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Home My WebLink AboutPendragon North America (PA2004-249) 2101 Dove Street• CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 5 April 6, 2006 TO: PLANNING COMMISSION FROM: Rosalinh Ung, Associate Planner (949) 644 -3208 rung@city.newport-beach.ca.us SUBJECT: Land Rover Newport Beach Service Center 2101 Dove Street General Plan Amendment No. 2004 -009 Code Amendment No. 2004 -012 Use Permit No. 2004 -043 Traffic Study No. 2005 -006 Mitigated Negative Declaration (PA2004 -249) APPLICANT: Pendragon North America Automotive Inc. • REQUEST Pendragon North America Automotive Inc. proposes to redevelop the existing 4.19 acre property located at 2101 Dove Street into a vehicle service and storage facility to support their existing Land Rover dealership located at 1540 Jamboree Road. The project involves the following discretionary applications for the Planning Commission to consider: • General Plan Amendment - Change the land use designation of the 4.19 -acre site from Administrative, Professional, & Financial Commercial to Retail Service Commercial. • Code Amendment - Rezone the subject property from APF to RSC. • Use Permit — For the operation of vehicle service and storage facility. • Traffic Study — Traffic analysis pursuant to the Traffic Phasing Ordinance (TPO). RECOMMENDATION Staff recommends that the Planning Commission recommend approval of General Plan Amendment No. 2004 -009, Code Amendment No. 2004 -012, Use Permit No. 2004 -043, Traffic Study No. 2005 -006 and Mitigated Negative Declaration subject to the re- circulation pursuant to the CEQA Guidelines, to the City Council by adopting the • attached draft resolution. 0 E Land Rover Newport Beach Service Center April 6, 2006 Page 2 Current Development: Vacant industrial building To the north: Office development & car service facility To the east: Office development To the south: Office development To the west: John Wayne Airport Note: The street system in which the project is located runs diagonally. For purposes of clarity, Campus • Drive and all other streets that run parallel to it are described as north -south streets. Dove Street and all other streets that run parallel to it are described as east -west streets. • Land Rover Newport Beach Service Center April 6, 2006 Page 3 BACKGROUND The 4.19 -acre site presently is developed with a 62,457- square foot, vacant industrial building. The existing building was originally occupied by Edler Industries, Inc., which manufactured thermo insulation components for rocket motors from 1964 to 2001. Since then, the property has been leased to various business operators on a temporary basis, which include a stone and tile sales business, a batting cage and sports equipment sales business, a patio furniture sales business and various storage operations and most recently a car rental business. A majority of the building is one level except mezzanine levels. The building has an existing loading dock on the south side of the building with surface parking located on the east and west sides. Vehicular access to the property is provided via existing driveways on Campus Drive and Birch Street. In February of 2003, the City Council initiated a General Plan Amendment to allow for the consideration of self- storage facilities in the range of permitted uses in the Campus Drive area of Statistical Area L -4 (Airport Area) in order to allow the property to be developed as a self - storage facility. The property owner later withdrew their request in • favor of the proposed project. PROJECT DESCRIPTION The applicant currently operates the Land Rover Dealership located at 1540 Jamboree Road. The Jamboree Road site presently operates as an integrated dealership with sales and service operations. The applicant desires to consolidate three of their franchises onto this site for retail operations, while converting the subject site to vehicle service and inventory storage. The consolidation of the 3 franchises at the Jamboree site presents capacity issues and the request for a vehicle service and storage facility at the subject property would effectively resolve these issues. All proposed improvements to be made at the Jamboree site are minor and do not require an amendment to the existing Use Permit. The relocation of their service and storage operations to the subject site, however, necessitates an approval of the requested applications. The applicant proposes to convert the existing building into a vehicle service and storage facility. Minor interior demolition is proposed while the majority of the building exterior would remain unchanged. Interior partition walls, stairways, an existing below -grade loading dock and an electrical enclosure would be demolished. The mezzanines would be partially demolished and remodeled for parts and storage areas. Interior improvements also include conversion of the former main office area on the north • side of the building into a tool room and locker area for technicians; construction of approximately 27 service bays within the west side of the building; construction of offices, Land Rover Newport Beach Service Center April 6, 2006 Page 4 • a customer lounge, parts storage areas and restrooms on the southwest comer of the building and construction of a vehicle storage area within the east side of the building. Exterior improvements include construction of a main entrance and customer patio area on the west side of the building and construction of a service canopy, a 348- square foot car wash and a trash enclosure on the south side of the building. All existing and proposed mechanical units will be screened from view. The existing parking areas will be completely demolished and resurfaced. Landscaping will be provided throughout the property including site and building perimeters and the parking areas. Four vehicular display pads will be constructed in the grass area located on the north side of the building fronting on Dove Street. Upon completion of the improvements, the overall square footage of the building will be reduced from 62,457 to 58,145 gross square feet, a 4,312 square feet reduction in building size. Vehicular access to the property is proposed be reduced from 4 driveways (2 along Campus Drive and 2 along Birch Street) to 2 driveways. The driveways will generally remain in the same location but the drive approaches will be modified to meet City standards. The proposed hours of operation are from 7:00 a.m. to 6:00 p.m., Monday through Friday and from 8:00 a.m. to 5:00 p.m. on Saturday. It is anticipated that a total of 40 employees including service and part managers, technicians, service advisors, parts personnel, service writers and support staff would be working during various shifts. The service • department would serve approximately 40 vehicles per day. Service includes minor and major repairs including new and pre -owned vehicle preparation. No body shop, paint booths or fueling services are proposed. The remainder of building will be devoted to vehicle storage for service vehicles and new inventory. The subject site will serve as overflow storage for the existing off -site storage at the Newport Dunes. No outdoor storage of inventory is planned; however, it could occur from time to time. DISCUSSION & ANALYSIS General Plan Amendment— Change in Designation The project is located in the Campus Drive Area (Statistical Area 1-4) of the Land Use Element and has a land use designation of Administrative, Professional & Financial Commercial (APF). This area is bounded by Campus Drive, MacArthur Boulevard, Birch Street and Bristol Street