HomeMy WebLinkAbout2001-54 - Koll Center Newport EIR 158RESOLUTION NO. 2001 -54
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH CERTIFYING ENVIRONMENTAL
IMPACT REPORT NO. 158 REGARDING THE
EXPANSION OF OFFICE SITE B IN KOLL CENTER
NEWPORT (STATE CLEARINGHOUSE NO. 99091120).
WHEREAS, Koll Center Newport Number A, 1900 Main Street, Suite 350, Irvine,
California, has applied to the City of Newport Beach for a General Plan Amendment and a
Planned Community Amendment for "Office Site B" of the Koll Center Newport (KCN)
Planned Community in order to allow future additional development on Parcel 1 of PMB 114/22-
24 and Parcels 1, 2, and 7 of PMB 181/13 -19; and
WHEREAS, the proposed General Plan Amendment would increase the allowable
building floor area of KCN Office Site B by 250,000 gross square feet, to a maximum of
1,310,898 gross square feet; and
WHEREAS, the proposed Amendment to the Koll Center Newport Planned Community
text would increase the maximum allowable building floor area in KCN Office Site B; and
WHEREAS, a Development Agreement was prepared to provide enhanced public
benefits and the payment of special mitigation fees not required of other projects in order to
offset the impacts of the project, in return for the permitted higher level of entitlement; and
WHEREAS, in accordance with CEQA requirements, a Notice of Preparation (NOP) of a
Draft Environmental Impact Report (DEIR) was filed with the State Clearinghouse, which
assigned State Clearinghouse Number 99091120; and
WHEREAS, the NOP and an Initial Study were distributed to all responsible and trustee
agencies and other interested parties for a 30 -day public review period commencing on
September 20, 1999 and ending on October 22, 1999; and
WHEREAS, a Draft EIR was prepared for the project, hereby incorporated by reference
to this Resolution, which identifies potential significant impacts to the environment and certain
mitigation measures designed to reduce or avoid these impacts; and
WHEREAS, in accordance with CEQA requirements, a Notice of Completion (NOC) of
the Draft EIR was filed with the State Clearinghouse; and
WHEREAS, the Draft EIR was distributed to agencies, interested organizations, and
individuals by the City. The distribution list is available at the City of Newport Beach Planning
Department; and
WHEREAS, a 45 -day public review period for the Draft EIR was established pursuant to
State law, which commenced on May 23, 2000 and ended on July 10, 2000; and
WHEREAS, all comments received during the public review period for the Draft EIR
were responded to in the "Response to Comments" document dated August 2000, hereby
incorporated by reference to this Resolution. All comments and responses were considered by
the City Council during its review of the project and the Environmental Impact Report; and
WHEREAS, pursuant to Section 15091 of the State CEQA Guidelines, a "Statement of
Findings" has been prepared, summarizing the impacts of the project, the mitigation measures
required to avoid or substantially lessen each of those impacts, and the "substantial evidence in
the record" supporting the finding of each such impact which will be avoided or substantially
lessened; and
WHEREAS, because the EIR identifies certain environmental impacts of the project
which cannot be avoided or substantially lessened, a "Statement of Overriding Considerations"
has been prepared, which balances these significant adverse environmental impacts against
environmental benefits and other benefits resulting from approval of the proposed Project; and
WHEREAS, a "Mitigation Monitoring and Reporting Program" (MMRP), has been
prepared to ensure implementation of all mitigation measures identified in the Final EIR,
including a listing of all identified mitigation measures, the timing of implementation of each
mitigation measure, the method of verification of implementation, and the individual responsible
for monitoring compliance; and
WHEREAS, on August 3 and September 7, 2000 and June 7, 2001, the Planning
Commission held duly- noticed public hearings, at which time the proposed amendments,
Development Agreement, and EIR were considered. The Planning Commission then forwarded a
recommendation that the EIR be certified as complete; and
WHEREAS, on June 26, 2001, the City Council held a public hearing, at which time the
proposed amendments, Development Agreement, and EIR were considered. A notice of time,
place and purpose of the public hearing was duly given and testimony was presented to and
considered by the City Council at the public hearing.
NOW THEREFORE BE IT RESOLVED, that
1. The City Council hereby finds that Environmental Impact Report No. 158 for the
expansion of Office Site B In Koll Center Newport (State Clearinghouse No.
99091120) has been prepared in compliance with the California Environmental
Quality Act and the CEQA Guidelines. In addition, the City Council finds that the
EIR adequately analyzes project - related impacts, identifies feasible mitigation
measures, and discusses project alternatives, and that the EIR reflects the City's
independent judgment and analysis. Accordingly, the City Council hereby certifies
Final Environmental Impact Report No. 158, consisting of the Draft Environmental
Impact Report and the EIR Responses to Comments hereby incorporated by reference
to this Resolution.
2. The City Council hereby adopts the "Statement of Findings ", attached hereto as
Exhibit 11EIR -1 ", the Statement of Overriding Considerations ", attached hereto as
Exhibit "EIR -2 ", the Mitigation Monitoring Program, attached hereto as Exhibit
"EIR -3", and the "Errata Corrections" to the Draft EIR, attached hereto as Exhibit
"EIR -4"
ADOPTED this 26 `h day of June, 2001, by the following vote, to wit:
AYES, COUNCIL. MEMBERS O'Neil, Ridgeway,
Glover, Bromberg, Mayor Adams
NOES, COUNCIL MEMBERS Heffernan
ABSENT COUNCIL MEMBERS Proctor
� ��►�l�'C���r ~mss
ATTEST: { `
r
CITY CLERK
a
EXHIBIT EIR -1
STATEMENT OF FINDINGS IN SUPPORT OF THE
GENERAL PLAN AMENDMENT AND PLANNED COMMUNITY AMENDMENT
KOLL CENTER NEWPORT - OFFICE SITE B
AND RELATED ACTIONS
SIGNIFICANT ENVIRONMENTAL EFFECTS OF THE PROPOSED PROJECT,
FINDINGS WITH RESPECT TO SAID EFFECTS, AND STATEMENT OF FACTS IN SUPPORT
THEREOF, ALL WITH RESPECT TO THE PROPOSED GENERAL PLAN AMENDMENT AND
THE KOLL CENTER NEWPORT PLANNED COMMUNITY AMENDMENT (OFFICE SITE B) IN
THE CITY OF NEWPORT BEACH, CA
INTRODUCTION
The California Environmental Quality Act ( "CEQA "), Public Resources Code Section 21081 and CEQA
Guidelines Section 15091 provide that:
(a) No public agency shall approve or carry out a project for which an EIR has been certified which
identifies one or more significant environmental effects of the project unless the public agency
makes one or more written findings for each of those significant effects, accompanied by a brief
explanation of the rationale for each finding. The possible findings are:
(1) Changes or alterations have been required in, or incorporated into, the project which avoid
or substantially lessen the significant environmental effect as identified in the final EIR.
(2) Such changes or alterations are within the responsibility and jurisdiction of another public
agency and not the agency making the finding. Such changes have been adopted by
such other agency or can and should be adopted by such other agency.
(3) Specific economic, legal, social, technological, or other considerations, including
provision of employment opportunities for highly trained workers, make infeasible the
mitigation measures or project alternatives identified in the final EIR.
(b) The findings required by subsection (a) shall be supported by substantial evidence in the record.
Section 15092 of the State CEQA Guidelines further stipulates that:
(b) A public agency shall not decide to approve or carry out a project for which an EIR was prepared
unless either:
(1) The project as approved will not have a significant effect on the environment, or
(2) The agency has:
(A) Eliminated or substantially lessened all significant effects on the environment
where feasible as shown in findings under Section 15091, and
(B) Determined that any remaining significant effects on the environment found to be
unavoidable under Section 15091 are acceptable due to overriding concerns as
described in Section 15093.
In making the findings required by Section 21081, the public agency must base its findings on substantial
evidence in the record.
An Environmental Impact Report (EIR) for the project has been prepared and certified as complete by the
City of Newport Beach. The EIR identifies certain significant effects which may occur as a result of the
Koll Center Newport project alone or on a cumulative basis in conjunction with other past, present, and
reasonably foreseeable future projects. The environmental review process for the Koll Center Newport
project is summarized below.
1. In accordance with CEQA requirements, a Notice of Preparation (NOP) of a Draft EIR was filed
with the State Clearinghouse on September 24, 1999. The State Clearinghouse assigned State
Clearinghouse Number 99091120.
2. The NOP and an Initial Study were distributed to all responsible and trustee agencies and other
interested parties on September 20, 1999 for a 30 -day public review. The review period ended on
October 22, 1999. The Subcommittee of the Environmental Quality Affairs Citizens Advisory
Committee (EQAC) for the Koll Center Newport project submitted comments dated October 20,
1999 on the NOP and Initial Study.
3. In accordance with CEQA requirements, a Notice of Completion (NOC) of the Draft EIR was filed
with the State Clearinghouse on May 24, 2000.
4. The Draft EIR was distributed to agencies, interested organizations, and individuals by the City.
The distribution list is available at the City of Newport Beach, Planning Department.
5. A forty -five (45) day public review period for the Draft EIR was established pursuant to State law,
which commenced on May 24, 2000 and ended on July 10, 2000.
6. Comments received during the public review period for the Draft EIR were responded to in a
Response to Comments document dated August, 2000.
7. A Final EIR has been prepared for the Koll Center Newport Project. The following components
comprise the Final EIR:
a. Draft EIR, May 2000;
b. Comments received on the Draft EIR and responses to those comments, August 2000;
and
C. All attachments, incorporations, and references to the documents delineated in items a
and b above.
The City is the Lead Agency with respect to the project pursuant to State CEQA Guidelines Section
15367. As a Lead Agency, the City is required by CEQA to make findings with respect to each significant
effect of the Project. The City has reviewed the EIR. The following sections make detailed findings with
respect to the potential effects of the Koll Center Newport project and refer, where appropriate, to the
mitigation measures set forth in the Final EIR.
The Final EIR and the administrative record concerning the Koll Center Newport project provide additional
facts in support of the findings herein. The Final EIR (which includes, among other components, the Draft
EIR, and the Response to Comments on the Draft EIR) is hereby incorporated into these Findings in its
entirety. Furthermore, the mitigation measures set forth in the Mitigation Monitoring Program are
incorporated by reference in these Findings. The Mitigation Monitoring and Reporting Program was
developed in compliance with Public Resources Code Section 21081.6 and is contained in a separate
document. Without limitation, these incorporation are intended to elaborate on the scope and nature of
mitigation measures, the basis for determining the significance of impacts, the comparative analysis of
alternatives, and the reasons for approving the Koll Center Newport project in spite of associated
significant unavoidable adverse impacts.
2
Final EIR SCH No. 99091120 for General Plan Amendment and Amendment to the Koll Center Planned
Community and related discretionary actions, identified significant environmental impacts prior to
mitigation that may occur as a result of implementing the project. Thus, in accordance with the provisions
of CEQA, the Newport Beach City Council hereby adopts these findings as part of its action to certify
Final EIR SCH No. 99091120 and approve the General Plan Amendment and Amendment to the Koll
Center Planned Community District Regulations.
Findings regarding significant adverse environmental impacts are included below and addressed in more
detail in the Statement of Overriding Considerations.
DESCRIPTION OF THE PROJECT PROPOSED FOR APPROVAL
Consistent with the intent of CEQA, the State CEQA Guidelines, and relevant judicial interpretations of
CEQA, the "project" addressed in the Final EIR is defined to include the approval of a general plan
amendment, amendment to the existing planned community district regulations, and a traffic phasing
ordinance study that would allow the development of a 10 -story, 250,000 square feet professional office
building; a 1,200 -car, 6 -level parking structure to replace an existing 2 -level parking structure; and a 500 -
car, 2 -level parking structure to replace an existing surface parking area. The proposed project is
intended to provide for additional professional office space within Office Site B of the Koll Center Newport
Planned Community (PC), and to provide for an enhanced professional office campus environment and
facilitate connectivity to the existing Conexant facilities to the north.
Subsequent to the preparation and distribution of the Draft EIR for public review and comment, the City of
Newport Beach and the project applicant mutually agreed to enter into a development agreement for the
proposed project. The development agreement provides additional mitigation for project impacts in the form
of fees for road improvements and other items in return for assurances to the developer that development will
be able to proceed without future changes to development parameters or City- caused increases in
development costs. Although this discretionary action was not identified in the project description contained in
the Draft EIR, a review of its implications on the environmental analysis conclusively shows that its
implementation will not result in any additional significant impacts beyond those addressed in the Draft EIR,
result in a substantial increase in the severity of any significant impacts addressed in the Draft EIR, and/or
require the incorporation of additional mitigation measures. Therefore, the environmental analysis presented
in the Draft EIR adequately evaluated all of the potential impacts of project implementation, including those
related to the approval and implementation of the development agreement.
The project includes the following elements
General Plan Amendment
The General Plan Amendment is proposed to eliminate the restaurant and retail uses
currently designated for the subject property and increases in the allowable office use for
Office Site B.
Planned Community (PC) District Amendment (Zone Change)
The amendment to the Koll Center Newport Planned Community District Regulations dated
May 5, 1972 (Amended August 10, 1998) is proposed to increase the amount of office space
within Office Site B by 250,000 (gross) square feet.
Development Agreement
The development agreement between the City and the developer provides for the payment
of special impact fees related to traffic and public services not required of other projects in
return for assurances that the project can proceed. In addition to providing the developer a
vested right to develop the property under the provisions of the general plan and zoning
3
amendments approved by the City for a term of twenty -five years, several benefits will
accrue to the City, including additional development fees intended to fund long -range traffic
improvements, fees to fund a planning study for the airport area, and a fire suppression
impact fee that will contribute to site acquisition, construction, and/or equipment and staffing
of a new, permanent fire station to serve the area.
Traffic Phasing Ordinance
Under the City's Traffic Phasing Ordinance (TPO), the project's additional traffic
contribution beyond that which is included as a "committed project" must be analyzed and
the requirements of the TPO must be satisfied before City action. These activities are
under the jurisdiction of the City of Newport Beach as the Lead Agency, including the
approval of discretionary planning actions and issuance of permits (e.g., grading permit,
building permit, etc.) necessary for project implementation.
Ill. IMPACTS DETERMINED TO BE LESS THAN SIGNIFICANT
The following describes impacts of the Koll Center Newport (Office Site B) project found to be less than
significant in the preparation of the Initial Study and the Draft EIR. The Initial Study, provided in Appendix
A of the Draft EIR, was used to focus the scope of the Draft EIR.
INITIAL STUDY
Land Use Planning
Implementation of the proposed project would not affect agricultural resources or operations.
2. Implementation of the proposed project would not disrupt or divide the physical arrangement of
the established community including the land uses and circulation patterns within and adjacent to
the project site.
Population and Housing
Implementation of the proposed project would not displace existing housing, especially affordable
housing.
Geologic Issues
1. Implementation of the proposed project is not anticipated to expose people on structures to fault
rupture during a seismic event.
