11 & 12 - Attachment A - Exhibit C-J - Housing Element Update (2008-2014) - Addendums 1-8 — Newport Beach City Council, April 9, 2024 (part 30 of 33)

3. Environmental Settin

3.1 PROJECT LOCATION
The 1.71-acre project site is generally located southwest of John Wayne Airport QWA) and within the Airport Area as defined by the Newport Beach General Plan (see Figure 2, LU22 Airport Area). The Airport Area includes approximately 360 acres in the northernmost portion of Newport Beach, bounded by Campus Drive to the west and north, Jamboree Road to the east, and Bristol Street to the south. The City of Irvine is north and east of the Airport Area. The Airport Area is near Interstate 405 and State Routes 55 and 73 and is within a commercial area of Newport Beach that is gradually redeveloping into a mixed -use community integrating residential development with commercial office, retail, and other uses. The regional and local contexts for the project site are depicted on Figures 3, Regional Location, and 4, Local Vicinity, respectively. An aerial photograph of the project site, which is northwest of Spruce Avenue, southwest of Quail Street, northeast of Bristol Street, and about 450 feet southeast of Upper Newport Plaza Drive., is provided on Figure 5, Aerial Photograph —Project Site.

3.2 ENVIRONMENTAL SETTING

3.2.1 Existing Land Use
The site is flat and currently used for a commercial office building with several surface parking stalls. The improvements to the subject property consist of a 22,956-square-foot, single -story commercial building and a 1,744 square foot ancillary garage. The property includes parking stalls along the south and west parts of the site (84 total stalls) and ornamental landscaping around the buildings, including several mature ornamental trees (see Figure 5, and Figure 6, Site Photographs).

Access is currently provided by a driveway from Quail Street and an additional two from Spruce Avenue. Both frontages along Quail Street and Spruce Avenue include curb -adjacent sidewalks. The south and west boundaries feature a narrow planter space behind the parking lot curb.

3.2.2 Surrounding Land Use
Surrounding land uses include miscellaneous commercial uses, including retail, office, banks, service uses, medical offices, and restaurants, as depicted on Figure 5. The JWA is approximately 0.35 mile to the west of the site.

Figure 7, Aerial Photograph Airport Area, depicts sites in the Airport Area that are approved for mixed -use and/or residential uses to replace existing commercial uses. The recently approved Residences at 1300 Bristol Street is 120 feet to the southeast of the project site at the intersection of Spruce Avenue and Bristol Street.

The Residences was approved in February of 2022 and will include a multifamily, six -story podium building March 2024D3 Page 9

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3. Environmental Setting
with 193 dwelling units on the current office building site. The Newport Crossings Mixed Use Project site is 1,667 feet north of the project site. Newport Crossings was approved in 2018 for development of a five -story, 350-unit residential project with 7,500 square feet of commercial use. The Newport Airport Village project was approved in May 2022 and is approximately 2,000 feet to the northwest of the project site. The Newport Airport Village included redesignation of the project site from CO-G to MU-112 to allow a maximum of 444 residential dwelling units and a maximum of 297,572 square feet of commercial uses in buildings up to six stories high. The Uptown Newport project was approved in February of 2013 and is approximately 2,700 feet to the northeast of the project site. Uptown Newport includes redevelopment of a 438,127-square-foot industrial complex into 1,244 residential units, 11,500 square feet of neighborhood -serving retail area, and 2 acres of public parks on a 25-acre site.

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2. Environmental Setting
Figure 2 - LU22 Airport Area
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3. Environmental Setting
Figure 3 - Regional Location
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3. Environmental Setting
Figure 5 - Aerial Photograph
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Photo 1. From Quail Street looking southwest across the project site.

Photo 3. From Spruce Avenue looking west across the site.

Source: PlaceWorks 2023; Google Earth 2022.
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3. Environmental Setting
Figure 6 - Site Photographs
Photo 2. Northeast corner of the site looking towards Quail Street.

Photo 4. From the parking lot to the south of the building looking northeast.

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Uptown Newport

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4. Proiect DescriDtion

4.1 PROJECT BACKGROUND

4.1.1 2006 General Plan
Since Newport Beach is almost fully developed, the 2006 GPU focused on "new development that would result as re -use of economically underperforming properties and obsolete development, conversion of uses in response to market demand (e.g., office and industrial to residential) and more intense use of land in defined areas" (Newport Beach 2006). The General Plan identified several subareas as special study areas, including the John Wayne Airport Area. The plan for the Airport Area, shown on Figure 2, allows for the maintenance and/or limited expansions of a currently developed mix of uses, including office, airport -supporting commercial, hotel, and public uses. The 2006 General Plan also introduced the opportunity to develop new residential neighborhoods in the MU-H2 land use designation as replacements for existing and allowed future uses, and in some cases, for underutilized surface parking lots. Policies establish criteria for the development of cohesive residential neighborhoods oriented around neighborhood parks and local -serving convenience commercial facilities and interconnected by a network of pedestrian -oriented streets. Buildout of the Airport Area in accordance with the approved General Plan would allow a maximum of 2,200 residential units within the MU- H2 designation (1,650 replacement and 550 additional units) excluding density bonus and transfer units within the same statistical area, while the 2006 GPU EIR conservatively studied a maximum of 4,300 residential units in the Airport Area.3,4
Table 1, AirportArea MU-H2 Residential Units, illustrates the approved residential mixed -use projects with their corresponding unit categories. As shown in the Table 1, 1,297 replacement units and 550 additive units have already been approved. The 2006 General Plan limits MU-H2 replacement units to 1,650, therefore, the Airport Area can still accommodate 353 residential units as replacement units. All 550 additive units allowed under the 2006 General Plan have been allocated.
3 Land Use Element policies LU4.3, Transfer of Development Rights, allows development rights (e.g., square footage) to be transferred in certain circumstances without an amendment to the General Plan. The policies are implemented by NBMC Chapter

20.46, Transfer of Development Rights. This chapter provides procedures for the transfer of development rights from a property to one or more other properties.
4 Projects are entitled to a density bonus that corresponds with their affordable units pursuant to state density bonus law and consistent with Chapter 20.32 of the NBMC.

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4. Project Description
Table 1 Airoort Area MU-H2 Residential Units
Residential Development Allocation
Base Units
Density
Bonus Units
Project Totals
with Density
Bonus
Replacement
Units
Additive
Units
Transferred
Units
Total
Units
2006 General Plan Unit Limit (MU-1-12)
1,650
550
0 2,200
Approved Proiects
Uptown Newport
632
290
-77
845
322
1,167
Newport Crossings
259
0 0
259
91 350
Newport Airport Village
329
0 0
329
115
444
Residences at 4400 Von Karman
-
260
0 260
52 312
Residences at 1300 Bristol
1 77
0 1 +77
1 154
1 39
1 193
Total
1,297
550
0 1,847
629
2,476
Remaining Development Allocation
353
0 0
353
-
As shown on Figure 2, the project site is designated for General Commercial Office (CO-G) businesses.

Residential uses per the 2006 General Plan are not a permitted use on the 1.71-acre project site. The proposed project requires a general plan amendment to allow for residential use.

4.1.1.1 ADDENDUMS TO THE 2006 GENERAL PLAN UPDATE EIR
Subsequent to approval of the General Plan Update and approval and certification of the GPU EIR in 2006, six GPU EIR addendums were approved. None of the addendums changed land uses or environmental findings related to the project site. Following is a brief summary of actions covered:
■ Addendum No. 1 to the City of Newport Beach General Plan 2006 Update Final Environmental Impact Report, November 2007.

This addendum established a "Planned Community District" and adopted the North Newport Center Planned Community (PC) Text. The action incorporated Fashion Island, Block 600 and Block 500, and San Joaquin Plaza owned by The Irvine Company (applicant) into a single Planned Community District.

Respective areas and PC Text within the San Joaquin Planned Community District were removed.

The PC District is intended to provide the classification and development of land use parcels as a coordinated, comprehensive project to take advantage of large-scale community planning. The North Newport Center PC Text was developed to be consistent with the 2006 adopted General Plan and reflects the uses and land designations permitted under the plan. As detailed in Addendum No. 1, Table 1, "Development Area Summary," land uses would not allow for any increase beyond the development intensities allowed in the General Plan for those subareas. ■ Addendum No. 2 to the City of Newport Beach General Plan 2006 Update Final Environmental Impact Report, June 15, 2012.

This addendum addressed proposed transfers of unbuilt development intensity in the North Newport Center PC (NNCPC). Specifically, the Addendum analyzed:

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4. Project Description
• Conversion of unbuilt, nonresidential development intensity (79 hotel rooms) to multifamily residential development intensity and transfer into the NNCPC.
• Assignment of 15 residential units within the MU-143 portions of Newport Center to San Joaquin Plaza.
• Amendment of NNCPC Development Plan to increase allowable residential development by 94 units and to allocate the 94 units plus the 430 residential units currently allocated to the MU-143 portions of the NNCPC solely to San Joaquin Plaza.
• Amendment of the Public Benefit Agreement between the City of Newport Beach and the Irvine Company concerning North Newport Center to vest the revised development intensities and allocations.
• Approval of a traffic study for 94 units pursuant to the City's Traffic Phasing Ordinance and Amendment to the Affordable Housing Implementation Plan.

Based on the facts and analysis in Addendum No. 2, the City Planning Commission found that the project, when compared to the 2006 GPU EIR, would not result in any new or more severe adverse environmental impacts. The Planning Commission also specifically concluded that, based on the Traffic Phasing Ordinance traffic analysis prepared for Addendum No. 2, the project would not have any new or more significant adverse traffic or circulation impacts.

Addendum No. 3 to the City of Newport Beach General Plan 2006 Update Environmental Impact Report, Newport Airport Village, May 2020.

This addendum relates to the development of a 16.46-acre site within the Airport Area. The site is bounded by MacArthur Boulevard, Birch Street, Dove Street, and Campus Drive. The project applicant proposed redesignation of the project site to allow a maximum of 329 residential dwelling units, additional density bonus units, and a maximum of 297,572 square feet of office, retail, service, and auto rental facilities. The proposed uses would replace existing commercial and office uses on the site. The project also included the adoption of the Newport Airport Village Planned Community Development Plan.

The proposed site had a General Plan designation of AO (Airport Office and Supporting Uses) and was zoned OA (Office Airport). The project required a general plan amendment to MU-1-12 (Mixed Use Horizontal) and a zone change to PC (Newport Airport Village Planned Community). The project is adjacent to John Wayne Airport, and the proposed residential uses were all outside the 65 dBA5 Community Noise Equivalent Level (CNEL)6 contour of the airport and Safety Zone 3 to ensure consistency with the Airport Environs Land Use Plan for John Wayne Airport.

Noise is measured on a logarithmic scale of sound pressure level known as a decibel (dB). A -weighted decibels (dBA) approximate the subjective response of the human ear to broad frequency noise source by discriminating against very low and very high frequencies of the audible spectrum.

The CNEL is the weighted average of the intensity of a sound, with corrections for time of day, and averaged over 24 hours.

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4. Project Description
The Addendum found that potential impacts associated with this proposed project would either be the same or not substantially greater than those described in the 2006 GPU EIR. In addition, there were no substantial changes to the circumstances under which the proposed project would be undertaken that would result in more severe environmental impacts than previously addressed in the General Plan Program EIR.

Addendum No. 4 to the City of Newport Beach General Plan Update Environmental Impact Report, October 2020, The Residences at 4400 Von Karman.

This addendum studied the approval of a residential development at 4400 Von Karman Avenue. The project included a five -story residential building with 312 multifamily rental units-299 market -rate units and 13 very -low-income affordable units —with a 1.1-acre public park and a freestanding parking structure on an approximately 13-acre site. The proposed uses would replace the existing surface parking area for office tenants in Koll Center Newport. The site is in the Airport Area, and the General Plan land use category is Mixed Use Horizontal 2 (MUH2). Project implementation did not require a change to the General Plan land use category.

In September 2010, the Newport Beach City Council approved the Airport Business Area Integrated Conceptual Development Plan (ICDP) for the portion of the Airport Area generally bordered by MacArthur Boulevard, Jamboree Road, and Birch Street. The Airport Business Area ICDP is approximately

37.7 acres, of which approximately 25 acres is the Uptown Newport site, with approximately 12.7 additional acres in Koll Center Newport. The Airport Business Area ICDP identified 1,244 units on the Uptown Newport site and 260 units on the surface parking area of Koll Center Newport where the Residences at 4400 Von Karman project was proposed. The Airport Business Area ICDP was developed to be consistent with the 2006 adopted General Plan. As detailed in Addendum No. 2, Table 2-1, "Airport Business Area ICDP Residential Dwelling Unit Allocation," Residences at 4400 Von Karman project was found to be in compliance with the intent of the Airport Business Area ICDP.

As a part of Residences at 4400 Von Karman project, the Koll Center Newport Planned Community (PC- 15) was amended to create a Residential Overlay zone allowing residential development consistent with the City of Newport Beach General Plan and the Airport Business Area ICDP.

The addendum found that potential impacts associated with the Residences at 4400 Von Karman project would either be the same or not substantially greater than those described in the 2006 GPU EIR. In addition, there were no substantial changes to the circumstances under which the proposed project would be undertaken that would result in more severe environmental impacts than previously addressed in the General Plan Program EIR.

Addendum No. 5 to the City of Newport Beach General Plan 2006 Update Environmental Impact Report, The Residences at 1300 Bristol Street, February 2022.

This addendum relates to the approval of a multifamily residential development at 1300 Bristol Street on a 1.97-acre office site. The project proposed 193 multifamily apartments-169 market rate units and 24 affordable units —in a six -story podium building with three levels of structured parking.

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4. Project Description
The site is in the Airport Area and is designated MU-H2 in the 2006 GPU. No general plan amendment was required. The site is also in the Newport Place Planned Community in the Residential Overlay area of PC-11, which allows multifamily residential development as a stand-alone use provided minimum affordable housing requirements are met. No zone change was required.

The addendum found that the number of housing units was within the 4,300 units studied in the GPU EIR for the Airport Area, and potential impacts would either be the same or not substantially greater than those described in the 2006 GPU EIR. In addition, there were no substantial changes to the circumstances under which the proposed project would be undertaken that would result in more severe environmental impacts than previously addressed in the General Plan Program EIR.

Addendum No. 6 to the City of Newport Beach General Plan 2006 Update Environmental Impact Report, The Ritz -Carlton Residences Project, May 2022.

This addendum relates to the development of 2.78 acres within the 9.53-acre Newport Beach Marriott Report Hotel property at 900 Newport Center Drive. The project proposed the conversion of up to 30 percent of the existing 532 hotel rooms to hotel -branded residences in a new 22-story building.

The site has a General Plan designation of Visitor Serving Commercial (CV), a Coastal Land Use Plan designation of Visitor Serving Commercial (CV-B), and a Zoning designation of Commercial Visitor - Serving (CV). All CV designations allow for overnight accommodation and accessory land uses. The proposed hotel -branded residences are an allowable accessory land use, consistent with the applicable CV land use designations, and did not require a general plan amendment or rezoning.

The addendum found that potential impacts associated with the Ritz -Carlton Residences would be the same or not substantially greater than those described in the 2006 GPU EIR. There were no substantial changes to the circumstances under which the proposed project would be undertaken that would result in more severe environmental impacts than previously addressed in the General Plan Program EIR. ■ Addendum No. 7 to the City of Newport Beach General Plan 2006 Update Environmental Impact Report, The Residences at 1400 Bristol Street project. April 2024.

This addendum relates to the development of 229 apartment units, including a 422-space parking structure.

The project includes an amendment to the General Plan to change the land use designation from General Commercial Office (CO-G) to Mixed Use Horizontal (MU-H2) and an additional 64 dwelling units above the General Plan allowance.

The addendum found that potential impacts associated with the Residences at 1400 Bristol Street would be the same or not substantially greater than those described in the 2006 GPU EIR. There were no substantial changes to the circumstances under which the proposed project would be undertaken that would result in more severe environmental impacts than previously addressed in the General Plan Program EIR.

None of the approvals addressed in the GPU EIR Addendums affect the project site. Therefore, they are not addressed further in this addendum.

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4. Project Description

4.1.2 Sixth Cycle Housing Element
On September 13, 2022, the Newport Beach City Council adopted the 6th cycle housing element for the 2021- 2029 planning cycle in response to the Regional Housing Needs Assessment (RHNA) allocation of 4,845 new housing units for Newport Beach. On October 5, 2022, the City received a letter from the California Department of Housing and Community Development certifying that the City's housing element is in full compliance with State housing element law.

The housing element identifies and analyzes the City's existing and projected housing needs and contains a detailed outline and work program of the City's goals, policies, quantified objectives, and programs for the preservation, improvement, and development of housing for a sustainable future. The policy program identifies ways in which housing needs of current and future residents can be met. It also ensures that the City establishes policies, procedures, and incentives in its land use planning and development activities to address the maintenance and expansion of the housing supply to adequately accommodate households currently living and expected to live in Newport Beach (Newport Beach 2022).

State law requires the City to identify adequate sites to accommodate its fair share allocation for the 6th cycle housing element. The City identified an adequate amount of land that was determined to be "feasible" or "potentially feasible" for future development through extensive analysis and in collaboration with the community and stakeholders. The opportunity sites underwent a rigorous process to evaluate site features, development potential, developer/owner interest, and other factors to deem them appropriate for housing during the 2021-2029 planning period. The Airport Area Environs (Airport Area) is one of the five focus areas where new housing opportunity sites are identified to satisfy the RHNA allocation. The total RHNA allocation is accommodated by sites in West Newport Mesa, Dover-Westcliff/Mariner's Mile, Newport Center, Coyote Canyon, the Airport Area, and the 5th Cycle sites. The Airport Area includes 62 new housing opportunity sites that could accommodate up to 2,577 housing units. This comprises approximately 25 percent of the total housing units identified in the various focus areas identified in the Housing Element. The project site was identified in the Airport Area as an opportunity site with a potential unit yield of 85 units that can help accommodate a portion of the City's RHNA allocation (Newport Beach 2022).

4.1.3 Newport Place Planned Community (PC-11)
The Newport Place Planned Community (PC-11) is a triangular -shaped, 145-acre area that includes all parcels bordered by Birch Street to the northwest, McArthur Boulevard to the east, and Bristol Street to the southwest (see Figure 2). PC-11 permits professional and business offices, hotels and motels, retail, restaurants, and light industrial in addition to residential units within the Residential Overlay. The project site is zoned Industrial Site 3A and is not within the PC-11 Residential Overlay (Newport Beach 2021). The proposed project requires an amendment to PC-11 to allow for multifamily use.

PC-11, as amended by Ordinance No. 2023-21 allows residential development to be located up to the 65 dBA CNEL noise contour as shown in Figures N5 of the Noise Element as updated by Resolution No. 2023-72, and subject to compliance with Section 20.30.080.F of the Municipal Code as amended by Ordinance No. 2023-20.

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4. Project Description
PC-11 requires a minimum density of 30 dwelling units per acre (du/ac) in the Residential Overlay. Per Ordinance No. 2023- 13, a minimum of 15 percent of the base units need to be set aside as affordable to lower - income households.

4.1.4 Project Characteristics
The project applicant (lntracorp) proposes redesignation of the approximately 1.71-acre project site to allow a maximum of 67 residential dwelling units including density bonus units. The proposed configuration of the land uses is shown in Figures 8a through 8f, Proposed Site Plans.

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3. Project Description
Figure 8a - Proposed Site Plan: Roof Level
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— Project Boundary
Source: Intracorp 2023.
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3. Project Description
Figure 8b - Proposed Site Plan: First Floor
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3. Project Description
Figure 8c - Proposed Site Plan: Basement Floor
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Figure 8d - Proposed Site Plan: Second Floor
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3. Project Description
Figure 8e - Proposed Site Plan: Third -Fifth Floors
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Project Boundary
Source: Intracorp 2023.
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3. Project Description
Figure 8f- Proposed Site Plan: Sixth Floor

UNITTYPE
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4. Project Description

4.1.4.1 RESIDENTIAL DEVELOPMENT
The proposed project includes 67 for sale condominiums in an 81-foot, six -story podium building at a density comparable to other projects recently approved in the Airport Area. The unit mix for the proposed project incorporates several different floor plans, for two -bedroom and three -bedroom configurations ranging from 1,304 to 3,174 square feet, as shown in Table 2, Unit Mix. Each residence would have a balcony to provide each homeowner with their own private outdoor space. The proposed development would be 139,546 net square feet with a density of 39 du/ac. A photovoltaic system (solar) that provides 55 percent of the total electricity demand would be installed.

Table 2 Unit Mix
Unit Type
Unit Size SF
Count
Total Square Feet
2BD/2 BA
1,304
8 10,432
2BD/2.5BA
1,784
2 3,568
2BD/2.5BA
1,893
8 15,144
2BD+Office/2.5BA
1,963
9 17,667
3BD/3.5BA
2,097
10 20,970
3BD/3.5BA
2,214
2 4,428
3BD/3.5BA
2,327
8 18,616
3BD/3.5BA
2,257
8 18,056
3BD/3.5BA
2,320
5 11,600
3BD/3.5BA
2,405
4 9,620
3BD+Office/3.5BA
2,968
1 2,968
3BD+Office/3.5BA
3,303
1 3,303
3BD/3.5BA
3,174
1 3,174
Total
-
67 139,546
SF = Square Feet
BD = Bedroom
BA = Bathroom
As proposed, the project site would be governed by the Residential Overlay of Newport Place Planned Community development standards, which allows a minimum density of 30 dwelling units per acre. A minimum of 15 percent of the base units must be set aside for lower -income households. The Newport Place Planned Community development standards define lower -income households as those making less than 80 percent of the area median income, as adjusted for family size by the United States Department of Housing and Urban Development. The proposed project would provide 6 units of affordable units to very low-income households, and 2 units for low-income households, which is 15 percent of the base units, as outlined in Table 3, Density Bonus Calculation. The proposed project would be entitled to a density bonus of 32.5 percent that corresponds with its affordable units pursuant to state density bonus law and consistent with Chapter 20.32 of the NBMC.

The proposed project includes a density bonus of 27.5 percent. This will comply with the provisions of Government Code Section 65915. The MU-H2 land use designation allows for a maximum density of 50 units per adjusted gross acre.

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4. Project Description
Table 3 Density Bonus Calculations
Project Area

1.71 acres
Minimum Allowable Density
30 du/ac
Minimum Allowable Residential Units Before Density Bonus (Base Units) 52 du
Very Low -Income Units Set Aside
6 du
Low -Income Units Set Aside
2 du
Eligible Density Bonus (32.5 percent)
17 du
Total Allowable Units with Density Bonus
Total Units proposed
67 du
du/ac = Dwelling units per acre
The proposed project is approximately 0.4 miles to the southeast of John Wayne Airport and the site is within the 60 dBA and 65 dBA CNEL noise contours of the airport. The Land Use Element and Noise Element, as amended by Resolution No. 2023-72, allow residential uses in this area. Residential units in this area are consistent with the JWA Airport Environs Land Use Plan (AELUP) if the interior noise standard of 45 dBA CNEL can be maintained.

4.1.4.2 ARCHITECTURAL DESIGN
As shown in Figures 9a through 9d, Architectural Kenderings, the architecture of the proposed project would be Contemporary, with an articulated two-story base defined by a darker color, punctuated by vertical elements containing the covered outdoor balconies of the residential units. The fagade would be articulated to highlight the columns flanking the decks and window openings. Metal cornices would cap the tallest elements.

4.1.4.3 LANDSCAPING, HARDSCAPING, AND RECREATIONAL AMENITIES As shown in Figure 10, Conceptual Landscape Plan: Ground Level, the proposed landscape and hardscape design reflect the modern architectural style. Italian cypress and pine are proposed along the building to reflect the building verticality. The accent olive trees and palms provide a focal element at the entry. Understory shrubs would be California natives and drought tolerant. The hardscape would emphasize creating a comfortable pedestrian experience.

A pool and spa would be provided on the upper podium level (see Figure 11, Conceptual Landscape Plan: Podium Level). A shared amenity rooftop deck would be on the sixth floor with a club room on the first floor.

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3. Project Description
Figure 9b - Architectural Renderings (Northeast Elevation) Scale (Feet)
Source: Intracorp 2023.
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3. Project Description
Figure 9c - Architectural Renderings (Northwest Elevation) COLORSTUCCO STUCCO ACCENT1
COLOR3 GLASS RAILING
!I!I!I! !!I!.!I!!!I!!!I!.!!! ■I■I■I■I ■I■I■ !!!.!I!I!I!!!!!!!I! !IlIII�� I!I!!!!!!!I!I! 1 , 1 „ IIIIIIII IIIIIII 1 1 , „ 'i,l ' , 1
Spruce Ave
. , ,� �y. �l�ll� �I11111111111 fllllllll �� I -
y .
0 32
Scale (Feet)
Source: Intracorp 2023.