North. The maximum floor area ratio (FAR) permitted by the General Plan for the subject property is 0.50/0.75. The proposed project will have a 0.32 FAR, which is less than the maximum permitted by the General Plan. The project proposes a change to the General Plan land use designation of the site from Administrative, Professional & Financial Commercial to Retail & Service • Commercial. The amendment is necessary because vehicle repair /service and vehicle • Land Rover Newport Beach Service Center April 6, 2006 Page 5 storage are only permitted as ancillary uses in the APF designation. Since the proposed project would not function as an ancillary use to the Airport Office Area, the proposed use would not be allowed on the subject site. The change in land use designation to RSC would allow vehicle repair as a primary use and vehicle storage would then be allowed as an ancillary use at the subject site. The change in land use would allow the 4.19 -acre site to be used for retail commercial uses as opposed to being used exclusively for office uses. The General Plan Amendment will not increase the potential building area entitlement but simply would allow the property to be improved with uses that are predominantly retail in character which provide goods and services to the general public. Surrounding land uses include a mixture of office and retail uses, a carwash /gasoline station, automotive related uses and John Wayne Airport. Furthermore, since APF and RSC designations are both part of the City's commercial districts, many of the land uses allowed within these two districts are the same and include vehicle service and storage. As a result, the proposed use of the property, in staffs opinion, would not be incompatible with the surrounding uses. Applicable General Policies The Land Use Element has 12 general policies to guide consideration of the potential amendments. The following discussion relates to those general land use policies that • are applicable to the proposed project. B. To ensure redevelopment of older or underutilized properties, and to preserve the value of property, the floor area limits specked in the Land Use Element allow for some modest growth. To ensure that traffic does not exceed the level of service desired by the City, variable floor area limits shall be established based upon the trip generation characteristics of land uses. The proposed project results in the redevelopment of an older and underutilized property. With the improvements proposed to be made by the applicant, the value of the property will be increased. The proposed FAR of 0.32 is within the allowable floor area limits and the traffic generated by the proposed project will not exceed the level of service desired by the City as demonstrated by the Traffic Study discussed below. The proposed changes to Statistical Area L4 pertaining to Campus Drive Area is shown as Exhibit "A" of the draft Planning Commission Resolution (Exhibit 1). Charter Section 423 Analysis Campus Drive Area of Statistical Area L4 has a current General Plan limit of 1,261,727 square feet. The project will not add square footage of non - residential intensity in Campus Drive Area. However, Council Policy A -18 requires that all proposed General • Plan amendments be reviewed to determine if a vote would be required. If a project generates more than 100 peak hour trips, 40,000 square feet of non - residential floor Land Rover Newport Beach Service Center April 6, 2006 Page 6 • area, or excess of 100 dwelling units, a vote of the citizens would be required, if the Council approves the requested Amendment. Council Policy A -18 includes a Trip Rate Table adopted for use when reviewing proposed GPA's relative to Charter Section 423. As the request is a change in land use designation from APF to RSC, the maximum peak hour trips methodology will be used. This category is identified in Council Policy A -18 for RSC, APF and RMC zones and is the same average rate for the broad list of uses permitted in these zones. The trip generation rates are 3 for morning and 4 for evening peak hour trips per each 1,000 square feet of floor area. Based on these identical rates the proposed amendment will result in no additional peak hour trips. In other words, if the site were redeveloped consistent with either land use designation, on average, there would not be an appreciable difference in traffic generation. In conclusion, a vote of the electorate is not required. Charter Section 423 also requires that 80% of increases (units, area or traffic) from prior general plan amendments within the same statistical area be added to the traffic generated by the project to see if cumulatively a vote would be required. There were three prior amendments approved for Statistical Area L4, and the following chart shows the area and peak hour trips analysis. Amendment Area # of A.M. Peak P.M Peak Hour Dwelling Hour Trips Trips Units Carrico Pacific 1,272 s.f. (80 %) 0 2.4(80%) 2.4(80%) GP2001 -004 Willson Automotive 0 0 15.3(80%) 23.3(80%) GP2004 -004 Master Development 1,400 s.f. (80 %) 0 2.4(80%) 2.4(80%) GP2004 -006 Proposed Amendment 0 0 0 0 Total 2,672 s.f. 0 20.1 28.1 • As indicated in the preceding table, the project with "prior amendments" do not exceed the 100 peak hour trip, 40,000 square foot or 100 dwelling unit thresholds, therefore a vote pursuant to Charter Section 423 is not required. Should the City Council approve the proposed amendment, it will become a "prior amendment" that will be tracked for ten years. The Steadfast Investment project is also being considered on the same Planning Commission agenda. Should the project be approved, the total A.M and P.M peak hour trips and building square footage would not exceed the Charter Section 423 • thresholds. is Cl C� Land Rover Newport Beach Service Center April 6, 2006 Page 7 Code Amendment The change of use requires a change in the zoning designation to maintain consistency between the Land Use Element and zoning map. The change in zoning designation from APF to RSC would not cause the property to become nonconforming under the RSC development standards. The proposed project complies with all development regulations specified by the Zoning Code including floor area, the 375 -foot height limitation zone, building bulk and setbacks. General Project Characteristics Lot Area 182,706 square feet 4.19 acres Building Square Footage Existing: 62,457 Proposed: 58,145 FAR Permitted: 0.5/0.75 Proposed: 0.32 Parking Spaces Required: 162 Vehicle/Equipment Repair (1/300 s.f.) = 115 Vehicle Storage (1/500 s.f.) = 47 Provided: 170 On -site Parking The Zoning Code establishes parking requirements for vehicle /equipment repair at a rate of one space for each 300 square feet of gross floor area and vehicle storage at a rate of one space for each 500 square feet of gross floor area. Based on these parking ratios, 162 spaces are required for the proposed project. The site provides a total of 170 spaces for employee and customer parking. Vehicle storage will be provided inside the building and is not counted towards this parking requirement. Lighting The lighting located on the building fagade would be retained. Additional lighting would be provided in the parking lot for security purposes. Lighting in the parking lot would be shielded or recessed so that direct glare and reflections are contained within the subject site. Staff believes that should the General Plan Amendment and Code Amendment be approved, the RSC zoning designation is appropriate for this location and would be consistent with other commercial related developments in the Campus Drive