2. Although implementation of the proposed project has the potential to result in the exposure of
people and structures to ground shaking during a seismic event, this exposure is no greater than
exposure present in other areas throughout the Southern California region. No significant impact
would occur.
3. Implementation of the proposed project is not anticipated to expose people to structures to
ground failure due to liquefaction during a seismic event.
4. Implementation of the proposed project would not expose people or structures to seiche, tsunami,
or volcanic hazards.
5. The project site and vicinity are not identified as areas with the potential for landslides or
mudflows.
6. Implementation of the proposed project would not require significant alteration of the existing
topography on the project site. In the event that unstable soil conditions occur on the project site
due to previous grading, excavation, or placement of fill materials, these conditions would be
reduced by the City's required submittal of site - specific geotechnical evaluations to address
specific design and construction measures for each building site prior to issuance of grading
permits. No significant impact related to changes in topography or unstable soil conditions would
occur.
The project site has not been identified as an area with the potential for subsidence. In addition,
withdrawal of groundwater, oil, or other mineral resources would not occur as part of the
proposed project.
8. Upon compliance with the City's grading and building permit requirements, no significant impact
related to expansive soil conditions would be anticipated to occur.
9. Implementation of the proposed project would not disturb unique geologic or physical features.
Water
With implementation of the proposed project, the drainage patterns, absorption rates, and the rate
and amount of surface runoff would not significantly change relative to the existing conditions. In
addition, runoff from the project site would continue to be accommodated by the existing on -site
and off -site drainage facilities.
Implementation of the proposed project would not increase the exposure of people or property to
flood hazards.
3. Development of the additional building areas for the proposed project would not significantly alter
the amount of impervious surfaces on the project site and the potential for erosion to result in
changes to surface water quality would not significantly increase relative to the existing
conditions. The proposed project would replace surface parking lots with buildings and parking
structures resulting in a reduction in the amount of exposed surface parking areas that contain oil
and other vehicle - related pollutants that degrade surface water quality. The proposed project
would not impact surface water quality.
4. Development of the proposed project would not result in changes in the amount of surface water
in any natural water body.
5. Implementation of the proposed project would not affect the course or direction of water
movements in any natural water body.
6. No groundwater extraction or additions would occur as part of the proposed project. In addition,
the proposed project would not result in interception of an aquifer by cuts or excavation during
grading or construction.
7. Implementation of the proposed project would not alter the direction or rate of flow of
groundwater.
8. Throughout the permitting process for the project site, no regulatory thresholds have been
exceeded for groundwater which would require Koll Center Newport to conduct health effect
studies. The implementation of the proposed project would not result in the addition of activities to
the project site that would exceed these regulatory thresholds.
9. Groundwater use or extraction would not occur as part of the proposed project and no impact on
public water supplies would occur.
5
Air Quality
1. Development of the additional building area for the proposed project would not alter air
movements, moisture, or temperature, or cause any change in the climate since the proposed
structural additions would not be of sufficient size or density to influence meteorology either
locally or regionally. Additionally, no operational changes that could cause any change in climate
would occur on the project site.
2. The emission of significant odors would not be anticipated during construction. The operation of
the proposed project would not emit new objectionable odors on the project site and in the vicinity
Transportation/Circulation
1. The proposed project would not introduce hazardous design features such as sharp curves or
dangerous intersections or provide for the use of incompatible equipment on the project site or
adjacent roadways.
2. The proposed project would not result in inadequate emergency access to the project site or
affect access to nearby uses.
3. The proposed project is not anticipated to create hazards or barriers for pedestrians and bicyclists
utilizing Jamboree Road and Birch Street.
4. Implementation of the proposed project is not anticipated to result in conflicts with adopted
policies supporting alternative transportation.
5. No impacts would occur with respect to rail, waterborne, or air traffic.
Biological Resources
1. The proposed project would not result in an impact to either plant or animal species.
2. The proposed project would not result in the removal of any locally designated plant or wildlife
species.
3. No locally designated natural communities are known to exist on the project site.
4. The project site does not contain open space utilized for wildlife migration or dispersal.
Energv and Mineral Resources
1. It is not anticipated that the proposed project would require excessive energy consumption or
conflict with adopted energy conservation plans.
2. Although non - renewable resources would be utilized in the construction and operation of the
proposed project, these resources would not be used in a wasteful or inefficient manner.
3. Implementation of the proposed project would not result in the loss of the availability of a known
mineral resource that would be of future value to the region.
Hazards
The construction and operation of the proposed project would not result in an increase in the risk
of an explosion or the release of a hazardous substance relative to the existing conditions. The
proposed project would not result in the creation of any new health hazard or potential new health
C:
hazard relative to the existing conditions. In addition, the proposed project would not result in the
exposure of people to existing sources of potential health hazards.
Construction and operation of the additional building area for the proposed project would not
interfere with emergency response or emergency evacuation plans on -site and in the local area.
3. Development on the project site as a result of the proposed project would comply with the
applicable fire and safety provisions of the City's Uniform Building Code and would not result in
an increased fire hazard.
Public Services
As there are no residential land uses provided with the proposed project, school services would
not be directly impacted. Potential demand for housing and the associated increase for school
services would be within regional levels accounted for by regional and local population
projections.
2. Implementation of the proposed project would not result in the need for additional maintenance of
local roadways.
3. The proposed project would not result in an increased need with respect to governmental
services such as libraries.
Utilities and Service Systems
Any potential expansion of telephone or cable networks required to serve the proposed project
would be anticipated to be within the capabilities of the respective service providers.
2. With implementation of the proposed project, runoff from the project site would continue to be
accommodated by the existing on -site and off -site stormwater drainage facilities.
No impact with respect to a scenic vista or scenic highway would occur.
Cultural Resources
1. Although there is a possibility that paleontological resources exist at deep levels, the uncovering
of such resources would be remote. Although implementation of the proposed project would not
be anticipated to disturb paleontological resources, any potential effect would be reduced by
compliance with conditions of approval.
2. Although implementation of the proposed project would not be anticipated to disturb
archaeological resources, any potential effect would be reduced by compliance with conditions of
approval.
3. The project site does not contain any historic monuments or historic resources.
4. No impact as a result of a physical change which would affect unique ethnic cultural values would
occur.
5. There are no existing religious or sacred uses associated with the project site. No impact would
occur.
7
Recreation
1. Implementation of the proposed project would not result in an increase in the use of existing
neighborhood and regional parks or other recreational facilities such that physical deterioration of
existing facilities would occur. In addition, the proposed project would not require the construction
or expansion of recreational facilities. No significant impact would occur.
2. Implementation of the proposed project would not result in a significant increase in the demand
for City recreation programs. No significant impact would occur.
3. The proposed project in conjunction with other past, present, and reasonably foreseeable future
projects would not result in a significant cumulative impact to recreation facilities and programs.
ENVIRONMENTAL IMPACT REPORT
Additional analysis of the issues was undertaken and presented in the Draft EIR. Though that analysis, it
was determined that potential impacts would be less than significant or potential impacts would be
avoided or minimized (i.e., less than significant) through the incorporation of standard conditions of
approval (e.g., implementation of UBC requirements, etc.). The standard conditions are identified below,
were appropriate.
Land Use and Planning
1. No impact due to incompatibility with the existing on -site land uses or surrounding land uses
would occur.
2. With approval of the requested General Plan Amendment, implementation of the proposed
project would not result in an impact related to consistency with the General Plan designation for
the project site.
3. The proposed project is consistent with the applicable goals, policies, and objectives of the
General Plan Elements.
4. With approval of the requested Amendment to the Koll Center Newport Planned Community text,
implementation of the proposed project would not result in an impact related to the existing
development regulations and standards for the project site.
5. The proposed project is compatible with the Urban and Industrial designation for the adjacent
area within the City of Irvine and no impact would occur.
6. The proposed project is compatible with the University of California, Irvine (UCI) North Campus
Mixed Use designation for the area directly to the east of the project site and no impact would
occur.
7. The proposed project is consistent with the general land use policy of the Airport Environs Land
Use Plan (AELUP) of the Airport Land Use Commission of Orange County (ALUC) and no impact
would occur.
8. The proposed project would be consistent with the applicable policies within the Growth
Management Chapter of the Regional Comprehensive Plan and Guide (RCPG) and no impact
would occur.
9. The proposed project would be consistent with the applicable policies of the Regional
Transportation Plan (RTP) and no impact would occur.
10. The proposed project in conjunction with other past, present, and reasonably foreseeable future
projects, would not result in a cumulative impact related to incompatible land uses or
inconsistencies with land use plan and regulations.
Standard Conditions
SC 4.1 -1 Subsequent project approvals shall be reviewed for consistency with applicable General
Plan and Zoning documents prior to development approval.
SC 4.1 -2 All development shall be reviewed for consistency with applicable provisions of the
Building Code prior to issuance of building permits.
SC 4.1 -4 All subsequent project approvals shall be subject to the provisions of the California
Environmental Quality Act. If changes are made to the project description or new
information becomes available indicating that additional impacts could occur, the project
may be subject to additional review and mitigation measures.
SC 4.1 -5 The applicant shall comply with FAA Federal Aviation Regulations (FAR) Part 77,
requiring that the applicant file Form 7460 -1 for all buildings that would penetrate the
airport's imaginary surfaces. In addition, any object which rises above the height of the
surrounding development and all other structures will be clearly marked or lighted in
accordance with FAA requirements.
Population
Implementation of the proposed project will not result in a significant impact related to the regional
and local population.
The proposed project in conjunction with other past, present, and reasonably foreseeable future
projects would not result in a significant cumulative impact related to the regional or local
population.
Standard Conditions
SC 4.2 -1 The applicant shall comply with the applicable provisions of the Newport Beach Growth
Management Element to ensure that the project is consistent with the goals and policies
of the City that address population, housing and employment.
Water Quality
Implementation of the proposed project would not result in a significant impact to water quality.
2. The proposed project in conjunction with other past, present, and reasonably foreseeable future
projects would not result in a significant cumulative impact to water quality.
Standard Conditions
SC 4.3 -1 Prior to issuance of precise grading or building permits, whichever comes first, the
applicant shall submit and obtain approval from Manager, Subdivision and Grading, of a
Water Quality Management Plan (WQMP) specifically identifying Best Management
Practices (BMPs) that will be used on -site to control predictable pollutant runoff. This
WQMP shall identify, at a minimum, the routine, structural and non - structural measures
specified in the Countywide NPDES Drainage Area Master Plan (DAMP) Appendix which
details implementation of BMPs whenever they are applicable to a project, the
assignment of long -term maintenance responsibilities (specifying the developer, parcel
E]
owner, maintenance association, lessee, etc.); and, shall reference the location(s) or
structural BMPs.
SC 4.3 -2 Prior to issuance of any grading permits, the applicant shall submit evidence to the
Director, Public Works, that the applicant has obtained coverage under the NPDES
statewide General Stormwater Permit from the State Water Resources Control Board.
Consistent with the Orange County municipal NPDES permit, the proposed project shall
include the incorporation of the following structural and non - structural BMPs into the
additional development proposed for the site:
Structural BMPs
The landscape plan for the proposed project will address the requirements of the County
Water Conservation Plan and include elements in the irrigation plan to save water and
reduce runoff from vegetated areas. Routine inspection of the irrigation system will occur
to prevent inadvertent discharge of water through parking lots.
The landscape design will include plans with lower water requirements to reduce water
use and excess irrigation runoff.
Trash containers and dumpsters will be sited to avoid drainage from adjoining roofs or
pavements. Trash containers and dumpsters on the project site will be covered to reduce
the potential for contamination of storm water runoff. If the area is uncovered, runoff will
be required to flow through a water quality inlet prior to discharge into the storm drain
system.
All catch basins and inlets to storm drains on the project site will be stenciled to alert the
public to the destination of pollutants discharged into storm water runoff.
Trash racks will be installed and maintained in all inlets on the project site that discharge
into the storm drain system. These racks will be designed to remove floatable debris.
Water quality inlets (e.g., grease traps) are required in areas where the project would
have outdoor storage of oils, solvents, or other materials, such as parking structures,
where there would be potential flows from loading docks where solvents or oils are used,
or where uncovered trash containers are stored. These inlets will be designed to remove
free phase liquid petroleum products, grease, floatable debris, and settleable solids prior
to discharge into the storm drain system.
Non - Structural BMPs
All employees will be provided with materials that document general procedures for the
protection of surface water quality.
Specific activities that could affect water quality will be restricted on the project site. A list
of these activities will be developed, provided to all employees, and posted within
common areas. These activities will include, but not be limited to, the repair and cleaning
of private automobiles on the project site, discharge of any material into storm drains, and
the use of water to flush exposed parking areas or the parking structures.
The maintenance of landscaped areas on the project site will be conducted in
accordance with the County of Orange Water Conservation Program and Management
Guidelines for the Use of Fertilizers and Pesticides. All organic waste generated as a
result of maintenance activities (e.g., grass clippings) will be disposed of at an
appropriate location and care will be taken to keep material from entering the storm
drains.
iff
The additional development on the project site will be incorporated into the trash
management and litter control program. Normal maintenance procedures will be
conducted to empty trash receptacles, remove litter, and clean the trash racks leading to
the storm drains.
The additional development on the project site will be incorporated into the existing street
sweeping program to ensure that all internal roadways, parking lots, and parking
structures will be swept on a regular basis.
All BMPs will be subject to routine maintenance and training to ensure that all are
operational and/or in place. The maintenance procedures will identify responsible parties
and schedule inspections to ensure compliance.
SC 4.3 -3 Site grading and construction shall comply with the drainage controls imposed by the
City's grading ordinance and all applicable local and State building codes.
SC 4.3 -4 The applicant shall provide for weekly vacuum sweeping of all paved parking areas and
drive upon completion of construction.
Air Quality
1. Implementation of the proposed project would not result in a significant short-term impact to air
quality due to construction- related emissions.
2. Implementation of the proposed project would not result in a significant localized air quality impact
related to mobile source emissions.
3. The proposed project is consistent with the Air Quality Management Plan (AQMP) policies and no
impact would occur.
4. As construction impacts associated with the "worst -case" assumptions related to the buildout of
the proposed project would not exceed South Coast Air Quality Management District's
(SCAQMD's) significance thresholds, the proposed project in conjunction with other past, present,
and reasonably foreseeable future projects would not result in a significant cumulative short-term
impact to air quality due to construction- related emissions.
Standard Conditions
SC 4.5 -1 SCAQMD Rule 403 which requires that "... every reasonable precaution (is taken) to
minimize fugitive dust emissions .. " from grading operations to control particulate
emissions, shall be implemented during the grading and construction phase.
SC 4.5 -2 Adherence to SCAQMD Rules 431.1 and 431.2 which require the use of low sulfur fuel
for stationary construction equipment.
SC 4.5 -3 The project shall comply with Title 24 energy- efficient design regulations as well as the
provision of window glazing, wall insulation, and efficient ventilation methods in
accordance with Uniform Building Code requirements.
SC 4.5 -4 Water site and clean equipment morning and evening to comply with the AQMP Fugitive
Dust Measure BCM -06.
SC 4.5 -5 Trucks leaving the site shall be washed.