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3. Project Description
Figure 9d - Architectural Renderings (Southwest Elevation) ACCENT1 STUCCO ACCENT1 GLASS
METAL COLOR 1 METAL RAILING
Spruce Ave
0 32
Scale (Feet)
Source: Intracorp 2023.

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Dee2-3March 2024 Page 51

_. f
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-17 1

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SPRUCE AVE.
1401 QUAIL STREET RESIDENTIAL PROJECT EIR ADDENDUM

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3. Project Description
Figure 10 - Conceptual Landscape Plan - Ground Level
L�
I
0 50
Scale (Feet)
Source: Intracorp 2023. 1:

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3. Project Description
Figure 11 - Conceptual Landscape Plan - Podium Level
\ele I � ♦ '� e-n■_ � ® ID; -' ■ fee-- _
� u � ■ I* �, urn �■■oll. •I:_I• � ■ u0n— m
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-
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0 35
Scale (Feet)
Source: Intracorp 2023. 1:

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4. Project Description

4.1.4.4 CIRCULATION AND PARKING
A proposed entry would be on Spruce Avenue on the west side of the site. The entry would be 26-feet wide and have a roundabout feature at the end of the driveway that allows an adequate radius for fire trucks and would be a pick-up and drop-off location for residents and visitors. The proposed entry would be through a motor court with enhanced paving and landscape that serves as the turnaround and entry drive to the parking garage. Centered on the western facade that faces this arrival zone would be the pedestrian lobby entrance.

The proposed project would include 146 parking spaces: 140 parking spaces in the parking structure and 6 parking spaces along the project entry. A dedicated parking stall at the entry to the project would be designated for ride -share and delivery services. An automated private gate would provide access control within the parking structure for residents.

4.1.5 Utilities and Infrastructure
As shown in Figure 12, Composite Utility Plan, an existing sewer lateral services the existing commercial uses and connects to an 8-inch public sewer line in Spruce Street. The 8-inch line extends northeast to a 10-inch sewer main in Quail Street. This line continues southeast to the intersection of Quail Street and Dove Street. The 10- inch line in Dove Street extends to Newport Place, where it increases to 15 inches. The 15-inch line continues east to McArthur Boulevard and then north, where it increases to an 18-inch line before discharging into the Orange County Sanitation District sewer main.

The existing facility is served by a fire water lateral and a second domestic water lateral, both of which connect to a 16-inch water main on Spruce Street. The proposed project would utilize new domestic water, fire water, and irrigation water service laterals with a connection to the 16-inch water main on Spruce Street (see Figure 12).

Runoff from the proposed building would be collected through roof drains that discharge directly into bioretention planters and permavoid boxes along the north, east and west boundaries of the site. The permavoid boxes allow runoff to be used as a means of irrigation for the bioretention planters. Any treated overflow runoff would be discharged to Quail Street and Spruce Avenue via parkway culverts. Runoff from the area south of the building, which includes the entire roundabout access street and the area leading to the main entry of the building, would sheet flow to catch basins on the south side of the proposed roundabout access street. The storm drain system would direct the runoff to the permavoid boxes to be used for irrigation on the project site (see Figure 12).

4.1.6 Construction Phasing
Upon City approval, project construction is anticipated to be completed in four continuous phases: demolition, site preparation, grading/trenching, and building construction/finishing. Overall project construction is estimated to take approximately 21 months, from March 2024 to November 2025. Customized buyer selections inside the units would proceed from December 2025 to March of 2026. Construction activities, start and end dates, and equipment required are shown in Table 4, Construction Schedule and Egu pment. Construction would occur from 7:00 am to 4:00 pm Monday through Friday.

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4. Project Description
ime 4 Construction JCneauie ana t
UI ment
Construction Activities
Phase Type
Start Date
End Date
Equipment Required
One Backhoe or Front Loader
Twenty 14-Yard Dump Trucks
Asphalt Demolition
Demolition
3/1/2024
3/9/2024
One Skid Steer
One Track Excavator
One Front End Loader
Two Excavators
Building Demolition
Demolition
3/12/2024
3/29/2024
Twenty 14-Yard Dump Trucks
One Front End Loader
Site Preparation
Site Preparation
4/2/2024
4/9/2024
One Backhoe/Skid Loader
One Front End Loader
One Tracked Dozer
Rough Grading
Grading
4/12/2024
4/29/2024
Twenty End Dumps
One Grading Tractor
One Excavator
One Grading Tractor
Fine Grading
Grading
5/3/2024
5/9/2024
One Skid Steer
One Mini Excavator
One Backhoe
Utility Trenching
Trenching
5/11/2024
5/25/2024
One Excavator/Track Hoe
One Skid Steer
One Rough Terrain Forklift/Telehandler
Fourteen Semi Trucks and Trailers
Building Construction
Building Construction
6/2/2024
12/5/2025
Twenty Box Delivery Trucks
One Concrete Boom Pump
Twenty Concrete Trucks
Twenty 10-Wheeler Dump Truck
Asphalt/Concrete Paving
Building Construction
9/6/2024
9/23/2024
One Vibrator Roller
One Skid Steer
One Forklift
Architectural Coating
Building Construction
9/27/2025
10/22/2025
One Pump
One Skid Steer
Finishing/Landscaping
Finishing
11/13/2025
11/28/2025
Twenty Box Trucks
One Backhoe
Demolition of the existing structures on site would generate approximately 1,126 tons of building debris.

Approximately 629 tons of building debris would be recycled. Additionally, 648 tons of asphalt would be demolished, of which 420 tons would be recycled. Export of the demolished building and asphalt debris would require approximately 11 trip ends7 to be hauled off -site.

It is anticipated that up to 9,300 cubic yards of soil would need to be exported during the grading phase to balance the site. Soil export is anticipated to require approximately 691 total trip ends. Although the sites to which soil would be exported are unknown, it is anticipated that they would be less than 25 miles from the project site. All construction staging activities would occur within the confines of the project site. 7 Each trip end represents a "to" and "from" trip between the landfill site and the project site.

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3. Project Description
Figure 12 - Composite Utility Plan
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EX. STORM DRAIN LINE (WIDTH VARIES)
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EX. CATCH BASIN (WIDTH VARIES)
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EX. WATER LINE
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EX. WATER GATE VALVE
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ill
EX. FIRE HYDRANT
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EX. SANITARY SEWER LINE
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EX. SANITARY SEWER MANHOLE
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----
EX. GAS SERVICE
III
EX. JOINT UTILITY TRENCH
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EX. LIGHT STANDARD
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PROPOSED BIOFILTRATION PLANTER BOX
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PROPOSED STORM DRAIN
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PROPOSED ON —SITE FIRE HYDRANT
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PROPOSED WATER GATE VALVE
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PROPOSED FIRE WATER (SIZE PER PLAN)
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- ---------

SPRUCE AVENUE
la IliW�
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Scale (Feet)
Source: Intracorp 2023. 1:

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5. Environmental Checklist

5.1 BACKGROUND

1. Project Title: 1401 Quail Street Residential Project

2. Lead Agency Name and Address:

City of Newport Beach
Community Development Department
100 Civic Center Drive
Newport Beach, CA 92660

3. Contact Person and Phone Number:

David Lee, Senior Planner
949-644-3225

4. Project Location:

The 1.71-acre project site is generally located southwest of John Wayne Airport QWA) and within the Airport Area as defined by the Newport Beach General Plan. The project site is located northwest of Spruce Avenue, southwest of Quail Street, northeast of Bristol Street, and about 450 feet southeast of Upper Newport Plaza Drive.

5. Project Sponsor's Name and Address:

Rick Puffer, Project Manager
Intracorp Homes
895 Dove Street, Suite 400
Newport Beach, CA 92660

6. General Plan Designation: General Commercial Office (CO-G).

7. Zoning: Newport Place Planned Community — Residential Overlay Description of Project:

Proposed redesignation of the approximately 1.71-acre project site to allow 67 condominiums that include 6 units of affordable units to very low-income households and 2 units of affordable units to low-income households. The proposed project includes an 81-foot, six -story podium building with subterranean parking. The first floor of the building is also dedicated to parking. A proposed entry would be on Spruce Avenue. The entry would be 26 feet wide and have a roundabout at the end of the driveway. The proposed entry would be through a motor court with enhanced paving and landscape that serves as the turnaround and entry drive to the parking garage. Centered on the western fagade that faces this arrival zone would be the pedestrian lobby entrance.

9. Surrounding Land Uses and Setting:

March 2024D3

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5. Environmental Checklist
Surrounding land uses include miscellaneous commercial uses, including retail, office, banks, service uses, medical offices, and restaurants. The JWA is approximately 0.35 mile to the northwest of the site.

10. Other Public Agencies Whose Approval or Consideration Is Required: (e.g., permits, financing approval, or participation agreement):
■ Airport Land Use Commission (ALUC): John Wayne Airport ■ Santa Ana Regional Water Quality Control Board Agency Dee2-3March 2024 Page 61

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5. Environmental Checklist

5.2 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
This Addendum evaluates the potential incremental impacts of the proposed project in comparison to the 2006 GPU EIR to determine if there are potentially new project -related significant impacts, an increase in the severity of previously determined significant impacts, or changes in circumstances that could result in new significant impacts.
❑
Aesthetics
❑
Agricultural and Forest Resources
❑
Air Quality
❑
Biological Resources
❑
Cultural Resources
❑
Energy
❑
Geology / Soils
❑
Greenhouse Gas Emissions
❑
Hazards & Hazardous Materials
❑
Hydrology / Water Quality
❑
Land Use / Planning
❑
Mineral Resources
❑
Noise
❑
Population / Housing
❑
Public Services
❑
Recreation
❑
Transportation / Traffic
❑
Tribal Cultural Resources
❑
Utilities / Service Systems
❑
Wildfire
❑
Mandatory Findings of Significance

5.3 DETERMINATION (TO BE COMPLETED BY THE LEAD AGENCY)
On the basis of this initial evaluation:

I find that the proposed project WOULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.

I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.

I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.
❑ I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ® I find that although the proposed project could, as originally proposed, have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures or conditions or approval that are imposed upon the proposed project, nothing further is required prior to consideration and adoption of this modified Checklist and Addendum.

Signature
Date
Printed Name For

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5. Environmental Checklist

5.4 COMPARING CHANGES AND/OR NEW INFORMATION TO PREVIOUS EIR
The purpose of the checklist is to evaluate the categories in terms of any "changes" or "new information" that may result in a changed environmental impact evaluation pursuant to Public Resources Code Section 21166 and CEQA Guidelines Sections 15162 to 15164. A "no" answer does not necessarily mean that there are no potential impacts relative to the environmental category, but that there is no substantial change in the project or circumstances surrounding the project that would result in new significant adverse environmental impacts from those identified in the previously adopted negative declaration.

5.4.1 Explanation of Checklist Evaluation Categories
Are Substantial Changes Proposed to the Project Which Require Major Revisions to the Prior EIR or Negative Declaration Involving New Significant Impacts or a Substantial Increase in the Severity of Previously Identified Significant Impacts?
Pursuant to Section 15162(a)(1) of the CEQA Guidelines, this column indicates whether any changes to the project would require major revisions to the prior EIR or negative declaration due to the involvement of new significant adverse environmental effects. If a "yes" answer is given, additional mitigation measures, or revised measures, will be specified in the discussion section, including a statement of impact after mitigation.

Any Substantial Change in Circumstances Involving New Significant Impacts or Substantial Increase in the Severity of Previously Identified Significant Impacts? Pursuant to Section 15162(a)(2) of the CEQA Guidelines, this column indicates whether there have been substantial changes to the project site or the vicinity (environmental setting) that have occurred after certification of the EIR or adoption of the prior negative declaration and which would result in the project having new significant impacts that were not considered or mitigated by the prior environmental document.

Any New Information of Substantial Importance Requiring Additional Analysis? Pursuant to Section 15162(a) (3) (A) to (D) of the CEQA Guidelines, this column asks whether 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 or negative declaration, shows any of the criteria listed above.

De '2-3March 2024 Page 63

6. Environmental Analysis
This section provides evidence to substantiate the conclusions in the environmental checklist. The section will briefly summarize the conclusions of the 2006 GPU EIR, then discuss whether or not the proposed project is consistent with the findings contained in the EIR.

Applicable 2006 General Plan policies as updated and amended are reproduced for each topical area and listed in Appendix B, and upon approval, the project would be required to comply with these policies. The 2006 GPU EIR did not include any mitigation measures.

6.1 AESTHETICS

6.1.1 Summary of Impacts Identified in the 2006 General Plan EIR After implementation of 2006 General Plan policies, impacts related to aesthetics and scenic vistas were deemed less than significant and no mitigation measures were required. The GPU EIR acknowledged that new uses, including the introduction of mixed -use development and higher density residential development in the Newport Center/Fashion Island area, the Airport Area, and West Newport Mesa would change the visual character of these areas of the city. The GPU EIR noted that both City-wide and area -specific policies would reinforce design standards, protect visual character and views, and enhance the city's existing aesthetic qualities while simultaneously accommodating projected growth. The GPU EIR also stipulated that new development would undergo a subsequent environmental review consisting of a case -by -case analysis of visual impacts, and that these developments would be required to conform to General Plan Update standards, the City's municipal code, and as applicable, the local coastal plan. Visual impacts were concluded to be less than significant.

6.1.2 Impacts Associated with the Proposed Project
Would the proposed project:

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6. Environmental Analysis
Less Than
Significant
Substantial
Impacts/No
Substantial
Change in
New
Changes or
Change in
Circum-
Information
New
Project
stances
Showing New
Information
Requiring
Requiring
or Increased
Requiring
Major EIR
Major EIR
Significant
Preparation of
Environmental Issues
Revisions
Revisions
Effects
an EIR
No Impact
c) In non -urbanized areas, substantially
degrade the existing visual character or
quality of public views of the site and its
surroundings (Public views are those that
are experienced from publicly accessible
X
vantage point). If the project is in an
urbanized area, would the project conflict
with applicable zoning and other regulations
governing scenic quality?
d) Create a new source of substantial light or
glare which would adversely affect day or
X
nighttime views in the area?
Comments
a) Have a substantial adverse effect on a scenic vista? No Impact. Vistas provide visual access or panoramic views to a large geographic area and are generally at a location where surrounding views are greater than one mile away. Panoramic views are usually associated with vantage points over a section of urban or natural area that provides a geographic orientation not commonly available. Examples of panoramic views might include an urban skyline, valley, mountain range, a large open space area, the ocean, or other water bodies.

The Airport Area does not have public viewpoints or coastal view roads. The closest designated coastal view road is Jamboree Road south of SR-73. Since the coastal view portion of Jamboree Road is 0.7 mile from the Airport Area, the project would not impact public views along this coastal road. Therefore, there are no impacts to scenic vistas and no changes or new significant information that would require preparation of an EIR. b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway?
No Impact. State Route 1, or Pacific Coast Highway, is identified as eligible for State Scenic Highway designation, but the City of Newport Beach would need to adopt a scenic corridor protection program and apply for scenic approval from Caltrans to officially designate the highway. Therefore, there are currently no officially designated state scenic highways in Newport Beach. Thus, the proposed project would have no impact on scenic resources within a state scenic highway, and there are no changes or new significant information that would require preparation of an EIR.
c) In non -urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings (Public views are those that are experienced from publicly March 2024D3

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6. Environmental Analysis
accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? Less Than Significant Impacts/No Changes or New Information Requiring Preparation of an EIR.

The proposed project would result in a change in land use designation and structure heights for the project site.

The proposed land use changes would allow residential development and alter the visual character of the site in comparison to the offices and limited accessory retail and service uses permitted under the GPU EIR and the Industrial uses permitted under the PC-11 zoning.

The Newport Place Planned Community Development Standards ensure consistency between the City's General Plan and proposed development projects within PC-1 1. For industrial uses within the project site, the height limit is 35 feet, and no residential units are allowed.

Upon approval, the project site would be included in the Residential Overlay of PC-11 which allows a maximum building height of 55 feet, a minimum density of 30 du/ac, and a maximum density of 50 du/acre. A minimum of 15 percent of the base units must be set aside for lower -income households. The proposed project would provide 6 units of affordable units to very low-income households, and 2 units of affordable units to low- income households, which is 15 percent of the base units. The proposed project would be entitled to a density bonus that corresponds with its affordable units pursuant to state density bonus law and consistent with Chapter 20.32 of the NBMC. This will comply with the provisions of Government Code Section 65915. The proposed project would also comply with the density standards for the Residential Overlay of PC-11.

The proposed project has a maximum building height of 81 feet measured from existing grade to the top of the rooftop parapet. As part of the approval of the proposed project's Affordable Housing Implementation Plan, the applicant is requesting relief from the building height requirements pursuant to Section 20.32.080 of the City's Zoning Code. When an applicant makes a request for a waiver of development standards, the review authority shall grant the request unless one or more of the following findings is made:

1. The waiver or reduction of development standards would have a specific adverse impact upon public health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

2. The waiver or reduction of development standards would have an adverse impact on any real property listed in the California Register of Historical Resources.

3. The waiver or reduction of development standards would be contrary to State or Federal law.

With respect to requirements no. 1 and 3, any height increase should not penetrate Federal Aviation Regulation Part 77, Obstruction —Imaginary Surfaces, for John Wayne Airport unless approved by ALUC. The project site is at 51 feet above mean sea level (amsl) and the proposed building's maximum height is 81 feet. Therefore, the overall height would be 132 feet amsl. As shown in Figure 13, Height Restrictions per Federal Air Regulations Part 77, the height restriction for the project site is 206 amsl. Additionally, the proposed waiver would not have an adverse impact on historical resources. Therefore, the project meets the requirements of Section 20.32.080 of the NBMC.

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6. Environmental Analysis
Furthermore, the increase in allowable maximum building height in comparison to the maximum building height currently allowed by the site's zoning (55 feet) would alter the future character of the project site. This increased height, however, is consistent with several surrounding buildings in the Airport Area in Newport Beach and the City of Irvine. Along Birch Street, there are several multistory buildings that range from 3 to 14 stories (office, hotel and retail/restaurant uses). Along MacArthur Boulevard is a 9-story office building.

Therefore, the proposed project would not conflict with applicable zoning and other regulations governing scenic quality and would have a less than significant impact, and there are no changes or new significant information that would require preparation of an EIR.
d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?
Less Than Significant Impacts/No Changes or New Information Requiring Preparation of an EIR.

The Airport Area is nearly built out, and a significant amount of ambient light already exists due to urban uses.

Regulatory requirements per the City's municipal code Title 20, Chapter 20.30, Section 20.30.070 "Outdoor Lighting," includes general outdoor lighting standards, parking lot lighting standards, and outdoor lighting (spotlighting and floodlighting). The project site is in a highly urban area with existing sources of light and glare. The replacement of existing uses with new sources of light and glare would not substantially alter the amount of lighting or glare on the site. General Plan Policy LU 5.6.2 would require that new and renovated buildings be designed to avoid the use of styles, colors, or materials that unusually impact the design character and quality of their location, such as the use of reflective surfaces that increase ambient glare and excessive illumination. LU 5.6.3 requires outdoor lighting to be located and designed to prevent spillover to adjoining properties or a significant increase of the overall ambient illumination of its location.

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�00 r�
Irvine
s,
g j
Newport Beach �J --
Source: Orange County Airport Land Use Commission Airport Environs Land Use Plan for John Wayne Airport 2008.

6. Environmental Analysis
Figure 13 - Height Restrictions per Federal Air Regulations Part 77 Project Boundary
r City Boundary
Elevation Contours in feet above mean sea level (AMSL)
Airport Surfaces
0 Horizontal Surface - Elevation 206 Feet AMSL
0 Departure Surface - Slope 50:1 (Horizontal:Vertical)
0 Transitional Surface - Slope 7:1 (Horizontal:Vertical) 0 Conical Surface - Slope 20:1 (Horizontal:Vertical)
0 Runway - Elevation 54 Feet AMSL
0 2,400
Scale (Feet)
PlaceWorks

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6. Environmental Analysis
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6. Environmental Analysis
The General Plan policies and requirements of the municipal code would ensure that lighting impacts associated with the proposed project, similar to development pursuant to the 2006 GPU, would be less than significant.

Thus, the proposed project would not adversely affect day or nighttime views, and there are no changes or new significant information that would require preparation of an EIR.

6.1.3 Cumulative Impacts
Impacts are minimized with implementation of General Plan policies, and impacts related to aesthetics were less than significant and no mitigation was required under the GPU EIR. As identified in the GPU EIR, the General Plan would change the visual aspect of and views from, to, and across the city; add new development to viewsheds; and bring urban development to previously undeveloped areas, resulting in less than significant impacts on scenic vistas, scenic resources within a State scenic highway, and visual character. However, the project site is urbanized with existing development. As discussed above, the proposed project would not cause a new significant aesthetic impact. Therefore, the proposed project would cause neither a new cumulative impact nor an increase in the severity of a cumulative impact previously disclosed. Implementation of the proposed project would not alter the conclusions of the General Plan Program EIR analysis and would not result in a new or substantially more severe project -specific or cumulative aesthetic impact than those already analyzed.

6.1.4 Standard Conditions of Approval
No City of Newport Beach standard conditions are applicable to Aesthetic resources for the proposed project.

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6. Environmental Analysis

6.2 AGRICULTURE AND FORESTRY RESOURCES

6.2.1 Summary of Impacts Identified in the 2006 General Plan EIR The 2006 General Plan Initial Study (IS) indicated that the City of Newport Beach does not contain any significant agricultural resources as the city is almost entirely built out. The IS concluded that there would be no impacts to agricultural and forestry resources and did not discuss the topic in the GPU EIR.

6.2.2 Impacts Associated with the Proposed Project
Would the proposed project:

Less Than
Significant
Substantial
Impacts/No
Substantial
Change in
New
Changes or
Change in
Circum-
Information
New
Project
stances
Showing New
Information
Requiring
Requiring
or Increased
Requiring
Major EIR
Major EIR
Significant
Preparation of
Environmental Issues
Revisions
Revisions
Effects
an EIR
No Impact
a) Convert Prime Farmland, Unique Farmland,
or Farmland of Statewide Importance
(Farmland), as shown on the maps prepared
pursuant to the Farmland Mapping and
X
Monitoring Program of the California
Resources Agency, to non-agricultural use?
b) Conflict with existing zoning for agricultural
use, with a designated Agricultural
Opportunity Area, or with a Williamson Act
X
contract?
c) Conflict with existing zoning for, or cause
rezoning of, forest land (as defined in Public
Resources Code Section 12220(g)),
timberland (as defined by Public Resources
X
Code Section 4526), or timberland zoned
Timberland Production (as defined by
Government Code Section 51104(g))?
d) Result in the loss of forest land or conversion
of forest land to non -forest use?
X
e) Involve other changes in the existing
environment which, due to their location or
nature, could result in conversion of Farmland
X
to non-agricultural use or conversion of forest
land to non -forest use?
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6. Environmental Analysis
Comments
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? No Impact. As with site development under the 2006 General Plan, the proposed project would have no impact on Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. The project site is not designated Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (DOC 2018). Thus, there are no changes or new significant information that would require preparation of an EIR. b) Conflict with existing zoning for agricultural use, with a designated Agricultural Opportunity Area, or with a Williamson Act contract?
No Impact.

The project site is located in an urban area and is not zoned for agricultural use —the site is zoned Industrial Site 3A, which does not permit agricultural uses. The City of Newport Beach does not have any land designated or zoned for agricultural use, used for agriculture, or subject to a Williamson Act contract$ (DOC 2023). Thus, the proposed project, as with all development pursuant to the 2006 GPU, would have no impacts to agricultural zoning or a Williamson Act contract. No impacts would occur, and there are no changes or new significant information that would require preparation of an EIR.
c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? No Impact. The City of Newport Beach does not have any land designated or zoned for forestland, timberland, or timberland zoned Timberland Production. The project site is currently zoned Industrial Site 3A.

Thus, the proposed project, similar to all development pursuant to the 2006 GPU, would have no impacts, and there are no changes or new significant information that would require preparation of an EIR. d) Result in the loss of forest land or conversion of forest land to non -forest use? No Impact. See response to Section 6.2.2(c), above. As substantiated in this section, no impact would occur, and there are no changes or new significant information that would require preparation of an EIR. 8 Williamson Act contracts restrict the use of privately owned land to agriculture and compatible open -space uses under contract with local governments; in exchange, the land is taxed based on actual use rather than potential market value.