Area. Land Rover Newport Beach Service Center April 6, 2006 Page 8 • Use Permit The applicant requests approval of a Use Permit for the operation of vehicle service and storage facility under the proposed RSC designation for the subject site. A recommendation to the City Council to approve these uses requires that the Planning Commission make the following findings: • That the proposed location for the vehicle service and storage facility is in accord with the objectives of the Zoning Code and the purposes of the district in which the proposed vehicle service and storage facility site is located; • That the proposed location of the vehicle service and storage facility and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the City; and • That the proposed use will comply with the provisions of this code, including any • specific condition required for the proposed use in the district in which it would be located. Compatibility of the proposed vehicle service and storage facility with nearby uses is also a consideration in the Use Permit approval. The subject property is surrounded by one and two -story office and commercial buildings, a carwash /gasoline station, automotive related uses and John Wayne Airport. The existing 24 -foot high building will be improved with design elements that resemble an office or administrative building and will be substantially consistent in design, quality of materials, scale, and building volume with that of nearby structures. Furthermore, on -site improvements which include the provisions of extensive landscaping treatments throughout the property, a new trash enclosure and newly paved parking lots are expected to enhance the visual characteristics of the property. To improve traffic and circulation on the project site and adjoining streets, vehicle access to the subject property is proposed to be reduced from four to two driveways and will have modified driveway approaches to meet the City's standards. However, the Traffic Study recommends that the project provide a driveway on Dove Street. This is to allow patrons traveling southbound on Campus Drive access to the site on Dove Street without having to make a u -turn at the intersection of Campus Drive and Quail Street. The Traffic Engineer reviewed and concurs with this recommendation. The new access point will be located on the west side of the building and will be aligned with the closest • • Land Rover Newport Beach Service Center April 6, 2006 Page 9 driveway parallel to the existing building. A condition of approval requiring this provision has been included in the draft resolution. Noise sources on the project site, including automotive repair equipment, were considered in the Initial Study prepared for the project as required by CEQA. No sensitive noise receptors, e.g. residences, are located in the vicinity of the proposed service center and the Initial Study found that the highest noise levels would result from construction of the vehicle service and storage facility. The proposed vehicle service center is subject to Mitigation Measure N -1 that requires that construction activities be conducted in accordance with the City of Newport Beach noise standards and that the hours of construction are limited accordingly. The Initial Study indicates that operational noise sources would be less than significant with Mitigation Measure N -2 requiring noise control devices to minimize operational noise impact consistent with the City's noise standards. Based upon the operational characteristics of the use, a review of surrounding land uses, building and site improvements, traffic considerations, noise and lighting, staff believes that the Planning Commission can recommend approval of the Use Permit for the proposed facility through the adoption of conditions of approval provided the General Plan Amendment and Code Amendment are also approved. • Traffic Study The traffic study identifies the potential traffic and circulation impacts associated with the proposed development. A traffic study is required when a project will generate more than 300 average daily trips pursuant to the Traffic Phasing Ordinance (TPO). The City Traffic Engineer prepared a preliminary estimate of trips and concluded that a traffic study would be required. A traffic study has been prepared by RK Engineering Group, Inc. under the supervision of the City Traffic Engineer pursuant to the TPO and its implementing guidelines (Appendix D of the Mitigated Negative Declaration), CEQA analysis for cumulative projects and intersection capacity utilization (ICU), and General Plan analysis. The project will result in a net increase of 1,193 new average daily trips, 113 vehicle trips during morning (AM) peak hour and 102 vehicle trips during the afternoon (PM) peak hour. Fourteen (14) intersections were identified by the Traffic Engineer for inclusion in the study. Project related traffic is expected to result in a one percent increase in nine (9) out of the fourteen (14) study intersections. Intersection Capacity Utilization analysis was performed on the following 9 intersections: 1. Mac Arthur Blvd. at Birch Street 2. Mac Arthur Blvd. at Jamboree Road 3. Campus Drive at Dove Street 4. Campus Drive at N Bristol Street 5. Campus Drive at SE Bristol Street Land Rover Newport Beach Service Center April 6, 2006 Page 10 • 6. Birch Street at Dove Street 7. Birch Street at N Bristol Street 8. Birch Street at SE Bristol Street 9. Jamboree Road at Campus Drive The study concluded that the project related traffic does not cause an unsatisfactory level of service at any of these intersections as all of the intersections will operate at LOS D or better. Therefore, no significant impact occurs and no improvements are required at these intersections. Environmental Review A Mitigated Negative Declaration (MND) has been prepared by PCR Service Corporation for the proposed project in accordance with the implementing guidelines of the California Environmental Quality Act (CEQA). The MND is attached as Exhibit No. 3. The MND identifies six (6) issue areas with 24 mitigation measures. Those issues are: Air Quality, Hazards/Hazardous Materials, Hydrology/Water Quality, Noise, Transportation/Traffic, Utilities and Service Systems. The MND was circulated for public review between February 9 and March 10, 2006. Comments were received from the Orange County Airport Land Use Commission • (ALUC), California Cultural Resource Preservation Alliance, Inc. (CCRSA) and Department of Toxic Substances Control (DTSC). During the preparation of the responses, new avoidable significant effects have been identified. As result, three (3) mitigation measures have been drafted to reduce these effects to a less than significant level. These issues identified related to Cultural Resources, Hazards and Hazardous Materials and Noise. The introduction of three (3) mitigation measures, however, has prompted the need to re- circulate the MND pursuant to Section 15073.5.b.1 of the California Environmental Quality Act. Staff has prepared an errata (Exhibit 3) to include three (3) new mitigation measures (CR -1, HM -5 and N -3), minor changes made to Mitigation Measure HM -1, the revised the Mitigation Monitoring and Reporting Program and the Response to Comments Document for the Planning Commission to consider. Staff also respectfully recommends that the Commission consider the draft MND including the errata and require the recirculation of the MND to be made prior to the City Council's consideration. Public Notice Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property (excluding roads and