SC 4.5 -6 Grading operations shall be suspended during first and second stage smog alerts.
11
SC 4.5 -7 All grading operations shall be suspended when wind speeds (as instantaneous gusts)
exceed 25 miles per hour.
Transportation/Circulation
1. Implementation of the proposed project would not result in an impact to site access.
2. Implementation of the proposed project would not result in an impact related to parking.
3. The proposed project in conjunction with other past, present, or reasonably foreseeable future
projects would not result in a cumulative impact related to access and parking.
Standard Conditions
SC 4.4 -1 Prior to issuance of certificates of occupancy for the proposed project, the circulation
system improvements contained in the Traffic Study shall have been constructed (unless
subsequent project approval requires modification thereto). The circulation system
improvements shall be subject to the approval of the City Traffic Engineer.
SC 4.4 -2 Prior to issuance of the certificates of occupancy, the applicant shall contribute the
project's fair share, as determined by the City, to the Circulation System Improvements
for the affected intersections, described in the Traffic Study.
SC 4.4 -3 If the applicant wishes to occupy the proposed development prior to the completion of the
improvements identified in the Traffic Study, the applicant shall demonstrate to the
satisfaction of the Planning Department and Public Works Department that trip
generation reduction measures or measures equally effective as approved by the City
Traffic Engineer have been implemented. These measures shall remain in effect until the
improvements described in the Traffic Study have been completed.
Noise
1. Implementation of the proposed project would not result in a significant short-term impact due to
construction - related activities.
2. The increase in the noise levels as a result of the proposed project during the Near Term Traffic
Conditions would not be perceptible and no significant impact would occur.
3. The increase in the noise levels as a result of the proposed project during the Long Range Traffic
Conditions with Koll Center Newport would not be perceptible and no significant impact would
occur.
4. The increase in the noise levels as a result of the proposed project during the Long Range Traffic
Conditions without Koll Center Newport would not be perceptible and no significant impact would
occur.
5. No significant noise increases as a result of the proposed project related to the mechanical
equipment pad and central plant operation would be anticipated and no significant impact would
occur.
6. No significant noise increases as a result of mechanical equipment for the new buildings
associated with the proposed project would be anticipated and no significant impact would occur.
7. The proposed project in conjunction with other past, present, or reasonably foreseeable future
projects would not result in a significant cumulative short-term noise impact due to construction
activities.
12
8. The proposed project in conjunction with other past, present, or reasonably foreseeable future
projects would not result in a significant cumulative long -term noise impact related to mechanical
equipment operation.
Standard Conditions
SC 4.6 -1 Construction activities shall be limited to the hours of 7:00 a.m. and 6:30 p.m. Monday
through Friday and 8:00 a.m. and 6:00 p.m. on Saturday; construction activities are
prohibited on Sunday or any federal holiday.
SC 4.6 -2 All construction activities will comply with applicable state and local construction noise
regulations.
Public Services
1. Implementation of the proposed project would not result in a significant impact to police protection
services.
2. The proposed project in conjunction with other past, present, and reasonably foreseeable future
projects would not result in a significant cumulative impact to police protection services.
Standard Conditions
SC 4.7.1 -1 The proposed site plan will be subject to review by the Newport Beach Police
Department.
SC 4.7.1 -2 The proposed project shall incorporate an internal security system (e.g., security guards,
alarms, access limits after hours, etc.) that shall be reviewed by the Planning
Department.
SC 4.7.1 -3 A lighting plan shall be submitted for review by the Police Department to ensure that
adequate lighting of pedestrian walkways and parking areas is provided.
SC 4.7.2 -1 All infrastructure improvements (i.e., fire hydrants, roadways, turn - arounds, etc.) shall be
designed in accordance with City standards as outlined in Design Criteria, Standard
Special Provisions and Standard Drawings for Public Works Construction.
SC 4.7.2 -2 Prior to the issuance of a building permit, the NBFMD shall review the proposed plans
and may require automatic fire sprinkler protection.
SC 4.7.2 -3 The proposed project will be constructed to comply with all applicable Uniform Building
aind Fire Code requirements.
SC 4.7.2 -4 The NBFMD shall review and approve fire depart ment/emergency access plans.
SC 4.7.2 -5 All structures shall be equipped with fire suppression systems approved by the NBFMD.
Depending upon the connection of new structures to the existing buildings, the NBFMD
may require fire sprinkler systems for all buildings to be interconnected.
SC 4.7.2 -6 All on -site fire protection (i.e., hydrants and fire department connections) shall be
approved by the NBFMD and Public Works Department.
SC 4.7.2 -8 On -site water mains and fire hydrant locations shall be approved by the NBFMD and
Public Works Department.
SC 4.7.2 -9 The applicant shall ensure that all tenants are required to disclose to the NBFMD any
hazardous or flammable chemicals or substances stored on the site. Further, any such
13
materials shall be stored in accordance with all applicable requirements established by
the NBFMD or other regulatory agency.
Utilities and Service Systems
1. Implementation of the proposed project will not result in a significant impact to electrical and
natural gas service.
2. The proposed project in conjunction with other past, present, and reasonably foreseeable future
projects would not result in a cumulative impact to the provision of electrical and natural gas
service.
3. Implementation of the proposed project would not result in a significant impact on water facilities
or supply.
4. The proposed project in conjunction with other past, present, and reasonably foreseeable future
projects would not result in a significant cumulative impact to water facilities and supply.
5. Implementation of the proposed project would not result in a significant impact on sewer service.
6. The proposed project in conjunction with other past, present, and reasonably foreseeable future
projects would not result in a significant cumulative impact to the provision of sewer service.
7. Implementation of the proposed project would not result in a significant impact to solid waste
disposal services.
8. The proposed project in conjunction with other past, present, and reasonably foreseeable future
projects would not result in a significant cumulative impact to solid waste disposal services.
Standard Conditions
SC 4.8.1 -1 The proposed project shall be designed to conform to Title 24, Paragraph 6, Division T-
20, Chapter 2, Subchapter 4 of the California Administrative Code pertaining to energy
conservation requirements.
SC 4.8 -1 -2 The proposed project should investigate the use of alternative energy sources (e.g.,
solar) and, to the maximum extent economically feasible, incorporate the use of said
energy sources into the design of the project.
SC 4.8.1 -3 The Project Applicant will demonstrate that adequate facilities would be available to serve
the proposed project including verification from SCE.
SC 4.8.1 -4 The applicant shall provide energy- conserving street and parking lot lighting and
minimize decorative or non - functional lighting in a manner acceptable to the Planning
Director.
SC 4.8.2 -1 The proposed project shall be designed to conform to Title 24, Paragraph 6, Division T-
20, Chapter 2, Subchapter 4 of the California Administrative Code pertaining to energy
conservation requirements.
SC 4.8 -2 -2 The proposed project should investigate the use of alternative energy sources (e.g.,
solar) and, to the maximum extent economically feasible, incorporate the use of said
energy sources into the design of the project.
SC 4.8.2 -3 The Project Applicant will demonstrate that adequate facilities would be available to serve
the proposed project including verification from SCG.
14
SC 4.8.3 -1 Final design of the proposed project shall incorporate water - saving devices for project
lavatories and other water -using facilities.
SC 4.8.3 -2 Where feasible, reclaimed water should be utilized for non - contact purposes such as
irrigation.
SC 4.8.3 -3 Efficient irrigation systems which minimize runoff and evaporation should be installed.
Irrigation should be automatically timed during early morning hours to minimize waste
and evaporation.
SC 4.8.3 -4 The water system for the proposed project shall satisfy the requirements of the Irvine
Ranch Water District.
SC 4.8.4 -1 Prior to the issuance of the building permit, the applicant shall demonstrate that adequate
sewer facilities would be available to serve the proposed project. This would include
verifications of adequacy from the Utilities Department and the OCSD.
SC 4.8.5 -1 The proposed project will be subject to all applicable goals and strategies of the SRRE
adopted by the City of Newport Beach pertaining to the reduction of solid waste.
SC 4.8.5 -2 Prior to the occupancy of the proposed project, a program for the sorting of recyclable
material from other solid wastes shall be developed by the applicant and approved by the
General Services Department.
Aesthetics
1. Implementation of the proposed project would not result in significant impacts related to
aesthetics or light and glare.
2. The proposed project in conjunction with other past, present, and reasonably foreseeable future
projects would not result in a significant cumulative impact to aesthetics and light/glare.
Standard Conditions
SC 4.9 -1 The lighting system shall be designed, directed, and maintained in such a manner as to
conceal the light source and to minimize light spillage and glare to the adjacent areas.
The plans shall be prepared and signed by a Licensed Electrical Engineer, with a letter
from the Engineer stating that, in his or her opinion, this requirement has been met.
SC 4.9 -2 Signage and exterior lighting shall be of similar design theme throughout the project and
sfiall be approved by the Planning Department and Public Works Department.
SC 4.9 -3 Lighting for the proposed professional office building and parking structures shall comply
with all applicable FAA regulations regarding lighting and glare.
FINDING
The environmental effects listed above are found not to be significant with the incorporation of the
standard conditions identified for each issue.
FACTS IN SUPPORT OF FINDING
A. The discussion and analysis in the Initial Study indicate that the environmental effects listed
above are insignificant.
15
B. The Draft EIR concluded that the environmental effects listed above are insignificant or would be
avoided by the implementation of standard conditions of approval identified above.
C. During the 45 -day public review period as mandated by CEQA, the Draft EIR was distributed to
all responsible and trustee agencies and other interested parties and no comments were received
which would modify the above finding.
IV. FINDINGS ON SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT
A. TRANSPORTATION AND CIRCULATION
IMPACT
Short-Term Impacts: During construction of the two parking structures, existing surface and
structural parking will be eliminated, resulting in short-term parking impacts.
Finding: Changes or alterations have been required in, or incorporated into the project, or are
otherwise being implemented which substantially mitigate or avoid the significant effects on the
environment as summarized above and described in detail in Chapter 4.0, Section 4.4 of the EIR.
Facts in Support of the Finding: Implementation of the following mitigation measure will reduce
potential short-term project - related parking impacts resulting from the demolition of the existing
parking structure to a less than significant level.
MM 4.4 -1 Prior to issuance of the building permit for the first parking structure, the
applicant shall prepare an interim parking relocation plan that will be
implemented, subject to the review and approval of the City of Newport
Beach, during the construction phases of the proposed parking
structures and 10 -story office building. The interim parking plan will
identify the various methods and locations that will be employed during
the construction phase of project implementation to meet the parking
needs of the existing Office Site B (South) office buildings and other uses
(based upon typical parking demand and building occupancies),
including but not limited to:
Utilization of the parking in closest proximity and great utility for
the service of the buildings and uses. These could include, but
are not limited to Conexant, the University of California and other
parts of the Koll Center Newport, including Office Site B.
Shuttle service to off -site parking locations.
Valet parking to increase efficiency (i.e., density) of parking in
Office Site B (South).
All significant environmental effects have been substantially lessened by
virtue of the measure described above. No significant, unavoidable
adverse impacts will remain after implementation of the required
mitigation measures.
IMPACT
Long -Term Impacts: Traffic generated by the proposed project will contribute to the cumulative
degradation of the MacArthur Boulevard /Jamboree Road intersection in the City of Newport
Beach during the p.m. peak hour which is forecast to operate at an unacceptable level of service
(i.e., 0.95 ICU /LOS E) with the implementation of the proposed project and buildout of other
projects.
16
Finding: Changes or alterations have been required in, or incorporated into the project, or are
otherwise being implemented which substantially mitigate or avoid the significant effects on the
environment as summarized above and described in detail in Chapter 4.0, Section 4.4 of the EIR.
Facts in Support of the Finding: Incorporation of mitigation measures, if determined necessary,
derived from the site specific traffic analysis prescribed in the measure listed below, will reduce
potential long -term traffic and circulation conditions in the vicinity of the subject property;
however, significant impacts at this intersection will remain.
MM 4.4 -2a Prior to issuance of the certificates of occupancy, the applicant shall
contribute the project's fair share as determined by the City, to
implement the following improvements to the MacArthur
Boulevard /Jamboree Road intersection:
Add a second northbound left turn lane
Add a second southbound left turn lane
Add a northbound right turn lane
The City of Newport Beach has previously contemplated these
improvements, prior to the preparation of the KCN Traffic Impact
Analysis. Alternative preliminary design concepts for improvements to
this intersection have been prepared by the City's consultant. A cost
estimate for the design was prepared and submitted to OCTA in an effort
to receive Measure M funding. Improvements are planned for
construction in 2002 -2003.
Finding: The measures prescribed above will significantly reduce long -term, project - related traffic
impacts at the MacArthur Boulevard /Jamboree Road intersection. Although these measures will
substantially reduce traffic impacts, they cannot be reduced to a less than significant levels.
Specific economic, legal, social, technological, or other considerations relating to the
implementation of the necessary roadway and circulation improvements make infeasible for the
project to mitigate long -term impacts at this intersection.
Facts in Support of the Finding: Any remaining unavoidable adverse impacts are acceptable
when compared to, and balanced against the facts set forth above and below in the Statement of
Overriding Considerations.
IMPACT
Long -Terfi Impacts: Traffic generated by the proposed project will contribute to the cumulative
degradation of the Jamboree Road /1 -405 NB Ramps in the City of Irvine during the a.m. peak
hour which is forecast to operate at an unacceptable level of service (i.e., 1.03 ICU /LOS F) with
the implementation of the proposed project and buildout of other projects.
Finding: Changes or alterations have been required in, or incorporated into the project, or are
otherwise being implemented which substantially mitigate or avoid the significant effects on the
environment as summarized above and described in detail in Chapter 4.0, Section 4.4 of the EIR.
Facts in Support of the Finding: Incorporation of mitigation measures, if determined necessary,
derived from the site specific traffic analysis prescribed in the measure listed below, will ensure
that future development adequately addresses the transportation and circulation conditions in the
vicinity of the subject property.
17
MM 4.4 -3 Prior to issuance of the certificates of occupancy, the applicant shall
contribute the project's fair share as determined by the City of Irvine, to
implement the 2020 model geometric improvements to the Jamboree
Road /1 -405 NB Ramps.
All significant environmental effects have been substantially lessened by virtue of the measure
described above. No significant, unavoidable adverse impacts will remain after implementation of
the required mitigation measures.
4. IMPACT
Long -Term Impacts: Traffic generated by the proposed project will contribute to the cumulative
degradation of the Irvine Avenue /Mesa Drive intersection in the City of Newport Beach during the
p.m. peak hour which is forecast to operate at an unacceptable level of service (i.e., 1.05
ICU /LOS F) with the implementation of the proposed project and buildout of other projects.
Finding: Changes or alterations have been required in, or incorporated into the project, or are
otherwise being implemented which substantially mitigate or avoid the significant effects on the
environment as summarized above and described in detail in Chapter 4.0, Section 4.4 of the EIR.
Facts in Support of the Finding: Incorporation of mitigation measures, if determined necessary,
derived from the site specific traffic analysis prescribed in the measure listed below, will ensure
that future development adequately addresses the transportation and circulation conditions in the
vicinity of the subject property.
