ADDENDUM TO THE ENVIRONMENTAL IMPACT REPORT FOR THE CITY OF NEWPORT BEACH GENERAL PLAN 2006 UPDATERESOLUTION NO. 1738 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING APPROVAL OF THE NORTH NEWPORT CENTER ADDENDUM TO THE ENVIRONMENTAL IMPACT REPORT FOR THE CITY OF NEWPORT BEACH GENERAL PLAN 2006 UPDATE (STATE CLEARINGHOUSE NO. 2006011119) WHEREAS, The Irvine Company has applied to the City of Newport Beach for approval of the following project (the "Project'): 1. Zoning Amendment specified in the North Newport Center Planned Community Development Plan to allow future development in North Newport Center, which consists of parts of Newport Center Block 500, Newport Center Block 600, parts of San Joaquin Plaza, and Fashion Island. 2. Development Agreement No. DA2007 -002, entitled the Zoning Implementation and Public Benefit Agreement Between the City of Newport Beach and The Irvine Company LLC Concerning North Newport Center (Fashion Island, Block 500, Block 600, and San Joaquin Plaza), to allow future development on the Property. 3. Transfer of development rights specified in the Development Agreement as follows: The transfer to Block 500 of development rights for development of approximately 277,161 square feet currently assigned to Newport Center Block 600 and designated for office, hotel, and supporting retail uses, of which up to 72,000 square feet may be utilized by the City for a City Hall building. 4. Traffic Study No. TS2001 -001 to evaluate potential traffic impacts and circulation system improvements. 5. North Newport Planned Community Affordable Housing Implementation Plan ( "AH I P "). WHEREAS, the City of Newport Beach has prepared an Addendum to the City of Newport Beach General Plan 2006 Update Final Environmental Impact Report for the Project ( "North Newport Center Addendum "). WHEREAS, the Planning Commission of the City of Newport Beach did, on November 15 and November 29, 2007, hold a duly- noticed Public Hearing to consider the Project and the North Newport Center Addendum. WHEREAS, the Planning Department has determined that the North Newport Center North Newport Center Addendum complies with the requirements of the California Environmental Quality Act. WHEREAS, after thoroughly considering the North Newport Center Addendum, EIR No. 2006011119, the public testimony and written submissions, if any, of all interested persons desiring to be heard, the Planning Commission finds the following facts, findings, and reasons to justify certifying the North Newport Center Addendum: 1. On July 25, 2006 , the City Council certified the adequacy and completeness of EIR No. 2006011119 for the General Plan 2006 Update by adopting Resolution No 2006- 75. in accordance with section 15168(a) of the California Environmental Quality Act (CEQA) Guidelines, the City prepared EIR No. 2006011119 as a Program Environmental Impact Report. The Program Environmental Impact Report reviews the existing conditions of the City and North Newport Center, analyzes potential environmental impacts from implementation of the General Plan Update, identifies policies from the proposed General Plan Update that serve to reduce and minimize impacts, and identifies additional mitigations measures, if necessary to reduce potentially significant impacts of the General Plan Update. 2. No substantial changes will occur with respect to the circumstances under which the implementation of the General Plan for the Project, which will or would require major revisions of EIR No. 2006011119, due to the involvement of new significant environmental effects or a substantial increase in the severity of the significant effects previously identified in EIR No. 2006011119. 3. No new information of substantial importance which was not known, and could not have been known with the exercise of reasonable diligence, at the time EIR No. 2006011119 was certified /approved as complete, has become available which shows any of the following: (A) The Project will have one or more significant effects not discussed in EIR No. 2006011119; (B) Significant effects previously examined will be substantially more severe than shown in EIR No. 2006011119; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the Project, but the City declines to adopt the mitigation measures or alternatives; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in EIR No. 2006011119 would substantially reduce one or more significant effects on the environment, but the City declines to adopt the mitigation measures or alternative. 4. Based upon these findings and the North Newport Center Addendum, the Planning Commission has determined that no Subsequent EIR or Supplemental EIR is required or appropriate under Public Resources Code section 21166 and 14 Cal. Admin. Code § § 15162;15163 and 15164, and that an North Newport Center Addendum is sufficient to make EIR No. 2006011119 apply to the Project. The North Newport Center Addendum, which was prepared to evaluate whether the Project would cause any new or potentially more severe significant adverse effects on the environment, specifically analyzed, in addition to several other potential impacts, potential impacts related to aesthetics, climate change and traffic. The analysis and conclusions for potential traffic impacts were based on, and relied upon, traffic studies entitled Newport Center Trip Transfer Traffic Study and North Newport Center Traffic Phasing Ordinance Traffic Study (Austin -Foust Associates, Inc.), attached to the North Newport Center Addendum and which, together with the North Newport Center Addendum, provide the substantial evidence upon which the Planning Commission's findings provided herein are based. Based upon.the facts and analysis contained in the North Newport Center Addendum, the Planning Commission finds that the Project will not have, when compared to EIR No. 2006011119, any new or more severe adverse environmental impacts, including, without limitation, no new or more severe significant adverse impacts related to aesthetics, climate change or traffic. The Planning Commission makes the following more specific finding: The North Newport Center Addendum specifically analyzes the Projects's potential impacts on traffic and circulation, based upon traffic studies entitled Newport Center Trip Transfer Traffic Study and North Newport Center Traffic Phasing Ordinance Traffic Study (Austin -Foust Associates, Inc.), attached to the North Newport Center Addendum. Based upon the facts and analysis contained in the North Newport Center Addendum and the traffic studies, the Planning Commission finds that the Project will not have any new or more severe significant traffic or circulation impacts. 5. The Project does not have the potential to degrade the quality of the environment, substantially reduce the habitat of 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 rare or endangered plants or animals or eliminate important examples of the major periods of California history or prehistory. 6. The Project does not have the potential to achieve short -term environmental goals, to the disadvantage of long -term environmental goals, as no new or more severe significant adverse effects on the environment have been identified by the North Newport Center Addendum. 7. The Project will not result in any new or more severe significant impacts which are individually limited, but cumulatively considerable, when viewed in connection with planned or proposed development in the immediate vicinity. 8. The Project will not have environmental effects that will adversely affect the human population, either directly or indirectly, in that no new or more severe significant impacts have been identified which would affect human health or public services. 9. These factual findings are based upon EIR No. 2006011119, the North Newport Center Addendum and all documents referred in or attached to it -- including, without limitation the traffic studies, the submissions of the applicant; the records and files of the City's Planning Department related to the Project; and any and all other documents referred to or relied upon by the Planning Commission. 10. The Planning Commission has considered the North Newport Center Addendum and EIR No. 2006011119, and has concluded that the North Newport Center Addendum reflects the independent judgment of the City. 11. The City has on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 California Code Regulations section 753.5(d). NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Newport Beach, as follows: That the above recitations are true and correct and constitute the findings of the Planning Commission for the North Newport Center Addendum. 2. That it does hereby recommend that the City Council certify the North Newport Center Addendum for the reasons set forth in this Resolution and as stated in the North Newport Center Addendum on file in the Planning Department. PASSED, APPROVED AND ADOPTED THIS 29TH DAY OF NOVEMBER 2007. AYES: Peotter, Cole. McDaniel and Hillgren NOES: Eaton and Hawkins ABSENT: Toercle / .. Hawkins, (Chairman . . n, Secretary ADDENDUM TO THE CITY OF NEWPORT BEACH GENERAL PLAN 2006 UPDATE FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT Prepared by: City of Newport Beach Community Development Department 3300 Newport Boulevard Newport Beach, California 92658 -8915 November 2007 Addendum to City of Newport Beach General Plan 2006 Update EIR TABLE OF CONTENTS Section Pace Section1.0 Introduction ........................................................................ ............................... 1.1 1.1 Purpose of Addendum ............................................... ............................1 -1 1.2 Previous Environmental Documentation and discretionary actions ... ..... 1 -2 Section 2.0 Project Description ............................................................ ............................... 2 -1 2.1 Project Location ........................................................ ............................2 -1 2.2 Project Characteristics ........................................ .................................. 2-1 2.2.1 North Newport Center PC Text .................. ............................... 2 -1 2.2.2 Transfer of Development Rights ................ ............................... 2 -3 2.2.3 Phased Land Use Development and Circulation Improvement -8 Plan (TPO Approval) .................................. ............................... 2 -3 2.2.4 Affordable Housing Implementation Plan (AHIP) ...................... 2 -4 2.2.5 Development Agreement ........................... ............................... 2 -4 2.2.6 Discretionary Actions .................................... ............................2 -4 Section 3.0 Environmental Analysis ..................................................... ............................... 3.1 3.1 Aesthetics ................................................................. ............................3 -1 3.2 Agricultural Resources .............................................. ............................3 -4 3.3 Air Quality ................................................................. ............................3 -4 3.4 Biological Resources ................................................. ............................3 -8 3.5 Cultural Resources ................................................... ...........................3 -10 3.6 Geology, Soils, and Mineral Resources .................... ...........................3 -12 3.7 Hazards and Hazardous Materials ........................... ...........................3 -14 3.8 Hydrology and Water Quality .................................... ...........................3 -17 3.9 Land Use and Planning ............................................ ...........................3 -20 3.10 Noise ........................................................................ ...........................3 -24 3.11 Population and Housing ........................................... ...........................3 -27 3.12 Public Services ........................................... ....................................... 3 -28 3.13 Recreation and Open Space .................................... ...........................3 -31 3.14 Transportation / Traffic ............................................... ...........................3 -33 3.15 Utilities and Service Systems ................................... ...........................3 -45 F% USERSI PLMSnarea%PA's1PAs- 20071PA2007- 15112007 -12 -I1 CCA2007 -11 -29 Draft Addenduru.doc I Tab(f Addendum to City of Newport Beach General Plan 2006 Update E!R TABLES Table Page 1 Development Area Summary ........................................................... ............................2 -3 2 Trip Generation Summary ............................................................... ...........................3 -35 3 One Percent Analysis ....................................... ............................... ...........................3 -36 4 ICU Summary ................................................... ............................... ...........................3 -40 5 Converted Uses ............................................... ............................... ...........................3 -42 EXHIBITS Exhibit Follows Page 1 Local Vicinity Map ............................................................................ ............................2 -2 2 Fashion Island, Block 500, Block 600, San Joaquin Boundaries ...... ............................2 -2 3 Existing and Proposed Zoning Designations .. .............................................................. 2 -2 P:%USERS%PLWSnaretltPA'e1P0. 20071PA2007 151M0712.11 CC12007 11 29 Draft mdendum doc h Tablf Addendum to City of Newport Beach General Plan 2006 Update EIR SECTION 1.0 INTRODUCTION 1.1 PURPOSE OF ADDENDUM This document, prepared pursuant to the California Environmental Quality Act (CEQA), constitutes an Addendum to the City of Newport Beach General Plan 2006 Update Program Final Environmental Impact Report (EIR) Screencheck No. 2006011119 certified on July 25, 2006. This Addendum was prepared in accordance with the provisions of the California Environmental Quality Act (CEQA), Public Resources Code § §21000, et seq., and the State CEQA Guidelines, California Code of Regulations § §15000, et seq. CEQA Guidelines §15164(a) states that "the lead agency or a responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred." Pursuant to CEQA Guidelines §15162(a), a subsequent Environmental Impact Report (EIR) or Negative Declaration is only required when: (1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. FAUSERSPLN15hareMPA's1PAs . 2007TPA200 -15112007 -12 -11 CCU007-11 -29 Draft Addendum doc 1 -1 Intro< Addendum to City of Newport Beach General Plan 2006 Update EIR The proposed North Newport Center Project includes the following City actions to implement the 2006 General Plan: 1. Approval of a zoning amendment to adopt the North Newport Center Planned Community Development Plan (herein referred to as the North Newport Center PC Text), including the reclassification of property to the Planned Community (PC) District and amendment to two existing Planned Community Development Plans; 2. Approval of a transfer of development rights, pursuant to General Plan policy, to convert unbuilt hotel entitlement to office entitlement and to relocate this entitlement and existing office and commercial development from Block 600 to Block 500; 3. Approval of a traffic study of the North Newport Center Phased Land Use Development and Circulation System Improvement Plan pursuant to the Traffic Phasing Ordinance (herein referred to as the TPO approval); 4. Approval of an Affordable Housing Implementation Plan (herein referred to as the AHIP) pursuant to the 2006 General Plan Housing Element; and 5. Approval of a Zoning Implementation and Public Benefit Agreement between the City of Newport Beach and The Irvine Company Concerning North Newport Center (herein referred to as the Development Agreement) pursuant to Newport Beach Municipal Code Section 15.45, Development Agreements The purpose of this Addendum is to analyze the potential differences between the impacts evaluated in the City of Newport Beach General Plan 2006 Update Final EIR, hereafter referred to as the General Plan EIR, and those that would be associated with the North Newport Center Project. As described in detail herein, there are no new significant impacts resulting from these changes nor is there any substantial increase in the severity of any previously identified environmental impacts. The potential impacts associated with these proposed changes would either be the same or less than the anticipated levels ascribed in the certified General Plan EIR. In addition, there are no substantial changes to the circumstances under which future development projects subject to the 2006 General Plan and PC Text would be undertaken. Therefore, in accordance with CEQA Guidelines §15164, this Addendum to the certified General Plan Final EIR is the appropriate environmental documentation for the North Newport Center PC Text. Pursuant to §15367 of the State CEQA Guidelines, the City of Newport Beach (City) is the lead agency for the project. The lead agency is the public agency that has the principal responsibility for carrying out or approving a project that may have a significant effect upon the environment. Newport Beach has the authority for project approval and certification of the accompanying environmental documentation. In taking action on any of the approvals outlined in Section 2.0, Project Description, the City, as the lead agency and decision making body, must consider the whole of the data presented in the General Plan EIR and this Addendum to the General Plan EIR. 1.2 PREVIOUS ENVIRONMENTAL DOCUMENTATION AND DISCRETIONARY ACTIONS The General Plan EIR was certified adequately addressing the potential City of Newport Beach, inclusive o f Plaza (North Newport Center). The actions being addressed as part addressed in Section 2.0, Project by the Newport Beach City Council on July 25, 2006, as environmental impacts associated with the buildout of the Fashion Island, Block 500, Block 600, and San Joaquin location of North Newport Center, approvals granted, and of this Addendum to the General Plan EIR are further Description. The adopted 2006 General Plan placed the F.\USERSIPW Shared\PA§1PAS - 2007�PA2 00 7- 1 51120 0] -12 -11 CG2007 -11 29 0raft Add.n&m.doc 1 -2 Intro1 Addendum to City of Newport Beach Genera! Plan 2006 Update EIR following designations on the four sub -areas included in the Project and analyzed full implementation of entitlements for Fashion Island, Block 500, Block 600, and San Joaquin Plaza. Fashion Island Regional Commercial (CR) Block 500 Mixed Use Horizontal 3 (MU -H3) and Open Space (OS) Block 600 Mixed Use Horizontal 3 (MU -H3) and Open Space (OS) San Joaquin Plaza Mixed Use Horizontal 3 (MU -H3) and Open Space (OS) When a project is large and complex, such as a General Plan update, and will be implemented over a multi -year period, a Program EIR enables the lead agency to approve the overall program. When individual activities within the program are proposed, the agency is then required to examine the individual activities to determine if their effects were adequately analyzed in the Program EIR. Consistent with CEQA Guidelines §15162, the lead agency can approve the activities as being within the scope of the project covered by the Program EIR. The State CEQA Guidelines §15168(a) defines a Program EIR as: ...an EIR which may be prepared on a series of actions that can be characterized as one large project and are related either: (1) Geographically, (2) A logical parts in the chain of contemplated actions, (3) In connection with issuance of rules, regulations, plans, or other general criteria to govern the conduct of a continuing program, or (4) As individual activities carried out under the same authorizing statutory or regulatory authority and having generally similar environmental effects which can be mitigated in similar ways. The State CEQA Guidelines §15168(c)(2) states: (2) If the agency finds that pursuant to Section 15162, no new effects could occur or no new mitigation measures would be required, the agency can approve the activity as being within the scope of the project covered by the program EIR, and no new environmental document would be required. As previously noted, CEQA Guidelines §15162(a) states that a subsequent EIR is not necessary in the absence of the following: (1) substantial changes to the project, (2) substantial changes to the project circumstances, or (3) new information of substantial importance. Use of a Program EIR for the update of the General Plan afforded the City many advantages that would not be realized if projects had been evaluated on an action -by- action basis. These advantages are outlined in CEQA Guidelines §15168(b), which states: "The Program EIR can: (1) Provide an occasion for a more exhaustive consideration of effects and alternatives than would be practical in an EIR on an individual action, (2) Ensure consideration of cumulative impacts that might be slighted in a case - by -case analysis, (3) Avoid duplicative reconsideration of basic policy considerations, F WSERSTLMShBr MPA's1PAs - 200TPA2 0 01- 1 5112 0 0] -12 -11 CD2007-11 -28 Draft Addendvm.doc 1 -3 (ntrot Addendum to Citv of Newoort Beach General Plan 2006 Uodate EIR (4) Allow the Lead Agency to consider broad policy alternatives and program - wide mitigation measures at an early time when the agency has greater flexibility to deal with basic problems or cumulative impacts, and (5) Allow reduction in paperwork." Page 1 -1 of the General Plan EIR states: "This EIR has been prepared as a Program EIR pursuant to Section 15168 of the CEQA Guidelines... This EIR will review the existing conditions of the City of Newport Beach and the Planning Area, analyze potential environmental impacts from implementation of the proposed General Plan Update, identify policies from the proposed General Plan Update that serve to reduce and minimize impacts, and identify additional mitigation measures, if necessary, to reduce potentially significant impacts of the General Plan Update." Page 1 -4 of the General Plan EIR states: "This EIR has been prepared to analyze potentially significant environmental impacts associated with future development resulting from implementation of the proposed General Plan Update, and also addresses appropriate and feasible mitigation measures or project alternatives that would minimize or eliminate these impacts." Page 1 -5 states: "The proposed General Plan Update will serve as a comprehensive document that will guide future potential growth and development within the City... The EIR will analyze