HomeMy WebLinkAbout2005-01-10_EQAC_AgendaCITY OF NEWPORT BEACH
ENVIRONMENTAL QUALITY AFFAIRS
COMMITTEE
AGENDA
DATE /TIME: Monday, January 10, 2005 7:00 p.m.
SPECIAL Fire Department Conference Room
LOCATION City Hall, Building D, 2nd Floor
3300 Newport Blvd
Roll Call
1. Minutes of December 20, 2004 (minutes attached)
2. Subcommittee report and discussion of comments on Draft EIR for Newport Lexus project,
3901, 3931, 3961 MacArthur Blvd. and 848, 888 Dove Street
3. Subcommittee report and discussion of comments on Draft EIR for Replacement of
Newport Trunk Sewer and Force Mains, Orange County Sanitation District
4. Report from EQAC Representative to GPUC
5. Report from EQAC Members on GPAC
6. Economic Development Committee (EDC) Representative's Report
7. Council Member Reports
8. Report from staff on current projects
9. Public Comments
10. Future Agenda Items
11. Adjournment
NEXT MEETING DATE: February 28, 2005
'Attachments can be found on the City's website http: / /www.city.newport- beach.ca.us, once there, click on Citv
Council, then scroll to and click on Agendas and Minutes then scroll to and click on Environmental Quality
Affairs. If attachment is not on the web page, it is also available in the City of Newport Beach Planning Department,
3300 Newport Boulevard, Building C, 2 °d Floor.
CITY OF NEWPORT BEACH
ENVIRONMENTAL QUALITY AFFAIRS COMMITTEE
DRAFT Minutes 12 -20 -04
Minutes of the Environmental Quality Affairs Citizens Advisory Committed held at the City of
Newport Beach Police Department Auditorium, 870 Santa Barbara Drive, on December 20,
2004.
Members Present
Cris Trapp, Acting Chairperson Carol Hoffman /
Steven Bromberg, Mayor Phillip Lugar <\
Richard Nichols, Council Member Dolores,Ottirig
Mike Browning Jeannette�Thom
Brent Cooper Merritt /van Sant
Laura Dietz Cristopher Welsh
Kenneth Drellishak Matt Wiley^
Ray Halowski Sandra Haskell
Staff Present
Sharon Wood, Assistant
Guests Present
\'
Robert Hawkins
Casey Griffin, Wilson Auto Group
Sandy Nichols
James Herberg, OCSD
Members note resent
Kristine Adams Exc used
`� Barbara Thibault
Tom -Hyans —sick leave
/ Gus Chabre
Wter- L-azicki — Ekcused
al
Je nifer Winn
Thomas Eastmond
Barry Allen
Chairperson Trapp called the meeting to order at 7:15 pm
1. Minutes\of Octoberj18, 2004
Motion: `Ray Halowski to approve minutes
Seconded �Sandra Haskell
Motion passes unanimously.
2. New member introduction
Mike Browning and Jeannette Thomas were introduced and welcomed to the
Committee.
Chairperson Trapp made a presentation to Robert Hawkins, former EQAC
Chairperson.
3. Presentation on Newport Lexus project at 3901, 3931, & 3961 MacArthur Boulevard
and 848 & 888 Dove Street
Guest Casey Griffin provided a project overview. A question and answer session
with committee members followed.
4. Presentation on Replacement of Newport Trunk Sewer and Force Mains — Orange
County Sanitation District
Guest James Herberg explained the project and offered alternatives. A question and
answer session with committee members followed.
5. Report from EQAC Representative to GPUC
Chairperson Trapp reported on the meeting
6. Report from EQAC Members on GPAC
Phillip Lugar reported on the meeti
7. Economic Development Committee (E
Chairperson Trapp reported on \the meeting of
8. Council Member Re
Mayor Bromberg
four years oon the Cc
9. Report from'staff\on
10.
Sh6ron -W`
/./St . And
• Irvine B
•\Hoag H
• Lennar
Marriott
• R nmkfie
2004.
ative's Report
ber 17, 2004.
that he will appoint his replacement, after having served
reported on the status of the following projects:
s.Presbyterian Church
)ess'Complex (IBC)
I development of 79 dwelling units
sland
development of 86 dwelling units in the Airport area
of meeting dates in January and February 2005
Dates of January 10 and February 28 confirmed.