MM 4.4 -4 Prior to issuance of the certificates of occupancy, the applicant shall
contribute the project's fair share as determined by the City for the
circulation improvements for the Irvine Avenue /Mesa Drive intersection:
Add a third northbound through lane
Add a third southbound through lane
Add a southbound right turn lane
All significant environmental effects have been substantially lessened by virtue of the measure
described above. No significant, unavoidable adverse impacts will remain after implementation of
the required mitigation measures.
5. IMPACT
Long -Term Impacts: Traffic generated by the proposed project will contribute to the cumulative
degradation of the Jamboree Road /Campus Drive intersection in the City of Newport Beach
during th6 p.m. peak hour which is forecast to operate at an unacceptable level of service (i.e.,
0.99 ICU /LOS E) with the implementation of the proposed project and buildout of other projects.
No mitigation measures have been identified. The City of Newport Beach and the City of Irvine
are evaluating the feasibility of implementing improvements to this intersection to mitigate this
significant impact. Until the appropriate mitigation is identified, this impact is considered
significant and unavoidable.
Finding: Specific economic, legal, social, technological, or other considerations relating to the
implementation of the necessary roadway and circulation improvements make infeasible for the
project to mitigate long -term impacts at this intersection. In addition, any changes or alterations
are shared with another public agency (i.e., City of Irvine) and have been, or can and should be,
agreed to and adopted by that other agency.
18
Facts in Support of the Finding: The unavoidable adverse impacts are acceptable when
compared to, and balanced against the facts set forth in the Statement of Overriding
Considerations.
B. AIR QUALITY
IMPACT
Short-Term Impacts from Construction: Project implementation will result in short-term
construction emissions resulting from the use of construction equipment. Project - related
emissions of oxides of nitrogen will exceed the significance threshold established by the
SCAQM D.
Finding: Changes or alterations have been required in, or incorporated into the project, or are
otherwise being implemented which substantially mitigate or avoid the significant effects on the
environment as summarized above and described in detail in Chapter 4.0, Section 4.5 of the EIR.
Facts in Support of the Finding: Incorporation of mitigation measures will reduce potential short-
term impacts; however, significant impacts will remain.
MM 4.5 -1a
The applicant shall sweep streets if silt is carried over to adjacent public
thoroughfares.
MM 4.5 -1b
Low emission on -site stationary equipment (e.g., clean fuels) shall be
used during the construction activities.
MM 4.5 -1c
Traffic speeds on all unpaved road surfaces shall be reduced to 15 miles
per hour or less during construction. (A reduction in travel speeds to 15
miles per hour on unpaved road surfaces normally reduces particulate
emissions from this activity by approximately 40 percent to 70 percent.)
MM 4.5 -1d
The construction contractor shall maintain construction equipment
engines by keeping them mechanically tuned.
MM 4.5 -1e
The construction contractor shall utilize existing power sources (e.g.,
power poles) or clean fuel generators rather than temporary power
generators.
MM 4.5 -11'
The applicant shall provide on -site power sources during the early stages
of the project.
MM 4.5 -1g
A construction parking plan shall be prepared by the applicant and /or
contractor and submitted to the City for approval. The parking plan shall
minimize traffic interference.
MM 4.5 -1h A flagperson shall be provided to properly guide traffic and ensure safety
at construction sites.
MM 4.5 -1 i The applicant and /or contractor shall schedule operations affecting traffic
for off-peak hours, where feasible.
MM 4.5 -1j A traffic plan to minimize traffic flow interference from construction
activities (the plan may include advance public notice of routing) shall be
prepared and submitted to the City for approval.
19
MM 4.5 -1k Truck deliveries and deliveries and the movement of goods shall be
scheduled for off -peak hours when feasible.
MM 4.5 -11 An urban tree planting program shall be incorporated into the landscape
concept plan in order to offset the loss of existing trees at the
construction site.
Finding: The measures prescribed above will significantly reduce short-term, project - related
construction impacts. Although these measures will substantially reduce air emissions during
construction, the project site is located within the South Coast Air Basin (SCAB) which has been
designated as a "non- attainment" area. Therefore, project implementation will result in
unavoidable significant adverse impacts. Specific economic, legal, social, technological, or other
considerations relating to the non - attainment status of the SCAB make infeasible for the project to
mitigate construction - related air quality impacts.
Facts in Support of the Finding: Any remaining unavoidable adverse impacts are acceptable
when compared to, and balanced against the facts set forth above and below in the Statement of
Overriding Considerations.
2. IMPACT
Long -Term, Operational Impacts: Project implementation will result in long -term pollutant
emissions resulting from mobile- and stationary sources. Project - related emissions of reactive
organic gas and oxides of nitrogen will exceed the significance thresholds established by the
SCAQMD.
Finding: Changes or alterations have been required in, or incorporated into the project, or are
otherwise being implemented which substantially mitigate or avoid the significant effects on the
environment as summarized above and described in detail in Chapter 4.0, Section 4.5 of the EIR.
Facts in Support of the Finding: Potentially significant project - related operational air quality
impacts can be substantially reduced by implementing the mitigation measures identified below,
as contained in the EIR.
MM 4.5 -2a
Adequate ingress and egress shall be provided at all entrances to public
facilities to minimize vehicle idling at curbsides.
MM 4.5 -2b
Provide dedicated turn lanes as appropriate and provide roadway
improvements at heavily congested roadways.
MM 4.5 -2c
Improve thermal integrity of the buildings and reduce thermal load with
'
automated time clocks or occupant sensors.
MM 4.5 -2d
Install energy efficient parking lot lighting.
MM 4.5 -2e
Capture waste heat and re- employ it in nonresidential buildings.
MM 4.5 -2f
Landscape with native drought- resistant species to reduce water
consumption and to provide passive solar benefits.
MM 4.5 -2g
Provide lighter color roofing and road materials and tree planning
programs to comply with the AQMP Miscellaneous Sources MSC -01
measure. This measure reduces the need for cooling energy in the
summer.
20
MM 4.5 -2h Provide bicycle lanes, storage areas, and amenities, and ensure efficient
parking management.
MM 4.5 -2i Provide preferential parking to high occupancy vehicles and shuttle
services. Also, designate additional car pool or vanpool parking.
MM 4.5 -21 Encourage employers to provide variable work hours and telecommuting
to employees to comply with Advanced Transportation Technology ATT-
01 .
MM 4.5 -2k Provide dedicated parking spaces with electrical outlets for electrical
vehicles.
MM 4.5 -21 Develop a trip reduction plan to comply with SCAQMD Rule 2202.
SCAQMD Rule 2202 has revamped the requirements for carpooling. In
general, mandatory carpooling is no longer required. Compliance with
Rule 2202 will be mandatory.
MM 4.5 -2m Encourage employers to provide ridematching, guaranteed ride home, or
car pool or vanpool to employees as a part of the TDM program and to
comply with the AQMP Transportation Improvements TCM -01 measure.
Finding: The measures prescribed above will significantly reduce long -term, project - related
operational impacts. Although these measures will substantially reduce operational emissions,
the site is located in a "non- attainment" area and the incremental increase constitutes an
unavoidable significant adverse impact. Specific economic, legal, social, technological, or other
considerations relating to the non - attainment status of the South Coast Air Basin make infeasible
for the project to mitigate air quality impacts.
Facts in Support of the Finding: Any remaining unavoidable adverse impacts are acceptable
when compared to, and balanced against the facts set forth in the Statement of Overriding
Considerations.
C. NOISE
IMPACT
Short-Term, Construction - Related Impacts: Short-term construction levels at Receptor Site 2 (UCI
Child Development Center) may reach 69 dB, depending on the type of construction equipment
used at the site, resulting in an increase of 4 d8 over the maximum noise threshold of the City's
Noise Element (i.e., 5.5 d8 over the ambient noise levels at that location).
Finding: Changes or.alterations have been required in, or incorporated into the project, or are
otherwise being implemented which substantially mitigate or avoid the significant effects on the
environment as summarized above and described in detail in Chapter 4.0, Section 4.6 of the EIR.
Facts in Support of the Finding: Construction noise sources are not strictly relatable to a noise
standard because they occur only during selected times and the source strength varies sharply
with time. In accordance with the City's General Plan Noise Element, construction activities will
be limited to within the hours specified by that Element to help minimize any potential nuisance to
nearby sensitive receptors. Therefore, project - related construction noise impacts identified above
can be substantially reduced by the mitigation measure listed below.
MM 4.6 -1 All construction equipment will be muffled and will be maintained in good
working order to reduce equipment related noise generation.
21
All significant environmental effects have been substantially lessened by virtue of the measures
described above. No significant, unavoidable impacts will remain after implementation of the
required mitigation measures.
D. PUBLIC SERVICES
IMPACT
Long -Term Impacts: Should closure of OCFA Station 27 occur prior to buildout of the proposed
project, or other changes occur that affect the existing level of service provided by the NBFMD,
significant impacts may occur to the current level of fire protection and emergency service to the
site.
Finding: Changes or alterations have been required in, or incorporated into the project, or are
otherwise being implemented which substantially mitigate or avoid the significant effects on the
environment as summarized above and described in detail in Chapter 4.0, Section 4.7.2 of the
EIR.
Facts in Support of the Finding: Potentially significant project - related impacts to police and law
enforcement services and facilities can be substantially reduced by implementing the mitigation
measure identified below, as contained in the EIR.
MM 4.7.2 -1 a If the closure of OCFA Station 27 should occur prior to the buildout of the
proposed project, the Applicant shall be required to assist in the cost of
an evaluation of the current call loads, response times, and fire station
deployment in order to provide a continued adequate level of service to
the project site. If determined to be necessary by the evaluation, the
Applicant shall be responsible for the project's proportional share of the
required facilities, equipment, and staff resources identified.
MM 4.7.2 -2b Should the proposed project be subject to a business excise tax (BET), a
portion of that tax shall be directed to the NBFMD for public safety
improvements.
All significant environmental effects have been substantially lessened by virtue of the measure
described above. No significant, unavoidable adverse impact will remain after implementation of
the required mitigation measure.
E. AESTHETICS
IMPACT
Long -Term Impacts: Introduction of the 2 -level parking structure in the southern portion of Office
Site B may result in changes to the site that could adversely affect the visual character of the site
by exposing portions of the parking structure and automobile parking surfaces that do not
currently exist.
Finding: Changes or alterations have been required in, or incorporated into the project, or are
otherwise being implemented which substantially mitigate or avoid the significant effects on the
environment as summarized above and described in detail in Chapter 4.0, Section 4.9 of the EIR.
Facts in Support of the Finding: Potentially significant project - related visual impacts can be
substantially reduced by implementing the mitigation measure identified below, as contained in
the EIR.
99
MM 4.9 -1a The concrete sides of the 2 -level parking structure shall be textured and
colored for faced with brick or other material consistent with the
structure's associated buildings. Exposed, uncolored concrete sides shall
be avoided.
MM 4.9 -1 b Linear planters and/or trellises with shrubs and cascading vines shall be
provided along the outside of the upper parking level to soften the visual
appearance of the structure.
All significant environmental effects have been substantially lessened by virtue of the measure
described above. No significant, unavoidable adverse impact will remain after implementation of
the required mitigation measure.
The EIR analyzed the cumulative impacts of the project when considered together with other past,
present and reasonably foreseeable future projects which were identified in the EIR. The EIR
concluded that, with the exception of the cumulative impacts on traffic and circulation with
respect to two intersections in the City and long -term, cumulative operational air quality impacts,
all of the cumulative impacts of the project when considered together with the related projects
were less than significant. For these two unavoidable, adverse cumulative impacts, specific
economic legal, social, technological, or other considerations, including provision of employment
opportunities for highly trained workers, make infeasible mitigation measures or alternatives
which would avoid or substantially lessen the significant cumulative environmental effects
identified in the EIR. Any remaining unavoidable, cumulative traffic and circulation impacts and
long -term, cumulative air quality impacts are acceptable when compared to, and balanced against
the facts set forth above and below in the Statement of Overriding Considerations.
V. FINDINGS REGARDING ALTERNATIVES TO THE PROPOSED PROJECT
CEQA requires that an EIR describe a range of reasonable alternatives to the project, or to the location of
the project, which could feasibly attain most of the basic objectives of the project and to evaluate the
comparative merits of the alternatives. Section 15126(d)(1) of the State CEQA Guidelines states that the
.. discussion of alternatives shall focus on alternatives to the project or its location which are capable of
avoiding or substantially lessening any significant effects of the project, even if these alternatives would
impede to some degree the attainment of the project objectives, or would be more costly."
The proposed project has been compared to several "feasible" alternative development scenarios,
including the No Project alternative as prescribed by CEQA. These alternatives include: (1) No Project
(i.e., Existing City General Plan and Koll Center Newport PC); (2) No Development (no additional
development, including 15,000 square feet of allowable retail use); (3) Reduced Development Intensity
(82,000 square feet of professional office development); (4) Alternative Land Use (Industrial /Research
and Development); and (5) Alternative Location.
The analysis contained within the EIR concludes that, with the exception of the project - related cumulative
traffic impacts, air emissions that contribute to and exacerbate the existing ambient conditions in the
SCAB that has been identified as a "non- attainment" area, and cumulative solid waste impacts, the
proposed project will not result in any other long -term project- specific adverse impacts that cannot be
mitigated to a less than significant level. Further, the potential impacts of the proposed project itself have
not been found to significantly impact any sensitive environmental resource which might be avoided by
development at another location. The following discussion summarizes the potential environmental
consequences and highlights the comparative merits associated with each alternative identified as
"potentially feasible" and analyzed in the EIR as well as the "No Development" alternative.
23
A. NO PROJECT (EXISTING GENERAL PLAN /KOLL CENTER NEWPORT PC)
The No Project alternative would allow development of the subject property in accordance with the Koll
Center Newport Planned Community land uses adopted by the City of Newport Beach for Office Site B.
According to the Koll Center Newport PC, approximately 15,000 square feet of yet undeveloped retail
(10,000 square feet) and restaurant (5,000 square feet) uses have been approved within Office Site B;
however, these uses have not been implemented. The No Project alternative analyzes the development
of the remainder of the approved retail and restaurant uses approved for Office Site B.
SUMMARY OF MAJOR ENVIRONMENTAL EFFECTS
Potential impacts identified in the Draft EIR that would be anticipated from implementation of the
proposed project would also occur if the "No Project" alternative were approved by the City; however,
some of the most significant impacts (e.g., traffic, noise, aesthetics, etc.) would be reduced
proportionately with the elimination of the 250,000 square feet of office development that would be
replaced with the 15,000 square feet of retail space and restaurant uses permitted by the adopted Koll
Center Newport Planned Community.
Proiect Objectives: Although implementation of this alternative would be consistent with the adopted
plans for the site, it is inconsistent with the desired major project objectives. In particular, this alternative
would not achieve the goal of facilitating connectivity with the existing and future Conexant development
located adjacent to the subject property.
Feasibilitv: This alternative is feasible and can be implemented pursuant to the adopted plans for the site.
