HomeMy WebLinkAbout1738 - RECOMMEND APPROVAL OF THE NORTH NEWPORT CENTER ADDENDUM TO THE ENVIRONMENTAL IMPACT REPORT FOR THE CITY OF NEWPORT BEACH GENERAL PLAN 2006 UPDATERESOLUTION NO. 1738
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF NEWPORT BEACH RECOMMENDING
APPROVAL OF THE NORTH NEWPORT CENTER
ADDENDUM TO THE ENVIRONMENTAL IMPACT
REPORT FOR THE CITY OF NEWPORT BEACH
GENERAL PLAN 2006 UPDATE (STATE
CLEARINGHOUSE NO. 2006011119)
WHEREAS, The Irvine Company has applied to the City of Newport Beach for
approval of the following project (the "Project'):
1. Zoning Amendment specified in the North Newport Center Planned
Community Development Plan to allow future development in North Newport
Center, which consists of parts of Newport Center Block 500, Newport
Center Block 600, parts of San Joaquin Plaza, and Fashion Island.
2. Development Agreement No. DA2007 -002, entitled the Zoning
Implementation and Public Benefit Agreement Between the City of Newport
Beach and The Irvine Company LLC Concerning North Newport Center
(Fashion Island, Block 500, Block 600, and San Joaquin Plaza), to allow
future development on the Property.
3. Transfer of development rights specified in the Development Agreement as
follows:
The transfer to Block 500 of development rights for development
of approximately 277,161 square feet currently assigned to
Newport Center Block 600 and designated for office, hotel, and
supporting retail uses, of which up to 72,000 square feet may be
utilized by the City for a City Hall building.
4. Traffic Study No. TS2001 -001 to evaluate potential traffic impacts and
circulation system improvements.
5. North Newport Planned Community Affordable Housing Implementation Plan
( "AH I P ").
WHEREAS, the City of Newport Beach has prepared an Addendum to the City of
Newport Beach General Plan 2006 Update Final Environmental Impact Report for the
Project ( "North Newport Center Addendum ").
WHEREAS, the Planning Commission of the City of Newport Beach did, on
November 15 and November 29, 2007, hold a duly- noticed Public Hearing to consider
the Project and the North Newport Center Addendum.
WHEREAS, the Planning Department has determined that the North Newport
Center North Newport Center Addendum complies with the requirements of the
California Environmental Quality Act.
WHEREAS, after thoroughly considering the North Newport Center Addendum,
EIR No. 2006011119, the public testimony and written submissions, if any, of all
interested persons desiring to be heard, the Planning Commission finds the following
facts, findings, and reasons to justify certifying the North Newport Center Addendum:
1. On July 25, 2006 , the City Council certified the adequacy and completeness of EIR
No. 2006011119 for the General Plan 2006 Update by adopting Resolution No 2006-
75. in accordance with section 15168(a) of the California Environmental Quality Act
(CEQA) Guidelines, the City prepared EIR No. 2006011119 as a Program
Environmental Impact Report. The Program Environmental Impact Report reviews the
existing conditions of the City and North Newport Center, analyzes potential
environmental impacts from implementation of the General Plan Update, identifies
policies from the proposed General Plan Update that serve to reduce and minimize
impacts, and identifies additional mitigations measures, if necessary to reduce
potentially significant impacts of the General Plan Update.
2. No substantial changes will occur with respect to the circumstances under which
the implementation of the General Plan for the Project, which will or would require
major revisions of EIR No. 2006011119, due to the involvement of new significant
environmental effects or a substantial increase in the severity of the significant
effects previously identified in EIR No. 2006011119.
3. No new information of substantial importance which was not known, and could
not have been known with the exercise of reasonable diligence, at the time EIR
No. 2006011119 was certified /approved as complete, has become available which
shows any of the following:
(A) The Project will have one or more significant effects not discussed in
EIR No. 2006011119;
(B) Significant effects previously examined will be substantially more
severe than shown in EIR No. 2006011119;
(C) Mitigation measures or alternatives previously found not to be
feasible would in fact be feasible, and would substantially reduce one
or more significant effects of the Project, but the City declines to
adopt the mitigation measures or alternatives; or
(D) Mitigation measures or alternatives which are considerably different
from those analyzed in EIR No. 2006011119 would substantially
reduce one or more significant effects on the environment, but the
City declines to adopt the mitigation measures or alternative.
4. Based upon these findings and the North Newport Center Addendum, the Planning
Commission has determined that no Subsequent EIR or Supplemental EIR is
required or appropriate under Public Resources Code section 21166 and 14 Cal.
Admin. Code § § 15162;15163 and 15164, and that an North Newport Center
Addendum is sufficient to make EIR No. 2006011119 apply to the Project.
The North Newport Center Addendum, which was prepared to evaluate whether the
Project would cause any new or potentially more severe significant adverse effects on
the environment, specifically analyzed, in addition to several other potential impacts,
potential impacts related to aesthetics, climate change and traffic. The analysis and
conclusions for potential traffic impacts were based on, and relied upon, traffic
studies entitled Newport Center Trip Transfer Traffic Study and North Newport Center
Traffic Phasing Ordinance Traffic Study (Austin -Foust Associates, Inc.), attached to
the North Newport Center Addendum and which, together with the North Newport
Center Addendum, provide the substantial evidence upon which the Planning
Commission's findings provided herein are based. Based upon.the facts and analysis
contained in the North Newport Center Addendum, the Planning Commission finds
that the Project will not have, when compared to EIR No. 2006011119, any new or
more severe adverse environmental impacts, including, without limitation, no new or
more severe significant adverse impacts related to aesthetics, climate change or
traffic. The Planning Commission makes the following more specific finding:
The North Newport Center Addendum specifically analyzes the Projects's
potential impacts on traffic and circulation, based upon traffic studies
entitled Newport Center Trip Transfer Traffic Study and North Newport
Center Traffic Phasing Ordinance Traffic Study (Austin -Foust Associates,
Inc.), attached to the North Newport Center Addendum. Based upon the
facts and analysis contained in the North Newport Center Addendum and
the traffic studies, the Planning Commission finds that the Project will not
have any new or more severe significant traffic or circulation impacts.
5. The Project does not have the potential to degrade the quality of the environment,
substantially reduce the habitat of a fish or wildlife population to drop below self
sustaining levels, threaten to eliminate a plant or animal community, reduce the
number or restrict the range of rare or endangered plants or animals or eliminate
important examples of the major periods of California history or prehistory.
6. The Project does not have the potential to achieve short -term environmental goals,
to the disadvantage of long -term environmental goals, as no new or more severe
significant adverse effects on the environment have been identified by the North
Newport Center Addendum.
7. The Project will not result in any new or more severe significant impacts which are
individually limited, but cumulatively considerable, when viewed in connection with
planned or proposed development in the immediate vicinity.
8. The Project will not have environmental effects that will adversely affect the
human population, either directly or indirectly, in that no new or more severe
significant impacts have been identified which would affect human health or public
services.
9. These factual findings are based upon EIR No. 2006011119, the North Newport
Center Addendum and all documents referred in or attached to it -- including,
without limitation the traffic studies, the submissions of the applicant; the records
and files of the City's Planning Department related to the Project; and any and all
other documents referred to or relied upon by the Planning Commission.
10. The Planning Commission has considered the North Newport Center Addendum
and EIR No. 2006011119, and has concluded that the North Newport Center
Addendum reflects the independent judgment of the City.
11. The City has on the basis of substantial evidence, rebutted the presumption of
adverse effect set forth in 14 California Code Regulations section 753.5(d).
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Newport Beach, as follows:
That the above recitations are true and correct and constitute the findings of
the Planning Commission for the North Newport Center Addendum.
2. That it does hereby recommend that the City Council certify the North Newport
Center Addendum for the reasons set forth in this Resolution and as stated in
the North Newport Center Addendum on file in the Planning Department.
PASSED, APPROVED AND ADOPTED THIS 29TH DAY OF NOVEMBER 2007.
AYES: Peotter, Cole. McDaniel and Hillgren
NOES: Eaton and Hawkins
ABSENT: Toercle
/ ..
Hawkins, (Chairman
. . n, Secretary
ADDENDUM TO THE
CITY OF NEWPORT BEACH GENERAL PLAN 2006 UPDATE
FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT
Prepared by:
City of Newport Beach
Community Development Department
3300 Newport Boulevard
Newport Beach, California 92658 -8915
November 2007
Addendum to City of Newport Beach General Plan 2006 Update EIR
TABLE OF CONTENTS
Section Pace
Section1.0 Introduction ........................................................................ ............................... 1.1
1.1 Purpose of Addendum ............................................... ............................1 -1
1.2 Previous Environmental Documentation and discretionary actions ... ..... 1 -2
Section 2.0 Project Description ............................................................ ...............................
2 -1
2.1 Project Location ........................................................ ............................2
-1
2.2 Project Characteristics ........................................ ..................................
2-1
2.2.1 North Newport Center PC Text .................. ...............................
2 -1
2.2.2 Transfer of Development Rights ................ ...............................
2 -3
2.2.3 Phased Land Use Development and Circulation Improvement
-8
Plan (TPO Approval) .................................. ...............................
2 -3
2.2.4 Affordable Housing Implementation Plan (AHIP) ......................
2 -4
2.2.5 Development Agreement ........................... ...............................
2 -4
2.2.6 Discretionary Actions .................................... ............................2
-4
Section 3.0 Environmental Analysis ..................................................... ............................... 3.1
3.1
Aesthetics ................................................................. ............................3
-1
3.2
Agricultural Resources .............................................. ............................3
-4
3.3
Air Quality ................................................................. ............................3
-4
3.4
Biological Resources ................................................. ............................3
-8
3.5
Cultural Resources ................................................... ...........................3
-10
3.6
Geology, Soils, and Mineral Resources .................... ...........................3
-12
3.7
Hazards and Hazardous Materials ........................... ...........................3
-14
3.8
Hydrology and Water Quality .................................... ...........................3
-17
3.9
Land Use and Planning ............................................ ...........................3
-20
3.10
Noise ........................................................................ ...........................3
-24
3.11
Population and Housing ........................................... ...........................3
-27
3.12
Public Services ........................................... .......................................
3 -28
3.13
Recreation and Open Space .................................... ...........................3
-31
3.14
Transportation / Traffic ............................................... ...........................3
-33
3.15
Utilities and Service Systems ................................... ...........................3
-45
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Addendum to City of Newport Beach General Plan 2006 Update E!R
TABLES
Table Page
1 Development Area Summary ...........................................................
............................2 -3
2 Trip Generation Summary ...............................................................
...........................3 -35
3 One Percent Analysis ....................................... ...............................
...........................3 -36
4 ICU Summary ................................................... ...............................
...........................3 -40
5 Converted Uses ............................................... ...............................
...........................3 -42
EXHIBITS
Exhibit Follows Page
1 Local Vicinity Map ............................................................................ ............................2 -2
2 Fashion Island, Block 500, Block 600, San Joaquin Boundaries ...... ............................2 -2
3 Existing and Proposed Zoning Designations .. .............................................................. 2 -2
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Addendum to City of Newport Beach General Plan 2006 Update EIR
SECTION 1.0
INTRODUCTION
1.1 PURPOSE OF ADDENDUM
This document, prepared pursuant to the California Environmental Quality Act (CEQA),
constitutes an Addendum to the City of Newport Beach General Plan 2006 Update Program
Final Environmental Impact Report (EIR) Screencheck No. 2006011119 certified on July 25,
2006. This Addendum was prepared in accordance with the provisions of the California
Environmental Quality Act (CEQA), Public Resources Code § §21000, et seq., and the State
CEQA Guidelines, California Code of Regulations § §15000, et seq. CEQA Guidelines
§15164(a) states that "the lead agency or a responsible agency shall prepare an addendum to a
previously certified EIR if some changes or additions are necessary but none of the conditions
described in Section 15162 calling for preparation of a subsequent EIR have occurred."
Pursuant to CEQA Guidelines §15162(a), a subsequent Environmental Impact Report (EIR) or
Negative Declaration is only required when:
(1) Substantial changes are proposed in the project which will require major
revisions of the previous EIR or negative declaration due to the involvement
of new significant environmental effects or a substantial increase in the
severity of previously identified significant effects;
(2) Substantial changes occur with respect to the circumstances under which the
project is undertaken which will require major revisions of the previous EIR or
Negative Declaration due to the involvement of new significant environmental
effects or a substantial increase in the severity of previously identified
significant effects; or
(3) New information of substantial importance, which was not known and could
not have been known with the exercise of reasonable diligence at the time
the previous EIR was certified as complete or the Negative Declaration was
adopted, shows any of the following:
(A) The project will have one or more significant effects not discussed in the
previous EIR or negative declaration;
(B) Significant effects previously examined will be substantially more severe
than shown in the previous EIR;
(C) Mitigation measures or alternatives previously found not to be feasible
would in fact be feasible, and would substantially reduce one or more
significant effects of the project, but the project proponents decline to
adopt the mitigation measure or alternative; or
(D) Mitigation measures or alternatives which are considerably different from
those analyzed in the previous EIR would substantially reduce one or
more significant effects on the environment, but the project proponents
decline to adopt the mitigation measure or alternative.
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Addendum to City of Newport Beach General Plan 2006 Update EIR
The proposed North Newport Center Project includes the following City actions to implement the
2006 General Plan:
1. Approval of a zoning amendment to adopt the North Newport Center Planned Community
Development Plan (herein referred to as the North Newport Center PC Text), including the
reclassification of property to the Planned Community (PC) District and amendment to two
existing Planned Community Development Plans;
2. Approval of a transfer of development rights, pursuant to General Plan policy, to convert
unbuilt hotel entitlement to office entitlement and to relocate this entitlement and existing
office and commercial development from Block 600 to Block 500;
3. Approval of a traffic study of the North Newport Center Phased Land Use Development
and Circulation System Improvement Plan pursuant to the Traffic Phasing Ordinance
(herein referred to as the TPO approval);
4. Approval of an Affordable Housing Implementation Plan (herein referred to as the AHIP)
pursuant to the 2006 General Plan Housing Element; and
5. Approval of a Zoning Implementation and Public Benefit Agreement between the City of
Newport Beach and The Irvine Company Concerning North Newport Center (herein
referred to as the Development Agreement) pursuant to Newport Beach Municipal Code
Section 15.45, Development Agreements
The purpose of this Addendum is to analyze the potential differences between the impacts
evaluated in the City of Newport Beach General Plan 2006 Update Final EIR, hereafter referred
to as the General Plan EIR, and those that would be associated with the North Newport Center
Project. As described in detail herein, there are no new significant impacts resulting from these
changes nor is there any substantial increase in the severity of any previously identified
environmental impacts. The potential impacts associated with these proposed changes would
either be the same or less than the anticipated levels ascribed in the certified General Plan EIR.
In addition, there are no substantial changes to the circumstances under which future
development projects subject to the 2006 General Plan and PC Text would be undertaken.
Therefore, in accordance with CEQA Guidelines §15164, this Addendum to the certified General
Plan Final EIR is the appropriate environmental documentation for the North Newport Center
PC Text.
Pursuant to §15367 of the State CEQA Guidelines, the City of Newport Beach (City) is the lead
agency for the project. The lead agency is the public agency that has the principal responsibility
for carrying out or approving a project that may have a significant effect upon the environment.
Newport Beach has the authority for project approval and certification of the accompanying
environmental documentation. In taking action on any of the approvals outlined in Section 2.0,
Project Description, the City, as the lead agency and decision making body, must consider the
whole of the data presented in the General Plan EIR and this Addendum to the General Plan
EIR.
1.2 PREVIOUS ENVIRONMENTAL DOCUMENTATION AND DISCRETIONARY ACTIONS
The General Plan EIR was certified
adequately addressing the potential
City of Newport Beach, inclusive o f
Plaza (North Newport Center). The
actions being addressed as part
addressed in Section 2.0, Project
by the Newport Beach City Council on July 25, 2006, as
environmental impacts associated with the buildout of the
Fashion Island, Block 500, Block 600, and San Joaquin
location of North Newport Center, approvals granted, and
of this Addendum to the General Plan EIR are further
Description. The adopted 2006 General Plan placed the
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Addendum to City of Newport Beach Genera! Plan 2006 Update EIR
following designations on the four sub -areas included in the Project and analyzed full
implementation of entitlements for Fashion Island, Block 500, Block 600, and San Joaquin
Plaza.
Fashion Island Regional Commercial (CR)
Block 500 Mixed Use Horizontal 3 (MU -H3) and Open Space (OS)
Block 600 Mixed Use Horizontal 3 (MU -H3) and Open Space (OS)
San Joaquin Plaza Mixed Use Horizontal 3 (MU -H3) and Open Space (OS)
When a project is large and complex, such as a General Plan update, and will be implemented
over a multi -year period, a Program EIR enables the lead agency to approve the overall
program. When individual activities within the program are proposed, the agency is then
required to examine the individual activities to determine if their effects were adequately
analyzed in the Program EIR. Consistent with CEQA Guidelines §15162, the lead agency can
approve the activities as being within the scope of the project covered by the Program EIR.
The State CEQA Guidelines §15168(a) defines a Program EIR as:
...an EIR which may be prepared on a series of actions that can be characterized
as one large project and are related either:
(1) Geographically,
(2) A logical parts in the chain of contemplated actions,
(3) In connection with issuance of rules, regulations, plans, or other general
criteria to govern the conduct of a continuing program, or
(4) As individual activities carried out under the same authorizing statutory or
regulatory authority and having generally similar environmental effects which
can be mitigated in similar ways.
The State CEQA Guidelines §15168(c)(2) states:
(2) If the agency finds that pursuant to Section 15162, no new effects could
occur or no new mitigation measures would be required, the agency can
approve the activity as being within the scope of the project covered by the
program EIR, and no new environmental document would be required.
As previously noted, CEQA Guidelines §15162(a) states that a subsequent EIR is not
necessary in the absence of the following: (1) substantial changes to the project, (2) substantial
changes to the project circumstances, or (3) new information of substantial importance.
Use of a Program EIR for the update of the General Plan afforded the City many advantages
that would not be realized if projects had been evaluated on an action -by- action basis. These
advantages are outlined in CEQA Guidelines §15168(b), which states: "The Program EIR can:
(1) Provide an occasion for a more exhaustive consideration of effects and
alternatives than would be practical in an EIR on an individual action,
(2) Ensure consideration of cumulative impacts that might be slighted in a case -
by -case analysis,
(3) Avoid duplicative reconsideration of basic policy considerations,
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Addendum to Citv of Newoort Beach General Plan 2006 Uodate EIR
(4) Allow the Lead Agency to consider broad policy alternatives and program -
wide mitigation measures at an early time when the agency has greater
flexibility to deal with basic problems or cumulative impacts, and
(5) Allow reduction in paperwork."
Page 1 -1 of the General Plan EIR states: "This EIR has been prepared as a Program EIR
pursuant to Section 15168 of the CEQA Guidelines... This EIR will review the existing conditions
of the City of Newport Beach and the Planning Area, analyze potential environmental impacts
from implementation of the proposed General Plan Update, identify policies from the proposed
General Plan Update that serve to reduce and minimize impacts, and identify additional
mitigation measures, if necessary, to reduce potentially significant impacts of the General Plan
Update."
Page 1 -4 of the General Plan EIR states: "This EIR has been prepared to analyze potentially
significant environmental impacts associated with future development resulting from
implementation of the proposed General Plan Update, and also addresses appropriate and
feasible mitigation measures or project alternatives that would minimize or eliminate these
impacts." Page 1 -5 states: "The proposed General Plan Update will serve as a comprehensive
document that will guide future potential growth and development within the City... The EIR will
analyze all aspects of the proposed General Plan Update to determine whether any aspect of
the project, either individually or cumulatively, may cause a significant effect on the environment
with regards to the environmental issues [identified in the EIR]." As such, the General Plan Final
EIR assessed potential impacts associated with the implementation of land uses set forth in the
General Plan, including land use changes due to full implementation of entitlements for Fashion
Island, Block 500, Block 600, and San Joaquin Plaza under the General Plan Update.
