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HomeMy WebLinkAbout83-43 - General Plan Amendment 81-2RESOLUTION NO. 83 -43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING AMENDMENTS TO THE LAND USE, RESIDENTIAL GROWTH AND RECREATION AND OPEN SPACE ELEMENTS OF THE NEWPORT BEACH GENERAL PLAN FOR THE CALTRANS WEST, BIG CANYON AREA 16, NEWPORT CENTER BLOCK 400 AND CAMPUS DRIVE SITES (GPA 81 -2). WHEREAS, Section 707 of the Charter of the City of Newport Beach and WHEREAS, the General Plan of the City of Newport Beach contains among other elements, the Land Use, Residential Growth and Recreation and Open Space Elements and Maps which serve as a guide for future planning and development of the City; and WHEREAS, the Planning Commission has held a public hearing at which it considered amendments to the Land Use, Residential Growth and Recreation and Open Space Elements and Maps of the Newport Beach General Plan and adopted Resolution No. 1088, recommending to the City Council certain changes and amendments in said elements and maps; and WHEREAS, the City of Newport Beach has, in the General Plan Housing Element, established policies to increase the production of housing in the community and to provide affordable housing opportunities in the City; and WHEREAS, the City Council has adopted Council Policy P -1 to implement the provisions of Government Code Section 65590 (Mello) and has included this policy as one of its Housing Element implementation actions; and WHEREAS, the City recognizes it responsibility to designate sufficient vacant land for residential use with appropriate standards to produce housing at the lowest possible cost consistent with Section 65913 of the Government Code; and WHEREAS, the City of Newport Beach recognizes the unique opportunity to provide affordable housing on the CalTrans site; and WHEREAS, the City of Newport Beach recognizes the opportunity to require affordable housing either on- or off -site in conjunction with residential development in the City; and WHEREAS, the City of Newport Beach has prepared a final Environmental Impact Report (EIR) in compliance with the California Environmental Quality Act (CEQA) and the State EIR Guidelines; and WHEREAS, the City Council has reviewed and considered the certified final EIR in making its decision on the proposed amendment to the Newport Beach General Plan; and provides that the City Council, upon recommendation of the Planning • Commission, may amend the General Plan or any part or element or map thereof; and WHEREAS, the General Plan of the City of Newport Beach contains among other elements, the Land Use, Residential Growth and Recreation and Open Space Elements and Maps which serve as a guide for future planning and development of the City; and WHEREAS, the Planning Commission has held a public hearing at which it considered amendments to the Land Use, Residential Growth and Recreation and Open Space Elements and Maps of the Newport Beach General Plan and adopted Resolution No. 1088, recommending to the City Council certain changes and amendments in said elements and maps; and WHEREAS, the City of Newport Beach has, in the General Plan Housing Element, established policies to increase the production of housing in the community and to provide affordable housing opportunities in the City; and WHEREAS, the City Council has adopted Council Policy P -1 to implement the provisions of Government Code Section 65590 (Mello) and has included this policy as one of its Housing Element implementation actions; and WHEREAS, the City recognizes it responsibility to designate sufficient vacant land for residential use with appropriate standards to produce housing at the lowest possible cost consistent with Section 65913 of the Government Code; and WHEREAS, the City of Newport Beach recognizes the unique opportunity to provide affordable housing on the CalTrans site; and WHEREAS, the City of Newport Beach recognizes the opportunity to require affordable housing either on- or off -site in conjunction with residential development in the City; and WHEREAS, the City of Newport Beach has prepared a final Environmental Impact Report (EIR) in compliance with the California Environmental Quality Act (CEQA) and the State EIR Guidelines; and WHEREAS, the City Council has reviewed and considered the certified final EIR in making its decision on the proposed amendment to the Newport Beach General Plan; and WHEREAS, the City Council by this Resolution adopts the Statement of Facts and Statement of Overriding Considerations as required by Sections 15088 and 15089 of the State EIR Guidelines; and WHEREAS, the City Council desires to adopt certain amendments to the Land Use, Residential Growth and Recreation and Open Space Elements and Maps • of the Newport Beach General Plan, as set forth below, NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Newport Beach that: 1. The City Council makes the findings contained in the Statement of Facts with respect to significant impacts identified in the Final EIR together with the finding that each fact in support of the findings is true and is based upon substantial evidence in the record, including the final EIR. The Statement of Facts is attached hereto as Exhibit "A" and incorporated herein by this reference as if fully set forth. 2. The City Council finds that the facts set forth in the Statement of Overriding Considerations are true and are supported by substantial evidence in the record, including the final EIR. The Statement of Overriding Considerations is attached hereto as Exhibit "B" and incorporated herein by this reference as if fully set forth. 3. The City Council finds that the final EIR has identified all significant environmental effects of the project and that there are no known potential environmental impacts not addressed in the final EIR. 4. The City Council finds that all significant effects of the project are set forth in the Statement of Facts. 5. The City Council finds that although the final EIR identifies certain significant environmental effects that will result if the project is approved, all significant effects that can feasibly be avoided or mitigated have been avoided or mitigated by the imposition of conditions on the approved General Plan Amendment and the imposition of mitigation measures as set forth in the Statement of Facts and the final EIR. • 6. The City Council finds that potential mitigation measures and project alternatives not incorporated into the project were rejected as infeasible, based upon specific economic, social and other considerations as set forth in the Statement of Facts and the final EIR. 7. The City Council finds that the unavoidable significant impacts of the project, as identified in the Statement of Facts, that have not been - 2 - reduced to a level of insignificance have been substantially reduced in their impacts by the imposition of conditions on the approved General Plan Amendment and the imposition of mitigation measures. In making its decision on the project, the City Council has given greater weight to the adverse environmental impacts. The City Council finds that the remaining unavoidable • significant impacts are clearly outweighed by the economic, social and other benefits of the project, as set forth in the State of Overriding Considerations. 8. The City Council finds that the final EIR has described all reasonable alternatives to the project that could feasibly obtain the basic objectives of the project, even when those alternatives might impede the attainment of project objectives and might be more costly. Further, the City Council finds that a good faith effort was made to incorporate alternatives in the preparation of the draft EIR and all reasonable alternatives were considered in the review process of the final EIR and ultimate decisions on the project. 9. The City Council finds that the project should be approved and that any alternative to this action should not be approved for the project based on the information contained in the final EIR, the data contained in the Statement of Facts and for the reasons stated in the public record and those contained in the Statement of Overriding Considerations. 10. The City Council finds that a good faith effort has been made to seek out and incorporate all points of view in the preparation of the draft and final EIR as indicated in the public record on the project, including the final EIR. 11. The City Council finds that during the public hearing process on General Plan Amendment 81 -2, the Planning Commission and the environmental documents evaluated a range of alternative land uses and intensities and the project, as approved by this Resolution, is included within that range of alternatives. Therefore, the City Council finds that it is not necessary to • refer the General Plan Amendment back to the Planning Commission for report and recommendation. The City Council has considered the recommendation of the Planning Commission in its decision on the project. 12. The City Council finds and determines that the Final Environmental Impact Report consists of the following documents: a) Volume I - Draft EIR b) Volume II - Technical Appendices - 3 - c) Volume III - Attachments No. 1 and 2 including comments and responses, additional information, and Planning Commission minutes and staff reports. d) Additional Planning Commission minutes e) Planning Commission Resolutions f) City Council Minutes g) City Council Staff Reports (with attachments) h) Comments and responses received prior to final action and not contained in a) through g) above. • All of the above information has been and will be on file with the Planning Department, City of Newport Beach, City Hall, 3300 Newport Boulevard, Newport Beach, CA 92663, (714) 640 -2197. BE IT FURTHER RESOLVED by the City Council of the City of Newport Beach that the Land Use, Residential Growth and Recreation and Open Space Elements and Maps are hereby amended, establishing the following land uses, policies and constraints on future development: Land Use Element CalTrans West: Designate the ±13 acre site northwesterly of the intersection of West Coast Highway and Superior Avenue for Multiple - Family Residential uses at 15 dwelling units per buildable acre. 1. The preferred access to the CalTrans West site is from the proposed Bluff Road (Balboa Boulevard extension) across a portion of the Banning property. A reasonable effort must be made to establish this access from Bluff Road at the time of approval of the tentative tract map for the CalTrans West site if it is submitted prior to tentative maps for the Banning- Newport Ranch. Temporary and limited access may be developed from realigned Superior Avenue. The precise location of all access will be determined at the time of approval of the tentative tract map. 2. That existing views of ocean and bay shall be preserved for a line -of -sight four feet above the lower balcony level of a Newport Crest residence. 3. 20% of the total dwelling units shall be affordable to low and moderate income households as defined in the City's Housing Element. 4. 10% of the total dwelling units shall be affordable to low and moderate income households as set forth in Section 50093 of the Health and Safety Code. 5. CalTrans West will be required to comply with the park dedication ordinance. A park of at least 5 acres in size is to be developed between Coast Highway, Superior Avenue, 15th Street (extended), and Bluff Road (Balboa Boulevard extended). The specific size, location, design, and the means to acquire and develop the park will be determined at the time of approval • of the tentative tract maps for CalTrans West and /or the adjacent Banning - Newport Ranch residential developments. 6. A view park of ±1 acre shall be located on -site and shall partially satisfy the requirements for park dedication contained in Chapter 19.50 of the Newport Beach Municipal Code. 7. A pedestrian and bicycle easement shall be developed to connect the view park with the neighborhood park. The easement shall as much as possible be located to take advantage of ocean and bay views. Precise location and design shall be determined at the time of approval of the tentative tract map. r� : 8. The applicant or successor in interest shall participate in 50% of all costs related to the provision of a pedestrian and bicycle bridge over Superior Avenue at a point to be determined in conjunction with the location of the view park at the time of approval of th tentative tract map. 9. A landscaped greenbelt shall be established adjacent to Newport Crest. The greenbelt shall be a minimum of 30 feet wide and be maintained by the applicant or successor in interest. Park credit shall not be given for the greenbelt. 10. CalTrans will enter into an agreement to dedicate to the City of Newport Beach the property required for the realignment of Superior Avenue. 11. Because of difficulties in providing vehicular access to CalTrans East, and in recognition of both the State's need to dispose of this site and Hoag Hospital's need for additional land, CalTrans has entered into negotiations with Hoag Hospital for the acquisition of CalTrans East. Adoption of detailed zoning and approval of a tentative tract map on CalTrans West shall not occur until CalTrans offers satisfactory evidence that it will restrict access from CalTrans East to Coast Highway. 12. At the time of future discretionary actions the project shall be required to contribute a sum equal to their fair share of future circulation system improvements as shown on the City's Master Plan of Streets and Highways and any other mitigation measures as required. Big Canyon - Area 16: Designate the ±11 acre site southwesterly of the intersection of MacArthur Boulevard and Ford Road for Medium- Density Residential uses at 10 dwelling units per buildable acre. 1. That the requirements of the Park Dedication Ordinance shall be satisfied through on -site or off -site land dedication, the assessment of in -lieu fees or a combination of the above as determined by the Planning Commission and City Council, after recommendation by the Parks, Beaches and Recreation Commission, at the time of approval of the tentative tract map. 2. That a number of units equal to at least 10% of the total units be constructed on -site or off -situ and be affordable to low and moderate income families using City standards. 3. At the time of future discretionary actions the project shall be required to contribute a sum equal. to their fair share of future circulation system improvements as shown on the City's Master plan of Streets and Highways and any other mitigation measures as required. 