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HomeMy WebLinkAbout84-44 - Villa Point Planned Community Final EIR0 RESOLUTION NO. 84 -44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH CERTIFYING AS COMPLETE AND ADEQUATE THE FINAL ENVIRONMENTAL 'IMPACT REPORT FOR THE VILLA POINT PLANNED COMMUNITY WHEREAS, the Draft Environmental Impact Report provided environmental impact assessment for the Zoning Amendment, Traffic Study, Tentative Tract Map, and Residential Coastal Development Permit relative to the Villa Point Apartment Project; and WHEREAS, the DEIR was prepared in accordance with the California Environmental Quality Act (CEQA) , the State EIR Guidelines and City Council Policy K -3; and WHEREAS, the DEIR was circulated to the public for comment and review; and WHEREAS, the DEIR was reviewed by the Citizens' Environmental Quality Advisory Committee ( CEQAC), and WHEREAS, written comments were received from the public and CEQAC during and after the public review period; and WHEREAS, the Planning Commission of the City of Newport Beach conducted public hearings to receive all public testimony with respect to the DEIR; and WHEREAS, such comments and testimony were responded to through Response to Comments (Attachment No. 1 to the DEIR) and staff reports submitted to the Planning Commission and City Council; and WHEREAS, such comments and testimony were fully and adequately responded to in the manner set forth in California Administrative Code Section 15146(b); and WHEREAS, the Planning Commission of the City of Newport Beach has reviewed all environmental documentation comprising the EIR and has found that the EIR considers all environmental impacts of the proposed Villa Point Planned ® Community and is complete and adequate and fully complies with all requirements of CEQA and the CEQA Guidelines; and WHEREAS, the Planning Commission of the City of Newport Beach recommended to the City Council that the EIR be certified as adequate and complete; and WHEREAS, the City Council has reviewed all environmental documentation prepared to evaluate the proposed General Plan Amendment, including all elements of the Final EIR and the recommendation of the Planning Commission. 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 Statement of Facts is attached hereto as Exhibit 1 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 Considera- tions is attached hereto as Exhibit 2 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 project 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 ® with the Finding that each fact in support of the Findings is true and is based reduced in their upon substantial evidence in the record, including the Final EIR. The Statement of Facts is attached hereto as Exhibit 1 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 Considera- tions is attached hereto as Exhibit 2 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 project 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 ® reduced to a level of insignificance have been substantially reduced in their impacts by the imposition of Conditions on the approved project 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 Statement of Overriding Considerations. - 2 - ered 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 the villa Point Planned Community, 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. The City Council has considered the recommendation of the Plan- ning Commission in its decision on the project. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council does hereby certify the Final EIR for the Villa Point Planned Community as complete and adequate in that it addresses all environmental effects of the proposed project and fully complies with the requirements of the California Environmental Quality Act and the CEQA Guidelines. Said Final EIR is composed of the follow- E. The City Council finds that the Final EIR has described all reason- Volume I - Draft EIR and Technical Appendices able alternatives to the project that could feasibly obtain the basic objectives of the project, even when those alternatives might impede the c) 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 consid- ered 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 the villa Point Planned Community, 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. The City Council has considered the recommendation of the Plan- ning Commission in its decision on the project. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council does hereby certify the Final EIR for the Villa Point Planned Community as complete and adequate in that it addresses all environmental effects of the proposed project and fully complies with the requirements of the California Environmental Quality Act and the CEQA Guidelines. Said Final EIR is composed of the follow- 3 - ing elements: ® a) Volume I - Draft EIR and Technical Appendices b) Attachment 1, including comments, responses and additional information c) Planning Commission Staff Reports d) Planning Commission Minutes e) Planning Commission Resolutions f) City Council Staff Reports g) City Council Minutes h) City Council Resolutions and Ordinance i) Comments and responses received prior to final action and not contained in a) through i) above. 