all aspects of the proposed General Plan Update to determine whether any aspect of the project, either individually or cumulatively, may cause a significant effect on the environment with regards to the environmental issues [identified in the EIR]." As such, the General Plan Final EIR assessed potential impacts associated with the implementation of land uses set forth in the General Plan, including land use changes due to full implementation of entitlements for Fashion Island, Block 500, Block 600, and San Joaquin Plaza under the General Plan Update. Page 3 -15 of the General Plan EIR states: "The Plan allows for expanded retail opportunities at Fashion Island, including an additional anchor department store and ancillary shops, another hotel or additions to existing hotels, and 600 additional housing units." The Draft EIR for the City of Newport Beach General Plan Update analyzed 600 housing units in Newport Center, which includes Fashion Island, Block 500, Block 600, and San Joaquin Plaza. Through Planning Commission and City Council hearings the 600 housing units were reduced to a maximum of 450 units. This reduction is reflected in Volume 1A -Final Environmental Impact Report (Draft EIR Changes and Responses to Comments). The 2006 General Plan also documented the approval of these 450 residential units for Newport Center.a Of the 450 units permitted in Newport Center by the adopted 2006 General Plan, 430 units are incorporated into this proposed PC Text Amendment. Previous Discretionary Actions The following City of Newport Beach Ordinances and Resolutions related to development of the four sub -areas are listed below and incorporated herein by reference and made a part hereof: Fashion Island Planned Community Development Plan (adopted November 23, 1987) Amendment No. 632, Ordinance No. 87 -45, November 23, 1987 Amendment No. 699; Resolution No. 90 -7, February 12, 1990 Amendment No. 701, Resolution No. 91 -22, March 11, 1991 Amendment No. 811, Resolution No. 94 -102, November 14, 1994 a City of Newport Beach, General Plan, July 25, 2006, Table LU -2, pages 3 -18 to 3 -20. F9US ERSIPLM $hare6PA's1PA5.20071PA2 0 0 7- 1 5112 0 0 7 -1 2 -11 CCV007 -11 -29 Draft Addwdum.doc 1 -4 Intro( Addendum to City of Newport Beach General Plan 2005 Update EIR ' Amendment No. 825, Resolution No. 95 -115, October 9, 1995 Amendment No. 889, Ordinance No. 99 -27, November 8, 1999 PD 2002 -002, Ordinance No. 2003 -001, January 28, 2003 Block 500 Amendment No. 827, Ordinance No. 95 -32, August 28, 1995 San Joaquin Plaza Ordinance No. 1649, adopted by the City of Newport Beach on December 22, 1975 (Amendment No. 455) Amendment No. 1: March 12, 1979, P.C. Amendment No. 527; Resolution No. 9517 Amendment No. 2: November 23, 1987, P.C. Amendment No. 653; Resolution No. 87 -164 Amendment No. 3: January 13, 1992, P.C. Amendment No. 729; Resolution No. 92 -5 Amendment No. 4: April 27, 1992, P.C. Amendment No. 755; Resolution No. 92 -33 Amendment No. 5: October 9, 1995, P.C. Amendment No. 825, Resolution No. 95 -115 Amendment No. 6: March 22, 2005, Code Amendment No. 2004 -013; Resolution No. 1656, Ordinance 2005 -3 Block 600 Ordinance No. 1719, adopted by the City of Newport Beach on March 28, 1977 (Amendment No. 483) Ordinance No. 92 -45, adopted by the City of Newport Beach on November 9, 1992 (Amendment No. 771) GPA 97 -3 (D), adopted by the City of Newport Beach on June 22, 1998 (Resolution No. 98- 48) F:\USERS\PLMShared PA :s\PAS - 200I1PA2007- 151 @001 -12 -11 CCA2007 11 -29 Draft AddenO.A.c 1 -5 Intro( Addendum to City of Newport Beach General Plan 2006 Update E!R SECTION 2.0 PROJECT DESCRIPTION 2.1 PROJECT LOCATION Fashion Island, Block 500, Block 600, and San Joaquin Plaza are located in Newport Center in the City of Newport Beach, California. As depicted in Exhibit 1, Newport Center is generally bound by San Joaquin Hills Road to the northeast, MacArthur Boulevard to the southeast, Jamboree Road to the northwest, and Coast Highway to the southwest. Fashion Island is an approximate 75 -acre regional shopping center located in the center of Newport Center; Newport Center Drive is a ring road that connects to a roadway system providing access to the various blocks that form Newport Center. Block 500 (approximately 15 acres) is generally bound by San Joaquin Hills Road to the northeast, an internal access road and Avocado Avenue to the south, Newport Center Drive to the southwest, and Santa Rosa Drive to the west. Block 600 (approximately 25 acres) is generally bound by San Joaquin Hills Road to the northeast, Santa Rosa Drive to the southeast, Newport Center Drive to the southwest, and Santa Cruz Drive to the west. San Joaquin Plaza (approximately 23 acres) is generally bound by San Joaquin Hills Road to the northwest, San Clemente Drive to the south, Santa Cruz Drive to the east, and Santa Barbara Drive and internal access roads to the west. The four sites are depicted on Exhibit 2. The areas surrounding Fashion Island, Block 500, Block 600, and San Joaquin Plaza are developed. To the north of Block 500, Block 600, and San Joaquin Plaza across San Joaquin Hills Road, land uses include residential and a golf course within The Big Canyon Planned Community (PC 8). Uses to the south of Fashion Island are predominately commercial. To the south of Block 500 are medical and commercial office uses. To the south of San Joaquin Plaza are multi - family residential and commercial office uses. To the west are commercial uses, residential uses, the Marriott Hotel, and the Newport Beach Country Club. To the east, across MacArthur Boulevard are residential uses. 2.2 PROJECT CHARACTERISTICS 2.2.1 NORTH NEWPORT CENTER PC TEXT The City of Newport Beach Municipal Code allows a "Planned Community District' to address land use designation and regulations in Planned Communities. The proposed project is the adoption of the North Newport Center PC Text, which incorporates Fashion Island, Block 600, and portions of Block 500 and San Joaquin Plaza owned by The Irvine Company (Applicant) into a single Planned Community District. Concurrently, the existing Block 500 PC Text and the San Joaquin Plaza PC Text would be amended to remove identified portions of Block 500 and San Joaquin Plaza from their respective Planned Community Districts, and the Newport Beach Zoning Code would be amended to remove Block 600 from the Administrative Professional Financial zoning district. The purposes of a Planned Community District, as stated in the Municipal Code are as follows: 20.35.10 Specific Purposes The PC district is intended to: A. To provide for the classification and development of parcels of land as coordinated, comprehensive projects so as to take advantage of the F:WSEPSIPLMSharMd PA'sTAs . 200nPA2007451%2007 -12 -11 M2007.11.29 Dmft Addendum.dx 2-1 EnVlr Addendum to City of Newport Beach General Plan 2006 Update EIR superior environment which can result from large -scale community planning; B. To allow diversification of land uses as they relate to each other in a physical and environmental arrangement while insuring substantial compliance with the spirit, intent and provisions of this Code; C. To include various types of land uses, consistent with the General Plan, through the adoption of a development plan and text materials which set forth land use relationships and development standards. The PC Text has been prepared to implement and be consistent with the adopted 2006 City of Newport Beach General Plan (General Plan) and City of Newport Beach General Plan 2006 Update Final EIR (General Plan EIR). The proposed PC Text reflects the uses and designations permitted under the 2006 General Plan. No changes to the existing 2006 General Plan land use designations are required. The existing General Plan land uses designations for the four sub- areas are as follows: Fashion Island Regional Commercial (CR) Block 500 Mixed Use Horizontal 3 (MU -1­113) and Open Space (OS) Block 600 Mixed Use Horizontal 3 (MU -1­113) and Open Space (OS) San Joaquin Plaza Mixed Use Horizontal 3 (MU -1­113) and Open Space (OS) The existing zoning designations for the four sub -areas are as follows. Adoption of the North Newport Center PC Text would incorporate Fashion Island, Block 600, and portions of Block 500 and San Joaquin Plaza owned by The Irvine Company (Applicant) to create the North Newport Center PC Text. The existing and proposed zoning designations are shown on Exhibit 3. Fashion Island Planned Community (PC -35 Fashion Island) Block 500 Planned Community (PC -46 Block 500) Block 600 Administrative, Professional, Financial (APF); Open Space (OS) San Joaquin Plaza Planned Community (PC -19 San Joaquin Plaza) As identified on Table 1, the proposed amendment to the PC Text would incorporate the intensities set forth in the adopted 2006 General Plan. Future implementation of entitlements for Fashion Island, Block 500, Block 600, and San Joaquin Plaza would not allow for any increase in development intensities beyond that permitted by the General Plan for these sub - areas. The PC Text identifies the permitted land uses and development standards that will be used to guide future development. As previously noted, Fashion Island is a regional shopping center located in the center of the . larger Newport Center area. The proposed PC Text envisions Fashion Island to incorporate uses including retail, restaurants, bars, theater /nightclubs and services. The proposed PC Text provides that Blocks 500 and 600 and San Joaquin Plaza may be developed as a regional mixed use center incorporating administrative, professional, and financial uses together with hotel and residential uses and retail and other commercial uses. F:%USERSIPLN%SOS1edWA's1PAS- 2007 \PA20071511 2007 -12 -11 CC12007-1129 D.R Addendum.doc 2 -2 EnVb Addendum to Citv of Newport Beach General Plan 2006 Update EIR TABLE 1 DEVELOPMENT AREA SUMMARY 2.2.2 TRANSFER OF DEVELOPMENT RIGHTS The 2006 General Plan also allows a transfer of development rights within Newport Center in accordance with the following Land Use Element policy: LU 6.14.3 Transfers of Development Rights Development rights may be transferred within Newport Center, subject to the approval of the City with the finding that the transfer is consistent with the General Plan and that the transfer will not result in any adverse traffic impacts. As part of the Project, The Irvine Company, herein referred to as Applicant, is proposing to transfer a portion of the existing development rights from Block 600 to Block 500. The transfer includes the conversion of 165 unbuilt hotel rooms to office space, and the transfer of this entitlement to Block 500. It also includes the removal of the following existing uses from Block 600, and transfer of this entitlement to Block 500: 17,300 square feet (sf) of health club, 16,444 sf of restaurant, and 8,289 sf of office. Up to 72,000 sf of the transferred development rights could be used for a new City Hall in Block 500. 2.2.3 PHASED LAND USE DEVELOPMENT AND CIRCULATION IMPROVEMENT PLAN (TPO APPROVAL) The Project is not expected to be completed within 60 months of approval, and it includes a circulation improvement plan, explained in detail in the Development Agreement. The Project therefore qualifies as a Phased Land Use Development and Circulation Improvement Plan under the City's Traffic Phasing Ordinance, Municipal Code §15.40.030.6.2. A traffic study has been prepared pursuant to the Traffic Phasing Ordinance, and "feasible mitigation" (consistent with the 2006 General Plan Circulation Element) is part of the Project. This mitigation is that the Applicant will construct a third eastbound turn lane at the intersection of MacArthur Boulevard and San Joaquin Hills Road. Consistent with the TPO, this improvement will be completed early in the development phasing (i.e., before issuance of a certificate of occupancy for the first building [other than a parking structure]) constructed as part of the Project, but in no event later than 60 months from the operative date of the Development Agreement. In addition, the Applicant will work with the City on design and development of circulation enhancements in the FaUSERSIPLNIShare&PNsTP - 20071PA20071511 200712 -11 CO2007 -11 -29 Draft Addendum.doc 2 -3 Envi7 San Joaquin Fashion Island Block 500 Block 600 Plaza Land Use (75 acres) (15.29 acres) (25 acres) (23.2 acres) Total Regional Commercial 1,619,525 sf 0 0 0 1,619,525 sf Movie Theatre 1,700 seats 1,700 seats (27,500 sf) (27,500 sf) Hotel (a) (b) 425 rooms (b) (b) 490 rooms Residential 0 (c) (c) I (c) 430 du Office /Commercial 0 285,142 sf 1,001,634 sf 337,261 sf 1,746,979 sf sf: square feet du: dwelling unit a Hotel rooms are permitted in Fashion Island through the transfer of available square footage. b 65 hotel rooms may be relocated in either Block 500, Block 600, or San Joaquin Plaza. In no case shall the total number of hotel rooms in the Fashion Island /Block 500 /Block 600 /San Joaquin Plaza Planned Community exceed 490. c. Residential units are permitted in Block 500, Block 600, and San Joaquin Plaza. In no case shall the total number of dwelling units exceed 430. 2.2.2 TRANSFER OF DEVELOPMENT RIGHTS The 2006 General Plan also allows a transfer of development rights within Newport Center in accordance with the following Land Use Element policy: LU 6.14.3 Transfers of Development Rights Development rights may be transferred within Newport Center, subject to the approval of the City with the finding that the transfer is consistent with the General Plan and that the transfer will not result in any adverse traffic impacts. As part of the Project, The Irvine Company, herein referred to as Applicant, is proposing to transfer a portion of the existing development rights from Block 600 to Block 500. The transfer includes the conversion of 165 unbuilt hotel rooms to office space, and the transfer of this entitlement to Block 500. It also includes the removal of the following existing uses from Block 600, and transfer of this entitlement to Block 500: 17,300 square feet (sf) of health club, 16,444 sf of restaurant, and 8,289 sf of office. Up to 72,000 sf of the transferred development rights could be used for a new City Hall in Block 500. 2.2.3 PHASED LAND USE DEVELOPMENT AND CIRCULATION IMPROVEMENT PLAN (TPO APPROVAL) The Project is not expected to be completed within 60 months of approval, and it includes a circulation improvement plan, explained in detail in the Development Agreement. The Project therefore qualifies as a Phased Land Use Development and Circulation Improvement Plan under the City's Traffic Phasing Ordinance, Municipal Code §15.40.030.6.2. A traffic study has been prepared pursuant to the Traffic Phasing Ordinance, and "feasible mitigation" (consistent with the 2006 General Plan Circulation Element) is part of the Project. This mitigation is that the Applicant will construct a third eastbound turn lane at the intersection of MacArthur Boulevard and San Joaquin Hills Road. Consistent with the TPO, this improvement will be completed early in the development phasing (i.e., before issuance of a certificate of occupancy for the first building [other than a parking structure]) constructed as part of the Project, but in no event later than 60 months from the operative date of the Development Agreement. In addition, the Applicant will work with the City on design and development of circulation enhancements in the FaUSERSIPLNIShare&PNsTP - 20071PA20071511 200712 -11 CO2007 -11 -29 Draft Addendum.doc 2 -3 Envi7 Addendum to City of Newport Beach General Plan 2006 Update EIR North Newport Center area, consistent with the General Plan Circulation Element, including widening of Avocado Avenue between San Miguel Drive and San Nicolas Drive, dedication of public right -of -way and enhancement of San Miguel Drive between MacArthur Boulevard and Avocado Avenue, and installation of traffic signals on Newport Center Drive. 2.2.4 AFFORDABLE HOUSING IMPLEMENTATION PLAN (AHIP) The 2006 General Plan Housing Element requires an Affordable Housing Implementation Plan (AHIP) for any development including more than 50 dwelling units. The North Newport Center AHIP describes how the Applicant would provide affordable housing to meet the Housing Element goal of 15 percent. The Applicant may build new affordable units, restrict income and rent levels for existing apartments in the vicinity of North Newport Center, or a combination of these methods. The exact number of units may vary, depending on the income levels served, and all units must be affordable for a period of 30 years. 2.2.5 DEVELOPMENT AGREEMENT As a part of the project, a Development Agreement is proposed between the City of Newport Beach and The Irvine Company. Key provisions of the proposed Development Agreement are as follows. • Cancellation of Circulation Improvement and Open Space Agreement and Bonita Canyon Annexation and Development Agreement • Vesting of North Newport Center development rights for 20 years • Payment of in -lieu park fees for 430 residential units, including early payment of a portion of fees as matching grant for OASIS Senior Center • Payment of public benefit fee to fund construction of new City Hall building or other municipal purpose • Circulation enhancements in the North Newport Center area • Four -year option for the City to purchase a site in Block 500 for City Hall as well as the use of 375 parking spaces. • Dedication of the site north of San Miguel Drive, west of MacArthur Boulevard, south of San Joaquin Hills Road and east of Avocado Avenue for open space, if a new City Hall is constructed on a site in Newport Center other than Block 500 • Limit on future increases in development fees • Limit on future amendments to Municipal Code pertaining to development of the North Newport Center property 2.2.6 DISCRETIONARY ACTIONS The City of Newport Beach, as the lead agency for the Project, would rely on the City of Newport Beach General Plan 2006 Update Program Final EIR and this Addendum as the primary environmental documentation for the approval of the discretionary actions discussed below. F] USERSPLWShared %PA's%PAS- 20MPA2 0 0 7- 1 511 2 0D1 -12 -11 CC12007-11-29 Crft Addendum -doc 2-4 Envir Addendum to Citv of Newoort Beach General Plan 2006 Uodate EIR Approval of the Addendum to the City of Newport Beach General Plan 2006 Update Final Program EIR: The North Newport Center Project requires the acceptance of the environmental document as having been prepared in compliance with CEQA and the State and City CEQA Guidelines, as well as certification that the information contained in the City of Newport Beach General Plan 2006 Update Final Program EIR and this Addendum was considered in the final decisions on the Project. Approval of the Planned Community Development Plan and Design Regulations Amendment No. PD2007 -003 as the North Newport Center Planned Community Development Plan and Design Regulations: The Project includes the adoption of the North Newport Center Planned Community Development Plan to incorporate Fashion Island, Block 600, and portions of Block 500 and San Joaquin Plaza owned by The Irvine Company into one PC District, and to provide consistency between the 2006 General Plan and the zoning designation for the four sub -areas of North Newport Center. Additionally, the Block 500 and San Joaquin Plaza PC Texts would be modified to remove areas to be included in the North Newport Center PC Text. • Code Amendment CA2007 -007: An amendment to Municipal Code is required to change the zoning classification of Block 600 from Administrative Financial Professional (APF) to Planned Community (PC) District and the open space corner lots in Block 500 and Block 600 from the Open Space (OS) District to the Planned Community (PC) District. • Approval of Transfer of Development Rights: The project includes the transfer of development rights from Block 600 to Block 500 pursuant to General Plan policy. The transfer of development rights requires approval of the City Council. • Traffic Study No. TS2007 -001: In accordance with Municipal Code Title 15, Chapter 15.40, the project is a Comprehensive Phased Land Use Development and Circulation System Improvement Plan as all phases of construction are not anticipated to be completed within 60 months of approval and the project is subject to a Development Agreement. As such, a Traffic Phasing Ordinance study has been prepared. • North Newport Center Planned Community Affordable Housing Implementation Plan: An Affordable Housing Implementation Plan is required by the 2006 General Plan Housing Element, and is included in the Project. • Development Agreement No. DA2007 -002: The Development Agreement between the City and Applicant would vest development rights and establish public benefits to the City. F: 1USERSIPLMSharediPA' 1PAS- 200TPA2007 451Q007 1211 CCM2007-11 -29 Dm Addendum dec 2 -5 Envir Addendum to Citv of Newport Beach General Plan 2006 Update EIR , SECTION 3.0 ENVIRONMENTAL ANALYSIS The analysis in this document will evaluate if the potential impacts associated with the subsequent approvals outlined in Section 2.0, Project Description, are substantially the same as those addressed in City of Newport Beach General Plan 2006 Update Final Program EIR. This evaluation includes a determination as to whether Project implementation would result in any new significant impacts or a substantial increase in a previously identified significant impact. If the comparative analysis identifies that there would be no change in impact from that identified in the General Plan EIR, a determination of "No Substantial Change from Previous Analysis" has been made. This analysis provides the City of Newport Beach with the factual basis for determining whether any changes in the project, any changes in circumstances, or any new information since the General Plan EIR was certified require additional environmental review or preparation of a subsequent or supplemental EIR. 3.1 The following thresholds of significance are as set forth in the General Plan EIR. It states: "For purposes of this EIR, implementation of the proposed project would have a significant adverse impact on aesthetic /visual quality if it would result in any of the following: • Have a substantial adverse effect a scenic vista • Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway • Substantially degrade the existing visual character or quality of the site and its surroundings Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area" No Substantial Change from Previous Analysis. Aesthetic and visual impacts have been previously analyzed as part of the General Plan EIR, which was prepared and certified pursuant to State and City CEQA Guidelines. Minor additions and /or clarifications are needed to make the previous document adequate to cover the actions