4. Prior to the approval by the City of any future discretionary actions (i.e., zoning and tentative tract) , the question park credits, development rights and ownership of the Mouth of Big Canyon shall be resolved. Newport Center - Block 400: Allocate an additional 80,000 square feet of medical office development in Newport Center, with related parking facilities. This development is allocated to Block 400, on the parcel located at 400 Newport Center Drive East. 1. The propert shall be rezoned to P -C (Planned Community) District. 2. Specify the development be subject to further review and approval of a use permit. 3. At the time of future discretionary actions the project shall be required to contribute a sum equal to their fair share of future circulation system improvements as shown on the City's Master - 5.- Plan of Streets and Highways and any other mitigation measures as required. Campus Drive: Designate the area bounded by Campus Drive, Dove Street, Birch Street, and Bristol street for a mixture of General Industry and Administrative, Professional and Financial Commercial uses. 1. Establish a permitted intensity of development for the Campus • Drive area (as shown on Exhibit 7 following Page 12 of the draft EIR) of 0.5 floor area ratio, with a floor area ratio of up to 1.0 permitted floor area may be approved if a finding can be made that the traffic and circulation system impacts are no greater than those generated by an office development of 0.5 FAR. The floor area ratio limits are defined as the ratio of gross structural area to the buildable area of the site. 2. Direct that the zoning in the area be amended to implement this General Plan Amendment. 3. At the time of future discretionary actions, individual projects shall be required to contribute a sum equal to their fair share of future circulation system improvements as shown on the City's Master Plan of Streets and Highways and any other mitigation measures as required. Residential Growth Element CalTrans West: Statistical Area A -2 is amended to permit residential development on the CalTrans West site at 15 dwelling units per buildable acre. The property shall be re -zoned to the P -C (Planned Community) District. Big Canyon - Area 16: Statistical Area L -2 is amended to permit residential development on the Big Canyon - Area 16 site at 10 dwelling units per buildable acre. Recreation and Open Space Element CalTrans West: 1. CalTrans West will be required to comply with the park dedication ordinance. A park of at least 5 acres in size is to be developed between Coast Highway, Superior Avenue, 15th Street (extended), and Bluff Road (Balboa Boulevard extended). The specific size, location, design, and the means to acquire and develop the park will be determined at the time of approval of the tentative tract maps for CalTrans West and /or the adjacent Banning - Newport Ranch residential developments. 2. A view park of ±1 acre shall be located on =site and shall partially satisfy the requirements for park dedication contained in Chapter 19.50 of the Newport Beach Municipal Code. 3. A pedestrian and bicycle easement shall be developed to connect the view park with the neighborhood park. The easement shall as much as possible be located to take advantage of ocean and bay views. Precise location and design shall be determined at the time of approval of the tentative tract map. • 4. The applicant or successor in interest shall participate in 50% of all costs related to the provision of a pedestrian and bicycle bridge over Superior Avenue at a point to be determined in conjunction with the location of the view park at the time of approval of the tentative tract map. 0 • Big Canyon - Area 16: 1. Remove the Recreation and Open Space /Golf Course designation. ADOPTED this 9th day of May , 1983. ATTEST: City Clerk PT:nma 7.- FORWORWIPM-14410 M 4/25/83 • STATEMENT OF FACTS May 9, 1983 0 EXHIBIT "A" SIGNIFICANT ENVIRONMENTAL EFFECTS OF THE PROPOSED PROJECT, FINDINGS WITH RESPECT TO SAID EFFECTS, AND STATEMENT OF FACTS IN SUPPORT THEREOF, ALL WITH RESPECT TO THE PROPOSED AMENDMENT OF THE GENERAL PLAN OF THE CITY OF NEWPORT BEACH AND RELATED ACTIONS PERTAINING THERETO FOR THE AREAS 1, 3, 4, and 5 AS SHOWN ON THE ATTACHED EXHIBIT AND COLLECTIVELY DESIGNATED GPA 81 -2. BACKGROUND The California Environmental Quality Act (CEQA) and the State EIR Guidelines (Guidelines) promulgated pursuant thereto provide: "No public agency shall approve or carry out a project for which an environmental impact report has been completed and which identifies one or more significant effects of the project unless the public agency makes one or more of the following written accompanied by a statement of the facts supporting each finding." (Section 15088). The City of Newport Beach proposes to amend the Land Use, Residential Growth and Recreation and Open Space Elements of the General Plan as well as the Local Coastal Program Land Use Plan (Caltrans West Parcel only). Because the proposed actions constitute a project under CEQA and the Guidelines, the City of Newport Beach has prepared an Environmental Impact Report (EIR). The EIR identified certain significant effects- which may occur as a result of this project. Further, the City Council desires to approve this project, and has determined that the EIR is complete and has been prepared in accordance with CEQA and the Guidelines. Therefore, findings are set forth herein pursuant to Section 15088 of the CEQA Guidelines. 17 f IN fit LO of Nil m) , I Jill CALTRANS WEST PARCEL • LANDFORM AND GEOLOGY Impact Landforms will be modified by project development, and the project site is subject to potential geologic hazards. Findings (a) Changes and other measures have been included in the project or are otherwise being implemented which mitigate this significant environmental effect, in that: 1. Development of the site shall be subject to a grading permit to be approved by the Building and Planning Departments. 2. Erosion, siltation, and dust control plans shall be prepared by a civil engineer (based on recommendations of a soil engineer and an engineering geologist) subsequent to the completion of comprehen- sive soil and geologic investigations of the site. Permanent reproducible copies of the "Approved as Built" grading plans on standard -size sheets shall be furnished to the Building Department. 3. Prior to issuance of building permits, specific soils and foundation studies will be prepared. 4. All buildings constructed on the project site shall conform to the Uniform Building Code. 5. A geologic hazards study of any identified active faults will be conducted by an independent third -party expert. (b) All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project as set forth above. 0 (c) Potential mitigation measures or project alternatives not incorporated into the project were rejected as infeasible, (based on economic, • social and other considerations as set forth in the Statement of Facts, the Final EIR, and listed below: 1. At the general plan level of analysis, the site specific impacts of a proposed project cannot be determined in detail. Precise definition of impacts and corresponding mitigation measures requires detailed project information (i.e.., grading plans, site plans, engineering data, etc.) which shall be provided prior to implementation of any development. 2. Project alternatives at different densities would result in similar landform impacts. The "no development" alternative would result in continued erosion and production of sediment, and although the "no- project" alternative would require less landform modification than the proposed project, grading would still be required. (d) Any remaining, unavoidable significant effect is acceptable when balanced against facts set forth above and in the Statement of Overriding Considerations made below, giving greater weight to the remaining, unavoidable significant effect. MI TNXIM Impact Development of the site will result in short -term increases in sedimentation, and long -term incremental increases in urban pollutants and stormwater runoff rates and volumes. Findings (a) Changes and other measures have been included in the project or are • otherwise being implemented which mitigate this significant environmental effect, in that: /i9 1. The velocity of concentrated runoff from the developments shall be • evaluated and erosive velocities controlled as part of project design, including areas immediately adjacent to the site. 2. Erosion, siltation, and dust control plans shall be prepared by the applicant and approved by the Building Department. A copy will be forwarded to the California Regional Water Quality Control Board, Santa Ana Region. 3. Existing onsite drainage facilities shall be improved or upgraded to the satisfaction of the City. 4. Exposed slopes shall be planted as soon as possible to reduce erosion potential. 5. Grading plans shall include a complete plan for temporary and permanent drainage facilities, to minimize any potential impacts from soils, debris, and other water pollutants. 6. All parking and other onsite paved surface shall be routinely vacuumswept and cleaned to reduce debris and pollutants carried into the drainage system. 7. Landscape and irrigation plans for all common areas shall be prepared by a licensed landscape architect. Said plans shall include a maintenance program which controls the use of organophosphates and pesticides. (b) All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project as set forth above. (c) Potential mitigation measures or project alternatives not incorporated • into the project were rejected as infeasible, based on economic, social and other considerations as set forth in the Statement of Facts, the Final EIR, and listed below: I/ i I 1. At the general plan level of analysis, the site specific impacts of a proposed project cannot be determined lin detail. Precise definition of impacts and corresponding mitigation measures requires detailed project information (i.e., ,grading plans, site plans, engineering data, etc.) which shall be provided prior to implementation of any development. 2. Project alternatives at different densities would result in similar hydrologic impacts. The "no development" alternative would reduce or eliminate the introduction of urban pollutants, as would also the "no project" alternative, but would result in long- term sedimentation impacts. (d) Any remaining, unavoidable significant effect is acceptable when balanced against facts set forth above and in the Statement of Overriding Considerations made below, giving greater weight to the remaining, unavoidable significant effect. CULTURAL /SCIENTIFIC RESOURCES .Impact Potential for impacting onsite paleontological resources during grading. Findings (a) Changes and other measures have been included in, the project or are otherwise being implemented which mitigate this significant environmental effect, in that: 1. It shall be the responsibility of a landowner or developer prior to the commencement of land development to cause the proposed site to be examined to determine the existence and extent of archaeo- Iogical /paleontological resources. The examination shall be by qualified observers, approved by the City. The observers shall prepare and submit to the City a written report describing find- ings and making recommendations for further ;action. The report /.2- r • shall discuss both positive and negative aspects of the effects of • the proposed development on archaeological /paleonto - logical resources. • (b) All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project as set forth above. (c) Potential mitigation measures or project alternatives not incorporated into the project were rejected as infeasible, based on economic, social and other considerations as set forth in the Statement of Facts, the Final EIR; and listed below: 1. At the general plan level of analysis, the site specific impacts of a proposed project cannot be determined in detail. Precise definition of impacts and corresponding mitigation measures requires detailed project information (i.e., grading plans, site Plans, engineering data, etc.) which shall be provided prior to implementation of any development. (d) Any remaining, unavoidable significant effect is acceptable when balanced against facts set forth above and in the Statement of Overriding Considerations made below, giving greater weight to the remaining, unavoidable significant effect. LAND USES /LAND USE PLANS Impact The proposed project is not consistent with the Local Coastal Program Land Use Plan or the Land Use, Residential Growth, and Recreation and Environ- mental Open Space Elements of the City of Newport Beach General Plan. /3 0 Findings (a) Changes and other measures have been included in the project or are • otherwise being implemented which mitigate, this significant environmental effect, in that: 1. All affected elements of the General Plan, as 'well as the Land Use Plan of the Newport Beach Local Coastal Program will be amended in accordance with the proposed project thereby correcting any inconsistencies in existing plans /policies. DEMOGRAPHICS Impact The project will add approximately 152 new dwelling units to the City's housing stock and increase population by approximately 342 persons. Findings (a) Potential mitigation measures or project alternatives not incorporated into the project were rejected as infeasible, based on economic, social and other considerations as set forth in the Statement of Facts, the Final EIR, and listed below: 1. The project will increase housing opportunities in the City consistent with the Program and Performance Objectives of the City's Housing Element including a commitment of 20%'of the total units be affordable to low and moderate income households as defined in the Housing Element, and an additional 10% of the total units be affordable to low and moderate income households as defined in Section 50093 of the California Health and Safety Code. (b) Any remaining, unavoidable significant effect is acceptable when balanced against facts set forth above and in the Statement of • Overriding Considerations made below, giving greater weight to the remaining, unavoidable significant effect. TRANSPORTATION /CIRCULATION • Impact The proposed project will generate approximately 1,292 vehicle trips per day. Findings (a) Changes and other measures have been included in the project or are otherwise being implemented which mitigate this significant environ- mental effect, in that: 1. The City requires all development projects over 10 dwelling units or 10,000 square feet to comply with the Traffic Phasing Ordinance (TPO). Prior to approval of zones changes or tentative tract maps for individual projects within GPA 81 -2, applicants will be required to obtain necessary TPO approval. 