3 - • is 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 92658 -8915, (714) 640 - 2197. ADOPTED THIS 29th day of May , 1984. ATTEST: PLT /kk 4/17/84 I MAYOR - 4 - • x k� C CEQA FINDINGS AND STATEMENT OF FACTS EXHIBIT 1 0 0 CEQA FINDINGS AND STATEMENT OF FACTS APRIL 9, 1984 SIGNIFICANT ENVIRONMENTAL EFFECTS WHICH CANNOT BE AVOIDED IF THE PROPOSED PROJECT IS IMPLEMENTED; FINDINGS WITH RESPECT TO SAID EFFECTS, AND STATEMENT OF FACTS IN SUPPORT THEREOF; ALL WITH RESPECT TO THE PROPOSED APPROVAL OF THE ENVIRONMENTAL IMPACT REPORT FOR VILLA POINT PLANNED COMMUNITY DISTRICT, NEWPORT BEACH, CALIFORNIA. BACKGROUND The California Environmental Quality Art (CEQA) and the State CEQA Guide- lines (Guidelines) promulgated pursuant thereto provide: "No public agency shall approve or carry out a project for which an environmental impact report has been completed that identifies one or more significant effects of the project, unless the public agency makes one or more of the following written findings for each of the significant effects, accompanied by a statement of facts supporting each finding." The possible findings are: Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant envi- ronmental effects as identified in the Final EIR. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agen- cy or can and should be adopted by such other agency. 3. Specific economic, social, or other considerations make infea- sible the mitigation measures or project alternatives identified in the Final EIR (Section 15090 of the Guidelines). The City of Newport Beach proposes to approve development of the Villa Point Planned Commmunity site, including Planned - Community District regula- tions, a tentative tract map, traffic phasing plans, and a coastal residential development permit. Because the proposed actions constitute a project under CEQA and the Guidelines, the City of Newport Beach has prepared an Environ- mental Impact Report (EIR). This EIR has identified certain significant effects which may occur as a result of this project and other past, present, and reasonably foreseeable future projects (Page 90 of Draft EIR). Further, the City Council desires to approve the project and, after determining that the EIR is complete and prepared in accordance with CEQA and the Guidelines, set forth the findings herein: U 2 JrM EFFECTS DETERMINED TO BE INSIGNIFICANT The EIR for Villa Point Planned Community has concluded that the project would not have any significant adverse impacts on biological resources (Page 41 of Draft EIR). I • 0 rl M FINDINGS AND FACTS IN SUPPORT OF FINDINGS FOR SIGNIFICANT ENVIRONMENTAL EFFECTS OF THE PROJECT EFFECTS DETERMINED TO BE MITIGABLE TO A LEVEL N I N AN Geology Impacts. Development of the project will require grading of the site. Findings. 1. Changes, alterations, or other measures have been made in or incorporated into the project, or are otherwise being implement- ed which will mitigate this impact to a level of insignificance in that: a. All buildings will conform to the Uniform Building Code and the City's seismic design standards. b. Development of the site shall be subject to a grading permit to be approved by the Building and Planning Departments. c. Local and CAL -OSHA safety codes shall be adhered to during all subsurface construction. d. The grading plan, if desired by the City of Newport Beach, shall include a complete plan for temporary and permanent drainage facilities to minimize any potential impacts from silt, debris, and other water pollutants. e. The grading permit, if desired by the City of Newport Beach, shall include a description of haul routes, access points to the site, and a watering and sweeping program designed to minimize impacts of haul operations. f. Erosion control measures shall be done on any exposed slopes within 30 days after grading or as approved by the grading engineer. g. Grading shall be conducted in accordance with plans prepared by a civil engineer and based on recommendations of a soils engineer and an engineering geologist subsequent to comple- u M tion of a comprehensive soils and geologic investigation of the project site. Permanent reproducible copies of "Approved -as- Built" grading plans on standard -size sheets shall be furnished to the City of Newport Beach Building Department. Prior to approval of the final grading plan, recommendations of the geotechnical report shall be incorporated into the design and engineering of the project. Cultural Resources Impacts. Development of the project site will impact no known archaeical or historical resources. However, there is a possibility that subsurface archaeological remains exist. The area is highly sensitive from a paleontological viewpoint, and paleontological resources could be adversely impacted during grading. Findings. 1. Changes, alterations, and other measures have been made in or incorporated into the project, or are otherwise being implement- ed, which will mitigate these impacts to a level of insignifi- cance in that: a. A qualified archaeologist shall be present during pregrade meetings to inform the developer and grading contractors of the results of the study. In addition, an archaeologist shall be present during grading activities to inspect the underlying soil for cultural resources. If significant cul- tural resources are uncovered, the archaeologist shall have the authority to stop or temporarily divert construction activities for a period of 48 hours to assess the signifi- cance of the finds. b. In the event that significant archaeological remains are uncovered during excavation and /or grading, all work shall stop in that area of the subject property until an appro- priate data recovery program can be developed and implement - ed. The cost of such a program shall be the responsibility of the landowner and /or developer. c. A paleontological monitor shall be retained by the landowner and /or developer to attend pregrade meetings and perform n U 5 inspections during development. The paleontologist shall be allowed to divert, direct, or halt grading in a specific area to allow for salvage of exposed fossil materials. d. Prior to issuance of any grading or demolition permits, the applicant shall waive the provisions of AB 952 related to City of Newport Beach responsibilities for the mitigation of archaeological impacts, in a manner acceptable to the City Attorney. e. Should fossils be discovered during grading operations, the landowner shall donate the fossils collected to a non - profit institution. Land Use /Aesthetics Impacts. Development of the proposed project will alter the exist- ing, un eveToped character of the site and will add to the urbanization and visual appearance of Newport Center. Findings. 