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6. Environmental Analysis
e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non -forest use?
No Impact. See responses to Sections 6.2.2(a), (b), and (c), above. As substantiated in this section, no impact would occur, and there are no changes or new significant information that would require preparation of an EIR.

6.2.3 Cumulative Impacts
As discussed above, the proposed project would not cause a new agricultural resources impact to occur, nor an increase in the severity of an agricultural resources impact previously disclosed in the GPU EIR, with adherence to State and local regulations. Implementation of the proposed project would not alter the conclusions of the GPU EIR analysis and would not result in a new or substantially more severe project -specific or cumulative agricultural resources impact than those already analyzed.

6.2.4 Standard Conditions of Approval
No City of Newport Beach standard conditions are applicable to agricultural or forest resources for the proposed project.

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6. Environmental Analysis

6.3 AIR QUALITY

6.3.1 Summary of Impacts Identified in the General Plan Update EIR Air Quality Management Plan Consistency
The GPU EIR concluded that the 2006 GPU would potentially conflict with implementation of South Coast Air Quality Management District's (South Coast AQMD) 2003 Air Quality Management Plan (AQMP). The 2006 GPU EIR identified that the GPU would increase residential growth projections approximately 10 percent higher than what was accounted for by Southern California Association of Governments (SCAG) projections for Orange County in 2030. Therefore, implementation of the GPU was consistent with the 2003 AQMP attainment forecast, and impacts were significant and unavoidable. Since preparation of the 2006 GPU EIR, South Coast AQMD has adopted the 2022 AQMP, which is the current AQMP for the South Coast Air Basin (SoCAB). The 2022 AQMP reflects the approved Newport Beach General Plan, and therefore the General Plan and designated land uses for the project site are consistent with the AQMP.

Regional Construction Impacts
The GPU EIR concluded that, even after mitigation, construction air emissions from individual projects and total amount of construction assumed in the GPU could exceed South Coast AQMD's significance thresholds as a result of the amount of development activity that is anticipated in the city. Impacts were considered significant and unavoidable.

Regional Operational Impacts
The GPU EIR concluded that the operational emissions would cumulatively contribute to the nonattainment designations of the SoCAB. At the time of the 2006 GPU EIR, the SoCAB was designated nonattainment for ozone (03), carbon monoxide (CO) (Los Angeles County only), and coarse particulate matter (PMlo). Impacts were considered significant and unavoidable.

Localized Impacts
The GPU EIR demonstrated that there would be no CO exceedances caused by vehicular emissions idling at intersections, and therefore localized CO hotspot impacts would be less than significant.

Odors
The GPU EIR identified that odors generated within the city would not affect a substantial number of people, and impacts would be less than significant.

6.3.2 Impacts Associated with the Proposed Project
Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations.

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6. Environmental Analysis
Would the proposed project:

Comments
a) Conflict with or obstruct implementation of the applicable air quality plan? Less Than Significant Impacts/No Changes or New Information Requiring Preparation of an EIR.

A consistency determination with an AQMP plays an important role in local agency project review by linking local planning and individual projects to the AQMP. It fulfills the CEQA goal of informing decision makers of the environmental efforts of the project under consideration early enough to ensure that air quality concerns are fully addressed. It also provides the local agency with ongoing information as to whether they are contributing to the clean air goals in an AQMP. The South Coast AQMD is responsible in developing AQMPs for the SoCAB region.

The GPU EIR identified that the land plan would increase residential growth projections slightly over what was projected by SCAG for Orange County in 2030. Therefore, implementation of the General Plan was not consistent with the 2003 AQMP attainment forecast, and impacts were found to be significant and unavoidable.

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6. Environmental Analysis
The South Coast AQMD adopted the 2022 AQMP on December 2, 2022. Regional growth projections are used by South Coast AQMD to forecast future emission levels in the SoCAB. For southern California, these regional growth projections are provided by SCAG and are partially based on land use designations in city/county general plans. Thus, the land uses assumed and the growth anticipated in the 2006 GPU have been incorporated into the current 2022 AQMP.

Typically, only large, regionally significant projects have the potential to affect regional growth projections. In addition, a consistency analysis with the 2022 AQMP is generally only required in connection with the adoption of General Plans, specific plans, and significant projects. Changes in population, housing, or employment growth projections have the potential to affect SCAG's demographic projections and therefore the assumptions in South Coast AQMD's AQMP. These demographic trends are incorporated into SCAG's 2020-2045 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) to determine priority transportation projects and vehicle miles traveled in the SCAG region.

As mentioned in the Chapter 4, Project Description, the proposed project would redesignate the project site from Commercial Office (CO-G) to MU-112, which would expand the overall geographic area designated MU-142.

However, the proposed project would not increase the overall development capacity in MU-H2-designated areas considered in the GPU EIR. Furthermore, as discussed in Section 6.14, Population and Housing, the proposed project would redistribute these future units and would not result in an increase in population compared to the 2006 GPU. Thus, the proposed project would not result in increasing growth and would be within the growth assumptions of the 2022 AQMP.

Additionally, as demonstrated in Section 6.3(b), the proposed project is not anticipated to result in a substantial increase in operation -phase emissions compared to what was previously analyzed in the GPU EIR. Therefore, the proposed project would be consistent with the 2022 AQMP and its implementation is not anticipated to result in new or increase the severity of impacts pertaining to consistency with the 2022 AQMP when compared to the 2006 GPU. Therefore, there are no changes or new significant information that would require preparation of an EIR.
b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard? Less Than Significant Impacts/No Changes or New Information Requiring Preparation of an EIR.

The following describes changes in regional impacts from short-term construction activities and long-term operation of the proposed project.

Regional Construction Impacts
Construction activities would result in the generation of air pollutants. These emissions would primarily be 1) exhaust emissions from off -road diesel -powered construction equipment; 2) dust generated from demolition, site preparation, earthmoving, and other construction activities; 3) exhaust emissions from on -road vehicles; and 4) off -gas emissions of volatile organic compounds (VOCs) from application of asphalt, paints, and coatings.

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6. Environmental Analysis
The GPU EIR determined that construction activities would generate short-term emissions that would exceed the South Coast AQMD regional significance thresholds. Though the proposed 2006 GPU did not include residential uses on the project site, the proposed project would not increase the number of residential units allocated to the Airport Area in comparison to the General Plan Update. Overall, it is anticipated that the required construction processes and activities needed to develop the land uses accommodated under both the proposed project and the 2006 GPU for the Airport Area would be similar.

Construction activities associated with the development of the 67 condominiums would disturb 1.71 acres on the project site. The project would involve building and asphalt demolition, debris onsite processing/recycling, demolition debris hauling, site preparation, rough and fine grading, utilities trenching, building construction, paving, architectural coating, and finishing/landscaping. Construction is anticipated to start in spring 2024 and finish in winter 2025. Construction emissions were estimated using the California Emissions Estimator Model (CalEEMod), version 2022.1.1.14, and are based on the preliminary construction duration and equipment mix provided by the applicant.

Construction emissions modeling is shown in Table 5, Maximum Daily Regional Construction Emissions, which shows that maximum daily emissions for VOCs, NOx, CO, S02, PM10, and PM2.5 from construction -related activities would be less than their respective South Coast AQMD regional significance threshold values.9 The proposed project would be subject to South Coast AQMD Rules 402, 403,1113, and SC AQ-1 to further reduce specific construction -related emissions. Projects that do not exceed the South Coast AQMD regional significance thresholds would not result in an incremental increase in health impacts in the SoCAB from project - related increases in criteria air pollutants.

Table 5 Maximum Dailv Reaional Construction Emissions
I Pollutants
(lb/day)1.1. s
Construction Phase VOC NO. CO S02 PM10 PM2.5
Year2024
Asphalt Demolition
1 13
11 <1
3 1
Building Demolition
1 15
10 <1
5 1
Building Debris Onsite Processing/Recycling
1 6
7 <1
<1
<1
Site Preparation
<1
6 4
<1
1 <1
Rough Grading
2 28
21 <1
6 3
Fine Grading
1 9
8 <1
2 1
Utility Trenching
<1
4 6
<1
<1
<1
Building Construction
1 13
14 <1
3 1
Building Construction and Paving
1 1
1 19
1 20
1 <1
4 1 1
Year2025
Building Construction
1 13
14 <1
3 1
Building Construction and Architectural Coating
20 16
<1
3 1
Building Construction and Finishing/Landscaping
1 El
18 <1
4 1
9 Modeling is conservative since at the time of the analysis modeling was based on 78 residential dwelling units compared to the current proposed 67 residential dwelling units.

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6. Environmental Analysis
Table 5 Maximum Dailv Reaional Construction Emissions
I Pollutants
(lb/day)', 4, 3
Construction Phase VOC NOx CO Sol PM10 PMzs
Maximum Daily Construction Emissions
Maximum Daily Emissions
20 28
21 <1
6 3
South Coast AQMD Regional Construction
75 100
550
150
150
55 Threshold
Significant?
No
No
No
No
No
No
Source: CaIEEMod Version 2022.1.1.14.
1 Based on the preliminary information provided by the applicant. Where specific information regarding project -related construction activities was not available, construction assumptions were based on CaIEEMod defaults, which are based on construction surveys conducted by South Coast AQMD of construction equipment. 2 Includes implementation of fugitive dust control measures required by South Coast AQMD under Rule 403, including watering disturbed areas a minimum of two times per day, reducing speed limit to 25 miles per hour on unpaved surfaces, replacing ground cover quickly, and street sweeping with Rule 1186—compliant sweepers. Includes SC AQ-1 to use super -compliant VOC paints (<10 g/L) for all interior surfaces that meet the South Coast AQMD Rule 1113. 3 Modeling is conservative since at the time of the analysis modeling was based on 78 residential dwelling units compared to the current proposed 67 residential dwelling units.

Long -Term Regional Operational Impacts
Typical long-term air pollutant emissions are generated by area sources (e.g., landscape fuel use, aerosols, architectural coatings, and asphalt pavement), energy use (natural gas), and mobile sources (i.e., on -road vehicles). Implementation of the proposed project would construct a multifamily residential building, and the primary source of long-term criteria air pollutant emissions generated by the proposed project would be mobile emissions from project -generated vehicle trips.

As shown in Table 6, Maximum Daily Regional Operational Phase Emissions, air pollutant emissions generated from operation -related activities would be less than their respective South Coast AQMD regional significance threshold values.10 Projects that do not exceed the South Coast AQMD regional significance thresholds would not result in an incremental increase in health impacts in the SoCAB from project -related increases in criteria air pollutants.
10 Modeling is conservative since at the time of the analysis modeling was based on 78 residential dwelling units compared to the current proposed 67 residential dwelling units.

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6. Environmental Analysis
Table 6 Maximum Daily Re ional Operational Phase Emissions Source
Maximum Daily Emissions Ibslda
VOC
NOx
CO
S02
PM10
PM2.5
Mobile'
1 1
11 <1
2 1
Areal
4 <1
6 <1
<1
<1
Energy3
<1
<1
<1
<1
<1
<1
Total Emissions
5 1
16 <1
3 1
South Coast AQMD Regional Threshold
55 55
550
150
150
55 Exceeds Regional Threshold?
No
No
No
No
No
No
Source: CaIEEMod Version 2022.1.1.14. Highest winter or summer emissions are reported.

Notes: Totals may not add up to 100 percent due to rounding. Ibs = pounds 1 Based on ITE Trip rates (11th edition) for multi -family housing not close to rail transit for net increase in weekday and weekend trips (see Appendix C). Modeling is conservative since at the time of the analysis trips were based on 78 residential dwelling units compared to the current proposed 67 residential dwelling units. 2 Conservative analysis since net increase is based on a smaller existing building square footage modeled. At the time of this analysis, 22,536 square feet was considered for the existing building onsite.
3 Conservative analysis due to total increase, rather than net increase, in electricity.

It should be noted that the analysis modeled the total increase in electricity and area sources in comparison to a "net" impact, which would have subtracted the emissions associated with the existing building on the site from the emissions related to the proposed project. Therefore, the analysis is conservative.

The proposed project would result in the land use redesignation of the project site from CO-G to MU-112.

However, though the overall geographic area designated MU-142 would be expanded in the Airport Area, the proposed project would not increase the overall development capacity of the allowable uses in the MU-142- designated areas as analyzed in the GPU EIR. In addition, emissions from building energy use would be minimized because the older commercial office buildings on the existing project site, which were constructed prior to modern building energy codes, would be replaced with a newer, more energy -efficient residential building that meets the current California Building and Energy Efficiency Standards.

Overall, the proposed project would reduce allowable nonresidential building square footage on the project site, as well as overall Airport Area, and generate a minimal net increase of 105 weekday vehicle trips (see Appendix C). Therefore, buildout of the proposed project is not anticipated to result in an increase in operation -phase emissions compared to what was analyzed in the GPU EIR. No changes or new significant information that would require preparation of an EIR.
c) Expose sensitive receptors to substantial pollutant concentrations? Less Than Significant Impacts/No Changes or New Information Requiring Preparation of an EIR.

The following describes changes in localized impacts from short-term construction activities and long-term operation of the proposed project.

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6. Environmental Analysis
Localized Construction Impacts
Localized Significance Thresholds
Localized significance thresholds (LST) are based on the California Ambient Air Quality Standards (AAQS), which are the most stringent AAQS to provide a margin of safety in the protection of public health and welfare.

They are designated to protect sensitive receptors most susceptible to further respiratory distress, such as asthmatics, the elderly, very young children, people already weakened by other disease or illness, and people engaged in strenuous work or exercise. The screening -level construction LSTs are based on the size of the project site, distance to the nearest sensitive receptor, and Source Receptor Area. The nearest offsite sensitive receptors are the single-family residences along Zenith Avenue approximately 1,015 feet to the southwest and Tutor Time of Newport Beach approximately 390 feet to the west of the project site.

Due to the programmatic nature of the General Plan Update, it was not possible to calculate individual, project - related operation and construction emissions at that time. Per South Coast AQMD methodology, quantification of LSTs was not applicable the GPU EIR.

Air pollutant emissions generated by construction activities would cause temporary increases in air pollutant concentrations. Table 7, L.ocali.Zed Construction Emissions, shows the maximum daily construction emissions (pounds per day) generated during onsite construction activities compared with the South Coast AQMD's screening -level LSTs for sensitive receptors within 82 feet for NOx and CO and within 1,015 feet for PM10 and PM2.5. As shown in Table 7, the construction of the proposed project would not generate construction -related onsite emissions that would exceed the screening -level LSTs.11 Thus, project -related construction activities would not have the potential to expose sensitive receptors to substantial pollutant concentrations. Localized air quality impacts from construction activities would be less than significant.

Table 7 Localized Construction Emissions
Construction Activity
Pollutants Ibslda
1,2
NOx
CO
PM103
PM2.53
South Coast AQMD <_1.00 Acre LST
92 647

31.68 11.26
Asphalt Demolition
7 7

1.86 0.46
Building Demolition
6 6

3.32 0.67
Building Debris Onsite Processing/Recycling
6 6

0.21 0.20
Site Preparation
1 2

0.20 0.07
Rough Grading
18 16

3.86 2.11
Fine Grading
5 6

0.59 0.25
Utility Trenching
4 6

0.28 0.14
Building Construction
5 6

0.24 0.22
Building Construction and Paving
8 10

0.32 0.30
11 Modeling is conservative since at the time of the analysis modeling was based on 78 residential dwelling units compared to the current proposed 67 residential dwelling units.

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6. Environmental Analysis
Table 7 Localized Construction Emissions
Construction Activity
Pollutants Ibs/da
1,2
NOx
CO
PM103
PM2.53
Building Construction and Architectural Coating (2025)
4 8

0.22 0.20
Building Construction and Finishing/Landscaping
6 9

0.24 0.22
Exceeds LST?
No
No
No
No
Source: CaIEEMod Version 2022.1.1.14. South Coast AQMD 2008 and 2011.

Notes: In accordance with South Coast AQMD methodology, only onsite stationary sources and mobile equipment are included in the analysis. Screening level LSTs are based on an 82 ft receptor for NOx and CO and 1,015 ft receptor for PM10 and PM2.5 in Source Receptor Area 18. 1 Where specific information for project -related construction activities or processes was not available modeling was based on CaIEEMod defaults. These defaults are based on construction surveys conducted by the South Coast AQMD. 2 Modeling is conservative since at the time of the analysis modeling was based on 78 residential dwelling units compared to the current proposed 67 residential dwelling units.
3 Includes fugitive dust control measures required by South Coast AQMD under Rule 403, such as watering disturbed areas a minimum of two times per day, reducing speed limit to 25 miles per hour on unpaved surfaces, replacing ground cover quickly, and street sweeping with Rule 1186—compliant sweepers.

When compared to the land uses considered for the project site under the 2006 GPU, the proposed project would result in a reduction in commercial square footage and an increase in residential dwelling units on the project site. However, development under the proposed project would not introduce new types of construction processes or activities compared to what was previously considered in the 2006 GPU and would not increase maximum allocated residential units within the Airport Area (see Table 1). Additionally, the proposed project would not result in developing a new area because the project site was considered for development under the 2006 GPU. Thus, it is not anticipated that development of the land uses accommodated under the proposed project would result in new or increase the severity of construction related LST impacts compared to the land uses considered for the project site in the 2006 GPU.

Construction Health Risk
Emissions from construction equipment primarily consist of diesel particulate matter (DPM). In 2015, the Office of Environmental Health Hazards Assessment adopted guidance for preparation of health risk assessments that included the development of a cancer risk factor and noncancer chronic reference exposure level for DPM over a 30-year time frame (OEHHA 2015). Currently, South Coast AQMD does not require the evaluation of long-term excess cancer risk or chronic health impacts for a short-term project. The proposed project is anticipated to be completed in approximately 20 months, which would limit the exposure of onsite and offsite receptors. Furthermore, construction activities would not generate onsite exhaust emissions that would exceed the screening -level construction LSTs.

Improvements under the proposed project would not introduce new types of construction processes or activities compared to what was previously considered in the 2006 GPU EIR. Thus, it is not anticipated that construction of the land uses accommodated under the proposed project would result in new or increase the severity of construction -related health risk impacts compared to the land uses considered for the project site in the 2006 GPU EIR. Therefore, no changes or new information would require preparation of a subsequent EIR.

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6. Environmental Analysis
Localized Operational Impacts
Operational LSTs
Types of land uses that typically generate substantial quantities of criteria air pollutants and toxic air contaminants include industrial (stationary sources) and warehousing (truck idling) land uses. The types of land uses planned for the proposed project include 67 condominiums in an 81-foot, six -story podium building at a density comparable to other projects recently approved in the Airport Area. Thus, the type of land use proposed under the proposed project would not be expected to generate substantial quantities of criteria air pollutants and toxic air contaminants.

Rather than the commercial/industrial land uses considered for the project site under the 2006 GPU EIR, the proposed project would introduce residential uses. As stated before, the proposed project would not develop a new area because the project site was considered for development under the 2006 GPU. Overall, it is not anticipated that development of the land uses accommodated under the proposed project would result in new or increased severity of operation -related localized air quality impacts compared to the land uses considered in the GPU EIR.

CO Hotspot
Vehicle congestion has the potential to create pockets of CO called hotspots. Hotspots are typically produced at intersections, where traffic congestion is highest because vehicles are backed up and idle for long periods and subject to reduced speeds. These pockets could exceed the state one -hour standard of 20 parts per million (ppm) or the eight -hour standard of 9.0 ppm. Because CO is produced in greatest quantities from vehicle combustion and does not readily disperse into the atmosphere, adherence to AAQS is typically demonstrated through an analysis of localized CO concentrations.

The GPU EIR conducted a carbon monoxide (CO) hotspot analysis to identify whether the 2006 General Plan would expose sensitive receptors to substantial pollutant concentrations. At that time, the SoCAB was designated nonattainment under the California AAQS and National AAQS for CO. Currently, the SoCAB is designated attainment under both the National and California AAQS for CO. Under existing and future vehicle emission rates, a project would have to increase traffic volumes at a single intersection to more than 44,000 vehicles per hour —or 24,000 vehicles per hour where vertical and/or horizontal mixing is substantially limited —to generate a significant CO impact (BAAQMD 2023).

The proposed project would result in a maximum of 30 PM peak -hour vehicle trips at buildout (see Appendix C), which would not generate a CO hotspot. The traffic impact assessment for the Residences at 1300 Bristol Street project, a similarly situated project about 0.1 mile south of the project site, analyzed peak - hour intersection volumes for 13 intersections in the surrounding area at the project's 2026 buildout year (refer to Residences at 1300 Bristol Street, Appendix F, Figures 25 and 26) (Gandinni 2021). The traffic impact analysis concluded that there were no level of service impacts at the study intersections. The proposed project's peak - hour trips are nominal compared to the peak -hour intersection volumes studied in the traffic impact assessment for the Residences at 1300 Bristol Street. Therefore, buildout of the proposed project is not anticipated to

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6. Environmental Analysis
result in new significant impacts or impacts of greater severity pertaining to CO hotspots. Overall, there are no changes or new significant information that would require preparation of an EIR. d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
Less Than Significant Impacts/No Changes or New Information Requiring Preparation of an EIR.

Nuisance odors from land uses in the SoCAB are regulated under South Coast AQMD Rule 402, Nuisance, which states:

A person shall not discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or which endanger the comfort, repose, health or safety of any such persons or the public, or which cause, or have a natural tendency to cause, injury or damage to business or property. The provisions of this rule shall not apply to odors emanating from agricultural operations necessary for the growing of crops or the raising of fowl or animals.

The type of facilities that are considered to have objectionable odors include wastewater treatments plants, chemical manufacturing, sanitary landfill, fiberglass manufacturing, transfer station, painting/coating operations (e.g., autobody shops), composting facility, food processing facility, petroleum refinery, feed lot/dairy, asphalt batch plant, and rendering plant.

The GPU EIR identified that odors generated in the city would not affect a substantial number of people, and impacts would be less than significant. The proposed project involves the development of 67 condominiums and would not fall within the objectionable -odors land uses or generate odors different than the land uses accommodated under the 2006 GPU.

Emissions from construction equipment, such as diesel exhaust, and from VOCs associated with architectural coatings and paving activities may generate odors. However, these odors would be temporary and intermittent, and are not expected to affect a substantial number of people. In addition, land uses accommodated under the proposed project would be subject to South Coast AQMD Rule 402, which would contribute to minimizing odor -related nuisances.

Compared to the land uses considered for the project site in the GPU EIR, the types of land uses accommodated under the proposed project would result in similar construction odors. It is not anticipated that the proposed project would introduce or require any new construction processes that would generate substantial odors compared with what was previously considered in the GPU EIR. Therefore, buildout of the proposed project is not anticipated to result in new significant impacts or impacts of greater severity pertaining to objectionable odors compared to the GPU EIR. Overall, there are no changes or new significant information that would require preparation of an EIR.

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6.3.3 Cumulative Impacts
A project that exceeds South Coast AQMD's significance criteria in the context of emissions from all other development projected within the entire SoCAB would cumulatively contribute to impacts.

As described above, the proposed project would not result in significant long-term operational nor short-term construction air quality impacts with incorporation of SC AQ-1. Thus, the proposed project would not be considered by South Coast AQMD to be a substantial source of air pollutant emissions that would have the potential to affect the attainment designations in the SoCAB.

Based on the scope and nature of the proposed project, the proposed project would not substantially affect housing, employment, or population projections in the region. Therefore, the proposed project would not affect the regional emissions inventory or conflict with strategies in the 2022 AQMP.

Therefore, the proposed project would neither cause a new cumulative impact nor an increase in the severity of a cumulative impact previously disclosed. Implementation of the proposed project would not alter the conclusions of the GPU EIR analysis and would not result in a new or substantially more severe project -specific or cumulative air quality impacts than those already analyzed.

6.3.4 Standard Conditions of Approval
SC AQ-1 The construction contractor shall specify in the construction bid that the construction contractor(s) shall only use interior paints with a low VOC (volatile organic compound) content with a maximum concentration of 9 grams per liter (g/L) for building architectural coating to reduce VOC emissions. Prior to construction, the construction contractor(s) shall ensure that all construction plans submitted to the City of Newport Beach Building Division clearly show this requirement.

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6.4 BIOLOGICAL RESOURCES

6.4.1 Summary of Impacts Identified in the 2006 General Plan EIR The GPU EIR identifies City-wide biological resources, including habitat types; sensitive biological resources, including special status species; marine resources; and sensitive marine sources. Identified biological resources are mapped in the GPU EIR (Figure 4.3-1) and reproduced here as Figure 14, 2006 General Plan Biological Resources. The GPU EIR also delineates Environmental Study Areas (ESA), as shown on Figure 15, Environmental Study Areas (ESAs). Undeveloped areas supporting natural habitats that may be capable of supporting sensitive biological resources in the city are referred to as ESAs. An ESA may support species and habitats that are sensitive and rare within the region or may function as a migration corridor for wildlife.