2. At the time of future discretionary .actions, the project shall be required to contribute a sum equal to their fair share of future circulation system improvements as shown on the City's Master Plan of Streets and Highways and any other mitigations measures as required. The preferred access to the CalTrans West site is from the proposed Bluff Road (Balboa Boulevard extension) across a portion of the Banning property. A reasonable effort must be made to establish this access from Bluff Road at the' time of approval of the tentative tract map for the CalTrans West site if it is submitted prior to tentative maps for the Banning- Newport Ranch. Temporary and limited access may be developed from realigned Superior Avenue. The precise location of all access will be determined at the time of approval of the tentative tract map. • 1. Because of difficulties in providing vehicular access to CalTrans East, a 22 -acre site located east of the project site, and in 15 U recognition of both the State's need to dispose of this site and Hoag Hospital's needs for additional land, CalTrans ihas entered • into negotiations with Hoag Hospital for the acquisition of CalTrans East. Adoption of detailed zoning and approval of a ten- tative tract map on CalTrans West shall not occur until CalTrans offers satisfactory evidence that it will restrict access from CalTrans East to Coast Highway. 4. Upon approval of GPA 82 -1 (of which the proposed project is included) by the City Council, CalTrans will enter into an agree- ment to dedicate to the City of Newport 'Beach the property required for the realignment of Superior Avenue. (b) All significant environmental effects that can ',feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project as set forth above. (c) Potential mitigation measures or project alternatives not incorporated into the project were rejected as infeasible, 'based on economic, social and other considerations as set forth in the Statement of Facts, the Final EIR, and listed below: 1. At the general plan level of analysis, the site specific impacts of a proposed project cannot be determined in detail. Precise definition of impacts and corresponding mitigation measures requires detailed project information (i.e., grading plans, site Plans, engineering data, etc.) which shall be provided prior to implementation of any development. (d) Any remaining, unavoidable significant effect is acceptable when balanced against facts set forth above and in the Statement of Overriding Considerations made below, giving greater weight to the remaining, unavoidable significant effect. • • Impact The project will source pollutants. Findings AIR QUALITY create an incremental increase in stationary and mobile (a) Changes and other measures have been included in the project or are otherwise being implemented which mitigate this significant environmental effect, in that: 1. The grading permits shall include a description of haul routes, access points to the site, and watering and sweeping programs designed to.minimize impacts of haul operation. 2. The project will contribute to circulation system improvements to ease peak traffic flow and reduce congestion. 3. The project will incorporate mandatory energy conservation requirements thereby reducing the need for combustion of fossil fuels and resultant pollutant emissions. (b) All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project as set forth above. (c) Potential mitigation measures or project alternatives not incorporated into the project were rejected as infeasible, based on economic, social and other considerations as set forth in the Statement of Facts, the Final EIR, and listed below: 1. At the general plan, level of analysis, the site specific impacts • of a proposed project cannot be determined in detail. Precise definition of impacts and corresponding mitigation measures 17 requires detailed project information (i.e., plans, engineering data, etc.) which shall implementation of any development. ading plans, site provided prior to 2. Air quality in the project site vicinity is generally good quality due to proximity to the coast and prevailing wind patterns. Miti- gation of air quality impacts is, in part the responsibility of another agency as noted below: a. The implementation of the AQMP for the South Coast Air Basin is the jurisdiction of the AQMD and includes technological improvements to reduce emissions from both mobile and stationary sources. (d) Any remaining, unavoidable significant effect is acceptable when balanced against facts set forth above and ini the Statement of Overriding Considerations made below, giving greater weight to the remaining, unavoidable significant effect. I NOISE Impact Project induced traffic will incrementally increase, noise along major arterials serving the site and vicinity. i Findings (a) Changes and other measures have been included in the project or are otherwise being implemented which mitigate this significant environmental effect, in that: I. The City of Newport Beach requires that noise', levels in exterior living areas (yards and .patios) for residential land uses not exceed 65 CNEL. In addition, the State of California requires that all multi - family residential projects meet the California Noise Insulation Standard (California Administrative Code, Title to. ii • r 25, Chapter 1, Subchapter 1, Article 4) which requires that is interior noise levels in residential living spaces not exceed a CNEL of 45. The City of Newport Beach also applies this standard to all single - family residential projects. • 2. The cumulative noise impacts of regional growth on the Eastbluff area have been evaluated and a Jamboree Road noise wall fund has been established to mitigate those impacts. 3. The cumulative noise impacts of regional growth on Coast Highway in the West Newport area and Irvine Terrace area will be evaluated and Coast Highway noise wall funds have been established to mitigate those impacts. (b) All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project as set forth above. (c) Potential mitigation measures or project alternatives not incorporated into the project were rejected as infeasible, based on economic, social and other considerations as set forth in the Statement of Facts, the Final EIR, and listed below: 1. At the general plan level of analysis, the site specific impacts of a proposed project cannot be determined in detail. Precise definition of impacts and corresponding mitigation measures requires detailed project information (i.e., grading plans, site plans, engineering data, etc.) which shall be provided prior to implementation of any development. (d) The remaining, unavoidable significant effect is acceptable when balanced against facts set forth above and in the Statement of Overriding Considerations made below, giving greater weight to the remaining, unavoidable significant effect. 1 9 PUBLIC SERVICES /UTILITIES Impact • The proposed project will incrementally increase demand for public services /utilities including police and fire protection, ambulance services, hospitals, education facilities, solid waste disposal, water supply, wastewater disposal, electricity, natural gas, and telephone. Findings (a) Changes and other measures have been included in, the project or are otherwise being implemented which mitigate! this significant environmental effect, in that: 1. A lighting plan will be submitted for review by the Police Department at the tentative tract stage of planning for the study area. This is to ensure adequate lighting of pedestrian walkways and parking areas. 2. The provision of adequate fire flow will be required by the Fire Department at the tentative tract map stage. 3. Structures will be equipped with fire suppressor systems as required by code. 4. A program shall be devised in the city for the sorting and pickup of disposal of recyclable material separated from other soild waste. 5. Prior to construction of any project, the availability of water and wastewater collection and treatment shall be verified by the serving agency. 6. A watering system should be designed which minimizes water • consumption (e.g., drip irrigation or tensiometers). McirW • • 7. Drought - resistant vegetation should be planted as appropriate. 8. Standard water - saving devices should be used as appropriate. 9. Project construction will conform with State Energy Conservation Standards as described in California Administrative Code, Title 24, Park 6, Division T -20, Chapter 2. 10. All new structures will comply with applicable building code requirements. (b) All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project as set forth above. (c) Potential mitigation measures or project alternatives not incorporated into the project were rejected as infeasible, based on economic, social and other considerations as set forth in the Statement of Facts, the Final EIR, and listed below: 1. At the general plan level of analysis, the site specific impacts of a proposed project cannot be determined in detail. Precise definition of impacts and corresponding mitigation measures requires detailed project information (i.e., grading plans, site plans, engineering data, etc.) which shall be provided prior to implementation of any development. 2. Given the project's urban location, adequate capacity is generally available for the requisite public services and utilities. "Will - serve" letters will be obtained prior to approval of tentative tract maps for the subject project. (d) The remaining, unavoidable significant effect is acceptable when balanced against facts set forth above and in the Statement of Overriding Considerations made below, giving greater weight to the remaining, unavoidable significant effect. a/ ENERGY CONSERVATION Impact The proposed project will increase demand for energy resources. Findings (a) Changes and other measures have been included in the project or are otherwise being implemented which mitigate 'this significant environmental effect, in that: 1. All new structures will comply with appli-caible building code requirements. 2. Project construction will conform with State Energy Conservation Standards as described in the California Administrative Code, Title 24, Part 6, Division T -20, Chapter 21 (i.e., insulation techniques, water heating system controls, outside air cooling systems, window glazing, "air- tight" construction of buildings, etc.). (b) All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project as set forth above. (c) Potential mitigation measures or project alternatives not incorporated Into the project were rejected as infeasible, based on' economic, social and other considerations as set forth in the Statement of Facts, the Final EIR, and listed below: 1. At the general plan level of analysis, the site specific impacts of a proposed project cannot be determined in detail. Precise definition of impacts and corresponding militigation measures requires detailed project information (i.e., grading plans, site Plans, engineering data, etc.) which shall be ,provided prior to implementation of any development. is (d) The remaining, unavoidable significant effect is acceptable when • balanced against facts set forth above and in the Statement of Overriding Considerations made below, giving greater weight- to the remaining, unavoidable significant effect. • AESTHETICS Impact The proposed project will change the character of the site from vacant land to residential uses, and may affect views from Newport Crest. Findings (a) Changes and other measures have been included in the project or are otherwise being implemented which mitigate this significant environmental effect, in that: 1. Development of the project site shall include a landscape plan subject to approval by the Planning Department and the Parks, Beaches, and Recreation Department. 2. The project shall be designed so that existing views of ocean and bay shall be preserved for a line -of -site four feet above the lower balcony level of a Newport Crest residence. (b) All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project as set forth above. (c) Potential mitigation measures or project alternatives not incorporated into the project were rejected as infeasible, based on economic, social and other considerations as set forth in the Statement of Facts, the Final EIR, and listed below: 023 I i 1. At the general plan level of analysis, the site specilfic impacts of a proposed project cannot: be determined in detain. Precise • definition of impacts and corresponding mitigation measures requires detailed project information (i.e., grading plans, site Plans, engineering data, etc.), which shall be provided prior to implementation of any development. 2. The land use and density of the proposed project will be similar to that of surrounding existing and planned land uses. (d) The remaining, unavoidable significant effect is acceptable when balanced against facts set forth above and in the Statement of Overriding Considerations made below, giving greater weight to the remaining, unavoidable significant effect. RECREATION /OPEN SPACE Impact New residents added by the project will increase demand for recreation facilities /opportunities in the area. Findings (a) Changes and other measures have been included in the project or are otherwise being implemented which mitigate this significant environmental effect, in that: 1. Development of the project site shall include a landscape plan subject to the approval of the Planning Department and the Parks, Beaches and Recreation Department. . 2. Prior to approval of tentative tract map's for residential developments, applicants are required to meet all City policies regarding park dedication and /or in lieu fees. • M 3. CalTrans West will be required to comply with the park dedication • ordinance. A park of at least five acres in size is to be de- veloped between Coast Highway, Superior Avenue, 15th Street (ex- tended), and Bluff Road (Balboa Boulevard extended). The specific size, location, design, and the means to acquire and develop the park will be determined at the time of approval of the tentative tract maps for CalTrans West and /or the adjacent Banning- Newport Ranch residential developments. 