Elimination /Reduction of Siqnificant Impacts: This project is effective at reducing potential traffic and
(long -term) air quality impacts; however, other impacts will be similar as described for the proposed
project.
Comparative Merits: With the exception of the No Development alternative, this alternative, along with the
reduced development intensity alternative would reduce project - related impacts and is comparatively
superior to the proposed project.
B. NO DEVELOPMENT (NO ADDITIONAL EXPANSION)
This alternative would allow the continuation of the existing professional office and parking facilities that
currently occupy the site. Although the KCN Planned Community has been approved for additional
15,000 square feet of retail and restaurant uses (refer to the description of the No Project alternative), this
alternative assumes that such development would not occur, even though permitted by the Koll Center
Newport PC land use allocations. No additional land use entitlements would be requested or required.
SUMMARY OF MAJOR ENVIRONMENTAL EFFECTS
The same environmental consequences identified in the City's General Plan EIR would also be
anticipated under this alternative; however, they would most likely occur at a slower rate than those
anticipated as a result of implementing the proposed project. This is due, primarily, to the limited activities
undertaken by the Community Development Commission pursuant to the Central City Redevelopment
Plan.
Project Objectives: Without additional professional office development as proposed, none of the
applicant/City objectives would be achieved. IN particular, facilitating connectivity with the
adjacent Conexant project and providing additional jobs in the City of Newport Beach 'would not
occur.
Feasibilitv: Although the No Development alternative is considered to be "environmentally
superior" to the other alternatives, it is not feasible when considering the current demand for
24
additional office space in the City of Newport Beach and the availability of land currently
designated for professional office and administrative uses. Implementation of this alternative may
have the effect of placing development pressures for professional office development in other
areas of the City (or subregion) that are currently not designated fur use uses.
Elimination /Reduction of Siqnificant Impacts: By eliminating all of the project - related impacts, this
alternative is considered to be the "environmentally superior" alternative when compared to the
other alternatives.
Comparative Merits: Implementation of this alternative would effectively reduce all of the project -
related impacts, including those resulting from increased traffic, short- and long -term air quality
emissions, short-term noise increases, and potential impacts to fire protection.
C. REDUCED DEVELOPMENT INTENSITY
This alternative includes the same land use (i.e., professional office); however, the intensity of
development has been reduced to yield only 82,000 square feet of gross leasable area in order to
eliminate the proposed project's potential traffic and circulation impacts. Based on this figure, the
proposed building would be approximately four stories in height and occupy the same location as the
proposed project. In addition, rather than requiring two parking structures (i.e., a 6 -level structure to
replace the existing 2 -level structure and an additional 2 -level structure), this alternative would require
either increasing the capacity of the existing 2 -level structure (i.e., demolish the 2 -level and replace it with
a 3- or 4 -level structure) or constructing a 2 -level structure as currently proposed in the southern parking
lot to accommodate the additional, 235 parking spaces that would be required for the 82,000 square foot
addition. While less intense than the proposed project, this alternative would still necessitate the approval
of a General Plan Amendment and amendment to the PC District regulations, as well as a TPO approval
and other related approvals similar to the proposed project.
SUMMARY OF MAJOR ENVIRONMENTAL EFFECTS
Implementation of this alternative will generally result in the similar, but proportionately reduced
environmental consequences described for the proposed project. Specifically, project - related traffic
resulting from this alternative will not reach the "significance thresholds" established by the City's TPO
and Orange County CMP criteria. Further, when receiving credit for the retail and restaurant
development, no significant traffic impacts would occur. Therefore, the significant, unavoidable traffic
impacts would be avoided. Other long -term air quality and noise impacts would be reduced
proportionately. As a result, impacts to the City's sewer, water, storm drain and circulation system could
be exacerbated.
Proiect Objectives: Although the project and City objectives of creating connectivity with the
adjacent Conexant project and providing additional jobs in the City of Newport Beach would
occur, it Would do so to a limited degree and may not be adequate to meet the current demands
for additional office space in the area by Conexant or other potential tenants of the project.
Elimination /Reduction of Siqnificant Impacts: Similarly to the No Project alternative,
implementation of this alternative would effectively reduce all of the significant project - related
impacts, including those resulting from increased traffic (e.g., noise, air quality).
Feasibility: Although this alternative may be feasible, it is not a completely efficient use of the site
for the proposed use in order to meet the current demand for professional office development in
the City of Newport Beach.
Comparative Merits: This alternative is considered to the comparatively "superior," along with the
No Project alternative, when compared to the proposed project and other alternatives. As
indicated above, project - related impacts would be reduced and no significant unavoidable
impacts would occur.
25
D. ALTERNATIVE LAND USE (INDUSTRIAURESEARCH AND DEVELOPMENT)
Given the proximity to Industrial Site 1 within Koll Center Newport as well as the type and character of
development in the area surrounding the subject property, light industrial /research and development uses
could be reasonably developed on the subject property. This alternative although similar in intensity as
the proposed project, would comprise light industrial development, similar in nature to the adjacent
Conexant facility located within Industrial Site 1, also in the KCN Planned Community. Up to 250,000
(gross) square feet of laboratory and office support facilities could be developed on within Office Site B. In
addition to this expansion, site development would also necessitate similar facilities as the proposed
parking structure, including the likely demolition of the 2 -level parking structure and replacement with a 6-
level facility as well as an additional 2 -level parking structure.
SUMMARY OF MAJOR ENVIRONMENTAL EFFECTS
Implementation of the Alternative Land Use will result in virtually the same impacts as the proposed
project. The 250,000 square feet of industrial/research and development space on the subject property
would generate cumulative degradation of several intersections in the City of Newport Beach, resulting in
projected unacceptable levels of service in the long -term. Similarly, air quality impacts would also be
commensurate with the proposed project and would be significant. Both unavoidable traffic and air quality
impacts would be the same as described for the proposed project. Other impacts, including those to water
quality, noise, and aesthetics would be similar to the proposed project as well.
Proiect Objectives: Due to the similarity of this alternative with the proposed project, virtually all of
the applicant/City objectives would be achieved. Most importantly, connectivity with the adjacent
Conexant project would occur, as with the proposed project, and additional jobs would be created
in the City of Newport Beach.
Elimination /Reduction of Significant Impacts: Implementation of this alternative would generally
result in all of the impacts that were described for the project, including increases in traffic, short-
and long -term air quality emissions, short-term noise increases, etc.).
Feasibility: This alternative is feasible and, as indicated above, would allow the applicant to
achieve all of the project objectives.
Comparative Merits: When comparing this alternative to the other alternatives, its impacts are
similar to those of the proposed project and are greater than most of the alternatives.
E. ALTERNATIVE SITE
The State CEQA Guidelines require, where feasible alternative locations exist, that an EIR analyze such
an alternative location if potential project impacts would be lessened by implementing the project in
another location. Such a potential site exists within the Koll Center Newport PC north of the proposed
location within Office Site B. This alternative includes development of the proposed project at a site
located north of the subject property and west of Industrial Site 1, also within Office Site B. The project
parameters are the same as the proposed project and include the development of 250,000 (gross) square
feet of professional office space. In addition to the office space, adequate parking would also be required
to serve the site. This parking could be in the form of parking structures, surface parking or a combination
of these two forms.
SUMMARY OF MAJOR ENVIRONMENTAL EFFECTS
Implementation of the Alternative Site will result in virtually the same impacts as the proposed project.
The 250,000 square feet of industrial /research and development space on the subject property would
generate cumulative degradation of several intersections in the City of Newport Beach, resulting in
projected unacceptable levels of service in the long -term. Similarly, air quality impacts would also be
26
commensurate with the proposed project and would be significant. Both unavoidable traffic and air quality
impacts would be the same as described for the proposed project. Other impacts, including those to water
quality, noise, and aesthetics would be similar to the proposed project as well.
Proiect Obiectives: Due to the similarity of this alternative to the proposed project, all of the
project objectives would be achieved, including those that would benefit the City of Newport
Beach. Most importantly, connectivity with the adjacent Conexant project could occur, as with the
proposed project, and the City of Newport Beach would receive the benefit of additional jobs that
would be created to satisfy the local demand.
Elimination /Reduction of Significant Impacts: Implementation of this alternative would generally
result in all of the impacts that were described for the proposed project, including those resulting
from increased traffic (i.e., short- and long -term air quality emissions and short-term noise
increases). In addition, traffic impacts will remain significant, as identified and described for the
proposed project.
Feasibility: As indicated above, this project is not only similar to the proposed project but it would
also achieve the stated project objectives and is feasible to implement. Further, the development
would be provided on a site that is currently designated to accommodate the proposed use.
Comparative Merits: When comparing this alternative to the proposed project and the other
alternatives, its impacts are similar to those of the proposed project and are greater than the other
alternatives.
VI. GENERAL FINDINGS
1. The plans for the project have been prepared and analyzed so as to provide for public
involvement in the planning and CEQA processes.
2. The degree that any impacts described in the EIR are perceived to have a significant
effect on the environment, or such impacts appear ambiguous as to their effect on the
environment, any significant effect of such impacts has been substantially lessened or
avoided by the standard conditions and mitigation measures set forth in the Final EIR or
is outweighed by the facts set forth in the Statement of Overriding Considerations.
3. Comments regarding the Draft EIR received during the public review period have been
adequately responded to in written Responses to Comments attached to the Final EIR.
Any significant effects described in such comments were avoided or substantially
lessened by the standard conditions mitigation measures described in the Draft EIR or
are outweighed by the facts set forth in the Statement of Overriding Considerations.
4. The analysis contained in the Draft EIR of the environmental effects and mitigation
measures represent the independent judgment and analysis of the City of Newport
Beach.
27
EXHIBIT EIR -2:
STATEMENT OF OVERRIDING CONSIDERATIONS
OFFICE SITE B EXPANSION - KOLL CENTER NEWPORT PC
I. INTRODUCTION
This City Council adopts and makes this Statement of Overriding Considerations concerning the Koll Center
Newport project's unavoidable significant impacts in order to explain why the project's benefits override and
outweigh its unavoidable impacts.
The project will bring substantial benefits to the City of Newport Beach, including but not limited to, the
provision of jobs for highly- trained workers, the provision of additional professional office development in
close proximity to existing and proposed residential sectors, the realization of a net annual recurring revenue
surplus of approximately $52,000, the payment of a traffic mitigation fee of $8.00 per square foot of the
allowed additional building entitlement, or $2 million, the payment of $0.45 per square foot of the allowed
additional building entitlement, or $112,500, for the purpose of funding a Planning Study for the John
Wayne Airport area, and the payment of a $60,000 "fair share" fee to contribute to the cost of a new fire
station to serve the Koll Center Newport Planned Community and other nearby areas of the City.
The City Council finds that the project's unavoidable impacts are acceptable in light of the project's
benefits. Each benefit set forth in this Statement constitutes an overriding consideration warranting
approval of the project, independent of the other benefits, despite each and every unavoidable impact.
II. UNAVOIDABLE ADVERSE IMPACTS
The Environmental impact Report and City staff review identified the following impacts that could not be
mitigated to a less than significant level.
Transportation and Circulation
At two intersections where significant cumulative traffic impacts are forecast as a result of project - related
traffic, i.e. MacArthur Boulevard/Jamboree Road and Jamboree Road/Campus Drive, no feasible mitigation
measures have been identified. The feasibility of implementing improvements to these intersections that will
mitigate the significant impacts are being evaluated. However, until the appropriate improvements are
identified, these impacts are considered significant and unavoidable:
Impact 4.4 -2: Traffic generated by the proposed project will contribute to the cumulative
degradation of the MacArthur Boulevard/Jamboree Road intersection in the City of
Newport Beach during the p.m. peak hour, which is forecast to operate at an
unacceptable level of service (i.e., 0.95 ICU/LOS E) with the implementation of the
proposed project and buildout of other projects. [note: above ICU number is
correction of typographical error in Draft EIR)
Impact 4.4 -5: Traffic generated by the proposed project will contribute to the cumulative
degradation of the Jamboree Road/Campus Drive intersection in the City of
Newport Beach during the p.m. peak hour, which is forecast to operate at an
unacceptable level of service (i.e., 0.99 ICU/LOS E) with the implementation of the
proposed project and buildout of other projects.
Air Quality
Because an individual development cannot carry out measures that would substantially reduce vehicle
trips (VT) generated or vehicles miles traveled (VMT), effective programs that reduce single - occupant
vehicle trips must be more regional in nature. Transit availability, bicycle paths, park- and -ride facilities,
HOV lanes, etc., as important elements of any VT/VMT reduction programs, can only be integrated on a
City- or county- or basin -wide basis rather than through the efforts of any single residential subdivision.
The ability of any developer to effect pollution reducing travel mode choices by future occupants is small.
As a result, the project- related air quality impacts and cumulative impacts will remain significant and
unavoidable. These significant unavoidable air quality impacts include:
Impact 4.5 -I: Project implementation will result in short -term construction emissions resulting
from the use of construction equipment. Project- related emissions of oxides of
nitrogen (NOx) will exceed the significance threshold established by the SCAQMD.
Impact 4.5 -2: Project implementation will result in long -term pollutant emissions resulting from
mobile and stationary sources. Project- related emissions of reactive organic gas
ROG) and oxides of nitrogen (NOx) will exceed the significance thresholds
established by the SCAQMD.
In addition to the impacts of the project described above, the project, in conjunction with other past,
present, and reasonably foreseeable future projects will result in significant cumulative impacts related to
several intersections within the City for which no feasible mitigation measures have been identified.
Additionally, the project, in conjunction with other past, present and foreseeable future projects will
exacerbate the currently degraded regional ambient air quality and will have an unavoidable significant
long -term cumulative impact on air quality, even after implementation of mitigation.
III. OVERRIDING CONSIDERATIONS
The proposed project consists of the adoption of a General Plan Amendment, an Amendment to the
Planned Community District Regulations adopted for the Koll Center Newport Planned Community, a
development agreement, and related actions. Analysis in the Environmental Impact Report (EIR) for this
project has concluded that implementation of the proposed project will result in long -term, project - related
and cumulative impacts that cannot be mitigated to a less than significant level. Impacts in these and other
cases have been mitigated to the extent considered feasible. All significant adverse impacts are identified
in the EIR and are addressed in the Statement of Findings for the project.
The Newport Beach City Council determines that the residual unavoidable adverse air quality and traffic
impacts identified in Section II which will remain after mitigation are outweighed by specific economic,
legal, social, technological, or other benefits of the project. In making this determination, the following
factors and public benefits were considered as overriding considerations that apply to each unavoidable
impact.
The project provides short -term construction jobs and will also foster the provision of jobs
for highly- trained workers that will strengthen the City's existing general employment base.
2. The project provides additional professional office development in close proximity to
existing and proposed residential sectors of the City and County, thereby providing the
opportunity to reduce commute distances and reduce traffic and air emissions.
2
The proposed development is designed and landscaped so as to provide an
aesthetically pleasing business environment that is compatible with the surrounding
professional office and commercial areas within the John Wayne Airport complex.