11. Public Comment — None
12. Future Agenda Items - None
13. Meeting was adjourned at 8:50 pm
EQAC DRAFT Minutes of 12 -20 -04
Page 2
MEMORANDUM DRAFT
To: Environmental Quality Affairs Citizens Advisory Committee (EQAC)
City of Newport Beach ( "City ")
From: Newport Lexus Subcommittee; EQAC
City of Newport Beach
Subject: Draft Environmental Impact Report ( "DEIR ") for the Newport Lexus
Project (the Project)
Date: January 5, 2005
Thank you for the opportunity to comment on the DEIR for the Newport Lexus
Project located at the southwest corner of Jamboree Road and MacArthur Boulevard in
Newport Beach. Listed below are our comments on the DEIR.
Executive Surmnary
The Executive Summary provides a project overview and also states that there are
two alternatives discussed in the DEIR, the No Project Alternative and the Reduced
Project Alternative. However, it is not Lentil the end of the document that the DEIR states
that the Reduced Project Alternative is the enviromnentally superior alternative, and
"(f)or this reason the Reduced Project Alternative is now the preferred alternative."
DEIR P. 4 -6
The fact that the Reduced Project Alternative is now the preferred alternative
makes much of the analysis in the DEIR superfluous. The DEIR should be revised and
recirculated to provide a full analysis of the Reduced Project Alternative.
Notwithstanding our recommendation to revise and recirculate the DEIR, we make the
following comments on the DEIR in the hopes of improving the revised DEIR and the
proposed Project.
The Executive Summary provides a list of the proposed Project objectives. These
include specific goals of the City of Newport Beach Economic Development Objectives,
as well as the applicant's specific Project objectives. The revised DEIR should include a
fiscal analysis which shows why and how the Project meets the stated City of Newport
Beach Economic Development Objectives. The fiscal analysis should clarify whether the
City will provide sales tax rebates or other financial incentives to help meet the stated
Project objectives.
The Executive Summary states that the Project includes General Plan and Zoning
EQAC
Lexus DEIR
Page 2
January 5, 2005
DRAFT
Code changes for the northern five acres; however, the Executive Summary does not
discuss the status of the southern three acres. The revised DEIR should provide the
general plan designation and zoning designations for the entire Project site, including the
southern three acres.
There appears to be a typographical error in the third bullet of the applicant's
objectives, which ends with the word "and." DEIR P. ES -3
The Executive Summary states that alternatives to the Project "are not strictly
necessary." This statement is unclear and requires more information to explain when
alternatives are required. The revised DEIR should cite the case law and/or the
Government Code section to assist the reader in understanding the extent to which project
alternatives are required.
Chanter 2 Project Description and Site Characteristics
This chapter provides the proposed Project background and a description of the
proposed Project. With the exception of the site location, enviromnental setting and
surrounding land uses, most of the information in this chapter relates to the alternative
that has not been determined to be the preferred alternative. The revised DEIR should
fully analyze the preferred alternative.
The Bowsprit/MacArthur Boulevard intersection is discussed in the
Transportation /Traffic section; however, none of the figures in this chapter illustrate this
intersection relative to the Project site. The revised DEIR should include this intersection
in any figures that are intended to illustrate the intersections that will be impacted or will
impact the proposed Project.
Chapter 3A Aesthetics and Land Use
This chapter addresses the potential aesthetic impacts associated with the
proposed Project. Again, these impacts could vary with the analysis of the Reduced
Project Alternative since showroom and the service center will be reduced in size.
One of the applicant's objectives, as stated in the Executive Sunvnary, is for the
Project to be of high architectural quality, complementary to the Newport Beach image.
The figures in this chapter illustrate the scale and massing of the buildings, but do not
provide any architectural detail. The revised DEIR should include artists' renderings that
illustrate the architectural style of the buildings for the proposed Project as they will be
viewed from Jamboree Road, MacArthur Boulevard and Dove Street.