4. A view park of tl acre shall be located onsite and shall partially satisfy the requirements for park dedication contained in Chapter 19.50 of the Newport Beach Municipal Code. 5. A pedestrian and bicycle easement shall be developed to connect the view park with the neighborhood park. The easement shall, as much as possible, be located to take advantage of ocean and bay views. Precise location and design shall be determined at the time of approval of the tentative tract map. 6. The applicant or succesor in interest shall participate in 50% of all costs related to the provision of a pedestrian and bicycle bridge over Superior Avenue at a point to be determined in conjunction with the location of the view park at the time of approval of the tentative tract map. 7. A landscaped greenbelt shall be established adjacent to Newport Crest. The greenbelt shall be a minimum of 30 feet wide and be maintained by the applicant or successor in interest. Park credit shall not be given for the greenbelt. (b) All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project as set forth above. C26 i (c) Potential mitigation measures or project alternatives not incorporated into the project were rejected as infeasible, used on economic, • social and other considerations as set forth in the Statement of Facts, the Final EIR, and listed below: 1. At the general plan level of analysis, the site specific impacts of a proposed project cannot, be determined in detail. Precise definition of impacts and corresponding mitigation measures requires detailed project information (i.e., grading plans, site plans, engineering data, etc..) which shall be provided prior to implementation of any development. (d) Any remaining, unavoidable significant effect is acceptable when balanced against facts set forth above and im the Statement of Overriding Considerations made below, giving greater weight to the remaining, unavoidable significant effect. U 10. • BIG CANYON AREA 16 LANDFORM & GEOLOGY Impact Landforms will be modified by project development. Findings (a) Changes and other measures have been included in the project or are otherwise being implemented which mitigate this significant environmental effect, in that: 1. Development of the site shall be subject to a grading permit to be approved by the Building and Planning Departments. 2. Erosion,- siltation, and dust control plans shall be prepared by a civil engineer (based on recommendations of a soil engineer and an engineering geologist) subsequent to the completion of comprehen- sive soil and geologic investigations of the site. Permanent reproducible copies of the "Approved as Built" grading plans on standard -size sheets shall be furnished to the Building Department. 3. Prior to issuance of building permits, specific soils and foundation studies will be prepared. (b) All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project as set forth above. (c) Potential mitigation measures or project alternatives not incorporated • into the project were rejected as infeasible, based on economic, social and other considerations as set forth in the Statement of Facts, the Final EIR, and listed below: C� 7 i 1. At the general plan level of analysis, the site specific impacts of a proposed project cannot be determined in detai'll. Precise definition of impacts and corresponding mitigation measures requires detailed project information (i.e., grading plans, site plans, engineering data, etc.) which shall be provided prior to implementation of any development. 2. Project alternatives, of different densities would result in similar landform impacts. No development would allow continued erosion and sedimentation impacts. (d) The remaining, unavoidable significant effect is acceptable when balanced against facts set forth above and in the Statement of Overriding Considerations made below, giving greater weight to the remaining, unavoidable significant effect. HYDROLOGY Impact Development of the site will result in short -term increases in sedimenta- tion and long -term, incremental increases in urban pollutants' and storm - water runoff rates and volumes. Findings (a) Changes and other measures have been included in the project or are otherwise being implemented which mitigate this significant environmental effect, in that: 1. The velocity of concentrated runoff from the developments shall be evaluated and erosive velocities controlled as part'of project design, including areas immediately adjacent to'the site. 2. Erosion, siltation, and dust control plans shall be prepared by the applicants and approved by the Building Department. A copy • will be forwarded to the California Regional Water Quality Board, Santa Ana Region. M • 3. Existing onsite drainage facilities shall be improved or upgraded to the satisfaction of the City. 4. Exposed slopes shall be planted as soon as possible to reduce erosion potential. 5. Grading plans shall include a complete plan for temporary and permanent drainage facilities, to minimize any potential impacts from silt, debris, and other water pollutants. 6. All parking and other onsite paved surfaces shall be routinely vaccum -swept and cleaned to reduce debris and pollutants carried into the drainage system. 7. Landscape and irrigation plans for all common areas shall be prepared by a licensed landscape architect. Said plans shall include a maintenance program which controls the use of organophosphates and pesticides. (b) All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project as set forth above. (c) Potential mitigation measures or project alternatives not incorporated into the project were rejected as infeasible, based on economic, social and other considerations as set forth in the Statement of Facts, the Final EIR, and listed below: 1. At the general plan level of analysis, the site specific impacts of a proposed project cannot be determined in detail. Precise definition of impacts and corresponding mitigation measures requires detailed project information (i.e., grading plans, site plans, engineering data, etc.) which shall be provided prior to isimplementation of any development. 2. Alternatives to the proposed project would create similar hydro- logic impacts. No development would reduce or eliminate the M" �I introduction of urban pollutants but would �esult i'in long -term sedimentation impacts. The "no project" alternative would reduce the amount of storm water runoff due to vegetated open space. (d) The remaining, unavoidable significant effect is acceptable when balanced against facts set forth above and inl, the Statement of Overriding Considerations made below, giving greater weight to the remaining, unavoidable significant effect. BIOLOGICAL RESOURCES Impact Existing vegetation including two remnant riparian areas will be removed prior to proposed development. Findings (a) Changes and other measures have been included in the project or are otherwise being implemented.. which mitigate this significant environmental effect, in that: 1. A preliminary grading concept :plan will be! submitted at the tentative tract map and /or P -C zoning stages of approval. 2. Erosion, siltation and dust control plans shall, be approved by the City prior to development. 3. Landscape and irrigation plans for all common areas shall be prepared by a licensed landscape architect. 4. Exposed slopes shall be planted as soon as possible. • (b) All significant environmental effects that can feasibly be avoided have been eliminated or 'substantially lessened by virtue of mitigation . measures identified in the Final EIR and incorporated into the project as set forth above. 30 • (c) Potential mitigation measures or project alternatives not incorporated into the project were rejected as infeasible, based on economic, social and other considerations as set forth in the Statement of Facts, the Final EIR, and listed below: 1. At the .general plan level of analysis, the site specific impacts of a proposed project cannot be determined in detail. Precise definition of impacts and corresponding mitigation measures requires detailed project information (i.e., grading plans, site plans, engineering data, etc.) which shall be provided prior to implementation of any development. 2. Density variation alternatives would not demonstrably change the impact on existing biota. No development or "no- action" could preserve limited riparian resources however, the biological consultant noted that these areas are isolated remnants containing little inherent value or relationship to offsite associations. (d) The remaining, unavoidable significant effect is acceptable when balanced against facts set forth above and in the Statement of Overriding Considerations made below, giving greater weight to the remaining, unavoidable significant effect. CULTURAL /SCIENTIFIC RESOURCES Impact Potential paleontological resources may exist onsite. Findings (a) Changes and other measures have been included in the project or are otherwise being implemented which mitigate this significant environmental effect, in that: • 1. It shall be the responsibility of a landowner or developer prior to the commencement of land development to cause the proposed site 31 to be examined to determine the existence and archaeo- logical/paleontological resources. The examihation shall be by • qualified observers, approved by the City. the observers shall prepare and submit to the City a written) report) describing findings and making recommendations for further action. The report shall discuss both positive and negative aspects of the effects of the proposed development on archaeological/ paleontological resources. (b) All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project as set forth above. (c) Potential mitigation measures or project alternatives not incorporated into the project were rejected as infeasible, based on economic, social and other considerations as set forth in the Statement of Facts, the Final EIR, and listed below: 1. At the general plan level of analysis, the site specific impacts of a proposed project cannot be determined in detail. Precise definition of impacts and corresponding mitigation measures requires detailed project information (i.e., grading plans, site plans, engineering data, etc.) which shall be provided prior to implementation of any development. (d) The remaining, unavoidable significant effect is acceptable when balanced against facts set forth above and in' the Statement of Overriding Considerations made below, giving greater weight to the remaining, unavoidable significant effect. LAND USES /LAND USE PLANS Impact The proposed project is not consistent with the existing Land Use, • Residential Growth, Recreation and Open Space Elements of the Newport Beach General Plan. 3.;1-- Findings (a) Changes and other measures have been included in the project or are otherwise being implemented which mitigate this significant environmental effect, in that: 1. All general plan elements will be amended in accordance with the proposed project thereby correcting any inconsistencies in existing plans /policies. DEMOGRAPHICS Impact The project will add approximately 87 additional dwelling units to the City's housing stock and increase population by approximately 196 persons. Findings (a) Potential mitigation measures or project alternatives not incorporated into the project were rejected as infeasible, based on economic, social and other considerations as set forth in the Statement of Facts, the Final EIR, and listed below: 1. The project will increase housing opportunities in the City consistent with the Program and Performance Objectives of the City's Housing Element including a required commitment of 10% of the total units be constructed onsite or offsite and be affordable to low and moderate income families under city standards. (b) The remaining, unavoidable significant effect is acceptable when balanced against facts set forth above and in the Statement of Overriding Considerations made below, giving greater weight to the remaining, unavoidable significant effect. 33 r Impact The proposed day. Findings TRANSPORTATIONJCIRCULATION project will generate approximately 740 vehicle trips per (a) Changes and other measures have been included in the project or are otherwise being implemented which mitigate this significant environmental effect, in that: 1. The City requires all development projects over 10 dwelling units or 10,000 square feet to comply with the Traffic Phasing Ordinance (TPO). Prior to approval of zones changes or tentative tract maps for individual projects within GPA 81 -2, applicants will be required to obtain necessary TPO approval, 2. At the time of future discretionary, action the project shall be required to contribute a sum equal to their fair share of future circulation system improvements as shown on the City's Master Plan of Streets and Highways and any other mitigation (measures as required. (b) All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into'the project as set forth above. (c) Potential mitigation measures or project alternatives not 'incorporated into the project were rejected as infeasible, (based on economic, social and other considerations as set forth in the Statement of Facts, the Final EIR, and listed below: 1. At the general plan level of analysis, the site specific impacts of a proposed project cannot be determined in detail. Precise definition of impacts and corresponding mitigation measures 34 r. requires detailed project information (i.e., grading plans, site ® plans, engineering data, etc.) which shall be provided prior to implementation of any development. (d) The remaining, unavoidable significant effect is acceptable when balanced against facts set forth above and in the Statement of Overriding Considerations made below, giving greater weight to the remaining, unavoidable significant effect. AIR QUALITY Impact The project will create on incremental increase in stationary and mobile source pollutants. Findings (a) Changes and other measures have been included in the project or are otherwise being implemented which mitigate this significant environmental effect, in that: 1. The grading permits shall include a description of haul routes, access points to the site, and watering and sweeping programs designed to minimize impacts of haul operation. 2. The project will contribute to circulation system improvements to ease peak traffic flow and reduce congestion. 3. The project will incorporate mandatory energy conservation requirements thereby reducing the need for combustion of fossil fuels and resultant pollutant emissions. (b), All significant environmental effects that can feasibly be avoided have been eliminated or- substantially lessened by virtue of mitigation • measures identified in the Final EIR and incorporated into the project as set forth above. 