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HomeMy WebLinkAboutMariners Mile Gateway ((PA2004-130)CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 4 January 19, 2006 TO: PLANNING COMMISSION FROM: Planning Department David Lepo, Contract Planner (949) 553 -1427 diepo@hogleireland.com SUBJECT: Mariner's Mile Gateway - Development Plan No. 2004 -001, Use Permit No. 2004 -025 and Modification Permit No. 2005 -117 (PA2004 -130) 100 -600 West Coast Highway APPLICANT: Mariner's Mile Gateway, LLC RECOMMENDATION After review, adopt a Resolution adopting a Mitigated Negative Declaration and approving Development Plan No. 2004 -001, Use Permit No. 2004 -025, and Modification Permit No. 2005 -117 for development of a 56,000 square foot retail center with underground parking at 100 -600 West Coast Highway. DISCUSSION On December 8, 2005, the Planning Commission held a public hearing on an application submitted by Mariner's Mile Gateway, LLC for a Development Plan, Use Permit and Modification Permit for construction of a 56,000 square foot retail center on the northwest corner of West Coast Highway and Dover Drive. Because of the complexity and number of issues to be resolved, the public hearing was continued to January 5, 2006. At the conclusion of the January 5, 2006, public hearing, the Planning Commission provided direction on required findings for approval of the Development Plan, Use Permit, and the Modification Permit. The attached Resolution provides for adoption of the Mitigated Negative Declaration, sets forth the required findings for approval of each entitlement application, and includes conditions of approval for the proposed development. Staff has also provided revised responses to the comment letter from Caltrans and responses to the comments submitted by Don Krotee. The responses are contained within the attached erratum that augments and corrects the Mitigated Negative Declaration. Prepared by: Submitted by: David Lepo Patricia Temple Hogle- Ireland, Inc. Planning Director Exhibits: 1. Resolution 2. Errata to the Mitigated Negative Declaration including responses to additional comments Z RESOLUTION NO. _ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING DEVELOPMENT PLAN NO. 2004 -001, USE PERMIT NO. 2004 -025 AND MODIFICATION PERMIT NO. 2005 -117 FOR PROPERTY LOCATED AT 100 -600 W. COAST HIGHWAY (PA2004 -141). WHEREAS, an application was filed by Mariner's Mile, LLC, with respect to property located at 100 -600 W. Coast Highway and legally described as Lots 1 -17, inclusive of Tract 1210 as shown on a Map recorded in book 40, pages 45 and 46, requesting approval of a Development Plan for the construction of a 56,000 square -foot retail center, a Use Permit to establish building heights in accordance with Section 20.65.055 of the Municipal Code and a Modification Permit to allow reduction of the required setback abutting a residential district and to allow reduction of the minimum required width of the landscape planter along Coast Highway. WHEREAS, on December 8, 2005, the Planning Commission held a noticed public hearing in the City Council Chambers, 3300 Newport Boulevard, Newport Beach, California at which time the Development Plan, Use Permit, and Modification Permit were considered and comments from the public were received. 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. The public hearing was continued until January 5, 2006, at which time the applications were again considered and comment from the public was received. WHEREAS, the subject property is located within the Mariner's Mile Overlay District which requires approval of a Development Plan for the proposed project. WHEREAS, approval of the Development Plan requires findings by the Planning Commission that the proposed project is consistent with the design policies of the Mariner's Mile Strategic Vision and Design Framework, which findings consistent with Zoning Code Section 20.57.050 are as follow: Finding: To assure that development of properties in Mariner's Mile Overlay Area will not preclude attainment of the General Plan objectives and policies. Facts in Support of Finding: The proposed project is located on property designated Retail and Service Commercial in the Land Use Element of the General Plan, which allows retail uses and shopping centers. The proposed development will not preclude attainment of the General Plan objectives and policies and, specifically, Policy D of the Land Use Element in that the face of the slope that extends onto the project site that is proposed to be excavated to create the building pad has been graded over the years to accommodate development of the Coast Highway corridor. Additionally, the plateau above has also been altered during the development of the homes above. The significant alteration of the landform is such that it is no longer a unique natural 5" Planning Commission Resolution No. _ resource or natural land form within the meaning of Policy D. As such, excavation for the project as proposed will not preclude attainment of Policy D. Finding: 2. To protect and presence the value of properties and to encourage high quality development thereof in Mariner's Mile Overlay Area where adverse effects could Result from inadequate and poorly planned development and from failure to preserve where feasible natural landscape features, open spaces, and the like, and will result in the impairment of the benefits of occupancy and use of existing properties in such area. Facts in Support of Finding: The configuration of the site plan, the traditional architectural character of proposed buildings incorporating curvilinear accent walls, varied rooflines and heights, stone veneer exterior wall surfaces, and varied complementary exterior wall surfaces and colors are consistent with the highest quality of physical improvements in the City and, as such, will not result in the impairment of the benefits of occupancy and use of existing properties in the area. Consistent with recommendations for the Coast Highway corridor set forth in Mariner's Mile Strategic Vision and Design Framework, the proposed development results in consolidation of lots, elimination of curb cuts, planted median dividers in Coast Highway if approved by Caltrans, and will include the addition of a traffic signal that will improve access to businesses and promote pedestrian safety. As a condition of project approval, the project landscape plan must be consistent with the Coast Highway Edge Landscape illustrated in the Framework and is subject to Planning Commission review and approval. A sign program will be submitted by the applicant for review and approval by the Planning Commission to ensure consistency with Signage Objectives identified in the Framework. Development of the site as proposed will not result in degradation of natural landscape features or reduction in open space since the project site is currently developed and has experienced significant grading including substantial cuts into the face of the slope that extends onto the property such that the slope is manufactured and not a natural landscape feature. Finding: 3. To ensure that the public benefits derived from expenditures of public funds for improvement and beautification of streets and public facilities within Mariner's Mile Overlay Area shall be protected by the exercise of reasonable controls over the layout and site location characteristics of private buildings, structures and open spaces. Facts in Support of Finding: The only public expenditures are those associated with the existing abutting right of way. The project includes a widening of the highway and a new signalized intersection that will not impact these expenditures as the proposed improvements have been designed to accommodate existing and project related traffic in a safe manner. 51 Planning Commission Resolution No. Finding: 4. To promote the maintenance of superior site location characteristics adjoining Coast Highway, a thoroughfare of city wide importance; to ensure that the community benefits from the natural terrain, harbor and ocean; and to preserve and stabilize the grounds adjoining said thoroughfare, and to preserve and protect the property values in said areas. Facts in Support of Finding: The proposed project allows a wider visual corridor from the public street across the corner of the site to the bay. In addition, the project includes a right -of -way dedication and public improvements including new sidewalks and curb and gutter, and landscaping including palm trees adjacent to the public right -of -way where there are currently no plant materials. Demolition of existing, deteriorated and physically obsolete buildings to accommodate the proposed project will improve the visual character of the Coast Highway corridor. Grading of the site and subsequent construction will be consistent with requirements of the geotechnical report prepared for this project so as to stabilize and preserve the grounds on the site, the hillside above, and the Coast Highway right -of -way. The traditional architecture and quality of materials including stone veneer and slate roofs of project buildings represent significant investment that will improve the visual quality of Coast Highway so as to preserve, protect, and enhance property values in the area. WHEREAS, the applicant requested a Modification Permit for construction of a 43,000 square -foot, two -story building with no rear yard setback rather than the required minimum