Project implementation will result in a net annual recurring revenue surplus of
approximately $52,000, based on the fiscal impact analysis prepared for the project. As a
result, the project will pay for itself and will not require City funds or resources to provide
needed public facilities and services.
The Project will provide resources to the Newport -Mesa Unified School District via
payment of a floor area development fee assessed to new commercial development under
state law.
6. The Project will pay transportation fees to the San Joaquin Hills Transportation
Corridor Joint Powers Authority and/or Transportation Corridor Agencies for improvements
to regional transportation facilities, including the San Joaquin Hills Transportation Corridor.
The Project will pay "Fair Share Traffic Fees" in the amount of $235,570 for
circulation improvements that will be constructed in the City of Newport Beach. These
improvements will be undertaken by the City to alleviate unacceptable service levels at
intersections and along roadway segments both in the project area and in the City of
Newport Beach.
8. The Project will pay a Traffic Phasing Ordinance fee of $70,000 to contribute to the
improvements identified for the MacArthur Boulevard/Jamboree Road intersection. These
improvements include the construction of a second northbound left turn lane on MacArthur
Boulevard, a second southbound left -tum lane on MacArthur Boulevard, and a second
northbound right -tum lane on MacArthur Boulevard. Implementation of these improvements
will fully mitigate the short -range impacts of project trips at that intersection.
9. The Project will pay a mitigation fee of $8.00 per square foot of the allowed 250,000
gross square feet of additional entitlement, or $2 million. Those funds will be used to pay for
mitigating the long -range traffic impacts at intersections in the area of the project.
10. The Project will pay a fee of $0.45 per square foot for the allowed 250,000 gross
square feet of additional entitlement, or $112,500, to the City of Newport Beach to be used
by the City solely for the purpose of funding a Planning Study for the John Wayne Airport
area -The planning study will determine the type and intensity of further development which
should be permitted in the area and the road and other infrastructure improvements which
will be needed to accommodate existing and future development.
11. The Project will pay a $60,000 "fair share" fee of the estimated $2,000,000 needed to
construct and equip a new fire station in the City of Newport Beach that will serve, not only
the Koll Center Newport Planned Community, but also a larger service area identified by the
City. The $60,000 paid by the project applicant will be used solely to fund the acquisition of
a new fire station site, the construction of a new fire station, and/or the equipment/staffing of
the station.
12. The proposed project will help to achieve several goals and policies articulated in the
Newport Beach General Plan, including the following:
3
a. The City shall provide for sufficient diversity of land uses so that schools, employment,
recreation areas, public facilities, churches and neighborhood shopping centers are in
close proximity to each resident of the community: The project consists of the
intensification of office development on a project site that is already designated for and
substantially developed in Administrative, Professional and Financial Commercial use.
Since the project site is located in proximity to residential areas, the additional
employment opportunities resulting from construction of a new 250,000 square -foot
office tower on the site would contribute to a more desirable jobs- housing balance in the
area.
b. The siting of new buildings and structures shall be controlled and regulated to insure, to
the extent practical, the preservation of public views, the preservation of unique natural
resources, and to minimize the alteration of natural land forms along bluffs and cliffs:
The site of the new office tower is set back substantially from both MacArthur
Boulevard and Jamboree Road in order to mitigate visual impacts from public streets.
One of the new parking structures will be located close to the intersection of MacArthur
and Jamboree. However, this two -level structure will be depressed partially below grade
and the perimeter of the structure will be heavily landscaped in order to soften public
views. Additionally, the existing two -level parking structure just north of the existing
twin ten -story office towers will be replaced with a new six -level structure located 200
feet further back from Jamboree and 50 feet further back from MacArthur than the
existing structure. Per design standards added to the PC text, both new parking structures
will be textured and landscaped to soften their visual impacts.
c. The City shall develop and maintain suitable and adequate standards for landscaping,
sign control, site and building design, parking and undergrounding of utilities and other
development standards to insure that the beauty and charm of existing residential
neighborhoods is maintained, that commercial and office projects are aesthetically
pleasing and compatible with surrounding land uses and that the appearance of and
activities conducted within, industrial developments are also compatible with
surrounding land uses and consistent with the public health, safety and welfare: The PC
District Plan, i.e. the KCN Planned Community text, contains extensive landscaping
standards for different building heights. In the case of the proposed ten -story building,
substantial landscaping will be required within Office Site B to soften and mitigate the
development. The PC text also contains detailed standards for parking, signs and other
development standards.
a
EXHIBIT EIR -3:
MITIGATION MONITORING AND REPORTING PROGRAM
KOLL CENTER NEWPORT
INTRODUCTION
The California Public Resources code Section 2108.16 requires that a lead or responsible
agency adopt a mitigation monitoring and reporting program (MMRP) when approving or
carrying out a project where an environmental document, either an environmental impact report
(EIR) or a mitigated negative declaration, has identified measures to reduce potential adverse
environmental impacts to levels that are less than significant. An EIR has been prepared for this
project which addresses the potential environmental impacts and, where appropriate,
recommends measures to mitigate these impacts. An MMRP is, therefore, required to ensure
that adopted mitigation measures are successfully implemented. The City of Newport Beach is
the lead agency for the Koll Center Newport Planned Community (PC) project and, therefore, is
responsible for implementation of the MMRP. This report describes the MMRP for the Koll
Center Newport PC project and identifies the department in the City of Newport Beach that will
be responsible for monitoring implementation of the MMRP.
MITIGATION MONITORING AND REPORTING PROGRAM MANAGEMENT
The MMRP for the Koll Center Newport PC project will be active through all phases of the project,
including design, construction, and operation. The proposed project will be developed in phases
and will include building permits, occupancy permits and other permits required for implementation
of the project components. There are mitigation measures that must be continuously implemented
throughout the development of the project site. For example, mitigation measures implemented
"prior to building permits" must be implemented prior to the issuance of each building permit issued
for the project. The enforcement of the MMRP is also the responsibility of the City of Newport
Beach. The City personnel responsible for verifying compliance with the mitigation measures are
identified in the MMRP and include the Planning Director, the Director of Public Works, Utilities
Director, and the City Engineer, and City Traffic Engineer (or their designees). These department
heads are responsible for ensuring that the mitigation measures are implemented by the project
applicant. If an adopted mitigation measures is not being properly implemented, the designated
monitoring personnel shall require corrective actions to ensure adequate implementation.
MITIGATION MONITORING AND REPORTING PROGRAM
The attached table identifies the mitigation program required to be implemented by the project
applicant for the Koll Center Newport PC project. The mitigation program includes the following
components: (1) standards conditions (SCs); and (2) mitigation measures (MMs). The table
identifies the timing of implementation, the respective measure (i.e. SC or MM) required, and
the individual responsible for monitoring compliance. The MMRP also includes columns that will
be used by the compliance monitor to document when implementation of the measure is
completed.
Mitigation Monitoring and Reporting Program
Kell Center Newport PC - Office Site B
Page 1 of 13
THIS PAGE
INTENTIONALLY
LEFT BLANK
Mitigation Monitoring and Reporting Program
Koff Center Newport PC - O a Site B
Page 2 o/ 13
a
� y
W
M y
0.Q
('f W
Z2
Z
O!2
ILs
W
Z 0
Z Z
0.Q
Zzo
OC -
0 O
Z
O tC.)
N 0
z
00
H Z
g
H
2
g
0
U
W Q
ZV
QU
CL W
CO
Q 0
30.
W
ZW
M
W
Z
W
U
J
J
Y
N_
w
O
M
W
Ll
a
2
J
Q
O
1=
?
W
J
a
0
U
W
f
Q
p
J ZW
NW
U
m z
2
O m
c
°
m
O m
C
9 0 m
C
O m
C
c
� a
c
° c
z o pc
a
mm
d'3
m_m
BEd
dm
a z2
Co.
om
i5 0.
0000.
o0.
2U
W O
QV
Q
00
o
E
o
g
n o
'90
Em o
e
pQ
mm
OS
_
OUS
E.-
W0
Q
c0c) m
= LL.
i pQ
i
pnQ
m U m
w2
mQ
p
mQ
o
c-
¢
mi nd
2j
W
OQ2
z
Jmi
Q O
m CC
C
Jmi
Q
V
7 c
m rC
O
LL O
O
m 6
C
m m
O
m p
O =
A m
f
Q
O
z
`fin
JLL
N
8m
nV
JLL
z
J Q
Q
2
=
om
Oa
om
U
pJ
o '0.
w
om
co
o0.
t
pc
0
00
a
x
a`
0 N 0
W
3m
E
m
om
2e
Q£m£LL
LL MO
O
p °
cTion
U
° °am
c
Q
Zon
N
o£:�d
0 0..m=
o0. M�
7
mnn
N d
_ oNc �o
Ea
rm a
E
S no
m a
r
m'3
y0.
o�co
o- m m
"mo -m
m
o�'£
W
3c
co
m
`0.i °�
E
c°��
aaciU
D
a`O
m J
J J
N N
�nmcy
€ t
m
0
W
0.O
J
C Y
�r
0 y =,Lm
�_
U
g
c
°m °
N�
— m
rE
0
m m
0O
—
tc
3o
a.
cmo10
g
cm'v
N O
m .0
N Q U E
LL m m L 4j
Q
m°
mL'am
c�E"i�
cWn
NN
C0 00, .
°
E
IT cEm a
F
_
0
m o
0.
r
m om
c
m
m LL
—
=0.
N
c o—
�' m c
0- m m
m�u
0 c m m
rn
0.
o
c m
n o 0 o
w e a; o
y£ n
no
It
�w °=E
mumy3�
m2 3a
nn�nN�E
aOm c,
Pmi
m°
acn'3°
Nm
n26
9j
NON6�
mC7V `'J
mACJ
nl mn mn
¢n
¢UaEE
F- =n33w 0
m0
«
N
t7
V
«
Sg oQ
U
U
U
U
U
N
N
N
N
N
N_
w
O
M
W
Ll
a
2
N
O
F
F
w
z_
J
a
O
w
U
1-
Q
D
V �
U
N _
off?
o
c of
Opa
Uly(n
mm�m
mo`O
oao
y0
a�
w�U
0
O O
U
U
~
D
OU
U
U
f
w ¢ M
a
a
2w
OF
'`am
�a
ZV
0 F,v m=
ov
ALL.
d.j C
m
1 W
° d m c
>
0. 2 0 3
a o
J�
6
7
O
2 £ B ££
t
m
o�
£
°
£o ma
0
m
2
a
o
-E
3°o
0.-
_a
-6.2)
Q
y?a °ca
:2
> 0
v£
-d€
o
3
om
sao 'm4
' .2
c
c
mm
E�w
m
c
' E
T-
N
Emcn 2^o
m
-
m3
m c
a
N �
`=£o
ma'O�mm
a Z5
°
" co
=
E
3
0O ._r
r
- a-U O
°
0
oa o
a0w
°
m m m mw
d m a a
C o c a
m
a m
ua
s
° m-M-
o
m
<
nO ° a
U m€ m
0 aM
0°
ad
m
C
€ 2 a
�
M
m m� o
w m
--
£
o 2
'.00
O
t F
7
N
M- c m
o
U
�
m a m a
m
a$Q £
' r 0
w E
c m
w
c m m w
-N p
£ £
o i£
m o
z
Tm m
22 0c2
yo
-$aa
co
E
a
m
ana£2Ec
Fc0
€O hum
303
�c
mm
T
f
a°m=`�wm
2 Et
c m
Am U
m— N
O y
0 c m O
£ T m 6
'
4
o r
c a
Q O
° m m cE c
6 r
0£
m
U
$
E r
m
O
m
€
F
m P m
rna id p°
m
'T
"
c E
m m r
m c
mo7 n °
c
>>
��•'wcc
E �
c
o o
oJ
°Q
c
m v M
£a
m
w aaM a
um nm
e2a02
ao m
5
c m Oo o
O_ m _
m m
>
2
O $ 2
—
i- m m
0 E 2 O V O
U
0 =
0
C
C
N m
r
/x
U m
C N> �
0
€ U£
Qm
N
m
c C
wmm0
m �5
0
a-6.2)
E
M 622 c °
p N E O>
o � a
m d
a € t
m
Q
m
O ar a a p
Z 0
° 0
0
N
1°c
a £7n°ZE
Z 2
N
N
�
Cl?
g
O
O
U
U
N
N
N
0
V
on
0.
a
Z
N
F
E
w
J
LL
z
-
O
U
w
1-
Q
O
f Z W
two
FOZ
OQ
o Q
o rn
c
Z z J
oLL
m 7
pm
d m
oa
a.
(n
oU
QIu
LL
Z
00
U
c
O Q
U
o
U_
C
y
LL
LU
a
�LU
z
m
U €
c
O_
LLO
mm
U
N m
N
C
6
O
�LL
ov
m
c
W
oU
1
>
a 5
O
o�
m
o_ m
Ti m m c m
v o_
m m
c m d
0
c v
S E
m a
m N
>
n
o
c �E g
o
m
°y
=-
ro� m
U a
m
E
c Q
y °Q"N
a LL '
m'Um
m4 E
L° m a
o m
mm
m
o
m
-0
ai
0
J-3
ppm
0 _
c o
° a
TI
m
S
a m m
z
a
m
0
n a
L u
m
m
r
y c Lo =
6
o m 2 m
m
Q
C
r
~y
m m m
n
m
w
Q
U O
C
lm i
L 0
0
U
m
m
50um
EEw m
�
Ep
a
°
mOm cm
0
0
FC °
E
uZ
d
> E
mm
O w'A m
m 0 E m
m
m c
m e
m a
C
o ,.
m m c'a E 0
m o Q€
m E
o
=m '
o $
O -
r$
n2
O = N
m D
p s
C
O m
C
6
O m
m
£
m
-
0
' >
O m
m 0— m
m m m
m m
O O
O
LL
S 0
0
0 02
H"
any n
;aQ
c
x
m
a0L
p
y
L° v� E
m
a
m m
m
_o m'
nH0
o m
mom rna
°mm
E =°
na
o
c
m m
`O'
L
.0�
'o
= $ c
m a c
� m
mmy
ma m
nm`
V)
n
E5'Q=
n
tmm m
'i
c�`O'ami
cRm
rnyc
0°
mnc
c
0
¢
N m a n°
r 5 i E
)- .. n �
i- m n
3 m�
m
z
.
.
.
.
.