35 (c) Potential mitigation measures or project alternatives not lincorporated into the project were rejected as infeasible, based on economic, • social and other considerations as set forth in the Statement of Facts, the Final EIR, and ,listed below: 1. Air quality in the project site vicinity is generally good quality due to proximity to the coast and prevailing wind patterns. Mitigation of air quality impacts is, in part; the responsibility of another agency as noted below: I a. The implementation of the AQMP for the South Coast Basin is the jurisdiction of the AQMO and includes technological improvements to reduce emissions from both mobile and stationary sources. (d) The remaining, unavoidable significant effect is acceptable when balanced against facts set forth above and inl the Statement of Overriding Considerations made below, giving greater weight to the remaining, unavoidable significant effect. NOISE Impact Project induced traffic will incrementally increase', noise along major arterials serving the site and vicinity. Findings I I (a) Changes and other measures have been included in 'the project or are otherwise being implemented which mitigate I this significant environmental effect, in that: 1. The City of Newport Beach requires that noise', levels in exterior living areas (yards and patios) for residential land uses not exceed 65 CNEL. In addition, the State of California requires • that all multi - family residential projects meet the California .3Co Noise Insulation Standard (California Administrative Code, Title • 25, Chapter 1, Subchapter 1, Article 4) which requires that interior noise levels in residential living spaces not exceed a CNEL of 45. The City of Newport Beach also applies this standard to all single- family residential projects. 2. The cumulative noise impacts of regional growth on the Eastbluff area have been evaluated and a Jamboree Road noise wall fund has been established to mitigate those impacts. 3. The cumulative noise impacts of regional growth on Coast Highway in the West Newport area and Irvine Terrace area will be evaluated and Coast Highway noise wall funds have been established to mitigate those impacts. (b) All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project as set forth above. (c) Potential mitigation measures or project alternatives not incorporated into the project were rejected as infeasible, based on economic, social and other considerations as .set forth in the Statement of Facts, the Final EIR, and listed below: 1. At the general plan level of analysis, the site specific impacts of a proposed project cannot be determined in detail. Precise definition of impacts and corresponding mitigation measures requires detailed project information (i.e., grading plans, site plans, engineering data, etc.) which shall be provided prior to implementation of any development. (d) The remaining, unavoidable significant effect is acceptable when balanced against facts set forth above and in the Statement of • Overriding Considerations made below, giving greater weight to the remaining, unavoidable significant effect. 37 PUBLIC SERVICES /UTILITIES Impact The proposed project will incrementally increase Idemand for public services /utilities including police and fire protection, ambulance services, hospitals, education facilities, solid waste disposal, water supply, wastewater disposal, electricity,.natural gas, and telephone. Findings (a) Changes and other measures have been included in the project or are otherwise being implemented which mitigate this significant environmental effect, in that: 1. A lighting plan will be submitted for review by the Police Department at the tentative tract stage of planning for each of the study areas. This is to ensure adequate lighting of pedestrian walkways and parking areas. 2. The provision of adequate fire flow will be required by the Fire Department at the tentative tract map stage. 3. Structures will be equipped with fire suppressor systems as required by code. 4. A program shall be devised in the city for the sorting and pickup of disposal of recyclable material separated from other soild waste. 5. Prior to construction of any project, the availability of water and wastewater collection and treatment shall be verified by the serving agency. 6. A watering system. should be designed which minimizes water consumption (e.g., drip irrigation or tensiometers). 7. Drought- resistant vegetation should be planted as appropriate. 3 a � • 8. Standard water - saving devices should be used as appropriate. • 9. Project construction will conform with State Energy Conservation Standards as described in California Administrative Code, Title 24, Park 6, Division T -20, Chapter 2. 10. A11 new structures will comply with applicable building code requirements. (b) All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project as set forth above. (c) Potential mitigation measures or project alternatives not incorporated into the project were rejected as infeasible, based on economic, social and other considerations as set forth in the Statement of Facts, the Final EIR, and listed below: 1. At the general plan level of analysis, the site specific impacts of a proposed project cannot be determined in detail. Precise definition of impacts and corresponding mitigation measures requires detailed project information (i.e., grading plans, site plans, engineering data, etc.) which shall be provided prior to implementation of any development. 2. Given the project's urban location, adequate capacity is generally available for the requisite public services and utilities: "Will - serve" letters will be obtained prior to approval of tentative tract maps for the subject project. (d) The remaining, unavoidable significant effect is acceptable when balanced against facts set forth above and in the Statement of Overriding Considerations made below, giving greater weight to the • remaining, unavoidable significant effect. M i III ENERGY CONSERVATION Impact The proposed project will increase demand for energy resources.. Findings (a) Changes and other measures have been included in the project or are otherwise being implemented which mitigate ' this significant environmental effect, in that: 1. Al new structures will comply with applicable building code requirements. 2. Project construction will conform with State Energy Conservation Standards as described in the California Administrative Code, Title 24, Part 6, Division T -20, Chapter 2I (i.e., insulation techniques, water heating system controls, outside air cooling systems, window glazing, "air- tight" construction of buildings, etc.). (b) All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project as set forth above. (c) Potential mitigation measures or project alternatives not incorporated into the project were rejected as infeasible, based on economic, social and other considerations as set forth in the Statement of Facts, the Final EIR, and listed below: • 1. At the general plan level of analysis, the site specilfic impacts of a proposed project cannot be determined in detail. Precise definition of impacts and corresponding mitigation measures • requires detailed project information (i.e., grading plans, site plans, engineering data, etc.) which shall be provided prior to implementation of any development. (d) The remaining, unavoidable significant effect is acceptable when balanced against facts set forth above and in the Statement of Overriding Considerations made below, giving greater weight to the remaining, unavoidable significant effect. AESTHETICS Impact The proposed project will change the character of the site from vacant land to residential uses. Findings (a) Changes and other measures have been included in the project or are otherwise being implemented which mitigate this significant environmental effect, in that: 1. Development of the project site shall include a landscape plan subject to approval by the_ Planning Department and the Parks, Beaches, and Recreation Department. (b) All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project as set forth above. (c) Potential mitigation measures or project alternatives not incorporated into the project were rejected as infeasible, based on economic, social and other considerations as set forth in the Statement of Facts, the Final EIR, and listed below: I. At the general plan level of analysis, the site specific impacts of a proposed project cannot be determined in detail. Precise definition of impacts and corresponding mitigation measures • requires detailed project information (i.e., grading plans, site plans, engineering data, etc.) which shall be provided prior to implementation of any development. ¢t 2. The density of the proposed surrounding residential areas. project will be (d) The remaining, unavoidable significant effe balanced against facts set forth above an Overriding Considerations made below, giving remaining, unavoidable significant effect. RECREATION /OPEN SPACE Impact I similar, to that of t is accelptable when in the Statement of greater weight to the New residents added by the project will increase demand for recreation facilities /opportunities in the area. Findings (a) Changes and other measures have been included in the project or are otherwise being implemented which mitigate this 'significant environmental effect, in that: 1. Development of the site shall include a landscape plan subject to the approval of the Planning Department and the Parks, Beaches and Recreation Department. 2. Prior to approval of tentative tract maps for residential developments, applicants are required to meet all City policies regarding park dedication and /or in lieu fees. 3. Prior to the approval by the City of any future discretionary actions (i.e., zoning and tentative tract), the question of park credits, development rights and ownership of the Mouth of Big Canyon shall be resolved. (b) All significant environmental effects that can feasibly be avoided • have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project as set forth above. 4�.9- • (c) Potential mitigation measures or project alternatives not incorporated into the project were rejected as infeasible, based on economic, social and other considerations as set forth in the Statement of Facts, the Final EIR, and listed below: • 1. At the general plan level of analysis, the site specific impacts of a proposed project cannot be determined in detail. Precise definition of impacts and corresponding mitigation measures requires detailed project information (i.e., grading plans, site plans, engineering data, etc.) which shall be provided prior to implementation of any development. 2. As a result of the Coastal Development Permit for the Backbay gravity sewer line and with the adoption of the Local Coastal Program Land Use Plan it is the policy of the City of Newport Beach that a determination regarding the disposition of the Mouth of Big Canyon be made in association with the establishment of a site for additional residential development in the Big Canyon Planned Community. (d) The remaining, unavoidable significant effect is acceptable when balanced against facts set forth above and in the Statement of Overriding Considerations made below, giving greater weight to the remaining, unavoidable significant effect. MY 0 BLOCK 400 - NEWPORT CENTER LAND USES /LAND USE PLANS • Impact The proposed project is not consistent with the existing' Land Use Element. Findings (a) Changes and other measures have been included in the project or are otherwise being implemented which mitigate Ithis significant environmental effect, in that: 1. The Land Use Element will be amended in accordance with the proposed project thereby correcting any inconsistencies in existing plans /policies. DEMOGRAPHICS Impact The project project will generate employment opportunties and related demand for housing. Findings (a) Potential mitigation measures or project alternatives not incorporated into the project were rejected as infeasible, based on economic, social and other considerations as set forth in the Statement of Facts, the Final EIR, and listed below: 1. Alternatives to the ,project including "no- project ", a reduced project, theater use, or residential would mitigate the demand for • housing however, employment opportunities would be reduced. In addition, the level of medical service (including emergency treat- ment) provided to residents east of Newport Bay would either be • reduced or not provided at all. (b) The remaining, unavoidable significant effect is acceptable when balanced against facts set forth above and in the Statement of Overriding Considerations made below, giving greater weight to the remaining, unavoidable significant effect. TRANSPORTATION /CIRCULATION Impact The proposed project will generate approximately 3,600 additional vehicle trips per day. Findings (a) Changes and other measures have been included in the project or are otherwise being implemented which mitigate this significant environmental effect, in that: 1. The City requires all development projects over 10 dwelling units or 10,000 square feet to comply with the Traffic Phasing Ordinance (TPO). Prior to approval of zones changes or tentative tract maps for individual projects within GPA 81 -2, applicants will be required to obtain necessary TPO approval. 2. At the time of future discretionary actions the project shall be required to contribute a sum equal to their fair share of future circulation system improvements as shown on the City's Master Plan of Streets and Highways and any other mitigation measures as required. 3. Development shall be subject to further revview and approval of a • use permit. (b) All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation ¢s measures identified in the Final EIR and incorporated into the project as set forth above. (c) Potential mitigation measures or project alternatives not (incorporated into the project were rejected as infeasible, based on economic, social and other considerations as set forth in the Statement of Facts, the Final EIR, and listed below: 1. At the general plan level of analysis, the site specific impacts of a proposed project cannot be determined in detail. Precise definition of impacts and corresponding mitigation measures requires detailed project information (i.e., grading plans, site plans, engineering data, etc.) which shall be provided prior to implementation of any development. (d) The remaining, unavoidable significant effect is acceptable when balanced against facts set forth above and in the Statement of Overriding Considerations made below, giving greater weight to the remaining, unavoidable significant effect. AIR QUALITY impact The project will create an incremental increase in stationary and mobile source pollutants. Findings (a) Changes and other measures have been included in the project or are otherwise being implemented which mitigate i this significant environmental effect, in that: 1. Grading permits shall include a description haul routes, access points to the site, .end watering and sweeping programs designed to minimize the release of particulates during construction. 0 0 • 2. The project will contribute to circulation system improvements to ease peak traffic flow and reduce congestion. 