waterways) and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. The environmental assessment process has also been noticed in a similar manner and all • mandatory notices per the California Environmental Quality Act have been given. E Land Rover Newport Beach Service Center April 6, 2006 Page 11 Finally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the city website. Summary Staff believes that findings necessary for project approval can be made. It is staffs opinion the proposed project would not prove detrimental to the area because the proposed vehicle service and storage facility would be compatible with the surrounding uses. Furthermore, because of its close proximity to the John Wayne Airport, the subject property is significantly impacted by the noise from the airport. Consequently, it is not an ideal location for many uses. The noise is much less of a nuisance to an automotive use; therefore, it would be a suitable use of the subject property. The recirculation of the MND is necessary in order to ensure that the public and other agencies have the opportunity to comment on the revised document before it may be adopted. With the implementation of the suggested mitigation measures, the projects environmental impacts will be reduced to less than significant levels. Should the Planning Commission conclude that the project as proposed would not be compatible with the surrounding uses and that the site should be redeveloped for office • uses, the project should be denied or modified to address any issues that may arise. if a redesigned project is advisable, staff recommends a continuance to allow the applicant time to revise their plans accordingly should this course of action be sought. • Prepared by: 42W�O-"4 Ro alinh M. ung, so late Planner Submitted by: atricia L. Temple, PI nih ng Director Exhibits: 1. Planning Commission Resolution No. 2006- _ 2. Applicant's Letter of Request 3. Initial Study & Mitigated Negative Declaration (Errata, Revised Mitigation Monitoring & Reporting Program and Responses to Public Comments included)' 4. Project Plans ' Distributed separately due to bulk. Available for public review at the Planning Department EXHIBIT 1 PLANNING COMMISSION RESOLUTION 0 1a- is RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING THAT THE CITY COUNCIL ADOPT MITIGATED NEGATIVE DECLARATION (SCH NO. 2006- 021036) AND APPROVE GENERAL PLAN AMENDMENT NO. 2004- 009, CODE AMENDMENT NO. 2004 -012, USE PERMIT NO. 2004 -043 AND TRAFFIC STUDY NO. 2005 -006 FOR PROPERTY LOCATED AT 2101 DOVE STREET (PA 2004 -249) WHEREAS, an application was filed by Pendragon North America with respect to property located at 2101 Dove Street, and legally described as Lots 20, 21, 22, 40, 41, & 42 of Tract No. 3201, as shown on map recorded in Book 130, pages 25-30 of Miscellaneous Maps, in the Office of the County Recorder to redevelop a former industrial property into a vehicle service and storage facility. The application requests approval of a General Plan Amendment to change the land use designation of the property from Administrative, Professional & Financial Commercial to Retail & Service Commercial. The application also requests a Code Amendment to rezone the subject property from APF (Administrative Professional, Financial to RSC (Retail and Service Commercial) and a Use Permit to allow the operation of a vehicle service and storage facility. Finally, the application also requires a Traffic Study pursuant to the Traffic Phasing Ordinance (TPO). WHEREAS, on April 6, 2006, the Planning Commission held a noticed public is hearing in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California at which time the project application, the Mitigated Negative Declaration and comments received thereon were considered. Notice of time, place and purpose of the public hearing was given in accordance with law and testimony was presented to and considered by the Planning Commission at the hearing. WHEREAS, the project is located in the Campus Drive Area (Statistical Area 1-4) of the Land Use Element and has a land use designation of Administrative, Professional & Financial Commercial (APF) and is zoned APF (Administrative, Professional, Financial). WHEREAS, a General Plan Amendment to change the land use designation of the site from Administrative, Professional & Financial Commercial to Retail & Service Commercial is necessary since vehicle service and vehicle storage uses are only permitted as ancillary uses in the APF designation. The change in land use designation to RSC would allow vehicle repair as a primary use and vehicle storage would then be allowed as an ancillary use at the subject site. The change in land use would result in the 4.19 -acre site to be used for retail commercial uses as opposed to being used exclusively for office uses. The General Plan Amendment will not increase the potential building area entitlement but simply would allow the property to be improved with uses that are predominantly retail in character which provide goods and services to the general public. n U �3 City of Newport Beach Planning Commission Resolution No. _ Page 2 of 16 • WHEREAS, the proposed change of use and proposed vehicle related use will be compatible with the surround land uses which include a mixture of office and retail uses, a carwash /service station, automotive related uses and John Wayne Airport. Additionally, since APF and the RSC land use designations are both part of the City's commercial districts, many of the uses allowed within these two districts are the same and include vehicle service and storage. The vehicle service and storage facility, therefore, will be consistent with the proposed Retail & Service Commercial land use designation. WHEREAS, the proposed project results in the redevelopment of an older and underutilized property. With the improvements proposed to be made by the applicant, the value of the property will be increased. The proposed FAR of 0.32 is within the allowable floor area limits and the traffic generated by the proposed project will not exceed the level of service desired by the City as demonstrated by the Traffic Study. WHEREAS, Charter Section 423 requires all proposed General Plan Amendments to be reviewed to determine if the square footage, peak hour vehicle trip or dwelling unit thresholds have been exceeded and a vote by the public is required. As the request is a change in land use policy from APF to RSC, the maximum peak hour trips methodology has been used. According to Council Policy A -18, the broad list of uses permitted in the RSC, APF and RMC zones has the same average rate. The trip • generation rates are 3 for morning and 4 for evening peak hour trips per each 1,000 square feet of floor area. Based on these identical rates the proposed amendment will result in no additional peak hour trips. There would not be an appreciable difference in traffic generation, on average, in the event that the site was redeveloped consistent with either land use designation. Also, with all previously approved amendments, none of the Charter Section 423 thresholds would be exceeded. Therefore, a vote of the electorate would not be required. WHEREAS, the change in zoning designation from APF to RSC would not cause the property to become nonconforming under the RSC development standards. The proposed project complies with all development standards of the RSC zone including floor area, the 375 -foot height limitation zone, on -site parking, signage, lighting, building bulk and setbacks. WHERAS, the proposed location of vehicle service and storage facility and the proposed conditions under which it would be operated and