that are currently proposed, which are documented below and serve as an Addendum to the General Plan EIR. Summary Analysis Have a Substantial Adverse Effect a Scenic Vista Page 4.1 -6 of the City of Newport Beach General Plan 2006 Update Final Program EIR (General Plan EIR) identifies that there are no officially designated scenic highways within the City. As such, Fashion Island, Block 500, Block 600, and San Joaquin Plaza are not designated as scenic vistas or located within a scenic preservation zone. Page 4.1 -9 of the General Plan EIR identifies a public coastal view is located along Newport Center Drive from Newport Center Drive east to west extending to Farallon Drive /Granville Drive, the beginning of which is located approximately 0.45 miles south of Block 600 and at the southern edge of Fashion Island. The General Plan EIR states that "...existing and future development would be regulated by the FUSE RS1PLNlShared%PA's \PAs 200APA200]- 1511200] -12 -11 CO2007-11 -29 DraOAodend...C.c 3 -1 Envi/ Addendum to City of Newport Beach General Plan 2006 Update EIR proposed General Plan Update policies, and scenic vistas would not be adversely affected. Therefore, impacts to scenic vistas would be less than significant." Substantially Damage Scenic Resources, Including, but not Limited to, Trees, Rock Outcroppings, and Historic Buildings within a State Scenic Highway The General Plan EIR identifies that there are no officially designated scenic highways in the City. State Route 1 (Coast Highway) is eligible for State Scenic Highway designation. Coast Highway is not contiguous to the Project. The General Plan EIR further states "Consequently, because no scenic highways are currently designated within the City, implementation of the proposed General Plan Update would have no impact." Substantially Degrade the Existing Visual Character or Quality of the Site and Its Surroundings The General Plan EIR identifies Newport Center /Fashion Island as an area of high overall visual quality (see page 4.1 -18). It further states "In these areas, new development allowed under the proposed General Plan Update would be done in such a way as to fit into the existing visual setting. Policy LU 1.1 requires that new development 'maintain and enhance' existing development." Policy LU 1.1 states: Maintain and enhance the beneficial and unique character of the different neighborhoods, business districts, and harbor that together identify Newport Beach. Locate and design development to reflect Newport Beach's topography, architectural diversity, and view sheds (See page 4.1 -24) Fashion Island, Block 500, Block 600, and San Joaquin Plaza are within the City's high -rise height limitation zone. Fashion Island height limits range from 40 feet to 125 feet as detailed in Section 5d. Development within Block 500 and Block 600 is permitted up to 375 feet high. The height limit for San Joaquin Plaza is 65 feet. Fashion Island is currently developed with retail, entertainment, services and supporting uses that serve local and regional residents. Block 500 is developed with general office and medical uses. Block 600 is currently developed with high - rise office and hotel buildings. San Joaquin Plaza contains business and professional office uses. Full implementation of entitlements for Fashion Island, Block 500, Block 600, and San Joaquin Plaza would be required to comply with the City's high -rise height limitations, compliment the height of existing buildings in Newport Center, and not create a significant shadow, or shading, impact. Shading describes the effect of shadows cast on adjacent areas by proposed structures. The proposed PC Text requires a that shade and shadow study be prepared for any structure over 200 feet in height that has the potential to affect the residential area located north of San Joaquin Hills Road (Big Canyon). The purpose of the study is to ensure that new development will not result in added shade and shadow to the residential area beyond existing conditions for more than three hours between the hours of 9 AM and 3 PM Pacific Standard Time, or for more than four hours between the hours of 9 AM and 5 PM Pacific Daylight Time. The General Plan EIR notes that the 2006 General Plan includes policies associated with aesthetic improvements such as landscaping, pedestrian amenities, and design standards for architecture and lighting. Future development projects in North Newport Center would be required to conform to these General Plan standards as well as standards set forth in the PC Text and its Design Regulations. The General Plan EIR states "Thus, the visual character would change as development intensity increased, but the impacts would not be considered F:% USERSlPLN %Shamd%PA's1PAs- 20DTPA2007- 15112007 -1211 CCU00711 -29 DreRAddendumAdo 3-2 Envi! Addendum to City of Newport Beach General Plan 2006 Update EIR + significantly adverse.... Therefore, the proposed General Plan Update would have a less -than- significant impact on the visual character of developed urban areas." (See page 4.1 -19) Create a New Source of Substantial Light or Glare, Which Would Adversely Affect Day or Nighttime Views in the Area The General Plan EIR notes that the city is primarily built out and currently has significant amounts of ambient light. It further notes that new development could create new sources of light and glare from uses such as exterior building lighting, parking lots and structures, reflective building surfaces, and vehicular headlines. Sources of light and glare could affect adjacent sensitive land uses generally considered to be undeveloped land and residential uses adjacent to commercial or industrial uses. The 2006 General Plan includes policies to address potential nighttime lighting impacts. These include policies to prevent lighting spillage onto adjacent properties while other policies allow the integration of land uses with requirements for addressing lighting for land use compatibility. The General Plan EIR states "Therefore, with implementation of the above- mentioned policies, nighttime lighting impacts and potential spillover would be Ies than significant." (See page 4.1 -22) The proposed Planned Community Development Plan and Design Regulations also contain lighting provisions to implement these General Plan policies. Mitigation Program Policies of the 2006 General Plan were adopted as a mitigation program that minimized impacts associated with buildout of the City of Newport Beach, including the implementation of future development in Fashion Island, Block 500, Block 600, and San Joaquin Plaza. The following condition is included in the North Newport Center PC Text relating shade and shadow: Prior to issuance of a building permit for a structure over 200 feet in height that has the potential to shade residential areas north of San Joaquin Hills Road, a shade study shall be prepared by the Applicant and submitted to the City. The shade study shall demonstrate that the new development will not add shade to the designated residential areas beyond existing conditions for more than three hours between the hours of 9 AM and 3 PM Pacific Standard Time, or for more than four hours between the hours of 9 AM and 5 PM Pacific Daylight Time. The shade study shall be prepared to the satisfaction of the Planning Director and the Planning Director shall determine conformance with the standards identified herein as part of the plan review process. Level of Significance After Mitigation Consistent with the findingF of the General Plan EIR, the General Plan EIR states "...all other project impacts associates with aesthetics and visual resources would be less than significant under the proposed Newport Beach General Plan Update .,,2 Finding of Consistency With General Plan EIR 3.2 2 Visual impacts associated with Banning Ranch were found to be unavoidable. Banning Ranch is not a part of the North Newport Center Project. F9USERSTLMSharedlPA 's1PAs- 200➢PA200r- 161=0] -12 -11 CCM07-112 Draft Adendum.doc 3-3 Envir Addendum to ON of Newoort Beach General Plan 2006 Update EIR PROJECT: NO SUBSTANTIAL CHANGES WOULD OCCUR WHICH WOULD REQUIRE MAJOR REVISIONS TO THE GENERAL PLAN EIR DUE TO THE INVOLVEMENT OF NEW SIGNIFICANT ENVIRONMENTAL EFFECTS OR A GENERAL PLAN EIR.AGRICULTURAL RESOURCES The General Plan EIR identifies that the topic of Agricultural Resources was focused out because the City of Newport Beach contains no designated farmland by the California Department of Conservation, Farmland Mapping Program, 3 no land designated Farmland would be converted to non - agricultural use as a result of implementation of the 2006 General Plan, no sites in the City are zoned for agricultural use, and no sites would be affected by a Williamson Act contract. (See page 6 -4) 3.3 AIR QUALITY The following thresholds of significance are as set forth in the General Plan EIR. It states: "For purposes of this EIR, implementation of the proposed project would have a significant adverse impact on air quality if it would result in any of the following: • Conflict with or obstruct implementation of the applicable air quality plan • Violate any air quality standard or contribute substantially to an existing or projected air quality violation • Result in a cumulatively considerable net increase of any criteria pollutant for which the project is in non - attainment under an applicable federal or State ambient air quality standard • Expose sensitive receptors to substantial pollutant concentrations • Create objectionable odors affecting a substantial number of people" No Substantial Change from Previous Analysis. Air quality impacts have been previously analyzed as part of the General Plan EIR, which was prepared and certified pursuant to State and City CEQA Guidelines. Minor additions and /or clarifications are needed to make the previous document adequate to cover the actions that are currently proposed, which are documented below and serve as an Addendum to the General Plan EIR. Summary Analysis Conflict With or Obstruct Implementation of the Applicable Air Quality Plan Result in a Cumulatively Considerable Net Increase of any Criteria Pollutant for Which the Project Is In Non - Attainment Under An Applicable Federal Or State Ambient Air Quality Standard The General Plan EIR identifies that projects that are consistent with the South Coast Air Quality Management District (SCAQMD) 2003 Air Quality Management Plan (AQMP) are those whose use and activities are consistent with the applicable assumptions used in the 3 California Department of Conservation, Farmland Mapping Program, important Farmland in California 2004 Map (2004) F. WSERSTLMSnare&PA'sTP - 200TPA2007 1511200] -12 -11 CQ2007 -11 -29 Drefl Addendum,doc 3-4 Envir Addendum to City of Newport Beach General Plan 2006 Update EIR development of the AQMP. Because the growth projections assumed for buildout of the 2006 General Plan are higher than what would have been assumed in the AQMP, the "...proposed General Plan Update would not be consistent with the AQMP attainment forecasts and attainment of the standards could be delayed.... this impact would be significant." This was identified as a project and cumulative unavoidable impact. As previously identified in Table 1 of this Addendum, total development (existing and future) for Fashion Island is 1,619,525 sf of regional commercial uses and 1,000 movie theatre seats; hotel uses are permitted through a transfer of development rights. Total development (existing and future) for Block 600 is 1,001,634 sf of office /commercial and 425 hotel rooms. Total office /commercial development is 285,142 sf for Block 500 and 337,261 sf for San Joaquin Plaza. In addition, 430 residential units and 65 hotel rooms may be developed in Blocks 500 or 600 or San Joaquin Plaza. Through the transfer of development rights included in the Project, the entitlement for 165 new hotel rooms and 42,036 sf of office /commercial use allocated to Block 600 is to be transferred to Block 500 for the development of 205,161 sf of office /commercial use in Block 500.The Project does not propose any new land uses, nor any additional intensity of development, not previously permitted and contemplated in the 2006 General Plan for the four sub - areas. As such, the Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the General Plan EIR. Violate Any Air Quality Standard or Contribute Substantially to an Existing or Projected Air Quality Violation The General Plan EIR identifies that construction related emissions could be mitigated but would be expected to remain significant and unavoidable. Future development in North Newport Center consistent with the assumptions of the 2006 General Plan may involve excavation, grading operations, building construction, and demolition of existing structures and pavement. All development will be required to comply with standard construction practices as set forth in the SCAQMD Handbook, including best management practices (BMPs) for the control of emissions. BMPs include control of fugitive dust through watering exposed surfaces, covering exposed ground, and sweeping streets. Additional measures involve construction traffic emission control including ensuring all vehicles and equipment are operating efficiently. It is anticipated that standard control measures would reduce potential impacts of air emissions and odors. Page 4.2 -13 of the General Plan EIR states: 'Implementation of the proposed General Plan Update would result in construction emissions that would contribute substantially to an existing or projected air quality violation " The General Plan EIR evaluated the effects of full implementation of entitlements for Fashion Island, Block 500, Block 600, and San Joaquin Plaza on air quality and accounted for construction impacts. The General Plan EIR concluded that despite implementation of General Plan Policies NR 8.1 through NR 8.5, which would help to reduce construction - related air quality impacts, the development contemplated in the General Plan would result in a significant and unavoidable air quality impact. The Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the General Plan EIR. Expose Sensitive Receptors to Substantial Pollutant Concentrations F: %USE RSTLWSharMPA'aPAS- 200TPA20074 511200 7 -1 21 1 M200711 -29 Dmft Addendundoc 3 -5 Envir Addendum to City of Newport Beach General Plan 2006 Update EIR The General Plan notes that the implementation of General Plan land uses is not expected to expose existing or future sensitive uses within the City to substantial carbon monoxide (CO) concentrations. This impact was determined to be less than significant for all uses in the City. As such, this conclusion would also be applicable to the North Newport Center Project. Create Objectionable Odors Affecting a Substantial Number of People Odors can occur from construction activities related to the operation of construction vehicles and the application of architectural coatings. Odors can also occur from operation of uses such as restaurants, manufacturing facilities, etc. The General Plan EIR notes uses such as restaurants are typically required to have ventilation systems; trash receptacles are required by City and Health Department regulations. The General Plan EIR states that "Consequently, implementation of the proposed General Plan Update would not create objectionable odors affecting a substantial number of people within the City and potential impacts would be less than significant." (See page 4.2 -17). No land uses or activities would be permitted in the North Newport Center District that would result in changes in the conclusions set forth in the General Plan EIR. Climate Change The proposed North Newport Center Project serves to implement the principal goals of the 2006 General Plan. These goals and policies include the following:" • A successful mixed -use district that integrates an economic and commercial center serving the needs of Newport Beach residents and the subregion, with expanded opportunities for residents to live close to jobs, commerce, entertainment, and recreation, and is supported by a pedestrian - friendly environment. • Provide the opportunity for limited residential, hotel, and office development in accordance with the limits specified by Tables LU1 and LU2. • Provide the opportunity for an additional anchor tenant, other retail, and /or entertainment and supporting uses that complement, are integrated with, and enhance the economic vitality of existing development. • Encourage that some new development be located and designed to orient to the inner side of Newport Center Drive, establishing physical and visual continuity that diminishes the dominance of surface parking lots and encourages pedestrian activity. • Encourage that pedestrian access and connections among uses within the district be improved with additional walkways and streetscape amenities concurrent with the development of expanded and new uses. • Encourage that new development in Fashion Island complement and be of equivalent or higher design quality than existing buildings. Reinforce the existing promenades by encouraging retail expansion that enhances the storefront visibility to the promenades and provides an enjoyable retail and pedestrian experience. 4 Ibid., pages 3 -97 to 3 -98. F: W$ ER$ lPLN1 $hare0kPA's1PAs- 20071PA2007. 151@ 007 -12 -010012007 -11.29 Dmh Addmdum.doc 3-6 Envir Addendum to City of Newport Beach General Plan 2006 Update EIR Full implementation of entitlements for Fashion Island, Block 500, Block 600, and San Joaquin Plaza consistent with the 2006 General Plan will assist the City in achieving its General Plan goals. Regarding long- term air quality impacts, the General Plan EIR states that the nature of Newport Center has the capacity to contribute to decreases in vehicle miles traveled because the project area promotes a mixed -use, pedestrian - friendly district.5 The Project is not expected to result in any climate change impacts due to greenhouse gas emissions beyond the impacts of the development set forth in the General Plan EIR. The General Plan EIR analyzed air quality impacts associated with buildout of future development in the City, inclusive of Fashion Island, Block 500, Block 600, and San Joaquin Plaza. The analysis included carbon dioxide (CO2) and other greenhouse gas emissions. As discussed above, the Project would not generate any new air quality impacts not already identified in the General Plan EIR. The Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the General Plan EIR. With respect to global climate change resulting from greenhouse gas emissions, no "new information of substantial importance' on climate change is now available that was not known and could not have been known when the City approved the General Plan EIR in 2006. For example, in 1979, the National Research Council published "Carbon Dioxide and Climate: A Scientific Assessment," which concluded that climate change was an accelerating phenomenon partly due to human activity. Numerous studies conducted before and after the National Research Council report reached similar conclusions. The State of California adopted legislation in 2002 requiring the California Air Resources Board to develop regulations limiting greenhouse gas emissions from automobiles. Consideration of strategies to control emissions of greenhouse gases which may contribute in some manner to global climate change is under consideration at all regulatory levels; however, there is no one agency responsible for regulating greenhouse gases, and there are no established standards to evaluate the significance of greenhouse gas emissions. However, the most common greenhouse gas emissions are from vehicle emissions (both construction and operational) and operational emissions from energy consumption. These issues have been addressed in General Plan EIR. Analyses prepared for or by California State Agencies on climate change issues do not provide for the provision of specific measures to incorporate into particular projects to reduce greenhouse gas emissions, except for generalized recommendations about such matters as encouraging jobs /housing proximity. The California Energy Commission recently explained that accessibility and mixed use are two factors that reduce vehicles trips, which are a major source of greenhouse gas emissions in California .6 The Project's incremental contribution to any cumulative global climate change impact is mitigated by various characteristics of the Project that serve to render its contribution less than cumulatively considerable. One of the main concerns raised by those concerned about the effect of greenhouse gases on climate change is that "leap frog" -type development would serve to potentially increase the number of vehicle miles traveled and consequently increase those vehicular emissions (i.e., CO2 that contribute to greenhouse gases). The Project would allow for City of Newport Beach, Final Environmental impact Report for the General Plan 2006 Update (State Clearinghouse No. 2006011119), July 26, 2006, page 4.2 -12. 