five -foot rear yard setback and for a reduction in the required minimum landscaped setback width, and the request for reduction in landscaped setback width was subsequently withdrawn by the applicant. Approval of the Modification Permit requires findings by the Planning Commission pursuant to Zoning Code Section 20.93.030 as to site characteristics that warrant reduction in the required minimum rear yard setback, which findings are as follow: t. The granting of the application is necessary due to practical difficulties associated with the property and that the strict application of the Zoning Code results in physical hardships that are inconsistent with the purpose and intent of the Zoning Code. Facts in Support of Finding: The project site is shallow (ranging between 105 feet to 156 feet) and the project includes a dedication of area for highway purposes that further reduces the depth of the lot by approximately 20 feet at the easterly property line to approximately 11 feet at the westerly property line. The effective depth of the lot ranges between 85 and 146 feet, respectively due to the widening of Coast Highway. The reduced lot depths do not accommodate an optimal retail center site configuration that situates surface parking and drive aisles in close proximity to all retail storefronts, typically between the street frontage and shops at the rear of the parcel. Elimination of the rear yard 7 Planning Commission Resolution No. setback assists in accommodating a more efficient site configuration for vehicular access and parking. 2. The requested modification will be compatible with existing development in the neighborhood. Facts in Support of Finding: The proposed project with the proposed setback modification would be compatible with existing development in the neighborhood because waiver of the rear yard setback accommodates placement of the 43,000 square -foot, two -story structure at a greater distance from the Coast Highway right -of -way near the intersection with Dover which allows for inclusion of a pedestrian courtyard and additional landscaping providing an attractive streetscape consistent with the highest quality of improvements in the area. Furthermore, the significant vertical and horizontal separation of the proposed shopping center and the homes behind at the top of the adjoining slope provide an adequate buffer equivalent or superior to a 5 -foot rear yard setback. Landscaped setbacks along the Coast Highway frontage will provide approximately 2,000 square feet of street -side landscaped area over and above the required minimum amount and will include plant materials consistent with the Mariner's Mile Strategic Vision and Design Framework and its intended objective of improving the streetscape of this section of Coast Highway. 3. The granting of such application will not adversely affect the health or safety of persons residing or working in the neighborhood of the property and will not be detrimental to the general welfare or injurious to property or improvements in the neighborhood. Facts in Support of Finding: Granting the modification will not affect the health or safety nor be detrimental to the general welfare of persons residing or working in the neighborhood because the vertical separation of more than 35' along the rear property line provides a significant buffer between the residences on the plateau to the rear of the project site and the proposed commercial buildings. The lot coverage of the proposed structures is consistent with the 0.5 Floor Area Ratio for properties in this area indicating that the extent of improvements are consistent with the intensity of development either existing or contemplated in this area. The reduced setback will allow additional excavation of the slope on the northerly portion of the property that will be accompanied by an increase in the height of the proposed retaining wall. These project characteristics will not be injurious to properties to the north on the plateau above the project site because of slope failure or landslides associated with this additional excavation and wall height because, as indicated in the Mitigated Negative Declaration prepared for this project, the orientation of the geologic structure in bedrock materials in the area along with the massive, dense nature of terrace deposits that overlie the bedrock are typically associated with slope stability. Moreover, the site is not located within identified seismic hazard or earthquake fault zones. Design and construction of the retaining wall will be predicated upon geotechnical reports prepared for this site and all applicable provisions of the Building and Grading Code to ensure safety. 0 Planning Commission Resolution No. WHEREAS, the applicant has requested a Use Permit for construction of a 43,000 square -foot, two -story building with maximum building height of 34'— 6" which is greater than the permitted 26' base height and for construction of a 13,000 square -foot building with maximum building height of 32'— 6 ", as modified by the applicant, which is also greater than the permitted 26' base height. Approval of the Use Permit allowing project buildings to exceed the permitted base height requires findings by the Planning Commission pursuant to Zoning Code Section 20.65.55 to permit as to project characteristics that warrant an increase in building heights, which findings are as follow: 1. The increased building height would result in more public visual open space and views than is required by the basic height limit in any zone. Particular attention shall be given to the location of the structure on the lot, the percentage of ground cover, and the treatment of all setback and open areas. Facts in Support of Findings: The increase in height to allow the second story on the 43,000 square -foot building and the increase in height of the 13,000 square -foot building will allow the overall addition of open space including a pedestrian courtyard on the easterly third of the project site between the building and Coast Highway. Inclusion of building area as a second story reduces the building footprint and allows for inclusion of the additional open space and a pedestrian courtyard. Moreover, the open space and pedestrian courtyard are visible to the public from both Coast Highway and Dover Drive and incorporate more than 2,000 square feet of landscaped area over and above the required minimum amount. This open space is in addition to the more than 7,000 square feet of right -of -way dedication which reduced the buildable lot area and, consequently, the amount of building volume at this location, resulting in a wider visual corridor from Coast Highway across Dover Driver to the Bay. The second level of the 43,000 square foot building is setback further from the first level providing open space visible to the public 2. The increased building height would result in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area than is required by the basic height limit in any zone. Facts in Support of Finding: The increased building height allowing for the second story and consequent step back of second story facades from those of the first story allow for greater variety in the overall building form, provide for a visual building transition from building pad to the slope and plateau at the rear of the structure, and allow for desirable amenities including outdoor pedestrian courts and dining areas on the second story of the 43,000 square That building. Additional building height allows for articulation of individual storefronts through variations in parapet heights and through inclusion of hip and gable roofs rather than all flat roofs. Moreover, curvilinear exterior stairways to the second story provide visual variety. Additional building height for the 13,000 square -foot building similarly allows a visual transition from the building grade at Coast Highway to the two-story structure and the landscaped retaining wall and slope that extend up to the plateau at the rear of the property. The additional height also allows for inclusion of a gable roof end on the Coast N Planning Commission Resolution No. Highway fagade that provides visual variety and contrast to the parapet walls on either side. Inclusion of a vertical tower element is also accommodated by the modification in permitted building height and provides visual balance to the east and south facades of this building. 3. The increased building height would not result in undesirable or abrupt scale relationships being created between the structure and existing developments or public spaces. Particular attention shall be given to the total bulk of the structure including both horizontal and vertical dimensions. The site is bounded on the south and east by West Coast Highway and Dover Drive, respectively, which provide significant roadway widths which are not overpowered by proposed building heights provided that the height of the westernmost building given its proximity to Coast Highway is reduced by 2 feet. The maximum building height for the 13,000 square -foot building at the parapet nearest the westerly property line will be 26'. The existing structure on adjoining property is 31' from the west property and approximately 21' in height. The horizontal separation in conjunction with a minimal 5- foot height difference between the buildings and viewed in the context of the broad Coast Highway roadway and the slope and plateau rising above the structures at the rear property lines will result in a streetscape with buildings of compatible scale and bulk. 4. The structure shall have no more floor area than could have been achieved without the use permit. Facts in Support of Finding: The Floor Area Ratio of the project is 0.50 which is the maximum permitted in the Retail Service Commercial District and the project, therefore, does not achieve any additional floor area due to the additional height. 