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HomeMy WebLinkAboutPRES Office Building B_PA2007-213CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT August 19, 2010 Agenda Item 4 SUBJECT: PRES Office Building B (PA2007 -213) 4300 Von Karman Avenue General Plan Amendment No. GP2007 -009 Planned Community Development Plan Amendment No. PD2007 -006 Tentative Parcel Map No. NP2010 -005 (County Tentative Parcel Map No. 2008 -123) APPLICANT: Professional Real Estate Services, Inc. (PRES, Inc.) PLANNER: Janet Johnson Brown, Associate Planner (949) 644 -3236, jbrown @newportbeachca.gov PROJECT SUMMARY The applicant proposes development of a new three -story office building. The following approvals are requested or required in order to implement the project as proposed: 1. A General Plan Amendment to increase the maximum allowable development limit in Anomaly Location #2 in Statistical Area L4 (Airport Area) of the General Plan Land Use Element by 11,544 gross square feet. 2. An amendment to the Koll Center Newport (PC -15) Planned Community text to allow an increase to the Allowable Building Area for Professional & Business Office Site B by 9,917 net square feet. 3. A tentative parcel map is proposed to subdivide the existing 55,779- square -foot parcel of land into two separate parcels. 4. An exception to the Koll Center Newport Planned Community General Development standards which require a minimum site of area of not less than 30,000 square feet, and a change in the off - street parking requirement of one space for each 225 square feet to one space for each 250 square feet of net floor area. RECOMMENDATION 1. Reopen the public hearing; and 2. Adopt the revised Resolution No. — (Attachment No. PC1) recommending that the City Council: a. Adopt the Mitigated Negative Declaration, including the Mitigation Monitoring and Reporting Program; and b. Approve General Plan Amendment No. GP2007 -009; and PRES Office Building B (PA2007 -213) August 19, 2010 Page 2 c. Approve Planned Community Development Plan Amendment No. PD2007 -006; and d. Approve Tentative Parcel Map No. NP2010 -006, subject to findings and conditions; and e. Approve the requested exceptions to the Koll Center Newport Planned Community General Development standards relative to minimum site area and off - street parking requirements. DISCUSSION At the August 5, 2010 Planning Commission meeting, staff was directed to provide additional analysis regarding consistency of the project with General Plan Land Use Element Policy LU 3.2, and clarification regarding Charter Section 423 and Council Policy A -18. The following information is provided in response to the Commission's direction. General Plan Land Use Element Policy 3.2 Policy LU 3.2 states: Growth and Change Enhance existing neighborhoods, districts, and corridors, allowing for re -use and infill with uses that are complementary in type, form, scale, and character. Changes in use and /or density /intensity should be considered only in those areas that are economically underperforming, are necessary to accommodate Newport Beach's share of projected regional population growth, improve the relationship and reduce commuting distance between home and jobs, or enhance the values that distinguish Newport Beach as a special place to live for its residents. The scale of growth and new development shall be coordinated with the provision of adequate infrastructure and public services, including standards for acceptable traffic level of service. Policy LU 3.2 is intended to provide direction to decision - makers in determining under what circumstances changes in land use, density, or intensity should be considered. This policy recognizes that there are limited areas of the City that are not achieving their full potential and establishes strategies for their enhancement and revitalization. Staff believes that it is intended to apply to certain geographic areas of the City and not to individual properties. Land Use Policy LU 3.3 is also intended to advance Goal LU 3 is, which provides: "Opportunities for Change - Provide opportunities for improved development and enhanced environments for residents in the following districts and corridors ....... John Wayne Airport Area: re -use of underperforming industrial and office properties and development of cohesive residential neighborhoods in proximity to jobs and services..." PRES Office Building B (PA2007 -213) August 19, 2010 Page 3 Staff believes the proposed project can be found consistent with General Plan Policy LU 3.2 for the following reasons: • The former use of the project site was a restaurant with an 84 -space surface parking lot. In 2005, the applicant renovated the existing building and converted it to office use. Due an amendment to the Koll Center Newport Planned Community text in 2006, a restaurant is no longer a permitted use. As a result, there is now a surplus of unused parking spaces on the project site. As there is no entitlement remaining, future development on this site is limited to replacement of the existing building, with a new 7,266- square -foot building'. The site is constrained by a 0.13 FAR because it was originally used as a restaurant site with the required off - street parking spaces. Therefore, the project site is underutilized and cannot be developed to perform at its highest and best use. • The applicant proposes to develop a new commercial office building on the project site which would provide a potential increase in employment opportunities for approximately 53 individuals. The Airport Area has been identified as an ideal location for future housing opportunities. The increase in development limits would provide employment opportunities as existing office and /or industrial uses are replaced with the future development of mixed -use residential villages in the Airport Area. • The proposed new commercial office building could help maintain the City's jobs - to- housing balance if commercial uses are replaced by residential uses in the Airport Area. • The increased development limit would allow for development and infill with a new commercial office building that is complementary in type, form, scale and character, and consistent with the existing development pattern in the area. • The proposed project would be served by adequate infrastructure and public services, and the proposed increase in development limits would not exceed existing service levels for public services or utilities. • As described in the analysis included in the Transportation and Traffic Section of the MND (Pages 3 -59 through 3 -65, and in the Errata, Pages 4 -16 through 4 -18), the proposed project is expected to generate a total of 132 ADT (average daily trips) per day, and a total of 19 a.m. peak hour trips and 18 p.m. peak hour trips. These assumptions are based on criteria from the Institute of Transportation Engineers Trip Generation, 8th Edition. Per the Circulation Element of the General Plan, a Level of Service (LOS) E is considered acceptable at intersections in the John Wayne Airport Area shared with the City of Irvine. The ' The existing building consists of 6,850 gross square feet in area; 416 square feet was demolished and removed during renovation and conversion of the building from restaurant to office use. PRES Office Building B (PA2007 -213) August 19, 2010 Page 4 addition of 19 a.m. peak hour trips and 18 p.m. peak hour trips is not anticipated to worsen the LOS at these shared intersections with implementation of the proposed project. Thus, operation of the proposed project would not impact the standards for acceptable traffic LOS in this area. Charter Section 423 (Measure S) The Planning Commission requested clarification regarding traffic generation Table 1 and Table 2, and the basis for changes to these tables provided by staff at the meeting. Council Policy A -18 provides guidelines for implementing Charter Section 423. The policy contains the methodology for purposes of calculating the peak hour trips of an allowed use and the increase in peak hour trips resulting from a proposed use if a General Plan amendment is approved. Specifically, the policy states that if the allowed use is designated in terms of one or more non - residential use category, peak hour trip rates from the Trip Rate Table for the applicable non - residential use category shall be used. In this case, the proposed project is for the development of a new approximately 11,000- square -foot commercial office building. The applicant has indicated the new office building would be occupied by its company for the expansion of its business operations. Per the Institute of Transportation Engineers (ITE) Manual, 8th Edition, the appropriate use category for an office building of this size is "General Office Building "2 rather than "Single- Tenant Office Building. "3 Table 1 and Table 2 provided in the August 5, 2010 staff report mistakenly used the peak hour trips for the "Single- Tenant Office Building" use category. The tables have been updated to reflect the correct peak hour trips based on the proposed increase of 11,544 square feet to the General Plan Land Use Element, as shown below: ' ""' o�nna nor nor ' ° ° "` 119,212.8 sq.ft. (80 %) 34.19 a.m. trips (80 %) 33.04 a.m. trips (80 %) � This Proposed Amendment 11,544 sq.ft. (100 %) 20 5417_89 a.m. trips (100 %) a.m. 1 9,8617_20 p.m. trips (100 %) 2 The "General Office Building" use category is consistent with the use category utilized in the "Transportation and Traffic" section of the Mitigated Negative Declaration for purposes calculating average daily trips and a.m. and p.m. peak hour trips for an 11,960- square -foot office building. 3 The average square footage of a single- tenant office building studied in the ITE Manual is approximately 100,000 square feet, whereas the average square footage of general office buildings studied in the ITE Manual is significantly less. PRES Office Building B (PA2007 -213) August 19, 2010 Page 5 Table 2 illustrates that if the proposed project is approved, none of the three thresholds that require a vote pursuant to Charter Section 423 are exceeded when added to 80 percent of prior amendment GP2006 -096, 80 percent of this proposed amendment, and 100 percent of proposed amendment GP2008 -007 4 . Amendment GP2007 -009 Proposed Amendment 19,212.8 sq.ft. (80 %) 9,235.2 sq.ft. (80 %) 11,544 sq.ft. (100 %) 34.19 a.m. trips (80 %) I 33.04 a.m. trips (80 %) 4642 14_31a.m. trips (80 %) 14"813.76 p.m. trips (80 %) 34.63 a.m. trips (100 %) a.m. 46.17 p.m. trips (100°/x) A letter was submitted by a law firm on behalf of Meyers Properties on August 5, 2010, (Attachment PC2) asserting that Charter Section 423 does not make a distinction between a.m. and p.m. peak hour trips. The author asserts that "the aggregate peak hour trips will exceed 100 and therefore the amendments are subject to voter approval pursuant to Charter Section 423." This assertion is incorrect. Item H of the Definitions Section of Council Policy A -18 states: "Peak Hour Trips. The term "peak hour trips" means the number of vehicle trips equal to the applicable peak hour trip rate specified in the Trip Rate Table (Exhibit 8) for any allowed use or proposed use multiplied by the entitlement (using the appropriate quantity of the relevant "unit" of measurement specified in the Trip Rate Table). When these Guidelines require a statement or calculation of peak hour trips, the morning and evening peak hour trips shall each be provided and listed separately ....... (emphasis added) Item C of the Procedures Section of Council Policy A -18 states: "City Council Review. The City Council shall determine at the noticed public hearing at which any Amendment is approved if, based on the administrative record .... ..., the Amendment requires voter approval pursuant to Section 423. The City Council shall submit an Amendment to the voters if., 1. The Amendment modifies the allowed uses) of the property or area that is the subject of the Amendment such that the proposed use(s) generate(s) more than one hundred morning or evening peak hour trips than are generated by the allowed use(s) before the Amendment ... ..." (emphasis added) 4 GP2008 -007 is the Newport Business Plaza project, recommended for approval by Planning Commission on August 5, 2010. PRIES Office Building B (PA2007 -213) August 19, 2010 Page 6 Council Policy A -18 clearly distinguishes that morning or evening peak hour trips are calculated and listed separately. As illustrated in Tables 1 and 2, the proposed project will not exceed the peak hour trip threshold of 100 a.m. or p.m. trips when added to 80 percent of a.m. or p.m. peak hour trips resulting from prior amendments to the General Plan Land Use Element. Revised Resolution As explained during staffs presentation, the General Plan Land Use Element designates the project site as Mixed -Use Horizontal 2 (MU -H2), which allows for a variety of uses. However, the applicant proposes to develop and use the site for office use only. Therefore, because the Charter Section 423 peak hour trip rate analysis is based on trip rates for general office use only, the proposed increase in development limit should be restricted to office use only. In order to implement this restriction, staff recommends a new anomaly be created (Anomaly Location #2a), and Table LU2 (Anomaly Locations) of the Land Use Element be revised. The proposed revised Table LU2 and Figure LU11 are attached as Exhibit "B" and Exhibit "C" to the revised resolution (Attachment PC1). Section 3 of the revised resolution has been modified to reflect that the 11,544- gross- square -foot increase to allowable development limit be restricted to office use, and to update the findings of consistency with General Plan Policy LU 3.2. Section 4 of the draft resolution has been modified to reflect the correct project information (provided incorrectly in the draft resolution due to scrivener error). Environmental Review An Errata to the IS /MND (Chapter 4, amended August 13, 20105) has been prepared to address modifications to the document. The changes are related to the CEQA issues that were raised in the public comment letters received during the public review period (May 19 through June 7, 2010), and the letter received on August 5, 2010. The new information in the Errata is provided to clarify and augment the evaluation provided in the draft IS /MND. The additional information and modifications to the document are related to the following categories: Aesthetics, Biological Resources, Hazards and Hazardous Materials, Hydrology and Water Quality, Noise, Public Services, and Transportation and Traffic. Based on this additional evaluation, no new significant environmental impacts were identified, and the conclusions in the IS /MND remain the same. 5 Chapter 4 will be distributed under separate cover electronically on Monday, August 16, 2010, and posted on the City's website. It will include Appendix I, which consists of Biological Memorandum Il, which provides additional information in support of the original IS /MND checklist determination on Biological Resources. Prepared by: Jan t J has n Brown �As ocia @ PYanner ATTACHMENTS PRES Office Building B (PA2007 -213) August 19, 2010 Page 7 Submitted by: 4 Patrick J. Alford Planning Manager PC 1 Draft Resolution with Findings and Conditions PC 2 Comment Letter PC 3 Errata to the Draft IS /MND (distributed under separate cover) Attachment No. PC 1 Draft Resolution with Findings and Conditions RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING ADOPTION OF A MITIGATED NEGATIVE DECLARATION, APPROVAL OF GENERAL PLAN AMENDMENT NO. GP2007 -009, APPROVAL OF PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT NO. PD2007 -006, APPROVAL OF TENTATIVE PARCEL MAP NO. NP2010 -005, AND APPROVAL OF EXCEPTIONS TO THE PLANNED COMMUNITY GENERAL DEVELOPMENT STANDARDS FOR A NEW COMMERCIAL OFFICE BUILDING LOCATED 4300 VON KARMAN AVENUE (PA2007 -213) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by Professional Real Estate Services, Inc. (PRES), with respect to property located at 4300 Von Karman Avenue, and legally described as Parcel 1 of Parcel Map, as per map filed in Book 60, Page 14 of Parcel Maps, in the Office of the Orange County Recorder, requesting approval of: 1) a General Plan Amendment to increase the maximum allowable development limit of the Land Use Element by 11,544 gross square feet, 2) an amendment to the Koll Center Newport (PC -15) Planned Community text to allow an increase to the Allowable Building Area for Professional & Business Office Site B by 9,917 net square feet, 3) approval of a tentative parcel map to subdivide the existing 55,779- square -foot parcel of land into two separate parcels, and an exception to the Koll Center Newport Planned Community General Development standards which require a minimum site of area of not less than 30,000 square feet, and to lower the parking requirement of one space for each 225 net square feet to one space for each 250 net square feet. 2. The applicant proposes to develop a new 11,960- gross- square -foot commercial office building. 3. The subject property is located within the Koll Center Newport (PC -15) Planned Community Zoning District and the General Plan Land Use Element category is Mixed - Use Horizontal 2 (MU -H2). 4. The subject property is not located within the coastal zone. 5. A public hearing was held by the Planning Commission on August 5, 2010, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. Planning Commission Resolution No. PRES Office Building B (PA2007 -213) Page 2 of 11 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. An Initial Study and Mitigated Negative Declaration have been prepared in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3. 2. The draft Mitigated Negative Declaration was circulated for a 20 -day public comment period beginning on May 19, 2010, and ending on June 7, 2010. The contents of the environmental document and comments on the document were considered by the Planning Commission in its review of the proposed project. 3. On the basis of the entire environmental review record, the proposed project, with mitigation measures, will have a less than significant impact upon the environment and there are no known substantial adverse affects on human beings that would be caused. Additionally, there are no long -term environmental goals that would be compromised by the project, nor cumulative impacts anticipated in connection with the project. The mitigation measures identified and incorporated in the Mitigation Monitoring and Reporting Program are feasible and will reduce the potential environmental impacts to a less than significant level. 4. The Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program attached as Exhibit "A" is hereby recommended for adoption by the City Council. The document and all material, which constitute the record upon which this decision for recommendation was based, are on file with the Planning Department, City Hall, 3300 Newport Boulevard, Newport Beach, California. 5. The Planning Commission finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger. SECTION 3. FINDINGS. 1. The project site is located in the Statistical Area L4 (Airport Area) of the Land Use Element of the General Plan, and is identified as Anomaly Location #2. The General Plan Land Use Element designates the project site as Mixed -Use Horizontal 2 ( "MU- 1-12 "). The MU -H2 designation provides for a horizontal intermixing of uses that may include regional commercial office, multifamily residential, vertical mixed -use buildings, industrial, hotel rooms, and ancillary neighborhood commercial uses. The proposed new commercial office building is consistent with this designation. Planning Commission Resolution No. _ FIRES Office Building B (PA2007 -213) Page 3 of 11 2. General Plan Policy LU 3.2 encourages the enhancement of existing neighborhoods, districts, and corridors, by allowing for re -use and infill with uses that are complementary in type, form, scale, and character. The policy states that changes in use and /or density /intensity should be considered only in those areas that are economically underperforming, are necessary to accommodate Newport Beach's share of projected regional population growth, improve the relationship and reduce commuting distance between home and jobs, or enhance the values that distinguish Newport Beach as a special place to live for its residents. The scale of growth and new development shall be coordinated with the provision of adequate infrastructure and public services, including standards for acceptable traffic level of service. The proposed General Plan amendment to increase the maximum allowable development limit by 11,544 gross square feet restricted to office use only, as depicted in Exhibit "B" and Exhibit "C" attached hereto and incorporated by reference, is consistent with General Plan Policy LU 3.2 as follows: • The former use of the project site was a restaurant with an 84 -space surface parking lot. In 2005, the applicant renovated the existing building and converted it to office use. Due an amendment to the Koll Center Newport Planned Community text in 2006, a restaurant is no longer a permitted use. As a result, there is now a surplus of unused parking spaces on the project site. As there is no entitlement remaining, future development on this site is limited to replacement of the existing building, with a new 7,266- square -foot building. The site is constrained by a 0.13 FAR because it was originally used as a restaurant site with the required off - street parking spaces. Therefore, the project site is underutilized and cannot be developed to perform at its highest and best use. • The applicant proposes to develop a new commercial office building on the project site which would provide a potential increase in employment opportunities for approximately 53 individuals. The Airport Area has been identified as an ideal location for future housing opportunities. The increase in development limits would provide employment opportunities as existing office and /or industrial uses are replaced with the future development of mixed -use residential villages in the Airport Area. • The proposed new commercial office building could help maintain the City's jobs -to- housing balance if commercial uses are replaced by residential uses in the Airport Area. • The increased development limit would allow for development and infill with a new commercial office building that is complementary in type, form, scale and character, and consistent with the existing development pattern in the area. The existing building consists of 6,850 gross square feet in area; 416 square feet was demolished and removed during renovation and conversion of the building from restaurant to office use. Planning Commission Resolution No. PRES Office Building B (PA2007 -213) Page 4 of 11 • The proposed project would be served by adequate infrastructure and public services, and the proposed increase in development limits would not exceed existing service levels for public services or utilities. • As described in the analysis included in the Transportation and Traffic Section of the MND (Pages 3 -59 through 3 -65, and in the Errata, Pages 4 -16 through 4 -18), the proposed project is expected to generate a total of 132 ADT (average daily trips) per day, and a total of 19 a.m. peak hour trips and 18 p.m. peak hour trips. These assumptions are based on criteria from the Institute of Transportation Engineers Trip Generation, 8th Edition. Per the Circulation Element of the General Plan, a Level of Service (LOS) E is considered acceptable at intersections in the John Wayne Airport Area shared with the City of Irvine. The addition of 19 a.m. peak hour trips and 18 p.m. peak hour trips is not anticipated to worsen the LOS at these shared intersections with implementation of the proposed project. Thus, operation of the proposed project would not impact the standards for acceptable traffic LOS in this area. 3. General Plan Policy LU 6.15.1 provides for the development of distinct business park, commercial, and airport - serving districts and residential neighborhoods that are integrated to ensure a quality environment and compatible land uses. The proposed General Plan amendment to increase the maximum allowable development limit is consistent with this policy as follows: • The proposed project would provide for development of the site with a new commercial office building, integrated to ensure a quality environment that is compatible with the existing surrounding land uses in the Koll Center Newport Planned Community. 4. Charter Section 423 requires that all proposed General Plan Amendments be reviewed to determine if the square footage (for non - residential projects), peak hour vehicle trip, or dwelling units thresholds would be exceeded as the means to determine whether a vote by the electorate would be required to approve the General Plan Amendment. Pursuant to Council Policy A -18, voter approval is not required as the proposed General Plan Amendment, with the increased development limit of 11,544 gross square feet restricted to office use only, does not exceed the non- residential floor area threshold, does not exceed the peak hour vehicle trips threshold, and does not create any new dwelling units. 5. The General Plan includes several goals and policies emphasizing high quality redevelopment and new development of sites, utilizing adequate standards for site and building design, parking and undergrounding of utilities, landscaping, and signage control. The Koll Center Newport Planned Community Development Standards provides the regulations to implement these various goals and policies. 6. The amendment to the Koll Center Newport Planned Community text to increase the allowable building area for Office Site B from 967,803 net square feet to 977,720 net square feet, with the granting of exceptions to the minimum site area of not less than Planning Commission Resolution No. _ PRIES Office Building B (PA2007 -213) Paqe 5 of 11 30,000 square feet, and a change the off - street parking requirements of one space for each 225 square feet to one space for each 250 square feet would meet the intent of the Koll Center Newport Planned Community Development Considerations. As described below, the development standards would be substantially met, and the project as proposed would not be detrimental to the surrounding office developments. 7. The granting of the exception to subdivide the existing 55,779- square -foot parcel of land into two separate parcels, comprised of approximately 32,395 square feet, and approximately 23,383 square feet can be made subject to the facts in support of following findings: A. Finding: That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the vicinity. A.1 Facts in Support of Finding: The granting of the exception to the minimum lot size would not be detrimental to the public welfare or injurious to other property in the vicinity because: The area in which the project site is located is fully developed and bounded on the north by common areas comprised of landscaping and a large water feature (referred to as a retarding basin in the MND). The proposed development would be located within the building envelope of the project site, would meet the setback requirements, and would not exceed the maximum height requirements. The proposed lot size of 23,383 square feet is similar to or larger than other lots in the vicinity of the project site (4320 Von Karman: approximately 12,294 square feet; 4220 Von Karman: 23,065 square feet; and 4040 MacArthur Blvd.: 25,847 square feet). B. Finding: That the Development Considerations and intent of this Planned Community Development Standards are substantially met. B.1 Facts in Support of Finding: The Development Considerations are provided on page 2 of the Koll Center Newport Planned Community text, and includes a provision that a precise development plan be submitted to the Planning Director for review in order to insure development consistent with the master plan concept of the Koll Center. The precise plan shall be reviewed prior to the issuance of any building permit Planning Commission Resolution No. _ PRIES Office Building B (PA2007 -213) Page 6 of 11 to show conformance with the requirements of the planned community text. The plan review material shall include: 1. Building Criteria: a) size, b) location, c) height, and d) materials 2. Parking Criteria: a) areas, including drives and accesses, b) quantity, and c) size 3. Landscaped Areas: a) setbacks, b) walls, c) plazas, and d) pools, fountains and /or other amenities 4. Signing Criteria: a) location, b) size, and c) quantity 5. All other site improvements as directed by the Planning Director Detail plans have been submitted for informational purposes, and include of the above required items, with the exception of signage plans which would be required for review prior to the issuance of any building or sign permit. B.2. Facts in Support of Findinq: If the amendment to the General Plan and planned community text is approved to allow an increase in the development limits, and the exception to the minimum site area and parking requirements were granted, the intent of the development standards would be substantially met because: • A commercial office building is a permitted use in Office Site B. • The proposed development would be located within the building envelope of the site. • The proposed building would meet the required setback, building height and landscape requirements. • The proposed project would be incorporated into the overall development pattern of the Koll Center, a master planned campus office park complex. 8. The granting of the exception to the Koll Center Planned Community General Parking Requirement standards to lower the parking requirement of one space for each 225 net square feet to one space for each 250 net square feet can be made because this parking ratio is consistent with Chapter 20.66 of the NBMC, and adequate off - street parking to accommodate all parking needs for the project site will be provided. 