The "Craftsman" architectural style shown to the EQAC Committee does not
appear to be compatible with the architectural styles of the newer buildings in the area. If
that is the intended architectural style for the proposed Project, the revised DEIR should
include a discussion of how that architectural style meets the stated applicant's objectives
EQAC
Lexus DEIR
Page 3
January 5, 2005
for the Project.
I1 " y
In addition, the revised DEIR should discuss whether the Irvine Company has any
architectural control for the proposed Project, and if so, explain the nature and basis of
those controls.
Figures 3A -7 through 3A -9 illustrate that the proposed Project will remove
mature trees from the public right -of -way along Jamboree Road and MacArthur
Boulevard. The Newport Beach City Council Policy Manual contains the City's policy
for the removal of City trees. The revised DEIR should list the Policy Manual among the
Applicable Regulations on Page 3A -6, and it should discuss the applicability of the
Policy to the removal of these trees.
The proposed Project is located within the Orange County Airport Land Use
Commission ( "ALUC ") planning area and must be submitted to the ALUC for review for
consistency with the Airport Land Use Plan ( "ALUP "). The revised DEIR should discuss
whether the proposed Project meets Federal Aviation Regulation ( "FAR ") 77 and FAR
part 77.23 standards for determining whether a structure is an "obstruction" and whether
a negative decision from the ALUC will impact the City's ability to approve the proposed
Project.
In discussing aesthetics, the DEIR states that "(a) policy analysis will determine
the project's consistency with relevant planning regulations and General Plan goals,
objectives and policies." DEIR P. 3A -8 The revised DEIR should define "policy
analysis" and discuss how it relates to the EIR analysis.
Mitigation Measure M -3A.7 states that "(t)he applicant shall submit a lighting
plan and photometric plan to be reviewed by the City of Newport Beach. The lighting
plan shall include design features ... to minimize impacts of light and glare on the
surrounding area." The auto display area is elevated above MacArthur Boulevard and
Jamboree Road the intersection. The mitigation measure should be revised in the revised
DEIR to ensure the lighting plan takes into consideration greater potential for light
spillover due to the lower roadway elevation.
Further, Mitigation Measure M -3A.6, with its use of "off -site architectural
massing to block light sources" appears to be in contradiction with the lighting plan and
photometric plan promised in Mitigation Measure M -3A.7, which is intended to "to
minimize impacts of light and glare on the surrounding area." The revised DEIR should
discuss fully how the proposed lighting plan and photometric plan will impact
surrounding areas and propose mitigation measures that minimize those impacts.
Mitigation Measure M -3A.9 states that the applicant will apply for a use permit
from the City, and that the City will amend the Planned Community Development
Standards, Newport Place "to reflect the proposed use on the site and incorporate
development standards reflecting the highest level of improvements as now exist in the
EQAC
Lexus DEIR
Pale 4
January 5, 2005
DRAFT
project area." The language in this mitigation measure is vague, and it is difficult to
understand what the mitigation measure will achieve and how it will be measured by the
public and decision makers. This mitigation measure should be revised in the revised
DEIR to accurately address the proposed Project's consistency with local land use
policies.
Chapter 3B Hydrology. Water Quality and Storm Water
This chapter focuses on potential impacts to surface water hydrology, surface
water quality, groundwater hydrology, and groundwater quality resulting from the
development of the proposed Project. As stated in this chapter of the DEIR, the majority
of the Project site's runoff discharges into Dove Street catch basin, which in turn
discharges to San Diego Creek. San Diego Creek is a tributary of Upper and Lower
Newport Bay, which ultimately discharges into the Pacific Ocean. The San Diego Creek
and both Upper and Lower Newport Bay are all considered impaired water bodies.
To comply with Regional Water Quality Control Board ( "RWQCB ") directives,
the City requires that applicants for new developments prepare a Water Quality
Management Plans ( "WQMP "), which the City must approve before approval of the
project.
According to the DEIR, the construction activities associated with the proposed
Project, as well as the general pollutants associated with the operation of an automobile
dealership could lead to water quality impacts and ultimately degradation of downstream
receiving water bodies.