.
iwEa
rn
=
m
Ci
v
Ci
L9
U�
NU
U
N
N
0
h
oU0
o+
N
w
O
d
by
a
N
2
O
F
F
w
2
J
a
O
w
U
H
Q
O
C7
0
Z w
m O a
U
m 0
U
m 0
a
O
o
"�
H�
u° 0
H
Z Z J
00M
Z c
2 m 3 �i
D c
M22
Ow
Ow
OLLm
Ow
0U
a
Qw
LL
2
00 P
M
C
m =
m
m
OOV
_
mm
ip 'c
NE
U
c
U
HLL
°
mLL
w
m
c
m
w2
M j
a
a
Z
U O
U O
U O
U c
LL O 2
o
m M o
m mtm
O H O
y m m
m�
_m
N m m
'-°�
N m C
J LL
00
Z- Q
a
OL
a
Or
2
O
= �
.J
U
m U
U
m U
r U
m U
Oa
�LL
2
;
a`5O
a`5O
a`5O
ao
U
ZO
a
Z
E>0c
me
£� -Om a=i `3
EaF FL m =mcmi c cuai0 v
o
a
OQ m O
a
m
c �
as mm m
m 0
S Z c rn c
.�
awg y
E'a
u2.`m
�au
° -ymE m'o
aE,,,�ta
�m�wt �.`= -,m i`OC7
2c °yo _mo c
�.
me
M..
wmZ0 pmt o
o
y9E�mm
rn�'��j� c
a
c
mHc°i. �ma� t
a 2
oNc a
im mm wc
o
m= Eo-
m
°o 'gy o
aam -
ao -mm
�rn
m O
a M
m
a= ma c m
O0 0f Cy mo- E a
aE°
�ramcoa
r
a
E°A0y
Mo F 0
oaC -- =
y
uE
cd
oU
x0-- m m
mE °m_
cm m
LU
m mm
a%
°m
5 oo
a.2
E .
o ato
a
ama°
20
E E
aao.9ao c
m
€am ~Z
c E
°
m 0 j y°=
0m
(tc
F
w uE -0
m
a 0 M 0
m
oO
Eam
Q
7
CF
mE
=c0
y m
0m`rnm
c a cF =E0 0 m
=
0 E
m
�m�a�
aO
amE ac
0 m Mc yrn
g
w•w
m 0
a
a
E =
- a
_m
m a c m m c m
m a c
_-w�am
$o�m d
a
02£E "m
2
$mm
cl —1 E
o£
u
Em 0
°a
o
00 m_ m
Ea = �j
y
mm a
'c
r
c s " m
o
mm£
0
Z2E.2:
E
32 ^:
m °6m a -aw E
m
~
v
0
° am m
k0E
0
o
o — Z
o m N
N
'L m
. c %
m N U O m
O� O
m0oa
00
N m �Eo0c
o m
0
O d
ma
o``c
c 0
2m
m a— m m
EE ma
o m
m 0 =
.a ip
amyaE
ama
$
a
$wPEa
°Em`l-3
m mi
o
N
a
7
a
a
Z
N
w
O
d
by
a
N
N
N
OD
a
N
2
O
f
f
w
2
J
-
a
0
O
w
U
1-
Q
O
C7
U
J¢ U
m O Z
U
J
U
O m
O m
O
Q
O
m m
O
O S
O s
p
O s
p
O s
p
Z
U =
U =
U
On
T
U
s
mm
UW
mm
dm
CO
dm
Nio
W�U
0
¢ 0
2
09
m
m
m
rn
rn
rn
a
0O V
y E
y
y E
m°
m°
0
m°
m°
__
T
T
ip 'c
ip 'c
Z
U O
m
LL O
m U
E C
m
0 O
O
ry 0
O
O
O f
Q
N m m
y E
n
i' p
N m C
Qi V
Qi V
J n
W V
O) V
C
z
i
Q
o
C
` C
F ¢
000
000
0
0
0m
0
0
>
0
n 0
a m
a 0
a o
F
i 00 �`` -'0m,�
mom
voa
o
m -a
,0
.�£
IOU
c a m c@ m m
c 2 E
0
° m
3
mEd a¢mLm
m
m
S>2
mma
o mam c�
w
m
m rn
c
a�cy
T
S
o' E
a ,
ao
m
rnm a
E
E L, mN
'mom
0 rn=
0
m
o
o c u o c
E w
m o
E
c m
P
cE ,o
0
0
d
a
0
m
E
0
rn
C 0
E
`
E
C
G C
w
Z 0 w O C
CO
p >0ro
wD
pm
O
i,
�
_w
>
a
m
V C d
c
m ,E
im;
L0 E%C m -
n I w
o€ E
"%
m
m
rn
c
m
w
o� O =
� c U
a
0>
wQ
E
o-
a
a�
c
Z
m o m I
o a V o
m
m
0
m m
m 0
m m
m oc
c_
EE
°m
E
C?
F
OOE cw0
m 0d mO
@ m
c
Em— mm
m
00
Ev
m
O m (
L
m
O p C
m
p
m m
F
n
Em
0 O L O , = m E N
>
0
O
Ll
y
0
m
0
p
m O
0 U w
o VO O
0
3 -
�
0 O C O 0 0 C m v0
o Z.c._ E
O E
mo¢�
1 L= C
0 0 0 c5m
0
gm m
C
o
O p
0
m
0
w
mn
E °n w i
t
o
°
o c
t
_ E
m
N 5
-
O
'
m o 0
m m
m' w
m¢
C U
E
i
°'m
w
C
0 0 0 a a a
0 0 0 C E
LL0
w
C
E
Cl
V �ur
mm om3
o
omo m m
o no
C 0
EE
i
w ii
m 01
a >m
-2
;
mur
D°
i
o 2
OQ �m
m
(L
o m n m
>
c c
c
c
c
o E ;Z
a
¢
c
o '
o
mO 0
> m
S
2
m
Q
Q
g
gc
S Z
v
v
v
N
N
N
N
N
U
U
v
v
v
N
N
N
N
N
N
N
N
OD
a
N_
w
O
00
d
by
a
N
Z
O
F
LU
w
Z
J
a
—
g
O
w
U
H
Q
O
�=w
O
O
O
O
U
U
U
U
0
U
m O Z
f Q
O C
O C
V
O C
V
O C
O C
°
°'O
C
N 0
N 0
m 0
N 0
G
°'C
Z 0
C
N
ZJ
a
o=
o=
u=
a
v
a
0-
V
°=
u=
H'-
Zp pa
mm
mm
mm
0
mm
mm
0m
dm
mm
'o
dm
ygg
O
o
0
0
0
0
o
Uw
Uw
Uw
Uw
pa
Uw
W�U
m LL
Z
OU
p'C
p'
p'C
p'C
.
if
.
U
y.g C
y.0
H ILL
0
0
0
o
0
o
o
o
m
m
m
wm
i
i
2
i
i
i
Ui
i
a
g
a
i
a
a
gj
Z
c
c
c
c
c
c
c
c
c
m€
m
m
LL O
o
0
0
0
0
0
0
0
o
m m
o
0
o
m€
m
rn'F',
0
(7 Q
C
t
C`
C`
C p
t
C p
C`
t
_ °l
C`
C J
C`
a
_ U
J N
J "'
J m
J "'
J N
J `�
] `�
] N
] `�
C
]
]"
J
C
C
Oc
O`�
O c
cl
Oc
cl
cl
O c
cl
O
°m
N
Oc
O`�
N
O c
m
°m
m
g
pW
o
U
0
U
0
U
0
U
0
U
0
U
0
U
0
U
0
U
=(�
0
U
0
U
0
U
o0
S
�m
>
aS
a`o
a`o
M
.Nm.,
a
am
d��
c
3
0
a0
a
M
a
a
w
m
g
r
w
n
a
ro
3
-
=
'mmmo
OPi
0m
y3
rn
or
LU
p
m
ml
N j C 0
C
M 0.
U
d 0
0
O
m S
O
O
0
ml
0
m
E
a as
m
c m
E
U x
a vi
0
m
LU
wa
'm
mm
m
ao
=
r
m °c
£aq
aS
OL�
g
a
'C
C N'Z
F
m
mE
a
w
v
ao o
maa
E 8i
5c
m
—U
m
a
m
3 >>
oao
m—
a
m
� U0a
O a
_c
c
C
O
C
-'
m
a
> ° m a
o°
.
.o
m
o
.
>
m a @
o
m
m
a
c
o
as.°
v
rn mc
rna>
c
>
rnc
o0
25
a°
M
t
a
0 0
rn
0 n
E
° m
E U
m
°N >
mg
°m
m
v
°
o Z
o f
o
w a
S0
E
0M
Nw
m E
a O
U
U
N N
C
c�
N
O' _
0
rn 0
O 0
L
0
°
c
m 0
E
0 0
>
0 c
m
c E
o
a t
wU
o�
u
a
02
w`oc o
o
ac
'�
ty
m
m m
n
��
v .
m
ct
E
0
°
Ec=i
c
a�
C°
a
H$
Q U E
Q U
H o
c
Q C m
H w
tom
Q o'm
Q �°
m
a
U
a
m
—
rn
t
s
—
m
m
n
16
16
1
a
16
16
16
16
16
16
v
v
a
v
v
v
v
v
v
i
N
N
i
i
m
i
i
i
i
i
i
g
N_
w
O
00
d
by
a
cq
O
Q\
N
on
6tl
a
N
Z
O
F
F
w
z
J
a
—
O
w
U
1-
Q
O
2 w
o
J Q U
L m
O
O
O
0 6A
O CA
N V
m
O ml
O CA
Fn O=
fQ
N m
c
c
`o ;o
C
`o ;o
c
`o ;o
c
of
C
o'E
'U.
Omc
c
`O.�
c
oC
C
`O.F
C
`o ff
C
`o ff
Ol
oc o
V=ZJ
ZOpa
F''�
U—
U=
Ur
mm
UC
UC
6n �'�
UC
UC
UC
UC
UC
UCpa
'T"�j
0m
Em
0
mm
mm
c2,°
dm
is-
mm
dm
dm
dm
CO
0
0
Sa
oa
�Uw
i5
oa
oa
oa
oa
y�o
w U
a
LL
LL Z
p
s
U
s
s
U
s
U
s
U
s
U
s
U
s
U
s
U
s
U
s
U
s
U
F
C
L
U
L
U
L
U
L
U
L
U
L
U
L
U
L
U
L
L
L
L
O
00
c
c
c
c
c
c
c
c
c
c
c
c
N
f IL
m
m
m
m
m
m
m
m
m
m
m
m
a
a
a
a
a
a
a
a
a
a
a
a
2i¢
>
c€
c€
c E
c E
c 0
c€
c o
c o
c
O
LLZ
wa
0 a
gy
c
O
c
c
as
'-
cat
-
-c
--
c
s
w c
w
zo
w7Q
o
o
E 2
ZV
Oa
ov
Og
ov
O�j
FW
om
cm
om
om
oU0
om
`o_UO
o00
O
`oU0
O
O
"5
>
a`o
ao
a`o
a`o
a`o
is—
a`o
a`o
a
w
m
y
`Fn t
m
z
U ip
o
N
5Z-D0
cmi
Q C
j a
g
N a
O
6O
m m`
O
T)
E
MN
N
E
C N m T
6'
'0
c
o Q
S0
T)
'
E
m
d
arm or
'coE
E ° o L
°
o
m
me
!
Ym
c= £
N>m
�
amc
2
EaEO
aE
a
`
o
°
O�
°6
a
?
E
j
o
ac
om
too
t
�O m
r–o�a
w d
u
u
°m
?L3
m
too
w
m
mm
c
0
O
E
6nr m
ao
oc `o
0-
m
.
O
m
E
m
s
u
m
U °
N
L m
T
m
Or
d
N
v
ma
y
U
°
mrn $
tm>
2a2
a
t�
�
v5
°
'
E'
m
m "�
E 0 E
N
��0
Z
5 m
'
E N
Oa
m m
vi
6 as
•
5
m °
c
O
o
am
m
om
m
U
m
mm
d
o
E
1 O
2660
m
m e
o
76
o m
U
>
m
O °
m m r
E a m
a
a
E
om
c m
'a`9m
Lo
O° O
a
$
F
m
o0
m
m
c Ts
>>
aac
Nr
°
o
°
m
ca
o
;0
a
m o
Em
_w 4a
O
>
i
pam
m
m m
O
aOC
O m
wm
LL
m
Is 2
a
°6 m
ac
m.a
a
.
2
m°d
m
L£mm
`�
o
I
>
0p
m o i
'>o=
OL
f
a 0
a
�
€E
a
am
46m o
Eo
E>ac
6
mN
>m
O
aam
Q
z iO
as o ` 3
m
C
a o
0 m
5
a m
m m
m m
m m
m �
a N Q
cm
°
=
o
OE
'
w
ao
°
o
2
w i
E E
5
m
U
° m
0
° d
c E
� m m
c
o E o
m
c
o
is-
as
m
m
0
>
o¢Ea
0
woo
odo
a
U
a
m
a
L
s
E
N
N
N
N
N
N
N
N
N
N
N
N
1n
h
h
h
h
1n
h
Ul
ul
h
h
h
cq
O
Q\
N
on
6tl
a
Z
N
O
P
f
w
z
J
-
LL
O
w
U
1-
Q
O
U
U
U
O
m
U
_
m
U
_
m
U
0
0
0
r
m Z
O f
o c mO
c
o o
a
a
O
a
d
.m fie
U
U
U
m
0 'c
'E
N Q
c
c
o
° p0 v
o
PZ J
O
;5�
m
E
m
=
d0m
2
O d 0
i5
IL
IL
IL
LL O
LL
N O
U
U
U
E
d
IL m
W�U
O
O
O
¢ LL
LL =
O 0
ml
c
ml
c
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
0 p
m ;5
m
m
m
m
m
m
m
m
m
m
O U
r
pl .E
N .E
U
U
U
U
U
U
U
U
U
U
f=
O
O
m
m
m
m
m
m
m
m
m
m
w¢
a
a
a
a
a
a
a
a
a
a
2 L
Z
o
0
o
p
U €€
E
c
m€
U
U
LL O
C
o_
C
o
m m
T
m
c T
J
pppN
y
(pp
(pp
J
(Upp
c€
J
c
J
O f
mt
m w
N
J d
N
J C
N ro
C
N ro
J d
N
J d
N
J d
N
d
N
J d
N
d
N
d
N
Q
C`
C �
W
N�
ro
ro
N�
N�
N�
N�
N�
N�
Nm
Z LL
J
O
J
O
J
O =p
r 00
2,f 00
O V
O V
2-5
25
2:6
O V
O 9
O
O'0
0 U
UO
0 UO
�
�
�
�
�
5
�
�
rW
Q
m
m
m
i
d
d 0
d 0
d
d
d
d 0
d
0
Q
_
0U
O
Op
W
rn
O N
c
a Y ro
c
0
O
A
m -
0
9
'p
A N N
.L.
U
m
U
0
r
T
°c
o
j
m3
m 0
pC a
y
'S
as
ro
m 06
a
a
¢
LU
c
m m
c i0
ro 0�
T
° m
E E
c
a
FL
rn
TL c
c 0 m
m 2
ro
_
0
c
a
p, m
c
o
0
a
_0
ro
C
U
Y�
y is
m`
Zoo
0
- O_
r
ro
0
p
0 U
a
J
Z
�
y
9=E
0
�
?