9. A tentative parcel map tentative parcel map to subdivide the existing 55,779- square- foot parcel of land into two separate parcels in order to accommodate development of the new office building has been prepared in accordance with Title 19 of the Newport Planning Commission Resolution No. PRIES Office Building B (PA2007 -213) Page 7 of 11 Beach Municipal Code (NBMC). The Planning Commission determined in this case that the proposed parcel map is consistent with the legislative intent of Title 20 of the NBMC, and the following findings per Section 19.12.070, and facts in support of such findings are set forth: A. Finding: That the proposed map and the design or improvements of the subdivision are consistent with the General Plan and any applicable specific plan, and with applicable provisions of the Subdivision Map Act and this Subdivision Code. Facts in Support of Finding: A -1. The purpose of the proposed parcel map to subdivide the existing 55,779 - square -foot parcel of land into two separate parcels. As part of the proposed project, the applicant requests approval of a General Plan amendment to increase the maximum allowable development limit on the subject property to allow development of new office building on one of the two parcels. If the General Plan amendment is approved, the proposed subdivision and improvements of the subdivision would be consistent with the General Plan and the MU -1­12 land use designation. B. Finding: That the site is physically suitable for the type and density of development. Facts in Support of Finding_ B -1. The proposed subdivision would create two lots which would be physically suitable to accommodate the proposed development of a new office building, and the lots have a slope of less than 20 percent, which is suitable for development. B -2. As part of the proposed project, the applicant requests approval of a General Plan amendment and an amendment to the Koll Center Newport Planned Community text to increase the maximum allowable development limit on the subject property. If the General Plan amendment and planned community text amendment are approved, the project site would be physically suitable for the amount of entitlement (or intensity) proposed for development of the site. C. Finding: That the design of the subdivision or the proposed improvements will not cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat. However, notwithstanding the foregoing, the decision - making body may nevertheless approve such a subdivision if an environmental Planning Commission Resolution No. PRES Office Building B (PA2007 -213) Page 8 of 11 impact report was prepared for the project and a finding was made pursuant to Section 21081 of the California Environmental Quality Act that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report. Facts in Support of Finding: C -1. A MND has been prepared for the proposed project, and it has been determined that the design of the subdivision for the proposed development will not result in a significant effect on the environment, nor substantially and avoidably injure fish or wildlife or their habitat. D. Finding: That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. Facts in Support of Finding; D -1. The proposed parcel map would subdivide the existing 55,779- square -foot parcel of land into two separate parcels. Construction for the proposed new office building would comply with all Building, Public Works, and Fire Codes, which are in place to prevent serious public health problems. Public improvements will be required of the developer per Section 19.28.010 of the Municipal Code and Section 66411 of the Subdivision Map Act. All ordinances of the City and all Conditions of Approval shall be complied with. E. Finding: That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the decision - making body may approve a map if it finds that alternate easements, for access or for use, will be provided and that these easements will be substantially equivalent to easements previously acquired by the public. This finding shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to the City Council to determine that the public at large has acquired easements for access through or use of property within a subdivision. Facts in Support of Finding: E.1 The design of the development will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development, and all on -site easements including those for reciprocal ingress and egress shall be incorporated on the final parcel map. Planning Commission Resolution No. PRIES Office Building B (PA2007 -213) Page 9 of 11 F. Finding: That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act, if the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (Williamson Act), the resulting parcels following a subdivision of the land would not be too small to sustain their agricultural use or the subdivision will result in residential development incidental to the commercial agricultural use of the land. Facts in Support of Finding: F.1 Because the subject property is not considered an agricultural preserve and is less than 100 acres, it is not subject to the Williamson Act. In addition, the subject property is zoned PC -15 (Koll Center Newport Planned Community), which does not allow agricultural uses. G. Finding: That, in the case of a "land project' as defined in Section 11000.5 of the California Business and Professions Code: (a) there is an adopted specific plan for the area to be included within the land project; and (b) the decision - making body finds that the proposed land project is consistent with the specific plan for the area. Facts in Support of Finding: GA The property is not a 'land project' as defined in Section 11000.5 of the California Business and Professions Code, and the project site is not located within a specific plan area. H. Findinq: That solar access and passive heating and cooling design requirements have been satisfied in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map Act. Facts in Support of Finding: HA The proposed parcel map and improvements associated with the proposed project are subject to Title 24 of the California Building Code that requires new construction to meet minimum heating and cooling efficiency standards depending on location and climate. The Newport Beach Building Department enforces Title 24 compliance through the plan check and inspection process. Planning Commission Resolution No. FIRES Office Building B (PA2007 -213) Pape 10 of 11 Finding: That the subdivision is consistent with Section 66412.3 of the Subdivision Map Act and Section 65584 of the California Government Code regarding the City's share of the regional housing need and that it balances the housing needs of the region against the public service needs of the City's residents and available fiscal and environmental resources. Facts in Support of Finding: 1.1 The proposed parcel map would subdivide the existing 55,779- square -foot parcel of land into two separate parcels. No residential uses are proposed as part of the project, and no affordable housing units are being eliminated. J. Finding: That the discharge of waste from the proposed subdivision into the existing sewer system will not result in a violation of existing requirements prescribed by the Regional Water Quality Control Board (`RWQCB'). Facts in Support of Finding: J.1 The proposed project would not exceed wastewater treatment requirements of the RWQCB, and additional wastewater discharge into the existing sewer system generated by the proposed project would not violate RWQCB requirements. K. Finding: For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision conforms with the certified Local Coastal Program and, where applicable, with public access and recreation policies of Chapter Three of the Coastal Act. Facts in Support of Findin K.1 The subject property is not located in the Coastal Zone. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Planning Commission of the City of Newport Beach does hereby find, on the basis of the whole record, that there is no substantial evidence that the project will have a significant effect on the environment and that the Mitigated Negative Declaration reflects Planning Commission Resolution No. _ PRES Office Building B (PA2007 -213) Paae 11 of 11 the Planning Commission's independent judgment and analysis. The Planning Commission hereby recommends that the City Council adopt the Mitigated Negative Declaration, including the Mitigation Monitoring and Reporting Program, attached as Exhibit "A ". The document and all material, which constitute the record upon which this decision was based, are on file with the Planning Department, City Hall, 3300 Newport Boulevard, Newport Beach, California. 2. The Planning Commission of the City of Newport Beach does hereby recommend that the City Council approve General Plan Amendment No. GP2007 -009 to increase the maximum allowable development limit by 11,544 gross square feet restricted to office use only, as depicted in Exhibit "B" and Exhibit "C" attached hereto and incorporated by reference. 3. The Planning Commission of the City of Newport Beach does hereby recommend that the City Council approve Planned Community Development Plan Amendment No. PD2007 -006 to amend the Koll Center Newport (PC -15) Planned Community text to allow an increase in the allowable building area for Professional & Business Office Site B from 967,803 net square feet to 977,720 net square feet, as depicted in Exhibit "D" attached hereto and incorporated by reference. 4. The Planning Commission of the City of Newport Beach does hereby recommend that the City Council approve Tentative Parcel Map NP2010 -006 subject to the conditions set forth in Exhibit "E." PASSED, APPROVED AND ADOPTED THIS 19th DAY OF AUGUST, 2010. AYES: NOES: ABSTAIN: ABSENT: BY: Earl McDaniel, Chairman Michael Toerge, Secretary EXHIBIT "A" Mitigation and Monitoring Reporting Program No. Mitigatimi Measure Time Frame for Responsible Verification of Compliance Implementation& Monitoring Initials Date Remarks Monitoring Agency 13iologi&IResources- BIO -1 The removal of ornamental trees on site shall not During construction Project be scheduled during the avian nesting season construction (approximately February 1 through August 31) contractor to ensure project conformance with the Migratory Bird Treaty Act. If clearing and grubbing are proposed to occur between February 1 and August 31, a preconstruction survey for nesting birds shall be conducted by a qualified biologist no more than 7 days prior to the start of construction. If nesting birds occur within the disturbance limits, a buffer around the nest shall be determined by a qualified biologist. All construction activities shall occur outside the buffer area until a qualified biologist has determined that the nest is complete and that no new nesting activity has occurred within the buffer area. Guttural Resources".' CR -1 Project plans shall specify that that a qualified During construction Project paleontologist shall be contacted in the event that construction potential paleontological resources are contractor discovered. During construction, the contractor shall halt site excavation or preparation if suspected fossilized remains are unearthed. Construction shall cease on site and shall not be resumed until a qualified paleontologist is contacted to assess the resources and identify appropriate treatment measures, if applicable. Treatment measures may include salvaging fossils and samples of sediments as they are unearthed to avoid construction delays and/or temporarily halting or diverting equipment to allow removal of abundant or large specimens. Recovered specimens shall be prepared to a point of identification and permanent preservation, including washing of sediments to recover small invertebrates and vertebrates. Specimens shall be curated into a professional, accredited museum repository with permanent retrievable storage. A report of findings, with an appended itemized inventory of specimens, shall be No. Mitigation Measure Time Frame for Responsible Verification of Compliance Implementation& Monitoring Initials Date Remarks Monitoring Agency prepared and shall signify completion of the program to mitigate impacts on paleontological resources. . ... . ... .. . eoI gy mi and:Soi s; . . ..... . ... GEO-1 Prior to approval of grading permits, soil Prior to issuance of City of Newport preparation measures to minimize expansion grading permits Beach Building potential shall be identified by the applicant in Department construction documents and grading permits. During construction, grading of the site by the contractor shall adhere to grading plans approved by the City. Soils required to bring the site to final grade shall be placed as engineered fill. The site soils may be re-used as compacted fill provided the material is cleaned of organics, demolition debris, and other deleterious materials. Fill originating on the project site shall be moisture-conditioned to approximately 130% of optimum and compacted to a minimum relative compaction of 90% in accordance with American Society for Testing and Materials (ASTM) standard D1557 for laboratory compaction characteristics. The implementation of these measures shall be verified during field inspections. GEO-2 Prior to approval of grading permits, the grading Prior to issuance of City of Newport plans shall stipulate that all fill shall consist of grading pennits Beach Building non-expansive materials, moisture-conditioned Department to near optimum if cohesionless, and to 130% of optimum if cohesive or clayey. The characteristics of the fill soil shall be evaluated by the geoteclurical consultant prior to placement, and confirmed to meet grading plan specifications. GEO-3 Prior to approval of grading permits, the grading Prior to issuance of City of Newport plans shall stipulate that wall backfill soils shall grading permits Beach Building consist of granular, cohesionless backfill with Department sand equivalent greater than 30 and an expansion index less than 20. The characteristics of the fill soil shall be evaluated by the geoteclinical consultant prior to placement, and confirmed to meet grading plan specifications. .. ........ .0irologyafidWater Qualn J1Y WQ-1 Prior to issuance of grading permits, the Prior to issuance of City of Newport applicant shall prepare and have approved by the grading permits Beach Public City a SWPPP to be implemented during Works construction, which shall include BMPs to Department prevent discharges of polluted stormwater from construction sites from entering the storm drains or the existing retarding basin. The SWPPP shall be prepared as directed in the City's stormwater No. Mitigation Measure Time Frame for Responsible Verification of Compliance Implementation& Monitoring Initials Date Remarks.. Monitorin Agency protection requirements, and may include, but not be limited to, the following measures: • Diversion of off -site runoff away from the construction site. • Revegetation of exposed soil surfaces as soon as feasible following grading activities. • Installation of perimeter straw wattles to prevent ofd site transport of sediment. • Protection of drop inlets (filters and sand bags or straw wattles) with sandbag check dams in paved roadways. • Provision of specifications for construction waste handling and disposal. • Training of subcontractors on general site housekeeping. N. ose ..... - - N -I All noise - producing project equipment and During final design City of Newport vehicles using internal combustion engines shall and prior to plan Beach Code be equipped with mufflers, air -inlet silencers check approval Enforcement where appropriate, and any other shrouds, shields, or other noise - reducing features in good City of Newport operating condition that meet or exceed original Beach Building factory specification. Mobile or fixed "package" Department equipment (e.g., arc welders, air compressors) shall be equipped with shrouds and noise control features that are readily available for that type of equipment. N -2 All mobile and fixed noise - producing equipment During grading, site City of Newport used on the proposed project that is regulated for preparation, and Beach Code noise output by a local, state, or federal agency construction Enforcement shall comply with such regulation while in the course of project activity. City of Newport Beach Building Department N -3 Electrically powered equipment shall be used During final design City of Newport instead of pneumatic or internal combustion— and prior to plan Beach Code powered equipment, where feasible. check approval Enforcement During grading, site City of Newport preparation, and Beach Building construction Department N -4 Mobile noise- generating equipment and During, grading, site City of Newport machinery shall be shut off when not in use. preparation, and Beach Code construction Enforcement City of Newport Beach Building Department No. Mitigation Measure . Time Frame for Responsible . Verification of Compliance Implementation& Monitoring Initials . Date Remarks Monitorin Agency N -5 Material stockpiles and mobile equipment During, grading, site City of Newport staging, parking, and maintenance areas shall be preparation, and Beach Code located as far as practical from noise - sensitive construction Enforcement receptors. City of Newport Beach Building Department N -6 Construction site and access road speed limits During, grading, site City of Newport shall be established and enforced during the preparation, and Beach Code construction period, construction Enforcement City of Newport Beach Building Department N -7 The use of noise - producing signals, including During, grading, site City of Newport horns, whistles, alarms, and bells, shall be for preparation, and Beach Code safety warning purposes only. construction Enforcement City of Newport Beach Building Department N -8 No project - related public address or music During, grading, site City of Newport system shall be audible at any adjacent receptor. preparation, and Beach Code construction Enforcement City of Newport Beach Building Department N -9 The onsite construction supervisor shall have the During final design City of Newport responsibility and authority to receive and and prior to plan Beach Code resolve noise complaints. A clear appeal process check approval Enforcement to the project proponent shall be established prior to construction commencement that shall During grading, site City of Newport allow for resolution of noise problems that preparation, and Beach Building cannot be immediately solved by the site construction Department supervisor. EXHIBIT "B" REVISED TABLE LU2 ANOMALY LOCATIONS • • - i Statistical Area Land Use Designation Development limits Development limit Other Anomaly Number Additional Information 1 L4 MU -H2 460,095 471 Hotel Rooms (not included in total square footage) 2 1.4 MU -1-12 1,060,1461052.880 2a L4 MU-H2 18 810 11,544 sf restricted to general office use only (included in total square foota e 3 L4 CO -G 734,641 4 L4 MU -H2 250,176 5 L4 MU -1-12 32,500 6 L4 MU -1-12 34,500 7 L4 MU -1-12 81,372 8 L4 MU -H2 442,775 9 L4 CG 120,000 164 Hotel Rooms (included in total square footage) 10 L4 MU -H2 31,362 349 Hotel Rooms (not included in total square footage) 11 1.4 CG 11,950 12 L4 MU -1-12 457,880 13 L4 CO -G 288,264 14 L4 CO- G /MU -H2 860,884 15 L4 MU -1-12 228,214 16 L4 CO -G 344,231 17 L4 MU -H2 33,292 304 Hotel Rooms (not included in total square footage) 18 1.4 CG 225,280 19 L4 CG 228,530 21 J6 CO -G 687,000 Office: 660,000 sf Retail: 27,000 sf CV 300 Hotel Rooms 22 J6 CO -G 70,000 Restaurant: 8000 sf, or Office: 70,000 sf 23 K2 PR 15,000 24 L3 IG 89,624 25 L3 Pf 84,585 26 L3 IG 33,940 27 L3 IG 86,000 28 L3 IG 110,600 29 L3 CG 47,500 30 M6 CG 54,000 31 L2 PR 75,000 32 L2 PI 34,000 mom= Anomaly Number EMMM Land Use Development Designation Limit (so Development Limit Other . Additional Information Statistical Area 33 M3 PI 163,680 Administrative Office and Support Facilitates: 30,000 sf Community Mausoleum and Garden Crypts: 121,680 sf Family Mausoleums: 12,000 sf 34 L1 CO -R 484,348 35 L1 CO -R 199,095 36 L1 CO -R 227,797 37 L1 CO -R 131,201 2,050 Theater Seats (not included in total square footage) 38 L1 CO -M 443,627 39 L1 MU -1-13 408,084 40 L1 MU -1-13 1,426,634 425 Hotel Roams (included in total Square Footage) 41 L1 CO -R 327,671 42 L1 CO -R 286,166 43 L1 CV 611 Hotel Rooms 44 L1 CR 1,619,525 1,700 Theater Seals (not included in total square footage) 45 L1 CO -G 162,364 46 L1 MU -H3 /PR 3,725 24 Tennis Courts Residential permitted in accordance with MU -H3. 47 L1 CG 105,000 48 L1 MU -1-13 337,261 49 L1 PI 45,208 50 L1 CG 25,000 51 K1 PR 20,000 52 K1 CV 479 Hotel Rooms 53 K1 PR 567,500 See Settlement Agreement 54 it CM 2,000 55 H3 PI 119,440 56 A3 PI 1,343,238 990,349 sf Upper Campus 577,889 sf Lower Campus In no event shall the total combined gross floor area of both campuses exceed the development limit of 1,343,238 sq. ft. 57 Intentionally Blank 58 Z PR 20,000 EMMEMStatistical Land Use Development Designation Limit (so Development Limit Other Additional Information Number Area 59 H4 MU -W1 487,402 157 Hotel Rooms and 144 Dwelling Units (included in total square footage) 60 N CV 2,660,000 2,150 Hotel Rooms (included in total square footage) 61 N CV 125,000 62 L2 CG 2,300 63 G1 CN 66,000 64 M3 CN 74,000 65 M5 CN 80,000 66 J2 CN 138,500 67 D2 PI 20,000 68 1-3 PI 71,150 69 K2 CN 75,000 70 D2 RM -D Parking Structure for Bay Island (No Residential Units) 71 L1 CO -G 11,630 72 L1 CO -G 8,000 73 A3 CO -M 350,000 74 L1 PR 35,000 75 L1 PF City Hall, and the administrative offices of the City of Newport Beach, and related parking, pursuant to Section 425 of the City Charter. EXHIBIT "C" REVISED FIGURE LU11 FOR STATISTICAL AREAS J6, L4 lUtt NrpeM1mxe JmueM' =C00 CITY of NEWPORT BEAC GENERALPLAN Figure LU 71 STATISTICAL AREAS J6. L4 RaWa "qft RNOOW as Snq&UnII RMICM JNwchA w SrryoUn�R «iaanoal MUrmE a fir >.,RaLww —NUIVgaUnit Rauevru« -1.1 tolsuMRasreaoN QNUCna CemnrMal OmRb aE CartWOrs a Nowfbvnoaa Cmmm «0al a (anmr CGlllrgrOtl -Gorora fannmoa N iwrS g m«aol _Rvcrmwnd ona w one Camm«cItl � Ropma c«mn «m GORRMfWI GIIC.DMQkh ,aa WnarmGmm «cal aaC.> 'ew nwicn coven «cni at¢o s. Ropwa C«ruri «man :.. IaEUMaI DIYiGs _ Inolmid AWWS pp." DimkO q. NryOROIAN.TE SI�poRing U:M. waa+L>•.omra raeeu:o vmov M NpCC U•2HWGOnm� 14aM mU: W., RdaOd PuLIC. SmNJUEY[ ale bYCWally . IPJOIiC F3GJOY. �Po.aamrnmvonv -Pent ane f.Leneum w Oven SCace n TONne: mp S:ERaR�c Lent: �� �� ort 9cach Lane lYa Odlnmmr L,ne Ra«LO mvn+Mm� PART II Section I. Group I EXHIBIT "D" KOLL CENTER NEWPORT PLANNED COMMUNITY TEXT CHANGES COMMERCIAL Site Area and Building Area PROFESSIONAL & BUSINESS OFFICES Acreages shown are net buildable land area including landscape setbacks with property lines. (4) 0 Site A Site B Site C Site D Site E Site F Site G Site A Site B Site C Site D Site E Site F Site G Building Sites (4) Total Acreage 30.939 acres * (29) 43.703 acres (11) 18.806 acres (10) 19.673 acres 2.371 acres 1.765 acres 5.317 acres (8) 122.574 acres (8)(10)(11) Allowable Building Area Office Acreage 30.939 acres *(29) 43.703 acres (11) 18.806 acres (10) 19.673 acres 2.371 acres 1.765 acres 5.317 acres (8) 122.574 acres(8)(I0)(11) 366,147 square feet (16)(26)(29)(30) 967�o,,803 square feer"(-16){28}(38) 977,720 square feet (13)(16)(28)(30) 674,800 square feet (10)(15) 240,149 square feet (8)(13) 32,500 square feet (4) 24,300 square feet (4) 45,000 square feet (8) 2,350,699 square feet_05)( *) *(3)(4) In addition to 19.399 acres of office use, there is 9.54 acres for hotel and motel and 2.0 acres of lake within Office Site A. Therefore, there are 30.939 acres net within Office Site A. (3)(4)(16) C. 2. Site B Statistical Anal (4) The following statistics are for information only. Development may include but shall not be limited to the following: Story heights shown are average heights for possible development. The buildings within each parcel may vary. Assumed Parking Criteria: a. One (1) space per 225 square feet of net building area @ 120 cars per acre for Sites C, D, E, F and G. Allowable Building Area ......... 967,803 square feet (13,16,28,30) Site Area ......... 43.703 acres (4) (11) a. Building Height Two story development Three story development Four story development Five story development Six story development Seven story development Eight story development Nine story development Ten story development Eleven story development Twelve story development Parking 3263259 cars C. Landscaped Open Space (11) Two story development Three story development Four story development Five story development Six story development Seven story development Eight story development Nine story development Ten story development Eleven story development Twelve story development Land Coverage (16,28,30) ............... 41. 1111.22 acres ............... 7—.41748 acres ............... 5:555.61 acres ............... 4444.49 acres ............... 3393.74 acres ............... 33.21 acres ............... 2382.81 acres .... I.......... 2472.49 acres ............... 222.24 acres ............... 2,022.04 acres ............... 4- :851.87 acres Land Coverage (11,13,16,28,30) ............... 4882716 acres Land Coverage (11,13,16,28,30) ............... 5345.32 acres ............... 9:419.06 acres ............... 41.2710.93 acres ............... 43812.05 acres ............... 13.1212_80 acres ............... 46513_33 acres ............... 44.0413.73 acres ............... . 14.3514_05 acres ............... 446014_30 acres ............... 448014.50 acres ............... 14.9714_67 acres EXHIBIT "E" CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP NO. NP2010 -005 1. A parcel map shall be recorded with the Orange County Clerk- Recorder Department. The Map shall be prepared on the California coordinate system (NAD83). Prior to recordation of the Map, the surveyor /engineer preparing the Map shall submit to the County Surveyor and the City of Newport Beach a digital - graphic file of said map in a manner described in Section 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. The map to be submitted to the City of Newport Beach shall comply with the City's CADD Standards. Scanned images will not be accepted. 2. Prior to recordation of the parcel map, the surveyor /engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Sections 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be set on each lot corner, unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of construction project. 3. All improvements shall be constructed as required by City Ordinance and the Public Works Department, and shall comply with all Building, Public Works and Fire Codes. 4. No permanent structures may be built within the limits of any easement within the property, unless otherwise approved by the Public Works Department. 5. All work conducted within the public right -of -way shall be approved under an encroachment permit issued by the Public Works Department. 6. All applicable Public Works Department plan check fees, improvement bonds and inspection fees shall be paid prior to processing of the map by the Public Works Department. 7. County Sanitation District fees shall be paid prior to issuance of any building permits, if required by the Public Works Department or the Building Department. 8. Prior to recordation of the Parcel Map, fair share fees shall be paid in accordance with City Ordinance 94 -19 of the Newport Beach Municipal Code. 9. The parcel map shall be recorded prior to the issuance of any building permits. 10. If required, prior to site plan approval and issuance of any building permits, the applicant shall file a notice of Proposed Construction or Alteration with FAA (FAA Form 7460 -1) in accordance with Federal Aviation Regulation (FAR) Part 77. The City shall Planning Commission Resolution No. _ PRES Office Building B (PA2007 -213) Paae 2 of 4 refer the proposed project to the Orange County Airport Land Use Commission for consistency analysis. The Director of Planning, or designee, shall verify that the City has received a Determination of No Hazard to Air Navigation, if required, prior to the issuance of building permits for the northern parcel. 11. Additional Public Works improvements, including street and alley reconstruction, work may be required at the discretion of the Public Works Inspector. 12. If any of the existing public improvements surrounding the site is damaged by the private work, public works improvements including, but not limited to, curb and gutter, sidewalk, and alley /street reconstruction may be required at the discretion of the Public Works Inspector. 13. An encroachment agreement shall be applied for and approved by the Public Works Department for all non - standard improvements within the public right -of -way and /or extensions of private, non - standard improvements into the public right -of -way fronting the development site. 14. Arrangements shall be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements if it is desired to record a parcel map or obtain a building permit prior to completion of the public improvements. 15. Overhead utilities serving the site shall be undergrounded to the nearest appropriate pole in accordance with Section 19.28.090 of the Municipal Code unless it is determined by the City Engineer that such undergrounding is unreasonable or impractical. 16. A sewer demand capacity study shall be submitted to the Public Works Department along with the first plan check. The study recommendations) shall be incorporated as part of the submitted plans. Any cost of upgrading the existing City sewer lateral shall be borne by the applicant. 17. The applicant shall provide a new public sewer easement for the existing City sewer lines along the southerly property lines. (Note: The new easements do not appear to impact the proposed development.) 18. In accordance with the provisions of Chapter 13 (or any other applicable chapters) of the Newport Beach Municipal Code, additional street trees may be required and existing street trees shall be protected in place during construction of the subject project, unless otherwise approved by the General Services Department and the Public Works Department through an encroachment permit or agreement. 19. All improvements shall comply with the City's sight distance requirement. See City Standard 110 -L. Planning Commission Resolution No. PRIES Office Building B (PA2007 -213) Page 3 of 4 20. The parking layout and circulation is subject to further review by the Public Works Department. The parking layout shall comply with City Standard STD - 805 -L -A and STD - 805 -L -B. 21. Trash service shall be provided prior to the start of the work day so it does not impact the overall circulation of the site. 22. All on -site drainage shall comply with the latest City Water Quality requirements. 