Page 3 -15 of the General Plan EIR states: "The Plan allows for expanded retail opportunities at
Fashion Island, including an additional anchor department store and ancillary shops, another
hotel or additions to existing hotels, and 600 additional housing units." The Draft EIR for the City
of Newport Beach General Plan Update analyzed 600 housing units in Newport Center, which
includes Fashion Island, Block 500, Block 600, and San Joaquin Plaza. Through Planning
Commission and City Council hearings the 600 housing units were reduced to a maximum of
450 units. This reduction is reflected in Volume 1A -Final Environmental Impact Report (Draft
EIR Changes and Responses to Comments).
The 2006 General Plan also documented the approval of these 450 residential units for Newport
Center.a Of the 450 units permitted in Newport Center by the adopted 2006 General Plan, 430
units are incorporated into this proposed PC Text Amendment.
Previous Discretionary Actions
The following City of Newport Beach Ordinances and Resolutions related to development of the
four sub -areas are listed below and incorporated herein by reference and made a part hereof:
Fashion Island Planned Community Development Plan (adopted November 23, 1987)
Amendment No. 632, Ordinance No.
87 -45, November 23, 1987
Amendment No. 699; Resolution No.
90 -7, February 12, 1990
Amendment No. 701, Resolution No.
91 -22, March 11, 1991
Amendment No. 811, Resolution No.
94 -102, November 14, 1994
a City of Newport Beach, General Plan, July 25, 2006, Table LU -2, pages 3 -18 to 3 -20.
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Addendum to City of Newport Beach General Plan 2005 Update EIR '
Amendment No. 825, Resolution No. 95 -115, October 9, 1995
Amendment No. 889, Ordinance No. 99 -27, November 8, 1999
PD 2002 -002, Ordinance No. 2003 -001, January 28, 2003
Block 500
Amendment No. 827, Ordinance No. 95 -32, August 28, 1995
San Joaquin Plaza
Ordinance No. 1649, adopted by the City of Newport Beach on December 22, 1975
(Amendment No. 455)
Amendment No. 1: March 12, 1979, P.C. Amendment No. 527; Resolution No. 9517
Amendment No. 2: November 23, 1987, P.C. Amendment No. 653; Resolution No. 87 -164
Amendment No. 3: January 13, 1992, P.C. Amendment No. 729; Resolution No. 92 -5
Amendment No. 4: April 27, 1992, P.C. Amendment No. 755; Resolution No. 92 -33
Amendment No. 5: October 9, 1995, P.C. Amendment No. 825, Resolution No. 95 -115
Amendment No. 6: March 22, 2005, Code Amendment No. 2004 -013; Resolution No. 1656,
Ordinance 2005 -3
Block 600
Ordinance No. 1719, adopted by the City of Newport Beach on March 28, 1977 (Amendment
No. 483)
Ordinance No. 92 -45, adopted by the City of Newport Beach on November 9, 1992
(Amendment No. 771)
GPA 97 -3 (D), adopted by the City of Newport Beach on June 22, 1998 (Resolution No. 98-
48)
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Addendum to City of Newport Beach General Plan 2006 Update E!R
SECTION 2.0
PROJECT DESCRIPTION
2.1 PROJECT LOCATION
Fashion Island, Block 500, Block 600, and San Joaquin Plaza are located in Newport Center in
the City of Newport Beach, California. As depicted in Exhibit 1, Newport Center is generally
bound by San Joaquin Hills Road to the northeast, MacArthur Boulevard to the southeast,
Jamboree Road to the northwest, and Coast Highway to the southwest.
Fashion Island is an approximate 75 -acre regional shopping center located in the center of
Newport Center; Newport Center Drive is a ring road that connects to a roadway system
providing access to the various blocks that form Newport Center. Block 500 (approximately 15
acres) is generally bound by San Joaquin Hills Road to the northeast, an internal access road
and Avocado Avenue to the south, Newport Center Drive to the southwest, and Santa Rosa
Drive to the west. Block 600 (approximately 25 acres) is generally bound by San Joaquin Hills
Road to the northeast, Santa Rosa Drive to the southeast, Newport Center Drive to the
southwest, and Santa Cruz Drive to the west. San Joaquin Plaza (approximately 23 acres) is
generally bound by San Joaquin Hills Road to the northwest, San Clemente Drive to the south,
Santa Cruz Drive to the east, and Santa Barbara Drive and internal access roads to the west.
The four sites are depicted on Exhibit 2.
The areas surrounding Fashion Island, Block 500, Block 600, and San Joaquin Plaza are
developed. To the north of Block 500, Block 600, and San Joaquin Plaza across San Joaquin
Hills Road, land uses include residential and a golf course within The Big Canyon Planned
Community (PC 8). Uses to the south of Fashion Island are predominately commercial. To the
south of Block 500 are medical and commercial office uses. To the south of San Joaquin Plaza
are multi - family residential and commercial office uses. To the west are commercial uses,
residential uses, the Marriott Hotel, and the Newport Beach Country Club. To the east, across
MacArthur Boulevard are residential uses.
2.2 PROJECT CHARACTERISTICS
2.2.1 NORTH NEWPORT CENTER PC TEXT
The City of Newport Beach Municipal Code allows a "Planned Community District' to address
land use designation and regulations in Planned Communities. The proposed project is the
adoption of the North Newport Center PC Text, which incorporates Fashion Island, Block 600, and
portions of Block 500 and San Joaquin Plaza owned by The Irvine Company (Applicant) into a
single Planned Community District. Concurrently, the existing Block 500 PC Text and the San
Joaquin Plaza PC Text would be amended to remove identified portions of Block 500 and San
Joaquin Plaza from their respective Planned Community Districts, and the Newport Beach Zoning
Code would be amended to remove Block 600 from the Administrative Professional Financial
zoning district.
The purposes of a Planned Community District, as stated in the Municipal Code are as follows:
20.35.10 Specific Purposes
The PC district is intended to:
A. To provide for the classification and development of parcels of land as
coordinated, comprehensive projects so as to take advantage of the
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Addendum to City of Newport Beach General Plan 2006 Update EIR
superior environment which can result from large -scale community
planning;
B. To allow diversification of land uses as they relate to each other in a
physical and environmental arrangement while insuring substantial
compliance with the spirit, intent and provisions of this Code;
C. To include various types of land uses, consistent with the General Plan,
through the adoption of a development plan and text materials which set
forth land use relationships and development standards.
The PC Text has been prepared to implement and be consistent with the adopted 2006 City of
Newport Beach General Plan (General Plan) and City of Newport Beach General Plan 2006
Update Final EIR (General Plan EIR). The proposed PC Text reflects the uses and designations
permitted under the 2006 General Plan. No changes to the existing 2006 General Plan land use
designations are required. The existing General Plan land uses designations for the four sub-
areas are as follows:
Fashion Island Regional Commercial (CR)
Block 500 Mixed Use Horizontal 3 (MU -1113) and Open Space (OS)
Block 600 Mixed Use Horizontal 3 (MU -1113) and Open Space (OS)
San Joaquin Plaza Mixed Use Horizontal 3 (MU -1113) and Open Space (OS)
The existing zoning designations for the four sub -areas are as follows. Adoption of the North
Newport Center PC Text would incorporate Fashion Island, Block 600, and portions of Block
500 and San Joaquin Plaza owned by The Irvine Company (Applicant) to create the North
Newport Center PC Text. The existing and proposed zoning designations are shown on
Exhibit 3.
Fashion Island Planned Community (PC -35 Fashion Island)
Block 500 Planned Community (PC -46 Block 500)
Block 600 Administrative, Professional, Financial (APF); Open Space (OS)
San Joaquin Plaza Planned Community (PC -19 San Joaquin Plaza)
As identified on Table 1, the proposed amendment to the PC Text would incorporate the
intensities set forth in the adopted 2006 General Plan. Future implementation of entitlements for
Fashion Island, Block 500, Block 600, and San Joaquin Plaza would not allow for any increase
in development intensities beyond that permitted by the General Plan for these sub - areas. The
PC Text identifies the permitted land uses and development standards that will be used to guide
future development.
As previously noted, Fashion Island is a regional shopping center located in the center of the .
larger Newport Center area. The proposed PC Text envisions Fashion Island to incorporate
uses including retail, restaurants, bars, theater /nightclubs and services. The proposed PC Text
provides that Blocks 500 and 600 and San Joaquin Plaza may be developed as a regional
mixed use center incorporating administrative, professional, and financial uses together with
hotel and residential uses and retail and other commercial uses.
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Addendum to Citv of Newport Beach General Plan 2006 Update EIR
TABLE 1
DEVELOPMENT AREA SUMMARY
2.2.2 TRANSFER OF DEVELOPMENT RIGHTS
The 2006 General Plan also allows a transfer of development rights within Newport Center in
accordance with the following Land Use Element policy:
LU 6.14.3 Transfers of Development Rights
Development rights may be transferred within Newport Center, subject to the
approval of the City with the finding that the transfer is consistent with the General
Plan and that the transfer will not result in any adverse traffic impacts.
As part of the Project, The Irvine Company, herein referred to as Applicant, is proposing to
transfer a portion of the existing development rights from Block 600 to Block 500. The transfer
includes the conversion of 165 unbuilt hotel rooms to office space, and the transfer of this
entitlement to Block 500. It also includes the removal of the following existing uses from Block
600, and transfer of this entitlement to Block 500: 17,300 square feet (sf) of health club, 16,444
sf of restaurant, and 8,289 sf of office. Up to 72,000 sf of the transferred development rights
could be used for a new City Hall in Block 500.
2.2.3 PHASED LAND USE DEVELOPMENT AND CIRCULATION IMPROVEMENT PLAN
(TPO APPROVAL)
The Project is not expected to be completed within 60 months of approval, and it includes a
circulation improvement plan, explained in detail in the Development Agreement. The Project
therefore qualifies as a Phased Land Use Development and Circulation Improvement Plan
under the City's Traffic Phasing Ordinance, Municipal Code §15.40.030.6.2. A traffic study has
been prepared pursuant to the Traffic Phasing Ordinance, and "feasible mitigation" (consistent
with the 2006 General Plan Circulation Element) is part of the Project. This mitigation is that the
Applicant will construct a third eastbound turn lane at the intersection of MacArthur Boulevard
and San Joaquin Hills Road. Consistent with the TPO, this improvement will be completed early
in the development phasing (i.e., before issuance of a certificate of occupancy for the first
building [other than a parking structure]) constructed as part of the Project, but in no event later
than 60 months from the operative date of the Development Agreement. In addition, the
Applicant will work with the City on design and development of circulation enhancements in the
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San Joaquin
Fashion Island
Block 500
Block 600
Plaza
Land Use
(75 acres)
(15.29 acres)
(25 acres)
(23.2 acres)
Total
Regional
Commercial
1,619,525 sf
0
0
0
1,619,525 sf
Movie Theatre
1,700 seats
1,700 seats
(27,500 sf)
(27,500 sf)
Hotel
(a)
(b)
425 rooms (b)
(b)
490 rooms
Residential
0
(c)
(c)
I (c)
430 du
Office /Commercial
0
285,142 sf
1,001,634 sf
337,261 sf
1,746,979 sf
sf: square feet
du: dwelling unit
a Hotel rooms are permitted in Fashion Island through the transfer of available square footage.
b 65 hotel rooms may be relocated in either Block 500, Block 600, or San Joaquin Plaza. In no case shall the total
number of hotel rooms in the Fashion Island /Block 500 /Block 600 /San Joaquin Plaza Planned Community exceed 490.
c. Residential units are permitted in Block 500, Block 600, and San Joaquin Plaza. In no case shall the total number of
dwelling units exceed 430.
2.2.2 TRANSFER OF DEVELOPMENT RIGHTS
The 2006 General Plan also allows a transfer of development rights within Newport Center in
accordance with the following Land Use Element policy:
LU 6.14.3 Transfers of Development Rights
Development rights may be transferred within Newport Center, subject to the
approval of the City with the finding that the transfer is consistent with the General
Plan and that the transfer will not result in any adverse traffic impacts.
As part of the Project, The Irvine Company, herein referred to as Applicant, is proposing to
transfer a portion of the existing development rights from Block 600 to Block 500. The transfer
includes the conversion of 165 unbuilt hotel rooms to office space, and the transfer of this
entitlement to Block 500. It also includes the removal of the following existing uses from Block
600, and transfer of this entitlement to Block 500: 17,300 square feet (sf) of health club, 16,444
sf of restaurant, and 8,289 sf of office. Up to 72,000 sf of the transferred development rights
could be used for a new City Hall in Block 500.
2.2.3 PHASED LAND USE DEVELOPMENT AND CIRCULATION IMPROVEMENT PLAN
(TPO APPROVAL)
The Project is not expected to be completed within 60 months of approval, and it includes a
circulation improvement plan, explained in detail in the Development Agreement. The Project
therefore qualifies as a Phased Land Use Development and Circulation Improvement Plan
under the City's Traffic Phasing Ordinance, Municipal Code §15.40.030.6.2. A traffic study has
been prepared pursuant to the Traffic Phasing Ordinance, and "feasible mitigation" (consistent
with the 2006 General Plan Circulation Element) is part of the Project. This mitigation is that the
Applicant will construct a third eastbound turn lane at the intersection of MacArthur Boulevard
and San Joaquin Hills Road. Consistent with the TPO, this improvement will be completed early
in the development phasing (i.e., before issuance of a certificate of occupancy for the first
building [other than a parking structure]) constructed as part of the Project, but in no event later
than 60 months from the operative date of the Development Agreement. In addition, the
Applicant will work with the City on design and development of circulation enhancements in the
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Addendum to City of Newport Beach General Plan 2006 Update EIR
North Newport Center area, consistent with the General Plan Circulation Element, including
widening of Avocado Avenue between San Miguel Drive and San Nicolas Drive, dedication of
public right -of -way and enhancement of San Miguel Drive between MacArthur Boulevard and
Avocado Avenue, and installation of traffic signals on Newport Center Drive.
2.2.4 AFFORDABLE HOUSING IMPLEMENTATION PLAN (AHIP)
The 2006 General Plan Housing Element requires an Affordable Housing Implementation Plan
(AHIP) for any development including more than 50 dwelling units. The North Newport Center
AHIP describes how the Applicant would provide affordable housing to meet the Housing
Element goal of 15 percent. The Applicant may build new affordable units, restrict income and
rent levels for existing apartments in the vicinity of North Newport Center, or a combination of
these methods. The exact number of units may vary, depending on the income levels served,
and all units must be affordable for a period of 30 years.
2.2.5 DEVELOPMENT AGREEMENT
As a part of the project, a Development Agreement is proposed between the City of Newport
Beach and The Irvine Company. Key provisions of the proposed Development Agreement are
as follows.
• Cancellation of Circulation Improvement and Open Space Agreement and Bonita
Canyon Annexation and Development Agreement
• Vesting of North Newport Center development rights for 20 years
• Payment of in -lieu park fees for 430 residential units, including early payment of a
portion of fees as matching grant for OASIS Senior Center
• Payment of public benefit fee to fund construction of new City Hall building or other
municipal purpose
• Circulation enhancements in the North Newport Center area
• Four -year option for the City to purchase a site in Block 500 for City Hall as well as the
use of 375 parking spaces.
• Dedication of the site north of San Miguel Drive, west of MacArthur Boulevard, south of
San Joaquin Hills Road and east of Avocado Avenue for open space, if a new City Hall
is constructed on a site in Newport Center other than Block 500
• Limit on future increases in development fees
• Limit on future amendments to Municipal Code pertaining to development of the North
Newport Center property
2.2.6 DISCRETIONARY ACTIONS
The City of Newport Beach, as the lead agency for the Project, would rely on the City of
Newport Beach General Plan 2006 Update Program Final EIR and this Addendum as the
primary environmental documentation for the approval of the discretionary actions discussed
below.
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Addendum to Citv of Newoort Beach General Plan 2006 Uodate EIR
Approval of the Addendum to the City of Newport Beach General Plan 2006
Update Final Program EIR: The North Newport Center Project requires the acceptance
of the environmental document as having been prepared in compliance with CEQA and
the State and City CEQA Guidelines, as well as certification that the information
contained in the City of Newport Beach General Plan 2006 Update Final Program EIR
and this Addendum was considered in the final decisions on the Project.
Approval of the Planned Community Development Plan and Design Regulations
Amendment No. PD2007 -003 as the North Newport Center Planned Community
Development Plan and Design Regulations: The Project includes the adoption of the
North Newport Center Planned Community Development Plan to incorporate Fashion
Island, Block 600, and portions of Block 500 and San Joaquin Plaza owned by The
Irvine Company into one PC District, and to provide consistency between the 2006
General Plan and the zoning designation for the four sub -areas of North Newport
Center. Additionally, the Block 500 and San Joaquin Plaza PC Texts would be modified
to remove areas to be included in the North Newport Center PC Text.
• Code Amendment CA2007 -007: An amendment to Municipal Code is required to
change the zoning classification of Block 600 from Administrative Financial Professional
(APF) to Planned Community (PC) District and the open space corner lots in Block 500
and Block 600 from the Open Space (OS) District to the Planned Community (PC)
District.
• Approval of Transfer of Development Rights: The project includes the transfer of
development rights from Block 600 to Block 500 pursuant to General Plan policy. The
transfer of development rights requires approval of the City Council.
• Traffic Study No. TS2007 -001: In accordance with Municipal Code Title 15, Chapter
15.40, the project is a Comprehensive Phased Land Use Development and Circulation
System Improvement Plan as all phases of construction are not anticipated to be
completed within 60 months of approval and the project is subject to a Development
Agreement. As such, a Traffic Phasing Ordinance study has been prepared.
• North Newport Center Planned Community Affordable Housing Implementation
Plan: An Affordable Housing Implementation Plan is required by the 2006 General Plan
Housing Element, and is included in the Project.
• Development Agreement No. DA2007 -002: The Development Agreement between the
City and Applicant would vest development rights and establish public benefits to the
City.
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Addendum to Citv of Newport Beach General Plan 2006 Update EIR ,
SECTION 3.0
ENVIRONMENTAL ANALYSIS
The analysis in this document will evaluate if the potential impacts associated with the
subsequent approvals outlined in Section 2.0, Project Description, are substantially the same as
those addressed in City of Newport Beach General Plan 2006 Update Final Program EIR. This
evaluation includes a determination as to whether Project implementation would result in any
new significant impacts or a substantial increase in a previously identified significant impact. If
the comparative analysis identifies that there would be no change in impact from that identified
in the General Plan EIR, a determination of "No Substantial Change from Previous Analysis"
has been made.
This analysis provides the City of Newport Beach with the factual basis for determining whether
any changes in the project, any changes in circumstances, or any new information since the
General Plan EIR was certified require additional environmental review or preparation of a
subsequent or supplemental EIR.
3.1
The following thresholds of significance are as set forth in the General Plan EIR. It states: "For
purposes of this EIR, implementation of the proposed project would have a significant adverse
impact on aesthetic /visual quality if it would result in any of the following:
• Have a substantial adverse effect a scenic vista
• Substantially damage scenic resources, including, but not limited to, trees, rock
outcroppings, and historic buildings within a State scenic highway
• Substantially degrade the existing visual character or quality of the site and its
surroundings
Create a new source of substantial light or glare, which would adversely affect
day or nighttime views in the area"
No Substantial Change from Previous Analysis. Aesthetic and visual impacts have been
previously analyzed as part of the General Plan EIR, which was prepared and certified pursuant
to State and City CEQA Guidelines. Minor additions and /or clarifications are needed to make
the previous document adequate to cover the actions that are currently proposed, which are
documented below and serve as an Addendum to the General Plan EIR.
Summary Analysis
Have a Substantial Adverse Effect a Scenic Vista
Page 4.1 -6 of the City of Newport Beach General Plan 2006 Update Final Program EIR
(General Plan EIR) identifies that there are no officially designated scenic highways within the
City. As such, Fashion Island, Block 500, Block 600, and San Joaquin Plaza are not designated
as scenic vistas or located within a scenic preservation zone. Page 4.1 -9 of the General Plan
EIR identifies a public coastal view is located along Newport Center Drive from Newport Center
Drive east to west extending to Farallon Drive /Granville Drive, the beginning of which is located
approximately 0.45 miles south of Block 600 and at the southern edge of Fashion Island. The
General Plan EIR states that "...existing and future development would be regulated by the
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Addendum to City of Newport Beach General Plan 2006 Update EIR
proposed General Plan Update policies, and scenic vistas would not be adversely affected.