6 California Energy Commission, The Role of Land Use in Meeting California's Energy and Climate Change Goals, Draft, June 26, 2007, pages 7, 17 -19. F WSERSPLMShamMPA' MPAS- 200nPA200715112007- 12- 11 CC12007 -11 -29 Draft Addendum.doc 3-7 Envil Addendum to City of Newport Beach General Plan 2006 Update EIR in -fill, mixed use development in an urbanized setting thereby providing opportunities to reduce vehicle trips. Mitigation Program Policies of the 2006 General Plan were adopted as a mitigation program that minimized impacts associated with buildout of the City of Newport Beach, including the implementation of future development in Fashion Island, Block 500, Block 600, and San Joaquin Plaza. Level of Significance After Mitigation Consistent with the findings of the General Plan EIR, the General Plan EIR identifies that there are no feasible mitigation measures to reduce the impact of increased population on implementation of the AQMP; to reduce cumulative impacts associated with construction emissions; or to reduce operational activities. These impacts would be significant and unavoidable. Finding of Consistency With General Plan EIR Pursuant to Section 15162 of the CEQA Guidelines, the City of Newport Beach has determined, on the basis of substantial evidence in the light of the whole record, that the North Newport Center Project does not propose substantial changes to the project; no substantial changes would occur which would require major revisions to the General Plan EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and no new information of substantial importance has been revealed since the certification of the General Plan EIR. 3.4 BIOLOGICAL RESOURCES The following thresholds of significance are as set forth in the General Plan EIR. It states: "For purposes of this EIR, implementation of the proposed project would have a significant adverse impact on biological resources if it would result in any of the following: • Have a substantial adverse effect, either directly or indirectly through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or the CDFG or USFWS • Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the CDFG or USFWS • Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means • 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 • Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance R% US EHSIPLMSOaredV PNSPAa- 200nPA2001- 151800] -12 -11 CC12007-11 -29 Drafl Addordum.doc 3 -8 Envit Addendum to City of Newport Beach General Plan 2006 Update EIR • 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 Substantial Change from Previous Analysis. Biological resources impacts have been previously analyzed as part of the General Plan EIR, which was prepared and certified pursuant to State and City CEQA Guidelines. Minor additions and /or clarifications are needed to make the previous document adequate to cover the actions that are currently proposed, which are documented below and serve as an Addendum to the General Plan EIR. Summary Analvsis Have a Substantial Adverse Effect, Either Directly or Indirectly Through Habitat Modifications, On Any Species Identified as a Candidate, Sensitive, or Special Status Species in Local or Regional Plans, Policies, or the CDFG or USFWS Have a Substantial Adverse Effect on Any Riparian Habitat or Other Sensitive Natural Community Identified in Local or Regional Plans, Policies, Regulations or By the CDFG or USFWS Have a Substantial Adverse Effect on Federally Protected Wetlands as Defined By Section 404 Of The Clean Water Act (Including, But Not Limited To, Marsh, Vernal Pool, Coastal, Etc.) Through Direct Removal, Filling, Hydrological Interruption, or Other Means 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 Conflict with Any Local Policies or Ordinances Protecting Biological Resources, Such As a Tree Preservation Policy or Ordinance Conflict with the Provisions of an Adopted Habitat Conservation Plan, Natural Community Conservation Plan, or Other Approved Local, Regional, or State Habitat Conservation Plan Fashion Island, Block 500, Block 600, and San Joaquin Plaza are located within Newport Center, a built urban environment. Landscaped areas within Fashion Island, Block 500, Block 600, and San Joaquin Plaza include non - native landscape materials including turf, trees, and plants. No wetlands or riparian habitat community exist in the sub - areas. The project would not have a substantial adverse effect on any species identified by the California Department of Fish and Game and the U.S. Fish and Wildlife Service as a species for concern because the site has been developed for the past 40 years and contains no habitat suitable for wildlife. Landscaping may be removed as a result of future development. The General Plan EIR notes that development could result in the removal of mature trees that may be used as perching and nesting sites for migratory birds and raptors. The General Plan EIR identifies mitigation associated with this potential impact and states "With compliance with these policies, impacts would be less than significant...." The County of Orange Natural Community Conservation Plan (NCCP) and the Habitat Conservation Plan (HCP) surveyed and mapped habitat vegetation and species throughout the County, including the four sub - areas. No candidate, sensitive or special status species were F:%USERS%PLWSnared%PA'5 PAS- 200I1PA2007- 151U007 1241 CO2007 1129 D.ft Addendum doc 3 -9 EOVb Addendum to City of Newport Beach General Plan 2006 Update EIR identified in the vicinity of the site.' Additionally, North Newport Center is identified as having no conservation value and is not included in the NCCP or HCP. The General Plan EIR analyzes the potential biological effects associated with buildout of the 2006 General Plan, including Fashion Island, Block 500, Block 600, and San Joaquin Plaza. These sites would be required to comply with applicable 2006 General Plan policies regarding biological resources. Pages 4.3 -22, 4.3 -24, and 4.3 -27 of the Biological Resources Analysis in the General Plan EIR address development in Newport Center, inclusive of Fashion Island, Block 500, Block 600, and San Joaquin Plaza. Page 4.3 -27 identifies that that the 2006 General Plan policies ensure that build -out consistent with the General Plan would not impact native, resident, or migratory wildlife species or corridors. Mitigation Program Policies of the 2006 General Plan were adopted as a mitigation program that minimized impacts associated with buildout of the City of Newport Beach, including the implementation of future development in Fashion Island, Block 500, Block 600, and San Joaquin Plaza. Level of Significance After Mitigation Consistent with the findings of the General Plan EIR, the General Plan EIR identifies that compliance with existing federal, State, and local regulations would mitigate biological resources impacts to a level considered less than significant. Finding of Consistency With General Plan EIR Pursuant to Section 15162 of the CEQA Guidelines, the City of Newport Beach has determined, on the basis of substantial evidence in the light of the whole record, that the North Newport Center Project does not propose substantial changes to the project; no substantial changes would occur which would require major revisions to the General Plan EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and no new information of substantial importance has been revealed since the certification of the General Plan EIR. 3.5 CULTURAL RESOURCES The following thresholds of significance are as set forth in the General Plan EIR. It states: "For purposes of this EIR, implementation of the proposed project would have a significant adverse impact on cultural resources if it would result in any of the following: • Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5 • Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5 • Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature • Disturb any human remains, including those interred outside of formal cemeteries" 7 U.S. Department of Interior Fish and Wildlife Service, Natural Community Conservation Plan, Habitat Conservation Plan, EIR, and EIS -County of Orange Central and Coastal Subregion, May 1996. FAU8ERS %PLM8hared%PA :sTAs- 200TPA20 0 7- 1 5112 00 7 -12 -11 CO2007-11-29 Draft Addendum.doc 3 -10 En vir Addendum to City of Newport Beach General Plan 2006 Update EIR No Substantial Change from Previous Analysi s previously analyzed as part of the General Plan EIR, to State and City CEQA Guidelines. Minor addition s the previous document adequate to cover the actio documented below and serve as an Addendum to the Summary Analvsis . Cultural resources impacts have been which was prepared and certified pursuant and /or clarifications are needed to make ns that are currently proposed, which are General Plan EIR. Cause a Substantial Adverse Change in the Significance of a Historical Resource as Defined In Section 15064.5 The four sub -areas of the North Newport Center PC District are not identified as a historic area or an area containing historical resources by the City of Newport Beach General Plan. The Project would not result in any adverse physical or aesthetic effects to any building, structure, or object having historical, cultural, or religious significance. As such, no historic resources would be impacted by the Project. Cause a Substantial Adverse Change in the Significance of an Archaeological Resource Pursuant To Section 15064.5 Disturb Any Human Remains, Including Those Interred Outside of Formal Cemeteries The General Plan EIR notes that ground- disturbing activities can damage or destroy archaeological and /or Native American cultural resources. The 2006 General Plan contains policies to ensure the protection of such resources. The General Plan EIR states that "...implementation of the proposed General Plan Update policies would ensure that impacts to archaeological and Native American cultural resources would be less than significant...." (See page 4.4 -16) The Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the General Plan EIR. Directly or Indirectly Destroy a Unique Paleontological Resource or Site or Unique Geologic Feature Paleontological resources may be present in fossil- bearing soils and rock formations below the ground surface. Ground - disturbing activities in these soils and formations have the potential to damage or destroy these resources. The General Plan EIR states that compliance with General Plan policies "...would reduce this impact to a less- than - significant level by ensuring that paleontological resources would be subject to scientific recovery and evaluation..." (See page 4.4 -17) The Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the General Plan EIR. Mitiviation Pronram Policies of the 2006 General Plan were adopted as a mitigation program that minimized impacts associated with buildout of the City of Newport Beach, including the implementation of future development in Fashion Island, Block 500, Block 600, and San Joaquin Plaza. F:( USERS %PLN�Sharm%PA :S%PAS- 200nPA2007- 151@ 00712 41=2007- 11- 29DMft Atlaenaum.Cea 3 -11 Envir Addendum to City of Newport Beach General Plan 2006 Update EIR Level of Significance After Mitigation Consistent with the findings of the General Plan EIR, the General Plan EIR identifies that impacts to archaeological and paleontological resources, and human remains could be mitigated to a level considered less than significant. Finding of Consistency With General Plan EIR Pursuant to Section 15162 of the CEQA Guidelines, the City of Newport Beach has determined, on the basis of substantial evidence in the light of the whole record, that the North Newport Center Project does not propose substantial changes to the project; no substantial changes would occur which would require major revisions to the General Plan EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and no new information of substantial importance has been revealed since the certification of the General Plan EIR. 3.6 GEOLOGY, SOILS, AND MINERAL RESOURCES The following thresholds of significance are as set forth in the General Plan EIR. It states: "Implementation of the proposed General Plan Update would result in a significant impact if the project would: • Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving - Rupture of a known earthquake fault, as delineated on the most recent Alquist - Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault - Strong seismic ground shaking - Seismic - related ground failure, including liquefaction - Landslides • Result in substantial soil erosion or the loss of top soil Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse • 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 • 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 • 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 Substantial Change from Previous Analysis. Geology, soils, and mineral resources impacts have been previously analyzed as part of the General Plan EIR, which was prepared and certified pursuant to State and City CEQA Guidelines. Minor additions and /or clarifications are needed to make the previous document adequate to cover the actions that are currently proposed, which are documented below and serve as an Addendum to the General Plan EIR. F:% USERS %PLMShamd%PA's1PAs- 20D7%PA20D7- 1 5112 0 0] -12 -11 CO2007-11 -29 D,aft Addendum.doc 3 -12 Envir Addendum to City of Newport Beach General Plan 2006 Update EIR Summary Analysis Expose People or Structures to Potential Substantial Adverse Effects, Including the Risk of Loss, Injury, or Death Involving the Rupture of a Known Earthquake Fault, Strong Ground Shaking, Seismic - Related Ground Failure, or Landslides The General Plan EIR notes that there are no Alquist - Priolo zones in the City; no impact would result. Policies are provided in the 2006 General Plan to ensure that adverse effects caused by seismic and geologic hazards are minimized. Moderate to large earthquakes would cause ground shaking in Newport Center, inclusive of Fashion Island, Block 500, Block 600, and San Joaquin Plaza. Compliance with regulations and policies of the General Plan EIR would "...ensure that impacts related to strong seismic ground shaking remain at a less -than- significant level." With respect to seismic - related ground failure, none of Newport Center is in an identified liquefaction area. Result In Substantial Soil Erosion or the Loss of Top Soil With respect to top soil, the General Plan EIR notes that most of the City is built out and top soil is not an issue. With respect to soil erosion, shoreline areas and coastal bluffs are highly susceptible to erosion from wave action and stream erosion. The four sub -areas are not located near the coast or bluff areas. All demolition and construction activities are required to comply with the California Building Code and other regional and local regulations (e.g., State Water Resources Control Board provisions) that require the implementation of measures to reduce soil erosion. The General Plan EIR identifies that potential impacts would be mitigated to a less than significant level. The Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the General Plan EIR. 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 The General Plan EIR considered buildout of the City, inclusive of Fashion Island, Block 500, Block 600, and San Joaquin Plaza in its geology analysis. Page 4.5 -13 of the General Plan EIR discusses the General Plan Update's concentration of development in areas including Fashion Island, Block 500, Block 600, and San Joaquin Plaza, and notes that the impact is considered less than significant. All four sub -areas have been subject to development which has required the analysis of soil conditions. With respect to soil characteristics, the certified Final EIR for the Island Hotel (formerly Four Seasons), dated October 21, 1983, discussed geology and soils in Newport Center. The Final EIR states that Newport Center is: ...part of an uplifted marine terrace of Pleistocene age. The marine terrace soils are composed essentially of weakly cemented to loose sands and silty sands which in parts of Newport Center reach a depth of as much as 50 feet. The upper one to two feet of this material have weathered to form a moderately expansive, clayey soil. The Pleistocene sediments are underlain by clay shales, clay siltstones, and sandstones of Miocene age, Monterey Formation. Because policies of the General Plan require that development not be located on unstable soils or geologic units, the General Plan EIR found that the potential impact was less than significant. The Uniform Building Code and California Building Code include regulations governing FAUSERSTLN%Share %PA's1PAs 20071PA2007- 15112007.12 -11 CD2007 -11 -29 Drefl AOaenaum.aac 3 -13 EnVb Addendum to Citv of Newport Beach General Plan 2006 Update EIR seismically resistant construction and construction to protect people and property from construction and building hazards. 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 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 The General Plan EIR notes that implementation of the 2006 General Plan would not result in the loss of availability of known mineral resources of value to the region or the State. No impacts would occur. Mitigation Program Policies of the 2006 General Plan were adopted as a mitigation program that minimized impacts associated with buildout of the City of Newport Beach, including the implementation of future development in Fashion Island, Block 500, Block 600, and San Joaquin Plaza. Level of Significance After Mitigation Consistent with the findings of the General Plan EIR, the General Plan EIR identifies that impacts to geology and soils could be mitigated to a level considered less than significant. No mineral resources were identified. Finding of Consistency With General Plan EIR Pursuant to Section 15162 of the CEQA Guidelines, the City of Newport Beach has determined, on the basis of substantial evidence in the light of the whole record, that the North Newport Center Project does not propose substantial changes to the project; no substantial changes would occur which would require major revisions to the General Plan EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and no new information of substantial importance has been revealed since the certification of the General Plan EIR. 3.7 HAZARDS AND HAZARDOUS MATERIALS The following thresholds of significance are as set forth in the General Plan EIR. It states: "Implementation of the proposed project may have a significant adverse impact to the public or the environment through hazards and hazardous materials if it would result in any of the following: • Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials • 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 • Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school F9 USERS IPLMShsr.6PA'sTP - 200TPA2007- 151@ 007 -12 -11 CC2007 -11 -29 Wt Mde,dum.d. 3 -14 Envir Addendum to City of Newport Beach General Plan 2006 Update EIR • Be located on a site which is included on a list of hazardous materials site compiled pursuant to Government Code Section 65962.5, and as a result, would create a significant hazard to the public or the environment • For a project located within an airport land use plan, or where such a plan has not been developed, within two miles of a public airport or public use airport, result in a safety hazard for people residing or working in the project area • Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan • Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands° No Substantial Change from Previous Analysis. Hazards and hazardous material - related impacts have been previously analyzed as part of the General Plan EIR, which was prepared and certified pursuant to State and City CEQA Guidelines. Minor additions and /or clarifications are needed to make the previous document adequate to cover the actions that are currently proposed, which are documented below and serve as an Addendum to the General Plan EIR. Summary Analysis Create a Significant Hazard to the Public or the Environment through the Routine Transport, Use, or Disposal of Hazardous Materials Emit Hazardous Emissions or Handle Hazardous or Acutely Hazardous Materials, Substances, or Waste within One - Quarter Mile of an Existing or Proposed School Be Located on a Site Which Is Included On A List Of Hazardous Materials Site Compiled Pursuant To Government Code Section 65962.5, and as a Result, Would Create a Significant Hazard To The Public Or The Environment Impair Implementation Of or Physically Interfere With an Adopted Emergency Response Plan or Emergency Evacuation Plan The General Plan EIR acknowledges that implementation of the 2006 General Plan land uses would result in an increase in commercial development that could increase the routine transport, use, storage, and disposal of hazardous materials. The General Plan also notes that construction activities can result in the exposure of hazardous materials (e.g., lead -based paint and asbestos). The City contains sites that have been identified as being contaminated by the release of hazardous substances into the soil; sites containing leaking underground storage tanks; and large and small generators of hazardous materials. The General Plan EIR notes that projects are required to comply with existing regulations and General Plan policies to protect construction workers and the public. Potential impacts were determined to be less than significant. Future development in North Newport Center could require the demolition of structures. Demolition and construction activities on the four sub -areas would also be subject to compliance with these regulations and policies. The Island Hotel (formerly Four Seasons) in Block 600 is listed as having a leaking underground storage tank (LUST).8 A remediation plan has been submitted to the Orange County Local Ibid., Table 4.6 -5. F9USERS %PMSharedTA's\PAs- 200nPA2007- 16112007 -12 -11 M2007 -11 -29 Draft Add.nd...dm $ -15 Envir Addendum to City of Newport Beach General Plan 2006 Update EIR Oversight Program (Local Lead Agency) and to the Santa Ana Regional Water Quality Control Board. The conclusion of this effort is pending. The contaminant identified is diesel fuel. None of the leaks that have been reported in the City have impacted a drinking source of groundwater. As with all development in the City, the Project must comply with existing regulations and General Plan policies regarding hazardous materials. General Plan Policy S 7.3 educates residents and businesses about reducing or eliminating their use of hazardous materials. Policy S 7.6 requires that all users, producers, and transporters of hazardous materials and wastes clearly identify the materials and comply with applicable law. The General Plan EIR notes that increased population and development could result in congested traffic conditions. The 2006 General Plan identifies policies to ensure that the city's Emergency Management Plan is regularly updated, provides for efficient and orderly citywide evacuation, and ensures that emergency service personnel are knowledgeable of the relevant response plans for the City. Such information is also distributed through the community. General Plan policies for handling emergencies would reduce hazardous materials impacts due to growth to a less than significant level. The Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the General Plan EIR. 