23. All existing drainage facilities in the public right -of -way shall be retrofitted to comply with the City's on -site non -storm runoff retention requirements. The Public Works Inspector shall field verify compliance with this requirement prior to recordation of the parcel map. 24. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. 25. In compliance with the requirements of Chapter 9.04, Section 901.4.4, of the Newport Beach Municipal Code, approved street numbers or addresses shall be placed on all new and existing buildings in such a location that is plainly visible and legible from the street or road fronting the subject property. Said numbers shall be of non - combustible materials, shall contrast with the background, and shall be either internally or externally illuminated to be visible at night. Numbers shall be no less than four inches in height with a one -inch wide stroke. The Planning Department Plan Check designee shall verify the installation of the approved street number or addresses during the plan check process for the new or remodeled structure. 26. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the Newport Business Plaza including, but not limited to, the General Plan Amendment No. GP2007 -009, Planned Community Development Plan Amendment No. PD2007 -006, and Tentative Parcel Map No. NP2010 -005. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and /or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand Planning Commission Resolution No. _ PRIES Office Building B (PA2007 -213) Page 4 of 4 any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. 27. This Parcel Map shall expire if the map has not been recorded within three years of the date of approval, unless an extension is granted by the Planning Director in accordance with the provisions of Section 19.16 of the Newport Beach Municipal Code. Mitigation Measures 28. The applicant shall comply with all mitigation measures and standard conditions contained within the approved Mitigation Monitoring and Reporting Program of the adopted Mitigated Negative Declaration (Exhibit "A ") for the project. Attachment No. PC 2 Comment Letter LAW OFFICES PALMIERI, TYLER, WIENER, WILHELM & WALDRON LLP A UNITED LIABILITY PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS ANGELO J. PALMIERI (19201999) ROBERT F. WALDRON (1927.1998) ALUM H. WIENER ROBERT C. IHRKE' JAMES E. YALHELM- DENNIS O. TYLER' MICHAEL J. GREENE' DENNIS W. OHAN' DAVID D. PARR' CHARLES H. WWTER' PATRICK A HENNESSEY OOH FISHER GREGORY N. WEILER WARREN A. WILLIAMS JOHN R LISTER cv,17H A M. WOLCOTT GARY C. WEISBERG MICHAEL H. LEIFER SCOTT R. CARPENTER RICHARD A BALLS NORMAN J. ACIDIC" RONALD M. COLE MICHAEL 1- WANGELO STEPHEN A SCHECK DONNA L BROW RYAN M. EASTER ELISE M KERN MEUSA R PEREL EUZASETH VALAOEE AMISH A BANKER MICHAEL 1. KEHOE ROBERT H. GARRETSON RYAN M PRAGER CHAOYACK C. BUNCH ANNIE C. CHU JERAO BELTL HEATHER N. WHIT[HEAO MR BAUSAR, MAXIM DEREK M. OEHANKE F. JULIAN! FREEMAN III MCA M SOROSKY CASEY W. ROURKE KIMBERLY C. LUOYAN w Pawcvrowv consauTleK 2603 MAIN STREET EAST TOWER - SUITE 1300 IRVINE, CALIFORNIA 926W42e1 (949) 061 -9400 w I.ptwww.com August 5, 2010 VIA HAND DELIVERY AND EMAIL Chairman Earl McDaniel City of Newport Beach Planning Commission 3300 Newport Boulevard Newport Beach, CA 92658 Robert Hawkins Charles Unsworth Michael Toerge Barry Eaton Bradley Hillgren Fred Ameri Planning Commissioners City of Newport Beach Planning Commission 3300 Newport Boulevard Newport Beach, CA 92658 P.O. BOX 19712 IRVINE, CA 92623-9712 WRITER'S DIRECT DIAL NUMBER (949) 851 -7340 WRITER'S DIRECT FACSIMILE NUMBER (949) 825 -5404 FIRM'S OIRCCT FACSIMILE NUMBERS (949) 661.1554 (949) 767.1229 rea BterQptwww.com REFER TO FILE NO. 31191 -001 Re: PRES Office Building B Project: Initial Study, Mitigated Negative Declaration, and Errata; General Plan and Planned Community Text Amendments (August 5, 2010 Planning Commission Meeting Agenda Item No. 4; PA2007 -213) Dear Mr. Chairman and Planning Commissioners: This office is legal counsel for Meyer Properties, a California limited partnership ( "Meyer "), which owns that certain office building located at 4320 Von Karman Avenue, in the Koll Center Newport Planned Community (the "Koll Center "), City of Newport Beach, California (the "Meyer Building "), PALMIERI. TYLER, WIENER, WILHELM & WALDRON LLP City of Newport Beach Planning Commission August 5, 2010 Page 2 The Meyer Building is contiguous to the proposed project development of a 50 foot high, 11,960- gross- square feet single- tenant office building (the "Project ") at 4300 Von Karman Avenue, in the Koll Center Newport Planned Community, in the City of Newport Beach (the "City "). Accordingly, the Meyer Building will be directly affected by many of the adverse environmental impacts identified in the Mitigated Negative Declaration for the PRES Office Building B General Plan and Planned Community Text Amendments (the "Study "), and the Errata to the Study (the "Errata ") (which was released to the public on July 30, 2010), for the Project. Please note that Meyer did not receive notice of the Planning Commission public hearing on the Project scheduled for August 5, 2010. We discovered the meeting through our own research. Please ask City staff to ensure that all required notices for projects in the vicinity of or affecting the Meyer Building be sent in accordance with the law. As you are aware, this office submitted a comment letter on behalf of Meyer on June 7, 2010 (the "Initial Comment Letter "). The purpose of the Initial Comment Letter was to provide comments to the City regarding the inadequacy of the environmental review of the Project set forth in the Study, to inform the City that the proposed general plan amendment and amendment to the Koll Center Development Standards should not be adopted without first performing adequate. environmental analysis pursuant to an environmental impact report, and that the Project is otherwise inappropriate for the Koll Center. The City has prepared the Errata to modify the Study to include revisions relating to the public comments. We have reviewed the Errata and are submitting this comment letter to inform the City that Charter Section 423 requires voter approval of the general plan amendment for the Project, that the Study, including the Errata, is still inadequate to serve as the environmental document for the Project under the California Environmental Quality Act ( "CEQA "), that the general plan amendment and Koll Center Development Standards text amendment for the Project should not be adopted, and that the Project is inappropriate for the Koll Center. I. CHARTER SECTION 423 (MEASURE S): SPLIT OF GENERAL PLAN AMENDMENTS. In addition to the proposed general plan amendment for the Project, another general plan amendment (see Agenda Item No. 5) is being proposed for a similar project PALMIERI, TYLER, WIENER, WILHELM & WALDRON LLP City of Newport Beach Planning Commission August 5, 2010 Page 3 that is also within the Koll Center (the "Related Project "). This additional general plan amendment proposes to expand the additional allowable development within Statistical Area 4 of the Land Use Element of the General Plan, where both the Project and the Related Project are located, by 11,544 square feet. The general plan amendment for the Project also proposes to expand additional allowable development within Statistical Area 4 by 11,544 square feet. As discussed in detail below, these general plan amendments should not be considered independently, and should be combined into a single general plan amendment that is subject to voter approval pursuant to Charter Section 423. A. Text of Charter Section 423. As noted on p. 8 of the City of Newport Beach Planning Commission Staff Report for the August, 5, 2010 meeting, Agenda Item No. 4 (the "Staff Report"), Charter Section 423 requires voter approval for any major amendment to the Newport Beach General Plan. The text of Charter Section 423 states as follows: "Voter approval is required for any major amendment to the Newport Beach General Plan. A'major amendment' is one that significantly increases the maximum amount of traffic that allowed uses could generate, or significantly increases allowed density or intensity. 'Significantly increases' means over 100 peak hour trips (traffic), or over 100 dwelling units (density), or over 40,000 square feet of floor area (intensity); these thresholds shall apply to the total of: 1) Increases resulting from the amendment itself, plus 2) Eighty percent of the increases resulting from other amendments affecting the same neighborhood and adopted within the preceding ten years. 'Other amendments' does not include those approved by the voters. 'Neighborhood' shall mean a Statistical Area as shown in the Land Use Element of the General Plan, page 89, in effect from 1988 to 1998, and new Statistical Areas created from time to time for land subsequently annexed to the City, 'Voter approval is required' means that the amendment shall not take maiority of those voting on it. Any such amendment shall be submitted to a public vote as a separate and distinct ballot measure notwithstanding its approval by the city council at the same time as one or more other amendments to the City's General Plan. The city council shall set any PALMIERI, TYLER, WIENER, WILHELM & WALDRON LLP City of Newport Beach Planning Commission August 5, 2010 Page 4 election required by this Section for the municipal election next following city council approval of the amendment, or, by mutual agreement with the applicant for the amendment, may call a special election for this purpose with the cost of the special election shared by the applicant and the City as they may agree. In any election required by this Section, the ballot measure shall be worded such that a YES vote approves the amendment and a NO vote rejects the amendment; any such election in which the ballot measure is not so worded shall be void and shall have no effect." [Emphasis added.] B. Addition oMon- Residential Sguare Feet to Statistical Area L4 as Calculated in the StafReport. The Staff Report indicates that none of the three thresholds that require a vote pursuant to Charter Section 423 are exceeded by the proposed general plan amendment for the Project. This conclusion is based on the calculations set forth in Tables 1 and 2 of the Staff Report. Tables I and 2 illustrate the additional square feet of non - residential floor area and increases of peak hour vehicle trips for two proposed general plan amendments, identified as GP2007 -009 and GP2008 -007, and a general plan amendment that was adopted on January 9, 2007, GP2006 -096. GP2007 -009 is the general plan amendment proposed to be adopted for the Project and GP2008 -007 is the general plan amendment proposed to be adopted for the Related Project. The analysis in Table 2 illustrates that the cumulative additional square feet of non - residential area that will be added to Statistical Area L4, for purposes of determining whether voter approval is required under Charter Section 423, is 39.992 square feet. As stated above, a general plan amendment that proposes to increase density by 40,000 square feet of non - residential floor area requires voter approval. Accordingly, Table 2 of the Staff Report indicates that the two proposed general plan amendments will fall merely 8 square feet shy of the 40,000 square foot limitation that would require voter approval. Please note that the calculation of 39,992 square feet was reached by characterizing the proposed general plan amendment for the Project as a "past amendment," therefore reducing the additional square footage proposed to be added by the general plan amendment for the Project to 80 percent of the actual additional square PALMIERI, TYLER, WIENER, WILHELM & WALDRON LLP City of Newport Beach Planning Commission August 5, 2010 Page 5 footage. As set forth above, the thresholds for Charter Section 423 are determined by adding the total of increases resulting from the amendment itself to 80 percent of the increases resulting from the other amendments affecting the same Statistical Area and adopted within the preceding ten years. Without characterizing the proposed general plan amendment for the Project as a past amendment, the total additional square footage resulting from the two proposed general plan amendments and the general plan amendment adopted in 2007 would be 42,300.8 square feet, which would require the general plan amendment to be subject to voter approval. C. Addition oiPeak -Hour Vehicle Trigs. The analysis in Table 2 illustrates that the additional peak hour trips that will be added to Statistical Area L4, for purposes of determining whether voter approval is required under Charter Section 423, is 20.54 A.M. trips and 19.85 P.M. trips. As stated above, a general plan amendment that proposes to increase peak hour trips by 100 requires voter approval. In the aggregate, the three amendments listed in Table 2 will increase A.M. peak hour trips by 85.25 and P.M. peak hour trips by 95.09. Collectively, A.M. and P.M. peak hour trips will be increased by 180.34, if the proposed general plan amendment is characterized as a "past amendment," and 188.4175 peak hour trips if the two proposed general plan amendments are combined into a single amendment. Charter Section 423 does not make a distinction between A.M. and P.M. peak hour trips. To the contrary, it merely states that "'significant increase' means over 100 peak hour trips." However, for purposes of analyzing whether the amendments are subject to voter approval, the Staff Report divides the peak hour trips into A.M. and P.M. When the A.M. and P.M. peak hour trips are combined, they are greater than 100. Regardless of whether the general plan amendments for the Project or the Related Project are considered together or in independent amendments, the aggregate peak hour trips will exceed 100 and therefore the amendments are subject to voter approval pursuant to Charter Section 423. PALMIERI. TYLER, WIENER, WILHELM & WALDRON LLP City of Newport Beach Planning Commission August 5, 2010 Page 6 D. The Proposed General Plan Amendments Are Subiect to Voter Approval Pursuant to Charter Section 423. The two proposed general plan amendments each propose to increase the maximum development limit of the General Land Use Element of the General Plan by 11,544 gross square feet. Both general plan amendments are proposed for similar office building development projects within the same planned community business center, the Koll Center. Likewise, both projects will require an amendment to the Koll Center Newport Planned Community text to increase allowable building area for each proposed office site. Effectively, these two amendments are collectively proposing to expand office development within the Koll Center. Despite the cohesiveness inherent in planned communities, and documents relating to planned communities, the expansion of the office park has been split into two separate proposals. Given that both projects are being planned at the same time, are located within the same business center, and both propose to expand allowable development within Statistical Area L4, there is no apparent reason why the expansion of allowable development within the Koll Center would be piecemealed into two separate general plan amendments. What is apparent, however, is that these two proposed general plan amendments would require voter approval if the amendments were not split. As detailed above, without the benefit of characterizing the general plan amendment for the Project as a past amendment, and therefore reducing the additional square footage for the Project by 20 percent, a general plan amendment that includes the additional square footage for both developments in the Koll Center would require voter approval pursuant to Charter Section 423. The division of the proposed general plan amendments serves no purpose other than to circumvent voter approval. Approving these two amendments will effectively appropriate the power vested in the citizens of the City of Newport Beach to limit allowable development as set forth in the General Plan. Accordingly, these two amendments should not be recommended for approval by the Planning Commission, the amendments should be combined and reconsidered as one general plan amendment, and the combined general plan amendment should be subject to voter approval. PALMIERI, TYLER, WIENER, WILHELM & WALDRON LLP City of Newport Beach Planning Commission August 5, 2010 Page 7 II. UNLAWFUL PIECEMEALING OF THE ENVIRONMENTAL ANALYSIS OF THE PROJECT. CEQA Guidelines define "Project" to mean the "whole of an action" that may result in either a direct or reasonably foreseeable indirect physical change in the environment. CEQA Guidelines 15378(a). "Project is given a broad interpretation in order to maximize protection of the environment." McQueen v. Board of Directors of Midpennsulia Region Open Space District, 202 Cal. App. 3rd 1136 (1988). California courts have held that a lead agency must analyze each "project" consisting of a part of an entire action in a single environmental review document and not "split" a project into two or more segments. Such single comprehensive review ensures that environmental considerations do not become submerged by chopping a large project into many little ones, each with a potential impact on the environment, which cumulatively may have very dire consequences. Burbank - Glendale- Pasadena Airport Authority v. Hensler (1991) and Bozung v. Local Agency Formation Commission, 13 Cal, 3rd 263 (1975). Here, the Study does not review the entire action that is contemplated, which is tantamount to unlawful piecemealing. The Project is merely one piece of a much greater project that includes an additional General Plan amendment for the Related Project, an additional amendment to the Koll Center Development Standards text for the Related Project, and a massive residential development project in the Koll Center and property contiguous to the Koll Center to be governed by an Integrated Conceptual Development Plan (the "Residential Project "). Accordingly, the environmental analysis relating to the Project is required to be analyzed together with the Related Project and the Residential Project. A. The General Plan Amendment and Amendment to Koll Center Development Standards. As discussed above, the proposed general plan amendment for the Project and the proposed general plan amendment for the Related Project should be combined into a single amendment. The cumulative impacts of these two projects must be reviewed in a single environmental impact report, and cannot be analyzed independently. These two projects may have many cumulative impacts that are not identified and addressed in the PALMIERI, TYLER, WIENER, WILHELM & WALDRON LLP City of Newport Beach Planning Commission August 5, 2010 Page 8 Study and the Errata. Likewise, the cumulative environmental impacts relating to the amendments to the Koll Center Development Standards text for the Project and the Related Project must be analyzed together in a single EIR. The cumulative impacts of the two projects will certainly be greater than the sum of the impacts of each project as analyzed independently. For example, each project will result in environmental impacts to traffic, inter alia, in the immediate vicinity of the Koll Center. The cumulative impacts to traffic associated with the development of two projects within the Koll Center simultaneously will certainly be greater than the traffic impacts identified independently for each project. As set forth above, CEQA Guidelines provide a broad interpretation of "Project" to include the "whole of an action" that may result in either a direct or reasonably foreseeable indirect physical change in the environment. CEQA Guidelines 15378(a). It is clearly reasonably foreseeable that the Project and the Related Project within the Koll Center may result in direct and indirect physical changes in the environment that are attributable to the cumulative impacts of the two projects. Accordingly, the split of each project within the Koll Center is unlawful piecemealing, and an EIR must be prepared to identify and analyze the cumulative environmental impacts associated with both projects. B. General Plan Amendment No. GP2010 -002 and Airport Business Area Integrated Conceptual Development Plan. In addition to the Related Project, the Planning Commission is also considering a project within the Koll Center, and immediately adjacent to the Koll Center, that proposes to build a residential village and utilize many of the common area features of the Koll Center to be governed by an Integrated Conceptual Development Plan (defined above as the "Residential Development "). While the Planning Commission at its last meeting on July 22, 2010 continued further discussion on the Residential Development until an Integrated Conceptual Development Plan is presented consistent with requirements articulated by the Planning Commission, the Residential Development is reasonably foreseeable. The Project, the Related Project, and the Residential Project are all part of an immense development scheme to greatly expand the office development and residential PALMIERI, TYLER, WIENER, WILHELM & WALDRON LLP City of Newport Beach Planning Commission August 5, 2010 Page 9 development within the Koll Center and adjacent properties. The cumulative environmental impacts associated with the three projects will be much greater than the environmental impacts associated with each project independently. Furthermore, environmental impacts for each project have been analyzed independently in three different studies (none of which is an EIR), omitting the requisite analysis of cumulative impacts. Also, please note that it is irrelevant that different developers plan to implement the construction of each project. Each project is a smaller part of a greater sized, reasonably foreseeable project to expand the Koll Center to include additional office buildings and residential use. Regardless of how many developers are involved, the projects cannot be split into fragments for purposes of environmental analysis. Pursuant to CEQA Guidelines, the "whole of the project' cannot be piecemealed into smaller projects to fragment environmental analysis thereof. It is reasonably foreseeable that the Project, the Related Project, and the Residential Project, will result in direct and indirect environmental impacts attributable to the cumulative effect of the construction of all three projects within the Koll Center. Accordingly, the environmental impacts associated with the three projects must be analyzed in a single environmental impact report. III. AN EIR MUST BE PREPARED FOR THE PROJECT. Based on the information provided in the Study and the Errata, as well as the environmental impacts that were not analyzed therein, it is apparent that there is a fair argument on the basis of substantial evidence that the Project will result in significant adverse environmental impacts. Accordingly, pursuant to CEQA, an Environmental Impact Report (TIR ") must be prepared for the Project. A. Preparation ofEIR Pursuant to CEQA. CEQA requires the preparation of an EIR whenever it can be fairly argued on the basis of substantial evidence that the project may have a significant environmental impact, No Oil, Inc. v. City of Los Angeles (1974) 13 Cal. 3d, 68, 75. "If there is substantial evidence of a significant environmental impact, evidence to the contrary does not dispense with the need for an EIR when it can still be "fairly argued" that the project PALMIERI, TYLER, WIENER, WILHELM & WALDRON LLP City of Newport Beach Planning Commission August 5, 2010 Page 10 may have a significant impact." Oro Fino Gold Mining Corporation v. County of El Dorado, (3d Dist. 1990) 225 Cal. App. 3d 872, 881 -885. As detailed in the Initial Comment Letter, and further detailed below, a fair argument may be made that the Project may have a significant impact on the environment. B. Environmental Impacts Identified and Analyzed in the Study and the Errata. As detailed in the Initial Comment Letter, there are several environmental impacts in the Study that trigger the requirement that an EIR be prepared for the Project. Additionally, there are several environmental impacts that are identified in the Errata, and several environmental impacts that were not identified in either the Study or the Errata, that also trigger the requirement that an EIR be prepared for the Project, as follows: Aesthetics. The Errata does not expand on the identification and analysis of environmental impacts to scenic resources. Instead, the Errata revises the language relating to scenic resources to further limit any discussion of scenic resources to merely trees, rock outcroppings, and historic buildings, As set forth in the Initial Comment Letter, the Study limited any analysis of impacts to scenic resources to the three examples provided in the CEQA Initial Study Environmental Checklist: trees, rock outcroppings, and historic buildings along a scenic highway. The Errata confirms this limited scope of review of the environmental impacts to scenic resources in the immediate vicinity of the Project site. Scenic resources are not limited to the three examples set forth in the CEQA Initial Study Environmental Checklist. The Lake and a 36 ft, tall mature tree located in the Project Area are scenic resources, impacts thereto must be analyzed, and such impacts were not analyzed in the Study nor the Errata. Accordingly, impacts to the Lake, the 36 ft. tall mature tree, and other scenic resources must be analyzed in an EIR. PALMIERI, TYLER, WIENER, WILHELM & WALDRON LLP City of Newport Beach Planning Commission August 5, 2010 Page 11 2. Biological Resources. The Errata expands the analysis of environmental impacts to riparian habitat from the limited analysis that was provided in the Study. Specifically, a biological survey of the site was conducted by ICF on June 22, 2010 (the "ICF Survey ") to determine whether the Project would impact the riparian habitat in the immediate vicinity of the Project area. While we appreciate that the ICF Survey was conducted, apparently in response to the Initial Comment Letter, the ICF Survey and the Errata are inadequate to overcome the deficiencies in the Study. Paul Lehman ( "Lehman "), an expert on avian distribution and identification and former editor of the American Birding Association's Birding magazine, detailed in a letter (the "Lehman Letter ") recent biological surveys of the Project site conducted by Hamilton Biological, Inc. (the "Hamilton Survey "). The Lehman Letter analyzes the ICF Survey, the Hamilton Survey, and is attached to this letter as Exhibit "A ", along with Lehman's curriculum vitae. The conclusions reached in the ICF Survey differ greatly from the conclusions reached in the Lehman Letter. Furthermore, the ICF Survey was not conducted at appropriate times, analyzed potential impacts to species that have no potential to occur anywhere near the site, and failed to identify and analyze potential impacts to special- status species known from Upper Newport Bay, located 0.8 mile southwest of the Project site, or San Joaquin March, located 0.6 mile east of the Project site, and likely to use the Lake as a habitat. Some of the more significant points raised in the Lehman Letter are as follows: a. The ICF Survey Was Not Conducted at Appropriate Times, The ICF Survey was conducted by ICF on June 22, 2010. The Study also states that field surveys were conducted at the site (published prior to the ICF Study), but no specific studies are referenced in the Study and the ICF Survey is the only survey that is specifically referenced in the Errata. As stated in the Lehman Letter, various special - status species of wildlife are likely to visit and utilize the Lake at various times throughout the year. For example, the California Least Terns and Black Skimmers may forage at the Lake in the late Spring. No study was conducted during the Spring to determine whether special - status species forage at the Lake. Furthermore, as the Lehman Letter points out, the California Least Terns have failed in Upper Newport Bay and this year is not representative of typical PALMIERI, TYLER, WIENER, WILHELM & WALDRON LLP City of Newport Beach Planning Commission August 5, 2010 Page 12 years where such species would be expected to forage at the Lake. Likewise, the ICF Survey did not study during the known foraging patterns of other special - status species or study at appropriate times of day. b. Omission of the Study of Other Special- Status Species. The Lehman Letter identifies several species that are recognized as California Species of Special Concern that have been observed, or may be expected to occur, at the Project site, but were not identified in the ICF Survey. These species include, without limitation, the following: (1) Least Bittern; (2) American Peregrine Falcon; (3) California Least Tem; (4) Black Skimmer; (5) Clark's Marsh Wren; and (6) Tricolored Blackbird. Additionally, the Lehman Letter identifies several species that are included on the California Department of Fish and Game's Special Animals list. This list is also referred to as the list of "species at risk" or "special status species." The Department of Fish and Game considers the taxa on this list to be those of greatest conservation need. The species on the Special Animals list that have been observed, or may be expected to occur at the Lake and the Project site include, without limitation, the following: (1) Allen's Hummingbird; (2) The Osprey; (3) Cooper's Hawk; (4) Costa's Hummingbird; and (5) Nuttal's Woodpecker. Several species that are considered California Species of Special Concern and are listed on the California Department of Fish and Game's Special Animals list have been observed, and may be expected to occur, at the Project. However, the potential impacts PALMIERI, TYLER, WIENER, WILHELM & WALDRON LLP City of Newport Beach Planning Commission August 5, 2010 Page 13 to many of the species were not identified in the Study or the Errata. The potential impacts to these species must be identified in an EIR. C. Foraging and nd Fli hg t Path. It is also important to note that the discussion of impacts to riparian habitat in the Study and the Errata limited the scope of