The GPU would allow infill development throughout the city. A variety of plant and animal species are present within the GPU planning area, including, but are not limited to, California least tern (Sterna antillarum brown), yellow warbler (Dendroica petechia brewsten), Belding's savannah sparrow (Passerculus sandwichensis beldingz), golden eagle (Aquila chrysaetos), light-footed clapper rail (Rallus Ion gitrostris levees), and western snowy plover (Charadrius alexandrinus nivosus).

Development under the proposed GPU could also result in the removal of mature trees that may serve as perching or nesting sites for migratory birds and raptors in both developed and undeveloped areas. Several federal and state regulations restrict activities that may result in the "take" (kill, harm, harass, etc.) of certain species, including active nests. During the project -level analysis of development proposed under the GPU, project -specific mitigation, such as preconstruction surveys, may be necessary to ensure that development under the GPU does not result in the "take" of such species as a result of vegetation removal.

Numerous GPU-identified goals and policies would aid in protecting sensitive habitats and species. These policies provide protection to habitats containing candidate and special status plant and wildlife species and increase the level of protection of these plant and wildlife species within the city's regulatory framework.

Compliance with federal and California Endangered Species Acts and CEQA, and implementation of proposed GPU goals and policies would reduce potential impacts on sensitive plant and wildlife species to less than significant.

The GPU EIR also noted that GPU policies restricting development within wetland areas and ESAs and federal and State regulations, such as the Clean Water Act Section 404 permitting, and the California Department of Fish and Game's Section 1600 Lake or Streambed Alteration Agreement requirements would reduce impacts to riparian habitats and wetlands to a less than significant level. Additionally, GPU policies would maintain buffers around significant or rare species and would shield and direct exterior lighting away from significant or rare species and therefore impacts to wildlife corridors were found to be less than significant.

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Costa Mesa
D.

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ISLE
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lih"Ir %t!,- %0-
NEWPORT � � / I COAST

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CRYSTAL COVE

STATE PARK

6. Environmental Analysis
Figure 14 - 2006 General Plan Biological Resources
Project Boundary
City Boundary
0 Eelgrass Bed
_
Giant Kelp Bed
_
Historic Grunion Spawning Area
0 Upper Newport Bay Nature Preserve
0 Upper Newport Beach State Marine Park
0 County
0 1
Scale (Miles)
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Costa Mesa
UPPER
0 NEWPORT
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Project Site
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ORT
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m

6. Environmental Analysis
Figure 15 - Environmental Study Areas (ESAs)
— — —
Project Boundary
O
Seminuik Slough
©
Northstar Beach
©
West Bay
O
Upper Newport Bay State Marine Park
and Upper Newport Bay Nature Preserve
©
De Anza Bayside Marsh Peninsula
0 San Diego Creek
OEastbluff
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O
Big Canyon
0 Newporter North
0 Buck Gully
mMorning
Canyon
®
Newport Beach Marine Life Refuge
®
Castaways
0 Banning Ranch
®
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0 Los Trancos, Pelican Hill
m
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Irvine Coast Marine Life Refuge
Giant Kelp Bed in Newport Harbor
`0
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®
San Joaquin Reservoir
0 Arroyo Park
®
Coyote Canyon
0 MacArthur and Bison
®
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0 MacArthur/San Joaquin
®
Spyglass Hill
0 Non -Coastal Buck Gully
0 1
Scale (Miles)
PlaceVorks

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The Orange County Central -Coastal Subregional Natural Community Conservation Plan/Habitat Conservation Plan (NCCP/HCP) is the applicable habitat conservation plan for the GPU planning area. In July of 1996, the City became a signatory agency in this plan. As a signatory agency, the City is responsible for enforcing mitigation measures and other policies in the NCCP/HCP Implementation Agreement for properties within the city limits that are part of the NCCP Subregional Plan. The 2006 GPU IS found that impacts resulting from the implementation of the GPU to this plan were less than significant. The 2006 GPU IS also found that the GPU would not conflict with any local policies or ordinances protecting biological resources.

6.4.2 Impacts Associated with the Proposed Project
Would the proposed project:

Less Than
Significant
Substantial
Impacts/No
Substantial
Change in
New
Changes or
Change in
Circum-
Information
New
Project
stances
Showing New
Information
Requiring
Requiring
or Increased
Requiring
Major EIR
Major EIR
Significant
Preparation of
Environmental Issues
Revisions
Revisions
Effects
an EIR
No Impact
a) Have a substantial adverse effect, either
directly or through habitat modifications, on
any species identified as a candidate,
sensitive, or special status species in local or
X
regional plans, policies, or regulations, or by
the California Department of Fish and Wildlife
or U.S. Fish and Wildlife Service?
b) 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
X
California Department of Fish and Wildlife or
U.S. Fish and Wildlife Service?
c) Have a substantial adverse effect on state or
federally protected wetlands (including, but
not limited to, marsh, vernal pool, coastal,
X
etc.) through direct removal, filling,
hydrological interruption, or other means?
d) Interfere substantially with the movement of
any native resident or migratory fish or wildlife
species or with established native resident or
X
migratory wildlife corridors, or impede the use
of native wildlife nursery sites?
e) Conflict with any local policies or ordinances
protecting biological resources, such as a
X
tree preservation policy or ordinance?
f) Conflict with the provisions of an adopted
Habitat Conservation Plan, Natural
Community Conservation Plan, or other
X
approved local, regional, or state habitat
conservation plan?

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Comments
a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? No Impact. The project site is fully developed and there is no natural habitat onsite. As shown on Figures 13 and 14, the General Plan did not identify biological resources in the project area and did not designate the area as an ESA. Vegetation is limited to ornamental species, including trees and bushes. In comparison to the 2006 General Plan, the proposed project would introduce up to 67 residential units to the site. None of the project's land use changes —in comparison to the uses permitted in the General Plan —would affect impacts to biological resources on the site. There are no changes or new information requiring preparation of an EIR. b) 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 California Department of Fish and Wildlife or U.S. Fish and Wildlife Service?
No Impact. Riparian habitats and sensitive natural communities can be found in the city, particularly along the coast and in the Upper and Lower Newport Bay. The project site is approximately 4.6 miles from the coast and

1.15 miles from Upper Newport Bay and would not impact these habitats. Thus, no impacts would occur, and there are no changes or new significant information that would require preparation of an EIR. c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?
No Impact. Areas within the GPU planning area containing wetland habitat include Upper Newport Bay, Lower Newport Bay (Newport Harbor), and the coast of Newport Beach between the Santa Ana River and the city's boundary with unincorporated Orange County. Additionally, Banning Ranch contains federally restored wetlands. The project site is approximately 5.5 miles from the coast, 1.1 miles from Upper Newport Bay, and 3.6 miles from Banning Ranch. Thus, no impacts would occur, and there are no changes or new significant information that would require preparation of an EIR. d) 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?
No Impact. Banning Ranch is the only site in the city that provides wildlife with a significantly large, diverse area for foraging, shelter, and movement. The project site is approximately 3.6 miles from Banning Ranch.

Furthermore, the proposed project would allow for development in an area that is currently almost fully built out and does not include any undeveloped areas that may currently be used as wildlife corridors or nursery sites for native and migratory wildlife. No habitat fragmentation would occur because there would be no disturbances of undeveloped areas under the proposed project; any new development would occur only in urbanized areas of the city.

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Migratory nongame native bird species are protected by the California Fish and Game Code, Sections 3503, 3503.5, and 3513, which prohibit the take of all birds and their active nests. Since there are mature ornamental trees on the project site that could provide nesting habitat for birds, the proposed project would comply with the California Fish and Game Code. Compliance would ensure that if construction occurs during the avian breeding season, appropriate measures would be taken to avoid impacts to nesting birds. Compliance would involve preconstruction surveys, as detailed in SC BIO-1. The surveys would be conducted no more than three days prior to construction activities. If an active bird nest is observed, the surveyor/biologist shall determine the appropriate buffer around the nest. Buffers are determined by species -specific requirements and nest location. No construction activity would occur within the buffer zone until the nest is vacated, juveniles have fledged, and there is no evidence of a second attempt at nesting. With mandatory compliance with the California Fish and Game Code, impacts to nesting birds would be less than significant.

Thus, no impacts would occur and there are no changes or new significant information that would require preparation of an EIR.
e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
No Impact. The proposed project, similar to development pursuant to the 2006 GPU, would adhere to GPU policies; the Orange County Central -Coastal Subregional NCCP/HCP; the City Council Policy G-1, Retention or Removal of City Trees; and Chapter 7.26, Protection of Natural Habitat for Migratory and Other Waterfowl, of the City's municipal code. The proposed project would not conflict with any of these local policies or ordinances protecting biological resources, and there would be no impact. Thus, there are no changes or new significant information that would require preparation of an EIR. f) 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 Impact. The proposed project, similar to development pursuant to the 2006 General Plan, would not change or contradict any policies in the Orange County Central -Coastal NCCP/HCP, and all future development would be required to comply with these policies. Thus, no impacts would occur, and there are no changes or new significant information that would require preparation of an EIR.

6.4.3 Cumulative Impacts
Past, present, and reasonably foreseeable future projects are required to implement the measures in their respective CEQA documents to be consistent with federal, State, and local regulations to avoid adverse effects to existing biological resources or to mitigate significant impacts to these resources. The types of measures required for projects impacting protected habitat, species, and regulated resources can include avoidance, project design features, regulatory approvals, best management practices, and mitigation measures.

The project site does not contain riparian habitat, sensitive natural communities, or suitable habitat for any species identified as a candidate, sensitive, or special status species. Additionally, the site does not contain waters, including wetland waters, that are subject to federal jurisdiction under Section 404 of the Clean Water Act. The

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site is not in a designated ESA —which could support species and habitats that are sensitive and rare in the region or function as a migration corridor for wildlife. The proposed project would not contribute to a cumulative effect on biological resources, including sensitive species, protected habitat, or wetland resources.

The proposed project would not cause a new biological impact or an increase in the severity of a biological impact previously disclosed in the GPU EIR. Implementation of the proposed project would not alter the conclusions of the GPU EIR analysis and would not result in a new or substantially more severe project -specific or cumulative biological resources impact than those already analyzed.

6.4.4 Standard Conditions of Approval
SC BIO-1 Prior to the commencement of any proposed actions (e.g., site clearing, demolition, grading) during the breeding/nesting season (September 1 through February 15), a qualified biologist contracted by the Applicant shall conduct a preconstruction survey(s) to identify any active nests in and adjacent to the project site no more than three days prior to initiation of the action. If the biologist does not find any active nests that would be potentially impacted, the proposed action may proceed. However, if the biologist finds an active nest within or directly adjacent to the action area (within 100 feet) and determines that the nest may be impacted, the biologist shall delineate an appropriate buffer zone around the nest using temporary plastic fencing or other suitable materials, such as barricade tape and traffic cones. The buffer zone shall be determined by the biologist in consultation with applicable resource agencies and in consideration of species sensitivity and existing nest site conditions, and in coordination with the construction contractor. The qualified biologist shall serve as a construction monitor during those periods when construction activities occur near active nest areas to ensure that no inadvertent impacts on these nests occur. Only specified construction activities (if any) approved by the qualified biologist shall take place within the buffer zone until the nest is vacated. At the discretion of the qualified biologist, activities that may be prohibited within the buffer zone include but not be limited to grading and tree clearing. Once the nest is no longer active and upon final determination by the biologist, the proposed action may proceed within the buffer zone.

The qualified biologist shall prepare a survey report/memorandum summarizing his/her findings and recommendations of the preconstruction survey. Any active nests observed during the survey shall be mapped on a current aerial photograph, including documentation of GPS coordinates, and included in the survey report/memorandum. The completed survey report/memorandum shall be submitted to the City of Newport Beach Community Development Department prior to construction -related activities that have the potential to disturb any active nests during the nesting season.

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6. Environmental Analysis

6.5 CULTURAL RESOURCES

6.5.1 Summary of Impacts Identified in the 2006 General Plan EIR Historic Resources
The City of Newport Beach has 11 properties listed or designated eligible for listing on the National Register of Historic Resources (NRHP) or California Register of Historic Resources (CRHR), or otherwise listed as historic or potentially historic in the California Historic Resources Information System (CHRIS) maintained by the Office of Historic Preservation. The City has listed five additional properties in the City Register in recognition of their local historical or architectural significance. These resources are mapped on Figure 16, City of Neikport Beach Historic Resources. The Airport Area, Newport Center, West Newport Mesa, and Mariners' Mile do not have identified historic resources.

Archaeological Resources
Archaeological resources were also analyzed in the GPU EIR, which concluded that impacts would be less than significant. Archaeological resources that are culturally or religiously important to Native American groups would be protected; information resources would be maintained; grading and excavation activities where there is a potential to affect archaeological resources would be monitored by a qualified archaeologist; cultural organizations, including Native American groups, would be notified of all potentially adverse impacts; and all scientifically valuable archeological resources would be donated to responsible public or private institutions (per Goals HR 2 and NR 18 of the 2006 General Plan). The Newport Beach City Council also established "Archaeological Guidelines (K-5)" requiring the City to prepare and maintain sources of information regarding archaeological sites. Thus, impacts to archaeological resources would be less than significant.

Excavation during construction activities consistent with the 2006 General Plan has the potential to disturb human burial grounds, including Native American burials, in underdeveloped areas of the City. Human burials have specific provisions for treatment in Section 5097 of the California Public Resources Code, which authorizes the Native American Heritage Commission to resolve any disputes related to the disposition of Native American burials. The California Health and Safety Code (Sections 7050.5, 7051, and 7054) also has provisions protecting human burial remains from disturbance, vandalism, or destruction. Therefore, compliance with these regulations would ensure impacts to human burial grounds remain less than significant.

6.5.2 Impacts Associated with the Proposed Project
CEQA Guidelines Section 15064.5 provides direction on determining significance of impacts to archaeological and historical resources. Generally, a resource shall be considered "historically significant" if the resource meets the criteria for listing on the CRHR:
■ Is associated with events that have made a significant contribution to the broad patterns of California's history and cultural heritage;
■ Is associated with the lives of persons important in our past;

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■ Embodies the distinctive characteristics of a type, period, region or method of construction, or represents the work of an important creative individual, or possesses high artistic values; or Has yielded, or may be likely to yield, information important in prehistory or history. (PRC § 5024.1; 14 CCR § 4852)
The fact that a resource is not listed in the CRHR, not determined to be eligible for listing, or not included in a local register of historical resources does not preclude a lead agency from determining that it may be a historical resource.

According to Appendix G of the CEQA Guidelines, a project would normally have a significant effect on the environment if the project would:

In addition, the City's Historic Resource Inventory includes properties with cultural significance to the City.

However, none of the recognized sites are within the proposed project site boundaries. As detailed in the geotechnical exploration report, based on review of available historical aerial photographs, the site was vacant undeveloped land until around the early 1970s. By 1972, the existing building and perimeter roads were being constructed at the site with paved surface parking; by about 1980 the site was in the configuration observed today.

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6. Environmental Analysis
Figure 16 - City of Newport Beach Historic Resources
John
Wayne '•. �..�■
Airport i'•,
• Projbct Site
r Costa Mesa
!� Site on National Register of Historic Places
i alboa Inn
Irvine
alboa Pavillion
P� © Crystal Cove Historic District
_ Newport Beach ovell Beach House
- California Historic Landmarks
r
`©McFadden Wharf
a uw �t� 1
' a�Id Landing
%J % �ite of First Water -to -Water Flight
Other Historic Sites or Potenially Historic Sites
0 in the CHRIS Database
QBalboa Island Fire House #4 (Demolished)
ORcrF�c ' 0 Bank of Balboa/Bank of America (Demolished) B K Store Building
an © Our Lady Mount Carmel
l
0 1.5
Scale (Feet)
Source: EIP Associates 2006. T
PlaceWlorks

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The existing office building does not meet the criteria of a historical resources under CEQA; it is not associated with events that have made a significant contribution to the broad patterns of our history; it is not associated with the lives of persons who are significant in our past; it does not embody the distinctive characteristics of a type, period, or method of construction, and it does not yield, or may be likely to yield, information important to prehistory or history. Thus, no impacts would occur and there are no changes or new significant information that would require preparation of an EIR.
b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5?
Less than Significant/No Changes or New Information Requiring Preparation of an EIR. A CHRIS records search was conducted on July 19th, 2023 for a proposed residential project at 1400 Bristol Street located approximately 375 feet to the northwest of the proposed project. The CHRIS records search included a review of all recorded archaeological and built -environment resources as well as a review of cultural resource reports on file within a 0.5-mile radius from the site and. In addition, the California Points of Historical Interest, the California Historical Landmarks, the California Register of Historical Resources, the NRHP, and the California State Built Environment Resources Directory listings were reviewed for the above referenced project site and a 0.25-mile radius. Due to the sensitive nature of cultural resources, archaeological site locations are not released. The CHRIS search concluded that the area studied is potentially sensitive for archeological resources and that because the area is obscured by urban development, an archeological survey is not likely to result in the observation of surface artifacts. Therefore, it is recommended that a qualified archaeologist be retained to monitor all ground -disturbing activities.

As with land uses permitted under the 2006 General Plan, the proposed project would involve redevelopment and land disturbance. It is anticipated that grading/earthwork impacts would be similar and have comparable potential impacts to any unknown, cultural resources. The proposed project, similar to development pursuant to the 2006 GPU, would adhere to applicable GPU policies listed in Appendix B. Compliance with General Plan Policy HR 2.1 and Policy NR 18.1 would require that any new development protect and preserve archaeological resources from destruction, and that potential impacts to such resources be avoided and minimized through planning policies and permit conditions.

The proposed project, similar to development pursuant to the 2006 GPU, would also comply with the City's "Archaeological Guidelines (K-5)." In compliance with City Council Policy K-5, prior to the issuance of a grading permit by the City, the applicant shall retain a qualified archaeologist to periodically monitor ground - disturbing activities onsite and provide documentation of such retention to the Newport Beach Community Development Director. The archaeologist shall train project construction workers on the types of archaeological resources that could be found in site soils. The archaeologist shall periodically monitor project ground -disturbing activities. If archaeological resources are encountered, all construction work within 50 feet of the find shall cease, and the archaeologist shall assess the find for importance and whether preservation in place without impacts is feasible. Construction activities may continue in other areas. If, in consultation with the City, the discovery is determined to not be important, work will be permitted to continue in the area.

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Thus, impacts would be less than significant, and there are no changes or new significant information that would require preparation of an EIR.
c) Disturb any human remains, including those interred outside of dedicated cemeteries? No Impact. California Health and Safety Code Section 7050.5 requires that if human remains are discovered on the project site, disturbance of the site shall remain halted until the coroner has conducted an investigation into the circumstances, manner and cause of any death, and the recommendations concerning the treatment and disposition of the human remains have been made to the person responsible for the excavation, or to his or her authorized representative, in the manner provided in Section 5097.98 of the Public Resources Code. If the coroner determines that the remains are not subject to his or her authority and has reason to believe the human remains to be those of a Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission.

The proposed project, similar to development pursuant to the 2006 GPU, would comply with California Health and Safety Code Section 7050.5 and Public Resources Code Section 5097.98. Therefore, no impacts would occur, and there are no changes or new significant information that would require preparation of an EIR.

6.5.3 Cumulative Impacts
As discussed above, the proposed project would not cause a new cultural resources impact nor an increase in the severity of a cultural resources impact previously disclosed in the GPU EIR, with adherence to State and local regulations and General Plan policies discussed in this section. Implementation of the proposed project would not alter the conclusions of the GPU EIR analysis and would not result in a new or substantially more severe project -specific or cumulative cultural resources impact than those already analyzed.

6.5.4 Standard Conditions of Approval
No City of Newport Beach standard conditions are applicable to potential cultural resources for the proposed project.

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6. Environmental Analysis

6.6 ENERGY

6.6.1 Summary of Impacts Identified in the 2006 GENERAL PLAN EIR Impacts related to energy were not analyzed in the 2006 GPU EIR because they were not officially part of the CEQA Guidelines' Appendix G checklist until January 1, 2019, long after the certification date Quly 25, 2006) of the GPU EIR by the Newport Beach City Council. Therefore, the analysis of energy impacts is new in this Addendum.

However, the 2006 GPU EIR did include an analysis of the impacts on other public services or utilities, which included electricity and natural gas. Specifically, the analysis was in Section 4.14, "Utilities and Service Systems." As concluded in the 2GPU EIR, impacts to electricity and natural gas services were found to be less than significant. The electricity and natural gas analysis in Section 4.14 did not respond to the specific questions in the new energy section, which are provided below; however, the analysis (as applicable) is carried through to this new energy section for context, discussion, and comparison purposes.

6.6.2 Impacts Associated with the Proposed Project
Would the proposed project:

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Comments
a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? Less than Significant/No Changes or New Information Requiring Preparation of an EIR. The following discusses the potential energy demands from short-term construction and long-term operational energy consumption associated with the 67 residential dwelling units.

Short -Term Construction Impacts
As with the development pursuant to the 2006 GPU, construction of the proposed project would consume energy in the short term through electricity use, construction vehicles and equipment fuel consumption, and bound energy in construction materials (e.g., asphalt, steel, concrete, pipes, lumber, glass).

Electrical Energy
The majority of construction equipment would be gas or diesel powered, and electricity use during construction would vary during different phases of construction. Later construction phases could result in the use of electricity -powered equipment for interior construction and architectural coatings. It is anticipated that most of the electric -powered construction equipment would be hand tools (e.g., power drills, table saws) and lighting, which would result in minimal electricity usage during construction activities. Therefore, project -related construction activities would not result in wasteful or unnecessary electricity use, and impacts would be less than significant. Furthermore, development under the proposed project would not introduce new types of construction processes or activities compared to what was previously considered in the 2006 GPU EIR.

Therefore, the proposed project would not result in a significant impact related to electricity use during the construction phase.

Natural Gas Energy
It is not anticipated that construction equipment used for the proposed project would be powered by natural gas, and no natural gas demand is anticipated during construction. Furthermore, development under the proposed project would not introduce new types of construction processes or activities compared to what was previously considered in the GPU EIR. Therefore, the proposed project would not result in a significant impact related to natural gas usage during the construction phase.

Transportation Energy
Transportation energy use depends on the type and number of trips, vehicle miles traveled, fuel efficiency of vehicles, and travel mode. Transportation energy use during construction would come from the transport and use of construction equipment, delivery vehicles and haul trucks, and construction employee vehicles that would use diesel fuel and/or gasoline. It is anticipated that most of the off -road construction equipment, such as those used during demolition and grading, would be gas or diesel powered.

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The use of energy resources by vehicles and equipment would fluctuate according to the phase of construction.

In addition, all construction equipment would cease operating upon completion of proposed project construction. Thus, impacts related to transportation energy use during construction would be temporary and would not require expanded energy supplies or the construction of new infrastructure.

Furthermore, to limit wasteful and unnecessary energy consumption, the construction contractors are anticipated to minimize nonessential idling of construction equipment in accordance with Section 2449 of the California Code of Regulations, Title 13, Article 4.8, Chapter 9. Construction trips would also not result in unnecessary use of energy since the project site is centrally located and is served by numerous freeways (e.g., SR-73, SR-55, and I-405) that provide the most direct routes from various areas of the region.

Furthermore, development under the proposed project would not introduce new types of construction processes or activities compared to what was previously considered in the GPU EIR. No unusual project characteristics would necessitate the use of construction equipment that would be less energy efficient than for development pursuant to the 2006 GPU. Therefore, it is expected that construction fuel consumption associated with the proposed project would not be any more inefficient, wasteful, or unnecessary than the energy required for development contemplated in the 2006 GPU.

Long -Term Impacts During Operation
Operation of the proposed project would generate a new demand for building electricity and natural gas on the project site. Operational use of energy would include heating, cooling, and ventilation of the proposed 67 dwelling units; water heating; operation of electrical systems; use of on -site equipment and appliances; and indoor/outdoor lighting.

Electrical Energy
The proposed increase in electricity consumption from the proposed building is shown in Table 8, Operation - Related Electricity Consumption.12
Table 8 Operation -Related Electricity Consumption
Land Use'
Apartments Midrise 252,720
Source: CalEEMod Version 2022.1.1.14, Appendix D.

Note: kWh = kilowatt-hour
The total electricity use of 561,600 kWh/year was provided by the applicant and a PV system would provide 55% of solar/renewable electricity (equivalent to 308,880 kWh/year) resulting in a total electricity demand of 252,720 kWh/year. This is a conservative analysis as total electricity, rather than net increase, was modeled for 78 residential dwelling units.