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 North Newport Center is not susceptible to wildland fires; the four sub -areas are completely surrounded by existing urban development. For a Project Located Within an Airport Land Use Plan, or Where Such a Plan has Not Been Developed, Within Two Miles Of a Public Airport Or Public Use Airport, Result In a Safety Hazard For People Residing Or Working In The Project Area The four sub -areas are identified in the Airport Environs Land Use Plan (AELUP) for the John Wayne Airport. The Airport Land Use Commission (ALUC) has found the City of Newport Beach to be a consistent agency with the AELUP. However, the AELUP requires that zone changes for consistent agencies be referred to the ALUC for a determination prior to City action. Therefore, the zone change has been forwarded to the ALUC, and a hearing is scheduled prior to public hearings before the City's Planning Commission and City Council. Additionally, the four sub -areas are within the AELUP Height Restriction Zone. Within this zone, notice to the Federal Aviation Administration (FAA) is required for construction or alteration to any building more than 200 feet above ground level. Prior to construction or alteration of a building more than 200 feet above ground level a Determination of No Hazard must be obtained from the FAA. A determination of No Hazard is the FAA's independent finding that a proposed structure will not pose a hazard to air navigation. The PC Text requires that any structure above 200 feet will be forwarded to the FAA for their independent analysis. Mitigation Program Policies of the 2006 General Plan were adopted as a mitigation program that minimized impacts associated with buildout of the City of Newport Beach, including the implementation of future development in Fashion Island, Block 500, Block 600, and San Joaquin Plaza. The following conditions are included in the North Newport Center PC Text relating the adherence to the AELUP and FAA restrictions: F: WSERSTLMSharedlPNMPAs- 200RPA200 7- 1 51120 0]42 -11 CC12007-11 -29 Draft Addendum.doc 3 -16 Envir Addendum to Citv of Newport Beach General Plan 2006 Update EIR For development of structures that exceed 200 feet in height above ground level at a development site, applicants shall file a Notice of Proposed Construction or Alteration with the FAA (FAA Form 7460 -1). Following the FAA's Aeronautical Study of a project, the project must comply with conditions of approval imposed or recommended by the FAA. Subsequent to the FAA findings, the City shall refer the project to the Airport Land Use Commission (ALUC) of Orange County for consistency analysis. 2. No buildings within the Fashion Island /Block 500 /61ock 600 /San Joaquin Plaza Planned Community area should penetrate the FAA FAR Part 77 imaginary obstruction surface for John Wayne Airport. 3. Applicants shall file a Notice of Proposed Construction or Alteration with the FAA (Form 7460 -1) for any construction cranes that exceed 200 feet in height above ground level. Level of Significance After Mitigation Consistent with the findings of the General Plan EIR, the General Plan EIR identifies that impacts to hazards and hazardous materials relevant to the Project could be mitigated to a level considered less than significant. Finding of Consistency With General Plan EIR Pursuant to Section 15162 of the CEQA Guidelines, the City of Newport Beach has determined, on the basis of substantial evidence in the light of the whole record, that the North Newport Center Project does not propose substantial changes to the project; no substantial changes would occur which would require major revisions to the General Plan EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and no new information of substantial importance has been revealed since the certification of the General Plan EIR. 3.8 HYDROLOGY AND WATER QUALITY The following thresholds of significance are as set forth in the General Plan EIR. It states: "Implementation of the proposed project may have a significant adverse impact on hydrology and water quality, as well as the City's storm drain system, if it would result in any of the following: • Violate any water quality standards or waste discharge requirements • Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table. • Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site • Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff • Require or result in the construction and /or expansion of new storm drain infrastructure that would cause significant environmental effects R%USEMPLMSnereMPA'S�PAS - 2007PA2007 9511 2007 -1211 M2007 -11 -29 Orate Addendum.00c 3 -17 En N1 Addendum to City of Newport Beach General Plan 2006 • Otherwise substantially degrade water quality • 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 • Place within a 100 -year flood hazard area structures which would impede or redirect flows Expose people or structures to a significant risk or loss, injury or death involving flooding, including flooding as a result of a levee or dam Expose people or structures to significant risk or loss, injury or death involving inundation by seiche, tsunami, or mudflow" 11:1 No Substantial Change from Previous Analysis. Hydrology and water quality impacts have been previously analyzed as part of the General Plan EIR, which was prepared and certified pursuant to State and City CEQA Guidelines. Minor additions and /or clarifications are needed to make the previous document adequate to cover the actions that are currently proposed, which are documented below and serve as an Addendum to the General Plan EIR. Summary Analysis Violate Any Water Quality Standards or Waste Discharge Requirements Create or Contribute Runoff Water Which Would Exceed the Capacity of Existing or Planned Stormwater Drainage Systems or Provide Substantial Additional Sources of .Polluted Runoff Otherwise Substantially Degrade Water Quality The General Plan EIR notes that the implementation of development set forth in the 2006 General Plan could result in an increase in pollutants in storm water and wastewater. However, water quality standards and waste discharge requirements would not be violated with compliance with regulations including but not limited to the State Water Resources Control Board Construction General Permit and preparation and implementation of Stormwater Pollution Prevention Plans required for compliance with the NPDES General Construction Stormwater Activity Permit. Permit and regulation compliance would be required for future development projects within Fashion Island, Block 500, Block 600, and San Joaquin Plaza. The City of Newport Beach Municipal Code ensures compliance with federal water quality standards. The Municipal Code also regulates grading, fill, drainage, and erosion control. All construction and development must comply with applicable federal, State, and City laws. Also, General Plan Update policies "would reduce the risk of water degradation from the operation of new developments to the maximum extent practicable. "9 The impact of development under the General Plan Update would be less than significant. As identified in the General Plan EIR, Policy NR 3.16 Street Drainage Systems states "Require all street drainage systems and other physical improvements created by the City, or developers of new subdivisions, to be designed, constructed, and maintained to minimize adverse impacts on water quality. Investigate the possibility of treating or diverting street drainage to minimize 9 Ibid., page 4.7 -32. F9USERS PLN1 Shar ec •PA'sTAs- 2007TA200- 151=07.12.11 CCQ007.11.29 Drafl Aadwdum.doc 3 -18 EnVir Addendum to Citv of Newoort Beach General Plan 2006 Uodate EIR impacts to water bodies. "i0 General Plan Policy LU 2.8, Adequate Infrastructure, states "Accommodate the types, densities, and mix of land uses that can be adequately supported by transportation and utility infrastructure (water, sewer, storm drainage, energy, and so on) and public services (schools, parks, libraries, seniors, youth, police, fire, and so on)." The General Plan EIR concludes that impacts are less than significant. General Plan Update Policies "would ensure that new development can be adequately supported by utilities such as storm drainage infrastructure. 02 Impacts are less than significant. The Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the General Plan EIR. Substantially Deplete Groundwater Supplies or Interfere Substantially With Groundwater Recharge Such That There Would Be A Net Deficit in Aquifer Volume or a Lowering of the Local Groundwater Table The General Plan EIR notes that implementation of the General Plan could create additional impervious surfaces which could interfere with groundwater recharge. The General Plan EIR goes on to note that, however, intensification of development would not affect groundwater recharge. As the four sub -areas are currently developed, there would be no substantive change in the amount of impervious surfaces. The EIR finds that "new development would not substantially affect groundwater recharge. Potential impacts to groundwater recharge would be less than significant. " 73 The Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the General Plan EIR. Require or Result In the Construction and/or Expansion of New Storm Drain Infrastructure That Would Cause Significant Environmental Effects On a citywide basis, the General Plan EIR notes that buildout may require the expansion of storm drains or the construction of new storm drain infrastructure. The existing site drainage has been designed to handle run off from existing structures on the four sub - areas. As future site - specific development is proposed, drainage plans will be developed. The General Plan EIR contains policies that ensure that new development can be adequately supported by utilities such as storm drain infrastructure. The General Plan EIR states "It is not anticipated that this construction of necessary storm drainage upgrades in and of itself would result in impacts separate from the General Plan Update." (See page 4.7 -37) The Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the General Plan EIR. Substantially Alter The Existing Drainage Pattern Of The Site Or Area, Including Through The Alteration of The Course Of A Stream Or River, Or Substantially Increase The Rate Or Amount Of Surface Runoff In A Manner Which Would Result In Flooding On- Or Off -Site 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 'o Ibid., page 4.14 -45. " Ibid., page 4.14 -34. Ibid., page 4.7 -36. " Ibid., page 4.7 -33. RW SERSIPLMShamd1PA 's1PAs- 200nPA2007 451\ 200742 -11 CCQ007 -11 -29 Draft Addendum.doc 3 -19 Env17 Addendum to Citv of Newport Beach General Plan 2006 Update EIR Place Within a 100 -Year Flood Hazard Area Structures Which Would Impede or Redirect Flows Expose People or Structures to A Significant Risk or Loss, Injury or Death Involving Flooding, Including Flooding As A Result Of A Levee or Dam Expose People or Structures to Significant Risk or Loss, Injury or Death Involving Inundation by Seiche, Tsunami, or Mudflow While the General Plan EIR identifies areas of the City that would be vulnerable to flooding and coastal wave systems, the Project is not located in a flood hazard zone 14 nor is it proximate to the Pacific Ocean. No impacts are anticipated. Mitigation Program Policies of the 2006 General Plan were adopted as a mitigation program that minimized impacts associated with buildout of the City of Newport Beach, including the implementation of future development in Fashion Island, Block 500, Block 600, and San Joaquin Plaza. Level of Significance After Mitigation Consistent with the findings of the General Plan EIR, the General Plan EIR identifies that impacts to hydrology and water quality could be mitigated to a level considered less than significant. Finding of Consistency With General Plan EIR Pursuant to Section 15162 of the CEQA Guidelines, the City of Newport Beach has determined, on the basis of substantial evidence in the light of the whole record, that the North Newport Center Project does not propose substantial changes to the project; no substantial changes would occur which would require major revisions to the General Plan EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and no new information of substantial importance has been revealed since the certification of the General Plan EIR. 3.9 LAND USE AND PLANNING The following thresholds of significance are as set forth in the General Plan EIR. It states: "Implementation of the proposed project may have a significant adverse impact on land use and planning if it would result in any of the following: • Intensify development within the Planning Area that creates incompatibilities with adjacent land uses • Physically divides an established community • Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect 14 Ibid., Figure 4.7 -3 Flood Zones. Fa U8ER8IPLN %Shamd%PKs1PAs.2007%PA2007. 1 5112 0 0 7 -1 2.11 CC12007-11.29 Dmft Addendum.dO 3 -20 Envir Addendum to City of Newport Beach Genera! Plan 2006 Update EIR • Conflict with any applicable habitat conservation plan or natural community conservation plan" No Substantial Change from Previous Analysis. Land use impacts have been previously analyzed as part of the General Plan EIR, which was prepared and certified pursuant to State and City CEQA Guidelines. Minor additions and /or clarifications are needed to make the previous document adequate to cover the actions that are currently proposed, which are documented below and serve as an Addendum to the General Plan EIR. Summary Analvsis Intensify Development within the Planning Area that Creates Incompatibilities with Adjacent Land Uses Conflict with any Applicable Land Use Plan, Policy, Or Regulation Of An Agency With Jurisdiction Over The Project (Including, But Not Limited To The General Plan, Specific Plan, Local Coastal Program, Or Zoning Ordinance) Adopted For The Purpose Of Avoiding Or Mitigating An Environmental Effect The General Plan EIR notes that buildout of the 2006 General Plan land uses may result in new uses and structures at an increased intensity that creates incompatibilities with adjacent land uses. These incompatibilities can result from factors including differences in scale of development, noise and traffic levels, and hours of operation. Conflicts can also occur where mixed use development occurs. Newport Center /Fashion Island is a location in the City identified for mixed use development. The General Plan EIR describes this area as: Newport Center /Fashion Island is a regional center of business and commerce that includes major retail, professional office, entertainment, hotel, and residential uses in a master planned mixed use development. Fashion Island, a regional shopping center, forms the nucleus of Newport Center, and is framed by this mixture of office, entertainment, and residential. New land uses in this subarea include additional commercial uses (approximately 430,000 square feet), approximately 600 multi - family residential units [reduced to 450 units in Final Program EIR] and approximately 250 additional hotel rooms. Residential units have existed in this area since the 1970's, and increased through the 1990s. No conflicts of use between the residential and commercial uses have existed previously in this area, as evidenced by the lack of complaints by area residents. Goals and policies contained in the proposed General Plan Update would serve to promote a mixed use, pedestrian - friendly district for this subarea that would continue commercial and residential uses. Policy LU 6.14.5 encourages improved pedestrian connections and streetscape amenities connecting the area's diverse districts. Goals contained in the proposed General Plan Update related to mixed use development (Goal 5.3) specifically articulate that such development should promote compatibility among uses. General Plan Policy LU 5.3.1 calls for the consideration of compatibility issues in project design of mixed use development. Thus, mixed use development under the proposed General Plan Update would be, by design, compatible with adjacent non - residential uses.i5 As previously noted in this Addendum, Fashion Island is a regional commercial center with retail uses, restaurants, bars, and theater /nightclubs. Block 500 includes office, administrative, professional, and financial uses. Block 600 includes hotel, office, administrative, professional and financial uses, and accessory uses. San Joaquin Plaza includes business and professional 'S Ibid., page 4.8 -11. F: WSERS% PLMSnarW %PA :S%PAS- 200APA2007.151�2007- 1211=2007.11- 290raB Addenoum.00c 3 -21 EnVit Addendum to City of Newport Beach General Plan 2006 Update EIR office uses. In addition to these four sub - areas, Newport Center includes the following sub- areas and land uses: Block land Use 100 administrative and professional offices, limited accessory retail, financial, service, and entertainment uses 200 administrative and professional offices, limited accessory retail, financial, service, and entertainment uses 300 administrative and professional offices, limited accessory retail, financial, service, and entertainment uses 400 medical - related offices, short-term convalescent and long -term care services, professional offices, retail and other similar uses. 700 regional commercial office and multi - family residential 800 regional commercial office and multi - family residential 900 multi - family housing, visitor serving land uses Land uses outside of Newport Center include single - family and multi - family residences and a golf course in Big Canyon located north of Block 500, Block 600, and San Joaquin Plaza and across San Joaquin Hills Road. Single- family and multi - family residences and general commercial land uses are located east of Newport Center across MacArthur Boulevard. Parks /recreational land uses and single - family residences are located south of Newport Center, across Coast Highway. Open space, single - family residences, visitor - serving commercial and parks /recreational land uses are located west of Newport Center, across Jamboree Road. The General Plan land use designation for Fashion Island is Regional Commercial (CR). Page 3 -13 of the 2006 General Plan states that the CR designation "...is intended to provide retail, entertainment, service, and supporting uses that serve local and regional residents." The land use designations for Block 500, Block 600, and San Joaquin Plaza are Mixed Use Horizontal 3 (MU -H3) and Open Space (OS). As identified in the 2006 General Plan, "The MU -H3 designation applies to properties located in Newport Center. It provides for the horizontal intermixing of regional commercial office hotel, multi - family residential and ancillary commercial uses.i16 Page 3 -16 of the 2006 General Plan states that the OS designation "...is intended to provide areas for a range of public and private uses to protect, maintain, and enhance the community's natural resources." As a part of the proposed project, Block 600 would be rezoned from Administrative, Professional, and Financial (APF) and Open Space (OS) to Planned Community (PC). The North Newport Center PC Text would be adopted to incorporate Fashion Island, Block 600, and portions of Block 500 and San Joaquin Plaza owned by the Applicant into a single Planned Community District. The PC Text would reflect the land uses permitted for these sub -areas under the 2006 General Plan. The General Plan EIR states the following with respect to changes in land use for Newport Center and Fashion Island under the General Plan Update: The Plan allows for expanded retail opportunities at Fashion Island, including an additional anchor department store and ancillary shops, another hotel or additions to existing hotels, and 600 additional housing units [reduced to 450 in Final 1e City of Newport Beach, General Plan, July 25, 2006, page 3 -15. FiUSERS \PLNISharedlPA's \PAS- 2007 \PA2007 - 151 @007 -12 -11 CG \2007- 11-29nrah Addendumdoc 3 -22 Envir Addendum to City of Newport Beach General Plan 2006 Update EIR Program EIR]... Plan policies encourage improved pedestrian connections and streetscape amenities connecting the area's diverse districts. 17 Areas where mixed use development is currently located (e.g., Balboa Peninsula, Mariners' Mile and Newport Center /Fashion Island), would be allowed to develop with more mixed use... In many locations, the addition of uses similar to existing uses would occur. For instance, additional retail facilities would be permitted in the Fashion Island /Newport Center Area... Where additional development that is the same as or similar to existing development could occur, these uses would be compatible. 18 As previously addressed, the four sub -areas are identified in the Airport Environs Land Use Plan (AELUP) for the John Wayne Airport. The Airport Land Use Commission (ALUC) has found the City of Newport Beach to be a consistent agency with the AELUP. However, the AELUP requires that zone changes for consistent agencies be referred to the ALUC for a determination prior to City action. Therefore, the zone change has been forwarded to the ALUC, and a hearing is scheduled prior to public hearings before the City's Planning Commission and City Council. As noted, the General Plan EIR does not identify land use incompatibilities for Newport Center, inclusive of the four sub -areas of the Project. The Project is proposed to provide for zoning consistent with the 2006 General Plan land use designations for the four sub - areas. The Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the General Plan EIR. Physically Divides an Established Community The General Plan EIR notes that the 2006 General Plan allows for "...limited infill development in select subareas within the City... These types of proposed development would not divide established communities. Impacts would be less than significant." (See 4.8 -16) With respect to the Project, future development in the four sub -areas would not require the extension of roadways or other development features through developed areas that could physically divide the established community. The Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the General Plan EIR. Conflict with Any Applicable Habitat Conservation Plan or Natural Community Conservation Plan As previously addressed, North Newport Center is identified as having no conservation value and is not included in the NCCP or HCP. Mitigation Program Policies of the 2006 General Plan were adopted as a mitigation program that minimized impacts associated with buildout of the City of Newport Beach, including the implementation of future development in Fashion Island, Block 500, Block 600, and San Joaquin Plaza. City of Newport Beach, Final Environmental Impact Report for the General Plan 2006 Update, July 26, 2006, page 3 -15. 