review to species that may nest in the Project area. However, the Errata failed to discuss species that nest elsewhere, but forage in the Project area. Additionally, the Study and the Errata failed to identify and analyze any impacts to species whose flight path may be impacted by the erection of a 50 ft. tall building between the Lake and Upper Newport Bay. The Study and the Errata failed to identify the potential impacts to these special - status species that have been observed, or may be expected to occur, at the Lake and the Project site. Accordingly, a more detailed analysis of the potential environmental impacts to the riparian habitat in the immediate vicinity of the Project site must be included in an EIR for the Project. Additional Revisions Provided in the Errata. In addition to revisions to the discussion of environmental impacts relating to aesthetics and biological resources, the Errata provides revisions to the discussion of impacts relating to hazards and hazardous materials, hydrology and water quality, noise, public services, and transportation and traffic. None of these revisions discussed cumulative impacts resulting from the Project, the Related Project, and the Residential Project. Furthermore, the revisions discussed in the Errata do not cure the inadequacies identified in the Initial Comment Letter. The significant environmental impacts identified in the Initial Comment Letter must be further analyzed in an EIR. In sum, these cumulative environmental impacts will be far greater than the impacts identified and analyzed independently in the environmental documents for each Project. Additionally, the analysis of the significant environmental impacts identified independently in the Study is inadequate. Accordingly, the environmental impacts must be identified and analyzed in a single EIR for the Project, the Related Project, and the Residential Project. PALMIERI, TYLER, WIENER, WILHELM & WALDRON LLP City of Newport Beach Planning Commission August 5, 2010 Page 14 IV. GENERAL PLAN AND KOLL CENTER STANDARDS INCONSISTENCIES. As detailed in the Initial Comment Letter, the amendments to the General Plan and the Koll Center Newport Planned Community text are inconsistent with the land use policies set forth therein. Additionally, the proposed exception to the Koll Center Newport Planned Community General Development standards (the "Development Standards "), and the accompanying tentative parcel map are inconsistent with the land use policies set forth in the Development Standards. A. The Proposed General Plan Amendment for the Project is Inconsistent with the Land Use Policies Set Forth in the General Plan. The Initial Comment Letter discusses in detail the inconsistency between the general plan amendment for the Project and the land use policies set forth in the General Plan. The Errata made no revisions to the analysis of the environmental impacts to land use, and therefore the analysis of environmental impacts to land use in the Initial Comment Letter remains unrefuted. Generally, the general plan amendment for the Project is inconsistent with the General Plan's maximum development limit square footage in specific areas of the City. This amendment is also inconsistent with the City's Vision Statement and the City's express stated goal to reduce potential new commercial and office space by 1.45 million square feet. Despite this limitation, the Project proposes to increase square footage limitations, in direct conflict with the General Plan's Vision Statement and stated goals. B. Inconsistent with ith Koll Center Newport Planned Community Development Standards. The Project proposes to amend the Development Standards to allow for an exception to minimum site area requirements and to allow an exception to off - street parking requirements. The Staff Report concludes that there are sufficient facts to support the requisite findings to allow an exception to minimum site area requirements provided by the Development Standards. Likewise, the Staff Report concludes that the City Council has the authority to approve of an exception to the off - street parking requirements of the Development Standards. PALMIERI, TYLER, WIENER, WILEELM & WALDRON LLP City of Newport Beach Planning Commission August 5, 2010 Page 15 Exception to Minimum Site Area. The Development Standards require that a site area consist of no less than 30,000 square feet. The Project proposes to subdivide the existing 55,779 square foot parcel into two separate parcels. One parcel would consist of approximately 32,395 square feet, and the second parcel would consist of approximately 23,383 square feet. The Staff Report concludes that the granting of the exception is compliant with the requisite findings necessary to support the exception, as follows: (1) the exception will not be detrimental to the public welfare or injurious to other property in the vicinity and (2) that the intent of the Development Standards are substantially met. Despite recommending the draconian measure of amending a fundamental tenet of the Development Standards, the minimum site area, that is a foundation of the Koll Center planned community, the City does not attempt to explain what circumstances exist that justify allowing such an exception. The Development Standards serve the purpose of establishing and preserving the cohesive nature of a planned business community. The facts in support of the findings provided in the Staff Report are simply too superficial to justify this exception. Although the site area may comply with building envelope requirements, setback requirements, and will not exceed maximum height restrictions, as the Staff Report points out, this does not justify allowing an exception to minimum site area. Nor does the fact that the project site is fully developed and that there are lot sizes in the vicinity of the site that are similar to or smaller than the proposed lot size. The facts in support of the finding that the intent of the Development Standards are met are equally superficial. The principal intent of the Development Standards is to create a cohesive, planned community by establishing certain standards that will create a consistent and unified office park. Adopting an exception to any development standard is fundamentally inconsistent with the intent of the Development Standards. Moreover, the Staff Report concludes on p. 12 that if the exception is granted, then the intent of the Development Standards will be met. These two concepts are mutually exclusive. The intent of the Development Standards must be determined by reviewing them prior to making exceptions. If the approval of an exception itself is manifest proof PALMIERI, TYLER, WIENER. WILHELM & WALDRON LLP City of Newport Beach Planning Commission August 5, 2010 Page 16 of satisfaction of requisite intent, then the analysis of the intent of the Development Standards is a sham. Such a revision will set precedent for revising Development Standards in the future without actually considering the intent of the Development Standards prior to making such revision. The exception to the Development Standards for minimum site area is not supported by the findings set forth in the Staff Report, and therefore the exception for minimum site area should not be approved. 2. Exception to General Parking Requirement Standards. The Staff Report determined that the City Council has the authority to lower the off - street parking requirements from one space for each 225 square feet of net floor area to one space for each 250 square feet of net floor area. Additionally, the Staff Report recommends that this exception be granted. In reaching this conclusion, the Staff Report notes that, if the exception to reduce the off - street parking requirement were granted, the intent of providing adequate off - street parking would be met. Again, these concepts are mutually exclusive and the approval of an exception in and of itself may not be considered proof that the intent of the Development Standards was met. Furthermore, the analysis is too superficial to justify providing this exception. The Staff Report states that the off - street parking requirements are consistent with the Newport Beach Municipal Code (the "NBMC ") for business and professional office use. This is irrelevant to the discussion of parking requirements that are specific to the Koll Center. The parking requirements in the Koll Center are more stringent than the general parking requirements set forth in the Newport Beach Municipal Code in order to preserve specific standards that were created for the Koll Center community. The general parking requirement standards were established to provide ample parking in the Koll Center, and to preserve standards that will create and preserve a consistent and unified office park. Accordingly, the exception to the general parking requirement standards should not be approved. PALMIERI, TYLER, WIENER, WILRELM & WALDRON LLP City of Newport Beach Planning Commission August 5, 2010 Page 17 3. Tentative Parcel Man. The Project proposes to approve a tentative parcel map to subdivide the existing 55,779 square foot parcel of land into two separate parcels. In order to approve a tentative parcel map, the decision - making body must make all of the 11 findings set forth in Section 19.12.070 of Title 19 of the NBMC. The Staff Report concludes that the proposed parcel map is consistent with the legislative intent of Title 20 of the NBMC, and that the facts set forth in the Staff Report support all 11 findings required by the NBMC. However, many of the findings required to approve the tentative parcel map cannot be met, including but not limited to the following: (1) The first finding requires that the proposed map and the design or improvements of the subdivision are consistent with the General Plan and any applicable specific plan, and with applicable provisions of the Subdivision Map Act and this Subdivision Code. As discussed in detail above, the Project is inconsistent with the General Plan and the Development Standards. Therefore, the tentative parcel map is inconsistent with the first finding, which is required to be met in order to approve the tentative parcel map. (2) The third finding requires that the design of the subdivision or the proposed improvements will not cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat. Furthermore, notwithstanding the foregoing, the decision - making body may nevertheless approve such a subdivision if an environmental impact report was prepared for the project and a finding was made pursuant to Section 21081 of CEQA that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report. Again, as discussed in detail above, the Study and Errata have not adequately analyzed the potential impacts to species located in the Project area. Furthermore, an EIR was not prepared for the Project, and therefore the decision - making body may not find pursuant to Section 21081 of CEQA that other considerations make infeasible other alternatives. Accordingly, the third finding set forth in Section 19,28.0 10 of the NBMC cannot be met. (3) The fifth finding requires that the subdivision not conflict with easements acquired by the public at large for access through or use of property within the proposed PALMIERI, TYLER, WIENER, WILHELM & WALDRON LLP City of Newport Beach Planning Commission August 5, 2010 Page 18 subdivision. As stated above, the Residential Project proposes to utilize certain portions of the Koll Center as common areas for the benefit of the residents of the Residential Project. No analysis was provided in the Staff Report regarding any potential conflicts between the proposed Residential Project and the tentative parcel map. Not less than three of the 11 findings required to support approval of the tentative parcel map cannot be met. Additionally, further analysis of environmental impacts relating to land use, biological resources, and cumulative impacts attributable to the Project and the Related Project is required to determine whether all I 1 of the findings may be met. Accordingly, the tentative parcel map cannot be approved under Section 19.28.0 10 of the NBMC. V. CONCLUSION. For the reasons set forth above, Charter Section 423 requires voter approval of the general plan amendment for the Project, the Study, including the Errata, is still inadequate to serve as the environmental document for the Project under CEQA, the general plan amendment and Development Standards text amendment for the Project should not be adopted, and the Project is inappropriate for and inconsistent with the Newport Beach General Plan and Development Standards for the Koll Center. Very truly yours, Ryan M. Easter RME:fjf cc: David Lepo, Planning Director Newport Beach City Clerk Meyer Properties Michael H. Leifer, Esq. EXHIBIT "A" August 5, 2010 James B. Hasty, Senior Vice President Meyer Properties 4320 Von Karman Avenue Newport Beach, CA 92660 Subject: Biological Review, PRES Office Building B Dear Mr. Hasty, At your request, I have reviewed environmental documentation provided by the City of Newport Beach (City) regarding a mitigated negative declaration OYM) prepared in support of a project known as the PRES Office Building B General Plan and Planned Community Text Amendments (PRES). This letter report provides the results of my review. My qualifications to conduct this review are provided in the attached biography. Methods I reviewed all relevant portions of the MND, provided on the City's web page. This included: ICF Jones & Stokes. 2010, Initial Study and Mitigated Negative Declaration for the PRES Office Building B General Plan and Planned Community Text Amendments. Report dated July 2010 prepared for the City of Newport Beach Planning Department. Section IV, Biological Resources. ICF International. 2010. Summary of Biological Literature Review and Field Visit Conducted for the PRES Office Building B General Plan and Planned Community Text Amendments. Memorandum dated June 28, 2010, from biologist Paul Schwartz to project manager Nicole Williams. I also reviewed the letter dated June 7, 2010, from Ryan M. Easter of Palmieri, Tyler, Wiener, Wilhelm & Waldron LLP, and the City's responses. Biologist Robert Hamilton of Hamilton Biological, Inc., visited the project site during the afternoons of July 31 and August 2, spending approximately one hour in the project vicinity during each visit. During these visits Mr. Hamilton noted plant and wildlife species present and the general condition of the project site and nearby man -made ponds on either side of Von Karman Avenue. Mr. Hamilton provided me with photographs showing the condition of the project site and the two nearby ponds. Review Comments The main issues that stand out from my review of this project relate to the results of the literature search and the assumptions made by the project biologists about which species could, or could not, occur at the project site and adjacent retarding basin pond. The memorandum from Mr. Schwartz states: Prior to conducting the field survey, a California Natural Diversity Database (CNDDB) (CNDDB 2010) search was completed to detect special - status wildlife and plant species with the potential to occur within 5 miles of the project area. The species list resulting from the search is provided in Table 1. Table l include entries for numerous species of plant and wildlife that do not occur within 5 miles of the project site, and have no potential to occur anywhere near the site. These include Cismontane Nolina ( Nolina cismontana; occurs in the Santa Ana Mountains), Santa Ana River Woollystar (Eriastrum densifolium ssp. sanctorum; unrecorded south of Featherly Park near the Riverside County line), and even the Northern Leopard Frog (Lithobates pipiens), a species with a natural distribution that includes only the northern part of California. Given that the project site is located near two man -made ponds that support small fish and emergent marsh vegetation, Table I should have included certain special- status species known from Upper Newport Bay, located only 0.8 mile southwest of the project site, and /or San Joaquin Marsh, located only 0.6 mile east of the project site. The following special - status species of potential relevance to the proposed project are not included in Table l: Least Bittern (Ixobrychus exills). This California Species of Special Concern is known to occur in stands of cat -tails and tules at San Joaquin Marsh and other freshwater marshes in Orange County, although those stands are typically larger than those on the project site. The MND failed to mention the Least Bittern and no evaluation was made by the project biologist. However, given the relative small size and isolated, urban nature of this cat -tail habitat in the retarding basin pond, it is very unlikely that Least Bittern nests on the site, and this species would —at best —be a very irregular visitor. American Peregrine Falcon (Falco peregrines anatum). This state - endangered species is known to occur regularly at both Upper Newport Bay and San Joaquin Marsh, and Peregrine Falcons have been recorded nesting on the Marriott Hotel at Fashion Island in Newport Beach (Gallagher, S. J., and Bloom, P. H. 1997. Atlas of Breeding Birds, Orange County, California. Sea and Sage Audubon Press, Irvine, CA). Although this species could occur on the project site, the MND failed to mention the Peregrine Falcon and no evaluation was made by the project biologist. The Peregrine Falcon would likely be an irregular visitor, mostly in search of possible prey at the retarding basin pond —and not to the actual proposed site of the PRIES building. California Least Tern (Sternula antillarum browns). This species, listed as endangered by state and federal governments, nests on a sand island near the upper end of Upper Newport Bay and is "regularly encountered at golf course ponds and similar sites within a mile or two of the coast" in Orange County (Hamilton, R. A. and Willick, D. R. 1996. The Birds of Orange County, California: Status and Distribution. Sea and Sage Press, Sea and Sage Audubon Society, Irvine, CA) and the same is true in San Diego County (pers. obs.). Given that their nearest nesting colony is located only 1,2 miles southwest of the project site (R. A. Hamilton pers. comm.), and given the large population of small fish in the ponds adjacent to the project site (Mr. Hamilton noted that these fish are easily seen from the edges of the ponds), I believe that Least Terns might make rare or occasional summer foraging visits of these ponds during normal years. Mr. Hamilton did not see any terns at the ponds during his field visits, but the Least Terns have failed in their nesting at Upper Newport Bay this year (R. A. Hamilton pers. comm.) and Mr. Hamilton has not seen them anywhere at the bay since early July (he monitors the ongoing dredging work at the bay and inspect the terns' nesting island approximately once a week). Since July /August 2010 has not been a period of normal activity for Least Terns at Upper Newport Bay, surveys of the ponds near the project site during this period do not provide a reliable indication of the species' status there during a normal year. Black Skimmer (Rynchops niger). Like the Least Tern, this California Species of Special Concern regularly nests near the upper end of Upper Newport Bay and regularly forages "within a mile or two of the coast" (Hamilton, R. A. and Willick, D. R. 1996. The Birds of Orange County, California: Status and Distribution. Sea and Sage Press, Sea and Sage Audubon Society, Irvine, CA). Similar to the tern, skimmers could make rare foraging visits to the ponds near the project site during normal years, probably at night. Mr. Hamilton did not see any skimmers at the ponds during his field visits, but, like the Least Terns, Black Skimmers have failed in their nesting at Upper Newport Bay this year (R. A. Hamilton pers. comm.). Mr. Hamilton has seen low numbers of skimmers at the bay since early July. Since July /August 2010 has not been a period of normal activity for skimmers at Upper Newport Bay, surveys of the ponds near the project site during this period do not provide a reliable indication of the species' status there during a normal year. Clark's Marsh Wren (Clstothorus palustris clarkae). This California Species of Special Concern is a sedentary bird that occurs in stands of cat -tails and toles at San Joaquin Marsh and Upper Newport Bay, although those stands are typically larger than those on the project site. The MND failed to mention Clark's Marsh Wren and no evaluation was made by the project biologist. Tricolored Blackbird (Agelalus tricolor). This California Species of Special Concern breeds in emergent marsh vegetation and feeds in grasslands, sometimes including turf. Although it is doubtful that Tricolored Blackbirds make substantial use of this site, the MND failed to mention the Tricolored Blackbird and no evaluation was made by the project biologist. 3 Several other species that are not listed as threatened or endangered, or identified as California Species of Special Concern, are placed on a "Special Animals" list by the California Department of Fish and Game: "Special Animals" is a general term that refers to all of the taxa the California Natural Diversity Data Base is interested in tracking, regardless of their legal or protection status. This list is also referred to as the list of "species at risk" or "special status species." The Department of Fish and Game considers the taxa on this list to be those of greatest conservation need. hit • / /dfe cu aov/bioeeod•da/cnddb/ dr SPAnimals ndD CBQA documents typically identify and evaluate a project's potential effects on all Special Animals that are known or expected to occur on a given site. Mr. Hamilton observed an Allen's Hummingbird (Selasphorus sasin) across the street from the project site on August 2, 2010. The Osprey (Pandion halladus) has been reported occasionally foraging in ponds near the project site (James Hasty pers. comm.). Other Special Animals with potential to occur on the site include Cooper's Hawk (Accipiter cooperir), Costa's Hummingbird (Calypte costae), and Nuttall's Woodpecker (Picoi- des nuttallir). The Osprey, which has only recently recolonized Orange County, is now known to nest at both Upper Newport Bay and San Joaquin Marsh. It seems unlikely that this species occurs regularly at the ponds near the project site, but this question was not evaluated in the MND. The other species mentioned above are common across much of Orange County and the wider region, and so are not especially "sensitive," but again, it is the project biologist's responsibility to evaluate their potential for occurrence on the site and to analyze the potential significance of any impacts. None of these species was mentioned in the biological documentation for the MND. Conclusions The stated objective of the biological report prepared for the MND was to identify "special- status wildlife and plant species with the potential to occur within 5 miles of the project area," but evaluated a number of species that do not occur within 5 miles of the project site and/or that have no potential to occur in the project setting. More importantly, the MND did not evaluate various special- status species known to occur within a mile of the project site, at Upper Newport Bay and San Joaquin Marsh. I cannot do more than speculate about the actual status of several of these species identified in this comment letter, but it should be stated that some of them have been reported on or near the site and others could potentially use the ponds, at least on an irregular basis. Peregrine Falcons have been recorded nesting on a building in Newport Beach. The definitive publication on the status and distribution of birds in Orange County states that both California Least Terns and Black Skimmers regularly forage at freshwater sites within a mile or two of the coast (including "golf course ponds and similar sites" for the tern). Whether either of these species forage at the two ponds adjacent to the project site is unknown because adequate surveys were not conducted during the late spring /early summer period in 2010 when these species were actively nesting at Upper Newport Bay. Now that their local nesting has failed, numbers of both of these species at the head of Newport Bay are reduced from their normal late- summer 4 levels (R. A. Hamilton pers. comm.), and the birds that remain may not be following the foraging patterns they normally follow when they are raising young. It is my conclusion that the MND is deficient in its failure to fully (1) discuss these special - status species and their known patterns of foraging in Orange County, (2) conduct surveys at appropriate times of year and appropriate times of day directed toward determining their status on the site, or (3) evaluate the potential effects of adding a tall structure along the flight -line between the Koll Center ponds and Upper Newport Bay. I appreciate the opportunity to provide this review. If you wish to review any matters, please call me at (858) 268 -1937 or send e-mail to Iehman.paul@verizon.net. Sincerely, Paul E. Lehman Attachment: Lehman biography PAUL LLHMAN 11192 Portobelo Drive, San Diego, CA 92124 858 - 268 -1937 (home); 609 - 313 -3129 (cell) lehman.paul@verizon.net Paul Lehman has written many articles and papers on avian distribution and identification. Formerly a lecturer in physical geography and environmental studies at the University of California in Santa Barbara, and past editor of the American Birding Associations Birding magazine for nine years (1989 -1997), Paul continues to give lectures on weather and bird distribution, migration, and vagrancy. He also leads bird tours throughout North America for Wings, Inc. He is an associate editor for both North American Birds and Western Birds magazines, and he has been a principal consultant on most of the popular field guides on the market today, primarily as the chief consultant and compiler for the range maps in The Sibley Field Guides to Birds of Eastern and Western North America, Roger Tory Peterson's A Field Guide to the Birds of Eastern and Central North America and A Field Guide to the Birds of Western North America, the National Geographic Society's Field Guide to the Birds of North America and Complete Birds of North America, the Smithsonian Guide to the Birds of North America, and the National Wildlife Federation Guide to the Birds of North America. He was also chief editor of the ABA /Lane birdfinding guide to North America's major metropolitan regions, and was managing editor of the recently published Rare Birds of California book, 9 Attachment No. PC 3 Errata to the Draft IS /MND (Distributed under separate cover) CITY OF NEWPORT BEACH PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD, BLDG. C NEWPORT BEACH, CA 92658 -8915 Memorandum To: Planning Commission From: Janet Johnson Brown, Associate Planner Date: August 16, 2010 Re: PRES Office Building B — Errata to the IS /MND (Amended August 13, 2010) Attached please find a copy of an Errata to the IS /MND (Chapter 4), amended as of August 13, 2010, and Appendix I. Changes to the amended Errata, which were not addressed in the Errata attached to the August 5, 2010 staff report, occur in the following categories: Aesthetics, Biological Resources, Hazards and Hazardous Materials, and Transportation and Traffic. Also attached are copies of a revised conceptual rendering and elevation plans of the proposed office building submitted by the applicant for your information. The height of the building has been reduced from 50 -feet to 47 -feet 10- inches. Chapter 4 Errata to the Draft IS/MND (Amended August 13, 2010) Introduction This section of the document addresses modifications to the draft IS /MND for the proposed PRES Office Building B. It presents all revisions related to public comments, as determined necessary by the Department. Only sections that had revisions based on the public comments are included, and sections that had no revisions are not included. Readers are referred to Chapters 1 through 3 of this final IS /MND to view complete sections. This section provides changes to the draft IS /MND in revision -mode text (i.e., deletions are shown with steugh and additions are shown with underline These notations are meant to provide clarification, corrections, or minor revisions as needed as a result of public comments or because of changes in the project since the publication and distribution of the draft IS/MND. Changes to the Draft IS /MND The following changes to the text as presented below are incorporated into the Final IS /MND. Project Description Office Building Development As discussed above, the proposed amendments would increase the allowable square footage to accommodate the development of a new 11,960- gross- square - foot office building on the site that is currently occupied by a 6,850- gross - square- foot office building and 84 surface parking spaces. Approximately 25 stalls of the existing 84 stalls of surface parking and some existing landscaping would be PRES Office Building B August 2010 4 -1 Initial Study /Mitigated Negative Declaration ICF J85008]2.09 City of Newport Beach Chapter 4. Errata to the Draft IS /MIND demolished for the development of the proposed office building. The proposed office building would be a total of three levels: two levels of office space and a ground -level parking structure. The proposed building may be occupied by a single tenant, PRES, or it may have multiple tenants. An average of 53 employees would work at the proposed building.' The parking structure would provide 12 parking spaces, and the exterior surface of project site would provide 30 parking spaces for a total of 42 parking spaces on the proposed parcel two. Primary access to the proposed project would remain from Von Karman Avenue. Figure 2 -5, Proposed Project Plan, illustrates the project site plan. The maximum height of the office building would bea maximum of 4739 feet 10 inches above the original grade. Figure 2 -6, Proposed Project Elevations, shows the side elevations of the proposed building. The architectural style of the office building would be aesthetically diverse and would use textures such as rocks and living walls (i.e., walls covered in plants) to soften the composition of the building. The office buildings would incorporate a mixture of textured aluminum panels, stone, reflective glass, and canopy elements. Figure 2 -7, Proposed Project Rendering, shows an architectural rendering of the proposed building. Mechanical equipment, such as heating, ventilation, and air conditioning units, would be screened from the public view by the height of the buildings. All equipment would be centrally located on the roof surfaces, prohibiting views of the equipment. Chapter 3. Initial Study Environmental Checklist I. Aesthetics, Page 3 -5 b. Substantially damage scenic resources, including, but not limited to trees, rock outcroppings, and historic buildings along a scenic highway? No Impact. The proje,.t Sao dOeS H01 fi :. t ,.f..