J
T
r
0
c
E
LL
m
o
a
rn m
a
w
ro y
�LL N
0
m m
ro n
am
a
E
a
Z c
E
0 m
a�
L
W
m
3rn
m
yL°
Ts
'32�
mn
a
�cE
Eo
cc
m
Q
w
Lm'rro.- 0
U
€m
0
o
g
m3
o
?c E
=
2
ca
°o
ro
.-
�U �
O
F
p
cc
"
aw�
an
mam
am
$m
as
35E
%t0
°.c
Q
—_
m
o
m r
LO
Lro
F
�"
_
c
Ep
ac
0m
°Q
°L)
0c0
H°
cv
3
—mmn
m O
mrov+
Ecac
mm
eU
10
a�LL$
m"�,f
dm
"Z
mp
m 0
0 0
C
N 0 P
0 Of
0 O
p T
3 m
3
Q PZ m
a
O
m
nMB-
cE
apia
a�5u
y>.
m'S
rom
dm
me
orom
a
c�
E-NC
C N
p
'N 0
a y
N N
0 9 p
N ro
C m�
L
L 0 m C
a m
E a
Q a
o-�
a E
a?0
ca
J !9U
N C
9 C
N
0c
J C
YJ
6
N 9
_ 0
=2
O
C
C
_ E
p
m O
a
of
Sp
a
m
0 0
N
O O
O
�Y
9
.� m m
>
N L C>
O
y
CF
m
` m Of Of
N 0
m
V r
O C
5.0
a'C(J
L O
0 Of V
p
a o
Z y
Z y C
C
C
LO
L0>
-
CO
LC
L0
00'Z�
OL
Q
-O
Q
0 Cp
Q
0m�
0 L
Q 0
Cm
O Z
N
7
tD
n
n
Z
a
v
e
a
e
e
a
v
v
v
e
v
U
U
U
U
U
U
U
U
U
U
U
N_
w
O
O
N
OO
c0
a
N_
w
0
N
by
0.
a
N
2
F
F
w
z
J
—
a
0
O
w
U
1-
Q
D
J 2 U
m
a r
om
mp,
op,
rorn
rO m
mp,
mp,
'orn
mp,
53
f002
t
m c
c
°v
c
°a
c
°v
-8-SO
c
°v
c
°'a
66 c
v
c
°v
52?¢
a�
U O c
U
U.
O=
O c
O=
O=
-
O-
0 m o
Z 0 a
d
U m m
m 0
d 0
m 0
a
m m
d 0
a
d 0
P g
d'3
a iu v
022
'�
LLoa
om
om
oa
om
om
om
.hem
W¢U
��
QO
LL=
O O
s
U
c
m
s
U
s
U
s
U
s
U
s
U
s
U
s
U
s
U
s
U
F
0
L
E 3 w
m
m
m
m
m
m
0
0
m
p Q
U
o a O
U
U
U
U
U
U
U
U
U
U
0 02
c
c
c
c
c
c
c
c
c
fILc
m
aQ a
m
m
m
m
m
m
m
m
m
w¢
a
0
a
a
a
a
a
a
a
a
a
s
E
m=
0"
m"
m=
m=
0
Z
c y
c
c€
c€
c E
c€
c€
c E
c E
c€
c
LL O
T
T
O F
0rc
N m m
0rc
N m m
0a
N
0a
N
0a
N
0a
N
0a
N
0a
N
0a
N
0a
N
0a
N
0 Q
N p,
N p,
N
N C
N C
N C
N C
N C
N C
N C
N C
ZLL
o'm,
oa
oa
o '�
oa
oa
oa
o'�
o'v
o'v
F¢
$UO
680
om
20
20
,O`er
>
a0
a`r0
a`o
ao
ao
ao
ao
ao
a`o
a`o
ao
N
W
0 Z
-c mm
c a
dan
cm
y
0
m m
o
�0m �a
L 2
5
rnTa a
cwpam
a
0
`a
a
-
a0
°'
LM
.d
a
a
0'
s
6 0
° ao
W
6 0
0 d m
o V
a
Uo d
0oum
2
N
M'
m T
N
m
c
a
vUm
.0 m
16-
E
E
15
m m m m
L a =
O
O
m
m
m °
m c m
V 5
U
�E
c U
E E $
"
y
° c ..
dw$
m
m a
m 4
g
4
m
°c=
m
y
Em
8
'cE
v p LL
.—L
oo
m
OE
c a
0mT
o
a c
°$
m
o
w
m m
o m
a m 0 0 c '
aL
s
0 0 0
g a
0
3 U m
a
m
Q
0 N Q Z
VL Om
J m c r._ 0
m
`a
aO
O m
L
0,
m
N
m
U
0 m O
m
m
_
O
aNa„
7
N
m0
0 L
TO
0 m a c
°
m
cE
E
$
mlO-
_ U
°
�m
= 5
m
c E a
°
od $
ct
o. E
m° m
u
2
0
o. E
°W
0E
a
i
m 0
a
cmm
cmGr
LL0
memON
00a
0v mm
pa
am
a.
m
mT
mm
c o
Om
-
rnx 2
_
mc '
L m
a
Z
C 0-0
0 J
pU.=U
P
V
J
O
N
O O
?0E0
y2
C
00
Ey
mO
O
F
y
icL
°
—�O ''`a
Ua`0
OwNm
am
_
C"
Na`
a0
C°
mLo
N
Q
E a
°
°0
m
E
m
Ea
3
°N
?
�t O �
mu
v°
0
p m
m
N
i
a
0
d E
O .yZCo
y w
Nw
m$NN
a
0
v
°
c
p c c
p
t9
°
a
p a
p
°
o
m
E
m 0
m
0
a
0
^
0
--60E
L�Q
Uhx
0-mumac
'
On0
u-
_ u
2i T
O
t
mTC
O�
?C 0
o0
of
aQ-0
00
m
wa
OL
00
m
d
°u
ca
.
o°
0
'5'8
-
Qd I
000. J
0
H
N
N
m
mi
U
O a 0'
m
o'00E
N
0
O
E
N r
0 c
0
av�
-
'm
m'6
-
d'aa
0
c
Oo
a"
m
0
O
8
a
-a
2
�LLmLLm O
10 a
FO
a?
02
am
a
m
pj
mN
aUa
m
�0�a - m-�L _
a
L
0 j V
0 U
m a
L 5 C
m
V
0 'tU
mc n
L L O
L HmO
= m m
m m
ama amr
a
w°i
5
m
0
m
w
c0
N
(7
<
N
f7
N
N
N
r
N
N
N
(7
(7
Cd
m
m
m
m
m
g
c
v
v
v
a
c
c
c
v
v
v
N_
w
0
N
by
0.
a
W
W
O
N_
N
00
fl.
N
0
O
F
w
z z
J
—
LL
0
O
w
U
1-
Q
O
f Z
Ec
U3
m O
c
a
.2
'Ua2 3
b
u
u
J U
Q
d
c
O
d
c
m
m
N
o c y v
M
o O v
'
N
m
o
.
oa
o
O
O
2 a
O
i5
0 CO
d�
b
m
d
c
mm
2 c3
M
c
M
c
4 % 2
m
o
O a
m
c
c
U
o
o
0
0
30
0?i
0
0
o
a
a
LL
LL Z
02
Y
Y
Y
Y
Y
Y
Y
Y
Y
Q
F IL
N
N
N
N
N
N
N
N
N
w¢
a
a
a
a
a
a
a
a
a
C
C
C
C T
C N T
C
C
C
C
OF
N
NC
N
NC
N
w�
N m {{pp
w�p,
N m
N
N
w�
N
NC
N N
N
zQ
2U
=p,
C
2 C
�i. LL
OV
m
09
N
OD
.�
O =U
m U
O' =U
m U��
OV
09
09
0'O
Fm
00
00
om
QUO
oU0
om
om
om
om
j
d o
d o
d
d 0
d o
d o
d o
d o
d o
N
U
F
m1n
a°
md
c
oc
-5 m
c
mm
m
D o °
4 L
+
N
N
T
m
0 M
m
yw
C OaJrn.o
m
Q
w rna «
o' a
m U a
L>
w
m
E a m
m
w
C 0 C M
M
J b>
w L
O°
'E
a« r
-
w«
a
« o p
N N wig
craw
2
«c
m
2 m m
ca
G C
->
m
Z
°
rna
a«
a m
m
w
w e
a
c
E E
L
- 3 w
c w
o
D
w
.O
N
Q j
1 L
m
O m
n
a a
c
C
Mo
a
m —
yV
> m
my
v
an m m
aOm
s
n-
c0
Om, Lm
m_ Ec
m m
wm m
0rn
cm i
m
s
o
a
m m m
°
6 0 =
c
y
a
"E
«> o
°
iw
m m.-
m r E E
_
m e
°
Q
W
H=
m c
m CO
.o - Z
3
ai
E
0
c
a s
€ a o
M o
m
0
O
m
-60
-o
j iLw O m L
c�
atw T
a EN
°
«'2 °
E o o
o
a 0=
>
Z
> °
a w m
- C7
n
y n m
Em m
o
om
v
m t
°
gy m
«
L m 0
O
D
w
m «L
Lm
Oif i m
w>
ppm
O
3DN
6y
m
DV
« °T
m
Dm10 `m '7
Mo
C6
N O m
mY0
mmm
�m>
0
y_j0
m�N
=t
oED
- «mmS
t
«`�.
moo°
rO�
00a
wmr °iw
pDW
2
m
o
a a
J m
�
w�
mm m
°
« t
0
13
0
0
y
0
,
V
UE
,s
C
E
T
p-
C
E „`
m. w
w
c
0
°
aw
m D
O m
tor
E
0
LQm
W
m
m
w c
°
m o
°om
m
.2E
au).-
H
m
rnma 0
dv
m
°° x
m
a
E
t m
a
M o o
0 w `
5
° a
f- «
m m�
N
r
N
^
D
N
N
Q
N
N
N
$5oo
c0
c0
m
c0
m
m
m
m
m
Z
v
v
v
v
v
v
v
v
v
2
W
W
O
N_
N
00
fl.
EXHIBIT EIR -4:
ERRATA CORRECTIONS TO DRAFT ENVIRONMENTAL
IMPACT REPORT
KOLL CENTER NEWPORT
OFFICE SITE B
1. Table 1 -1, (Transportation and Circulation), Page 1 -8
Delete entry in last row of table related to Jamboree Road/Bristol Street North (Potential Impacts,
Mitigation Measures and Level of Significance after Mitigation.
2. Table 3 -1, Page 3 -5
Revise column 5 (P.C. Text - Square feet) in line 2 (Office Site B) to read:
963,849 square feet.
Revise column 5 (P.C. Text - Square feet) in line 8 (Sub -Total Office) to read:
2,385,600 square feet
Revise column 5 (P.C. Text - Square Feet) in line 12 (Total) to read:
2,981,485 square feet
3. Section 3.4.1, Page 3 -6
Delete the third paragraph and replace it with the following text:
"The General Plan Amendment proposes a 250,000 square -foot increase in the Land Use Element's
maximum gross floor area for Office Site B. In addition to this General Plan Amendment, the KCN
Planned Community District Plan (PC text) must also be amended to increase the amount of office square
footage allocated to Office Site B.
"The General Plan Land Use Element specifies building square footage as gross floor area. By contrast,
the PC text lists square footage as net floor area. Per the Zoning Code, gross floor area includes all floor
area within the exterior wall surface of a building while net floor area excludes non - habitable space, such
as equipment rooms, elevator shafts, stairwells, etc.
"As used by the City, net floor area is considered to be 95 percent of gross floor area. Therefore, the
proposed General Plan increase in gross floor area of 250,000 square feet corresponds to an increase in
net floor area in the PC text of 237,500 square feet. Currently, 963,849 net square feet of office
development is permitted within Office Site B. Approval of the proposed PC text amendment would bring
the total amount of professional and business office use in Office Site B to 1,201,349 net square feet (i.e.,
963,849 net square feet + 237,500 net square feet).
"In addition to the PC's allocated office use, there are separate unused allocations for 5,000 square feet of
restaurant space and 10,000 square feet of retail/service space in Office Site B. The PC text provides that
these 15,000 square feet, if not used, will automatically revert to office use. Therefore, the proposal
includes this "reverted" restaurant/retail space within the 237,500 square feet of new office use. (Thus, the
total increase in net square footage will actually be 222,500 (i.e., 237,500 net square feet - 15,000 net
square feet). For purposes of clarity, the PC text amendment will explicitly convert the above
restaurant/retail space to office use."
4. Section 3.4.2, Page 3 -7
Change Zone Change (Koll Center Newport Planned Community District Regulations "bullet" to
read:
• Approval of an amendment to the Koll Center Newport Planned Community District Regulations
dated May 5, 1972 (Amended August 10, 1988) to increase the amount of office space within Office
Site B. In addition, the PC text will be revised as necessary to permit the proposed 250,000 (gross)
square feet (i.e., 237,500 net square feet, based on 95 percent of gross) of additional professional office
development, including the elimination of the currently approved but not developed restaurant and retail
area remaining within Office Site B. As a result, a total of 222,500 net square feet of office space
(237,500 net square feet - 15,000 net square feet of restaurant/retail space) will be added to the PC text
for Office Site B. Amendment No. 26, as currently proposed, is included as Appendix C.
5. Section 1.5, Page 1 -7 (Row 2, Column 1) and Section 4.4.5, Page 4.4 -25
Replace Impact 4.4 -2 with the following:
Impact 4.4 -2 Traffic generated by the proposed project will contribute to the cumulative degradation of
the MacArthur Boulevard/Jamboree Road intersection in the City of Newport Beach
during the p.m. peak hour which is forecast to operate at an unacceptable level of service
(i.e., 0.95 ICU/LOS E) with the implementation of the proposed project and buildout of
other projects.
6. Section 4.4.5, Page 4.4 -26
Delete Impact 4.4 -6 and MM 4.4 -6.
7. Section 4.4.6, Page 4.4 -27
Add the following impact as a significant, unavoidable impact before Impact 4.4 -5:
Impact 4.4 -2 Traffic generated by the proposed project will contribute to the cumulative degradation of
the MacArthur Boulevard/Jamboree Road intersection in the City of Newport Beach
during the p.m. peak hour which is forecast to operate at an unacceptable level of service
(i.e., 0.95 ICU/LOS E) with the implementation of the proposed project and buildout of
other projects.
2
8. Chapter 9.0, Section 4.4 (Transportation and Circulation), Page 9 -5
Delete MM 4.4 -6.
9. Chapter 10.0, Section 4.4 (Transportation and Circulation), Page 10 -1
Add the following impact before Impact 4.4 -5:
Impact 4.4 -2 Traffic generated by the proposed project will contribute to the cumulative degradation of
the MacArthur Boulevard/Jamboree Road intersection in the City of Newport Beach
during the p.m. peak hour which is forecast to operate at an unacceptable level of service
(i.e., 0.95 ICU/LOS E) with the implementation of the proposed project and buildout of
other projects.
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
resolution, being Resolution No. 2001 -54 was duly and regularly introduced before and adopted by
the City Council of said City at a regular meeting of said Council, duly and regularly held on the
26th day of June, 2001, and that the same was so passed and adopted by the following vote, to wit:
Ayes: O'Neil, Ridgeway, Glover, Bromberg, Mayor Adams
Noes: Heffernan
Absent: Proctor
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 27th day of June, 2001.
(Seal)
City Clerk
Newport Beach, California