maintained will not be detrimental to the public health, safety, or welfare of persons residing or working in or adjacent to the neighborhood. The subject property is surrounded by one and two -story office and commercial buildings, automotive related uses and John Wayne Airport. There is no surrounding residential that would be disturbed or could be impacted by the proposed use. n U lq • City of Newport Beach Planning Commission Resolution No. _ Page 3 of 16 WHEREAS, a Traffic Study has been prepared by RK Engineering Group, Inc. under the supervision of the City Traffic Engineer pursuant to the TPO and its implementing guidelines (Appendix D of the Mitigated Negative Declaration), CEQA analysis for cumulative projects and intersection capacity utilization (ICU), and General Plan analysis. The project will result in a net increase of 1,193 new average daily trips, 113 vehicle trips during morning (AM) peak hour and 102 vehicle trips during the afternoon (PM) peak hour. The study concluded that the proposed project will not cause a significant impact at the study area intersections as all intersections will operate at LOS D or better; therefore, no improvements are required at these intersections. WHEREAS, an Initial Study and Mitigated Negative Declaration (MND) have been prepared in compliance with the Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3. The Draft MND was circulated for public comment from February 9 to March 10, 2006. Comments were received from the Orange County Airport Land Use Commission, California Cultural Resource Preservation Alliance, Inc. and Department of Toxic Substances Control. The contents of the environmental document, including comments on the document, have been considered in the various decisions on this project. As result, it has been determined that the MND adequately describes the potential impacts of the project. • WHEREAS, on the basis of the entire environmental review record, the proposed project will have a less than significant impact upon the environment and there are no known substantial adverse affects on human beings that would be caused. Additionally, there are no long -term environmental goals that would be compromised by the project, nor cumulative impacts anticipated in connection with the project. The mitigation measures identified are feasible and reduce potential environmental impacts to a less than significant level. The mitigation measures are applied to the project and are incorporated as conditions of approval. NOW, THEREFORE, BE IT RESOLVED: Section 1. The Planning Commission of the City of Newport Beach does hereby find, on the basis of the whole record, that there is no substantial evidence that the project will have a significant effect on the environment and that the Mitigated Negative Declaration reflects the Planning Commission's independent judgment and analysis. The Planning Commission hereby recommends that the City Council adopt Mitigated Negative Declaration SCH No. 2006 - 021036, subject to the re- circulation of the Mitigated Negative Declaration pursuant to the CEQA Guidelines. 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. • Section 2. Based on the aforementioned findings, the Planning Commission hereby recommends that the City Council approve General Plan Amendment No. 2004- 0 City of Newport Beach Planning Commission Resolution No. _ Page 4 of 16 009 per revised Campus Drive Area (Statistical Area L-4) depicted in Exhibit "A" and Land Use map depicted in Exhibit "B ", and revision to Zoning Map depicted in "C ", Use Permit No. 2004 -043, and Traffic Study No. 2005 -006 all subject to Conditions of Approval in Exhibit "D" attached hereto and made part hereof. PASSED, APPROVED AND ADOPTED THIS 6th DAY OF APRIL 2006. AYES: NOES: ABSENT: BY: Michael Toerge, Chairman • BY: • Barry Eaton, Secretary • 16 • • n LJ City of Newport Beach Planning Commission Resolution No. _ Page 5 of 16 Exhibit "A" THE FOLLOWING CHANGES WILL BE MADE TO THE LAND USE ELEMENT AND OTHER PROVISIONS OF THE LAND USE ELEMENT SHALL REMAIN UNCHANGED: Campus Drive. This area is bounded by Campus Drive, MacAuthur Boulevard, Birch Street and Bristol Street North. The area is designated for Administrative, Professional and Financial Commercial and Retail and Service Commercial land uses. The maximum allowed floor area ratio is 0.5/0.75. j City of Newport Beach Planning Commission Resolution No. _ Page 6 of 16 is Exhibit "B" PROPOSED CHANGE TO THE GENERAL PLAN LAND USE MAP FROM ADMINISTRATIVE, PROFESSIONAL, & FINANCIAL COMMERCIAL TO RETAIL AND SERVICE COMMERCIAL. • • 6 • n U Zoning Districts City of Newport Beach Planning Commission Resolution No. _ Page 7 of 16 Exhibit "C" CHANGE TO THE ZONING MAP FROM APF TO RSC r 1 rf : 77, o� -AOWe��Masianald Flwuld Cmmpclal -HNW f SNYii� Com�wtiil ___....... Mmmtlttmlxindy X rv+ • ON 1 ;�V , PLACE 11 City of Newport Beach Planning Commission Resolution No. _ Page $ of 16 is Exhibit "D" CONDITIONS OF APPROVAL Use Permit No. 2004 -043 and Traffic Study No. 2005 -006 (PA2004 -249) The project is subject to all applicable. City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 2. The development shall be in substantial conformance with the approved plans date stamped of March 23, 2006. 3. Project approvals shall expire unless exercised within 24 months from the effective date of approval as specified in Section 20.91.050A of the Newport Beach Municipal Code. Reasonable extensions may be granted by the Planning Director in accordance with applicable regulations. 4. The Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit upon a determination that the operation which is the subject of this Use Permit • causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 5. Should this operation be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 6. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City- adopted version of the California Building Code. 7. The facility shall be designed to meet fire protection requirements and shall be subject to review and approval by the Newport Beach Building Department. Traffic Engineering 8. All parking stall dimensions shall comply with City's Standard Drawings STD - 805-L-A and STD - 805 -L -B. Sight distance at all entrances (monument signs, walls, display vehicles and landscaping etc.) shall conform to the City's Sight Distance Standard 110 -L. The design shall be reviewed and approved by the City Traffic Engineer. • City of Newport Beach Planning Commission Resolution No. _ Page 9 of 16 i 10. No deliveries shall occur on any portion of public right -of -way. All deliveries shall be handled on -site. All delivery routes shall be approved by the City Traffic Engineer. 11. Driveway approaches shall be constructed per City Standard STD - 160 -L, modified to comply with current ADA requirements. The driveway shall be minimum of 26 feet wide (measured from bottom X to bottom X). The abandoned driveway approaches shall be reconstructed per City Standard STD - 165 -L. 12. Parking plans shall be fully dimensioned. The center parking aisle near Campus Drive shall shift toward Campus Drive to improve the overall circulation within the parking area. 13. Gate openings shall be a minimum of 24 feet wide to accommodate two - directional travel. 14. A new driveway approach shall be provided on Dove Street for access to the customer parking area. The final location and design of the driveway approach shall be reviewed and approved by the Traffic Engineer. • 15. Staging of construction equipment shall not be permitted on the public right -of- way. 16. All work conducted within the public right -of -way shall be approved under an encroachment permit issued by the Public Works Department. 