The DEIR states that the Project applicant has prepared and submitted a WQMP,
which includes Best Management Practices ( "BMP ") for site design, as well as source
and treatment control for the proposed Project site's runoff. The DEIR further states that
the WQMP is available for review at the City of Newport Beach. "The project WQMP
demonstrates that the proposed project will implement post - construction BMPs to
mitigate potential pollutants generated at the project site that may compromise the
beneficial uses and water quality objectives of downstream receiving water bodies."
DEIR P. 3B -12
The WQMP should have been included as an appendix to the DEIR, and the
BMPs contained therein should have been fully analyzed in the DEIR in order for the
public and decision makers to review and comment on it. However, since Mitigation
Measure M -3B.2 calls for its submittal, it appears that the City may not have approved
the WQMP.
The revised DEIR should include the WQMP, discuss fully all water quality and
hydrology impacts, and provide specific and enforceable mitigation measures to lessen
any such impacts.
EQAC DRAFT
Lexus DEIR
Page 5
January 5, 2005
Chapter 3C Transportation/Traffic
This chapter addresses the traffic impacts associated with the proposed Project.
The DEIR summarizes the analysis that was conducted for the Project site. However, the
DEIR does not include the traffic study itself as an appendix, but states that "(t)he entire
report is available for review at the City of Newport Beach." Again, this makes it
difficult for the public to review and comment on the traffic analysis, and the revised
DEIR should include the "Traffic Study for Newport Lexus" as an appendix.
Chapter 3C lists the various agency regulations that govern the traffic analysis.
The revised DEIR should include Measure S among the applicable regulations and
discuss whether the General Plan Amendment and additional traffic generated by the
proposed Project trigger Measure S regulations.
MacArthur Boulevard is a high speed, high traffic volume arterial. Adding a
drive aisle to this street without providing acceleration and deceleration lanes can
increase the potential for accidents and impede through traffic. For this reason, the
location and geometry of the MacArthur Boulevard access drive needs to be evaluated in
the following areas:
• Vehicles approach the site on MacArthur Boulevard at a downhill grade and drive
at a high rate of speed. Vehicles that have not slowed significantly prior to
entering the site will pose a hazard to customers shopping for vehicles in the
parking lot. The traffic study should be revised to show how vehicles will be
slowed so they may safely enter the site without impeding through traffic on
MacArthur Boulevard.
• Drivers exiting the site onto MacArthur Boulevard from the right -in, right -out
driveway may attempt to cross several travel lanes to reach the left -turn lane onto
northbound Jamboree Road. The traffic study should be revised to include a
weaving analysis to determine whether drivers can safely make this movement, or
whether operational improvements should be incorporated into the proposed
Project to preclude drivers from attempting a dangerous traffic maneuver.
• The lack of an acceleration lane for drivers exiting the site onto MacArthur
Boulevard will require them to merge into high speed traffic from a stop. The
traffic study needs to be revised to evaluate traffic impedance and accident
potential from vehicles merging onto MacArthur Boulevard.
At the Fletcher Jones dealership, vehicles waiting to be serviced are dropped off
on Bayview Way. To ensure that vehicles do not stack onto Dove Street at the new
Lexus dealership, the revised DEIR should include a stacking and queuing study to
determine if the staging areas are large enough to accommodate the volume of customers
at peak drop off hours.
EQAC
Levis DEIR
Page 6
January 5, 2005
DRAFT
Mitigation Measure M -3C.2 requires the widening of MacArthur Boulevard to
three left turn lanes and a fourth through lane. The DEIR does not indicate whether these
improvements will require right -of -way acquisition. The revised DEIR should fully
analyze where the right -of -way is needed, the cost of right -of -way acquisition, and any
environmental impacts of the widening. DEIR P. 3C -11
According to the DEIR, the Traffic Phasing Ordinance ( "TPO ") calculation of the
applicant's fair share of the improvements called for in Mitigation Measure M -3C.1 and
M -3C.2 is only 7.8% for the Irvine/Mesa intersection and 10.5% for Jamboree and
MacArthur Boulevard. Assuming there is no other source of funds for these
improvements; the project would be approved without construction of needed road
improvements. DEIR P. 3C -13
The revised DEIR should fully discuss whether there are alternative funding
options available to the City to make up the shortfall, or whether the road improvements
would not be made due to a lack of funding.