«. FOOk ,...t,._,.._«:«,.. that RUP Of I The Employment Density Study Summary Report prepared by Southern California Association of Governments (SCAG) (2001) provides the number of emplovees per square foot of office buildings in Orange County based on the average employee per acre and the average Floor Area Ratio of buildings in Orange County. Specifically, Table 11 -13 identifies that in Orange County a high -rise office building has one employee for every 218 square feet of building. The SCAG data does not identify_woss or net square feet. This document uses the gross square feet for the proposed amendment of the General Plan (11,544 gross square feet) to determine the number of employees that would be used for development of the new office building. Therefore, based on this information, an average of approximately 53 employees would be employed at the offlee buildine. PRES Office Building B August 2010 4 -2 Initial Study /Mitigated Negative Declaration ICF J85008]3.09 City of Newport Beach Chapter 4. Errata to the Draft IS /MIND This threshold specifically relates to the damage of scenic resources, including but not limited to trees, rock outcroppings, and historic buildings, that are along or adjacent to a scenic highway (i.e., adjacent to or in the vicinity of a scenic highway). Therefore, the scope of analysis for this threshold identifies whether scenic highways are located in the vicinity of the proiect site, and if so, whether the 12roiect would impact scenic resources including but not limited to trees, rock outcroppings, or historic structures along the scenic highway. tThere are no designated scenic highways in the vicinity of the proposed project (California Department of Transportation 2009). In addition, the County of Orange General Plan was also reviewed to determine if there are locally designated scenic highways within proximity of the project site. County of Orange General Plan Transportation Element Figure IV -11 does not identify any designated scenic highways in the vicinity of the project site (County of Orange 20041 Furthermore, the project site does not consist of any rock outcroppings that are of significant visual quality. There are no historic buildings on site or in the proiect area that would be affected by the proposed proiect. Therefore, the proposed project would not damage a- scenic resources along a scenic highway, and no impacts would occur. For an analysis of the existing visual character or quality of the retarding basin and the landscaped space in the Kell Center, please see Threshold (c) below. c. Substantially degrade the existing visual character or quality of the site and its surroundings? Less - than - Significant Impact. The proposed project would not adversely affect the existing visual character or quality of the site and its surroundings. The project site is located in a fully developed planned community and would not damage any scenic resources. The proposed project would blend in with the existing character of the area and surrounding land uses. The maximum heigh The existing visual setting of the Koll Center is primarily comprised of multi- level office and commercial buildings separated by landscaped space. Within the existing Kell Center boundaries, there are well over 50 existing buildings. Many of these buildings, including two buildings to the north/northeast of the project site, 4340 Von Karman Avenue and 4350 Von Karman Avenue, are more than three stories tall. There are two retarding basins in Koll Center. One is adjacent to the project site and the other is located over 200 feet away from the proiect site to the west of Von Karman Avenue. Of the eight buildings surrounding the two retarding basins in the Koll Center, the PRES and Meyers buildings are the only single -story buildings. Therefore, the Koll Center and the buildings surrounding the retarding basins offer a wide variety of heights and elevations. This variety adds a multi -level visual complexity to the existing visual setting. See Attachment A depicting the eight buildings and the local area surrounding the two retarding basins. The landscaped space in Koll Center and the area surrounding the two retarding basins and the basins themselves add to the existing visual character of the Koll Center. Open space is not specifically defined in the Kell Center Newport PRES Office Building B August 2010 4 -3 Initial Study /Mitigated Negative Declaration ICF J85008]3.09 City of Newport Beach Chapter 4. Errata to the Draft IS /MIND Community Development Standards Moll Center Development Standards). Page 7 of the Kell Center Development Standards identifies that unless otherwise stated in this ordinance [Koll Standards], the requirements of the zoning code, City of Newport Beach, shall apply. The Koll Center Development Standards Center is approximately 179 acres, or approximately 7.7 million square feet. Currently, the local area surrounding the two retarding basins is approximately 913,600 square feet, or approximately 21 acres. Of this local area, approximately 344,100 square feet, or approximately 8 acres, would be considered landscaped space. The existing landscaped space and retarding basins are visual amenities experienced by employees and visitors that drive or walk along Von Karman Avenue or that work in buildings facing the retarding basins. However, while the retarding basins and landscaped space are visually pleasing amenities and are a part of the visual character and quality of the Koll Center, they are not designated visual resources according to the General Plan Natural Resources Element. The existing view of the project site experienced by drivers and pedestrians along Von Karman is comprised of a foreground (ornamental lawn/turf and part of the retarding basin) and a background (the existing black, asphalt paved parking lot). There are no views of the project site from the northeast because the Meyers building has no windows facing the project site that would allow employees or visitors to that building to view the existing landscaped space and black asphalt parking lot. There are no views to the southeast of the project site because a wall more than 6 feet high separates the project site and the existing industrial use to the south and east. There are only partial views of the existing manicured lawn/turf from the existing PRES building to the southwest of the project site because of the angle of the existing PRES building. Thus, onlv drivers an d pedestrians along Von Karman have a full view of the project site at certain locations along Von Karman Avenue and on sidewalks. See Attachments B to 1 identifying viewpoint locations from and to the project site and the views of those locations. The proposed project includes the construction and operation of a three -level office building with a maximum height of 47 feet 10 inches. Approximately 25% of the project site would be landscaped, and approximately 75% of the site would be paved. The proposed project would remove approximately 2,000 square feet of existing landscaped space from the Koll Center. The proposed architectural style of the building would be aesthetically diverse and would use textures such as rocks and living walls (i.e., walls covered in plants) to soften the composition of the building. The proposed office building would incorporate a mixture of textured aluminum panels, stone, reflective glass, and canopy elements. Equipment, such as heating, ventilation, and air conditioning (HVAC) units, would be screened from the public view by the height of the building. All equipment would be centrally located on the roof surfaces, prohibiting views of the equipment. - The Koll Center Development Standards define footprint lot as the area of land required for the building pad encompassing the peripheral area of the building. Appurtenant and contiguous to the footprint shall be all narking, landscaping, setbacks and other areas as described and required by the Standard's text. PRES Office Building B August 2010 4 -4 Initial Study /Mitigated Negative Declaration ICF J85008]3.09 ICFJones& Attachment A Stokes Local Area PRES Office Building B fi �,r L f � or 1s 1 AS ., 4 � MA r Rf may/` ,.► N 0 50 00 •� � � � Feet. ICFJones& Attachment B Stokes Viewpoint Locations a , PRES Office Building B 'C� Jones & Attachment C ^ ^Stokes Viewpoint #1 Southeast View of Jazz Semi Conductors from Project Site PRIES Office Building B ICC Jones& Attachment D r,^Stolces Viewpoint #2 Northeast View from Project Site to Meyers Building PRIES Office Building B 'CFJo�s& Stokes Attachment E �gLO Viewpoint #3 Southeast View to Project Site PRIES Office Building B ICFJones & Stokes Attachment F Viewpoint #4 Southbound Von Karman Ave. View to Project Site PRIES Office Building B 'CF Jones& Attachment G ^Stokes Viewpoint #5 Southbound Von Karman Ave. Median View to Project Site PRIES Office Building B 'CF Jones& Attachment H .- ,^Stokes Viewpoint #6 East -side Sidewalk View to Project Site (moving south along Von Karman Ave.) PRES Office Building B 'CC Jones& Attachment I r,^Stolces Viewpoint #7 East -side Sidewalk View to Project Site (moving north along Von Karman Ave.) PRES Office Building B City of Newport Beach Chapter 4. Errata to the Draft IS /MIND The proposed project would change the existing visual character of the site and its surroundings. However, simply changing the existing visual character would not exceed the level of significance established by Threshold (c). The threshold specifies the degradation of the existing visual character or quality and whether the proposed project would result in substantial degradation of the visual character or quality. Therefore, the criteria is substantial degradation of existing visual character or quality and visual character must be substantially degraded for an impact to be determined significant. The proposed project would not substantially degrade the existing visual character or quality of the site or the surrounding area. The proposed project would be taller than the adjacent PRES and Meyers buildings; however, it would be either the same height or several feet (or stories) shorter than six buildings surrounding the retarding basins. Additionally, the proposed project is a modest office buildin¢ that would be compatible with other uses in the area and the spacing between it and the existing buildings would be similar to other buildings within the Koll Center. Therefore, the proposed proiect would continue to support the multi -level visual complexity of not only the area around the two retarding basins, but the entire Koll Center. The existing landscaped space surrounding the retarding basins is visually Pleasing and adds to the visual character and quality of the surrounding area. The proposed project would not substantially degrade these visually pleasing amenities. The proposed project would remove 2,000 square feet of ornamental landscaped space from the Koll Center, or approximately 0.6% of the landscaped space surrounding the two retarding basins. The landscaped space offers no unique or different characteristic than any of the other landscaped space surrounding the retarding basins or in the Koll Center. It is comprised of lawn and omamental trees, including a 36- foot -tall eucalyptus tree, the ffices of which can be found elsewhere in the Koll Center. Furthermore, the proposed project would not alter, change, or otherwise modify the existing retarding basin. The basin would remain as it is. The proposed building would be more than 20 feet from the edge of the outlet of the adjacent retarding basin and more than 40 feet from the edge of the adjacent retarding basin. The proposed building would be located more than 200 feet from the retarding basin across the street and Von Karman Avenue would separate the proposed building from this retarding basin. Therefore, the removal of 2,000 square feet of landscaped area does not constitute a substantial degradation of the visual character or quality of the surrounding area. The view from Von Karman would change slightly for drivers and pedestrians because they would see less manicured lawn/turf in the foreground. However, drivers and pedestrians would also see less parking lot pavement in the background from Von Karman because the project would remove approximately 25 parking lot spaces. Removing the parking lot pavement and replacing it with a building that has an aesthetically diverse architectural style and uses textures such as rocks and living walls (i.e., walls covered in plants) could enhance the viewing experience of drivers and pedestrians. Therefore, although the proposed groiect would change the visual character and quality of the site and the surrounding area, it would not substantially degrade it. PRES Office Building B August 2010 4 -5 Initial Study /Mitigated Negative Declaration ICF J85008]3.09 City of Newport Beach Chapter 4. Errata to the Draft IS /MIND Therefore, as the proposed project would be located in a fully developed planned community and the architectural components would blend in with the existing office - complex character of the area, impacts would be less than significant. IV. Biological Resources, Pages 3 -17 and 3 -18 b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? No Impact. The proposed project would not have an adverse effect on any riparian habitat. According Figure NR2 of the City of Newport Beach General Plan Natural Resources Element, the project site is not located within an Environmental Study Area (City of Newport Beach 2006a). Additionally, field surveys of the site confirmed that the project site is fully developed and void of any riparian habitat or other natural communities. Specifically. ICF performed a biological survey of the site on June 22, 2010 (see new Appendix G for the Biological Memorandum). ICF also performed a biological survey of the site on August 12, 2010 (see new Appendix I). The biological survey (Appendix G) confirmed the project site contains no riparian habitat and the proposed project would not have an impact on the retarding basin. Therefore, there would be no impacts from proiect implementation on the habitat that the retarding basin provides to bird species, including the rg eat egret (Ardea alba). California brown pelican (Pelecanus occidentalis), great blue heron (Ardea herodias), and mallard (Anas nlatvrhvnchos). Of the species listed, the brown pelican, a federally protected species when present in nesting colonies and communal roosts, is only known to breed on Anacapa Island and a few other Channel Islands in southern California. Therefore, there would be no proiect- related impacts on California brown pelican nesting colonies or communal roosts. While it is possible for the brown pelican to be observed using the retarding basin, the area provides no habitat for the pelican that would be affected as a result of construction or operation of the proposed proiect. The retarding basin is not within the Project site boundaries, and the proposed project would have no permanent or temporary direct impacts on the retarding basin. Therefore, the proposed project would not affect riparian habitat or other sensitive natural community and no impacts would occur. d. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Less - than - Significant Impact with Mitigation Incorporated. The proposed project would not interfere with the movement of fish or wildlife. The project site is located in fully urbanized setting and is not connected to other undeveloped lands. According to Figures NRI and NR2 of the City of Newport Beach General Plan Natural Resources Element, the project site is not identified as a biological resources area, nor is it located in an Environmental Study Area (City of Newport Beach 2006a) and the site is not connected to any wildlife PRES Office Building B August 2010 4 -6 Initial Study /Mitigated Negative Declaration ICF J85008]3.09 City of Newport Beach Chapter 4. Errata to the Draft IS /MIND corridors. Therefore, the project site is not considered a part of a regional wildlife corridor that would facilitate movement of wildlife species from one area to another. The nearby retarding basin and adiacent areas provide marginal- to low - quality foraging habitat for wading birds such as the great blue heron and great egret. The ornamental trees within and adjacent to the project site provide at best, marginal roosting habitat for wading birds. They provide no reasonable potential for nesting by water birds due to openness, ongoing maintenance, and urban context. No sign of past or current nesting or roosting from wading birds was observed during Feld visits performed on June 22, 2010 (Appendix G) and August 12, 2010 (Appendix 1). Disturbance of the ornamental lawn and trees on the project site would remove approximately 2,000 square feet, or 0.05 acre, of marginal fora ig_ng habitat for wading birds. Furthermore, there are many locations of high - quality foraging habitat birds would be more likely use within the cities of Newport Beach and Irvine, including Newport Back Bay and the San Joaquin Marsh. The retarding basin is not within the proiect site boundaries, and the proposed project would have no permanent or temporary direct impacts on the retarding basin. Temporary indirect impacts (noise, light, etc.) on the retarding basin during the construction period could occur due to the proximity of the site to the basin. Given that the retarding basin provides low- quality habitat for waterfowl and that the prroiect is in the immediate vicinity of other large local estuaries that birds use, temporary construction- related impacts would be considered less than significant and no mitigation would be required. The project site does not support daily movement of species. Because of the poor quality of foraging habitat that the ornamental lawn and ornamental trees provide, and because the eject is in the vicinity of local estuaries (San Joaquin Marsh, Upper Newport Bay) used by birds, 1roject- related impacts to wading bird foraging habitat would be considered less than significant. Although the existing ornamental trees on site do not.._„ not antieipated provide important habitat, the removal of ornamental trees on site would require compliance with the Mjgratory Bird Treaty Act (MBTA) iaea.igas OF nesting s4es &F lAig_atel- ":_ Therefore, Mitigation Measure 1310 -1 is proposed to minimize redaee the impact on migratory birds should the ornamental trees be removed during migration season. The incorporation of Mitigation Measure 1310 -1 would further minimize impacts on wading or tree roosting birds. Impacts would be less than significant with mitigation incorporated. VIII. Hazards and Hazardous Materials, Pages 3 -34 to 3 -35 e. For a project within an airport land use plan or, where such a plan has not been adopted, within 2 miles of public airport or public use airport, would the project result in a safely hazard for people residing or working in the project area? PRES Office Building B August 2010 4 -7 Initial Study /Mitigated Negative Declaration ICF J8500873.09 City of Newport Beach Chapter 4. Errata to the Draft IS /MIND Less - than - Significant Impact. The closest airport is John Wayne Airport, which is approximately 1.0 mile north of the project site. The project site is located within the boundaries of the Airport Environs Land Use Plan (AELUP) for John Wayne Airport. The proposed project is within the height restriction zone for the John Wayne Airport and the notification area of the Federal Aviation Regulation (FAR) Part 77 Imaginary Surfaces aeronautical obstruction area. All building height restrictions identified in the Airport Environs Land Use Plan (AELUP) have as their ultimate limits the imaginary surfaces as applicable and defined in Part 77 of the Federal Aviation Regulations. "Imaginary Surfaces" are defined by means of elevations, heights, and slopes in relation to individual airports, the spaces above which are reserved for air navigation. The proposed project site is located within FAR Part 77 Obstruction for Imaginary Surfaces for JWA as identified by the FAR Part 77 John Wayne Airport Obstruction Imo ig nary Surfaces Figure in Appendix D of the AELUP. The ALUC uses all of the FAR Part 77.73 standards along with the results of FAA aeronautical studies, or other studies deemed necessary by the ALUC in order to determine if a structure is an `obstruction." Section 77.13 of the FAR requires the notification of the Federal Aviation Administration (FAA) for any construction or alteration that: • Exceeds 200 feet in height abov_ttt the ground level at its site. • Exceeds a height greater than an imaginary surface extending outward and upward at specific slope characteristics at 20,000 feet, 10,000 feet, and 5,000 feet from the nearest point of the airport runway. • Is a highway with specific characteristics. • Is occurring at an airport. The proposed project includes construction of a three -level office building with a maximum height of 47 feet 10 inches -50 feet. The project site is approximately 49-2-feet above mean sea level (A ES Due ,,:1:,.,.nee 2004 Therefore the proposed project would not exceed the height restrictions set forth by the FAA. : «L. 01_1_1_.«:... :7;.1 ' 4thA t A R 140981..... the PFE1..8 S@d PF8j....« V001_1114 Iq St 148 PARFA thRI. —OO f of RhR o ..f,.URE1 lo, of ....,4 ..,.t M-Ofo flIRB _206 f of Rhe o ...o.... moo.. 201 m. the proposed pFajeet is fiat ,. highway; and the p..,...,.sed proj,.,.t :1_ not a .,.a:f:,... «:,.., t,. as ,. n... .f . Bf FI h F,..... '^ Preliminary analysis has suggested that the proposed project does not meet the criteria for FAA requirements to file Form 7460 -1. However, the project site could be located in an instrument approach area; and therefore the FAA may request the filing of Form 7460 -1 prior to construction. If it is determined the form is required, the applicant would submit the forms as a condition of approval of the project. The City and /or applicant would file a notice of Proposed Construction or Alteration with FAA (FAA Form 7460 -1) in accordance with Federal Aviation Regulation (FAR) Part 77. Furthermore, a PRES Office Building B August 2010 4 -8 Initial Study /Mitigated Negative Declaration ICF J85008]3.09 City of Newport Beach Chapter 4. Errata to the Draft IS /MIND referral by the City to the Airport Land Use Commission for Consistency Review is required due to the location of the proposal within the AELUP Planning Area and due to the nature of the required City approvals (i.e. general plan amendment) under PUC Section 21676(b). The proposed project would comply and be compatible with the land use standards established in the City's Municipal Code and the Airport Land use Commission's John Wayne AELUP (Airport Land Use Commission 2008). The AELUP vicinity height guidelines would protect public safety, health, and welfare by ensuring that aircraft could fly safely in the airspace around the airport. Although the proposed project is located within an airport land use plan, it would comply with all established standards, requirements, and plans. Therefore, impacts would be less than significant. IX. Hydrology and Water Quality, Pages 3 -39 to 3 -42 Discussion Would the project: a. Violate any water quality standards or waste discharge requirements? Less - than - Significant Impact with Mitigation Incorporated. Land within the City of Newport Beach is included in four watersheds: Newport Bay, Newport Coast, Talbert, and San Diego Creek (City of Newport Beach 2006a). Each of these watersheds is under the jurisdiction of the Santa Ana Regional Water Quality Control Board (SARWQCB) and subject to the objectives, water quality standards, and BMP requirements established in the Santa Ana River Basin Plan and Orange County Drainage Area Management Plan (DAMP). The project site is located in the San Diego Creek Watershed. San Diego Creek is the main tributary to Newport Bay, has a drainage area of 118 miles, and drains all or portions of the cities of Irvine, Laguna Woods, Lake Forest, portions of Newport Beach, Orange, and Tustin (City of Newport Beach 2003). The EPA and Santa Ana Regional Water Control Board have identified San Diego Creek as an impaired water body. Impairments are identified for nutrients, sediments and toxics (see Appendix B, Preliminary WQMP). The main tributary of the San Diego Creek Watershed, San Diego Creek, drains directly into Upper Newport Bay (City of Newport Beach 2006b). The National Pollutant Discharge Elimination System ( NPDES) stormwater program was established under the Clean Water Act (EPA 2010). It is a two - phased national program for addressing the non - agricultural sources of stormwater discharges that adversely affect the quality of receiving waters (EPA 2010). The program uses the NPDES permitting mechanism to require the implementation of controls designed to prevent harmful pollutants from being washed by stormwater runoff into local receiving waters (EPA 2010). Under the provisions of City of Newport Beach Municipal Code Chapter 14.36 (Water Quality), any discharge that would result in or contribute to degradation of water quality via stormwater runoff is prohibited. New development or PRES Office Building B August 2010 4 -9 Initial Study /Mitigated Negative Declaration ICF J85008]3.09 City of Newport Beach Chapter 4. Errata to the Draft IS /MIND redevelopment projects are required to comply with provisions set forth in the DAMP, including the implementation of appropriate BMPs identified in the DAMP, to control stormwater runoff so as to prevent any deterioration of water quality that would impair subsequent or competing beneficial uses of water (City of Newport Beach 2006a). The City is a co- permittee for the NPDES Permit from the Santa Ana Regional Water Quality Control Board (SARWOB). The City's permit regulates the amount of stormwater contaminants delivered into the City's waterways via the roads, gutters, storm drain systems, and other impervious surfaces. These impervious surfaces collectively are called municipal separate storm sewer system 7.1..tiRfl l n,.li.. R14 n:,.,.1..,fge L7:.«: «.,t: R e... ...., ( NPDES) t.. «egk*l..t., thO ,.f ..t...........to� ,.,. «t.....: «.. «tom t"..t .. p, ,lolil erect : «t,. t"o City's ..to........ The perrnit,- requires an aggressive water quality ordinance, specific municipal practices to maintain City facilities like the MS4, and use of BMPs in many residential, commercial, and development - related activities to further reduce the amount of contaminants in urban runoff (City of Newport Beach 2006b). Specifically, the City is required to do the following: • Control contaminants into storm drain systems. ,, • Educate the public about stormwater impacts. • Detect and eliminate illicit discharges. • Control runoff from construction sites. • Implement BMPs and other site - specific runoff controls and treatments for new development and redevelopment. • Prevent pollution from municipal operations, including fixed facilities and field activities. • Inspect industrial and commercial sites for compliance with NPDES regulations (City of Newport Beach 2006b). Therefore, the Citv is responsible for regulating discharges into the MS4s dorm the construction and operation of projects. Two implementing tools regularly applied to projects within the City to comply with the requirements of the NPDES permit are the Stormwater Pollution Prevention Plan ( SWPPP) and the Water Quality Management Plan (WOMP). SWPPPs are not only required under the NPDES program, but are required to comply with the General Construction Activity Stormwater Permit adopted by the SARWQCB. Construction activity resulting in a land disturbance of 1 acre or more, or less than 1 acre but part of a larger common plan of development or sale, must obtain the Construction Activities Storm Water General Permit (2009 - 0009 -DWQ Permit effective July 2010) (State Water Resources Control Board 2010a). The Construction General Permit requires the development and implementation of a stormwater pollution prevention plan ( SWPPP). The SWPPP must list BMPs that the discharger will use to protect storm water runoff and the placement of those BMPs. Additionally, the SWPPP must contain a PRES Office Building B August 2010 4 -10 Initial Study /Mitigated Negative Declaration ICF J85008]3.09 City of Newport Beach Chapter 4. Errata to the Draft IS /MIND visual monitoring program, a chemical monitoring program for "non- visible" pollutants to be implemented if there is a failure of BMPs, and a sediment monitoring plan if the site discharges directly to a water body listed on the 303(d) list for sediment (State Water Resources Control Board 2010b). The requirements of the SWPPP are based on the construction design specifications detailed in the final design plans of the proposed prroiect and the hydrology and geology of the site expected to be encountered during construction. These final plans are reviewed and approved by the City prior to the issuance of rgrading permits. This allows the City to review the plans and require appropriate additional requirements under the SWPPP prior to re adin¢ and in compliance with the City's NPDES permit (as described above). The proposed building footprint is approximately 3;599 6 500 square feet; therefore, the amount of disturbed area during construction would be less than 1 acre and would not be part of a larger common plan of development or sale. Consequently, construction of the proposed project would not require the preparation or implementation of a formal SWPPP. However, since the project site is adjacent to a retarding basin, and is located in the San Diego Creek Watershed, which is impaired for sedimentation, Mitigation Measure WQ -1 is incorporated. Mitigation Measure WQ -1 lists BMPs that could be included in the SWPPP, but are not limited to those specific BMPs. The SWPPP will ultimately list the final design, project- specific BMPs the discharger will use to limit runoff and protect water quality during construction. All BMPs and other requirements in the SWPPP are enforced by City code inspectors, as required under the NPDES permit described above. The SWPPP is specifically designed to avoid and/or minimize impacts on water quality. It is the standard Practice to require SWPPPs, and not specify the detailed BMPs until final design, as required by the General Construction Activity Stormwater Permit adopted by the SARWOCB. Furthermore, the SWPPP and BMPs included in the SWPPP are proven as effective measures to avoid and/or minimize impacts to water quality through the standard practices of enforcement and use by the City and SARWOB. The preparation of a SWPPP would comply with the General Construction Activity Stormwater Permit and the NPDES program. Therefore, Mitigation Measure W -I as described below would minimize the potential for construction activities to violate water quality standards or waste discharge requirements, and would reduce impacts to less- than - significant levels. The existing site consists of mostly impermeable surfaces. However, the proposed project would remove landscaped area, which would be replaced with surface parking and the proposed office building; therefore, slightly increasing the impermeable surface of the project site (see Appendix B for additional details). The Pfelimin....., Wat F r unlit.. M..nagemew Plan iu,nnnn.would Le revio ed and approved by tl.o Cit. ....ioF to the :......anee ..F....ading and buildin.. B) identifies the f Iiewi«.. BOB stpuetur 1 Qnno.. that gre ..o.....,.. londed to «..,Rage PRES Office Building B August 2010 4 -11 Initial Study /Mitigated Negative Declaration ICF J85008]3.09 City of Newport Beach Chapter 4. Errata to the Draft IS /MIND ■ rc area landscape management, i aeludin r c Ft:x:mo_ pc aoioia c .e:. Management Guidelines S for the Use FeAilizeFS usage eensistent with Spill Gontifigeney .. f PF011iha tho ,J:..61aFg0 plan. litt,.r e6 fit «..1 Of f0l4 l :. erl. JWSti,.:.Jo.. of pe ..