Therefore, impacts to scenic vistas would be less than significant."
Substantially Damage Scenic Resources, Including, but not Limited to, Trees, Rock
Outcroppings, and Historic Buildings within a State Scenic Highway
The General Plan EIR identifies that there are no officially designated scenic highways in the
City. State Route 1 (Coast Highway) is eligible for State Scenic Highway designation. Coast
Highway is not contiguous to the Project. The General Plan EIR further states "Consequently,
because no scenic highways are currently designated within the City, implementation of the
proposed General Plan Update would have no impact."
Substantially Degrade the Existing Visual Character or Quality of the Site and Its
Surroundings
The General Plan EIR identifies Newport Center /Fashion Island as an area of high overall visual
quality (see page 4.1 -18). It further states "In these areas, new development allowed under the
proposed General Plan Update would be done in such a way as to fit into the existing visual
setting. Policy LU 1.1 requires that new development 'maintain and enhance' existing
development." Policy LU 1.1 states:
Maintain and enhance the beneficial and unique character of the different
neighborhoods, business districts, and harbor that together identify Newport
Beach. Locate and design development to reflect Newport Beach's topography,
architectural diversity, and view sheds (See page 4.1 -24)
Fashion Island, Block 500, Block 600, and San Joaquin Plaza are within the City's high -rise
height limitation zone. Fashion Island height limits range from 40 feet to 125 feet as detailed in
Section 5d. Development within Block 500 and Block 600 is permitted up to 375 feet high. The
height limit for San Joaquin Plaza is 65 feet. Fashion Island is currently developed with retail,
entertainment, services and supporting uses that serve local and regional residents. Block 500
is developed with general office and medical uses. Block 600 is currently developed with high -
rise office and hotel buildings. San Joaquin Plaza contains business and professional office
uses.
Full implementation of entitlements for Fashion Island, Block 500, Block 600, and San Joaquin
Plaza would be required to comply with the City's high -rise height limitations, compliment the
height of existing buildings in Newport Center, and not create a significant shadow, or shading,
impact. Shading describes the effect of shadows cast on adjacent areas by proposed structures.
The proposed PC Text requires a that shade and shadow study be prepared for any structure
over 200 feet in height that has the potential to affect the residential area located north of San
Joaquin Hills Road (Big Canyon). The purpose of the study is to ensure that new development
will not result in added shade and shadow to the residential area beyond existing conditions for
more than three hours between the hours of 9 AM and 3 PM Pacific Standard Time, or for more
than four hours between the hours of 9 AM and 5 PM Pacific Daylight Time.
The General Plan EIR notes that the 2006 General Plan includes policies associated with
aesthetic improvements such as landscaping, pedestrian amenities, and design standards for
architecture and lighting. Future development projects in North Newport Center would be
required to conform to these General Plan standards as well as standards set forth in the PC
Text and its Design Regulations. The General Plan EIR states "Thus, the visual character would
change as development intensity increased, but the impacts would not be considered
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Addendum to City of Newport Beach General Plan 2006 Update EIR +
significantly adverse.... Therefore, the proposed General Plan Update would have a less -than-
significant impact on the visual character of developed urban areas." (See page 4.1 -19)
Create a New Source of Substantial Light or Glare, Which Would Adversely Affect Day or
Nighttime Views in the Area
The General Plan EIR notes that the city is primarily built out and currently has significant
amounts of ambient light. It further notes that new development could create new sources of
light and glare from uses such as exterior building lighting, parking lots and structures, reflective
building surfaces, and vehicular headlines. Sources of light and glare could affect adjacent
sensitive land uses generally considered to be undeveloped land and residential uses adjacent
to commercial or industrial uses. The 2006 General Plan includes policies to address potential
nighttime lighting impacts. These include policies to prevent lighting spillage onto adjacent
properties while other policies allow the integration of land uses with requirements for
addressing lighting for land use compatibility. The General Plan EIR states "Therefore, with
implementation of the above- mentioned policies, nighttime lighting impacts and potential
spillover would be Ies than significant." (See page 4.1 -22) The proposed Planned Community
Development Plan and Design Regulations also contain lighting provisions to implement these
General Plan policies.
Mitigation Program
Policies of the 2006 General Plan were adopted as a mitigation program that minimized impacts
associated with buildout of the City of Newport Beach, including the implementation of future
development in Fashion Island, Block 500, Block 600, and San Joaquin Plaza. The following
condition is included in the North Newport Center PC Text relating shade and shadow:
Prior to issuance of a building permit for a structure over 200 feet in height that has the
potential to shade residential areas north of San Joaquin Hills Road, a shade study shall
be prepared by the Applicant and submitted to the City. The shade study shall
demonstrate that the new development will not add shade to the designated residential
areas beyond existing conditions for more than three hours between the hours of 9 AM
and 3 PM Pacific Standard Time, or for more than four hours between the hours of 9 AM
and 5 PM Pacific Daylight Time.
The shade study shall be prepared to the satisfaction of the Planning Director and the
Planning Director shall determine conformance with the standards identified herein as part
of the plan review process.
Level of Significance After Mitigation
Consistent with the findingF of the General Plan EIR, the General Plan EIR states "...all other
project impacts associates with aesthetics and visual resources would be less than significant
under the proposed Newport Beach General Plan Update .,,2
Finding of Consistency With General Plan EIR
3.2
2 Visual impacts associated with Banning Ranch were found to be unavoidable. Banning Ranch is not a part of the
North Newport Center Project.
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Addendum to ON of Newoort Beach General Plan 2006 Update EIR
PROJECT: NO SUBSTANTIAL CHANGES WOULD OCCUR WHICH WOULD
REQUIRE MAJOR REVISIONS TO THE GENERAL PLAN EIR DUE TO THE
INVOLVEMENT OF NEW SIGNIFICANT ENVIRONMENTAL EFFECTS OR A
GENERAL PLAN EIR.AGRICULTURAL RESOURCES
The General Plan EIR identifies that the topic of Agricultural Resources was focused out
because the City of Newport Beach contains no designated farmland by the California
Department of Conservation, Farmland Mapping Program, 3 no land designated Farmland would
be converted to non - agricultural use as a result of implementation of the 2006 General Plan, no
sites in the City are zoned for agricultural use, and no sites would be affected by a Williamson
Act contract. (See page 6 -4)
3.3 AIR QUALITY
The following thresholds of significance are as set forth in the General Plan EIR. It states: "For
purposes of this EIR, implementation of the proposed project would have a significant adverse
impact on air quality if it would result in any of the following:
• Conflict with or obstruct implementation of the applicable air quality plan
• Violate any air quality standard or contribute substantially to an existing or
projected air quality violation
• Result in a cumulatively considerable net increase of any criteria pollutant for
which the project is in non - attainment under an applicable federal or State
ambient air quality standard
• Expose sensitive receptors to substantial pollutant concentrations
• Create objectionable odors affecting a substantial number of people"
No Substantial Change from Previous Analysis. Air quality impacts have been previously
analyzed as part of the General Plan EIR, which was prepared and certified pursuant to State
and City CEQA Guidelines. Minor additions and /or clarifications are needed to make the
previous document adequate to cover the actions that are currently proposed, which are
documented below and serve as an Addendum to the General Plan EIR.
Summary Analysis
Conflict With or Obstruct Implementation of the Applicable Air Quality Plan
Result in a Cumulatively Considerable Net Increase of any Criteria Pollutant for Which
the Project Is In Non - Attainment Under An Applicable Federal Or State Ambient Air
Quality Standard
The General Plan EIR identifies that projects that are consistent with the South Coast Air
Quality Management District (SCAQMD) 2003 Air Quality Management Plan (AQMP) are those
whose use and activities are consistent with the applicable assumptions used in the
3 California Department of Conservation, Farmland Mapping Program, important Farmland in California 2004 Map
(2004)
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Addendum to City of Newport Beach General Plan 2006 Update EIR
development of the AQMP. Because the growth projections assumed for buildout of the 2006
General Plan are higher than what would have been assumed in the AQMP, the "...proposed
General Plan Update would not be consistent with the AQMP attainment forecasts and
attainment of the standards could be delayed.... this impact would be significant." This was
identified as a project and cumulative unavoidable impact.
As previously identified in Table 1 of this Addendum, total development (existing and future) for
Fashion Island is 1,619,525 sf of regional commercial uses and 1,000 movie theatre seats; hotel
uses are permitted through a transfer of development rights. Total development (existing and
future) for Block 600 is 1,001,634 sf of office /commercial and 425 hotel rooms. Total
office /commercial development is 285,142 sf for Block 500 and 337,261 sf for San Joaquin
Plaza. In addition, 430 residential units and 65 hotel rooms may be developed in Blocks 500 or
600 or San Joaquin Plaza. Through the transfer of development rights included in the Project,
the entitlement for 165 new hotel rooms and 42,036 sf of office /commercial use allocated to
Block 600 is to be transferred to Block 500 for the development of 205,161 sf of
office /commercial use in Block 500.The Project does not propose any new land uses, nor any
additional intensity of development, not previously permitted and contemplated in the 2006
General Plan for the four sub - areas.
As such, the Project is in conformance with the assumptions set forth in the General Plan EIR.
Therefore, implementation of the Project would not result in any new impacts or increase the
severity of a previously identified significant impact as previously analyzed in the General Plan
EIR.
Violate Any Air Quality Standard or Contribute Substantially to an Existing or Projected
Air Quality Violation
The General Plan EIR identifies that construction related emissions could be mitigated but
would be expected to remain significant and unavoidable. Future development in North Newport
Center consistent with the assumptions of the 2006 General Plan may involve excavation,
grading operations, building construction, and demolition of existing structures and pavement.
All development will be required to comply with standard construction practices as set forth in
the SCAQMD Handbook, including best management practices (BMPs) for the control of
emissions. BMPs include control of fugitive dust through watering exposed surfaces, covering
exposed ground, and sweeping streets. Additional measures involve construction traffic
emission control including ensuring all vehicles and equipment are operating efficiently. It is
anticipated that standard control measures would reduce potential impacts of air emissions and
odors.
Page 4.2 -13 of the General Plan EIR states: 'Implementation of the proposed General Plan
Update would result in construction emissions that would contribute substantially to an existing
or projected air quality violation " The General Plan EIR evaluated the effects of full
implementation of entitlements for Fashion Island, Block 500, Block 600, and San Joaquin Plaza
on air quality and accounted for construction impacts. The General Plan EIR concluded that
despite implementation of General Plan Policies NR 8.1 through NR 8.5, which would help to
reduce construction - related air quality impacts, the development contemplated in the General
Plan would result in a significant and unavoidable air quality impact. The Project is in
conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation
of the Project would not result in any new impacts or increase the severity of a previously
identified significant impact as previously analyzed in the General Plan EIR.
Expose Sensitive Receptors to Substantial Pollutant Concentrations
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The General Plan notes that the implementation of General Plan land uses is not expected to
expose existing or future sensitive uses within the City to substantial carbon monoxide (CO)
concentrations. This impact was determined to be less than significant for all uses in the City.
As such, this conclusion would also be applicable to the North Newport Center Project.
Create Objectionable Odors Affecting a Substantial Number of People
Odors can occur from construction activities related to the operation of construction vehicles
and the application of architectural coatings. Odors can also occur from operation of uses such
as restaurants, manufacturing facilities, etc. The General Plan EIR notes uses such as
restaurants are typically required to have ventilation systems; trash receptacles are required by
City and Health Department regulations. The General Plan EIR states that "Consequently,
implementation of the proposed General Plan Update would not create objectionable odors
affecting a substantial number of people within the City and potential impacts would be less than
significant." (See page 4.2 -17). No land uses or activities would be permitted in the North
Newport Center District that would result in changes in the conclusions set forth in the General
Plan EIR.
Climate Change
The proposed North Newport Center Project serves to implement the principal goals of the 2006
General Plan. These goals and policies include the following:"
• A successful mixed -use district that integrates an economic and commercial
center serving the needs of Newport Beach residents and the subregion, with
expanded opportunities for residents to live close to jobs, commerce,
entertainment, and recreation, and is supported by a pedestrian - friendly
environment.
• Provide the opportunity for limited residential, hotel, and office development in
accordance with the limits specified by Tables LU1 and LU2.
• Provide the opportunity for an additional anchor tenant, other retail, and /or
entertainment and supporting uses that complement, are integrated with, and
enhance the economic vitality of existing development.
• Encourage that some new development be located and designed to orient to the
inner side of Newport Center Drive, establishing physical and visual continuity
that diminishes the dominance of surface parking lots and encourages pedestrian
activity.
• Encourage that pedestrian access and connections among uses within the
district be improved with additional walkways and streetscape amenities
concurrent with the development of expanded and new uses.
• Encourage that new development in Fashion Island complement and be of
equivalent or higher design quality than existing buildings. Reinforce the existing
promenades by encouraging retail expansion that enhances the storefront
visibility to the promenades and provides an enjoyable retail and pedestrian
experience.
4 Ibid., pages 3 -97 to 3 -98.
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Full implementation of entitlements for Fashion Island, Block 500, Block 600, and San Joaquin
Plaza consistent with the 2006 General Plan will assist the City in achieving its General Plan
goals. Regarding long- term air quality impacts, the General Plan EIR states that the nature of
Newport Center has the capacity to contribute to decreases in vehicle miles traveled because
the project area promotes a mixed -use, pedestrian - friendly district.5 The Project is not expected
to result in any climate change impacts due to greenhouse gas emissions beyond the impacts of
the development set forth in the General Plan EIR.
The General Plan EIR analyzed air quality impacts associated with buildout of future
development in the City, inclusive of Fashion Island, Block 500, Block 600, and San Joaquin
Plaza. The analysis included carbon dioxide (CO2) and other greenhouse gas emissions. As
discussed above, the Project would not generate any new air quality impacts not already
identified in the General Plan EIR. The Project is in conformance with the assumptions set forth
in the General Plan EIR. Therefore, implementation of the Project would not result in any new
impacts or increase the severity of a previously identified significant impact as previously
analyzed in the General Plan EIR.
With respect to global climate change resulting from greenhouse gas emissions, no "new
information of substantial importance' on climate change is now available that was not known
and could not have been known when the City approved the General Plan EIR in 2006. For
example, in 1979, the National Research Council published "Carbon Dioxide and Climate: A
Scientific Assessment," which concluded that climate change was an accelerating phenomenon
partly due to human activity. Numerous studies conducted before and after the National
Research Council report reached similar conclusions. The State of California adopted legislation
in 2002 requiring the California Air Resources Board to develop regulations limiting greenhouse
gas emissions from automobiles.
Consideration of strategies to control emissions of greenhouse gases which may contribute in
some manner to global climate change is under consideration at all regulatory levels; however,
there is no one agency responsible for regulating greenhouse gases, and there are no
established standards to evaluate the significance of greenhouse gas emissions. However, the
most common greenhouse gas emissions are from vehicle emissions (both construction and
operational) and operational emissions from energy consumption. These issues have been
addressed in General Plan EIR.
Analyses prepared for or by California State Agencies on climate change issues do not provide
for the provision of specific measures to incorporate into particular projects to reduce
greenhouse gas emissions, except for generalized recommendations about such matters as
encouraging jobs /housing proximity. The California Energy Commission recently explained that
accessibility and mixed use are two factors that reduce vehicles trips, which are a major source
of greenhouse gas emissions in California .6
The Project's incremental contribution to any cumulative global climate change impact is
mitigated by various characteristics of the Project that serve to render its contribution less than
cumulatively considerable. One of the main concerns raised by those concerned about the
effect of greenhouse gases on climate change is that "leap frog" -type development would serve
to potentially increase the number of vehicle miles traveled and consequently increase those
vehicular emissions (i.e., CO2 that contribute to greenhouse gases). The Project would allow for
City of Newport Beach, Final Environmental impact Report for the General Plan 2006 Update (State Clearinghouse
No. 2006011119), July 26, 2006, page 4.2 -12.
6 California Energy Commission, The Role of Land Use in Meeting California's Energy and Climate Change Goals,
Draft, June 26, 2007, pages 7, 17 -19.
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in -fill, mixed use development in an urbanized setting thereby providing opportunities to reduce
vehicle trips.
Mitigation Program
Policies of the 2006 General Plan were adopted as a mitigation program that minimized impacts
associated with buildout of the City of Newport Beach, including the implementation of future
development in Fashion Island, Block 500, Block 600, and San Joaquin Plaza.
Level of Significance After Mitigation
Consistent with the findings of the General Plan EIR, the General Plan EIR identifies that there
are no feasible mitigation measures to reduce the impact of increased population on
implementation of the AQMP; to reduce cumulative impacts associated with construction
emissions; or to reduce operational activities. These impacts would be significant and
unavoidable.
Finding of Consistency With General Plan EIR
Pursuant to Section 15162 of the CEQA Guidelines, the City of Newport Beach has determined,
on the basis of substantial evidence in the light of the whole record, that the North Newport
Center Project does not propose substantial changes to the project; no substantial changes
would occur which would require major revisions to the General Plan EIR due to the
involvement of new significant environmental effects or a substantial increase in the severity of
previously identified significant effects; and no new information of substantial importance has
been revealed since the certification of the General Plan EIR.
3.4 BIOLOGICAL RESOURCES
The following thresholds of significance are as set forth in the General Plan EIR. It states: "For
purposes of this EIR, implementation of the proposed project would have a significant adverse
impact on biological resources if it would result in any of the following:
• Have a substantial adverse effect, either directly or indirectly through habitat
modifications, on any species identified as a candidate, sensitive, or special
status species in local or regional plans, policies, or the CDFG or USFWS
• Have a substantial adverse effect on any riparian habitat or other sensitive
natural community identified in local or regional plans, policies, regulations or by
the CDFG or USFWS
• Have a substantial adverse effect on federally protected wetlands as defined by
Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal
pool, coastal, etc.) through direct removal, filling, hydrological interruption, or
other means
• Interfere substantially with the movement of any native resident or migratory fish
or wildlife species or with established native resident or migratory wildlife
corridors, or impede the use of native wildlife nursery sites
• Conflict with any local policies or ordinances protecting biological resources,
such as a tree preservation policy or ordinance
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• Conflict with the provisions of an adopted Habitat Conservation Plan, Natural
Community Conservation Plan, or other approved local, regional, or state habitat
conservation plan"
No Substantial Change from Previous Analysis. Biological resources impacts have been
previously analyzed as part of the General Plan EIR, which was prepared and certified pursuant
to State and City CEQA Guidelines. Minor additions and /or clarifications are needed to make
the previous document adequate to cover the actions that are currently proposed, which are
documented below and serve as an Addendum to the General Plan EIR.
Summary Analvsis
Have a Substantial Adverse Effect, Either Directly or Indirectly Through Habitat
Modifications, On Any Species Identified as a Candidate, Sensitive, or Special Status
Species in Local or Regional Plans, Policies, or the CDFG or USFWS
Have a Substantial Adverse Effect on Any Riparian Habitat or Other Sensitive Natural
Community Identified in Local or Regional Plans, Policies, Regulations or By the CDFG
or USFWS
Have a Substantial Adverse Effect on Federally Protected Wetlands as Defined By
Section 404 Of The Clean Water Act (Including, But Not Limited To, Marsh, Vernal Pool,
Coastal, Etc.) Through Direct Removal, Filling, Hydrological Interruption, or Other Means
Interfere Substantially With the Movement of Any Native Resident or Migratory Fish or
Wildlife Species or With Established Native Resident or Migratory Wildlife Corridors, or
Impede the Use of Native Wildlife Nursery Sites
Conflict with Any Local Policies or Ordinances Protecting Biological Resources, Such As
a Tree Preservation Policy or Ordinance
Conflict with the Provisions of an Adopted Habitat Conservation Plan, Natural
Community Conservation Plan, or Other Approved Local, Regional, or State Habitat
Conservation Plan
Fashion Island, Block 500, Block 600, and San Joaquin Plaza are located within Newport
Center, a built urban environment. Landscaped areas within Fashion Island, Block 500, Block
600, and San Joaquin Plaza include non - native landscape materials including turf, trees, and
plants. No wetlands or riparian habitat community exist in the sub - areas. The project would not
have a substantial adverse effect on any species identified by the California Department of Fish
and Game and the U.S. Fish and Wildlife Service as a species for concern because the site has
been developed for the past 40 years and contains no habitat suitable for wildlife. Landscaping
may be removed as a result of future development. The General Plan EIR notes that
development could result in the removal of mature trees that may be used as perching and
nesting sites for migratory birds and raptors. The General Plan EIR identifies mitigation
associated with this potential impact and states "With compliance with these policies, impacts
would be less than significant...."