5. The proposed location of the use permit 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. The project site is located in the Bayclub/Dover portion of the Mariner's Mile Area (Statistical Area 1-14) identified in the General Plan. The proposed project is designed for retail occupancies with a Floor Area Ratio of 0.50 consistent with the General Plan designation of this area for Retail and Service Commercial land uses with maximum allowable floor area ratio of 0.50/0.75. Granting of the Use Permit to allow increased building height will not affect the type or operational characteristics of retail uses permitted to occupy the building consistent with the Retail and Service Commercial designation of the General Plan and the corresponding Retail Service Commercial zoning designation and, therefore, will not result in establishment of land uses that are a detriment to the general welfare of persons residing or working in the area. The increase in building height pursuant to the Use Permit is less than significant relative to 0 Planning Commission Resolution No. the vertical and horizontal separation between the proposed shopping center and the homes behind at the top of the adjoining slope such that there will be no detriment to such properties. The existing commercial structure on adjoining property is 31' from the west property line of the subject property and approximately 21' in height compared with the nearest structure on the project site, which will be up to 26' in height such that the building masses and heights will be compatible and the project will not be a detriment to improvements on the adjoining commercial parcel by virtue of the increased height. West Coast Highway and Dover Drive, which abut the remaining sides of the subject site, provide significant roadway widths which are not overpowered by proposed building heights. 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 adopts Mitigated Negative Declaration SCH No. 20051 -01141 and the Mitigation Monitoring and Reporting Program included therewith. The documents and all material which constitute the record upon which this decision was based are on file with the Planning Director, City Hall, 3300 Newport Boulevard, Newport Beach, California. Section 2. Based on the aforementioned findings, the Planning Commission hereby approves Development Plan No. 2004 -001, Use Permit No. 2004 -025, and Modification Permit No. 2005 -117 all subject to Conditions of Approval in Exhibit "A" attached hereto and made part hereof. ADOPTED THIS le DAY OF JANUARY 2006. L-0 M- Michael Toerge, Chairman Jeffrey Cole, Secretary AYES: NOES: ABSENT: EXHIBIT "A" CONDITIONS OF APPROVAL DEVELOPMENT PLAN NO. 2004-0001 USE PERMIT NO. 2004-026 MODIFICATION PERMIT NO. 2005-117 GENERAL PLANNING CONDITIONS The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 2. The project shall be developed in substantial conformance with the plans included as Exhibit 8 to Planning Commission Staff Report dated December 18, 2005, for PA2004 -141 with revisions as shown on plans submitted to the Planning Commission for consideration at the January 5, 2006 hearing, except as modified by conditions herein. Development of the project site shall conform to all applicable Municipal Code requirements including those of the Zoning Code and Subdivision Code except as modified through approval of Use Permit No. 2004 -025 and Modification Permit No. 2005 -117. 4. Development Plan No. 2004 -001, Use Permit No. 2004 -025 and Modification Permit No. 2005 -117 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 5. This approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. 6. Should the property 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. 7. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use will be cause for revocation of this permit. PROJECT - SPECIFIC PLANNING CONDITIONS 8. Building heights for the multi- tenant structure shall be as shown on plans submitted with the application for Conditional Use Permit. Building heights for the single- tenant, westernmost structure shall be as follow: IZ Top of mansard roof Ridges of gable roofs Mid -point of hip roof on tower No more than 26' No more than 31' No more than 32'-6" 9. All future proposals to establish a Reduced FAR Use found in Table 20.63 of the Zoning Code shall require a Floor Area Ratio analysis to ensure that neither the base development allocation nor the maximum floor area ratio shall be exceeded. 10. Lighting shall be in compliance with applicable standards of the Zoning Code. Exterior on -site lighting shall be shielded and confined within site boundaries. No direct rays or glare are permitted to shine onto public streets or adjacent sites or create a public nuisance. Parking area lighting shall have zero cut -off fixtures and light standards shall not exceed 20 feet in height. 11. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Planning Director, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The applicant shall prepare photometric study in conjunction with a final lighting plan for approval by the Planning Director prior to the issuance of a building permit. Prior to issuance of the certificate of occupancy or final of building permits, the applicant shall schedule an evening inspection by the Code Enforcement Division to confirm control of light and glare. The Planning Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 12. Subterranean parking areas shall incorporate features such as warm lighting and a light colored painted ceiling to ensure uniform light levels throughout the structure. 13. The roof, equipment located on the roof and any mechanical equipment screens located on the roof of any new building shall be painted or otherwise treated in a consistent fashion such that they blend together in harmony with the overall architectural design of the building to reduce their visibility from above. Roof top equipment shall not be visible from West Coast Highway and shall comply with Section 20.65.070.6 of the Zoning Code. 14. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than is depicted below for the specified time periods unless the ambient noise level is higher: f3 Between the hours of TOOAM Between the hours of and 10:OOPM 10:OOPM and TOOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA f3 Residential Property located within 100 feet of a commercial 45dBA 60dBA 45dBA 50dBA property Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 15. Prior to the issuance of a aradina or building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Department. 16. Prior to the issuance of a gradina or building permit, the applicant shall provide the City with a performance bond or its equivalent to ensure timely completion of all shoring and retaining wall improvements represented on plans and drawings submitted for permit approval. The performance bond or its equivalent shall be in the amount of $6,500,000 (100% of the cost of such improvements), shall be issued with the City as beneficiary by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California and shall have an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Bests Key Rating Guide unless otherwise approved by the City Risk Manager. The bond or equivalent shall be released upon completion of construction of the shoring and retaining wall improvements. 17. Prior to the issuance of a grading or building permit for new construction, the applicant shall execute a waiver of all claims against the City for future liability or damage resulting from the approval to build the project. The form and content of the waiver shall be in a form acceptable to the office of the City Attorney and the waiver shall be recorded against the property in question. 18. Prior to the issuance of a building permit for new construction, the applicant shall cause the merger of all underlying lots into one single parcel or as an alternative, the parcels shall be re- subdivided in a manner consistent with all applicable laws such that the proposed buildings shall not cross underlying lot lines. 19. Prior to the issuance of a building permit, a sign program shall be submitted for Planning Commission review and shall be subject to Planning Commission approval. 20. Prior to the issuance of a Certificate of Occupancy, the applicant shall provide the text of a lease provision, in form acceptable to the City Attorney and to the Planning Director, that shall be included in each lease for the subject premises and requiring that all employees of the lessee park their respective vehicles on- site at all times and in the lowest level of the parking structure. 21. Prior to the issuance of a building permit, a landscape and irrigation plan prepared by a licensed landscape architect shall be submitted for Planning Commission review and shall be subject to Planning Commission approval. The plans shall incorporate drought tolerant plantings and water efficient irrigation practices. 