«A WaSto.. W StFOOtS OF steifr drains- f «.44:4:t 1918'041g BF SIA'00pifig B f El.4:.. iRtR ,. FPAt OF ,.t RF4:A ,L..1.,,. We�ibis hosing down any paved sLiFfaees where the result would be the f PF011iha , ohiele washing m into......,.o ..ate by o.. ple ees .. the p.,41:,, The Preliminary WQMP (Appendix B) identifies additional BMPs to control the volume of stormwater generated and maintain water quality. The BMPs in the Preliminary WOMP include, but are not limited to: several nonstructural source control BMPs (e.g., activity restrictions, landscape management, etc), several structural BMPs (e.g., stormdrain signage, trash and waste storage, etc.), several site design BMPs (e.g., runoff volume reduction, etc.), and several treatment control BMPs (e.g., Filterra Roof Drain Planter) in order to maintain water quality. These various BMPs would control the pollutants of concern for the proposed project, which include: bacteria and viruses, heavy metals, pesticides, organic compounds, and sediment. 'Phpss BMns inpl ds h.a are not limited t Pavement detention th..augh the use of pefou pavement, 1....,J.., ape detention (seeFigure 1 o f 2 in A.,.,eadix B for the 1eeation o f all the BTABs ...-,......sed) wcc Figure � of z vx v i.ppaxv�a n xc�x xac xocvava� of vxv vxv vxaxx ��xcyoacv�. These Additional BMPs are designed to retain and infiltrate stormwater to provide water quality benefits and reduce urban storm flow runoff during operation of the proposed project. Currentiv. stormwater runoff generated by the Droiect site (e.g.. narking lot) and the surrounding tributary area (e.g., remaining parking lot) are collected via sheet flow and discharged into an existing stormwater drain at the entrance of the parking lot adiacent to the narking ticket booth. This is then discharged into the existing 48 inch stormwater drain and routed to the manhole and concrete weir wall. The volumes generated by the eject site during low -flow events are routed to the stormdrain within Von Karman Avenue and are not discharged into the retarding basin. This existing stonnwater infrastructure would remain the same under the proposed project. Currently, a portion of the existing landscaped area on the project site flows unrestricted into the retarding e asin. PRES Office Building B August 2010 4 -12 Initial Study /Mitigated Negative Declaration ICF J85008]3.09 City of Newport Beach Chapter 4. Errata to the Draft IS /MIND The protection of water quality is related to the land use generating the stonnwater and to the volume stonnwater flow generated under storm events. A preliminM hydrology report was prepared to evaluate the change between the existing and proposed proiect conditions regarding stonnwater capacity and the change in existing and proposed proiect conditions regarding water quality (see Appendix H). The preliminary vdrology report used criteria established by the County of Orange in the Technical Guidance Document for the Preparation of Conceptual/Preliminary and /or Project Water Quality Management Plans (2010). The County of Orange requires that new development perform a hydrologic conditions of concern WOO assessment and incorporate BMPS to ensure any HCOCs created by the new development are mitigated (County of Orange 2010). An HCOC exists when the hydrologic regime of a site is altered or may be altered, and there is a potential for impacts on downstream channels alone or in conjunction with impacts of other projects (County of Orange 2010). The County of Orange technical document specifically defines HCOCs if the followhig conditions exist: • post development run off volume for the 2 -year, 24 -hour storm event exceeds that of pre - development conditions by more than 5 percent: or • time of concentration' of post development runoff for the 2 -year, 24 -hour storm event is less than the time of concentration of the pre - development condition by more than 5 percent. (County of Orange 2010). If these conditions do not exist post - development, then an HCOC does not exist and does not need to be considered further (County of Orange 2010). The 2 -, 10 -, and 100 -year storm event hydraulic calculations for the existing conditions and proposed proiect conditions were performed using software written per the Orange County Flood Control District Hydrology Manual (1986). The existing conditions (proiect site plus the surrounding parking lot) and the proposed proiect conditions (proiect site with proposed proiect plus the surrounding parking lot) are included in Table 3 -6.14 below. As shown, the difference between the two is negligible and the peak flow under proposed proiect conditions is nearly identical to existing conditions. See Drawing 1 of 2 and Drawing 2 of 2 of Appendix H, which depict the existing and proposed proiect peak flows on a proiect area map. 3 Time of concentration is generally defined as the length of time it takes from stonnwater runoff to travel from the highest point on the project site to the lowest point. 4 Existing tables have not been renumbered as part of Chapter 4 Errata. If a new table is included in Chapter 4 it is mmribered to indicate the Table that would occur before it in Chapter 3. Therefore, Table 3 -6.1 would occur after Table 3.6 in Chapter 3, but before Table 3 -7. PRES Office Building B August 2010 4 -13 Initial Study /Mitigated Negative Declaration ICF J85008]3.09 City of Newport Beach Table 3 -6.1. Chanae between Existina and Proposed Flow Rates Chapter 4. Errata to the Draft IS /MIND Storm Event Existing Conditions Flow Rate (Cubic Feet Per Secondl Proposed Project Flow Rate (Cubic Feet Per Second) Difference Q2 1.11 1.17 0.06 010 2.05 2.14 0.09 0100 3.18 3.32 0.14 Westland Group 2010. Based on these flow rates, the proposed proiect would generate approximately 79 cubic feet of additional stormwater runoff during a 2 -year stonn event, when compared to existing conditions (Appendix H). Appendix H calculates the change in the time of concentration between the pre- and post - development under 22-year and 10 -year stone event conditions by dividing the pre - development time of concentration by the difference between the time of concentration pre- and post- development. A 2 -year storm event has a difference in the time of concentration of 1.76 percent and a 10 -year storm event has a difference in the time of concentration of 1.03 percent between pre- and post - development. Since both of these are less than 5 percent, an HCOC would not result as part of the proposed project per the County of Orange Technical Guidance Document discussed above. Similarly, the stonn volume difference before and after development for 2 -year and 10 -year frequencies is less than 2 percent. Therefore, the proposed project meets the County of Orange criteria for control of stormwater runoff, and an HCOC would not occur. However, the Final WOMP wilt include a BMP such as the Cultec Model PAC 150 to reduce the peak flow generated during a 100 -year storm event. This type of BMP could store 24.91 cubic feet of stonnwater and would prevent stonmwater generated by the proposed project from overflowing the existing weir wall. Furthennore, since the cubic feet generated b the he 2 -year and 10 -year storm events are less than the cubic feet of stormwater generated by the 100 -year storm event, volumes generated by those smaller storm events would not create an HCOC and would be contained by the BMP. Filterra Bioretention Systems are proposed for this site and are included in the Preliminary WOMP and would be included in the Final WOMP methods to maintain existing water quality. Specifically, there would be two locations for the Filterra systems: one at the northeast side of the building to maintain rooftop stormwater runoff water quality (Filtera roof drain) and one in the parking lot at the southwest corner of the building to maintain parking lot water quality (Filtera catch basin). The Filtera Bioretention System is a City of Newport Beach accepted and approved BMP to maintain water quality. It is also Technology Assessment Protocol for Ecology (TAPE) and Technology Acceptance Reciprocity Partnership (TARP) approved. As discussed in Appendix B, the Filtera Bioretention System utilizes physical, chemical, and biological mechanisms of soil, plant, and microbe complex to remove pollutants typically found in urban stormwater runoff (e.g., bacteria and vinises, heavy metals, pesticides, organic compounds, and sediments). Appendix H includes a letter of confirmation from the manufacturer of the Filtera Bioretention System that the PRES Office Building B August 2010 4 -14 Initial Study /Mitigated Negative Declaration ICF J85008]3.09 City of Newport Beach Chapter 4. Errata to the Draft IS /MIND flows and cubic feet of stormwater generated by the proposed project and cited above would be fully contained by two Filtera Bioretention Systems of 6.5 feet by 4 feet for the roof drain and 6.5 feet by 4 feet for the parking lot. Therefore, the entire stonnwater volume and flow generated by the proposed proiect site would be fully treated by the Filtera Bioretention System prior to discharge into the existing stormwater system of the City of Newport Beach. The Filtera Bioretention System would be sized appropriately to deal with the flows generated by the proposed project site and would treat the runoff of the site. Therefore, operation of the proposed project would comply with City of Newport Beach Municipal Code 14.36 (Water Quality) and provisions set forth in the City's NPDES MS4 Permit and the Orange County DAMP by preparing the Final WQMP. The Final WQMP, which is required for approval as part of the issuance of building and grading permits, will demonstrate that the BMPs discussed above and in Appendix B and Appendix H will control stormwater runoff and maintain water quality. Therefore, operational impacts would be less than significant. c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner that would result in substantial erosion or siltation on site or offsite? Less - than - Significant Impact. The existing project area is in the San Diego Creek Watershed. The existing landscaped areas surrounding and located on the project site drain predominately into the retarding basin to the northwest of the project site (TGR Geotechnical, Inc. 2008) (Appendix B). The existing parking areas drain via sheet flow to concrete ribbon gutter within the existing parking lot. Stormwater generally travels westerly along the gutter and is discharged into an existing catchment basin in the southwest corner located in the main entrance into the project site, along the west side of the site (Appendix B). No streams or rivers are currently located on or around the project site and the proposed project would not directly affect the flow of a river or stream. The proposed project would involve some grading and minor soil disturbance during construction. These activities would minimally alter the existing drainage pattern of the site and would comply with the DAMP (described above in Section IX(a), Hydrology and Water Quality). Once operational, the proposed project would not substantially increase the impervious area on the project site as the existing site is already largely paved with surface parking. Furthermore, operation of the proposed project would not significantly increase the amount of exposed soil thereby contributing to siltation or erosion. The Preliminary WQMP (Appendix B) provides BMPs such as pavament detention, landscape detention, efficient irrigation, runoff - minimizing landscaping, and a roof drainage planter to control the volume and quality of runoff generated by the slight increase in impervious surface on site. As described in the Preliminary WQMP (Appendix B) and the Preliminary Hydrology Report (Appendix H), flow would continue to drain in a westerly direction into the existing catchment basin. Therefore, the operation of the project site as an office building would not result in a substantial change to the PRES Office Building B August 2010 4 -15 Initial Study /Mitigated Negative Declaration ICF J85008]3.09 City of Newport Beach Chapter 4. Errata to the Draft IS /MIND existing drainage. Impacts associated with erosion during operation and construction, either on site or off site would be less than significant. d. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner that would result in ,flooding on site or off site? Less - than - Significant Impact with Mitigation Incorporated. No streams or rivers are located on site, and therefore, construction and operation of the proposed project would not directly affect the flow of a river or stream. Substantial amounts of stormwater are not readily absorbed into the soil because of the urban character of the area and the existing use of the project site is-j84 surface parking spaces). During construction, runoff quantities and velocity from the project site would be minimized through implementation of Mitigation Measure WQ -1. As discussed above in Section IX(a) and (c), operation of the proposed project would not substantially alter the existing drainage pattern of the site and would not substantially increase the impervious area on the project site. As discussed above in Section IX(a) and (c), BMPs would be used e ••---° These BMPs afe i- eltidea to improve treatment and storage capacity for the proposed project, which is an improvement over the existing site conditions. Any changes in hydrology are designed to retain and infiltrate stormwater to provide water quality benefits and reduce urban storm flow runoff, providing partial flood relief to receiving waters. Furthermore, peak flows are generally the same under the existing conditions as the proposed project conditions. The proposed project would not substantially alter the existing drainage pattern of the project site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner that would result in flooding on site or off site. Impacts would be less than significant with mitigation incorporated. d. Create or contribute runoff water that would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? Less - than - Significant Impact with Mitigation Incorporated. Overall, urban street flooding is rarely considered a problem in the City of Newport Beach (City of Newport Beach 2003). As described above in Section IX(d), the urban character of the area and the existing use of the project site as 84 stalls of surface parking would not allow stormwater to be readily absorbed into the soil. The proposed project would not substantially alter the existing drainage pattern of the site and would not substantially increase the impervious area as discussed in Section IX(a), (c), and (d) above. The Koll Center Newport retarding basin is located adjacent to the project site. Koll Center Newport Planned Community maintains the retarding basin (Tong pers. comm. a). The purpose of the retarding basin is to reduce the flow rate within the respective downstream storm drain systems so that older, possibly PRES Office Building B August 2010 4 -16 Initial Study /Mitigated Negative Declaration ICF J85008]3.09 City of Newport Beach Chapter 4. Errata to the Draft IS /MIND undersized downstream facilities will be able to carry the discharge from new development areas upstream (City of Newport Beach 2000). The existing stormwater infrastructure is designed to first discharge volumes into the existing stormwater drain in Von Karman Avenue generated by low -flow storm events and then discharge volumes into the retarding basin generated by high -flow storm events. Stormwater volumes are conveyed via a subterranean 48 inch stormdrain, which transverses the existing parking lot of the PRES building in a northerly direction, to an existing subterranean manhole approximately 14 feet from the edge of the retarding basin (see Figure 2 -5 of Chapter 2 of the Draft IS /MND and Appendix H). There is a concrete weir wall inside the manhole. The weir wall regulates the volume of stormwater that is generated by the surrounding tributary area of the Koll Center and enters the retarding basin. The existing stormwater infrastructure is desisted so that flows from lower frequency storms with lower runoff volumes, such as 2 -year and 10 -year storm events, are deflected by the weir wall and forced to flow in a northwesterly direction toward the City's public system in Von Karman Avenue. Stormwater volumes generated from upstream and the surrounding Kell Center that would overtop the weir wall and enter the retarding basin would come from large storm events (e.g., 100 -year storm events). As discussed in Section Wa), the difference between the existing flow rate and the proposed project flow rate is neglilzible, and the peak flow under proposed proiect conditions is nearly identical to existing conditions. Therefore, as discussed above, an HCOC would not result as part of the proposed project per the County of Orange Technical Guidance Document. Similarly, the storm volume difference before and after development for 2 -year and 10 -year storm frequencies is less than 2 percent. Therefore, the proposed project meets the County of Orange criteria established in the technical guidance document for control of stormwater runoff, and an HCOC would not occur. However, the Final WOMP will include a BMP such as the Cultec Model PAC 150 to reduce the peak flow generated during a 100 -year storm event. This type of BMP could store 24.91 cubic feet of stormwater and would prevent stormwater generated by the proposed project from overflowing the existing weir wall. Furthermore, since the cubic feet generated by the 2 -year and 10 -year stone events are less than the cubic feet of stormwater venerated by the 100 -year storm event, volumes generated by those smaller storm events would not create an HCOC and would be contained by the BMP. Thus, the project design would not funnel water into the retarding basin; all flows from the proposed project would flow toward the existing parking lot and would be contained by the capacity of the existing stormwater infrastructure. .. «,J:..g bass,.. th..Fe ..n 'Oela nat into .4.FA-01414 the ab:l:t. , of the bass. The proposed project would comply with the policies outlined in the General Plan to minimize runoff - related flooding impacts. These policies include NR 3.11, NR 3.20 and NR 4.4 and implementation would reduce the volume of runoff generated and potential for flooding. The Preliminary WQMP (Appendix B) for the proposed project discusses operational BMPs, inspection and maintenance of catch basins, and design of drainage facilities to minimize adverse effects on water quality. Stormwater drainage flows from the proposed PRES Office Building B August 2010 4 -17 Initial Study /Mitigated Negative Declaration ICF J8500873.09 City of Newport Beach Chapter 4. Errata to the Draft IS /MIND project would be accommodated by the capacity of the existing catchment basin (Tong. pers. comm. b). Furthermore, as discussed in Section IX(a), Filterra Bioretention Systems are proposed for this site and are included in the Preliminary WQMP and would be included in the Final WQMP as a method to maintain existing water quality. Appendix H includes a letter of confirmation from the manufacturer of the Filtera Bioretention System that the flows and cubic feet of stormwater generated by the proposed prroiect and cited above would be fully contained by two Filtera Bioretention Systems of 6.5 feet by 4 feet for the roof drain and 6.5 feet by 4 feet for the parking lot. Therefore, the entire stormwater volume and flow generated by the proposed project site would be fully treated by the Filtera Bioretention System prior to discharge into the existing stormwater system of the City of Newport Beach. The Filtera Bioretention System would be sized appropriately to deal with the flows generated by the proposed project site and would treat the runoff of the site. The Final WQMP would be reviewed and approved by the City prior to the issuance of grading permits. At that time it would be finalized and would demonstrate that the BMPs discussed in the Preliminary WQMP and the Preliminary Hydrology Report will control stormwater runoff and maintain water quality. Furthermore, with the incorporation of Mitigation Measure WQ -1, the proposed project would not provide substantial additional sources of polluted runoff during construction. Increased runoff would not exceed the capacity of existing storm drain systems or generate polluted runoff. Therefore, impacts on stormwater would be less than significant with mitigation incorporated. XII. Noise, Page 3 -53 e. For a project located within an airport land use land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? Less -than- Significant Impact. The project site is located approximately 0.5 mile from John Wayne Airport. Figure N2 of the City of Newport Beach General Plan shows the existing 65 dBA CNEL noise contour for John Wayne Airport. Figure N2 shows that the project site is located approximately 0.25 to 0.5 mile outside the 65 dBA CNEL noise contour for John Wayne Airport (City of Newport Beach 2006a). Figure N2, "Existing Noise Contours," of the City of Newport Beach General Plan shows that the proposed roject is located within the 60 CNEL noise contour of the AELUP Noise Contours. Per Table 1, "Airport Land Use Commission for Orange County Airport Environs Land Use Plan Limitations on Land Use Due to Noise (Applicable to Aircraft Noise Sources)." of the AELUP, commercial land use categories such as retail and office, which experience a CNEL of less than 65 dB, are considered "normally consistent." Furthermore, normally consistent land uses, such as office land uses within the 60 dB contour, are allowed to use conventional construction methods, and no special noise reduction requirements are needed. PRES Office Building B August 2010 4 -18 Initial Study /Mitigated Negative Declaration ICF J85008]3.09 City of Newport Beach Chapter 4. Errata to the Draft IS /MIND The AELUP identifies noise impacts zones and recommends measures to reduce aircraft noise on certain land uses. A Moderate Noise Impact is identified as 60 dB CNEL or greater, but less than 65 dB CNEL, and is included in Noise Impact Zone "2" of the AELUP. The AELUP specifically identifies residential land units in this zone and requires sound attenuation as set forth in the California Code of insulation Standards. Title 25, California Code of Regulations for residential units. The AELUP text does not identify commercial retail or office land uses as requiring sound attenuation. Since the proposed project does not include residential units and is within the 60 dB CNEL contour, it is normally consistent with the airport and is not required to provide sound attenuation. Therefore, noise impacts related to air traffic would be less than significant. XIV. Public Services, Pages 3 -56 to 3 -57 Discussion Would the project result in substantial adverse physical impacts associated with: al. Fire protection? Less -than- Significant Impact. As discussed in Section X111, "Population and Housing," employees that would work at the site would likely reside in the Orange County area. Because the type of business would be related to real estate services, unique qualifications are eg nerally not required and would not result in the need to recruit people from out of the state or the region. Therefore, the Proposed project would not result in growth- inducing effects because the population of Newport Beach or Orange County would not increase, and there would be no additional demand for fire protection and emergency medical services. Implementation of the proposed project could potentially contribute additional demand for fire protection and emergency medical services, including possible additional demand on and use of fire equipment and medical supplies at the prolect site. However, the additional 53 ,......i .................. I.:..,. c_,..,.. 11 ...- The project site is located in the City of Newport Beach Fire Department service area. There are eight fire stations strategically located throughout the City so that a fire unit can respond to residents and businesses in less than 5 minutes. The City of Newport Beach Fire Department is considered an all -risk Fire Department and provides services for all types of emergencies (City of Newport Beach 2009b). The project site is served by the nearest fire station, Santa Ana Heights Fire Station #7, which is located at 20401 Southwest Acacia Street at the intersection of Southwest Acacia Street and Mesa Drive, approximately 1.9 miles to the southwest of the project site. The Fire Department reviewed the proposed project's site plans and project description on March 26 and June 2, 2010. The Fire Department reviewed the PRES Office Building B August 2010 4 -19 Initial Study /Mitigated Negative Declaration ICF J85008]3.09 City of Newport Beach Chapter 4. Errata to the Draft IS /MIND proposed project for consistency with the California Fire Code, including the size and location of the building, occupancy safety, fire hydrant necessity, and fire truck and emergency access. Therefore. Tthe proposed project would include all necessary fire protection devices, including fire sprinklers, and would be required to comply with all Building and Fire Codes adopted by the City, including compliance with applicable water pressure and fire equipment regulations. Emergency vehicle access for the proposed project would be provided to the project site from Von Karman Avenue. —The proposed project would be within the current capacity of the Newport Beach Fire Department and would not create the need for any new facilities or personnel (Bunting pers. comm.). Impacts would be less than significant. a2. Police protection? Less -than- Significant Impact. As discussed above and in Section X1I1, "Population and Housing," employees that would work at the site would likely reside in the Orange County area; therefore, the project would not result in growth- inducing effects because the population of Newport Beach or Orange County would not increase, and there would be no additional demand for police protection services within the City of Newport Beach. The Newport Beach Police Department would provide police protection services for the proposed project. The Police Department is located at 870 Santa Barbara Drive, at the intersection of Jamboree Road and Santa Barbara, approximately 3.5 miles from the project site. The project site is located in Newport Beach Police Department Area 2 (Newport Beach Police Department 2010). The Newport Beach Police Department confirmed that, if constructed, the proposed project would not change their current operating practices (Hartford pers. comm.). Furthermore, based on the personal communication correspondence, even if employees came from other cities in Orange County, the police department would be able to accommodate the increase in professional office employees. As dise..ssed above in o,.,...,.nse vA (al although the ..«epe J projeet mould iner ase the ..epulation at the « -eject site L,........ra*ifnately 53 Pegai4meat. Additionally, the department is currently patrolling the project site and surrounding areas. Therefore, the proposed project would not require new or additional police facilities. Impacts would be less than significant. XVI. Transportation and Traffic, Pages 3 -59 to 3 -63, a. Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non - motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? PRES Office Building B August 2010 4 -20 Initial Study /Mitigated Negative Declaration ICF J85008]3.09 City of Newport Beach Chapter 4. Errata to the Draft IS /MIND In 2009 as part of the Draft Environmental Impact Report for the City Hall and Park Development Plan, existing conditions of roads and intersections around the project site were determined (LSA 2009). They are described in Appendix E. As described in Chapter 2, "Proiect Description," of the Draft IS /MND, the construction staging area would be located along the southwest property line adiacent to the Conexam property. Access from the project site to the office buildings to the east may be temporarily unavailable during construction, but employees and visitors to these offices could use the other access road off Von Karmen Avenue. Furthermore, since construction would last approximately 8 months, employees and visitors to these offices would use the other access road off Von Karmen Avenue during construction time, after which normal access would be restored. Therefore, impacts associated with circulation due to construction staging would be less than significant. During construction, the maximum daily trips would depend on the number of truck trips received in a day and the number of employees at the construction site. Furthermore, no more than 15 construction workers would be at the construction site at one time. Table 3 -12 below provides the estimated daily roundtrip truck trips and number of construction employees associated with each phase of construction. Table 3 -12. Estimated Truck Trips and Construction Employees Construction Phase Construction Activity Duration Worker Per (Days)' Day Construction Worker Roundtrips Per Day Roundtrip Truck Trips Per Phase Roundtrip Truck Trips Per Day Total Trips Per Day Demolition 6 6 12 20 3 15 Grading 24 6 12 40 2 14 Construction, 168 15 30 t2° 2 32 asphalting, and architectural finishing a Phase duration assumes a six-day construction work week. b There is overlap between the construction of the proposed project, asphalting, and architectural finishing. Twelve roundtrip truck trips would only occur during a 1 week (5 day) period of asphalting. d Numbers are rounded to nearest whole number. b. Conflict with an applicable congestion management program, including, but not limited to level of service standard and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? Less - than - Significant Impact. Within the defined Orange County Congestion Management Program highway network, intersections and freeway segments are not allowed to deteriorate to a condition worse than LOS E, or the base year LOS PRES Office Building B August 2010 4 -21 Initial Study /Mitigated Negative Declaration ICF J85008]3.09 City of Newport Beach Chapter 4. Errata to the Draft IS /MIND if it is worse than E (Orange County Transportation Authority 2007 and 200928(4). The following intersections are Congestion Management Program intersections within the vicinity of the proposed project: MacArthur Boulevard/Jamboree Road, I -405 northbound ramps /Jamboree Road, and I -405 southbound ramps /Jamboree Road. Table 3 -14 below summarizes the 20073 AM and PM peak hour LOS for these Congestion Management Program intersections. Table 3 -14. Peak Hour Level of Service for Congestion Management Program Intersections= Intersection 2007&AM Peak Hour LOS 20073 PM Peak Hour LOS MacArthur Boulevard/Jamboree Road C D € 1-405 northbound ramps /Jamboree Road C C I -405 southbound ramps /Jamboree Road. D C43� 1 Figure 5 page 2 of 3 "Orange County Congestion Management Program Level of Service 2009° in the Omnee County 2009 Congestion Management Program (Orange County Transportation Authority 2009) does not identify a deterioration of LOS at any of the intersections above. Two of the intersections (1 -405 northbound ramps /Jamboree Road and 1 -405 southbound ramps /Jamboree Road) are not within the iurisdiction of the City of Newport Beach, as they are located in the City of Irvine. All intersections in Table 3 -14 are operating at LOSE D or better. The 19 AM peak hour trips and 18 PM peak hour trips generated by the proposed project would be dispersed throughout the roadway system and would not affect any one CMP intersection at any one time. Therefore, the addition of the proposed project's 19 AM peak hour Lips and 18 PM peak hour trips would not downgrade the existing LOS at the intersections described above to LOS 13E or worse per the CMP LOS requirements, for these into ooti,.ns ligred hpV sen the G:.. Of NOWPOE4 12o...t. and the Git., of hwin.. FuFthe fmare the addition e f the PFE)POSed pFejeet's Dial hl.......OR D..e& .. «d the G it....F r«..:.... /C,... d :..........:..« ,.Fi (1Q :« SeetiOB VVV..\ a... W «,...F,........«,.,. 8f 118 ,.:..,...i.,ti,.« .,. „t,......). The proposed project was included in the cumulative projects list of the traffic study for the City Hall Draft Environmental Impact Report for the City Hall and Park Development Plan, which included other cumulative projects located within the City of Newport Beach and the City of Irvine (LSA 2009). Table 17 of the City Hall DEIR summarizes the cumulative analysis and identifies there would be no significant impacts at any of the studied intersections, which include the intersections identified above, in 2013 (LSA 2009). Furthermore, for all intersections shared by the City of Irvine and the City of Newport Beach a LOS of E is acceptable during AM and PM peak periods. Table 22 of the DEIR indicates the MacArthur Boulevard/Jamboree Road intersection would continue to operate at an acceptable level of service (LSA 2009). Finally, the Orange County Congestion Management Program (2007) Appendix B -2 identifies specific criteria for which projects are exempt. Any development applications PRES Office Building B August 2010 4 -22 Initial Study /Mitigated Negative Declaration ICF J&S OM73.09 City of Newport Beach Chapter 4. Errata to the Draft IS /MIND generating vehicular trips below the ADT threshold for CMP traffic analysis include any project generating less than 2,400 ADT total, or any project generating less than 1,600 ADT directly onto the CMP Highway System. The proposed project would generate approximately 132 trips per day, and thus would be below the criteria established by the Congestion Management Program. Therefore, the proposed project would not exceed, either individually or cumulatively, a LOS standard and impacts would be less than significant. c. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? Less- Than - Significant Impact. As described in Section VIII(e) Hazards and Hazardous Materials, the project site is located within the boundaries of the AELUP for John Wayne Airport. The proposed project would be within the height restriction zone for the John Wayne Airport and the notification area of the FAR Part 77 Imaginary Surfaces aeronautical obstruction area. The proposed project includes constructing one three -level office building with a maximum height of 47 30 feet 10 inches. The project site is approximately 492 feet above mean sea level. As discussed in Section VIII(e) the project site could be located in an instrument approach area; therefore, the FAA may request the filing of Form 7460 -1 prior to construction. If it is determined the form is required, the applicant would submit the forms as a condition of approval of the proiect. Therefore, the AELUP vicinity height guidelines would protect public safety, health, and welfare by ensuring that aircraft could fly safely in the airspace around the aimort. (A cc Due Dihe ne . 2004). The i3 ,...,.sed orejeet ,, o uld not high'..,... .,..a two .._OPE)Sed ..F0j06t is 110t ., ...,.a:r.,..,t:,... to (.N 0345t :..,..,:,-. aFt Therefore, the proposed project would not result in a change of air traffic patterns including either an increase in traffic levels or a change in location that would result in substantial safety risks. Impacts would be less than significant. Chapter 4. References County of Orange. 2004. General Plan. County of Orange. 2010. Exhibit 7.111 Technical Guidance Document for the Preparation of Conceptual/Preliminary and /or Project Water Quality Management Plans (WOMPs). Submitted to the Santa Ana Regional Water Quality Control Board May 24. Available at: htto: / /www.ocwatersheds.com/ Documents /TechnicaIGuidance.pdf Accessed on: July 27, 2010. PRES Office Building B August 2010 4 -23 Initial Study /Mitigated Negative Declaration ICF J85008]3.09 City of Newport Beach Chapter 4. Errata to the Draft IS /MIND Environmental Protection Agency (EPA). 2010. National Pollutant Discharge Elimination System (NPDES) Frequently Asked Questions. Available: < http: / /cfpub.epa.aov /npdes /fags.cfm >. Accessed: June 18, 2010. Heartford, Bill. Lt. Support Services Division of the City of Newport Beach Police Department. June 16, 2010 — Email. Orange County Flood Control Division. 1986. Orange Count} Hydrology Manual. Available at: < httl2:// www. ocflood. com/ Documents /pdf/OC_Hydrology_Manual.pdf> Accessed on: July 27, 2010. Orange County Transportation Authority. 2007. Orange County Congestion Management Program. Orange County Transportation Authority. 2009. Orange County Congestion Management Program. Available at: < htip : / /www.octa.net/pdf/emp09.12df> Accessed on: July 27, 2010. PRES Office Building B August 2010 4 -24 Initial Study /Mitigated Negative Declaration ICF J85008]3.09 Meessed: Alareh 25, 2010. PRES Office Building B August 2010 4 -24 Initial Study /Mitigated Negative Declaration ICF J85008]3.09 Appendix I Biological Memorandum II Biological Memorandum II Date: August 13, 2010 To: Nicole Williams, Project Manager From: Kurt F. Campbell, Senior Biologist Subject: Updated Evaluation of Potential Effects on Biological Resources Conducted for the PRES Office Building B General Plan and Planned Community Text Amendments This memorandum was prepared by ICF International (ICF) to supplement the June 28, 2010 Evaluation of Potential Effects on Biological Resources Conducted for the PRES Office Building B General Plan and Planned Community Text Amendments (Appendix G of the Final IS /MND). The project site and surroundings for the proposed project were previously evaluated by an ICF biologist, and comments have been received requesting additional consideration of potential impacts to biological resources including letters on June 7, 2010 and August 5, 2010 from Palmieri, Tyler, Weiner, Wilhelm, and Waldron, LLP. To address these comments an updated evaluation of such impacts was conducted. Specifically, the August 5, 2010 comment letter raised three biological resource issues (pp. 11 -13): (1) the ICF survey was not conducted at appropriate times, (2) omission of the study of other special- status species, and (3) foraging and flight path. This updated evaluation consisted of a review of relevant biological literature, data sources, and project- specific information, an evaluation of conditions and resources at and adjacent to the proposed project site, and an analysis of this resulting information in the context of the California Environmental Quality Act (CEQA). This memorandum summarizes methods, results, and findings for the additional evaluation. The project site consists of a single area that is approximately 0.15 acres. The proposed project consists of constructing a three - level, 11,960- square -foot, single- tenant office building at 4300 Von Karman Avenue in the Koll Center Newport Planned Community, within the City of Newport Beach, Orange County, California. This is within the area of the Tustin, California, 7.5- minute U.S. Geological Survey topographic quadrangle map (Tustin 1981; 10 -foot contour intervals). Literature Review A comprehensive review of potentially relevant species, natural communities, and biological functions was conducted as follows. Searches of the current California Natural Diversity Database ( CNDDB 2010) and California Native Plant Society online inventory (CNPS 2010) were completed to compile an initial list of wildlife, plants, and natural communities for review. The CNDDB search provided data results for eight USGS quadrangles centered on the Tustin, California quadrangle, or approximately 500 square miles surrounding the project site. These searches replace the earlier check of the CNDDB and cover a larger and more relevant geographical area than included in Appendix G. Based on the biologists' extensive knowledge of the region and checks of relevant literature (e.g., California Consortium of Herbaria 2010, CDFG 2008, Hamilton and Willick 1996, Lemm 2006, Roberts 2008, Shuford and Gardali 2008), other species and /or natural communities not in the CNDDB list were then added. This step is often necessary to ensure inclusion of poorly - reported or overlooked species, such as those for which special status is relatively recent or local. The resulting list of special - status species and natural communities is provided in Table 1 at the end of this letter. Finally, the context of the project site was examined at coarse scales using Google Earth (2010) online remote imagery, the relevant USGS 7.5- minute topographic quadrangle (cited above), and the current Thomas Brothers map book for Orange County (Rand McNally 2009). See the discussion below for application of this information in the evaluation. Field Visit A field visit was conducted by Kurt F. Campbell (credentials attached to this letter) on August 12, 2010. The project site was visited from 3:32 p.m. to 4:28 p.m. and the surrounding areas before and after that, for a total time of three hours. Initial conditions were 81 °F, 46% relative humidity, wind 0 to 4 miles per hour from south to east, 0% cloud cover, and good visibility. Upland ground surfaces were dry, there was no fog or precipitation during the visit, and end conditions were similar. The entire project site was surveyed on foot. Adjacent areas were also examined on foot to a distance of no less than 250 meters (about 820 feet), with no constraints encountered to visiting any relevant areas. The site location and boundaries were confirmed with map and project information provided before the visit by ICF staff and through follow -up discussion with staff after the visit. The project site consists of approximately 0.15 acres and is comprised of a paved parking lot and a smaller area of planted and maintained turf grass lawn and ornamental plantings, primarily American Sweet Gum (Liquidambar styracii lua) and Australian gum trees (Eucalyptus spp.). Areas adjacent to the project site consist of paved parking lots and parking structures, office buildings, additional ornamental plantings, paved roadways, a retention basin holding water at the time of the visit, temporary supply storage areas, fast food restaurants, and a small reflecting pool. No fallow, weedy, or remnant natural areas are present. Associated with the areas of standing water are Fragrant Waterlily (Nymphaea odorata), ornamental umbrella sedge (Cyperus sp.) and broad - leaved cat -tail (Typha latifolia). Ornamental plants in the area are varied and include American Sycamore (Platanus occidentalis), Black Locust (Robinia pseudoacacia), a cultivar of African fountain grass (Pennisetum setaceum), pampas grass (Cortaderia selloana) Natal plum (Anechites nerium), and Paper Flower (Bougainvillea glabra x B. spectabilis). Nearly all vegetation present is obviously planted and maintained; some species are also considered invasive weeds when in natural areas (Cal -[PC 2006, 2007). Exceptions to intentional presence include a few small weeds such as Spotted Sandmat (Chamaesyce maculato); the pampas grass may also be present as a weed as it is known to be highly invasive and was not obviously planted based on the presence of a few, isolated individuals. All non - ornamental plants and wildlife detected on the site or buffer area during either field visit are listed in Table 2. The plant community classification system followed is the Orange County Habitat Classification System (OCHCS) (1992). At both coarse and fine scales (i.e., down to a few square feet), no area of the project site supports natural communities or fallow areas that are either barren (e.g., bare dirt or rock) or dominated by volunteer, ruderal (disturbance- adapted) plants. The only portion of adjacent areas with fallow land or natural vegetation is a small extent of the retention basin dominated primarily by Broad - leaved Cattail (Typha latifolia). See Appendix G for figures depicting (1) parks and ornamental plantings (OCHCS code 15.5) and urban (OCHCS code 15.1), and (2) representative photographs of the site and adjacent areas. The project site itself contains 0.05 acres of parks and ornamental plantings and 0.10 acres of urban lands, totaling about 0.15 acres. The project site and adjacent areas are embedded within a long- standing urban area. The nearest open space is a regularly plowed, weedy field providing some level of open -space buffer for San Joaquin Marsh, a restored system of wetlands maintained by the Irvine Regional Water District on the far side of the fields. The space between the proposed site and the weedy field is roughly 275 meters (900 feet) to the southeast of the site across heavily - trafficked Jamboree Road, an active commercial strip, and paved parking lots. John Wayne Airport lies to the northwest several times as far away as the field, across high - density urban development. The airport has no fallow areas or natural communities, the closest facsimile being heavily maintained, very short -cut grassy or weedy areas among paved runways. Evaluation and Conclusions Special - status legal and regulatory categories vary in the degree to which they correlate with biological endangerment. Due to specific definitions and criteria, all species with the following types of special status were assumed to qualify as biologically rare, threatened or endangered under CEQA: (1) endangered, threatened, proposed endangered or threatened, or candidate under the federal or state Endangered Species Acts; (2) rare under the state Native Plant Protection Act; (3) state fully protected species and state species of special concern; and (4) on CNPS lists 1A, 1B, or 2. As a next step in the evaluation process, information on species in the list which lack any of the above types of status were analyzed with respect to whether the site has reasonable potential to be regionally important. Regional importance refers to situations where loss of even a small, isolated population or substantial portion thereof would be a potentially significant effect under CEQA because, for example, the population is an important outlier or connector geographically or available data suggests it is biologically unique. Species which lack the above types of special status and for which there is also no evidence of potential for regionally significant effects from the proposed project were then dropped from further review. Communities and special- status species remaining under review at this step were then evaluated for any reasonable potential to occur either within the project site or within a surrounding buffer of 250 meters (about 820 feet). For those with such potential, the evaluation then addressed whether there is any reasonable potential for the proposed project to have direct, indirect, or cumulative effects to those species or communities. Finally, the project site and surroundings were evaluated with regard to any special biological functions they may provide, such as buffering an adjacent natural area or being part of an important movement corridor or habitat linkage. As indicated under Literature Review, above, information used in the multi -step analysis was developed through a broad review of published and unpublished resources. This addressed relevant species' habitat requirements, current and historic distribution, population trajectories, relevant conservation issues, and both tolerances to and requirements for disturbance. Also incorporated was information provided by other biologists over time and developed through experience and knowledge of the biologist across several decades in the region. For evaluation of project effects the specific project design, existing project site, and site context at multiple scales were all considered. At all times, caution was applied where particular uncertainty of information was relevant. Timing of Field Surveys It is generally both unnecessary and infeasible to conduct daily biological fieldwork for project evaluation under CEQA for entire seasons or years. This is because conclusions are not only based on direct observation. The purpose of general biological fieldwork for CEQA is to gather sufficient information about the site for relevant judgments; direct observation or confirmation of absence for most potentially relevant species and issues is unnecessary. Multiple visits are normally unnecessary except where potential for a particular, focused issue is known or uncovered by the initial work and the particular issue must be addressed using special methods (e.g., wetland delineation or a multi- visit, protocol survey for a particular species). For example, determining the presence and condition of a particular natural community on or near a site may immediately clarify potential for an array of species dependent on that community. The current biological evaluation was competently conducted, complete, soundly- based, and found neither a need for further fieldwork nor any basis for a fair argument of a potentially significant impact to biological resources under CEQA. Special Status Species The omission of the study of other special- status species from Appendix G is in principle correct; the additional species mentioned in Exhibit A of the August 5, 2010 letter (letter from Mr. Paul Lehman) should have received explicit review previously. The commenter states that potential impacts must be disclosed. This has been done, however, where there are no impacts, no impacts are available for disclosure. Exhibit A suggests that many of the species mentioned have little chance of occurrence. No substantial evidence is presented by the commenter or Mr. Lehman that the proposed project may have any specific direct, indirect, or cumulative effects to biological resources on the site or surroundings, such as on the retarding basin. Regardless of this, the current review includes all species previously reviewed, all those mentioned by the commenter, and others. Few have any reasonable potential to occur on the project site even as rare visitors and most have no reasonable potential to occur even in the vicinity in that role (see Table 1). The few that might rarely occur would, like the retarding basin, be entirely unaffected by the proposed project. No fair argument is presented in Exhibit A of the letter based on substantial evidence that there is a reasonable potential for the proposed project to result in significant impacts to any of the species under CEQA. One factual error in the August 5th letter should be addressed. The commenter states that, "several species that are considered California Species of Special Concern and are listed on the California Department of Fish and Game's Special Animals List have been observed, and may be expected to occur, at the Project" This is incorrect. Exhibit A of the comment letter includes the statement that an Allen's Hummingbird (Selasphorus sasin) was observed near the project site; Exhibit A does not assert any special- status species have been detected on the project site. In addition, Allen's Hummingbird is not a Species of Special Concern. Finally, the reason this species is on the Special Animals list is due to apparent long -term declines in the subspecies occurring well north of the project site region, while the subspecies in the project region is in fact expanding its range. This example appears in keeping with other biological issues raised. Regardless of the low potential for stray observations of rare occurrences of species with minor special status, no relevant species have been detected or claimed at the project site. All relevant species are unlikely or less than reasonable and, beyond this, the proposed project has no reasonable potential to affect any such species even if they did, surprisingly, appear. Foraging and Flight Path At relatively fine scales of context, the project site is in an established, urban context with a high density of existing buildings, several of which are taller than the proposed project. Several of the existing structures have expansively smooth, mirrored surfaces (known to be of potential risk to flying birds), while the proposed project would have a broken - surfaced face in the direction of the retarding basin. During the fieldwork on and adjacent to the project site, a search was conducted for bird kills at the bases of the surrounding buildings. None were found, though quick removal by scavengers could explain this as well as simple absence of mortality, as crows and sign (scat and food leavings) of Black Rats ( Rattus rattus) were present and both species are known to scavenge bird strikes. No indication was seen that the retarding basin receives substantial use by birds. It is divided by a busy road, the water does not appear clean, no small fishes or amphibians were detected (a few large fish, perhaps Common Carp [Cyprinus carpio] were detected), and no staining, droppings, or other evidence of numbers of waterfowl were found at the basin's edge or in or below adjacent, taller trees. These factors and the specific context of surrounding human activity makes substantial use of the retarding basin by special- status birds appear very unlikely. For example, based on extensive experience with their occasional use of freshwater foraging, it appears highly unlikely that either Brown Pelicans (Pelecanus occidentalis) or Least Terns (Sternula antillarum) would be willing to visit the retarding basin except in very rare and unusual circumstances. No indications were detected of substantial or important movement through the project site and surrounding area by birds or other wildlife. Standing at varied points at and near the project site, no natural or obvious potential flight pathway incorporating the project site at relevant altitudes was detectable. A review of the site context at coarser scales using Google Earth, DSGS topographic maps, and the current Thomas Guide street map, suggest one reasonable flight path that might be important and cross over the site. This would be movement between San Joaquin Marsh southeast of the proposed project site and either Bolsa Chica Ecological Reserve or the Fairview Park /Talbert Regional Park / Costa Mesa Golf Course areas, both to the northwest of the project site. This is a flight distance of roughly six to 12 miles, quite reasonable for waterbirds to utilize in a daily routine such as moving between roosting to foraging areas. However, nearly all of the intervening space between those endpoints is urban. As mentioned above, the project site does not contrast with its urban surroundings with regard to potential flight paths. There are existing, adjacent buildings at varied heights and the project site does not present a gap or flight path through the area. Waterbirds moving between San Joaquin Marsh and the other natural areas are unlikely to fly low amongst buildings and parking lots; they generally make use of prevailing winds to fly along coastlines or high above wind obstructions for greater efficiency and safety. This well - established pattern in urban areas along southern California coastal areas has been observed by Mr. Campbell in particular on a number of professional projects over the years. This includes an ongoing study generating quantitative data on bird flights for a proposed wind turbine project along the Palos Verdes Peninsula. These flight patterns hold across seasons, across times of day, and across a broad array of waterbird groups. No fair argument is presented in Exhibit A based on substantial evidence that a reasonable potential exists that the proposed project would interrupt a substantial flight path or result in any detectable increase in bird mortality. Migrant landbirds generally migrate thousands of feet above the height of the proposed project and therefore would not be attracted to the site as a stopover or feeding area. The Draft IS /MND and Appendix G of the Final IS /MND included one mitigation measure, designed to allow the proposed project to avoid violation of the federal Migratory Bird Treaty Act (MBTA) and similar sections of the state Fish and Game Code. These laws protect nearly all native birds; MBTA for example currently covers more than 1000 species, many of which do not migrate. It should be clarified that, for the proposed project, the need for this mitigation measure under CEQA arises only to ensure consistency between the project's CEQA compliance and that for these other legal requirements. It is not needed to reduce potential CEQA impacts of the proposed project to a level of less than significant. This is due to the fact that the potential level of impacts to species covered under those laws from this proposed project would otherwise be extremely small in a CEQA context, limited to few or no individuals of a few very common species. While MBTA protects individual birds (of covered species) and affords no explicit protections to species per se, CEQA addresses the significance of impacts to species and populations at biologically meaningful (significant) scales. Summary of Conclusions Based on a comprehensive review of species, natural communities, and biological functions; findings from site examinations by two of ICF's biologists; and evaluation of potential project effects at multiple scales, ICF makes two determinations: (1) the proposed project has no reasonable potential to result in significant adverse effects on biological resources; and (2) there is no fair argument based on substantial evidence supporting the potential for any such effects. References California Consortium of Herbaria. 2010. Data provided by the participants of the Consortium of California Herbaria; accessed 11 August 2010 at http: / /ucieps.berkeley.edu /consortium /. California Department of Fish and Game, California Interagency Wildlife Task Group. 2008. California Wildlife Habitat Relationships System (CWHR), version 8.2 personal computer program. Sacramento, CA: California Department of Fish and Game. California Department of Fish and Game. 2010. California Natural Diversity Data Base (CNDDB). Sacramento, CA: Wildlife and Habitat Data Analysis Branch, California Dept. of Fish and Game. Element reports for the Tustin, California and immediately surrounding USGS 7.5- minute quadrangle maps. Data date: 11 August 2010. [Cal -IPC] California Invasive Plant Council. 2006. California Invasive Plant Inventory. Berkeley, CA: California Invasive Plant Council. Dated February 2006. Accessed at: www.cal - ipc.org. [Cal -IPC] California Invasive Plant Council. 2007. New Weeds Added to Cal -IPC Inventory. Berkeley, CA: California Invasive Plant Council. Dated February 2007. Accessed at: <http://www.cal-ipc.org/ip/inventory/pdf/WebUpdate2007.pdf> [CNPS] California Native Plant Society. 