While the proposed project would generate energy demand at the site, it would be required to comply with 24 CCR Part 6, Building Energy Code. For a residential occupancy type, compliance with the Energy Code requires building designs to include solar and battery storage under the "Prescriptive Approach," which the 12 Modeling is conservative since at the time of the analysis modeling was based on 78 residential dwelling units compared to the current proposed 67 residential dwelling units.

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Energy Code refers to as the "Standard Design Building." As described in Section 4.1.4.1, Residential Development, a photovoltaic (PV) system would be installed to provide 55 percent of the total electricity demand. Thus, project compliance with the Energy Code would ensure that the proposed multifamily residential building would achieve greater energy efficiency than the existing commercial use onsite.

In addition to the proposed building energy efficiency, Southern California Edison (SCE) is required to comply with the state's renewable portfolios standard (RPS), which mandates utilities to procure a certain proportion of electricity from eligible renewable and carbon -free sources and increase the proportion, with an ultimate procurement requirement of 100 percent by 2045. The RPS requirements would support use of electricity by the proposed project that is generated from renewable or carbon -free sources. Overall, the proposed project would generally be consistent with the goals in Appendix F of the CEQA Guidelines regarding increasing energy efficiency, decreasing reliance on fossil fuels, and increasing renewable energy sources.

As further discussed in Section 6.19, Utilities and Service Providers, the proposed project's electricity consumption would represent an insignificant percentage compared to the overall demand in the SCE's service area, including buildout in the Airport Area. The proposed project would be consistent with the requirements of these energy - related regulations, which would decrease electricity use and increase renewable electricity, and would not result in wasteful or unnecessary electricity demands. Therefore, the proposed project, similar to development pursuant to the 2006 GPU, would not result in a significant impact related to energy for building use.

Natural Gas Energy
The new natural gas consumption associated with the proposed project is shown in Table 9, Operation -Related Natural Gas Consumption. As seen in the table, the new natural gas demand by the new residential building would total 866,334 kilo -British thermal units per year following buildout of the proposed project.13 While the proposed project would result in a new natural gas demand, the proposed residential building would be consistent with the requirements of the Energy Code and would generally result in a decrease in per capita natural gas consumption compared to the existing commercial use. Compliance with the code would decrease overall reliance on fossil fuels and increase reliance on renewable energy sources for electricity generation.

Therefore, operation of the proposed project, similar to development pursuant to the 2006 GPU, would result in less than significant impacts with respect to natural gas usage.

Table 9 Operation -Related Natural Gas Consumption
Land Use Natural Gas kBTUI ear l
Apartments Midrise 866,334
Source: CaIEEMod Version 2022.1.1.14, Appendix D.

Note: kBTU=kilo-British thermal units.

The natural gas use per year is based on the proposed square footage of the proposed residential building. This is a conservative analysis as total natural gas, rather than net increase, was modeled for 78 residential dwelling units. No fireplaces are proposed for the project. 13 Modeling is conservative since at the time of the analysis modeling was based on 78 residential dwelling units compared to the current proposed 67 residential dwelling units.

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Transportation Energy
The residential building would consume transportation energy during operation when residents and visitors of the new residential building use motor vehicles. Redesignation of the project site from CO-G to MU-H2 is projected to generate a net increase of 105 weekday vehicle trips compared to the existing commercial office use (see Appendix C). However, the proposed project would be near large existing commercial and restaurant areas, potentially reducing the need to travel long distances for some residents. Moreover, the proposed project would be required to include electric vehicle (EV)-capable, EV-ready, and EV-charging stations consistent with the 2022 California Green Building Standards Code (CALGreen), which would, on average, increase reliance on electricity for transportation energy demand.

Furthermore, fuel efficiency of vehicles during the buildout year of 2025 would, on average, improve compared to vehicle fuel efficiencies experienced under existing conditions, resulting in a lower per capita fuel consumption in 2025, assuming travel distances, travel modes, and trip rates remain the same. The improvement in fuel efficiency would be attributable to the statewide fuel reduction strategies and regulatory compliances (e.g., CAFE standards) that will make new cars more fuel efficient as well as the attrition of older, less fuel - efficient vehicles. The CAFE standards are not directly applicable to land use development projects, but to car manufacturers. However, compliance with the CAFE standards by car manufacturers would ensure that vehicles produced in future years have greater fuel efficiency and would generally result in an overall benefit of reducing fuel usage by providing the population of the project site's region with more fuel -efficient vehicle options.

While the demand in electricity may increase under the proposed project, in conjunction with the regulatory (i.e., State's Renewables Portfolio Standard, SB 350, and SB 100) and general trend toward increasing the supply and production of energy from renewable sources, it is anticipated that a greater share of electricity used to power electric vehicles would be from renewable sources in future years (e.g., individual photovoltaic systems and purchased electricity from SCE). Since vehicle fuel efficiencies would improve year by year through the buildout year of 2025 and result in a decrease in overall per capita transportation energy consumption, impacts would be less than significant with respect to operation -related fuel usage compared to existing conditions.

The proposed project, similar to development pursuant to the 2006 GPU, would be consistent with the requirements of these energy -related regulations and would not result in wasteful or unnecessary fuel demands.

Therefore, the proposed project would not result in a significant impact related to transportation energy during the operational phase.

Conclusion
As substantiated above, the proposed project, as with development pursuant to the 2006 GPU, would not result in potentially significant environmental impacts due to wasteful, inefficient, or unnecessary consumption of energy resources during project construction or operation. Thus, impacts would be less than significant and there are no changes or new significant information that would require preparation of an EIR.

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b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? Less than Significant/No Changes or New Information Requiring Preparation of an EIR. The state's electricity grid is transitioning to renewable energy under California's Renewable Energy Program. Renewable sources of electricity include wind, small hydropower, solar, geothermal, biomass, and biogas. Electricity production from renewable sources is generally considered carbon neutral.

Executive Order S-14-08, signed in November 2008, expanded the state's RPS to 33 percent renewable power by 2020. This standard was adopted by the legislature in 2011 (SB X1-2).

Senate Bill 350 (de Leon) was signed into law September 2015 and establishes tiered increases to the RPS-40 percent by 2024, 45 percent by 2027, and 50 percent by 2030. Senate Bill 350 also set a new goal to double the energy -efficiency savings in electricity and natural gas through energy efficiency and conservation measures.

On September 10, 2018, Governor Brown signed SB 100, which supersedes the SB 350 requirements. Under SB 100, the RPS for publicly owned facilities and retail sellers consist of 44 percent renewable energy by 2024, 52 percent by 2027, and 60 percent by 2030. SB 100 also established a new RPS requirement of 50 percent by 2026 and a state policy that eligible renewable energy resources and zero -carbon resources supply 100 percent of all retail sales of electricity to California end -use customers and 100 percent of electricity procured to serve all state agencies by December 31, 2045. Under SB 100 the state cannot increase carbon emissions elsewhere in the western grid or allow resource shuffling to achieve the 100 percent carbon -free electricity target.

Moreover, SB 1020 was signed into law on September 16, 2022. It requires renewable energy and zero -carbon resources to supply 90 percent of all retail electricity sales by 2035 and 95 percent by 2040. SB 1020 also requires all state agencies to procure 100 percent of electricity from renewable energy and zero -carbon resources by 2035 instead of 2045, previously mandated under SB 100.

The statewide RPS goal is not directly applicable to individual development projects, but to utilities and energy providers such as SCE, which is the utility that would provide all of electricity needs for the proposed project.

Compliance of SCE in meeting the RPS goals would ensure the State in meeting its objective in transitioning to renewable energy. The proposed project would also comply with the latest Building Energy Efficiency Standards and CALGreen.

Furthermore, the project site is currently being serviced by SCE, which obtains electricity from conventional and renewable sources. In 2021, 31 percent of SCE's electricity was generated from eligible renewables, 9 percent from nuclear power, 2 percent from large hydroelectric generators, 22 percent from natural gas, and 35 percent from unspecified sources (SCE 2021). SCE has developed Pathway 2045, which is an in-depth analysis to identify a feasible and economical route to achieve carbon neutrality in California by 2045. In 2045, solar and wind will contribute the bulk of the energy supply across most hours of the day and 68 percent of the annual energy needed to serve grid demand (SCE 2019).

The net increase in power demand associated with the proposed project, similar to the projects pursuant to the 2006 GPU, is anticipated to be within the service capabilities of SCE and would not impede SCE's ability to implement California's renewable energy goals. Furthermore, a total of 2,200 units are allowed in the Airport March 2024D3 Page 105

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Area, and the proposed project would involve a redistribution of these future units, not a net increase.

Therefore, the proposed project would not obstruct a state or local plan for renewable energy and there are no changes or new significant information that would require preparation of an EIR.

6.6.3 Cumulative Impacts
As discussed above, the proposed project would not cause an energy impact nor an increase in the severity of any impact previously disclosed in the GPU EIR. Implementation of the proposed project would not alter the conclusions of the GPU EIR analysis and would not result in a new or substantially more severe project -specific or cumulative energy impacts than those already analyzed.

6.6.4 Standard Conditions of Approval
No standard conditions are applicable to the proposed project.

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6.7 GEOLOGY AND SOILS

6.7.1 Summary of Impacts Identified in the 2006 General Plan EIR Seismic Hazards
Newport Beach is exposed to risk from multiple earthquake fault zones. High risk fault zones include the Newport -Inglewood fault zone, Whittier fault zone, San Joaquin Hills fault zone, and Elysian Park fault zone.

However, none of these faults are zoned under the guidelines of the Alquist-Priolo Earthquake Fault Zoning Act. Thus, there are no Alquist-Priolo fault zones in the vicinity of the city, and no impact would occur.

The GPU would allow infill development throughout the city, consistent with existing land use patterns, intensities, and building types. The fault zones in the city each have the potential to cause moderate to large earthquakes that would cause ground shaking. Policies in the GPU would ensure that adverse effects caused by seismic and geologic hazards, such as strong seismic ground shaking, are minimized. Additionally, the California Building Code (CBC) Chapter 33 includes building design standards for the construction of new buildings and/or structures and specific engineering design and construction measures to avoid the potential for adverse impacts. Site -specific geotechnical studies and hazards assessments would be required on a project -by -project basis to determine site -specific soil properties and potential for ground failure. Furthermore, compliance with standards in the CBC requires implementation of design measures to mitigate any potential ground failure hazards. Standards related to site -specific slope stability by the City's Building Code and those related to shoring and stabilization by the California Division of Occupational Safety and Health would ensure seismic -related ground failure would be less than significant.

A considerable part of the City's mapped liquefiable areas (West Newport, Balboa Peninsula, the harbor islands and vicinity) are already built upon, mostly with residential and commercial development. A portion of the City's active oil field is also built on liquefiable soils. Furthermore, many of the areas in central and eastern Newport Beach have been identified as vulnerable to seismically induced slope failure due to steep terrain.

However, the proposed project is not within an area vulnerable to liquefaction or landslides (see Figure 17, Nemport Beach Seismic Ha.Zards).

Compliance with the standards in the current CBC would also require an assessment of hazards related to landslides and liquefaction and the incorporation of design measures into structures to mitigate this hazard if development were considered feasible. The City has included policies in its Safety Element to achieve the goal of minimizing the risk of injury, loss of life, and property damage caused by earthquake hazards or geologic disturbances. Additionally, if any development on steep terrain were to occur upon implementation of the GPU, site -specific slope stability design would be required to ensure adherence to the standards in Appendix Chapter A33, Excavation and Grading, of the City Building Code, as well as to California Division of Occupational Safety and Health (Cal/OSHA) requirements for shoring and stabilization. After compliance with applicable regulations as well as policies in the GPU, impacts would be less than significant.

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6. Environmental Analysis
Figure 17 - Newport Beach Seismic Hazards
tProj
Costa Mesa is/ ct Site
Irvine
4 Newport Beach
i ' a Areas of Liquifaction Potential
Areas of Landslide Potential
%4
1 � ' f
T 'J
^A� rrLit �f `1
0 1.5
Scale (Feet)
Source: EIP Associates 2006.

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Soil Erosion and Compressible Soils
Much of the City is built out and topsoil erosion is not an issue because there is no exposed topsoil or any agricultural or biological production that would be affected. Soil erosion is a significant problem in Newport Beach because wave actions along the coast cause sediment and coastal bluff erosion. However, the project site is not near the coast.

All demolition and construction activities within the City would be required to comply with CBC Chapter 70 standards, which would ensure implementation of appropriate measures during grading activities to reduce soil erosion. In addition, all new developments would be subject to regional and local regulations pertaining to construction activities. Specifically, development that is greater than one acre would be required to comply with the provisions of the General Construction Activity Stormwater Permit adopted by the State Water Resources Control Board (SWRCB), which would require the employment of BMPs to limit the extent of eroded materials from a construction site. All development that is less than one acre would be required to comply with the provisions of the National Pollutant Discharge Elimination System (NPDES) MS4 permit regulations concerning the discharge of eroded materials and pollutants from construction sites.

Compliance with policies in the GPU` would further ensure that new development would not result in substantial soil erosion or loss of topsoil. Compliance with the NPDES permit would minimize effects from erosion and ensure consistency with the Regional Water Quality Control Board (RWQCB) Water Quality Control Plan. In view of these policies, implementation of the GPU would have a less than significant impact associated with soil erosion or topsoil.

Furthermore, compressible soils underlie a significant part of the City. Under the added weight of fill embankments or buildings, these sediments will settle, causing distress to improvements. Also, some of the geologic units in the Newport Beach area, including both surficial soils and bedrock, have fine-grained components that are moderate to highly expansive. These materials may be present at the surface or exposed by grading activities. Man-made fills can also be expansive, depending on the soils used. An acceptable degree of soil stability is required by the Building Code and can be achieved for expansive or compressible material by the incorporation of soil treatment programs (replacement, grouting, compaction, drainage control, etc.) in the excavation and construction plans to address site -specific soil conditions. A site -specific evaluation of soil conditions is required by the City's Building Code and must contain recommendations for ground preparation and earthwork specific to the site that become an integral part of the construction design. As part of the construction permitting process, the City requires completed reports of soil conditions at specific construction sites to identify potentially unsuitable soil conditions, including liquefaction, subsidence, and collapse.

Adherence to the City's codes and policies in the GPU would ensure the maximum practicable protection for users of buildings and infrastructure and associated trenches, slopes, and foundations, and impacts are less than significant.

Paleontological Resources
Paleontological resources were analyzed in the 2006 GPU EIR, which concluded that impacts would be less than significant. The City has known significant paleontological resources, including portions of the Vaqueros formation that underlie the Newport Coast, Newport Banning Ranch, the Topanga and Monterey Formations,

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and Fossil Canyon in the North Bluffs area. Therefore, paleontological resources may be present in fossil - bearing soils and rock formations below the ground surface.

Grading and excavation activities where there is a potential to affect paleontological resources would be monitored by a qualified paleontologist, and all scientifically valuable paleontological resources would be donated to responsible public or private institutions (per Goal FIR 2 and NR 18 of the 2006 General Plan).

The Newport Beach City Council also established "Paleontological Guidelines (K-4)" requiring the City to prepare and maintain sources of information regarding paleontological sites. Thus, impacts to paleontological resources would be less than significant.

6.7.2 Impacts Associated with the Proposed Project
Would the proposed project:

Less Than
Significant
Substantial
Impacts/No
Substantial
Change in
New
Changes or
Change in
Circum-
Information
New
Project
stances
Showing New
Information
Requiring
Requiring
or Increased
Requiring
Major EIR
Major EIR
Significant
Preparation of
Environmental Issues
Revisions
Revisions
Effects
an EIR
No Impact
a) Directly or indirectly cause potential
substantial adverse effects, including the risk
of loss, injury, or death involving:
i) 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
X
evidence of a known fault? Refer to
Division of Mines and Geology Special
Publication 42.
ii) Strong seismic ground shaking?
X
iii) Seismic -related ground failure, including
liquefaction?
X
iv) Landslides?
X
b) Result in substantial soil erosion or the loss of
topsoil?
X
c) 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
X
on- or off -site landslide, lateral spreading,
subsidence, liquefaction or collapse?
d) Be located on expansive soil, as defined in
Table 18-1-B of the Uniform Building Code
(1994), creating substantial direct or indirect
::1
X
risks to life or property?
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Geotechnical Exploration Deport Proposed Multi -Family Residential Development 1401 Quail Street, Leighton and Associate, June 23,2022.

Comments
a) Directly or indirectly cause substantial adverse effects, including the risk of loss, injury, or death involving:
i) 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? Refer to Division of Mines and Geology Special Publication 42.

No Impact. There are no Alquist-Priolo fault zones in t Newport Beach. Therefore, the proposed project, similar to development pursuant to the 2006 GPU, would have no impact. There are no changes or new information requiring preparation of an FIR. ii) Strong seismic ground shaking?
Less Than Significant/No Changes or New Information Requiring Preparation of an EIR.

Compared to land uses under the General Plan, the proposed project would introduce up to 67 housing units on the project site. The closest active fault to the site with the potential for surface fault rupture is the Newport -Inglewood Fault Zone, approximately 4.9 miles from the site. The San Andreas fault, which is the largest active fault in California, is approximately 40 miles northeast of the site.

Construction of the proposed project would be required to conform to the seismic design requirements of the 2022 CBC (or applicable adopted code at the time of plan submittal or grading and building permit issuance for construction), which would reduce anticipated impacts related to the proximity of earthquake faults by requiring structures to be built to withstand seismic ground shaking.

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Additionally, the proposed project would need to comply with the Newport Beach Municipal Code, Chapter 15.10, Excavation and Grading Code, which requires approval of a geotechnical exploration report. The Excavation and Grading Code also requires that recommendations in the report and approved by the building officials be incorporated in grading plans or specifications.

Compliance with municipal code and applicable CBC requirements would not expose persons or structures to seismic hazards, and impacts associated with the proposed project would be less than significant. The proposed project would not result in a new specific impact or an increase in the severity of an impact that was identified in the GPU EIR and would therefore be consistent with the effects of implementation of the General Plan, and no further analysis is required. iii) Seismic -related ground failure, including liquefaction? Less Than Significant/No Changes or New Information Requiring Preparation of an EIR.

The proposed project is not mapped within an area vulnerable to liquefaction or landslides, and the low -plasticity clayey soil below the site was found to be stiff and impacted with carbonate. Soils of this type are generally not subject to the adverse effects of liquefaction. The site is also relatively flat. There are no other known geologic conditions on the project site that would render development infeasible.

Additionally, compliance with the municipal code and General Plan policies SC 3.6-1 and SC 3.6-2 would reduce the risk associated with seismic -related ground failure and associated liquefaction, lateral spreading, or subsidence to a less than significant level. The proposed project would not result in a new specific impact or an increase in the severity of an impact that was identified in the GPU EIR and would therefore be consistent with the effects of implementation of the General Plan and no further analysis is required.
iv) Landslides?
No Impact. See response to Section 6.7.2 a(iii). The project site is not within a landslide zone, and no impacts would arise. Thus, there are no changes or new information requiring preparation of an EIR. b) Result in substantial soil erosion or the loss of topsoil? Less than Significant/No Changes or New Information Requiring Preparation of an EIR. Since the city is mostly built out, topsoil erosion is not an issue, especially in developed areas like the project site.

Nevertheless, soil erosion is a concern in Newport Beach. The demolition and construction of the proposed project, similar to all development in Newport Beach, would comply with CBC Chapter 70 standards, which would ensure implementation of appropriate measures during grading activities to reduce soil erosion. In addition, the proposed project, similar to applicable development pursuant to the 2006 General Plan, would implement the requirements of the Construction General Permit, the RWQCB's Water Quality Control Plan, and the provision of the NPDES MS4 regulations. The 2006 GPU also includes policies that address soil erosion. Compliance with policies in the 2006 GPU and regulatory requirements would reduce impacts to less than significant. Thus, there are no changes or new information requiring preparation of an EIR.

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c) 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.

Less than Significant/No Changes or New Information Requiring Preparation of an EIR.

Compressible soils underlie a significant part of the city, and some geologic units in the Newport Beach area are moderately to highly expansive. The geotechnical exploration report concluded that the upper five feet of silty sand on the project site had a very low potential for expansion. However, the approximate foundation level for the subterranean parking lot, at 15 feet below ground surface, would be exposed to clays with a high expansion potential. The results of onsite testing indicate that the soils on the project site exhibit a low to moderate compressibility potential.

The proposed project, similar to development pursuant to the 2006 General Plan, would comply with the requirements for expansive or compressible material in the 2022 CBC. Furthermore, per the City Building Code, the geotechnical exploration report includes a site -specific evaluation of soil conditions and recommendations for ground preparation and earthwork specific to the site. Compliance with the CBC, the City's codes, and policies in the General Plan would ensure impacts would be less than significant. Thus, there are no changes or new information requiring preparation of an EIR. d) Be located on expansive soil, as defined in Table 19-1-B of the Uniform Building Code (1994), creating substantial risks to life or property?
Less than Significant/No Changes or New Information Requiring Preparation of an EIR.

See response to Section 6.7.2c.
e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? No Impact. The City of Newport Beach is almost entirely built out with established utility services. Therefore, the proposed project, similar to development pursuant to the 2006 General Plan, would not require the use of septic tanks and no impacts would arise. There are no changes or new information requiring preparation of an EIR.
f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Less than Significant/No Changes or New Information Requiring Preparation of an EIR. The proposed project, similar to development pursuant to the 2006 General Plan, would adhere to the General Plan policies under Goals HR 2 and NR 18 in case future development requires ground -disturbing activities that may impact previously undisturbed grounds. New development would:
■ Protect and preserve paleontological resources from destruction and avoid and mitigate impacts to such resources.

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Require a qualified paleontologist to monitor all grading and/or excavation where there is a potential to affect paleontological resources. If these resources are found, the applicant shall implement the recommendations of the paleontologist, subject to the approval of the City Planning Department. ■ Donate any scientifically valuable paleontological materials to a responsible public or private institution with a suitable repository, located within Newport Beach, or Orange County, whenever possible.

Furthermore, the proposed project, similar to development pursuant to the 2006 General Plan, would comply with the City's "Paleontological Guidelines (K-4)." In compliance with City Council Policy K-4, prior to the issuance of a grading permit by the City, the applicant shall retain a qualified paleontologist to be available on - call during ground -disturbing activities onsite and provide documentation of such retention to the Community Development Director. If fossils are encountered, all construction work within 50 feet of the find shall cease, and the paleontologist shall assess the find for importance. Construction activities may continue in other areas.

If, in consultation with the City, the discovery is determined to not be important, work will be permitted to continue in the area. Any resource shall be curated at a public, nonprofit institution with a research interest in the materials, such as the Natural History Museum of Los Angeles County or the Cooper Center (a partnership between California State University, Fullerton and the County of Orange). Thus, impacts would be less than significant, and there are no changes or new significant information that would require preparation of an EIR.

6.7.3 Cumulative Impacts
As discussed above, the proposed project would not cause a new geologic impact to occur, nor an increase in the severity of a geologic impact previously disclosed in the General Plan Program EIR. Implementation of the proposed project would not alter the conclusions of the GPU EIR analysis and would not result in a new or substantially more severe project -specific or cumulative geologic impact than those already analyzed.

6.7.4 Standard Conditions of Approval
No City of Newport Beach standard conditions for Geology and Soils are applicable to the proposed project.

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6.8 GREENHOUSE GAS EMISSIONS

6.8.1 Summary of Impacts Identified in the 2006 General Plan EIR The 2006 GPU EIR did not evaluate greenhouse gas emissions impacts because it was prior to Senate Bill 97 (SB 97), which went into effect January 1, 2010. Thus, GHG was not included in the CEQA Guidelines Appendix G checklist, and the City did not have adopted thresholds at the time of preparation.