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 located so as not to impede vehicular sight distance to the satisfaction of the Traffic Engineer. The proposed landscaping adjacent to the back of sidewalk fS shall be designed with provisions that will prevent irrigation and/or other runoff from spilling onto the sidewalk. 22. All landscaped areas between the Coast Highway right -of -way and on -site parking shall be a minimum four (4) feet in width consistent with requirements of the Zoning Code. 23. All landscaping shall be in compliance with all applicable requirements of the Zoning Code including but not limited to the hedge and palm row and bluff landscaping required pursuant to the Mariners Mile Strategic Vision and Design Framework. 24. One tree shall be provided for each four parking spaces on the surface parking lot. 25. 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. MITIGATION MEASURES 26. During clearing, grading, earth moving, or excavation operations, excessive fugitive dust emissions shall be controlled by regular watering or other dust preventive measures using the following procedures, as specified in the South Coast Air Quality Management Districts Rules and Regulations. • All material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. Watering shall occur at least twice daily with complete coverage, preferable in the late morning and after work is done for the day. • All material transported on -site or off -site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. • The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized so as to prevent excessive amounts of dust. • These control techniques shall be indicated in Project specifications. Compliance with this measure shall be subject to periodic site inspections by the City. • Visible dust beyond the property line emanating from the Project shall be prevented to the maximum extent feasible (AQ -1). 27. Project grading plans shall show the duration of construction. Ozone precursor emissions from construction equipment vehicles shall be controlled by maintaining equipment engines in good condition and in proper tune per manufacturer's specifications, to the satisfaction of the City Engineer. //0 Compliance with this measure shall be subject to periodic inspections of construction equipment vehicles by the City (AQ -2). 28. All trucks that are to haul excavated or graded material on -site shall comply with State Vehicle Code Section 23114, with special attention to Sections 23114(b)(F), (e)(2) and (e)(4) as amended, regarding the prevention of such material spilling onto public streets and roads (AQ -3). 29. Restaurant uses (i.e., food processing and preparation operations) shall adhere to SCAQMD Rules 1131 and 1138. Compliance with this measure shall be subject to inspection by the City, and SCAQMD if applicable (AQ -4). 30. In coordination with adjacent property owners, the project engineer shall perform an assessment of the existing drainage control systems that discharge into the site from upslope locations. Consideration shall be given to a final project design that would incorporate runoff originating from the rear of the upslope properties into the project drainage plan (GEO -1). 31. A qualified geologist shall observe the excavations at the site to map the geologic structure and to verify that the geologic conditions exposed in the excavations are consistent with those anticipated within the geologic evaluations. The project shall adopt recommendations of the geologist (GEO -2). 32. Any hazardous waste that is generated on -site shall be transported to an appropriate disposal facility by a licensed hauler in accordance with the appropriate State and Federal laws (HAZ -1). 33. The project applicant shall file a Notice of Intent with the State of California Regional Water Quality Control Board. A copy of the Notice of Intent acknowledgement from the State of California Regional Water Quality Control Board must be submitted to the City of Newport Beach before issuance of grading permits (HYD -1). 34. A Storm Water Pollution Prevention Plan ( SWPPP) shall be completed and approved by the City of Newport Beach for construction activities on -site. A copy of the SWPPP shall be available at the construction site and the SWPPP shall be implemented at all times. The SWPPP shall outline the source control and/or treatment control BMPs to avoid or mitigate runoff pollutants at the construction site to the maximum extent practicable (HYD -2). 35. Prior to completion of the final construction plans, the Applicant shall submit a dewatering plan for review and approval by the Santa Ana Regional Water Quality Control Board and the City of Newport Beach Department of Public Works. The Applicant shall comply with the approved dewatering plan (HYD -3). !-7 36. Prior to any dewatering activities, the Applicant shall obtain and comply with a general dewatering NPDES permit from the Santa Ana Regional Water Quality Control Board (HYD -4). 37. The Water Quality Management Plan (WQMP) completed for the project, which identifies Nonstructural and Structural BMPs and the entities responsible for the long -term inspection, maintenance and funding for all BMPs, shall be submitted for approval by the City of Newport Beach prior to the issuance of building permits (HYD -5). 38. All noise generating construction activities shall be limited to the hours of between 7:00 a.m. and 6:30 p.m. on weekdays and between 8:00 a.m. and 6:00 p.m. on Saturdays. Construction activities are prohibited on Sundays and Federal holidays. Refer to Ordinance 10.28.040, Construction Activity — Noise Regulations (Regulation of Construction Noise) of the City's Municipal Code (N- 1). 39. During all project site excavation and grading, the construction contractor shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers consistent with manufactures' standards (N -2). 40. The construction contractor shall place all stationary construction equipment so that emitted noise is directed away from noise- sensitive receptors nearest the project site (N -3). 41. The construction contractor shall locate equipment staging areas that would create the greatest distance between construction- related noise sources and noise - sensitive receptors nearest the project site during all project construction (N-4). 42. The cooling tower structure (except the rooftop) shall be composed of a material that has a density of 3.5 pounds per square foot of surface area. Noise levels emanating from the cooling tower shall not exceed an A- weighted sound pressure level of 55 dBA. Additionally, upon final design, the angle of the rooftop louvers shall be set so that noise is directed away from the residences on the bluff along Kings Road (N -5). 43. Upon final design, the project applicant shall orient the parking structure ventilation intake /exhaust components away from both residential and on -site uses (N -6). 44. Balboa Bay Club Driveway/West Coast Highway (SR -1) — The project applicant shall make a fair share contribution to re- stripe /widen the westbound West Coast Highway (SR -1) approach from one left -turn lane, two through lanes, and one defacto right -turn lane to consist of one left -turn lane, two through lanes, and one shared through /right -turn lane (TR -1). 18 45. Driveway 1/West Coast Highway (SR -1) — The project applicant shall re- stripe/widen the westbound West Coast Highway (SR -1) approach from two through lanes and one dedicated right -turn lane to consist of two through lanes and one shared through /right -turn lane. West Coast Highway (SR -1) west of the Driveway 1M/est Coast Highway (SR -1) intersection would need to be widened by approximately two feet plus a 50 to 1 taper to accommodate the additional through lane (TR -2). 46. Any obstacles within the parking facility (i.e., building columns, mechanical building systems, reduced overhead clearances, etc.) shall be clearly marked to alert motorists to potential conflicts (TR -3). 47. Site access intersections shall be clear of any visual obstructions (i.e., landscaping, monumentation and /or signing, aboveground utilities, etc.) that could impair drivers' sight distance (TR -4). PUBLIC WORKS 48. All improvements shall be constructed as required by Ordinance and the Public Works Department, and shall be completed prior to issuance of a Certificate of Occupancy. 49. The intersection of the driveways with West Coast Highway shall be designed to provide sight distance for a primary roadway per City of Newport Beach Standard Drawing STD -110 -L for a speed of 45 MPH. Slopes, landscaping, walls, signs, and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight lines (sight cone) shall not exceed 24- inches in height and the monument identification sign must be located outside the line of sight cone. The sight distance may be modified at non - critical locations, subject to approval of the Traffic Engineer. 50. The onsite parking and vehicular and pedestrian circulation systems shall be subject to further review and approval by the City Traffic Engineer. 51. The applicant shall provide wheel stops or other approved protective barrier methods as necessary within the parking areas. The parking spaces shall be marked with approved traffic markers subject to the approval of the Public Works Department or painted white lines not less than 4 inches wide. All parking and maneuvering areas shall meet minimum dimensional standards per City of Newport Beach Standard Drawing STD- 805 -L -A unless otherwise modified by the Traffic Engineer. 