The County of Orange Natural Community Conservation Plan (NCCP) and the Habitat
Conservation Plan (HCP) surveyed and mapped habitat vegetation and species throughout the
County, including the four sub - areas. No candidate, sensitive or special status species were
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identified in the vicinity of the site.' Additionally, North Newport Center is identified as having no
conservation value and is not included in the NCCP or HCP.
The General Plan EIR analyzes the potential biological effects associated with buildout of the
2006 General Plan, including Fashion Island, Block 500, Block 600, and San Joaquin Plaza.
These sites would be required to comply with applicable 2006 General Plan policies regarding
biological resources. Pages 4.3 -22, 4.3 -24, and 4.3 -27 of the Biological Resources Analysis in
the General Plan EIR address development in Newport Center, inclusive of Fashion Island,
Block 500, Block 600, and San Joaquin Plaza. Page 4.3 -27 identifies that that the 2006 General
Plan policies ensure that build -out consistent with the General Plan would not impact native,
resident, or migratory wildlife species or corridors.
Mitigation Program
Policies of the 2006 General Plan were adopted as a mitigation program that minimized impacts
associated with buildout of the City of Newport Beach, including the implementation of future
development in Fashion Island, Block 500, Block 600, and San Joaquin Plaza.
Level of Significance After Mitigation
Consistent with the findings of the General Plan EIR, the General Plan EIR identifies that
compliance with existing federal, State, and local regulations would mitigate biological resources
impacts to a level considered less than significant.
Finding of Consistency With General Plan EIR
Pursuant to Section 15162 of the CEQA Guidelines, the City of Newport Beach has determined,
on the basis of substantial evidence in the light of the whole record, that the North Newport
Center Project does not propose substantial changes to the project; no substantial changes
would occur which would require major revisions to the General Plan EIR due to the
involvement of new significant environmental effects or a substantial increase in the severity of
previously identified significant effects; and no new information of substantial importance has
been revealed since the certification of the General Plan EIR.
3.5 CULTURAL RESOURCES
The following thresholds of significance are as set forth in the General Plan EIR. It states: "For
purposes of this EIR, implementation of the proposed project would have a significant adverse
impact on cultural resources if it would result in any of the following:
• Cause a substantial adverse change in the significance of a historical resource
as defined in Section 15064.5
• Cause a substantial adverse change in the significance of an archaeological
resource pursuant to Section 15064.5
• Directly or indirectly destroy a unique paleontological resource or site or unique
geologic feature
• Disturb any human remains, including those interred outside of formal
cemeteries"
7 U.S. Department of Interior Fish and Wildlife Service, Natural Community Conservation Plan, Habitat Conservation
Plan, EIR, and EIS -County of Orange Central and Coastal Subregion, May 1996.
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No Substantial Change from Previous Analysi s
previously analyzed as part of the General Plan EIR,
to State and City CEQA Guidelines. Minor addition s
the previous document adequate to cover the actio
documented below and serve as an Addendum to the
Summary Analvsis
. Cultural resources impacts have been
which was prepared and certified pursuant
and /or clarifications are needed to make
ns that are currently proposed, which are
General Plan EIR.
Cause a Substantial Adverse Change in the Significance of a Historical Resource as
Defined In Section 15064.5
The four sub -areas of the North Newport Center PC District are not identified as a historic area
or an area containing historical resources by the City of Newport Beach General Plan. The
Project would not result in any adverse physical or aesthetic effects to any building, structure, or
object having historical, cultural, or religious significance. As such, no historic resources would
be impacted by the Project.
Cause a Substantial Adverse Change in the Significance of an Archaeological Resource
Pursuant To Section 15064.5
Disturb Any Human Remains, Including Those Interred Outside of Formal Cemeteries
The General Plan EIR notes that ground- disturbing activities can damage or destroy
archaeological and /or Native American cultural resources. The 2006 General Plan contains
policies to ensure the protection of such resources. The General Plan EIR states that
"...implementation of the proposed General Plan Update policies would ensure that impacts to
archaeological and Native American cultural resources would be less than significant...." (See
page 4.4 -16) The Project is in conformance with the assumptions set forth in the General Plan
EIR. Therefore, implementation of the Project would not result in any new impacts or increase
the severity of a previously identified significant impact as previously analyzed in the General
Plan EIR.
Directly or Indirectly Destroy a Unique Paleontological Resource or Site or Unique
Geologic Feature
Paleontological resources may be present in fossil- bearing soils and rock formations below the
ground surface. Ground - disturbing activities in these soils and formations have the potential to
damage or destroy these resources. The General Plan EIR states that compliance with General
Plan policies "...would reduce this impact to a less- than - significant level by ensuring that
paleontological resources would be subject to scientific recovery and evaluation..." (See page
4.4 -17) The Project is in conformance with the assumptions set forth in the General Plan EIR.
Therefore, implementation of the Project would not result in any new impacts or increase the
severity of a previously identified significant impact as previously analyzed in the General Plan
EIR.
Mitiviation Pronram
Policies of the 2006 General Plan were adopted as a mitigation program that minimized impacts
associated with buildout of the City of Newport Beach, including the implementation of future
development in Fashion Island, Block 500, Block 600, and San Joaquin Plaza.
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Level of Significance After Mitigation
Consistent with the findings of the General Plan EIR, the General Plan EIR identifies that
impacts to archaeological and paleontological resources, and human remains could be
mitigated to a level considered less than significant.
Finding of Consistency With General Plan EIR
Pursuant to Section 15162 of the CEQA Guidelines, the City of Newport Beach has determined,
on the basis of substantial evidence in the light of the whole record, that the North Newport
Center Project does not propose substantial changes to the project; no substantial changes
would occur which would require major revisions to the General Plan EIR due to the
involvement of new significant environmental effects or a substantial increase in the severity of
previously identified significant effects; and no new information of substantial importance has
been revealed since the certification of the General Plan EIR.
3.6 GEOLOGY, SOILS, AND MINERAL RESOURCES
The following thresholds of significance are as set forth in the General Plan EIR. It states:
"Implementation of the proposed General Plan Update would result in a significant impact if the
project would:
• Expose people or structures to potential substantial adverse effects, including the
risk of loss, injury, or death involving
- Rupture of a known earthquake fault, as delineated on the most recent
Alquist - Priolo Earthquake Fault Zoning Map issued by the State Geologist
for the area or based on other substantial evidence of a known fault
- Strong seismic ground shaking
- Seismic - related ground failure, including liquefaction
- Landslides
• Result in substantial soil erosion or the loss of top soil
Be located on a geologic unit or soil that is unstable, or that would become
unstable as a result of the project, and potentially result in on- or off -site
landslide, lateral spreading, subsidence, liquefaction or collapse
• Be located on expansive soil, as defined in Table 18 1 B of the Uniform Building
Code (1994), creating substantial risks to life or property
• Result in the loss of availability of a known mineral resource that would be of
value to the region and the residents of the State
• Result in the loss of availability of a locally important mineral resource recovery
site delineated on a local general plan, specific plan or other land use plan"
No Substantial Change from Previous Analysis. Geology, soils, and mineral resources
impacts have been previously analyzed as part of the General Plan EIR, which was prepared
and certified pursuant to State and City CEQA Guidelines. Minor additions and /or clarifications
are needed to make the previous document adequate to cover the actions that are currently
proposed, which are documented below and serve as an Addendum to the General Plan EIR.
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Addendum to City of Newport Beach General Plan 2006 Update EIR
Summary Analysis
Expose People or Structures to Potential Substantial Adverse Effects, Including the Risk
of Loss, Injury, or Death Involving the Rupture of a Known Earthquake Fault, Strong
Ground Shaking, Seismic - Related Ground Failure, or Landslides
The General Plan EIR notes that there are no Alquist - Priolo zones in the City; no impact would
result. Policies are provided in the 2006 General Plan to ensure that adverse effects caused by
seismic and geologic hazards are minimized. Moderate to large earthquakes would cause
ground shaking in Newport Center, inclusive of Fashion Island, Block 500, Block 600, and San
Joaquin Plaza. Compliance with regulations and policies of the General Plan EIR would
"...ensure that impacts related to strong seismic ground shaking remain at a less -than-
significant level." With respect to seismic - related ground failure, none of Newport Center is in an
identified liquefaction area.
Result In Substantial Soil Erosion or the Loss of Top Soil
With respect to top soil, the General Plan EIR notes that most of the City is built out and top soil
is not an issue. With respect to soil erosion, shoreline areas and coastal bluffs are highly
susceptible to erosion from wave action and stream erosion. The four sub -areas are not located
near the coast or bluff areas. All demolition and construction activities are required to comply
with the California Building Code and other regional and local regulations (e.g., State Water
Resources Control Board provisions) that require the implementation of measures to reduce soil
erosion. The General Plan EIR identifies that potential impacts would be mitigated to a less than
significant level. The Project is in conformance with the assumptions set forth in the General
Plan EIR. Therefore, implementation of the Project would not result in any new impacts or
increase the severity of a previously identified significant impact as previously analyzed in the
General Plan EIR.
Be Located on Expansive Soil, as Defined In Table 18 1 B of the Uniform Building Code
(1994), Creating Substantial Risks to Life or Property
The General Plan EIR considered buildout of the City, inclusive of Fashion Island, Block 500,
Block 600, and San Joaquin Plaza in its geology analysis. Page 4.5 -13 of the General Plan EIR
discusses the General Plan Update's concentration of development in areas including Fashion
Island, Block 500, Block 600, and San Joaquin Plaza, and notes that the impact is considered
less than significant. All four sub -areas have been subject to development which has required
the analysis of soil conditions.
With respect to soil characteristics, the certified Final EIR for the Island Hotel (formerly Four
Seasons), dated October 21, 1983, discussed geology and soils in Newport Center. The Final
EIR states that Newport Center is:
...part of an uplifted marine terrace of Pleistocene age. The marine terrace soils
are composed essentially of weakly cemented to loose sands and silty sands
which in parts of Newport Center reach a depth of as much as 50 feet. The upper
one to two feet of this material have weathered to form a moderately expansive,
clayey soil. The Pleistocene sediments are underlain by clay shales, clay
siltstones, and sandstones of Miocene age, Monterey Formation.
Because policies of the General Plan require that development not be located on unstable soils
or geologic units, the General Plan EIR found that the potential impact was less than significant.
The Uniform Building Code and California Building Code include regulations governing
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seismically resistant construction and construction to protect people and property from
construction and building hazards.
Result in the Loss of Availability of a Known Mineral Resource That Would Be Of Value to
the Region and the Residents of the State
Result in the Loss of Availability of a Locally Important Mineral Resource Recovery Site
Delineated on a Local General Plan, Specific Plan, or Other Land Use Plan
The General Plan EIR notes that implementation of the 2006 General Plan would not result in
the loss of availability of known mineral resources of value to the region or the State. No
impacts would occur.
Mitigation Program
Policies of the 2006 General Plan were adopted as a mitigation program that minimized impacts
associated with buildout of the City of Newport Beach, including the implementation of future
development in Fashion Island, Block 500, Block 600, and San Joaquin Plaza.
Level of Significance After Mitigation
Consistent with the findings of the General Plan EIR, the General Plan EIR identifies that
impacts to geology and soils could be mitigated to a level considered less than significant. No
mineral resources were identified.
Finding of Consistency With General Plan EIR
Pursuant to Section 15162 of the CEQA Guidelines, the City of Newport Beach has determined,
on the basis of substantial evidence in the light of the whole record, that the North Newport
Center Project does not propose substantial changes to the project; no substantial changes
would occur which would require major revisions to the General Plan EIR due to the
involvement of new significant environmental effects or a substantial increase in the severity of
previously identified significant effects; and no new information of substantial importance has
been revealed since the certification of the General Plan EIR.
3.7 HAZARDS AND HAZARDOUS MATERIALS
The following thresholds of significance are as set forth in the General Plan EIR. It states:
"Implementation of the proposed project may have a significant adverse impact to the public or
the environment through hazards and hazardous materials if it would result in any of the
following:
• Create a significant hazard to the public or the environment through the routine
transport, use, or disposal of hazardous materials
• Create a significant hazard to the public or the environment through reasonably
foreseeable upset and accident conditions involving the release of hazardous
materials into the environment
• Emit hazardous emissions or handle hazardous or acutely hazardous materials,
substances, or waste within one - quarter mile of an existing or proposed school
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• Be located on a site which is included on a list of hazardous materials site
compiled pursuant to Government Code Section 65962.5, and as a result, would
create a significant hazard to the public or the environment
• For a project located within an airport land use plan, or where such a plan has
not been developed, within two miles of a public airport or public use airport,
result in a safety hazard for people residing or working in the project area
• Impair implementation of or physically interfere with an adopted emergency
response plan or emergency evacuation plan
• Expose people or structures to a significant risk of loss, injury or death involving
wildland fires, including where wildlands are adjacent to urbanized areas or
where residences are intermixed with wildlands°
No Substantial Change from Previous Analysis. Hazards and hazardous material - related
impacts have been previously analyzed as part of the General Plan EIR, which was prepared
and certified pursuant to State and City CEQA Guidelines. Minor additions and /or clarifications
are needed to make the previous document adequate to cover the actions that are currently
proposed, which are documented below and serve as an Addendum to the General Plan EIR.
Summary Analysis
Create a Significant Hazard to the Public or the Environment through the Routine
Transport, Use, or Disposal of Hazardous Materials
Emit Hazardous Emissions or Handle Hazardous or Acutely Hazardous Materials,
Substances, or Waste within One - Quarter Mile of an Existing or Proposed School
Be Located on a Site Which Is Included On A List Of Hazardous Materials Site Compiled
Pursuant To Government Code Section 65962.5, and as a Result, Would Create a
Significant Hazard To The Public Or The Environment
Impair Implementation Of or Physically Interfere With an Adopted Emergency Response
Plan or Emergency Evacuation Plan
The General Plan EIR acknowledges that implementation of the 2006 General Plan land uses
would result in an increase in commercial development that could increase the routine transport,
use, storage, and disposal of hazardous materials. The General Plan also notes that
construction activities can result in the exposure of hazardous materials (e.g., lead -based paint
and asbestos). The City contains sites that have been identified as being contaminated by the
release of hazardous substances into the soil; sites containing leaking underground storage
tanks; and large and small generators of hazardous materials.
The General Plan EIR notes that projects are required to comply with existing regulations and
General Plan policies to protect construction workers and the public. Potential impacts were
determined to be less than significant. Future development in North Newport Center could
require the demolition of structures. Demolition and construction activities on the four sub -areas
would also be subject to compliance with these regulations and policies.
The Island Hotel (formerly Four Seasons) in Block 600 is listed as having a leaking underground
storage tank (LUST).8 A remediation plan has been submitted to the Orange County Local
Ibid., Table 4.6 -5.
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Oversight Program (Local Lead Agency) and to the Santa Ana Regional Water Quality Control
Board. The conclusion of this effort is pending. The contaminant identified is diesel fuel. None of
the leaks that have been reported in the City have impacted a drinking source of groundwater.
As with all development in the City, the Project must comply with existing regulations and
General Plan policies regarding hazardous materials. General Plan Policy S 7.3 educates
residents and businesses about reducing or eliminating their use of hazardous materials. Policy
S 7.6 requires that all users, producers, and transporters of hazardous materials and wastes
clearly identify the materials and comply with applicable law.
The General Plan EIR notes that increased population and development could result in
congested traffic conditions. The 2006 General Plan identifies policies to ensure that the city's
Emergency Management Plan is regularly updated, provides for efficient and orderly citywide
evacuation, and ensures that emergency service personnel are knowledgeable of the relevant
response plans for the City. Such information is also distributed through the community. General
Plan policies for handling emergencies would reduce hazardous materials impacts due to
growth to a less than significant level. The Project is in conformance with the assumptions set
forth in the General Plan EIR. Therefore, implementation of the Project would not result in any
new impacts or increase the severity of a previously identified significant impact as previously
analyzed in the General Plan EIR.
Expose People or Structures to a Significant Risk of Loss, Injury or Death Involving
Wildland Fires, Including Where Wildlands Are Adjacent To Urbanized Areas or Where
Residences Are Intermixed With Wildlands
North Newport Center is not susceptible to wildland fires; the four sub -areas are completely
surrounded by existing urban development.
For a Project Located Within an Airport Land Use Plan, or Where Such a Plan has Not
Been Developed, Within Two Miles Of a Public Airport Or Public Use Airport, Result In a
Safety Hazard For People Residing Or Working In The Project Area
The four sub -areas are identified in the Airport Environs Land Use Plan (AELUP) for the John
Wayne Airport. The Airport Land Use Commission (ALUC) has found the City of Newport Beach
to be a consistent agency with the AELUP. However, the AELUP requires that zone changes for
consistent agencies be referred to the ALUC for a determination prior to City action. Therefore,
the zone change has been forwarded to the ALUC, and a hearing is scheduled prior to public
hearings before the City's Planning Commission and City Council.
Additionally, the four sub -areas are within the AELUP Height Restriction Zone. Within this zone,
notice to the Federal Aviation Administration (FAA) is required for construction or alteration to
any building more than 200 feet above ground level. Prior to construction or alteration of a
building more than 200 feet above ground level a Determination of No Hazard must be obtained
from the FAA. A determination of No Hazard is the FAA's independent finding that a proposed
structure will not pose a hazard to air navigation. The PC Text requires that any structure above
200 feet will be forwarded to the FAA for their independent analysis.
Mitigation Program
Policies of the 2006 General Plan were adopted as a mitigation program that minimized impacts
associated with buildout of the City of Newport Beach, including the implementation of future
development in Fashion Island, Block 500, Block 600, and San Joaquin Plaza. The following
conditions are included in the North Newport Center PC Text relating the adherence to the
AELUP and FAA restrictions:
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Addendum to Citv of Newport Beach General Plan 2006 Update EIR
For development of structures that exceed 200 feet in height above ground level at a
development site, applicants shall file a Notice of Proposed Construction or Alteration
with the FAA (FAA Form 7460 -1). Following the FAA's Aeronautical Study of a project,
the project must comply with conditions of approval imposed or recommended by the
FAA. Subsequent to the FAA findings, the City shall refer the project to the Airport Land
Use Commission (ALUC) of Orange County for consistency analysis.
2. No buildings within the Fashion Island /Block 500 /61ock 600 /San Joaquin Plaza Planned
Community area should penetrate the FAA FAR Part 77 imaginary obstruction surface
for John Wayne Airport.
3. Applicants shall file a Notice of Proposed Construction or Alteration with the FAA (Form
7460 -1) for any construction cranes that exceed 200 feet in height above ground level.
Level of Significance After Mitigation
Consistent with the findings of the General Plan EIR, the General Plan EIR identifies that
impacts to hazards and hazardous materials relevant to the Project could be mitigated to a level
considered less than significant.
Finding of Consistency With General Plan EIR
Pursuant to Section 15162 of the CEQA Guidelines, the City of Newport Beach has determined,
on the basis of substantial evidence in the light of the whole record, that the North Newport
Center Project does not propose substantial changes to the project; no substantial changes
would occur which would require major revisions to the General Plan EIR due to the
involvement of new significant environmental effects or a substantial increase in the severity of
previously identified significant effects; and no new information of substantial importance has
been revealed since the certification of the General Plan EIR.