Finally, the MacArthur Boulevard drive aisle and the Bowsprit/ MacArthur
Boulevard intersection are potentially hazardous sharp curves and dangerous
intersections. The "Traffic Study for Newport Lexus" should be revised to include an
analysis of these areas, and the revised DEIR should discuss fully all traffic impacts
associated with the MacArthur Boulevard drive aisle and the Bowsprit/ MacArthur
Boulevard intersection, and provide specific and enforceable mitigation measures to
lessen any such impacts.
Appendix. Section 3 List of Mitigation Measures Incorporated Into the Project
This section lists mitigation measures that were incorporated into the project.
However, these mitigation measures are not discussed in the Project Description and are
not included in the list of mitigation measures in Table ES -1 on DEIR P. ES -5. The
absence of these mitigation measures from sections of the report where mitigations would
normally be found could lead to their omission when the proposed Project is
implemented. The revised DEIR should incorporate these mitigation measures into the
proper chapters and sections of the main body of the document.
Conclusion
We recommend that the City revise the DEIR to address the impacts associated
with the Reduced Project Alternative and the issues discussed above, and recirculate the
document for public comment.
MEMORANDUM DRAFT
To: Mayor Steve Bromberg and Members of the City Council City of Newport Beach
Cc: Homer Bludau, City Manager
From: Orange County Sanitation District Subcommittee ( "EQAC ")
City of Newport Beach
Subject: Orange County Sanitation District Draft Environmental Impact Report for
the Newport Trunk Sewer and Force Mains Replacement Project (the
Project)
Date: January 5, 2005
Thank you for the opportunity to provide these comments on the Draft Environmental
Impact Report ( "DEIR ") for the above - captioned Project prepared by the Orange County
Sanitation District ( "District "). EQAC's comments are as follows:
Chanter 1 hitroduction
As discussed below, the proposed Project is the replacement of the existing Newport
Trunk Sewer and force mains with a new force main system from the Bitter Point Pump station,
located at the entrance of the West Newport oilfield on Pacific Coast Highway ( "PCH ") in the
City of Newport Beach, to the District's Treatment Plant No. 2, located in the City of Huntington
Beach.
Chanter 2 Project Description
This chapter discusses alternate routes for the proposed Project — one along PCH and the
other through the Santa Ana River ( "SAR ") Marsh and the West Newport Oil Field. Seven (7)
alignments were studied, with the District's preferred alternative being Alternative 2C, which
runs through SAR Marsh and West Newport Oil Field. The District's preferred alternative
almost entirely eliminates disruption to residents and businesses along the PCH corridor during
the construction of the proposed Project, and also assures that future maintenance and repair
work will have minimum impact on residents and businesses in West Newport. However,
Alternative 2C could have significant impacts on the coastal wetlands within the SAR Marsh.
While some members of EQAC applaud the District for their thoroughness in the
preparation of this DEIR, others felt that the extensive level of review given to so many
alternatives made the document confusing and cumbersome. Because the District's preferred
alternative is Alternative 2C, we recommend that the Final EIR provide a more focused, detailed
review of the impacts and mitigation measures associated with Alternative 2C.
I
Mayor Steve Bromberg
Members of the City Council
City of Newport Beach
Page 2
January 5, 2005
I
DRAFT
Several issues are raised in Chapter 2 that are not addressed in the DEIR. Section 2.1.3
discusses Alternative 2C and states that "existing 8 and 10 -inch waste oil gravity lines .... would
be abandoned in place." If these abandoned lines are not sealed properly, this could pose a
potentially hazardous situation. The Final EIR should provide a full discussion of the measures
that will be taken to assure that the lines are properly sealed.
This section (and others) also discusses "open trench" methods for installation of the
new mains, but never discusses backfilling these open trenches after installation to return the area
to its original appearance. The Final EIR should provide a full discussion of the measures that
will be taken to assure that the areas where the new mains are installed are returned to their
original appearance.