52. The parking lot shall have prominent pavement arrows and signage to facilitate proper circulation within the parking area. Signage and pavement markings shall be shown on the site plan and shall be subject to the review and approval of the Public Works Department. Iq 53. Add to Public Works Note No. 3 on Sheet A -1, "The map to be submitted to the City of Newport Beach shall comply with the City's CADD standards. Scanned images shall not be accepted" 54. Detailed plans for the on -site drainage system shall be subject to further review by the Development Services Engineer. 55. ADA compliant curb access ramps shall be installed along the Dover Drive and Coast Highway frontages. 56. The limit line and the STOP pavement legend proposed for vehicles exiting the most easterly driveway shall be installed on private property so that stopped vehicles will not impede pedestrian traffic. 57. A sidewalk easement is required for the portions of the proposed 8 -foot wide sidewalk fronting West Coast Highway that is within private property. 58. City and Caltrans approvals are required for all private landscaping proposed on plans sheet no. LCP -1 within the Dover Drive and West Coast Highway respective rights -of -way. 59. Provide details to the Development Services Engineer as to how the existing sanitary sewer main between Coast Highway and King's Road will be constructed to maintain current service levels. Any alteration to the existing sewer main and /or easement alignment will require the applicant to prepare all of the necessary easement exhibits and legal descriptions. The applicant is responsible for all of the construction costs. 60. The drive aisle located near the 13,000 square foot building and nearest to Coast Highway shall be designated one -way toward Dover Drive. 61. Ramp slopes to the subterranean parking area shall not exceed 15 %, per City Standard STD - 160 -L -B and STD - 160 -L -C. A maximum of 11% grade change is permitted (not sure what this means ? ? ?). 62. Delivery vehicles are prohibited to park on the public right -of -way. All deliveries are to be handled on -site. 63. A total of six (6) loading spaces shall be provided on -site. 64. All dead end drive aisles shall have a designated turnaround area adjacent to a 5 -foot hammerhead. The hammerhead area shall continue across the entire drive aisle. 65. Parallel parking stalls shall have 4 -feet of red curb between stalls to enable sufficient maneuvering room. 66. No storage of equipment or materials shall be allowed on Dover Drive or Coast 0 Highway. No construction vehicle staging shall be permitted on Dover Drive or Coast Highway. 67. All driveways shall have a minimum width of 28'. 68. The Dover Drive sidewalk shall be 12' wide. 69. The easterly driveway and ramp to the subterranean parking areas shall be configured to accommodate u-tum movements from Coast Highway to the subterranean parking area. 70. New street trees shall be planted in accordance with the City of Newport Beach Municipal Code and Council Policies. Existing street trees along the development frontage shall be relocated and replanted along same frontage after the street widening work has been completed. 71. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagpersons. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. 72. Utility connections for new buildings shall be underground to the nearest appropriate pole in accordance with Section 20.57.040 of the Municipal Code. 73. New curb and gutter, sidewalk and driveway approaches shall be constructed where necessary along the West Coast Highway frontage of the property in accordance with an encroachment permit issued by the California Department of Transportation ( Caltrans). Street improvements as well as drainage and utility improvements within Caltrans right -of -way shall be shown on standard improvement plans prepared by a licensed civil engineer. Existing non - standard concrete sidewalk panels within the public right -of -way shall be reconstructed with standard concrete sidewalk panels through a permit issued by Caltrans. 74. Catch basins are to be constructed at all locations where drainage from surface runoff is proposed to be discharged through curb outlets. Each catch basin shall be a standard type catch basin with a concrete bottom a fossil filter system. The objective is to improve the quality and decrease the quantity of water runoff by providing for on -site percolation to the maximum extent possible. 75. All work conducted within the public right -of -way shall be approved under an encroachment permit issued by Caltrans. 76. Temporary signs shall be prohibited in the public right -of -way unless otherwise approved by the Public Works Department in conjunction with the issuance of an encroachment permit or encroachment agreement. 77. During clearing, grading, earth moving, or excavation operations, excessive fugitive dust emissions shall be controlled by regular watering or other dust 01 preventive measures using the following procedures, as specified in the South Coast Air Quality Management Districts Rules and Regulations: • . All material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. Watering shall occur at least twice daily with complete coverage, preferable in the late morning and after work is done for the day. • All material transported on -site or off -site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. • The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized so as to prevent excessive amounts of dust. • These control techniques shall be indicated in Project specifications. Compliance with this measure shall be subject to periodic site inspections by the City. • Visible dust beyond the property line emanating from the Project shall to the maximum extent feasible. 78. Project grading plans shall show the duration of construction. Ozone precursor emissions from construction equipment vehicles shall be controlled by maintaining equipment engines in good condition and in proper tune per manufacturer's specifications, to the satisfaction of the City Engineer. Compliance with this measure shall be subject to periodic inspections of construction equipment vehicles by the City. 79. All trucks that are to haul excavated or graded material on -site shall comply with State Vehicle Code Section 23114, with special attention to Sections 23114(b)(F), (e)(2) and (e)(4) as amended, regarding the prevention of such material spilling onto public streets and roads. 80. A qualified geologist shall observe the excavations at the site to map the geologic structure and to verify that the geologic conditions exposed in the excavations are consistent with those anticipated within the geologic evaluations. The project shall adopt recommendations of the geologist. 81. Any hazardous waste that is generated on -site shall be transported to an appropriate disposal facility by a licensed hauler in accordance with the appropriate State and Federal laws. 82. A hydrology and hydraulic study for the project shall be prepared by a licensed civil engineer, along with a master plan of water, sewer, and storm drain facilities for the on -site improvements prior to issuance of a grading permit. Any modifications or extension to the existing storm drain, water and sewer systems that the study shows to be required shall be the responsibility of the developer. Z 1 The hydrology and hydraulic study shall be limited to on -site analysis, except that analysis of waters to be accepted and drained from upslope properties shall also be included in the analysis. Analysis of downstream impacts will not be included in the analysis. 83. Prior to completion of the final construction plans, the Applicant shall submit a dewatering plan for review and approval by the Santa Ana Regional Water Quality Control Board and the City of Newport Beach Department of Public Works. The Applicant shall comply with the approved dewatering plan. 84. Prior to any dewatering activities, the Applicant shall obtain and comply with a general dewatering NPDES permit from the Santa Ana Regional Water Quality Control Board. 85. Each building shall be served by an individual water and sewer connection. The water meter and sewer clean out, if located within the proposed driveway, shall have a traffic -grade box and cover. 86. All on -site power poles along the northerly property line shall be protected in place during construction unless undergrounding of the electrical line is proposed. If undergrounding of the electrical line is proposed, work shall be completed in compliance with all applicable requirements of the City and the electric provider. 87. Arrangements shall be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain a building permit prior to completion of the public improvements. 88. Prior to issuance of a grading permit, the applicant shall prepare a construction phasing plan and construction delivery plan that includes routing of large vehicles. The plan shall include a haul route plan for review and approval of the Public Works Department. Said plan shall specify location of disposal site(s), the routes to be traveled, truck staging, times of travel, total number of trucks, number of trucks per hour, time of operation, safety/congestion precautions (e.g., signage, flagmen), and other details as may be required by the Traffic Engineer. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. Said plan shall indicate locations, numbers, and access to parking stalls for employees and contractors. • The permissible number of haul truck trips per day during grading operations shall be determined consistent with South Coast Air Quality Management District pollutant emissions criteria and the analysis set forth in memorandum of December 21, 2005, from RBF Consulting relative to Mariner's Mile Construction — Haul Truck (Air Quality Emissions). • Haul truck trips from the project site to the disposal site and back during grading operations shall be restricted to the route approved by the Traffic 23 Engineer. The approved haul truck route shall be configured so as to minimize disruption of traffic on Coast Highway and affected intersections and shall be consistent with the VMT criteria in Attachment 1. • Haul truck trips during grading operations and occurring from and after June 15th through September 15th shall be limited to the non -peak hour traffic period between 10 AM and 3 PM, Monday through Friday. No haul truck trips shall be permitted on Saturdays, Sundays, and legal holidays during this period. Haul truck trips during grading operations and occurring from and after September 16h through June 14th shall be limited to the non -peak hour traffic period between 9 AM and 4 PM, Monday through Friday. Haul truck trips shall be permitted on Saturdays between the hours of 8 AM and 3 PM during this period. No haul truck trips shall be permitted on Sundays or legal holidays during this period. 89. Prior to issuance of a grading permit, in coordination with adjacent property owners, the project engineer shall perform an assessment of the. existing drainage control systems that discharge into the site from upslope locations. Consideration shall be given to a final project design that would incorporate runoff originating from the rear of the upslope properties into the project drainage plan. 90. Prior to issuance of a grading permit, the project applicant shall file a Notice of Intent with the State of California Regional Water Quality Control Board. A copy of the Notice of Intent acknowledgement from the State of California Regional Water Quality Control Board must be submitted to the City of Newport Beach before issuance of grading permits 91. Prior to issuance of a grading permit, a Storm Water Pollution Prevention Plan ( SWPPP) shall be completed and approved by the City of Newport Beach for construction activities on -site. A copy of the SWPPP shall be available at the construction site and the SWPPP shall be implemented at all times. The SWPPP shall outline the source control and /or treatment control BMPs to avoid or mitigate runoff pollutants at the construction site to the maximum extent practicable. 92. Prior to issuance of a building permit, the Water Quality Management Plan (WQMP) completed for the project, which identifies Nonstructural and Structural BMPs and the entities responsible for the long -term inspection, maintenance and funding for all BMPs, shall be submitted for approval by the City of Newport Beach prior to the issuance of building permits. 93. Prior to issuance of a building permit, the project applicant shall make a fair share contribution to re- stripe/widen the westbound West Coast Highway (SR -1) approach from one left -turn lane, two through lanes, and one defacto right -turn zy lane to consist of one left -turn lane, two through lanes, and one shared through /right -turn lane at Balboa Bay Club Driveway/West Coast Highway (SR- 1). 94. Prior to issuance of a building permit, applicant shall submit a traffic signal synchronization study prepared by a registered traffic engineer for review by the City's Traffic Engineer. 95. Applicant's request for traffic signal approval to Caltrans shall include the synchronization study after approval by the City's Traffic Engineer together with a statement that the City's approval of the project was, in part, based on an expectation that the proposed traffic signal would be fully synchronized with existing traffic signals. 96. The traffic signal to be installed at the project entrance shall be equipped with an Opticom System controller. 97. Prior to issuance of a building permit, the applicant shall pay the project's fair share traffic contribution in accordance with Chapter 15.38 of the Municipal Code. Public Works Department plan check and inspections fees shall be paid prior to the issuance of applicable permits. 98. Prior to issuance of a Certificate of Occupancy, the project applicant shall re- stripetwiden the westbound West Coast Highway (SR -1) approach from two through lanes and one dedicated right -turn lane to consist of two through lanes and one shared through /right -tum lane. West Coast Highway (SR -1) west of the Driveway 1/West Coast Highway (SR -1) intersection would need to be widened by approximately two feet plus a 50 to 1 taper to accommodate the additional through lane at Driveway 1/West Coast Highway (SR -1). 99. Prior to the issuance of a Certificate of Occupancy, the applicant shall complete all required off -site improvements including roadway widening and traffic signal installation. BUILDING DEPARTMENT 100. The applicant shall obtain all applicable permits from the City Building Department. The construction plans must comply with the most recent, City- adopted version of the California Building Code unless otherwise approved by the Building Department. The construction plans must meet all applicable State Disabilities Access requirements. FIRE DEPARTMENT 101. The applicant shall obtain all applicable permits from the City Building Department. The construction plans must comply with the most recent, City - adopted version of the California Fire Code unless otherwise approved by the Fire Department. I zSr 102. Automatic fire sprinklers shall be required for all new construction. The sprinkler system shall be monitored by a UL certified alarm service company where the number of sprinklers is one hundred or more. 103. Approved numbers or addresses shall be placed on all new and existing buildings in such a position that is plainly visible and legible from the street or road fronting the property. Said numbers shall be of made of non - combustible materials, shall contrast with their background, and shall be either internally or externally illuminated to be visible at night. Number shall be no less than six inches in height with a one -inch stroke. Z6 Mariner's MNe Gateway Project b« . 1nlNel StudyMNgeted NagaNve Declaration ERRATA The top paragraph on page 4.3-0 of the Initial StudyM6tigated Negative Declaration will be revised as follows: northern portion of the project site and construction of a retaining wall ranging from sic feet in height at the east end of the project site to 55 feet in height at the west end of the site. It is anticipated that approximately 190,000 cubic feet (W) of 4M istim ort -site gructural majoal fi.e.: buildings and asohalt would be axcc&mW > (4,318 W per day). Following demolition. igarthwork activities would primarily be limited to grading and excavation for building footprints, streets, parking and drainage. It is anticipated that approximately 90,000 cubic yards of dirt would be hauled off -site? The revised text also Includes a new footnote, which will be added to the bottom of page 4.3.4. 2. The fifth full paragraph on page 4.3-4 will be revised to read as follows: Construction Eauigment and Worker Vehicle Exhaust. Exhaust emissions from construction activities include emissions associated with the transport of machinery and supplies to and from the project site, emissions produced on4te as the equipment is used, and emissions from trucks transporting materials to and from the site. Emitted .pollutants would include CO, ROG, NOx, and PMxo. Dudpa earthwork and excavation activities, Additieaally, the proposed project would require the use of haul trucks to export approximately 90,000 cubic yards of soil from the project area. As presented in Table 4.3-2 construction equipment and worker vehicle exhaust emissions would be less than significant for all criteria pollutants. Therefore, air quality impacts from equipment and vehicle exhaust emission would be less than significant. REVISED COMMENTS AND RESPONSES Madnees Mile Qataway Project lnlgal Study/Afiggated Negative Oeciaraftn 3� LETTER C STATE OF CAL1MWUA--WJMN CC Ta MPO TAMON7 AM M3STM AGENCY ARM IQ C DEPARTMENT OF TRANSPORTATION DISTRICT 12 3337 MICHELSON DRIVE SUITE 380 IRVINE, CA 92612 -8894 RECEIVED BY presyoaspawerr PLANNING DEPARTMENT Be CMVV effidew! December 6, 2005 CITY OF NEWPO r BEACH Mr. David Lepo Planning Department City of Newport Beach 3300 Newport Blvd PO Box 1768 Newport Beach, CA . 