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FINAL ENVIRONMENTAL IMPACT REPORT Volume 5 NBC Universal

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FINAL ENVIRONMENTAL IMPACT REPORT Volume 5 NBC Universal Division of Land / Environmental Review City Hall • 200 N. Spring Street, Room 750 • Los Angeles, CA 90012 FINAL ENVIRONMENTAL IMPACT REPORT Volume 5 NBC Universal Evolution Plan ENV-2007-0254-EIR STATE CLEARINGHOUSE NO. 2007071036 Council District 4 THIS DOCUMENT COMPRISES THE SECOND AND FINAL PART OF THE ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE PROJECT DESCRIBED. THE DRAFT EIR (VOLUMES 1 THROUGH 27) WHICH WAS PREVIOUSLY CIRCULATED FOR PUBLIC REVIEW AND COMMENT, COMPRISES THE FIRST PART. Project Address: 100 Universal City Plaza, Universal City, CA 91608 Project Description: Universal City Studios LLLP, L.P., proposes the NBC Universal Evolution Plan (the “Project”), which sets forth the framework to guide the development of an approximately 391-acre site located in the east San Fernando Valley near the north end of the Cahuenga Pass (the “Project Site”). The Project, as proposed, would involve a net increase of approximately 2.01 million square feet of new commercial development, which includes 500 hotel guest rooms and related hotel facilities. In addition, a total of 2,937 dwelling units would be developed. Implementation of the proposed Project would occur pursuant to the development standards set forth in two proposed Specific Plans. The proposed Universal City Specific Plan addresses development within the portion of the Project Site located within the City of Los Angeles, whereas the proposed Universal Studios Specific Plan addresses development within the portion of the Project Site located under the jurisdiction of the County of Los Angeles. Under the proposed Project, portions of the Project Site that are currently in the County of Los Angeles would be annexed into the City of Los Angeles, while other areas would be detached from the City of Los Angeles and returned to the jurisdiction of the County of Los Angeles. The proposed annexation/detachment reflects the Applicant’s objective to establish jurisdictional boundaries that follow existing and planned on-site land use patterns. APPLICANT: Universal City Studios LLLP, L.P. PREPARED BY: Environmental Review Section Los Angeles City Planning Department July 2012 WORKING DRAFT – Not for Public Review III. Responses to Comments (Continued) III.D.1 Written Letters Comment Letter No. 75 Peter Hartz President Toluca Lake HOA P.O. Box 2013 Toluca Lake, CA 91602 Comment No. 75-1 Jon – please find enclosed our comment letter on the NBC Universal Evolution Plan EIR. Thank you for the opportunity to review the project DEIR (dated November 2010) for the NBC Universal Evolution Plan (SCH #2007071036). The TLHOA provides the following comments: 1) The TLHOA is encouraged by the following language in the DEIR (emphasis added): (a) Volume 1, Section IB. (p.13) and Section II.E. (p.277) - Project objectives: Recognize Relationships with Neighbors A goal of the proposed Project is to recognize and protect the neighboring off-site residential and commercial developments through implementation of specific zoning regulations that would govern the development of the Project Site. These regulations, among other things, provide a level of certainty for the neighbors regarding the future use of the Project Site. (b) Volume 1, Section II.E. (p.275) - Proposed Project Objectives. The overall purpose of the proposed Project is to provide a clear set of comprehensive guidelines under which future development of the Project Site would occur. (c) Volume 21, Appendix F (p.2) - Executive Summary. The applicant is committed to managing the noise which is proposed within the site ... the tools ... should ensure compliance with all applicable standards. Response to Comment No. 75-1 The comment is noted and has been incorporated into the Final EIR for review and consideration by the decision-makers prior to any action on the Project. Specific comments regarding the environmental analysis in the Draft EIR are provided and responded to below. City of Los Angeles NBC Universal Evolution Plan Final Environmental Impact Report July 2012 Page 2362 WORKING DRAFT – Not for Public Review III.D.1 Written Letters Comment No. 75-2 Notwithstanding the above, the TLHOA is concerned that future noise within the Project will negatively affect the Toluca Lake residential area. This is based on the following: 1. New major project noise sources (the only types of future noise to be regulated by the two proposed Specific Plans) were included in the analysis in the DEIR based on the proposed Conceptual Plan (see p. 90 - Introduction). Alarmingly, as stated in the DEIR, the Conceptual Plan “represents just one of the possible ways the Project Site may be developed” (see p. 286). Further, the Conceptual Plan does not indicate the location and orientation of actual future buildings (see p. 286). The TLHOA is unsure what value the analysis provides in the DEIR as the DEIR states that it is the two Specific Plans that will guide “actual development” and will govern “and not the Conceptual Plan.” (See p. 286) Response to