2008. Inventory of Rare and Endangered Plants, Online Edition. Sacramento, CA: California Native Plant Society. Accessed 11 August 2010 at hUp://www.cnps.org/invento . Google Earth. 2010. Google Earth imagery software program, version 5.2.1.1547. Mountain View, CA: Google Corporation. Imagery accessed 11 August 2010. Gray, J. and David Bramlet. 1992. Habitat Classification System Natural Resources Geographic Information System (GIS) Project. County of Orange Environmental Management Agency. Planning. Santa Ana, CA. Hamilton, R. A., and D. R. Willick. 1996. The Birds of Orange County: Status and Distribution. Irvine, CA: Sea and Sage Press. Lemm, J. M. 2006. Field Guide to Amphibians and Reptiles of the San Diego Region. Berkeley, CA: University of California Press. Rand McNally. 2009. The Thomas Guide: 2010 Orange County Street Guide. Chicago, IL: Thomas Brothers Maps, Rand McNally & Company. Roberts, Jr., F. M. 2008. The Vascular Plants of Orange County, California: An Annotated Checklist, 3rd ed. San Luis Rey, CA: F. M. Roberts Publications. Shuford, W. D., and T. Gardali, eds. 2008. California Bird Species of Special Concern. Studies of Western Birds No. 1. Camarillo, CA, and Sacramento, CA: Western Field Ornithologists and California Department of Fish and Game. Tustin. 1981. Tustin, California 7.5- minute topographic map. Reston, VA: U.S. Geological Survey. Color 1978, revised 1981, scale 1:24,000, 10 -foot elevation contours, datum NAD27. Table 1. Reviewed Special- Status Species and Natural Communities CNDDB Data Date = 2/28/2010 "Terms for Evaluated Potential CNPS accessed = 8/11/2010 LTR = Less than reasonable potential to *Legal Status Codes occur. There is no basis to conclude CNPS Status Codes that occurrence at this time, in the Federal 1A = Presumed extinct in California defined area, has any reasonable E = Endangered 1 B = Rare, threatened, or endangered in potential. T = Threatened California and elsewhere FP = Proposed for Endangered or 2 = Rare, threatened, or endangered in LOW = Low but reasonable potential. Threatened Califomia, but more common elsewhere Occurrence at this time, in the defined BGEPA = Bald and Golden Eagle 3 = More information needed area, appears unlikely but not less than Protection Act 4 = Limited distribution; Watch List reasonable. 0.1 = Seriously endangered in California State 0.2 = Fairly endangered in Califomia MOD = Moderate potential. There is E = Endangered 0.3 = Not very endangered in California some basis to anticipate occurrence in T = Threatened the defined area, but also substantial C = Candidate for listing as CNDDB = Tracked by CNDDB but currently uncertainty. Endangered or Threatened with no formal special status (e.g., federal R = Rare (Native Plant Protection Species of Concern, a category no longer NE = No potential effects and no Act only) evaluated); includes plant communities potential fair argument for adverse SC = Species of Special classified by CDFG as depleted or high effects under CEQA at either the level Concern priority for inventory of significance or the level of a FP = Fully Protected Species cumulatively considerable contribution to a regionally significant impact. Scientific and English Names Legal Status* Evaluated Potential ** F /S /CNPS On Site In Buffer Effects Abronia villosa var. aurita Chaparral Sand - verbena -/-/1B.1 LTR LTR NE Accipiter cooperi Cooper's Hawk CNDDB LOW LOW NE Accipiter striatus Sharp-shinned Hawk CNDDB LOW LOW NE Actinemys marmorata Westem Pond Turtle - /SC /- LTR LTR NE Agelaius tricolor Tricolored Blackbird - /SC /- LTR LOW NE Aimophila ruficeps canescens Southern California Rufous - crowned Sparrow CNDDB LTR LTR NE Ammodramus savannarum Grasshopper Sparrow - /SC /- LTR LTR NE Amphispiza belli belli Bell's Sage Sparrow CNDDB LTR LTR NE Anaxyrus californicus Arroyo Toad E /SC /- LTR LTR NE Anniella pulchra pulchra Silvery Legless Lizard - /SC /- LTR LTR NE Antrozous pallidus Pallid Bat - /SC /- LOW LOW NE Aphanisma blitoides A hanisma -/-/1B.2 LTR LTR NE Aquila chrysaetos Golden Eagle BGEPA/FP /- LTR LTR NE Ardea alba Great Egret CNDDB LTR LOW NE Ardea herodias Great Blue Heron CNDDB LTR LOW NE Asio flammeus Short -eared Owl - /SC /- LTR LTR NE Asio otus Long-eared Owl - /SC /- LTR LTR NE Aspidoscelis hyperythra Oran ethroat Whi tail - /SC /- LTR LTR NE Aspidoscelis tigris stejnegeri Coastal Whi tail CNDDB LTR LTR NE Astragalus brauntonii Braunton's Milk -vetch E /-/1B.1 LTR LTR NE Astragalus oocarpus San Diego Milk -vetch 441B.2 LTR LTR NE Athene cunicularia Burrowing Owl -/SC /- LTR LTR NE Atriplex coulteri Coulter's Saltbush - / -/1B.2 LTR LTR NE Atriplex pacifica South Coast Saltscale - / -/1B.2 LTR LTR NE Atriplex parishii Parish's Brittlescale - / -/1B.1 LTR LTR NE Atriplex serenana var. davidsonii Davidson'sSaltscale 441B.2 LTR LTR NE Aythya americana Redhead - /SC /- LTR LOW NE Aythya valisineria Canvasback CNDDB LTR LOW NE Baccharis malibuensis Malibu Baccharis - / - /1B.1 LTR LTR NE Baeolophus inornatus Oak Titmouse CNDDB LTR LTR NE Bassariscus astutus Ring-tailed Cat - /FP /- LTR LTR NE Berberis nevinii Nevin'sBarber E /E /1 B.1 LTR LTR NE Botaurus lentiginosus American Bittern CNDDB LTR LTR NE Branchinecta sandiegonensis San Diego Fairy Shrimp E / -/- LTR LTR NE Brodiaea filifolia Thread - leaved Brodiaea T /E /1B.1 LTR LTR NE Buteo regalis Ferruginous Hawk CNDDB LTR LTR NE Callitropsis forbesii Tecate Cypress - / -/1B.1 LTR LTR NE Calochortus plummerae Plummer's Mariposa-lily 441B.2 LTR LTR NE Calochortus weedii var. intermedius Intermediate Mariposa-lily 441B.2 LTR LTR NE Calypte costae Costa's Hummingbird CNDDB LOW LOW NE Campylorhynchus brunneicapillus Sandie ensis / Coastal Cactus Wren - /SC /- LTR LTR NE Carduelis lawrencei Lawrence's Goldfinch CNDDB LTR LOW NE Catostomus santaanae Santa Ana Sucker T /SC /- LTR LTR NE 10 Caulanthus simulans Pa son's jewel -flower 444.2 LTR LTR NE Centromadia parryi ssp. australis Southern Tar plant - / -/1B.1 LTR LTR NE Chaenactis glabriuscula var. orcuttiana Orcutt's Pincushion - / - /1B.1 LTR LTR NE Chaenactis parishii Parish's Chaenactis -/418.3 LTR LTR NE Chaetodipus califomicus femoralis Dulzura Pocket Mouse - /SC /- LTR LTR NE Chaetodipus fallax fallax Northwestern San Diego Pocket Mouse -/SC /- LTR LTR NE Chaetura vauxi Vaux's Swift - /SC /- LOW MOD NE Charadrius alexandrinus nivosus Western Snowy Plover T /SC /- LTR LTR NE Charina trivirgata Rosy Boa CNDDB LTR LTR NE Choeronycteris Mexicana Mexican Long- tongued Bat - /SC /- LTR LTR NE Chondestes grammacus Lark Sparrow CNDDB LTR LOW NE Chorizanthe parryi var. Fernandina San Fernando Valley S ineflower C /E /1B.1 LTR LTR NE Chorizanthe polygonoides var. longispina Lon -s fined S ineflower 4416.2 LTR LTR NE Cicindela gabbii Western Tidal -flat Tiger Beetle CNDDB LTR LTR NE Cicindela hirticollis gravida Sandy Beach Tiger Beetle CNDDB LTR LTR NE Cicindela latesignata latesignata Western Beach Tiger Beetle CNDDB LTR LTR NE Circus cyaneus Northern Harrier - /SC /- LTR LTR NE Cistothorus palustris clarkae Clark's Marsh Wren - /SC /- LTR LOW NE Coelus globosus Globose Dune Beetle CNDDB LTR LTR NE Coleonyx variegatus abbotti San Diego Banded Gecko CNDDB LTR LTR NE Comarostaphylis diversifolia ssp. diversifolia Summer Holly 44113.2 LTR LTR NE Contopus cooped Olive -sided Flycatcher - /SC /- LTR LOW NE Cordylanthus maritimus ssp. maritimus Salt Marsh Bird's -beak E /E /1 B.2 LTR LTR NE Crotalus ruber ruber Northern Red - diamond Rattlesnake - /SC /- LTR LTR NE Danaus plexippus Monarch Butterfly CNDDB LTR LOW NE Dendroica occidentalis Hermit Warbler CNDDB LTR LOW NE Dendroica petechia brewsteri Yellow Warbler - /SC /- LTR LOW NE Diadophis punctatus similis San Diego Rin neck Snake CNDDB LTR LTR NE 11 Dipodomys merriami collinus Earthquake Merriam's Kangaroo Rat CNDDB LTR LTR NE Dipodomys stephensi Stephens' Kangaroo Rat E/T /- LTR LTR NE Dudleya multicaulis Many-stemmed Dudleya -/-/1B.2 LTR LTR NE Dudleya stolonifera Laguna Beach Dudleya T /T/113.1 LTR LTR NE Egretta thula Snowy Egret CNDDB LTR LOW NE Elanus leucurus White - tailed Kite -/FP /- LTR LTR NE Empidonax traillii brewsteri Little Willow Flycatcher - /E/- LOW MOD NE Empidonax traillii extimus Southwestern Willow Flycatcher E /E /- LTR LOW NE Eremophila alpestris actia California Horned Lark CNDDB LTR LTR NE Eriastrum densifolium ssp. sanctorum Santa Ana River Woollystar E /E /1 B.1 LTR LTR NE Eucyclogobius newberryi Tidewater Goby E /SC /- LTR LTR NE Euderma maculatum Spotted Bat - /SC /- LTR LTR NE Eumeces skiltonianus interparietalis Coronado Skink - /SC /- LTR LTR NE Eumops perotis californicus Western Mastiff Bat - /SC /- LOW LOW NE Euphorbia misera Cliff Spurge - 142.2 LTR LTR NE Euphydryas editha quino Quino Checkers of Butterfly E / -/- LTR LTR NE Falco columbarius Merlin CNDDB LOW LOW NE Falco peregrinus anatum American Peregrine Falcon - /FP /- LOW LOW NE Gavia immer Common Loon - /SC /- LTR LTR NE Geothlypis trichas sinuosa Saltmarsh Common Yellowthroat - /SC /- LTR LOW NE Gila orcuttii Arroyo Chub - /SC /- LTR LTR NE Helianthus nuttallii ssp. parishii Los Angeles Sunflower - / - /1A LTR LTR NE Horkelia cuneata ssp. puberula Mesa Horkelia -/-/1B.1 LTR LTR NE Icteria virens Yellow- breasted Chat - /SC /- LTR LTR NE Ixobrychus exilis Least Bittern - /SC /- LTR LOW NE Lampropeltis zonata pulchra, California Mountain Kin snake San Diego population) -/SC /- LTR LTR NE Lanius ludovicianus Loggerhead Shrike - /SC /- LTR LTR NE Larus californicus California Gull CNDDB LOW MOD NE 12 Lasiurus cinereus Hoary Bat CNDDB LOW LOW NE Lasiurus xanthinus Western Yellow Bat - /SC /- LOW LOW NE Lasthenia glabrata ssp. coulteri Coulter's Goldfields - / -/1B.1 LTR LTR NE Laterallus jamaicensis coturniculus California Black Rail - /T,FP /- LTR LTR NE Lepechinia cardiophylla Heart- leaved Pitcher Sae 441 B.2 LTR LTR NE Lepus californicus bennettii San Diego Black- tailed Jackrabbit - /SC /- LTR LTR NE Lithobates pipiens Northern Leopard Frog -/SC /- LTR LTR NE Macrotus californicus California leaf -nosed bat - /SC /- LTR LTR NE Monardella macrantha ssp. hallii Hall's Monardella 4416.3 LTR LTR NE Monardella nana ssp. leptosiphon San Felipe Monardella 4416.2 LTR LTR NE Myotis yumanensis Yuma Myotis CNDDB LTR LTR NE Nama stenocarpum Mud Nama 442.2 LTR LTR NE Nasturtium gambelii Gambel's Water Cress EM16.1 LTR LTR NE Navarretia prostrata Prostrate Vernal Pool Navarretia - / - /1B.1 LTR LTR NE Nemacaulis denudata var. denudata Coast Woolly-heads - / -/1B.2 LTR LTR NE Neotoma lepida intermedia San Diego Desert Woodrat - /SC /- LTR LTR NE Nolina cismontana Peninsular Nolina 4416.2 LTR LTR NE Nycticorax nycticorax Black- crowned Night-Heron CNDDB LTR LOW NE Nyctinomops femorosaccus Pocketed Free - tailed Bat CNDDB LOW LOW NE Nyctinomops macrotis Big Free - tailed Bat - /SC /- LOW LOW NE Onychomys torridus ramona Southern Grasshopper Mouse - /SC /- LTR LTR NE Pandion haliaetus Osprey CNDDB LTR LTR NE Passerculus sandwichensis beldingi Beldin 's Savannah Sparrow - /E /- LTR LTR NE Passerculus sandwichensis rostratus Large-billed Savannah Sparrow - /SC /- LTR LOW NE Pelecanus erythrorhynchos American White Pelican - /SC /- LTR LTR NE Pelecanus occidentalis Brown Pelican - /FP /- LTR LTR NE Penstemon californicus California Beardton ue - / - /1B.2 LTR LTR NE Pentachaeta aurea ssp. allenii Allen's Pentachaeta - / -/1B.1 LTR LTR NE 13 Perognathus longimembris brevinasus Los Angeles Little Pocket Mouse - /SC /- LTR LTR NE Perognathus longimembris pacificus Pacific Little Pocket Mouse E /SC /- LTR LTR NE Phalacrocorax auritus Double- crested Cormorant CNDDB LTR LOW NE Phrynosoma blainvillii Coast Horned Lizard - /SC /- LTR LTR NE Picoides nuttallii Nuttall's Woodpecker CNDDB LTR LOW NE Piranga rubra Summer Tanager - /SC /- LTR LTR NE Plegadis chihi White -faced Ibis CNDDB LTR LTR NE Polioptila californica californica Coastal California Gnatcatcher T /SC /- LTR LTR NE Pooecetes gramineus affinis Oregon Vesper Sparrow CNDDB LTR LTR NE Pseudognaphalium leucocephalum White Rabbit - Tobacco 442.2 LTR LTR NE Quercus dumosa Nuttall's Scrub Oak - / -/l B.1 LTR LTR NE Rallus longirostris levipes Light-footed Clapper Rail E /E,FP /- LTR LTR NE Rhinichthys osculus ssp. 3 Santa Ana Speckled Dace - /SC /- LOW LTR NE Riparia riparia Bank Swallow -m- LTR LOW NE Rynchops niger Black Skimmer - /SC /- LTR LTR NE Salvadora hexalepis virgultea Coast Patch -nosed Snake - /SC /- LTR LTR NE Selasphorus rufus Rufous Hummingbird CNDDB LOW MOD NE Selasphorus sasin Allen's Hummingbird CNDDB LOW MOD NE Senecio aphanactis Chaparral Ragwort 442.2 LTR LTR NE Sidalcea neomexicana Salt Spring Checkerbloom 442.2 LTR LTR NE Sorex ornatus salicornicus Southern California Saltmarsh Shrew - /SC /- LTR LTR NE Spea hammondii Western S adefoot - /SC /- LTR LTR NE Spizella breweri Brewer's Sparrow CNDDB LTR LTR NE Spizella passerina Chipping Sparrow CNDDB LTR LTR NE Sterna forsteri Forster's Tern CNDDB LTR LOW NE Sternula antillarum browni California Least Tern E /E,FP /- LTR LOW NE Streptocephalus woottoni Riverside Fairy Shrimp E / -/- LTR LTR NE Suaeda esteroa Estuary Seablite - / -/1B.2 LTR LTR NE 14- Symphyotrichum defoliatum San Bernardino Aster - / -/1B.2 LTR LTR NE Taricha torosa torosa Coast Range Newt - /SC /- LTR LTR NE Taxidea taxi-is American Badger - /SC /- LTR LTR NE Thamnophis hammondii Two-striped Garter Snake - /SC /- LTR LTR NE Thamnophis sirtalis ssp. South Coast Common Garter Snake - /SC /- LTR LTR NE Tryonia imitator Mimic T onia = CaliforniaBrackishwater Snail) CNDDB LTR LTR NE Verbesina dissita Big-leaved Crownbeard T /T/1B.1 LTR LTR NE Vireo bellii pusillus Least Bell's Vireo E /E /- LTR LTR NE Xanthocephalus xanthocephalus Yellow- headed Blackbird - /SC /- LTR LTR NE California Walnut Woodland CNDDB LTR LTR NE Riversidian Alluvial Fan Sae Scrub CNDDB LTR LTR NE S. Calif. Arroyo Chub /Santa Ana Sucker Stream CNDDB LTR LTR NE Southern Coast Live Oak Riparian Forest CNDDB LTR LTR NE Southern Coastal Salt Marsh CNDDB LTR LTR NE Southern Cottonwood Willow Riparian Forest CNDDB LTR LTR NE Southern Dune Scrub CNDDB LTR LTR NE Southern Foredunes CNDDB LTR LTR NE Southern Interior Cypress Forest CNDDB LTR LTR NE Southern Riparian Scrub CNDDB LTR LTR NE Southern Sycamore Alder Riparian Woodland CNDDB LTR LTR NE Southern Willow Scrub CNDDB LTR LTR NE Valley Needle grass Grassland CNDDB LTR LTR NE CNDDB Data Date = 2128/2010 **Terms for Evaluated Potential CNPS accessed = 8/11/2010 LTR = Less than reasonable potential to *Leaal Status Codes occur. There is no basis to conclude CNPS Status Codes that occurrence at this time, in the Federal 1A = Presumed extinct in California defined area, has any reasonable E = Endangered 1B = Rare, threatened, or endangered in potential. T = Threatened California and elsewhere FP = Proposed for Endangered or 2 = Rare, threatened, or endangered in LOW = Low but reasonable potential. Threatened California, but more common elsewhere Occurrence at this time, in the defined BGEPA = Bald and Golden Eagle 3 = More information needed area, appears unlikely but not less than Protection Act 4 = Limited distribution; Watch List reasonable. 0.1 = Seriously endangered in California State 0.2 = Fairly endangered in California MOD = Moderate potential. There is E = Endangered 0.3 = Not very endangered in California some basis to anticipate occurrence in T = Threatened the defined area, but also substantial C = Candidate for listing as CNDDB = Tracked by CNDDB but currently uncertainty. Endangered or Threatened with no formal special status (e.g., federal R = Rare (Native Plant Protection Species of Concern, a category no longer NE = No potential effects and no Act only) evaluated); includes plant communities potential fair argument for adverse SC = Species of Special classified by CDFG as depleted or high effects under CEQA at either the level Concern priority for inventory of significance or the level of a FP = Fully Protected Species cumulatively considerable contribution to a regionally significant impact. 15 Table 2. Detected Non - ornamental Vascular Plant and Vertebrate Wildlife Species Species Common Name Vascular Plants *Chamaesyce maculata Spotted Sandmat *Cortaderia selloana Pampas Grass *Polypogon monspeliensis Annual Beard -grass *Sonchus oleraceus Annual Sow - thistle Typha latifolia Broad - leaved Cattail *(none; appears to be of cultivar /hybrid origin) turf grass Vertebrate Wildlife Anas platyrhynchos Mallard Cathartes aura Turkey Vulture Fulica americana American Coot *Columba livia Rock Pigeon *Streptopelia decaocto Eurasian Collared -Dove Sayorms nigricans Black Phoebe Corvus brachyrhynchos American Crow Carpodacus mexicanus House Finch *Passer domesticus House Sparrow Sylvilagus auduboni Desert Cottontail *Rattus rattus Black Rat * - Nonnative species 16 Kurt Campbell Senior Biologist Kurt has over 30 years of experience as an active Feld and conservation biologist with extensive and integrated knowledge of animals, plants, ecology, and conservation biology. He has an extensive knowledge of environmental regulations, including CEQA, NEPA, the federal ESA, the California ESA, the Migratory Bird Treaty Act (MBTA), CWA, and the state Lake and Streambed Alteration Program in the context of natural resources. He has several peer - reviewed, scientific publications in print relevant to California conservation biology. He is widely known throughout California as an expert in the ecology, distribution, natural history, and identification of birds, and was an author and regional editor for four years for North American Birds magazine. Kurt has conducted numerous special- status species studies, including focused surveys and habitat evaluations. Kurt's expertise extends to nearly all California bird species and many other vertebrates, invertebrates, and plants. Project Experience South Region High School #15 Implementation of Biological and Archaeological Monitoring Plan —Los Angeles Unified School District, San Pedro For a proposed wind turbine component of a new high school, Kurt designed, prepared, and implemented a wind turbine long -term management and monitoring program incorporating existing research on turbine impacts to birds and bats and an adaptive management study design. Work included negotiations among client, public stakeholders, and staff at multiple agencies. Construction and Mitigation Monitoring for California Gnatcatcher at Diamond Valley Reservoir — Metropolitan Water District Kurt managed a 3- person monitoring team that surveyed and monitored construction activities for California gnatcatchers over more than 1000 acres of pristine coastal sage scrub in the North Domenigoni Hills during six years of construction for the Diamond Valley Reservoir. Evaluated results, made management recommendations, and produced or reviewed all annual reports. 1CF INTERNATIONAL Kurt Campbell 1 IFI.: L: �: nil C 2 Kurt Campbell California Gnatcatcher Dispersal Study— County of San Diego Kurt contracted and supervised a field team to document nesting, monitor, and color -band young gnatcatchers for a study of natal dispersal across Interstate 8 in Lakeside. Documented color- marked juveniles' successful crossing of the multiple -lane freeway. Results were interpreted and discussed in light of relevant conservation biology and management issues at both local and regional scales. Southwestern Willow Flycatcher Focused Studies —Glenn Lukos Associates, Los Angeles Under contract to Glenn Lukos Associates for the County of Orange and the Irvine Land Company in both 2001 and 2002, Kurt conducted and reported on a focused survey for southwestern willow flycatcher, including riparian habitat suitability evaluation over several hundred acres in the Irvine Lake area. Unusual survey results in 2001 and unusual conditions (drought) in 2002 were interpreted in light of current research and changing survey protocols related to the species. Avian Point Count Surveys —San Diego Natural History Museum As part of a museum contract to the U.S. Forest Service, Kurt conducted over 100 point counts in Cleveland National Forest, San Diego County, California. This included substantial logistical efforts locating and confirming existing point count locations on a tight schedule, along with preliminary data interpretation and review of the draft museum report. Biological Reference Evaluation and Management Recommendations — County of San Diego Under state funding in 2001 and 2002, Kurt conducted a thorough reference evaluation of baseline conditions for newly acquired conservation lands in the Lakeside Archipelago of lands conserved under the southwestern San Diego Multiple Species Conservation Program. This included documentation of existing conditions through compilation of extensive plant, invertebrate, and vertebrate species lists (over 400 species recorded in all), mapping of vegetation communities and other resources, detailed evaluation of California Gnatcatcher populations beyond presence /absence, evaluation of wildlife corridor and linkage issues, establishment of an avian monitoring program using point counts, thorough discussion of historic and existing disturbance impacts, and analysis of site needs and opportunities at multiple scales. 0 + tT � r ti 8 1 Perspective Code Review Construction: Type VB Exterior Rating: Non Rated Sprinklers: Sprinklered with Monitoring System Elevator: Gurney Compliant Unchanged 40001b Capacity Occupancy. Business Group B Fire Hydrant: Fire Hydrant to be located within 150' of the fire 9,917 sf main. Hydrant to be located on the some side 9,917 sf of the street as the fire main. Code Compliance: 2007 California Building Code Encroachment Permit: An encroachment permit is required for all work 11,960 sf activities within the public right —of —way. Improvements: All improvements shall comply with the City's sight CS distance requirement. City Standard 110 —L On— site — drainage: All on —site drainage shall comply with the latest Gross Floor Area: City Water Quality requirements. Permit Modification: Requested modification for increase in parking from 10,433 sf the CCR's 1 stall per 225 square feet to the City of (General Plan Amend) Newport Beach's requirement of 1 stall per 250 square feet. Tentative Parcel Map: Request for Tentative Parcel Map taking the lot of DK 55,779.18s and dividing it into two parcels. Parcel 1 12% = 32,395.93sf, Parcel 2 = 23,383.25sf. 7 I Code Review i 1 _ IV III! It Legal Description Parcel 1, Parcel Map 60 -40 (Resubdivision No. 430) Project Description A request to amend the General Plan Land Use Element and Koll Center Planned Community Text to increase the allowable office area for Professional and Business Office Site B by 11,544 gross square feet and 9,916.5 net square feet in order to accomodate the construction of a 3 —story office building. Building Description Construction of a new three (3) story office building comprised of two (2) stories of office space over one (1) story parking structure. 6 I Description r J ,w T J •w it ` II 4� Building Statistics W + f�. W. W. M°Wthur 811 +� Project ✓�:. S i� urk ._ 10. ^� • -'�'� ."+... ' ,II � • , I ra 4 - 1 0 3 1 Vicinity Map Applicant Professional Real Estate Services, Inc. 4300 Von Korman Avenue Newport Beach, CA 92660 Phone: (949) 261 7737 Fax: (949) 442 1925 Contact: Michael Tong Owner Professional Real Estate Services, Inc. 4300 Von Korman Avenue Newport Beach, CA 92660 Phone: (949) 261 7737 Fax: (949) 442 1925 Contact: Michael Tong Contact Information Laidlaw Schultz Architects 3111 Second Ave Corona Del Mar, CA 92625 Phone: (949) 645 9982 Fax: (949) 645 9554 Contact: Craig Schultz 2 1 Contact Information Architectural A.100 Existing: New (Parcel 1 +2): Parcel 1: Parcel 2: Total: Lot Size — Existing Parcel: 55,779.18 sf Unchanged 32,395.93 sf 23,383.25 sf 55,779.18 sf Net Floor Area: 6,652 sf 9,917 sf 6,652 sf 9,917 sf 16,569 sf Gross Floor Area: 6,850 sf 11,960 sf * 6,850 sf 11,960 sf 18,810 sf (Measure S) VE Revisions CS CS 11.21.08 Bldg Code Review DK Gross Floor Area: 6,850 sf 10,433 sf 6,850 sf 10,433 sf 17,283 sf (General Plan Amend) 03.05.09 GPA Revisions DK Building Coverage: 12% 23.95% 20.63% 28.54% Building Height: 30' -1" 47' -10 1/4" 30' -1" 47' -10 1/4" CS Landscaping ( %): 34.3% 30.63% 34.85% 24.43 04.07.10 Paving (%): 53.7% 54.72% 44.50% 68.88 % ** CS Note: * 416sf Gross area removed from (E) structure, Thus: 416sf + 11,544sf = 11,960sf * *Paving% includes area within Building envelope, as used for parking /driving (Based on 1/250) Required: Provided: Total: Parking Parcel 1: Uncovered — On site: 27 Stalls 29 Stalls 29 Stalls Covered — On site: 0 Stalls 0 Stalls 0 Stalls Parking Parcel 2: Uncovered — On site: 28 Stalls 30 Stalls 30 Stalls Covered — On site: 12 Stalls 12 Stalls 12 Stalls 71 Stalls Parking to Net Area: 250 sf /stallx7l stalls = 17,650 net sf allowable 17,750 net sf all owable- 6,652(e)sf= 11,098sf(max) Existing Lot Area 55,779.18 sq. ft. 5 Building Statistics ra 4 - 1 0 3 1 Vicinity Map Applicant Professional Real Estate Services, Inc. 4300 Von Korman Avenue Newport Beach, CA 92660 Phone: (949) 261 7737 Fax: (949) 442 1925 Contact: Michael Tong Owner Professional Real Estate Services, Inc. 4300 Von Korman Avenue Newport Beach, CA 92660 Phone: (949) 261 7737 Fax: (949) 442 1925 Contact: Michael Tong Contact Information Laidlaw Schultz Architects 3111 Second Ave Corona Del Mar, CA 92625 Phone: (949) 645 9982 Fax: (949) 645 9554 Contact: Craig Schultz 2 1 Contact Information Architectural A.100 — Project Data and Vicinity Map A.1 01 — Site Plan A.200 — Parking and Lower Level Plans A.201 — Upper and Roof Level Plans A.300 — South and West Elevations A.301 — North and East Elevations A.400 — Building Section Civil 1 of 1 — Existing Site Conditions Plan 1 I Sheet Index NTS S[ architects LAIDLAW SCHULTZ PROJECT PRES - Office Building 4310 Von Karman Avenue Newport Beach, CA 92660 DRAWING DESCRIPTION DATE ISSUE /REVISION DRAWN REVIEW 06.31.07 Client Review CS CS 07.20.07 Client Review CS CS 07.26.07 Client Review DK CS 08.13.07 Client Review DK CS 09.26.07 Client Review DK CS 03.24.08 VE Revisions CS CS 11.21.08 Bldg Code Review DK CS 12.08.08 General Plan DK, JW CS Amendment 03.05.09 GPA Revisions DK CS 06.08.09 General Plan CS CS Amendment 06.17.09 GPA Revisions CS JB 07.23.09 GPA Revisions CS JB 04.07.10 GPA Revisions CS CS 08.10.10 GPA Revisions CS CS A,100 SHEET NO. All drawings and written material appearing herein constitute original and unpublished work of the architect and may not be duplicated, used or disclosed without the written consent of Laidlaw Schultz Architects. 3111 Second Avenue Corona del Mar, CA 92625 -2322 (949) 645 -9982 Fax: (949) 654-9554 www.LSarchItects.com 2 1 West Elevation South Elevation Black Cap Smooth Steel Trowel Integral Color Plaster Smooth Steel Trowel Integral Color Plaster Stainless Steel Flagpole T.O. Parapet } Elev. +97.00, T.O. Parapet } Elev. +93.80, T.O. Parapet } Elev. +90.80, Roof Level } Elev. +86.80'� Black Cap Stone Veneer Smooth Steel Trowel Integral Color Plaster Third Level Elev. +73.30'� Smooth Steel Trowel Integral Color Plaster Black Cap Second Level } Elev. +59.80'� Stone Veneer Louvers First Level } Elev. +49.80'� Smooth Steel Trowel Integral Color Plaster Dashed Line Denotes Existing Grade Scale- 1/8• - 11-0' Smooth Steel Trowel Integral Color Plaster at Mechanical Screen Stainless Steel Flagpole Black Cap Stone Veneer T.O. Para et Elev. +97.00 T.O. Para et Elev. +93.80 1 2. Parapet J Elev. +90.80, Roof Level Elev. +86.80'� Smooth Steel Trowel Integral Color Plaster Metal Louvers Third Level Elev. +73.30 Black Cap Stone Veneer Stone Veneer Second Level Elev. +59.80 Exterior Plaster Water Feature First Level Elev. +49.80 Black Powder — Coated Steel Trellis Exterior Plaster Planter Dashed Line Denotes Existing Grade Scale- 1/8• - 11-01 LSrchitects LAIDLAW SCHULTZ PROJECT PRES - Office Building 4310 Von Karman Avenue Newport Beach, CA 92660 DRAWING DESCRIPTION Elevation DATE ISSUE /REVISION DRAWN REVIEW 06.31.07 Client Review CS CS 07.20.07 Client Review CS CS 07.26.07 Client Review DK CS 08.13.07 Client Review DK CS 09.26.07 Client Review DK CS 03.24.08 VE Revisions CS CS 11.21.08 Bldg Code Review DK CS 12.08.08 General Plan DK, JW CS Amendment 03.05.09 GPA Revisions DK CS 06.08.09 General Plan CS CS Amendment 06.17.09 GPA Revisions CS JB 07.23.09 GPA Revisions CS JB 04.07.10 GPA Revisions CS CS 08.10.10 GPA Revisions CS CS Notated North 07 A.300 SHEET NO. All drawings and written material appearing herein constitute original and unpublished work of the architect and may not be duplicated, used or disclosed without the written consent of Laidlaw Schultz Architects. 3111 Second Avenue Corona del Mar, CA 92625 -2322 (949) 645 -9982 Fax: (949) 654-9554 www.LSarchitects. corn E 1 East Elevation North Elevation Black Cap Stone Veneer Metal Louvers Smooth Steel Trowel Integral Color Plaster at Mechanical Screen Black Cap T.O. Parapet J Elev. +97.00' T.O. Para et Elev. +93.80 T.O. Para et Elev. +90.80 Roof Level Elev. +86.80 Powder — Coated Steel Handrail Third Level Elev. +73.30 Smooth Steel Trowel Integral Color Plaster Second Level J Elev. +59.80' Stone Veneer First Level Elev. +49.80 Smooth Steel Trowel Integral Color Plaster Dashed Line Denotes Existing Grade Scale- 1/8• - 11-01 Mechanical Screen Metal Cladding Black Cap T.O. Parapet Elev. +97.00' — T.O. Parapet } Elev. +93.80' — T.O. Parapet } Elev. +90.80' — Roof Level Elev. +86.80 Smooth Steel Trowel Integral Color Plaster Third Level Elev. +73.30' Black Cap Second Level Elev. +59.80 Smooth Steel Trowel Integral Color Plaster First Level Elev. +49.80 Stone Veneer Dashed Line Denotes Existing Grade scale- 1/81 - 11-0e LS[_~�rchitects LAIDLAW SCHULTZ PROJECT PRES - Office Building 4310 Von Karman Avenue Newport Beach, CA 92660 DRAWING DESCRIPTION Elevation DATE ISSUE /REVISION DRAWN REVIEW 06.31.07 Client Review CS CS 07.20.07 Client Review CS CS 07.26.07 Client Review DK CS 08.13.07 Client Review DK CS 09.26.07 Client Review DK CS 03.24.08 VE Revisions CS CS 11.21.08 Bldg Code Review DK CS 12.08.08 General Plan DK, JW CS Amendment 03.05.09 GPA Revisions DK CS 06.08.09 General Plan CS CS Amendment 06.17.09 GPA Revisions CS JB 07.23.09 GPA Revisions CS JB 04.07.10 GPA Revisions CS CS 08.10.10 GPA Revisions CS CS Notated North / �N A.301 SHEET NO. All drawings and written material appearing herein constitute original and unpublished work of the architect and may not be duplicated, used or disclosed without the written consent of Laidlaw Schultz Architects. 3111 Second Avenue Corona del Mar, CA 92625 -2322 (949) 645 -9982 Fax: (949) 654-9554 www.LSarchItects.com