92658 -8915 Dear Mr. Lepo: DEC 0 9 2005 1819110 pi Ily IVA* File: IGR/CEQA SCH #: 2005101141 Log#: 1654 Route: SR -I Thank you for the opportunity to review and comment on the Initial Study/Mitigated Negative Declaration dated October, 31, 2005, for the Matinees Mile Gateway Project. The project is located at the northwest comer of Dover and Pacific Coast Highway (PCH) in Newport Beach.: . Caltrans District 12, as a responsible agency on this project, has the following comment: • The project proposes to conduct de- watering activities. Encroachment permits issued by C Caltrans do not cover discharge of treated or untreated groundwater within Caltrans' right of way. , • Level of Service and intersection analysis on State Route (SR)-1 .must use the I C2 methodology outlined in the Highway Capacity Manual. The Manual is available online at hM: / /www.dot.ca.aov/h /gound/g_uidaucehtm. • Trip forecast rates for SR -1 must be based on those in the ITB Trip Generation Manual, 7d' ( C3 edition. • Please include an analysis using future conditions 25 years after project completion to I C4 correctly evaluate. the impact of the project on the State highway. • Since the .project proposes to widen and change the existing alignment along PCH, { C5 potential impacts on bicycle traffic, pedestrians, and street parking must be included in the If analysis: • The proposed traffic signal at the intersection of Driveway 1 and PCH cannot be included in the project until a request for Traffic Signal Warrant Analysis is formally submitted and �C6 approved. The informal request for a signal at this location has not been approved. If you have.any questions or need to contact us, please call Barbara Gossett at (949)14¢4.461. "Cafa improves m"Iy across Calpmla" 31 Mr. David Lepo December 6, 2005 Page 2 Sincerely, Robert F. Josep ief IGR/Community Planning Branch C: Terri Pencovic, HQ IGR/Community Planning Terry Roberts, OPR Isaac Alonso Rice, Caltrans District 12 Traffic Operations Hector Salas, NPDES Unit "Caftme i"p vVes:mobility across C¢Gjoinfa" .. 3Z a Mariner's Mile Gateway Project Initial StudyINUgated Negative Declara fon C. RESPONSES TO COMMENTS FROM ROBERT F. JOSEPH, CHIEF, IGR/COMMUNITY PLANNING BRANCH, STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION; DATED DECEMBER 6, 2005. C1. Comment acknowledged. Dewatering permits will need to be obtained from the California Regional Water Quality Control Board and encroachment permits will need to be obtained from Caltrans. Any additional permits required for the proposed project will be obtained from the appropriate agency. C2. The traffic study was prepared in accordance with the City of Newport Beach Traffic Phasing Ordinance (TPO) requirements. C3. In accordance with City of Newport Beach TPO requirements, trip generation rates utilized in the Traffic Impact Analysis were based on the Newport Beach Traffic Analysis Model (NBTAM). C4. While neither a General Plan Amendment nor a Zone Change is required for the proposed project that would necessitate a long -range traffic analysis; a cumulative traffic conditions scenario was prepared to satisfy the requirements of CEQA. While the traffic study satisfies the City of Newport Beach's TPO requirements, Caltrans may later require future year 2030 analysis to satisfy Caltrans requirements. The comments raised in C2 through C4 identify data and methodologies typically used by CaWans for projects undertaken by Caltrans, and are not required of the proposed project by the City of Newport Beach. The proposed project prepared a traffic study in compliance with the City's requirements for a land development project C5. As identified on page 4.15 -30 of the Initial Study/Mitigated Negative Declaration, development of the proposed project would be required to comply with City of Newport Beach parking rules and regulations; no significant parking impacts are forecast to occur. As also identified on page 4.15 -30 of the Initial Study /Mitigated Negative Declaration, implementation of the proposed project would cause no conflicts with adopted policies supporting bicycle accesslparking. C6. As identified on page 4.15 -20 of the Initial Study/Mitigated Negative Declaration, the proposed Driveway 11West Coast Highway intersection satisfies the MUTCD Interruption of Continuous Traffic signal warrant. The warrant analysis has been submitted to and approved by the City of Newport Beach for use in the traffic study. JN 10.103821 9 Comments and Raspon8es January 10, 2006 33 W P&R Mar/ner's Mlle Gateway Project Initial Studyffilgated Negetive Doclaratlon ADDITIONAL COMMENTS AND RESPONSES 3 `� LETTER 1 From: "Don Krotee" <dkrotee@krotee.com> To: <JCampbell@city newport- beach.ca.us> Date: 11/29/2005 4:59 PM —"-Subject: -- Manners ewa -- - -- - - - _ - -- CC: <bbrooks1000@yahoo.com>, <bill@staterbuilders.com >, <bstuart@sycr,com >, "John Sturgess" <john@sturgesscompany.com>, <Corkin @aolxom>, <adamshaus @earrhlink.net>, "GTP" <gtp @olrill.com> ' Please include these comments in the record as bein g sent prior to the close of requested comments. The Neighborhood Association and myself personally, have questions and concerns as follows: . 1. Traffic- how is it assumed that another traffic signal is 'mitigation' when if has to slow traffic on an already 11. congested PCH. . I Z 2. How did the TPO numbers turn out? G 3. It seems obvious that the west bound 'bottle neck' would be shifted west via this projects improvement as 13 they are widening a portion of their frontage. Why would the City not require or at least explore the idea of joining the sections of 3 lanes and having the developer participate in their fair share of this improvement? 4. From the broadest perspective, Ind in regard t traffic the project trades the existing 19,000 SF, for approximately three times this much area (about 3x as much) using less than one third of the original. 14 ingress/egress opportunities (certainly more organized). The lay observations are cause for concern that are not dispelled by the Traffic study. 5. Excavation and construction- the impacts of construction and the duration of construction are i considerable and mitigation measures should be considerable if the project should move forward. The 15 improvements of PCH, and a full address of number 3 above, should be in hand before building permits are pulled on the on site work. 6. Air Quality- if the project excavates twice the amount of St. Andrews proposal and St. Andrews technically failed or arguably nearly failed at air quality, how can it be found that air quality will not fail on this project? In regard to this very important air quality issue, approximately 6,000 export truckloads 16 could be reasonably assumed on PCH and north along northerly arterials. If the Initial Study would find that these air quality concerns can be mitigated (and sands the applicant toward a MND) without being technically assessed, we find serious questions in regard to the technical air quality findings and CEQA being satisfied. 7. Modification of the rear setback (one of 4 levels of permission placing the project before the PC) intends to massively grade and irreparably change bluffs that are subject to Policy'D'. The definition is by PC: 1% L �Pmwt of Coastarl Muff S . Nattual tea s.� as i� soea�o sect envb=axiatal tip.. A3 gel. in Sis: Seadaiag "m. 'is a x>MU'W Ub&% m :bavlag:ar gyefte slope.,of 26:6 d s.` 5Q esl. �?ise of .fea or. 91=90M. *. #bees as. Sam give s6on -as. o, t �illty of.this s 'fio a g0t- 1Ac1WWfX1r4 'Z dexanitudon as to whedlei not the spec ffic landfo m wasidUves a consw.b1z �fA, a Wi be*in by itl Cotumi mou, consiswat WAh the puwses oftms tregwaflwL 3S In making a decision regarding the preservation of the bluffs, the PC might consider that this action is before them for permission. This is not permitted construction. Even 'permitted construction' requires that grading be sensitive in the area of slope as shown in the re -print of the policy. I RY.4P., W10H i ° 11FIF R, l'0 t All P If the PC is to minimize the grading of natural land forms based on this policy, why would staff recommend or the PC consider for approval, a project whose application asks for a modification to the rear setback, so more of the natural land form can be eradicated? This seems to be a clear suggestion to collapse policy to allow . development. Don Krotee, President Newport Heights Improvement Association neighborhood hotline 9493553280 personal cell 7f4- 329 -3036 17 �'6 From: "Don Krotee" <dkrotee@ rotee.com> To: <JCampbell@city.newport- beach.caus> Date: 12/30/2005 5:27 PM Sii6jecf: Mariners eway - - -- -- — —' - -- CC: <gtP @ohiU -com>, <stmtaland@earthlink.net>, 'Barry aaton" <eatan727 @earthlink.net>, <SWood@citynewport- beach.ca.us> Hi Jim: I know there is no statutory requirement for the staff or the consultant(s) to form responses to the questions and concerns posed by the communities in this, or any, development process. But, there are such responses given in other Cities and perhaps in this City, there should be. Attached please find the original comments to the MND. Since then I have attended a presentation by the owner and received the plans and MND document and the technical appendices. I have come to the conclusion that the neighborhoods are very concerned about 3 of the issues originally cited in my original communication. First, is excavation and construction. The impacts of construction and the duration of construction are considerable and the noise mitigation measures should be considerable. Second, the air qualhy.resultant from the demo and hauling has never been more in question. I understand that the consultant assigned the responsibility to measure the impacts of truck traffic has determined that it is : "infeasible ". Does this mean that they can't figure how to work the model nor does this mean that there are so many variables that they are not sure of the answer? Or does it mean that there could be so much truck traffic, (the figure of 10,000 trucks has been discussed as feasible) down below the neighborhoods, for so long, that no assessment of the impacts can be made. The suggestion that such extensive truck tasks can not be made during summer peak periods would seem to be a given mitigation measure. If the project excavates twice the cubic yardage of St. Andrews proposal, on a project that intends