Scientists have concluded that human activities are contributing to global climate change by adding large amounts of heat -trapping gases, known as greenhouse gases (GHG), into the atmosphere. The primary source of these GHGs is fossil fuel use. The Intergovernmental Panel on Climate Change (IPCC) has identified four major GHGs—water vapor, carbon dioxide (CO2), methane (CH4), and ozone (03)—that are the likely cause of an increase in global average temperatures observed within the 20th and 21 st centuries. Other GHG identified by the IPCC that contribute to global warming to a lesser extent include nitrous oxide (N20), sulfur hexafluoride (SF6), hydrofluorocarbons, perfluorocarbons, and chlorofluorocarbons.14 Information on manufacture of cement, steel, and other "life cycle" emissions that would occur as a result of the project are not applicable and are not included in the analysis.15 Black carbon emissions are not included in the GHG analysis because the California Air Resources Board (CARB) does not include this short-lived climate pollutant in the state's Senate Bill 32 (SB 32) and Assembly Bill 1279 (AB 1279) inventory but treats it separately.16
14 Water vapor (H20) is the strongest GHG and the most variable in its phases (vapor, cloud droplets, ice crystals). However, water vapor is not considered a pollutant, but part of the feedback loop rather than a primary cause of change. 15 Life cycle emissions include indirect emissions associated with materials manufacture. However, these indirect emissions involve numerous parries, each of which is responsible for GHG emissions of their particular activity. The California Resources Agency, in adopting the CEQA Guidelines Amendments on GHG emissions found that lifecycle analyses was not warranted for project - specific CEQA analysis in most situations, for a variety of reasons, including lack of control over some sources, and the possibility of double -counting emissions (CNRA 2018). Because the amount of materials consumed during the operation or construction of the proposed project is not known, the origin of the raw materials purchased is not known, and manufacturing information for those raw materials are also not known, calculation of life cycle emissions would be speculative. A life -cycle analysis is not warranted (OPR 2008).
16 Particulate matter emissions, which include black carbon, are analyzed in Section 6.3, AirQuality. Black carbon emissions have sharply declined due to efforts to reduce on -road and off -road vehicle emissions, especially diesel particulate matter. The state's existing air quality policies will virtually eliminate black carbon emissions from on -road diesel engines within 10 years (GARB 2017).

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6.8.2 Impacts Associated with the Proposed Project
Would the proposed project:

Comments
a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?
Less Than Significant Impacts/No Changes or New Information Requiring Preparation of an EIR.

Global climate change is not confined to a particular project area and is generally accepted as the consequence of global industrialization over the last 200 years. A typical project, even a very large one, does not generate enough greenhouse gas emissions on its own to influence global climate change significantly; hence, the issue of global climate change is by definition a cumulative environmental impact.

Project -related construction and operation -phase GHG emissions are shown in Table 10, Pr ject-Kelated GHG Emissions.17 Implementation of the proposed project would result in the construction of 67 condominiums, which would generate GHG emissions. The annual average construction emissions were amortized over 30 years and included in the emissions inventory to account for one-time GHG emissions from the construction phase of the project.
17 Modeling is conservative since at the time of the analysis modeling was based on 78 residential dwelling units compared to the current proposed 67 residential dwelling units.

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Table 10 Project -Related GHG Emissions
Source
GHG
(MTCO2eNear)
Mobile trips'
202
Areal
2 Energy3
86 Water4
0 Solid Wastes
0 Refrigerants6
0 30-Year Amortized Construction Emissions'
63 Total
353
South Coast AQMD Working Group Bright -Line Threshold
3,000 MTCO2e/Yr
Exceeds Bright -Line Threshold?
No
Source: CaIEEMod, Version 2022.1.1.14. (see Appendix D) Notes: MTons = metric tons; MTCO2e = metric ton of carbon dioxide equivalent 1 Modeled net increase in mobile trips associated with 78 residential dwelling units. 2 Conservatively modeled as total usage, rather than a net increase, for 78 residential dwelling units. Area sources estimate emissions from hearths, consumer products, architectural coatings, and landscaping equipment. 3 Conservatively modeled as total usage, rather than a net increase, for 78 residential dwelling units. Total electricity usage was provided by applicant, a PV system would also provide approximately 55% of total electricity use. 4 Modeled net increase in indoor/outdoor water and wastewater generation for 78 residential dwelling units. 5 Modeled as 0 tons/year due to net decrease compared to existing conditions as conservative estimate. 6 Conservatively modeled as total usage for 78 residential dwelling units, rather than a net increase, using CalEEmod default. 7 Total construction emission are amortized over 30 years per South Coast AQMD methodology (South Coast AQMD 2008).

Water demand, wastewater and solid waste generation, and energy demand for the project site would incrementally increase due to the introduction of 67 multifamily rental units. However, the 67 units would be within the overall 2,200 maximum units for the Airport Area for the MU-H2 designation, and the number of maximum allocated units in the Airport Area would not be increased compared to what was analyzed in the GPU EIR. As shown in Table 10, construction and operation of the proposed project would not generate annual emissions that exceed the South Coast AQMD Working Group bright -line threshold of 3,000 metric tons of carbon dioxide equivalent (MTCO2e) per year (South Coast AQMD 2008). Therefore, the proposed project's cumulative contribution to GHG emissions would be less than significant.

GHG emissions from building energy use would be minimized because the existing commercial office buildings would be replaced with newer, more energy -efficient residential building that meet the current California Building and Energy Efficiency Standards and CALGreen. Moreover, the proposed project would be required to include EV-capable, EV-ready, and EV-charging stations, consistent with the 2022 CALGreen, that would support cleaner, alternative vehicles.

Furthermore, as discussed in Section 6.3.2(b), it is anticipated that the construction activities and construction - related emissions under the proposed project would be similar to what was previously considered in the GPU EIR. Therefore, implementation of the proposed project is not anticipated to result in a substantial

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increase in GHG emissions compared to what was previously considered in the GPU EIR. Overall, there are no changes or new significant information that would require preparation of an EIR. b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases?
Less Than Significant Impacts/No Changes or New Information Requiring Preparation of an EIR.

Applicable plans adopted for the purpose of reducing GHG emissions include CARB's Scoping Plan and the SCAG's Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS). A consistency analysis with these plans is presented below.

CARB's 2022 Scoping Plan
CARB's latest Climate Change Scoping Plan (2022) outlines the State's strategies to reduce GHG emissions in accordance with the targets established under AB 32, SB 32, and AB 1279 (CARB 2022). The Scoping Plan is applicable to State agencies and is not directly applicable to cities/counties and individual projects. Nonetheless, the Scoping Plan has been the primary tool that is used to develop performance -based and efficiency -based CEQA criteria and GHG reduction targets for climate action planning efforts.

Statewide strategies to reduce GHG emissions in the 2022 Climate Change Scoping Plan include: implementing SB 100, which expands the RPS to 60 percent by 2030; expanding the Low Carbon Fuel Standards to 18 percent by 2030; implementing the Mobile Source Strategy to deploy zero -electric vehicle buses and trucks; implementing the Sustainable Freight Action Plan; implementing the Short -Lived Climate Pollutant Reduction Strategy, which reduces methane and hydrofluorocarbons to 40 percent below 2013 levels by 2030 and black carbon emissions to 50 percent below 2013 levels by 2030; continuing to implement SB 375; creating a post- 2020 Cap -and -Trade Program; and developing an Integrated Natural and Working Lands Action Plan to secure California's land base as a net carbon sink.

Statewide strategies to reduce GHG emissions include the low carbon fuel standards, California Appliance Energy Efficiency regulations, California Renewable Energy Portfolio standard, changes in the Corporate Average Fuel Economy standards, and other early action measures as necessary to ensure the State is on target to achieve the GHG emissions reduction goals of AB 32, SB 32, and AB 1279. The GHG emissions associated with the land uses accommodated under the GPU EIR would be reduced through compliance with these statewide measures that have been adopted. In addition, new developments are required to comply with the current Building Energy Efficiency Standards and CALGreen.

Similarly, the proposed project's GHG emissions would also be reduced through compliance with these statewide measures and is not anticipated to conflict with implementation of the CARB 2022 Scoping Plan.

Therefore, there are no changes or new significant information that would require preparation of an EIR.

SCAG's Regional Transportation Plan/Sustainable Communities Strategy SCAG adopted the 2020-2045 RTP/SCS (Connect SoCal) in September 2020. Connect SoCal finds that land use strategies that focus on new housing and job growth in areas rich with destinations and mobility options would be consistent with a land use development pattern that supports and complements the proposed March 2024D3 Page 119

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transportation network. The overarching strategy in Connect SoCal is to plan for the southern California region to grow in more compact communities in transit priority areas and priority growth areas; provide neighborhoods with efficient and plentiful public transit; establish abundant and safe opportunities to walk, bike, and pursue other forms of active transportation; and preserve more of the region's remaining natural lands and farmlands (SCAG 2020). Connect SoCal's transportation projects help more efficiently distribute population, housing, and employment growth, and forecast development is generally consistent with regional - level general plan data to promote active transportation and reduce GHG emissions. The projected regional development, when integrated with the proposed regional transportation network in Connect SoCal, would reduce per -capita GHG emissions related to vehicular travel and achieve the GHG reduction per capita targets for the SCAG region. The Connect SoCal Plan does not require that local general plans, specific plans, or zoning be consistent with the SCS, but provides incentives for consistency to governments and developers.

Because the proposed project would be within the development capacity considered under the GPU EIR (the 67 residential units are within the anticipated 2,200 replacement units allocated to the Airport Area in the GPU), its implementation would not result in additional growth compared to the growth forecasted in the GPU EIR.

Thus, implementation of the proposed project would not interfere with SCAG's ability to implement the regional strategies in Connect SoCal. Therefore, there are no changes or new significant information that would require preparation of an EIR.

6.8.3 Cumulative Impacts
Project -related GHG emissions are not confined to a particular air basin but are dispersed worldwide.

Therefore, it is accepted as very unlikely that any individual development project would have GHG emissions of a magnitude to directly impact global climate change. Project -related GHG emissions under Section 6.8.2(a) are not project -specific impacts to global warming, but the proposed project's contribution to this cumulative impact.

As discussed above, project -related construction and operation -phase GHG emissions would be below South Coast AQMD's Working Group bright -line threshold. Furthermore, the proposed residential development would include design features, such as installation of a PV system and EV parking infrastructure, to be energy efficient in compliance with the latest Building and Energy Efficiency Standards. Overall, the proposed project's cumulative GHG impacts would be less than cumulatively considerable.

6.8.4 Standard Conditions of Approval
No City of Newport Beach standard conditions are applicable to Greenhouse Gas emissions for the proposed project.

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6.9 HAZARDS AND HAZARDOUS MATERIALS

6.9.1 Summary of Impacts Identified in the 2006 General Plan EIR Hazardous Materials
The 2006 GPU EIR found that implementation of the GPU could result in an increase in commercial development that could increase the overall routine transport, use, storage, and disposal of hazardous materials in the city.

Construction activities associated with implementation of the GPU could result in the release of hazardous materials to the environment through reasonably foreseeable upset and accident conditions. Compliance with existing regulations and GPU policies would ensure that construction workers and the general public would not be exposed to any unusual or excessive risks related to hazardous materials during construction activities.

Therefore, impacts associated with the exposure of construction workers and the public to hazardous materials during construction activities would be less than significant.

Operation of future land uses that could be developed under the GPU could 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. Compliance with Titles 8, 22, 26, and 49 of the California Code of Regulations, and their enabling legislation in Chapter 6.95 of the California Health and Safety Code, would ensure that this impact is less than significant by requiring compliance with applicable laws and regulations that would reduce the risk of hazardous materials use, transportation, and handling through the implementation of established safety practices, procedures, and reporting requirements.

Implementation of the GPU could emit hazardous emissions or handle acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school. The closest school to the project site is the Newport Montessori School 0.41 mile to the southwest. Businesses that handle hazardous materials would be required to comply with Article 1 of the California Health and Safety Code and would prepare and implement a business emergency plan. Development would also implement the provisions of the City's Fire Code. With the implementation of these regulatory requirements impacts were found to be less than significant.

Furthermore, the GPU EIR listed sites which were included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5; thus, implementation of the GPU could create a significant hazard to the public or the environment. The 2006 GPU EIR found that hazard impacts arising from existing hazardous materials sites would be less than significant after implementation of the GPU policies.

Airport -Related Hazards
Newport Beach borders the southeastern portion of JWA and lies under the approach path for Long Beach Airport. The 2006 GPU EIR found that the potential growth and development that could occur through implementation of the GPU could place people at risk for an aviation hazard. The northern inland portions of the city to the south just past Fashion Island are in the AELUP's height restriction zone for JWA. The AELUP March 2024D3 Page 121

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referenced in the GPU EIR was dated December 19, 2002. Airport -related hazards were found to be less than significant after implementation of General Plan policies.

Subsequent to the adoption of the 2006 GPU, the 2008 AELUP was adopted by the ALUC on April 17, 2008.

The 2008 AELUP included Safety Zones that depict which land uses are acceptable and which are unacceptable in various portions of airport environs. Safety zones in the city range from Zone 1 to Zone 6; land use restrictions are greatest in Zone 1 and least restrictive in Zone 6.

Most of the Airport Area is in Safety Zone 6 for the long runway (Runway 19R/1L) at JWA. However, some areas are within Safety Zone 3 for the short runway (Runway 19L/1R) (see Figure 18, AirportArea Safety Zones).

Safety Zone 3
General Plan Policy LU 6.15.7, Overall Density and Housing Types, for mixed use districts (MU-H2) stipulates that residential units be developed at a minimum density of 30 units and a maximum of 50 units averaged over the total area of each residential village. The placement of high -density housing is not consistent with the land use compatibility standards for Safety Zone 3.

Safety Zone 6
Restricted land uses in Safety Zone 6 consist of outdoor stadiums and similar uses with very high intensities— children's schools, large day care centers, hospitals, and nursing homes. Compatible land uses in the proposed MU-142 zone include office; research and development; and similar uses that support the primary office and business park functions, such as retail and financial services, while allowing for the reuse of properties for the development of cohesive residential villages that are integrated with business park uses. Land uses permitted in the proposed MU-H2 zone would not conflict with prohibited land uses in Safety Zone 6.

By abiding by the standards of the Safety Zones, impacts were found to be less than significant.

FAR Part 77 Height Restrictions Compared to Maximum Permitted Building Heights The entire Airport Area is within the Height Restriction Zone designated in the AELUP for John Wayne Airport (see Figure 13). In most of the Airport Area the height limit is 206 feet amsl.

By abiding by the City of Newport Beach Planned Community regulations and the Height Restriction Zone in the Airport Environs Land Use Plan for John Wayne Airport, impacts were found to be less than significant.

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6.9.2 Impacts Associated with the Proposed Project
Would the project:

Less Than
Significant
Impacts/No
Substantial
Substantial
New Information
Changes or New
Change in
Change in
Showing New or
Information
Project Requiring
Circum-stances
Increased
Requiring
Major EIR
Requiring Major
Significant
Preparation of
Issues
Revisions
EIR Revisions
Effects
an EIR
No Impact
a) Create a significant hazard to the public or the
environment through the routine transport, use, or
X
disposal of hazardous materials?
b) Create a significant hazard to the public or the
environment through reasonably foreseeable upset
and accident conditions involving the release of
X
hazardous materials into the environment?
c) Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or waste
within one -quarter mile of an existing or proposed
X
school?
d) Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code § 65962.5 and, as a result, would
X
it create a significant hazard to the public or the
environment?
e) For a project located 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,
would the project result in a safety hazard or
X
excessive noise for people residing or working in the
project area?
f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency
X
evacuation plan?
g) Expose people or structures, either directly or
indirectly, to a significant risk of loss, injury or death X
involving wildland fires?
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All
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emir
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i
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6. Environmental Analysis
Figure 18 - Airport Area Safety Zones
. � 1
r '•� 405
Project Boundary
City Boundary
Long Runway
Safety Zones
Q1
- Runway Protection Zone
Q2
- Inner Approach/Departure Zone
Q3
- Inner Turning Zone
4 - Outer Approach/Departure Zone
5 - Sideline Zone
6 - Traffic Pattern Zone
Short Runway Safety Zones
Q1
- Runway Protection Zone
Q2
- Inner Approach/Departure Zone
Q3
- Inner Turning Zone
4 - Outer Approach/Departure Zone
_
5 - Sideline Zone
Q6
- Traffic Pattern Zone
0 1,300
Scale (Feet)
Source: Orange County Airport Land Use Commission Airport Environs Land Use Plan for John Wayne Airport 2008. T Place WIorks

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Comments
a) Create a significant hazard to the public or the environment through the routine transport, storage, production, use, or disposal of hazardous materials?
Less than Significant/No Changes or New Information Requiring Preparation of an EIR. The proposed project, similar to development pursuant to the 2006 GPU, would comply with regulations and standards established by the EPA, the State, Orange County, the City of Newport Beach, and the Newport Beach Fire Department (NBFD). Furthermore, the proposed project, similar to development pursuant to the 2006 GPU, would implement the rules and regulations of the South Coast AQMD, California Division of Occupational Safety and Health (Cal/OSHA), the California Department of Toxic Substance Control, the Orange County Department of Environmental Health, and the Santa Ana RWQCB. Compliance with regulatory requirements would ensure that the proposed project would not create a significant hazard to the public or the environment through the routine transport, storage, production, use, or disposal of hazardous materials. Thus, similar to the 2006 GPU, impacts would be less than significant and there are no changes or new information requiring preparation of an EIR.
b) 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? Less than Significant/No Changes or New Information Requiring Preparation of an EIR. The proposed project, similar to development pursuant to the 2006 GPU, would be subject to the City of Newport Beach Emergency Management Plan. The emergency management plan would reduce impacts associated with emergency response and evacuation in the City.

Furthermore, the proposed project, similar to development pursuant to the 2006 GPU, would be constructed and operated with strict adherence to all emergency response plan requirements set forth by OC Environmental Health Department and the NBFD. The proposed project would also abide by the requirements of Title 22, Division 4.5, of the California Code of Regulations (CCR) and the California Fire Code (CCR Title 24 Part 9).

Title 22 specifies the requirements for transporting shipments of hazardous waste, including manifesting, vehicle registration, and emergency accidental discharges during transportation. The California Fire Code sets requirements pertaining to fire safety and life safety, including for building materials and methods, fire protection systems in buildings, emergency access to buildings, and handling and storage of hazardous materials. Additionally, commercial business within the proposed project would prepare business plans that must include emergency response plans and procedures to be used in the event of a significant or threatened significant release of a hazardous material.

With the implementation of the emergency management plan and regulatory requirements, impacts of the proposed project, similar to development pursuant to the 2006 GPU, would be less than significant. Therefore, there are no changes or new information requiring preparation of an EIR.

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c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? No Impact. Newport Montessori School is 0.41 mile southwest of the project site. Therefore, there would be no impact to sensitive receptors at the school. There are no changes or new information requiring preparation of an EIR.
d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code § 65962.5 and, as a result, would it create a significant hazard to the public or the environment?
Less than Significant/No Changes or New Information Requiring Preparation of an EIR. An updated data search was conducted for this Addendum, as shown in Table 11. The table shows areas within 0.25 mile of the project site that are listed on the GeoTracker18 and EnviroMapper" databases. The EnviroStor20 database yielded no results. As shown in the table, there are no listed sites on all three databases within the project area.

All hazardous materials sites listed in Table 11 are known to regulatory agencies and all the GeoTracker cases have been closed. The small quantity generator (SQG) listings document the presence of hazardous materials on those sites, but do not document hazardous releases.

Regulatory requirements for hazardous issues related to the project site would be the same for 2006 General Plan uses as for the currently proposed project. The changes due to the proposed project do not change the conclusions in the GPU EIR and there are no changes or new information requiring preparation of an EIR. 18 GeoTracker is the California Water Boards' data management system for sites that impact, or have the potential to impact, water quality in California, with emphasis on groundwater. GeoTracker contains records for sites that require cleanup, such as Leaking Underground Storage Tank (LUST) Sites, Department of Defense Sites, and Cleanup Program Sites. GeoTracker also contains records for various unregulated projects as well as permitted facilities including: Irrigated Lands, Oil and Gas production, operating Permitted USTs, and Land Disposal Sites.
19 EnviroMapper is the U.S. EPA's databases that includes information about environmental activities that may affect air, water, and land anywhere in the United States.
20 EnviroStor is the Department of Toxic Substances Control's data management system for tracking cleanup, permitting, enforcement and investigation efforts at hazardous waste facilities and sites with known contamination or sites where there may be reasons to investigate further.

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Table 11 GeoTracker, EnviroStor, and EnviroMapper Info Sites Area
Database
Site Name and Address'!
Type of Site
Case Status
Within 0.25
GeoTracker
Former Fletcher Jones/ Holtze
LUST Cleanup Site
Case closed
mile
Development Site
Potential Contaminants Of Concern
7/13/1999
1301 Quail St
Diesel, Gasoline, Solvents, Waste Oil / Motor /
Newport Beach
Hydraulic / Lubricating
Media: SOIL
Jim Slemons Imports
LUST Cleanup Site
Case closed
1301 Quail St
Gasoline, Waste Oil / Motor / Hydraulic /
10/22/1987
Newport Beach
Lubricating
Media: Under Investigation
Jim Slemons Imports
LUST Cleanup Site
Case closed
1301 Quail St
Gasoline
10/21/1996
Newport Beach
Media: Other Groundwater (Uses Other Than
Drinking Water)
Westerly Place
LUST Cleanup Site
Case closed
1500 Quail St
Diesel
12/9/1996
Newport Beach,
Media: Soil
EnviroMapper
Fletcher Jones Management Group
EIS
-
1301 Quail St
Newport Beach
Jim Slemons
SQG
1101 Quail St
Newport Beach
Rx Cleaners
SQG
1000 Bristol St N
Newport Beach
Innovative Waste Control Inc
Hazardous Waste Transporter
1300 Bristol St N
Newport Beach
Anaheim Commerce Center
SQG
1400 Bristol St N
Newport Beach
Adme Inc
Other Hazardous Waste Activities
3610 Birch St Ste 100
Newport Beach
EnviroStor
None
None Listed
None
Sources: SWRCB 2023; US EPA 2023; DTSC 2023.

Notes: LUST — Leaking Underground Storage Tank
SQG - Small Quantity Generators
EIS - Emission Inventory System: maintains an inventory of large stationary sources and voluntarily -reported smaller sources of air point pollution emitters. e) For a project located 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, would the project result in a safety hazard or excessive noise for people residing or working in the project area? Less than Significant/No Changes or New Information Requiring Preparation of an EIR. The project site is in Long Runway Safety Zone 6, Traffic Pattern Zone (see Figure 18). Zone 6 allows residential uses and

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most nonresidential uses except outdoor stadiums and similar uses with very high intensities. Children's schools, large day care centers, hospitals, and nursing homes must be avoided in this zone. The proposed project's land use limitations correspond with the compatible land uses defined for Zone 6. Furthermore, the project site is at an elevation of 51 feet amsl with a proposed building height of 81 feet. The FAA height restriction is at 206 feet amsl (see Figure 13). Potential project impacts associated with airport -related noise impacts are addressed in Section 6.13, Noise.

With implementation of regulations specified in the AELUP, the proposed project, similar to development pursuant to the 2006 GPU, would have a less than significant impact. Thus, there are no changes or new information requiring preparation of an EIR.
f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
Less than Significant/No Changes or New Information Requiring Preparation of an EIR. The proposed project involves changes in land use designations and would introduce up to 67 residential units to the project site. Since the residential units would be within the 2,200 housing units already allocated for the MU-142 area, it would not increase residential units within the overall Airport Area.

The City of Newport Beach Emergency Management Plan guides responses to extraordinary emergency situations associated with natural disasters, technological incidents, and nuclear defense operations. Updating the emergency management plan every three years to incorporate changes to the city, including potential changes in traffic conditions from the proposed project, would reduce impacts associated with emergency response and evacuation in the city to less than significant. Thus, there are no changes or new information requiring preparation of an EIR.
g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires?
No Impact/No Changes or New Information Requiring Preparation of an EIR. Refer to Section 6.20.

There are no impacts and no changes or new significant information that would require preparation of an EIR.

6.9.3 Cumulative Impacts
Impacts associated with hazardous materials are often site specific. The GPU EIR evaluates Recognized Environmental Conditions in connection with the project site and surrounding area. Impacts related to hazards and hazardous materials were considered less than significant and no mitigation was required under the GPU EIR. As identified in the GPU EIR, the 2006 General Plan would continue to develop new land uses in the city, possibly exposing persons to hazardous materials through improper handling or use of hazardous materials or hazardous wastes during construction or operation of future developments, or proposed land uses in areas that would create hazards for people working or residing in the area. However, compliance with all applicable federal, State, and local regulations related to hazardous materials on a project -by -project basis would ensure that the routine transport, use, or disposal of hazardous materials would not result in adverse impacts. All demolition activities that would involve asbestos or lead -based paint would also occur in compliance with March 2024D3 Page 129

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SCAQMD Rule 1403 and OSHA Construction Safety Orders, which would ensure that hazardous materials impacts would be less than significant. With adherence to applicable federal, State, and local regulations governing hazardous materials and compliance with the General Plan policies, the potential risks associated with hazardous wastes in the area would be less than significant.

Implementation of the proposed project would not alter the conclusions of the GPU EIR analysis and would not result in a new or substantially more severe project -specific or cumulative hazards impact than those already analyzed.

6.9.4 Standard Conditions of Approval
No City of Newport Beach standard conditions are applicable to Hazards and Hazardous Materials for the proposed project.