3.8 HYDROLOGY AND WATER QUALITY
The following thresholds of significance are as set forth in the General Plan EIR. It states:
"Implementation of the proposed project may have a significant adverse impact on hydrology
and water quality, as well as the City's storm drain system, if it would result in any of the
following:
• Violate any water quality standards or waste discharge requirements
• Substantially deplete groundwater supplies or interfere substantially with
groundwater recharge such that there would be a net deficit in aquifer volume or
a lowering of the local groundwater table.
• Substantially alter the existing drainage pattern of the site or area, including
through the alteration of the course of a stream or river, or substantially increase
the rate or amount of surface runoff in a manner which would result in flooding
on- or off -site
• Create or contribute runoff water which would exceed the capacity of existing or
planned stormwater drainage systems or provide substantial additional sources
of polluted runoff
• Require or result in the construction and /or expansion of new storm drain
infrastructure that would cause significant environmental effects
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• Otherwise substantially degrade water quality
• Place housing within a 100 -year flood hazard area as mapped on a Federal
Flood Hazard Boundary or flood Insurance Rate Map or other flood hazard
delineation map
• Place within a 100 -year flood hazard area structures which would impede or
redirect flows
Expose people or structures to a significant risk or loss, injury or death involving
flooding, including flooding as a result of a levee or dam
Expose people or structures to significant risk or loss, injury or death involving
inundation by seiche, tsunami, or mudflow"
11:1
No Substantial Change from Previous Analysis. Hydrology and water quality impacts have
been previously analyzed as part of the General Plan EIR, which was prepared and certified
pursuant to State and City CEQA Guidelines. Minor additions and /or clarifications are needed to
make the previous document adequate to cover the actions that are currently proposed, which
are documented below and serve as an Addendum to the General Plan EIR.
Summary Analysis
Violate Any Water Quality Standards or Waste Discharge Requirements
Create or Contribute Runoff Water Which Would Exceed the Capacity of Existing or
Planned Stormwater Drainage Systems or Provide Substantial Additional Sources of
.Polluted Runoff
Otherwise Substantially Degrade Water Quality
The General Plan EIR notes that the implementation of development set forth in the 2006
General Plan could result in an increase in pollutants in storm water and wastewater. However,
water quality standards and waste discharge requirements would not be violated with
compliance with regulations including but not limited to the State Water Resources Control
Board Construction General Permit and preparation and implementation of Stormwater Pollution
Prevention Plans required for compliance with the NPDES General Construction Stormwater
Activity Permit. Permit and regulation compliance would be required for future development
projects within Fashion Island, Block 500, Block 600, and San Joaquin Plaza.
The City of Newport Beach Municipal Code ensures compliance with federal water quality
standards. The Municipal Code also regulates grading, fill, drainage, and erosion control. All
construction and development must comply with applicable federal, State, and City laws. Also,
General Plan Update policies "would reduce the risk of water degradation from the operation of
new developments to the maximum extent practicable. "9 The impact of development under the
General Plan Update would be less than significant.
As identified in the General Plan EIR, Policy NR 3.16 Street Drainage Systems states "Require
all street drainage systems and other physical improvements created by the City, or developers
of new subdivisions, to be designed, constructed, and maintained to minimize adverse impacts
on water quality. Investigate the possibility of treating or diverting street drainage to minimize
9 Ibid., page 4.7 -32.
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impacts to water bodies. "i0 General Plan Policy LU 2.8, Adequate Infrastructure, states
"Accommodate the types, densities, and mix of land uses that can be adequately supported by
transportation and utility infrastructure (water, sewer, storm drainage, energy, and so on) and
public services (schools, parks, libraries, seniors, youth, police, fire, and so on)."
The General Plan EIR concludes that impacts are less than significant. General Plan Update
Policies "would ensure that new development can be adequately supported by utilities such as
storm drainage infrastructure. 02 Impacts are less than significant. The Project is in conformance
with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project
would not result in any new impacts or increase the severity of a previously identified significant
impact as previously analyzed in the General Plan EIR.
Substantially Deplete Groundwater Supplies or Interfere Substantially With Groundwater
Recharge Such That There Would Be A Net Deficit in Aquifer Volume or a Lowering of the
Local Groundwater Table
The General Plan EIR notes that implementation of the General Plan could create additional
impervious surfaces which could interfere with groundwater recharge. The General Plan EIR
goes on to note that, however, intensification of development would not affect groundwater
recharge. As the four sub -areas are currently developed, there would be no substantive change
in the amount of impervious surfaces. The EIR finds that "new development would not
substantially affect groundwater recharge. Potential impacts to groundwater recharge would be
less than significant. " 73 The Project is in conformance with the assumptions set forth in the
General Plan EIR. Therefore, implementation of the Project would not result in any new impacts
or increase the severity of a previously identified significant impact as previously analyzed in the
General Plan EIR.
Require or Result In the Construction and/or Expansion of New Storm Drain
Infrastructure That Would Cause Significant Environmental Effects
On a citywide basis, the General Plan EIR notes that buildout may require the expansion of
storm drains or the construction of new storm drain infrastructure. The existing site drainage has
been designed to handle run off from existing structures on the four sub - areas. As future site -
specific development is proposed, drainage plans will be developed. The General Plan EIR
contains policies that ensure that new development can be adequately supported by utilities
such as storm drain infrastructure. The General Plan EIR states "It is not anticipated that this
construction of necessary storm drainage upgrades in and of itself would result in impacts
separate from the General Plan Update." (See page 4.7 -37) The Project is in conformance with
the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project
would not result in any new impacts or increase the severity of a previously identified significant
impact as previously analyzed in the General Plan EIR.
Substantially Alter The Existing Drainage Pattern Of The Site Or Area, Including Through
The Alteration of The Course Of A Stream Or River, Or Substantially Increase The Rate Or
Amount Of Surface Runoff In A Manner Which Would Result In Flooding On- Or Off -Site
Place Housing within a 100 -Year Flood Hazard Area as Mapped on a Federal Flood
Hazard Boundary or Flood Insurance Rate Map or Other Flood Hazard Delineation Map
'o Ibid., page 4.14 -45.
" Ibid., page 4.14 -34.
Ibid., page 4.7 -36.
" Ibid., page 4.7 -33.
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Place Within a 100 -Year Flood Hazard Area Structures Which Would Impede or Redirect
Flows
Expose People or Structures to A Significant Risk or Loss, Injury or Death Involving
Flooding, Including Flooding As A Result Of A Levee or Dam
Expose People or Structures to Significant Risk or Loss, Injury or Death Involving
Inundation by Seiche, Tsunami, or Mudflow
While the General Plan EIR identifies areas of the City that would be vulnerable to flooding and
coastal wave systems, the Project is not located in a flood hazard zone 14 nor is it proximate to
the Pacific Ocean. No impacts are anticipated.
Mitigation Program
Policies of the 2006 General Plan were adopted as a mitigation program that minimized impacts
associated with buildout of the City of Newport Beach, including the implementation of future
development in Fashion Island, Block 500, Block 600, and San Joaquin Plaza.
Level of Significance After Mitigation
Consistent with the findings of the General Plan EIR, the General Plan EIR identifies that
impacts to hydrology and water quality could be mitigated to a level considered less than
significant.
Finding of Consistency With General Plan EIR
Pursuant to Section 15162 of the CEQA Guidelines, the City of Newport Beach has determined,
on the basis of substantial evidence in the light of the whole record, that the North Newport
Center Project does not propose substantial changes to the project; no substantial changes
would occur which would require major revisions to the General Plan EIR due to the
involvement of new significant environmental effects or a substantial increase in the severity of
previously identified significant effects; and no new information of substantial importance has
been revealed since the certification of the General Plan EIR.
3.9 LAND USE AND PLANNING
The following thresholds of significance are as set forth in the General Plan EIR. It states:
"Implementation of the proposed project may have a significant adverse impact on land use and
planning if it would result in any of the following:
• Intensify development within the Planning Area that creates incompatibilities with
adjacent land uses
• Physically divides an established community
• Conflict with any applicable land use plan, policy, or regulation of an agency with
jurisdiction over the project (including, but not limited to the general plan, specific
plan, local coastal program, or zoning ordinance) adopted for the purpose of
avoiding or mitigating an environmental effect
14 Ibid., Figure 4.7 -3 Flood Zones.
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• Conflict with any applicable habitat conservation plan or natural community
conservation plan"
No Substantial Change from Previous Analysis. Land use impacts have been previously
analyzed as part of the General Plan EIR, which was prepared and certified pursuant to State
and City CEQA Guidelines. Minor additions and /or clarifications are needed to make the
previous document adequate to cover the actions that are currently proposed, which are
documented below and serve as an Addendum to the General Plan EIR.
Summary Analvsis
Intensify Development within the Planning Area that Creates Incompatibilities with
Adjacent Land Uses
Conflict with any Applicable Land Use Plan, Policy, Or Regulation Of An Agency With
Jurisdiction Over The Project (Including, But Not Limited To The General Plan, Specific
Plan, Local Coastal Program, Or Zoning Ordinance) Adopted For The Purpose Of
Avoiding Or Mitigating An Environmental Effect
The General Plan EIR notes that buildout of the 2006 General Plan land uses may result in new
uses and structures at an increased intensity that creates incompatibilities with adjacent land
uses. These incompatibilities can result from factors including differences in scale of
development, noise and traffic levels, and hours of operation. Conflicts can also occur where
mixed use development occurs. Newport Center /Fashion Island is a location in the City
identified for mixed use development. The General Plan EIR describes this area as:
Newport Center /Fashion Island is a regional center of business and commerce that
includes major retail, professional office, entertainment, hotel, and residential uses
in a master planned mixed use development. Fashion Island, a regional shopping
center, forms the nucleus of Newport Center, and is framed by this mixture of
office, entertainment, and residential. New land uses in this subarea include
additional commercial uses (approximately 430,000 square feet), approximately
600 multi - family residential units [reduced to 450 units in Final Program EIR] and
approximately 250 additional hotel rooms. Residential units have existed in this
area since the 1970's, and increased through the 1990s. No conflicts of use
between the residential and commercial uses have existed previously in this area,
as evidenced by the lack of complaints by area residents. Goals and policies
contained in the proposed General Plan Update would serve to promote a mixed
use, pedestrian - friendly district for this subarea that would continue commercial and
residential uses. Policy LU 6.14.5 encourages improved pedestrian connections
and streetscape amenities connecting the area's diverse districts. Goals contained
in the proposed General Plan Update related to mixed use development (Goal 5.3)
specifically articulate that such development should promote compatibility among
uses. General Plan Policy LU 5.3.1 calls for the consideration of compatibility
issues in project design of mixed use development. Thus, mixed use development
under the proposed General Plan Update would be, by design, compatible with
adjacent non - residential uses.i5
As previously noted in this Addendum, Fashion Island is a regional commercial center with retail
uses, restaurants, bars, and theater /nightclubs. Block 500 includes office, administrative,
professional, and financial uses. Block 600 includes hotel, office, administrative, professional
and financial uses, and accessory uses. San Joaquin Plaza includes business and professional
'S Ibid., page 4.8 -11.
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office uses. In addition to these four sub - areas, Newport Center includes the following sub-
areas and land uses:
Block land Use
100 administrative and professional offices, limited accessory retail, financial, service, and
entertainment uses
200
administrative and professional offices, limited accessory retail, financial, service, and
entertainment uses
300
administrative and professional offices, limited accessory retail, financial, service, and
entertainment uses
400
medical - related offices, short-term convalescent and long -term care services, professional
offices, retail and other similar uses.
700
regional commercial office and multi - family residential
800
regional commercial office and multi - family residential
900
multi - family housing, visitor serving land uses
Land uses outside of Newport Center include single - family and multi - family residences and a
golf course in Big Canyon located north of Block 500, Block 600, and San Joaquin Plaza and
across San Joaquin Hills Road. Single- family and multi - family residences and general
commercial land uses are located east of Newport Center across MacArthur Boulevard.
Parks /recreational land uses and single - family residences are located south of Newport Center,
across Coast Highway. Open space, single - family residences, visitor - serving commercial and
parks /recreational land uses are located west of Newport Center, across Jamboree Road.
The General Plan land use designation for Fashion Island is Regional Commercial (CR). Page
3 -13 of the 2006 General Plan states that the CR designation "...is intended to provide retail,
entertainment, service, and supporting uses that serve local and regional residents." The land
use designations for Block 500, Block 600, and San Joaquin Plaza are Mixed Use Horizontal 3
(MU -H3) and Open Space (OS). As identified in the 2006 General Plan, "The MU -H3
designation applies to properties located in Newport Center. It provides for the horizontal
intermixing of regional commercial office hotel, multi - family residential and ancillary commercial
uses.i16 Page 3 -16 of the 2006 General Plan states that the OS designation "...is intended to
provide areas for a range of public and private uses to protect, maintain, and enhance the
community's natural resources."
As a part of the proposed project, Block 600 would be rezoned from Administrative,
Professional, and Financial (APF) and Open Space (OS) to Planned Community (PC). The
North Newport Center PC Text would be adopted to incorporate Fashion Island, Block 600, and
portions of Block 500 and San Joaquin Plaza owned by the Applicant into a single Planned
Community District. The PC Text would reflect the land uses permitted for these sub -areas
under the 2006 General Plan.
The General Plan EIR states the following with respect to changes in land use for Newport
Center and Fashion Island under the General Plan Update:
The Plan allows for expanded retail opportunities at Fashion Island, including an
additional anchor department store and ancillary shops, another hotel or additions
to existing hotels, and 600 additional housing units [reduced to 450 in Final
1e City of Newport Beach, General Plan, July 25, 2006, page 3 -15.
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Program EIR]... Plan policies encourage improved pedestrian connections and
streetscape amenities connecting the area's diverse districts. 17
Areas where mixed use development is currently located (e.g., Balboa Peninsula,
Mariners' Mile and Newport Center /Fashion Island), would be allowed to develop
with more mixed use... In many locations, the addition of uses similar to existing
uses would occur. For instance, additional retail facilities would be permitted in
the Fashion Island /Newport Center Area... Where additional development that is
the same as or similar to existing development could occur, these uses would be
compatible. 18
As previously addressed, the four sub -areas are identified in the Airport Environs Land Use Plan
(AELUP) for the John Wayne Airport. The Airport Land Use Commission (ALUC) has found the
City of Newport Beach to be a consistent agency with the AELUP. However, the AELUP
requires that zone changes for consistent agencies be referred to the ALUC for a determination
prior to City action. Therefore, the zone change has been forwarded to the ALUC, and a hearing
is scheduled prior to public hearings before the City's Planning Commission and City Council.
As noted, the General Plan EIR does not identify land use incompatibilities for Newport Center,
inclusive of the four sub -areas of the Project. The Project is proposed to provide for zoning
consistent with the 2006 General Plan land use designations for the four sub - areas. The Project
is in conformance with the assumptions set forth in the General Plan EIR. Therefore,
implementation of the Project would not result in any new impacts or increase the severity of a
previously identified significant impact as previously analyzed in the General Plan EIR.
Physically Divides an Established Community
The General Plan EIR notes that the 2006 General Plan allows for "...limited infill development
in select subareas within the City... These types of proposed development would not divide
established communities. Impacts would be less than significant." (See 4.8 -16) With respect to
the Project, future development in the four sub -areas would not require the extension of
roadways or other development features through developed areas that could physically divide
the established community. The Project is in conformance with the assumptions set forth in the
General Plan EIR. Therefore, implementation of the Project would not result in any new impacts
or increase the severity of a previously identified significant impact as previously analyzed in the
General Plan EIR.
Conflict with Any Applicable Habitat Conservation Plan or Natural Community
Conservation Plan
As previously addressed, North Newport Center is identified as having no conservation value
and is not included in the NCCP or HCP.
Mitigation Program
Policies of the 2006 General Plan were adopted as a mitigation program that minimized impacts
associated with buildout of the City of Newport Beach, including the implementation of future
development in Fashion Island, Block 500, Block 600, and San Joaquin Plaza.
City of Newport Beach, Final Environmental Impact Report for the General Plan 2006 Update, July 26, 2006, page
3 -15.
8 ibid., page 4.8 -9.
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Level of Sianificance After Mitiaation
Consistent with the findings of the General Plan EIR, the General Plan EIR identifies that
impacts to land use impacts pertaining to the Project could be mitigated to a level considered
less than significant.
Findina of Consistencv With General Plan EIR
Pursuant to Section 15162 of the CEQA Guidelines, the City of Newport Beach has determined,
on the basis of substantial evidence in the light of the whole record, that the North Newport
Center Project does not propose substantial changes to the project; no substantial changes
would occur which would require major revisions to the General Plan EIR due to the
involvement of new significant environmental effects or a substantial increase in the severity of
previously identified significant effects; and no new information of substantial importance has
been revealed since the certification of the General Plan EIR.
3.10 NOISE
The following thresholds of significance are as set forth in the General Plan EIR. It states
"...implementation of the proposed project may have a significant adverse noise impact if it
would result in any of the following:
• Exposure of persons to or generation of noise levels in excess of standards
established in the local general plan or noise ordinance, or applicable standards
of other agencies
• Exposure of persons to or generation of excessive groundborne vibration or
groundborne noise levels
• A substantial permanent increase in ambient noise levels in the project vicinity
above levels existing without the project
A substantial temporary or periodic increase in ambient noise levels in the project
vicinity above levels existing without the project
• For a project within an airport land use plan, or where such a plan has not been
adopted, within two miles of a public airport or public use airport, exposure of
people residing or working in the project area to excessive noise levels'
No Substantial Change from Previous Analysis. Noise impacts have been previously
analyzed as part of the General Plan EIR, which was prepared and certified pursuant to State
and City CEQA Guidelines. Minor additions and /or clarifications are needed to make the
previous document adequate to cover the actions that are currently proposed, which are
documented below and serve as an Addendum to the General Plan EIR.
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Summary Analysis
Exposure of Persons to or Generation of Noise Levels In Excess Of Standards
Established In the Local General Plan or Noise Ordinance, or Applicable Standards of
Other Agencies
A Substantial Permanent Increase in Ambient Noise Levels in the Project Vicinity Above
Levels Existing Without The Project
The General Plan EIR identifies that locations throughout the City would experience changes in
noise levels as a result of increased motor vehicles and development. Where existing land uses
would be exposed to noise levels exceeding the City's noise standards as a result of future
growth, the General Plan EIR identifies this as a significant impact. (See 4.9 -22) Figure 4.9 -5 of
the General Plan EIR identifies that the four sub -areas would be located within 60 CNEL to 65
CNEL future noise contours. These noise contours do not account for any intervening structures
or other noise - attenuating features. Additionally, measures for noise attenuation where needed
to comply with the City's noise standards are available and include the use of walls, berms,
building insulation, double paned windows, etc.
Traffic - related noise in the project vicinity has the potential to impact the four sub - areas. The
General Plan EIR accounts for noise impacts due to new development under the General Plan
Update. The EIR states that new development, "...would result from adoption of the proposed
General Plan and regional growth would create noise that would affect new and existing
receptors. Most of this noise would be produced by increased traffic on local roads. Many of the
proposed General Plan policies, especially those associated with Goal N -2 (Transportation
Noise) would reduce this impact. "79 The Project is in conformance with the assumptions set forth
in the General Plan EIR. Therefore, implementation of the Project would not result in any new
impacts or increase the severity of a previously identified significant impact as previously
analyzed in the General Plan EIR.
Exposure of Persons to or Generation of Excessive Groundborne Vibration or
Groundborne Noise Levels
The General Plan EIR notes that vibration levels during construction that would exceed 72
vibration decibels (VdB) are considered significant. Such an impact would be specific to a
construction site and would be dependent on the types of construction equipment in use and
proximity to sensitive receptors and uses. Where construction activities that generate high levels
of vibration could not be buffered from sensitive receptors and /or uses by approximately 150
feet, the General Plan EIR identifies that a significant impact would occur. With respect to the
four sub - areas, there is a potential for such construction activities to occur under these
conditions. As such, consistent with the findings of the General Plan EIR, such an impact would
be significant. The Project is in conformance with the assumptions set forth in the General Plan
EIR. Therefore, implementation of the Project would not result in any new impacts or increase
the seventy of a previously identified significant impact as previously analyzed in the General
Plan EIR.