1. Changes, alterations, and other measures have been made in or incorporated into the project, or are otherwise being implement- ed, which will mitigate this imapct to a level of insignificance in that: a. A landscape and irrigation plan for the project shall be prepared by a licensed landscape architect. The plan will be subject to approval by the Planning Department, the Parks, Beaches, and Recreation Department, and the Public Works Department. b. The landscape shall include a maintenance program which con- trols the use of fertilizers and pesticides. c. The landscape plan shall place emphasis on the use of drought- resistant native vegetation and be irrigated via a system designed to avoid surface runoff and overwatering. d. The development shall be in substantial conformance with the approved plot plan, floor plans, elevations, and sections. ® e. The project shall be designed to eliminate light and glare spillage onto adjacent properties. • E 0 f. Signage and exterior lighting shall be approved by the Plan- ning Department and the Public Works Department. g. All mechanical equipment, vents, and other service equipment shall be shielded or screened from view by architectural features. SIGNIFICANT ENVIRONMENTAL EFFECTS WHICH CANNOT BE AVOIDED IF THE PROJECT IS IMPLE ENTED Water Resources Impacts. Development of the proposed project will act to incrementally increase tFe amount of storm runoff from the site, and may incrementally add to the degradation of water quality in Newport Bay. Findings. 1. Changes, alterations, and other measures have been made in or incorporated into the project, or are otherwise being implement- ed, which will mitigate this impact to the extent feasible in that: a. An erosion, siltation, and dust control plan, if desired by the City of Newport Beach, shall be submitted and be subject to approval by the Buildinq Department, and a copy shall be forwarded to the California Regional Water Quality Control Board, Santa Ana Region, for review. b. The velocity of concentrated runoff from the project shall be evaluated and erosive velocities controlled as part of project design. c. Prior to issuance of the grading permit, the design engineer shall review and state that the discharge of surface runoff from the project will be performed in a manner to assure that increased peak flows from the project will not increase erosion immediately downstream of the system. This shall be reviewed and approved by the Planning and Building Depart- ments. 0 d. All proposed development shall provide for vacuum - sweeping of parking areas. e r� u IM e. The Irvine Company shall provide for approximately 1,100 linear feet of an offsite storm drain, from the Jamboree Road intersection down Back Bay Drive to the existing storm drain inlet structure at the Back Bay. This storm drain shall be constructed concurrently with project construction. f. A storm drain shall be provided as part of the project, to channel surface waters from the project site and a portion of East Coast Highway to the master - planned offsite storm drains. This storm drain shall be constructed concurrently with project construction. Traffic and Circulation Impacts. Development of the proposed project will, in concert with other past, present, and reasonably foreseeable projects; incrementally con- tribute to increased traffic volumes on the local circulation system. Findings. Changes, alterations, and other measures have been made in or incorporated into the project, or are otherwise.being implement- ed, which will mitigate this impact to the extent feasible in that: a. The project shall be required to contribute a sum equal to its "fair share" of future circulation system improvements as shown on the City's Master Plan of Streets and Highways, and in any other mitigation measures as may be required. b. The City of Newport Beach requires each project to provide for all necessary roadway improvements. Several improve- ments have been required of previously approved projects, but are not yet constructed. The project will be required to contribute to, or provide full improvements to, inter- sections identified in the traffic study (unless subsequent project approval requires modification thereto). The cir- culation system improvements shall be subject to the approv- al of the Traffic Engineer. c. Prior to project construction, the construction of Back Bay Drive from Jamboree Road to Coast Highway will be required ® to provide access. • L d. Signalization of Back Bay Drive at Coast Highway and Jam- boree Road will be required as a part of the Back Bay Exten- sion project. e. The driveway shall be designed for two -way ingress and egress, if determined feasible by the Public Works Depart- ment, and that it not be provided until the nursery use is terminated. Further, the driveway onto Coast Highway will be closed, if feasible. Noise 0 Impacts. Implementation of the proposed project will incrementally contriTute an increase in noise generated from both short -term construction activities and long -term traffic - related sources on a cumulative basis, in conjunction with other projects occurring on a local and regional scale. Findings. 