17. All walkways and planters within the parking lot shall be widened, where applicable, to act as wheel stops. The maximum allowable parking stall overhang is 2 feet 6 inches. Fire Department 18. Prior to the issuance of building permit, fire sprinkler contractor or fire protection engineer shall determine the use and viability of existing sprinkler system as the existing system may not be adequate for the proposed use. 19. Prior to the issuance of building permit, fire service shall be _ provided underground with a double backflow preventor. An encroachment permit from Public Works Department shall be required. A fire permit shall also be required. 20. Prior to the issuance of occupancy permit, the Fire Department connection to Dove Street shall be relocated and shall be within 150 feet of a fire hydrant. • 21. Fire sprinkler system shall be monitored indefinitely. 2,1 City of Newport Beach Planning Commission Resolution No. Page 10 of 16 • 22. Sprinkler demand may be increased depending on the types of materials stored in the inventory storage. 23. A special building features for high stockpile shall be required if the storage has piles, pallets, racks or shelves exceed 12 feet in height in the inventory area. 24. The applicant must indicate occupancy classification, type of construction and square footage comply with the 2001 Edition of the California Building Code. Development Services Engineering 25. Prior to the issuance of building permit, the applicant shall coordinate with the Orange County Transportation Authority to ascertain that the proposed frontage improvements along Birch Street will not conflict with OCTA operations. 26. Prior to the issuance of building permit, an ADA travel path shall be required between the Birch Street sidewalk and the new building. 27. The current sidewalk location within the Campus Drive right -of -way fronting this development shall remain as a "Path of Travel ". • 28. Given the existing topography, on -site drainage shall not be routed in a manner that would cause any spillage onto the existing development southerly of this project. 29. All surface runoff shall be directed toward and treated by an at/below grade storm water clarifier before the water can be discharged. 30. Except for storm overflows, no curb drains shall be installed to allow the discharge of polluted on -site runoff onto the public right -of -way. 31. Prior to the issuance of building permit, the existing curb drains along Dove Street shall either be eliminated or retrofitted for storm overflows only. New curb /gutter shall be constructed where the existing curb drains have been removed. 32. Prior to the issuance of building permit, depending upon the final site drainage design, additional on -site drainage provisions may be required. 33. Prior to the issuance of building permit, the existing curb access ramp at the southeast corner of Campus Drive /Dover Street and at the southwest corner of Dover Drive /Birch Street shall be reconstructed to comply with the current ADA • requirements. MIN E n U • City of Newport Beach Planning Commission Resolution No. _ Page 11 of 16 34. Prior to the issuance of occupancy permit, the existing uplifted /damaged /displaced concrete sidewalk, curb, and gutter that surround this development shall be reconstructed per City Standards. 35. Prior to the issuance of occupancypermit, all existing street trees shall be protected in place. Additionally, per Chapter 13 of the City of Newport Beach Municipal Code, new street trees shall be installed along the street frontages that surround this development. 36. Upon completion of construction, the existing red curbs that surround this development shall be repainted. The applicant shall reimburse the City for the cost of such work. 37. Prior to the issuance of occupancy permit, "No Parking" signs shall be installed along new red curbs per City Standards. 38. Upon completion of construction, the portion of the existing Campus Drive roadway fronting this development, from the easterly roadway edge of gutter up to the northbound No. 213 traffic lane line shall be grounded and capped with a 3- inch thick AC pavement overlay. New sprayable thermoplastic traffic striping and markings and raised pavement markers shall be installed within the limits of said roadway work. 39. In the event that the City's Birch Street roadway rehabilitation project is completed prior to the development construction completion, any damage done to the Birch Street new roadway pavement by the applicant will cause the applicant to repave the roadway at no cost to the City. Utilities Department 40. Prior to the issuance of building permit, the fire service shall be upgraded per STD 517 -L. 41. Prior to the issuance of buildina permit, a 2 -inch RPP backflow device shall be installed to the existing water meter. 42. Prior to the issuance of building permit, sewer cleanout at the property line shall be required. FN City of Newport Beach Planning Commission Resolution No. Page 12 of 16 • Building Department 43. The proposed project shall conform to the requirements of the Uniform Building Code, any local amendments to the UBC, and State Disabled Access requirements, unless otherwise approved by the Building Department. 44. Prior to the issuance of the grading or building permit, the applicant shall prepare a Water Quality Management Plan (WQMP) specifically identifying the Best Management Practices (BMP's) that will be used on site to control predictable pollutant runoff. The plan shall identify the types of structural and non - structural measures to be used. The plan shall comply with the Orange County Drainage Area Management Plan (DAMP). Particular attention should be addressed to the appendix section "Best Management Practices for New Development." The WQMP shall clearly show the locations of structural BMP's, and assignment of long term maintenance responsibilities (which shall also be included in the Maintenance Agreement). The plan shall be prepared to the format of the DAMP title "Water Quality Management Plan Outline" and be subject to the approval.of the City. Mitigation Measures of the Mitigated Negative Declaration • 45. The Project Applicant shall comply with SCAQMD Rule 403 requirements as follows: a. Exposed pits (i.e., gravel, soil, dirt) with 5 percent or greater silt content shall be watered twice daily, enclosed, covered, or treated with non -toxic soil stabilizers according to manufacturers' specifications. b. All other active sites shall be watered twice daily. c. All grading activities shall cease during second stage smog alerts and periods of high winds (i.e., greater than 25 mph) if soil is being transported to off -site locations and cannot be controlled by watering. d. All trucks hauling dirt, sand, soil, or other loose materials off -site shall be covered or wetted or shall maintain at least two feet of freeboard (i.e., minimum vertical distance between the top of the load and the top of the trailer). e. All construction roads internal to the construction site that have a traffic volume of more than 50 daily trips by construction equipment, or 150 total daily trips for all vehicles, shall be surfaced with base material or decomposed • granite, or shall be paved. 