8 ibid., page 4.8 -9. F :%USERS%PLMSbarM%PA's1PAS 20071PA2007 -051120071211 CO2007 +11-29 Drafi Aeaenaum.tlec 3 -23 Envir Addendum to Citv of Newport Beach General Plan 2006 Update EIR Level of Sianificance After Mitiaation Consistent with the findings of the General Plan EIR, the General Plan EIR identifies that impacts to land use impacts pertaining to the Project could be mitigated to a level considered less than significant. Findina of Consistencv With General Plan EIR Pursuant to Section 15162 of the CEQA Guidelines, the City of Newport Beach has determined, on the basis of substantial evidence in the light of the whole record, that the North Newport Center Project does not propose substantial changes to the project; no substantial changes would occur which would require major revisions to the General Plan EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and no new information of substantial importance has been revealed since the certification of the General Plan EIR. 3.10 NOISE The following thresholds of significance are as set forth in the General Plan EIR. It states "...implementation of the proposed project may have a significant adverse noise impact if it would result in any of the following: • 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 • Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels • A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project • For a project within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use airport, exposure of people residing or working in the project area to excessive noise levels' No Substantial Change from Previous Analysis. Noise impacts have been previously analyzed as part of the General Plan EIR, which was prepared and certified pursuant to State and City CEQA Guidelines. Minor additions and /or clarifications are needed to make the previous document adequate to cover the actions that are currently proposed, which are documented below and serve as an Addendum to the General Plan EIR. FAUSERSPLN%SaarediPA'sIPAa - 2007PA2007 151120071211 CC400711 29 DraO Addendum.dac 3 -24 Envi7 Addendum to City of Newport Beach General Plan 2006 Update EIR Summary Analysis 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 A Substantial Permanent Increase in Ambient Noise Levels in the Project Vicinity Above Levels Existing Without The Project The General Plan EIR identifies that locations throughout the City would experience changes in noise levels as a result of increased motor vehicles and development. Where existing land uses would be exposed to noise levels exceeding the City's noise standards as a result of future growth, the General Plan EIR identifies this as a significant impact. (See 4.9 -22) Figure 4.9 -5 of the General Plan EIR identifies that the four sub -areas would be located within 60 CNEL to 65 CNEL future noise contours. These noise contours do not account for any intervening structures or other noise - attenuating features. Additionally, measures for noise attenuation where needed to comply with the City's noise standards are available and include the use of walls, berms, building insulation, double paned windows, etc. Traffic - related noise in the project vicinity has the potential to impact the four sub - areas. The General Plan EIR accounts for noise impacts due to new development under the General Plan Update. The EIR states that new development, "...would result from adoption of the proposed General Plan and regional growth would create noise that would affect new and existing receptors. Most of this noise would be produced by increased traffic on local roads. Many of the proposed General Plan policies, especially those associated with Goal N -2 (Transportation Noise) would reduce this impact. "79 The Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the General Plan EIR. Exposure of Persons to or Generation of Excessive Groundborne Vibration or Groundborne Noise Levels The General Plan EIR notes that vibration levels during construction that would exceed 72 vibration decibels (VdB) are considered significant. Such an impact would be specific to a construction site and would be dependent on the types of construction equipment in use and proximity to sensitive receptors and uses. Where construction activities that generate high levels of vibration could not be buffered from sensitive receptors and /or uses by approximately 150 feet, the General Plan EIR identifies that a significant impact would occur. With respect to the four sub - areas, there is a potential for such construction activities to occur under these conditions. As such, consistent with the findings of the General Plan EIR, such an impact would be significant. The Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would not result in any new impacts or increase the seventy of a previously identified significant impact as previously analyzed in the General Plan EIR. A Substantial Temporary or Periodic Increase in Ambient Noise Levels in the Project Vicinity above Levels Existing Without the Project Potential noise impacts are commonly divided into two groups: temporary and long term. Temporary impacts are usually associated with noise generated by construction activities. 9 City of Newport Beach, Final Environmental Impact Report for the General Plan 2006 Update (State Clearinghouse No. 2006011119), July 26, 2006, page 4.9 -42. FAUSERS \PLMShared F`Ks%PAs- 20071PA2o07- 15h2007 -1211 CCQ007 -11 -29 Draft Ad0endumdoc 3 -25 Envir Addendum to Citv of Newport Beach General Plan 2006 Update EIR Generally, construction noise represents a short -term impact on ambient noise levels. Noise generated by construction equipment (including trucks, graders, bulldozers, concrete mixers, and portable generators) and construction activities can reach high levels. The greatest construction noise levels are typically generated by heavy construction equipment. The City's Noise Ordinance exempts construction activities from the noise level limits during specific hours of the day. Noise - generating construction activities are permitted during the hours between 7:00 AM and 6:30 PM Monday through Friday, between 8:00 AM to 6:00 PM on Saturdays, and at no time on Sundays or federal holidays. Compliance with the City's Noise Ordinance is considered to result in no significant short -term noise impacts. For A Project Within An Airport Land Use Plan, Or Where Such A Plan Has Not Been Adopted, Within Two Miles Of A Public Airport Or Public Use Airport, Exposure Of People Residing Or Working In The Project Area To Excessive Noise Levels As previously noted, Newport Center, inclusive of the four sub - areas, is located within the Airport Environs Land Use Plan ( AELUP) for John Wayne Airport. However, the site is not within the either the AELUP 60 or 65 CNEL Noise Contour, and flight operations would not contribute significantly to the overall existing noise exposure on the site. No significant impacts on persons residing or working in the project area are anticipated as a result of project implementation because land use within the planning area boundaries of the AELUP must conform to noise standards, safety, and height restriction standards. The Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the General Plan EIR. Mitigation Program Policies of the 2006 General Plan were adopted as a mitigation program that minimized impacts associated with buildout of the City of Newport Beach, including the implementation of future development in Fashion Island, Block 500, Block 600, and San Joaquin Plaza. Level of Significance After Mitigation Consistent with the findings of the General Plan EIR, the General Plan EIR identifies that impacts to noise impacts related to John Wayne Airport and construction activities could be mitigated to a level considered less than significant. Groundborne construction vibrations and long -term exposure to increased noise levels were identified to remain significant and unavoidable. Finding of Consistencv With General Plan EIR Pursuant to Section 15162 of the CEQA Guidelines, the City of Newport Beach has determined, on the basis of substantial evidence in the light of the whole record, that the North Newport Center Project does not propose substantial changes to the project; no substantial changes would occur which would require major revisions to the General Plan EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and no new information of substantial importance has been revealed since the certification of the General Plan EIR. FdUSERSTLMS�aredfPA's1 PPS- 200nPA2007- 151120071211 Ca2007. 11 29 nrafi Addemum.0oc 3 -26 Env17 Addendum to City of Newport Beach General Plan 2006 Update EIR 3.11 POPULATION AND HOUSING The following thresholds of significance are as set forth in the General Plan EIR. It states "...implementation of the proposed project may have a significant adverse impact on population and housing if it would result in any of the following: • Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through the extension of roads or other infrastructure) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere • Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere" No Substantial Change from Previous Analysis. Population and housing impacts have been previously analyzed as part of the General Plan EIR, which was prepared and certified pursuant to State and City CEQA Guidelines. Minor additions and /or clarifications are needed to make the previous document adequate to cover the actions that are currently proposed, which are documented below and serve as an Addendum to the General Plan EIR. Summary Analvsis Induce Substantial Population Growth in Proposing New Homes and Businesses) Extension of Roads or Other Infrastructure) an Area, Either Directly (For Example, By or Indirectly (For Example, Through the The General Plan EIR finds that implementation of the 2006 General Plan would induce substantial growth either directly or indirectly. On a citywide basis, residential development would increase the number of units by 9,549 units (24 percent) over 2002 residential unit counts with a related population increase of 20,912 residents. These increases would exceed the Southern California Association of Governments (SCAG) projections. On a citywide basis, the City's projected population growth was considered significant. On a cumulative basis (countywide), the General Plan EIR noted that "...the proposed project would not result in substantial population growth beyond projections, and would not induce substantial population growth in an area, either directly or indirectly." (See pages 4.10 -5 and -6) Buildout of the 2006 General Plan was found to have a less than significant cumulative contribution to growth in the County. (See pages 4.10 -6 and -7) The General Plan EIR analysis was based on a project with 600 units in Newport Center. The adopted 2006 General Plan allows for the development of 450 residential units within the MU- H3 designation .20 Of the 450 units, 430 units are proposed for the North Newport PC District. Residential uses are permitted in Block 500, Block 600, and San Joaquin Plaza. The Project does not include a request for site - specific development, including any residential development. As such, the Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the General Plan EIR. 20 City of Newport Beach, General Plan, July 25, 2006, page 3 -97. F1USERSPLMSharedlPA 'STAS- 200nPA200 7 151%2007-12-11 CCQ00711 -29 Dm([ Addendum.doc 3 -27 EnvN Addendum to ON of Newport Beach General Plan 2006 Update EIR Displace Substantial Numbers of Existing Housing, Necessitating the Construction of Replacement Housing Elsewhere Displace Substantial Numbers of People, Necessitating the Construction of Replacement Housing Elsewhere The General Plan EIR states that the 2006 General Plan would not displace a substantial number of existing homes or residents and that no impact would occur. Development on the four sub -areas would not require the displacement of any existing homes or residents. The Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the General Plan EIR. Mitigation Program No policies were identified in the 2006 General Plan to reduce the substantial increase in growth in the City. Measures were adopted as a mitigation program that minimized impacts associated with resource impacts with buildout of the City of Newport Beach, including the implementation of future development in Fashion Island, Block 500, Block 600, and San Joaquin Plaza. Level of Significance After Mitigation Consistent with the findings of the General Plan EIR, the General Plan EIR identifies that impacts to population and housing would remain significant and unavoidable. Finding of Consistencv With General Plan EIR Pursuant to Section 15162 of the CEQA Guidelines, the City of Newport Beach has determined, on the basis of substantial evidence in the light of the whole record, that the North Newport Center Project does not propose substantial changes to the project; no substantial changes would occur which would require major revisions to the General Plan EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and no new information of substantial importance has been revealed since the certification of the General Plan EIR. 3.12 PUBLIC SERVICES The following thresholds of significance are as set forth in the General Plan EIR. It identifies that implementation of the proposed General Plan Update may have a significant adverse impact on public services if it would result in any of the following: Result in substantial adverse environmental impacts associated with the provision of new or physically altered fire or police protection facilities, or schools or libraries; the need for new or physically altered fire or police protection facilities, or schools or libraries; the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, and other performance objectives No Substantial Change from Previous Analysis. Public service impacts have been previously analyzed as part of the General Plan EIR, which was prepared and certified pursuant to State and City CEQA Guidelines. Minor additions and /or clarifications are needed to make the previous document adequate to cover the actions that are currently proposed, which are documented below and serve as an Addendum to the General Plan EIR. F% USERS% PLMSharedTA 'STAS- 20071PA2007-15IM09d2 -11 CC4007-11 -29 D*ft Addendum.de 3-28 Envit Addendum to City of Newport Beach General Plan 2006 Update EIR Summary Analvsis Result in Substantial Adverse Environmental Impacts Associated with the Provision of New or Physically Altered Fire or Police Protection Facilities, or Schools or Libraries; the Need For New or Physically Altered Fire or Police Protection Facilities, or Schools or Libraries; The Construction of Which Could Cause Significant Environmental Impacts, in Order to Maintain Acceptable Service Ratios, Response Times, And Other Performance Objectives Fire Protection Fire stations are located throughout the City to provide prompt assistance to area residents. Each fire station operates within a specific district that comprises the immediate geographical area around the station. As identified on page 4.11 -3 of the General Plan EIR, Station 3 serves Newport Center. Station 3 has the following equipment and manpower: one Fire Chief; one fire engine with one Captain, one Engineer, and one Firefighter; one ladder truck with one Captain, one Engineer, and one Firefighter; and one paramedic van with two Firefighter Paramedics. The General Plan EIR states that in 2004, "eight fire stations serving the City of Newport Beach responded to a total of 8,863 incidents, which results in an average of about 1,107 incidents per station... These numbers are well within the number of calls recommended by the Insurance Service Office (ISO) when rating a community for fire insurance rates. Specifically, the ISO recommends that a second company be put in service in a fire station if that station receives more than 2,500 calls per year." The General Plan EIR identifies that implementation of the 2006 General Plan could increase the demand for fire protection services which could result in the need for additional fire facilities. Policies of the General Plan require that adequate infrastructure be provided with new development. As such, the General Plan EIR found that compliance with applicable regulations and policies of the 2006 General Plan would ensure that project - specific and cumulative impacts would be less than significant. All new development that would occur under the 2006 General Plan would be required to comply with all applicable federal, State, and local regulations governing the provision of fire protection services, including adequate fire access, fire flows, and number of hydrants. The Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the General Plan EIR. Police Protection The General Plan EIR identifies that implementation of the 2006 General Plan could increase the demand for police protection services which could result in the need for additional police facilities. The General Plan EIR states that, "The NBPD provides local police services to the City of Newport Beach. Centrally located at 870 Santa Barbara Drive, the NBPD provides services in crime prevention and investigation, community awareness programs, and other services such as traffic control ."21 The EIR also states that the City of Newport Beach currently maintains an acceptable level of service and there are currently no immediate or near - future plans for expansion of police facilities, staff, or equipment inventory. Impacts to police services as a result of General Plan build -out would be less than significant because the "General Plan Update contains policies to ensure that adequate law enforcement is provided as the City experiences future development. For example, Policy LU 2.8 ensures that only land uses that can be adequately supported by the City's Public Services should be accommodated. Compliance with 21 City of Newport Beach, Final Environmental Impact Report for the General Plan 2006 Update, July 26, 2006, page 4.11 -13. FAUSERSPLMSharmd PX WAs 200TPA2007- 1511200712 -11 =2007 -11 -29 Draft Add.ndn..doc 3 -29 Envir Addendum to ON of Newport Beach General Plan 2006 Update EIR this policy would ensure that adequate service ratios are maintained .,,22 Therefore, adequate service ratios are currently being provided and would be maintained as a result of General Plan policies. As such, the General Plan EIR found that compliance with applicable regulations and policies of the 2006 General Plan would ensure that project- specific and cumulative impacts would be less than significant. The Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the General Plan EIR. Schools The Newport -Mesa Unified School District (NMUSD) provides educational services to the City of Newport Beach. The General Plan EIR identifies that the School District serves the majority of the City and has 32 public schools including 22 elementary schools, 2 junior high schools, 5 high schools, 2 alternative education centers, and 1 adult school. There are also several private schools in the City or local area that are available to the City's residents for educational services. According to NMUSD administrators, current school capacity is adequate. NMUSD does not currently identify any projected needs. The General Plan EIR states: In the City, implementation of the proposed General Plan Update would result in the construction of approximately 14,215 dwelling units over existing conditions within the City. The increase in dwelling units would increase enrollment in the local schools serving Newport Beach. Using California Department of Finance population projections, and assuming that approximately 20 percent of the potential increase in population would represent children attending grades K through 12, implementation of the proposed General Plan Update would result in an enrollment increase of approximately 6,230 students (3,115 elementary school students, 1,557 students for middle schools, and 1,558 high school students ).21 The General Plan EIR identifies that implementation of the 2006 General Plan would likely result in the construction of new school facilities for NMUSD; these impacts would be less than significant on a project and cumulative basis.24 The Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the General Plan EIR. Library Facilities The Newport Beach Public Library provides library services and resources to the City of Newport Beach. The Central Library, which occupies four acres on Avocado Avenue near Newport Center, is a 15,305 square foot building that serves as a school library as well as a public library. As stated in the General Plan EIR, Upon full build -out of the proposed General Plan Update, the population in the Planning Area would increase by 31,131. This increase in residents would increase the demand for library services and facilities. Policy LU 2.8 of the proposed General Plan Update would help ensure that adequate library facilities 22 ibid., page 4.11 -16. 23 ibid., page 4.11 -23. 