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6.10 HYDROLOGY AND WATER QUALITY

6.10.1 Summary of Impacts Identified in the 2006 General Plan EIR The GPU EIR found that development under the approved 2006 General Plan could increase pollutants in stormwater and wastewater, although water quality standards and waste discharge requirements would not be violated.

The GPU EIR also found that development under the 2006 General Plan could change the existing drainage pattern of the planning area and substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site or exceed the capacity of existing or planned stormwater drainage systems. However, implementation of the GPU policies and compliance with NPDES regulations, the City's municipal code, and California Department of Fish and Wildlife regulations would reduce the risk of flooding resulting from drainage alterations to less than significant.

All new development in the city in areas that are subject to flood hazards would be required to comply with the flood damage prevention provisions of the City's municipal code, and impacts were less than significant.

6.10.2 Impacts Associated with the Proposed Project
Would the proposed project:

X
ii) Substantially increase the rate or
amount of surface runoff in a manner
which would result in flooding on- or
X
offsite.

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X
d) In flood hazard, tsunami, or seiche zones,
risk release of pollutants due to project
X
inundation?
e) Conflict with or obstruct implementation of a
water quality control plan or sustainable
X
groundwater management plan?
The analysis in this section is based in part on the following technical reports included as Appendices E and F of this Addendum:

Geotechnical Exploration Report Proposed Multi -Family Residential Development 1401 Quail Street, Leighton and Associate, June 23, 2022.
■ Preliminary WaterQuality Management Plan (PWQMP) 1401 Quail Street, Adams -Streeter Civil Engineers, April 25, 2023.

Comments
a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality?
Less than Significant/No Changes or New Information Requiring Preparation of an EIR. Areas that disturb one or more acres of land surface are subject to the Construction General Permit (CGP) (Order WQ 2022-0057-DWQ) adopted by the SWRCB. Preparation of a Stormwater Pollution Prevention Plan (SWPPP) is required for compliance with the CGP. Compliance with the permit would involve filing a Notice of Intent with the SWRCB and preparing and submitting a SWPPP prior to construction activities. The CGP requirements would need to be satisfied prior to beginning construction on any project located on a site greater than one acre. Construction would also need to abide by the requirements of Chapter 14.36 of the City's municipal code. Under the provisions of this chapter, any discharge that would result in or contribute to degradation of water quality via stormwater runoff is prohibited.

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6. Environmental Analysis
Operational activities of the proposed project (e.g., runoff from parking areas, solid waste storage areas, and landscaped areas) would generate pollutants that could adversely affect the water quality of downstream receiving waters if effective measures are not used to keep pollutants out of and remove pollutants from urban runoff. Standards governing discharges to stormwater from project operation are set forth in the Municipal Stormwater (MS4) Permit for Orange County in the jurisdiction of the Santa Ana RWQCB, Order No. R8- 2009-0030 as amended by Order No. R8-2010-0062, NPDES No. CAS618030, issued by the RWQCB in 2010.

A model water quality management plan (WQMP) and technical guidance document (TGD) were developed to provide guidance for "priority" new development and significant redevelopment projects that need to comply with the requirements of the MS4 permit. Per the MS4 permit and the City's requirements for priority projects, the applicant prepared a preliminary WQMP for City review (Appendix F).

Runoff from the existing site generally drains from the south to the north with surface slopes of around 0.3 percent to 4.0 percent. Most of the site is graded to flow to an existing concrete Swale that discharges to Quail Street. The runoff then flows southeasterly alongside the curb and gutter where it eventually drains into an existing catch basin at the northwest corner of the intersection of Quail Street and Spruce Avenue. Runoff from the eastern portion of the existing building flows to Spruce Avenue and then into the same catch basin at the northwest corner of the intersection of Quail Street and Spruce Avenue. The catch basin discharges through a public 18-inch storm drain that connects to a public 42-inch storm drain that eventually discharges to San Diego Creek, which leads to Upper Newport Bay.

As shown on Figure 19, IrIQMP Exhibit — Proposed Conditions, the proposed drainage includes two drainage management areas (DMAs), DMA -A and DMA-B. The proposed BMPs would be designed to treat the design capture volume (DCV) for the 85th percentile, 24-hour storm event and retain the 2-year, 24-hour runoff volume to mitigate hydromodification impacts.21
DMA -A would include the entirety of the proposed building along with the adjacent areas between the building and the right-of-way/property line on the north, west, and east side of the building. DMA-B would include the area south of the building, which includes the entire roundabout access street and the area leading to the main entry of the building. DMA -A would utilize Biotreatment BMPs in the form of Bioretention Planters with Permavoid Boxes to treat and/or retain the required DCV of 2,644 cubic feet. The majority of DMA --Xs runoff would be collected through roof drains. Runoff would be discharged directly on top of the Bioretention Planters via roof downspouts. Runoff would be bio-treated as it infiltrates through the engineered soil media of the planters and then retained within the Permavoid Boxes. The Permavoid Boxes would infiltrate runoff upwards via capillary rise through the engineered soil media where it would be used to irrigate the landscaped area of the planters. As the planters are filled and the required DCV is treated/retained, runoff would be captured by an overflow inlet at the top of ponding area of the planters. Runoff would be ultimately discharged to Quail Street and Spruce Avenue via parkway culverts. The total volume that can be treated/retained by the BMPs for DMA -A is 2,698 cubic feet.
21 Changes in the timing and volume of runoff from a site are known as hydromodification. As a result, erosive levels of flow occur more frequently and for longer periods of time in creeks and channels downstream of the project.

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ROOF DRAIN

PER PLAN
RIP -RAP �

EROSION PREVENTION STONES

ENGINEERED FILL
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6. Environmental Analysis
Figure 19 - WQMP Exhibit — Proposed Conditions
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DMA-B will utilize Permavoid Boxes for its required DCV of 1,066 cubic feet. The runoff of DMA-B would sheet flow to catch basins on the south side of the proposed roundabout access street. The catch basins would have Flogard Filter Inserts installed to pretreat the runoff before it enters the storm drain system.

The storm drain system would then direct the runoff to the bottom of Permavoid Boxes at the south side of the building. The entirety of the DCV would be captured and retained within the Permavoid Boxes. Runoff would infiltrate upwards via capillary rise through the engineered soil media and be used to irrigate the landscaped area above the Permavoid Boxes. During large storm events where the Permavoid Boxes are fully saturated and the required DCV is retained, runoff will be discharged to a parkway culvert that discharges to Spruce Avenue. The total volume that can be treated/retained by the BMPs for DMA-B is 1,092 cubic feet.

The landscaped areas above the Permavoid boxes would also have supplemental irrigation provided for both DMA -A and DMA-B.

Construction of the proposed project, similar to construction associated with development under the 2006 GPU, would be subject to the CGP, the requirements of Chapter 14.36 of the City's municipal code, and the General Plan policies. Furthermore, operation of the proposed project, similar to development pursuant to the 2006 GPU, would comply with provisions in the NPDES permit, the WQMP, and GPU policies. Thus, impacts would be less than significant and there are no changes or new information requiring preparation of an EIR. b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? No Impact. The proposed project could create additional impervious surfaces; however, similar to the 2006 GPU, new development would be focused in areas that are currently developed and would not substantially decrease groundwater recharge.

As shown in Section 6.19.2(d), the City's groundwater supply would be sufficient to meet the demand of the proposed project. Therefore, the proposed project, similar to development pursuant to the 2006 GPU, would not decrease groundwater supplies. Thus, there are no changes or new information requiring preparation of an EIR.
c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would:
i) Result in a substantial erosion or siltation on- or off -site.

Less than Significant /No Changes or New Information Requiring Preparation of an EIR. Refer to Section 6.10(a) above. Impacts would be less than significant and there are no changes or new information requiring preparation of an EIR.
ii) Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site.

Less than Significant /No Changes or New Information Requiring Preparation of an EIR.

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6. Environmental Analysis
The proposed project site is currently developed, and the proposed project would not increase the impervious area on the site. As shown in the preliminary WQMP (see Appendix F), the 2-year, 24-hour post -development runoff volume would decrease by 5 percent with the development of the proposed project. Therefore, the post -development rate or amount of surface runoff would not result in flooding on- or offsite or exceed the capacity of existing or planned stormwater drainage systems. The proposed project, similar to applicable development pursuant to the 2006 GPU, prepared a WQMP with measures to reduce the volume of runoff generated. Furthermore, compliance with Chapter 15.50 of the City's municipal code and NPDES regulations would also minimize flood hazards resulting from drainage alterations. Therefore, implementation of the General Plan policies and compliance with NPDES regulations and the City's municipal code would reduce the risk of flooding resulting from drainage alterations to less than significant. Thus, no changes or new information require preparation of an EIR. iii) 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.

Less than Significant /No Changes or New Information Requiring Preparation of an EIR. Refer to Section 6.10.c(i) above. Impacts would be less than significant and there are no changes or new information requiring preparation of an EIR.
iv) Impede or redirect flood flows.

No Impact. The proposed project is not within a 100-year flood, a dam inundation area (Newport Beach 2014), or a tsunami inundation zone, or at risk of flooding from seiches (Newport Beach 2014). Moreover, project land uses, similar to development pursuant to the 2006 General Plan update, would be subject to the same General Plan policies and flood hazard provisions in the City's municipal code. There would be no impacts and no changes or new information requiring preparation of an EIR. d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? No Impact
The proposed project is not within a 100-year flood zone designated by FEMA or within a dam inundation area (Newport Beach 2014). Furthermore, the proposed project would not introduce land use intensity within areas potentially subject to tsunami or seiches (Newport Beach 2014). Moreover, these land uses, similar to development pursuant to the 2006 General Plan update, would be subject to the same General Plan policies and flood hazard provisions in the City's municipal code. Therefore, there would be no impacts and no changes or new information requiring preparation of an EIR.

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6. Environmental Analysis
e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?
Less than Significant/No Changes or New Information Requiring Preparation of an EIR. The City of Newport Beach is under the jurisdiction of the Santa Ana RWQCB. RWQCBs adopt a water quality control plan, or basin plan, that recognizes and reflects regional differences in existing water quality, the beneficial uses of the region's ground and surface waters, and local water quality conditions and problems. The Santa Ana River Basin Water Quality Control Plan is the plan adopted by the Santa Ana RWQCB. The water quality control plan is the basis for the RWQCB's regulatory programs and establishes water quality standards for the ground and surface waters of the region. The term "water quality standards," as used in the federal Clean Water Act, includes both the beneficial uses of specific water bodies and the levels of quality that must be met and maintained to protect those uses. The water quality control plan includes an implementation plan describing the actions by the RWQCB and others that are necessary to achieve and maintain the water quality standards (Santa Ana RWQCB 2008). As indicated under Section 6.10 (a), the proposed project, similar to development pursuant to the 2006 General Plan update, would not violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality, and would therefore not conflict with the water quality control plan.

The Orange County Water District (OCWD) is a special district formed to manage the Coastal Plain of Orange County Groundwater Basin, which supplies water to residents in north and central Orange County. OCWD adopted its first groundwater management plan in 1989. The latest update was completed in 2015. This plan sets basin management goals and objectives and describes how the basin is managed. Basin management goals are (1) to protect and enhance groundwater quality, (2) to protect and increase the sustainable yield of the basin in a cost-effective manner, and (3) to increase the efficiency of OCWD operations (OCWD 2015). In 2014, the California Sustainable Groundwater Management Act was passed. The law provides authority for agencies to develop and implement groundwater sustainability plans (GSP) or alternative plans that demonstrate the basin is being managed sustainably. On January 1, 2017, the Orange County Water District, city of La Habra, and Irvine Ranch Water District submitted the Basin 8-1 Alternative to the California Department of Water Resources. Elements to be included in GSPs, as described in the California Water Code (Sections 10727.2, 10727.4, and 10727.6), were incorporated into the Alternative. Like its predecessors, the Basin 8-1 Alternative will be updated every five years per requirements of the Sustainable Groundwater Management Act. As indicated under Sections 6.10.2 (a) and (b), the proposed project, similar to development pursuant to the 2006 General Plan, would not degrade groundwater quality, substantially decrease groundwater supplies, or interfere substantially with groundwater recharge. Thus, impacts would be less than significant, and there are no changes or new information on requiring preparation of an EIR.

6.10.3 Cumulative Impacts
As discussed above, the proposed project would not cause a new hydrological impact to occur, nor an increase in the severity of a hydrological impact previously disclosed in the GPU EIR, with the implementation of the 2006 General Plan policies and regulatory requirements discussed in this section. Implementation of the proposed project would not alter the conclusions of the GPU EIR analysis and would not result in a new or

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6. Environmental Analysis
substantially more severe project -specific or cumulative hydrology and water quality impacts than those already analyzed.

6.10.4 Standard Conditions of Approval
No City of Newport Beach standard conditions are applicable to Hydrology and Water Quality for the proposed project.

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6. Environmental Analysis

6.11 LAND USE AND PLANNING

6.11.1 Summary of Impacts Identified in the 2006 General Plan EIR The GPU EIR concluded that the General Plan update would not include any roadway extensions or other development features through currently developed areas; instead, it would allow limited infill development in select subareas in the City. Therefore, the 2006 GPU would not physically divide an established community and impacts were less than significant.

The GPU EIR also analyzed land use incompatibility with regard to introducing new land uses and structures that could result in intensification of development in the city. Analyzing subareas of the city, the GPU EIR concluded that the majority of land use changes proposed would not result in incompatibilities or nuisances that rose to a level of significance. Impacts were less than significant.

The 2006 General Plan was found to be consistent with all applicable land use plans for the city. The City of Newport Beach is also subject to policies in the Orange County Central and Coastal Natural Community Conservation Plan. Future development was required to comply with policies within that plan, and therefore no impact occurred.

6.11.2 Impacts Associated with the Proposed Project
Would the project:

Less Than
Significant
Impacts/No
Substantial
Substantial
New Information
Changes or New
Change in
Change in
Showing New or
Information
Project
Circum-stances
Increased
Requiring
Requiring Major
Requiring Major
Significant
Preparation of
Issues
EIR Revisions
EIR Revisions
Effects
an EIR
No Impact
a) Physically divide an established community?
X
b) Cause a significant environmental impact due to a
conflict with any land use plan, policy, or regulation
adopted for the purpose of avoiding or mitigating an
X
environmental effect?
Comments
a) Physically divide an established community?
No Impact. The City of Newport Beach is nearly built out, and the proposed project consists of infill and intensification of development on the project site. The proposed project would not include any roadway extensions or other development features through currently developed areas. Therefore, the proposed project, similar to development pursuant to the 2006 GPU, would not physically divide an established community and there would be no impacts. Thus, there are no changes or new significant information that would require preparation of an EIR.

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b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? Adopted land use regulations applicable to the proposed project include the AELUP for JWA, the 2006 GPU policies, policies from the updated Housing Element (adopted September 13, 2022), and the Land Use Element policies as amended by Resolution No. 2023-72.

SCAG's RTP/SCS is a long-range visioning plan that balances future mobility and housing needs with economic, environmental, and public health goals. The proposed project is not considered a project of "regionwide significance" pursuant to the criteria in SCAG's Intergovernmental Reviem Procedures Handbook (November 1995) and Section 15206 of the CEQA Guidelines. Therefore, this section does not address the proposed project's consistency with SCAG's regional planning guidelines and policies.

The proposed project is within the following JWA zones:
■ Clear Zone/Runway Protection Zones and Accident Potential Zones ■ Federal Aviation Regulation (FAR) Part 77 Obstruction Imaginary Surfaces and Notification Area ■ 60 dBA CNEL aircraft operation noise contours of JWA
Potential project impacts associated with airport -related hazard impacts (Safety Zones and FAR Part 77) are addressed in Section 6.9, Ha.Zards and Ha.Zardous Materials. Airport -related noise impacts are addressed in Section

6.13, Noise. By complying with the AELUP safety zone land use compatibility requirements, FAR Part 77 regulations, Policy N 2.2 as amended, and CCR Title 21 and 25, the proposed project would be consistent with JWA's land use plan. Thus, impacts to airport -related hazards and noise are less than significant.

A detailed analysis of the proposed project's consistency with the applicable goals and policies of the various elements of the City's 2006 GPU as updated and amended is provided in Table 12, General Plan Consistency Analysis. The analysis in the table concludes that the proposed project would be consistent with the applicable goals and policies, and the proposed project would not result in significant land use impacts related to the General Plan's goals and policies.

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6. Environmental Analysis
Table 12 Newport Beach General Plan Consistency Analysis Applicable Goals and Policies Project Consistency
Goal LU 1: A unique residential community with diverse coastal and upland neighborhoods, which values its colorful past, high quality of life, and community bonds, and balances the needs of residents, businesses, and visitors through the recognition that Newport Beach is primarily a residential community.

LU 1.1. Unique Environment. Maintain and enhance the beneficial and unique character Consistent. The proposed project enhances the distinct, urban character of the Airport Area by providing a of the different neighborhoods, business districts, and harbor that together identify Newport means for replacing a small-scale commercial structure with an attractive and functional residential building, in Beach. Locate and design development to reflect Newport Beach's topography, line with the General Plan goal of transitioning the Airport Area to a mixed -use community. The project site is architectural diversity, and view sheds. not in or near any of the City's areas featuring the harbor, unique topography, or view sheds. The proposed project would introduce residential units to the project site consistent with the uses and urbanized character of the Airport Area and the MU-H2 designation.

LU 1.4. Growth Management. Implement a conservative growth strategy that enhances Consistent: The Newport Place Planned Community Development Standards allows the City to meet the the quality of life of residents and balances the needs of all constituencies with the demand for additional housing without developing open space or natural areas, and without densification of preservation of open space and natural resources. existing residential areas. The proposed project enhances the quality of life for the community by improving the aesthetics of the PC District in accordance with the established development standards.

Goal LU 2: A living, active, and diverse environment that complements all lifestyles and enhances neighborhoods, without compromising the valued resources that make Newport Beach unique. It contains a diversity of uses that support the needs of residents, sustain and enhance the economy, provide job opportunities, serve visitors that enjoy the City's diverse recreational amenities, and protect its important environmental setting, resources, and quality of life.

LU 2.1. Resident -Serving Land Uses. Accommodate uses that support the needs of Consistent. Consistent with housing needs demonstrated in the City's housing element, the proposed project Newport Beach's residents including housing, retail, services, employment, recreation, includes housing opportunities in the form of 67 dwelling units, including 6 units reserved for very low-income education, culture, entertainment, civic engagement, and social and spiritual activity that households and 2 for low-income households.
are in balance with community natural resources and open spaces.

LU 2.2. Sustainable and Complete Community. Emphasize the development of uses that Consistent. The project introduces 67 new residential units to the project site in an existing major employment enable Newport Beach to continue as a self-sustaining community and minimize the need center (the Airport Area, Irvine Business Complex, and surrounding areas), providing new opportunities for for residents to travel outside of the community for retail, goods and services, and those working in the area to live near work.
employment.

The introduction and subsequent integration of a residential development into a well -established neighborhood of primarily commercial, retail, and office uses would provide a greater balance between housing, employment, and retail opportunities within the Airport Area. Potential employment opportunities for future residents of the proposed project that may arise in the surrounding area would be within walking/bicycle riding distance of the proposed homes. In addition, those who are currently employed in the area would be afforded a housing opportunity within walking/bicycle riding distance of their place of employment.

LU 2.3. Range of Residential Choices. Provide opportunities for the development of Consistent. The proposed project allows for multifamily condominiums, including affordable units, offering a residential units that respond to community and regional needs in terms of density, size, variety of product types that can respond to market needs and diversify the City's housing stock. The project location, and cost. Implement goals, policies, programs, and objectives identified within the site was identified in the 6th Cycle Housing Element as an opportunity site in the Airport Area that can help City's Housing Element.
accommodate a portion of the City's RHNA allocation.

LU 2.4. Economic Development. Accommodate uses that maintain or enhance Newport Consistent. The project applicant would pay the City's development impact fees, which are designed to Beach's fiscal health and account for market demands, while maintaining and improving the ensure that new development does not have a negative fiscal impact on the City, and the school district's quality of life for current and future residents.
development impact fee. Additionally, a public benefit fee will be paid to the City as specified in the development agreement. The proposed project allows for residential in the Airport Area that would enhance the economic viability of retail, restaurants, and commercial services.

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6. Environmental Analysis
Table 12 Newport Beach General Plan
Goals and Policies
LU 2.8. Adequate Infrastructure. Accommodate the types, densities, and mix of land uses Consistent. Because the proposed project involves redevelopment of existing urbanized parcels instead of that can be adequately supported by transportation and utility infrastructure (water, sewer, developing on a greenfield (undeveloped) site, it would benefit from the efficiency of connecting to existing storm drainage, energy, and so on) and public services (schools, parks, libraries, seniors, utility infrastructure and the existing street network. For more information about the provision of public services youth, police, fire, and so on). and utilities, see Sections 6.15, Public Services, and 6.19, Utilities and Service Systems.

Goal LU 3: A development pattern that retains and complements the City's residential neighborhoods, commercial and industrial districts, open spaces, and natural environment.

LU 3.1. Neighborhoods, Districts, Corridors, and Open Spaces. Maintain Newport Consistent. The proposed project is a residential project that would be built in a mixed -use context of Beach's pattern of residential neighborhoods, business and employment districts, commercial, industrial, and offices. Furthermore, consistent with long-range planning efforts implemented by commercial centers, corridors, and harbor and ocean districts. the cities of Newport Beach and Irvine designed to change the areas around JWA to provide residential uses, the project provides 67 residential units. Therefore, the proposed project would maintain the overall land use pattern of the Airport Area.

LU 3.2. Growth and Change. Enhance existing neighborhoods, districts, and corridors, Consistent. The proposed project would represent a substantial investment in an existing district (the JWA allowing for re -use and infill with uses that are complementary in type, form, scale, and Airport Area) that is important to the City's economic health. The proposed housing units would contribute character. Changes in use and/or density/intensity should be considered only in those toward Newport Beach accommodating its share of projected regional population growth. The proposed areas that are economically underperforming, are necessary to accommodate Newport housing also could reduce commuting distances and traffic by providing residences in an employment -rich Beach's share of projected regional population growth, improve the relationship and reduce area. For more information about the provision of public services and infrastructure to the project site, see commuting distance between home and jobs, or enhance the values that distinguish Sections 6.15, Public Services, 6.17 Transportation and Traffic, and 6.19, Utilities and Service Systems, of this Newport Beach as a special place to live for its residents. The scale of growth and new Addendum.
development shall be coordinated with the provision of adequate infrastructure and public The proposed project facilitates reuse of an existing underutilized property that would be complementary to services, including standards for acceptable traffic level of service. recent development in the Airport Area. The proposed project enhances the economic viability of local retail, restaurants, and commercial services by allowing for residential uses that increase the residential population in the area.

LU 3.3.Opportunities for Change. Provide opportunities for improved development and Consistent. The premise of the proposed project is exactly what is articulated by this policy —the project would enhanced environments for residents in the following districts and corridors, as specified in redevelop and reuse a site featuring underperforming commercial uses and would develop residential uses in Polices 6.3.1 through 6.22.7:
a cohesive design near existing jobs and services.

John Wayne Airport Area: re -use of underperforming industrial and office properties and development of cohesive residential neighborhoods in proximity to jobs and services.

LU 3.8. Project Entitlement Review with Airport Land Use Commission. Refer the Consistent. The proposed project will be subject to ALUC review. adoption or amendment of the General Plan, Zoning Code, specific plans, and Planned Community development plans for land within the John Wayne Airport planning area, as established in the JWA Airport Environs Land Use Plan (AELUP), to the Airport Land Use Commission (ALUC) for Orange County for review, as required by Section 21676 of the California Public Utilities Code. In addition, refer all development projects that include buildings with a height greater than 200 feet above ground level to the ALUC for review.

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6. Environmental Analysis
Table 12 Newport Beach General Plan Consistency Analysis Applicable Goals and Policies Project Consistency
Goal LU 4: Management of growth and change to protect and enhance the livability of neighborhoods and achieve distinct and economically vital business and employment districts, which are correlated with suDDortina infrastructure and public services and sustain Newport Beach's natural setting.

LU 4.1. Land Use Diagram. Accommodate land use development consistent with the Land Consistent. Figure LU1 in the land use element shows that the Airport Area is primarily intended for Use Plan. Figure LU1 depicts the general distribution of uses throughout the City and commercial and mixed uses. Figure LU11 shows that adjacent parcels to the project site are designated MU - Figure LU2 through Figure LU15 depict specific use categories for each parcel within H2. The proposed project would extend the MU-112 designation and upon approval would be consistent with defined Statistical Areas. Table LU1 (Land Use Plan Categories) specifies the primary land this policy. use categories, types of uses, and, for certain categories, the densities/intensities to be permitted. See page 3-11 of the City's General Plan for the full policy.