0 City of Newport Beach Planning Commission Resolution No. _ • Page 13 of 16 Streets shall be swept hourly if visible soil material has been carried onto adjacent public paved roads. g. Construction equipment shall be visually inspected prior to leaving the site and loose dirt shall be washed off with wheel washers as necessary. h. Water or non -toxic soil stabilizers shall be applied, according to manufacturers' specifications, as needed to reduce off -site transport of fugitive dust from all unpaved staging areas and unpaved road surfaces. i. Traffic speeds on all unpaved roads shall not exceed 15 mph. 46. During construction activities if any archaeological resources are encountered, all work shall cease in that area until a qualified archaeologist can evaluate the nature and significance of the find. If major archaeological resources are discovered which require long -term halting or redirection of grading, the archaeologist shall report such findings to the applicant and the City of Newport Beach Planning Department. The archaeologist, in consultation with appropriate agencies and Native American organization, shall determine appropriate action . which ensures proper exploration and/or salvage. 47. Prior to issuance of occupancy permit, the applicant shall provide verification (i.e., sample results) to the City of Newport Beach that on -site soils have been tested. Any soils encountered or removed during construction activities (particularly within the building's interior or behind the building near the loading dock) shall be sampled for total petroleum hydrocarbons (TPH) and volatile organic compounds (VOCs). If soil contamination is discovered, the applicant shall work with the City of Newport Beach and the appropriate regulatory agency to determine the appropriate action (i.e. remediation or excavation of soils). 48. Prior to issuance of building permit, the applicant shall submit verification to the City of Newport Beach that an asbestos survey has been conducted within the existing building. If asbestos is found, the Project Applicant shall follow all procedural requirements and regulations of South Coast Air Quality Management District Rule 1403. 49. Prior to issuance of occupancy Permit, the applicant shall file a Hazardous Materials Business Plan with the City Newport Beach Fire Department detailing all hazardous materials at the project site, storage methods, and spill prevention plans. F_ IL IS City of Newport Beach Planning Commission Resolution No. _ Page 14 of 16 • 50. Prior to issuance of occupancy permit, the applicant shall prepare and implement a Spill Prevention Control and Countermeasures Plan to the City of Newport Beach as mandated by the State Water Resources Control Board (SWRCB). 51. Prior to issuance of building permit, the applicant shall submit verification to the City of Newport Beach that lead -based paint and mercury surveys have been conducted within the existing building. If lead -based paint or mercury is found, the applicant shall follow all procedural requirements and regulations for proper removal and disposal of such hazardous substances. 52. Prior to issuance of grading or building permit, the applicant shall develop and submit a Notice of Intent (NOI) and Storm Water Pollution Prevention Plan ( SWPPP) to the Santa Ana RWQCB for compliance with the Statewide NPDES permit for construction activity. The SWPPP shall contain Best Management Practices (BMPs) to be implemented during construction to minimize impacts to local receiving water from pollutants in storm water runoff. The Project Applicant shall provide the City of Newport Beach with a copy of the NOI and their application check as proof of filing with RWQCB. 53. The applicant shall demonstrate implementation of appropriate source control and treatment control Best Management Practices as specified in the Draft Water • Quality Management Plan (WQMP) prepared by Walden & Associates dated October 7, 2004, subject to the approval of the Public Works Department. 54. Construction activities shall be confined to any weekday between the hours of 7:00 A.M. and 6:30 P.M. and on any Saturday between the hours of 8:00 A.M. and 6:00 P.M. 55. Noise - generating equipment operated at the project site shall be equipped with effective noise control devices (i.e., mufflers, lagging, and /or motor enclosures). All equipment shall be properly maintained to assure that no additional noise, due to worn or improperly maintained parts, would be generated. 56. The applicant shall comply with John Wayne Airport's Airport Environs Land Use Plan Noise Impact Zone I requirements to ensure the service advisor offices and customer lounge are sufficiently sound attenuated from the combined input of all present and projected exterior noise to meet 55 dBA Leq. These measures shall be incorporated during the detailed design stage of the project to comply with the minimum sound insulation requirement. The final design shall be subject to the approval of the Building Department. Achieving this level of sound insulation may include the followings: a. Installation of air - conditioning /mechanical ventilation such as the • interior space will not have to rely on open windows for ventilation; E. City of Newport Beach Planning Commission Resolution No. _ Page 15 of 16 • b. Installation of dual insulating glazed systems; C. Provision of doors and openings to the exterior with acoustic seals; d. Addition of additional wall insulation; and /or e. Provision of fitting vents with dampers and/or acoustic louvers. 57. Prior to issuance of building permit, the applicant shall pay a fair share contribution fee to the City of Newport Beach per Section 15.38 of the Municipal Code. 58. New landscaping shall incorporate drought - tolerant plant materials and drip irrigation systems where possible. 59. Water leaving the project site due to over - irrigation of landscape shall be minimized. If an incident such as this is reported, a representative from the Code and Water Quality Enforcement Division of the City Manager's Office shall visit the location, investigate, inform the tenant if possible, leave a note, and in some cases shut off the water. 60. Watering shall be done during the early morning or evening hours to minimize evaporation (between 4:00 P.M. and 9:00 A.M. the following morning) • 61. All leaks shall be investigated by a representative from the Code and Water Quality Enforcement Division of the City Manager's Office and the Project Applicant shall complete all required repairs. 62. Water should not be used to clean paved surfaces such as sidewalks,. driveways, parking areas, etc. except to alleviate immediate safety or sanitation hazards. 63. Reclaimed water shall be used whenever available, assuming it is economically feasible. Planning Department 64. Prior to the issuance of the building permit, the applicant shall submit a detailed landscape and irrigation plan prepared by a licensed landscape architect for the proposed landscape areas. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the Planning Department, General Services Department and Public Works Department. All planting areas shall be provided with a permanent underground automatic sprinkler irrigation system of a design suitable for the type and arrangement of the plant materials selected. The irrigation system shall be adjustable based upon either a signal from a satellite or an on -site moisture- sensor. Planting areas adjacent to vehicular activity shall be protected by a continuous concrete curb or similar permanent barrier. Landscaping shall be City of Newport Beach Planning Commission Resolution No. _ Page 16 of 16 • located so as not to impede vehicular sight distance to the satisfaction of the Traffic Engineer. 