A Substantial Temporary or Periodic Increase in Ambient Noise Levels in the Project
Vicinity above Levels Existing Without the Project
Potential noise impacts are commonly divided into two groups: temporary and long term.
Temporary impacts are usually associated with noise generated by construction activities.
9 City of Newport Beach, Final Environmental Impact Report for the General Plan 2006 Update (State Clearinghouse
No. 2006011119), July 26, 2006, page 4.9 -42.
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Generally, construction noise represents a short -term impact on ambient noise levels. Noise
generated by construction equipment (including trucks, graders, bulldozers, concrete mixers,
and portable generators) and construction activities can reach high levels. The greatest
construction noise levels are typically generated by heavy construction equipment.
The City's Noise Ordinance exempts construction activities from the noise level limits during
specific hours of the day. Noise - generating construction activities are permitted during the hours
between 7:00 AM and 6:30 PM Monday through Friday, between 8:00 AM to 6:00 PM on
Saturdays, and at no time on Sundays or federal holidays. Compliance with the City's Noise
Ordinance is considered to result in no significant short -term noise impacts.
For A Project Within An Airport Land Use Plan, Or Where Such A Plan Has Not Been
Adopted, Within Two Miles Of A Public Airport Or Public Use Airport, Exposure Of People
Residing Or Working In The Project Area To Excessive Noise Levels
As previously noted, Newport Center, inclusive of the four sub - areas, is located within the
Airport Environs Land Use Plan ( AELUP) for John Wayne Airport. However, the site is not within
the either the AELUP 60 or 65 CNEL Noise Contour, and flight operations would not contribute
significantly to the overall existing noise exposure on the site. No significant impacts on persons
residing or working in the project area are anticipated as a result of project implementation
because land use within the planning area boundaries of the AELUP must conform to noise
standards, safety, and height restriction standards. The Project is in conformance with the
assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would
not result in any new impacts or increase the severity of a previously identified significant impact
as previously analyzed in the General Plan EIR.
Mitigation Program
Policies of the 2006 General Plan were adopted as a mitigation program that minimized impacts
associated with buildout of the City of Newport Beach, including the implementation of future
development in Fashion Island, Block 500, Block 600, and San Joaquin Plaza.
Level of Significance After Mitigation
Consistent with the findings of the General Plan EIR, the General Plan EIR identifies that
impacts to noise impacts related to John Wayne Airport and construction activities could be
mitigated to a level considered less than significant. Groundborne construction vibrations and
long -term exposure to increased noise levels were identified to remain significant and
unavoidable.
Finding of Consistencv With General Plan EIR
Pursuant to Section 15162 of the CEQA Guidelines, the City of Newport Beach has determined,
on the basis of substantial evidence in the light of the whole record, that the North Newport
Center Project does not propose substantial changes to the project; no substantial changes
would occur which would require major revisions to the General Plan EIR due to the
involvement of new significant environmental effects or a substantial increase in the severity of
previously identified significant effects; and no new information of substantial importance has
been revealed since the certification of the General Plan EIR.
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3.11 POPULATION AND HOUSING
The following thresholds of significance are as set forth in the General Plan EIR. It states
"...implementation of the proposed project may have a significant adverse impact on population
and housing if it would result in any of the following:
• Induce substantial population growth in an area, either directly (for example, by
proposing new homes and businesses) or indirectly (for example, through the
extension of roads or other infrastructure)
Displace substantial numbers of existing housing, necessitating the construction
of replacement housing elsewhere
• Displace substantial numbers of people, necessitating the construction of
replacement housing elsewhere"
No Substantial Change from Previous Analysis. Population and housing impacts have been
previously analyzed as part of the General Plan EIR, which was prepared and certified pursuant
to State and City CEQA Guidelines. Minor additions and /or clarifications are needed to make
the previous document adequate to cover the actions that are currently proposed, which are
documented below and serve as an Addendum to the General Plan EIR.
Summary Analvsis
Induce Substantial Population Growth in
Proposing New Homes and Businesses)
Extension of Roads or Other Infrastructure)
an Area, Either Directly (For Example, By
or Indirectly (For Example, Through the
The General Plan EIR finds that implementation of the 2006 General Plan would induce
substantial growth either directly or indirectly. On a citywide basis, residential development
would increase the number of units by 9,549 units (24 percent) over 2002 residential unit counts
with a related population increase of 20,912 residents. These increases would exceed the
Southern California Association of Governments (SCAG) projections. On a citywide basis, the
City's projected population growth was considered significant. On a cumulative basis
(countywide), the General Plan EIR noted that "...the proposed project would not result in
substantial population growth beyond projections, and would not induce substantial population
growth in an area, either directly or indirectly." (See pages 4.10 -5 and -6) Buildout of the 2006
General Plan was found to have a less than significant cumulative contribution to growth in the
County. (See pages 4.10 -6 and -7)
The General Plan EIR analysis was based on a project with 600 units in Newport Center. The
adopted 2006 General Plan allows for the development of 450 residential units within the MU-
H3 designation .20 Of the 450 units, 430 units are proposed for the North Newport PC District.
Residential uses are permitted in Block 500, Block 600, and San Joaquin Plaza. The Project
does not include a request for site - specific development, including any residential development.
As such, the Project is in conformance with the assumptions set forth in the General Plan EIR.
Therefore, implementation of the Project would not result in any new impacts or increase the
severity of a previously identified significant impact as previously analyzed in the General Plan
EIR.
20 City of Newport Beach, General Plan, July 25, 2006, page 3 -97.
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Displace Substantial Numbers of Existing Housing, Necessitating the Construction of
Replacement Housing Elsewhere
Displace Substantial Numbers of People, Necessitating the Construction of Replacement
Housing Elsewhere
The General Plan EIR states that the 2006 General Plan would not displace a substantial
number of existing homes or residents and that no impact would occur. Development on the
four sub -areas would not require the displacement of any existing homes or residents. The
Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore,
implementation of the Project would not result in any new impacts or increase the severity of a
previously identified significant impact as previously analyzed in the General Plan EIR.
Mitigation Program
No policies were identified in the 2006 General Plan to reduce the substantial increase in growth
in the City. Measures were adopted as a mitigation program that minimized impacts associated
with resource impacts with buildout of the City of Newport Beach, including the implementation
of future development in Fashion Island, Block 500, Block 600, and San Joaquin Plaza.
Level of Significance After Mitigation
Consistent with the findings of the General Plan EIR, the General Plan EIR identifies that
impacts to population and housing would remain significant and unavoidable.
Finding of Consistencv With General Plan EIR
Pursuant to Section 15162 of the CEQA Guidelines, the City of Newport Beach has determined,
on the basis of substantial evidence in the light of the whole record, that the North Newport
Center Project does not propose substantial changes to the project; no substantial changes
would occur which would require major revisions to the General Plan EIR due to the
involvement of new significant environmental effects or a substantial increase in the severity of
previously identified significant effects; and no new information of substantial importance has
been revealed since the certification of the General Plan EIR.
3.12 PUBLIC SERVICES
The following thresholds of significance are as set forth in the General Plan EIR. It identifies that
implementation of the proposed General Plan Update may have a significant adverse impact on
public services if it would result in any of the following:
Result in substantial adverse environmental impacts associated with the
provision of new or physically altered fire or police protection facilities, or schools
or libraries; the need for new or physically altered fire or police protection
facilities, or schools or libraries; the construction of which could cause significant
environmental impacts, in order to maintain acceptable service ratios, response
times, and other performance objectives
No Substantial Change from Previous Analysis. Public service impacts have been previously
analyzed as part of the General Plan EIR, which was prepared and certified pursuant to State
and City CEQA Guidelines. Minor additions and /or clarifications are needed to make the
previous document adequate to cover the actions that are currently proposed, which are
documented below and serve as an Addendum to the General Plan EIR.
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Summary Analvsis
Result in Substantial Adverse Environmental Impacts Associated with the Provision of
New or Physically Altered Fire or Police Protection Facilities, or Schools or Libraries; the
Need For New or Physically Altered Fire or Police Protection Facilities, or Schools or
Libraries; The Construction of Which Could Cause Significant Environmental Impacts, in
Order to Maintain Acceptable Service Ratios, Response Times, And Other Performance
Objectives
Fire Protection
Fire stations are located throughout the City to provide prompt assistance to area residents.
Each fire station operates within a specific district that comprises the immediate geographical
area around the station. As identified on page 4.11 -3 of the General Plan EIR, Station 3 serves
Newport Center. Station 3 has the following equipment and manpower: one Fire Chief; one fire
engine with one Captain, one Engineer, and one Firefighter; one ladder truck with one Captain,
one Engineer, and one Firefighter; and one paramedic van with two Firefighter Paramedics. The
General Plan EIR states that in 2004, "eight fire stations serving the City of Newport Beach
responded to a total of 8,863 incidents, which results in an average of about 1,107 incidents per
station... These numbers are well within the number of calls recommended by the Insurance
Service Office (ISO) when rating a community for fire insurance rates. Specifically, the ISO
recommends that a second company be put in service in a fire station if that station receives
more than 2,500 calls per year."
The General Plan EIR identifies that implementation of the 2006 General Plan could increase
the demand for fire protection services which could result in the need for additional fire facilities.
Policies of the General Plan require that adequate infrastructure be provided with new
development. As such, the General Plan EIR found that compliance with applicable regulations
and policies of the 2006 General Plan would ensure that project - specific and cumulative impacts
would be less than significant. All new development that would occur under the 2006 General
Plan would be required to comply with all applicable federal, State, and local regulations
governing the provision of fire protection services, including adequate fire access, fire flows, and
number of hydrants. The Project is in conformance with the assumptions set forth in the General
Plan EIR. Therefore, implementation of the Project would not result in any new impacts or
increase the severity of a previously identified significant impact as previously analyzed in the
General Plan EIR.
Police Protection
The General Plan EIR identifies that implementation of the 2006 General Plan could increase
the demand for police protection services which could result in the need for additional police
facilities. The General Plan EIR states that, "The NBPD provides local police services to the City
of Newport Beach. Centrally located at 870 Santa Barbara Drive, the NBPD provides services in
crime prevention and investigation, community awareness programs, and other services such
as traffic control ."21 The EIR also states that the City of Newport Beach currently maintains an
acceptable level of service and there are currently no immediate or near - future plans for
expansion of police facilities, staff, or equipment inventory. Impacts to police services as a result
of General Plan build -out would be less than significant because the "General Plan Update
contains policies to ensure that adequate law enforcement is provided as the City experiences
future development. For example, Policy LU 2.8 ensures that only land uses that can be
adequately supported by the City's Public Services should be accommodated. Compliance with
21 City of Newport Beach, Final Environmental Impact Report for the General Plan 2006 Update, July 26, 2006, page
4.11 -13.
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Addendum to ON of Newport Beach General Plan 2006 Update EIR
this policy would ensure that adequate service ratios are maintained .,,22 Therefore, adequate
service ratios are currently being provided and would be maintained as a result of General Plan
policies. As such, the General Plan EIR found that compliance with applicable regulations and
policies of the 2006 General Plan would ensure that project- specific and cumulative impacts
would be less than significant. The Project is in conformance with the assumptions set forth in
the General Plan EIR. Therefore, implementation of the Project would not result in any new
impacts or increase the severity of a previously identified significant impact as previously
analyzed in the General Plan EIR.
Schools
The Newport -Mesa Unified School District (NMUSD) provides educational services to the City of
Newport Beach. The General Plan EIR identifies that the School District serves the majority of
the City and has 32 public schools including 22 elementary schools, 2 junior high schools, 5
high schools, 2 alternative education centers, and 1 adult school. There are also several private
schools in the City or local area that are available to the City's residents for educational
services. According to NMUSD administrators, current school capacity is adequate. NMUSD
does not currently identify any projected needs.
The General Plan EIR states:
In the City, implementation of the proposed General Plan Update would result in
the construction of approximately 14,215 dwelling units over existing conditions
within the City. The increase in dwelling units would increase enrollment in the
local schools serving Newport Beach. Using California Department of Finance
population projections, and assuming that approximately 20 percent of the
potential increase in population would represent children attending grades K
through 12, implementation of the proposed General Plan Update would result in
an enrollment increase of approximately 6,230 students (3,115 elementary
school students, 1,557 students for middle schools, and 1,558 high school
students ).21
The General Plan EIR identifies that implementation of the 2006 General Plan would likely result
in the construction of new school facilities for NMUSD; these impacts would be less than
significant on a project and cumulative basis.24 The Project is in conformance with the
assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would
not result in any new impacts or increase the severity of a previously identified significant impact
as previously analyzed in the General Plan EIR.
Library Facilities
The Newport Beach Public Library provides library services and resources to the City of
Newport Beach. The Central Library, which occupies four acres on Avocado Avenue near
Newport Center, is a 15,305 square foot building that serves as a school library as well as a
public library. As stated in the General Plan EIR,
Upon full build -out of the proposed General Plan Update, the population in the
Planning Area would increase by 31,131. This increase in residents would
increase the demand for library services and facilities. Policy LU 2.8 of the
proposed General Plan Update would help ensure that adequate library facilities
22 ibid., page 4.11 -16.
23 ibid., page 4.11 -23.
24 ibid., page 4.11 -24.
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Addendum to CiN of Newport Beach General Plan 2006 Update EIR
are provided to the City's residents and that public services can adequately
support new development... Due to the growing need for electronic resources,
former service standards (e.g., a certain number of volumes per thousand
residents) are no longer appropriate when assessing the needs of the NBPL.
Therefore, increased development in the City does not necessarily immediately
equate to an increase in total volumes or square feet of library space .25
The General Plan EIR identifies that the increase in population associated with the 2006
General Plan, inclusive of uses in Fashion Island, Block 500, Block 600, and San Joaquin
Plaza, would not result in a significant impact to library services. The Project is in conformance
with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project
would not result in any new impacts or increase the severity of a previously identified significant
impact as previously analyzed in the General Plan EIR.
Mitigation Program
Policies of the 2006 General Plan were adopted as a mitigation program that minimized impacts
associated with buildout of the City of Newport Beach, including the implementation of future
development in Fashion Island, Block 500, Block 600, and San Joaquin Plaza.
Level of Significance After Mitigation
Consistent with the findings of the General Plan EIR, the General Plan EIR identifies that
impacts to public services would be less than significant.
Finding of Consistency With General Plan EIR
Pursuant to Section 15162 of the CEQA Guidelines, the City of Newport Beach has determined,
on the basis of substantial evidence in the light of the whole record, that the North Newport
Center Project does not propose substantial changes to the project; no substantial changes
would occur which would require major revisions to the General Plan EIR due to the
involvement of new significant environmental effects or a substantial increase in the severity of
previously identified significant effects; and no new information of substantial importance has
been revealed since the certification of the General Plan EIR.
3.13 RECREATION AND OPEN SPACE
The following thresholds of significance are as set forth in the General Plan EIR. It states that "...
implementation of the proposed project may have a significant adverse impact on parks and
recreational facilities if it would result in any of the following:
Increase the use of existing neighborhood and regional parks or other
recreational facilities such that substantial physical deterioration of the facility
would occur or be accelerated
• Include recreational facilities or require the construction or expansion of
recreational facilities that might have an adverse physical effect on the
environment
• Result in substantial adverse physical impacts associated with the provision of
new or physically altered government services, need for new or physically altered
government facilities, the construction of which could cause significant
25 Ibid., page 4.11 -28.
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Addendum to Citv of Newoort Beach General Plan 2006 Update EIR
environmental impacts, in order to maintain acceptable service ratios or other
performance objectives for parks
No Substantial Change from Previous Analysis. Park and recreational facility impacts have
been previously analyzed as part of the General Plan EIR, which was prepared and certified
pursuant to State and City CEQA Guidelines. Minor additions and /or clarifications are needed to
make the previous document adequate to cover the actions that are currently proposed, which
are documented below and serve as an Addendum to the General Plan EIR.
Summary Analysis
Increase the Use of Existing Neighborhood and Regional Parks or Other Recreational
Facilities Such That Substantial Physical Deterioration of the Facility Would Occur or Be
Accelerated
Include Recreational Facilities or Require the Construction or Expansion of Recreational
Facilities That Might Have an Adverse Physical Effect on the Environment
Result in Substantial Adverse Physical Impacts Associated With the Provision of New or
Physically Altered Government Services, Need for New or Physically Altered Government
Facilities, the Construction of Which Could Cause Significant Environmental Impacts, in
Order to Maintain Acceptable Service Ratios or Other Performance Objectives for Parks
The General Plan EIR identifies that the City has a deficiency of approximately 38.8 acres of
park acreage, with 7 of 12 service areas experiencing a deficit of recreational acreage. Newport
Center is in Service Area 9 and has 19 acres of existing parks, an excess of 8.1 acres of parks
over the City standard of 5 acres per 1,000 persons. Page 4.12 -3 of the General Plan EIR
identifies that a planned park in Newport Center "would help alleviate the citywide park deficit'
although Newport Center has a park surplus. The Back Bay View Park was completed in 2005,
and a new passive park, Newport Center Park, is planned for development. The General Plan
EIR states that "the construction and enhancement of park and recreational facilities and
implementation of the goals and policies proposed in the General Plan would ensure that
increased demand and use resulting from an increase in citywide population would not
significantly accelerate the deterioration of existing recreational facilities. "26
The General Plan EIR notes the open space benefits that the Applicant has provided through
the Circulation and Improvement and Open Space Agreement ( CIOSA). Page 4.12 -4 states:
Some of the City's parks and open space areas consist of dedicated lands
through the Circulation and Improvement and Open Space Agreement ( CIOSA).
This agreement is between the City of Newport Beach and The Irvine Company,
and has allowed building entitlements for The Irvine Company in exchange for
payments for circulation projects, an interest free loan, and land for open space
and potential senior housing sites for the City. The amount of open space land
dedication was substantially more than what would have been required under the
City's Park Dedication Ordinance.
Six sites have been dedicated under CIOSA in Newport Beach, and include:
Back Bay View Park, Newport Center Park (formerly Newport Village), Newporter
Knoll, Freeway Reservation, Upper Castaways, and Harbor Cove. Another site,
located at Jamboree Road and MacArthur Boulevard, has been offered for
2e Ibid., page 4.12 -15.
F9USEMPLMShare0%PA's%PAs 200nPA2007 151QD07 12 11 CC12007 11 29 Draft Addeneum.d. 3-32 Envlr
Addendum to City of Newport Beach General Plan 2006 Update EIR
dedication and will be dedicated upon issuance of a Certificate of Occupancy for
final CIOSA project.
The Applicant did not implement all of the development that was allowed pursuant to CIOSA,
and provided more park and open space dedication than required for the development that was
completed. Through the Development Agreement, the Project includes cancellation of CIOSA.
The demand for park facilities that would have resulted from unbuilt entitlement in CIOSA would
not be realized.
As with new development projects throughout the City, future development in the four sub -areas
would be required to comply with the 2006 General Plan Update policies on open space.
Through the Development Agreement, the Project includes the payment of park in -lieu fees for
430 residential units, with half the total amount ($5,600,000) to be paid earlier than required.
The General Plan EIR finds that compliance with General Plan Update would result in less than
significant impacts to parks and recreational facilities. These policies include the requirement
that future development dedicate land or pay in -lieu fees at a minimum of 5 acres of parkland
per 1,000 persons, and require the use of funding from the City's Park Dedication Fee
Ordinance to enhance existing parks and recreation facilities (General Plan Update Policies
R1.1 and R2.1).27 General Plan Policy R 1.10 includes three planned parks in West Newport,
Newport Center, and Newport Coast. The Project is in conformance with the assumptions set
forth in the General Plan EIR. Therefore, implementation of the Project would not result in any
new impacts or increase the severity of a previously identified significant impact as previously
analyzed in the General Plan EIR.