Chanter 3 Environmental Setting Impacts and Mitigation
Section 3.2 Biological Resources
The proposed Project is "located within the South Coast Bioregion and, as a marine
ecosystem, within the Southern California Bight." The DEIR makes note of the fact that most of
the wetlands along the Southern California Bight are estuarine salt marshes, and "coastal
wetlands have declined by 80 to 90 percent and those remaining are frequently degraded."
The DEIR goes on to state that the impact area for Project Alternative 2 is within a
wetlands area that was restored by the U.S. Army Corps of Engineers ( "USACE ") in 1989 as
mitigation for biological impacts. The restoration of 92 acres of the Marsh has been successful,
and is functioning as intended for the target endangered plant communities and wildlife.
Alternative 1, which is outside the SAR Marsh altogether, is the preferred Alternative of
some members of EQAC for the very reason that its alignment is outside the sensitive areas of
the SAR Marsh. Even though the proposed Project Alternative 2 would use the existing utility
easement, which, according to the DEIR, "is assumed to be outside of the jurisdictional wetland
area," members of EQAC we would like to propose that OCSD consider a wetlands enhancement
program designed to provide mitigation beyond the impacts that will occur as a result of
construction or operation of the pipeline.
Alternative 2C appears to be the least expensive of the alternatives to build, as the route
follows the existing easement, and little or no land acquisition expenditures appear to be
required. Alternative 2C would allow the proposed Project to proceed without the impacts to land
use and traffic that would result from the Alternative 1 alignment, but a wetlands enhancement
program could help alleviate some of the concerns that the Alternative 2C alignment poses a risk
to the fragile estuarine salt marsh.
Y
Mayor Steve Bromberg
Members of the City Council
City of Newport Beach
Page 3
January 5, 2005
DRAFT
The Final EIR should provide a detailed discussion of the measures that will be taken to
prevent impacts to biological resources, as well a program for enhancement of wetlands within
the SAR Marsh.
Section 3.4 Geology and Soils
Section 3.4.1 contains detailed descriptions of the seismology and local geology in the
proposed Project area. It emphasizes that these sewer mains will be installed in an area which is
seismically active (Newport- Inglewood Fault Zone) and subject to liquefaction, subsidence and
landslides. Specifically, "Landslides and Spreading" defines the "cliffs at the edge of the utility
road and oil field as seismic landslide hazard areas." However, there is no mention of any
relevant hazards during the proposed Project construction and after completion. The Final EIR
should discuss and analyze whether construction traffic and trenching along the utility road cause
a risk of land slide from the cliffs adjacent to the utility road and propose necessary mitigation.
Under the "California Building Code" and "General Plan" discussions (DEIR P. 3.4 -7)
there are general references to UBC (Uniform Building Code), CBC (California Building Code)
and city and county General Plans, but no specific references is made to what pipeline building
standards will be utilized. (Note: The distinction between underground construction (i.e.
pipeline) and surface construction (i.e., buildings) is never clarified. Therefore, it is not clear
what construction codes and what hazards /mitigation should apply. The Final EIR should
provide this clarification.
Section 3.4.2, "Impacts and Mitigation" emphasizes exposure of "structures" to adverse
effect due to seismic and other geological factors. The Final EIR should clarify that "strictures"
includes the underground portion of the proposed Project. The DEIR states that "Mitigation
Measures 3.4 -1 and 7.6 -1 of the 1999 PEIR would reduce any potential landslide impacts to a
less than significant level." DEIR P. 3.4 -9 However, neither of these mitigation measures
discusses how to avoid /eliminate Project- induced landslides in the bluffs area during the
construction of the proposed Project. The Final EIR should fully analyze the potential for
Project- induced landslides and provide necessary mitigation.