Comment No. 75-2 The Conceptual Plan, shown in Figure 13, Section II, Project Description, of the Draft EIR, is a reasonable example of how the Project Site might be developed based on Project needs in accordance with the proposed City and County Specific Plans. As discussed on page 1013 in Section IV.C, Noise, of the Draft EIR, for purposes of the noise analysis, the Project impacts were evaluated based on the proposed Conceptual Plan and proposed Specific Plan regulations. As part of the Substantial Compliance Analysis under the proposed City Specific Plan and the Substantial Conformance Review under the proposed County Specific Plan, the Applicant would have to demonstrate that the individual project complies with the requirements of the respective Specific Plan, including the sound attenuation requirements. Therefore, even if the location or orientation of a building changes from that shown on the Conceptual Plan, that individual project under the proposed Specific Plan would have to comply with the applicable sound attenuation requirements. The noise modeling detailed in Section IV.C, Noise, of the Draft EIR and Appendix F-1 of the Draft EIR shows that with compliance with the proposed Specific Plan operational sound attenuation requirements the Project’s noise impacts would be less than significant. Comment No. 75-3 As presently constituted, the Specific Plans’ proposed noise regulations do little for the TLHOA as they incorporate the City and County Noise Ordinances at best. At worst, they include the elimination of seven sections of the Los Angeles County Noise Ordinance (Sections 12.08.390, 12.08.400, 12.08.440, 12.08.460, 12.08.470, 12.08.530, and 12.08.560 - see page 346), the very ordinance that the DEIR claims to be the most conservative (as opposed to the Noise ordinance of the City of Los Angeles) and the regulatory tool used to compare existing and future conditions in Section C of the DEIR. City of Los Angeles NBC Universal Evolution Plan Final Environmental Impact Report July 2012 Page 2363 WORKING DRAFT – Not for Public Review III.D.1 Written Letters The TLHOA is not comforted by the “clear set of guidelines” in the DEIR that refer to the respective Specific Plans as the solution for addressing future environmental noise that will be inflicted upon its residents. The regulations identified in the proposed Specific Plans are the same tools that are being used currently to address existing environmental pollution in our neighborhood. The DEIR should identify regulations that indeed “protect” our community from impulsive sounds and other types of noise that exist today that are not being addressed by utilizing the current City and County noise ordinances. Response to Comment No. 75-3 The comment is noted and has been incorporated into the Final EIR for review and consideration by the decision-makers prior to any action on the Project. The proposed City and County Specific Plans’ proposed sound attenuation requirements incorporate the Los Angeles Municipal Code and Los Angeles County Code noise regulations, respectively. Specifically, as discussed in more detail in the summary of the proposed Universal Studios Specific Plan on page 994 in Section IV.C, Noise, of the Draft EIR, the Project’s operational and construction noise in the County portions of the Project Site would comply with Title 12, Chapter 12.08 of the Los Angeles County Code, which is the County’s Noise Ordinance and which provides regulations addressing both daytime and nighttime noise. Similarly, as discussed on page 996 of the Draft EIR, the proposed Universal City Specific Plan states that operational noise in the City portions of the Project Site would be subject to the Los Angeles Municipal Code’s noise regulations, as well as additional limits for daytime and nighttime operational noise which are based on the Los Angeles County Code’s noise regulations. The Los Angeles Municipal Code and Los Angeles County Code noise regulations were established to limit the type of excessive and intrusive noise types/levels that would constitute a disturbance or annoyance to a reasonable person living in the community. The Los Angeles Municipal Code and Los Angeles County Code noise regulations are designed to protect the neighboring residences and commercial uses and are the standards applicable to noise sources throughout the City and County, respectively, and accordingly are the established standard by which to evaluate and regulate future noise sources at the Project Site. The comment suggests that the proposed Specific Plans eliminate seven sections of the Los Angeles County Noise Ordinance. The proposed Universal Studios Specific Plan (attached as Appendix A-2 of the Draft EIR) does not eliminate seven sections of the Los Angeles County Noise Ordinance. Rather, the proposed Universal Studios Specific Plan proposes that the new uses to be developed in the Mixed-Use Residential Area would not be in and of themselves “receptors” (i.e., they would not constitute “receptor properties,” “neighborhood receiving dwelling units,” “affected buildings,” or off-site properties) for the purposes of applying the sound attenuation requirements.
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