3. The project will incorporate mandatory energy conservation features thereby reducing the need for combustion of fossil fuels and resultant pollutant emissions. (b) All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project as set forth above. (c) Potential mitigation measures or project alternatives not incorporated into the project were rejected as infeasible, based on economic, social and other considerations as set forth in the Statement of Facts, the Final EIR, and listed below: 1. Air quality in the project vicinity is generally good quality due to proximity to the coast and prevailing wind patterns. Mitigation of air quality impacts is, in part, the responsibility of another agency as noted below: a. The implementation of the AQMP for the South Coast Basin is the jurisdiction of the AQMD and includes technological improvements to reduce omissions from both mobile and stationary sources. (d) The remaining, unavoidable significant effect is acceptable when balanced against facts set forth above and in the Statement of Overriding Considerations made below, giving greater weight to the remaining, unavoidable significant effect. NOISE Impact • Project induced traffic will incrementally increase noise along major arterials serving the site and vicinity. Findings (a) Changes and other measures have been included inl the project or are otherwise being implemented which mitigate this significant environmental effect, in that: 1. The cumulative noise impacts of regional growth on the Eastbluff area have been evaluated and a Jamboree road Inoise wall fund has been established to mitigate those impacts. 2. The cumulative noise impacts of regional growth on Coast Highway in the West Newport area and the Irvine Terrace area will be evaluated and Coast Highway noise wall fundshave been established to mitigate those impacts. (b) All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project as set forth above. (c) Potential mitigation measures or project alternatives not incorporated into the project were rejected as infeasible, .based on economic, social and other considerations as set forth ijn the Statement of Facts, the Final EIR, and listed below: 1. At the general plan level of analysis, the site specific impacts of a proposed project cannot be determined in detail. Precise definition of impacts and corresponding mitigation -measures requires detailed project information (i.e., igrading plans, site plans, engineering data, etc.) which shall be provided prior, to implementation of any development. (d) The remaining, unavoidable significant effect 'is acceptable when balanced against facts set forth above and in the Statement of Overriding Considerations made below, giving greater weight to the remaining, unavoidable significant effect. 40 • • PUBLIC SERVICES /UTILITIES Impact The proposed project will incrementally increase demand for public services /utilities including police and fire protection, ambulance services, hospitals, solid waste disposal, water supply, wastewater disposal, electricity, natural gas, and telephone. Findings (a) Changes and other measures have been included in the project or are otherwise being implemented which mitigate this significant environmental effect, in that: 1. A lighting plan will be submitted for review by the Police Department at the tenatative tract stage of planning for each of the study areas. This is to ensure adequate lighting of pedestrian walkways and parking areas. 2. The provision of adequate fire flow will be required by the Fire Department at the building permit stage of development. 3. Structures will be equipped with fire suppressor systems as required by code. 4. A program shall be devised in the city for the sorting and pickup or disposal of recyclable material separated from other solid waste. 5. Prior to construction of any project, the availability of water and wasterwater collection and treatment shall be verified by the serving agency. • 6. A watering system should be designed which minimizes water consumption (e.g,, drip irrigation or tensiomemters). 7. Drought- resistant vegetation should be planted as appropriate. 0 8. Standard water - saving devices should be used as appropriate. • 9. Project construction will conform with State Energy) Conservatin Standards as described in California Administrative Code, Title 24, Part 6, Division T -20, Chapter 2. 10. All new structures will comply with applicable building code requirements. (b) All significant environmental effects that can '!feasibly be avoided have been eliminated or substantially lessened by ,virtue of mitigation measures identified in the Final EIR and incorporated into the project as set forth above. (c) Potential mitigation measures or project alternatives not incorporated into the project were rejected as infeasible,' based on economic, social and other considerations as set forth in the Statement of Facts, the Final EIR, and listed below: 1. At the general plan level . ,of analysis, the site specific impacts of a proposed project cannot be determined in detail. Precise definition of impacts and corresponding mitigation measures requires detailed project information (i.e., grading plans, site plans, engineering data, etc.) which shall be provided prior to implementation of any development. 2. Given the project's urban location, adequate capacity is generally available for the requisite public services and utilities. "W'ill- serve" letters will be obtained prior to approval', of building permits for the subject project. (d) The remaining, unavoidable significant effect is acceptable when balanced against facts set forth above and in the Statement of Overriding Considerations made below, giving greater weight to the remaining, unavoidable significant effect. is Wi WZM ENERGY CONSERVATION Impact The proposed project will increase demand for energy resources. Findings (a) Changes and other measures have been included in the project or are otherwise being implemented which mitigate this significant environmental effect, in that: 1. All new structures will comply with applicable building code requirements. 2. Project construction will conform with State Energy Conservation Standards as described in the California Administrative Code, Title 24, Part 6, Division T -20; Chapter 2 (i.e., insulation techniques, water heating system controls, outside air cooling systems, window glazing, . "air- tight." construction of, buildings, etc.). (b) A1.1 significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project as set forth above. (c) Potential mitigation measures or project alternatives not incorporated into the project were rejected as infeasible, based on economic, social and other considerations as set forth in the Statement of Facts, the Final EIR, and listed below: 1. At the general plan level of analysis, the site specific impacts of a proposed project cannot be determined in detail. Pretise • definition of impacts and corresponding mitigation measures requires detailed project information (i.e., grading plans, site plans, engineering data, etc.) which shall be provided prior to implementation of any development. 5/ i . (d) The remaining, unavoidable significant effect balanced against facts set forth above and in! th Overriding Considerations made below, giving greater remaining, unavoidable significant effect. s ac Impact AESTHETICS ce'table when Statement of • weight to the The proposed project will add another element to the existing high rise character of Newport Center and may impair /obstruct views from surrounding office or residential areas. Findings (a) Changes and other measures have been included in the project or are otherwise being implemented which mitigate this significant environmental effect, in that: 1. Development shall be subject- to further design review and approval of a use permit. (b) All significant environmental effects that can feasibly, be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR,and incorporated into the project as set forth above. (c) Potential mitigation measures or project alternatives not ;incorporated into the project were rejected as infeasible, ,based on economic, social and other considerations as set forth in the Statement of Facts, the Final EIR, and listed below: 1. At the general plan level of analysis, the site specific impacts of a proposed project cannot be determined in detail. Precise definition of impacts and corresponding mitigation measures requires detailed project information (i.e., ,grading plans, site plans, engineering data, etc.) which shall be provided prior to implementation of any development. SI. r� �i (d) The remaining, unavoidable significant effect is acceptable when • balanced against facts set forth above and in the Statement of Overriding Considerations made below, giving greater weight to the remaining, unavoidable significant effect. 0 4 CAMPUS DRIVE OFFICE /INDUSTRIAL DEMOGRAPHICS Impact While reducing ultimate employment levels allowed under the current General Plan land use designation, the project would create increased employment opportunities and resultant housing demand over existing development. Findings (a) Potential mitigation measures or project alternatives not incorporated into the project were rejected as infeasible, based on economic, social and other considerations as set forth in the Statement of Facts, the Final EIR, and listed below: 1. Alternatives to the project except for "no- development" would generate similar levels of. employment. No development is not considered viable because much of the project area is presently in a run -down condition with very high vacancy rate. In addition, the project area is readily accessible to residents, of surround- ing communities from two major freeways. Finally, the project will encourage redevelopment of the area and 'provide jobs and tax revenues for the City, (b) The remaining, unavoidable significant effect is acceptable when balanced against facts set forth above and in the Statement of Overriding Considerations made below, giving greater weight to the remaining, unavoidable significant effect. J4 • r • TRANSPORTATION /CIRCULATION Imp While limiting the amount of traffic generated by the existing General Plan and zoning designations, the project would allow up to approximately 5,707 additional trips over existing development. Findings (a) Changes and other measures have been included in the project or are otherwise being implemented which mitigate this significant environmental effect, in that: 1. The City requires all development projects over 10 dwelling units or 10,000 square feet to comply with the Traffic Phasing Ordinance (TPO). Prior to approval of zones changes or tentative tract maps for individual projects within GPA 81 -2, applicants will be required to obtain necessary TPO approval. 2. At the time of future discretionary actions, individual develop- ments within the project area shall be required to contribute a sum equal to their fair share of future circulation system improvements as shown on the City's Master Plan of Streets and Highways and any other mitigation measure as required. (b) All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project as set forth above. (c) Potential mitigation measures or project alternatives not incorporated into the project were rejected as infeasible, based on economic, social and other considerations as set forth in the Statement of • Facts, the Final EIR, acid listed below: 1. At the general plan level of analysis, the s to specific impacts of a proposed project cannot be determined in detail. Precise definition of impacts and corresponding mitigation measures requires detailed project information (i.e., Ilgrading plans, site plans, engineering data, etc.) which shall be provided prior to implementation of any development. 2. Industrial and mixed - industrial project alternatives would gene- rate lower traffic volumes than the proposed project which has a greater emphasis on office use. However, light industrial use in the project area has been diminshing for several years' due to land values and changes in surrounding land use. Redevelopment of the area for industrial use is not considered viable based on the land value and land use trends. The "no- development" alternative would not generate any additional traffic, however, this option was rejected based on the social and economic considerations noted under demographics above. (d) The remaining, unavoidable significant effect is acceptable when balanced against facts .set forth above and in the Statement of Overriding Considerations made below, giving greater weight to the remaining, unavoidable significant effect. AIR QUALITY Impact While limiting air emissions potentially generated under the existing General Plan, the project will create on incremental increase in stationary and mobile source pollutants over existing development. Findings (a) Changes and other measures have been included in the project or are otherwise being implemented which mitigate' this significant environmental effect, in that: S�2 r1 u J r • 1. Grading permits shall include a description of haul routes, access points to the site, and watering and sweeping programs designed to minimize the release of particulate during construction. 2. Individual developments within the project area will contribute to circulation system improvements to ease peak traffic flow and reduce congestion. 3. Individual developments within the project area will incorporate mandatory energy conservation features thereby reducing the need for combination of fossil funds and resultant pollutant emissions. (b) All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project as set forth above. (c) Potential mitigation measures or project alternatives not incorporated into the project were rejected as infeasible, based on economic, social and other considerations as set forth in the Statement of Facts, the Final EIR, and listed below: 1. Air quality in the project vicinity is generally good quality due to proximity to the coast and prevailing wind patterns. Mitiga- tion of air quality impacts is, in part, the responsibility of another agency as noted below: a. The implementation of the AQMP for the South Coast Basin is within the jurisdiction of the AQMD and includes technological improvements to reduce emissions from both mobile and stationary sources. 2. Except for the "no- development" alternative, other project alternatives would result in similar increases in emission of • stationary and mobile source air pollutants. These alternatives were rejected based on the social and economic factors described above. 57 (d) The remaining, unavoidable significant effect �s balanced against facts set forth above and in Overriding Considerations made below, giving great remaining, unavoidable significant effect. NOISE Impact acceptable when the Statement of er weiight to the While limiting traffic - related noise potentially generated under the existing General Plan, traffic generated by development allowed under the project will incrementally increase noise along major arterials serving the site and vicinity. Findings I (a) Changes and other measures have been included inl the project or are otherwise being implemented which mitigate this significant environmental effect, in that: 1. The cumulative noise impacts of regional growth on the Eastbluff area have been evaluated and a Jamboree Road noise wall fund has been established to mitigate those impacts. 