Goal LU 5.1: Residential neighborhoods that are well -planned and designed to contribute to the livability and quality of life of residents, respect the natural environmental setting, and sustain the qualities of place that differentiate Newport Beach as a special place in the Southern California region.

LU 5.1.1. Compatible but Diverse Development. Establish property development Consistent. The proposed project includes a compatible and high -quality development that contributes to the regulations for residential projects to create compatible and high -quality development that emerging urban neighborhood character of the Airport Area. contributes to neighborhood character.

LU 5.1.2. Compatible Interfaces. Require that the height of development in nonresidential Consistent. The project site is not near any lower -density residential areas, and no compatibility conflicts and higher -density residential areas transition as it nears lower -density residential areas to would occur. minimize conflicts at the interface between the different types of development.

Goal LU 5.3: Districts where residents and businesses are intermixed that are designed and planned to ensure compatibility among the uses, that they are highly livable for residents, and are of high quality design reflecting the traditions of Newport Beach.

LU 5.3.1. Mixed -Use Buildings. Require that mixed -use buildings be designed to convey a Consistent. Conceptual renderings of the proposed project are shown in Figures 9a through 9d. The proposed high level of architectural and landscape quality and ensure compatibility among their uses buildings, landscaping, and other built elements have been designed to exhibit high quality design and in consideration of the following principles:
complement the surrounding urban context. For an additional evaluation of visual and aesthetic impacts • Design and incorporation of building materials and features to avoid conflicts among generated by the proposed project, see Section 6.1, Aesthetics, of this Addendum. uses, such as noise, vibration, lighting, odors, and similar impacts • Visual and physical integration of residential and nonresidential uses • Architectural treatment of building elevations and modulation of their massing • Separate and well-defined entries for residential units and nonresidential businesses • Design of parking areas and facilities for architectural consistency and integration among uses
• Incorporation of extensive landscape appropriate to its location; urbanized streetscapes, for example, would require less landscape along the street frontage but integrate landscape into interior courtyards and common open spaces.

LU 5.3.4. Districts Integrating Residential and Nonresidential Uses. Require that Consistent. As described above under Policy LU 3.1, the Airport Area is increasingly home to residential uses sufficient acreage be developed for an individual use located in a district containing a mix of that are intermingled with nonresidential uses. The addition of proposed residential use in the area will help residential and nonresidential uses to prevent fragmentation and ensure each use's ensure the viability of the remaining, existing retail uses in the vicinity. viability, quality, and compatibility with adjoining uses.

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Table 12 Newport Beach General Plan Consistency Analysis Applicable Goals and Policies
Project Consistency
LU 5.3.6 Parking Adequacy and Location. Require that adequate parking be provided Consistent. The 1401 Quail Street development meets the criteria of subdivision (b) of Government Code and is conveniently located to serve tenants and customers. Set open parking lots back Sec. 65915 and Section 20.32.030 of the City's Zoning Code by providing more than 10 percent of the total from public streets and pedestrian ways and screen with buildings, architectural walls, or units (excluding any units permitted by the density bonus) for low income households. Government Code dense landscaping.

Section 65915(p) and Section 20.32.060 of the City's Zoning Code require 101 parking stalls for the proposed project. The total parking stalls provided are 146.

Goal LU 5.6: Neighborhoods, districts, and corridors containing a diversity of uses and buildings that are mutually compatible and enhance the quality of the City's environment.

LU 5.6.1. Compatible Development. Require that buildings and properties be designed to Consistent. The vicinity surrounding the project site contains a variety of nonresidential land uses at a variety ensure compatibility within and as interfaces between neighborhoods, districts, and of building intensities and scales. Although the height of the proposed project would be greater than some of corridors.
the surrounding commercial and office buildings, the Airport Area is a district in transition with new projects — like the proposed project —introducing more street -facing urban building typologies. The design and scale of the proposed project will contribute to the urban neighborhood that is gradually developing in the Airport Area.

It includes features such as landscaped setbacks, street trees, articulated facades with balconies and windows, and varying colors and material. These outward -facing features will add visual interest and integrate the project site with neighborhood activity on surrounding streets and buildings.

LU 5.6.2. Form and Environment. Require that new and renovated buildings be designed Consistent. The project's design is typical for multifamily projects in the city and nearby jurisdictions and to avoid the use of styles, colors, and materials that unusually impact the design character would not unusually impact the design character or quality of the area. The project's proposed material and and quality of their location such as abrupt changes in scale, building form, architectural color palette would not raise local temperatures or result in glare. See response to Policy LU 5.6.1. See style, and the use of surface materials that raise local temperatures, result in glare and additional analysis in Section 6.1, Aesthetics, which analyzes the proposed project's potential impacts related excessive illumination of adjoining properties and open spaces, or adversely modify wind to aesthetics, light, and glare.
patterns.

LU 5.6.3. Ambient Lighting. Require that outdoor lighting be located and designed to Consistent. All project -related exterior lighting would be designed, arranged, directed, or shielded in such a prevent spillover onto adjoining properties or significantly increase the overall ambient manner as to contain direct illumination on -site, in accordance with the provisions of Subsection 20.30.070.A illumination of their location.
(General Outdoor Lighting Standards) of the City's Zoning Code, thereby preventing excess illumination and light spillover onto adjoining land uses and/or roadways. For additional analysis, see Impact 6.1-2 © in Section

6.1, Aesthetics.

Goal LU 6.2: Residential neighborhoods that contain a diversity of housing types and supporting uses to meet the needs of Newport Beach's residents and are designed to sustain livability and a high quality of life.

LU 6.2.1. Residential Supply. Accommodate a diversity of residential units that meets the Consistent. See response to Policy LU 2.1. needs of Newport Beach's population and fair share of regional needs in accordance with the Land Use Plan's designations, applicable density standards, design and development policies, and the adopted Housing Element.

LU 6.2.3. Residential Affordability. Encourage the development of residential units that Consistent. As described under Policy LU 2.1, up to 15 percent of the project would be affordable units (8 are affordable for those emploved in the Citv. units reserved for lower -income households). This would be consistent with the Citv's housing element.

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Table 12 Newport Beach General Plan Consistency Analysis Applicable Goals and Policies Project Consistency
Goal LU 6.15: A mixed -use community that provides jobs, residential, and supporting services in close proximity, with pedestrian -oriented amenities that facilitate walking and enhance livability.

LU 6.15.3. Airport Compatibility. Require that all development be constructed in Consistent. The proposed project would be constructed in conformance with the FAA's height restrictions, and conformance with the height restrictions set forth by Federal Aviation Administration (FAA), all residential development would be located outside the 65 dBA CNEL noise contour as shown on Figure N5 Federal Aviation Regulations (FAR) Part 77, and Caltrans Division of Aeronautics, and that of the Noise Element (see Figure 20, City of Newport Beach General Plan Future Noise Contours). residential development shall be allowed only in areas with noise levels of less than John Wayne Airport 65 dBA CNEL noise contour area as shown in Figure N5 of the Noise Element of the General Plan, unless and until the City determines, based on substantial evidence, that the sites wholly within the 65 dBA CNEL noise contour shown in Figure N5 are needed for the City to satisfy its Sixth Cycle RHNA mandate. Nonresidential uses are, however, encouraged on parcels located wholly within the 65 dBA CNEL contour area..

LU 6.15.5. Residential and Supporting Uses. Accommodate the development of a Consistent. The GPU and Newport Place Planned Community Development Standards provide development maximum of 2,200 multi -family residential units, including work force housing, and mixed- capacity and standards for residential development. The proposed project is in conformance with the density use buildings that integrate residential with ground level office or retail uses, along with requirements of the Newport Place Planned Community Development Standards. Additionally, Table 1, Airport supporting retail, grocery stores, and parklands. Residential units may be developed only Area MU-H2 Residential Units, includes the approved projects, with an MU-H2 land use designation, in the as the replacement of underlying permitted nonresidential uses. When a development Airport Area along with their approved residential units. As shown in the table, 1,297 replacement units and phase includes a mix of residential and nonresidential uses or replaces existing industrial 550 additive units have already been approved. The Airport Area can therefore still accommodate 353 uses, the number of peak hour trips generated by cumulative development of the site shall residential units as replacement units (excluding density bonus units). The proposed project would introduce not exceed the number of trips that would result from development of the underlying 52 residential base units to the project site and is therefore within the 2,200 units allocated to the Airport Area. permitted nonresidential uses. However, a maximum of 550 units may be developed as Any density bonus units are above and beyond what the General Plan allocates in accordance with Chapter infill on surface parking lots or areas not used as occupiable buildings on properties within

20.32 (Density Bonus) of the Newport Beach Municipal Code and State law. the Conceptual Development Plan Area depicted on Figure LU22 provided that the parking The project site is not located within the Conceptual Development Plan Area depicted on Figure LU22, and is replaced on site.
therefore any residential units allocated to the site are not any portion of the 550 infill units allocated to the Conceptual Development Plan Area.

LU 6.15.12. Development Agreements. A Development Agreement shall be required for Consistent. The proposed project includes approval of a development agreement. all projects that include infill residential units. The Development Agreement shall define the improvements and public benefits to be provided by the developer in exchange for the City's commitment for the number, density, and location of the housing units.

LU 6.15.13 Standards. To provide a focus and identity for the entire neighborhood and to Consistent. The applicant is applying for incentives pursuant to Government Code Section 65915(de)(1) and serve the daily recreational and commercial needs of the community within easy walking Section 0.32.070 of the City's Zoning Code by requesting a reduction of the in -lieu fees that makes the distance of homes, require dedication and improvement of at least 8 percent of the gross development of the affordable housing units financially feasible. land area (exclusive of existing rights -of -way) of the first phase development in each The applicant is also applying for a waiver to the development standards by requesting an exemption to the neighborhood, or acre, whichever is greater, as a neighborhood park. This requirement park land dedication requirements pursuant to Government Code Section 65915(de)(1) and Section 20.32.080 may be waived by the City where it can be demonstrated that the development parcels are of the City's Zoning Code. For the project site, Policy 6.15.13 would require dedication and development of a'/2 too small to feasibly accommodate the park or inappropriately located to serve the needs of acre minimum park which would be greater than 8 percent of the gross land area. The 1.71-acre project site is local residents, and when an in -lieu fee is paid to the City for the acquisition and too small to feasibility accommodate the required %-acre park. If dedicated, the resulting smaller site could not improvement of other properties as parklands to serve the Airport Area. physically accommodate the proposed affordable housing development. Through a proposed development In every case, the neighborhood park shall be at least 8 percent of the total Residential standard waiver per State and City affordable housing and density bonus laws, the applicant is requesting to Village Area or one acre in area, whichever is greater, and shall have a minimum waive the park land dedication requirement and instead pay reduced in -lieu fees for the acre requirement. dimension of 150 feet. Park acreage shall be exclusive of existing or new rights -of -way,

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Table 12 Newport Beach General Plan Consistency Analysis Applicable Goals and Policies
Project Consistency
development sites, or setback areas. A neighborhood park shall satisfy some or all of the requirements of the Park Dedication Ordinance, as prescribed by the Recreation Element of the General Plan.

LU 6.15.21. Required Spaces for Primary Uses. Consider revised parking requirements Consistent. The proposed project will be required to comply with City of Newport Beach Municipal Code that reflect the mix of uses in the neighborhoods and overall Airport Area, as well as the parking requirements, including Section 20.32.040 of the Newport Beach Municipal Code for a density bonus availability of on -street parking.
project. The City will confirm compliance with this General Plan policy during Site Development Review.

LU 6.15.23. Sustainable Development Practices. Require that development achieves a Consistent. The proposed project is residential development that, because of compliance with modern state high level of environmental sustainability that reduces pollution and consumption of energy, regulations related to energy efficiency and climate change, would be more energy efficient than the project water, and natural resources. This may be accomplished through the mix and density of site's existing commercial use. For more information about this topic see Section 6.8, Greenhouse Gas uses, building location and design, transportation modes, and other techniques. Among the Emissions. Future development would comply with the CALGreen code, including its water conservation strategies that should be considered are the integration of residential with jobs -generating measures, and City water conservation codes and standards. uses, use of alternative transportation modes, maximized walkability, use of recycled materials, capture and re -use of storm water on -site, water conserving fixtures and landscapes, and architectural elements that reduce heat gain and loss.

Goal H 1: Provision of adequate sites to accommodate projected housing unit growth needs.

H1.1. Identify a variety of sites to accommodate housing growth need by income categories Consistent. The housing element identifies adequate sites to accommodate its fair share allocation for the 6th to serve the needs of the entire community. cycle housing element to accommodate housing growth needs by income categories. The project site was identified in the Airport Area as an opportunity site that can help accommodate a portion of the City's RHNA allocation.

The proposed project would include affordable housing units in accordance with the Newport Place Planned Community development standards, which requires a minimum of 15 percent of the base units be set aside for lower -income households.

Goal H 3: A variety of housing types, designs, and opportunities for all social and economic segments.

H 3.1. Encourage preservation of existing and provision of new housing affordable to Consistent. See response to Policy H1.1. extremely low-, very low-, low-, and moderate -income households.

H 3.2. Encourage housing developments to offer a wide spectrum of housing choices, Consistent. The proposed project aids the City in its goal to provide new housing opportunities by including 67 designs, and configurations. housing units. As shown in Table 2, the proposed project includes a mix of residential units.

Goal H 4: Housing opportunities for as many renter- and owner -occupied households as possible in response to the market demand and RHNA obligations for housing in the City.

H 4.2. Enable construction of new housing units sufficient to meet City quantified goals by See response to Policy H1.1. identifying adequate sites for their construction.

Goal NR 1. Minimized water consumption through conservation methods and other techniques.

NR 1.1. Water Conservation in New Development. Enforce water conservation Consistent. Section 6.19, Utilities and Service Systems, discusses the numerous water conservation measures that limit water usage, prohibit activities that waste water or cause runoff, and requirements applicable to the proposed project, including those found in the Newport Beach Municipal Code. require the use of water —efficient landscaping and irrigation in conjunction with new The proposed project would comply with these regulations. construction projects.

NR 1.6. Services for Lower Income Households. New developments which provide Consistent. The proposed project would include housing units affordable to lower -income households. housing for lower income households that help meet regional needs shall have priority for Furthermore, because the project is in an existing developed urban area, it is already well served by water, sewer, and other services.

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Table 12 Newoort Beach General Plan
Applicable Goals and Policies I Proiect Consistencv
the provision of available and future resources or services, including water and sewer supply and services.

Goal NR 3: Enhancement and protection of water quality of all natural water bodies, including coastal waters, creeks, bays, harbors, and wetlands.

NR 3.9. Water Quality Management Plan. Require new development applications to Consistent. A WQMPs has been prepared for the project (see Appendix F) and would implement post - include a Water Quality Management Plan (WQMP) to minimize runoff from rainfall events construction BMPs to maintain surface and groundwater quality. during construction and post -construction.

NR 3.11. Site Design and Source Control. Include site design and source control BMPs Consistent. Section 6.10, Hydrology and Water Quality, includes analysis of the proposed project's drainage in all developments. When the combination of site design and source control BMPs are not and stormwater runoff impacts. Development would involve implementation of low -impact development BMPs, sufficient to protect water quality as required by the National Pollutant Discharge site design BMPs, and structural and nonstructural source control BMPs that would reduce the amount of Elimination System (NPDES), structural treatment BMPs will be implemented along with runoff generated onsite and discharged off -site as well as reduce the potential for pollutants to contaminate site design and source control measures.
runoff.

NR 3.14. Runoff Reduction on Private Property. Retain runoff on private property to Consistent. See response to Policy NR 3.11, above.
prevent the transport of pollutants into natural water bodies, to the maximum extent practicable.

NR 3.20. Impervious Surfaces. Require new development and public improvements to Consistent. The proposed project's site design BMPs would minimize impervious surfaces wherever possible, minimize the creation of and increases in impervious surfaces, especially directly as discussed in Section 6.10, Hydrology and Water Quality. connected impervious areas, to the maximum extent practicable. Require redevelopment to increase area of pervious surfaces, where feasible.

Goal NR 6: Reduced mobile source emissions.

NR 6.1. Walkable Neighborhoods. Provide for walkable neighborhoods to reduce vehicle Consistent. The proposed project's context is Newport Beach's Airport Area, which features a variety of trips by siting amenities such as services, parks, and schools in close proximity to amenities (including restaurants, medical offices, and professional services) within walking distance of the residential areas. project site.

NR 6.3. Vehicle -Trip Reduction Measures. Support measures to reduce vehicle -trip Consistent. The proposed project's introduction of residential uses in a largely nonresidential area with generation such as at -work day care facilities, and on -site automated banking machines. numerous services and amenities nearby would reduce the need for off -site vehicle trips. See the response to Policy NR 6.1 for additional information.

Goal NR 18: Protection and preservation of important paleontological and archaeological resources.

NR 18.1. New Development. Require new development to protect and preserve Consistent. This topic is discussed in Section 6.5, Cultural Resources, and Section 6.7, Geology and Soils. paleontological and archaeological resources from destruction, and avoid and minimize The proposed project would be required to comply with regulatory requirements and GPU policies regarding impacts to such resources in accordance with the requirements of CEQA. Through monitoring and discovery of paleontological and archaeological resources, and would reduce potential impacts planning policies and permit conditions, ensure the preservation of significant archeological to less than significant.
and paleontological resources and require that the impact caused by any development be mitigated in accordance with CEQA.

NR 18.3. Potential for Development to Impact Resources. Notify cultural organizations, Consistent. This topic is discussed in Section 6.18, Tribal Cultural Resources. including Native American organizations, of proposed developments that have the potential to adversely impact cultural resources. Allow qualified representatives of such groups to monitor grading and/or excavation of development sites.

Goal R 1. Provision of Facilities: Provision of adequate park and recreation facilities that meet the recreational needs of existing and new residents of the community

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Table 12 Newport Beach General Plan Consistency Analysis Applicable Goals and Policies
Project Consistent
R 1.1. Provision of Parkland. Require future development to dedicate land or pay in -lieu Consistent. The applicant is applying for a waiver to the development standards by requesting an exemption fees at a minimum of 5 acres of parkland per 1,000 persons. from the park dedication requirements, as required by Sections 19.52.040 (Parkland Standard) and 19.52.050 (Determination of Land or Fee) of the NBMC. The waiver request is pursuant to Government Code Section 65915(de)(1) and Section 20.32.080 (Waivers or Reductions of Development Standards) of the City's Zoning Code. General Plan Land Use Policy R 1.1 requires that the proposed project dedicate parkland at five acres per 1,000 persons. For 148 residents, this results in the provision of an approximate 0.74-acre park. The 1.71- acre project site is too small to feasibility accommodate the required park and if it were dedicated, the resulting smaller site could not physically accommodate the proposed affordable housing development. The proposed project is compliant with procedures for obtaining a waiver per State and City affordable housing and density bonus laws.

R 1.4. Density Bonuses. Consider development of incentives such as density bonuses for Consistent. The proposed project uses the City's density bonus incentives and includes a pool and spa at the private commercial, office, and other developments to provide usable open space such as upper podium. A shared amenity rooftop deck would be on the sixth floor with a club room on the first floor. rooftop courts, pocket parks, public plazas, jogging trails, and pedestrian trails.

R 2.1. Enhancement of Facilities. Use funding from the City's Park Dedication Fee Consistent. See response to Policy R 1.1.

Ordinance to enhance existing parks and recreation facilities.

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Costa Mesa
UPPER
EWPORT
AY
John
Wayne
Airport
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Figure 20 - City of Newport Beach General Plan Future Noise Contours P
• , Project Boundary
-------r City Boundary
Roadway Noise Contours
70 CNEL
65 CNEL
60 CNEL
JWA Noise Contours
70 CNEL
65 CNEL
60 CNEL
0 John Wayne Airport
The noise contours represent the maximum
possible traffic noise levels at locations
within them (i.e., they do not account for
building placement or traffic speeds, nor
include the attenuating effects of walls,
structures, and terrain features that might
intervene between the roads and any loca-
tion of interest).

INDEX
0 1
Scale (Miles)
Source: EIP Associates 2006.

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6.11.3 Cumulative Impact
The proposed project is consistent with applicable land use goals and policies. Although other changes in land use plans and regulations may have occurred with past and present projects in the area and may be necessary for individual future projects, such changes have been and would be required to demonstrate consistency with the 2006 General Plan and other City policies such that no significant adverse cumulative impact occurs or would occur from such changes. Given that the proposed project would be consistent with the land use policies of the applicable plans, the proposed project would not combine with any past, present, or reasonably foreseeable future projects to cause a significant adverse cumulative land use impact based on a conflict with a plan or policy. Any associated physical impacts are covered in the individual topic sections. It is also anticipated that regional growth would be subject to review for consistency with adopted land use plans and policies by the County of Orange, City of Newport Beach, and other cities in Orange County, in accordance with the requirements of CEQA, State zoning and planning law, and the State Subdivision Map Act, all of which require findings of plan and policy consistency prior to approval of entitlements for development. Therefore, no significant cumulative impacts to associated plans and policies are anticipated. In addition, the contribution of the proposed project to any such cumulative impacts would be less than cumulatively considerable because present and probable future projects are consistent with applicable plans, policies, and regulations. The proposed project would not contribute to any cumulative impacts associated with plan or policy inconsistency.

6.11.4 Standard Conditions of Approval
No City of Newport Beach standard conditions are applicable to Land Use and Planning for the proposed project.

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6.12 MINERAL RESOURCES

6.12.1 Summary of Impacts Identified in the 2006 General Plan EIR Based on the California Geological Survey, areas known as mineral resource zones (MRZs) are classified according to the presence or absence of mineral resources. All of Newport Beach is zoned either MRZ-1 or MRZ-3, areas with no significant mineral deposits and areas containing mineral deposits of undetermined significance, respectively. The City is required to evaluate potential impacts to mineral resource recovery areas designated MRZ-2, areas with significant mineral deposits; however, there are no areas zoned MRZ-2 in the city.

Furthermore, most of the active oil wells are in the West Newport and Newport production areas. Generally, these areas overlap with the Banning Ranch subarea, with a smaller portion of the Newport Oil Field within the Balboa Peninsula subarea. Other than oil and gas resources, there is no active mining in the Newport Beach area (Newport Beach 2006).

Consequently, the GP EIR found that implementation of the 2006 GPU would not substantially alter the projected production or consumption of the city, county, or state, and no impact occurred.

6.12.2 Impacts Associated with the Proposed Project
Would the proposed project:

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site would also be incompatible with the surrounding uses, which consist mostly of industrial and commercial land uses.

Therefore, the proposed project, similar to development pursuant to the 2006 GPU, would have no impact to mineral resources, and there are no changes or new information requiring preparation of an EIR. b) 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 Impact. The GPU EIR states that there are no regional, state, or locally important mineral resource recovery sites in the city. Consequently, the proposed project, similar to development pursuant to the 2006 GPU, would have no impact on mineral resource recovery sites in the city, and there are no changes or new information requiring preparation of an EIR.

6.12.3 Cumulative Impact
The proposed project would not cause a new mineral resources impact nor an increase in the severity of a mineral resources impact previously disclosed in the GPU EIR. Implementation of the proposed project would not alter the conclusions of the GPU EIR analysis and would not result in a new or substantially more severe project -specific or cumulative mineral resources impact than those already analyzed.

6.12.4 Standard Conditions of Approval
No City of Newport Beach standard conditions are applicable to Mineral Resources for the proposed project.

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6.13 NOISE

6.13.1 Summary of Impacts Identified in the 2006 General Plan EIR The GPU EIR concluded that 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 General Plan policies, especially those associated with Goal N-2, Transportation Noise, would reduce the impact. However, existing receptors would still be exposed to noise levels in excess of standards, and this impact, even with the proposed General Plan policies, was found to be significant and unavoidable.

The GPU EIR concluded that vibration impacts would potentially exceed the threshold of 72 VdB if construction activities occurred within 150 feet of sensitive receptors (e.g., residences and schools). No feasible mitigation measures were identified, and this impact was found to be significant and unavoidable.

Construction noise was determined to be less than significant. Construction noise would be exempt from the City standards during limited hours of the day and days of the week, and construction would comply with these hours in the municipal code.

Impacts due to airport noise were also found to be less than significant. Receptors in the John Wayne Airport QWA) 60 dBA or 65 dBA CNEL noise contours would be required to be consistent with General Plan Policies N.1.1, N.1.2, N.2.1, N.3.1 and N.3.2. These policies ensure that new uses are compatible and achieve interior noise levels of 45 dBA CNEL or less for residential uses.

6.13.2 Impacts Associated with the Proposed Project
Would the proposed project result in:

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Newport Beach City CouncilApril 9, 2024

Newport Beach City Council
April 9, 2024