Mitigation Program
Policies of the 2006 General Plan were adopted as a mitigation program that minimized impacts
associated with buildout of the City of Newport Beach, including the implementation of future
development in Fashion Island, Block 500, Block 600, and San Joaquin Plaza.
Level of Significance After Mitigation
Consistent with the findings of the General Plan EIR, the General Plan EIR identifies that
impacts to parks and recreation facilities would be less than significant.
Finding of Consistencv With General Plan EIR
Pursuant to Section 15162 of the CEQA Guidelines, the City of Newport Beach has determined,
on the basis of substantial evidence in the light of the whole record, that the North Newport
Center Project does not propose substantial changes to the project; no substantial changes
would occur which would require major revisions to the General Plan EIR due to the
involvement of new significant environmental effect - -- or a substantial increase in the severity of
previously identified significant effects; and no new information of substantial importance has
been revealed since the certification of the General Plan EIR.
3.14 TRANSPORTATIONITRAFFIC
The following thresholds of significance are as set forth in the General Plan EIR. It states that'...
implementation of the proposed project may have a significant adverse impact on transportation
or circulation if it would result in any of the following:
v ]bid., page 4.12 -17.
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Addendum to Citv of Newport Beach General Plan 2006 Update EIR
• Cause an increase in traffic which is substantial in relation to the existing traffic
load and capacity of the street system (i.e., result in a substantial increase in
either the number of vehicle trips, the volume to capacity ratio on roads, or
congestion at intersections)
• Exceed, either individually or cumulatively, a level of service standard
established by the county congestion management agency for designated roads
or highways
• Result in a change in air traffic patterns, including either an increase in traffic
levels or a change in locations that results in substantial safety risks
• Substantially increase hazards due to a design feature (e.g., sharp curves or
dangerous intersections) or incompatible uses (e.g., farm equipment)
• Result in inadequate emergency access
• Result in inadequate parking capacity
• Conflict with adopted policies, plans, or programs supporting alternative
transportation (e.g., bus turnouts, bicycle racks)"
No Substantial Change from Previous Analysis. Transportation impacts have been
previously analyzed as part of the General Plan EIR, which was prepared and certified pursuant
to State and City CEQA Guidelines. Minor additions and /or clarifications are needed to make
the previous document adequate to cover the actions that are currently proposed, which are
documented below and serve as an Addendum to the General Plan EIR.
Summary Analvsis
Cause an Increase in Traffic Which is Substantial in Relation to the Existing Traffic Load
and Capacity of The Street System (i.e., Result In A Substantial Increase in Either the
Number of Vehicle Trips, the Volume to Capacity Ratio on Roads, or Congestion at
Intersections)
The General Plan EIR identifies that implementation of the 2006 General Plan could result in a
substantial increase in the number of vehicle trips, volume to capacity on roadways, and
congestion at intersections when compared to existing conditions in the City. Deficiencies could
also occur at freeway segments and ramps. Volume 1A of the General Plan Final EIR identifies
that the traffic study accounts for use of currently unused development entitlements. On page
4.13 -1 of the General Plan EIR, the traffic analysis assumes buildout of the City, inclusive of
Fashion Island, Block 500, Block 600, and San Joaquin Plaza, consistent with the 2006 General
Plan.
However, improvements are identified in the General Plan Circulation Element to mitigate
citywide impacts to a level that is considered less than significant. However, the City's roadway
system must also accommodate regional cumulative vehicular traffic. With improvements
identified in the Circulation Element, cumulative impacts to intersection operations can be
mitigated to a less than significant level. However, the City's contribution to cumulative impacts
associated with freeway segments and ramps would remain significant and unavoidable.
The Project is not expected to be completed within 60 months of approval, and it includes a
circulation improvement plan, explained in detail in the Development Agreement. The Project
therefore qualifies as a Phased Land Use Development and Circulation Improvement Plan
F:kUSERS%P MSnare&PA's1PAs- 200nPA2007- 15112007 -12 -11 CC 12007 -11 -29 Draft Adden&m.doc 3 -34 EnVb
Addendum to Citv of Newport Beach General Plan 2006 Update E!R
under the City's Traffic Phasing Ordinance, Municipal Code §15.40.030.B.2. A traffic study has
been prepared pursuant to the Traffic Phasing Ordinance, and "feasible mitigation" (consistent
with the 2006 General Plan Circulation Element) is part of the Project.
The following provides a summary of the North Newport Center Traffic Phasing Ordinance
Study prepared by Austin -Foust Associates, Inc. in November 2007. The study is included in its
entirety as Appendix A. The Traffic Phasing Ordinance (TPO) traffic study included the analysis
of 40 intersections in the City including 5 intersections on Newport Center Drive using the City's
required TPO procedure. This procedure includes both a one percent test and, where
necessary, an intersection capacity utilization (ICU) analysis.
Consistent with the City's TPO analysis guidelines, the Project is analyzed under short-range
conditions (existing volumes plus a regional growth factor and approved projects) without and
with cumulative projects (i.e., projects reasonably expected to be complete within one year after
project completion which are located within the City of Newport Beach or its Sphere of
Influence).
Trip Generation Distribution and Analysis. The applicable trip rates and incremental trip
generation for the Project is presented in Table 2. The increase in traffic includes a credit for the
removal of existing uses. The Project is forecast to generate a net increase over existing of 348
trips in the AM peak hour, 311 trips in the PM peak hour, and 2,399 daily trips.
TABLE 2
TRIP GENERATION SUMMARY
Land Use
Amount
AM Peak Hour
PM Peak Hour
ADT
In
Out
I Total
In
Out
Total
TRIP RATES (ITE)
Residential
DU
0.06
0.28
0.24
0.14
0.38
4.18
Quali ty Restaurant
TSF
0.66
0.15
5.02
2.47
7.49
89.95
Shopping Center
TSF
0.19
0.12
MO,34
0.77
0.84
1.61
16.79
Office (Regression Eq)a
TSF
0.95
0.13
0.19
0.93
1.12
7.07
Health Club
TSF
0.51
0.70
2.07
1.98
4.05
32.93
TRIP GENERATION
Existing Uses to be Removed
Block 600
Quality Restaurant
16.4 TSF
11
2
13
83
41
123
1,479
Office
8.3 TSF
8
1
9
2
8
10
59
Health Club
17.3 TSF
9
12
21
36
34
70
570
Total Credit
-28
15
-43
-121
-83
-203
-2,108
Proposed Uses
Block 500
Office
205.2 TSF 195
27
222
39
191
230
1,451
Block 600
Residential
430 DU
26
120
146
103
60
163
1,797
Fashion Island
Shopping Center
75.0 TSF
14
9
23
58
63
121
1,259
Total Proposed Trips
235
156
391
200
314
514
4,507
NET INCREASE
2D7
141
348
79
231
311
2,399
Tnp rates per TSF determined from applying the ITE office regression equations to the existing (408 TSF) and proposed future
(614 TSF) office use, and calculating the rates based on the square footage increment (206 TSF).
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Addendum to City of Newport Beach General Plan 2006 Update E!R
Source: Austin -Foust Associates, Inc. 2007
For trip distribution, an internal capture rate of 10 percent was used for residential and retail
uses. This rate was determined based on ITE's recommended procedure and is consistent with
the City's General Plan EIR traffic study, which used a 10 percent capture rate for mixed use
areas. For the office space, a five percent internal capture rate was used.
A separate trip assignment was prepared for each of the three separate uses (retaiVshopping
center, residential, and office) in the Project. These assignments, shown by individual uses in
Figures A -1 through A -3 in Appendix A, are as follows:
1. North on MacArthur Boulevard
20 -40 percent
2. North on Jamboree Road
15 -30 percent
3. West on Coast Highway
15 -30 percent
4. East on Coast Highway
10 percent
One Percent Analysis. The results of the TPO One Percent Analysis are presented in Table 3.
This analysis identifies the intersections where the Project adds one percent or more to the
background peak hour volume, in which case a more vigorous capacity analysis is performed.
Opening year for the Project is assumed to be 2009; therefore, the project year for this analysis
is 2010. Table 3 identifies that 39 traffic study area intersections have increases of one percent
or greater of existing -plus- approved or existing -plus- approved - plus - cumulative volumes during
the AM or PM peak hour. As a result, further analysis is required and a peak hour ICU analysis
was conducted for the 39 locations.
TABLE 3
ONE PERCENT ANALYSIS
Intersection
AM Peak Hour
Project Volumes
Less Than I% of Peak Hour
Volumes
NB
SB
EB
WB
w/o Cumulative
w /Cumulative
1. MacArthur & Campus
8
20
0
0
No
No
2. MacArthur & Birch
8
20
20
0
No
No
3. MacArthur & Von Karman
8
20
0
0
No
No
4. Jamboree & Campus
8
20
0
0
Yes
Yes
5. Jamboree & Birch
8
20
0
0
Yes
Yes
6. MacArthur & Jamboree
8
20
8
20
No
No
7. Bayview & Bristol South (EB)
0
0
32
0
No
No
8. Jamboree & Bristol North (WB)
29
20
0
0
No
No
9. Jamboree & Bristol South (EB)
26
20
31
0
No
No
10. Jamboree & Bayview
30
52
0
1 0
No
No
11. Jamboree & Eastbluff /University
35
52
0
0
No
No
12. Jamboree & Bison
42
53
0
1
No
No
13. Jamboree & Eastbluff /Ford
42
54
0
0
No
No
14. Jamboree & San Joaquin Hills
0
54
0
42
No
No
15. Jamboree & Santa Barbara
1
0
0
17
No
No
16. Jamboree & Coast Highway
0
17
30
15
No
No
17. MacArthur & Bison
33
61
6
21
No
No
18. MacArthur & Ford /Bonita Canyon
39
80
0
0
No
No
19. MacArthur & San Joaquin Hills
0
82
40
0
No
No
F.IUSERS%PAN%Sh6rM%PA's1PAs - 20071PA2007- 15112007 -12 -11 CQ2007 -11 -29 Draft Addend=.dm 3 -36 Envir
Addendum to City of Newport Beach General Plan 2006 Update EIR
TABLE 3 (Continued)
ONE PERCENT ANALYSIS
Intersection
AM Peak Hour
Project Volumes
Less Than 1% of Peak Hour
Volumes
HB.
SB
EB
WE
w/o Cumulative
wicumulative
20. MacArthur & San Miguel
1
0
11
7
No
No
21. MacArthur & Coast Highway
0
11
2
19
No
No
22. Santa Cruz & San Joaquin Hills
35
0
54
7
No
No
23. Santa Rosa & San Joaquin Hills
36
0
49
4
No
No
24. San Miguel & San Joaquin Hills
0
9
0
0
No
No
25. Avocado & San Miguel
49
8
10
9
No
No
26. Balboa /Superior & Coast Highway
0
0
11
18
No
No
27. Newport & Coast Highway
0
10
11
18
No
No
28. Riverside & Coast Highway
0
0
22
26
No
No
29. Tustin & Coast Highway
0
0
22
26
No
No
30. Dover /Bayshore & Coast Highway
0
9
22
32
No
No
31. Bayside & Coast Highway
0
0
31
32
No
No
32. Newport Center & Coast Highway
0
9
29
1
No
No
33. Avocado & Coast Highway
0
7
28
18
No
No
34. Goldenrod & Coast Highway
0
0
14
19
No
No
35. Marguerite & Coast Highway
0
0
14
19
No
No
36. Newport Center & Santa Barbara
0
0
2
1
No
No
37. Santa Cruz & Newport Center
1
2
0
0
No
No
38. Newport Center & Santa Rosa
6
30
0
0
No
No
39. Newport Center & San Miguel
3
17
2
0
No
No
40. Fashion Island & Newport Center
{ 0
1
0
10
No
No
Intersection
1. MacArthur & Campus
2. MacArthur & Birch
PM Peak Hour
Project Volumes
Less Then 1%of
Peak How Volumes
NB
s6
ES
W_ B_
w/o Cumulative
No
No
w /Cumulative
No
21
6
0
0
0
0
21
6
No
3. MacArthur & Von Karman
21
6
0
0
No
No
4. Jamboree & Campus
21
6
0
0
Yes
Yes
5. Jamboree & Birch
21
6
0
0
No
No
6. MacArthur & Jamboree
21
6
21
6
No
No
7. Bayview & Bristol South (EB)
0
0
18
0
Yes
Yes
8. Jamboree & Bristol North (WB)
58
6
0
0
No
No
9. Jamboree & Bristol South (EB)
28
1 6
15
0
No
I No
10. Jamboree & Bayview
57
25
0
0 1 No
No
11. Jamboree & Eastbluff /University
59
25
0
2
No
No
12. Jamboree & Bison
62
27
0
5
No
No
13. Jamboree & Eastbluff /Ford
62
32
0
0
No
No
14. Jamboree & San Joaquin Hills
0
32
0
62
No
No
15. Jamboree & Santa Barbara
6
0
0
5
Yes
Yes
16. Jamboree & Coast Highway
0
5
13
31
No
No
17. MacArthur & Bison
84
21
3
11
No
No
18. MacArthur & Ford /Bonita Canyon
86
28
0
2
No
No
19. MacArthur & San Joaquin Hills
0
30
87
0
No
No
20. MacArthur & San Miguel
4
0
9
0
Yes
Yes
F IUSER51PW1Snare TNsTM- 200]PA2007 - 1511200712 -11 CC12007-11 -29 Draft AWendum.doc 3 -37 EOVh
Addendum to City of Newport Beach General Plan 2006 Update EIR
TABLE 3 (Continued)
ONE PERCENT ANALYSIS
Intersection.
AM Peak Hour
Project Volumes
Less Than 1 % of Peak Hour
Volumes
NB
SB
EB
WB
wto Cumulative
wlCumulative
21. MacArthur & Coast Highway
0
3
15
2
Yes
Yes
22. Santa Cruz & San Joaquin Hills
14
0
32
48
No
No
23. Santa Rosa & San Joaquin Hills
59
0
10
14
No
No
24. San Miguel & San Joaquin Hills
6
0
0
0
Yes
Yes
25. Avocado & San Miguel
10
58
1
0
1 No
No
26. BalboafSuperior & Coast Highway
0
0
8
15
Yes
Yes
27. Newport & Coast Highway
0
1 4
8
15
Yes
Yes
28. Riverside & Coast Highway
0
0
13
27
Yes
Yes
29. Tustin & Coast Highway
0
0
13
27
No
Yes
30. DoverBayshore & Coast Highway
0
1
13
37
No
Yes
31. Bayside & Coast Highway
0
0
13
37
No
No
32. Newport Center & Coast Highway
0
0
7
17
Yes
Yes
33. Avocado & Coast Highway
0
48
2
0
No
No
34. Goldenrod & Coast Highway
0
0
18
2
Yes
Yes
35. Marguerite & Coast Highway
0
0
18
2
No
Yes
36. Newport Center & Santa Barbara
0
0
9
9
No
No
37. Santa Cruz & Newport Center
9
9
0
0
No
No
38. Newport Center & Santa Rosa
26
15
0
0
No
No
39. Newport Center & San Miguel
10
0
16
0
No
No
40. Fashion Island & Newport Center
1
9
0
0
No
No
Source: Austin -Foust Associates, Inc., 2007
ICU Analysis. The results of the ICU analysis are presented in Table 4. A significant project
impact is defined as an increase of 0.01 or more in the ICU value at an intersection that reaches
LOS E or F. Examination of the results shows that the Project would result in a significant
impact at three locations under existing -plus- approved - plus - cumulative conditions. These three
locations with their respective with - project ICU values are:
Intersection
AM
Project
Increment
PM
Project
Increment
19. MacArthur Boulevard and San Joaquin Hills Road
0.73
0.040
0.93
0.027
34. Goldenrod Avenue and Coast Highway
0.91
0.006
0.85
0.005
34. Marguerite Avenue and Coast Highway
0.98
0.006
0.92
0.006
In summary, the Project would cause three traffic study area locations to exceed the TPO
standard of LOS D. The Project is in conformance with the assumptions set forth in the General
Plan EIR. Therefore, implementation of the Project would not result in any new impacts or
increase the severity of a previously identified significant impact as previously analyzed in the
General Plan EIR.
The Project would also allow for the transfer of some existing and entitled uses in Block 600 and
replace it with office uses in Block 500. As part of the proposed transfer of uses, the Applicant
and the City wish to reserve 72,000 sf of the office use for a possible new City Hall in Block 500.
P' WSERSIPLMSnared \PASIPAS- 20071PA2007- 1592007 -12 -11 CW007 -11 -29 Craft Addendum.doc 3 -38 Envir
Addendum to City of Newport Beach General Plan 2006 Update E/R
The transfer of development rights within Newport Center is allowed in accordance with the City
of Newport Beach General Plan Policy LU 6.14.3 provided the transfer will not result in any
adverse traffic impacts. A Trip Transfer Study was prepared by Austin -Foust Associates, Inc. in
November 2007 to examine the conversion and transfer of the entitled uses into equivalent
office uses on the basis of a PM peak hour trip generation equivalency basis. The study is
summarized below and included in Appendix A.
The transfer would allow for existing uses including a health club, restaurant, and office as well
as remaining, but as yet unused entitlement for hotel uses in Block 600, with office use in Block
500. Existing uses in Block 600 equal 42,036 sf of office, restaurant and, health club uses. The
unused entitlement in Block 600 is 195 hotel rooms. These entitled uses in Block 600 could be
replaced in Block 500 with office use, 72,000 sf of which may be used for a new City Hall.
The analysis is based upon use of the worst -case PM peak hour trip rates. Rates for the
analysis were taken from the ITE 7th Edition Trip Generation publication. The trips generated by
the uses proposed to be eliminated are presented in Table 5. As indicated, the uses included as
the basis of the proposed transfer are projected to generate 339 PM peak hour trips.
A potential new City Hall of 72,000 sf would generate 108 peak hour trips (based on a rate of
1.5 trips per 1,000 square feet [TSF]) leaving 231 trips, which can be allocated toward other
uses. These 231 PM peak hour trips equate to 206,000± sf of office use based on a trip rate of
1.12 trips/TSF. The Project consists of 205,161 sf of office space in Block 500. Therefore, the
total PM peak hour trip generation associated with the converted uses proposed for Block 500
would be 338 trips.
F: \USERS\PLN\Shered\PA's\ PAS - 20MPA200715112007- 12- 11 CO2007 -1i-29 D.ft Addend.m.dcc 3 -39 Envil
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Addendum to Citv of Newport Beach General Plan 2006 Update EIR
TABLE 5
CONVERTED USES
In summary, the currently entitled uses in Block 600 (i.e., 195 hotel rooms and 42,036 sf of
health club, retail, and office uses) proposed for transfer to Block 500 equate to 339 PM peak
hour trips. These 339 trips would match the amount of PM peak hour trips projected to be
generated by a new 72,000 sf City Hall plus another 205,161 sf of office use. Therefore, the
proposed transfer of development rights would not result in any adverse traffic impacts. The
Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore,
implementation of the Project would not result in any new impacts or increase the severity of a
previously identified significant impact as previously analyzed in the General Plan EIR.
Exceed, Either Individually or Cumulatively, a Level of Service Standard Established By
the County Congestion Management Agency for Designated Roads or Highways
The General Plan EIR identifies that all Congestion Management Plan arterials in the City would
continue to operate at acceptable levels of service (LOS E or better) with implementation of the
2006 General Plan. The Project is in conformance with the assumptions set forth in the General
Plan EIR. Therefore, implementation of the Project would not result in any new impacts or
increase the severity of a previously identified significant impact as previously analyzed in the
General Plan EIR.
Result In A Change In Air Traffic Patterns, Including Either An Increase In Traffic Levels
Or A Change In Locations That Results In Substantial Safety Risks
As previously addressed in this Addendum, the four sub -areas are in the AELUP for the John
Wayne Airport. The ALUC has found the City of Newport Beach to be a consistent agency with
the AELUP. Additionally, the four sub -areas are within the AELUP Height Restriction Zone.