1. Changes, alterations, and other measures have been made in or incorporated into the project, or are otherwise being implement- ed, which will mitigate this impact to the extent feasible in that: a. Prior to the occupancy of any unit, a qualified acoustical engineer shall be retained by the City at the applicant's expense to demonstrate to the satisfaction of the Planning Director that noise impacts do not exceed 65 CNEL for out- side living areas and active recreation areas and 45 CNEL for interior living areas. b. Prior to issuance of any building permit authorized by approval of this project, the applicant shall deposit with the City Finance Director a sum proportionate to the per- centage of future additional traffic related to the project area, to be used for construction of a wall on the westerly side of Jamboree Road between Eastbluff Drive and Ford Road and along the southerly side of Pacific Coast Highway along Irvine Terrace and West Newport. c. 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. on Saturday and Sunday. 2 n U 0 d. Any mechanical equipment and emergency power generators will be screened from view and shall be sound - attenuated so as not to exceed 55 dBA at the property line. e. Upstairs patio areas will be glassed in for all areas within the 65 CNEL contour. Units within these buildings will also be provided with aluminum sliding windows of normal 1/8 -inch thickness. Downstairs units within the 65 CNEL contour will be shielded from the noise source by a barrier approved by the Planning Director. Air Quality Impacts. This project, in concert with other past, present, and rea- sonabTy--foreseeable projects, will contribute to an adverse impact on regional air quality. Findings. 1. Changes, alterations, and other measures have been made in or incorporated into the project, or are otherwise being implement- ed, which will mitigate this impact to the extent feasible in that: a. Parking areas shall be paved early during construction. b. Openable windows shall be used to allow cooling by normal breezes. c. A lighting plan, which describes how energy conservation has been incorporated into the lighting scheme, shall be sub- mitted for approval by the Planning Department. Energy Impacts. The proposed project will, in conjunction with other proj- ects occurring on a local and regional scale, cumulatively contribute to an increase in energy use in the region. Findings 1. Changes, alterations, and other measures have been made in or incorporated into the project, or are otherwise being implement- ed, which will mitigate this impact to the extent feasible in that: U Ito] a. Building design shall conform to Title 24 of the California Administrative Code. b. A solar hot water system be installed for the community pool and spa. Public Services and Utilities Impacts. The proposed project will, in conjunction with ongoing growt i>F�'n_tFe surrounding area, cumulatively affect the service levels of pub- lic agencies and utilities, and contribute to the increased demand for public services. Findings. 1. Changes, alterations, and other measures have been made in or incorporated into the project, or are otherwise being implement- ed, which will mitigate this impact to the extent feasible in that: a. Emergency fire access shall be approved by the Fire Depart- ment. b. All buildings on the project site shall be equipped with fire suppression systems approved by the Fire Department. c. All access to buildings shall be approved by the Fire Department. d. All onsite fire protection (hydrants and Fire Department connections) shall be approved by the Fire Department and Public Works Department. e. Final design of the project shall provide for the incorpora- tion of water - saving devices for project lavatories and other water -using facilities. f. Prior to occupancy of any building, the applicants shall provide written verification from the Orange County Sanita- tion Districts that adequate sewer capacity is available to serve the project. 0 g. Prior to approval of the final subdivision map, the appli- cant shall consult with the City of Newport Beach Public • h 11 M Works Department and OCTD regarding the provision of a bus stop and related amenities (i.e., shelter, bench) along East Coast Highway adjacent to the project site. The applicant shall be responsible for the installation of a permanent bus stop along East Coast Highway subsequent to widening of the highway in 1985 -86. An interim bus stop with access to the project site may be provided until that time. 0 r-I Lj r LJ 12 STATEMENT OF OVERRIDING CONSIDERATIONS L�7-.- • EXHIBIT 2 13 Lsa STATEMENT OF OVERRIDING CONSIDERATIONS . The California Environmental Quality Act requires a public agency to balance the benefits of a proposed project: against its unavoidable environ- mental risks in determining whether to approve the project. The City of Newport Beach has determined that the unavoidable environmental risks of this project are acceptable when balanced against the benefits of this project, giving greater weight to the unavoidable environmental risks. In making this determination, the following factors and public benefits were considered or decisions made: The proposed project is consistent and compatible with other existing and proposed uses in the vicinity of the project and the community in general. The proposed project will contribute to a fair share of roadway improvements. 3. The proposed project represents a new development located in an urban area where adequate facilities and services are available. The proposed project will implement established policies of the General Plan Housing Element to increase the production of hous- ing and to provide affordable housing opportunities in the city. 5. The proposed project supports the City's responsibility to designate sufficient vacant land for residential use with appro- priate standards to produce housing at the lowest possible cost consistent with Section 65913 of the Government Code. 6. The proposed project supports the City's policy to eliminate constraints to housing production, increase allowed density, and provide incentives to the building industry to facilitate the provision of housing for low and moderate- income households.