to dig below sea level, the idea that contingencies will be present in the earth work should also be a given. Third, the 'modification of the rear setback' that allows for the massive grading to irreparably change bluffs is at-adds with Pojiey'D' and I have heard of no deftrttd6n put forward by the PC indicating that MIS deVelopmefit should be allowed to eradicate (the City policy and) these landforms. I understand that there is conjecture that these bluffs may be resultant from fill and may not be original. Weather or not these land forms are original, the City should openly discuss and decide if the policy can be mitigated and if, in -some way, the view of the proposed 'Rite Aid' should forever replace the view of these landforms. I would respectfully suggest that the Commission find a continuance for this development and suggest design changes. This development should be seen as more than the land can bear and that it is more than a MND can 'explain away'. i would suggest that the large generator be moved central to the site and that the western land forms be accommodated for view gardens visible not only from PCH but from a group of restaurant patios that are already part of the developers vision. The overall yield should be dropped to an area that didn't require a garage so deep and grading so massive that the air quality was troubled because of the endless movement of earth moving and hauling. The 'it's a small world' architecture should change heights, material, style and image every 24' instead of every & feet. This is a development where 'less' could certainly be 'more'. Don Krotee I 110 37 s MarlrtePs Mlle Gateway Project initial StodYN111grated Negative Declaration RESPONSES TO COMMENTS FROM DON KROTEE, NEWPORT HEIGHTS IMPROVEMENT ASSOCIATION; DATED NOVEMBER 28, 2005 AND DECEMBER 30, 2005. 11. The traffic signal is proposed as part of the project, as described under Section 2.4, Proiect Characteristics . on page 2-4 of the Initial Study /Mitigated Negative Dedaraft. Four traffic mitigation measures are recommended for the proposed project and are described on page 415 -27 and 4.15 -30 of the initial Study /Mitigated Negative Declaration. The signal is neither recommended or considered as mitigation for the project, but as previously stated is a project feature. 12. The traffic study for the proposed project was prepared in accordance with the City of Newport Beach Traffic Phasing Ordinance (TPO). The results of the traffic study are summarized in the Initial Study / Mitgated Negative Declaration. The complete traffic study is included as Appendix A. In summary, the traffic study found that the proposed project would generate 1,683 net daily trips, and concluded that project impacts could be mitigated to a less than significant level. The following text has been excerpted from page 25 of the traffic study (Technical Appendix A) and summarizes the conclusions of the TPO analysis. Conclusions 1. TrafRc Phasing Ordinance (TP0) Analysis Currently, the study intersections are operating of an acceptable LOS (LOS D or better) according to City of Newport Beach performance criteria, and are forecast to continue operating at an acceptable LOS for forecast year 2007 without project condtions. When taking into account trips currently generated by the existing commercial land use on the projed site, the proposed projad is forecast to generate approximately 1,683 net new daily t*, which includes approximately 59 net new a.m, peak hour trips and approximately 153 net new p.m. peak hour trips. With the addition of proposed pojed- generated trips, the study intersections are forecast to continue to operate at an acceptable LOS (LOS D or better) for forecast year 2007 with project conditions according to City of Newport Beach performance criteria with the exception of the Driveway !/West Coast Highway (SR- C) intersection in the p.m. peak hour. Based on Cty-established thresholds of sigufficance, the addition of project - generated trips to the study intersections. for forecast year-2007 conditions is forecast to result in a significant impad at the Driveway !/West Coast Highway (SR -1) intersection. To reduce project traft impacts to a level considered kiss than signifcant for forecast year 2007 with project conditions, the following mitigation measure is recommended: Mitigation Measure No. 1 - Driveway lMfest Coast Highway (SR -1) — The pmjed applicant shah re- strwAviden the westbound West Coast Highway (SR -1) approach from two through lanes and one dedicated right -turn lane to consist of two through lanes and one shared through /right -tum lane. West Coast Highway (SR -1) west of the Driveway 1AVed Coast Highway (SR -1) intersection would need to be widened by approximately two feet plus a.50 to 1 taper to accommodate the additional through lane. JN 10- 103921 so Comments and Responses January 10, 2009 �g Manner's Mile Gateway Project 1nNot Study/Afldgated Negative Declaradon The ideWled miffgation measure is consistent with the County of Orange Master Plan of Arterial Highways and the City of Newport Beach General Plan Circulation Element. 13. This comment is acknowledged and will be considered by the City of Newport Beach. 14. The consolidation of parcels and reducing the number of driveways along West Coast Highway is consistent with goals of the Mariners Mile Strategic Vision and Design Framework. The reduction in driveways provides fewer conflict points (ingress and egress locations) along West Coast Highway. Regarding the conclusions of the traffic study, refer to Response 12. 15. This comment is acknowledged and will be considered by the City of Newport Beach in its decision on the proposed project. At the December 8, 2005 Planning Commission hearing, it was decided that all construction- related truck trips would be limited to non -peak traffic hours. This construction how limitation vdll be a condition of project approval. In addition, supplemental conditions of project approval related to this topic were discussed by the Planning Commission at the January 5, 2006 hearing and will developed and presented to the Planning Commission on January 19, 2006. 16. To quantify project - related construction and vehicle emissions, the South Coast Air Quality Management District's (SCAQMD) URBEMIS 2002 model, version 8.7.0, was utilized. The default settings in the model were used as recommended by the District. This model is commonly used to provide consistent modeling results on a project -by- project basis. The air quality analysis concluded that both during construction and operations, the proposed project would not exceed thresholds established by the South Coast Air Quality Management District (refer to Tables 4.3 -2 through 4.3-4 of the Initial Study/Mitigated Negative Declaration). In addition, four air quality mitigation measures are recommended in the Initial Study/Mitigated Negative Declaration related to both construction and operational activities. A technical memorandum was prepared by RBF Consulting and provided to the Planning Commission for the January 5, 2006 hearing, and detailed that during construction the proposed project would be capped at 1,384 vehicle miles traveled per day. The vehicles miles traveled per day, along with limiting truck trips to non -peak hours, ensure that air quality impacts continue to stay below established thresholds. 17. This comment is acknowledged and will be considered by the City in its decision on the proposed project. The Planning Commission will make a finding whether or not the proposed project is subject to Policy D. 18. Three topics are raised in this comment: air quality, noise, and traffic. Regarding air quality, refer to Response 16. Regarding noise, the proposed project would be required to comply with the City's Municipal Code during both construction and operation, to ensure noise levels do not exceed the .established thresholds. With respect to truck traffic analysis, the possibility of a traffic study was pursued with both RBF Consulting and the City's Public Works staff. None of the traffic professionals knew of any industry- accepted practice or methodology for such an evaluation. Moreover, consistent with the SCAQMD threshold for Vehicle Miles Traveled (see paragraph below) truck hauling trips would be limited to nine trips during each non -peak hour. This minimal addition would not likely reduce any calculable, non -peak hour Level of Service to an unacceptable level. A judgment of the impact of the nine additional trips, or one approximately every sbc minutes, is subjective and dependent upon an individual's perception of traffic conditions. JN 10.103821 51 Comments and Responses January 10, 2006 W, Manners Mlle Gateway Project Initial StudyNit(gated Negative Declaration The maximum number of vehicle miles that may be traveled each day by haul bucks and stay below the SCAQMD thresholds for significance is 1,364. Using the SCAQMD default of 20 miles per round trip, a total of 68 truck haul trips would occur throughout the seven daily, non -peak work hours. This translates into approximately one trip every six minutes. Assuming 55 trips per day, 14 cubic yards per trip, and six workdays per week, the total time for exporting excavated materials would be approximately 19.5 weeks. 19. Refer to Response 17. 110. This comment is acknowledged and will be considered by the City in its decision on the proposed project. JN 10- 103821 $2 Comments and Responses January 10, 2006 Li .