24 ibid., page 4.11 -24. FiUSERSIPLMShared PA'sTP 2007TPA200T.15112007.12 11 CC0007 11 29 Draft Add.ndum d.c 3 -30 En N1 Addendum to CiN of Newport Beach General Plan 2006 Update EIR are provided to the City's residents and that public services can adequately support new development... Due to the growing need for electronic resources, former service standards (e.g., a certain number of volumes per thousand residents) are no longer appropriate when assessing the needs of the NBPL. Therefore, increased development in the City does not necessarily immediately equate to an increase in total volumes or square feet of library space .25 The General Plan EIR identifies that the increase in population associated with the 2006 General Plan, inclusive of uses in Fashion Island, Block 500, Block 600, and San Joaquin Plaza, would not result in a significant impact to library services. The Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the General Plan EIR. Mitigation Program Policies of the 2006 General Plan were adopted as a mitigation program that minimized impacts associated with buildout of the City of Newport Beach, including the implementation of future development in Fashion Island, Block 500, Block 600, and San Joaquin Plaza. Level of Significance After Mitigation Consistent with the findings of the General Plan EIR, the General Plan EIR identifies that impacts to public services would be less than significant. Finding of Consistency With General Plan EIR Pursuant to Section 15162 of the CEQA Guidelines, the City of Newport Beach has determined, on the basis of substantial evidence in the light of the whole record, that the North Newport Center Project does not propose substantial changes to the project; no substantial changes would occur which would require major revisions to the General Plan EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and no new information of substantial importance has been revealed since the certification of the General Plan EIR. 3.13 RECREATION AND OPEN SPACE The following thresholds of significance are as set forth in the General Plan EIR. It states that "... implementation of the proposed project may have a significant adverse impact on parks and recreational facilities if it would result in any of the following: 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 • Include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment • Result in substantial adverse physical impacts associated with the provision of new or physically altered government services, need for new or physically altered government facilities, the construction of which could cause significant 25 Ibid., page 4.11 -28. F:IUSERS�PLMSdarMd PN's1PAs- 200]1PA2007- 151@00].1211 CO2007-11-29 Draft Addeadum.dcc 3 -31 Envir Addendum to Citv of Newoort Beach General Plan 2006 Update EIR environmental impacts, in order to maintain acceptable service ratios or other performance objectives for parks No Substantial Change from Previous Analysis. Park and recreational facility impacts have been previously analyzed as part of the General Plan EIR, which was prepared and certified pursuant to State and City CEQA Guidelines. Minor additions and /or clarifications are needed to make the previous document adequate to cover the actions that are currently proposed, which are documented below and serve as an Addendum to the General Plan EIR. Summary Analysis 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 Include Recreational Facilities or Require the Construction or Expansion of Recreational Facilities That Might Have an Adverse Physical Effect on the Environment Result in Substantial Adverse Physical Impacts Associated With the Provision of New or Physically Altered Government Services, Need for New or Physically Altered Government Facilities, the Construction of Which Could Cause Significant Environmental Impacts, in Order to Maintain Acceptable Service Ratios or Other Performance Objectives for Parks The General Plan EIR identifies that the City has a deficiency of approximately 38.8 acres of park acreage, with 7 of 12 service areas experiencing a deficit of recreational acreage. Newport Center is in Service Area 9 and has 19 acres of existing parks, an excess of 8.1 acres of parks over the City standard of 5 acres per 1,000 persons. Page 4.12 -3 of the General Plan EIR identifies that a planned park in Newport Center "would help alleviate the citywide park deficit' although Newport Center has a park surplus. The Back Bay View Park was completed in 2005, and a new passive park, Newport Center Park, is planned for development. The General Plan EIR states that "the construction and enhancement of park and recreational facilities and implementation of the goals and policies proposed in the General Plan would ensure that increased demand and use resulting from an increase in citywide population would not significantly accelerate the deterioration of existing recreational facilities. "26 The General Plan EIR notes the open space benefits that the Applicant has provided through the Circulation and Improvement and Open Space Agreement ( CIOSA). Page 4.12 -4 states: Some of the City's parks and open space areas consist of dedicated lands through the Circulation and Improvement and Open Space Agreement ( CIOSA). This agreement is between the City of Newport Beach and The Irvine Company, and has allowed building entitlements for The Irvine Company in exchange for payments for circulation projects, an interest free loan, and land for open space and potential senior housing sites for the City. The amount of open space land dedication was substantially more than what would have been required under the City's Park Dedication Ordinance. Six sites have been dedicated under CIOSA in Newport Beach, and include: Back Bay View Park, Newport Center Park (formerly Newport Village), Newporter Knoll, Freeway Reservation, Upper Castaways, and Harbor Cove. Another site, located at Jamboree Road and MacArthur Boulevard, has been offered for 2e Ibid., page 4.12 -15. F9USEMPLMShare0%PA's%PAs 200nPA2007 151QD07 12 11 CC12007 11 29 Draft Addeneum.d. 3-32 Envlr Addendum to City of Newport Beach General Plan 2006 Update EIR dedication and will be dedicated upon issuance of a Certificate of Occupancy for final CIOSA project. The Applicant did not implement all of the development that was allowed pursuant to CIOSA, and provided more park and open space dedication than required for the development that was completed. Through the Development Agreement, the Project includes cancellation of CIOSA. The demand for park facilities that would have resulted from unbuilt entitlement in CIOSA would not be realized. As with new development projects throughout the City, future development in the four sub -areas would be required to comply with the 2006 General Plan Update policies on open space. Through the Development Agreement, the Project includes the payment of park in -lieu fees for 430 residential units, with half the total amount ($5,600,000) to be paid earlier than required. The General Plan EIR finds that compliance with General Plan Update would result in less than significant impacts to parks and recreational facilities. These policies include the requirement that future development dedicate land or pay in -lieu fees at a minimum of 5 acres of parkland per 1,000 persons, and require the use of funding from the City's Park Dedication Fee Ordinance to enhance existing parks and recreation facilities (General Plan Update Policies R1.1 and R2.1).27 General Plan Policy R 1.10 includes three planned parks in West Newport, Newport Center, and Newport Coast. The Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the General Plan EIR. Mitigation Program Policies of the 2006 General Plan were adopted as a mitigation program that minimized impacts associated with buildout of the City of Newport Beach, including the implementation of future development in Fashion Island, Block 500, Block 600, and San Joaquin Plaza. Level of Significance After Mitigation Consistent with the findings of the General Plan EIR, the General Plan EIR identifies that impacts to parks and recreation facilities would be less than significant. Finding of Consistencv With General Plan EIR Pursuant to Section 15162 of the CEQA Guidelines, the City of Newport Beach has determined, on the basis of substantial evidence in the light of the whole record, that the North Newport Center Project does not propose substantial changes to the project; no substantial changes would occur which would require major revisions to the General Plan EIR due to the involvement of new significant environmental effect - -- or a substantial increase in the severity of previously identified significant effects; and no new information of substantial importance has been revealed since the certification of the General Plan EIR. 3.14 TRANSPORTATIONITRAFFIC The following thresholds of significance are as set forth in the General Plan EIR. It states that'... implementation of the proposed project may have a significant adverse impact on transportation or circulation if it would result in any of the following: v ]bid., page 4.12 -17. F:% USER &PL"hare0%PA's1PA$- 200TPA200 7- 1 51120 0 7 -12 -11 CC12007 -11 -29 Dmft AAtlen0om.doc 3 -33 Envir Addendum to Citv of Newport Beach General Plan 2006 Update EIR • Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections) • Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways • Result in a change in air traffic patterns, including either an increase in traffic levels or a change in locations that results in substantial safety risks • Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment) • Result in inadequate emergency access • Result in inadequate parking capacity • Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)" No Substantial Change from Previous Analysis. Transportation impacts have been previously analyzed as part of the General Plan EIR, which was prepared and certified pursuant to State and City CEQA Guidelines. Minor additions and /or clarifications are needed to make the previous document adequate to cover the actions that are currently proposed, which are documented below and serve as an Addendum to the General Plan EIR. Summary Analvsis Cause an Increase in Traffic Which is Substantial in Relation to the Existing Traffic Load and Capacity of The Street System (i.e., Result In A Substantial Increase in Either the Number of Vehicle Trips, the Volume to Capacity Ratio on Roads, or Congestion at Intersections) The General Plan EIR identifies that implementation of the 2006 General Plan could result in a substantial increase in the number of vehicle trips, volume to capacity on roadways, and congestion at intersections when compared to existing conditions in the City. Deficiencies could also occur at freeway segments and ramps. Volume 1A of the General Plan Final EIR identifies that the traffic study accounts for use of currently unused development entitlements. On page 4.13 -1 of the General Plan EIR, the traffic analysis assumes buildout of the City, inclusive of Fashion Island, Block 500, Block 600, and San Joaquin Plaza, consistent with the 2006 General Plan. However, improvements are identified in the General Plan Circulation Element to mitigate citywide impacts to a level that is considered less than significant. However, the City's roadway system must also accommodate regional cumulative vehicular traffic. With improvements identified in the Circulation Element, cumulative impacts to intersection operations can be mitigated to a less than significant level. However, the City's contribution to cumulative impacts associated with freeway segments and ramps would remain significant and unavoidable. The Project is not expected to be completed within 60 months of approval, and it includes a circulation improvement plan, explained in detail in the Development Agreement. The Project therefore qualifies as a Phased Land Use Development and Circulation Improvement Plan F:kUSERS%P MSnare&PA's1PAs- 200nPA2007- 15112007 -12 -11 CC 12007 -11 -29 Draft Adden&m.doc 3 -34 EnVb Addendum to Citv of Newport Beach General Plan 2006 Update E!R under the City's Traffic Phasing Ordinance, Municipal Code §15.40.030.B.2. A traffic study has been prepared pursuant to the Traffic Phasing Ordinance, and "feasible mitigation" (consistent with the 2006 General Plan Circulation Element) is part of the Project. The following provides a summary of the North Newport Center Traffic Phasing Ordinance Study prepared by Austin -Foust Associates, Inc. in November 2007. The study is included in its entirety as Appendix A. The Traffic Phasing Ordinance (TPO) traffic study included the analysis of 40 intersections in the City including 5 intersections on Newport Center Drive using the City's required TPO procedure. This procedure includes both a one percent test and, where necessary, an intersection capacity utilization (ICU) analysis. Consistent with the City's TPO analysis guidelines, the Project is analyzed under short-range conditions (existing volumes plus a regional growth factor and approved projects) without and with cumulative projects (i.e., projects reasonably expected to be complete within one year after project completion which are located within the City of Newport Beach or its Sphere of Influence). Trip Generation Distribution and Analysis. The applicable trip rates and incremental trip generation for the Project is presented in Table 2. The increase in traffic includes a credit for the removal of existing uses. The Project is forecast to generate a net increase over existing of 348 trips in the AM peak hour, 311 trips in the PM peak hour, and 2,399 daily trips. TABLE 2 TRIP GENERATION SUMMARY Land Use Amount AM Peak Hour PM Peak Hour ADT In Out I Total In Out Total TRIP RATES (ITE) Residential DU 0.06 0.28 0.24 0.14 0.38 4.18 Quali ty Restaurant TSF 0.66 0.15 5.02 2.47 7.49 89.95 Shopping Center TSF 0.19 0.12 MO,34 0.77 0.84 1.61 16.79 Office (Regression Eq)a TSF 0.95 0.13 0.19 0.93 1.12 7.07 Health Club TSF 0.51 0.70 2.07 1.98 4.05 32.93 TRIP GENERATION Existing Uses to be Removed Block 600 Quality Restaurant 16.4 TSF 11 2 13 83 41 123 1,479 Office 8.3 TSF 8 1 9 2 8 10 59 Health Club 17.3 TSF 9 12 21 36 34 70 570 Total Credit -28 15 -43 -121 -83 -203 -2,108 Proposed Uses Block 500 Office 205.2 TSF 195 27 222 39 191 230 1,451 Block 600 Residential 430 DU 26 120 146 103 60 163 1,797 Fashion Island Shopping Center 75.0 TSF 14 9 23 58 63 121 1,259 Total Proposed Trips 235 156 391 200 314 514 4,507 NET INCREASE 2D7 141 348 79 231 311 2,399 Tnp rates per TSF determined from applying the ITE office regression equations to the existing (408 TSF) and proposed future (614 TSF) office use, and calculating the rates based on the square footage increment (206 TSF). FIUSEMPLMShared 'PA'SIPAS- 200nPA2007.15' 02007.12-11 M20071129 Drafl Add.dum.doc 335 Envir Addendum to City of Newport Beach General Plan 2006 Update E!R Source: Austin -Foust Associates, Inc. 2007 For trip distribution, an internal capture rate of 10 percent was used for residential and retail uses. This rate was determined based on ITE's recommended procedure and is consistent with the City's General Plan EIR traffic study, which used a 10 percent capture rate for mixed use areas. For the office space, a five percent internal capture rate was used. A separate trip assignment was prepared for each of the three separate uses (retaiVshopping center, residential, and office) in the Project. These assignments, shown by individual uses in Figures A -1 through A -3 in Appendix A, are as follows: 1. North on MacArthur Boulevard 20 -40 percent 2. North on Jamboree Road 15 -30 percent 3. West on Coast Highway 15 -30 percent 4. East on Coast Highway 10 percent One Percent Analysis. The results of the TPO One Percent Analysis are presented in Table 3. This analysis identifies the intersections where the Project adds one percent or more to the background peak hour volume, in which case a more vigorous capacity analysis is performed. Opening year for the Project is assumed to be 2009; therefore, the project year for this analysis is 2010. Table 3 identifies that 39 traffic study area intersections have increases of one percent or greater of existing -plus- approved or existing -plus- approved - plus - cumulative volumes during the AM or PM peak hour. As a result, further analysis is required and a peak hour ICU analysis was conducted for the 39 locations. TABLE 3 ONE PERCENT ANALYSIS Intersection AM Peak Hour Project Volumes Less Than I% of Peak Hour Volumes NB SB EB WB w/o Cumulative w /Cumulative 1. MacArthur & Campus 8 20 0 0 No No 2. MacArthur & Birch 8 20 20 0 No No 3. MacArthur & Von Karman 8 20 0 0 No No 4. Jamboree & Campus 8 20 0 0 Yes Yes 5. Jamboree & Birch 8 20 0 0 Yes Yes 6. MacArthur & Jamboree 8 20 8 20 No No 7. Bayview & Bristol South (EB) 0 0 32 0 No No 8. Jamboree & Bristol North (WB) 29 20 0 0 No No 9. Jamboree & Bristol South (EB) 26 20 31 0 No No 10. Jamboree & Bayview 30 52 0 1 0 No No 11. Jamboree & Eastbluff /University 35 52 0 0 No No 12. Jamboree & Bison 42 53 0 1 No No 13. Jamboree & Eastbluff /Ford 42 54 0 0 No No 14. Jamboree & San Joaquin Hills 0 54 0 42 No No 15. Jamboree & Santa Barbara 1 0 0 17 No No 16. Jamboree & Coast Highway 0 17 30 15 No No 17. MacArthur & Bison 33 61 6 21 No No 18. MacArthur & Ford /Bonita Canyon 39 80 0 0 No No 19. MacArthur & San Joaquin Hills 0 82 40 0 No No F.IUSERS%PAN%Sh6rM%PA's1PAs - 20071PA2007- 15112007 -12 -11 CQ2007 -11 -29 Draft Addend=.dm 3 -36 Envir Addendum to City of Newport Beach General Plan 2006 Update EIR TABLE 3 (Continued) ONE PERCENT ANALYSIS Intersection AM Peak Hour Project Volumes Less Than 1% of Peak Hour Volumes HB. SB EB WE w/o Cumulative wicumulative 20. MacArthur & San Miguel 1 0 11 7 No No 21. MacArthur & Coast Highway 0 11 2 19 No No 22. Santa Cruz & San Joaquin Hills 35 0 54 7 No No 23. Santa Rosa & San Joaquin Hills 36 0 49 4 No No 24. San Miguel & San Joaquin Hills 0 9 0 0 No No 25. Avocado & San Miguel 49 8 10 9 No No 26. Balboa /Superior & Coast Highway 0 0 11 18 No No 27. Newport & Coast Highway 0 10 11 18 No No 28. Riverside & Coast Highway 0 0 22 26 No No 29. Tustin & Coast Highway 0 0 22 26 No No 30. Dover /Bayshore & Coast Highway 0 9 22 32 No No 31. Bayside & Coast Highway 0 0 31 32 No No 32. Newport Center & Coast Highway 0 9 29 1 No No 33. Avocado & Coast Highway 0 7 28 18 No No 34. Goldenrod & Coast Highway 0 0 14 19 No No 35. Marguerite & Coast Highway 0 0 14 19 No No 36. Newport Center & Santa Barbara 0 0 2 1 No No 37. Santa Cruz & Newport Center 1 2 0 0 No No 38. Newport Center & Santa Rosa 6 30 0 0 No No 39. Newport Center & San Miguel 3 17 2 0 No No 40. Fashion Island & Newport Center { 0 1 0 10 No No Intersection 1. MacArthur & Campus 2. MacArthur & Birch PM Peak Hour Project Volumes Less Then 1%of Peak How Volumes NB s6 ES W_ B_ w/o Cumulative No No w /Cumulative No 21 6 0 0 0 0 21 6 No 3. MacArthur & Von Karman 21 6 0 0 No No 4. Jamboree & Campus 21 6 0 0 Yes Yes 5. Jamboree & Birch 21 6 0 0 No No 6. MacArthur & Jamboree 21 6 21 6 No No 7. Bayview & Bristol South (EB) 0 0 18 0 Yes Yes 8. Jamboree & Bristol North (WB) 58 6 0 0 No No 9. Jamboree & Bristol South (EB) 28 1 6 15 0 No I No 10. Jamboree & Bayview 57 25 0 0 1 No No 11. Jamboree & Eastbluff /University 59 25 0 2 No No 12. Jamboree & Bison 62 27 0 5 No No 13. Jamboree & Eastbluff /Ford 62 32 0 0 No No 14. Jamboree & San Joaquin Hills 0 32 0 62 No No 15. Jamboree & Santa Barbara 6 0 0 5 Yes Yes 16. Jamboree & Coast Highway 0 5 13 31 No No 17. MacArthur & Bison 84 21 3 11 No No 18. MacArthur & Ford /Bonita Canyon 86 28 0 2 No No 19. MacArthur & San Joaquin Hills 0 30 87 0 No No 20. MacArthur & San Miguel 4 0 9 0 Yes Yes F IUSER51PW1Snare TNsTM- 200]PA2007 - 1511200712 -11 CC12007-11 -29 Draft AWendum.doc 3 -37 EOVh Addendum to City of Newport Beach General Plan 2006 Update EIR TABLE 3 (Continued) ONE PERCENT ANALYSIS Intersection. AM Peak Hour Project Volumes Less Than 1 % of Peak Hour Volumes NB SB EB WB wto Cumulative wlCumulative 21. MacArthur & Coast Highway 0 3 15 2 Yes Yes 22. Santa Cruz & San Joaquin Hills 14 0 32 48 No No 23. Santa Rosa & San Joaquin Hills 59 0 10 14 No No 24. San Miguel & San Joaquin Hills 6 0 0 0 Yes Yes 25. Avocado & San Miguel 10 58 1 0 1 No No 26. BalboafSuperior & Coast Highway 0 0 8 15 Yes Yes 27. Newport & Coast Highway 0 1 4 8 15 Yes Yes 28. Riverside & Coast Highway 0 0 13 27 Yes Yes 29. Tustin & Coast Highway 0 0 13 27 No Yes 30. DoverBayshore & Coast Highway 0 1 13 37 No Yes 31. Bayside & Coast Highway 0 0 13 37 No No 32. Newport Center & Coast Highway 0 0 7 17 Yes Yes 33. Avocado & Coast Highway 0 48 2 0 No No 34. Goldenrod & Coast Highway 0 0 18 2 Yes Yes 35. Marguerite & Coast Highway 0 0 18 2 No Yes 36. Newport Center & Santa Barbara 0 0 9 9 No No 37. Santa Cruz & Newport Center 9 9 0 0 No No 38. Newport Center & Santa Rosa 26 15 0 0 No No 39. Newport Center & San Miguel 10 0 16 0 No No 40. Fashion Island & Newport Center 1 9 0 0 No No Source: Austin -Foust Associates, Inc., 2007 ICU Analysis. The results of the ICU analysis are presented in Table 4. A significant project impact is defined as an increase of 0.01 or more in the ICU value at an intersection that reaches LOS E or F. Examination of the results shows that the Project would result in a significant impact at three locations under existing -plus- approved - plus - cumulative conditions. These three locations with their respective with - project ICU values are: Intersection AM Project Increment PM Project Increment 19. MacArthur Boulevard and San Joaquin Hills Road 0.73 0.040 0.93 0.027 34. Goldenrod Avenue and Coast Highway 0.91 0.006 0.85 0.005 34. Marguerite Avenue and Coast Highway 0.98 0.006 0.92 0.006 In summary, the Project would cause three traffic study area locations to exceed the TPO standard of LOS D. The Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the General Plan EIR. The Project would also allow for the transfer of some existing and entitled uses in Block 600 and replace it with office uses in Block 500. As part of the proposed transfer of uses, the Applicant and the City wish to reserve 72,000 sf of the office use for a possible new City Hall in Block 500. P' WSERSIPLMSnared \PASIPAS- 20071PA2007- 1592007 -12 -11 CW007 -11 -29 Craft Addendum.doc 3 -38 Envir Addendum to City of Newport Beach General Plan 2006 Update E/R The transfer of development rights within Newport Center is allowed in accordance with the City of Newport Beach General Plan Policy LU 6.14.3 provided the transfer will not result in any adverse traffic impacts. A Trip Transfer Study was prepared by Austin -Foust Associates, Inc. in November 2007 to examine the conversion and transfer of the entitled uses into equivalent office uses on the basis of a PM peak hour trip generation equivalency basis. The study is summarized below and included in Appendix A. The transfer would allow for existing uses including a health club, restaurant, and office as well as remaining, but as yet unused entitlement for hotel uses in Block 600, with office use in Block 500. Existing uses in Block 600 equal 42,036 sf of office, restaurant and, health club uses. The unused entitlement in Block 600 is 195 hotel rooms. These entitled uses in Block 600 could be replaced in Block 500 with office use, 72,000 sf of which may be used for a new City Hall. The analysis is based upon use of the worst -case PM peak hour trip rates. Rates for the analysis were taken from the ITE 7th Edition Trip Generation publication. The trips generated by the uses proposed to be eliminated are presented in Table 5. As indicated, the uses included as the basis of the proposed transfer are projected to generate 339 PM peak hour trips. A potential new City Hall of 72,000 sf would generate 108 peak hour trips (based on a rate of 1.5 trips per 1,000 square feet [TSF]) leaving 231 trips, which can be allocated toward other uses. These 231 PM peak hour trips equate to 206,000± sf of office use based on a trip rate of 1.12 trips/TSF. The Project consists of 205,161 sf of office space in Block 500. Therefore, the total PM peak hour trip generation associated with the converted uses proposed for Block 500 would be 338 trips. 