Within this zone, notice to the Federal Aviation Administration (FAA) is required for construction
or alteration to any building more than 200 feet above ground level. Prior to construction or
alteration of a building more than 200 feet above ground level a Determination of No Hazard
FBUSERS\PLMSharetl PA's1PA - 200nPA2007 15112007 12 -11 M2007 11 29 Draft Adde'dumA.c 3 -42 Envir
PM
PM
Use (Entitled in Block 600)
Peak. Hour Rate
Peak Trips
Hotel (195 Rooms) — Unbuilt Entitlement
0.70 (ITE 310)'
136
Family Fitness (17,300' sf) — Existing
4.05 (ITE 492)c
70
Palm Gardens (16,447' sf) — Existing
7.49 (ITE 931)°
123
Eliminated Office (6,789' sf) — Existing
1.12 (ITE 710)'
8
Eliminated Office (1,500 sf) — Existing
1.12 (ITE 710)'
2
Total
339
Use (Proposed in Block 500)
Office (205,161 sf)
1.12 (ITE 710)'
230
City Hall (72,000 sf)
1.50 (ITE 750)`
108
Total
338
a Hotel (rates applied for each occupied room)
b Per building permit information
c Health Club (rates per TSF)
d Quality Restaurant (rates per TSF)
e Trip rate per TSF determined from applying the ITE
office regression equation to the existing (408 TSF)
and proposed future (614 TSF) office use, and
calculating the rate based on
the square footage
increment (206 TSF)
f Closest ITE rate (in both function and magnitude) to match the GP assumption for City Hall trip
generation.
Source: Austin -Foust Associates, Inc. 2007
In summary, the currently entitled uses in Block 600 (i.e., 195 hotel rooms and 42,036 sf of
health club, retail, and office uses) proposed for transfer to Block 500 equate to 339 PM peak
hour trips. These 339 trips would match the amount of PM peak hour trips projected to be
generated by a new 72,000 sf City Hall plus another 205,161 sf of office use. Therefore, the
proposed transfer of development rights would not result in any adverse traffic impacts. The
Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore,
implementation of the Project would not result in any new impacts or increase the severity of a
previously identified significant impact as previously analyzed in the General Plan EIR.
Exceed, Either Individually or Cumulatively, a Level of Service Standard Established By
the County Congestion Management Agency for Designated Roads or Highways
The General Plan EIR identifies that all Congestion Management Plan arterials in the City would
continue to operate at acceptable levels of service (LOS E or better) with implementation of the
2006 General Plan. The Project is in conformance with the assumptions set forth in the General
Plan EIR. Therefore, implementation of the Project would not result in any new impacts or
increase the severity of a previously identified significant impact as previously analyzed in the
General Plan EIR.
Result In A Change In Air Traffic Patterns, Including Either An Increase In Traffic Levels
Or A Change In Locations That Results In Substantial Safety Risks
As previously addressed in this Addendum, the four sub -areas are in the AELUP for the John
Wayne Airport. The ALUC has found the City of Newport Beach to be a consistent agency with
the AELUP. Additionally, the four sub -areas are within the AELUP Height Restriction Zone.
Within this zone, notice to the Federal Aviation Administration (FAA) is required for construction
or alteration to any building more than 200 feet above ground level. Prior to construction or
alteration of a building more than 200 feet above ground level a Determination of No Hazard
FBUSERS\PLMSharetl PA's1PA - 200nPA2007 15112007 12 -11 M2007 11 29 Draft Adde'dumA.c 3 -42 Envir
Addendum to Citv of Newport Beach General Plan 2006
must be obtained from the FAA. A determination of No Hazard is the FAA's independent finding
that a proposed structure will not pose a hazard to air navigation. The PC Text requires that any
structure above 200 feet will be forwarded to the FAA for their independent analysis. The
Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore,
implementation of the Project would not result in any new impacts or increase the severity of a
previously identified significant impact as previously analyzed in the General Plan EIR. As set
forth in the General Plan EIR, impacts to John Wayne Airport operations with implementation of
the 2006 General Plan are less than significant.
Substantially Increase Hazards Due To A Design Feature (e.g., Sharp Curves Or
Dangerous Intersections) Or Incompatible Uses (e.g., Farm Equipment)
The General Plan EIR notes that site - specific projects are not addressed in the 2006 General
Plan. As such, it would speculative to determine if any particular project would be designed in a
manner to cause safety hazards. The General Plan EIR does identify that none of the circulation
improvements identified in the EIR would introduce safety hazards and would not result in
significant impacts. With respect to the four sub - areas, as currently developed areas, it is
expected that future development consistent with the 2006 General Plan would use the existing
roadway system and as such would not cause safety hazards. Any traffic improvements for the
Project are consistent with the assumptions set forth in the General Plan EIR, and as noted
above, would not result in significant impacts. . The Project is in conformance with the
assumptions set forth in the General Plan EIR. Therefore, implementation of the Project would
not result in any new impacts or increase the severity of a previously identified significant impact
as previously analyzed in the General Plan EIR.
Result in Inadequate Emergency Access
As previously addressed in this Addendum, the General Plan EIR notes that increased
population and development could result in congested traffic conditions. The 2006 General Plan
identifies policies to ensure that the city's Emergency Management Plan is regularly updated,
provides for efficient and orderly citywide evacuation, and ensures that emergency service
personnel are knowledgeable of the relevant response plans for the City. Consistent with the
findings of the General Plan EIR, the General Plan EIR identifies that traffic impacts related to
emergency access would be less than significant with mitigation. The Project is in conformance
with the assumptions set forth in the General Plan EIR. Therefore, implementation of the Project
would not result in any new impacts or increase the severity of a previously identified significant
impact as previously analyzed in the General Plan EIR.
Result In Inadequate Parking Capacity
The General Plan EIR does not identify Newport Center as an area of the City with limited
parking availability. The North Newport Center Project, as with other projects in the City, would
be required to comply with parking requirements identified in the City's Municipal Code. The
Project is in conformance with the assumptions set forth in the General Plan EIR. Therefore,
implementation of the Project would not result in any new impacts or increase the severity of a
previously identified significant impact as previously analyzed in the General Plan EIR.
Conflict with Adopted Policies, Plans, Or Programs Supporting Alternative
Transportation (e.g., Bus Turnouts, Bicycle Racks)
The 2006 General Plan Circulation Element includes policies related to transportation systems
management, transportation demand management, etc. These policies encourage alternative
modes of transportation. The General Plan EIR notes that implementation of the 2006 General
Plan will not result in significant impacts. The Project is in conformance with the assumptions
FUSERS \PMSharedlPA'sWAS- 200nPA200 7- 1 51120 0 7 -12 -11 CC@00741�29 Drek Addendum.doc 3 -43 Envil
Addendum to City of Newport Beach General Plan 2006 Update EIR
set forth in the General Plan EIR. Therefore, implementation of the Project would not result in
any new impacts or increase the severity of a previously identified significant impact as
previously analyzed in the General Plan EIR.
Mitigation Program
Policies of the 2006 General Plan were adopted as a mitigation program that minimized impacts
associated with buildout of the City of Newport Beach, including the implementation of future
development in Fashion Island, Block 500, Block 600, and San Joaquin Plaza. The following
mitigation would also be required for the Project:
At MacArthur Boulevard and San Joaquin Hills Road, the Applicant shall construct a third
eastbound left -turn lane. The intersection would operate at LOS D with the recommended
improvement. This improvement is consistent with the General Plan. Consistent with the
TPO, this improvement will be completed early in the development phasing (i.e., before
issuance of a certificate of occupancy for the first building [other than a parking structure])
constructed as part of the Project, but in no event later than 60 months from the operative
date of the Development Agreement.
2. The Applicant shall work with the City on design and development of circulation
enhancements in the North Newport Center area, consistent with the General Plan
Circulation Element, including widening of Avocado Avenue between San Miguel Drive
and San Nicolas Drive, dedication of public right -of -way and enhancement of San Miguel
Drive between MacArthur Boulevard and Avocado Avenue, and installation of traffic
signals on Newport Center Drive.
Level of Significance After Mitigation
At the two other impacted intersections (Goldenrod Avenue at Coast Highway and Marguerite
Avenue at Coast Highway), there are no feasible improvements available, a fact which has been
recognized and accepted in the 2006 General Plan and General Plan EIR which accepts LOS E
at these two intersections. Consistent with the findings of the General Plan EIR, the General
Plan EIR identifies that traffic impacts related to intersections, Congestion Management Plan
arterials, air traffic patterns, design hazards, emergency access, and parking would be less than
significant with mitigation. No feasible mitigation has been identified in the General Plan EIR to
reduce impacts to freeway mainlines and ramps; this impact remains significant and
unavoidable.
Finding of Consistencv With General Plan EIR
Pursuant to Section 15162 of the CEQA Guidelines, the City of Newport Beach has determined,
on the basis of substantial evidence in the light of the whole record, that the North Newport
Center Project does not propose substantial changes to the project; no substantial changes
would occur which would require major revisions to the General Plan EIR due to the
involvement of new significant environmental effects or a substantial increase in the severity of
previously identified significant effects; and no new information of substantial importance has
been revealed since the certification of the General Plan EIR.
F:WSERSPWIShared PA 'stPAS- 200TPA200Y- 1511200] -12 -11 M2007- 11- 290ra% AOdendu.Aoc 3-44 Envi/
Addendum to Citv ofNewoort Beach General Plan 2006 Update EIR
3.15 UTILITIES AND SERVICE SYSTEMS
The following thresholds of significance are as set forth in the General Plan EIR. It identifies that
implementation of the proposed General Plan Update may have a significant adverse impact on
utilities and service systems if it would result in any of the following:
• Require or result in the construction and /or expansion of water supply or
wastewater facilities, or new energy or natural gas production or transmission
facilities, the construction of which could cause significant environmental impacts
• Have sufficient water supplies available to serve the project from existing
entitlements and resources, or are new and expanded entitlements needed
• Exceed wastewater treatment requirements of the applicable Regional Water
Quality Control Board
• Would the project be served by a landfill with insufficient permitted capacity to
accommodate the project's solid waste disposal needs
• Would the project fail to comply with applicable federal, State, and local statutes
and regulations related to solid waste
No Substantial Change from Previous Analysis. Utility and service system impacts have
been previously analyzed as part of the General Plan EIR, which was prepared and certified
pursuant to State and City CEQA Guidelines. Minor additions and /or clarifications are needed to
make the previous document adequate to cover the actions that are currently proposed, which
are documented below and serve as an Addendum to the General Plan EIR.
Summary Analysis
Require or Result in the Construction and/or Expansion of Water Supply or Wastewater
Facilities, or New Energy or Natural Gas Production or Transmission Facilities, the
Construction of Which Could Cause Significant Environmental Impacts
Have Sufficient Water Supplies Available To Serve the Project from Existing Entitlements
and Resources, or Are New and Expanded Entitlements Needed
Water Supply and Treatment
The General Plan EIR notes that buildout of the 2006 General Plan could require the
construction of new and /or expanded water treatment plants or water conveyance systems, and
that water demand may exceed existing water entitlements.
Three sources provide water service to the City of Newport Beach: the City, Irvine Ranch Water
District (IRWD), and Mesa Consolidated Water District (MCWD). Water supplied by the City is
purchased from two sources. Groundwater is purchased from the Orange County Water District
(OCWD) and imported water is purchased from the Metropolitan Water District of Orange
County (MWDOC). The water supply assessment conducted for the General Plan EIR assumed
full buildout of the 2006 General Plan land uses, inclusive of Fashion Island, Block 500, Block
600, and San Joaquin Plaza. Page 4.14 -20 of the General Plan EIR states:
MWDOC, the City's provider of imported water, IRWD, and Mesa have each
indicated they can accommodate the additional demand from the proposed
General Plan Update in addition to future growth assumed in the respective
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Addendum to City of Newport Beach General Plan 2006 Update EIR
UWMPs [Urban Water Management Plans]. In addition, the implementation of
conservation measures would be required on a project- specific basis and water
shortage contingency plans would further reduce additional water demand.
Finally, future development is required to adhere to Section 10910 of the
California Water Code. Therefore, the cumulative impact to water supply would
be less than significant.
In addition to MWDOC, IRWD and Mesa, OCWD projects that there would be sufficient
groundwater supplies to meet any future demand requirements in Newport Beach.28 The
General Plan EIR concluded that there is sufficient water supply to meet the needs of the City.
The General Plan EIR also addressed potential affects of new development on groundwater
supplies and concluded that impacts will be less than significant due to conservation policies in
the 2006 General Plan. The City's Water Supply Plan accounted for the demand associated
with buildout of the 2006 General Plan land uses. The 2006 General Plan includes policies to
conserve water and reduce potential impacts to groundwater supply.
Citywide, projects inclusive of development in the four sub -areas are required to comply with the
City's fair share requirements and with General Plan Update policies on water conservation.
Compliance makes impacts less than significant. The General Plan EIR states: "...any request
for service resulting from new development would be subject to a site - specific evaluation of the
existing water system's capacity to service the development. If improvements to the existing
water system are required or additional facilities are needed, the property developer would be
required to pay its fair share of the cost of all or portions of the needed improvements ."29
General Plan Update goals and policies promote water conservation and limit water
consumption. As such, impacts were found to be less than significant. The Project is in
conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation
of the Project would not result in any new impacts or increase the severity of a previously
identified significant impact as previously analyzed in the General Plan EIR.
The General Plan EIR states that
Additional development accommodated under the proposed General Plan
Update would increase water use within the City, thus increasing the need for
water treatment services... [the Metropolitan Water District] MWD can meet 100
percent of the City's imported water needs until the year 2030... any request for
service resulting from new development would be subject to a site - specific
evaluation of the existing water system's capacity to service the development. If
improvements to the existing water system are required or additional facilities are
needed, the property developer would be required to pay its fair share of the cost
of all or portions of the needed improvements.30
Impacts of the proposed project would be less than significant because General Plan Update
Policy LU 2.8 directs the City to accommodate land uses that can be adequately supported by
infrastructure, including water treatment and conveyance facilities. As such, adequate water
infrastructure would be provided for all development assumed in the 2006 General Plan,
inclusive of the four sub - areas. The General Plan EIR finds that "... because future development
under the proposed General Plan Update would be required to adhere to existing regulations
and the proposed policies identified above, no impact would result." (See 4.14 -30) The Project
28 Ibid.. page 4.14 -8.
29 Ibid., page 4.14 -17.
30 City of Newport Beach, Final Environmental Impact Report for the General Plan 2006 Update, July 26, 2006, page
4.14 -17.
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Addendum to City of Newport Beach General Plan 2006 Update EIR
is in conformance with the assumptions set forth in the General Plan EIR. Therefore,
implementation of the Project would not result in any new impacts or increase the severity of a
previously identified significant impact as previously analyzed in the General Plan EIR.
Natural Gas
Southern California Gas Company (SCGC) provides natural gas service for the City of Newport
Beach. The General Plan EIR states:
Any expansion of service necessitated by implementation of the proposed
General Plan Update would be in accordance with SCGC's policies and
extension rules on file with the California Public Utilities Commission at the time
contractual agreements are made. Because the natural gas demand projected
for the proposed General Plan Update would not exceed available or planned
supply, new infrastructure would not be required to serve the proposed project.
Therefore, no impact would result.31
The Project is expected not to have a significant impact on natural gas supplies because natural
gas demand projected for General Plan buildout, inclusive of the four sub - areas, would not
exceed available or planned supply and because new infrastructure would not be needed to
serve the four sub - areas. The Project is in conformance with the assumptions set forth in the
General Plan EIR. Therefore, implementation of the Project would not result in any new impacts
or increase the severity of a previously identified significant impact as previously analyzed in the
General Plan EIR.
Exceed Wastewater Treatment Requirements of the Applicable Regional Water Quality
Control Board
Require or Result in the Construction and /or Expansion of Water Supply or Wastewater
Facilities, or New Energy or Natural Gas Production or Transmission Facilities, the
Construction of Which Could Cause Significant Environmental Impacts
Have Sufficient Water Supplies Available To Serve the Project from Existing Entitlements
and Resources, or Are New and Expanded Entitlements Needed
Sewer Systems
Wastewater from the City's sewer system is treated by the Orange County Sanitation District
(OCSD). The General Plan EIR identifies that a majority of the City's sewage flow is pumped to
the OCSD Plant No. 2; flows from the portion of the City north of the Corona del Mar Freeway
(State Rout 73) are pumped to Plant No. 1. The General Plan EIR states:
...policies under the proposed General Plan Update require the renovation of all
older sewer pump stations and the installation of new plumbing according to
most recent standards, and implementation of the Sewer System Management
Plan and Sewer Master Plan. Implementation of the proposed General Plan
Update policies requires adequate wastewater facilities and conveyance systems
to be available to the City residents. Therefore, impacts to the wastewater
treatment facilities associated with increased growth in the City would be less
than significant.32
31 Ibid., page 4.14 -50.
32 Ibid., page 4.14 -32.
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Addendum to City of Newport Beach General Plan 2006 Update EIR
Impacts from implementation of the 2006 General Plan, inclusive of the Project, are expected to
have a less than significant impact to sewer systems because implementation of the Sewer
System Management Plan and Sewer Master Plan, in conjunction with General Plan policies
relating to sewer systems, would reduce impacts to a less than significant level. The Project is in
conformance with the assumptions set forth in the General Plan EIR. Therefore, implementation
of the Project would not result in any new impacts or increase the severity of a previously
identified significant impact as previously analyzed in the General Plan EIR.
Would the Project be Served by a Landfill with Insufficient Permitted Capacity to
Accommodate the Project's Solid Waste Disposal Needs
Would the Project Fail to Comply With Applicable Federal, State, and Local Statutes and
Regulations Related to Solid Waste
Solid Waste Disposal
As noted in the General Plan EIR, the Frank R. Bowerman Sanitary Landfill serves the City, and
states:
The increase in solid waste generated by the development under the proposed
General Plan Update would not exceed capacity of the landfill. In addition, AB
939 mandates the reduction of solid waste disposal in landfills. Consequently,
this analysis assumes a worst -case scenario, as it is anticipated that at least
approximately 50 percent of the estimated increase in solid waste generation
could be diverted (or approximately 10,830 tons /year). Therefore, the Frank R.
Bowerman Sanitary Landfill would have sufficient capacity to serve the increased
development within the City under the proposed General Plan Update 33
Citywide buildout under the 2006 General Plan assumptions would not have an impact on solid
waste generation or disposal at the Bowerman Landfill. However, on a cumulative basis, the
General Plan EIR "without approved specific plans for substantial expansion of the landfill
facilities that serve the County, solid waste generation from approved and foreseeable
cumulative projects in the project area vicinity would exacerbate regional landfill capacity issues
in the future. ,34 Cumulative impacts are considered significant and unavoidable. The Project is
in conformance with the assumptions set forth in the General Plan EIR. Therefore,
implementation of the Project would not result in any new impacts or increase the severity of a
previously identified significant impact as previously analyzed in the General Plan EIR.
Mitigation Program
Policies of the 2006 General Plan were adopted as a mitigation program that minimized impacts
associated with buildout of the City of Newport Beach, including the implementation of futu,e
development in Fashion Island, Block 500, Block 600, and San Joaquin Plaza.
Level of Significance After Mitigation
Consistent with the findings of the General Plan EIR, the General Plan EIR identifies that all
utility and service system impacts can be mitigated to a level of less than significant with the
exception of cumulative impacts to landfill capacity; this impact remains significant and
unavoidable.
33 Ibid., page 4.14 -44.
34 Ibid., page 4.14 -45.
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Addendum to City of Newport Beach General Plan 2006 Update EIR
Findina of Consistency With General Plan EIR
Pursuant to Section 15162 of the CEQA Guidelines, the City of Newport Beach has determined,
on the basis of substantial evidence in the light of the whole record, that the North Newport
Center Project does not propose substantial changes to the project; no substantial changes
would occur which would require major revisions to the General Plan EIR due to the
involvement of new significant environmental effects or a substantial increase in the severity of
previously identified significant effects; and no new information of substantial importance has
been revealed since the certification of the General Plan EIR.
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APPENDIX A
TRAFFIC STUDIES