2. The cumulative noise impacts of regional growth on Coast Highway in the West Newport area and the Irvine Terrace area will be evaluated and Coast Highway noise wall funds have been established to mitigate those impacts. (b) All significant environmental effects that can !,feasibly be avoided have been eliminated or substantially lessened by 'virtue of mitigation measures identified in the Final EIR and incorporated into the project as set forth above. • (c) Potential mitigation measures or project alternatives not incorporated into the project were rejected as infeasible, based on economic, social and other considerations as set forth in the Statement of • Facts, the Final EIR, and listed below: S8 II • 1. At the general. plan level of analysis, the site specific impacts of a proposed project cannot be determined in detail. Precise definition of impacts and corresponding mitigation measures requires detailed project information (i.e., grading plans, site plans, engineering data, etc.) which shall be provided prior to implementation of any development. 2. .Except for the "no- development" alternative, other project alternatives would result in similar increases in noise levels along area arterials. These alternatives including "no- development", were rejected based on the social and economic factors described under DEMOGRAPHICS AND TRANSPORTATION/ CIRCULATION above. (d) The remaining, unavoidable significant effect is acceptable when balanced against facts set forth above and in the Statement of Overriding Considerations made below, giving greater weight to the remaining, unavoidable significant effect. PUBLIC SERVICES /UTILITIES Impact While limiting the demand for public services /utilities potentially generated under the existing General Plan, new development allowed by the proposed project will incrementally increase demand for public services and utilities including police and fire protection, ambulance services, hospitals, solid waste disposal, water supply, wastewater disposal, electricity, natural gas, and telephone. Findings (a) Changes and other measures have been included in the project or are otherwise being implemented which mitigate this significant • environmental effect, in that: 1. A lighting plan will be submitted for review by Ithe Police Department at the tentative tract stage of planning for each of the study areas. This is to ensure adequate lilghting and pedestrian walkways and parking areas. 2. The provision of adequate fire flow will be required by the Fire Department at the building permit stage of development. 3. Structures will be equipped with fire suppressor systems as required by code. 4. A program shall be devised in the City for the sorting and pickup or disposal of recyclable material separated', from other solid waste. 5. Prior to construction of any project, the availability of water and wastewater collection and treatment shall be verified by the serving agency. 6. A watering system should be designed which minimizes water consumption (e.g., drip irrigation or tensionmeters). 7. Drought- resistant vegetation should be planted as appropriate. 8. Standard water - saving devices should be used as, appropriate. 9. Project construction will conform with State ,Energy Conservation Standards described in California Administratilve Code, Title 24, Part 6, Division T -20, Chapter 2. 10. All new structures will comply with applicable building code requirements. �J (b) All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project • "" as set forth above. LPL (c) Potential mitigation measures or project alternatives not incorporated • into the project were rejected as infeasible, based on economic, social and other considerations as set forth in the Statement of Facts, the Final EIR, and listed below: 1. At the general plan level of analysis, the site specific impacts of a proposed project cannot be determined in detail. Precise definition of impacts and corresponding mitigation measures requires detailed project information (i.e., grading plans, site plans, engineering data, etc.) which shall be provided prior to implementation of any development. 2. Given the project's urban location, adequate capacity is generally available for the requisite public services and utilities. "Will - serve" letter will be obtained prior to approval of building permits for the subject project. (d) The remaining, unavoidable significant effect is acceptable when balanced against facts set forth above and in the Statement of Overriding Considerations made below, giving greater weight to the remaining, unavoidable significant effect. ENERGY CONSERVATION Impact While limiting the demand for energy resources potentially generated by the existing General Plan, development allowed by the proposed project will increase demand for energy resources. Findings (a) Changes and other measures have been included in the project or are otherwise being implemented which mitigate this significant environmental effect, in that: 1. A11 new structures will comply with applicable building code requirements. �O� 2. Project construction will conform with State Energy ,Conservation • Standards as described in the California Administrative Code, Title 24, Part 6, Division T -20, Chapter 2 (i.e.,' insultaion techniques, water heating system controls, outside Iair cooling systems, window' glazing, "air- tight" construction of buildings, etc.). (b) All significant environmental effects that can (feasibly be avoided have been eliminated or substantially .lessened by (virtue of mitigation measures identified in the Final EIR and incorporated into the project as set forth above. (c) Potential mitigation measures or project alternatives not incorporated into the project were rejected as infeasible, ,based on economic, social and other considerations as set forth i'n the Statement of Facts, the Final EIR, and listed below: 1. At the general plan level of analysis, the s'iite specific impacts of a proposed project cannot be determined in detail. Precise definition of impacts and corresponding mitigation measures requires detailed project information (i.e., grading plans, site plans, engineering data, etc.) which shall be provided prior to implementation of any development. (d) The remaining, unavoidable significant effect is acceptable when balanced against facts set forth above and in the Statement of Overriding Considerations made below, giving greater weight_ to the remaining, unavoidable significant effect. WIN CUMULATIVE GPA 81 -2 PROJECTS •Impact Considered together, proposed projects within GPA 81 -2 would result in 519,000 additional square feet of office, commercial and industrial usesl and additional 239 dwelling units than presently allowed under the existing General Plan. Resultant cumulative impacts include increased demand for housing, public services and utilities, and increased traffic . and related air quality and noise effects. Findings (a) Changes and other measures have been included in the project or are otherwise being implemented which mitigate these significant environ- mental effects, in that: 1. The Caltrans West and Big Canyon Area 16 projects will increase housing opportunities in the City consistent with the Program and Performance Objectives of the City's Housing Element. The Cal - Trans West project includesYa commitment of 20% of the total units be affordable to low and moderate income households as defined in the Housing Element, and an additional 10% of the total units be affordable to low and moderate income households as defined in Section 50093 of the California Health and Safety Code. The Big Canyon Area 16 project includes a requirement that 10% of the total units be constructed on -site or offsite and be affordable to low and moderate income families under city standards. 1 80,000 square feet of medical office (Block 400) and 439,000 square feet of mixed office commercial and light industrial uses (Campus Drive). It should be noted that while 439,000 square feet of additional development could occur under the proposed GPA overall the • GPA would result in a reduction of development totalling 5,620,000 square feet as compared to development allowed by the existing general plan. Such a significant reduction is achieved by lowering the allowable floor to area ratio (FAR) from approximately 2.0 -3.0 to 0.5. I 2. The City requires all development projects over 10 dwelling units or 10,000 square feet to comply with the Traffic Phasing Ordinance • (TPO). Prior to approval of zones changes or tentative tract maps for individual projects within GPA 81 -2, iapplican;ts will be required to obtain necessary TPO approval. 3. At the time of future discretionary actions, a ➢1 projects shall be required to contribute a sum equal to their fair share of future circulation system improvements as shown on the City's Master Plan of Streets and Highways and any other mitigations measures as required. 4. The projects will contribute to circulation improvements to ease peak traffic flow and reduce congestion, thereby reducing mobile source air pollutants. 5. The projects will incorporate mandatory energy conservation requirements thereby reducing the need for combustion of fossil fuels and resultant pollutant emissions, 6. The cumulative noise impacts of regional growth on the Eastbluff area have been evaluated and a Jamboree Roadl,noise wall fund has been established to mitigate those impacts. 7. The cumulative noise impacts of regional growth on Coast Highway in the West Newport area and the Irvine Terrace will be evaluated and Coast Highway noise wall funds have been established to mitigate those impacts. 8. Prior to approval of tentative tract maps for residential devel- opments within the Caltrans West of Big Canyon Area 16 sites, applicants are required to meet all City policies regarding park dedication and /or in lieu fees. (b) All significant environmental effects that can 'feasibly be avoided • have been eliminated or substantially lessened by virture of mitiga- tion measures identified in the Final EIR and incorporated into the projects as set forth above. (2� (c) Potential mitigation measures or project alternatives not incorporated • into the projects were rejected as infeasible, based on econoimc, social and other considerations as set forth in the Statement of Facts, the Final. EIR, and listed below: 1. Given the projects' urban location, adequate capacity is generally available for the requisite public services and utilities. "Will - serve" letters will be obtained prior to approval of tentative tract maps for the individual projects. 2. Air quality in the Newport Beach area is generally good quality due to proximity to the coast and prevailing wind patterns. Mitigation measures of air quality impacts is, in part the responsibility of another agency as noted below: a. The implementation of the AQMP for the South Coast Air Basin is the jurisdiction of the AQMD and includes technological improvements to reduce emissions from both mobile and stationary sources. (d) Any remaining, unavoidable significant effect is acceptable when balanced against facts set forth above and in the Statement of Overriding Considerations made below, giving greater weight to the remaining, unavoidable significant effect. 6!5 XHIBIT "B" STATEMENT OF OVERRIDING CONSIDERATI May 9, 1983 BACKGROUND The California Environmental Quality Act (CEQA) and the State EIR Guidelines promulgated pursuant thereto provide: "(a) CEQA requires the decision -maker to (balance the benefits of a proposed project against its unavoid- able environmental risks in determining I whether to approve the project.'. Where agencies have taken action resulting in environmental damage without explaining the reasons which supported the decision, courts have invalidated the action. (b) Where the decision of the public agency alllows the occurrence of significant effects which are iden- tified in the final EIR but are not mitigated, the agency must state in writing the reasons to support its action based on the final EIR and /or other information records. This statement may be necessary if the agency also make the finding under Section 15088(a)(2) or (2)(3). . (c) If an agency makes. a statement of overriding con- siderations, the statement should be included in: the record of the project, approval and should be ment- ioned in the Notices of Determination.;" (Section 15089 of the Guidelines). The City Council proposes to amend the General Pillan for the City of Newport Beach. Because the action constitutes a project under CEQA and the Guidelines, an environmental impact report (EIR)', has been prepared by the City of Newport Beach. The EIR has identified certain significant effects that will flow from this project and the City Council desires to approve this project. After determining that the EIIR is complete and has been prepared in accordance with the CEQA and the Guidelines, and making the Statements of Facts above, the City Council !has also weighed the significant effects of the project agains the overriding consideration • noted as follows: U • CALTRANS WEST 1. Eventual buildout of the proposed project will reduce the amount of silt and other debris entering local drainage courses and receiving waters. 2. Where feasible, the project applicants will redirect existing water runoff away from Coast Highway to reduce impacts of sheet flows across the highway to the Lido Sands area. 3. The proposed project represents a logical extension of urban services and facilities by the City of Newport Beach and the infilling of vacant urban land. 4. The project will result in a net increase in annual revenues to the City. 5. The type and intensity of residential development is compatible with existing and planned projects surrounding the site. 6...The site is no longer needed for freeway right -of -way and is therefore available for alternate uses. 7. That existing views of ocean and bay shall be preserved for a line -of- site .four feet above the lower balcony level of a Newport Crest residence. 8. The increased level of residential development will have a positive impact on the available supply of housing in the City overall. 