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In N a t6 0 w` Addendum to Citv of Newport Beach General Plan 2006 Update EIR TABLE 5 CONVERTED USES In summary, the currently entitled uses in Block 600 (i.e., 195 hotel rooms and 42,036 sf of health club, retail, and office uses) proposed for transfer to Block 500 equate to 339 PM peak hour trips. These 339 trips would match the amount of PM peak hour trips projected to be generated by a new 72,000 sf City Hall plus another 205,161 sf of office use. Therefore, the proposed transfer of development rights would not result in any adverse traffic impacts. The Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the General Plan EIR. Exceed, Either Individually or Cumulatively, a Level of Service Standard Established By the County Congestion Management Agency for Designated Roads or Highways The General Plan EIR identifies that all Congestion Management Plan arterials in the City would continue to operate at acceptable levels of service (LOS E or better) with implementation of the 2006 General Plan. The Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the General Plan EIR. Result In A Change In Air Traffic Patterns, Including Either An Increase In Traffic Levels Or A Change In Locations That Results In Substantial Safety Risks As previously addressed in this Addendum, the four sub -areas are in the AELUP for the John Wayne Airport. The ALUC has found the City of Newport Beach to be a consistent agency with the AELUP. Additionally, the four sub -areas are within the AELUP Height Restriction Zone. Within this zone, notice to the Federal Aviation Administration (FAA) is required for construction or alteration to any building more than 200 feet above ground level. Prior to construction or alteration of a building more than 200 feet above ground level a Determination of No Hazard FBUSERS\PLMSharetl PA's1PA - 200nPA2007 15112007 12 -11 M2007 11 29 Draft Adde'dumA.c 3 -42 Envir PM PM Use (Entitled in Block 600) Peak. Hour Rate Peak Trips Hotel (195 Rooms) — Unbuilt Entitlement 0.70 (ITE 310)' 136 Family Fitness (17,300' sf) — Existing 4.05 (ITE 492)c 70 Palm Gardens (16,447' sf) — Existing 7.49 (ITE 931)° 123 Eliminated Office (6,789' sf) — Existing 1.12 (ITE 710)' 8 Eliminated Office (1,500 sf) — Existing 1.12 (ITE 710)' 2 Total 339 Use (Proposed in Block 500) Office (205,161 sf) 1.12 (ITE 710)' 230 City Hall (72,000 sf) 1.50 (ITE 750)` 108 Total 338 a Hotel (rates applied for each occupied room) b Per building permit information c Health Club (rates per TSF) d Quality Restaurant (rates per TSF) e Trip rate per TSF determined from applying the ITE office regression equation to the existing (408 TSF) and proposed future (614 TSF) office use, and calculating the rate based on the square footage increment (206 TSF) f Closest ITE rate (in both function and magnitude) to match the GP assumption for City Hall trip generation. Source: Austin -Foust Associates, Inc. 2007 In summary, the currently entitled uses in Block 600 (i.e., 195 hotel rooms and 42,036 sf of health club, retail, and office uses) proposed for transfer to Block 500 equate to 339 PM peak hour trips. These 339 trips would match the amount of PM peak hour trips projected to be generated by a new 72,000 sf City Hall plus another 205,161 sf of office use. Therefore, the proposed transfer of development rights would not result in any adverse traffic impacts. The Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the General Plan EIR. Exceed, Either Individually or Cumulatively, a Level of Service Standard Established By the County Congestion Management Agency for Designated Roads or Highways The General Plan EIR identifies that all Congestion Management Plan arterials in the City would continue to operate at acceptable levels of service (LOS E or better) with implementation of the 2006 General Plan. The Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the General Plan EIR. Result In A Change In Air Traffic Patterns, Including Either An Increase In Traffic Levels Or A Change In Locations That Results In Substantial Safety Risks As previously addressed in this Addendum, the four sub -areas are in the AELUP for the John Wayne Airport. The ALUC has found the City of Newport Beach to be a consistent agency with the AELUP. Additionally, the four sub -areas are within the AELUP Height Restriction Zone. Within this zone, notice to the Federal Aviation Administration (FAA) is required for construction or alteration to any building more than 200 feet above ground level. Prior to construction or alteration of a building more than 200 feet above ground level a Determination of No Hazard FBUSERS\PLMSharetl PA's1PA - 200nPA2007 15112007 12 -11 M2007 11 29 Draft Adde'dumA.c 3 -42 Envir Addendum to Citv of Newport Beach General Plan 2006 must be obtained from the FAA. A determination of No Hazard is the FAA's independent finding that a proposed structure will not pose a hazard to air navigation. The PC Text requires that any structure above 200 feet will be forwarded to the FAA for their independent analysis. The Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the General Plan EIR. As set forth in the General Plan EIR, impacts to John Wayne Airport operations with implementation of the 2006 General Plan are less than significant. Substantially Increase Hazards Due To A Design Feature (e.g., Sharp Curves Or Dangerous Intersections) Or Incompatible Uses (e.g., Farm Equipment) The General Plan EIR notes that site - specific projects are not addressed in the 2006 General Plan. As such, it would speculative to determine if any particular project would be designed in a manner to cause safety hazards. The General Plan EIR does identify that none of the circulation improvements identified in the EIR would introduce safety hazards and would not result in significant impacts. With respect to the four sub - areas, as currently developed areas, it is expected that future development consistent with the 2006 General Plan would use the existing roadway system and as such would not cause safety hazards. Any traffic improvements for the Project are consistent with the assumptions set forth in the General Plan EIR, and as noted above, would not result in significant impacts. . The Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the General Plan EIR. Result in Inadequate Emergency Access As previously addressed in this Addendum, the General Plan EIR notes that increased population and development could result in congested traffic conditions. The 2006 General Plan identifies policies to ensure that the city's Emergency Management Plan is regularly updated, provides for efficient and orderly citywide evacuation, and ensures that emergency service personnel are knowledgeable of the relevant response plans for the City. Consistent with the findings of the General Plan EIR, the General Plan EIR identifies that traffic impacts related to emergency access would be less than significant with mitigation. The Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the General Plan EIR. Result In Inadequate Parking Capacity The General Plan EIR does not identify Newport Center as an area of the City with limited parking availability. The North Newport Center Project, as with other projects in the City, would be required to comply with parking requirements identified in the City's Municipal Code. The Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the General Plan EIR. Conflict with Adopted Policies, Plans, Or Programs Supporting Alternative Transportation (e.g., Bus Turnouts, Bicycle Racks) The 2006 General Plan Circulation Element includes policies related to transportation systems management, transportation demand management, etc. These policies encourage alternative modes of transportation. The General Plan EIR notes that implementation of the 2006 General Plan will not result in significant impacts. The Project is in conformance with the assumptions FUSERS \PMSharedlPA'sWAS- 200nPA200 7- 1 51120 0 7 -12 -11 CC@00741�29 Drek Addendum.doc 3 -43 Envil Addendum to City of Newport Beach General Plan 2006 Update EIR set forth in the General Plan EIR. Therefore, implementation of the Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the General Plan EIR. Mitigation Program Policies of the 2006 General Plan were adopted as a mitigation program that minimized impacts associated with buildout of the City of Newport Beach, including the implementation of future development in Fashion Island, Block 500, Block 600, and San Joaquin Plaza. The following mitigation would also be required for the Project: At MacArthur Boulevard and San Joaquin Hills Road, the Applicant shall construct a third eastbound left -turn lane. The intersection would operate at LOS D with the recommended improvement. This improvement is consistent with the General Plan. Consistent with the TPO, this improvement will be completed early in the development phasing (i.e., before issuance of a certificate of occupancy for the first building [other than a parking structure]) constructed as part of the Project, but in no event later than 60 months from the operative date of the Development Agreement. 2. The Applicant shall work with the City on design and development of circulation enhancements in the North Newport Center area, consistent with the General Plan Circulation Element, including widening of Avocado Avenue between San Miguel Drive and San Nicolas Drive, dedication of public right -of -way and enhancement of San Miguel Drive between MacArthur Boulevard and Avocado Avenue, and installation of traffic signals on Newport Center Drive. Level of Significance After Mitigation At the two other impacted intersections (Goldenrod Avenue at Coast Highway and Marguerite Avenue at Coast Highway), there are no feasible improvements available, a fact which has been recognized and accepted in the 2006 General Plan and General Plan EIR which accepts LOS E at these two intersections. Consistent with the findings of the General Plan EIR, the General Plan EIR identifies that traffic impacts related to intersections, Congestion Management Plan arterials, air traffic patterns, design hazards, emergency access, and parking would be less than significant with mitigation. No feasible mitigation has been identified in the General Plan EIR to reduce impacts to freeway mainlines and ramps; this impact remains significant and unavoidable. Finding of Consistencv With General Plan EIR Pursuant to Section 15162 of the CEQA Guidelines, the City of Newport Beach has determined, on the basis of substantial evidence in the light of the whole record, that the North Newport Center Project does not propose substantial changes to the project; no substantial changes would occur which would require major revisions to the General Plan EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and no new information of substantial importance has been revealed since the certification of the General Plan EIR. F:WSERSPWIShared PA 'stPAS- 200TPA200Y- 1511200] -12 -11 M2007- 11- 290ra% AOdendu.Aoc 3-44 Envi/ Addendum to Citv ofNewoort Beach General Plan 2006 Update EIR 3.15 UTILITIES AND SERVICE SYSTEMS The following thresholds of significance are as set forth in the General Plan EIR. It identifies that implementation of the proposed General Plan Update may have a significant adverse impact on utilities and service systems if it would result in any of the following: • Require or result in the construction and /or expansion of water supply or wastewater facilities, or new energy or natural gas production or transmission facilities, the construction of which could cause significant environmental impacts • Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new and expanded entitlements needed • Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board • Would the project be served by a landfill with insufficient permitted capacity to accommodate the project's solid waste disposal needs • Would the project fail to comply with applicable federal, State, and local statutes and regulations related to solid waste No Substantial Change from Previous Analysis. Utility and service system impacts have been previously analyzed as part of the General Plan EIR, which was prepared and certified pursuant to State and City CEQA Guidelines. Minor additions and /or clarifications are needed to make the previous document adequate to cover the actions that are currently proposed, which are documented below and serve as an Addendum to the General Plan EIR. Summary Analysis Require or Result in the Construction and/or Expansion of Water Supply or Wastewater Facilities, or New Energy or Natural Gas Production or Transmission Facilities, the Construction of Which Could Cause Significant Environmental Impacts Have Sufficient Water Supplies Available To Serve the Project from Existing Entitlements and Resources, or Are New and Expanded Entitlements Needed Water Supply and Treatment The General Plan EIR notes that buildout of the 2006 General Plan could require the construction of new and /or expanded water treatment plants or water conveyance systems, and that water demand may exceed existing water entitlements. Three sources provide water service to the City of Newport Beach: the City, Irvine Ranch Water District (IRWD), and Mesa Consolidated Water District (MCWD). Water supplied by the City is purchased from two sources. Groundwater is purchased from the Orange County Water District (OCWD) and imported water is purchased from the Metropolitan Water District of Orange County (MWDOC). The water supply assessment conducted for the General Plan EIR assumed full buildout of the 2006 General Plan land uses, inclusive of Fashion Island, Block 500, Block 600, and San Joaquin Plaza. Page 4.14 -20 of the General Plan EIR states: MWDOC, the City's provider of imported water, IRWD, and Mesa have each indicated they can accommodate the additional demand from the proposed General Plan Update in addition to future growth assumed in the respective FWSERS1PLMSharedlPA'slPA - 20071PA200745112007- 1211 CC '2007 -11 -29 Draft Addenduar.doc 3-45 Envir ( ' Addendum to City of Newport Beach General Plan 2006 Update EIR UWMPs [Urban Water Management Plans]. In addition, the implementation of conservation measures would be required on a project- specific basis and water shortage contingency plans would further reduce additional water demand. Finally, future development is required to adhere to Section 10910 of the California Water Code. Therefore, the cumulative impact to water supply would be less than significant. In addition to MWDOC, IRWD and Mesa, OCWD projects that there would be sufficient groundwater supplies to meet any future demand requirements in Newport Beach.28 The General Plan EIR concluded that there is sufficient water supply to meet the needs of the City. The General Plan EIR also addressed potential affects of new development on groundwater supplies and concluded that impacts will be less than significant due to conservation policies in the 2006 General Plan. The City's Water Supply Plan accounted for the demand associated with buildout of the 2006 General Plan land uses. The 2006 General Plan includes policies to conserve water and reduce potential impacts to groundwater supply. Citywide, projects inclusive of development in the four sub -areas are required to comply with the City's fair share requirements and with General Plan Update policies on water conservation. Compliance makes impacts less than significant. The General Plan EIR states: "...any request for service resulting from new development would be subject to a site - specific evaluation of the existing water system's capacity to service the development. If improvements to the existing water system are required or additional facilities are needed, the property developer would be required to pay its fair share of the cost of all or portions of the needed improvements ."29 General Plan Update goals and policies promote water conservation and limit water consumption. As such, impacts were found to be less than significant. The Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the General Plan EIR. The General Plan EIR states that Additional development accommodated under the proposed General Plan Update would increase water use within the City, thus increasing the need for water treatment services... [the Metropolitan Water District] MWD can meet 100 percent of the City's imported water needs until the year 2030... any request for service resulting from new development would be subject to a site - specific evaluation of the existing water system's capacity to service the development. If improvements to the existing water system are required or additional facilities are needed, the property developer would be required to pay its fair share of the cost of all or portions of the needed improvements.30 Impacts of the proposed project would be less than significant because General Plan Update Policy LU 2.8 directs the City to accommodate land uses that can be adequately supported by infrastructure, including water treatment and conveyance facilities. As such, adequate water infrastructure would be provided for all development assumed in the 2006 General Plan, inclusive of the four sub - areas. The General Plan EIR finds that "... because future development under the proposed General Plan Update would be required to adhere to existing regulations and the proposed policies identified above, no impact would result." (See 4.14 -30) The Project 28 Ibid.. page 4.14 -8. 29 Ibid., page 4.14 -17. 30 City of Newport Beach, Final Environmental Impact Report for the General Plan 2006 Update, July 26, 2006, page 4.14 -17. F: %USERS%PLMSn8ledPA'9TAS 200TPA2007 15112007 -12 -11 CC12007 -11 -29 CraN Addendum.dac 3-46 Envir Addendum to City of Newport Beach General Plan 2006 Update EIR is in conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the General Plan EIR. Natural Gas Southern California Gas Company (SCGC) provides natural gas service for the City of Newport Beach. The General Plan EIR states: Any expansion of service necessitated by implementation of the proposed General Plan Update would be in accordance with SCGC's policies and extension rules on file with the California Public Utilities Commission at the time contractual agreements are made. Because the natural gas demand projected for the proposed General Plan Update would not exceed available or planned supply, new infrastructure would not be required to serve the proposed project. Therefore, no impact would result.31 The Project is expected not to have a significant impact on natural gas supplies because natural gas demand projected for General Plan buildout, inclusive of the four sub - areas, would not exceed available or planned supply and because new infrastructure would not be needed to serve the four sub - areas. The Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the General Plan EIR. Exceed Wastewater Treatment Requirements of the Applicable Regional Water Quality Control Board Require or Result in the Construction and /or Expansion of Water Supply or Wastewater Facilities, or New Energy or Natural Gas Production or Transmission Facilities, the Construction of Which Could Cause Significant Environmental Impacts Have Sufficient Water Supplies Available To Serve the Project from Existing Entitlements and Resources, or Are New and Expanded Entitlements Needed Sewer Systems Wastewater from the City's sewer system is treated by the Orange County Sanitation District (OCSD). The General Plan EIR identifies that a majority of the City's sewage flow is pumped to the OCSD Plant No. 2; flows from the portion of the City north of the Corona del Mar Freeway (State Rout 73) are pumped to Plant No. 1. The General Plan EIR states: ...policies under the proposed General Plan Update require the renovation of all older sewer pump stations and the installation of new plumbing according to most recent standards, and implementation of the Sewer System Management Plan and Sewer Master Plan. Implementation of the proposed General Plan Update policies requires adequate wastewater facilities and conveyance systems to be available to the City residents. Therefore, impacts to the wastewater treatment facilities associated with increased growth in the City would be less than significant.32 31 Ibid., page 4.14 -50. 32 Ibid., page 4.14 -32. F:WSERSPLMShared PXMPM - 200TPA2007- 151\20%12 11 M2007 11 29 Drefi Addendum d.c 3-47 Envir ,I Addendum to City of Newport Beach General Plan 2006 Update EIR Impacts from implementation of the 2006 General Plan, inclusive of the Project, are expected to have a less than significant impact to sewer systems because implementation of the Sewer System Management Plan and Sewer Master Plan, in conjunction with General Plan policies relating to sewer systems, would reduce impacts to a less than significant level. The Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the General Plan EIR. Would the Project be Served by a Landfill with Insufficient Permitted Capacity to Accommodate the Project's Solid Waste Disposal Needs Would the Project Fail to Comply With Applicable Federal, State, and Local Statutes and Regulations Related to Solid Waste Solid Waste Disposal As noted in the General Plan EIR, the Frank R. Bowerman Sanitary Landfill serves the City, and states: The increase in solid waste generated by the development under the proposed General Plan Update would not exceed capacity of the landfill. In addition, AB 939 mandates the reduction of solid waste disposal in landfills. Consequently, this analysis assumes a worst -case scenario, as it is anticipated that at least approximately 50 percent of the estimated increase in solid waste generation could be diverted (or approximately 10,830 tons /year). Therefore, the Frank R. Bowerman Sanitary Landfill would have sufficient capacity to serve the increased development within the City under the proposed General Plan Update 33 Citywide buildout under the 2006 General Plan assumptions would not have an impact on solid waste generation or disposal at the Bowerman Landfill. However, on a cumulative basis, the General Plan EIR "without approved specific plans for substantial expansion of the landfill facilities that serve the County, solid waste generation from approved and foreseeable cumulative projects in the project area vicinity would exacerbate regional landfill capacity issues in the future. ,34 Cumulative impacts are considered significant and unavoidable. The Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the General Plan EIR. Mitigation Program Policies of the 2006 General Plan were adopted as a mitigation program that minimized impacts associated with buildout of the City of Newport Beach, including the implementation of futu,e development in Fashion Island, Block 500, Block 600, and San Joaquin Plaza. Level of Significance After Mitigation Consistent with the findings of the General Plan EIR, the General Plan EIR identifies that all utility and service system impacts can be mitigated to a level of less than significant with the exception of cumulative impacts to landfill capacity; this impact remains significant and unavoidable. 33 Ibid., page 4.14 -44. 34 Ibid., page 4.14 -45. F:WSERa PM$haredlPNs \PAS - 20nPA2007-151%2007- 1211 CQ200711 -29 Drafl Addendum.doc 348 Envir Addendum to City of Newport Beach General Plan 2006 Update EIR Findina of Consistency With General Plan EIR Pursuant to Section 15162 of the CEQA Guidelines, the City of Newport Beach has determined, on the basis of substantial evidence in the light of the whole record, that the North Newport Center Project does not propose substantial changes to the project; no substantial changes would occur which would require major revisions to the General Plan EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and no new information of substantial importance has been revealed since the certification of the General Plan EIR. F: WSERSTLNfSbared�PA's \PAs - 200nPA2007- 151@001.12 -11 CC12007-11 -29 Draft Addendur .doc 3 -49 Envir APPENDIX A TRAFFIC STUDIES