Impact 3.4 -3 deals with potential damage to bridge and /or channel foundations, but only
discusses Alternative 1 near PCH under the Talbert Channel. The Final EIR should analyse
possible damage to the SAR channel due to the very long tunneling associated with Alternative
2C, and any provide appropriate mitigation measures. DEIR P.3.4 — 13, 14
Table 2 -1 shows the need to remove 44,510 cubic yards of material due to Alternative 2C
trenching and tunneling. Some of this material is coming from areas near old sewer mains and
old oil fields and may be contaminated and in need of special handling. This should be fully
addressed in the Final EIR. DEIR P. 2 -13
Mayor Steve Bromberg DRAFT
Members of the City Council
City of Newport Beach
Page 4
January 5, 2005
Section 3.5 Hazards and Hazardous Materials
Impact 3.5 -2 states that improperly abandoned oil wells may exist within the excavation
for Alternative 2 alignments. The mitigation measure for this impact that prior to construction,
the District will identify existing and abandoned oil wells, using the California Department of
Conservation, Division of Oil, Gas and Geothermal Resources ( "DOGGR ") maps. In addition, if
any unmapped wells are uncovered during construction, the District will notify DOGGR, and the
well will be abandoned following proper procedures. The Final EIR should discuss the steps that
will be taken to ensure that no seepage or spillage for the wells occurs before the District advises
DOGGR.
Section 3.6 Hydrology and Water Quality
Impact 3.64 states that "the operation of the sewer could result in sewage spills." The
DEIR further states that the Project is being proposed to minimize the potential for sewage spills;
however, the DEIR does not provide any specific measures to that end. The Final EIR should
fully discuss the measures being proposed to ensure that the existing sewer lines will not be
breached or damaged during construction, creating a serious spill, particularly within the SAR
Marsh.
Section 3.7 Land Use and Recreation
Alternative 2C traverses open space, marsh lands, and habitat conservation areas. The
DEIR states the Friends of Harbors Beaches and Parks has developed plans to link currently
undeveloped parcels along the south side of the SAR for use as a regional park, the Orange Coast
River Park. The SAR Marsh area is planned to become a part of the park. Although the park
"project is in the early stages of development and is not officially endorsed by the local cities or
county," the Final EIR should provide a full analysis of the proposed Project impacts to the areas
being planned for the River Park and propose necessary mitigation.
Section 3.8 Noise
Impact 3.8 -1 deals with construction - related noise impacts on nearby sensitive noise
receptors. Since such noise receptors are farthest away from construction activities in Alignment
2C, the noise study reconfirms the choice of Alignment 2C. Mitigation measures 7.4-la to 7.4-
Id are needed to assure mitigation to less than significant and should be strictly enforced.
The DEIR states that the proposed Project would increase sewage pumping capacity from
240 to 480 million gallons per day. The Final EIR should address the issue of operational noise
associated with this increase in capacity, including the increases in continuous noise due to
Mayor Steve Bromberg DRAFT
Members of the City Council
City of Newport Beach
Pale 5
January 5, 2005
doubled flow rates and doubled pump capacity after Project completion.
Impact 3.8 -2 deals with ground borne vibration impacts near the constntction site and
concludes that no mitigation measures are needed to assure less that significant impact on
Alternative 2C residences. However, prolonged or intermittent vibration and/or shocking due to
pile driving can have an effect on nearly slide -prone bluffs. An evaluation of this impact should
be made.
Section 3.10 Traffic
This section addresses the impacts of the proposed Project on traffic. The DEIR states
that the "(i)mplementation of Alternative I (Alignments IA, 1B, and 1C), would require lane
closures on PCH during construction of the proposed Project which would temporarily reduce
roadway capacity." This would be highly disruptive to the community of West Newport, as well
as comtnuters that use PCH. The only impacts on traffic for Alternative 2C would be those
associated with dirt hauling operations.
Mitigation Measure M- 3.10 -1 states that "(d)irt haul operations occurring during the peak
summer months shall not occur during peak AM or PM periods (6:00 -9:00 AM and 3:00 -6:00
PM.)." The Final EIR should clarify "summer months" to be consistent with City of Newport
Beach Department of Public Works definition, to insure a minimum of conflict with peak PCH
usage.
Chapter 4 Project Alternatives
The District's preferred alternative is Alternative 2C; however, the text on Page 4 -10 is
not complete in its discussion of this alternative. It appears that part of the text is missing.
Conclusion
EQAC supports the District's preferred alternative, Alternative 2C, because will have the
least impacts with respect to land use and traffic issues to residents and businesses in West
Newport. However, we strongly urge the District to prepare a wetlands enhancement program
that will provide mitigation beyond the impacts identified in this DEIR to the SAR Marsh that
would be associated with Alternative 2C.