7. Twenty percent of the total dwelling units shall be affordable to low and moderate income households as defined in the city's Housing Element. • 9. Ten percent of the total dwelling units shall be affordable to low and moderate income households as set forth in Section 50093 of the Health and Safety Code. 692 10. Cal Trans West will be required to comply with the park dedication • ordinance. A park of at least five acres in size is to Ibe developed between Coast Highway, Superior Avenue, 15th Street (extended), and Bluff Road (Balboa Boulevard extended). The specific size, location, design, and the means to acquire and develop the park will be determined at the time of approval of the tentative tract maps for CalTrans West and /or the adjacent Banning- Newport Ranch' Residential Developments. The park shall be completed concurrent with occupancy of the first residential unit. 11. A view park of ± 1 acre shall be located on- sitejand shall partially satisfy the requirements for park dedication contained in Chapter 19.50 of the Newport Beach Municipal Code, 12. A pedestrian and bicycle easement shall be developed to connect the view park with the neighborhood park. The easement shall, as much as possible, be located to take advantage of ocean and, bay views. Precise location and design shall be determined at the time of approval of the tentative tract map. 13. The applicant or successor in interest shall participate in 50% of all costs related to the provision of a pedestrian andi bicycle, bridge over Superior Avenue at a point to be determined in conjunciton with the location of the view park at the time of approval of the tentative tract map. 14. A landscaped greenbelt shall be established adjacent to Newport Crest. The greenbelt shall be a minimum of 30 feet wide and be maintained by the applicant or successor in interest. Park credit shall not be given for the greenbelt. 15. Upon approval of this amendment by the City Council, Cal Trans will enter into an agreement to dedicate to the City the property required for realignment of Superior Avenue. 16. Because of difficulties in providing vehicular ,access to Cal Trans • East, and in recognition of both the State's need to dispose of this W site and Hoag Hospital's need for additional land, Cal Trans has • entered into negotiations with Hoag Hospital for the acquisition of Cal Trans East. Adoption of detailed zoning and approval of a tentative tract map on Cal Trans West shall not occur until Cal Trans offers satisfactory evidence that it will restrict access from Cal Trans East to Coast Highway. BIG CANYON AREA 16 1. The project represents a logical extension of urban services and facilities by the City of Newport Beach and the in- filling of vacant urban land. 2. The project will result in a net increase in annual revenues to the City. 3. Development of the project will ultimately reduce the amount of silt entering runoff to Upper Newport Bay. 4. The project wil enhance the character of the site and vicinity by replacing a vacant, mostly weedy area with well landscaped residential units of a type and intensity similar to surrounding residential uses. 5. The site is no longer needed for freeway reservation and is therefore available for alternate uses. 6. The increased level of residential development will have a positive impact on the available supply of housing in the City overall. 7. The requirements of the Park Dedication Ordinance shall be satisfied through on -site or off -site land dedication, the assessment of in -lieu fees or a combination of the above as determined by the Planning Commission and City Council, after recommendation by the parks, Beaches and Recreation Commission, at the time of approval of the • tentative tract map. i B. A number of units equal to at least 10% of the total units be constructed on -site or off -site and be affordable !to low and moderate income families using City standards. 9. At the time of future discretionary actions the project shall be required to contribute a sum equal to their falir share of future circulation system improvements as shown on the City's Master Plan of Streets and Highways and any other mitigaiton measures as required. 10. Prior to the approval by the City of any,future discretionary actions (i.e., zoning and tentative tract), the question of park credits, development rights and ownership of the Mouth of Big Canyon shall be resolved. BLOCK 400 NEWPORT CENTER 1. Increased job opportunities within the City will be, provided. 2. Transportation management; plans- will be required to reduce traffic congestion. 3. The project will result in a net increase in annual revenues to the City. 4. The project will provide medical services to the community in an area presently lacking in such services (i.e., east of Newport Bay). 5. The type and intensity of development is compatible with surrounding commercial uses in Newport Center, 6. At the time of future discretionary actions the project shall be required to contribute a sum equal to their fair share of future circulation system improvements as shown on the City's Master Plan of Streets and Highways and any other mitigation measures as required. • go i • • CAMPUS DRIVE INDUSTRIAL /OFFICE 1. The project will result in a major reduction in development allowed under the existing general plan and zoning designations thereby reducing potential traffic congestion, air pollution, noise, and demand for public services and energy. 2. The project responds to changing land use and economic factors influencing the subject site and provides for additional type and intensity of development consistent with surrounding commercial/ industrial areas. 3. New development implemented within the parameters of the project will result in a net increase in annual revenues to the city. 4. New development implemented within the parameters of the project will result in increased employment opportunities within the city. 5. The project includes a provision for allowing individual developments within the subject site to vary_ in type,and intensity of use as long as traffic impacts are not increased. Cumulative GPA 81 -2 Projects I. The Campus Drive project was initiated by the City of Newport Beach to reduce the cumulative impacts which would result from potential future development under current zoning and land use designations. 2. The increased employment opportunities created by future commercial/ industrial development allowed within GPA 81 -2 will provide employment opportunities and increase revenue for the City. 3. The commitment to provide affordable housing units by the CalTrans West and Big Canyon Area 16 proponents will help to offset the housing needs of new employees created by the Block 400 and Campus Drive projects. lid 4. When considered cumulatively, the General Plan Amendment represents a mixed use project which provides both additional housing and • employment opportunities in the City. i 5. The GPA has removed sites from the Open Space Land Use !designation which are more appropriate for residential use thereby decreasing the City's potential requirement to acquire the sites, as open space, as well as increasing the overall residential opportunities in the City. r MITIGATION MEASURES • EXISTING CITY POLICIES AND REQUIREMENTS A. Development of the sites shall be subject to a grading permit to be approved by the Building and Planning Departments. B. Grading plans shall include a complete plan for temporary and permanent drainage facilities, to minimize any potential impacts from silt, debris, and other water pollutants. C. The grading permits shall include a description of haul routes, access points to the site, and watering and sweeping programs designed to minimize impacts of haul operation. D. Erosion, siltation, and dust control plans shall be prepared by a civil engineer (based on recommendations of a soil engineer and an engineering geologist) subsequent to the completion of comprehensive soil and geologic investigations of the sites. Permanent reproducible copies of the "Approved as Built" grading plans on standard -size sheets shall be furnished to the Building Department. E. Prior to issuance of building permits, specific soils and foundation studies will be prepared. F. All buildings will conform to the Uniform Building Code (UBC) and city seismic design standards. G. Prior to the approval of any subdivision of land in a project, an inde- pendent third -party analysis of geologic hazards of all identified active faults shall be accomplished and approved by the City's Build- ing Department. This analysis will be funded by the applicant. The recommendations of this analysis will also be funded by the applicant and will be incorporated into any structure. (Stringent standards shall be included in the analysis.) • H. The velocity of concentrated runoff from the developments shall be evaluated and erosive velocities controlled as part of project design, including areas immediately adjacent to the sites. �3 I. Erosion, siltation, and dust control plans shall be prepared by the applicants and approved by the Building Department. A copy will be forwarded to the California Regional Water Quality Control Board, Santa Ana Region. J. Existing onsite drainage facilities shall be improved or upgraded to the satisfaction of the City. I K. Exposed slopes shall be planted as soon as possible to reduce erosion potential. L. All parking and other onsite paved surfaces shall be routinely vacuum - swept and cleaned to reduce debris and pollutants carried into the drainage system. M. Landscape and irrigation plans for all common areas shall be prepared by a licensed landscape architect. Said plans shall include a mainten- ance program which controls the use of organophosphates and pesti- cides. N. A preliminary grading concept will be submitted with the tentative tract map and /or at the planned community zoning stage of project planning. 0. The city shall, through its planning policies and permit conditions, insure the preservation of archaeological /paleontological resources and require that the impact caused by any development be mitigated in accordance with the California Environmental Quality Act (CEQA). i P. The city shall prepare and maintain sources of ipformation regarding archaeological /paleontological sites and the names and addresses of responsible organizations and qualified individuals who can analyze, classify, record, and preserve archaeological /paleontological findings. Q. It shall be the responsibility of a landowner or developer prior to the commencement of land development to cause the proposed site to be • • examined to determine the existence and extent of archaeological/pale- ontological resources. The examination shall be by qualified obser- vers, approved by the city. The observers shall prepare and submit to the city a written report describing findings and making recommenda- tions for further action. The report shall discuss both positive and negative aspects of the effects of the proposed development on archaeo- logical /paleontological resources. R. The City requires all- development projects over 10 dwelling units or 10,000 square feet to comply with the Traffic Phasing Ordinance (TPO). Prior to approval of zones changes or tentative tract maps for individual projects within GPA 81 -2, applicants will be required to obtain necessary TPO approval. S. All construction activities will be limited to the hours of 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m, to 5 p.m., Saturdays and Sundays. T. The City of Newport Beach requires that noise levels in exterior living areas (yards and patios.)_ for residential land uses not exceed 65 CNEL. In addition, the State of California requires that all multi- family residential projects meet the California Noise Insulation Standard (California Administrative Code, Title 25, Chapter 1, Subchapter 1, Article 4) which requires that interior noise levels in residential living spaces not exceed a CNEL of 45. The City of Newport Beach also applies this standard to all single - family residential projects. The City of Newport Beach does not have a commercial noise standard. A common commercial standard, similar to the County of Orange standard, is that interior noise levels do not exceed 50 CNEL. This criterion was used in assessing the compatibility of the proposed office commercial projects. U. The cumulative noise impacts of regional growth on the Eastbluff area have been evaluated and a Jamboree Road noise wall fund has been • established to mitigate those impacts. 75 V. The cumulative noise impacts of regional growth qn the West Newport area will be evaluated and a Coast Highway noiselwall fund shall be established to mitigate those impacts. W. A lighting plan will be submitted for review by the Police Department at the tentative tract stage of planning for each !of the study areas. This is to ensure adequate lighting of pedestrian walkwaysland parking areas. X. The provision of adequate fire flow will be required by the Fire Department at the tentative tract map stage. Y. Structures will be equipped with fire suppressor systems as required by code. Z. A program shall be devised in the city for the sorting and pickup or disposal of recyclable material separated from other solid 'waste. I AA. Prior to construction of any project, the availability oflwater shall be verified by the serving agency. BB. A watering system should be designed which minimizes water consumption (e.g., drip irrigation or tensiometers). CC. Drought- resistant vegetation should be planted as appropriate. DD. Standard water - saving devices should be used as appiropriate. i EE. Project construction will conform with State jEnergy (Conservation Standards as described in California Administratjve Code, Title 24, Part 6, Division T -20, Chapter 2. FF. All new structures will comply with applicable building code requirements. GG. Development of each of the sites shall include alIandscape plan sub- ject to approval of the Planning Department and the Parks, Beaches, and Recreation Department. HH. A greenbelt shall be established adjacent to Newport Crest. It shall • be an average of thirty feet wide and be maintained by the applicant or successors in interest. • II. Views to the west and south of Newport Crest shall be preserved for a person standing on the lower balcony level of a Newport Crest residence. JJ. Development of each site (including new developments within the Campus Drive study area) shall include a landscape plan subject to the approval of the Planning Department and the Parks, Beaches and Recreation Department. KK. Prior to approval of tentative tract maps for residential develop- ments, the respective applicants will be required to meet all City policies regarding park dedication and /or in lieu fees and the greenbelt policy for the Newport Crest development if applicable (see City policy HH in Section 3.12). LL. The following policies were recently approved as part of GPA 81 -1: A park of approximately five acres in size shall be located between Coast Highway, 15th Street, Superior Avenue, and Bluff Road with the specific size, location and design to be finalized at the tentative tract map stage. The park shall be completed concurrent with occupancy of the first residential tract. —77