65. All landscape materials and landscaped areas shall be installed and maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 66. Prior to the issuance of occupancy Permit, the applicant shall schedule an inspection by the Code and Water Quality Enforcement Division to confirm that all landscaping materials and irrigation systems have been installed in accordance with the approved plans. 67. The applicant shall be responsible for the payment of all administrative costs identified by the Planning Department within 30 days of receiving a final notification of costs or prior to the issuance of a Building Permit. • • �e 0 EXHIBIT 2 APPLICANT'S LETTER OF REQUEST 0 n u Pendragon North America Automotive Inc. February 1, 2006 Project Descriptions Pendragon North America Automotive Inc. is proposing to convert the existing building located at 2101 Dove Street into a vehicle service center and storage facility. The project as proposed would require approval of a General Plan Amendment and Code Amendment to change the land use designation and zoning of the subject property from Administrative, Professional, and Financial to Retail Service Commercial. A Use Permit to allow the operation of vehicle service center and storage facility is also required. The majority of the improvements would occur within the building's interior. Minor exterior improvements would also occur including the construction of a main entrance, patio area, a service canopy, and a car wash. Additionally, the existing parking areas would be completely demolished and resurfaced. Upon completion of these improvements, the building would total 58,145 square feet which is 4,312 square feet less than the existing square footages. Proiect Overview Currently as the site stands the General Plan and Code Amendment does not have allow the use of automobile fixed operations and storage facility. Current city standards call for Professional, Retail, Financial or Commercial Land. The existing facility however due to its close proximity to Orange County Airport, does not lend itself to the existing allowable uses. The proposed Automobile operations center will be a better use since this type of business is more tolerable to the noise being produced by the ascending aircraft... The current use for this building was for industrial and/or manufacturing. The building has not been maintained and the entire site is in need of a facelift. The proposed modifications to the building and the site improvements will most definitely enhance the property. Description of Design Dove Street The designs of the facility at Dove Street incorporate extensive landscaping treatments we believe are conducive with, and appropriate to meet with the APF zone requirements for the area. The design is not typical of a traditional service facility, rather more similar to an office or business administrative building. An Innovative design incorporating specific glazing solutions will enhance and upgrade the appearance of the existing building to develop a building more conducive to a luxury customer environment. J U 01 • • Employees It is farther proposed to operate the facilities with 40 employees at the Dove Street Service Center which includes the Service and Parts Manager's who will be responsible for the activities on site, Technicians, Service Advisors, Parts personnel, Service Drivers and support staff. The following is a description of both employee and customer on site arrival and departure times which anticipates traffic flows at the Dove Street site. Employees Number of employees who will arrive between 7 -8 am and 8 -9 am; 27 & 33, respectively Number of employees who will leave between 4 -5 pm and 5 -6 pm; 35 & 25, respectively Service Center Activities To provide a fiuther explanation of our Service Center operation: the purpose of this document is to describe the average workday based on the shop consisting of approximately 25 work days with one technician assigned to each bay. The total Fixed Operations departments would consist of the following number of employees, each requiring a parking space: Approximately 50 vehicles per day would be serviced, a combination of internal dealership owned vehicles and customer vehicles. Most of these vehicles will be stored within the warehouse and shall be moved to be serviced as required. A total of 35% of these will be from customers and the bulk shall be made up warranty and general service for company owned vehicles. In addition to the automotive service aspect of this proposed building, the dove site will be used for partial storage to service the existing dealership at 1540 Jamboree. At this time vehicles are already stored offsite at the Dunes in Newport Beach. If a specific vehicle is required from this or the future location at Dove, Vehicles will be shuttled to the Newport beach dealership at 1540 Jamboree at that time. The new Dove location will serve as an overflow for the existing offsite storage currently in use by the dealer. Service Parts Manager I 1 Serv. Advisor/Parts Counter 4 5 Technicians 23 Clerical 2 1 Other 12 1 42 8 Approximately 50 vehicles per day would be serviced, a combination of internal dealership owned vehicles and customer vehicles. Most of these vehicles will be stored within the warehouse and shall be moved to be serviced as required. A total of 35% of these will be from customers and the bulk shall be made up warranty and general service for company owned vehicles. In addition to the automotive service aspect of this proposed building, the dove site will be used for partial storage to service the existing dealership at 1540 Jamboree. At this time vehicles are already stored offsite at the Dunes in Newport Beach. If a specific vehicle is required from this or the future location at Dove, Vehicles will be shuttled to the Newport beach dealership at 1540 Jamboree at that time. The new Dove location will serve as an overflow for the existing offsite storage currently in use by the dealer. 0 A general description of a day's activity is as follows: The Fixed Operations departments would have operating hours of 7:00 am to 6:00 pm Monday through Friday and 8:00 am through 5:00 pm on Saturday. Approximately one fourth of the entire Fixed Operations staff is required to operate the dealership Fixed Operations' department on a Saturday. Dealership personnel arrive at work at least one hour before the normal operating hours with the majority of the employees arriving between 6:30 am and 6:45 am. Customers would begin arriving approximately fifteen minutes before the normal opening time although this would be a minimal number of customers (possibly two or three). The majority of the customers (in excess of 50 %) would arrive between 9:00 am and 10:00 am and the balance would arrive to drop their vehicles off equality over the balance of the day. As vehicles are dropped off for service, vehicles are also being retrieved by customers. This also happens over the course of the day but over 50% arrive to pick up their vehicles after 5:00 pm on any evening. Customers will review their servicing needs with one of four Service Managers and a repair • order detailing the work to be completed will be presented to, agreed by and signed by the customer. This repair order will serve as the basis for the work completed by the Technicians. An adequate parking for dealership personnel and inventory vehicles will be provided within the building. Pendragon North America Automotive 28662 Marguerite Parkway, Mission Viejo, CA 92692 • 3?- • EXHIBIT 3 INITIAL STUDY & MITIGATED NEGATIVE DECLARATION (ERRATA, RESPONSE TO COMMENTS &REVISED MITIGATION MONITORING & REPORTING PROGRAM INCLUDED) (Distributed separately due to bulk. Available for public review at the Planning . 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